An Act To Revise the Laws Regarding the Fund for a Healthy Maine
Maine Legislature, Session 125, LD 1884
Committee: Appropriations and Financial Affairs
Amends: 5 MRSA §12004-I, 22 MRSA §1511, 22 MRSA §1513

Legislative Document 
No. 1884 
S.P. 661 
In Senate, March 15, 2012 
An Act To Revise the Laws Regarding the Fund for a Healthy 
Maine 
Reported by Senator McCORMICK of Kennebec for the Joint Standing Committee on 
Health and Human Services pursuant to Joint Rule 353. 
Reference to the Committee on Appropriations and Financial Affairs suggested and ordered 
printed pursuant to Joint Rule 218. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §12004-I, sub-§47-I is enacted to read: 
47-I.   
Sec. 2.  22 MRSA §1511, sub-§1, as enacted by PL 1999, c. 401, Pt. V, §1, is 
amended to read: 
1.  Fund established.  The Fund for a Healthy Maine, referred to in this chapter as 
the "fund," is established as an Other Special Revenue fund for the purposes specified in 
this chapter as a separate and distinct fund for accounting and budgetary reporting 
purposes. 
Sec. 3.  22 MRSA §1511, sub-§§13 and 14 are enacted to read: 
13.  Separate accounts; annual reporting.  A state agency that receives allocations 
from the fund and a contractor or vendor that receives funding allocated from the fund 
shall maintain that money in a separate account and shall report by September 1st of each 
year to the Commissioner of Administrative and Financial Services providing a 
description of how those funds for the prior state fiscal year were targeted to the 
prevention and health-related purposes listed in subsection 6.  The Commissioner of 
Administrative and Financial Services shall by October 1st of each year compile the 
reports provided under this subsection and forward the information in a report to the 
Legislature. 
14.  Legislative committee review of legislation.  Whenever a proposal in a resolve 
or bill before the Legislature, including but not limited to a budget bill, affects the fund, 
the joint standing committee of the Legislature having jurisdiction over the proposal shall 
hold a public hearing and determine the level of support for the proposal among members 
of the committee.  If there is support for the proposal among a majority of the members of 
the committee, the committee shall request the joint standing committee of the 
Legislature having jurisdiction over health and human services matters to review and 
evaluate the proposal as it pertains to the fund.  The joint standing committee of the 
Legislature having jurisdiction over health and human services matters shall conduct the 
review and report to the committee of jurisdiction and to the joint standing committee of 
the Legislature having jurisdiction over appropriations and financial affairs. 
Sec. 4.  22 MRSA §1513 is enacted to read: 
Human Services: 
Public Health 
Fund for a Healthy 
Maine Study 
Commission 
Legislative Per 
Diem and Expenses 
for Legislators and 
Expenses Only for 
Other Members 
MRSA §1513 
§1513.  Periodic study commission review 
Beginning in 2015 and every 4 years thereafter, the Legislature shall establish a Fund 
for a Healthy Maine study commission, referred to in this section as "the commission," to 
review allocations of the fund and to report by December 7th of the year in which the 
commission is established 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. 
1.  Commission membership.  The commission consists of 13 members appointed 
as follows. 
A.  The President of the Senate shall appoint: 
(1)  Three members of the Senate, at least one belonging to the political party 
holding the largest number of seats in the Senate and at least one belonging to the 
political party holding the 2nd largest number of seats in the Senate. At least one 
of the appointees must serve on the joint standing committee of the Legislature 
having jurisdiction over appropriations and financial affairs and at least one of 
the appointees must serve on the joint standing committee of the Legislature 
having jurisdiction over health and human services matters; 
(2)  One person representing municipal public health departments; and 
(3)  One person representing a major voluntary nonprofit health organization. 
B.  The Speaker of the House of Representatives shall appoint: 
(1)  Four members of the House of Representatives, at least one belonging to the 
political party holding the largest number of seats in the House of 
Representatives and at least one belonging to the political party holding the 2nd 
largest number of seats in the House of Representatives. At least one of the 
appointees must serve on the joint standing committee of the Legislature having 
jurisdiction over appropriations and financial affairs and at least one of the 
appointees must serve on the joint standing committee of the Legislature having 
jurisdiction over health and human services matters; 
(2)  One person representing a statewide organization of public health 
professionals; 
(3)  One person representing a public health organization or agency operating in a 
rural community; 
(4)  One person representing an organization providing services supported by 
funds from the fund; and 
(5)  One person who possesses expertise regarding the fund and allocations from 
the fund. 
2.  Chairs.  The first-named Senate member is the Senate chair and the first-named 
House of Representatives member is the House chair of the commission. 
3.  Appointments; convening of commission.  All appointments must be made no 
later than June 1st in the year in which the study is being performed. The appointing 
authorities shall notify the Executive Director of the Legislative Council once all 
appointments have been made. The chairs of the commission shall call and convene the 
first meeting of the commission within 15 days of notification that all appointments have 
been made.  After the report under this section has been completed, the commission 
disbands and new members are appointed 4 years later. 
4.  Meetings.  The commission may meet only when the Legislature is not in regular 
or special session. The commission is authorized to meet up to 6 times to accomplish its 
duties under subsection 5. 
5.  Duties.  The commission shall review the alignment of allocations from the fund 
with the State's current public health care and preventive health priorities and goals. The 
commission shall gather information and data from public and private entities as 
necessary to: 
A.  Identify or review the State's current public health care and preventive health 
priorities and goals; 
B.  Identify or review strategies for addressing priorities and goals and the potential 
effectiveness of those strategies; 
C.  Assess the level of resources needed to properly pursue the strategies identified in 
paragraph B; 
D.  Make recommendations for how funds from the fund should be allocated to most 
effectively support the State's current public health and preventive health priorities, 
goals and strategies; and 
E.  Make recommendations for processes to be used to ensure that fund allocations 
stay aligned with the State's health priorities and goals. 
6.  Cooperation.  The commissioner, the Commissioner of Administrative and 
Financial Services, the Commissioner of Education and the Director of the Maine Center 
for Disease Control and Prevention within the department shall provide information and 
data to the commission as necessary for its work. 
7.  Staff assistance.  The Legislative Council shall provide necessary staffing 
services to the commission. 
Sec. 5.  Appropriations and allocations.  The following appropriations and 
allocations are made. 
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF 
Information Services 0155 
Initiative: Provides one-time funds for the computer programming costs associated with 
establishing the Fund for a Healthy Maine as a separate fund. 
SUMMARY 
This bill, which is based on recommendations from the Commission To Study 
Allocations of the Fund for a Healthy Maine, proposes changes to the Fund for a Healthy 
Maine.  The bill changes the Fund for a Healthy Maine from an Other Special Revenue 
Funds account to a separate fund.  It requires an annual report on targeted uses of fund 
money to the Commissioner of Administrative and Financial Services and provides for an 
annual report to the Legislature.  It places in law review by the joint standing committee 
of the Legislature having jurisdiction over health and human services matters of 
legislative proposals affecting the fund that are currently in effect through Joint Rule 317.  
It requires the Legislature to establish a study commission to review allocations of the 
fund every 4 years in the same manner in which those allocations were reviewed in 2011 
and to report with recommendations 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. 
GENERAL FUND 
2011-12
2012-13
All Other 
$0
$131,028
GENERAL FUND TOTAL 
$0
$131,028
Approved: 03/13/12
LD  1884
LR 2738(01)
FY 2011-12
FY 2012-13
Projections 
FY 2013-14
Projections 
FY 2014-15
Net Cost (Savings)
General Fund
$0
$131,028
$0
$0
Appropriations/Allocations
General Fund
$0
$131,028
$0
$0
Legislative Cost/Study
Fiscal Detail and Notes
Fiscal Note
Future Legislative Cost/Study
This bill includes a one-time General Fund appropriation of $131,028 in fiscal year 2012-13 for the computer 
programming costs associated with establishing the Fund for a Healthy Maine as a separate fund.  Additional costs to 
the Department of Education and to the Department of Health and Human Services to provide the necessary data and 
information to the commission and prepare the required annual report can be absorbed within existing budgeted 
resources.
An Act To Revise the Laws Regarding the Fund for a Healthy Maine
Fiscal Note for Original Bill
Committee: Not Referred
Fiscal Note Required: Yes
The bill creates a study commission that convenes every 4 years.  The general operating expenses of this study are 
projected to be $6,960 every 4 years based on current per diem and average expenses for legislative members.  The 
first year in which these costs would be incurred by the Legislature is fiscal year 2015-16. 
LR2738(01) - Fiscal Note - Page 1 of 1