An Act To Eliminate Inactive Boards and Commissions
Maine Legislature, Session 130, LD 0158
Committee: State and Local Government
Sponsors: TUELL
Amends: 5 MRSA §55, 5 MRSA §55-A, 5 MRSA §90-T, 5 MRSA §1547, 5 MRSA §12004-G, 5 MRSA §12004-I, 5 MRSA §12004-K, 5 MRSA §12004-L, 5 MRSA §15303, 10 MRSA §949, 20-A MRSA §5151, 20-A MRSA §5152, 22 MRSA §271, 22 MRSA §272, 25 MRSA §2952, 25 MRSA §2954, 25 MRSA §2955, 25 MRSA §2956, 25 MRSA §2957, 25 MRSA §2958, 34-A MRSA §3002-B, 38 MRSA §343-D, 38 MRSA §353-A

Legislative Document
No. 158
H.P. 114
House of Representatives, January 21, 2021
An Act To Eliminate Inactive Boards and Commissions
Received by the Clerk of the House on January 19, 2021.  Referred to the Committee on 
State and Local Government pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative TUELL of East Machias.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §55, as amended by PL 2003, c. 20, Pt. OO, §2 and affected by §4, 
is repealed.
Sec. 2.  5 MRSA §55-A, as enacted by PL 2003, c. 238, §1 and affected by §2, is 
repealed.
Sec. 3.  5 MRSA §90-T, as enacted by PL 2011, c. 304, Pt. D, §2, is repealed.
Sec. 4.  5 MRSA §1547, sub-§7, as enacted by PL 2003, c. 451, Pt. F, §2 and 
amended by c. 600, §4, is amended to read:
7.  Other related organizations.  All legislatively created public instrumentalities and 
related organizations for which the State is financially accountable or that have a significant 
relationship with the State as defined by a governmental accounting standards board that 
are not included in subsection 3, including but not limited to eligible institutions as defined 
in section 13103, that receive funds from bond issues must comply with the fiscal reporting 
policies established by the State Controller.  The fiscal and reporting policies must include:
A.  Internal control standards required by section 1541, subsection 10‑A;
B.  Quarterly reporting to the State Controller that includes a detail of transactions and 
reconciliation of all accounts;
C.  No later than October 15th annually, submission to the Department of 
Administrative and Financial Services, Office of the State Controller of all financial 
statements and schedules of expenditures of federal awards;
D.  Financial statements that are prepared in accordance with the standards and 
requirements established by a governmental accounting standards board; and
E.  Submission annually to the Department of Administrative and Financial Services, 
Office of the State Controller of a copy of the independent auditor's report, including 
any findings, recommendations and management letter comments, and any other 
materials considered necessary by the State Controller.
Legislatively created public instrumentalities and other related organizations required to 
comply under this subsection who that must also comply with the federal Office of 
Management and Budget circulars, regulations issued by a governmental accounting 
standards board or other accounting, auditing and reporting requirements may submit that 
information to the State Controller to satisfy the requirements of this subsection.
Sec. 5.  5 MRSA §12004-G, sub-§4-B, as enacted by PL 2001, c. 196, §1, is 
repealed.
Sec. 6.  5 MRSA §12004-G, sub-§10-E, as enacted by PL 2013, c. 593, §1, is 
repealed.
Sec. 7.  5 MRSA §12004-I, sub-§2-E, as enacted by PL 1999, c. 566, §2, is 
repealed.
Sec. 8.  5 MRSA §12004-I, sub-§2-G, as amended by PL 2011, c. 304, Pt. D, §3, 
is repealed.
Sec. 9.  5 MRSA §12004-I, sub-§4-B, as enacted by PL 2007, c. 503, §1, is 
repealed.
Sec. 10.  5 MRSA §12004-I, sub-§17, as enacted by PL 1987, c. 786, §5, is 
repealed.
Sec. 11.  5 MRSA §12004-I, sub-§22-B, as amended by PL 2011, c. 206, §1, is 
repealed.
Sec. 12.  5 MRSA §12004-I, sub-§36-D, as enacted by PL 1997, c. 560, Pt. D, §1, 
is repealed.
Sec. 13.  5 MRSA §12004-K, sub-§12, as enacted by PL 1987, c. 786, §5, is 
repealed.
Sec. 14.  5 MRSA §12004-L, sub-§10, as enacted by PL 1993, c. 381, §9, is 
repealed.
Sec. 15.  5 MRSA c. 383, sub-c. 5-A, as amended, is repealed.
Sec. 16.  5 MRSA §15303, sub-§6-B, as enacted by PL 2001, c. 196, §10, is 
repealed.
Sec. 17.  10 MRSA §949, sub-§2, ¶B, as enacted by PL 2007, c. 420, §7, is 
amended by amending subparagraph (3) to read:
(3)  Four representatives of the Maine Biomedical Research Board established 
pursuant to Title 5, section 12004‑G, subsection 4‑B from bioscience research 
laboratories;
Sec. 18.  20-A MRSA §5151, sub-§2, ¶D, as amended by PL 2007, c. 667, §9, is 
further amended to read:
D.  Function as a liaison among the commissioner, department staff, advisory 
committee and school administrative units and private schools as it pertains to truants, 
dropouts and reintegration, alternative education programs, alternative learning and 
adult education;
Sec. 19.  20-A MRSA §5151, sub-§2, ¶K, as amended by PL 2001, c. 452, §12, is 
further amended to read:
K.  Evaluate the scope of the problem of dropouts and truants and programs and 
policies directed to meet it, including reintegration planning and aftercare services 
provided for juvenile offenders who have been released from juvenile facilities and 
have enrolled in schools in the State; and
Sec. 20.  20-A MRSA §5151, sub-§2, ¶L, as enacted by PL 1985, c. 774, §5, is 
repealed.
Sec. 21.  20-A MRSA §5152, as amended by PL 2007, c. 667, §§10 and 11, is 
repealed.
Sec. 22.  20-A MRSA c. 437, as amended, is repealed.
Sec. 23.  22 MRSA §271, sub-§2, as enacted by PL 1997, c. 560, Pt. D, §2, is 
repealed.
Sec. 24.  22 MRSA §272, sub-§1, as enacted by PL 1997, c. 560, Pt. D, §2, is 
amended by amending the first blocked paragraph to read:
The bureau shall administer the program with the review and advice provided by the 
council in subsection 2 and may contract for professional services to carry out the program.
Sec. 25.  22 MRSA §272, sub-§2, as amended by PL 2011, c. 657, Pt. AA, §58, is 
repealed.
Sec. 26.  25 MRSA §2952, sub-§4, as enacted by PL 1991, c. 837, Pt. B, §11 and 
c. 841, §8, is repealed.
Sec. 27.  25 MRSA §2954, as repealed and replaced by PL 1993, c. 680, Pt. B, §2, 
is repealed.
Sec. 28.  25 MRSA §2955, first ¶, as repealed and replaced by PL 1993, c. 680, Pt. 
B, §3, is amended to read:
The commissioner shall establish and operate within the Maine Drug Enforcement 
Agency such regional investigative task forces as the commissioner determines, in 
consultation with the board, are required for effective drug law enforcement throughout the 
State.
Sec. 29.  25 MRSA §2955, 2nd ¶, as repealed and replaced by PL 1993, c. 680, Pt. 
B, §3, is amended to read:
The investigative component of each task force is comprised of law enforcement 
officers drawn from municipal, county and state law enforcement agencies, who, during 
the period in which they serve in the task force, must be placed on a temporary assignment 
by their employing law enforcement agencies and in the nonclassified positions within the 
agency as established. All agency investigative personnel may not be state employees, for 
the purposes of Title 26, chapter 9‑B.  All agency investigative personnel shall act in 
accordance with rules, policies and procedures established by the commissioner.  In 
determining the number, areas of responsibility and investigative complement of these task 
forces, the commissioner shall take into account geography, population, and the need for 
service and the advice provided by the board.
Sec. 30.  25 MRSA §2955, sub-§1, as repealed and replaced by PL 1993, c. 680, 
Pt. B, §3, is amended to read:
1.  Director.  The agency is managed by a director who reports to the commissioner.  
The director must be an experienced law enforcement officer.  The Chief of the State 
Police, the Maine Sheriffs' Association and the Maine Chiefs of Police Association may 
each nominate one candidate as director for submission to the Maine Drug Enforcement 
Agency Advisory Board.  The advisory board shall submit one of the 3 nominations to the 
commissioner, who may appoint that person one of the candidates with the approval of the 
Governor.  If the commissioner or the Governor does not approve of the candidate 3 
candidates submitted, each of the nominating groups is requested to submit an additional 
nomination.  The director serves at the pleasure of the commissioner.  Eligibility for this 
appointment is not dependent upon the parent law enforcement agency, if any, of the person 
selected.  If the person selected is currently an employee of any state, county or local law 
enforcement agency, the person must be placed on a temporary assignment by the person's 
employing agency.  The director reports directly to the commissioner, notwithstanding any 
existing command structure of the person's employing agency.  Notwithstanding any other 
provision of law to the contrary, the person retains and continues to accrue seniority and 
retirement rights and benefits within the person's employing agency for the time in which 
the person serves as director.
Sec. 31.  25 MRSA §2956, sub-§1, as repealed and replaced by PL 1999, c. 790, 
Pt. A, §32, is amended to read:
1.  Rules.  The commissioner shall, with the advice of the board, adopt rules, practices 
and policies respecting the administration of the agency.  The rules, practices and policies 
of the agency must be in conformity with state law and must accomplish the goal of an 
integrated drug enforcement effort.  These rules, practices and policies may include:
A.  The qualifications, hiring, term of service and disciplinary standards for 
commanders, supervisors and agents;
B.  Protection as to financial and employment security for any law enforcement officer 
selected as any official of the agency with respect to the person's position with any 
municipal, county or state law enforcement policy or political subdivision;
C.  Standard operating procedures for the agency;
D.  Procurement procedures; or
E.  Procedures for dissemination of records.
Sec. 32.  25 MRSA §2957, as amended by PL 2011, c. 662, §17, is further amended 
to read:
§2957.  Confidentiality
Notwithstanding any other provisions provision of law to the contrary, the investigative 
records of the agency are confidential and all meetings of the board are subject to Title 1, 
chapter 13, subchapter 1, except that those meetings may be held in executive session to 
discuss any case investigations or any disciplinary actions.
Sec. 33.  25 MRSA §2958, as repealed and replaced by PL 1999, c. 790, Pt. D, §8, 
is amended to read:
§2958.  Prosecution protocol
The Attorney General, after consultation with the 8 district attorneys, the United States 
Attorney for the District of Maine and the board agency, shall establish by rule a protocol 
that governs the selection of the state or federal court system for prosecution of drug cases 
investigated by the agency.
Sec. 34.  34-A MRSA §3002-B, as enacted by PL 2007, c. 503, §2, is repealed.
Sec. 35.  38 MRSA §343-D, as amended by PL 2011, c. 206, §§5 and 6 and affected 
by §37, is repealed.
Sec. 36.  38 MRSA §353-A, sub-§4, as amended by PL 1993, c. 500, §3 and 
affected by §5, is further amended to read:
4.  Maximum and minimum fees.  The minimum annual fee is $250 per year.  The 
maximum annual fee is $150,000 per year.  Beginning November 1, 1994, the minimum 
annual fee surcharge is $100 per year and the maximum annual fee surcharge is $50,000 
per year.  The commissioner may reduce any fee required under the federal Clean Air Act 
Amendments of 1990 to take into account the financial resources of a small business 
stationary source as defined in section 343‑D, subsection 1, which for the purposes of this 
subsection means a source that meets the eligibility requirements of 42 United States Code, 
Section 7661f.
SUMMARY
This bill eliminates boards and commissions that did not file annual reports with the 
Secretary of State in either 2018 or 2019 or that filed a report that indicated inactivity for 
2018 and 2019. The boards and commissions being eliminated are:
1.  Advisory committee on truancy, dropouts and alternative education;
2.  Advisory Committee on Fair Competition with Private Enterprise;
3.  Maine Biomedical Research Board;
4.  Maine Drug Enforcement Agency Advisory Board;
5.  Maine-New Hampshire Interstate Bridge Authority;
6.  Pollution Prevention and Small Business Assistance Advisory Panel;
7.  Prison Industries Advisory Council;
8.  Regulatory Fairness Board;
9.  State Education and Employment Outcomes Task Force; and
10.  Tobacco Prevention and Control Advisory Council.