CHAPTER 120
H.P. 1735 - L.D. 2214
Resolve, to Establish and Fund the Task Force on Rail Transportation
Emergency preamble. Whereas, Acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, it is imperative that the study authorized in this legislation begin immediately so that the report may be made in a timely manner; 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. Task force established. Resolved: That the Task Force on Rail Transportation, referred to in this resolve as the "task force," is established to develop a rail transportation policy for the State; and be it further
Sec. 2. Membership. Resolved: That the task force consists of 13 members appointed as follows:
1. Two members of the Joint Standing Committee on Appropriations and Financial Affairs, one of whom is appointed by the President of the Senate and one of whom is appointed by the Speaker of the House;
2. Three members of the Joint Standing Committee on Business and Economic Development, 2 of whom are appointed by the President of the Senate and one of whom is appointed by the Speaker of the House;
3. Three members of the Joint Standing Committee on Transportation, one of whom is appointed by the President of the Senate and 2 of whom are appointed by the Speaker of the House;
4. One member representing the Board of Directors of the Maine Port Authority, appointed by the President of the Senate;
5. One member representing railroad shippers, appointed by the Speaker of the House;
6. One member representing an airport that currently is integrated with an existing rail system, appointed by the President of the Senate;
7. One member representing the Northern New England Passenger Rail Authority, appointed by the Speaker of the House; and
8. One member representing a private railroad in Maine, appointed by the Speaker of the House; and be it further
Sec. 3. Task force chairs. Resolved: That the first named Senator is the Senate chair of the task force and the first named member of the House is the House chair of the task force; and be it further
Sec. 4. Appointments; convening of task force. 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 all appointments have been made. When the appointment of all members has been completed, the chairs of the task force shall call and convene the first meeting of the task force, which must be no later than June 15, 2002; and be it further
Sec. 5. Duties. Resolved: That the task force shall:
1. In cooperation with the Commissioner of Transportation, develop a rail transportation policy and plan that integrates rail, highway, marine and air transportation into an efficient and cohesive system for the entire State that best meets the needs of Maine citizens and Maine businesses;
2. Develop visions for an integrated transportation system to be established in 5 and 10 years, and beyond, as far as practicable, and develop the steps that must be taken to achieve each vision within each specified time period;
3. Develop emergency and backup plans for railroads that are confronted with the possibility of bankruptcy, significant financial problems or significant reductions in service;
4. Review and evaluate current transportation system policies and plans;
5. Identify any obstacles to the successful implementation of current and proposed transportation system policies and plans;
6. Determine the resources, including "personal services," "capital" and "all other" funding, needed to achieve each vision, including the means by which these resources can be made available; and
7. Create a plan for educating the Legislature and the public with respect to the transportation plans and policies developed by the task force; and be it further
Sec. 6. Meetings. Resolved: That the task force may meet a maximum of 4 times; and be it further
Sec. 7. Staff assistance. Resolved: That, upon approval of the Legislative Council, the Office of Policy and Legal Analysis shall provide necessary staffing services to the task force; and be it further
Sec. 8. Compensation. Resolved: That members of the task force are entitled to receive the legislative per diem and reimbursement for travel and other necessary expenses related to their attendance at authorized meetings of the task force. Public members not otherwise compensated by their employers or other entities that they represent are entitled to receive reimbursement of necessary expenses for their attendance at authorized meetings of the task force; and be it further
Sec. 9. Report. Resolved: That the task force shall submit a report that includes its findings and recommendations, to the Legislative Council by November 6, 2002; and be it further
Sec. 10. Extension. Resolved: That, if the task force requires a limited extension of time to complete its study and make its report, it may apply to the Legislative Council, which may grant an extension. Upon submission of its required report, the task force terminates; and be it further
Sec. 11. Budget. Resolved: That the chairs of the task force, with assistance from the task force staff, shall administer the task force's budget. Within 10 days after its first meeting, the task force shall present a work plan and proposed budget to the Legislative Council for approval. The task force may not incur expenses that would result in the task force's exceeding its approved budget. Upon request from the task force, the Executive Director of the Legislative Council or the executive director's designee shall promptly provide the task force chairs and staff with a status report on the task force's budget, expenditures incurred and paid and available funds; and be it further
Sec. 12. Funding. Resolved: That, notwithstanding the Maine Revised Statutes, Title 23, section 7103, the State Controller shall transfer $6,260 from the Railroad Preservation and Assistance Fund under the Maine Revised Statutes, Title 23, section 7103 to the Legislature to fund the task force. These funds must be used for all costs incurred to pay the per diem and expenses of members of the task force who are Legislators and members who are not otherwise compensated by their employers or other entities that they represent, the costs to print the task force report and other related costs; and be it further
Sec. 13. Appropriations and allocations. Resolved: That the following appropriations and allocations are made.
LEGISLATURE
Task Force on Rail Transportation
Initiative: Provides funds for the per diem and expenses for Legislators and other eligible members of the Task Force on Rail Transportation and to print the required report.
Other Special Revenue Funds 2001-02 2002-03
Personal Services $0 $2,860
All Other 0 3,400
____________ ____________
Total $0 $6,260
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective April 11, 2002.
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