An Act To Create the Maine Agriculture in the Classroom Council
Maine Legislature, Session 123, LD 1070
Committee: Agriculture, Conservation and Forestry
Sponsors: PIEH, SHERMAN, LUNDEEN, MAREAN, NORTON, PRATT, GOOLEY, MARRACHE, NUTTING
Amends: 5 MRSA §12004-G, 7 MRSA §242

Legislative Document 
No. 1070 
H.P.788 
House of Representatives, March 6, 2007 
An Act To Create the Maine Agriculture in the Classroom Council 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
Presented by Representative PIEH of Bremen. 
Cosponsored by Senator SHERMAN of Aroostook and 
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MILLICENT M. MacFARLAND 
Clerk 
Representatives: eRA Y of Palmyra, LUNDEEN of Mars Hill, MAREAN of Hollis, NORTON 
of Bangor, PRATT of Eddington, Senators: GOOLEY of Franklin, MARRACHE of Kennebec, 
NUTTING of Androscoggin. 
Prmted nil re(.;yded pUJXf 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §12004-G, sub-§4-C is enacted to read: 
4-C. 
Agriculture 
Education 
Maine Agriculture 
in the Classroom 
Council 
Paid from council 
funds in 
accordance with 
council bylaws 
Sec. 2. 7 MRSA §242 is enacted to read: 
§242. Maine Agriculture in the Classroom Council 
MRSA §242 
1. Establishment. The Maine Agriculture in the Classroom Council, established in 
Title 5, section 12004-G, subsection 4-C and referred to in this section as "the council," 
has all the powers necessary to achieve the public purpose stated in subsection 2 and to 
carry out the powers conferred under this section. 
The exercise of powers conferred by this section is held to be the performance of 
essential government functions. 
A. Employees of the council may not be construed to be state employees for any 
purpose, including the state civil service provisions of Title 5, Part 2 and Title 5, 
chapter 372. 
B. The council may not be construed to be a state agency for any purpose, including 
the budget, accounts and control, auditing, purchasing or other provisions of Title 5, 
Part 4. 
C. Notwithstanding paragraphs A and B: 
(1) Employees of the council may be state employees for the purposes of the 
state retirement provisions of Title 5, Part 20 and the state employee health 
insurance program under Title 5, chapter 13, subchapter 2; and 
(2) For the purposes of the Maine Tort Claims Act, the council is a governmental 
entity and its employees and members are employees as those terms are defined 
in Title 14, section 8102. 
D. Employees of the council are entitled to use the services of the Central Fleet 
Management Division in accordance with provisions established for state agencies 
under Title 5, section 1830. 
2. Purpose. The purpose of the council is to promote an understanding of the food 
and fiber system in the State and the nation through the infusion of agricultural concepts 
into primary, secondary and postsecondary curricula. For the purposes of this section, 
"agricultural concepts" includes, but is not limited to: 
A. 
The importance of agriculture in the State and III the nation's history and 
development; 
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B. The connections between geography, climate and agriculture; 
C. The relationship between technology and agricultural success and developmerlt 
D. The economics of agriculture; 
E. The global aspects of agriculture; and 
F. The relationship of the food and fiber system to public policy issues. 
3. Membership. The council consists of 9 members appointed as follows: 
A. One representative of the Department of Agriculture, Food and Rural Resources, 
appointed by the Commissioner of Agriculture, Food and Rural Resources; 
B. 
One representative of the Department of Education appointed by the 
Commissioner of Education; 
C. Three members from the agricultural community with demonstrated interest in 
agricultural education appointed by the Commissioner of Agriculture, Food and Rural 
Resources; 
D. 
A licensed dietitian with a demonstrated interest in agricultural education 
appointed by the Commissioner of Agriculture, Food and Rural Resources; 
E. A practicing kindergarten to grade 12 educator with knowledge of agricultural 
education appointed by the Commissioner of Education; 
F. One representative from the University of Maine Cooperative Extension with a 
demonstrated interest in agricultural education appointed by the Director of the 
University of Maine Cooperative Extension; and 
G. One representative of the soil and water conservation districts appointed by the 
President of the State Conservation District Advisory Council. 
4. Term. Each member serves for a term of 4 years or until the member's successor 
is appointed. If a member is unable to complete a term, the appointing authority shall 
appoint a person to serve out the remainder of the unexpired term. 
5. Compensation. Members may be compensated for expenses as provided in the 
council's bylaws from money received under subsection 10. 
6. Chair. The council shall elect annually by majority vote one member of the 
council to serve as chair and one member to serve as vice-chair. 
7. Executive director; personnel. The council may appoint by majority vote an 
executive director who is the council's chief administrator and such personnel as the 
council considers necessary to assist the council in carrying out its duties. The executive 
director and other staff serve at the pleasure of the council. The salaries paid to the 
executive director and other staff are not subject to the personnel laws of the State. 
8. Powers and duties. The council shall expend funds received under subsection 10 
to provide teacher training and educational resource materials, collect and distribute 
appropriate agricultural information and materials from industry and trade groups and 
incorporate new and innovative ideas and proven outreach strategies to increase 
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agricultural literacy among teachers and their students. 
The council shall work 
cooperatively with state agencies, the University of Maine System, farm organizations, 
agribusinesses and private individuals and groups to collect, organize, develop and 
promote the use of agricultural curriculum materials in schools and learning centers. 
The council may make contracts or enter into contracts with any local, state, federal or 
private agency, department, firm, corporation or association as necessary to cam out the 
purposes of this section. 
9. 
Debt. A debt or obligation incurred by the council is not a debt or obligation of 
the State. 
10. 
Receipt of money and property. 
The council may accept grants or 
contributions of money or other things of value from any source, public or private. Those 
grants or other contributions must be held by the council and used to cam out the 
purposes of this section, subject to any condition under which the grant or contribution 
was accepted by the council. Funds may be used to compensate members of the council 
for expenses in accordance with the council's bylaws. 
Funds received under this 
subsection are not state funds. 
11. Books and records. The council shall keep books, records and accounts of all 
its activities, which must be open to inspection and audit by the State at all times. An 
independent accountant shall conduct an annual accounting review of the financial 
records of the council and report the results of the review to the council, the 
Commissioner of Agriculture, Food and Rural Resources, the Treasurer of State and the 
Legislature. 
12. Bylaws. The council may adopt bylaws to govern its functions. 
Sec. 3. Staggered terms. Notwithstanding the Maine Revised Statutes, Title 7, 
section 242, subsection 4, initial appointments to the Maine Agriculture in the Classroom 
Council made pursuant to Title 7, section 242, subsection 3 are for terms specified as 
follows: 
I. Of the 3 initial appointments made pursuant to Title 7, section 242, subsection 3, 
paragraph C, one member is appointed to a term of 2 years, one member is appointed to a 
term of 3 years and one member is appointed to a term of 4 years; 
2. 
The initial appointments made pursuant to Title 7, section 242, subsection 3, 
paragraphs D and G are for a period of2 years; and 
3. 
The initial appointments made pursuant to Title 7, section 242, subsection 3, 
paragraphs E and F are for a period of 3 years. 
SUMMARY 
This bill establishes the Maine Agriculture in the Classroom Council. The council is 
not an agency of the State but has certain powers and duties conferred on it for the public 
purpose of promoting an understanding of agriculture. 
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