An Act To Amend the Laws Governing the Maine Developmental Disabilities Council
Maine Legislature, Session 121, LD 1099
Committee: Health and Human Services
Sponsors: BROMLEY, DUDLEY, DAGGETT, EDMONDS, COLWELL, LAVERRIERE-BOUCHER, MARLEY, WALCOTT
Amends: 5 MRSA §12004, 34-B MRSA §1611

12lst MAINE LEGISLATURE 
Legislative Document 
No. 1099 
S.P.371 
In Senate, March 4, 2003 
An Act To Amend the Laws Governing the Maine Developmental 
Disabilities Council 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Senator BROMLEY of Cumberland. 
Cosponsored by Representative DUDLEY of Portland and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: President DAGGETT of Kennebec, EDMONDS of Cumberland, Representatives: 
Speaker COLWELL of Gardiner, LAVERRIERE-BOUCHER of Biddeford, MARLEY of 
Portland, WALCOTT of Lewiston. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 5 MRSA §12004.I, sub·§66, as amended by PL 1993, c. 
600, Pt. A, §5, is further amended to read: 
66. 
Maine 
Expenses 
Mental Health Developmental Only 
and Mental 
Disabilities 
Retardation 
Council 
34-B MRSA 
§1611 
§1700l 
Sec. 2. 34·B MRSA §1211. as amended by PL 200L c. 25, §L is 
repealed. 
Sec. 3. 34·B MRSA c.17 is enacted to read: 
CHAPTER 17 
DEVELOPMENTAL DISABILITIES 
§1700l. 
Maine Developmental Disabilities Council 
1. 
Establishment. 
The 
Maine 
Developmental 
Disabilities 
Council, 
referred to 
in this 
section as 
"the 
council," 
is 
established as authorized by Title 5, section 12004-1, subsection 
and 
in 
accordance 
with 
the 
Developmental 
Disabilities 
Assistance and Bill of Rights Act of 2000, Public Law 106-402. 
2. 
Status. 
The council is a public instrumentality of the 
State, and the exercise of the power conferred by this section is 
the performance of essential governmental functions. 
The council 
may not be considered a state agency for any purposes, including, 
but not limited to, budgeting, accounts and control, auditing and 
purchasing. 
3. 
Appointments. Appointments to the council are governed 
as follows. 
A. 
The Governor shall appoint appropriate representatives 
to 
the 
counciL 
as 
required 
under 
the 
Developmental 
Disabilities Assistance and Bill of Rights Act of 2000, upon 
consideration of recommendations made by current members of 
the council. 
B. 
The Governor shall appoint a current Legislator to serve 
as 
a 
member 
of 
the 
council 
upon 
consideration of 
the 
recommendations made by current members of the council. 
4. 
Duties. 
The 
council 
shall 
perform 
its 
duties 
1n 
compliance 
with 
the 
requirements 
of 
the 
Developmental 
Disabilities Assistance and Bill of Rights Act of 2000. 
Page l-LR0864(1) 
5. 
Designated 
state 
agency. 
In 
accordance 
with 
the 
Developmental Disabilities Assistance and Bill of Rights Act of 
2000, the State shall identify an agency to act as the designated 
state agency to provide support for the council. 
The designated 
state agency must meet all reg:uirements specified in 42 United 
States Code, Section 15025. 
6. 
COuncil personnel and members. 
As of the effective date 
of this section: 
A. 
All employees assigned to the council who state that 
they wish to continue as employees of the council must be 
transferred 
from 
state 
employment 
to 
employment 
of 
the 
council in its capacity as an independent advisory agency; 
B. 
Aq;rued 
fringe 
benefits 
from 
stgte 
gmplQyment 
Qf 
transfgrred 
personnel, 
including, 
but 
nQt 
limited 
to, 
vacation and 
sick 
leave, 
health and lifg insurgnce 
and 
retirement 
credits, 
remain 
available 
to 
the 
transferred 
personnel; 
C. 
Members and employees of the council are not considered 
state employegs for the purpose of the stgtg civil service 
provisions of Title 5, Part 2 and chapter 372 or for any 
other purpose except as follows. 
(1) 
Employees 
of 
the 
council, 
including 
employees 
hired after the effective date of this section, are 
deemed state employees for the purposes of the state 
retirement provisions of Title 5, Part 20 and the state 
employee 
health 
insurance 
program 
under 
Title 
5, 
chapter 13, subchgpter 2. 
( 2} 
For purposes of the Maine Tort Claims Act, 
the 
council 
is 
deemed 
a 
governmental 
entity 
and 
its 
employees 
and members are deemed emplQyees 
as 
those 
terms are defined in Title 14, section 8102, and 
D. 
An 
employee 
of 
the 
council 
may 
return 
to 
state 
employment at any time up to 2 years from the effective date 
of this section. 
Employees expressing such 
a 
preference 
must be placed on the appropriate registers maintained by 
the Department of Administrative 
and Financial Services, 
Bureau of Human Resources and must be treated as though on 
recall 
in 
accordance 
with 
current 
collective bargaining 
provisions. 
SUMMARY 
This bill establishes the Maine Developmental Disabilities 
Council as a public instrumentality of the State and clarifies 
the relationship between State Government and the council and 
State Government and council staff.