An Act To Correct Errors and Inconsistencies in the Laws of Maine LR2678(02)
Maine Legislature, Session 121, LD 1916
Committee Amendment CA_A_H907 (House)
Amends: 13 MRSA §1267, 20-A MRSA §15612, 26 MRSA §62, 29-A MRSA §2251, 36 MRSA §1760, 38 MRSA §423, 4 MRSA §183, 12 MRSA §68, 12 MRSA §7606, 14 MRSA §13, 22 MRSA §13, 22 MRSA §42, 22 MRSA §2698-A, 22 MRSA §2699, 22 MRSA §7852, 29-A MRSA §1768, 30-A MRSA §1802, 32 MRSA §12228, 36 MRSA §2529, 32 MRSA §1866, 12 MRSA §10553

COMMITTEE AMENDMENT ,A .. to H.P. 1418, L.D. 1916, Bill, ';An 
Act To Correct Errors and Inconsistencies in the Laws of Maine" 
.Amend the bill by inserting after the enacting clause the 
following: 
'PART A' 
Further amend the bill by striking out all of sections 1 and 
3. 
Further amend the bill by striking out all of section 15. 
Further amend the bill by striking out all of sections 28, 
and 36. 
Further amend the bill by striking out all of sections 43 to 
and sections 50, 51, 55 and 56. 
Further amend the bill by inserting after section 60 the 
following: 
'PARTB 
Sec. B-1. 13 MRSA §1267, as enacted by PL 1995, c. 474, §l, 
is amended to read: 
§1267. Penalties 
Page l-LR2678(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ~, to H.P. 1418, L.D. 1916 
ABy A person whe is subject to criminal prosecution under 
Title 17-A. chapter 15 if the person violates section 1264 or 
1265 eemmi~6-~~et~-~~~-~-~he-~~~~~~~~~~~-~~&h-iB 
~i~~e-~~~-~~-~96. ABY A person who violates section 1266 
commits a civil violation aBEl-~-S--&UD-j&G-t:--~e for which a fine of 
not less than $100 and not more than $500 may be adjudged. 
Sec. B·2. 15 MRSA §S821, sub·§7, as amended by PL 1999, c. 
349, §1, is further amended to read: 
7. 
Real property. 
Except as provided in paragraph A, all 
real property, including any right, title or interest in the 
whole of any lot or tract of land and any appurtenances or 
improvements, whieh ~ 
is used or intended for use, in any 
manner or part, to commit or to facilitate the commission of a 
violation of Title 17-A, section 1103 e~-llQa. 1105-A. 1105-8 or 
11D5-C, which is a Class A, Class B or Class C crime, with the 
exception of offenses involving marijuana. 
A. 
Property may not be forfeited under this subsection, to 
the extent of an interest of an owner, by reason of an act 
or omission established by that owner to have been committed 
or omitted without the knowledge or consent of that owner. 
When an owner of property that is that person' s 
primary 
residence proves by a preponderance of the evidence that the 
owner is the spouse or minor child of the coowner of the 
primary residence who 
has 
used or intended to use the 
residence, in any manner or part, to commit or facilitate 
the commission of a violation of Title 17-A, section 1103 e~ 
H05, 1l0S-A. 110S-B or 110S-C, the State shall bear the 
burden of proving knowledge or consent of the spouse or 
minor child by a preponderance of the evidence; 
Sec. B·3. 17·A MRSA §110S-A, sub·§l, ,1JI and J,as amended by 
PL 2003, c. 1, §7 and c. 476, §1, are repealed and the following 
enacted in their place: 
I. 
At the time of the offense. the person trafficks in 300 
or more pills, capsule§;, tablets. yials, ampules, syringes 
or units containing any narcotic drug other than heroin, Qr 
any ~uantity of pills, capsules. tablets. units. compounds, 
mixtures or substances that, in the aggregate, 
contains 
8,000 milligramS or more of oxycodone or 1,000 milligrams Qr 
more of hydromorphone. 
Violation of this paqlgraph is a 
Class A crime: 
J. 
At the time of the offense. the person trafficks in a 
~uantity of 300 or more pills, capsules, tablets or units 
containing 3. 4-methylenedioxymethamphetamine. MDMA. 
or any 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A" to H.P. 1418, L.D. 1916 
other drug listed in section 1102, subsection 1, paragraph 
O. 
Violation of this paragraph is a Class A crime: 
Sec. B-4. 20·A MRSA §5201, sub-§3, 1JF, as enacted by PL 2003, 
c. 116, §l, is amended to read: 
F. 
A person who obtains a waiver from the commissioner 
pursuant to section 5206 may enroll as a public secondary 
school student. 
Sec. B-5. 20-A MRSA §15612, first 1(, as amended by PL 1989, c. 
697, §1 and affected by §5, is repealed. 
Sec. B-6. 21-A MRS A §673, sub-§l, ,A, as amended by PL 2003, 
c. 395, §2 and c. 477,§13, is repealed and the following enacted 
in its place: 
A. 
A voter may challenge another voter only upon personal 
knowledge 
or 
a 
reasonably 
supported 
belief 
that 
the 
challenged voter is unqualified. 
Only the following reasons 
for 
challenges 
may 
be 
accepted 
by 
the 
warden. 
The 
challenged person: 
(1) 
Is not a registered voter: 
(2) 
Is not enrolled in the proper party, if voting in 
a primary election: 
(3) 
Is not qualified to be a registered voter because 
the challenged person is not: 
(a) 
At least 18 years of age; 
(b) 
A citizen of the United States; or 
(cl 
A resident of the municipality or appropriate 
electoral district within the municipality; 
(4) 
Registered to vote during the closed period or on 
election day and did not provide satisfactory proof of 
identity and residency to the registrar pursuant to 
section 121, subsection I-A: 
(5) 
Did not properly apply for an absentee ballot: 
(6) 
Pid not properly complete the affidavit on the 
absentee return envelope: 
(7) 
Did not cast the ballot or complete the affidavit 
before the appropriate witness: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ";1" to H.P. 1418, L.D. 1916 
(8) 
Communicated with someone as prohibited by section 
754-A, 
subsection 1, 
paragraph 
B 
or 
subsection 
3, 
paragraph B or D; 
(9) 
Did not have the ballot returned to the clerk by 
the time prescribed: 
(10) 
Voted using the name of another: 
(11) 
Committed any other specified violation of this 
Title: or 
(12) 
Voted using the wrong ballot for the appropriate 
electoral district or political party, if applicable. 
Sec. B-7. 26 MRSA §62S, last" as enacted by PL 2001, c. 304, 
§2, is amended to read: 
The Department of Labor shall annually report to the joint 
standing committee of the Legislature having jurisdiction over 
labor matters on progress made in the State to comply with this 
section. 
The report must be issued annually on Equal Pay Day as 
designated pursuant to Title I, section 14Q 145. 
Sec. B-S. 29-A MRSA §lOl, sub-§32-A, as amended by PL 2003, c. 
397, §1 and c. 414, Pt. B, §41 and affected by Pte D, §7, is 
repealed and the following enacted in its place: 
32-A. 
Low-speed 
vehicle. 
"Low-speed 
yehicle" 
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, SOO pounds in unlQaded weight. 
"Low-speed vehicle" 
does not include an ATV as defined in Title 12, sectiQn 13001. 
A 
low speed vehicle must be originally manufactured and maintained 
in accQrdance with the Federal Motor Vehicle Safety Standards as 
a low-speed vehicle pursuant to 49 CQde of Federal Regulations, 
Section 571.500, as amended. 
Sec. B-9. Effective date. 
That section of this Part that 
repeals and replaces the Maine Revised Statutes, Title 29-A, 
section 101, subsection 32-A takes effect August 31, 2004. 
Sec. B-IO. 29-A MRSA §2251, sub-§ll, 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 
operatQr 
of 
a 
snowmobile 
or 
an 
all-terrain vehicle as defined by Title 12, section 13001, unless 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A .. to H.P. 1418, L.D. 1916 
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. B·11. Effective date. 
That section of this Part that 
repeals and replaces the Maine Revised Statutes, Title 29-A, 
section 2251, subsection 11 takes effect August 31, 2004. 
Sec. B·12. 36 MRSA §1760, sub.§23·C, ,A, as amended by PL 
2003, c. 390, §10 and c. 414, Pt. B, §6l and affected by Pt. D, 
§7, is repealed and the following enacted in its place: 
A. 
Motor yehicles, except automobiles rented for a period 
of less than one year, all-terrain vehicles and snowmobiles 
as defined in Title 12, section 13001; 
Sec. B·13. Effective date. 
That section of this Part that 
repeals 
and 
replaces 
the 
Maine 
Revised Statutes, Title 
36, 
section 1760, subsection 23-C, paragraph A takes effect August 
31, 2004. 
Sec. B·14. 38 MRSA §423, as amended by PL 2003, c. 277, §3 
and c. 414, Pt. B, §70 and affected by Pt. D, §7 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. 
Bolding 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. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT I~ to H.P. 1418, L.D. 1916 
3. 
Watercraft defined. 
For the purposes of this section, 
"watercraft" has the 
same 
meaning as provided in Title 12, 
section 7791, subsection 14, except that "watercraft" includes 
houseboats. 
This subsection is repealed August 31, 2004. 
4. 
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. 
This subsection takes effect August 31, 2004. 
Sec. B~15. Effective date. 
That section of this 
repeals 
and 
replaces 
the 
Maine 
Revised Statutes, 
section 423 takes effect July 1, 2004. 
Part that 
Title 
38, 
PARTe 
Sec. C-l. 4 MRSA §183, sub-§l,!D, as amended by PL 2003, c. 
39, §1 and c. 84, §1, 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 4006, 
subsection 
and section 4007, 
subsection 
1, 
paragraph 
G 
to 
make 
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; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A .. to H.P. 1418, L.D. 1916 
(4) 
Final orders in a contested proceeding when child 
support is the only contested issue; 
(4-A) 
Applications 
for 
writs of habeas 
corpus 
to 
fad litate the attendance of proceedings by and return 
of a party who i§ 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. C-2. 12 MRSA §68S-E, 2nd 11, as enacted by PL 2003, c. 
451, Pt. SS, §1, is amended to read: 
Beginning with fiscal year 2003-04, a town or a plantation 
in the commission' s 
jurisdiction that elects not to administer 
land use controls at the local level but receives commission 
services, including planning, permitting and ensuring compliance, 
must be assessed a fee equal to .01% of the most recent equalized 
state valuation established by the State Tax Assessor for that 
town or plantation. 
The State Tax Assessor shall issue a warrant 
to each such town or plantation no later than March 1st of each 
year. 
The warrant is payable on demand. 
Interest charges on 
unpaid fees begin on Mal"--J:.s1:: June 30th of each year and are 
compounded monthly at the interest rate for unpaid property tax 
as established by the State Tax Assessor for the unorganized 
territory. 
For 
any 
assessment 
that 
remains 
unpaid 
as 
of 
September 1st of the year in which it is due, state revenue 
sharing to that town or plantation must be reduced' by an amount 
equal to any unpaid warrant amount plus any accrued interest, 
until the amount is paid. 
These 
fe~s must be deposited to the 
General Fund. 
Sec. C-3. 12 MRSA §7606, sub-§I-A, as amended by PL 2003, c. 
403, §26, is further amended to read: 
1-A. 
Sa1e of bait in po1ystyrene foam containers. 
A person 
who sells bait e~-Bai1::~isa-saall may not provide or sell the bait 
e~--Bai1::~isa in containers that are composed 
e~--Bi~Ge~FaeaBle 
pape~--e~--eaFeBeaFQ in whole or in part of polystyrene 
fOam 
plastic. 
This subsection does not apply to baitfish. 
Sec. C-4. 14 MRSA §13S4, as repealed and replaced by PL 1975, 
c. 41, §2, is amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A-" to H.P. 1418, L.D. 1915 
§1354. Less than unanimous verdict or finding 
In the trial of all ci vi} sui ts in the Superior Court of 
this State, if a number of jurors equal to at least a,£4 2/3 of 
the total number of jurors serving on a jury agree on a verdict 
or finding, they shall return it into court as the verdict or 
finding of that jury and the trial judge shall so instruct the 
jury; provided, however, that the parties to a civil suit may 
stipulate that a verdict or finding of a stated majority of the 
jurors saall ~ 
be taken as the verdict or finding of the jury. 
Sec. C-S. 20-A MRSA §lS603, sub-§8, ,B, as amended by PL 2003, 
c. 314, §l and c. 477, §12, is repealed and the follqwing enacted 
in its place: 
B. 
Lease costs for 
school 
buildings 
when 
the 
leases, 
including leases under which the school administrative unit 
may apply the lease payments to the purchase of portable, 
temporary classroom space beginning January 1, 1988, have 
been approved by the commissioner for the year prior to the 
year of allocation. 
Beginning July 1, 
1998 
lease cost 
includes: 
(1) 
Administrative 
space. 
A school 
administrative 
unit may lease administrative space with state support 
until July 1, 
2003. 
A 
school 
administrative 
unit 
engaged 
in 
a 
lease-purchase 
agreement 
for 
administrative 
space is eligible for 
state support 
until July I. 2008: 
(2) 
Temporary interim nonadministrative space. 
(a) 
A 
school 
administrative 
unit 
with 
state-approved need for 
nonadministrative 
space 
may 
lease 
temporary 
interim space, 
with state 
support, 
for 
a 
maximum 
of 
years. 
A school 
administrative unit may appeal to the state board 
if this limitation presents an undue burden. 
When 
making a determination on a school administrative 
unit's request for relief based on undue burden, 
the state board may consider, but not be limited 
to, the following: 
(i) 
Fiscal capacity; 
(ii) 
Enrollment demographics: and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,A-" to H.P. 1418, L.D. 1916 
(iii) 
Unforeseen 
circumstances 
not within 
the 
control 
of 
the 
appealing 
school 
administrative unit. 
The state board's decision is final. 
(b) 
A school administrative unit engaged in a 
lease-purchase 
agreement 
for 
temporary 
interim 
nonadministrative 
space 
is eligible 
for 
state 
support for a maximum of 10 years: and 
(3) 
Permanent 
small 
nonadministrative 
space 
that 
replaces or is converted from existing approved leased 
portable space. 
The existing leased portable space 
will be eligible for state support until July 1, 2003. 
Once 
an 
existing 
leased 
portable 
space 
has 
been 
converted 
into 
a 
permanent 
nonadministrative 
space 
through an approved lease-purchase agreement. the space 
is eligible for state support for a maximum of 10 years. 
The department shall adopt rules necessary to implement this 
paragraph. 
Rules adopted by the department to implement 
this paragraph are major substantive rules pursuant to Title 
5. chapter 375. subchapter 2-A: 
Sec. C-6. 22 MRSA §13, sub-§6, 1I11A and B, as amended by PL 
2003, c. 613, §1, are further amended to read: 
A. 
The department may impose a sanction or withhold payment 
when the department has obtained an order from Superior 
Court allowing interim sanctions upon showing a substantial 
likelihood that overpayment aBa ~ fraud has occurred eF ~ 
that substantial harm to the department will result from 
further delay or when the department has taken final agency 
action and the provider has waived or exhausted its right to 
judicial review. 
B. 
Notwithstanding 
paragraph 
A, 
the 
department 
may 
terminate or suspend the participation of a provider in the 
MaineCare 
program 
iB--~4e~--~--~~-~BG~~--~iBal 
ae~eFmiBa~ieB-~~~~-&&-eVeEpaymeB~-~-*eB~-a£--~-aays~ 
Be~iee--j,..s...-~iveB pursuant to federal regulation and state 
rule. 
Sec. C-7. 22 MRSA §42, sub-§7,~, as amended by PL 2003, c. 
613, §2, is further amended to read: 
H. 
In an 
administrative 
appeal 
of 
an 
informal 
review 
decision under this subsection, 
the department bears the 
burden 
of 
proving 
a 
violation 
of 
law 
or 
rule 
by 
a 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT :A-" to H.P. 1418, L.D. 1916 
preponderance of the evidence. 
If the department proves 
that existing and available records of goods or services are 
defective, 
the department 
may 
impose 
a 
fee 
penalty or 
sanction, including total recoupment. 
Total recoupment for 
defective records is warranted only when the provider has 
failed to demonstrate by a preponderance of the evidence 
that 
the 
disputed 
goods 
or 
services 
were 
medically 
necessary, 
MaineCare-covered 
goods 
or services 
and were 
actually provided to eligible MaineCare members. 
Sec. C-8. 22 MRSA §2698-A, sub-§§3, 4 and 6, as reallocated by 
RR 2003, c. 1, §17 and affected by §18, are amended to read: 
3. 
Manner of reporting. 
8y-J~~y-~st Beginning in 2006, by 
July 1st each yearL 
a manufacturer or labeler of prescription 
drugs that directly or indirectly distributes prescription drugs 
for dispensation to residents of this State shall file a report 
with the department in the 
form 
and manner provided by the 
department. 
The report must be accompanied by payment of a fee, 
as set by the department in rule, to support the work of the 
department under this section. 
4. 
Content of annual report by manufacturer or labeler. 
The annual report filed under subsection 3 must include the 
following information for each calendar year, 
beginning with 
calendar year 
2005, 
as it pertains 
to marketing activities 
conducted within this State in a form that provides the value, 
nature, purpose and recipient of the expense: 
A. 
All expenses associated with advertising, marketing and 
direct 
promotion 
of 
prescription 
drugs 
through 
radio, 
television, magazines, newspapers, direct mail and telephone 
communications as they pertain to residents of this State, 
except for expenses associated with advertising purchased 
for a regional or national market that includes advertising 
within the State; 
B. 
With regard to all persons and entities licensed to 
provide health care in this State, including health care 
professionals and persons employed by them in this State, 
carriers licensed under Title 24 or Title 24-A, health plans 
and 
benefits 
managers, 
pharmacies, 
hospitals, 
nursing 
facilities, clinics and other entities licensed to provide 
health care under this Title, the following information: 
(1) 
All 
expenses 
associated 
with 
educational 
or 
informational 
programs, 
materials 
and 
seminars 
and 
remuneration 
for 
promoting 
or 
participating 
in 
educational or informational sessions, 
regardless of 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A .. to H.P. 1418, L.D. 1916 
whether 
the 
manufacturer 
or 
labeler 
provides 
the 
educational or informational sessions or materials; 
(2) 
All expenses associated with food, entertainment, 
gifts valued at more than $25 and anything provided to 
a health care professional for less than market value; 
(3) 
All expenses associated with trips and travel; and 
(4) 
All 
expenses 
associated with product 
samples, 
except for samples that wi1l be distributed free of 
charge to patients; and 
C. 
The aggregate cost of all employees or contractors of 
the manufacturer 
or 
labeler 
who 
directly or indirectly 
engage in the advertising or promo.tional activities listed 
in paragraphs A and B, including all forms of payment to 
those employees. 
The cost reported under this paragraph 
must reflect only that portion of payment to employees or 
contractors that pertains to activities within this State or 
to recipients of the advertising or promotional activities 
who are residents of or are employed in this State. 
6. 
Department reports. 
By 
B~ginning in 2006, by November 
30th each year, the department shall provide an annual report, 
providing information in aggregate form, 
on prescription drug 
marketing expenses to the Legislature and the Attorney General. 
By January I, 
~QQ9 2QQ.l and every 2 years after that date, the 
department shall provide a report to the Legislature and the 
Attorney 
General, 
providing 
information 
in 
aggregate 
form, 
containing an analysis of the data submitted to the department, 
including the scope of prescription drug marketing activities and 
expenses and their effect on the cost, utilization and delivery 
of health care services and any recommendations with regard to 
marketing activities 
of 
prescription 
drug 
manufacturers 
and 
labelers. 
Sec. C-9. 22 MRSA §2699, sub-§2, "D and G, as enacted by PL 
2003, c. 456, §1, are amended to read: 
D. 
A pharmacy benefits manager shall provide to a covered 
entity a1l financial and utilization information requested 
by the covered entity relating to the provision of benefits 
to covered individuals through that covered entity and all 
financial and utilization information relating to services 
to 
that 
covered 
entity. 
A 
pharmacy 
benefits 
manager 
providing information under this paragraph may designate 
that material as confidential. 
Information designated as 
confidential by a pharmacy benefits manager and provided to 
a covered entity under this paragraph may not be disclosed 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A 
.. to H.P. 1418, L.D. 1916 
by the covered entity to any person without the consent of 
the pharmacy benefits manager, except that disclosure may be 
maae--4R--a--~~--~-~~-~--~-~~&&--YB~aiF--~~aae 
PFae~iees-A€~-~-~~~~~~-Ae&-e~ ordered by a 
court of this State for good cause shown or made in a court 
filing under seal unless or until otherwise ordered by a 
court. 
Nothing 
in 
this 
paragraph 
limits 
the 
Attorney 
General's use of civil investigative demand authority under 
the 
Maine 
Unfair 
Trade 
Practices 
Act 
to 
investigate 
violations of this section. 
G. 
A pharmacy benefits manager 
shall disclose to 
the 
covered entity all financial 
terms 
and arrangements for 
remuneration of any kind that apply between the pharmacy 
benefits manager and any prescription drug manufacturer or 
labeler, including, without limitation, formulary management 
and 
drug-switch 
programs, 
educational 
support, 
claims 
processing and pharmacy network fees that are charged from 
retail pharmacies and data sales fees. 
A pharmacy benefits 
manager 
providing 
information 
under 
this 
paragraph 
may 
designate 
that 
material 
as 
confidential. 
Information 
designated as confidential by a pharmacy benefits manager 
and provided to a covered entity under this paragraph may 
not be disclosed by the covered entity to any person without 
the consent of the pharmacy benefits manager. except that 
disclosure may be ordered by a court of this State for good 
cause shown or made in a court filing under seal unless or 
until 
otherwise 
ordered 
by 
a 
court. 
Nothing 
in this 
paragraph 
limits 
the 
Attorney 
General's 
use 
of 
civil 
investigative demand authority under the Maine Unfair Trade 
Practices Act to investigate violations of this section. 
Sec. C-IO. 22 MRSA §2699, sub-§S is enacted to read: 
5. 
AaPlication. 
This section applies to contracts executed 
or renewed on or after September 13, 2003. 
For the purposes of 
this subsection. a contract executed pursuant to a memorandum of 
agreement executed prior to September 13, 2003 is deemed to have 
been executed prior to September 13, 2003 even if the contract 
was executed after that date. 
Sec. C-ll. Retroactivity. 
Those sections of this Part that 
amend 
the 
Maine 
Revised 
Statutes, 
Title 
22, 
section 
2699, 
subsection 2, paragraphs D and G and enact Title 22, section 
2699, subsection 5 apply retroactively to September 13, 2003. 
Sec. C-12. 22 MRSA §7852, sub-§S, as enacted by PL 2001, c. 
596, Pt. A, §1 and affected by Pt. B, §25, is amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT A''' to H.P. 1418, L.D. 1916 
5. 
Assisted l.ivinq services. 
"Assisted living services" 
means 
the 
prov1s1on 
by 
an assisted housing program, 
either 
directly by the provider or indirectly through contracts with 
persons, 
entities or agencies, 
of assisted housing 
services~ 
assisted 
housing 
services 
with 
the 
addition 
of 
medication 
administration or assisted housing services with the addition of 
medication administration and nursing services. 
Sec. C-13. 29-A MRSA §1768, sub-§5, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is repealed and the 
following enacted in its place: 
5. Operation of defective yehicl.e. 
A person may not operate 
a vehicle on a public way with equipment on the vehicle that does 
not conform to the standargs set forth in rules adopteg by the 
Chief of the Stat~ Police pursuant to section 1769. 
A. Except as provided in paragraphs Band C, a person who 
yiolates this subsection commits a traffic infraction. 
B. 
A person who yiolates this subsection commits a Class E 
crime if the yehicle is unsafe for operation because it 
poses an immediate hazard to an occupant of the vehicle or 
the general public. 
C. 
A person who violates this subsection and is inyolved in 
a motor vehicle accident caused by nonconformance with the 
rules adopted by the Chief of the State Police pursuant to 
section 1769 commits a Class E crime. 
Sec. C-14. 30-A MRSA §1802, sub-§3, as enacted by PL 2003, c. 
228, §l, is amended to read: 
3. 
Consent of county. 
"Consent of county" means a vote 
taken pursuant to section 122 or a vote taken· at an election at 
which a majority of the legal votes of the voters of a county 
voting at the election are cast in ~ayor of a question seeking 
approval of funding construction of a jail facility through the 
issuance of bonds or the guarantee by the counties of bonds 
issued by the jail authority. 
Sec. C-15. 30-A MRSA §1802, sub-§3-A is enacted to read: 
3-A. 
County: 
counties. 
"County" 
means 
either 
~unty or Sagadahoc County, and "counties" means both 
County and Sagadahoc County. 
Lincoln 
Lincoln 
Sec. C-16. Retroactivity. 
Those 
amend 
the Maine 
Revised Statutes, 
sections of this Part that 
Title 30-A, 
section 1802, 
Page l3-LR2678(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ~, to H.P. 1418, L.D. 1916 
subsection 3 and that enact Title 30-A, section 1802, subsection 
3-A apply retroactively to May 21, 2003. 
Sec. C-17. 30·A MRSA §1952, first 1r, as enacted by PL 2003, c. 
228, §1, is amended to read: 
All 
persons, 
firms 
and 
corporations, 
whether 
public or 
private, and each county shall pay to the treasurer of the jail 
authority 
formed 
under 
this 
chapter 
the 
rates, 
tolls, 
assessments, 
rents, 
transportation charges 
and 
other 
charges 
established by the directors for services provided by the jail 
authority. In this subchapter, the words "other charges" include, 
but are not limited to, interest on delinquent accounts at a rate 
not to exceed the highest lawful rate set by the Treasurer of 
State for municipal taxes. The jail authority may submit periodic 
bills directly to 
individual 
users 
or 
to 
the 
counties 
as 
determined by the directors. 
Sec. C·lS. 30·A MRSA §1954, as enacted by PL 2003, c. 228, 
§l, is amended by adding at the end a new paragraph to read: 
If the issuance of guaranteed notes and bonds of the jail 
authority is authorized pursuant to this section, then a county 
is authorized to guarantee the payment of the principal of and 
premiums c if any. and interest on notes and bonds issued by the 
jail authority and to pledge the full faith and credit of the 
county to the payment of the principal of and premiums, if any. 
and interest on notes and bonds issued by the jail authority. 
Any amount that is payable pursuant to a guarantee authorized 
pursuant 
to 
this 
section 
is 
payable 
from 
sums 
annually 
apportioned by a county among the towns and other places within 
the territorial limits of the county and assessed upon the 
taxable property in the county and the sums so apportioned and 
assessed are payable from ad valorem taxes that may be levied 
without limit as to rate or amount upon all the property within 
the territorial limits of each town or place taxable by the town 
or place. except as otherwise provided by law. 
Sec. C-19. 30·A MRSA §4352, sub-§2, as amended by PL 2003, c. 
595, §4, is further amended to read: 
2. 
Relation to comprehensive plan. 
A zoning ordinanceT 
etae~-~~-aR-~4r-eR6eF6aiBmeR6-~~~~--eFQiRaReeT must 
be pursuant to and consistent with a comprehensive plan adopted 
by the municipal legislative body, except that adoption of an 
adult entertainment establishment ordinance does not necessitate 
adoption of a comprehensive plan by a municipality that has no 
such 
comprehensive 
plan. 
As 
used 
in this 
section, 
"adult 
entertainment establishment ordinance" means an ordinance that 
regulates the operation of adult amusement stores, adult video 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,11 .. to H.P. 1418, L.D. 1916 
stores, adult bookstores, 
adult novelty stores, 
adult motion 
picture theaters, on-site video screening establishments, adult 
arcades, 
adult entertainment nightclubs or bars, 
adult spas, 
establishments 
featuring strippers 
or erotic dancers, 
escort 
agencies or other sexually oriented businesses. 
Sec. C .. 20. 30 .. A MRSA §43S2, sub-§6, as amended by PL 2003, c. 
595, §5, is further amended to read: 
6. 
Effect on State. 
A zoning ordinanceT--Gt.-he-l"---t.ha&--aB. 
aEhdt;---ent+F-t;a.~---e&t.-aW-i-sbment---e!'aa.B.aB.eeT 
that 
is 
not 
consistent with a comprehensive plan that is consistent with the 
prov~s~ons of section 4326 is advisory with respect to the 
State. 
Except as provided in this section, a state agency shall 
comply with a zoning ordinance consistent with a comprehensive 
plan that is consistent with the provil:;ions of section 4326 in 
seeking to 
develop 
any building, 
parking facility or other 
publicly 
owned 
structure. 
The 
Governor 
or 
the 
Governor's 
designee may, 
after public notice and opportunity for public 
comment, 
including written notice to the municipal officers, 
waive any use restrictions in those ordinances upon finding that: 
A. 
The 
proposed 
use 
is 
not 
allowed 
anywhere 
in 
the 
municipali ty; 
B. 
There 
are 
no 
reasonable 
alternative 
sites 
for 
or 
configurations of the project within the municipality that 
would achieve the necessary public purposes; 
c. 
There are no reasonable alternatives to the project, 
including sites in other municipalities, that would achieve 
the necessary public purposes; 
D. 
The project will result in public benefits beyond the 
limits of the municipality, 
including without limitation, 
access to public waters or publicly owned lands; and 
E. 
The project is necessary to protect the public health, 
welfare or environment. 
A decision to waive a restriction under this section may be 
appealed by the municipality or any aggrieved party to Superior 
Court. 
Sec. C .. 21. 32 MRSA §12228, sub .. §10, as amended by PL 1999, c. 
224, §l, is further amended to read: 
10. 
Experience. 
During 
the 
5-year 
period 
immediately 
following October 1, 1997, the applicant shall show that the 
applicant has had 2 years of experience in the practice of public 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'ff" to H.P. 1418, L.D. 1916 
accountancy or its equivalent, meeting requirements prescribed by 
the 
board 
by 
rule; 
or, 
if 
the 
applicant's 
educational 
qualifications includeT a masters degree conferred by a college 
or university approved by the board, 
then only one year of 
experience in that practice or its equivalent is required. 
After 
October 1, 2002, for initial issuance of a certificate under this 
subsection, an applicant shall demonstrate 2 years of experience 
~aa~-was under the direction of a licensee aBQe~-~a~s-~~eeRap~e~ 
licensed by any state or territory of the United States and shall 
meet the other requirements prescribed by the board by rule. 
The 
applicant's experience must include the use of accounting or 
auditing skills, including the issuance of reports on financial 
statements, and at least one of the following: 
the provision of 
management advisory, financial advisory or consulting services; 
the preparation of tax returns; the furnishing of advice on tax 
matters; or equivalent activities defin~d by the board by rule. 
Board rules adopted pursuant to this subsection are routine 
technical rules as defined in Title 5, chapter 375, subchapter 
U-A 2-A. 
To the extent the applicant's experience is as a 
revenue agent or in a similar position engaged in the examination 
of personal and corporate income tax returns for the Bureau of 
Revenue Services, the applicant receives credit at the rate of 
50% toward the experience required by this subsection. 
To the 
extent the applicant's experience is as an examiner engaged in 
financial examinations for the Bureau of Insurance, the applicant 
receives credit under this subsection if that experience meets 
the following standards: 
A. 
Examinations 
are 
performed 
in 
conformity with 
the 
Examiners' Handbook published by the National Association of 
Insurance Commissioners; 
B. 
Working 
papers 
prepared 
by 
the 
examiners 
are 
in 
conformity with generally accepted auditing standards and 
are subject to a 
review by a 
supervisor who must be a 
certified public accountant; 
C. 
Written 
reports 
of 
examination 
are 
prepared 
conformity with the Examiners' 
Handbook published by 
National 
Association 
of 
Insurance 
Commissioners. 
examiners working on the examinations must participate 
the preparation of the report; 
in 
the 
All 
in 
D. 
Reports of examination are prepared in accordance with 
statutory accounting principles. 
All examiners working on 
the examinations must participate in the preparation of the 
financial statements and corresponding note disclosures; and 
E. 
All 
examiners 
participate in the 
assigned 
to 
planning of the 
an 
examination 
examination and 
must 
the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,~, to H.P. 1418, L.D. 1916 
planning phase 
conforms 
to 
the 
Examiners' 
Handbook 
and 
generally accepted auditing standards. 
Sec. C-22. PL 2003, c. 430, §2 is amended to read: 
Sec. 2. Report. 
The Department of Human Services shall report 
to 
the 
joint standing 
committee 
of 
the 
Legislature 
having 
jurisdiction over health and human services matters on or before 
JaBlial'Y ~ 
1, 2005 and on or before Jli;!,y--*r--6QQ§ January L 
2006 on the assessment of fees on manufacturers and labelers of 
prescription drugs pursuant to the Maine Revised Statutes, Title 
22, section 6999 2698-A and the use of those fees to support the 
work of the department with regard to the provisions of Title 22, 
section 6&99 2698-A. 
Sec. C-23. P&SL 1907, c. 84, §1 is amended to read: 
Sec. 1. Corporators; corporate names. 
Louis 
S. 
Walsh 
of 
Portland, 
Maine, 
Albert A. 
Burleigh and John 
B. 
Madigan of 
Houlton, Joseph Marcoux and Joseph A. Michaud of Eagle Lake, all 
in the state of Maine, their associates and successors are hereby 
incorporated and made a body politic by the name of the Northern 
Maine General 
Hesp~~a*, and by that name may sue and be sued, 
have a common seal and have all the immunities and privileges of 
like corporations. 
Said corporators and their associates shall 
have the power to vote in associate corporations, but no personal 
liability shall attach to said corporators by reason of any acts 
of said corporation. 
PARTD 
Sec. D-1. 30-A MRSA c. 206, sub-c. 3, as enacted by PL 2003, c. 
451, Pt. 
NNN, 
§2 and as amended by PL 
2003, c. 610, §1, is 
repealed. 
Sec. D-2. 30-A MRSA c~ 206, sub-c. 4 is enacted to read: 
SUBCBAP'.rER 4 
PINE TREE DEVELOPMENT ZQBES 
§5250-B. 
Findings and declaration of necessity 
1. 
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; 
COMMITTEE AMENDMENT 
COMM:ITTEE AMENDMENT 'A" to H.P. 1418, L.D. 1916 
B. 
Improve existing employment opportunities: 
C. 
Improve and broaden the tax base: and 
D. 
Improve 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. 
§S250-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~ 
of the voting stock of each member corporation or more than 50~ 
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 
Deyelopment Zone under section 5250-J. 
3. 
Average 
emplQJm8nt 
during 
base 
periQd. 
"Average 
employment during base period" for a business means the total 
number of qualified employees of that business on each of 6 
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 
Page l8-LR2678(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ff" to H.P. 1418, L.D. 1916 
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. 
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. 
Conanissioner. 
"Commissioner" means the Commissioner of 
Economic and Community Development. 
7. 
Department. 
"Department" 
means 
the 
Department 
of 
Economic and Community Development. 
8. 
FiMpcial 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 I. 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 
UAeJDPloJIIICDt 
rate. 
"Labor 
market 
unemployment 
rate" 
means 
the 
average 
unemployment 
rate 
as 
published 12y 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. 
MApufacturing. 
"Manufacturing" means the production of 
tangi12le 
personal 
property 
intended 
to 
12e 
sold 
or 
leased 
ultimately for final use or consumption or the production of 
tangi121e 
personal property pursuant to 
a 
contract with the 
Federal Goyernment or any agency thereof. 
12. 
Person. 
"Person" has the same meaning as defined in 
Title 36, section 111, SUbsection 3. 
13. 
Pine Tree Develo.pment 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 multi jurisdictional application. 
that has been designated by the commissioner as a Pine Tree 
Development Zone in accordance with section 5250-J." 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1418, L.D. 1916 
14. 
Pine 
Tree 
Develo:mnent 
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. 
Qualified 
business 
actiyiU. 
"Oualified 
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. 
8 
17. 
Oualified 
Pine 
Tree 
Deye10paent 
Zone 
business. 
"Oualified Pine Tree Development 
Zone business" or "gualified 
business" means any for-profit business in this State engaged in 
financial 
services, 
manufacturing 
or 
a 
targeted 
technology 
business that adds gualified 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 within the Pine Tree Development Zone would not 
38· 
occur within the State absent the availability of the Pine 
Tree 
Development 
Zone 
benefits. 
The 
department 
shall 
investigate whether the business has met the reguirements of 
this paragraph 
and 
prOvide 
an 
advisory 
op1n1on 
to 
the 
Executive Director of the Bureau of Revenue Services in the 
Department of Administratiye and Financial Services, 
who 
shall make the final determination; and 
B. It has received a certificate as a gualified business 
pursuant to section 5250-0. 
18. 
Oualified 
Pine 
Tree 
Development 
Zone 
employees. 
"Oualified Pine 
Tree 
Development 
Zone 
employees" 
means 
new, 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ~" to H.P. 1418, L.D. 1916 
fUll-time employees hired in this State by a gualified Pine Tree 
Development 
Zone business for work directly in one or 
more 
gualified 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 gualified employee is employed. 
Qualified Pine Tree Development Zone employees must be residents 
of this State. 
19. 
State average weekll" 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 unemp10pent 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 techno109l" 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. 
§5250-J. 
Pine Tree Develqgment 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 reguirements 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 reguire 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 reguirements of 
subsection 2 are authorized for designation as follows: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A" to H.P. 1418, L.D. 1916 
A. 
Aroostook County, 
including u,p to 100 acres of land 
reserved for the Aroostook Band of Micmacs and the Hou,lton 
Band of Maliseet Indians; 
B. 
The Androscoggin Valley region, including the Lewiston 
Enterprise 
Commu,nity 
Zone 
as 
designated 
by 
the 
federal 
Agricu,ltu,re, 
Rural 
Development. 
Food 
and 
Dru,g 
Administration. 
and Related Agencies, 
Appropriations Act, 
Pu,blic Law 105-277 (1999); 
C. 
The Penobscot Valley region, inclu,ding up to 500 acres 
of land reserved for the Penobscot Nation: and 
P, 
Washington County and the Downeast region, inclu,ding u,p 
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 
m1nl,mum 
requirements 
for 
the 
designation of Pine Tree Development Zones. 
Additionally, each 
participating u,nit 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 
zone. 
3. 
Limitations. 
The designation of Pine Tree Development 
Zones is su,bject 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 Cou,nty 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 Commu,nity Renewal Tax Relief Act 
of 2000. Pu,plic 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 u,pon any employees or positions transferred by the 
bu,siness 
or 
affiliated 
businesses 
into 
a 
Pine 
Tree 
Development Zone from a location elsewhere in the State; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ~" to H.P. 1418, L.D. 1916 
E. 
A Pine Tree Development Zone may not consist of more 
than 20 noncontiguous parcels of property: 
F 0 
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 wage is below the state average 
weekly wage at the time of the application. 
In the case of a multijurisdictional or joint application, 
tbe reg:uirements of this paragraph are met if the combined 
unemployment 
rate 
of 
the 
cooperating 
units 
of 
local 
government meets the reg:uirements 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: 
Co 
Evidence that the Pine Tree Development Zone meets the 
requirements of subsection 3: 
Do 
Any information evidencing economic distress: and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,~ to H.P. 1418, L.D. 1916 
E. 
A development plan that includes: 
(1) Documentation of ell municipel commitments reguired 
under subsection 2: 
(2) A description of how the Pine Tree Development Zone 
will be edministered. including any releted interlocel 
cooperative agreements: 
(3) A description of the goals end objectives to be 
eccomplished through the Pine Tree Development Zone; 
(4) A description of the resources to be committed to 
the Pine Tree Development Zone by the epplicant or 
app1icents: and 
(5) Plens for accomplishing the gOels and objectives. 
including a marketing plen and releted time line end 
milestones. 
5. 
Termination. 
All 
Pine 
Tree 
Development 
Zone 
designations a,pproved under this subchapter end ell 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 pla,n, the municipa,l 
officers of 
ea,ch a,pplica,nt unit of local government or the 
municipa,l officers' 
designee must 
hold at least one 
public 
heering. 
Notice of the hearing must be published a,t lea,st 10 
da,ys before the hea,ring in a newspaper of general circula,tion 
serving the a,rea, of the Sta,te in which the local government is 
loca,ted. 
2. 
Vote of municipal officers or legislative body. 
Ea,ch 
a,pplicant unit of 10ca,1 government must designa,te that portion of 
the Pine Tree Development Zone contained within its bounda,ries 
a,nd take a,ll a,ctions reguired to sa,tisfy the requirements of 
section 5250-J. subsection 2 by majority vote of its municipa,l 
officers or legislative body. 
3. 
Effective date. 
The 
establishment of 
a 
Pine Tree 
Development 
Zone 
is 
effective 
ypon 
designa,tion 
by 
the 
commissioner. 
4. 
Administration of zone. 
The participating units of 
local 
government 
ma,y 
contract 
or 
otherwise 
arrange 
with 
e public or priva,te organization. including a regional council as 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. Jr' to H.P. 1418, L.D. 1916 
described in section 2302. to administer activities authorized 
under this subchapter. 
The organization may act as the lead 
entity for the purpose of applying for and administering the Pine 
Tree Development Zone. 
5. 
Amendments. 
The designation. size. location. number and 
configuration of the parcels in a Pine Tree Development Zone or 
the terms of a development plan may be amended by an affirmative 
vote of all the participating units of local government as 
evidenced by 
a 
majority vote of the 
municipal officers or 
legislative body of each unit of local government. 
An amendment 
may not result in the zone's being out of compliance with any of 
the reguirements in section 5250-J. 
§5250-L. 
Selection criteria 
1. 
Reviey 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 E; 
C. 
Commitment of local and regional financial resources; 
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-H. 
Unorganized territoq 
For the purposes of this subchapter. a county may act as a 
municipality for the unorganized territory within the county and 
may 
designate 
development 
districts 
within 
the 
unorganized 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT A" to H.P. 1418, L.D. 1916 
territory. 
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. D-3. 36 MRSA §1760, sub-§§86 and 87, as enacted by PL 
2003, c. 451, Pt. NNN, §3, are amended to read: 
86. 
Construction contracts with qualified development zone 
businesses. 
Beginning July 1, 
2005, 
sales to a construction 
contractor of tangible personal property that is to be physically 
incorporated in, and become a permanent part of, real property 
that is owned by or for sale to a qualified Pine Tree Development 
Zone business, as defined in Title 30-A, section 5649 5250-1, 
subsection 17, which real property will be used in the qualified 
business activity, as defined in Title 30-A, section 5649 5250-1, 
subsection 16, 
of 
the qualified Pine Tree 
Development 
Zone 
business in a Pine Tree Development Zone, as defined in Title 
30-A, section 5649 5250-1, subsection 13. 
The exemption provided 
by 
this 
subsection is 
limited to 
sales 
to 
a 
construction 
contractor occurring within a period of 10 years from the date 
the qualified Pine Tree Development Zone business receiving the 
property is certified pursuant to Title 30-A, 
section 9699-8 
5250-0 or until December 31, 2018, whichever occurs first. 
87. 
Sales of 
tangible 
development zone businesses. 
personal 
property 
to 
Beginning July 1, 2005, 
qualified 
sales of 
. Page 26-LR2678(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT )?1. to H.P. 1418, L.D. 1916 
tangible personal property to a qualified Pine Tree Development 
Zone business, as defined in Title 30-A, section 9649 5250-1, 
subsection 17, for use directly and primarily in one or more 
qualified business activities, as defined in Title 30-A, section 
5648 
5250-1, 
subsection 16. 
The exemption provided by this 
subsection is limited for each qualified Pine Tree Development 
Zone business to sales occurring within a period of 10 years from 
the date the business is certified pursuant to Title 30-A, 
section 9669-8 5250-0 or until December 
31, 
2018, 
whichever 
occurs first. 
Sec. D-4. 36 MRSA §2529, sub-§§l and 2, as enacted by PL 2003, 
c. 451, Pt. NNN, §4 and affected by §8, are amended to read: 
1. 
Credit allowed. 
A taxpayer that is a qualified Pine 
Tree Development Zone business as define.d in Title 30-A, section 
5649 5250-1, subsection 17 is allowed a credit in the amount of: 
A. 
One hundred percent of the tax associated with premiums 
sold 
by 
a 
qualified business 
located in 
a 
Pine 
Tree 
Development Zone that would otherwise be due under this 
chapter for each of the first 5 taxable years that the 
taxpayer is required to file a 
return pursuant to this 
chapter beginning after the taxpayer commences its qualified 
business activity, as defined in Title 30-A, section 5648 
5250-1, subsection 16, and that are directly attributable to 
a qualified business activity; and 
B. 
Fifty percent of the tax associated with premiums sold 
by a qualified business in a Pine Tree Development Zone that 
would otherwise be due under this chapter for each of the 
taxable years beginning with the 6th taxable year and ending 
with the 10th taxable year that the taxpayer is required to 
file a return pursuant to this chapter after the taxpayer 
commences its qualified business activity, as defined in 
Title 30-A, section 5649 5250-1, subsection 16, and that are 
attributable to a qualified business activity. 
2. 
Apportioned credit in certain circUDlstances. 
In the 
case of 
a 
qualified Pine Tree Development 
Zone business 
as 
defined 
in Title 
30-A, 
section 
5648 
5250-1, 
subsection 
17, 
including any affiliated members of the qualified business, that 
has a business presence in the State other than that conducted 
within a Pine Tree Development Zone, as defined by Title 30-A, 
section 5648 5250-1, subsection 13, the credit provided for in 
this 
section is 
to 
be 
calculated 
based 
upon 
a 
pro 
forma 
determination. 
The pro forma determination must be based on the 
assumptions that all of the business activities conducted by the 
qualified Pine Tree Development Zone business and the affiliated 
members, if any, within this State constitute a unitary business 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ;t .. to H.P. 1418, L.D. 1916 
and that only the qualified business activity conducted in the 
Pine Tree Development Zone is subject to tax imposed by this 
chapter. 
The portion of the tax liability of the qualified Pine 
Tree Development Zone business and the affiliated members, if 
any, related to the business activity conducted in the Pine Tree 
Development Zone must be determined by use of a percentage, the 
numerator of which is the property value and the payroll for the 
taxable 
year 
directly attributed 
to 
the 
qualified 
business 
activity of the business and the denominator of which is the 
statewide property value and payroll for the taxable year of the 
qualified business and its affiliated members. 
Sec. D-S. 36 MRS A §67S4, sub-§l, ,D, as enacted by PL 2003, c. 
451, Pt. NNN, §6 and affected by §8, is amended to read: 
D. 
For qualified Pine Tree Development Zone employees, as 
defined in Title 30-A, section 864& 5250-1, subsection 18, 
employed directly in the qualified business activity of a 
qualified Pine Tree Development Zone business, as defined in 
Title 30-A, section 8a4& 5250-I, subsection 17, for whom a 
certificate of qualification has been issued in accordance 
with Title 30-A, section 8aliQ-iI 5250-0, the reimbursement 
under this subsection is equal to 80'%. of the wi thholding 
taxes 
withheld 
each 
year 
for 
which 
reimbursement 
is 
requested and attributed to those qualified employees for a 
period 
of 
no 
more 
than 
years. 
In 
no 
event 
may 
reimbursement 
under 
this 
subsection 
be 
paid 
for 
years 
beginning after December 31, 2018. 
PARTE 
Sec. E-l. 32 MRSA §1866, sub-§4, 1J]), as enacted by PL 2003, c. 
499, §6, is amended to read: 
D. 
Paragraphs A, Band C of this subsection do not apply to 
a 
brewer or vintner who 
annua~ly produces 
no more than 
50,000 gallons of its product or a bottler of water who 
annually 
sells 
no 
more 
than 
250,000 
containers 
each 
containing no more than one gallon of its product. 
In 
addition to the payment of the refund value, an initiator of 
deposit under section 1863-A, subsections 1 to 4 who is also 
a 
brewer or vintner who 
annually produces no more than 
50,000 gallons of its product or a bottler of water who 
annually 
sells 
no 
more 
than 
250,000 
containers 
each 
containing no more than one gallon of its product shall 
reimburse the dealer or local redemption center for the cost 
of handling beverage containers subject to section 1863-A in 
an amount that equals at least 3¢ per returned container. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A .. to H.P. '1418, L.D. 1916 
Sec. E·2. Routine technical rule. 
Any rule change necessary to 
implement the inclusion of vintners within the exemption for 
small brewers described in that section of this Part that amends 
the Maine Revised Statutes, Title 32, section 1866, subsection 4, 
paragraph D is a routine technical rule as defined in Title 5, 
chapter 375, subchapter 2-A. 
PARTF 
Sec. F·l. 12 MRS A §7903, as enacted by PL 1979, c. 420, §L 
is amended to read: 
§7903. 
Jurisdiction 
The District Court saa .... --aave llil£ concurrent jurisdiction 
with 
the 
Superior 
Court 
in all criminal 
prosecutions 
under 
chapters 701 to 721. 
The District Court has jurisdiction in all 
civil 
prosecutions 
under 
chapters 
to 
721. 
Any 
person 
arrested or summonsed as 
a violator of this Part must with 
reasonable diligence be taken befQre the District CQurt in the 
divisiQn nearest tQ where the Qffense is alleged to have been 
committed 
fQr 
prosecutiQn. 
and in such case jurisdictiQn is 
granted tQ the District Court in adjoining divisions to be 
exercised in the Same manner as if the offense had been committed 
in that division. 
Sec. F-2. 12 MRSA §10553, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is amended to read: 
§10553. 
Jurisdiction 
The District Court has concurrent jurisdiction with the 
Superior Court in all criminal prosecutions under this Part. 
The 
District Court has jurisdiction in all civil prosecutions under 
this Part. 
Any person arrested or summonsed as a violatQr of 
this Part must with reasonable diligence be taken before the 
District Court in the division nearest to where the ()ffense is 
alleged to have been committed for prosecution. and in such case 
jurisdiction is granted to 
the District 
CQurt 
in adjoining 
divisions to be exercised in the same manner as if the offense 
had been committed in that division. 
Sec. F·3. Effective date. 
That section of this Part that amends 
the Maine Revised Statutes, Title 12, section 10553 takes effect 
August 31, 2004.' 
Further amend the bill by relettering 
nonconsecutive 
Part 
letter 
or 
section 
consecutively. 
or renumbering any 
number 
to 
read 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "11" to H.P. 1418, L.D. 1916 
SUMMARY 
This amendment labels the sections of the bill as Part A. 
Part 
B 
consists 
of 
technical 
changes 
and 
includes 
revised 
sections 
from 
the bill and additional technical 
corrections. 
Part 
C 
consists of 
changes 
that are 
or 
may 
be 
considered 
substantive. 
Part D corrects a conflict involving the Pine Tree 
Development Zones. 
Part E amends the bottle redemption law to 
refer to vintners. 
Part F amends the law governing prosecution 
of civil and criminal inland fisheries and wildlife violations. 
PART A 
Section 1 of the bill is deleted and added in Part C with an 
additional change. 
Section 
of the bill is deleted because the error is 
corrected in another bill. 
Section 15 of the bill is deleted and added in Part B with a 
correction. 
Section 28 of the bill is deleted because the correction can 
be made without legislation. 
Sections 35 and 36 of the bill are deleted and added in Part 
B with a date change. 
Sections 43 and 44 of the bill are deleted and added in Part 
B with a date change. 
Sections 45 and 46 of the bill are deleted and added as Part 
D. 
Sections 50 and 51 of the bill are deleted and added in Part 
B with a date change. 
Sections 55 and 56 of the bill are deleted and added in Part 
B with a cross-reference update and a date change. 
PART B 
Section 1 
provides that violations of provisions of the 
chapter concerning cemetery and crematory trust funds and other 
property 
already fall 
under 
the definition of 
theft 
crimes 
contained in the Maine Criminal Code, Title 17-A, chapter 15. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A" to H.P. 1418, L.D. 1916 
Section 
corrects cross-references to 
drug 
trafficking 
statutes contained in the civil forfeiture statutes. 
Section 3 makes 
a grammatical correction and corrects a 
conflict in the drug trafficking laws. 
Section 4 corrects an error by adding language to make a 
complete sentence and reflect the intent of the Legislature in 
the education laws. 
Section 
repeals 
an obsolete provision of 
law in the 
education laws. 
Section 6 corrects a conflict created by Public Law 2003, 
chapters 395 and 447, which affected the same provision of law 
concerning challenges of voters by other. voters, by incorporating 
the changes made by both laws. 
Section 7 
corrects the cross-reference to the statutory 
designation of Equal Pay Day. 
Section 
corrects 
a 
vehicles. 
Section 9 provides 
2004. 
conflict 
concerning 
low-speed 
an effective date of August 31, 
Section 10 corrects a conflict concerning accident reports. 
Section 11 provides an effective date of August 31, 2004. 
Section 
corrects 
a 
conflict 
concerning 
sales 
tax. 
Section 13 provides an effective date of August 31, 2004. 
Section 14 corrects a conflict created when 3 public law 
chapters amended the same section concerning discharging waste 
from 
watercraft 
on 
inland waters. 
Section 
provides 
an 
effective date of July 1, 2004. 
PART C 
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. 
This section also 
expands the authority of family case management officers to amend 
the parental rights and responsibilities portions of temporary 
protection from abuse orders. 
Section 2 amends the current law governing assessments to be 
paid by certain towns and plantations to the General Fund to 
support the work of the Maine Land Use Regulation Commission. 
Current law provides that interest charges for unpaid assessments 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT '11'" to H.P. 1418, L.D. 1916 
begin 
on 
May 
1st 
and 
are 
compounded 
monthly 
at 
the 
rate 
established 
for 
unpaid 
property 
tax 
for 
the 
unorganized 
territory. 
This section changes that date to June 30th. 
Section 3 amends current law in Title 12 to immediately pick 
up the changes that Public Law 2003, chapter 614 made to the 
recodified inland fisheries and wildlife laws. 
Section 4 amends a provision of the laws pertaining to civil 
jury verdicts to be consistent with recent changes. 
Public Law 
2003, chapter 525 changed the law governing the number of civil 
jurors, requiring a minimum of 213 of the jurors to agree on a 
verdict. 
This section amends Title 14, section 1354 to also 
require the agreement of a minimum of 2/3 of the total number of 
jurors on a verdict or finding. 
Section 5 corrects a conflict created by Public Law 2003, 
chapters 314 and 477, which affected the same provision of law. 
This section repeals the 
prov~s~on and replaces it with the 
chapter 477 version with minor revisions. 
Sections 6 and 7 correct 3 errors in MaineCare law that were 
enacted in Public Law 2003, chapter 613. The first corrects a 
reference to the occurrence of "overpayment or fraud," which was 
inadvertently 
changed 
to 
"overpayment 
and 
fraud" 
when 
the 
intention was to make a similar change of the word "or" to "and" 
later on the same line of the bill. 
The second involves failure 
to delete descriptive language on termination or suspension from 
the MaineCare program when compliance with federal regulation and 
state rule were substituted for that descriptive language. 
The 
third corrects the use of the word "fee" when proper reference to 
the department's remedy is "penalty." 
Section 
clarifies 
prescription drug marketing 
period and the reporting date. 
the 
law 
costs by 
governing 
changing 
reporting 
of 
the 
reporting 
Sections 
and 
clarify that documents that pharmacy 
benefits managers are routinely required to provide to covered 
entities may be designated confidential by the pharmacy benefits 
managers 
and must be treated as such by the covered entity. 
These reporting requirements are routine reporting requirements 
and are not intended to displace the rules of discovery in the 
context of litigation. 
It is made expressly clear that the 
confidentiality of 
these 
documents 
as 
between 
the 
pharmacy 
benefits managers and the covered entities does not affect the 
Attorney General's ability to investigate under the Maine Unfair 
Trade 
Practices 
Act. 
The 
confidentiality 
of 
the 
Attorney 
General's 
investigations 
is 
governed 
by 
the 
Maine 
Revised 
Statutes, 
Title 
5, 
section 
211. 
The 
new 
pharmacy 
benefits 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·ff" to H.P. 1418, L.D. 1916 
management law was enacted by Public Law 2003, chapter 456. 
It 
took effect as nonemergency legislation on September 13, 2003. 
This amendment clarifies that the new law applies to contracts 
executed or renewed on or after September 13, 2003. 
A contract 
executed pursuant to a memorandum of agreement that was executed 
prior to September 13, 2003 is deemed a contract executed prior 
to September 13, 2003 even if the contract itself was executed at 
a later date. 
Section 11 adds a retroactive effective date of 
September 13, 2003. 
Section 
amends 
the 
definition 
of 
"assisted 
living 
services" to clarify that it applies to the provision of assisted 
housing 
services, 
assisted 
housing 
services 
with 
medication 
administration and 
assisted housing 
services with medication 
administration and nursing services. 
Section 
amends 
the 
subchapter 
in 
the 
traffic 
laws 
regarding violations of the inspection standards to clarify that 
a violation of the inspection rules adopted by the Chief of the 
State Police is a traffic infraction and that operation of a 
motor vehicle that is in violation of the rules and causes an 
immediate hazard is a Class E crime. 
The amendment also makes it 
a Class E crime if the operator of a vehicle is involved in a 
motor vehicle accident caused by nonconformance with the rules. 
Section 14 amends the laws pertaining to the Lincoln and 
Sagadahoc multicounty jail authority to revise the definition of 
"consent of county" to specifically include the vote taken in 
November 2003 in Lincoln and Sagadahoc counties concerning the 
authorization of a jail facility. 
Section 15 adds the definitions of "county" and "counties" 
to clarify that the specific counties referred to throughout the 
chapter are Lincoln and Sagadahoc counties. 
Section 16 makes the changes to the definitions in Title 
30-A, 
section 1802 apply retroactively to May 
21, 
2003, 
the 
effective date of the enacting law. 
Section 17 amends Title 30-A, section 1952 to clarify that 
Lincoln and Sagadahoc counties are included in the listing of 
entities, which include public corporations, obligated to pay to 
the 
treasurer 
of 
the 
jail authority 
the 
charges 
that 
are 
established. 
Section 
amends 
Title 
30-A, 
section 
1954 
to provide 
expressly that Lincoln and Sagadahoc counties are authorized to 
guarantee the payment of the principal of, premiums and interest 
on notes and bonds and to pledge the full faith and credit of the 
counties for such payment. 
Such authority is alluded to and 
other language is based on that authority. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ~' to H.P. 1418, L.D. 1916 
Sections 19 and 20 
remove and replace confusing language 
enacted by Public 
Law 
2003, 
chapter 
that 
inadvertently 
implies that municipalities with existing comprehensive plans 
need 
not 
make 
adult 
entertainment 
establishment 
ordinances 
consistent with these comprehensive plans. 
The intent of the law 
is to allow a municipality that has no comprehensive plan to 
enact an adult entertainment establishment ordinance without 
triggering the requirement of adoption of a comprehensive plan. 
Section 21 corrects an error in the Maine Revised Statutes, 
Title 32, section 12228, subsection 10. 
The provision at issue 
is a 
requirement that took effect on October 1, 
2002. 
The 
prov~s~on required 
an 
applicant 
to 
demonstrate 
years 
of 
experience under the supervision of a licensed certified public 
accountant. 
The 
provision limited the experience that will 
satisfy the requirement of experience under the supervision of a 
Maine-licensed CPA. 
The intent of the provision was to permit 
applicants to work under the supervision of a CPA licensed in any 
state or. territory of the United States, not just in Maine. 
The 
current statutory language is unnecessarily limiting. 
Section 
amends 
the 
law 
governing 
reporting 
of 
prescription drug marketing costs to change the reporting period 
and the reporting date. 
Section 23 amends Private and Special Law 1907, chapter 84, 
which is the corporate charter of the Northern Maine General 
Hospital. 
This section changes the name of the corporation to 
"Northern Maine General." 
PART D 
Sections 1 and 2 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, 
which enacted the Pine Tree Development Zones laws, and enacting 
it as 
subchapter 
with new section numbers. 
In addition, 
changes to the Pine Tree Development Zones enacted by Public Law 
2003, chapter 610 are incorporated. 
Sections 3 to 5 correct cross-references to the Pine Tree 
Development Zones sections relocated by this Part. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT A"" to H.P. 1418, L.D. 1916 
PART E 
Section 1 corrects an error in the Maine Revised Statutes, 
Title 32, section 1866, subsection 4, paragraph D. 
The amendment 
includes 
vintners 
within 
the 
exemption 
to 
commingling 
requirements 
and 
handling 
fee 
increases, 
as 
was 
originally 
intended and incorrectly understood to be accomplished by use of 
the term "brewer." 
Section 2 specifies that any rule change 
necessary to implement the amendment is a routine technical rule. 
PART F 
Sections 1 and 2 provide flexibility to the District Court 
to handle civil and criminal prosecutions of inland fisheries and 
wildlife violations by authorizing prosecutions in the District 
Court division nearest the location of the alleged violation. 
FISCAL ~OTE REQl;IRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/13/04 ;t;vae 
Office of Fiscal and Program Review 
LD 1916 
An Act To Correct Errors and Inconsistencies in the Laws of Maine 
LR2678(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor revenue decrease - General Fund 
LR2678(2) - Fiscal Note - Page 1 of 1