An Act To Correct Errors and Inconsistencies in the Laws of Maine
Maine Legislature, Session 122, LD 1622
Committee: Judiciary
Amends: 2 MRSA §6, 5 MRSA §1589, 5 MRSA §1660-D, 5 MRSA §19131, 7 MRSA §1809, 12 MRSA §10206, 12 MRSA §10853, 12 MRSA §10902, 12 MRSA §12506, 12 MRSA §13058, 12 MRSA §13068, 12 MRSA §13152, 12 MRSA §13154-A, 12 MRSA §13157, 12 MRSA §13157-A, 14 MRSA §1256, 17 MRSA §2802, 18-A MRSA §5, 19-A MRSA §4013, 20-A MRSA §5152, 20-A MRSA §11435, 20-A MRSA §12302, 22 MRSA §6-A, 22 MRSA §6-C, 22 MRSA §3174-R, 22 MRSA §3472, 22 MRSA §3741-M, 22 MRSA §3769-D, 22 MRSA §3762, 22 MRSA §4058, 22 MRSA §7924, 22 MRSA §7933, 22 MRSA §8104, 25 MRSA §2803-B, 25 MRSA §3701, 25 MRSA §3702-C, 30-A MRSA §401, 30-A MRSA §3821, 30-A MRSA §4314, 30-A MRSA §4349-A, 31 MRSA §526, 31 MRSA §751, 31 MRSA §871, 32 MRSA §94, 34-A MRSA §11203, 34-B MRSA §1201-A, 34-B MRSA §1205, 34-B MRSA §1207, 36 MRSA §2903-D, 36 MRSA §6652, 38 MRSA §480-U, 14 MRSA §3142

Legislative Document 
No. 1622 
H.P.1145 
House of Representatives, May 3, 2005 
An Act To Correct Errors and Inconsistencies in the Laws of Maine 
(EMERGENCY) 
Reported by Representative PELLETIER-SIMPSON of Auburn for the Revisor of Statutes 
pursuant to the Maine Revised Statutes, Title 1, section 94. 
Reference to the Committee on Judiciary suggested and ordered printed under Joint Rule 
. 
Printed on recycled paper 
/J'l~ 1I1·17IQ£~ 
MILLICENT M. MacFARLAND 
Clerk 
Emergency preamble. Whereas, acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, 
acts 
of 
this 
and 
previous 
Legislatures 
have 
resul ted in certain technical errors and inconsistencies in the 
laws of Maine; and 
Whereas, 
these 
errors 
uncertainties and confusion in 
and 
and 
inconsistencies 
interpreting legislative 
create 
intent; 
Whereas, it is vitally necessary that these uncertainties 
and this confusion be resolved in order to prevent any injustice 
or hardship to the citizens of Maine; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 2 MRSA §6, sub-§I, as amended by PL 2003, c. 608, §1 
and c. 689, Pt. C, §1, is repealed and the following enacted in 
its place: 
1. 
Range 91. 
The salaries of the following state officials 
and employees are within salary range 91: 
Commissioner of Transportation: 
Commissioner of Conservation: 
Commissioner of Administrative and Financial Services: 
Commissioner of Education: 
Commissioner of Environmental Protection: 
Executive Director of Dirigo Health: 
Commissioner of Public Safety: 
Commissioner of Professional and Financial Regulation: 
Commissioner of Labor; 
Commissioner of Agriculture, Food and Rural Resources; 
• 
Commissioner of Inland Fisheries and Wildlife: 
Commissioner of Marine Resources: 
Commissioner of Corrections: 
Commissioner of Economic and Community Deyelopment: 
Commissioner of Defense. Veterans and Emergency Management: 
.and 
Executive Director. Workers' Compensation Board. 
Sec. 2. 2 MRSA §6, sub-§3, as amended by PL 2005, c. 12, Pt. 
SS, §2, is further 
amended to read: 
3. 
Range 
89. 
The 
salaries 
of 
the 
following 
state 
officials and employees are within salary range 89: 
Director, Bureau of General Services; 
Director, 
Bureau 
of 
Operations; 
State Budget Officer; 
State Controller; 
Alcoholic 
Director of the Bureau of Forestry; 
Chief of the State Police; 
Director, State Planning Office; 
Director, Energy Resources Office; 
Director of Human Resources; 
Beverages 
Director, Bureau of Children with Special Needs; 
Director, Bureau of Parks and Lands; and 
Director of Econometric Research. 
and 
Lottery 
Sec. 3. 5 MRSA § 1589, sub-§3, as amended by PL 1995, c. 368, 
Pt. HH, §3 and c. 464, §10, is repealed and the following enacted 
in its place: 
3. 
Total 
quality 
management 
initiatives. 
Amounts 
appropriated or allocated to each departmentwide and statewide 
account in accordance with subsection 2 must be used for the 
payment of nonrecurring expenditures representing total guality 
management initiatives in the same department or agency or on a 
statewide basis, respectively. 
Sec. 4. 5 MRSA §1589, sub-§3-A, as repealed by PL 1995, c. 
368, Pt. HH, §4 and amended by c. 464, §11, is repealed. 
Sec. 5. 5 MRSA §1589, sub-§3-C, as repealed by PL 1995, c. 
368, Pt. HH, §4 and amended by c. 464, §12, is repealed. 
Sec. 6. 5 MRSA §1660-D, sub-§3, as corrected by RR 1995, c. 2, 
§5 and amended by PL 2001, c. 354, §3, is further amended to read: 
3. 
Commissioner. 
"Commissioner" means the Commissioner of 
Health and Human Services aaQ-~£e-~~~-~-s&ha~~~a~-aaQ 
i;leve,lepRlefl-t.-a.,l--S&I''Y'ioees, 
who 
saa*e--j-G-ioat; hM responsibility for 
the administration of this chapter. 
Sec. 7. 5 MRSA §19131, sub-§2, 1[C, as enacted by PL 1999, c. 
785, §3, is amended to read: 
C. 
The Commissioner of Health and Human Services; 
Sec. 8. 5 MRSA §19131, sub-§2, 1[D, as amended by PL 2003, c. 
576, §1, is repealed. 
Sec. 9. 7 MRSA §1809, sub-§l, as repealed and replaced by PL 
2001, c. 572, §38, is amended to read: 
1. Permit required. 
The commissioner may require a person 
who imports animals into the State to obtain a permit before the 
time of entry. 
When a permit is required, the permit or permit 
number must accompany the shipment. 
The commissioner may refuse 
to grant a permit or may issue one subject to quarantine at 
destination if the animals do not meet importation requirements 
or do not comply with the inland fisheries and wildlife laws and 
rules 
adopted 
by 
the 
Commissioner 
of 
Inland 
Fisheries 
and 
Wildlife under Title 12, chapter 1G1 915, subchapter '+ 15. 
The 
commissioner may require the owner to have those animals tested 
or 
examined by 
a 
veterinarian at the 
owner's 
expense. 
The 
commissioner may release those animals from quarantine only after 
the commissioner is satisfied that they are not a disease threat 
to other animals or humans. 
. Page 3-LR0001(1) 
• 
-
.. 
-
When 
an animal is brought into the State without a 
required 
permit, the commissioner or the Commissioner of Inland Fisheries 
and Wildlife may 
condemn the animal 
and order it euthanized 
without indemnity. 
Sec. 10. 7 MRS A §2954, sub-§2, 1[B, as amended by PL 1995, c. 
2, §2, is further amended to read: 
B. 
The minimum wholesale prices paid to dealers must be 
established to reflect the 
lowest prices at which milk 
purchased from producers in this State at minimum prices in 
the 
State 
can 
be 
received, 
processed, 
packaged 
and 
distributed within 
the 
State at 
a 
just 
and 
reasonable 
returnT-~-~-aQQi~i&a-~~~-~~~-~B&-ameQR~-~-~-taH 
eeteFffi~Ree-By-±~t~e-69T-ea~pteF-119. 
Sec. 11. 7 MRS A §2954, sub-§13, as amended by PL 1995, c. 2, 
§3, is repealed. 
Sec. 12. 12 MRSA §10206, sub-§I, 1[B, as affected by PL 2003, 
c. 614, §9; amended by c. 655, Pt. B, §47 and affected by §422; 
and repealed by c. 695, Pt. B, §3 and affected by Pt. C, §1, is 
repealed. 
Sec. 13. 12 MRSA §10853, sub-§7, 1[A, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by c. 614, §9, is amended to read: 
A. 
Residents or groups of residents at any state mental 
health institution under the control of the Department of 
§eaav~eFa~-aRe-geve~epffieRta~ Health and Human Services; 
Sec. 14. 12 MRSA §10902, sub-§9, as corrected by RR 2003, c. 
2, §19, is amended to read: 
9. 
Suspension for certain ATV violations; traininq. 
The 
commissioner shall suspend all licenses and permits issued by the 
department pursuant to this Part and may suspend any registration 
issued pursuant to subpart 6 of this Part to any person convicted 
or adjudicated of: 
A. 
Operating 
an 
ATV 
on 
a 
temporarily 
closed trail 
as 
prohibited under section 1619+ 13157-A, subsection 9-A 24; 
B. 
Abuse of another person I s property as prohibited under 
section 1619+ 13157-A, subsection 22; 
C. Operating an ATV under the influence under 21 years of 
age, 
as prohibited under section 10701, 
subsection I-A, 
paragraph D, subparagraph (3); 
D. Operating an ATV to endanger, as prohibited under section 
±6±e+ 13157-A, subsection 11; 
E. Reckless operation of an ATV, as prohibited under section 
1619+ 13157-A, subsection 10; 
F. 
Operating 
an 
ATV 
on 
permission, 
as 
prohibited 
subsection 1-A ~; or 
the 
land 
of 
another 
under 
section 
1~191 
without 
13157 -A, 
G. 
Failure or refusal to stop an ATV or attempting to elude 
an officer, as prohibited under section 10651, subsection 1, 
paragraphs D and E. 
The 
commissioner 
shall 
reinstate 
licenses, 
permits 
and 
registrations 
that 
have 
been 
suspended 
pursuant 
to 
this 
subsection 
only if 
the 
person 
satisfactorily 
completes, 
in 
accordance with procedures established by the commissioner by 
rule, a training program approved by the department relating to 
safety and ethics in the operation of ATVs. 
The costs of this 
training 
program 
are 
borne 
by 
the 
person 
undertaking 
the 
training. 
The 
commissioner 
shall 
establish 
by 
rule 
the 
procedures for completion of mandatory training pursuant to this 
subsection. 
A person who 
satisfactorily completes 
a 
training 
program approved by the department pursuant to this subsection is 
deemed to have satisfied the outdoor ethics training course 
requirements 
established under 
section 10903. 
Rules 
adopted 
pursuant 
to this 
subsection are 
routine 
technical 
rules 
as 
defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 15. 12 MRSA §12506, sub-§5, as affected by PL 2003, 
614, §9 and repealed and replaced by c. 655, Pte 
B, 
§253 
affected by §422, is repealed and the following enacted in 
c. 
and 
its 
place: 
5. 
Ezception 
to 
permit 
requirement. 
Notwithstanding 
subsection 1: 
A. 
A person may fish for alewives by use of a dip net or 
single hook 
and line for 
consumption by that person or 
members of that person I s family. provided that the person 
takes or possesses no more than one bushel in any day and 
provided also that the alewives are not taken from 
any 
waters in which a municipality or other person has been 
granted exclusive rights under section 6131; 
C. 
A person may fish for or possess alewives from inland 
waters if that person has been granted fishing rights under 
section 6131; and 
• 
D. 
A )2ersQn mal!: tQke suck~rs for 
y§~ QS QQit fQr fishing in 
inland wQters 
as 
)2rovid~d in sectiQn 
12551-A 
wi!;,bQut 
Q 
)2ermit under subsection 2. 
Sec. 16. 12 MRSA § 12661, sub-§3, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by c. 614, §9, is amended to read: 
3. 
Removal 
of 
abandoned 
ice 
fishing 
shacks. 
Notwithstanding 
the 
provisions 
of 
Title 
33, 
chapter 
41, 
a 
landowner on whose property an ice fishing shack is left in 
violation of Title 17, section 6694 2263-A may remove or destroy 
the shack. 
The landowner may recover any costs of removing or 
destroying the shack from the owner of the shack in a civil 
action. 
Sec. 17. 12 MRSA §13058, sub-§I, as affected by PL 2003, c. 
614, §9 and amended by c. 627, §1 and c. 655, Pt. B, §362 and 
affected by §422, is repealed and the following enacted in its 
place: 
1. 
ProhibitiQn. 
A )2er§Qn 
mQl!: 
not 
)2lQce 
or 
o)2erQte 
Q 
motorboat Qr 
)2er§onQl 
watercrQft on the inlQnd wQter§ of the 
State un1e§§ 
a valid lQke and river )2rotection §ticker i§syed 
Qnnualll!: ynder sYQsectiQn 3 i§ Qffixed to both §ides of the QOw 
QQQve 
the water line 
and 
Q)2)2roximatell!: 
inches 
Qehind the 
validation sticker regyired ynder section 13056. 
Sec. 18. 12 MRSA §13058, sub-§2, as affected by PL 2003, c. 
614, §9i amended by c. 627, §li and repealed and replaced by c. 
655, 
Pt. 
B, 
§363 
and affected by §422, 
is repealed and the 
following enacted in its place: 
2. 
Violation. 
A 
)2er§on 
who 
viQ1ates 
sYQ§ectiQn 
is 
§ybject tQ the )2rQvisiQn§ Qf thi§ §yQsection. 
A. 
A )2ersQn who 
violate§ §uQ§ection 
commit§ 
a 
civil 
violQtiQn fQr which Q fine Qf nQt les§ thQn $100 and nQt 
more 
thQn 
$250 
)2er 
viQlatiQn 
mQl!: 
be 
Qdjydged. 
A fine 
im)2Q§ed under this sYQsectiQn mQl!: not Qe 
§u§)2ended Ql!: the 
CQyrt. 
B. 
A )2er§Qn who viQlates sYQsection 1 after having Qeen 
adjudicated Q§ hQving committed 3 or more civil viQlQtiQns 
under this PQrt within the )2revioy§ 5-l!:ear )2eriod cQmmit§ a 
Class E crime. 
Sec. 19. 12 MRSA §13068, sub-§15, as affected by PL 2003, c. 
614, §9 and repealed and replaced by c. 627, §3 and repealed by 
c. 655, Pt. B, §379 and affected by Pt. B, §422, is repealed. 
Sec. 20. 12 MRSA §13152, sub-§2, as affected by PL 2003, c. 
614, 
§9; 
repealed and replaced by c. 
655, 
Pt. 
B, 
§401 
and 
affected by §422; and repealed and replaced by c. 695, Pt. B, §10 
and affected by Pt. C, §1, is repealed and the following enacted 
in its place: 
2. 
Training. 
A person over 9 years of age and under 16 
years 
of 
age 
must 
successfully 
complete 
a 
training 
program 
approved by the department prior to operating an ATV except on: 
A. 
Land on which that person is domiciled: 
B. 
Land Qwned Qr leased by that persQn's parent Qr guardian; 
C. 
A safety training site approved by the department; or 
D. Land where permissiQn for the use has been granted to the 
person's parent or guardian. 
A person under 16 years of age must attend the training program 
with that persQn's parent or guardian. 
The training program must 
include instruction Qn 
the safe operation of ATVs, 
the laws 
pertaining to ATVs, 
the effect of ATVs 
Qn the environment and 
ways to minimize that effect. courtesy to landowners and other 
recreatiQnists and landowners and other materials as determined 
by the department. 
Sec. 21. 12 MRSA §13154-A, sub-§6, ,B, as enacted by PL 2003, 
c. 655, Pte B, §404 and affected by §422 and enacted by c. 695, 
Pt. B, §12 and affected by Pt. C, §1, is amended to read: 
B. 
Land 
owned 
or 
leased 
by 
the operator's parent 
or 
guardian; 9F 
Sec. 22. 12 MRSA §13154-A, sub-§6, ,C, as enacted by PL 2003, 
c. 655, Pt. B, §404 and affected by §422 and enacted by c. 695, 
Pt. 
B, 
§12 
and affected by Pt. c, 
§1, 
is repealed and the 
fQllowing enacted in its place: 
C. 
A safety training site approved by the department; or 
Sec.23. 12 MRSA §13154-A, sub-§6, ,D is enacted to read: 
D. 
Land where permission fQr use has been granted to the 
operator's parent or guardian. 
Sec. 24. 12 MRSA §13157, as repealed by PL 2003, c. 655, Pt. 
B, §413 and affected by §422 and amended by c. 695, Pt. B, §§15 
to 23 and affected by Pt. C, §1, is repealed. 
.. 
Sec. 25. 12 MRSA §13157-A, sub-§I, as enacted by PL 2003, c. 
655, 
Pt. 
B, 
§414 
and affected by §422, 
is repealed and the 
following enacted in its place: 
1. 
Permission required. 
A person may not operate an ATV on 
the land of another without the permission of the landowner or 
lessee. 
Permission 
is 
presumed 
on 
ATV 
trails 
that 
are 
conspicuously posted or in areas 
open to 
ATVs 
by 
landowner 
policy. 
Written 
permission 
of 
the 
landowner 
or 
lessee 
is 
required on cropland or pastureland or in an orchard. 
As used in 
this subsection, "cropland" means acreage in tillage rotation, 
land being cropped and land in bush fruits, and "pastureland" 
means acreage devoted to the production of forage plants used for 
animal production. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who yiolates this subsection after haying been 
adjudicated of having committed 3 or more ciyil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 26. 12 MRSA §13157-A, sub-§15, 1JA, as enacted by PL 2003, 
c. 655, Pt. B, §4l4 and affected by §422, is repealed and the 
following enacted in its place: 
A. Except as proyided in section 13159, a person may not: 
(1) 
Operate an ATV that is not equipped at all times 
with an effective and suitable muffling device on its 
engine to effectively deaden or muffle the noise of the 
exhaust; 
(2) 
Modify the exhaust system of an ATV in any manner 
that 
will 
increase 
the 
noise 
emitted 
aboye 
the 
following emission standard: 
(a) 
Each ATV must meet noise emission standards 
of 
the 
United 
States 
Environmental 
Protection 
Agency and in no case exceed 96 decibels of sound 
pressure 
when 
measured 
from 
a 
distance 
of 
inches using test procedures established by the 
commissioner; or 
(3) Operate an ATV without a working spark arrester. 
Sec. 27. 12 MRSA §13157-A, sub-§21, ,A, as enacted by PL 2003, 
c. 655, Pt. B, §414 and affected by §422, is repealed and the 
following enacted in its place: 
A. 
A person may not operate an ATV: 
(1) 
On 
a salt marsh, 
intertidal zone, 
marine 
sand 
beach, 
sand 
dune 
or 
any 
cemetery, 
burial place or 
burying ground; or 
( 2) 
When the ground is not frozen and sufficiently 
covered with 
snow to prevent direct 
damage 
to 
the 
vegetation: 
(a) 
On alpine tundra: 
(b) 
On a freshwater marsh or bog, river, brook, 
stream, great pond, nonforested wetland or vernal 
pool: or 
(c) 
In a source water protection area as defined 
in Title 30-A, section 2001, subsection 20-A. 
The provisions of this subparagraph do not apply to a 
trail designated for 
ATV 
use 
by the Department of 
Conservation. 
The provisions of this subparagraph also 
do not apply to a person accessing land for maintenance 
or inspection purposes with the landowner's permission 
or to local, state or federal government personnel in 
the performance of official duties, provided there is 
no significant ground disturbance or sedimentation of 
water bodies. 
Sec. 28. 12 MRSA §13157-A, sub-§22, as enacted by PL 2003, c. 
655, 
Pt. 
B, 
§414 and affected by §422, 
is repealed and the 
following enacted in its place: 
22. 
Abuse of another persoD's property. 
A person may not 
while operating an ATV: 
A. 
Tear down or destroy a fence or wall on another person's 
land; 
B. 
Leave open a gate or bars on another person's land; 
C. 
Trample or destroy crops on another person's land; or 
D. 
Remove or destroy signs or posted notices. 
A person who violates this subsection commits a Class E crime. 
Sec. 29. 12 MRSA §13157-A, sub-§23, as enacted by PL 2003, c. 
655, Pt. B, §414 and affected by §422, is repealed. 
Sec.30. 12 MRSA §13157-A, sub-§§24 and 25 are enacted to read: 
24. 
Unlawful Qperating ATV Qn temporarily closed trail. 
A 
persQn may not operate an ATV on any sectiQn Qf a trail PQsted 
with 
a 
notice of 
temporary closure in accQrdance with this 
subsection. 
The notice must specify the sectiQn Qf trail that is 
clQsed and the periQd Qf the closure and must be cQnspicuQusly 
posted at each end of the closed sectiQn Qf the trail. 
A. 
A person who yiolates this subsection commits a ciyil 
violation for which a fine of not less than $100 nor mQre 
than $500 may be adjudged. 
B. 
A person who yiolates this subsectiQn after haying been 
adjudicated of having cQmmitted 3 or mQre civil yiQlatiQns 
under this Part within the previQus 5-year period cQmmits a 
Class E crime. 
25. 
PrQhibited equipment. 
A person may not operate an ATV 
that is equipped with a snorkel kit or other equipment designed 
to allow the 
ATY 
tQ 
be 
used in deep water except with the 
permission of the owner of the land on which the ATV is Qperated 
or as provided in section 13159. 
A. 
A person who violates this subsection commits a ciyil 
violatiQn for which a fine of nQt less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated of having committed 3 or mQre civil yio1ations 
under this Part within the previous 5 year period cQmmits a 
Class E crime. 
Sec. 31. Retroactivity. 
Those sections of this Act that repeal 
the Maine Revised Statutes, Title 12, section 13157; repeal and 
replace Title 
12, 
section 
13157-A, 
subsection 
1, 
Title 
12, 
section 13157-A, subsection 15, paragraph A, Title 12, section 
13157-A, 
subsection 
21, 
paragraph 
A 
and 
Title 
12, 
section 
13157 -A, 
subsection 
22; 
repeal 
Title 
12, 
section 
13157 -A, 
subsection 23; and enact Title 12, section 13157 -A, subsections 
and 25 apply retroactively to August 31, 2004. 
Sec. 32. 12MRSA§13159, as amended by PL 2003, c. 655, Pte 
B, §417 and affected by §422 and amended by c. 695, Pt. B, §24 
and affected by Pt. c, §l, is repealed and the following enacted 
in its place: 
§13159. Racing meets 
Notwithstanding 
section 
13155 
and 
section 
l3l57-A, 
subsection 15: subsection 16, paragraph A: 
subsection 17; 
and 
subsection 25, ATVs used exclusively for scheduled racing meets 
and operated solely on predefined race courses are exempt from 
the provisions of this chapter concerning registration, mufflers, 
snorkel kits and lights during the time of operation at these 
meets and at all pre race practices at the location of the meets. 
Sec. 33. 14 MRSA §1256, as amended by PL 1979, c. 57, §6, is 
further amended to read: 
§1256. Hev jurors 
If for 
any reason 
a 
grand jury or 
a 
traverse jury is 
dismissed before completing its work, the clerk of courts shall 
proceed to draw and notify new jurors in accordance with section 
l~§§ l255-A. 
Sec. 34. 17 MRSA §2802, as corrected by RR 2003, c. 2, §24, 
is amended to read: 
§2802. Misce11aneous nuisances 
The erection, continuance or use of any building or place 
for the exercise of a trade, employment or manufacture that, by 
noxious 
exhalations, 
offensive 
smells 
or 
other 
annoyances, 
becomes 
injurious 
and 
dangerous 
to 
the 
health, 
comfort 
or 
property of individuals or of the public; causing or permitting 
abandoned wells or tin mining shafts to 
remain unfilled or 
uncovered to the injury or prejudice of others; 
causing or 
suffering any offal, filth or noisome substance to collect or to 
remain in any place to the prejudice of others; obstructing or 
impeding, without legal authority, the passage of any navigable 
river, harbor or collection of water; corrupting or rendering 
unwholesome or impure the water of 
a 
river, 
stream, 
pond or 
aquifer; imprudent operation of a watercraft as defined in Title 
12, section 16Ge8 13068 A, subsection 8; unlawfully diverting the 
water of a river, stream, pond or aquifer from its natural course 
or 
state 
to 
the 
injury 
or 
prejudice 
of 
others; 
and 
the 
obstructing or encumbering by fences, buildings or otherwise of 
highways, private ways, streets, alleys, commons, common landing 
places or burying grounds are nuisances within the limitations 
and exceptions mentioned. 
Any places where 
one or more old, 
discarded, worn-out or junked motor vehicles as defined in Title 
29-A, section 101, subsection 42, or parts thereof, are gathered 
. Page ll-LROOOl(l) 
together, 
kept, 
deposited or allowed to accumulate, 
in such 
manner or in such location or situation either within or without 
the limits of any highway, as to be unsightly, detracting from 
the natural scenery or injurious to the comfort and happiness of 
individuals and the public, and injurious to property rights, are 
public nuisances. 
Sec. 35. 18-A MRSA §5-601, sub-§(b), as amended by PL 1995, c. 
560, Pt. K, 
§4 and affected by §83 and amended by PL 2001, c. 
354, §3, is further amended to read: 
(b) 
The Department of 
&eRaviel'a~--and--Qeve.ep",eR~a~ Health 
and 
Human 
Services 
shall 
act 
as 
the 
public 
guardian 
or 
conservator 
for 
persons 
with 
mental 
retardation 
and 
~Re 
Qepal'~",eR~-~~-~~~~-&&a~~-ae~-~~-~~~~~~~a~ia&-el' 
e9RSe1'Va~91' for other incapacitated persons in need of protective 
services. 
Sec. 36. 18-A MRSA §5-613, sub-§(l), as amended by PL 1995, c. 
560, Pt. K, §6 and affected by §83; amended by PL 2001, c. 354, 
§3; and amended by PL 2003, c. 689, Pt. B, §6, is further amended 
to read: 
(1) 
When the following occur, the costs of the guardian ad 
litem or any other special costs may be paid by the Department of 
Health and Human Services, within the limits of the department's 
budgetT--~~-~~-pel's9R--~~-~~--",eR~a •• y--~~r~r-~-~Re 
e9s~S-~r-~~-a •• -~~--€~~e~7--&e-~~-ey--~a&-~~~--e~ 
Wea.~R-~RQ-~~r~~r-wi~RiR-~Re-~~~~~~-~a&-Qepal'~",eR~~s 
91iQ'J9~: 
(a) 
An 
allegedly 
incapacitated 
person 
is 
in 
need 
of 
protective services and: 
(1) 
A 
guardian 
ad 
litem 
is 
appointed 
under 
the 
provisions of this Code; or 
(2) 
A 
court incurs special costs in a 
proceeding 
concerning such a person; and 
(b) 
Appointment of 
a 
public guardian or conservator is 
sought 
or 
the 
allegedly incapacitated person, 
within 
months prior to the filing of the petition: 
(1) 
Is or has been a client of the Department of 
&eRavi9Fa~-aRQ-~eVe~ep",eR~a~ Health and Human Services; 
or 
+6}--ls-e~-£~~-~~~~~~--~-~~aFEm&&~-9f-W1iRIaR 
Sel'Vieesf-9!' 
Page l2-LR0001(1) 
c. 
(3) 
Has 
received services 
from 
a 
worker 
from 
the 
Department of 8ebavie!'a::l:--and--Qeve::l:epHleBta::l: Health and 
Human Services e!'-tbe-Qepa!'tHleBt-e~-H~HlaB-Se!'viees. 
Sec. 37. 19-A MRSA §4013, sub-§l, 1[A, as amended by PL 2001, 
240, §2 and c. 354, §3, is further amended to read: 
A. 
The 
Governor 
shall 
name 
the 
chair 
from 
among 
the 
following members: 
(1) 
Two members, appointed by the Governor, who are 
representatives of the statewide coalition of domestic 
violence projects; 
(I-A) 
Two members, 
representatives of 
assault centers; 
appointed by the Governor, who are 
the statewide coalition of sexual 
(2) 
One member, appointed by the Governor, who is a 
representative of the mental health profession; 
(3) 
One member, appointed by the Governor, who is a 
representative of victims of domestic violence; 
(3-A) 
One member, appointed by the Governor, who is a 
representative of victims of sexual assault; 
(4) 
Two members, 
appointed by the Governor, 
one of 
whom has experience representing victims of domestic 
abuse, 
who are attorneys with experience in domestic 
relations cases: 
(5) 
One member, appointed by the Governor, who was a 
victim of domestic abuse and used the court system: 
(5-A) 
One member, appointed by the Governor, who was a 
victim of sexual assault and used the court system: 
(6) 
One member, appointed by the Governor, who is a 
district attorney or assistant district attorney; 
(7) 
One 
member, 
appointed by the Governor, 
who is 
chief of a municipal police department; 
(8) 
One member, appointed by the Governor, who is a 
county sheriff; 
Page l3-LROOOl(1) 
• 
(8-A) 
One member, appointed by the Governor, who is 
the statewide coordinator of a statewide coalition to 
end domestic violence; 
( 8 -B) 
One member, appointed by the Governor, who is 
the executive director of a statewide coalition against 
sexual assault; 
(8-C) 
The Attorney General or the Attorney General's 
designee; 
(8-0) 
The Chief of the Maine State Police or the 
chief's designee; 
( 9) 
The 
Commissioner 
of 
Public 
Safety 
or 
the 
commissioner's designee; 
(9-A) 
The Commissioner of Health and Human Services or 
the commissioner's designee; 
t9-~+--~he-~~~~-~~~~~-aaG-geve*e~meata* 
Se~v~ees-e~-tRe-eemm~ss~eae~~s-Qes~~aee~ 
(9-C) 
The 
Commissioner 
of 
Education 
or 
the 
commissioner's designee; 
(9-0) 
The Commissioner of Labor or the commissioner's 
designee; 
(9-E) 
The 
Commissioner 
of 
Corrections 
or 
the 
commissioner's designee; 
(9-F) 
One member, appointed by the Governor, who has 
experience working in batterers' intervention programs; 
and 
(10) 
Up 
to 
members-at-large, 
appointed 
by 
the 
Governor. 
Sec. 38. 20-A MRSA §5152, sub-§3,~, as enacted by PL 1985, 
c. 774, §5, is amended to read: 
H. 
Department of Health and Human Services; 
Sec. 39. 20-A MRSA §5152, sub-§3, ,1, as enacted by PL 1985, c. 
774, §5; amended by PL 1995, c. 560, Pt. K, §82 and affected by 
§83; and amended by PL 2001, c. 354, §3, is repealed. 
Sec. 40. 20-A MRSA §11435, as enacted by PL 1987, c. 807, §3, 
is amended to read: 
§11435. Sunset review 
For purposes of the--Mai~~-AetT Title 3, chapter ;n 
1.5, the authority sha;t;t--be---e&&s-iEleFeEl is an independent agencYT 
with-~~~-~~r~-~Qsti'ieatieR-~~~--~-aeeeFElaRee-~~~-~~~- 6T 
seetieR-~r-4~e--i&-~~~--aRa-~~-e¥a~~a~4e£--a&G-~~~-iR 
aeeeFaaRee-~i~a--~it-~-~--se€~ieR--~~~r-~-~~-~e4£~--staRaiR~ 
eemmittee-~--~-~e~i6~a~~£e-~~-~QFis-Elie~ie&-~~-~~-aRa 
pFe~Fam--~e¥4ew--~-~--1a~eF--~haR--~--~~r--~~~~r--9Q~ 
Re~wi~hs~aRaiR~--~i~~-~,--~e€~4~~--9Q9--a&G-~,--~£e--aQ~heFi~y 
sha11-Ret-~e£miRate subject to the review requirements specified 
in Title 3, section 959. 
Sec. 41. 20-A MRSA §12302, sub-§3, "A and B, as enacted by PL 
1999, c. 401, Pt. NN, §2 and affected by §4 and enacted by PL 
1999, c. 496, §2, are repealed and the following enacted in their 
place: 
A. 
Applicants under subsection 1, paragraph A who 
meet 
eligibility criteria established by rule of the authority, 
which at a minimum must require: 
(1) 
That the student be a Maine resident; 
(2) 
That the student be enrolled in a dental school; 
.and 
(3) 
That priority be given to a student: 
(a) 
Who previously received a loan pursuant to 
this section; 
(b) 
Who exhibits financial need; and 
(c) 
Who demonstrates an interest in serving an 
underserved population area; and 
B. 
Applicants under subsection 1, paragraph B who 
meet 
eligibility criteria established by rule of the authority, 
which at a minimum must reguire: 
(1) 
That the applicant be eligible for licensure to 
practice dental medicine in Maine; 
(2) 
That 
the 
applicant 
have 
outstanding 
dental 
education loans; and 
(3) 
That 
the 
applicant 
be 
willing 
to 
serve 
an 
underserved population area. 
Sec. 42. 22 MRSA §6-A, last" as corrected by RR 1995, c. 2, 
§39 and amended by PL 2001, c. 354, §3, is repealed. 
Sec. 43. 22 MRSA §6-C, as amended by PL 1999, c. 401, Pte L, 
§1 and affected by §2 and amended by PL 2001, c. 354, §3, is 
repealed and the following enacted in its place: 
§6-C. Community Services Center 
1. 
Establishment. 
The Community Services Center, referred 
to in this section as "the service center," is established as an 
agency within the department to provide auditing, licensing and 
contracting services to the department. 
Auditing, contracting 
and licensing services include, but are not limited to, program 
audits, performance-based contracting, federal grant management, 
licensing, complaint investigations and other functions as may be 
determined 
by 
the 
commissioner, 
except 
that 
administrative 
hearing functions may not be transferred to the service center. 
The service center's purpose is to provide a single point of 
access 
for 
purchasing 
and 
coordinating 
administration 
of 
contracted community services and to coordinate licensing and 
aUditing visits for social service providers in a cost-effective 
manner 
to 
the department. 
The 
service center is under 
the 
authority and direction of the commissioner or the commissioner's 
designee. 
The 
commissioner 
shall 
employ 
a 
director 
of 
the 
service center, who is subject to the Civil Service Law. 
2. 
Transfer of property. 
The commissioner shall approve 
the 
transfer 
of 
property 
and 
eguipment 
as 
needed 
for 
the 
operation of the service center. 
3. 
Contracting 
function. 
The 
Division 
of 
Contracted 
Community Services of the service center shall provide technical 
assistance 
to 
the 
bureaus 
of 
the 
department 
in procuring, 
distributing and monitoring all state and federal funds. 
The 
bureaus 
of 
the 
department 
retain 
responsibility 
for 
policy 
direction and decision-making authority regarding funding 
and 
services. 
5. 
Licensing 
function. 
The 
department 
retains 
responsibility for policy direction and decision-making authority 
regarding 
licensing decisions 
concerning facilities 
providing 
mental health, mental retardation or substance abuse services. 
Sec. 44. 22 MRSA §3174-R, as amended by PL 2003, c. 510, Pte 
A, §17 and c. 611, §2, is repealed and the following enacted in 
its place: 
§3174-R. Medicaid drug rebate program 
The department shall enter into a drug rebate agreement with 
each 
manufacturer 
of 
prescription 
drugs 
under 
the 
Medicaid 
program, 
in accordance with the federal Social Security Act, 
Section 1927, as long as the agreements are consistent with state 
and federal law and result in a net increase in rebate revenue 
available 
to 
the 
Maine 
Medicaid 
Program. 
Individual 
rebate 
agreements may vary. 
Sec. 45. 22 MRSA §3472, sub-§4, as amended by PL 2003, c. 653, 
§2, is further amended to read: 
4. 
Coamissioner. 
"Commissioner" means the Commissioner of 
Health and Human Services or a designated representative in the 
geographical area in which the person resides or is present eFT 
i B - -t.-be- ~s-e- - e f - -adu-l-t.-s--w-i-t-h-- HIe B E a,1- ;:--e-t.-a£ -dat.-i~- -t.he- - b eHlHl iss i e Be F 
ef--~~~---asQ--~~~~--~~~--e~--~--aesi~BaEea 
FepFeseBEaEive--ia--~&&-~~~~-~~--i~-w£-i~£--~ae--peFseB 
Fesiaes-eF-is-pFeseBE. 
Sec. 46. 22 MRS A §3472, sub-§5, as amended by PL 2003, c. 653, 
§2, is repealed. 
Sec. 47. 22 MRSA §3741-M, as enacted by PL 1997, c. 284, §1, 
is reallocated to 22 MRSA §3769-D. 
Sec. 48. 22 MRSA §3762, sub-§2, ~C, as enacted by PL 1997, c. 
530, Pt. A, §16 and amended by PL 2001, c. 354, §3, is repealed. 
Sec. 49. 22 MRSA §4058, as enacted by PL 1985, c. 739, §17, 
is amended to read: 
§4058. Sunset provision 
The provision in this chapter 
1971 dealing with 
family 
rehabilitation 
and 
reunification 
saa,1,1 
~ 
be 
reviewed 
in 
accordance wi th 
ER.e--Ma-i-ne--~--Aet,T Title 3, chapter 6;h--Be 
,1aEe~-~R.aB-J~Be-69T-1989 ~. 
Sec. 50. 22 MRSA §7924, sub-§l, as corrected by RR 2003, c. 2, 
§82, is amended to read: 
1. 
Alleged 
violations 
reported 
and 
investigated. 
Any 
person 
who 
believes 
that 
any 
of 
those 
rules 
governing 
the 
licensure 
of 
long-term 
care facilities 
or 
the 
operation of 
assisted living programs 
and services authorized pursuant to 
section 
7853 
adopted 
by 
the 
QepaFEHleB~--ef--Hea,1ER.--aBa--H~HlaB 
6e~viees department pertaining to residents' rights and conduct 
of 
resident 
care 
has 
been violated 
may 
report 
the 
alleged 
violation 
to 
the 
protection 
and 
advocacy 
agency 
designated 
pursuant to Title 5, section 19501; the long-term care ombudsman 
pursuant to section 5106, subsection ll-C and section 5l07-A; the 
Office of Advocacy pursuant to Title 34-A, section 1203; and any 
other agency or person whom the Gemm~ss~eRe£-~-~~~-aaG-HQffiaR 
ge~viees commissioner may designate. 
Sec. 51. 22 MRSA §7924, sub-§2, as enacted by PL 1981, c. 445 
and amended by PL 2003, c. 689, Pt. B, §6, is further amended to 
read: 
2. 
Professionals to report. 
Any professional who provides 
health care, social services or mental health services or who 
administers a long-term care facility or program and who knows of 
or 
has 
reasonable 
cause 
to 
suspect that 
there 
has 
been 
a 
violation of any of those 
~e'J\l*atieas--p4'em~l'JateEl rules adopted 
by 
the 
Qe~a£tmeRt--e~--~~~-~-~~a--SeFviees department 
governing the licensure of long-term care facilities pertaining 
to 
residents' 
rights 
or 
conduct 
of 
resident 
care 
shall 
immediately report or cause a report to be made to an agency or 
person referred to in subsection 1. 
Sec. 52. 22 MRSA §7924, sub-§3, as corrected by RR 1995, c. 2, 
§45 and amended by PL 2001, c. 354, §3, is further amended to 
read: 
3. 
Written 
report of findinqs. 
Any 
agency 
or 
person 
investigating a situation pursuant to subsection 1 or 2 shall 
submit 
a 
written report of the findings 
and results of the 
investigation to the administrator of the long-term care facility 
in which the residents' rights allegedly have been vio1atedf and 
to the 
GemmissieReF-~-~UIlIa-&-Se£v4€eSf-~--if--t.f:l-e--l"&S-ident:--is 
meREa**y-4JJ-~-~~~~-~&a~-eF-ka£-~~~lat~~aGi&~ar-te 
tRe--~~~~---e~--~~~~--aREl--~l~~~--geFviees 
commissioner. 
Sec. 53. 22 MRSA §7933, sub-§2, as amended by PL 1997, c. 610, 
§2 and PL 2001, c. 354, §3, is further amended to read: 
2. 
Who 
may 
brinq 
action. 
The 
commissioner 
or 
acting 
commissioner may bring an action in Superior Court requesting the 
appointment of a 
receiver. 
IR--an---aE:-t.-ie£--l:H:·&~a&--r~-di~-a 
~~ivaEe-psy€R~at£ie-f:le£p-i-t.aJ7-~-i~-~~~-~~~-&1m&-ef-9~iR'Ji R'J 
ERe---a€-t.~eR7----t.~--~~~---~~~--~&S-~~&---aaQ---we~k 
ee*±age~ative*y---wi&a--~~--~~~~---~---~ekav4e4'aJ---aREl 
Qeve*e~meBta*-ge~vieesT 
Sec. 54. 22 MRSA §8104, sub-§l, as corrected by RR 1995, c. 2, 
§46 and amended by PL 2001, c. 354, §3, is further amended to 
read: 
Page l8-LR0001(1) 
1. 
Interaqency licensinq 
method. 
The 
Commissioner 
of 
EducationT---&he--~~~~--~---R~ma£---Se£viees 
and 
the 
Commissioner of 
8eRaYi-eFal--and--fJe:veJe~l!Iea~a± Health and Human 
Services, or their designees, shall jointly establish a method 
for interagency licensing of residential child care facilities 
subject wholly or partly to licensing by a~-~~-6 both of the 
departments. 
The method must provide for the following: 
A. 
Development of common licensing rules: 
B. 
Periodic review of licensing rules: 
C. 
Delegation of departmental responsibilities: and 
D. 
Determination of licensing fees. 
Sec. 55. 25 MRSA §2803-B, sub-§2, as amended by PL 2003, c. 
656, §4 and c. 677, §4, is repealed and the following enacted in 
its place: 
2. 
Minimum policy standards. 
The board shall establish 
minimum standards for each law enforcement policy no later than 
June 1, 1995, except that policies for expanded requirements for 
domestic violence under subsection 1, paragraph D, subparagraphs 
(1) to (3) must be established no later than January 1, 2003; 
policies for death investigations under subsection 1, paragraph I 
must be established no later than January 1, 2004; and policies 
for the recording and preservation of interviews of suspects in 
serious crimes under subsection 1, paragraph J and policies for 
public notification regarding persons in the community required 
to register under Title 34 A, chapter 15 must be established no 
later than January 1, 2005. 
Sec. 56. 25 MRSA §3701, sub-§7 is enacted to read: 
7. 
Solicitation agent. 
"Solicitation agent" means a person 
or entity that receives payment for or retains any portion of the 
proceeds from soliciting. 
"Solicitation agent" includes, but is 
not limited to, 
a 
person or entity that receives or retains 
reimbursement for expenses related to soliciting. 
Sec. 57. 25 MRSA §3702-C is enacted to read: 
§3702-C. 
Solicitation unlawful 
A law enforcement agency, law enforcement association, law 
enforcement 
officer 
or 
solicitation 
agent 
may 
not 
solicit 
property from the general public when the property or any part of 
that property in any 
way 
tangibly benefits, 
is intended to 
tangibly benefit or is represented to be for the tangible benefit 
of any law enforcement officer, law enforcement agency or law 
enforcement 
association. 
Any 
violation 
of 
this 
chapter 
constitutes a violation of the Maine Unfair Trade Practices Act. 
Sec. 58. 30-A MRSA §401, sub-§I, as enacted by PL 1987, c. 
737, Pt. A, §2 and Pt. C, §l06 and amended by PL 1989, c. 6; c. 
9, §2i and c. 104, Pt. C, §§8 and 10, is amended to read: 
1. 
Sheriff' s duties. 
The sheriff shall act as the chief 
county 
law 
enforcement 
officer 
and 
is 
responsible 
for 
administering 
and 
directing 
the 
sheriff's 
department 
as 
authorized by the county budget. 
The sheriff shall inform the 
county commissioners 
of sheriff's department activities on 
a 
regular basis aRQ-~~~-~-wi~h-~Re-~~~~~-~e~~i~eQ 
~RQe~-S~BseetieR-6. 
Sec. 59. 30-A MRSA §3821, sub-§3, as amended by PL 1995, c. 
88, §l, is further amended to read: 
3. 
Availability for inspection. 
Both the register and the 
record 
must 
be 
kept 
for 
years 
and 
be 
available at all 
reasonable times to the inspection of any lawful agent of the 
licensing authority or any full-time law enforcement officer as 
defined in Title 25, 
section 68G§ 
280l-A, 
subsection 4. 
The 
guest register may be "kept," within the meaning of this section, 
when reproduced on any photographic, microfilm or other process 
that reproduces the original record. 
Sec. 60. 30-A MRSA §4314, sub-§3, ,E, as amended by PL 2003, 
c. 595, §l and c. 614, §4, is repealed and the following enacted 
in its place: 
E. 
The ordinance or portion of the ordinance conflicts with 
a newly adopted comprehensive plan or plan amendment adopted 
in accordance with the procedures, 
goals 
and guidelines 
established in this subchapter, in which case the ordinance 
or portion of the ordinance remains in effect for a period 
of up to 24 months immediately following adoption of the 
comprehensive plan or plan amendment; 
Sec. 61. 30-A MRSA §4349-A, sub-§3, as amended by PL 2003, c. 
641, §17, is repealed. 
Sec. 62. Effective date. 
That section of this Act that repeals 
the 
Maine 
Revised 
Statutes, 
Title 
30-A, 
section 
4349-A, 
subsection 3, takes effect July 1, 2005. 
Sec. 63. 31 MRSA §526, sub-§20, as amended by PL 2003, c. 631, 
§47 and c. 673, Pt. WWW, §21 and affected by §37, is repealed and 
the following enacted in its place: 
20. 
Certificate of conversion. 
Certificate of conversion 
of a limited partnership to another type of business entity as 
provided by section 418, a fee in the amount of $145; and 
Sec. 64. Retroactivity. 
That section of this Act that repeals 
and replaces the Maine Revised Statutes, Title 31, section 526, 
subsection 20 applies retroactively to August 1, 2004. 
Sec. 65. 31 MRSA §751, sub-§25, as amended by PL 2003, c. 631, 
§62 and c. 673, Pt. WWW, §29 and affected by §37, is repealed and 
the following enacted in its place: 
25. 
Certificate of conversion. 
Certificate of conversion 
of a limited liability company to another type of business entity 
as provided by section 746, a fee of $145; and 
Sec. 66. Retroactivity. 
That section of this Act that repeals 
and replaces the Maine Revised Statutes, Title 31, section 751, 
subsection 25 applies retroactively to August 1, 2004. 
Sec. 67. 31 MRSA §871, sub-§l8, as amended by PL 2003, c. 631, 
§75 and c. 673, Pt. XXX, §8 and affected by §10, is repealed and 
the following enacted in its place: 
18. 
Annual report. 
For filing of an annual report under 
section 873, a fee of $85; 
Sec. 68. Retroactivity. 
That section of this Act that repeals 
and replaces the Maine Revised Statutes, Title 31, section 871, 
subsection 18 applies retroactively to January 1, 2005. 
Sec. 69. 32 MRSA §94, as amended by PL 1995, c. 488, §4, is 
further amended to read: 
§94. Sunset 
The 
operations 
and 
conduct 
of 
Maine 
Emergency 
Medical 
Services must be reviewed in accordance with 
t;ae-~1n&-Sl:iR6et; 
Aet;T Title 3, chapter 35T-R9-*at;eF-t;aaR-Jl:iRe-~gT-6gg~. 
Sec. 70. 34-A MRS A §9881, sub-§4, as enacted by PL 2003, c. 
495, §1, is repealed. 
... 
.. 
Sec. 71. 34-A MRSA §11203, sub-§6, ,A, as amended by PL 2003, 
c. 371, §2, is repealed. 
Sec. 72. 34-A MRSA §11203, sub-§6, ,C, as enacted by PL 1999, 
c. 437, §2, is amended to read: 
C. 
A violation of 
an offense 
in another jurisdiction, 
including, but not limited to, a state, federal, military or 
tribal court, that includes the essential elements of an 
offense listed in paragraph A-e~ B. 
Sec. 73. 34-B MRSA §1201-A, last" as enacted by PL 1991, c. 
781, Pt. D, §2 and affected by §4, is repealed. 
Sec. 74. 34-B MRSA §1205, sub-§l, as amended by PL 1995, c. 
560, Pt. K, §18, is further amended to read: 
1. 
Establishment. 
The Office of Advocacy is established 
within 
the 
Office 
of 
Advocacy 
and 
Consumer 
Affairs 
of 
the 
department solely to investigate the claims and grievances of 
clients of the department, to investigate W4~R-~~~-ef 
W~maa-~~~r-~--a~~~e~~4a~eT all allegations of adult and 
child abuse in state institutions and to advocate on behalf of 
clients for 
compliance by any institution, other facility or 
agency administered, licensed or funded by the department with 
all 
laws, 
administrative 
rules 
and 
institutional 
and 
other 
policies relating to the rights and dignity of clients. 
Sec. 75. 34-B MRSA §1205, sub-§3, 1JE, as repealed and replaced 
by PL 1989, c. 7, Pt. N, §3, is amended to read: 
E. 
Act as an information source regarding the rights of all 
clients, 
keeping 
itself 
informed 
about 
all 
laws, 
administrative rules and institutional and other policies 
relating to the rights and dignity of the clients and about 
relevant legal decisions and other developments related to 
the field of mental health and mental retardation, both in 
this State and in other parts of the country; and 
Sec. 76. 34-B MRSA §1205, sub-§3, V, as enacted by PL 1989, c. 
7, Pt. N, §3, is amended to read: 
F. 
Make and publish reports necessary to the performance of 
the duties described in this section. The chief advocate may 
report 
findings 
of 
the 
office 
to 
groups 
outside 
the 
department, such as legislative bodies, advisory committees, 
commissions, law enforcement agencies and the press, and may 
authorize the advocates in the Office of Advocacy to so 
communicate. 
At least annually, the chief advocate shall 
report both in person and in writing to the joint standing 
committee of the Legislature having jurisdiction over mental 
health and mental retardationf-aaai 
Sec. 77. 34-B MRSA §1205, sub-§3, 1[G, as enacted by PL 1989, 
c. 7, Pt. N, §3, is repealed. 
Sec. 78. 34-B MRSA §1207, sub-§I, 1[B, as amended by PL 1995, 
c. 691, §4 and PL 2001, c. 354, §3, is further amended to read: 
B. 
Information may be disclosed if necessary to carry out 
any 
of 
the 
statutory 
functions 
of 
the 
department, 
the 
hospi talization provisions of chapter 3, 
subchapter 
~v .1, 
the purposes of sections 3607 and 3608, 
the purposes of 
Title 22, section 3554 T 
or the purposes of United States 
Public Law 99-319, dealing with the investigatory function 
of 
the 
independent 
agency 
designated with 
advocacy 
and 
investigatory 
functions 
under 
United 
States 
Public 
Law 
88-164, Title I, Part C or United States Public Law 99-319 T 
e~-~~-~~~~~--ef--~~~-lg-AT--&&G&~&-~~--s~asee~iea 
fa}T-~-~-gepa~~ffiea~-~-~-Se~viees-~~-~~-ay 
~Re-~~~~f-~~~~-~-gevelepffieR~al-~~~-~e 
ae~-as-p~B*ie-~~a~aiaa-e~-p~B*ie-eease~va~e~; 
Sec. 79. 34-B MRSA §1207, sub-§I, 1[B-l, as amended by PL 1991, 
c. 250, is repealed. 
Sec. 80. 36 MRS A §1752, sub-§I-B, as amended by PL 1995, c. 
281, §ll and affected by §42, is repealed. 
Sec. 81. 36 MRSA §2903-D, sub-§2, 1[B, as enacted by PL 2001, 
c. 693, §7 and affected by §ll, is amended to read: 
B. 
The 
Snowmobile 
Trail 
Fund 
of 
the 
Department 
of 
Conservation, Bureau of Parks and Lands, 
est;aBli,.s-ae4-~Rae~ 
described in Title 12, 
section 7864 
1893, 
subsection 3, 
receives 85.07% of that amount. 
Sec. 82. 36 MRSA §6652, sub-§ I-B, 1[B, as amended by PL 2003, 
c. 625, §l and affected by §3 and amended by c. 687, Pt. A, §10 
and affected by Pt. B, §ll, is further amended to read: 
B. 
Lamps and lighting fixtures; aaa 
Sec. 83. 36 MRSA §6652, sub-§I-B, 1[C, as enacted by PL 2003, 
c. 625, §2 and affected by §3 and enacted by c. 687, Pt. A, §ll 
and affected by Pt. B, §ll, is repealed and the following enacted 
in its place: 
• 
C. 
All gambling machines or devices, including, but not 
limited to, electronic video machines. specifically designed 
or manufactured for use in the operation of any gambling or 
wagering activity. 
As 
used in this paragraph, 
"gambling 
machine or device" means any device, machine, paraphernalia 
or eguipment that is used or usable in the playing phases of 
any gambling activity, whether that activity consists of 
gambling between persons or gambling by a person involving 
the playing of a machine, including eguipment used in the 
playing 
phases 
of 
lottery 
schemes. 
"Electronic 
video 
machine" has the same meaning as in Title 17, section 330, 
subsection I-A; and 
Sec. 84. 36 MRSA §6652, sub-§l-B, 1fD is enacted to read: 
D. 
A slot machine and associated eguipment, as those terms 
are defined in Title 8, section 1001, and any part thereof, 
and any device or machine used directly and primarily in the 
operation or 
use 
of 
a 
slot machine, 
including but not 
limited to printing mechanisms, 
video 
display monitors, 
metering devices and computer eguipment. 
Sec. 85. Application. 
That section of this Act that repeals 
and replaces the Maine Revised Statutes, Title 36, section 6652, 
subsection 
l-B, 
paragraph 
C 
applies 
to 
property 
tax 
years 
beginning on or after April 1, 2004. 
Sec. 86. Retroactivity. 
Those sections of this Act that amend 
the Maine Revised Statutes, Title 36, section 6652, subsection 
l-B, paragraph B; 
repeal and replace Title 36, 
section 6652, 
subsection l-B, paragraph C; 
and enact Title 36, section 6652, 
subsection l-B, paragraph D apply retroactively to January 3, 
2004. 
Sec. 87. 38 MRSA §480-U, sub-§2, 1rA, as amended by PL 1999, c. 
401, Pt. BB, §18, is further amended to read: 
A. 
The application must contain written certification by a 
knowledgeable professional that the cranberry cultivation 
project will not be located in a wetland that has one or 
more of the following characteristics: 
(1) 
Is a coastal wetland or is located within 250 feet 
of a coastal wetland; 
(2) 
Is a great pond; 
(3) 
Contains endangered or threatened plant species 
*isEeg-~Ree£-~~~~~-~r-~~~~-661§ as defined in Title 
12, section 544, subsection 2, paragraphs C and G; 
(4) 
Contains any type of palustrine natural community 
of which there are 20 or fewer occurrences in the State; 
(5) 
Contains any of the following resources: 
(a) Habitat for species appearing on the official 
state or federal lists of endangered or threatened 
species when there is evidence that the species is 
present; 
(b) 
As 
defined by rule by the Commissioner of 
Inland Fisheries and Wildlife, whether or not the 
resource 
has 
been 
mapped, 
high-value 
and 
moderate-value deer wintering areas; deer travel 
corridors; high-value and moderate-value waterfowl 
or wading bird habitats, 
including nesting and 
feeding 
areas; 
shorebird 
nesting, 
feeding 
or 
staging areas; or seabird nesting islands; or 
(c) 
Critical 
spawning 
and 
nesting 
areas 
for 
Atlantic salmon as defined by rule by the Atlantic 
Salmon Commission whether or not mapped; 
(6) 
Is located within 250 feet of the normal high 
water line and within the same watershed of any lake or 
pond classified as GPA under section 465-A; 
(7) 
Is a bog dominated by er icaceous shrubs, sedges 
and sphagnum moss and usually having a saturated water 
regime, except that applications proposing reclamation 
of previously mined peat bogs may be considered; 
(8) 
Is land adjacent to the main stem of 
a 
major 
river, as classified in section 467, that is inundated 
with floodwater during a 100-year flood event and that 
under 
normal circumstances 
supports 
a 
prevalence of 
wetland 
vegetation, 
typically 
adapted 
for 
life 
in 
saturated soils; or 
(9) 
Contains at least 20,000 square feet of aquatic 
vegetation, 
emergent marsh vegetation or open water, 
except for artificial ponds or 
impoundments, 
during 
most of the growing season in most years; except that 
cranberry cultivation is allowed more than 
feet 
from 
the 
edge 
of 
the 
area of 
aquatic 
vegetation, 
emergent marsh vegetation or open water. 
A project to cultivate indigenous cranberries may be located 
in wetlands described in subparagraphs (6) and (7) only if 
.. 
the 
project 
location 
is 
a 
natural 
cranberry 
bog 
and 
provisions of paragraph D are met. 
For purposes of this 
paragraph, 
"natural 
cranberry 
bog" 
means 
an 
area 
with 
indigenous large cranberries, Vaccinium macrocarpon Ait., 
comprising more than 50% of the cover in the herbaceous 
layer; 
and 
"cover 
in 
the 
herbaceous 
layer" 
means 
all 
herbaceous or woody vegetation less than 10 inches in height. 
Sec. 88. PL 2003, c. 20, Pt. FFF, §1, sub-§I, as amended by PL 
2003, c. 507, Pt. A, §l and affected by §3 and amended by c. 673, 
Pt. K, §2, is repealed and the following enacted in its place: 
1. 
The 
Commissioner 
of 
Administrative 
and 
Financial 
Services, referred to in this section as "the cQmmissioner," and 
any insurance company or 3rd-party administrator, referred to in 
this section as "the carrier," insuring or administering the 
state employee health plan, referred to in this section as "the 
plan," 
shall 
jointly 
negotiate 
agreements 
with 
hospitals 
participating in the carrier I s provider network to reduce the 
expense incurred by the plan in state fiscal year 2003-04 by the 
amount of at least $18,020,851. 
In undertaking such negotiations 
the carrier must be deemed at all times to be the agent of the 
State. 
The commissioner and the carrier acting at the direction 
of 
the 
COmmissioner 
may 
offer 
or 
negotiate 
such 
terms 
and 
conditions 
as 
the 
commissioner 
considers 
to 
be 
in the best 
interest of the State to reduce the expense of the state employee 
health 
plan, 
including, 
but 
not 
limited 
to, 
offering 
or 
negotiating reductions in standard hospital reimbursement rates, 
rebates 
and 
refunds 
and 
uniform 
terms 
relating 
to 
such 
reductions, rebates or refunds. 
The commissioner may not affect 
or seek to affect amounts paid to hospitals relating to any other 
customer of the carrier. 
Sec. 89. PL 2003, c. 414, Pt. B, §26 is repealed and the following 
enacted in its place: 
Sec. B-26. 14 MRSA §3142, sub-§I, ,C, as amended by PL 2001, 
c. 471, Pt. A, §20, is further amended to read: 
C. 
The 
suspension 
of 
any 
license, 
certification, 
registration, 
permit, 
approval or other similar document 
evidencing the granting of authority to hunt, fish or trap 
or 
to 
engage 
in 
a 
profession, 
occupation, 
business 
or 
industry, not including a registration, permit, approval or 
similar document evidencing the granting of authority to 
engage in the business of banking pursuant to Title 9-B. 
Licenses and registration subject to suspension include, but 
are not limited to: 
(1) 
Licenses 
issued by the Commissioner 
of Marine 
Resources, as provided in Title 12, section 6409; 
(2) 
Licenses 
issued by the Commissioner of 
Inland 
Fisheries 
and 
Wildlife, 
as 
provided 
in Title 
12, 
section 7G77 10902, subsection l-b l; 
(3) 
Watercraft, 
snowmobile 
registrations, as provided in 
~, subsection l-b l; and 
and all-terrain vehicle 
Ti tle 12, section 7G77 
(4) 
Motor vehicle licenses or permits issued by the 
Secretary of 
State, 
the 
right 
to 
operate 
a 
motor 
vehicle in this State and the right to apply for or 
obtain a license or permit, as provided in Title 29-A, 
section 2605. 
Sec. 90. Effective date. 
That section of this Act that repeals 
and replaces Public Law 2003, chapter 414, Part B, 
section 26 
takes effect August 31, 2004. 
Sec. 91. PL 2003, c. 451, Pt. Z, §1, sub-§I, as amended by PL 2003, 
c. 507, Pt. A, §2 and affected by §3 and amended by c. 673, Pt. 
K, §1, is repealed and the following enacted in its place: 
1. 
The 
Chancellor 
of 
the University of 
Maine 
System, 
referred 
to 
in this 
section 
as 
"the 
chancellor," 
and 
any 
insurance 
company 
or 
3rd-party 
administrator 
acting 
at 
the 
direction of the State, referred to in this section as "the 
carrier," 
insuring or 
administering 
the 
University of 
Maine 
System health plan for employees and retirees, referred to in 
this section as 
"the plan," shall negotiate agreements with 
hospitals participating in the carrier's provider 
network 
to 
reduce the expense incurred by the plan in state fiscal year 
2003-04 by the amount of $2,250,000. 
It is not the intent of the 
Legislature 
to 
reguire 
negotiations 
to 
reduce 
such 
expenses 
beyond state fiscal year 2004. 
In undertaking such negotiations, 
the carrier is deemed at all times to be the agent of the State 
of Maine and the University of Maine System. 
The chancellor and 
the carrier, acting at the direction of the State, may offer or 
negotiate such terms and conditions as the chancellor considers 
to be in the best interest of the university to reduce the 
expense of the plan, including, but not limited to, offering or 
negotiating reductions in standard hospital reimbursement rates, 
rebates 
and 
refunds 
and 
uniform 
terms 
relating 
to 
such 
reductions, rebates or refunds. 
The chancellor may not affect or 
seek to affect amounts paid to hospitals relating to any other 
customer of the carrier. 
The hospital discount rate resulting 
from this specific arrangement is not intended to affect the 
.. 
underlying premium rates for any purpose. 
This pooling of funds 
by the State is not intended to affect plan cost recoveries, plan 
cost structures or the university's ability to negotiate with 
carriers regarding the plan. 
Sec. 92. Retroactivity. 
That section of this Act that repeals 
and replaces Public Law 2003, chapter 451, Part Z, section l, 
subsection 1 applies retroactively to June 12, 2003. 
Sec. 93. RR 2003, c. 1, §10 is amended to read: 
Sec. 10. Effective date. 
That section of this report that 
corrects the Maine Revised Statutes, Title 12, section 13056, 
subsection 
2, 
paragraph 
G 
takes 
effect 
9g--Qay6--af~eF--~Re 
aQ~e~FBffieB~--~---~Re--~--Re§~~aF--~~--ef--~~--l6l6~ 
be§i6~a~~Fe August 31, 2004. 
Sec. 94. Retroactivity. 
That section 
Revisor's 
Report 
2003, 
chapter 
1, 
retroactively to April 30, 2004. 
of this Act that amends 
section 
10, 
applies 
Emergency clause. 
preamble, 
this 
Act 
otherwise indicated. 
In view of 
takes 
effect 
the emergency cited in 
when 
approved, 
except 
the 
as 
SUMMARY 
Section 1 corrects a conflict created by Public Law 2003, 
chapters 608 and 689, which affected the same provision of law, 
by incorporating the changes made by both laws. 
Public Law 1997, chapter 643, Part Q increased the salary 
grade of the Commissioner of Defense, 
Veterans and Emergency 
Management from Range 89 to Range 91; however, in amending Range 
in Part H of the same public law, the position of Commissioner 
of 
Defense, 
Veterans 
and 
Emergency 
Management 
was 
still 
included. 
Section 2 
removes 
the position of Commissioner of 
Defense, Veterans and Emergency Management from Range 89, leaving 
it in Range 91. 
Sections 3 to 5 correct a conflict created by Public Law 
1995, 
chapter 
368, 
which 
amended 
Title 
5, 
section 
1589, 
subsection 3 and repealed subsections 3-A and 3-C, and chapter 
464, 
which 
amended 
subsection 
3, 
3-A 
and 
3-C, 
by 
repealing 
subsection 3 and replacing it with the chapter 464 version of 
that subsection and repealing subsections 3-A and 3-C. 
Public Law 2003, chapter 689, Part B, section 7 directs the 
Revisor 
of 
Statutes 
to 
replace 
both 
"Commissioner 
of 
Human 
Services" 
and 
"Commissioner 
of 
Behavioral 
and 
Developmental 
Services" with "Commissioner of Health and Human Services." Since 
reference is made 
to both of the commissioners in Title 5, 
section 1660 -D, subsection 3, section 6 corrects the references 
to avoid redundancy. 
Section 
changes 
"Commissioner 
of 
Human 
Services" 
to 
"Commissioner 
of 
Health 
and 
Human 
Services", 
and 
section 
removes 
a 
reference 
to 
the 
Commissioner 
of 
Behavioral 
and 
Developmental Services. 
Public Law 2003, chapter 689, Part B, 
section 7 directs the Revisor of Statutes to change "Commissioner 
of 
Human 
Services" 
and 
"Commissioner 
of 
Behavioral 
and 
Developmental Services" 
to 
"Commissioner of Health 
and 
Human 
Services"; changing both references to "Commissioner of Health 
and Human Services" in this section of statute is not necessary. 
Section 9 corrects a cross-reference. 
Sections 10 and 11 remove references to a repealed provision 
of law. 
Section 12 corrects a conflict created by Public Law 2003, 
chapter 655, which amended Title 12, section 10206, subsection 1, 
paragraph B, and Public Law 2003, chapter 695, which repealed the 
paragraph, by repealing the paragraph. 
Public Law 2003, chapter 689, Part B, section 6 directs the 
Revisor 
of 
Statutes 
to 
replace 
both 
"Department 
of 
Human 
Services" 
and 
"Department 
of 
Behavioral 
and 
Developmental 
Services" with 
"Department of Health 
and 
Human 
Services" 
to 
reflect the consolidation of the departments. 
Section 13 amends 
a 
reference to the Department of Behavioral and Developmental 
Services to reflect the change. 
Section 14 corrects cross-references to reflect changes made 
by Public Law 2003, chapter 695 and this bill. 
Section 15 corrects an error that occurred when Title 12, 
section 12506, subsection 5 was repealed and replaced in Public 
Law 
2003, 
chapter 655, 
Part B, 
section 253. 
Paragraph B of 
subsection 5 was supposed to have been excluded, reflecting its 
previous 
repeal, 
but 
the 
subsection was mislettered to 
read 
consecutively. 
Section 16 corrects a cross-reference. 
Section 17 corrects a conflict created when 2 public 
Public 
Law 
2003, 
chapters 
and 
655, 
amended 
the 
subsection of law by incorporating the changes 
made 
by 
public laws. 
laws, 
same 
both 
Section 18 corrects a conflict created by Public Law 2003, 
chapters 627 and 655, which affected the same provision of law, 
by incorporating the changes made by both laws. 
Section 19 corrects a conflict created by Public Law 2003, 
chapter 627, which repealed and replaced Title 12, section 13068, 
subsection 15, and chapter 655, which repealed the entire section 
and enacted section 13068-A. 
Section 19 corrects the conflict by 
repealing Title 12, section 13068, subsection 15. 
Section 20 corrects a conflict created by Public Law 2003, 
chapters 655 and 695, which affected the same provision of law, 
by incorporating the changes made by both laws. 
Sections 21 to 23 correct a conflict created by Public Law 
2003, 
chapter 
and 
chapter 
695, 
which affected the 
same 
provision of law, by incorporating the changes made by both laws. 
Sections 24 to 30 correct a conflict created by Public Law 
2003, 
chapters 
and 695. 
Chapter 
repealed Title 12, 
section 13157 and enacted a new section 13157-A. 
Chapter 695 
affected many provisions of section 13157. 
Sections 24 to 30 
correct the conflict by repealing section 13157 and incorporating 
the language from the former section 13157 into section 13157-A. 
Section 31 makes those changes retroactive to August 31, 2004. 
Section 32 corrects a conflict created by Public Law 2003, 
chapters 655 and 695, which affected the same provision of law, 
by incorporating the changes made by both laws. 
Section 32 also 
corrects a cross-reference to reflect a change made in this bill. 
Section 33 corrects a cross-reference. 
Section 34 corrects a cross-reference. 
Public Law 2003, chapter 689, Part B, section 6 directs the 
Revisor 
of 
Statutes 
to 
replace 
both 
"Department 
of 
Human 
Services" 
and 
"Department 
of 
Behavioral 
and 
Developmental 
Services" with "Department of Health and Human Services." 
Title 
18-A, section 5-601, subsection (b) divides public guardianship 
duties 
for 
certain persons 
between 
the 
Department 
of 
Human 
Services 
and 
the 
Department 
of 
Behavioral 
and 
Developmental 
Services. 
Section 35 assigns to the Department of Health and 
Human Services public guardianship responsibility for all those 
persons. 
Public Law 2003, chapter 689, Part B, section 6 directs the 
Revisor 
of 
Statutes 
to 
replace 
both 
"Department 
of 
Human 
Services" 
and 
"Department 
of 
Behavioral 
and 
Developmental 
Services" with "Department of Health and Human Services." 
Title 
18-A, 
section 
5-613, 
subsection 
(1) 
allows 
the 
costs 
of 
a 
guardian ad litem for certain persons to be paid either by the 
Department of Human Services or the Department of Behavioral and 
Developmental 
Services. 
Section 
allows 
the 
Department of 
Heal th and Human Services to pay the costs of the guardian ad 
litem for those persons and removes language made duplicative by 
this revision. 
Public Law 2003, chapter 689, Part B, section 7 directs the 
Revisor 
of 
Statutes 
to 
replace 
both 
"Commissioner 
of 
Human 
Services" 
and 
"Commissioner 
of 
Behavioral 
and 
Developmental 
Services" with "Commissioner of Health and Human Services." Title 
19-A, section 4013, subsection 1, paragraph A includes both the 
Commissioner of Human Services and the Commissioner of Behavioral 
and Developmental Services in the Maine Commission on Domestic 
and Sexual Abuse. 
Section 37 repeals one of the positions to 
negate redundancy created by the revision clause. 
Public Law 2003, chapter 689, Part B, section 6 directs the 
Revisor 
of 
Statutes 
to 
replace 
both 
"Department 
of 
Human 
Services" 
and 
"Department 
of 
Behavioral 
and 
Developmental 
Services" with "Department of Health and Human Services." 
Title 
20-A, section 5152, subsection 3 specifies that membership on the 
advisory committee on truancy, dropouts and alternative education 
includes representation from the Department of Human Services and 
the Department of Behavioral and Developmental Services. 
Section 
makes the Department of Health and Human Services change and 
section 39 repeals one of the positions to negate redundancy 
created by the revision clause. 
Section 40 corrects a cross-reference. 
The Maine Sunset Act 
was repealed in 1989; in 1995 the State Government Evaluation Act 
was enacted to provide a systematic review of agencies of State 
Government. 
Section 40 changes the reference from "Maine Sunset 
Act" to the statutory cross-reference for the State Government 
Evaluation Act. 
Section 41 corrects a conflict created by Public Law 1999, 
chapters 401 and 496, which enacted slightly different versions 
of the Maine Dental Education Loan Program by repealing the 
differing paragraphs and replacing them with the chapter 401 
version. 
Public Law 2003, chapter 689, Part B, section 7 directs the 
Revisor 
of 
Statutes 
to 
replace 
both 
"Commissioner 
of 
Human 
Services" 
and 
"Commissioner 
of 
Behavioral 
and 
Developmental 
Services" with "Commissioner of Health and Human Services." Title 
22, section 6-A requires the Commissioner of Human Services to 
work 
with 
the 
Commissioner 
of 
Behavioral 
and 
Developmental 
Services. 
Section 42 repeals that requirement. 
Public Law 2003, chapter 689, Part B, section 6 directs the 
Revisor 
of 
Statutes 
to 
replace 
both 
"Department 
of 
Human 
Services" 
and 
"Department 
of 
Behavioral 
and 
Developmental 
Services" with "Department of Health and Human Services." 
Title 
22, section 6-C contains numerous references to both departments 
and 
requires 
joint direction 
by 
the 
Commissioner 
of 
Human 
Services and the Commissioner of Behavioral and Developmental 
Services. 
Section 43 repeals and replaces section 6-C to make 
the changes required by the revision clause and to ensure that 
the section makes sense. 
Section 44 corrects a conflict created by Public Law 2003, 
chapters 510 and 611, which both amended the same provision of 
law, by repealing the provision of law and replacing it with the 
chapter 611 version. 
Public Law 2003, chapter 689, Part B, section 6 directs the 
Revisor 
of 
Statutes 
to 
replace 
both 
"Department 
of 
Human 
Services" 
and 
"Department 
of 
Behavioral 
and 
Developmental 
Services" with "Department of Health and Human Services." 
Title 
22, section 3472 defines "department" as the Department of Human 
Services 
or 
the 
Department 
of 
Behavioral 
and 
Developmental 
Services 
and 
"commissioner" 
as 
the 
commissioners 
of 
those 
departments, 
depending on specified circumstances. 
Section 45 
eliminates redundancy that would result from implementing the 
revision clause by eliminating the reference to the Department of 
Behavioral and Developmental Services, and section 46 repeals the 
definition of "department" since it is defined for Title 22 as 
the Department of Health and Human Services. 
Section 47 resolves a conflict created by Public Law 1997, 
chapter 284, which enacted new language within Title 22, chapter 
1053, and Public Law 1997, chapter 530, which repealed Title 22, 
chapter 1053 and enacted chapter 1053-B. 
Section 47 resolves the 
conflict by reallocating Title 22, 
section 3741-M to section 
3769-D 
under 
new 
chapter 
1053-B, 
which 
governs 
temporary 
assistance for needy families. 
Public Law 2003, chapter 689, Part B, section 6 directs the 
Revisor 
of 
Statutes 
to 
replace 
both 
"Department 
of 
Human 
Services" 
and 
"Department 
of 
Behavioral 
and 
Developmental 
Services" with "Department of Health and Human Services." 
Title 
22, 
section 
3762, 
subsection 
2, 
paragraph 
C 
requires 
the 
Department of Human Services to collaborate with the Department 
of Behavioral and Developmental Services. 
Section 48 
repeals 
that 
paragraph 
to 
eliminate 
the 
redundancy 
created 
by 
the 
revision clause. 
Section 49 corrects a cross-reference. 
The Maine Sunset Act 
was repealed in 1989; in 1995 the State Government Evaluation Act 
was enacted to provide a systematic review of agencies of State 
Government. 
Section 49 changes the reference from "Maine Sunset 
Act" 
to 
the 
statutory 
reference 
for 
the 
State 
Government 
Evaluation Act. 
Public Law 2003, chapter 689, Part B, section 7 directs the 
Revisor 
of 
Statutes 
to 
replace 
both 
"Commissioner 
of 
Human 
Services" 
and 
"Commissioner 
of 
Behavioral 
and 
Developmental 
Services" with "Commissioner of Health and Human Services." Title 
22, section 7924 requires written reports of certain violations 
to be made to both of those commissioners. 
Sections 50 and 51 
change a reference from "Department of Health and Human Services" 
to "department," since "department" is defined for Title 22 as 
the Department of Health and Human Services. 
Section 50 also 
changes 
a 
reference 
from 
"Commissioner 
of 
Health 
and 
Human 
Services" to "commissioner," since "commissioner" is defined for 
Title 
as 
the Commissioner 
of Health 
and 
Human 
Services. 
Section 51 also makes a technical change. 
Section 52 
changes 
references 
from 
"Commissioner 
of 
Human 
Services" 
and 
"Commissioner 
of 
Behavioral 
and 
Developmental 
Services" 
to 
"commissioner," since "commissioner" is defined in Title 22 
as 
the Commissioner of Health and Human Services. 
Public Law 2003, chapter 689, Part B, section 7 directs the 
Revisor 
of 
Statutes 
to 
replace 
both 
"Commissioner 
of 
Human 
Services" 
and 
"Commissioner 
of 
Behavioral 
and 
Developmental 
Services" with "Commissioner of Health and Human Services." Title 
22, section 7933, subsection 2 requires the Commissioner of Human 
Services 
to 
work 
with 
the 
Commissioner 
of 
Behavioral 
and 
Developmental 
Services 
in bringing an action to 
request the 
appointment 
of 
a 
receiver 
to 
operate 
a 
private psychiatric 
hospital. 
Section 53 repeals that requirement. 
Public Law 2003, chapter 689, Part B, section 7 directs the 
Revisor 
of 
Statutes 
to 
replace 
both 
"Commissioner 
of 
Human 
Services" 
and 
"Commissioner 
of 
Behavioral 
and 
Developmental 
Services" with "Commissioner of Health and Human Services." Title 
22, section 8104, subsection 1 requires the Commissioner of Human 
Services, 
the 
Commissioner 
of 
Behavioral 
and 
Developmental 
Services and the Commissioner of Education to jointly establish a 
method 
for 
interagency 
licensing 
of 
residential 
child 
care 
facili ties. 
Section 54 
repeals one of the references to the 
Commissioner 
of 
Health 
and 
Human 
Services 
to 
eliminate 
the 
redundancy created by the revision clause. 
Section 55 corrects a conflict created by Public Law 2003, 
chapters 656 and 677, which affected the same provision of law, 
by incorporating the changes made by both laws. 
Public Law 2003, chapter 560 amended Title 25, section 3701, 
subsection 
to 
remove 
language 
repealing 
subsection 
on 
February 1, 
2004. 
Public 
Law 
2003, 
chapter 
560, 
though 
an 
emergency, did not take effect until March 17, 2004, after the 
repeal took effect. 
Section 56 enacts Title 25, section 3701, 
subsection 7 to reflect the intent of the Legislature to maintain 
the provisions of Title 25, section 3701, subsection 6. 
Public 
Law 
2003, 
chapter 
amended Title 25, 
section 
3702-A to remove language repealing section 3702-A on February 1, 
2004. 
Public Law 2003, chapter 560, though an emergency, did not 
take effect until March 17, 2004, after the repeal took effect. 
Section 57 enacts Title 25, section 3702-C to reflect the intent 
of 
the Legislature to maintain the 
provisions 
of Title 
25, 
section 3702-A. 
Section 
repeals 
language 
that makes 
reference 
provision of law that was repealed by Public Law 2003, 
696, section 5. 
to 
a 
chapter 
Section 59 corrects a cross-reference. 
Section 60 corrects a conflict created by Public Law 2003, 
chapters 595 and 641, which affected the same provision of law. 
Chapter 595 removed a conjunction from the end of the paragraph, 
and chapter 641 made technical changes to the provision. 
Section 
corrects the conflict by incorporating the changes made by 
both laws. 
Section 61 corrects a conflict created by Public Law 2003, 
chapter 
604, 
which 
repealed 
Title 
30-A, 
section 
4349-A, 
subsection 3, and chapter 641, which amended the same provision, 
by 
repealing 
the 
provision. 
Section 
makes 
the 
repeal 
effective July 1, 
2005, 
which is the date the repeal of the 
subsection by chapter 604 takes effect. 
Section 63 corrects a conflict created by Public Law 2003, 
chapters 631 and 673, which affected the same provision of law. 
This section repeals the 
prov~s~on and replaces it with the 
chapter 673 version with minor revisions. 
Section 64 provides 
for a retroactive effective date of August 1, 2004, the effective 
date of the fee increase made by chapter 673. 
Section 65 corrects a conflict created by Public Law 2003, 
chapters 631 and 673, which affected the same provision of law. 
Section 65 repeals the provision and replaces it with the chapter 
version with minor 
rev~s~ons. 
Section 66 provides for a 
retroactive effective date of August 1, 2004, the effective date 
of the fee increase made by chapter 673. 
Section 67 corrects a conflict created by Public Law 2003, 
chapters 631 and 673, which affected the same provision of law. 
Section 67 repeals the provision and replaces it with the chapter 
version with minor revisions. 
Section 68 provides for 
a 
retroactive effective date of January 1, 2005, the effective date 
of the fee increase made by chapter 673. 
Section 69 corrects a cross-reference. 
The Maine Sunset Act 
was repealed in 1989; in 1995 the State Government Evaluation Act 
was enacted to provide a systematic review of agencies of State 
Government. 
Section 69 
changes the reference from the "Maine 
Sunset 
Act" 
to 
the 
statutory cross-reference 
for 
the 
State 
Government Evaluation Act. 
Section 
deletes 
language 
that 
makes 
reference 
provision of law that was repealed by Public Law 2003, 
706, Part B, section 5. 
Section 71 
removes cross-references to provisions 
to 
a 
chapter 
of law 
that were repealed by Public Law 
2003, 
chapter 711, 
Part B, 
section 1. 
Section 72 removes a cross-reference to the provision 
of law that was repealed in section 71. 
Public Law 2003, chapter 689, Part B, section 7 directs the 
Revisor 
of 
Statutes 
to 
replace 
both 
"Commissioner 
of 
Human 
Services" 
and 
"Commissioner 
of 
Behavioral 
and 
Developmental 
Services" with "Commissioner of Health and Human Services." Title 
34-B, section 1201-A requires the Commissioner of Behavioral and 
Developmental Services to coordinate regional service delivery 
with the Commissioner of Human Services. 
Section 73 repeals that 
requirement. 
Public Law 2003, chapter 689, Part B, section 6 directs the 
Revisor 
of 
Statutes 
to 
replace 
both 
"Department 
of 
Human 
Services" 
and 
"Department 
of 
Behavioral 
and 
Developmental 
Services" with "Department of Health and Human Services." 
Title 
34-B, 
section 1205, 
subsection 
requires 
the 
Department of 
Behavioral 
and Developmental Services, 
Office of 
Advocacy to 
investigate with the Department of Human Services allegations of 
adult and child abuse in state institutions. 
Section 74 repeals 
that reference to the Department of Human Services to eliminate 
the redundancy created by the revision clause. 
Public Law 2003, chapter 689, Part B, section 6 directs the 
Revisor 
of 
Statutes 
to 
replace 
both 
"Department 
of 
Human 
Services" 
and 
"Department 
of 
Behavioral 
and 
Developmental 
Services" with "Department of Heal th and Human Services." 
Title 
34-B, 
section 
1205, 
subsection 
3, 
paragraph 
G requires 
the 
Department of Behavioral and Developmental Services, Off ice of 
.. 
Advocacy 
to 
negotiate 
joint 
working 
agreements 
with 
the 
Department of Human Services. 
Sections 75 to 77 
repeal that 
requirement to eliminate the redundancy created by the revision 
clause and make punctuation changes to reflect the repeal. 
Public Law 2003, chapter 689, Part B, section 6 directs the 
Revisor 
of 
Statutes 
to 
replace 
both 
"Department 
of 
Human 
Services" 
and 
"Department 
of 
Behavioral 
and 
Developmental 
Services" with "Department of Health and Human Services." 
Title 
34-B, section 1207, subsection 1, paragraphs B and B-1 allow for 
the 
disclosure 
of 
certain information 
by 
the 
Department 
of 
Behavioral 
and 
Developmental 
Services 
under 
certain 
circumstances, 
including 
when 
requested 
to 
do 
so 
by 
the 
Department of Human Services. 
Sections 78 
and 79 repeal the 
requirement that information be disclosed to the Department of 
Human 
Services and eliminate references to the Department of 
Human 
Services 
to 
eliminate 
the 
redundancy 
created 
by 
the 
revision clause. 
Section 80 repeals a provision of law that makes reference 
to a repealed provision of law. 
Section 81 corrects a cross-reference. 
Sections 82 to 84 correct a numbering problem created by 
Public 
Law 
2003, 
chapters 
and 
687, 
which 
enacted 
substantively 
different 
provisions 
with 
the 
same 
paragraph 
designation. 
Section 85 makes the change apply to property tax 
years beginning on or after April 1, 2004. 
Section 86 makes the 
provisions retroactive to January 3, 2004, the effective date of 
chapter 687. 
Section 87 corrects a cross-reference. 
Section 88 corrects a conflict created by Public Law 2003, 
chapters 507 and 673, which affected the same provision of law, 
by incorporating the changes made by both laws. 
Section 89 corrects an error created by the omission of 
Title 14, section 3142, subsection 1, paragraph C, subparagraph 
(4) 
in the 
law that recodified the fish and wildlife laws. 
Section 90 adds an effective date. 
Section 91 corrects a conflict created by Public Law 2003, 
chapters 507 and 673, which affected the same provision of law, 
by incorporating the changes made by both laws. 
Section 92 makes 
the provision retroactive to June 12, 2003, the effective date of 
Public Law 2003, chapter 507, Part A. 
The Revisor' s Report 2003, chapter 1 corrected a clerical 
error in Title 12, section 13056, subsection 2, paragraph G and 
provided for an effective date of the correction of 90 days 
following adjournment of the Second Regular Session of the 121st 
Legislature, which was the original effective date of the law 
that enacted Title 12, section 13056.. 
Public Law 2003, chapter 
655, Part B, section 422 changed the effective date to August 31, 
B 
2004. 
Section 93 changes the date of the correction to August 
31, 2004, and section 94 makes the change retroactive to April 
30, 2004, the original effective date of Title 12, section 13056. 
..