An Act To Transfer the Seed Potato Board to the Maine Potato Board
Maine Legislature, Session 124, LD 1406
Committee Amendment CA_A_H441 (House)
Amends: 7 MRSA §2151, 7 MRSA §2152, 7 MRSA §2154, 7 MRSA §2155, 36 MRSA §4604

FIRST REGUL..A.R SESSION 
COMMITTEE AMENDMENT" A" to H.P. 982, L.D. 1406, Bill, "An Act To 
Transfer the Seed Potato Board to the Maine Potato Board" 
Amend the bilI by striking out all of sections 1 and 2 and inserting the following: 
'Sec. 1. 7 MRSA §2151, amended by PL 1989, c. 503, Pt. B, §45, is repealed and 
the following enacted in its place: 
§2151. Creation and membership 
The Seed Potato Board, established by Title 5, section 12004-H, subsection 5, is 
overseen by and is the responsibility of the Maine Potato Board, a public instrumentality 
of the State established in Title 36, section 4603. The Seed Potato Board, referred to in 
this chapter as "the seed board," consists of the commissioner and 8 members appointed 
in accordance with subsections 1 and 2. 
1. Appointments by the commissioner. The commissioner shall appoint 2 members 
to the seed board as follows: 
A. A representative of the potato industry in a county other than Aroostook County; 
and 
B. A person producing potatoes in Aroostook County primarily for processing. 
2. 
Appointments by the Maine Potato Board. 
The Maine Potato Board as 
established in Title 36, section 4603 shall appoint 6 members to the seed board 
representing the potato industry in Aroostook County, including: 
A. One producing primarily tablestock potatoes; and 
B. One producing potatoes primarily for processing. 
Sec. 2. 7 MRSA §2152, as amended by PL 1983, c. 565, §4, is further amended to 
read: 
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COMMITIEE AMENDMENT" (.1" to H.P. 982, L.D. 1406 
§2152. Terms; vacancies; expenses 
Each appointed member shall serve of the seed board serves for a term of J. 2. years or 
until his the member's successor has ·been appointed and qualified, except that Be .!! 
member may not serve for more than ~ 1 consecutive terms. 
Upon the expiration of the term of office of any ap'pointed member of the seed board, 
-said the member's successor shall must be appointed by the commissioner member's 
appointing authority under section 215 l,-er-in. In the case of a vacancy for any reason, 
the commissioner member's appointing authority under section 2151 shall appoint a 
member to fill the unexpired term. 
The members of the Seed Potato Board shall receive no salary seed board are not 
entitled to compensation, but all their expenses incurred in attending meetings shall must 
be paid by the Maine Potato Board as established in Title 36, section 4603 out of the -State 
Treasury, on certificate of the commissioner, upon the audit and warrant of the State 
Controller seed potato account established in accordance with Title 36, section 4604, 
subsection 4.' 
Amend the bill by striking out all of sections 4 and 5 and inserting the following: 
'Sec. 4. 7 MRSA §2154, as amended by PL 1999, c. 16, Pt. N, § 1, is repealed and 
the following enacted in its place: 
§2154. Powers; responsibilities 
1. Production, distribution and sales. The seed board, with the approval of the 
Maine Potato Board as established in Title 36, section 4603, may produce, or cause to be 
produced through contract or otherwise, seed potatoes for distribution and sale. The seed 
board, in consultation with the Maine Potato Board, shall determine the varieties and 
acreages of each variety to produce. 
The seed board shall oversee seed production 
facilities and make recommendations to the Maine Potato Board regarding the 
production, distribution and sales of seed potatoes. The production program developed by 
the seed board with approval and oversight by the Maine Potato Board must include, but 
is not limited to, long-range projections of industry trends and needs, contracting with 
growers to reproduce nuclear seed stock grown at the seed board's seed potato farm, a 
determination of the varieties and volume of seed to be grown at seed production 
facilities and allocation of seed to growers for the benefit of the entire state potato 
industry. 
2. Use of funds. The seed board may not commit funds that exceed the amount of 
funds approved by the Maine Potato Board as established in Title 36, section 4603. The 
Maine Potato Board may pay from the seed potato account to the Town of Masardis in 
lieu of taxes a sum, in the discretion of the Maine Potato Board, that compensates the 
town in whole or in part for loss of real estate taxes due to tax exempt status of real estate 
used for seed potato purposes. 
3. Authority to acquire, hold and convey property. The seed board, with the 
approval of the Maine Potato Board as established in Title 36, section 4603, may 
purchase, own or otherwise acquire farm real estate and farm equipment necessary to 
produce acreages of seed potatoes or for the testing of seed potatoes. The seed board, 
with the approval of the Maine Potato Board, may sell or otherwise convey farm real 
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COMMIITEE AMENDMENT" A" to H.P. 982, L.D. 1406 
estate and farm equipment no longer required for the purposes of this chapter. Proceeds 
from the sale must be credited to an operating account for the seed board established in 
accordance with Title 36, section 4604, subsection 4. 
4. Cooperation with the University of Maine System. The seed board is advisory 
to and may work with and through the Maine Agricultural Experiment Station of the 
University of Maine System and other public and private agencies to annually conduct a 
program for the production of seed potatoes. If a program for the standardized testing of 
new varieties of commercial seed does not exist under the auspices of the Maine 
Agricultural Experiment Station, the seed board shall provide the Maine Potato Board as 
established in Title 36, section 4603 with a recommendation for developing such a 
program. 
Sec. 5. 7 MRSA §2155, as amended by PL 1985, c. 785, Pt. B, §47, is further 
amended to read: 
§2155. Records and proceedings 
1. Administration. The 8eed Potato Board seed board shall elect a secretary, who 
need not be a member of the board, and the commissioner shall have authority to. The 
Maine Potato Board as established in Title 36, section 4603, upon recommendation of the 
seed board, may employ a managing director and such agents as may be other employees 
necessary, subject to the Civil 8ervice Law, to consummate any and 
fulfill the 
responsibilities and implement all programs 'i",hich it may institute, as authorized under 
the terms ofthis chapter-and. The seed board shall keep a record of all of its proceedings; 
antl-all. All expenses by-# incurred shall by the seed board must be paid out of the 8tate 
Treasury, on certification of the commissioner, upon the audit and warrant of the 8tate 
Controller and charged against any and all appropriations vlhich may be annually made 
available for its use as stipulated. The board shall be subject to the provisions of Title 5, 
chanter 379 by the Maine Potato Board from the seed potato account. 
2. Program plan. The managing director seed board shall present to the beard 
Maine Potato Board established in Title 36, section 4603, at least annually, a program 
plan for the board's Maine Potato Board's consideration and specific action, which. The 
plan shall must include an assessment of the seed potato industry, a projection of demand 
for seed by variety in the various marketing areas, the impact of significant changes in 
seed potato acreage, the capital needs of the state seed potato farm board's production 
facilities, considering current and future technology, proposals to improve the varieties 
and quality of Maine seed potatoes, recommendations to promote the sale of Maine seed; 
and to other such matters the managing director deems seed board determines 
appropriate. 
Sec. 6. 36 MRSA §4604, sub-§4, as amended by PL 1995, c. 502, Pt. C, §17, is 
further amended to read: 
4. Funding; accounts. In addition to the money received by the board pursuant to 
section 4606, the board may receive and expend funds from any source, public or private, 
that it considers necessary to carry out its legislative purposes. The board shall establish 
an account, known as the seed potato account, to receive and expend funds for carrying 
out the board's responsibilities under Title 7, chapter 403.' 
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COMMITIEE AMENDMENT"~" to H.P. 982, L.D. 1406 
Amend the bill in section 6 by striking out all of subsectionl (page 3, lines 30 to 38 
in L.D.) and inserting the following: 
'1. Management; ownership. The Department of Agriculture, Food and Rural 
Resources and the Maine Potato Board established under the Maine Revised Statutes, 
Title 36, section 4603 shall cooperatively oversee the Seed Potato Board, established 
under Title 5, section 12004-H, subsection 5, and manage the production of seed potatoes 
during a transition period. The transition in oversight and management responsibilities 
from the Department of Agriculture, Food and Rural Resources to the Maine Potato 
Board must be completed no later than April 1,2010. 
By April 1, 2010, the Department of Agriculture, Food and Rural Resources shall transfer 
to the Seed Potato Board assets of the department used by the Seed Potato Board in the 
production and certification of seed· potatoes. The Seed Potato Board must use the 
transferred assets to ensure a continued supply of seed potatoes.' 
Amend the bill by inserting after section 8 the following: 
'Sec. 9. Appropriations and allocations. The following appropriations and 
allocations are made. 
POTATO BOARD, MAINE 
Potato Board 0429 
Initiative: Establishes the Seed Potato Account within the Maine Potato Board with a 
base allocation of$500. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2009-10 
$500 
$500 
2010-11 
$500 
$500 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment restructures provisions within the Seed Potato Board statutes for 
clarity. It directs the Maine Potato Board to establish a seed potato account and cross-
references that account in statutory provisions for the Seed Potato Board. 
The 
amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 05/26/09 ,;:!;pac. 
LD 1406 
LR 1890(02) 
An Act To Transfer the Seed Potato Board to the Maine Potato Board 
Fiscal Note for Bill as Amended by Committee Amendment "if, 
Committee: Agriculture, Conservation and Forestry 
Appropriations/Allocations 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
2009-10 
$500 
2010-11 
$500 
Projections 
2011-12 
$500 
Projections 
2012-13 
$500 
This legislation establishes the Seed Potato Account Other Special Revenue Funds account within the Maine Potato 
Board. An Other Special Revenue Funds allocation of$500 beginning in fiscal year 2009-10 has been established. 
Additional costs to the Maine Potato Board and the Department of Agriculture, Food and Rural Resources associated 
with transferring oversight of the Seed Potato Board to the Maine Potato Board can be absorbed within existing 
budgeted resources. 
LR 1890(02) - Fiscal Note - Page 1 of 1