Creation of commission; members

Act 148 of 1988, § 3, under ANIMAL HEALTH AND DIAGNOSTIC ACT.

Act 148 of 1988, § 3

Section 3. Creation of commission; members.

(a) Creation.--There is hereby created in the Department of Agriculture a departmental administrative commission which shall be known as the Animal Health and Diagnostic Commission.

(b) Membership.--

(1) The commission shall consist of the following 15

members:

(i) The Secretary of Agriculture of the

Commonwealth.

(ii) The Secretary of Health of the Commonwealth.

(iii) The chairmen and minority chairmen of the

Agriculture Committees of both the House of

Representatives and the Senate.

(iv) Three accredited veterinarians appointed by the

Governor with the advice and consent of a majority of the

members elected to the Senate.

(v) Six active farmers appointed by the Governor

with the advice and consent of a majority of the members

elected to the Senate. In appointing farmer members, the

Governor shall consider nominees suggested by Statewide

farm organizations, the poultry industry and equine and

livestock breeding organizations.

(2) The Secretary of Agriculture shall serve as the

chairman of the commission. At the last regular meeting of

the commission in the calendar year, the members of the

commission shall elect a vice chairman from among the members

of the commission. The member elected vice chairman shall

serve in that capacity for the ensuing year.

(3) Each member of the commission in the categories of

paragraph (1)(i) through (iii) may be represented by his

designee.

(4) Five of the nine members appointed by the Governor

shall be appointed to an initial term of two years. All other

members appointed by the Governor shall serve for terms of

four years. A member appointed by the Governor shall hold

office until his successor has been duly appointed and

qualified according to law but no longer than six months

beyond the period to which the member was appointed. Any

members appointed by the Governor to fill a vacancy occurring

otherwise than by expiration of a term shall be appointed in

the same way and with the same qualifications as set forth in

paragraph (1) and shall hold office for the remainder of the

unexpired term.

(5) Each member of the commission shall be eligible for

reappointment, and any member appointed to the commission by

the Governor may be removed by the Governor for neglect of

duty or malfeasance in office.

(6) Members appointed to the commission by the Governor

shall receive $100 per day for each day actually engaged in

the business of the commission as compensation for serving as

members and shall devote such time and effort to the

prosecution of the commission's business as is necessary to

fulfill the commission's obligations under law. Such members

shall also be entitled to reimbursement in accordance with

Commonwealth regulations for reasonable traveling, lodging

and other necessary expenses incurred in the discharge of

their duties.

(7) All members shall be employed or engaged in business

in this Commonwealth or, if retired, shall be residents of

this Commonwealth.

(8) A majority of the members of the commission shall

constitute a quorum. All decisions shall require the

concurrence of a majority of the members of the commission.

The commission shall keep a full and accurate record of all

proceedings and of all resolutions, regulations and orders

issued or adopted.