An Act To Amend the Laws Governing the Maine Potato Board
Maine Legislature, Session 125, LD 0041
Committee: Agriculture, Conservation and Forestry
Sponsors: EDGECOMB, SHERMAN, BLACK, CLARK, GIFFORD, RICHARDSON, TIMBERLAKE, WILLETTE
Amends: 36 MRSA §4603, 36 MRSA §4605

Legislative Document 
No. 41 
H.P. 34 
House of Representatives, January 11, 2011 
An Act To Amend the Laws Governing the Maine Potato Board 
(EMERGENCY) 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative EDGECOMB of Caribou. 
Cosponsored by Senator SHERMAN of Aroostook and 
Representatives: BLACK of Wilton, CLARK of Easton, GIFFORD of Lincoln, 
RICHARDSON of Warren, TIMBERLAKE of Turner, WILLETTE of Mapleton, WILLETTE 
of Presque Isle. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, it is imperative that this legislation take effect immediately because the 
increase in the potato tax proposed in this legislation is scheduled to take effect 
September 1, 2011; 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 §4603, sub-§5, as amended by PL 2005, c. 176, §2, is further 
amended to read: 
5.  Meetings of executive councils and assemblies.  Executive councils shall 
annually elect officers, including a chair, vice-chair and secretary.  Each executive 
council shall hold meetings from time to time, no less than 2 times once a year, upon call 
of the executive council chair, a majority of the executive council or 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 council or upon call of the board, provided except 
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 must be open to the public and otherwise in compliance with Title 
1, chapter 13. 
Sec. 2.  36 MRSA §4603, sub-§6, as enacted by PL 1985, c. 753, §§14 and 15, is 
amended to read: 
6.  Composition of the board.  The board's members shall be selected from board 
consists of the executive councils as follows. following members:  
A.  Two members shall be elected by the executive council of the tablestock growers' 
assemblies, provided except that no dealer may serve in this capacity.; 
B.  Two members shall be elected by the executive council of the seed growers' 
assemblies, provided except that no dealer may serve in this capacity.; 
C.  Two members shall be elected by the executive council of the processing growers' 
assemblies, provided except that no dealer may serve in this capacity.; 
D.  Three members shall be One member elected by the executive council of the 
dealers' assembly, provided that at least one dealer member must also be a potato 
grower.; 
E.  Two members shall be elected by the executive council of the processors' 
assembly.; 
F.  The immediate past president of the board; and 
G.  One grower member elected at large from all growers. 
In the event of the permanent disqualification or resignation of a board member, the 
executive council responsible for electing that member shall elect a replacement for the 
balance of the term remaining. 
Sec. 3.  36 MRSA §4603, sub-§8, as enacted by PL 1985, c. 753, §§14 and 15, is 
amended to read: 
8.  Board meetings.  A regular annual meeting of the board shall must be held on a 
date determined by the board.  Other meetings, of which shall there must be at least 
monthly 6 per year, with the exception of the months of May and September, shall be 
may be held upon call of the chairman chair or of a majority of the board or by vote of the 
board.  A majority of the board's members shall constitute constitutes a quorum at any 
board meeting. The vote of a majority of board members present shall constitute 
constitutes the act of the board at a meeting where a quorum is present.  All board 
meetings shall must be open to the public and shall must be in compliance with Title 1, 
chapter 13, except as otherwise provided in this chapter. 
Sec. 4.  36 MRSA §4605, sub-§1, as enacted by PL 1985, c. 753, §§14 and 15, is 
amended to read: 
1.  Rate.  A tax is levied and imposed at the rate of $.05 $.06 per hundredweight, 
effective September 1, 2011, on all potatoes grown in this State, provided except that no 
tax may be imposed on any potatoes which that are retained by the grower to be used by 
him the grower for seed purposes or for home consumption and provided further that no 
tax may be imposed on any potatoes received by a processor which that are certified as 
unmerchantable by a federal state inspector. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill makes revisions to the laws governing the Maine Potato Board.  The bill 
changes the meeting requirements of the board and the membership of the board and 
increases the potato tax from $.05 to $.06 per hundredweight.