Amendment #782 to H4100

Agricultural Trust Funds

Representatives Dykema of Holliston, Gobi of Spencer, Markey of Dartmouth, Madden of Nantucket, Walsh of Framingham, Provost of Somerville, Pignatelli of Lenox, Calter of Kingston, Smizik of Brookline, Farley-Bouvier of Pittsfield, Schmid of Westport, Mark of Hancock and Garlick of Needham move to amend the bill by inserting after section 98 the following sections:-

SECTION sss.  Section 32 of Chapter 128 shall be amended by striking the following:

“ which in no case shall exceed five dollars per registrant, regardless of the number of colonies so registered by him.”

SECTION ttt.  Section 35 of Chapter 128 shall be amended by striking the words “two hundred and fifty” and inserting the words “two thousand.”

SECTION rrr.  Section 2 of Chapter 132 B is amended by inserting the following definitions in accordance with alphabetical order – “Pesticide Dealer”, shall include a person licensed as a pesticide sales dealer and a pesticide company dealer as may be further regulated by the Department.

SECTION uuu.  Section 26B of Chapter 129 shall be amended by adding the following sentence – The secretary of administration and finance may set reasonable fees for any testing or inspections under this section.

SECTION xxx.  Chapter 20 of the Massachusetts General Laws is amended by inserting after Section 31 of Chapter 20 the following two sections:

Section 32.  (a) There shall be established and set upon the books of the commonwealth a separate fund to be known as the Agricultural Inspection and Infrastructure Trust Fund, consisting of revenues received pursuant to the following: (1) Chapter 128 of the General laws, (2) Chapter 132B of the General Laws, (3) Chapter 129 of the General Laws, (4) poultry testing fees for services established by 330 CMR 5.00 et seq., and Section 3B of Chapter 7 of the General Laws and (5) interest or investment earnings on such monies and all other monies credited or transferred thereto from any other fund or service.

(b) Funds in the Agricultural Inspection and Infrastructure Trust Fund may be expended without further appropriations on programs and costs pursuant to the following: (1) Sections 32 through 38 inclusive of c. 128; (2) the integrated pest management program established by Chapter 85 of the Acts of 2000 and Chapter 132B; (3) Spay and neuter programs and animal rescue and shelter programs established under Section 2 of Chapter 129; (4) poultry testing program by 330 CMR 5.00 seq; (5) the Agricultural Innovation Center.

(c) Any unexpended balance in the fund at the end of the fiscal year shall not revert to the General Fund but shall remain available for expenditure in subsequent fiscal years.  No expenditure made from the fund shall cause the fund to become deficient at any point during a fiscal year.

Section 33.  (a) There shall be established and set upon the books of the commonwealth a separate fund to be known as the Agricultural Products Promotion and Marketing Trust Fund, consisting of revenues received from agricultural commodity groups, non-profit organizations, private entities from donations or fees for services or goods provided to such entities pursuant to Section 3B of Chapter 7 or from other state or federal agencies as well as interest or investment earnings on such monies and all other monies credited or transferred thereto from any other fund or source.

(b) Agricultural Products Promotion and Marketing Trust Fund may be expended without further appropriations on programs and costs associated with marketing initiatives including but not limited to MassGrown & Fresher and Commonwealth Quality Program.

(c) Any unexpended balance in the fund at the end of the fiscal year shall not revert to the General Fund but shall remain available for expenditure in subsequent fiscal years.  No expenditure made from the fund shall cause the fund to become deficient at any point during a fiscal year.