An Act To Correct Errors and Inconsistencies in the Laws of Maine
Maine Legislature, Session 123, LD 1904
Committee Amendment CA_A_H630 (House)
Amends: 5 MRSA §13090-H, 5 MRSA §15302, 9-A MRSA §3, 9-A MRSA §8, 9-A MRSA §9, 17-A MRSA §16, 19-A MRSA §352, 20-A MRSA §401, 20-A MRSA §15689, 22 MRSA §1471-B, 22 MRSA §8702, 14 MRSA §4751, 30-A MRSA §4360, 10 MRSA §8002, 17-A MRSA §10, 20-A MRSA §7201, 24-A MRSA §222, 24-A MRSA §707, 24-A MRSA §2008, 24-A MRSA §2302, 24-A MRSA §4204

COMMITTEE AMENDMENT "A" to RP. 1338, L.D. 1904, Bill, "An Act To 
Correct Errors and Inconsistencies in the Laws of Maine" 
Amend the bill by inserting before section I the following: 
'PART A' 
Amend the bill by striking out all of sections 13 and 29. 
Amend the bill in section 51 in the first line (page 10, line 24 in L.D.) by striking out 
the following: "Act" and inserting the following: 'Part' 
Amend the bill by striking out all of section 52 and inserting the following: 
'Sec. 52. 30-A MRS A §4722, sub-§l, ~AA, as amended by PL 2007, c. 326, §2, 
is further amended to read: 
AA. Certify transfers of multifamily affordable housing property that qualify for the 
deduction under Title 36, section 5122, subsection 2, paragraph W Z.- or Title 36, 
section 5200-A, subsection 2, paragraph Q. The affordability restrictions that apply 
under this paragraph must be contained in a declaration signed by the transferee and 
recorded in the appropriate registry of deeds at the time of the sale or transfer. 
(l) 
For the purposes of this paragraph, "multifamily affordable housing 
property" means a decent, safe and sanitary dwelling, apartment building or other 
living accommodation that includes at least 6 units, that meets at least one of the 
following affordability restrictions and for which those affordability restrictions, 
as applicable, expire in 10 years or less from the date of the sale or transfer of the 
property: 
(a) At least 20% of the units have restricted rents affordable to households 
earning no more than 80% of the area median income as determined by the 
United States Department of Housing and Urban Development; 
COMMITTEE AMENDMENT 
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IS 
COMMITTEE AMENDMENT" A 
.. to H.P. 1338, L.D. 1904 
(b) The property is assisted by the United States Department of Housing and 
Urban Development, the United States Department of Agriculture or the 
Maine State Housing Authority; or 
(c) The property qualifies for low-income housing credits under the United 
States Internal Revenue Code of 1986, Section 42. 
(2) For the purposes of this paragraph, property does not qualify as multifamily 
affordable housing property unless: 
(a) The transferee agrees to maintain the property as multifamily affordable 
housing property for an additional 30 years from the scheduled expiration; 
(b) 
If the existing federal, state or other assistance is not available to 
maintain the property as multifamily affordable housing property, the 
transferee agrees to ensure that 112 of the units are affordable to persons at 
60% of the area median income as determined by the United States 
Department of Housing and Urban Development for 30 years from the 
expiration of the then-existing affordability restrictions; or 
(c) The transferee agrees to an alternative affordability agreement approved 
by the Maine State Housing Authority; and' 
Amend the bill by striking out all of sections 58, 59 and 69. 
Amend the bill by striking out all of section 75 and inserting the following: 
'Sec. 75. Application. Those sections of this Part that repeal and replace the 
Maine Revised Statutes, Title 36, section 5122, subsection 2, paragraph V and subsection 
2, paragraph Wand amend subsection 2, paragraph X apply to tax years beginning on or 
after January I, 2005. 
That section of this Part that enacts Title 36, section 5122, 
subsection 2, paragraph Y applies to tax years beginning on or after January I, 2007.' 
Amend the bill by striking out all of section 76. 
Amend the bill by striking out all of section 79. 
Amend the bill by inserting at the end before the emergency clause the following: 
'PARTB 
Sec. B-1. 5 MRSA §13090-H, sub-§I, ~A, as reallocated by RR 1995, c. 2, §Il, 
is amended to read: 
A. The commission consists of II members appointed by the Governor. 
(1) The members appointed must be involved in a related business field or have 
experience or familiarity with media marketing or public relations. The Governor 
shall ensure an equitable regional representation from the State. 
(2) The Director of the Maine Arts Commission and the commissioner or the 
commissioner's designee shall serve as ex officio, nonvoting members of the 
commission. 
COMMITTEE AMENDMENT 
· . 
COMMITTEE AMENDMENT "A "to H.P. 1338, L.D. 1904 
Sec. B-2. 5 MRSA §15302, sub-§3, as amended by PL 2005, c. 425, § 19, is 
further amended to read: 
3. 
Board of Directors of the Maine Technology Institute. 
The institute is 
governed and all of its powers exercised by a board of directors, referred to in this chapter 
as the "board," consisting of ~ 11 voting members and ~ 2 nonvoting members. 
A. 
The Governor shall appoint 10 voting directors, 8 of whom must be 
representatives of targeted technologies. 
The other 2 directors must have 
demonstrated significant experience in finance, lending or venture capital. In making 
the appointments from targeted technologies, the Governor shall consider 
recommendations submitted by representatives of targeted technology sectors. 
Directors of the board appointed by the Governor are entitled to receive 
reimbursement at the legislative rate for necessary expenses for their attendance at 
authorized meetings of the board. 
B. 
The Commissioner of Economic and Community Development or the 
commissioner's designee, the President of the Maine Community College System or 
the president's designee and the Chancellor of the University of Maine System or the 
chancellor's designee are ex officio voting directors. 
C. The Director of the State Planning Office or the director's designee is an ex officio 
nonvoting director. 
D. The Maine Technology Institute Director is a nonvoting director. 
Sec. B-3. 9-A MRSA §3-315, as enacted by PL 2007, c. 185, § 1 and c. 273, Pt. A, 
§ 1 and affected by §41, is repealed and the following enacted in its place: 
§3-315. Choice of accounting, tax or attest services provider 
A supervised lender may not, in connection with the extension of credit, interfere 
with a purchaser's or borrower's free choice of an accounting, tax or attest services 
provider who is accredited as a certified public accountant, public accountant or enrolled 
agent, except that the supervised lender may require the provider chosen by the purchaser 
or borrower to provide adequate evidence of liability insurance or such other written 
policy requirements as the supervised lender may determine necessary to protect its 
interest. 
Sec. B-4. 9-A MRSA §3-316 is enacted to read: 
§3-316. Real estate settlement procedures 
A creditor and its loan officers shall comply with the provisions of the federal Real 
Estate Settlement Procedures Act of 1974, 12 United States Code, Section 2601 et seq. 
and its implementing regulation, Regulation X, 24 Code of Federal RegUlations, Section 
3500 et seq. 
Sec. B-5. Effective date. That section of this Part that repeals and replaces the 
Maine Revised Statutes, Title 9-A, section 3-315 takes effect 90 days after the 
adjournment of the First Regular Session of the 123rd Legislature. That section of this 
Part that enacts Title 9-A, section 3-316 takes effect January 1, 2008. 
COMMITTEE AMENDMENT 
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II 
COMMITTEE AMENDMENT "A " 
to H.P. 1338, L.D. 1904 
Sec. B-6. 9-A MRSA §8-103, sub-§I-A, ~Q, as enacted by PL 2007, c. 273, Pt. 
A, §4 and affected by §41, is amended to read: 
Q. "High-rate, high-fee mortgage" means a residential mortgage loan in which the 
terms of the loan meet or exceed one or more of the thresholds defined in paragraph 
GGFF. 
Sec. B-7. 9-A MRSA §9-31I, as enacted by PL 2007, c. 185, §2 and c. 273, Pt. A, 
§25 and affected by §41, is repealed and the following enacted in its place: 
§9-311. Choice of accounting, tax or attest services provider 
A creditor may not, in connection with the extension of credit, interfere with a 
purchaser's or borrower's free choice of an accounting, tax or attest services provider who 
is accredited as a certified public accountant, public accountant or enrolled agent, except 
that the creditor may require the provider chosen by the purchaser or borrower to provide 
adequate evidence of liability insurance or such other written policy requirements as the 
creditor may determine necessary to protect its interest. 
Sec. B-8. 9-A MRSA §9-31I-A is enacted to read: 
§9-311-A. Real estate settlement procedures 
A creditor and its loan officers shall comply with the provisions of the federal Real 
Estate Settlement Procedures Act of 1974, 12 United States Code, Section 2601 et seq. 
and its implementing regulation, Regulation X, 24 Code of Federal Regulations, Section 
3500 et seq. 
Sec. B-9. 9-A MRSA §IO-307, as enacted by PL 2007, c. 273, Pt. A, §31 and 
affected by §41, is amended to read: 
§lO-307. Real estate settlement procedures 
A loan broker and its loan officers shall comply with the provisions of 12 United 
States Code, Section 2601 et seq., the federal Real Estate Settlement Procedures Act of 
1974 and its implementing regulation aOO~ Regulation X, 24 Code of Federal Regulations, 
Section 3500 et seq. 
Sec. B-IO. Effective date. That section of this Part that repeals and replaces the 
Maine Revised Statutes, Title 9-A, section 9-311 takes effect 90 days after the 
adjournment of the First Regular Session of the 123rd Legislature. Those sections of this 
Part that amend Title 9-A, section 8-103, subsection I-A, paragraph Q and Title 9-A, 
section 10-307 and that enact Title 9-A, section 9-31 I-A take effect January 1,2008. 
Sec. B-Il. 17-A MRSA §16, sub-§2, as amended by PL 2007, c. 144, §I and c. 
173, §7, is repealed and the following enacted in its place: 
2. Any person who, in fact, is committing in the private person's presence and in a 
public place any of the Class D or Class E crimes described in section 207; 209; 211; 
254: 255; 501, subsection 2; 501-A, subsection I, paragraph B; 503; 751; 806 or 1002. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1338, L.D. 1904 
I 
Sec. B-12. Effective date. That section of this Part that repeals and replaces the 
Maine Revised Statutes, Title 17 -A, section 16, subsection 2 takes effect 90 days after the 
adjournment of the First Regular Session of the 123rd Legislature. 
Sec. B-13. 19-A MRSA §352, sub-§I, ~-1, as enacted by PL 2005, c. 323, §2, 
is amended to read: 
B-1. An active family case management officer law magistrate; 
Sec. B-14. 20-A MRSA §401, sub-§I, as amended by PL 2007, c. 179, §I, is 
repealed and the following enacted in its place: 
1. Appointment. The state board consists of9 members and, beginning in the 2007-
2008 school year, 2 nonvoting student members, one junior and one senior in high school. 
All members are appointed by the Governor. Four members must reside in the State's 
First Congressional District at the time of appointment, 4 members must reside in the 
State's Second Congressional District at the time of appointment and one member may 
reside in either the First Congressional District or the Second Congressional District at 
the time of appointment. One of the student members must reside in the State's First 
Congressional District at the time of appointment and the other student member must 
reside in the State's Second Congressional District at the time of appointment. Each 
appointment is subject to review by the joint standing committee of the Legislature 
having jurisdiction over education matters and to confirmation by the Senate. 
Sec. B-15. Effective date. That section of this Part that repeals and replaces the 
Maine Revised Statutes, Title 20-A, section 401, subsection 1 takes effect 90 days after 
the adjournment of the First Regular Session of the 123rd Legislature. 
Sec. B-16. 20-A MRSA §15689, sub-§2, ,A, as enacted by PL 2003, c. 712, 
§ 17, is amended to read: 
A. A school administrative unit is eligible for this adjustment under the following 
conditions. 
(1) The school administrative unit's local share results in a full-value education 
mill rate less than the local cost share expectation as described in section 15671-
A. 
(2) The school administrative unit has debt service costs defined under section 
~ 
15672, subsection 8 2-A that have been placed on the state board's priority 
list by January 2005. 
Sec. B-17. 22 MRSA §1471-B, sub-§l, as amended by PL 1991, c. 376, §45, is 
further amended to read: 
1. Board established. The Board of Pesticides Control is established by Title 5, 
section 12004-D, subsection 3, within the Department of Agriculture, Food and Rural 
Resources. 
Except as provided in this chapter, the board must be composed of 7 
members, appointed by the Governor, subject to approval by the joint standing committee 
of the Legislature having jurisdiction over agricultural matters and confirmation by the 
Legislature Senate. To provide the knowledge and experience necessary for carrying out 
the duties of the board, the board must consist of the following members: one person 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'f~ " 
to H.P. 1338, L.D. 1904 
I 
with practical experience and knowledge regarding the agricultural use of chemicals; one 
person who has practical experience and knowledge regarding the use of chemicals in 
forest management; one person from the medical community; a scientist from the 
University of Maine System specializing in agronomy or entomology having practical 
experience and knowledge of integrated pest management; one commercial applicator; 
and 2 persons appointed to represent the pUblic. The 2 members appointed to represent 
the public must have a demonstrated interest in environmental protection and represent 
different geographic areas of the State. The term must be for 4 years, except that of the 
initial appointees, 2 shall serve 4-year terms, 2 shall serve 3-year terms, 2 shall serve 2-
year terms and one shall serve a one-year term. 
Any vacancy must be filled by an 
appointment for the remainder of the unexpired term. 
Sec. B-18. 22 MRSA §8702, sub-§4, as amended by PL 2007, c. 136, §1, is 
further amended to read: 
4. Health care facility. "Health care facility" means a public or private, proprietary 
or not-for-profit entity or institution providing health services, including, but not limited 
to, a radiological facility licensed under chapter 160, a health care facility licensed under 
chapter 405 or oertified uRder eha('Jter 405 A, an independent radiological service center, 
a federally qualified health center certified by the United States Department of Health and 
Human Services, Health Resources and Services Administration, a rural health clinic or 
rehabilitation agency certified or otherwise approved by the Division of Licensing and 
I 
Regulatory Services within the Department of Health and Human Services, a home health 
care provider licensed under chapter 419, an assisted living program or a residential care 
facility licensed under chapter 1663, a hospice provider licensed under chapter 1681, a 
retail store drug outlet licensed under Title 32, chapter 117, a state institution as defined 
under Title 34-B, chapter I and a mental health facility licensed under Title 34-8, chapter 
I. 
Sec. B-19. PL 2007, c. 88, §2 is repealed and the following enacted in its place: 
Sec. 2. 14 MRSA §4751, as amended by PL 1985, c. 187, §5, is further amended 
to read: 
§4751. Goods sold on execution 
All chattels, real and personal liable at common law to attachment and not exempted 
therefrom by statute, may be taken and sold on execution as prescribed in this subchapter 
and subchapter I¥ 1. Credits of a sole proprietorship doing business under an assumed or 
trade name, partnership. limited liability company or corporation, other than payroll 
accounts expressly so designated to the credit holder by the account owner, may be taken 
on execution by an officer and turned over to the judgment creditor to be applied to the 
judgment, together with interest and costs. 
Sec. B-20. PL 2007, c. 155, §1 is repealed and the following enacted in its place: 
Sec. 1. 30-A MRSA §4360, sub-§3,~, as amended by PL 2007, c. 77, §I, is 
further amended to read: 
B. 
The ordinance sets the number of building or development permits for new 
residential dwellings, not including permits for affordable housing, at 105% or more 
of the mean number of permits issued for new residential dwellings within the 
COMMITTEE AMENDMENT 
COMMIITEE AMENDMENT" A · t. H.P. 1338, L.D. 1904 
municipality during the 10 years immediately prior to the year in which the number is 
calculated. The mean is determined by adding together the total number of permits 
issued. excluding permits issued for affordable housing, for new residential dwellings 
for each year in the prior 10 years and then dividing by 10; 
Sec. 8-21. Effective date. That section of this Part that amends Public Law 2007, 
chapter 155, section 1 takes effect 90 days after adjournment of the First Regular Session 
of the 123rd Legislature. 
PARTC 
Sec. C-l. 4 MRSA c. I, sub-c. I-F is repealed. 
Sec. C-2. S MRSA §1743, sub-§2, as enacted by PL 2001, c. 271, §I, is amended 
to read: 
2. Competitive bids. A public improvement contract may be awarded under a 
system of competitive bidding in accordance with this Part and such other conditions as 
the Governor may prescribe. 
The competitive bidding process may be waived in 
individual cases involving emergency circumstances with the written approval of the 
director. 
Sec. C-3. 10 MRSA §8002, sub-§9, as amended by PL 1999, c. 184, § 13, is 
further amended to read: 
9. Licensing. Coordinate all administrative processes related to licensing functions 
of bureaus, offices, boards and commissions within the department, including but not 
limited to the frequency and form of applications and licenses; aHd 
Sec. C-4. 10 MRSA §8002, sub-§10, as amended by PL 1999, c. 687, Pt. C, §3, 
is further amended to read: 
10. Confidentiality of shared information. Keep confidential any information 
provided by or to the commissioner that has been designated confidential by the agency, 
bureau, board or commission within or affiliated with the department that furnished the 
information and that is the property of the agency, bureau, board or commission that 
furnished the information. Any information provided pursuant to this subsection may not 
be disclosed by the recipient of the information unless disclosure has been authorized by 
the agency, bureau, board or commission that furnished the information:-; and 
Sec. C-S. 10 MRSA §8002, sub-§11 is enacted to read: 
11. Report on fees. 
By December 1 st of each even-numbered year, conduct a 
review of the fees assessed by the department and provide a written report to the State 
Budget Officer and the joint standing committees of the Legislature having jurisdiction 
over appropriations and financial affairs, insurance and financial services matters and 
business, research and economic development matters identifying any fee changes the 
commissioner recommends for the next biennium. 
Sec. C-6. 17-A MRSA §10S8, sub-§2, as amended by PL 2005, c. 527, §9, is 
further amended to read: 
2. 
This section does not apply to: 
COMMITTEE AMENDMENT 
COMMIITEE AMENDMENT" A· to H.P.I338. LD.l904 
A. 
A law enforcement officer, a corrections officer or a corrections supervisor 
engaged in the performance of the law enforcement officer's, corrections officer's or 
corrections supervisor's public duty; 6f 
B. A person possessing an unloaded firearm for the purpose of offering the firearm 
as evidence in a civil or criminal proceeding if the presiding judge or justice has 
granted prior approval in writing to the person and the person possesses a copy of the 
written approval7~ 
C. 
An employee of a courier or security service in the course and scope of 
employment for the courier or security service. as approved by the state judicial 
marshal. 
Sec. C-7. 20-A MRSA §7201, sub-§6, as amended by PL 2005, c. 662, Pt. A, 
§22, is further amended to read: 
6. Participation in cocurricular activities. Eligibility for a child with a disability 
to participate in cocurricular activities may not be denied solely because the student is 
enrolled in a reduced course load when the reduced course load is due to the student's 
disability, only if as long as the student is satisfactorily completing the requirements of 
the educational components of an individualized family service plan or individualized 
education program and is otherwise in compliance with the program. If the student is not 
satisfactorily completing the educational components of an individualized family service 
plan or individualized education program or is not otherwise in compliance with the 
program, the student's eligibility may be determined in the same manner as the eligibility 
of a child without disabilities who is not satisfying the applicable academic standards. 
Sec. C-S. 32 MRSA c. I-A, sub-c. 3, as enacted by PL 2007, c. 240, Pt. LLL, 
§ 1, is repealed. 
PART D 
Sec. D-1. 24-A MRSA §222, sub-§6, as enacted by PL 1975, c. 356, § 1, is 
amended to read: 
6. Information as to tender offeror. If the person required to file the statement 
referred to in subsection -4- 4-A is a partnership, limited partnership, syndicate or other 
group, the superintendent may require that the information called for by subsection -4 
sftaI.l 4-A must be given with respect to each partner of such partnership or limited 
partnership, each member of such syndicate or group and each person who controls such 
partner or member. If the person required to file the statement referred to in subsection-4 
4-A is a corporation, the superintendent may require that the information called for 
thereby sRall must be given with respect to such corporation and each officer and director 
thereof and each person who is directly or indirectly the beneficial owner of more than 
10% of the outstanding securities of such corporation. 
Sec. D-2. 24-A MRSA §222, sub-§7,~, as amended by PL 1983, c. 394, §2, is 
further amended to read: 
D. Violation 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A " 
to H.P. 1338, L.D. 1904 
I 
(1) Failure to file the statement required under subsection 4 shall constitute 4-A 
constitutes a violation of this chapter. 
(2) Effectuation of or any attempt to effectuate an acquisition of, control of or 
merger with a domestic insurer within 30 days of the filing of the statement 
required by subsection -4- 4-A, prior to the superintendent's decision if a hearing 
is held or after disapproval of such acquisition of control or merger by the 
superintendent shall constitute constitutes a violation of this chapter. 
Sec. D-3. 24-A MRSA §222, sub-§14, ~A, as enacted by PL 1975, c. 356, §I, is 
amended to read: 
lOA. Any person who willfully violates any of the provisions of this section, or the 
II 
rules and regulations promulgated by the superintendent under authority thereof, or 
any person who willfully, in a filing pursuant to subsection -4- 4-A or a registration 
pursuant to subsection 8, paragraph B, makes any untrue statement of a material fact 
or omits to state any material fact required to be stated therein or necessary to make 
the statements therein not misleading, slHtll must upon conviction be fined not more 
than $1,000 or imprisoned not more than 3 years, or both; 
Sec. D-4. 24-A MRSA §707, sub-§l, ~C-l, as amended by PL 1991, c. 872, §2, 
is further amended to read: 
C-I. Employee benefit excess insurance. Insurance, protecting an employer against 
higher than expected obligations under an employee benefit plan, at retention levels 
that do not have the effect of making the plan an insured plan. Reinsurance provided 
to employers that self-insure their workers' compensation exposures pursuant to Title 
J.9 39-A, section 2-:3- 403 does not constitute employee benefit excess insurance. The 
transaction of employee benefit excess insurance does not constitute the conduct of 
the business of reinsurance; 
Sec. D-S. 24-A MRSA §2008, sub-§S, as amended by PL 1997, c. 592, §55, is 
further amended to read: 
5. 
Any producer with surplus lines authority who knowingly or negligently issues a 
false certificate of insurance or who fails promptly to notify the insured of any material 
change with respect to such insurance by delivery to the insured of a substitute certificate 
as provided in subsection 3, upon conviction, is subject to the penalty provided by section 
H 12-A or to any greater applicable penalty otherwise provided by law. 
Sec. D-6. 24-A MRSA §2302, sub-§2, ~A, as enacted by PL 1969, c. 132, § I, is 
amended to read: 
A. 
Reinsurance, except joint reinsurance as provided in section ~ 
2322-A; 
Sec. D-7. 24-A MRSA §4204, sub-§2-A, ~, as amended by PL 2001, c. 72, 
§ 19, is further amended to read: 
D. The health maintenance organization is financially responsible, complies with the 
minimum surplus requirements of this section 4204-A and, among other factors, can 
reasonably be expected to meet its obligations to enrollees and prospective enrollees. 
COMMITTEE AMENDMENT 
COMMIITEE AMENDMENT'~ " t. H.P. 1338. L.D. 1904 
(1) In a detennination of minimum surplus requirements, the following tenns 
have the following meanings. 
(a) 
"Admitted assets" means assets recognized by the superintendent 
pursuant to section 90I-A. For purposes of this chapter, the asset value is 
that contained in the annual statement of the corporation as of December 31 st 
of the year preceding the making of the investment or contained in any 
audited financial report, as defined in section 221-A, of more current origin. 
(b) "Reserves" means those reserves held by corporations subject to this 
chapter for the protection of subscribers. For purposes of this chapter, the 
reserve value is that contained in the annual statement of the corporation as 
II 
of December 31 st of the preceding year or any audited financial report, as 
defined in section 22I-A, of more current origin. 
(2) In making the detennination whether the health maintenance organization is 
financially responsible, the superintendent may also consider: 
(a) 
The financial soundness of the health maintenance organization's 
arrangements for health care services and the schedule of charges used; 
(b) The adequacy of working capital; 
(c) Any agreement with an insurer, a nonprofit hospital or medical service 
corporation, a government or any other organization for insuring or providing 
the payment of the cost of health care services or the provision for automatic 
applicability of an alternative coverage in the event of discontinuance of the 
plan; 
(d) Any agreement with providers for the provision of health care services 
that contains a covenant consistent with subsection 6; and 
(e) Any arrangements for insurance coverage or an adequate plan for self-
insurance to respond to claims for injuries arising out of the furnishing of 
health care services.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment establishes the sections in the bill as Part A. 
This amendment strikes from the bill sections 13, 29, 58, 59, 69, 76 and 79 because 
the errors are addressed by other legislation. 
Section 52 is amended to incorporate a recently enacted Public Law chapter. 
Section 75 is amended to correct the application section for corrections to the income 
tax statutes. 
This amendment adds a Part B that makes technical corrections and does the 
following. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A» '0 H.P. 1338, L.D. 1904 
Part B, section 1 completes the correction of a conflict created when Public Law 
1995, chapter 560 repealed the Maine Revised Statutes, Title 5, section 13069, regarding 
the Maine State Film Commission, and Public Law 1995, chapter 688 amended section 
13069, subsection 1, paragraph A. Public Law 1995, chapter 560 repealed the chapter 
containing Title 5, section 13069 and reenacted the section as section 13080-T. That 
section number conflicted with another chapter, so the Revisor's Report reallocated that 
section to section 13090-H. At the same time, Public Law 1995, chapter 688, An Act To 
Amend the Membership of Certain Boards and Commissions, amended Title 5, section 
13069, subsection 2, paragraph A, subparagraph (2) to revise the membership of the 
commission to include the Commissioner of Economic and Community Development's 
designee as an alternate member for the commissioner. The same addition was made in 
the statutes listing the membership of many commissions. Section 24 of the bill partially 
corrects the conflict by repealing Title 5, section 13069 as repealed by Public Law 1995, 
chapter 56 and amended by Public Law 1995, chapter 688. This section completes the 
correction by adding the phrase "or the commissioner's designee" to the membership of 
the Maine State Film Commission in section 13090-H. 
Part B, section 2 corrects the numbers of voting and nonvoting members of the board 
of trustees of the Maine Technology Institute. 
Part B, sections 3 and 4 correct a conflict created by Public Law 2007, chapter 185 
and chapter 273, each enacting a new Title 9-A, section 3-315 with substantively 
different provisions. Public Law 2007, chapter 185 enacted Title 9-A, section 3-315 to 
allow a purchaser or borrower to choose an accounting, tax or attest services provider, 
with certain limitations, with regard to the extension of credit. Public Law 2007, chapter 
enacted Title 9-A, section 3-315 to require creditors to comply with the federal Real 
Estate Settlement Procedures Act. 
Part B, section 3 repeals and replaces Title 9-A, 
section 3-315 with the chapter 185 version and Part B, section 4 enacts the chapter 273 
version as a new section 3-316. The section that repeals and replaces Title 9-A, section 
3-315 takes effect 90 days after adjournment of the First Regular Session of the 123rd 
Legislature, as did Public Law 2007, chapter 185. The section that enacts Title 9-A, 
section 3-316 takes effect January 1, 2008, as did the original enactment of Public Law 
2007, chapter 273. 
Legislative Document 1869 became Public Law 2007, chapter 273, An Act To 
Protect Maine Homeowners from Predatory Lending. The original bill enacted Title 9-A, 
section 8-103, subsection I-A with a list of definitions, lettered A to EE. Committee 
Amendment "A" inserted a new paragraph G, a new paragraph AA and a new paragraph 
BB and relettered the paragraphs to read consecutively. In the bill, paragraph P, defining 
"high-rate, high-fee mortgage," contained a cross-reference to the definition of 
"threshold," defined in paragraph CC in the bill. Committee Amendment "A" relettered 
paragraph P as paragraph Q, and what was paragraph CC is now paragraph FF. Part B, 
section 6 amends paragraph Q to update the cross-reference to paragraph FF. 
Part B, sections 7 and 8 correct a conflict created by Public Law 2007, chapter 185 
and chapter 273, each of which enacted a new Title 9-A, section 9-311 with substantively 
different provisions. Public Law 2007, chapter 185 enacted Title 9-A, section 9-311 to 
allow a purchaser or borrower to choose an accounting, tax or attest services provider, 
with certain limitations, with regard to the extension of credit. Public Law 2007, chapter 
enacted Title 9-A, section 9-311 to require creditors to comply with the federal Real 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'l~ " 
to H.P. 1338, L.D. 1904 
I 
Estate Settlement Procedures Act. Part B, section 7 repeals and replaces Title 9-A, 
section 9-311 with the chapter 185 version and Part B, section 8 enacts the chapter 273 
version as a new section 9-31 I-A. The section that repeals and replaces Title 9-A, 
section 9-311 takes effect 90 days after adjournment of the First Regular Session of the 
123rd Legislature, as did Public Law 2007, chapter 185. The section that enacts Title 
9-A, section 9-311-A takes effect January 1,2008, as did the original enactment of Public 
Law 2007, chapter 273. 
Part B, section 11 resolves a conflict created by Public Law 2007, chapters 144 and 
173. Both chapters amended Title 17-A, section 16, subsection 2. This section resolves 
the conflict by repealing and replacing subsection 2 with the language from both chapters 
incorporated. Part B, section 12 makes the correction effective 90 days after adjournment 
of the First Regular Session of the 123rd Legislature, the effective date of chapter 173. 
Chapter 144 was an emergency, taking effect May 18,2007. That law will stay in effect 
until 90 days after adjournment of the First Regular Session of the 123rd Legislature, 
when this version will replace it. 
Part B, section 13 corrects the title of "family law magistrate" in the membership of 
the Family Law Advisory Commission. 
Part B, section 14 corrects a conflict created by Public Law 2007, chapters 179 and 
200. 
Public Law 2007, chapter 179 amends the membership of the State Board of 
Education to require that at least 4 of the 9 members reside in the First Congressional 
District and at least 4 reside in the Second Congressional District. Public Law 2007, 
chapter 200 amends the membership of the State Board of Education to add 2 students to 
the board as nonvoting members, beginning with the 2007-2008 school year. One of the 
students must reside in the First Congressional District and the other must reside in the 
Second Congressional District. 
Part B, section 14 repeals and replaces Title 20-A, 
section 401, subsection 1, incorporating the language from both chapter 179 and 200. 
Part B, section t 5 provides an effective date of 90 days after adjournment of the First 
Regular Session of the 123rd Legislature. 
Part B, section 16 corrects a cross-reference. Title 20-A, chapter 606, the School 
Finance Act of 1985, which included section 15603, was repealed July 1, 2005. The 
Essential Programs and Services Funding Act was enacted in Public Law 2003, chapter 
504. Title 20-A, section 15672 included all the definitions that had previously been in 
section 15603. The substance of "debt service costs" from section 15603 was included in 
the new section 15673. 
Part B, section 17 amends the law governing the appo intment and confirmation of 
members of the Board of Pesticides Control to provide that the confirmation is by the 
Senate, not the Legislature as a whole. 
Part B, section 18 amends the definition of "health care facility" in the Maine Health 
Data Organization statutes to delete a cross-reference to the Hospital and Health Care 
Provider Cooperation Act. The purpose of the definition is to describe the jurisdiction of 
the Maine Health Data Organization. The definition includes health care facilities that 
are licensed under Title 22, chapter 405, Licensing of Hospitals and Institutions, or 
certified under chapter 405-A, Hospitals and Health Care Provider Cooperation Act. The 
purpose of chapter 405-A is to authorize agreements among hospitals and other health 
care providers to facilitate cost containment, improve quality of care and increase access 
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COMMITTEE AMENDMENT"~ "to H.P. 1338, L.D. 1904 
to health care services. A reference to certification under chapter 405-A is not helpful in 
defining "health care facility" because a "certificate of public advantage" issued under 
chapter 405-A means that the parties to the certificate, hospitals and other health care 
providers, are authorized to cooperate in a way that would otherwise be in violation of 
antitrust laws. Health care facilities that could be certified under chapter 405-A would 
already be licensed under one of the other cross-references in the Maine Health Data 
Organization definition of health care facility and being certified under chapter 405-A 
would not add any facilities. The certification under chapter 405-A is not the same type 
of regulatory oversight as licensing or registration. 
Part B, section 19 inserts current statutory language inadvertently omitted from the 
signed version of the chaptered law. 
Part B, section 20 resolves a conflict created by Public Law 2007, chapters 77 and 
I3 
155. Both chapters amended Title 30-A, section 4360, subsection 3, paragraph B. This 
section resolves the conflict by amending the version enacted under an emergency by 
chapter 77 by including the language from chapter 155. 
Part B, section 21 clarifies that the effective date of Part B, section 20 is 90 days after 
adjournment of the First Regular Session of the 123rd Legislature. 
This amendment adds a Part C that does the following and contains provisions that 
are or may be considered substantive. 
Part C, section 1 repeals the subchapter that established the Court Unification 
Oversight Committee, because the committee has completed its work. 
Part C, section 2 includes an amendment to allow the Director of the Bureau of 
General Services within the Department of Administrative and Financial Services to 
waive the competitive bidding process in emergency circumstances. The same changes 
were made in Public Law 2007, chapter 9, which was not an emergency measure. Part C, 
section 2 amends Title 5, section 1743, subsection 2 to allow the Director of the Bureau 
of General Services in the Department of Administrative and Financial Services to waive 
the competitive bidding process in emergency circumstances. 
Public Law 2007, chapter 240, Part LLL directs the Commissioner of Professional 
and Financial Regulation to annually conduct a survey of all the fees collected by the 
Department of Professional and Financial Regulation and provide a written report 
identifying any recommended fee changes to the State Budget Officer and 3 joint 
standing committees of the Legislature. The language was placed in Title 32, which 
includes laws regulating professions and occupations, but not the other duties of the 
department. Part C, section 8 repeals the Title 32 provision enacted in Public Law 2007, 
chapter 240, Part LLL. Part C, section 5 enacts the language in Title lOin the chapter 
that provides for the organization of the department and the duties of the commissioner. 
Part C, section 6 includes an exception from the prohibition of firearms in courthouse 
for a courier or security service approved by the state judicial marshal. 
Part C, section 7 clarifies that compliance and satisfactory participation in a plan or 
program are contemporaneous requirements for participation in cocurricular activities for 
a child with a disability. 
Part D contains technical cross-reference corrections in the Maine Insurance Code. 
COMMITTEE AMENDMENT