SENATE BILL No. 1391

 

 

August 30, 2006, Introduced by Senators BARCIA, GOSCHKA and STAMAS and referred to the Committee on Appropriations.

 

 

 

     A bill to amend 1855 PA 105, entitled

 

"An act to regulate the disposition of the surplus funds in the

state treasury; to provide for the deposit of surplus funds in

certain financial institutions; to lend surplus funds pursuant to

loan agreements secured by certain commercial, agricultural, or

industrial real and personal property; to authorize the loan of

surplus funds to certain municipalities; to authorize the

participation in certain loan programs; to authorize an

appropriation; and to prescribe the duties of certain state

agencies,"

 

by amending section 2e (MCL 21.142e), as amended by 2004 PA 342.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2e. (1) The state treasurer may loan not more than

 

$5,000,000.00 in surplus funds, without interest, to sugar beet

 

growers' cooperatives for the purpose of purchasing the assets of 1

 

or more agricultural processors if all of the following conditions

 

are met:


 

     (a) The agricultural processor employs at least 300 full-time

 

employees and 1,000 seasonal employees and is in bankruptcy

 

proceedings or was in bankruptcy proceedings at any time during the

 

1-year period preceding the date of the loan.

 

     (b) The loan amount does not exceed 10% of the total purchase

 

price of the agricultural processor's assets.

 

     (c) The loan is for a period not to exceed  5  10 years.

 

     (2) In addition to the conditions provided in subsection (1),

 

the state treasurer may prescribe additional terms of a loan issued

 

under this section.

 

     (3) In the case of a loan executed under subsection (1), the

 

state treasurer, as part of the modification of the loan, shall

 

subordinate the loan to the primary loan of the sugar beet growers'

 

cooperative and shall relinquish any enforcement powers or

 

authority that may exist under the current contract or agreement.

 

The modification shall be for not more than a $5,000,000.00 loan to

 

a sugar beet growers' cooperative for the purpose of purchasing the

 

assets of 1 or more agricultural processors that employ at least

 

300 full-time employees and 1,000 seasonal employees.

 

     (4) As used in this section, "sugar beet growers' cooperative"

 

means a farmer owned cooperative comprised of sugar beet growers

 

who own the assets of the cooperative and use the cooperative's

 

services or processing equipment.