House Bill No. 57
Introduced By debruycker
By Request of the Department of Agriculture
A Bill for an Act entitled: "An Act granting the Montana alfalfa seed committee the authority to administer the alfalfa leaf-cutting bee management act and the alfalfa seed industry act; expanding the membership of the Montana alfalfa seed committee; eliminating the alfalfa leaf-cutting bee committee; amending sections 2-15-3004 and 80-6-1102, MCA; repealing section 2-15-3005, MCA; and providing an effective date."
WHEREAS, the Legislature finds that the alfalfa seed industry and the alfalfa leaf-cutting bee industry are closely related; and
WHEREAS, the Legislature also finds that it is in the best interest of the people of the State of Montana to promote economy in government regulation of industry; and
WHEREAS, it is the intent of the Legislature to combine with the Montana Alfalfa Seed Committee the duties, responsibilities, and representation of the Alfalfa Leaf-Cutting Bee Committee and to grant the Montana Alfalfa Seed Committee the authority to administer the Alfalfa Leaf-Cutting Bee Management Act and the Alfalfa Seed Industry Act.
Be it enacted by the legislature of the State of Montana:
Section 1. Section 2-15-3004, MCA, is amended to read:
"2-15-3004. Montana alfalfa seed committee -- composition -- allocation. (1) There is a Montana alfalfa seed
committee composed of
seven eight members as follows:
(a) five members appointed by the governor who are citizens of Montana and who are actively engaged in the growing of alfalfa seed within the state, deriving a substantial portion of their income from handling, packing, shipping, buying, or selling alfalfa seed, or acting as a broker or factor of alfalfa seed. These five members must be compensated as provided in 80-11-305.
(b) two members appointed by the governor who are citizens of Montana and who are actively engaged in the growing of alfalfa seed within the state and the rearing of alfalfa leaf-cutting bees. Each member must be compensated from the enterprise fund established in 80-6-1109 at $25 for each day in which the member is engaged in the official business of the committee, plus expenses as provided for in 2-18-501 through 2-18-503.
The the director of the department of agriculture or his the director's authorized representative shall be an ex officio,
nonvoting member of the committee. (2) Each of the appointed members shall be a citizen of Montana actively engaged in the growing of alfalfa seed within the
state or deriving a substantial portion of his income from handling, packing, shipping, buying, or selling alfalfa seed or
acting as a broker or factor of alfalfa seed. These qualifications of members must continue during their terms of office. (3)(2) A list of nominees for appointment may be submitted to the governor by the Montana alfalfa seed association, the
Montana seed trade association, the Montana seed growers association, and any other organization representing alfalfa seed
growers or dealers. Names of nominees shall must be submitted at least 91 days before the expiration of a committee
member's term. The governor shall appoint members from among the persons nominated. (4)(3) The appointed members shall serve staggered terms of 3 years. The initial appointments shall be are as follows: two
members for 1-year terms, two members for 2-year terms, and three members for 3-year terms. (5)(4) The committee is allocated to the department of agriculture for administrative purposes only as prescribed in
Section 2. Section 80-6-1102, MCA, is amended to read:
"80-6-1102. Definitions. As used in this part, the following definitions apply:
(1) "Bee" means any stage in the life cycle of a bee of the species Megachile rotundata (F), commonly known as the alfalfa leaf-cutting bee.
(2) "Certification" means the process of analyzing bees and equipment by the committee to determine whether they meet required standards.
(3) "Chalkbrood" means a fungal disease that attacks larvae of the alfalfa leaf-cutting bee.
(4) "Committee" means the Montana alfalfa
leaf-cutting bee seed committee established in 2-15-3005 2-15-3004.
(5) "Department" means the department of agriculture established in 2-15-3001.
(6) "Equipment" means shelters, trays, incubators, cell removers, tumblers, and other apparatus, except nesting materials, used in rearing bees.
(7) "Nest destroyer" means any organism that competes with the bee larvae for nest provisions.
(8) "Nesting materials" means laminates, drilled boards, and other apparatus used in nesting bees.
(9) "Parasite" means an organism living in or on any stage of the alfalfa leaf-cutting bee obtaining nutriment from the body of the bee.
(10) "Pathogen" means an organism that causes disease in the alfalfa leaf-cutting bee.
(11) "Person" means an individual, association, partnership, or corporation.
(12) "Predator" means any organism or insect that preys on, devours, or destroys bees or nests.
(13) "Wild trap" means to intentionally trap bees on property not owned or leased by the trapper."
NEW SECTION. Section 3. Repealer. Section 2-15-3005, MCA, is repealed.
NEW SECTION. Section 4. Transition. [This act] merges the alfalfa leaf-cutting bee committee into the Montana alfalfa seed committee and revises the membership of the Montana alfalfa seed committee to accommodate the merger. Because there are now incumbents holding positions on both committees, the legislature intends for the governor to make membership adjustments when necessary on and after [the effective date of this act], in accordance with 2-15-3004 as amended by [this act].
NEW SECTION. Section 5. Effective date. [This act] is effective July 1, 1997.