Maine Legislature, Session 122, LD 1622
Committee Amendment CA_A_H692 (House)
Amends: 1 MRSA §148, 1 MRSA §149, 7 MRSA §1809, 20-A MRSA §1143, 22 MRSA §4041, 22 MRSA §40, 3 MRSA §959, 4 MRSA §153, 4 MRSA §154, 12 MRSA §6431, 12 MRSA §10853, 13-B MRSA §202, 20-A MRSA §1141, 22 MRSA §3741-M, 22 MRSA §3762, 24 MRSA §2, 25 MRSA §2803-B, 25 MRSA §3702-C, 34-B MRSA §15004, 36 MRSA §4641-C, 38 MRSA §438-B, 20-A MRSA §8601-A

COMMITTEE AMENDMENT "A" to H.P. 1145, L.D. 1622, Bill, "An 
Act To Correct Errors and Inconsistencies in the Laws of Maine" 
Amend the bill by inserting after the enacting clause the 
following: 
'PART A' 
Further amend the bill by striking out all of sections 9 to 
15, 17 to 32, 40, 47, 49, 55 to 57, 71, 72, 80 and 82 to 87. 
Further amend the bill by inserting at the end before the 
summary the following: 
'PARTB 
Sec. B-1. 1 MRSA §148, as enacted by PL 2005, c. 20, §1, is 
reallocated to 1 MRSA §149. 
Sec. B-2. Effective date. 
That section of 
reallocates the Maine Revised Statutes, Title 
takes effect June 29, 2005. 
this Part that 
1, 
section 148 
Sec. B-3. 7 MRSA §1809, sub-§l, as repealed and replaced by PL 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 
Page I-LROOOl(2) 
COMMITTEE AMENDMENT 
",~ 
COMMITTEE AMENDMENT .. It .. to H.P. 1145, L.D. 1622 
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 1-G1-
.2.15., 
subchapter 
1-
or 
Ti tIe 12, section 12102 or 12704. 
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. 
Sec. B-4. 20-A MRSA §1143S, as enacted by PL 1987, c. 807, 
§3, is amended to read: 
§11435. 
Review of authority 
For purposes of 
~he--Ma-i-ne-~-Ae~T Title 3, chapter ;n 
l.5., the authority shaJ:J:--be--e&BsieeFee is an independent agencYT 
w.i~h-~~~-~~~-jQs~.if.iea~.ieR-~~~--~-aeeeraaRee-~~~-~~~-~ T 
see~.ieR--~r-Q~€--.iB-~~~--aRa-~~-€¥~~~~~Je£--aBG-~~~-.iR 
aeeeFaaRee--w.i~h--~.it-~-~--6ee~ieR--~G~r-~-~~-i~~--s~aRa.iR~ 
eemm.i~~ee-~--~h&-~e~i6Ja~Q~e-~~-}~Fise.ie~.i9B-~~-~~-aRa 
FFe~Fam--~€¥Jew--~-~--~a~F--~haR--~---~~r--~~~br--9Q~ 
Re~w.i~hs~aRa.iR~--~.i~~--~--~€£~J~~--9G&-~BG-~,--~£€--aQ~heF.i~y 
sha~~-Re~-~€~ffiiRa~e Subject to the review requirements specified 
in Title 3, section 959. 
Sec. B-S. 22 MRSA §4041, sub-§2, 1[C, as amended by PL 1997, c. 
715, Pt. B, §11, is further amended to read: 
C. 
If the department discontinues efforts to return the 
child to a parent but does not seek termination of parental 
rights, then subsection 
J: 
I-A, 
paragraph A, 
subparagraph 
(1), division +e} (c), subdivision (v) and subsection 1 I-A, 
paragraph A, subparagraph (2) still apply. 
Sec. B-6. 22 MRSA §40S8, as enacted by PL 1985, c. 739, §17, 
is amended to read: 
§4058. Review 
The 
provision in this chapter 
lG1-1 
dealing with family 
rehabilitation 
and 
reunification 
shaJ:J: 
must 
be 
reviewed 
in 
accordance wi th 
~he--Ma-i-ne--~~--Ae~T Title 3, chapter 
6~7--Be 
J:a~eF-~haR-JQRe-~GT-19g9 l.5.. 
Sec. B-7. PL 2003, c. 673, Pt. TT, §3 is repealed. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,/t .. to H.P. 1145, L.D. 1622 
Sec. B-S. 
Retroactivity. 
That 
section 
of 
this 
Part 
that 
repeals Public Law 2003, chapter 673, Part TT, section 3 applies 
retroactively to July 1, 2004. 
Sec. B-9. PL 2005, c. 21, §2 is amended to read: 
Sec. 2. PL 2001, c. 442, §5, as amended by PL 2003, c. 387, §14, 
is further amended to read: 
Sec. 5. Status of employees who have retired and returned to covered 
employment under Maine State Retirement System; choice to retire rather 
than continue to work. 
Notwithstanding the Maine Revised Statutes, 
Title 5, section 17651 and section 17652, recipients of a service 
retirement benefit from the Maine State Retirement System who 
have returned to covered employment under the retirement system 
in a position that would otherwise be covered by the retirement 
plan 
for 
state 
employees 
and 
teachers 
may 
not 
rejoin 
the 
retirement system, 
do 
not earn creditable service for their 
employment 
after retirement 
and 
do 
not 
earn any 
additional 
retirement benefits as a result of that employment. 
By retiring 
from a position covered under the retirement system, an employee 
exercises that employee's choice between continuing to work and 
thereby continuing to 
accrue 
retirement 
service credit 
and, 
potentially, 
an increased earnable compensation, 
and retiring, 
with 
both 
service 
credit 
and 
earnable 
compensation 
thereby 
becoming 
fixed. 
The 
employee's 
retirement 
constitutes 
the 
employee's knowing and voluntary waiver of any claim of any 
nature under federal or state law with respect to retirement 
system service credit or earnable compensation related to return 
to 
employment 
after 
retirement. 
Recipients 
of 
a 
service 
retirement benefit from the retirement system may participate in 
other 
retirement 
options 
available 
to 
similar 
employees, 
including the state program of tax-deferred arrangements under 
Title 5, chapter 67, at the discretion of their employer. 
~el:' 
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reemF~eyeQ-~~~~-emF*eyees-~-~-erea~eQ-~-~~~-~BQel:' 
SeeeieB--~S~r--&~~~&--~-~~--~~-~--e~4~4e4~4~Y--Eer 
eevera~e--~BQe~--~Re--~re~F--F~aBT 
A recipient 
of 
a 
service 
retirement benefit under the Maine State Retirement System who is 
a retired teacher and who returns to work as a teacher under this 
Act is eligible for coverage under the group health insurance 
plan for active teachers in the school administrative unit in 
which newly employed. 
For purposes of participation in the group 
accident and sickness or health insurance for retired teachers 
pursuant to Title 20-A, section 13451, a recipient of a service 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT -A" to H.P. 1145, L.D. 1622 
retirement benefit under the Maine State Retirement System who is 
a retired teacher who returns to work under this Act is eligible 
upon ceasing work to return to coverage under the group health 
insurance plan in effect for active teachers in the school unit 
from 
which 
the 
teacher 
originally retired, 
including 
state 
payment of a percentage of the premium cost under section 13451. 
PARTC 
Sec. C-l. 2 MRSA §lOl, sub-§l, 1[A, as enacted by PL 2003, c. 
469, Pt. B, §l, is amended to read: 
A. 
Develop 
and 
issue 
the biennial State Health Plan, 
referred to in this chapter as "the plan," pursuant to 
section 103T--~he-~~~~-~~-ffi~s~-he-~~~~a~-~QQ4 Qy 
December I, 2005 and every 2 years thereafter; 
Sec. C-2. Effective date. 
That section of this Act that amends 
the Maine Revised Statutes, Title 2, section 101, subsection 1, 
paragraph A takes effect 90 days after the adjournment of the 
Sec. C-3. 3 MRSA §959, sub-§l, 1[F, as amended by PL 2003, c. 
600, §l, is further amended to read: 
F. 
The joint standing committee of the Legislature having 
jurisdiction over health and human services matters shall 
use the following list as a guideline for scheduling reviews: 
(2) 
Office of Substance Abuse in 2005; 
(3) 
Maine Advisory Committee on Mental Retardation in 
2007; 
(6) 
Department of Health and Human Services in 2009; 
(7) 
Board of the Maine Children -s Trust Incorporated 
in 2011; 
(9) 
Maine Developmental Disabilities Council in 2011 T 
a.eEl ..... 
+*Q+---~~~---e~---~ha¥~~a~--~--geve*e~ffie.e~a± 
Se~viees-i.e-6QQ§T 
Sec. C-4. 4 MRS A §153, first 1[, as amended by PL 2003, c. 673, 
Pt. JJJ, §1, is further amended to read: 
The State is divided into 69 .£§. judicial divisions, named 
and defined as follows, 
and with places for holding court in 
COMMITTEE AMENDMENT 
,,-,ca. 
COMMITTEE AMENDMENT ,A .. to H.P. 1145, L.D. 1622 
those divisions as follows: 
Sec. e-5. 4 MRSA § 153, sub-§ 11, as amended by PL I 9 9 3, c. 675, 
Pt. B, §2, is further amended to read: 
11. Hancock. Gent:!'a± Hancock consists of the entire County 
of 
Hancockr-~-~~~--Ha~~r-~--~ese!'~r-~~~~~-~s~esr 
SeQt:awest:-~~~--~~~r-Swan~s-~£~~RQ7-~-~~-P~ant:at:ien 
anQ-~~ement:. The District Court for 
Gent:!'a~ Hancock must be held 
at Ellsworthr-~--t:aat:-~-sessiea-~--week-~-Be-~~-at: 
~Qeks~e!'t:-at:-t:ae-Qise!'et:ien-e~-t:ae-Gaie~-JQQ§e. 
Sec. e-6. 4 MRSA §153, sub-§12 is repealed. 
Sec. e-7. 4 MRSA §154, sub-§5 is amended to read: 
5. 
Fifth District. 
The 
5th district 
consists 
of 
the 
divisions of Gent:!'a± Hancock 
(Ellsworth)r-~·he·Hl-~-f~a~ 
Ra~Ber+ and Waldo (Belfast). 
Sec. e-8. Effective date. 
Those sections of this Act that amend 
the Maine Revised Statutes, Title 4, section 153, first paragraph 
and subsection 11 and section 154, subsection 5 and that repeal 
section 153, subsection 12 take effect June 30, 2005. 
Sec. e-9. 12 MRSA §6431, sub-§I-A, as enacted by PL 2005, c. 
6, §2, is amended to read: 
1-A. 
Most restrictive m1n~um size. 
A person possessing a 
valid lobster and crab fishing license and who also owns or is 
incorporated or partnered in a vessel ae1Qi~-a or vessels that 
hold federal limited access lobster 
~e~mit: permits must comply 
with the most restrictive minimum lobster size for all federal 
lobster management 
areas declared on the federal permitr--as 
designated 
on that person's 
Maine 
lobster 
and 
crab fishing 
license application, whenever the fishing activity occurs. 
The 
applicable most restrictive minimum lobster size is 
contained in 
the 
Atlantic 
States 
Marine 
Fisheries 
Commission 
Interstate 
Fishery 
Management 
Plan 
for 
American 
Lobsterr--waeFeveF--t:ae 
~isain§-aet:ivit:y-eeeQFs. 
Sec. e-l0. 12 MRSA §10853, sub-§7, ,A, as enacted by PL 2003, 
c. 414, Pt. A, §2, and affected by c. 614, §g, is repealed and 
the following enacted in its place: 
A. 
Clients of the Department of Health and Human Services 
who reside in licensed facilities for persons with mental 
retardation or licensed facilities for the 
treatment of 
mental illness; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,A .. to H.P. 1145, L.D. 1622 
Sec. C-ll. 13-B MRSA §202, sub-§l, ff, as enacted by PL 1989, 
c. 857, §52, is amended to read: 
T. 
To engage in legislative liaison activities, including 
gathering information regarding legislation, analyzing the 
effect of legislation, 
communicating with Legislators and 
attending 
and 
g~v~ng testimony at legislative sessions, 
public hearings or committee hearings, notwithstanding any 
rule adopted by the Department of 
~iRaRee Health and Human 
Services. 
Sec. C-12. 20-A MRSA §1141S, sub-§l, as amended by PL 1999, c. 
443, §6, is further amended to read: 
1. 
Composition. 
There 
are 
voting 
members 
of 
the 
authority, § Q of whom must be appointed by the Governor, subject 
to review by the joint standing committee of the Legislature 
having 
jurisdiction 
over 
economic 
development 
matters 
and 
confirmation by the Legislature. 
Sec. C-13. 22 MRSA §3741-M, as enacted by PL 1997, c. 284, 
§l, is repealed. 
Sec. C-14. 22 MRSA §3762, sub-§2, ~G, as enacted by PL 1997, 
c. 530, Pt. A, §16, is amended to read: 
G. 
Statewide 
organizations 
that 
work 
with 
women 
on 
including a 
training and 
self-sufficiency and employment opportunities, 
statewide nonprofit corporation that provides 
placement in trade and technical occupations 
traditional for the persons served; 
that are not 
Sec. C-lS. 24 MRSA §2S06, first~, as amended by PL 2005, c. 
221, §l, is further amended to read: 
A health care provider or health care entity shall, within 
days, 
report in writing to the disciplined practitioner's 
board 
or 
authority the 
name 
of 
any 
licensed, 
certified or 
registered employee or person privileged by the provider or 
enti ty 
whose 
employment 
or 
privileges 
have 
been 
revoked, 
suspended, 
limited or terminated or who 
resigned while under 
investigation or to avoid investigation for reasons related to 
clinical 
competence 
or 
unprofessional 
conduct, 
together 
with 
pertinent 
information 
relating 
to 
that 
action. 
Pertinent 
information includes: 
a description of the adverse action; the 
name of the practitioner involved; the date, the location and a 
description of the event or events giving rise to the adverse 
action; and identification of the complainant iRvelvea-iB giving 
rise to the adverse action. 
Upon written request, the following 
information must be released to the board or authority within 20 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A" to H.P. 1145, L.D. 1622 
days of receipt of the request: the names of the patients whose 
care by the disciplined practitioner gave rise to the adverse 
action; medical records relating to the event or events giving 
rise to the adverse action; written statements signed or prepared 
by 
any 
witness 
or 
complainant 
to 
the 
event; 
and 
related 
correspondence 
between 
the practitioner 
and 
the 
provider 
or 
entity. 
The report must include situations in which employment 
or privileges have been revoked, suspended, limited or otherwise 
adversely affected by action of the health care practitioner 
while 
the 
health 
care 
practitioner 
was 
the 
subject 
of 
disciplinary proceedings, 
and it also must include situations 
where 
employment or privileges have been revoked, 
suspended, 
limited or otherwise adversely affected by act of the health care 
practitioner in return for the health care provider's or health 
care 
entity's 
terminating 
such 
proceeding. 
Any 
reversal, 
modification or 
change 
of 
action 
reported pursuant 
to 
this 
section must be reported immediately to the practitioner's board 
or authority, together with a brief statement of the reasons for 
that reversal, modification or change. 
If the adverse action 
requiring a report as a result of a reversal, modification or 
change 
of 
action consists 
of 
the 
revocation, 
suspension or 
limitation of clinical privileges 
of 
a 
physician, 
physician 
assistant or advanced practice registered nurse by a health care 
provider or health care entity for reasons relating to clinical 
competence or unprofessional conduct apd is taken pursuant to 
medical 
staff bylaws 
or 
other 
credentialing and privileging 
policies, whether or not the practitioner is employed by that 
health care provider or entity, then the provider or entity shall 
include in its initial report to the disciplined practitioner's 
licensing board or authority the names of all patients whose care 
by the disciplined practitioner gave rise to the adverse action. 
The failure of any health care provider or health care entity to 
report as required is a civil violation for which a fine of not 
more than $5,000 may be adjudged. 
Sec. C-16. Effective date. 
That section of this Act that amends 
the 
Maine 
Revised 
Statutes, 
Title 
24, 
section 
2506, 
first 
paragraph takes effect 90 days after the adjournment of the First 
Special Session of the l22nd Legislature. 
Sec. C-17. 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 reguirements 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 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT A" to H.P. 1145, L.D. 1622 
must be established no later than January L 
2004; policies for 
public notification regarding persons in the community required 
to register under Title 34-A, 
chapter 15 under subsection L 
paragraph J must be established no later than January 1, 2006; 
and policies for the recording and preservation of interviews of 
suspects in serious crimes under subsection 1, paragraph K must 
be established no later than January 1, 2005. 
Sec. C-18. 25 MRS A §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. C-19. 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. C-20. 34-B MRSA §15004, sub-§l, as enacted by PL 1997, c. 
790, Pt. A, §1 and affected by §3, is amended to read: 
1. 
Membership. 
The committee consists of the following ;1,1 
members: 
A. 
Three representatives of the joint standing committee of 
the Legislature having jurisdiction over health and human 
services matters who must serve on the committee at the time 
of their appointments and who may continue to serve while 
they are Legislators until they are replaced by 
a 
new 
appointment. 
One member is appointed by the President of 
the Senate. 
Two members are appointed by the Speaker of the 
House, representing each major political party; 
B. 
One representative of the joint standing committee of 
the Legislature having jurisdiction over criminal justice 
matters, appointed by the Speaker of the House; 
C. One representative of the joint standing committee of the 
Legislature having jurisdiction over education and cultural 
COMM/rrEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1145, L.D. 1622 
affairs, appointed by the President of the Senate; 
D. 
One representative of the joint standing committee of 
the Legislature having jurisdiction over appropriations and 
financial affairs, appointed jointly by the President of the 
Senate and the Speaker of the House; 
E. 
The 
ee8'IFAi&&i-G-ae-F-r-~ae Commissioner of Corrections, the 
Commissioner of Education and the Commissioner of Health and 
Human Services, or designees of the commissioners who have 
authority to participate in full and to make decisions as 
required of committee members; 
F. 
Three representatives of families whose children receive 
services for mental health, 2 of whom are appointed by the 
President of the Senate and one of whom is appointed by the 
Speaker of the House. 
One 
of 
the 
appointments of 
the 
President of the Senate to the initial committee must be for 
years. 
All other appointments are for 3 years; 
G. 
Three representatives of providers of children's mental 
health services who have clinical experience in children's 
mental health services, 
one of whom is appointed by the 
President of the Senate and 2 of whom are appointed by the 
Speaker of the House. 
One 
of 
the 
appointments of 
the 
Speaker of the House to the initial committee must be for 2 
years. 
All other appointments are for 3 years; and 
H. 
One 
representative of 
a 
statewide organization that 
advocates for children, appointed jointly by the President 
of the Senate and the Speaker of the House for a 3-year term. 
Sec. C-21. 36 MRSA §4641-C, sub-§ll, as amended by PL 1993, c. 
398, §4, is further amended to read: 
11. 
Deeds of distribution. 
Deeds of distribution made 
pursuant to Title 18-A or Title 18-B; 
Sec. C-22. Effective date. 
That section of this Act that amends 
the Maine Revised Statutes, Title 36, section 4641-C, subsection 
takes effect July 1, 2005. 
Sec. C-23. 38 MRSA §438-B, sub-§5, as enacted by PL 2005, c. 
226, §5, is amended to read: 
5. 
Effective date 
for 
statewide 
standards. 
Except 
as 
provided in subsection 4, rules adopted by the Commissioner of 
Conservation 
under Title 
12, 
section 
8867-B 
apply 
statewide 
beginning on the first day of January of the 2nd year following 
the year in which the Commissioner of Conservation determines 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT fA" to H.P. 1145, L.D. 1622 
that at least 252 of the 336 municipalities identified by the 
Commissioner 
of 
Conservation 
as 
the municipalities with the 
highest acreage of timber harvesting activity on an annual basis 
for 
the period 1999-2003 have either accepted the statewide 
standards in accordance with subsection 2 or have adopted an 
ordinance identical to the statewide standards in accordance with 
subsection 3. 
Within 30 days of making the determination that 
the 6a*-maniei~a*i~y 252-municipality threshold has been met, the 
Commissioner of Conservation shall notify the Secretary of State 
in writing and advise the secretary of the effective date for the 
statewide standards. 
Sec. C-24. Effective date. 
That section of this Act that amends 
the Maine Revised Statutes, Title 38, section 438-B, subsection 5 
takes effect 90 days after the adjournment of the First Special 
Session of the 122nd Legislature. 
Sec. C-2S. PL 1999, c. 706, §9 is amended to read: 
Sec. 
9. 
Transition to 4-year terms for Maine State Museum 
Commission members. 
The 
limit of 
consecutive 
terms 
for 
members of the Maine State Museum Commission applies to full 
terms beginning after the effective date of this Act. 
Members 
holding office on the 
Maine 
State Museum 
Commission on the 
effective date of this Act or successors appointed to serve the 
remainder of those terms remain in office until expiration of the 
terms. 
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Sec. C-26. PL 2005, c. 65, Pt. A, §3 is enacted to read: 
Sec. A-3. Effective date. 
That section of this Act that repeals 
the Maine Revised Statutes, Title 32, chapter 105 takes effect 
December 31, 2005. 
PARTD 
Sec. D-l. 20-A MRSA §8601-A, sub-§2-A is enacted to read: 
2-A. 
Career and technical education. 
"Career and technical 
education" has the same meaning as in section 8301-A. subsection 
2-A. 
Sec. D-2. 20-A MRSA §8601-A, sub-§II, 
as 
enacted by 
PL 
COMMITTEE AMENDMENT 
t." 
~~ 
COMMITTEE AMENDMENT .~. to H.P. 1145, L.D. 1622 
1991, c. 518, §33, is repealed. 
Sec. D·3. Revision clause. 
Wherever 
in the 
Maine 
Revised 
Statutes the words "vocational education" appear or reference is 
made to those words, those words are amended to read or mean, as 
appropriate, "career and technical education," and the Revisor of 
Statutes shall implement this revision when updating, publishing 
or republishing the statutes.' 
SUMMARY 
This 
amendment strikes out several sections in the bill 
because 
the 
prov~s~ons they 
concern are 
addressed 
by other 
legislation or because further amendment is needed. 
The sections 
of the bill that are retained are designated Part A. 
PART B 
Part B of this amendment consists of technical corrections. 
Several sections are corrections to provisions in the bill. 
The 
remaining sections are additional technical corrections. 
Public Law 2005, chapter 8 and Public Law 2005, chapter 20 
each enacted a new section with the same section number. 
Chapter 
enacted Family Reunion Day as Title 1, section 148 and chapter 
enacted 
Community 
Giving 
Week 
as Title 1, 
section 
148. 
Section 1 reallocates the section enacted by chapter 20 to Title 
1, section 149. 
Section 2 makes section 1 take effect 90 
adjournment 
of 
the 
First 
Regular 
Session 
Legislature, which is June 29, 2005. 
Section 3 corrects a cross-reference. 
days after the 
of 
the 
122nd 
Section 4 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 4 changes the reference from Maine 
Sunset 
Act 
to 
the 
statutory 
cross-reference 
for 
the 
State 
Government Evaluation Act. 
Section 5 
corrects an internal 
child protection statutes governing 
rehabilitation. 
cross-reference with 
family 
reunification 
the 
and 
Section 6 corrects a cross-reference. 
The Maine Sunset Act 
was repealed in 1989; in 1995, the State Government Evaluation 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,A" to H.P. 1145, L.D. 1622 
Act was enacted to provide a systematic review of agencies of 
State Government. 
Section 6 changes the reference from Maine 
Sunset Act to the statutory reference for the State Government 
Evaluation Act. 
Section 7 corrects an error created when Public Law 2003, 
chapter 673, which in its original form as L.D. 
1919 was an 
emergency, was changed to a nonemergency. 
A version of Title 
29-A, section 2411, subsection 5 scheduled to be repealed on July 
1, 2004 was included in L.D. 1919 because it appeared that the 
L.D. would take effect prior to the repeal of that version of 
Title 29-A, 
section 2411, 
subsection 5. 
When 
L.D. 
1919 was 
enacted as Public Law 2003, chapter 673, the effective date was 
after the scheduled repeal of that version of Title 29-A, section 
2411, subsection 5. 
Section 8 corrects that error by repealing 
that section of Public Law 2003, chapter 673 that amended that 
version of Title 29-A, section 2411, subsection 5, and section 8 
provides 
a 
retroactive effective date of July 1, 
2004, 
the 
original repeal date of that version of subsection 5. 
Section 9 corrects an error whereby the original version of 
unallocated law was amended and correctly makes changes to the 
current version of that unallocated law as it has been amended. 
PART C 
Part C consists of provisions that are substantive or may be 
considered substantive. 
Section 1 clarifies that the biennial State Health Plan must 
be issued by December 1, 
2005 and every 2 years thereafter. 
Section 2 establishes an effective date for section I of 90 days 
after adjournment of the First Special Session of the 122nd 
Legislature. 
Public Law 2003, chapter 689, Part B, section 6 directs the 
Revisor of Statutes to replace both the "Department of Human 
Services" 
and 
"Department 
of 
Behavioral 
and 
Developmental 
Services" with "Department of Health and Human Services." 
The 
Maine 
Revised Statutes, Title 3, 
section 959, 
subsection 1, 
paragraph F provides for the review of both departments by the 
joint standing committee of the Legislature having jurisdiction 
over health and human services matters, with the Department of 
Behavioral and Developmental Services scheduled for review in 
2005 and the Department of Human Services scheduled for review in 
2009. 
Section 3 changes the review scheduled for the Department 
of Human Services to apply to the Department of Health and Human 
Services. 
COMMITTEE AMENDMENT 
.~,. 
~. 
COMMITTEE AMENDMENT 
H.P. 1145, L.D. 1622 
Sections 4 to 8 carry out the intent of the Legislature in 
closing the Bar Harbor District Court. 
This language reflects 
the savings contained in the Part 1 Budget, Public Law 2005, 
chapter 12 and has an effective date of June 30, 2005. 
Section 9 amends the newly enacted law required to achieve 
compliance with the interstate lobster fishery management plan. 
It provides that the "most restrictive minimum size" requirement 
for all federal lobster management areas on the federal permit 
applies when a person has a 
lobster and crab fishing license 
issued under the laws of this State and the federal lobster 
management 
areas 
as 
well 
as 
the 
federal 
permit 
number 
are 
designated on the person's Maine license application. 
Section 10 replaces the paragraph providing complimentary 
fishing licenses to residents of institutions under the control 
of 
the 
Department 
of 
Behavioral 
and 
Developmental 
Services 
because that department is now part of the Department of Health 
and Human Services. 
The new language covers clients of the new 
department who reside in licensed facilities for persons with 
mental retardation or licensed facilities for the treatment of 
mental illness. 
These are the types of facilities formerly under 
the control of the Department of Behavioral and Developmental 
Services. 
Section 11 amends the nonprofit corporation laws concerning 
general powers to update the reference to the state department 
that 
administers 
the 
Maine 
Uniform 
Accounting 
and 
Auditing 
Practices Act for Community Agencies, which is now the Department 
of Health and Human Services. 
Section 12 corrects an error in the section establishing the 
membership of the Maine Educational Loan Authority. 
Public Law 
1999, 
chapter 728 
changed the membership by removing one ex 
officio member and adding an additional member to be appointed by 
the Governor but neglected to include the same change to the 
subsection that sets out the composition of the board. 
Section 12 also corrects the language to reflect that not 
all 7 members are voting members. 
Sections 
and 14 correct a 
conflict by repealing the 
prov~s~on requ~r~ng the Department of Health and Human Services 
to contract with a statewide nonprofit organization to provide 
nontraditional 
job training and placement services for 
women 
receiving assistance under TANF, which was added to a chapter in 
1997 that was 
repealed that same year. 
Section 14 adds the 
concept into existing law. 
Section 15 revises language describing information that must 
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COMMITTEE AMENDMENT A" to H.P. 1145, L.D. 1622 
be reported to a health care practitioner's professional board or 
authority following an adverse action against a practitioner. 
This section limits the information reported to complainants 
giving rise to the adverse action, instead of any complainant 
involved in the adverse action. 
The reporting requirement was 
added by Public Law 2005, chapter 221. 
Section 16 makes the change in section 15 take effect when 
Public Law 
2005, 
chapter 221 takes effect as 
a 
nonemergency 
measure. 
Section 
corrects 
the 
cross-reference 
to 
minimum 
law 
enforcement policy standards for the recording and preservation 
of interviews of suspects in serious crimes. 
It also inserts a 
cross-reference 
to 
policies 
concerning 
public 
notification 
regarding persons 
who 
must 
register under 
the 
Sex 
Offender 
Registration 
and 
Notification 
Act 
of 
1999, 
and 
puts 
the 
references in order. 
date by which the Maine Criminal 
the 
model 
policy 
on 
public 
This is consistent with Public 
Section 17 also changes the 
Justice 
Academy 
must 
adopt 
notification to January 1, 2006. 
Law 2005, chapter 331, section 16. 
Section 18 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 3701, 
subsection 6 to 
remove 
language repealing subsection 6 
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 19 enacts Title 25, section 3702-C to reflect the 
intent of the Legislature to maintain the provisions of Title 25, 
section 3702-A. 
Public Law 2003, chapter 560 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. 
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 15004, subsection 1 specifies that there are 17 
members of the Children's Mental Health Oversight Committee, 
including the Commissioner of Human Services and the Commissioner 
of Behavioral and Developmental Services. 
Section 20 removes a 
reference to the Commissioner of Behavioral and Developmental 
Services and revises the title to refer to the Commissioner of 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1145, L.D. 1622 
Health and Human Services to eliminate the redundancy created by 
the revision clause and reduces the membership on the oversight 
committee to 16. 
Section 21 amends the real estate transfer tax exemptions 
concerning deeds of distribution to include a reference to the 
Maine Uniform Trust Code, 
enacted by the l2lst Legislature. 
Section 22 provides an effective date of July 1, 2005, which is 
the date the Maine Trust Code goes into effect. 
Section 23 corrects a drafting error. 
Title 38, section 
438-B, subsection 5 was enacted by Public Law 2005, chapter 226, 
section 5 and this section enacted a threshold number of 252 
municipalities 
adopting 
standards 
for 
timber 
harvesting 
in 
shoreland areas to trigger the effective date for 
statewide 
standards. 
When drafted, the 2nd reference in subsection 5 was 
not changed from 251 to 252 to reflect the committee's action. 
Section 23 corrects that error. 
Section 
adds 
an 
effective 
date 
of 
days 
after 
adjournment of the First Special Session of the l22nd Legislature. 
Section 
amends 
an 
unallocated transition section of 
Public Law 1999, chapter 706 pertaining to appointments and terms 
of members of the Maine State Museum Commission. 
Chapter 706 
changed the terms of the members from 6 years to 4 years and 
included the transition section to continue the staggering of the 
expiration of the terms. 
As applied, however, the transition 
section will actually cause the terms to which members have been 
appointed since 2000 to be of varying length. 
This section 
deletes the requirements concerning the expiration of 8 terms in 
2006 and 7 terms in 2008. 
The 4-year terms and the limit on 
consecutive terms still apply. 
Section 26 provides an effective date of December 31, 2005 
for the repeal of the Revised Maine Securities Act. 
This date is 
the same as the effective date of the Maine Uniform Securities 
Act, as enacted by Public Law 2005, chapter 65. 
PART D 
Part D updates terminology concerning "career and technical 
education." 
Section 1 amends the definition section of laws concerning 
adult education to include a definition of "career and technical 
education" consistent with Public 
Law 
1991, 
chapter 
and 
Public Law 2003, chapter 545. 
Page l5-LROOOl(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A" to H.P. 1145, L.D. 1622 
Section 2 repeals the definition of "vocational education" 
consistent with Public Law 2003, chapter 545. 
Section 3 provides 
a 
revision clause to carry out the 
revisions intended in Public Law 1991, chapter 716, section 5 and 
Public 
Law 
2003, 
chapter 
545, 
which 
changed 
"vocational 
education" 
to 
"applied technology education" 
to 
"career 
and 
technical education." 
COMMITTEE AMENDMENT