An Act To Correct Errors and Inconsistencies in the Laws of Maine
Maine Legislature, Session 121, LD 1916
Committee: Judiciary
Amends: 4 MRSA §183, 5 MRSA §7-B, 5 MRSA §12004-K, 5 MRSA §13083-C, 5 MRSA §13120-G, 5 MRSA §17001, 7 MRSA §1333, 7 MRSA §4209, 9 MRSA §2301, 9 MRSA §3201, 15 MRSA §3003, 15 MRSA §3103, 17-A MRSA §1105-A, 20-A MRSA §10006, 20-A MRSA §15602, 20-A MRSA §15604, 20-A MRSA §15607, 20-A MRSA §15610, 21-A MRSA §1125, 21-A MRSA §1204, 21-A MRSA §1204-A, 25 MRSA §2801-B, 26 MRSA §833, 27 MRSA §94, 27 MRSA §71, 27 MRSA §95, 27 MRSA §72, 29-A MRSA §101, 29-A MRSA §525, 29-A MRSA §2251, 32 MRSA §3501, 32 MRSA §13787-A, 36 MRSA §1760, 36 MRSA §5122, 37-B MRSA §264, 38 MRSA §423, 38 MRSA §480-F, 4 MRSA §1057-A, 15 MRSA §1702, 30-A MRSA §5953-D, 10 MRSA §1171-B, 29-A MRSA §2380

Legislative Document 
No. 1916 
H.P.1418 
House of Representatives, March 9, 2004 
An Act To Correct Errors and Inconsistencies in the Laws of Maine 
(EMERGENCY) 
Reported by Representative NORBERT of Portland for the Revisor of Statutes pursuant to 
the Maine Revised Statutes, Title 1, section 94. 
Reference to the Committee on Judiciary suggested and ordered printed under Joint Rule 
218. 
Printed. on recyc led paper 
7r/~ 
/J7·711d£~ 
MILLICENT M. MacFARLAND 
Clerk 
Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, Acts 
of 
this 
and 
previous 
Legislatures 
have 
resulted in certain technical errors and inconsistencies in the 
laws of Maine; and 
Whereas, 
these 
errors 
uncertainties and confusion in 
and 
and 
inconsistencies 
interpreting legislative 
create 
intent; 
Whereas, it is vitally 
ne~essary that these uncertainties 
and this confusion be resolved in order to prevent any injustice 
or hardship to the citizens of 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. 4 MRSA §183, sub-§I, ,D, as amended by PL 2003, c. 39, 
§l and c. 84, §l, is repealed and the following enacted in its 
place: 
D. 
Family case management officers shall employ appropriate 
case management techniques and have jurisdiction to hear and 
dispose of the following matters: 
(1) 
Interim 
orders 
in 
actions 
involving 
the 
establishment, 
modification or 
enforcement 
of 
child 
support; 
(2) 
Interim orders in actions involving divorce, legal 
separation, 
paternity or 
parental 
rights, 
including 
interim orders in postjudgrnent proceedings arising out 
of 
these 
actions, 
except 
that 
a 
contested 
motion 
concerning 
interim 
parental 
rights 
and 
responsibilities, 
excluding 
interim 
child 
support 
orders, may be determined by the family case management 
officer only if both parties consent to determination 
of the issue or issues in dispute by the family case 
management officer; 
(2-A) 
Parental 
rights 
and 
responsibilities 
and 
parent-Child contact orders entered pursuant to Title 
19-A, section 4007 I 
subsection 1, paragraph G, to make 
Page l-LR2678(1} 
such orders consistent with subsequently entered orders 
in matters included in subparagraphs (1), (2) and (3); 
(3) 
Final orders in any of the matters included in 
subparagraphs 
(1) 
and 
(2) 
when 
the 
proceeding 
is 
uncontested; 
(4) 
Final orders in a contested proceeding when child 
support is the only contested issue; 
(4 A) 
Applications 
for writs 
of 
habeas 
corpus 
to 
facilitate the attendance of proceedings by and return 
of a party who is incarcerated; 
(4-B) 
Requests for access to confidential Department 
of 
Human 
Services 
child 
protective 
records 
in 
accordance with Title 22, 
section 4008. 
The family 
case management officer may review records in Camera to 
determine whether to grant access; and 
(5) 
Other actions assigned by the Chief Judge of the 
District Court. 
Sec. 2. 5 MRSA §7-B, as amended by PL 1999, c. 155, Pt. A, 
§l, is further amended to read: 
§7-B. Use of state vehicles for commuting 
A state-owned or state-leased vehicle may not be used by any 
employee to commute 
between home 
and work, 
except for those 
vehicles authorized and assigned to employees of the Baxter State 
Park 
Authority 
and 
to 
law 
enforcement officials within 
the 
following organizational units: 
Bureau of State Police; Maine 
Drug Enforcement Agency; Office of the State Fire Marshal; 
8H~ea~ 
e~--b1~He~--Es~eFeemes~ the division within the Department 
of 
Public Safety designated by the Commissioner of Public Safety to 
enforce 
the 
law 
relating 
to 
the 
manufacture, 
importation, 
storage, transportation and sale of all liquor and to administer 
those laws relating to licensing and collection of taxes on malt 
liguor and wine; 
Bureau of Motor Vehicles; 
Bureau of Marine 
Patrol; Bureau of Forestry, Division of Forest Protection; Bureau 
of Warden Service; and Bureau of Parks and Lands. 
Sec. 3. 5 MRSA §12004-K, sub-§9, as enacted by PL 1987, c. 
786, §5, is repealed. 
Sec. 4. 5 MRSA §13083-C, sub-§l, ,C, as enacted by PL 2001, c. 
568, §1, is amended to read: 
C. 
Exercise all of the general powers of corporations under 
Title la-A~, section 6G6 302; 
Sec. 5. 5 MRSA §13120-G, sub-§2, as enacted by PL 2001, c. 
703, §6, is amended to read: 
2. 
Authority 
for 
transfers 
of 
interest 
in 
land 
to 
authority. 
Notwithstanding any other provision of law, upon the 
authority's request, on reasonable and fair terms and conditions 
and without the necessity for advertisement, order of court or 
action or formality other than the regular and formal action of 
the 
authorities 
concerned, 
counties, 
municipalities, 
public 
agencies 
or 
instrumentalities 
of 
the 
State, 
public 
service 
corporations and special districts may lease, 
lend, 
grant or 
convey to the authority real or personal property or rights in 
that property that 
may 
be 
necessary or 
convenient 
for 
the 
effectuation 
of 
the 
authorized 
purposes 
of 
the 
authority, 
including real and personal property or rights in that property 
already devoted to public use. 
As used in this subsection, the 
term "public service corporation" includes a public utility as 
defined 
in 
Title 
3S-A, 
section 
102, 
subsection 
and 
a 
corporation as defined in Title l~-A 13-C. 
Sec. 6. 5 MRSA §17001, sub-§40, as amended by PL 2001, c. 239, 
§2 and affected by §S and amended by c. 374, §4 and amended by PL 
2003, c. 20, Pt. 00, §2 and affected by §4, is repealed and the 
following enacted in its place: 
40. 
State employee. 
"State employee" means 
any regular 
classified or unclassified officer or employee in a department, 
any employee of the Maine Community College System except those 
who make the election provided under Title 20-A, section 12722, 
any employee of the Governor Baxter School for the Deaf except as 
provided 
in Title 
20-A, 
section 
7407, 
subsection 
3-A, 
any 
employee of the Maine Military Authority, any employee of the 
Northern New England Passenger Rail Authority and any employee 
transferred from the Division of Higher Education Services to the 
Finance Authority of Maine who elects to be treated as a state 
employee, but does not include: 
so 
A. 
A judge, as defined in Title 4, section 1201 or 1301, 
who is now or later may be entitled to retirement benefits 
under Title 4, chapter 27 or 29; 
B. 
A member of the State Police who is now entitled to 
retirement benefits under Title 2S, chapter 19S: or 
c. 
A Legislator who is now or later may be entitled to 
retirement benefits under Title 3, chapter 29. 
Sec. 7. 7 MRSA §1333, sub-§I, ,B, as enacted by PL 2003, c. 
386, §6, is amended to read: 
B. 
"Discrepancy" means an instance in which a holder of a 
license under subsection 
~ 2. has failed to comply with a 
requirement under this Part. 
Sec. 8. 7 MRSA § 1333, sub-§§3 to 6, as enac ted by PL 2003, c. 
386, §6, are amended to read: 
3. 
Inspection. 
The commissioner or commissioner's designee 
shall conduct an inspection of an applicant's premises before the 
initial issuance or renewal of a license under subsection 
~ 2. or 
at any time during the pendency of a license under subsection ~ 2. 
if 
the 
department 
believes 
the 
license 
holder 
is 
not 
in 
compliance with the provisions of this Part. 
4. 
Renewal. 
If an inspection for a renewal of a license 
under subsection 
~ 2. reveals a discrepancy, the inspector shall 
note the discrepancy on an inspection form. 
The commissioner may 
issue a 
temporary license under subsection 
~ 2. 
and give the 
license holder 
a 
reasonable 
amount 
of 
time 
to correct the 
discrepancy. 
Upon a subsequent inspection of the premises of a 
temporary license holder under this subsection, the commissioner 
shall renew the license under subsection 
~ 2. if the license 
holder has 
corrected all of 
the discrepancies 
noted on 
the 
inspection form from the prior inspection. 
5. 
Penalties. 
Any 
person 
engaged 
in the 
business 
of 
propagating, 
possessing, 
buying or selling cervids without 
a 
license under subsection 
~ 2. commits a civil violation for which 
a fine not to exceed $100 per day for each violation may be 
adjudged, except that the total of the fines may not exceed 
$25,000. 
6. 
Records. 
A holder of 
a 
license issued pursuant to 
subsection 
~ 2 shall maintain records that include the date and 
location of birth and the date of death or departure of each 
cervid in the license holder's herd. 
Sec. 9. 7 MRSA §4209, as amended by PL 2003, c. 283, §4 and 
repealed by c. 452, Pt. 
B, 
§29 and affected by Pt. X, §2, is 
repealed. 
Sec. 10. Effective date. 
That section of this Act that repeals 
the Maine Revised Statutes, Title 7, section 4209 takes effect 
July 1, 2004. 
Sec. 11. 9 MRSA §2301, as amended by PL 1987, c. 769, Pt. A, 
§38, is further amended to read: 
§2301. Industrial loan companies 
All corporations chartered and doing business as "industrial 
loan companies" pursuant to this section and former 
sections 
2302, 2303, 2341 to 2345 and 2381 and 2382 and wR~eR that were 
not accepting certificates of investment prior to June 1, 1967 
are hereby made corporations organized under Title l~-A 13-C and 
such "industrial loan companies" sRal-l--ae are subject to Title 
9-A to the extent that the activities of such companies are 
within the provisions of Title 9-A. 
Sec. 12. 9 MRSA §3201, as amended by PL 1999, c. 127, Pte A, 
§17, is further amended to read: 
§3201. Loan companies 
All 
corporations 
chartered 
and 
doing 
business 
as 
"loan 
companies" pursuant to sections 3201 to 3210 as repealed on June 
2, 1975 are hereby made corporations organized under Title 
l~-A 
13-C and such "loan companies" are subject to Title 9-A to the 
extent that the activities of these companies are within the 
provisions of Title 9-A. 
Sec. 13. 15 MRSA §3003, sub-§14-B, ,B, as amended by PL 2003, 
c. 180, §2 and c. 410, §4, is repealed and the following enacted 
in its place: 
B. 
To l?rovide al?l?rol?r iate services to juveniles committed 
to 
a 
Del?artment 
o.f 
Corrections 
juvenile 
correctional 
facility who are on leave or in the community on community 
reintegration; and 
Sec. 14. 15 MRSA §3103, sub-§I, ,G, as amended by PL 2003, c. 
305, §3 and c. 410, §6, is repealed and the following enacted in 
its place: 
G. 
A violation of section 393, subsection 1, l?aragral?h C or 
section 393, subsection I-A; and 
Sec. 15. 17-A MRSA §1105-A, sub-§I, ,1fI and J, as amended by PL 
2003, c. 1, §7 and c. 476, §l, are repealed and the following 
enacted in their place: 
I. 
At the time of the offense, the l?erson trafficks in 300 
or more l?ills, cal?sules, tablets, vials, aml?ules, syringes 
or units containing any narcotic drug other than heroin, or 
any quantity of l?ills, cal?sules, tablets, units, coml?ounds, 
mixtures or substances that, in the aggregate, contain 8,000 
milligrams or more of oxycodone or 1,000 milligrams or more 
of hydromorphone. 
Violation of this paragraph is a Class A 
crime: 
J. 
At the time of the offense, the person trafficks in a 
quanti ty of 300 or more pills, capsules, tablets or units 
containing 3, 4-methylenedioxymethamphetamine, MDMA, or any 
other drug listed in section 1102, subsection L 
paragraph 
O. 
Violation of this paragraph is a Class A crime; 
Sec. 16. 17-A MRSA c. 49, as amended, is further amended by 
repealing the chapter headnote and enacting the following in its 
place: 
CHAPTER 49 
PROBATIQH 
Sec. 17. 17 -A MRSA § 1252, sub-§4-A, as amended by PL 2003, c. 
143, §9 and c. 475, §1, is repealed and the following enacted in 
its place: 
4-A. 
If the State pleads and proves that. at the time any 
crime, excluding murder, under chapter 9, 11, 13 or 27 or section 
402-A, subsection 1, paragraph A was committed, the defendant had 
been convicted of 2 or more crimes violating chapter 9, 11, 13 or 
or section 402-A, 
subsection L 
paragraph A or essentially 
similar crimes in other jurisdictions, the sentencing class for 
the crime is one class higher than it would otherwise be. 
In the 
case of a Class A crime, the sentencing class is not increased, 
but the prior record must be given serious consideration by the 
court when imposing a sentence. 
Section 9-A governs the use of 
prior convictions when determining a sentence, except that. for 
the purposes of this subsection, for violations under chapter 11, 
the dates of prior convictions may have occurred at any time. 
This subsection does not apply to section 210-A if the prior 
convictions have already served to enhance the sentencing class 
under section 210-A, subsection 1, paragraph C. 
Sec. 18. 20-A MRSA §10006, sub-§5, ,A, as enacted by PL 1999, 
c. 511, §1 and amended by PL 2003, c. 20, Pt. 00, §2 and affected 
by §4, is further amended to read: 
A. 
For an appropriated amount of more than $10,000,000: 
(1) 
University of Maine System 
(2) 
Maine Community College System 
(3) 
Maine Maritime Academy 
Sec. 19. 20-A MRSA §15602, sub-§18, ,A, as enacted by PL 2003, 
c. 20, Pt. C, §2, is amended to read: 
A. 
A school administrative unit is eligible for a prorated 
share of the tier 1 cushion of $4,000,000 if the school 
administrative unit meets the following criteria: 
(1) 
The 
school 
administrative 
unit's 
fiscal 
year 
2002-03 mills raised for education as calculated by the 
department is equal to or greater than 9.97 mills; 
(2) 
The school administrative unit's per pupil fiscal 
capacity for operating costs in fiscal year 2003-04 is 
equal to or less than $837,548; and 
(3) 
The school administrative unit's state share of 
subsidy for fiscal year 2003-04 for operating costs and 
program 
costs, 
excluding 
the 
state 
share 
of 
bus 
purchases plus minimum subsidy, is less than the state 
share of subsidy for fiscal year 2002-03 for operating 
costs and program costs, excluding the state share of 
bus purchases plus minimum subsidy, and the fiscal year 
2002-03 cushion provision under former subsection 16. 
Sec. 20. 20-A MRSA §15602, sub-§19, ,A, as enacted by PL 2003, 
c. 20, Pt. C, §2, is amended to read: 
A. 
A school administrative unit is eligible for a prorated 
share of the tier 2 cushion of $1, 000,000 if the school 
administrative unit meets the following criteria: 
(1) 
The 
school 
administrative 
unit's 
fiscal 
year 
2002-03 mills raised for education as calculated by the 
department is equal to or greater than 9.97 mills; and 
(2) 
The school administrative unit's state share of 
subsidy for fiscal year 2003-04 for operating costs and 
program 
costs, 
excluding 
the 
state 
share 
of 
bus 
purchases plus 
mlnlmum 
subsidy and the fiscal year 
2003-04 initial cushion set forth in subsection 18, is 
less than the school administrative unit's state share 
of subsidy for fiscal year 2002-03 for operating costs 
and program costs, excluding the state share of bus 
purchases plus 
mlnlmum 
subsidy and the fiscal year 
2002-03 cushion provision under former subsection 16. 
Sec. 21. 20-A MRSA §15604, sub-§I, ,C, as amended by PL 1997, 
c. 326, §3, is further amended to read: 
c. 
Special education tuition and board, excluding medical 
costs, defined as follows: 
(1) 
Tuition and board for pupils placed by school 
administrative units; 
(2) 
Tuition and board for pupils placed di rectly by 
the State in accordance with rules adopted or amended 
by the commissioner; and 
(3) 
Special education tuition and other tuition for 
institutional residents of state-operated institutions 
attending programs in school administrative units or 
private schools ln accordance with rules adopted or 
amended by the commissioner; aBs 
Sec. 22. 20-A MRSA §15607, sub-§3, ~A, as enacted by PL 1999, 
c. 401, Pt. GG, §3, is amended to read: 
A. 
Adjustments 
section 15612t 
subsection 
13, 
education pupils 
described in 
see1:ieB--l~ ... -~iGn--±6t 
and section 15613, 
except section 15613, 
including 
an 
appropriation 
for 
special 
placed directly by the State for: 
(1) Tuition and board for pupils placed directly by the 
State in accordance with rules adopted or amended by 
the commissioner; and 
(2) Special educational tuition and other tuition for 
residents 
of 
state-operated 
institutions 
attending 
programs 
in 
school 
administrative 
units 
or private 
schools in accordance with rules adopted or amended by 
the commissioner; 
Sec. 23. 20-A MRSA §15610, sub-§l, ~C, as amended by PL 1989, 
c. 875, Pt. E, §29, is further amended to read: 
c. 
The state share of the foundation allocation for each 
administrative unit is limited to the same proportion of the 
maximum allocation as the local administrative unit raises 
of its maximum local share of the foundation allocation. 
~er-~£e-~~~--&a~&-S~B6ee1:ieR-eR~y-~~~--~~&&a~-year 
±999-9±-~~--&ae-~~~~~-~a~-££a~e-~-be-~~-BY 
1:Re-6affie-~~€eR~a~e-~~~~~~-~iGn--~~-1:ae-s1:aEe 
sHBsisy-speei£ies-iB-seeEieB-±9a9a T -sHBseeEieB-4T 
Sec. 24. 21-A MRSA §1125, sub-§8, ~C, as amended by PL 2003, 
c. 453, §l, is further amended to read: 
C. 
For contested legislative general elections, the amount 
of revenues distributed is the average amount of campaign 
expenditures made by each candidate during all contested 
general 
election 
races 
for 
the 
immediately 
preceding 
general elections, as reported in the initial filing period 
subsequent to the general electionL 
forT 
the 
respective 
offices of State Senate and State House of Representatives. 
Sec. 25. 21-A MRSA §1125, sub-§9, as amended by PL 2003, c. 
448, §5 and c. 453, §2, is repealed and the following enacted in 
its place: 
9. 
Matching funds. 
When any campaign, finance or election 
report 
shows 
that the 
sum 
of 
a 
candidate's expenditures 
or 
obligations, or funds raised or borrowed, whichever is greater, 
alone or in conjunction with independent expenditures reported 
under 
section 1019-B, 
exceeds 
the distribution 
amount 
under 
subsection 8, 
the 
commission shall issue 
immediately to 
any 
opposing Maine Clean Election Act candidate an additional amount 
equivalent to the reported excess. 
Matching funds are limited to 
times the amount originally distributed under subsection 8, 
paragraph A, C, E or F, whichever is applicable. 
Sec. 26. 21-A MRSA §1204, sub-§55, ~A, as repealed by PL 2003, 
c. 44, §l and amended by c. 62, §2 and affected by §§5 and 6, is 
repealed. 
Sec. 27. 21-A MRSA §1204-A, sub-§61, ~A, as enacted by PL 
2003, c. 289, §l, is amended to read: 
A. 
In 
Lincoln 
County, 
the 
following 
undefined 
ocean 
divisions: 
Block 0996 and Block 0997 of Tract 000000; and 
the minor civil divisions of Boothbay, 
Boothbay Harbor, 
Southport and Westport Island; and 
Sec. 28. 22 MRSA c. 1, as amended, 
is further amended by 
repealing the chapter headnote and enacting the following in its 
place: 
CHAPTER 1 
DEPARTMENT OF HUMAN SERVICES 
Sec. 29. 25 MRSA §2801-B, sub-§l, ~H, as amended by PL 2003, 
c. 400, §3, is further amended to read: 
H. 
The State Fire Marshal; or 
Sec. 30. 25 MRS A §2801-B, sub-§I, ~I, as amended by PL 2003, c. 
400, §3, is repealed. 
Sec. 31. 26 MRSA §833, sub-§l, ~D, as amended by PL 2003, c. 
306, §1 and c. 357, §1, is repealed and the following enacted in 
its place: 
D. 
The employee acting in good faith has refused to carry 
out 
a directive to engage in activity that would be 
a 
violation of a law or rule adopted under the laws of this 
State, a political subdivision of this State or the United 
States or that would expose the employee or any individual 
to a condition that would result in serious injury or death, 
after having sought and been unable to obtain a correction 
of the illegal activity or dangerous condition from the 
employer: or 
Sec. 32. 27 MRSA c. 2, sub-c. 3, as amended, is reallocated to 
MRSA c. 1, sub-c. 4. 
Sec. 33. 27 MRSA §94, as enacted by PL 1985, c. 754, §1, is 
reallocated to 27 MRSA §71. 
Sec. 34. 27 MRSA §95, as amended by PL 1989, c. 700, Pte B, 
§23, is reallocated to 27 MRSA §72. 
Sec. 35. 29-A MRSA §101, sub-§32-A, as amended by PL 2003, c. 
397, §1 and c. 414, Pte 
B, §41 and affected by Pte 
D, 
§7, is 
repealed and the following enacted in its place: 
32-A. 
Low-speed 
vehicle. 
"Low-speed 
vehicle" 
means 
a 
4-wheeled automobile that is able to attain a speed of at least 
miles per hour but not more than 25 miles per hour and does 
not exceed 1, 800 pounds in unloaded weight. 
"Low-speed vehicle" 
does not include an ATV as defined in Title 12, section 13001. 
A 
low-speed vehicle must be originally manufactured and maintained 
in accordance with the Federal Motor Vehicle Safety Standards as 
a low-speed vehicle pursuant to 49 Code of Federal Regulations, 
Section 571.500, as amended. 
Sec. 36. Effective date. 
That section of this Act that repeals 
and replaces the Maine Revised Statutes, Title 29-A, section 101, 
subsection 32-A takes effect 90 days after adjournment of the 
Sec. 37. 29-A MRSA §525, sub-§9, as repealed by PL 2003, c. 
434, §10 and affected by §37 and repealed and replaced by c. 452, 
Pt. Q, §7 and affected by Pt. X, §2, is repealed. 
Sec. 38. 29-A MRSA §525, sub-§9-A, as enacted by PL 2003, c. 
434, 
§10 and affected by §37, 
is repealed and the following 
enacted in its place: 
9-A. 
Violation. 
The 
following 
penalties 
apply 
to 
violations of this section. 
A. 
Except as provided in paragraph B, a person who violates 
this section commits a Class E crime. 
B. 
A person who 
displays 
or 
causes 
or 
permits 
to 
be 
displayed a 
false decal or permit or a 
decal or permit 
issued to another person commits a Class D crime. 
An 
owner or operator stopped for violating this section and 
against whom enforcement action has been taken does not commit a 
subsequent violation of this section involving the same vehicle 
until after the close of business on the next business 
day 
following the date of the violation. 
The court shall impose a fine of at least $250, which may not be 
suspended. 
Violation of this section is a strict liability crime as defined 
in Title 17-A, section 34, subsection 4-A. 
Sec. 39. Effective date. 
Those sections of this Act that repeal 
the Maine Revised Statutes, Title 29-A, section 525, subsection 9 
and repeal and replace Title 29-A, section 525, subsection 9-A 
take effect July 1, 2004. 
Sec. 40. 29-A MRS A §1752. sub-§9, as amended by PL 2003, c. 
125, §3 and c. 397, §6, is repealed and the following enacted in 
its place: 
9. 
Registered in this State. 
A motor vehicle registered in 
this State displaying a 
valid certificate of inspection from 
another 
state 
or 
a 
federally 
approved 
commercial 
vehicle 
inspection program until its normal expiration: 
Sec. 41. 29-A MRS A §2251, sub-§3, 1[A, as amended by PL 2003, 
c. 340, §9 and c. 434, §23 and affected by §37, is repealed and 
the following enacted in its place: 
A. 
Shall prepare and supply forms and approve the format 
for 
electronic 
submission 
for 
reports 
that 
require 
sufficiently detailed information to disclose the cause, 
conditions, 
persons 
and 
vehicles 
involved, 
including 
information to permit the Secretary of State to determine 
Page ll-LR2678(1) 
whether 
the 
requirement 
for 
proof 
of 
financial 
responsibility is inapplicable: 
Sec. 42. 29-A MRS A §2251, sub-§4,~, as amended by PL 2003, 
c. 340, §10 and c. 434, §24 and affected by §37, is repealed and 
the following enacted in its place: 
B. 
Within 5 days 
from the time of notification of the 
accident, 
transmit 
an electronic report or 
the original 
written report containing all available information to the 
Chief of the State Police. 
Sec. 43. 29-A MRSA §2251, sub-§l1, as amended by PL 2003, c. 
414, Pt. B, §46 and affected by Pt. D, §7 and amended by c. 434, 
§28 and affected by §37, is repealed and the following enacted in 
its place: 
11. 
Exemption. 
The 
operator 
of 
a 
snowmobile 
or 
an 
all terrain vehicle as defined by Title 12, section 13001, unless 
the all terrain vehicle is registered for highway use by the 
Secretary of State under this Title, is exempt from the reporting 
requirements of subsection 2. 
Sec. 44. Effective date. 
That section of this Act that repeals 
and replaces the Maine Revised Statutes, Title 29-A, 
section 
2251, subsection 11 takes effect 90 days after the adjournment of 
the Second Regular Session of the 121st Legislature. 
Sec. 45. 30-A MRSA c. 206, sub-c. 3, as enacted by PL 2003, c. 
451, Pt. NNN, §2, is repealed. 
Sec. 46. 30-A MRSA c. 206, sub-c. 4 is enacted to read: 
SUBCHAPTER 4 
PINE TREE DEVELOPMENT ZONES 
§5250-H. 
Findings and declaration of necessity 
l. 
Legislative finding. 
The Legislature finds that there 
is a need to encourage development in economically distressed 
areas of the State in order to: 
A. 
Provide new employment opportunities; 
B. 
Improve existing employment opportunities; 
C. 
Improve and broaden the tax base; and 
D. 
Improye the general economy of the State. 
2. 
Authorization. 
For the reasons set out in subsection 
1, a unit of local government, or 2 or more cooperating units of 
local government, may develop a program for improving a district 
within its collective boundaries: 
A. 
To provide impetus for targeted business development; 
B. 
To increase employment; and 
C. 
To provide the facilities outlined in the development 
program 
adopted 
by 
the 
participating 
units 
of 
local 
government. 
3. 
Declaration of public purpose. 
The Legislature declares 
that the actions required to assist the implementation of these 
development programs are a public purpose and that the execution 
and financing of these programs are a public purpose. 
§5250-I. 
Definitions 
As 
used in this subchapter, unless the context otherwise 
indicates, the following terms have the following meanings. 
1. 
Affiliated business. 
"Affiliated business" 
means 
a 
member of a group of 2 or more businesses in which more than 
50~b 
of the voting stock of each member corporation or more than 50"0 
of the ownership interest in a business other than a corporation 
is directly or indirectly owned by a 
common owner or owners, 
either corporate or noncorporate, or by one or more of the member 
businesses. 
2. 
Applicant. 
"Applicant" 
means 
any 
unit 
of 
local 
government and any group of cooperating units of local government 
in 
the 
State 
that 
apply 
for 
designation 
as 
a 
Pine 
Tree 
Development Zone under section 5250-J. 
3. 
Average 
emploFJlE!nt 
during 
base 
period. 
"Average 
employment during base period" for a business means the total 
number of qualified employees of that business on each of 
consecutive measurement days in each of the 3 calendar years in 
the base period as chosen by the business divided by 18. 
4. 
Base level of employment. 
"Base level of employment" 
means the greater of either the total employment in the State of 
a business and its affiliated businesses as of the December 31st 
immediately preceding its certification as a qualified Pine Tree 
Development Zone business or its average employment during the 
base period. 
Page l3-LR2678(1) 
5. 
Base period. 
"Base period" means the 3 calendar years 
prior to the year in which a business is certified as a qualified 
Pine Tree Development Zone business. 
6. 
Conmissioner. 
"Commissioner" means the Commissioner of 
Economic and Community Development. 
7. 
Department. 
"Department" 
means 
the 
Department 
of 
Economic and Community Development. 
8. 
Financial services. 
"Financial services" means services 
provided by an insurance company subject to taxation under Title 
36, 
chapter 357; 
a 
financial institution subject to taxation 
under Title 36, chapter 819; or a mutual fund service provider as 
defined in Title 36, section 5212, subsection 1, paragraph E. 
9. 
Labor market average weekly wage. 
"Labor market average 
weekly wage" means the average weekly wage as published by the 
Department of Labor for the labor market or markets in which 
potential qualified Pine Tree Development 
Zone 
employees 
are 
located for the 12 most recently reported months preceding the 
date of application for zone designation. 
10. 
Labor 
market 
unemployment 
rate. 
"Labor 
market 
unemployment 
rate" 
means 
the 
average 
unemployment 
rate 
as 
published by the Department of Labor for the labor market or 
markets in which potential qualified Pine Tree Development Zone 
employees are located for the 12 most recently reported months 
preceding the date of application for zone designation. 
11. 
Manufacturing. 
"Manufacturing" means the production of 
tangible 
personal 
property 
intended 
to 
be 
sold 
or 
leased 
ultimately for final use or consumption or the production of 
tangible 
personal 
property pursuant 
to 
a 
contract with 
the 
Federal Government or any agency thereof. 
12. 
Person. 
"Person" has the same meaning as defined in 
Title 36, section Ill, subsection 3. 
13. 
Pine Tree Development Zone. 
"Pine 
Tree Development 
Zone" or "zone" means a specified area within the boundaries of a 
unit of local government, or within the boundaries of cooperating 
units of local government in a multijurisdictional application, 
that has been designated by the commissioner as 
a 
Pine Tree 
Development Zone in accordance with section 5250-J. 
14. 
Pine 
Tree 
Development 
Zone 
benefits. 
"Pine 
Tree 
Development Zone benefits" means: 
A. 
The 
exclusion from 
the limitations established under 
section 
5223, 
subsection 
of 
tax 
increment 
financing 
districts included within a Pine Tree Development Zone; 
B. 
Expanded 
employment 
tax 
increment 
financing 
benefits 
under Title 36, chapter 917; 
c. The sales tax exemptions under Title 36, section 1760, 
subsections 86 and 87; and 
D. 
The Pine Tree Development Zone tax credits provided by 
Title 36, sections 2529 and 5219-W. 
15. 
Production. 
"Production" 
has 
the 
same 
meaning 
as 
defined in Title 36, section 1752, subsection 9-B. 
16. 
Qua1ified 
business 
activity. 
"Qualified 
business 
activity" means a business activity that is conducted within a 
Pine Tree Development Zone and is directly related to financial 
services, manufacturing or 
a 
targeted technology business for 
which the business receives a certificate from the commissioner 
pursuant to section 5250-0. 
17. 
Qualified 
Pine 
Tree 
Development 
Zone 
business. 
"Qualified Pine Tree Development 
Zone business" or "qualified 
business" means any for-profit business in this State engaged in 
financial 
services, 
manufacturing 
or 
a 
targeted 
technology 
business that adds qualified Pine Tree Development Zone employees 
above its base level of employment in this State and that meets 
the following criteria: 
A. 
It demonstrates that the establishment or expansion of 
operations wi thin the Pine Tree Development Zone would not 
occur within the State absent the availability of the Pine 
Tree 
Development 
Zone 
benefits. 
The 
department 
shall 
investigate whether the business has met the requirements of 
this 
paragraph 
and 
provide 
an 
advisory opinion 
to 
the 
Executive Director of the Bureau of Revenue Services in the 
Department of Administrative 
and Financial Services, 
who 
shall make the final determination; and 
B. It has received a certificate as a qualified business 
pursuant to section 5250-0. 
18. 
Qualified 
Pine 
Tree 
Development 
Zone 
employees. 
"Oualified Pine 
Tree 
Development 
Zone 
employees" 
means 
new, 
full-time employees hired in this State by a qualified Pine Tree 
Development 
Zone 
business 
for 
work directly in one 
or more 
qualified business 
activities 
for 
whom 
a 
retirement 
program 
subject to the Employee Retirement Income Security Act of 1974, 
United States Code, Sections 101 to 1461 (2003) 
and group 
health 
insurance 
are 
provided 
and 
whose 
wages 
derived 
from 
employment within the Pine Tree Development Zone are greater than 
the average annual per capita wages in the local labor market 
area in the county in which the g;ualified employee is employed. 
Qualified Pine Tree Development Zone employees must be residents 
of this State. 
19. 
State average weekly wage. 
"State average weekly wage" 
means the average weekly wage as published by the Department of 
Labor for the State as a whole for the 12 most recently reported 
months preceding the date of application for zone designation. 
20. 
State unemployment rate. 
"State unemployment 
rate" 
means the average unemployment rate published by the Department 
of Labor for the State as 
a whole for the 12 most recently 
reported months 
preceding 
the 
date 
of 
application 
for 
zone 
designation. 
21. 
Targeted 
technology business. 
"Targeted 
technology 
business" 
means 
a 
business primarily involved in a 
targeted 
technology as defined in Title 5, section 15301. 
22. 
Unit of local government. 
"Unit of local government" 
means a municipality, county, plantation, unorganized territory 
or Indian tribe. 
§S2S0-J. 
Pine Tree Development Zones 
1. 
Creation. 
One or more units of local government, or an 
organization representing one or more units of local government, 
may apply to the commissioner for the designation of a Pine Tree 
Development Zone within the boundaries of the unit or units of 
local government in accordance with the reg;uirements of this 
subchapter. 
County 
governments 
may 
apply 
on 
behalf 
of 
unorganized territories. Groups of units of local government may 
apply 
for 
multijurisdictional 
or 
joint 
projects. 
Multijurisdictional applications reg;uire designation of one unit 
of local government as the lead applicant and consent for that 
designation 
by 
each participating unit of 
local 
government. 
Counties may also apply on behalf of a consortium of units of 
local government. The designation of a Pine Tree Development Zone 
may not conflict with the provisions of a municipal or other unit 
of local government charter. 
Zones that meet the requirements of 
subsection 2 are authorized for designation as follows: 
A. 
Aroostook County, 
including up to 100 acres of land 
reserved for the Aroostook Band of Micmacs and the Houlton 
Band of Maliseet Indians; 
B. 
The Androscoggin Valley region, including the Lewiston 
Enterprise 
Community 
Zone 
as 
designated 
by 
the 
federal 
Agriculture, 
Rural 
Development, 
Food 
and 
Drug 
Administration, 
and Related Agencies, 
Appropriations Act, 
Public Law 105-277 (1999); 
C. 
The Penobscot Valley region, including up to 500 acres 
of land reserved for the Penobscot Nation; and 
D. 
Washington County and the Downeast region, including up 
to 500 acres of land reserved for the Passamaquoddy Tribe. 
No more than one zone may be established in each of the areas 
specified in paragraphs A to D, except that the commissioner may 
designate 
up 
to 
additional 
zones 
through 
the 
process 
established in section 5250-L. 
2. 
Requirements for designation. 
The commissioner shall 
adopt 
rules 
establishing 
the 
minimum 
requirements 
for 
the 
designation of Pine Tree Development Zones. 
Additionally, each 
participating unit of local government must agree to maintain at 
least one prepermitted construction or development site available 
within the zone on a continual basis throughout the term of the 
~ 
3. 
Limitations. 
The designation of Pine Tree Development 
Zones is subject to the following limitations: 
A. 
The total area of a zone, including all noncontiguous 
parcels, may not exceed 5,000 acres; 
B. 
A zone located in Aroostook County 
as described in 
subsection 1, paragraph A may include property that is also 
included within the Aroostook County Empowerment 
Zone 
as 
designated by the federal Community Renewal Tax Relief Act 
of 2000, Public Law 106-554; 
C. 
Pine Tree Development Zone benefits may not be used to 
encourage or facilitate the transfer of existing positions 
or property of a qualified business or affiliated businesses 
into a zone from a location elsewhere in the State; 
D. 
Pine Tree Development Zone benefits may not be provided 
based upon any employees or positions transferred by the 
business 
or 
affiliated 
businesses 
into 
a 
Pine 
Tree 
Development Zone from a location elsewhere in the State; 
E. 
A Pine Tree Development Zone may not consist of more 
than 20 noncontiguous parcels of property; 
Page l7-LR2678(1) 
F. 
All property included within the boundaries of a Pine 
Tree Development 
Zone must be suitable for 
one or more 
qualified Pine Tree Development Zone business activities; 
G. 
All property included within a 
Pine Tree Development 
Zone must meet one of the following: 
(1) 
The property is located within a market area for 
which the labor market unemployment rate is greater 
than the state unemployment rate at the time of the 
application; or 
(2) 
The property is included within a county in which 
the average weekly 
wQa~gse~~i~sL-~b~e~l~o~w~~tdh~e~~s~t~a~t~e~~a~v~e~r~a~g~e 
weekly wage at the time of the application. 
In the case of a multijurisdictional or joint application, 
the requirements of this paragraph are met if the combined 
unemployment 
rate 
of 
the 
cooperating 
units 
of 
local 
government meets the requirements of subparagraph (1) or the 
average 
weekly 
wage 
of 
the 
cooperating units 
of 
local 
government, 
on 
a 
per-employed-worker 
basis, 
meets 
the 
requirements of subparagraph (2); and 
H. 
The restrictions contained in paragraph G may be waived 
for property that is contained within a labor market area 
that has sustained a greater than 5% loss of population or 
employed 
workers 
during 
the 
3-year 
period 
immediately 
preceding the time of application if the loss was caused by 
business closings. 
4. 
Application. 
An application for designation of a Pine 
Tree 
Development 
Zone 
must 
include, 
but is 
not 
necessarily 
limited to, the following: 
A. 
A narrative description of the Pine Tree Development 
Zone to be designated; 
B. 
Maps 
and any other information necessary to clearly 
identify 
the 
geographic 
boundaries 
of 
the 
Pine 
Tree 
Development Zone and any subzones it may include; 
C. 
Evidence that the Pine Tree Development Zone meets the 
requirements of subsection 3; 
D. 
Any information evidencing economic distress; and 
E. 
A development plan that includes: 
(1) Documentation of all municipal commitments required 
under subsection 2: 
(2) A description of how the Pine Tree Development Zone 
will be administered, including any related interlocal 
cooperative agreements; 
(3) A description of the goals and objectives to be 
accomplished through the Pine Tree Development Zone: 
( 4) A description of the resources to be commi t ted to 
the Pine Tree Development 
Zone 
by the applicant or 
applicants; and 
(5) Plans for .accomplishing the goals and objectives, 
including a marketing plan and related time line and 
milestones. 
5. 
Termination. 
All 
Pine 
Tree 
Development 
Zone 
designations approved under this subchapter and all Pine Tree 
Development Zone benefits are terminated on December 31, 2018. 
§5250-K. 
Procedure 
1. 
Notice and hearing. 
Before designating a 
Pine Tree 
Development Zone or adopting a development plan, the legislative 
body 
of 
each 
applicant 
unit 
of 
local 
government 
or 
the 
legislative 
body's 
designee 
must 
hold 
at 
least 
one 
public 
hearing. 
Notice of the hearing must be published at least 10 
days before the hearing in a 
newspaper of general circulation 
within the unit of local government. 
2. 
Vote of unit of loca~Qy~~~nt legislative body. 
Each 
applicant unit of local government must designate that portion of 
the Pine Tree Development Zone contained within its boundaries 
and take all actions required to satisfy the requirements of 
section 5250-J, subsection 2 by majority vote of its legislative 
body. 
3. 
Effective date. 
The 
establishment 
of 
a 
Pine 
Tree 
Development 
Zone 
is 
effective 
upon 
designation 
by 
the 
commissioner. 
4. 
Administration of zone. 
The participating units of 
local 
government 
may 
create 
an 
organization, 
designate 
an 
existing 
department 
or 
agency 
or 
enter 
into 
a 
contractual 
arrangement 
with 
a 
private 
entity 
to 
administer 
activities 
authorized under this subchapter. 
5. 
Amendments. 
A participating unit of local government 
may 
amend 
the 
designation 
of 
that portion of 
a 
Pine 
Tree 
Development Zone contained wi thin its boundar ies or an adopted 
development plan only after meeting the requirements of this 
section for 
designation of 
a 
Pine Tree 
Development 
Zone 
or 
adoption of a development plan and with the concurrence of all 
other participating units of local government. 
A participating 
unit of local government may not amend the designation of a Pine 
Tree Development Zone if the amendment would result in the zone's 
being out of compliance with any of the requirements in section 
5250-J. 
§5250-L. 
Selection criteria 
1. 
Review and selection. 
The 
commissioner shall review 
applications and select zones 
for designation based upon the 
following criteria: 
A. 
Severity of economic distress within the region affected 
by the Pine Tree Development Zone; 
B. 
Viability of a development plan described under section 
5250-J, subsection 4, paragraph Ej 
C. 
Commitment of local and regional financial resourceSj 
D. 
Partnerships with public and private organizations; and 
E. 
Impact 
on 
surrounding 
regions 
of 
the 
Pine 
Tree 
Development Zone. 
§5250-M. 
Program administration; rules 
The 
commissioner 
shall 
administer 
this 
subchapter. 
The 
commissioner 
shall 
adopt 
rules 
pursuant 
to 
the 
Maine 
Administrative 
Procedure 
Act 
for 
implementation of 
Pine Tree 
Development 
Zones, 
including, 
but not limited to, 
rules 
for 
determining 
and 
certifying eligibility, 
selecting 
zones 
for 
designation and evaluating on a periodic basis the progress and 
success of each zone in achieving its goals. Rules adopted under 
this section are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
§5250-N. 
Unorganized territory 
For the purposes of this subchapter, a county may act as a 
municipality for the unorganized territory within the county anq 
may 
designate 
development 
districts 
within 
the 
unorganized 
terri tory. 
When a county acts under this section, the county 
commissioners 
act 
as 
the 
municipality 
and 
as 
the 
municipal 
legislative body, the State Tax Assessor acts as the municipal 
assessor and the unorganized territory education and services 
fund receives the funds designated for the municipal general fund. 
§5250-0. 
Certification of qualified business 
A business may apply to the commissioner for certification 
as a qualified Pine Tree Development Zone business. 
Upon review 
and determination by the 
commissioner that 
a 
business is 
a 
qualified Pine Tree Development Zone business, the commissioner 
shall issue a certificate of qualification to the business that 
includes a description of the qualified business activity for 
which the certificate is being issued. 
§5250-P. 
Report 
By January 15, 2004, the commissioner shall report to the 
joint standing committee of the Legislature having jurisdiction 
over 
economic 
development 
matters 
regarding 
rulemaking 
and 
progress in implementing Pine Tree Development Zones. 
Not later 
than April 1, 
2005 
and April 1st of each odd-numbered year 
thereafter, the commissioner shall report to the joint standing 
committee of the Legislature having jurisdiction over economic 
development matters on the status of the Pine Tree Development 
Zones. 
Sec. 47. 32 MRSA §3501, sub-§2, ~B, as amended by PL 1999, c. 
386, Pt. L, §6, is further amended to read: 
B. 
A minimum of 
2,000 hours of work 
in the field of 
plumbing installations as a journeyman-in-training under the 
supervision of a licensed master plumber, as long as the 
work experience is obtained within 4 years of the date upon 
which 
the 
applicant 
was 
issued 
a 
journeyman-in-training 
license. 
A journeyman-in-training license must 
be 
issued 
upon sworn application to any person who has satisfactorily 
completed one academic year of instruction in plumbing at a 
board-approved technical college or community college and 
who has obtained a passing grade, as determined by the board 
on the journeyman's examination. 
Sec. 48. 32 MRS A §3501, sub-§2-B, as amended by PL 2003, c. 
250, Pt. B, §2, is further amended to read: 
2-B. 
Journeyman-in-training. 
The 
board 
may 
issue 
a 
journeyman-in-training 
license 
to 
a 
person 
who 
provides 
satisfactory 
evidence 
of 
completion 
of 
a 
plumbing 
course 
consisting of 
one 
year 
or 
semesters 
at 
a 
board-approved 
technical 
college or 
community 
college 
and 
who 
submits 
the 
required fee set under section 3501-B. 
A journeyman-in-training 
license is valid for a single nonrenewable period of 4 years and 
may be issued only once to any individual. 
Sec. 49. 32 MRSA §13787-A, sub-§3, 1fA, as enacted by PL 1993, 
c. 394, §2, is amended to read: 
A. 
A 
seller 
described 
in 
authorized" within the meaning 
subsection 1 I-B, paragraph A. 
subsection 
is 
"expressly 
of Title 17-A, section 1110, 
Sec. 50. 36 MRSA §1760, sub-§23-C, 1fA, as amended by PL 2003, 
c. 390, §10 and c. 414, Pt. B, §61 and affected by Pt. D, §7, is 
repealed and the following enacted in its place: 
A. 
Motor vehicles, except automobiles rented for a period 
of less than one year, all terrain vehicles and snowmobiles 
as defined in Title 12, section 13001; 
Sec. 51. Effective date. 
That section of this Act that repeals 
and replaces the Maine Revised Statutes, Title 36, section 1760, 
subsection 
23-C, 
paragraph 
A 
takes 
effect 
days 
after 
adjournment 
of 
the 
Second 
Regular 
Session 
of 
the 
121st 
Legislature. 
Sec. 52. 36 MRSA §5122, sub-§I, 1fS, as enacted by PL 2003, c. 
20, Pt. II, §2, is amended to read: 
S. 
For tax years beginning in 2003, 
2004 and 2005, 
the 
amount 
received 
from 
the 
National 
Health Service 
Corps 
Scholarship Program and the Armed Forces Health Professions 
Scholarship and Financial Assistance program to the extent 
excluded from federal gross income in accordance with the 
Code, Section 117; and 
Sec. 53. 36 MRSA §5122, sub-§I, 1f1fT and U, as repealed by PL 
2003, c. 451, Pt. E, §6 and amended by c. 451, Pt. II, §l, are 
repealed. 
Sec. 54. 37-B MRSA §264, sub-§3, 1fI, as amended by PL 2003, c. 
342, §3 and c. 404, §4, is repealed and the following enacted in 
its place: 
I. 
The Fort Fairfield Armory located at 25 Columbia Street, 
Fort Fairfield by means of a quitclaim deed, subject to all 
easements of record, to the inhabitants of the Town of Fort 
Fairfield for the sum of $1 as long as the inhabitants of 
the Town of Fort Fairfield agree to indemnify and hold 
harmless 
the 
State 
from 
all 
claims, 
including 
any 
environmental clean-up costs that may arise from the land or 
buildings constituting the Fort Fairfield Armory and this 
transfer is determined to be a transfer for not less than 
appraised value as specified in subsection 1 in view of the 
economic 
conditions 
of 
northern 
Aroostook 
County, 
the 
financial contributions made by the Town of Fort Fairfield 
to the armory and the environmental conditions existing at 
the site: and 
Sec. 55. 38 MRSA §423, as amended by PL 2003, c. 277, §3 and 
repealed and replaced by c. 452, Pt. W, §6 and affected by Pt. X, 
§2, is repealed and the following enacted in its place: 
§423. Discharge of waste from watercraft 
1. 
Discharge from watercraft prohibited. 
A person, firm, 
corporation or other legal entity may not discharge, spill or 
permit to be discharged sewage, septic fluids, garbage or other 
pollutants from watercraft: 
A. 
Into inland waters of the State: 
B. 
On the ice of inland waters of the State: or 
C. 
On the banks of inland waters of the State in a manner 
that the pollutants may fall or be washed into the waters or 
in a manner in which the drainage from the banks may flow 
into the waters. 
2. 
Holding tank required. 
A person, firm, corporation or 
other legal entity may not operate upon the inland waters of the 
State 
a 
watercraft that has 
a 
permanently installed sanitary 
waste disposal system if it does not have securely affixed to the 
interior discharge opening of the sanitary waste disposal system 
a holding tank or suitable container for holding sanitary waste 
material so as. to prevent its discharge or drainage into the 
inland waters of the State. 
3. 
Watercraft defined. 
For the purposes of this section, 
"watercraft" 
has 
the 
same 
meaning 
as 
provided in Title 
12, 
section 13001, subsection 28, except that "watercraft" includes 
houseboats. 
Sec. 56. Effective date. 
That section of this Act that repeals 
and replaces the Maine Revised Statutes, Title 38, section 423 
takes effect July 1, 2004. 
Sec. 57. 38 MRSA §480-F, sub-§l, V, as repealed and replaced 
by PL 1997, c. 364, §19, is amended to read: 
read: 
F. 
Appointed a code enforcement officer, certi f ied by the 
gepar~ffieB~-~--ge~aGffii&-a££-~~it~-gevelepffieB~ Executive 
Department, State Planning Office. 
Sec. 58. PL 2003, c. 20, Pt. R, §4, amending clause is amended to 
Sec. R-4. 4 MRSA §1057-A, as amended by PL 2001, c. 617, §3 
and c. 698, §3 and affected by §7, is repealed. 
Sec. 59. PL 2003, c. 182, §1, amending clause is amended to read: 
Sec. 1. 15 MRSA §1702, as amended by PL 1987, c. 737, Pt. c, 
§§29 and 106 and PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 
and 10, is repealed and the following enacted in its place: 
Sec. 60. PL 2003, c. 288, §2 is amended to read: 
Sec. 2. 30-A MRSA §5953-D, sub-§3, ~-&AEI--IS m, as repealed 
and replaced by PL 2001, c. 667, Pt. A, §49, is amended to read: 
D. 
In the case of a 
FQBlie-6erviee-~R~£a6~rue~ure grant or 
loan, the Department of Economic and Community Development 
affirms that the applicant has met the conditions of this 
paragraph. 
(1) 
A municipality is eligible to receive a grant or a 
loan, or a combination of both, if that municipality 
has adopted a growth management program certified under 
section 
4347-A 
that 
includes 
a 
capital 
improvement 
program composed of the following elements: 
(a) 
An assessment of all public facilities and 
services, such as, but not limited to, roads and 
other transportation facilities, sewers, schools, 
parks and open space, fire and police; 
(b) 
An 
annually reviewed 5-year plan for 
the 
replacement 
and 
expansion 
of 
existing 
pUblic 
facilities 
or 
the 
construction 
of 
such 
new 
facilities as are required to meet expected growth 
and economic development. 
The plan must include 
projections of 
when 
and where 
those facilities 
will be required; and 
(c) 
An assessment of the anticipated costs for 
replacement, expansion or construction of public 
facilities, an identification of revenue sources 
available to meet these costs and recommendations 
for meeting costs required to implement the plan. 
(2) 
A municipality is eligible to receive a loan if 
that municipality: 
(a) 
Has 
adopted 
a 
comprehensive plan that is 
determined 
by 
the 
Executive 
Department, 
State 
Planning Office 
to 
be 
consistent with 
section 
4326, subsections I to 4. 
(3) 
A municipality is eligible to receive a grant or a 
loan if that municipality is a service center community. 
Subject to the limitations of this subsection, 
or more 
municipalities 
that 
each 
meet 
the 
requirements 
of 
subparagraph 
(1 ) 
et..L 
(2 ) 
or 
(3} 
may 
jointly apply for 
assistance under this section; and 
Sec. 2-A. 30-A MRSA §5953-D, sub-§3, ,E, as enacted by PL 
1999, c. 776, §13, is amended to read: 
E. 
In the 
Department 
that 
the 
paragraph. 
improvement 
case of a downtown improvement grant or loan, the 
of 
Economic 
and 
Community Development 
affirms 
applicant 
has 
met 
the 
conditions 
of 
this 
A municipality is eligible to receive a downtown 
grant or loan if that municipality has: 
(1) 
Shown 
broad-based 
support 
for 
downtown 
revitalization; 
(2) Established a comprehensive downtown 
work plan, 
including a definition and 
affected area; 
revitalization 
a 
map of the 
(3) Developed measurable goals and objectives; 
(4) Demonstrated an historic preservation ethic; 
t§t--&&~~~-~-eR~eiR~--beaFa-~~-~~~~~~?--witR 
asseeiatea-eemmitteesf 
t7t-Hites-a-pte€essieBa±-sewBtewB-maBa~etf 
tgt-~~~~-aa-~~£~--~~~~-p£e~£am-~~--sta€€ 
aBs-ve±blBteetsf 
(9) Developed the capacity to report on the progress of 
the downtown program; and 
(10) Established the ability and willingness to support 
integrated marketing efforts for retailers, services, 
activities and events. 
Sec. 61. PL 2003, c. 434, §1, amending clause is amended to read: 
Sec. 1. 10 MRSA §1171-B, sub-§I, ~~A, Band D, as enacted by PL 
1981 1997, c. 521, §5, are amended to read: 
Sec. 62. PL 2003, c. 452, Pt. Q, §70, amending clause is amended to 
read: 
Sec. Q-70. 29-A MRSA §2380, sub-§3, as repealed and replaced 
by PL 1999 ~, c. 78, §1, is amended to read: 
Sec. 63. P&SL 2003, c. 19, Pt. A, §1, amending clause is amended to 
read: 
Sec. A-I. 
P&SL 1947, c. 77, §2, 
as 
eBaet;ea 
repealed 
and 
replaced by P&SL 1981, c. 103, is amended to read: 
Sec. 64. P&SL 2003, c. 19, Pt. B, §1, amending clause is amended to 
read: 
Sec. B-1. P&SL 1947, c. 77, §11, 
as 
eBaet;ea 
replaced by P&SL 
1981, 
c. 
103, is repealed and 
repealed 
and 
the following 
enacted in its place: 
Sec. 65. Resolve 1999, c. 56, §7-A is enacted to read: 
Sec. 7-A. 
Proceeds from sale of Kennebec Arsenal property. 
Resolved: 
That 
any 
proceeds 
from 
the 
sale 
of 
the 
Kennebec 
Arsenal property must be deposited in the Maine State Housing 
Authority's Housing Opportunities for Maine Fund established in 
the Maine Revised Statutes, Title 30-A, section 4853: and be it 
further 
Sec. 66. Resolve 2003, c. 91, §2 is repealed. 
Sec. 67. RR 2003, c. 1, §33, amending clause is amended to read: 
Sec. 33. 32 MRS A §l~~ 12228, sub-§4, as amended by PL 2003, 
c. 204, Pt. E, §1, is corrected to read: 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
Section 1 corrects a conflict created by Public Law 2003, 
chapters 39 and 84, which affected the same provision of law, by 
incorporating the changes made by both laws. 
Section 2 changes the reference to the Bureau of Liquor 
Enforcement to 
the division within the Department of Public 
Safety designated by the Commissioner of Public Safety to enforce 
the 
law 
relating 
to 
the 
manufacture, 
importation, 
storage, 
transportation and sale of all liquor and to administer those 
laws relating to licensing and collection of taxes on malt liquor 
and wine to reflect the changes intended by Public Law 2003, 
chapter 451, Part T. 
Section 3 repeals an obsolete provision of law. 
Section 4 corrects a cross-reference. 
Section 5 corrects a cross-reference. 
Section 6 corrects a conflict created by Public Law 2001, 
chapters 239 and 374, which affected the same provision of law, 
by incorporating the changes made by both laws. 
Sections 7 and 8 correct cross-references. 
Section 9 corrects a conflict created by Public Law 2003, 
chapter 283, which made technical changes to a provision of law, 
and chapter 452, which repealed the same provision of law and 
enacted substantively similar provisions in the Maine Revised 
Statutes, Title 7, section 4204, subsections 9 and 10; section 
4205, subsection 4; and section 4207. 
Section 9 corrects the 
conflict by repealing Title 7, section 4209. 
Section 10 makes 
the repeal effective July 1, 2004. 
Section 11 corrects a cross-reference and makes grammatical 
changes. 
Section 12 corrects a cross-reference. 
Section 13 corrects a conflict created by Public Law 2003, 
chapters 180 and 410, which affected the same provision of law, 
by incorporating the changes made by both laws. 
Section 14 corrects a conflict created by Public Law 2003, 
chapters 305 and 410, which affected the same provision of law, 
by incorporating the changes made by both laws. 
Section 15 corrects a conflict created by Public Law 2003, 
chapters 1 and 476, which affected the same provision of law, by 
incorporating the changes made by both laws. 
Section 16 changes a chapter headnote to accurately reflect 
the content of the chapter. 
Section 17 corrects a conflict created by Public Law 2003, 
chapters 143 and 475, which affected the same provision of law, 
by incorporating the changes made by both laws. 
Section 18 corrects a punctuation error. 
Section 19 corrects a cross-reference. 
Section 20 corrects a cross-reference. 
Section 21 corrects a cross-reference by deleting reference 
to a provision of law that was repealed by Public Law 2003, 
chapter 
504, 
Part 
B, 
section 
19. 
This 
section also 
makes 
technical changes. 
Section 
corrects 
a 
cross-reference 
by 
deleting 
a 
reference to a provision of law that was repealed by Public Law 
2003, chapter 504, Part B, section 12. 
Section 
provision of 
504, Part B, 
deletes 
law that was 
section 3. 
language 
that 
makes 
reference 
repealed by Public Law 2003, 
Section 24 corrects a punctuation error. 
to 
a 
chapter 
Section 25 corrects a conflict created by Public Law 2003, 
chapters 448 and 453, which affected the same provision of law, 
by incorporating the changes made by both laws. 
Section 26 corrects a conflict that was created by Public 
Law 2003, chapter 62, which made a technical change to the Maine 
Revised 
Statutes, 
Title 
2l-A, 
section 
1204, 
subsection 
55, 
paragraph A, 
and chapter 44, which repealed Title 21-A, section 
1204. 
This section corrects the conflict by repealing Title 
2l-A, section 1204, subsection 55, paragraph A. 
Section 
reflects the 
name 
change 
to Westport 
Island 
pursuant to Public Law 2003, chapter 52. 
Section 28 corrects a chapter headnote. 
Section 29 adds a conjunction. 
Section 30 repeals the Maine 
Revised 
Statutes, 
Title 
25, 
section 
2801-B, 
subsection 
1, 
paragraph I, which refers to the Chief of the Bureau of Liquor 
Enforcement, to reflect the intent of Public Law 2003, chapter 
451, Part T. 
Section 31 corrects a conflict created by Public Law 2003, 
chapters 306 and 357, which affected the same provision of law, 
by incorporating the changes made by both laws. 
Sections 32 to 34 correct an error in allocation in the laws 
relating to the Maine State Library. 
Section 35 corrects a conflict created by Public Law 2003, 
chapters 397 and 414, which affected the same provision of law, 
by incorporating the 
changes 
made 
by both laws. 
Section 
provides an effective date of 90 days after the adjournment of 
the Second Regular Session of the 121st Legislature. 
Sections 37 and 38 correct a conflict created by Public Law 
2003, chapters 434 and 452, which affected the same provision of 
law. 
Section 37 repeals the Maine Revised Statutes, Title 29-A, 
section 525, 
subsection 9, 
and section 38 repeals Title 29-A, 
section 525, subsection 9-A and replaces it with the text of the 
chapter 452 version of Title 29-A, 
section 525, 
subsection 9. 
Section 39 provides an effective date of July 1, 2004. 
Section 40 corrects a conflict created by Public Law 2003, 
chapters 125 and 397, which affected the same provision of law. 
This 
section repeals 
the provision and 
replaces it with the 
chapter 397 version. 
Section 41 corrects a conflict created by Public Law 2003, 
chapters 340 and 434, which affected the same provision of law. 
This section repeals 
the provision and replaces it with the 
chapter 434 version. 
Section 42 corrects a conflict created by Public Law 2003, 
chapters 340 and 434, which affected the same provision of law. 
This section repeals the provision and replaces it with the 
chapter 434 version. 
Section 43 corrects a conflict created by Public Law 2003, 
chapters 414 and 434, which affected the same provision of law, 
by incorporating the 
changes 
made 
by both laws. 
Section 44 
provides an effective date of 90 days after the adjournment of 
the Second Regular Session of the 121st Legislature. 
Sections 45 and 46 correct an error that was created when 
Public Law 2003, chapters 426 and 451 both enacted a new Title 
30-A, 
chapter 206, 
subchapter 3 with similar section numbers. 
These sections correct that error by repealing subchapter 3 as 
enacted by Public Law 2003, chapter 451, Part NNN, section 2 and 
enacting it as subchapter 4 with new section numbers. 
Section 47 
adds the words 
"or community college" to the 
Maine Revise.d Statutes, Title 32, 
section 3501, subsection 2, 
paragraph B to reflect the intent of the revision clause in 
Public Law 2003, chapter 20, Part 00, section 2. 
Section 48 
adds the words "or community college" to the 
Maine Revised Statutes, Title 32, section 3501, subsection 2-B to 
reflect the intent of the revision clause in Public Law 2003, 
chapter 20, Part 00, section 2. 
Section 49 corrects a cross-reference. 
Section 50 corrects a conflict created by Public Law 2003, 
chapters 390 and 414, which affected the same provision of law, 
by incorporating the changes made 
by both laws. 
Section 
provides an effective date of 90 days after the adjournment of 
the Second Regular Session of the 121st Legislature. 
Section 
adds 
a 
conjunction. 
Section 
corrects 
a 
conflict created by Public Law 2003, chapter 451, Part E, section 
6, which repealed the Maine Revised Statutes, Title 36, section 
5122, subsection 1, paragraphs T and U, 
and Public Law 
2003, 
chapter 451, Part II, section 1, which made grammatical changes 
to paragraphs T and U, by repealing those paragraphs. 
Section 54 corrects a conflict created by Public Law 2003, 
chapters 342 and 404, which affected the same provision of law, 
by incorporating the changes made by both laws. 
Section 55 corrects a conflict created by Public Law 2003, 
chapters 277 and 452, which affected the same provision of law, 
by incorporating the changes made 
by both laws. 
Section 
provides an effective date of July 1, 2004. 
Section 57 
corrects 
a 
reference to the certification of 
municipal code enforcement officers, a program that formerly was 
administered 
by 'the 
Department 
of 
Economic 
and 
Community 
Development 
but 
that 
is 
now 
administered 
by 
the 
Executive 
Department, State Planning Office. 
Section 58 corrects an amending clause. 
Section 59 corrects an amending clause. 
Section 
corrects 
an 
amending 
clause 
and 
adds 
a 
new 
section 2-A to the bill to correct an amending clause. 
Section 61 corrects an amending clause. 
Section 62 corrects an amending clause. 
Section 63 corrects an amending clause. 
Section 64 corrects an amending clause. 
Sections 65 and 66 correct an error that was created when an 
attempt was made to amend Resolve 1999, chapter 56, section 7. 
Section 67 corrects an amending clause.