H.P. 537 - L.D. 744
An Act to Change the Way Nursery License Fees Are Established
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 32 MRSA §1901, sub-§1-A, as enacted by PL 1993, c. 256, §2, is amended to read:
1-A. Fees. The following provisions apply to the fees payable for a license issued under this section.
A. An applicant who has a nursery stock retail sales area in excess of 150 square feet or gross annual sales of nursery stock in excess of $500 shall pay a license fee of $25 per year.
B. An applicant who has gross annual sales of nursery stock of $500 or less and a nursery stock retail sales area of 150 square feet or less shall pay a license fee of $5 per year.
C. Educational institutions are exempt from the license fee.
This subsection is repealed 90 days after the adjournment of the Second Regular Session of the 119th Legislature.
Sec. 2. 32 MRSA §1901, sub-§1-B is enacted to read:
1-B. Fees established by rule. No later than December 31, 1999, the Commissioner of Agriculture, Food and Rural Resources shall provisionally adopt rules in accordance with Title 5, chapter 375 to establish fees for licenses issued under this section. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter II-A. Fees established by rules adopted under this subsection may take effect no earlier than 90 days after the adjournment of the Second Regular Session of the 119th Legislature.
Sec. 3. 32 MRSA §1901, sub-§2, as enacted by PL 1991, c. 785, §4 and affected by §5, is amended to read:
2. Violations. Any person, firm or corporation engaged in the business of selling nursery stock without a license commits a civil violation for which a forfeiture not to exceed $500 may be adjudged. Licenses may be revoked by the Administrative Court, as provided in the Maine Administrative Procedure Act, for failure to comply with the requirements of Title 7, chapter 405-A.
Sec. 4. Date for rules submission; authorization for legislation. Rules provisionally adopted in accordance with this Act must be submitted to the Legislature for review no later than December 31, 1999. The Joint Standing Committee of Agriculture, Conservation and Forestry may report out legislation to the Second Regular Session of the 119th Legislature pertaining to fees for licensing sellers and dealers in nursery stock.
Effective September 18, 1999, unless otherwise indicated.
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