September 13, 2017, Introduced by Reps. Canfield, Lucido, Barrett, Victory, Sheppard, Alexander and Roberts and referred to the Committee on Agriculture.
A bill to amend 1965 PA 114, entitled
"An act relating to dry, edible beans; to create a bean commission
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, and 4 (MCL 290.551, 290.552, 290.553,
and 290.554), as amended by 2000 PA 484.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Beans" means Michigan dry, edible beans, except soybeans.
(b) "Commission" means the Michigan bean commission.
(c) "Director" means the director of the department of
agriculture and rural development.
(d) "Grower" means any business unit, including a family
operation, sole proprietorship, partnership, corporation, company,
association, trust, or other business organization engaged in the
business of producing beans for sale within 1 of the past 3 years.
(e)
"Processor" means a person who that cleans and grades,
dries, dehydrates, cans, powders, extracts, cooks, or uses in
producing or manufacturing a product or article, ships, or
otherwise handles beans, including seed.
(f) "Selection members" means the commission members selected
and appointed for each district created under section 2 and the
processor shipper handler member selected and appointed under
section 4(2).
(g) (f)
"Sold or shipped for
processing" means that beans are
loaded by the grower, in bulk or loose in bags or other containers,
or packed in any style package, in a car, boat, truck, wagon, or
other conveyance to be transported to a processor.
Sec. 2. For the purposes of this act, the state is divided
into
8 7 districts:
(a) District 1 consists of the counties of Arenac, Bay, and
Midland
plus all counties north of Midland county County that are
not otherwise designated in a district.
(b)
District 2 consists of the county counties of Gratiot and
Saginaw.
(c) District 3 consists of the county of Tuscola.
(d) District 4 consists of the counties of Genesee, Lapeer,
Macomb, St. Clair, and Sanilac.
(e) District 5 consists of the eastern half of the county of
Huron using highway 53 as the western boundary.
(f) District 6 consists of the western half of the county of
Huron using highway 53 as the eastern boundary.
(g) District 7 consists of the counties of Montcalm, Kent,
Isabella, Mecosta, Eaton, Ingham, Clinton, and Shiawassee plus all
counties west and south of this district not otherwise designated
in a district.
(h)
District 8 consists of the county of Saginaw.
Sec. 3. (1) The Michigan bean commission of 9 voting members
is created, consisting of a grower from each district created under
section 2, 1 member at large, and 1 processor shipper handler
member under section 4(2). The director and the dean of the college
of
agriculture and natural resources of Michigan state university,
State University, or their designees, are ex officio members
without
vote. An appointed member shall must
be of legal voting age
in
this state, and shall must be a citizen and
resident of this
state.
Commission members, except for the processor member, shall
must
be or shall must have
been engaged in the actual growing or
producing of beans within the state.
(2)
The terms of office of members of the commission shall be
are 3 years after the date of appointment or until their successors
are appointed and qualified.
(3) Not less than 5 years after June 29, 1989 and every 5
calendar years after that date, the commission may, with the advice
and consent of the director and the commission of agriculture and
rural development, reapportion the districts described in section
2.
Reapportionment of the districts shall must be on the basis of 1
or more counties with the amount of planted dry bean acreage being
as nearly equal as possible between districts except that if 1
county constitutes greater than 20% of the total bean production
within the state, then that county may be divided into 2 or more
relatively equal districts.
(4) After the reapportionment described in subsection (3), if
the residence of a member of the commission falls outside of 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. If after the reapportionment
described in subsection (3) a district is created in which no
member
serving on the commission resides, then a member shall must
be selected in a manner described in section 4(2).
Sec. 4. (1) The governor shall appoint the first members of
the
commission within 30 days after this act takes effect before
January 31, 1966 with the advice and consent of the senate and
without use of the nominating procedures provided in this section.
The
Except as provided in
subsection (4), the governor shall
appoint subsequent members only from the lists of nominees
submitted to him or her and subject to the advice and consent of
the senate. If a list is not submitted to the governor at least 30
days before the term of office of a member would normally expire,
or within 30 days after a vacancy otherwise occurs, the governor
may
appoint any person individual
who is otherwise qualified under
this act.
(2)
A Except for a vacancy for
a member at large as provided
in
subsection (4), a meeting of growers shall
must be held in each
district in each year when a vacancy occurs. The commission shall
give notice of each meeting by at least 2 insertions in a farm
publication of general circulation in the district where the
meeting is to be held, with the final insertion to be at least 10
days before the meeting. The commission shall supervise the conduct
of
the meeting. Two nominees for members of the commission shall
must be selected at each meeting and submitted to the governor.
Appointment
of a processor shipper handler member shall must be
made only from any list submitted to the governor by the commission
with 2 names submitted for the appointment of that member.
(3) A member of the commission who fails to meet the
qualifications of this act shall cease to be a member of the
commission.
This Except as provided in
subsection (4), this vacancy
or
a vacancy for another reason shall must be filled by the
governor for the unexpired term in the same manner as the original
appointment.
(4) Beginning with the commission's first annual meeting
following the effective date of the amendatory act that added this
subsection and for every member at-large vacancy that follows, the
selection members shall select and appoint the member at large at
the commission's annual meeting.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.