LD1318 To be Enacted
June 22, 2007
SOURCE: MSA from State Legislature web site
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LD1318 ‘Resolve, To Conduct an Independent Review of the Department of Marine Resources, Public Health Division' will be enacted into law when Governor John Baldacci signs it into law on June 29. After much deliberation in the Marine Resources Committee and with some tweeking by both the House and Senate the bill received final approval on June 12.
SUMMARY
1. Directs Maine Sea Grant to work with the Interstate Shellfish Sanitation Conference to develop a scope of work and issue a request for proposals to conduct a review of the program procedures in the public health division within the Department of Marine Resources;
2. Establishes a 3-member scoring committee to select a vendor from applications received in response to the request for proposals by Maine Sea Grant;
3. Establishes a special fund within the Department of Marine Resources to be used only for the purpose of conducting a review of program procedures and authorizes the department to accept outside funding for this special fund;
4. Directs Maine Sea Grant, in conjunction with the vendor selected to conduct the review and after review and comment by the Interstate Shellfish Sanitation Conference, to provide a report on the review of the public health division within the Department of Marine Resources to the Joint Standing Committee on Marine Resources by January 15, 2008;
5. Directs the Department of Marine Resources to work with members of the shellfish harvesting industry to determine the need and feasibility of a shellfish advisory council and to report its findings and recommendations to the Joint Standing Committee on Marine Resources by January 15, 2008; and
6. Adds an appropriations and allocations section.
The final bill reads as follows:
Resolve, To Conduct an Independent Review of the Department of Marine Resources, Public Health Division'
‘Whereas, it is essential to conduct an independent review of the programs and procedures in the public health division within the Department of Marine Resources; and'
‘Sec. 1 Review of public health division within the Department of Marine Resources. Resolved: That Maine Sea Grant shall work with the Interstate Shellfish Sanitation Conference to develop and issue a request for proposals to conduct a review of program procedures in the public health division within the Department of Marine Resources. Maine Sea Grant in conjunction with the Interstate Shellfish Sanitation Conference shall develop the scope of work in consultation with interested parties; and be it further
Sec. 2 Scoring committee. Resolved: That a 3-member scoring committee is established to review the responses to the request for proposals issued by Maine Sea Grant under section 1 and to select a vendor to conduct the review of the public health division within the Department of Marine Resources as provided for in the scope of work under section 1. The scoring committee must consist of a member from Maine Sea Grant, a member from the Department of Marine Resources and a member from the shellfish harvesting industry; and be it further
Sec. 3 Special Fund for Peer Review of the Department of Marine Resources, Public Health Division. Resolved: That there is established the Special Fund for Peer Review of the Department of Marine Resources, Public Health Division, referred to in this section as “the fund.” The Department of Marine Resources is authorized to accept all public and private funds for deposit into the fund. All interest from investment of the fund is to be credited to the fund. Expenditures from the fund by the department are limited to grants distributed at the direction of the scoring committee established in section 2 to conduct a review of program procedures of the public health division within the Department of Marine Resources. The fund is nonlapsing, and any money remaining in the fund after January 1, 2008 must remain in the fund subject to future allocation by the Legislature. The State Controller, on a one-time basis, may transfer funds from the Maine Coastal Program account in the Executive Department, State Planning Office in the amount of $5,000 into the fund. The department shall notify the joint standing committee of the Legislature having jurisdiction over marine resources matters by January 15, 2009 on the balance of the fund; and be it further
Sec. 4 Review report. Resolved: That Maine Sea Grant, in conjunction with the vendor selected under section 2 to do the review and after review and comment by the Interstate Shellfish Sanitation Conference, shall provide a report on the review conducted under section 1, including but not limited to findings, recommendations and any legislation needed to implement recommendations in the report, to the Joint Standing Committee on Marine Resources by January 15, 2008. The Joint Standing Committee on Marine Resources may submit a bill during the Second Regular Session of the 123rd Legislature relating to the report; and be it further
Sec. 5 Shellfish advisory council. Resolved: That the Department of Marine Resources shall work with the other members of the scoring committee under section 2 and solicit input from members of the shellfish harvesting industry to determine the need and feasibility of a shellfish advisory council to improve communication between the department and the shellfish harvesting industry and to provide advice to the department and the joint standing committee of the Legislature having jurisdiction over matters related to the management of the shellfish resource; and be it further
Sec. 6 Shellfish advisory council development report. Resolved: That the Department of Marine Resources shall report its findings and recommendations regarding the development of a shellfish advisory council as provided under section 5 with any legislation necessary to implement the recommendations of the report to the Joint Standing Committee on Marine Resources no later than January 15, 2008. The Joint Standing Committee on Marine Resources may submit legislation during the Second Regular Session of the 123rd Legislature related to the report; and be it further
Sec. 7 Appropriations and allocations. Resolved: That the following appropriations and allocations are made.
EXECUTIVE DEPARTMENT
Planning Office 0082
Initiative: Provides funds on a one-time basis from the Maine Coastal Program account to be used as a grant to an independent vendor to conduct a peer review of the public health division within the Department of Marine Resources.
FEDERAL EXPENDITURES FUND 2007-08 2008-09
All Other
$5,000 $0
FEDERAL EXPENDITURES FUND TOTAL $5,000 $0
EXECUTIVE DEPARTMENT
DEPARTMENT TOTALS 2007-08 2008-09
FEDERAL EXPENDITURES FUND
$5,000 $0
DEPARTMENT TOTAL - ALL FUNDS $5,000 $0
MARINE RESOURCES, DEPARTMENT OF
Division of Administrative Services 0258
Initiative: Provides funds from the Special Fund for Peer Review of the Department of Marine Resources, Public Health Division on a one-time basis to be used as a grant to an independent vendor to conduct a peer review of the department's public health division.
OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
All Other
$5,000 $0
OTHER SPECIAL REVENUE FUNDS TOTAL $5,000 $0
MARINE RESOURCES, DEPARTMENT OF
DEPARTMENT TOTALS 2007-08 2008-09
OTHER SPECIAL REVENUE FUNDS
$5,000 $0
DEPARTMENT TOTAL - ALL FUNDS $5,000 $0
SECTION TOTALS 2007-08 2008-09
FEDERAL EXPENDITURES FUND
$5,000 $0
OTHER SPECIAL REVENUE FUNDS
$5,000 $0
SECTION TOTAL - ALL FUNDS $10,000 $0
FISCAL NOTE REQUIRED
Fiscal Note
2007-08 2008-09 Projections 2009-10 Projections 2010-11
Appropriations/Allocations
Federal Expenditures Fund $5,000 $0 $0 $0
Other Special Revenue Funds $5,000 $0 $0 $0
Fiscal Detail and Notes
The bill includes a one-time Other Special Revenue Funds allocation of $5,000 for the Department of Marine Resources in fiscal year 2007-08 to be paid as a grant for an independent peer review of the department's Public Health Division. The bill also includes a one-time Federal Expenditures Fund allocation of $5,000 for the State Planning Office in fiscal year 2007-08 for the same purpose.