An Act To Protect Taxpayers in the Privatization of State Services
Maine Legislature, Session 128, LD 1213
Committee Amendment CA_A_S289 (Senate)

COMMITTEE AMENDMENT "A" to S.P. 407, L.D. 1213, Bill, "An Act To 
Protect Taxpayers in the Privatization of State Services" 
Amend the bill in section 3 in chapter 21 in §482 in subsection 2 in the 8th line (page 
2, line 39 in L.D.) by striking out the following: "State Auditor" and inserting the 
following: 'Attorney General' 
Amend the bill in section 3 in chapter 21 in §482 in subsection 5 in the 2nd to last 
line (page 4, line 3 in L.D.) by striking out the following: "State Auditor" and inserting 
the following: 'Attorney General' 
Amend the bill in section 3 in chapter 21 in §482 in subsection 8 in the first 
paragraph in the first line (page 4, line 32 in L.D.) by striking out the following: "State 
Auditor" and inserting the following: 'Attorney General' 
Amend the bill in section 3 in chapter 21 in §482 in subsection 8 in the first 
paragraph in the 3rd line (page 4, line 34 in L.D.) by striking out the following: "State 
Auditor" and inserting the following: 'Attorney General' 
Amend the bill in section 3 in chapter 21 in §482 in subsection 8 in the last paragraph 
in the last line (page 5, line 10 in L.D.) by striking out the following: "State Auditor" and 
inserting the following: 'Attorney General' 
Amend the bill in section 3 in chapter 21 in §482 in subsection 9 in the last line (page 
5, line 14 in L.D.) by inserting after the following: "1825-B." the following: 'Rules 
adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.' 
Amend the bill in section 3 in chapter 21 by striking out all of §483 (page 5, lines 15 
to 41 in L.D.) and inserting the following: 
'§483. Review by Attorney General 
1. Review by Attorney General. A privatization contract submitted to the Attorney 
General becomes valid 30 business days after receipt of the certification for the contract 
required by section 482, subsection 8 unless the Attorney General notifies the agency of 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "Pr" to S.P. 407, L.D. 1213 
an objection to the contract within 30 business days of receipt of the certification. An 
objection by the Attorney General under this subsection must be in writing and state 
specifically the Attorney General's finding that the agency has failed to comply with one 
or more of the requirements of section 482, including that based on independent review 
of all the relevant facts the Attorney General finds incoffect any of the information in the 
certification required by section 482, subsection 8. The Attorney General may extend the 
time for objections for an additional period of 30 business days beyond the original 30 
business days by written notice to the agency stating the reason for the extension. 
2. Summonses by Attorney General. For the purpose of reviewing an agency's 
compliance and certification pursuant to section 482, the Attorney General or the 
Attorney General's designee may require by summons the attendance and testimony 
under oath of witnesses and the production of books, papers and other records relating to 
the review. All provisions of law relative to summonses in Title 14, chapter 203 apply to 
a summons under this subsection. 
3. Forms; rules. The Attorney General may prescribe forms and adopt rules to carry 
out the provisions of this chapter. Rules adopted pursuant to this subsection are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
4. Finality of Attorney General objection. An objection of the Attorney General 
pursuant to subsection 1 is final and binding, unless the Attorney General in writing 
withdraws the objection. If the Attorney General objects to a contract under subsection 1, 
the privatization process under section 482 is terminated unless the agency submits a 
revised certified contract to the Attorney General within 30 days of the date of the 
objection. The Attorney General shall review a revised certified contract in the same 
manner as a certified contract under subsection l.' 
SUMMARY 
This amendment is the majority report of the committee. The amendment requires 
the Attorney General, rather than the State Auditor, to conduct the review of privatization 
contracts specified in the bill. 
The amendment identifies the rules authorized to be 
adopted as routine technical rules. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 06/15/17 feac:. 
LD 1213 
LR 1147(02) 
An Act To Protect Taxpayers in the Privatization of State Services 
Fiscal Note for Bill as Amended by Committee Amendment 'b:..' (S ·..Jeq'\ 
Committee: State and Local Government 
2.) 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - General Fund 
Potential cmTent biennium savings - General Fund 
This bill will increase the workload of the Department of the Attorney General, the Department of Administrative and 
Financial Services and any department or agency involved in a privatization contract. The amount of additional 
General Fund appropriations required to support this increase cannot be estimated at this time and will depend, in 
part, on the number and complexity of contracts processed. 
To the extent that this bill leads to different decisions related to privatization contracts that exceed $500,000, there 
may be a fiscal impact. The bill requires any such contracts to cost less than the estimated cost of regular agency 
employees providing the subject services in the most cost-efficient manner. The employing agency's written analysis 
of the contract costs must include any transition costs from public to private operation, any additional unemployment 
and retirement benefits and any costs of monitoring or administering contract perfonnance. While the potential for 
savings exists, no prediction can be made of the number of instances going forward, nor of the magnitude of savings 
in such instances, where the required cost comparisons will result in savings to state agencies. 
LRl 147(02) - Fiscal Note - Page 1 of 1