Resolve, Directing the Maine Center for Disease Control and Prevention To Conduct a Review of Public Health Nuisance Laws

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.