May 10, 2007, Introduced by Senators VAN WOERKOM, GILBERT and JELINEK and referred to the Committee on Agriculture.
A bill to amend 1965 PA 232, entitled
"Agricultural commodities marketing act,"
by amending section 7 (MCL 290.657), as amended by 2002 PA 601.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7. (1) A marketing program shall provide for the
establishment of a committee to consist of an odd number of members
which shall be not less than 5 and not more than 13.
(2) The members of the committee shall be appointed by the
governor
director with the advice and consent of the senate
commission of agriculture from nominations received from the
producers and handlers or processors of the agricultural commodity
or agricultural commodity input for which the marketing program is
established. Nominating procedures, qualifications, representation,
term of office, and size of the committee shall be prescribed in
the marketing program for which the committee is appointed. Each
committee shall be composed of producers and handlers or processors
who are directly affected by the marketing program in the
proportion of representation as prescribed by the program. The term
of office of a committee member is 3 years or until such time as
his or her successor is appointed and qualified.
(3) The director or his or her representative shall serve as a
nonvoting ex officio member. Additional nonvoting ex officio
members may serve if approved for in a specific marketing program.
(4) A committee, with the advice and consent of the director
and the commission of agriculture, may reapportion either the
number of committee members or member districts, or both.
Reapportionment of the districts shall be on the basis of
production or industry representation. The reapportionment may be
commenced
30 days after the effective date of the amendatory act
that
added this subsection December
20, 2002. Reapportionment of
either members or districts shall not occur more often than twice
in any 5-year period and shall not occur within 6 months before a
referendum.
(5) After the reapportionment described in subsection (4), if
the residence of a member of the committee falls outside of the
district for which he or she serves on the committee and falls
within the district for which another member serves on the
committee, then both members shall continue to serve on the
committee for a term equal to the remaining term of the member who
served for the longest period of time. After the reapportionment
described in subsection (4), if a district is created in which no
member serving on the committee resides, then a member shall be
selected in the manner as prescribed in each program. After a
reapportionment or redistricting, a committee may temporarily have
more members than prescribed in the marketing program until the
expiration of the term of the longest serving member from that
district.
(6) A member of a committee is entitled to reimbursement for
actual expenses and a per diem payment to be set by the committee
not to exceed the commission of agriculture rate while attending
meetings of the committee or while engaged in the performance of
official responsibilities delegated by the committee.
(7) The duties and responsibilities of a committee shall be
prescribed in the order establishing the marketing program and to
the extent applicable shall include the following duties and
responsibilities:
(a) Developing procedures relating to the marketing program.
(b) Recommending amendments to the marketing program as are
considered advisable.
(c) Preparing the estimated budget required for the proper
operation of the marketing program.
(d) Developing methods for collecting and auditing the
assessments.
(e) Collecting and assembling information and data necessary
for proper administration of the marketing program.
(f) Performing other duties necessary for the operation of the
marketing program as agreed upon with the director.
(8) The business which a committee may perform shall be
conducted at a public meeting of the committee 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.
(9) Subject to section 10(b) and except as otherwise provided
in this subsection, a writing prepared, owned, used, in the
possession of, or retained by a committee 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 for information regarding penalties levied
under this act, information relating to specific assessments to a
specific person under a marketing program as well as names and
addresses of producers shall be exempt from disclosure to any other
person or committee. This subsection does not prevent the director
or the department from obtaining information necessary to confirm
compliance with this act and does not prevent the director or the
department from disclosing statistical information so long as that
disclosure does not reveal specific assessments or production
levels of any producer, handler, or processor.