Budget Amendment ID: FY2013-S4-161-R1

Redraft ENV 161

Agricultural Inspection and Infrastructure Trust Fund

Messrs. Rush and Rodrigues moved that the proposed new text be amended , by inserting after section 51 the following section:-

“SECTION 51A. Chapter 20 of the General Laws is hereby amended by adding the following 2 sections:-

Section 32. (a) There shall be established and set up on 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: (1) chapters 128, 129 and 132; (2) poultry testing fees for services established by 330 CMR 5.00 et seq., and section 3B of chapter 7; (3) interest or investment earnings on any such monies; and (4) all other monies credited or transferred to the fund from any other fund or service.

(b) Funds in the fund may be expended without further appropriations on programs and costs pursuant to: (1) sections 32 to 38 inclusive of chapter 128; (2) the integrated pest management program established pursuant to chapter 132B and chapter 85 of the acts of 2000; (3) spay and neuter programs and animal rescue and shelter programs established pursuant to section 2 of chapter 129; (4) poultry testing program established by 330 CMR 5.00 et seq.; and (5) the Agricultural Innovation Center.

(c) The 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) The fund may be expended without further appropriation on programs and costs associated with marketing initiatives including, but not limited to, MassGrown & Fresher and the 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.” and

by inserting after section 85 the following 4 sections:-

“SECTION 85A. Section 32 of chapter 128 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in lines 16 and 17, the words “, which in no case shall exceed five dollars per registrant, regardless of the number of colonies so registered by him”.

SECTION 85B. Section 35 of said chapter 128, as so appearing, is hereby amended by striking out, in line 17, the words “two hundred and fifty dollars” and inserting in place thereof the following figure:-  $2,000.

SECTION 85C. Section 26B of chapter 129 of the General Laws, as so appearing, is hereby 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 85D. Section 2 of chapter 132B of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Pesticide”,  the following definition:– “Pesticide Dealer”, a person licensed as a pesticide sales dealer and a pesticide company dealer as may be further regulated by the department.”