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Section 290.703 - Agricultural marketing and bargaining board; creation; purpose; appointment, qualifications, and terms of members; vacancy; removal; quorum; per diem reimbursement and expenses; serv

AGRICULTURAL MARKETING AND BARGAINING ACT (EXCERPT)
Act 344 of 1972

290.703 Agricultural marketing and bargaining board; creation; purpose; appointment, qualifications, and terms of members; vacancy; removal; quorum; per diem reimbursement and expenses; services for implementing act; conducting business at public meeting; notice of meeting; rules.

Sec. 3.

(1) An agricultural marketing and bargaining board is created within the department of agriculture. The board shall administer this act.

(2) The board consists of 5 individuals who shall be citizens of the state appointed by the governor with the advice and consent of the senate, not more than 3 of whom shall be affiliated with the same political party. A minimum of 2 members of the board shall derive a substantial portion of their livelihood from agricultural enterprises. One member shall be considered a lay person, who shall not be a producer, handler, or a member of an association, as defined under this act. The governor shall designate 1 member of the board to serve as chairperson of the board. The original board shall be composed of 2 members of the board for a 1-year term, 1 member of the board for a 2-year term, 1 member of the board for a 3-year term and 1 member of the board for a 4-year term. The governor shall indicate the length of term when making the appointment of the original board. As the term of each member of the board expires, the governor, with the advice and consent of the senate, shall appoint a successor to serve for a term of 4 years. An individual appointed to fill a vacancy caused by other than expiration of the term shall be appointed only for the unexpired term of the member of the board whom the individual succeeds.

(3) A member of the board may be removed by the governor, upon notice and hearing, for neglect of duty, or for corrupt conduct in office, or for any other misfeasance or malfeasance but not for any other cause.

(4) A vacancy in the board shall not impair the right of the remaining members to exercise the powers of the board. Three members of the board constitutes a quorum.

(5) Members of the board shall receive per diem reimbursement fixed by the legislature and necessary traveling and subsistence expenses incurred while attending meetings of the board or engaged in the performance of official responsibilities delegated by the board or other amounts as may be appropriated by the legislature.

(6) Services for implementing this act shall be provided by the department of agriculture from appropriations made by the legislature.

(7) The business which the board may perform shall be conducted at a public meeting of the board held in compliance with Act No. 267 of the Public Acts of 1976, as amended, being sections 15.261 to 15.275 of the Michigan Compiled Laws. Public notice of the time, date, and place of the meeting shall be given in the manner required by Act No. 267 of the Public Acts of 1976, as amended.

(8) The board may promulgate rules necessary for the administration of this act in accordance with and subject to Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.315 of the Michigan Compiled Laws.


History: 1972, Act 344, Eff. Mar. 30, 1973 ;-- Am. 1980, Act 195, Imd. Eff. July 8, 1980
Compiler's Notes: For abolishment of the agricultural marketing and bargaining board and transfer of its powers and duties to the department of agriculture, see E.R.O. No. 2007-7, compiled at MCL 290.741.
Admin Rule: R 290.101 et seq. of the Michigan Administrative Code.

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