S.P. 460 - L.D. 1335
An Act to Simplify the Collection of Fees for the Maine Dairy Promotion Board and Maine Dairy Nutrition Council
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the collection and distribution of dairy promotion funds are critical to the success of the dairy industry; and
Whereas, the existing statutory method of collection results in significant delays and inefficiencies in the distribution of money for dairy promotion; and
Whereas, the structure of the dairy industry in Maine makes the current collection and distribution system obsolete; 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. 7 MRSA §2956, 3rd ¶ from the end, as amended by PL 1995, c. 693, §5 and affected by §25, is further amended to read:
Each licensed dealer shall pay to the commission an annual license fee of $1 and the sum of 6 1/2¢ 5¢ per hundredweight as monthly payments, based on quantity of milk purchased or produced in any market area, or purchased or produced in an uncontrolled area and sold in any market area. Two and one-half cents per hundredweight may be deducted by dealers from amounts paid by them to producers of such milk, except that the milk farm-processed into cream for the manufacture of butter is not subject to such sums of 6 1/2¢ 5¢ per hundredweight. Of the amount paid by each dealer, 1 1/2¢ per hundredweight must be paid by the commission to the Maine Dairy and Nutrition Council for the purposes authorized by section 2999. The commission shall make payments to the Maine Dairy and Nutrition Council on a monthly basis.
Sec. 2. 7 MRSA §2993-A is enacted to read:
A dealer as defined in section 2991 shall withhold from each Maine milk producer a fee of 10¢ per hundredweight on all milk produced and shall forward that payment to the board no later than the last day of the month following the month in which the milk was produced.
All producer dealers shall pay to the board a fee of 10¢ per hundredweight on all milk produced by the producer dealer no later than the last day of the month following the month in which the milk was produced.
Sec. 3. 7 MRSA §2999-A is enacted to read:
A dealer as defined in section 2997 shall pay a fee of 1 1/2¢ per hundredweight based on quantity of milk purchased from Maine producers or purchased from producers outside of the State and sold within the State and shall forward that payment to the council no later than the last day of the month following the month in which the milk was purchased.
All producer dealers shall pay to the council a fee of 1 1/2¢ per hundredweight on all milk sold by the producer dealer no later than the last day of the month following the month in which the milk was produced.
Sec. 4. 7 MRSA §3152-A, sub-§2, as enacted by PL 1985, c. 646, §3, is repealed.
Sec. 5. 7 MRSA 3153, sub-§1, as corrected by RR 1997, c. 2, §32, is amended to read:
1. Establishment. Within 180 days after September 23, 1983, the commissioner shall adopt rules establishing a fund to be known as the "Maine Milk Pool," to which all money collected from Maine dealers pursuant to subsections subsection 2 and 3 must be credited. These funds must be redistributed to eligible Maine market producers, eligible northern Maine market producers and eligible Boston market producers according to procedures established under subsection 4.
Sec. 6. 7 MRSA §3153, sub-§3, as amended by PL 1995, c. 693, §18 and affected by §25, is repealed.
Sec. 7. 7 MRSA §3154, sub-§2, ¶B, as amended by PL 1995, c. 693, §19 and affected by §25, is repealed.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect June 1, 1999.
Effective June 1, 1999.
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