An Act Making Unified Appropriations and Allocations for the Expenditures of State Government, General Fund and Other Funds, and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2006 and June 30, 2007
Maine Legislature, Session 122, LD 0468
Committee Amendment CA_A-SA_V_S56 (Senate)
Amends: 2 MRSA §6, 29-A MRSA §2081, 20-A MRSA §3252, 20-A MRSA §3253-A

SENATE 
AMENDMENT "\(" to COMMITTEE 
AMENDMENT 
"A" to H. P. 
343, L.D. 468, Bill, "An Act Making Unified Appropriations and 
Allocations for the Expenditures of State Government, 
General 
Fund and Other Funds, and Changing Certain Provisions of the Law 
Necessary to the Proper Operations of State Government for the 
Fiscal Years Ending June 30, 2006 and June 30, 2007" 
Amend the amendment by striking out all of the emergency 
preamble. 
Further amend the amendment in Part U in section 1 in the 
indented 
paragraph 
in 
the 
2nd 
line 
(page 
229, 
line 
in 
amendment) by striking out the following: "1991-92" and inserting 
in its place the following: 
'~99~-96 2005-06' 
Further amend the amendment in Part PP in section 1 
by 
striking out all of the first 2 lines (page 277, lines 27 to 29 
in amendment) and inserting in their place the following: 
'Sec. PP-l. 5 MRSA c.165 is enacted to read: 
CHAPTER 165' 
Further amend the amendment in Part PP in section 1 in that 
part designated "§2001." by striking out all of the first line 
(page 277, line 33 in amendment) and inserting in its place the 
following: 
, §2031. 
Pharmaceutical Cost Management Council' 
Further amend the amendment in Part PP in section 2 in 
subsection 14-E in the 2nd line (page 279, line 44 in amendment) 
Page l-LR2149(26) 
SENATE AMENDMENT 
~ •• 
SENATE 
AMENDMENT .y" to COMMITTEE 
AMENDMENT "A" to H.P. 
L.D. 468 
343, 
by striking out the following: "§2001" and inserting in its place 
the following: .~. 
Further amend the amendment in Part SS by inserting after 
section 1 the following: 
· Sec. SS-2. 2 MRSA §6, sub-§3, as repealed and replaced by PL 
1999, c. 259, §2, is amended to read: 
3. 
Range 
89. 
The 
salaries 
of 
the 
following 
state 
officials and employees are within salary range 89: 
Director, Bureau of General Services; 
Director, 
Operations; 
Bureau 
of 
Alcoholic 
State Budget Officer; 
State Controller; 
Director of the Bureau of Forestry; 
Chief of the State Police; 
Director, State Planning Office; 
Director, Energy Resources Office; 
Director of Human Resources; 
Beverages 
Director, Bureau of Children with Special Needs; 
and 
Lottery 
Commissioner of Defense, Veterans and Emergency Management; 
Director, Bureau of Parks and Lands; ~ 
Director of Econometric Research.' 
Further amend the amendment in Part AAA by striking out all 
of sections 1, 2 and 3 and inserting in their place the following: 
· Sec. AAA-l. 29-A MRSA §2081, sub-§2, as amended by PL 200l, 
c. 585, §2 and affected by §6, is further amended to read: 
2. 
Children under 40 pounds. 
When a child who weighs less 
than 40 pounds is being transported in a motor vehicle that is 
required by the United States Department of Transportation to be 
SENATE AMENDMENT 
~,,. 
SENATE AMENDMENT "\I,, to COMMITTEE 
AMENDMENT "A" to H.P. 
L.D. 468 
343, 
equipped with safety seat belts, the 
properly 
secured 
in 
accordance 
instructions 
in 
a 
child 
safety 
subsection is a traffic infraction 
the first offense. $125 for the 2nd 
operator must have the child 
with 
the 
manufacturer's 
seat. 
Violation 
of 
this 
for which a fine of $50 for 
offense and $250 for the 3rd 
and subseguent offenses must be imposed. 
A fine imposed under 
this subsection may not be suspended by the court. 
Sec. AAA-2. 29-A MRSA §2081, sub-§3, as amended by PL 2003, 
c. 380, §§2 and 3 and affected by §5, is further amended to read: 
3. 
Passengers less 
than 18 years of age. 
Except 
as 
provided in subsection 2, 
the following prov1s10ns 
apply to 
passengers less than 18 years of age riding in a vehicle that is 
required by the United States Department of Transportation to be 
equipped with seat belts. 
Violation of this subsection is a 
traffic infraction for which a fine of $50 for the first offense. 
$125 for the 2nd offense and $250 for the 3rd and subseguent 
offenses must be imposed. 
A fine imposed under this subsection 
may not be suspended by the court. 
A. 
The operator shall ensure that a child who weighs at 
least 40 pounds but less than 80 pounds and who is less than 
years of age is properly secured in a federally approved 
child restraint system. 
Nonprofit, municipal or contracted 
transportation 
service 
providers 
are 
exempt 
from 
this 
paragraph until February 1, 2005, except that the operator 
shall ensure that the child is properly secured in a seat 
belt. 
B. 
The operator shall ensure that a child who is less than 
years of age and at least 8 years of age or who is less 
than 18 years of age and more than 4 feet, 
inches in 
height is properly secured in a seat belt. 
C. The operator shall ensure that a child who is less than 
years of age and who weighs less than 100 pounds is 
properly secured in the rear seat of a vehicle, if possible. 
Sec. AAA-3. 29-A MRSA §2081, sub-§3-A, as amended by PL 1997, 
c. 450, §2, is further amended to read: 
3-A. 
Other 
passenqers 
years 
of 
age 
and 
older; 
operators. 
When a person 18 years of age or older is a passenger 
in a vehicle that is required by the United States Department of 
Transportation to be equipped with seat belts, the passenger must 
be properly secured in a seat belt. 
Each such passenger is 
responsible 
for 
wearing 
a 
seat 
belt 
as 
required 
by 
this 
subsection, and a passenger that fails to wear a seat belt as 
required 
by 
this 
subsection 
is 
subject 
to 
the 
enforcement 
SENATE AMENDMENT 
~.~ 
SENATE AMENDMENT "Y" to COMMITTEE 
AMENDMENT 
"A" to H. P . 
L.D. 468 
343, 
provisions of subsection 4. 
The operator of a vehicle that is 
required by the United States Department of Transportation to be 
equipped with seat belts must be secured in the operator's seat 
belt. 
Violation of this subsection is a traffic infraction for 
which a fine of $50 for the first offense, $125 for the 2nd 
offense and $250 for the 3rd and subseguent offenses must be 
imposed. 
A fine 
imposed 
under 
this 
subsection 
may 
not 
be 
suspended by the court.' 
Further amend the amendment in Part AAA by striking out all 
of section 7 and inserting in its place the following: 
'Sec. AAA-7. Appropriations and allocations. 
appropriations and allocations are made. 
HEALTH AND IlUMAH SERVICES, DEPARTMENT OF 
Medical Care -
Payment to Providers 
The 
following 
Initiative: 
Restores funding that was deappropriated in Part B 
due to the primary enforcement of seat belt statutes. 
GENERAL FlIND 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDI"mRES FlIND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
REALm ARD BUMAR SERVICES, DEPARTMENT OF 
DEPAB'DIElI7 TOrALS 
GENERAL FlIND 
FEDERAL EXPENDITURES FORD 
DEPA.Jn'ME117 l:OTAL -
ALL FOIIDS 
SECTION' 'l'OrALS 
GEBERAL FOIID 
FEDERAL EXPENDITURES FORD 
SECTI<B "l'OTAL -
ALL FOIIDS 
2005-06 
$133,000 
$133,000 
2005-06 
$248,855 
$248,855 
2005-06 
$133,000 
$248,855 
$381,855 
2005-06 
$133,000 
$248,855 
$381,855 
2006-07 
$181,000 
$181,000 
2006-07 
$338,667 
$338,667 
2006-07 
$181,000 
$338,667 
$519,667 
2006-07 
$181,000 
$338,667 
$519,667' 
Further amend the amendment in Part DDD in section 17 in the 
last line (page 340, line 47 in amendment) by striking out the 
following: "transactions occurring" and inserting in its place 
SENATE AMENDMENT 
~6~ 
SENATE 
AMENDMENT "\(" to COMMITTEE 
AMENDMENT 
"A" to H.P. 
L.D. 468 
343, 
the following: 
'assets received by the MaineCare recipient's 
spouse or child' 
Further amend the amendment in Part III by striking out all 
of section 40. 
Further amend the amendment in Part III by striking out all 
of section 47. 
Further amend the amendment in Part 000 by striking out all 
of section 1. 
Further amend the amendment in Part 000 in section 2 in the 
4th line (page 367, line 4 in amendment) by striking out the 
following: "shall" and inserting in its place the following: 'may' 
Further amend the amendment in Part 000 in section 2 in 
subsection 1 in the first line (page 367, line 8 in amendment) by 
striking out the following: "shall evaluate" and inserting in its 
place the following: 'may evaluate anyone or more of' 
Further amend the amendment in Part 000 in section 2 in 
subsection 2 by striking out all of paragraphs D to F (page 368, 
lines 22 to 33 in amendment) and inserting in their place the 
following: 
'D. 
What additional data should be collected regarding the 
various programs and to whom the data should be reported; and 
E. 
Whether additional methods of accountability are needed 
in the program.' 
Further amend the amendment in Part 000 in section 2 in 
subsection 3 in the 2nd and 3rd lines (page 368, lines 40 and 41 
in amendment) 
by striking out the following: 
"no later than 
January 15, 2006" 
Further amend the amendment in Part JJJJ by striking out all 
of section 1. 
Further amend the amendment by inserting after Part PPPP the 
following: 
'PARTQQQQ 
Sec. QQQQ-l. 20-A MRSA §3252, sub-§4-A is enacted to read: 
4-A. 
Targeted 
funds. 
In 
addition 
to 
tuition 
rates 
calculated pursuant to chapter 
219, 
targeted funds 
for 
each 
student in the unorganized territory must be paid to the school 
SENATE AMENDMENT 
~t\· 
SENATE AMENDMENT ,~" to COMMITTEE 
AMENDMENT 
"A" to H.P. 
343, 
L.D. 468 
administrative 
unit or 
private 
school 
approved 
for 
tuition 
purposes 
that 
a 
student 
attends. 
For 
purposes 
of 
this 
subsection. "targeted funds" means those funds identified under 
essential programs and services for technology. assessment and 
kindergarten to grade 2 pursuant to section 15671, subsection 6 
and section 15681. 
Sec. QQQQ-2. 20-A MRSA §3253-A, sub-§3-A is enacted to read: 
3-A. 
Targeted 
funds. 
In 
addition 
to 
tuition 
rates 
calculated pursuant to chapter 
219. 
targeted funds 
for 
each 
student in the unorganized territory must be paid to the school 
administrative 
unit 
or 
private 
school 
approved 
for 
tuition 
purposes 
that 
a 
student 
attends. 
For 
purposes 
of 
this 
subsection. "targeted funds" means those funds identified under 
essential programs and services for technology. assessment and 
kindergarten to grade 2 pursuant to section 15671, subsection 6 
and section 15681. 
Sec. QQQQ-3. Appropriations and allocations. 
appropriations and allocations are made. 
EDUCATION, DEPAR"l'MER".l OF 
Education in the Unorqanized Territory 
0220 
The 
following 
Initiative: 
Appropriates 
funds 
for 
the 
additional 
cost 
of 
providing targeted funds, identified under essential programs and 
services for technology, assessment and kindergarten to grade 2, 
to the school administrative unit or private school that each 
student from the unorganized territory attends. 
GENERAL FUBD 
All Other 
GENERAL FUND TOTAL 
2005-06 
$412,600 
$412,600 
2006-07 
$437,356 
$437,356' 
Further amend the amendment by striking out all of the 
emergency clause. 
Further amend the amendment by 
any 
nonconsecutive 
Part 
letter 
or 
consecutively. 
SUMMARY 
relettering or renumbering 
section 
number 
to 
read 
This amendment incorporates the substance of House Amendment 
"CC" to Committee Amendment "A" (H-93) and it also removes the 
section of Committee Amendment "A" that made failure to wear a 
SENATE AMENDMENT 
SENATE 
AMENDMENT ,V" to COMMITTEE 
AMENDMENT 
"A" to H. P . 
L.D. 468 
343, 
seat belt a primary offense and thereby retains the current law 
that allows enforcement of the seat belt requirement only if the 
operator is detained for a suspected violation of another law. 
This amendment also adds an appropriation to offset the savings 
that 
had 
been 
anticipated 
through 
implementing 
the 
primary 
enforcement of seat belt requ~e 
COUNTY: 
Androscoggin 
SENATE AMENDMENT 
Approved: 03/30105 ~ae 
LD468 
LR 2149(26) 
An Act Making Unified Appropriations and Allocations for the Expenditures of State Government, 
General Fund and Other Funds, and Changing Certain Provisions of the Law Necessary to the Proper 
Operations of State Government for the Fiscal Years Ending June 30, 2006 and June 30, 2007 
Fiscal Note for Senate Amendment)(. to Committee Amendment" A" 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Revenue 
General Fund 
Fiscal Detail and Notes 
Sponsor: Sen. Rotundo 
Fiscal Note Required: Yes 
Fiscal Note 
Contingent on effective date 
2005-06 
2006-07 
$1,500,999 
$2,243,999 
$545,600 
$618,356 
($955,399) 
($1,625,643) 
This amendment will increase the General Fund cost of the bill by $1,500,999 in fiscal year 2005-06 and $2,243,999 
in fiscal year 2006-07. Based on the estimated year-end balances, this amendment maintains a balanced budget for the 
2006-2007 biennium. 
This amendment also removes the emergency preamble and the emergency clause of the bill, making it effective 90 
days after adjournment of the 122nd Legislature's First Regular Session. If this legislation becomes effective on or 
before June 30, 2005 the fiscal impact is minor. If this legislation takes effect on July 1,2005, the loss to the General 
Fund is estimated to be $2,291,663. If this legislation becomes effective after July 1,2005, no spending authority will 
be in force from July 1, 2005 until the effective date. The fiscal impact will depend on the extent of the delay to the 
effective date and that fiscal impact cannot be determined at this time. 
LR2149(26) - Fiscal Note - Page 1 of 1