An Act To Amend the Laws Pertaining to the Department of Corrections Fiscal Detail and Notes
Maine Legislature, Session 122, LD 1886
Committee Amendment CA_A_H754 (House)
Amends: 34-A MRSA §3012

COMMITTEE AMENDMENT ·A" to H.P. 1326, L.D. 1886, Bill, "An 
Act To Amend the Laws Pertaining to the Department of Corrections" 
Amend the bill by inserting after the title and before the 
enacting clause the following: 
. Emergency preamble. Whereas, acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, upon discovering that the Department of Corrections 
is in violation of state law by operating a commissary for the 
sale of food to clients and employees in correctional facilities 
and by providing meals to facility employees who eat such meals 
in the scope of their employment, 
the Legislature wishes 
to 
immediately remedy the violation; and 
Whereas, 
the 
Legislature 
recognizes 
exception 
to 
the 
general 
Corrections 
because 
of 
authorize 
an 
Department 
of 
environment; and 
the 
necessity 
to 
prohibition 
to 
the 
its 
unique 
working 
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,' 
Page l-LR30l4(2} 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,A" to H.P. 1326, L.D. 1886 
Further amend the bill by inserting after section 10 the 
following: 
'Sec. II. 34-A MRSA §3012 is enacted to read: 
§3012. 
Food and food sUeP1ies 
1. 
Qperation of 
commissarY. 
Notwithstanding 
Title 
5. 
section 8-C, the chief administrative officer of a correctional 
facility or detention facility may. subject to the approval of 
the commissioner. permit the operation of a commissary for the 
sale of 
food 
and 
food 
supplies to persons residing in the 
facility and to facility employees. 
2. 
Provision of mea1s to em,p19,Yees. 
Notwithstanding Title 
5. 
section 
8-C. 
the 
chief 
administrative 
officer 
of 
a 
correctional facility or detention facility may. subject to the 
approval of the commissioner. purchase meals for or otherwise 
provide meals without charge to any facility employee who eats 
such meals within the scope of employment and in so doing serves 
a function of employment.' 
Further amend the bill by inserting at the end before the 
summary the following: 
'Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved.' 
Further amend the bill by relettering or renumbering any 
nonconsecutive 
Part 
letter 
or 
section 
number 
to 
read 
consecutively. 
SUMMARY 
This amendment creates an exception to a law that requires 
the elimination of all commissary-type facilities operated by 
state departments for the sale of food and food supplies to any 
person. 
This amendment allows the Department of Corrections to 
lawfully 
continue 
its 
long-time 
practice 
of 
operating 
a 
commissary for the sale of food to clients and employees in 
corrections 
facilities 
and 
clarifies 
that 
the 
chief 
administrative officer of a correctional or detention facility 
may, subject to the approval of the commissioner, purchase meals 
for or otherwise provide meals without charge to any facility 
employee who eats such meals within the scope of employment. 
To 
remedy 
the 
department's 
unintended 
violation 
more 
quickly, this amendment also makes the bill an emergency. 
FISCAL :\OTI:: l{£{JLlRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 01131106 frac.. 
LD 1886 
LR 3014(02) 
An Act To Amend the Laws Pertaining to the Department of Corrections 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment ';4" 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
." 
Minor cost increase - GerreT~l Fund 
The additional costs associated with this legislation can be absorbed by the Department of Corrections utilizing 
existing budgeted resources 
LR3014(2) - Fiscal Note - PaQ"e I of 1