Montana Administrative Register Notice 4-14-221 No. 11   06/12/2014    
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In the matter of the amendment of ARM 4.12.1224 and 4.12.1229 pertaining to Alfalfa Leaf Cutter Bees







TO: All Concerned Persons


            1. On July 8, 2014, at 1:30 p.m., the Department of Agriculture will hold a public hearing in Room 225 of the Scott Hart Building at 302 North Roberts, Helena, Montana, to consider the proposed 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 June 30, 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) 444-5402; fax (406) 444-5409; or e-mail cojensen@mt.gov.


3. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:


            4.12.1224 OFFICIAL CERTIFICATION PROCEDURES AND FEES (1)  In addition to the required registration of bees, beekeepers may certify bees according to the following procedure:

            (a) through (c) remain the same.

            (d)  Each person requesting certification shall pay a certification fee of $30 per sample. Each person shall also pay per diem and mileage charges as established in Title 2, ch. chapter 18, part 5, MCA for state employees and a sampling fee of $10 44 per hour during the time the department employee is collecting the certification samples, including travel time.

            (e) through (h) remain the same


AUTH: 80-6-1103, 80-6-1105, 80-6-1109, MCA

IMP: 80-6-1103, 80-6-1105, 80-6-1109, MCA


REASON:  Official sample collection by a department official is required for alfalfa bee samples that need to be certified. There is an hourly charge for official sample collection. The increase in the hourly fee is needed to allow the department to recover personnel services costs associated with official sampling. 


ECONOMIC IMPACT: The department has not provided official sampling or certification services in at least five years and, therefore, does not expect an economic impact to producers associated with increasing the hourly fee or certification fee. The fee, however, needs to be retained, should official sampling or certification services be needed in the future. The proposed hourly fee will allow actual cost recovery.


            4.12.1229  FEES ESTABLISHED FOR SERVICE SAMPLES (1)  Laboratory analysis - $3050 per sample which includes pathogens, parasites, and larvae count/lb.  In addition to the $3050 laboratory analysis, each sample may be tested for sex ratio and percent emergence for an additional fee of $20.


AUTH: 80-6-1103, 80-6-1109, MCA

IMP: 80-6-1109, MCA


REASON: The department provides laboratory analytical services, including pest and disease presence and sex ratio. Samples may be submitted by producers directly or, if certification is needed, collected by department officials. Sections 80-6-1109 and 80-6-1112, MCA, state that fees should be designed to reimburse the costs incurred in providing the service. It was the intent of the legislature that these activities be self-supporting and that only those funds generated through fees be used to support the services being provided. The fee for pest and disease analysis is being increased because current fees do not cover expenditures associated with performing the laboratory analysis. Current fees generate approximately $1,740. Proposed fees would generate approximately $2,900, an increase of $1,160. 


ECONOMIC IMPACT: The fee increase will affect all individuals that request alfalfa leaf cutter bee pest and disease analysis. In fiscal year 2014, 13 producers submitted 58 samples for analysis. Under the proposed laboratory fee increase, these producers would pay an additional $20/sample. Four of the 13 producers submitted one sample so each of those producers would incur an additional cost of $20. Seven producers submitted between 2 and 4 samples. For these producers the additional cost would be $40 when two samples are submitted, $60 when three samples are submitted, and $80 when four samples are submitted. Three producers submitted 8, 9, and 16 samples. The impact, at $20/sample, will be $160, $180, and $320, respectively. 


            4. 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) 444-5402; fax (406) 444-5409; or e-mail cojensen@mt.gov, and must be received no later than 5:00 p.m., July 10, 2014.


5. Cort Jensen, Department of Agriculture, has been designated to preside over and conduct this hearing.


6. 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, e-mail, and mailing address 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 4 above or may be made by completing a request form at any rules hearing held by the department.


7. 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.


8. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.


9. With regard to the requirements of 2-4-111, MCA, the department has determined that the 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 June 2, 2014.



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