Introduced Version
Senate Bill 202 History
OTHER VERSIONS -
Committee Substitute (2)
|
Enrolled Version - Final Version
|
Committee Substitute (1)
|
| Email
Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 202
(By Senator Kessler (Mr. President), Fitzsimmons, Beach, Miller,
Laird, Nohe and Stollings)
____________
[Introduced February 18, 2013; referred to the Committee on
Agriculture and Rural Development; and then to the Committee on
Finance .]
____________
A BILL to amend and reenact §19-14-5 of the Code of West Virginia,
1931, as amended; and to amend said code by adding thereto a
new article, designated §19-20C-1, §19-20C-2, §19-20C-3, §19-
20C-4 and §19-20C-5, all relating to creating and funding the
Spay Neuter Assistance Fund; defining the purposes of the
fund; requiring bookkeeping standards and annual reporting;
and increasing certain commercial and pet feed registration
fees.
Be it enacted by the Legislature of West Virginia:
That §19-14-5 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that said code be amended by adding
thereto a new article, designated §19-20C-1, §19-20C-2, §19-20C-3, §19-20C-4 and §19-20C-5, all to read as follows:
ARTICLE 14. WEST VIRGINIA COMMERCIAL FEED LAW.
§19-14-5. Permits; registration.
(a) Permits and registrations shall not be are not
transferrable with respect to persons or locations.
(b) A person must apply for a permit or registration at least
fifteen days prior to before the expiration of the current permit
or registration expires; or at least fifteen days prior to before
the date that the person intends to engage in business or market
products in this state. All applications shall be accompanied by
the fee established in this section. A penalty of $2 as provided
by rule of the Department of Agriculture shall be added to the fee
for all permits or registrations that are not applied for or
renewed within the time limit.
(c) Persons manufacturing commercial feed or customer-formula
feed in this state must obtain a Commercial Feed Manufacturing
Permit, except all persons manufacturing feed for only his/her his
or her animals on his/her his or her premises. Application forms
shall be provided by the commissioner and include such information
as established by rules. A separate permit shall be obtained for
each manufacturing facility or location in this state. Each
Commercial Feed Manufacturing Permit application shall be
accompanied by an application fee of $15. Each permit issued shall expire expires on December 31 next following the date of issue.
(d) Each person first distributing commercial feed into West
Virginia trade channels must obtain a Commercial Feed Distributor
Permit, except: (1) Persons distributing pet food exclusively, (2)
persons holding a valid Commercial Feed Manufacturing Permit, and
(3) persons distributing only those feeds that they register.
Application forms shall be provided by the commissioner and include
such information as established by rules. Each Commercial Feed
Distributor Permit application shall be accompanied by an
application fee of $10. Each permit issued shall expire expires on
December 31 next following the date of issue.
(e) All commercial feed distributed or used in this state,
except customer-formula feed, must be registered. Commercial feed
that can be uniquely identified by its brand name, product name,
physical form or other descriptive term shall be registered as a
separate product. Commercial feed that is packaged in such weights
as to apply to several categories shall be registered in each
applicable category. Application forms shall be provided by the
commissioner and include such information as established by rules.
(1) Commercial feed, other than pet food, in packages over ten
pounds or bulk shall be registered permanently. A registration fee
of $10 per product shall accompany each application for
registration, except that there will be no fee for a revision of a commercial feed already on file that involves a change in the net
weight, a change in the list of ingredients, and/or a change in the
guarantee for vitamins or minerals.
(2) On August 31, 1991, permanent registrations for pet food
in packages over ten pounds are void and application for
registration and payment of fees will be required. Pet food,
including specialty pet foods, in packages over ten pounds or bulk
shall be registered annually. A registration fee of $50 $75 per
product shall accompany each application for registration and $25
of the registration shall be deposited in the Spay Neuter
Assistance Fund created by section one, article ten twenty-c of
this chapter. The registration shall expire expires on August 31
next following the date of issue.
(3) Commercial feed, excluding specialty pet food in packages
of one pound or less, in packages of ten pounds and under shall be
registered annually. A registration fee of $40 $50 per product
shall accompany each application for registration and $10 of the
registration shall be deposited in the Spay Neuter Assistance Fund
created by section one, article twenty-c of this chapter. The
registration shall expire expires on December 31 next following the
date of issue.
(4) Specialty pet food, in packages of one pound or less shall
be registered annually. A registration fee of $20 per product shall accompany each application for registration. The
registration shall expire expires on December 31 next following the
date of issue.
(f) A person is not required to register any brand name or
product name of commercial feed which is already registered by
another person.
(g) Alteration of commercial feed that changes the label
requires a new application for a Commercial Feed Registration be
made and approved before distribution.
ARTICLE 20C. SPAY NEUTER ASSISTANCE FUND.
§19-20C-1. Fund created; administration of funds.
(a) There is created in the State Treasury a special revenue
account to be designated the "Spay Neuter Assistance Fund" which
shall be an interest-bearing account that may be invested and
retain all earnings.
(b) All moneys received and collected pursuant to this article
shall be deposited into the "Spay Neuter Assistance Fund".
Expenditures from the fund shall be exclusively for the purposes
set forth in this article.
(c) Nothing in this article may be construed to mandate
additional funding to the Spay Neuter Assistance Fund or to require
any additional appropriations by the Legislature.
§19-20C-2. Purpose of fund.
The purposes of the fund is to provide funding to the Spay
Neuter Assistance Program of West Virginia, Inc., a 26 U.S.C.
§501(c)(3) nonprofit corporation. All moneys shall be used by the
Spay Neuter Assistance Program of West Virginia, Inc. for the
purpose of funding spay neuter programs throughout West Virginia in
order to decrease the number of animals euthanized in West Virginia
animal shelters.
§19-20C-3. Contents of fund.
The fund consists of moneys from specific statutory references
in this article, gifts, donations and any additional appropriations
by the Legislature.
§19-20C-4. Records and annual report.
The Spay Neuter Assistance Program of West Virginia, Inc.
shall maintain a separate checking account and separate bookkeeping
procedure for all moneys received from the fund. The Spay Neuter
Assistance Program of West Virginia, Inc. shall file an annual
report with the Department of Agriculture no later than January 31,
of each year detailing expenditures of all money from the fund
during the previous calendar year.
§19-20C-5. Commercial feed fees.
As stated in section five, article fourteen of this chapter,
certain commercial feed registration fees shall be deposited into
the Spay Neuter Assistance Fund created in section one of this article.
NOTE: The purpose of this bill is
to create and fund the Spay
Neuter Assistance Fund. The bill defines the purposes of the fund
and requires bookkeeping standards and annual reporting. The bill
also increases certain commercial and pet feed registration fees.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
Article 20C is new; therefore, strike-throughs and
underscoring have been omitted.