April 19, 2005, Introduced by Reps. Nitz, Mayes, Kathleen Law, Hune and Ball and referred to the Committee on Agriculture.
A bill to amend 1970 PA 29, entitled
"An act relating to potatoes; to create a potato commission; to
prescribe its powers and duties and authority; to impose an
assessment on the privilege of introducing potatoes into the
channels of trade and commerce; to provide for the collection of
the assessment; to provide for penalties; and to repeal certain
acts and parts of acts,"
by amending section 2 (MCL 290.422), as amended by 2000 PA 5.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. (1) The state potato industry commission is created
within the department. The commission shall be composed of the
director or a person designated by the director from the director's
staff, who shall serve ex officio, without vote; a staff member of
Michigan state university appointed by the dean of agriculture of
that university to serve at the pleasure of the dean, ex officio,
without vote; and 10 growers, 2 processors, 2 shippers, and 1
retailer appointed by the governor with the advice and consent of
the senate. A member appointed by the governor shall be a citizen
and resident of this state and of the district from which
appointed, shall be 18 years of age or older, and shall be in
compliance with this act. A commission member in the grower
category shall be engaged and have been engaged in growing potatoes
within this state for a period of not less than 2 years immediately
before appointment, and shall have derived a substantial portion of
his or her income from this activity.
(2) Eight growers shall be appointed to serve on the
commission, representing 7 districts throughout the state as
follows: District 1--Upper Peninsula counties shall be represented
by 2 members. The following districts shall be represented by 1
member each: district 2--Antrim, Manistee, Wexford, Missaukee,
Roscommon, Mason, Lake, Osceola, Clare, Benzie, Charlevoix,
Cheboygan, Crawford, Emmet, Grand Traverse, Kalkaska, Leelanau, and
Otsego; district 3--Alcona, Alpena, Montmorency, Oscoda, Presque
Isle, Iosco, and Ogemaw; district 4--Kent, Montcalm, Newaygo,
Isabella, Mecosta, and Oceana; district 5--Bay, Arenac, Midland,
Tuscola, Huron, Sanilac, Gratiot, Gladwin, and Saginaw; district 6-
-Allegan, Barry, Eaton, Van Buren, Kalamazoo, Calhoun, Berrien,
Cass, Clinton, Ionia, Ottawa, Muskegon, St. Joseph, and Branch;
district 7--Ingham, Livingston, Oakland, Macomb, Jackson,
Washtenaw, Wayne, Hillsdale, Lenawee, Shiawassee, Genesee, Lapeer,
St. Clair, and Monroe. The ninth and tenth growers shall serve at
large. The other members of the commission, except the ex officio
members, shall have been associated with the potato industry for
not less than 2 years immediately before appointment.
(3) The term of office of an appointed member shall be 3
years. The term of an appointed member shall expire on July 1,
except that a term shall continue until a successor is appointed
and qualified. If during a term a member ceases to possess any of
the qualifications prescribed in this act, that member's office
shall be vacated. A person appointed to fill a vacancy shall serve
for the remainder of the unexpired term and until a successor is
appointed and qualified.
(4) The commission shall conduct a meeting of growers and
shippers annually.
(5) The commission may conduct a meeting of growers in the
district where a vacancy will occur by expiration of a term, to
elect nominees for appointment to the commission. Instead of a
meeting, nominees may be selected by a vote of growers in the
district by mail ballot, providing ballots are mailed by the
commission to all growers of record, and in compliance with this
act. Not more than 2 nominees for each vacancy on the commission
shall be selected. The names of all nominees shall be placed on a
list of nominees recommended to the governor, and the governor
shall make appointments from that list. The growers at large shall
be nominated by a majority of the 8 growers representing the
districts. A majority of the 10 grower members shall nominate the
processor, shipper, and retail candidates for appointment to the
commission. Vacancies on the commission, except from the expiration
of term, shall be filled by the governor from nominees selected by
the commission. A person appointed as a commission member shall
qualify by filing a written acceptance and oath of office within 10
days after being notified by the governor of the appointment.
(6) Annually, the commission members shall elect a chairperson
from among its appointed members. A majority of the voting members
of the commission constitutes a quorum for the transaction of
business and the carrying out of the duties of the commission. The
business which the commission may perform shall be conducted at a
public meeting of the commission held in compliance with the open
meetings act, 1976 PA 267, MCL 15.261 to 15.275. Public notice of
the time, date, and place of the meeting shall be given in the
manner required by the open meetings act, 1976 PA 267, MCL 15.261
to 15.275. Meetings of the commission shall be called by the
chairperson, except that special meetings shall be called by the
chairperson on petition of 8 members no later than 7 days after
receiving the petition.
(7) The commission, with the advice and consent of the
director and the commission of agriculture, may reapportion either
the number of commission members or member districts, or both.
Reapportionment of the districts shall be on the basis of
production or industry representation. Reapportionment may be
commenced not earlier than 30 days after the effective date of the
amendatory act that added this subsection. Reapportionment of
either members or districts shall not occur more than twice in any
5-year period and shall not occur within 6 months before a
referendum. After reapportionment under this subsection, if the
residence of a member of the commission falls outside the district
for which he or she serves on the commission and falls within the
district for which another member serves on the commission, then
both members shall continue to serve on the commission for a term
equal to the remaining term of the member who served for the
longest period of time. After the reapportionment described in this
subsection, if a district is created within which no member serving
on the commission resides, than a member shall be selected in the
manner as prescribed in this section. After a reapportionment or
redistricting, the commission may temporarily have more members
than prescribed by this section until the expiration of the term of
the longest-serving member from that district.
(8) (7)
The per diem compensation of the appointed members
of the commission shall not exceed $75.00 plus the reimbursement of
expenses incurred in attending a commission meeting.
(9) (8)
All funds of the commission shall be handled by the
commission and all funds received by it shall be used to implement
this act. Money received by the commission shall be deposited in
banks or other forms of security as may be designated by the
commission.
(10) (9)
Retailers, processors, and others may support the
programs of the commission by paying an annual fee of $100.00.
(11) (10)
The commission may accept gifts and grants.
(12) (11)
The commission shall maintain accurate books,
records, and accounts of its transactions, which books, records,
and accounts shall be open to inspection by the public and shall be
subject to audit by the auditor general or a certified public
accountant. A document prepared, owned, used, in the possession of,
or retained by the commission in the performance of an official
function shall be made available to the public in compliance with
the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246,
except as otherwise provided in section 4a.
(13) (12)
The commission may borrow money in anticipation of
the receipt of assessments if all of the following conditions are
met:
(a) The loan will not be requested or authorized, or will not
mature, within 90 days before a resubmittal or termination
referendum regarding an assessment under this act.
(b) The amount of the loan does not exceed 50% of the annual
average assessment revenue during the previous 3 years.
(c) The loan repayment period does not exceed the time period
during which the assessment is made or the time period during which
the assessment can reasonably be expected to be imposed.
(d) The loan has the prior written consent of the director.
The director may request an audit of the commission by the auditor
general before approving the loan.
(14) (13)
The director shall assess against the growers and
shippers
all outstanding loans approved under subsection (12)
(13), including interest, if the assessment is terminated.
(15) (14)
A financial report shall be prepared annually and
made available upon request.