House Introduced Bill 5967

HOUSE BILL No. 5967

September 27, 2000, Introduced by Rep. Julian and referred to the Committee on Agriculture and Resource Management.

A bill to amend 1965 PA 114, entitled

"An act relating to dry, edible beans; to create a bean commis-
sion and prescribe its functions; to levy and collect assessments
on bean production; and to provide penalties for violation of
this act,"

by amending sections 1, 2, 3, 4, 10, 12, 14, and 17 (MCL 290.551,

290.552, 290.553, 290.554, 290.560, 290.562, 290.564, and

290.567), sections 1, 14, and 17 as amended by 1980 PA 493 and

sections 2 and 3 as amended by 1989 PA 144.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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Sec. 1. As used in this act:

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(a) "Beans" means Michigan dry, edible beans, except

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soybeans.

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(b) "Commission" means the Michigan bean commission.

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(c) "Director" means the director of the department of

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agriculture.

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(d) "Grower" means any business unit, including a family

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operation, sole proprietorship, partnership, corporation, com-

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pany, association, trust, or other business organization engaged

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in the business of producing beans for sale within 1 OF the past

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2 3 years.

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(e) "Processor" means a person who cleans and grades, dries,

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dehydrates, cans, powders, extracts, cooks, or uses in producing

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or manufacturing a product or article, ships, or otherwise han-

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dles beans, including seed.

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(f) "Sold or shipped for processing" means that beans are

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loaded by the grower, in bulk or loose in bags or other contain-

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ers, or packed in any style package, in a car, boat, truck,

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wagon, or other conveyance to be transported to a processor.

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Sec. 2. (1) For the purposes of this act, the state is

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divided into 8 districts:

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(a) District 1 consists of the counties of Arenac, Bay,

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Mecosta, and Midland PLUS ALL COUNTIES NORTH OF MIDLAND COUNTY

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THAT ARE NOT OTHERWISE DESIGNATED IN A DISTRICT.

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(b) District 2 consists of the county of Gratiot.

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(c) District 3 consists of the county of Saginaw.

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(C) (d) District 4 3 consists of the county of
Tuscola.

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(D) (e) District 5 4 consists of the counties of

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Genesee, Lapeer, Macomb, St. Clair, and Sanilac.

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(E) (f) District 6 5 consists of the EASTERN HALF
OF THE

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county of Huron USING HIGHWAY 53 AS THE WESTERN BOUNDARY.

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(F) DISTRICT 6 CONSISTS OF THE WESTERN HALF OF THE COUNTY OF

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HURON USING HIGHWAY 53 AS THE EASTERN BOUNDARY.

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(g) District 7 consists of the counties of MONTCALM, KENT,

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ISABELLA, MECOSTA, Eaton, Ingham, Clinton, and Shiawassee PLUS

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ALL COUNTIES WEST AND SOUTH OF THIS DISTRICT NOT OTHERWISE DESIG-

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NATED IN A DISTRICT.

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(h) District 8 consists of the counties of Montcalm, Kent,

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Isabella, and Ionia as well as all counties north of these coun-

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ties that are not otherwise assigned to a district COUNTY OF

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SAGINAW.

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(2) Any area not represented in the districts described in

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subsection (1) may vote in the nearest adjacent county.

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Sec. 3. (1) The Michigan bean commission of 11 9 voting

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members is created, consisting of a grower from each district

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and 3 processors, except as provided in subsection (5) CREATED

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UNDER SECTION 2 AND 1 PROCESSOR SHIPPER HANDLER MEMBER UNDER SEC-

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TION 4(2). Two processor members shall be shipper handlers and

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1 processor member shall be a major canner of beans. The direc-

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tor and the dean of the college of agriculture of Michigan state

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university, OR THEIR DESIGNEES, are ex officio members without

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vote. An appointed member shall be of legal voting age in this

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state and , except the processor canner, shall be a citizen and

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resident of this state. who is and has COMMISSION MEMBERS,

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EXCEPT FOR THE PROCESSOR MEMBER, SHALL BE OR SHALL HAVE been

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engaged in the actual growing , OR producing , or processing

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of beans within the state. for a period of at least 5 years

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immediately preceding his or her appointment.

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(2) The terms of office of members of the commission shall

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be 3 years after the date of appointment or until their

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successors are appointed and qualified. The first appointments,

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however, shall be made as follows: 2 grower members and 1 pro-

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cessor member shall be appointed for a term of 1 year; 2 grower

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members and 1 processor member shall be appointed for a term of 2

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years; and, 2 grower members and 1 processor member shall be

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appointed for a term of 3 years. A person shall not serve more

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than 2 full terms in succession.

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(3) The initial appointments of members from districts 7

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and 8 shall be made in the manner described in section 4(2). The

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term of office of the member appointed from district 7 shall be 2

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years, and the term of office of the member appointed from dis-

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trict 8 shall be 3 years.

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(3) (4) Not less than 5 years after the effective date of

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the 1989 amendatory act that added this subsection JUNE 29, 1989

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and every 5 calendar years after that date, the commission may,

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with the advice and consent of the director and the commission of

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agriculture, reapportion the districts described in section 2.

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Reapportionment of the districts shall be on the basis of 1 or

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more counties with the amount of planted dry bean acreage being

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as nearly equal as possible between districts EXCEPT THAT IF 1

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COUNTY CONSTITUTES GREATER THAN 20% OF THE TOTAL BEAN PRODUCTION

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WITHIN THE STATE, THEN THAT COUNTY MAY BE DIVIDED INTO 2 OR MORE

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RELATIVELY EQUAL DISTRICTS.

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(4) (5) After the reapportionment described in subsection

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(4) (3), if the residence of a member of the commission falls

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outside of the district for which he or she serves on the

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commission and falls within the district for which another member

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serves on the commission, then both members shall continue to

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serve on the commission for a term equal to the remaining term of

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the member who served for the longest period of time. If after

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the reapportionment described in subsection (4) (3) a district

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is created in which no member serving on the commission resides,

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then a member shall be selected in a manner described in

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section 4(2).

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Sec. 4. (1) The governor shall appoint the first members of

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the commission within 30 days after this act takes effect with

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the advice and consent of the senate and without use of the nomi-

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nating procedures provided in this section. The governor shall

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appoint subsequent members only from the lists of nominees sub-

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mitted to him OR HER and subject to the advice and consent of the

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senate. If a list is not submitted to the governor at least 30

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days before the term of office of a member would normally expire,

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or within 30 days after a vacancy otherwise occurs, the governor

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may appoint any person who is otherwise qualified under this

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act.

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(2) A meeting of growers shall be held in each district in

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each year when a vacancy occurs. The commission shall give

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notice of each meeting by at least 2 insertions in a farm publi-

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cation of general circulation in the district where the meeting

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is to be held, with the final insertion to be at least 10 days

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before the meeting. The commission shall supervise the conduct

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of the meeting. Two nominees for members of the commission shall

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be selected at each meeting and submitted to the governor.

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Appointments APPOINTMENT of A processor shipper handler

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members MEMBER shall be made only from any list submitted to

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the governor by a state bean processor shipper handler

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organization THE COMMISSION with 2 names submitted for each

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position to be filled THE APPOINTMENT OF THAT MEMBER.

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Appointment of the processor canner member shall be made from

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any list of 2 nominees submitted to the governor by an organiza-

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tion of canners of beans.

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(3) A member of the commission who fails to meet the quali-

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fications of this act shall cease to be a member of the

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commission. This vacancy or a vacancy for another reason shall

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be filled by the governor for the unexpired term in the same

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manner as the original appointment.

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Sec. 10. (1) The commission shall perform the following:

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(a) Adopt, amend, or rescind rules, pursuant to Act No. 306

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of the Public Acts of 1969, as amended, being sections 24.201 to

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24.315 of the Michigan Compiled Laws THE ADMINISTRATIVE PROCE-

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DURES ACT OF 1969, 1969 PA 306, MCL 24.201 TO 24.328, for the

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exercise of its powers and performance of its duties.

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(b) Administer this act and investigate violations of this

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act, and perform all acts and exercise all powers reasonably nec-

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essary to implement this act.

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(c) Employ and discharge employees as it considers neces-

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sary, prescribe their powers and duties, and fix their

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compensation.

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(d) Establish offices, incur expenses, enter into contracts

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and agreements, and create liabilities, when reasonable, for the

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proper administration and enforcement of this act.

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(e) Enter into in the name of the commission necessary

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advertising contracts and other agreements and cooperate with and

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support national and state associations of bean growers or pro-

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cessors in implementing this act.

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(f) Keep accurate books, records, and accounts of all com-

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mission dealings, which shall be open to inspection by the

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public, and shall be audited by the auditor general or by a cer-

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tified public accountant. A writing prepared, owned, used, in

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the possession of, or retained by the commission in the per-

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formance of an official function shall be made available to the

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public in compliance with Act No. 442 of the Public Acts of

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1976, being sections 15.231 to 15.246 of the Michigan Compiled

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Laws THE FREEDOM OF INFORMATION ACT, 1976 PA 442, MCL 15.231 TO

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15.246.

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(g) Promote research on bean varieties and agronomic

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practices.

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(h) Promote scientific research to develop and discover the

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health, food, therapeutic, NUTRITIONAL, and dietetic value of

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beans and bean products.

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(i) Carry out market development, market research, and pro-

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motional programs.

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(j) Compile and publish commodity information.

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(2) The commission shall not be a party to a procedure

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which includes price setting or production quotas. The commis-

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sion shall not engage in marketing or an activity which would

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result in the setting up of a marketing order.

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Sec. 12. (1) A grower assessment of 5 10 cents per

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hundredweight, when sold or shipped, is levied and imposed upon

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all beans grown and produced in this state in the year 1977

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2000, and annually thereafter. The grower or certified seed

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grower shall pay the assessment.

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(2) The first receiver who purchases or receives beans from

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growers shall deduct the assessment from the price paid and remit

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it to the commission on or before the fifteenth of the following

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month.

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(3) The commission may set a reasonable fee for the collect-

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ing of assessments from growers. Moneys

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(4) MONEY levied and collected under this act shall be spent

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for purposes authorized by this act.

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Sec. 14. (1) Whenever 1,200 800 of the growers, of which

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not more than 400 200 are in the same district, petition the

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commission, the commission shall conduct a referendum among the

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growers of the state to determine the rate of supplemental

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assessment for special projects. This

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(2) THE supplemental assessment PROVIDED FOR IN SUBSECTION

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(1) shall be collected and remitted to the commission in the same

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manner as provided in section 12. The referendum shall be con-

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ducted in a manner to protect the purity of the ballot.

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(3) If a majority of the growers voting upon the question

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vote in favor of the proposed change, the assessment shall be

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ineffective in the year in which it is voted unless the change is

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published before June 1 of that year.

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(4) The total rate of supplemental assessment shall not

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exceed 25 cents per hundredweight.

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Sec. 17. (1) Five years after the latest referendum held

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under this section, the department of agriculture shall conduct a

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referendum at which growers shall vote whether or not the commis-

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sion shall continue to levy the assessments and otherwise carry

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out this act. If a majority of the growers voting who represent

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a majority of the hundredweight sold in ANY 1 OF the previous

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year 3 YEARS of those voting, vote against having the commis-

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sion continue to function, the commission shall cease its opera-

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tions and deliver its assets to the director who shall transfer

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the assets to Michigan state university for bean research. A

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grower shall be IS entitled to 1 vote and the grower must be

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able to verify the hundredweight claimed as being sold AS

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INDICATED on the ballot.

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(2) Upon written petition signed by at least 1,200 200

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growers but with not more than 400 100 of them from any 1

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district, the director shall, within 30 days, give 10 days'

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notice and hold a hearing on termination of the commission.

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Within 30 45 days after the close of the hearings, the director

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shall conduct a referendum to determine whether the growers

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assent to the proposed action. The commission is terminated if a

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majority by number of those voting, representing a majority of

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the hundredweight sold in ANY 1 OF the previous year 3 YEARS of

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those voting, vote against its continuation. The commission

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shall then cease its operations and deliver its assets to the

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director who shall transfer the assets to Michigan state

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university for bean research. A referendum described in this

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subsection shall not be conducted within 1 year before or after

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any other referendum. A grower shall be IS entitled to 1 vote

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and the grower must be able to verify the hundredweight claimed

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as being sold AS INDICATED on the ballot.

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(3) Not less than 30 days before the referendum required by

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subsection (1), the department of agriculture shall submit FOR

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REVIEW the ballot to be used in conducting the referendum to the

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SENATE'S AND THE house of representatives committee on agricul-

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ture and the senate committee on environmental and agricultural

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affairs for review REPRESENTATIVE'S STANDING COMMITTEES DEALING

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PRIMARILY WITH AGRICULTURAL ISSUES.

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