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SENATE BILL NO. 147
INTRODUCED BY HERTEL J
BY REQUEST OF THE DEPARTMENT OF AGRICULTURE
A BILL FOR AN ACT ENTITLED: "AN ACT STATUTORILY ESTABLISHING THE PRODUCE ASSESSMENT FEE AT 5 CENTS PER PRODUCE UNIT OR EQUIVALENT POUNDAGE, AN INCREASE FROM THE FEE OF 3.5 CENTS PER PRODUCE UNIT PREVIOUSLY ESTABLISHED BY RULE; SUBMITTING THE FEE INCREASE TO THE ELECTORATE; PROVIDING A CONTINGENT VOIDNESS PROVISION; AMENDING SECTION 80-3-314, MCA; AND PROVIDING AN EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 80-3-314, MCA, is amended to read:
"80-3-314. Reporting requirements -- assessment fees -- exceptions. (1) Produce sold or distributed in this state must
be reported, on forms approved by the department, and must be assessed a fee of 5 cents per produce unit or equivalent
The fee amount may be adjusted by rule but must be at least 3 cents and not more than 7 cents per produce unit.
(2) The produce dealer who first distributes produce in this state or a grower who retails Montana-grown produce with gross annual sales exceeding $15,000 shall pay the produce assessment fee established in subsection (1). However, any produce dealer in possession of the produce may be held responsible for payment of the fee unless the grower has paid for a produce dealer license or has made available to the produce dealer a written form provided by the department stating that the assessment fees are being paid.
(3) The report and fees are due on or before the 30th day of the month following each calendar quarter.
(4) Payment of the produce assessment fee is not required on produce that is:
(a) grown and retailed in Montana by the grower if annual gross retail sales by the grower do not exceed $15,000;
(b) grown in this state, not packaged for market, and sold for resale by the grower;
(c) in the case of vegetative seed potato products, intended or used for planting purposes; or
(d) purchased from or distributed by a produce dealer licensed under 80-3-321 if the produce has been reported and the assessment fee has been paid."
NEW SECTION. Section 2. Submission to electorate. This amendment shall be submitted to the qualified electors of Montana as provided in Title 13, chapter 1, MCA, at the tax election to be held in 1999 by printing on the ballot the full title of this act and the following:
SHALL THE PRODUCE ASSESSMENT FEE TAX BE INCREASED ANNUALLY BY 1.5 CENTS PER PRODUCE UNIT OR EQUIVALENT POUNDAGE, IN THE FOLLOWING MANNER?
 FOR establishing the produce assessment fee tax at 5 cents per produce unit or equivalent poundage.
 AGAINST establishing the produce assessment fee tax at 5 cents per produce unit or equivalent poundage.
NEW SECTION. Section 3. Contingent voidness. If Constitutional Initiative No. 75, enacting Article VIII, section 17, of the Montana constitution, is declared invalid, then sections 2 and 4 of this act are void.
NEW SECTION. Section 4. Effective date. [This act] is effective upon approval by the electorate.
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Latest Version of SB 147 (SB0147.01)
Processed for the Web on December 24, 1998 (1:35PM)
New language in a bill appears underlined, deleted material appears stricken.
Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted. See the status of this bill for the bill's primary sponsor.
Status of this Bill| 1999 Session | Leg. Branch Home
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