An Act To Make Supplemental Appropriations and Allocations for the Expenditures of State Government and To Change Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending J nne 30, 2012 and June 30, 2013
Maine Legislature, Session 125, LD 1746
Committee Amendment CA_A_S572 (Senate)
Amends: 8 MRSA §1036, 22 MRSA §3174-N, 22 MRSA §3174, 5 MRSA §1700, 5 MRSA §17001, 22 MRSA §3174-T, 22 MRSA §3174-U, 22 MRSA §7250, 36 MRSA §5219-H, 5 MRSA §7-B, 5 MRSA §1582, 5 MRSA §6204, 12 MRSA §8003, 12 MRSA §8901, 2 MRSA §6, 22 MRSA §3174-G, 3 MRSA §959, 4 MRSA §422, 5 MRSA §939-A, 5 MRSA §19202, 5 MRSA §20002, 5 MRSA §20003, 5 MRSA §20004, 5 MRSA §20005, 5 MRSA §20006-A, 5 MRSA §20006-B, 5 MRSA §20007, 5 MRSA §20008, 5 MRSA §20021, 5 MRSA §20022, 5 MRSA §20023, 5 MRSA §20024, 5 MRSA §20041, 5 MRSA §20043, 5 MRSA §20044, 5 MRSA §20047, 5 MRSA §20048, 5 MRSA §20050, 5 MRSA §20065, 5 MRSA §20067, 5 MRSA §20072, 17 MRSA §200, 20-A MRSA §6621, 22 MRSA §272, 22 MRSA §1558-A, 22 MRSA §3739, 22 MRSA §4004-A, 22 MRSA §7246, 22 MRSA §7247, 22 MRSA §7248, 22 MRSA §7249, 22 MRSA §7252, 26 MRSA §687, 26 MRSA §688, 28-A MRSA §1703, 29-A MRSA §2401, 29-A MRSA §2411, 29-A MRSA §2455, 29-A MRSA §2472, 29-A MRSA §2502, 29-A MRSA §2505, 32 MRSA §6212, 32 MRSA §13795, 34-B MRSA §1219, 5 MRSA §1591, 22 MRSA §3174-I, 22 MRSA §3472, 22 MRSA §5104, 22 MRSA §5104-A, 22 MRSA §5105, 22 MRSA §5304, 22 MRSA §6202, 22 MRSA §7861, 36 MRSA §6220, 34-B MRSA §5439, 34-B MRSA §19001, 34-B MRSA §3861, 34-B MRSA §1223, 34-B MRSA §5005, 34-B MRSA §5470-B, 34-B MRSA §5604, 34-B MRSA §5604-A, 34-B MRSA §560, 22 MRSA §254-D

COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746, Bill, "An Act To Make 
Supplemental Appropriations and Allocations for the Expenditures of State Government 
and To Change Certain Provisions of the Law Necessary to the Proper Operations of 
State Government for the Fiscal Years Ending J nne 30, 2012 and June 30, 2013" 
Amend the bilI by striking out the title and substituting the following: 
'An Act To Make Supplemental Appropriations and Allocations for the 
Expenditures of State Government and To Change Certain Provisions of the Law 
Necessary to the Proper Operations of State Government for the Fiscal Year Ending 
June 30,2013' 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-I. Appropriations and allocations. The following appropriations and 
allocations are made. 
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF 
Revenue Services, Bureau of 0002 
Initiative: Provides funding for advertising and mailing costs to implement a use tax 
compliance program. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2011-12 
$0 
$0 
COMMITTEE AMENDMENT 
2012-13 
$330,000 
$330,000 
COMMITTEE AMENDMENT "An to S.P. 600, L.D. 1746 
Revenue Services, Bureau of 0002 
Initiative: Provides funding to initiate an overtime project to enhance revenue discovery 
and revenue collections. The project will increase gross revenue from income and sales 
and use taxes by an estimated $2,000,000 in fiscal year 2012-13. 
GENERAL FUND 
Personal Services 
All Other 
GENERAL FUND TOTAL 
Solid Waste Management Fund 0659 
2011-12 
$0 
$0 
$0 
2012-13 
$210,000 
$20,000 
$230,000 
Initiative: Provides funding for the operation of the Dolby Landfill in the Town of East 
Millinocket. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
ADMINISTRATIVE AND FINANCIAL 
SERVICES, DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL - ALL FUNDS 
CONSERVATION, DEPARTMENT OF 
Office of the Commissioner 0222 
2011-12 
$0 
$0 
2011-12 
$0 
$0 
2012-13 
$320,000 
$320,000 
2012-13 
$880,000 
$880,000 
Initiative: Reduces funding by eliminating one Commissioner of Conservation position. 
This initiative relates to the creation of the new Department of Agriculture, Conservation 
and Forestry. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
GENERAL FUND TOTAL 
2011-12 
0.000 
$0 
$0 
COMMITTEE AMENDMENT 
2012-13 
(1.000) 
($107,688) 
($107,688) 
COMMITTEE AMENDMENT "Au to S.P. 600, L.D. 1746 
CONSERVATION, DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL - ALL FUNDS 
2011-12 
$0 
$0 
2012-13 
($107,688) 
($107,688) 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY BDS) 
Developmental Services - Community 0122 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services, Office of Elder and Adult Services and Office of Adults with Cognitive and 
Physical Disability Services. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
GENERAL FUND TOTAL 
Developmental Services Waiver - MaineCare 0987 
2011-12 
0.000 
$0 
$0 
2012-13 
(3.000) 
($224,577) 
($224,577) 
Initiative: Provides funding in the MaineCare and MaineCare-related accounts necessary 
to make cycle payments through the remainder of the 2012-2013 biennium. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Developmental Services Waiver - MaineCare 0987 
2011-12 
$0 
$0 
2012-13 
$6,299,768 
$6,299,768 
Initiative: Adjusts funding for Medicaid services as a result of the decrease of the Federal 
Medical Assistance Percentage. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Developmental Services Waiver - Supports Z006 
2011-12 
$0 
$0 
2012-13 
$1,190,669 
$1,190,669 
Initiative: Provides funding in the MaineCare and MaineCare-related accounts necessary 
to make cycle payments through the remainder of the 2012-2013 biennium. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Developmental Services Waiver - Supports Z006 
2011-12 
$0 
$0 
2012-13 
$5,658,034 
$5,658,034 
Initiative: Adjusts funding for Medicaid services as a result of the decrease of the Federal 
Medical Assistance Percentage. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Developmental Services Waiver - Supports Z006 
2011-12 
$0 
$0 
2012-13 
$91,346 
$91,346 
Initiative: Provides funds to serve individuals on the waiting list for services under the 
MaineCare Benefits Manual, Chapter II, Section 29, Support Benefits for Adults with 
Intellectual Disabilities or Autistic Disorder. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2011-12 
$0 
$0 
Disproportionate Share - Dorothea Dix Psychiatric Center 0734 
2012-13 
$500,000 
$500,000 
Initiative: Adjusts funding for Medicaid services as a result of the decrease of the Federal 
Medical Assistance Percentage. 
GENERAL FUND 
Personal Services 
GENERAL FUND TOTAL 
Disproportionate Share - Riverview Psychiatric Center 0733 
2011-12 
$0 
$0 
2012-13 
$73,700 
$73,700 
Initiative: Adjusts funding for Medicaid services as a result of the decrease of the Federal 
Medical Assistance Percentage. 
GENERAL FUND 
Personal Services 
All Other 
2011-12 
$0 
$0 
COMMITTEE AMENDMENT 
2012-13 
$111,280 
$40,232 
COMMITTEE AMENDMENT "An to S.P. 600, L.D. 1746 
GENERAL FUND TOTAL 
$0 
$151,512 
Dorothea Dix Psychiatric Center 0120 
Initiative: Adjusts funding for Medicaid services as a result of the decrease of the Federal 
Medical Assistance Percentage. 
OTHER SPECIAL REVENUE FUNDS 
Personal Services 
OTHER SPECIAL REVENUE FUNDS TOTAL 
FHM - Substance Abuse 0948 
2011-12 
$0 
$0 
2012-13 
($73,700) 
($73,700) 
Initiative: Adjusts funding for Medicaid services as a result of the decrease of the Federal 
II 
Medical Assistance Percentage. 
FUND FOR A HEALTHY MAINE 
All Other 
FUND FOR A HEALTHY MAINE TOTAL 
Medicaid Services - Developmental Services 0705 
2011-12 
$0 
$0 
2012-13 
$17,976 
$17,976 
Initiative: Provides funding in the MaineCare and MaineCare-related accounts necessary 
to make cycle payments through the remainder of the 2012-2013 biennium. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Medicaid Services - Developmental Services 0705 
2011-12 
$0 
$0 
2012-13 
$1,201,050 
$1,201,050 
Initiative: Adjusts funding for Medicaid services as a result of the decrease of the Federal 
Medical Assistance Percentage. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Mental Health Services - Child Medicaid 0731 
2011-12 
$0 
$0 
COMMITTEE AMENDMENT 
2012-13 
$592,079 
$592,079 
COMMITTEE AMENDMENT "Au to S.P. 600, L.D. 1746 
Initiative: Reduces funding by eliminating optional coverage under the MaineCare 
program for persons 19 and 20 years of age with income less than or equal to 150% of the 
nonfarm income official poverty line. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Mental Health Services - Child Medicaid 0731 
2011-12 
$0 
$0 
2012-13 
($238,173) 
($238,173) 
Initiative: Provides funding in the MaineCare and MaineCare-related accounts necessary 
to make cycle payments through the remainder of the 2012-2013 biennium. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Mental Health Services - Child Medicaid 0731 
2011-12 
$0 
$0 
2012-13 
$4,709,869 
$4,709,869 
Initiative: Adjusts funding for Medicaid services as a result of the decrease of the Federal 
Medical Assistance Percentage. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Mental Health Services - Children 0136 
2011-12 
$0 
$0 
Initiative: Reduces funding by reducing contracts for residential services. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Mental Health Services - Children 0136 
2011-12 
$0 
$0 
2012-13 
$470,754 
$470,754 
2012-13 
($1,250,000) 
($1,250,000) 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services, Office of Child and Family Services. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "An to S.P. 600, L.D. 1746 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
GENERAL FUND TOTAL 
Mental Health Services - Community 0121 
2011-12 
0.000 
$0 
$0 
2012-13 
(9.000) 
($704,020) 
($704,020) 
Initiative: Eliminates 17 Intensive Case Manager positions, 2 Mental Health Caseworker 
Supervisor positions, one Mental Health Worker III position and one Social Services 
Manager I position in the Mental Health Services - Community program and increases 
All Other funding to expand the department's Projects for Assistance in Transition from 
Homelessness program to a statewide model. The remaining savings will be used to 
contract for case management services. 
GENERAL FUND 
2011-12 
2012-13 
POSITIONS - LEGISLATIVE COUNT 
0.000 
(21.000) 
Personal Services 
$0 
($1,041,182) 
All Other 
$0 
$1,041,182 
GENERAL FUND TOTAL 
$0 
$0 
Mental Health Services - Community 0121 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services, Office of Substance Abuse and Office of Adult Mental Health Services. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
GENERAL FUND TOTAL 
Mental Health Services - Community 0121 
2011-12 
0.000 
$0 
$0 
2012-13 
(4.000) 
($216,208) 
($216,208) 
Initiative: Reduces funding from a 6% reduction in mobile outreach crisis contracts. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Mental Health Services - Community Medicaid 0732 
2011-12 
$0 
$0 
2012-13 
($277,500) 
($277,500) 
Initiative: Reduces funding by eliminating optional coverage under the MaineCare 
program for persons 19 and 20 years of age with income less than or equal to 150% of the 
nonfarm income official poverty line. 
COMMITTEE AMENDMENT 
I 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Mental Health Services - Community Medicaid 0732 
2011-12 
$0 
$0 
2012-13 
($l38,229) 
($l38,229) 
Initiative: Adjusts funding for Medicaid services as a result of the decrease of the Federal 
Medical Assistance Percentage. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Mental Health Services - Community Medicaid 0732 
2011-12 
$0 
$0 
2012-13 
$614,409 
$614,409 
Initiative: Reduces funding from savings from limiting MaineCare reimbursement for 
methadone for the treatment of addiction to opioids to a lifetime maximum of 24 months 
except as permitted with prior authorization beyond 24 months. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Office of Advocacy - BDS 0632 
2011-12 
$0 
$0 
2012-13 
($491,407) 
($491,407) 
Initiative: Eliminates one Public Service Manager II position and one part-time and 6 
full-time Advocate positions to reflect the elimination of the Office of Advocacy and 
increases the current All Other appropriation of $38,292 by $291,763 in order to provide 
$330,055 for a contract for advocacy services. This request will reduce General Fund 
undedicated revenue by $140,259. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
Office of Substance Abuse 0679 
2011-12 
0.000 
$0 
$0 
$0 
2012-13 
(7.500) 
($419,384) 
$291,763 
($127,621) 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services, Office of Substance Abuse and Office of Adult Mental Health Services. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
GENERAL FUND 
Personal Services 
GENERAL FUND TOTAL 
FEDERAL BLOCK GRANT FUND 
Personal Services 
FEDERAL BLOCK GRANT FUND TOTAL 
Office of Substance Abuse - Medicaid Seed 0844 
2011-12 
$0 
$0 
2011-12 
$0 
$0 
2012-13 
$15,000 
$15,000 
2012-13 
$5,907 
$5,907 
Initiative: Provides funding in the MaineCare and MaineCare-related accounts necessary 
to make cycle payments through the remainder of the 2012-2013 biennium. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Office of Substance Abuse - Medicaid Seed 0844 
2011-12 
$0 
$0 
2012-13 
$869,928 
$869,928 
Initiative: Adjusts funding for Medicaid services as a result of the decrease of the Federal 
Medical Assistance Percentage. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Office of Substance Abuse - Medicaid Seed 0844 
2011-12 
$0 
$0 
2012-13 
$53,748 
$53,748 
Initiative: Reduces funding from savings from limiting MaineCare reimbursement for 
methadone for the treatment of addiction to opioids to a lifetime maximum of 24 months 
except as permitted with prior authorization beyond 24 months. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Riverview Psychiatric Center 0105 
2011-12 
$0 
$0 
COMMITTEE AMENDMENT 
2012-13 
($141,733) 
($141,733) 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
Initiative: Adjusts funding for Medicaid services as a result of the decrease of the Federal 
Medical Assistance Percentage. 
OTHER SPECIAL REVENUE FUNDS 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Riverview Psychiatric Center 0105 
2011-12 
$0 
$0 
$0 
2012-13 
($111,280) 
($40,232) 
($151,512) 
Initiative: Provides funding to offset a reduction in disproportionate share payments for 
individuals transferred from jails or prisons, for individuals for whom the court has 
ordered evaluations and for individuals determined to be incompetent to stand trial. 
GENERAL FUND 
Unallocated 
GENERAL FUND TOTAL 
Traumatic Brain Injury Seed Z042 
2011-12 
$0 
$0 
2012-13 
$3,176,972 
$3,176,972 
Initiative: Adjusts funding for Medicaid services as a result of the decrease of the Federal 
Medical Assistance Percentage. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
HEALTH AND HUMAN SERVICES, 
DEPARTMENT OF (FORMERLY BDS) 
DEPARTMENT TOTALS 
GENERAL FUND 
FUND FOR A HEALTHY MAINE 
OTHER SPECIAL REVENUE FUNDS 
FEDERAL BLOCK GRANT FUND 
DEPARTMENT TOTAL-ALL FUNDS 
2011-12 
$0 
$0 
2011-12 
$0 
$0 
$0 
$0 
$0 
2012-13 
$1,669 
$1,669 
2012-13 
$21,861,039 
$17,976 
($225,212) 
$5,907 
$21,659,710 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS) 
Bureau of Child and Family Services - Central 0307 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
I 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services, Office of Child and Family Services. 
l3 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
OTHER SPECIAL REVENUE FUNDS 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Bureau of Child and Family Services - Regional 0452 
2011-12 
0.000 
$0 
$0 
$0 
2011-12 
0.000 
$0 
$0 
$0 
2011-12 
$0 
$0 
$0 
2012-13 
35.000 
$774,988 
$1,151,783 
$1,926,771 
2012-13 
(27.000) 
($1,727,7l3) 
($2,656,179) 
($4,383,892) 
2012-13 
$1,479,798 
($2,668,528) 
($1,188,730) 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services, Office of Child and Family Services. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
2011-12 
0.000 
$0 
$0 
$0 
2011-12 
$0 
$0 
COMMITTEE AMENDMENT 
2012-13 
16.000 
($6,230,149) 
$432,191 
($5,797,958) 
2012-13 
($21,372) 
($21,372) 
COMMITTEE AMENDMENT "Au to S.P. 600, L.D. 1746 
OTHER SPECIAL REVENUE FUNDS 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Bureau of Medical Services 0129 
2011-12 
$0 
$0 
$0 
2012-13 
$7,322,251 
$975,406 
$8,297,657 
Initiative: Establishes 2 Public Service Coordinator I positions funded 50% General Fund 
and 50% Federal Expenditures Fund in the Bureau of Medical Services. 
GENERAL FUND 
Personal Services 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
Bureau of Medical Services 0129 
2011-12 
$0 
$0 
$0 
2011-12 
0.000 
$0 
$0 
$0 
2012-13 
$83,362 
$5,000 
$88,362 
2012-13 
2.000 
$83,362 
$6,341 
$89,703 
Initiative: Provides funding for contract services and other administrative costs of the 
MaineCare Redesign Task Force established in this Act. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
Child Care Food Program 0454 
2011-12 
$0 
$0 
2011-12 
$0 
$0 
2012-13 
$250,000 
$250,000 
2012-13 
$250,000 
$250,000 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services, Office of Child and Family Services. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
FEDERAL EXPENDITURES FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
Child Care Services 0563 
2011-12 
0.000 
$0 
$0 
$0 
2012-13 
(2.000) 
($82,533) 
($327) 
($82,860) 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services, Office of Child and Family Services. 
FEDERAL BLOCK GRANT FUND 
2011-12 
2012-13 
POSITIONS - LEGISLATIVE COUNT 
0.000 
7.000 
Personal Services 
$0 
($140,825) 
All Other 
$0 
$41,647 
FEDERAL BLOCK GRANT FUND TOTAL 
$0 
($99,178) 
Child Support 0100 
Initiative: Establishes 8 Human Services Support Enforcement Agent positions funded 
34% General Fund and 66% Federal Expenditures Fund in the Child Support program. 
The General Fund portion of the positions is funded by the additional undedicated 
revenue generated by these additional positions. 
GENERAL FUND 
Personal Services 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
Departmentwide 0019 
2011-12 
$0 
$0 
$0 
2011-12 
0.000 
$0 
$0 
$0 
2012-13 
$174,240 
$15,000 
$189,240 
2012-13 
8.000 
$338,240 
$30,667 
$368,907 
Initiative: Reduces funding from salary savings. Notwithstanding any other provision of 
law, the State Budget Officer shall calculate the amount of savings in this Part that 
applies to each General Fund account in the Department of Health and Human Services 
and shall transfer the amounts by financial order upon the approval of the Governor. 
These transfers are considered adjustments to appropriations in fiscal year 2012-13. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
GENERAL FUND 
Personal Services 
GENERAL FUND TOTAL 
FHM - Bureau of Health 0953 
2011-12 
2012-13 
$0 
($1,000,000) 
$0 
($1,000,000) 
Initiative: Reduces funding to reflect a redistribution of funding in the Fund for a Healthy 
Maine. 
FUND FOR A HEALTHY MAINE 
All Other 
FUND FOR A HEALTHY MAINE TOTAL 
FHM - Drugs for the Elderly and Disabled Z015 
2011-12 
2012-13 
$0 
($5,718,328) 
$0 
($5,718,328) 
Initiative: Reduces funding from reducing income eligibility levels for the Medicare 
savings program. 
FUND FOR A HEALTHY MAINE 
All Other 
FUND FOR A HEALTHY MAINE TOTAL 
FHM - Family Planning 0956 
2011-12 
$0 
$0 
2012-13 
($1,219,908) 
($1,219,908) 
Initiative: Reduces funding to reflect a redistribution of funding in the Fund for a Healthy 
Maine. 
FUND FOR A HEALTHY MAINE 
All Other 
FUND FOR A HEAL THY MAINE TOTAL 
FHM - Medical Care 0960 
2011-12 
$0 
$0 
2012-13 
($401,430) 
($401,430) 
Initiative: Adjusts funding for Medicaid services as a result of the decrease in the Federal 
Medical Assistance Percentage. 
FUND FOR A HEALTHY MAINE 
All Other 
2011-12 
$0 
COMMITTEE AMENDMENT 
2012-13 
$113,010 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
FUND FOR A HEALTHY MAINE TOTAL 
$0 
$113,010 
FHM - Medical Care 0960 
Initiative: Notwithstanding any other provision of law, adjusts funding by increasing 
funding in the FHM - Medical Care program and decreasing funding in the Medical Care 
- Payments to Providers program to reflect a redistribution of funding within the Fund for 
a Healthy Maine. 
FUND FOR A HEALTHY MAINE 
All Other 
FUND FOR A HEALTHY MAINE TOTAL 
FHM - Purchased Social Services 0961 
2011-12 
$0 
$0 
2012-13 
$9,876,575 
$9,876,575 
Initiative: Reduces funding to reflect a redistribution of funding in the Fund for a Healthy 
Maine. 
FUND FOR A HEALTHY MAINE 
All Other 
FUND FOR A HEAL THY MAINE TOTAL 
2011-12 
$0 
$0 
General Assistance - Reimbursement to Cities and Towns 0130 
Initiative: Provides funding for general assistance benefits. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2011-12 
$0 
$0 
General Assistance - Reimbursement to Cities and Towns 0130 
2012-13 
($1,971,118) 
($1,971,118) 
2012-13 
$4,297,699 
$4,297,699 
Initiative: Provides funding in the General Assistance - Reimbursement to Cities and 
Towns program to bring allocations into line with anticipated resources. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2011-12 
$0 
$0 
General Assistance - Reimbursement to Cities and Towns 0130 
COMMITTEE AMENDMENT 
2012-13 
$449,846 
$449,846 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
Initiative: Allocates funds for 7 limited-period Family Independence Specialist positions 
in the general assistance program and for other costs of the pilot program to maximize 
and expedite the award of federal Supplemental Security Income program benefits for 
recipients of general assistance and to identify and assist veterans who receive assistance 
through programs administered by the Office for Family Independence who may be 
eligible for federal Department of Veterans Affairs cash or medical assistance to access 
those benefits. These positions are established through June 15, 2014. This initiative is 
estimated to generate $1,057,903 in 2012-13 in additional dedicated revenue for the 
general assistance program. Any dedicated revenue in addition to this estimated level 
must be used to offset the savings target of the general assistance working group 
established in this Act. 
OTHER SPECIAL REVENUE FUNDS 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Head Start 0545 
Initiative: Reduces funding for the Head Start program. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
IV-E Foster Care/Adoption Assistance 0137 
2011-12 
$0 
$0 
$0 
2011-12 
$0 
$0 
2012-13 
$469,104 
$976,874 
$1,445,978 
2012-13 
($2,000,000) 
($2,000,000) 
Initiative: Adjusts funding for Medicaid services as a result of the decrease in the Federal 
Medical Assistance Percentage. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
IV-E Foster Care/Adoption Assistance 0137 
2011-12 
$0 
$0 
2012-13 
$13,579 
$13,579 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services, Office of Child and Family Services. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "An to S.P. 600, L.D. 1746 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Low-cost Drugs To Maine's Elderly 0202 
2011-12 
$0 
$0 
2012-13 
$1,418,655 
$1,418,655 
2011-12 
2012-13 
$0 ($15,143,042) 
$0 ($15,143,042) 
2011-12 
$0 
$0 
2012-13 
($72,393) 
($72,393) 
Initiative: Reduces funding from reducing the upper income eligibility level for the Low-
cost Drugs To Maine's Elderly program from 185% to175% ofthe federal poverty level. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Medical Care - Payments to Providers 0147 
2011-12 
$0 
$0 
2012-13 
($112,154) 
($112,154) 
Initiative: Reduces funding from reducing income eligibility for Medicaid services for a 
parent or a caretaker relative of an eligible child from a maximum of 133% of the federal 
poverty level to 100%. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
Medical Care - Payments to Providers 0147 
2011-12 
2012-13 
$0 
($5,866,833) 
$0 
($5,866,833) 
2011-12 
2012-13 
$0 ($10,106,031) 
$0 ($10,106,031) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
Initiative: Reduces funding by eliminating optional coverage under the MaineCare 
program for persons 19 and 20 years of age with income less than or equal to 150% of the 
nonfarm income official poverty line. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
Medical Care - Payments to Providers 0147 
2011-12 
$0 
$0 
2011-12 
$0 
$0 
2012-13 
($3,653,598) 
($3,653,598) 
2012-13 
($6,941,958) 
($6,941,958) 
Initiative: Reduces funding by eliminating ambulatory surgical center services as an 
optional service in the MaineCare program. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
Medical Care - Payments to Providers 0147 
2011-12 
$0 
$0 
2011-12 
$0 
$0 
2012-13 
($77,697) 
($77,697) 
2012-13 
($133,839) 
($133,839) 
Initiative: Reduces funding by eliminating sexually transmitted disease screening clinic 
services as an optional service in the MaineCare program. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2011-12 
$0 
$0 
COMMITTEE AMENDMENT 
2012-13 
($163,463) 
($163,463) 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
Medical Care - Payments to Providers 0147 
2011-12 
$0 
$0 
2012-13 
($181,178) 
($181,178) 
Initiative: Provides funding in the MaineCare and MaineCare-related accounts necessary 
to make cycle payments through the remainder of the 2012-2013 biennium. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
Medical Care - Payments to Providers 0147 
2011-12 
2012-13 
$0 
$32,808,234 
$0 
$32,808,234 
2011-12 
2012-13 
$0 
$124,626,202 
$0 $124,626,202 
Initiative: Adjusts funding for Medicaid services as a result of the decrease in the Federal 
Medical Assistance Percentage. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
Medical Care - Payments to Providers 0147 
2011-12 
$0 
$0 
2012-13 
$6,997,873 
$6,997,873 
2011-12 
2012-13 
$0 ($10,382,324) 
$0 ($10,382,324) 
Initiative: Reduces funding by eliminating the reimbursement for smoking cessation 
products. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
Medical Care - Payments to Providers 0147 
2011-12 
$0 
$0 
2011-12 
$0 
$0 
2012-13 
($179,095) 
($179,095) 
2012-13 
($308,504) 
($308,504) 
Initiative: Notwithstanding any other provisions of law, adjusts funding by increasing 
funding in the FHM - Medical Care program and decreasing funding in the Medical Care 
- Payments to Providers program to reflect a redistribution of funding within the Fund for 
a Healthy Maine. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Medical Care - Payments to Providers 0147 
2011-12 
$0 
$0 
2012-13 
($9,876,575) 
($9,876,575) 
Initiative: Reduces funding from savings from limiting MaineCare reimbursement for 
methadone for the treatment of addiction to opioids to a lifetime maximum of 24 months 
except as permitted with prior authorization beyond 24 months. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
Medical Care - Payments to Providers 0147 
2011-12 
$0 
$0 
2011-12 
$0 
$0 
2012-13 
($730,977) 
($730,977) 
2012-13 
($2,297,941) 
($2,297,941) 
Initiative: Reduces funding from savings from utilizing a crisis assessment in emergency 
departments and savings from initiatives related to institutes for mental disease and 
psychiatric units in private hospitals. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
Medical Care - Payments to Providers 0147 
2011-12 
$0 
$0 
2011-12 
$0 
$0 
2012-13 
($397,500) 
($397,500) 
2012-13 
($684,722) 
($684,722) 
Initiative: Reduces funding by requiring hospital-based primary care practices that also 
provide mental health services to participate in the Maine Health Access Foundation's 
integrated care initiative for outpatient mental health and primary care services effective 
July 1,2012. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
Medical Care - Payments to Providers 0147 
2011-12 
2012-13 
$0 
($1,500,000) 
$0 
($1,500,000) 
2011-12 
2012-13 
$0 
($2,583,855) 
$0 
($2,583,855) 
Initiative: Provides funding to offset the reduction made in PL 2011, c. 380, Part A that 
proposed to reduce reimbursement for outpatient substance abuse and mental health 
services to the MaineCare Benefits Manual, Chapter II, Section 65 rates. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
All Other 
2011-12 
$0 
$0 
2011-12 
$0 
COMMITTEE AMENDMENT 
2012-13 
$1,000,000 
$1,000,000 
2012-13 
$1,722,570 
COMMITTEE AMENDMENT "An to S.P. 600, L.D. 1746 
FEDERAL EXPENDITURES FUND TOTAL 
$0 
$1,722,570 
Medical Care - Payments to Providers 0147 
Initiative: Provides funds to serve individuals on the waiting list for services under the 
MaineCare Benefits Manual, Chapter II, Section 29, Support Benefits for Adults with 
Intellectual Disabilities or Autistic Disorder. 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
Medical Care - Payments to Providers 0147 
2011-12 
$0 
$0 
2012-13 
$861,285 
$861,285 
Initiative: Reduces funding from a reduction in MaineCare hospital crossover payments 
as a result of decreasing income eligibility levels for the Medicare savings program. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
Medical Care - Payments to Providers 0147 
2011-12 
$0 
$0 
2011-12 
$0 
$0 
2012-13 
($1,663,554) 
($1,663,554) 
2012-13 
($2,865,588) 
($2,865,588) 
Initiative: Reduces funding from savings from implementing the recommendations of the 
MaineCare Redesign Task Force established in this Act. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
All Other 
2011-12 
$0 
$0 
2011-12 
$0 
COMMITTEE AMENDMENT 
2012-13 
($5,250,000) 
($5,250,000) 
2012-13 
($9,043,493) 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
FEDERAL EXPENDITURES FUND TOTAL 
$0 
($9,043,493) 
MRJElderly PNMI Room and Board Z009 
Initiative: Provides funding in the MaineCare and MaineCare-related accounts necessary 
to make cycle payments through the remainder of the 2012-2013 biennium. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Nursing Facilities 0148 
2011-12 
$0 
$0 
2012-13 
$8,210,778 
$8,210,778 
Initiative: Provides funding in the MaineCare and MaineCare-related accounts necessary 
to make cycle payments through the remainder of the 2012-2013 biennium. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
Nursing Facilities 0148 
2011-12 
$0 
$0 
2011-12 
$0 
$0 
2012-13 
$7,036,142 
$7,036,142 
2012-13 
$11,852,830 
$11,852,830 
Initiative: Adjusts funding for Medicaid services as a result of the decrease in the Federal 
Medical Assistance Percentage. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
2011-12 
$0 
$0 
2011-12 
$0 
$0 
COMMITTEE AMENDMENT 
2012-13 
$1,538,014 
$1,538,014 
2012-13 
($1,538,014) 
($1,538,014) 
COMMITTEE AMENDMENT "An to S.P. 600, L.D. 1746 
Office of Elder Services Adult Protective Services Z040 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services, Office of Elder and Adult Services and Office of Adults with Cognitive and 
Physical Disability Services. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
Purchased Social Services 0228 
2011-12 
2012-13 
0.000 
3.000 
$0 
$320,194 
$0 
$15,000 
$0 
$335,194 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services, Office of Child and Family Services. 
GENERAL FUND 
Personal Services 
GENERAL FUND TOTAL 
State-funded Foster Care/Adoption Assistance 0139 
2011-12 
$0 
$0 
2012-13 
$12,410 
$12,410 
Initiative: Reduces funding by reducing contracts in the family reunification program. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
State-funded Foster Care/Adoption Assistance 0139 
2011-12 
$0 
$0 
2012-13 
($1,249,500) 
($1,249,500) 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services, Office of Child and Family Services. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
2011-12 
0.000 
$0 
$0 
$0 
COMMITTEE AMENDMENT 
2012-13 
(14.000) 
($1,173,774) 
$3,276,335 
$2,102,561 
COMMITTEE AMENDMENT "An to S.P. 600, L.D. 1746 
FEDERAL EXPENDITURES FUND 
Personal Services 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
OTHER SPECIAL REVENUE FUNDS 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
HEALTH AND HUMAN SERVICES, 
DEPARTMENT OF (FORMERLY DHS) 
DEPARTMENT TOTALS 
GENERAL FUND 
FEDERAL EXPENDITURES FUND 
FUND FOR A HEALTHY MAINE 
OTHER SPECIAL REVENUE FUNDS 
FEDERAL BLOCK GRANT FUND 
DEPARTMENT TOTAL - ALL FUNDS 
2011-12 
$0 
$0 
$0 
2011-12 
$0 
$0 
$0 
2012-13 
$19,803 
$386,872 
$406,675 
2012-13 
$205,995 
($5,652,788) 
($5,446,793) 
2011-12 
2012-13 
$0 
$28,706,608 
$0 
$73,479,559 
$0 
$678,801 
$0 
$3,485,565 
$0 
($99,178) 
$0 
$106,251,355 
INDIGENT LEGAL SERVICES, MAINE COMMISSION ON 
Maine Commission on Indigent Legal Services Z112 
Initiative: Provides funding for representation to indigent persons who are entitled to 
counsel. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
INDIGENT LEGAL SERVICES, MAINE 
COMMISSION ON 
DEPARTMENT TOTALS 
GENERAL FUND 
2011-12 
$0 
$0 
2011-12 
$0 
COMMITTEE AMENDMENT 
2012-13 
$450,000 
$450,000 
2012-13 
$450,000 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
DEPARTMENT TOTAL-ALL FUNDS 
$0 
$450,000 
PUBLIC UTILITIES COMMISSION 
Emergency Services Communication Bureau 0790 
Initiative: Provides funding to cover costs incurred as a result of the need to operate 2 
systems for a period of time as E-9-1-1 operations transition between them. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
PUBLIC UTILITIES COMMISSION 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL - ALL FUNDS 
SECTION TOTALS 
GENERAL FUND 
FEDERAL EXPENDITURES FUND 
FUND FOR A HEALTHY MAINE 
OTHER SPECIAL REVENUE FUNDS 
FEDERAL BLOCK GRANT FUND 
2011-12 
$0 
$0 
2011-12 
$0 
$0 
2011-12 
$0 
$0 
$0 
$0 
$0 
2012-13 
$3,785,230 
$3,785,230 
2012-13 
$3,785,230 
$3,785,230 
2012-13 
$55,575,189 
$73,479,559 
$696,777 
$3,260,353 
($93,271) 
SECTION TOTAL - ALL FUNDS 
$0 $132,918,607 
PARTB 
Sec. B-1. Transfer from available fiscal year 2012-13 Administrative 
Services - Professional and Financial Regulation, Other Special Revenue 
Funds balance to General Fund - Professional and Financial Regulation. 
Notwithstanding any other provision of law, at the close of fiscal year 2012-13, the State 
Controller shall transfer $1,500,000 from the available balance in the Administrative 
Services - Professional and Financial Regulation program, Other Special Revenue Funds 
account within the Department of Professional and Financial Regulation to the General 
Fund unappropriated surplus. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "An to S.P. 600, L.D. 1746 
PARTC 
Sec. C-l. PL 2011, c. 380, Pt. QQ, §§1 and 3 are amended to read: 
Sec. QQ-l. Transfer from unappropriated surplus at close of fiscal years 
2011-12 and 2012-13. Notwithstanding any other provision of law, at the close of 
fiscal year 2011-12 and fiscal year 2012-13, the State Controller shall transfer up to 
$25,000,000 from the unappropriated surplus of the General Fund to the Department of 
Health and Human Services, Medical Care - Payments to Providers account in the 
General Fund after all required deductions of appropriations, budgeted financial 
commitments and adjustments considered necessary by the State Controller have been 
made and as the first priority after the transfers required pursuant to the Maine Revised 
Statutes, Title 5, sections 1507, 1511 and 1522 and before the transfers required pursuant 
to Title 5, section 1536. 
Sec. QQ-3. 
Transfer considered adjustments to appropriations. 
Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision 
of law, amounts transferred pursuant to this Part are considered adjustments to 
appropriations in fiscal year 2012 13 only. These funds may be allotted by financial order 
upon recommendation of the State Budget Officer and approval of the Governor. 
Sec. C-2. Transfer of excess revenue from Oxford Casino. In fiscal year 
2012-13 only, all funds credited pursuant to the Maine Revised Statutes, Title 8, section 
1036, subsection 2-A, paragraph A and subsection 2-B, paragraph A to the Department of 
Education for essential programs and services for kindergarten to grade 12 under Title 
20-A, chapter 606-B in excess of $10,607,813 must be transferred to the Department of 
Health and Human Services, Medical Care - Payments to Providers Other Special 
Revenue Funds account to be expended for hospital settlements. 
PARTD 
Sec. D-l. 
Transfer from unappropriated surplus; Maine Budget 
Stabilization Fund. Notwithstanding any other provision of law, the State Controller 
shall transfer $10,000,000 during fiscal year 2012-13 from the General Fund 
unappropriated surplus to the Maine Budget Stabilization Fund established in the Maine 
Revised Statutes, Title 5, chapter 142. 
Sec. D-2. Transfer for program funding shortfall. Prior to the close of fiscal 
year 2012-13, if the Commissioner of Health and Human Services and the Commissioner 
of Administrative and Financial Services determine that the Riverview Psychiatric Center 
program, General Fund account in the Department of Health and Human Services has 
insufficient resources as a result of a requirement to repay federal funds in that fiscal 
year, the commissioners may declare a budget emergency and the State Controller shall 
transfer from the available balance in the Maine Budget Stabilization Fund established in 
the Maine Revised Statutes, Title 5, chapter 142 to the Riverview Psychiatric Center 
program, General Fund account in the Department of Health and Human Services up to 
the amount of the resources necessary to repay the federal funds up to a maximum 
amount of $7,360,045. 
Amounts transferred may be expended based on allotment 
established by financial order approved by the Governor. The Governor shall inform the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "An to S.P. 600, L.D. 1746 
Legislative Council and the joint standing committee of the Legislature having 
jurisdiction over appropriations and financial affairs immediately upon such a transfer 
from the Maine Budget Stabilization Fund. 
PARTE 
Sec. E-l. 8 MRSA §1036, sub-§2, ~, as amended by PL 2011, c. 477, Pt. DD, 
§ 1, is further amended to read: 
E. Ten percent of the net slot machine income must be forwarded by the board to the 
State Controller and except as otherwise provided in this paragraph credited to the 
Fund for a Healthy Maine established by Title 22, section 1511 and segregated into a 
separate account under Title 22, section 1511, subsection 11, with the use of funds in 
the account restricted to the purposes described in Title 22, section 1511, subsection 
6, paragraph E. For the fiscal years ending June 30, 2010, June 30, 2011 and June 30, 
2012, the amount credited annually by the State Controller to the Fund for a Healthy 
Maine under this paragraph may not exceed $4,500,000 annually and any funds in 
excess of $4,500,000 annually during these fiscal years must be credited as General 
Fund undedicated revenue, and, for the fiscal year ending June 30, 2013, the amount 
credited by the State Controller to the Fund for a Healthy Maine under this paragraph 
is $2.500.000 .$.Q; 
PART F 
Sec. F-l. 5 MRS A §1511, as amended by PL 2005, c. 519, Pt. VV, §2, is further 
amended to read: 
§1511. Loan Insurance Reserve 
The State Controller may, at the close of each fiscal year, as the next priority after the 
transfers authorized pursuant to section 1507, transfer from the Unappropriated Surplus 
of the General Fund to the Loan Insurance Reserve amounts as may be available from 
time to time, up to an amount of $1,000,000 per year after the transfers have been made 
pursuant to section 1507. 
The balance of this reserve must be paid to the Finance 
Authority of Maine if such payment does not cause the balance in the reserve fund 
maintained by the authority, when added to amounts held in the Finance Authority of 
Maine Mortgage Insurance Fund that are not committed or encumbered for another 
purpose, to exceed $35,000,000 $40,000,000. 
Any balance in the Loan Insurance 
Reserve is appropriated for this purpose. 
Sec. F-2. PL 2011, c. 477, Pt. V, §l, as amended by PL 2011, c. 575, Pt. B, §I, is 
further amended to read: 
Sec. V-I. 
Payments to State from Loan Insurance Reserve Fund. 
Notwithstanding any other provision of law, the Finance Authority of Maine shall 
transfer $2,000,000 from the Loan Insurance Reserve Fund to the State as undedicated 
General Fund revenue no later than June 30, 2012 and an additional $1,000,000 
$3,000.000 from the Loan Insurance Reserve Fund to the State as undedicated General 
Fund revenue no later than June 30, 2013. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
PARTG 
Sec. G-1. Implementation of reductions in Fund for a Healthy Maine 
funding for community school grants. Notwithstanding any other provision of law, 
in implementing the reduction in Fund for a Healthy Maine funding in this Act for the 
FHM - Bureau of Health program, Community School Grants account, the Department of 
Health and Human Services may not reduce the number of Healthy Maine Partnerships 
coalitions established under the Maine Revised Statutes, Title 22, section 412, subsection 
from the one tribal and 26 geographic comprehensive community health coalitions that 
are approved for funding for fiscal year 2012-13 as of May 1,2012 and are in compliance 
with the terms of their contracts, except as provided in this section. If the department 
determines that fewer Healthy Maine Partnerships coalitions are required, the department 
must seek and receive approval of a majority of the members of the Statewide 
Coordinating Council for Public Health established under Title 5, section 12004-G, 
subsection 14-G for a reduction in the number of coalitions. 
PARTH 
Sec. H-1. 22 MRS A §1714-D is enacted to read: 
§1714-D. Critical access hospital reimbursement 
Beginning April 1, 2012, the department shall reimburse licensed critical access 
hospitals at 109% of MaineCare allowable costs for both inpatient and outpatient services 
provided to patients covered by the MaineCare program. Of the total allocated from 
hospital tax revenues under Title 36, chapter 375, $1,000,000 in state and federal funds 
must be distributed annually among critical access hospitals for staff enhancement 
payments. 
Sec. H-2. 22 MRSA §3174-NN, as enacted by PL 2009, c. 213, Pt. CC, §5, is 
repealed. 
Sec. H-3. 22 MRSA §3174-00, as enacted by PL 2009, c. 213, Pt. CC, §6, is 
repealed. 
Sec. H-4. Rules for hospital reimbursement. By September 1, 2012, the 
Department of Health and Human Services shall adopt rules to implement hospital 
reimbursement under this Part. Rules adopted pursuant to this section are routine 
technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 
2-A. 
Sec. H-S. Retroactivity. This Part applies retroactively to April 1, 2012. 
PART I 
Sec. 1-1. 5 MRSA §1700l, sub-§19, ~~E and F, as enacted by PL 1985, c. 801, 
§§5 and 7, are amended to read: 
E. Any entity participating in the retirement system before January 1,1976; ef 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
I 
F. 
Any educational institution in the State teaching courses equivalent to or higher 
than secondary institutions7~ 
Sec. 1-2. 5 MRS A §17001, sub-§19, ,G is enacted to read: 
G. Any public charter school, as authorized by Title 20-A, chapter 112. 
Sec. 1-3. 5 MRSA §17001, sub-§30,,n, as enacted by PL 1985, c. 801, §§5 and 
7, is amended to read: 
B. "Public school" does not include: 
(1) Maine Wesleyan Seminary and College, commonly known as Kents Hill 
School, as of September 23,1971; 
(2) Bridgton Academy, as of September 1, 1979; 
(3) Gould Academy, as of September 1, 1979; aM 
(4) North Yannouth Academy, as of September 1,19797; and 
(5) Public charter schools, as authorized by Title 20-A, chapter 112. 
PART J 
Sec. J-1. Development of proposed legislation for new retirement benefit 
plan for state employees and teachers. The Maine Public Employees Retirement 
System, referred to in this section as "the system," with assistance from the Office of 
Policy and Legal Analysis and the Office of the Revisor of Statutes, shall develop 
proposed legislation to implement the combination defined benefit and defined 
contribution retirement plan selected pursuant to Public Law 2011, chapter 380, Part U, 
and described in the "New Pension Plan Design and Implementation Plan" report dated 
March 2012 that was submitted to the Joint Standing Committee on Appropriations and 
Financial Affairs in accordance with Public Law 2011, chapter 380, Part U, section 2. No 
later than January 15, 2013, the system shall submit the proposed legislation to the joint 
standing committee of the Legislature having jurisdiction over state employee and teacher 
retirement matters. 
After receipt and review of the suggested legislation, the joint 
standing committee of the Legislature having jurisdiction over state employee and teacher 
retirement matters may submit a bill to the First Regular Session of the 126th Legislature 
to implement a new retirement plan. 
Sec. J-2. Additional supporting work. 
Upon submission of the proposed 
legislation pursuant to section 1, the Maine Public Employees Retirement System, at the 
request of the joint standing committee of the Legislature having jurisdiction over state 
employee and teacher retirement matters, shall present sufficient details concerning each 
component of the proposed combination defined benefit and defined contribution 
retirement plan as necessary to build a benefit and cost structure, evaluate investment 
alternatives, implement a program for outreach to members, provide an estimate of 
associated administrative costs, evaluate legal considerations, including the form of plan 
documents, and address other policy considerations including costs. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "An to S.P. 600, L.D. 1746 
Sec. J-3. Working group assistance. In order to provide assistance in preparing 
the proposed legislation pursuant to section 1 and the supporting details pursuant to 
section 2, the Executive Director of the Maine Public Employees Retirement System may 
convene a working group composed of the members of the working group that was 
established pursuant to Public Law 2011, chapter 380, Part U. 
PARTK 
Sec. K-l. 
Transfer; unexpended funds; Ground Water Oil Clean-up 
Fund account. Notwithstanding any other provision of law, the State Controller shall 
transfer $500,000 in unexpended funds from the Ground Water Oil Clean-up Fund, Other 
Special Revenue Funds account in the Department of Environmental Protection to 
General Fund unappropriated surplus at the close of fiscal year 2012-l3. 
PARTL 
l3 
Sec. L-l. Emergency rule-making authority; health and human services 
matters. 
The Department of Health and Human Services is authorized to adopt 
emergency rules on or before June 30, 2013 under the Maine Revised Statutes, Title 5, 
sections 8054 and 8073 in order to implement those provisions of this Act over which the 
department has subject matter jurisdiction for which specific authority has not been 
provided in any other part of this Act. Notwithstanding Title 5, section 8054, subsections 
and 2, the Department of Health and Human Services is not required to find that 
immediate adoption is necessary to avoid a threat to public health, safety or general 
welfare. 
PARTM 
Sec. M-l. 36 MRS A §S122, sub-§2, ~L is enacted to read: 
LL. To the extent included in federal adjusted gross income, an amount equal to 
military compensation earned for service pursuant to written military orders during 
the taxable year not performed in this State. For the purposes of this paragraph, 
"military compensation" means active duty pay received as a result of service in the 
active or reserve components of the United States Army, Navy, Air Force, Marines or 
Coast Guard, including active state service as defined in Title 37-B, section 101-A, 
subsection 1. 
Sec. M-2. Application. This Part applies to tax years beginning on or after 
January 1,2014. 
PART N 
Sec. N-l. 36 MRS A §1760, sub-§7-B, as amended by PL 2009, c. 422, §l, is 
further amended to read: 
7-B. 
Products used in commercial agricultural production. 
Sales of seed, 
fertilizers, defoliants and pesticides, including, but not limited to, rodenticides, 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
insecticides, fungicides and weed killers, for use in the commercial agricultural 
production of afl agrieultl:lral or silvicultural crop as defined in section 2013, subsection 1, 
paragraph A. 
Sec. N-2. 36 MRS A §2013, as amended by PL 2011, c. 285, §8 and affected by 
§15 and amended by c. 380, Pt. EEEE, §§1 and 2 and affected by §3, is further amended 
to read: 
§2013. Refund of sales tax on depreciable machinery and equipment purchases 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following words have the following meanings. 
lOA. "Commercial agricultural production" means commercial production of crops fef 
humaR afld aRimal eORsl:1fflptioR, iRcludiRg the commercial productioR of sod, afl 
agrieulturalcompostiRg operatioR as defiRed iR Title 7, sectioR 152, subsectioR 1, the 
commereial produetioR of seed to be used primarily to raise crops for RourishmeRt of 
humafls or aRimals afld the produetioR oflivestock, iRcludiRg the removal afld storage 
of manure from that livestock, plants, trees, compost and livestock. 
A-I. 
"Commercial aquacultural production" means the commercial production of 
cultured fish, shellfish, seaweed or other marine plants for human and animal 
consumption, including: 
(I) All cultivating activities occurring at hatcheries or nurseries, from the egg, 
larval or spore stages to the transfer of the product to a growing site; and 
(2) 
All cultivating activities occurring on water, from the receipt of fish, 
shellfish, seaweed or other marine plants from onshore facilities to the delivery of 
harvested products to onshore facilities for processing. 
B. 
"Commercial fishing" means attempting to catch fish or any other marine 
animals or organisms with the intent of disposing of them for profit or trade in 
commercial channels and does not include subsistence fishing for personal use, sport 
fishing or charter boat fishing where the vessel is used for carrying sport anglers to 
available fishing grounds. 
B-1. "Commercial wood harvesting" means the commercial severance and yarding of 
trees for sale or for processing into logs, pulpwood, bolt wood, wood chips, stud 
wood, poles, pilings, biomass or fuel wood or other products commonly known as 
forest products. 
C. "Depreciable machinery and equipment" means, except as otherwise provided by 
this paragraph, that part of the following machinery and equipment for which 
depreciation is allowable under the Code and repair parts for that machinery and 
equipment: 
(1) New or used machinery and equipment for use directly and primarily in 
commercial agricultural production, including self-propelled vehicles,-9ut 
e]wludiRg motor vehicles as defined in section 1752, subsection 7; attachments 
and equipment for the production of field and orchard crops; new or used 
machinery and equipment for use directly and primarily in production of milk, 
animal husbandry and production of livestock, including poultry; new or used 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
machinery and equipment used in the removal and storage of manure; and new or 
used machinery and equipment not used directly and primarily in commercial 
agricultural production, but used to transport potatoes from a truck into a storage 
location; 
(2) New or used watercraft, nets, traps, cables, tackle and related equipment 
necessary to and used directly and primarily in the operation of a commercial 
fishing venture. but eJ(eludinl! motor vehieles as defined in seetion 1752. 
subseetion 7; ef 
(3) New or used watercraft, machinery or equipment used directly and primarily 
for commercial aquacultural production, including, but not limited to: nets; ropes; 
cables; anchors and anchor weights; shackles and other hardware; buoys; fish 
tanks; fish totes; oxygen tanks; pumping systems; generators; water-heating 
systems; boilers and related pumping systems; diving equipment; feeders and 
related equipment; power-generating equipment; tank water-level sensors; 
aboveground piping; water-oxygenating systems; fish-grading equipment; safety 
equipment; and sea cage systems, including walkways and frames, lights, netting, 
buoys, shackles, ropes, cables, anchors and anchor weights; but exeludin2' motor 
vehieles as defined in seetion 1752. subseetion 7.; and 
(4) New or used machinery and equipment for use directly and primarily in 
commercial wood harvesting, including. but not limited to. chain saws, skidders. 
delimbers. forwarders. slashers, feller bunchers and wood chippers. 
"Depreciable machinery and equipment" does not include a motor vehicle as defined 
in section 1752, subsection 7 or a trailer as defined in section 1752. subsection 19-A. 
2. Refund authorized. Any person, association of persons, firm or corporation that 
purchases electricity, or that purchases or leases depreciable machinery or equipment, for 
use in commercial agricultural production, commercial fishing 
ef~ commercial 
aquacultural production or commercial wood harvesting or that purchases fuel for use in a 
commercial fishing vessel must be refunded the amount of sales tax paid upon presenting 
to the State Tax Assessor evidence that the purchase is eligible for refund under this 
section. 
Evidence required by the assessor may include a copy or copies of that portion of the 
purchaser's or lessee's most recent filing under the United States Internal Revenue Code 
that indicates that the purchaser or lessee is engaged in commercial agricultural 
production, commercial fishing ef .. commercial aquacultural production or commercial 
wood harvesting and that the purchased machinery or equipment is depreciable for those 
purposes or would be depreciable for those purposes if owned by the lessee. 
In the event that any piece of machinery or equipment is only partially depreciable under 
the United States Internal Revenue Code, any reimbursement of the sales tax must be 
prorated accordingly. In the event that electricity or fuel for a commercial fishing vessel 
is used in qualifying and nonqualifying activities, any reimbursement of the sales tax 
must be prorated accordingly. 
Application for refunds must be filed with the assessor within 36 months of the date of 
purchase or execution of the lease. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
3. Purchases made free of tax with certificate. Sales tax need not be paid on the 
purchase of electricity, fuel for a commercial fishing vessel or a single item of machinery 
or equipment if the purchaser has obtained a certificate from the assessor stating that the 
purchaser is engaged in commercial agricultural production, commercial fishing ef~ 
commercial aquacultural production or commercial wood harvesting and authorizing the 
purchaser to purchase electricity, fuel for a commercial fishing vessel or depreciable 
machinery and equipment without paying Maine sales tax. The seller is required to 
obtain a copy of the certificate together with an affidavit as prescribed by the assessor, to 
be maintained in the seller's records, attesting to the qualification of the purchase for 
exemption pursuant to this section. In order to qualify for this exemption, the electricity, 
fuel for a commercial fishing vessel or depreciable machinery or equipment must be used 
directly in commercial agricultural production, commercial fishing 
ef~ commercial 
aquacultural production or commercial wood harvesting. In order to qualify for this 
exemption, the electricity or fuel for a commercial fishing vessel must be used in 
qualifying activities, including support operations. 
4. Information on processes for refunds and appeals. The assessor shall post 
information describing the process for requesting a refund under this section on the 
bureau's publicly accessible website along with a description of the process to appeal a 
denial of refund request. 
Sec. N-3. Application. Those sections of this Part that amend the Maine Revised 
Statutes, Title 36, section 1760, subsection 7-B and section 2013 apply to purchases made 
on or after January 1,2014. 
PART 0 
Sec. 0-1. 22 MRSA §3174-TT, as enacted by PL 2011, c. 477, Pt. 0, §l, is 
repealed. 
Sec. 0-2. 22 MRSA §3174-UU is enacted to read: 
§3174-UU. Reimbursement for opioid drugs for the treatment of pain 
This section applies to reimbursement under the MaineCare program for opioid drugs 
for the treatment of pain. 
1. Treatment of a new onset of acute pain. The department shall establish limits 
for MaineCare reimbursement of opioid drugs that are prescribed as medically necessary 
in response to a new onset of acute pain. The limits established may not exceed 45 days 
per year without prior authorization. In order to qualify for reimbursement under this 
subsection, a prescription may not provide for more than 15 days of medication and 
requires a face-to-face visit between the prescriber and the MaineCare member. 
Notwithstanding the provisions of this subsection, the department shall limit to a period 
of 60 days following the surgical procedure MaineCare reimbursement for opioid drugs 
prescribed following a surgical procedure for which the medical standard of care includes 
the use of opioids. A MaineCare member who suffers from intractable pain and for 
whom opioid drugs are medically necessary beyond the limits set by this subsection may 
qualify for opioid drugs under subsection 2 as treatment for long-term chronic pain. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "An to S.P. 600, L.D. 1746 
2. Treatment of long-term chronic pain. Reimbursement for opioid drugs beyond 
the limit set in subsection 1 is allowed by prior authorization if the MaineCare member 
participates in one or more alternative intervention treatments established by the 
department through rulemaking. 
In order to qualify for reimbursement for opioid drugs under this subsection, the 
MaineCare member must: 
A. 
Have failed to have an adequate response to the prescribed alternative 
intervention treatment; 
B. Have completed the prescribed alternative intervention treatment in accordance 
with the guidelines and show signs of regression; or 
C. Have completed at least 50% of the prescribed alternative intervention treatment 
under this subsection, after which the prescriber recommends that adequate control of 
pain will not be obtained under the alternative intervention treatment. 
The department shall limit reimbursement for opioids for a MaineCare member who fails 
to have an adequate response to the prescribed alternative intervention treatment, subject 
to exception based on medical necessity. The department may include in ru1emaking the 
establishment of a daily dosing limit, subject to exception. 
The department may waive the requirement of an alternative intervention treatment 
through prior authorization when participation is not feasible and opioid treatment is 
medically necessary. 
The department may allow a MaineCare member who is participating in a course of 
treatment recommended by a prescriber, including alternatives, in accordance with rules 
adopted by the department to obtain a prior authorization for physical therapy in excess of 
visits to a maximum of 6 visits. 
3. Second opinion. In order for a prescription to qualify for reimbursement under 
this section, prior to prescribing an opioid drug for a MaineCare member who suffers 
from one of the medical diagnoses known typically to have a poor response to opioid 
drugs, a prescriber shall obtain an evaluation from a prescriber from outside the practice 
of the prescriber. 
4. Current use. The department may delay until January 1, 2013 the application of 
this section to the reimbursement for opioid drugs for MaineCare members who have 
been receiving such treatment consistently for 6 months or longer on the effective date of 
this section. The department may require the development of a protocol for proper, safe 
and effective tapering from opioid use when appropriate and may adopt exceptions to the 
requirements of this section based on diagnosis or condition or on the basis of daily 
doses. 
5. Collaboration. The department shall seek input from pain specialists, addiction 
medicine specialists and members of the department's physician advisory committee in 
the development of rules governing this section. 
6. Morphine eguivalent dose, The department may establish and utilize a total 
daily morphine equivalent dose calculation when developing rules to implement this 
section. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
7. Exceptions. This section does not apply to reimbursement for opioid drugs for 
the following MaineCare members as specified in rules adopted by the department: 
A. A MaineCare member who is receiving opioid drugs for symptoms related to 
HIV, AIDS, cancer and certain other qualifying diseases and conditions, as 
established by department rule; 
B. A MaineCare member who is receiving opioid drugs during inpatient treatment in 
a hospital or during hospice care; 
C. A MaineCare member who is receiving opioid drugs at certain qualifying low 
doses, as established by department rule; and 
D. A MaineCare member for whom MaineCare reimbursement for opioid drugs for 
the treatment of addiction is restricted by limits applicable to methadone and 
buprenorphine and naloxone combination drugs. 
8. Rules. The department shall adopt rules to implement this section. Rules adopted 
under this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
Sec. 0-3. 22 MRSA §7250, sub-§4, ~G, as amended by PL 2011, c. 218, §2, is 
further amended to read: 
O. The office that administers the MaineCare program pursuant to chapter 855 for 
the purposes of managing the care of its members, monitoring the purchase of 
controlled substances by its members 
arui~ avoiding duplicate dispensing of 
controlled substances and providing treatment pattern data under subsection 6; and 
Sec. 0-4. 22 MRSA §7250, sub-§6 is enacted to read: 
6. Treatment pattern data. The department may provide to a prescriber who treats 
a member under the MaineCare program prescription monitoring information on the 
prescriber and other prescribers that indicates treatment patterns in comparison among 
peers. If the department has shared with a prescriber treatment pattern data under this 
subsection, the department shall allow the prescriber time to align the prescriber's 
prescribing patterns with the patterns of the peers of the prescriber. The department may 
take appropriate actions with regard to a prescriber who is unable to achieve treatment 
pattern alignment as provided in this subsection. 
PART P 
Sec. P-l. 36 MRSA §5219-HH, sub-§l, ~J, as enacted by PL 2011, c. 548, §33 
is amended to read: 
J. 
"Qualified low-income community investment" means any capital or equity 
investment in, or loan to, any qualified active low-income community business made 
after September 28,2011. With Except as otherwise provided in this paragraph, with 
respect to anyone qualified active low-income community business, the maximum 
amount of qualified low-income community investments that may be made in the 
business, on a collective basis with all of its affiliates, with the proceeds of qualified 
equity investments that have been certified under Title 10, section 11 OO-Z, subsection 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
3, paragraph G is $10,000,000 whether made by one or several qualified community 
development entities. 
With respect to investments in a qualified low-income 
community business that is a manufacturing or value-added production enterprise that 
projects to create or retain more than 200 jobs, the limit on the qualified low-income 
community investment is $40,000,000. 
PARTQ 
Sec. Q-l. 36 MRSA c. 914-D is enacted to read: 
CHAPTER 914-D 
2012 MAINE USE TAX COMPLIANCE PROGRAM 
§6611. Program established 
The 2012 Maine Use Tax Compliance Program, referred to in this chapter as "the 
program," is established to encourage delinquent taxpayers to comply with the provisions 
of chapter 215, to enable the State Tax Assessor to identify and collect previously 
unreported use tax and to improve compliance with the State's use tax laws. The program 
applies to use tax liabilities incurred by a person prior to January 1, 2012. 
§6612. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Lookback period. "Lookback period" means the period from January 1, 2006 to 
December 31, 2011. 
2. Program period. "Program period" means the period from September 1, 2012 to 
November 30, 2012. 
§6613. Administration; conditions for participation 
The State Tax Assessor shall administer the program. Participation in the program is 
conditioned upon each participating taxpayer's agreement to forgo the right to protest or 
pursue an administrative or judicial proceeding with regard to use taxes paid under the 
program. 
A participating taxpayer that timely submits the special use tax return as 
required by subsection 2 with no material misrepresentations or material omissions and 
that timely makes the use tax payment or payments required by subsection 3 is absolved 
from further liability for use taxes incurred prior to January 1, 2012 and is also absolved 
from liability for criminal prosecution and civil penalties related to those taxes. The 
following conditions apply to the program. 
1. Limited to unknown liabilities. The program is limited to unknown liabilities 
only. For purposes of this subsection, "unknown liability" means a use tax liability that 
has not been assessed at the time the special use tax return described in section 6614 is 
received by the assessor. 
2. Return filed and tax liability reported. A participating taxpayer must properly 
complete and file with the assessor, before the end of the program period, a special use 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
tax return as described in section 6614 reporting all previously unreported and unpaid 
3. Tax paid; 3 high years. A participating taxpayer must pay in full, by the end of 
the program period, the use tax liability incurred by the taxpayer during the 3 calendar 
years of the lookback period with the highest use tax liability as reported on the special 
use tax return described in section 6614. A participating taxpayer must agree to forgo the 
right to seek a refund of, or file a petition for reconsideration with respect to, the tax paid 
with the return. 
§6614. Program return 
The State Tax Assessor shall prepare and make available special use tax returns for 
taxpayers who wish to participate in the program. The return must be signed by the 
taxpayer under penalty of perjury. 
The return and associated program guidelines 
prepared by the assessor are not rules within the meaning of that term in the Maine 
Administrative Procedure Act. The assessor shall deny any special use tax return that is 
inconsistent with the provisions of this chapter or that is filed after the conclusion of the 
program period. 
§6615. Undisclosed and future use tax liabilities; other settlements 
This chapter may not be construed to prohibit the State Tax Assessor from instituting 
civil or criminal proceedings, including but not limited to an audit, against any taxpayer 
with respect to any amount of use tax incurred during or after the lookback period that is 
not disclosed on either the special use tax return filed by the taxpayer in connection with 
the program or another return filed by the taxpayer with the assessor. This chapter may 
not be construed to limit a taxpayer's right to protest or pursue an administrative or 
judicial proceeding with regard to an assessment of such undisclosed taxes. 
Notwithstanding any other provision of law, the assessor may, prior to September 1, 
2012, compromise an unknown use tax liability on terms substantially equal to the terms 
set forth in this chapter, and in such a case the taxpayer is absolved from liability for 
criminal prosecution and civil penalties related to those taxes. 
PARTR 
Sec. R-l. 36 MRSA §S122, sub-§2,~, as amended by PL 2005, c. 218, §53, is 
further amended to read: 
M. For each individual who is a primary recipient of pension benefits under an 
employee retirement plan, an amount that is the lesser of: 
(I) Six thousand dollars reduced by the total amount of the individual's social 
security benefits and railroad retirement benefits paid by the United States, but 
not less than $0. The reduction does not apply to benefits paid under a military 
retirement plan; or 
(2) The aggregate of pension benefits under employee retirement plans included 
in the individual's federal adjusted gross income. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
For purposes of this paragraph, the following terms have the following meanings. 
"Primary recipient" means the individual upon whose earnings the employee 
retirement plan benefits are based or the surviving spouse of that individual. 
"Pension benefits" means employee retirement plan benefits reported as pension or 
annuity income for federal income tax purposes. "Employee retirement plan" means 
a state, federal or military retirement plan or any other retirement benefit plan 
established and maintained by an employer for the benefit of its employees under the 
Code, Section 401(a), Section 403 or Section 457(b), except that distributions made 
pursuant to a Section 457(b) plan are not eligible for the deduction provided by this 
paragraph if they are made prior to age 55 and are not part of a series of substantially 
equal periodic payments made for the life of the primary recipient or the joint lives of 
the primary recipient and that recipient's designated beneficiary. 
"Employee 
retirement plan" does not include an individual retirement account under Section 408 
of the Code, a Roth IRA under Section 408A of the Code, a rollover individual 
retirement account, a simplified employee pension under Section 408(k) of the Code 
or an ineligible deferred compensation plan under Section 457(f) of the Code. 
Pension benefits under an employee retirement plan do not include distributions that 
are subject to the tax imposed by the Code, Section 72(t). "Military retirement plan" 
means benefits received as a result of service in the active or reserve components of 
the Army, Navy, Air Force, Marines or Coast Guard;-~ 
This paragraph does not apply to tax years beginning on or after January 1, 2014; 
Sec. R-2. 36 MRSA §S122, sub-§2, ~-1 is enacted to read: 
M-l. For tax years beginning on or after January 1, 2014, for each individual who is 
a primary recipient of retirement plan benefits under an employee retirement plan or 
an individual retirement account, an amount that is the lesser of the aggregate of 
retirement plan benefits under employee retirement plans or individual retirement 
accounts included in the individual's federal adjusted gross income and the pension 
deduction amount reduced by the total amount of the individual's social security 
benefits and railroad retirement benefits paid by the United States, but not less than 
$0. The social security benefits and railroad retirement benefits reduction does not 
apply to benefits paid under a military retirement plan. 
For purposes of this paragraph, the following terms have the following meanings. 
(1) "Employee retirement plan" means a state, federal or military retirement plan 
or any other retirement benefit plan established and maintained by an employer 
for the benefit of its employees under the Code, Section 401(a), Section 403 or 
Section 457(b), except that distributions made pursuant to a Section 457(b} plan 
are not eligible for the deduction provided by this paragraph if they are made 
prior to age 55 and are not part of a series of substantially equal periodic 
payments made for the life of the primary recipient or the joint lives of the 
primary recipient and that recipient's designated beneficiary. 
(2) 
"Individual retirement account" means an individual retirement account 
under Section 408 of the Code, a Roth IRA under Section 408A of the Code, a 
simplified employee pension under Section 408(k) of the Code or a simple 
retirement account for employees under Section 408(p) of the Code. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
(3) "Military retirement plan" means benefits received as a result of service in 
the active or reserve components of the Army, Navy, Air Force, Marines or Coast 
Guard. 
(4) "Pension deduction amount" means $10,000 for tax years beginning on or 
after January 1, 2014. 
(5) 
"Primary recipient" means the individual upon whose earnings or 
contributions the retirement plan benefits are based or the surviving spouse of 
that individual. 
(6) "Retirement plan benefits" means employee retirement plan benefits, except 
pick-up contributions for which a subtraction is allowed under paragraph E, 
reported as pension or annuity income for federal income tax purposes and 
individual retirement account benefits reported as individual retirement account 
distributions for federal income tax purposes. "Retirement plan benefits" does 
not include distributions that are subject to the tax imposed by the Code, Section 
72(t); 
Sec. R-3. Application. That section of this Part that enacts the Maine Revised 
Statutes, Title 36, section 5122, subsection 2, paragraph M-l applies to tax years 
beginning on or after January 1, 2014. 
PART S 
Sec. S-1. 22 MRS A §3174-UU is enacted to read: 
§3174-UU. Methadone reimbursement limitations 
Effective January 1, 2013, reimbursement under the MaineCare program for 
methadone for the treatment of addiction to opiates as defined in Title 17 -A, section 
1101, subsection 7 is limited to a lifetime maximum of 24 months, except that 
reimbursement may be provided for longer than 24 months if prior authorization is 
received from the department. 
The department shall adopt rules to implement this section. Rules adopted pursuant to 
this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Prior to adopting rules under this section, the department shall seek input from 
stakeholders and experts in the field of substance abuse addiction and recovery, 
including, but not limited to, representatives of the Office of Substance Abuse and 
individuals with expertise in medication-assisted treatment. 
PARTT 
Sec. T -1. MaineCare Redesign Task Force established. The Commissioner 
of Health and Human Services shall establish the MaineCare Redesign Task Force, 
referred to in this Part as "the task force," to provide detailed information that will enable 
the Legislature to redesign the MaineCare program in a manner that will maintain 
high-quality, cost-effective services to populations in need of health coverage, comply 
with the requirements of the federal Patient Protection and Affordable Care Act of 2010 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
for state Medicaid programs and realize General Fund savings in fiscal year 2012-13 of 
$5,250,000. 
Sec. T-2. Task force membership. Notwithstanding Joint Rule 353, the task 
force consists of the Commissioner of Health and Human Services or the commissioner's 
designee, who serves as chair of the task force, and the following 8 members who are 
appointed by the commissioner: 
1. Two members of the MaineCare Advisory Committee, established pursuant to rule 
of the Department of Health and Human Services, who represent MaineCare members; 
2. Two members of the MaineCare Advisory Committee, established pursuant to rule 
of the Department of Health and Human Services, who represent providers of MaineCare 
services; 
3. One member of the public who has expertise in public health care policy; 
4. One member of the public who has expertise in public health care financing; 
5. One member ofthe public who has expertise in state fiscal policy; and 
6. One member of the public who has expertise in economic policy. 
Sec. T -3. Convening of task force. The task force shall convene no later than 
September 1, 2012. 
Sec. T -4. Duties. The task force shall undertake a comprehensive review of the 
MaineCare program established pursuant to the Maine Revised Statutes, Title 22, chapter 
855. The task force shall report on the following issues with regard to the MaineCare 
program: 
1. Current eligibility levels, options for eligibility levels and changes to eligibility 
levels, including any changes that will be required pursuant to the federal Patient 
Protection and Affordable Care Act of 20 1 0; 
2. Current benefits, options for benefits and any changes to benefits, including any 
changes that will be required pursuant to the federal Patient Protection and Affordable 
Care Act of201O; 
3. 
Current premiums, cost-sharing and participation requirements, options for 
premiums, cost-sharing and participation requirements and any changes to premiums, 
cost-sharing and participation requirements, including any changes that will be required 
pursuant to the federal Patient Protection and Affordable Care Act of 20 1 0; 
4. The current fiscal status of the MaineCare program, including an analysis of 
MaineCare spending for the most recent 4 fiscal years and for the current biennium, with 
spending analysis detail provided by provider type, by eligibility level and by funding 
source; 
5. Current management and administrative strategies and options for management 
and administrative strategies, including managed care, management of high-cost care and 
high-cost utilization, prior authorization, accountable care organizations, value-based 
purchasing and contracted and in-house administrative services; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
6. A review of initiatives being used in other states' Medicaid programs to deliver 
high-quality services in a manner that is fiscally sustainable and cost-effective; and 
7. Recommendations for redesign of the MaineCare program to achieve General 
Fund savings of $5,250,000 during fiscal year 2012-13 and annually thereafter, including 
detailed information on any required state plan amendments, applications and 
amendments to Medicaid waivers and amendments to state law and rule that would be 
required to implement the redesign and achieve the savings. The recommendations must 
include draft amendments to state law and rule to implement the redesign of Maine Care. 
Sec. T -5. Staffing; consultant services. The Department of Health and Human 
Services shall provide necessary staffing services to the task force from its personnel. 
The department may contract for staffing services to supplement the work of 
departmental personnel. 
The department shall contract for professional services to 
research and prepare all necessary Medicaid state plan amendments and waiver 
applications and amendments that will be required to implement the redesign of 
MaineCare under section 4 once the redesign is approved by the Legislature under section 
7. The contract for professional services must include, after action on the 
recommendations by the Legislature, final preparation, submission and services necessary 
to the approval process of all Medicaid state plan amendments and waiver application and 
amendments. 
Sec. T -6. Report. The task force shall report to the joint standing committee of the 
Legislature having jurisdiction over appropriations and financial affairs and the joint 
standing committee of the Legislature having jurisdiction over health and human services 
matters as follows. 
1. By November 15, 2012, the task force shall report on issues detailed in section 4. 
2. By January 1, 2013 and by the first of each month thereafter until final federal 
action has been completed, the task force shall file information regarding progress in the 
preparation of the Medicaid state plan amendments and waiver applications and 
amendments. 
Sec. T -7. Implementation; achievement of savings. If, after receipt of the 
recommendations presented by the task force pursuant to section 6, subsection 1, the 
Legislature fails to enact legislation in the First Regular Session of the 126th Legislature 
that achieves $5,250,000 in General Fund savings in fiscal year 2012-13, the 
Commissioner of Health and Human Services shall make recommendations to the 
Governor regarding the achievement of the balance of these savings through the use of 
the temporary curtailment of allotment power specified in the Maine Revised Statutes, 
Title 5, section 1668, and the Governor is authorized to achieve those savings using that 
power. 
PART V 
Sec. V-I. 
Department of Health and Human Services; MaineCare 
development of a global waiver. The Department of Health and Human Services 
shall develop a global Medicaid waiver in accordance with Section 1115 of the United 
States Social Security Act, 42 United States Code, Section 1315, to supersede all existing 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "An to S.P. 600, L.D. 1746 
MaineCare waivers, the intent of which is to allow the State greater flexibility to manage 
programs more efficiently, to cap total MaineCare spending, to implement effective 
member cost sharing and to use innovative payment reform opportunities to support 
high-quality, efficient health care delivery. 
Sec. U-2. Legislative review of the Medicaid global waiver. By October 1, 
2012, the Commissioner of Health and Human Services shall submit the proposed 
Medicaid global waiver prepared pursuant to section 1 of this Part for review to the Joint 
Standing Committee on Appropriations and Financial Affairs and the Joint Standing 
Committee on Health and Human Services. 
Sec. U-3. Submission of a resolve to the 126th Legislature. By January 15, 
2013, the Commissioner of Health and Human Services shall submit a resolve containing 
the proposed Medicaid global waiver prepared under this Part for approval by the 126th 
Legislature. 
PART V 
Sec. V-to 7-A MRS A is enacted to read: 
TITLE 7-A 
AGRICULTURE, CONSERVATION AND FORESTRY 
SUBTITLE 1 
DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY 
CHAPTER 1 
DEPARTMENTAL ORGANIZATION AND OPERATION 
SUBCHAPTER 1 
GENERAL PROVISIONS 
§lO1. Definitions 
As used in this Title, unless the context otherwise indicates, the following terms have 
the following meanings. 
1. 
Commissioner. 
"Commissioner" means the Commissioner of Agriculture, 
Conservation and Forestry. 
2. Department. "Department" means the Department of Agriculture, Conservation 
and Forestry. 
3. Seal. The department has an official seal, which must be judicially noticed. 
SUBCHAPTER 2 
ORGANIZATION 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "Au to S.P. 600, L.D. 1746 
§201. Department 
1. Establishment. The Department of Agriculture, Conservation and Forestry is 
established as a cabinet-level department. 
2. Divisions. The department consists of the divisions necessary to carry out the 
work of the department. 
§202. Mission; guiding principles 
1. Mission. The mission of the department is to serve as the steward of Maine's 
agricultural, forestry, water and land resources for the State. 
2. 
Guiding principles. 
The following principles are adopted to guide the 
department in the performance of its duties: 
A. Forestry, farming, conservation, public lands and other natural resource-based 
economic activity are important to the State's economy and Quality of life; and 
B. Strengthening farming, forestry, conservation, recreation, state parks, public lands 
and public access to the State's natural resources is vital to enhancing the State's 
natural resources economy. 
§203. Commissioner 
The department is under the control and supervIsIon of the Commissioner of 
Agriculture, Conservation and Forestry, who reports directly to the Governor. 
1. Appointment. The Governor shall appoint the commissioner, subject to review 
by the joint standing committee of the Legislature having jurisdiction over agriculture, 
conservation and forestry matters and confirmation by the Senate. The commissioner 
serves at the pleasure of the Governor. 
2. Deputies; staff. The commissioner shall appoint 2 deputy commissioners, one of 
whom assists the commissioner with operations and administration of the department and 
one of whom assists the commissioner with agriculture, forestry and natural resources-
based economic development. 
3. Vacancy; commissioner. A vacancy in the office of the commissioner must be 
filled as follows. 
A. A vacancy in the commissioner's position must be filled in accordance with Title 
5, section 1. 
B. The commissioner shall appoint one of the department's deputy commissioners to 
perform the duties of the commissioner, in addition to the duties of that deputy 
commissioner, during the commissioner's temporary absence or disability. 
§204. Powers and duties of commissioner 
The commissioner has all of the powers and duties necessary to carry out the mission 
and responsibilities of the department. The commissioner has the power to distribute the 
functions and duties given to the commissioner under this Title, Title 7 and Title 12 
among the various divisions of the department so as to integrate the work properly and to 
promote the most economical and efficient administration of the department. Powers and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
duties given to the commissioner or the department in this Title, Title 7 or Title 12 must 
be assumed and carried out by the divisions that the commissioner designates and may in 
turn be delegated to subordinates by division directors with the approval of the 
commissioner. 
1. 
Administration. 
The commissioner shall administer the department in 
accordance with the requirements of this Title and shall fulfill the duties prescribed to the 
commissioner by state and federal law. 
2. Rulemaking. The commissioner shall adopt rules to implement this Title. Rules 
adopted pursuant to this subsection are routine technical rules, as defined in Title 5, 
chapter 375, subchapter 2-A, unless otherwise specified. 
3. Employees. The commissioner may employ personnel as necessary to carry out 
the work of the department. Except as otherwise provided by law, all personnel of the 
department are under the immediate supervision, direction and control of the 
commissioner. Department personnel are subject to the Civil Service Law, except for 
positions subject to appointment by the commissioner under subsection 4 and as 
otherwise specified. 
4. 
Appointments. 
The deputy commissioners and division directors of the 
department are appointed by the commissioner and serve at the pleasure of the 
commissioner, except as otherwise provided by law. Deputy commissioners and division 
directors appointed pursuant to this Title must have educational qualifications and 
professional experience directly related to the functions of and services provided by the 
relevant unit or division. 
§205. Department organization; divisions 
The department is composed of the following divisions, each of which is under the 
direction and supervision of a director: 
1. Division of Agricultural Resource Development. The Division of Agricultural 
Resource Development, whose director must be qualified by training, experience and 
skill in agricultural management; 
2. Division of Forestry. The Division of Forestry, also known as the Maine Forest 
Service, whose director must be qualified by training, experience and skill in forestry; 
3. Division of Parks and Public Lands. The Division of Parks and Public Lands, 
whose director must be qualified by training, experience and skill in parks, public lands, 
outdoor recreation or natural resource management. The commissioner shall appoint a 
deputy director to assist the director. The deputy director serves at the pleasure of the 
commissioner; 
4. 
Division of Quality Assurance and Regulation. 
The Division of Quality 
Assurance and Regulation, whose director must be qualified by training, experience and 
skill in food quality and regulatory inspections; 
5. Division of Animal and Plant Health. The Division of Animal and Plant Health, 
whose director must be qualified by training, experience and skill in scientific crop and 
animal production; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
6. Division of Geology and Natural Areas. The Division of Geology and Natural 
Areas, whose director must be qualified by training, experience and skill in geology, 
natural areas or applied natural sciences; and 
7. Division of Land Use Planning, Permitting and Compliance. The Division of 
Land Use Planning, Permitting and Compliance, whose director must be qualified by 
experience in planning and administration. The director provides the principal 
administrative, operational and executive support to the Maine Land Use Regulation 
Commission. The director is subject to appointment and removal by the commissioner, 
with the consent of a majority of members of the Maine Land Use Regulation 
Commission. 
Sec. V-2. 
Legislative intent; contingent repeal. It is the intent of the 
Legislature that a bill submitted pursuant to Part W, section 4 that consolidates the Maine 
Revised Statutes, Title 7 and portions of Title 12 into Title 7-A be enacted into law by the 
126th Legislature. If a bill submitted pursuant to Part W, section 4 has not been enacted 
into law by December 3,2014, Title 7-A is repealed on that date. 
Sec. V-3. Contingent revision clause. This section takes effect if the Maine 
Revised Statutes, Title 7 -A is repealed pursuant to section 2. 
1. Wherever in the Maine Revised Statutes, Title 7, the words "Department of 
Agriculture, Conservation and Forestry" appear or reference is made to that department, 
they are amended to read or mean, as appropriate, "Department of Agriculture, Food and 
Rural Resources." The Revisor of Statutes shall implement this revision when updating, 
publishing or republishing the statutes. 
2. 
Wherever in the Maine Revised Statutes, Title 12, the words "Department of 
Agriculture, Conservation and Forestry" appear or reference is made to that department, 
they are amended to read or mean, as appropriate, "Department of Conservation." The 
Revisor of Statutes shall implement this revision when updating, publishing or 
republishing the statutes. 
3. Wherever in the Maine Revised Statutes, Title 7, the words "Commissioner of 
Agriculture, Conservation and Forestry" appear or reference is made to that position, they 
are amended to read or mean, as appropriate, "Commissioner of Agriculture, Food and 
Rural Resources." The Revisor of Statutes shall implement this revision when updating, 
publishing or republishing the statutes. 
4. Wherever in the Maine Revised Statutes, Title 12, the words "Commissioner of 
Agriculture, Conservation and Forestry" appear or reference is made to that position, they 
are amended to read or mean, as appropriate, "Commissioner of Conservation." The 
Revisor of Statutes shall implement this revision when updating, publishing or 
republishing the statutes. 
PARTW 
Sec. W-l. Transition. Notwithstanding the Maine Revised Statutes, Title 7 and 
Title 12, the following provisions apply to the reassignment of the duties and 
responsibilities of the Department of Agriculture, Food and Rural Resources and the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
Department of Conservation to the Department of Agriculture, Conservation and 
Forestry. 
1. The Department of Agriculture, Food and Rural Resources and the Department of 
Conservation as heretofore created and established by law are incorporated into the 
Department of Agriculture, Conservation and Forestry. All references to, responsibilities 
of and authority conferred upon the Department of Agriculture, Food and Rural 
Resources and the Department of Conservation, and those departments' predecessors, 
throughout the Maine Revised Statutes are deemed to refer to and vest in the Department 
of Agriculture, Conservation and Forestry created by this Act, as the successor 
department. The Department of Agriculture, Conservation and Forestry is the successor 
in every way to the powers, duties and functions as assigned in the Maine Revised 
Statutes, Title 7 to the Department of Agriculture, Food and Rural Resources and Title 12 
to the Department of Conservation, as they pertain to services provided in agriculture, 
conservation and forestry under this Act. 
2. Notwithstanding the provisions of the Maine Revised Statutes, Title 5, all accrued 
expenditures, assets, liabilities, balances of appropriations, allocations, transfers, revenues 
and other available funds in an account or subdivision of an account of the Department of 
Agriculture, Food and Rural Resources and the Department of Conservation that pertain 
to the duties of the Department of Agriculture, Conservation and Forestry as set forth in 
this Act must be transferred to the proper accounts of the Department of Agriculture, 
Conservation and Forestry by the State Controller or by financial order upon the request 
of the State Budget Officer and with the approval of the Governor. 
3. All rules of the Department of Agriculture, Food and Rural Resources and the 
Department of Conservation, as they pertain to the duties of the Department of 
Agriculture, Conservation and Forestry as set forth in this Act, that are in effect on the 
effective date of this Act remain in effect until rescinded, revised or amended. 
4. All contracts, agreements and compacts of the Department of Agriculture, Food 
and Rural Resources and the Department of Conservation, as they pertain to the duties set 
forth in this Act, that are in effect on the effective date of this Act remain in effect until 
they expire or are altered by the parties involved in the contracts, agreements or 
compacts. The Department of Agriculture, Conservation and Forestry is the successor 
agency for all federal grants and programs administered by the United States Department 
of Agriculture and any other federal programs, grants and contracts. 
5. All records of the Department of Agriculture, Food and Rural Resources and the 
Department of Conservation, as they pertain to the duties set forth in this Act, must be 
transferred to the Department of Agriculture, Conservation and Forestry as necessary to 
implement this Act. 
6. All property and equipment of any bureau, division or program of the Department 
of Agriculture, Food and Rural Resources and the Department of Conservation pertaining 
to the duties set forth in this Act are transferred to the Department of Agriculture, 
Conservation and Forestry as necessary to implement this Act. 
7. Notwithstanding the Maine Revised Statutes, Title 7-A, section 203 or any other 
provision oflaw, upon the effective date of this Act, the individual holding the position of 
Commissioner of Agriculture, Food and Rural Resources becomes the Commissioner of 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
Agriculture, Conservation and Forestry without the need of appointment or confirmation. 
The Conm1issioner of Agriculture, Conservation and Forestry shall assume and is vested 
with all of the duties and powers of that office, as well as the duties and powers of the 
office of the Commissioner of Agriculture, Food and Rural Resources and the office of 
the Commissioner of Conservation. This provision is intended to change the procedure 
for appointment and confirmation of the first Commissioner of Agriculture, Conservation 
and Forestry. 
8. Employees of the Department of Agriculture, Conservation and Forestry who were 
employees of the Department of Agriculture, Food and Rural Resources and the 
Department of Conservation immediately prior to the effective date of this Act retain all 
their employee rights, privileges and benefits, including sick leave, vacation and 
seniority, provided under the Civil Service Law or collective bargaining agreements. The 
Department of Administrative and Financial Services, Bureau of Human Resources shall 
provide assistance to the affected departments and shall assist with the orderly 
implementation of this subsection. 
Sec. W-2. Conflicts and inconsistencies. If the Commissioner of Agriculture, 
Conservation and Forestry finds a conflict or inconsistency between provisions in the 
Maine Revised Statutes, Title 7 and Title 12 or rules adopted under those titles, the 
commissioner shall attempt to resolve that conflict or inconsistency by interpreting the 
laws or rules together to give effect to the intent of the Legislature or agency, as the case 
may be. If the commissioner determines rulemaking is required to resolve a conflict or 
inconsistency, the commissioner may adopt rules as authorized under Title 7 -A, section 
204, subsection 2. In adopting rules under this section, the commissioner has sole 
discretion to detennine whether an emergency exists. The commissioner shall notify the 
members of the joint standing committee of the Legislature having jurisdiction over 
agriculture, conservation and forestry matters prior to adopting any emergency rule under 
this section. 
Sec. W-3. Interim meetings; authorized. The joint standing committee of the 
Legislature having jurisdiction over agriculture, conservation and forestry matters is 
authorized to meet up to 6 times during the 2012 legislative interim to hear and discuss 
reports regarding planning, program operation and implementation issues related to the 
establishment of the Department of Agriculture, Conservation and Forestry. At these 
meetings, the Commissioner of Agriculture, Conservation and Forestry shall brief the 
committee on program operation issues, progress, challenges and the timeline for 
implementation. The committee shall provide opportunities for stakeholders to 
communicate with the committee. 
Sec. W-4. Legislation; review. Following the development of a department 
budget pursuant to section 9, the Department of Agriculture, Conservation and Forestry 
shall review those provisions of the Maine Revised Statutes governing the Department of 
Agriculture, Conservation and Forestry, including but not limited to the Maine Revised 
Statutes, Titles 7, 7-A and 12. Based upon the review, the department, working with the 
joint standing committee of the Legislature having jurisdiction over agriculture, 
conservation and forestry matters, shall develop and submit a bill for introduction to the 
126th Legislature to consolidate existing law into Title 7-A, to update Title 7-A and to 
correct any errors and inconsistencies in law that result from this Part. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
Sec. W-S. Maine Revised Statutes amended; revision clause. Wherever in 
the Maine Revised Statutes the words "Department of Agriculture, Food and Rural 
Resources" or "Department of Conservation" appear or reference is made to either or both 
of those departments with reference to the duties transferred to the Department of 
Agriculture, Conservation and Forestry as set forth in this Act, they are amended to read 
or mean, as appropriate, "Department of Agriculture, Conservation and Forestry." The 
Revisor of Statutes shall implement this revision when updating, publishing or 
republishing the statutes. 
Sec. W-6. Maine Revised Statutes amended; revision clause. Wherever in 
the Maine Revised Statutes the words "Commissioner of Agriculture, Food and Rural 
Resources" or "Commissioner of Conservation" appear or reference is made to either or 
both of these positions with reference to the duties transferred to the Commissioner of 
Agriculture, Conservation and Forestry as set forth in this Act, they are amended to read 
or mean, as appropriate, "Commissioner of Agriculture, Conservation and Forestry." The 
Revisor of Statutes shall implement this revision when updating, publishing or 
republishing the statutes. 
Sec. W-7. Maine Revised Statutes amended; revision clause. Wherever in 
the Maine Revised Statutes the words "Bureau of Forestry," "Bureau of Parks and Lands" 
or "Bureau of Geology and Natural Areas" appear or reference is made to any of these 
bureaus with reference to the duties transferred to the Department of Agriculture, 
Conservation and Forestry as set forth in this Act, they are amended to read or mean, as 
appropriate, "Division of Forestry," "Division of Parks and Public Lands," "Division of 
Geology and Natural Areas" or "the division." The Revisor of Statutes shall implement 
this revision when updating, publishing or republishing the statutes. 
Sec. W-S. Maine Revised Statutes amended; revision clause. Wherever in 
the Maine Revised Statutes the words "Division of Forest Protection" appear or reference 
is made to the Division of Forest Protection, they are amended to read or mean "the forest 
protection unit within the Department of Agriculture, Conservation and Forestry." The 
Revisor of Statutes shall implement this revision when updating, publishing or 
republishing the statutes. 
Sec. W-9. Budget. The Department of Administrative and Financial Services, 
Bureau of the Budget shall work with the employees of the Department of Agriculture, 
Food and Rural Resources and the Department of Conservation with regard to the duties 
transferred to the Department of Agriculture, Conservation and Forestry as set forth in 
this Act to develop the budget for the Department of Agriculture, Conservation and 
Forestry in conjunction with the Natural Resources Service Center of the Department of 
Administrative and Financial Services. 
Sec. W-IO. Federal approval. If the Commissioner of Agriculture, Conservation 
and Forestry determines that federal approval will not be obtained for any part of this Part 
that requires federal approval, the commissioner shall notify the joint standing committee 
of the Legislature having jurisdiction over agriculture, conservation and forestry matters, 
the joint standing committee of the Legislature having jurisdiction over appropriations 
and financial affairs and the Executive Director of the Legislative Council. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "An to S.P. 600, L.D. 1746 
Sec. W-ll. Functions and duties; rules, guidelines, policies and manuals. 
Notwithstanding any provision of law to the contrary, the divisions established within the 
Department of Agriculture, Conservation and Forestry pursuant to the Maine Revised 
Statutes, Title 7-A, section 205 shall assume the functions and the duties of the bureaus, 
divisions and offices within the former Department of Agriculture, Food and Rural 
Resources and the former Department of Conservation in accordance with all rules, 
guidelines, policies, manuals and similar documents adopted by or distributed by either 
the former Department of Agriculture, Food and Rural Resources or the former 
Department of Conservation that are in effect on the effective date of this Act. These 
rules, guidelines, policies, manuals and similar documents remain in effect until 
rescinded, revised or amended, without regard to references therein to departmental 
offices, bureaus, divisions, units or employee titles or classifications that may no longer 
exist or that may be changed in the future. 
PART X 
Sec. X-I. 5 MRSA §7-B, as amended by PL 2003, c. 688, Pt. A, §1, is further 
amended to read: 
§7-B. Use of state vehicles for commuting 
A state-owned or state-leased vehicle may not be used by any employee to commute 
between home and work, except for those vehicles authorized and assigned to employees 
of the Baxter State Park Authority and to law enforcement officials within the following 
organizational units: Bureau of State Police; Maine Drug Enforcement Agency; Office of 
the State Fire Marshal; the division within the Department of Public Safety designated by 
the Commissioner of Public Safety to enforce the law relating to the manufacture, 
importation, storage, transportation and sale of all liquor and to administer those laws 
relating to licensing and collection of taxes on malt liquor and wine; Bureau of Motor 
Vehicles; Bureau of Marine Patrol; Bureau of Forestry, Division of Forest Proteetion the 
forest protection unit within the Division of Forestry; Bureau of Warden Service; and 
Bureau of Parks and Lands Division of Parks and Public Lands. 
Sec. X-2. 5 MRSA §1582, sub-§4, as amended by PL 2011, c. 1, Pt. S, §l, is 
further amended to read: 
4. Use of savings; personal services funds. Savings accrued from unused funding 
of employee benefits may not be used to increase services provided by employees. 
Accrued salary savings generated within an appropriation or allocation for Personal 
Services may be used for the payment of nonrecurring Personal Services costs only 
within the account where the savings exist. Accrued savings generated from vacant 
positions within a General Fund account's appropriation for Personal Services may be 
used to offset Personal Services shortfalls in other General Fund accounts that occur as a 
direct result of Personal Services appropriation reductions for projected vacancies, and 
accrued savings generated within a Highway Fund account's allocations for Personal 
Services may be used to offset Personal Services shortfalls in other Highway Fund 
accounts that occur as a direct result of Personal Services allocation reductions for 
projected vacancies; except that the transfer of such accrued savings is subject to review 
by the joint standing committee of the Legislature having jurisdiction over appropriations 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
and financial affairs. 
Costs related to acting capacity appointments and emergency, 
unbudgeted overtime for which it is impractical to budget in advance may be used with 
the approval of the appointing authority. Other actions such as retroactive compensation 
for reclassifications or reallocations and retroactive or one-time settlements related to 
arbitrator or court decisions must be recommended by the department or agency head and 
approved by the State Budget Officer. Salary and employee benefits savings may not be 
used to fund recurring Personal Services actions either in the account where the savings 
exist or in another account. At the close of each fiscal year, except for the Division of 
Forest Protection forest protection unit account within the Department of Agriculture, 
Conservation and Forestry, the Disproportionate Share - Riverview Psychiatric Center 
and the Disproportionate Share - Dorothea Dix Psychiatric Center accounts within the 
Department of Health and Human Services and the Education in the Unorganized 
Territory account within the Department of Education, any unexpended General Fund 
Personal Services appropriations to executive branch agencies including accounts that are 
authorized to carry unexpended balances forward must lapse to the Salary Plan program, 
General Fund account in the Department of Administrative and Financial Services. 
Sec. X-3. 5 MRS A §6204, sub-§l, as amended by PL 2011, c. 655, Pt. II, §l, is 
further amended to read: 
1. Composition. The board consists of ++ 2. members, ::;.. Q who are private citizens 
and -4- J who are permanent members. The permanent members are the Commissioner 
of Conservation; the Commissioner of Inland Fisheries and Wildlife; the Commissioner 
of Marine Resources; and the Commissioner of Agriculture, Food and Rural Resources 
Conservation and Forestry. 
Sec. X-4. 5 MRSA §6204, sub-§6, as amended by PL 2011, c. 655, Pt. II, §2, is 
further amended to read: 
6. Assistance. The Department of Conservation; the Department of Inland Fisheries 
and Wildlife; the Department of Transportation; the Department of Agriculture, Food and 
Rural Resources Conservation and Forestry; and all other state agencies shall provide 
staff support and assistance considered necessary by the board to fulfill the objectives of 
this chapter. If agency assistance is not available,. consultants may be hired from the 
proceeds of either the Land for Maine's Future Fund or the Public Access to Maine 
Waters Fund to assist the board in carrying out its responsibilities. 
Sec. X-So 12 MRSA §8003, sub-§3,~, as amended by PL 1999, c. 155, Pt. A, 
§2, is further amended to read: 
M. Except for lands acquired under the authority of paragraph N, the director is 
authorized, with the consent of the commissioner, to sell, grant, lease, transfer or 
otherwise convey any real or personal property under the jurisdiction of the bureau 
division. The director shall deposit the proceeds from the sale or lease of property 
into the Division of Forest Protection Account forest protection unit account. At least 
days prior to offering any surplus property for sale under this paragraph, the 
director shall notify the Executive Director of the Legislative Council and the joint 
standing committee of the Legislature having jurisdiction over forest resources of the 
director's intent to sell the property. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
Sec. X-6. 12 MRSA §8003, sub-§3, ~-1, as amended by PL 1999, c. 155, Pt. 
A, §3, is further amended to read: 
M-l. 
The proceeds under paragraph M may be used only to upgrade existing 
structures owned by the Division of Forest Protection forest protection unit within the 
division, to consolidate operations of the division unit through the improvement, 
repair, replacement, purchase or construction of structures and to purchase land upon 
which to build structures. Ownership of any land purchased under this paragraph or 
structures purchased or constructed under this paragraph must be held in the name of 
the division unit. Ownership of land or property purchased under this paragraph may 
also be held in the name of the Bureau of General Services when the division unit 
participates in the consolidation of facilities with other state agencies. Any purchase 
of land or a structure pursuant to this paragraph must be approved by the Director of 
the Bureau of General Services. 
Sec. X-7. 12 MRSA §8901, sub-§l, as amended by PL 1999, c. 155, Pt. A, §4, is 
further amended to read: 
1. Appointment. The Director of the Bureau Division of Forestry shall appoint 
forest rangers, subject to the Civil Service Law and the State Supervisor, Diyision of 
Forest Protection of the forest protection unit of the Division of Forestry. 
Rangers 
assigned to posts at Clayton Lake, St. Pamphile, Estcourt Station, Daaquam, Musquacook 
Lake, Snare Brook and Baker Lake must be bilingual in French and English. 
Sec. X-8. 38 MRS A §1871, sub-§I, as enacted by PL 2001, c. 434, Pt. B, §2 and 
amended by PL 2003, c. 689, Pt. B, §7, is further amended to read: 
1. Membership. The task force consists of H lQ members as follows: 
A. The following ~ 1 ex officio voting members: 
(1) The commissioner or the commissioner's designee, who serves as the chair of 
the task force; 
(2) The Commissioner of Inland Fisheries and Wildlife or the commissioner's 
designee; 
(3) The Commissioner of Health and Human Services or the commissioner's 
designee; and 
(4) The Commissioner of Agriculture, Food and Rural Resources Conservation 
and Forestry or the commissioner's designee; and 
(5) The Commissioner of Conservation or the commissioner's designee; and 
B. Twelve members representing the public appointed by the Governor: 
(1) One representative of the State's lake associations; 
(2) One representative of a statewide recreational watercraft owners association; 
(3) One representative ofa statewide organization of marina owners; 
(4) One representative of a lakes education program; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
(5) One representative of public drinking water utilities; 
(6) One representative of commercial tree and garden nurseries; 
(7) One representative of home gardeners; 
(8) One representative of municipal government; 
(9) One representative of a statewide sporting association; 
(10) One representative of a statewide outdoor recreational group; 
(11) One person with demonstrated expertise in lake ecology; and 
(12) One public member who has demonstrated experience or interest in the area 
of threats to fish and wildlife posed by invasive aquatic plants and nuisance 
species. 
PART Y 
Sec. Y-I. 2 MRSA §6, sub-§l, as repealed and replaced by PL 2005, c. 397, Pt. 
A, § 1, is amended to read: 
1. Range 91. The salaries of the following state officials and employees are within 
salary range 91 : 
Commissioner of Transportation; 
Commissioner of Conservation; 
Commissioner of Agriculture, Conservation and Forestry; 
Commissioner of Administrative and Financial Services; 
Commissioner of Education; 
Commissioner of Environmental Protection; 
Executive Director of Dirigo Health; 
Commissioner of Public Safety; 
Commissioner of Professional and Financial Regulation; 
Commissioner of Labor; 
Commissioner of Agriculture, Food and R~al Resources; 
Commissioner of Inland Fisheries and Wildlife; 
Commissioner of Marine Resources; 
Commissioner of Corrections; 
Commissioner of Economic and Community Development; 
Commissioner of Defense, Veterans and Emergency Management; and 
Executive Director, Workers' Compensation Board. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
Sec. Y-2. 2 MRSA §6, sub-§3, as amended by PL 2011, c. 655, Pt. I, §2 and Pt. 
CC, § 1 and affected by Pt. I, § 11 and Pt. CC, §4, is further amended to read: 
3. Range 89. The salaries of the following state officials and employees are within 
salary range 89: 
Director, Bureau of General Services; 
Director, Bureau of Alcoholic Beverages and Lottery Operations; 
State Budget Officer; 
State Controller; 
Director oftae Bureau, Division of Forestry; 
Director, Governor's Office of Policy and Management; 
Director, Energy Resources Office; 
Director of Human Resources; 
Director, Bureau Division of Parks and Public Lands; and 
Director of the Governor's Office of Communications. 
Sec. Y-3. 2 MRSA §6, sub-§5, as amended by PL 2011, c. 655, Pt. KK, §2 and 
affected by §34, is further amended to read: 
5. Range 86. The salaries of the following state officials and employees are within 
salary range 86: 
Director of Labor Standards; 
State Archivist; 
Director, Bureau of Geology, Natural Areas and Coastal Resources; 
Executive Director, Maine Land Use Regulation Commission; 
Director, Division of Geology, Natural Areas and Coastal Resources; 
Director, Division of Land Use Planning, Permitting and Compliance; 
Chair, Maine Unemployment Insurance Commission; 
Child Welfare Services Ombudsman; and 
Director of the Maine Drug Enforcement Agency. 
PART Z 
Sec. Z-l. 22 MRSA §3174-G, sub-§l, ~, as amended by PL 2011, c. 477, Pt. 
Z, § 1, is further amended to read: 
E. 
On or before September 30, 2012, the parent or caretaker relative of a child 
described in paragraph B or D when the child's family income is equal to or below 
200% of the nonfarm income official poverty line, subject to adjustment by the 
commissioner under this paragraph and, beginning October 1, 2012, the parent or 
caretaker relative of a child described in paragraph B or D when the child's family 
income is equal to or below HJ.% 100% of the nonfarm income official poverty line, 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
subject to adjustment by the commissioner under this paragraph. Medicaid services 
provided under this paragraph must be provided within the limits of the program 
budget. Funds appropriated for services under this paragraph must include an annual 
inflationary adjustment equivalent to the rate of inflation in the Medicaid program. 
On a quarterly basis, the commissioner shall determine the fiscal status of program 
expenditures under this paragraph. If the commissioner determines that expenditures 
will exceed the funds available to provide Medicaid coverage pursuant to this 
paragraph, the commissioner must adjust the income eligibility limit for new 
applicants to the extent necessary to operate the program within the program budget. 
If, after an adjustment has occurred pursuant to this paragraph, expenditures fall 
below the program budget, the commissioner must raise the income eligibility limit to 
the extent necessary to provide services to as many eligible persons as possible within 
the fiscal constraints of the program budget, as long as on or before September 30, 
2012 the income limit does not exceed 200% of the nonfarm income official poverty 
line and, beginning October 1,2012, the income limit does not eJtCeed 133% of the 
nonfann income official Doverty line; 
Sec. Z-2. Contingent effective date. This Part takes effect only if: 
l. The Commissioner of Health and Human Services receives written approval of the 
application for a waiver of the maintenance of effort requirements of the federal Patient 
Protection and Affordable Care Act for the changes in section 1 from the federal Centers 
for Medicare and Medicaid Services or the commissioner receives written notification 
from the Centers for Medicare and Medicaid Services that such a waiver is not necessary; 
and 
2. The Commissioner of Health and Human Services notifies the Secretary of State, 
the Secretary of the Senate, the Clerk of the House of Representatives and the Revisor of 
Statutes that written approval of the application for a waiver or written notification that 
such a waiver is not necessary has been received. 
PART AA 
Sec. AA-l. 3 MRSA §959, sub-§l, ,F, as amended by PL 2007, c. 356, §1 and 
affected by c. 695, Pt. D, §3, is further amended to read: 
F. The joint standing committee of the Legislature having jurisdiction over health 
and human services matters shall use the following list as a guideline for scheduling 
reviews: 
(2) Office of Substance Abuse in 2005: 
(6) Department of Health and Human Services in 2009; 
(7) Board of the Maine Children's Trust Incorporated in 2011; and 
(9) Maine Developmental Disabilities Council in 2011. 
Sec. AA-2. 4 MRSA §422, sub-§2, ,A, as enacted by PL 1999, c. 780, §1 and 
amended by PL 2001, c. 354, §3 and PL 2003, c. 689, Pt. B, §6, is further amended to 
read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
A. The Department of Health and Human Services, Office of Substooce Ab1:lse or 
other federal-licensed treatment providers or state-licensed treatment providers to 
provide substance abuse services for alcohol and drug treatment program participants. 
To the extent possible, the alcohol and drug treatment programs must access existing 
substance abuse treatment resources for alcohol and drug treatment program 
participants; 
Sec. AA-3. 5 MRSA §939-A, as enacted by PL 1993, c. 410, Pt. LL, §1, is 
repealed. 
Sec. AA-4. 5 MRSA §19202, sub-§2-B, ~A, as enacted by PL 2009, c. 203, §4 
and affected by §8, is amended to read: 
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 HN, 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 organizational unit of the Department of Health and 
Human Services, Office of Substooce Abuse that provides programs and services 
for substance abuse prevention and treatment, 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. 
Sec. AA-S. 5 MRSA §20002, sub-§§2 and 3, as amended by PL 2007, c. 116, 
§ 1, are further amended to read: 
2. Coordination of activities and services. To establish a single administrative unit 
within the Department of Health and Human Services,..-witl:l the responsibility for 
planning, developing, implementing, coordinating and evaluating all of the State's alcohol 
and other drug abuse prevention and treatment activities and services; 
3. Tobacco use by juveniles. To enforce the State's laws relating to the sale and use 
of tobacco products by juveniles and to coordinate state and local activities related to 
those provisions. 
The effi€e department shall take all necessary actions to ensure 
compliance with the Synar Act, 42 United States Code, Section 300X-26, including the 
preparations of reports for the signature of the Governor. All law enforcement agencies, 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
all state departments, including the Department of Public Safety, and municipalities shall 
cooperate with the effi.ee department in these efforts. 
The effi.ee department may enter into any contracts or agreements necessary or incidental 
to the performance of its duties under this section, subject to section 20005, subsection 6 
and section 20005-A. The effi.ee department shall provide or assist in the provision of 
voluntary training programs regarding the sales of tobacco products to juveniles; and 
Sec. AA-6. 5 MRS A §20002, sub-§4, as enacted by PL 2007, c. 116, §1, is 
amended to read: 
4. Gambling addiction counseling. To establish standards for the provision of 
gambling addiction counseling services and other activities relating to the prevention and 
treatment of gambling addiction. The effi.ee department may accept private, state and 
federal funds to support the perfonnance of its duties under this subsection. 
Sec. AA-7. 5 MRSA §20003, sub-§2, as enacted by PL 1989, c. 934, Pt. A, §3, is 
amended to read: 
2. Approved public treatment facility. "Approved public treatment facility" means 
an alcohol treatment facility operating under the direction and control of the effi.ee 
department or providing treatment under this subchapter through a contract with the 
effi.ee department under section 20008, or any facility funded in whole or in part by 
municipal, state or federal funds. 
Sec. AA-S. 5 MRSA §20003, sub-§3, as amended by PL 1991, c. 850, §2, is 
further amended to read: 
3. Approved treatment facility. "Approved treatment facility" means a public or 
private alcohol treatment facility meeting standards approved by the effi.ee department in 
accordance with section 20005 and licensed pursuant to subchapter ¥ 
~ and other 
applicable provisions of state law. 
Sec. AA-9. 5 MRS A §20003, sub-§3-B, as enacted by PL 1995, c. 560, Pt. L, §2 
and affected by §16 and amended by PL 2001, c. 354, §3, is further amended to read: 
3-B. Commissioner. "Commissioner" means the Commissioner of Reha'lioral Al'Hi 
Develoament Services Health and Human Services. 
Sec. AA-IO. 5 MRS A §20003, sub-§6, as amended by PL 1991, c. 601, §4, is 
further amended to read: 
6. Department. "Department" means the Executive Department of Health and 
Human Services. 
Sec. AA-U. 5 MRSA §20003, sub-§S, as enacted by PL 1989, c. 934, Pt. A, §3, 
is repealed. 
Sec. AA-12. 5 MRSA §20003, sub-§17, as enacted by PL 1989, c. 934, Pt. A, 
§3, is repealed. 
Sec. AA-13. 5 MRSA §20003, sub-§20, as enacted by PL 1989, c. 934, Pt. A, 
§3, is amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "An to S.P. 600, L.D. 1746 
20. Standards. "Standards" means criteria and rules of the office or the department 
that are to be met before and during operation of any treatment facility or treatment 
program. 
Sec. AA-14. 5 MRSA §20004, as repealed and replaced by PL 1995, c. 560, Pt. 
L, §3 and affected by §16 and amended by PL 2001, c. 354, §3 and PL 2003, c. 689, Pt. 
B, §6, is repealed. 
Sec. AA-15. 5 MRS A §20004-A, as enacted by PL 1993, c. 410, Pt. LL, §6, is 
amended to read: 
§20004-A. Departments and agencies responsible for cooperation in implementation 
All departments and agencies in State Government are required to cooperate with the 
efH€e department in its implementation and administration of this chapter. 
Sec. AA-16. 5 MRS A §20005, first~, as enacted by PL 1989, c. 934, Pt. A, §3, 
is amended to read: 
The efH€e department shall: 
Sec. AA-17. 5 MRSA §20005, sub-§2, as amended by PL 1991, c. 601, §6, is 
further amended to read: 
2. 
Comprehensive plan. 
Develop and provide for the implementation of a 
comprehensive state plan for alcohol and drug abuse. Any plan developed by the efti€e 
department must be subj ect to public hearing prior to implementation; 
Sec. AA-18. 5 MRSA §20005, sub-§5, as amended by PL 1995, c. 560, Pt. L, §4 
and affected by § 16, is further amended to read: 
5. Budget. Develop and submit to the Legislature by January 15th of the first year 
of each legislative biennium recommendations for continuing and supplemental 
allocations, deappropriations or reduced allocations and appropriations from all funding 
sources for all state alcohol and drug abuse programs. The efH€e department shall make 
final recommendations to the Governor before any substance abuse funds are 
appropriated or deappropriated in the Governor's proposed budget. The efH€e department 
shall formulate all budgetary recommendations for the Driver Education and Evaluation 
Programs with the advice, consultation and full participation of the chief executive officer 
of the Driver Education and Evaluation Programs. 
Notwithstanding any other provision of law, funding appropriated and allocated by the 
Legislature for the Office of Substance Abuse department for substance abuse prevention 
and treatment is restricted solely to the that use of that office and may not be used for 
other expenses of any other part of the department. By January 15th of each year, the 
director commissioner or the commissioner's designee shall deliver a report of the budget 
and expenditures of the efH€e department for substance abuse prevention and treatment to 
the joint standing committees of the Legislature having jurisdiction over appropriations 
and financial affairs and human resource matters; 
Sec. AA-19. 5 MRS A §20005, sub-§6, as amended by PL 2011, c. 542, Pt. A, 
§6, is further amended to read: 
6. Contracts and licensing. Through the director commissioner: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "An to S.P. 600, L.D. 1746 
A. Administer all contracts with community service providers for the delivery of 
alcohol and drug abuse services; 
A-I. Administer all contracts with community service providers for the delivery of 
gambling addiction counseling services; and 
B. Establish operating and treatment standards and inspect and issue certificates of 
approval for approved treatment facilities, drug abuse treatment facilities or 
programs, including residential treatment centers, community-based service providers 
and facilities that are private nonmedical institutions pursuant to section 20024 and 
subchapter 5. 
The commissioner may delegate contract and licensing duties under this subsection to tfle 
Departmeflt of Health aad Humafl Services, the Department of Corrections or other 
divisiofls of the department as long as that delegation ensures that contracting for alcohol 
and other drug abuse services provided in community settings are .i§. consolidated within 
the Department of Health and Humaa Servioes department, that contracting for alcohol 
and other drug abuse services delivered within correctional facilities are .i§. consolidated 
within the Department of Corrections and that contracting for alcohol and other drug 
abuse services delivered within mental health facilities or as a component of programs 
serving persons with intellectual disabilities or autism are .i§. consolidated within the 
department. 
The commissioner may not delegate contract and licensing duties if that delegation results 
in increased administrative costs. 
The commissioner may not issue requests for proposals for existing contract services until 
the commissioner has adopted rules in accordance with the Maine Administrative 
Procedure Act to ensure that the reasons for which existing services are placed out for bid 
and the performance standards and manner in which compliance is evaluated are 
specified and that any change in provider is accomplished in a manner that fully protects 
the consumer of services. 
The commissioner shall establish a procedure to obtain assistance and advice from 
consumers of alcohol and other drug abuse services regarding the selection of contractors 
when requests for proposals are issued; 
Sec. AA-20. 5 MRSA §20005, sub-§12, as amended by PL 1991, c. 601, §6, is 
further amended to read: 
12. Rules. Adopt rules, in accordance with the Maine Administrative Procedure Act, 
necessary to carry out the purposes of this chapter and approve any rules adopted by state 
agencies for the purpose of implementing alcohol or drug abuse prevention or treatment 
programs. 
All state agencies must comply with rules adopted by the effiee department regarding 
uniform alcohol and other drug abuse contracting requirements, formats, schedules, data 
collection and reporting requirements; 
Sec. AA-21. 5 MRS A §20005, sub-§14, as enacted by PL 1993, c. 410, Pt. LL, 
§ 10, is amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "Au to S.P. 600, L.D. 1746 
14. Interdepartmental cooperation. Document to the Legislature's satisfaction, 
active participation and cooperation between the e.:fH.ee department and the other 
departments with which it works through the commission; 
Sec. AA-22. 5 MRS A §20005, sub-§16, as enacted by PL 1993, c. 410, Pt. LL, 
§ 10, is amended to read: 
16. Substance abuse services plan. Plan for not only those services funded directly 
by the e.:fH.ee department, but also those additional services determined by the 
commission to be critical and related; 
Sec. AA-23. 5 MRSA §20006-A, as amended by PL 2007, c. 539, Pt. N, §7, is 
further amended to read: 
§20006-A. Commissioner duties 
The director commissioner or the commissioner's designee shall: 
1. Alternatives. Propose alternatives to current alcohol and drug abuse prevention 
and treatment programs and services; 
2. Investigate. Conduct investigations and studies of any alcohol or drug abuse 
program or community service provider operating under the control of the e.:fH.ee 
department or providing treatment under this chapter through a contract with the e.:fH.ee 
department under section 20008, that are licensed pursuant to section 20024 or any 
facility funded in whole or in part by municipal, state or local funds, as necessary; and 
3. Other duties and powers. Carry out other duties and exercise other powers 
granted to the direotor commissioner under this Act and delegated to the direotor by the 
oommissioner under Title 22-A, section 207, subsection 3. 
Sec. AA-24. 5 MRSA §20006-B, as enacted by PL 2009, c. 622, §1, is amended 
to read: 
§20006-B. Gambling Addiction Prevention and Treatment Fund 
1. Fund established. The Gambling Addiction Prevention and Treatment Fund, 
referred to in this section as "the fund," is established for the purpose of supporting 
gambling addiction analysis, prevention and treatment to be administered by the ef:Hee 
department. The fund is a dedicated, nonlapsing fund into which payments are received 
in accordance with Title 8, section 1036, subsection 2. 
2. Report. The director commissioner or the commissioner's designee shall report 
annually by March 1st to the joint standing committee of the Legislature having 
jurisdiction over gambling matters. The report must include a description of a continuum 
of care model used to identify the need for gambling addiction services, prevention 
efforts, intervention and treatment provided using money from the fund. The report must 
describe any collaborative efforts between the ef:Hee department, the Gambling Control 
Board established under Title 8, section 1002 and slot machine operators licensed in 
accordance with Title 8, chapter 31 to support the purpose of the fund described in 
subsection 1. The director commissioner may submit recommendations for legislation to 
the j oint standing committee of the Legislature having jurisdiction over gambling matters, 
which is authorized to submit that legislation to the Legislature. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
Sec. AA-25. 5 MRSA §20007, as amended by PL 1995, c. 165, § 1, is further 
amended to read: 
§20007. Agency cooperation 
State agencies shall cooperate fully with the office and council department in 
carrying out this chapter. 
A state agency may not develop, establish, conduct or 
administer any alcohol or drug abuse prevention or treatment program without the 
approval of the effi€e department. 
The effi€e department may request personnel, 
facilities and data from other agencies as the director commissioner finds necessary to 
fulfill the purposes of this Act. 
Sec. AA-26. 5 MRS A §20008, first~, as enacted by PL 1989, c. 934, Pt. A, §3, 
is amended to read: 
The effi€e department shall establish and provide for the implementation of a 
comprehensive and coordinated program of alcohol and drug abuse prevention and 
treatment in accordance with sub chapters II 2. and ill 1. and the purposes of this Act. The 
program must include the following elements. 
Sec. AA-27. 5 MRSA §20008, sub-§3, as amended by PL 1991, c. 601, § 10, is 
further amended to read: 
3. Treatment. The effi€e department shall provide for adequate and appropriate 
treatment for alcoholics, drugs drug abusers, drug addicts and drug-dependent persons 
admitted under sections 20043 to 20044. 
Treatment may not be provided at a 
correctional institution, except for inmates. 
Sec. AA-28. 5 MRSA §20008, sub-§4, as enacted by PL 1991, c. 601, § 11, is 
amended to read: 
4. Contract with facilities. The effi€e department shall contract with approved 
treatment facilities whenever possible. The administrator of any treatment facility may 
receive for observation, diagnosis, care and treatment in the facility any person whose 
admission is applied for under any of the procedures in this subchapter. 
Sec. AA-29. 5 MRS A §20009, first~, as enacted by PL 1989, c. 934, Pt. A, §3, 
is amended to read: 
The e.ffu;e department shall plan alcohol and drug abuse prevention and treatment 
activities in the State and prepare and submit to the Legislature the following documents: 
Sec. AA-30. 5 MRSA §20021, as amended by PL 1991, c. 601, §14, is further 
amended to read: 
§20021. Public awareness 
The e.ffu;e department shall create and maintain a program to increase public 
awareness of the impacts and prevalence of alcohol and drug abuse. 
The public 
awareness program must include promotional and technical assistance to local 
governments, schools and public and private nonprofit organizations interested in alcohol 
and drug abuse prevention. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "Au to S.P. 600, L.D. 1746 
Sec. AA-31. 5 MRSA §20022, first ~, as amended by PL 1991, c. 601, §15, is 
further amended to read: 
As part of its comprehensive prevention and treatment program, the effiee 
department shall operate an information clearinghouse and oversee, support and 
coordinate a resource center within the Department of Education. 
The information 
clearinghouse and resource center constitute a comprehensive reference center of 
information related to the nature, prevention and treatment of alcohol and other drug 
abuse. In fulfillment of the requirement of this section, the resource center may be 
located within the Department of Education and may operate there pursuant to a 
memorandum of agreement between the office and the department departments. 
Information must be available for use by the general public, political subdivisions, public 
and private nonprofit agencies and the State. 
l3 
Sec. AA-32. 5 MRSA §20023, as amended by PL 1991, c. 601, §§16 and 17, is 
further amended to read: 
§20023. Education 
To the fullest extent possible, the Commissioner of Education shall coordinate all 
elementary and secondary school alcohol and drug abuse education programs 
administered by the Department of Education and funded under the federal Drug-Free 
Schools and Communities Act of 1986 with programs administered by the effiee 
Department of Health and Human Services. 
The Commissioner of Education shall 
participate in planning, budgeting and evaluation of alcohol and other drug abuse 
programs, in cooperation with the Substance Abuse Advisory Group, and ensure that 
alcohol and drug abuse education programs administered by the Department of Education 
that involve any community participation are coordinated with available treatment 
services. 
The Commissioner of Education, in cooperation '.vith the Substance Abuse Advisory 
Group, shall prepare a plan to enSl:lfe the coordination and consolidation of alcohol and 
other drug abuse education programs and must present the plan to the director by January 
1, 1992. The plan Hll:lst be consistent vlith requirements of the federal Drug Free Schools 
and Cotnml:lnities Act of 1986 and this chaster. 
Nothing in this section interferes with the authority of the Department of Education to 
receive and allocate federal funds under the federal Drug-Free Schools and Communities 
Act of 1986. 
Sec. AA-33. 5 MRSA §20024, as amended by PL 2011, c. 145, § 1, is further 
amended to read: 
§20024. Licensing 
The effiee department shall periodically enter, inspect and examine a treatment 
facility or program and examine its books, programs, standards, policies and accounts. 
This examination process must include a review of the requirements to be a community-
based service provider pursuant to subchapter ¥.2,. The effiee department shall fix and 
collect the fees for the inspection and certification and shall maintain a list of approved 
public and private treatment facilities. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "An to S.P. 600, L.D. 1746 
Upon request by the effi.€e department, each approved public and private treatment 
facility must provide data, statistics, schedules and information that the effi.€e department 
reasonably requires. 
The direetor commissioner may remove a facility that fails to 
provide such information from the list of approved facilities. 
An approved public or private treatment facility may not refuse inspection or 
examination by the effi.€e department under this section. 
Procedures to decertify any facility or to refuse certification are governed by the 
Maine Administrative Procedure Act. 
A treatment facility or program that receives and maintains accreditation from a 
national accrediting body approved by the department must be deemed in compliance 
with comparable state licensing rules upon its submission to the department of written 
evidence of compliance including, but not limited to, national accreditation approval, 
reports, findings and responses. 
The department may review compliance under this 
paragraph in response to a complaint against the facility or program. 
Sec. AA-34. 5 MRSA §20041, sub-§l, as amended by PL 1991, c. 601, §20, is 
further amended to read: 
1. 
Data collection; sources. The effi.€e department shall collect data and use 
information from other sources to evaluate or provide for the evaluation of the impact, 
quality and value of alcohol and drug abuse prevention activities, treatment facilities and 
other alcohol and other drug abuse programs. 
Sec. AA-35. 5 MRS A §20042, as amended by PL 1991, c. 601, §20, is further 
amended to read: 
§20042. Standards 
The effi.€e department shall contract for treatment services only with approved 
treatment facilities. 
Sec. AA-36. 5 MRS A §20043, first ~, as amended by PL 1991, c. 601, §20, is 
further amended to read: 
The effi.€e department shall adopt rules for acceptance of persons into a treatment 
program, considering available treatment resources and facilities, for the purpose of early 
and effective treatment of alcoholics, drug abusers, drug addicts and drug-dependent 
persons. 
Sec. AA-37. 5 MRS A §20043, 2nd ~, as enacted by PL 1989, c. 934, Pt. A, §3, 
is amended to read: 
In establishing rules, the effi.€e department must be guided by the following 
standards. 
Sec. AA-38. 5 MRSA §20043, sub-§6, as amended by PL 1991, c. 601, §20, is 
further amended to read: 
6. Denial of treatment services. A person, firm or corporation licensed by the 
Offiee of 8ubstanee Abuse department as an approved alcohol or drug treatment facility 
under Title 5, section 20005 to provide shelter or detoxification services, and that 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
receives any funds administered by the ~ 
department to provide substance abuse 
prevention and treatment services, may not deny treatment to any person because of that 
person's inability or failure to pay any assessed fees. 
Sec. AA-39. 5 MRSA §20044, sub-§2, as amended by PL 1991, c. 601, §20, is 
further amended to read: 
2. Determination. A person who comes voluntarily or is brought to an approved 
treatment facility for residential care and treatment must be examined immediately by a 
licensed physician. That person may then be admitted or referred to another health 
facility based upon the physician's recommendation. Subject to rules adopted by the 
~ 
department, the administrator in charge of an approved treatment facility may 
determine who may be admitted for treatment. If a person is refused admission to an 
approved treatment facility, the administrator, subject to rules adopted by the ~ 
department, shall refer the person to another approved treatment facility for treatment if 
possible and appropriate. 
Sec. AA-40. 5 MRSA §20047, sub-§2, as enacted by PL 1989, c. 934, Pt. A, §3, 
is amended to read: 
2. 
Information for research. 
Notwithstanding subsection 1, the director 
commissioner may make available information from patients' records for purposes of 
research into the causes and treatment of alcoholism and drug abuse. Information under 
this subsection may not be published in a way that discloses patients' names or other 
identifying information. 
Sec. AA-41. 
MRSA §20048, as enacted by PL 1989, c. 934, Pt. A, §3, is 
amended to read: 
§20048. Visitation and communication of patients 
1. Hours of visitation. Subject to reasonable rules regarding hours of visitation 
whleh that the director commissioner may adopt, patients in any approved treatment 
facility must be granted opportunities for adequate consultation with counsel and for 
continuing contact with family and friends consistent with an effective treatment 
program. 
2. Communication. Mail or other communication to or from a patient in any 
approved treatment facility may not be intercepted, read or censored. 
The director 
commissioner may adopt reasonable rules regarding the use of telephones by patients in 
approved treatment facilities. 
3. Restrictions. The patient may exercise all civil rights, including, but not limited 
to, civil service status; the right to vote; rights relating to the granting, renewal, forfeiture 
or denial of a license, permit, privilege or benefit pursuant to any law; and the right to 
enter contractual relationships and to manage the patient's property, except: 
A. To the extent the director commissioner detennines that it is necessary for the 
medical welfare of the patient to impose restrictions~ unless the patient has been 
restored to legal capacity; or 
B. When specifically restricted by other laws or rules. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
Restrictions on the exercise of civil rights may not be imposed on any patient solely 
because of the fact of that person's admission to a mental hospital. 
Sec. AA-42. 5 MRSA §20050, sub-§3, as enacted by PL 1989, c. 934, Pt. A, §3, 
is amended to read: 
3. Finances. The e.ffiee department shall adopt rules governing financial ability that 
take into consideration the patient's income, savings, other personal and real property and 
any support being furnished to any other person that the patient is required by law to 
support. 
Sec. AA-43. 5 MRSA §20065, sub-§8, as amended by PL 1995, c. 560, Pt. L, §9 
and affected by § 16, is further amended to read: 
8. Administrative and financial assistance. The e.ffiee department shall provide 
the commission administrative or financial assistance that is available from e.ffiee 
department resources. 
Sec. AA-44. 5 MRSA §20067, first ~, as enacted by PL 1993, c. 410, Pt. LL, 
§ 12, is amended to read: 
The commission, in cooperation with the effiee department, has the following duties. 
Sec. AA-45. 5 MRSA §20067, sub-§l-A, as enacted by PL 1995, c. 560, Pt. L, 
§ 11 and affected by § 16, is amended to read: 
1-A. Advise the department. The commission shall advise the effiee department in 
the development and implementation of significant policy matters relating to substance 
abuse. 
Sec. AA-46. 5 MRSA §20067, sub-§3, as enacted by PL 1993, c. 410, Pt. LL, 
§ 12, is amended to read: 
3. Serve as advocate; review and evaluate; inform the public. The commission 
shall serve as an advocate on alcoholism and drug abuse prevention, promoting and 
assisting activities designed to meet the problems of drug abuse and drug dependence at 
the national and state levels. With the support of the e.ffiee department, the commission 
shall review and evaluate on a continuing basis state and federal policies and programs 
relating to drug abuse and other activities conducted or assisted by state departments or 
agencies that affect persons who abuse or are dependent on drugs. In cooperation with 
the e.ffiee department, the commission shall keep the public informed by collecting and 
disseminating information, by conducting or commissioning studies and publishing the 
results of those studies, by issuing publications and reports and by providing public 
forums, including conferences and workshops. 
Sec. AA-47. 5 MRSA §20072, first ~, as amended by PL 1995, c. 560, Pt. L, 
§ 12 and affected by § 16, is further amended to read: 
The Driver Education and Evaluation Programs are established in the effiee 
department. The Driver Education and Evaluation Programs shall administer the alcohol 
and other drug education, evaluation and treatment programs as provided in this chapter. 
The e.ffiee department shall certify to the Secretary of State: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
Sec. AA-48. S MRSA §20073-B, as enacted by PL 1999, c. 448, §6, is amended 
to read: 
§20073-B. Programs and components; rules 
The effioo department shall design programs and components that are age-
S 
appropriate and therapeutically appropriate. The effioo department shall adopt rules 
regarding requirements for these programs and components and any other rules necessary 
to implement this subchapter. Rules adopted pursuant to this section are routine technical 
rules as defined in chapter 375, subchapter II-A 2-A. 
Sec. AA-49. S MRSA §20074, as amended by PL 1991, c. 850, §9, is further 
amended to read: 
§20074. Separation of evaluation and treatment functions 
A Driver Education and Evaluation Programs private practitioner or a counselor 
employed by a substance abuse facility approved or licensed by the efHee department 
providing services under this subchapter may not provide both treatment services and 
evaluation services for the same individual participating in programs under this 
subchapter unless a waiver is granted on a case-by-case basis by the Driver Education and 
Evaluation Programs. The practitioner or counselor providing evaluation services shall 
give a client the name of 3 practitioners or counselors who can provide treatment 
services, at least one of whom may not be employed by the same agency as the 
practitioner or counselor conducting the evaluation. 
Sec. AA-SO. S MRSA §2007S, as amended by PL 2001, c. 511, §2, is further 
amended to read: 
§20075. Certification; recertification 
All providers of the evaluation, intervention and treatment components of the Driver 
Education and Evaluation Programs must be certified by the effioo department pursuant 
to section 20005, section 20024, section 20073-B and this subchapter. The certification 
period for individual providers and agencies is 2 years. The effioo department shall adopt 
rules requiring continuing education for recertification. 
Sec. AA-S1. S MRSA §20076-B, as enacted by PL 1999, c. 448, §9, is amended 
to read: 
§20076-B. Fees 
The effu;e department shall set fees in accordance with the cost of each program. All 
fees must be transferred to the General Fund. The effiee department may waive all or 
part of any fee for a client who provides sufficient evidence of inability to pay. 
Sec. AA-S2. S MRSA §20077, as enacted by PL 1991, c. 601, §28, is amended to 
read: 
§20077. Report 
Beginning in 1992, the director commissioner shall report annually by February 1st to 
the joint standing committee of the Legislature having jurisdiction over human resource 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "An to S.P. 600, L.D. 1746 
matters regarding the office's department's activities under this subchapter. A copy of the 
report must be sent to the Executive Director of the Legislative Council. 
Sec. AA-S3. S MRSA §20078-A, sub-§3, as enacted by PL 1993, c. 631, §7, is 
amended to read: 
3. Facilities; staff. The director commissioner shall provide staff support and 
adequate facilities for the board. 
Sec. AA-S4. S MRSA §20078-A, sub-§4, as enacted by PL 1993, c. 631, §7, is 
amended to read: 
4. Chair; rules. The board shall elect annually a chair from its members. The 
director commissioner shall adopt rules to carry out the purposes of this section. 
Sec. AA-SS. 12 MRS A §10701, sub-§3, ~, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by c. 614, §9 and amended by c. 689, Pt. B, §6, is further amended to 
read: 
D. In addition to the penalties provided under paragraphs A to C, the court may order 
the defendant to participate in the alcohol and other drug education, evaluation and 
treatment programs for multiple offenders administered by the Department of Health 
and Human Services, Office of Substance Abuse, as established in under Title 5, 
chapter 521. 
Sec. AA-S6. 17 MRSA §200S, sub-§3, as enacted by PL 1997, c. 756, § I and 
amended by PL 2001, c. 354, §3 and PL 2003, c. 689, Pt. B, §6, is further amended to 
read: 
3. 
Reporting. 
Beginning April 30, 1998 and monthly thereafter, each law 
enforcement agency shall submit a copy of its records of all known incidents of public 
intoxication to the Department of Public Safety. 
These records may not include 
individuals' names. Beginning June 30, 1998 and quarterly thereafter, the Department of 
Public Safety shall forward these records to the Department of Health and Human 
Services, Offioe of Substance J\buse. The records must include at least the following 
information: 
A. The number of reported cases of public intoxication; 
B. 
The number of persons who are reported more than one time pursuant to 
paragraph A; 
C. 
The number of persons voluntarily transported to a state-licensed treatment 
facility or shelter as a result of reported incidents of public intoxication; 
D. The number of persons voluntarily transported to their residence or left with a 
family member or friend as a result of reported incidents of public intoxication; and 
E. The number of intoxicated persons left at the scene of the reported incident or at 
another public place. 
Sec. AA-S7. 20-A MRSA §6621, as enacted by PL 2005, c. 674, §3, is amended 
to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "An to S.P. 600, L.D. 1746 
§6621. Performance-enhancing substances 
1. List of banned substances. By January 1, 2007 the Director of the Office of 
Substance Abuse within the Department The Commissioner of Health and Human 
Services, kno'i'/n in this subchapter as "the director," shall develop a list of banned 
performance-enhancing substances. 
The list must include, but is not limited to, the 
following: 
A. Ephedrine; 
B. Synephrine, also known as bitter orange; 
C. Dehydroepiandrosterone; 
D. 
All dietary supplements as defined by 21 United States Code, Section 321, 
Subsection (ff) that are on a banned substance list maintained by the National 
Collegiate Athletic Association or the World Anti-Doping Agency or their successor 
organizations; and 
E. 
All other substances that are on a banned substance list maintained by the 
National Collegiate Athletic Association or the World Anti-Doping Agency or their 
successor organizations except for: 
(1) A substance that is otherwise illegal in this State; or 
(2) A substance the use of which by minors is illegal in this State. 
2. Amendments to list. The director Commissioner of Health and Human Services 
shall amend the banned substances list each time a dietary supplement or other substance 
referenced in subsection 1, paragraph 0 or E is added to the list of banned substances 
maintained by the National Collegiate Athletic Association or the World Anti-Doping 
Agency or their successor organizations. For a substance to be prohibited under section 
6624 in a particular school year, the substance must be added to the banned substances 
list maintained under this section no later than July I st preceding that school year. 
3. Notification. The director Commissioner of Health and Human Services shall 
notify the department, the Maine School Management Association and the Maine 
Principals' Association or their successor organizations when the initial list of banned 
substances is complete and of any subsequent changes to the list. The department shall 
notify all school administrative units that have students who participate in sports of the 
availability of the list. The director Commissioner of Health and Human Services shall 
post the list on its the publicly accessible website of the Department of Health and 
Human Services. 
Sec. AA-5S. 22 MRSA §272, sub-§2, as enacted by PL 1997, c. 560, Pt. 0, §2 
and amended by PL 2001, c. 354, §3 and PL 2003, c. 689, Pt. B, §6, is further amended to 
read: 
2. Tobacco Prevention and Control Advisory Council. The Tobacco Prevention 
and Control Advisory Council is established under Title 5, section 12004-1, subsection 
36-0 to review the program. The advisory council shall provide advice to the bureau in 
carrying out its duties under this section and ensure coordination of the program with 
relevant nonprofit and community agencies and the Department of Education, the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
department, the Office of Substance Abuse and other relevant state agencies. 
The 
advisory council consists of9 members, appointed as follows: 
A. Two public health officials, appointed by the Governor; 
B. Two representatives of nonprofit organizations involved in seeking to reduce the 
use of tobacco products in the State, with one representative appointed by the 
President of the Senate and one representative appointed by the Speaker of the House 
of Representatives; 
C. 
A person who designs and implements issue-oriented public health media 
campaigns, appointed by the Governor; 
D. 
Two persons involved in designing and implementing community-based 
education or cessation programs for the prevention of tobacco products use, one to 
focus on adults, appointed by the President of the Senate, and one to focus on youth, 
appointed by the Speaker of the House of Representatives; and 
E. Two members of the public, appointed jointly by the President of the Senate and 
the Speaker of the House of Representatives in consultation with the leaders of the 
minority political party. 
Appointments to the advisory council must be made by October 15, 1997. Members 
serve for 3-year terms and may be reappointed. When the appointment of all members is 
complete, the Governor or the Governor's designee shall convene the first meeting of the 
advisory council no later than November 15, 1997. The advisory council shall choose a 
chair from among its members and establish its procedure for reaching decisions. The 
bureau shall provide staff assistance to the advisory council. The advisory council shall 
report annually on the program to the Governor and the Legislature by December 1 st and 
include any recommendations or proposed legislation to further the purposes of the 
program. 
The appointing authority shall fill a vacancy on the advisory council for the remainder of 
the vacant term. Each member who is not a salaried employee is entitled to compensation 
as provided in Title 5, section 12004-1, subsection 36-0, following approval of expenses 
by the Director of the Bureau of Health. 
Sec. AA-59. 22 MRS A §1551-A, sub-§5, as enacted by PL 1995, c. 470, §9 and 
affected by § 19, is repealed. 
Sec. AA-60. 22 MRS A §1558, sub-§8, ~A, as amended by PL 2005, c. 223, §5, 
is further amended to read: 
A. The District Court shall maintain a record of all fines received by the court. Any 
fines received must be credited as follows: 
to the Department of Health and 
Human Services in a nonlapsing account to be used by the department to defray 
administrative costs of retail tobacco licensing and 112 to a nonlapsing account to be 
used by the Attorney General to support enforcement and responsible retailing 
education programs. Annually, the court shall report to the Office of Substance 
Ab-use department the total amount of fines collected. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "Au to S.P. 600, L.D. 1746 
Sec. AA-61. 22 MRSA §1558-A, sub-§2, as enacted by PL 1995, c. 470, §9 and 
affected by §19 and amended by PL 1999, c. 547, Pt. B, §78 and affected by §80, is 
further amended to read: 
2. Notice to department. The District Court shall forward to the department notice 
of final disposition of all proceedings conducted pursuant to this subchapter. 
The 
department shall maintain the records of the proceedings for at least 5 years. Annually, 
the department shall report a Sl:lmmary of the types and nl:lmber of cases heard and the 
dispositions of the cases to the Office of Sl:lbstance Abl:lse. 
Sec. AA-62. 22 MRS A §2351, as enacted by PL 2005, c. 430, §5 and affected by 
§ 10, is amended to read: 
§2351. Maine Meth Watch Program 
1. 
Establishment; purpose. The Office of Sl:lbstance Abl:lse department shall 
establish the Maine Meth Watch Program to educate retailers, retail employees and the 
public in order to help curtail suspicious sales and the theft of methamphetamine 
precursor drugs as defined in Title 17 -A, section 110 1, subsection 4-A and to identify the 
location of illicit methamphetamine manufacturing. 
2. Rulemaking. The Office of Substance Abl:lse department may adopt rules to 
carry out the purposes of this chapter. Rules adopted pursuant to this subsection are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. AA-63. 22 MRSA §3739, sub-§2, ~G, as enacted by PL 1993, c. 158, §2, is 
amended to read: 
G. 
One employee of the Office of Sl:lbstance Abl:lse organizational unit of the 
department that provides programs and services for substance abuse prevention and 
treatment, appointed by the Director of the Office of Sl:lbstance l\bl:lse commissioner; 
Sec. AA-64. 22 MRSA §4004-A, sub-§3, as corrected by RR 2003, c. 2, §77, is 
amended to read: 
3. 
Additional parties. 
The Department of Corrections, the Department of 
Education, the Office of Substance Abuse and any other appropriate state agency may be 
additional parties to the agreement. 
Sec. AA-65. 22 MRSA §7246, sub-§4, as enacted by PL 2003, c. 483, §1 and 
amended by c. 689, Pt. B, §6, is repealed. 
Sec. AA-66. 22 MRSA §7247, as amended by PL 2011, c. 380, Pt. WW, §1, is 
further amended to read: 
§7247. Controlled Substances Prescription Monitoring Program Fund 
The Controlled Substances Prescription Monitoring Program Fund is established 
within the efH.€e department to be used by the director of the office commissioner to fund 
or assist in funding the program. Any balance in the fund does not lapse but is carried 
forward to be expended for the same purposes in succeeding fiscal years. The fund must 
be deposited with and maintained and administered by the efH.€e department. The efH.€e 
commissioner may accept funds into the fund from any source, public or private, 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
including grants or contributions of money or other things of value, that it the 
commissioner determines necessary to carry out the purposes of this chapter. Money 
received by the effi.ee department to establish and maintain the program must be used for 
the expenses of administering this chapter. 
Sec. AA-67. 22 MRSA §7248, as enacted by PL 2003, c. 483, §1, is amended to 
read: 
§7248. Controlled Substances Prescription Monitoring Program 
1. Establishment of monitoring program. Contingent upon the receipt of funds 
pursuant to section 7247 sufficient to carry out the purposes of this chapter, the 
Controlled Substances Prescription Monitoring Program is established. No later than 
January 2, 2004, to implement the program, the effi.ee department shall establish an 
electronic system for monitoring any controlled substance that is dispensed to a person in 
the State by a dispenser. 
2. Contract for services. The effi.ee department may contract with a vendor to 
establish and maintain the program pursuant to rules adopted by the effi.ee department. 
3. Information available. The program must rapidly provide information in an 
electronic format to prescribers and dispensers. 
Sec. AA-68. 22 MRSA §7249, as amended by PL 2011, c. 477, Pt. K, §I, is 
further amended to read: 
§7249. Reporting of prescription monitoring information 
1. Information required. Each dispenser shall submit to the effi.ee department, by 
electronic means or other format specified in a waiver granted by the effi.ee department, 
specific items of information regarding dispensed controlled substances determined by 
the office from the following list: 
A. The dispenser identification number; 
B. The date the prescription was filled; 
C. The prescription number; 
D. Whether the prescription is new or is a refill; 
E. The National Drug Code (NDC) for the drug dispensed; 
F. The quantity dispensed; 
G. The dosage; 
H. The patient identification number; 
I. The patient name; 
J. The patient address; 
K. The patient date of birth; 
L. The prescriber identification number; 
37M. The date the prescription was issued by the prescriber; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "An to S.P. 600, L.D. 1746 
N. 
The office issued department-issued serial number if the effiee department 
chooses to establish a serial prescription system. 
2. 
Frequency. 
Each dispenser shall submit the information required under 
subsection 1 as frequently as specified by the efHee department. 
3. Waiver. The efHee department may grant a waiver of the electronic submission 
requirement under subsection 1 to any dispenser for good cause, including financial 
hardship, as determined by the efHee department. The waiver must state the format and 
frequency with which the dispenser is required to submit the required information. 
4. Immunity from liability. A dispenser is immune from liability for disclosure of 
information if the disclosure was made pursuant to and in accordance with this chapter. 
5. Participation requirements. If less than 90% of the prescribers in a class of 
prescribers described in paragraphs A to F are registered in the program on January 1, 
2014, then all the members of that class of prescribers shall register in the program by 
March 1, 2014. The following are the classes of prescribers that are subject to the 
provisions of this subsection: 
A. Allopathic physicians licensed pursuant to Title 32, chapter 48, subchapter 2; 
B. Osteopathic physicians licensed pursuant to Title 32, chapter 36; 
C. Dentists licensed pursuant to Title 32, chapter 16, subchapter 3; 
D. Physician assistants licensed pursuant to Title 32, chapter 48, subchapter 2; 
E. Podiatrists licensed pursuant to Title 32, chapter 51; and 
F. Advanced practice registered nurses licensed pursuant to Title 32, chapter 31, 
subchapter 3. 
Sec. AA-69. 22 MRSA §7250, as amended by PL 2011, c. 218, §§1 to 4, is 
further amended to read: 
§7250. Access to prescription monitoring information and confidentiality 
1. 
Confidentiality. Except as provided in this section, prescription monitoring 
information submitted to the efHee department is confidential and is not a public record 
as defined in Title 1, section 402, subsection 3. 
2. Review of information. If the prescription monitoring information surpasses 
thresholds as established by the efHee department, the effiee department shall notify the 
prescriber, the dispenser and, if the efHee department determines it to be necessary, the 
professional licensing entity and provide all relevant prescription monitoring information 
to those persons and entities through an established letter of notification. 
3. Permissible disclosure of information. The efHee department may provide 
prescription monitoring information for public research, policy or education purposes as 
long as all information reasonably likely to reveal the patient or other person who is the 
subject of the information has been removed. 
4. 
Access to information. The following persons may access prescription 
monitoring information: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
A. A prescriber, insofar as the information relates to a patient under the prescriber's 
care; 
B. A dispenser, insofar as the information relates to a customer of the dispenser 
seeking to have a prescription filled; 
C. The executive director, or a board investigator as designated by each board, of the 
state boards of licensure of podiatric medicine, dentistry, pharmacy, medicine, 
osteopathy, veterinary medicine, nursing or other boards representing health care 
disciplines whose licensees are prescribers, as required for an investigation, with 
reasonable cause; 
D. A patient to whom a prescription is written, insofar as the information relates to 
that patient; 
E. 
G.ffiee Department personnel or personnel of any vendor or contractor, as 
necessary for establishing and maintaining the program's electronic system; 
F. 
The Office of Chief Medical Examiner for the purpose of conducting an 
investigation or inquiry into the cause, manner and circumstances of death in a 
medical examiner case as described in section 3025. 
Prescription monitoring 
information in the possession or under the control of the Office of Chief Medical 
Examiner is confidential and, notwithstanding section 3022, may not be 
disseminated. 
Infonnation that is not prescription monitoring information and is 
separately acquired following access to prescription monitoring information pursuant 
to this paragraph remains subject to protection or dissemination in accordance with 
section 3022; 
G. The office that administers the MaineCare program pursuant to chapter 855 for 
the purposes of managing the care of its members, monitoring the purchase of 
controlled substances by its members and avoiding duplicate dispensing of controlled 
substances; and 
H. Another state pursuant to subsection 4-A. 
4-A. Information sharing with other states. The efHee department may provide 
prescription monitoring information to and receive prescription monitoring information 
from another state that has prescription monitoring information provisions consistent with 
this chapter and has entered into a prescription monitoring information sharing agreement 
with the efHee department. 
The efHee department may enter into a prescription 
monitoring information sharing agreement with another state to establish the terms and 
conditions of prescription monitoring information sharing and interoperability of 
information systems and to carry out the purposes of this subsection. 
For purpose 
purposes of this subsection, "another state" means any state other than Maine and any 
territory or possession of the United States, but does not include a foreign country. 
5. Purge of information. The efHee department shall purge from the program all 
information that is more than 6 years old. 
Sec. AA-70. 22 MRS A §7251, sub-§l, as enacted by PL 2003, c. 483, §1, is 
amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
1. Failure to submit information. A dispenser who knowingly fails to submit 
prescription monitoring information to the ef:fiee department as required by this chapter is 
subject to discipline by the Maine Board of Pharmacy pursuant to Title 32, chapter 117, 
subchapter 4 or by the applicable professional licensing entity. 
Sec. AA-71. 22 MRSA §7252, as enacted by PL 2003, c. 483, §1, is amended to 
read: 
§7252. Rulemaking 
The ef:fiee department may adopt rules necessary to implement the provisions of this 
chapter. Rules adopted pursuant to this section are major substantive rules as defined in 
Title 5, chapter 375, subchapter 2-A. 
Sec. AA-72. 26 MRS A §683, sub-§l, ~B, as amended by PL 1995, c. 283, §1, is 
further amended to read: 
B. The employee assistance program must be certified by the Office of Substance 
Affitse Department of Health and Human Services under rules adopted pursuant to 
section 687. The rules must ensure that the employee assistance programs have the 
necessary personnel, facilities and procedures to meet minimum standards of 
professionalism and effectiveness in assisting employees. 
Sec. AA-73. 26 MRSA §687, sub-§l, as amended by PL 1995, c. 283, §2, is 
further amended to read: 
1. Department of Health and Human Services. The Office of Substance Abuse 
Department of Health and Human Services shall adopt rules under the Maine 
Administrative Procedure Act, Title 5, chapter 375, as provided in this subchapter. 
Sec. AA-74. 26 MRSA §688, as amended by PL 1995, c. 283, §3 and PL 2003, c. 
689, Pt. B, §6, is further amended to read: 
§688. Substance abuse education 
All employers shall cooperate fully with the Department of Labor, Office of 
SubstaRce Abuse, the Department of Health and Human Services, the Department of 
Public Safety and any other state agency in programs designed to educate employees 
about the dangers of substance abuse and about public and private services available to 
employees who have a substance abuse problem. 
Sec. AA-75. 28-A MRSA §1703, sub-§5, as amended by PL 1997, c. 373, §144, 
is further amended to read: 
5. Appropriation. The amount of funds appropriated from the General Fund to the 
Office of Substance Abuse, as established in Title 5, chapter 521, Department of Health 
and Human Services for substance abuse prevention and treatment may not be less than 
the dollar amount collected or received by the alcohol bureau and bureau under this 
section. 
Sec. AA-76. 28-A MRS A §2519, sub-§2,~, as amended by PL 1999, c. 519, 
§2, is further amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
D. A representative of the Office of Substance Abuse Department of Health and 
Human Services; 
Sec. AA-77. 29-A MRSA §2401, sub-§l, as enacted by PL 1993, c. 683, Pt. A, 
§2 and affected by Pt. B, §5, is amended to read: 
1. Alcohol and drug program. "Alcohol and drug program" means the alcohol and 
other drug education, evaluation and treatment program administered by the Office of 
Substanoe Abuse Department of Health and Human Services under Title 5, chapter 521, 
subchapter ¥ ~. 
Sec. AA-78. 29-A MRSA §2411, sub-§5, ,F, as amended by PL 2001, c. 511, 
§3 and PL 2003, c. 689, Pt. B, §6, is further amended to read: 
F. For a person sentenced under paragraph B, C or D, the court shall order the 
defendant to participate in the alcohol and other drug program of the Department of 
Health and Human Services, Office of Substance Abuse. The court may waive the 
program pursuant to Title 5, section 20073-B, if the court finds that the defendant has 
completed an alcohol or other drug treatment program subsequent to the date of the 
offense; and 
Sec. AA-79. 29-A MRSA §2455, sub-§3, ,A, as enacted by PL 1993, c. 683, Pt. 
A, §2 and affected by Pt. B, §5, is amended to read: 
A. Satisfactory completion of the Driver Education and Evaluation Programs of the 
Office of Substance Abuse Department of Health and Human Services; 
Sec. AA-SO. 29-A MRSA §2472, sub-§6, as amended by PL 2001, c. 511, §6, is 
further amended to read: 
6. Restoration of license. If a person's license has been suspended under subsection 
for a first offense, the Secretary of State may issue a license if: 
A. One half of the suspension period has expired; and 
B. The Secretary of State has received notice that the person has completed the 
alcohol and other drug program of the Offioe of Substance Abuse Department of 
Health and Human Services. 
A 2nd or subsequent offender may be issued a license following the completion of the 
period of suspension provided if the Secretary of State has received notice that the person 
has completed the alcohol and other drug program of the Office of gubstance Ahuse 
Department of Health and Human Services. 
Sec. AA-S1. 29-A MRSA §2502, as amended by PL 2011, c. 335, §11, is further 
amended to read: 
§2502. Special licenses for driver education evaluation program; suspension 
1. Issuance of special license. Following the expiration of the total period of 
suspension imposed on a first-time offender pursuant to Title 15, section 3314 or sections 
2411,2453, 2453-A, 2472 and 2521, the Secretary of State shall issue a special license or 
permit to the person if the Secretary of State receives written notice that the person has 
completed the assessment components of the alcohol and other drug program pursuant to 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "An to S.P. 600, L.D. 1746 
Title 5, section 20073-B. 
First offenders who have registered for the completion of 
treatment programs as described in Title 5, section 20072, subsection 2 are entitled to 
receive a special license after completion of 3 treatment sessions provided by a counselor 
or agency approved by the Office of Substance Abuse Department of Health and Human 
Services. A special license or permit may not be issued under this section to 2nd and 
subsequent offenders. 
2. Suspension of special license. If the person refuses or fails to complete the 
alcohol and other drug program pursuant to Title 5, section 20073-B within 3 months 
after receiving a special license, the Secretary of State, following notice of that refusal or 
failure, shall suspend the special license until the person completes the program. The 
suspension must continue until the Secretary of State receives written notification from 
the Office of Substance Abuse Department of Health and Human Services that the person 
has satisfactorily completed all required components of that program. The Secretary of 
State shall provide notice of suspension and opportunity for hearing pursuant to Title 5, 
chapter 375, subchapter 4. The sole issue at the hearing is whether the person has written 
notification from the Office of Substance Abuse Department of Health and Human 
Services establishing that the person has satisfactorily completed all components of that 
program pursuant to Title 5, section 20073-B. 
Sec. AA-82. 29-A MRSA §2505, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is amended to read: 
§2505. 
Special restricted license for participation in education and treatment 
programs 
Notwithstanding other limitations, the Secretary of State may issue a restricted 
license to a person for the purpose of allowing that person to participate in an alcohol and 
drug program or other treatment program determined appropriate by the Office of 
Substance Abuse Department of Health and Human Services. 
Sec. AA-83. 32 MRSA §6212, sub-§2, as amended by PL 2007, c. 402, Pt. U, 
§7, is further amended to read: 
2. Adopt criteria. The board, in cooperation with the Office of Substance Abuse 
Department of Health and Human Services, may design, adopt or design and adopt an 
examination or other suitable criteria for establishing a candidate's knowledge, skill and 
experience in alcohol and drug counseling. 
Any criteria adopted by the board for 
establishing a candidate's knowledge, skill and experience in alcohol and drug counseling 
must be clearly defined, have an established baseline scoring procedure that is objectively 
measured, be in writing and be available to the public upon request. 
Sec. AA-84. 32 MRSA §13795, sub-§5, as amended by PL 2007, c. 695, Pt. B, 
§ 18, is further amended to read: 
5. 
Rulemaking. The Director of the Office of Substaace Abuse withia the 
Departmeat Commissioner of Health and Human Services may adopt rules to implement 
this subsection. Rules adopted pursuant to this subsection are major substantive rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
A. If the Director of the Maine Drug Enforcement Agency within the Department of 
Public Safety finds that the ease of availability of liquid, liquid-filled capsule or 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
glycerin matrix forms of products contammg ephedrine, pseudoephedrine or 
phenylpropanolamine or their salts, isomers or salts of isomers, either alone or in 
combination with other ingredients, referred to in this paragraph as "products," is a 
threat to the public health, safety and welfare, then the Director of the Maine Drug 
Enforcement Agency shall notify the Director of the Office of Substance Abuse 
Commissioner of Health and Human Services. 
The Director of the Office of 
Substance Abuse Commissioner of Health and Human Services shall consult with the 
joint standing committee of the Legislature having jurisdiction over health and human 
services matters, providing the reasons for undertaking rulemaking, and may, after 
consultation, adopt rules designating the products as targeted methamphetamine 
precursors pursuant to section 13702-A, subsection 33, paragraph B. 
B. If the Director of the Maine Drug Enforcement Agency finds that sales oftargeted 
methamphetamine precursors that are made without verifying the identity of the 
purchaser pose a threat to public health, safety and welfare, then the Director of the 
Maine Drug Enforcement Agency shall notifY the Director of the Offiee of Substanee 
Abtl5e Commissioner of Health and Human Services. The Director of the Office of 
Substance Abuse Commissioner of Health and Human Services shall consult with the 
joint standing committee of the Legislature having jurisdiction over health and human 
services matters, providing the reasons for undertaking rulemaking, and may, after 
consultation, adopt rules requiring a person making a sale of a targeted 
methamphetamine precursor pursuant to section 13796 to demand from the purchaser 
and to inspect and record prior to the sale proof of identification, including valid 
photographic identification, and to keep a log of sales. 
Sec. AA-8S. 34-B MRSA §1219, sub-§l, as enacted by PL 1995, c. 431, §2 and 
amended by PL 2003, c. 689, Pt. B, §6, is further amended to read: 
1. Development of state strategy. The department shall develop a comprehensive 
state strategy for preventing the inappropriate incarceration of seriously mentally ill 
individuals and for diverting those individuals away from the criminal justice system. 
This strategy must be developed with the active participation of other agencies and 
providers responsible for serving persons with serious mental illness, including.;--the 
Department of Health and Human Services; the Department of Corrections; the 
Department of Health and Human Services, Bureau of Medical Services; and 
representatives of community mental health centers, area shelters, other community 
providers, consumers of services and their families, providers of inpatient mental health 
services, advocates for consumers of mental health services, sheriffs' departments,---the 
Office of Substance Abuse and the Department of Public Safety. 
Sec. AA-86. Maine Revised Statutes headnote amended; revision clause. 
In the Maine Revised Statutes, Title 5, chapter 521, in the chapter headnote, the words 
"office of substance abuse" are amended to read "substance abuse prevention and 
treatment" and the Revisor of Statutes shall implement this revision when updating, 
publishing or republishing the statutes. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
PARTBB 
Sec. BB-l. 5 MRSA §1591, sub-§2, ~A, as amended by PL 2011, c. 380, Pt. 
UUU, § 1, is further amended to read: 
A. Any balance remaining in the accounts of the Department of Health and Human 
Services, Bureau of Elder aRd Adult Services appropriated for the purposes of 
homemaker or home-based care services at the end of any fiscal year to be carried 
forward for use by either program in the next fiscal year; 
Sec. BB-2. 22 MRSA §3174-I, sub-§l, ~-1, as enacted by PL 1995, c. 170, §2, 
is amended to read: 
lOB-I. For persons with severe cognitive impairments who have been assessed and 
found ineligible for nursing facility level care, the department, through the Bureau of 
Elder aRd Adult Services, its community options unit, shall review the assessment 
and provide case management to assist consumers and caregivers to receive 
appropriate services. 
Sec. BB-3. 22 MRSA §3472, sub-§2-A, as amended by PL 2003, c. 653, §2 and 
c. 689, Pt. B, §6, is repealed. 
Sec. BB-4. 22 MRSA §5104, sub-§2, as amended by PL 1989, c. 329, §8 and PL 
2003, c. 689, Pt. B, §6, is repealed. 
Sec. BB-5. 22 MRSA §5104, sub-§4, as repealed and replaced by PL 1973, c. 
793, §3, is repealed. 
Sec. BB-6. 22 MRSA §5104, sub-§6, as amended by PL 1989, c. 329, §10 and 
PL 2003, c. 689, Pt. B, §6, is repealed. 
Sec. BB-7. 22 MRSA §5104-A, as enacted by PL 1973, c. 793, §4, is amended to 
read: 
§5104-A. State agencies to cooperate 
State agencies shall cooperate fully with the bureau aRd oommittee department in 
carrying out this Part. The bUTeau and oommittee are department is authorized to request 
such personnel, financial assistance, facilities and data as are reasonably required to assist 
the bureau aRd oommittee i! to fulfill theif its powers and duties. 
State agencies proposing to develop, establish, conduct or administer programs or to 
assist programs relating to this Part shall, prior to carrying out such actions, consult with 
the bureau department. 
All agencies of State Government shall advise the bureau department of their 
proposed administrative fiscal and legislative activities relating to this Part. 
State agencies, in the implementation of their activities relating to this Part, shall keep 
the bureau department fully informed of their progress. 
Sec. BB-8. 22 MRSA §5105, as amended by PL 2007, c. 539, Pt. N, §39, is 
repealed. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "Au to S.P. 600, L.D. 1746 
Sec. BB-9. 22 MRS A §5106, as amended by PL 2011, c. 542, Pt. A, §§39 and 40, 
is further amended to read: 
§5106. Powers and duties 
The bm=eaH department shall establish, in accordance with the purposes and intent of 
this Part, with the advice of the committee afld subject to the directiofl of the 
commissiofler, the overall planning, policy, objectives and priorities for all functions and 
activities conducted or supported in the State wfl.i€.h that relate to Maine's aging 
population and incapacitated and dependent adults. In order to carry out the above, the 
bureau shall have department has the power and duty to: 
1. Encourage and assist development. Encourage and assist development of more 
coordinated use of existing and new resources and services relating to Maine's aging 
population and incapacitated and dependent adults; 
2. Information system. Develop and maintain an up-to-date information system 
related to Maine's aging population and incapacitated and dependent adults. 
The 
information shall must be available for use by the people of Maine, the political 
subdivisions, public and private nonprofit agencies and the State. Educational materials 
shall must be prepared, published and disseminated. Objective devices and research 
methodologies shall must be continuously developed. Maintaining statistical information 
through uniform methods wfl.i€.h that are reasonably feasible and economically efficient 
shall must be specified for use by public and private agencies, organizations and 
individuals. 
Existing sources of information shall must be used to the fullest extent 
possible, while maintaining confidentiality safeguards of state and federal law. 
Information may be requested and shall be received from any State Governmeflt state 
government or public or private agency. 
To the extent reasonable and feasible, 
information shall must maintain compatibility with federal information sharing standards. 
Functions of this information system shall include, but are not be limited to: 
A. Conducting research on the causes and nature of problems relating to Maine's 
aging population and incapacitated and dependent adults; 
B. Collecting, maintaining and disseminating such knowledge, data and statistics 
related to Maine's aging population and incapacitated and dependent adults as will 
enable the bm=eaH department to fulfill its responsibilities; 
C. Determining through a detailed survey the extent of problems relating to Maine's 
aging population and incapacitated and dependent adults and the needs and priorities 
for solving such problems in the state and political subdivisions; 
D. Maintaining an inventory of the types and quantity of facilities, programs and 
services operated under public or private auspices for Maine's aging population and 
incapacitated and dependent adults. This function shall must include-!-+he the 
unduplicated count, location and characteristics of people served by each facility, 
program or service; and the amount, type and source of resources supporting 
functions related to Maine's aging population and incapacitated and dependent adults; 
and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
E. Conducting a continuous evaluation of the impact, quality and value of facilities, 
programs and services, including their administrative adequacy and capacity. 
Activities operated by or with the assistance of the State and the Federal 
Governments Government must be evaluated. Activities to be included, but to which 
the bmeim department is not limited, are those relating to education, employment and 
vocational services, income, health, housing, transportation, community, social, 
rehabilitation, protective services and public guardianship or conservatorship for 
older people and incapacitated and dependent adults and programs such as the 
supplemental security income program, Medicare, Medicaid, property tax refunds 
and the setting of standards for the licensing of nursing, intermediate care and 
boarding homes. Included are activities as authorized by this and so much of the 
several Acts and amendments to them enacted by the people of the State and those 
authorized by United States Acts and amendments to them such as the: 
(1) Elderly Householders Tax and Rent Refund Act of 1971 ; 
(2) Priority Social Services Act of 1973; 
(3) Chapter 470 of the public laws of 1969 creating the State Housing Authority; 
(4) United States Social Security Act of 1935; 
(5) United States Housing Act of 1937; 
(6) United States Older Americans Act of 1965; 
(7) United States Age Discrimination Act of 1967; 
(8) Home Based Care Act of 1981; 
(9) Congregate Housing Act of 1979; 
(10) Adult Day Care Services Act of 1983; 
(11) Adult Day Care Licensing Act of 1987; 
(12) Adult Protective Services Act of 1981; 
(13) The Uniform Probate Code, Title 18-A; 
(14) The Americans with Disabilities Act of 1990; 
(15) The Developmental Disabilities Assistance and Bill of Rights Act of 2000; 
and 
(16) The ADA Amendments Act of2008; 
3. Coordination of efforts. Assist, with the advice of the committee, the Legislative 
and Executive Branches of State Government, especially the Governor, Commissioner of 
Health and Human Services and the Bureau of the Budget, to coordinate all State 
Government efforts relating to Maine's aging population and incapacitated and dependent 
adults, by: 
A. Submitting to each branch of State Government no later than September 1st of 
each year an annual report covering its activities for the immediately past fiscal year 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
and future plans, including recommendations for changes in state and federal laws, 
and including reports of the committee; 
B. 
Reviewing all proposed legislation, fiscal activities, plans, policies and other 
administrative functions relating to Maine's aging population and incapacitated and 
dependent adults made by or requested of all state agencies. The bureau shall have 
department has the authority to submit to those bodies findings, comments and 
recommendations, which shall be are advisory. Such findings and comments shall 
must recommend what modification in proposals or actions shall be taken is required 
to make proposed legislation, fiscal activities and administrative activities consistent 
with such policies and priorities; and 
C. Making recommendations to the respective branches of State Government related 
to improving the quality of life of Maine's aging population and incapacitated and 
dependent adults~ and shall consult with and be consulted by all responsible state 
agencies regarding the policies, priorities and objectives of functions related to 
Maine's aging population and incapacitated and dependent adults; 
4. Comprehensive state plan. Prepare and administer a comprehensive state plan 
relating to Maine's aging population and incapacitated and dependent adults, developed 
by the bureau with the advice of the committee and department subject to the direction of 
the commissioner. The comprehensive state plan shall must be implemented for the 
purpose of coordinating all activities and of assuring compliance with applicable state and 
federal laws and regulations relating to Maine's aging population and incapacitated and 
dependent adults. Implementation of this duty shall mean means that the bureau shall 
have department has the authority, through a review process, to advise on the preparation 
and administration of any portion of any state plan relating to Maine's aging popUlation 
and incapacitated and dependent adults, prepared and administered by any agency of 
State Government for submission to the Federal Government to obtain federal funding 
under federal legislation. Such state plans, or portions thereof, shall must include, but are 
not be limited to, all state plans dealing with education, employment and vocational 
services, income, health, housing, protective services, public guardianship and 
conservatorship, rehabilitation, social services, transportation and welfare. The bureau 
department shall advise the commissioner and Governor on preparation of and provisions 
to be included in such plans relating to Maine's aging population and incapacitated and 
dependent adults; 
5. Programs. Plan, establish and maintain necessary or desirable programs for 
individuals or groups of individuals. The bureau department may use the full range of its 
powers and duties to serve Maine's aging population and incapacitated and dependent 
adults through indirect services provided by agreement and through direct services 
provided by state employees; 
6. Organizational unit. Function as the organizational unit of State Government 
with sole responsibility for conducting and coordinating, '.vith the advice of the 
committee and subject to the direction of the commissioner, programs authorized by this 
Part and so much of the several Acts, amendments and successors to them enacted by the 
people of the State and those authorized by the United States Acts, amendments and 
successors to them as relate to Maine's aging population and incapacitated and dependent 
adults: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "An to S.P. 600, L.D. 1746 
A. The 1973 Act of Maine's Elderly; 
B. The Priority Social Service Act of 1973, including only meals for older people, 
transportation for older people and coordinated elderly programs; 
C. The United States Older Americans Act of 1965; and 
D. Adult Protective Services Act of 1981. 
The ffiH:etm department is designated as the single agency of State Government solely 
responsible for administering, subject to the direction of the commissioner, any state 
plans as may be required by the above Acts, and for administering programs of Acts of 
the State or United States relating to Maine's aging population and incapacitated and 
dependent adults wfti:eh that are not the specific responsibility of another state agency 
under state or federal law; 
7. 
Mobilize resources. 
Help communities mobilize their resources to benefit 
Maine's aging population and incapacitated and dependent adults. The ffiH:etm department 
shall provide or coordinate the provision of information, technical assistance and 
consultation to state, regional and local governments, and to public and private nonprofit 
agencies, institutions, organizations and individuals. The help shall be is for the purpose 
of encouraging, developing and assisting with the initiation, establishment and 
administration of any plans, programs or services with a view to the establishment of a 
statewide network of comprehensive, coordinated services and opportunities for Maine's 
aging population and incapacitated and dependent adults. 
Included in this duty is 
authority to coordinate the efforts and enlist the assistance of all public and private 
agencies, organizations and individuals interested in Maine's aging population and 
incapacitated and dependent adults; 
8. Funds. Seek and receive funds from the Federal Government and private sources 
to further its activities. Included in this function is authority to solicit, accept, administer, 
disburse and coordinate for the State in accordance with the intent, objectives and 
purposes of this Part; and within any limitation wfti:eh that may apply from the sources of 
such funds, the efforts to obtain and the use of any funds from any source to benefit 
Maine's aging popUlation and incapacitated and dependent adults. Any gift of money or 
property made by will or otherwise, and any grant or other funds appropriated, services or 
property available from the Federal Government, the State or any political subdivision 
thereof and from all other sources, public or private, may be accepted and administered. 
The ffiH:etm department may do all things necessary to cooperate with the Federal 
Government or any of its agencies in making application for any funds. Included in this 
duty is authority to advise regarding the disbursement of all state funds, or funds 
administered through agencies of State Government, appropriated or made available to 
benefit Maine's aging population and incapacitated and dependent adults; 
9. Agreements. Enter into agreements necessary or incidental to the performance of 
its duties. Included is the power to make agreements with qualified community, regional 
and state level, private nonprofit and public agencies, organizations and individuals in 
this and other states to develop or provide facilities, programs and services for Maine's 
aging population and incapacitated and dependent adults. 
Agreements with such 
agencies, organizations and individuals shall may be executed only with agencies 
reviewed by the committee pursuant to section 5112, subsection 4, and the area agency 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
pursuant to section 5116, subsection 1, paragraph B. The btH=eatt department may engage 
expert advisors and assistants, who may serve without compensation or may be 
compensated to the extent funds may be available by appropriation, grant or allocation 
from a state department. The 00reaH department may pay for such expert advisors or 
assistants; 
10. Rules. Prepare, adopt, amend, rescind and administer, with the advice of the 
committee and subject to the direction of the commissioner, policies, priorities, 
procedures, and rules and regulations to govern its affairs and the development and 
operation of facilities, programs and services. The 00reaH department may adopt rules to 
carry out the powers and duties pursuant to this Part and in accordance with the purpose 
and objectives of this Part. It shall especially adopt such rules and regulations as may be 
necessary to define contractual terms, conditions of agreements and all other rules as are 
necessary for the proper administration of this Part. Such adoption, amendment and 
rescission shall must be made as provided under the Maine Administrative Procedure 
Act, Title 5, chapter 375; 
11. Educational program. Develop and implement, as an integral part of programs, 
an educational program. Assist; assist in the development of, and cooperation with, 
educational programs for employees of state and local governments and businesses and 
industries in the State. Convene; and convene and conduct conferences of public and 
private nonprofit organizations concerned with the development and operation of 
programs for Maine's aging population and incapacitated and dependent adults. Included 
shall be i§. the power to sponsor in cooperation with the committee the Blaine House 
Conference on Aging; 
11-A. Elderly Legal Services Program. Support and maintain an Elderly Legal 
Services Program, by agreement with such nonprofit organization as the 00reaH 
department finds best able to provide direct services to those of Maine's elderly in 
greatest economic and social need throughout the State; 
11-B. Adult protective services. Administer a program of protective services as 
provided in chapter 958-A designed to protect incapacitated and dependent adults from 
abuse, neglect, exploitation and physical danger. The program is described in the Adult 
Protective Services Act; 
ll-C. Long-term care ombudsman program. Support and maintain a long-term 
care ombudsman program, in accordance with the federal 1987 Older Americans Act, 42 
United States Code, as amended, by agreement with such nonprofit organization as the 
00reaH department finds best able to provide the services; 
12. Training programs. Foster, develop, organize, conduct or provide for the 
conduct of training programs for persons in the field of serving Maine's aging popUlation 
and incapacitated and dependent adults; 
13. Coordinate activities. Coordinate activities and cooperate with programs in this 
and other states for the common advancement of programs for Maine's aging popUlation 
and incapacitated and dependent adults; and 
14. Establish and maintain an office. Establish and maintain an office: and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
15. 
Duties. 
Do such other acts and exercise such other powers necessary or 
convenient to execute and carry out the purposes and authority expressly granted in this 
Part. 
Sec. BB-IO. 22 MRS A §5304, sub-§3, as amended by PL 1989, c. 329, §19 and 
PL 2003, c. 689, Pt. B, §6, is repealed. 
Sec. BB-ll. 22 MRSA §5304, sub-§9, as amended by PL 1989, c. 329, §20 and 
PL 2003, c. 689, Pt. B, §6, is repealed. 
Sec. BB-12. 22 MRS A §6108, as amended by PL 1989, c. 329, §2I and PL 2003, 
c. 689, Pt. B, §6, is further amended to read: 
§6108. Administration of priority social services for Maine's elderly 
The Bureau of Elder and Adult Services, Department of Health and Human Services 
or its successors, is designated as the organizational unit of State Government with sole 
responsibility for administrating, with the advice of the Maine Committee on Aging, and 
subject to the direction of the commissioner, so much of the Priority Social Services 
Program as relates directly to older people, such as, but not limited to, these types of 
social services: Meals meals for older people, transportation for older people and health 
and home care needs for the elderly. 
Regarding priority social services for older people, the Bureau of Elder and Adult 
Services shall have department has the powers and duty to: 
1. 
Administer priority social services. 
Administer priority social services in 
accordance with the intent, obj ectives and purposes of this Part and shall have has, in any 
respects that relate to these priority social services, the powers and duties set forth in 
section 5310; and 
2. Action to ensure consistency of priority social services. Prepare, adopt, amend, 
rescind and administer, with the advice of the Maine Committee on Aging, policies, 
priorities, procedures, and rules and regulations. The Bureau of Elder and Adult Services 
department and the Department of Administrative and Financial Services, Bureau of 
Human Resources, respectively, shall take, pertaining to their own policies, priorities, 
procedures, and rules and regulations, such action as is necessary to insure ensure that 
such items pertinent to priority social services are consistent. 
Sec. BB-13. 22 MRSA §6202, sub-§5, as amended by PL 1989, c. 347, §5 and c. 
878, Pt. B, § 19; and PL 2003, c. 689, Pt. B, §6, is repealed. 
Sec. BB-14. 22 MRSA §7861, first ~, as enacted by PL 2001, c. 596, Pt. A, §1 
and affected by Pt. B, §25 and amended by PL 2003, c. 689, Pt. B, §6, is further amended 
to read: 
The Department of Health and Human Services, Bureau of Elder and Adult Services, 
with advice from the Maine State Housing Authority, the Rural Housing Services or any 
other housing agency financing assisted housing programs, shall administer state-funded 
assisted housing programs. Administration must include, but is not limited to: 
Sec. BB-15. 36 MRSA §6220, as amended by PL 1997, c. 668, §40, is further 
amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "Au to S.P. 600, L.D. 1746 
§6220. Coordination required 
The bureau shall seek the advice and cooperation of the Bureau of Elder and Adult 
Department of Health and Human Services; tHe Bureau of Family Independence; tHe 
Bureau of CHild and Family SeFlices; advocates for elderly and low-income individuals; 
and other interested agencies and organizations in developing the application form and 
instruction booklet for the Maine Residents Property Tax Program and the outreach plan 
required by section 6219. 
Sec. BB-16. 38 MRS A §1652, sub-§3, as amended by PL 1989, c. 878, Pt. B, 
§43, is further amended to read: 
3. 
Meals on wheels. 
A food service funded in whole or in part, directly or 
indirectly, by the Bureau of Elder and Adult Department of Health and Human Services 
to provide meals at dispersed locations from central kitchen facilities is exempt. 
Sec. BB-17. Maine Revised Statutes headnote amended; revision clause. 
In the Maine Revised Statutes, Title 22, chapter 1453, in the chapter headnote, the words 
"bureau of elder and adult services" are amended to read "elder and adult services" and 
the Revisor of Statutes shall implement this revision when updating, publishing or 
republishing the statutes. 
PARTCC 
Sec. CC-l. 34-B MRSA §5439, sub-§l, 'C, as reallocated by PL 2007, c. 695, 
Pt. A, §41, is repealed. 
Sec. CC-2. 34-B MRSA §5439, sub-§§2 to 4, as reallocated by PL 2007, c. 695, 
Pt. A, §41, are amended to read: 
2. Program administration. The effiee commissioner shall administer the program 
under this section. Within available funds, the effiee commissioner shall ensure that 
services are delivered in the most comprehensive manner possible and shall strive to 
maximize the participation of adults with disabilities. 
3. Eligibility. An applicant is eligible for personal care assistance services under the 
program if the effiee commissioner or its the commissioner's designee determines that the 
person is an adult who: 
A. Has a severe disability; 
B. Needs personal care assistance services or an attendant at night or both to prevent 
or remove the adult from inappropriate placement in an institutional setting; and 
C. Has no or insufficient personal income or other support from public services, 
family members or neighbors. 
4. Consumer cost sharing. The effiee commissioner shall establish a sliding scale 
for consumer cost sharing for services provided under the program. The sliding scale 
must be based on the net income of the consumer, factoring in the expenses associated 
with the consumer's disability, and may take assets into consideration. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
Sec. CC-3. 34-B MRSA §5439, sub-§5, ~, as reallocated by PL 2007, c. 695, 
Pt. A, §41, is amended to read: 
B. For each applicant or consumer evaluated by an evaluation team, the team shall 
assist the effi€e department to: 
(1) Determine the eligibility of the applicant or consumer for services under the 
program; 
(2) 
Determine the capability of the applicant or consumer, at the time of 
evaluation or after skills training provided pursuant to subsection 6, to hire and 
direct a personal care assistant; and 
(3) Reevaluate the applicant or consumer periodically to determine continuing 
need for the services. 
Sec. CC-4. 34-B MRSA §19001, sub-§§l and 3, as enacted by PL 2007, c. 
239, §2, are amended to read: 
1. Council established. The Acquired Brain Injury Advisory Council, referred to in 
this section as "the council," is established to provide independent oversight and advice 
and to make recommendations to the commissioner, the Director of the Office of 1\d1:l1ts 
with Cognitive and Physical Disability Services within the department, the Director of the 
Maine Center for Disease Control and Prevention "vithin the department and the Director 
of the Office of MaineCare Services within the department. 
3. Administrative support. The manager of brain inj1:lry services in the Office of 
Ad1:l1ts with Cognitive and Physical Disability Services within the department shall 
provide administrative support to the council. 
PARTDD 
Sec. DD-l. 34-B MRSA §3861, sub-§3, ~B, as enacted by PL 2007, c. 580, §2, 
is amended to read: 
B. The provisions of this paragraph apply to the appointment, duties and procedures 
of the clinical review panel under paragraph A. 
(I) Within one business day of receiving a request under paragraph A, the 
superintendent of a state mental health institute or chief administrative officer of 
a designated nonstate mental health institution or that person's designee shall 
appoint a clinical review panel of 2 or more licensed professional staff who do 
not provide direct care to the patient. At least one person must be a professional 
licensed to prescribe medication relevant to the patient's care and treatment. At 
the time of appointment of the clinical review panel, the superintendent of a state 
mental health institute or chief administrative officer of a designated nonstate 
mental health institution or that person's designee shall notify the following 
persons in writing that the clinical review panel will be convened: 
(a) The primary treating physician; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "AU to S.P. 600, L.D. 1746 
(b) The director of the Office of Adult Mental Health Services within the 
dsnartment or that Berson's commissioner or the commissioner's designee; 
(c) The patient's designated representative or attorney, if any; 
(d) The State's designated federal protection and advocacy agency; and 
(e) The patient. Notice to the patient must inform the patient that the clinical 
review panel will be convened and of the right to assistance from a lay 
advisor, at no expense to the patient, and the right to obtain an attorney at the 
patient's expense. The notice must include contact information for requesting 
assistance from a lay advisor, who may be employed by the institute or 
institution, and access to a telephone to contact a lay advisor must be 
provided to the patient. 
(2) Within 4 days of receiving a request under paragraph A and no less than 24 
hours before the meeting of the clinical review panel, the superintendent of a 
state mental health institute or chief administrative officer of a designated 
nons tate mental health institution or that person's designee shall provide notice of 
the date, time and location of the meeting to the patient's primary treating 
physician, the patient and any lay advisor or attorney. 
(3) The clinical review panel shall hold the meeting and any additional meetings 
as necessary, reach a final determination and render a written decision ordering 
or denying involuntary treatment. 
(a) 
At the meeting, the clinical review panel shall receive information 
relevant to the determination of the patient's capacity to give informed 
consent to treatment and the need for treatment, review relevant portions of 
the patient's medical records, consult with the physician requesting the 
treatment, review with the patient that patient's reasons for refusing 
treatment, provide the patient and any lay advisor or attorney an opportunity 
to ask questions of anyone presenting information to the clinical review panel 
at the meeting and determine whether the requirements for ordering 
involuntary treatment have been met. 
(b) All meetings of the clinical review panel must be open to the patient and 
any lay advisor or attorney, except that any meetings held for the purposes of 
deliberating, making findings and reaching final conclusions are confidential 
and not open to the patient and any lay advisor or attorney. 
(c) The clinical review panel shall conduct its review in a manner that is 
consistent with the patient's rights. 
(d) Involuntary treatment may not be approved and ordered if the patient 
affirmatively demonstrates to the clinical review panel that if that patient 
possessed capacity, the patient would have refused the treatment on religious 
grounds or on the basis of other previously expressed convictions or beliefs. 
(4) The clinical review panel may approve a request for involuntary treatment 
and order the treatment if the clinical review panel finds, at a minimum: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "Au to S.P. 600, L.D. 1746 
(a) 
That the patient lacks the capacity to make an informed decision 
regarding treatment; 
(b) That the patient is unable or unwilling to comply with the proposed 
treatment; 
(C) That the need for the treatment outweighs the risks and side effects; and 
(d) That the proposed treatment is the least intrusive appropriate treatment 
option. 
(5) The clinical review panel may make additional findings, including but not 
limited to findings that: 
(a) Failure to treat the illness is likely to produce lasting or irreparable harm 
to the patient; or 
(b) 
Without the proposed treatment the patient's illness or involuntary 
commitment may be significantly extended without addressing the symptoms 
that cause the patient to pose a likelihood of serious harm. 
(6) 
The clinical review panel shall document its findings and conclusions, 
including whether the potential benefits of the proposed treatment outweigh the 
potential risks. 
Sec. DD-2. 34-B MRS A §3861, sub-§3, ,n, as enacted by PL 2007, c. 580, §2, 
is amended to read: 
D. 
If the clinical review panel under paragraph A approves the request for 
involuntary treatment, the clinical review panel shall enter an order for the treatment 
in the patient's medical records and immediately notifY the superintendent of a state 
mental health institute or chief administrative officer of a designated nonstate mental 
health institution. The order takes effect: 
(1) For a patient at a state mental health institute, one business day from the date 
of entry of the order; or 
(2) For a patient at a designated nonstate mental health institution, one business 
day from the date of entry of the order, except that if the patient has requested 
review of the order by the direotor of the Offioe of Adult Mental Health Servioes 
within the department commissioner under paragraph F, subparagraph (2), the 
order takes effect one business day from the day on which the director 
commissioner or the commissioner's designee issues a written decision. 
Sec. DD-3. 34-B MRS A §3861, sub-§3, VE, as enacted by PL 2007, c. 580, §2, 
is amended to read: 
E. The order for treatment under this subsection remains in effect for 120 days or 
until the end of the period of commitment, whichever is sooner, unless altered by: 
(1) An agreement to a different course of treatment by the primary treating 
physician and patient; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "N' to S.P. 600, L.D. 1746 
(2) For a patient at a designated nonstate mental health institution, modification 
or vacation of the order by the direotor of the Offioe of Adult Mental Health 
Servioes within the deoartment commissioner or the commissioner's designee; or 
(3) 
An alteration or stay of the order entered by the Superior Court after 
reviewing the entry of the order by the clinical review panel on appeal under 
paragraph F. 
Sec. DD-4. 34-B MRSA §3861, sub-§3, ~, as enacted by PL 2007, c. 580, §2, 
is amended to read: 
F. The provisions of this paragraph apply to the review and appeal of an order of the 
clinical review panel entered under paragraph B. 
(1) The order of the clinical review panel at a state mental health institute is final 
agency action that may be appealed to the Superior Court in accordance with 
Rule 80C of the Maine Rules of Civil Procedure. 
(2) The order of the clinical review panel at a designated nons tate mental health 
institution may be reviewed by the director of the Offioe of l\dult Mental Health 
Services within the department or the designee of the director commissioner or 
the commissioner's designee upon receipt of a written request from the patient 
submitted no later than one day after the patient receives the order of the clinical 
review panel. Within 3 business days of receipt of the request for review, the 
director or commissioner or the commissioner's designee shall review the full 
clinical review panel record and issue a written decision. The decision of the 
director or commissioner or the commissioner's designee may affirm the order, 
modify the order or vacate the order. 
The decision of the director or 
commissioner or the commissioner's designee takes effect one business day after 
the director or commissioner or the commissioner's designee issues a written 
decision. The decision of the director or commissioner or the commissioner's 
designee is final agency action that may be appealed to the Superior Court in 
accordance with Rule 80C of the Maine Rules of Civil Procedure. 
PARTEE 
Sec. EE-l. 22 MRS A §7924, sub-§l, as amended by PL 2009, c. 1, Pt. S, §1, is 
further amended to read: 
1. Alleged violations reported and investigated. Any person who believes that any 
of those rules governing the licensure of long-term care facilities or the operation of 
assisted living programs and services authorized pursuant to section 7853 adopted by the 
department pertaining to residents' rights and conduct of resident care has been violated 
may report the alleged violation to the protection and advocacy agency designated 
pursuant to Title 5, section ~ 
19502; the long-term care ombudsman pursuant to 
section 5106, subsection 11-C and section 5107-A; the Offioe of Advocacy plH'suant to 
Title 34 B, section 5005; and any other agency or person whom the commissioner may 
designate. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
Sec. EE-2. 34-B MRSA §1223, sub-§9, ~F, as enacted by PL 2007, c. 356, §7 
and affected by c. 695, Pt. D, §3, is amended to read: 
F. The board may refer individual cases that require investigation or action to the 
Office of Adults with Cognitive and Physical Disability Services or the Office of 
Advocacy vii thin the department, the protection and advocacy agency designated 
pursuant to Title 5, section 19502 or other appropriate agency. 
Sec. EE-3. 34-B MRSA §1223, sub-§10, ~, as amended by PL 2011, c. 542, 
Pt. A, §68, is further amended to read: 
B. The chief advocate and the manager of adult protective services in the Office of 
Adults 'Nith Cognitive and Physical Disability Services within advocacy agency 
designated pursuant to Title 5, section 19502, or the department, when requested by 
the board or pursuant to a written agreement with the board, shall release to the board 
information pertaining to alleged abuse, exploitation or neglect or alleged 
dehumanizing practice or violation of rights of a person with intellectual disabilities 
or autism. The board shall maintain the confidentiality of information disclosed to it 
or discovered by it as required by section 1207. 
Sec. EE-4. 34-B MRSA §5005, as amended by PL 2011, c. 542, Pt. A, §§85 to 
90, is repealed. 
Sec. EE-S. 34-B MRSA §SOOS-A is enacted to read: 
§5005-A. Advocacy agency 
1. Agency. The department shall contract with the agency designated pursuant to 
Title 5, section 19502, referred to in this section as "the agency," to provide the services 
described in subsection 2 to individuals with intellectual disabilities or autism. 
2. Duties. The department shall contract with the agency to: 
A. 
Receive complaints made by or on behalf of individuals with intellectual 
disabilities or autism and represent their interests in any matter pertaining to their 
rights and dignity; 
B. Investigate the claims, grievances and allegations of violations of the rights of 
individuals with intellectual disabilities or autism; 
C. Intercede on behalf of individuals with intellectual disabilities or autism with 
officials of any provider of service administered, licensed or funded by the 
department, except that the agency may refuse to take action on any complaint that it 
considers to be trivial or moot or for which there is clearly another remedy available; 
D. 
Assist individuals with intellectual disabilities or autism in any hearing or 
grievance proceeding pertaining to their rights and dignity; 
E. 
Refer individuals with intellectual disabilities or autism to other agencies or 
entities and collaborate with those agencies or entities for the purpose of advocating 
for the rights and dignity of those individuals; 
F. 
Act as an infonnation source regarding the rights of all individuals with 
intellectual disabilities or autism, keeping itself informed about all laws, 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
administrative rules and institutional and other policies relating to the rights and 
dignity of those individuals and about relevant legal decisions and other 
developments related to the fields of mental health, intellectual disabilities and 
autism, both in this State and in other parts of the country; and 
G. Make and publish reports necessary to the performance of the duties described in 
this section. The agency may report its findings to groups outside the department, 
such as legislative bodies, advisory committees, commissions, law enforcement 
agencies and the press. At least annually, the agency shall report both in person and 
in writing to the joint standing committee of the Legislature having jurisdiction over 
health and human services matters regarding the performance of the duties described 
in this section. 
3. Participate in personal planning. The agency may participate in personal 
planning when the agency has concerns regarding the rights or dignity of a person with 
intellectual disabilities or autism. A person has the right to refuse such participation. 
4. Access to files and records. The agency has access, limited only by the civil 
service law, to the files, records and personnel of any provider of services administered, 
licensed or funded by the department and to all reports and related documents submitted 
pursuant to section 5604-A. 
5. Confidentiality. Requests for confidentiality are treated as follows. 
A. 
Any request by or on behalf of an individual with intellectual disabilities or 
autism for action by the agency and all written records or accounts related to the 
request are confidential as to the identity of the individual. 
B. The records and accounts under paragraph A may be released only as provided by 
law. 
Sec. EE-6. 34-B MRSA §5470-B, sub-§7, ~, as enacted by PL 2007, c. 356, 
§ 21 and affected by § 31, is amended to read: 
B. 
The department shall provide the Office of Advocacy advocacy agency 
designated pursuant to Title 5, section 19502 with sufficient advance notice of all 
scheduled personal planning meetings to permit the ef:fiee advocacy agency to 
determine if the attendance or participation of an advocate in the planning process is 
appropriate pursuant to the duties and responsibilities of the ef:fiee advocacy agency. 
Sec. EE-7. 34-B MRSA §5604, sub-§3, ~A, as amended by PL 2011, c. 542, Pt. 
A, § 127, is further amended to read: 
A. The department shall provide easily accessible and regular notice of the grievance 
process to persons with intellectual disabilities or autism served by the department. 
This notice must be included in informational materials provided to such persons, as 
well as to guardians, families, correspondents and allies. Notice of the right to appeal 
must be prominently displayed in regional offices and on the department's publicly 
accessible website and must be readily available from provider agencies. Notice of 
the right to appeal must be included in all substantive correspondence regarding 
personal planning. Written notice of the right to appeal must also be provided when 
there is a denial or reduction of services or supports to persons served by the 
department. All notices and information regarding the grievance process must be 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
written in language that is plain and understandable and must include the address and 
telephone number of the Offioe of l\dyooaoy and the protection and advocacy agency 
designated pursuant to Title 5, section 19502. 
Sec. EE-8. 34-B MRSA §5604-A, sub-§3, as amended by PL 2011, c. 542, Pt. 
A, § 128, is further amended to read: 
3. Violation. All persons with knowledge of an alleged violation of the rights of an 
individual with an intellectual disability or autism as set out in section 5605 shall 
promptly report the details of the alleged violation to the Office of Advocacy advocacy 
agency designated pursuant to Title 5, section 19502 as set forth in department rules. 
Sec. EE-9. 34-B MRSA §560S, sub-§13, ~, as amended by PL 2011, c. 186, 
Pt. A, §27, is further amended to read: 
B. Behavior modification and behavior management programs may be used only to 
correct behavior more harmful to the person than the program and only: 
(1) On the recommendation of the person's personal planning team; 
(2) For an adult 18 years of age or older, with the approval, following a case-by-
case review, of a review team composed of an advocate a representative from the 
Offioe of Advooaoy; a representative designated by tae Offioe of Adults wita 
Cognitive and Physioal Disability Servioes; department, a representative from the 
advocacy agency designated pursuant to Title 5, section 19502 and a 
representative designated by the Maine Developmental Services Oversight and 
Advisory Board; and 
(3) For a child under 18 years of age, with the approval, following a case-by-
case review, of a review team composed of an adyooate a representative from the 
Offioe of Adyooaoy advocacy agency designated pursuant to Title 5, section 
19502, a team leader of the department's children's services division and the 
children's services medical director or the director's designee. Until rules are 
adopted by the department to govern behavioral treatment reviews for children, 
the team may not approve techniques any more aversive or intrusive than are 
permitted in rules adopted by the Secretary of the United States Department of 
Health and Human Services regarding treatment of children and youth in 
nonmedical community-based facilities funded under the Medicaid program. 
Sec. EE-IO. 34-B MRSA §S60S, sub-§14-A, as amended by PL 2011, c. 542, 
Pt. A, § 129, is further amended to read: 
14-A. Restraints. A person with an intellectual disability or autism is entitled to be 
free from restraint unless: 
A. The restraint is a short-term step to protect the person from imminent injury to 
that person or others; or 
B. 
The restraint has been approved as a behavior management program in 
accordance with this section. 
A restraint may not be used as punishment, for the convenience of the staff or as a 
substitute for habilitative services. 
A restraint may impose only the least possible 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
restriction consistent with its purpose and must be removed as soon as the threat of 
imminent injury ends. A restraint may not cause physical injury to the person receiving 
services and must be designed to allow the greatest possible comfort and safety. 
Daily records of the use of restraints identified in paragraph A must be kept, which may 
be accomplished by meeting reportable event requirements. 
Daily records of the use of restraints identified in paragraph B must be kept, and a 
summary of the daily records pertaining to the person must be made available for review 
by the person's planning team, as defined in section 5461, subsection 8-C, on a schedule 
determined by the team. The review by the personal planning team may occur no less 
frequently than quarterly. The summary of the daily records must state the type of 
restraint used, the duration of the use and the reasons for the use. A monthly summary of 
all daily records pertaining to all persons must be relayed to the Office of AdvOCFlCV 
advocacy agency designated pursuant to Title 5, section 19502. 
Sec. EE-l1. 34-B MRS A §5606, sub-§l, as amended by PL 2007, c. 356, §26 
and affected by §31, is further amended to read: 
1. Report and investigation. Any alleged violation of the rights of a person 
receiving services must be reported immediately to the Office of Advocacy within the 
department advocacy agency designated pursuant to Title 5, section 19502, referred to in 
this subsection as "the agency," and to the Attorney General's office. 
A. The Office of Advocacy agency shall conduct an investigation of each alleged 
violation pursuant to section ~ 
5005-A. 
B. The Office of Advocacy agency shall submit a written report of the findings and 
results of the investigation to the chief administrative officer of the facility in which 
the rights of the person receiving services were allegedly violated and to the 
commissioner within 2 working days after the day of the occurrence or discovery of 
the alleged incident. 
Sec. EE-12. 34-B MRS A §5608, sub-§2, as amended by PL 2011, c. 186, Pt. A, 
§36, is further amended to read: 
2. Duties. The residential council shall work closely with the Office of Adults with 
COg£iti-.,'e and Physical Disability Services department and the Office of Advocacy 
advocacy agency designated pursuant to Title 5, section 19502 to promote the interests 
and welfare of all persons receiving services from the provider. 
PARTFF 
Sec. FF-l. Restructuring. The Commissioner of Health and Human Services 
shall review the current organizational structure, systems and operations of the 
Department of Health and Human Services and restructure the department in order to 
achieve the provisions of this Act. Notwithstanding any other provision oflaw, the State 
Budget Officer shall transfer positions, appropriations and allocations between accounts 
and line categories by financial order upon approval of the Governor in order to achieve 
the provisions of this Act. Transfers by the State Budget Officer made prior to September 
1, 2012 are considered adjustments to authorized position count, appropriations and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
allocations in fiscal year 20l2-l3. On or before December 1, 2012, the commissioner 
and the State Budget Officer shall provide the joint standing committees of the 
Legislature having jurisdiction over health and human services matters and appropriations 
and financial affairs a report outlining the progress towards the new organizational 
structure and any transferred amounts. On or before June 30, 20l3, the commissioner and 
the State Budget Officer shall provide the joint standing committees of the Legislature 
having jurisdiction over health and human services matters and appropriations and 
financial affairs a report updating the progress towards the new organizational structure 
and any transferred amounts made subsequent to the December 1,2012 report. 
PARTGG 
Sec. GG-1. Medicaid state plan amendment for individuals who are 19 or 
years of age. The Department of Health and Human Services shall prepare and 
submit a Medicaid state plan amendment to the federal Centers for Medicare and 
Medicaid Services that, effective October 1, 2012, eliminates Medicaid coverage for 
individuals who are 19 or 20 years of age, who have incomes less than or equal to 150% 
of the nonfarm income official poverty line as defined by the federal Office of 
Management and Budget, who do not live with a dependent child and who are not 
otherwise eligible for Medicaid. 
Sec. GG-2. Contingent effective date. This Part takes effect only if: 
1. The Commissioner of Health and Human Services receives written approval of the 
application for a waiver of the maintenance of effort requirements of the federal Patient 
Protection and Affordable Care Act for the changes in section 1 from the federal Centers 
for Medicare and Medicaid Services or the commissioner receives written notification 
from the federal Centers for Medicare and Medicaid Services that such a waiver is not 
necessary; and 
2. The Commissioner of Health and Human Services notifies the Secretary of State, 
the Secretary of the Senate, the Clerk of the House of Representatives and the Revisor of 
Statutes that written approval of the application for a waiver or written notification that 
such a waiver is not necessary has been received. 
PARTHH 
Sec. HH-l. 22 MRSA §254-D, suh-§4, ~, as enacted by PL 2005, c. 401, Pt. 
A, §2, is amended to read: 
D. 
Income eligibility of individuals must be determined by this paragraph and by 
reference to the federal poverty guidelines for the 48 contiguous states and the 
District of Columbia, as defined by the federal Office of Management and Budget 
and revised annually in accordance with the United States Omnibus Budget 
Reconciliation Act of 1981, Section 673, Subsection 2, Public Law 97-35, 
reauthorized by Public Law 105-285, Section 201 (1998). If the household income is 
not more than ~ 
175% of the federal poverty guideline applicable to the 
household, the individual is eligible for the basic program and the supplemental 
program. Individuals are also eligible for the basic and the supplemental program if 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
the household spends at least 40% of its income on unreimbursed direct medical 
expenses for prescription drugs and medications and the household income is not 
more than 25% higher than the levels specified in this paragraph. For the purposes of 
this paragraph, the cost of drugs provided to a household under this section is 
considered a cost incurred by the household for eligibility determination purposes. 
Sec. HH-2. Medicaid state plan amendment for the Medicare savings 
program. The Department of Health and Human Services shall prepare and submit a 
Medicaid state plan amendment to the federal Centers for Medicare and Medicaid 
Services that, effective October 1, 2012, effectively reduces income eligibility levels for 
the Medicare savings program as follows: for the Qualified Medicare Beneficiary 
program, to income not more than 140% of the federal poverty level; for the Specified 
Low-Income Medicare Beneficiary program, to income more than 140% but not more 
than 160% of the federal poverty level; and for the Qualified Individuals program, to 
income more than 160% but not more than 175% of the federal poverty level. 
Sec. HH -3. Contingent effective date. Section 2 of this Part takes effect only if: 
1. The Commissioner of Health and Human Services receives written approval of the 
application for a waiver of the maintenance of effort requirements of the federal Patient 
Protection and Affordable Care Act for the changes in section 2 from the federal Centers 
for Medicare and Medicaid Services or the commissioner receives written notification 
from the Centers for Medicare and Medicaid Services that such a waiver is not necessary; 
and 
2. The Commissioner of Health and Human Services notifies the Secretary of State, 
the Secretary of the Senate, the Clerk of the House of Representatives and the Revisor of 
Statutes that written approval of the application for a waiver or written notification that 
such a waiver is not necessary has been received.' 
SUMMARY 
PART A 
This Part makes appropriations and allocations. 
PART B 
This Part transfers $1,500,000 from the available balance in the Administrative 
Services - Professional and Financial Regulation program, Other Special Revenue Funds 
account within the Department of Professional and Financial Regulation to the General 
Fund unappropriated surplus at the close of fiscal year 2012-13. 
PART C 
This Part requires a transfer of up to $25,000,000 from the General Fund 
unappropriated surplus at the close of fiscal year 2012-13 for hospital settlements. This 
year-end transfer is in addition to the $25,000,000 transfer previously authorized at the 
close of fiscal year 2011-12. These hospital settlement transfers are the next priority in 
the list of "cascade" transfers after the transfer to the reserve for retirement costs that 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "An to S.P. 600, L.D. 1746 
provides resources for ad hoc cost-of-living adjustments for retirees of the Maine Public 
Employees Retirement System. 
This Part also transfers any excess funds above the amounts currently budgeted to be 
credited to the Department of Education for essential programs and services for 
kindergarten to grade 12 under the Maine Revised Statutes, Title 20-A, chapter 606-B in 
fiscal year 2012-13 from the Oxford Casino slot machine and table game proceeds to the 
Medical Care - Payments to Providers Other Special Revenue Funds account to be used 
to fund hospital settlements. 
PARTD 
This Part transfers $10,000,000 from the General Fund unappropriated surplus to the 
Maine Budget Stabilization Fund during fiscal year 2012-13. This Part also authorizes an 
emergency transfer from the Maine Budget Stabilization Fund to the Riverview 
Psychiatric Center program, General Fund account in the Department of Health and 
Human Services in the event that the Commissioner of Health and Human Services and 
the Commissioner of Administrative and Financial Services determine that this program 
has insufficient resources as a result of a requirement to repay federal funds in fiscal year 
2012-13. The amount transferred from the Maine Budget Stabilization Fund may not 
exceed $7,360,045. 
PART E 
This Part eliminates the transfer of up to $2,500,000 of slot machine income to the 
Fund for a Healthy Maine for the fiscal year ending June 30, 2013. 
~ 
U~F 
This Part does the following. 
1. It increases the cap on the combined amount that the Finance Authority of Maine 
may have in its Loan Insurance Reserve and Maine Mortgage Insurance Fund from 
$35,000,000 to $40,000,000. 
2. It also increases the amount required to be paid by the Finance Authority of Maine 
from the Loan Insurance Reserve Fund to the State as undedicated General Fund revenue 
by June 30, 2013 from $1,000,000 to $3,000,000. 
PARTG 
This Part specifies how the reduction in Fund for a Healthy Maine funding for 
community school grants is to be implemented. 
PARTH 
This Part continues MaineCare funding for critical access hospitals at 109% of 
MaineCare allowable costs for both inpatient and outpatient services and continues 
funding for critical access hospital staff enhancement payments, both effective 
retroactively to April 1, 2012. 
This Part also repeals the provisions in current law 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
requmng the Department of Health and Human Services to change to a system of 
reimbursement 
to 
critical 
access 
hospitals 
for 
inpatient 
services 
based 
on 
diagnosis-related groupings and for outpatient services based on ambulatory payment 
classifications. 
PART I 
This Part adds public charter schools to the definition of "local district" to allow those 
schools to be eligible to participate in the Maine Public Employees Retirement System as 
participating local districts. This Part also provides language to clarify that public charter 
schools are not included in the definition of "public school." 
PARTJ 
This Part requires the Maine Public Employees Retirement System to submit, no later 
than January 15, 2013, proposed legislation to implement a new combination defined 
benefit and defined contribution retirement plan selected by the working group 
established pursuant to Public Law 2011, chapter 380, Part U, section 2 and described in 
the "New Pension Plan Design and Implementation Plan" report dated March 2012 
submitted to the Joint Standing Committee on Appropriations and Financial Affairs in 
response to Public Law 2011, chapter 380, Part U. This Part also requires the Maine 
Public Employees Retirement System, at the request of the legislative committee, to 
present sufficient details concerning each component of the proposed plan and allows the 
executive director to convene a working group composed of the members of the working 
group that was established pursuant to Public Law 2011, chapter 380, Part U. This Part 
authorizes the joint standing committee of the Legislature having jurisdiction over state 
employee and teacher retirement matters to submit a bill to implement a new retirement 
plan to the First Regular Session of the 126th Legislature. 
PARTK 
This Part transfers $500,000 from the Ground Water Oil Clean-up Fund, Other 
Special Revenue Funds account in the Department of Environmental Protection to 
General Fund unappropriated surplus at the close of fiscal year 2012-13. 
PART L 
This Part gives the Department of Health and Human Services the authority to adopt 
emergency rules to implement any provisions of this legislation over which the 
department has subject matter jurisdiction for which specific authority has not been 
addressed by some other part of this legislation. 
PARTM 
This Part exempts from Maine income tax active duty military pay earned outside of 
Maine for service performed pursuant to written military orders during tax years 
beginning on or after January 1,2014. 
PARTN 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
This Part expands, beginning January 1, 2014, the scope of the Maine Revised 
Statutes, Title 36, section 2013, which provides for the refund of sales tax on purchases of 
depreciable machinery and equipment used for commercial agricultural production and 
certain other purposes, to include items used in commercial wood harvesting and in the 
commercial production of crops, plants, trees, compost and livestock, which is intended 
to include greenhouse and nursery products. 
PART 0 
This Part repeals the restriction on MaineCare reimbursement for opioid drugs 
enacted in Public Law 2011, chapter 477, Part 0 and enacts a replacement protocol for 
prescribing and requirements for reimbursement for opioid drugs. 
PARTP 
This Part amends the Maine New Markets Tax Credit program to increase the 
maximum amount of capital or equity investment in, or loan to, a qualified active low-
income community business from $10,000,000 to $40,000,000 if the qualified low-
income community business is a manufacturing or value-added production enterprise that 
projects to create or retain more than 200 jobs. 
PARTQ 
This Part establishes the 2012 Maine Use Tax Compliance Program to run from 
September 1, 2012 to November 30, 2012 to facilitate the discovery and recovery of 
unreported use tax. The program provides for the waiver of penalties if the tax and 
interest are paid during the program period, absolves participating taxpayers meeting the 
conditions of the program from further liability for use taxes incurred prior to January 1, 
2012 and absolves such taxpayers from liability for criminal prosecution and civil 
penalties related to those taxes. 
PARTR 
This Part amends the income tax subtraction modification for certain retirement 
benefits to raise the $6,000 limit to $10,000 for tax years beginning on or after January 1, 
2014. The subtraction modification is expanded to include all federally taxable pension 
income, annuity income and individual retirement account distributions, except pick-up 
contributions for which a deduction has been allowed. 
PARTS 
This Part includes the provisions of Committee Amendment "A" to L.D. 1840, An 
Act To Limit MaineCare Reimbursement for Methadone Treatment. It provides that, 
effective January 1, 2013, reimbursement under the MaineCare program for methadone 
for the treatment of addiction to opiates is limited to a lifetime maximum of 24 months, 
except that reimbursement may be provided for longer than 24 months if prior 
authorization is received from the Department of Health and Human Services. It requires 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
the Department of Health and Human Services to adopt routine technical rules to 
implement this provision. 
PARTT 
This Part establishes the MaineCare Redesign Task Force to make recommendations 
to the joint standing committees of the Legislature having jurisdiction over appropriations 
and financial affairs and health and human services matters on the redesign of the 
MaineCare program in order to achieve General Fund savings of $5,250,000 in fiscal year 
2012-13. 
This Part provides a process for the Legislature's obtaining adequate 
information to achieve MaineCare redesign and provides for curtailment of allotments by 
the Governor in the event the Legislature does not enact a redesign plan. 
PARTU 
This Part requires the Department of Health and Human Services to prepare a global 
Medicaid waiver, submit the proposed waiver for review by the Joint Standing 
Committee on Appropriations and Financial Affairs and the Joint Standing Committee on 
Health and Human Services and submit the waiver as a resolve for approval by the 126th 
Legislature. 
PART V 
This Part establishes the Department of Agriculture, Conservation and Forestry and: 
1. It directs the Department of Agriculture, Conservation and Forestry to assume the 
duties and responsibilities of the current Department of Agriculture, Food and Rural 
Resources and the current Department of Conservation; 
2. It does not repeal any provisions of the Maine Revised Statutes, Title 7, which sets 
forth the laws and policies implemented by the current Department of Agriculture, Food 
and Rural Resources, or of Title 12, which sets forth the laws and policies implemented 
by the current Department of Conservation; 
3. It eliminates one cOlmnissioner position; 
4. It enacts a provision expressing the intent of the Legislature that a bill to 
consolidate relevant portions of the Maine Revised Statutes, Title 7 and Title 12 in the 
new Title 7-A, which is enacted by this Part, be enacted into law by the 126th 
Legislature; and 
5. 
It provides that if a bill that consolidates the relevant portions of the Maine 
Revised Statutes, Title 7 and Title 12 in the new Title 7 -A is not enacted into law by the 
date on which the 127th Legislature convenes, the statute that establishes the consolidated 
department is repealed. 
PARTW 
This Part contains transition provisions for the establishment of the Department of 
Agriculture, Conservation and Forestry. 
PART X 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
This Part effectuates the renaming of the Bureau of Forestry, Division of Forest 
Protection and amends the membership of the Land for Maine's Future Board and the 
Interagency Task Force on Invasive Aquatic Plants and Nuisance Species to reflect the 
consolidation of the Department of Agriculture, Food and Rural Resources and the 
Department of Conservation into one department with one commissioner. 
PARTY 
This Part amends the lists of officials in certain salary ranges to reflect changes made 
by the consolidation of the Department of Agriculture, Food and Rural Resources and the 
Department of Conservation into the Department of Agriculture, Conservation and 
Forestry. 
PART Z 
This Part reduces the eligibility threshold for Medicaid services for a parent or a 
caretaker relative of an eligible child from a maximum of 133% of the nonfarm income 
official poverty line to 100% effective October 1, 2012, contingent upon the Department 
of Health and Human Services' receiving a waiver of the maintenance of effort 
requirements of the federal Patient Protection and Affordable Care Act or being notified 
that such a waiver is not necessary. 
PART AA 
This Part eliminates as a separate and distinct office within the Department of Health 
and Human Services the Office of Substance Abuse. It does not eliminate the duties and 
functions of the office; it directs the Commissioner of Health and Human Services to 
carry out the duties and functions of the office. 
PARTBB 
This Part eliminates as a separate and distinct office within the Department of Health 
and Human Services the Office of Elder and Adult Services. It does not eliminate the 
duties or functions of the office; it directs the department and Commissioner of Health 
and Human Services to carry out the duties and functions of the office. 
PART CC 
This Part eliminates as a separate and distinct office within the Department of Health 
and Human Services the Office of Adults with Cognitive and Physical Disability 
Services. It does not eliminate the duties and functions of the office; it directs the 
department and the Commissioner of Health and Human Services to carry out the duties 
and functions of the office. 
PARTDD 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 600, L.D. 1746 
This Part eliminates as a separate and distinct office within the Department of Health 
and Human Services the Office of Adult Mental Health Services. It does not eliminate 
the duties and functions of the office; it directs the department and the Commissioner of 
Health and Human Services to carry out the duties and functions of the office. 
PARTEE 
This Part eliminates the Office of Advocacy within the Department of Health and 
Human Services and directs the department to contract with an agency to provide services 
to individuals with intellectual disabilities and autism. 
PARTFF 
This Part directs the Commissioner of Health and Human Services to review the 
current organizational structure, systems and operations of the Department of Health and 
Human Services and restructure the department in order to improve and streamline 
services. 
PART GG 
This Part requires the Department of Health and Human Services to submit a 
Medicaid state plan amendment effective October 1, 2012 to eliminate Medicaid 
coverage for individuals who are 19 or 20 years of age, who have incomes less than or 
equal to 150% of the nonfarm income official poverty line, who do not live with a 
dependent child and who are not otherwise eligible for Medicaid, subject to a contingency 
that the department receive a waiver of the maintenance of effort requirements of the 
federal Patient Protection and Affordable Care Act or is notified that such a waiver is not 
necessary. 
PART HH 
This Part reduces income eligibility for the Department of Health and Human 
Services' elderly low-cost drug program from 185% to 175% of the federal poverty level 
and for the Medicare savings program as follows: for the Qualified Medicare Beneficiary 
program, to income not more than 140% of the federal poverty level; for the Specified 
Low-Income Medicare Beneficiary program, to income more than 140% but not more 
than 160% of the federal poverty level; and for the Qualified Individuals program, to 
income more than 160% but not more than 175% of the federal poverty level. This Part 
also provides that the changes in income eligibility levels for the Medicare savings 
program are subject to the department's receiving written approval of the application for a 
waiver of the maintenance of effort requirements of the federal Patient Protection and 
Affordable Care Act or receiving written notification that such a waiver is not necessary. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05111112 
~ac.. 
LD 1746 
LR 2678(02) 
An Act To Make Supplemental Appropriations and Allocations for the Expenditures of State 
Government and To Change Certain Provisions of the Law Necessary to the Proper Operations of 
State Government for the Fiscal Years Ending June 30, 2012 and June 30, 2013 
Fiscal Note for Bill as Amended by Committee Amendment "A" s- 512-
Committee: Appropriations and Financial Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Projections 
Projections 
FY 2011-12 
FY 2012-13 
FY 2013-14 
FY 2014-15 
Net Cost (Savings) 
General Fund 
$0 
$51,995,448 
$56,407,590 
$68,286,372 
Fund for a Healthy Maine 
$0 
$3,196,777 
$696,777 
$696,777 
Appropriations/Allocations 
General Fund 
$0 
$55,575,189 
$46,911,743 
$44,274,505 
Federal Expenditures Fund 
$0 
$73,479,559 
$62,787,470 
$62,745,172 
Fund for a Healthy Maine 
$0 
$696,777 
$696,777 
$696,777 
Other Special Revenue Funds 
$0 
$3,260,353 
$3,524,666 
$2,342,967 
Federal Block Grant Fund 
$0 
($93,271) 
($97,318) 
($101,487) 
Revenue 
General Fund 
$0 
$11,579,741 
($9,495,847) 
($24,011,867) 
Fund for a Healthy Maine 
$0 
($2,500,000) 
$0 
$0 
Other Special Revenue Funds 
$0 
$1,437,903 
$572,641 
($1,261,795) 
Transfers 
General Fund 
$0 
($8,000,000) 
$0 
$0 
Other Special Revenue Funds 
$0 
($2,000,000) 
$0 
$0 
LR2678(02) - Fiscal Note - Page 1 of2 
) 
Projections 
Projections 
FY 2011-12 
FY 2012-13 
FY 2013-14 
FY 2014-15 
Fund Detail by Section 
ppropriations/ Allocations 
General Fund 
PART A, Section 1 
$0 
$55,575,189 
$46,911,743 
$44,274,505 
Federal Expenditures Fund 
PART A, Section 1 
$0 
$73,479,559 
$62,787,470 
$62,745,172 
Fund for a Healthy Maine 
PART A, Section 1 
$0 
$696,777 
$696,777 
$696,777 
Other Special Revenue Funds 
PART A, Section 1 
$0 
$3,260,353 
$3,524,666 
$2,342,967 
Federal Block Grant Fund 
PART A, Section 1 
$0 
($93,271) 
($97,318) 
($101,487) 
Revenue 
General Fund 
PART A, Section 1 
$0 
$1,759,741 
($750,259) 
($512,759) 
PART E, Section 1 
$0 
$2,500,000 
$0 
$0 
PART F, Section 1 
$0 
$2,000,000 
$0 
$0 
PARTM 
$0 
$0 
($741,000) 
($1,873,400) 
PARTN 
$0 
$0 
($805,488) 
($825,708) 
PARTQ 
$0 
$5,320,000 
$0 
$0 
PARTR 
$0 
$0 
($7,199,100) 
($20,800,000) 
Fund for a Healthy Maine 
PART E, Section 1 
$0 
($2,500,000) 
$0 
$0 
Other Special Revenue Funds 
PART A, Section 1 
$0 
$1,157,903 
$1,032,903 
($25,000) 
PARTM 
$0 
$0 
($39,000) 
($98,600) 
PARTN 
$0 
$0 
($42,362) 
($43,458) 
PARTQ 
$0 
$280,000 
$0 
$0 
PARTR 
$0 
$0 
($378,900) 
($1,094,737) 
Transfers 
General Fund 
PART B, Section 1 
$0 
$1,500,000 
$0 
$0 
PART D, Section 1 
$0 
($10,000,000) 
$0 
$0 
PART K, Section 1 
$0 
$500,000 
$0 
$0 
Other Special Revenue Funds 
PART B, Section 1 
$0 
($1,500,000) 
$0 
$0 
PART K, Section 1 
$0 
($500,000) 
$0 
$0 
LR2678(02) - Fiscal Note - Page 2 of 2