An Act Regarding Net Neutrality and Internet Policy
Maine Legislature, Session 129, LD 1364
Committee Amendment CA_A_H301 (House)
Amends: 5 MRSA §1541-B

COMMITTEE AMENDMENT «!} " to H.P. 986, L.D. 1364, Bill, "An Act 
Regarding Net Neutrality and Internet Policy" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'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. 
11Advanced communications technology infrastructure" has the same meaning as 
in Title 35-A, section 9202, subsection 1. 
B. 
11Commit 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. 
C. 
11Internet service provider
has the same meaning as in section 200-B, subsection 
1-A, paragraph A. 
D. 
11Net neutral service
means fixed or mobile Internet service that is provided 
without engaging in any of the following: 
(1) Blocking of lawful content, applications, services or devices; 
(2) Throttling; or 
(3) Paid prioritization. 
E. 
11Paid prioritization
means management of an Internet service provider's network 
to directly or indirectly favor some traffic over other traffic in exchange for payment. 
F. 
11State entity
means a department, agency or instrumentality of the State. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to H.P. 986, L.D. 1364 
G. "Throttling" means intentionally slowing, impairing or degrading the speed of 
Internet traffic on the basis of content, application, service or device. 
2. Provider agreement. A state entity may not commit state funds to an Internet 
service provider unless: 
A. The Internet service provider agrees in writing to provide net neutral service in 
the provision oflnternet service: 
(1) Directly to the state entity; or 
(2) Across advanced communications technology infrastructure constructed with 
the use of the state funds; 
B. The state entity provides to the State Controller: 
(1) Notice of its intent to commit state funds to an Internet service provider; and 
(2) A written agreement from the Internet service providei· 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 entity 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.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
The amendment narrows the scope and application of the prohibition in the bill 
regarding committing state funds for payment to an Internet service provide1·. 
The 
amendment prohibits an agency, department or instrumentality of the State from 
committing state funds to an Internet service provider unless the Internet service provider 
agrees to provide net neutral service in the provision of Internet service directly to the 
state entity or the provision of service across advanced communications infrastructure 
constructed with the use of state funds. The amendment defines "net neutral service" as 
Internet service provided without engaging in any of the following: blocking of lawful 
content, applications, services or devices; throttling; 01· paid prioritization. 
The 
amendment removes the requirement in the bill that prohibits the commitment of state 
funds to an Internet service provider unless that provider agrees, in providing any service, 
to conform to the requirements of the Federal Communications Commission order, FCC 
8 
15-24, known as the Open Internet Order. 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 05/11/19 ::Wac 
LD 1364 
LR2222(02) 
An Act Regarding Net Neutrality and Internet Policy 
Fiscal Note for Bill as Amended by Committee Amendment ~( f/, Jo) 
Committee: Energy, Utilities and Technology 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Any additional costs to the Office of the Attorney General arising from increased litigation due to the provisions in 
this bill can be absorbed within existing budgeted resources. 
LR2222(02) - Fiscal Note - Page 1 of 1