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Session Law

2003

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Chapter 101 AN ACT RELATIVE TO THE INLAND FISHERIES AND GAME FUND.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to restore certain monies forthwith to the Inland Fisheries and Game Fund, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. The definition of "Consolidated net surplus in the operating funds" in section 1 of chapter 29 of the General Laws, as appearing in section 127 of chapter 26 of the acts of 2003, is hereby amended by inserting after the words "section 2I" the following words:- and by section 2C of chapter 131.

SECTION 2. Section 13 of chapter 64A of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out, in line 17, the word "two" and inserting in place thereof the following figure:- 2C.

SECTION 3. Section 2A of chapter 131 of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the word "two" and inserting in place thereof the following figure:- 2C.

SECTION 4. Section 2B of said chapter 131, as so appearing, is hereby amended by striking out, in line 2, the words "two and two A" and inserting in place thereof the following words:- 2A and 2C.

SECTION 5. Said chapter 131 is hereby further amended by inserting after section 2B the following section:-

Section 2C. Monies received by the commonwealth from license fees, permit fees and from any and all sources pertaining to inland fishing, hunting and trapping from permit fees under section 22A, from any sale authorized in section 6 and sums received by the commonwealth from the federal government as reimbursement, grants in aid or other receipts on account of activities of the division, shall be credited on the books of the commonwealth to a fund to be known as the Inland Fisheries and Game Fund except that sums received for natural heritage and endangered species programs shall be credited to the Natural Heritage and Endangered Species Fund, established in section 35D of chapter 10; provided, however, that $1 from the sale of each sporting, fishing, trapping and hunting license shall be credited to the wildland acquisition account established in section 2A. All unexpended balances remaining in the Inland Fisheries and Game Fund at the end of each fiscal year shall be appropriated only for the purposes of developing, maintaining, managing, operating and administering the division of fisheries and wildlife. The fund, subject to appropriation, shall be used only as follows:-

(1) for the payment of general administrative expenses of the division;

(2) for acquiring, maintaining or leasing public fishing rights on land, on inland streams and ponds, including stream management and the creation of new ponds;

(3) for acquiring, maintaining or leasing public hunting rights on land;

(4) for biological surveys of inland waters;

(5) for propagation of game birds and fish;

(6) for salvaging and distributing game birds and fish;

(7) for acquisition and maintenance of wildlife sanctuaries and fish and wildlife management areas;

(8) for maintaining water resources to provide an adequate water supply for wildlife;

(9) for maintaining sources of food for game birds;

(10) for payment not to exceed 50 per cent of the amount necessary for personal services and other expenses for and on account of the enforcement of laws relating directly to inland fisheries and game, such amounts to be determined by the commissioner of administration;

(11) for the acquisition, by purchase, lease, easement or license, of land or interests therein critical to nongame wildlife and endangered species for the multiple purposes of protecting and enhancing nongame wildlife and encouraging compatible wildlife uses;

(12) for the management, inventory, preservation, protection, perpetuation, and enhancement of nongame wildlife and endangered species in the commonwealth;

(13) for supplementing funds provided to the natural heritage and endangered species program for the purpose of aiding in the protection of rare, threatened and endangered species in the commonwealth; and

(14) for other general purposes of the division.

SECTION 6. Section 22A of said chapter 131, as so appearing, is hereby amended by striking out, in line 15, the word "two" and inserting in place thereof the following figure:- 2C.

SECTION 6A. Item 2310-0200 of section 2 of chapter 26 of the acts of 2003 is hereby amended by inserting after the words "endangered species program" the following words:- ; provided further, that $200,000 shall be expended to continue to operate fish hatcheries in the towns of Montague and Sandwich previously scheduled to close on January 1, 2004.

SECTION 6B. Said item 2310-0200 of said section 2 of said chapter 26 is hereby further amended by striking out the figure "$6,782,731" and inserting in place thereof the following figure:- $6,982,731.

SECTION 7. Section 2 of chapter 26 of the acts of 2003 is hereby amended by inserting after item 2310-0200 the following item:-

2310-0316
For the purchase of land containing wildlife habitat and for the costs of the division of fisheries and wildlife directly related to the administration of the wildlands stamp program pursuant to section 2A and 2C of chapter 131 of the General Laws; provided, that no funds shall be expended from this item in the AA subsidiary for the compensation of state employees assigned to any item ......................................................................................................................... $1,419,000


Inland Fisheries and Game Fund ......................100%

SECTION 8. Item 2310-0200 of said section 2 of said chapter 26 is hereby amended by adding the following words:-

Inland Fisheries and Game Fund ......................100%

SECTION 9. Item 2310-0317 of said section 2 of said chapter 26 is hereby amended by adding the following words:-

Inland Fisheries and Game Fund ......................100%

SECTION 10. Item 2350-0101 of said section 2 of said chapter 26 is hereby amended by adding the following words:-

Inland Fisheries and Game Fund ......................100%

SECTION 11. Section 622 of said chapter 26 is hereby repealed.

SECTION 12. Section 710 of said chapter 26 is hereby amended by striking out the figure "384".

SECTION 13. Section 713 of said chapter 26 is hereby amended by striking out the figure "384".

SECTION 14. Notwithstanding any general or special law to the contrary, any reference to the Inland Fisheries and Game Fund or the Inland Fish and Game Fund in any general or special law shall mean the Inland Fisheries and Game Fund, established by section 2C of chapter 131 of the General Laws.

[Governor returned the following section with recommendation of amendment, for message, see House, No. 4299]
SECTION 14A.
Notwithstanding any general or special law to the contrary, the comptroller shall deposit fiscal relief funds and increased federal Medicaid assistance percentage funds received from the federal government during fiscal years 2004 and 2005 pursuant to the Jobs Growth Reconciliation Act of 2003, in excess of the amount transferred to the Uncompensated Care Trust Fund by section 618 of chapter 26 of the acts of 2003, to the Federal Medicaid Assistance Percentage Escrow Fund which shall be established and set up on the books of the commonwealth. Said fund shall be subject to appropriation, shall not contribute to the calculation of the consolidated net surplus pursuant to section 5C of chapter 29 of the General Laws, and shall expire June 30, 2005 at which time the comptroller shall transfer any remaining fund balance to the Stabilization Fund.

SECTION 15. This act shall take effect as of June 30, 2003.

Approved (in part) October 30, 2003.

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