An Act To Make Changes to the Laws Governing the Maine Potato Board
Maine Legislature, Session 122, LD 0503
Committee: Agriculture, Conservation and Forestry
Sponsors: LUNDEEN, MARTIN, CHURCHILL, FISCHER, FISHER, GOLDMAN, TWOMEY, WHEELER
Amends: 36 MRSA §4602, 36 MRSA §4603, 36 MRSA §4604, 36 MRSA §4606

Legislative Document 
No. 503 
H.P.378 
House of Representatives, February 1,2005 
An Act To Make Changes to the Laws Governing the Maine Potato 
Board 
(EMERGENCY) 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
Presented by Representative LUNDEEN of Mars Hill. 
Cosponsored by Senator MARTIN of Aroostook and 
'11/~/J1.~~ 
MllLICENT M. MacFARLAND 
Clerk 
Representatives: CHURCHILL of Washburn, FISCHER of Presque Isle, FISHER of Brewer, 
GOLDMAN of Cape Elizabeth, TWOMEY of Biddeford, WHEELER of Kittery. 
Printed on m:yclcd paper 
Emergency preamble. Whereas. acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, this 
legislation 
makes 
governing the Maine Potato Board; and 
changes 
to 
the 
laws 
Whereas, it is critical to the proper functioning of the 
Maine Potato Board that these changes be implemented immediately; 
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 §4602. sub-§4. as enacted by PL 1985, c. 753, 
§§14 and 15, is amended to read: 
4. 
Potatoes. 
"Potatoes" means and includes all potatoes, 
whether 
graded or ungraded, 
including all potatoes 
sold for 
proces sing into f oodT-~t;. -.ooe.&-- Re-1;.--i:ael-I*s&- -po-t.-a-t.-<H:H;- --6~-E1---€e~ 
pFeeessiR~--int~--6~~~~--~Rless-~~-~~~--a~e-~~-~--a 
€eQeFal--Gi¥&~~~&-~~~-a££--paiQ--~~-~-~~a£€--pe~a~ees or 
animal feed. 
Sec. 2. 36 MRSA §4603, sub-§5. as enac ted by PL 1985, c. 753, 
§§14 and 15, is amended to read: 
5. 
Meetings 
of 
executive 
councils 
and 
assemblies. 
Executive councils shall annually elect officers, including a 
ehaiFmaR chair, 
viee-ehai~maR vice-chair and secretary. 
Each 
executive council shall hold meetings from time to time, no less 
than --4-
l 
times a year, 
upon call of the executive council 
ehaiFmaR chair, a majority of the executive councilor 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 councilor upon call of the 
board, 
provided 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 
shall must be open to the public and otherwise in compliance with 
Title 1, chapter 13. 
Sec. 3. 36 MRSA §4604. sub-§2. as amended by PL 1987, c. 99, 
§20, is further amended to read: 
Page l-LRIOOO(I) 
2. 
Programs. 
The 
board 
may 
make 
studiesTL 
undertake 
research, development and investment in infrastructure, marketing 
and promotional programsTL publish and disseminate informationL 
and 
implement 
other 
programs 
as--aFe 
in 
furtherance 
of its 
legislative purposes, provided that programs undertaken by the 
board sRall mus~ be designed to benefit the Maine potato industry 
at large or segments of the industry, 
but sRall may not be 
designed to benefit exclusively anyone person or entity involved 
in the industry. 
The board shall carry out the duties, as set 
out in Title 7, article 4 and known as the "Maine Bag Program," 
and shall use any funds granted by the department to the board or 
obtained by the board from any other source for the Maine Bag 
Program to promote the sale of tablestock potatoes, except that 
revenues from the potato tax under section 4605 may not be used 
to undertake promotional activities of the board. 
The board may 
use funds derived from sources other than the potato tax to carry 
out 
advertising 
and 
promotional 
programs 
in 
support 
of 
the 
industry. 
Sec. 4. 36 MRSA §4604. sub-§5, as enacted by PL 1985, c. 753, 
§§14 and 15, is amended to read: 
5. 
Books 
and records; confidentiality. 
The board shall 
keep books, 
records and accounts of all its activities, which 
sRall must be open to inspection and audit by the State at all 
times. 
The State Auditor sRall may conduct an annual audit of 
the financial records of the board and shall report the results 
of the audit to the board, the Commissioner of Agriculture, Food 
and Rural Resources, the Treasurer of State and the Legislature. 
All books and records of the board sRall must be open to public 
inspection in accordance 
with Title 
1, 
chapter 
13, 
pFeviaea 
except that records and meetings of the board may by vote be 
closed to the public wReF.e when public disclosure of the subject 
matter of the records or meetings would adversely affect the 
competitive position of the Maine potato industry or segments of 
the industry. 
Sec. 5. 36 MRSA §4606. first,. as amended by PL 1995, c. 702, 
§2 and affected by §4, is further amended to read: 
Money received by the Treasurer of State under this chapter, 
including all receipts of taxes levied under section 4605, must 
be transferred to the board in its capacity as an independent 
agency on a monthly basis and used for all activities of the 
board authorized under this chapter. 
The board shall pay a sum 
to the State Tax Assessor representing the actual cost incurred 
by the State in collecting the taxes, except that the sum paid to 
the State Tax Assessor for collecting taxes may not be greater 
than 
5q,o 
of the total tax cQllected annt!ally. 
Notwithstanding 
section 4603, subsection 1, money received by the Treasurer of 
State 
under 
board 
under this chapter, 
section 4605, 
must 
by the Legislature. 
including all receipts of taxes levied 
be allocated or appropriated to the 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill makes the following changes to the laws governing 
the Maine Potato Board. 
1. 
It 
changes 
the 
definition 
of 
potatoes sold for processing into starch, 
processing into animal feed. 
"potato" 
to 
include 
and potatoes sold for 
2. 
It changes 
the 
minimum 
number 
of executive 
council 
meetings from 4 to 2 times a year. 
3. 
It authorizes 
the 
Maine 
Potato 
Board 
to 
undertake 
development and investment in infrastructure. 
4. 
It prohibits 
using 
revenue 
from 
the 
potato 
tax 
to 
undertake promotional activities of the Maine Potato Board. 
5. 
It eliminates the requirement that the State Auditor 
conduct an annual audit of the Maine Potato Board. 
6. 
It specifies that the board must pay to the State Tax 
Assessor a sum representing the actual cost incurred by the State 
in collecting the taxes, except that the sum may not exceed 5% of 
the total tax collected annually.