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RESOLVES
First Regular Session of the 121st

CHAPTER 89
S.P. 446 - L.D. 1358

Resolve, To Reestablish the Commission To Study the Needs and Opportunities Associated with the Production of Salmonid Sport Fish in Maine

     Emergency preamble. Whereas, Acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

     Whereas, the 119th Legislature originally established the Commission to Study the Needs and Opportunities Associated with the Production of Salmonid Sport Fish in Maine in Resolve 1999, chapter 82 and the 120th Legislature reestablished it in Public Law 2001, chapter 462; and

     Whereas, Private and Special Law 2001, chapter 71 authorized a general fund bond in the amount of $7,000,000 to raise funds to construct and upgrade water pollution control facilities, to remove discharges and to make renovations and enhance wastewater treatment at the Department of Inland Fisheries and Wildlife's fish-rearing facilities; and

     Whereas, authorization of this commission for an additional period is essential to allow the commission to provide legislative policy guidance on the expenditures of those funds; and

     Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it

     Sec. 1. Commission established. Resolved: That the Commission to Study the Needs and Opportunities Associated with the Production of Salmonid Sport Fish in Maine, referred to in this resolve as "the commission," is established; and be it further

     Sec. 2. Commission membership. Resolved: That the commission consists of the following 15 members:

     1. The President of the Senate shall appoint 2 members of the Senate to the commission. The first Senator appointed pursuant to this subsection is the Senate chair of the commission. When making these appointments, the President of the Senate shall give preference to a Senate member of the Joint Standing Committee on Inland Fisheries and Wildlife and a Senate member of the Joint Standing Committee on Natural Resources;

     2. The Speaker of the House shall appoint 2 members of the House to the commission. The first Representative appointed pursuant to this subsection is the House chair. When making these appointments, the Speaker of the House shall give preference to House members of the Joint Standing Committee on Inland Fisheries and Wildlife;

     3. The Commissioner of Inland Fisheries and Wildlife or the commissioner's designee;

     4. The Superintendent of Fish Culture, Department of Inland Fisheries and Wildlife;

     5. One member of Trout Unlimited nominated by the president of that organization and appointed by the Governor;

     6. Two members of the Inland Fisheries and Wildlife Advisory Council appointed by the Governor;

     7. Three individuals representing owners or operators of a private fish hatchery in the State appointed by the Governor;

     8. Two members of the Sportsman's Alliance of Maine, one of whom is a former chair of the commission, nominated by the president of that organization and appointed by the Governor; and

     9. One individual who owns or operates a private aquaculture facility in the State appointed by the Governor; and be it further

     Sec. 3. Appointments; convening of commission; meetings. Resolved: That all appointments must be made no later than 30 days following the effective date of this resolve. The appointing authorities shall notify the Executive Director of the Legislative Council once all appointments have been completed. The chairs shall call and convene the first meeting of the commission no later than August 15, 2003. The commission is authorized to hold up to 2 meetings; and be it further

     Sec. 4. Duties. Resolved: That the commission shall assist in the expenditure of the funds authorized under Private and Special Law 2001, chapter 71 to implement the recommendations of the final report of the Commission to Study the Needs and Opportunities Associated with the Production of Salmonid Sport Fish in Maine as reported to the Joint Standing Committee on Inland Fisheries and Wildlife pursuant to Public Law 2001, chapter 462; and be it further

     Sec. 5. Staff assistance. Resolved: That, upon approval of the Legislative Council, the Office of Policy and Legal Analysis shall provide necessary staffing services to the commission; and be it further

     Sec. 6. Compensation. Resolved: That members who are Legislators are entitled to the legislative per diem, as defined in the Maine Revised Statutes, Title 3, section 2, and reimbursement for necessary expenses incurred for their attendance at authorized meetings of the commission that occur on days the Legislature is not in session. Other members of the commission who are not otherwise compensated by their employers or other entities that they represent are entitled to receive reimbursement of necessary expenses and, upon a demonstration of financial hardship, a per diem equal to the legislative per diem for their attendance at authorized meetings; and be it further

     Sec. 7. Commission budget. Resolved: That the chairs of the commission, with assistance from the commission staff, shall administer the commission's budget. Within 10 days after its first meeting, the commission shall present a work plan and proposed budget to the Legislative Council for its approval. The commission may not incur expenses that would result in the commission's exceeding its approved budget. Upon request from the commission, the Executive Director of the Legislative Council shall promptly provide the commission chairs and staff with a status report on the commission budget, expenditures incurred and paid and available funds; and be it further

     Sec. 8. Appropriations and allocations. Resolved: That the following appropriations and allocations are made.

LEGISLATURE
Commission to Study the Needs
and Opportunities Associated with
the Production of Salmonid Sport
Fish in Maine

Initiative: Allocates the unexpended balance available from funds already received from the fish hatchery maintenance fund in the Department of Inland Fisheries and Wildlife to support the cost of 2 meetings of the commission.
Other Special Revenue Funds 2003-04 2004-05

     Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.

Effective June 23, 2003.

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