LD 1823
pg. 2
Page 1 of 2 Resolve, to Create a Commission to Study Issues Concerning Changes to the Tradi... LD 1823 Title Page
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LR 2646
Item 1

 
Sec. 2. Commission membership. Resolved: That the commission consists
of the following 7 members:

 
1. Two members of the Senate, appointed by the President of
the Senate, who shall give preference to members representing the
unorganized territories, one from the Joint Standing Committee on
State and Local Government and one from the Joint Standing
Committee on Natural Resources;

 
2. Three members of the House of Representatives, appointed
by the Speaker of the House, who shall give preference to members
representing the unorganized territories, one member from the
Joint Standing Committee on Agriculture, Conservation and
Forestry; one member from the Joint Standing Committee on
Taxation; and one member from the Joint Standing Committee on
Judiciary;

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

 
4. One representative from the Maine Land Use Regulation
Commission, appointed by the Governor; and be it further

 
Sec. 3. Chairs. Resolved: That the first named Senate member is the
Senate chair of the commission and the first named House of
Representatives member is the House chair of the commission; and
be it further

 
Sec. 4. Appointments; meetings. Resolved: That all appointments must be
made no later than 30 days following the effective date of this
resolve. The Executive Director of the Legislative Council must
be notified by all appointing authorities once the selections
have been made. When the appointment of all members has been
completed, the chairs of the commission shall call and convene
the first meeting of the commission within 30 days of being
notified that all appointments have been made; and be it further

 
Sec. 5. Duties. Resolved: That the commission shall study the
economic and societal impact of the termination of camp lot lease
arrangements and of the public enjoyment of state lands,
including the lands of the unorganized territory, and develop a
plan to preserve the traditional camp lot lease arrangements in
and public enjoyment of state lands.

 
1. In conducting the study, the commission shall:

 
A. Review the history of and recent changes to camp lot
lease arrangements in state lands, including those of the
unorganized territory;

 
B. Review the history of public enjoyment of and access to
state lands, including those of the unorganized territory,
examining public access through private roads; trails,
including snowmobile, hiking and multiple-use recreation
trails; and rights-of-way to great ponds;

 
C. Assess the economic impact of the termination of camp
lot leases and of the closing of public access;

 
D. Assess the economic impact of attempts to circumvent
Maine tax law by avoidance of real estate transfer taxes and
maintenance of land for tree growth, thereby paying only
tree growth taxes; and

 
E. Research issues of colonial law and any other legal
implications arising in this context.

 
2. The commission shall develop a plan to:

 
A. Preserve the traditional camp lot lease arrangements in
the state lands being purchased by private individuals;

 
B. Ensure compensation for individuals whose camp lot
leases are terminated;

 
C. Preserve public enjoyment of and access to the state
lands being purchased by private individuals; and

 
D. Ensure adherence to Maine tax law.

 
The plan must, to the extent possible, build upon current efforts
and must include an estimate of the costs associated with
implementing it; 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 necessary staffing services to the commission; and
be it further

 
Sec. 7. Compensation. Resolved: That the members of the commission
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. 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 incurred
for their attendance at authorized meetings; and be it further

 
Sec. 8. Report. Resolved: That the commission shall submit its
report, including the plan required by section 5 of this resolve,
together with any necessary implementing legislation, to the
Second Regular Session of the 120th Legislature no later than
November 1, 2001. If the commission requires a limited extension
of time to conclude its work, it may apply to the Legislative
Council, which may grant the extension; and be it further

 
Sec. 9. 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 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's budget, expenditures incurred and paid and available
funds; and be it further

 
Sec. 10. Appropriation. Resolved: That the following funds are
appropriated from the General Fund to carry out the purposes of
this resolve.

 
2001-02

 
LEGISLATURE

 
Commission to Study Issues Concerning

 
Changes to the Traditional Uses of Maine

 
Forests and Lands

 
Personal Services$1,100

 
All Other1,800

 
Provides funds for the per diem and expenses
of legislative members of the Commission to
Study Issues Concerning Changes to the
Traditional Uses of Maine Forests and Lands
and to print the required report.

 
LEGISLATURE______

 
TOTAL$2,900

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

 
FISCAL NOTE

 
2001-02

 
APPROPRIATIONS/ALLOCATIONS

 
General Fund$2,900

 
The Legislature will require an additional General Fund
appropriation of $2,900 in fiscal year 2001-02 for the per diem
and expenses of legislative members of the Commission to Study
Issues Concerning Changes to the Traditional Uses of Maine
Forests and Lands and to print the required report.

 
The additional costs associated with providing staffing
assistance to the commission during the interim between
legislative sessions can be absorbed by the Legislature utilizing
existing budgeted resources. If an extension of the reporting
deadline is granted and the commission requires staffing
assistance during the legislative session, the Legislature may
require an additional General Fund appropriation to contract for
staff services.

 
The Maine Land Use Regulation Commission within the Department
of Conservation will incur some minor additional costs to
participate in the Commission to Study Issues Concerning Changes
to the Traditional Uses of Maine Forests and Lands. These costs
can be absorbed within the commission's existing budgeted
resources.

 
SUMMARY

 
This resolve creates the Commission to Study Issues Concerning
Changes to the Traditional Uses of Maine Forests and Lands.


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