[§155D-2] Grants.  (a)  Applications for grants by qualified producers shall besubmitted [on] a form furnished by the department and shall be filed withaccompanying documentation of animal feed costs; provided that:

(1)  The applicant shallcomply with applicable federal and state laws prohibiting discriminationagainst any person on the basis of race, color, national origin, religion,creed, sex, age, sexual orientation, or disability;

(2)  The applicant shallhave applied for or received all applicable licenses or permits;

(3)  The applicant shallindemnify and hold harmless the State and its officers, agents, and employeesfrom all claims arising out of or resulting from the feed purchased;

(4)  The subsidy shall notbe allowed within a fiscal quarter if the flock or herd size falls five percent or more below the required minimum of:

(A)  Three thousandbirds;

(B)  Three hundredfifty cows;

(C)  Fifty sows inany two months of the applicable fiscal quarter; or

(D)  One hundredfinished beef cattle annually;

(5)  The grant shall notexceed a total of $250,000 per qualified producer per year; and

(6)  The department mayrequest an applicant to provide necessary information for the purposes ofverifying flock or herd size and feed purchases.

(b)  Documentationof animal feed costs, as requested by the department, shall be filed for feedpurchased within the immediate preceding fiscal quarter of filing and shall beeffective for feed costs incurred after July 1, 2007.

(c)  The applicantshall submit a quarterly financial statement of farm revenues and expensesalong with other supporting documents as deemed necessary by the department,and filed with the documentation of the feed costs.  An annual financialstatement shall be filed with the department within ninety days following theclose of the business' fiscal year after June 28, 2007 for final reconciliationof any reimbursement paid during the previous three quarters within the fiscalyear.  The financial statements shall be certified as accurate by the applicantand the preparer of the financial statement on forms prepared by thedepartment.

(d)  Funds shall bedisbursed upon approval by the department to the qualifying producer for up to:

(1)  Sixty per cent of thefeed costs incurred for production of poultry products;

(2)  Forty per cent of thefeed costs incurred for milk production;

(3)  Fifty per cent of thefeed costs incurred for pigs raised in Hawaii and slaughtered for localconsumption; or

(4)  Fifty per cent of thefeed costs for beef cattle raised in Hawaii and slaughtered in Hawaii for local consumption.

(e)  Feed costsshall be limited to only the feed fed to the qualifying flock or herd and shallnot include the feed purchases for resale or gift, or the cost oftransportation to Hawaii.  In no case shall costs be reimbursed to a qualifiedproducer when, after evaluation and verification by the department, thedepartment determines that the amount of reimbursement will result in an annualprofit of more than:

(1)  Twelve per cent for milkproducers;

(2)  Eight per cent forpoultry producers;

(3)  Eight per cent forpork producers; or

(4)  Eight per cent forbeef producers. [L 2007, c 221, pt of §2]

 

Revision Note

 

  "June 28, 2007" substituted for "the effectivedate of this Act".