An Act To Amend the Laws Concerning the Child Care Advisory Council and the Maine Children's Growth Council
Maine Legislature, Session 125, LD 1486
Committee: Health and Human Services
Sponsors: STUCKEY, ALFOND
Amends: 5 MRSA §24001, 5 MRSA §24002, 22 MRSA §3731, 22 MRSA §3732, 22 MRSA §3736, 22 MRSA §3739

Legislative Document 
No. 1486 
H.P. 1093 
House of Representatives, April 14, 2011 
An Act To Amend the Laws Concerning the Child Care Advisory 
Council and the Maine Children's Growth Council 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative STUCKEY of Portland. 
Cosponsored by Senator ALFOND of Cumberland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §24001, sub-§6, as enacted by PL 2007, c. 683, Pt. A, §2, is 
amended to read: 
6.  Quorum; meetings.  Thirteen A majority of the voting members of the council 
constitute a quorum. The council may meet as often as necessary but shall meet at least 6 
times a year.  A meeting may be called by a cochair or by any 5 members. 
Sec. 2.  5 MRSA §24001, sub-§8, as enacted by PL 2007, c. 683, Pt. A, §2, is 
amended to read: 
8.  Staffing; funding.  The council may hire staff as necessary for its work and as 
resources permit.  The council may accept grant funding and other funding as may be 
available for the work of the council.  The Department of Health and Human Services 
shall act as fiscal agent for the council. 
Sec. 3.  5 MRSA §24002, sub-§1, ¶C, as enacted by PL 2007, c. 683, Pt. A, §2, is 
amended to read: 
C.  Reporting by January 15, 2010 2011 and every 2 years thereafter at the start of the 
Services, the Governor, the Children's Cabinet and Governor and the one or more 
joint standing committees of the Legislature having jurisdiction over health, human 
services, taxation and education matters on the activities and accomplishments of the 
council and its long-term plan for investment in the healthy development of young 
children, and issuing such other reports as the council determines to be appropriate.  
Sec. 4.  22 MRSA §3731, sub-§1, as enacted by PL 1993, c. 158, §2, is amended 
to read: 
1.  Child care.  "Child care" means a regular service of care and protection education 
provided for compensation for any part of a day less than 24 hours to a child or children 
under 16 years of age whose parents work outside the home, attend an educational 
program or are otherwise unable to care for their children.  "Child care" also means 
administrative functions related to the delivery of child care services, including, but not 
limited to, contract management, voucher administration, licensing, training, technical 
assistance and referral. 
Sec. 5.  22 MRSA §3731, sub-§2-A is enacted to read: 
2-A.  Division.  "Division" means the early childhood division of the Department of 
Health and Human Services, Office of Child and Family Services. 
Sec. 6.  22 MRSA §3732, sub-§4, as enacted by PL 1993, c. 158, §2, is amended 
to read: 
4.  Accessibility.  High-quality child care must be available to any family seeking 
care regardless of where the family lives or the special needs of the child.  A centralized 
place system in local communities must be available to facilitate parents' access to child 
care. 
Sec. 7.  22 MRSA §3732, sub-§5, as enacted by PL 1993, c. 158, §2, is amended 
to read: 
5.  Affordability.  High-quality child care must be available to families who receive 
child care subsidies available in the State on a sliding scale fee basis, with families 
contributing based on ability to pay. 
Sec. 8.  22 MRSA §3736, sub-§1, as enacted by PL 1993, c. 158, §2, is amended 
to read: 
1.  Single application form.  By October 1, 1993, the department shall develop a 
universal application for all publicly funded child care programs for applicants who are 
seeking child care as their primary service.  By January 1, 1994, the department shall 
require all caseworkers and contractors to use the form to determine eligibility for those 
applicants.  Applicants submitting applications to more than one caseworker or contractor 
may submit photocopies or facsimile copies. 
Sec. 9.  22 MRSA §3739, sub-§2, as amended by PL 2001, c. 179, §1 and c. 354, 
§3 and PL 2003, c. 689, Pt. B, §§6 and 7, is further amended to read: 
2.  Membership.  The council has a minimum of 25 28 members, appointed as 
follows: 
A.  One employee of the Bureau of Family Independence department's office of 
integrated access and support who is responsible for child care services, appointed by 
the commissioner; 
B.  Two employees The employee of the Department of Health and Human Services, 
Office of Child Care and Head Start who are responsible for serves as the state child 
care services, appointed by the commissioner administrator, or the state child care 
administrator's designee; 
C.  One employee of the Department of Health and Human Services, Bureau of 
Children with Special Needs division within the department concerned with 
children's behavioral health services, appointed by the Commissioner of Health and 
Human Services commissioner; 
D.  One employee Two employees of the Department of Education, one of whom 
represents special education programs and one of whom oversees public programs for 
children 4 years of age, appointed by the Commissioner of Education; 
E.  One employee who coordinates serves as the state Head Start program 
collaboration director, appointed by the commissioner or the state Head Start 
collaboration director's designee; 
F.  The State Fire Marshal or the State Fire Marshal's designee; 
G.  One employee of the Office of Substance Abuse, appointed by the Director of the 
Office of Substance Abuse; 
H.  One employee of the Department of Economic and Community Development, 
appointed by the Commissioner of Economic and Community Development; 
I.  One member of the Senate, appointed by the President of the Senate; 
J.  Two members of the House of Representatives, at least one of whom must may 
not be from the minority party with the most members in the House of 
Representatives, appointed by the Speaker of the House of Representatives; 
K.   One parent or other consumer who receives a child care subsidy at the time of 
that parent's or consumer's appointment, appointed by the Governor; 
L.   One parent or other consumer of child care services who does not receive a child 
care subsidy, appointed by the Governor; 
M.  One business representative nominated by the Maine Chamber of Commerce and 
Industry, appointed by the Governor; 
N.  One center-based care representative nominated by the Maine Child Care 
Directors' Association, appointed by the Governor; 
O.  One Head Start provider nominated by the Maine Head Start Directors' 
Association, appointed by the Governor; 
P.  One family day-care child care provider nominated by the Maine Family Day 
Care Association an association of family child care providers in the State, appointed 
by the Governor; 
Q.  One person representing Native Americans, appointed by the Governor; 
R.  One child care provider who does not receive public funds, appointed by the 
Governor; 
S.  One person associated with a local preschool handicapped project coordination 
site representing a nonprofit advocacy organization dedicated to improving the lives 
of children, youth and their families, appointed by the Governor; 
T.  One person nominated by the Coalition for Maine's Children associated with a 
Child Development Services System site, appointed by the Governor; 
U.  One person nominated by the Maine Association of Child Care Resource and 
Referral Agencies representing a collaborative partnership between the University of 
Maine and the Department of Health and Human Services, Office of Child Care and 
Head Start, nominated by the University of Maine Center for Community Inclusion 
and Disability Studies, appointed by the Governor; 
V.  One representative of women nominated by the Maine Women's Lobby, 
appointed by the Governor; and 
W.  One direct service provider of child care for school-age children, nominated by 
the University of Maine at Farmington, Maine Afterschool Network, or a successor 
program, appointed by the Governor.; 
X.  One person representing the University of Southern Maine, Edmund S. Muskie 
School of Public Service, Maine Roads to Quality, or a successor program, appointed 
by the Governor; 
Y.  A person representing an association of resource development centers in the State, 
appointed by the Governor; and 
Z.  One person representing unionized family child care providers, nominated by the 
Maine State Employees Association-Service Employees International Union, 
appointed by the Governor. 
Senators and members of the House of Representatives serve for the duration of the 
legislative terms that they are serving when appointed.  Members from state departments 
serve at the pleasure of their appointing authorities.  All other members serve 3-year 
terms and may continue to serve beyond their terms until their successors are appointed.  
If a vacancy occurs before a term has expired, the vacancy must be filled for the 
remainder of the unexpired term by the authority who made the original appointment.  If 
a member is absent for 2 consecutive meetings and has not been excused by the chair 
from either meeting, the council may remove the member by majority vote.  If a 
nominating organization does not submit nominations within a reasonable period of time, 
the appointing authority may fill that organization's seat with a member of the public at 
large. 
The council shall determine whether more than 25 28 members would assist it in its work 
under subsections 1 and 5.  If a majority of the council votes to request the appointment 
of additional members, the council shall specify the number of additional members 
needed and shall convey a request for the appointment of those additional members to the 
Governor, who shall make the appointments. 
Sec. 10.  22 MRSA §3739, sub-§3, as enacted by PL 1993, c. 158, §2, is amended 
to read: 
3.  Meetings; chair.  The commissioner shall call the first meeting of the council by 
October 15, 1993.  At the first meeting, the council shall select by majority vote a chair 
from among its members to serve a term of one year.  A chair may be reelected to 
subsequent terms.  The chair shall call subsequent meetings.  The council may meet as 
often as funding permits, but must meet at least 4 times per year at a date, time and place 
determined by the council. The chair, in collaboration with the department, may call a 
special meeting to address an issue that, in the judgment of the chair, cannot wait until the 
next regularly scheduled meeting. 
Sec. 11.  22 MRSA §3739, sub-§3-A is enacted to read: 
3-A.  Notice of meetings; agenda.  At a reasonable time before a meeting of the 
council, the chair shall send a notice of the meeting to every member under subsection 2.  
A notice of meeting required under this subsection must contain the date, time, place and 
agenda of the meeting and the minutes of the previous meeting.  Notice of a special 
meeting under subsection 3 must be sent under this subsection as expeditiously as 
possible. 
Sec. 12.  22 MRSA §3739, sub-§3-B is enacted to read: 
3-B.  Attendance at meetings.  A member of the council is expected to attend all 
meetings under subsection 3.  If a member is unable to attend a meeting called under 
subsection 3, the member shall inform the chair.  A member may attend a meeting under 
subsection 3 by participating remotely through the means of telephone, electronic media 
or other device if the facilities allow for such participation.  The council shall endeavor to 
install means by which a member may participate remotely pursuant to this subsection. 
Sec. 13.  22 MRSA §3739, sub-§6, as enacted by PL 1993, c. 158, §2, is amended 
to read: 
6.  Report.  By January 15th, the council shall submit an annual report to the 
commissioner, the cochairs of the Maine Children's Growth Council established in Title 
5, chapter 621 and the joint standing committee of the Legislature having jurisdiction 
over human resource services matters.  The report must describe the council's activities 
for the year regarding its duties specified in subsection 5 and must outline policy changes 
recommended by the council, along with necessary implementing legislation. 
Sec. 14.  22 MRSA §3739, sub-§8 is enacted to read: 
8.  Parliamentary authority.  Except as mandated by state law, a meeting under 
subsection 3 is governed by the current edition of Robert's Rules of Order Newly 
Revised. 
SUMMARY 
This bill makes changes to the quorum rules, staffing and reporting duties of the 
Maine Children's Growth Council and makes changes to the membership of and 
requirements regarding notice and conduct of and attendance at meetings of the Child 
Care Advisory Council.