Resolve, To Establish a Background Check Consolidation Commission
Maine Legislature, Session 129, LD 0592
Committee: State and Local Government
Sponsors: McCREA, VITELLI, ACKLEY, CARDONE, DUNPHY, FARNSWORTH, MARTIN, SCHNECK, STANLEY, WHITE

Legislative Document
No. 592
H.P. 436
House of Representatives, February 5, 2019
Resolve, To Establish a Background Check Consolidation 
Commission
(EMERGENCY)
Reference to the Committee on State and Local Government suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative McCREA of Fort Fairfield.
Cosponsored by Senator VITELLI of Sagadahoc and
Representatives: ACKLEY of Monmouth, CARDONE of Bangor, DUNPHY of Old Town, 
FARNSWORTH of Portland, MARTIN of Sinclair, SCHNECK of Bangor, STANLEY of 
Medway, WHITE of Waterville.
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 establishes the Background Check Consolidation 
Commission to study consolidating state-required, employment-related background 
checks; and
Whereas, the study must be initiated before the 90-day period 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 Background Check 
Consolidation Commission, referred to in this resolve as "the commission," is established.
Sec. 2.  Commission membership.  Resolved:  That the commission consists of 
members appointed as follows:
1.  Four members of the Senate appointed by the President of the Senate, including 
members from each of the 2 parties holding the largest number of seats in the Legislature;
2.  Three members of the House of Representatives appointed by the Speaker of the 
House, including members from each of the 2 parties holding the largest number of seats 
in the Legislature;
3.  The Commissioner of Education or the commissioner's designee;
4.  The Commissioner of Inland Fisheries and Wildlife or the commissioner's 
designee;
5.  The Commissioner of Public Safety or the commissioner's designee; and
6.  The Commissioner of Health and Human Services or the commissioner's designee.
Sec. 3.  Chairs.  Resolved:  That the first-named Senate member is the Senate 
chair and the first-named House of Representatives member is the House chair of the 
commission.
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.  After appointment of all members, 
the chairs shall call and convene the first meeting of the commission.  If 30 days or more 
after the effective date of this resolve a majority of but not all appointments have been 
made, the chairs may request authority and the Legislative Council may grant authority 
for the commission to meet and conduct its business.
Sec. 5.  Duties.  Resolved:  That the commission shall study consolidating and 
centralizing as many state-required background checks required for employment as 
possible, including background checks for teachers, state workers and persons seeking 
Maine Guide licenses.  Background checks to obtain firearms may not be addressed by 
the commission.
Sec. 6.  Staff assistance.  Resolved:  That the Legislative Council shall provide 
necessary staffing services to the commission, except that Legislative Council staff 
support is not authorized when the Legislature is in regular or special session.
Sec. 7.  Report.  Resolved:  That, no later than December 4, 2019, the commission 
shall submit a report that includes its findings and recommendations, including suggested 
legislation, for presentation to the Second Regular Session of the 129th Legislature.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.
SUMMARY
This resolve establishes the Background Check Consolidation Commission to study 
consolidating and centralizing as many state-required background checks required for 
employment as possible, including background checks for teachers, state workers and 
persons seeking Maine Guide licenses.  It prohibits the commission from studying 
background checks to obtain firearms.