Resolve, To Establish a Commission To Evaluate Criteria for Siting Agency Liquor Stores (AFTER DEADLINE)
Maine Legislature, Session 122, LD 1600
Committee: Legal and Veterans Affairs
Sponsors: GAGNON, PATRICK

Legislative Document 
No. 1600 
S.P.574 
In Senate, April 26, 2005 
Resolve, To Establish a Commission To Evaluate Criteria for Siting 
Agency Liquor Stores 
(AFTER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Senator GAGNON of Kennebec. 
Cosponsored by Representative PATRICK of Rumford. 
Printed on recycled paper 
JOY 1. O'BRIEN 
Secretary of the Senate 
Emergency preamble. 
Whereas, acts 
and 
Legislature 
do 
not 
become 
effective 
until 
adjournment unless enacted as emergencies; and 
resolves 
of 
the 
days 
after 
Whereas. this resolve creates the Commission to Evaluate the 
Criteria for Siting Agency Liquor Stores; and 
Whereas, the study must 
be initiated before 
the 
90-day 
per iod expires in order that the study may be completed and a 
report submitted in time for submission to the next legislative 
session; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, be it 
Sec. 1. Commission established. Resolved: 
That the Commission 
to 
Evaluate 
the 
Criteria 
for 
Siting 
Agency 
Liquor 
Stores, 
referred to in this resolve as "the commission," is established; 
and be it further 
Sec. 2. Commission membership. Resolved: 
That the commission 
consists of 10 members appointed as follows: 
1. 
Three members of the Senate appointed by the President 
of the Senate. 
One 
member must serve on the Joint Standing 
Committee on Appropriations and Financial Affairs, 
one member 
must serve on the Joint Standing Committee on Legal and Veterans 
Affairs and one member must serve on the Joint Standing Committee 
on Health and Human Services; 
2. 
Five members of the House of Representatives appointed 
by the Speaker of the House. 
Two members must serve on the Joint 
Standing Committee on Legal and Veterans Affairs, 2 members must 
serve 
on the Joint Standing Committee 
on Appropriations 
and 
Financial Affairs and one member must serve on the Joint Standing 
Committee on Health and Human Services; 
3. 
The Commissioner of Public Safety or the commissioner's 
designee; and 
4. 
The Commissioner of Health and Human Services or the 
commissioner's designee; 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 
Page l-LR2299(1) 
• 
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. 
Wi thin 
days 
after 
appointment of all members, the chairs shall call and convene the 
first meeting of the commission, which must be no later than 
August 1, 2005; and be it further 
Sec. 5. Duties. Resolved: 
That 
the 
commission shall hold 
meetings at various locations in the State, to be determined by 
the chairs. 
The commission shall: 
1. 
Evaluate the criteria for siting agency liquor stores; 
2. 
Invite the participation of interested parties; 
3. 
Identify and recommend appropriate actions the State may 
take to establish the criteria for siting agency liquor stores; 
and 
4. 
Identify and discuss other issues relevant to this 
study; and be it further 
Sec. 6. Staff assistance. Resolved: 
That the Legislative Council 
shall provide necessary staffing services to the commission; and 
be it further 
Sec. 7. 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 
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. 8. Report. Resolved: 
That, 
no later than November 4, 
2005, 
the commission shall submit a 
report that includes its 
findings 
and 
recommendations, 
including suggested legislation, 
for presentation to the Joint Standing Committee on Legal and 
Veterans Affairs and the Legislative Council. 
The commission is 
not authorized to introduce legislation. 
Following receipt and 
review of the report, the Joint Standing Committee on Legal and 
Veterans Affairs may report out a bill to the Second Regular 
Session of the 122nd Legislature; and be it further 
Sec. 9. 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. 10. Commission budget. Resolved: 
That the chai rs 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. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this resolve takes effect when approved. 
SUMMARY 
This 
resolve establishes the Commission to 
Evaluate 
the 
Criteria for Siting Agency Liquor Stores.