Public Laws

123rd Legislature

Second Regular Session


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Chapter 539

H.P. 1651 - L.D. 2289

PART YY

Sec. YY-1. State agency function efficiencies. Notwithstanding any provision of law to the contrary, the following departments, under the direction of the Commissioner of Administrative and Financial Services and the Director of the State Planning Office within the Executive Department, shall, by June 30, 2008, implement a plan of collaboration or consolidation, eliminating duplication or creating greater efficiencies in the following functions:

1. Ministerial licensing and registration: Department of Agriculture, Food and Rural Resources, Department of Conservation, Department of Inland Fisheries and Wildlife, Department of Marine Resources and Department of Professional and Financial Regulation;

2. Food safety inspection: Department of Agriculture, Food and Rural Resources and Department of Health and Human Services; and

3. Drinking water and septic systems regulation: Department of Environmental Protection and Department of Health and Human Services.

The plan must be designed to achieve a savings of $250,000 during fiscal year 2008-09.

If the commissioners of the affected departments identify a conflict or inconsistency between provisions in the Maine Revised Statutes or rules adopted by the agencies, the commissioners shall attempt to resolve that conflict or inconsistency by interpreting the laws or rules together to give effect to the intent of the Legislature or agency, as the case may be. If the commissioners determine rulemaking is required to resolve a conflict or inconsistency, the commissioners may adopt rules as authorized by law. In adopting rules under this section, the commissioners have sole discretion to determine whether an emergency exists. The commissioners shall notify the members of the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs prior to adopting any emergency rule under this section. Rules adopted pursuant to this section are routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A. If the commissioners determine that legislation is required to resolve a conflict or inconsistency, the commissioners shall jointly submit proposed legislation necessary to fully implement the intent of this Part by October 1, 2008 to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs, and the joint standing committee may submit legislation to the First Regular Session of the 124th Legislature based on the proposed legislation.

Sec. YY-2. Long-term enhancement of services and efficiencies.

1. The agencies serving the natural resources sectors within the State, including but not limited to the Department of Agriculture, Food and Rural Resources, Department of Conservation, Department of Inland Fisheries and Wildlife, Department of Marine Resources and Department of Environmental Protection, referred to in this section as "the agencies," shall work together and with a task force appointed by the Governor to participate in the creation of and implementation of a plan, developed after consideration of all ideas and organizational configurations, that is designed to eliminate duplication and create greater efficiencies to improve the delivery of services to the citizens of the State associated with the natural resources sector. The agencies shall submit legislation to implement the plan to the First Regular Session of the 124th Legislature by January 1, 2009.

2. The agencies shall, out of existing funds, secure facilitation and research expertise to:

A. Analyze existing department functions;
B. Conduct stakeholder outreach;
C. Seek increased efficiency ideas from Legislators, members of the public, businesses, outside experts and others served by the departments serving the natural resources sector; accept information; and address concerns;
D. Cooperate with other entities of State Government;
E. Research approaches to natural resources services in other states;
F. Enhance services provided to natural resources-based businesses and industries and for outdoor recreation, natural resources management and environmental protection;
G. Integrate research, scientific, land management, enforcement and outreach, promotion and education functions;
H. Utilize advances in science and technology and plan for trends in natural resources, recreation activity, environmental management and business sector needs;
I. Maximize natural resources, environmental and economic benefits;
J. Coordinate and streamline functions, services and activities;
K. Eliminate duplication of services and administrative activities; and
L. Create efficiencies and cost savings in the provision of natural resources services.

3. Any savings that are achieved through increased efficiencies must be reallocated within the natural resources agencies.

Sec. YY-3. Calculation and transfer; General Fund savings through increased efficiencies. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amounts of savings from increased efficiencies that result from this Part that apply against each General Fund account and shall transfer the amounts by financial order upon approval of the Governor. These transfers are considered adjustments to appropriations in fiscal year 2008-09. The State Budget Officer shall provide the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs a report of the transferred amounts not later than January 15, 2009.

Sec. YY-4. Appropriations and allocations. The following appropriations and allocations are made.

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF

Executive Branch Departments and Independent Agencies - Statewide 0017

Initiative: Reduces funding from savings to be realized through increased efficiencies as authorized in section 1 of this Part.

GENERAL FUND 2007-08 2008-09
Unallocated
$0 ($250,000)
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GENERAL FUND TOTAL $0 ($250,000)

Office of the Revisor of Statutes
State House, Room 108
Augusta, ME 04333