S.P. 697 - L.D. 1972
Resolve, to Establish a Commission to Encourage Incorporations 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 economic viability of the State can be greatly improved by encouraging businesses to incorporate in Maine; and
Whereas, the Commission to Encourage Incorporations in Maine needs to start its work immediately upon adjournment of the First Regular Session of the 119th Legislature; 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 preserva-tion of the public peace, health and safety; now, therefore, be it
Sec. 1. Commission established. Resolved: That the Commission to Encourage Incorporations in Maine, referred to in this resolve as the "commission," is established; and be it further
Sec. 2. Membership. Resolved: That the commission consists of 8 members as follows:
1. Three members of the Senate, appointed by the President of the Senate. At least one Senator must be a member of the Joint Standing Committee on Judiciary, and no more than 2 Senators may be from the majority party. The first Senator named serves as the Senate Chair of the commission; and
2. Five members of the House of Representatives, appointed by the Speaker of the House of Representatives. At least 3 Representatives must be members of the Joint Standing Committee on Judiciary, and no more than 4 Representatives may be members from the majority party. The first Representative named serves as the House Chair of the commission; and be it further
Sec. 3. Appointments. 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 upon making their appointments. When the appointment of all members is complete, the chairs shall call and convene the first meeting of the commission no later than July 30, 1999; and be it further
Sec. 4. Duties. Resolved: That the commission shall study methods of encouraging corporations to incorporate or reincorporate in this State. In undertaking the study, the commission shall:
1. Review recent actions, if any, taken by other states and the effects of such actions;
2. Review other studies and literature related to incorporations;
3. Consult with experts and interested parties;
4. Look for creative incentives to broaden Maine's economic base; and
5. Take any other action it determines appropriate; and be it further
Sec. 5. Staff assistance. Resolved: That, upon approval by the Legislative Council, the Office of Policy and Legal Analysis shall provide necessary staffing services to the commission; and be it further
Sec. 6. Reimbursement. Resolved: That the commission members are entitled to receive the legislative per diem, as defined in the Maine Revised Statutes, Title 3, section 2, for each day's attendance at meetings of the commission, as well as reimbursement for travel and other necessary expenses upon application to the Legislative Council. The chairs of the commission, with assistance from the commission staff, shall administer the study 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 result in the commission's exceeding its approved budget.
Upon request from the commission, the Executive Director of the Legislative Council or the executive director's designee shall promptly provide the commission chairs and staff with a status report on the study budget, expenses incurred and paid and available funds; and be it further
Sec. 7. Report. Resolved: That the commission shall submit its report with any accompanying legislation for the Second Regular Session of the 119th Legislature by December 15, 1999. If the commission requires a limited extension of time to conclude its study and make its report, it may apply to the Legislative Council, which may grant the extension; and be it further
Sec. 8. Appropriation. Resolved: That the following funds are appropriated from the General Fund to carry out the purposes of this resolve.
1999-00
LEGISLATURE
Commission to Encourage Incorporations in Maine
Personal Services $2,200
All Other 2,500
Provides funds for the per diem and expenses of legislative members for 5 meetings of the Commission to Encourage Incorporations in Maine and to print the required report.
LEGISLATURE ____________
TOTAL $4,700
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective June 10, 1999.
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