BEFORE THE DEPARTMENT OF AGRICULTURE
OF THE STATE OF MONTANA
In the matter of the adoption of New Rule l pertaining to Seed Licensing Fees and the amendment of ARM 4.12.3009 pertaining to Reporting and Assessment of Seed Sales
NOTICE OF PUBLIC HEARING ON PROPOSED ADOPTION AND AMENDMENT
TO: All Concerned Persons
1. On April 16, 2014, at 11:00 a.m., the Department of Agriculture will hold a public hearing in Room 220 of the Scott Hart Building, 302 N. Roberts, Helena, Montana, to consider the proposed adoption and amendment of the above-stated rules.
2. The Department of Agriculture will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact Department of Agriculture no later than 5:00 p.m. on April 10, 2014, to advise us of the nature of the accommodation that you need. Please contact Cort Jensen, Department of Agriculture, P. O. Box 200201, Helena, Montana, 59620; telephone (406) 444-3144; fax (406) 444-5409; or e-mail firstname.lastname@example.org.
3. The rule as proposed to be adopted provides as follows:
NEW RULE I SEED LICENSING FEES (1) The requirements for seed licensing fees are as follows:
(a) a Montana grower who sells and/or labels seed: $75 a year license fee;
(b) a Montana seed dealer: $75 a year license fee;
(c) a Montana seed conditioner: $75 a year license fee;
(d) a Montana seed labeler: $75 a year license fee;
(e) a nonresident seed labeler: $75 a year license fee; and
(f) a nonresident dealer selling seed into Montana: $130 a year license fee.
AUTH: 80-5-130, MCA
IMP: 80-5-130, MCA
REASON: The department′s seed program cost of providing service has steadily increased in recent years. Expenditures now exceed revenue and a fee increase is needed to maintain the basic service provided to the industry. Current seed license and assessment fees were set in 2003 by statute with the allowance for the department to adjust by administrative rule to maintain adequate funding. License and assessment fees have not increased since 2003. Legislation established maximum licensing and assessment fees and authorized the Montana Department of Agriculture to adjust these fees by rule as noted in 80-5-130 and 80-5-131, MCA.
ECONOMIC IMPACT: The proposed adjustment in fees will impact three fees currently established. All license types currently paying $55 will be increased to $75. This fee increase will impact an estimated 529 licensees resulting in an increase of revenue of approximately $10,580 annually. The fee for licensees currently paying $110 will be increased to $130. This fee increase will impact an estimated 67 licensees resulting in an increase of revenue of approximately $1,340 annually.
4. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:
4.12.3009 REPORTING AND ASSESSMENT OF SEED SALES (1) and (2) remain the same.
(3) These reports and the fee of
20 25 cents per $100 in gross sales shall be due not later than July 31 of each year for the preceding 12-month period.
(4) An additional collection fee of 10
% percent of the amount due but not less than $10 shall be assessed to any seed labeler whose report and assessment is not received by the department by the July 31 deadline.
AUTH: 80-5-131, MCA
IMP: 80-5-131, MCA
REASON: The annual reporting and assessment fees will increase from 20 cents to 25 cents per $100 in gross annual sales of agricultural seed. This increase will impact all out of state seed labelers selling agricultural seed into Montana.
ECONOMIC IMPACT: The increase will result in an increase of revenue of approximately $14,201 annually. The overall financial impact of the proposed fee increase will result in an increase of revenue of approximately $26,121 annually.
5. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Cort Jensen, Department of Agriculture, P. O. Box 200201, Helena, Montana, 59620; telephone (406) 444-3144; fax (406) 444-5409; or e-mail email@example.com, and must be received no later than 5:00 p.m., April 24, 2014.
6. Cort Jensen, Department of Agriculture, has been designated to preside over and conduct this hearing.
7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name and e-mail of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 5 above or may be made by completing a request form at any rules hearing held by the department.
8. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of the notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.
9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
10. With regard to the requirements of 2-4-111, MCA, the department has determined that the adoption and amendment of the above-referenced rules will not significantly and directly impact small businesses.
/s/ Cort Jensen /s/ Ron de Yong
Cort Jensen Ron de Yong
Rule Reviewer Director
Department of Agriculture
Certified to the Secretary of State March 17, 2014.