CHAPTER 464
S.P. 436 - L.D. 1345
An Act To Make Minor Technical Changes to the Maine Biomedical Research Program and To Amend the Calculation of Funds To Be Transferred to the Maine Research and Development Evaluation Fund
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation adds general obligation bonds issued for research and development to the calculation of funds to the Maine Research and Development Evaluation Fund; and
Whereas, it is imperative that this legislation be effective in advance of the authorization of additional bonds; 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 enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §13060-C, first ¶, as enacted by PL 2003, c. 20, Pt. RR, §2 and affected by §18, is amended to read:
To assist the department in preparing a comprehensive research and development evaluation, a recipient of state funding including general obligation bond proceeds for research and development shall, in addition to any other reporting requirements required by law:
Sec. 2. 5 MRSA §13060-D, sub-§§2 and 4, as enacted by PL 2003, c. 20, Pt. RR, §2 and affected by §18, are amended to read:
2. Definition. For the purposes of this section, "research and development" means activities that directly or through capital investment support basic and applied scientific research and related commercial development funded by state appropriations and bond proceeds.
4. Transfers to fund. Notwithstanding section 1585 or any other provision of law, the State Budget Officer may transfer to the fund an amount not to exceed 0.8% of General Fund appropriations received by and general obligation bonds issued to an agency or entity for research and development efforts to the fund. The transfer and allotment of available funds may not exceed 0.8% of the total research and development appropriations. Private entities that receive funds from general obligation bonds for research and development efforts shall pay to the Treasurer of State in the fiscal year in which the general obligation bond was issued an amount not to exceed 0.8% of the proceeds from the bond issue in any fiscal year, which payment must be made from available resources other than bond proceeds. Only those programs that receive $500,000 or more in research and development appropriations in any fiscal year, or those entities that receive funds from a general obligation bond issue of $500,000 or more for research and development efforts in any fiscal year, as identified and certified by the State Budget Officer and the Office of Fiscal and Program Review, may be assessed upon concurrence of the affected agencies, institutions and departments. The transfer must be implemented by financial order contingent upon the recommendation of the State Budget Officer and approval of the Governor and upon review by the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs. The financial order must include a plan outlining how these funds will be expended. The financial order takes effect upon approval by the Governor. Total transfers payments made pursuant to this section may not exceed $120,000 in any fiscal year.
Sec. 3. 5 MRSA §13103, sub-§9, as enacted by PL 1999, c. 731, Pt. SSS, §1, is amended to read:
9. Rulemaking. The department shall Maine Biomedical Research Board may adopt major substantive routine technical rules pursuant to Title 5, chapter 375, subchapter II-A 2-A to implement this section.
Sec. 4. Application. Those sections of this Act that amend the Maine Revised Statutes, Title 5, sections 13060-C and 13060-D apply beginning with the fiscal year beginning July 1, 2003.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective June 17, 2003.
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