An Act To Correct Errors and Inconsistencies in the Laws of Maine
Maine Legislature, Session 122, LD 2055
Committee: Judiciary
Amends: 2 MRSA §6, 4 MRSA §807-A, 5 MRSA §95, 5 MRSA §957, 5 MRSA §12004-I, 7 MRSA §2902-B, 7 MRSA §29, 10 MRSA §1013, 12 MRSA §8011, 12 MRSA §8012, 12 MRSA §8013, 12 MRSA §8879, 12 MRSA §12506, 14 MRSA §251, 14 MRSA §6521, 17-A MRSA §1348-B, 20-A MRSA §1305-A, 20-A MRSA §1305-B, 20-A MRSA §1403, 20-A MRSA §6051, 20-A MRSA §6651, 20-A MRSA §9706, 20-A MRSA §12733, 20-A MRSA §13101, 20-A MRSA §13506, 21-A MRSA §191, 22 MRSA §661, 22 MRSA §2700-A, 22 MRSA §3174-T, 22 MRSA §4038-C, 24 MRSA §2332-A, 24-A MRSA §2835, 24-A MRSA §2844, 24-A MRSA §2849-B, 24-A MRSA §6908, 12 MRSA §6908, 24-A MRSA §6913, 27 MRSA §69, 28-A MRSA §1361, 29-A MRSA §523, 30-A MRSA §66-A, 30-A MRSA §3754-A, 30-A MRSA §3755, 30-A MRSA §6006-F, 8 MRSA §1207, 8 MRSA §1217, 35-A MRSA §7104, 36 MRSA §191, 36 MRSA §1603, 12 MRSA §12953, 8 MRSA §1036, 30-A MRSA §4314, 7 MRSA §1809, 22 MRSA §3174-G

Legislative Document 
No. 2055 
H.P.1449 
House of Representatives, March 9, 2006 
An Act To Correct Errors and Inconsistencies in the Laws of Maine 
(EMERGENCY) 
Reported by Representative SIMPSON of Auburn for the Revisor of Statutes pursuant to 
the Maine Revised Statutes, Title 1, section 94. 
Reference to the Committee on Judiciary suggested and ordered printed under Joint Rule 
218. 
Printed on recycled paper 
1l/~1J?7Jl~ 
MILLICENT M. MacFARLAND 
Clerk 
Emergency preamble. Whereas, acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, acts 
of 
this 
and 
previous 
Legislatures 
have 
resulted in certain technical errors and inconsistencies in the 
laws of Maine; and 
Whereas, 
these 
errors 
and 
inconsistencies 
create 
uncertainties and confusion in interpreting legislative intent; 
and 
Whereas, it is vitally necessary that these uncertainties 
and this confusion be resolved in order to prevent any injustice 
or hardship to the citizens of Maine; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 2 MRSA §6, sub-§2, as amended by PL 2005, c. 405, Pt. 
D, §l and c. 412, §1, is repealed and the following enacted in 
its place: 
2. 
Bange 90. 
The salaries of the following state officials 
and employees are within salary range 90: 
Superintendent of Financial Institutions: 
State Tax Assessor: 
Superintendent of Insurance; 
Executive Director of the Maine Consumer Choice Health Plan: 
Deputy 
Commissioner, 
Department 
of 
Administrative 
and 
Financial Services: 
Associate Commissioner for Adult Services, 
Department of 
Corrections; 
Associate Commissioner for Juvenile Services, Department of 
Corrections; 
Public Advocate; 
Deputy Commissioner of Integrated Services, Department of 
Health and Human Services: 
~y Commissioner 
of 
Health, 
Integrated 
Access 
and 
Strategy, Department of Health and Human Services: 
Chief Information Officer: 
Associate Commission.er for Legislative and Program Services, 
Department of Corrections; and 
Chief of the State Police. 
Sec. 2. 2 MRSA §6, sub-§3, as amended by PL 2005, c. 397, Pt. 
A, §2; c. 405, Pt. D, §2; and c. 412, §2, is repealed and the 
following enacted in its place: 
3. 
Kenge 89. 
The salaries of the following state officials 
and employees are within salary range 89: 
Director, Bureau of General Services: 
Director, 
Bureau 
of 
Alcoholic 
Beverages 
and 
Lottery 
Operations: 
State Budget Officer: 
State Controller: 
Director of the Bureau of Forestry: 
Director, State Planning Office: 
Director, Energy Resources Office: 
Director of Human Resources; 
Director, Bureau of Parks and Lands; and 
Director of Econometric Research. 
Sec. 3. 4 MRSA §807-A, 2nd 1J, as amended by PL 2005, c. 218, 
§1 and c. 332, §1, is repealed and the following enacted in its 
place: 
Upon promulgation of and in accordance with rules adopted by 
the 
Supreme 
Judicial 
Court, 
employees 
of 
the 
Department of 
Administrative and Financial Services, Bureau of Revenue Services 
ffiQY 
serve civil ~ess and represE;!nt the bureau in District 
Court in disclosure proceedings pursuant to Title 14, chapter 
~02, ancillary to the collection of t~es for wn"~Lwarrants have 
been issued pursuant to Title 36, and may represent the State Tax 
Assessor in arraignment proceedings in District CQurt in cases in 
which a criminal complaint has been filed alleging violation of a 
provision of Title 36. 
Sec. 4. 5 MRSA §95, sub-§10-C, as amended by PL 1991, c. 837, 
Pt. A, §9, is further amended to read: 
lO-C. 
Legislative 
records. 
To 
receive 
be~is*a~ive 
legislative recordsT--t.l:ie. 
The Secretary of the Senate and the 
Clerk of the House of Representatives shall obtain the noncurrent 
records of the Legislature and of each legislative committee at 
the close of each Legislature and transfer them to the Maine 
State Archives for preservation, subject to the orders of the 
Senate or the House of Representatives, respectively, and subject 
to 
schedules established in consultation with 
the 
Executive 
Director of the Legislative Council; 
Sec. 5. 5 MRSA §957, sub-§4, as repealed and replaced by PL 
1991, c. 591, Pt. III, §10, is amended to read: 
4. 
Funds. 
The Department of AQmiRis~~a~ieR Adminis~ve 
and Financial Services shall receive and disburse funds made 
available 
to 
the 
program 
through 
the provisions 
of 
section 
286-A. 
The Director of the Bureau of Human Resources shall 
oversee the implementation and administration of the program. 
Funds made available to the department for the purposes of this 
section, 
from any source, may not lapse, but must be carried 
forward to the next fiscal year to be expended for the same 
purpose. 
Sec. 6. 5MRSA§1507,sub-§6, as amended by PL 1987, c. 395, 
Pt. A, §18, is further amended to read: 
6. 
Claims. 
The 
Governor shall allocate funds 
from 
the 
account for the payment of claims approved or partially approved 
by the State Claims· Commission under section ;L§;LQ l5l0-A. 
Sec. 7. 5 MRSA c. 372, as amended, is further amended by 
repealing the chapter headnote and enacting the following in its 
place: 
PARt l7-A 
CIVIL SERVICE 
CHAPTER 372 
STATE CIVIL SERVICE SYSTEM 
Sec. 8. 5 MRSA c. 373, as amended, is further amended by 
repealing the chapter headnote and enacting the following in its 
place: 
PART 17-B 
C<IIIDBITY SERVICE 
CBAP7ER 373 
MAIRE C(II([SSI(JI FOR C<lMJBITY SERVICE 
Sec. 9. 5 MRSA §12004-I, sub-§S, as enacted by PL 1987, c. 
786, §5, is amended to read: 
5. 
Corrections 
Board of 
Visitors 
(For each 
institution 
under the 
department) 
Expenses 
Only 
34-A MRSA 
§iOOa 
§3001-A 
Sec. 10. 5 MRSA Pt. 19, as amended, is further amended by 
repealing the Part headnote and enacting the following in its 
place: 
PART 19 
RESEARCH ABD DEYELOPMER'1 
Sec. 11. 7MRSA§1034, as amended by PL 2005, c. 294, §18, is 
further amended to read: 
§1034. Inspection 
As-~~~-e~-a~-~~-~~aa-pE9p9&eQ-~~~V&G-PQ~SQaRt 
te--s-eo-t:-iQn.--lQ-d-d"7---s-y.&-s-&G1s-aa-4,--tae .Ihe. Maine Potato Board may 
employ inspectors and may require payments for inspection at a 
rate and schedule to be established by rule by the commissioner. 
The commissioner shall develop proposed rules. 
Sec. 12. 7 MRSA §2902-B, sub-§4, as enacted by PL 2005, c. 
270, §3, is reallocated to 7 MRSA §2902-B, sub-§5. 
4.6 
Sec. 13. 7 MRSA §29S4, sub-§I, as amended by PL 2005, c. 396, 
§l, is further amended to read: 
1. 
Conaission 
empowered 
to 
establish 
prices; 
public 
hearing_ 
The commission is vested with the power to establish 
and change, after investigation and public hearing, the minimum 
wholesale and retail prices to be paid to producers, dealers and 
stores 
for 
milk 
received, 
purchased, 
stored, 
manufactured, 
processed, distributed or otherwise handled within the State. 
The 
commission 
shall 
hold 
a 
public 
hearing 
prior 
to 
the 
establishing or changing of such minimum prices. The commission 
may proceed, however, under the emergency rule-making provisions 
of Title 5, section 8054 without making findings of emergency 
when the only changes to be made in the minimum prices are to 
conform with the orders of any federal or other agency duly 
authorized by law to establish or negotiate producer prices, are 
to respond to other conditions affecting prevailing Class I, 
Class II and Class III prices in southern New England or are to 
reflect the milk handling fee levied and imposed by Title 36, 
chapter 
721. 
Title 5, 
section 8054, 
subsection 3, 
the 
2nd 
sentence, does not apply to minimum prices adopted under tae this 
subsection. 
Due notice of the public hearing must be given by 
publishing notice as provided in Title 5, 
chapter 
375. 
The 
commission shall hold such a public hearing not less frequently 
than once every 12 
months 
to determine whether 
the 
minimum 
wholesale and retail prices then established should be changed. 
In addition to the data received through the implementation of 
the information gathering procedures of its rules as a basis for 
its determinations, 
the commission shall solicit and seek to 
receive oral 
and written testimony at hearings to determine 
whether the minimum wholesale and retail prices then established 
should be changed and whether the proposed minimum wholesale and 
retail prices are just and reasonable. 
Sec. 14. 10 MRSA §1013, sub-§l4, as amended by PL 1997, c. 
732, §2, is repealed. 
Sec. 15. 12 MRSA §8011, as enacted by PL 2001, c. 439, Pt. 
KKKK, §l, is amended to read: 
There is established a certified forest resource manager 
grant fund, referred to in this chapter as the "grant fund," from 
which the bureau may award grants. 
A grant may be awarded to a 
licensed 
pF9~ess~9Ra~ forester 
to 
assist 
that 
forester 
in 
obtaining initial independent 3rd-party certification as a forest 
resource manager. 
Forest land managed by a certified forest 
resource manager 
may 
achieve certification as 
a 
well-managed 
forest through clear review and acceptance procedures. 
Sec. 16. 12 MRSA §8012, sub-§4, as enacted by PL 2001, c. 439, 
Pt. KKKK, §1, is amended to read: 
4. 
Licensed forester. 
"Licensed pl'ej;essieaal 
forester" 
means a person licensed pursuant to Title 32, chapter 1i lQ. 
Sec. 17. 12 MRSA §8013, as enacted by PL 2001, c. 439, Pt. 
KKKK, §1, is amended to read: 
S8013. 
Administration of grant fund; procedure 
The bureau shall administer the grant fund pursuant to this 
section. 
1. 
Eligibility. 
The bureau may award grants to a licensed 
pl'ej;essieaal 
forester 
seeking 
initial 
independent 
3rd-party 
certification as a forest resource manager in order that the 
forester's client landowners may obtain the benefits accruing 
from such certification. 
2. 
Amount of grant. 
The bureau may provide a grant to a 
licensed pl'ej;essieaal forester in an amount equal to 50." of the 
cost of obtaining independent 3rd-party certification as a forest 
resource manager or $1,000, whichever is less. 
3. 
Repayment. 
A licensed pl'ej;essieaal forester who accepts 
a grant but who fails to qualify as a certified forest resource 
manager within one year of receiving the grant or who fails to 
retain certification for 
the full certification period shall 
repay the amount of the grant to the bureau. 
The bureau may 
impose a reasonable interest rate on the amount of the grant. 
4. 
Forms; rulemaiing. 
The bureau shall provide application 
forms for licensed pl'ej;essieaal foresters seeking grants pursuant 
to this chapter. 
The bureau shall adopt rules to implement the 
purposes of this chapter. 
Rules adopted pursuant to this chapter 
are routine technical rules as defined in Title 5, chapter 375, 
subchapter II-A 2-A. 
5. 
Report. 
By January 2, 2007, the director of the bureau 
shall submit a report to the joint standing committee of the 
Legislature having jurisdiction over forestry matters outlining 
the costs and benefits of the certified forest resource manager 
grant fund. 
This subsection is repealed January 31, 2007. 
Sec. 18. 12 MRSA §8879, sub-§I-A, as enacted by PL 2001, c. 
564, §2, is amended to read: 
I-A. 
Report on changes in ownership of forest land. 
Using 
information received under Title 36, section §81-E-
~, the 
director shall monitor changes in ownership of parcels of forest 
land 
that 
are 
1,000 
acres 
or 
greater 
in 
area within 
the 
municipalities of the State and classified under the Maine Tree 
Growth 
Tax 
Law. 
Using information received under Title 36, 
sections 5g1-g-aREl 581-F and 581-G, the director shall monitor 
the number of parcels classified under the Maine Tree Growth Tax 
Law and the distribution of parcels by size. 
The biennial report 
must include information on the number of parcels, classified by 
size categories, for the organized and unorganized territories of 
the State. 
The information must be presented in a manner that 
facilitates comparison from year to year. 
In assessing changes in forest land ownership, the director shall 
also consider information reported pursuant to Title 36, sections 
and 2728. 
The director shall provide a summary of changes in 
ownership of forest land in the biennial report. 
Sec. 19. 12 MRSA §12506. sub-§l, as affected by PL 2003, c. 
614, §9 and repealed and replaced by c. 655, Pte 
B, 
§253 and 
affected by §422, is amended to read: 
1. 
Permit 
required. 
Except 
as 
otherwise 
authorized 
pursuant to this Part and except as provided in sa9See~ieBs-9-aREl 
subsection 
5-A, 
a 
person 
may 
not 
fish 
for 
or 
possess 
the 
following fish using the harvesting methods listed in subsection 
without a valid permit issued under this section: 
A. Alewives; 
B. Eels; 
C. Suckers; 
D. Lampreys; or 
E. Yellow perch. 
Each day a person violates this subsection, that person commits a 
Class E crime for which a minimum fine of $50 and an amount equal 
to twice the applicable license fee must be imposed. 
Sec. 20. 12 MRSA §12506, sub-§5, as repealed and replaced by 
PL 2005, c. 397, Pt. E, §8, is repealed. 
Sec.21. 12 MRSA §12506, sub-§5-A is enacted to read: 
A. 
Exception 
to 
permit 
requirement. 
Notwithstanding 
subsection 1: 
A. 
A person may fish for alewives by use of a dip net or 
single hook and line for consumption by that person or 
members of that person's family, provided that the person 
takes or possesses no more than one bushel in any day and 
provided also that the alewives are not taken from _any 
waters in which a municipality or other person has been 
granted exclusive rights under section 6131; 
B. 
A person may fish for or possess alewives from inland 
waters if tha~erson has been granted fishing rights under 
section 6131; and 
C. 
A person may take suckers for use as bait for fishing in 
inland waters 
as 
provided in section l255l-A without 
a 
permit under subsection 2. 
Sec. 22. 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 t~ail ~ 
by an impartial jury of the county wherein the 
contempt was allegedly committed. 
This requirement shall mgy 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. 23. 14 MRSA §6521, first, is amended to read: 
Commissioners in all cases shall make and sign a written 
return of their proceedings, and make return thereof with their 
warrant to the court from which it issued. 
Their report may be 
confirmed, recommitted or set aside, and new proceedings be had 
as 
before. 
When 
eeR~e~ffieQ confirmed, 
judgment shall ~ 
be 
entered accordingly and recorded by the clerk and by the register 
of deeds of the district where the estate is. 
Sec. 24. 17-A MRSA §1348-B, sub-§2, as amended by PL 2005, c. 
265, §12 and c. 288, §2, is repealed and the following enacted in 
its place: 
2. 
If during the period of deferment the attorney for the 
State has probable cause to believe that a person who was granted 
.deferred disposition pursuant to section 1348-A has violated a 
s;ourt-imposed deferment requirement, the attorney for the State 
m~move the court to terminate the remainder of the period of 
deferment and impose sentence. 
Following notice and hearing, if 
the attorney for the State proves by 
a 
preponderance of the 
~vidence that th~erson has inexcusably failed to complY-Njth a 
.QQurt-imposed deferment requirement, the court may continue the 
running 
of 
the 
period 
of 
deferment 
with 
the 
requirements 
unchanged, modify the requir:ements-,-__ add furtJJ&..J:_ requirements or 
terminate the running of the period of deferment and impose a 
sentencing alternative authorized for the crime to which the 
person 
pled 
gUilty. 
When 
a 
person 
fails 
to 
pay 
the 
~inistrative supervision fee as required under section 1348-A, 
subsection L 
the court may terminate the running of the period 
of deferment and impose sentence unless the person shows that 
failure to pay was not attributable to a willful refusal to pay 
or to a failure on that person's part to make a good faith effort 
to obtain the funds required for the payment. 
If the court finds 
that the person has not inexcusably failed to comply with a 
court-imposed deferment requirement, the court may order that the 
running of the period of deferment continue or, after notice and 
hearing, take any other action permitted under this chapter. 
Sec. 25. 20-A MRSA §1305-A, first" as enacted by PL 1999, c. 
710, §5, is amended to read: 
Notwithstanding section 1302, 
1305, 
1306, 
1307 
15693, after January 31, 2001, the format of the annual 
a 
school 
administrative 
district 
may 
be 
changed 
accordance with this section and section 1305-B. 
or Un1 
budget of 
only 
in 
Sec. 26. 20-A MRSA §1305-B, first 1[, as enacted by PL 1999, c. 
710, §5, is amended to read: 
Notwithstanding sections 1302, 1305, 1306, 
1307 and 15917 
~, after January 31, 2001, the procedure for approval of the 
annual budget of a school administrative district provided under 
sections 1304 and 1305 may be changed only in accordance with 
this 
section 
and 
section 
1305-A. 
The 
budget 
validation 
referendum process provided in this section may not be adopted 
for 
use in a 
school administrative district unless the cost 
center summary budget format provided in section 1305-A is also 
adopted. 
A school administrative district using the alternative 
voting procedures established in section 1305 may reconsider that 
use only if as part of that reconsideration the voters adopt use 
of the cost center summary budget format provided in section 
1305-A or the cost center summary budget format and the budget 
validation referendum process provided in this section. 
Sec. 27. 20-A MRSA §1403, sub-§16, as amended by PL 1983, c. 
364, §1, is further amended to read: 
16. 
General purpose aid. 
When 
a 
school administrative 
district dissolves L 
the general purpose aid for the individual 
municipalities shall ~ 
be computed in accordance with chapter 
606-B. 
Sec. 28. 20-A MRSA §6051, sub-§l, ,E, as amended by PL 2001, 
c. 344, §7, is further amended to read: 
E. 
A determination as to whether the school administrative 
unit has complied with applicable provisions of the Seheel 
FiRaRee-~~-~--~9ge--aa4-~~-S€heel--FiBaBee-~-~--19ge 
Essential Programs and Services Funding Act; and 
Sec. 29. 20-A MRSA §6051, sub-§4, ,E, as enacted by PL 2001, 
c. 344, §8, is amended to read: 
E. 
A written 
determination 
as 
to 
whether 
the 
school 
administrative unit has complied with applicable provisions 
of the Seheel-F4RaRee-Ae~-~-~~~~~~k-FiBaBee-Ae~ 
e'-1996 Essential Programs and Services Funding Act. 
Sec. 30. 20-A MRSA §6651, sub-§6, as enacted by PL 1989, c. 
414, §17, is amended to read: 
6. 
Subsidizable cost of operatinq proqrams 
in private 
secondary 
schools. 
The 
cost 
of 
salaries 
and 
educational 
materials attributable to the child care services shall !lll.lS..t. be 
calculated on a per-child basis. 
One hundred percent of the cost 
per child times 
the number of children whose parents attend 
school 
in the private school shall !lll.lS..t. 
be 
subsidizable as 
program costs under the 
Seheel--F-i-BaBGe--~-*--1986 Essential 
Programs and Services Funding Act if these costs are paid for by 
the 
school 
administrative unit responsible for 
educating the 
student parents. 
Sec. 31. 20-A MRS A §9703, sub-§5, as amended by PL 1989, c. 
911, §2, is further amended to read: 
5. 
Line-item budqet. 
A line-item budget submitted no later 
than 90 days prior to the fiscal year in which the program will 
operate. 
The proposed budget request may not exceed, on a per 
student basis, the state average tuition rate for a total of 12 
students as provided in sections 5804, 5805 and 1§§16 ~. 
Sec. 32. 20-A MRSA §9706, as corrected by RR 1993, c. 1, §50, 
is amended to read: 
§9706. 
Rule-matinq authority 
The commissioner shall adopt rules to implement this chapter 
and the funding 
scheme under the 
Seheel--F-i-&aBGe--~-*--198§ 
Essential Programs and Services Funding Act. 
Sec. 33. 20-A MRSA §12733, as repealed and replaced by PL 
2005, c. 178, §4 and amended by c. 294, §2l, is repealed and the 
following enacted in its place: 
§12733. Actiyities 
To 
assist 
the 
State 
in 
increasing 
higher 
education 
attainment and developing a skilled workforce, the program shall 
provide career and college transition services to young adults 
who are not currently enrolling in higher education and who could 
benefit from enrolling in a community college. 
These services 
may 
include 
scholarships, 
internships 
and 
other 
work-based 
learning experiences: career exploration and planning: assistance 
in completing the community college application and financial aid 
processes: 
academic 
planning: 
and 
information 
related 
to 
continuing higher education beyond the certificate, diploma and 
associate 
degree 
levels, 
consistent 
with 
the 
student's 
~ucational 
an~eer obje~tives. 
These 
services 
must 
be 
provided either directly by the program or through referrals to 
other programs and services available within the Maine Community 
College System or by other education and service providers. 
To 
participate in any of these 
services, 
young adults must 
be 
enrolled in 
a 
public 
secondary school or 
a 
state community 
college or have recently completed a public secondary education 
program. 
The program shall provide those activities and services 
that best serve the goals of the program as defined in this 
chapter and 
th~eds of students and the State and that are 
consistent with the Maine Community College System's goals and 
resources. 
Sec. 34. 20-A MRSA §13101, sub-§2, as enacted by PL 2005, c. 
457, Pt. GG, §1, is amended to read: 
2. 
Appointments. 
The Governor shall appoint the 22 members 
of the board specified in ~ection L 
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 specialty. 
Sec. 35. 20-A MRSA §13506, sub-§3-A, ,8, as corrected by RR 
4.6 
1993, c. 1, §51, is amended to read: 
s. 
The impact on local communities of the Seaee!--.f',lBaBee 
Ae~-ef-l~g§ Essential Programs and Services Funding Act and 
of 
implementing 
increased 
curriculum 
and 
graduation 
requirements, including recommended ways to meet increased 
local 
needs. 
The 
commissioner 
shall estimate 
projected 
local 
costs, 
including 
catastrophic 
costs, 
and 
propose 
alternative 
methods 
for 
meeting 
those 
costs, 
including 
recommendations for additional state funding of education 
costs: and 
Page ll-LR3065(1) 
Sec. 36. 21-A MRSA §191, sub-§4, as enacted by PL 2005, c. 
364, §6, is repealed. 
Sec. 37. 21-A MRSA §J91, as amended by PL 2005, c. 364, §6 
and c. 453, §40, is further amended by adding a new paragraph 
before the last paragraph to read: 
For the purposes of generating an incoming yoting list, the 
central yoter registration system must be capable of being sorted 
so that the Address Confidentiality Program yoter codes and the 
~ddress assigned each yoter by the program appear at the end of 
the alphabetized list and are printed on a separate page of the 
~ 
Sec. 38. 22 MRSA §661, as amended by PL 2005, c. 254, Pt. B, 
§2, is further amended to read: 
§661. 
Pub1ic po1icy 
In the interests of the public health and welfare of the 
people of this State, it is the declared public policy of this 
State that a 
facility licensed by the United States Nuclear 
Regulatory 
Commission 
and 
situated 
in 
the 
State 
must 
be 
accomplished in a manner consistent with protection of the public 
health 
and 
safety 
and 
in compliance 
with 
the 
environmental 
protection policies of this State. It is the purpose of this 
chapter, 
in conjunction with sections 
to 690; Title 25, 
sections 51 and 52; and Title 35-A, sections 4a;n i.l5.l to 4393, 
to exercise the jurisdiction of the State to the maximum extent 
permitted by the United States Constitution and federal 
law. 
Nothing in this chapter may be construed as an attempt by the 
State to regulate radiological health and safety reserved to the 
Federal Government by reason of the United States Atomic Energy 
Act of 1954, as amended. 
Sec. 39. 22 MRSA §2700-A, sub-§4, as enacted by PL 2005, c. 
392, §1, is 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 6§4 254-D shall pay a fee of 
$1,000 per calendar year to the department. 
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. 40. 22 MRSA §3174-T, sub-§II, as repealed and replaced by 
PL 1999, c. 522, §l and affected by §2, is amended to read: 
11. 
Cub Care druq rebate proqrmn. 
Effecti ve October 1, 
1999, the department shall enter into a drug rebate agreement 
with each manufacturer of prescription drugs that results in a 
rebate equal to that which would be achieved under the federal 
Social Security Act, Section 1927. 
~Re6e-~-~-eement-&--Qe 
Re~--~~-~he--aQQi~i&Ral-~-pe~eeR~a~e-~~&~~-~~~~-~RdeF 
seE!~i.eR-~;I,+4-RT 
Sec. 41. 22 MRS A §3174-KK, sub-§3, as reallocated by RR 2005, 
c. 1, §7, is amended to read: 
3. 
Fund purposes. 
Allocations from the fund must prevent 
any loss of services or increased cost of services to a MaineCare 
member or a person receiving benefits under the elderly low-cost 
drug program under section ~94 254-D that would otherwise result 
from 
insufficient 
General 
Fund 
appropriations, 
insufficient 
federal matching funds or any other shortage of funds, changes in 
federal or state law, rule or policy or the implementation of the 
federal 
Medicare 
Prescription 
Drug, 
Improvement, 
and 
Modernization Act of 2003. 
Sec. 42. 22 MRSA §4038-C, sub-§10, as enacted by PL 2005, c. 
372, §6, is amended to read: 
10. 
Limitation. 
The District Court does not have authority 
to provide a 
guardianship subsidy for permanency guardianship 
under section 4~Q8-g 4038-D. 
Sec. 43. 23 MRSA c. 19, sub-c. 5-A, as amended, 
is further 
amended by repealing the subchapter headnote. 
Sec. 44. 24 MRSA §2332-A, sub-§2, as amended by PL 1997, c. 
777, Pt. B, §l, is further amended to read: 
2. 
Medicaid and 
Cub 
Care 
proqrmns. 
Nonprofit 
service 
organizations may not consider the availability or eligibility 
for medical assistance under 
United States 
Code, 
Section 
13969, referred to as "Medicaid," or Title 22, section 
~;I,+4-R 
3174-T, referred to as the "Cub Care program," when considering 
coverage eligibility or benefit calculations for subscribers and 
covered family members. 
Page l3-LR3065(1) 
A. 
To the extent that payment for coverage expenses has 
been made under the Medicaid program or the Cub Care program 
for 
health 
care 
items 
or 
services 
furnished 
to 
an 
individual, the State is considered to have acquired the 
rights of the covered subscriber or family member to payment 
by the nonprofit service organization for those health care 
items or services. 
Upon presentation of proof that the 
Medicaid program or the 
Cub 
Care 
program has 
paid for 
covered 
items 
or 
services, 
the 
nonprofit 
service 
organization shall make payment to the Medicaid program or 
the Cub Care program according to the coverage provided in 
the contract or certificate. 
a. 
A 
nonprofit 
service 
organization 
may 
not 
impose 
requirements on a state agency that has been assigned the 
rights of an individual eligible for Medicaid or Cub Care 
coverage 
and 
covered 
by 
a 
subscriber contract that are 
different 
from 
requirements 
applicable 
to 
an 
agent 
or 
assignee of any other covered individual. 
Sec. 45. 24·A MRSA §2744, as amended by PL 2005, c. 121, Pt. 
I, §§1 and 2 and c. 213, §1 and affected by §3 and amended by c. 
214, §1 and affected by §3, is repealed and the following enacted 
in its place: 
§2744. 
Mental health services 
1. 
Notwithstanding 
any 
prov~s~on of 
a 
health insurance 
policy subject to this chapter, whenever the policy provides for 
payment or reimbursement for services that are within the lawful 
~Gope of practice of a professional listed in subsection 2-A, any 
person covered by the policy is entitled to reimbursement for 
these services if the services are performed by a physician or a 
professional listed in subsection 2-A. 
Payment or reimbursement 
for services rendered by a professional listed in subsection 2-A, 
paragraph at 
C, 
D, 
E or F may not be conditioned upon prior 
diagnosis 
or 
referral 
by 
a 
physician or 
other health care 
E-rofessional, except when diagnosis of the condition for which 
the services are rendered is beyond the scope of their licensure. 
2. 
Nothing in subsection 1 may be construed to reguire a 
health insurance policy subject to this chapter to provide for 
reimbursement of services that are within the lawful scope of 
practice of a professional listed in subsection 2-A. 
2-A. Subsections 1 and 2 apply with respect to the following 
types of professionals: 
A. A psychologist licensed to practice in this State: 
B. 
A certified social worker licensed for the independent 
practice of social work in this State: 
C. 
A licensed clinical professional counselor licensed for 
the independent practice of counseling in this State: 
D. 
A licensed nurse who is certified by the American 
Nurses' 
Association 
as 
a 
clinical 
specialist 
in 
adult 
psychiatric and mental health nursing or as 
a 
clinical 
specialist in child and adolescent psychiatric and mental 
health nursing: 
E. 
A marria~nd family tl}.erapist licensed as a marriage 
and family therapist in this State: and 
F. 
A licensed pastoral counselor licensed as a pastoral 
counselor in this State. 
3. 
Mental 
health 
services 
provided 
Qr 
counseling 
professionals. 
Except as provided in subsection 1 with regard to 
reimbursement 
of 
clinical 
professional 
counselors, 
pastoral 
counselors and marriage and family therapists licensed in this 
State, an insurer that issues individual health care contracts 
~roviding coverage 
for 
mental 
health 
services 
shall 
offer 
coverage 
for 
those 
services 
when 
performed 
by 
a 
counseling 
professional who is licensed by the State pursuant to Title 32, 
chapter 119 to assess and treat interpersonal and intrapersonal 
problems, 
has at least a master's degree in counseling or a 
related field from an accredited educational institution and has 
been employed as a counselor for at least 2 years. 
Any contract 
NQYiding coverage for the services of counseling professionals 
pursuant 
to 
this 
section may 
be 
subject to 
any 
reasonable 
limitations, 
maximum 
benefits, 
coinsurance, 
deductibles 
or 
exclusion 
prov~s~ons applicable to overall benefits under the 
contract. 
This 
subsection applies to all contracts executed, 
delivered, 
issued for delivery, 
continued or renewed in this 
State 
on 
or after January 
1, 
1997. 
For 
purposes 
of 
this 
subsection, all contracts are deemed renewed no later than the 
next yearly anniversary of the contract date. 
Sec. 46. 24-A MRSA §2835, as amended by PL 2005, c. 121, Pt. 
I, §§3 to 5 and c. 213, §2 and affected by §3 and amended by c. 
214, §1 and affected by §3, is repealed and the following enacted 
in its place: 
§2835. 
Mental health services 
1. 
Notwithstanding any provision of 
a 
health insurance 
policy or certificate issued under a group policy subject to this 
chapter, 
whenever 
the 
policy 
provides 
for 
payment 
or 
reimbursement for services that are within the lawful scope of 
practice of a professional listed in subsection 2-A, any person 
covered by the policy is entitled to reimbursement for these 
.seryices if the services 
a_re 
performed by 
a 
physician or 
a 
professional listed in subsection 2-A. 
Payment or reimbursement 
!~ervices rendered by a professional listed in subsection 2-A, 
~raph a, 
C, 
D, 
E or F may not be conditioned upon prior 
~ia~is or 
referral 
by 
a 
physician or other health care 
professionaL except when diagnosis of the condition for which 
the services are rendered is beyond the scope of their licensure. 
2. 
Nothing in subsection 1 may be construed to require a 
health insurance policy subject to this chapter to provide for 
reimbursement of services that are within the lawful scope of 
practice of a professional listed in subsection 2-A. 
2-A. Subsections 1 and 2 apply with respect to the following 
types of professionals: 
A. 
A psychologist licensed to practice in this State: 
B. 
A certified social worker licensed for the independent 
practice of social work in this State; 
C. 
A licensed clinical professional counselor licensed for 
the independent practice of counseling in this State: 
D. 
A 
licen~~e~d __ ~n~u~r~s~e~~w~h~o~~i~sL-~c~e~rLt~~~'f~i£e~d~~b~y __ ~t~h~e~LAm~e~r~i~c~a~n 
Nurses' 
Association 
as 
a 
clinical 
specialist 
in 
adult 
psychiatric 
and mental health nursing or 
as 
a 
clinical 
specialist in child and adolescent psychiatric and mental 
health nursing; 
E. 
A marriage and family therapist licensed as a marriage 
and family therapist in this State; and 
£. 
A licensed past.oral counselor licensed as a pastoral 
counselor in this State. 
3. 
~al health 
serv~ces 
provided 
by 
counseling 
p_rof_gssiona:t~. 
Except as--provided in subsection 1 with regard to 
reimbursement 
of 
clinical 
professional 
counselors, 
pastoral 
counselors and marriage and family therapists licensed in this 
State, 
an 
insurer 
that 
issues 
group 
health 
care 
contracts 
p1:..oviding 
coverage 
for 
mental 
health 
services 
shall 
make 
available 
coverage 
for 
those 
services 
when 
performed 
by 
a 
counseling professional who is licensed by the State pursuant to 
Title 32, 
chapter 
to assess and treat interpersonal and 
intrapersonal 
problems, 
has 
at 
least 
a 
master's 
degree 
in 
counseling or 
a 
related field from 
an accredited educational 
institution and has been employed as a counselor for at least 2 
years. 
Any 
contract providing coverage 
for 
the services of 
counseling professionals pursuant to this section may be subject 
to 
any 
reasonable limitations, 
maximum benefits, 
coinsurance, 
deductibles 
or 
exclusion 
provl.sl.ons 
applicable 
to 
overall 
benefits under the contract. 
This subsection applies to all 
policies, contracts and certificates executed, delivered, issued 
for delivery, continued or renewed in this State. 
For purposes 
of this sU1;Lsection, all contracts are deemed renewed no later 
than the next yearly anniversary of the contract date. 
Sec. 47. 24-A MRSA §2844, sub-§2, as amended by PL 1997, c. 
777, Pt. B, §3, is further amended to read: 
2. 
Medicaid and 
Cub 
Care programs. 
Insurers 
may 
not 
consider the availability or eligibility for medical assistance 
under 
United States 
Code, 
Section 13969, 
referred to 
as 
"Medicaid," or Title 22, section :U14-R 3174-T, referred to as 
the "Cub Care program," when considering coverage eligibility or 
benefit calculations for insureds and covered family members. 
A. 
To the extent that payment for coverage expenses has 
been made under the Medicaid program or the Cub Care program 
for 
health 
care 
items 
or 
services 
furnished 
to 
an 
indi vidual, the State is considered to have acquired the 
rights of the insured or family member to payment by the 
insurer for 
those health care 
items or services. 
Upon 
presentation of proof that the Medicaid program or the Cub 
Care program has paid for covered items or services, the 
insurer shall make payment to the Medicaid program or the 
Cub Care program according to the coverage provided in the 
contract or certificate. 
B. 
An insurer may not impose requirements on a state agency 
that has been assigned the rights of an individual eligible 
for 
Medicaid 
or 
Cub 
Care 
coverage 
and 
covered 
by 
a 
subscriber contract that are different from 
requirements 
applicable to an agent or assignee of any other covered 
individual. 
Sec. 48. 24-A MRSA §2849-B, sub-§3, 1[C-l, as enacted by PL 
1997, c. 777, Pt. B, §6, is amended to read: 
C-1. 
That person was covered by the Cub Care program under 
Title 
22, 
section 
6114-R 
3174-T, 
and 
the 
request 
for 
replacement coverage is made while coverage is in effect or 
within 30 days from the termination of coverage; or 
Sec. 49. 24-A MRSA §6908. sub-§12, as enacted by PL 2005, c. 
400, Pt. A, §5, is reallocated to 12 MRSA §6908, sub-§13. 
Sec. 50. 24-A MRS A §6913, sub-§3, ,E, as enacted by PL 2005, 
c. 400, Pt. A, §11, is amended to read: 
E. Savings offset payments may not begin until 12 months 
after 
Dirigo 
Health 
begins 
providing 
health 
insurance 
coveragef-,-
Sec. 51. 24-A MRSA §6913, sub-§3, ,G, as enacted by PL 2005, 
c. 400, Pt. A, §11, is amended to .read: 
G. Savings offset payments received by Dirigo Health must be 
pooled with other revenues of the agency in the Dirigo 
Health Fund established in section 6915f-a89-,-
Sec. 52. 27 MRSA §69, sub-§3, as enacted by PL 1977, c. 546, 
§1, is amended to read: 
3. 
Surplus. The State Librarian may sell copies of each 
history that are not distributed under subsection 2. The State 
Librarian shall fix the price of sale at the retail price of the 
history. The Maine State Museum may sell these copies through its 
museum sales program, 
p~9v~ge9 except that the proceeds from the 
sale of these town histories BRa;!,;!, mgy not be used as required 
under section 89T-~~~-eemp~~meata~y-~~~~~~~-r~~~-BY 
tRat--se€t.i9B--sba-l..J-~-Be-£eEJ:\,I.i£e9 lUL::A. 
All proceeds from the 
sales of these town histories BRa;!,;!, must be used to pay the costs 
of the distribution required under subsection 2, and any proceeds 
beyond these costs 
BRa;!,;!, 
must be used to meet the costs of 
purchase under subsection 1. 
Sec. 53. 28-A MRSA §1361, sub-§4, as amended by PL 1997, c. 
373, §116, is further amended to read: 
4. 
No sales of malt liquor or wine to person without 
wholesale license. 
No certificate of approval holder, except a 
small Maine brewery or Maiae farm winery licensee allowed to sell 
directly to retailers, may sell or cause to be transported into 
the State any malt liquor or wine to any person to whom a Maine 
wholesale license has not been issued by the bureau. 
Malt liquor 
or wine 
must 
be delivered to the place of business of the 
wholesaler as shown in the wholesaler's license, must be unloaded 
and 
inventoried 
at 
the 
wholesaler's 
premises 
upon 
the 
wholesaler's receipt of the shipment and must come to rest before 
delivery is made to any retailer to enable the bureau to inspect 
and inventory wholesale warehouses for the purpose of verifying 
taxes that are required to be paid on malt liquor and wine 
purchased by importers. 
Sec. 54. 29-A MRS A §523, sub-§5, 1JQ, as amended by PL 2005, c. 
420, §1 and c. 433, §8 and affected by §28, is repealed and the 
following enacted in its place: 
O. 
Kosovo Service Medal; 
Sec. 55. 29-A MRSA §523, sub-§5, 1JR, as enacted by PL 2005, c. 
420, §2 and c. 433, §9 and affected by §28, is repealed and the 
following enacted in its place: 
R. 
Korea Defense Service Medal: 
Sec. 56. 29-A MRS A §752-A, as enacted by PL 2005, c. 433, 
§11 and affected by §28, is repealed and the following enacted in 
its place: 
§752-A. 
Ezempted odometer infonmation 
A veh~cle's odQm~ter reaqins~is not required to be disclosed 
on transfers of the following vehicles: 
1. 
Not 
self-propelled. 
A 
vehicle 
that 
is 
not 
self-propelled; or 
2. 
Ten years old. 
A vehicle that is 10 years old or older. 
Notwithstanding 
any other provisions of this Title, 
the 
~~retary of State may 
require odometer 
information for 
any 
vehicle, as set forth in section 752, upon showinQ by records or 
other 
sufficient evidence 
that vehicle 
mileage 
discrepancies 
exist. 
Sec. 57. 30-A MRSA §66-A. sub-§2, 1JC, as enacted by PL 2003, 
c. 291, §2, is amended to read: 
C. 
Commissioner 
District 
Number 
3, 
in 
the 
County 
of 
Aroostook, 
consists 
of 
the 
minor 
civil 
divisions 
of 
Allagash, Caswell, 
Cyr Plantation, Eagle Lake, Fort Kent, 
Frenchville, 
Grand 
Isle, 
Hamlin, 
Limestone, 
Madawaska, 
Nashville 
Plantation, 
New 
Canada, 
New 
Sweden, 
Perham, 
Portage Lake, St. Agatha, St. Francis, St. John Plantation, 
Stockholm, 
Van 
Buren, 
Wade, 
Wallagrass, 
Westmanland, 
Winterville 
Plantation 
and 
Woodland 
and 
the 
unorganized 
territories of Connor and Square Lake. 
The term of office 
of the county commissioner from this district expires in 
2004 and every 4 years thereafter. 
Sec. 58. 30-A MRSA §3754-A. sub-§5, 1JD, as amended by PL 2005, 
c. 247, §2 and c. 424, §4, is repealed and the following enacted 
in its place: 
c. 
D. 
Junkyard 
and 
automobile 
graveyard 
owners 
must 
demonstrate at the time of licensing that the facility or 
facilities for which they seek permits are, or are part of, 
viable business entity and the facility or facilities are 
actively engaged in the business of salvaging, recycling, 
dismantling, 
processing, 
repa~r~ng or rebuilding junk or 
vehicles for the purpose of sale or trade: 
Sec. 59. 30-A MRSA §3755 .. A, sub-§3, ,H, as. amended by PL 2005, 
247, §5 and affected by §7, is further amended to read: 
H. 
Dismantling of a vehicle must be performed in accordance 
with the following standards. 
(1) 
Batteries must be removed. 
(2) 
All fluids, including but not limited to engine 
lubricant, 
transmission 
fluid, 
brake 
fluidL 
power 
steering 
fluid, 
hydraulic 
fluid, 
engine 
coolant, 
gasoline, diesel fuel and oil, must be drained into 
watertight, covered containers and must be recycled or 
disposed of in accordance with applicable federal and 
state laws, rules and regulations. 
(3) 
Fluids from a vehicle may not be permitted to flow 
or be discharged into or onto the ground. 
(4) 
Storage, 
recycling or disposal of all fluids, 
refrigerant, batteries and mercury switches must comply 
with all applicable federal and state laws, rules and 
regulations. 
(5) 
A log must be maintained of all motor vehicles 
handled 
that 
includes 
the 
date 
each 
vehicle 
was 
acquired, a copy of the vehicle's title or bill of sale 
and 
the 
date 
or 
dates 
upon 
which 
all 
fluids, 
refrigerant, 
batteries 
and 
mercury 
switches 
were 
removed. 
(6) 
All fluids, 
refrigerant, batteries and mercury 
switches must be removed from motor vehicles that lack 
engines 
or 
other 
parts 
that 
render 
the 
vehicles 
incapable of being driven under their own motor power 
or that are otherwise incapable of being driven under 
their own motor power within 180 days of acquisition. 
Motor vehicles acquired by and on the premises of an 
automobile recycling business prior to October 1, 2005 
must 
have 
all 
fluids, 
refrigerant, 
batteries 
and 
mercury switches removed by January 1, 2007. 
Fluids 
required to be removed under this subparagraph must be 
removed to the greatest extent practicable. 
(7) 
All fluids, 
refrigerant, batteries and mercury 
switches must be removed from vehicles before crushing 
or shredding. 
Fluids required to be removed under this 
subparagraph must be removed to the greatest extent 
practicable. 
Sec. 60. 30-A MRSA §6006-F, sub-§3, ,G, as amended by PL 2005, 
c. 386, Pt. L, §2, is further amended to read: 
G. 
To invest as a source of revenue or security for the 
payment of principal and interest on general or special 
obligations of the bank if the proceeds of the sale of the 
obligations have been deposited in the fund, 
or if the 
proceeds of the sale of the obligations are used for the 
purposes 
authorized in paragraph 
A 
and certified under 
subsection 5, or as a source of revenue to subsidize the 
school administrative unit loan payment obligations; aRe 
Sec. 61. 30-A MRSA §6006-F, sub-§3, ,H, as amended by PL 2005, 
c. 272, §1 and c. 386, Pt. L, §2, is repealed and the following 
enacted in its place: 
H. 
To pay the costs of the bank and the Department of 
Education associated with the administration of the fund and 
projects financed by the fund, except that no more than the 
lesser of 2°'b of the aggregate of the highest fund balances 
in any fiscal year and 
4"0 of the combined value of any 
capitalization grants provided by the United States for 
deposit in the fund may be used for these purposes. 
The 
Commissioner of Education is authorized to receive revenue 
from the fund administered by the bank. 
Funds provided to 
the Department of Education from the fund must be deposited 
in a non1apsing dedicated account to be used to carry out 
the purposes of this section; and 
Sec. 62. 30·A MRSA §6006.F, sub-§3,~, as amended by PL 2005, 
c. 272, §1 and repealed by c. 386, Pt. L, §3, is repealed. 
Sec. 63. 31 MRSA c. 3. as amended, 
is further amended by 
repealing the chapter headnote. 
Sec. 64. 34·A MRSA §3001·A is enacted to read: 
S300l-A. 
Boards of visitors 
1. 
Ap~intment. The Governor shall appoint a board of 5 
visitors for each correctional facility under the department, as 
authorized by Title 5, section 12004-1, subsection 5. 
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 
qn employee of the 
department may not serve on any board of visitors. 
D. 
At leqst 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 
~ 
F. 
The Governor shqll 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 physical areqS 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 of 
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. 
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 
request 
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 
Ml 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 prescribed by departmental policies 
regarding volunteer activities generally. 
Sec. 65. 34·A MRSA §3002, as repealed and replaced by PL 
2005, c. 216, §l, is repealed. 
Sec. 66. 34-8 MRSA §1207. sub·§l, ,H, as enacted by PL 2003, 
c. 563, §3, is amended to read: 
H. 
The names and dates of death of individuals who died 
while patients at the Augusta Mental Health Institute, the 
Bangor Mental Health Institute, the Dorothea Dix Psychiatric 
Center or the 
Riverview Psychiatric Center 
may 
be 
made 
available to the public in accordance with rules adopted by 
the department. 
The rules must require the department to 
notify the public regarding the release of the information 
and 
to 
maintain 
the 
confidentiality 
of 
information 
concerning any deceased individual whose surviving relatives 
notify 
the 
department 
that 
they 
object 
to 
public 
disclosure. 
Rules adopted pursuant to this paragraph are 
routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
Sec. 67. 34-8 MRSA §1217, as enacted by PL 1991, c. 9, Pt. E, 
§18, is amended to read: 
§1217. 
Application of consent decree 
It is the intent of the Legislature that the principles of 
the consent decree issued on August 2, 
1990 by the Superior 
Court, Kennebec County, in Civil Action Docket No. 89-88 as they 
relate to the development of a comprehensive mental health system 
apply to all persons with severe and prolonged mental illness. 
The 
individualized support plan process 
as 
contained in the 
decree in paragraphs 49 through 74, to the extent possible and 
within available resources, must be applicable to current and 
future patients of the former Bangor Mental Health Institute ~ 
the 
Dorothea 
Dix 
Psychiatric 
Center. 
In 
addition, 
patient 
assessments must be provided to Bangor Mental Health Institute 
and Dorothea Dix Psychiatric Center patients beginning July 1, 
1991 and must be completed quarterly until individualized support 
plan implementation is developed. 
Sec. 68. 35-A MRSA §7104, sub-§5, as amended by PL 2005, c. 
305, §1 and c. 336, §3, is repealed and the following enacted in 
its place: 
5. 
Funds for Communications Equipment Fund. 
The commission 
shall annually transfer $85,000 from a state universal service 
fund established pursuant to this section to the Communications 
Equipment Fund established under Title 26, section 1419-11.. 
If the Department of Labor, 
Bureau of Rehabilitation Services 
does not receive from federal or other sources funds in addition 
to the $85,000 sufficient to carry out the purposes of Title 26, 
section 1419-11., the commission, at the request of the Department 
of Labor, Bureau of Rehabilitation Services, may transfer from 
the state universal service fund to the Communications Equipment 
Fund an additional $37,500. 
The commission may~~n the request of the Department of Lab~ 
~au of Rehabilitation Services and after a finding that the 
funds are necessary and that sufficient attempts have been made 
by the Bureau of Rehabilitation Services to maximize federal 
support to support emergency alert telecommunications service, 
tr~Q.nsfer up to $60,000 in fiscal year 2005-06, up to $90,000 in 
fiscal year 2006-07 and up to $120,000 in any subsequent fiscal 
year from the state universal service fund established by this 
.§..ection to the CommJ,lnications Eguipment Fund established under 
Title 26, section 1419-11. for the exclusive purpose of supporting 
the Ai.~Ynt program established under Title 26, section 1419-11., 
subsection 6. 
The commission may require contributions to the state universal 
service 
fund 
in 
an 
amount 
necessary 
to 
collect 
amounts 
transferred pursuant to this subsection. 
Sec. 69. 36 MRSA §191, sub-§2, ,BB, 
332, 
§ 7; 
c. 
395, 
§ 1; 
and c. 
396, 
following enacted in its place: 
as amended by PL 2005, c. 
§5, 
is repealed and 
the 
BB. 
The disclosure to an authorized representative of the 
Department of Health and Human Services, Office of Child 
Care 
and 
Head 
Start 
of 
taxpayer 
information 
directly 
relating to the certification of investments eligible for or 
the eligibility of a taxpayer for the quality child care 
investment credit provided by section 5219-0: 
Sec. 70. 36 MRSA §191, sub-§2, ,CC, 
332, 
§ 8; 
c. 
395, 
§ 2; 
and 
c . 
396, 
following enacted in its place: 
as amended by PL 2005, c. 
§6, 
is repealed and 
the 
CC. 
The disclosure to an authorized representative of the 
Department 
of 
Professional 
and 
Financial 
Regulation 
of 
information necessary for the administration of Title 10, 
chapter 222: 
Sec. 71. 36 MRSA §191. sub-§2. VF, as enacted by PL 2005, c. 
332, §9, is amended to read: 
FF. 
The disclosure to the Department 
State, 
Bureau 
of 
Motor 
Vehicles 
of 
seeking registration of a vehicle has 
by Part 3 with respect to that vehicle; 
of the Secretary of 
whether 
the 
person 
paid the tax imposed 
aRe 
Sec. 72. 36 MRSA §191, sub-§2, ,GG, as enacted by PL 2005, c. 
332, §9, is amended to read: 
GG. The disclosure to the Department of Inland Fisheries and 
Wildlife, Bureau of Administrative Services of whether the 
person seeking registration of 
a 
snowmobile, 
all-terrain 
vehicle or watercraft has paid the tax imposed by Part 3 
with respect to that snowmobile, 
all-terrain vehicle or 
watercraftTL 
Sec. 73. 36 MRS A §191, sub-§2, ,UU, as reallocated by RR 2005, 
c. 1, S18, is amended tb read: 
HH. 
The disclosure to an authorized representative of a 
municipality that 
has 
adopted 
a 
municipal 
property 
tax 
assistance 
program 
under 
chapter 
907-A 
of 
information 
related to a claimant's receipt of benefits under chapter 
907. 
This paragraph does not authorize the disclosure of a 
claimant's 
income. 
A municipality 
rece~v~ng information 
under 
this 
paragraph 
shall 
keep 
the 
information 
confidentialT~ 
Sec. 74. 36 MRSA §1603, sub-§I, ,A, as amended by PL 1995, c. 
565, §1, is further amended to read: 
read: 
A. 
The cost of, education, as would be determined by the 
Ma~Re-~B&&~-~~-~--~~-199~ Essential Programs 
and 
Services Funding Act if the unorganized territory were 
a 
municipali ty; 
Sec. 75. PL 2005, c. 12, Pt. m, §35, amending clause is amended to 
Sec. m-35. 12 MRSA §12953, sub-§7, as affected by PL 2003, c. 
614, §9 and amended by c. 655, Pt. B, §346 and affected by §422, 
is further amended to read: 
Sec. 76. PL 2005, c. 109, §1, amending clause is amended to read: 
Sec. 1. 8 MRSA §1036, sub-§2,,-F, as enacted by PL 2003, c. 
687, Pt. A, §5 and affected by Pt. 9 ~, §11, is amended to read: 
Sec. 77. PL2005,c.216,§2 is amended to read: 
Sec. 2. Staggered terms. 
Notwithstanding the Maine Revised 
Statutes, Title 34-A, section aQQa 300I-A, the terms of members 
of boards of visitors appointed pursuant to Title 34-A, section 
aQQa 3001-A during the first year following the effective date of 
this Act must be staggered and be for 1, 2 or 3 years. 
Sec. 78. PL 2005, c. 216, §3 is amended to read: 
Sec. 3. 
Application. 
Notwithstanding 
the 
Maine 
Revised 
Statutes, 
Title 
34-A, 
section 
aQQa 
3001-A, 
subsection 
1, 
paragraph C, a current member of a board of visitors who is an 
employee of the Department of Corrections may continue to serve 
on 
a 
board until March 
15, 
2006 
or until 
a 
new 
member 
is 
appointed, whichever is sooner. 
Sec. 79. PL 2005, c. 397, Pt. A, §31, amending clause is amended to 
read: 
Sec. A-31. 30-A MRSA §4314. sub-§3, 1JE, as amended by PL 2003, 
c. 595, §1 and c. 914 641, §4, is repealed and the following 
enacted in its place: 
Sec. 80. PL 2005, c. 397, Pt. B, §3 is amended to read: 
Sec. B-3. 7 MRSA §1809, sub-§I, as repealed and replaced by PL 
2001, c. 572, §38, is amended to read: 
1. Permit required. 
The commissioner may require a person 
who imports animals into the State to obtain a permit before the 
time of entry. 
When a permit is required, the permit or permit 
number must accompany the shipment. 
The commissioner may refuse 
to grant a permit or may issue one subject to quarantine at 
destination if the animals do not meet importation requirements 
or do not comply with the inland fisheries and wildlife laws and 
rules 
adopted 
by 
the 
Commissioner 
of 
Inland 
Fisheries 
and 
Wildlife under Title 12, chapter 
'+Q'+ 
~, subchapter 
'+ 
or 
Title 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. 
When 
an animal is brought into the State without a 
required 
permit, the commissioner or the Commissioner of Inland Fisheries 
and Wildlife may 
condemn the 
animal 
and order it euthanized 
without indemnity. 
Sec. 81. PL 2005, c. 401, Pt. C, §6 is amended to read: 
Sec. C-6. 22 MRSA §3174-G, sub-§I-C, as enacted by PL 2001, 
c. 650, §3, is amended to read: 
1-C. 
Prescription drug waiver program. 
Except as provided 
in paragraph G, the department shall apply to the federal Centers 
for Medicare 
and Medicaid Services for 
a 
waiver or 
amend 
a 
pending or current waiver under the Medicaid program authorizing 
the department to use federal matching dollars to enhance the 
prescription drug benefits available to persons who qualify for 
the elderly low-cost drug program established under section d§4 
254-D. 
The 
program 
created pursuant 
to 
the 
waiver 
is 
the 
prescription drug waiver program, referred to in this subsection 
as the "program." 
A. 
As 
funds permit, the department has the authority to 
establish income eligibility levels for the program up to 
and including 200'+0 of the federal nonfarm income official 
poverty level, 
except that for individuals in households 
that spend at least 40""0 of income on unreimbursed direct 
medical expenses for prescription medications, 
the income 
eligibility level is increased by 25%. 
B. 
To the extent reasonably achievable under the federal 
waiver process, the program must include the full range of 
prescription drugs provided under the Medicaid program on 
the 
effective 
date 
of 
this 
subsection 
and 
must 
limit 
copayments 
and 
cost sharing for 
participants. 
If cost 
sharing above the nominal cost sharing for the Medicaid 
program is determined to be necessary, . the department may 
use a sliding scale to· minimize the financial burden on 
lower-income participants. 
C. 
Coverage under the program may not be less beneficial to 
persons who meet the qualifications of former section 254 
than the coverage available under that section on September 
30, 2001. 
D. 
In determining enrollee benefits under the program, to 
the extent possible, 
the department shall give equitable 
treatment 
to 
coverage 
of 
prescription 
medications 
for 
cancer, Alzheimer's disease and behavioral health. 
E. 
The department is authorized to provide funding for the 
program by using funds appropriated or allocated to provide 
prescription drugs under sections ai4 l5i=D and 258. 
F. 
The department is authorized to amend the waiver or 
adjust program requirements as necessary to take advantage 
of enhanced federal matching funds that may become available. 
G. 
If, upon thorough analysis, the department determines 
that a waiver under this subsection is not feasible or would 
not 
significantly 
benefit 
participants 
in 
the 
elderly 
low-cost drug program, 
the department may decide not to 
pursue the waiver. 
Within 30 days of a decision not to 
proceed with a 
waiver and before taking action on that 
decision, the department shall report to the joint standing 
committee of the Legislature having jurisdiction over health 
and human services matters and shall provide a detailed 
analysis of the reasons for reaching that decision. 
Sec. 82. Resolve 2005, c. 16, §2 is amended to read: 
Sec. 
2. 
Report. 
Resolved: 
That 
the 
Department 
of 
AQmiRis~Fa~ieR Administrative and Financial Services, Division of 
Purchases shall report to the Joint Standing Committee on State 
and Local 
Government by January 15, 
2006 
on the information 
obtained pursuant to section 1. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
Section 1 corrects a conflict created by Public Law 2005, 
chapters 405 and 412, which affected the same provision of law, 
by incorporating changes made by both laws. 
Section 2 corrects a conflict created by Public Law 2005, 
chapters 397, 405 and 412, which affected the same provision of 
law, by incorporating the changes made by all 3 laws. 
Section 3 corrects a conflict created by Public Law 2005, 
chapters 218 and 332, which affected the same provision of law, 
by incorporating the changes made by both laws. 
Section 4 corrects clerical errors. 
Section 5 corrects a reference to a department. 
Section 6 corrects a cross-reference. 
Section 7 corrects 
heading to reflect the 
Title 5, chapter 372. 
structural errors by enacting a new Part 
intent of the Maine Revised Statutes, 
Section 8 corrects structural errors by enacting a new Part 
heading to reflect the intent of the Maine Revised Statutes, 
Title 5, chapter 373. 
Section 9 corrects a cross-reference. 
Section 10 repeals and replaces a Part headnote. 
Section 
corrects 
a 
cross-reference 
and 
strikes 
a 
reference to an annual plan prepared by the former Maine Potato 
Quality Control Board. 
Section 12 corrects a numbering problem created by Public 
Law 2005, 
chapters 172 and 270, which enacted 2 substantively 
different provisions with the same subsection number. 
Section 13 corrects a clerical error. 
Section 14 removes a reference to the University of Maine 
System 
Scholarship 
Fund 
in 
a 
list 
of 
scholarship 
funds 
administered 
by 
the 
Finance 
Authority 
of 
Maine 
because 
juriSdiction over this 
fund 
was 
transferred to 
the 
Board of 
Trustees of the University of Maine System pursuant to Public Law 
2005, chapter 109. 
Sections 15, 16 and 17 correct a cross-reference and change 
"licensed 
professional 
forester" 
to 
"licensed 
forester" 
to 
reflect the changes made by Public Law 2001, chapter 261, section 
4. 
Section 18 corrects cross-references. 
Sections 19, 20 and 21 correct an error made when a unit of 
law was repealed and replaced by repealing the Maine Revised 
Statutes, Ti tIe 12, section 12506, subsection 5 and enacting a 
new subsection 5-A. 
Section 19 corrects a cross-reference to the 
repealed subsection 5. 
Section 22 corrects spelling and grammatical errors. 
Section 23 corrects spelling and grammatical errors. 
Section 24 corrects a conflict created by Public Law 2005, 
chapters 265 and 288, which affected the same provision of law, 
by incorporating the changes made by both laws. 
Sections 25 and 26 correct cross-references. 
Section 27 corrects a cross-reference and grammar. 
Sections 28 and 29 correct cross-references. 
Section 30 corrects a cross-reference and grammar. 
Section 31 corrects a cross-reference. 
Section 32 corrects a cross-reference. 
Section 33 corrects a conflict created by Public Law 2005, 
chapters 178 and 294, which affected the same provision of law. 
This section repeals the provision and replaces it with the 
chapter 178 version. 
Section 34 corrects a cross-reference by adding a subsection 
reference that was omitted. 
Section 35 corrects a cross-reference. 
Sections 36 and 37 correct a formatting error. 
Section 38 corrects cross-references. 
Section 39 corrects a cross-reference. 
Section 40 corrects an error that was created when Public 
Law 
2005, 
c. 
repealed 
and 
replaced 
the 
Maine 
Revised 
Statutes, Title 22, section 3l74-R and repealed the reference to 
the 6 percentage point requirement, by striking the reference to 
the 6 percentage point requirement in this section. 
Section 41 corrects a cross-reference. 
Section 42 corrects a cross-reference. 
Section 43 repeals the subchapter headnote of a 
repealed 
subchapter. 
Section 44 corrects a cross-reference. 
Section 45 corrects a conflict created by Public Law 2005, 
chapters 121, 213 and 214, which affected the same provision of 
law, by incorporating changes made by all 3 laws. 
It also makes 
technical changes. 
Section 46 corrects a conflict created by Public Law 2005, 
chapters 121, 213 and 214, which affected the same provision of 
law, by incorporating changes made by all 3 laws. 
It also makes 
technical changes. 
Section 47 corrects a cross-reference. 
Section 48 corrects a cross-reference. 
Section 49 corrects a numbering problem created by Public 
Law 2005, chapters 394 and 400, which enacted 2 substantively 
different provisions with the same subsection number. 
Section 50 corrects punctuation, and section 51 deletes a 
conjunction and corrects punctuation. 
Section 
corrects 
a 
cross-reference, 
makes 
grammatical 
changes and strikes a 
reference to complimentary publications 
that are not required under the Maine Revised Statutes, Title 27, 
section 89-A. 
Section 53 
changes the term "Maine farm winery" to "farm 
winery" to reflect the change that was made by Public Law 1993, 
c. 730, which repealed the provision of law that defined "Maine 
farm winery" and enacted a 
new provision of law that defines 
"farm winery." 
Sections 54 and 55 correct a conflict created by Public Law 
2005, chapters 420 and 433, which affected the same provisions of 
law. 
This section repeals the provisions and replaces them with 
the chapter 433 version. 
Section 56 
corrects a 
formatting error by repealing and 
replacing a section of law. 
Section 57 corrects the names of Cyr Plantation, St. John 
Plantation, Nashville Plantation and Winterville Plantation. 
Section 58 corrects a conflict created by Public Law 2005, 
chapters 247 and 424" which affected the same provision of law, 
by incorporating the changes made by both laws .. 
Section 59 corrects a punctuation error. 
Sections 60, 
and 62 correct several errors created by 
Public Law 2005, chapters 272 and 386, which affected the same 
provision of law, by placing the conjunction in the proper place 
and repealing the Maine Revised Statutes, Title 30-A, section 
6006-F, subsection 3, paragraph I as amended by Public Law 2005, 
chapter 272. 
Section 63 
repeals a chapter headnote. 
Public Law 1969, 
chapter 324, section 2 repealed the Maine Revised Statutes, Title 
31, sections 51 to 60, which encompassed all of Title 31, chapter 
3. 
Sections 64 
and 65 correct an error that was created by 
Public 
Law 
2005, 
chapter 
216, 
which 
improperly repealed and 
replaced the Maine Revised Statutes, Title 34-A, section 3002. 
These sections repeal section 3002 and enact a new section 300l-A. 
Section 66 adds the phrase "Dorothea Dix Psychiatric Center" 
to implement the revision clause in Public Law 2005, chapter 236, 
section 3. 
Section 67 
adds the word 
Health Institute" and also adds 
"former" before "Bangor Mental 
references to the Dorothea Dix 
Psychiatric Center to implement the revision clause in Public Law 
2005, chapter 236, section 3. 
Section 68 corrects a conflict created by Public Law 2005, 
chapters 305 and 336, which affected the same provision of law. 
This section repeals the provision and replaces it with the 
chapter 336 version. 
Section 69 corrects a conflict created by Public Law 2005, 
chapters 332, 395 and 396, which affected the same provision of 
law. 
This section repeals the provision and replaces it with the 
chapter 332 version. 
Section 70 corrects a conflict created by Public Law 2005, 
chapters 332, 395 and 396, which affected the same provision of 
law. 
This section repeals the provision and replaces it with the 
chapter 332 version. 
Sections 71, 72 and 73 correct punctuation and conjunction 
errors that were created when the Revisor's Report 2005, chapter 
reallocated provisions of law that were enacted by Public Law 
2005, chapters 332, 395 and 396. 
Section 74 corrects a cross-reference. 
Section 75 corrects an amending clause. 
Section 76 corrects an amending clause. 
Sections 77 and 78 correct a cross-reference. 
Section 79 corrects an amending clause. 
Section 80 corrects an error that was created when a blocked 
paragraph to the Maine Revised Statutes, Title 7, section 1809, 
subsection 1 was not included in Public Law 2005, chapter 397, 
Part B, section 3 when section 1809, subsection 1 was amended. 
Section 
corrects 
an 
paragraphs were not included 
Part C, 
section 6 when the 
section 3174-G, subsection 1-C 
error that 
was 
created when 
in Public Law 2005, chapter 401, 
Maine Revised Statues, Title 22, 
was amended. 
Section 82 corrects a clerical error.