An Act To Appropriate Sufficient Funds for Indigent Legal Services
Maine Legislature, Session 126, LD 0396
Committee Amendment CA_A_H123 (House)
Amends: 4 MRSA §1804

COMMITTEE AMENDMENT" Pr to H.P. 271, L.D. 396, Bill, "An Act To 
Appropriate Sufficient Funds for Indigent Legal Services" 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the rules of the Maine COlmnission on Indigent Legal Services 
concerning the rates to be paid to counsel are routine technical rules under the Maine 
Administrative Procedure Act; and 
Whereas, the Legislature has detelmined that because sufficient appropriations are 
required to fund indigent legal services, it is appropriate that the rates be set through 
major substantive rulemaking so that the Legislature has an opportunity to oversee the 
rates before they are adjusted; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
2S 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 4 MRSA §1804, sub-§4, ~D, as enacted by PL 2009, c. 419, §2, is 
amended to read: 
D. Adopt rules to carry out the purposes of this chapter. Rules adopted pursuant to 
this paragraph are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A, except that rules adopted to establish standards under subsection 2, 
paragraph B and rates of compensation for assigned counsel and contract counsel 
under subsection 2, paragraph F are major substantive rules as defined in Title 5, 
chapter 375, subchapter 2-A and must be reviewed before final approval by the joint 
standing committee of the Legislature having jurisdiction over judiciary matters; and 
COMMITTEE AMENDMENT 
~ .. " 
COMMITTEE AMENDMENT" A' to H.P. 271, L.D. 396 
Sec. 2. Report on financial screening. The Maine Commission on Indigent 
Legal Services shall report to the Joint Standing Committee on Judiciary by December 1, 
2013 on a plan to expand financial screening by contracting for screening services in 
addition to the current financial screeners employed by the commission. 
Sec. 3. Appropriations and allocations. The following appropriations and 
allocations are made. 
INDIGENT LEGAL SERVICES, MAINE COMMISSION ON 
Maine Commission on Indigent Legal Services Z112 
Initiative: Provides funds to increase reimbursement for indigent legal services from $50 
per hour to $60 per hour beginning July 1, 2013 and to $65 per hour beginning July 1, 
2014. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2013-14 
$2,326,806 
$2,326,806 
2014-15 
$2,398,095 
$2,398,095 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMl\1ARY 
This amendment revises the rule-making authority of the Maine Commission on 
Indigent Legal Services to provide that rules concerning the rates of compensation for 
assigned counsel and contract counsel are major substantive rules. It also amends the 
existing language concerning major substantive rules to be consistent with the Maine 
Administrative Procedure Act. 
This amendment adjusts the appropriation initiative to reflect an increase in the rate 
of reimbursement for indigent legal services to $60 per hour beginning July 1, 2013 and 
$65 per hour beginning July 1, 2014. 
This amendment directs the Maine Commission on Indigent Legal Services to report 
to the Joint Standing Committee on Judiciary by December 1, 2013 on expanding 
financial screening by contracting for the screening services. 
This amendment also adds an emergency preamble and an emergency clause. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 04/25/13 
~ac-
LD396 
LR 1342(02) 
An Act To Appropriate Sufficient Funds for Indigent Legal Services 
Fiscal Note for Bill as Amended by Committee Amendment ,4 c H -/ :2 :3 ) 
Committee: Judiciary 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2013-14 
FY 2014-15 
$2,326,806 
$2,398,095 
$2,326,806 
$2,398,095 
Projections 
FY 2015-16 
$2,398,095 
$2,398,095 
Projections 
FY 2016-17 
$2,398,095 
$2,398,095 
This bill includes a General Fund appropriation of $2,326,806 in fiscal year 2013-14 and $2,398,095 in fiscal year 
2014-15 for the Maine Commission on Indigent Legal Services to increase the reimbursement rate to $60 per hour 
beginning July 1,2013 and $65 per hour beginning July 1,2014. The Governor's proposed budget for 2014-2015 
includes funding to increase the rate to $55 per hour effective July 1,2014. This estimate of fiscal impact may need to 
be revisited based on final legislative action on the budget. 
LR1342(02) - Fiscal Note - Page 1 of 1