An Act To Establish a Fund for Portions of the Operations and Outreach Activities of the University of Maine Cooperative Extension Diagnostic and Research Laboratory and To Increase Statewide Enforcement of Pesticide Use
Maine Legislature, Session 129, LD 1518
Committee Amendment CA_A_H554 (House)

COMMITTEE AMENDMENT "/+, to H.P. 1111, L.D. 1518, Bill, "An Act To 
Establish a Fund for Portions of the Operations and Outreach Activities of the University 
of Maine Cooperative Extension Diagnostic and Research Laboratory and To Increase 
Statewide Enforcement of Pesticide Use" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Establish a Fund for Portions of the Operations and Outreach Activities 
of the University of Maine Cooperative Extension Diagnostic and Research 
Laboratory' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 7 MRSA c. 419 is enacted to read: 
CHAPTER419 
TICK LABORATORY AND PEST MANAGEMENT FUND 
§2471. Tick Laboratory and Pest Management Fund 
The Tick Laboratory and Pest Management Fund, referred to in this chapter as "the 
fund, 
is established. The fund is nonlapsing, is administered by the University of Maine 
at Orono and consists of funds derived from the pesticide container fee under Title 36, 
section 4911, appropriations and allocations to the fund and funds from other public and 
private sources. The fund, to be accounted within the University of Maine at Orono, must 
be held separate and apart from all other money, funds and accounts. Eligible investment 
earnings credited to the assets of the fund become part of the assets of the fund. Any 
balance remaining in the fund must be disbursed on a quarterly basis to the University of 
Maine at Orono. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1111, L.D. 1518 
§2472. Expenditures from the fund 
Funds in the fund must be distributed by the University of Maine at Orono as 
provided in this section. 
1. Pesticide container fee reimbursement. Funds must be provided for ongoing 
reimbursement to the State Tax Assessor on a monthly basis by the 15th of the month 
following collection, to pay for administrative costs not to exceed $40,000 annually from 
collection of the pesticide container fee imposed under Title 36, section 4911. 
· 
2. Registered pesticides. Funds must be provided for ongoing reimbursement, not 
to exceed $60,000 annually, to the Board of Pesticides Control, established in Title 5, 
section 12004-D, subsection 3 and referred to in this chapter as 
11the board.fl to generate 
and maintain a list of pesticides registered with the board pursuant to section 607 and 
answer inquiries relating to the list. The board shall post on its publicly accessible 
website, a list of currently registered pesticide products. 
3. Administrative costs. Funds must be provided for ongoing reimbursement to the 
University of Maine at Orono for administrative costs not to exceed 10% of the balance 
remaining in the fund after the amounts under subsections 1 and 2 are subtracted. 
4. Pest management education. Twenty-five percent of the balance remaining in 
the fund after the amounts under subsections 1, 2 and 3 are subtracted must be provided 
to the University of Maine Cooperative Extension pest management unit for outreach and 
education initiatives on pest management and pesticide safety and pesticide application 
and use, particularly for homeowners and other individuals using pesticides. 
5. Tick laboratory costs. Fifty percent of the balance remaining in the fund after 
the amounts under subsections 1, 2 and 3 are subtracted must be provided to the 
University of Maine Cooperative Extension pest management unit for nonadministrative 
costs related to a tick laboratory, including, but not limited to: 
A. Testing ticks provided by residents of the State for pathogenic organisms; 
B. General tick laboratory operations; 
C. Salaries; 
D. Tick management research, demonstrations and educational outreach, including 
community integrated pest management and developing educational materials; 
E. Equipment, materials and supplies; 
F. Facility expansion; and 
G. Medical and veterinary pest management focusing on health-related issues caused 
by ticks and other arthropods as needed. 
6. Pest research. Twenty-five percent of the balance remaining in the fund after the 
amounts under subsections 1, 2 and 3 are subtracted must be provided to the University of 
Maine at Orono or to an entity in collaboration with the University of Maine at Orono for 
a pest research project to be identified every 3 years by a pest research committee 
designated by the University of Maine at Orono, the University of Maine System and the 
department in the 2nd year of the project. The pest research committee under this 
subsection consists of 7 members, including: 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT'A "toH.P.1111,L.D.1518 
A. One member who is an extension specialist with pest management expertise, 
appointed by the dean of the University of Maine Cooperative Extensio.n: 
B. Two members who are faculty of the University of Maine at Orono, College of 
Natural Sciences, Forestry, and Agriculture with pest management expertise, 
appointed by the dean of the University of Maine at Orono, College of Natural 
Sciences, Forestry, and Agriculture, Maine Agricultural and Forest Experiment 
Station: 
C. 
Two members, one representing the agricultural sector and one who is a 
commercial pesticide applicator, appointed jointly by the dean of the University of 
Maine Cooperative Extension and the dean of the University of Maine at Orono, 
College of Natural Sciences, Forestry, and Agriculture, Maine Agricultural and 
Forest Experiment Station: 
D. One member representing a campus of the University of Maine System other than 
the University of Maine campus in Orono and having pest management expertise, 
appointed by the Chancellor of the University of Maine System: and 
E. One member from the department with pest management expertise, appointed by 
the commissioner. 
Members serve one-year terms and may be reappointed to successive terms. 
7. Report. No later than January 15th of each year, the University of Maine at 
Orono shall submit a report to the board and the joint standing committee of the 
Legislature having jurisdiction over agriculture matters on use of the funds under this 
chapter. 
8. Rules. The board may adopt rules to carry out the provisions of this chapter. 
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
Sec. 2. 36 MRSA c. 723 is enacted to read: 
CHAPTER 723 
PESTICIDE CONTAINER FEE 
§4911. Fee imposed 
1. Imposition. A fee is imposed on the retail sale in the State of containers of 
pesticide products registered with the Board of Pesticides Control, established in Title 5, 
section 12004-D, subsection 3 and referred to in this chapter as "the board," in the amount 
of 15¢ per container. Three cents of the container fee imposed under this subsection may 
be retained by the retailer to defray the costs associated with collecting the fee. 
2. Exemptions. The following products are exempt from the fee under subsection 1: 
A. A container of pesticides sold by a manufacturer or manufacturer's representative 
directly to a pesticide applicator licensed under Title 22, section 1471-D: 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT"A"toH.P.1111,L.D.1518 
B. A container of pesticides sold to a pesticide applicator licensed under Title 22, 
section 1471-D that is exempt from sales tax pursuant to section 1760, subsection 7-B 
or 7-C; and 
C. A container of paint, stain, wood preservative or sealant registered as a pesticide 
with the board. 
3. Administration of fee. 
The fee imposed by this chapter is administered as 
provided in chapter 7 and Part 3, with the fee imposed pursuant to this chapter to be 
considered as imposed under Part 3. The revenue collected during the preceding month 
pursuant to this subsection must be transferred to the Treasurer of State on a monthly 
basis on or before the last day of the month. The Treasurer of State shall credit all 
revenue derived from the fee imposed by this chapter to the Tick Laboratory and Pest 
Management Fund established under Title 7. chapter 419. 
Sec. 3. University of Maine at Orono to conduct study on browntail 
moths. Upon the effective date of this Act, the University of Maine at Orono shall 
commence a study of browntail moths as the first research project to be conducted under 
the Maine Revised Statutes, Title 7, section 2472, subsection 6. 
Sec. 4. Appropriations and allocations. The following appropriations and 
allocations are made. 
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF 
Revenue Services, Bureau of 0002 
Initiative: Provides a one-time allocation for administrative costs associated with revision 
of the sales tax return to accommodate the pesticide container fee. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
ADMINISTRATIVE AND FINANCIAL 
SERVICES, DEPARTMENT OF 
DEPARTMENT TOTALS 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL -ALL FUNDS 
2019-20 
$16,000 
$16,000 
2019-20 
$16,000 
$16,000 
2020-21 
$0 
$0 
2020-21 
$0 
$0 
AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF 
Pesticides Control - Board of 0287 
Initiative: Provides allocations for one half-time Office Associate II position to generate 
and maintain a list of registered pesticides. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A"toH.P.1111,L.D.1518 
OTHER SPECIAL REVENUE FUNDS 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
AGRICULTURE, CONSERVATION AND 
FORESTRY, DEPARTMENT OF 
DEPARTMENT TOTALS 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
2019-20 
0.500 
$24,213 
$2,625 
$26,838 
2019-20 
$26,838 
$26,838 
UNIVERSITY OF MAINE SYSTEM, BOARD OF TRUSTEES OF THE 
Tick Laboratory and Pest Management Fund N330 
2020-21 
0.500 
$33,890 
$2,625 
$36,515 
2020-21 
$36,515 
$36,515 
Initiative: Allocates funds to allow expenditures from revenue received from the pesticide 
container fee. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
UM Cooperative Extension - Pesticide Education Z059 
2019-20 
$26,662 
$26,662 
2020-21 
$102,485 
$102,485 
Initiative: Allocates funds to allow expenditures from revenue received from the pesticide 
container fee to be used for tick laboratory costs. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
UM Cooperative Extension - Pesticide Education Z059 
2019-20 
$27,000 
$27,000 
2020-21 
$54,000 
$54,000 
Initiative: Allocates funds to allow expenditures from revenue received from the pesticide 
container fee to be used for pest management education. 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT"A "toH.P.1111,L.D.1518 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOT AL 
UNIVERSITY OF MAINE SYSTEM, BOARD OF 
TRUSTEES OF THE 
DEPARTMENT TOTALS 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
SECTION TOTALS 
OTHER SPECIAL REVENUE FUNDS 
SECTION TOTAL - ALL FUNDS 
2019-20 
$13,500 
$13,500 
2019-20 
$67,162 
$67,162 
2019-20 
$110,000 
$110,000 
Sec. 5. Effective date. This Act takes effect January 1, 2020.' 
I 
2020-21 
$27,000 
$27,000 
2020-21 
$183,485 
-
$183,485 
2020-21 
$220,000 
$220,000 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
The bill establishes the Tick Laboratory and Pest Management Fund. 
This 
amendment provides that the fund is administered by the University of Maine at Orono to 
fund the tick laboratory and other pest management research and projects. 
The 
amendment provides that a portion of the funds must be provided for ongoing 
reimbursement, up to $60,000 annually, to the Board of Pesticides Control to generate 
and maintain a list of pesticides registered with the board and make available to the 
public through the board's publicly accessible website the list and answer inquiries 
relating to the list. 
The amendment provides that a portion of the fund may be used by the University of 
Maine Cooperative Extension pest management unit for nonadministrative costs related 
to a tick laboratory, including, but not limited to, development of educational materials; 
equipment, materials and supplies; and facility expansion. 
The amendment makes changes to the composition of the pest research committee as 
described in the bill. 
The amendment removes from the bill the requirement that the Board of Pesticides 
Control investigate any complaint alleging a violation of a local, state or federal law or 
rule regarding pesticide use. 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT"A "toH.P.1111,L.D.1518 
The amendment removes from the bill the requirement that a political subdivision of 
the State that wants to eliminate use in the political subdivision of a pesticide registered 
by the United States Environmental Protection Agency submit a request to eliminate use 
of that pesticide to the Board of Pesticides Control. 
The amendment provides that the fund is funded by a pesticide container fee 
administered by the State Tax Assessor of 15¢ per container, rather than 20¢ as in the bill. 
The amendment removes the provision of the bill that allows the State Tax Assessor 
to inspect the books or records of a retailer or to inspect the premises of a retailer where 
general use pesticides are stored, handled, transported or merchandised for the purpose of 
determining what pesticide products are taxable. 
The State Tax Assessor has the 
authority to inspect under current law pursuant to the Maine Revised Statutes, Title 36, 
section 112. 
The amendment also provides a one-time allocation to the Department of 
Administrative and Financial Services, Maine Revenue Services for administrative costs 
associated with revision of the sales tax return to accommodate the pesticide container 
fee. 
The amendment provides that the effective date of the legislation is January 1, 2020. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/06/19 feac. 
LD 1518 
LR2240(02) 
An Act To Establish a Fund for Portions of the Operations and Outreach Activities of the University of 
Maine Cooperative Extension Diagnostic and Research Laboratory and To Increase Statewide 
Enforcement of Pesticide Use 
I\ ( f'l... 
ti) 
Fiscal Note for Bill as Amended by Committee Amendment 'f-'' 
T 55 f 
Committee: Agriculture, Conservation and Forestry 
Appropriations/ Allocations 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Transfers 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2019-20 
FY 2020-21 
$110,000 
$220,000 
$110,000 
$220,000 
$0 
$0 
Projections 
FY 2021-22 
$226,600 
$226,600 
$0 
Projections 
FY 2022-23 
$233,400 
$233,400 
$0 
The bill establishes a fee of $.15 on sales of containers of pesticide products registered by the Board of Pesticides 
Control and requires that revenue from the fee be deposited into a newly established Tick Laboratory and Pest 
Management Fund to be administered by the University of Maine. Maine Revenue Services estimates this fee will 
generate $110,000 in fiscal year 2019-20 and $220,000 in fiscal year 2020-21. After distributions are made to the 
entities as detailed below, the net amount of revenue remaining in the fund is estimated to be $26,662 in fiscal year 
2019-20 and $102,485 in fiscal year 2020-21 and the bill includes Other Special Revenue Funds allocations of those 
amounts to allow expenditures from the fund. 
The bill allows up to $40,000 annually be made available to the State tax Assessor for administrative costs associated 
with updating the sales tax return to accommodate the pesticide container fee. The bill includes a one-time Other 
Special Revenue Funds allocation of $16,000 in fiscal year 2019-20 to the Department of Administrative and Financial 
Services for this purpose. 
The bill includes Other Special Revenue Funds allocations of$26,838 in fiscal year 2019-20 and $36,515 in fiscal year 
2020-21 to the Board of Pesticides Control within the Department of Agriculture Conservation and Forestry for one 
half-time Office Associate II position to generate and maintain a list of registered pesticides. 
The Univ~rsity of Maine Cooperative Extension will use a po1tion of the revenue generated for tick laboratory costs 
and pest management education. This bill includes Other Special Revenue Funds totaling $40,500 in fiscal year 2019-
and $81,000 in fiscal year 2020-21 to the University of Maine Cooperative Extension within the University of 
Maine System for the initiatives. 
LR2240(02) - Fiscal Note - Page 1 of 1