SB-1396, As Passed Senate, November 10, 2010

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 1396

 

 

 

 

 

 

 

 

 

 

 

 

 

      A bill to amend 1939 PA 141, entitled

 

"Grain dealers act,"

 

by amending section 8 (MCL 285.68), as amended by 2002 PA 80.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 8. (1) A grain dealer shall pay a license fee to the

 

 2  department with an application for a license or renewal of a

 

 3  license. The license fee is the sum of all of the following that

 

 4  apply to the grain dealer:

 

 

5

     (a)

For each receiving point of the grain dealer that

6

 

has total bushel capacity of:

7

     (i)

100,000 or less............................   $150.00

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     (ii)

More than 100,000 and 200,000 or less......   $225.00

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     (iii)

More than 200,000 and 300,000 or less......   $300.00

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     (iv)

More than 300,000 and 400,000 or less......   $375.00


1

     (v)

More than 400,000..........................   $450.00

2

     (b)

For vehicles owned by a farm produce trucker:

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     (i)

For 1 vehicle..............................   $200.00

4

     (ii)

For each additional vehicle................   $100.00

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     (c)

For a grain merchandiser's license.........   $450.00

 

 

 6        (2) The grain dealer's fees fund is created in the state

 

 7  treasury. The department shall deposit license fees and

 

 8  administrative fines received under this act in the grain

 

 9  dealer's fees fund, to be used pursuant to legislative

 

10  appropriation by the director in carrying out those duties

 

11  required by law. After the payment of the amounts appropriated by

 

12  the legislature for the necessary expenses incurred in the

 

13  administration of this act, the money remaining in the grain

 

14  dealer's fees fund shall not revert or be credited to the general

 

15  fund at the close of the fiscal year but shall remain in the

 

16  grain dealer's fees fund. The department shall be the

 

17  administrator of the fund for audit purposes.

 

18        (3) A license fee determined pursuant to subsection (1) is

 

19  the fee for a 1-year license. If the department has issued a

 

20  license for a period of longer than 1 year under section 4(3),

 

21  4(4), it shall require a license fee increased on a proportionate

 

22  basis to reflect the longer term of the license.

 

23        (4) Every 3 years, year, the department may adjust the fee

 

24  schedule in subsection (1) by an amount determined by the state

 

25  treasurer to reflect the cumulative annual percentage change in

 

26  the Detroit consumer price index over the 3-year 1-year period.

 

27  An adjustment under this subsection shall not exceed 5% even if


 

 1  the amount determined by the state treasurer to reflect the

 

 2  cumulative annual percentage change over the 3-year 1-year period

 

 3  is more than 5%. A fee adjusted under this subsection shall be

 

 4  rounded to the nearest whole dollar $5.00 increment. As used in

 

 5  this subsection, "Detroit consumer price index" means the most

 

 6  comprehensive index of consumer prices available for the Detroit

 

 7  area from the bureau of labor statistics of the United States

 

 8  department of labor.

 

 9        (5) Notwithstanding section 27(1), grain dealers that file

 

10  an audited financial statement that complies with section 9 and

 

11  that reports a current asset to current liability ratio of 1.2 to

 

12  1 and an equity ratio (equity/(total liability + equity)) of 0.25

 

13  or greater are not required to have a bond as required by section

 

14  27(1).