Resolve, Directing the Maine Center for Disease Control and Prevention To Conduct a Review of Public Health Nuisance Laws
Maine Legislature, Session 125, LD 0547
Committee: Health and Human Services
Sponsors: BERRY, BICKFORD, EVES, KESCHL, ROSEN, STRANG BURGESS, COLLINS

Legislative Document 
No. 547 
H.P. 430 
House of Representatives, February 15, 2011 
Resolve, Directing the Maine Center for Disease Control and 
Prevention To Conduct a Review of Public Health Nuisance Laws 
(EMERGENCY) 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative BERRY of Bowdoinham. 
Cosponsored by Representatives: BICKFORD of Auburn, EVES of North Berwick, KESCHL 
of Belgrade, McCABE of Skowhegan, ROSEN of Bucksport, STRANG BURGESS of 
Cumberland, Senator: COLLINS of York. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, this legislation needs to take effect before the expiration of the 90-day 
period in order to enable the stakeholder group created in this resolve to report in a timely 
fashion; 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.  Review of public health nuisance laws.  Resolved:  That the 
Department of Health and Human Services, Maine Center for Disease Control and 
Prevention shall examine the current public health nuisance laws and enforcement 
procedures to determine if they are sufficient to protect the public. The department shall 
assemble a group of relevant stakeholders, including but not limited to representatives of 
public health organizations, municipal officials, Department of Environmental Protection 
officials and affected members of the public. This stakeholder group shall review the 
scope and coverage of current public health nuisance laws and the effectiveness of 
existing public health nuisance law enforcement. The stakeholder group shall identify 
gaps in or problems with current public health nuisance laws and the enforcement of 
these laws and make recommendations for improvement, including any suggested 
legislation, to the Joint Standing Committee on Health and Human Services by November 
30, 2011. The Joint Standing Committee on Health and Human Services may submit a 
bill on matters relating to the report of the stakeholder group to the Second Regular 
Session of the 125th Legislature. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This resolve directs the Department of Health and Human Services, Maine Center for 
Disease Control and Prevention to examine the current public health nuisance laws and 
enforcement procedures to determine if they are sufficient to protect the public. The 
department is directed to convene a stakeholder group to identify problems with current 
public health nuisance laws and the enforcement of those laws and make 
recommendations for improvement to the Joint Standing Committee on Health and 
Human Services by November 30, 2011.