Resolve, To Establish the Commission To Study the Licensing Conflicts between the Department of Agriculture, Food and Rural Resources and the Department of Health and Human Services
Maine Legislature, Session 122, LD 1262
Committee: State and Local Government
Sponsors: COWGER, MARLEY, BROMLEY, MAYO, TURNER, BOWEN, DAIGLE, DUPLESSIE, KOFFMAN, SAVIELLO

Legislative Document 
No. 1262 
S.P.442 
In Senate, March 15,2005 
Resolve, To Establish the Commission To Study the Licensing 
Conflicts between the Department of Agriculture, Food and Rural 
Resources and the Department of Health and Human Services 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Senator COWGER of Kennebec. 
Cosponsored by Representative MARLEY of Portland and 
JOY 1. O'BRIEN 
Secretary of the Senate 
Senators: BROMLEY of Cumberland, MAYO of Sagadahoc, TURNER of Cumberland, 
Representatives: BOWEN of Rockport, DAIGLE of Arundel, DUPLESSIE of Westbrook, 
KOFFMAN of Bar Harbor, SAVIELLO of Wilton. 
Printed on recycled paper 
Sec. 1. Commission established. Resolved: 
That 
to 
Study 
the 
Licensing Conflicts 
between 
the 
Agriculture, 
Food 
and 
Rural 
Resources 
and 
the 
the Commission 
Department 
of 
Department of 
Heal th and Human Services, referred to in this resolve as "the 
commission," is established; and be it further 
Sec. 2. Commission membership. Resolved: 
That the commission 
consists of 13 members appointed as follows: 
1. 
Two members of the Senate, appointed by the President of 
the Senate; 
2. 
Four members of the House of Representatives, appointed 
by the Speaker of the House of Representatives; 
3. 
One member from the Department of Agriculture, Food and 
Rural Resources, appointed by the Governor; 
4. 
One 
member 
from 
the Department of Health and 
Human 
Services, appointed by the Governor; 
5. 
One member who is an owner or operator of a restaurant, 
appointed by the President of the Senate; 
6. 
One member who is an owner or operator of a convenience 
store, appointed by the President of the Senate; 
7. 
One member who is an owner or operator of a lodging 
establishment, appointed by the President of the Senate; 
8. 
One member who is a food processor, appointed by the 
Speaker of the House of Representatives; and 
9. 
One member who is a campground owner, appointed by the 
Speaker of the House of Representatives; and be it further 
Sec. 3. Chairs. Resolved: 
That the first-named Senate member 
is the Senate chair of the commission and the first-named House 
of Representatives member is the House chair of the commission; 
and be it further 
Sec. 4. Appointments; convening of commission. Resolved: 
That 
all appointments must be made no later than 30 days following the 
effective date of this resolve. 
The appointing authorities shall 
notify the Executive Director of the Legislative Council once all 
appointments 
have 
been 
completed. 
Within 
days 
after 
appointment of all members, the chairs shall call and convene the 
first meeting of the commission; and be it further 
Page l-LRI350(1) 
Sec. 5. Duties. Resolved: 
That the commission shall study the 
licensing conflicts between the Department of Agriculture, Food 
and 
Rural 
Resources 
and 
the 
Department of Health 
and 
Human 
Services in order to: 
1. 
Identify 
the 
appropriate 
licensing 
agency 
for 
health-related licenses and inspections; 
2. 
Eliminate duplicate licensing requirements; and 
3. 
Establish 
a 
central 
location 
to 
obtain 
necessary 
information for licensing procedures; and be it further 
Sec. 6. Meetings. Resolved: 
That, 
in examining the issues, 
the commission shall meet 4 times to fulfill its duties; and be 
it further 
Sec. 7. Staff assistance. Resolved: 
That, upon approval of the 
Legislative Council, 
the Office of Policy and Legal Analysis 
shall provide necessary staffing services to the commission; and 
be it further 
Sec. 8. 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 
authorized 
meetings 
of 
the 
commission. 
Public members not otherwise compensated by their 
employ"rs or other entities that they represent are entitled to 
receive 
reimbursement 
for 
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. 9. Report. Resolved: 
That, 
no later than January 30, 
2006, 
the commission shall submit a 
report that includes its 
findings 
and 
recommendations, 
including suggested legislation, 
for presentation to the 
122nd 
Legislature. 
The 
commission 
is 
authorized 
to 
introduce 
legislation related to its report to the Second Regular Session 
of the l22nd Legislature at the time of submission of its report; 
and be it further 
Sec. 10. Extension. Resolved: 
That, if the commis"'~ on requires 
a limited extension of time to complete 
its)~t:~ y and make its 
report, it may apply to the Legislative Counc~l, which may grant 
an extension; and be it further 
Sec. 11. Commission budget. Resolved: 
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 
result in the 
commission's exceeding its approved budget. 
Upon request from 
the commission, the Executive Director of the Legislative Council 
shall promptly provide the commission chairs and staff with a 
status report on the commission budget, expenditures incurred and 
paid and available funds. 
SUMMARY 
This 
resolve 
establishes 
the 
Commission 
to 
Study 
the 
Licensing Conflicts between the Department of Agriculture, Food 
and 
Rural 
Resources 
and the 
Department of 
Health and 
Human 
Services.