An Act To
Maine Legislature, Session 127, LD 1549
Committee Amendment CA_A_H536 (House)
Amends: 10 MRSA §372, 10 MRSA §374, 10 MRSA §376, 10 MRSA §377

COMMITTEE AMENDMENT "A" to H.P. 1056, L.D. 1549, Bill, "An Act To 
Amend the Laws Governing Oversight of and Responsibility for the Kim Wallace 
Adaptive Equipment Loan Program Fund" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 10 MRSA §372, sub-§1, as amended by PL 2005, c. 191, §1, is further 
amended to read: 
1. Creation of fund. There is established the Kim Wallace Adaptive Equipment 
Loan Program Fund, which must be used to provide funding for loans to qualified 
borrowers within the State in order to acquire adaptive equipment designed to assist the 
borrower in becoming independent and for other purposes as allowed under section 376. 
The fund must be deposited with; and maintained aHG aamiaisterea by the Finance 
Authority of Maine or other state agency and contain appropriations provided for that 
purpose, interest accrued on the fund balance, funds received by the board to be applied 
to the fund and funds received in repayment of loans. This fund is a nonlapsing revolving 
fund. All money in the fund must be continuously applied to carry out the purposes of 
this chapter. 
Sec. 2. 10 MRSA §374, as amended by PL 2005, c. 191, §§2 to 4, is further 
amended to read: 
§374. Duties of board 
The board sha.JJ have has the following powers and duties. 
1. Receipt of money and property. The board may accept and receive gifts, grants, 
bequests or devises from any source, including funds from the Federal Government or 
any of its political subdivisions. 
2. Contracts. The board may, with the approval of the Governor, enter into any 
necessary contracts and agreements with appropriate state er eeHHHHBitv eased ~m±Bs 
aealiB!! 1uith aisaelea oerS0BS entities. 
Page I - 127LR2426(02)-1 
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COMMITTEE AMENDMENT" A" to H.P. 1056, L.D. 1549 
3. 
Administer loan program. 
The board shall administer the Kim Wallace 
Adaptive Equipment Loan Program Fund established by this chapter and may contract 
with the Fiaaaee AHtherity ef Mai:Re aaa state er eefflffil:HHty based greHf)S aealiag vlith 
eisablea f)erseas appropriate entities for such assistance in administering the program as 
the board may require. The board may employ persons, including private legal counsel 
and financial experts, on either a temporary or permanent basis, in order to carry out any 
of its powers and duties. Employees of the board are not subject to Title 5, chapter 71 
and Title 5, chapter 372, subchapter 2. 
4. Rules. The board may adopt rules to carry out the purposes of this chapter. 
Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, 
chapter 375, subchapter II-A 2-A. The rules must ensure that: 
A. 
Individuals and business entities are eligible for loans; and 
B. 
A preference is given for loans to qualifying individual borrowers seeking loans 
to acquire adaptive equipment for personal, family or household purposes;-tlfl0~ 
D. 
Leaa QJJf)lieatieas may be af)f)re•;ea er aeBiea ~, the bears el'li)' at: a regttlar er 
~eeial meetiag exeef)t as fellews: 
(1) Af)t)l'e¥al ef awlieatieas fer leaas may be delegated by the bears te a 
sHbeemmittee ef the beard eeataiai.ag at least 5 members if aa af)f)lieaat weHla 
sHffer l:IB.0'1:le hardshif) by 1Naitiag fer the ae1lt regttlar meetiag: er 
(2) Af)f)re•;al ef awlieatieas fer leaas may be delegated te eHtsiae eeatraeters 
with eriteria aB0 terms as areyiaea by the beard aaa aBareYe0 Be less than 
aB:llHally. 
AU aJJf)re11ea leaas mHst be ratified by the beard at the beard's aext regtilar er Sf)eeial 
meetiag. All leaas reeemmeadea fer deaial by the eelegatea aHtherity mHst be aetea 
Hf)eB by the beard at the beard's aext regttlar er Sf)eeial meetiag. 
5. Loan awards. Loan applications may be approved or denied by the board or by 
an entity with which the board has contracted to provide financial services pursuant to 
subsection 2, referred to in this subsection as "the financial services provider," and 
appeals from denials may be made to the board in accordance with this subsection. 
A. The board or the financial services provider shall approve all loan applications 
that meet the following criteria: 
(1) The application is consistent with the underwriting guidelines proposed by 
the financial services provider and approved at least annually by the board; and 
(2) The loan will be used for a purpose established in section 376. 
B. The financial services provider shall submit a report to the board at least monthly 
identifying the number of loan applications received and the number of applications 
approved and denied during the period covered by the report as well as the number of 
applications for which no decision has yet been rendered. 
C. A loan applicant may appeal a denial by the financial services provider to the 
board by submitting a written notice to the financial services provider within 30 days 
of the date of the denial. The financial services provider shall notify the board of the 
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COMMITTEE AMENDMENT ·-A" to H.P. 1056, L.D. 1549 
appeal and provide the board with copies of the application at the next regularly 
scheduled board meeting. 
The board shall grant the appeal if it finds that the 
financial services provider inappropriately applied the criteria in paragraph A. 
Sec. 3. 10 MRSA §376, first ,, as amended by PL 2003, c. 99, §2, is further 
amended to read: 
The board or an entity with which the board has contracted to provide financial 
services pursuant to section 374, subsection 2 may award loans to qualifying borrowers 
for the following purposes: 
Sec. 4. 10 MRSA §377, first,, as enacted by PL 2003, c. 99, §3, is amended to 
read: 
The board or an entity with which the board has contracted to provide financial 
services pursuant to section 374, subsection 2 may award loans for the purpose of 
assisting persons with disabilities to purchase used vehicles necessary to obtain or retain 
employment or employment training, subject to the following limitations.' 
SUMMARY 
This amendment replaces the bill. 
It authorizes the Kim Wallace Adaptive 
Equipment Loan Program Fund Board to contract with appropriate entities, including a 
financial services provider, for assistance in administering the program. The board or 
financial services provider may approve or deny a loan application based on its 
determination of whether the application meets the purposes of the fund and satisfies the 
underwriting guidelines approved by the board. 
Applicants whose applications are 
denied by a financial services provider may appeal to the board for reconsideration. 
COMMITTEE AMENDMENT