12mar03... 0576h

5jun03... 1989eba

2003 SESSION

03-0920

08/01

HOUSE BILL 728-FN-A

COMMITTEE: Environment and Agriculture

AMENDED ANALYSIS

This bill establishes a dedicated fund for organic certification inspections, and prospectively repeals the fund on July 1, 2007.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12mar03... 0576h

5jun03... 1989eba

03-0920

08/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

Be it Enacted by the Senate and House of Representatives in General Court convened:

177:1 Certification; Section Heading Amended. Amend the section heading of RSA 426:6-b to read as follows:

426:6-b Certification; Fund Established.

177:2 New Paragraphs; Certification Inspections; Funds Established. Amend RSA 426:6-b by inserting after paragraph III the following new paragraphs:

IV. There is hereby established in the office of the state treasurer a fund to be known as the organic processors and handlers certification inspection fund. All revenues generated from fees for the certification and inspection of organic processors and handlers adopted by rule pursuant to RSA 426:8 shall be deposited in the fund. The fund shall only be used to support the certification and inspection of organic processors and handlers by the commissioner. The state treasurer may invest moneys in the fund as provided by law and all interest received on such investment shall be credited to the fund. The commissioner shall be authorized to accept grants, gifts, and donations from any public or private sources for deposit in the fund. Moneys in the fund shall be continually appropriated to the commissioner. Any moneys in the fund at the end of each biennium in excess of $5,000 shall lapse to the general fund.

V. The commissioner shall prepare and submit to the pertinent house and senate policy and finance committees by October 1 of each year, beginning in 2004, a report detailing the generation and use of moneys in the organic processors and handlers certification inspection fund during the prior fiscal year.

177:3 Rulemaking. Amend RSA 426:8 to read as follows:

426:8 Rulemaking; Fees. The commissioner may adopt rules, pursuant to RSA 541-A, for carrying out the provisions of this chapter, including the fixing of fees for inspections and certifications authorized by RSA 426:6-b and RSA 426:7. Such fees shall be credited to the general funds of the state, except as provided in RSA 426:6-b, IV.

177:4 New Subparagraph; Application of Funds. Amend RSA 6:12, I by inserting after subparagraph (lllllllll) the following new subparagraph:

(mmmmmmmmm) Moneys received pursuant to RSA 426:6-b, which shall be credited to the organic processors and handlers certification inspection fund established in RSA 426:6-b, IV.

177:5 Certification; Section Heading Amended. Amend the section heading of RSA 426:6-b to read as follows:

426:6-b Certification[; Fund Established].

177:6 Rulemaking. Amend RSA 426:8 to read as follows:

426:8 Rulemaking; Fees. The commissioner may adopt rules, pursuant to RSA 541-A, for carrying out the provisions of this chapter, including the fixing of fees for inspections and certifications authorized by RSA 426:6-b and RSA 426:7. Such fees shall be credited to the general fund of the state[, except as provided in RSA 426:6-b, IV].

177:7 Repeal. The following are repealed:

I. RSA 426:6-b, IV and V, relative to the organic processors and handlers certification inspection fund.

II. RSA 6:12, I(mmmmmmmmm), relative to the organic processors and handlers certification inspection fund.

177:8 Effective Date.

I. Sections 5-7 of this act shall take effect July 1, 2007.

II. The remainder of this act shall take effect 60 days after its passage.

(Approved: June 23, 2003)

(Effective Date: I. Sections 5-7 shall take effect July 1, 2007.