Bill Text: MS SB2383 | 2017 | Regular Session | Engrossed
Bill Title: Agriculture; revise reporting date of commercial fertilizer distributed in the state.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2017-02-28 - Died In Committee [SB2383 Detail]
Download: Mississippi-2017-SB2383-Engrossed.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Agriculture
By: Senator(s) Hudson
Senate Bill 2383
(As Passed the Senate)
AN ACT TO AMEND SECTION 75-47-11, MISSISSIPPI CODE OF 1972, TO REQUIRE ANNUAL REPORTING OF NET TONS OF FERTILIZER DISTRIBUTED IN THE STATE AND PAYMENT of INSPECTION FEES; TO AMEND SECTION 75-47-13, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 75-47-11, Mississippi Code of 1972, is amended as follows:
75-47-11. (1) There shall be paid to the commissioner for all commercial fertilizers distributed in this state an inspection fee at the rate of Twenty-five Cents (25¢) per ton, provided that sales to manufacturers or exchanges between them are hereby exempted. Fees so collected shall be used for the payment of the costs, by act of the Legislature, of inspection, sampling and analysis, and other expenses necessary for the administration of this chapter. On individual packages of commercial fertilizer containing ten (10) pounds or less, there shall be paid in lieu of the annual registration fee of Ten Dollars ($10.00) per brand and grade and the Twenty-five Cent (25¢) per ton inspection fee, an annual registration fee and inspection fee of Fifty Dollars ($50.00) for each brand and grade sold or distributed. Where a person sells commercial fertilizer in packages of ten (10) pounds or less and in packages over ten (10) pounds, this annual registration and inspection fee of Fifty Dollars ($50.00) shall apply only to that portion sold in packages of ten (10) pounds or less, and that portion sold in packages over ten (10) pounds shall be subject to the same inspection fee of Twenty-five Cents (25¢) per ton as provided in this chapter.
(2) Every registrant or
guarantor who distributes a commercial fertilizer in this state shall file with
the commissioner, on forms furnished by the commissioner, * * * an annual statement,
setting forth the number of net tons of each commercial fertilizer distributed
in this state during * * * the previous year. The report shall be due on or
before the thirtieth day of the month following the close of each quarter.
Upon such statement the registrant shall pay the inspection fee at the rate
stated in * * *
subsection (1) of this section.
If the tonnage report is not
filed and the payment of inspection fee is not made within thirty (30) days
after the end of the * * *
reporting year, a collection fee amounting to ten percent (10%) of the
amount, but in no case less than Ten Dollars ($10.00), shall be assessed
against the registrant, and the amount of fees due shall constitute a debt and
become the basis of a judgment against the registrant.
(3) When more than one person is involved in the distribution of a commercial fertilizer, the last person who has the fertilizer registered and who distributes to a nonregistrant, dealer or consumer, is responsible for reporting the tonnage and paying the inspection fee.
SECTION 2. Section 75-47-13, Mississippi Code of 1972, is amended as follows:
75-47-13. All fertilizer
registrants transacting, distributing or selling commercial fertilizer to a
nonregistrant shall file with the commissioner * * * an annual report
showing the county code of the consignee, each grade of commercial fertilizer,
the amounts in tons, the Uniform Fertilizer Tonnage Reporting System (UFTRS)
code, the form in which the fertilizer was distributed (bag, bulk or liquid)
and the use (farm or non-farm). This report of tonnage sold shall be reported
by one (1) of the following methods:
(a) Submitting a summary report on forms furnished by the commissioner; or
(b) Submitting an
electronic disk format or text file acceptable to the UFTRS. Each reporting
method shall be due * * * as set forth in Section 75-47-11(2). No
information furnished to the commissioner under this section shall be disclosed
in such a way as to divulge the methods of operation of any registrant.
SECTION 3. This act shall take effect and be in force from and after July 1, 2017.
