An Act To Reduce Wild Blueberry Theft
Maine Legislature, Session 123, LD 2001
Committee Amendment CA_A_S542 (Senate)
Amends: 36 MRSA §191

COMMITTEE AMENDMENT "A. " to S.P. 795, L.D. 2001, Bill, "An Act To 
Reduce Wild Blueberry Theft" 
Amend the bill by inserting after the title and before the enacting clause the 
following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the theft of wild blueberries presents a threat to the viability of 
commercial wild blueberry operations; and 
Whereas, the harvesting of wild blueberries begins in July in some areas of the 
State; 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, ' 
Amend the bill by inserting after the enacting clause the following: 
'Sec. 1. 36 MRSA §191, sub-§2, ~I, as amended by PL 2007, c. 328, §3, is 
further amended to read: 
II. 
The disclosure to an authorized representative of the Maine Milk Commission of 
information on the quantity of packaged milk handled in the State and subject to the 
milk handling fee established in section 4902 and other information obtained by the 
assessor in the administration of chapter 721; and 
Sec. 2. 36 MRSA §191, sub-§2, ,JJ, as enacted by PL 2007, c. 328, §4, is 
amended to read: 
COMMITTEE AMENDMENT 
.to . 
.,.. 
COMMITTEE AMENDMENT" A .. to S.P. 795, L.n. 2001 
JJ. The disclosure to the State Purchasing Agent of a person's sales tax standing as 
necessary to enforce Title 5, section 1825-B, subsection 14.,.; and 
Sec.3. 36 MRSA §191, sub-§2, ~ 
is enacted to read: 
KK. 
The disclosure to an authorized representative of the Wild Blueberry 
Commission of Maine of any information required for or submitted to the assessor in 
connection with the administration of the tax imposed under chapter 701.' 
Amend the bill in section 1 in subsection I-F in the 2nd and 3rd lines (page 1, lines 4 
and 5 in L.D.) by striking out the following: "from which they" and inserting the 
following: 'where the berries' 
Amend the bill in section 1 in subsection I-F in the 3rd line (page 1, line 5 in L.D.) 
by striking out the following: "to a shipper or processor" 
Amend the bill by striking out all of section 2. 
Amend the bill in section 3 in §4305 in subsection 1 in the first line (page 1, line 15 
in L.D.) by striking out the following: "Every" and inserting the following: 'A' 
Amend the bill in section 3 in §4305 by striking out all of subsection 2 and inserting 
the following: 
'2. Violation; failure to obtain certification. A processor or shipper who fails to 
obtain certification under subsection 1 commits a civil violation for which a fine of not 
more than $5,000 may be adjudged.' 
Amend the bill in section 3 in §4305 in subsection 3 in paragraph A in the first line 
(page 1, line 27 in L.D.) by inserting after the following: "4303" the following: 'or 4303-
A' 
Amend the bill in section 3 in §4305 by striking out all of subsection 4 and inserting 
the following: 
'4. Mandatory suspension or revocation. Upon notification by the Wild Blueberry 
Commission of Maine, a state agency or a state, county or local law enforcement agency, 
the assessor shall suspend or revoke certification of a processor or shipper who is 
convicted under section 4316, subsection 3-A. A person convicted under section 4316, 
subsection 3-A whose certification has been suspended under this subsection may not 
obtain a new certification from the assessor for 5 years from the date of the conviction. A 
firm, company, partnership, association or corporation that has one or more owners, 
officers or employees who have been convicted under section 4316, subsection 3-A may 
not obtain certification from the assessor for 5 years from the date of any such conviction. 
The assessor may detennine that an owner, officer or employee has not been convicted 
under section 4316, subsection 3-A if an applicant for certification submits a notarized 
statement attesting that none of the applicant's owners, officers or employees has been 
convicted under section 4316, subsection 3-A in the prior 5 years.' 
Amend the bill in section 4 in subsection 1 in the 6th line (page 2, line 13 in L.D.) by 
inserting after the following: "town" the following: " township or plantation or to global 
positioning coordinates for the area where wild blueberries are managed' 
COMMITTEE AMENDMENT 
~~~. 
COMMITTEE AMENDMENT "A "to S.P. 795, L.D. 2001 
Amend the bill in section 4 in subsection 1 in the 9th line (page 2, line 16 in L.D.) by 
striking out the following: "current" and inserting the following: 'SUITeRt valid' 
Amend the bill in section 6 by striking out all of subsection 4 and inserting the 
following: 
'4. Violation; subsequent offenses. A person who violates subsection I when the 
person has 2 prior convictions for violation of subsection 1 commits a Class C crime. 
Title 17-A, section 9-A governs the use of prior convictions when determining a 
sentence.' 
Amend the bill in section 7 in §4315 by striking out all of subsection 1 and inserting 
the following: 
'1. Transportation of wild blueberries; permit required. A person may not 
transport wild blueberries in quantities exceeding 25 pounds without first obtaining a 
transportation permit on an official form to be furnished by the Wild Blueberry 
Commission of Maine. The Wild Blueberry Commission of Maine shall issue upon 
request offisial uniquely numbered transportation permit forms to shippers aRd proeessors 
sertified l:Iader sestioR 4305 owners. Shippers and prosessors may Owners shall issue the 
transportation permits to OWRers or OVlRer's transportatioR ageats with '''''fitteR 
autRoFizatioR from O'NRers first haulers or shippers who transport wild blueberries 
directly from the field from which the wild blueberries were harvested. 
Each 
transportation permit issued must bear a differeat Rumber and e*pire at the ead 
automatically expires on the 30th of September in the ealeRdar year in which it was 
issued. This subsection does not apply to wild blueberries that have been received by a 
certified shipper or processor and have been weighed, logged into a permanent record-
keeping system and reloaded onto a vehicle for shipping under a bill of lading.' 
Amend the bill in section 7 in §4315 in subsection I-A in the 6th and 7th lines (page 
3, lines 10 and 11 in L.D.) by striking out the following: ", shippers and processors" and 
inserting the following: " shippers and pfOsessors owners' 
Amend the bill in section 7 in §4315 by inserting after subsection I-A the following: 
'I-B. Restrictions on first haulers. A first hauler who is not certified as a shipper 
may not transport berries from the field to any entity other than a shipper or a processor 
holding a valid certification under section 4305.' 
Amend the bill in section 7 in §4315 in subsection 3 by striking out all of paragraph 
A and inserting the following: 
'A. A Except as provided in subsection 4, a person who transports wild blueberries 
in violation of this section commits a Class B srime. ViolatioR of this paragraph is a 
stFiet liability srime as defiRed ia Title 17 A, sestioR 34, subseetioR 4 A.~ 
(1) A Class E crime; or 
(2) A Class C crime if the person has 2 or more prior convictions under this 
paragraph. 
COMMITTEE AMENDMENT 
«\.\)\<0. 
-
COMMITTEE AMENDMENT "A" to S.P. 795, L.D. 2001 
A violation under this paragraph is a strict liability crime as defined in Title 17-A, 
section 34, subsection 4-A.' 
Amend the bill in section 8 in §4316 in subsection 1 in the first line (page 4, line 8 in 
L.D.) by striking out the following: "person who" and inserting the following: 'peFSOO 
shipper or processor who transports or' 
Amend the bill in section 8 §4316 in subsection 1 in the 2nd line (page 4, line 9 in 
L.D.) by striking out the following: "received" and inserting the following: 'reeei'led' 
Amend the bill in section 8 in §4316 in subsection 2 in the first line (page 4, line 14 
in L.D.) by striking out the following: "person" and inserting the following: 'peFSOO 
shipper or processor' 
Amend the bill in section 8 in §4316 in subsection 2 in the 2nd line (page 4, line 15 in 
L.D.) by striking out the following: "in lots of greater than 5 pounds" and inserting the 
following: 'in lots of greater tHaR 5 pmmds' 
Amend the bill in section 8 in §4316 in subsection 3 in the first line (page 4, line 19 
in L.D.) by inserting after the following: "blueberries" the following: 'transported or' 
Amend the bill in section 8 in §4316 in subsection 3-A in the first line (page 4, line 
in L.D.) by striking out the following: "A person who violates this section when the 
person" and inserting the following: 'A shipper or processor who violates this section 
when the shipper or processor' 
Amend the bill in section 8 in §4316 in subsection 4 in the 2nd line (page 4, line 32 in 
L.D.) by striking out the following: "receivers" and inserting the following: 'reeei'lers 
shippers or processors' 
Amend the bill in section 8 in §4316 in subsection 4 in the 5th line (page 4, line 35 in 
L.D.) by striking out the following: "receivers" and inserting the following: 'reeeiYers 
shippers or processors' 
Amend the bill in section 8 in §4316 in subsection 4 in the 5th line (page 4, line 35 in 
L.D.) by striking out the following: "receivers' accounts" and inserting the following: 
'reeei'lers' shippers' or processors' accounts' 
Amend the bill by adding before the summary the following: 
'Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment adds an emergency preamble and clause to the bill. It specifies that 
the State Tax Assessor is required to suspend or revoke the certification of a processor or 
shipper of wild blueberries when the assessor receives notification that certain violations 
have occurred. It allows the assessor to accept a notarized statement to determine that 
violations by an owner, officer or employee have not occurred. It clarifies that it is illegal 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,A "to S.P. 795, L.D. 2001 
for a first hauler to transport berries to anyone who is not certified as a shipper or 
processor. Instead of basing increased penalties for illegal transportation of berries on the 
value of the berries as proposed in the bill, this amendment establishes illegal 
transportation by a person with 2 prior convictions as a Class C crime. 
FISCAL NOTE REQUJRED 
(See Attached) 
COMMITTEE AMENDMENT 
Approved: 03/26/08 
~.ac:. 
LD 2001 
LR 3197(02) 
An Act To Reduce Wild Blueberry Theft 
Fiscal Note for Bill as Amended by Committee Amendment "A " 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increases fines and the class of crime for violation of the laws regarding transportation and receipt of wild blueberrif'~ 
Establishes new Class C crimes. Class C crimes must be served in a state correctional facility. The average cost to 
the state for each sentence is $70,308 based on an average length of stay of 1 year, 10 months. The Judicial 
Department expects 0-1 cases every 5 years based on no violations filed in the history of the METIS system. The 
collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Additional costs to the Department of Agriculture, Food, and Rural Resources can be absorbed within existing 
budgeted resources. 
LR3197(02) - Fiscal Note - Page 1 of 1