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An Act To Amend the Laws Governing the Maine Potato Board
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas,  it is imperative that this legislation take effect immediately because the increase in the potato tax proposed in this legislation is scheduled to take effect September 1, 2011; and
Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 36 MRSA §4603, sub-§5, as amended by PL 2005, c. 176, §2, is further amended to read:
 
5. Meetings of executive councils and assemblies.   Executive councils shall annually elect officers, including a chair, vice-chair and secretary. Each executive council shall hold meetings from time to time, no less than 2 timesonce a year, upon call of the executive council chair, a majority of the executive council or upon call of the board. Each assembly shall hold meetings from time to time, no less than once a year, upon call of a majority of its executive council or upon call of the board, providedexcept that district assemblies of growers may hold these meetings jointly in statewide sessions or in concert with other assemblies or groups of assemblies. All meetings of assemblies and executive councils must be open to the public and otherwise in compliance with Title 1, chapter 13.
Sec. 2. 36 MRSA §4603, sub-§6, as enacted by PL 1985, c. 753, §§14 and 15, is amended to read:
 
6. Composition of the board.   The board's members shall be selected fromboard consists of the executive councils as follows.following members:
 
A. Two members shall be elected by the executive council of the tablestock growers' assemblies, providedexcept that no dealer may serve in this capacity.;
 
B. Two members shall be elected by the executive council of the seed growers' assemblies, providedexcept that no dealer may serve in this capacity.;
 
C. Two members shall be elected by the executive council of the processing growers' assemblies, providedexcept that no dealer may serve in this capacity.;
 
D. Three members shall beOne member elected by the executive council of the dealers' assembly, provided that at least one dealer member must also be a potato grower.;
 
E. Two members shall be elected by the executive council of the processors' assembly.;
 
F.  The immediate past president of the board; and
 
G.  One grower member elected at large from all growers.
 
In the event of the permanent disqualification or resignation of a board member, the executive council responsible for electing that member shall elect a replacement for the balance of the term remaining.
Sec. 3. 36 MRSA §4603, sub-§8, as enacted by PL 1985, c. 753, §§14 and 15, is amended to read:
 
8. Board meetings.   A regular annual meeting of the board shallmust be held on a date determined by the board. Other meetings, of which shallthere must be at least monthly6 per year, with the exception of the months of May and September, shall bemay be held upon call of the chairmanchair or of a majority of the board or by vote of the board. A majority of the board's members shall constituteconstitutes a quorum at any board meeting. The vote of a majority of board members present shall constituteconstitutes the act of the board at a meeting where a quorum is present. All board meetings shallmust be open to the public and shallmust be in compliance with Title 1, chapter 13, except as otherwise provided in this chapter.
Sec. 4. 36 MRSA §4605, sub-§1, as enacted by PL 1985, c. 753, §§14 and 15, is amended to read:
 
1. Rate.   A tax is levied and imposed at the rate of $.05$.06 per hundredweight, effective September 1, 2011, on all potatoes grown in this State, providedexcept that no tax may be imposed on any potatoes whichthat are retained by the grower to be used by himthe grower for seed purposes or for home consumption and provided further that no tax may be imposed on any potatoes received by a processor whichthat are certified as unmerchantable by a federal state inspector.
Emergency clause.  In view of the emergency cited in the preamble, this legislation takes effect when approved.
 
SUMMARY
This bill makes revisions to the laws governing the Maine Potato Board. The bill changes the meeting requirements of the board and the membership of the board and increases the potato tax from $.05 to $.06 per hundredweight.