REAPPORTION POTATO INDUSTRY COMMISSION

House Bill 4623

Sponsor:  Rep. Neal Nitz

Committee:  Agriculture

Complete to 4-25-05

A SUMMARY OF HOUSE BILL 4623 AS INTRODUCED 4-19-05

Public Act 29 of 1970 established the Michigan Potato Industry Commission to foster, develop, and promote the state's potato industry through a number of initiatives, including research, advertising, market expansion and development, and education.  The 17-member commission is composed of 10 individuals representing growers, two individuals representing shippers, two individuals representing processors, one individual representing retailers, and also one individual each from Michigan State University and the Department of Agriculture, both of whom serve as ex-officio members.  Of the 10 growers serving on the commission, two individuals serve at-large, and eight individuals represent seven districts.  The first district comprises the entire Upper Peninsula, and is represented by two individuals.  The Lower Peninsula, then, is divided into six districts, represented by one individual each.  (See the attached map below.)  The current apportionment plan for the growers' districts dates back at least until 1961 and the establishment of the state potato industry council, the predecessor to the Michigan Potato Industry Commission.  (See Public Act 208 of 1961.)

House Bill 4623 would permit the potato commission with the approval of the Department of Agriculture and the Agriculture Commission to reapportion the number of members and/or the districts.  District reapportionment would have to be based on production or industry representation, and could not begin prior to 30 days after the bill's effective date.  Reapportionment could not occur more than twice in a five-year period or within six months prior to a referendum. 

Additionally, the bill provides that if, after reapportionment, the residence of a committee member falls outside of the district the member represents and within the district of another member, both members would continue to serve on the commission for a term equal to the remaining term of the longest serving member.  If, after reapportionment, a district were created in which no member resides, a member would be selected as provided in the act. As a result of the above provisions, the bill provides that the commission could temporarily have more members than explicitly provided for in the act. 

[Note:  Public Act 601 of 2002 (House Bill 6256) added a similar reapportionment provision to the Agricultural Commodities Marketing Act (Public Act 232 of 1965).  Several agricultural commodities committees are established under Public Act 232, including those concerning apples, asparagus, carrots, cherries, corn, cranberries, dairy products, onions, plums, privately owned cervids, soybeans, and special-fed veal.  Commodities marketing programs for beans and beef are established separately under Public Act 114 of 1965 of Public Act 291 of 1972, respectively.] 

MCL 290.422

FISCAL IMPACT:

            The bill would have no apparent fiscal impact on the state or local governmental units.

BACKGROUND INFORMATION:

            The map shows the current districts of the Michigan Potato Industry Commission. 

                                                                                          Legislative Analyst:   Mark Wolf

                                                                                                 Fiscal Analyst:   William E. Hamilton

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.