Resolve, To Study Obesity and Methods To Decrease the Cost of Health Care and Increase the Public Health
Maine Legislature, Session 121, LD 0471
Committee: Health and Human Services
Sponsors: FAIRCLOTH, BRENNAN, DAIGLE, EARLE, KANE, LA VERRIERE-BOUCHER, WALCOTT, MARTIN, MAYO, WESTON

12lst MAINE LEGISLATURE 
Legislative Document 
No. 471 
H.P.363 
House of Representatives, February 4,2003 
Resolve, To Study Obesity and Methods To Decrease the Cost of 
Health Care and Increase the Public Health 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative FAIRCLOTH of Bangor. 
Cosponsored by Senator BRENNAN of Cumberland and 
~~1?1.7Ibc~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: DAIGLE of Arundel, EARLE of Damariscotta, KANE of Saco, 
LA VERRIERE-BOUCHER of Biddeford, WALCOTT of Lewiston, Senators: MARTIN of 
Aroostook, MAYO of Sagadahoc, WESTON of Waldo. 
Primed on recycled paper 
Sec. 1. Commission established. Resolved: 
That the Commiss ion 
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 14 members appointed as follows: 
1. 
Five members appointed by the President of the Senate as 
follows: 
Senators, at least one of whom serves on the Joint 
Standing 
Committee 
on 
Health 
and 
Human 
Services; 
representatives 
of 
statewide 
nutrition 
or 
health 
advocacy 
organizations; and one representative of a statewide organization 
of secondary school administrators; 
2. 
Six members appointed by the Speaker of the House as 
follows: 
Representatives, at least one of whom serves on the 
Joint 
Standing 
Committee 
on 
Health 
and 
Human 
Services; 
one 
representative of a statewide organization of school principals; 
one representative of a statewide organization of physicians; one 
representative 
of 
a 
statewide 
public 
health 
advocacy 
organization; and one representative of a statewide associatioll 
of providers of oral health care: and 
3. The following persons or their designees: 
the Attorney 
General; the Commissioner of Education; and the Director of the 
Bureau of Health within the Department of Human Services; and be 
it further 
Sec. 3. Appointments: chairs: convening of commission. Resolved: 
That 
all 
appointments 
must 
be 
made 
no 
later 
than 
day~ 
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: report. Resolved: 
That the commission shall 
study obesity in the State and methods to decrease the cost of 
health care and improve the public health. 
After examining these 
issues, the commission shall provide a report to the Legislature 
that includes legislation by December 1, 2003 on the following: 
l. 
nutrition 
on school 
Strategies 
standards 
property; 
for 
assisting 
schools 
in 
meeting 
modern 
for school meals and food and drink offered 
Page l-LR0602(1) 
2. 
Options for the adoption of a 
new nutrition pyramid, 
wi th attention to the food pyramid recommendations published by 
the Harvard School of Public Health and emphasis on increased 
consumption of vegetables, whole grains, fat-free milk, beans, 
soy products and nuts; _ 
3. 
Analysis 
schools from 1970 
of learning results 
of 
physical 
education 
standards 
in 
Maine 
forward, including review of the Maine system 
and standards in other states; 
4. 
Review of possible methods for restricting advertising 
to students while in school or at school-related acti vi ties or 
school-sponsored activities, 
including actions 
taken in other 
states and legislation restricting advertising and contracts that 
result directly 
or 
indirectly 
in 
advertising 
or 
promotional 
information or displays; 
5. 
Options for labeling fats in all packaged foods sold 1n 
the State, with attention given to information on unsaturated 
fats, trans fats and saturated fats; 
6. 
Methods 
of 
encouraging 
healthy 
food 
purchasing 
by 
families using cash and under public benefit programs, including 
the possibility of restricting purchases under a public benefit 
program to certain categories of foods; 
7. 
Analysis of discriminatH)l1 based on personal size, USi11G 
the Michigan human rights law as an example and consul ting wi til 
the Attorney General regarding legal issues; 
8. 
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; 
9. 
Analysis of the nutritional value of food for sale 111 
places of state employment in cafeterias and snack bars and by 
vending machines; and 
10. 
Analysis 
of 
the 
benefits 
and 
costs 
of 
providinG 
insurance or health coverage for obesity prevention and nutrition 
counseling for state employees, retirees and MaineCare enrollees 
and for 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 
Council 
further 
staffing and 
and from the 
clerical assistance 
Department of Human 
the 
commission 
may 
from 
the Legislative 
Services; 
and be it 
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 
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 l2lst Legislature by December 1, 
2003. 
The commission is authorized to introduce legislation related to 
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 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 budg~t. R~soJv~d: 
That the chairs of the 
commission, 
with assistance 
from 
the 
commission staff, 
shall 
administer the commission's budget. 
Within 10 days after its 
first meeting, 
the 
commission shall present 
a 
work 
plan and 
proposed budget to the Legislative Council for its approval. 
The 
commission 
may 
not 
incur 
expenses 
that would 
resul t 
in 
the 
commission's exceeding its approved budget. 
Upon request from the commission, the Executive Director of 
the Legislative Councilor 
shall promptly provide the 
status report on the budget, 
available funds. 
the 
executive director's designee 
commission chair and staff with 
a 
expendi tures incurred and paid and 
SUMMARY 
This 
resolve establishes 
the 
Commission 
to 
Study Public 
Health to study the causes of obesity and methods to decrease the 
cost of health care and improve public health. 
The commission 
i~ 
charged ,,,ith submitting a report, together 1trith legislation, to 
the Second Regular Session of the l2lst Legislature by December 
1, 2003.