An Act To Prevent Lead Poisoning of Children and Adults
Maine Legislature, Session 122, LD 1034
Committee Amendment CA_A_H642 (House)

AMENDMENT .. A 
.. to H.P. 719, L.D. 1034, Bill, 
Lead Poisoning of Children and Adults" 
Amend the bill by striking out all of sections 1 and 2. 
"An 
Further amend the bill in section 3 in that part designated 
"S1322-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;' 
Further amend the bill in section 3 in that part designated 
"S1322-E." in subsection 3 in paragraph D in the last line (page 
2, line 7 in L.D.) by striking out the following: 
"and" 
Further amend the bill in section 3 in that part designated 
"S1322-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 
"S1322-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 by striking out all of 
that part designated "S1322-F." and inserting in its place the 
following: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,~, to H.P. 719, L.D. 1034 
'§1322-F. 
Lead poisoning prevention fee 
1. 
Fee imposed. 
Beginning July 1, 2006, a fee is imposed 
on manufacturers or wholesalers of paint sold in the State to 
support the Lead Poisoning Prevention Fund under section l322-E. 
The fee must be imposed at the manufacturer or wholesaler level, 
in the amount of 25¢ per gallon of paint estimated to have been 
sold in the State during the prior year, as determined by rule 
adopted by the department. 
2. 
Ru1es. 
By July L 
2006, 
the department shall adopt 
rules to implement this section, including rules to determine 
which manufacturers or wholesalers of paint sold in the State are 
responsible for the fees imposed under subsection 1 and rules 
establishing the estimated number of gallons of paint sold in the 
State 
in 
the 
prior 
year 
for 
each 
manufacturer 
and 
rules 
determining the manner of payment. 
The rules must provide for 
waivers of payment for manufacturers and wholesalers of paint 
that is sold in low quantities in the State. 
The costs for 
development of these rules and for administration of the Lead 
Poisoning Prevention 
Fund 
must 
be 
reimbursed 
from 
the 
fees 
collected. 
The rules must specify that the first payment of fees 
is 
due 
by 
April 
1, 
2007. 
Rules 
adopted pursuant 
to this 
subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
3. 
EnforCement. 
The Attorney General shall enforce payment 
of fees under this section through an action in Superior Court in 
Kennebec County and may collect costs and attorney's fees.' 
Further amend the bill by striking out all of section 4 and 
inserting in its place the following: 
, Sec. 
4. 
Appropriations 
and 
allocations. 
appropriations and allocations are made. 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF 
Lead Poisoninq 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 
2005-06 
$0 
2006-07 
$500 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .,t\:. to H.P. 719, L.D. 1034 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Further amend the bill by 
nonconsecutive 
Part 
letter 
consecutively. 
relettering 
or 
section 
SUMMARY 
.'. $0 
$500' 
or renumbering any 
number 
to 
read 
This amendment is the majority report of the committee. 
It 
imposes a fee of 25¢ per gallon of paint estimated to have been 
sold 
in 
the 
State 
during 
the 
prior 
year, 
to 
be 
paid 
by 
manufacturers or wholesalers of paint sold in the State, 
as 
determined by rule adopted by the Department of Health and Human 
Services. 
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 at 
least 50% of the Lead Poisoning Prevention Fund be allocated to 
grants for outreach programs. The amendment adds rulemaking to 
determine which manufacturers or wholesalers of paint will pay 
the fee, the number of gallons of paint that is the basis for the 
fee 
and 
the 
manner 
of 
payment 
and 
waiver 
procedures 
for 
manufacturers or wholesalers of paints sold in low quantities in 
the State. 
The 
amendment deletes the 
prov~s~on requiring a 
report to 
the Joint Standing Committee 
on Health and 
Human 
Services by January 15, 
2006. 
This 
amendment also adds 
an 
appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/02/05 ~ac:.. 
LD 1034 
LR2022(02) 
An Act To Prevent Lead Poisoning of Children and Adults 
Fiscal Note for Bill as Amended by Committee Amendment "A, 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Majority Report 
Fiscal Note 
2005-06 
2006-07 
Projections 
2007-08 
Appropriations/Allocations 
Other Special Revenue Funds 
Fiscal 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 fees authorized to be imposed 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(2) - Fiscal Note - Page 1 of 1