Amendment #3 to H751

Milk producers security fund reimbursement

Mr. Kulik moves to amend the bill Mr. Kulik of Worthington moves to amend House, No. 751 by striking out all after the enacting clause and inserting in place thereof the following:-

SECTION 1. Section 48 of chapter 10 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in line 4, the words “twenty of chapter twenty” and inserting in place thereof the following words:- 13B of chapter 128.

SECTION 2. Said section 48 of said chapter 10, as so appearing, is hereby further amended by striking out, in line 7, the word “twenty” and inserting in place thereof the following figure:- 13B.

SECTION 3.  Section 13B of chapter 128 of the General Laws, as so appearing, is hereby amended by inserting before the word “The”, in line 1, the first time it appears, the following:- (a).

SECTION 4. Said section 13B of said chapter 128, as so appearing, is hereby further amended by striking out the second paragraph and inserting in place thereof the following 2 subsections:-

(b) The commissioner may suspend the collection of payments made pursuant to subsection (a) from time to time as he determines to be in the best interests of the producers affected by this section and section 13A; provided, however, that the balance of the fund shall not be less than $1,000,000; and provided further, that the commissioner shall consider the quantity of milk covered by the fund and the current price levels for milk when making his determination. The commissioner shall provide 30 days’ written notice of any suspension or reinstatement of payments into the fund to the house and senate committees on ways and means and to all dealers and producers affected.

(c)  Notwithstanding the provisions of section 13A to the contrary, a milk producer who pays into the fund pursuant to subsection (a) may, after application approved by the commissioner, be reimbursed up to an amount equal to the monies paid by the applicant into the fund minus any funds previously distributed to said applicant plus a pro rata share of the interest earned by the fund. The commissioner shall establish criteria for the approval of these applications that shall include, but shall not be limited to: whether the milk producer continues to produce milk, whether the milk producer has joined a cooperative association and other criteria the commissioner may deem relevant.  The commissioner shall not authorize a reimbursement if payment thereof would result in the balance of the fund falling below $1,000,000.  Upon approval of an application, the commissioner shall certify the amount determined to be due thereon, and transmit the same for payment to the state treasurer pursuant to section 48 of chapter 10.

SECTION 5.  The commissioner of the department of agricultural resources shall establish guidelines for the implementation of sections 13A and 13B of chapter 128 of the General Laws.