SENATE BILL NO. 1210

A bill to amend 1965 PA 232, entitled

"Agricultural commodities marketing act,"

by amending section 9 (MCL 290.659), as amended by 2002 PA 601.

the people of the state of michigan enact:

Sec. 9. (1) Money remaining from the assessments collected under a marketing program may be refunded at the close of any marketing season upon on a pro rata basis to all persons from whom assessments were collected. If the committee finds that the money may be necessary to defray the cost of operating a marketing program in succeeding marketing seasons, subject to subsection (3), all or any portion of the money may be carried over into succeeding seasons.

(2) Upon On termination of any a marketing program, all money remaining and not required to defray the expenses of operating the marketing program shall must be refunded on a pro rata basis to persons from whom assessments were collected. If the committee finds that the refundable amount is so small as to make impracticable the computation and refunding of the money, it may be used to defray the expenses incurred by the department in the formulation, adoption, administration, or enforcement of any subsequent marketing program for the commodity or for agricultural research for that commodity. In the case of money earned from royalties, license fees, or other assets that may be collected or received after termination of a marketing program, that money shall must be allocated to any an institution of higher education engaged in agricultural or nutritional research, as determined by the director.

(3) Money from the assessments collected under a marketing program must not be held for more than 10 years after the date of the receipt of the money. After 10 years, the money must be refunded on a pro rata basis to all persons from whom the assessments were collected. A marketing program that is in violation of this subsection on the effective date of the amendatory act that added this subsection has 2 years after the effective date of the amendatory act that added this subsection to refund the money on a pro rata basis to all persons from whom assessments were collected.