An Act To Correct Errors and Inconsistencies in the Laws of Maine
Maine Legislature, Session 123, LD 2252
Committee: Judiciary
Amends: 1 MRSA §150, 1 MRSA §353, 2 MRSA §6, 3 MRSA §9, 5 MRSA §4613, 5 MRSA §12004-I, 5 MRSA §18306-A, 7 MRSA §242, 9 MRSA §5017, 12 MRSA §685-A, 12 MRSA §1891-A, 12 MRSA §1891-B, 12 MRSA §6024, 12 MRSA §6434, 12 MRSA §11224, 12 MRSA §11226, 13-B MRSA §1401, 15 MRSA §3314, 17-A MRSA §16, 20-A MRSA §401, 20-A MRSA §1506, 20-A MRSA §15696, 21-A MRSA §1018, 22 MRSA §2685, 22 MRSA §8702, 22 MRSA §8824, 24-A MRSA §2847-M, 24-A MRSA §2847-N, 24-A MRSA §4253, 24-A MRSA §4254, 26 MRSA §629, 26 MRSA §2171-A, 29-A MRSA §456-D, 29-A MRSA §456-E, 30-A MRSA §4211, 32 MRSA §1202, 32 MRSA §12228, 32 MRSA §17104, 34-B MRSA §5438, 34-B MRSA §5439, 35-A MRSA §10008, 36 MRSA §581, 36 MRSA §693, 36 MRSA §1760, 36 MRSA §2521-A, 36 MRSA §4641-B, 36 MRSA §62, 36 MRSA §6651, 10 MRSA §1141, 22 MRSA §2383-B, 32 MRSA §552, 32 MRSA §1071, 32 MRSA §1301, 32 MRSA §2151, 32 MRSA §2415, 32 MRSA §3263, 32 MRSA §36, 32 MRSA §6220, 32 MRSA §12274, 32 MRSA §12278, 32 MRSA §12279, 32 MRSA §13795, 32 MRSA §13863, 32 MRSA §15108-A, 32 MRSA §15117, 38 MRSA §89, 39-A MRSA §206

Legislative Document 
No. 2252 
H.P.1615 
House of Representatives, March 10,2008 
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 re(,;yded paper 
17/~ 
'frl·11I/J£~ 
MILLICENT M. MacFARLAND 
Clerk 
Emergency preamble. Whereas, acts and resolves 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 m 
interpreting legislative intent; and 
Whereas, it is vitally necessary that these uncertamtIes 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: 
PART A 
Sec. A-I. 1 MRSA §150, as enacted by PL 2007, c. 28, § 1, is reallocated to 1 
MRSA § 150-B. 
Sec. A-2. 1 MRSA §353, as amended by PL 2005, c. 316, § 1, is further amended 
to read: 
§353. Explanation of proposed amendments and statewide referenda 
With the assistance of the Secretary of State, the Attorney General shall prepare a 
brief explanatory statement that must fairly describe the intent and content and what a 
"yes" vote favors and a "no" vote opposes for each constitutional resolution or statewide 
referendum that may be presented to the people and that must include any information 
prepared by the Treasurer of State under Title 5, section 152. The explanatory statement 
may not include comments of proponents or opponents as provided by section 354. In 
addition to the explanatory statement, beginning with the November 2006 election the 
Office of Fiscal and Program Review shall prepare an estimate of the fiscal impact of 
each constitutional resolution or statewide referendum on state revenues, appropriations 
and allocations within 30 days after the adjournment of the legislative session 
immediately prior to the statewide election when the constitutional resolution or 
referendum will appear on the ballot. The fiscal impact estimate must summarize the 
aggregate impact that the constitutional resolution or referendum will have on the General 
Fund, the Highway Fund, Other Special Revenue Funds and the amounts distributed by 
the states State to local units of government. The Secretary of State shall publish the 
explanatory statement and the fiscal estimate in each daily newspaper of the State, not 
more than 10 and not less than 7 days prior to the voting. This information may be 
published in the English language in a foreign language newspaper. 
Page I - 123LR3429(OI)-1 
Sec. A-3. 1 MRSA §S3S, sub-§3, ~A, as amended by PL 2003, c. 681, §1, is 
further amended to read: 
A. Negotiate and enter into contracts for professional consulting, research and other 
services; and 
Sec. A-4. 1 MRSA §S3S, sub-§3, ,0, as amended by PL 2003, c. 681, § 1, is 
further amended to read: 
B. 
To the extent permitted by the service level agreement between the network 
manager and the data custodian, have· access to confidential information if it is 
necessary to carry out the duties of the network manager or the purposes of InforME. 
The network manager is subject to the same limitations and penalties as a data 
custodian concerning the use and disclosure of confidential information;-aoo~ 
Sec. A-S. 2 MRSA §6, sub-§4, as amended by PL 2007, c. 240, Pt. HH, § 1 and c. 
273, Pt. B, §2 and affected by §7, is repealed and the following enacted in its place: 
4. Range 88. The salaries of the following state officials and employees are within 
salary range 88: 
Director, Bureau of Air Quality; 
Director, Bureau of Land and Water Quality; 
Director, Bureau of Remediation and Waste Management; 
Deputy Commissioner, Environmental Protection; 
Director, Office of Licensing and Registration; 
Administrator, Office of Securities; and 
Deputy Chief of the State Police. 
Sec. A-6. 3 MRSA §9S9, sub-§l, ~, as amended by PL 2003, c. 600, § I, is 
further amended to read: 
1. 
The joint standing committee of the Legislature having jurisdiction over labor 
matters shall use the following list as a guideline for scheduling reviews: 
(1) Maine State Public Employees Retirement System in ~ 
2013; 
(2) Department of Labor in 2007; 
(3) Maine Labor Relations Board in 2009; and 
(4) Workers' Compensation Board in 2009. 
Sec. A-7. 5 MRSA §4613, sub-§2,,o, as amended by PL 2007, c. 243, §R and c. 
457, § 1, is repealed and the following enacted in its place: 
B. 
If the court finds that unlawful discrimination occurred, its judgment m~!"t 
specify an appropriate remedy or remedies for that discrimination. The remedies may 
include, but are not limited to: 
I 
" o 
(I) An order to cease and desist from the unlawful practices specified in the 
order; 
(2) 
An order to employ or reinstate a victim of unlawful employment 
discrimination, with or without back pay; 
(3) An order to accept or reinstate such a person in a union; 
(4) 
An order to rent or sell a specified housing accommodation, or one 
substantially identical to that accommodation if controlled by the respondent, to a 
victim of unlawful housing discrimination; 
(5) An order requiring the disclosure of the locations and descriptions of all 
housing accommodations that the violator has the right to sell, rent, lease or 
manage and forbidding the sale, rental or lease of those housing accommodations 
until the violator has given security to ensure compliance with any order entered 
against the violator and with all provisions of this Act. An order may continue 
the court's jurisdiction until the violator has demonstrated compliance and may 
defer decision on some or all relief until after a probationary period and a further 
hearing on the violator's conduct during that period; 
(6) An order to pay the victim, in cases of unlawful price discrimination, 3 times 
the amount of any excessive price demanded and paid by reason of that unlawful 
discrimination; 
(7) 
An order to pay to the victim of unlawful discrimination, other than 
employment discrimination in the case of a respondent who has more than 14 
employees, or, if the commission brings action on behalf of the victim, an order 
to pay to the victim, the commission or both, civil penal damages not in excess of 
$20,000 in the case of the first order under this Act against the respondent, not in 
excess of $50,000 in the case of a 2nd order against the respondent arising under 
the same subchapter of this Act and not in excess of $1 00,000 in the case of a 3rd 
or subsequent order against the respondent arising under the same subchapter of 
this Act, except that the total amount of civil penal damages awarded in any 
action filed under this Act may not exceed the limits contained in this 
subparagraph; 
(8) In cases of intentional employment discrimination with respondents who 
have more than 14 employees, compensatory and punitive damages as provided 
in this subparagraph. 
(a) In an action brought by a complaining party under section 4612 and this 
section against a respondent who engaged in unlawful intentional 
discrimination prohibited under sections 4571 to 4575, if the complaining 
party can not recover under 42 United States Code, Section 1981 (1994), the 
complaining party may recover compensatory and punitive damages as 
allowed in this subparagraph in addition to any relief authorized elsewhere in 
this subsection from the respondent. 
(b) When a discriminatory practice involves the provision of a reasonable 
accommodation, damages may not be awarded under this subparagraph when 
the covered entity demonstrates good faith efforts, in consultation with the 
person with the disability who has informed the covered entity that 
accommodation is needed, to identify and make a reasonable accommodation 
that would provide that individual with an equally effective opportunity and 
would not cause an undue hardship on the operation of the business. 
(c) 
A complaining party may recover punitive damages under this 
subparagraph against a respondent if the complaining party demonstrates that 
the respondent engaged in a discriminatory practice or discriminatory 
practices with malice or with reckless indifference to the rights of an 
aggrieved individual protected by this Act. 
(d) Compensatory damages awarded under this subparagraph do not include 
back pay, interest on back payor any other type of relief authorized 
elsewhere under this subsection. 
(e) The sum of compensatory damages awarded under this subparagraph for 
future pecuniary losses, emotional pain, suffering, inconvenience, mental 
anguish, loss of enjoyment of life, other nonpecuniary losses and the amount 
of punitive damages awarded under this section may not exceed for each 
complaining party: 
(i) In the case of a respondent who has more than 14 and fewer than 101 
employees in each of 20 or more calendar weeks in the current or 
preceding calendar year, $50,000; 
(ii) In the case of a respondent who has more than 100 and fewer than 
employees in each of 20 or more calendar weeks in the current or 
preceding calendar year, $100,000; 
(iii) In the case of a respondent who has more than 200 and fewer than 
employees in each of 20 or more calendar weeks in the current or 
preceding calendar year, $300,000; and 
(iv) In the case of a respondent who has more than 500 employees in 
each of 20 or more calendar weeks in the current or preceding calendar 
year, $500,000. 
<D Nothing in this subparagraph may be construed to limit the scope of, or 
the relief available under, 42 United States Code, Section 1981 (1994). 
(g) If a complaining party seeks compensatory or punitive damages under 
this subparagraph, any party may demand a trial by jury, and the court may 
not inform the jury ofthe limitations described in division (e). 
(h) This subparagraph does not apply to recoveries for a practice that is 
unlawful only because of its disparate impact. 
(i) Punitive damages may not be included in a judgment or award agai!ls~ 
governmental entity, as defined in Title 14, section 8102, subsection 2_,_ or 
against an employee of a governmental entity based on a claim that arises ali 
of an act or omission occurring within the course or scope QL tha! 
employee's employment; and 
(9) In addition to other remedies in subparagraphs (1) to (8), an order to pay 
actual damages in the case of discriminatory housing practices. 
This 
subparagraph is not intended to limit actual damages available to a plaintiff 
alleging other discrimination if the remedy of actual damages is otherwise 
available under this Act; 
Sec. A-8. 5 MRSA §12004-I, sub-§3-D, as enacted by PL 2007, c. 146, § 1, is 
amended to read: 
3-D. 
Conservation 
AIlagash 
Wilderness 
Waterway 
Advisory Council 
Expenses/Legislative 
per diem 
MRSA f-l--&9+ 
§ 1890-A 
Sec. A-9. 5 MRSA §18306-A, sub-§l,~, as enacted by PL 2007, c. 137, §21, 
is amended to read: 
D. 
Except when inclusion of a portion of employer contributions is required by 
slibseetioR 5 paragraph E, only accumulated contributions made by the member or 
picked up by the employer may be refunded to that member under this section; and 
Sec. A-IO. 7 MRSA §242, sub-§IO, as enacted by PL 2007, c. 456, §2, IS 
amended to read: 
10. 
Receipt of money and property. 
The council may accept grants or 
contributions of money or other things of value from any source, public or private. The 
council receives funds from the sale of agriculture education plates pursuant to Title 
29-A, section ~ 
456-E. The grants, receipts and other contributions must be held by 
the council and used to carry out the purposes of this section, subject to any condition 
under which the grant or contribution was accepted by the council. Funds may be used to 
compensate members of the council for expenses in accordance with the council's bylaws. 
Funds received under this subsection are not state funds. 
Sec. A-It. 9 MRSA §5017, first~, as repealed and replaced by PL 2007, c. 402, 
Pt. A, § 1 0, is amended to read: 
The commissioner may deny a license, refuse to renew a license or impose the 
disciplinary sanctions authorized under Title 10, section 8003, subsection 5-A for any of 
the reasons enumerated in Title 10, section 8003, subsection 5-A, paragraph A. 
Sec. A-12. 12 MRSA §685-A, sub-§IO,~, as enacted by PL 2001, c. 105, §1, 
is amended to read: 
B. 
The access and use needs of a person with a physical disability as de fiRed 
described in Title 5, section ~ 
4553-A, subsection .f-B 1, paragraphs C and D who 
resides in or regularly uses a structure; or 
Sec. A-13. 12 MRS A §1891, as enacted by PL 2007, c. 146, §3, is reallocated to 
MRS A § 1890-A. 
Sec. A-14. 12 MRSA §1891-A, as enacted by PL 2007, c. 146, §4, is reallocated 
to 12 MRSA § 1890-B. 
Sec. A-IS. 12 MRSA §1891-B, as enacted by PL 2007, c. 146, §5, is reallocated 
to 12 MRSA § 1890-C. 
Sec. A-16. 12 MRSA §6024, sub-§I-A, as amended by PL 2007, c. 176, § 1 and 
c. 240, Pt. QQ, §2, is repealed and the following enacted in its place: 
I-A. 
Appointment; composition; term; compensation. The Marine Resources 
Advisory Council, established by Title 5, section 12004-G, subsection 27, consists of 16 
members. 
The chair of the Lobster Advisory Council, the chair of the Marine 
Recreational Fishing Advisory Council, the chair of the Sea Run Fisheries and Habitat 
Advisory Council and the chair of the Sea Urchin Zone Council are ex officio members 
of the council. Each other member is appointed by the Governor and is subject to review 
by the joint standing committee of the Legislature having jurisdiction over marine 
resources and to confirmation by the Legislature. Six members must be persons who are 
licensed under this Part to engage in commercial harvesting activities. Those 6 members 
are selected by the Governor from names recommended to the Governor by groups 
representing commercial harvesting interests. Each member must represent a different 
commercial harvesting activity, except that none of those 6 members may represent 
lobster harvesters. The remaining 6 members must include one public member, 4 persons 
who hold a nonharvesting-related license under this Part and one person representing the 
aquaculture industry. The Governor shall select the person to represent the aquaculture 
industry from among the names recommended by the aquaculture industry. 
The 
composition of the council must reflect a geographical distribution along the coast. All 
appointed members are appointed for a term of 3 years, except a vacancy must be filled in 
the same manner as an original member for the unexpired portion of the term. 
An 
appointed member may not serve for more than 2 consecutive terms. 
Appointed 
members serve until their successors are appointed. The chair of the Lobster Advisory 
Council, the chair of the Marine Recreational Fishing Advisory Council, the chair of the 
Sea Run Fisheries and Habitat Advisory Council and the chair of the Sea Urchin Zone 
Council shall serve until a new chair of the Lobster Advisory Council, a new chair of the 
Marine Recreational Fishing Advisory Council, a new chair of the Sea Run Fisheries and 
Habitat Advisory Councilor a new chair of the Sea Urchin Zone Council, respectively, is 
chosen. Members are compensated as provided in Title 5, chapter 379. 
Sec. A-17. 12 MRSA §6434, sub-§4, as amended by PL 2007, c. 201, § 15 and c. 
283, §3, is repealed and the following enacted in its place: 
4. Restitution. If the holder of a lobster and crab fishing license or a nonresident 
lobster and crab landing permit violates this section by cutting a lobster trap line-L the 
court shall: 
A. 
Order that person to pay to the owner of the trap line that was cut an amouA 
equal to twice the replacement value of all traps lost as a result of that cutting; and 
I 
'7 
I 
B. 
Direct that person to provide proof of payment of that restitution to the 
commissioner as required by section 6402, subsection I. 
Restitution imposed under this subsection is in addition to any penalty imposed under 
subsection 3-A. 
Sec. A-IS. 12 MRSA §11224, as enacted by PL 2007, c. 454, § I, is reallocated to 
MRSA §11226. 
Sec. A-19. 13-B MRSA §1401, sub-§35, as amended by PL 2007, c. 231, §18 
and c. 323, Pt. B, §34 and affected by c. 323, Pt. G, §4, is repealed and the following 
enacted in its place: 
35. Reinstatement fee after administrative dissolution of domestic or foreign 
corporation. For failure to file an annual report, $25 for each period of delrnquency; for 
failure to pay the annual report late filing penalty, $25; for failure to appoint or maintain a 
registered agent, $25; for failure to notify the Secretary of State that its registered agent or 
the address of the registered agent has been changed or that its registered agent has 
resigned, $25; and for filing false information, $25; and 
Sec. A-20. Effective date. That section of this Act that repeals and replaces the 
Maine Revised Statutes, Title 13-B, section 1401, subsection 35 takes effect July 1,2008. 
Sec. A-21. 15 MRSA §3314, sub-§2, as amended by PL 2007, c. 96, §6, is 
further amended to read: 
2. 
Suspended disposition. 
The court may impose any of the dispositional 
alternatives provided in subsection 1 and may suspend its disposition and place the 
juvenile on a specified period of probation that is subject to such provisions of Title 17-A, 
section 1204 as the court may order and that is administered pursuant to the provisions of 
Title 34-A, chapter 5, subchapter 4, except that the court may not impose the condition 
set out in Title 17-A, section 1204, subsection I-A. The court may impose as a condition 
of probation that a juvenile must reside outside the juvenile'S home in a setting 
satisfactory to the juvenile community corrections officer if the court determines that 
reasonable efforts have been made to prevent or eliminate the need for removal of the 
juvenile from the juvenile'S home or that no reasonable efforts are necessary because of 
the existence of an aggravating factor as defined in Title 22, section 4002, subsection 
I-B, and that continuation in the juvenile'S home would be contrary to the welfare of the 
juvenile. Imposition of such a condition does not affect the legal custody of the juvenile. 
Modification of probation is governed by the procedures contained in Title 17-A, section 
1202, subsection 2. Termination of probation is governed by the procedures contained in 
Title 17-A, section 1202, subsection 3. 
Revocation of probation is governed by the 
procedures contained in Title 17-A, sections 1205, 1205-B, 1205-C and 1206, except that 
this subsection governs the court's determinations concerning probable cause and 
continued detention and those provisions of Title 17-A, section 1206, subsection 7-A 
allowing a vacating of part of the suspension of execution apply only to a suspended fine 
under subsection 1, paragraph G or a suspended period of confinement under paragraph 
H~ 
suspended commitment under subsection 1, paragraph F may be modified to a 
disposition under subsection 1, paragraph H. When a revocation of probation results in 
the imposition of a disposition under subsection 1, paragraph F or a period of 
confinement under subsection 1, paragraph H, the court shall determine whether 
reasonable efforts have been made to prevent or eliminate the need for removal of the 
juvenile from the juvenile's home or that no reasonable efforts are necessary because of 
the existence of an aggravating factor as defined in Title 22, section 4002, subsection I-B 
and whether continuation in the juvenile's home would be contrary to the welfare of the 
juvenile. 
This determination does not affect whether the court orders a particular 
disposition upon a revocation of probation. 
If the juvenile is being detained for an 
alleged violation of probation, the court shall review within 48 hours following the 
detention, excluding Saturdays, Sundays and legal holidays, the decision to detain the 
juvenile. Following that review, the court shall order the juvenile'S release unless the 
court finds that there is probable cause to believe that the juvenile has violated a 
condition of probation and finds, by a preponderance of the evidence, that continued 
detention is necessary to meet one of the purposes of detention under section 3203-A, 
subsection 4, paragraph C. 
When a court orders continued detention, the court shall 
determine whether reasonable efforts have been made to prevent or eliminate the need for 
removal of the juvenile from the juvenile'S home or that no reasonable efforts are 
necessary because of the existence of an aggravating factor as defined in Title 22, section 
4002, subsection I-B and whether continuation in the juvenile'S home would be contrary 
to the welfare of the juvenile. This determination does not affect whether the court orders 
continued detention. 
Sec. A-22. 17-A MRSA §16, sub-§2, as repealed and replaced by PL 2007, c. 
466, Pt. B, § 11 and affected by § 12, is amended to read: 
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; SOl-A, subsection 1, paragraph B; 503; 751; 806~ or 1002. 
Sec. A-23. 17-A MRS A §1110, sub-§l-C, as enacted by PL 2007, c. 346, Pt. B, 
§3, is amended to read: 
1-C. It is an affirmative defense to prosecution under section subsection I-A that the 
person furnishing the hypodermic apparatuses is enrolled in a hypodermic apparatus 
exchange program that is certified by the Department of Health and Human Services, 
Maine Center for Disease Control and Prevention and is furnishing the hypodermic 
apparatuses to an employee of such a program. 
Sec. A-24. 20-A MRSA §401, sub-§l, as amended by PL 2007, c. 200, § 1 and 
repealed and replaced by c. 466, Pt. B, § 14 and affected by § 15, 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 schc(li, 
All members are appointed by the Governor. Four members must reside in the Stak's 
First Congressional District at the time of appointment, 4 members must reside in t"~ 
State's Second Congressional District at the time of appointment and one member~~ll':'. 
reside in either the First Congressional District or the Second Congressional District at 
I 
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. A-25. 20-A MRSA §1506, sub-§4, as enacted by PL 2007, c. 240, Pt. 
XXXX, § 13, is amended to read: 
S 
4. Debt of original education units. After July I, 2008, for each original education 
unit with existing debt that has reorganized into a new unit, if the new unit has not agreed 
to assume liability to pay that existing debt, the regional school unit board shall serve as 
II 
agent for purposes ofthat existing debt and has full authority to: 
A. Sue and be sued in the name of the original education unit with respect to the 
existing debt; 
B. Determine the debt service due each fiscal year on any existing debt; 
C. 
As applicable, allocate to each member of the original education unit the 
member's share of the annual debt service for the existing debt of the original 
education unit in addition to each member's share of costs of the new unit; 
D. 
Collect the allocation for debt service on the existing debt from the original 
education unit or, as applicable, from each member of the original education unit in 
addition to each member's share of costs ofthe new unit; 
E. Pay the debt service on the existing debt of the original education unit when due; 
and 
F. Take all other actions necessary and proper with respect to the existing debt. 
Allocations between members of the original education unit to pay the debt service for 
the existing debt must be made on the basis of the cost-sharing formula of the original 
education unit in effect on July 1, 2007, as applied to the year of allocation. In the case of 
state-subsidized debt service, the provisions of subsection 3 apply. Amounts to pay the 
debt service on the existing debt of the original education units must be included in the 
budget that the regional school unit board of a new unit submits for approval. If the 
original education unit is divided between different new units that have not agreed to 
assume liability to pay the existing debt, the commissioner shall require that the 
reorganization plan of one of those new units provide for that new unit to serve as agent 
for purposes of the existing debt of the original education unit. That new unit, as agent, 
has the authority provided by this subsection, except that the new unit shall notify the 
other new units containing members of the original education unit of the amounts they 
must assess and collect from their members who were members of the original education 
unit, and those other new units shall perform the functions in subsection 4, paragraphs C 
and D with respect to their members, and shall pay the appropriate amounts over to the 
new unit serving as agent. 
Sec. A-26. 20-A MRSA §15696, sub-§l, ~A, as enacted by PL 2007, c. 240, Pt. 
XXXX, §33, is amended to read: 
A. The school administrative unit is eligible for only 50% of the minimum state 
allocation under Title 20 A, section 15689, subsection 1; 
Sec. A-27. 21-A MRSA §1018, as amended by PL 2007, c. 443, Pt. A, §19, is 
repealed. 
Sec. A-28. 22 MRS A §10-A, as enacted by PL 2005, c. 634, § 1 0, is amended to 
read: 
§10-A. Coordination and reporting on expenditure of funds pertaining to homeland 
security and bioterrorism prevention 
The Director of the Maine Center for Disease Control and Prevention shall coordinate 
lOin a mutually agreed upon manner with the Director of the Maine Emergency 
Management Agency within the Department of Defense, Veterans and Emergency 
Management on the planning and expenditure of all federal funds received by the Maine 
Center for Disease Control and Prevention for homeland security emergency 
preparedness purposes or for the prevention of bioterrorism and provide a report 
annually, beginning December 15, 2006, to the Homeland Security Advisory Council 
established in Title 37 -B, section m 708. 
The advisor for the Homeland Security 
Advisory Council shall report by January 15th of each year, beginning in 2007, on the 
expenditure of such funds to the joint standing committee of the Legislature having 
jurisdiction over health and human services matters and the joint standing committee of 
the Legislature having jurisdiction over criminal justice and public safety matters. The 
report must include, but is not limited to, the amount of funds expended in the prior year, 
the purpose of those expenditures, the effect of those expenditures on homeland security 
and bioterrorism prevention and the plans for coordination with the Maine Emergency 
Management Agency for the expenditure of the funds received or anticipated for such 
purposes in the 2 years following submission of the report. 
Sec. A-29. 22 MRSA §2685, sub-§2, ~, as enacted by PL 2007, c. 327, § 1, is 
amended to read: 
B. 
"Carrier" has the same meaning as In Title 24-A, section 430 I-A, section 
subsection 3. 
Sec. A-30. 22 MRSA §8702, sub-§8-B, as enacted by PL 2007, c. 136, § 1, is 
amended to read: 
8-B. Pharmacy benefits manager. "Pharmacy benefits manager" means an entity 
that performs pharmacy benefits management as defined in section 2699, subsection 1, 
paragraph E. 
Sec. A-31. 22 MRSA §8702, sub-§ll, as amended by PL 2007, c. 136, § I and c. 
240, Pt. VV, §2, is repealed and the following enacted in its place: 
11. 
Third-party payor. 
"Third-party payor" means a health insurer, carner, 
including a carrier that provides only administrative services for plan sponsors, nO!1Q[:;:D! 
hospital, medical services organization or managed care organization licensed in Jt~~ 
State. 
"Third-party payor" does not include carriers licensed to issue limited benefit 
Page IO-123LR3429(OI)-1 
health policies or accident, specified disease, vision, disability, long-term care or nursing 
home care policies. 
Sec. A-32. 22 MRSA §8824, sub-§l-A, as enacted by PL 2007, c. 450, Pt. A, §8, 
is amended to read: 
I-A. Referral to Child Development Services System. The department shall adopt 
rules according to which it shall in a timely fashion refer children identified in subsection 
as having a high likelihood of having a hearing impairment to the Child Development 
Services System. The rules must also describe the timetables under which the department 
shall refer to the Child Development Services System children identified by the 
department in accordance with subsection 1 as having possible hearing impairment but 
for whom hearing impairment has been neither confirmed nor disconfirmed by 6 months 
of age. The Department of Education and the Department of Health and Human Services 
shall execute an interagency agreement under section 7213 to facilitate the referrals in 
this subsection. 
In accordance with the interagency agreement, the Department of 
Education shall offer a single point of contact for the Department of Health and Human 
Services to use in making referrals. Also in accordance with the interagency agreement, 
the Child Development Services System may make direct contact with the families who 
are referred. 
The referrals may take place electronically. 
For purposes of quality 
assurance and improvement, the Child Development Services System shall supply to the 
Department of Health and Human Services aggregate data at least annually on the 
number of children referred under this subsection who are found eligible for early 
intervention services and on the number of children found not eligible for early 
intervention services. 
Sec. A-33. 
24-A MRSA §2847-M, as enacted by PL 2007, c. 452, §3, is 
reallocated to 24-A MRSA §2847-N. 
Sec. A-34. 24-A MRSA §4253, as enacted by PL 2007, c. 452, §4, is reallocated 
to 24-A MRSA §4254. 
Sec. A-35. 25 MRS A §2001, as amended by PL 2003, c. 414, Pt. B, §§36 and 37 
and affected by c. 614, §9 and repealed by c. 452, Pt. N, §1 and affected by Pt. X, §2, is 
repealed. 
Sec. A-36. 26 MRSA §629, as amended by PL 2007, c. 357, § 1 and repealed and 
replaced by c. 415, § 1, is repealed and the following enacted in its place: 
§629. Unfair agreements 
1. Work without compensation; return of compensation. 
A person, firm or 
corporation may not require or permit any person as a condition of securing or retaining 
employment to work without monetary compensation or when having an agreement, oral, 
written or implied, that a part of such compensation should be returned to the person, firm 
or corporation for any reason other than for the payment of a loan, debt or advance made 
to the person, or for the payment of any merchandise purchased from the employer or for 
sick or accident benefits, or life or group insurance premiums, excluding compensation 
insurance, that an employee has agreed to pay, or for rent, light or water expense of a 
Page II - 123LR3429(OI)-1 
I 
company-owned house or building. This section does not apply to work performed In 
agriculture or in or about a private home. 
2. Debt. 
For purposes of this subchapter, the word "debt" means a benefit to the 
employee. "Debt" does not include items incurred by the employee in the course of the 
employee's work or dealing with the customers on the employer's behalf, such as cash 
shortages, inventory shortages, dishonored checks, dishonored credit cards, damages to 
the employer's property in any form or any merchandise purchased by a customer. The 
cost of uniforms and of their laundering, if the nature of the business requires the 
employee to wear a uniform, the cost of any construction by and for the employer, the 
cost of tools of the trade and other materials and services incidental to carrying on the 
employer's business and other costs of furnishing facilities primarily for the benefit or 
convenience of the employer may not be considered a "debt. " 
3. Penalty. An employer is liable to an employee for the amount returned to the 
employer by that employee as prohibited in this section. 
4. Deduction of service fees. Public employers may deduct service fees owed by an 
employee to a collective bargaining agent from the employee's pay, without signed 
authorization from the employee, and remit those fees to the bargaining agent, as long as: 
A. The fee obligation arises from a lawfully executed and implemented collective 
bargaining agreement; and 
B. 
In the event a fee payor owes any arrears on the payor's fee obligations, the 
deduction authorized under this subsection may include an installment on a payment 
plan to reimburse all arrears, but may not exceed in each pay period 10% of the gross 
pay owed. 
Sec. A-37. 26 MRSA §2171-A, sub-§2, as enacted by PL 2003, c. 114, §I9, is 
amended to read: 
2. Maine Conservation Corps. The Maine Conservation Corps under Title 12, 
chapter J.4. 220, subchapter 6-A. 
Sec. A-38. 29-A MRSA §456-D, as enacted by PL 2007, c. 456, §3 and corrected 
by RR 2007, c. 1, §I3, is reallocated to 29-A MRSA §456-E. 
Sec. A-39. 29-A MRS A §468, sub-§6, as amended by PL 2007, c. 240, Pt. 
LLLL, §3, is further amended to read: 
6. Numbering, lettering and duplicate plates. Except as provided in section 445--G 
456-C, the Secretary of State shall issue a specialty license plate in a 3-number and 3-
letter combination sequence. Vanity plates may not duplicate vanity plates issued in 
another class of plate. 
Sec. A-40. 29-A MRS A §1972, sub-§l, as enacted by PL 2005, c. 544, § 1, is 
amended to read: 
1. Ownership; access. Data described in section ~ 
1971, subsection 1 that are 
recorded on an event data recorder may not be downloaded or otherwise retrieved by a 
person other than the owner of the motor vehicle at the time the data are accessed, except 
under the following circumstances: 
A. 
The owner of the motor vehicle or the owner's agent or legal representative 
consents to the retrieval of the information; 
B. 
A court of competent jurisdiction in this State orders the production of the data; 
C. 
For purposes of improving motor vehicle safety, security or traffic management, 
including medical research on the human body's reaction to motor vehicle crashes, as 
long as the identity of the owner or driver is not disclosed in connection with that 
retrieved data. 
For the purposes of this paragraph, the disclosure of the vehicle 
identification number with the last 4 digits deleted does not constitute the disclosure 
of the identity of the owner or driver; 
D. 
The data are retrieved by a licensed motor vehicle dealer or by an automotive 
technician for the purpose of diagnosing, servicing or repairing the motor vehicle; 
E. 
The data are retrieved for the purpose of determining the need for or facilitating 
emergency medical response in the event of a motor vehicle crash; 
F. 
The data are retrieved by a law enforcement officer acting pursuant to authority 
recognized under applicable statutory or constitutional law; or 
G. 
The data are requested as part of routine civil or criminal discovery. 
Sec. A-41. 30-A MRSA §4211, sub-§4, as enacted by PL 1987, c. 737, Pt. A, §2 
and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is 
further amended to read: 
4. Enforcement and penalty. Any person who violates this section sflal.l must be 
penalized in accordance with section 4W6 4452. The municipality or the department 
may seek to enjoin violations of this section. 
Sec. A-42. 32 MRSA §1202, sub-§l, ~A, as amended by PL 2007, c. 398, § 1 
and c. 402, Pt. I, § 12, is repealed and the following enacted in its place: 
A. 
For a journevman electrician's license, a person must: 
(1) Complete at least 8,000 hours of service as an apprentice or helper electrician 
or at least 8,000 hours of experience in electrical installations, as defined in 
section 11 0 I, and satisfactorily complete a program of study comprising 576 
hours as approved by the Electricians' Examining Board or from an accredited 
institution. The 576 hours shall consist of 225 hours of required study, including 
an approved course of not less than 45 hours in the current National Electrical 
Code; and 351 hours of elective study, comprised of all trade-related electives or 
hours of trade-related courses and 135 hours of degree-related courses; 
(2) Be a graduate of an accredited regional applied technology high school 2-
year electrical program, have worked for 8,000 hours in the field of electrical 
installations under the supervision of a master electrician or the equivalent and 
I 
have completed a course of not less than 45 hours in the current National 
Electrical Code, the course to be approved by the board; 
(3) Be a graduate of an accredited community college electrical program or a 
vocational-electrical program of the Department of Corrections, have worked for 
4,000 hours in the field of electrical installations under the supervision of a 
master electrician or the equivalent and have completed a course of not less than 
hours in the current National Electrical Code, the course to be approved by the 
board. Persons qualifying under this paragraph may sit for the journeyman's 
examination upon graduation if application is made within one year of 
graduation; or 
I 
(4) 
Be an electrical apprentice registered with the State Apprenticeship and 
Training Council and have completed 576 hours of related instruction, as defined 
in this paragraph, prescribed in their apprenticeship program, the 8,000-hour 
approved program and a course of not less than 45 hours in the current National 
Electrical Code, the course to be approved by the board. Persons qualifying 
under this paragraph may sit for the journeyman's examination after completion 
of the 576 hours of instruction if application is made within one year of the 
completion of the instruction. 
Sec. A-43. 32 MRSA §12228, as amended by PL 2007, c. 384, §§3 to 8 and c. 
402, Pt. Z, § 11, is repealed and the following enacted in its place: 
§12228. Certified public accountants; qualifications 
1. 
Certificate grant. The board shall grant the certificate of "certified public 
accountant" to any person who makes application to the board and who meets the good 
character, education, examination and experience requirements of this section, and who 
pays the fees as set under section 12203, except that no certificate may be granted to a 
person holding a valid certificate issued by another state. 
2. Good character. "Good character" for the purposes of this section means lack of 
a history of dishonest or felonious acts. The board may refuse to grant a certificate on the 
ground of failure to satisfy this requirement only if there is a substantial connection 
between the lack of good character of the applicant and the professional responsibilities 
of a licensee and if the finding by the board of lack of good character is supported by 
clear and convincing evidence. When an applicant is found to be unqualified for a 
certificate because of a lack of good character, the board shall furnish the applicant a 
statement containing the findings of the board, a complete record of the evidence upon 
which the determination was based and a notice of the applicant's right of appeal under 
the Maine Administrative Procedure Act, Title 5, chapter 375. 
3. 
Education requirement. 
The education requirement for a certificate IS as 
follows: 
B. 
At least 150 semester hours of education, including a minImum 4-year 
baccalaureate or higher degree conferred by a college or university acceptable to the 
board, the total educational program to include basic courses in accountin~ 
auditing determined to be appropriate under board rules. Rules adopted by the board 
pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A; and 
C. 
An examination applicant who expects to complete a minimum 4-year 
baccalaureate or higher degree required in paragraph B within 120 days following the 
examination is eligible to take the examination. Grades may not be released, nor may 
credit for the examination or any part of the examination be given to the applicant 
unless the degree required in paragraph B is completed within 120 days following the 
examination or within such time as the board in its sole discretion may determine. 
4. Examination. An applicant is required to pass an examination approved by the 
board to test the applicant's knowledge of the subjects of accounting and auditing and 
such other related subjects as the board may specifY by rule in order to qualifY for a 
certificate. Rules adopted pursuant to this section are routine technical rules as defined in 
Title 5, chapter 375, subchapter 2-A. 
The board may make the use of all or any part of 
the Uniform Certified Public Accountant Examination and the Advisory Grading Service 
of the American Institute of Certified Public Accountants or any other examination 
approved by the board and may contract with 3rd parties to perform such administrative 
services with respect to the examination as it considers appropriate to assist it in 
performing its duties under this section. 
6. Examination; credits. An applicant must be given credit for any and all parts of 
an examination passed in another state if that credit would have been given, under then 
applicable requirements, if the applicant had taken the examination in this State. 
7. 
Waiver. 
The board may, in particular cases, waive or defer any of the 
requirements of subsection 6 regarding the circumstances in which the various sections of 
the examination must be passed upon a showing that, by reason of circumstances beyond 
the applicant's control, the applicant was unable to meet that requirement. 
9. Out-or-state examination. An applicant who has been given credit for any or all 
parts of an examination passed in another state as provided in subsection 6 must pay the 
fee as set under section 12203. 
10. 
Experience. 
For initial issuance of a certificate under this subsection, an 
applicant shall demonstrate 2 years of experience under the direction of a certified public 
accountant licensed by any state or territory of the United States or equivalent direction, 
as determined by the board, by a licensed professional in another country and must meet 
the other requirements prescribed by the board by rule. The applicant's experience must 
include the use of accounting or auditing skills, including the issuance of reports on 
financial statements, and at least one of the following: the provision of management 
advisory, financial advisory or consulting services; the preparation of tax returns; the 
furnishing of advice on tax matters; or equivalent activities defined by the board by rule. 
Board rules adopted pursuant to this subsection are routine technical rules as defined in 
Title 5, chapter 375, subchapter 2-A. To the extent the applicant's experience is as a 
revenue agent or in a similar position engaged in the examination of personal and 
corporate income tax returns for the Bureau of Revenue Services, the applicant receives 
credit at the rate of 50% toward the experience required by this subsection. To the extent 
the applicant's experience is as an examiner engaged in financial examinations for the 
Bureau of Insurance, the applicant receives credit under this subsection if that experience 
meets the following standards: 
A. 
Examinations are performed in conformity with the Examiners' Handbook 
published by the National Association ofInsurance Commissioners or its successor or 
other organization approved by the board; 
B. 
Working papers prepared by the examiners are in conformity with generally 
accepted auditing standards and are subject to a review by a supervisor who must be a 
certified public accountant; 
C. Written reports of examination are prepared in conformity with the Examiners' 
Handbook published by the National Association of Insurance Commissioners or its 
successor or other organization approved by the board. All examiners working on the 
examinations must participate in the preparation of the report; 
D. 
Reports of examination are prepared in accordance with statutory accounting 
principles. 
All examiners working on the examinations must participate in the 
preparation of the financial statements and corresponding note disclosures; and 
E. All examiners assigned to an examination must participate in the planning of the 
examination and the planning phase conforms to the Examiners' Handbook published 
by the National Association of Insurance Commissioners or its successor or other 
organization approved by the board and generally accepted auditing standards. 
11. 
Board discretion. 
The members of the board have the full and sole 
responsibility for the determination of the qualifications of applicants for the certificate of 
"certified public accountant." Only persons recommended by the board may be granted 
the certificate of "certified public accountant." 
Sec. A-44. 32 MRS A § 12252, as amended by PL 2007, c. 384, § § 11 to 13 and c. 
402, Pt. Z, § 17, is repealed and the following enacted in its place: 
§12252. Licenses; firms 
1. Permits granted. The board shall grant or renew a license to firms that make 
application, pay the fee as set under section 12203 and demonstrate their qualifications in 
accordance with this section. 
A. A firm must hold a license issued under this section if it: 
1 
(1) Has an office in this State performing any of the services described in section 
12201, subsection 3-A, paragraphs A to 0; 
(2) Has an office in this State that uses the title "CPA" or "CPA firm"; or 
(3) 
Does not have an office in this State but performs any of the services 
described in section 12201, subsection 3-A, paragraphs A, C or 0 for a client 
having its home office in this State. 
B. A firm that does not have an office in this State may perform services described in 
section 12201, subsection 3-A, paragraph B for a client having its home office in this 
State and may use the title "CPA" or "CPA firm" without a license issued under this 
section only if: 
(I) It qualifies for a firm license pursuant to subsections 3 and 8; and 
(2) It performs such services through an individual with practice privileges under 
section 12251, subsection 4-B. 
C. A firm that is not subject to the requirements of paragraphs A and B may perform 
professional services other than those described in section 12201, subsection 3-A 
while using the title "CPA" or "CPA firm" in this State without a license issued under 
this section only if the firm: 
(1) Performs such services through an individual with practice privileges under 
section 12251, subsection 4-B; and 
(2) Has legal authority to perform such services in the state of that individual's 
principal place of business. 
2. Duration. Licenses are initially issued and renewed for a period of one year, but 
in any event expire on June 30th following issuance or renewal or on such other date as 
the commissioner may designate. The board shall grant or deny a license application no 
later than 60 days after a complete application is filed. In any case when the applicant 
seeks the opportunity to show that issuance or renewal of a license was mistakenly denied 
or when the board is not able to determine whether it should be granted or denied, the 
board may issue to the applicant a provisional license, which expires 90 days after its 
issuance or when the board determines whether or not to issue or renew the license for 
which application was made, whichever first occurs. 
3. Firm licenses. The following provisions apply to the issuance of firm licenses. 
A. 
An applicant for initial issuance or renewal of a license under this section shall 
show that a simple majority of the ownership of the firm, in terms of financial 
interests and voting rights of all partners, officers, shareholders, members or 
managers, belongs to holders of certificates who are licensed in a state and that all 
partners, officers, shareholders, members or managers whose principal place of 
business is in this State and who perform professional services in this State hold valid 
individual licenses issued by the board. 
Firms may include nonlicensee owners in 
accordance with paragraph B. 
B. 
A certified public accountancy firm or public accountancy firm may include 
non licensee owners as long as: 
(1) 
All nonlicensee owners are individuals who actively participate in the 
certified public accountancy firm or public accountancy firm; 
(2) The firm complies with such other requirements as the board may impose by 
rule; and 
(3) The firm designates an individual who is a licensee of this State or, in the 
case of a firm that must have a license pursuant to subsection 1, paragraph A, 
subparagraph (3), designates an individual who is a licensee of another state who 
meets the requirements set out in section 12251, subsection 4-B, paragraph A 
who is responsible for the proper registration of the firm and identifies that 
individual who is a licensee to the board. 
4. Office registered. An applicant for initial issuance or renewal of a license under 
this section shall register each office of the firm within this State with the board, pay the 
fee as set under section 12203 and show that each such office is under the charge of a 
person holding a valid license issued under section 12251 or the corresponding provision 
of prior law or the laws of another state. 
6. Out-of-state licenses. Applicants for initial issuance or renewal of licenses under 
this section shall in their application list all states in which they have applied for, or hold 
licenses to, practice public accountancy and each holder of, or applicant for, a license 
II 
under this section shall notify the board in writing, within 30 days after its occurrence, of 
any change in the identities of partners, officers or shareholders who work regularly 
within this State, any change in the number or location of offices within this State, any 
change in the identity of the persons in charge of those offices and any issuance, denial, 
revocation or suspension of a license by any other state. 
8. Peer review for certified public accountancy firms. As a condition to the 
granting or renewal of licenses to certified public accountancy firms, each applicant that 
provides a defined service other than compilations must successfully participate in an 
approved peer review program. 
Participation in such a program is governed by the 
following. 
A. A peer review must be completed within 18 months after the initial granting of 
the license. The firm must undergo a peer review every 3 years for as long as it 
provides a defined service other than compilations. 
B. A certified public accountancy firm that does not provide a defined service other 
than compilations is not required to undergo a peer review if the firm annually 
confirms in writing to the board that it does not provide a defined service other than 
compilations. 
A certified public accountancy firm that subsequently provides a 
defined service other than compilations must undergo a peer review within 18 months 
after the fiscal year end of the first defined services engagement other than 
compilations that it accepts. 
The board is authorized to adopt rules to carry out the intent of this subsection. Rules 
adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 
375, subchapter 2-A. 
Sec. A-45. 32 MRSA §17104, as enacted by PL 2007, c. 369, Pt. C, §3 and 
affected by §5, is amended by adding at the end a new paragraph to read: 
An individual who is enrolled in a course of study leading to a degree in speech-
language pathology or audiology at an accredited college or accredited university IS 
exempt as long as such activities and services constitute a part of the course of study. 
Sec. A-46.· 32 MRS A §17104, sub-§4, as enacted by PL 2007, c. 369, Pt. C, §3 
and affected by §5, is repealed. 
Sec. A-47. 34-B MRSA §5438, as enacted by PL 2007, c. 240, Pt. 00, §2, is 
reallocated to 34-B MRSA §5439. 
Sec. A-48. 35-A MRSA §10008, sub-§5, as enacted by PL 2007, c. 317, §15, is 
amended to read: 
5. Ceiling on energy efficiency spending. There is established a ceiling on energy 
efficiency spending from the trust equal to $5 per carbon dioxide allowance. Until that 
price ceiling is adjusted or removed, only the first $5 of each carbon dioxide allowance 
sold and deposited in the trust fund may be awarded to or directed to qualified projects 
for purposes of energy efficiency improvements. While the ceiling is in place, revenue 
received by the trust from an allowance value above $5 must be transferred to the 
commission for use ttSed by the commission pursuant to sections 301 and 1322 for 
rebates to electric ratepayers calculated on a per-kilowatt-hour basis. 
Sec. A-49. 36 MRSA §581, as amended by PL 2007, c. 425, § 1 and repealed and 
replaced by c. 438, § 18, is repealed and the following enacted in its place: 
§581. Withdrawal 
1. Assessor determination; owner request. If the assessor determines that land 
subject to this subchapter no longer meets the requirements of this subchapter, the 
assessor must withdraw the land from taxation under this subchapter. 
Before 
withdrawing the land from taxation under this subchapter, if the sole reason the land does 
not meet the requirements of this subchapter is that the owner failed to file the sworn 
statement required under section 574-B, subsection 1, the assessor shall provide the 
owner with written notice by regular mail of the deadline to file the sworn statement and 
permit the owner at least 60 days to respond to that notice. An owner of land subject to 
this subchapter may at any time request withdrawal of that land from taxation under this 
subchapter by certifying in writing to the assessor that the land is no longer to be 
classified under this subchapter. 
2. Withdrawal of portion. In the case of withdrawal of a portion of a parcel, the 
owner, as a condition of withdrawal, shall file with the assessor a plan showing the area 
withdrawn and the area remaining subject to taxation under this subchapter. In the case 
of withdrawal of a portion of a parcel, the resulting portions must be treated after the 
withdrawal as separate parcels under section 708. 
3. 
Penalty. 
If the land is withdrawn from taxation under this subchapter, the 
assessor shall impose a penalty upon the owner. The penalty is the greater of: 
A. An amount equal to the taxes that would have been assessed on the first day of 
April for the 5 tax years, or any lesser number of tax years starting with the year in 
which the land was first classified, preceding the withdrawal had that land been 
assessed in each of those years at its just value on the date of withdrawal. That 
amount must be reduced by all taxes paid on that land over the preceding 5 years, or 
any lesser number of tax years starting with the year in which the land was first 
classified, and increased by interest at the prevailing municipal rate from the date or 
dates on which those amounts would have been payable; and 
I 
B. An amount computed by multiplying the amount, if any, by which the just value 
of the land on the date of withdrawal exceeds the 100% valuation of the land pursuant 
to this subchapter on the preceding April I st by the following rates: 
(I) If the land was subject to valuation under this subchapter for 10 years or less 
prior to the date of withdrawal, the rate is 30%; and 
(2) If the land was subject to valuation under this subchapter for more than 10 
years prior to the date of withdrawal, the rate is that percentage obtained by 
subtracting 1 % from 30% for each full year beyond 10 years that the land was 
subject to valuation under this subchapter prior to the date of withdrawal, except 
that the minimum rate is 20%. 
II 
For purposes of this subsection, just value at the time of withdrawal is the assessed just 
value of comparable property in the municipality adjusted by the municipality's certified 
assessment ratio. 
4. Assessment and collection of penalties. The penalties for withdrawal must be 
paid upon withdrawal to the tax collector as additional property taxes. Penalties may be 
assessed and collected as supplemental assessments in accordance with section 713-B. 
5. 
Eminent domain. 
A penalty may not be assessed under this section for a 
withdrawal occasioned by a transfer to an entity holding the power of eminent domain if 
the transfer results from the exercise or threatened exercise of that power. 
6. 
Relief from requirements. 
Upon withdrawal, the land is relieved of the 
requirements of this subchapter immediately and is returned to taxation under the statutes 
relating to the taxation of real property beginning the following April 1st. 
7. 
Reclassification as farmland or open space land. 
A penalty may not be 
assessed upon the withdrawal of land from taxation under this subchapter if the owner 
applies for classification of that land as farmland or open space land under subchapter 10 
and that application is accepted. If a penalty is later assessed under section 1112, the 
period of time that the land was taxed as forest land under this subchapter is included for 
purposes of establishing the amount of the penalty. 
8. Report of penalty. A municipality that receives a penalty for the withdrawal of 
land from taxation under this subchapter must report the total amount received in that 
reporting year to the State Tax Assessor on the municipal valuation return form described 
in section 383. 
Sec. A-50. 36 MRSA §693, sub-§l, as amended by PL 2007, c. 435, § I and c. 
437, §9, is repealed and the following enacted in its place: 
1. Reporting. On or before May 1 st of each year, a taxpayer claiming an exemption 
under this section shall file a report with the assessor of the taxing jurisdiction in which 
the property would otherwise be subject to taxation on April 1 st of that year. The report 
must identify the property for which exemption is claimed that would otherwise be 
subject to taxation on April 1st of that year and must be made on a form prescribed by the 
State Tax Assessor or substitute form approved by the State Tax Assessor. The State Tax 
Assessor shall furnish copies of the form to each municipality in the State and the form 
must be made available to taxpayers prior to April 1 st annually. The assessor of the 
taxing jurisdiction may require the taxpayer to sign the form and make oath to its truth. If 
the report is not filed by April 1 st, the filing deadline is automatically extended to May 
st without the need for the taxpayer to request or the assessor to grant that extension. 
Upon written request, the assessor may at any time grant further extensions of time to file 
the report. 
If a taxpayer fails to file the report in a timely manner, including any 
extensions of time, the taxpayer may not obtain an exemption for that property under this 
subchapter for that tax year. 
The assessor of the taxing jurisdiction may require in 
writing that a taxpayer answer in writing all reasonable inquiries as to the property for 
which exemption is requested. A taxpayer has 30 days from receipt of such an inquiry to 
respond. Upon written request, a taxpayer is entitled to a 30-day extension to respond to 
the inquiry and the assessor may at any time grant additional extensions upon written 
request. The answer to any such inquiry is not binding on the assessor. 
All notices and requests provided pursuant to this subsection must be made by personal 
delivery or certified mail and must conspicuously state the consequences of the taxpayer's 
failure to respond to the notice or request in a timely manner. 
If an exemption has already been accepted and the State Tax Assessor subsequently 
determines that the property is not entitled to exemption, a supplemental assessment must 
be made within 3 years of the original assessment date with respect to the property in 
compliance with section 713, without regard to the limitations contained in that section 
regarding the justification necessary for a supplemental assessment. 
Sec. A-51. 36 MRSA §1760, sub-§90, as enacted by PL 2007, c. 438, §47, is 
reallocated to 36 MRSA § 1760, sub-§91. 
Sec. A-52. 36 MRS A §1811, first ~, as amended by PL 2007, c. 410, §5 and 
affected by §6 and amended by c. 444, § 1, is repealed and the following enacted in its 
place: 
A tax is imposed on the value of all tangible personal property and taxable services 
sold at retail in this State. The rate of tax is 7% on the value of liquor sold in licensed 
establishments as defined in Title 28-A, section 2, subsection i 5, in accordance with Title 
28-A. chapter 43; 7% on the value of rental of living quarters in any hotel, rooming house 
or tourist or trailer camp; 10% on the value of rental for a period of less than one year of 
an automobile, including a loaner vehicle that is provided other than to a motor vehicle 
dealer's service customers pursuant to a manufacturer's or dealer's warranty; 7% on the 
value of prepared food; and 5% on the value of all other tangible personal property and 
taxable services. Value is measured by the sale price, except as otherwise provided. As 
used in this section, "loaner vehicle" has the same meaning as in section 1752, subsection 
11, paragraph 8, subparagraph (8). The value of rental for a period of less than one year 
of an automobile is the total rental charged to the lessee and includes, but is not limited 
to, maintenance and service contracts, drop-off or pick-up fees, airport surcharges, 
mileage fees and any separately itemized charges on the rental agreement to recover the 
owner's estimated costs of the charges imposed by government authority for title fees, 
inspection fees, local excise tax and agent fees on all vehicles in its rental fleet registered 
in the State. All fees must be disclosed when an estimated quote is provided to the lessee. 
Sec. A-53. 36 MRSA §2521-A, as amended by PL 2007, c. 240, Pt. KKKK, §5 
and affected by §7 and amended by c. 437, § 12 and affected by §22, is repealed and the 
following enacted in its place: 
§2521-A. Returns; payment of tax 
Every insurance company, association, producer or attorney-in-fact of a reciprocal 
insurer subject to the tax imposed by this chapter shall on or before the last day of each 
April, the 25th day of each June and the last day of each October file with the State Tax 
Assessor on forms prescribed by the assessor a return for the quarter ending on the last 
day of the preceding calendar month, except for the return due on the 25th day of June, 
which is for the quarter ending June 30th. A final return must be filed on or before 
March 15th, covering the prior calendar year. The 3 quarterly returns may be on an 
estimated basis, as long as each April and June installment equals 35% of the total tax 
paid for the preceding calendar year or at least 35% of the total tax to be paid for the 
current calendar year and each October installment equals 15% of the total tax paid for 
the preceding calendar year or at least 15% of the total tax to be paid for the current 
calendar year. 
At the time of filing the returns, each insurance company, association, producer or 
attorney-in-fact of a reciprocal insurer shall pay to the assessor the amount of tax shown 
due. 
Insurance companies, aSSOCIatIOns, producers or attorneys-in-fact of a reciprocal 
insurer whose annual tax liability under this chapter does not exceed $1,000 may file an 
annual return with payment on or before March 15th covering the prior calendar year. 
Sec. A-54. 36 MRSA §4641-B, sub-§4, as amended by PL 2007, c. 240, Pt. H, 
§ 1 and c. 427, § 1, is repealed and the following enacted in its place: 
4. Distribution of State's share of proceeds. The State Tax Assessor shall pay all 
net receipts received pursuant to this section to the Treasurer of State and shall at the 
same time provide the Treasurer of State with documentation showing the amount of 
revenues derived from the tax imposed by section 4641-A, subsection 1 and the amount 
of revenues derived from the tax imposed by section 4641-A, subsection 2. The Treasurer 
of State shall credit 1/2 of the revenues derived from the tax imposed by section 4641-A, 
subsection 1 to the General Fund and shall monthly pay the remaining 112 of such 
revenues to the Maine State Housing Authority, which shaIl deposit the funds in the 
Housing Opportunities for Maine Fund created in Title 30-A, section 4853, except that in 
fiscal year 2003-04, fiscal year 2004-05 and fiscal year 2005-06, $7,500,000 of the 
remaining 112 of those revenues must be transferred to the General Fund before any 
payments are made to the Maine State Housing Authority, in fiscal year 2006-07, 
$7,687,067 of the remaining 112 of those revenues must be transferred to the General 
Fund before any payments are made to the Maine State Housing Authority and in fiscal 
year 2007-08 and fiscal year 2008-09, $5,000,000 of the remaining 112 of those revenues 
must be transferred to the General Fund before any payments are made to the Maine State 
Housing Authority. Beginning July 1, 2009, neither the Governor nor the Legislature 
may divert the revenues payable to the Housing Opportunities for Maine Fund to any 
other fund or for any other use. Any proposal to enact or amend a law to allow 
distribution of less than 112 of the revenues derived from the tax imposed by section 
4641-A, subsection 1 to the Housing Opportunities for Maine Fund must be submitted to 
the Legislative Council and to the joint standing committee of the Legislature having 
jurisdiction over affordable housing matters at least 30 days prior to any vote or public 
hearing on the proposal. The Treasurer of State shall credit to the General Fund all of the 
revenues derived from the tax imposed by section 4641-A, subsection 2. 
Sec. A-SS. 36 MRSA §62S4, sub-§l, as enacted by PL 1989, c. 534, Pt. C, § 1 
and repealed and replaced by c. 713, §4, is amended to read: 
1. Lien. The lien provided in section 552 must continue for purposes of protecting 
the State's deferred tax interest in tax deferred property. When it is determined that one 
of the events set out in section 6259 has occurred and that a property is no longer eligible 
for property tax deferral under this chapter, the State Tax Assessor shall send notice by 
certified mail to the owner, or the owner's heirs or devisees, listing the total amount of 
deferred property taxes, including accrued interest and costs of all the years and 
demanding payment on or before April 30th of the year following the tax year in which 
the circumstances causing withdrawal from the provisions of this chapter occur. 
When the circumstances listed in section 6259, subsection 4 occur, the amount of 
deferred taxes is due and payable 5 days before the date of removal of the property from 
the State. 
If the deferred tax liability of a property has not been satisfied by the April 30th demand 
date, the State Tax Assessor shall, within 30 days, record in the registry of deeds in the 
county where the real estate is located a tax lien certificate signed by the State Tax 
Assessor or bearing the assessor's facsimile signature, setting forth the total amount of 
deferred tax liability, a description of the real estate on which the tax was deferred and an 
allegation that a tax lien is claimed on the real estate to secure payment of the tax, that a 
demand for payment of the tax has been made in accordance with this section and that the 
tax remains unpaid. 
At the time of the recording of the tax lien certificate in the registry of deeds, the State 
Tax Assessor shall send by certified mail, return receipt requested, to each record holder 
of a mortgage on the real estate, to the holder's last known address, a true copy of the tax 
lien certificate. The cost to be paid by the property owner, or the owner's heirs or 
devisees, is the sum of the fees for recording and discharging of the lien as established by 
Title 33, section 751, subsection 10, plus $13. Upon redemption, the State Tax Assessor 
shall prepare and record a discharge of the tax lien mortgage. The lien described in 
section 552 is the basis ofthis tax lien mortgage procedure. 
The filing of the tax lien certificate, provided for in this section, in the registry of deeds 
creates a mortgage on the real estate to the State and has priority over all other mortgages, 
liens, attachments and encumbrances of any nature and gives to the State all rights 
usually instant to a mortgage, except that the mortgagee does not have any right of 
possession of the real estate until the right of redemption expires. 
Payments accepted during the redemption period may not interrupt or extend the 
redemption period or in any way affect the foreclosure procedures. 
I 
Sec. A-56. 36 MRSA §6651, sub-§l, as amended by PL 2007, c. 372, § I and c. 
437, §21, is repealed and the following enacted in its place: 
1. Eligible property. "Eligible property" means qualified business property first 
placed in service in the State, or constituting construction in progress commenced in the 
State, after April I, 1995, but does not include property that is eligible business 
equipment as defined in section 691, subsection I. "Eligible property" includes, without 
limitation, repair parts, replacement parts, additions, accessions and accessories to other 
qualified business property placed in service on or before April 1, 1995 if the part, 
addition, accession or accessory is first placed in service, or constitutes construction in 
progress, in the State after April 1, 1995, unless such property is eligible business 
II 
equipment as defined in section 691, subsection 1. "Eligible property" includes used 
qualified business property if the qualified business property was first placed in service in 
the State, or constituted construction in progress commenced in the State, after Apri I 1, 
1995 and does not qualify for exemption under chapter 105, subchapter 4-C. "Eligible 
property" also includes inventory parts. 
Sec. A-57. PL 2007, c. 146, §7 is amended to read: 
Sec. 7. Staggered terms. Notwithstanding the Maine Revised Statutes, Title 12, 
section +89+ 1890-A, subsection 4 and in order to ensure a certain level of continuity of 
service on the Allagash Wilderness Waterway Advisory Council, the Commissioner of 
Conservation Governor shall, in making the initial appointments for the advisory council, 
appoint 2 members to 3-year terms, 2 members to 4-year terms and 2 members to 5-year 
terms. The legislative committee approval requirements of Title 12, section 1891, 
subsection 3 apply to initial and subsequent appointments. An initial term of 3 or 4 years 
is considered a full term for purposes of calculating the term limitation in Title 12, section 
+89+ 1890-A, subsection 4. 
Sec. A-58. PL 2007, c. 273, Pt. B, §7 is repealed. 
Sec. A-59. PL 2007, c. 356, §31 is amended to read: 
Sec. 31. Effective dates. This Act takes effect November 1, 2007, except that the 
following sections take effect upon elimination of the Consumer Advisory Board 
pursuant to the Maine Revised Statutes, Title 34-B, section 1216, subsection 4: 
1. Those sections That section of this Act that repeal Title 3, section 959, subsection 
I, paragraph F, and repeals Title 5, section 12004-1, subsection 61; 
2. 
That section Those sections of this Act that amends amend Title 3, section 959, 
subsection 1, paragraph F and Title 34-B, section 5605, subsection 13, paragraph B; and 
3. Those sections of this Act that enact Title 5, section 12004-1, subsection 15 and 
Title 34-B, section 1223. 
Sec. A-60. PL 2007, c. 377, §17 is amended to read: 
Sec. 17. Effective date. That section of this Act that enacts the Maine Revised 
Statutes, Title 34-A, section l210-B takes effect July 1, 2008. Those sections of this Act 
that amend Title 4, section 116; Title 4, section 163, subsection 1; Title 30-A, section 
1658; and Title J4 34-A, section 1214, subsection 1 and subsection 3, paragraph B take 
effect July 1, 2008. 
Sec. A-61. PL 2007, c. 440, §7, amending clause is amended to read: 
Sec. 7. 22 MRS A §332, as amended by PL 2001, c. 710, §9 and affected by § 1 0, 
is repealed and the following enacted in its place: 
PARTB 
Sec. B-l. 7 MRS A §S08, sub-§7, as amended by PL 2005, c. 512, §26, is further 
amended to read: 
7. Reused food or drugs. To introduce or deliver for introduction into commerce, or 
the receipt in commerce and subsequent delivery or proffered delivery for payor 
otherwise, of a hazardous substance in a reused food, drug or cosmetic container or in a 
container that, though not a reused container, is identifiable as a food, drug or cosmetic 
container by its labeling or other identification. The reuse of a food, drug or cosmetic 
container as a container for a hazardous substance is an act that results in the hazardous 
substance being a misbranded package. For the purposes of this subsection and section 
509, "drug" has the same meaning as defined in Title 32, section ~ 
13702-A, 
subsection 9 ll. 
Sec. B-2. 10 MRSA §1141, sub-§1, as enacted by PL 1991, c. 261, is amended to 
read: 
1. Credit card. "Credit card" has the same meaning as "accepted credit card," as 
defined in Title 9-A, section 8-103, subsection -} I-A, paragraph A. 
Sec. B-3. 10 MRS A §9041, first~, as amended by PL 1991, c. 714, §4, is further 
amended to read: 
The board shall adopt rules and establish standards as provided by section ~ 
9005-A to administer and enforce this subchapter. 
Sec. B-4. 22 MRSA §2383-B, sub-§3, ~C, as enacted by PL 1995, c. 499, §3 
and affected by §5, is amended to read: 
C. 
"Prescription drugs" has the same meaning as defined in Title 32, section ~ 
13702-A, subsection ~ 30 and includes so-called legend drugs. 
Sec. B-S. 26 MRS A §682, sub-§8, ~, as enacted by PL 1989, c. 536, §§ 1 and 2 
and affected by c. 604, §§2 and 3, is amended to read: 
B. 
"Drug" has the same meaning as found in Title 32, section ~ 
13702-A, 
subsection 911. 
Sec. B-6. 32 MRSA §552, last ~, as enacted by PL 2005, c. 262, Pt. A, §4, is 
amended to read: 
The board may waive the examination requirements and grant a license to any 
applicant who presents proof of being licensed to practice in another jurisdiction of the 
United States or another country whose licensing requirements are considered by the 
board to be substantially equivalent to or higher than those set forth in this chapter, if no 
cause exists for denial of a license under section ~ 
503-B or Title 10, section 8003, 
subsection 5-A, paragraph A, The applicant shall pay the required license fee as set 
under section 558. 
Sec. B-7. 32 MRSA §1071, sub-§l, as amended by PL 1993, c. 600, Pt. A, §56, 
II 
is further amended to read: 
1. Membership. A person is not eligible for appointment to the board who has been 
convicted of a violation of the provisions of this or any other prior dental practice act, or 
who has been convicted of a crime punishable by more than one year's imprisonment. A 
person is not eligible for appointment to the board who has served 10 years or more on a 
dental examining board in this State. Appointment of members must comply with Title 
l.Q, section (}() 8009. The Governor may remove a member of the board on proven 
charges of inefficiency, incompetence, immorality or unprofessional conduct. 
Sec. B-8. 32 MRSA §1301, 2nd~, as amended by PL 1993, c. 600, Pt. A, §103, 
is further amended to read: 
Appointments are for 5-year terms. Appointments of members must comply with 
Title 10, section (}() 8009. 
Sec. B-9. 32 MRSA §2151, as amended by PL 1993, c. 600, Pt. A, §120, IS 
further amended to read: 
§2151. Appointment; term; removal 
The State Board of Nursing, as established by Title 5, section 12004-A, subsection 
25, consists of 9 members who are appointed by the Governor. A full-term appointment 
is for 4 years. Appointment of members must comply with Title 10, section (}() 8009. 
Members of the board may be removed from office for cause by the Governor. 
Sec. B-I0. 32 MRSA §2415, as amended by PL 1995, c. 606, §2, is further 
amended to read: 
§2415. Appointment; tenure; vacancies; removal 
The State Board of Optometry, as established by Title 5, section 12004-A, subsection 
and in this chapter called the "board," consists of 6 persons appointed by the 
Governor. Five of the appointees must have been resident optometrists engaged in the 
actual practice of optometry in this State for a period of at least 5 years prior to their 
appointment and after the 1999 renewal they must hold advanced therapeutic licenses. 
One of the appointees must be a consumer member who is a resident of this State and has 
no pecuniary interest in optometry or in the merchandising of optical products. 
Appointment is for a term of 5 years. Appointments of members must comply with Title 
J...Q, section 6() 8009. A member of the board may be removed from office for cause by 
the Governor. The board has a common seal. 
Sec. B-l1. 32 MRSA §3263, first ~, as amended by PL 1997, c. 680, Pt. C, § 1, is 
further amended to read: 
The Board of Licensure in Medicine, as established by Title 5, section 12004-A, 
subsection 24, and in this chapter called the "board," consists of 9 individuals who are 
residents of this State, appointed by the Governor. 
Three individuals must be 
representatives of the public. Six individuals must be graduates of a legally chartered 
medical college or university having authority to confer degrees in medicine and must 
have been actively engaged in the practice of their profession in this State for a 
continuous period of 5 years preceding their appointments to the board. A full-term 
appointment is for 6 years. Appointment of mem bers must comp Iy with Title 10, section 
6() 8009. A member of the board may be removed from office for cause by the Governor. 
Sec. B-12. 32 MRSA §36S1-A, sub-§I, as amended by PL 2007, c. 402, Pt. P, 
§7, is further amended to read: 
1. Residency requirement. An applicant who has graduated after January I, 1991 
from podiatric medical school as set forth in section 3651 B 3651-C seeking licensure to 
practice podiatry shall provide the board with evidence of satisfactory completion of at 
least one year of postgraduate clinical training in a podiatric residency training program 
approved by the accrediting body of the American Podiatric Medical Association, or its 
successor or other organization approved by the board. 
Sec. B-13. 32 MRSA §36S1-A, sub-§2, as amended by PL 2007, c. 402, Pt. P, 
§8, is further amended to read: 
2. Residency licensure. A doctor of podiatric medicine who has graduated after 
January I, 1991 from podiatric medical school as set forth in section 3651 B 3651-C may 
not practice podiatric medicine in a podiatric residency program without first having 
applied for and obtained a residency license from the board. 
A. 
An applicant for a residency license must be a doctor of podiatric medicine who 
is a graduate of a school of podiatry, as set forth in this chapter. An examination is 
not required for applicants for residency licensure. The fee for residency licensure is 
the same as the fee for licensure for that year. A residency license may be denied for 
a reason for which a podiatric medical license may be disciplined under section 
3655 A 3656 or Title 10, section 8003, subsection 5-A, paragraph A. 
B. 
A residency license is valid only for the practice of podiatric medicine as part of 
the postgraduate residency program. A residency license is subject to discipline for a 
reason for which a podiatric medical license may be disciplined under section 3655 A 
3656 or Title 10, section 8003, subsection 5-A, paragraph A. 
If the holder of a 
residency license is terminated from or otherwise ceases to be a resident in the 
I 
postgraduate residency program, the residency license becomes void as of the date 
the resident is terminated or ceases to be a resident. 
C. 
A residency license is valid for up to one year, and may be renewed annually 
before the first day of July of every year, not to exceed an aggregate of 4 years. 
Renewal of a residency license is subject to the same requirements and conditions as 
the initial residency license. 
Sec. 8-14. 32 MRSA §6220, as repealed and replaced by PL 2003, c. 347, §23 
and affected by §25, is amended to read: 
§6220. Endorsement 
0 
Th~ ba:!!'d U1:!)1 waive the requirements of this chapter and grant a registration, 
certificate or license to any applicant who presents proof of authorization to practice by 
another jurisdiction of the United States or another country that maintains professional 
standards considered by the board to be substantially equivalent to or higher than those 
set forth in this chapter, as long as there is no cause for denial of a registration, certificate 
or license under section 6217 A 6217-B or Title 10, section 8003, subsection 5-A, 
paragraph A. The applicant must pay the application and license fee as set under section 
6215. 
Sec. 8-15. 32 MRSA §12274, sub-§3, as amended by PL 2007, c. 402, Pt. Z, 
§22, is further amended to read: 
3. Discipline. In any case when the board renders a decision imposing discipline 
against a licensee under this section and section +2-m 12273-A, the board shall examine 
its records to determine whether the licensee holds a certificate or a license in any other 
state; and, if so, the board shall notify the board of accountancy of that other state of its 
decision by mail within 45 days of rendering the decision. The board may also furnish 
information relating to proceedings resulting in disciplinary action to other public 
authorities and to private professional organizations having a disciplinary interest in the 
licensee. 
Sec. 8-16. 32 MRSA §12278, as enacted by PL 1987, c. 489, §2, is amended to 
read: 
§12278. Single act evidence of practice 
In any action brought under section +2-m 12273-A or 12277 or Title 10, section 
8003, subsection 5-A, evidence from the commission of a single act prohibited by this 
chapter shall be ~ sufficient to justify a penalty, injunction, restraining order or 
conviction, respectively, without evidence of a general course of conduct. 
Sec. 8-17. 32 MRSA §12279, as enacted by PL 1987, c. 489, §2, is amended to 
read: 
§12279. Confidential communications 
Except by permission of the client engaging a licensee under this chapter, or the 
heirs, successors or personal representatives of that client, a licensee or any partner, 
officer, shareholder or employee of a licensee sflal.l may not voluntarily disclose 
information communicated to him the licensee, or any partner, officer, shareholder or 
employee of the licensee, by the client relating to, and in connection with, services 
rendered to the client by the licensee in the practice of public accountancy. 
That 
information sflal.l must be considered confidential, provided that as long as nothing may 
be construed as prohibiting the disclosure of information required to be disclosed by the 
standards of the public accounting profession in reporting on the examination of financial 
statements or as prohibiting disclosures in court proceedings, investigations or 
proceedings under section ~ 
12273-A or Title 10, section 8003, subsection 5-A, in 
ethical investigations conducted by private proressionai organizations or in the course of 
quality reviews. 
Sec. B-18. 32 MRSA §13795, sub-§5, ~A, as enacted by PL 2005, c. 430, §7 
and affected by § 1 0, is amended to read: 
A. 
If the Director of the Maine Drug Enforcement Agency within the Department 
of Public Safety finds that the ease of availability of liquid, liquid-filled capsule or 
glycerin matrix forms of products containing ephedrine, pseudoephedrine or 
phenylpropanolamine or their salts, isomers or salts of isomers, either alone or in 
combination with other ingredients, referred to in this paragraph as "products," is a 
threat to the public health, safety and welfare, then the Director of the Maine Drug 
Enforcement Agency shall notify the Director of the Office of Substance Abuse. The 
Director of the Office of Substance Abuse shall consult with the joint standing 
committee of the Legislature having jurisdiction over health and human services 
matters, providing the reasons for undertaking rulemaking, and may, after 
consultation, adopt rules designating the products as targeted methamphetamine 
precursors pursuant to section ~ 
13702-A, subsection ~ 
33, paragraph B. 
Sec. B-19. 32 MRSA §13863, sub-§6, as repealed and replaced by PL 1991, c. 
548, Pt. A, §25, is amended to read: 
6. 
Disciplinary action. 
Any individual who IS registered under this section is 
subject to section -8-8{H- 13861-A. 
Sec. B-20. 32 MRS A §15104-B, last~, as enacted by PL 2001, c. 573, Pt. A, §2, 
is amended to read: 
A person who is or will be aggrieved by the application of any law, code or rule 
relating to the installation or alteration of boilers and pressure vessels may file a petition 
for a variance, whether compliance with that provision is required at the time of filing or 
at the time that provision becomes effective. The filing fee for a petition for a variance 
must be set by the Director of the Office of Licensing and Registration under section 
15109, subseetion 9 15104-C. The chief inspector may grant a variance if, owing to 
conditions especially affecting the particular boiler or pressure vessel involved, the 
enforcement of any law, code or rule relating to boilers or pressure vessels would do 
I 
manifest injustice or cause substantial hardship, financial or otherwise, to the petitioner or 
would be unreasonable under the circumstances, provided that as long as desirable relief 
may be granted without substantial detriment to the public good and without nullifying or 
substantially derogating from the intent or purpose of that law, code or rule. In granting a 
variance under this section, the chief inspector may impose limitations both of time and 
of use, and a continuation of the use permitted may be conditioned upon compliance with 
rules made and amended from time to time. A copy of the decision must be sent to all 
interested parties. 
Sec. B-21. 32 MRSA §15108-A, as amended by PL 2001, c. 323, §35, is further 
amended to read: 
II 
§15108-A. Boiler and pressure vessel inspectors 
The board shall issue a license as a boiler inspector upon payment of an application 
fee and license fee under section 15109, subsection 9 15104-C set by the director to any 
person who files an application and meets the qualifications as specified by rule. 
The 
board shall issue a license as a boiler inspector upon payment of an application fee and 
license fee to any person who files an application and holds a certificate as an inspector of 
steam boilers from a state that has a standard of licensing equal to that of this State or a 
certification from the National Board of Boiler and Pressure Vessel Inspectors, or its 
successor organization. 
Sec. B-22. 32 MRSA §15117, first~, as amended by PL 2001, c. 573, Pt. A, §5, 
is further amended to read: 
Each boiler or pressure vessel used or proposed for use within this State, except 
boilers or pressure vessels exempt under section 15102, must be thoroughly inspected by 
the chief inspector, a deputy inspector or an authorized inspector, as to its design, 
construction, installation, condition and operation. The board shall adopt rules pursuant to 
the Maine Administrative Procedure Act specifying the method and frequency of 
inspection. When any boiler or pressure vessel inspected as specified by the board is 
found to be suitable and to conform to the rules of the board, the chief inspector shall 
issue to the owner or user of that boiler or pressure vessel, upon payment of a fee to the 
board, an inspection certificate for each boiler or pressure vessel. The fee under section 
15109, subsection 9 15104-C must be set by the director. Inspection certificates must 
specify the maximum pressure that the boiler or pressure vessel inspected is allowed to 
carry. The inspection certificate may be valid for not more than 14 months from the date 
of inspection in the case of boilers and 38 months from the date of inspection in the case 
of pressure vessels and must be posted under glass in the engine or boiler room 
containing the boiler or pressure vessel or an engine operated by it or, in the case of a 
portable boiler, in the office of the plant where it is temporarily located. The board may 
adopt rules setting forth criteria by which a temporary extension of an inspection 
certificate beyond 14 months in the case of boilers and beyond 38 months in the case of 
pressure vessels may be authorized. Rules adopted pursuant to this section are routine 
technical rules pursuant to Title 5, chapter 375, subchapter II-A 2-A. 
Sec. B-23. 38 MRSA §89, as amended by PL 1999, c. 355, §9, is further amended 
to read: 
§89. Maine Pilotage Commission members 
The Maine Pilotage Commission, as established by Title 5, section 12004-A, 
subsection 40, consists of 7 members who are citizens of the United States and the State 
of Maine appointed by the Governor as foHows: 
Three licensed pilots who are actively 
piloting, one member from each of the coastal zones; 2 members who are not licensed 
pilots but are from a maritime industry that utilizes the services of pilots; and 2 members 
representing the public who are not licensed pilots but have a maritime background. 
Appointments are for 3-year terms. Appointments of members must comply with Title 
3-2- lQ, section 6() 8009. The members of the commission are entitled to compensation 
according to Title 5, chapter 379. 
Sec. B-24. 39-A MRSA §206, sub-§l1, as amended by PL 2001, c. 60, § 1, is 
further amended to read: 
11. Generic drugs. Providers shall prescribe generic drugs whenever medically 
acceptable for the treatment of an injury or disease for which compensation is claimed. 
An employee shall purchase generic drugs for the treatment of an injury or disease for 
which compensation is claimed if the prescribing provider indicates that generic drugs 
may be used and if generic drugs are available at the time and place of purchase. If an 
employee purchases a nongeneric drug when the prescribing provider has indicated that a 
generic drug may be used and a generic drug is available at the time and place of 
purchase, the insurer or self-insurer is required to reimburse the employee for the cost of 
the generic drug only. For purposes of this section, "generic drug" has the same meaning 
found in Title 32, section ~ 
13702-A, subsection -l+ 14. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved, except as otherwise indicated. 
SUMMARY 
Part A does the following. 
Section I corrects a numbering problem created by Public Law 2007, chapters 27 and 
28, which enacted 2 substantively different provisions with the same section number. 
Section 2 corrects an error in the laws governing explanations of constitutional 
resolutions and statewide referenda by providing that the estimate of the fiscal impact of 
I 
resolutions and referenda prepared by the Office of Fiscal and Program Review must 
include the aggregate impact that a resolution or referendum has on the amounts 
distributed by the State to local units of government. 
Sections 3 and 4 correct a clerical error by adding a conjunction between 2 lettered 
paragraphs and adding a period at the end of a sentence. 
Section 5 corrects a conflict created by Public Law 2007, chapters 240 and 273, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Section 6 adds the Maine Public Employees Retirement System to the list of agencies 
that the joint standing committee of the Legislature having jurisdiction over labor matters 
shall review in 2013. The Maine Public Employees Retirement System is the successor 
to the Maine State Retirement System. Public Law 2007, chapter 58 changed the name of 
the Maine State Retirement System to the Maine Public Employees Retirement System. 
Section 7 corrects a conflict created by Public Law 2007, chapters 243 and 457, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Section 8 corrects a cross-reference to a section that is reallocated in this bill. 
Section 9 corrects a cross-reference. 
Section 10 corrects a cross-reference In connection with the reallocation of a 
provision of law in this bill. 
Section 11 corrects a clerical error by adding words that were inadvertently omitted. 
Section 12 corrects a cross-reference. 
Sections 13 to 15 correct a numbering problem created by Public Law 2007, chapters 
and 240, which enacted substantively different provisions with the same section 
numbers. 
Section 16 corrects a conflict created by Public Law 2007, chapters 176 and 240, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Section 17 corrects a conflict created by Public Law 2007, chapters 201 and 283, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Section 18 corrects a numbering problem created by Public Law 2007, chapters 168 
and 454, which enacted 2 substantively different provisions with the same section 
number. 
Section 19 corrects a conflict created by Public Law 2007, chapters 231 and 323, 
which affected the same provision of law, by incorporating the changes made by both 
laws, and section 20 provides an effective date of July 1, 2008 for the corrected provision. 
Section 21 corrects a punctuation and grammatical error. 
Section 22 corrects a cross-reference and punctuation. 
Section 23 corrects a cross-reference. 
Section 24 corrects a conflict created by Public Law 2007, chapters 200 and 466, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Section 25 corrects a cross-reference. 
Section 26 corrects a cross-reference. 
Section 27 repeals the Maine Revised Statutes, Title 21-A, section 1018 to reflect the 
intent of Public Law 2007, chapter 443, Part A, section 19. 
Section 28 corrects a cross-reference. 
Section 29 corrects a cross-reference. 
Section 30 corrects a cross-reference. 
Section 31 corrects a conflict created by Public Law 2007, chapters 136 and 240, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Section 32 removes an inaccurate cross-reference. 
Section 33 corrects a numbering problem created by Public Law 2007, chapters 448 
and 452, which enacted 2 substantively different provisions with the same section 
number. 
Section 34 corrects a numbering problem created by Public Law 2007, chapters 448 
and 452, which enacted 2 substantively different provisions with the same section 
number. 
Section 35 corrects a conflict created by Public Law 2003, chapter 414, which made 
technical changes and corrected cross-references in the Maine Revised Statutes, Title 25, 
section 2001 and chapter 452, which repealed Title 25, section 2001. 
This section 
corrects the conflict by repealing Title 25, section 200 I. 
Section 36 corrects a conflict created by Public Law 2007, chapters 357 and 415, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Section 37 corrects a cross-reference. 
Section 38 corrects a numbering problem created by Public Law 2007, chapters 229 
and 456, which enacted 2 substantively different provisions of law with the same section 
number. 
Section 39 corrects a cross-reference. 
Section 40 corrects a cross-reference. 
1 
Section 41 corrects a cross-reference and corrects a grammatical error. 
Section 42 corrects a conflict created by Public Law 2007, chapters 398 and 402, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
I 
Section 43 corrects a conflict created by Public Law 2007, chapters 384 and 402, 
which affected the same provision of law, by incorporating the changes made by both 
laws. It also corrects a clerical error and a grammatical error. 
Section 44 corrects a conflict created by Public Law 2007, chapters 384 and 402, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Sections 45 and 46 correct a formatting error. 
Section 47 corrects a numbering problem created by Public Law 2007, chapters 152 
and 240, which enacted 2 substantively different provisions with the same section 
number. 
II 
Section 48 corrects a clerical error. 
Section 49 corrects a conflict created by Public Law 2007, chapters 425 and 438, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Section 50 corrects a conflict created by Public Law 2007, chapters 435 and 437, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Section 51 corrects a numbering problem created by Public Law 2007, chapters 429 
and 438, which enacted 2 substantively different provisions with the same section 
number. 
Section 52 corrects a conflict created by Public Law 2007, chapters 410 and 444, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Section 53 corrects a conflict created by Public Law 2007, chapters 240 and 437, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Section 54 corrects a conflict created by Public Law 2007, chapters 240 and 427, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Section 55 corrects a cross-reference. 
Section 56 corrects a conflict created by Public Law 2007, chapters 372 and 437, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Section 57 corrects the provision of law that provides for staggered terms for the 
Allagash 
Wilderness Waterway Advisory Council to 
reflect the appointment 
requirements for the council. This section also corrects cross-references to a section 
reallocated in this bill. 
I 
Section 58 removes an ineffective effective date provision since Public Law 2007, 
chapter 273 was not an emergency enactment. 
Section 59 changes an effective date section to clarify which sections of Public Law 
2007, chapter 356 are amended and which one has been repealed and when the changes 
made by the public law take effect. 
Section 60 corrects a cross-reference. 
Section 61 corrects an amending clause. 
Part B corrects cross-references pursuant to Public Law 2007, chapter 273, Part A, 
section 38 and chapter 402, Part 00, section I.