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
Maine Legislature, Session 121, LD 1902
Amends: 3 MRSA §959, 7 MRSA §75-A, 7 MRSA §2102, 7 MRSA §2106, 7 MRSA §2107, 10 MRSA §1023-J

Legislative Document 
No. 1902 
H.P.1408 
House of Representatives, March 3, 2004 
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 
Reported by Representative McKEE of Wayne for the Joint Standing Committee on 
Agriculture, Conservation and Forestry, pursuant to the Maine Revised Statutes, Title 3, 
chapter 35, section 955, subsection 4 and Resolve 2003, chapter 101, section 3. 
Printed on recycled paper 
!7l~ 
1?7./l?d£~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 3 MRSA §959, sub-§I, ,A, as amended by PL 2001, c. 
548, §l, 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 6gg~ 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 6gg~ ~; and 
+la}--~~~-S9il-~-~~~-~eR5e£¥a~ieR-~~~~-iH 
6gg~f-aHa 
(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 ~ 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; 
t6+---~--~~~~~~~---EaiF--~~bGat~r--~~~--~Re 
ae!laE'~meR~'" 
(3) 
One Fair Superintendent appointed by the Maine 
Association of Agricultural Fairs; 
(4) 
One 
representative 
appointed 
by 
state 
humane 
organizations; 
(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. 
Wi~:R- -t-he- --e-K-€-ept.-itffi- -€IE- - -t-he- --€€lmm-i-s-s-ieReF- -&:a4 - ~-he- - E ai Ii' 
eeeE'aiRa~e~r-appeiB~meB~S Appointments must be for terms of 
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 reguired 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 9i¥i&i~~-e~-PlaR~ 
*RQ~SE~y--~~~--~~--~~€---Qe~a~EffieRE 
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 wi thin 30 days of making any working capital 
advance for this purpose. 
Sec. 7. 7 MRSA §2107 is enacted to read: 
§Z107. 
Certified Seed Fund 
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 1[, 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 
10L 
subchapter 1-0. 
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 
Ti tIe 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, 
DEPAR'l"MERT OF 
Certified Seed Fund 
Initiative: 
Allocates funds to reflect the establishment of the 
new Certified Seed Fund program. 
Other Special Revenue Funds 
positions - Legislative Count 
Positions -
FTE Count 
Personal Services 
All Other 
Other Special Revenue Funds Total 
2003-04 
(0.000) 
(0.000) 
$0 
o 
$0 
2004-05 
(11.500) 
(6.149) 
$567,672 
257,379 
$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 
Positions - Legislative Count 
positions -
FTE Count 
Personal Services 
All Other 
Other Special Revenue Funds Total 
AGRICULTURE, FOOD AND RURAL RESOURCES, 
2003-04 
(0.000) 
(0.000) 
$0 
a 
$0 
2004-05 
(-11. 500) 
(-6.149) 
($567,672) 
(257,379) 
($825,051) 
DEPARTMENT OF 
DEPAR'l"MERT "l'O'I'ALS 
2003-04 
2004-05 
OTIIER SPECIAL REVENUE FUNDS 
$0 
$0 
DEPAR'l"MERT "l'O'I'AL -
ALL FUNDS 
$0 
$0 
SUMMARY 
This bill is the report of the Joint Standing Committee on 
Agriculture, Conservation and Forestry. 
It does the fOllowing. 
1. 
It establishes future report dates for 
by 
the 
committee 
this 
session 
under 
the 
Evaluation Act. 
It deletes a reference to the 
State Soil and Water Conservation Commission. 
agencies reviewed 
State 
Government 
recently abolished 
2. 
It removes employees of the Department of Agriculture, 
Food and Rural Resources 
from the Pull Events Commission and 
provides 
for 
the 
agricultural 
fair 
coordinator 
within 
the 
department to serve as secretary to the commission. 
3. 
It establishes a separate dedicated account to receive 
seed certification and inspection fees and other funds received 
in support of a state seed certification and inspection program. 
4. 
It allows loans from the Agricultural Marketing Loan 
Fund to be used to improve pastureland. 
5. 
It directs the Baxter State Park Authority to report to 
the joint standing committee having jurisdiction over parks and 
public lands matters in 2006 on the implementation of the rolling 
reservation system for Baxter State Park. 
6. 
It adds an appropriations and allocations section.