An Act Regarding Net Neutrality and Internet Policy
Maine Legislature, Session 129, LD 1364
Committee: Energy, Utilities and Technology
Sponsors: GROHOSKI, BELLOWS, BERRY, CAIAZZO, DOUDERA, GIDEON, MIRAMANT, WOODSOME
Amends: 5 MRSA §1541-B

Legislative Document
No. 1364
H.P. 986
House of Representatives, March 21, 2019
An Act Regarding Net Neutrality and Internet Policy
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative GROHOSKI of Ellsworth.
Cosponsored by Senator BELLOWS of Kennebec and
Representatives: BERRY of Bowdoinham, CAIAZZO of Scarborough, DOUDERA of 
Camden, Speaker GIDEON of Freeport, Senators: MIRAMANT of Knox, WOODSOME of 
York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §1541-B is enacted to read:
§1541-B.  Net neutrality
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Commit state funds" means to enter into a contract, make a grant or otherwise 
commit any state funds, including but not limited to any act that would incur a 
financial obligation against the State Government subject to review under section 
1541, subsection 2.
B.  "Internet service provider" has the same meaning as in section 200-B, subsection 
1-A, paragraph A.
2.  Provider agreement.  A state agency or instrumentality of the State may not 
commit state funds in a manner that the agency or instrumentality knows would result in 
a direct payment to an Internet service provider unless:
A.  The Internet service provider agrees in writing to conform to the requirements of 
the Federal Communications Commission order, FCC 15-24, adopted on February 
26, 2015, known as the Open Internet Order;
B.  The agency or instrumentality notifies the State Controller of its intent to commit 
state funds in a manner that would result in a direct payment to an Internet service 
provider and provides at the same time to the State Controller a written agreement 
from the Internet service provider that conforms to the requirements of paragraph A; 
and
C.  The State Controller finds that the requirements of paragraphs A and B have been 
satisfied and authorizes the state agency or instrumentality to commit state funds.
Nothing in this section limits the authority of the State Controller under any other 
provision of law to limit or prohibit a state agency or instrumentality of the State from 
committing state funds.
Upon receipt of information or complaint from any person that an Internet service 
provider may be failing to meet the requirements of an agreement made under this 
section, the Attorney General may undertake an investigation and take any action the 
Attorney General determines appropriate, including, but not limited to, action pursuant to 
section 192.
SUMMARY
This bill prohibits a state agency or instrumentality from committing state funds in a 
manner that the agency or instrumentality knows would result in a direct payment to an 
Internet service provider unless the Internet service provider agrees in writing to conform 
to the requirements of the Federal Communications Commission order, FCC 15-24, 
adopted on February 26, 2015, known as the Open Internet Order.