An Act To Increase Transparency in Cooperative Agreements within the Department of Agriculture, Conservation and Forestry
Maine Legislature, Session 128, LD 1203
Committee: Agriculture, Conservation and Forestry
Sponsors: HICKMAN, SAVIELLO, ACKLEY, DUNPHY, GRANT, GROHMAN, KINNEY, MAREAN, MARTIN, DAVIS
Amends: 7 MRSA §9

Legislative Document
No. 1203
H.P. 839
House of Representatives, March 28, 2017
An Act To Increase Transparency in Cooperative Agreements 
within the Department of Agriculture, Conservation and Forestry
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative HICKMAN of Winthrop.
Cosponsored by Senator SAVIELLO of Franklin and
Representatives: ACKLEY of Monmouth, DUNPHY of Old Town, GRANT of Gardiner, 
GROHMAN of Biddeford, KINNEY of Knox, MAREAN of Hollis, MARTIN of Eagle Lake, 
Senator: DAVIS of Piscataquis.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  7 MRSA §9, as amended by PL 1973, c. 44, is further amended to read: 
§9.  Cooperative agreements or arrangements 
The commissioner department may enter into cooperative agreements or cooperative 
arrangements, in accordance with this section, with a state or federal agency or with any 
person, firm or corporation for the purpose of controlling diseases of plants and domestic 
animals, advertising and increasing the sale and consumption of Maine food products or 
disseminating information concerning the grade, quality or condition of same Maine food 
products, and supplying inspection and grading services with respect to such Maine food 
products.  He The department may receive, administer and disburse any funds or 
contributions from such a state or federal agency, person, firm or corporation, either 
independently or in conjunction with state funds allocated to said that purpose.  Funds so 
contributed shall in accordance with this section do not lapse at the end of any fiscal year 
but shall be are carried forward to be used for the purpose originally intended. 
1.  Public notice.  The department shall provide public notice of each proposed 
cooperative agreement or arrangement by posting on the department's publicly accessible 
website a detailed description of each cooperative agreement or arrangement proposed or 
entered into during the previous fiscal year.  The description and notice must include the 
expected benefits to the State, the department, the regulated community and the public 
and must include a solicitation of public comments. 
2.  Solicitation of comments; response.  The department shall solicit public 
comments on a proposed cooperative agreement or arrangement for which notice is 
provided in accordance with subsection 1, and shall provide responses to questions and 
comments from the public and interested parties to the best of the department's 
knowledge.  If a person submits in writing a request that the department decline to receive 
future funding from a cooperative agreement or arrangement, the department shall 
consider the request, determine whether the benefits of the cooperative agreement or 
arrangement outweigh the person's concerns and inform the person in writing of the 
department's decision. 
3.  Annual report.  No later than March 1st annually, the department shall report to 
the joint standing committee of the Legislature having jurisdiction over agricultural 
matters regarding the cooperative agreements and arrangements entered into in 
accordance with this section during the previous fiscal year. 
4.  Public hearing.  Upon receipt of the annual report submitted in accordance with 
subsection 3, the joint standing committee of the Legislature having jurisdiction over 
agricultural matters may schedule a public hearing on any cooperative agreement or 
arrangement about which the committee has questions. 
SUMMARY 
This bill amends the law governing cooperative agreements and arrangements entered 
into by the Department of Agriculture, Conservation and Forestry for the purpose of 
controlling diseases of plants and domestic animals and advertising or disseminating 
information concerning Maine food products.  This bill requires the department to: 
1.  Provide public notice of each proposed cooperative agreement or arrangement; 
2.  Solicit public comments and provide responses regarding proposed cooperative 
agreements or arrangements; 
3.  Consider requests submitted in writing to decline to receive future funding from a 
cooperative agreement or arrangement; and 
4.  Report annually to the joint standing committee of the Legislature having 
jurisdiction over agricultural matters regarding the cooperative agreements and 
arrangements entered into during the previous fiscal year. 
Under the bill, the joint standing committee of the Legislature having jurisdiction 
over agricultural matters may schedule a public hearing on any cooperative agreement or 
arrangement about which the committee has questions.