pem207/maine-bills huggingface dataset:
An Act To Ensure That Title Applications are Timely Delivered
Maine Legislature, Session 121, LD 0290
Committee: Transportation
Sponsors: O'NEIL, MAYO, CANA VAN, PERRY, SNOWE-MELLO, VAUGHAN, WOODBURY, YOUNG, ROTUNDO

Legislative Document 
No. 290 
H.P.233 
House of Representatives, January 28,2003 
An Act To Ensure That Title Applications are Timely Delivered 
Reference to the Committee on Transportation suggested and ordered printed. 
Presented by Representative O'NEIL of Saco. 
Cosponsored by Senator MAYO of Sagadahoc and 
711~ 
fr1.1T/dC~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CANA VAN of Waterville, PERRY of Calais, SNOWE-MELLO of Poland, 
VAUGHAN of Durham, WOODBURY of Yarmouth, YOUNG of Limestone, Senator: 
ROTUNDO of Androscoggin. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 29·A MRSA §603, sub.§4, as enacted by PL 1993, c. 683, 
Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
4. 
Penalties. 
If an application, certificate of title or 
other document required to be delivered to the Secretary of State 
is not delivered to the Secretary of State within 20 days, the 
Secretary of State shall collect. as a penalty, an amount equal 
to the fee required for the transaction. 
If a dealer fails to 
deliver an application to the Secretary of State in accordance 
with section 654, 
subsection 2, 
the dealer shall pay to the 
Secretary of State, 
as 
an 
additional penalty for 
each 
such 
failure, the sum of $250, plus an additional $100 for every 10 
days that the dealer fails to deliver the application, and shall 
pay actual damages to the lienholder. 
SUMMARY 
Under the Maine Revised Statutes, Title 11, section 9-1317, 
subsection 5 and section 9-1324, subsection 1, if a lender loans 
money for the purchase of a motor vehicle, the lender must ensure 
that the motor vehicle is covered by 
a 
certificate of title 
within 20 days of the purchase in order to have priority over 
other claims to the vehicle. 
The vehicle becomes covered by a 
certificate of title only 
when 
a 
valid application and 
the 
applicable fee are delivered to the Secretary of State. 
Current 
law requires motor vehicle dealers to deliver applications for 
ti tIe to purchased vehicles to the Secretary of State wi thin 20 
days in order to ensure that lenders' liens or security interests 
are protected. 
Some dealers fail to comply with this 20-day time 
period, 
thereby putting lenders at risk. 
This bill penalizes 
those 
dealers 
by 
imposing 
an 
initial 
$250 
penalty, 
with 
additional penalties for continued failure to comply with the 
law, 
and 
requ~r~ng restitution 
to 
lenders 
whose 
liens 
are 
affected by the dealer's failure to comply with the law.
An Act To Ensure That Title Applications are Timely Delivered LR 1113(02)
Maine Legislature, Session 121, LD 0290
Committee Amendment CA_A_H242 (House)
Amends: 29-A MRSA §603

COMMITTEE AMENDMENT "4,, to H.P. 233, L.D. 290, Bill, 
Act To Ensure That Title Applications are Timely Delivered" 
"An 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 29-A MRSA §603, sub-§4, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
4. 
Penalty. 
If an application, certificate of title or 
other document required to be delivered to the Secretary of State 
is not delivered to the Secretary of State within 20 days, the 
Secretary of State shall collect T 
$125 as a penaltYT--an--aHlel:lBt: 
e~l:la~-t:e-t:ge-~ee-~e~l:l~~ee-~e~-t:ge-t:~aBsaet:~eB.' 
SUMMARY 
This amendment replaces the bill. 
The amendment allows the 
Secretary of State to collect a $125 penalty if an application, 
certificate of title or other document required to be delivered 
to the Secretary of State is not delivered to the Secretary of 
State within 20 days. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Net Cost (Savings) 
Highway Fund 
Revenue 
Highway Fund 
Fiscal Detail and Notes 
Approved: 04/28/03 ;tv'ae 
12lst Maine Legislature 
Office of Fiscal and Program Review 
LD290 
An Act To Ensure That Title Applications are Timely Delivered 
LR 1113(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Transportation 
Fiscal Note Required: Yes 
Fiscal Note 
2003-04 
($34,013) 
$34,013 
2004-05 
($45,350) 
$45,350 
Projections 
2005-06 
($45,350) 
$45,350 
Projections 
2006-07 
($45,350) 
$45,350 
Changing the penalty for the late filing of motor vehicle title applications will increase Highway Fund revenues 
collected by the Bureau of Motor Vehicles within the Department of the Secretary of State. The estimated revenue 
increases are $34,013 and $45,350 in fiscal years 2003-04 and 2004-05, respectfully. 
LRll13(2) - Fiscal Note - Page 1 of 1
An Act To Provide Parity in Lending by State-chartered Lenders LR 1114(02)
Maine Legislature, Session 121, LD 0291
Committee Amendment CA_A_H32 (House)

AMENDMENT "n· to H.P. 234, L.D. 291, Bill, 
Parity in Lending by State-chartered Lenders" 
Amend the bill by striking out all of section 2. 
"An 
Further amend the bill by relettering 
nonconsecutive 
Part 
letter 
or 
section 
consecutively. 
or renumbering any 
number 
to 
read 
SUMMARY 
This amendment retains the provision of law allowing a late 
or 
delinquency 
charge 
to 
be 
assessed 
on 
a 
consumer 
credit 
transaction. 
FISCAL NOTE REQUIRED 
(See attached) 
Page l-LRl114(2) 
COMMITTEE AMENDMENT 
Approved: 03/12/03 ~ae 
Office of Fiscal and Program Review 
LD291 
An Act To Provide Parity in Lending by State-chartered Lenders 
LR 1114(02) 
Fiscal Note for Bill as Amended by Committee Amendment 
Committee: Insurance and Financial Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
LRII14(2) - Fiscal Note - Page 1 of 1
An Act To Require Additional Driving Time and a 30-day Waiting Period for Retesting Minors Who Fail Their Driver's Exams
Maine Legislature, Session 121, LD 0293
Committee: Transportation
Sponsors: COURTNEY, NASS, CLOUGH, COLLINS, FLETCHER, HEIDRICH, LANDRY, CARPENTER
Amends: 29-A MRSA §1302

Legislative Document 
No. 293 
H.P.236 
House of Representatives, January 28,2003 
An Act To Require Additional Driving Time and a 30-day Waiting 
Period for Retesting Minors Who Fail Their Driver's Exams 
Reference to the Committee on Transportation suggested and ordered printed. 
Presented by Representative COURTNEY of Sanford. 
Cosponsored by Senator NASS of York and 
7r/~ 
/J7.1i/t2C~ 
MILLICENT M. MacFARLAND 
Clerk 
Representati ves: CAMPBELL of Newfield, CLOUGH of Scarborough, COLLINS of Wells, 
FLETCHER of Winslow, HEIDRICH of Oxford, LANDRY of Sanford, McCORMICK of 
West Gardiner, Senator: CARPENTER of York. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 29-A MRSA §1302, sub-§3 is enacted to read: 
3. 
Waiting period for failure to pass road test. 
A minor 
who fails to pass a road test shall wait at least 30 days before 
being reexamined and shall complete 5 additional hours of driving 
while accompanied by a parent, guardian or licensed driver who is 
at least 20 years of age. 
SUMMARY 
This bill requires a waiting period of 30 
days and the 
completion of 5 additional hours of supervised driving before a 
person under 18 years of age may retake a road test.
An Act To Provide Parity in Lending by State-chartered Lenders
Maine Legislature, Session 121, LD 0291
Committee: Insurance and Financial Services
Sponsors: O'NEIL, MAYO, CANAVAN, DUPREY, PERRY, SNOWE-MELLO, WOODBURY, YOUNG
Amends: 9-A MRSA §2

Legislative Document 
No. 291 
H.P.234 
House of Representatives, January 28, 2003 
An Act To Provide Parity in Lending by State-chartered Lenders 
Reference to the Committee on Insurance and Financial Services suggested and ordered 
printed. 
Presented by Representative O'NEIL of Saco. 
Cosponsored by Senator MAYO of Sagadahoc and 
7J1~/h·17I~~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CANAVAN of Waterville, DUPREY of Medway, PERRY of Calais, 
SNOWE-MELLO of Poland, WOODBURY of Yarmouth, YOUNG of Limestone. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 9-A MRSA §2-501, sub-§I, 1fG, as amended by PL 1997, c. 
94, §l, is repealed and the following enacted in its place: 
G. 
Delinquency charges 
under section 2-502 
and deferral 
charges under section 2-503. 
Sec. 2. 9-A MRS A §2-501, sub-§4, 1[E, as enacted by PL 1995, c. 
137, §5, is repealed. 
Sec. 3. 9-A MRSA §2-502. sub-§I. as amended by PL 1999, c. 
184, §4, is further amended to read: 
1. 
Wi~a---~--~~--a--~~~--~~---e~eai~ 
~~aasae~ieaT-~-£~~~ffi€~--~ea&e-~--a--~~~~B&-~~--e~eai~ 
~~aasae~iea-~aa~-~£-~-~~~-~~~-G~~~-aae-~aa~ 
is-~~-ea~y-~-aa--~~~-4a-~~~-e6~ateT-~~-Fa~~4es A 
creditor may contract for and receive a delinquency charge on any 
outstanding, 
unpaid 
installment 
payment 
or 
portion 
of 
such 
payment 
due 
under 
a 
consumer 
credit transaction or 
open-end 
credit plan not paid in full wi thin 15 days after its scheduled 
or deferred due date in an amount not exceeding the greater of: 
A. 
An amount, not exceeding $10, waiea that is 50b of the 
unpaid amount of the installment; or 
B. 
The 
deferral 
charge, 
section 
2-503, 
that 
would 
be 
permitted to defer the unpaid amount of the installment for 
the period that it is delinquent. 
SUMMARY 
Under current law, state-chartered lenders can assess fees 
on 
delinquent 
accounts 
only 
if 
the 
delinquent 
account 
is 
precomputed with respect to interest, is a 
consumer lease or 
credit card account or is a 
fixed rate, closed-end mortgage. 
This bill permits Maine lenders to assess late fees 
for all 
consumer credit transactions, subject to the restrictions as set 
forth in the Maine Revised Statutes, Title 9-A, section 2-502, to 
place them on a more equal footing with out-of-state lenders. 
Page l-LRll14(l)
An Act To Support Individuals With Developmental Disabilities Who Have Been Physically or Sexually Abused
Maine Legislature, Session 121, LD 0292
Committee: Appropriations and Financial Affairs
Sponsors: LERMAN, MAKAS, PINGREE

Legislative Document 
No. 292 
H.P.235 
House of Representatives, January 28,2003 
An Act To Support Individuals With Developmental Disabilities 
Who Have Been Physically or Sexually Abused 
Reference to the Committee on Appropriations and Financial Affairs suggested and ordered 
printed. 
Presented by Representative LERMAN of Augusta. 
!7/~ 
/J7·771dC~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: MAKAS of Lewiston, PINGREE of North Haven, 
W ALCOTT of Lewiston. 
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. 
BEHAVIORAL AND DEVELOPMENTAL SERVICES, DEPARTMENT OF 
Mental Retardation Services -
Community 0122 
Initiative: 
Provides 
funds 
for the support of people with 
developmental disabilities who have been physically or sexually 
abused. 
General Fund 
All Other 
SUMMARY 
2003-04 
$200,000 
2004-05 
$200,000 
This bill appropriates 
funds 
to 
the 
Mental 
Retardation 
Services -
Community program within the Department of Behavioral 
and 
Developmental 
Services 
for 
the 
support 
of 
people 
with 
developmental disabilities who have been physically or sexually 
abused. 
Page l-LR0887(1)
An Act to Ensure that Property or Casualty Insurance Companies Can Not Deny Policy Owners Who have Foster Children in Their Care
Maine Legislature, Session 121, LD 0294
Committee: Insurance and Financial Services
Sponsors: BUNKER, STANLEY, LA VERRIERE-BOUCHER, O'NEIL, PERRY
Amends: 24-A MRSA §2174-C

Legislative Document 
No. 294 
H.P.237 
House of Representatives, January 28,2003 
An Act to Ensure that Property or Casualty Insurance Companies 
Can Not Deny Policy Owners Who have Foster Children in Their 
Care 
Reference to the Committee on Insurance and Financial Services suggested and ordered 
printed. 
17/~/h·mtU:~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative BUNKER of Kossuth Township. 
Cosponsored by Senator STANLEY of Penobscot and 
Representatives: LA VERRIERE-BOUCHER of Biddeford, O'NEIL of Saco, PERRY of 
Calais. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 24-A MRSA §2174-C is enacted to read: 
§2174-C. 
Insurance discrimination against foster parents 
An 
insurer 
authorized 
to 
transact property 
or 
casualty 
insurance business in this State may not refuse to insure, limit 
the amount, extent or kind of coverage available to an individual 
or charge an individual a 
rate different from that normally 
charged for the 
same 
coverage solely because the insured or 
applicant for 
insurance is 
a 
foster parent licensed by the 
Department of Human Services. 
SUMMARY 
This bill prohibits property and casualty insurers 
from 
refusing to insure, restricting the amount of coverage available 
or charging different premiums solely because the insured is a 
foster parent.
An Act To Revise the Laws Regulating Boarding Homes
Maine Legislature, Session 121, LD 0295
Committee: Health and Human Services
Sponsors: LA VERRIERE-BOUCHER, ROTUNDO, BOWLES, CANAVAN, DUDLEY, MAKAS, O'BRIEN, PINGREE, SULLIV AN, TWOMEY

Legislative Document 
No. 295 
H.P.238 
House of Representatives, January 28,2003 
An Act To Revise the Laws Regulating Boarding Homes 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
17/~ 
1I1.1Jl0£~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative LA VERRIERE-BOUCHER of Biddeford. 
Cosponsored by Senator ROTUNDO of Androscoggin and 
Representatives: BOWLES of Sanford, CANAVAN of Waterville, DUDLEY of Portland, 
MAKAS of Lewiston, O'BRIEN of Lewiston, PINGREE of North Haven, SULLIV AN of 
Biddeford, TWOMEY of Biddeford. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
CONCEPT DRAFT 
SUMMARY 
This bill is a concept draft pursuant to Joint Rule 208. 
This bill proposes to revise regulations for boarding homes 
in order to encourage the availability of this type of housing. 
Currently, regulations for boarding homes may be so strict as to 
discourage the establishment of new boarding homes. 
Page l-LR0726(1)
An Act To Amend the Abortion Reporting Laws To Eliminate Immunity for a Physician Who Reports Data on an Abortion
Maine Legislature, Session 121, LD 0299
Committee: Judiciary
Sponsors: GLYNN, DUPREY
Amends: 22 MRSA §1596

Legislative Document 
No. 299 
H.P.242 
House of Representatives, January 28, 2003 
An Act To Amend the Abortion Reporting Laws To Eliminate 
Immunity for a Physician Who Reports Data on an Abortion 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representative GLYNN of South Portland. 
Cosponsored by Representative: DUPREY of Hampden. 
Printed on recycled paper 
7r/~ 
/J1.1ibc~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §1596, sub-§2, as repealed and replaced by PL 
1989, c. 274, §1, is amended to read: 
2. 
Abortion reports. 
A report of each abortion performed 
shall ~ 
be made to the Department of Human Services on forms 
prescr ibed by the department. These report forms shall may not 
identify the patient by name or otherwise and shall may contain 
only the information requested on the United States Standard 
Report of Induced Termination of Pregnancy, 
published by the 
National Center for Health Statistics, dated January 1978, or any 
more recent revision of a standard report form. 
The 
form containing that information and data shall must be 
prepared and signed by the attending physician and transmitted to 
the department not later than 10 days following the end of the 
month in which the abortion is performed. 
A-~~~-whe--~~r~&-~~-eB-~-aBe~~~e~--p~r&~a&~-~~-~hi6 
see~ieB-~~~-~-imm~Be--~~-~--eFimiBa±--~~~~~~-~~--~Rat 
aseF~ieB-~BaeF-see~ieB-l§98T 
SUMMARY 
This bill eliminates the 
from 
criminal liability for 
reports data on that abortion. 
provision that 
an 
abortion to 
provides immunity 
a 
physician who
An Act Regarding the Licensing of Foresters
Maine Legislature, Session 121, LD 0296
Committee: Business, Research and Economic Development
Sponsors: McKEE, TREAT, SA VIELLO, SMITH, SULLIVAN
Amends: 32 MRSA §5515

Legislative Document 
No. 296 
H.P.239 
House of Representatives, January 28, 2003 
An Act Regarding the Licensing of Foresters 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Representative McKEE of Wayne. 
Cosponsored by Senator TREAT of Kennebec and 
77l~ 
111.71/ac~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: SA VIELLO of Wilton, SMITH of Monmouth, SULLIVAN of Biddeford. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 32 MRSA §5515, sub-§8. as enacted by PL 2001, c. 261, 
§4, is amended to read: 
8. 
Renewal. 
Licenses expire annually on December 31st or 
on a date the commissioner determines. 
The board shall issue a 
renewal license upon receipt of the written request for renewal, 
the 
annual 
fee 
and 
evidence 
of 
satisfactory 
completion 
of 
continuing education as set forth in subsection 7. 
The board 
shall mail a renewal notice and application 4 to 6 weeks prior to 
expiration. 
Licenses 
may 
be 
renewed 
up 
to 
days 
after 
expiration upon payment of a late fee in addition to the renewal 
fee. 
If a renewal application is not received by the expiration 
date or within 30 days after the expiration date, the board shall 
send a notice by registered mail return receipt requested to the 
licensed forester at the last known mailing address advising the 
forester of the license expiration and the 90-day period during 
which renewal can occur. 
A person who submits an application for 
renewal more than 90 days after the license expiration date is 
subject to all requirements governing new applicants under this 
chapter. 
Sec. 2. 
Transition provisions. 
Notwithstanding 
the 
Maine 
Revised Statutes, Title 32, section 5515, subsection 8, the Board 
of Licensure of Foresters shall reinstate a forester I s license 
that expired on December 31, 
2001 or December 31, 
2002 if the 
license was revoked solely for failure to renew wi thin 90 
days 
of the expiration date and the forester qualifies for renewal in 
accordance with this section. 
To qualify for renewal under this 
section, 
the 
applicant 
must 
submit 
a 
request 
for 
renewal, 
evidence of compliance with continuing education requirements, 
the annual renewal fee and a late fee prior to December 31, 2003. 
SUMMARY 
This bill requires the Board of Licensure of Foresters to 
send a renewal notice prior to the expiration of a forester I s 
license and a second notice to a forester who fails to renew 
within 30 days of the expiration of a license. 
This bill allows 
a person whose license expired December 31, 2001 or December 31, 
2002 to be reinstated as a licensed forester.
An Act To Define Standard-offer Service as a Service of Last Resort
Maine Legislature, Session 121, LD 0298
Committee: Utilities and Energy
Sponsors: BERRY, GOODWIN
Amends: 35-A MRSA §3212

Legislative Document 
No. 298 
H.P.241 
House of Representatives, January 28, 2003 
An Act To Define Standard-offer Service as a Service of Last Resort 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Representative BERRY of Belmont. 
Cosponsored by Representative: GOODWIN of Pembroke. 
Printed on recyc led paper 
7Jl~ 
/J7.1l/~~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 35-A MRSA §3212, first~, as amended by PL 1997, c. 
638, §l, is further amended to read: 
Except 
as 
provided in subsection 6, 
when retail access 
begins, the commission shall ensure that standard-offer service 
is available to all consumers of electricity. 
The commission 
shall establish one 
form 
of 
standard-offer 
service 
for 
all 
customers of all transmission and distribution utilities, 
and 
this form must serve as a last-resort option for customers that 
are unable or elect not to purchase electr ici ty from competi ti ve 
electricity providers. 
SUMMARY 
This 
bill 
requires 
the 
Public Utilities 
Commission 
to 
establish 
a 
single 
standard-offer 
service 
that 
provides 
transmission and distribution of electricity and serves 
as 
a 
service of last resort for those customers that are unable or 
elect not 
to 
purchase 
their electricity from 
a 
competitive 
electricity provider. 
Page l-LR0849(1)
An Act to Provide for Proper Identification of Stray Cats by Animal Shelters
Maine Legislature, Session 121, LD 0297
Committee: Agriculture, Conservation and Forestry
Sponsors: McKEE, BRYANT, FLETCHER, PINEAU, SMITH
Amends: 7 MRSA §3907

Legislative Document 
No. 297 
H.P.240 
House of Representatives, January 28,2003 
An Act to Provide for Proper Identification of Stray Cats by Animal 
Shelters 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
Presented by Representative McKEE of Wayne. 
Cosponsored by Senator BRYANT of Oxford and 
--;r;~ /J7·17Id£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: FLETCHER of Winslow, PINEAU of Jay, SMITH of Monmouth. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 7 MRSA §3907, sub-§9-A, "A and C, as enacted by PL 
2001, c. 363, §1, are amended to read: 
A. 
A 
registered microchip 
Q6ea--iR--eeR~QRe~ieR--witR--a 
visia~e-~~~~~~-~-~r-with-a-~~~~-~~-~~-&aF-stQa 
eF-a-ti~~ea-eF-ReteRea-ea~; 
C. 
A collar and tag providing the name and address of the 
animal shelter or veterinary facility that issued the tag. 
Sec. 2. 7 MRS A §3919-A, first" as enacted by PL 2001, c. 363, 
§3, is amended to read: 
An animal shelter to which a cat is taken may accept the cat 
unless the shelter is in quarantine. 
An animal shelter accepting 
a cat shall scan the cat for microchip identification using a 
universal scanner and shall comply with the provisions of this 
section. 
SUMMARY 
The bill deletes 
the 
current 
requirement 
for 
microchip 
identification of a stray cat accepted at an animal shelter only 
when the cat is also wearing a collar or has a notched or studded 
ear. 
Microchip scanning is now readily available and affordable 
technology and would under this provision be required of all 
shelters accepting stray cats.
An Act to Raise the Minimum Age for Operation of an ATV from 10 Years of Age to 16 Years of Age
Maine Legislature, Session 121, LD 0304
Committee: Inland Fisheries and Wildlife
Sponsors: McKEE, BRENNAN, COWGER, MAILHOT, MARRACHE, SA VIELLO, SMITH
Amends: 12 MRSA §7853, 12 MRSA §7857, 12 MRSA §7901-A

Legislative Document 
No. 304 
H.P.247 
House of Representatives, January 28, 2003 
An Act to Raise the Minimum Age for Operation of an ATV from 10 
Years of Age to 16 Years of Age 
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed. 
Presented by Representative McKEE of Wayne. 
Cosponsored by Senator BRENNAN of Cumberland and 
If/~ 
/J7./lJu:~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: COWGER of Hallowell, MAILHOT of Lewiston, MARRACHE of 
Waterville, SA VIELLO of Wilton, SMITH of Van Buren. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §7853, sub-§2, as amended by PL 1989, c. 493, 
§59, is repealed. 
Sec. 2. 12 MRSA §7853, sub-§3, as enacted by PL 1989, c. 493, 
§60, is amended to read: 
3. Minimum age. 
No person less than lQ 16 years of age may 
operate an ATV, 
except on the land on which that person is 
domiciled or land owned by that person's parent or guardian. 
Sec. 3. 12 MRSA §7857, sub-§13, as amended by PL 1997, c. 432, 
§55, is repealed and the following enacted in its place: 
13. 
Unlawfully operating ATV while underage. 
A person is 
guilty of unlawfully operating an ATV while underage if that 
person is under 16 years of age. 
Sec. 4. 
MRSA §7857, sub-§13-A, as amended by PL 1989, c. 
493, §68, is repealed. 
Sec. 5. 12 MRSA §7857, sub-§14, as amended by PL 1997, c. 432, 
§56, is repealed. 
Sec. 6. 
MRSA §7857, sub-§14-A, as enacted by PL 1989, c. 
493, §69, is amended to read: 
14-A. 
Permittinq child under 16 years of aqe to operate 
ATV. 
A person is guilty, except as provided in subsection 24, of 
permitting a child under ERe 16 years of age af lQ to operate an 
ATV, if that person permits a child under ERe 16 years of age af 
lQ to operate an ATV. 
Sec. 7. 12 MRSA §7857, sub-§24, <J[E, as amended by PL 2001, c. 
387, §43, is further amended to read: 
E. 
Notwithstanding s~bseeEiaBs subsection 13, la-A aBa 14T 
ERase s~bseeEiaBs aa this subsection does not apply on land 
owned by the parent or guardian of the operator or on land 
where permission for use has been granted to the parent or 
guardian. 
Sec. 8. 12 MRSA §7901-A, sub-§12, <J[C, as enacted by PL 2001, 
c. 421, Pt. B, §88 and affected by Pt. C, §1, is amended by 
repealing subparagraphs (11) and (14). 
Sec. 9. 
MRSA §7901-A, sub-§12, <J[C, as enacted by PL 2001, 
c. 421, Pt. B, §88 and affected by Pte C, §1, is amended by 
amending subparagraph (15) to read: 
(15) 
Permi tting a child under log 16 years of age to 
operate an ATV as described in section 7857, subsection 
l4-A; 
SUMMARY 
This bill raises the minimum age for operating an ATV from 
years to 16 years of age. 
It also changes other sections of 
law affected by the age restriction.
An Act To Ensure Recovery of Extraordinary, Terrorism-related Security Costs for Public Utilities
Maine Legislature, Session 121, LD 0306
Committee: Utilities and Energy
Sponsors: BERRY, GOODWIN
Amends: 35-A MRSA §315

Legislative Document 
No. 306 
H.P.249 
House of Representatives, January 28,2003 
An Act To Ensure Recovery of Extraordinary, Terrorism-related 
Security Costs for Public Utilities 
(EMERGENCY) 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Representative BERRY of Belmont. 
Cosponsored by Representative: GOODWIN of Pembroke. 
Prinled on recycled paper 
17/~ 
1J?1l!0£~ 
MILLICENT M. MacFARLAND 
Clerk 
Emergency preamble. Whereas. Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies: and 
Whereas, the 
World 
Trade 
Center 
and 
Pentagon 
terrorist 
attacks of September II, 2001 have demonstrated that terrorists 
have the will and the ability to attack the United States, its 
citizens and property; and 
Whereas, several warnings 
regarding 
the 
potential 
for 
infrastructure; and 
have 
been 
a 
terrorist 
issued to 
attack 
on 
utilities 
utili ty 
Whereas, Maine utilities have 
already initiated security 
measures to protect critical infrastructures: and 
Whereas, additional security measures may be required at any 
time to respond to additional threats as they arise; and 
Whereas, these events were not anticipated at the time that 
some utilities entered into long-range rate plans; and 
Whereas, utilities 
should 
be 
encouraged 
appropriate security measures 
through assurances 
expenditures will be reimbursed; and 
to 
invest 
in 
that prudent 
Whereas, the Public Utilities Commission and federal 
and 
state 
security 
and 
public 
safety 
agencies 
have 
required 
additional security measures to protect critical infrastructure; 
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 enacted by the People of the State of Maine as follows: 
Sec. 1. 35-A MRSA §315 is enacted to read: 
§315. 
Recoye~ of cost of utility security 
1. 
Recoyery of security costs. 
A public utility may defer, 
with carrying costs, all costs for security measures incurred in 
response to the terrorist attacks of September 11, 2001 and the 
continued threats to the security of utility infrastructure. 
In 
determining the rates of a public utility, the commission shall 
adjust the charges to customers to recover increases 
and to 
credit decreases in security costs. 
2. 
App1icabi1ity. 
This 
section applies 
to all public 
utilities, as defined in this Title. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill enables public utilities to collect, by an annual 
rate 
adjustment, 
security-related 
expenditures 
made 
for 
heightened 
security 
measures 
necessitated 
by 
the 
terrorist 
attacks of September 11, 2001.
Maine Legislature, Session 121, LD 0310
Committee Amendment CA_A_H223 (House)

COMMITTEE AMENDMENT ,,/l. to H.P. 253, L.n. 310, "RESOLUTION, 
Proposing an Amendment to the Constitution of Maine to Reduce the 
Size of the Legislature Beginning in 2005" 
Amend the bill by incorporating the attached fiscal note. 
SUMMARY 
This amendment is the minority report and incorporates a 
fiscal note. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Net Cost (Savings): 
General Fund 
Appropriations! Allocations 
General Fund 
Referendum Costs 
Approved: 04113/03 frac:.. 
12lst Maine Legislature 
Office of Fiscal and Program Review 
LD310 
RESOLUTION, Proposing an Amendment to the Constitution of Maine 
to Reduce the Size of the Legislature Beginning in 2005 
LR 0523(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: State and Local Government 
Fiscal Note Required: Yes 
Fiscal Note 
2003-04 
2004-05 
$400,000 
($1,192,137) 
$400,000 
($1,192,137) 
MonthlY ear 
Election Type 
Question 
Nov-03 
General 
Referendum 
Projections 
2005-06 
Projections 
2006-07 
($812,264) 
($1,228,935) 
($812,264) 
($1,228,935) 
Length 
Standard 
The Secretary of State's budget includes sufficient funds to accommodate one ballot of average length for the general 
election in November. If the number or size of the referendum questions increases the ballot length, an additional 
appropriation of$8,000 or more may be required. 
Fiscal Detail and Notes 
If the constitutional amendment is approved by the voters, the size of the Legislature will be reduced and the 
Legislative budget will be impacted by the savings indicated above. The Legislature will also require a General Fund 
appropriation of $400,000 to conduct the redistricting. 
LR0523(2) - Fiscal Note - Page 1 of 1
An Act to Adopt a New Interstate Compact Regarding Adults Who are on Probation and Parole LR0008(02)
Maine Legislature, Session 121, LD 0311
Committee Amendment CA_A_H210 (House)

COMMITTEE AMENDMENT ·4" to H.P. 254. L.D. 311. Bill. "An 
Act to Adopt a New Interstate Compact Regarding Adults Who are on 
Probation and Parole" 
Amend the bill by incorporating the attached fiscal note. 
SUMMARY 
This amendment incorporates a fiscal note. 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 04/25/03 ..... ae 
Office of Fiscal and Program Review 
LD311 
An Act to Adopt a New Interstate Compact Regarding Adults Who are 
on Probation and Parole 
LR0008(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Potential future biennium cost increase - General Fund 
This bill creates the Interstate Compact for Adult Offender Supervision and the Interstate Commission for Adult 
Offender Supervision. It is estimated that the Department of Corrections will incur additional costs of approximately 
$18,000 annually for association dues and $5,000 annually for transportation of Department of Corrections staffto 
required meetings. Also, there is a provision in the compact that includes one legislator as a member of the State 
Council for Interstate Adult Offender Supervision. The cost of the per diem and expenses for one legislative member 
for one meeting is estimated to be $105. The number of meetings required is not known. No funding is required at 
this time because the compact becomes effective and binding only upon enactment by no fewer than 35 states. It can 
not be determined when this will occur. 
LR0008(2) - Fiscal Note - Page 1 of 1
Maine Legislature, Session 121, LD 0310
House Amendment HA_A_H272 (House)

HOUSE 
AMENDMENT ,,11, to H.P. 
253, 
L.D. 
310, 
"RESOLUTION, 
Proposing an Amendment [;'the Constitution of Maine to Reduce the 
Size of the Legislature Beginning in 2005" 
Amend the resolution in that part relating to "Constitution, 
Art. IV, Part First, §2" in section 2 in the 13th to 15th lines (page 
1, lines 19 to 21 in L.D.) by striking out the following: 
"..r... 
except that 
~ach Senatorial District must be divided into 
Representative Districts" 
Further 
amend 
the 
resolution in that part relating to 
"Constitution, Art. IV, Part Second, §1" in section 1 in the 4th line 
(page 1, line 41 in L.D.) by striking out the following: 
"li" 
and inserting in its place the following: 
'11' 
Further amend the resolution in the question in the last 
line (page 2, line 36 in L.D.) by striking out the following: 
"33" and inserting in its place the following: 
'23' 
SUMMARY 
This amendment reduces the size of the Maine Senate to 23 
Senators to reflect the proportionate reduction of the House of 
Representatives proposed in the original resolution. 
SPONSORED BY: ~ 
k! .~ 
«( • "j-U:o"" 
(Representative McLAUGHLIN) 
TOWN: 
Cape Elizabeth 
FISCAL :\OTE H.EQulRED 
(See attached) 
HOUSE AMENDMENT 
Net Cost (Savings): 
General Fund 
Appropriations! Allocations 
General Fund 
Approved: 05/05/03 ~ae 
Office of Fiscal and Program Review 
LD310 
RESOLUTION, Proposing an Amendment to the Constitution of Maine 
to Reduce the Size of the Legislature Beginning in 2005 
LR 0523(03) 
Fiscal Note for House Amendment" " 
Sponsor: Rep. McLaughlin 
Fiscal Note Required: Yes 
Fiscal Note 
Projections 
2003-04 
2004-05 
2005-06 
$0 
($123,982) 
($166,512) 
$0 
($123,982) 
($166,512) 
vR0523(3) - Fiscal Note - Page 1 of 1 
Projections 
2006-07 
($243,700) 
($243,700'
An Act to Adopt a New Interstate Compact Regarding Adults Who are on Probation and Parole
Maine Legislature, Session 121, LD 0311
Senate Amendment SA_A_S293 (Senate)

SENATE AMENDMENT "A" to H.P. 254, L.D. 311, Bill, "An Act 
to Adopt a New Interstate Compact Regarding Adults Who are on 
Probation and Parole" 
Amend the bill by inserting after section 2 and before the 
summary the following: 
I Sec. 
3. 
Appropriations 
and 
allocations. 
appropriations and allocations are made. 
CORRECTIONS, DEPARTMER"I' OF 
Adult Community Corrections 
0124 
The 
following 
Initiative: 
Provides 
for 
the 
deappropriation 
of 
general 
operating expenses within the Adult Community Corrections program 
to fund costs associated with the Interstate Compact. 
General Fund 
All Other 
Adult Community Corrections 
0124 
2003-04 
($23,000) 
2004-05 
($23,000) 
Initiative: 
Appropriates 
funds 
for 
association dues 
and for 
transportation of Department of Corrections staff to required 
meetings related to participation in the Interstate Compact. 
General Fund 
All Other 
CORRECTIONS, DEPARTMER"I' OF 
DEPARTMER"I' 'l'OTALS 
Page l-LR0008(4) 
2003-04 
$23,000 
2003-04 
2004-05 
$23,000 
2004-05 
SENATE AMENDMENT 
". 
~~. 
SENATE AMENDMENT 'A" to H.P. 254, L.D. 311 
GENERAL FURD 
$0 
$0 
DEPARTMENT 'l.'O'XAL -
ALL FURDS 
$0 
$0' 
SUMMARY 
This 
amendment 
adds 
an 
appropriations 
and 
allocations 
section to the bill. 
SPONSORED BY, &, ~ 
(Senator CATHCART) 
COUNTY: 
Penobscot 
FISCAL ~OTE HEQURED 
(See attached) 
.. 
---~._.._......l 
SENATE AMENDMENT 
~ et Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
Approved: 06112/03 ~ac 
Office of Fiscal and Program Review 
LD311 
An Act To Adopt a New Interstate Compact Regarding Adults Who are 
on Probation and Parole 
LR 0008(04) 
Fiscal Note for Senate Amendment "A' 
Sponsor: Sen. Cathcart 
Fiscal Note Required: Yes 
Fiscal Note 
No net fiscal impact - General Fund 
2003-04 
2004-05 
Projections 
2005-06 
$0 
$0 
$0 
$0 
$0 
$0 
Projections 
2006-07 
$0 
$0 
This amendment deappropriates $23,000 in fiscal year 2003-04 and 2004-05 from the Adult Community Corrections 
program within the Department of Corrections. It also appropriates funds in the amount of $23,000 in fiscal year 
2003-04 and 2004-05 for association dues and transportation costs for departmental staff. The additional cost to the 
Legislature for one legislator to participate as a member of the State Council for Interstate Adult Offender Supervision 
can be absorbed within existing budgeted resources. 
LR0008(4) - Fiscal Note - Page 1 ofl
Resolve, of Transportation to Perform a Regional
Maine Legislature, Session 121, LD 0312
Committee Amendment CA_A_H91 (House)
Committee: Transportation

COMMITTEE AMENDMENT 
Directing the Department 
Corridor Traffic Study" 
"~,, to H.P. 255, L.D. 312, "Resolve, 
of Transportation to Perform a Regional 
Amend the resolve in section 1 in the last line (page 1, 
line 
in L.D.) 
by striking out the following: 
"area." and 
inserting in its place the following: 
'area; and be it further' 
Further amend the resolve by inserting after section 1 the 
following: 
, Sec. 2. Appropriations and allocations. Resolved: 
following appropriations and allocations are made. 
TRANSPORTATION, DEPARTMENT OF 
Hiqhway and Bridqe Improvement 
That 
the 
Initiative: 
Allocates 
funds 
for 
the 
costs 
of 
conducting 
a 
regional corridor traffic study for the City of Ellsworth and the 
central Hancock County service center area. 
Hiqhway Fund 
All Other 
Highway Fund Total 
Page l-LR0598(2) 
2003-04 
$750,000 
$750,000 
2004-05 
$750,000 
$750,000' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. j}. to H.P. 255, L.D. 312 
SUMMARY 
This amendment is the minority report of the Joint Standing 
Committee 
on 
Transportation. 
This 
amendment 
also 
adds 
an 
allocation to the resolve. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMIITEE AMENDMENT 
Net Cost (Savings): 
Highway Fund 
o\ppropriations/ Allocations 
Highway Fund 
Fiscal Detail and Notes 
Approved: 02/24/03 frac:.. 
Office of Fiscal and Program Review 
LD312 
Resolve, Directing the Department of Transportation to Perform a 
Regional Corridor Traffic Study 
LR 0598(02) 
Fiscal Note for Original Bill as Amended by Committee Amendment 
Sponsor: Rep. Crosthwaite 
Committee: Transportation 
Fiscal Note Required: Yes 
Fiscal Note 
2003-04 
$750,000 
$750,000 
2004-05 
$750,000 
$750,000 
Projections 
2005-06 
$0 
$0 
Projections 
2006-07 
$0 
$0 
The Highway and Bridge Improvement program within the Department of Transportation will require additional 
Highway Fund allocations of $750,000 in each of fiscal years 2003-04 and 2004-05 for the costs of conducting a 
required regional corridor traffic study. 
LR0598(2) - Fiscal Note - Page 1 of 1
An Act to Rename the Gasoline Tax the "Road Services Fee
Maine Legislature, Session 121, LD 0313
Committee: Transportation
Sponsors: LEMOINE, USHER
Amends: 36 MRSA §2901

Legislative Document 
No. 313 
H.P.256 
House of Representatives, January 28, 2003 
An Act to Rename the Gasoline Tax the "Road Services Fee" 
Reference to the Committee on Transportation suggested and ordered printed. 
Jrl~ 
/h.1lJP£~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative LEMOINE of Old Orchard Beach. 
Cosponsored by Representative: USHER of Westbrook. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 36 MRSA §2901 is amended to read: 
§2901. Short title 
This chapter shaJ.J.--ee is known and may be cited as the 
"gase.*iae-1'aH Road Services Fee Act" and the tax therein imposed 
sha.,l.,l--ee is known and may be cited as the 
"~ase'*j,.ae--~aH road 
services fee." 
Sec. 2. Maine Revised Statutes amended; revision clause. 
Wherever 
in the Maine Revised Statutes the words "Gasoline Tax Act" or 
"gasoline tax" appear or reference is made to that Act or those 
words, they are amended to read and mean "Road Services Fee Act" 
or "road services fee," respectively, and the Revisor of Statutes 
shall 
implement 
this 
reV1S1on 
when 
updating, 
publishing 
or 
republishing the statutes. 
SUMMARY 
This bill renames the Gasoline Tax Act the "Road Services 
Fee Act." 
Page I-LR0187(1)
Resolve, Directing the Department of Transportation to Perform a Regional Corridor Traffic Study
Maine Legislature, Session 121, LD 0312
Committee: Transportation
Sponsors: CROSTHWAITE

Legislative Document 
No. 312 
H.P.255 
House of Representatives, January 28, 2003 
Resolve, Directing the Department of Transportation to Perform a 
Regional Corridor Traffic Study 
Reference to the Committee on Transportation suggested and ordered printed. 
Presented by Representative CROSTHWAITE of Ellsworth. 
IY/~ 
1?7.1l!IJf:~ 
MILLICENT M. MacFARLAND 
Clerk 
Under suspension of the rules, cosponsored by Senator DAMON of Hancock and 
Representatives: BERUBE of Lisbon, BIERMAN of Sorrento, BUNKER of Kossuth 
Township, CHURCHILL of Orland, DUG A Y of Cherryfield, KOFFMAN of Bar Harbor, 
PINGREE of North Haven, ROSEN of Bucksport, Senators: SAWYER of Penobscot, 
YOUNGBLOOD of Penobscot. 
Printed on recycled paper 
Sec. 1. 
Regional corridor traffic study. 
Resolved: 
That 
the 
Department of Transportation shall undertake a regional corridor 
traffic study for the City of Ellsworth and the central Hancock 
County service center area. 
SUMMARY 
This resolve directs the Department of Transportation to 
conduct 
a 
regional 
corridor 
traffic 
study 
for 
the 
City of 
Ellsworth and the central Hancock County service center area.
Resolve, To Study the Property Valuation Process
Maine Legislature, Session 121, LD 0314
Committee: Taxation
Sponsors: BULL, EDMONDS, BARSTOW, BLISS, COURTNEY, MURPHY, WOODBURY, BROMLEY, LEMONT, STANLEY

Legislative Document 
No. 314 
H.P.257 
House of Representatives, January 28, 2003 
Resolve, To Study the Property Valuation Process 
Reference to the Committee on Taxation suggested and ordered printed. 
Presented by Representative BULL of Freeport. 
Cosponsored by Senator EDMONDS of Cumberland and 
/Jl~ 
1?7./lJu~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BARSTOW of Gorham, BLISS of South Portland, COURTNEY of Sanford, 
MURPHY of Kennebunk, WOODBURY of Yarmouth, Senators: BROMLEY of Cumberland, 
LEMONT of York, STANLEY of Penobscot. 
Printed on recycled paper 
CONCEPT DRAFT 
SUMMARY 
This resolve is a concept draft pursuant to Joint Rule 208. 
The Constitution of Maine, Article IX, Section 8 provides 
that all taxes 
on real estate be 
"apportioned and 
assessed 
equally according to 
the just value thereof." 
This 
resolve 
proposes to review the entire process of property valuation that 
is in place to effectuate this constitutional requirement to 
ensure that the process of property valuation is carried out 
equitably and efficiently, and proposes changes to improve the 
functioning of the process. 
Page l-LR01l2(l)
An Act to Prohibit Absolute Discretion Clauses in Health Carrier and Excess Loss Carrier Contracts
Maine Legislature, Session 121, LD 0316
Committee: Insurance and Financial Services
Sponsors: CANAVAN, DOUGLASS, BREAULT, FLETCHER, MILLS, O'NEIL, PERRY, SIMPSON, SMITH

Legislative Document 
No. 316 
H.P.259 
House of Representatives, January 28, 2003 
An Act to Prohibit Absolute Discretion Clauses in Health Carrier 
and Excess Loss Carrier Contracts 
Reference to the Committee on Insurance and Financial Services suggested and ordered 
printed. 
Presented by Representative CANAVAN of Waterville. 
Cosponsored by Senator DOUGLASS of Androscoggin and 
'77/~ frJ.1lld£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BREAULT of Buxton, FLETCHER of Winslow, MILLS of Farmington, 
O'NEIL of Saco, PERRY of Calais, PERRY of Bangor, SIMPSON of Auburn, SMITH of Van 
Buren. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 24·A MRSA §4303, sub·§9 is enacted to read: 
9. 
Absolute discretion clauses. 
A carrier may not include 
in a health plan contract with a plan sponsor, contract holder or 
enrollee or in a contract with another carrier to cover excess 
losses a clause that gives the carrier or its designated agent 
the sole or absolute discretion to interpret or construe contract 
terms or determine enrollee eligibility for benefits in a manner 
that is conclusive and binding on all parties to the contract. 
SUMMARY 
This bill prohibits carriers from using absolute discretion 
clauses in health plan contracts.
An Act To Prohibit Absolute Discretion Clauses in Health Carrier Contracts Further amend the bill by striking out everything after the E~nacting clause and before the summary and inserting in its place the following: Sec. 1. 24·A MRSA §4303, sub·§9 is enacted to read: 9. Absolute discretion clauses. The use and enforcement of an absolute discretion clause is governed by this subsection. A. A policy, contract. certificate or agreement offered, delivered. issued or renewed for delivery in this State by a carrier to provide, deliver, arrange for, pay for or reimburse any of the costs of health care services may not contain a provision purporting to reserve sole or absolute discretion to the carrier to interpret the terms of the contract or to provide standards of interpretation or review that are inconsistent with the laws of this State. B. A carrier may not enforce a provision in a policy, contract. certificate or agreement that was offered, Page l-LR078l(2) COMM/rrEE AMENDMENT
Maine Legislature, Session 121, LD 0316
Committee Amendment CA_A_H118 (House)

COMMITTEE AMENDMENT "fl.. to H.P. 259, L.D. 316, Bill, "An 
Act to Prohibit Absolute Discretion Clauses in Health Carrier and 
Excess Loss Carrier Contracts" 
Amend the bill by striking out the title and substituting 
the following: 
'An Act To Prohibit Absolute Discretion Clauses in Health Carrier 
Contracts' 
Further amend the bill by striking out everything after the 
E~nacting clause and before the summary and inserting in its place 
the following: 
'Sec. 1. 24·A MRSA §4303, sub·§9 is enacted to read: 
9. 
Absolute discretion clauses. 
The use and enforcement of 
an absolute discretion clause is governed by this subsection. 
A. 
A policy, contract. certificate or agreement offered, 
delivered. issued or renewed for delivery in this State by a 
carrier 
to 
provide, 
deliver, 
arrange 
for, 
pay 
for 
or 
reimburse any of the costs of health care services may not 
contain a provision purporting to reserve sole or absolute 
discretion to the carrier to interpret the terms of the 
contract or to provide standards of interpretation or review 
that are inconsistent with the laws of this State. 
B. 
A carrier may not enforce a provision in a policy, 
contract. 
certificate 
or 
agreement 
that 
was 
offered, 
Page l-LR078l(2) 
COMM/rrEE AMENDMENT 
COMMITTEE AMENDMENT ,,4 to H.P. 259, L.D. 316 
delivered or issued for delivery in this State and has been 
continued or renewed by a group policy holder or individual 
enrollee in this State that purports to reserve sole or 
absolute discretion to the carrier to interpret the terms of 
the contract or to provide standards of interpretation or 
review that are inconsistent with the laws of this State .• 
SUMMARY 
This amendment replaces the bill. 
The amendment prohibits 
carriers from using or enforcing absolute discretion clauses in 
heal th plan contracts. 
The amendment removes language in the 
bill relating to contracts with plan sponsors of self-insured 
health plans. 
COMMITTEE AMENDMENT