pem207/maine-bills huggingface dataset:
Maine Legislature, Session 121, LD 1667
Committee Amendment CA_A_H789 (House)

COMMITTEE AMENDMENT "If" to H.P. 1243, L.D. 1667, Bill, "An 
Act 
To 
Repeal 
the 
Exception 
Provision 
for 
Certain 
Imported 
Lobster under the LaloTS Governing Lobster Measurement" 
Amend the bill by striking out all of the emergency preamble 
(page 1, lines 1 to 21 in L.D.) and inserting in its place the 
following: 
'Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, the purpose of this legislation is to conserve 
Maine's lobster resource; and 
Whereas, 
the 
protection 
of 
the 
lobster 
brood 
stock, 
primarily its over-sized, more productive, egg-bearing lobsters, 
is crucial 
to 
the health 
and 
longevity of Maine's 
lobster 
population; and 
Whereas, Maine's 
lobster 
population 
is 
replenished 
by 
lobster brood stock from outside of Maine; and 
Whereas, Maine 
has strict laws 
designed to protect and 
conserve Maine's lobster brood stock; and 
Whereas, the harvest of over-sized lobsters outside of Maine 
threatens the viability of Maine's lobster resource; and 
Whereas, given 
the 
aforementioned 
considerations, 
it is 
necessary for 
Maine 
to further 
strengthen its commitment 
to 
conserve the lobster brood stock; and 
Page l-LR2266(2) 
COMM/rrEE AMENDMENT 
~r:o. 
~, 
COMMITTEE AMENDMENT ,A .. to H.P. 1243, L.D. 1667 
Whereas, there 
are 
no 
reasonable 
alternatives 
to 
the 
proposed legislation to help prevent the decline of the lobster 
brood stock; 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,' 
SUMMARY 
This 
amendment is the minority report and replaces 
the 
emergency preamble of the bill to more accurately reflect the 
legislative intent of the bill. 
COMMITTEE AMENDMENT
An Act To Provide Assistance to Municipalities Regarding Downtown Rehabilitation Building Codes LR2404(02)
Maine Legislature, Session 121, LD 1663
Committee Amendment CA_A_H770 (House)
Amends: 5 MRSA §3305

COMMITTEE AMENDMENT "ft, to H.P. 1239, L.D. 1663, Bill, "An 
Act To Provide Assistance to Municipalities Regarding Downtown 
Rehabilitation Building Codes" 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 5 MRSA §3305, sub-§ 1, tD, as amended by PL 1995, c. 
395, Pt. D, §l, is further amended to read: 
D. 
Upon request provide technical assistance to local and 
regional planning groups in the fields of planning, public 
housing and urban renewal. 
The office shall make available 
to municipalities and regional planning agencies existing 
information 
from 
state 
agencies 
to 
be 
used 
in 
the 
development of comprehensive plans and land use ordinances. 
The director shall oversee delivery of technical assistance 
and resources to municipalities for the purpose of flood 
plain management activities 
and enhancing 
and 
expanding 
parks, open spaces and recreational opportunities as a part 
of comprehensive community development. 
Within available 
resources, the director shall provide technical assistance 
to municipalities and regional planning organizations in the 
development and implementation of local comprehensive land 
use plans and local building codes and those local building 
rehabilitation codes that are consistent with any model 
building codes adopted by the State;' 
Page l-LR2404(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. {I .. to H.P. 1239, L.D. 1663 
SUMMARY 
This amendment replaces the bill. 
The amendment directs 
the Executive Department, State Planning Office, within existing 
resources, to provide technical assistance to municipalities and 
regional 
planning 
organizations 
in 
the 
development 
and 
implementation of local building codes and those local building 
rehabilitation codes that are consistent with any model building 
codes adopted by the State. 
FISCAL \OTE REQllRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/02/04 frat::: 
l2lst Maine Legislature 
Office of Fiscal and Program Review 
LD 1663 
An Act To Provide Assistance to Municipalities Regarding Downtown 
Rehabilitation Building Codes 
LR2404(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Business, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
LR2404(2) - Fiscal Note - Page 1 of 1
An Act To Repeal the Exception Provision for Certain Imported Lobster under the Laws Governing Lobster Measurement
Maine Legislature, Session 121, LD 1667
Committee: Marine Resources
Sponsors: PERRY, MAYO, BUNKER, EARLE, GOODWIN, PELLON, PERCY, PINGREE
Amends: 12 MRSA §6431

Legislative Document 
No. 1667 
H.P.1243 
House of Representati ves, December 19, 2003 
An Act To Repeal the Exception Provision for Certain Imported 
Lobster under the Laws Governing Lobster Measurement 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 16,2003. Referred to the Committee on 
Marine Resources pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. 
Presented by Representative PERRY of Calais. 
Cosponsored by Senator MAYO of Sagadahoc and 
/Yj~/J7.1J?~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BUNKER of Kossuth Township, DUGA Y of Cherryfield, EARLE of 
Damariscotta, GOODWIN of Pembroke, PELLON of Machias, PERCY of Phippsburg, 
PINGREE of North Haven. 
Print~tI on recycled paper 
Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, the purpose of this legislation is to disallow the 
shipment of large brood lobsters through Maine; and 
Whereas, this legislation will help protect Maine' s lobster 
industry and ensure the 
long-term viability of this valuable 
resource; and 
Whereas, legislative 
action 
is 
immediately 
necessary 
ln 
order 
to 
protect 
the 
lobster 
industry 
while 
fishermen 
are 
enjoying 
record 
lobster 
catches 
and 
while 
the 
State 
is 
experiencing a relatively healthy fishery; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency wi thin 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 enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §6431. sub-§6, as repealed and replaced by PL 
1987, c. 513, §4, is repealed. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill repeals the provision of law that allows certain 
imported lobster to be exempt from the laws governing lobster 
measurement. 
Page l-LR2266(1)
An Act To Amend the Laws Governing Growth Amend the amendment in section in subsection 3-A in paragraph A in subparagraph (2) in the 4th line (page 2, line 4 in amendment) by striking out the following: has and inserting in its place the following: and has Further amend the amendment in section 2 in subsection 3-A in paragraph A in subparagraph (2) in the 6th and 7th lines (page 2, lines 6 and 7 in amendment) by striking out the following: and is im)?lementing a ca)?ital investment )?lan accorcang to schedule;" and inserting in its place the following: '-'--.Qllil Further amend the amendment in section 2 in subsection 3-A in paragraph A in subparagraph (3) in the last line (page 2, line in amendment) by striking out the following: ; and" and inserting in its place the following: i Further amend the amendment in section 2 in subsection 3-A in paragraph A by striking out all of subparagraph (4) (page 2, lines 14 and 15 in amendment) SUMMARY This amendment changes the preference for other state grants and investments as specified in Committee Amendment A by Page l-LR2387(4) HOUSE AMENDMENT
Maine Legislature, Session 121, LD 1668
Committee Amendment CA_A-HA_A_H766 (House)

AMENDMENT "A" to COMMITTEE 
AMENDMENT 
"A" to H. P. 
1668, Bill, "An Act To Amend the Laws Governing Growth 
Amend 
the 
amendment 
in section 
in subsection 
3-A in 
paragraph A in subparagraph (2) in the 4th line (page 2, line 4 
in 
amendment) 
by 
striking out 
the 
following: 
" 
has" 
and 
inserting in its place the following: 
'and has' 
Further amend the amendment in section 2 in subsection 3-A 
in paragraph A in subparagraph (2) in the 6th and 7th lines (page 
2, lines 6 and 7 in amendment) by striking out the following: 
"and is 
im)?lementing 
a 
ca)?ital investment )?lan accorcang to 
schedule;" and inserting in its place the following: '-'--.Qllil' 
Further amend the amendment in section 2 in subsection 3-A 
in paragraph A in subparagraph (3) in the last line (page 2, line 
in amendment) 
by striking out the following: 
"; and" and 
inserting in its place the following: 
'i' 
Further amend the amendment in section 2 in subsection 3-A 
in paragraph A by striking out all of subparagraph (4) (page 2, 
lines 14 and 15 in amendment) 
SUMMARY 
This amendment changes the preference for other state grants 
and 
investments 
as 
specified in 
Committee 
Amendment 
"A" 
by 
Page l-LR2387(4) 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT 
,,~.. to COMMITTEE 
AMENDMENT "A" to H. P. 
L.D. 1668 
1244, 
eliminating the requirement that the 2nd priority be given to a 
municipality that is implementing a capital investment plan and 
eliminating the 4th priority of a municipality that has adopted a 
comprehensive plan. 
SPONSORED BY: 
(Representative 
TOWN: 
Bar Harbor 
HOUSE AMENDMENT
An Act To Abrogate the Hearsay Rule in Cases Involving Custody or Protection of Children LR 2534(02)
Maine Legislature, Session 121, LD 1669
Committee Amendment CA_A_H688 (House)
Committee: Judiciary

COMMITTEE AMENDMENT .. !}. to H.P. 1245, L.D. 1669, Bill, "An 
Act To Abrogate the Hearsay Rule in Cases Involving Custody or 
Protection of Children" 
Amend the bill by inserting after section 1 the following: 
. Sec. 
2. 
Appropriations 
and 
allocations. 
appropriations and allocations are made. 
JUDICIAL DEPARTMENT 
Courts -
Supreme, Superior and District 
The 
following 
Initiative: 
Appropriates 
funds 
to 
cover 
the 
cost 
of 
the 
additional judge time required as well as related court security 
and clerical support. 
General Fund 
Personal Services 
All Other 
General Fund Total 
SUMMARY 
2003-04 
$0 
o 
$0 
2004-05 
$68,742 
3,240 
$71,982' 
This amendment is the minority report of the Joint Standing 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. if .. to H.P. 1245, L.D. 1669 
Committee 
on 
Judiciary. 
allocations section. 
It 
adds 
an 
appropriations 
and 
FISCAL NOTE REQUIRED 
(See attached) 
COMM/rrEE AMENDMENT 
Net Cost (Savings) 
General Fund 
Appropriationsl Allocations 
General Fund 
Fiscal Detail and Notes 
Revised: 01/22/04 ;:t?ae 
Office of Fiscal and Program Review 
LD 1669 
An Act To Abrogate the Hearsay Rule in Cases Involving Custody or 
Protection of Children 
LR 2534(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
2003·04 
$0 
$0 
2004·05 
$71,982 
$71,982 
Projections 
2005·06 
$73,602 
$73,602 
Projections 
2006·07 
$75,442 
$75,442 
Allowing the admission into evidence of certain out-of-court statements by minors will require a General Fund 
appropriation to the Judicial Department in the amount of $71,982 in fiscal year 2004-05. This appropriation will 
provide funds to cover the cost of the additional judge time required as well as related court security and clerical 
support. 
LR2534(2) - Fiscal Note - Page 1 of 1
An Act
Maine Legislature, Session 121, LD 1671
House Amendment HA_A_H802 (House)

HOUSE AMENDMENT "A" to H.P. 1247, L.D. 1671, Bill, 
To Authorize the Deorganization of the Town of Atkinson" 
"An Act 
Amend the bill by inserting after section 2 the following: 
'Sec. 3. Payment of tuition; consent of superintendent required. 
Notwithstanding the Maine Revised Statutes, Title 20-A, chapter 
119, 
the 
Commissioner 
of 
Education 
may 
pay tuition for 
an 
elementary school student to attend an elementary school outside 
of School Administrative District No. 41 only with the consent of 
the Superintendent of School Administrative District No. 41.' 
Further amend the bill in section 5 in the first line (page 
2, 
line 10 in L.D.) 
by striking out the following: 
"3" and 
inserting in its place the following: 
'4' and in the last line 
(page 
2, 
line 
in L.D.) 
by 
striking out 
the 
following: 
"section 
of 
this 
Act" 
and 
inserting 
in 
its 
place 
the 
following: 
'that section of this Act relating to the referendum' 
Further amend the 
nonconsecutive 
Part 
consecutively. 
bill by relettering 
letter 
or 
section 
SUMMARY 
or renumbering any 
number 
to 
read 
This amendment provides that the Commissioner of Education 
may pay tuition for an elementary school student from Atkinson 
Page l-LR2224(5) 
HOUSE AMENDMENT 
HOUSE AMENDMENT ",1" to H.P. 1247, L.D. 1671 
Township 
to 
Administrative Dis 
Superintendent of 
SPONSORED BY: 
elementary 
school 
outside 
of 
School 
No 
only with the consent of the 
Ad 
nistrative District No. 41. 
TOWN: 
HOUSE AMENDMENT
An Act To Authorize the Deorganization of the Town of Atkinson
Maine Legislature, Session 121, LD 1671
Senate Amendment SA_A_S479 (Senate)

SENATE AMENDMENT "A" to H.P. 1247, L.D. 1671, Bill, "An Act 
To Authorize the Deorganization of the Town of Atkinson" 
Amend the bill in section 1 in the 7th line (page 1, line 9 
in L.D.) by striking out the following: 
"section 4 of" 
Further amend the bill by inserting after section 2 the 
following: 
'Sec. 3. Payment of tuition; consent of superintendent required. 
Notwithstanding the Maine Revised Statutes, Title 20-A, chapter 
119, 
the 
Commissioner 
of 
Education 
may 
pay tuition for 
an 
elementary school student to attend an elementary school outside 
of School Administrative District No. 41 only with the consent of 
the Superintendent of School Administrative District No. 41.' 
Further amend the bill in section 5 in the first line (page 
2, line 10 in L.D.) by striking out the following: 
"3" and 
inserting in its place the following: 
'4' and in the last line 
(page 
2, 
line 
in L.D.) 
by striking out 
the 
following: 
"section 
of 
this 
Act" 
and 
inserting 
in its 
place 
the 
following: 
'that section of this Act relating to the referendum' 
Further amend the bill by 
nonconsecutive 
Part 
letter 
consecutively. 
relettering 
or 
section 
or renumbering any 
number 
to 
read 
SENATE AMENDMENT 
SENATE AMENDMENT "A" to H.P. 1247, L.D. 1671 
SUMMARY 
This amendment provides that the Commissioner of Education 
may pay tuition for an elementary school student from Atkinson 
Township 
to 
attend 
elementary 
school 
outside 
of 
School 
Administrative 
No. 
only with the consent of the 
Superintendent 
inistrative District No. 41. 
SPONSORED BY: 
(Senator P. 
COUNTY: 
Piscataquis 
SENATE AMENDMENT
An Act To Allow Communications Towers on Land of the Maine Turnpike Authority
Maine Legislature, Session 121, LD 1676
Committee: Transportation
Sponsors: HATCH
Amends: 23 MRSA §1965

Legislative Document 
No. 1676 
S.P.608 
In Senate, December 17, 2003 
An Act To Allow Communications Towers on Land of the Maine 
Turnpike Authority 
Submitted by the Maine Turnpike Authority pursuant to Joint Rule 204. 
Received by the Secretary of the Senate on December 16, 2003. Referred to the Committee 
on Transportation pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. 
Presented by Senator HATCH of Somerset. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 23 MRSA §1965, sub-§I, 1Jn-l, as enacted by PL 2001, c. 
41, §1, is amended to read: 
D-l. 
Construct, acquire, install, maintain and reconstruct 
communications 
facilities 
and 
equipment 
within 
the 
boundaries of the turnpike for the use of the authority, the 
use of others or both on such terms and condi tions as the 
authority may 
determineT-~~~~-~~--aBy--eemmQaiea~ieas 
~eweF--~~~~r--a£q~i£ee7---ia&~a~~r--~~~~--eF 
FeeeaS~FQe~ee-ey-~£~~~~~~~it~~~~~~-P~p&F~y-wi±± 
Be-se±e±y-feF-~he-ase-ef-~he-aa~heFi~y; 
• 
SUMMARY 
This bill removes the requirement that any communications 
tower built or 
acquired 
on property of 
the 
Maine 
Turnpike 
Authority be used exclusively by the Maine Turnpike Authority. 
• 
•
An Act To Encourage Financial Efficiency of Facilities for Persons with Mental Retardation
Maine Legislature, Session 121, LD 1681
Committee Amendment CA_A-HA_A_H811 (House)

HOUSE AMENDMENT "A" to COMMITTEE AMENDMENT "A" to S.P. 613, 
L.D. 
1681, Bill, "An Act To Encourage Financial Efficiency of 
Facilities for Persons with Mental Retardation" 
Amend the amendment by striking out all of the emergency 
preamble. 
Further amend the 
amendment by striking out all of the 
emergency clause. 
SUMMARY 
This 
amendment 
removes 
the 
emergency 
preamble 
and 
the 
emergency clause from the amendment. 
SPONSORED BY: 
(Representati 
TOWN: 
Saco 
HOUSE 
Page l-LR2256(5) 
AMENDMENT
An Act To Establish Harbor Master Standards and Course Requirements
Maine Legislature, Session 121, LD 1680
Committee: Transportation
Sponsors: TURNER, KOFFMAN, CLOUGH, NORBERT, ROSEN, WOODBURY
Amends: 38 MRSA §1, 38 MRSA §11

Legislative Document 
No. 1680 
S.P.612 
In Senate, December 17, 2003 
An Act To Establish Harbor Master Standards and Course 
Requirements 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Secretary of the Senate on December 16, 2003. Referred to the Committee 
on Transportation pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 218. 
Presented by Senator TURNER of Cumberland. 
Cosponsored by Representative KOFFMAN of Bar Harbor and 
JOY J. O'BRIEN 
Secretary of the Senate 
Representatives: CLOUGH of Scarborough, NORBERT of Portland, ROSEN of Bucksport, 
WOODBURY of Yarmouth. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §1, first~, as amended by PL 1999, c. 682, §6, 
is further amended to read: 
The municipal officers of a town, on request by any person 
desiring mooring privileges or regulation of mooring privileges 
for boats or vessels, shall appoint a harbor master for a term of 
not less than one year, who is subject to all the duties and 
liabilities of that office as prescribed by state law, municipal 
ordinances and regulations adopted by the municipal officers, 
municipal harbor commissioners, 
municipal port authorities or 
other such bodies empowered to regulate municipal harbors. 
The 
municipal officers shall conduct a background check prior to the 
appointment of a person as harbor master. 
The municipal officers 
may establish the harbor master' s compensation and, for cause by 
the'm declared in writing, after due notice to the officer and 
hearing, 
if requested, 
remove 
the harbor master 
and 
appoint 
another one. 
Sec. 2. 38 MRSA §l-A is enacted to read: 
§l-A. 
Harbor master training 
A person serving as harbor master or deputy harbor master 
shall complete a basic harbor master course offered by the Maine 
Harbor Masters Association or its successor organization wi thin 
one year after being appointed. 
The person shall complete an 
advanced harbor master course as soon as one is offered after the 
person has completed the basic harbor master course. 
The person 
shall complete a harbor master refresher course every 2 years. 
Sec. 3. 38 MRSA §11, sub-§4 is enacted to read: 
4. 
Harbor master. 
"Harbor master" means a person who is 
charged with the duty of enforcing the laws regulating tidal or 
navigatable waters of the State. 
SUMMARY 
This bill requires a municipality to conduct a background 
check on a person prior to appointing the person as a harbor 
master. 
This bill also requires harbor masters 
to 
complete 
harbor 
master 
courses 
offered 
by 
the 
Maine 
Harbor 
Masters 
Association or its successor organization. 
The bill also defines 
the term harbor master.
An Act To Encourage Financial Efficiency of Facilities for Persons with Mental Retardation LR22S6(03)
Maine Legislature, Session 121, LD 1681
Committee Amendment CA_B_S435 (Senate)
Amends: 22 MRSA §3174-F

COMMITTEE AMENDMENT &" to S. P. 
Act To Encourage Financial Efficiency 
with Mental Retardation" 
613, L.D. 1681, Bill, "An 
of Facilities for Persons 
Amend the bill by striking out the title and substituting 
the following: 
'An 
Act 
To 
Make 
Rules 
Reqardinq 
Payment 
to Providers 
for 
MaineCare Services Major Substantive Rules' 
Further amend the bill by striking out everything after the 
title and before the summary and inserting in its place the 
following: 
, Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §3174-FF is enacted to read: 
§3174-FF. 
Rules regarding reimbursement for Medicaid services 
Notwithstanding 
any 
other 
provision 
of 
law, 
all 
rules 
regarding 
payments 
to 
providers 
for 
MaineCare 
services, 
including, but not limited to, the rules regarding allowances for 
services set out in the department's MaineCare benefits manual, 
are major substantive rules as defined in Title 5, chapter 375, 
subchapter 2-A.' 
Page l-LR2256(3) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "..6 to S.P. 613, L.D. 1681 
SUMMARY 
This amendment replaces the bill and is a minority report of 
the 
committee. 
The 
amendment designates all rules 
regarding 
payments to providers for MaineCare services as major substantive 
rules. 
These rules are currently in Department of Human Services 
Rule 
Chapter 
101, 
MaineCare 
Benefits 
Manual, 
Chapter 
III, 
Allowances for Services. 
FISCAL ;\"OTE REQClRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 02/27/04 ;rbJ?ac:.. 
Office of Fiscal and Program Review 
LD 1681 
An Act To Encourage Financial Efficiency of Facilities for Persons with 
Mental Retardation 
LR22S6(03) 
Fiscal Note f~r Bill as ~mended by Committee Amendment "B 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Minority Report 
Fiscal Note 
Undetennined current biennium cost increase - General Fund 
Any additional administrative costs to the Department of Human Services can be absorbed by the department utilizing 
existing budgetary resources. Any additional program costs or lost "savings" resulting from delays in rulemaking 
currently in progress or assumed in current budget assuniptions cannot be determined at this time. 
LR22S6(3) - Fiscal Note - Page 1 of 1
An Act To Ensure the State's Commitment to Former Students Who Were Physically or Sexually Abused at the Governor Baxter School for the Deaf or the Maine School for the Deaf
Maine Legislature, Session 121, LD 1682
Committee: Appropriations and Financial Affairs
Sponsors: EDMONDS, BLISS, BRYANT, TREAT, USHER

Legislative Document 
No. 1682 
S.P.614 
In Senate, December 17, 2003 
An Act To Ensure the State's Commitment to Former Students Who 
Were Physically or Sexually Abused at the Governor Baxter School 
for the Deaf or the Maine School for the Deaf 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Secretary of the Senate on December 16, 2003. Referred to the Committee 
on Appropriations and Financial Affairs pursuant to Joint Rule 308.2 and ordered printed 
pursuant to Joint Rule 218. 
Presented by Senator EDMONDS of Cumberland. 
Cosponsored by Representative BLISS of South Portland and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: BRYANT of Oxford, TREAT of Kennebec, Representative: USHER of Westbrook. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 
1. 
Appropriations 
and 
allocations. 
The 
following 
appropriations and allocations are made. 
BAXTER C~ENSATION AUTHORITY 
Initiative: 
Appropriates additional funds to disperse to those 
former students who are found to have suffered physical or sexual 
abuse while they were students at and under the care of the 
Governor Baxter School for the Deaf or the Maine School for the 
Deaf. 
General Fund 
All Other 
General Fund Total 
SUMMARY 
2003-04 
$0 
$0 
2004-05 
$6,000,000 
$6,000,000 
This bill appropriates $6,000,000 to the Baxter Compensation 
Authority to disperse cash awards to those former students who 
are found to have suffered physical or sexual abuse while they 
were students at and under the care of the Governor Baxter School 
for the Deaf or the Maine School for the Deaf.
An Act To Make Retirement Benefits More Equitable by Imposing a Surcharge on Income from Congressional Retirement Benefits
Maine Legislature, Session 121, LD 1684
Committee: Taxation
Sponsors: DAVIS
Amends: 36 MRSA §5111

12lst MAINE LEGISLATURE 
Legislative Document 
No. 1684 
S.P.616 
In Senate, December 17, 2003 
An Act To Make Retirement Benefits More Equitable by Imposing a 
Surcharge on Income from Congressional Retirement Benefits 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Secretary of the Senate on December 16, 2003. Referred to the Committee 
on Taxation pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 218. 
Presented by Senator DAVIS of Piscataquis. 
JOY J. O'BRIEN 
Secretary of the Senate 
Under suspension of the rules, cosponsored by Senator STANLEY of Penobscot and 
Senators: NASS of York, SHOREY of Washington, Representatives: ANNIS of Dover-
Foxcroft, BOWLES of Sanford, BRUNO of Raymond, CARR of Lincoln, CLARK of 
Millinocket, GOODWIN of Pembroke, TARDY of Newport. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 36 MRSA §5111, sub-§6 is enacted to read: 
6. 
Surcharge 
on congressional 
retirement benefits. 
In 
addition to the tax established by this section as indexed for 
the taxable year, there is imposed a tax surcharge for a taxable 
year that begins in 2004 or later on the income of an individual 
who receives retirement benefits under the retirement plan for 
members of the Congress of the United States. 
The surcharge is 
as follows: 
A. 
On the amount of the annual benefit received under the 
plan that is $12,000 or less, the surcharge is 10%; 
B. 
On the amount of the annual benefit received under the 
plan that is between $12,000 and $24,000, the surcharge is 
1/3'l-o; and 
C. 
On the amount of the annual benefit received under the 
plan that is $24,000 or more, the surcharge is 75%. 
SUMMARY 
This bill imposes 
a 
state 
income 
tax 
surcharge 
on 
the 
benefits of members of Congress received under the congressional 
retirement plan. 
The surcharge is applied in 3 stages to take a 
progressively larger portion of the affected benefits as those 
benefits increase. 
In this regard, the surcharge is similar to 
the 3-tiered reduction to Social Security benefits under the 
windfall elimination and offset provisions of Social Security law 
for retirees who receive benefits under both Social Security and 
another public pension plan.
An Act To Make Retirement Benefits More Equitable by Imposing a Surcharge on Income from Congressional Retirement Benefits LR2238(02)
Maine Legislature, Session 121, LD 1684
Committee Amendment CA_A_S392 (Senate)

COMMITTEE AMENDMENT "A' to S.P. 616, L.D. 1684, Bill, "An 
Act To 
Make Retirement Benefits More Equitable by Imposing a 
Surcharge on Income from Congressional Retirement Benefits" 
Amend the bill in section 1 in subsection 6 by striking out 
all of the first paragraph (page 1, lines 5 to 11 in L.D.) and 
inserting in its place the following: 
'6. 
Surcharge on congressional retirement benefits. 
In 
addition to the tax established by this section as indexed for 
the taxable year, there is imposed a tax surcharge for a taxable 
year that begins in 2004, 2005 or 2006 on the retirement benefits 
received under the retirement plan for members of the Congress of 
the United States. 
The surcharge is as follows:' 
SUMMARY 
This amendment makes changes to reflect more accurately the 
way 
the 
proposal 
operates. 
The 
amendment 
also 
ends 
the 
additional tax for tax years beginning after 2006. 
FISCAL NOTE REQUIRED 
(See attached) 
Page l-LR2238(2) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 02/09/04 ;'k?'ae 
Office of Fiscal and Program Review 
LD 1684 
An Act To Make Retirement Benefits More Equitable by Imposing a 
Surcharge on Income from Congressional Retirement Benefits 
LR2238(02) 
Fiscal Note for Bill as Amended by Committee Amendment 1\ 
Committee: Taxation 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium revenue increase - General Fund 
This bill will increase income tax collections and result in an increase in General Fund revenue and an increase in 
Other Special Revenue funds transferred to the Local Government Fund for municipal revenue sharing. The amount 
of the increase can not be estimated at this time and will depend on the number of members of Congress that retire. 
LR2238(2) - Fiscal Note - Page 1 of 1
An Act To Encourage Cost Savings by State Employees LR2218(02)
Maine Legislature, Session 121, LD 1686
Committee Amendment CA_A_S409 (Senate)

COMMITTEE AMENDMENT "A, to S.P. 618, L.D. 
Act To Encourage Cost Savings by State Employees" 
1686, Bill, "An 
Amend the bill in section 1 in that part designated "§65L II 
in subsection 3 in paragraph C in the last line (page 1, line 42 
in L.D.) by striking out the following: "awards." and inserting 
in its place the following: 
'awards, and to establish fees as 
the board considers necessary to ensure timely and responsive 
assistance from all state agencies.' 
Further amend the bill in section 1 
"§65L" in subsection 
by inserting 
following: 
in that part designated 
after paragraph 
C the 
'D. 
The board has the sole and exclusive authority to make 
cash or honorary awards under the system. 
All decisions of 
the board are final and are not subject to judicial review. 
E. 
The board shall forward all suggestions to the Office of 
Program 
Evaluation 
and 
Government 
Accountability, 
as 
established by Title 3, section 991. a minimum of 2 times 
per year.' 
Further amend the bill in section 1 in that part designated 
"§651. II in subsection 5 in the 2nd line (page 1, line 50 in L. D. ) 
by 
inserting 
after 
the 
following: 
"suggestion 
that" 
the 
following: 
'is implemented and' 
Page l-LR22l8(2) 
COMMITTEE AMENDMENT 
~~. 
~. 
COMMITTEE AMENDMENT A" to S.P. 618, L.D. 1686 
Further amend the bill by inserting after section 1 
and 
before the summary the following: 
'Sec. 2. Effective date. 
This Act takes effect January 1, 2005.' 
SUMMARY 
This amendment is the majority report. 
It clarifies that 
the Employee Suggestion System Board has exclusive authority to 
make awards and all decisions are final. 
It requires the board 
to forward all suggestions to the Office of Program Evaluation 
and Government Accountability a minimum of 2 times per year. 
It 
also permits the board to establish administrative fees through 
the rule-making process. 
The amendment also adds an effective 
date of January 1, 2005. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 02117/04 frac:.. 
Office of Fiscal and Program Review 
LD 1686 
An Act To Encourage Cost Savings by State Employees 
LR2218(02) 
Fiscal Note for Bill as Amended by Committee Amendment 'A 
Committee: State and Local Government 
Fiscal Note Required: Yes 
Majority Report 
Fiscal Note 
Minor revenue increase - Other Special Revenue Fund 
Pemiitting the Employee Suggestion System Board to establish administrative fees to ensure timely and responsive 
assistance from all state agencies will result in the collection of additional revenue in an amount that can not be 
determined at this time. 
LR2218(2) - Fiscal Note - Page 1 of 1
An Act To Encourage Cost Savings by State Employees
Maine Legislature, Session 121, LD 1686
House Amendment HA_A_H765 (House)

HOUSE AMENDMENT "if" to S.P. 618, L.D. 1686, Bill, "An Act 
To Encourage Cost Savings by State Employees" 
Amend the bil1 in section 1 in that part designated "~" 
by inserting after subsection 11 the following: 
'12. 
Discrimination prohibited. 
A supervisor 
or 
other 
person in authority may not discriminate against an employee 
regarding the employee'S compensation terms. conditions. location 
or privilege of employment because the employee acting in good 
faith has suggested sayings or efficiencies under this chapter. 
The remedies available under Title 26. chapter 7. §ubchapter 5-B 
apply to a person subject to any such discrimination. I. 
SUMMARY 
This 
amendment 
adds 
a 
provision 
that 
prohibits 
discrimination 
against 
an 
employee 
who 
suggests 
savings 
or 
efficiencies in good faith under the Employee Suggestion System 
and, if discrimination occurs, provides remedies available under 
the Whistleblowers ' Protection Act. 
., 
SPONSORED BY: ,\i l-~L 
(Representative SAMP 
N) 
TOWN: 
Auburn 
i 
v 
,1 
/\J{~J1!}~ 
HOUSE AMENDMENT
An Act To Protect the Privacy of Home Information of Maine State Retirement System Members, Benefit Recipients, Trustees and Staff
Maine Legislature, Session 121, LD 1687
Committee: Labor
Sponsors: EDMONDS
Amends: 5 MRSA §17057

Legislative Document 
No. 1687 
S.P.619 
In Senate, December 17, 2003 
An Act To Protect the Privacy of Home Information of Maine State 
Retirement System Members, Benefit Recipients, Trustees and Staff 
Submitted by the Maine State Retirement System pursuant to Joint Rule 204. 
Received by the Secretary of the Senate on December 16, 2003. Referred to the Committee 
on Labor pursuant to Joint Rule 308.2 and ordered plinted pursuant to Joint Rule 401. 
Presented by Senator EDMONDS of Cumberland. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §17057, sub-§3 is enacted to read: 
3. 
HOme contact information. 
Records in the possession of 
the retirement system of home addresses. home telephone numbers. 
home facsimile transmission numbers or home e-mail addresses of 
retirement system members. 
benefit recipients. staff members. 
board members 
or nontrustee members 
of board committees 
are 
confidential. 
are not open to public inspection and are not 
considered public records as defined in Title It section 402. 
subsection 3. 
SUMMARY 
This bill provides that records in the possession of the 
Maine 
State 
Retirement 
System 
containing 
home 
contact 
information, such as home addresses and telephone numbers, of its 
members, 
benefit recipients, 
trustees, 
nontrustee 
members 
of 
board committees and staff are confidential and not subject to 
disclosure as a public record. 
Page l-LR2596(1)
An Act To Provide Reciprocal Authority to New Hampshire Marine Patrol Officers To Investigate Potential Terrorist Activities in Maine Waters
Maine Legislature, Session 121, LD 1689
Committee: Marine Resources
Sponsors: DAMON, BULL
Amends: 12 MRSA §6025-A

Legislative Document 
No. 1689 
S.P.621 
In Senate, December 17, 2003 
An Act To Provide Reciprocal Authority to New Hampshire Marine 
Patrol Officers To Investigate Potential Terrorist Activities in Maine 
Waters 
Submitted by the Department of Marine Resources pursuant to Joint Rule 204. 
Received by the Secretary of the Senate on December 16, 2003. Referred to the Committee 
on Marine Resources pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 
401. 
Presented by Senator DAMON of Hancock. 
Cosponsored by Representative BULL of Freeport. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §6025-A is enacted to read: 
§6025-A. 
Bew Hampshire marine patrol 
A member of the New Hampshire marine patrol who, 
in the 
course of patrolling the waters of the Piscatagua River 
or 
Portsmouth Harbor, observes activity that the officer reasonably 
suspects 
may 
result in loss 
of life, 
widespread 
injury or 
widespread and severe property damage has authority to enter 
Maine 
and has the 
same authority to investigate, detain and 
execute an arrest as a 
Maine marine patrol officer. 
When 
a 
member of the New Hampshire marine patrol is engaged in Maine in 
carrying out the purpose of this subsection, that member has all 
the Same privileges as Maine marine patrol officers in addition 
to privileges available under New Hampshire law. 
Sec. 2. Contingent effective date; reciprocal legislation. 
This Act 
takes effect when the Maine Commissioner of Marine Resources 
certifies to the Secretary of State and submits a copy of that 
certification to the Office of the Revisor of Statutes that the 
State of New Hampshire has enacted law that is substantially the 
same as the Maine Revised Statutes, Title 12, section 6025-A as 
enacted in this Act 
and gives reciprocal authority to Maine 
marine patrol officers. 
SUMMARY 
This bill gives New Hampshire marine patrol officers the 
authority to investigate potential terrorist activities in Maine 
waters in the Piscataqua River or Portsmouth Harbor. 
This bill 
takes effect when reciprocal authority is granted to the Maine 
marine 
patrol officers, 
in order that. they 
may 
investigate 
potential terrorist activities in New Hampshire waters. 
Page l-LR2614(l)
An Act To Authorize the STARBASE Program
Maine Legislature, Session 121, LD 1690
Committee: Legal and Veterans Affairs
Sponsors: DOUGLASS
Amends: 37-B MRSA §3

Legislative Document 
No. 1690 
S.P.622 
In Senate, December 17, 2003 
An Act To Authorize the STARBASE Program 
Submitted by the Department of Defense, Veterans and Emergency Management pursuant 
to Joint Rule 204. 
Received by the Secretary of the Senate on December 16, 2003. Referred to the Committee 
on Legal and Veterans Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401. 
Presented by Senator DOUGLASS of Androscoggin. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 37-B MRSA §3, sub-§I. 1lD, as amended by PL 2003, c. 
404, §2, is further amended by adding a new subparagraph (16) to 
read: 
(16) 
The Adjutant General may establish a 
science, 
mathematics 
and 
technology 
education 
improvement 
program known as the STARBASE Program and referred to 
in this subparagraph as "the program." 
The Adjutant 
General 
may 
accept financial assistance 
and in-kind 
assistance, 
advances, 
loans, 
grants, 
gifts, 
contributions and other forms of financial assistance 
from the Federal Government or other public body or 
from other sources, public or private. 
In order to 
operate the program the Adjutant General may: 
(a) 
Directly 
contract 
with 
or 
enter 
into 
memoranda of agreement with the Federal Government 
or its instrumentalities or agencies, the State or 
its 
agencies 
or 
instrumentalities 
or 
municipalities, 
public 
bodies, 
private 
corporations, 
partnerships, 
associations 
and 
individuals to operate the program; or 
(b) 
Employ a director and such other employees, 
permanent or temporary, 
as the Adjutant General 
considers appropriate, who serve at the pleasure 
of the Adjutant General and are not subject to the 
Civil Service Law. 
Sec. 
2. 
Appropriations 
and 
allocations. 
The 
following 
appropriations and allocations are made. 
DEFElISE, VETERANS AND EMERGEliCY MANAGEMENT, 
DEPAR7MEBT OF 
STARBASE Program 
Initiative: 
Provides working capital to operate the 
STARBASE 
Program. 
Genera1 Fund 
All Other 
General Fund Total 
2003-04 
$0 
$0 
2004-05 
$20,000 
$20,000 
Sec. 3. Retroactivity. 
That section of this Act that amends 
the Maine Revised Statutes, Title 37-B, section 3, subsection 1, 
paragraph D applies retroactively to September 1, 2001. 
SUMMARY 
In 
1993, 
the 
United 
States 
Congress 
authorized 
the 
"Department of 
Defense 
STARBASE 
Program" 
and 
authorized 
the 
Department of Defense to enter into agreements with the states 
for the purpose of conducting programs designed to improve the 
knowledge 
and skills of students in mathematics, 
science and 
technology. 
This bill authorizes the establishment of a STARBASE 
program in this State.
An Act To Enhance Pine Tree Development Zones
Maine Legislature, Session 121, LD 1692
Committee Amendment CA_A-HA_A_H831 (House)
Committee: Bills in the Second Reading to number the section to read consecutively with existing law
Amends: 35-A MRSA §3210-B

HOUSE AMENDMENT "~,, to COMMITTEE AMENDMENT "A" to S.P. 624, 
L.D. 1692, Bill, "An Act To Enhance Pine Tree Development Zones" 
Amend the amendment in section 2 by striking out all of the 
first 2 lines (page 2, lines 28 to 30 in amendment) and inserting 
in their place the following: 
'Sec. 2. 35-A MRSA §3210-B is enacted to read: 
§32l0-B. 
Electric utility and conservation benefits' 
SUMMARY 
This amendment is being presented on behalf of the Committee 
on Bills in the Second Reading to number the section to read 
consecutively with existing law. 
SPONSORED BY: 
(Representative RINES) 
TOWN: 
Wiscasset 
Page l-LR2622(5) 
HOUSE AMENDMENT
An Act To Enhance Pine Tree Development Zones
Maine Legislature, Session 121, LD 1692
Committee: Business, Research and Economic Development
Sponsors: HALL, BLISS, BROMLEY, BERUBE, DUPREY, JACOBSEN, RECTOR, ROGERS, SMITH
Amends: 30-A MRSA §5248, 35-A MRSA §3208

Legislative Document 
No. 1692 
S.P.624 
In Senate, December 17, 2003 
An Act To Enhance Pine Tree Development Zones 
Submitted by the Department of Economic and Community Development pursuant to Joint 
Rule 204. 
Received by the Secretary of the Senate on December 16, 2003. Referred to the Committee 
on Business, Research and Economic Development pursuant to Joint Rule 308.2 and ordered 
printed pursuant to Joint Rule 401. 
Presented by Senator HALL of Lincoln. 
Cosponsored by Representative BLISS of South Portland and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senator: BROMLEY of Cumberland, Representatives: BERUBE of Lisbon, DUPREY of 
Medway, JACOBSEN of Waterboro, RECTOR of Thomaston, ROGERS of Brewer, SMITH 
of Monmouth. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 30-A MRSA §5248, sub-§5, as enacted by PL 2003, c. 
451, Pt. NNN, §2, is amended to read: 
5. 
Amendments. 
A participating unit of local government 
may 
amend 
the 
designation of 
that portion of 
a 
Pine 
Tree 
Development Zone contained within its boundaries 
at-~-aElap1;eEl 
Eleve~apffieB~--plaR only after meeting the requirements of this 
section for designation of 
a 
Pine Tree 
Development 
Zone 
at 
aElep1;~aR-~--a-4eve~eFffi€R~-~~-aREl-~~~-~~-€eR€~££eR€e-~-all 
a1;Ret-~~~~~~~-~»~~&-e~--~~-~aVetRffieR1;. 
A participating 
unit of local government may not amend the designation of a Pine 
Tree Development Zone if the amendment would result in the zone's 
being out of compliance with any of the requirements in section 
5247. 
Sec. 2. 35-A MRSA §3208, sub-§7-A is enacted to read: 
7-A. 
Exemption from stranded cost. 
A business certified as 
a 
qualified 
Pine 
Tree 
Development 
Zone 
business 
by 
the 
Commissioner of Economic and Community Development under Title 
30-A is exempt from the stranded cost portion of their utility 
~ 
This subsection is repealed December 31, 2018. 
SUMMARY 
This 
bill 
exempts 
a 
business 
that 
is 
certified 
as 
a 
qualified Pine Tree Development Zone business from the stranded 
cost portion of the business's utility bill. 
The bill also 
requires only town meeting approval for amendments to a Pine Tree 
Development Zone in the affected town and removes the requirement 
of town meetings for changes in the Pine Tree Development Zone's 
development plan.
An Act To Improve the Property Boundary Marking Laws for Purposes of Timber Harvesting
Maine Legislature, Session 121, LD 1693
Committee Amendment CA_A-SA_A_S393 (Senate)

MAINE STATE LEGISLATURE 
The following document is provided by the 
LAW AND LEGISLATIVE DIGITAL LIBRARY 
at the Maine State Law and Legislative Reference Library 
http://legislature.maine.gov/lawlib 
Reproduced from scanned originals with text recognition applied 
(searchable text may contain some errors and/or omissions) 
/ 
I' 
DATE: 
L.D. 1693 
LUKIUA.':1 J!.,U LU!"l' 
February 24, 2004 
(Please destroy any copy 
that does Not have the notation 
"Corrected Copy") 
(Filing No. S-~~~ 
Reproduced and distributed under the direction of the Secretary 
of the Senate. 
SENATE 
l2lST LEGISLATURE 
SENATE 
AMENDMENT "A to COMMITTEE 
AMENDMENT 
"A" to S . P . 
625, L.D. 1693, Bill, "An Act To Improve the Property Boundary 
Marking Laws for Purposes of Timber Harvesting" 
Amend the amendment in section 1 in that part designated 
"~..lL" in subsection 3 in paragraph B in the last line (page 2, 
line 36 in amendment) by striking out the following: "and" 
Further 
9JTIend 
the 
amendment 
in section 
in that part 
designated "§2511." in subsection 3 in paragraph C in the last 
line 
(page 
2, 
line 
in 
amendment) 
by 
striking out 
the 
following: 
"~merg~n!;;i~s." 
and 
inserting 
in 
its 
place 
the 
following: 
'~mergen!;;i~s; and' 
Further 
amend 
the 
amendment 
in section 
in that part 
designated "§2511." in subsection 3 by inserting after paragraph 
C the following: 
'D. 
Timber harvesting performed on a parcel of land that is 
acres or less.' 
This amendment 
performed 
SPONSORED BY: 
(Senator BRYANT) 
COUNTY: 
Oxford 
SENATE 
SUMMARY 
for timber harvesting 
acres or less. 
Page l-LR2492(4) 
AMENDMENT
An Act To Ensure Compliance with Federal Medicaid Requirements
Maine Legislature, Session 121, LD 1695
Committee: Health and Human Services
Sponsors: DAGGEIT, CRA YEN, BRENNAN, MAYO
Amends: 22 MRSA §13, 22 MRSA §42

Legislative Document 
No. 1695 
S.P.627 
In Senate, December 17, 2003 
An Act To Ensure Compliance with Federal Medicaid Requirements 
Submitted by the Department of Human Services pursuant to Joint Rule 204. 
Received by the Secretary of the Senate on December 16, 2003. Referred to the Committee 
on Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401. 
Presented by President DAGGEIT of Kennebec. 
Cosponsored by Representative CRA YEN of Lewiston and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: BRENNAN of Cumberland, MAYO of Sagadahoc, Representative: W ALCOIT of 
Lewiston. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 22 MRSA §13, sub-§6, ,B, as enacted by PL 2003, c. 
419, §l, is amended to read: 
B. 
Notwithstanding 
paragraph 
A, 
the 
department 
may 
terminate or suspend the participation of a provider in the 
MaineCare 
program 
iB--l~e~--~--~~--~aG~~--EiBa± 
ae~e~ffiiBa~ieB-~~~~-a~-eve~paYffieB~-~-19B~-a£--~-aay6~ 
Be~iee-i6-~iveB pursuant to federal and state guidelines. 
Sec. 2. 22 MRSA §13, sub-§6,'C is enacted to read: 
C. 
For the purposes of this subsection, "overpayment" does 
not include an overestimate made as part of a prospective 
interim payment, 3rd-party liability recovery, departmental 
administrative error or receivership fees or debt. 
Sec. 3. 22 MRSA §42, sub-§7, ,H, as enacted by PL 2003, c. 
419, §2, is amended to read: 
H. 
In 
an 
administrative 
appeal 
of 
an 
informal 
review 
decision under this subsection, 
the department bears the 
burden 
of 
proving 
a 
violation 
of 
law 
or 
rule 
by 
a 
preponderance of the evidence. 
If the department proves 
that 
records 
of 
goods 
or 
services 
are 
defective, 
the 
department 
may 
impose 
~Be 
a 
penalty 
or 
sanction 
eEL 
including total recoupment. 
Total recoupment is warranted 
only when 
the provider has 
failed to 
demonstrate 
by 
a 
preponderance of the evidence that the disputed goods or 
services 
were 
actually 
provided 
to 
eligible 
MaineCare 
members. 
SUMMARY 
This 
bill 
clarifies 
that 
for 
purposes 
of 
recovering 
overpayments 
to 
providers 
under 
the 
MaineCare 
program, 
overpayments 
do 
not 
include 
overestimates 
made 
as 
part 
of 
prospective 
interim 
payments, 
3rd-party 
liability 
recovery, 
departmental administrative error or receivership fees or debt. 
The bill also clarifies that if the Department of Human Services 
proves that records of goods or services are defective, it may 
impose a penalty or sanction, which may include total recoupment. 
Page l-LR264l(1)