An Act To Extend the Kim Wallace Adaptive Equipment Loan Program
Maine Legislature, Session 122, LD 1267
Committee: Business, Research and Economic Development
Sponsors: MITCHELL, RICHARDSON, BARTLETT, DIAMOND, NASS, MERRILL
Amends: 10 MRSA §372, 10 MRSA §374, 10 MRSA §375, 10 MRSA §376, 10 MRSA §377

Legislative Document 
No. 1267 
S.P.447 
In Senate, March 15, 2005 
An Act To Extend the Kim Wallace Adaptive Equipment Loan 
Program 
(EMERGENCY) 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Senator MITCHELL of Kennebec. 
Cosponsored by Speaker RICHARDSON of Brunswick and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: BARTLETT of Cumberland, DIAMOND of Cumberland, NASS of York, 
Representative: MERRILL of Appleton. 
Printed on recycled paper 
Emergency preamble. Whereas, acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies: and 
Whereas, unless this legislation is enacted as an emergency 
measure, 
loans to persons with disabilities for transportation 
assistance will no longer be available under the Kim Wallace 
Adaptive Equipment Loan Program Fund: and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety: now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 10 MRSA §372, §1, as amended by PL 2003, c. 99, §1, is 
further amended to read: 
1. 
Creation of fund. 
There is established the Kim Wallace 
Adaptive 
Equipment Loan 
Program Fund, 
which must be 
used to 
provide funding for loans to qualified borrowers within the State 
in order to acquire adaptive equipment designed to assist the 
borrower 
in 
becoming 
independent 
and 
for 
other 
purposes 
as 
allowed under section 376. 
The 
fund must be deposited with, 
maintained and administered by the Finance Authority of Maine Q£ 
other state agency and contain appropriations provided for that 
purpose, interest accrued on the fund balance, funds received by 
the board to be applied to the 
fund 
and 
funds 
received in 
repayment of loans. 
This fund is a nonlapsing revolving fund. 
All money in the fund must be continuously applied to carry out 
the purposes of this chapter. 
Sec. 2. 10 MRSA §374, sub-§3. as amended by PL 1999, c. 731, 
Pt. FF, §6, is further amended to read: 
3. 
Administer loan program. 
The board shall administer the 
i 
Kim Wallace Adaptive Equipment Loan Program Fund established by 
this chapter and may contract with the Finance Authority of Maine 
and state or community-based groups dealing with disabled persons 
for such assistance in administering the program as the board may 
require. 
The boan'L_ID.PY..-.ruJlP-i.<2Y----Pll90ns, including private legal 
~ouns~nJ:L.t.:in.a..~c.igLe~pe r taL-.9.lL~i tn~~J~_e.mpQ £.Q.n'-<U: __ 1HUJl)g:ggjJJ;, 
basis, 
in or..Q,er 
to 
carr~Q~ny of its powers and duWL. 
~~§iS of t..~Q.aBL_gI_e_up.Q_L_SJJ1;>ject to Title 5, chapter 71 and 
Title 5, chapter 372, subchapter 2. 
Sec. 3. 10 MRSA §374. sub-§4, ,C, as enacted by PL 1997, c. 
489, §2, is repealed. 
Page l-LRI629(1) 
Sec. 4. 10 MRSA §374, sub-§4"D is enacted to read: 
D. 
Loan applications may be approved or denied by the board 
~nly at a regular or special meeting except as follows: 
Ll) 
App_rovaJ. __ 
Qf_al2PJ.j,~at...Lon~Qr 
loans 
may 
be 
delegated by th~ard to a subCOl1unittee Qf the board 
~Q.n_taj.njJ!g __ ~l 
east~llleln.b~):"s i f 
an_.appJ...l.c.~~"lJ1Q. 
9JJ,f[E!.~QUe hal"dship by waiting fQr the next regular 
me.e.t i n9l........Q.£ 
12~ApprQval of 
a.pp1ic~i.Qns 
fQr 
loans 
may 
be 
Q,eagated 
to 
oJ..\J;.s...i"~""Qnt.ntc_tQrs 
witl}~.i~.iL-_ID1Q 
.t.~u:m1i.......9..s....""provided by the board and approved no less 
than annually. 
All_....aPQr.Qy~~:l_l.Qan!L...1J1\J,sJ;. __ t!~.at.il.ied by the board at t.he 
board's 
next 
regular 
or 
special 
meeting. 
All 
lQans 
~mmende.L.fg~ni.al.....J:!y the d..e.1.egated authQrity must be 
acted upon by the bQard at the board' s 
next regular or 
special meetinq... ... 
Sec. 5. 10 MRSA §375, sub-§I, as enacted by PL 1987, c. 817, 
§2, is amended to read: 
1. 
Demonstration of purpose of loan. 
The board may enter 
into 
loan 
agreements 
with 
any 
qualifying 
borrowerr--wRe 
and 
exercise 
all-RQ...w~s of a len..d.er Qr creditQr. 
LQan security may 
include 
the 
acguisi.t..iQ.n., 
use, 
management. 
improvement 
or 
.Q.jJ~.Q.Q£..it.i.pn........Ql_~n.t.erest iZh_......Qr 
type Qf, 
real or perSQ.nal 
prQperty, including grant. 
pur~ase, sale, t!QrrQw, loan, l.ease. L 
J.Q.J;"~.cJ..9_IiJJ...r.e.L.....JDQ:(tgageL_.1\.ssigIll)le.p._L...QL_9..t.b.er lawful 
m..e..a.p.~with.....QJ: 
withQut put!lic bidding and alsQ including the assessment of fees, 
the fQrg,i.veness Qf 
inQ.e..l;ltedness, 
the receipt Qf reimbursements 
for 
expenses 
incurred in carrying out its purposes 
and 
the 
expenditure 
Qr 
investment 
of its 
funds. 
The 
borrower 
must 
demonstrate that: 
A. 
The 
loan 
will 
assist 
one 
or 
more 
persons 
with 
disabilities to improve their independence or become more 
productive members of the community: and 
B. 
The applicant has the ability to repay the loan. 
Sec. 6. 10 MRSA §376. sub-§3, as enacted by PL 2003, c. 99, 
§2, is amended to read: 
3. 
section 
Beel;iea. 
Transportation assistance. 
For the purpose set forth in 
377r--Bye~eel;--~e--I;Re--~i~il;al;ieaB--Bel;--~eFI;R--ia--1;Ral; 
~RiB-ByeBeel;iea-iB-Fepea*eQ-Jyae-~gr-agge~ 
Sec. 7. 10 MRSA §377, as enacted by PL 2003, c. 99, §3, is 
amended to read: 
§377. 
Loans for transportation assistance program 
The board may 
award loans for 
the purpose of assisting 
persons with disabilities to purchase used vehicles necessary to 
obtain or retain employment or employment training, subject to 
the following limitations. 
1. 
Qualifications of borrower. 
A loan may be made under 
this section only to a qualifying borrower who meets the other 
requirements of this chapter and who demonstrates a need for a 
vehicle 
as part of 
an 
individualized plan 
toward 
employment 
developed with 
a 
state or 
community-based 
organization that 
provides employment services to persons with disabilities and 
that is approved by the board. 
3.---Li.i~a~iea--ea--leaa--ameUB~.---beaRs--maee--HRee~--~Ris 
see~ieR-maY-Re~-eHeeee-$1TQQQ-pe~-~Ha*ifyiR~-he~~ewe~T 
3. 
Aggregate amount of loans. 
The maximum aggregate amount 
of loans maee issued under this section may not exceed $69Q TQQQ 
iR-~is€a~-~-~-aRe-$d9Q7Qgg-i~~-~~-y&&~-6QQ4-Q9 7~ of 
the value of program gross notes receivable. 
-4.--Repeal. --'±'Ris - see ~ieR-i s -~epea*ee-J\,ule- ~Q T - aQQ 9 T 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill amends the Kim Wallace Adaptive Equipment Loan 
Program in the following ways. 
1. 
It authorizes 
a state agency other than the Finance 
Authority of Maine to administer the program fund. 
2. 
It authorizes the program board to employ individuals as 
needed. 
3. 
It clarifies how loans are approved or ratified by the 
board and provides that the board exercises the powers of 
a 
lender or creditor upon entering loan agreements. 
4. 
It continues the transportation assistance program that 
would otherwise cease on June 30, 2005.