Maine Legislature, Session 122, LD 2055
Committee Amendment CA_A_H1085 (House)
Amends: 5 MRSA §1753, 9-A MRSA §1, 10 MRSA §9097, 14 MRSA §251, 20-A MRSA §15901, 20-A MRSA §15905, 22 MRSA §2700, 22 MRSA §7703, 24-A MRSA §6908, 30-A MRSA §5703, 34-A MRSA §3001-A, 34-A MRSA §3002, 34-A MRSA §11222, 34-B MRSA §1409, 36 MRSA §2908, 5 MRSA §121, 8 MRSA §300-A, 10 MRSA §1415-C, 18-B MRSA §105, 30-A MRSA §2652, 32 MRSA §82, 25 MRSA §1534, 20-A MRSA §13101

COMMITTEE AMENDMENT "fl" to H.P. 1449, L.D. 2055, Bill, "An 
Act To Correct Errors and Inconsistencies in the Laws of Maine" 
Amend the bill by inserting after the enacting clause the 
following: 
'PART A' 
Further amend the bill by striking out sections 15 to 17. 
Further amend the bili by striking out section 22. 
Further amend the bill by striking out section 34. 
Further amend the bill by striking out section 39. 
Further amend the bill by striking out section 49. 
Further amend the bill by striking out sections 64 and 65. 
Further amend the bill by inserting after section 82 the 
fallowing: 
'PARTB 
Sec. B-1. 5 MRSA §1753, sub-§4, as enacted by PL 1993, c. 606, 
§2, is amended to read: 
Page l-LR3065(2) 
COMMITTEE AMENDMENT 
,-",-
COMMITTEE AMENDMENT "A" to H.P. 1449, L.D. 2055 
4. 
Owner's representative an allowable cost. 
For purposes 
of this section, the owner's representative is a 
subsidizable 
cost eligible for subsidy in accordance with Title 20-A, sections 
;!,eeQ;;t .lill2. and l590l r 
only if the local unit pays 50°-6 of the 
costs of the employment of an owner's representative. 
Sec. B-2. 9-A MRSA §1-301, sub-§22-A, as enacted by PL 2005, 
c. 164, §1, is amended to read: 
22-A. 
"Loan officer" means an individual who is employed or 
retained and supervised by a licensed supervised lender that is 
not 
a 
supervised financial organization, 
or 
by 
a 
Fe~i6~eFee 
eFeei~-~~~~~aaisa~ieB licensed loan broker, whose primary 
job 
responsibilities 
include 
direct 
contact 
with 
mortgage 
applicants 
and 
who 
accepts 
applications 
for 
and originates, 
negotiates, solicits, arranges for or obtains mortgage loans. 
"Loan officer" does not include employees who 
conduct purely 
administrative 
or 
clerical 
tasks. 
"Loan 
officer" 
does 
not 
include a sole proprietor licensed as and acting solely as a 
supervised lender pursuant to section 2-302, 
subsection 1 
or 
Fe'§fis~eFeQ licensed as and acting solely as a 
eFee,i~--&e-F-",.i-ees 
eF'§faBisa~ieB loan broker pursuant to section 10-201. 
Sec. B-3. 9-A MRSA art. X, as amended, is further amended by 
repealing the headnote and enacting the following in its place: 
Article X 
LOAN BROKERS 
Sec. B-4. 9-A MRSA §lO-201, as amended by PL 2005, c. 164, §9 
and c. 
274, §5, is repealed and the following enacted in its 
place: 
§lO-201. 
Licensing and biennial relicensing 
A person desiring to engage or continue in business in this 
State as a loan broker shall apply to the administrator for a 
license under this article on or before January 31st of each 
even-numbered year. 
The application must be in a form prescribed 
by 
the 
administrator. 
The 
administrator 
may 
refuse 
the 
application if it contains erroneous or incomplete information. 
At the time of application and on an ongoing basis during the 
term of 
any 
such license, 
the applicant shall apply to 
the 
administrator for registration of all loan officers employed or 
retained by the applicant. 
An application for registration as a 
loan officer 
must 
be 
filed 
in 
a 
manner 
prescribed 
by 
the 
administrator and include the name, address and work location of 
the loan officer and such additional information as is reasonably 
requested by the administrator. 
An applicant's registration of a 
COMMITTEE AMENDMENT 
~.d\~' 
COMMITTEE AMENDMENT "~,, to H.P. 1449, L.D. 2055 
loan officer within 90 days of the date that registration would 
otherwise be required does not constitute a violation of this 
section. 
A license may not be issued unless the administrator, 
upon 
investigation, 
finds 
that 
the 
financial 
responsibility, 
character and fitness of the applicant, and where applicable, its 
partners, officers or directors and the character and fitness of 
its loan officers, warrant belief that the business will be 
operated honestly and fairly within the purposes of this Title. 
The 
administrator 
may 
adopt rules requiring that applicants, 
applicants' 
partners, 
officers or directors 
and 
employees 
of 
applicants 
satisfy 
initial 
and 
continuing 
educational 
requirements. 
The reasonable costs of meeting such educational 
requirements are assessed to applicants. 
Rules adopted pursuant 
to this section are routine technical rules pursuant to Title 5, 
chapter 375, subchapter 2-A. 
The initial application for a license as a loan broker must 
include a fee of $400. 
The biennial relicensing application must 
include 
a 
fee 
of 
$200. 
Initial 
applicants 
and 
biennial 
relicensing applicants must pay an additional fee of up to $20 
for registration of each loan officer, up to a maximum of $200 in 
total. 
A licensee may conduct business only at or from a place of 
business for which the licensee holds a license and not under any 
other name than that on the license. 
A licensed loan broker may conduct business only through a 
loan officer who possesses a current, valid registration. 
A loan 
officer 
must 
be 
registered at 
the 
loan officer's principal 
licensed work 
location and 
may 
then work 
from 
any 
licensed 
location of the loan broker. 
The registration of a loan officer 
is valid only when that person is employed or retained and 
supervised by a licensed loan broker. 
When a loan officer ceases 
to be employed by a licensed loan broker, the loan broker shall 
promptly notify the administrator in writing. 
Sec. B-S. 9-A MRSA §lO-401, first~, as amended by PL 2005, c. 
164, §10 and c. 274, §14, is repealed and the following enacted 
in its place: 
Any loan broker or loan officers of any loan broker that 
violate any provision of this Title or any rule issued by the 
administrator, 
or that through any unfair, 
unconscionable or 
deceptive practice cause actual damage to a consumer, are subject 
to the following: 
Sec. B-6. 9-A MRSA §lO-401, sub-§4, as amended by PL 2005, c. 
164, §11 and c. 274, §14, is repealed and the following enacted 
in its place: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A .. to H.P. 1449, L.D. 2055 
4. 
A civil actiQ1L.J;u>: an aggrieved consumer in which that 
consumer has the right to recover actual damages from the loan 
broker or its loan officers in an amount determined by the court, 
plus costs of the action together with reasonable attorney's 
fees; and 
Sec. B-7. 10 MRSA §9097, sub-§lO, as enacted by PL 1989, c. 
104, Pt. B, §9 and Pt. C, §10, is amended to read: 
10. 
Discrimination 
against 
tenants 
with 
children 
prohibited. 
Discrimination against any tenant with children is 
prohibi ted in accordance with Ti tle ;1,4 .5., 
seet;iG-:a--~Q~+ chapter 
337. 
Sec. B-S. 14 MRSA §251, sub-§3, as amended by PL 1979, c. 663, 
§76, is further amended to read: 
3. 
Trial by jury. Upon demand, the right to a speedy and 
public trial by an impartial jury of the county wherein the 
contempt was allegedly committed. 
This requirement saa±± may not 
be construed to apply to contempts committed in the presence of 
the court or so near thereto as to interfere directly with the 
administration 
of 
justice 
or 
to 
apply 
to 
the 
misbehavior, 
misconduct or disobedience of any officer of the court in respect 
to the writs, orders or process of the court. 
Sec. B-9. 19-A MRS A §1507, sub-§3, as amended by PL 1997, c. 
257, §3 and affected by §6, is further amended to read: 
3. 
Duties. 
The guardian ad litem has both mandatory and 
optional duties. 
A. 
A guardian ad litem shall: 
(1) 
Interview the child face-to-face with or wi thout 
another person present; and 
(3) 
Make a written report of investigations, findings 
and 
recommendations 
as 
ordered 
by 
the 
court, 
with 
copies of the report to each party and the court. 
B. 
The 
court shall specify the optional duties of 
the 
guardian ad litem. 
The optional duties of the guardian ad 
litem may include: 
(1) 
Interviewing 
the 
parents, 
teachers 
and 
other 
people who have knowledge of the child or family; 
COMMITTEE AMENDMENT 
" .• ~. 
COMMITTEE AMENDMENT "~,, to H.P. 1449, L.D. 2055 
(2) 
Reviewing 
mental 
health, 
medical 
and 
school 
records of the child: 
(3) 
Reviewing mental health and medical records of the 
parents: 
(4) 
Having qualified people perform medical and mental 
evaluations of the child; 
(5) 
Having qualified people perform medical and mental 
evaluations of the parents: 
(6) 
Procuring counseling for the child; 
(7) 
Retaining an attorney to represent the guardian ad 
litem in the pending proceeding, with approval of the 
court: 
(8) 
Subpoenaing witnesses and documents and examining 
and cross-examining witnesses; 
(9) 
Serving as a contact person between the parents 
and the child; or 
(10) 
Other duties that the court determines necessary, 
including, but not limited to, filing pleadings. 
If, in order to perform the duties, the guardian --a6-
ad litem 
needs information concerning the child or parents, the court may 
order the parents to sign an authorization form allowing the 
release of the necessary information. 
The guardian ad litem must 
be allowed access to the child by caretakers of the child, 
whether the caretakers are individuals, authorized agencies or 
child care providers. 
Sec. B-I0. 20·A MRSA §6651, sub-§4, as amended by PL 1989, c. 
414, §16, is further amended to read: 
4. 
Cost 
to 
teachers 
and 
other 
employees. 
A 
school 
administrative unit or private school 
may offer school-based 
child care services to teachers and other employees of the unit 
or private school in accordance with a policy established by the 
local 
school 
board 
waiea 
that 
establishes 
the 
basis 
for 
participation. 
The school administrative unit or private school 
shall charge a fee for provision of such services waiea--i-s--aE 
±ea6E-e~Ha±-Ee-Eae-per-eai±e-ee6E-ee~iBee-iB-6HB6eeE~eB-~. 
Sec. B-11. 20·A MRSA § 11805, as amended by PL 1991, c. 824 , 
Pt. A, §36 and repealed by c. 832, §5 and affected by §§13 and 
14, is repealed. 
COMMITTEE AMENDMENT 
~.fb. 
COMMITTEE AMENDMENT "~,, to H.P. 1449, L.D. 2055 
Sec. 8-12. 20-A MRSA §15901, sub-§4, as amended by PL 1999, c. 
81, §6, is further amended to read: 
4. 
School 
construction 
project. 
"School 
construction 
project" means: 
A. 
On-site additions to existing schools; 
B. 
New schools; 
C. 
The cost of land acquired in conjunction with projects 
otherwise defined by this subsection; 
D. 
The 
building of or acquisition of other facilities 
related to the operation of school administrative units: 
E. 
The complete restoration of existing school buildings in 
lieu of replacement when in the judgment of the commissioner 
the action is in the best interest of the State and local 
unit; and 
F. 
Off-site construction may only 
Be--i-nG-~--w-i-t.hl-n--1=Re 
meaB,iB~---G-f..---t.fH.-6---1:eFm 
if, 
in 
the 
judgment 
of 
the 
commissioner, it is economically in the best interests of 
the State or there is no other practical way to complete a 
project. 
"School 
construction 
project" 
does 
not 
mean 
the 
purchase, 
lease-purchase or construction of portable temporary classroom 
space, as defined in section 1999~ 15672, subsection 19-11.-
21-B, 
the lease-purchase of bus garage and maintenance facili tiesy--as 
Qe~:iBeQ--i-n--se-e-j;,.i-G-:a--.J..e.€i.Q~.,-~-1o-n--9-A-
or a permanent space 
lease-purchase project as defined in section 15901, subsection 
4-B. 
Sec. 8-13. 20-A MRSA §15901, sub-§4-A, as amended by PL 1991, 
c. 268, §6, is further amended to read: 
4-A. 
Small scale school construction project. 
school construction project" means 
a project that 
eligible for state subsidy and is limited to: 
"Small scale 
will not be 
A. 
New buildings not exceeding 600 square feet in gross 
area to be utilized solely for storage or custodial work, or 
both: or 
B. 
On-site 
additions 
to 
existing school 
buildings 
not 
exceeding 600 square feet in gross area. 
COMMITTEE AMENDMENT 
t:-'" 
COMMITTEE AMENDMENT "~" to H.P. 1449, L.n. 2055 
"Small 
scale 
school construction project" 
does 
not 
mean 
the 
purchase, 
lease-purchase or construction of portable temporary 
classroom space, as defined in section 1geG6 15672, subsection 
19-A-
2l-B, or the lease-purchase of bus garage and maintenance 
facilitiesT-as-ee~iBee-iB-see~ieB-l§eG6T-saBsee~ieB-e-A-. 
Sec. B-14. 20-A MRSA §15901, sub-§4-B, as enacted by PL 1999, 
c. 81, §7, is amended to read: 
4-B. 
Permanent space lease-purchase project. 
"Permanent 
space 
lease-purchase 
project" 
means 
the 
lease-purchase 
of 
permanent 
administrative 
space 
or 
permanent 
small 
nonadministrative or instructional space whose costs are wholly 
or partially eligible as debt service costs for subsidy purposes 
under 
section 
±eeG6 
15672, 
subsection --s-
2-A, 
paragraph 
B, 
subparagraph 
(1) 
or 
subparagraph 
(3). 
"Permanent 
space 
lease-purchase 
project It 
does 
not 
mean 
the 
purchase, 
lease-purchase or construction of portable temporary classroom 
space, as defined in section leeG6 15672, subsection 19-A-
2l-B, 
or the lease-purchase of bus garage and maintenance facili tiesT 
a6-Qe~iBeQ-iB-6eeEieB-l99Q~T-6aB6eeEieB-9-A-. 
Sec. B-15. 20-A MRS A §15904, sub-§6, as enacted by PL 1999, c. 
81, §12, is amended to read: 
6. 
Permanent space lease-purchase projects. 
A permanent 
space 
lease-purchase 
project, 
as 
defined 
in 
section 
15901, 
subsection 4-B, whose costs are wholly eligible as debt service 
costs 
for 
subsidy 
purposes 
under 
section 
leeG6 
15672, 
subsection -8-
2-A, paragraph B must receive a favorable vote of 
the 
legislative 
body 
of 
the 
school 
administrative 
unit. 
A 
permanent space lease-purchase project whose lease-purchase costs 
are not eligible as debt service costs for subsidy purposes under 
section leeQ6 15672, subsection -8- 2-A, paragraph B must receive 
a favorable vote of the legislative body conducted in accordance 
with this section, except that subsection 4 does not apply. 
The 
vote may authorize the school board or school committee to enter 
into a mortgage, security interest or other encumbrance on the 
permanent space lease-purchase project determined to be necessary 
for the permanent space lease-purchase project. 
Sec. B-16. 20-A MRSA §15905, sub-§7, as enacted by PL 1997, c. 
397, §l, is amended to read: 
7. 
Interest-only interim local financing. 
Notwithstanding 
any provision of law or rule to the contrary, the state board may 
accelerate the dates on which it grants concept approval 
and 
funding approval for a school construction project that has been 
placed on the special priority list of the state board on the 
condition 
that 
the 
school 
administrative 
unit 
provide 
COMMITTEE AMENDMENT 
.... 
COMMITTEE AMENDMENT "~,, to H.P. 1449, L.D. 2055 
interest-only 
interim 
local 
financing 
for 
the 
project 
in 
accordance with this subsection. 
The period of interest-only 
interim local financing must be determined by the state board at 
the time concept approval is granted for a project and must be 
based on the time difference between the date that final funding 
approval is expected to be granted on an accelerated basis and 
the date that final funding approval would have been expected to 
be granted in the normal course. 
The period of interim local 
financing for a project may not exceed 5 years. 
Notwi thstanding any provision of law or rule to the contrary, a 
school administrative unit, 
including a 
school administrative 
unit established by private and special law, authorized to issue 
securities 
for 
school 
construction 
purposes 
may 
issue 
its 
securities for school construction purposes on an interest-only 
basis during a period of interest-only interim local financing 
approved by the state board in accordance with this subsection. 
The period of interest-only interim local financing must precede, 
and be in addition to, the periods for interest payments and 
principal payments otherwise established pursuant to the school 
construction rules of the state board. 
The length of the period 
of interest-only interim local financing and the length of the 
debt 
service 
schedule 
otherwise established must 
be 
clearly 
stated on the face of the securities. 
The interest-only payments made by a school administrative unit 
during the period of interim financing must be paid from local 
funds without state participation and may not be included in the 
unit's 
debt 
service 
costs 
for 
state 
subsidy purposes 
under 
section *seQ6 
15672, 
subsection --S-
2-A. 
Such interest-only 
payments during the period of interim local financing may not be 
considered debt service costs as defined in section *seQ6 15672, 
subsection --~-,--~~~~pB--A 2-A for purposes of calculating 
amounts subject to the debt service limit established by this 
section 1§9Q§T-s~aseeEieR-IT-FaFa~FaFh-A. 
The referendum question that is submitted to the voters for a 
project subject to interest-only interim local financing under 
this subsection must include, 
in addition to the information 
required by section 15904, an informational statement that sets 
forth the length of the period of interest-only interim financing 
established by 
the 
state board, 
an 
estimate 
of 
the 
annual 
interest cost during the period of interest-only interim local 
financing and a statement that the interest-only payments during 
the period of 
interim 
local 
financing is 
not eligible 
for 
inclusion 
in 
the 
debt 
service 
allocation 
of 
the 
school 
administrative unit for 
purposes of calculating state school 
construction subsidy to the unit. 
COMMITTEE AMENDMENT 
.... t. 
COMMITTEE AMENDMENT "A" to H.P. 1449, L.D. 2055 
The maximum period that securities for 
a 
school construction 
project may be outstanding under any applicable statute or rule 
must be extended by the length of the period of interest-only 
interim local financing approved by the state board under this 
subsection. 
If the voters of a school administrative unit do not vote to 
approve a school construction project subject to interest-only 
interim local financing under this subsection, the unit's school 
construction project remains eligible for concept and funding 
approval from the state board at the time that the project would 
be 
eligible 
for 
such 
approval 
without 
interest-only interim 
location funding. 
Sec. B·17. 22 MRSA §2700·A, sub·§4, as amended by PL 2005, c. 
589, §2, is further amended to read: 
4. 
Fees. 
Beginning April 1, 2006, each manufacturer of 
prescription drugs that are provided to Maine residents through 
the 
MaineCare 
program 
under 
section 
3174-G 
or 
the 
elderly 
low-cost drug program under section 694 254-D shall pay a fee of 
$1,000 per calendar year to the State. 
Fees collected under this 
subsection 
must 
be 
used 
to 
cover 
the 
cost 
of 
overseeing 
implementation of this section, 
including but not limited to 
maintaining 
links 
to 
publicly 
accessible 
websites 
to 
which 
manufacturers 
are 
posting 
clinical 
trial 
information 
under 
subsection 3 and other relevant sites, assessing whether and the 
extent to which Maine residents have been harmed by the use of a 
particular drug and undertaking the public education initiative 
under subsection 5. 
Revenues received under this subsection must 
be deposited into an Other Special Revenue Funds account to be 
used for the purposes of this subsection. 
Sec. B·18. 22 MRSA §7703, sub-§4, ~F, as enacted by PL 1983, c. 
691, §2, is amended to read: 
F. 
The 
Protection 
and 
Advocacy 
Agency 
for 
the 
Developmentally 
Disabled 
in 
Maine 
in 
connection 
with 
investigations conducted in accordance with Title 5, chapter 
gel 511. 
The determination of what information and records 
are relevant to the investigation SRad.d. must be made by 
agreement between the department and the agency; and 
Sec. B·19. 24·A MRSA §3703, sub-§5, as amended by PL 1997, c. 
661, §5, is further amended to read: 
5. 
Composition of the board. 
The board consists of up to 9 
members. 
Six members must be officers, directors, 
employees, 
partners 
or 
members 
of 
policyholders 
who 
purchase 
workers' 
compensation coverage from the Maine Employers' Mutual Insurance 
COMMITTEE AMENDMENT 
"ll'/J· 
COMMITTEE AMENDMENT .. A .. to H.P. 1449, L.D. 2055 
Company. 
Two members must be persons who represent the public 
interest of the company and must be appointed by the Governor 
within 30 days after a 
new board member is authorized or a 
vacancy occurs, 
subject to 
review and 
comment 
by 
the 
joint 
standing committee of the Legislature having jurisdiction over 
banking and insurance matters. 
The designated committee shall 
complete its review within 15 days of the Governor's written 
notice of appointment. 
If the designated committee fails to act 
wi thin the required 15 days, then the appointees put forward by 
the Governor become the required board members. 
One member must 
be an at-large policyholder member elected by the board. 
The 
rema~n~ng board member 
is the president and chief executive 
officer who shall serve on the board of directors while employed 
as president and chief executive officer. 
The reduction in the 
number of board members from 13 to 9 must be done by attrition. 
The first 4 appointments to expire after September 1, 1998 may 
not be filled. 
A member of the board may not be a lobbyist required to be 
registered with the 
£eel?e1:aF-y-e~-£t;.at;.e Commission on Governmental 
Ethics and Election Practices, a service provider to the workers' 
compensation system or a representative of a service provider to 
the workers' compensation system. 
Sec. B·20. 24·A MRSA §6908, sub·§12, as enacted by PL 2005, c. 
400, Pt. A, §5, is reallocated to 24-A MRSA §6908, sub-§13. 
Sec. B·21. 28·A MRSA §1551, sub·§3, ~F, as amended by PL 2005, 
c. 377, §2, is further amended to read: 
F. 
Ma4Re---~al?ffi 
Farm 
winery, 
includes 
bottling 
(one 
year) ................................................. $50; 
Sec. B·22. 28·A MRSA §2077.A, as amended by PL 1997, c. 373, 
§§157 and 158 and repealed by c. 501, §S, is repealed. 
Sec. B·23. 29·A MRSA §2413, sub·§3, as amended by PL 2005, c. 
12, Pt. JJ, §2 and c. 441, §2, is repealed and the following 
enacted in its place: 
3. 
Penalties. 
In addition to any other penalty, the court 
shall suspend the driver's license of a person convicted under 
subsection 1 for not less than 30 days nor more than 180 days, 
which minimum may not be suspended. 
In addition to any other 
penalty, the court shall suspend the driver's license of a person 
convicted under subsection I-A for not less than 180 days nor 
more than 2 years, which minimum may not be suspended. 
If the 
court fails to suspend the license, the Secretary of State shall 
impose the minimum period of suspension. 
The court shall impose 
COMMITTEE AMENDMENT 
~~~. 
COMMITTEE AMENDMENT "A " to H.P. 1449, L.D. 2055 
a sentencing alternative that involves a fine of not less than 
$575, which may not be suspended. 
Sec. B-24. 30-A MRSA §5703, sub-§2, 1fB, as amended by PL 1989, 
c. 700, Pte A, §129, is further amended to read: 
B. 
For school construction projects approved by the State 
Board of Education after July L 
1985, by multiplying the 
outstanding amount of each issue of debt incurred for school 
purposes by the municipality in connection with a project 
wEiieEi .thM qualifies for state school construction subsidy 
under Title 20-A and the state share percentage of operating 
costs 
for 
that municipality 
as 
defined 
in Title 
20-A, 
section 
±esQ9 
15672, 
subsection 
h---par-agi'-aph---A-
ll, 
s~BpaFa~FapEi-+l+r for the year in which the project received 
concept approval from the State Board of Education. 
(1) 
The certificate of the Commissioner of Education 
that a project qualifies for state school construction 
aid and as to the state share percentage of operating 
costs for that municipality as defined in Title 20-A, 
section 
;!,§eQ9 
15672, 
subsection 
lr---pa-r-agr-aph---A T 
s~apaFB~FBpa-+l+ 1I, for the year in which the project 
received 
concept 
approval 
saBl-l---ae' is 
conclusive 
evidence of the facts stated therein. 
Sec. B-25. 34-A MRS A §1402, sub-§4, 1fA, as enacted by PL 1983, 
c. 459, §6 and amended by PL 2005, c. 397, Pt. D, §3, is further 
amended to read: 
A. 
The commissioner shall establish and maintain suitable 
courses 
for 
career 
and 
technical 
education 
in 
the 
correctional facilities. 
(1) 
The commissioner shall install equipment necessary 
to carry out this duty. 
( 2 ) 
The 
commissioner 
shall 
employ 
sui table 
and 
qualified instructors necessary to carry out this duty, 
subject to the approval of the 
Assgej,.B~e-£effiffi-iss-ieReF 
eE--&he-~~-~--Ve€a~-ieRa±--Ea~eatieR Department of 
Education. 
Sec. B-26. 34-A MRSA §3001-A is enacted to read: 
§3001-A. 
Boards of visitQrs 
1. 
Appointment. The Governor shall appoint a board of 5 
visitors for each correctional facility under the department. as 
authorized by Title 5, section 12004-I, subsection 5. 
Page ll-LR3065(2) 
COMMITTEE AMENDMENT 
~6~ 
COMMITTEE AMENDMENT "A" to H.P. 1449, L.D. 2055 
A. 
The terms of the members of the boards of visitors are 
for 3 years. 
B. 
Members of the boards of visitors are eligible for 
reappointment at the expiration of their terms. 
c. 
A member of the Legislature or 
an employee of the 
department may not serve on any board of visitors. 
D. 
At least one member of each board must be 
a person 
licensed by this State to provide mental health services. 
E. 
Each 
member 
of 
the 
boards 
of 
visitors 
must 
be 
compensated according to the provisions of Title 5, chapter 
.l1Jh 
F. 
The Governor shall appoint a chair from the membership. 
2. 
Duties. Boards of visitors have the following duties. 
A. 
Each board of visitors shall inspect the correctional 
facility to which it is assigned. 
Each board of visitors 
must be provided open access to all physidal areas of the 
correctional facility, 
including access to 
areas housing 
clients. 
Each 
board 
of 
visitors 
must 
be 
provided 
the 
opportunity to speak to clients and to staff. 
Members ot 
the board shall comply with all departmental policies and 
procedures and facility security practices regarding access 
to the correctional facility, 
shall adhere to all federal 
and state 
law regarding confidentiality and shall 
refer 
concerns or complaints regarding specific individuals to the 
chief administrative officer or advocate. 
B. 
Each board of visitors shall review the management of 
the 
correctional 
facility 
to 
which 
it is 
assigned 
to 
determine whether that management is consistent with the 
philosophy, mission and policy goals of the department and 
facility. 
Each board of visitors shall prepare an annual 
report 
including 
its 
recommendations 
and 
shall 
provide 
copies of its report to the chief administrative officer of 
the 
facility, 
the 
commissioner 
and 
the 
joint 
standing 
committee 
of 
the 
Legislature 
having 
jurisdiction 
over 
criminal 
justice 
and 
public 
safety 
matters. 
The 
commissioner 
shall 
provide 
copies 
with 
the 
department's 
response to the reports to the joint standing committee of 
the Legislature having jurisdiction over criminal justice 
and public safety matters within one month of receiving the 
annual reports. 
COMMITTEE AMENDMENT 
\,d\" 
COMMITTEE AMENDMENT .. A .. to H.P. 1449, L.D. 2055 
C. 
Each board of visitors shall appear before the joint 
standing committee of the Legislature having jurisdiction 
over criminal justice and public safety matters upon request. 
D. 
Boards of visitors shall meet regularly and at least 4 
times a year. 
At each meeting, 
a board of visitors may 
reg;uest 
and 
must 
receive 
information 
from 
the 
chief 
administrative officer as the board determines will assist 
in the review of the management of the facility. 
To the 
extent that a board of visitors is not discussing matters 
made 
confidential by federal or state 
law, 
meetings 
of 
boards 
are public proceedings 
and must 
be 
conducted in 
accordance with Title L 
section 403. 
Boards of visitors 
may meet jointly. 
E. 
Each board of visitors shall share copies of that 
board's annual report with the other boards. 
3. 
Visit to correctional facilities and communications with 
clients and staff. 
A member of a board of visitors may visit the 
correctional facility to which that board is assigned and may 
speak with clients and with staff. 
The member shall comply with 
all departmental policies and procedures and facility security 
practices regarding access to the correctional 'facility, shall 
adhere to all federal and state law regarding confidentiality and 
shall refer concerns or complaints regarding specific individuals 
to the chief administrative officer or advocate. 
4. 
Volunteer activities. 
Volunteer activities of a member 
of a board of visitors may be proscribed by departmental policies 
regarding volunteer activities generally. 
Sec. B-27. 34-A MRSA §3002, as amended by PL 2005, c. 488, 
§lO, is repealed. 
Sec. B-28. 34-A MRSA §11222. sub-§l-A, lIA, as amended by PL 
2005, c. 423, §14, is further amended to read: 
A. 
If the registrant is sentenced to a wholly suspended 
sentence with probation or administrative release, or to a 
punishment alternative not involving imprisonment, the duty 
to register is triggered at the time the person commences 
a~ 
in actual execution of the wholly suspended sentence or at 
the 
time 
of 
sentence 
imposition 
when 
no 
punishment 
alternative involving imprisonment is imposed, 
unless the 
court orders a stay of execution, in which event the duty is 
triggered by the termination of the stay. 
Page l3-LR3065(2) 
COMMITTEE AMENDMENT 
~ 
~: 
COMMITTEE AMENDMENT" A" to H.P. 1449, L.D. 2055 
Sec. B-29. 34-B MRSA §1409, sub-§l, ~C, as amended by PL 2005, 
c. 256, §2 and repealed by c. 457, Pt. NN, §4 and affected by §8, 
is repealed. 
Sec. B-30. 34-B MRSA §1409, sub-§l, ~D is enacted to read: 
D. 
"State institution," for purposes of this section and 
this section only, includes the Homestead facility. 
Sec. B-3l. 36 MRSA §2908, as amended by PL 2005, c. 260, §1 
and repealed and replaced by c. 332, §16, is repealed and the 
following enacted in its place: 
§2908_ Refund of tax in certain cases: time limit 
A person who purchases and uses internal combustion engine 
fuel for any commercial use other than in the operation of a 
registered motor vehicle on the highways of this State or, except 
as provided in section 2910, in the operation of an aircraft and 
who has paid the tax imposed by this chapter on that fuel is 
entitled to reimbursement in the amount of the tax paid, less 1¢ 
per gallon, upon presenting to the State Tax Assessor a sworn 
statement accompanied by the original invoices or other evidence 
as the assessor may require. The statement must show the total 
amount of internal combustion engine fuel so purchased and used 
by that person for a commercial use other than in the operation 
of registered motor vehicles on the highways of this State or in 
the operation of aircraft. 
A refund application on a form prescribed by the State Tax 
Assessor must 
be filed to 
claim 
a 
refund pursuant to 
this 
section. Interest must be paid at the rate determined pursuant to 
section 186, calculated from the date of receipt of the monthly 
claim, for all proper claims not paid within 30 days of receipt. 
Applications for refunds must be filed with the assessor within 
months from the date of purchase. 
All fuel that gualifies for a refund under this section is 
subject to the use tax imposed by chapter 215. 
PARTC 
Sec. C-l. 5 MRSA §121, 
as amended by PL 1975, c. 771, §34, 
is further amended to read: 
S12l. 
Office; bond; salary; deputy; fees 
The Treasurer of State shall keep his tb& office at the seat 
of government and give the bond required by the Constitution to 
the State of Maine, with 2 or more surety companies authorized to 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A " to H.P. 1449, L.D. 2055 
transact business ~he~eia in the State, as sureties, in the penal 
sum of not less than $500,000. Each surety company shall give 
bond for only a fractional part of the total penal sum and shall 
be held responsible for its proportional share of any loss. 
The Treasurer of State sha** may not receive Be any other 
fee, emolument or perquisite in addition to his the salary. 
The chief clerk in the office of the Treasurer of State 
sha~.J.--.ee is designated as "deputy treasurer of state." In the 
event of a vacancy in the office of Treasurer of State, the 
deputy treasurer of state shall act as the Treasurer of State 
until a Treasurer of State is elected by the Legislature, and the 
deputy treasurer shall give bond to the State, with sureties, to 
the satisfaction of the Governor for the faithful discharge of 
the trust. 
];)1:l~ia~ In the event of the absence or disability of 
the Treasurer of State, the deputy treasurer of state shall act 
as the Treasurer of State to perform the duties of the officeL 
including the exercise of all the Treasurer of State's rights and 
obligations as a member or ex officio member of any governing 
board of directors. WheB-a-¥~~£~y-~~~~-~~~~~~~-.eeBa-~e 
~he-~~~--wi~h-~~~~~~~--~-~£e-~~~~-ef-~~-Ge¥e~BeFT 
fe~-~he-fai~hf1:l*-Qi6eha~~e-ef-hi6-~F1:l6~T 
Sec. C-2. 5 MRS A §2031. sub-§l. as amended by PL 2005, c. 343, 
§1, is further amended to read: 
1. 
Council established. The Pharmaceutical Cost Management 
Council, 
referred 
to 
in this 
chapter 
as 
"the 
council," 
is 
established and consists of *9 16 voting members appointed by the 
Governor as follows: 
A. 
The 
Commissioner 
of 
Administrative 
and 
Financial 
Services or the commissioner's designee; 
B. 
The Commissioner of Health and Human Services or the 
commissioner's designee; 
C. 
The 
Executive Director of the Workers' 
Compensation 
Board or the executive director's designee; 
D. 
One 
representative 
of private 
payors 
who 
join 
the 
council; 
E. 
Qae-mem:eeF-fFem--€-aGh--ef Four members representing the 
following publicly funded groups: 
(1) 
~he Two 
members 
from the Maine state employees 
health insurance program, one member representing labor 
and one member representing management; 
COMMITTEE AMENDMENT 
~~.~. 
" 
:'\~ 
COMMITTEE AMENDMENT "A" to H.P. 1449, L.D. 2055 
(2) 
±Re 
One 
member 
from 
the University of 
Maine 
System; and 
(3) 
±Re One member from the Maine Community College 
System; 
F. 
The director of the Governor's Office of Health Policy 
and Finance or the director's designee or the director of a 
successor agency; 
G. 
Two public purchasers not listed above; 
H. 
A health care provider; 
I. 
A clinical pharmacist; and 
J. 
Three consumers of heal th care services, one of whom 
represents 
a 
statewide 
organization 
that 
advocates 
for 
enrollees in a publicly funded health program that includes 
comprehensive prescription drug benefits. 
Representatives of municipal or county governments, 
the Maine 
Education 
Association's 
benefits 
trust, 
the' 
Maine 
School 
Management 
Association's 
benefits 
trust 
and 
other 
public 
purchasers not listed in this subsection and private purchasers 
may be allowed to join the council as nonvoting members and to 
participate in savings opportunities. 
Sec. C-3. 8 MRSA §300-A, sub-§l, as enacted by PL 2005, c. 
304, §l, is amended to read: 
1. 
Illegal wagering on horse races. 
A person is liable for 
the damages specified in this section if that person accepts a 
wager eeaee~aia~-aa~aess-~aeia~ from a person located within this 
State ~a*e66-~~e-~~~~-~-~~-wa~e~-4~-~~~~~~~-6e 
~aQe~-tais-eRaFte~T and: 
A. 
A license is reguired under this chapter to accept the 
wager; and 
B. 
The person who accepts the wager is not licensed to do 
so under this chapter. 
Sec. C-4. 10 MRSA §1415-C, sub-§6, as amended by PL 1991, c. 
824, Pt. A, §14, is further amended to read: 
6. 
Waiver 
application. 
A 
subsection 4 must be submitted to 
beffiffi~aity-Peve±eFffieat commission 
request 
for 
a 
waiver 
under 
the PeFat~ffieB~-~-~~~-aaQ 
in writing and must contain the 
COMMITTEE AMENDMENT 
".~~ 
COMMITTEE AMENDMENT .. A .. to H.P. 1449, L.D. 2055 
location of the renovation, the intended use of the building and 
the names of the owner, designer and contractor or builder. 
If 
applying for a waiver under the historic preservation provisions 
of subsection 4, information on the historic character of the 
building must be provided to the eemmissieBeF commission. 
If 
applying for a waiver under the economic hardship provisions of 
subsection 4, information on the economic infeasibility must be 
provided to the eemmissieBe~ commission. 
Sec. C-S. lS-A MRSA §3-10S, as repealed and replaced by PL 
1983, c. 256, is amended to read: 
§3-108. 
Probate, testacy and appointment proceedings; ultimate 
time limit 
(a) 
For 
QeeeQeBt~s a decedent dying on or after January 1, 
1981, 
no informal probate or appointment proceeding or formal 
testacy or appointment proceeding, other than a proceeding to 
probate a will previously probated at the testator's domicile and 
appointment proceedings relating to an estate in which there has 
been a prior appointment, may be commenced more than 3 years 
after the decedent's death, except: 
(1) 
If a previous proceeding was dismissed because of doubt 
about the fact of the decedent's death, appropriate probate, 
appointment or testacy proceedings may be maintained at any 
time thereafter upon a finding that the decedent's death 
occurred prior to the initiation of the previous proceeding 
and the applicant or petitioner has not delayed unduly in 
initiating the subsequent proceeding; 
(2) 
Appropriate probate, appointment or testacy proceedings 
may be maintained in relation to the estate of an absent, 
disappeared or missing person for whose estate a conservator 
has been appointed, at any time wi thin 3 years after the 
conservator becomes 
able to establish the death of 
the 
protected person; and 
(3) 
A proceeding to contest an informally probated will and 
to secure appointment of the person with legal priority for 
appointment in the event the contest is successfulT may be 
commenced within the later of 12 months from the informal 
probate 
or 
years 
from 
the 
decedent's 
death. 
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wi±±s-~--Ge~~miBe-~~~-~~-aB--1nt~~~r--±B-~-~Bae~ 
~a~a~~a~R--~~~-~~--~~~r-~~-~~-~-w~~£--a--te6ta€y--eF 
a~peiBtmeBt-p£e€eeQiB~-~~-~~~~~~~~-Be-aeemea 
te-Be-~Be-.Qa.t-e-~-~-he-~'-&-dea-t-h--E-e-F--F~~Fe&e&-e~-etReF 
±imitatieBS-pFevi6ieB6-e~-~£i~-~~i~~-~1at~-~-~Re-aate 
eE-EieatR ... 
COMMITTEE AMENDMENT 
~~. 
1,8 
COMMITTEE AMENDMENT "A" to H.P. 1449, L.D. 2055 
These 
limitations 
do 
not 
apply 
to 
proceedings 
to 
construe 
probated wills or determine heirs of an intestate. 
In cases 
under paragraph (1) 
or (2), 
the date on which a 
testacy or 
appointment proceeding is properly commenced is deemed to be the 
date of the decedent's death for purposes of other limitations 
provisions of this Code that relate to the date of death. 
(b) 
For eeeeeeBt~6 a decedent dying before January 1, 1981, 
no informal probate or appointment proceeding or formal testacy 
or appointment proceeding, other than a proceeding to probate a 
will 
previously 
probated 
at 
the 
testator's 
domicile 
and 
appointment proceedings relating to an estate in which there has 
been a prior appointment, may be commenced more than 20 years 
after the decedent's death, except: 
(1) 
If a previous proceeding was dismissed because of doubt 
about the fact of the decedent's death, appropriate probate, 
appointment or testacy proceedings may be maintained at any 
time thereafter upon a 
finding that the decedent's death 
occurred prior to the initiation of the previous proceeding 
and the applicant or petitioner has not delayed unduly in 
initiating the subsequent proceeding; 
(2) 
Appropriate probate, appointment or testacy proceedings 
may be maintained in relation to the estate of an absent, 
disappeared or missing person for whose estate a conservator 
has 
been 
appointed 
at 
any 
time 
within 
the 
applicable 
limitation period, as set forth in this section, which shall 
begin to run after the conservator becomes able to establish 
the death of the protected person; and 
(3) 
A proceeding to contest an informally probated will T 
and to secure appointment of the person with legal priority 
for appointment in the event the contest is successfulr may 
be commenced within the later of 12 months from the informal 
probate or the running of the applicable limitation period. 
~he6e-~~~i~~~~-ee-~-aFF1Y-~~-FFeeeeeiB~6-~~-eeBs~F~e 
FFeBatee-wi~~s-~~-~~~~~~~~-~-~~~&~~r--~a-ea6e6 
YBeeF-pa~~~~~pa-~-~~-~F-{~~7-~~~~-eB-wh~€h-~-~&~aGy-eF 
aFFeiR~ffieR~-pEe€eee4a~-~~-~~~~~~~~-Be-eeeffiee 
~e-.£>e-~-he--Ga1;e--ei--t~~'-Er-eeat:;h-.f~~--pIH'~~E--~he 
1iffii~a~ieB6-pEev464ea6-~.f--t£~~-~~~i~~-r~~~-~-t:;He-ea~e 
eii-eeath-r 
These 
limitations 
do 
not 
apply 
to 
proceedings 
to 
construe 
probated wills or determine heirs of an intestate. 
In cases 
under paragraph 
(1) 
or 
(2), 
the date on which 
a 
testacy or 
appointment proceeding is properly commenced is deemed to be the 
COMMITTEE AMENDMENT 
?,.~ .. 
COMMITTEE AMENDMENT .. ~ .. to H.P. 1449, L.D. 2055 
date of the decedent's death for purposes of the limitations 
provisions of this Code that relate to the date of death. 
Sec. C-6. 18·A MRS A §3-703, sub-§(a), as amended by PL 1997, c. 
73, §§l and 2 and affected by §4, is further amended to read: 
(a) 
A personal representative is under a duty to settle and 
distribute the estate of the decedent in accordance with the 
terms of any probated and effective will and this Code, and as 
expeditiously and efficiently as is consistent with the best 
interests of the estate. 
The personal representative shall use 
the authority conferred upon the personal representative by this 
Code, the terms of the will, if any, and any order in proceedings 
to 
which 
the personal 
representative is party for 
the 
best 
interests of successors to the estate. 
A personal representative 
is a fiduciary who shall observe the standards of care applicable 
to trustees as described in 
seet:j,.e-a-.:;r-~Gd Title lS-B, sections 
802, 803, 805, 806 and 807 and Title l8-B, chapter 9, except as 
follows. 
(1) 
A personal representative, in developing an investment 
strategy, shall take into account the expected duration of 
the period reasonably required to effect distribution of the 
estate's assets. 
(2) 
Except as provided in section 
paragraphs (1) and (2), a personal 
distribution of an estate's assets 
accordance with the devisees' best 
required either to liquidate the 
preserve them for distribution. 
3-906, subsection (a), 
representati ve may make 
in cash or in kind, in 
interests, and is not 
estate's assets or 
to 
(3) 
If all devisees whose devises are to be funded from the 
residue of an estate agree, in a written instrument signed 
by 
each 
of 
them 
and 
presented 
to 
the 
personal 
representative, 
on 
an 
investment 
manager 
to direct 
the 
investment of the estate's residuary assets, the personal 
representative may, but need not, rely on the investment 
advice of the investment manager so identified or delegate 
the investment management of the estate's residuary assets 
to such manager and, 
in either case, 
may pay reasonable 
compensation to the manager from the residue of the estate. 
A personal representative who relies on the advice of, or 
delegates management discretion to, an investment manager in 
accordance with the terms of this section is not liable for 
the investment performance of the assets invested in the 
discretion of, or in accordance with the advice of, 
such 
investment manager. 
COMMITTEE AMENDMENT 
W 
COMMITTEE AMENDMENT "A" to H.P. 1449, L.D. 2055 
Sec. C-7. 18-B MRSA §105, sub-§3, as enacted by PL 2005, c. 
184, §6, is amended to read: 
3. 
Waiver or modification. 
The 
settlor, 
in the trust 
instrument or in another writing delivered to the trustee, may 
waive or modify the duties of 
a 
trustee under section 813, 
subsection 1 or 2 to give notice, information and reports to 
qualified beneficiaries By in either or both of the following 
ways: 
A. 
Waiving or modifying such duties as to all qualified 
beneficiaries except the settlor's surviving spouse during 
the lifetime of the settlor or the lifetime of the settlor's 
surviving spouse; and 
B. 
Designating a person or persons, any of whom mayor may 
not be a beneficiary, to act in good faith to protect the 
interests 
of 
the 
qualified 
beneficiaries 
who 
are 
not 
recelvlng notice, information or reports and to receive any 
notice, information or reports required under section 813, 
subsection 
or 
in 
lieu 
of 
providing 
such 
notice, 
information or reports to the qualified beneficiaries. 
The 
person or persons designated under this paragraph are deemed 
to be representatives of the qualified beneficiaries not 
receiving notice, information or reports for the purposes of 
the time limitation for a beneficiary to commence an action 
against the trustee for breach of trust as provided in 
section 1005, subsection 1. 
REVISED MAINE COMMENT §105 
Subsection 2, paragraph H has been changed by adding the 
word "qualified" before "beneficiary". 
The change is consistent 
with section 813, 
subsection 1, 
which, 
as adopted in Maine, 
requires that a trustee respond to a "qualified beneficiary's" 
request for trustee's reports and other information reasonably 
related to the administration of a trust. 
Notwithstanding the 
trustee's duty under section 813, subsection 2, paragraphs Band 
C 
to provide qualified beneficiaries with notice of certain 
information about the trust, under subsection 105, subsection 2, 
paragraph H a settlor may, by the terms of the trust, prohibit 
the trustee from notifying a qualified beneficiary who has not 
yet attained 25 years of age, of the existence of the trust, of 
the identity of the trustee and of the qualified beneficiary's 
right to request trustee reports. 
However, 
once 
a 
qualified 
beneficiary attains 25 years of age, the only way the qualified 
beneficiary may be "kept in the dark" as to the existence of the 
trust is 
for 
the 
settlor 
comply with 
subsection 
3. 
Under 
subsection 3 a settlor has two alternatives available for waiving 
COMMITTEE AMENDMENT 
~.~ 
COMMITTEE AMENDMENT "~,, to H.P. 1449, L.D. 2055 
or 
modifying 
the 
duties 
of 
a 
trustee 
under 
section 
813, 
subsection 1 or 2. 
The first alternative under subsection 3 
allows the settlor to waive or modify the trustee's duty to give 
notice, information and reports to qualified beneficiaries during 
the lifetime of the settlor or the lifetime of the settlor's 
surv~v~ng spouse. 
For example, if the settlor creates an inter 
vivos irrevocable trust for the benefit of his descendants, the 
settlor may direct the trustee not to provide information about 
the tryst or its existence to any of the descendants, regardless 
of age, during the settlor's lifetime. 
Or, if the settlor's will 
or revocable trust creates a trust for the benefit of his spouse, 
with the remainder to be distributed to his descendants at the 
death of his spouse, the settlor may direct the trystee not to 
provide information about the trust or its existence to any of 
his descendants, regardless of age, during the lifetime of his 
surviving spouse. 
The alternative means available for a settlor to waive or modify 
the duties of a trustee under section 813, subsection 1 or 2 to 
give notice, information and reports to qualified beneficiaries 
is for the settlor to name a person or persons to receive trustee 
reports on behalf of the qualified beneficiary as--pi'-(W-Hle-d--in 
syBseet:.1ea-6. 
The "protector" named in subsection 3 must act in 
good faith to protect the interests of the qualified beneficiary 
on whose behalf the protector is receiving trust information. 
Subsection 3 is not a 
uniform provision of the Uniform Trust 
Code. 
Maine added subsection 3 as a means to provide settlors 
with an option to prevent disclosure of the existence of the 
trust 
and 
details 
of 
the 
trust 
administration 
to 
qualified 
beneficiaries. 
A 
settlor 
has 
the 
power 
to 
prohibit 
the 
disclosure of the existence of the trust and details of the trust 
administration to all non-qualified beneficiaries without 
the 
need to name a third person to receive such information on behalf 
of 
the beneficiaries. 
Note 
that 
a 
settlor may 
not 
name 
a 
protector to receive notice, information or reports in lieu of 
providing the notice, 
information or reports directly to the 
settlor's surviving spouse. 
The UTC has built into its default provisions a hierarchy of 
rights 
relating 
to 
providing 
various 
beneficiaries 
with 
information about a trust. The default provisions will govern 
unless the settlor chooses to modify them by the terms of the 
trust document: 
i. 
Some 
classes 
of 
beneficiaries 
have 
a 
right 
to 
information whether they request it or not (e.g., 
under 
section 
813, 
subsection 
distributees 
or 
permissible 
distributees of trust income or principal have aright to 
receive annual reports without request). 
COMMITTEE AMENDMENT 
\\.G\\t 
COMMITTEE AMENDMENT "~,, to H.P. 1449, L.D. 2055 
ii. 
Other beneficiaries have a 
told of their right to request 
section 
813, 
subsection 
2, 
beneficiaries have to be informed 
a copy of the trust instrument and 
right to be affirmatively 
information (e.g., 
under 
paragraph 
C 
qualified 
of their right to request 
of trustee's reports). 
iii. 
Nonqua1ified beneficiaries have a right to obtain a 
copy of the trust instrument only if they request a copy, 
but a trustee is under no affirmative obligation to inform 
them of the existence of the trust or of their right to 
request a copy: the non-qualified beneficiaries are on their 
own to learn of the existence of the trust (see section 813, 
subsection 2, paragraph A). 
Section 105 permits the settlor, by the terms of the trust, 
to alter the beneficiaries' rights and trustee's duties under 
section 813, except as specified in section 105, subsection 2, 
paragraphs H and I. 
Sec. C-S. 30-A MRSA §2652, sub-§l, ~~C and D, as amended by PL 
1993, c. 405, §1, are further amended to read: 
C. 
Affidavit establishing or correcting a record of birth, 
marriage or death as provided by Title 22, sections 2705 and 
2764, $4; 
(1) 
Issuance of a copy of the record to the applicant, 
$+ tlQ for the first copy and $6 i2 for each additional 
copy; 
D. 
Affidavit legitimating a birth as provided by Title 22, 
section 2765, $4; 
(1) 
Issuance of a copy of the amended birth record to 
the applicant, $1 ~ 
for the first copy and $6 ~ for 
each additional copy; 
Sec. C-9. 32 MRSA §82, sub-§l, as amended by PL 1995, c. 161, 
§l-A, is further amended to read: 
1. 
Licenses required. 
An 
ambulance service, 
ambulance, 
nontransporting emergency medical service or emergency medical 
services person may not operate or practice unless duly licensed 
by 
the 
Emergency 
Medical 
Services' 
Board 
pursuant 
to 
this 
chapter, except as stated in subsection 2. 
AB--~~r--amB~~~R€e---~r~~~r--~~~~~~--effier~eBey 
ffiea~ea±-~~~~r-eme£~eB€y-~~~-&eFViee&-pe~£B£-~~-Ea~±s 
~e-eB~a~B-~4€eB£~£e-4£-~~~~-~~~~-~~~~~~r&-~aaB-$~@@-eF 
COMMITTEE AMENDMENT 
~(~. 
';':~,i: 
COMMITTEE AMENDMENT "A .. to H.P. 1449, L.D. 2055 
~ffiFr~seaffiea~-~~-~-ffiere-~~~~-ffiea~h6T-~~~£-~~~-Feaa±~~e6 
are-sFee~fi~eaT 
Sec. C-I0. 32 MRSA §82, sub-§3 is enacted to read: 
3. 
Violation. 
An 
ambulance, 
ambulance 
service, 
nontransporting emergency medical service or emergency medical 
services person that fails to obtain licensure under subsection 1 
commits a Class E crime, unless other penalties are specified. 
Sec. C-ll. PL 2005, c. 519, Pt. GGG, §1 is amended to read: 
Sec. GGG-l. 
Appropriations and allocations. 
The 
following 
appropriations and allocations are made. 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DRS) 
Purchased Social Services 0228 
Initiative: 
Appropriates funds for grants to 
B~4~a--~ew newly 
built or to be built hospices 
a~a--~-~~~i~-~--ResF~ee 
serv~ees to support in-patient hospice facilities. 
These funds 
must be awarded ~hre~~h-~-~~~~~~~~i~i~~~~r-~&e-f~Bas 
Be~a~-~wataea equally 
afAea~-~.ae-..,;f-o-~],.o.w...i,.ng--6--ateas-~--t:he--S~at:e+ 
~ew~s~ea--aaa--A~B~raf--aaa--SearBere~~h--aae--Se~~h--Per~±aae to 
Hospice of Southern Maine located in Portland and Androscoggin 
Home Care and Hospice located in Lewiston. 
Grantees must have 
F±aa6-s~Bffi4t:t:ee submit their detailed plans to the Department of 
Health and Human Services by July L 
2006 to qualify for these 
grants. 
The plans must include but are not restricted to 
a 
descriptiQn of the business relationship between the grantee and 
other for-profit or nonprofit organizations, 
the construction 
plan of the facility built or to be built, the expected cost of 
the facility, the number of people to be employed at the facility 
and the services to be offered from the facility. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2005-06 
$0 
$0 
2006-07 
$250,000 
$250,000 
Sec. C-12. PL 2005, c. 519, Pt. GGG, §2 is enacted to read: 
Sec. GGG-2. Report. 
The 
Department of Health 
and 
Human 
Services must submit a report to the joint standing committee of 
the 
Legislature 
having 
jurisdiction 
over 
health 
and 
human 
services 
matters 
and 
the 
joint 
standing 
committee 
of 
the 
Legislature having jurisdiction over appropriations and financial 
affairs no later than January 15, 2007 identifying how the grant 
funds awarded under section 1 were utilized by the grantees. 
COMMITTEE AMENDMENT 
~t,$J.. 4 
COMMITTEE AMENDMENT "A" to H.P. 1449, L.D. 2055 
Sec. C-13. PL 2005, c. 519, Pt. UUU, §2 is amended to read: 
Sec. UUU-2. 
Appropriations and allocations. 
appropriations and allocations are made. 
The 
following 
EDUCATION, DEPARTMENT OF 
Education in the Unorganized Territory 0220 
Initiative: 
Provides for a one-time deappropriation of funds to 
the Education in the Unorganized Territory program in fiscal year 
2005-06. 
GENERAL FUND 
2005-06 
($400,000) 
2006-07 
$0 
A**-g~Rer Personal Services 
GENERAL FUND TOTAL 
($400,000) 
$0 
Sec. C-14. Resolve 2005, c. 183, §1, sub-§§23 and 24 are amended to 
read: 
23. 
Language is added regarding the verification of habitat 
value for shorebird nesting, 
feeding 
and staging areas 
that 
provides that: 
A. 
An individual may voluntarily submit documentation to 
the Department of Environmental Protection or the Department 
of Inland Fisheries and Wildlife regarding the value of a 
shorebird nesting, feeding or staging area; 
B. 
Documentation must be completed by an individual who has 
experience 
and 
training 
in 
either 
wetland 
ecology 
or 
wildlife 
ecology, 
and 
therefore 
has 
qualifications 
sufficient 
to 
identify 
and 
document 
a 
high-
or 
moderate-value shorebird nesting, feeding or staging area, 
or 
the 
documentation 
must 
be 
field-verified 
by 
the 
Department of Inland Fisheries and Wildlife; 
C. 
Following review of the documentation, the Department of 
Inland Fisheries and Wildlife may modify the boundary of a 
high-
or 
moderate-value 
shorebird 
nesting, 
feeding 
or 
staging 
area 
depicted 
on 
the 
applicable 
geographic 
information system data layer; and 
D. 
A landowner will 
documentation 
Protection; aBe 
from 
receive written 
the 
Department 
confirmation of the 
of 
Environmental 
COMMITTEE AMENDMENT 
~.~$ 
COMMITTEE AMENDMENT "A" to H.P. 1449, L.D. 2055 
24. 
The 
section 
regarding 
department 
determinations 
of 
shorebird nesting, feeding and staging areas in the provisionally 
adopted rule is deleted and 
replaced with 
a 
provision that 
provides that if, upon request from a landowner, the Department 
of 
Environmental 
Protection 
staff 
provides 
a 
written 
field 
determination 
or 
advisory 
op1n1on 
regarding 
the 
presence 
or 
absence of a high-
or moderate-value shorebird nesting, feeding 
or staging area, 
a 
landowner acting on that determination or 
advisory opinion by carrying out an activity subsequently found 
to be in violation is not required to obtain a permit for that 
activity 
and will 
not 
be 
subject 
to 
enforcement 
action if 
jurisdiction or a penalty would be based solely on that activity; 
and Be-iE-€~~ERe~ 
Sec. C-15. Resolve 2005, c.183, §1, sub-§25 is enacted to read: 
25. 
Language is amended to provide that one of the criteria 
for 
determining whether 
a 
shorebird feeding or staging site 
gualifies as 
significant shorebird habitat is that the 
mean 
number of shorebirds for a single species since 1987 at a site is 
10~ or more of the overall or total mean number observed of that 
species in the encompassing shorebird survey unit; and be it 
further 
Sec. C-16. Retroactivity. 
amend Resolve 2005, chapter 
April 12, 2006. 
Those sections of this Part that 
183, section 1 apply retroactively to 
PARTD 
Sec. D-l. 25 MRSA §1534, as enacted by PL 2005, c. 519, Pt. 
00, §l, is amended to read: 
§1534. 
Consolidated Emergency Communications Fund 
The Consolidated Emergency Communications Fund is created as 
an enterprise fund for the deposit of 
any payments 
made 
by 
municipal, 
county and state governmental entities in--Keassaee 
Ge~nEY, 
The fund may not lapse but must be carried forward to 
carry out the purposes of this chapter. 
Sec. D-2. PL 2005, c. 519, Pt. 00, §§2 and 3 are amended to read: 
Sec. 00-2. Transfer budget and positions. 
Notwithstanding any 
other provision of law, the State Budget Officer at the request 
of the Commissioner of Public Safety and the Maine Communications 
System 
Policy 
Board 
may 
transfer 
position 
counts 
COMMITTEE AMENDMENT 
~\c\ 
~~\i,1,t' 
i-jiIJ 
COMMITTEE AMENDMENT "~,, to H.P. 1449, L.D. 2055 
and available balances by financial order to the Consolidated 
Emergency Se~viees-bemm~RieatieR Communications Bureau within the 
Department of Public Safety. 
These transfers are considered 
adjustments to authorized position counts, 
appropriations 
and 
allocations in fiscal year 2006-07. 
The State Budget Officer 
shall provide the Joint Standing Committee on Appropriations and 
Financial Affairs a report of the transferred amounts no later 
than September 1, 2006. 
Sec. 00-3. Establish positions. 
Notwithstanding 
any 
other 
provision 
of 
law, 
the 
Consolidated 
Emergency 
Se~viees 
beffiffi~RieatieR Communications 
Bureau within 
the 
Department 
of 
Public Safety may establish positions by financial order when 
municipal, 
county and state governmental entities 
iR--~aaeBee 
be~Rty voluntarily consolidate communications systems with the 
bureau's 
communications 
systems. 
The 
financial 
order 
must 
identify the entity entering the consolidation and the position 
or positions being eliminated by that entity. 
In order for a 
position that 
is 
established 
by 
financial 
order 
to 
become 
permanent, it must be presented to the next session of the 
Legislature 
through 
the 
normal 
budgetary 
process. 
These 
positions must be funded by the entity and reimbursement funds 
for Personal Services, All Other and Capital Expenditures must be 
made 
to 
the 
Consolidated 
Emergency 
Communications 
Fund 
established in the Maine Revised Statutes, Title 25, section 1534. 
Sec. D-3. Retroactivity. 
This Part applies retroactively to 
March 29, 2006. 
PARTE 
Sec. E-l. 20-A MRSA §13101, sub-§2, as enacted by PL 2005, c. 
457, Pt. GG, §l, is amended to read: 
2. 
Appointments. 
The Governor shall appoint the 
~~ £l 
members of the board specified in subsection 1, paragraphs A to M 
from 
nominations 
submitted 
by 
the 
education 
profession 
and 
interested persons. 
Members 
representing practitioner groups 
must be active practitioners and are appointed from a list of 
nominees presented by the largest organization in the 
State 
representing 
education 
paraprofessionals, 
elementary 
and 
secondary teachers, 
university faculty 
and each administrator 
special ty. ' 
Further amend the bill 
nonconsecutive 
consecutively. 
Part 
letter 
by relettering 
or 
section 
or renumbering 
number 
to 
any 
read 
COMMITTEE AMENDMENT 
i~' 
~'~v 
'.~~ 
COMMITTEE AMENDMENT .. A .. to H.P. 1449, L.D. 2055 
SUMMARY 
This amendment strikes several sections from the bill. 
This amendment designates the sections in the bill as Part 
A. 
Part B consists of technical corrections. 
Parts C, D and E 
contain changes that are or may be considered substantive. 
Part B does the following. 
Section 1 corrects a cross-reference and a punctuation error. 
Section 
replaces 
the 
term "registered credit services 
organization" with the term "licensed loan broker" to reflect the 
change made by Public Law 2005, chapter 274. 
Section 3 replaces an article headnote. 
Section 4 corrects a conflict created by Public Law 2005, 
chapters 164 and 274, which affected the same provision of law by 
incorporating the changes made by both laws. 
Sections 5 and 6 correct a conflict created by Public Law 
2005, chapters 164 and 274, which affected the same provision of 
law, by incorporating the changes made by both laws. 
Section 7 corrects a cross-reference. 
Section 8 corrects an error in usage. 
Section 9 corrects a typographical error in the guardian ad 
litem statute. 
Section 10 strikes language that refers to the Maine Revised 
Statutes, Title 
20-A, 
section 6651, 
subsection 
3, 
which 
was 
repealed by Public Law 2005, chapter 2, Part D, section 20. 
It 
also corrects a grammatical error. 
Section 11 repeals the Maine Revised Statutes, Title 20-A, 
section 11805 to correct a conflict created by Public Law 1991, 
chapter 824, 
Part A, 
section 36 
and chapter 832, 
section 5. 
Section 11805 addressed positions at accredited medical schools. 
That topic is now covered by Title 20-A, section 12103. 
Sections 
to 
correct 
cross-references 
and 
make 
a 
grammatical correction. 
Section 15 corrects a cross-reference. 
COMMITTEE AMENDMENT 
f~r-~ .. 
f\".~\""'f 
. 
-
COMMITTEE AMENDMENT "A" to H.P. 1449, L.D. 2055 
Section 16 corrects cross-references to defined terms in the 
Maine 
Revised Statutes, Title 20-A, 
section 15603, 
which was 
repealed by Public Law 2005, 
chapter 2. 
These terms are now 
defined in Title 20-A, section 15672. 
This section also corrects 
an internal cross-reference. 
Section 17 corrects a cross-reference. 
Section 18 corrects a cross-reference and an error in usage. 
Section 19 changes a reference to the Secretary of State in 
connection with lobbyist registration to 
a 
reference to 
the 
Commission on Governmental Ethics and Election Practices. 
Section 20 corrects a numbering problem created by Public 
Law 2005, chapters 394 and 400, which enacted 2 substantively 
different provisions with the same number. 
Section 21 corrects the farm winery license name in the 
section in the liquor laws establishing licensing fees. 
Public 
Law 1993, chapter 730 changed the name from "Maine farm winery" 
to "farm winery." 
Section 22 corrects a conflict created by Public Law 1997, 
chapter 373, sections 157 and 158, which made technical changes 
to the Maine Revised Statutes, Title 28-A, section 2077-A, 
and 
Public Law 1997, chapter 501, section 5, which repealed the same 
provision of law, by repealing section 2077-A. 
Section 23 corrects a conflict created by Public Law 2005, 
chapters 12 and 441, which affected the same provision of law, by 
incorporating changes made by both laws. 
Section 24 corrects a grammatical error and cross-references 
to the definition of state share percentage. 
Public Law 2005, chapter 397, Part D, section 3 directs the 
Revisor 
of 
Statutes 
to 
replace 
"vocational 
education" 
with 
"career 
and 
technical 
education," 
and 
section 
changes 
a 
reference 
to 
Associate 
Commissioner 
of 
the 
Bureau 
of 
the 
Vocational Education to the Department of Education to reflect 
the change. 
Section 26 enacts the Maine Revised Statutes, Title 34-A, 
section 300l-A to correct an improper repeal and replacement of 
Title 34-A, section 3002 by Public Law 2005, chapter 216. 
This 
section also includes 
a 
correction made 
by Public Law 
2005, 
chapter 488. 
COMMITTEE AMENDMENT 
r:,~. 
\~(jj,:' 
COMMITTEE AMENDMENT "A" to H.P. 1449, L.D. 2055 
Section 27 repeals the Maine Revised Statutes, Title 34-A, 
section 3002, 
which was 
improperly repealed and 
replaced by 
Public Law 
2005, 
chapter 
216. 
The 
substance of the 
law is 
enacted in section 26 as Title 34-A, section 300l-A. 
Public Law 
2005, chapter 488 amended Title 34-A, section 3002, subsection 4. 
That change is incorporated into section 26. 
Section 28 corrects a drafting error. 
Sections 29 and 30 correct a conflict created by Public Law 
2005, 
chapter 256, 
which 
amended the Maine 
Revised Statutes, 
Title 34-8, section 1409, subsection 1, paragraph C by adding the 
Homestead facility to the definition of "state institution" and 
chapter 457, which repealed paragraph C to reflect the removal of 
Freeport Towne Square as a state institution. 
These sections 
correct 
the 
conflict by 
repealing paragraph 
C 
and 
enacting 
paragraph D, which does not refer to Freeport Towne Square. 
Section 31 corrects a conflict created by Public Law 2005, 
chapters 250 and 332, which affected the same provision of law. 
This section repeals the provision and replaces it with the 
chapter 332 version. 
Part C does the following. 
Section 1 clarifies the capacity of the deputy treasurer of 
state to vote on boards when the Treasurer is absent and makes 
grammatical changes. 
Section 
corrects inconsistencies that were 
created by 
Public Law 2005, chapter 343, which changed the composition of 
the Pharmaceutical Cost Management Council but did not change the 
number of members to coincide with the change in the composition 
of the council. 
Section 3 amends the law creating a private right of action 
for damages for illegal wagering to cover all wagers for which a 
license is required. 
This covers all horse racing for which 
wagers may be accepted by a licensee in this State. 
The current 
law limits the illegal wagering to harness racing. 
Section 4 corrects an error in the laws governing mandatory 
building 
standards 
for 
residential construction. 
Public 
Law 
2005, chapter 350 moved the authority for administering the Maine 
Revised Statutes, Title 10, chapter 214 from the Department of 
Economic 
and 
Community 
Development 
to 
the 
Public Utilities 
Commission 
and 
replaced all references 
to 
the 
Department 
of 
Economic 
and 
Community 
Development 
in 
that 
chapter 
with 
references to the Public Utilities Commission. 
However, Title 
10, section 1415-C, subsection 6 was overlooked. 
As 
a result, 
COMMITTEE AMENDMENT 
~~ 
~~ 
COMMITTEE AMENDMENT "A " to H.P. 1449, L.D. 2055 
that section is currently internally inconsistent, authorizing 
the 
Public Utilities 
Commission 
to 
grant 
waivers 
from 
the 
building standards but requiring applications for such waivers to 
be 
submitted 
to 
the 
Department 
of 
Economic 
and 
Community 
Development. 
This section corrects this error by changing the 
references 
to 
the 
Department 
of 
Economic 
and 
Community 
Development in section 1415-C, subsection 6 to references to the 
Public Utilities Commission. 
Section 5 corrects formatting errors to reflect the intent 
of the original law and also corrects grammatical errors. 
Section 6 corrects a cross-reference. 
Section 7 amends the Maine Uniform Trust Code to carry out 
the original intent behind the Maine Revised Statutes, Title 
18-B, 
section 105, 
subsection 3 
concerning a 
trust settlor's 
options regarding the provision of information to beneficiaries. 
Section 8 
amends the fee schedule for copies of certain 
documents provided by municipal clerks. 
Public 
Law 
2005, 
chapter 
amended the 
Maine 
Revised 
Statutes, Title 3D-A, 
section 2652, 
subsection 3 to allow a 
municipal clerk to charge up to $10 for the first copy and up to 
$5 for each additional copy of a certificate of birth, marriage 
or death. 
The 
Maine 
Revised 
Statutes, 
Title 
30-A, 
section 
2652, 
subsection 1, paragraph C provides the fee for issuance of copies 
of an amended birth, marriage or death record once an affidavit 
establishing or correcting one of those records is recorded. 
The 
current fee is $7 for the first copy and $3 for each additional 
copy. 
The 
Maine 
Revised 
Statutes, 
Title 
30-A, 
section 
2652, 
subsection 1, paragraph D provides the fee for issuance of copies 
of an amended birth record after an affidavit legitimating the 
birth is recorded. 
The current fee is $7 for the first copy and 
$3 for each additional copy. 
Section 8 amends the Maine Revised Statutes, Title 30-A, 
section 2652, subsection 1, paragraphs C and D to make the fees 
for copies of these amended records consistent with the fees that 
may be charged for unamended certificates of birth, marriage or 
death under section 2652, subsection 3. 
Sections 9 and 10 conform language to technical drafting 
standards and classify a violation as a Class E crime. 
COMMITTEE AMENDMENT 
~t11 
\.~ 
COMMITTEE AMENDMENT" A" to H.P. 1449, L.D. 2055 
Section 11 clarifies the appropriation in Public Law 2005, 
chapter 519, Part GGG, section 1, which appropriated funds to 2 
newly built hospice facilities and identifies certain details of 
the plan grantees must submit to the Department of Health and 
Human Services. 
Section 12 requires the Department of Health and 
Human 
Services to submit 
a 
report to certain joint standing 
committees of the Legislature identifying how the grant funds 
were utilized by the grantees. 
Section 13 corrects an error in Public Law 2005, chapter 
519, Part UUU, section 2, which deappropriated funds from the All 
Other line category in fiscal year 2005-06. 
The funds should 
have been deappropriated from the Personal Services line category. 
Sections 
to 
direct 
the 
Board 
of 
Environmental 
Protection to amend chapter 335: Significant Wildlife Habitat, a 
major substantive rule, by changing a date contained in one of 
the criteria for 
determining whether 
a 
shorebird feeding or 
staging site qualifies as significant shorebird habitat from 1989 
to 1987. 
The amendment will make the rules of the Department of 
Environmental Protection and the 
rules of the Department 
of 
Inland Fisheries 
and 
Wildlife 
regarding significant wildlife 
habi tat consistent with each other. 
The changes. are retroactive 
to the date the resolve took effect. 
Part 
D 
clarifies 
that 
the 
Consolidated 
Emergency 
Communications Fund created in Public Law 2005, chapter 519, Part 
applies to all municipal, county and state governmental units, 
not just Kennebec County and allows for the establishment of 
positions 
when 
any governmental unit VOluntarily consolidates 
communications systems. 
This amendment also corrects the name of 
the Consolidated Emergency Communications Bureau. 
This Part is 
retroactive to the effective date of the public law. 
Part E corrects a reference to the number of members of the 
Professional Standards Board and corrects a cross-reference by 
addini a subsection reference that was omitted. 
COMMITTEE AMENDMENT