| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 7 MRSA §1091, as amended by PL 1987, c. 384, §1, is | | further amended to read: |
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| | | §1091. Dues and fair share fees |
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| | | For purposes of this section, "fair share fee" means the fee | | deducted by a dealer or processor from a nonmember producer.__ | | The fair share fee must be used to defray the costs incurred | | by a recognized collective bargaining unit in fulfilling its | | duty to represent producers in their relations with the dealer | | or processor.__The fair share fee may not exceed the standard | | initiation fee, membership dues and general assessments of the | | collective bargaining unit. |
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| | | If a member of an association as defined in Title 13, | | section 1774, subsection 3 makes a written assignment of dues | to that association, those dues shall must be paid out of | | funds due or to become due to that member for any farm product | | produced or to be produced by that member, or for any services | | performed or to be performed by that member in the production | | of farm products. Any person who accepts or receives the | | product or services from the member is bound by that | | assignment after receiving written notice from the association | | or from the member, and that person shall withhold the | assigned dues from amounts payable by him that person to the | | member thereafter during the period of the assessment. |
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| | | Nonmember producers who supply farm products to dealers or | | processors who are subject to collective bargaining must be | | assessed an association fair share fee of 75% of the amount | | charged to members as dues.__This assessment must be collected | | in the same manner as member dues. |
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| | | Sec. 2. 7 MRSA §1092, as amended by PL 1987, c. 384, §2, is | | further amended to read: |
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| | | No provision which that is inserted in any contract or other | instrument that is prepared by a dealer or processor which | | that makes an assignment of the dues or fair share fees | | described in section 1091 ineffective is valid. |
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| | | An assignment of dues or fair share fees may not exceed 1% | | of the total value of the product or services delivered by the | | member to the dealer or processor. |
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