‘An Act To Establish the Shellfish Advisory Council and To Improve the Process of Reopening Clam Flats’
HP1422 LD 2038 |
First Special Session - 123rd Legislature - Text: MS-Word, RTF or PDF |
LR 3030 Item 2 |
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Bill Tracking | Chamber Status |
Amend the bill by striking out the title and substituting the following:
‘An Act To Establish the Shellfish Advisory Council and To Improve the Process of Reopening Clam Flats’
Amend the bill by striking out everything after the title and before the summary and inserting the following:
‘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 establishment of a shellfish advisory council is paramount for the proper management of Maine's shellfish resources to ensure the safe consumption of shellfish and the health of the shellfish industry; 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,
PART A
Sec. A-1. 5 MRSA §12004-I, sub-§57-G is enacted to read:
Marine Resources | Shellfish Advisory Council | Expenses Only | 12 MRSA §6038 |
Sec. A-2. 12 MRSA §6038 is enacted to read:
§ 6038. Shellfish Advisory Council
The commissioner shall make appointments so that the composition of the council reflects a geographic distribution along the coast of the State.
The council is responsible for bringing forward to the commissioner matters of concern to the shellfish industry and for assisting the commissioner with the dissemination of information to members of the shellfish industry.
Sec. A-3. 12 MRSA §6651, sub-§2, as amended by PL 1987, c. 328, §2, is further amended to read:
Sec. A-4. Shellfish Advisory Council; staggered terms. Notwithstanding the Maine Revised Statutes, Title 12, section 6038, subsection 3, the Commissioner of Marine Resources for the original appointment of members to the Shellfish Advisory Council shall designate the first 3 appointments for one-year terms, the next 4 appointments for 2-year terms and any other appointments for 3-year terms. An initial term of one or 2 years may not be considered a full term for purposes of limiting the number of terms for which a member may serve.
PART B
Sec. B-1. Implementation of recommendations. The Department of Marine Resources, working with the federal Food and Drug Administration and interested parties, in consultation with the Shellfish Advisory Council under the Maine Revised Statutes, Title 12, section 6038, shall implement in an orderly fashion all recommendations of the review conducted pursuant to Resolve 2007, chapter 82.
Sec. B-2. Water quality test projects. The Department of Marine Resources shall undertake 2 or more projects within one year of the effective date of this Act under which a municipality contracts with a private laboratory, certified by the department, to conduct water quality tests. The department shall as part of the certification process request and review the past practices or service record for an entity that seeks to be certified by the department.
Sec. B-3. Report. On or before February 15, 2009, the Shellfish Advisory Council under the Maine Revised Statutes, Title 12, section 6038 and the Department of Marine Resources shall report to the joint standing committee of the Legislature having jurisdiction over marine resources matters on all the activities the council and the department have undertaken pursuant to this Act, including the results of projects and the progress in implementing all of the recommendations made pursuant to Resolve 2007, chapter 82, section 4. In addition the Shellfish Advisory Council shall report on its overall structure and the appropriateness of the appointment process for the council.
Sec. B-4. Appropriations and allocations. The following appropriations and allocations are made.
MARINE RESOURCES, DEPARTMENT OF
Bureau of Resource Management 0027
Initiative: Appropriates funds to implement the recommendations from the November 28, 2007 review of the Department of Marine Resources' shellfish sanitation program conducted pursuant to Resolve 2007, chapter 82 and to undertake 2 or more projects where a municipality contracts with a private lab to conduct water quality testing.
GENERAL FUND | 2007-08 | 2008-09 |
POSITIONS - LEGISLATIVE COUNT
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0.000 | 1.000 |
Personal Services
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$0 | $73,009 |
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GENERAL FUND TOTAL | $0 | $73,009 |
Division of Administrative Services 0258
Initiative: Appropriates funds to implement the recommendations from the November 28, 2007 review of the Department of Marine Resources' shellfish sanitation program conducted pursuant to Resolve 2007, chapter 82 and to undertake 2 or more projects where a municipality contracts with a private lab to conduct water quality testing.
GENERAL FUND | 2007-08 | 2008-09 |
All Other
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$0 | $7,662 |
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GENERAL FUND TOTAL | $0 | $7,662 |
MARINE RESOURCES, DEPARTMENT OF | ||
DEPARTMENT TOTALS | 2007-08 | 2008-09 |
GENERAL FUND
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$0 | $80,671 |
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DEPARTMENT TOTAL - ALL FUNDS | $0 | $80,671 |
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.’
summary
This amendment is the majority report and replaces the bill.
1. It establishes the Shellfish Advisory Council to advise the Commissioner of Marine Resources and the joint standing committee of the Legislature having jurisdiction over marine resources matters on matters of interest to Maine's shellfish industry, including how best to maintain the quality of coastal waters and to expedite the opening of closed shellfish flats.
2. It directs the Department of Marine Resources, working with the federal Food and Drug Administration, interested parties and the Shellfish Advisory Council, to implement the recommendations made pursuant to Resolve 2007, chapter 82.
3. It directs the Department of Marine Resources to undertake within one year 2 or more projects in which a municipality contracts with a private laboratory certified by the department to conduct water quality testing.
4. It directs the Department of Marine Resources and the Shellfish Advisory Council to report to the joint standing committee of the Legislature having jurisdiction over marine resources matters by February 15, 2009 on activities undertaken pursuant to the directives in this amendment.
5. It adds an appropriations and allocations section and an emergency preamble and emergency clause to the bill.