An Act To Change the Maine HIV Advisory Committee
Maine Legislature, Session 124, LD 0865
Committee Amendment CA_A_H243 (House)
Amends: 5 MRSA §19202

COMMITTEE AMENDMENT ,A " to H.P. 596, L.D. 865, Bill, "An Act To 
Change the Maine HIV Advisory Committee" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 5 MRSA §19202, sub-§l-A, as enacted by PL 1999, c. 390, §2 and 
affected by § I 0, is repealed. 
Sec. 2. 5 MRSA §19202, sub-§l-B is enacted to read: 
1-B. Duties., 
The Maine HIV Advisory Committee, as established in section 
12004-1, subsection 42 and referred to in this section as "the committee," on behalf of 
those individuals infected by, at risk for or affected by the human immunodeficiency 
virus, referred to in this section as "HIV," in the State, shall: 
A. Advise the Office of the Governor and state, federal and private sector agencies, 
officials and committees on HIV-related and AIDS-related policy, planning, budget 
or rules; 
B. Make an annual assessment of emerging HIV -related issues and trends; 
C. Initiate and respond to legislation, both state and federal; and 
D. Prepare and present, in person, an annual report on the status of HIV in the State 
to the Office of the Governor and the joint standing committee of the Legislature 
having jurisdiction over health and human services matters by January 31 st of each 
year. 
Sec. 3. 5 MRSA §19202, sub-§2-A, as enacted by PL 1999, c. 390, §4 and 
affected by § I 0 and amended by PL 200 I, c. 354, §3 and PL 2003, c. 689, Pt. B, §§6 and 
7, is repealed. 
Sec. 4. 5 MRSA §19202, sub-§2-B is enacted to read: 
2-B. Membership. The committee consists of 19 members as provided in this 
subsection. 
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COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT ,·4" to H.P. 596, L.D. 865 
A. The committee includes 7 members as follows, of whom only the Legislators are 
voting members: 
(1) Two members of the Legislature, one Senator nominated by the President of 
the Senate and one Representative nominated by the Speaker of the House of 
Representatives; 
(2) 
The director of the HIV, STD and viral hepatitis program within the 
Department of Health and Human Services, Maine Center for Disease Control 
and Prevention; 
(3) 
A representative of the Department of Education, nominated by the 
Commissioner of Education; 
(4) 
A representative of the Department of Corrections, nominated by the 
Commissioner of Corrections; 
(5) A representative of the Department of Health and Human Services, Office of 
Substance Abuse, nominated by the Commissioner of Health and Human 
Services; and 
(6) A representative of the Department of Health and Human Services, Office of 
MaineCare Services, nominated by the Commissioner of Health and Human 
Services. 
B. The committee shall identify 12 additional representatives for membership as 
described in this paragraph, with broad input from persons with HIV or at risk for 
HIV infection or from organizations with extensive participation of persons with 
HIV, organizations interested in and working on HIV and AIDS prevention and 
health, other community-based organizations providing HIV and AIDS services, rural 
health centers and the public: 
(i) Three persons who have HIV / AIDS; 
(2) Two health care professionals involved with HIV treatment and care issues; 
(3) Two providers of HI V-related prevention or social services; 
(4) One representative of a state HIV community planning group; 
(5) 
One representative of the statewide AIDS alliance under section 19251, 
subsection 4; 
(6) One representative of a statewide coordinating council for public health; and 
(7) Two at-large representatives including but not limited to: homeless persons, 
high-risk groups, family planning, mental health, higher education, civil rights or 
disability rights. 
Sec. 5. 5 MRS A §19202, sub-§3, as corrected by RR 2003, c. 2, § 1 0, is amended 
to read: 
3. Terms. The term of office of each voting member is 3 years~ except that ef..tHe 
members first chosen bv the membershio committee oursuant to subsection 2 A. 1/3 must 
COMMITTEE AMENDMENT 
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COMMIlTEE AMENDMENT "A" to H.P. 596, L.D. 865 
be chosen for a term of one year, 1/3 for a term of 2 years and 1/3 for a term of 3 years; 
members chosen after nomination by the Commissioner of Health and Human Services, 
the Commissioner of Education, the Commissioner of Corrections or the Commissioner 
of Public Safety nonvoting members serve during the nominating duration of the 
commissioner's term of officet for the agency that each member represents and 
Legislators serve during the term for which they were elected. The membership shall 
annually elect a chair and vice-chair. 
The chair is the presiding member of the 
committee. All vacancies must be filled for the balance of the unexpired term in the same 
manner as original appointments. 
Sec. 6. 5 MRSA §19202, sub-§4, as amended by PL 1999, c. 390, §7 and 
affected by § 1 0, is further amended to read: 
4. Meetings. The committee shall meet at least 4 times a year and more fi'equently if 
needed to respond to the duties of this committee as specified in subsection +-A I-B. 
Special meetings may be called by the chair and must be called at the request of the State 
Epidemiologist, the Director of the Bureau of Health, the Director of Disease Control, the 
Director of Sexually Transmitted Diseases Department of Health and Human Services, 
Maine Center for Disease Control and Prevention or by 3 or more members of the 
committee. 
Sec. 7. Transition. Notwithstanding the appointment provisions of the Maine 
Revised Statutes, Title 5, section 19202, subsection 2-B, those members of the Maine 
HIV Advisory Committee on September 30, 2009 under former Title 5, section 19202, 
subsection 2-A may continue to serve on the committee for the balance of their terms of 
office as provided under Title 5, section 19202, subsection 3. Notwithstanding Title 5, 
section 19202, subsection 3, a person who is not a member of the committee on 
September 30, 2009 and who is appointed to the committee pursuant to Title 5, section 
19202, subsection 2-B serves a 3-year term. 
Sec. 8. Effective date. This Act takes effect October 1,2009.' 
SUMMARY 
This amendment replaces the bill. It changes the duties of the Maine HIV Advisory 
Committee by adding budgeting to the areas on which the committee advises the 
Governor and other agencies and removing the annual assessment of budget proposals at 
state agencies related to HIV. It also changes the date by which the committee must 
report to the Governor and the Legislature from January 15th to January 31 st. It reduces 
the size of the committee from 21 members to 19. It changes the composition of the 
committee membership to 2 members of the Legislature, 5 state agency representatives, 3 
members that have HIV or AIDS, 2 health care professionals, 2 HIV -related prevention 
or social services providers, a member of a state HIV community planning group, a 
representative of the statewide AIDS alliance, a representative of a statewide coordinating 
council for public health and 2 at-large members selected from certain specified groups. 
Members who represent state agencies are nonvoting members and serve only for the 
duration of the term of the commissioner of the agency each member represents. It 
removes the names of positions and offices no longer used and updates them with current 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A "to H.P. 596, L.D. 865 
names. It provides that those members currently serving on the committee continue to 
serve for the balance of their 3-year terms. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Fiscal Detail and Notes 
Approved: 04/15109 
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LD865 
LR 1226(02) 
An Act To Change the Maine HIV Advisory Committee 
Fiscal Note for Bill as Amended by Committee Amendment 74" 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Additional costs to the Department of Education associated with serving on the committee can be absorbed within 
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existing budgeted resources. Additional costs to the Department of Health and Human Services can also be absorbed 
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by the department utilizing existing budgeted resources. 
LR 1226(02) - Fiscal Note - Page I of I