reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 220 of 1982 - Michigan Family Farm Development Act (285.251 - 285.279) › Section 285.265 - Resolution Authorizing Notes or Bonds; Provisions.

285.265 Resolution authorizing notes or bonds; provisions.
Sec. 15.
A resolution authorizing notes or bonds or an issue of notes or bonds may contain provisions, which shall be a part of the contract with the holders of the notes or bonds, as to:
(a) Pledging all or any part of the fees and charges made or received by the authority, and all or any part of the money received in payment of mortgage or secured loans and interest on the loans, and other money received or to be received, to secure the payment of the notes or bonds or of any issue of the notes or bonds, and subject to the agreements with bondholders or noteholders as may then exist.
(b) Pledging all or any part of the assets of the authority, including mortgages and obligations securing mortgages, to secure the payment of the notes or bonds or of any issue of notes or bonds, subject to the agreements with noteholders or bondholders as may then exist.
(c) Pledging of any loan, grant, or contribution from the federal, state, or local government, or source in aid of such development as provided for in this act.
(d) The use and disposition of the gross income from mortgages or secured loans owned by the authority and payment of principal of mortgages or secured loans owned by the authority.
(e) The setting aside of reserves or sinking funds and the regulation and disposition of reserves or sinking funds.
(f) Limitations on the purpose to which the proceeds of sale of notes or bonds may be applied and pledging those proceeds to secure the payment of the notes or bonds or of any issue of notes or bonds.
(g) Limitations on the issuance of additional notes or bonds, the terms upon which additional notes or bonds may be issued and secured, and the refunding of outstanding or other notes or bonds.
(h) The procedure, if any, by which the terms of any contract with noteholders or bondholders may be amended or abrogated, the amount of notes or bonds of the holders of which must consent to the amendment or abrogation, and the manner in which that consent may be given.
(i) Vesting in a trustee or trustees such property, rights, powers, and duties in trust as the authority may determine, which may include any or all of the rights, powers, and duties of the trustee appointed by the bondholders pursuant to this act and limiting or abrogating the right of the bondholders to appoint a trustee under this section or limiting the rights, powers, and duties of the trustee.
(j) Any other matters, of like or different character, which affect the security or protection of the notes or bonds.
History:
1982, Act 220, Imd. Eff. July 10, 1982
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 220 of 1982 - Michigan Family Farm Development Act (285.251 - 285.279) › Section 285.266 - Pledge by Authority; Validity; Lien; Recording of Resolution or Instrument Not Required.

285.266 Pledge by authority; validity; lien; recording of resolution or instrument not required.
Sec. 16.
Any pledge made by the authority shall be valid and binding from the time when the pledge is made. The money or property so pledged and thereafter received by the authority shall immediately be subject to the lien of that pledge without any physical delivery of the lien or further act; and the lien of the pledge shall be valid and binding as against all parties having claims in tort, contract, or otherwise against the authority, irrespective of whether the parties have notice of the lien. Neither the resolution nor any other instrument by which a pledge is created need be recorded.
History:
1982, Act 220, Imd. Eff. July 10, 1982
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 220 of 1982 - Michigan Family Farm Development Act (285.251 - 285.279) › Section 285.267 - Personal Liability on Note or Bond of Authority.

285.267 Personal liability on note or bond of authority.
Sec. 17.
The members of the authority or a person who executes a note or bond shall not be liable personally on the note or bond or be subject to any personal liability or accountability by reason of the issuance of the note or bond.
History:
1982, Act 220, Imd. Eff. July 10, 1982
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 220 of 1982 - Michigan Family Farm Development Act (285.251 - 285.279) › Section 285.268 - Purchase and Cancellation of Notes or Bonds by Authority; Price.

285.268 Purchase and cancellation of notes or bonds by authority; price.
Sec. 18.
The authority, subject to the agreements with noteholders or bondholders as may then exist, shall have power out of any funds available therefor to purchase notes or bonds of the authority, which shall thereupon be canceled, at a price not exceeding (a) the redemption price then applicable plus accrued interest to the next interest payment date thereon, if the notes or bonds are then redeemable, or (b) the redemption price applicable on the first date after the purchase upon which the notes or bonds become subject to redemption plus accrued interest to that date, if the notes or bonds are not redeemable.
History:
1982, Act 220, Imd. Eff. July 10, 1982
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 220 of 1982 - Michigan Family Farm Development Act (285.251 - 285.279) › Section 285.269 - Nonliability of State on Notes or Bonds of Authority; Statement.

285.269 Nonliability of state on notes or bonds of authority; statement.
Sec. 19.
The state shall not be liable on notes or bonds of the authority and the notes and bonds shall not be a debt of the state. The notes and bonds shall contain on the face of the notes or bonds a statement to that effect.
History:
1982, Act 220, Imd. Eff. July 10, 1982
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 220 of 1982 - Michigan Family Farm Development Act (285.251 - 285.279) › Section 285.271 - General Reserve Fund.

285.271 General reserve fund.
Sec. 21.
The authority shall create and establish a special fund, referred to as a general reserve fund, and, subject to agreements with bondholders and noteholders, shall pay into the fund all fees and charges collected by the authority on loans made from and mortgages acquired with the proceeds of the sale of bonds and any money which the authority transfers from the capital reserve fund. That money and any other money paid into the general reserve fund, in the discretion of the authority but subject to agreements with bondholders and noteholders, may be used by the authority for any of the following:
(a) For the repayment of advances from the state in accordance with the provisions of repayment agreements between the authority and the director of the department of management and budget.
(b) To pay all costs, expenses, and charges of financing, including fees and expenses of trustees and paying agents.
(c) For transfers to the capital reserve fund.
(d) For the payment of the principal of and interest on bonds or notes issued by the authority when they shall become due whether at maturity or on call for redemption and for the payment of a redemption premium required to be paid if the bonds or notes are redeemed prior to their stated maturities, and to purchase bonds or notes.
(e) For other corporate purposes of the authority as the authority in its discretion shall determine and provide.
History:
1982, Act 220, Imd. Eff. July 10, 1982
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 220 of 1982 - Michigan Family Farm Development Act (285.251 - 285.279) › Section 285.272 - Pledge and Agreement of State With Holders of Notes or Bonds.

285.272 Pledge and agreement of state with holders of notes or bonds.
Sec. 22.
The state pledges and agrees with the holders of any notes or bonds issued under this act, that the state will not limit or alter the rights vested in the authority to fulfill the terms of an agreement made with the holders of the notes or bonds, or impair the rights and remedies of the holders until the notes or bonds, together with the interest on the notes or bonds, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of the holders, are fully met and discharged. The authority is authorized to include this pledge and agreement of the state in an agreement with the holders of notes or bonds.
History:
1982, Act 220, Imd. Eff. July 10, 1982
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 220 of 1982 - Michigan Family Farm Development Act (285.251 - 285.279) › Section 285.273 - Default by Authority; Appointment and Powers of Trustee; Notice by Trustee.

285.273 Default by authority; appointment and powers of trustee; notice by trustee.
Sec. 23.
(1) If the authority defaults in the payment of principal of or interest on an issue of notes or bonds after the notes or bonds become due, whether at maturity or upon call for redemption, and that default continues for a period of 30 days, or if the authority fails or refuses to comply with the provisions of this act, or defaults on an agreement made with the holders of an issue of notes or bonds, the holders of 25% in aggregate principal amount of the notes or bonds of the issue then outstanding, by instrument or instruments filed in the office of the clerk of the county of Ingham and approved or acknowledged in the same manner as a deed to be recorded, may appoint a trustee to represent the holders of those notes or bonds for the purposes provided in this section.
(2) The trustee may, and upon written request of the holders of 25% in principal amount of the notes or bonds then outstanding shall, in the trustee's own name:
(a) By civil action or administrative proceeding, enforce all rights of the noteholders or bondholders, including the right to require the authority to collect fees and charges and interest and amortization payments on mortgages or secured loans made by it adequate to carry out any agreement as to, or pledge of, such fees and charges and interest and amortization payments on mortgages or secured loans and other properties and to require the authority to carry out any other agreements with the holders of the notes or bonds and to perform its duties under this act.
(b) Bring a civil action upon the notes or bonds.
(c) By civil action, require the authority to account as if it were the trustee of an express trust for the holders of the notes or bonds.
(d) By civil action, enjoin any acts or things which may be unlawful or in violation of the rights of the holders of the notes or bonds.
(e) Declare all the notes or bonds due and payable, and if all defaults shall be made good, then, with the consent of the holders of 25% of the principal amount of the notes or bonds then outstanding, to annul that declaration and its consequences.
(3) The trustee, in addition to the powers granted in subsection (2), shall have and possess all of the powers necessary or appropriate for the exercise of a function specifically provided in this section or incident to the general representation of bondholders or noteholders in the enforcement and protection of their rights.
(4) Before declaring the principal of notes or bonds due and payable pursuant to this section, the trustee shall first give 30 days' notice in writing to the governor, to the authority, and to the attorney general of this state.
History:
1982, Act 220, Imd. Eff. July 10, 1982
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 220 of 1982 - Michigan Family Farm Development Act (285.251 - 285.279) › Section 285.274 - Depositing Money of Authority in Bank or Savings and Loan Association; Security; Contracting With Holders of Notes or Bonds for Certain Purposes; System of Accounts; Operating Expenditures; Audit.

285.274 Depositing money of authority in bank or savings and loan association; security; contracting with holders of notes or bonds for certain purposes; system of accounts; operating expenditures; audit.
Sec. 24.
(1) All money of the authority shall be held by the authority and deposited in a state bank, national bank, or a state or federally chartered savings and loan association approved by the state treasurer. All deposits of money that are not fully insured by an agency of the United States shall, if required by the state treasurer or the authority, be secured by obligations of the United States, an agency of the United States, or obligations of this state or a local unit of government in this state, of a market value equal to the uninsured amount of the deposit. A state bank, national bank, or a state or federally chartered savings and loan association may give security for the deposits.
(2) The authority may, subject to the approval of the state treasurer, contract with the holders of any of its notes or bonds as to the custody, collection, securing, investment, and payment of money of the authority, of any money held in trust or otherwise for the payment of notes or bonds, and to carry out the contract. Money held in trust or otherwise for the payment of notes or bonds or to secure notes or bonds and deposits of money may be secured in the same manner as money of the authority, and all banks and trust companies may give security for the deposits.
(3) Subject to agreements with noteholders and bondholders, the authority shall prescribe a system of accounts.
(4) The authority may spend for operating purposes those funds appropriated to it annually by the legislature for operating purposes or as otherwise authorized. The authority is subject to audit by the auditor general or an independent public accounting firm appointed by the auditor general.
History:
1982, Act 220, Imd. Eff. July 10, 1982 ;-- Am. 1992, Act 56, Imd. Eff. May 20, 1992
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 220 of 1982 - Michigan Family Farm Development Act (285.251 - 285.279) › Section 285.275 - Notes and Bonds of Authority as Securities; Investment.

285.275 Notes and bonds of authority as securities; investment.
Sec. 25.
The notes and bonds of the authority are securities in which all public officers and bodies of the state and all local units of government, all insurance companies and associations, and other persons carrying on an insurance business, all banks, trust companies, savings banks and savings associations, savings and loan associations, investment companies, all administrators, guardians, executors, trustees, and other fiduciaries, and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state, may properly and legally invest funds, including capital, in their control or belonging to them.
History:
1982, Act 220, Imd. Eff. July 10, 1982
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 220 of 1982 - Michigan Family Farm Development Act (285.251 - 285.279) › Section 285.276 - Recommending Issuance of Faith and Credit Bonds to Legislature.

285.276 Recommending issuance of faith and credit bonds to legislature.
Sec. 26.
The authority from time to time at its discretion may recommend an issuance of faith and credit bonds to the legislature for a vote of the people.
History:
1982, Act 220, Imd. Eff. July 10, 1982
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 220 of 1982 - Michigan Family Farm Development Act (285.251 - 285.279) › Section 285.277 - Tax Exemptions.

285.277 Tax exemptions.
Sec. 27.
The property of the authority and its income and operation shall be exempt from all taxation by the state or any of its political subdivisions and all bonds and notes of the authority shall be exempt from all taxation by the state or any of its political subdivisions.
History:
1982, Act 220, Imd. Eff. July 10, 1982
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 220 of 1982 - Michigan Family Farm Development Act (285.251 - 285.279) › Section 285.278 - Covenant by State With Purchasers, Holders, and Transferees of Notes and Bonds Concerning Tax Exemptions.

285.278 Covenant by state with purchasers, holders, and transferees of notes and bonds concerning tax exemptions.
Sec. 28.
The state covenants with the purchasers and all subsequent holders and transferees of notes and bonds issued by the authority, in consideration of the acceptance of and payment for the notes and bonds, that the notes and bonds of the authority issued pursuant to this act and the income from notes and bonds and all its fees, charges, gifts, grants, revenues, receipts, and other money received or to be received, pledged to pay or secure the payment of the notes or bonds shall be free and exempt from all state, city, county, or other taxation provided by the laws of the state, except for estate and gift taxes and taxes on transfers.
History:
1982, Act 220, Imd. Eff. July 10, 1982
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 322 of 2000 - Julian-Stille Value-Added Act (285.301 - 285.304) › Section 285.301 - Short Title.

285.301 Short title.
Sec. 1.
This act shall be known and may be cited as the "Julian-Stille value-added act".
History:
2000, Act 322, Imd. Eff. Oct. 26, 2000
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 322 of 2000 - Julian-Stille Value-Added Act (285.301 - 285.304) › Section 285.302a - Agricultural Development Fund; Creation as Revolving Fund; Administration; Investment; Lapse; Money Appropriated From 21st Century Jobs Trust Fund; Manner of Investment.

285.302a Agricultural development fund; creation as revolving fund; administration; investment; lapse; money appropriated from 21st century jobs trust fund; manner of investment.
Sec. 2a.
(1) The agricultural development fund is created as a revolving fund within the department of treasury to be administered by the department. The state treasurer shall direct the investment of the fund. Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund. The department may utilize up to 4% of the fund for administrative purposes. The state treasurer shall credit to the fund money from the following sources:
(a) Appropriations.
(b) Money or other assets from any source for deposit into the fund, including federal money, other state revenues, gifts, bequests, or donations, as well as money from any other source provided by law.
(c) Any money representing loan repayments and interest on the loans.
(2) Of the money appropriated under 2006 PA 153 from the 21st century jobs trust fund, not more than 10% shall be used for grants and the remaining shall be used for loans and loan guarantees. The maximum grant from the fund shall not exceed $250,000.00. The maximum low-interest loan supported by the fund shall not exceed $500,000.00.
(3) Upon request from the commission of agriculture, the state treasurer shall invest the money in the agricultural development fund in a manner similar to the qualified agricultural loan program established in section 2a of 1855 PA 105, MCL 21.142a, as provided in section 2.
History:
Add. 2006, Act 424, Imd. Eff. Sept. 29, 2006
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 322 of 2000 - Julian-Stille Value-Added Act (285.301 - 285.304) › Section 285.302b - Repealed. 2006, Act 422, Eff. Sept. 29, 2008

285.302b Repealed. 2006, Act 422, Eff. Sept. 29, 2008
Compiler's Notes:
The repealed section pertained to agricultural value-added commercialization roundtable.
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 322 of 2000 - Julian-Stille Value-Added Act (285.301 - 285.304) › Section 285.303 - “Department” and “Fund” Defined; Michigan Clean Air Fund; Creation; Administration; Grants and Loans; Rules.

285.303 “Department” and “fund” defined; Michigan clean air fund; creation; administration; grants and loans; rules.
Sec. 3.
(1) As used in this section:
(a) "Department" means the department of environmental quality.
(b) "Fund" means the Michigan clean air fund created in this section.
(2) The Michigan clean air fund is created within the department of treasury to be administered by the department. Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund. The state treasurer shall credit to the fund the money from any source provided by law.
(3) Money in the fund shall be used by the department to provide grants and loans to individuals, private or public corporations, and local units of government for programs or projects established to reduce oxides of nitrogen and volatile organic compounds and for the administration of the grant and loan program.
(4) The director of the department shall have final approval of grants and loans made under this section. Grants and loans made under this section are contingent upon the availability of money in the fund.
(5) The director of the department may impose fiduciary obligations upon a recipient of a grant, including performance bonding, and may impose conditions upon the receipt and expenditure of the grant money.
(6) An application for a grant or loan from the fund shall be made on a form or in a format prescribed by the department. The department may require the applicant to provide any information reasonably necessary to allow the department to make a determination required under this section.
(7) The department shall promulgate rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to implement this section.
History:
2000, Act 322, Imd. Eff. Oct. 26, 2000 ;-- Am. 2013, Act 163, Imd. Eff. Nov. 12, 2013
Compiler's Notes:
Enacting section 2 of Act 163 of 2013 provides:"Enacting section 2. All money in the Michigan clean air fund on the effective date of this amendatory act is appropriated and transferred to the Michigan public service commission for distribution to utilities in the amounts contributed by the utilities to the Michigan clean air fund. Money received by the Michigan public service commission and distributed to utilities under this enacting section shall be refunded to customers through the reconciliation process provided in sections 6h and 6j of 1939 PA 3, MCL 460.6h and 460.6j."
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 322 of 2000 - Julian-Stille Value-Added Act (285.301 - 285.304) › Section 285.304 - Repealed. 2013, Act 163, Imd. Eff. Nov. 12, 2013.

285.304 Repealed. 2013, Act 163, Imd. Eff. Nov. 12, 2013.
Compiler's Notes:
The repealed section pertained to administration and establishment of uncollectibles allowace recovery fund.
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 198 of 2003 - Farm Produce Insurance Act (285.311 - 285.331) › Section 285.311 - Short Title.

285.311 Short title.
Sec. 1.
This act shall be known and may be cited as the "farm produce insurance act".
History:
2003, Act 198, Imd. Eff. Nov. 10, 2003
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 198 of 2003 - Farm Produce Insurance Act (285.311 - 285.331) › Section 285.315 - Farm Produce Insurance Authority; Creation; Powers, Duties, and Functions.

285.315 Farm produce insurance authority; creation; powers, duties, and functions.
Sec. 5.
The farm produce insurance authority is created as a public body corporate and politic. The authority is within, but not a part of, the department. The authority shall exercise its prescribed statutory powers, duties, and functions independently of the director, the department, and the commission of agriculture. The budgeting, procurement, and related functions of the authority shall be performed under the direction and supervision of the board.
History:
2003, Act 198, Imd. Eff. Nov. 10, 2003
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 198 of 2003 - Farm Produce Insurance Act (285.311 - 285.331) › Section 285.318 - Conduct of Business at Public Meetings; Public Notice; Disclosure of Information.

285.318 Conduct of business at public meetings; public notice; disclosure of information.
Sec. 8.
(1) The board shall conduct its business at public meetings held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275, and shall give public notice of a time, date, and place of any meeting in the manner required by that act.
(2) Subject to section 7(12), any information submitted to the board by any person that is not related to the amount of a claim is confidential and is not subject to the disclosure requirements of the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, except that disclosure of that information may be made in any of the following circumstances:
(a) With the written consent of the person that submitted the information.
(b) Pursuant to a court proceeding.
(c) The disclosure is made to the director or an agent or employee of the department.
(d) The disclosure is made to an agent or employee of a state or the federal government authorized by law to see or review the information.
(e) The information is disclosed in the form of an information summary or profile, or as part of a statistical study that includes data on more than 1 person, that does not identify the person to whom any specific information applies.
(f) The information sought relates solely to the amount of 1 or more claims paid from the fund.
History:
2003, Act 198, Imd. Eff. Nov. 10, 2003 ;-- Am. 2012, Act 149, Imd. Eff. May 30, 2012
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 198 of 2003 - Farm Produce Insurance Act (285.311 - 285.331) › Section 285.320 - Administrative Premium.

285.320 Administrative premium.
Sec. 10.
(1) Except as otherwise provided in this section, each producer shall pay to the authority an administrative premium in an amount determined by the board under subsection (2). When the farm produce is sold to a licensee, the licensee shall deduct the administrative premium from the proceeds of sale and pay the premium to the authority on behalf of the producer as provided in subsection (4).
(2) For any calendar year beginning in 2013, the board may establish an administrative premium described in subsection (1). All of the following apply to the amount of an administrative premium established by the board for a calendar year.
(a) The amount of a producer's premium shall be calculated as a percentage of the net proceeds from all farm produce sold by the producer to a licensee in this state.
(b) The amount of the premium shall reflect the board's determination of the amount of money that is necessary to reimburse the director for producer security activities.
(c) The board shall consider past and projected costs over a 2-year period in establishing the amount of the premium.
(3) An administrative premium imposed under this section is in addition to any other fees or assessments required by law.
(4) When purchasing farm produce from a producer, a licensee or its agent or representative shall deduct the administrative premium described in subsection (1) from the proceeds of sale and notify the producer of the amount of the deduction in writing. The licensee shall forward the administrative premium to the authority for deposit into the fund on behalf of the producer within 30 days of the close of each calendar quarter.
(5) If the board establishes, adjusts, or eliminates an administrative premium under subsection (2) for a calendar year, the board shall notify the department in writing of that action at least 120 days before January 1 of that calendar year, and the department by first-class mail shall notify each licensee of the requirements of subsection (4) at least 90 days before January 1 of that calendar year.
(6) A licensee shall clearly indicate in its books and records the individual administrative premiums collected by the licensee under subsection (4) and retain those books and records for at least 3 years. A licensee shall make the portion of the books and records of the licensee reflecting the administrative premiums collected available for inspection by the director during regular business hours. The department shall take steps reasonably necessary to verify the accuracy of the portion of the licensee's books and records that reflect the administrative premiums collected.
History:
Add. 2012, Act 149, Imd. Eff. May 30, 2012
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 198 of 2003 - Farm Produce Insurance Act (285.311 - 285.331) › Section 285.323 - Administrative Premium or Producer Premium; Refund.

285.323 Administrative premium or producer premium; refund.
Sec. 13.
(1) Subject to subsection (7), a producer that has paid, either directly or collected by a licensee, an administrative premium or producer premium may receive a refund of that administrative premium or producer premium from the fund by submitting a written demand for refund to the board, delivered personally or by first-class mail within 12 months after the producer paid the administrative premium or producer premium, or within a longer period granted by the board if it determines that good cause for an extension exists.
(2) A producer shall submit a demand for refund of an administrative premium or producer premium under subsection (1) on a demand for refund form developed by the board. The board shall make the form available to a licensee, producer, or member of the public upon request.
(3) If a producer is entitled to a refund of an administrative premium or producer premium under this section, the board shall pay the refund within 60 days of its receipt of the demand for refund.
(4) If administrative premiums or producer premiums were assessed in the immediately preceding calendar year, the board shall by January 31 send a notice to each producer who requested a refund of an administrative premium or producer premium in any previous calendar year. The notice must inform the producer of the deadline for and method of submitting a demand for refund to the board under subsections (1) and (2) and the method for reentering the program under subsection (5).
(5) A producer that receives a refund of an administrative premium or producer premium under subsection (1) is not entitled to participation in the program or to receive any payment under this act unless it reenters the farm produce insurance program by meeting all of the following conditions:
(a) The producer submits a request for reentry into the farm produce insurance program to the board. The producer shall submit the request in the form required by the board and shall deliver the request to the board by hand or by certified mail, return receipt requested.
(b) The board reviews the producer's request for reentry and approves the request.
(c) The producer pays into the fund all previous administrative premiums and producer premiums refunded to the producer, and interest on the refunds as determined by the board.
(6) A producer that reenters the farm produce insurance program under subsection (5) is eligible for reimbursement of claims under the program for any failure that occurs at least 90 days after reentry.
(7) A producer is not eligible for a refund of an administrative premium or producer premium under this section if the producer has received reimbursement from the fund for a valid claim within the preceding 36 months.
History:
2003, Act 198, Imd. Eff. Nov. 10, 2003 ;-- Am. 2008, Act 140, Imd. Eff. May 28, 2008 ;-- Am. 2012, Act 149, Imd. Eff. May 30, 2012
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 198 of 2003 - Farm Produce Insurance Act (285.311 - 285.331) › Section 285.327 - Use of Money; Severability; Audit.

285.327 Use of money; severability; audit.
Sec. 17.
(1) The board shall use money in the fund only for a purpose described in section 9(1). This section is not severable from the whole of this act, and if any portion of this section is held invalid, it is the manifest intent of the legislature that this act as a whole shall be held invalid and the money remaining in the fund distributed to producers at the time and in the amounts established by the board.
(2) At least annually, a certified public accountant selected by the board shall audit the financial records of the fund. Within 30 days after completion of the audit, the certified public accountant shall give copies of the audit to the director and the other members of the board. The board shall publish an activity and financial report annually and make it available to the public on request.
History:
2003, Act 198, Imd. Eff. Nov. 10, 2003 ;-- Am. 2010, Act 300, Imd. Eff. Dec. 16, 2010
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 198 of 2003 - Farm Produce Insurance Act (285.311 - 285.331) › Section 285.329 - Action by Director or Department; Defenses.

285.329 Action by director or department; defenses.
Sec. 19.
(1) This act does not limit the authority of the director or department to take action against a licensee under the grain dealers act for a violation of the grain dealers act or the rules of the department.
(2) It is not a defense to an action by the director or department against a licensee under the grain dealers act for a violation of that act that the grain dealer has fulfilled its obligations under this act.
History:
2003, Act 198, Imd. Eff. Nov. 10, 2003
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 198 of 2003 - Farm Produce Insurance Act (285.311 - 285.331) › Section 285.331 - Conduct as Misdemeanor; Penalties; Enforcement Action; Costs and Expenses.

285.331 Conduct as misdemeanor; penalties; enforcement action; costs and expenses.
Sec. 21.
(1) In addition to any other penalty or remedy provided by law, a person that knowingly or intentionally commits any of the following is guilty of a misdemeanor punishable by a fine of not more than $5,000.00 for each offense:
(a) Refusing or failing to collect any administrative premiums or producer premiums as required under this act.
(b) Refusing or failing to pay to the authority any administrative premiums or producer premiums collected under this act.
(c) Making a false statement, representation, or certification, or knowingly failing to make a required statement, representation, or certification, in a record, report, or other document the person files with the director, department, board, or authority, or that the person is required to file with the director, department, board, or authority, under this act.
(d) Resisting, preventing, impeding, or interfering with the director, agents or employees of the department, the board, or agents or employees of the authority or board in the performance of their duties under this act.
(2) In addition to the criminal penalty described in subsection (1), the court in an enforcement action for a violation described in subsection (1)(a) or (b) shall order the grain dealer to pay to the fund any administrative premiums or producer premiums collected by the grain dealer that it owes to the fund and may order the grain dealer to pay interest on the amount the grain dealer owes to the fund.
(3) If the board prevails in an action against a licensee to recover administrative premiums or producer premiums collected by or on behalf of the licensee and not forwarded to the fund in violation of section 10(4) or 11(3), the court may award to the board all costs and expenses in bringing the action, including, but not limited to, reasonable attorney fees, court costs, and audit expenses.
History:
2003, Act 198, Imd. Eff. Nov. 10, 2003 ;-- Am. 2010, Act 300, Imd. Eff. Dec. 16, 2010 ;-- Am. 2012, Act 149, Imd. Eff. May 30, 2012
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 330 of 2008 - Publication of Information Establishing Alternative Fuels Facilities (285.341 - 285.343) › Section 285.341 - Definitions.

285.341 Definitions.
Sec. 1.
As used in this act:
(a) "Alternative fuel" means a fuel composed of biomass or another fuel that does not have petroleum as a base or a blend of a nonpetroleum-based fuel and a petroleum-based fuel. Alternative fuel may include, but is not limited to, biodiesel and ethanol.
(b) "Biodiesel" means a fuel composed of mono-alkyl esters of long chain fatty acids derived from vegetable oils or animal fats and, in accordance with standards specified by the American society for testing and materials, designated B100, and meeting the requirements of D6751, as approved by the department.
(c) "Biomass fuel" means a fuel made from plant material, vegetation, or agricultural waste.
(d) "Department" means the Michigan department of agriculture.
(e) "Ethanol" means a substance that meets the American society for testing and materials standard in effect on the effective date of this act as the D4806 specification for denatured fuel grade ethanol for blending with gasoline.
History:
2008, Act 330, Imd. Eff. Dec. 18, 2008
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 330 of 2008 - Publication of Information Establishing Alternative Fuels Facilities (285.341 - 285.343) › Section 285.342 - Duties of Department.

285.342 Duties of department.
Sec. 2.
(1) The department shall do the following:
(a) Review and study all information available within any agency or department of state government to determine the body of relevant information regarding the establishing in this state of a production facility for an alternative fuel.
(b) Compile, in written or electronic format, information in a concise and readable form regarding the procedures for preparing and executing applications and approvals necessary for the establishing of a production facility for alternative fuels.
(c) Publish and make available to the public, in written or electronic format, the information described in subdivision (b) in separate categories for biodiesel fuel, ethanol, and other categories of alternative fuels.
(2) As part of the function described in subsection (1), the department shall specifically indicate procedures and processes that are housed in the department of environmental quality, the department of labor and economic growth, and the Michigan economic development corporation.
(3) The department may identify mechanisms that promote effective communication and coordination of efforts between this state and local governments, private industry, and institutions of higher education concerning the investigation, research into, and promotion of alternative fuels.
(4) The department may also review any state regulation that may hinder the use, research, and development of alternative fuels and vehicles that are able to utilize them and recommend changes to the governor and to the legislature.
History:
2008, Act 330, Imd. Eff. Dec. 18, 2008
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 330 of 2008 - Publication of Information Establishing Alternative Fuels Facilities (285.341 - 285.343) › Section 285.343 - Assistance to Department.

285.343 Assistance to department.
Sec. 3.
Except as otherwise provided by law and so far as compatible with other duties, the department of environmental quality, the department of labor and economic growth, and the Michigan economic development corporation shall give the department any necessary assistance requested by the department for the fulfillment of its duties under this act.
History:
2008, Act 330, Imd. Eff. Dec. 18, 2008
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 487 of 2012 - Wildlife Depredations Indemnification Act (285.361 - 285.365) › Section 285.361 - Short Title.

285.361 Short title.
Sec. 1.
This act shall be known and may be cited as the "wildlife depredations indemnification act".
History:
2012, Act 487, Imd. Eff. Dec. 28, 2012
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 487 of 2012 - Wildlife Depredations Indemnification Act (285.361 - 285.365) › Section 285.362 - Definitions.

285.362 Definitions.
Sec. 2.
As used in this act:
(a) "Commission" means the commission of agriculture and rural development.
(b) "Department" means the department of agriculture and rural development.
(c) "Livestock" means that term as it is defined in section 3 of the animal industry act, 1988 PA 466, MCL 287.703.
History:
2012, Act 487, Imd. Eff. Dec. 28, 2012 ;-- Am. 2019, Act 136, Eff. Feb. 19, 2020
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 487 of 2012 - Wildlife Depredations Indemnification Act (285.361 - 285.365) › Section 285.363 - Death, Injury, or Loss of Livestock From Wolves, Coyotes, and Cougars; Indemnification; Eligibility.

285.363 Death, injury, or loss of livestock from wolves, coyotes, and cougars; indemnification; eligibility.
Sec. 3.
(1) The department shall provide indemnification for the death, injury, or loss of livestock from wolves, coyotes, and cougars. Indemnification for missing animals shall only be paid if there is a history of losses to the owner of livestock as evidenced by a prior payment by the department due to the death or injury of livestock from wolves.
(2) To be eligible for indemnification under subsection (1), the owner of livestock shall do all of the following:
(a) Report the incident to the department within 24 hours after the animal is discovered to be dead, injured, or missing.
(b) File a claim for indemnification with the department verifying the type and number of animals for which indemnification is sought. The verification may include photographs of the animals or tracks or other information that provides support for the claim. If the claim seeks indemnification for missing animals, a notarized statement from the owner specifying the date of birth of each missing animal and the date on which the animals were discovered missing, along with evidence of prior indemnification payments due to death or injury of livestock from wolves, is sufficient documentation that 1 or more animals are missing and eligible for indemnification.
(c) Upon request, provide the department of natural resources with access to the owner's property as necessary to conduct an investigation if the department of natural resources believes that an on-site visit will assist its investigation.
(d) Upon request, provide the department with documentation that the animals have official identification, if required under the animal industry act, 1988 PA 466, MCL 287.701 to 287.746.
History:
2012, Act 487, Imd. Eff. Dec. 28, 2012
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 487 of 2012 - Wildlife Depredations Indemnification Act (285.361 - 285.365) › Section 285.364 - Appraisal and Inventory; Indemnification Payment; Reimbursement; Deduction for Compensation From Other Source; Limitation per Incident; Indemnification Subject to Specific Appropriations.

285.364 Appraisal and inventory; indemnification payment; reimbursement; deduction for compensation from other source; limitation per incident; indemnification subject to specific appropriations.
Sec. 4.
(1) Within 45 days after receipt of a claim for indemnification, the department shall appraise and inventory the livestock for which indemnification is sought and shall make an indemnification payment to a person who is eligible to receive indemnification under this act. If the department fails to make the indemnification payment within this 45-day time period, the person is entitled to receive from the department twice the amount of the original claim.
(2) Except as otherwise provided in this section, the department shall reimburse the claimant, for each animal included in the claim, 100% of the fair market value, on the date of the appraisal, of livestock of that type marketable for the purpose for which the animal was intended to be marketed, not to exceed $4,000.00 for each animal. The appraisal determination shall not delay the slaughter, destruction, or disposition of the livestock animals.
(3) The department shall deduct from the indemnification amount under subsection (2) for any compensation received, or to be received by the owner, from any other source, including, but not limited to, indemnification by the United States department of agriculture, insurance, or salvage value. The owner shall furnish to the department all records indicating other sources of indemnity. An affidavit signed by the owner attesting to the amount of compensation for the livestock received, or to be received, from any other source shall accompany the appraisal certificate prior to the payment of indemnification under this section.
(4) The department may make an indemnification payment pursuant to this section not to exceed $100,000.00 per incident which is the basis for a valid claim for indemnification under this act, from any line item in the annual budget for the department in the applicable fiscal year. Any agreement for an indemnification payment greater than $100,000.00 entered into between the department and an owner of livestock shall contain a provision indicating that, notwithstanding the terms of the agreement, indemnification shall be subject to specific appropriations by the legislature and not be paid from department funds.
History:
2012, Act 487, Imd. Eff. Dec. 28, 2012
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 487 of 2012 - Wildlife Depredations Indemnification Act (285.361 - 285.365) › Section 285.365 - Acceptance of Compensation as Full and Complete Release of Claim; Exceptions to Right of Indemnity.

285.365 Acceptance of compensation as full and complete release of claim; exceptions to right of indemnity.
Sec. 5.
(1) Acceptance of compensation under this act constitutes a full and complete release of any claim the owner has against this state, its departments, agencies, officers, employees, agents, and contractors to the extent these persons were acting on behalf of this state, within the scope of their employment with this state or under the direction of this state, its departments, agencies, officers, or employees related to the death, injury, or loss of the livestock.
(2) The right to indemnity under this act does not apply to livestock determined by the department to have been imported without meeting import requirements such as an official interstate health certificate or official interstate certificate of veterinary inspection, required testing, required vaccination, or to livestock determined by the department to have been illegally moved within this state. An owner is not entitled to indemnity from this state for an animal that comes into the possession of the owner with the owner's knowledge that the animal is diseased or is suspected of having been exposed to an infectious, contagious, or toxicological disease. In addition, the department shall not indemnify an owner for animals that have been exposed to an animal that comes into the possession of the owner with the owner's knowledge that the animal is diseased or is suspected of having been exposed to an infectious, contagious, or toxicological disease.
History:
2012, Act 487, Imd. Eff. Dec. 28, 2012
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Repealed - Act 26 of 1885 - Inspection and Sale of Commercial Fertilizers (286.31 - 286.39)

INSPECTION AND SALE OF COMMERCIAL FERTILIZERS
Act 26 of 1885
286.31-286.39 Repealed. 1975, Act 198, Eff. Jan. 1, 1976.