An Act To Increase Funding for Programs That Support the Mission of the Department of Inland Fisheries and Wildlife
Maine Legislature, Session 128, LD 1179
Committee: Inland Fisheries and Wildlife
Sponsors: SAVIELLO
Amends: 5 MRSA §12004-G, 12 MRSA §10158, 12 MRSA §10267, 12 MRSA §12501

Legislative Document
No. 1179
S.P. 400
In Senate, March 28, 2017
An Act To Increase Funding for Programs That Support the 
Mission of the Department of Inland Fisheries and Wildlife
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator SAVIELLO of Franklin.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §12004-G, sub-§20-C is enacted to read: 
20-C.    
Sec. 2.  12 MRSA §10158 is enacted to read: 
§10158.  Maine Outdoor Programs and Activities Fund Board 
The Maine Outdoor Programs and Activities Fund Board, referred to in this section 
as "the board," is established within the department and shall carry out its duties in 
accordance with this section. 
1.  Members.  The board consists of 5 members.  The commissioner and the Game 
Warden Colonel are permanent members and their designees may represent them at board 
meetings.  The Governor shall appoint the remaining 3 citizen members subject to the 
review of the joint standing committee of the Legislature having jurisdiction over inland 
fisheries and wildlife matters and confirmation by the Senate.  One of these members 
must be a representative of a state sportsmen's organization, one must be a representative 
of a snowmobile or all-terrain vehicle organization and one must be a representative of a 
youth outdoor activities organization. 
2.  Terms.  The Governor shall appoint citizen members to 4-year terms.  Appointed 
citizen members may not serve more than 2 consecutive 4-year terms. 
3.  Chair.  The Governor shall appoint a citizen member of the board to serve as 
chair.  The chair may not serve more than 2 consecutive 4-year terms. 
4.  Board meetings, rules and administration.  The board shall conduct its 
meetings as follows. 
A.  The board shall meet at least 3 times a year at the call of the chair. 
B.  The board may adopt rules necessary for the conduct of its business.  Rules 
adopted pursuant to this paragraph are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
C.  Appointed citizen members are entitled to compensation equal to legislative per 
diem and travel expenses under Title 5, section 12004-G, subsection 20-C while 
engaged in board activities. 
D.  A quorum of the board for the transaction of business is 3 members. 
E.  Board members are governed by the conflict of interest provisions in Title 5, 
section 18. 
Inland Fisheries 
and Wildlife 
Maine Outdoor 
Programs and 
Activities Fund 
Board 
Legislative Per 
Diem and Expenses 
for Appointed 
Members 
MRSA §10158 
5.  Board functions.  The board has the following functions. 
A.  The board shall review funding requests and award funds annually for specific 
programs or activities within the department or for other agencies, nongovernmental 
organizations or individuals that meet the funding criteria of section 10267, 
subsection 7 pursuant to a grant proposal, recommendation from the department or 
upon the board's own initiative. Grant proposals must include a stated purpose, a time 
line, potential outcomes, a budget and an explanation of need.  Funding or grant 
awards that establish a public-private partnership or involve matching funds are 
encouraged. 
B.  The board shall submit an annual report to the Governor and the joint standing 
committee of the Legislature having jurisdiction over inland fisheries and wildlife 
matters detailing expenditures made from the fund. 
C.  Responsibility for administration of the board lies with the chair appointed under 
subsection 3.  The board shall hire an executive director.  The executive director may 
hire an additional staff person, if the board determines it necessary.  The executive 
director directs the daily operation of the board.  A staff position may be part-time.  
The executive director position is unclassified, and the executive director serves at 
the pleasure of the board. 
D.  The board shall prepare and adopt an annual budget to be included with the report 
required under paragraph B.  The board may spend money to cover administrative 
expenses.  The board shall endeavor to keep the level of administrative expenses as 
low as practicable and include, in its annual report, a discussion of efforts to 
minimize administrative expenses.  The department shall provide staff support and 
assistance as determined necessary by the board. 
Sec. 3.  12 MRSA §10267 is enacted to read: 
§10267.  Maine Outdoor Programs and Activities Fund 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Board" means the Maine Outdoor Programs and Activities Fund Board 
established in Title 5, section 12004-G, subsection 20-C. 
B.  "Fund" means the Maine Outdoor Programs and Activities Fund. 
2.  Fund established.  There is established the Maine Outdoor Programs and 
Activities Fund.  The fund consists of revenues received pursuant to section 12501, 
subsection 8 and any funds received as contributions from private and public sources.  
The fund, to be accounted within the department, must be held separate and apart from all 
other money, funds and accounts.  Eligible investment earnings credited to the assets of 
the fund become part of the assets of the fund.  Any unexpended balances remaining in 
the fund at the end of any fiscal year do not lapse and must be carried forward to the next 
fiscal year. 
3.  Purpose of fund.  The fund is for the sole purpose of supporting the mission of 
the department under section 10051 by funding related outdoor programs and activities 
under subsection 7. 
4.  Relation to other funding.  The fund supplements sources and levels of funding 
appropriated and allocated by the Legislature to inland fisheries and wildlife agencies.  It 
is the intent of the Legislature that a grant received from the fund not be considered a 
substitute for funds previously appropriated or allocated to an inland fisheries and 
wildlife agency. 
5.  Fund availability.  The fund must be available to the department, other agencies, 
nongovernmental organizations and individuals in accordance with section 10158, 
subsection 5, paragraph A.  The department may contract with other agencies, 
nongovernmental organizations and individuals for the purpose of carrying out programs 
or activities funded by the fund. 
6.  Administration.  The board shall administer the fund in accordance with section 
10158, subsection 5, paragraph D.  Administrative expenses may not exceed 10% of the 
distributions made from the fund under subsection 7. 
7.  Expenditures from fund; distribution.  The board shall fund programs and 
activities within the department or make grants to other agencies, nongovernmental 
organizations or individuals, applications for which must be reviewed in accordance with 
section 10158, subsection 5, paragraph A.  The board shall distribute annually on a 
regional basis available grant money to support inland fisheries and wildlife programs 
and activities as follows: 
A.  Snowmobile and all-terrain vehicle trail improvement; 
B.  Fish and game organizations; and 
C.  Youth outdoor activity programs. 
Sec. 4.  12 MRSA §12501, sub-§6, ¶A, as amended by PL 2009, c. 213, Pt. OO, 
§11, is further amended to read: 
A.  A resident fishing license is $25 $26. 
Sec. 5.  12 MRSA §12501, sub-§6, ¶H, as amended by PL 2009, c. 213, Pt. OO, 
§11, is further amended to read: 
H.  A nonresident season fishing license for persons 16 years of age or older is $64 
$66. 
Sec. 6.  12 MRSA §12501, sub-§8 is enacted to read: 
8.  Maine Outdoor Programs and Activities Fund.  The commissioner shall 
deposit $1 from the fee under subsection 6, paragraph A and $2 from the fee under 
subsection 6, paragraph H into the Maine Outdoor Programs and Activities Fund 
established in section 10267. 
Sec. 7.  Staggered terms.  For the initial members appointed to the Maine Outdoor 
Program and Activities Fund Board pursuant to the Maine Revised Statutes, Title 12, 
section 10158, subsection 2, the Governor shall designate the first appointment for a one-
year term, the 2nd appointment for a 2-year term and the 3rd appointment for a 3-year 
term.  A partial term of an initial member under this section does not count toward the 2-
term limit of a member under Title 12, section 10158, subsection 2. 
SUMMARY 
This bill creates the Maine Outdoor Programs and Activities Fund, administered by 
the Maine Outdoor Programs and Activities Fund Board, to carry out the mission of the 
Department of Inland Fisheries and Wildlife.  The fund provides on a regional basis 
funding and grants to departmental and other outdoor programs and activities including 
funding for snowmobile and all-terrain vehicle trail improvements, fish and game 
organizations and youth outdoor activity programs.  The Maine Outdoor Programs and 
Activities Fund is funded by adding $1 to a resident fishing license fee and $2 to a 
nonresident season fishing license fee for persons 16 years of age or older.