An Act To Repeal Inactive Boards and Commissions,
Maine Legislature, Session 124, LD 1254
Committee: State and Local Government
Amends: 3 MRSA §162, 5 MRSA §298, 5 MRSA §299, 5 MRSA §1547, 5 MRSA §12004-A, 5 MRSA §12004-G, 5 MRSA §12004-I, 5 MRSA §12004, 5 MRSA §12004-J, 5 MRSA §12004-K, 5 MRSA §13104, 5 MRSA §13105, 5 MRSA §15303, 5 MRSA §19202, 5 MRSA §19203-C, 5 MRSA §19205, 12 MRSA §6033, 12 MRSA §6034, 12 MRSA §10051, 12 MRSA §10154, 12 MRSA §12860, 20-A MRSA §12523, 20-A MRSA §19102, 20-A MRSA §19103, 20-A MRSA §19105, 20-A MRSA §19110, 22 MRSA §271, 22 MRSA §272, 24-A MRSA §6981, 27 MRSA §86-A, 34-B MRSA §5439, 38 MRSA §470, 38 MRSA §551-A

Legislative Document 
No. 1254 
H.P.873 
House of Representatives, March 30, 2009 
An Act To Repeal Inactive Boards and Commissions, 
Reported by Representative BEAUDETTE of Biddeford for the Secretary of State pursuant 
to the Maine Revised Statutes, Title 5, seCtion 12006, subsection 2. 
Reference to the Committee on State and Local Government suggested and ordered printed 
under Joint Rille 218. 
' 
Primc:d t,lfl recyc led PiJPcr 
, '77/~ 111· 7J?tU~{ 
MILLICENT M. MacFARLAND 
Clerk " 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 3 MRS A §2-B, as amended by PL 1999, c. 2, § 1, is repealed. 
Sec. 2. 3 MRSA §162, sub-§12-A, as amended by PL 2001, c. 358, Pt. E, §1, is 
further amended to read: 
' 
12-A. 
Reserve Fund ;for State House Preservation and Maintenance. 
To 
administer the Reserve Fund for ,State House Preservation and Maintenance, established 
and maintained as provided in this subsection. The State Controller at the close of each 
. fiscal year and at the request of the Legislative Council shall transfer from unexpended 
balances of General Fund appropriations to the Legislature to the Reserve Fund for State 
House Preservation and Maintenance available amounts up to $250,000 a year until a 
maximum of $1,500,000 .is achieved. 
The State Controller is further authorized to 
transfer from the Reserve Fund for State House Preservation and Mai.ntenance to the 
Blaine House Renovations 
~nd Repairs Fund the amounts recommended by the 
Legislative Council. The Reserve Fund for State House Preservation and Maintenance 
may also receive and accept allocations, appropriations, grants and contributions of 
money to be held, used or. applied to carry out this subsection, subject to the conditions 
upon which these allocations, appropriations, grants and contributions are made. 
Expenditures from the Reserve Fund for State House Preservation and Maintenance are 
subject to legislative allocation, may be made only for major repairs and renovations to 
the State House, must be revie' ..... ed and recommended by the State House and Capitol 
Park Commission and must receive a majority vote of the Legi'slative Council. Funds 
allocated or appropriated to. the ReserVe Fund for State House Preservation and 
Maintenance may not lapse but must be carried forward; 
Sec. 3. 3 MRSA §162, sub-§17, as amended by PL 2001, c. 468, § 1, is further 
amended to read: 
17. Approve plans to preserve and develop the State House and the immediate 
grounds. 
To approve architectural, aesthetic and decorative alterations to the State 
House. The Legislative Council also has authority to preserve and develop the aesthetic 
and historical integrity of the State House and. the immediate grounds. The exercise of 
this authority with respect to Capitol Park must be consistent with the plan for Capitol 
Park developed by the Olmsted Brothers firm in 1920 as revised by the Pressley firm in 
1990. The Legislative Council has the power to .enter into contracts and other powers 
necessary to implement this subsection and chapter 31; 
Sec. 4. 3 MRSA c.10, as amended, is repealed. 
Sec. 5. 3 MRS A c. 31, as amended, is repealed. 
Sec. 6. 3 MRS A §959, sub-§1, errA, as amended by PL 2005, c. 550, § 1, is ful1her 
amended to read: 
A. 
The joint standing- committee of the Legislature having jurisdiction over 
agriculture, conservation and forestry matters shall use the following list as a 
guideline for scheduling reviews: 
) 
) 
) 
n 
I I 
I 
L) 
(I) Baxter State Park Authority in 2009; 
(2) Department of Conservation in 20 I I; 
(3) Blueberry Advisory Committee in 20 I I; 
(4) Board of Pesticides Control in 201 I; 
. (5) Wild Blueberry Commission of Maine in 201 I; 
(6) Seed Potato Board in 20 I I; 
(7) Maine Dairy and Nutrition Council in 2007; 
(8) Maine Dairy Promotions Board in 2007; 
(9) MaineMilk.Commission in 2007; 
(10) State Harness Racing Commission in 2007; 
(11) Maine Agricultural Bargaining Board in 2009; 
(12) Depal1ment of Agriculture, Food and Rural Resources in 2009; and 
(14) Land for Maine's Future Board in 2007. 
Sec. 7. 5 MRSA §298, 5th ~, as amended by PL 1993, c. 36 I, Pt. A, § I, is fUl1her 
amended to read: 
The DirectOl: of Public Improvements serves as the secretariat of the commission in 
exercising its administration. 
The commission may, in accordance with the Maine 
Administrative Procedure Act, chapter 375, adopt and enforce rules as it determines 
necessary, except rules relating to the State Capitol Building under the jurisdiction of the 
State House and Capitol Park Commission, as it determines neceSSaI)' for the purposes of 
\ carrvinrr out this chanter. These rules have the force of law. 
Sec. 8. 5 MRSA §299, sub-§4, as enacted by PL 1989, c. 4 I 0, § 16, is amended to 
read: 
. 
4. Cooperation and information exchange. The Capitol Planning Commission,--t1te 
State House and Capitol Park Commission and the Office of the Governor. shall exchange 
information on a regulm: basis, at least 2 times each year, concerning the plans, proposals 
and activities of each organization with respectto the facilities and grounds at the seat of 
government. 
Each organization shall cooperate with the others and coordinate their 
. effOl1s. 
. 
Sec. 9. 5 MRSA §1547, sub-§7, as enacted by PL 2003, c. 451, Pt. F, §2 and 
amended by c. 600, §4, is fll1;ther amended to read: 
7. Other related organizations; All legislatively created public instrumentalities 
and related orgaliizations for which the State is financially accountable or that have a 
significant relationship with the State as defined by a governmental accounting standards 
board that are not included in subsection 3, including but not limited to eligible 
institutions as defined in section 13103, that receive funds from bond issues l~uSt comply 
with the fiscal repOlting policies established by the State Controller. The fiscal and 
repOlting policies must include: 
A. ·lnterni).1 control standards required by section 1541, subsection 10-A; 
B. 
QUaIterly repOlting to the State Controller that includes a detail of transactions 
and reconciliation of all accounts; 
. 
C. 
No later than October 15th annually, submission to the DepaJtment of 
Administrative and Financial Services, Office of the State Controller of all financial 
statements and schedules of expenditures of federal awards; 
D. 
Financial statements that are prepared in accordance with the standards and 
requirements established by a governmental accounting standards board; and 
E. 
Submission annually to the Depaltment of Administrative and Financial 
Services, Office of the State Controller of a copy of the independent auditor's report, 
including any findings, recommendations and management letter comments, and any 
other materials considered necessary by the State Controller. 
Legislatively created public instrumentalities and other related organizations required to 
comply under this subsection who must also comply with the federal-Office of 
Management and Budget circulars, regulations issued by a governmental accounting 
standards board or other accounting, aUditing and reporting requirements may submit that 
information to the State Controller to satisfy the requil'ements of this subsection. 
Sec. 10. 5 MRS A §1742, sUlb-§16, as amended by PL 1989, c. 410, § 18, IS 
repealed. 
Sec. 11. 5.MRSA §1825-T,.as enacted by PL 2007, c. 193, §4, is repealed. 
Sec. 12. 5 MRSA c. 165, as amended, is repealed. 
Sec. 13. 5 MRS A c. 316, as amended, is repealed. 
Sec. 14. 5 MRSA §12004-A, sub-§6, as repeal'ed and replaced by PL 1991, c. 
397, & 1, is repealed. 
. . 
. 
. 
Sec. 15. 5 MRS A §12004-a, sub-§7, as enacted by PL 1987, c. 786, §5, IS 
repealed. 
Sec. 16. 5 MRSA §12004-G, sub-§4, as enacted by PL 1987, c. 786, §5, IS 
repealed. 
Sec. 17. 5 MRSA §12004-G, sub-§4-B, as enacted by PL 2001; c. 196, § 1, is 
. repealed. 
Sec. 18. 5 MRSA §12004-G, sub-§13-E, asenacted by PL 2001, c. 662, §4, is 
repealed. 
Sec. 19. 5 MRSA §12004-G, sub-§14-E, as enacted by PL 2005; c. 12, Pt. PP, 
§2, is repealed. 
) 
) 
) 
n 
1. 
L) 
Sec. 20. 5 MRSA §12004-G, sub-§26-D, as enacted by PL 1997, c. 506, §2, is 
repealed. 
Sec. 21. 5 MRSA §12004-G, sub-§33-E, as amended by PL 2005, c. 19, § 1, is 
repealed. 
Sec. 22. 5 MRSA §12004-I, sub-§13-A, as enacted by PL 2007, c. 342, S 1, is 
repealed. 
Sec. 23. 5 MRSA §12004-1, sub-§18-C, as amended by PL 2003, c. 20, Pt. TT, 
§ 1, is repealed. 
Sec. 24. 5. MRSA §12004-I, sub-§18-E, as enacted by PL 2003, c. 710, §1, is 
repealed. 
Sec. 25. 5 MRS A § 12004-1, sub-§24, as amended by PL 2003, c. 414, Pt. B, §9 
and affected by c. 614, §9, is repealed. 
. 
Sec. 26. 5 MRSA §12004-I, sub-§24-B; as enacted by PL 199 i, c. 698, § I, is 
repealed. 
Sec. 27. 5 MRS A §12004-I, sub-§29-D, as enacted by PL 2007, c. 193, §5, is 
repealed. 
Sec. 28. 5 MRSA §12004-I, sub-§36-D, as enacted by PL 1997, c. 560, Pt. D, 
§ I, is repealed. 
Sec. 29. 5 MRSA §12004-I, sub-§42, as amended by PL 1993, c. 384, § 1, is 
repealed. 
Sec. 30. 5 MRSA §12004-I, sub-§47-F, as e!1acted by PL 2003, c. 465, §2, is 
repealed. 
Sec. 31. 5 MRS A §12004-I, sub-§57-D, as enacted by PL 1999, c. 85, § I, is 
repealed. 
Sec. 32. 5 MRSA §12004-1, sub-§75-A, as enacted by PL 1989, c. 410, §20, is 
repealed. 
. 
Sec. 33. 5 MRSA §12004-J, sub-§lO, as enacted byPL 1991, c. 417, §2, is 
repealed. 
Sec. 34. 5 MRSA §12004-K, sub-§l, as enacted by PL 1987, c. 786, §5, is 
repealed. 
Sec; 35. 5 MRS A §12004-K, sub-§lO, as enacted by PL 1987, c. 786, §5,is 
rep~I~. 
. 
Sec. 36. 5 MRSA §12004-K, sub-§11, as enacted by PL 1987, c. 786, §5, is , 
repealed. 
Sec. 37. 5 MRS A §13103, as amended by PL 2005, c. 168,§§ 1 and 2, is repealed. 
Sec. 38. 5 MRSA §13104, as enacted by PL 2001, c. 196, §9, is repealed. 
Sec. 39. 5 MRSA §13105, sub-§2, crrc, as amended by PL 2005, c. 19, §2, is 
fUJiher amended toread: 
C., The development of new commercial products and the fabrication of such 
products in the State through the Maine Technology Institute under section 15302 
and the technologv centers under section 15321; and 
Sec. 40. 5 MRSA §15303, sub-§6-B, as enacted by PL 2001, c. 196, §10,is 
I I 
repealed. 
Sec. 41. 5 MRSA c. 407, sub-c. 2, as amended, is repealed. 
Sec. 42. 5 MRSA §19202, as amended by PL 2001, c. 354, §3 and corrected by 
RR 2003, c. 2, § 1 0 and amended by c. 689, Pt. B, §6, is repealed. 
' 
Sec. 43. 5 MRSA §19203-C, sub-§10, as enacted by PL 1995, c. 404, §13, is 
repealed. 
. 
, 18 
Sec. 44. 5 MRSA §19205, sub-§2, as amended by PL 1995, c. 404, § 19 and PL 
2003, c. 689, Pt.B, §7, is fUJiher amended to read: 
2. Coordination of services. A person designated by the Commissioner of Health 
and Human Services shall ensure coordination of new and existing services so as to meet 
the needs of persons with ElY or AIDS and identify gaps in programs. 
' 
The committee established in section 12004 I, subsection 42, shall work ,,,ith the person 
designated in this chapter to ensure the coordination of services to meet the needs of 
oersons with HI\, or AIDS. 
Sec. 45. 7 MRS A §1, as amended by PL 1995, c. 693, §3, is fllJiher amended to 
read: 
§1. Department of Agrieulture, Food and Rural Resources 
The Depmiment of 'Agriculture, Food and Rural Resources, is established and is 
maintained for the improvement of agriculture and the advancement of the interests of 
hu~bandry. The Department of Agriculture, Food and Rural Resources is referred to in 
this Title as the "department" and consists of the Commissioner of Agriculture, Food and 
Rural Resources, in this Title called the "commissioner," and 'the following: +fie 
Aroostook "Vater and Soil Management Board, the Board of Pesticide ContJ;ol, the Maine 
Milk Commission, the Maine Potato Board, the Seed Potato Board, the Harness Racing 
Commission and. the Board of Veterinary Medicine. The commissioner is appointed by 
the Governor, subject to review by the joint standing committee of the Legislature having 
) 
) 
) 
n· 
I 
U 
jurisdiction over agriculture matters and to confirmation by the Legislature, and holds 
office during the pleasure ofthe Governor. The commissioner is entitled to receive actual 
expenses incurred in the performance of the commissioner's official duties. The 
commissioner may employ such clerical labor as may be required, subject to the Civil 
Service Law, and may expend such sums for postage, telephone, telegraph and other 
general office expenses as may be necessary in the performance of the commissioner's 
duties, the same to be paid out of any money appropriated by the LE<gislature for ~uch 
purpose. 
Sec. 46. 7 MRSA c. 11, as amended, is j·epealed. 
Sec. 47. 10 MRS A §949, slllb-§2, €[B, as enacted by PL 2007, c. 420, §7, IS 
amended to read: 
. 
B. +ltirty Twenty-six members appointed by the Governor: 
(1) Seven representatives from the for-profit business community within the 7 
targeted technologies as defined in Title 5, section 15301; 
(2) Seven representatives involved with nonprofit research institutions within the 
targeted technologies as defined in Title 5, section 15301; 
(3) Four representatives of the Maine Biomedical Research Board established 
pursuant to Title 5, section 12004 G, subsection liB; 
(4) Two representatives from nonprofit research laboratories with main offices 
or headquaIiers in this State and derrionstrated expeliise and credentials in marine 
research; 
. 
(5) One representative of the University of Maine and one representative of the 
University of Southern Maine; 
(6) Four representatives ofpr~vate universities and colleges within the State; 
(7) 
One representative of the University of Maine Center for Law and 
Innovation; 
(8) One representative of the Small Enterprise Growth Program as established in 
section 381; and 
(9) Two representatives with demonstrated expeliise in venture capital. 
Sec. 48. 10 MRS A §8001, slllb-§38, ~G, as enacted by PL 1995, c. 397, § 11, is 
repealed. 
. 
. 
. 
Sec. 49.12 MRS A §6024, sub-§I-A, as amended by PL 2007, c. 695, Pt. K, §1, 
is fUliher amended to read: 
I-A. Appointment; composition; term; compensation. The Marine Resources 
Advisory Council, established by Title 5, section 12004-G, s'ubsection 27, consists of +6 
members. The chair of the Lobster Advisory COllncil, the chair of the Marine 
~ational Fishing i\dvisory Council, the chair of the Sea Run Fisheries and Habitat 
Advisory Council, the chair of the Sea Urchin Zone COllncil and the chair of the Shellfish 
Advisory Council are ex officio members of the c~uncil. Each other m.ember is appointed 
.. 
by the· Governor and· is subject to review by the joilit staildingcommittee of the 
Legislature having jurisdiction over marine resources matters and to confirmation by the 
Legislature. Five meI'nbers must be persons who are licensed under this Part to engage in· 
commercial harvesting activities. Those 5 members are select~d by the Governor from 
names recommended to the Governor by groups representing commercial harvesting 
interests. Each member must represent a different commercial harvesting activity, except 
that none of those 5 members may represent lobster harvesters. The remaining 6 members 
must include orie public member, 4 persons who hold a nonharvesting-related license 
under this Part and bne person representing the aquaculture industry. The Govel1lor shall 
select the person to represenf the aquaculture industry from among the names 
recommended by. the aquaculture industry. The composition of the council must reflect a 
geographical distribution along the coast. All appointed members are_appointed for a term 
of 3 years, except a vacancy must be filled inthe same manner as an original member for 
the unexpired portion of the term. An appointed member may not serve for more than 2 
consecutive terms. Appointed members serve until their successors are appointed. The 
chair of the Lobster Advisory Council, the chair of the t·.4arine Recreational Fishing. 
Adviso!)' Council, the chair of the Sea Run Fisheries and Habitat Advisory Council, the 
chair of the Sea Urchin Zone Council and the chair of the Shellfish Advisory Council 
shall serve until a new chair of the Lobster Advisory Council, a ne'"" chair of the Marine 
Recreational Fishing Adviso!)' Council, a new chair of the Sea Run Fisheries and Habitat 
Advisory Council, a new chair of the Sea Urchin Zone Councilor a new chair of the 
Shellfish Advisory Council, respectively, is chosen. Members are compensated as 
provided in Title 5, chapter 379. . 
Sec. 50. 12 MRSA §6033, as ·enacted by PL 1999, c. 85, §4, is repealed. 
Sec. 51. 12 MRSA §6034, sub-§l, as amended by PL 2005, c. 505; § 1, is further 
amended to read: 
1. Appointment; composition. The Commercial Fishing Safety Council, referred to 
in this section as "the council" and established by Title 5, section 12004-1, subsection 
57-E, consists of -1-+ lQ mem.bers, 15 of whom are appointed by the commissioner as 
follows: ' 
. 
A. 
One member who is a license holder under this Part and a member of the 
Lobster Advisory Council, recommended by the chair of the Lobster Advisory 
Council; 
B. 
One member who is a license holder unde .. this Part and a member of the Mai"ine 
Resources Advisory Council, recommended by the chair of the Marine Resources 
Advisory Council; 
. C. 
One member who is a license holder under this Part and a member of the Sea 
Urchin Zone Council, recommended by the chair of the Sea Urchin Zone Council; 
D. 
Five members who are license holders under this Part and who represent 
commercial marine harvesting activiti.es; 
E. 
An educator experienced in community-based adult education and volunteer 
safety training; 
. Page 7 - i24LRI953(OI)-1 
) 
) 
) 
n 
U 
F. 
An expel1 in fishing industry risk analysis and occupational health; 
G. 
An expel1 ill marine safety equipment; 
H; 
A representative of the marine insurance industry; 
I. 
A marine surveyor; 
J. 
Aspouse or domestic partner of a license holder under this Pat1; and 
K. 
A member ofthe public. 
The chair of the Marine Resources Advisory Council and the chair of the Marine 
. Recreational Fishing Advisory Council are is an ex officio members member of the 
council. The composition of the council must reflect a geographic distribution along the 
coast of the State. The council may invite to carry ,out the duties of the council other 
pal1icipants on an ad hOG basis, including representatives of private or governmental 
organizations or individuals with expertise or' interest in marine, education, labor or' 
health matters. 
Sec. 52. 12 MRSA §10051, 2nd ~, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is amended to read: 
The, depat1ment consists of the Commissioner of Inland Fisheries and Wildlife, a 
Jeputy commissioner, the Bureau. of Administrative Services, the Bureau of Resoul'ce 
Management and the Bureau of Warden Service. The depat1ment also includes the 
Advisory Board for the Licensing of Guides, the Junior Maine Guic!es and Trip Leaders' 
Curriculum Board and whatever state agencies that are designated. The depat1ment is 
under the control and supervision of the commissioner. 
Sec. 53. 12 MRSA §10154, as enacted by PL 2003, c.A14, Pt. A, §2 and affected 
by Pt. D, §7 and c. 614, §9 and amended by c. 689, Pt. B, §6, is repealed. 
'~' 
Sec. 54. 12 MRSA §12860, sub-§5, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is amended to read: 
5. Curriculum. 
\Vith the advice of the Junior Maine Guides and Trip Lei!gers 
Curriculum Advisory Board, the The commissioner shall review and adopt a trip leader 
safety course curriculum that includes, but is not limited to: 
A.Training in first aid; 
B .. Training in water safety, including lifesaving techniques as appropriate; and 
C. 
Trip leader .qualifications and required experience for the special waiver 
procedure in subsection 4. ' 
The commissioner shall publish the curriculum adopted or approiv'ed by the Junior Maine 
. Guides and Trip Leaders Curriculum Advisory Board and a current list of courses, with 
the aooroved cllrriculum, by name and address. 
. 
Sec. 55. 13 MRSA c. 85, sub-c. 2,- art. 6, as amended, is repealed. 
Sec. 56. 20-A MRSA c. 7, as amended, is repealed. 
-.~ 
Sec. 57. 20-A MRSA c. 117, sub-c. 5, as amended, is repealed. 
Sec. 58. 20-A MRSA§9501, sub-§2, as amended by PL 1997, c. 266, § 11, is 
further amended to read: 
2. Exemptions. Educational programs related to the real estate professions that are 
subject to approval under Title 32, chapter 59, commercial driver education schools 
subject to approval by the Secretary of State under Title 29-A, chapter 11, subchapter ill 
1, schools of barbering and schools of cosmetology subject to approval by the Board of 
Bm'bering and Cosmetology under Title 32, chapter 126, educational programs offered by 
any Maine nonprofit corporation, any educational programs offered by any professional 
or trade association primarily for the benefit of its own members and any educational 
institution authorized by the laws of this State to grant a degree are exempt from the 
requirements of this chapter. 
Sec. 59. 20-A MRSA §12523, as enacted by PL 2003, c. 710, §2, is repealed. 
Sec. 60. 20-A MRS A §12531, sub-§2, as enacted by PL 2005,c. 4f 7, § 1, IS 
amended to read: 
2. Eligible employment position. "Eligible employment position" means a full-time 
position within the State as the founder or employee of a technology based business 
developed within the Applied Technology Development Center System, as established in 
Ti~le 5. section 15321. or other statewide recognized economic development entity. 
Sec. 61. 20-A MRSA §19102, sub-§2, as amended by PL 2003, c. 20, Pt. TT, § 1, 
is further amended to read: 
2. Learning technology plan. The use of the fund must be based on a learning 
technology plan, referred to in this section as the "plan," developed annually beginn ing 
for school year 2002-03 by the commissioner ',vith the advice of the advisOl), board 
established under section 19109 and adopted by the Legislature. The annual plnn must be 
designed to achieve the goal of preparing students fbr a future economy that J:elieson 
technology and innovation. 
The plan developed annually by the commissioner and the advisory board must include, 
but is not limited to, consideration of the following: 
A. 
The appropriate structure, governance and oversight of the fund; 
B. 
The current use ofleal11ing technology in classrooms in the State; 
C. 
The current readiness of faculty to use technology in teach'ing; . 
D. 
The professional development needed to integrate technology into classroom 
teaching; 
E. 
Assessment of the strategy and goals for improving and equalizing access to and 
the use of learning technology in all schools; 
F. 
A pran for implementing the plan in several phases, with Phase I implementing 
the plan for all schools, students and teachers at the 7th and 8th grade leve Is; 
) 
) 
) 
i r 
n 
( 
u 
G. 
Strategies that coordinate the resourcesand goals of the fund and the plan with a 
network of schools and libraries in the State administered by the Public Utilities 
Commission and the telecommunications education access fund; 
H. 
Strategies that coordinate learning technology in kindergarten t() grade 12 
education with initiatives and resources of the State's -postsecondary education 
institutions; and 
I. 
Data tracking and assessment of the progress of implementing the goals of the 
fund and the plan. 
Sec. 62. 20-A MRSA §19103, sub-§2, as amended by PL 2003, c. 20, Pt. TT, § 1, 
lOis flIIiher amended to read: 
2. Fundraising pJan. The commissioner and the Commissioner of Administrative 
and Financial Services shall, for the duration of the fund, identify and submit grant and 
fundraising proposals in suppOIi of the priorities of the learning technology plan 
established pursuant to section 19102 to federal, corporate, foundation or other 3rd-paJiy 
sources as appropriate. 
. In conjunction 'tvith the advisOl)' board established under section 19109, the The 
commissioner and the Commissioner of Administrative and Financial Services shall 
develop a plan for fundraising and identifying grant sources that is designed to raise 
sutlicient funds to enable the learning technology plan to expand to the secondary school 
level. 
The fundraising plan must identify specific funding sources, as appropriate, 
timelines and an assessment of the probability of success. 
In order to preserve the integrity of the educational purposes of the learning technology 
plan, all fundraising and grant proposals must be consistent with the goals and terms of 
the learning technology plan. 
The commissioner and the Commissioner of 
Administrative and Financial Services in conjunction ',vith the advisory board established 
under' section 19109 shall develop any necessary guidelines for fundraising and grant 
proposals in order to carry out this requirement. 
Sec. 63. 20-A MRSA §19105, sub-§l, as enacted by PL 2001, c. 358, Pt. II, §6, 
is amended to read: 
1. 
Annual pJan recommendation. 
Prior to December 15th of each year, the 
commissioner, after consultation 'tvith the adviso!)' bOUl'd established under section 19109 
and the Commissioner of Administrative and Financial Services ilfHi~ after receiving the 
approval of the state board, shall recommend to the Governor and the Department of 
Administrative and Financial Services, Bureau of the Budget the funding level for 
implementing the annual learning technology plan. 
Sec. 64. 20-A MRS A §19108, sub-§2, as enacted by PL 2001, c. 358, Pt. II, §6, 
is repealed. 
Sec. 65. 20-A MRS A §19109, as amended by PL 2003, c. 20, Pt. TT, §1, IS 
repealed. 
Page IO-t24LRt953(Ot)-t 
Sec. 66. 20-A MRSA §19110, as enacted by PL 2001, c. 358, Pt. II, §6, IS 
repealed. 
, 
' 
Sec. 67. 22 MRSA §271, sub-§2, as enacted by PL1997, c. 560, Pt. D, §2, is 
repealed. 
Sec. 68. 22 MRSA §272, sub-§l, as enacted by PL 1997, c. 560, Pt. D, §2, is 
amended to read: 
,7 
1. 
Program established. 
The Tobacco Prevention and Control Program is 
established in the bureau. The purposes of the program are to prevent the State's youths 
, 9 
from ever using tobacco products and to assist youths and adults who currently smoke 
cigarettes and use other tobacco products to discontinue that use. The program includes 
lIthe following components: 
A. 
An ongoing, major media campaign to: , 
(1) Educate the public about the health hazards, costs and other relevant facts 
surrounding the use of tobacco products; 
(2) Encourage young people not to begin using tobacco products; 
(3) Motivate the users of tobacco products to discontinue smoking; and 
(4) Encourage public acceptance of smoke-free environments; 
B. 
Grants for funding community-based programs aimed attobacco prevention and 
control, including funding of tobacco prevention and control education for those 
school administrative units thatchoose to offer such programs to primary, middle and 
high school students; for community-based enforcement of state tobacco control 
laws, including sales to minors and for cessation services; 
C. 
Procedures for monitoring and evaluating the prevention and control program, 
including: 
, 
' 
' 
(1) 
Monitoring anc;! maintaining the program's effectiveness through an 
evaluation of each component; and 
(2) Assessing the prevalence of the use of tobacco products and knowledge 
about and attitudes towards such use on a statewide and community basis; and 
D. 
In conjunction with law enforcement and other state and federal agencies, 
increased law enforcement efforts to increase compliance with laws regarding the 
, 31 
tl:ansportation, distribution and sal~ of cigarettes and tobacco products. 
The bureau shall administer the program with the re';'ie\ .... and advice provided by the 
council in subsection 2 and may contract for DFofessional services to carry out the 
program. 
Sec. 69. 22 MRSA §272, sub-§2, as amended by PL 2001, c. 354, §3 and PL 
2003, c. 689, Pt. B, §6, is repealed. 
Sec. 70. 22 MRS A §S107-J, as enacted by PL 2003, c. 465, §4,is repealed. 
rage 11 - 124LR1953(OI)-1 
) 
) 
) 
n 
r 
\ 
' 
( 
( 
) 
.~ 
, 1 
'10 
' 
- 12 
Sec. 71. 24-A MRSA §6981, sub-§2, as enacted by PL 2007, c. 447, § 11, IS 
amended to read: 
2. Cooperative agreements. Dirigo Health may enter into voluntary cooperative 
agreements with a public purchaser for purchasing purposes and administrative functions. 
If a cooperative agreement is. entered into pursuant to this 'subsection, the self-
administered plan and any public purchaser shall maintain separate and distinct risk pools 
and reserves and may not commingle risk" pools or reserve funds under any 
circumstances. For the purposes of this subsectioil, "public purchaser" means an entity 
that purchases health coverage in whole or in paIi with public funds, including, but not 
limited to, the state employee health insurance progl'am, the University of Maine System, 
, the Maine Community College System, the Maine Education Association benefits trust, 
the Maine School Management Association benefits trust and municipal and counPj 
governments. For the purposes of this subsection, "public purchaser" does not mean the 
Depaliment of Health and Human Services, Office of MaineCare Services m(cept for 
cooperative agreements for the purchasing of pharmaceuticals pursuant to Title 5, section 
W:H. 
Sec. 72. 27 MRSA §86-A, first ~, as amended by PL 1993, c. 361, Pt. A, §3, is 
fllliher amended to read: 
,23 
The Maine State Museum holds title, as trustee for the State, to all historical 
materials, other than documents Or other library or archival items under the administrative 
jurisdiction of the Maine State Library or the Ma,ine State Archives, that are or may 
become the property of the State and are or may be houseq in the public buildings of the 
State. These historical materials include the banners and flags presently housed in the 
State House Hall of Flags and I~ay include, but are not restricted to, paintings, sculptures 
and other works of ali dealing with historic subjects or executed by historically 
significant artists; flags, banners, insignia, medals, firearms, edged weapons, uniforms 
and other accoutrements relating to Maine military personnel or units; furnishings, 
utensils, implements, tools, machinery and other devices having paliicular historical 
significance to the State, The State Capitol Building is in the jurisdiction of the &tate 
House and Capitol PaFk: Planning Commission. . 
Sec. 73. 32 MRSA c. 126, as amended, is repealed. 
Sec. 74. 34-B MRSA §5439, sub-§8, ~A, as reallocated by PL 2007, c. 695, Pt. 
A, §41, is amended to r~ad: 
A. The commissioner shall: 
(I) Ensure the input of consumers, personal assistants and any organization that 
represents personal assistants regarding providing a livable wage for personal 
care assistance services. The commissioner may seek input through one or more, 
public hearings 0[ by other means determined reasonable by the commissionert 
aOO~ 
. 
(2) 
Seek adviCe and input from the Long term Care Oversight Committee 
'established in Title 22. section 5107 J to determine whether the rates of 
reimbursement are sufficient for consumers to recruit, hire and retain personal 
care assistants. 
Sec. 75. 37-B MRS A §113J, as amended by PL 2003, c. 404, §§ 11 to 14 and c. 
·.689, Pt. B, §7, is repealed. 
Sec. 76. 38 MRSA §470-lF, as enacted by PL 2001, c. 619, §1, is amended to 
read: 
§470 .. F .. Local water use policies encouraged 
The department shall encourage and cooperate with state, regional or municipal 
agencies, boards or organizations in the development and adoption of regional or local 
water use policies that protect the environment from excessive drawdown of water 
sources during low-flow periods~· The department .shall encourage those entities, in 
developing those policies, to review previously adopted low-flow policies, including any 
such policies adopted by the Aroostook ',vater and Soil Management Board established in 
Title 7. section 332. 
. 
Sec.· 77. 38 MRSA §551-A, as amended by PL 2007, c. 292, §§30 to 32, IS 
repealed. 
SUMMARY 
This bill repeals boards that did not file annual rep0l1s in either 2007 or 2008, or that 
filed a report that indicated inactivity for 2007 and 2008. The boards and commissions 
being repealed are: 
1. Citizens' Code of Conduct Working Group; 
,. 
2. Long-term Care Oversight Committee; 
3. Maine HfV Advisory Committee; 
4. Publicly Supported Private Secondary School Advisory Council; 
5. Tobacco Prevention and Control Advisory Council; 
6. Technology Center Coordinating Board; 
7. Maine Criminal Justice Commission; 
8. Oil Spill Advisory Committee; 
9. River Flow Advisory Commission; 
10. Advisory Board of the Maine Learning Technology Fund; 
11. Aroostook Water and Soil Management Board; 
12. Board of Barbering and Cosmetology; 
) 
) 
) 
n 
13. Education Commission of the States; 
14. Junior Maine Guides and trip Leaders Curriculum Advisory Board; 
15. Maine Agricultural Bargaining Board; 
16. Maine Biomedical Research Board; 
17. Maine Engineers Recruitment and Retention Advisory Committee; 
18. Maine-Canadian Legislative Advisory Commission; 
19. Marine Recreational Fishing Advisory Council; 
20. New England and Eastern Canada Legislative Commission; 
21. Pharmaceutical Cost Management Council; 
22. State Compensation Commission; and 
23. State House and Capitol Park Commission. 
This bill corrects cross-references. 
( 
l 
; 
,----/