An Act To Eliminate Inactive Boards and Commissions
Maine Legislature, Session 127, LD 1624
Committee: State and Local Government
Amends: 3 MRSA §168-B, 5 MRSA §1547, 5 MRSA §1825-T, 5 MRSA §12004-G, 5 MRSA §12004-I, 5 MRSA §15303, 7 MRSA §352, 7 MRSA §353, 10 MRSA §949, 12 MRSA §1893-C, 12 MRSA §6072-D, 12 MRSA §6080, 22 MRSA §271, 22 MRSA §272, 22 MRSA §328, 22 MRSA §8708-A, 24-A MRSA §6951, 24-A MRSA §6952, 38 MRSA §470-C

Legislative Document 
No. 1624 
H.P. 1103 
House of Representatives, March 1, 2016 
An Act To Eliminate Inactive Boards and Commissions 
Reported by Representative MARTIN of Sinclair 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. 
ROBERT B. HUNT 
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Sec. 1.  3 MRSA §168-B, as enacted by PL 2009, c. 623, §2, is repealed. 
Sec. 2.  4 MRSA c. 35, as amended, is repealed. 
Sec. 3.  5 MRSA §1547, sub-§7, as enacted by PL 2003, c. 451, Pt. F, §2 and 
amended by c. 600, §4, is further amended to read: 
7.  Other related organizations.  All legislatively created public instrumentalities 
and related organizations for which the State is financially accountable or that have a 
significant relationship with the State as defined by a governmental accounting standards 
board that are not included in subsection 3, including but not limited to eligible 
institutions as defined in section 13103, and that receive funds from bond issues must 
comply with the fiscal reporting policies established by the State Controller.  The fiscal 
and reporting policies must include: 
A.  Internal control standards required by section 1541, subsection 10-A; 
B.  Quarterly reporting to the State Controller that includes a detail of transactions 
and reconciliation of all accounts; 
C.  No later than October 15th annually, submission to the Department of 
Administrative and Financial Services, Office of the State Controller of all financial 
statements and schedules of expenditures of federal awards; 
D.  Financial statements that are prepared in accordance with the standards and 
requirements established by a governmental accounting standards board; and 
E.  Submission annually to the Department of Administrative and Financial Services, 
Office of the State Controller of a copy of the independent auditor's report, including 
any findings, recommendations and management letter comments, and any other 
materials considered necessary by the State Controller. 
Legislatively created public instrumentalities and other related organizations required to 
comply under this subsection who must also comply with the federal Office of 
Management and Budget circulars, regulations issued by a governmental accounting 
standards board or other accounting, auditing and reporting requirements may submit that 
information to the State Controller to satisfy the requirements of this subsection. 
Sec. 4.  5 MRSA §1825-T, as enacted by PL 2007, c. 193, §4, is repealed. 
Sec. 5.  5 MRSA §12004-G, sub-§3-D, as enacted by PL 2005, c. 559, §1, is 
repealed. 
Sec. 6.  5 MRSA §12004-G, sub-§4-B, as enacted by PL 2001, c. 196, §1, is 
repealed. 
Sec. 7.  5 MRSA §12004-G, sub-§23-A, as enacted by PL 1995, c. 451, §2, is 
repealed. 
Sec. 8.  5 MRSA §12004-I, sub-§3-C, as enacted by PL 2005, c. 186, §1, is 
repealed. 
Sec. 9.  5 MRSA §12004-I, sub-§29-D, as amended by PL 2013, c. 588, Pt. A, 
§5, is repealed. 
Sec. 10.  5 MRSA §12004-I, sub-§30-A, as enacted by PL 2003, c. 469, Pt. A, 
§4, is repealed. 
Sec. 11.  5 MRSA §12004-I, sub-§36-D, as enacted by PL 1997, c. 560, Pt. D, 
§1, is repealed. 
Sec. 12.  5 MRSA §12004-I, sub-§54-C, as amended by PL 2009, c. 623, §3, is 
repealed. 
Sec. 13.  5 MRSA §12004-I, sub-§57-C, as reenacted by PL 2011, c. 598, §1, is 
repealed. 
Sec. 14.  5 MRSA c. 383, sub-c. 5-A, as amended, is repealed. 
Sec. 15.  5 MRSA §15303, sub-§6-B, as enacted by PL 2001, c. 196, §10, is 
repealed. 
Sec. 16.  7 MRSA §352, as enacted by PL 2005, c. 559, §2, is repealed. 
Sec. 17.  7 MRSA §353, as amended by PL 2009, c. 652, Pt. A, §5, is repealed. 
Sec. 18.  10 MRSA §949, sub-§2, ¶B, as enacted by PL 2007, c. 420, §7, is 
amended to read: 
B.  Thirty Twenty-six members appointed by the Governor: 
(1)  Seven representatives from the for-profit business community within the 7 
targeted technologies as defined in Title 5, section 15301; 
(2)  Seven representatives involved with nonprofit research institutions within the 
targeted technologies as defined in Title 5, section 15301; 
(3)  Four representatives of the Maine Biomedical Research Board established 
pursuant to Title 5, section 12004-G, subsection 4-B; 
(4)  Two representatives from nonprofit research laboratories with main offices 
or headquarters in this State and demonstrated expertise and credentials in marine 
research; 
(5)  One representative of the University of Maine and one representative of the 
University of Southern Maine; 
(6)  Four representatives of private universities and colleges within the State; 
(7)  One representative of the University of Maine Center for Law and 
Innovation; 
(8)  One representative of the Small Enterprise Growth Program as established in 
section 381; and 
(9)  Two representatives with demonstrated expertise in venture capital. 
Sec. 19.  12 MRSA §1893-C, as enacted by PL 2005, c. 186, §2, is repealed. 
Sec. 20.  12 MRSA §6072-D, sub-§5, as amended by PL 2011, c. 598, §7, is 
further amended to read: 
5.  Reports.  The commissioner shall report annually to the Aquaculture Advisory 
Council under section 6080 joint standing committee of the Legislature having 
jurisdiction over marine resources matters on all expenditures made from the fund in the 
previous fiscal year and a summary of work accomplished and planned. 
Sec. 21.  12 MRSA §6080, as reenacted by PL 2011, c. 598, §9, is repealed. 
Sec. 22.  22 MRSA §271, sub-§2, as enacted by PL 1997, c. 560, Pt. D, §2, is 
repealed. 
Sec. 23.  22 MRSA §272, sub-§1, as enacted by PL 1997, c. 560, Pt. D, §2, is 
amended to read: 
1.  Program established.  The Tobacco Prevention and Control Program is 
established in the bureau.  The purposes of the program are to prevent the State's youths 
from ever using tobacco products and to assist youths and adults who currently smoke 
cigarettes and use other tobacco products to discontinue that use.  The program includes 
the following components: 
A.  An ongoing, major media campaign to: 
(1)  Educate the public about the health hazards, costs and other relevant facts 
surrounding the use of tobacco products; 
(2)  Encourage young people not to begin using tobacco products; 
(3)  Motivate the users of tobacco products to discontinue smoking; and 
(4)  Encourage public acceptance of smoke-free environments; 
B.  Grants for funding community-based programs aimed at tobacco prevention and 
control, including funding of tobacco prevention and control education for those 
school administrative units that choose to offer such programs to primary, middle and 
high school students; for community-based enforcement of state tobacco control 
laws, including sales to minors and for cessation services; 
C.  Procedures for monitoring and evaluating the prevention and control program, 
including: 
(1)  Monitoring and maintaining the program's effectiveness through an 
evaluation of each component; and 
(2)  Assessing the prevalence of the use of tobacco products and knowledge 
about and attitudes towards such use on a statewide and community basis; and 
D.  In conjunction with law enforcement and other state and federal agencies, 
increased law enforcement efforts to increase compliance with laws regarding the 
transportation, distribution and sale of cigarettes and tobacco products. 
The bureau shall administer the program with the review and advice provided by the 
council in subsection 2 and may contract for professional services to carry out the 
program. 
Sec. 24.  22 MRSA §272, sub-§2, as amended by PL 2011, c. 657, Pt. AA, §58, is 
repealed. 
Sec. 25.  22 MRSA §328, sub-§17-A, ¶C, as amended by PL 2011, c. 424, Pt. A, 
§2 and affected by Pt. E, §1, is further amended to read: 
C.  The addition in the private office of a health care practitioner, as defined in Title 
24, section 2502, subsection 1-A, of new technology that costs $3,200,000 or more. 
The department shall consult with the Maine Quality Forum Advisory Council 
established pursuant to Title 24-A, section 6952, prior to determining whether a 
project qualifies as a new technology in the office of a private practitioner.  With 
regard to the private office of a health care practitioner, "new health service" does not 
include the location of a new practitioner in a geographic area. 
Sec. 26.  22 MRSA §8708-A, as enacted by PL 2003, c. 469, Pt. C, §28, is 
amended to read: 
§8708-A.  Quality data 
The board shall adopt rules regarding the collection of quality data.  The board shall 
work with the Maine Quality Forum and the Maine Quality Forum Advisory Council 
established in Title 24-A, chapter 87, subchapter 2 to develop the rules. The rules must be 
based on the quality measures adopted by the Maine Quality Forum pursuant to Title 
24-A, section 6951, subsection 2.  The rules must specify the content, form, medium and 
frequency of quality data to be submitted to the organization.  In the collection of quality 
data, the organization must minimize duplication of effort, minimize the burden on those 
required to provide data and focus on data that may be retrieved in electronic format from 
within a health care practitioner's office or health care facility.  As specified by the rules, 
health care practitioners and health care facilities shall submit quality data to the 
organization.  Rules adopted pursuant to this section are major substantive rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 27.  24-A MRSA §6951, first ¶, as amended by PL 2009, c. 359, §5 and 
affected by §8, is further amended to read: 
The Maine Quality Forum, referred to in this subchapter as "the forum," is 
established within Dirigo Health.  The forum is governed by the board with advice from 
the Maine Quality Forum Advisory Council pursuant to section 6952.  The forum must be 
funded, at least in part, through the savings offset payments made pursuant to former 
section 6913 and the access payment pursuant to section 6917. Except as provided in 
section 6907, subsection 2, information obtained by the forum is a public record as 
provided by Title 1, chapter 13, subchapter 1.  The forum shall perform the following 
duties. 
Sec. 28.  24-A MRSA §6951, sub-§2, as enacted by PL 2003, c. 469, Pt. A, §8, is 
amended to read: 
2.  Quality and performance measures.  The forum shall adopt a set of measures to 
evaluate and compare health care quality and provider performance. The measures must 
be adopted with guidance from the advisory council pursuant to section 6952. The quality 
measures adopted by the forum must be the basis for the rules for the collection of quality 
data adopted by the Maine Health Data Organization pursuant to Title 22, section 
8708-A. 
Sec. 29.  24-A MRSA §6952, as amended by PL 2011, c. 90, Pt. J, §24, is 
repealed. 
Sec. 30.  38 MRSA §470-C, sub-§10, as enacted by PL 2011, c. 120, §6, is 
amended to read: 
10.  Agricultural producers.  An agricultural producer that is subject to rules 
adopted under section 470-H and the provisions of Title 7, section 353. 
SUMMARY 
This bill eliminates boards and commissions that have reported inactivity during 2014 
and 2015.  The boards and commissions eliminated for inactivity are: 
1.  The Aquaculture Advisory Council; 
2.  The ATV Trail Advisory Council; 
3.  The Citizens' Code of Conduct Working Group; 
4.  The Judicial Compensation Commission; 
5.  The Legislative Youth Advisory Council; 
6.  The Maine Agricultural Water Management Board; 
7.  The Maine Biomedical Research Board; 
8.  The Maine Quality Forum Advisory Council; and 
9.  The Tobacco Prevention and Control Advisory Council. 
This bill is reported out by the Joint Standing Committee on State and Local 
Government pursuant to the Maine Revised Statutes, Title 5, section 12006, subsection 2. 
As authorized by the law, and based on the Secretary of State's submission of 
recommendations regarding which boards and commissions to eliminate, the bill 
eliminates boards and commissions that have been inactive during the preceding 24 
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.