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| Montana Administrative Register Notice 4-14-185 | No. 15 08/13/2009 | |
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BEFORE THE DEPARTMENT OF AGRICULTURE OF THE STATE OF
TO: All Concerned Persons 1. On September 3, 2009 at 10:00 a.m., the Montana Department of Agriculture will hold a public hearing in Room 225 of the 2. The Department of Agriculture will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process and 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 August 28, 2009, to advise us of the nature of the accommodation that you need. Please contact Cort Jensen, Department of Agriculture, 303 North Roberts, 3. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined: 4.12.3402 SEED LABORATORY ANALYSIS FEES (1) The FEE SCHEDULE (All prices are in U.S. dollars)
MIXTURES: (See hourly rate) Tetrazolium Test (TZ): $ *Laboratory analysis may report that the sample contains dormant seed. (2) Fees for additional services provided by the seed laboratory: Hourly rate $ excessively high inert (>5%) or time consuming samples) Rush $60.00 (expedite sample before routine samples) BSMV $ Seed ID $10.00 Dormancy $18.00 (in addition to germination charges) Utricle Fill $20.00 FAX $3.00 (to send analysis reports) Other State, or Western Noxious Exam $7.00 (in addition to normal rate) Canadian Rules $ Canadian rules) ISTA Rules $ Ascochyta test $ Potassium Hydroxide (KOH) $7.00 Clearfield/herbicide bioassay confirm $50.00 Moisture $ Seed count $ Grass envelopes $0.50 Cereal envelopes $0.60 Return sample AUTH: 80-5-139, MCA Reason: The lab has experienced budget shortfalls in the last several years and the Montana Agricultural Experiment Station has determined not to allow any budget shortfalls in the amounts allowed in the past. According to information from MAES Director Jeff Jacobsen, the lab has cost MAES extra money in cost overrides seven of the last nine years, and he has stated that he will not allow that process to continue. Based on the previous year, the lab did 4239 samples creating an income of $195,236.50 (or $46.06 income per sample). Since the cost of doing business at the Seed Lab was $245,307.36, the actual cost per sample to break even was $57.86. If the lab did the same amount of samples this year, with the 25% fee increase, we could come close to meeting that $57.86 cost figure (4239 samples at last year's income + 25% would be $244,045). Prices were adjusted up for Moisture content, BSMV and Seed Count tests to more accurately reflect the cost of doing the tests themselves. All three of these test prices were raised more than the 25% increase figure used for the rest of the price increases. The lab is required to defray its operating costs through the testing fees it charges. The 25% price increase should allow the lab to defray the excessive budget cost overrides experienced in the last few years. Economic Impact: Using last year's sample numbers (4239 samples submitted for testing), the fee increase could add $48,000 in income annually. Of immediate concern is the potential income increase for the last few months of FY09. Based on the number of samples submitted the final five months of the last fiscal year (in the final five months of FY 08, 1330 samples were received; based on the 15-year average, 1848 samples would be received during this time frame) the 25% fee increase could result in an extra $15,300 for last year's number or $21,200 if the 15-year average sample number is used from February through June. The average per-sample income should increase from $46.06 to approximately $57.58. The MAES Director has indicated that some modest lab operational cost overrides could be tolerated. 4. Concerned persons may submit their data, views, or arguments concerning the proposed action either orally or in writing at the hearing. Written data, views, or arguments may be submitted to: Cort Jensen at the Montana Department of Agriculture, 303 N. Roberts, P. O. Box 200201, Helena, MT, 59620-0201; telephone (406) 444-3144; fax (406) 444-5409; or e-mail [email protected], and must be received no later than 5:00 p.m., September 10, 2009. 5. Cort Jensen, Department of Agriculture, has been designated to preside over and conduct this hearing. 6. The Department of Agriculture 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 which 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 Montana Department of Agriculture, 303 N. Roberts, 7. An electronic copy of this Proposal Notice is available through the department's web site at www.agr.mt.gov, under the Administrative Rules section. The department 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 department strives 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.
/s/ Cort Jensen /s/ Ron de Yong Cort Jensen Ron de Yong Rule Reviewer Director Montana Department of Agriculture Certified to the Secretary of State August 3, 2009.
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