An Act To Correct Errors and Inconsistencies in t~; Laws of Maine II
Maine Legislature, Session 123, LD 2252
Committee Amendment CA_A_H1036 (House)
Amends: 24-A MRSA §2847-M, 24-A MRSA §2847, 24-A MRSA §4253, 24-A MRSA §4255, 1 MRSA §409, 12 MRSA §6071, 12 MRSA §12456, 19-A MRSA §701, 21-A MRSA §196, 22 MRSA §1711-E, 22 MRSA §2685, 22 MRSA §3174-G, 24 MRSA §2317-B, 24-A MRSA §10, 24-A MRSA §2847-N, 24-A MRSA §2847-P, 24-A MRSA §42, 24-A MRSA §4256, 28-A MRSA §1504, 20-A MRSA §1486, 12 MRSA §6701, 12 MRSA §6702, 12 MRSA §6721-A, 12 MRSA §6722, 12 MRSA §6725, 12 MRSA §6726, 12 MRSA §6728-B

COMMITTEE AMENDMENT" L1 " to H.P. 1615, L.D. 2252, Bill, "An Act To 
Correct Errors and Inconsistencies in t~; Laws of Maine" 
II 
Amend the bill in Part A by striking out sections 10, 16, 22 and 28. 
Amend the bill in Part A by striking out all of sections 33 and 34 and inserting the 
following: 
'Sec. A-33. 
24-A MRSA §2847-M, as enacted by PL 2007, c. 452, §3, is 
reallocated to 24-A MRSA §2847-0. 
Sec. A-34. 24-A MRSA §4253, as enacted by PL 2007, c. 452, §4, is reallocated 
to 24-A MRSA §4255.' 
Amend the bill in Part A by striking out all of sections 36, 38, 49, 52,53, 54, 56 and 
59. 
Amend the bill by inserting after Part B the following: 
'PART C 
Sec. C-l. 1 MRSA §409, sub-§2, as enacted by PL 1975, c. 758, is amended to 
read: 
2. 
Actions. If any body or agency approves any ordinances, orders, rules, 
resolutions, regulations, contracts, appointments or other official action in an executive 
session, this action shall be ~ illegal and the officials respoRsibile shall be responsible are 
subject to the penalties hereinafter provided. Upon learning of any such action, any 
person may appeal to any Superior Court in the State. If a court, after a trial de novo, 
determines this action was taken illegally in an executive session, it shall enter an order 
providing for the action to be null and void. Appeals shall be are privileged in respect to 
their assignment for trial over all other actions except writs of habeas corpus or actions 
brought by the State against individuals. 
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Sec. C-2. 12 MRSA §6071, sub-§I, as amended by PL 1999, c. 401, Pt. BB, §3, 
is further amended to read: 
1. 
Live importing for introduction into coastal waters. 
Except for Atlantic 
salmon imported by the Atlantic Salmon Commission under Part ~ 2, it is unlawful to 
import for introduction, possess for purposes of introduction or introduce into coastal 
waters a I ive marine organism without a permit issued by the commissioner pursuant to 
subsection 2. 
Sec. C-3. 12 MRSA §12456, sub-§I, as enacted by PL 2003, c. 414, Pt. A, §2 
and affected by c. 614, §9, is amended to read: 
1. Open seasons. Except as provided in subsection 2 and Part 12 section 6140-A, 
subsection 4 and except as the commissioner may by rule provide, the following are the 
open seasons for fishing in the State. All opening and closing dates are inclusive. 
A. The open season for all fish in waters or portions of waters naturally free of ice in 
lakes and ponds is from April 1 st to September 30th. 
B. The open season for all fish in the rivers above tidewater in waters free of ice is 
from April I st to September 15th. 
C. The open season for all fish in brooks and streams in waters free of ice is from 
Apri I I stto August 15th. 
D. 
The open-water fishing season on boundary waters between Maine and New 
Brunswick is from April 15th to September 30th. 
Sec. C-4. 19-A MRSA §701, sub-§4, as enacted by PL 1995, c. 694, Pt. B, §2 
and affected by Pt. E, §2, is repealed and the following enacted in its place: 
4. Polygamy. A marriage contracted while either party has a living wife or husband 
from whom the party is not divorced is void. 
Sec. C-5. 21-A MRSA §196, sub-§2, as amended by PL 2007, c. 397, §2 and c. 
455, § 1 1, is repealed and the following enacted in its place: 
2. Voter lists or reports identifying voters. A person may purchase a list or report 
of voter information containing some or all of the information from the central voter 
registration system by making a request to the Secretary of State or to a municipal 
registrar if the information requested concerns voters in that municipality. The Secretary 
of State or the municipal registrar shall make available the following information, subject 
to the fees set forth in subsection 4 and the restrictions on use and redistribution of data 
set forth in subsection 7: the voter's name, residence address, mailing address, date of 
birth, enrollment status, electoral district, voter status, the date of registration or the date 
of change of the voter record if applicable, voter participation in previous elections 
including whether the voter cast a challenged or absentee ballot, voter record number and 
any special designations indicating uniformed service voters, overseas voters or township 
voters. In addition, municipal clerks or registrars shall make available upon request the 
list of persons who requested or were furnished absentee ballots created and maintained 
pursuant to section 753-B subject to the fees set forth in subsection 4 for printed lists and 
free of charge for electronic lists. 
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Sec. C-6. 22 MRSA §1711-E, sub-§l, W-2, as enacted by PL 2007, c. 460, §l, 
is amended to read: 
F-2. "Pharmacy" means a mail order prescription pharmacy as defined in Title 32, 
section ~ 
3702-A, subsection -8 11 or a drug outlet pharmacy as defined in 
Title 32, section ~ 
13702-A, subsection W 24. 
Sec. C-7. 22 MRSA §1711-E, sub-§l, ~,as enacted by PL 2005, c. 589, § I, is 
amended to read: 
H. "Prescription drug information" means information concerning prescription drugs 
as defined in Title 32, section rnm, 13702-A, subsection ;M 30 and includes 
prescription drug orders as defined in Title 32, section -8-1Q.2. 13702-A, subsection ~ 
1I. 
Sec. C-8. 22 MRSA §2685, sub-§2, ,n, as enacted by PL 2007, c. 327, § 1, is 
amended to read: 
D. "Dispenser" means a licensed mail order prescription pharmacy as defined in Title 
32, section 13702 13702-A, subsection -8 11; a licensed drug outlet pharmacy as 
defined in Title 32, section rnm, 13702-A, subsection +9 24; and any other person 
or entity licensed to dispense prescription drugs under Title 32, chapter 117. 
Sec. C-9. 22 MRSA §3174-G, sub-§l, ~, as amended by PL 2003, c. 469, Pt. 
A, §5 and c. 673, Pt. Y, § 1 and affected by §3, is repealed and the following enacted in its 
place: 
B. An infant under one year of age when the infant's family income is equal to or 
below 200% of the nonfarm income official poverty line, except that the department 
may adopt a rule that provides that infants in families with income over 185% and 
equal to or below 200% of the nonfarm income official poverty line who meet the 
eligibility requirements of the Cub Care program established under section 3174-T 
are eligible to participate in the Cub Care program instead of Medicaid. Rules 
adopted pursuant to this paragraph are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A; 
Sec. C-IO. 22 MRSA §3174-G, sub-§l,,n, as amended by PL 2003, c. 469, Pt. 
A, §5 and c. 673, Pt. Y, §2 and affected by §3, is repealed and the following enacted in its 
place: 
D. A child one year of age or older and under 19 years of age when the child's family 
income is equal to or below 200% of the nonfarm income official poverty line, except 
that the department may adopt a rule that provides that children described in this 
paragraph in families with income over 150% and equal to or below 200% of the 
nonfarm income official poverty line who meet the eligibility requirements of the 
Cub Care program established under section 3174-T are eligible to participate in the 
Cub Care program instead of Medicaid. Rules adopted pursuant to this paragraph are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A; 
Sec. C-l1. 24 MRS A §2317-B, sub-§12-B, as enacted by PL 2007, c. 452, § 1, is 
amended to read: 
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12-B. Title 24-A, sections 2762,2847-0 and 4255. Coverage for hearing aids, Title 
24-A, sections 2762, 2847 M 2847-0 and 42£ 4255; 
Sec. C-12. 24 MRSA §2317-B, sub-§12-C, as enacted by PL 2007, c. 595, §1 
and affected by §5, is repealed. 
Sec. C-13. 24 MRSA §2317-B, sub-§12-D, is enacted to read: 
12-D. 
Title 24-A, sections 2763, 2847-P and 4256. 
Coverage for medically 
necessary infant formula, Title 24-A, sections 2763, 2847-P and 4256; 
Sec. C-14. 24-A MRSA §10, sub-§6, as amended by PL 2007, c. 539, Pt. N, §55, 
is further amended to read: 
6. 
The government contracting activities of a health care servicing entity, as defined 
in Title 22-A, section 207, subsection + 1, contracting, whether directly or as a 
subcontractor, with the Department of Health and Human Services, unless otherwise 
expressly provided by this Title. This Title may apply to any other insurance or managed 
care activities of a health care servicing entity. 
Sec. C-lS. 24-A MRSA §2847-N, as enacted by PL 2007, c. 595, §3 and affected 
by §5, is reallocated to 24-A MRSA §2847-P. 
Sec. C-16. 24-A MRSA §42S4, as enacted by PL 2007, c. 595, §4 and affected by 
§5, is reallocated to 24-A MRSA §4256. 
Sec. C-17. 26 MRS A §1028, sub-§2, as amended by PL 1993, c. 90, §6, is 
further amended to read: 
2. Review of representation proceedings. Any person aggrieved by any ruling or 
determination of the executive director under sections +004 1024-A and 1025 may 
appeal, within 15 days of the announcement of the ruling or determination, except that in 
the instance of objections to the conduct of an election or challenged ballots the time 
period is 5 working days, to the Maine Labor Relations Board. Upon receipt of such an 
appeal, the board shall within a reasonable time, hold a hearing, having first caused 7 
days' notice, in writing, of the time and place of the hearings to be given to the aggrieved 
party, the labor organizations or bargaining agent and the public employer. The hearings 
and the procedures established in furtherance thereof must be in accordance with section 
968. Decisions of the board made pursuant to this subsection are subject to review by the 
Superior Court under the Maine Rules of Civil Procedure, Rule 80C, in accordance with 
the standards specified in section 972, if the complaint is filed within 15 days of the date 
of issuance of the decision. The complaint must be served upon the board and all parties 
to the board proceeding by certified mail, return receipt requested. 
Sec. C-18. 32 MRS A §12274, sub-§2, as enacted by PL 1987, c. 489, §2, is 
amended to read: 
2. 
Review. The board may review the publicly available professional work of 
licensees on a general and random basis, without any requirement of a formal complaint 
or suspicion of impropriety on the part of any particular licensee. If, as a result of such 
review, the board discovers reasonable grounds for a more specific investigation, the 
board may proceed under subsection I Title 10, section 8003-A, subsection 2. 
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COMMITTEE AMENDMENT "f) "to H.P. 1615, L.D. 2252 
PARTD 
Sec. D-l. 34-B MRS A §1216, sub-§4, as repealed and replaced by PL 2007, c. 
356, §6 and affected by §31, is amended to read: 
4. Repeal. This section is repealed on the later of: 120 days after the establishment 
of the Maine Developmental Services Oversight and Advisory Board. 
A. Forty five days after the United States District Court releases the £tate from all 
obligations under the community consent decree, Consumer Advisory Board et al. v. 
Glover, No. 91 321 P C (D. Me., £eptember 28,1994); and 
B. January 1, 2009. 
Sec. D-2. PL 2007, c. 356, §30, sub-§l is amended to read: 
II 
1. Correspondent program. The Maine Developmental Services Oversight and 
Advisory Board, established in the Maine Revised Statutes, Title 5, section 12004-1, 
subsection 61-A and referred to in this section as "the board," shall work with the 
Department of Health and Human Services to improve and promote the correspondent 
program operated by the Consumer Advisory Board established pursuant to Title 34-B, 
section 1216. No later than January 1, 2009 One hundred and twenty days after the 
establishment, the board shall present a report to the joint standing committee of the 
Legislature having jurisdiction over health and human services matters, together with a 
proposed plan that provides for the independent operation of the correspondent program 
with oversight by the board. After receipt and review of the report, the joint standing 
committee may submit a bill to the 124th Legislature. 
Sec. D-3. 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 £tatutes, Title 34 B, section 1216, subsection 4 on the 
later of January 1, 2009 and 45 days after the United States District Court releases the 
State from all obligations under the community consent decree, Consumer Advisory 
Board et al. v. Glover, No. 91-321-P-C CD. Me., September 28,1994): 
1. Those sections That section of this Act that repeal Title 3, section 959, subsection 
1, 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 I, paragraph F and Title 34-8, section 5605, subsection 13, paragraph B; and 
3. Those sections of this Act that enact Title 5, section 12004-J, subsection 15 and 
Title 34-B, section 1223. 
PARTE 
Sec. E-l. 28-A MRSA §1504, sub-§3-A is enacted to read: 
3-A. Partial-bottle distilled spirits samples. Samples must be decanted from the 
distilled spirits product bottle and provided to licensees licensed for on-premises 
consumption. The agent providing the sample shall maintain a log stating the names of 
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the licensees who sampled the product and the amount sampled. Partial-bottle samples 
must be properly sealed between tastings. 
PARTF 
Sec. F -1. PL 2007, c. 539, Pt. A, §43 is amended to read: 
Sec. A-43. Appropriations and allocations. The following appropriations and 
allocations are made. 
PROFESSIONAL AND FINANCIAL REGULATION, DEPARTMENT OF 
Administrative Services - Professional and Financial Regulation 0094 
Initiative: 
Eliminates the headcount, salary and related costs associated with the 
Commissioner Department of Professional and Financial Regulation position in the 
Administrative Services Division and eliminates one Administrator Offiee of Seeurities 
position in the Offiee of Seeurities. 
OTHER SPECIAL REVENUE FUNDS 
2007-08 
2008-09 
POSITIONS - LEGISLATIVE COUNT 
0.000 
(1.000) 
Personal Services 
$0 
($109,168) 
All Other 
$0 
($892) 
OTHER SPECIAL REVENUE FUNDS TOTAL 
$0 
($110,060) 
Office of Securities 0943 
Initiative: Eliminates the headcount, salary and related costs associated with an Assistant 
Securities Administrator, Public Services Manager II position within the Office of 
Securities. 
OTHER SPECIAL REVENUE FUNDS 
2007-08 
2008-09 
POSITIONS - LEGISLATIVE COUNT 
0.000 
( 1.000) 
Personal Services 
$0 
($100,815) 
All Other 
$0 
($1,992) 
OTHER SPECIAL REVENUE FUNDS TOTAL 
$0 
($102,807) 
PROFESSIONAL AND FINANCIAL 
REGULATION, DEPARTMENT OF 
DEP ARTMENT TOTALS 
2007-08 
2008-09 
OTHER SPECIAL REVENUE FUNDS 
$0 
($212,867) 
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DEP ARTMENT TOTAL - ALL FUNDS 
$0 
($212,867) 
PARTG 
Sec. G-l. 20-A MRSA §1486, sub-§3, W, as enacted by PL 2007, c. 240, Pt. 
XXXX, §13, is amended to read: 
F. If the school budget does not exceed the maximum state and local spending target 
pursuant to section 15671-A, subsection 5, the article to be voted on must be in the 
following form: 
(I) "Do you favor approving the (name of regional school unit) budget for the 
upcoming school year that was adopted at the latest regional (name of school 
II 
unit) budget meeting? 
Yes No" 
Sec. G-2. 20-A MRSA §1486, sub-§3, ~G, as enacted by PL 2007, c. 240, Pt. 
XXXX, § 13, is amended to read: 
G. 
If the school budget exceeds the maximum state and local spending target 
pursuant to section 15671-A, subsection 5, the article to be voted on for a budget that 
includes locally raised funds over and above the regional school unit's local 
contribution to the total cost of funding public education from kindergarten to grade 
as described in the Essential Programs and Services Funding Act must be in the 
following form: 
(I) "Do you favor approving the (name of regional school unit) budget for the 
upcoming school year that was adopted at the latest regional (name of school 
unit} budget meeting and that includes locally raised funds that exceed the 
required local contribution as described in the Essential Programs and Services 
Funding Act? 
Yes No 
A YES vote allows additional funds to be raised for K-12 public education. 
A NO vote means additional funds cannot be raised for K-12 public education." 
PART H 
Sec. H-l. PL 2007, c. 539, Pt. F, §2 is repealed and the following enacted in its 
place: 
Sec. F-2. 
Commissioner of Health and Human Services; fees. The 
Commissioner of Health and Human Services shall adopt rules to increase the fees 
assessed under the Maine Revised Statutes, Title 22, section 2494 effective July 1, 2008. 
The fees must be calculated to produce revenue for the special revenue account 
established under that section in an amount sufficient to meet the expenditures from the 
account for the licensure and inspection responsibilities under that section of the 
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Department of Health and Human Services, Maine Center for Disease Control and 
Prevention. Rules adopted pursuant to this section are routine technical rules as defined 
in Title 5, chapter 375, subchapter 2-A. 
Sec. H-2. PL 2007, c. S39, Pt. F, §S is amended to read: 
Sec. F-S. 
Resolving overlapping jurisdiction. 
If an establishment has 
operations that may fall under the jurisdiction of both the Department of Health and 
Human Services, Maine Center for Disease Control and Prevention and the Department 
of Agriculture, Food and Rural Resources, Division of Quality Assurance and Regulation, 
the Department of Agriculture, Food and Rural Resources has jurisdiction over all 
operations of the establishment unless sales of food for consumption on the premises or 
ready-to-eat for off-premises consumption, measured by annual dollar receipts, exceeds 
50% of total annual food-related dollar receipts, in which case the Maine Center for 
Disease Control and Prevention has jurisdiction over the establishment. The field staff of 
the respective departments shall meet on a regular basis to resolve jurisdictional questions 
and issues. 
PART I 
Sec. 1-1. 
MRSA §6701, sub-§7, as enacted by PL 2007, c. 557, §l, IS 
repealed. 
Sec. 1-2. 
MRSA §6702, sub-§7, as enacted by PL 2007, c. 557, §2, IS 
repealed. 
Sec. 1-3. 
MRS A §6703, sub-§6, as enacted by PL 2007, c. 557, §3, IS 
repealed. 
Sec. 1-4. 12 MRSA §6721-A, sub-§S, as amended by PL 2007, c. 607, Pt. A, §6 
and Pt. B, §4, is repealed and the following enacted in its place: 
5. Violation. Notwithstanding section 6174, subsection 3, a person who violates this 
section commits a civil violation for which the following penalties apply: 
A. For the first offense, a mandatory fine of $500 is imposed and all scallops on 
board may be seized; 
B. For the 2nd offense, a mandatory fine of $750 is imposed and all scallops on 
board may be seized; and 
C. For the 3rd and subsequent offenses, a mandatory fine of $750 is imposed and all 
scallops on board may be seized. This penalty is imposed in addition to the penalty 
imposed under section 6728-B. 
Sec. I-S. 12 MRSA §6721-A, sub-§6, as amended by PL 2007, c. 557, §4, is 
repealed. 
Sec. 1-6. 12 MRSA §6722, as repealed and replaced by PL 2007, c. 557, §5 and c. 
607, Pt. B, §5, is repealed and the following enacted in its place: 
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§6722. Scallop season 
1. Scallop fishing season. Unless modified by rules adopted under section 6171-A, 
a person may not fish for or take scallops in the territorial waters from April 16th to 
November 30th, both days inclusive. 
2. Violations. Notwithstanding section 6174, subsection 3, a person who violates 
this section commits a civil violation for which the following penalties apply: 
A. 
For the first offense, a mandatory fine of $500 is imposed and all scallops on 
board may be seized; 
B. 
For the 2nd offense, a mandatory fine of $750 is imposed and all scallops on 
board may be seized; and 
C. For the 3rd and subsequent offenses, a mandatory fine of $750 is imposed and all 
scallops on board may be seized. The penalty imposed pursuant to this paragraph is 
in addition to the penalty imposed under section 6728-B. 
Sec. 1-7. 12 MRSA §6725, as repealed and replaced by PL 2007, c. 557, §6 and c. 
607, Pt. B, § 7, is repealed and the following enacted in its place: 
§6725. Possession of illegal scallops 
1. Prohibition. A person may not possess, ship, transport, buy or sell scallops taken 
in violation of this subchapter. 
2. Violations. Notwithstanding section 6 I 74, subsection 3, a person who violates 
this section commits a civil violation for which the following penalties apply: 
A. 
For the first offense, a mandatory fine of $500 is imposed and all scallops on 
board may be seized; 
B. 
For the 2nd offense, a mandatory fine of $750 is imposed and all scallops on 
board may be seized; and 
C. For the 3rd and subsequent offenses, a mandatory fine of $750 is imposed and all 
scallops on board may be seized. The penalty imposed pursuant to this paragraph is in 
addition to the penalty imposed under section 6728-B. 
Sec. 1-8. 12 MRSA §6726, sub-§4, as enacted by PL 2007, c. 557, §7, is 
amended to read: 
4. Violations. Notwithstanding section 6 I 74, subsection 3, a person who violates 
this section in CobsGook Bay commits a civil violation for which the following penalties 
apply: 
A. 
For the first offense, a mandatory fine of $500 is imposed and all scallops on 
board may be seized; 
B. 
For the 2nd offense, a mandatory fine of $750 is imposed and all scallops on 
board may be seized; and 
C. For the 3rd and subsequent offenses, a mandatory fine of $750 is imposed and all 
scallops on board may be seized. The penalty imposed pursuant to this paragraph is in 
addition to the penalty imposed under section 6728-B. 
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Sec. 1-9. 12 MRSA §6728-B, as enacted by PL 2007, c. 557, §10 and c. 607, Pt. 
B, §8, is repealed and the following enacted in its place: 
§6728-B. Habitual violations 
The commissioner shall suspend the handfishing scallop license or other license 
issued under this Part authorizing the taking of scallops of any license holder adjudicated 
or convicted in court of a 3rd or subsequent violation of this subchapter. The suspension 
must be for at least one year from the date of conviction and may be for up to 3 years.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment deletes several sections from Part A of the bill because the 
corrections are made in other bills or to avoid further conflicts. 
This amendment updates a cross-reference in Part A in the Maine Revised Statutes, 
Title 17-A, section 16. 
This amendment adds Parts C, D, E, F, G, H and I. 
Part C consists of technical amendments. 
1. Section 1 corrects a spelling error and grammar in the freedom of access laws. 
2. 
Sections 2 and 3 correct cross-references relating to the Atlantic Salmon 
Commission. 
3. Section 4 clarifies the laws prohibiting polygamy. 
4. Section 5 corrects a conflict in the laws concerning voting lists created by Public 
Law 2007, chapters 397 and 455, which affected the same provision of law, by 
incorporating the changes made by both laws. 
5. Sections 6 to 8 correct cross-references to definitions in the pharmacy laws. 
6. Sections 9 and 10 correct a conflict concerning benefit eligibility created by Public 
Law 2003, chapters 469 and 673, which affected the same provisions of law, by 
incorporati ng the changes made by both laws. 
7. 
Section 14 corrects a cross-reference to the definition of "health care servicing 
entity" within the Maine Insurance Code. 
8. Sections 11, 12, 13, 15 and 16 correct conflicts created by the enactment of new 
mandated benefits concerning hearing aids, colorectal cancer screening and medically 
required infant formula. 
9. Section 17 corrects a cross-reference in the University of Maine System Labor 
Relations Act. 
J O. 
Section J 8 updates a reference to the investigative authority of the Board of 
Accountancy, as the authority was reallocated by Public Law 2007, chapter 402, Part Z, 
section 21 to Title 10. 
Page lO-123LR3429(02)-1 
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Part D addresses timing issues concerning the repeal of the Consumer Advisory 
Board and the Maine Advisory Committee on Mental Retardation and the effective date 
of the new Maine Developmental Services Oversight and Advisory Board. 
Public Law 2007, chapter 356 was enacted to set up procedures and standards to 
come into effect when the State is released by the U.S. District Court from the 
community consent decree. 
These procedures include the repeal of the Consumer 
Advisory Board and the establishment of the Maine Developmental Services Oversight 
and Advisory Board, or "MDSOAC." 
1. The Maine Revised Statutes, Title 34-B, section 1216, subsection 4, which was 
enacted in Public Law 2007, chapter 356, repeals the Consumer Advisory Board 45 days 
after the Court releases the State or January 1, 2009, whichever is later. Part D changes 
the repeal date to 120 days after the MDSOAC is established. 
2. 
Public Law 2007, chapter 356, section 31 provides an effective date for the 
sections that repeal the Maine Advisory Committee on Mental Retardation, establish the 
MDSOAC, and correct cross-references to the Maine Advisory Committee on Mental 
Retardation and MDSOAC in Title 34-B, section 5605, subsection 13, paragraph B. The 
effective date in the law is the date of the repeal of the Consumer Advisory Board. Part 
D severs the connection to the repeal of the Consumer Advisory Board. It sets a new date 
of 45 days after the Court releases the State or January 1,2009, whichever is later. 
3. Public Law 2007, chapter 356, section 31, subsection 1, entitled "Effective dates," 
provides an effective date for "those sections of this Act that repeal Title 3, section 959, 
subsection 1, paragraph F and ..... " This is a reference in the Government Evaluation Act 
to review by the Health and Human Services Committee of the Maine Advisory 
Committee on Mental Retardation, which is repealed in section 4 of chapter 356. 
However, section 959, subsection 1, paragraph F was amended, not repealed. 
Part D 
corrects the language, and groups together the amended sections in listing the effective 
dates. 
4. Public Law 2007, chapter 356, section 30 requires a report from MDSOAC to the 
Joint Standing Committee on Health and Human Services on the correspondent program 
by January 1,2009. Part D changes the report date to 120 days after the establishment of 
the MDSOAC. 
Part E amends Title 28-A, section 1504 to include a new subsection 3-A concerning 
partial-bottle distilled spirits samples, consistent with the law governing sampling for 
those licensed as small breweries, farm wineries or wholesalers. 
Part F corrects three positions changes that were incorrectly identified in Public Law 
2007, chapter 539 related to the Department of Health and Human Services and the 
Department of Inland Fisheries and Wildlife. 
It also corrects an erroneous cross-
reference made in an initiative involving the Department of Professional and Financial 
Regulation to another initiative within the same department. 
Part G amends the ballot language for school unit budgets to clarify that the same 
wording can be used for all budget votes, including elections involving school units that 
consist of a municipality. 
COMMITTEE AMENDMENT 
I 
II 
COMMITTEE AMENDMENT "A "to H.P. 1615, L.D. 2252 
Part H repeals and replaces Public Law 2007, chapter 539, Part F, section 2 to 
authorize the Commissioner of Health and Human Services to adopt rules to increase fees 
assessed under Title 22, section 2494 applying to eating establishments, eating and 
lodging places, lodging places, recreational camps or camping areas. Part H also amends 
Public Law 2007, chapter 539, Part F, section 5 concerning the formula related to the 
jurisdiction of the Department of Health and Human Services and the Department of 
Agriculture, Food and Rural Resources to provide that the Department of Agriculture has 
jurisdiction over operations of establishments unless sales of food for consumption on the 
premises or ready-to-eat for off-premises consumption, measured by annual dollar 
receipts, exceeds 50% ofthe total annual food-related dollar receipts. 
Part I makes changes to resolve conflicts in the law regarding the penalties for scallop 
fishing violations created by Public Law 2007, chapters 557 and 607. Public Law 2007, 
chapter 557 increased penalties for violations of scalloping fishing laws in Cobscook Bay 
and Public Law 2007, chapter 607 made those same penalties apply to scallop fishing 
violations on a statewide basis. This amendment resolves the conflicts by making the 
penalties apply statewide including Cobs cook Bay. 
FISCAL NOTE REQURED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 04116/08 
??/LZC-
LD 2252 
LR 3429(02) 
An Act To Correct Errors and Inconsistencies in the Laws of Maine 
Fiscal Note for Bill as Amended by Committee Amendment 'fJ " 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
No net cost impact 
Minor revenue increase - Other Special Revenue Funds 
This legislation wi II have no effect on either total positions or any costs or savings. Part H may result in an increase in 
Other Special Revenue Fund revenue in the Department of Health and Human Services. 
LR3429(02) - Fiscal Note - Page I of 1