An Act To Prevent Lead Poisoning of Children and Adults
Maine Legislature, Session 122, LD 1034
Committee Amendment CA_B_H643 (House)

AMENDMENT ~, to H.P. 719, L.D. 1034, 
Lead Poisoning of Children and Adults" 
Bill, "An 
Amend the bill by striking out all of sections I and 2. 
Further amend the bill in section 3 in that part designated 
"§13l2-E." by striking out all of subsection 2 (page 1, lines 26 
to 28 in L.D.) and inserting in its place the following: 
I 2. 
Sources of fund. 
The fund is funded from all fees 
voluntarily contributed under section l322-F and from other funds 
contributed by other persons 
and 
any 
funds 
accepted by 
the 
commissioner or allocated or appropriated by the Legislature. I 
Further amend the bill in section 3 in that part designated 
"§1322-E." in subsection 3 by striking out all of paragraph A 
(page 1, lines 33 to 37 in L.D.) and inserting in its place the 
following: 
'A. 
Contracts for funding community and worker educational 
outreach programs to enable the public to identify lead 
hazards and take precautionary actions to prevent exposure 
to lead; I 
Further amend the bill in section 3 in that part designated 
"§1322-E." in subsection 3 in paragraph D in the last line (page 
2, line 7 in L.D.) by striking out the following: 
"and" 
Page I-LR2022(3) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,3 to H.P. 719, L.D. 1034 
? 
Further amend the bill in section 3 in t~t part designated 
"SI322-E." in subsection 3 in paragraph E in the last line (page 
2, line 11 in L.D.) by striking out the following: 
..!.. 
and 
inserting in its place the following: 
'; and' 
Further amend the bill in section 3 in that part designated 
"SI322-E." in subsection 3 by inserting at the end the following: 
'F. 
Funding for educational programs and information for 
owners of rental property used for residential purposes.' 
Further amend the bill in section 3 in that part designated 
"SI322-E." in subsection 4 in the last line (page 2, line 18 in 
L.D.) 
by 
inserting 
after 
the 
following: 
"section." 
the 
following: 
'The bureau shall undertake 
a 
public information 
campaign to acknowledge and thank manufacturers, wholesalers 
and 
others who make voluntary contributions to the fund.' 
Further amend the bill in section 3 in that part designated 
"SI322-E." by inserting at the end the following: 
'5. 
Contingency. 
Funding 
for 
the 
purposes 
listed 
in 
subsection 
is 
contingent 
upon 
receipt 
into 
the 
fund 
of 
sufficient funds under subsection 2.' 
Further amend the bill in section 3 by striking out all of 
that part designated "SI322-F." and inserting in its place the 
following: 
'S1322-F. 
VolUDta~ lead poisoning prevention fee 
I. 
VolUDta~ fee. 
A fee, in an amount to be determined by 
the 
manufacturer or wholesaler, 
may 
be 
paid voluntarily by 
manufacturers or wholesalers of paint sold in the State to 
support the Lead Poisoning Prevention Fund under section 1322-E. 
The suggested amount of the fee is based on 25¢ per gallon of 
paint estimated to have been sold in the State during the pr ior 
year, as determined by rule adopted by the department. 
2. 
Rules. 
By July 
L 
2006, 
the department shall adopt 
rules to implement this section, including rules to set the 
recommended 
amount of the voluntary fees 
and 
the manner 
of 
payment. 
The 
costs 
for 
development 
of 
these 
rules 
and 
for 
administration of the fund must be reimbursed 
from the fees 
collected. 
Rules adopted pursuant to this subsection are routine 
technical rules as defined in Title 5, chapter 375, subchapter 
2-A. ' 
Further amend the bill by striking out all of section 4 and 
inserting in its place the following: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,:t?, to H.P. 719, L.D. 1034 
, Sec. 
4. 
Appropriations 
and 
allocations. 
appropriations and allocations are made. 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF 
Lead Poisoning Prevention Fund 
The 
following 
Initiative: 
Provides 
a 
base allocation of $500 beginning in 
fiscal year 2006-07 for the costs of the development of rules, 
the administration of the fund and allocations from the fund to 
be funded by fees authorized to be imposed for the purposes of 
the fund. 
OTHER SPECIAL REVENUE FUNDS 
Unallocated 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2005-06 
$0 
$0 
2006-07 
$500 
$500' 
Further amend the bill by relettering or renumbering any 
read 
nonconsecutive 
consecutively. 
Part 
letter 
or 
section 
number 
to 
SUMMARY 
This amendment is the minority report of the committee. 
It 
imposes a voluntary fee of 25¢ per gallon of paint estimated to 
have been sold in the State during the prior year, to be paid 
voluntarily by manufacturers or wholesalers of paint sold in the 
State. 
The amendment makes funding of the purposes of the bill 
contingent on receipt of fees into the Lead Poisoning Prevention 
Fund sufficient to operate the program. 
The amendment allows 
voluntary 
payment 
by 
other 
persons 
and 
includes 
a 
public 
informational campaign to acknowledge and thank contributors to 
the 
fund. 
The 
amendment 
deletes 
references 
to 
lead-added 
products and environmental lead hazards. 
The amendment deletes 
the fees imposed on manufacturers and other persons who currently 
contribute or historically contributed to lead hazards and the 
criteria that is used to determine their responsibility. 
The 
amendment deletes the exemption from responsibility for persons 
who are able to show that their products do not contribute to 
lead hazards. 
The amendment deletes the requirement that a least 
500;0 of the fund be allocated to grants for outreach programs. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT I~ to H.P. 719, L.D. 1034 
The amendment adds ru1emaking to set the recommended amount of 
the fee. 
The amendment deletes the provision requiring a report 
to the Joint Standing Committee on Health and Human Services by 
January 15, 2006. 
The amendment also adds an appropriations and 
allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/02/05 ~ac:.. 
LD 1034 
LR2022(03) 
An Act To Prevent Lead Poisoning of Children and Adults 
Fiscal Note for Bill as Amended by Committee Amendment,B, 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Minority Report 
Fiscal Note 
2005-06 
2006-07 
Projections 
2007-08 
Appropriations/Allocations 
Other Special Revenue Funds 
-'iscal Detail and Notes 
$0 
$500 
$0 
Projections 
2008-09 
$0 
Establishes the Lead Poisoning Prevention Fund as a non-lapsing Other Special Revenue Funds account in the 
Department of Health and Human Services. Provides a base allocation of $500 for this account beginning in fiscal 
year 2006-07 for the costs of the development of rules, the administration of the fund, and allocations from the 
account in anticipation that voluntary fees will be collected. The amount of fees that will be deposited in the account 
cannot be determined at this time. Further assumes any additional costs to the Bureau of Health in the Department of 
Human Services to implement the provisions of the bill prior to the establishment of the authorized fees can be 
absorbed by the bureau utilizing existing resources. 
LR2022(3) - Fiscal Note - Page 1 of 1