§ 42-82-3. Agricultural lands preservation commission.
(a)(1) There is established the agricultural lands preservation commission consisting of
the directors of the department of environmental management and the department of
administration, or their respective designees, both ex officio with the power to vote;
and seven (7) public members to be appointed by the governor with the advice and consent
of the senate. The public appointees shall include at least two (2) members with knowledge
or experience in agriculture, one member familiar with land use and community planning
issues, and one member active in land preservation. All gubernatorial appointments
made under this section after January 1, 2005, shall be subjected to the advice and
consent of the senate. No person shall be eligible for appointment pursuant to this
section after the effective date of this act [April 20, 2006] unless the person is
a resident of this state.
(2) The members appointed by the governor shall serve for terms of five (5) years each;
provided, however, that of the members first appointed, one shall serve for one year,
one shall serve for two (2) years, one shall serve for three (3) years, one shall
serve for four (4) years, and two (2) shall serve for five (5) years, from January
first next succeeding their appointment, as the governor shall designate; provided,
however, that those members of the commission as of the effective date of this act
[April 20, 2006] who were appointed upon the recommendation of members of the general
assembly shall cease to be members of the commission on the effective date of this
act [April 20, 2006].
(3) Any vacancy occurring otherwise than by expiration of term shall be filled in the
same manner as the original appointment.
(4) Upon expiration of a member's term, that member shall continue as a member until that
member's successor is appointed and qualified. Any person serving a term shall be
eligible for appointment.
(5) No member, including ex-officio members, shall receive compensation for the performance
of the member's duties as a member; provided, however, that each appointed member
may be reimbursed if funds are appropriated for the member's actual and necessary
expenses incurred during the performance of the member's official duties.
(6) [Deleted by P.L. 2006, ch. 22, § 5 and P.L. 2006, ch. 27, § 5.]
(7) The commission shall designate annually from its members a chairperson and a vice
chairperson.
(8) Whenever public hearings are required under this chapter, or whenever the commission
determines a public hearing is appropriate, the commission shall use reasonable efforts
to hold those hearings at a place or places that will reasonably accommodate the interested
parties.
(b) Five (5) voting members of the commission shall constitute a quorum for the transaction
of any business or the exercise of any power of the commission. Except as otherwise
provided in this chapter, the commission shall have the power to act by a majority
of the members present at any meeting at which a quorum is in attendance.
(c) The governor may remove any member for cause or misconduct in office after giving
the member a copy of the charges against the member and an opportunity to be heard,
in person or by counsel, in the member's defense, upon not less than ten (10) days'
notice. If any member shall be removed, the governor shall file in the office of the
secretary of state a complete statement of charges made against the member and his
or her findings, together with a complete record of the proceedings.