Maine Legislature, Session 121, LD 0274
Committee Amendment CA_A_H593 (House)
Amends: 4 MRSA §153, 5 MRSA §191, 12 MRSA §6404-B, 22 MRSA §330, 25 MRSA §1550, 32 MRSA §2102, 11 MRSA §9, 12 MRSA §6034, 17-A MRSA §360, 22 MRSA §4301, 25 MRSA §2809, 29-A MRSA §2054, 29-A MRSA §20, 30-A MRSA §371-B, 36 MRSA §1811, 37-B MRSA §781, 37-B MRSA §822, 5 MRSA §17, 5 MRSA §17851-A, 20-A MRSA §12302, 22 MRSA §3477

COMMITTEE AMENDMENT "A, to H.P. 217, L.D. 274, Bill, 
Act to Correct Errors and Inconsistencies in the Laws of Maine" 
"An 
Amend the bill by inserting after the enacting clause and 
before section 1 the following: 
'PART A' 
Further amend the bill by striking out all of sections 2 to 
10. 
Further amend the bill by striking out all of section 15. 
Further amend the bill by striking out all of sections 23, 
26, 30, 32, 37, 39, 47, 48, 50 and 51. 
Further amend the bill by striking out all of sections 56 
and 63 to 67. 
Further amend the bill by inserting after section 68 the 
following: 
'PARTB 
Sec. B-1. 4 MRSA §153, sub-§9, as amended by PL 1969, c. SOL 
§1, is further amended to read: 
COMMITTEE AMENDMENT 
•. c. . 
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COMMITTEE AMENDMENT ,A.. to H. P. 217, L. D . 274 
9. 
Northern Cumberland. 
Northern Cumberland consists of 
all municipalities in the County of 
Cumberland not included 
within the divisions of EasteFR--aRQ Southern Cumberland 
and 
Bath-Brunswick, 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 
sha** ~ 
be held at Bridgton. 
Sec. B-2. 5 MRSA §191, as amended by PL 1989, ·c. 410, §13, is 
repealed and the following enacted in its place: 
S191. 
Duties: sal~: fees: full time 
1. 
Attorney General: office: sal~. The Attorney General 
is the executive head of the Department of the Attorney General. 
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 is entitled to receive 
actual expenses incurred in the performance of official dut~es. 
2. 
Full time: probibited activities. 
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 
that term be a partner or associate of any person in the practice 
of law. 
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. 
3. 
Rt!Rresentation.ltt Attornu General« dt!Ruties« assistants 
and staff attornus. 
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 into 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 br defended by the Attorney 
General or under the Attorney General's direction. 
A. 
Writs. swnroonses or other processes served upon those 
officers must be transmitted by them to the Attorney General. 
B. 
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 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,~ .. to H.P. 217, L.D. 274 
counsel, 
nor 
employ 
private 
counsel 
except 
ypon 
prior 
written approval of the Attorney General. 
In all instances 
where the Legislatyre has aythorized an office or an agency 
of 
the 
State 
to 
employ 
private 
counsel, 
the 
Attorney 
General's 
written 
approvel 
is 
reguired 
as 
a 
condition 
precedent to the employment. 
4. 
Fees. 
The Attorney General is entitled to receive the 
following fees: 
A. 
For 
approval 
of 
certificate 
of 
organization 
of 
corporations ynder Title 9-B, section 313, sybsection 3, $10 
in advance; and 
B. 
For certificate that any corporation has 
ceased to 
transact business and is excysed from filing annual returns, 
as aythorized in Title 13-C, section 1621, subsection 4, $5. 
The Attorney General shall collect the legal and ysyal fees 
payable 
to 
the 
Attorney General 
by Virtye of 
the Attorney 
General's office and shall pay them over to the Treasyrer of 
State. 
Sec. B-3. Effective date. 
That section of this Part that 
repeals and replaces the Maine Revised Statutes, Title 5, section 
takes effect July 1, 2003. 
Sec. B-4. 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 
section 9149-W ~ 
or any rule adopted under section 6749. 
The 
suspension must be for one year from the date of conviction. 
Sec. B-S. 20-f'\. MRSA §4706, sub-§2, as amended by PL 2001, c. 
403, §l and c. 454, §20, is repealed and the following enacted in 
its place: 
2. 
Maine studies. Maine history, including the Constitytion 
of 
Maine, 
Maine 
geography 
and 
environment 
and 
the natural, 
indystrial and economic resources of Maine and Maine's cyltyral 
and ethnic heritage, myst be tayght. 
A regyired component of 
Maine studies is Maine Native American studies, which myst be 
inclyded in the review of content standards 
and performance 
indicators of the learning resylts condycted in accordance with 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. A 
.. to H.P. 217, L.D. 274 
section 6209, subsection 4. 
The Maine 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. B-6. 22 MRSA §330, sub-§5, as enacted by PL 2001, c. 664, 
§2, is repealed. 
Sec. B-7. 22 MRS A §3028, sub-§7, as amended by PL 2001, c. 
291, §7 and c. 345, §2, is repealed and the following enacted in 
its place: 
7. 
Written re.port. 
Upon completing an inyestigation, the 
medical examiner or the person expressly authorized by the Chief 
Medical 
Examiner 
shall 
submit 
a 
written 
report 
of 
the 
inyestigator's findings to the Chief Medical Examiner on forms 
provided for that purpose. The investigator shall retain one copy 
of the report. 
If 
an 
investigator 
reports 
suspected 
abuse, 
neglect 
or 
exploitation to the Chief Medical Examiner, 
the Chief Medical 
Examiner, 
by reporting that information to the department on 
behalf of 
the 
investigator, 
fulfills the 
medical 
eXaminer's 
mandatory reporting requirement under section 3477 or 401l-A. 
Sec. B-8. 22 MRSA §Sl18, sub-§4, 1JC, as enacted by PL 1981, 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 slieh provision of subsection 
1, paragraphs A to I, the director shall notify the area 
agency that no further payments from its allotments under 
seeeieas section 5115 
and Section 
aae--elle of 
the 
federal Older Americans Act of 1965, 42 United States Code, 
Section 3026 will be made to the agency or, in his 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 he the director is 
satisfied that there will no 
longer be 
any failure to 
comply. 
Until he the director is so satisfied, Be further 
payments may mtt be made to the agency from its allotments 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 217, L.D. 274 
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 Fe~Qla~ieas 
ae--Ghad+-~FeseFi:ee 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 
saall ~ 
be 
matched 
in 
the 
proportions 
specified in section 5116. 
Sec. B-9. 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 1546r-6Q96ee~ieas 1542-A, subsection 1 or 3, or with the 
provisions of section 1546 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 
feFfei~QFe ~ 
of not 
more than $100 may be adjudged. 
Sec. B-I0. 32 MRSA §2102, sub-§2-A, as amended by PL 2003, c. 
204, Pt. H, §1, is further amended to read: 
2-A. 
Advanced 
practice 
practice registered nursing" 
professional health care by an 
that is: 
reqistered 
nursing. 
"Advanced 
means 
the 
delivery of expanded 
advanced practice registered nurse 
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 consultation 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. 
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AayaReea-PFae~iee-Re~is~eFea-NQFSia~T 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A· to H.P. 217, L.D. 274 
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. 
PARTC 
Sec. C-l. 11 MRSA §9-1207, sub-§(4), as enacted by PL 1999, c. 
699, Pt. A, §2 and affected by §4, is amended to read: 
(4) 
If the secured party is a buyer of accounts, chattel 
paper, payment intangibles or promissory notes or a consignor: 
(a) Subsection (1) does not apply unless the secured party 
is entitled under an agreement: 
(i) 
To charge back uncollected collateral; or 
(ii) 
Otherwise to full or limited recourse against the 
debtor or a secondary obligor based on the nonpayment 
or other default of an account debtor or other obligor 
on the collateral; and 
(b) Subsections (2) and (3) do not apply. 
Sec. C-2. 11 MRS A §9-1207, sub-§(5), as enacted by PL 1999, c. 
699, Pt. A, §2 and affected by §4, is repealed. 
Sec. C-3. 12 MRSA §6034, sub-§I, as enacted by PL 2003, c. 90, 
§2, is amended to read: 
1. Appoin~nt; composition. 
The Commercial Fishing Safety 
Council, 
referred to 
in this section as 
"the council" 
and 
established 
by 
Title 
5, 
s.ection 
12004-I, 
subsection 
57-E, 
consists of 17 members, 15 of whom are appointed by the Governor 
aBe-sw»~eee-e9-e9afi~maei9a-By-eRe-be~islae~~e as follows: 
A. 
One member who is a license holder under this Part and a 
member of the Lobster Advisory Council, recommended by the 
chair of the Lobster Advisory Council; 
B. 
One member who is a license holder under this Part and a 
member of the Marine Resources Advisory Council, recommended 
by the chair of the Marine Resources Advisory Council; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A" to H.P. 217, L.D. 274 
C. 
One member who is a license holder under this Part and a 
member of the Sea Urchin Zone Council, 
recommended by the 
chair of the Sea Urchin Zone Council; 
D. 
Five members who are license holders under this Part and 
who each represent a different commercial marine harvesting 
activity than the other members of the council, recommended 
by commercial marine harvesting and aquaculture interests; 
E. 
An 
educator 
experienced 
in 
community-based 
adult 
education and volunteer safety training; 
F. 
An 
expert 
in 
fishing 
industry 
risk 
analysis 
and 
occupational health; 
G. 
An expert in marine safety equipment; 
H. 
A representative of the marine insurance industry; 
I. 
A marine surveyor; 
J. 
A spouse or domestic partner of a license holder under 
this Part; and 
K. 
A member of the public. 
The chair of the Marine Resources Advisory Council and the chair 
of 
the 
Marine 
Recreational 
Fishing Advisory 
Council 
are 
ex 
officio members of the council. 
The composition of the council 
must reflect a geographic distribution along the coast of the 
State. 
The council may invite to carry out the duties of the 
council 'other 
participants 
on 
an 
ad 
hoc 
basis, 
including 
representatives 
of 
private 
or 
governmental 
organizations 
or 
individuals with expertise or interest in marine, 
education, 
labor or health matters. 
Sec. C-4. 17-A MRSA §360, sub-§l, as amended by PL 2001, c. 
667, Pt. D, §11 and affected by §36, is further amended-to read: 
1. 
A person is guilty of theft if: 
A. 
Knowing that the person does not have the consent of the 
owner, the person takes, operates or exercises control over 
a vehicle, or, knowing that a vehicle has been so wrongfully 
obtained, the person rides in the vehicle. 
Violation of 
this paragraph is a Class D crime; 
A-I. 
The person violates paragraph A and the person has 2 
prior 
Maine 
convictions 
for 
any 
combination 
of 
the 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. I) .. to H.P. 217, L.D. 274 
following: 
theft; any violation of section 401 in which the 
crime 
intended to be 
committed inside the structure is 
theft; 
any violation of section 405 in which the crime 
intended to be committed inside the motor vehicle is theft; 
any violation of section 651; any violation of section 702, 
or 708; or attempts thereat. 
Section 9-A governs the 
use 
of 
prior 
convictions 
when 
determining 
a 
sentence. 
Violation of this paragraph is a Class C crime; 
B. 
Having custody of a vehicle pursuant to an agreement 
between the person and the owner of the vehicle whereby the 
person or another is to perform for compensation a specific 
service for the owner involving the maintenance, repair or 
use 
of 
the 
vehicle, 
the 
person 
intentionally 
uses 
or 
operates the vehicle, without the consent of the owner, for 
the person's own .purposes in a manner constituting a gross 
deviation 
from 
the 
agreed 
purpose. 
Violation of 
this 
paragraph is a Class D crime; 9F 
B-1. 
The person violates paragraph B and the person has 2 
];!rior 
Maine 
convictions 
for 
am' 
combination 
of 
the 
following: 
theft: any violation of section 401 in which the 
crime 
intended to be 
COmmitted inside the structure is 
theft; 
any violation of section 405 in .which the crime 
intended to be committed inside the motor vehicle is theft; 
any violation of section 651; any violation of section 702, 
or 708; or attempts thereat. 
Section 9-A governs the 
use 
of 
prior 
convictions 
when 
determining 
a 
sentence. 
Violation of this paragraph is a Class C crime; 
C. 
Having custody of property pursuant to a rental or lease 
agreement with the owner of the property or a borrower's 
agreement with a library or museum whereby the property is 
to be returned to the owner at a specified time and place, 
the person knowingly fails to comply with the agreed terms 
concerning return of such property without the consent of 
the owner, for so lengthy a period beyond the specified time 
for return as to render the retention or possession or other 
failure to return a gross deviation from the agreement. 
For 
purposes of this paragraph, proof that the person fails to 
return the property within 5 days of receiving a written 
demand from the owner, mailed by certified or registered 
mail or delivered by hand after the expiration of the rental 
period to the most current address known to the owner, gives 
rise to a permissible inference under the Maine Rules of 
Evidence, Rule 303 of a gross deviation from the agreement. 
Violation of this paragraph is a Class D crime; or 
D. 
The person violates paragraph C and the person has 2 
pr ior 
Maine 
convictions 
for 
any 
combination 
of 
the 
COMMITTEE AMENDMENT 
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,. 
COMMITTEE AMENDMENT "~,, to H.P. 217, L.D. 274 
following: 
theft: any violation of section 401 in which the 
crime 
intended to be 
committed inside the structure is 
theft: 
any violation of section 405 in which the crime 
intended to be committed inside the motor vehicle is theft: 
any violation of section 651: any violation of section 702. 
or 708: or attempts thereat. 
Section 9-A governs the 
use 
of 
prior 
convictions 
when 
determining 
a 
sentence. 
Violation of this paragraph is a Class C crime. 
Sec. C-S. 17-A MRSA §360, sub-§4, as enacted by PL 2001, c. 
383, §49 and affected by §156, is repealed. 
Sec. C-6. 22 MRSA §4301, sub-§7, as amended by PL 2001, c. 
571, §1, is further amended to read: 
7. 
Income. 
"Income" means any form of income in cash or in 
kind received by the household, including net remuneration for 
services performed, cash received on either secured or unsecured 
credit, 
any 
payments 
received 
as 
an 
annuity, 
retirement or 
disability benefits, veterans' pensions, workers' compensation, 
unemployment 
benefits, 
benefits 
under 
any 
state or 
federal 
categorical assistance 
program, 
supplemental 
security 
income, 
social security and any other payments from governmental sources, 
unless specifically prohibited by any law or regulation, court 
ordered support payments, income from pension or trust funds and 
household income from any other source, including relatives or 
unrelated household members. 
The following items are not available within the meaning of this 
subsection and subsection 10: 
A. 
Real or personal income-producing property, tools of 
trade, 
governmental 
entitlement 
specifically 
treated 
as 
exempt assets by state or federal law; 
B. 
Actual work-related expenses, whether itemized or by 
standard 
deduction, 
such 
as 
taxes, 
retirement 
fund 
contributions, union dues, transportation costs to and from 
work, special equipment costs and child care expenses; or 
C. 
Earned income of children below the age of 18 years who 
are full-time students and who are not working full time. 
In determining need, the period of time used as a basis for the 
calculation is the 30-day period commencing on the date of the 
application. 
This prospective calculation does not disqualify an 
applicant who has exhausted income to purchase basic necessities 
if that income does not exceed the income standards established 
by 
the 
municipality. 
Notwithstanding 
this 
prospective 
calculation, if any applicant or recipient receives a lump sum 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. t/ .. to H.P. 217, L.D. 274 
payment prior or subsequent to applying for assistance, that 
payment must be prorated over future months. 
The period of 
proration is determined by disregarding any portion of the lump 
sum payment that the applicant or recipient has spent to purchase 
basic necessities, 
including but not limited to: 
all basic 
necessities provided by general assistance; reasonable payment of 
funeral or burial expenses for a family member; reasonable travel 
costs related to the illness or death of a family member; repair 
or replacement of essentials lost due to fire, flood or other 
natural disaster; repair or purchase of a motor vehicle essential 
for employment, education, training or other day-to-day living 
necessities; repayments of loans or credit, the proceeds of which 
can be verified as having been spent on basic necessities; and 
payment of bills earmarked for the purpose for which the lump sum 
is paid. 
All 
income 
received by the household between the 
receipt 
of 
the 
lump 
sum 
payment 
and" the 
application 
for 
assistance is added to the remainder of the lump sum. 
The period 
of prorati~n is then determined by dividing the remainder of the 
lump sum payment by the greater of the verified actual monthly 
amounts for all of the household's basic necessities or By 150'\, 
of the applicable federal poverty guidelines. 
That dividend 
represents 
the 
period 
of 
proration 
determined 
by 
the 
administrator to commence on the date of receipt of the lump sum 
payment. 
The prorated sum for each month must be considered 
available to the household for 
months 
from 
the date of 
application or during the period of proration, whichever is less. 
Sec. C-7. 25 MRSA §2809, first 1[, as enacted by PL 1989, c. 
521, §§14 and 17, is amended to read: 
Beginning January 1, 1991, the board shall report annually 
to 
the 
joint standing 
committee 
of 
the 
Legislature 
having 
jurisdiction over 
*e~a*--a~~ai~6 criminal 
justice 
and public 
safety matters on the implementation and effectiveness of this 
chapter. 
The purpose of the report is to provide the Legislature 
annual information on the law governing law enforcement training 
in order to ensure that appropriate and timely training is 
accomplished. 
The report must include the following: 
Sec. C-8. 29-A MRSA §2054, sub-§2, 1JD, as amended by PL 2003, 
c. 78, §1, is repealed and the following enacted in its place: 
D. 
Except as provided in this paragraph. a vehicle may not 
be equipped with or display a blue light. 
(1) 
Emergency lights used on the following vehicles 
must emit a blue light or a combination of blue and 
white 
light: 
a 
police 
vehicle: 
a 
Department 
of 
Corrections 
vehicle 
as 
described 
in 
subsection 
I. 
Page lO-LROOOl(2) 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. A 
.. to H.P. 217, L.D. 274 
paragraph B, subparagraph (6): a vehicle operated by a 
chief of police, a sheriff or a deputy sheriff: and a 
vehicle operated by a qualified deputy sheriff or other 
qualified individual performing court security related 
functions and services. 
(2) 
Emergency 
lights 
used 
on 
an 
ambulance, 
an 
emergency medical service vehicle, 
a 
fire department 
vehicle, 
a 
fire 
vehicle 
or 
a 
hazardous 
material 
response vehicle may include one blue light mounted at 
the rear of the vehicle so that the light is visible to 
approaching traffic. 
(3) 
The taillight of 
a 
vehicle, 
or replica of 
a 
vehicle, 
manufactured prior 
to 
1952 
and 
registered 
under section 457, may contain a blue or purple insert 
of not more than one inch in diameter. 
Sec. C-9. 29-A MRSA §20S4, sub-§2, V, as amended by PL 2003, 
c. 78, §2, is further amended to read: 
F. 
Only vehicles listed in this paragraph, 
rural mail 
vehicles as provided in paragraph C, subparagraph (5) and 
school buses may be equipped with, display or use a 
red 
auxiliary or emergency light. 
(1) 
Emergency 
lights 
used 
on 
an 
ambulance, 
an 
emergency medical service vehicle, 
a 
fire department 
vehicle, 
a 
fire 
vehicle 
or 
a 
hazardous 
material 
response vehicle must emit a red light or a combination 
of red and white light 
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ehe-~i~he-is-visi9~e-ee-appFeaehia~-eFa~~ie. 
(2) 
The municipal officers or a 
municipal official 
designated by the municipal officers, with the approval 
of the fire chief, may authorize an active member of a 
municipal 
or 
volunteer 
fire 
department 
to 
use 
a 
flashing red signal light not more than 5 inches in 
diameter on a vehicle. 
The light may be displayed but 
may be used only while the member is en route to or at 
the scene of a fire or other emergency. 
The light must 
be 
mounted 
as 
near 
as 
practicable 
above 
the 
registration plate on the front of the vehicle or on 
the dashboard. 
A light mounted on the dashboard must 
be 
shielded 
so 
that 
the 
emitted 
light 
does 
not 
interfere with the operator's vision. 
(3) 
Members of an emergency medical service licensed 
by Maine Emergency Medical Services may display and use 
Page ll-LROOOl(2) 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .1/" to H.P. 217, L.D. 274 
on a vehicle a flashing red signal light of the same 
proportion, in the same location and under the same 
conditions as those permitted municipal and volunteer 
firefighters, when authorized by the chief official of 
the emergency medical service. 
Sec. C-I0. Effective date. 
Those sections of this Part that 
repeal 
and 
replace 
the 
Maine 
Revised Statutes, 
Title 
29-A, 
section 2054, subsection 2, paragraph D and amend Title 29-A, 
section 2054, subsection 2, paragraph F take effect 90 days after 
adjournment of the First Regular Session of the 121st Legislature. 
Sec. C-ll. 30-A MRSA §371-B, sub-§4, as repealed and replaced 
by PL 1997, c. 562, Pt. D, §6 and affected by §11, is amended to 
read: 
4. 
Ezception. 
Any 
person 
who 
is serving eF--wae--aas 
pFeviea&~Y-6e~vee in the office of sheriff on ~ae-effee~ive-ea~e 
ef-~ais-6ee~iea June 26, 1997 or who served prior to that date is 
deemed to meet the minimum qualifications of subsection 3. 
Sec. C-12. 36 MRSA §1811, last 1[, as amended by PL 1999, c. 
401, Pt. X, §3 and affected by §5 and amended by c. 414, §23, is 
repealed and the following enacted in its place: 
Rental or lease of an automobile for one year or more must 
be taxed at the time of the lease or rental transaction at 5~ of 
the following: 
the total monthly lease payment multiplied by the 
number of payments in the lease or rental, the amount of equit,y 
involved in any trade-in and t,he value of any cash down payment,. 
Collect,ion and remit,t,ance of t,he t,ax is t,he responsibilit,y of t,he 
person that negot,iat,es the lease transaction wit,h t,he lessee. 
Sec. C-13. Retroactivity. 
That 
section of this 
repeals 
and 
replaces 
the 
Maine 
Revised Statutes, 
section 1811, last paragraph applies retroactively 
2000. 
Part that 
Title 
36, 
to July 1, 
Sec. C-14. 37-B MRSA §781, as amended by PL 2001, c. 614, §13 
and c. 662, §82, is repealed and the following enacted in its 
place: 
§78l. M1Inicipal. count;y and regional agencies 
1. 
MuniciPal 
or 
interjurisdictional 
agencies. 
Each 
municipality of t,he 
St,at,e must be served by 
a 
municipal or 
interjurisdict,ional agency responsible for emergency management,. 
2. 
Count;y 
or 
regional 
agencies. 
Each 
count,y 
shall 
maint,ain a count,y emergency management, agency or creat,e regional 
COMMITTEE AMENDMENT 
'~.t.. :, .. >" 
COMMITTEE AMENDMENT "A" to H.P. 217, L.D. 274 
emergency management agencies that serve the member counties. 
Each county or regional agency is responsible for coordination of 
the activities of municipal 
and interjurisdictional emergency 
management agencies within the region or county and for emergency 
management 
in 
the 
unorganized 
territories 
within 
its 
jurisdiction. 
A county or regional emergency management agency 
must 
recei ve 
support 
from 
the 
municipalities 
within 
its 
jurisdiction. 
3. 
Structure of county and regional agencies. 
The director 
shall advise qpon the organizational structure of county and 
regional emergency management agencies. inclUding the manner in 
which the directors of those agencies are appointed by governing 
bodies of the jurisdictions involved. 
4. 
List of agencies. 
The agency shall publish and maintain 
a 
current list of municipal. 
interjurisdictiona1. 
county and 
regional emergency management agencies established pursuant to 
this section. 
Sec. C-15. 37-B MRSA §822, as amended by PL 2001, c. 614, §20 
and c. 662, §88, is repealed and the following enacted in its 
place: 
§822. IDmunity 
Neither the State nor any of its agencies or political 
subdivisions nor a person called out pursuant to section 784-A. 
including a voluntary and uncompensated grantor of a permit for 
the use of the grantor' s 
premises as an emergency management 
shelter. 
may. 
while 
engaged 
in 
any 
emergency 
management 
activities and while complying with or attempting to comply with 
this chapter or any rule adopted pursuant to this chapter. be 
liable for the death of or injury to any person. or damage to 
property. as a result of those activities. 
This section does not 
affect the right of any person to receive benefits to which that 
person would otherwise be entitled under this chapter. under the 
Maine Workers' Compensation Act of 1992. under any pension law or 
under any act of Congress. 
Sec. C-16. P&SL 2001, c. 62, §2 is amended to read: 
Sec. 2. 
Territory. 
The 
territory affected 
by 
this 
Act, 
referred to in this Act as the "territory," is as follows: 
A certain lot or parcel of land situated in the Town of 
Falmouth, County of Cumberland, and State of Maine bounded 
and described as follows: 
Beginning at a granite monument on the southerly bank of the 
COMMITTEE AMENDMENT 
"~':..,--. 
COMMITTEE AMENDMENT ·A" to H.P. 217, L.D. 274 
Presumpscot River which monument marks the Falmouth-Portland 
Town line; 
Thence south 31 degrees, 28 
~eet minutes, 15 
~Reae6 seconds 
west along said Falmouth-Portland Town line, 1,409.32 feet 
to a granite monument; 
Thence north 58 degrees, 27 
~eet minutes, 10 
~Reae6 seconds 
west along said Falmouth-Portland Town line, 1,047.77 feet 
to a granite monument; 
Thence north 30 degrees, 42 
~eet minutes, 40 
~Reae6 seconds 
east along said Falmouth-Portland Town line, 290.49 feet to 
a granite monument; 
Thence north 59 degrees, 9 
~eet minutes, 11 
~Reae6 seconds 
west along said Falmouth-Portland Town line, 482.24 feet to 
a granite monument and the Maine Turnpike spur; 
Thence north 64 degrees, 31 
~eet minutes, 49 
~Reae6 seconds 
east 
along 
said 
Turnpike 
Spur, 
1,690.60 
feet 
to 
the 
Presumpscot River; 
Thence southeasterly along said Presumpscot River 700 feet 
more or less to the point of beginning. 
The territory described above includes all of the land, 
buildings, intertidal land, 
submerged land, freshwater or 
saltwater ponds and river beds, generally referred to as the 
Adams/Wolfe property, containing 37.73 acres, more or less. 
Sec. C-17. Retroactivity. 
That section of this 
amends 
Private and Special 
Law 
2001, 
chapter 
62, 
applies retroactively to April 2, 2002. 
PARTD 
Part that 
section 2 
Sec. D-l. 5 MRSA §17SSl-A, sub-§2, as amended by PL 2001, c. 
559, Pt. RR, §6 and affected by §17 and amended by c. 646, §§3 
and 4, is repealed and the following enacted in its place: 
2. 
Qnalification for benefits. 
A member employed in any 
one or a combination of the capacities specified in subsection 1 
after June 30. 1998 and before September 1. 2002 for employees 
identified in subsection 1. paragraphs A and B: after June 30. 
1998 for employees identified in subsection 1. paragraphs C to H: 
after December 31. 1999 for employees identified in subsection 1. 
paragraphs I to K: after June 30. 2002 for employees identified 
in subsection 1. paragraph Wi 
and any employee identified in 
COMMITTEE AMENDMENT 
--
.' 
.. ;-
~. 
-
,,\'l.-' 
COMMITTEE AMENDMENT "A" to H.P. 217, L.D. 274 
subsection 1. paragraph L. qualifies for a service retirement 
benefit if that member either: 
A. 
Is at least 55 years of age and has completed at least 
years of creditable service under the 1998 Special Plan 
in anyone or a combination of the capacities; or 
B. 
Has completed at least 25 years of creditable service in 
anyone or a 
combination of the capacities specified in 
subsection 1, whether or not the creditable service included 
in determining that the 25-year requirement has been met was 
earned 
under 
the 
1998 
Special 
Plan 
or 
prior 
to 
its 
establishment. 
Sec. D-2. 5 MRSA §17851-A, sub-§3, 1fA, as amended by PL 2001, 
c. 559, Pt. RR, §7 and .affected by §17 and amended by c. 646, §§5 
and 6, is repealed and the following enacted in its place: 
A. 
For the purpose of meeting the qualification requirement 
of subsection 2. paragraph A: 
(1) 
Service 
credit 
purchased 
by 
repayment 
of 
an 
earlier refund of accumulated contributions following 
termination of service is included only to the extent 
that time to which the refund relates was served after 
June 
30, 
1998 
and 
before 
September 
I. 
2002 
for 
employees identified in subsection I. paragraphs A and 
B: 
after June 30, 
1998 for employees identified in 
subsection 1. paragraphs C to H; after December 31. 
1999 
for 
employees 
identified 
in 
subsection 
1. 
paragraphs 
I 
to 
K; 
and 
after 
June 
30, 
2002 
for 
employees identified in subsection 1. paragraph M. 
in 
anyone or a combination of the capacities specified in 
subsection 1. 
Service credit may be purchased for 
service by an 
employee identified in subsection 1, 
paragraph L regardless of when performed: and 
(2) 
Service credit purchased other than as provided 
under subparagraph ( 1), including but not limited to 
service credit for military service. is not included. 
Sec. D-3. 5 MRSA §17851-A, sub-§4, 1fA, as amended by PL 2001, 
c. 559, Pt. RR, §8 and affected by §17 and amended by c. 646, §§7 
and 8, is repealed and the following enacted in its place: 
A. 
If all of the member's creditable service in anyone or 
a combination of the capacities specified in subsection 1 
was earned after June 30. 1998 and before September I. 2002 
COMMIITEE AMENDMENT 
COMMITTEE AMENDMENT "~,, to H.P. 217, L.D. 274 
c. 
and 
for employees identified in subsection 1. paragraphs A and 
B: 
after 
June 
30. 
1998 
for 
employees 
identified 
in 
subsection I. paragraphs C to H: after December 31. 1999 for 
employees identified in subsection 1. paragraphs I 
to K: 
after 
December 
31. 
2001 
for 
employees 
identified 
in 
subsection I. paragraph L: 
and after June 30. 
2002 
for 
employees 
identified in 
subsection 
I. 
paragraph 
M: 
if 
service credit was purchased by repayment of an earlier 
refund of accumulated contributions for service in anyone 
or a combination of the capacities specified in subsection 1 
after June 
30. 
1998 
and before 
September I. 
2002 
for 
employees identified in subsection 1. paragraphs A and B: 
after June 30. 1998 for employees' identified in subsection 
I. paragraphs C to H: after December 31. 1999 for employees 
identified in 
subsection I. 
paragraphs 
I 
to 
Kj 
after 
December 31. 2001 for employee§ identified in subsection 1. 
paragraph 
Lj 
and 
after 
June 
30. 
2002 
for 
employees 
identified in §ub§ection I. 
paragraph Mj 
or if §ervice 
credit was purchased by other than the repayment of an 
earlier refund and eligibility to make the purchase of the 
service credit. 
including. 
but not 
limited to. 
service 
credit for military service. was achieved after June 30. 
1998 and before September 1. 2002 for employees identified 
in subsection I. paragraphs A and Bj after June 30. 1998 for 
employees identified in §ubsection 1. paragraph§ C to Hj 
after 
December 
31. 
1999 
for 
employee§ 
identified 
in 
subsection I. paragrephs I to Kj after December 31. 2001 for 
employee§ identified in subsection I. paragraph Lj and after 
June 30. 
2002 for 
employees identified in subsection 1, 
paragraph M. 
the benefit must be computed as provided in 
section 17852. subsection I. paragraph A. 
(l) 
If the member had 10 years of creditable service 
on July I. 
1993, 
the benefit under 
subsection 2. 
paragraph B mu§t be reduced as provided in section 
17852. subsection 3, paragraphs A and B. 
( 2) 
If 
the 
member 
had 
fewer 
than 
years 
of 
creditable §ervice on July 1. 1993. the benefit under 
subsection 2. paragraph B mu§t be reduced by 6" for 
each year that the member' sage precede§ 55 year§ of 
Sec. D-4. 5 MRSA §17851-A, sub-§4, 1[B, as amended by PL 2001, 
559, Pt. RR, §8 and affected by §17 and amended by c. 646, §§9 
10, is repealed and the following enacted in its place: 
B. 
Except a§ provided in paragraphs D and E, if some part 
of 
the 
member's 
creditable 
service 
in anyone 
or 
a 
COMMITTEE AMENDMENT 
~;,. ' 
COMMITTEE AMENDMENT 
to H.P. 217, L.D. 274 
combination of the capacities specified in subsection 1 was 
earned before July I. 
1998 
for 
employees identified in 
subsection I. paragraphs A to H: before January I. 2000 for 
employees identified in subsection 1. paragraphs I 
to K: 
before 
January 
1. 
2002 
for 
employees 
identified 
in 
subsection I. paragraph L: 
and before July I. 
2002 
for 
employees identified in subsection 1. paragraph M and some 
part of the member's creditable service in anyone or a 
combination of the capacities specified in subsection 1 was 
earned after June 30. 1998 and before September I. 2002 for 
employees identif ied in subsection 1. paragraphs A and B: 
after June 30. 1998 for employees identified in subsection 
I. paragraphs C to H: after December 31, 1999 for employees 
identified in 
subsection I. 
paragraphs 
I 
to 
K: 
after 
December 31, 2001 for employees identified in subsection I. 
paragraph 
L; 
and 
after 
June 
30,· 
2002 
for 
employees 
identified in subsection 1, paragraph M, then the member's 
service retirement benefit must be computed in segments and 
the amOunt of the member's service retirement benefit is the 
sum of the segments. 
The 
segments must be computed as 
follows: 
(1) 
The segment or. if the member served in more than 
one of the capacities specified in subsection 1 and the 
benefits 
related 
to 
the 
capacities 
are 
not 
interchangeable 
under 
section 
17856, 
segments 
that 
reflect creditable service earned before July 1. 1998 
for employees identified in subsection 1, paragraphs A 
to H; before January 1. 2000 for employees identified 
in subsection 1. paragraphs I to K; before January 1. 
2002 
for 
employees 
identified 
in 
subsection 
1. 
paragraph L: 
and before July I. 
2002 for employees 
·identified in subsection 1, paragraph M or purchased by 
repayment 
of 
an 
earlier 
refund 
of 
aCCumulated 
contributions for service before July 1, 
1998, 
for 
employees identified in subsection 1. paragraphs A to 
Hi before January 1. 2000 for employees identified in 
subsection I. paragraphs I to K; before January I. 2002 
for employees identified in subsection 1, paragraph L: 
and before July 1. 
2002 for employees identified in 
subsection 1. paragraph M in a capacity or capacities 
specified in subsection 1 or purchased by other than 
the repayment of a refund and eligibility to make the 
purchase of the service credit. 
including. but not 
limited to, service credit for military service. was 
achieved before July 1. 1998 for employees identified 
in subsection 1. paragraphs A to H: before January 1. 
2000 
for 
employees 
identified 
in 
subsection 
1, 
paragraphs I to K: before January 1, 2002 for employees 
identified in subsection It paragraph L: 
and before 
COMMITTEE AMENDMENT 
~~~. -
COMMITTEE AMENDMENT ·11" to H.P. 217, L.D. 274 
July 1, 2002 for employees identified in subsection 1, 
paragraph M, 
must be 
computed under section 17852, 
subsection 1, paragraph A. 
If the member is qualified 
under subsection 2, paragraph Band: 
Ca) 
Had 10 years of creditable service on July 1, 
1993, the amount of the segment or segments must 
be 
reduced 
as 
provided 
in 
section 
17852, 
subsection 3, paragraphs A and B; or 
Cb) 
Had fewer than 10 years of creditable service 
on July 1. 1993, the amount of the segment or 
segments must be reduced as provided in section 
17852. subsection 3-Ai and 
(2) 
The 
segment 
that 
reflects 
creditable 
service 
.earned after June 30, 1998 and before September 1, 2002 
for employees identified in subsection 1, paragraphs A 
and B: after June 30, 1998 for employees identified in 
subsection 1, paragraphs C to H: after December 31, 
1999 
for 
employees 
identified 
in 
subsection 
1, 
paragraphs 
I 
to 
K: 
after 
December 
31, 
2001 
for 
employees identified in subsection 1, paragraph L: and 
after 
June 
30. 
2002 
for 
employees 
identified 
in 
subsection 1, paragraph M or purchased by repayment of 
an earlier 
refund of 
accumulated contributions 
for 
service after June 30, 
1998 and before September 1. 
2002 
for 
employees 
identified 
in 
subsection 
1, 
paragraphs A and B: after June 30, 1998 for employees 
identified in subsection 1, paragraphs C to H: after 
December 
31. 
1999 
for 
employees 
identified 
in 
subsection 1, paragraphs I 
to Ki after December 31, 
2001 
for 
employees 
identified 
in 
subsection 
1, 
paragraph L: 
and after June 
30, 
2002 for employees 
identified in subsection 1, paragraph M in anyone or a 
combination of the capacities specified in subsection 
I. or purchased by other than the repayment of a refund 
and eligibility to make the purchase of the service 
credit. including, but not limited to. service credit 
for military service. was achieved after June 30, 1998 
and before September 1. 2002 for employees identified 
in subsection L 
paragraphs A and Bi after June 30. 
1998 
for 
employees 
identified 
in 
subsection 
1, 
paragraphs 
C 
to 
H: 
after 
December 
31. 
1999 
for 
employees identified in subsection 1, paragraphs I to 
K: after December 31. 2001 for employees identified in 
subsection 1, paragraph L: and after June 30, 2002 for 
employees identified in subsection 1, paragraph M must 
be 
computed 
under 
section 
17852. 
subsection 
1, 
paragraph 
A. 
If 
the 
member 
is 
qualified 
under 
subsection 2. paragraph Band: 
COMMITTEE AMENDMENT 
A 
~f:o. 
". 
COMMITTEE AMENDMENT ,~" to H.P. 217, L.D. 274 
(a) 
Had 10 years of creditable service on July 1, 
1993, the segment amount must be reduced in the 
manner provided in section 17852, subsection 3, 
paragraphs A and B for each year that the member's 
age precedes 55 years of age: or 
(b) 
Had fewer than 10 years of creditable service 
on July 1, 
1993. 
the 
segment 
amount 
must 
be 
reduced by 6, for each year that the member's age 
precedes 55 years of age. 
Sec. D·S. S MRSA § 178S1·A, sub·§S, as amended by PL 2001, c • 
559, Pt. RR, §9 and affected by §17 and amended by c. 646, §§11 
and 12, is repealed and the following enacted in its place: 
5. 
Contributions. 
Notwithstanding any other provision of 
subchapter 3, after June 30, 1998 and before September 1. 2002 
for emp.loyees identified in subsection 1. paragraphs A and B: 
after June 30. 1998 for employees identified in subsection 1. 
paragraphs 
C 
to 
H: 
after 
December 
31. 
1999 
for 
employees 
identified in subsection 1, paragraphs I to K: after December 31, 
2001 for employees identified in subsection 1. paragraph L; and 
after June 30, 
2002 for employees identified in subsection 1. 
paragraph M, a member in the capacities specified in subsection 1 
must 
contribute 
to 
the 
retirement 
system 
or 
have 
pick-up 
contributions made at the rate of 8.65' of earnable compensation 
until the member has completed 25 years of creditable service as 
provided in this section and at the rate of 7.65' thereafter. 
Sec. D·6. PL 2001, c. 646, §§4, 6, 8, 10 and 12 are repealed. 
Sec. D·7. Retroactivity. 
That 
section of. this 
Part that 
repeals Public Law 2001, chapter 646, sections 4, 6, 8, 10 and 12 
applies retroactively to March 25, 2002. 
Sec. D·8. Existing contingency continues to apply. 
Nothing in 
this Part affects the requirement that the full actuarial cost of 
the total liability for the increased value of all of the service 
rendered between August 31, 1984 and September 1, 2002 for all 
employees to whom Public Law 2001, chapter 559, Part RR applies 
must be paid before that retirement service credit is due to or 
may be given to any employee, as provided in Public Law 2001, 
chapter 559, Part RR. 
PARTE 
COMMITTEE AMENDMENT 
..,.~. 
~~ 
COMMITTEE AMENDMENT "//" to H.P. 217, L.D. 274 
Sec. E-l. 20-A MRSA §12302, sub-§l, as enacted by PL 1999, c. 
401, Pt. NN, §2 and affected by §4 and enacted by c. 496, §2, is 
repealed and the following enacted in its place: 
1. 
Establishment. 
The Maine Dental Education Loan Program. 
referred to in this chapter as "the program." is established. 
The authority shall administer the program. 
Under this program. 
beginning in fiscal year 2000-01. the chief executive officer 
shall award up to 3 loans or loan repayment agreements annually 
up to an aggregate of 12. 
As provided in subsection 3: 
A. 
Loans are available to Maine residents enrolled in a 
dental school: or 
B. 
A loan repayment agreement is available to a person who 
is eligible for licensure as a doctor of dental medicine in 
Maine and who has outstanding dental education loans. 
Sec. E-2. 22 MRSA §3477, sub-§l, 1JA, as amended by PL 2003, c. 
145, §1 and c. 210, §1, is repealed and the following enacted in 
its place: 
A. 
While acting in a professional capacity: 
(1) 
An allopathic or osteopathic physician: 
(2) 
A medical intern; 
(3) 
A medical examiner; 
(4) 
A physician's assistant; 
(5) 
A dentist; 
(6) 
A chiropractor: 
(7) 
A podiatrist; 
(8) 
A registered or licensed practical nurse: 
(9) 
A certified nursing assistant; 
(10) 
A social worker; 
(11) 
A psychologist; 
(12) 
A pharmacist; 
(13) 
A physical therapist: 
COMMITTEE AMENDMENT 
it."'> 
~,~~ 
t;~ '" "" 
COMMITTEE AMENDMENT .f} .. to H.P. 217, L.D. 274 
(14) 
A speech therapist: 
(15) 
An occupational therapist: 
(16) 
A mental health professional: 
(17) 
A law enforcement official: 
(18) 
A coroner: 
(19) 
Emergency room personnel: 
(20) 
An ambulance attendant; . 
(21) 
An emergency medical technician: 
(22) 
Unlicensed assistive personnel: 
(23) 
A human 
agent employed by the Department of 
Agriculture. Food and Rural Resources: and 
(24) 
A clergy member acquiring the information as a 
result 
of 
clerical 
professional 
work 
except 
for 
information received during confidential communications; 
Sec. E-3. 22 MRS A §4011-A, sub-§l, 1JA, as amended by PL 2003, 
c. 145, §2 and c. 210, §3, is repealed and the following enacted 
in its place: 
A. 
When acting in a professional capacity: 
(1) 
An 
allopathic or osteopathic physician. 
resident or 
intern: 
(2) 
An emergency medical services person: 
(3) 
A medical examiner: 
(4) 
A physician's assistant: 
(5) 
A dentist: 
(6) 
A dental hygienist: 
(7) 
A dental assistant: 
(8) 
A Chiropractor: 
(9) 
A podiatrist: 
COMMITTEE AMENDMENT 
~::~~ 
,,\,y,' 
COMMITTEE AMENDMENT .. A 
.. to H.P. 217, L.D. 274 
(10) 
A registered or licensed practical nurse: 
(11) 
A teacher: 
(12) 
A guidance counselor: 
(13) 
A school official: 
(14) 
A children's summer camp administrator or counselor: 
(15) 
A social worker; 
(16) 
A court-appointed special advocate or guardian ad 
litem for the child: 
(17) 
A homemaker; 
(18) 
A home health aide; 
(19) 
A medical or social service worker; 
{20} 
A psychologist; 
(21) 
Child care personnel; 
(22) 
A mental health professional; 
(23) 
A law enforcement official; 
(24) 
A state or municipal fire inspector: 
(25) 
A municipal code enforcement official; 
(26) 
A cOmmercial film and photographic print processor; 
(27) 
A clergy member acquiring the information as a result 
of 
clerical 
professional 
work 
except 
for 
information 
received during confidential communications: 
(28) 
A chair of a professional licensing board that has 
jurisdiction over mandated reporters: and 
( 29) 
A 
human 
agent 
employed 
by 
the 
Department 
of 
Agriculture. Food and Rural Resources; 
Sec. E-4. Effective date. 
Those sections of this Part that 
repeal and replace the Maine Revised Statutes, Title 22, section 
3477, subsection 1, paragraph A and section 4011-A, subsection I. 
paragraph A take effect 90 days after adjournment of the First 
Regular Session of the 121st Legislature. 
COMMITTEE AMENDMENT 
."r, ~ 
..,;: 
COMMITTEE AMENDMENT ·A.. to H. P. 217, L. D. 274 
Sec. E·5. 28·A MRSA §161, sub.§7, as amended by PL 2003, c. 
451, Pt. T, 
§1O and c. 452, Pt. P, §1, is repealed and the 
following enacted in its place: 
7. 
Right of access. 
Every bottle club shall allow law 
enforcement officers to enter the premises at reasonable times 
for the purpose of investigating compliance with this Title. 
A. 
Entry into the premises under this subsection must be 
conducted in a reasonable manner so as not to disrupt the 
operation of the bottle club. 
B. 
The 
investigation must 
be 
limited 
to 
those 
areas 
involved 
in 
the 
actual 
operation 
of 
the 
bottle 
club, 
including storage areas. 
C. 
The following penalties apply to violations of this 
subsection. 
(1) 
A bottle 
club 
that 
violates 
this 
subsection 
commits a ciyil violation for which a fine of not less 
than $100 and not more than $300 may be adjudged. 
(2) 
A bottle club that violates this subsection after 
haying preyiously yiolated this section commits a ciyil 
yiolation for which a fine of not less than $200 and 
not more than $500 may be adjudged. 
( 3) 
A bottle club that violates this subsection after 
having preyiously yiolated this section 2 or more times 
commits a civil violation for which a fine of $500 may 
be adjudged. 
PARTF 
Sec. F·l. 21·A MRSA §1014, sub·§2, as amended by PL 2003, c. 
302, §l, is further amended to read: 
2. 
Rot authorized by candidate. 
If the 
communication 
described in ·subsection 1 is not authorized by a candidate, a 
candidate's authorized political committee or their agents, the 
communication 
must 
clearly and 
conspicuously state that the 
communication is not authorized by any candidate and state the 
name 
and 
address 
of 
the 
person 
who 
made 
or 
financed 
the 
expenditure for the communication. 
If the communication is in 
written form, the communication must contain at the bottom of the 
communication in print that is no smaller in size than 10-point 
COMM/rrEE AMENDMENT 
.;. 
COMMITTEE AMENDMENT /1" to H.P. 217, L.D. 274 
bold print, Times New Roman font, the words 
"NOT PAID FOR 
OR 
AUTHORIZED BY ANY CANDIDATE." 
Sec. F-2. Effective date. 
That section of this Part that amends 
the Maine Revised Statutes, Title 21-A, section 1014, subsection 
takes effect 90 days after adjournment of the First Regular 
Session of the l21st Legislature. 
Sec. F-3. Resolve 2003, c. 70, §3 is repealed.' 
Further amend the bill by relettering 
nonconsecutive 
Part 
letter 
or 
section 
consecutively. 
SUMMARY 
or renumbering any 
number 
to 
read 
Part A, Part B and Part E make technical changes. 
Parts C 
and Part F consists of changes that are or could be interpreted 
as substantive changes. 
Part D consists of technical corrections 
of conflicts in the retirement benefit laws. 
PART A 
This amendment labels the bill Part A. 
Sections 2, 3, 5, 6, 32, 37, 48, 56 and 57 are deleted from 
the bill because the errors are addressed in other bills. 
Sections 7, 8, 50, 51, 63 and 64 are deleted from the bill 
because these sections are not necessary. 
Sections 4, 9, 10. 15, 23, 26, 30, 39 and 47 are deleted 
from the bill and are added in Part B with technical amendments. 
Sections 65, 66 and 67 are deleted from the bill and added in 
Part D with related corrections in the retirement benefits laws. 
PART B 
Section 
corrects 
the 
description 
of 
the 
Northern 
Cumberland District Court division. 
That division consists of 
all of Cumberland County except the municipalities contained in 2 
other divisions, Southern Cumberland and Bath-Brunswick. 
It is 
correct to delete reference to the Eastern Cumberland division, 
but the municipalities from that division were moved into the 
Bath-Brunswick division and they are therefore not to be included 
in the Southern Cumberland division. 
Section 2 replaces Part A, 
original 
section 
corrected 
a 
section 9 of 
cross-reference 
the bill. 
The 
and 
deleted 
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COMMITTEE AMENDMENT ".fl. to H.P. 217, L.D. 274 
reference to a fee for services that are not provided by the 
Attorney General. 
The original section repealed and replaced the 
Maine Revised Statutes, Title 5, section 191, but did so in a way 
that will make future amendment of the section difficult. 
This 
section corrects the cross-reference and removes reference to the 
fee for services that are not provided, but it also restructures 
the section in a more comprehensive way, without changing the 
content. 
Section 3 adds an effective date of July 1, 2003. 
Section 4 corrects a cross-reference. 
Section 5 further corrects Part A, section 23 of the bill by 
providing the correct name for Maine Native American studies. 
Section 6 strikes reference to assisted living programs and 
services since those ~erms are now included in the definition of 
"assisted. housing." 
Section 7 corrects a conflict in the medical examiner law 
when 2 bills amended the same subsection without reference to 
each other. 
Public Law 2001, chapter 291 amended the law to 
allow expressly authorized persons to conduct investigations for 
the Chief Medical Examiner. 
Public Law 2001, chapter 345 amended 
the laws concerning the mandated reporting to .protect children 
and incapacitated or dependent adults. 
Chapter 345 updated a 
cross-reference 
in the 
medical 
examiner 
laws. 
This 
section 
repeals and replaces Title 22, section 3028, subsection 7 and 
reenacts it with language incorporating both chapters. 
Section 8 clarifies that the cross-reference to allotments 
is to a section of federal law. 
Section 9, in addition to the cross-reference 
made 
in 
the bill, 
also 
changes 
a 
reference 
to 
recommendation made by the MCJUSTICE Policy Board. 
corrections 
reflect 
a 
Section 10 makes changes to reflect changes made by Public 
Law 2003, chapter 204, Part H, section 1. 
PART C 
Sections 1 and 2 correct an error in the Uniform Commercial 
Code in which a paragraph was printed as a separate subsection. 
Section 3 removes the requirement that the 15 gubernatorial 
appointments to the newly established Commercial Fishing Safety 
Council be confirmed by the Legislature. 
Sections 4 
and 
correct the law regarding the crime of 
theft by unauthorized use. 
Committing any crime of theft when 
COMMITTEE AMENDMENT 
.~. 
COMMITTEE AMENDMENT "1+,, to H.P. 217, L.D. 274 
the person has 2 or more prior convictions raises the class of 
the crime to Class C. 
This higher classification because of 
prior convictions was inadvertently omitted from Public Law 2001, 
chapter 383. 
Section 6 removes an extraneous word to clarify the intent 
of the section of law. 
Section 7 updates the statutes concerning the legislative 
jurisdiction over the Maine Criminal Justice Academy. 
It directs 
the Board of Trustees of the Maine Criminal Justice Academy to 
report annually on law enforcement training to the joint standing 
committee of the Legislature having jurisdiction over criminal 
justice and public safety matters, 
instead of the committee 
having 
jurisdiction 
over 
legal 
affairs. 
This 
change 
is 
consistent 
with 
the 
amendment 
of 
the 
committee 
oversight 
jurisdiction pursuant to the Joint Rules of the 117th Legislature 
and every Legislature since then. 
Sections 8, 
and 10 clarify that only an ambulance, 
an 
emergency medical services vehicle, a fire department vehicle, a 
fire vehicle and a hazardous material response vehicle may be 
equipped with and display a blue light. 
These sections take 
effect at the same time that the underlying Act, Public Law 2003, 
chapter 78, takes effect. 
Section 11 supplies the appropriate calendar date for 
a 
reference to the effective date of a provision of law. 
Public 
Law 1997, chapter 37, section 1 and chapter 87, section 1 enacted 
the same section of law with different provisions. 
The effective 
date of Public Law 1997, chapter 37, dealing with qualifications 
for sheriffs, had. an effective date of June 26, 
1997. 
The 
conflicting sections were repealed and replaced by Public Law 
1997, chapter 562, which combined both versions into a new Title 
30-A, section 371-B. 
The effective date for Public Law 1997, 
chapter 562 was September 19, 1997. 
This section specifies that, 
for minimum qualification purposes, the effective date of that 
subsection is June 26, 1997, the original effective date. 
Section 12 resolves a conflict created by Public Law 1999, 
chapters 401 and 414, which both amended the same provision of 
law. 
Public Law 1999, chapter 401 provided a 
5~ tax rate for the 
rental or lease of an automobile and had an effective date of 
July 1, 2000. 
Public law 1999, chapter 414 provided a 5 1/2~ tax 
rate for the rental or lease of an automobile. 
This section 
resolves the conflict by repealing the provision of 
law and 
replacing it with the Public Law 1999, 
chapter 401 version. 
Section 13 makes that provision retroactive to July 1, 2000. 
Section 14 corrects a conflict that was created by Public 
COMMITTEE AMENDMENT 
~'"; 
.. 
COMMITTEE AMENDMENT "/+" to H.P. 217, L.D. 274 
Law 2001, chapter 614, section 13 and chapter 662, section 82, 
which both amended the same 
prov~s~on of law. 
Chapter 614, 
section 13 changed the term "civil emergency preparedness" to 
"emergency management." 
Chapter 662, section 82 made substantive 
changes in addition to the term change. 
This section corrects 
the conflict by repealing the provision of law and replacing it 
with the chapter 662, section 82 version. 
Section 15 corrects a conflict created by Public Law 2001, 
chapter 614, section 20 and chapter 662, section 88, which both 
amended the same provision of law, by repealing and replacing it 
with the Public Law 2001, chapter 614, section 20 version. 
Section 16 corrects references in the legal description of 
land annexed to Portland from Falmouth. 
The bearings adopted by 
the Legislature describing the directions of the new town lines 
are expressed in the form of degrees, feet and inches. 
This is 
incorrect as bearings are measured in the 
form 
of degrees, 
minutes and seconds. 
This section restates the bearings in the 
form of degrees, minutes and seconds. 
Section 17 applies' those 
changes retroactively to April 2, 2002, which is the effective 
date of the annexation legislation. 
PART D 
Section 1 to 5 correct conflicts created by Public Law 2001, 
chapter 559, Part RR and Public Law 2001, chapter 646. 
Section 6 repeals Public Law 2001, chapter 646, sections 4, 
6, 8, 10 and 12. 
Section 7 makes the repeal retroactive to March 
25, 2002. 
Public Law 2001, chapter 559, Part RR increased retirement 
benefits for Inland Fisheries and Wildlife wardens and Department 
of Marine Resources marine patrol officers serving between August 
31, 
1984 
and 
September 
1, 
2002, 
but 
those 
increases 
were 
contingent on the accumulation of funding in the Warden Benefit 
Reserve Account to cover the additional costs. 
Section 8 ensures 
that the funding contingency remains' in effect when the sections 
of statutes that provide those benefits are repealed and replaced 
in this 
amendment 
for 
the 
purpose 
of 
correcting 
statutory 
conflicts. 
PART E 
Section 1 corrects a conflict in the Maine Dental Education 
Loan Program created when 2 Public Law 1999 chapters enacted the 
same subsection with almost identical language. 
This section 
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COMMITTEE AMENDMENT ·k to H.P. 217, L.D. 274 
repeals the subsection as enacted by both laws and reenacts the 
subsection incorporating the language from both. 
Sections 
and 3 correct conflicts created when 
laws 
enacted this year amended the mandated reporting requirements 
under the adult protective and child protective laws. 
Section 4 
makes the sections take effect 90 days after adjournment of the 
Section 5 corrects a conflict between L.D. 1614, Public Law 
2003, 
chapter 
and 
L.D. 
1567, 
Public 
Law 
2003, 
c. 
452. 
Chapter 451 eliminated a reference to liquor enforcement officers 
in the first paragraph, and chapter 452 added paragraph C. 
This 
section repeals 
Title 
28-A, 
section 
161, 
subsection 
and 
reenacts it incorporating the changes made by both chapters. 
PART F 
Section 
amends 
the 
new 
law 
concerning 
the 
required 
disclaimer 
on political 
communications 
not 
authorized 
by 
a 
candidate. 
This section provides that the disclaimer must be in 
point no smaller in size than 10-point bold, Times New Roman 
fond, rather than requiring that the disclaimer be in 10-point 
bold print, Times New Roman font. 
Section 2 makes that change 
effective at the same time that the underlying law takes effect. 
Section 3 repeals a General Fund appropriation section that 
was erroneously retained in a committee amendment when the intent 
of a floor amendment was to strike that section. 
COMMITTEE AMENDMENT