An Act To Repeal Inactive Boards and Commissions
Maine Legislature, Session 123, LD 1885
Committee Amendment CA_A_H496 (House)
Amends: 5 MRSA §1826-B, 5 MRSA §1826-C, 5 MRSA §12006

COMMITTEE AMENDMENT "ft" to H.P. 1319, L.D. 1885, Bill, "An Act To 
Repeal Inactive Boards and Commissions" 
Amend the bill by striking out sections 1, 2 and 3. 
Amend the bill by striking out sections 5, 6 and 7 and inserting the following: 
'Sec. 5. 5 MRSA §1826-B, sub-§3 is enacted to read: 
3. Director. "Director" means the Director of the Bureau of General Services within 
the Department of Administrative and Financial Services. 
Sec. 6. 5 MRSA §1826-C, as amended by PL 2003, c. 515, §§5 to 8 and c. 689, 
Pt. B, §6, is further amended to read: 
§1826-C. Work center purchases 
1. 
Celftmittee estsblished. 
There is established the Work Center PUf6hases 
Committee, eOBsisting of the Director of the Bureau of GeBeral Services ""lithin the 
Departmef)t of AdmiBistrati'f'e aBd fiBaBoial Serviees or the aireetor's aesigRee, the 
Direetor of the Bureau of Rehabilitation Services within the Department of Labor, a 
ref)resentative of the Def)artment of Health aRa HumaR Services, a ref)reseRtative of work 
oeBters, a ref)reseBtative of the business eommuBity aRa perSORS 'with aisabilities. The 
total number of members with disabilities on the eommittee must be a miBimum of 5. 
2. 
Appeiotmeots; teFllls; eelllpeosatieH. 
The members of the Worle Center 
Purehases Committee shall be appointed ay aRa shall serve at the pleaslire of the 
Governor. All members of the eommittee shall serve without compeBsatioR, exeept for 
reimblirsement of necessary eXf)enses ineurred in the f)erformance of their duties. The 3 
ageneies of the State Governmeat that are represented Of) the eommittee shall absorb aay 
Beeessary expeBses. 
3. Pewel'S sod duties. The powers aBd duties of the Work Center Purchases 
Committee shall iBelude the fullowing: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to H.P. 1319, L.D. 1885 
A. 
Develop and t:tse a work ceDter pt:trehases schedule, pursuaDt to suesectioD 4; 
B. 
DevelotJ aDd carry out procedures for staRdard eompetitive eiddiRg for the 
products aDd services on the work oenter purchases schedule pursuaDt to sue section 
~ 
'5 
C. 
Develop procedures to ee used iB the wHard aBd exteBsioB of oODtracts, pursuaBt 
to subsectioD 6; 
D. 
ffioorporate the DepartmeDt of AdmiDistrative aBd FiDaDcial Services, Bureau of 
GeBeral Services rules of appeal of coBtraot a't'iards to resolve disputes related to 
Work Center Pl:lfoaases Committee deoisions; 
Eo 
Develop and, wheD Deoessal)', implement procedures to eDsure that aBY member 
of the committee , .... ho has aD actual or poteBtial conflict of interest with respect to aBY 
cOBtract under consideration by the committee is prohibited from taldDg any action 
on that cODtraot in his capacity as a committee member in accordance 'Nith the same 
provisioBS and staDdards that apply to executive emplo:)'ees as described in Title 5, 
sectioD 18; and 
F. 
Issue rules, pursuant to the Maine Administrati'ie Procedl:lfe Act, Title 5, chapter 
375, to carry out the purpose aBd intent of this subohapter. 
4. Work center purchases schedule. 
The Work CeBter Purchases Committee 
director shall develop and use a work center purohases' purchases schedule. The 
committee director shall: 
A. 
Identify and develop a list of all products and services purchased or scheduled to 
be purchased by State Government; 
B. 
Identify and develop a list of all work centers in the State, including a 
description of the products and services work centers are currently providing or have 
recently provided and including an assessment of the products and services that work 
centers are capable of providing, but have not recently provided; and 
C. 
Develop from the information obtained in paragraphs A and B a work center 
purohases' purchases schedule whieh that describes all products and services to be 
purchased by the State whieh that, in the view of the committee director, could be 
provided by work centers. In developing this schedule, the oommittee director shall 
give consideration to the abilities of work centers to meet contract requirements and 
to meet generally exoepted accepted quality control standards and any potential 
technical assistance that may be required to enable a work center to compete fairly 
for contracts, pursuant to this subchapter. 
5. Competitive bidding. The Work CeDter Purchases Committee director shall 
develop procedures for competitive bidding by eligible work centers only for products 
and services identified on the work center purchase schedule. If no bid is received from a 
work center for any product or service on the schedule, the Direotor of the Bureau of 
General Services within the Department of Administrative and FiBancial Services director 
shall confer with the Department of Corrections to determine whether the Department of 
Corrections is able to provide the product or service at a fair price. If the Director of the 
Bureau of GeReml Services director and the Department of Corrections do not come to 
agreement, the product or service must be put out to general bid by the Direetor of the 
COMMITTEE AMENDMENT 
~. .\. 
I 
COMMITTEE AMENDMENT 'A "to H.P. 1319, L.D. 1885 
Btlreatl of General Services director, in accordance with standard rules and procedures. If 
only one work center bid is received, the committee director shall review the bid and 
make a detennination regarding the fairness of the price and tenns of the proposed 
contract. If the committee director detennines that the work center may not be awarded 
this bid, the Director of the Blue&\-) of General Services director shall confer with the 
Department of Corrections to determine whether the Department of Corrections is able to 
provide the product or service at a fair price. If the Director of the Btlreatl of General 
Services director and the Department of Corrections do not come to agreement, the 
contract must be offered for standard competitive bid by the Director of the B1Ueatl of 
General Services director in accordance with standard rules and procedures. 
6. Award of contracts; fair price. The Work Center Ptlrchases Committee shall 
have director has final detennination in awarding contracts to work centers through the 
competitive bidding process. The committee's director's judgment shall prevail prevails in 
the determination that the price and contract tenns are fair and reasonable both to the 
work center and to the State. In detennining a fair price, the committee director shall 
ensure the ability of the work center to recover the costs of labor, material, equipment, 
overhead and delivery. 
7. Assignment of contracts. The Work Center Ptlfchases Committee director shall 
ensure that contracts awarded to work centers may not be assigned to any other vendor, 
except as may be necessary to complete the contracts, because of extraordinary events 
beyond the control of the work centers. Any additional costs incurred because of these 
assignments shaU must be borne by the work center as a normal cost of doing business.' 
Amend the bill by striking out section 12. 
Amend the bill by striking out sections 15 and 16. 
Amend the bill by striking out sections 19 and 20. 
Amend the bill by striking out sections 24 and 25 and inserting the following: 
'Sec. 24. 5 MRSA §12006, sub-§2, as amended by PL 1999, c. 668, §47, is 
further amended to read: 
2. Legislative repeal of inactive boards. The Secretary of State shall submit 
suggested legislation to the joint standing committee of the Legislature having 
jurisdiction over state government matters on or before January 15th in the first regular 
session of each biennium to repeal those boards that have not reported on their activities 
to the Secretary of State under this section or section 12005-A during either of the prior 2 
calendar years or have been inactive during the preceding 24 months. The joint standing 
committee of the Legislature having jurisdiction over state government matters may 
submit legislation to the first regular session of each biennium to repeal those boards.' 
Amend the bill by striking out section 34. 
Amend the bill by striking out section 36. 
Amend the bill by striking out sections 44 to 48. 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,{}" to H.P. 1319, L.D. 1885 
SUMMARY 
This amendment removes a number of boards and commissions from the list to be 
repealed in the bill. Those boards and commissions are: 
1. Education Commission of the States; 
2. Pharmaceutical Cost Management Council; 
3. Telecommunications Relay Services Advisory Council; 
4. Maine Engineers Recruitment and Retention Advisory Committee; 
5. 
Maine-Canadian Legislative Advisory Commission and Maine-Canadian 
Legislative Advisory Office; 
6. Oil Spill Advisory Committee; and 
7. State Compensation Commission. 
It also transfers the responsibilities of the Work Center Purchases Committee to the 
l3 
Director of the Bureau of General Services within the Department of Administrative and 
Financial Services and repeals the committee itself. It also gives authority for the joint 
standing committee of the Legislature having jurisdiction over state and local government 
matters to submit legislation in the first regular session of each biennium in order to act 
on the Secretary of State's report without the need for ajoint order. 
COMMITTEE AMENDMENT