CHAPTER 118
S.P. 139 - L.D. 415
Resolve, To Create the Committee To Study State Compliance with the Federal Indian Child Welfare Act of 1978
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Committee To Study State Compliance with the Federal Indian Child Welfare Act of 1978 should be established to examine the extent to which the State complies with the federal Indian Child Welfare Act of 1978 and to identify ways in which to improve compliance; 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. Committee established. Resolved: That the Committee To Study State Compliance with the Federal Indian Child Welfare Act of 1978, referred to in this resolve as "the committee," is established; and be it further
Sec. 2. Committee membership. Resolved: That the committee consists of the following members:
1. Two members of the Senate, appointed by the President of the Senate;
2. Three members of the House of Representatives, appointed by the Speaker of the House;
3. The Governor of the Passamaquoddy Tribe, or a designee;
4. The Governor of the Penobscot Nation, or a designee;
5. The Tribal Chief of the Houlton Band of Maliseet Indians, or a designee;
6. The Tribal Chief of the Aroostook Band of Micmacs, or a designee;
7. The Commissioner of Health and Human Services, or the commissioner's designee; and
8. The Attorney General, or the Attorney General's designee.
The Chief Justice of the Supreme Judicial Court is requested to designate a representative of the judicial branch to serve as a voting member of the committee; and be it further
Sec. 3. Chairs. Resolved: That the first-named Senate member is the Senate chair of the committee and the first-named House of Representatives member is the House chair of the committee; and be it further
Sec. 4. Appointments; convening of committee. 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 15 days after appointment of all members, the chairs shall call and convene the first meeting of the committee, which may be no later than August 1, 2005; and be it further
Sec. 5. Duties. Resolved: That the committee shall study state compliance with the federal Indian Child Welfare Act of 1978. The committee may hold one public hearing, in Augusta, to collect public testimony; and be it further
Sec. 6. Staff assistance. Resolved: That the Legislative Council shall provide necessary staffing services to the committee; and be it further
Sec. 7. Compensation. Resolved: That the legislative members of the committee are entitled to receive the legislative per diem, as defined in the Maine Revised Statutes, Title 3, section 2, and reimbursement for travel and other necessary expenses related to their attendance at authorized meetings of the committee. Public members not otherwise compensated by their employers or other entities that they represent are entitled to receive reimbursement of necessary expenses for their attendance at authorized meetings of the committee; and be it further
Sec. 8. Report. Resolved: That, no later than December 7, 2005, the committee shall submit a report that includes its findings and recommendations, including suggested legislation, for presentation to the Joint Standing Committee on Judiciary and the Legislative Council. The committee is authorized to introduce legislation related to its report to the Second Regular Session of the 122nd Legislature at the time of submission of its report; and be it further
Sec. 9. Extension. Resolved: That, if the committee 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. Committee budget. Resolved: That the chairs of the committee, with assistance from the committee staff, shall administer the committee's budget. Within 10 days after its first meeting, the committee shall present a work plan and proposed budget to the Legislative Council for its approval. The committee may not incur expenses that would result in the committee's exceeding its approved budget. Upon request from the committee, the Executive Director of the Legislative Council shall promptly provide the committee chairs and staff with a status report on the committee 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.
Effective June 21, 2005.
| Revisor of Statutes Homepage | Subject Index | Search | 122nd Laws of Maine | Maine Legislature |
About the 1st Regular & 1st Special Session Laws Of Maine
