Bill Text: MI SB0923 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Liquor; spirits; rebate of gross profit paid to the commission for a small distiller that uses Michigan distilled grains to produce spirits; provide for. Amends 1998 PA 58 (MCL 436.1101 - 436.2303) by adding sec. 234. TIE BAR WITH: SB 0579'17
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-03-21 - Referred To Committee On Regulatory Reform [SB0923 Detail]
Download: Michigan-2017-SB0923-Introduced.html
SENATE BILL No. 923
March 21, 2018, Introduced by Senators PROOS, ZORN, PAVLOV, HORN, HANSEN and SCHMIDT and referred to the Committee on Regulatory Reform.
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
(MCL 436.1101 to 436.2303) by adding section 234.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 234. (1) Subject to this section, on request of a small
distiller, on a form prescribed by the commission, the commission
shall pay the small distiller 1/2 of the gross profit described in
section 233(1) that the commission received in a calendar year on
the sale of spirits manufactured by the small distiller if the
spirits are produced with at least 40% of its distilled grain grown
in this state. A small distiller shall file the request not later
than April 15 of the year after the calendar year for which payment
is requested. The commission shall make the payment to the small
distiller within 90 days after receipt of a request under this
subsection.
(2) A small distiller requesting a payment under subsection
(1) shall keep a complete and accurate set of records and accounts
of all transactions pertaining to the operation of its distillery,
including, but not limited to, records and accounts of all
distilled grain received in or withdrawn from the distillery, all
acknowledgment forms in the small distiller's possession, copies of
all contracts, and acknowledgment forms returned to and settled by
the small distiller. The department of agriculture and rural
development may examine the records and accounts pertaining to the
small distiller's distilled grain handling business at any time
during normal business hours.
(3) As used in this section:
(a) "Acknowledgment form" means a scale weight ticket, a load
slip, or any other evidence of deposit issued by a small distiller
or the small distriller's authorized representative to a depositor
that identifies the distilled grain being transferred from
possession of the depositor to the possession of the small
distiller.
(b) "Depositor" means either of the following:
(i) A person that delivers distilled grain to a small
distiller for storage, processing, shipment, or sale and that has
title to distilled grain at the time of delivery.
(ii) A person that owns or that is the legal holder of an
acknowledgment form issued by a depositor for distilled grain.
(c) "Distilled grain" means any of the following:
(i) Dry barley.
(ii) Oats.
(iii) A small grain.
(iv) A cereal grain.
(v) Potato.
(vi) Corn.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 579 of the 99th Legislature is enacted into
law.
