May 10, 2007, Introduced by Senators BIRKHOLZ, VAN WOERKOM, GILBERT, JELINEK and McMANUS and referred to the Committee on Agriculture.
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
by amending section 303 (MCL 436.1303).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 303. (1) The grape and wine industry council is created
in the department of agriculture. The council shall consist of all
of the following:
(a) Three wine makers.
(b) A wine grape grower.
(c)
The director of consumer and industry services labor and
economic growth or his or her designee.
(d) The director of the department of agriculture or his or
her designee.
(e) A staff member of Michigan state university appointed by,
and serving at the pleasure of, the dean of the college of
agriculture and natural resources of Michigan state university.
(f) The chairperson of the commission or his or her designee,
as an ex officio member.
(g) A person who operates a retail food establishment that
holds a specially designated merchant license and sells Michigan
wines or a person who operates a restaurant that holds a class C
license and serves Michigan wines.
(h) A beer and wine wholesaler who markets Michigan wine.
(i) Not more than 2 additional members appointed as prescribed
in subsection (3).
(2)
The Beginning the
effective date of the amendatory act
that amended this section, the members of the council described in
subsection (1)(a), (b), (g), and (h) shall be appointed by the
governor.
The council members appointed under subsection (1)(g) and
(h)
shall be appointed for 2-year terms beginning on October 1,
1991.
Of the council members appointed for terms beginning October
1,
1991, 1 shall be appointed for a 1-year term, and 3 shall be
appointed
for terms of 2 years each. director
of the department of
agriculture.
All appointments for terms beginning
on or after
October 1, 1992 shall
be for 2 years each 2-year
terms. A member
shall continue to serve until a qualified successor has been
appointed. A member shall not serve more than 2 consecutive terms.
A vacancy on the board shall be filled in the same manner as the
original appointment. The director of the department of agriculture
shall act as chairperson of the council. The appointments under
this subsection are subject to the approval of the commission of
agriculture.
(3)
The governor director of
the department of agriculture may
appoint not more than 2 additional members to the council who shall
assist the council in performing its duties, but who shall not have
the power to vote. The persons appointed under this subsection
shall not be members of the classified state civil service, shall
serve
at the pleasure of the governor director, and shall receive
salaries and benefits determined and paid by the department of
agriculture.
(4) The council may employ personnel and incur such expenses
as are necessary to carry out the purposes of the council under
this act. All such expenses shall be paid from fees credited to the
wine industry council under section 543(2). A member of the council
or an employee or agent of the council shall not be personally
liable on the contracts of the council.
(5) A nongovernmental member of the council shall receive
$50.00 per day for each day spent in actual attendance at meetings
of the council and traveling expenses while on council business in
accordance with standard travel regulations of the department of
management and budget.
(6) The council shall maintain accurate books and records, and
all funds received by the council shall be used to implement and
enforce this section.
(7) The council shall do all of the following:
(a) Provide for research on wine grapes and wines, including,
but not limited to, methods of planting, growing, controlling
insects and diseases, charting microclimates and locations for
growing desirable varieties of wine grapes, marketing, processing,
distribution, advertising, sales production, and product
development.
(b) Provide the wine industry, including growers, wineries,
distributors, and retailers, with information relative to proper
methods of handling and selling wine grapes and wines.
(c) Provide for market surveys and analyses for purposes of
expanding existing markets and creating new and larger markets for
wine grapes and wines.
(d) Provide for the promotion of the sale of Michigan wine
grapes and wines for the purpose of maintaining or expanding
present markets and creating new and larger domestic and foreign
markets.
(e) Develop and administer financial aid programs to wine
grape growers to encourage the increased planting in this state of
desirable grape varieties in microclimates determined to provide
the best conditions for producing quality wines.
(8) The council may promulgate rules pursuant to the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328, for the purposes of implementing and enforcing this
section. However, a rule shall not be promulgated that conflicts
with a rule promulgated by the commission pursuant to section 215.
(9) As used in this section, "council" means the grape and
wine industry council created in subsection (1).