Bill Text: MI SB1004 | 2025-2026 | 103rd Legislature | Introduced
Bill Title: Agriculture: marketing; length of time a cooperative may hold the funds of its members; limit. Amends sec. 4 of 1972 PA 344 (MCL 290.704).
Sponsorship: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced) 2026-05-21 - Referred To Committee On Natural Resources And Agriculture [SB1004 Detail]
Download: Michigan-2025-SB1004-Introduced.html
SENATE BILL NO. 1004
A bill to amend 1972 PA 344, entitled
"Agricultural marketing and bargaining act,"
by amending section 4 (MCL 290.704), as amended by 2012 PA 119.
the people of the state of michigan enact:
Sec. 4. (1) Producers of agricultural commodities may join together voluntarily in associations as authorized by law without interference by handlers. A handler shall not engage or permit an employee or agent to engage in any of the following practices:
(a) To coerce a producer in the exercise of his or her the producer's right to join and belong to or to refrain from joining or belonging to an association or to refuse to deal with a producer because of the exercise of his or her the producer's right to join and belong to an association except as provided in section 15.
(b) To discriminate against a producer with respect to price, quantity, quality, or other terms of purchase, acquisition, or other handling of agricultural products because of his or her the producer's membership in or contract with an association.
(c) To coerce or intimidate a producer to breach, cancel, or terminate a membership agreement or marketing contract with an association or a contract with a handler.
(d) To pay or loan money, give anything of value, or offer any other inducement or reward to a producer for refusing or ceasing to belong to an association.
(e) To make or circulate unsubstantiated reports about the finances, management, or activities of associations or handlers.
(f) To conspire, combine, agree, or arrange with any other person to do engage in, or aid or abet the doing of any practice which is in violation of that violates this act.
(g) To refuse to bargain with an accredited association with whom the handler has had prior dealings or with an accredited association whose producers in the bargaining units have had substantial dealing with the handler prior to before the accreditation of the association.
(h) To negotiate with a producer included in the bargaining unit after an association is accredited.
(2) An association shall not engage or permit an employee or agent to engage in any of the following practices:
(a) To enter into a contract that discriminates against a producer represented by an accredited association regardless of whether or not he or she the producer is a member producer.
(b) To act in a manner contrary to the bylaws of the association.
(c) To refuse to bargain with a handler with whom the accredited association has had prior dealing or with whom its producers have had substantial dealing prior to before the accreditation of the association.
(d) To coerce or intimidate a handler to breach, cancel, or terminate a membership agreement or marketing contract with an association or a contract with a producer.
(e) To make or circulate unsubstantiated reports about the finances, management or activities of other associations or handlers.
(f) To conspire, combine, agree, or arrange with any other person to do engage in or aid or abet the doing of any practice that is in violation of violates this act.
(g) To hold the money of the association's members for more than 10 years after the date of the association's receipt of the money. As of the effective date of the amendatory act that added this subdivision, an association that is in violation of this subdivision before the effective date of the amendatory act that added this subdivision has 2 years after the effective date of the amendatory act that added this subdivision to return the money to the association's members.
(3) For the purpose of enforcing this act, the department may receive sworn complaints with respect to violations or threatened violations. The department may make all necessary investigations, examinations, or inspections of any violation or threatened violation specified in the a sworn complaint filed with the department. If, upon an on investigation, the department considers that there is reasonable cause to believe that a person charged has committed an unfair practice, the department shall issue and cause to be served a complaint upon on the person in accordance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. The complaint shall must summon the person to a hearing before the department or a hearing officer at the time and place provided in the complaint.
(4) If, upon on a preponderance of the evidence, the department determines that the person complained of has committed an unfair practice, the department shall state its the department's findings of fact and shall issue and cause to be served on the person complained of an order requiring him or her the person to cease the violation and shall order further affirmative action as will to effectuate the policies of this act.
(5) If, upon on a preponderance of the evidence, the department is of the opinion that the person complained of has not committed an unfair practice, the department shall make its state the department's findings of fact and issue an order dismissing the complaint.
(6) Until the record in a case has been filed in a court, as provided in this act, the department, at any time upon on reasonable notice and in such manner as the department considers proper, may modify or set aside, in whole or in part, any finding or order made or issued by the department.
(7) The department shall determine whether the expense of the proceedings shall must be borne by any person found to have committed a practice in violation of this section.
