H.P. 431 - L.D. 581
Resolve, to Establish the Commission to Determine the Adequacy of Services to Persons with Mental Retardation
Emergency preamble. Whereas, Acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, Maine public policy has resulted in the closure of Pineland Center, Maine's state-operated institution for individuals with mental retardation; and
Whereas, the Pineland Consent Decree provides for appropriate delivery of community-based services for former residents of Pineland Center, but does not address the needs of persons with mental retardation who have never resided at Pineland Center; and
Whereas, many Maine students with mental retardation graduate from public schools every year without access to community-based services, and private community-based agencies are experiencing long waiting lists for persons requiring both residential and day habilitation services; and
Whereas, the problems are compounded by the inability of private agencies to retain qualified staff because of their inability to offer competitive wages; and
Whereas, community-based private agencies must offer the necessary safety net for Maine's citizens with mental retardation; 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 Determine the Adequacy of Services to Persons with Mental Retardation, referred to in this resolve as the "commission," is established; and be it further
Sec. 2. Commission membership. Resolved: That the commission consists of 17 members as follows:
1. One member of the Senate and 2 members of the House of Representatives, of whom one member must be from the Joint Standing Committee on Health and Human Services and one member must be from the minority political party, all of whom are appointed jointly by the President of the Senate and the Speaker of the House of Representatives;
2. Two persons with mental retardation and 2 persons with mental retardation or family members of persons with mental retardation, appointed jointly by the President of the Senate and the Speaker of the House of Representatives from lists submitted by the Maine Developmental Disabilities Council, the Interdepartmental Committee on Transition, the Consumer Advisory Board and Speaking up for Us;
3. Four representatives of the provider community, 3 appointed jointly by the President of the Senate and the Speaker of the House of Representatives from lists submitted by the Maine Association of Rehabilitation Services and the American Network of Community Options and Resources and one provider of services in a solely owned foster home appointed by the Governor from nominations submitted to the Governor;
4. One representative of the Department of Mental Health, Mental Retardation and Substance Abuse Services, appointed by the Commissioner of Mental Health, Mental Retardation and Substance Abuse Services;
5. One representative of the Department of Human Services, appointed by the Commissioner of Human Services;
6. One representative of the Department of Education, appointed by the Commissioner of Education;
7. One representative of the Interdepartmental Committee on Transition, appointed by the chair of the committee;
8. One independent human resources expert from the private sector, appointed by the Governor; and
9. One member of the public appointed by the Governor from nominations submitted to the Governor; and be it further
Sec. 3. Convening of commission. Resolved: That all appointments to the commission must be made no later than 30 days after the effective date of this resolve. The Chair of the Legislative Council shall call the first meeting of the commission within 14 days after all appointments are made. The first meeting must be held by August 1, 1997. The commission shall elect a chair from among its members; and be it further
Sec. 4. Duties. Resolved: That the commission shall study and report recommendations on each of the following issues:
1. The adequacy of mental retardation services for persons who are and are not covered by the community consent decree; and
2. The allocation of existing resources, the prioritization of needs, the existing resource delivery system and the recruitment, training, retention and compensation of personnel; and be it further
Sec. 5. Meetings. Resolved: That the commission may meet up to 4 times; and be it further
Sec. 6. Report. Resolved: That the commission shall prepare a written report of its findings and recommendations and submit its report, together with any necessary implementing legislation, by January 1, 1998. If the commission requires an extension, it may apply to the Legislative Council, which may grant the extension; and be it further
Sec. 7. Staff assistance. Resolved: That the commission may request staffing assistance from the Legislative Council; and be it further
Sec. 8. Reimbursement. Resolved: That the task force members who are Legislators are entitled to receive the legislative per diem, as defined in the Maine Revised Statutes, Title 3, section 2, for each day's attendance at meetings of the task force and reimbursement for travel and other necessary expenses upon application to the Legislative Council. The Executive Director of the Legislative Council shall administer the task force's budget; and be it further
Sec. 9. Appropriation. Resolved: That the following funds are appropriated from the General Fund to carry out the purposes of this resolve.
1997-98
LEGISLATURE
Commission to Determine the Adequacy of Services to Persons with Mental Retardation
Personal Services $660
All Other 1,100
__________
Total $1,760
Provides funds for the per diem and expenses of legislative members and miscellaneous expenses of the Commission to Determine the Adequacy of Services to Persons with Mental Retardation.
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective June 12, 1997.
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