Montana Administrative Register Notice 4-14-223 No. 2   01/29/2015    
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In the matter of the amendment of ARM 4.12.113 pertaining to apiary registration fees







TO: All Concerned Persons


          1. On February 18, 2015, at 2:00 p.m., the Department of Agriculture will hold a public hearing in Room 225 of the Scott Hart Building at 302 N. Roberts, Helena, Montana, to consider the proposed amendment of the above-stated rule.


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 February 13, 2015, 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, 59620-0201; telephone (406) 444-3144; fax (406) 444-5409; or e-mail cojensen@mt.gov.


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



  (1) The application fee for owners or applicants not currently registered in the department's apiary database is $10 20. The new application fee is due at the time the owner or applicant submits a registration for an apiary site. The application fee is in addition to all apiary site registration fees due annually. Site registration will not be issued until the new application and site registration fees are paid.

            (2) The registration or reregistration fee for an apiary site is $15 19 per site.

            (3) remains the same.


AUTH:  80-6-102, 80-6-106, 80-6-202, MCA

IMP:  80-6-102, 80-6-106, 80-6-202, MCA


REASON:  Revenue through fees is insufficient to support the program. The department discussed the program budget, activities, and expenditures with the Montana Beekeeper Association at their annual meeting in October 2014. The association made a resolution to support a $4 increase in site registrations.


ECONOMIC IMPACT:  The number of first time applications (those not currently registered in the department's database) varies between 2 and 21. Those individuals or businesses submitting first time application for registration will incur an additional $10 in registration costs. The proposed administrative rule also increases the annual apiary site registration from $15 to $19, an increase of approximately 27 percent. Two hundred and fourteen beekeepers have between one and 50 sites, 37 beekeepers have between 50 and 208 sites, and one beekeeper has more than 500 sites. A beekeeper registering 10 sites will see a cost increase of $40. A beekeeper registering 500 sites will see a cost increase by $2,000.


            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, 59620-0201; telephone (406) 444-3144; fax (406) 444-5409; or e-mail cojensen@mt.gov, and must be received no later than 5:00 p.m., February 27, 2015.


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 rule will not significantly and directly impact small businesses.


/s/ Cort Jensen                                            /s/ Ron de Yong                             

Cort Jensen                                                 Ron de Yong

Rule Reviewer                                             Director



Certified to the Secretary of State January 20, 2015.



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