CHAPTER 578
H.P. 1408 - L.D. 1902
An Act To Implement the Recommendations of the Joint Standing Committee on Agriculture, Conservation and Forestry Relating to the Review of Agencies under the State Government Evaluation Act
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 3 MRSA §959, sub-§1, ¶A, as amended by PL 2001, c. 548, §1, is further amended to read:
A. The joint standing committee of the Legislature having jurisdiction over agriculture, conservation and forestry matters shall use the following list as a guideline for scheduling reviews:
(1) Baxter State Park Authority in 2003 2009;
(2) Department of Conservation in 2005;
(3) Blueberry Advisory Committee in 2005;
(4) Board of Pesticides Control in 2005;
(5) Wild Blueberry Commission of Maine in 2005;
(6) Seed Potato Board in 2005;
(7) Maine Dairy and Nutrition Council in 2007;
(8) Maine Dairy Promotions Board in 2007;
(9) Maine Milk Commission in 2007;
(10) State Harness Racing Commission in 2007;
(11) Maine Agricultural Bargaining Board in 2003;
(12) Department of Agriculture, Food and Rural Resources in 2003 2009; and
(13) State Soil and Water Conservation Commission in 2003; and
(14) Land for Maine's Future Board in 2007.
Sec. 2. 7 MRSA §75-A, sub-§6, ¶B, as amended by PL 2001, c. 668, §3, is further amended to read:
B. The Pull Events Commission consists of 11 9 members:
(1) Two members appointed by a statewide association representing owners of draft horses and oxen who participate in pulling events, one member appointed by an association representing owners of oxen who participate in pulling events and one member appointed by an association representing owners of ponies who participate in pulling events;
(2) An agricultural fair coordinator from the department;
(3) One Fair Superintendent appointed by the Maine Association of Agricultural Fairs;
(4) One representative appointed by state humane organizations;
(5) The commissioner or a designated representative;
(6) One member, appointed by the commissioner, representing the general public;
(7) One member, appointed by the commissioner, representing the animal pulling industry; and
(8) One member appointed by the Animal Welfare Advisory Council.
Sec. 3. 7 MRSA §75-A, sub-§6, ¶D, as enacted by PL 2001, c. 421, Pt. B, §4 and affected by Pt. C, §1, is amended to read:
D. With the exception of the commissioner and the fair coordinator, appointments Appointments must be for terms of 2 years. The appointing authority fills a vacancy for a full 2-year term. The appointing authority may remove a commission member for cause, which includes poor attendance. The chair shall make recommendations to the appointing authority concerning a removal.
Sec. 4. 7 MRSA §75-A, sub-§6, ¶G is enacted to read:
G. The agricultural fair coordinator from the department shall serve as secretary to the Pull Events Commission.
Sec. 5. 7 MRSA §2102, as amended by PL 1977, c. 694, §131, is repealed and the following enacted in its place:
§2102. Certification and inspection fee
A grower of potato, vegetable, forage crop or grain seeds may make application to the commissioner for inspection and certification of a crop growing or to be grown in this State. The grower shall provide the commissioner with the location and a description of the land on which the crop is grown and any additional information required by the commissioner. The grower shall enter into an agreement to pay inspection and certification fees determined by the commissioner to cover the cost of inspection and certification. Upon entering into an agreement with a grower, the commissioner or an agent of the commissioner shall list that grower's crops to be inspected and shall inspect and certify the crops in accordance with rules adopted pursuant to this chapter. All certification and inspection fees received in accordance with this section must be deposited in the Certified Seed Fund established in section 2107.
Sec. 6. 7 MRSA §2106, as enacted by PL 1999, c. 4, Pt. E, §1, is amended to read:
§2106. Working capital advance
The State Controller is authorized to advance $300,000 from the General Fund unappropriated surplus to the Division of Plant Industry program in the department Certified Seed Fund established in section 2107 during any state fiscal year, if requested in writing by the Director of the Division of Plant Industry, to be used to provide cash necessary to meet current expenditures of the seed certification program. These funds must be returned to the General Fund unappropriated surplus before the close of the state fiscal year in which the advance was made. The State Controller shall report to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs within 30 days of making any working capital advance for this purpose.
Sec. 7. 7 MRSA §2107 is enacted to read:
There is established the Certified Seed Fund. The fund receives all certification and inspection fees paid in accordance with section 2102 and all other funds received in support of operating a statewide seed certification program. All money deposited in the fund must be used for the management and operation of the seed certification program. Unexpended balances in the fund do not lapse and must be carried forward to be used for the purposes specified in this section. Any interest earned on the revenue deposited in the fund accrues to the fund.
Sec. 8. 10 MRSA §1023-J, first ¶, as amended by PL 2003, c. 120, §3, is further amended to read:
The Agricultural Marketing Loan Fund, referred to in this section as the "fund," is created. The fund must be deposited with and maintained by the Finance Authority of Maine. The fund must be administered by the Commissioner of Agriculture, Food and Rural Resources in accordance with Title 7, chapter 101, subchapter 1-D. All money received by the Finance Authority of Maine from any source for the development and implementation of an improved agricultural marketing loan program must be credited to the fund. Any money credited to the fund from the issuance of bonds on behalf of the State for financing loans for agricultural enterprises may be used only for the following purposes: to provide assistance to agricultural enterprises in this State for the design, construction or improvement of commodity and storage buildings and packing and marketing facilities; for the purchase, construction or renovation of buildings, equipment, docks, wharves, piers or vessels used in connection with a commercial agricultural enterprise; for the purchase of land in connection with development of new cranberry acreage; for the purchase of land for irrigation reservoirs or to provide direct access to water for irrigation; for the purchase of land necessary for the start-up of a new agricultural enterprise; for the expansion of an existing agricultural enterprise when the land acquisition is necessary to comply with land use regulations; for the development of a business plan in accordance with the provisions of Title 7, section 436-A; for improvements to pastureland, including seeding and actions to promote rotational grazing; or, if the commissioner so approves at the time of loan insurance commitment, to pledge money in the fund as security for, and to apply money in the fund to, payment of principal, interest and other amounts due on any term loans insured by the Finance Authority of Maine to an eligible dairy farmer. Repayment of these loans and interest on these loans must be credited to the fund and may be used for the purposes stated in this section or Title 7, section 436. Interest earned on money in the fund and interest earned on loans made from the fund may be used to pay the administrative costs of processing loan applications, to the extent that these costs exceed the fee for administrative costs established by Title 7, section 435, subsection 4.
Sec. 9. Report on Baxter State Park's reservation system. The Baxter State Park Authority shall submit a report to the joint standing committee of the Legislature having jurisdiction over state parks and lands matters no later than January 2, 2006. The report must include a description of the rolling reservation system scheduled to go into effect January 1, 2005, a preliminary evaluation of the effectiveness of the rolling reservation system in fairly and efficiently allocating campsites and any modifications to the rolling reservation system that have been adopted or are being contemplated.
Sec. 10. Appropriations and allocations. The following appropriations and allocations are made.
AGRICULTURE, FOOD AND RURAL RESOURCES,
DEPARTMENT OF
Certified Seed Fund
Initiative: Allocates funds to reflect the establishment of the new Certified Seed Fund program.
Other Special Revenue Funds 2003-04 2004-05
Positions - Legislative Count (0.000) (11.500)
Positions - FTE Count (0.000) (6.149)
Personal Services $0 $567,672
All Other 0 257,379
__________ __________
Other Special Revenue
Funds Total $0 $825,051
Division of Plant Industry 0831
Initiative: Deallocates funds to reflect the establishment of the new Certified Seed Fund program.
Other Special Revenue Funds 2003-04 2004-05
Positions - Legislative Count (0.000) (-11.500)
Positions - FTE Count (0.000) (-6.149)
Personal Services $0 ($567,672)
All Other 0 (257,379)
__________ __________
Other Special Revenue
Funds Total $0 ($825,051)
AGRICULTURE, FOOD AND RURAL RESOURCES,
DEPARTMENT OF
DEPARTMENT TOTALS 2003-04 2004-05
OTHER SPECIAL
REVENUE FUNDS $0 $0
__________ __________
DEPARTMENT TOTAL -
ALL FUNDS $0 $0
Effective July 30, 2004, unless otherwise indicated.
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