SB 3027 by *Gresham


(HB 3263) by *Halford


Show Caption Text

Agriculture - As enacted, revises various provisions of the Agriculture Commodities Promotion Act, including provisions requiring certain reports by purchasers and provisions governing the membership of the beef promotion board. - Amends TCA Title 43, Chapter 29, Part 1.
Companion bill has been assigned Public Chapter Number 1049 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For SB3027Date
    Comp. became Pub. Ch. 104905/29/2012
    Am. withdrawn.(Amendment 1 - SA1049)04/26/2012
    Comp. HB Subst (sends SB to dead bill file)04/26/2012
    Placed on Senate Regular Calendar cal. for 4/26/201204/25/2012
    S. Reset on cal. for 4/26/201204/25/2012
    Placed on Senate Regular Calendar cal. for 4/25/201204/24/2012
    S. Reset on cal. for 4/25/201204/24/2012
    Placed on Senate Regular Calendar 2 cal. for 4/24/201204/20/2012
    Rec. For Pass. ref. to: S. Cal. Comm.04/17/2012
    Placed on S. FW&M Comm. cal. for 4/17/201204/11/2012
    Action Def. in S. F,W&M Comm. to 4/17/2012 04/10/2012
    Placed on S. FW&M Comm. cal. for 4/10/201204/04/2012
    Rec. for pass. w/ am., ref. to S. FW&M Comm. Ayes 8, Nays 0 PNV 003/27/2012
    Placed on S. C,L&A Comm. cal. for 3/27/201203/21/2012
    Action Def. in S. C,L&A Comm. to 3/27/201203/20/2012
    Placed on S. C,L&A Comm. cal. for 3/20/201203/14/2012
    Action Def. in S. C,L&A Comm. to 3/20/201203/13/2012
    Placed on S. C,L&A Comm. cal. for 3/13/201203/09/2012
    Action Def. in S. C,L&A Comm. to 3/13/201203/06/2012
    Placed on S. C,L&A Comm. cal. for 3/6/201202/29/2012
    P2C, ref. to S. C,L&A Comm.01/30/2012
    Intro., P1C.01/26/2012
    Filed for intro.01/25/2012
    Actions For HB3263Date
    Pub. Ch. 1049 05/29/2012
    Effective date(s) 05/21/12; 07/01/1205/29/2012
    Signed by Governor.05/21/2012
    Transmitted to Governor for his action.05/09/2012
    Signed by S. Speaker05/08/2012
    Signed by H. Speaker05/03/2012
    Enrolled; ready for sig. of H. Speaker.05/03/2012
    H. concurred in S. am. no. 2, Ayes 89, Nays 0 04/27/2012
    H. Placed on Message Calendar for 4/27/201204/26/2012
    Passed S. as am., Ayes 32, Nays 004/26/2012
    S. adopted am. 2 04/26/2012
    S. Subst. HB for comp. SB.04/26/2012
    Rcvd. from H., P1C.03/26/2012
    Engrossed; ready for transmission to Sen.03/22/2012
    Passed H., as am., Ayes 96, Nays 0 03/22/2012
    H. adopted am.(Amendment 1 of 0 - HA0846)03/22/2012
    H. Placed on Regular Calendar for 3/22/201203/15/2012
    Placed on cal. Calendar & Rules Committee for 3/15/201203/14/2012
    Rec. for Pass. if Am. ref. to: Calendar & Rules Committee03/13/2012
    Placed on cal. Agriculture Committee for 3/13/201203/07/2012
    Action Def. in Agriculture Committee to 3/13/201203/06/2012
    Placed on cal. Agriculture Committee for 3/6/201202/29/2012
    Action Def. in Agriculture Committee to 3/6/201202/28/2012
    Placed on cal. Agriculture Committee for 2/28/201202/22/2012
    P2C, ref. to Agriculture Committee01/30/2012
    Intro., P1C.01/26/2012
    Filed for intro.01/25/2012
  • AmendmentsFiscal Memos
    SA1049Amendment 1-1 to SB3027Fiscal Memo for SA1049 (15442)  
    SA1264Amendment 2- to SB3027 
    AmendmentsFiscal Memos
    HA0846Amendment 1-1 to HB3263Fiscal Memo for HA0846 (14486)  

    NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

  • Videos containing keyword: SB3027

  • Fiscal Summary

    (CORRECTED) NOT SIGNIFICANT


    Bill Summary

    This bill, as described below, revises various provisions of the Agriculture Commodities Promotion Act, including provisions regarding: the assessment of levies on commercial producers of beef, pork and eggs for commodity promotion boards; the annual reports of such boards; and the membership of the beef promotion board.

    Generally, present law allows commercial producers of beef, pork and eggs to levy upon themselves an assessment on such products for use by a promotion board to finance a program of promotion, advertising and research designed to increase the consumption, use and sale of agricultural commodities in domestic as well as foreign markets. If a group of qualified producers agree by referendum to levy such assessment on themselves, then the assessed rate must be deducted by the purchaser from the amount paid to the producer at the first point of sale. A "purchaser" is any dealer or processor who purchases or receives such commodity from producers on a commercial basis. Within 10 days after the end of each calendar month, each purchaser must submit to the department of agriculture the total amount of funds withheld from producers. On or before the 20th day of January, April, July and October of each year, the commissioner of agriculture must pay to the promotion board for that particular commodity all proceeds collected, less refunds and less an amount of up to 5 percent of the gross amount collected, or a sum sufficient to cover all of the department's expenses of collection, whichever is less, together with a report of all funds collected and disbursed.

    This bill redefines "purchaser" to mean any person who purchases or receives such commodity from producers. This bill revises the above requirement that within 10 days after the end of each calendar month, each purchaser must submit to the department the total amount of funds withheld from producers to instead require each purchaser to submit to the department or to the department's contractor or designee the total amount of funds withheld from producers on or before a date specified by the commissioner. This bill specifies that the assessment levied on each head of cattle sold would not apply to cattle purchased by a purchaser whose only share in the proceeds of a sale is a sales commission or handling fee or other service fee and who has delivered the cattle to facilitate the transfer of ownership from the seller and a third party. Such cattle must be resold within 10 days from the date on which the person acquired ownership, with certification made to the department.

    Present law requires each commodity promotion board to file each January with the commissioner an annual report of the board's activities. This bill requires that such annual report be filed "on or before the date specified by the commissioner," instead of "each January."

    Under present law, the Tennessee beef promotion board is composed of nine members who are producers of beef animals in the state and are appointed by the commissioner to serve for terms of three years. The commissioner is an ex officio nonvoting member of the board. No board member may serve more than two consecutive three-year terms unless that member does not serve as a board member for at least one full year after serving two consecutive three-year terms. The Tennessee Farm Bureau Federation, the Tennessee Livestock Association, the Tennessee Livestock Auction Market Association and any officially recognized purebred beef cattle producer association must submit the names of beef producers to the commissioner, who must appoint three members from the nominations submitted by the Tennessee Farm Bureau Federation, three members from the nominations submitted by the Tennessee Livestock Association, one member from the nominations submitted by the Tennessee Livestock Auction Market Association, and two members from the nominations submitted by the officially recognized purebred beef cattle producer associations.

    This bill rewrites the above provisions regarding the Tennessee beef promotion board to instead require that the board be composed of 12 members, to be appointed by the commissioner to serve for terms of three years. All 12 members must be producers of beef animals or representatives of the beef industry in the state. The commissioner or the commissioner's designee would be an ex officio nonvoting member of the board. The board would be the current Tennessee beef industry council, as certified under federal regulations. Vacancies that occur must be filled by the commissioner from individuals nominated by the organizations that are currently represented on the board of directors of the Tennessee beef council and in the current representation ratios.

    ON MARCH 22, 2012, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 3263, AS AMENDED.

    AMENDMENT #1 removes the provision of the bill that would have redefined "purchaser" in the Agriculture Commodities Promotion Act.

    ON APRIL 26, 2012, THE SENATE SUBSTITUTED HOUSE BILL 3263 FOR SENATE BILL 3027, ADOPTED AMENDMENT #2, AND PASSED HOUSE BILL 3263, AS AMENDED.

    AMENDMENT #2 clarifies that the current board of directors of the Tennessee beef industry council will serve as the members of the Tennessee beef promotion board and that vacancies will be filled by the commissioner from individuals nominated by the organizations that are represented on the board of directors of the Tennessee beef council and in the same representation ratios.

  • FiscalNote for SB3027/HB3263 filed under SB3027
  • House Floor and Committee Votes

    HB3263 by Halford - FLOOR VOTE: CONCUR IN SENATE AMENDMENT # 2 4/27/2012
    Passed
              Ayes...............................................89
              Noes................................................0

              Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Brown, Butt, Campbell, Camper, Carr, Casada, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Favors, Fitzhugh, Fitzhugh, Floyd, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harrison, Harwell, Hawk, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson C, Johnson P, Keisling, Kernell, Lollar, Lundberg, Maggart, Marsh, Matheny, Matlock, McCormick, McCormick, McDaniel, McDaniel, McDonald, McManus, Miller D, Miller L, Montgomery, Moore, Naifeh, Niceley, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Richardson, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sparks, Stewart, Swann, Tidwell, Todd, Towns, Turner J, Turner M, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Mr. Speaker Harwell, Mr. Speaker Naifeh, Mr. Speaker Williams K -- 89.

    HB3263 by Halford - FLOOR VOTE: AS AMENDED PASSAGE ON THIRD CONSIDERATION 3/22/2012
    Passed
              Ayes...............................................96
              Noes................................................0

              Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Brown, Butt, Campbell, Camper, Carr, Casada, Casada, Cobb, Coley, Cooper, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Favors, Fitzhugh, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harrison, Harwell, Hawk, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson C, Johnson P, Jones S, Keisling, Kernell, Lollar, Lundberg, Maggart, Marsh, Matheny, McDaniel, McDaniel, McDonald, McManus, Miller D, Miller L, Montgomery, Moore, Naifeh, Niceley, Odom, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Richardson, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Tindell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Mr. Speaker Harwell, Mr. Speaker Naifeh, Mr. Speaker Williams K -- 96.

              HB3263 by Halford - HOUSE CALENDAR & RULES COMMITTEE:
    Recommended for passage - refer to: House Regular Calendar 1 3/15/2012
              Voice Vote - Ayes Prevail

              HB3263 by Halford - HOUSE AGRICULTURE AND NATURAL RESOURCES COMMITTEE:
    Recommended for passage w/amendments- refer to: Calendar & Rules Committee 3/13/2012
              Voice Vote - Ayes Prevail

    Senate Floor and Committee Votes

    Senate moved to substitute and conform to HB3263

    HB3263 by Halford - FLOOR VOTE: THIRD CONSIDERATION AMENDED 4/26/2012
    Passed
              Ayes...............................................32
              Noes................................................0

              Senators voting aye were: Barnes, Beavers, Bell, Berke, Burks, Campfield, Crowe, Faulk, Finney L, Ford, Gresham, Harper, Haynes, Henry, Johnson, Kelsey, Ketron, Kyle, Marrero, Massey, McNally, Norris, Overbey, Ramsey, Roberts, Southerland, Stewart, Summerville, Tate, Tracy, Watson, Yager, Mr. Speaker McNally, Mr. Speaker Ramsey -- 32.

    SB3027 by Gresham - SENATE FINANCE, WAYS AND MEANS COMMITTEE:
    Recommended for passage - refer to: S. Cal. Comm. 4/17/2012
    Passed
              Ayes...............................................11
              Noes................................................0

              Senators voting aye were: Finney L, Gresham, Haynes, Henry, Kelsey, Ketron, Kyle, McNally, Norris, Overbey, Watson, Mr. Speaker McNally -- 11.

    SB3027 by Gresham - SENATE COMMERCE AND LABOR COMMITTEE:
    Recommended for passage w/amendments- refer to: S. FW&M Comm. 3/27/2012
    Passed
              Ayes................................................8
              Noes................................................0

              Senators voting aye were: Beavers, Burks, Faulk, Gresham, Johnson, Southerland, Tate, Tracy -- 8.