An Act To Ensure an Efficient Contracting Process for the Department of Health and Human Services
Maine Legislature, Session 129, LD 2057
Committee: Health and Human Services
Sponsors: HYMANSON
Amends: 5 MRSA §20002, 5 MRSA §20005-A, 22-A MRSA §214, 34-B MRSA §1208-A

Legislative Document
No. 2057
H.P. 1461
House of Representatives, January 16, 2020
An Act To Ensure an Efficient Contracting Process for the 
Department of Health and Human Services
Submitted by the Department of Health and Human Services pursuant to Joint Rule 203.
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative HYMANSON of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §20002, sub-§3, as amended by PL 2011, c. 657, Pt. AA, §5, is 
further amended to read:
3.  Tobacco use by juveniles.  To enforce the State's laws relating to the sale and use 
of tobacco products by juveniles and to coordinate state and local activities related to 
those provisions.  The department shall take all necessary actions to ensure compliance 
with the Synar Act, 42 United States Code, Section 300X-26, including the preparations 
of reports for the signature of the Governor.  All law enforcement agencies, all state 
departments, including the Department of Public Safety, and municipalities shall 
cooperate with the department in these efforts.
The department may enter into any contracts or agreements necessary or incidental to the 
performance of its duties under this section, subject to section 20005, subsection 6 and 
Title 22-A, section 20005-A 214.  The department shall provide or assist in the provision 
of voluntary training programs regarding the sales of tobacco products to juveniles; and
Sec. 2.  5 MRSA §20005-A, as amended by PL 2017, c. 407, Pt. A, §§26 and 27, 
is repealed.
Sec. 3.  22-A MRSA §214, sub-§4, ¶A, as enacted by PL 2007, c. 539, Pt. N, 
§53, is amended to read:
A.  The commissioner shall may hold at least one informational meeting at least 30 
days before the due date for submission of the notice of intent to bid. Any 
informational meeting must be advertised in newspapers of general circulation stating 
the location, date, time and purpose of the meeting.  At the meeting the  The 
commissioner shall provide detailed information to any interested party about the 
contract to be bid or rebid, provide notice of anticipated major changes from any 
previous contract and respond to questions. 
Sec. 4.  22-A MRSA §214, sub-§4, ¶B, as enacted by PL 2007, c. 539, Pt. N, 
§53, is amended to read:
B.  The commissioner shall may require any interested party to submit a notice of 
intent to bid at least 30 7 days before the date bids will be accepted as a precondition 
to submitting a formal bid. The notice of intent must contain minimal requirements 
that demonstrate a prospective bidder's competence and ability to comply with the 
requirements of the contract.
Sec. 5.  34-B MRSA §1208-A, as amended by PL 1995, c. 560, Pt. K, §21 and c. 
691, §5, is repealed.
SUMMARY
This bill amends the law regarding performance-based contracts entered into by the 
Department of Health and Human Services to give the Commissioner of Health and 
Human Services discretion in holding informational meetings and requiring notices of 
intent to bid.  The bill also repeals duplicative language regarding performance-based 
contracts.