An Act To Establish the Maine Science Advisory Board
Maine Legislature, Session 125, LD 0953
Committee: State and Local Government
Sponsors: SHERMAN, McCORMICK, THOMAS, TRAHAN, CRAY, GIFFORD, NASS
Amends: 5 MRSA §12004-I, 5 MRSA §13132

Legislative Document 
No. 953 
S.P. 299 
In Senate, March 8, 2011 
An Act To Establish the Maine Science Advisory Board 
Reference to the Committee on State and Local Government suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator SHERMAN of Aroostook. 
Cosponsored by Senators: McCORMICK of Kennebec, THOMAS of Somerset, TRAHAN of 
Lincoln, Representatives: CRAY of Palmyra, GIFFORD of Lincoln, NASS of Acton. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §12004-I, sub-§74-G is enacted to read: 
74-G.   
Sec. 2.  5 MRSA c. 385-A is enacted to read: 
CHAPTER 385-A 
SCIENCE AND TECHNOLOGY 
§13132.  Maine Science Advisory Board 
1.  Establishment.  The Maine Science Advisory Board, referred to in this chapter as 
"the advisory board" and established by section 12004-I, subsection 74-G, is established 
to render scientific assessment, risk-based analysis and consensus advice upon questions 
of science posed by the Governor or a joint standing committee of the Legislature and to 
assist Legislators in analyzing scientific evidence in support of or opposition to 
legislation. 
2.  Appointment and composition.  The advisory board consists of the following 16 
members: 
A.  Eight members appointed by the Governor; 
B.  Two members appointed by the President of the Senate; 
C.  Two members appointed by the Speaker of the House of Representatives; 
D.  Two members appointed by the Senate leader of the party having the 2nd largest 
number of members in the Senate; and 
E.  Two members appointed by the House leader of the party having the 2nd largest 
number of members in the House of Representatives. 
The advisory board members must meet the qualifications set out in subsection 4 and 
must be chosen from a list of names of scientists submitted for consideration by 
nationally recognized professional associations serving the science disciplines listed in 
subsection 4. 
3.  Terms; vacancies; limits.  The term of office for a member of the advisory board 
is 4 years.  When a vacancy occurs, it must be filled by the same appointing authority and 
the new member shall serve for the remainder of the term.  Members may continue to 
serve until their replacements are designated.  A vacancy may not impair the right of the 
remaining members to exercise all of the powers of the advisory board.  The respective 
appointing authority may remove an advisory board member in the event of a 
professional ethics violation, a conflict of interest or proof of criminal activity or upon a 
Science 
Maine Science 
Advisory Board 
Legislative Per 
Diem and Expenses 
MRSA §13132 
member's becoming an employee of the State, with the exception of a university 
employee. 
4.  Qualifications of advisory board members.  The advisory board must be 
composed of individuals who are not state employees, with the exception of university 
employees, or affiliated with an organization that represents a conflict of interest, such as 
a lobbying organization, and who have reputations for professional competence and 
technical expertise and doctorates in one of the following disciplines: 
A.  Environmental health; 
B.  Toxicology; 
C.  Engineering; 
D.  Ecological science; 
E.  Economics; 
F.  Chemistry; 
G.  Physics; 
H.  Biology; 
I.  Forestry; 
J.  Human medicine; 
K.  Statistics; 
L.  Risk assessment; 
M.  Geology; 
N.  Agricultural science; 
O.  Marine science; 
P.  Hydrology; and 
Q.  Veterinary science. 
5.  Chair.  The members of the advisory board shall annually elect a chair from the 
advisory board members appointed by the Governor to set the agenda and schedule 
meetings.  The advisory board may elect other officers and designate their duties. 
6.  Meetings.  The advisory board shall hold meetings as necessary to conduct the 
business of the advisory board. 
7.  Compensation.  Members of the advisory board are entitled to per diem pay and 
expenses equal to those paid to Legislators when not in session. 
8.  Quorum.  A majority of the members of the advisory board constitutes a quorum. 
9.  Staff support.  The Executive Director of the Legislative Council is the executive 
director of the advisory board and shall assign clerical and staff support from the 
legislative staff as required. 
10.  Powers and duties.  The powers and duties of the advisory board are as set out 
in this subsection. 
A.  The advisory board shall review and summarize pertinent scientific studies related 
to the issues or questions of concern with an emphasis on studies and data that are 
most relevant to the subject of concern. 
B.  The advisory board shall summarize findings and recommendations in a manner 
that is timely, objective, transparent and understandable by elected officials and 
policy makers. 
C.  The advisory board may recruit and include expertise from other qualified experts 
as needed. 
D.  The advisory board shall include in its discussions and recommendations risk 
assessments, comparative risk analyses and economic analyses. 
E.  The advisory board's interpretation, findings and recommendations must represent 
the prevailing weight of scientific evidence for a given issue or question. 
F.  The advisory board shall identify and delineate science and policy as separate 
components that impact risk management and legislative decision making. 
G.  If a consensus is not achievable, the advisory board may issue minority reports. 
H.  Before a draft finding is finalized, the advisory board shall hold open public 
comment periods and processes. 
I.  If members of the advisory board have conflicts of interest in matters before the 
advisory board, the members shall recuse themselves from the matters and may not 
attempt to influence the outcomes of the matters. 
Sec. 3.  Maine Science Advisory Board; staggered terms for initial 
appointees.  Notwithstanding the Maine Revised Statutes, Title 5, section 13132, 
subsection 3, of the members initially appointed to the Maine Science Advisory Board by 
the Governor, 4 serve for one-year terms and 4 serve for 2-year terms; of the members 
initially appointed by the President of the Senate, one serves for a 3-year term and one 
serves for a 4-year term; of the members appointed by the Speaker of the House of 
Representatives, one serves for a 3-year term and one serves for a 4-year term; of the 
members appointed by the Senate leader of the party having the 2nd largest number of  
members in the Senate, one serves for a 3-year term and one serves for a 4-year term; and 
of the members appointed by the House leader of the party having the 2nd largest number 
of  members in the House of Representatives, one serves for a 3-year term and one serves 
for a 4-year term. 
SUMMARY 
This bill establishes the Maine Science Advisory Board.