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PRINTER'S NO. 1893
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1261
Session of
2020
INTRODUCED BY SCHWANK, VOGEL, COSTA, STREET, BLAKE, KILLION,
YAW, J. WARD, SANTARSIERO, GORDNER, AUMENT, BREWSTER, MENSCH,
FARNESE, MUTH, TARTAGLIONE AND ARGALL, AUGUST 24, 2020
REFERRED TO AGRICULTURE AND RURAL AFFAIRS, AUGUST 24, 2020
AN ACT
Amending the act of July 1, 1978 (P.L.730, No.132), entitled "An
act establishing fees for certain licenses, certificates and
activities relating to milk marketing and making certain
repeals," further providing for milk dealer license fees
generally and for license fees for certain milk dealers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 3 heading, (a) and (d) and 4 of the act
of July 1, 1978 (P.L.730, No.132), known as the Milk Marketing
Fee Act, are amended to read:
Section 3. Milk dealer and distributor license fees generally.
(a) The Milk Marketing Board shall charge and collect
license fees from milk dealers and distributors on a yearly
basis, as follows:
(1) Fixed fee per milk dealer and per distributor.
(2) Addition to fixed fee, for milk on which board fixes
prices under the provisions of the "Milk Marketing Law,"
received, produced or brought within the Commonwealth during
the calendar year preceding the period for which the license
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is issued.
(3) Addition to fixed fee, for all other milk on which
price is not fixed under, received, produced or brought
within the Commonwealth during the calendar year preceding
the period for which the license is issued. The provisions of
this subsection do not apply to subdealers[,] or subhandlers
[or stores].
* * *
(d) Except as otherwise expressly provided by law, the
license fee fixed by this section shall be paid before any
license, or any renewal thereof, is issued. Where a license is
applied for by a milk dealer or distributor, and the board
declines to grant a license to the applicant, the license fee
shall be charged and retained by the board only pro rata for so
much of the license year as expired prior to the issuance of the
order refusing the license.
* * *
Section 4. License fees for certain milk dealers and
distributors.
(a) Milk dealers and distributors who are not engaged in the
milk business at the commencement of the license period shall
pay a proportionate amount of the specific annual fee as fixed
by regulation of the board subject to the act of June 25, 1982
(P.L.633, No.181), known as the "Regulatory Review Act."
(b) (1) Milk dealers and distributors not engaged in the
milk business for the complete preceding calendar year shall
submit with their application a license fee as fixed by
regulation of the board subject to the "Regulatory Review
Act," and, in addition thereto, at such time or times and in
such amount or amounts as the board may fix by regulation
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subject to the "Regulatory Review Act," shall pay on a
monthly basis an additional license fee of a certain amount
set by the board per hundredweight on all milk the prices of
which the board fixes under the provisions of the "Milk
Marketing Law," and a license fee of a certain amount set by
the board per hundredweight on all other milk on which the
price is not fixed by the board, received, produced or
brought within the Commonwealth by the dealer or distributor
during the preceding month.
(2) The payments required in paragraph (1) shall
continue until the dealer or distributor has been engaged in
the milk business for a full year at which time the board
shall establish payment of a license fee based on the
provisions of section 3.
(3) The provisions of this subsection do not apply to
subdealers[,] or subhandlers [or stores].
Section 2. This act shall take effect in 60 days.
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