pem207/maine-bills huggingface dataset:
An Act To Allow Assignment of Workers' Compensation Payments to 3rd Parties Providing Income Protection Benefits
Maine Legislature, Session 122, LD 0878
Committee: Labor
Sponsors: MAYO, DUDLEY, BRENNAN, SULLIVAN, PERRY
Amends: 39-A MRSA §107

Legislative Document 
No. 878 
S.P.286 
In Senate, February 22,2005 
An Act To Allow Assignment of Workers' Compensation Payments 
to 3rd Parties Providing Income Protection Benefits 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Senator MAYO of Sagadahoc. 
Cosponsored by Representative DUDLEY of Portland and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: BRENNAN of Cumberland, SULLIVAN of York, Representative: PERRY of Calais. 
Printed on recycled pa~r 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 39-AMRSA§106, as amended by PL 1995, c. 694, Pt. D, 
§63 and affected by Pt. E, §2, is further amended to read: 
§l06. Invalidity of waiver of rights; claims not assignable 
No agreement by an employee, unless approved by the board or 
by the Commissioner of Labor, to waive the employee's rights to 
compensation under this Act is valid. No claims for compensation 
under this Act are assignable or subject to attachment or liable 
in any way for debt, except for the enforcement of a current 
support obligation or support arrears pursuant to Title 19-A, 
chapter 65, subchapter II ~, article 3 or Title 19-A, chapter 65, 
subchapter 
I~~.,.--9li' l.L for reimbursement of general assistance 
pursuant to Title 22, section 4318; or for reimbursement to a 3rd 
party for compensation pursuant to a disability income protection 
plan or other contractual agreement pursuant to section 107. 
Sec. 2. 39-A MRSA §107, as enacted by PL 1991, c. 885, Pt. A, 
§8 and affected by §§9 to 11, is amended by adding at the end a 
new paragraph to read: 
If an injured employee has received compensation from a 3rq 
party based on a preexisting contractual agreement with the 3rd 
party, 
including, 
but 
not 
limited 
to, 
a 
disability 
income 
protection plan, the employee may assign the employee's claim for 
compensation and benefits under this Act to the 3rd party if the 
amount of compensation assigned to the 3rd party is no more than 
the compensation received by the employee from the 3rd party and 
if the assignment is in writing and signed by the employee. 
SUMMARY 
This bill allows an employee who receives payment from an 
income protection plan or other contractual agreement for 
an 
injury to assign the employee's workers' compensation claim to 
the 3rd party providing payment under that income protection plan 
or 
contractual 
agreement. 
The 
bill 
limits 
the 
amount 
of 
assignment of the claim to the amount of compensation received 
under the income protection plan or other contractual agreement, 
and specifies that the assignment must be in writing and signed 
by the employee. 
Page l-LR1234(1)
Resolve, To Prevent the Upstream Migration of Exotic Species past the Fish River Falls and into the Fish River Watershed
Maine Legislature, Session 122, LD 0877
Committee: Marine Resources
Sponsors: MARTIN, JACKSON, CLUKEY, FISCHER, PARADIS, SMITH

Legislative Document 
No. 877 
S.P.285 
In Senate, February 22, 2005 
Resolve, To Prevent the Upstream Migration of Exotic Species past 
the Fish River Falls and into the Fish River Watershed 
Reference to the Committee on Marine Resources suggested and ordered printed. 
Presented by Senator MARTIN of Aroostook. 
Cosponsored by Representative JACKSON of Fort Kent and 
JOY 1. O'BRIEN 
Secretary of the Senate 
Senator: CLUKEY of Aroostook, Representatives: FISCHER of Presque Isle, PARADIS of 
Frenchville, SMITH of VanBuren. 
Printed on recycled paper 
Sec. 1. Commissioner of Marine Resources to implement program. 
Resolved: 
That the Commissioner of Marine Resources shall adopt 
rules to implement a program to prevent the upstream migration of 
exotic species past the Fish River Falls and into the Fish River 
watershed in Aroostook County. 
Rules adopted pursuant to this 
Act are major substantive rules pursuant to the Maine Revised 
Statutes, Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This resolve directs the Commissioner of Marine Resources to 
implement a program to prevent 
species past the 
Fish River 
watershed in Aroostook County. 
the upstream migration of 
Falls 
and 
into 
the 
Fish 
Page l-LR0071(l) 
exotic 
River
An Act To Prohibit Municipal Landfill Dumping
Maine Legislature, Session 122, LD 0880
Committee: Natural Resources
Sponsors: STRIMLING
Amends: 38 MRSA §1304

Legislative Document 
No. 880 
S.P.288 
In Senate, February 22, 2005 
An Act To Prohibit Municipal Landfill Dumping 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Senator STRIMLING of Cumberland. 
Printed on recyc led paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRS A §1303-C, sub-§I-B is enacted to read: 
1-B. 
Bypass waste. 
"Bypass waste" 
means 
any municipal 
solid waste destined for disposal, processing or beneficial use 
at a solid waste facility that cannot be disposed of, processed 
or beneficially used at that solid waste facility because of 
malfunction, insufficient capacity, inability of the facility to 
process or burn the waste, downtime or any other reason. 
Sec. 2. 38 MRSA §1304, sub-§§20 and 21 are enacted to read: 
20. 
Bypass waste. 
The board shall adopt rules to limit the 
transfer of bypass waste to solid waste landfills. 
Rules adopted 
pursuant 
to 
this 
subsection 
are 
routine 
technical 
rules 
as 
defined in Title 5, chapter 375, subchapter 2 A. 
21. 
Disposal of municipal solid waste in landfill. 
The 
board shall adopt rules to ensure that disposal in a solid waste 
landfill is not the primary method for disposal of municipal 
solid waste. 
Rules 
adopted pursuant to this subsection are 
routine technical rules as defined in Title 5, 
chapter 
375, 
subchapter 2-A. 
SUMMARY 
This bill directs the Board of Environmental Protection to 
adopt rules to limit the transfer of bypass waste to landfills 
and to ensure that disposal in a landfill is not the primary 
means for disposal of municipal solid waste.
An Act To Ensure Equity in Appeals of Workers' Compensation Cases
Maine Legislature, Session 122, LD 0879
Committee: Labor
Sponsors: WESTON, KAELIN
Amends: 39-A MRSA §324

Legislative Document 
No. 879 
S.P.287 
In Senate, February 22,2005 
An Act To Ensure Equity in Appeals of Workers' Compensation 
Cases 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Senator WESTON of Waldo. 
Cosponsored by Representative KAELIN of Winterport. 
Printed on recyc led paper 
JOY 1. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 39-A MRSA §324, sub-§I, as enacted by PL 1991, c. 885, 
Pt. A, §8 and affected by §§9 to 11, is amended to read: 
1. 
Order or decision. 
The employer or insurance carrier 
shall make compensation payments within 10 days after the receipt 
of notice of an approved agreement for payment of compensation or 
within 10 days after any order or decision of the board awarding 
compensation. 
If 
the 
board 
enters 
a 
decision 
awarding 
compensation and an appeal is filed with the Law Court pursuant 
to section 322, 
payments for ongoing post-decree compensation 
awardeg pursuant to the gecision may not be suspended while the 
appeal is pending; however, benefits awargeg in the form of a sum 
certain that accrue to the date of the decree may be suspended 
while the appeal is pending. 
The employer or insurer may recover 
from an employee payments made pending appeal to the Law Court if 
and to the extent that the 
Law 
Court has 
decided that the 
employee was not entitled to the compensation paid. The board has 
full jurisdiction to determine the amount of overpayment, if any, 
and the amount and schedule of repayment, if any. The board, in 
determining whether or not 
repayment should be 
made 
and the 
extent and schedule of repayment, shall consider the financial 
situation of the employee and the employee's family and may not 
order repayment that would work hardship or injustice. 
SUMMARY 
Under current law, if the Workers' Compensation Board enters 
a decision awarding compensation and an appeal is filed with the 
Law Court, 
payments may not be suspended while the appeal is 
pending. 
This bill allows the suspension, pending appeaL 
of 
benef i ts awarded in the form of a sum certain that accrue to the 
date of the decree. 
Page l-LR0996(1)
An Act To Ensure Equity in Appeals of Workers' Compensation Cases Fiscal Detail and Notes
Maine Legislature, Session 122, LD 0879
Committee Amendment CA_A_S92 (Senate)

COMMITTEE AMENDMENT ,A .. to S.P. 287, L.D. 879, Bill, 
Act To Ensure Equity in Appeals of Workers' Compensation Cases" 
"An 
Amend 
the bill in section 
by 
striking out all 
of 
subsection I (page 1, lines 6 to 25 in L.D.) and inserting in its 
place the following: 
'I. 
Order or decision. 
The employer or insurance carrier 
shall make compensation payments within 10 days after the receipt 
of notice of an approved agreement for payment of compensation or 
within 10 days after any order or decision of a hearing officer 
or of the board awarding compensation. 
If a hearing officer or 
the board enters a decision awarding compensation and a motion is 
made 
to 
find 
the 
facts 
specially 
and state separately the 
conclusions of law pursuant to section 318 or an appeal is filed 
with the Law Court pursuant to section 322, payments for ongoing 
post-decree compensation awarded pursuant to the decision may not 
be suspended while the motion or appeal is pending; however, 
benefits awarded in the form of a sum certain that accrue to the 
date of the decree may be suspended while the motion or appeal is 
pending. 
The employer or insurer may recover from an employee 
payments made pending appeal to the Law Court if and to the 
extent that the Law Court has decided that the employee was not 
entitled 
to 
the 
compensation 
paid. 
The 
board 
has 
full 
jurisdiction to determine the amount of overpayment, if any, and 
the amount and schedule of repayment, if any. 
The board, 
in 
determining whether or not 
repayment should be made 
and the 
Page l-LR0996(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT A .. to S.P. 287, L.D. 879 
extent and schedule of repayment, shall consider the financial 
situation of the employee and the employee' s family and may not 
order repayment that would work hardship or injustice.' 
SUMMARY 
This amendment is the minority report of the committee. 
The 
amendment allows the suspension of benefits awarded in the form 
of a sum certain that accrue to the date of the decree pending a 
motion for findings of facts and conclusions of law in addition 
to pending an appeal to the Law Court. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMIITEE AMENDMENT 
Approved: 04/01/05 frac:.. 
LD879 
LR 0996(02) 
An Act To Ensure Equity in Appeals of Workers' Compensation Cases 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment 'A 
Committee: Labor 
Fiscal Note Required: Yes 
Minority Report 
Fiscal Note 
Minor savings - All Funds 
Any savings to the State, as an employer, as a result of the suspension of benefits can not be determined at this time 
but are expected to be minor. 
LR0996(2) - Fiscal Note - Page 1 of 1
Maine Legislature, Session 122, LD 0881
Committee Amendment CA_A_S81 (Senate)

COMMITTEE AMENDMENT ,A" to S.P. 289, L.D. 881, Bi11, "An 
Act To 
Amend the Maine Workers' 
Compensation Act of 1992 
To 
Facilitate Timely Independent Medical Examinations and Benefit 
Payments" 
Amend the bill in section 1 in subsection 2 in the last line 
(page 1, line 18 in L.D.) 
by inserting after the following: 
"examiner" the following: 
'in that employee's case' 
SUMMARY 
This amendment is the minority report of the committee. 
The 
amendment makes a technical correction to the bill to clarify 
that 
a 
physician is disqualified 
from 
being 
an 
independent 
medical examiner only for 
a 
specific employee's case if the 
physician has previously examined that employee pursuant to the 
Maine Revised Statutes, Title 39-A, section 207 in the previous 
weeks. 
Page l-LR14l7(2) 
COMMITTEE AMENDMENT
An Act the Maine Workers Compensation Act of To Timely Independent Medical Examinations and Benefit
Maine Legislature, Session 122, LD 0881
Senate Amendment SA_B_S119 (Senate)
Amends: 39-A MRSA §312

AMENDMENT ,15 .. to S.P. ;-,89, L.D. 881, Bill, "An Act 
the 
Maine 
Workers' 
Compensation 
Act 
of 
1992 
To 
Timely Independent Medical Examinations and Benefit 
Amend the bill by striking out all of section 1 (page 1, 
lines 3 to 18 in L.D.) and inserting in its place the following: 
'Sec. I. 39-A MRSA §312, sub-§2, as amended by PL 2005, c. 24, 
§l, is further amended to read: 
2. 
Eligibility. 
Aa--~aee~eaeea~--mee~ea*--eHam~ae~--sRall 
~eaeeF-~~--~~aG~-ea-~~~~~-eeaeit~ea-~-~-em~*eyee 
aae--~~&&G-~-~~--s~ee~'~ee--~»4&~-~~~-~~~~~---*Re An 
independent medical examiner in a case may not be the employee's 
treating health care provider and 
may 
not 
have treated the 
employee with respect to the injury for which the claim is being 
made or the benefits are being paid. 
Nothing in this subsection 
precludes the selection of 
a 
provider authorized to receive 
reimbursement under section 206 to serve in the capaci ty of an 
independent medical examiner. 
Ya*ess-~~~eee-~~-&a&-~aFt~esT 
a A physician who has examined an employee at the request of an 
insurance 
company, 
employer 
or 
employee 
in 
accordance 
with 
section 207 during the previous 52 weeks is not eligible to serve 
as 
an 
independent medical 
examiner unless that physician is 
approved for inclusion on the list created pursuant to subsection 
by a vote of 3/4 of the total membership of the board. 
A physician who does not meet the eligibility requirements of 
this subsection may serve as an independent medical examiner for 
a claim if agreed to by the parties to that claim.' 
Page l-LR14l7(4) 
SENATE AMENDMENT 
SENATE AMENDMENT ..:B to S.P. 289, L.D. 881 
SUMMARY 
Current law disqualifies a physician from serving as an 
independent medical examiner if the physician has examined any 
employee during the previous 
weeks at the request of an 
insurance company, employer or employee. 
This amendment provides 
that this disqualification may be waived by a 3/4 vote of the 
Workers' Compensation Board. 
This amendment also makes technical changes to the statute. 
cd
·'-·---" .; 
~i2/')~ 
-- /f/ '// 
SPONSORED BY, 
I ~ . '!Z 
(Senator P. MILLS )-'-
. 
COUNTY: 
Somerset 
SENATE ,-AMENDMENT
An Act the Maine Workers Compensation Act of To Timely Independent Medical Examinations and Benefit
Maine Legislature, Session 122, LD 0881
Senate Amendment SA_A_S108 (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) 
,.,. 
~. 
L.D. 881 
) 
DATE: 4· ~B ·06 
(Filing No. S-
Reproduced and distributed under the direction of the Secretary 
of the Senate. 
SENATE 
To 
Amend 
Facilitate 
Payments" 
SENATE 
I22ND LEGISLATURE 
AMENDMENT ,A" to S.P. 289, L.D. 881, Bill, "An Act 
the 
Maine 
Workers' 
Compensation 
Act 
of 
1992 
To 
Timely Independent Medical Examinations and Benefit 
Amend the bill by striking out all of section 1 (page 1, 
lines 3 to 18 in L.D.) and inserting in its place the following: 
'Sec. I. 39·A MRSA §3I2, sub·§2, as amended by PL 2005, c. 24, 
§l, is further amended to read: 
2. 
Eligibility. 
Aa--iaQepeaQeat--meQiea.--eHamiae~--sRa •• 
~eaQ6F-~~--~~~-ea-~~~~~-eeaQitiea-~-~-emp.eyee 
aaQ--~~~~-~--&&--6peeifieQ--~--~~--seetieaT 
The 
independent medical examiner in a case may not be the employee's 
treating health care provider and 
may not have treated the 
employee with respect to the injury for which the claim is being 
made or the benefits are being paid. 
Nothing in this subsection 
precludes the selection of 
a 
provider authorized to 
receive 
reimbursement under section 206 to serve in the capacity of an 
independent medical examiner. 
Ya.ess-a~~ee4-~~-~h&-paF~iesT 
a A physician who 
has examined an employee on more than 20 
occasions at the request of an insurance company, employer or 
employee in accordance with section 207 during the previous 52 
weeks is not eligible to serve as an independent medical examiner 
unless that physician is approved for inclusion on the list 
created pursuant to subsection 1 by a vote of 3/4 of the total 
membership of the board. 
A physician who does not meet the eligibility requirements of 
this subsection may serve as an independent medical examiner for 
a claim if agreed to by the parties to that claim.' 
Page l-LR1417(3) 
SENATE AMENDMENT 
~C:: 
... 
SENATE AMENDMENT 
to S. P. 289, L . D. 881 
SUMMARY 
This amendment disqualifies a physician from serving as an 
independent medical examiner if the physician has examined any 
employee more than 20 times during the previous 52 weeks at the 
request of an insurance company, 
employer or employee. 
This 
disqualification may be waived by a 3/4 vote of the Workers I 
Compensation Board. 
This amendment also makes technical changes to the statute. 
1;1/i 
SPONSORED BY: 
~ ztl 
(Senator P. MILLS) 
COUNTY: 
Somerset 
SENATE AMENDMENT
An Act To
Maine Legislature, Session 122, LD 0881
House Amendment HA_A_H399 (House)
Amends: 39-A MRSA §312

HOUSE AMENDMENT "H" to S.P. 289, L.D. 881, Bill, "An Act To 
Amend the Maine Workers' Compensation Act of 1992 To Facilitate 
Timely Independent Medical Examinations and Benefit Payments" 
Amend the bill by striking out all of section 1 (page L 
lines 3 to 18 in L.D.) and inserting in its place the following: 
• Sec. 1. 39-A MRSA §312. sub-§2, as amended by PL 2005, c. 24, 
§l, is further amended to read: 
2. 
Eligibility. 
AR--iRQe~eRQeRt--meQiea~--eHamiRe~--6Ra±± 
~eRQe~-~~--~~~~~-9R-~~~1Ga~-e9aQiti9a-~-~-em~±9yee 
aRQ--~~&&G--~-a~--6~eei~ieQ--~aG&r-~~~-~~~~~'---~Re b~ 
independent medical examiner in a case may not be the employee's 
treating health care provider and 
may 
not 
have treated the 
employee with respect to the injury for which the claim is being 
made or the benefits are being paid. 
Nothing in this subsection 
precludes 
the selection of 
a 
provider authorized to 
receive 
reimbursement under section 206 to serve in the capacity of an 
independent medical examiner. 
YR~ess-a~~ee~-~~-~~-~aFtie6T 
a h. physician who has examined an employee at the request of an 
insurance 
company, 
employer 
or 
employee 
in 
accordance 
with 
section 207 during the previous 52 weeks is not eligible to serve 
as 
an 
independent medical 
examiner unless that physician is 
approved for inclusion on the list created pursuant to subsection 
by a vote of 3/4 of the total membership of the board. 
A physician who does not meet the eligibility reguirements of 
this subsection may serve as an independent medical examiner for 
a claim if agreed to by the parties to that claim.' 
Page l-LR14l7(6) 
:,;HOUSE AMENDMENT 
.~ 
q,. 
HOUSE AMENDMENT .. If, to S.P. 289, L.D. 881 
SUMMARY 
Current law disqualifies 
a 
physician from serving as 
an 
independent medical examiner if the physician has examined any 
employee during the previous 
weeks at the request of an 
insurance company, employer or employee. 
This amendment provides 
that this disqualification may be waived by a 3/4 vote of the 
Workers' Compensation Board. 
This amendment also makes technical changes to the statute. 
SPONSORED BY: 
(Representative SAVIELLO) 
TOWN: 
Wilton 
HOUSE AMENDMENT
An Act To Ensure Fair Distribution of Matching Funds under the Maine Clean Election Act
Maine Legislature, Session 122, LD 0882
Committee: Legal and Veterans Affairs
Sponsors: PERRY, PATRICK, MITCHELL, BLANCHETTE, TUTTLE

Legislative Document 
No. 882 
S.P.290 
In Senate, February 22,2005 
An Act To Ensure Fair Distribution of Matching Funds under the 
Maine Clean Election Act 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Senator PERRY of Penobscot. 
Cosponsored by Representative PATRICK of Rumford and 
JOY 1. O'BRIEN 
Secretary of the Senate 
Senator: MITCHELL of Kennebec, Representatives: BLANCHETTE of Bangor, TUTTLE of 
Sanford. 
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 clarify when expenditures need to be 
reported and improve the enforcement power of the Commission on 
Governmental Ethics and Election Practices in order to ensure 
fair and timely distribution of matching funds under the Maine 
Clean Election Act. 
Page l-LR1920(1)
An Act To Amend the Maine Workers' Compensation Act of 1992 To Facilitate Timely Independent Medical Examinations and Benefit Payments
Maine Legislature, Session 122, LD 0881
Committee: Labor
Sponsors: MAYO, SHIELDS
Amends: 39-A MRSA §312

Legislative Document 
No. 881 
S.P.289 
In Senate, February 22, 2005 
An Act To Amend the Maine Workers' Compensation Act of 1992 
To Facilitate Timely Independent Medical Examinations and 
Benefit Payments 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Senator MAYO of Sagadahoc. 
Cosponsored by Representative: SHIELDS of Auburn. 
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. 39-A MRSA §312, sub-§2, as enacted by PL 1991, c. 885, 
Pt. A, §8 and affected by §§9 to 11, is amended to read: 
2. 
Duties. 
An independent medical examiner shall render 
medical findings on the medical condition of an employee and 
related issues as specified under this section. 
The independent 
medical examiner in a case may not be the employee's treating 
health care provider and may not have treated the employee with 
respect to the injury for which the claim is being made or the 
benefits are being paid. 
Nothing in this subsection precludes 
the selection of a provider authorized to receive reimbursement 
under section 206 to serve in the capacity of an independent 
medical examiner. 
A physician who has examined aa the employee 
at the request of an insurance company, employer or employee in 
accordance with section 207 during the previous 52 weeks is not 
eligible to serve as an independent medical examiner. 
SUMMARY 
The 
purpose 
of 
this bill is 
to 
expand 
the 
number 
of 
qualified medical 
professionals 
who 
are eligible 
to 
perform 
independent 
and 
more 
timely 
medical 
assessments 
relating 
to 
workers' compensation medical benefits. 
In a recent case, Lydon v. Sprinkler Services, 841 A2d 793 
(Me. 
2004), 
the 
Law 
Court 
concluded that the 
Maine 
Revised 
Statutes, Title 39-A, section 312, subsection 2 precludes the use 
of 
a 
physician 
as 
an 
independent 
medical 
examiner 
if that 
physician has examined any employee, 
not merely the employee 
whose 
case is at issue. 
This bill specifies that it is 
a 
physician who examines "the" employee, not any employee, at the 
request of an insurance company during the previous 52 weeks who 
is prohibited from serving as an independent medical examiner. 
Page l-LRI417(1)
An Act To Require All School Administrators To Spend Time Weekly in the Classroom with Students
Maine Legislature, Session 122, LD 0883
Committee: Education and Cultural Affairs
Sponsors: CLUKEY, SHERMAN, COURTNEY, DAVIS, SAVAGE, CARR, GERZOFSKY, JOY, THOMAS
Amends: 20-A MRSA §2

Legislative Document 
No. 883 
S.P.291 
In Senate, February 22,2005 
An Act To Require All School Administrators To Spend Time 
Weekly in the Classroom with Students 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
Presented by Senator CLUKEY of Aroostook. (BY REQUEST) 
Cosponsored by Representative SHERMAN of Hodgdon and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: COURTNEY of York, DAVIS of Piscataquis, SAVAGE of Knox, Representatives: 
CARR of Lincoln, GERZOFSKY of Brunswick, JOY of Crystal, THOMAS of Ripley. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRSA §2, sub-§4 is enacted to read: 
4. 
Lifelong commitment to teaching. 
It is the intent of 
the Legislature that those involved in public schools 
remain 
committed and involved with students in the classroom during 
their careers in education. 
All persons holding supervisory or 
managerial positions in public schools with certification in the 
State shall 
spend_ at least 30 
minutes per week 
teaching or 
supervising students in an elementary, 
middle or high school 
classroom. 
For the purpose of this section, 
"supervisory or 
managerial positions" includes the commissioner and all deputies, 
assistants. 
bureau 
heads, 
super intendents, 
assistant 
superintendents. principals and assistant principals. 
Sec. 2. Rulemaking. 
The State Board of Education shall adopt 
rules 
to 
include 
the 
requirement 
of 
lifelong 
commitment 
to 
teaching pursuant to the Maine Revised Statutes, Title 20-A, 
section 2, subsection 4 for supervisory or managerial positions 
in the certification requirement for those positions. 
SUMMARY 
This 
bill 
requires 
including the Commissioner 
minutes 
per 
week 
in 
the 
students. 
Certification of 
school 
administrative 
officials, 
of Education, to spend at least 30 
classroom 
teaching 
or 
supervising 
those officials will be contingent 
upon fulfilling this requirement. 
Page l-LR0437(l)
An Act To Protect Motherhood
Maine Legislature, Session 122, LD 0884
Committee: Judiciary
Sponsors: EDMONDS, RICHARDSON, BROMLEY, DIAMOND, MILLS, FAIRCLOTH, GREELEY, GROSE, MUSE, PELLETIER-SIMPSON
Amends: 19-A MRSA §4013, 22 MRSA §3028, 17-A MRSA §1251

Legislative Document 
No. 884 
S.P.292 
In Senate, February 22,2005 
An Act To Protect Motherhood 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by President EDMONDS of Cumberland. 
Cosponsored by Speaker RICHARDSON of Brunswick and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: BROMLEY of Cumberland, DIAMOND of Cumberland, MILLS of Somerset, 
Representatives: FAIRCLOTH of Bangor, GREELEY of Levant, GROSE of Woolwich, 
MUSE of Fryeburg, PELLETIER-SIMPSON of Auburn. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-I. 19-A MRSA §4013, sub-§4, ~C, as amended by PL 2001, 
c. 240, §2, is further amended to read: 
C. 
The panel shall collect and compile data related to 
domestic and sexual abuse, including data relating to deaths 
resulting from domestic abuse when the victim was pregnant 
at the time of death. 
Sec. A-2. 22 MRSA §3028, sub-§12 is enacted to read: 
12. 
Report to domestic abu~e1. If the Chief Medical 
Examiner determines that a death resulted from criminal conduct 
and that the victim was pregnant at the time of death, the Chief 
Medical Examiner shall send a copy of any report prepared under 
this section to the Domestic Abuse Homicide Review Panel created 
pursuant to Title 19-A. section 4013. 
PARTB 
Sec. B-1. 17-A MRSA §1251, 2nd ~, as enacted by PL 1999, c. 
536, §l, is amended to read: 
In setting the length of imprisonment, if the victim is a 
child who had not in fact attained the age of 6 years at the time 
the crime was committed or if the victim is a woman that the 
convicted person knew or should have known to be in fact pregnant 
at the time the crime was committed, a court shall assign special 
weight to this objective fact in determining the basic sentence 
in the first step of the sentencing process. 
The court shall 
assign 
special 
weight 
to 
any 
SUbjective 
victim 
impact 
in 
determining the final sentence in the 2nd and final step in the 
sentencing process. 
Nothing in this paragraph may be construed 
to restrict a court in setting the length of imprisonment from 
considering the age of the victim in other circumstances when 
relevant. 
SUMMARY 
This bill adds to the duties of the Maine Commission on 
Domestic and Sexual Abuse. 
It requires the commission's Domestic 
Abuse Homicide Review Panel to collect and review data relating 
to the death of a pregnant woman when death results from criminal 
Page l-LR1211(1) 
conduct. 
The bill requires the Chief Medical Examiner to send 
copies of reports of such cases to the panel. 
The bill also requires a court, when 
murder of a woman that the person knew or 
pregnant, 
to 
give 
special 
weight 
to 
pregnancy. 
sentencing a person for 
should have known to be 
the 
existence 
of 
the
An Act To Protect Motherhood
Maine Legislature, Session 122, LD 0884
Committee Amendment CA_A_S139 (Senate)
Amends: 17-A MRSA §1252

COMMITTEE AMENDMENT "A to S . P . 
292, L.D. 884, Bill, 
Act To Protect Motherhood" 
"An 
Amend 
the bill in Part B in section 1 in the indented 
paragraph in the 4th line (page I, line 32 in L.D.) by striking 
out the following: "should have known" and inserting in its place 
the following: 'had reasonable cause to believe' 
Further amend the bill in Part B by inserting after section 
the following: 
'Sec. B-2. 17-A MRSA §1252, sub-§5-C is enacted to read: 
5-C. 
In using a sentencing alternative involving a term of 
imprisonment for 
a 
person convicted of the attempted murder, 
manslaughter, elevated aggravated assault or aggravated assault 
of a woman that the convicted person knew or had reasonable cause 
to believe to be in fact pregnant at the time the crime was 
committed, a court shall assign special weight to this objective 
fact in determining the basic term of impriSOnment as the first 
step in the sentencing process. 
The court shall assign special 
weight to any sUbjective victim impact in determining the maximum 
period of 
incarceration in the 
2nd 
step in the 
sentencing 
process. 
The court may not suspend that portion of the maximum 
term of imprisonment based on objective or subjective victim 
impact in arriving at the final sentence as the 3rd step in the 
sentencing process. 
Nothing in this subsection may be construed 
to restrict a court in setting a sentence from considering the 
fact that the victim was pregnant in other circumstances when 
relevant. ' 
COMMITTEE AMENDMENT 
'r 
"~ ti· 
COMMITTEE AMENDMENT ,,~, to S.P. 292, L.D. 884 
SUMMARY 
The bill requires special consideration when sentencing a 
person convicted of murder when the victim was a woman that the 
convicted person 
knew 
or 
should have 
known 
to 
be 
in fact 
pregnant. 
This amendment 
rewords the consideration to apply 
when the convicted person knew or had reasonable cause to believe 
that the victim was pregnant. 
This amendment also requires that same consideration for the 
crimes of attempted murder, 
manslaughter, 
elevated aggravated 
assault and aggravated assault. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
" 
Fiscal Detail and Notes 
Approved: 04126/05 frac 
LD884 
LR 1211(02) 
An Act To Protect Motherhood 
Fiscal Note for Bill as Amended by Committee Amendment ,A, 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
The additional costs associated with reporting to the domestic abuse review panel and other required duties can be 
absorbed by the Department of the Attorney General utililizing existing budgeted resources. 
LR1211(2) - Fiscal Note - Page 1 of 1
An Act To Require Guardians ad Litem To Receive Counseling Training
Maine Legislature, Session 122, LD 0894
Committee: judiciary
Sponsors: SNOWE-MELLO, VAUGHAN, COURTNEY, BIERMAN, BRYANT-DESCHENES, CEBRA, DUGAY, THOMAS
Amends: 22 MRSA §4005

Legislative Document 
No. 894 
S.P.302 
In Senate, February 22,2005 
An Act To Require Guardians ad Litem To Receive Counseling 
Training 
Reference to the Committee on judiciary suggested and ordered printed. 
Presented by Senator SNOWE-MELLO of Androscoggin. 
Cosponsored by Representative VAUGHAN of Durham and 
JOY 1. O'BRIEN 
Secretary of the Senate 
Senator: COURTNEY of York, Representatives: BIERMAN of Sorrento, BRYANT-
DESCHENES of Turner, CEBRA of Naples, DUGAY of Cherryfield, THOMAS of Ripley. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 22 MRSA §4005, sub-§I"H is enacted to read: 
H. 
The State Court Administrator shall provide counseling 
training to every guardian ad litem before appointment by a 
court. 
SUMMARY 
This bill requires the State Court Administrator to provide 
counseling training to guardians ad litem.
An Act To Expand the Authority of Maine's Lobster Management Policy Councils
Maine Legislature, Session 122, LD 0895
Committee: Marine Resources
Sponsors: DAMON, PINGREE, EDMONDS, SULLIVAN, EMERY, PERCY, WHEELER

Legislative Document 
No. 895 
S.P.303 
In Senate, February 22, 2005 
An Act To Expand the Authority of Maine's Lobster Management 
Policy Councils 
Reference to the Committee on Marine Resources suggested and ordered printed. 
Presented by Senator DAMON of Hancock. 
Cosponsored by Representative PINGREE of North Haven and 
JOY 1. O'BRIEN 
Secretary of the Senate 
Senators: President EDMONDS of Cumberland, SULLIVAN of York, Representatives: 
EMERY of Cutler, PERCY of Phippsburg, WHEELER of Kittery. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRS A §6447, sub-§5-C is enacted to read: 
5-C. 
Lobste~~~~e~nt 
policy 
council 
authori~ 
Notwithstanding any other provision in this subchapter, 
upon 
approval in a referendum under subsection 6, a lobster management 
policy council as defined in rules adopted by the commissioner 
may propose to the commissioner rules for a lobster management 
policy council that do any or all of the following: 
A. 
Increase 
the 
length of 
time 
an 
apprentice must 
be 
enrolled in the apprentice program up to a maximum of 5 
years. 
A rule that increases the length of enrollment does 
not apply to apprentices enrolled in the program at the time 
that rule takes effect: 
B. 
Require a sponsor of an apprentice to have held a Class 
L 
Class II or Class III lobster and crab fishing license 
for at least 5 years: and 
C. 
Require 
that 
a 
person 
who 
has 
completed 
an 
apprenticeship may enter a particular lobster zone only if 
the apprentice apprenticed in that zone. 
SUMMARY 
This bill expands 
the lobster management policy council 
authority to propose rules, upon approval in a referendum in the 
management zone in which the rules would apply, to increase the 
length of time an apprentice must be enrolled in the apprentice 
program up to a maximum of 5 years; to specify that a sponsor of 
an apprentice must have held a Class I, Class II or Class III 
lobster and crab fishing license for at least 5 years; and to 
require that a person who completed an apprenticeship may enter a 
particular lobster zone only if the apprentice apprenticed in 
that zone. 
Page l-LR1987(1)
An Act To Encourage State Employees To Continue Employment
Maine Legislature, Session 122, LD 0896
Committee: Labor
Sponsors: PERRY, JACKSON, BRENNAN, EDMONDS, MILLS, STRIMLING, CLARK, DAVIS, DUPLESSIE, TUTTLE

Legislative Document 
No. 896 
S.P.304 
In Senate, February 22, 2005 
An Act To Encourage State Employees To Continue Employment 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Senator PERRY of Penobscot. 
Cosponsored by Representative JACKSON of Fort Kent and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: BRENNAN of Cumberland, President EDMONDS of Cumberland, MILLS of 
Somerset, STRIMLING of Cumberland, Representatives: CLARK of Millinocket, DAVIS of 
Falmouth, DUPLESSIE of Westbrook, TUTTLE of Sanford. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 
Clarification of rule governing retirees returning to 
employment after retirement with same employer. 
The Maine State 
Retirement System shall amend Chapter 410 of its ru1.es entitled 
"Retirees Returning to Employment After Retirement With the Same 
Employer" to make explicit the fact that a participant in the 
Maine State Retirement System who has reached normal retirement 
age may retire and begin receiving state retirement benefits and 
then 
may 
return to 
employment with the 
same 
employer 
while 
receiving those benefits. 
Rules adopted pursuant to this section 
are routine technical 
rules as defined in the 
Maine 
Revised 
Statutes, Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This bill directs the Maine State Retirement System to amend 
its rules to clarify that a participant in the system who has 
reached normal retirement age 
may retire and begin receiving 
state retirement benefits and then may return to employment with 
the same employer while receiving those retirement benefits. 
Page l-LR1839(l)
An Act To Improve the Quality of Kindergarten Education in Maine Fiscal Detail and Notes
Maine Legislature, Session 122, LD 0897
Committee Amendment CA_A_S106 (Senate)

COMMITTEE AMENDMENT "A· to S.P. 305, L.D. 897, Bill, 
Act To Improve the Quality of Kindergarten Education in Maine" 
Amend the bill by inserting after section 2 the following: 
"An 
. Sec. 3. Effective date. 
This Act takes effect January 1, 2006.' 
SUMMARY 
This amendment is the minority report. 
It adds an effective 
date of January 1, 2006. 
FISCAL NOTE REQIDRED 
(See attached) 
Page l-LR0910(2) 
COMMITTEE AMENDMENT 
Approved: 04/11105 *ac:. 
LD897 
LR 0910(02) 
An Act To Improve the Quality of Kindergarten Education in Maine 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment A 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium savings - General Fund 
This legislation may reduce the amount of State subsidy distributed to local school administrative units from the 
General Purpose Aid for Local Schools program within the Department of Education. The impact to individual school 
units is not expected to be significant. 
LR0910(2) - Fiscal Note - Page 1 of 1
An Act To Improve the Quality of Kindergarten Education in Maine
Maine Legislature, Session 122, LD 0897
Committee: Education and Cultural Affairs
Sponsors: NUTTING, MITCHELL, MAKAS
Amends: 20-A MRSA §5201

Legislative Document 
No. 897 
S.P.305 
In Senate, February 22,2005 
An Act To Improve the Quality of Kindergarten Education in Maine 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
Presented by Senator NUTTING of Androscoggin. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Senator: MITCHELL of Kennebec, Representative: MAKAS of Lewiston. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRSA §5201, sub-§2, ~B, as amended by PL 1993, c. 
201, §1, is further amended to read: 
B. 
A person who will be at least 5 years old on GSEeaet 
leEH ~tember 1st of the school year may enroll in school. 
Sec. 2. 20-A MRSA §5201, sub-§2, ~C, as enacted by PL 1981, c. 
LO 
693, §§5 and 8, is amended to read: 
C. 
A person who will be at least 4 years old on GSEeaet 
leEH September 1st of the school year may enroll in a 2-year 
childhood education program prior to grade one if it is 
offered. 
SUMMARY 
This bill changes the date of when a person must be 5 years 
of age to enroll in school from October 15th to September 1st. 
It also changes the date of when a person must be 4 years of age 
to enroll in a childhood education program prior to grade one 
from October 15th to September 1st.
An Act To Preserve Dirigo Health
Maine Legislature, Session 122, LD 0898
Committee: Insurance and Financial Services
Sponsors: COURTNEY

Legislative Document 
No. 898 
S.P.306 
In Senate, February 22, 2005 
An Act To Preserve Dirigo Health 
Reference to the Committee on Insurance and Financial Services suggested and ordered 
printed. 
Presented by Senator COURTNEY of York. 
Printed on recycled paper 
JOY 1. O'BRIEN 
Secretary of the Senate 
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 make the following changes to the laws 
governing health insurance and the Dirigo Health program: 
1. 
It would require that, rather than contracting out for 
health insurance services, Dirigo Health offer health insurance 
provided by a private health insurance company that would be 
modeled on Maine Employers' Mutual Insurance Company; 
2. 
It would require that premiums for health insurance 
under Dirigo Health be set at 5% of the individual's income; 
3. 
It would repeal guaranteed issue requirements; 
4. 
It would create a high-risk pool; 
5. 
It would establish a schedule of required copayments for 
health care services; 
6. 
It would repeal all state-mandated health insurance 
coverage; 
7. 
It would require the Executive Director of Dirigo Health 
to maximize use of Medicaid funds; 
8. 
It 
would 
ensure 
portability 
of 
health 
insurance 
policies; and 
9. 
It would provide that payments for health insurance be 
tax deductible. 
Page l-LR0504(1)
Resolve, Directing the Department of Transportation To Erect Signs on the Maine Turnpike Directing Motorists to "Historic Downtown Saco
Maine Legislature, Session 122, LD 0899
Committee: Transportation
Sponsors: HOBBINS, VALENTINO, SULLIVAN, PILON

Legislative Document 
No. 899 
S.P.307 
In Senate, February 22,2005 
Resolve, Directing the Department of Transportation To Erect Signs 
on the Maine Turnpike Directing Motorists to "Historic Downtown 
Saco" 
Reference to the Committee on Transportation suggested and ordered printed. 
Presented by Senator HOBBINS of York. (BY REQUEST) 
Cosponsored by Representative VALENTINO of Saco and 
Senator: SULLIVAN of York, Representative: PILON of Sa co. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Sec. 
1. 
"Historic 
Downtown 
Saco." 
Resolved: 
That 
the 
Department of Transportation shall erect signs at the Saco exit 
on 
the 
Maine 
Turnpike 
to 
indicate 
directions 
to 
"Historic 
Downtown Saco." 
SUMMARY 
This resolve directs the Department of Transportation to 
erect directional signs to indicate to motorists on the Maine 
Turnpike how to reach historic downtown Saco. 
Page l-LR13 3 5 (1) 
'.
Maine Legislature, Session 122, LD 0902
Committee Amendment CA_A_S266 (Senate)

COMMITTEE AMENDMENT "A to S.P. 310, L.D. 902, "RESOLUTION, 
Proposing an Amendment to the Constitution of Maine To Change the 
Method of Calculating Property Values To Preserve Home Ownership 
in Maine" 
Amend the bill by incorporating the attached fiscal note. 
SUMMARY 
This amendment incorporates a fiscal note. 
COMMITTEE AMENDMENT 
• 
Approved: 05/20/05 hac:. 
LD902 
0010(02) 
RESOLUTION, Proposing an Amendment to the Constitution of Maine To Change the Method of 
Calculating Property Values to Preserve Home Ownership in Maine 
Referendum Costs 
Fiscal Note for Bill as Amended by Committee Amendment ~' 
Committee: Taxation 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - General Fund 
MonthN ear 
Election Type 
Question 
Nov-OS 
General 
Referendum 
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. 
LROOIO(2) - Fiscal Note - Page 10f 1 
""",
An Act To Require That Municipal and County Spending Be Tracked and Analyzed by the State Planning Office
Maine Legislature, Session 122, LD 0900
Committee: State and Local Government
Sponsors: MILLS

Legislative Document 
No. 900 
S.P.308 
In Senate, February 22,2005 
An Act To Require That Municipal and County Spending Be 
Tracked and Analyzed by the State Planning Office 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Senator MILLS 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. S MRS A §330S. sub-§I. ,N. as amended by PL 1997, c. 
393, Pt. B, §4, is further amended to read: 
N. 
Coordinate the development of solid waste management 
policy including: 
(1) 
Collecting and analyzing solid waste management 
and recycling data from all available sources including 
commercial and municipal entities: 
(2) 
Preparing a solid waste management and 
plan 
to 
be 
submitted 
to 
the 
Governor 
Legislature 
by 
January 
1, 
1998 
and 
every 
thereafter: and 
recycling 
and 
the 
years 
(3) 
Providing 
municipalities 
activities; aBEl 
technical 
in 
waste 
and financial 
reduction 
assistance to 
and 
recycling 
Sec. 2. S MRSA §3305, sub-§I, ,0, as enacted by PL 1995, c. 
625, Pt. A, §10, is amended to read: 
O. 
Own, 
design, 
develop 
or 
operate, 
or 
contract with 
private parties to operate, a solid waste disposal facility, 
as provided in Title 38, chapter 24, subchapter IVT 4; and 
Sec.3. S MRSA §330S, sub-§l,'P is enacted to read: 
P. 
Collect all municipal and county spending data. 
The_ 
State 
Planning 
Office 
shall 
adopt 
rules 
requiring 
municipalities 
and 
counties 
to 
submit 
spending data 
in 
uniform 
formats 
approved 
by 
the 
United 
States 
Census 
Bureau. 
Rules 
adopted 
pursuant 
to 
this 
paragraph 
are 
routine 
technical 
rules 
as 
defined 
in 
chapter 
375, 
subchapter 2-A. 
Sec. 4. Selling of spending data: review. 
By January 1, 2006, the 
Executive Department, 
State Planning Office shall 
review the 
option of selling the data collected pursuant to 
the 
Maine 
Revised Statutes, Title 5, section 3305, subsection 1, paragraph 
P to federal agencies, including the United States Census Bureau, 
and other state agencies and report its findings on this matter 
to the Joint Standing Committee on State and Local Government. 
Page l-LRll59(1) 
SUMMARY 
This bill requires the Executive Department, State Planning 
Office 
to 
collect all 
municipal 
and 
county 
spending 
data. 
Municipal and county governments will be required to submit data 
in formats approved by the United States Census Bureau. 
The 
State Planning Office is required to review selling the data and 
report its findings to the Joint Standing Committee on State and 
Local Government.