An Act To Repeal Certain Boards and Commissions
Maine Legislature, Session 122, LD 1537
Committee: State and Local Government
Amends: 3 MRSA §223, 3 MRSA §224, 3 MRSA §227, 3 MRSA §228, 5 MRSA §56, 5 MRSA §12004-G, 5 MRSA §13032, 5 MRSA §12004-H, 5 MRSA §12004-I, 5 MRSA §12004-K, 5 MRSA §12004-L, 5 MRSA §18803, 5 MRSA §19135, 7 MRSA §972, 7 MRSA §974-A, 7 MRSA §1031, 7 MRSA §1033-A, 7 MRSA §1034, 7 MRSA §4203, 7 MRSA §4204, 7 MRSA §4205, 7 MRSA §4210, 10 MRSA §1678, 12 MRSA §51-A, 12 MRSA §51-B, 12 MRSA §544-B, 20-A MRSA §12734, 22 MRSA §2692, 22 MRSA §2693, 24-A MRSA §4321, 24-A MRSA §4322, 30-A MRSA §5241, 32 MRSA §14302, 34-A MRSA §3002-A

Legislative Document 
No. 1537 
H.P.1082 
House of Representatives, April 4, 2005 
An Act To Repeal Certain Boards and Commissions 
Reported by Representative BARSTOW of Gorham for the Joint Standing Committee on 
State and Local Government pursuant to Joint Order 2005, H.P. 859. 
Reference to the Committee on State and Local Government suggested and ordered printed 
under Joint Rule 218. 
Printed on recycled paper 
/J1~ 
/11. 7I/tU:~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 
MRS A §2-B, as amended by PL 1999, c. 2, §1, is 
repealed. 
Sec. 2. 3 MRS A c. 10, sub-c. 1, as amended, is further amended 
by repealing the subchapter headnote and enacting the following 
in its place: 
SUBCHAPTER 1 
MAINE-CANADIAN LEGISLATIVE ADVISORY OFFICE 
Sec. 3. 3 MRSA §223, as amended by PL 1987, c. 816, Pt. KK, 
§3, is further amended to read: 
§223. Maine-Canadian Legis1ative Advisory Office 
There is established a Maine-Canadian Legislative Advisory 
OfficeL 
which shall be concerned with strengthening all areas of 
regional cooperation between the Legislature of Maine and the 
legislative bodies of Maine's neighboring Canadian Provinces, and 
with encouraging economic, cultural and educational exchange 
between Maine and these provinces. The Speaker of the House is 
authorized 
to 
exercise 
day-to-day 
superv~s~on 
over 
the 
Maine-Canadian Legislative Advisory Office until such time as 
otherwise provided for 
by the Legislative Council 
ana 
ERe 
Maine-Ganaaian-be~is±aEive-AavisaFy-Gammissian. 
Sec. 4. 
MRSA §224, as enacted by PL 1977, c. 605, §l, is 
amended to read: 
§224. Director 
The 
executive 
head 
of 
the 
Maine-Canadian 
Legislative 
Advisory Office 
sRa±± 
be is the director, 
who 
sRa±± 
be is 
appointed by the Speaker of the House and the President of the 
Senate 
WiER 
ERe 
appFava± 
at 
ERe 
Maine-Ganaaian 
be~islaEive 
AavisaFY Gammissian. The director sRa±l must be paid a salary 
fixed 
by 
the Legislative 
Council 
from 
sums 
available 
under 
section 226. The director sRall must be able to speak the French 
language fluently. He The director shall report to and be subject 
to the direction of the Legislative Council. 
Sec. 5. 3 MRSA §227, as corrected by RR 1991, c. 1, §1, is 
repealed. 
Sec. 6. 
MRSA §228, as enacted by PL 1977, c. 605, §l, is 
repealed. 
Page l-LR2230(1) 
Sec. 7. 3 MRSA c. 10, sub-c. 2, as amended, is repealed. 
Sec. 8. 3 MRS A §959, sub-§I, <)IC, as amended by PL 2003, c. 
600, §l, is further amended to read: 
C. 
The joint standing committee of the Legislature having 
jurisdiction 
over 
business, 
research 
and 
economic 
development 
matters 
shall 
use 
the 
following list as 
a 
guideline for scheduling reviews: 
(1) 
Maine Development Foundation in 2005; 
(5) 
Department 
of 
Professional 
and 
Financial 
Regulation, 
in conjunction with 
the 
joint standing 
committee of the Legislature having jurisdiction over 
banking and insurance matters, in 2007; 
(19) 
Department of Economic and Community Development 
in 2005; 
(23) 
Maine State Housing Authority in 2007; 
(32) 
Finance Authority of Maine in 2009; 
~~~}--PeE~eleam-Aavise~y-GemmiEEee-iB-6gg9f 
(36) 
Board of Dental Examiners in 2011; 
(37) 
Board of Osteopathic Licensure in 2011; 
(38) 
Board of Licensure in Medicine in 2011; 
(41) 
State Board of Nursing in 2011; 
(42) 
State Board of Optometry in 2011; 
(45) 
State Board of Registration for Professional 
Engineers in 2011; and 
(50) 
Maine Science and Technology Foundation in 2007. 
Sec. 9. 
MRSA §56, as amended by PL 2003, c. 681, §2, is 
repealed. 
Sec. 10. 5 MRSA c.151-C, as amended, is repealed. 
Sec. 11. 5 MRS A §12004-D, sub-§5, as enacted by PL 1997, c. 
642, §l, is repealed. 
Sec. 12. 5 MRSA §12004-G, sub-§26-A, as enacted by PL 1993, c. 
392, §1, is repealed. 
Sec. 13. 5 MRSA §12004-G, sub-§26-D, as enacted by PL 1997, c. 
506, §2, is repealed. 
Sec. 14. 5 MRSA §12004-G, sub-§31-B, as enacted by PL 1989, c. 
875, Pt. L, §§1 and 4, is amended to read: 
31-B. 
Maine 
Small Business Small 
Business 
and Entre-
preneurship 
Commission 
Not 
Autho-
rized 
MRSA 
§13032 
Sec. 15. 5 MRSA §12004-H, sub-§6, as enacted by PL 1987, c. 
786, §5, is repealed. 
Sec. 16. 5 MRSA §12004-H, sub-§10, as enacted by PL 1987, c. 
786, §5, is repealed. 
Sec. 17. 5 MRSA §12004-I, sub-§2-D, as renumbered by RR 1991, 
c. 2, §11, is repealed. 
Sec. 18. 5 MRSA §12004-I, sub-§2-F, as enacted by PL 2001, c. 
96, §2, is repealed. 
Sec. 19. 5 MRSA §12004-I, sub-§3-A, as enacted by PL 1999, c. 
556, §4, is repealed. 
Sec. 20. 5 MRSA §12004-I, sub-§4-A, as enacted by PL 1997, c. 
752, §3, is repealed. 
Sec. 21. 5 MRSA §12004-I, sub-§29-C, as amended by PL 1997, c. 
184, §11, is repealed. 
Sec. 22. 5 MRSA §12004-I, sub-§47-E, as enacted by PL 1999, c. 
786, Pt. A, §1, is repealed. 
Sec. 23. 5 MRSA §12004-I, sub-§50-A, as enacted by PL 1997, c. 
792, §1, is repealed. 
Sec. 24. 5 MRSA §12004-I, sub-§68-A, as enacted by PL 1995, c. 
532, §3, is repealed. 
Sec. 25. 5 MRSA §12004-I, sub-§72-B, as enacted by PL 1993, c. 
381, §7, is repealed. 
Sec. 26. 5 MRSA §12004-I, sub-§78-A, as enacted by PL 1989, c. 
811, §1, is repealed. 
Sec. 27. 
MRSA §12004-K, sub-§10, as enacted by PL 1987, c. 
786, §5, is repealed. 
Sec. 28. 5 MRSA §12004-K, sub-§l1, as enacted by PL 1987, c. 
786, §5, is repealed. 
Sec. 29. 5 MRSA §12004-K, sub-§l1-A, as enacted by PL 1997, c. 
411, §1, is repealed. 
Sec. 30. 5 MRSA § 12004-K, sub-§ 12, as enac ted by PL 1987, c. 
786, §5, is repealed. 
Sec. 31. 5 MRSA §12004-L, sub-§12, as enacted by PL 1999, c. 
785, §1, is repealed. 
Sec. 32. 5 MRS A §18802-A, as amended by PL 2003, c. 387, §13, 
is repealed. 
Sec. 33. 5 MRSA §18803, as enacted by PL 1989, c. 811, §3, is 
repealed. 
Sec. 34. 5 MRSA c. 438, as amended, is repealed. 
Sec. 35. 5 MRSA §19135, as enacted by PL 1999, c. 785, §3, is 
amended to read: 
§19135. Annual report 
The cabinet shall provide an annual report to the joint 
standing committee of the Legislature having jurisdiction over 
appropriations 
and 
financial 
affairs, 
the 
joint 
standing 
committee of the Legislature having jurisdiction over criminal 
justice matters, the joint standing committee of the Legislature 
having jurisdiction over education and cultural affairs and the 
joint standing committee of the Legislature having jurisdiction 
over health and human services mattersT and the Chief Justice of 
the Supreme Court aBel 
ERe b9blBe:i:l 9B bR:i:lelr:>eB aBel 
~aHl:i:l:i:es. 
A 
copy of the report must be made available to the public. 
Sec. 36. 7 MRSA §972, as amended by PL 2001, c. 125, §1, is 
repealed. 
Sec. 37. 7 MRSA §974-A, sub-§1, Cj[D, as enacted by PL 1987, c. 
319, §4, is repealed. 
Sec. 38. 7 MRSA §974-A, sub-§2, as amended by PL 2001, c. 125, 
§4, is further amended to read: 
2. 
State loan interest rate. 
The interest rate for state 
loans is 
5~. 
Loans 
current 
on April 
21, 
1988 
must 
be 
renegotiated to an interest rate of 5~. 
A fee for administrative costs, which must be at a rate set by 
rule by the commissioner blpeR eeRsbllt:at:ieR wit:b t:be Pet:at:e 
Ma~ket:iR~ Imp~eyemeRt: Gemmit:t:ee but t:bat: may not exceed 1% of the 
loan, must be charged on all loans made for projects T the total 
cost of which exceeds $50,000. 
This fee must be deposited in the 
Potato Marketing Improvement Fund. 
Sec. 39. 7 MRSA §1031, as amended by PL 1987, c. 99, §l, is 
repealed. 
Sec. 40. 7 MRS A §1033, as amended by PL 2001, c. 164, §l, is 
repealed. 
Sec. 41. 7 MRSA §1033-A, as corrected by RR 1997, c. 2, §28, 
is amended to read: 
§1033-A. Duties of the commissioner 
1. 
Inspection fee. After considering the recommendations of 
the Maine Potato Qblalit:y 
GeRt:~el Board T as p~eyiaea iR seet:ieR 
1933 T 
sblBseet:ieR 6T 
pa~a~~apb G, and after considering available 
money appropriated from the General Fund, the commissioner shall 
set the inspection fee for potatoes packed in Maine bags pursuant 
to rules adopted pursuant to the Maine Administrative Procedure 
Act, Title 5, chapter 375. 
2. 
Statement of basis for fee. Upon reque s t 
f the Mai ne 
Potato Qblalit:y GeRt:~el Board, the commissioner shall provide to 
the board and other interested parties a written statement of the 
basis for the fee established under this section. 
3. 
Maine 
bag grades. 
Pursuant to 
the 
rule-making 
provisions 
of 
the 
Maine 
Administrative 
Procedure 
Act, 
the 
commissioner shall adopt the official grade or grades 
for 
potatoes to be packed in Maine bags. The commissioner aRa t:lle 
MaiRe Pet:at:e Qblalit:y beRt:~el 8ea~a shall ~eiRt:ly prepare proposed 
rules. 
These rules as finally adopted become effective on August 
1st, 1988 and may be amended only annually thereafter, with 
amendments becoming effective on August 1st of the year in which 
adopted. 
A Maine bag grade may not be less than United States 
No. 1. 
Sec. 42. 7 MRSA §1034, as amended by PL 1987, c. 99, §15, is 
further amended to read: 
§l034. Inspection 
As a part of an annual plan proposed and approved pursuant 
to section 1033, subsection 4, the Maine Potato Board may employ 
inspectors and may require payments for inspection at a rate and 
schedule to be established by rule by the commissioner. 
The 
commissioner aBa ERe MaiBe PeEaEe GaaliEY GeBE~el 8ea~a shall 
leiBEly develop proposed rules. 
Sec. 43. 
MRSA §l035, as repealed and replaced by PL 1987, 
c. 99, §16, is repealed. 
Sec. 44. 7 MRS A §4201, sub-§3, as enacted by PL 1997, c. 642, 
§2, is repealed. 
Sec. 45. 7 MRSA §4203, as amended by PL 2003, c. 283, §§2 and 
3, is repealed. 
Sec. 46. 7 MRSA §4204, sub-§8, as amended by PL 2001, c. 64, 
§2, is further amended to read: 
8. 
Variances. 
For farms with compliance dates established 
in subsection 4, the commissioner may grant a variance from the 
date by which a nutrient management plan must be prepared and 
certified when the commissioner finds that technical assistance 
or resources are not available to complete and certify the plan 
by January 1, 2001. 
The commissioner may grant a variance from 
the 
implementation date 
in subsection 4, 
or 
when 
the 
commissioner finds that implementation of the plan would cause 
undue hardship. A person requesting a variance shall submit a 
request in writing to the commissioner at least 90 days prior to 
the 
applicable 
implementation date. 
The 
commissioner 
shall 
establish by rule criteria and a process for granting a variance. 
Factors considered must include protection of groundwater and 
surface water, cost of implementing the plan, availability of 
financial assistance to implement the plan and availability of 
technical assistance or resources to complete and certify the 
plan. 
Rules adopted pursuant to this subsection are routine 
technical rules as defined in Title 5, chapter 375, subchapter 
±±-A 2-A. 
Notwithstanding the provisions of this subsection, a 
variance may not extend an implementation date beyond December 
31, 2008. 
A 
pe~6eB aeBiea a 
va~iaBee by ERe 
eeHlHli66ieBe~ may 
appeal-ERaE-aeei6ieB-Ee-ERe-bea~aT 
Sec. 47. 7 MRSA §4205, sub-§2, as amended by PL 1999, c. 530, 
§4, is further amended to read: 
2. 
Criteria for issuing permits; rulemaking. 
An applicant 
for a permit required under this section must submit to the 
commissioner 
a 
nutrient 
management 
plan 
that 
meets 
the 
requirements established pursuant to section 4204. 
A nutrient 
management plan submitted in accordance with this subsection is 
confidential and is not a public record as defined in Title 1, 
section 402, 
subsection 3. 
Prior to issuing a 
permit, 
the 
commissioner or a designee of the commissioner shall inspect the 
operation and determine that the operation is in compliance with 
the nutrient management plan. 
The commissioner may issue a 
provisional 
permit 
in 
accordance 
with 
subsection 
3. 
The 
commissioner shall adopt rules in accordance with Title 5, 
chapter 375 to establish a process for application review and 
issuing permits required under this section. 
The rules may 
establish permit application fees, 
inspection requirements and 
procedures for review ay tbe 
aea~El 
e~ 
pe~FAittiR'3 EleeisieRs. 
Rules 
initially adopted pursuant 
to 
this 
section are 
major 
substantive rules as defined in Title 5, chapter 375, subchapter 
II-A 2-A. 
After July 1, 1999, rules adopted pursuant to this 
section are routine technical rules as defined in Title 5, 
chapter 375, subchapter II-A 2-A. 
Sec. 48. 7 MRSA §4210, sub-§§1 and 3, as enacted by PL 1999, c. 
530, §7, are amended to read: 
1. Notice. 
The commissioner shall give written notice of a 
revocation immediately following a decision to revoke. 
A notice 
of revocation must state the reason the certification is being 
revoked and the effective date of the revocation and must inform 
the person of the hearing provisions under subsection 2 aREl tbe 
appea±s-p~eeess-ae~e~e-tbe-aea~El. 
3. 
Decisions; appeal. 
Decisions of the commissioner must 
be in writing. 
The commissioner may reinstate the certification 
if the commissioner finds that the person has complied with 
section 4204, subsection 3. 
A pe~seR wbese 
ee~ti~ieatieR is 
~evekeEl-ay-tbe-eeFAFAissieRe~-FAay-appea±-tbat-EleeisieR-te-tbe-aea~ElT 
Sec. 49. 10 MRSA §1678, as amended by PL 2001, c. 352, §6, is 
repealed. 
Sec. 50. 12 MRSA §51-A, as enacted by PL 1995, c. 532, §8, is 
repealed. 
Sec. 51. 12 MRSA §51-B, as enacted by PL 1995, c. 532, §9, is 
amended to read: 
§51-B. Assistance from department 
The 
department 
shall assist tbe 
aElvise~y eeaRei± 
aREl 
individual 
soil 
and 
water 
conservation districts 
to 
further 
constructive working relationships with other natural resource 
agencies of State Government. 
Sec. 52. 12 MRS A §544-A, as enacted by PL 1999, c. 556, §13, 
is repealed. 
Sec. 53. 12 MRSA §544-B, sub-§2, as enacted by PL 1999, c. 
556, §13, is amended to read: 
2. 
Reqister of critical areas. 
The commissionerT wiER ERe 
asviee ef ERe aeaFsT shall maintain a register of critical areas 
that must contain natural areas classified as critical areas as 
follows. 
A. 
In determining the classification of an area or site as 
a registered critical area, the commissioner shall consider: 
(1 ) 
The unique or exemplary natural qualities of the 
area or site; 
(2) 
The intrinsic fragility of the area or site and 
sensitivity to alteration or destruction; 
( 3 ) 
The voluntary commitment to conserve or protect 
the area or site; 
(4) 
The present or future threat of alteration or 
destruction; and 
(5) 
The economic implications of inclusion of an area 
or site on the register. 
The commissionerT wiER ERe asviee ef ERe aeaFST may remove a 
registered 
critical 
area 
from 
the 
register 
if 
the 
commissioner determines that the area or site no longer 
qualifies as a critical area. 
B. 
Each registered critical area must be documented with at 
least the following information: 
(1) 
A general description of the area or site; 
(2) 
A list of the endangered or threatened species or 
other unique or exemplary natural features occurring at 
the area or site, and reasons for inclusion in the 
register; 
(3) 
The size and location of the area or site; and 
(4) 
The name or names of the property owner or owners, 
contingent upon the consent of the owner or owners. 
C. 
The commissioner shall notify owners of natural areas of 
the natural value of their land and the implications of 
voluntary conservation. Subsequently a natural area may be 
placed upon the Register of Critical Areas with at least 60 
days' notice before registration and the consent of the 
landowner. 
Sec. 54. 12 MRSA §544-B, sub-§3, <JIB, as enacted by PL 1999, c. 
556, §13, is amended to read: 
B. 
The 
commissioner 
may 
establish 
procedures 
to 
substantiate the identification of endangered and threatened 
native plant species. 
In determining and revising the list, 
the commissioner shall use the rare plant database of the 
Natural Areas ProgramT ERe aaviee sf ERe NaEHFa;!, 
AFeas 
AavissFY 8saFa and the knowledge of botanists in the State. 
In addition, the commissioner shall consult with federal 
agencies, 
interested 
state 
agencies, 
other 
states 
or 
provinces having a common interest and other interested 
persons and organizations. 
The commissioner shall determine 
criteria for each category. 
When establishing the list, the 
commissioner shall consider aspects of plant biology that 
contribute to a species' rarity such as: 
(1) 
Endemism. 
The plant species or subspecies may be 
geographically 
restricted 
to 
the 
State 
or 
areas 
immediately adjacent to the State; 
( 2) 
Scarcity. 
A plant species or subspecies may be 
numerically scarce throughout its distribution in North 
America and occur in only a few locations in the State; 
(3) 
Special habitat. 
A plant species or subspecies 
may require habitat that is scarce in the State; 
(4) 
Limit of range. 
A plant species or subspecies in 
the State may be at the edge of its distribution or 
disjunct from its main distribution; and 
(5) 
Population decline or vulnerability. 
A plant 
species or subspecies may be threatened or seriously 
declining due to habitat modification or destruction or 
from overcollection for commercial, recreational or 
educational purposes. 
Sec. 55. 
20-A MRS A §12733, first <JI, as enacted by PL 1993, c. 
392, §2 and amended by PL 2003, c. 20, Pt. 00, §2 and affected by 
§4, is further amended to read: 
The program shall provide a sequence of combined school and 
workplace education and training that has a specific industrial 
or occupational focus. 
Students participate in the program for 
up to 3 years and, while doing so, must be enrolled in a State 
community college or other publicly supported secondary or 
postsecondary school. 
The program shall offer a curriculum based 
on industry skill standards recommended by ~he Skill S~aBeaFes 
8eaFe es~ablishee iB see~ieB la+~4. 
Participants who demonstrate 
that they have met these skill standards are entitled to a 
certificate of skill mastery that describes the competencies 
achieved by the students. 
Sec. 56. 20-A MRSA §12734, as amended by PL 1995, c. 515, §3, 
is repealed. 
Sec. 57. 22 MRSA §2692, as enacted by PL 1999, c. 786, Pt. A, 
§3, is repealed. 
Sec. 58. 22 MRSA §2693, sub-§l, <J[A, as amended by PL 2003, c. 
494, §10, is further amended to read: 
A. 
By 
July 1, 
2005, 
the 
department 
shall 
adopt 
rules 
establishing the procedures for adoption and periodic review 
of maximum retail prices, the procedures for establishing 
maximum retail prices for new prescription drugs and for 
reviewing maximum retail prices of selected drugs and the 
procedures for phasing out or terminating maximum retail 
prices. 
PFieF te aeeptiB~ FHles pHFsHaB~ te ~his paFa~FaphT 
the 
eemmissieBeF 
shall 
eeBsHlt with 
aBe 
eeBsieeF 
the 
FeeemmeBeatieBs-ef-the-eemmissieB-Fe~aFeiB~-the-FHlesT 
Sec. 59. 22 MRSA §2693, sub-§l, <J[C, as enacted by PL 1999, c. 
786, Pt. A, §3, is amended to read: 
C. 
In establishing maximum retail prices under this 
paragraph, the commissioner shall eeBsieeF the aeviee ef the 
eemmissieB aBe shall follow procedures set forth by rules 
adopted by the department. 
Sec. 60. 
24-A MRSA §4321, sub-§2, as enacted by PL 1997, c. 
792, §3, is amended to read: 
2. 
Director. 
The Director of the Consumer Health Care 
Division, referred to in this section as the "director," is the 
head of the Consumer Health Care Division. 
The director is 
appointed by the superintendent iB eeBsHltatieB with the GeBsameF 
Wealth GaFe ];livisieB AeviseFY GeHBeil and is subject to the 
approval 
of 
the 
Commissioner 
of 
Professional 
and 
Financial 
Regulation. 
The director is subject to the Civil Service Law. 
Sec. 61. 
24-A MRSA §4322, as enacted by PL 1997, c. 792, §3 
and amended by PL 2003, c. 689, Pt. B, §7, is repealed. 
Sec. 62. 
30-A MRSA §5241, sub-§5, as enacted by PL 2001, c. 
669, §l, is repealed. 
Sec. 63. 32 MRSA §14302, sub-§7, as amended by PL 1997, c. 
681, §3, is repealed. 
Sec. 64. 
34-A MRSA §3002-A, as amended by PL 1999, c. 77 0, 
§§3 to 5, is repealed. 
Sec. 65. 36 MRSA c. 920, as amended, is repealed. 
Sec. 66. P&SL 1937, c.1S is repealed. 
SUMMARY 
This bill repeals boards 
and commissions that failed to 
file an annual report of activities with the Secretary of State 
for 2003 or 2004. 
Additionally, this bill repeals boards and 
commissions that filed annual reports with the Secretary of State 
indicating inactivity in the preceding 24 months. 
The bill also 
corrects statutory references to implement the name change of the 
Maine Small Business Commission to the Maine Small Business and 
Entrepreneurship Commission. 
Page ll-LR2230(1)