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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BRUBAKER, ARGALL, FONTANA, MENSCH, ALLOWAY, PIPPY, KITCHEN, STACK, BOSCOLA, TOMLINSON, McILHINNEY, FOLMER, YAW, LEACH AND GREENLEAF, APRIL 21, 2011 |
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| REFERRED TO AGRICULTURE AND RURAL AFFAIRS, APRIL 21, 2011 |
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| AN ACT |
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1 | Amending the act of April 28, 1937 (P.L.417, No.105), entitled, |
2 | as amended, "An act relating to milk and the products |
3 | thereof; creating a Milk Marketing Board; establishing its |
4 | jurisdiction, powers and duties; regulating the production, |
5 | transportation, manufacturing, processing, storage, |
6 | distribution, delivery and sale of milk and certain products |
7 | thereof; providing for the licensing of milk dealers and the |
8 | payment of fees therefor; requiring milk dealers to file |
9 | bonds to secure payment for milk to producers and certain |
10 | milk dealers; authorizing the holding of hearings and the |
11 | issuance of subpoenas by the board; conferring jurisdiction |
12 | upon courts to punish contempts and to prohibit violations of |
13 | this act and of rules, regulations and orders of the board; |
14 | authorizing the board to adopt rules, regulations and orders, |
15 | and to enter into interstate and Federal compacts; requiring |
16 | persons who weigh, measure, sample or test milk to procure |
17 | permits or certificates, to take examinations, to pay fees |
18 | therefor, to furnish certain notices, records and statements, |
19 | and to use certain methods of weighing, measuring, sampling |
20 | and testing; authorizing the board to examine the business, |
21 | papers and premises of milk dealers and producers, requiring |
22 | the keeping of records and the filing of reports by milk |
23 | dealers, and permitting, with limitations, the use of |
24 | information obtained thereby; authorizing the board to fix |
25 | prices for milk and certain milk products subject to the |
26 | approval of the Governor, and conferring certain powers upon |
27 | the Governor with respect thereto; providing for appeals to |
28 | the courts from decisions of the board, and for the burden of |
29 | proof upon such appeals; prescribing penalties, fines and |
30 | imprisonment for violations of this act and rules, |
31 | regulations and orders of the board; defining perjury; |
32 | defining remedies; repealing legislation supplied and |
33 | superseded by this act, and saving rights, duties and |
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1 | proceedings thereunder; and making appropriations," renaming |
2 | the administration agency; further providing for definitions, |
3 | for appointment and terms of members and quorum and for the |
4 | Bureau of Consumer Affairs; providing for milk distributors; |
5 | further providing for records, for reports, for requisites of |
6 | orders fixing price of milk and for prices to producers; |
7 | providing for title to milk; further providing for price |
8 | increases, for expenses and for payment; establishing the |
9 | Producer Settlement Fund; and repealing provisions relating |
10 | to the Joint Study Committee. |
11 | The General Assembly of the Commonwealth of Pennsylvania |
12 | hereby enacts as follows: |
13 | Section 1. The title of the act of April 28, 1937 (P.L.417, |
14 | No.105), known as the Milk Marketing Law, amended July 31, 1968, |
15 | P.L.963, No.294), is amended to read: |
16 | AN ACT |
17 | Relating to milk and the products thereof; creating a Milk |
18 | [Marketing] Board; establishing its jurisdiction, powers and |
19 | duties; regulating the production, transportation, |
20 | manufacturing, processing, storage, distribution, delivery |
21 | and sale of milk and certain products thereof; providing for |
22 | the licensing of milk dealers and the payment of fees |
23 | therefor; requiring milk dealers to file bonds to secure |
24 | payment for milk to producers and certain milk dealers; |
25 | authorizing the holding of hearings and the issuance of |
26 | subpoenas by the board; conferring jurisdiction upon courts |
27 | to punish contempts and to prohibit violations of this act |
28 | and of rules, regulations and orders of the board; |
29 | authorizing the board to adopt rules, regulations and orders, |
30 | and to enter into interstate and Federal compacts; requiring |
31 | persons who weigh, measure, sample or test milk to procure |
32 | permits or certificates, to take examinations, to pay fees |
33 | therefor, to furnish certain notices, records and statements, |
34 | and to use certain methods of weighing, measuring, sampling |
35 | and testing; authorizing the board to examine the business, |
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1 | papers and premises of milk dealers and producers, requiring |
2 | the keeping of records and the filing of reports by milk |
3 | dealers, and permitting, with limitations, the use of |
4 | information obtained thereby; authorizing the board to fix |
5 | prices for milk and certain milk products subject to the |
6 | approval of the Governor, and conferring certain powers upon |
7 | the Governor with respect thereto; providing for appeals to |
8 | the courts from decisions of the board, and for the burden of |
9 | proof upon such appeals; prescribing penalties, fines and |
10 | imprisonment for violations of this act and rules, |
11 | regulations and orders of the board; defining perjury; |
12 | defining remedies; repealing legislation supplied and |
13 | superseded by this act, and saving rights, duties and |
14 | proceedings thereunder; and making appropriations. |
15 | Section 2. The definitions of "board," "milk components" and |
16 | "store" in section 103 of the act, amended December 21, 1984 |
17 | (P.L.1278, No.243), are amended and the section is amended by |
18 | adding definitions to read: |
19 | Section 103. Definitions; Construction.--The following terms |
20 | shall be construed in this act to have the following meanings, |
21 | except in those instances where the context clearly indicates |
22 | otherwise: |
23 | * * * |
24 | "Board" means the State agency created by this act, to be |
25 | known as the "Milk [Marketing] Board." |
26 | * * * |
27 | "Distributor" means a milk distributor. |
28 | * * * |
29 | "Milk components" means the components of milk, including |
30 | butterfat and any other components, for which the prices of |
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1 | handlers, producers or both are established by marketing |
2 | agreements or orders issued under the Agricultural Marketing |
3 | Agreement Act of 1937 (7 U.S.C. 601, et seq.) and which the Milk |
4 | [Marketing] Board determines by regulation are applicable to the |
5 | marketing areas established under this act. |
6 | * * * |
7 | "Milk distributer" means a person that purchases or receives |
8 | for resale milk from sources outside this Commonwealth and |
9 | handles the milk within this Commonwealth for further sale in |
10 | the same containers as those in which it was purchased. |
11 | * * * |
12 | "Qualified producer" means any of the following: |
13 | (1) A producer in this Commonwealth whose milk is purchased |
14 | or processed as fluid or manufactured products. |
15 | (2) An out-of-State producer whose milk is: |
16 | (i) delivered to a plant in this Commonwealth to be |
17 | processed as a Class I product; or |
18 | (ii) sold at wholesale or retail in a transaction which is |
19 | subject to minimum pricing under this act. |
20 | The term does not include a producer selling milk that is exempt |
21 | under section 402 or a cooperative. |
22 | "Store" includes a grocery store, hotel, restaurant, soda |
23 | fountain, dairy products store, vending machine or any similar |
24 | mercantile establishment which sells [or distributes] milk. |
25 | * * * |
26 | Section 3. Sections 201 and 204 of the act, amended December |
27 | 21, 1984 (P.L.1278, No.243), are amended to read: |
28 | Section 201. Appointment and Terms of Members; Quorum.-- |
29 | There is hereby created an independent administrative board to |
30 | be known as the Milk [Marketing] Board. The board shall consist |
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1 | of [three] five members nominated and appointed by the Governor, |
2 | by and with the advice and consent of [two-thirds] a majority of |
3 | all the members of the Senate, for terms of [six (6)] four (4) |
4 | years each and for not more than two terms[, and until their |
5 | successors shall have been appointed and qualified; except that |
6 | the terms of the members first taking office shall expire May |
7 | first, one thousand nine hundred thirty-nine, May first, one |
8 | thousand nine hundred forty-one, and May first, one thousand |
9 | nine hundred forty-three, respectively, as designated by the |
10 | Governor at the time of appointment and until their successors |
11 | shall have been appointed and qualified]. Of the members |
12 | appointed [after the effective date of this amending act], [one] |
13 | three shall be appointed to represent consumer interests and |
14 | [shall have the responsibility under the direction of the board |
15 | for directing the executive secretary to coordinate and |
16 | supervise the Bureau of Consumer Affairs.] must be from |
17 | different geographic regions of this Commonwealth. The consumer |
18 | members must have no affiliation with the dairy industry at any |
19 | level. Two members must be active or retired dairy farmers and |
20 | must be from different geographic regions of this Commonwealth. |
21 | The board member whose term ends in 2011 shall be replaced by a |
22 | consumer member. The board members serving as of July 1, 2011, |
23 | whose terms end in 2013 and 2015 shall be replaced by dairy |
24 | farmer members. One consumer member's term shall run until May |
25 | 1, 2012; and the term of the other consumer member shall run |
26 | until May 1, 2014. |
27 | The Governor shall designate one of the dairy farmer members |
28 | of the board as chairman. The chairman shall, when present, |
29 | preside at all meetings and price hearings, and in his absence a |
30 | member designated by the chairman shall preside. When presiding |
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1 | at a price hearing, the chairman or acting chairman shall have |
2 | the status of agency head for the purpose of conducting the |
3 | hearing. |
4 | [Two] Three members of the board shall constitute a quorum, |
5 | and any action or order of the board shall require the approval |
6 | of at least [two] three members. |
7 | The board shall consult with the Dean of the College of |
8 | Agricultural Sciences at The Pennsylvania State University at |
9 | all hearings and shall consider the recommendations made, which |
10 | shall be part of the public record. The Attorney General shall |
11 | serve as an advisor to the board. |
12 | The Governor may remove any board member for inefficiency, |
13 | neglect of duty, loss of qualification as provided in section |
14 | 202 or misconduct in office: Provided, That he is given a copy |
15 | of the charges against him and an opportunity to be publicly |
16 | heard in person or by counsel in his own defense upon not less |
17 | than ten days' notice, and that the Governor file with the |
18 | Department of State a complete statement of all charges made |
19 | against such board member, together with a complete record of |
20 | the proceedings and his findings thereon. |
21 | [Section 204. Bureau of Consumer Affairs.--There shall be |
22 | established under the direction of the board a Bureau of |
23 | Consumer Affairs which shall be supervised by the secretary |
24 | under the direction of the consumer member by and with the |
25 | consent of a majority of the board. The purpose of this bureau |
26 | shall be to consult with representatives of consumer groups, to |
27 | disseminate information relative to activities of the board, to |
28 | act as a liaison to other Federal, State and local agencies |
29 | involved in the dairy industry and in milk marketing, to supply |
30 | pertinent data to news media and other interested parties and to |
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1 | make any recommendations found necessary as a result of such |
2 | consultations with consumer groups and other bureau activities |
3 | as directed by the secretary, consumer member and board. |
4 | The office and personnel of the bureau shall be located in a |
5 | place designated by a majority of the members of the board.] |
6 | Section 4. The act is amended by adding an article to read: |
7 | ARTICLE IV-A |
8 | MILK DISTRIBUTORS |
9 | Section 401-A. Milk distributors required to be licensed. |
10 | (a) Requirement.--A person may not operate as a milk |
11 | distributor in this Commonwealth unless the person holds a milk |
12 | distributor's license issued by the board. |
13 | (b) Original.--A license application must be completed and |
14 | filed by the milk distributor: |
15 | (1) within 30 days after the effective date of this |
16 | section; or |
17 | (2) prior to his engaging in business. |
18 | (c) Renewal.--A license must be renewed annually before July |
19 | 1. The renewal application must be filed by June 15. |
20 | (d) Form.--The board shall prescribe forms for applications |
21 | under subsections (b) and (c). |
22 | Section 402-A. Refusal, suspension or revocation of license. |
23 | (a) Scope.--This section applies if the board makes a |
24 | determination, after a hearing as set forth in section 405, that |
25 | an applicant or a licensee has not complied with this act or a |
26 | regulation and order under this act. |
27 | (b) Authority.--If subsection (a) applies, the board may: |
28 | (1) Decline to grant a license to an applicant. |
29 | (2) Decline to renew a license of a licensee. |
30 | (3) Suspend or revoke a license. |
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1 | Section 5. Section 701 of the act, amended December 21, 1984 |
2 | (P.L.1278, No.243), is amended to read: |
3 | Section 701. Records.--Milk dealers and distributors subject |
4 | to license by the board shall keep within the Commonwealth the |
5 | following records: |
6 | (1) A record of the quantity of all milk received or |
7 | produced, detailed as to location and as to names and addresses |
8 | of producers or milk dealers or distributors from whom received, |
9 | with butterfat or appropriate milk component tests, weights; |
10 | prices paid, and deductions or charges made. |
11 | (2) A record of the quantity of all milk sold, detailed as |
12 | to grade, use, location, market outlet, and size and type of |
13 | container, with prices and amounts received therefor, and the |
14 | butterfat or appropriate milk component tests thereof. |
15 | (3) A record of the quantities of all milk transported, |
16 | shipped, or hauled, including the distances and the amounts paid |
17 | for the movement of such milk, in all cases where the dealer |
18 | pays on his own account or on the account of producers for the |
19 | movement thereof. |
20 | (4) A record of the quantity of each milk product |
21 | manufactured, the quantity of milk used in the manufacture of |
22 | each product, and the quantity and value of milk products sold. |
23 | (4.1) The price or cost of containers used, by size and |
24 | type. |
25 | (5) A record of wastage or loss of milk or butterfat. |
26 | (6) A record of the spread or handling expense and profit or |
27 | loss, represented by the difference between the price paid and |
28 | the price received for all milk and milk products. |
29 | (7) A record of all other transactions affecting the assets, |
30 | liabilities, or net worth of the dealer or distributor. |
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1 | (8) Such other records and information as the board may deem |
2 | necessary for the proper enforcement of this act. |
3 | The records herein required shall be kept in the possession |
4 | of the milk dealer for a period not less than two years, unless |
5 | the board otherwise provides. |
6 | Section 6. Section 702 of the act, amended July 31, 1968 |
7 | (P.L.963, No.294), is amended to read: |
8 | Section 702. Reports.--Each milk dealer and distributor |
9 | shall, from time to time, as required by rule, regulation or |
10 | order of the board, make and file a verified report, on forms |
11 | prescribed by the board, of all matters on account of which a |
12 | record is required to be kept, together with such other |
13 | information or facts as may be pertinent and material within the |
14 | scope of the purposes and intent of this act. Such report shall |
15 | cover a period specified in the order, and shall be filed within |
16 | a time fixed by the board. |
17 | Section 7. Sections 801 and 803 of the act, amended December |
18 | 21, 1984 (P.L.1278, No.243), are amended to read: |
19 | Section 801. Requisites of Orders Fixing Price of Milk.--The |
20 | board shall ascertain, after a hearing in which all interested |
21 | persons shall be given reasonable opportunity to be heard, the |
22 | logical and reasonable milk marketing areas within the |
23 | Commonwealth, shall describe the territorial extent thereof, |
24 | shall designate such areas by name or number, and shall |
25 | ascertain and maintain such prices paid to producers, to dealers |
26 | and to stores for milk in the respective milk marketing areas as |
27 | will be most beneficial to the public interest, best protect the |
28 | milk industry of the Commonwealth and insure a sufficient |
29 | quantity of pure and wholesome milk to inhabitants of the |
30 | Commonwealth, having special regard to the health and welfare of |
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1 | children residing therein. |
2 | The board shall base all prices upon all conditions affecting |
3 | the milk industry in each milk marketing area, in one or more |
4 | milk marketing areas or in this Commonwealth as a whole, as it |
5 | deems appropriate, including the amount necessary to yield a |
6 | reasonable return to the producer, which return shall [not be |
7 | less than the cost of production and a reasonable profit to the |
8 | producer] be determined on the basis of the cost of feed for |
9 | dairy cattle plus a margin as determined by the board, which |
10 | shall not be less than eight dollars per hundredweight over the |
11 | cost of feed, of the quantity of milk necessary to supply the |
12 | consumer demand for fluid milk plus a reasonable reserve supply |
13 | as determined by the board, and a reasonable return on aggregate |
14 | milk sales by milk dealers or handlers and stores selling milk. |
15 | A reasonable return shall mean not less than a two and one-half |
16 | percent (2 1/2%) nor more than a three and one-half percent (3 |
17 | 1/2%) rate of return based on net sales of price-controlled |
18 | products determined in accordance with generally accepted |
19 | accounting principles. However, where the board determines that |
20 | the market for Pennsylvania produced milk is threatened it may |
21 | establish [producer] prices to producers, dealers or handlers |
22 | and stores selling milk designed to market the milk. Such |
23 | prices, if less than the reasonable return guaranteed under this |
24 | section, shall be established so as to affect equitably |
25 | producers, dealers or handlers and stores selling milk. In |
26 | ascertaining such returns, the board shall utilize available information concerning producers' [cost of production] income |
27 | -over-feed ratio and a cross-section representative of |
28 | producers, dealers and stores in the area and shall consider |
29 | unit costs of various types of products and of various sizes of |
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1 | containers. |
2 | The board shall file at its office, with each order issued, a |
3 | general statement in writing of the findings of fact in support |
4 | of, and the reasons for such order. |
5 | The board may, upon its own motion or upon application in |
6 | writing, from time to time, alter, revise or amend an official |
7 | order defining milk marketing areas or fixing prices to be |
8 | charged or paid for milk. Before making, revising or amending |
9 | any order defining milk marketing areas or fixing prices to be |
10 | charged or paid for milk, the board shall hold a hearing, after |
11 | giving reasonable opportunity to be heard to interested persons, |
12 | of whom the board has notice, and, in the case of any order |
13 | affecting the public, after giving reasonable notice thereof to |
14 | the public in such newspaper or newspapers as, in the judgment |
15 | of the board, shall afford sufficient notice and publicity: |
16 | Provided, however, That after such hearing, there shall be a |
17 | further hearing or conference before the board on any proposed |
18 | order, and notice of such further hearing or conference shall be |
19 | given to the parties represented and heard at the previous |
20 | hearing. Upon application in writing from a person aggrieved by |
21 | an order of the board hereunder, filed within fifteen (15) days |
22 | after the issuance of the order complained of, or upon its own |
23 | motion, the board may, within twenty (20) days after the |
24 | effective date of such order, issue an order revising or |
25 | amending such order without a further hearing, if such revision |
26 | or amendment is based on the record of the hearing held prior to |
27 | the issuance of such order. |
28 | "Interested persons," as used in this section, means all |
29 | persons who may be affected by an order of the board fixing |
30 | prices, and who have signified to the board in writing their |
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1 | desire to be notified of such hearings concerning a particular |
2 | milk market area or areas within the Commonwealth. "Reasonable |
3 | opportunity to be heard" may be afforded by written notice |
4 | addressed to the last known address of an interested party by |
5 | mail, postage prepaid, by deposit in a United States post office |
6 | or any receptacle thereof. Nothing contained in this section |
7 | shall be construed to limit or modify the provisions of section |
8 | three hundred eight of this act relating to the posting and |
9 | publicizing of orders of the board, including orders made under |
10 | this article and the force and effect thereof. |
11 | At any hearing provided for herein the testimony of an expert |
12 | statistician present at the hearing and any printed, |
13 | typewritten, duplicated, mimeographed or other written treatise, |
14 | report or statistical data by an expert not present as a |
15 | witness, if and to the extent it is endorsed as reliable to an |
16 | expert witness present at the hearing, shall be competent |
17 | evidence on any subject material to fixing any price under this |
18 | article. However, the testimony, treatise, report or data must |
19 | result from a study of facts and conditions in the milk |
20 | marketing area which is the subject of the hearing. |
21 | All provisions of all price-fixing orders of the board shall |
22 | be presumed to be valid, and the burden of proving any |
23 | invalidity of any provisions thereof shall be upon the person |
24 | asserting the same. Any determination by the board, or a court |
25 | to which an appeal has been taken, that the wholesale or retail |
26 | prices provided are invalid shall not prevent the enforcement of |
27 | prices to producers, but any determination that prices to |
28 | producers are unreasonable shall require the redetermination by |
29 | the board of wholesale and retail prices as well as prices to |
30 | producers. |
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1 | Whenever an order of the board fixing prices is remitted to |
2 | the board with directions to reform the findings or order in |
3 | accordance with the opinion of the court, and no further appeal |
4 | is taken by the board, the board shall make such reformation |
5 | within thirty days from the entry of the order of the court |
6 | remitting the price-fixing order to the board. |
7 | Section 803. Prices to Producers.--(a) The board shall fix, |
8 | by official order, the minimum prices or a formula for the |
9 | setting of minimum prices to be paid by milk dealers or handlers |
10 | to producers for milk or milk components sold or delivered or |
11 | made available on consignment or otherwise by producers to |
12 | dealers or handlers: Provided, however, That the fixing of |
13 | prices to be paid by milk dealers or handlers to producers for |
14 | milk or milk components to be used solely in manufacturing shall |
15 | be discretionary with the board. |
16 | (b) The price for Class I milk in a milk marketing area in |
17 | this Commonwealth shall reflect the highest Federal location |
18 | differential for a county in the area where a Class I plant is |
19 | located. Producers shall be paid on a sales point pricing basis. |
20 | For Class I milk, the price shall be the higher of the board- |
21 | mandated price or the Federal price. |
22 | (c) A producer premium established by the board in excess of |
23 | the prices established under subsection (b) shall be paid by |
24 | milk dealers or handlers or milk distributors into the Producer |
25 | Settlement Fund. |
26 | (d) Prices to producers fixed by the board under this |
27 | section in excess of the Federal order price shall be paid by |
28 | milk dealers or handlers or milk distributors into the Producer |
29 | Settlement Fund. |
30 | Section 8. The act is amended by adding a section to read: |
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1 | Section 803.1. Title to Milk.--(a) The scope of this |
2 | section is as follows: |
3 | (1) This section shall apply only to the administration of |
4 | this act. |
5 | (2) This section shall not supersede an order of a Federal |
6 | administrative agency or of the board which requires the cost of |
7 | shipment of milk to be free on board the place of destination |
8 | and is not intended to mandate changes in existing customs and |
9 | practices with respect to allocation of the costs and risks of |
10 | delivering milk from the farm to plant of first receipt. |
11 | (b) Notwithstanding 13 Pa.C.S. § 2401(2)(ii) (relating to |
12 | passing of title; reservation for security; limited application |
13 | of section), title to milk shall be transferred from the |
14 | producer to the milk dealer at the point of shipment of the |
15 | milk. |
16 | Section 9. Section 805 of the act, amended July 31, 1968 |
17 | (P.L.963, No.294), is amended to read: |
18 | Section 805. Price Increases.--It is hereby declared to be |
19 | the legislative intent that the benefits of any increase of |
20 | prices received by milk dealers, by virtue of the minimum price |
21 | provisions of this article, shall be given to producers[, except |
22 | in any case where the board deems a deviation from this policy |
23 | necessary in order lawfully to maintain proper milk markets and |
24 | outlets for producers and consumers]. The board shall, whenever |
25 | it deems such action necessary, issue orders, rules or |
26 | regulations to effectuate this intent. |
27 | Section 10. Sections 1102 and 1104 of the act, amended |
28 | December 20, 1991 (P.L.404, No.48), are amended to read: |
29 | Section 1102. Expenses.--(a) As much of the money in the |
30 | Milk Marketing Fund as may be necessary shall be annually |
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1 | appropriated to the [Milk Marketing Board] board to be used to |
2 | pay its expenses, including the following: |
3 | (1) Salaries of the board and of its employes. |
4 | (2) Rental and other expenses for offices, rooms, garage |
5 | space and other accommodations outside of the Capitol Buildings, |
6 | either in or outside of the capital city, occupied by the board. |
7 | (3) Premiums for workmen's compensation insurance covering |
8 | the officers and employes of the board. |
9 | (4) Premiums for surety bonds for such officers or employes |
10 | of the board as may be required by law to furnish such bonds. |
11 | (5) Purchase and operating costs of motor vehicles required |
12 | by the board for full-time use, including premiums for liability |
13 | insurance covering such motor vehicles and the members of the |
14 | board and employes operating them; also the amount payable to |
15 | the Department of General Services for the use of automobiles |
16 | supplied by it for temporary use by the board. |
17 | (6) Furniture, stationery, materials, supplies and all other |
18 | overhead expenses of the board. |
19 | (7) All other expenses of every kind and description |
20 | necessary for the performance by the board of its work. |
21 | (b) All such purchases and leases shall be made, and all |
22 | such contracts of insurance and surety bonds shall be placed, |
23 | through the Department of General Services as agent. |
24 | (c) Before November 1 of each year, the [Milk Marketing |
25 | Board] board shall estimate its total expenses for the fiscal |
26 | year beginning July 1 of the following year. This estimate shall |
27 | be submitted to the Governor in accordance with section 610 of |
28 | the act of April 9, 1929 (P.L.177, No.175), known as "The |
29 | Administrative Code of 1929." At the same time the board submits |
30 | its estimate to the Governor, the board shall also submit that |
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1 | estimate to the General Assembly through the President pro |
2 | tempore of the Senate and the Speaker of the House of |
3 | Representatives. The board, or its designated representatives, |
4 | shall be afforded an opportunity to appear before the Governor |
5 | regarding its estimate. |
6 | Section 1104. Payment.--[Moneys] Money in the Milk Marketing |
7 | Fund appropriated to the [Milk Marketing Board] board shall be |
8 | paid out upon warrant of the State Treasurer drawn after |
9 | requisition by the secretary of the [Milk Marketing Board] |
10 | board. |
11 | Section 11. The act is amended by adding a section to read: |
12 | Section 1104.1. Producer Settlement Fund.--The Producer |
13 | Settlement Fund is established in the State Treasury as a |
14 | restricted account. The fund shall consist of money deposited |
15 | under section 803(d) as prescribed by the board. All money in |
16 | the fund and the interest accruing thereon are hereby |
17 | appropriated to the Milk Board on a continuing basis to carry |
18 | out the provisions of this section. The board may use up to the |
19 | lesser of two percent (2%) or two hundred thousand dollars |
20 | ($200,000) of the fund for administration. Money in the fund |
21 | shall be distributed at least quarterly by the board on a pro |
22 | rata basis to qualified producers based on the volume of milk |
23 | produced and shipped by each qualified producer. |
24 | Section 12. Section 1204 of the act, added December 21, 1984 |
25 | (P.L.1278, No.243), is repealed: |
26 | [Section 1204. Joint Study Committee.--There is hereby |
27 | created a Joint Study Committee which shall study the |
28 | implementation and effect of resale pricing under this act. The |
29 | committee shall be in existence until its report hereunder is |
30 | delivered to the General Assembly not later than December 31, |
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1 | 1985. The committee shall consist of the following members: |
2 | (1) Four producers, one each appointed by the majority |
3 | leader and minority leader of each house. |
4 | (2) Four consumers, one each appointed by the majority and |
5 | minority leaders of each house. |
6 | (3) Four dealers, one each appointed by the majority and |
7 | minority leaders of each house. |
8 | (4) The chairman and the minority chairman of the |
9 | Agriculture and Rural Affairs Committees of each house, or their |
10 | designee. |
11 | (5) One at-large member appointed by the Secretary of |
12 | Agriculture. |
13 | At the first meeting of the committee which will be called by |
14 | the chairman of the Senate Agriculture and Rural Affairs |
15 | Committee, the committee shall elect a chairman who, with the |
16 | concurrence of a majority of the members of the committee, shall |
17 | determine a schedule of meetings for the conduct of committee |
18 | business. The chairman thus elected, or another member of the |
19 | committee as appointed by the chairman, shall preside at all |
20 | meetings of the committee. |
21 | There is also hereby created an advisory committee to provide |
22 | assistance and support for the Joint Study Committee and which |
23 | shall consist of: |
24 | (1) The chairman of the Pennsylvania Milk Marketing Board |
25 | and his staff. |
26 | (2) The Dean of the Pennsylvania State University College of |
27 | Agriculture and his staff. |
28 | (3) The Dean of the Wharton School of Business |
29 | Administration of the University of Pennsylvania and his staff. |
30 | The purpose of the committee shall be to study and report |
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1 | upon the implementation and effect of the resale milk pricing |
2 | provisions of this act. The committee shall submit its final |
3 | report to the Agriculture and Rural Affairs Committee of each |
4 | house not later than December 1, 1985.] |
5 | Section 13. The amendment of section 201 of the act shall |
6 | apply to individuals serving on the Milk Marketing Board on the |
7 | effective date of this section as follows: |
8 | (1) The individual shall serve to the end of the current |
9 | term. |
10 | (2) At the completion of the current term, the |
11 | individual is eligible for reappointment under section 201 of |
12 | the act. |
13 | (3) Eligibility for appointment is not affected by: |
14 | (i) service prior to the effective date of this |
15 | section; or |
16 | (ii) service under paragraph (1). |
17 | Section 14. This act shall take effect in 60 days. |
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