An Act Related to the Report of the Tax Expenditure Review Task Force
Maine Legislature, Session 126, LD 1762
House Amendment HA_F_H607 (House)
Amends: 9-B MRSA §161, 14 MRSA §6002, 14 MRSA §6026, 17-A MRSA §905-C, 22 MRSA §1714-D, 22 MRSA §3173-C, 22 MRSA §3174-F, 22 MRSA §317, 22 MRSA §3174-X, 22 MRSA §3761, 22 MRSA §3763, 22 MRSA §3811, 22 MRSA §5304, 30-A MRSA §2652, 30-A MRSA §5052, 30-A MRSA §5721-A, 30-A MRSA §7102, 36 MRSA §6216, 39-A MRSA §106

HOUSE AMENDMENT" F, to H.P. 1264, L.D. 1762, Bill, "An Act Related to the 
Report of the Tax Expenditure Review Task Force" 
Amend the bill by inserting after the enacting clause and before section 1 the 
following: 
'Sec. 1. 9-B MRSA §161, sub-§2, ~I, as amended by PL 2001, c. 262, Pt. B, §3, 
is further amended to read: 
1. Any disclosure of financial records made pursuant to Title 22, section 16, or 17 6f 
43+4; 
Sec. 2. 14 MRSA §6002, sub-§1, as repealed and replaced by PL 2009, c. 171, 
§2, is amended to read: 
1. Causes for 7-day notice of termination of tenancy. Notwithstanding any other 
provisions of this chapter, the tenancy may be terminated upon 7 days' written notice in 
the event that the landlord can show, by affIrmative proof, that: 
A. The tenant, the tenant's family or an invitee of the tenant has caused substantial 
damage to the demised premises that the tenant has not repaired or caused to be 
repaired before the giving of the notice provided in this subsection; 
B. The tenant, the tenant's family or an invitee of the tenant caused or permitted a 
nuisance within the premises, has caused or permitted an invitee to cause the 
dwelling unit to become unfit for human habitation or has violated or permitted a 
violation of the law regarding the tenancy; or 
C. The tenant is 7 days or more in arrears in the payment of rent. 
If a tenant who is 7 days or more in arrears in the payment of rent pays the full amount of 
rent due before the expiration of the 7 -day notice in writing, that notice is void. 
Thereafter, in all residential tenancies at will, if the tenant pays all rental arrears, all rent 
due as of the date of payment and any filing fees and service of process fees actually 
expended by the landlord before the issuance of the writ of possession as provided by 
section 6005, then the tenancy must be reinstated and no writ of possession may issue. 
In the event that the landlord or the landlord's agent has made at least 3 good faith efforts 
to personally serve the tenant in-hand, that service may be accomplished by both mailing 
HOUSE AMENDMENT 
HOUSE AMENDMENT "f" to H.P. 1264, L.D. 1762 
the notice by first class mail to the tenant's last known address and by leaving the notice 
at the tenant's last and usual place of abode. 
Payment or VflitteB aSSlifaHce of payment threligH tHe geHeral aSSiEltaHce program, as 
alithorized hy the State or a FOOHicipality plirsmmt to Title 22, ehapter 1161, has the same 
effeet as paymeHt is cash. 
Sec.3. 14 MRSA §6026, sub-§9, as enacted by PL 1983, c. 764, §2, is amended 
to read: 
9. Lack of beat. If the landlord fails to comply with the provisions of Title 14, 
section 6021, subsection 6, then the purchase of heating fuel by the t<mant sHall must be 
deemed to be a "cost of compliance" within the meaning of subsection 2. For teHaHts OH 
geseral assistaHce, mlisieipalities SHall hCPIe the rights of tesasts liHder this soosectioH. 
Sec. 4. 
MRSA §6026, sub-§10, as enacted by PL 2009, c. 566, §14, is 
amended to read: 
10. Foreclosure. For tenancies in buildings in which a foreclosure action brought 
pursuant to section 6203-A or 6321 has been filed and is currently pending, or in which a 
foreclosure judgment has been entered, if the landlord fails to maintain the premises in 
compliance with the standards in subsection 1, a tenant may exercise: the tenant's rights 
pursuant to this section without regard to the cost of compliance limitations set forth in 
subsection 2, except that the reasonable costs of compliance may not be more than the 
equivalent of 2 months' rent. 
A teooHt v/ho e*:ereises the teHaHt's rigHts liHder this 
slihseetioH and 'Nho thereafter seeks assistance pliffffiaHt to Title 22, eHapter 1161 may Hat 
have any amO\:lfl:ts expesded \:lfl:der this sooseetioH eO\:lfl:ted as iHeome fllifsliant to Title 22, 
seotioH 4301, sooseotioH 7. 
Sec. 5. 17-A MRSA §905-C, sub-§2, ,A, as enacted by PL 2011, c. 687, §1, is 
repealed. 
Sec. 6. 22 MRSA §1714-D, as enacted by PL 2011, c. 657, Pt. H, §1 and affected 
by §5, is amended by adding a new paragraph at the end to read: 
Beginning 90 days after adjournment of the Second Regular Session of the 126th 
Legislature, the department shall reimburse licensed critical access hospitals at 101 % 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. 7. 22 MRSA §3173-C, sub-§7,", as enacted by PL 1993, c. 6, Pt. C, §8, is 
repealed. 
Sec. 8. 22 MRS A §3173-C, sub-§7, ,K, as amended by PL 1993, c. 410, Pt. I, 
§8, is repealed. 
Sec. 9. 22 MRSA §3174-FF, sub-§3, ,F, as enacted by PL 2003, c. 673, Pt. 
MMM, § I, is repealed. 
Sec. 10. 22 MRSA §317 4-VV, as reallocated by RR 2011, c. 2, §27, is repealed. 
Sec. 11. 22 MRSA §3174-XX is enacted to read: 
HOUSE AMENDMENT 
HOUSE AMENDMENT" p.: to H.P. 1264, L.D. 1762 
§3174-XX. Termination of coverage or reimbursement 
The MaineCare program may not provide reimbursement for: 
1. Methadone. Methadone for the treatment of addiction to opiates as defined in 
Title 17-A, section 1101, subsection 7; 
2. Chiropractic services. Chiropractic services; 
3. Podiatry services. Podiatry services; and 
4. Screening clinic services. Screening clinic services for sexually transmitted 
diseases. 
Sec. 12. 22 MRSA §3761, sub-§I, as repealed and replaced by PL 1993, c. 707, 
Pt. I, §3, is amended to read: 
1. Benefits; emergency situation. Benefits to needy families with children in 
emergency situations in which the family is deprived of the basic necessities essential to 
theiF its support, including, but not limited to, utility terminations, lack of adequate 
shelter, fire and other natural disasters. In determining what constitutes an emergency 
with respect to utility terminations, the department shall grant assistance when an 
otherwise qualified family has received a disconnection notice and has exhausted theiF its 
ability to negotiate and pay the terms of a reasonable payment arrangement. The program 
may not be used to supplant loeal responsibility for operating or funding a general 
assistanee program. 
The department shall not e~q'lend more than $750,000 of state 
general assistanee funds for the pUFfloses of eovering the eost of serviees set out in this 
subseetion;and 
Sec. 13. 22 MRSA §3763, sub-§9, ,~ and C, as enacted by PL 1997, c. 530, 
Pt. A, § 16, are repealed. 
Sec. 14. 22 MRSA §3811, sub-§3, as amended by PL 2011, c. 687, §11, is 
further amended to read: 
3. Overpayment. "Overpayment" means program benefits that exceed the amount 
of program benefits for which an individual or assistance unit is eligible when the 
department or a court has determined that the benefits were provided as a result of an 
intentional program violation, an unintentional error by the individual or household or an 
error by the department. "Overpayment" does not include an overpayment for medical 
services by the department pursuant to chapter 855 or munioipal general assistanoe 
pursuant to ehapter 1161, if the overpayment occurred due to an unintentional error by 
the individual or household or an error by the department or by the munieipality in the 
ease ofmunieipal general assistanee 1:Ulder ehapter 1161. 
Sec. 15. 22 MRSA §3811, sub-§4, as amended by PL 2011, c. 687, §12, is 
further amended to read: 
4. Program benefits. "Program benefits" means money payments or food coupons 
issued by the department pursuant to an application for benefits made by an individual to 
Aid to Families with Dependent Children established in former chapter 1053, the food 
stamp program established in chapter 851 or the Temporary Assistance to Needy Families 
program established in chapter 1053-B, or money payments or "ouellers issued by a 
HOUSE AMENDMENT 
HOUSE AMENDMENT" f' 
to H.P. 1264, L.D. 1762 
muBieipal geBeral assistaace program established pursuaBt to chapter l---M-l, or payments 
for medical services issued by the department pursuant to the MaineCare program 
established pursuant to chapter 855. 
Sec. 16. 22 MRSA c. 1161, as amended, is repealed. 
Sec. 17. 22 MRSA §5304, sub-§l1, ~C, as enacted by PL 1973, c. 793, §12, is 
amended to read: 
C. 
Any income maintenance, income supplement, public assistance, geReral 
assistaRce, welfare, donated food or food stamp program. 
Sec. 18. 30-A MRSA §2652, sub-§3, ~, as amended by PL 2009, c. 589, §7, is 
further amended to read: 
B. Permit for the disposition of human remains, $20, except that BO fee is owed if 
the dispositiOB of hUfflaR refflaiBs is paid for through the mUR:icipal geBeral assistaace 
program URder chapter 1161; and 
Sec. 19. 30-A MRSA §5052, sub-§I, ~C, as amended by PL 1991, c. 610, §21, 
is further amended to read: 
C. 
The level of geBeral assistaRce by the State aRd the fflUBicipality, as \.vell as the 
level of federal assistance to persons in these areas, must be consid,ered. 
Sec. 20. 30-A MRSA §5721-A, sub-§4, as amended by PL 2013, c. 368, Pt. G, 
§ 1, is further amended to read: 
4. Adjustment for new state funding. If the State provides net new funding to a 
municipality for existing services funded in whole or in part by the property tax levy, 
other than required state mandate funds pursuant to section 5685 that do not displace 
current property tax expenditures, the municipality shall lower its property tax levy limit 
in that year in an amount equal to the net new funds. For purposes of this subsection, 
"net new funds" means the amount of funds received by the municipality from the State 
during the most recently completed calendar year, with respect to services funded in 
whole or in part by the property tax levy, less the product of the following: the amount of 
such funds received in the prior calendar year multiplied by onl! plus the growth 
limitation factor described in subsection 3. "Net new funds" refers to state-municipal 
revenue sharing and does not include changes iB state fUR:diBg for geBeral assistaace 
under Title 22, sectioB 4311 or in state funding under the Local Road Assistance Program 
under Title 23, section 1803-B if those changes are the result of the operation of the 
formula for calculation of state funding under that section but does include changes in 
funding that are the result of a statutory change in the formula for calculation of state 
funding under that section. If the calculation required by this subsection reveals that the 
municipality received or will receive a net reduction in funding, the municipality is 
authorized to adjust its property tax levy limit in an amount equal to the net reduction of 
funds. For the purpose of determining if there was or will be a net reduction in funding, 
the municipality may consider only those funds that are net new funds. For purposes of 
this subsection, with respect to the development of any municipal budget that was finally 
adopted on or before July 1, 2013, "net reduction in funding" means the amount of funds 
received by the municipality from the State during the calendar year immediately 
preceding the most recently completed calendar year less the amount of such funds 
HOUSE AMENDMENT 
.,' 
v 
~.[' 
, 
HOUSE AMENDMENT "f" to H.P. 1264, L.D. 1762 
received in the most recently completed calendar year. 
For the purposes of this 
subsection, with respect to the development of a municipal budget that is finally adopted 
after July 1,2013, a municipality may calculate net reduction in funding as the amount of 
funds received by the municipality from the State during the municipal fiscal year 
immediately preceding the fiscal year for which the budget is being developed less the 
amount of such funds that will be received during the fiscal year for which the budget is 
being prepared, as reasonably calculated on the basis of all available information. If the 
calculation required by this subsection yields a positive value, that value may be added to 
the municipality's property tax levy limit. If a municipality receives net new funds in any 
fiscal year for which its property tax levy limit has not been adjusted as provided in this 
subsection, the municipality shall adjust its property tax levy limit in the following year 
in an amount equal to the net new funds. 
Sec. 21. 30-A MRSA §7102, sub-§I, as enacted by PL 1987, c. 737, Pt. A, §2 
and Pt. C, § 106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is 
further amended to read: 
1. Schools. For school purposes as part of a school administrative unit, as defined 
in Title 20-A, section 1, subsection 26; and 
Sec. 22. 30-A MRS A §7102, sub-§2, as enacted by PL 1987, c. 737, Pt. A, §2 
and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is 
repealed. 
Sec. 23. 36 MRSA §6216, 2nd ~, as amended by PL 2013, c. 368, Pt. 00, § 13, is 
further amended to read: 
Benefits received under this chapter may not be included as income for purposes of 
any state or municipally administered public benefit program except for general 
assistance UHder Title 22, chapter 1161, unless used for basic necessities as defined in 
Title 22, seotion 430 I, subseotion 1. 
Benefits received under this chapter may be 
considered for purposes of determining eligibility for abatement under section 841, 
subsection 2. 
Sec. 24. 39-A MRSA §106, as amended by PL 1995, c. 694, Pt. D, §63 and 
affected by Pt. E, §2, is further amended to read: 
§106. Invalidity of waiver of rights; claims not assignable 
No agreement by an employee, unless approved by the board or by the Commissioner 
of Labor, to waive the employee's rights to compensation under this Act is valid. No 
claims for compensation under this Act are assignable or subject to attachment or liable in 
any way for debt, except for the enforcement of a current support obligation or support 
arrears pursuant to Title 19-A, chapter 65, subchapter H~, article 3 or Title 19-A, chapter 
65, subchapter III, or for reimbursement of general assistance purSUafl:t to Title 22, seotion 
~1.' 
Amend the bill by striking out all of section 2 and inserting the following: 
'Sec. 2. PL 2013, c. 368, Pt. S, §9 is repealed.' 
Amend the bill by striking out all of sections 4 and 5 and inserting the following: 
HOUSE AMENDMENT 
HOUSE AMENDMENT .of to H.P. 1264, L.D. 1762 
'Sec. 4. Appropriations and allocations. The following appropriations and 
allocations are made. 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY BDS) 
Mental Health Services - Community Medicaid 0732 
Initiative: Deappropriates funds due to the elimination of MaineCare reimbursement for 
methadone for the treatment of addiction to opiates. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2013-14 
$0 
$0 
2014-15 
($1,964,832) 
($1,964,832) 
Office of Substance Abuse and Mental Health Services - Medicaid Seed 0844 
Initiative: Deappropriates funds due to the elimination of MaineCare reimbursement for 
methadone for the treatment of addiction to opiates. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
HEALTH AND HUMAN SERVICES, 
DEPARTMENT OF (FORMERLY BnS) 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL-ALL FUNDS 
2013··14 
$0 
$0 
2013··14 
$0 
$0 
2014-15 
($566,990) 
($566,990) 
2014-15 
($2,531,822) 
($2,531,822) 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS) 
General Assistance - Reimbursement to Cities and Towns 0130 
Initiative: Deappropriates funds from eliminating state funding for the General Assistance 
- Reimbursement to Cities and Towns program. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Medical Care - Payments to Providers 0147 
2013-14 
2014-15 
$0 ($12,148,875) 
$0 ($12,148,875) 
HOUSE AMENDMENT 
HOUSE AMENDMENT" p, to H.P. 1264, L.D. 1762 
Initiative: Deappropriates and deallocates funds due to the elimination of MaineCare 
reimbursement for methadone for the treatment of addiction to opiates. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
Medical Care - Payments to Providers 0147 
2013-14 
$0 
$0 
2013-14 
$0 
$0 
2014-15 
($1,961,141) 
($1,961,141 ) 
2014-15 
($7,240,263) 
($7,240,263) 
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 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
Medical Care - Payments to Providers 0147 
2013-14 
$0 
$0 
2013-14 
$0 
$0 
2014-15 
($217,951) 
($217,951) 
2014-15 
($241,610) 
($241,610) 
Initiative: Reduces funding by eliminating podiatry services as an optional service in the 
MaineCare program. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2013-14 
$0 
$0 
HOUSE AMENDMENT 
2014-15 
($370,903) 
($370,903) 
HOUSE AMENDMENT" f:'to H.P. 1264, L.D. 1762 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
Medical Care - Payments to Providers 0147 
2013-14 
$0 
$0 
2014-15 
($585,423) 
($585,423) 
Initiative: Reduces funding by eliminating chiropractic 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 
2013-14 
$0 
$0 
2013-14 
$0 
$0 
2014-15 
($375,344) 
($375,344) 
2014-15 
($606,525) 
($606,525) 
Initiative: Reduces funding by reducing reimbursement to critical acc:ess hospitals from 
109% to 101 % of allowable costs. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
HEALTH AND HUMAN SERVICES, 
DEPARTMENT OF (FORMERLY DHS) 
DEPARTMENT TOTALS 
GENERAL FUND 
FEDERAL EXPENDITURES FUND 
2013-14 
2014-15 
$0 
($2,448,000) 
$0 
($2,448,000) 
2013-14 
2014-15 
$0 
($3,918,710) 
$0 
($3,918,710) 
2013··14 
2014-15 
$0 ($17,522,214) 
$0 ($12,592,531) 
HOUSE AMENDMENT 
HOUSE AMENDMENT" Fto H.P. 1264, L.D. 1762 
DEPARTMENT TOTAL-ALL FUNDS 
SECTION TOTALS 
GENERAL FUND 
FEDERAL EXPENDITURES FUND 
SECTION TOTAL - ALL FUNDS 
$0 ($30,114,745) 
2013-14 
2014-15 
$0 ($20,054,036) 
$0 ($12,592,531) 
$0 ($32,646,567) 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment retains the provision of the bill that repeals the reduction to state-
municipal revenue sharing; repeals the provision in Public Law 2013, chapter 368, Part S 
that added a transfer to state-municipal revenue sharing to the so-called cascade; and 
strikes the provisions of the bill that transfer funds from the Tax Relief Fund for Maine 
Residents and the Maine Budget Stabilization Fund. 
This amendment eliminates 
MaineCare reimbursement for methadone for the treatment of opiate addiction, 
chiropractic services, podiatry services and screening clinic services for sexually 
transmitted diseases. This amendment also eliminates state funding for municipal general 
assistance and reduces the reimbursement rate for critical access hospitals from 109% to 
101%. 
FISCAL NOTE REQUIRED 
~ (See atta~ / 
SPONSORED BY: ~ 
£ d1A--
(Representative LOCKMAN) 
TOWN: Amherst 
HOUSE AMENDMENT 
Approved: 02/07/14 
~ae 
LD 1762 
LR 2721(12) 
An Act Related to the Report of the Tax Expenditure Review Task Force 
Fiscal Note for House Amendment ,prto Original Bill 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Federal Expenditures Fund 
Transfers 
General Fund 
Fiscal Detail and Notes 
Sponsor: Rep. Lockman of Amherst 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2013-14 
FY 2014-15 
Projections 
FY 2015-16 
Projections 
FY 2016-17 
$0 
$4,945,964 
($20,054,036) 
($20,054,036) 
$0 
($20,054,036) 
($20,054,036) 
($20,054,036) 
$0 
($12,592,531) 
($12,592,531) 
($12,592,531) 
$0 
($25,000,000) 
$0 
$0 
This amendment eliminates the transfers from the Tax Relief Fund and the Maine Budget Stabilization Fund from the 
bill, which increases the General Fund cost of the bill by $25,000,000 in fiscal year 2014-15. The amendment also 
includes deappropriations that eliminate funding for a number of Department of Health and Human Services 
programs. The impact of these deappropriations on these and other department programs cannot be determined at this 
time. 
LR2721(12) - Fiscal Note - Page 1 of 1