Date: 03/04/2009

Final
BILL SUMMARY for SB09-114

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Votes: View--> Action Taken:
Moved a conceptual amendment to restore the origin
Moved to refer House Bill 09-114, as amended, to t		PASS
PASS



02:09 PM -- Senate Bill 09-114

Representative Sonnenberg, prime sponsor presented Senate Bill 09-114 concerning the continuation of the authority of the Department of Agriculture to regulate the sale of agricultural products, and regulating farm products and commodity warehouses. The bill continues the Farm Products Act and Commodity Handler Act until July 1, 2020. Changes to the regulation of farm products and commodity warehouses by the Department of Agriculture include: allowing the Commissioner of Agriculture unimpeded access to a licensee's property and records; authorizing the commissioner to establish licensing dates; requiring farm products cash buyers to pay the same license fees as small-volume dealers; allowing small-volume dealers to sell farm products and commodities; repealing the commodity handler agent license classification; and allocating civil fines to the General Fund.


02:10 PM -- Steve Bormann, Department of Agriculture, explained the recommendations made by DORA (Attachment C). Mr. Bormann also discussed how the provisions in the bill are funded.

090304AttachC.pdf

02:14 PM

The committee discussed whether fines should be credited to the General Fund and how the program is funded. The committee considered whether there ought to be an amendment changing where fines through the program should be directed.

02:14 PM

Saul Larson, DORA, explained that it is standard for DORA to recommend that fines be remitted to the General Fund. The committee continued to discuss funding the program through the General Fund and cash funds and the reasoning behind the funding split.


02:18 PM

The committee discussed a conceptual amendment to restore the original language on page seven of the bill to direct fines to the Inspection and Consumer Services Cash Fund instead of the General Fund.


02:20 PM

Tom Morris, Office of Legislative Legal Services, recommended language in the bill that should be struck to restore the original language that directs fines to the Inspection and Consumer Services Cash Fund.


02:24 PM

The committee discussed the philosophy behind sending fines to the General Fund rather than to cash funds so that there is not an incentive for departments to issue fines.

BILL:SB09-114
TIME: 02:29:22 PM
MOVED:Sonnenberg
MOTION:Moved a conceptual amendment to restore the original language in the bill in sections 11 and 12 on pages six and seven. The motion passed on a 11-1 roll call vote.
SECONDED:Gardner C.
VOTE
Gardner C.
Yes
Hullinghorst
Yes
Labuda
No
Looper
Yes
McKinley
Yes
McNulty
Yes
Pace
Excused
Solano
Yes
Sonnenberg
Yes
Tipton
Yes
Vigil
Yes
Fischer
Yes
Curry
Yes
Not Final YES: 11 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:SB09-114
TIME: 02:32:56 PM
MOVED:Sonnenberg
MOTION:Moved to refer House Bill 09-114, as amended, to the Committee of the Whole. The motion passed on a 13-0 roll call vote.
SECONDED:Tipton
VOTE
Gardner C.
Yes
Hullinghorst
Yes
Labuda
Yes
Looper
Yes
McKinley
Yes
McNulty
Yes
Pace
Yes
Solano
Yes
Sonnenberg
Yes
Tipton
Yes
Vigil
Yes
Fischer
Yes
Curry
Yes
Not Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS



The committee discussed where fines are remitted in other sunset bills.