Resolve, To Study the Cost of the Provision of Certain Governmental Services in the Unorganized Territories
Maine Legislature, Session 122, LD 1636
Committee: Taxation
Sponsors: MARTIN, JACKSON, PINEAU, SAVIELLO, WATSON, BRYANT

Legislative Document 
No. 1636 
H.P.1154 
House of Representatives, May 3, 2005 
Resolve, To Study the Cost of the Provision of Certain 
Governmental Services in the Unorganized Territories 
(EMERGENCY) 
Reference to the Committee on Taxation suggested and ordered printed. 
Presented by Representati ve DUPLESSIE of Westbrook. 
Cosponsored by Senator MARTIN of Aroostook and 
'IY/~ /J7.11!d£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: JACKSON of Fort Kent, PINEAU of Jay, SAVIELLO of Wilton, WATSON 
of Bath, Senator: BRYANT of Oxford. 
Printed on recyc led paper 
Emergency preamble. 
Whereas, acts 
Legislature 
do 
not 
become 
effective 
adjournment unless enacted as emergencies; 
and 
until 
and 
resolves 
of 
the 
days 
after 
Whereas, the characteristics of land ownership and patterns 
of development in the unorganized territories are changing at a 
rapid rate, and the development pressures associated with those 
changes are increasingly similar to those in organized areas of 
the State; and 
Whereas, current occurring 
in the unorganized territories 
holding 
smaller 
parcels 
of 
construction of residential and 
fragmentation of land ownership 
is resulting in more landowners 
land 
accompanied 
by 
increased 
other development; and 
Whereas, major development proposals by large landowners in 
the unorganized territories are occurring at a significant rate; 
and 
Whereas, the cost of providing basic government 
such as fire protection for structures and forest lands 
use 
regulation is 
not 
always 
related 
to 
the 
size 
holdings, and the changes in ownership and development 
result in an 
unequal 
demand 
and cost of providing 
throughout the unorganized territories; and 
services 
and land 
of 
land 
patterns 
services 
Whereas, the costs of providing basic governmental services 
ought to be borne equitably by those owning land or residing in 
the unorganized territories; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency wi thin 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 
Study 
the 
Cost 
of 
Providing 
Certain 
Services 
in 
the 
Unorganized Territories, 
referred to in this resolve as 
"the 
commission," is established; and be it further 
Sec. 2. Commission membership. Resolved: 
That the commission 
consists of 12 members appointed as follows: 
1. 
Two members of the Senate appointed by the President of 
the Senate, at least one of whom is a member of either the Joint 
Standing Committee on Agriculture, Conservation and Forestry or 
the Joint Standing Committee on Natural Resources; 
2. 
Two members of 
the House of Representatives appointed 
by the Speaker of the House, at least one of whom is a member of 
Page l-LR2028(l) 
either the Joint Standing Committee on Agriculture, Conservation 
and Forestry or the Joint Standing Committee on Natural Resources; 
3. 
A representative of county government from a county that 
includes areas within the jurisdiction of the Maine Land Use 
Regulation Commission appointed by the President of the Senate; 
4. 
Two owners of land in the unorganized territories, one 
owning a parcel of land greater than 500 acres in size appointed 
by the President of the Senate and one owning a parcel of land 
less than 500 acres in size appointed by the Speaker of the House; 
5. 
The State Tax Assessor or a designee; 
6. 
The Commissioner of Conservation or a designee; 
7. 
The 
Director 
of 
the 
Maine 
Land 
Use 
Regulation 
Commission or a designee; 
8. 
The Director of the Maine Forest Service or a designee; 
and 
9. 
The fiscal administrator of the unorganized territory or 
a 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 
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 
Sec. 5. Duties. Resolved: 
That the commission shall: 
1. Study 
the provision of fire preparedness and protection 
services 
by 
the 
Maine 
Forest 
Service 
and 
others 
in 
the 
unorganized territories; 
the 
prov~s~on of 
land 
use 
planning 
services and related activities by the Maine Land Use Regulation 
Commission in the unorganized territories, including planning, 
permitting and compliance activities; the provision of education 
services in the unorganized territories; and the provision of 
other types of services in the unorganized territories that are 
determined relevant by the commission; 
2. 
Study the cost and reimbursement for services provided 
in the unorganized territories; and 
3. 
Recommend whether adjustments in the level or method of 
funding should be made for services provided in the unorganized 
territories; 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 
related 
reimbursement for travel 
to 
their 
attendance 
at 
and other necessary 
authorized 
meetings 
expenses 
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 December 7, 
2005, 
the commission shall submit a 
report that includes its 
findings 
and 
recommendations, 
including suggested legislation, 
for presentation to the Second Regular Session of the l22nd 
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. 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 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. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this resolve takes effect when approved. 
SUMMARY 
Property ownership 
and development patterns are changing 
rapidly in the unorganized territories, ra1s1ng issues of types 
of services 
demanded 
by residents, 
costs of providing those 
services 
and fairness in paying those costs. 
This 
resolve 
establishes the Commission To Study the Cost of Providing Certain 
Services in the Unorganized Territories to study and report to 
the Legislature on the cost and reimbursement for providing fire 
protection and preparedness services, land use planning services 
and 
education 
services 
in 
the 
unorganized territories. 
The 
report is due December 7, 2005.