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PUBLIC LAWS OF MAINE
Second Regular Session of the 118th

CHAPTER 679

H.P. 304 - L.D. 368

An Act to Allow the Department of Inland Fisheries and Wildlife to Create Lifetime Fishing and Hunting Licenses

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 12 MRSA c. 707, sub-c. IV-A is enacted to read:

SUBCHAPTER IV-A

LIFETIME LICENSES

§7161. Resident lifetime licenses

     1. Infants and seniors. The following resident lifetime licenses may be purchased on and after January 1, 2000:

     A person must be a resident to purchase a resident lifetime license under this section. Once purchased, a resident lifetime license is valid for the life of the holder without regard to subsequent changes in the legal residence of the holder. The license entitles the holder to all fishing or hunting privileges extended to residents of that same age who hold the equivalent annual license and subjects the holder to all limitations and prerequisites on those fishing or hunting privileges that apply to residents of that same age who hold the equivalent annual license.

     Revenue from the sale of lifetime licenses is dedicated revenue and must be deposited in the Lifetime License Fund established in this subchapter. The department may establish payment procedures for licenses under this section; a license may not be issued until full payment is received.

     Notwithstanding any other provision of this section, if the commissioner determines that the sale of lifetime licenses for persons 65 years of age or older will result in a loss of license revenue to the department in any fiscal year, the commissioner shall withhold from deposit to the fund an amount necessary to avoid that loss in revenue. Money

     withheld under this paragraph may be withheld only from revenue from the sale of lifetime licenses to persons 65 years of age or older. This paragraph is repealed on July 1, 2010.

§7162. Lifetime privileges to be honored

     A lifetime license issued under this subchapter is valid for the life of the license holder unless lawfully suspended or revoked by the commissioner for a violation of fish and wildlife laws under chapters 701 to 721. The Legislature may not otherwise act in any way to limit or end the right of a person holding a lifetime license to the lifetime enjoyment of all the rights and privileges authorized by that license.

§7163.   Lifetime License Fund; establishment; management

     The Lifetime License Fund, referred to in this section as the "fund," is established in the department to accept all revenue derived from the sale of lifetime licenses. The Treasurer of State shall administer the fund and shall invest the fund, subject to the limitations of this section, for growth and income in a manner consistent with the Treasurer of State's fiduciary responsibilities. Money in the fund may not be expended for any purpose except as provided in this subchapter.

     1. Treasurer of State. The Treasurer of State shall contract with investment firms as necessary to manage the fund; may agree to the payment of reasonable management fees to those firms, using money in the fund; and may direct those firms to purchase or sell investment opportunities as necessary to prudently manage the fund. The Treasurer of State annually may reimburse the State for costs incurred to oversee the fund from earnings of the fund.

     2. Commissioner. The commissioner may accept donations to the fund but may not use any principal or earnings of the fund except upon the approval of the Treasurer of State and for the purposes set forth in this subchapter.

     3. Uses of the fund. Prior to July 1, 2010, the Treasurer of State continuously shall reinvest all earnings of the fund and may not authorize any payments from the fund or use any earnings of the fund, except those necessary to pay the costs of administering the fund. On July 1, 2010, and on July 1st of each year thereafter, the Treasurer of State shall transfer to the department an amount equal to 5 percent of the fund principal. Additional interest earned by the fund, if any, must be reinvested. All funds received from the department under this subchapter are subject to allocation by the Legislature.

     4. Report. The Treasurer of State shall report quarterly to the commissioner and to the joint standing committee of the Legislature having jurisdiction over inland fisheries and wildlife matters on the status of the fund, including the sources and amount of revenue deposited into the fund, interest earnings and payments from the fund.

Effective June 30, 1998, unless otherwise indicated.

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