An Act to Correct Errors and Inconsistencies in the Laws of Maine
Maine Legislature, Session 121, LD 0274
Committee: Judiciary
Amends: 2 MRSA §6, 4 MRSA §116, 4 MRSA §153, 4 MRSA §163, 4 MRSA §1057-A, 5 MRSA §191, 5 MRSA §299, 5 MRSA §12004-I, 7 MRSA §1808, 11 MRSA §9, 12 MRSA §6404-B, 12 MRSA §6431-F, 12 MRSA §6448, 12 MRSA §6749-X, 12 MRSA §7468, 12 MRSA §7901-A, 20-A MRSA §4706, 21-A MRSA §365, 22 MRSA §253, 22 MRSA §330, 22 MRSA §2061, 22 MRSA §3174-R, 22 MRSA §5118, 22 MRSA §8103, 24-A MRSA §2808-B, 24-A MRSA §6203, 24-A MRSA §6226, 25 MRSA §1550, 29-A MRSA §2084, 30-A MRSA §2526, 30-A MRSA §4349-A, 32 MRSA §2102, 32 MRSA §6214, 36 MRSA §6652, 36 MRSA §6656, 37-B MRSA §741, 37-B MRSA §782, 37-B MRSA §783, 37-B MRSA §784, 37-B MRSA §829, 37-B MRSA §831, 37-B MRSA §832, 38 MRSA §420-B

Legislative Document 
No. 274 
H.P.217 
House of Representatives, January 28, 2003 
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 recycled paper 
/1l~ 
1I?7IldC~ 
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, 
uncertainties 
and 
these 
errors 
and confusion in 
and 
inconsistencies 
interpreting legislative 
create 
intent; 
Whereas, it is vitally necessary 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 wi thin 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. 2 MRSA §6, sub-§7, as amended by PL 1991, c. 885, Pt. 
A, §l and affected by §§9 to 11, is repealed. 
Sec. 2. 4 MRSA §116, first~, as amended by PL 2001, c. 617, §l 
and c. 698, §1 and affected by §7, is repealed and the following 
enacted in its place: 
All revenue received by the Supreme Judicial or Superior 
Court, whether directly or pursuant to an agreement entered into 
with the Department of Administrative and Financial Services, 
Bureau of Revenue Services, from fines, forfeitures, penal ties, 
fees and costs accrues to the State, except as otherwise provided 
under sections 1057 and 1057-A; Title 7, section 3910-A; Title 
12, sections 3055 and 4508; Title 17, section 1015; Title 23, 
section 1653; Title 29-A, section 2602; and Title 34-A; section 
12l0-A, subsection 9. 
Sec. 3. Retroactivity. 
That section of this Act that repeals 
and replaces the Maine Revised Statutes, Title 4, section 116, 
first paragraph applies retroactively to August 1, 2002. 
Sec. 4. 4 MRSA §153, sub-§9, as amended by PL 1969, c. SOL 
§l, is further amended to read: 
9. 
Northern Cumberland. 
Northern Cumberland 
all municipalities 
in the 
County 
of 
Cumberland 
Page l-LROOOI (l) 
consists of 
not 
included 
within the a;i.y;i.s;i.eas division of ~asteFa-aaa Southern Cumberland, 
and consists of the municipalities of Brownfield, Denmark, Hiram, 
Fryeburg, 
Lovell, 
Sweden, 
Stow 
and Porter in the 
County of 
Oxford. The District Court for Northern Cumberland saall must be 
held at Bridgton. 
Sec. 5. 4 MRSA §163, sub-§l, as amended by PL 2001, c. 617, §2 
and c. 698, §2 and affected by §7, is repealed and the following 
enacted in its place: 
1. 
District Court funds. 
Except as otherwise provided by 
law, all fines, 
forfeitures, 
surcharges, 
assessments and fees 
collected in 
any division of 
the District Court or 
by 
the 
violations bureau must be paid to the clerk of that District 
Court, who shall deposit them in a special account in a timely 
manner. 
Once each month, the clerk shall remit the sums to the 
Treasurer of State, who shall credit them to the General Fund. 
At the same time, the clerk shall remit the sums that have been 
collected in accordance with sections 1057 and 1057-A: Title 5, 
chapter 3l6-Aj Title 7, section 3910-Aj Title 17, section 1015; 
Title 29-A, section 2411, subsection 7 j and Title 34-A, section 
1210-A, subsection 9. 
Funds received by the clerk as bail in 
criminal cases must be deposited daily in a special account. 
The 
clerk shall deposit the 
funds 
in an interest-bearing account 
unless the clerk determines that it is not cost-effective to do 
so. 
Interest accrued in the account is the property of and 
accrues to the State. 
The forfeiture and setoff of bail is 
governed as otherwise provided by law. 
The court shall file a monthly report with the State Auditor 
itemizing the amount of fines, surcharges and assessments imposed 
and to whom each is payable. 
Sec. 6. Retroactivity. 
That section of this Act that repeals 
and replaces the Maine Revised Statutes, Title 4, section 163, 
subsection 1 applies retroactively to August 1, 2002. 
Sec. 7. 4 MRSA §1057-A, sub-§2. as amended by PL 2001, 
§3 
and c. 
698, 
§3 
and affected by §7, 
is repealed 
following enacted in its place: 
c. 
and 
617, 
the 
2. 
Surcbat:_qe imposed. 
In addition to the 12°'6 
surcharge 
collected pursuant to section 1057, the $10 surcharge collected 
pursuant to Title 7, section 3910-A, the 10% surcharge collected 
pursuant to Title 17, section 1015 and the 1% surcharge collected 
pursuant to Title 
34-A, 
section 1210-A, 
subsection 
9, 
a 
2% 
surcharge must be added to every fine, 
forfeiture or penalty 
imposed by any court in this State, which for the purposes of 
collection and collection procedures is considered a part of the 
fine, 
forfeiture or penalty. 
All funds collected pursuant to 
this subsection must be deposited monthly in the Maine Community 
Policing Institute Surcharge Fund. 
All funds collected pursuant 
to this subsection must be paid to the University of Maine System 
for the sole purpose of funding the Maine Community Policing 
Insti tute, 
except 
that 
the 
Judicial 
Department 
may 
incur 
reasonable expenses to implement the administration of the 
2"0 
surcharge, in an amount not to exceed $11,000 annually, in fiscal 
years ending June 30, 2000 and June 30, 2002. 
Sec. 8. Retroactivity. 
That section of this Act that repeals 
and replaces the Maine Revised Statutes, Title 4, section 1057-A, 
subsection 2 applies retroactively to August 1, 2002. 
Sec. 9. 5 MRSA §191~ as amended by PL 1989, c. 410, §13, is 
repealed and the following enacted to read: 
§191. Duties: salary: fees; full time 
The 
Attorney 
General 
or 
a 
deputy, 
assistant 
or 
staff 
attorney shall appear for 
the State, 
the head of 
any state 
department, the head of any state institution and agencies of the 
State in all civil actions and proceedings in which the State is 
a party or interested, or in which the official acts and doings 
of the officers are called in question, in all the courts of the 
State; and in those actions and proceedings before any other 
tribunal when requested by the Governor or by the Legislature or 
either 
House 
of 
the 
Legislature. 
All 
such 
actions 
and 
proceedings 
must 
be 
prosecuted 
or 
defended 
by 
the 
Attorney 
General 
or 
under 
the 
Attorney 
General's 
direction. 
Writs, 
summonses or other processes served upon those officers must be 
transmitted by them to the Attorney General. 
All legal services 
required by those officers, boards and commissions in matters 
relating to 
their official duties 
must 
be 
rendered 
by 
the 
Attorney General or under the Attorney General's direction. 
The 
officers or agencies of the State may not act at the expense of 
the State as counsel, 
nor employ private counsel except upon 
prior written approval of the Attorney General. 
In all instances 
where the Legislature has authorized an office or an agency of 
the State to 
employ private counsel, 
the Attorney General's 
written approval is required as a condition precedent to such 
employment. 
The Attorney General shall keep an office at the 
seat of government and is entitled to receive an annual salary in 
full for all services. 
The Attorney General shall devote full 
time to the duties of the office and may not engage in the 
private practice of law during the Attorney General's term of 
office, 
nor may 
the Attorney General during such term be 
a 
partner or associate of any person in the practice of law. 
The 
Attorney General is entitled to receive actual expenses incurred 
in the performance 
of official duties. 
During the 
term of 
service, the Attorney General may not be an officer or director 
of any corporation engaged in business for profit within the 
State. 
The 
Attorney 
General 
is the 
executive 
head 
of 
the 
Department of the Attorney General. 
The Attorney General is entitled to receive the following 
1. 
Certificate 
of 
organization. 
For 
approval 
of 
certificate of organization of corporations 
under Title 9-8, 
section 313, subsection 3, $10 in advance; and 
2. 
Certification of cessation of business. 
For certificate 
that any corporation has ceased to transact business and is 
excused from filing annual returns, as authorized in Title 13-C, 
section 1621, subsection 4, $5. 
The Attorney General shall collect the legal and usual fees 
payable to the Attorney General 
by virtue of the Attorney's 
General office and shall pay them over to the Treasurer of State. 
Sec. 10. Effective date. 
That section of this Act that repeals 
and replaces the Maine Revised Statutes, Title 5, section 191 
takes effect July 1, 2003. 
Sec. 11. 5 MRSA §299, first 1[. as amended by PL 1989, c. 410, 
§15, is further amended to read: 
The commission shall establish and maintain a master plan 
for the orderly development of future state buildings and grounds 
in the Capitol Area of the City of Augusta, with the exception of 
the State House and the grounds specified in Title 3, section 
9G6T-~-i~-6 902-A. 
In maintaining the master plan, the 
commission shall take the following factors into consideration: 
Sec. 12. 5 MRSA §12004-I. sub-§38, as amended by PL 1997, c. 
689, Pt. A, §l and affected by Pt. c, §2, is repealed. 
Sec. 13. 7 MRSA §1808. last 1[. as amended by PL 2001, c. 572, 
§37, is further amended to read: 
Failure to comply with this section or section 1807, or the 
te~H*aEiea6 rules 
adopted 
pursuant 
thereto, 
is 
grounds 
for 
revocation of any permit granted pursuant to these sections. 
Sec. 14. 11 MRSA §9-1107. as enacted by PL 1999, c. 699, Pt. 
A, §2 and affected by §4, is amended to read: 
§9-l107. Control of letter-of-credit right 
A secured party has control of a letter-of-credit right to 
the extent of any right to payment or performance by the issuer 
or any nominated person if the issuer or nominated person has 
consented to an assignment of proceeds of the letter of credit 
under section 5-1114, subsection te+ ill or other applicable law 
or practice. 
Sec. 15. 12 MRSA §6404-B, as amended by PL 2001, c. 327, §2, 
is further amended to read: 
§6404-B. Suspension based on conviction of fishing on closed days 
for sea urchin fishing 
The 
commissioner 
shall 
suspend 
the 
sea 
urchin 
fishing 
license of any license holder convicted in court of violating 
see~4eR--e+49-W--eF any rule adopted under section 6749. 
The 
suspension must be for one year from the date of conviction. 
Sec. 16. 12 MRSA §6431-F, sub-§2, 1[B, as amended by PL 1999, c. 
790, Pt. A, §12, is further amended to read: 
B. 
If the license holder was issued a Class I, Class II or 
Class III lobster 
and crab fishing license pursuant to 
former section 6421, 
subsection 5, paragraph 
H or former 
section 
6421-A, 
subsection 
1, 
paragraph 
D, 
the 
license 
holder may not purchase more than 300 trap tags for the 
initial license year. for each following year, the license 
holder may purchase up to an increase of 100 trap tags each 
year as long as the total number does not exceed the trap 
1imi t established by rule for the zone in which the person 
fishes a majority of that person's traps; and 
Sec. 17. 12 MRSA §6448, sub-§2, 1[1[A and C~ as amended by PL 
1999, c. 693, §1, are further amended to read: 
A. 
After conducting a written survey in the zone, a lobster 
management pOlicy council may propose to the commissioner an 
exit ratio to limit new zone entrants to the zone. 
The 
lobster management policy council may also propose to the 
commissioner a provision to exempt from the requirements of 
this section an individual who became eligible for but had 
not been issued a Class 1, Class II or Class III license 
pursuant to section 6421, 
subsection 
5, 
paragraph 
C or 
former paragraph H prior to January 1, 2000 and to allow 
that individual to declare the zone as that individual's 
declared 
lobster 
zone. 
The 
lobster 
management 
policy 
council is not required to submit the proposal to referendum 
and 
the 
proposed exit ratio 
does 
not 
need 
to 
receive 
approval through the survey in order to be forwarded to the 
commissioner. 
C. 
Rules adopted under this subsection must establish an 
exit ratio between the number of individuals who declared 
that zone as their declared lobster zone in the year prior 
to the previous calendar year, but who did not declare that 
zone as their declared lobster zone in the previous calendar 
year, and the number of new zone entrants authorized under 
subsection 7. 
An exit ratio established by rule under this 
subsection is not required to be the same as the exit ratio 
proposed by the lobster management policy council. 
Rules 
adopted 
under 
this 
subsection 
may 
exempt 
from 
the 
requirements 
of 
this 
section 
an 
individual 
who 
became 
eligible for but who had not been issued a Class I, Class II 
or Class III license pursuant to section 6421, subsection 5, 
paragraph C or former paragraph H prior to January 1, 2000 
and allow such an individual to declare the zone as that 
individual's declared lobster zone. 
Sec. 18. 12 MRSA §6749-X, sub-§3, ,A, as amended by PL 2001, 
c. 327, §18, is further amended to read: 
A. 
The designation of open days for the harvesting of sea 
urchins by handfishing, dragging, hand-raking and trapping 
pursuant to 
seej:ieB--6-14-9----W---€>-£--QBaeF 
rules adopted under 
section 6749; 
Sec. 19. 12 MRSA §7468, sub-§4. as amended by 
§5 and affected by §20 and amended by c. 690, 
repealed and the following enacted in its place: 
PL 2001, c. 655, 
Pt. A, 
§12, is 
4. 
Wild turkey hunting permits. 
The fee for a wild turkey 
hunting permit is $10 for residents and $40 for nonresidents and 
aliens. 
When 
a public chance drawing is utilized to allocate 
permits, any Maine resident, nonresident or alien who is eligible 
to obtain a Maine hunting license or who will be eligible to 
obtain a Maine hunting license by the opening day of the wild 
turkey hunting season is eligible to apply for a wild turkey 
hunting permit. 
The percentage of total wild turkey permits 
issued 
to 
nonresident 
and 
alien hunters 
may 
not exceed 
the 
average percentage of applicants for wild turkey permits over the 
previous 3 years who were nonresidents and aliens and may not be 
more than 10% of the total wild turkey permits issued statewide. 
While hunting turkey, 
a 
resident, nonresident or alien hunter 
must be in possession of a valid resident, nonresident or alien 
big game hunting license, as applicable. 
A person who holds a valid wild turkey permit may transfer the 
permit to a junior hunter or person 65 years of age or older by 
identifying the name, 
age and address of the transferee on the 
permit as well as any other information reasonably requested by 
the commissioner and then return the permit to the department 
prior to the start of the turkey season. 
The commissioner shall 
record the transfer and return the permit to the junior hunter or 
person 65 years of age or older. 
A valid permit must be in the 
possession of the transferee in order for the transferee to hunt 
turkey. 
If the person transfers the permit to the junior hunter 
or person 65 years of age or older ( that person is prohibited 
from hunting turkey. 
Sec. 20. 12 MRSA §7901-A, sub-§4, ~A, as enacted by PL 200L 
c. 421, Pt. B, §88 and affected by Pt. C, §1, is amended to read: 
A. 
License restriction violation as described in section 
7371, subsection 1, relating to the following licenses: 
(1 ) 
Commercial 
shooting area license under 
section 
7lQ4 7l05-A; 
( 2 ) 
Trapping license under section 7133 ; 
( 3 ) 
Eel permit for 
licensed trappers under section 
7174; 
(4) 
License to sell commercially grown or imported 
fish under section 7201; 
( 5) 
Special dog training area license under section 
7331; 
( 6) 
License to hold field trials under section 7332; 
(7) 
Hide dealer's license under section 7352; 
( 8 ) 
Special hide dealer's license under section 7352-A; 
(9) 
Snowmobile dealer's l'egistration and license under 
section 7825; and 
(10) 
ATV 
dealer's 
registration 
and 
license 
under 
section 7855; 
Sec. 21. 12 MRS A §7901-A, sub-§6. ~A. as amended by PL 2001 ( 
c. 610, §3 and c. 667, Pt. B, §g, is repealed and the following 
enacted in its place: 
A. 
Chapter 709, subchapter 1 violations: 
(1) 
Shooting at or near wildfowl decoys as described 
in section 7406, subsection 11; 
(2) 
Hunting 
without 
hunter 
orange 
clothing 
as 
described in section 7406, subsection 12; 
(3) 
Allowing a 
junior hunter to hunt without adult 
supervision as described in section 7406, subsection 21; 
(4) 
Hunting on 
a 
state game 
farm as described in 
section 7406, subsection 22; 
(5) 
Hunting 
in 
a 
licensed 
wildlife 
exhibit 
as 
described in section 7406, subsection 23; and 
(6) 
Using an aircraft to aid or assist in hunting big 
game as described in section 7406, subsection 24 if the 
violation does not involve the taking of a big game 
animal; 
Sec. 22. 14 MRSA c. 710-D, as enacted by PL 2001, c. 612, §l 
and c. 653, §1, is repealed and the following enacted in its 
place: 
CHAPTER 710-D 
BUILDINGS ON LEASED LOTS 
§6047. 
Application 
1. 
Parties to agreement; 
purposes of agreement. 
This 
chapter applies to agreements between: 
A. 
A person, referred to in this chapter as the "lessor, " 
who owns land in territory under jurisdiction of the Maine 
Land Use Regulation Commission; and 
B. 
A person, referred to in this chapter as the "lessee, " 
who 
intends 
to 
construct 
or 
to 
occupy 
a 
building 
or 
buildings owned by that person on leased land in territory 
under 
jurisdiction 
of 
the 
Maine 
Land 
Use 
Regulation 
Commission for recreational or residential purposes on 
a 
seasonal 
or 
year-round basis 
or 
to 
operate 
a 
business 
consisting of 
a 
commercial 
sporting camp, 
campground or 
retail store. 
2. 
Application. 
This chapter applies to agreements entered 
into or renewed on or after July 25, 2002. 
§6048. 
Written lease and description required 
An agreement described in section 6047 must be made in the 
form of a written lease and must include at least a general 
description of the boundaries of the land to be leased. 
§6049. 
Required notice 
1. 
Required notice of change in terms. 
A lessor must give 
a lessee at least 30 days' notice of a change in the terms of a 
lease. 
2. 
Required notice of termination. 
Unless the lease 
~s 
terminated for cause, a lessor must give notice to a lessee of 
the intent to terminate the lease at least one year prior to the 
effective date of the termination. 
All terms of the lease remain 
in effect following the notice, except that: 
A. 
Termination 
provisions 
of 
the 
lease 
to 
the 
extent 
inconsistent with this section are void, beginning on the 
date the notice is provided; 
B. 
The lessee may terminate the lease earlier than the 
effective date provided in the notice: and 
c. 
If the lessee violates the lease during the period 
between the giving of the notice and the termination date 
provided in the notice, this section no longer applies and 
the lessee has only the rights provided in the lease. 
For purposes of this subsection, "cause" means violation by a 
lessee of a term of a lease. 
§6050. 
Right of first refusal 
A lessee of premises on which 
a 
structure owned by the 
lessee exists has the right of first refusal with regard to the 
leased premises if the lessor intends to sell or to offer to sell 
the leased premises as a separate parcel. 
Each lease subject to 
this chapter must make provision for a method of determining the 
sale price of the leased premises upon exercise of the right 
provided in this section. 
The lessor must give the lessee at 
least 90 days to accept the offer to purchase the lot. 
Sec. 23. 20-A MRSA §4706, sub-§2, as amended by PL 2001, c. 
403, §1 and c. 454, §20, is repealed and the following enacted in 
its place: 
2. 
Maine studies. Maine history, including the Constitution 
of 
Maine, 
Maine 
geography 
and 
environment 
and 
the 
natural, 
industr ial and economic resources of Maine and Maine's cultural 
and ethnic heritage, must be taught. 
A required component of 
Maine studies is Maine Native American studies, which must be 
included in the 
review of content standards 
and performance 
indicators of the learning results conducted in accordance wi th 
section 6209, 
subsection 4. 
The Native American studies must 
address the following topics: 
A. 
Maine tribal governments and political systems and their 
relationship with local, state, national and international 
governments; 
B. 
Maine 
Native 
American 
cultural 
systems 
and 
the 
experience of Maine tribal people throughout history; 
C. 
Maine Native American territories; and 
D. 
Maine Native American economic systems. 
Sec. 24. 21-A MRSA §365, first~, as enacted by PL 1985, c. 
161, §6, is amended to read: 
The political committee 
choice of a 
candidate for 
vacancy under sections 371, 
follows. 
whieh ~ 
has jurisdiction over the 
nomination or a 
nominee to fill a 
373, 
~14T 374-A, 381 and 382 is as 
Sec. 25. 22 MRSA §253. sub-§3. as amended by PL 1997, c. 689, 
Pt. A, §2 and affected by Pt. C, §2, is further amended to read: 
3. 
Public hearings. 
Prior to adopting the state health 
plan and in reviewing the state health plan, the department shall 
conduct public hearings in different regions of the State on the 
proposed state health plan. 
Interested persons must be given the 
opportunity to submit oral and written testimony. 
Not less than 
days before each hearing, the department shall publish in a 
newspaper of general circulation in the region the time and place 
of the hearing, the place where interested persons may review the 
plan in advance of the hearing and the place to which and period 
during which written comment may be directed to the department. 
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bemmittee-a6-preyiaea-iB-6eetieB-~Ge-8T-6~B6eetieB-6T-para~raph-AT 
Sec. 26. 22 MRSA §330, sub-§5. as enacted by PL 2001, c. 664, 
§2, is amended to read: 
5. 
Assisted living. 
Assisted living programs and serVlces 
regulated under former chapter 1665; 
Sec. 27. 22 MRSA §330, sub-§5-A is enacted to read: 
5-A. 
Assisted 
housing. 
Assisted 
housing 
programs 
and 
services regulated under chapter 1664; 
Sec. 28. 22 MRSA §2061. sub-§2. as amended by PL 1993, c. 390, 
§24, is further amended to read: 
2. 
Review. 
Each project for a health care facility has 
been reviewed and approved to the extent required by the agency 
of the State that serves as the Designated Planning Agency of the 
State or by the Department of Human Services in accordance with 
the provisions of the former Maine Certificate of Need Act of 
1978, as amended, or the Maine Certificate of Need Act of 2002, 
as amended, or, in the case of a project for a hospital, has been 
reviewed and approved by the former Maine Health Care Finance 
Commission to the extent required by former chapter 107; 
Sec. 29. 22 MRSA §3174-R. as enacted by PL 1997, c. 643, Pt. 
RR, §5, is amended to read: 
§3174-R. Medicaid drug rebate program 
The department shall enter into a drug rebate agreement with 
each 
manufacturer 
of 
prescription 
drugs 
under 
the 
Medicaid 
program-L in accordance with Section 1927 of the federal Social 
Security Act, as long as the agreements are consistent with state 
and federal law, are approved by the federal Health Care Finance 
Administration and result in a net increase in rebate revenue 
available 
to 
the 
Maine 
Medicaid 
Program. 
Individual 
rebate 
agreements may vary. 
The department shall seek to achieve an 
aggregate rebate amount from all agreements that is at least 6 
percentage 
points 
higher 
than 
the 
percentage 
of 
the 
total 
Medicaid drug expenditures that the rebates would otherwise be 
under Section 1927 
of the federal Social Security Act. 
Any 
increase in revenue from the Medicaid drug rebate program over 
accepted estimates as of ~ae-€~~€£~~¥€-~~~~-~a~&-See~ieB June 
30, 
1998 
that results 
in 
a 
higher percentage 
of 
the total 
Medicaid 
drug 
rebates 
must 
be 
reserved 
to 
provide 
coverage 
pursuant to section 317 4-G, subsection ±-A I-C. 
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Sec. 30. 22 MRSA §5118, sub-§4, ,C, as enacted by PL 198L c. 
470, Pt. A, §117, is amended to read: 
C. 
In the administration of the plan, there is a failure to 
comply substantially with any 
!H~ea provision of subsection 
L 
paragraphs A to 1, the director shall notify the area 
agency that no further payments from its allotments under 
sections ~g9 337 and 5115 will be made to the agency or, in 
aiB the director's discretion, that further payments to the 
agency will be limited to projects under or portions of the 
area plan not affected by the failure, until ae the director 
is satisfied that there will no longer be any failure to 
comply. 
Until ae the director is so satisfied, se further 
payments may not be made to the agency from its allotments 
under section 5115, or payments may be limited to projects 
under or portions of the area plan not affected by the 
failure. The director shall, in accordance with 
re~,*!atieBB 
ae--sha-:l~--pFe&eFiBe rules adopted by the director, disburse 
funds 
so 
withheld directly to 
any 
public 
or 
nonprofit 
private organization or agency of the area, submitting an 
approved plan in accordance with section 5116 . 
Any payment 
or 
payments 
Baa!! 
must 
be 
matched 
in 
the 
proportions 
specified in section 5116. 
Sec. 31. 22 MRSA §8103, sub-§l, as amended by PL 200L c. 515, 
§l and c. 596, Pt. S, §19 and affected by §25, is repealed and 
the following enacted in its place: 
1. 
Procedures. 
All 
procedures 
and 
other 
provisions 
included in section 7855, subsections 1 and 2 for residential 
care facilities also apply to children's homes, except that the 
written statement referred to in section 7855, subsection 1 need 
not be furnished annually by the Commissioner of Public Safety to 
the department for a facility licensed as a family foster home or 
a specialized children's home. 
In these instances an inspection 
must be performed every 2 years. 
Sec. 32. 24-A MRSA §2808-B, sub-§l, ,D, as amended by PL 200L 
c. 258, Pt. E, §3 and c. 400, §l and affected by §2, is repealed 
and the following enacted in its place: 
D. 
"Eligible group" means any person, 
firm, 
corporation, 
partnership, association or subgroup engaged actively in a 
business that employed an average of 50 or fewer eligible 
employees during the preceding calendar year. 
(1) 
If an employer was not in existence throughout the 
preceding 
calendar 
year, 
the 
determination 
must 
be 
based on 
the 
average 
number 
of 
employees 
that 
the 
employer is reasonably expected to employ on business 
days in the current calendar year. 
(2) 
In determining the number of eligible 
employee~ 
companies that are affiliated companies or that are 
eligible to file a combined tax return for purposes of 
state taxation are considered one employer. 
(3) 
A group is not an eligible group if there is any 
one other state where there are more eligible employees 
than are employed within this State and the group had 
coverage in that state or is eligible for guaranteed 
issuance of coverage in that state. 
(4) 
An employer g;ualifies as an eligible group for 
2-person coverage if the employer provides a carrier 
with the following information demonstrating that the 
employer's 
business 
and 
employees 
meet 
the 
minimum 
g;ualifications for group coverage in paragraph C: 
(a) 
A copy of the most recent g;uarterly combined 
filing for income tax withholding and unemployment 
contributions, Form 94l/CNl-ME; 
(b) 
For an employee claimed to be an employee 
eligible for 
group 
coverage 
whose 
name 
~s not 
listed 
on 
Form 
94l/CNl-ME, 
a 
copy 
of 
the 
employer's payroll records for the most recent 3 
months showing tax withholding or a 
wage report 
from a payroll company showing wages paid to that 
employee 
for 
the 
most 
recent quarter with tax 
withholdingj 
(d 
If an employer is exempt from filing Form 
941/CNl-ME 
for group 
coverage, 
documentation Of 
that 
exemption 
and 
a 
copy 
of 
the 
employer's 
payroll 
records 
for 
the 
most 
recent 
months 
showing tax withholding or a wage report from a 
payroll 
company 
showing 
wages 
paid 
to 
that 
employee 
for 
the most 
recent quarter with tax 
withholdingj or 
(d) 
If the name of the business owner or employee 
does not appear on Form 94l/CNl-ME, a copy of one 
of the following: 
(i) 
Federal income tax Form Schedule C or 
Schedule Fj 
Page l3-LR0001(1) 
(ii) 
Federal income tax Form 1120S, Schedule 
K-1; 
(iii) 
Federal income tax Form 1065, Schedule 
K-1i 
(i v) 
A workers' compensation insurance audit 
or evidence of 
a 
waiver of benefits under 
Title 39-A; 
(v) 
A 
description 
of 
operations 
in 
a 
commercial general liability insurance policy 
or· equivalent 
insurance 
policy 
providing 
coverage for the business; or 
(vi) 
A 
signature 
card 
from 
a 
financial 
institution or credit union authorizing the 
employee 
to 
sign 
checks 
on 
a 
business 
checking or share draft account that is at 
least 
months 
old; 
a 
notarized affidavit 
from the employer describing the duties of 
the employee and the average number of hours 
worked by the employee and attesting that the 
employer is not defrauding the carrier and is 
aware of the consequences of committing fraud 
or making~~t9rial misrepresentation to the 
carrier, 
incluJing 
a 
loss of coverage 
and 
benefits; 
and. 
if 
the 
group 
coverage 
is 
purchased 
through 
a 
producer, 
a 
notarized 
affidavit 
from 
the 
producer 
affirming 
the 
pXoducer's belief that the employer qualifies 
as an eligible group for coverage. 
In determining if a 
new business or a business that 
adds an owner or ~ew employee to payroll during the 
course of a year qualifies as an eligible group for 
2-person coverage under this subparagraph, the employer 
must submit an affidavit stating that all employees 
meet the cr iter ia in this f,iubparagraph and that the 
documentation 
and 
forms 
required 
under 
this 
subparagraph will 
be 
provided 
to 
the 
carrier 
when 
payroll 
records 
become 
available, 
when 
ownership 
distribution 
forms 
become 
available 
or 
the 
first 
renewal 
date 
of 
the 
coverage, 
whichever 
date 
is 
earlier. 
A false affidavit or misrepresentation on an 
affidavit submitted by an employer may result in the 
loss of group coverage and repayment of claims paid. 
This subparagraph may not be construed to prohibi t 
a 
carrier from 
recognizing an employer 
as 
an eligible 
group 
if 
the 
employer 
has 
not 
produced 
the 
documentation required in this subparagraph. 
This 
subparagrQP~9.-PJ2..1Jes only to an employer 
applyi~g 
for group health insurance coverage as a 2-person group 
on or after October 1, 2001. 
Sec. 33. 24·A MRSA §4203, sub·§l, as amended by PL 1995, c. 
332, Pt. 0, §l, is further amended to read: 
1. 
Subject to the Maine Certificate of Need Act of 1918 
2002, a person may apply to the superintendent for and obtain a 
certificate of authority to establish, maintain, own, merge with, 
organize 
or 
operate 
a 
health 
maintenance 
organization 
in 
compliance 
with this 
chapter. 
A person 
may 
not establish, 
maintain, 
own, 
merge 
with, 
organize 
or 
operate 
a 
health 
maintenance organization in this State either directly as 
a 
division or a line of business or indirectly through a subsidiary 
or affiliate, nor sell or offer to sell, or solicit offers to 
purchase 
or 
receive 
advance 
or 
periodic 
consideration 
in 
conjunction 
with, 
a 
health 
maintenance 
organization 
without 
obtaining a certificate of authority under this chapter. 
Sec. 34. 24·A MRS A §4204. sub-§l, 1fA, as repealed and replaced 
by PL 1979, c. 216, §2, is amended to read: 
A. 
Concurrently with filing an application for issuance of 
certificate 
of 
authority 
with 
the 
superintendent, 
the 
applicant shall also file an application for a certificate 
of need pursuant to Title 22, 
6ee~,ieR--J.G.::b---e-t.--6e,! chapter 
103-A. 
Sec. 35. 24·A MRSA §4204. sub-§2-A, 1fA, as enacted by PL 1981, 
c. 501, §5l, is amended to read: 
A. 
The Commissioner of Human Services certifies that the 
health maintenance organization has received 
of need or that 
a 
certificate of need is 
pursuant to Title 22, chapter 19~ 103-A. 
a certificate 
not required 
Sec. 36. 24·A MRSA §6203, sub-§l, 1fA, as enacted by PL 1987, 
c. 482, §l, is amended to read: 
A. 
The 
provider 
has 
submitted 
to 
the 
department 
an 
application for a certificate of need, if required under 
Title 
22, 
section 
~G4-A 
329, 
and 
the 
department 
has 
submitted 
a 
preliminary 
report 
of 
a 
recommendation 
for 
approval of 
a certificate of 
need and the provider has 
applied for any other licenses or permits required prior to 
operation. 
Sec. 37. 24-A MRSA §6203, sub-§6, as amended by PL 1997, c. 
478, §1, is further amended to read: 
6. 
Provision of 
services 
to 
nonresidents. 
The 
final 
certificate of authority must state whether any skilled nursing 
facility that is part of a life-care community or a continuing 
care retirement community may provide services to persons who 
have not been bona fide residents of the community prior to 
admission to the skilled nursing facility. 
If the life-care 
communi ty or the continuing care retirement community admits to 
its skilled nursing facility only persons who have been bona fide 
residents of the community prior to admission to the skilled 
nursing 
facility, 
then 
the 
community 
is 
exempt 
from 
the 
provisions of Title 22, former chapter 103 or chapter 103-A, but 
is subject to the licensing provisions of Title 22, chapter 405, 
and is entitled to only one skilled nursing facility bed for 
every 
residential 
units 
in the 
community. 
Any 
community 
exempted under Title 22, former chapter 103 or chapter 103-A may 
admit 
nonresidents 
of 
the 
community 
to its skilled nursing 
facility only during 
the first 
years 
of operation. 
For 
purposes of this subsection, 
a 
"bona fide resident" means 
a 
person who has been a resident of the community for a period of 
not 
less 
than 
consecutive 
days 
immediately 
preceding 
admission to the nursing facility or has been a resident of the 
community for less than 180 consecutive days but who has been 
medically admitted to the nursing facility resulting from 
an 
illness or accident that occurred subsequent to residence in the 
community. 
Any community exempted under Title 22, former chapter 
or chapter 103-A is not entitled to and may not seek any 
reimbursement or financial assistance under the Medicaid program 
from any state or federal agency and, 
as a consequence, that 
community must continue to provide nursing facility services to 
any person who has been admitted to the facility. 
Sec. 38. 24-A MRSA §6226, sub-§l, as enacted by PL 1987, c. 
563, §7, is amended to read: 
1. 
Initial deposits. 
±ae--$±TGGG--limit--aB--tae--iBitia± 
ae~asit-~~~-~£--&eetieB-~~,--6~e6e€~iaR--~r-~~~-AT 
saa±±--&et-~~-~~~--~h€--sta~e-~~-~~-~~~~~~~~~-e~--Neea 
a~~±ieatiaB-~~e€ea~~e-w£€£-~~~~~-~r-~&-WFitiB~r-aeemea 
tae--app-l-:i,.o..a.t-i-on--eam~lete... 
After the disclosure statement, the 
escrow agreement, the receipt and the continuing care agreement 
have been reviewed on a preliminary basis by the department' s 
Certificate of 
Need staff, 
the 
department shall 
forward 
the 
documents with recommendations, if any, 
to the superintendent. 
All provisions of section 6203, including approval of the receipt 
and 
the 
escrow 
agreement 
by 
the 
superintendent~ 
remain 
applicable. 
Thereafter 
the 
limit 
on 
deposits 
that 
may 
be 
collected saall may not exceed an amount equal to loob of the 
entrance 
fee. 
Following 
issuance 
by 
the 
department 
of 
a 
Certificate of Need, 
any unsuccessful applicant for the first 
demonstration 
project 
shall 
refund 
amounts 
collected 
from 
subscribers 
with 
interest 
earned 
thereon 
pursuant 
to 
this 
chapter. 
The refunds saall must be made no later than 10 days 
after 
notification 
by 
the 
department 
to 
the 
unsuccessful 
applicant unless the unsuccessful applicant appeals the decision 
of the department as provided by former Title 22, chapter 103. 
If the applicant appeals and the appeal is denied, then refunds 
saall must be made no later than 10 days after notification of 
the denial. 
Sec. 39. 25 MRSA §1550, as enacted by PL 1975, c. 763, §10, 
is amended to read: 
§1550. Violations 
Any 
person who 
fails 
to 
comply with the provisions 
of 
section ~§46T-6~Bsee~~eas 1542-A, subsection 1 or 3, or with the 
provisions of section ~§46 1542-A, subsection 4, imposing a duty 
to transmit criminal fingerprint records to the State Bureau of 
Identification, or with the provisions of sections 1544, 1547 or 
1549 commits a civil violation for which a forfeiture of not more 
than $100 may be adjudged. 
Sec. 40. 29-A MRS A § 101. sub~;$64-C. as enac ted by PL 2001, c. 
667, Pt. A, 
§46 and c. 687, §lL is repealed and the following 
enacted in its place: 
C. 
Scooter. 
"Scooter" 
means 
a 
device 
upon which 
a 
person may ride, consisting of a footboard between 2 end wheels, 
controlled by an upright steering handle attached to the front 
wheel and propelled by human power or a motor. 
"Scooter" does 
not include an electric personal assistive mobility device. 
Sec. 41. 29-A MRSA §2084, sub-§l, as amended by PL 200L c. 
360, §12 and c. 440, Pt. L, §1, is repealed and the following 
enacted in its place: 
1. 
Night 
egyipment. 
A 
bicycle, 
scooter 
or 
motorized 
bicycle or tricycle, when ~n use in the nighttime, must have: 
A. 
Lighted a front light that emits a white light visible 
from a distance of at least 200 feet to the front; 
B. 
A red or amber light or reflector to the rear that is 
visible at least 200 feet to the rear; and 
C. 
Reflector material on the pedals, unless the bicyclist 
is wearing reflective material on the feet or ankles. 
A bicyclist may 
also 
use 
optional 
supplementary reflectors, 
lights or reflective or lighted safety eguipment. 
Sec. 42. 30-A MRSA §2526, sub-§6, 1JG, as enacted by PL 1987, 
c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; 
c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to 
read: 
G. 
The 
procedure 
of 
a 
board of 
assessment 
review is 
governed by section 2691, subsection 3. 
Sec. 43. 30-A MRS A §2526, sub-§9, 1JA, as amended by PL 1989, 
c. 6; c. 9, §2; c. 104, Pt. A, §17 and Pt. C, §§8 and 10 and Pt. 
D, §3, is repealed and the following enacted in its place: 
A. 
Unless the oath is administered in the clerk's presence, 
the person who administers it shall give the official or 
deputy sworn a certificate, which must be returned to the 
clerk for filing. 
The certificate must state: 
(1) 
The name of the official or deputy sworn: 
(2) 
The official's or deputy's office: 
(3) 
The name of the person who administered the oath; 
and 
(4) 
The date when the oath was taken. 
Sec. 44. 30-A MRSA §4349-A. sub-§2, as amended by PL 2001, c. 
593, §1 and c. 613, §3, is repealed and the following enacted in 
its place: 
2. State facilities. 
The Department of Administrative and 
Financial Services, Bureau of General Services shall develop site 
selection criteria for state office buildings, 
state courts, 
hospitals 
and 
other guasi public facilities 
and 
other 
C1V1C 
buildings that serve public clients and customers, whether owned 
or leased by the State, that give preference to the priority 
locations identified in this subsection while ensuring safe, 
healthy, appropriate work space for employees and clients and 
accounting for agency reguirements. 
On-site parking may only be 
reguired if it is necessary to meet critical program needs and to 
ensure reasonable access for agency clients and persons with 
disabilities. 
Employee parking that is within reasonable walking 
distance may be located off site. 
If there is a 
change in 
employee parking from on-site parking to off site parking, the 
Department of Administrative and Financial Services must consult 
with the 
duly authorized bargaining agent or 
agents 
of 
the 
employees. 
Preference must be given to priority locations in the 
following order: 
service center downtowns, service center growth 
areas and downtowns and growth areas in other than service center 
communities. 
If no suitable priority location exists or if the 
priority location would impose an undue financial hardship on the 
occupant or is not within a reasonable distance of the clients 
and customers served, the facility must be located in accordance 
with subsection 1. 
The following state facilities are exempt 
from this subsection: 
a state liquor store: a lease of less than 
square feet: and a lease with a tenure of less than one year, 
including renewals. 
Sec. 45. 30-A MRS A c. 205-A 1S enacted to read: 
CHAPTER 205-A 
MUNICIPAL CAPITAL IMPROVEMENT DISTRICTS 
§52ll. 
Definitions 
As 
used 
in this 
chapter, 
unless 
the 
context 
otherwise 
indicates, the following terms have the following meanings. 
1. 
Assessed 
share. 
"Assessed 
share" 
means 
a 
special 
assessment that represents that portion of the total projected 
cost of an improvement undertaken by a municipality in a capital 
improvement district that is 
the obligation of 
an 
owner 
of 
property within the capital improvement district. The assessed 
share must be calculated by the municipal officers in the same 
manner and according to the same standards as the capital costs 
of sewer improvements are assessed pursuant to sections 3442 and 
3444, except the total assessment must be calculated on the basis 
of the projected cost of the entire improvement rather than any 
percentage of the projected costs of the improvement, and no type 
of property within the capital improvement district is exempt 
from the assessment. 
2. 
Capital 
improvement 
district. 
"Capi tal 
improvement 
district" means 
a 
defined area within a municipality that is 
initially privately owned and that has been designated by the 
municipality as a capital improvement district according to the 
provisions of this chapter 
for 
the interrelated purposes 
of 
fairly 
apportioning 
the 
costs 
of 
making 
necessary 
capital 
improvements 
among 
the 
owners 
of 
property 
in 
the 
capital 
improvement district and establishing the public elements of the 
capital improvement district as municipally owned. 
3. 
Improvement. 
"ImQrovement" 
means 
road 
construction, 
drainage 
system 
develoQment 
or 
the 
installation of 
sewer 
or 
drinking water infrastructure. 
4. 
Public 
elements. 
"Public 
elements" 
of 
a 
caQital 
imQrovement district means legal interests in defined QroQerties 
located within a caQital imQrovement district. 
"Public elements" 
may include Qublic easements or fee simQle titles in sQecifically 
defined QroQerty or proQerties. 
§5212. Capital improvement districts authorized 
A municiQality may create one or more caQital imQrovement 
districts within the municipal boundaries. 
§52l3. 
Capital improvement districts; public hearing; notice; 
referendum votes 
In order to establish a 
capital improvement district, 
a 
municipality shall adhere to the following procedures. 
1. 
Initial determinations. 
In order to establish a caQital 
imQrovement district, the municipal officers shall establish all 
the public elements of the proposed capital imQrovement district 
for presentation to the residents of the municiQality at a public 
hearing held Qursuant to subsect- ion 3. 
The municiQal officers 
shall: 
A. 
Determine 
the 
proQosed 
boundaries 
of 
the 
capital 
imQrovement district; 
B. 
Identify each separate parcel of property wi thin the 
proposed capital improvement district and the parcel's owner 
of record; 
C. 
Describe 
all 
imQrovements 
to 
the 
proposed 
capital 
improvement district that need to be made; 
D. 
Calculate an estimate of the costs of the proposed 
improvements; 
E. 
Calculate the assessed shares and the contingency fee of 
no more than 25°,,<> of that assessment to the property owners 
in the proposed caQital improvement district; 
F. 
Establish the proposed duration of the payment per iocl 
for the assessed shares; 
G. 
Describe 
specifically 
the 
public 
elements 
of 
the 
capital improvement district that may be accepted by the 
voters of the municipality; and 
H. 
Schedule the public hearing pursuant to subsection 3 and 
the referendum pursuant to subsection 4. 
2. 
Public notice. 
The municipal officers shall provide 
posted notice of the public hearing held pursuant to subsection 3 
in the same place and manner as the posting of a town meeting 
warrant and publish notice of the public hearing in a newspaper 
of general circulation within the municipality at least 14 days 
in advance of the public hearing. 
The published notice must 
include: 
A. 
A description of the proposed boundaries of the capital 
improvement district; 
B. 
The proposed improvements to the capital improvement 
district; 
c. 
The estimated costs of the proposed improvements; 
D. 
The public elements of the capital improvement district; 
and 
E. 
A brief narrative 
description 
and 
schedule 
of 
the 
referendum conducted pursuant to subsection 4. 
At least 14 days in advance of the date of the initial public 
hearing, the same information provided in the published notice 
must also be sent by certified mail to all owners of property 
within the proposed capital improvement district according to the 
municipality's 
assessing 
records. 
Notice 
for 
any 
additional 
public hearings must be posted and published in the same manner 
as notice for the initial public hearing, but mailed notice of 
the subseguent public hearings is not reguired. 
3. 
Public hearing. 
Prior to any referendum held pursuant 
to subsection 4 
or 
5, 
the municipal officers shall hold an 
initial 
public 
hearing 
on 
the 
proposed 
capital 
improvement 
district 
to 
solicit 
comments 
from 
the 
residents 
of 
the 
municipality and the owners of property located in the proposed 
district concerning the: 
A. 
Proposed boundaries of the capital improvement district; 
B. 
Type of improvements to the proposed capital improvement 
district being considered; 
C. 
Need for the proposed improvements: 
D. 
Costs of the proposed improvements: 
E. 
Projected assessed shares and the contingency fee of no 
more than 25% of that assessment to the owners of property 
located in the proposed capital improvement district to pay 
for the improvements being considered: 
F. 
Proposed 
duration 
of 
the 
payment 
period 
for 
those 
special assessments: 
G. 
Proposed public elements of 
the capital 
improvement 
district: and 
H. 
Scheduled dates 
of 
referenda 
conducted 
pursuant 
to 
subsection 4 or 5. 
The municipal officers may hold additional public hearings as 
necessary. 
4. 
Referendum of owners of property in proposed capital 
improvement district. 
The 
municipal officers shall call and 
conduct a 
referendum among the owners of property within the 
proposed capital improvement district to determine the property 
owners' 
willingness 
to 
undertake 
the 
costs 
of 
the 
proposed 
improvements to the capital improvement district. 
A. 
The 
method of calling and voting on the 
referendum 
question is as provided in section 2528 except as otherwise 
provided in this subsection. 
B. 
The 
registered voters 
of 
the 
municipality 
who 
own 
property within the proposed capital improvement district 
and 
the 
owner 
or 
owners 
of 
record 
for 
each parcel of 
property 
located 
in 
the 
proposed 
capital 
improvement 
district reflected on the deed for the property recorded in 
the registry of deeds within the county as of the preceding 
April 1st, if the owner or owners are of legal voting age 
and citizens of the United States, are eligible to vote in 
the referendum. A person may not cast more than one vote. 
The municipal officers shall determine who are the legal 
voters of 
the proposed capital 
improvement district and 
shall prepare or cause to be prepared a list of voters at 
least 24 hours before the referendum is conducted. 
C. 
The referendum must be scheduled to occur no sooner than 
days after the date of the initial public hearing held 
pursuant to subsection 3. 
D. 
A public hearing must be held pursuant to section 2528, 
subsection 5, only if any of the information presented to 
the voters at the most recent public hearing called pursuant 
to subsection 3 is changed prior to inclusion on the ballot. 
E. 
The 
referendum 
to 
be 
voted 
on 
must 
be 
worded 
substantially as follows: 
"As an owner of property in the 
proposed 
capital 
improvement 
district 
described 
on 
the 
reverse side of this ballot or in the attachment to this 
ballot, are you in favor of authorizing the municipality of 
to apply a special assessment against the property 
you own in the proposed capital improvement district for a 
period of 
years, for the purpose of (description of 
improvements), 
with the total assessment to all property 
owners within the capital improvement district not to exceed 
$ 
, plus a contingency of no more than 25~ of that 
assessment, all of which are subject to the property tax 
collection and lien procedures established by state law, and 
with said authorization contingent on the voters of the 
municipality of 
accepting the public costs for the 
capital improvement district improvements before any work is 
done, 
specifically 
described 
as 
(description 
of 
public 
elements)?" 
The voters shall indicate by a cross or check mark placed 
against the word "Yes" or "No" their opinion of the same. 
The municipal officers may proceed with conducting the municipal 
referendum in accordance with subsection 5 only if 2/3 of those 
casting ballots pursuant 
to this 
subsection vote 
to 
approve 
creating the capital improvement district. 
5. 
Referendum of municipal voters. 
The referendum of the 
municipal voters may not be called and conducted for the purposes 
of this chapter unless the referendum held pursuant to subsection 
resulted 
in 
a 
2/3 
majority 
vote 
supporting 
the 
ballot 
Question. 
If 
the 
referendum 
held 
pursuant 
to 
subsection 
received a 2/3 majority vote, the municipal officers shall call 
and conduct a referendum for the voters of the municipality to 
determine 
if 
the 
public 
elements 
of 
the 
proposed 
capital 
improvement district authorized pursuant to 
subsection 
are 
authorized by the voters of the municipality. 
A. 
The 
method of calling and voting on the 
referendum 
Question is as provided in section 2528 except as otherwise 
provided in this subsection. 
B. 
The referendum of the municipal voters must be scheduled 
to 
occur within 
to 
days 
after 
the 
date 
of 
the 
referendum held pursuant to subsection 4. 
C. 
The 
referendum 
to 
be 
voted 
ort 
must 
be 
worded 
substantially as follows: "Are you in favor of establishing 
a capital improvement district described on the reverse side 
of this ballot or in the attachment to this ballot and 
author izing 
a 
special 
assessment 
against 
the 
several 
properties in the capital 
improvement district, with the 
special assessment running for a period of 
years, for 
the 
purpose 
of 
{describe 
improvements}, 
with 
the 
total 
assessment to all owners of property within the capital 
improvement district not 
to 
exceed 
$ 
plus 
a 
contingency of no more than 25% of that assessment, all of 
which are subject to the property tax collection and lien 
procedures established by state law, 
and are you also in 
favor of the municipality of 
accepting the public 
costs 
for 
the capital 
improvement district improvements, 
specifically described as 
{describe the public elements}, 
with all associated 
and 
ongoing 
rights, 
privileges 
and 
responsibilities of public ownership?" 
The voters shall indicate by a cross or check mark placed 
against the word "Yes" or "No" their opinion of the same. 
D. 
If a majority of those voting approve of the ballot 
question, the capital improvement district is created. Upon 
the 
creation 
of 
a 
capital 
improvement 
district, 
the 
municipality is authorized to raise revenues pursuant to 
chapter 223 and expend those revenues for the improvements 
authorized at referendum. 
E. 
If the owners of property within the proposed capital 
improvement district or the voters of the municipality fail 
to establish the capital improvement district, the municipal 
officers may not act upon a proposal to create the same 
capital improvement district for a period of 3 years from 
the date that capital improvement district was rejected by 
voters. 
§52l4. 
Implementation of improvements to capital improvement 
district 
1. 
Advisory 
committee. 
The 
municipal 
officers 
are 
responsible 
for 
implementing 
improvements 
to 
the 
capital 
improvement 
district. 
For 
the 
purposes 
of 
overseeing 
the 
authorized improvements to the capital improvement district, the 
municipal officers shall appoint an advisory committee consisting 
of no fewer than 3 and no more than 7 owners of property within 
the capital improvement district for the purposes of receiving 
comments 
and 
recommendations 
on 
the 
proposed 
improvement 
or 
improvements within the capital improvement district. 
Advisory 
committee members serve at the pleasure of the municipal officers. 
2. 
Cost of improvement. 
The initial cost of an authorized 
improvement in a capital improvement district is borne by the 
municipality until the improvement is complete, as determined by 
the municipal officers. 
Commencing with the first tax year that 
begins after the determination by the municipal officers that the 
improvement is complete, the municipality shall levy a special 
assessment 
against 
each 
property in 
the 
capital 
improvement 
district representing that property's annual share of the cost of 
the 
improvement 
as 
determined 
by 
the municipal officers 
and 
projected in the 
referenda ballots that created the capital 
improvement 
district, 
unless 
the 
actual 
total 
cost 
of 
the 
improvement is determined to be less than projected during the 
referenda, 
in which case the special assessments are 
reduced 
proportionally to reflect the actual cost. 
3. 
Method of assessment. The special assessments must be 
included in the next annual warrant to the tax collector of the 
municipality for collection and must be collected in the same 
manner as state, county and municipal taxes are collected. 
4. 
Annual report. 
The muni c ipal i ty 's annual repo r t 
mus t 
record the progress 
of 
implementing 
the 
improvements 
to 
the 
capital improvement district. 
At 
a 
minimum, 
the annual report 
must include: 
A. 
The boundaries of the capital improvement district; 
B. 
The public elements of the capital improvement districtL 
C. 
The improvements to the capital improvement district 
made by the municipality; and 
D. 
The total cost of those improvements, the schedule of 
the 
assessed 
shares 
and 
contingency 
fees 
against 
the 
property 
located 
within 
the 
district 
to 
pay 
for 
the 
improvements and the degree to which those assessed shares 
and contingency fees have been collected. 
§52l5. 
Dissolution of capital improvement district 
A capital improvement district created under this chapter 
may not be dissolved until the debt created by the improvements 
is finally discharged and the special assessments levied for the 
purpose of providing for those improvements have been paid or 
otherwise satisfied. 
The municipal officers shall dissolve 
a 
capital improvement district upon certification of the discharge 
of debt. 
The certification of the discharge of debt must be 
presented to the municipal officers by the municipal treasurer. 
At a minimum, the certification must include an attestation by 
the municipal treasurer that all assessed shares levied for the 
improvements in a capital improvement district have been paid in 
full or a property tax lien has been recorded in the registry of 
deeds. 
Sec. 46. 30·A MRSA c. 206. as enacted by PL 2001, c. 521, §1, 
is repealed. 
Sec. 47. 32 MRSA §2102, sub.§2·A, as enacted by PL 1995, c. 
379, §4 and affected by §ll, is amended to read: 
2-A. 
Advanced 
practice 
practice 
registered nursing" 
professional health care by an 
that is: 
registered 
nursing. 
"Advanced 
means 
the 
delivery of 
expanded 
advanced practice registered nurse 
A. 
Consistent with advanced educational qualifications as 
set forth in section 220l-A, subsection 2; 
B. 
Within the advanced practice registered nurse's scope of 
practice as specified by the board by rulemaking, 
taking 
into consideration any national standards that exist; and 
C. 
In 
accordance 
with 
the 
standards 
of 
practice 
for 
advanced practice registered nurses 
as 
specified by 
the 
board by rulemaking, taking into consideration any national 
standards 
that 
may 
exist. 
Advanced 
practice 
registered 
nursing includes consul tation with or referral to medical 
and other health care providers when required by client 
health care needs. 
A certified nurse practitioner or a certified nurse midwife who 
qualifies as an advanced practice registered nurse may prescribe 
and dispense drugs or devices, or both, in accordance with rules 
adopted by the board. 
hl.-~-i~-....s-u-c-h--i'y*esT-4:-he----bGa-ffi-sBa±± 
iBviEe-~-e&a&~Ge~-£~--~~-~£e-~~-P£a€~4€e-~~-~~-eB 
AevaBeee-PFae~iee-~e~is~eFee-NYi'siB~T 
A certified nurse practitioner who 
qualifies 
as 
an 
advanced 
practice registered nurse must practice, for at least 24 months, 
under the supervision of a licensed physician or must be employed 
by a clinic or hospital that has a medical director who is a 
licensed physician. 
The certified nurse practitioner must submit 
written evidence to the board upon completion of the required 
clinical experience. 
The board shall adopt rules necessary to effectuate the purposes 
of this chapter relating to advanced practice registered nursing. 
Sec. 48. 32 MRSA §6214.B, last 4ff, 
as amended by PL 1995, c. 
394, §19, is repealed. 
Sec. 49. 34·A MRSA §1205, as amended by PL 2001, c. 667, Pt. 
C, §19, is repealed. 
Sec. 50. 36 MRSA §6652. sub·§3. as enacted by PL 1999, c. 768, 
§6, is repealed. 
Sec. 51. 36 MRSA §6656, as amended by PL 200L c. 714, Pt. 
BB, §2 and affected by §4, is further amended to read: 
§6656. Payment of claims 
~Hee~E-~-~~~-b~-6eeEieB-~~~~7-~-~-~r-~~eB Upon 
receipt 
of 
a 
timely 
and 
properly 
completed 
claim 
for 
reimbursement, 
the State Tax Assessor shall certify that the 
claimant is eligible for reimbursement and shall pay the amount 
claimed from the General Fund by November 1st or wi thin 90 days 
after receipt of the claim, whichever is later. 
~eF-ERe6e-€±aim6 
EeF--wR~€R--payffi€£~£--~~-~i~~1~-~r~--~--&ee~ieB--aa96T 
6~a6eeEieB-J7-~e~~~£effi€£~-~£~-~~~~bt~~-~-Gay&-aEEeF-ERe 
a66e66eF--~b~-~~~~~~~-~Rae~--~aa~-~-~-~£~--ERe 
Fe~eFE-Ra6-aeeB-FeeeiveaT 
Sec. 52. 37·B MRS A §701. sub·§4. as amended by PL 
2001, c. 
614, §4 and c. 662, §72, is repealed and the following enacted in 
its place: 
4. 
Mutual aid. 
Provide for the rendering of mutual aid 
among the political subdivisions of the State and with other 
states 
and 
provinces 
of 
Canada 
for 
the 
accomplishment 
of 
emergency management functions. 
Sec. 53. 37·B MRSA §704. 3rd 4ff. as amended by PL 200L c. 614, 
§8 and c. 662, §76, is repealed and the following enacted in its 
place: 
The director, subject to the direction and control of the 
commissioner, 
is 
the 
executive 
head 
of 
the 
agency 
and 
is 
responsible 
for 
carrying 
out 
the 
program 
for 
emergency 
management. 
The director shall coordinate the activities of all 
organizations for emergency 
management wi thin the State; shall 
maintain liaison with and cooperate with emergency 
management 
and public safety agencies and organizations of other states, the 
Federal Government 
and foreign countries, 
and their political 
subdivisions; prior to the annual meeting required in section 
782, subsection 4, shall provide to each of the local emergency 
management organizations of the State an annual assessment of 
each organization's degree of emergency management capability and 
any other information pertinent to ensuring the public's welfare 
and safety within the local organization's jurisdiction; and has 
additional 
authority, 
duties 
and 
responsibilities 
as 
may 
be 
prescribed by the commissioner. 
Sec. 54. 37-B MRSA §741. as amended by PL 2001, c. 614, §11 
and c. 662, §78, is repealed and the following enacted in its 
place: 
§74l. 
Governor's powers 
1. 
Control during emergencies. 
In the event of disaster 
beyond local control, the Governor may assume direct operational 
control over all or any part of the emergency management and 
public safety functions within the State. 
2. 
Cooperation. 
In performing the duties required by this 
chapter, 
the 
Governor 
shall, 
directly 
or 
through 
the 
commissioner, cooperate with all departments and agencies of the 
Federal Government, with the offices and agencies of other states 
and foreign countries and their political subdivisions and with 
private agencies 
in all matters pertaining to 
the 
emergency 
management capability of the State and of the Nation. 
3. 
Authority. 
In performing the duties required by this 
chapter, the Governor may: 
A. 
Make, amend and rescind the necessary orders and rules 
to carry out this chapter within the limits of the authority 
conferred upon the Governor and not inconsistent with the 
rules, regulations and directives of the President of the 
United States or of any federal department or agency having 
specifically authorized emergency management functions: 
B. 
Prepare 
a 
comprehensive 
plan 
and 
program 
for 
the 
emergency management functions of this State. 
That plan and 
program must be integrated into and coordinated with the 
emergency management plans of federal agencies and with the 
plans of other states 
and 
foreign 
countries, 
and their 
political subdivisions, to the fullest possible extent; 
C. 
Coordinate the preparation of plans and programs for 
emergency management functions by the political subdivisions 
of the State. 
These plans must be integrated into and 
coordinated with the emergency management plan and program 
of the State to the fullest possible extent; 
D. 
In 
accordance 
with 
the 
plan 
and 
program 
for 
the 
emergency management functions of the State, and consistent 
with the emergency management plans, programs and directives 
of the Federal Government, procure supplies and equipment, 
institute training programs and public information programs 
and take all other preparatory steps, including the partial 
or full mobilization of emergency management organizations 
in advance of actual disaster or catastrophe, to ensure the 
furnishing of adequately trained and equipped forces of 
emergency management personnel in time of need; 
E. 
Conduct studies and surveys and take inventories of the 
industries, resources and facilities of the State necessary 
to ascertain the State's emergency management capabilities, 
and plan for their most efficient emergency use, including 
emergency economic controls to ensure adequate production 
and equitable distribution of essential commodities; 
F. 
Whenever 
a 
shortage 
of 
critical 
material 
s1!J2PJ.i~Q 
appears imminent in the State, establish emergency reserves 
of those products necessary to ensure the health, welfare 
and safety of the people of the State. 
To establish those 
reserves, 
the 
Governor 
may 
purchase quantities 
of 
those 
materials for 
resale on 
a 
cost plus expenses basis for 
priority end users within the State; 
G. 
On 
behalf 
of 
the 
State, 
enter 
into 
mutual 
aid 
arrangements with other states and foreign countries, 
and 
their political 
subdivisions. 
and 
coordinate 
mutual 
aid 
plans between political subdivisions of the State. 
If an 
arrangement is entered into with a 
jurisdiction that has 
enacted the Interstate Civil Defense and Disaster Compact. 
chapter 
15, 
the 
Emergency Management 
Assistance 
Compact. 
chapter 
16, 
or 
the 
International 
Emergency 
Management 
Assistance Compact, chapter 16-A, any resulting agreement or 
agreements 
may 
be 
considered 
supplemental 
agreements 
pursuant to those compacts. 
I f 
the other jurisdiction or 
jurisdictions with which the Governor proposes to cooperate 
have not enacted one of those compacts, 
the Governor IlliU' 
negotiate 
special 
agreements 
with 
the 
jurisdiction 
or 
jurisdictions. 
Any agreement, if sufficient authority for 
its making does not otherwise exist, becomes effective only 
after approval by the Legislature; and 
H. 
Delegate any authority vested in the Governor under this 
chapter and provide for the subdelegation of that authority. 
Sec. 55. 37-B MRSA §782. as amended by PL 2001, c. 614, §14 
and c. 
662, §83, is repealed and the following enacted in its 
place: 
§782. Agency directors 
A director must be appointed for each municipal and county 
or 
regional 
emergency 
management 
agency. 
A director 
of 
an 
emergency management agency may not be at the 
same 
time 
an 
executive 
officer 
or 
member 
of 
the 
executive 
body 
of 
a 
municipality or interjurisdictional or county or regional agency 
of 
the State or 
a 
county commissioner. 
Notwithstanding this 
section or 
any other 
law, 
a 
town manager or administrative 
assistant may also be appointed to serve as the director of an 
emergency management agency. 
A director may be removed by the 
appointing authority for cause. 
1. 
Municipal emergency management director. 
The municipal 
officers 
shall 
appoint 
the 
director 
of 
the 
municipality's 
emergency management agency. 
In each municipality that has not 
established an agency of its own, the municipal officers shall 
designate 
an 
emergency 
management 
director 
to 
facilitate 
cooperation in the work of disaster mitigation, 
preparedness, 
response and recovery. 
The emergency management director shall 
serve as liaison to the appropriate county or regional agency. 
2. 
County agency director. 
The county commissioners shall 
appoint the director of that county's emergency management agency. 
3. 
Interjurisdictional and regional agency directors. 
The 
director 
of 
an 
interjurisdictional 
or 
regional 
emergency 
management agency must be appointed in the manner prescribed by 
the director in accordance with section 781, subsection 3. 
4. 
Annual meeting with Director of the Maine Emergency 
Management Agency. 
The director of 
each county or 
regional 
organization 
for 
emergency 
management 
1n 
the 
State 
and 
the 
respective appointing authority shall meet each year with the 
Director of the Maine Emergency Management Agency or the agency's 
successor, in order to review the performance of the county or 
regional emergency management organization in carrying out its 
federal and state mandate and to jointly set new goals for the 
coming year. 
Sec. 56. 37-B MRS A §783, first~, as amended by PL 
2001, c. 
614, §15 and c. 662, §84, is repealed and the following enacted 
in its place: 
Each municipal, 
county and 
regional emergency manaaement 
agency shall prepare and keep a current disaster emergency plan 
for the area subject to its jurisdiction. That plan must include 
without limitation: 
Sec. 57. 37-B MRSA §783, last" as amended by PL 2001, c. 614, 
§16 and c. 662, §85, is repealed and the following enacted in its 
place: 
Each municipal, 
county and 
regional emergency manaaement 
agency, as part of the development of a disaster emergency plan 
for the area subject to its jurisdiction, shall consult with 
hospitals within its jurisdiction to ensure that the disaster 
plans developed by the municipality or agency and the hospitals 
are compatible. 
Sec. 58. 37-B MRSA §784, as amended by PL 2001, c. 614, §17 
and c. 662, §86, is repealed and the following enacted in its 
place: 
§784. Mutual aid arrangements 
The 
director 
of 
each 
local 
organization 
for 
emergency 
management shall, in collaboration with other public and private 
agencies within the State, 
develop or cause to be developed 
mutual aid arrangements for reciprocal emergency management aid 
and assistance in case of a disaster too great to be dealt with 
unassisted. 
These arrangements must be consistent with the state 
emergency management program, and in time of emergency each local 
organization for emergency management shall render assistance in 
accordance with the mutual aid arrangements. 
For this purpose, 
political subdivisions are authorized when geographical locations 
make mutual aid arrangements desirable to enter into mutual aid 
arrangements subject to the approval of the director. 
Sec. 59. 37 -B MRS A §823. first~. as amended by PL 
2001, c. 
614, §21 and c. 662, §89, is repealed and the following enacted 
in its place: 
All members of the emergency management forces are deemed to 
be employees of the State while on, or training for, emerge11.QY 
management 
duty. 
They 
have 
all 
the 
rights 
given 
to 
state 
employees under the former Maine Workers' Compensation Act or the 
Maine Workers' 
Compensation Act of 1992. 
All claims must be 
filed, prosecuted and determined in accordance with the procedure 
set forth in the Maine Workers' Compensation Act of 1992. 
Sec. 60. 37-B MRSA §829, first ~, as amended by PL 
2001, c. 
614, §26 and c. 662, §95, is repealed and the following enacted 
in its place: 
It is the duty 
established pursuant 
execute and enforce 
under 
authority of 
of every agency for emergency management 
to this chapter and of the officers to 
orders and rules adopted by the Governor 
this 
chapter. 
Each 
emergency 
management 
agency shall have available for inspection at its office all 
orders 
and 
rules 
made 
by 
the 
Governor 
or 
issued under 
the 
Governor's authority. 
Sec. 61. 37-B MRSA §831, as amended by PL 2001, c. 614, §26 
and c. 662, §96, is repealed and the following enacted in its 
place: 
§831. Utilization of existing services and facilities 
In carrying out this chapter, the Governor and the executive 
officers or governing bodies of the political subdivisions of the 
State shall utilize the 
services 
and facilities of existing 
departments, offices and agencies of the State and all their 
poli tical subdivisions to the maximum extent practicable. 
The 
officers and personnel of all departments, offices and agencies 
shall cooperate with and extend their services and facilities to 
the Governor and to the emergency management organizations of the 
State upon request. 
Sec. 62. 37-B MRSA §832, first ~, as amended by PL 
2001, c. 
614, §26 and c. 662, §97, is repealed and the following enacted 
in its place: 
An emergency management organization established under the 
authori ty of this chapter may not participate in any form of 
political activity and may not be employed directly or indirectly 
for political purpose. 
Sec. 63. 38 MRSA §420-B. sub-§4. ~~C and D, as amended by PL 
1997, c. 179, §4, are further amended to read: 
C. 
The commissioner's conclusions as to the levels of toxic 
contamination in the State's waters and fisheries; and 
D. 
Any 
trends 
of 
increasing 
or 
decreasing 
levels 
of 
contaminants foundt-ana~ 
Sec. 64. 38 MRSA §420-B, sub-§4, ~E, as enacted by PL 1997, c. 
179, §4, is repealed. 
Sec. 65. PL2001,c.574.§31 is repealed. 
Sec. 66. PL 2001, c. 646, §§4. 6. 8. 10 and 12 are repealed. 
Sec. 67. Retroactivity. 
That section of this Act that repeals 
Public Law 2001, chapter 646, sections 4, 
6, 
8, 
and 12 is 
retroactive to March 25, 2002. 
Sec. 68. PL 2001, c. 688, §4 is repealed. 
Emergency clause. 
In view of 
preamble, 
this 
Act 
takes 
effect 
otherwise indicated. 
the emergency cited in the 
when 
approved, 
except 
as 
SUMMARY 
Section 
repeals 
the 
Maine 
Revised Statutes, 
Title 
2, 
section 6, subsection 7, which is the lead-in sentence for former 
paragraph A that was repealed by Public Law 1991, chapter 885, 
Part A, section 1. 
Section 2 corrects a conflict created by Public Law 2001, 
chapters 617 and 698, which affected the same provision of law, 
by incorporating the changes made by both public laws. 
Section 3 
makes the change retroactive to August 1, 2002, 
the effective 
date of Public Law 2001, chapter 698. 
Section 4 corrects a cross-reference and makes a grammatical 
change. 
Section 5 corrects a conflict created by Public Law 2001, 
chapters 617 and 698, which affected the same provision of law, 
by incorporating the changes made by both public laws. 
Section 6 
makes the change retroactive to August 1, 
2002, 
the effective 
date of Public Law 2001, chapter 598. 
Section 7 corrects a conflict created by Public Law 200L 
chapters 617 and 698, which affected the same provision of law, 
by incorporating the changes made by both laws. 
Section 8 makes 
the correction retroactive to August 1, 2002, the effective date 
of Public Law 2001, chapter 698. 
Section 9 corrects references to the Maine Revised Statutes, 
Title 13-A, which was repealed by Public Law 2001, chapter 640, 
Part A, 
section 1. 
This section also changes the format for 
clarity and corrects grammatical and punctuation errors. 
Section 
makes the changes effective July 1, 2003, the effective date 
of Public Law 2001, chapter 640. 
Section 11 corrects a cross-reference. 
Section 
removes 
a 
reference 
to 
the 
Maine 
Revised 
Statutes, Title 22, section 306-B, which was repealed by Public 
Law 2001, chapter 664, section 1. 
Section 
strikes 
"regulations" 
and 
replaces 
it 
with 
"rules" to implement the intent of Public Law 2001, chapter 572. 
Section 14 corrects a cross-reference. 
Section 15 corrects a cross-reference to a section of 
that was repealed by Public Law 2001, chapter 327, section 17. 
Section 16 corrects a cross-reference 
that was 
repealed by Public 
Law 
2001, 
section 20. 
Section 17 corrects cross-references 
that was 
repealed by Public 
Law 
2001, 
section 20. 
to a section of 
chapter 421, 
Part 
to a section of 
chapter 421, 
Part 
law 
law 
B, 
law 
B, 
Section 18 corrects a cross-reference to a section of law 
that was repealed by Public Law 2001, chapter 327, section 17. 
Section 19 corrects a conflict created by Public Lay; 2001, 
chapters 655 and 690, which affected the same provision of law, 
by incorporating the changes made by both laws. 
Section 20 corrects a cross-reference. 
Section 21 corrects a conflict created by Public Law 2001, 
chapters 610 and 667, which affected the same provision of law, 
by incorporating the changes made by both laws. 
Section 22 corrects a conflict created by Public Law 200l, 
chapters 
and 
653, 
which 
enacted 
substantively 
similar 
provisions using the same chapter number. 
This section repeals 
the chapter and replaces it, incorporating the provisions of both 
public laws. 
Section 23 corrects a conflict created by Public Law 200L 
chapters 403 and 454, which affected <the same provision of law, 
by incorporating the changes of both public laws. 
Section 
corrects 
a 
cross-reference 
and 
a 
grammatical 
error. 
Section 25 
Certificate of 
Public Law 2001, 
strikes language that 
Need Advisory Committee, 
chapter 664, section 1. 
makes 
which 
reference to 
was repealed 
the 
by 
Sections 
subsection of 
chapter 596. 
and 27 correct a cross-reference and enact 
law to reflect changes made by Public Law 
a new 
2001, 
Section 28 corrects 2 cross-references. 
The first is to the 
Maine Certificate of Need Act of 1978, which was repealed and 
replaced by the Maine Certificate of Need Act of 2002 by Public 
Law 2001, chapter 664. 
The 2nd cross-reference is to the Maine 
Health Care Finance Commission, which was repealed by Public Law 
1995, chapter 653. 
Section 29 
supplies the appropriate calendar date for 
a 
reference to the effective date of a provision of law, corrects a 
cross-reference, 
makes 
a 
grammatical 
change 
and 
removes 
a 
reporting requirement that is no longer necessary. 
Section 
corrects 
a 
reference 
to 
the 
Maine 
Revised 
Statutes, Title 22, chapter 103, which was repealed by Public Law 
2001, 
chapter 
664, 
section 
1. 
This 
section 
also 
makes 
grammatical changes and changes gender-specific language. 
Section 31 corrects a conflict created by Public Law 200L 
chapters 515 and 596, which affected the same provision of law, 
by incorporating the changes of both laws. 
Section 32 corrects an error created when 2 laws, Public Law 
2001, chapter 258. Part E. section 3 and Public Law 2001. chapter 
400. section 1. affected the same section of law in substantively 
different ways. 
This section corrects the error by combining the 
changes made by both public laws. enacting the subparagraph (3) 
enacted by Public Law 2001. chapter 400 as a new subparagraph (4). 
Section 33 corrects a reference to the Maine Certificate of 
Need Act of 1978 which was replaced by the Maine Certificate of 
Need Act of 2002 by Public Law 2001, chapter 664. 
Sections 34 
and 
correct cross-references to the Maine 
Certificate of Need Act of 1978, which was repealed and replaced 
by the Maine Certificate of Need Act of 2002 by Public Law 2001, 
chapter 664. 
Section 36 corrects a cross-reference to a section of law 
that was repealed by Public Law 2001, chapter 664. 
Section 37 corrects a cross-reference to the Certificate o[ 
Need 
Act 
of 
1978, 
which 
was 
repealed 
and 
replaced 
by 
the 
Certificate of Need Act of 2002 by Public Law 2001. chapter 664. 
Section 38 corrects a cross-reference to the Maine Revised 
Statutes. Title 22. chapter 103. which was repealed by Public Law 
2001. chapter 664. section 1. 
This section also removes language 
referring to the $1.000 limit on initial deposits. since that 
limit was repealed by Public Law 1989. chapter 343. 
Section 39 corrects a cross-reference. 
Section 40 corrects a conflict created by Public Law 200L 
chapters 667 and 687. which affected the same provision of law, 
by repealing the provision of law and replacing it with the 
chapter 687 version with a grammatical correction. 
Section 41 corrects a conflict created by Public Law 2001, 
chapters 360 and 440, which affected the same provision of law, 
by incorporating the changes made by both laws. 
Section 42 adds the word "review" after the term "board of 
assessment" to make paragraph G consistent with the rest of the 
section and to reflect the intent of the section. 
Section 43 resolves a conflict created by Public Law 1989, 
chapter 104, Part A, section 17 and chapter 104, Part D, section 
3, 
which 
made 
slightly different 
changes 
to 
gender-specific 
language in the same provision of law. 
This section resolves the 
conflict by repealing the provision of law and replacing it with 
the chapter 104, Part D, section 3 version. 
Section 44 corrects a conflict created by Public Law 200L 
chapters 593 and 613, which affected the same provisions of law, 
by incorporating the changes of both laws. 
Sections 45 and 46 correct an error that was created when 
Public Law 200L chapters 521 and 669 both enacted a new Title 
30-A, chapter 206 with similar section numbers. 
These sections 
correct that error by repealing chapter 206 as enacted by Public 
Law 200L chapter 52L section 
and reenacting it as chapter 
205-A with new section numbers. 
Section 47 strikes language making reference to the Joint 
Practice Council on Advanced Practice Registered Nursing, which 
was repealed by Public Law 1999, chapter 668, section 120. 
Section 48 repeals the last paragraph of the Maine Revised 
Statutes, Title 32, 
section 6214-8. 
Public Law 199L chapter 
456, section 12 repealed Title 32, section 6207, subsection 3. 
However, 
Title 
32, 
section 
6214-8, 
which 
requires 
a 
person 
providing the primary service of professional alcohol and drug 
counseling to 
comply 
with the 
requirements 
of 
section 
6207, 
subsection 3, was not repealed but is nonsensical without section 
6207, subsection 3. 
Section 
repeals 
the 
headnote 
to 
the 
Maine 
Revised 
Statutes, Title 34-A, section 1205, which is all that remains of 
that section following the repeal of subsections 1, 2 and 3. 
to a 
being 
Section 50 
repealed 
repealed 
requirements. 
repeals a provision of law that makes reference 
provision of law. 
The provision of law that 
lS 
by this section pertains to employer reporting 
The 
section 
of 
law 
that 
established 
those 
requirements was 
repealed on August 1, 
2002, 
thus making the 
Maine 
Revised Statutes, Title 36, 
section 6652, 
subsection 
obsolete. 
Section 
removes 
references 
to 
the penalty for 
failing to meet employer reporting requirements. 
Section 52 corrects 
Law 2001, chapter 614, 
which both amended the 
replacing them with the 
a conflict that was created by Public 
section 4 and chapter 662, section 72, 
same provision of law, by repealing and 
Public Law 2001, chapter 662, section 72 
version. 
Section 53 corrects a conflict created by Public Law 2001, 
chapters 614 and 662, which affected the same provision of law, 
by incorporating the changes made by both laws. 
Section 54 corrects a conflict that was created by Public 
Law 2001, chapter 614, section 11 and chapter 662, section 78, 
which both 
amended the 
same provision of 
law. 
This 
section 
corrects the conflict by incorporating the changes made by both 
laws. 
Section 55 corrects a conflict created by Public Law 200L 
chapter 614, section 14 and chapter 662, section 83, which both 
amended the same provision of law. 
This section corrects the 
conflict by repealing the provision of law and replacing it with 
the Public Law 2001, chapter 662. section 83 version. 
Sections 56 and 57 correct conflicts created by Public Law 
2001, chapter 614, sections 15 and 16 and chapter 662, sections 
and 85, which both amended the same provisions of law. 
These 
sections correct the conflicts by incorporating the changes made 
by both laws. 
Section 58 corrects a conflict created by Public Law 200L 
chapter 614, section 17 and chapter 662, section 86, which both 
amended the same provision of law. 
This section corrects the 
conflict by repealing the provision of law and replacing it with 
the Public Law 2001, chapter 662. section 86 version. 
Section 59 corrects a conflict created by Public Law 2001. 
chapter 614, section 21 and chapter 662, section 89, which both 
amended the same provision of law. 
This section corrects the 
conflict by repealing the provision of law and reenacting it to 
clarify that an employee 
may 
have preexisting rights arising 
under the former Workers' Compensation Act. 
Section 60 corrects a conflict created by Public Law 200L 
chapter 614, section 26 and chapter 662, section 95. which both 
amended the same provision of law. 
This section corrects the 
conflict by repealing the provision of law and replacing it with 
the Public Law 2001, chapter 614, section 26 version. 
Section 61 corrects a conflict created by Public Law 200L 
chapter 614, section 26 and chapter 662, section 96, which both 
amended the same provision of 
la"loT. 
This section corrects the 
conflict by repealing the provision of law and replacing it with 
the Public Law 2001, chapter 614, section 26 version. 
Section 62 corrects a conflict that was created by Public 
Law 2001, chapter 614, section 26 and chapter 662, section 97, 
which both 
amended the 
same 
provision of 
law. 
This 
section 
corrects the conflict by 
repealing the provision of 
law 
and 
replacing it with the Public Law 2001, chapter 614, section 26 
version. 
Sections 
and 
correct 
a 
cross-reference 
and 
fix 
punctuation. 
Section 65 repeals section 31 of Public Law 200L chapter 
because the provision referenced in the retroactivity clause 
is not affected by the public law. 
Section 66 repeals sections of Public La" 
2001, chapter 646 
that made 
changes 
to sections of the Maine Revised Statutes, 
Title 5 that were effective only upon 
a 
contingency that was 
never met. 
The contingent 
'..:hc'.ll~es were repealed by Public Law 
2001, chapter 559, Part RR. 
section 13. 
Section 67 makes the 
correction retroactive to March 25, 2002, the effective date of 
Public Law 2001, chapter 439. Part RR, section 13. 
Section 68 repeals Public Law 200L chapter 688. section 4, 
which attempted to repeal 
a 
section of the statutes that 
"a~; 
repealed effective 
April 
1, 
1989 
by 
operation of 
the 
Maine 
Revised Statutes, Title 36, former section 2916-A.