BEFORE THE DEPARTMENT OF AGRICULTURE

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 4.6.101 commodity advisory committees and repeal of ARM 4.6.501 through 4.6.504 corn crop advisory committee and commodity assessment

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT AND REPEAL

 

TO: All Concerned Persons

 

          1. On November 5, 2015, at 1:00 p.m., the Department of Agriculture will hold a public hearing in Room 225 of Scott Hart Building, at Helena, Montana, to consider the proposed amendment and repeal 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 the Department of Agriculture no later than 5:00 p.m. on October 29, 2015, to advise us of the nature of the accommodation that you need. Please contact Benjamin Tiller, Department of Agriculture, P.O. Box 200201, Helena, Montana, 59620-0201; telephone (406) 444-0132; fax (406) 444-9442; or e-mail [email protected].

 

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

 

          4.6.101  PETITION TO CREATE A COMMODITY ADVISORY COMMITTEE RESEARCH AND MARKET DEVELOPMENT PROGRAM (1) The petition requirements are:

          (a) name of applicant;

          (b) address of applicant;

          (c) phone number of applicant if applicant is an organization, a list of officers with complete addresses and phone numbers;

          (d) the proposed rate of assessment per unit of commodity;

          (e) (d) a proposed statement of purpose;

          (f) (e) a list of 25 or more producer signatures (including legibly printed names, addresses, and phone numbers) of this commodity who are petitioning the Montana Department of Agriculture to create develop a commodity advisory committee research and market development program;

          (i) The petition must include only names of individuals persons who are qualify as a "grower or producer" as defined in 80-11-503, MCA; "A person or landowner who is personally engaged in growing or producing the relevant agricultural commodity. commodities, or both the landowner and the tenant jointly. The term includes a person, partnership, association, corporation, cooperative, trust, sharecropper, and all other business units, devices, and arrangements."

          (ii) Each petitioner the grower or producer must have grown or produced the relevant this agricultural commodity within the last two growing seasons.

          (g) attach a list of all known producers (with addresses and phone numbers) of this commodity, as defined above, who are 18 years of age or older, and a Montana resident;

          (h) (f) the Department of Agriculture shall verify eligibility of petitioners as commodity producers using the definition in (1)(e)(f)(i)-(ii); and

          (i) a petition shall be filed with the department either in person or by certified mail; and

          (j) (g) the petition application shall include the name, address, and phone numbers of the designated liaison for the petitioners.

 

AUTH: 80-11-504, 80-11-510, MCA

IMP: 80-11-510, 80-11-512, MCA

 

REASON: Sections 80-11-510 and 80-11-512, MCA, were amended during the 2015 legislative session to change how commodity advisory committees and research and market development programs are created.

Prior to the amendments, producers were required to file a petition to create a research and market development program. If the research and market development program was created, then the department was required to form a commodity advisory committee. The amendments reverse this procedure. Now producers must petition the department to create a commodity advisory committee. After a public hearing on a valid petition, the department may create a commodity advisory committee. That committee then meets to consider a referendum to form a research and market development program. The changes to this administrative rule are necessary to accommodate these procedural changes.

These amendments remove the requirement that a petition contain the proposed rate of commodity assessment. Since a research and market development program is required to charge an assessment, this information is not relevant until the commodity advisory committee proposes a referendum. The legislative amendments to 80-11-510 and 80-11-512, MCA, require public meetings to discuss potential assessments prior to a referendum to form a research and market development program.

The description of who may sign a petition has been amended to reflect the legislature's intent to prevent a farm's business entity from being included in the petitioner count if an individual involved in that farm's operations is also a petitioner. The current reference to the definition of grower or producer in 80-11-503, MCA, would allow each farm to contribute an additional petitioner by including the business entity in addition to the individuals.

The requirement that the petitions be delivered by certified mail or in person has been eliminated to reduce the technical restrictions for filing a petition.

 

4. The department proposes to repeal the following rules:

 

4.6.501  MONTANA CORN CROP ADVISORY COMMITTEE

 

AUTH: 80-11-504, 80-11-510, MCA

IMP: 80-11-504, 80-11-510, 80-11-511, 80-11-512, 80-11-515, 80-11-516, 80-11-517, 80-11-518, 80-11-519, MCA

 

4.6.502  DEFINITIONS

 

AUTH: 80-11-504, 80-11-510, MCA

IMP: 80-11-504, 80-11-510, 80-11-511, 80-11-512, 80-11-515, 80-11-516, 80-11-517, 80-11-518, 80-11-519, MCA

 

4.6.503  ANNUAL CORN CROP COMMODITY ASSESSMENT–COLLECTION

 

AUTH: 80-11-504, 80-11-510, MCA

IMP: 80-11-504, 80-11-510, 80-11-511, 80-11-512, 80-11-515, 80-11-516, 80-11-517, 80-11-518, 80-11-519, MCA

 

4.6.504  APPLICATIONS FOR CORN CROP RESEARCH AND MARKETING PROJECT FUNDS

 

AUTH: 80-11-504, 80-11-510, MCA

IMP: 80-11-504, 80-11-510, 80-11-511, 80-11-512, 80-11-515, 80-11-516, 80-11-517, 80-11-518, 80-11-519, MCA

 

REASON: These rules were repealed by HB 390 during the 2015 legislative session.

 

          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: Benjamin Tiller, Department of Agriculture, P.O. Box 200201, Helena, Montana, 59620-0201; telephone (406) 444-0132; fax (406) 444-9442; or e-mail [email protected], and must be received no later than 5:00 p.m., November 16, 2015.

 

6. Benjamin Tiller, 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, 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 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, apply and have been fulfilled. The primary bill sponsor was contacted by letter on April 7, 2015.

 

10. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment and repeal 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 October 5, 2015.