LD 28
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Page 1 of 2 Resolve, to Extend the Commission to Study Equity in the Distribution of Gas Ta... LD 28 Title Page
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LR 431
Item 1

 
Sec. 2. Commission membership; appointed and ex officio members. Resolved: That
the commission consists of 15 appointed members and up to 3 ad-
hoc members as follows.

 
1. Legislative members reappointed. The legislative members
who were appointed pursuant to Resolve 1999, chapter 131, who are
members of the 120th Legislature are members of this commission.

 
2. Filling of legislative vacancies. The President of the
Senate shall appoint 3 members of the Senate to replace the
members of the Senate appointed pursuant to Resolve 1999, chapter
131, who are not members of the 120th Legislature. When making
those appointments, the President of the Senate shall give
preference to members from the joint standing committees of the
Legislature having jurisdiction over inland fisheries and
wildlife matters, transportation matters and taxation matters;

 
3. Ex officio members. The following persons are ex officio
voting members:

 
A. The Commissioner of Conservation or the commissioner's
designee;

 
B. The Commissioner of Marine Resources or the
commissioner's designee;

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

 
D. The Commissioner of Transportation or the commissioner's
designee; and

 
E. The Director of the Bureau of Revenue Services within
the Department of Administrative and Financial Services or
the director's designee.

 
4. Ad hoc members. Persons who were appointed by the
President of the Senate or the Speaker of the House pursuant to
Resolve 1999, chapter 131, who are not elected members of the
120th Legislature may serve as nonvoting ad hoc members of the
commission; and be it further

 
Sec. 3. Appointments; meetings. Resolved: That all appointments must be
made no later than 30 days after the effective date of this
resolve. The appointing authorities shall notify the Executive
Director of the Legislative Council once the appointments have
been made. The Executive Director of the Legislative Council
shall notify the chairs when all appointments have been made.
The chairs of the commission shall call and

 
convene the first meeting of the commission any time after the
effective date of this resolve; and be it further

 
Sec. 4. Duties. Resolved: That the commission shall fulfill all the
duties required by Resolve 1999, chapter 131 and shall:

 
1. Oversee contracts. Oversee the surveys of gasoline
consumption by all-terrain vehicles, snowmobiles and watercraft
undertaken by the Margaret Chase Smith Center for Public Policy
at the University of Maine pursuant to a cooperative agreement
between the university and the Department of Conservation, the
Department of Inland Fisheries and Wildlife, the Department of
Marine Resources and the Department of Transportation as provided
in a contract among those entities signed in November 2000. That
oversight must include regular meetings during 2001 with the
university and interested parties to assist in the development of
the surveys and to review and discuss the results of each survey;

 
2. Seek input. Seek input from the public; from
organizations representing snowmobile, all-terrain vehicle and
watercraft users, including the Maine Snowmobile Association,
groups representing all-terrain vehicle users and the Maine
Marine Trade Association; and from any other interested
individuals or organizations. In seeking that input, the
commission shall, within its budgeted resources, hold its
meetings in geographically diverse locations throughout the
State;

 
3. Strategic boating plan. Review and report on any updates
or supplemental information prepared by the Department of Inland
Fisheries and Wildlife, the Department of Conservation or the
Department of Marine Resources pertaining to the strategic
boating plan prepared by those agencies pursuant to Resolve 1999,
chapter 131; and

 
4. Collect other data. Collect other data and make other
recommendations the commission considers appropriate on the issue
of off-road fuel consumption or on any other matter pertaining to
off-road recreational vehicle use; and be it further

 
Sec. 5. Report. Resolved: That the commission shall submit its
report, together with any recommended implementing legislation,
to the Second Regular Session of the 120th Legislature no later
than December 6, 2001. If the commission requires an extension
of time to make its report, it may apply to the Legislative
Council, which may grant the extension; and be it further

 
Sec. 6. Staff assistance. Resolved: That, upon approval of the
Legislative Council, the Office of Policy and Legal

 
Analysis shall provide staffing assistance to the commission.
The Office of Fiscal and Program Review and the Department of
Transportation, the Department of Marine Resources, the
Department of Inland Fisheries and Wildlife, the Department of
Conservation and the Department of Administrative and Financial
Services, Bureau of Revenue Services shall also provide
assistance as requested by the commission; and be it further

 
Sec. 7. Compensation. Resolved: That the members of the commission
who are Legislators are entitled to receive the legislative per
diem, as defined in the Maine Revised Statutes, Title 3, section
2, and reimbursement for travel and other necessary expenses
related to their attendance at authorized meetings of the
commission. Other members of the commission, including ad hoc
members, who are not compensated by their employers or other
entities that they represent are entitled to receive
reimbursement for travel and other necessary expenses related to
their attendance at authorized meetings; and be it further

 
Sec. 8. Budget. Resolved: That the chairs of the commission, with
assistance from the commission staff, shall administer the
commission's budget. The commission may not incur expenses
exceeding its approved budget. Upon request from the commission,
the Executive Director of the Legislative Council shall promptly
provide the commission and its staff with a status report on the
commission's budget, expenditures incurred and remaining
available funds; and be it further

 
Sec. 9. Appropriations carried over. Resolved: That funds appropriated to
the commission by Resolve 1999, chapter 131 that are unexpended
are carried forward to fiscal year 2001-02 to be used for the
purposes specified in that resolve and in this resolve.

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

 
SUMMARY

 
This emergency resolve authorizes for an additional year,
until December 6, 2001, the Commission to Study Equity in the
Distribution of Gas Tax Revenues Attributable to Snowmobiles,
All-terrain Vehicles and Watercraft. That commission was
originally authorized during the Second Regular Session of the
119th Legislature pursuant to Resolve 1999, chapter 131.

 
This resolve reappoints the 5 ex officio members of the
commission appointed during the 119th Legislature and retains the

 
legislative members appointed during the 119th Legislature who
are now members of the 120th Legislature. Members who were
appointed as legislative members in 1999 but who are no longer
members of the Legislature are entitled to serve as ad hoc
members of the commission during 2001.

 
No additional funding is requested in this resolve, although
the resolve does carry forward all unexpended balances
appropriated in Resolve 1999, chapter 131, to be used by the
commission during 2001 to complete its responsibilities.


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