An Act To Ensure Comprehensive Interdepartmental Planning, Coordination and Collaboration on Aging Policy
Maine Legislature, Session 129, LD 1733
Committee: Health and Human Services
Sponsors: FAY
Amends: 1 MRSA §71, 1 MRSA §93, 2 MRSA §6, 5 MRSA §3109, 5 MRSA §12004-I, 22 MRSA §5104, 22 MRSA §5106, 22 MRSA §5107-K

Legislative Document
No. 1733
H.P. 1235
House of Representatives, May 14, 2019
An Act To Ensure Comprehensive Interdepartmental Planning, 
Coordination and Collaboration on Aging Policy
(EMERGENCY)
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative FAY of Raymond.
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the establishment of the position of Director of Aging and the State 
Commission on Aging before the expiration of the 90-day period is necessary to provide 
increased coordination of policy and planning related to older adults in Maine; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  1 MRSA §71, sub-§7-B is enacted to read:
7-B.  Older individuals; references to.  In the construction of statutes, references to 
older individuals must be applied as provided in this subsection.
A.  In preparing any legislation that amends a section or larger division of statutes, 
the Revisor of Statutes is authorized to change any terms that refer to "elderly," 
"elder" or "senior" individuals to refer instead to "older" individuals.  The Revisor of 
Statutes may not otherwise alter the sense, meaning or effect of any statute.
Sec. 2.  1 MRSA §93, sub-§12 is enacted to read:
12.  Older individuals; references to.  A term in a statutory unit that is otherwise 
being corrected pursuant to this section that refers to "elderly," "elder" or "senior" 
individuals may be changed to refer to "older" individuals, and any grammatical changes 
necessary to properly implement this change may be made.
Sec. 3.  2 MRSA §6, sub-§4, as amended by PL 2015, c. 267, Pt. RRR, §2 and Pt. 
IIII, §1, is further amended to read:
4.  Range 88.  The salaries of the following state officials and employees are within 
salary range 88:
Director, Bureau of Air Quality;
Director, Bureau of Water Quality;
Director, Bureau of Land Resources;
Director, Bureau of Remediation and Waste Management;
Deputy Commissioner, Environmental Protection;
Director, Office of Professional and Occupational Regulation; and
Deputy Chief of the State Police.; and
Director of Aging.
Sec. 4.  5 MRSA §3109 is enacted to read:
§3109.  Director of Aging
1.  Established.  There is established within the office the position of Director of 
Aging to ensure the people of the State can live healthy, engaged and secure lives as they 
age in their homes and in community settings.
2.  Appointment.  The Director of Aging is appointed by the Governor and serves at 
the pleasure of the Governor.
3.  Duties.  The Director of Aging shall:
A.  Oversee the planning and policy development for all functions and activities 
conducted or supported in the State that relate to aging and older adults and family 
care partners of older adults;
B.  Promote intergovernmental collaboration in meeting aging policy objectives 
established in Title 22, section 5103 and manage the coordination of multiple-agency 
initiatives related to policy objectives;
C.  Encourage and assist in the development of coordinated use of existing and new 
resources and services relating to the State's older population;
D.  Oversee necessary research and planning related to aging and the needs of older 
adults in the State;
E.  Advise the Governor and Commissioner of Health and Human Services on the 
preparation of and provisions to be included in the comprehensive state plan under 
Title 22, section 5106, subsection 4 and collaborate with all relevant state agencies to 
ensure that the creation of the comprehensive state plan addresses all aspects of the 
objectives and purposes of the declaration of objectives in Title 22, section 5103.  
The Director of Aging shall work with:
(1)  The Commissioner of Transportation or the commissioner's designee to 
identify objectives to be included in the comprehensive state plan related to 
meeting the transportation needs of older adults in the State;
(2)  The Director of the Maine State Housing Authority or the director's designee 
to identify objectives to be included in the comprehensive state plan related to 
meeting the housing needs of older adults in the State;
(3)  The Commissioner of Labor or the commissioner's designee to identify 
objectives to be included in the comprehensive state plan related to meeting 
employment and vocational services needs of older adults in the State;
(4)  The Commissioner of Economic and Community Development or the 
commissioner's designee to identify objectives to be included in the 
comprehensive state plan that address community development goals to meet the 
needs of older adults in the State and enhance their opportunities for economic 
prosperity; and
(5)  The Maine Commission for Community Service established in section 7501 
to identify objectives to be included in the comprehensive state plan that 
encourage and support local volunteer and municipal initiatives that support 
healthy aging and that meet the needs of older adults in the State; and
F.  Provide staff support to the State Commission on Aging established in section 
12004-I, subsection 2-H.
4.  State agency cooperation.  State agencies shall cooperate with the Director of 
Aging in carrying out the duties in subsection 3.  A state agency proposing to develop, 
establish, conduct or administer a program relating to aging or older adults or their family 
care partners shall:
A.  Prior to carrying out such action, consult with the Director of Aging; and
B.  Keep the Director of Aging informed on the implementation of that program.
Sec. 5.  5 MRSA §12004-I, sub-§2-H is enacted to read:
2-H.  
Sec. 6.  22 MRSA §5104, sub-§6-A is enacted to read:
6-A.  Director of Aging.  "Director of Aging" means the Director of Aging 
established in Title 5, section 3109.
Sec. 7.  22 MRSA §5106, sub-§§3 and 4, as amended by PL 2011, c. 657, Pt. 
BB, §9, are further amended to read:
3.  Coordination of efforts.  Assist the Legislative legislative branch and Executive 
Branches executive branch of State Government, especially the Governor, the Director of 
Aging and the Bureau of the Budget, to coordinate all State Government efforts relating 
to Maine's aging population and incapacitated and dependent adults, by:
A.  Submitting to the Director of Aging and each branch of State Government no 
later than September 1st of each year an annual report covering its activities for the 
immediately past fiscal year and future plans, including recommendations for 
changes in state and federal laws;
B.  Reviewing all proposed legislation, fiscal activities, plans, policies and other 
administrative functions relating to Maine's aging population and incapacitated and 
dependent adults made by or requested of all state agencies.  The department has the 
authority to submit to those bodies findings, comments and recommendations, which 
are advisory.  The department shall submit to the Director of Aging findings, 
comments and recommendations submitted by the department to agencies under this 
paragraph.  Such findings and comments must recommend what modification in 
proposals or actions is required to make proposed legislation, fiscal activities and 
administrative activities consistent with such policies and priorities; and
Aging
State Commission 
on Aging
Expenses Only
MRSA §5107-K
C.  Making recommendations to the Director of Aging and the respective branches of 
State Government related to improving the quality of life of Maine's aging population 
and incapacitated and dependent adults, and shall consult with and be consulted by all 
responsible state agencies regarding the policies, priorities and objectives of functions 
related to Maine's aging population and incapacitated and dependent adults;
4.  Comprehensive state plan.  Prepare By September 1, 2021 and every 4 years 
thereafter, in collaboration with the Director of Aging and other appropriate state 
agencies, prepare and administer a comprehensive state plan relating to Maine's aging 
population and incapacitated and dependent adults, developed by the department subject 
to the direction of the commissioner.  The comprehensive state plan must be implemented 
for the purpose of coordinating all activities and of assuring compliance with applicable 
state and federal laws, rules and regulations relating to Maine's aging population and 
incapacitated and dependent adults.  Implementation of this duty means that the The 
comprehensive state plan must clearly indicate the agency responsible for administering 
and implementing each part of the plan.  The comprehensive state plan must be based on 
the results of a comprehensive statewide needs assessment that examines the housing, 
transportation, food, financial, employment, safety, care, social service and other needs of 
older adults, their family care partners and incapacitated and dependent adults.  The 
comprehensive state plan must be based on and supported by research and data and must 
include trends in the workforce that may affect the provision of services under this Part 
and must identify gaps in needed services under this Part and set measurable goals toward 
filling those gaps.  The department in collaboration with the Director of Aging has the 
authority, through a review process, to advise on the preparation and administration of 
any portion of any state plan relating to Maine's aging population and incapacitated and 
dependent adults, prepared and administered by any agency of State Government for 
submission to the Federal Government to obtain federal funding under federal legislation.  
Such The comprehensive state plan must consider such state plans, or portions thereof, 
which must include, but are not limited to, all state plans dealing with education, 
employment and vocational services, income, health, housing, protective services, public 
guardianship and conservatorship, rehabilitation, social services, transportation and 
welfare.  The department shall advise the commissioner and Governor on preparation of 
and provisions to be included in such plans relating to Maine's aging population and 
incapacitated and dependent adults.  For the purposes of this subsection, "care" includes, 
but is not limited to, access to medical and behavioral health care services, access to 
home and community-based services, access to family care partner services, including 
adult day care services, access to coordinated dementia care and access to facility-based 
services;
Sec. 8.  22 MRSA §5106, sub-§13, as amended by PL 2011, c. 657, Pt. BB, §9, is 
further amended to read:
13.  Coordinate activities.  Coordinate activities and cooperate with programs in this 
and other states for the common advancement of programs for Maine's aging population 
and incapacitated and dependent adults; and
Sec. 9.  22 MRSA §5106, sub-§15, as enacted by PL 1973, c. 793, §6, is amended 
to read:
15.  Duties.  Do such other acts and exercise such other powers necessary or 
convenient to execute and carry out the purposes and authority expressly granted in this 
Part.; and
Sec. 10.  22 MRSA §5106, sub-§16 is enacted to read:
16.  State plan on Alzheimer's disease and other dementias.  Oversee 
implementation of and periodically update a state plan on Alzheimer's disease and other 
dementias.
Sec. 11.  22 MRSA §5107-K is enacted to read:
§5107-K.  State Commission on Aging
1.  Commission created.  The State Commission on Aging, established by Title 5, 
section 12004-I, subsection 2-H and referred to in this section as "the commission," is 
created to advise the Legislature, the Governor and state agencies regarding aging policy 
and the priorities of older people in the State.
2.  Duties.  The commission shall:
A.  Advise the department on the design and implementation of the comprehensive 
statewide needs assessment conducted in advance of the development of the 
comprehensive state plan under section 5106, subsection 4, including advice on 
planning regional meetings and other opportunities for stakeholder input regarding 
the comprehensive statewide needs assessment;
B.  Review and provide input on state planning efforts across state agencies, 
including the comprehensive state plan under section 5106, subsection 4 and the state 
plan on Alzheimer's disease and other dementias under section 5106, subsection 16;
C.  Encourage the development of coordinated interdepartmental goals and 
objectives;
D.  Identify needed research to support long-range planning and policy initiatives;
E.  Advise state agencies on the implementation of the comprehensive state plan 
under section 5106, subsection 4, the state plan on Alzheimer's disease and other 
dementias under section 5106, subsection 16 and other state plans directly related to 
older adults or aging in the State;
F.  Identify and recommend ways in which the State can support local and 
community efforts to promote healthy aging;
G.  Identify ways to promote the skills and talents that older adults can offer to make 
the State a better place to live;
H.  Request that state agencies provide the commission, subject to available 
resources, information, suggestions and statistics to enable the commission to 
perform its duties;
I.  Review and provide input on annual reports on aging services, long-term care and 
dementia care; and
J.  Undertake any other actions the Director of Aging or the department determines 
necessary in accordance with the commission's duties.
3.  Staffing.  The Director of Aging shall staff the commission.
4.  Membership.  The commission is composed of the following members:
A.  The commissioner or the commissioner's designee;
B.  The Commissioner of Labor or the commissioner's designee;
C.  The Commissioner of Economic and Community Development or the 
commissioner's designee;
D.  The Commissioner of Transportation or the commissioner's designee;
E.  The Commissioner of Public Safety or the commissioner's designee;
F.  The Director of the Maine State Housing Authority or the director's designee;
G.  The long-term care ombudsman under section 5107-A or the ombudsman's 
designee; and
H.  Fifteen members of the public appointed by the Governor, including at a 
minimum:
(1)  One member representing the business community;
(2)  One member representing the health care industry;
(3)  One member having expertise in technology and innovation;
(4)  One member who is a municipal official;
(5)  One member representing an entity whose work focuses on aging issues;
(6)  One member who is a family caregiver; and
(7)  One member representing a statewide advocacy organization advocating on 
behalf of older adults.
In making appointments under this paragraph, the Governor shall ensure that rural 
and urban areas are represented.
5.  Commission invitees.  The Director of Aging shall invite 2 members of the 
Senate and 2 members of the House of Representatives to participate in commission 
activities.  When inviting members of the Legislature, the Director of Aging shall give 
priority to Legislators serving as chairs of a caucus on aging.
6.  State agency and public information and participation.  The commission may 
solicit information and participation from state agencies and members of the public as 
determined necessary by the commission.
7.  Terms.  A member of the commission appointed pursuant to subsection 4, 
paragraph H serves for a term of 2 years and may not serve more than 2 consecutive 
terms.
8.  Chair.  The commission shall elect a chair from among its members.
9.  Meetings.  The commission shall meet at least quarterly but may meet as often as 
determined appropriate by the commission to accomplish its duties.
10.  Quorum.  Thirteen members of the commission constitute a quorum.
11.  Subcommittees.  The commission may appoint subcommittees, which may 
include members from any public or private agency or advisory committee or any person 
who has appropriate interest and expertise as may be necessary to carry out the work of 
the commission.
12.  Report.  The commission shall report on its deliberations and any 
recommendations by March 1st of each odd-numbered year to the Governor and any joint 
standing committee of the Legislature having jurisdiction over the subject matter of the 
report.
Sec. 12.  Inconsistencies; report.  The Director of Aging and the Commissioner 
of Health and Human Services, and designees selected by the director and commissioner, 
shall review those parts of the Maine Revised Statutes governing policy, planning and 
oversight related to older adults, including, but not limited to, Title 22.  The purpose of 
the review is to develop proposed legislation to correct any inconsistencies in law that 
result from this Act.  By November 30, 2019, the Director of Aging shall submit the 
proposed legislation developed pursuant to this section to the Joint Standing Committee 
on Health and Human Services.  The joint standing committee may report out a bill 
relating to the proposed legislation to the Second Regular Session of the 129th 
Legislature.
Sec. 13.  State Commission on Aging.
1.  Staggered terms.  Notwithstanding the Maine Revised Statutes, Title 22, section 
5107-K, subsection 7, of the initial members appointed pursuant to Title 22, section 
5107-K, subsection 4, paragraph H, 8 members must be appointed for a 2-year term and 7 
members must be appointed for a one-year term.
2.  First meeting.  The Director of Aging shall convene the State Commission on 
Aging under the Maine Revised Statutes, Title 22, section 5107-K within 45 days after 
the effective date of this Act.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.
SUMMARY
This bill creates the position of Director of Aging in the Governor's Office of Policy 
and Management to oversee the planning and policy development for all functions and 
activities conducted or supported in the State that relate to aging, older adults and family 
care partners of older adults, including, but not limited to, promoting intergovernmental 
collaboration in meeting established aging policy objectives and managing the 
coordination of multiple-agency initiatives related to policy objectives.  The bill amends 
the requirements for preparing and implementing a comprehensive state plan relating to 
Maine's aging population and incapacitated and dependent adults.  The bill establishes a 
State Commission on Aging to advise the Governor, Legislature and state agencies on 
planning, research and intergovernmental cooperation related to the needs of older adults 
in the State.  The bill authorizes the Revisor of Statutes, in preparing legislation, to 
change any terms that refer to "elderly," "elder" or "senior" individuals to refer instead to 
"older" individuals.