Resolve, To the Cost of Health Care and
Maine Legislature, Session 121, LD 0471
Committee Amendment CA_A_H464 (House)

COMMITTEE AMENDMENT "If" to H.P. 
Study Obesity and Methods To Decrease 
Increase the Public Health" 
363, L.D. 471, "Resolve, To 
the Cost of Health Care and 
Amend the resolve by striking out everything after the title 
and before the summary and inserting in its place the following: 
'Sec. I. Commission established. Resolved: 
That the Commission 
to Study Public Health, 
referred to in this resolve as "the 
commission," is established to study the causes of obesity and 
methods to decrease the cost of health care and increase the 
public health: and be it further 
Sec. 2. Commission membership. Resolved: 
That the commission 
consists of 31 members appointed as follows: 
1. 
Fourteen members 
appointed by the President of the 
Senate as follows: 
A. 
Two Senators, at least one of whom serves on the Joint 
Standing Committee on Health and Human Services; 
B. 
Two 
representatives of nutrition or health advocacy 
organizations: and 
C. 
One 
representative 
from 
each 
of 
the 
following 
organizations or professions: 
(1) 
Secondary school administrators: 
Page l-LR0602(2) 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. fl· to H.P. 363, L.D. 471 
(2) 
A cancer society; 
(3) 
A heart association; 
(4) 
A diabetes association; 
(5) 
An advocacy group for affordable health care; 
(6) 
School health professionals; 
(7) 
Physical education educators; 
(8) 
The food industry; 
(9) 
The Maine dairy industry; and 
(10) 
A physical activity organization; 
2. 
Fourteen members appointed by the Speaker of the House 
as follows: 
A. 
Two members of the House of Representatives, at least 
one of whom serves on the Joint Standing Committee on Health 
and Human Services; and 
B. 
One 
representative 
from 
each 
of 
the 
following 
organizations or professions: 
(1) 
An organization of school principals; 
(2) 
An organization of allopathic physicians; 
(3) 
A public health advocacy organization; 
(4) 
Providers of oral health care; 
(5) 
An organization of osteopathic doctors; 
(6) 
Food service workers; 
(7) 
Nurses; 
(8) 
Health insurers; 
(9) 
Dieticians; 
(10) 
A parent-teacher organization; 
(11) 
Maine bottlers and distributors of beverages; and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. ff:. to H.P. 363, L.D. 471 
(12) 
A doctoral-level nutritionist; 
3. 
The Attorney General or a designee; 
4. 
The Commissioner of Education or a designee; and 
5. 
The Commissioner of Human Services or a designee. 
The Commissioner of Education and the Commissioner of Human 
Services or their designees serve as nonvoting members; and be it 
further 
Sec. 3. Appointments; chairs; convening of commission. Resolved: 
That all 
appointments 
must 
be 
made 
no 
later than 
days 
following the effective date of this resolve. 
The first-named 
Senate member and the first-named House of Representatives member 
shall 
serve 
as 
cochairs 
of 
the 
commission. 
The 
appointing 
authorities 
shall 
notify 
the 
Executive 
Director 
of 
the 
Legislative Council once all appointments have been completed. 
The cochairs shall convene the first meeting of the commission no 
later than 15 days after appointment of all members; and be it 
further 
Sec. 4. Duties. Resolved: 
That the commission shall study 
obesity in the State and methods to decrease the cost of health 
care 
and 
improve 
the 
public 
health. 
The 
commission 
shall 
specifically include in its study: 
1. 
An 
analysis 
of whether 
schools 
are meeting 
modern 
nutrition standards for school meals and food and drink offered 
on school property and, if not, an analysis of what strategies 
are available to encourage more nutritious offerings; 
2. 
Options for the adoption of a nutrition pyramid, with 
emphasis on increased consumption of vegetables, whole grains, 
milk, beans, soy products and nuts; 
3. 
An analysis of physical education standards in Maine 
schools from 1970 to the present, including a review of the Maine 
system of learning results and standards in other states. 
A 
review of general trends in Maine toward a less active and more 
sedentary lifestyle, including the contribution of these trends 
to the rising rates of obesity in the State and the nation and 
strategies 
for 
addressing physical 
activity issues, 
must 
be 
included in the analysis; 
4. 
An analysis of whether advertising targeted at children 
is contributing to the rising rates of obesity in Maine and the 
nation and, if so, an analysis of possible strategies to address 
this issue; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. If· to H.P. 363, L.D. 471 
5. 
Methods 
of 
encouraging 
healthy 
food 
purchasing 
by 
families using public benefit programs, including the possibility 
of requiring purchases of some healthy foods in public benefit 
programs; 
6. 
An analysis of discrimination based on personal size, 
using the Michigan human rights law as an example and consulting 
with the Attorney General regarding legal issues; 
7. 
An analysis of the potential savings in health care 
costs and decreases in lost work 
time 
from the creation of 
fitness centers in major centers of state employment and the 
savings over time from the fitness centers; 
8. 
An analysis of whether food offered for sale in places 
of state employment contributes to the rising rate of obesity in 
Maine and whether food and drinks offered for sale in state 
institutions and buildings present a variety of healthy options, 
including 
lOO~ juices, 
nonfat 
milk, 
fruits, 
vegetables 
and 
healthy snacks. 
Possible strategies to address these issues must 
accompany the analysis; and 
9. 
An analysis of the costs, benefits and potential savings 
of providing insurance or health coverage for obesity prevention 
and 
nutrition counseling 
for 
state 
employees, 
retirees 
and 
MaineCare enrollees and of providing health coverage by carriers 
licensed under the Maine Revised Statutes, Title 24 or Title 
24-A; and be it further 
Sec. 5. Staff assistance. Resolved: 
That 
request staffing and clerical assistance 
Council; and be it further 
the 
from 
commission may 
the Legislative 
Sec. 6. Compensation. Resolved: 
That the legislative members 
of the commission are entitled to receive the legislative per 
diem, as defined in the Maine Revised Statutes, Title 3, section 
2, 
and reimbursement for travel and other necessary expenses 
related to their attendance at meetings of the commission. Public 
members not otherwise compensated by their employers or other 
entities 
that 
they 
represent 
are 
entitled 
to 
receive 
reimbursement of necessary expenses and, upon a demonstration of 
financial hardship, a per diem equal to the legislative per diem 
for their attendance at authorized meetings of the commission; 
and be it further 
Sec. 7. Report. Resolved: 
That the commission shall submit 
its report with 
any 
accompanying 
legislation to 
the 
Second 
Regular Session of the 12lst Legislature by December 1, 2003. 
The commission is authorized to introduce legislation related to 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "~,, to H.P. 363, L.D. 471 
its 
report 
to 
the 
Second 
Regular 
Session 
of 
the 
l2lst 
Legislature. 
The report and legislation must 
have 
as goals 
improving 
public 
health, 
including 
cardiovascular 
health, 
decreasing rates of obesity, decreasing the cost of health care, 
increasing 
the 
physical 
activity 
of 
youth 
and 
increasing 
awareness of healthy eating choices; and be it further 
Sec. 8. Extension. Resolved: 
That, if the commission requires 
a limited extension of time to complete its study and make its 
report, it may apply to the Legislative Council, which may grant 
an extension; and be it further 
Sec. 9. Commission budget. Resolved: 
That the chairs of the 
commission may seek and accept outside funding. 
Prompt notice of 
solicitation and 
acceptance 
of 
funds 
must 
be 
sent 
to 
the 
Legislative Council. 
Expenses that have an effect on the General 
Fund may not be incurred by the commission. 
All 
funds 
accepted 
must 
be 
forwarded 
to 
the 
Executive 
Director of the Legislative Council along with an accounting that 
includes the amount, the date received, from whom the funds were 
received, their purpose and any limitation on use of the funds. 
The Executive Director of the Legislative Council administers any 
funds received. 
Upon request from the commission, the Executive Director of 
the Legislative Councilor the executive director's designee 
shall promptly provide the commission chairs and staff with a 
status report on the budget, expenditures incurred and paid and 
available funds; and be it further 
Sec. 10. Appropriations and allocations. Resolved: 
following appropriations and allocations are made. 
LEGISLATURE 
Commission to Study Public Health 
That 
the 
Initiative: 
Allocates 
funds 
for 
the 
postage, 
printing, 
legislative per diem and other expenses of the commission. 
Other Special Revenue Funds 
Personal Services 
All Other 
Other Special Revenue Funds Total 
2003-04 
$880 
6,400 
$7,280 
2004-05 
$0 
o 
$0' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "il· to H.P. 363, L.D. 471 
SUMMARY 
This amendment makes a number of changes in the resolve. 
The amendment adds 17 members to the study commission, broadening 
the 
representation. 
The 
amendment alters the duties of the 
commission, removing the duty to include in its report and any 
suggested legislation options for the labeling of fats on all 
packaged food and the requirement to use in the report and 
legislation the food pyramid associated with the Harvard School 
of Public Health 
and providing focus for other duties. 
The 
amendment also adds authority to seek outside funds and prohibits 
any expenditures that have an effect on the General Fund. 
FlSCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Appropriations/Allocations 
Other Special Revenue Funds 
Legislative Study 
Revised: 05/15103 ;l;vac::.. 
Office of Fiscal and Program Review 
LD471 
Resolve, To Study Obesity and Methods To Decrease the Cost of Health 
Care and Increase the Public Health 
LR0602(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Current Costs - Legislative Study 
2003-04 
$7,280 
2004-05 
$0 
Projections 
2005-06 
$0 
Projections 
2006-07 
$0 
The projected cost to fund this study is $7,280 in fiscal year 2003-04. This bill as amended includes an allocation of 
Other Special Revenue funds in that amount to fund all costs of the commission. Although this legislation states that 
General Fund expenses may not be incurred by the commission, if outside funding is not received the payment of per 
diem and expenses for legislative members and printing and postage will be paid from the General Fund. These costs 
are estimated to be $2,480. The Legislature has budgeted $30,000 in fiscal year 2003-04 for legislative studies. 
Whether that amount is sufficient to fund all studies will depend on the number of studies authorized by the 
Legislative Council and the Legislature. 
The additional costs associated with serving on the commission can be absorbed by the Department of Education, the 
Department of Human Services and the Department of the Attorney General utilizing existing budgeted resources. 
LR0602(2) - Fiscal Note - Page 1 of 1