An Act To Eliminate Inactive Boards and Commissions
Maine Legislature, Session 126, LD 1801
Committee: State and Local Government
Amends: 3 MRSA §168-B, 4 MRSA §191, 4 MRSA §192, 4 MRSA §193, 4 MRSA §194, 4 MRSA §196, 4 MRSA §197, 5 MRSA §12004-G, 5 MRSA §12004-I, 12 MRSA §1893-C, 20-A MRSA §19102, 20-A MRSA §19103, 20-A MRSA §19105, 20-A MRSA §19108, 20-A MRSA §19109, 20-A MRSA §19110, 22 MRSA §2175, 34-A MRSA §1209-A, 34-A MRSA §1803

Legislative Document 
No. 1801 
H.P. 1293 
House of Representatives, March 4, 2014 
An Act To Eliminate Inactive Boards and Commissions 
Reported by Representative GRAHAM of North Yarmouth for the Joint Standing 
Committee on State and Local Government pursuant to the Maine Revised Statutes, Title 5, 
section 12006, subsection 2. 
Reference to the Committee on State and Local Government suggested and ordered printed 
pursuant to Joint Rule 218. 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  3 MRSA §168-B, as enacted by PL 2009, c. 623, §2, is repealed. 
Sec. 2.  4 MRSA §191, as amended by PL 2011, c. 204, §1, is repealed. 
Sec. 3.  4 MRSA §192, as enacted by PL 1981, c. 510, §1, is amended to read: 
§192.  Personnel 
The State Court Administrator shall employ, subject to the approval of the State 
Court Library Committee, and shall supervise a professionally trained person, who shall 
be is designated the State Court Library Supervisor. The supervisor shall have has general 
supervision of the professional functions of all county law libraries, and shall visit all 
libraries whenever necessary, meet with county law library committees, coordinate 
activities with the court administrator's offices, advise staff members of the clerks of 
courts and carry out any additional duties assigned by the State Court Library Committee 
Administrator. 
The law libraries in locations without employees shall be are maintained by the 
offices of the clerks of courts and the duties of each clerk's office shall be are specified by 
the State Court Administrator, subject to the approval of the State Court Library 
Committee. 
Sec. 4.  4 MRSA §193, as amended by PL 2011, c. 204, §2, is further amended to 
read: 
§193.  System of law libraries 
There must be a system of law libraries accessible to all citizens within the State, 
under the supervision of the State Court Library Committee. 
These libraries must be located in: 
Androscoggin County, Auburn; 
Aroostook County, Caribou; 
Aroostook County, Houlton; 
Cumberland County, Portland; 
Franklin County, Farmington; 
Hancock County, Ellsworth; 
Kennebec County, Augusta; 
Knox County, Rockland; 
Lincoln County, Wiscasset; 
Oxford County, South Paris; 
Penobscot County, Bangor; 
Piscataquis County, Dover-Foxcroft; 
Sagadahoc County, Bath; 
Somerset County, Skowhegan; 
Waldo County, Belfast; 
Washington County, Machias; and 
York County, Alfred. 
All funds appropriated by the Legislature for the use and benefit of the law libraries 
must be paid to the Administrative Office of the Courts and must be disbursed by that 
office under the direction of the State Court Library Committee. 
The libraries located at Bangor and Portland are to serve as regional court law library 
centers.  The State Court Library Committee Administrator or the State Court 
Administrator's designee shall allocate specific funds, in addition to the resources 
received by the other law libraries, to the regional court law library centers in Bangor and 
Portland to purchase legal resources, library equipment and supplies and necessary 
personnel.  Both regional court libraries must receive the same funds. 
All other law libraries must have access to the regional court law library centers for 
the resources not available locally. 
Sec. 5.  4 MRSA §194, as enacted by PL 1981, c. 510, §1, is repealed. 
Sec. 6.  4 MRSA §196, as amended by PL 2001, c. 250, §4, is further amended to 
read: 
§196.  Duties, county committee 
The County Law Library Committee shall, in conjunction with the State Court 
Library Committee, establish local operating policies, such as, but not limited to, hours, 
circulation policies and photocopy privileges. Each county committee shall exercise 
supervision over the expenditures of private and nonstate funds, including endowments, 
and may use those funds to upgrade its county law library.  Each county committee shall 
determine space requirements, with the advice and assistance of the State Court Library 
Committee. 
Sec. 7.  4 MRSA §197, 2nd ¶, as amended by PL 1981, c. 698, §4, is further 
amended to read: 
The treasurer shall, annually, before the last Wednesday in July, deposit in the office 
of the State Court Library Committee Administrator a statement of the funds received and 
expended by the treasurer during the preceding fiscal year. 
Sec. 8.  5 MRSA §§322 to 326, as enacted by PL 1993, c. 590, §1, are repealed. 
Sec. 9.  5 MRSA §12004-G, sub-§23, as enacted by PL 1987, c. 786, §5, is 
repealed. 
Sec. 10.  5 MRSA §12004-I, sub-§3-C, as enacted by PL 2005, c. 186, §1, is 
repealed. 
Sec. 11.  5 MRSA §12004-I, sub-§18-C, as enacted by PL 2001, c. 358, Pt. II, §1 
and amended by PL 2003, c. 20, Pt. TT, §1, is repealed. 
Sec. 12.  5 MRSA §12004-I, sub-§47-H, as enacted by PL 2011, c. 412, §1, is 
repealed. 
Sec. 13.  5 MRSA §12004-I, sub-§54-C, as amended by PL 2009, c. 623, §3, is 
repealed. 
Sec. 14.  5 MRSA §12004-I, sub-§74-E, as enacted by PL 2007, c. 377, §3, is 
repealed. 
Sec. 15.  5 MRSA §12004-I, sub-§75-B, as enacted by PL 1993, c. 590, §2, is 
repealed. 
Sec. 16.  12 MRSA §1893-C, as enacted by PL 2005, c. 186, §2, is repealed. 
Sec. 17.  20-A MRSA §19102, sub-§2, as amended by PL 2001, c. 358, Pt. II, §3 
and PL 2003, c. 20, Pt. TT, §1, is further amended to read: 
2.  Learning technology plan.  The use of the fund must be based on a learning 
technology plan, referred to in this section as the "plan," developed annually beginning 
for school year 2002-03 by the commissioner with the advice of the advisory board 
established under section 19109 and adopted by the Legislature.  The annual plan must be 
designed to achieve the goal of preparing students for a future economy that relies on 
technology and innovation. 
The plan developed annually by the commissioner and the advisory board must include, 
but is not limited to, consideration of the following: 
A.  The appropriate structure, governance and oversight of the fund; 
B.  The current use of learning technology in classrooms in the State; 
C.  The current readiness of faculty to use technology in teaching; 
D.  The professional development needed to integrate technology into classroom 
teaching; 
E.  Assessment of the strategy and goals for improving and equalizing access to and 
the use of learning technology in all schools; 
F.  A plan for implementing the plan in several phases, with Phase I implementing the 
plan for all schools, students and teachers at the 7th and 8th grade levels; 
G.  Strategies that coordinate the resources and goals of the fund and the plan with a 
network of schools and libraries in the State administered by the Public Utilities 
Commission and the telecommunications education access fund; 
H.  Strategies that coordinate learning technology in kindergarten to grade 12 
education with initiatives and resources of the State's postsecondary education 
institutions; and 
I.  Data tracking and assessment of the progress of implementing the goals of the 
fund and the plan. 
Sec. 18.  20-A MRSA §19102, sub-§4, as enacted by PL 2011, c. 380, Pt. CC, §1, 
is amended to read: 
4.  Learning technology program; evaluation for implementation in grades 7 to 
12.  Notwithstanding any other provision of law, the commissioner shall conduct an 
annual comprehensive review of the learning technology program and 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 education matters on the progress and results of the comprehensive review by 
February 15th annually.  In conducting the comprehensive review, the commissioner 
shall: 
A.  Through a competitive bidding process consistent with Title 5, chapter 155, 
subchapter 1-A contract with an education policy research institute to assess the 
effect of the laptop program on student performance in achieving the content 
standards and performance indicators established by the statewide system of learning 
results established in section 6209 using valid, standardized assessment measures; 
B.  Identify high-need areas for improvements in students' learning and skills; 
C.  Provide targeted training and professional development of teachers from the 7th 
to 12th grade who participate in the laptop program; and 
D.   Contract with an education policy research institute to conduct a biennial audit 
including an evaluation of the costs, effectiveness and achievement outcomes of the 
learning technology program. 
The commissioner, with advice from the advisory board, shall submit a report that 
includes findings and recommendations, including suggested legislation to revise and 
update chapter 606-B and this chapter, for presentation 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 education matters by 
January 31st annually. 
Sec. 19.  20-A MRSA §19103, sub-§2, as enacted by PL 2001, c. 358, Pt. II, §4 
and amended by PL 2003, c. 20, Pt. TT, §1, is further amended to read: 
2.  Fundraising plan.  The commissioner and the Commissioner of Administrative 
and Financial Services shall, for the duration of the fund, identify and submit grant and 
fundraising proposals in support of the priorities of the learning technology plan 
established pursuant to section 19102 to federal, corporate, foundation or other 3rd-party 
sources as appropriate. 
In conjunction with the advisory board established under section 19109, the The 
commissioner and the Commissioner of Administrative and Financial Services shall 
develop a plan for fundraising and identifying grant sources that is designed to raise 
sufficient funds to enable the learning technology plan to expand to the secondary school 
level.  The fundraising plan must identify specific funding sources, as appropriate, 
timelines and an assessment of the probability of success. 
In order to preserve the integrity of the educational purposes of the learning technology 
plan, all fundraising and grant proposals must be consistent with the goals and terms of 
the learning technology plan.  The commissioner and the Commissioner of 
Administrative and Financial Services in conjunction with the advisory board established 
under section 19109 shall develop any necessary guidelines for fundraising and grant 
proposals in order to carry out this requirement. 
Sec. 20.  20-A MRSA §19105, sub-§1, as enacted by PL 2001, c. 358, Pt. II, §6, 
is amended to read: 
1.  Annual plan recommendation.  Prior to December 15th of each year, the 
commissioner, after consultation with the advisory board established under section 19109 
and the Commissioner of Administrative and Financial Services and after receiving the 
approval of the state board, shall recommend to the Governor and the Department of 
Administrative and Financial Services, Bureau of the Budget the funding level for 
implementing the annual learning technology plan. 
Sec. 21.  20-A MRSA §19108, sub-§2, as enacted by PL 2001, c. 358, Pt. II, §6, 
is repealed. 
Sec. 22.  20-A MRSA §19109, as enacted by PL 2001, c. 358, Pt. II, §6 and 
amended by PL 2003, c. 20, Pt. TT, §1, is repealed. 
Sec. 23.  20-A MRSA §19110, as enacted by PL 2001, c. 358, Pt. II, §6, is 
repealed. 
Sec. 24.  22 MRSA §2175, sub-§§1 to 3, as amended by PL 2011, c. 587, §1, are 
further amended to read: 
1.  Program established; training approval.  The Maine Wild Mushroom 
Harvesting Certification Program is established to ensure that properly trained persons 
harvest, broker and sell wild mushrooms in order to protect public health and the safety of 
the food supply.  The program is administered by the Department of Health and Human 
Services for the purpose of establishing training and certification requirements for 
persons who commercially harvest, broker or sell wild mushrooms in this State.  The 
Commissioner of Health and Human Services shall approve training programs provided 
by persons or entities outside the department in accordance with the recommendations of 
the Maine Wild Mushroom Harvesting Advisory Committee under subsection 5. 
2.  Certification of wild mushroom harvesters, brokers or sellers.  The 
Commissioner of Health and Human Services, upon consultation with the Maine Wild 
Mushroom Harvesting Advisory Committee under subsection 5, shall certify persons with 
appropriate training in mushroom harvesting, brokering or selling to sell, transfer or 
otherwise deliver wild mushrooms within the State.  Certification is valid for a period not 
to exceed 5 years, unless the Department of Health and Human Services, by rule, 
establishes another certification period. 
3.  Refusal to certify; revocation of certification.  The Department of Health and 
Human Services may decline to certify any person determined to lack the appropriate 
training to safely harvest, broker or sell wild mushrooms, in accordance with 
recommendations of the Maine Wild Mushroom Harvesting Advisory Committee under 
subsection 5 and rules adopted by the Department of Health and Human Services 
pursuant to this section.  The Department of Health and Human Services may revoke, in 
accordance with the Maine Administrative Procedure Act, the certification of any person 
in accordance with recommendations of the Maine Wild Mushroom Harvesting Advisory 
Committee and rules adopted by the Department of Health and Human Services pursuant 
to this section. 
Sec. 25.  22 MRSA §2175, sub-§4-A is enacted to read: 
4-A.  Advisory role of Director of the Maine Center for Disease Control and 
Prevention.  The Director of the Maine Center for Disease Control and Prevention within 
the Department of Health and Human Services shall advise the Commissioner of Health 
and Human Services on the following: 
A.  Certification of individuals who have completed approved training to engage in 
the harvesting, brokering or selling of wild mushrooms in this State; and 
B.  Wild mushroom harvesting training programs and certification. 
Sec. 26.  22 MRSA §2175, sub-§5, as amended by PL 2011, c. 587, §1 and c. 
657, Pt. W, §5, is repealed. 
Sec. 27.  34-A MRSA §1209-A, as amended by PL 2007, c. 653, Pt. A, §§21 to 
24, is repealed. 
Sec. 28.  34-A MRSA §1803, sub-§5, ¶B, as enacted by PL 2007, c. 653, Pt. A, 
§30, is repealed. 
SUMMARY 
This bill eliminates boards and commissions that have failed to file an annual report 
as required by the Maine Revised Statutes, Title 5, section 12005-A for both 2012 and 
2013 and those that have reported inactivity during 2012 and 2013. 
1.  The board eliminated for failing to file an annual report is: 
A.  The Advisory Board of the Maine Learning Technology Fund. 
2.  The boards and commissions eliminated for inactivity are: 
A.  The ATV Trail Advisory Council; 
B.  The Blaine House Commission; 
C.  The Legislative Youth Advisory Council; 
D.  The Maine Wild Mushroom Harvesting Advisory Committee; 
E.  The State Court Library Committee; and 
F.  The State Sentencing and Corrections Practices Coordinating Council. 
This bill is reported out by the Joint Standing Committee on State and Local 
Government pursuant to Title 5, section 12006, subsection 2.  As authorized by the law, 
and based on the Secretary of State's submission of boards and commissions to eliminate, 
the bill eliminates boards and commissions that have not reported on their activities to the 
Secretary of State for the last 2 calendar years or have been inactive during the preceding 
months.  
The committee has not taken a position on the substance of the bill and by reporting 
this bill out the committee is not suggesting and does not intend to suggest that it agrees 
or disagrees with any aspect of this bill.  The committee is reporting the bill out for the 
sole purpose of turning the draft into a printed bill that can be referred to the committee 
for an appropriate public hearing and subsequent processing in the normal course.  The 
committee is taking this action to ensure clarity and transparency in the legislative review 
of this bill.