An Act To Correct Errors and Inconsistencies in the Laws of Maine
Maine Legislature, Session 124, LD 1805
Committee Amendment CA_A_H832 (House)
Amends: 7 MRSA §2902-B, 14 MRSA §6030-C, 14 MRSA §8109, 22 MRSA §2383, 24 MRSA §2961, 36 MRSA §3203-C, 36 MRSA §3321, 12 MRSA §6536, 17 MRSA §1834, 29-A MRSA §2083, 22 MRSA §1066

COMMITTEE AMENDMENT "/1,, to H.P. 1292, L.D. 1805, Bill, "An Act To 
Correct Errors and Inconsistencies in the Laws of Maine" 
Amend the bill by inserting before section 1 the following: 
'PART A' 
Amend the bill by striking out all of sections 13, 18 to 20, 23, 26, 38, 44, 45, 52, 53, 
to 68, 72 and 76. 
Amend the bill by inserting at the end before the emergency clause the following: 
'PARTB 
Sec. B-1. 7 MRSA §2902-B, sub-§2, as amended by PL 2005, c. 270, §3, is 
further amended to read: 
2. Sale of unpasteurized milk or milk product at eating establishment. Except as 
provided in subsection -4- 2, a person may not sell unpasteurized milk or a product made 
from unpasteurized milk at an eating establishment as defined in Title 22, section 2491, 
subsection 7. 
Sec. B-2. 14 MRSA §6030-C, sub-§I, as amended by PL 2009, c. 566, § 18, is 
further amended to read: 
1. Energy efficiency disclosure. A landlord or other person who on behalf of a 
landlord enters into a lease or tenancy at will agreement for residential property that will 
be used by a tenant or lessee as a primary residence shall provide to potential tenants or 
lessees a residential energy efficiency disclosure statement in accordance with Title 35-A, 
section ~ 
10117, subsection I that includes, but is not limited to, information about 
the energy efficiency of the property. 
Sec. B-3. Effective date. That section of this Part that amends the Maine Revised 
Statutes, Title 14, section 6030-C, subsection I takes effectJuly 1, 20 I O. 
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Sec. B-4. 14 MRSA §8109, sub-§I, as amended by PL 1991, c. 780, Pt. Y, §114, 
is further amended to read: 
1. Procedures for State. The State has authority to settle claims filed against it 
pursuant to seotieR 8104 sections 8104-A, 8104-B, 8104-C and 8104-D in accordance 
with the following procedures. 
A. Any agency may settle any claim for an amount of $1,500 or less when such 
settlement is approved by the appropriate department or agency head in accordance 
with rules adopted by the Commissioner of Administrative and Financial Services. 
B. Any other claim may be settled when such settlement is approved by the head of 
the department or agency against which the claim is filed, the Commissioner of 
Administrative and Financial Services and the Attorney General. 
Sec. B-S. 14 MRSA §8109, sub-§2, as amended by PL 1977, c. 78, § 116, is 
further amended to read: 
2. 
Procedures for political subdivisions. Any political subdivision may settle 
claims filed against it pursuant to seotieR 8104 sections 8104-A, 8104-B, 8104-C and 
8104-D in accordance with procedures duly promulgated by its governing body. 
Sec. B-6. 22 MRSA §2383, sub-§l, as amended by IE' 2009, c. 1, §3 and PL 
2009, c. 67, §3, is repealed and the following enacted in its place: 
1. Marijuana. Except as provided in chapter 558-C, a person may not possess 
marijuana. 
A. A person who possesses a usable amount of marijuana commits a civil violation 
for which a fine of not less than $350 and not more than $600 must be adjudged for 
possession of up to 1 114 ounces of marijuana and a fine of not less than $700 and not 
more than $1,000 must be adjudged for possession of over 1 114 ounces to 2 112 
ounces of marijuana, none of which may be suspended. 
Sec. B-7. 24 MRSA §2961, sub-§3, ~A, as enacted by PL 1987, c. 646, §§6 and 
14, is amended to read: 
A. 
The court, considering the factors established in Maine Bar Rule 3 Rules of 
Professional Conduct, Rule 1.5 as guides in determining the reasonableness of a fee, 
finds that the fees permitted by subsection 1 are inadequate to compensate the 
attorney reasonably for the attorney's services; and 
Sec. B-8. 36 MRSA §3203-C, as amended by PL 2009, c. 496, §20, is further 
amended to read: 
§3203-C. Inventory tax 
On the date that any increase in the rate of tax imposed under this chapter takes 
effect, an inventory tax is imposed upon all distillates that are held in inventory by a 
supplier, wholesaler or retail dealer as of the end of the day prior to that date on which the 
tax imposed by section 3203, seotien subsection 1-B has been paid. The inventory tax is 
computed by multiplying the number of gallons of tax-paid fuel held in inventory by the 
difference between the tax rate already paid and the new tax rate. Suppliers, wholesalers 
and retail dealers that hold such tax-paid inventory shall make payment of the inventory 
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tax on or before the 15th day of the next calendar month, accompanied by a form 
prescribed and furnished by the State Tax Assessor. In the event of a decrease in the tax 
rate, the supplier, wholesaler or retail dealer is entitled to a refund or credit, which must 
be claimed on a form designed and furnished by the assessor. 
Sec. B-9. Retroactivity. That section of this Part that amends the Maine Revised 
Statutes, Title 36, section 3203-C applies retroactively to July 18, 2008. 
Sec. B-10. 36 MRSA §3321, sub-§l, as amended by PL 2009, c. 413, Pt. W, §4 
and affected by §6 and amended by c. 434, §59, is repealed and the following enacted in 
its place: 
1. Generally. Beginning in 2003, and each calendar year thereafter, the excise tax 
imposed upon internal combustion engine fuel pursuant to section 2903, subsection 1 and 
the excise tax imposed upon distillates pursuant to section 3203, subsections 1 and I-B 
are subject to an annual rate of adjustment pursuant to this section. On or about February 
15th of each year, the State Tax Assessor shall calculate the adjusted rates by multiplying 
the rates in effect on the calculation date by an inflation index computed as provided in 
subsection 2. The adjusted rates must then be rounded to the nearest 1110 of a cent and 
become effective on the first day of July immediately following the calculation. The 
assessor shall publish the annually adjusted fuel tax rates and shall provide all necessary 
forms and reports. 
Sec. B-11. PL 2009, c. 571, Pt. PP, §2 is amended to read: 
Sec. PP-2. PL 2009, c. 414, Pt. D, §6 is amended to read: 
Sec. D-6. Allocations from General Fund bond issue. The proceeds of the 
sale of the bonds authorized under this Part must be expended as designated in the 
following schedule. 
PUBLIC UTILITIES COMMISSION 
Public Utilities Commission 
Provides funds for weatherization and 
energy efficiency programs for low and 
middle income households and small 
businesses. If the energy efficiency 
programs of the commission are transferred 
to another entity established by the 
Legislature, the commission shall transfer 
all unexpended funds to that entity. 
UNIVERSITY OF MAINE SYSTEM 
University of Maine System 
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$12,000,000 
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Provides funds for energy and 
$9,500,000 
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infrastructure upgrades at all campuses of 
the University of Maine System. 
MAINE COMMUNITY COLLEGE 
'SYSTEM 
Maine Community College System 
Provides funds for energy and 
$5,000,000 
II 
infrastructure upgrades at all campuses of 
the Maine Community College System. 
MAINE MARITIME ACADEMY 
Maine Maritime Academy 
Provides funds for energy and 
$1,000,000 
infrastructure upgrades at the Maine 
Maritime Academy. 
DEPARTMENT OF 
A:DMlNiSTR,~TI¥E :p.:Ni) FlNpc..l\t(;iMb 
SERVICES 
UNIVERSITY OF MAINE SYSTEM 
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Maine Marine Wind Energy 
Demonstration Site Fund 
Provides funds for research, development 
$6,000,000 
and product innovation associated with 
developing one or more ocean wind energy 
demonstration sites. 
PART C 
Sec. C-l. 12 MRSA §6536, as amended by PL 2009, c. 213, Pt. G, § 12 and 
repealed by c. 396, §4, is repealed. 
Sec. C-2. 17 MRSA §1834, sub-§3, as enacted by PL 2009, c. 487, Pt. A, §2, is 
amended to read: 
3. Operation of electronic video machines. The fee for a game of chance license to 
operate an electronic video machine in accordance with section 1832, subsection 8 is $15 
) 
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COMMITIEE AMENDMENT .~,. to H.P. 1292, L.D. 1805 
for each week computed on a Monday to Sunday basis or for a portion of a week. The 
fee for a license issued for a calendar month is $60. 
The Chief of the State Police may issue any combination of weekly or monthly licenses 
for the operation of electronic video machines. A license or combination of licenses to 
operate an authorized electronic video machine may not exceed be issued for a period of 
up to 12 months. 
Sec. C-3. 17 MRS A §183S, sub-§I, ~, as enacted by PL 2009, c. 487, Pt. A, 
§2, is amended to read: 
B. Licensed card games that award part or all of the entry fees paid to participate in 
the game as prize money and in wh ich no money or th ing of value is wagered except 
II 
for the entry fee are limited to a $5 daily entry fee and no more than 4G 50 players at 
anyone time at anyone location. 
Sec. C-4. Effective date. 
Those sections of this Part that amend the Maine 
Revised Statutes, Title 17, section 1834, subsection 3 and section 1835, subsection 1, 
paragraph B take effect 90 days after the adjournment of the Second Regular Session of 
the 124th Legislature. 
Sec. C-S. 29-A MRSA §2083, sub-§2, as amended by PL 2009, c. 50, §3 and c. 
55, §4, is repealed and the following enacted in its place: 
2. Compliance. An operator of a motorcycle or a parent or guardian may not allow 
a passenger under the age of 18 years to ride in violation of this section. 
Sec. C-6. PL 2009, c. 344, Pt. D, §IS, sub-§3 is amended to read: 
3. Licenses. 
With the e)weption of tempora!)' licenses for de live!)' and plant 
operators, licenses Licenses issued by the Oil and Solid Fuel Board and the Propane and 
Natural Gas Board remain valid upon the effective date of this Act. 
Applicants for 
tempera!)' delive!)' and plant operator licenses '''''ho apply after the effective date of this 
Act ,viii be required to ebtain a technician license with the appropriate authority. 
Tempora!)' licenses for detive!)' and plant operators issued prior to the effective date of 
this Act remain valid until the mmiration date and rna'.' nnt he reissued. 
Sec. C-7. Retroactivity. That section of this Part that amends Public Law 2009, 
chapter 344, Part D, section 15, subsection 3 applies retroactively to January 1,2010. 
Sec. C-8. PL 2009, c. 496, §30 is amended to read: 
Sec. 30. Contingent retroactive effective date. That section of this Act that 
amends the Maine Revised Statutes, Title 36, section 1752, subsection 14, paragraph B, 
as amended by Public Law 2007, chapter 627, section 43, takes effect applies 
retroactively to August 1, 2008 only if Public Law 2009, chapter 382 is not ratified by a 
majority of the electors voting on that measure pursuant to the Constitution of Maine, 
Article N, Section 17. 
Sec. C-9. PL 2009, c. 496, §31 is amended to read: 
Sec. 31. Contingent retroactive effective date. That section of this Act that 
amends the Maine Revised Statutes, Title 36, section 1752, subsection 14, paragraph B, 
as amended by Public Law 2009, chapter 382, Part B, section 17 and affected by section 
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.. to H.P. 1292, L.D. 1805 
52, takes effect applies retroactively to August 1, 2008 only if Public Law 2009, chapter 
is ratified by a majority of the electors voting on that measure pursuant to the 
Constitution of Maine, Article IV, Section 17. 
PARTD 
Sec. D-1. 30-A MRSA §S2S0-J, sub-§3-A, as enacted by PL 2009, c. 461, §17, 
is further amended to read: 
3-A. Pine Tree Development Zone classification; tier 1 locations. Beginning 
January 1, 2009, the department shaIl classify the following units of local e:overnment on 
an annual basis as tier 1 locations: 
A. From January 1, 2009 to December 31, 2009, all units of local government; flf'I4 
B. Beginning January 1, 2010, a unit of local government that is contained in a 
county other than Cumberland County or York County, as well as a unit of local 
government that is contained in Cumberland County or York County with a 
municipal unemployment rate that is 15% higher than its labor market unemployment 
rate, based upon data published by the Department of Labor from the last completed 
calendar year,.~ 
C. 
A unit of local government that has been designated by the department as a 
participating municipality in the Pine Tree Development Zone program as of 
December 31, 2008; 
D. Property within a military redevelopment zone as long as the property is classified 
by the department no later than December 3 1, 2018; and 
E. 
Washington County and the Downeast region, including 2 pilot projects to be 
established by the commissioner: 
(1) A pilot project for the property of the former Cutler naval computer and 
telecommunications station, which may be excluded from the qualified business 
definitions established under section 5250-1, subsections 16 and 17 if a for-profit 
business is engaged in, or will engage in, tourism development including 
recreational tourism, experiential tourism, hotel development and resort facility 
development; and 
(2) A pilot project that allows seasonal employees in seasonal industries based 
on natural resources to be considered qualified Pine Tree Development Zone 
employees for the purposes of section 5250-1, subsection 18. 
A unit of local government that has been designated by the department as a participating 
municipality in the Pine Tree Development Zone program as of December 31, 2008 will 
be classified as a tier 1 location. 
Property 'iVithin a military redevelopment zone as long as the property is classified by the 
department no later than December 31,2018. 
Sec. D-2. Retroactivity. That section of this Part that amends the Maine Revised 
Statutes, Title 30-A, section 5250-J, subsection 3-A applies retroactively to September 
12,2009. 
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COMMITIEE AMENDMENT"P" Io H.P. 1292, L.D. IS05 
PARTE 
Sec. E-l. 22 MRSA §1066, sub-§2, ~, as enacted by PL 2009, c. 595, §2, is 
amended to read: 
B. "Assessed entity" means a health insurance carrier licensed under Title 24 A or a 
3rd-party administrator registered under Title 24-A. 
Sec. E-2. 22 MRSA §1066, sub-§2, ~, as enacted by PL 2009, c. 595, §2, is 
amended to read: 
E. "Covered life months" means the number of months during a calendar year that a 
person is covered under a health insurance plan provided or administered by a health 
insurance carrier an assessed entity. 
Sec. E-3. Effective date. Those sections of this Part that amend the Maine 
Revised Statutes, Title 22, section 1066, subsection 2, paragraphs Band E take effect 90 
days after the adjournment of the Second Regular Session of the 124th Legislature.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment designates the substance of the bill as Part A and then adds 
additional Parts. 
Part B contains additional technical corrections. Parts C, 0 and E 
contain amendments that are or could be considered to make substantive changes. 
Sections 18 to 20 and 64 to 66 are deleted from the bill and added with changes to 
Part B. 
Section 53 is deleted from the bill and is added with changes in Part C. 
Section 13 is deleted from the bill because the needed correction was made in Public 
Law 2009, chapter 561. 
Section 23 is deleted from the bill because Public Law 2009, chapter 571, Part E 
repeals and replaces Title 20-A, section 15689, subsection 1, paragraph B and resolves 
the conflict. 
Section 26 is deleted from the bill because Public Law 2009, chapter 524, section 8 
repeals and replaces Title 21-A, section 1056-B, first paragraph and resolves the conflict. 
Section 38 is deleted from the bill because Public Law 2009, chapter 546, section 2 
repeals and replaces Title 22, section 7301, subsection 2, paragraph F and resolves the 
conflict. 
Sections 44 and 45 are deleted from the bill because Public Law 2009, chapter 551, 
sections 7 and 8 amend Title 25, section 2468, subsection 2 and subsection 4 respectively, 
and resolve the errors. 
Section 52 is deleted from the bill because Public Law 2009, chapter 510, section 7 
reallocates Title 28-A, section 1207 to section 1208, resolving the conflict. 
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Sections 67 and 68 are deleted from the bill because Public Law 2009, chapter 496, 
sections 21 and 22 repeal and replace Title 36, section 5122, subsection 1, paragraph Z 
and subsection 2, paragraph AA respectively and resolve the conflicts. 
Section 72 is deleted from the bill because Public Law 2009, chapter 496, section 23 
repeals and replaces Title 36, section 5200-A, subsection 2, paragraph R and resolves the 
conflict. 
Section 76 is deleted from the bill because Public Law 2009, chapter 496, section 29 
repeals and replaces Title 36, section 6754, subsection 1, paragraph D and resolves the 
conflict. 
Part B makes the following technical corrections. 
Section 1 corrects an internal cross-reference concerning the sale of unpasteurized 
milk or milk products in the Maine Revised Statutes, Title 7, section 2902-B, subsection 
2. 
Sections 2 and 3 correct a cross-reference in the landlord-tenant laws to the 
Efficiency Maine Trust Act with regard to rental properties. The same provision of law 
was amended by Public Law 2009, chapter 566. This correction amends the law as 
amended by chapter 566 and makes the correction take effect July 1, 2010, the effective 
date of the Efficiency Maine Trust Act. 
Sections 4 and 5 amend Title 14, section 8109, subsections 1 and 2 to correct cross-
references within the Maine Tort Claims Act. 
Section 6 corrects a conflict created by Public Law 2009, chapter 67 and Initiated Bill 
2009, chapter 1, wh ich affected the same provision of law, by incorporating the changes 
made by both laws. Title 22, section 2383 governs the prohibition and penalties for the 
civil violation of possession of marijuana. 
Section 7 replaces an obsolete cross-reference to the Maine Bar Rules in the Maine 
Health Security Act with the appropriate cross-reference to the Maine Rules of 
Professional Conduct. 
Section 64 of the bill proposed to correct a conflict in the law concerning a specific 
inventory tax, but did not include the complete necessary cross-reference. Public Law 
2009, chapter 496 also corrected the conflict, but contains a clerical error. Section 8 
corrects the error in chapter 496. Section 9 makes the correction effective retroactively to 
July 18, 2008. 
Section 66 of the bill corrected a conflict in the law concerning the indexing of motor 
fuel tax rates, but it did not include the complete necessary cross-references. Section 10 
includes the cross-references to the appropriate subsections. 
Section 11 corrects a formatting error in Public Law 2009, chapter 571, Part PP, 
section 2. 
Part PP changes the disbursement of bonds proceeds concerning different 
energy projects, which were approved by Public Law 2009, chapter 414. Committee 
Amendment "A" to L.D. 1671 correctly repealed references to the Department of 
Administrative and Financial Services in Part D, sections 5 and 6 of Public Law 2009, 
chapter 414. Section 6 was also amended to provide that the Maine Marine Wind Energy 
Demonstration Site Fund is under the University of Maine System. 
The chaptered law 
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did not incorporate the formatting used to denote the change from "Department of 
Administrative and Financial Services" to "University of Maine System." 
Part C makes the following changes that are substantive or may be considered 
substantive. 
Section 1 corrects a conflict created when Public Law 2009, chapter 396 repealed 
Title 12, section 6536 and chapter 213 amended section 6536, subsection 4. This section 
corrects the conflict by repealing the section. 
Section 2 amends the license term for a game of chance license to operate an 
electronic video machine from a period not to exceed 6 months to a period of up to 12 
months. 
The 12-month maximum is consistent with the other license terms in the 
recodified chapter of the games of chance laws as enacted by Public Law 2009, chapter 
487. Section 4 makes the correction take effect 90 days after the adjournment of the 
Section 3 amends the games of chance laws concerning the maximum number of 
players in a licensed card game in one location at anyone time to be consistent with the 
changes made in Public Law 2009, chapter 224. Chapter 224 increased the number from 
to 50. Public Law 2009, chapter 487 recodified the games of chance laws in 2010 and 
inadvertently did not incorporate the change made by chapter 224. Section 3 amends the 
recodified law to incorporate the 50-player maximum. Section 4 makes the correction 
take effect 90 days after the adjournment of the Second Regular Session of the 124th 
Legislature. 
Section 5 repeals and replaces current law concerning the use of helmets by 
passengers on motorcycles and autocycles to delete the application of the law to 
passengers of autocycles. Autocycle passengers were not intended to be included in 
Public Law 2009, chapter 55. 
Section 6 corrects an inconsistency between the new language in the statute 
concerning temporary licenses for delivery and plant operators and the unallocated 
transition language as enacted by Public Law 2009, chapter 334. Section 7 makes the 
correction apply retroactively to the effective date of chapter 334, which is January 1, 
2010. 
Sections 8 and 9 correct the contingent effective date sections in Public Law 2009, 
chapter 496. 
In Public Law 2009, chapter 496, sections 30 and 31 provide for a 
contingent effective date, based on a pending people's veto referendum. However, the 
law should have provided for a contingent retroactive effective date since it is correcting 
a definition that is already in effect. The premium imposed on bulk motor vehicle oil 
changed from a per oil change surcharge to a surcharge on bulk motor vehicle oil, 
beginning August I, 2008. If the change is not made, the surcharge is not excluded from 
the definition of "sale price" for the period of time between August I, 2008 and when 
Public Law 2009, chapter 496 takes effect. 
Part D corrects two problems created by Public Law 2009, chapter 461 concerning 
Pine Tree Development Zones. 
Public Law 2009, chapter 461 repealed Title 30-A, section 5250-J, subsection 1. 
Paragraph D of that subsection provided authorization for pilot projects in Washington 
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County and the Downeast region and its repeal was inadvertent. This section includes 
the provisions of former paragraph D as a new paragraph E of subsection 3-A. This is a 
substantive change. 
Public Law 2009, chapter 461 created "tier 1 locations" in Title 30-A, section 5250-J, 
subsection 3-A. There were slight format and wording errors with the descriptions of 
units of local government designated as participating municipalities and the description of 
property within a military redevelopment zone. Section 1 corrects those errors. 
Section 2 makes these changes take effect retroactively to the date that Public Law 
2009, chapter 461 took effect, September 12, 2009. 
Part E corrects definitions in the new law creating the Universal Childhood 
Immunization Program, enacted by Public Law 2009, chapter 595. 
Section 1 amends the definition of "assessed entity" to remove the reference to a 
health insurance carrier as "licensed under Title 24-A." 
In this new section of law, 
"health insurance carrier" is defined more broadly, including health maintenance 
organizations, administrators of prefelTed provider arrangements, fraternal benefit 
societies, nonprofit hospital or medical service corporations, multiple-employer welfare 
arrangements and self-insured employers. This is done, with the agreement of these 
entities, to include the broadest possible grouping of entities providing health coverage. 
Public Law 2009, chapter 595 defines "covered life months" by referencing health 
insurance plans provided by a health insurance carrier. This reference is inconsistent with 
the rest of the Act because it is too narrow. Section 2 revises the definition to include 
health insurance plans "provided or administered by an assessed entity." This is done to 
include alI health insurance carriers and 3rd-party administrators. 
Section 3 provides that alI of Part E takes effect 90 days after the adjournment of the 
chapter 595 takes effect. 
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