An Act To Establish the Trust for a Healthy Maine”
Maine Legislature, Session 129, LD 1961
Committee Amendment CA_A_H888 (House)
Amends: 5 MRSA §12004-G, 22 MRSA §1515, 22 MRSA §1511

COMMITTEE AMENDMENT “      ” to H.P. 1405, L.D. 1961, “An Act To Establish 
the Trust for a Healthy Maine”
Amend the bill by striking out everything after the enacting clause and inserting the 
following:
'Sec. 1.  5 MRSA §12004-G, sub-§14-J is enacted to read:
14-J.  
Health 
Trust for a Healthy 
Maine Board 
Expenses Only 
MRSA §1515 
Sec. 2.  22 MRSA c. 260-A, sub-c. 1 is enacted by adding before section 1511 the 
following to read:
SUBCHAPTER 1
FUND FOR A HEALTHY MAINE
Sec. 3.  22 MRSA §1511, sub-§2, as enacted by PL 1999, c. 401, Pt. V, §1, is 
amended to read:
2.  Sources of fund.  The State Controller shall credit to the fund:
A.  All If the Trust for a Healthy Maine established in section 1515 is repealed or 
dissolved, all money received by the State in settlement of or in relation to the lawsuit 
CV-97-134;
B.  Money from any other source, whether public or private, designated for deposit into 
or credited to the fund; and
C.  Interest earned or other investment income on balances in the fund.; and
COMMITTEE AMENDMENT “      ” to H.P. 1405, L.D. 1961
COMMITTEE AMENDMENT
D.  If the Trust for a Healthy Maine established in section 1515 is repealed or dissolved, 
all money transferred from the trust to the fund.
Sec. 4.  22 MRSA c. 260-A, sub-c. 2 is enacted to read:
SUBCHAPTER 2
TRUST FOR A HEALTHY MAINE ACT
§1513.  Short title
This subchapter may be known and cited as "the Trust for a Healthy Maine Act."
§1514.  Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Administrative costs.  "Administrative costs" means staffing, overhead and related 
operational costs, including costs for a coordinator, professional assistance and bond 
premiums, incurred by the trust in carrying out its duties under this subchapter.
2.  Board.  "Board" means the Trust for a Healthy Maine Board established under Title 
5, section 12004-G, subsection 14-J.
3.  Coordinator.  "Coordinator" means the coordinator of the Trust for a Healthy 
Maine under section 1519, subsection 2.
4.  Designated agent.  "Designated agent" means an entity with which the department 
has entered an agency relationship for the purpose of applying for federal funds to support 
public health research and programming and that is authorized by the Federal Government 
to receive those funds.
5.  Disbursement.  "Disbursement" means a decision of the trust governing how 
settlement funds are to be distributed by the trust for the purposes set forth in this 
subchapter.
6.  Health equity.  "Health equity" means the attainment of the highest level of health 
for any social group in this State, regardless of whether the social group is subject to a 
structural inequity.
7.  Medical care.  "Medical care" means direct medical care, including but not limited 
to care provided under the MaineCare program and the prescription drug program 
established under section 254-D.  "Medical care" does not include treatments provided 
under the Tobacco Prevention and Control Program established in section 272.
8.  Settlement funds.  "Settlement funds" means any money received by the State or 
any component of the State in settlement of or in relation to the lawsuit State of Maine v. 
Philip Morris, et al., Kennebec County Superior Court, Docket No. CV-97-134.
9.  Social group.  "Social group" means a group of people in this State that share similar 
social, economic, demographic, geographic or other characteristics, including, but not 
limited to, race, ethnicity, gender, gender identity, sexual orientation, class, zip code, age 
and disability.
COMMITTEE AMENDMENT “      ” to H.P. 1405, L.D. 1961
COMMITTEE AMENDMENT
10.  State health plan.  "State health plan" means the most recent plan for improving 
public health and health equity prepared by the Department of Health and Human Services, 
Maine Center for Disease Control and Prevention for accreditation by a nonprofit public 
health accreditation board dedicated to advancing the continuous quality improvement of 
tribal, state, local and territorial health departments or any successor plan identified by the 
Maine Center for Disease Control and Prevention.
11.  Structural inequity.  "Structural inequity" means the systemic disadvantage of 
one social group in the State compared to other social groups in the State as a result of law, 
policy, culture or other social structure, including, but not limited to, poverty, 
discrimination, powerlessness and access to job opportunities, quality education, housing 
or health care.
12.  Sugary drink.  "Sugary drink" means any beverage that is sweetened with various 
forms of sugars that add calories, including, but not limited to, carbonated soda, sports and 
energy drinks, sweetened rice and dairy beverages, sweetened teas and coffees and other 
sweetened fruit drinks.  "Sugary drink" does not include beverages containing only 
naturally occurring sugars, such as natural fruit juices.
13.  Systemic racism.  "Systemic racism" means the laws and institutionalized policies, 
practices or social structures that maintain and perpetuate domination by and advantages 
for the race that is socially constructed as being white to the detriment of or with the purpose 
of imposing influence or control over any other race that is socially constructed as being 
nonwhite.
14.  Trust.  "Trust" means the Trust for a Healthy Maine established in section 1515, 
subsection 1.
15.  Trustee.  "Trustee" means a member of the board.
16.  Trust fund.  "Trust fund" means the Trust for a Healthy Maine Trust Fund 
established in section 1520-E, subsection 1.
§1515.  Trust for a Healthy Maine; Trust for a Healthy Maine Board
1.  Establishment; purposes.  The Trust for a Healthy Maine is established for the 
purposes of receiving all settlement funds and other funds, redistributing that money to 
state agencies or designated agents of the State to fund tobacco use prevention and control 
at levels recommended by the United States Department of Health and Human Services, 
Centers for Disease Control and Prevention and to ensure adequate resources for other 
disease prevention efforts and promoting public health. The purposes of the trust also 
include supporting state agencies in planning and delivering public health and prevention 
programs and services, supporting accreditation of the Department of Health and Human 
Services, Maine Center for Disease Control and Prevention and supporting public health 
workforce development. The trust also provides public health expertise and evidence-based 
information to the Legislature.
2.  Governance; board.  The trust is created as a body corporate and politic and a 
public instrumentality of the State and is governed by the Trust for a Healthy Maine Board 
in accordance with this subchapter.
3.  Trustees; appointment.  The board consists of 15 trustees in accordance with this 
subsection.  A person who stands to benefit from the tobacco products, as defined in section 
COMMITTEE AMENDMENT “      ” to H.P. 1405, L.D. 1961
COMMITTEE AMENDMENT
1551, subsection 3, alcohol, marijuana or sugary drink industry is not eligible to serve as a 
trustee.
A.  The Director of the Maine Center for Disease Control and Prevention within the 
Department of Health and Human Services or the director's designee serves as an ex 
officio voting trustee.
B.  The Governor shall appoint 3 trustees in accordance with this paragraph:
(1)  A person who has clinical expertise or public health expertise, or both, in the 
science and prevention of addiction as a brain disease, selected from 
recommendations provided by a statewide organization dedicated to supporting 
physicians, advancing the quality of medicine and promoting the health of citizens 
in the State;
(2)  A person who is an employer with experience recruiting and retaining a healthy 
workforce; and
(3)  A person who has experience as a member of an advisory board of a local 
community health coalition, selected from recommendations provided by a 
statewide network of community coalitions working to enhance physical, social, 
emotional, environmental and economic health in the State.
C.  The Governor shall appoint trustees from nominations made in accordance with 
this paragraph within 30 days of receiving the nominations.
(1)  The President of the Senate shall, for each of the following 3 qualifications, 
submit to the Governor within 30 days of a vacancy 3 names for consideration:
(a)  A person who has expertise in epidemiology and infectious disease or in 
hospital-based prevention, screening and early prevention of infectious 
disease, selected from recommendations provided by the integrated health care 
delivery systems in the State and by a statewide hospital organization that 
provides advocacy, information and education in its mission to improve the 
health of patients and communities;
(b)  A person who has clinical expertise or public health expertise, or both, in 
rural primary care, selected from recommendations provided by a statewide 
organization that represents community health centers in the State; and
(c)  A person who has expertise in systemic racism and structural inequity and 
is serving on the Permanent Commission on the Status of Racial, Indigenous 
and Maine Tribal Populations, in accordance with Title 5, section 25002.
(2)  The Speaker of the House of Representatives shall, for each of the following 2 
qualifications, submit to the Governor within 30 days of a vacancy 3 names for 
consideration:
(a)  A person who has expertise in public health policy related to the leading 
causes of chronic disease, selected from recommendations provided by a 
statewide nonprofit membership organization that promotes a healthy State 
through advocacy, education, community connection and coalition-building; 
and
COMMITTEE AMENDMENT “      ” to H.P. 1405, L.D. 1961
COMMITTEE AMENDMENT
(b)  A person who has expertise in preventing the use of tobacco products and 
other addictive substances by youth and young adults.
(3)  The member of the Senate who is the leader of the party with the 2nd largest 
number of members in the Senate shall, for each of the following 2 qualifications, 
submit to the Governor within 30 days of a vacancy 3 names for consideration:
(a)  A person who has expertise in trauma, resilience and social determinants 
of health, selected from recommendations provided by a statewide network 
dedicated to building community strengths and reducing the effects of trauma; 
and
(b)  A person who represents a statewide association of public health 
professionals.
(4)  The member of the House of Representatives who is the leader of the party 
with the 2nd largest number of members in the House shall, for each of the 
following 2 qualifications, submit to the Governor within 30 days of a vacancy 3 
names for consideration:
(a)  A person who is employed as a member of the senior staff or faculty in a 
public health academic program; and
(b)  A person who has expertise in maternal and child health issues, including 
early childhood education and out-of-school child care, or school-based health.
(5)  The chiefs of the 4 federally recognized Indian tribes in the State shall, for each 
of the following 2 qualifications, submit to the Governor within 30 days of a 
vacancy 3 names for consideration:
(a)  A person who has expertise in environmental health; and
(b)  A person who has expertise in health equity or health disparity issues.
The 14 appointed trustees must be reviewed by the joint standing committee of the 
Legislature having jurisdiction over health and human services matters and approved by 
the Senate.
4.  Terms; vacancies.  Trustees serve 3-year terms.  Trustees may serve no more than 
consecutive terms.  A trustee serves on the board until the trustee is replaced.  If a trustee 
is unable to complete a term, the Governor shall consult with the board and appoint a 
replacement for the remainder of the unexpired term.  The replacement trustee must hold 
the same qualifications, set forth in subsection 3, as that of the departing trustee.
5.  Chair.  The board shall elect a chair, a vice-chair, a secretary and a treasurer from 
among the trustees. Each officer serves a one-year term in that office and is eligible for 
reelection.
6.  Meetings; quorum; remote participation.  The board shall meet at least 4 times 
each year at regular intervals and may meet at other times at the call of the chair or the 
Governor.  A majority of the trustees constitutes a quorum.  Meetings of the board are 
public proceedings as provided by Title 1, chapter 13, subchapter 1.  Notwithstanding any 
other law to the contrary, a trustee who is not physically present may participate by 
telephone or other remote-access technology in accordance with procedures established by 
the board.
COMMITTEE AMENDMENT “      ” to H.P. 1405, L.D. 1961
COMMITTEE AMENDMENT
7.  Election of subcommittees.  The board may elect an executive committee of not 
fewer than 5 trustees who, between meetings of the board, may transact such business of 
the trust as the board authorizes.  The board may also elect a planning committee.
8.  Liaison to Legislature.  The chair is the trust's liaison to the joint standing 
committee of the Legislature having jurisdiction over health and human services matters.
9.  Advisory groups.  The board may establish advisory groups as needed to gather 
technical knowledge on any aspect of public health policy or funding disbursement and to 
make recommendations to the board. Advisory groups may include persons who are not 
trustees.
10.  Removal of trustee for disciplinary reasons.  The board shall develop the reasons 
for and process of removal and replacement of trustees for disciplinary reasons.
11.  Expenses; reimbursement.  Trustees are not entitled to compensation for service 
on the board, except that, in accordance with Title 5, section 12004-G, subsection 14-J, the 
trust may reimburse travel and board-related expenses.
12.  Fiduciary duties.  A trustee has a fiduciary duty to the people of the State in the 
administration of the trust.  Upon accepting appointment as a trustee, each trustee must 
acknowledge the fiduciary duty to use the trust fund only for the purposes set forth in this 
subchapter. It is the duty of each trustee to ensure that the purposes of the trust set forth in 
this subchapter are fulfilled.
13.  Conflict of interest.  A trustee is deemed to be an executive employee for purposes 
of Title 5, sections 18, 18-A and 19.  In the operation or dissolution of the trust, a trustee, 
employee of the trust or officer of the trust or a spouse or dependent child of any of those 
individuals may not receive any direct personal benefit from the activities of the trust, 
except that the trust may pay reasonable compensation for services rendered and otherwise 
hold, manage and dispose of the trust's property in furtherance of the purposes of the trust.  
This subsection does not prohibit corporations or other entities with which a trustee is 
associated by reason of ownership or employment from participating in activities funded 
directly or indirectly by the trust if ownership or employment is made known to the board 
and the trustee abstains from all matters directly relating to that participation immediately 
upon discovery of the association.
§1516.  Powers and duties
1.  Powers.  The trust may:
A.  Receive all settlement funds;
B.  Receive money from any other source, whether public or private, designated for 
deposit into or credited to the trust;
C.  Receive funds transferred from the Fund for a Healthy Maine under subchapter 1;
D.  Through funding disbursement plans under section 1517, disburse funds; and
E.  Make recommendations to the Governor, the Legislature and other public officials 
regarding improving public health outcomes and promoting public health awareness 
and understanding.
2.  Duties.  The trust shall:
A.  Administer the trust and the trust fund;
COMMITTEE AMENDMENT “      ” to H.P. 1405, L.D. 1961
COMMITTEE AMENDMENT
B.  Promote the visibility and understanding of public health among children and 
adults;
C.  Participate in the development and promotion of a state health plan by the 
Department of Health and Human Services, Maine Center for Disease Control and 
Prevention or another planning entity and provide funding for the planning process if 
necessary;
D.  Promote multilevel planning and coordination that includes state, district, 
community and municipal decision-making and advisory boards; and
E.  Take other actions necessary and appropriate to fulfill the purposes of this 
subchapter.
§1517.  Funding disbursement plan
1.  Funding disbursement plan.  By December 31, 2022 and every 2 years thereafter, 
the board shall develop and approve a funding disbursement plan to disburse settlement 
funds and other funds it may hold or receive in the subsequent biennium.  The funding 
disbursement plan must advance the purposes of this subchapter and be based on the most 
recent state health plan and the most recent data available to the board.
2.  Input from interested parties.  Prior to adopting a funding disbursement plan 
under subsection 1 or substantially amending an existing funding disbursement plan, the 
trust shall hold at least one public hearing to receive input from interested parties, including, 
but not limited to, the Department of Health and Human Services, Maine Center for Disease 
Control and Prevention, other state agencies, organizations engaged in smoking cessation 
and public health efforts, other nongovernmental organizations, interested stakeholders, 
patients and members of the public.  The board shall establish the procedure and timelines 
for seeking input from interested parties.  The board shall determine the necessary 
circumstances, consistent with this subsection, to initiate a public hearing.  When 
considering the input of interested parties, the trust must consider zero-based budgeting 
principles and long-term returns on investment.
3.  Funding disbursement plans.  The funding disbursement plan approved by the 
board under subsection 1 for fiscal year 2023-24 must disburse an amount equal to 0.40 of 
the settlement funds projected to be received in fiscal year 2023-24 for the purpose of 
providing medical care.  The funding disbursement plan approved by the board under 
subsection 1 for fiscal year 2024-25 must disburse an amount equal to 0.20 of the settlement 
funds projected to be received in fiscal year 2024-25 for the purpose of providing medical 
care.  The funding disbursement plan approved by the board under subsection 1 for fiscal 
year 2025-26 and all subsequent fiscal years may not disburse funds for the purpose of 
providing medical care.  When approving other elements of the funding disbursement 
plans, the board shall work with the Department of Health and Human Services, Maine 
Center for Disease Control and Prevention regarding the transition of funds and consider 
funding levels in the most recent fiscal year and disburse funding in amounts that minimize 
disruption of existing programs and ensure smooth and efficient transitions to the funding 
levels required under subsection 4.
4.  Designated disbursements.  Each funding disbursement plan approved by the 
board under subsection 1 must disburse funds in accordance with the following designated 
disbursement:
COMMITTEE AMENDMENT “      ” to H.P. 1405, L.D. 1961
COMMITTEE AMENDMENT
A.  An amount that, when combined with amounts from other funding sources received 
by the Department of Health and Human Services, Maine Center for Disease Control 
and Prevention, yields a total amount available for purposes of providing 
evidence-based tobacco prevention and control programs in the State that is in 
accordance with the following:
(1)  For fiscal year 2023-24, at least 0.60 of the level recommended by the United 
States Department of Health and Human Services, Centers for Disease Control and 
Prevention must be disbursed to the Department of Health and Human Services, 
Maine Center for Disease Control and Prevention or its designated agent;
(2)  For fiscal year 2024-25, at least 0.80 of the level recommended by the United 
States Department of Health and Human Services, Centers for Disease Control and 
Prevention must be disbursed to the Department of Health and Human Services, 
Maine Center for Disease Control and Prevention or its designated agent; and
(3)  Beginning in fiscal year 2025-26 and for all subsequent fiscal years, at least 
the level recommended by the United States Department of Health and Human 
Services, Centers for Disease Control and Prevention must be disbursed to the 
Department of Health and Human Services, Maine Center for Disease Control and 
Prevention or its designated agent;
B.  An amount of the settlement funds received in the previous fiscal year must be 
disbursed to the Department of the Attorney General in accordance with the following:
(1)  For fiscal year 2023-24, an amount equal to 0.005; and
(2)  Beginning in fiscal year 2024-25 and for all subsequent fiscal years, an amount 
equal to the amount the Department of the Attorney General received in accordance 
with subparagraph (1) adjusted by the Chained Consumer Price Index as defined 
in Title 36, section 5402;
C.  An amount of the settlement funds received in the previous fiscal year must be 
disbursed to the administration fund established pursuant to section 1519, subsection 1 
in accordance with the following:
(1)  For fiscal year 2023-24, an amount equal to 0.003; and
(2)  Beginning in fiscal year 2024-25 and for all subsequent fiscal years, an amount 
equal to the amount the administration fund received in accordance with 
subparagraph (1) adjusted by the Chained Consumer Price Index as defined in Title 
36, section 5402;
D.  An amount not to exceed 0.05 of the settlement funds received in the previous fiscal 
year may be disbursed to the internal stabilization account established in subsection 6;
E.  An amount not to exceed 0.05 of the settlement funds received in the previous fiscal 
year may be disbursed to the internal flexible account established in subsection 7; and
F.  The funds remaining after making the disbursements required by paragraphs A to 
C and authorized by paragraphs D and E must be disbursed to the Health Improvement 
Funding Pool account established in subsection 5.
The designated disbursements approved by the board may not disburse settlement funds 
for the purpose of providing medical care.
COMMITTEE AMENDMENT “      ” to H.P. 1405, L.D. 1961
COMMITTEE AMENDMENT
5.  Health Improvement Funding Pool account.  The Health Improvement Funding 
Pool account is established and funded with settlement funds in accordance with subsection 
4, paragraph F.
A.  The funding disbursement plan approved by the board must disburse funds from 
the Health Improvement Funding Pool account to prioritize the advancement of health 
equity and the elimination of structural inequity.  For fiscal year 2023-24, the funding 
disbursement plan must disburse an amount equal to or greater than 0.10 of the funds 
in the Health Improvement Funding Pool account.  For fiscal year 2024-25, the funding 
disbursement plan must disburse an amount equal to or greater than 0.15 of the funds 
in the Health Improvement Funding Pool account.  For fiscal year 2025-26 and all 
subsequent years, the funding disbursement plan must disburse an amount equal to or 
greater than 0.20 of the funds in the Health Improvement Funding Pool account.  Funds 
disbursed in accordance with this paragraph must be distributed to achieve all or some 
of the following:
(1)  Improving data collection, analysis and reporting, particularly for populations 
experiencing health disparities;
(2)  Enhancing health planning that addresses and confronts systemic racism and 
structural inequity;
(3)  Supporting public-private partnerships, including comprehensive community 
health coalitions as defined in section 411, subsection 2, and organizations that 
prioritize health equity and derive meaningful leadership from the communities 
they serve;
(4)  Supporting the expansion, recruitment, retention and presence of the public 
health workforce at local, county and state levels; and
(5)  Providing training and assistance to local and state officials and entities 
providing public health services.
B.  Funds remaining in the Health Improvement Funding Pool account after the 
disbursements required in paragraph A must be for state entities or their designated 
agents that, in the board's sole determination, will use the funds efficiently and 
effectively to promote the purposes of this subchapter, implement evidence-based 
prevention and screening strategies to address the priorities of the state health plan, 
support efforts by the Department of Health and Human Services, Maine Center for 
Disease Control and Prevention to prevent disease and promote public health and 
implement strategies for building and sustaining public health capacity and 
infrastructure at the local and state levels.  These funds may not be disbursed for the 
purpose of providing medical care.
6.  Internal stabilization account.  An internal stabilization account is established 
within the trust.  In order to prevent disruptions from year to year in the amounts disbursed 
pursuant to designated disbursements under subsection 4 and to ensure continuity in the 
event of fluctuations in the amount of settlement funds received by the State, the board may 
draw upon the internal stabilization account to make additional disbursements.  The trust 
may not cause the balance in the internal stabilization account at any one time to exceed 
the amount of settlement funds received by the trust in the most recent year. The funds 
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COMMITTEE AMENDMENT
within the internal stabilization account are nonlapsing and carry forward from year to year 
for future use consistent with this subsection and do not revert to the trust fund.
7.  Internal flexible account.  An internal flexible account is established within the 
trust.  The funds in the internal flexible account may be drawn upon by the board for the 
purpose of rapidly addressing emerging public health threats, promptly implementing 
innovative promising practices or addressing other immediate unmet needs identified by 
the board in the period between approval of funding disbursement plans, consistent with 
the purposes of this subchapter.  Trustees shall consult regularly with the commissioner 
regarding emerging funding needs.  Year-end balances remaining in the internal flexible 
account lapse to the trust fund and are available for a subsequent year's funding 
disbursement plan.
8.  Informational copies of funding disbursement plans.  Upon final approval by the 
board of a funding disbursement plan, the trust shall transmit informational copies of the 
funding disbursement plan to the Governor and to the joint standing committee of the 
Legislature having jurisdiction over health and human services matters.  A funding 
disbursement plan does not require approval of the Governor or the joint standing 
committee of the Legislature having jurisdiction over health and human services matters.
9.  Report.  The trust shall produce annually a report on the results of the tobacco 
prevention and control programs funded pursuant to subsection 4, paragraph A and all other 
activities of the trust. The report must include an accounting of the funding disbursement 
plan created pursuant to this section, including identification of recipients, activities and 
amounts disbursed.  The report must include information and outcomes from the trust's 
investments pursuant to subsection 4, paragraph C.  The report may include information on 
actual health and economic outcomes from funding disbursed to date and projected 
outcomes from undertakings funded by the trust but not yet complete. The report may also 
include recommendations for changes to the laws relating to activities under the jurisdiction 
of the trust. The board must approve the report prior to its release. Upon release, the trust 
shall transmit copies of the report to the Governor and to the joint standing committee of 
the Legislature having jurisdiction over health and human services matters.  The board shall 
establish policies and practices for reporting in accordance with this subsection.
10.  Audit.  The trust must be audited at least annually by an independent certified 
public auditor.  A copy of the audit must be provided to the Governor and to the joint 
standing committee of the Legislature having jurisdiction over health and human services 
matters.
§1518.  Restrictions; construction
The trust's activity is restricted to receiving and disbursing funds and any actions 
necessary and appropriate to receive and disburse funds.  The trust may not create, manage 
or operate public health or health delivery programs.  Nothing in this subchapter may be 
construed to empower the trust to direct, manage or oversee any program, fund or activity 
of any other state agency.
§1519.  Administration
1.  Administration fund.  The board shall establish an administration fund to be used 
solely to defray administrative costs approved by the board or the coordinator.  The trust 
may annually deposit funds authorized to be used for administrative costs under this 
COMMITTEE AMENDMENT “      ” to H.P. 1405, L.D. 1961
COMMITTEE AMENDMENT
subchapter into the administration fund.  Any interest on funds in the administration fund 
must be credited to the administration fund, and any funds unspent in any fiscal year carry 
forward and remain in the administration fund to be used to defray administrative costs.  In 
any year, the board may not disburse to the administration fund an amount greater than the 
amount allowed pursuant to section 1517, subsection 4, paragraph C.  The board may also 
use the administration fund to contract for reasonable professional assistance to help review 
input received from interested parties, to develop the funding disbursement plan under 
section 1517 and to allow the board to fulfill its responsibilities under this subchapter.  The 
board shall define the roles and responsibilities of any professional assistance it contracts 
for in accordance with this subsection.
2.  Coordinator.  The board shall appoint, using a full and competitive search process, 
a qualified full-time coordinator of the trust.  The coordinator serves at the pleasure of the 
board.  The coordinator must have demonstrated experience in research and analysis of 
public health issues, in public health finance or policy or in coordination of public health 
programs or administrative support of a board in the public health sector, or closely related 
experience.  The coordinator shall assist the board in gathering and disseminating 
information, preparing for meetings, analyzing public health issues at the direction of the 
board, communicating with stakeholders, writing reports and such other board support and 
administrative functions as the board may assign.  The board shall establish the rate and 
amount of compensation of the coordinator.  The coordinator may exercise any powers 
lawfully delegated to the coordinator by the board.
3.  Bylaws.  The board shall adopt bylaws for the governance of its affairs consistent 
with this subchapter.
4.  Coordination with other entities.  Consistent with the requirements of this 
subchapter and other applicable law, the board shall coordinate the development of its 
funding disbursement plans with the Statewide Coordinating Council for Public Health, 
established under Title 5, section 12004-G, subsection 14-G, and other state agencies and 
authorities the missions of which relate to the purposes of this subchapter in order to 
minimize inefficiency and duplication and to ensure consistency and effectiveness. 
Notwithstanding any other provision of law to the contrary, upon request of the trust and 
upon the approval of the commissioner or director of the state agency receiving the request, 
other state agencies, officials and employees shall cooperate and assist in the administration 
of the trust as needed to further the purposes of this subchapter.
5.  Recommendations.  The trust may receive and shall consider any recommendations 
made by the Governor, other state agencies, the joint standing committee of oversight under 
section 1520-A and other interested entities and individuals.
§1520.  Rulemaking
The trust shall adopt rules regarding establishing and administering the trust, receiving 
public input and developing and approving funding disbursement plans.  Rules adopted 
pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, 
subchapter 2-A.
§1520-A.  Legislative oversight
The trust is subject to the oversight of the joint standing committee of the Legislature 
having jurisdiction over health and human services matters.
COMMITTEE AMENDMENT “      ” to H.P. 1405, L.D. 1961
COMMITTEE AMENDMENT
§1520-B.  Construction by court
The court shall liberally construe this subchapter to give the greatest possible effect to 
the powers and duties accorded to the trust.
§1520-C.  Freedom of access; confidentiality
The proceedings of the board and records of the trust are subject to the freedom of 
access laws under Title 1, chapter 13, subchapter 1.
§1520-D.  Liability
1.  Bond.  All officers, directors, employees and other agents of the trust entrusted with 
the custody of funds of the trust or authorized to disburse the funds of the trust must be 
bonded either by a blanket bond or by individual bonds with a minimum of $100,000 
coverage for each person, or equivalent fiduciary liability insurance, conditioned upon the 
faithful performance of their duties.  The premiums for the bond or bonds are administrative 
costs of the trust.
2.  Indemnification.  Each trustee must be indemnified by the trust against expenses 
actually and necessarily incurred by the trustee in connection with the defense of any action 
or proceeding in which the trustee is made a party by reason of being or having been a 
trustee and against any final judgment rendered against the trustee in that action or 
proceeding.
§1520-E.  Trust for a Healthy Maine Trust Fund
1.  Establishment.  The Trust for a Healthy Maine Trust Fund is established as a 
nonlapsing fund administered exclusively by the trust solely for the purposes established 
in this subchapter.
2.  Tobacco settlement funds.  Notwithstanding any provision of law to the contrary, 
the State Controller shall credit to the trust fund all settlement funds immediately upon 
receipt by the State.
3.  Administration of trust fund.  The trust fund may not be used for any purpose 
other than that set forth in this subchapter, and money in the trust fund is held in trust for 
the purposes of this subchapter.  All money received by the trust must be deposited in the 
trust fund for distribution by the trust in accordance with this subchapter.  The trust is 
authorized to receive settlement funds and may also seek and accept funding from other 
public or private sources if the trust determines that such acceptance advances the purposes 
of this subchapter.  Any balance in the trust fund not spent in any fiscal year does not lapse 
and carries forward in the trust fund available to be used immediately for the purposes of 
this subchapter, upon the sole direction of the trust.  Any interest or investment income 
earned by the trust fund must be credited to the trust fund.  The trust may use administrative 
services of the Department of Administrative and Financial Services for the management 
of the trust fund, but the role of the Department of Administrative and Financial Services 
is nondiscretionary and the Department of Administrative and Financial Services shall 
carry out all lawful instructions of the trust for all matters relating to accessing the trust 
fund without the requirement of an additional legislative authorization or a financial order.
4.  Working capital advance.  The State Controller is authorized to provide an annual 
advance from the General Fund to the trust fund to provide money for disbursements from 
COMMITTEE AMENDMENT “      ” to H.P. 1405, L.D. 1961
COMMITTEE AMENDMENT
the trust fund.  The money must be returned to the General Fund as the first priority from 
the amounts credited to the trust fund pursuant to subsection 2.
5.  Transfer of funds upon repeal or dissolution of the trust fund.  If the trust fund 
is repealed or dissolved for any reason, the State Controller shall transfer the balance of 
funds in the trust fund to the Fund for a Healthy Maine established in section 1511.
Sec. 5.  Staggered terms.  Notwithstanding the Maine Revised Statutes, Title 22, 
section 1515, subsection 4, at the initial meeting of the Trust for a Healthy Maine Board, 
trustees shall draw lots to determine trustees' initial term lengths so that the initial terms of 
trustees expire after one year, the initial terms of 4 trustees expire after 2 years and the 
initial terms of 5 trustees expire after 3 years.
Sec. 6.  Initial appointments.  Notwithstanding the Maine Revised Statutes, Title 
22, section 1515, subsection 3, paragraph C, the President of the Senate, Speaker of the 
House, member of the Senate who is the leader of the party with the 2nd largest number of 
members in the Senate, member of the House of Representatives who is the leader of the 
party with the 2nd largest number of members in the House and the chiefs of the 4 federally 
recognized Indian tribes in the State shall make the initial nominations of trustees to the 
Governor for the Trust for a Healthy Maine Board within 60 days of the effective date of 
this legislation.
Sec. 7.  Transfer from Fund for a Healthy Maine.  The State Controller, no later 
than July 1, 2023, shall transfer all settlement funds, as defined in the Maine Revised 
Statutes, Title 22, section 1514, subsection 8, in the Fund for a Healthy Maine and a pro 
rata share of investment income in the Fund for a Healthy Maine to the Trust for a Healthy 
Maine Trust Fund.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively.
SUMMARY
This committee amendment makes the following changes to the bill.  It:
1.  Changes the process of the appointment of trustees to the Trust for a Healthy Maine 
Board, including the appointment process and removal of trustees;
2.  Changes the membership of the Trust for a Healthy Maine Board to include a person 
with expertise in systemic racism and structural inequity who is serving on the Permanent 
Commission on the Status of Racial, Indigenous and Maine Tribal Populations;
3.  Changes the membership provisions of the Trust for a Healthy Maine Board to 
disqualify a person from serving as a trustee if the person benefits from the sugary drinks 
industry;
4.  Changes the authority of the Trust for a Healthy Maine to include its ability to 
respond to public health emergencies and systemic health disparities;
5.  Makes the definition of "administrative costs" more specific;
6.  Changes the term "allocation" to "disbursement" and amends the definition;
7.  Changes the term "advisory committees" to "advisory groups" and combines the 
provisions regarding advisory groups;
COMMITTEE AMENDMENT “      ” to H.P. 1405, L.D. 1961
COMMITTEE AMENDMENT
8.  Combines the conflict-of-interest and self-dealing provisions in the bill into one 
conflict-of-interest provision;
9.  Clarifies that the Trust for a Healthy Maine may make recommendations to the 
Governor and other public officials, in addition to the Legislature;
10.  Changes the provision that identifies the power of the Trust for a Healthy Maine 
to receive tobacco settlement funds;
11.  Provides that the Trust for a Healthy Maine Board must establish procedures for 
receiving input on the funding disbursement plan from interested parties;
12. Delays the implementation of the funding disbursement plan and tobacco 
settlement funds transfer until fiscal year 2023-24 and extends the phase-in period for full 
implementation of the funding disbursement plan;
13.  Requires the Trust for a Healthy Maine Board to work with the Department of 
Health and Human Services, Maine Center for Disease Control and Prevention regarding 
transitioning tobacco settlement funds to the Trust for a Healthy Maine;
14.  Renames the Tier 1 allocations the designated disbursements and renames the Tier 
Funding Pool account the Health Improvement Funding Pool account;
15.  Changes the provision about the funding level recommended by the United States 
Department of Health and Human Services, Centers for Disease Control and Prevention 
for tobacco prevention and control programs;
16.  Adjusts the amount of tobacco settlement funds that must be disbursed to tobacco 
prevention and control programs and increases that amount over the next 3 fiscal years;
17.  Adjusts the amount of tobacco settlement funds that may be disbursed for medical 
care and reduces that amount over the next 3 fiscal years;
18.  Increases the amount of the tobacco settlement funds disbursed to the Department 
of the Attorney General from 0.0035 to 0.005 of the total amount of settlement funds 
received and increases that amount each fiscal year to account for inflation;
19.  Increases the amount of the tobacco settlement funds disbursed to the 
administration fund from 0.002 to 0.003 of the total amount of settlement funds received 
and increases that amount each fiscal year to account for inflation;
20.  Adds requirements for funding from the Health Improvement Funding Pool 
account to advance health equity and address structural inequity;
21.  Requires the trust to be audited using an independent certified public auditor;
22.  Requires the Trust for a Healthy Maine Board trustees to consult regularly with 
the Commissioner of Health and Human Services regarding emerging funding needs;
23.  Provides that the Trust for a Healthy Maine Board determines policies around the 
reporting process and publication of its reports;
24.  Provides that the Trust for a Healthy Maine Board defines the role of any 
professional administrative assistance it may require;
25.  Provides that state agency cooperation requires the approval of the commissioner 
or director of the state agency to which the Trust for a Healthy Maine Board has made a 
request;
COMMITTEE AMENDMENT “      ” to H.P. 1405, L.D. 1961
COMMITTEE AMENDMENT
26.  Adds the ability of the Trust for a Healthy Maine Board to convene using remote 
participation in accordance with board procedures; and
27.  Clarifies that the legislative committee of oversight is the joint standing committee 
of the Legislature having jurisdiction over health and human services matters.
FISCAL NOTE REQUIRED
(See attached)
Approved: 09/02/20
LD 1961
LR 3068(02)
Fiscal Detail and Notes
Future biennium cost increase - General Fund
Future biennium cost increase - Trust for a Healthy Maine
Future biennium cost decrease - Fund for a Healthy Maine
This bill establishes the Trust for a Healthy Maine to receive money, begininng July 1, 2023, paid to the State 
pursuant to the tobacco settlement payment (TSP), as defined in the Maine Revised Statutes, Title 22, section 1514, 
subsection 7, and from other sources and to distribute that money to state agencies or designated agents of the State to 
fund tobacco use prevention and control, ensure adequate resources for other disease prevention efforts, promote 
public health, plan and deliver public health and prevention programs and services, support accreditation of the 
Department of Health and Human Services, Maine Center for Disease Control and Prevention and support public 
health workforce development. The bill also requires the allocation of TSP funds to be determined by the Trust for a 
Healthy Maine board and this new allocation process could lead to funding decreases in some areas currently funded 
by the Fund for a Healthy Maine. The full impact of these changes cannot be determined at this time and will only 
become known when future decisions of the new board are made.
Additionally, the bill lowers the amount available for the purpose of providing medical care in fiscal year 2023-24 to 
.40 of the TSP funds projected to be received in fiscal year 2023-24 and for fiscal year 2024-25 to .20 of the TSP 
funds projected to be received in fiscal year 2024-25 and to zero beginning in fiscal year 2025-26. This will decrease 
the funding for providing medical care coming from the Fund for a Healthy Maine, which will increase the genreral 
fund cost for that same purpose. The exact amount of this increase will be dependant on the amount of each year's 
TSP.
An Act To Establish the Trust for a Healthy Maine
Fiscal Note for Bill as Amended by Committee Amendment " "
Committee: Health and Human Services
Fiscal Note Required: Yes
Fiscal Note
LR3068(02) - Fiscal Note - Page 1 of 1