[Congressional Record Volume 147, Number 7 (Monday, January 22, 2001)]
[Senate]
[Page S380]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. FEINGOLD:
  S. 107. A bill to allow modified bloc voting by cooperative 
associations of milk producers in connection with a referendum on 
Federal Milk Marketing Order reform; to the Committee on Agriculture, 
Nutrition, and Forestry.


               democracy for dairy producers act of 2001

  Mr. FEINGOLD. Mr. President, I rise to introduce a measure that will 
begin to restore to many dairy farmers throughout the nation, part of 
the market power they have lost in recent years.
  Mr. President, when dairy farmers across the country voted on a 
referendum two years ago--perhaps the most significant change in dairy 
policy in sixty years--they didn't actually get to vote. Instead, their 
dairy marketing cooperatives will cast their votes for them.
  This procedure is called bloc voting and it is used all the time. 
Basically, a Cooperative's Board of Directors decides that, in the 
interest of time, bloc voting will be implemented for that particular 
vote. In the interest of time, but not always in the interest of their 
producer owner-members.
  Mr. President, I do think that bloc voting can be a useful tool in 
some circumstances, but I have serious concerns about its use in every 
circumstance. Farmers in Wisconsin and in other states tell me that 
they do not agree with their Cooperative's view on every vote. Yet, 
they have no way to preserve their right to make their single vote 
count.
  After speaking to farmers and officials at USDA, I have learned that 
if a Cooperative bloc votes, individual members simply have no 
opportunity to voice opinions separately. That seems unfair when you 
consider what a monumental issue is at stake. Coops and their members 
do not always have identical interests. We shouldn't ask farmers to 
ignore that fact.
  Mr. President, the Democracy for Dairy Producers Act of 2001 is 
simple and fair. It provides that a cooperative cannot deny any of its 
members a ballot if one or two or ten or all of the members chose to 
vote on their own.
  This will in no way slow down the process at USDA; implementation of 
any rule or regulation would be able to proceed on schedule. Also, I do 
not expect that this would change the final outcome of any given vote. 
Coops could still cast votes for their members who do not exercise 
their right to vote individually. And to the extent that coops 
represent farmers interest, farmers are likely to vote along with the 
coops, but whether they join the coops or not, farmers deserve the 
right to vote according to their own views.
  I urge my colleagues to return just a little bit of power to 
America's farmers, and a little bit of pure democracy to the vote on 
issues that have such an impact on their future.
  I urge my colleagues to support the Democracy for Dairy Producers 
Act, a dairy bill without regional bias.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 107

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       The Act may be cited as the ``Democracy for Dairy Producers 
     Act of 2001''.

     SEC. 2. MODIFIED BLOC VOTING.

       (a) In General.--Notwithstanding paragraph (12) of section 
     8c of the Agricultural Adjustment Act (7 U.S.C. 608c), 
     reenacted with amendments by the Agricultural Marketing 
     Agreement Act of 1937, in the case of the referendum 
     conducted as part of the consolidation of Federal milk 
     marketing orders and related reforms under section 143 of the 
     Agricultural Market Transition Act (7 U.S.C. 7253), if a 
     cooperative association of milk producers elects to hold a 
     vote on behalf of its members as authorized by that 
     paragraph, the cooperative association shall provide to each 
     producer, on behalf of which the cooperative association is 
     expressing approval or disapproval, written notice 
     containing--
       (1) a description of the questions presented in the 
     referendum;
       (2) a statement of the manner in which the cooperative 
     association intends to cast its vote on behalf of the 
     membership; and
       (3) information regarding the procedures by which a 
     producer may cast an individual ballot.
       (b) Tabulation of Ballots.--At the time at which ballots 
     from a vote under subsection (a) are tabulated by the 
     Secretary of Agriculture, the Secretary shall adjust the vote 
     of a cooperative association to reflect individual votes 
     submitted by producers that are members of, stockholders in, 
     or under contract with, the cooperative association.
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