CHAPTER 57
H.P. 318 - L.D. 433
An Act To Allow the Department of Conservation To Create Dedicated Accounts for Sales of Merchandise and Acceptance of Donations
Emergency preamble. Whereas, acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this Act authorizes the establishment of a dedicated account to increase funds available for programs within the Department of Conservation; and
Whereas, the funding is generated by the sale of merchandise to the public and anticipated sales will be greatest during the summer months when numbers of visits to state parks and historic sites are high; and
Whereas, the additional funding provided from sales will assist the Department of Conservation in its mission of providing recreational opportunities and serving as an exemplary steward of the public lands of the State; 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. 12 MRSA §5012-A is enacted to read:
§5012-A. Dedicated accounts for sales of merchandise and acceptance of donations
The commissioner may create dedicated accounts in which to deposit money received from the sale of general merchandise products such as, but not limited to, t-shirts, audio and video recordings, coffee mugs, tote bags and calendars. Funds received by the commissioner from the sale of general merchandise products must be deposited in a dedicated account to be used only for the purpose of promoting and improving department programs. The commissioner may also accept money, goods and services donated to the department to support specific programs carried out by the department. Any money donated to the department in support of a specific program must be deposited into a dedicated account for the purpose of funding activities carried out by that program.
Merchandise sold by the commissioner must be of good quality and appropriate for sale by the department. To the extent the commissioner needs to contract with vendors to obtain goods or services in order to develop, create or manufacture merchandise for sale, the commissioner shall, to the maximum extent practicable, contract with vendors located in this State. The commissioner shall register with the United States Library of Congress, United States Copyright Office a copyright in any original pictorial, graphic or other artwork or original work of authorship produced by or under the direction of the department as a work made for hire that is used in merchandise sold by the department. The commissioner may use, manage or administer any copyright held by or license to use copyrighted materials obtained by the department and may manage the copying, use and dissemination of copies of copyrighted materials in which the department holds a copyright or license.
Sec. 2. Appropriations and allocations. The following appropriations and allocations are made.
CONSERVATION, DEPARTMENT OF
Administrative Services - Conservation 0222
Initiative: Provides allocations for the newly established General Merchandise and Donations account.
OTHER SPECIAL REVENUE
FUNDS 2005-06 2006-07
All Other $5,000 $5,000
__________ __________
OTHER SPECIAL REVENUE
FUNDS TOTAL $5,000 $5,000
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective April 21, 2005.
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