An Act To Transfer the Seed Potato Board to the Maine Potato Board
Maine Legislature, Session 124, LD 1406
Committee: Agriculhlre, Conservation and Forestry
Sponsors: MARTIN, PIOTTI, CRAY, EDGECOMB, GIFFORD, PIEH, TARDY, NUTTING, RAYE, SHERMAN
Amends: 7 MRSA §2151, 7 MRSA §2152, 7 MRSA §2153, 7 MRSA §2155

MAINE STATE LEGISLATURE 
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124th MAl E LEGISLATURE 
Legislative Document 
No. 1406 
H.P.982 
House of Representatives, April 6, 2009 
An Act To Transfer the Seed Potato Board to the Maine Potato 
Board 
Reference to the Committee on Agriculhlre, Conservation and Forestry suggested and· 
ordered printed. 
~771~ 
·frl.11!ILC~{ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative MARTIN of Eagle Lake. (GOVERNOR'S BILL) 
Cosponsored by Representative PIOTTI of Unity and 
Representatives: CRAY of Palmyra, EDGECOMB of Caribou, GIFFORD of Lincoln, PIEH of 
Bremen, TARDY of Newport, Senators: NUTTING of Androscoggin, RAYE of Washington, 
SHERMAN of Aroostook. 
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Printl!d 'on rccyclcl1 pnpl!f 
Be it enacted by the People of the State of Maine as follows': 
Sec. 1. 7 MRSA §2151, as amended by PL 1989, C. 503, Pt. B, §45, is further 
ainendedto read: 
§215L Creation and membership 
The Seed Potato Board, established by Title 5, section 12004!-H, subsection 5, aru.l 
located in the Department of Agriculture, Food and Rural Resources, shall consist is part 
of the Maine Potato Board, as established by Title 36, section 46C);J. and consIsts of the 
commissioner and 8 additional members. 'Two of the members are appointed by the 
commissioner and 6 of the memhel!'S are appointed by the Maine Potato Board. Of the 8 
appointed members, 7 shaH must be chosen from representatives of the potato industry in 
Aroostook County arid one from elsewhere in the State, provided that as long as one 
appointed member shall be ~ primarily a table stock producer and efte 2 me prilllItarity. it 
processor producer producers. The commissrolleF 'shaH appoint the member from 
elsewhere in the State and one of the processor producers. Memfuers: seliVe 4-year terms. 
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Sec. 2. 7 MRSA §2152, as amended by PL 1983, c. 565, §4, is further amended to ' 
read: 
§2152. Terms; vacancies; salaries 
Each appointed member shall serve of the Seed Potato Board serves for a term of,} ~ 
years or until ftis the member's successor has been appointed and qualified, except that ne 
~ member may not serve for more than ~ 1 coilsecutive terms. 
Upon the expiration of the term of office of any appointed member of the bear€J. Seed 
Potato Board, said the member's successor shull must be appointed by the commissioner, 
member's appointing'authority under section 2151 ,-er-tn.. 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 are not entitled to 
compensation, but all their expenses incurred in attending meetings shall be are paid out 
of the State Treasury, on certificate of the commissioner, upon the audit and '.'{arrant of 
the State Controller Seed Potato Board account within the Maine Potato Board, as 
established by Title 36, section 4603. 
Sec.3. 7 MRSA §2153, first €ff is amended to read: 
The Seed Potato Board shall meet annually on such date and at such place as the 
board may appoint and shall meet at su~h other times as the board may deem determine 
necessary or when called by the chairman chair of the board or any 2 members thereof of 
the board upon 2 days' notice. The board rna .... bv resolution DFovide for a shorter notice 
made bv tele!!ranh. teleohone or otherwise. 
Sec. 4. 7 MRS A §2154, as amended by PL 1999, c. 16, Pt. N, § 1, is further 
amended to read: 
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§2154. Powers; rules 
The Seed Potato Board shall have, with the approval of the Maine Potato Board, as 
established by Title 36, section 4603, has the power and authority to produce, or cause to 
be produced through contract or otherwise, such acreages of foundation seed potatoes of 
various varieties as it may from time to 'time determine for distribution and sale te--#le 
potato growers of this State. The commitments of the board shall Seed Potato Board may 
not exceed in the aggregate the am"ount of funds wh-iefl that may be made available to it 
the Seed "Potato Board and approved by the Maine Potato Board. In addition, the Beare 
shall be Seed Potato Board is advisory to and shall have has authority to work with and 
through the Maine Agricultural Experiment, Station of the University of Maine System' 
and other public and private agencies, in conducting and carrying on a program of 
production of foundation seed potatoes annually. The board shall have Seed Potato 
Board, with the approval of the Maine Potato Board, has authority to purchase, own or 
otherwise acquire farm real estate and farm equipment if necessary for the purpose of 
producing acreages of foundation seed potatoes or providing for the testing thereof of 
foundation seed potatoes, and any salable material resulting from the ownership or 
operation may be sold to the best advantage of the Beare Seed Potato Board. The Beare 
shall have Seed Potato Board, with the approval of the Maine Potato Board; has authority 
to sell or otherwise convey farm real estate and farm equipment no longer required for the 
purposes of this chapter. Proc'eeds from the sale sflal.l must be credited to the operating 
account of the Beare Seed Potato Board. 
The board shall have Seed Potato Board has the responsibility and full power and 
authority to make, in a manner consistent with the Mair19 Administrative Procedure Act, 
rules, and regulations not inconsistent '""ith law pertaining to for oversight of the seed 
production facilities and to make recommendations to the Maine Potato Board, as 
established by Title 36, section .4603, regarding its program of production, distribution 
and sales of foun~ation seed potatoes to the potato gro\Ners of the State, as it may from 
time to time determine, including. The program of production must include, but .lli not 
limited to, long-range projections of industry trends and needs, contracting with growers 
to reproduce nuclear seed stock normally grown at the state s~ed potato farm, 
determination of the varieties and volume of seed to be grown at the state seed petate 
farm production facilities, allocation of seed to growers for the benefit of the entire state 
potato industry, and development of a and recommendation to the. Maine Potato Board 
regarding standardized commercial seed testing programs for new varieties, if no such 
procedure exists under the auspices of the Maine Agricultural Experiment Station, and to.:. 
The Seed Potato Board may exercise any other power wh-iefl that may be conferred upon 
. the Beare Seed Potato Board by law. 
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The beard Maine Potat~ Board, as established by Title 36, section 4603, is authorized 
to pay from the Seed Potato Board account to the Town of Masardis in lieil of taxes a 
sum, in the discretion of the Beare Maine Potato Board, which ."vill compensate that 
compensates the town in whole or in part for loss of real estate taxes due to state 
ownership of real estate now used for seed potato purposes. 
Not?,vithstanding any provision in Title 5, chapter 155, the Seed Potato Board may 
Durchase all services, sUDDties. materials and eQuiDment required bv the board to fulfill 
the purposes of this chapter. In addition, the board is eJwmpt from the bidding, contract 
and revie',',' procedures contained in Title 5, chapter 153 for any public improvement 
nroiect \vith a value of lessthan $10.000. 
Sec. 5. 7 MRSA §2155, as amended by PL 1985, c. 785, Pt. B, §47, is fUliher 
amended to read: 
§2155. Records and proceedings 
1. Administration~ The Seed Potato Board shall elect a secretary, who need not be a 
member of the Beare Seed Potato Board, and the commissioner shall have Maine Potato 
Board, as established by Title 36, section 4603, upon recommendation of the Seed Potato 
Board· has authority to employ a managing director manager and such agents employees 
. as may be necessary, subject to the Civil Service Lel'tV,. to consummate any and all the 
programs which it that the Seed Potato Board rnay institute, as authorized under the terms 
of this chapter and shall keep a record of all of its proceedings, and all. All expenses by--tt 
incurred sflaU by the Seed Potato Board must be paid out of the State Treasu!)', on 
certification of the commissioner, upon the audit and ',','arrant of the State Controller and. 
charged against any and all appropriations which may be annually made available for its 
use as stipulated. The board shall be subject to the provisions of Title 5, chapter 379 Seed 
Potato Board account by the Maine Potato Board" 
2. Program plan. The managing director Seed Potato Board shall present to the 
Beare Maine Potato Board, as established by Title 36, section 4603, at least annually, a 
program plan for the board's Maine Potato Board's consideration and specific action, 
vffl.ieh. 
The plan sflaU must include an assessment of the sec:d potato industry, a 
projection of demand for seed by variety in th.e various marketing areas, the impact of 
significant changes in seed potato acreage, the capital heeds of the state seed potato farm 
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 te other such matters the managing director deems Seed Potato Board 
determines appropriate. 
Sec. 6. Transition provisions. 
1.' Ownership. The Department of Agriculture, Food and Rural Resources and the 
Maine Potato Board, as established by the Maine Revised Statutes, Title 36, section 4603, 
shall co-manage the Seed Potato Board, under Title 7, section 2151, beginning July 1, 
2009. 
The transition of ownership must be completed by January 1, 2010 or the 
beginning of the 2010 production cycle, whichever is earlier. 
All assets of the Seed Potato Board, including real estate, equipment and personal 
property, must be transferred to the Maine Potato Board no later than July 1,2010 or the 
beginning of the 2010 production cycle, whichever is earlier. The Maine Potato Board 
must use these assets to ensme the continued supply of seed potatoes. 
2. Employees. All current full-time and part:.time positions of the Seed Potato 
Board are terminated by the State prior to the time the Maine Potato Board assumes 
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ownership and operation of the Seed Potato Board. Employees of the Seed Potato Board 
after the transfer are employees of the Maine Potato Board .. 
3. Transition of funds. No later than July 1, 2010 or, if earlier, at the time of 
transfer of the Seed Potato Board to tbe Maine Potato Board, and during subsequent 
'years, all funds received by the DepaJiment of Agriculture, Food and Rural Resources or 
the Seed Potato Board for the operation of the POIier Seed Farm must be paid to the 
Maine Potato Board. 
Sec. 7. Funding. The Department of Agriculture, Food aild Rural Resources shall 
provide the Maine Potato Board, as established by the Maine Revised Statutes, Title 36, 
section 4603, funding in SiIpport of the Seed Potato Board not to exceed the sum of 
$250,000 for fiscal year 2009-10 and the sum of$175,000 for fiscal year 2010-11. These 
funds must be paid to the Maine Potato Board at the beginning of each fiscal year. 
Sec. 8. Staggered terms. Notwithstanding the Maine Revised Statutes, Title 7, 
section 2-151, in making initial appointments to the Seed Potato Board, the Commissioner 
of Agriculture, Food and Rural Resources shall appoint the member that is a processor 
producer for a one-year term and the Maine Potato Board shall appoint 3 members for 
. one-:year terms. The other 4 members are appointed for 2-yearterms. 
SUMMARY 
This bill transfers the ownership and operations of the Seed Potato Board from the 
DepaJiment of Agriculture, Food and Rural Resources to the Maine Potato Board. The 
bill requires the Department of Agriculture, Food and Rural Resources to provide funds 
to the Maine Potato Board in support of the Seed Potato Board for fiscal year 2009-10 in 
an amount not to exceed $250,000 and for fiscal year 2010-11 in the amount of $175,000. 
The bill also strikes the provision of law that exempts the Seed Potato Board from the 
bidding, contract and review procedures contained inthe Maine Revised Statutes, Title 5, 
chapter 153 for any public improvement project with a value of less than $10,000.