An Act To Correct Errors and Inconsistencies in the Laws ·of Maine
Maine Legislature, Session 124, LD 1805
Amends: 5 MRSA §12004-G, 7 MRSA §3909, 10 MRSA §9416, 11 MRSA §7, 12 MRSA §10051, 12 MRSA §10154, 12 MRSA §10206, 12 MRSA §12860, 14 MRSA §6030-C, 17-A MRSA §1175, 21-A MRSA §1011, 21-A MRSA §1014, 21-A MRSA §1056-B, 21-A MRSA §1058, 21-A MRSA §1059, 21-A MRSA §1125, 22 MRSA §1555-C, 22 MRSA §7301, 22 MRSA §7302, 25 MRSA §2354, 25 MRSA §2468, 25 MRSA §2803-B, 26 MRSA §1413-A, 28-A MRSA §2, 28-A MRSA §1206, 28-A MRSA §1207, 29-A MRSA §2083, 32 MRSA §4700-J, 32 MRSA §18107, 35-A MRSA §8704, 36 MRSA §191, 36 MRSA §3203-C, 36 MRSA §3321, 36 MRSA §5122, 36 MRSA §5200-A, 36 MRSA §6754, 38 MRSA §580-B

Legislative Document 
No. 1805 
H.P.1292 
House of Representatives, 
2,2010 
An Act To Correct Errors and Inconsistencies in the Laws ·of Maine 
(EMERGENCY) 
Reported by Representative PRIEST of Brunswick for the Revisor of Statutes pursuant to 
the Maine Revised Statutes, Title 1, section 94. 
Reference to the Coriirnittee on JudiCiary suggested and ordered printed pursuant to Joint 
Rule 218. 
PrinleJ on !,l'cyclcd paper 
~lY/~ 1J1. 77!tl£~{ 
. MILLICENT M. MacFARLAND 
. Clerk 
Emergency preamble. vvhereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emerg~ncies; 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 111 
interpreting legislative intent; and 
. 
Whereas, it is-vitally necessary that these uncertainties and this confusion be 
resolved in order to prevent any injustice oi' 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 pre~ervation of the public peace, health and safety; npw, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRS A §3331, sub-§6, as enacted by PL 1997, c. 519, Pt. A, §3, is 
amended to read: 
6. Lakes Heritage Trust Fund. The Lakes Heritage Trust Fundis el'tablished in the 
Executive Department for the purpose of protecting, preserving and enhancing the quality 
and value of the State's lakes and great ponds. By majority vote of all memb'ers, the 
council may accept monetary contributions to the fund from any public or private source 
and may spend or disburse those funds in a manner consistent with law for the purposes 
stated in this subsection. The council shall include an accounting of all donations to and 
expenditures from the Lakes Heritage Trust Fund in its aHfltI-frI: biennial report to the 
Legislature under subsection 4. 
Sec. 2. 5 MRSA §12004-G, sub-§26-E, as ena.cted by PL 2001, c. 439, Pt. T, §4, 
is repealed. 
Sec. 3. 5 MRS A §12004..,I,sub-§24, as amended by PL 2009, c. 211, Pt. B, §1 
and repealed by c. 369, Pt. A, §?, is repealed. 
Sec. 4. 
MRS A §12004-J, sub-§17, as enacted by PL 2009, c. 174, §3, IS 
amended to read: 
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17. 
Labor: 
Rehabilitation 
Services 
Commission feF-tI:te 
Expenses Only 
Division for the 
Deaf, Hard of 
Hearing and Late 
Deafened 
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MRSA § 141 J-C 
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Sec. 5. 7 MRSA§353, sub-§6, as enacted by PL 2005, c. 559, §2, is amended to 
read: 
6. Biennial report. The board shall submit a report on the sustainable agricultural 
water source program to the joint standing committee of the Legislature having 
jurisdiction over agricultural matters and the joint standing committee of the Legislature 
having jurisdiction over natural resources matters by January 30th of odd-numbered years 
beginning January 30, 2007. The committees of jurisdiction shall review this report 
together ',vith the annual report on all aspects of "vater use for that year required under 
Title 38. section 470 G. 
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Sec. 6. 7 MRSA §3909, sub-§2, as amended by PL 2009, c. 213; Pt. M, §2 and c. 
343, §5, is repealed and the following enacted in its place: 
2. Designated employees of the department. For purposes of prosecution under 
this section, the commissioner may authorize humane agents and a state veterinarian who 
have been certified in accordance with subsection 3-A to issue and serve civil violation 
processes against offenders pursuant to the Maine Rules of Civil Procedure, Rule 80H 
and any other applicable rules of court for violations of this Part. The commissioner may 
authorize certified humane agents or a certified state veterinarian to represent the 
department in District Court in the prosecution of civil violations of these laws. 
A 
certified humane agent or a certified state veterinarian may seek civil penalties as 
provided by law as well as a permanent or temporary injunction. restraining order of 
·other equitable relief as the court finds appropriate. 
Sec. 7. 10 MRSA §9416, sub-§4, as i,lmended by PL 2009, c. 324, Pt. B, §2 and 
affected by §48 and amended by c. 325, Pt. B, §3 and affected by §27, is repealed and the 
following enacted in its place: 
4. Holders. Except' as otherwise agreed, a person having control ofa transferable 
record is the holder, as defined in Title 11,. section 1-1201, subsection (21), of the 
transferable record and' has the same rights and defenses as a holder of an equivalent 
record 01' writing under the Uniform Commercial Code, including, if the applicable 
statutory requirements under Title 11, section 3-1302, subsection (\); Title 11, section 
7-150 I; or Title 11, section 9-308 are satisfied. the rights and defenses of a holder in due 
course, a holder to which a negotiable document of title has been duly negotiated or a 
purchaser. respectively. Delivery, possession and indorsement are not required to obtain 
or exercise any of the rights under this subsection. 
Sec. 8. RetroaCtivity. That section of this Act that repeals and replaces the Maine 
Revised Statutes, Title 10, section 9416, subsection 4 applies retroactively to February 
15,2010. 
Sec. 9. 11 MRS A §4-104, suh-§(3), as amended by PL 2009, c. 324, Pt. B, §23 
and affected by §48 and amended by PL 2009, c. 325, PC B, § 16 and affected by §27, is 
repealed and the following enacted in its place: 
~"Control" as provided in section 7-1106 and the following definitions in other 
AI1icies apply to this Al1icle: 
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"Acceptance. " 
"Alteration." 
"Cashier's check." 
"Certificate of deposit." 
"Certified Check." 
"Check." , 
"Demand draft." 
"Draft." 
"Holder in due course." 
"Instrument. " 
"Notice of dishonor." , 
"Order." 
"Ordinary care." 
"Person entitled to enforce." 
"Presentment. " 
"Promise." 
"Prove." 
"Teller's check." 
"Unauthorized signature." 
Section 3-1409. 
Section 3-1407. 
Section 3-1104. 
Section 3-1104. 
Section 3-1409. 
Section 3-1104. 
Section 3-1104. 
Section 3-1104. 
Section 3-1 102. 
Section 3-1 104. 
Section 3-1503. 
Section 3-1 103. 
Section 3-1 103. 
Section 3-1301. 
. Section 3-1501. 
Section 3-1103. 
. Section 3-1103. 
Section 3-1104. 
Section 3-1403. 
Sec. 10. Retroactivity. That section' of this Act that repeals and replaces the 
Maine Revised Statutes, Title 11, section 4-104, subsection (3) applies retroactively to 
. February 15, 2010. 
' 
. Sec. 11. 11 MRSA §7-102, as repealed by PL 2009, c. 324, Pt. A, § I and affected 
by §4 and amended by c. 325, Pt. B, §23 and affected by §27, is repealed. 
Sec. '12. Retroactivity. That sectiOn of this Act that repeals the Maine Revised 
Statutes, Title 11, section 7-102 applies retroactively toFebruary 15,2010. 
Sec. 13. 12MRS~ §6402, first <iJI, as amended by PL 2009, c. 151, §5 and c. 394, 
§3, is repealed and the following enacted in its place: . 
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The commissioner shall suspend the lobster and crab fishing license of a license 
holder or the nonresident lobster and crab landing permit of a permit holder adjudicated 
in court of violating section 6434. This suspension is for 3 years from the date of 
adjudication. For a 3rd or subsequent adjudication, the commissioner may permanently 
revoke the license holder's license. 
Sec. 14. 12 MRSA §10051, 2nd tljf, as amended by PL 2009, c. 340, § I and c. 
369, Pt. A, §26, is repealed and the following enacted in its place: 
The department consists of. the Commissioner of Inland Fisheries and Wildlife, a 
deputy commissioner, the Division of Licensing, Registration and Engineering, the 
Bureau of Resource Management and the Bureau of Warden Service. The department 
also includes the Advisory Board for the Licensing of Guides and whatever state agencies' 
that are designated. The department is under the control and supervision of the 
commissioner. 
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Sec. 15. 12 MRSA §10154,' as amended by PL 2009, c. 211, Pt. B, §5 and 
repealed by c. 369,Pt. A, §27, is repealed. 
Sec. 16. 12 MRSA §10206, sub-§3, 9lC, as amended by PL 2009, c. 213, Pt. 00, 
§ 1 and c. 340, §8, is repealed and the following enacted in its place: 
' 
C. All revenues collected under the provisions of this Part relating to watercraft, 
including chapter 935, including fines, fees and other available money deposited with 
the Treasurer of State, must be distributed as undedicated revenue to the General 
Fund and the Department of Marine Resources 'according to an allocation rate that 
directly relates to the administrative costs of the Division of Licens'ing, Registration 
and Engineering. Eight dollars of each motorized watercraft registration is dedicated 
to the Department of Inland Fisheries and Wildlife and is not subject to the split with 
another' agency as required under this paragraph. The Legislature shall appropriate to 
the department in each fiscal' year an amount equal to the administrative costs 
incurred by the department in collecting revenue under this subsection. Those costs 
must be verified by the Department of Marine Resources and the Department of 
Administrative and Financial Services. The allocation rate must also allow for any 
necessary year-end reconciliation and accounting distribution. The allocation rate 
must be jointly agreed to by the department and the Department of Marine Resources 
and approved by the Department of Administrative and Financial Services, Bureau of 
the Budget. 
The fees outlined in section 13056, subsection 8, paragraphs A and B for watercraft 
operating on inland waters of the State each include a $10 fee for invasive species 
prevention and control. This fee is disposed of as follows: 
(1) Sixty percent of the fee must.be credited to the Invasive Aquatic Plant and 
Nuisance Species Fund established within the Department of Environmental 
,Protection under Title 38"section 1863; and 
(2) FortY percent of the fee must be credited to the Lake and River Protection 
Fund established withiil the depal1ment under section 10257. 
Sec. 17. 12 MRSA §12860, suh-§5, as amended by PL 2009, c. 211, Pt. B, § 12 
and c. 369, Pt. A, §28, is repealed and the following enacted in its place: 
5. Curriculum. The comlnissioner shall review and adopt a youth camp trip leader 
safety course curriculum that includes, but is not limited to: 
A. Training in first aid; 
B. Training in water safety, including lifesaving techniques as appropriate; and 
C. 
Youth camp trip leader qualifications and required experience for the special 
, waiver procedure in subsection 4. 
The comnlissioner shall publish the curriculuin and a current list of courses, with the 
approved curriculum, by name and address. 
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Sec. 18. 14 MRSA §6030-C, sub-§I, as enacted by PL 2005, c. 534, § 1, IS 
amended to read: 
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1. Energy efficiency disclosure. A landlord or other lessor of residential property 
that will- be used by a tem1nt or lessee as a primary resideilceshall provide to potential 
tenants or lessees a residential energy efficiency disclosure statement iii accordance with 
Title 35-A, section ~ 
10117, subsection 1 that includes, but is not limited to, 
information about the energy efficiency of the property. 
Sec. 19. Effective date. That section of this Act that amends the Maine Revised 
Statutes, Title 14,section 6030-C, subsection 1 takes effect July 1, 2010. 
Se~. 20. 14 MRS A §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 section 8101' sections 8104-A, 8104-B, 8104-C and ·81 04-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. 21. 17-A MRSA §1175, first ~, as amended by PL 2009, c. 268, §8 and c. 
391, § 1, is repealed and the following enacted in its place: 
Upon complyirig with subsection 1, a victim of a crime of murder or of a Class A, 
Class B or Class C crime or of a Class b crime underchapteh 9, 11 and 12 for which the 
defendant is committed to the Department of Corrections or to a county jail or is 
committed to the custody of the Commissioner of Health and Human Services either 
under Title 15, section 103 after having been found not criminally responsible by reason 
of insanity or under Title 15, section 101 ~D after having been found incompetent to stand 
trial must receive notice of the defendant's unconditional release and discharge from 
institutional confinement upon the expiration of the sentence or upon release from 
commitment under Title 15, section 101-D or upon discharge under Title 15, section 
104-A and must receive notice of any conditional release of the defendant from 
. institutional confinement, including probation, supervised release for sex offenders, 
parole, 
furlough, 
work 
release,"" intensive 
superVIsIOn, 
supervised 
community 
confinement, home release monitoring or similar program; administrative release or 
release under Title 15, section 1 04-A. 
Sec. 22. 18-AMRSA §5-944, sub-§(b), ~(6), as enacted by PL 2009, c. 292, §2 
and affected by §6, is amended to read: 
> 
(6). Receive the financial proceeds of a claim described in subsection paragraph (4) 
and conserve, invest, disburse or use for a lawful purpose anythirig so received. 
Sec. 23. 20-A MRS A §15689, sub-§I, '1fB, as amended by PL 2009, c. 1, Pt. C, 
§2 and c. 213, Pt. C, §8, is repealed and the following enacted in its place: 
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B. The school administrative unit's special education costs as calculated pursuant to 
section 15681-A, subsection 2 multiplied by the following transition percentages: 
(1) In fiscal year 2005-06, 84%; 
(2) In fiscal year 2006-07, 84%; 
(3) In fiscal year 2007-08, 84%; 
(4) In fiscal year 2008-09, 45%; 
(5) In fiscal year 2009-10, 45%; and 
(6) In fiscal year 20 I 0-11 and succeeding years, 84%. 
Sec. 24. 21-A MRSA §1011, 2nd 'if, as amended by PL 2009, c. 190, Pt. A, §I 
and repealed by c. 366, §I and affected by §12, is repealed. 
II 
Sec. 25. 21-A MRSA §1014, sub-§l, as amended by PL 2009, c. 183, § I and c. 
190, Pt. A, §2, is repealed and the following enacted in its place: 
1. Authorized by candidate. Whenever a personniakes an expenditure to finance a 
communication expressly advocating the election or defeat of a clearly identified 
candidate through broadcasting stations, newspapers, magazines, campaign signs or other 
outdoor advertising facilities, publicly accessible sites on the Internet, 'direct mails or 
other similar types of general' public political advertising' or through flyers, handbills, 
bumper stickers and other non periodical publications, the communication, if authorized 
by a candidate, a candidate's authorized political committee or their agents, must clearly 
and conspicuously state that the commimication has been so authorized and must clearly 
state the name and address of the person who made or financed the expenditure for the 
communication. The following forms of politic~1 communication do not require the 
name and address of the person who made or authorized· the expenditure for the 
communication because the name or address would be so small as to be illegible or 
infeasible: ashtrays, badges and badge holders, balloons, campaign buttons,' clothing, 
coasters, combs, emery boards, envelopes, erasers, glasses, key rings, letter openers, 
matchbooks, nail files, noisemakers, paper and plastic cups, pencils, pens, plastic 
tableware, 12-inch or shOlter rulers, swizzle sticks, tickets to fund-raisers and similar 
items determined by the commission to be too small and unnecessary for the disclosures 
required by this section .. A communication financed by a candidate or the candidate's 
committee is not required to state the address of the candidate or committee that financed 
the communication. A communication in the form of a sign that clearly identifies the 
name of the candidate and is lettered or printed individually by hand is not required to 
include the name and address of the person who made or financed the communication. 
Sec. 26. 21-A MRSA §1056-B, first 'if, as amended by PL 2009, c. 190, Pt. A, 
§20 and c. 366, § 7 and affected by § 12, is repealed and the following enacted in its place: 
Any person not defined as a political action committee who receives contributions or 
makes expenditures, other than by contribution to a political action committee, 
aggregating in excess of $5,000 for the purpose of initiating, promoting, defeating or 
influencing in any way a ballot question must file reports with the commission in 
accordance with this section. 
Within 7 days of receiving contributions or making 
expenditures that exceed $5,000, the person shall register with the commission as a ballot 
question committee. For the purposes of this section, expenditures include paid staff time 
spent for the pUrp'ose of influencing in any way a ballot question. The commission must 
prescribe forms· for the registration, and the forms must include specification of a 
treasurer for the committee, any other principal officers and all individuals who are the 
primary fund-raisers and decision makers for the committee. In the ·case of a municipal 
election, the registration and reports must be filed with the clerk of that municipality. 
Sec.-27. 21-A MRSA §1058, as amended by PL 2009, c. 190, Pt. A, §22 and c. 
366, §8 and affected by § 12, is repealed and the following enacted in its place: 
§1058. Reports; qualifications for filing 
A political action committee that is required to register under section 1053 or I 05~-B 
shall file reports with the commission on forms prescribed by the commission according 
to the schedule in section 1059. 
Sec. 28. 21-A MRSA §1059, first t;f, as amended by PL 2009, c. 190, Pt. A, §23 
and c. 366, §9 and affected by § 12, is repealed and the following enacted in its place: 
Committees required to register under section 1053, 1053-B or 1056-B shall file· an 
initial campaign finance report at the time of registration and thereafter shall file reports 
in compliance with this section. All reports must be filed by 11 :59 p.m. on the filing 
deadline, except that reports submitted to a municipal clerk in a town or city that has 
chosen to be governed by this subchapter must be filed by the close of business on the 
filing deadline. 
Sec. 29. 21,:,A MRS A §1125, sub-§8, as amended by PL 2009, c. 286, §8 and 
repealed by c. 302,. § 16 and affected by §24 and amended by c. 363, §§8 and 9, .is 
repealed. 
Sec. 30. Effective· date. That section of this Act that repeals the Maine Revised 
statutes, Title 21-A:.section 1125, subsection 8 takes effect September 1, 2011. 
Sec. 31. 21-A MRS A §U25, sub-§9, as amended by PL 2009, c. 302, § 18 and 
affected by §24 and amended by c. 363, §10, is repealed and the following enacted in its 
place: 
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. 9. Matching funds. When any report required under' this chapter or chapter 13 
shows that the sum of a candidate's expenditures or obligations, contributions and loans, 
or fund revenues received, whichever is greater, in conjunction with. independent 
expenditures reported under section 10 1.9-B, exceeds the sum of an opposing certified 
candidate's fund revenues, in conjunction with independent expenditures, the commission 
shall issue. immediately to the opposing certified candidate an additional amount 
equivalent to the difference. Matching funds for certified candidates for the Legislature 
are limited to 2 times the amount originally distributed under subsection 8-A. Matching 
funds for certified gubernatorial candidates in a primary election are limited to half the 
amount originally distributed under subsection 8-A. 
Matching funds for certified 
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gubernatorial candidates in a general election are limited to the amount originally 
distributed under subsection 8-A. 
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Sec. 32. Effective date. That section of this Act that repeals and replaces the 
Maine Revised Statutes, Title 21-A, section 1125, subsection 9 takes effect September 1, 
2011. 
Sec. 33. 21-A MRSA §1125, sub-§10, as amended by PL 2009, c. 302, § 19 and 
affected by §24 and amended by c. 363, § 11, is repealed and the following enacted in its 
place: 
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10. Candidate not enrolled in a party; An unenrolled candidate for the Legislature 
who submits the required number of qualifying contributions and other required 
documents under subsection 4 by 5:00 p.m. on April 15th preceding the primary election 
and who is certified is eligible for revenues from the fund in the same amounts and at the 
same time as an uncontested primary election candidate and a general election candidate 
as specified in subsections 7 and.8-A. 
Otherwise, an unenrolled candidate for the 
Legislature must submit the required number of qualifying contributions and the other 
required documents under subsection 4 by 5:00 p.m. on June 2nd preceding the general 
election. If certified, the candidate is eligible for revenues from the fund in the same 
amounts as a general election candidate, as specified in subsection 8-A. Revenues for the 
general election must be distributed to the candidate no later than 3 days after 
certificatiori. An unenrolled candidate for Governor who submits the required number of 
qualifying contributions and other required documents under subsections 2-8 and 4, by 
5:00 p.m. on April 1 st preceding the primary election and who is certified is eligible for 
revenues from the fund in the same amounts and at the same time as an uncontested 
primary election gubernatorial candidate and a general election gubernatorial candidate as 
specified in subsections 7 and 8-A. Revenues for the general election must be distributed 
to the candidate for Governor no later than 3 days after the primary election results are 
certified. 
Sec. 34. Effective date. That section of this Act that repeals and replaces the 
Maine Revised Statutes, Title 21-A, section 1125, subsection 10 takes effect September 1, 
2011. 
Sec. 35. 22 MRS A §329, sub-§6, as repealed and replaced by PL 2009, c. 429, § 1 
and c. 430, § 1, is repealed and the following enacted in its place: 
6. Nursing facilities. The obligation by a nursing facility, when related to nursing 
services provided by the nursing facility, of any capital expenditures of $510,000 or more 
and, beginning January I, 2010, the obligation by a nursing facility, when related to 
nursing services provided by the nursing' facility, of any capital expenditures of 
$1,000,000 or more. 
A certificate of need is not required for the following: 
A. A nursing facility converting beds used for the provision of nursing services to 
beds to be used for the provision of residential care· services. If such a coilVersion 
occurs, MaineCare and other public funds may not be obligated for payment of 
Ppge 8 - 124LR2050(01)-1 
services provided in the converted beds unless approved by the department pursuant 
to the provisions of sections 333-A and 334-A; 
B. Capital expenditures in the case of a natural disaster, major accident or equipment 
failure; 
C.· Replacement equipment, other than major medical equipment as defined 111 
section 328, subsection 16; 
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D. Information systems, communication systems, parking lots and garages; and 
E. Certain energy-efficient improvements, as described in section 334-A, subsection 
4. 
Sec. 36. 22 MRSA §1555-C, sub-§2, ~, as enacted by PL 2003, c. 444, §2, is 
amended to read: 
E. A person who violates this subsection after having been previously adjudicated as 
violating this subsection or subsection 1~ or 4 commits a civil violation for which a 
fine of not less than $1,000 and not mo!e than $5,000 may be adjudged. 
Sec. 37. 22 MRS A §5107-J, as amended by PL 2009, c. 299, Pt. A, §4 and 
repealed by c. 369, Pt. A, §32, is repealed. 
Sec. 38. 22 MRSA §7301, sub-§2, GffF, as enacted by PL 2009, c. 279, §2 and c. 
420, § 1, is repealed and the following enacted in its place: 
F. To establish the most efficient, innovative and cost-effective system for delivering 
a broad array of long-tenn care services. 
. 
Sec. 39. 22 MRSA §7302, sub-§5, as amended by PL 2009, c. 279, §3 and c. 
420, §2, is repealed and the following enacted in its place: 
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5. In-home and community support ·services. "In-home and community support 
services" means health and social services and other assistance required to enable adults 
with long-term care needs to remain in their places of residence. These services include, 
but are not limited to, sel(directed care services; medical and diagnostic services; 
professional nursing; physical; occupational and speech therapy; dietary and nutrition 
services; home health aide services; personal care assistance services; companion alid 
attendant services; handyman, chore and homemaker services; respite care; hospice care; 
counseling services; transportation; small rent subsidies; various devices that lessen the 
effects of disabilities; and other appropriate and necessary social services. 
Sec. 40. 24-AMRSA §4303, sulb-§l, as amended by PL 2009, c. 357, § 1, IS 
further amended to read: 
1. 
Demonstration of adequate access to providers. 
Except as provided in 
paragraphs A; Band C, a carrier offering or renewing a managed care plan shall provide 
to its members reasonable access to health care services in accordance with standards 
developed by ruleby the superintendent. These standards must consider the geographical 
and transportational problems in rural areas. All managed care plans covering residents 
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of this State must provide reasonable access to providers consistent with the access-to-
services requirements of any applicable bureau rule. 
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B. 
Upon approval of the superintendent, a carrier may offer a health plan that 
includes financial provisions designed to encourage members t6 use designated-
providers in a network if: 
(I) The entire network meets overalJ access standards pursuant to Bureau of 
Insurance Rule Chapter 850; 
(2) The health plan is consistent with product design gllidelines for Bureau of 
Insurimce Rule Chapter 750, but only if the health plan is offen~d by a health 
maintenance organization; 
(3) The health plan does not include financial provisions designed to encourage 
members to use designated providers of primary, preventive, maternity, 
obstetrical, ancillary or emergency care services, as defined in Bureau of 
Insurance Rule Chapter 850; 
(4) The financial provisions may apply to all of the enrollees covered under the 
carrier's health plan; 
(5) 
The carrier establishes to the satisfaction of the superintendent that the 
financial provisions permit the provision of better quality services and the quality 
improvements either significantly outweigh any detrimental impact to covered 
persons forced to travel longer distances to access services, .or the carrier has 
taken steps to effectively mitigate any detrimental impact associated with 
j'equiring covered persons to travel longer distances to access services. The 
superintendent may consult with other state entities, including the Department of 
Health and Human Services, Bureau of Health and the Maine Quality Forum 
established in section 6951, to determine whether the carrier has met the 
requirements of this subparagraph. The superintendent shall adopt rules regarding 
the criteria used by the superintendent to determine whether the carrier meets the 
quality requirements of this subparagraph; and 
(6) The financial provisions may not permit travel at a distance that exceeds the 
standards established in Bureau of Insurance Rule Chapter 850 for mileage and 
travel time by 100%. 
C. 
A carrier may develop and file with the superintendent for approval a pilot 
program that allows carriers to reward providers for quality and efficiency through 
tiered benefit networks and providing incentives to members. The upper tier, or the 
upper tiers if there are 3 or more tiers, under a pilot program approved pursuant to 
this paragraph is exempt from geographic access requirements set forth in this 
subsection or in rules adopted by the superintendent: Any carrier offering a health 
plan under the pilot program must collect data on the impact of the pilot program on 
premiums paid by enrollees, payments made to providers, quality of care received 
and access to health care services by individuals enrolled in health plans under the 
pilot program and must. submit that data annually to the superintendent. The 
superintendent shall repOlt annually beginning January f5, 20 I 0 to the joint standing 
co'mmittee of the Legislature havingjurisdictio'n over insurance and financial services 
matters on any approval of a pilot program pursuant to this paragraph. 
The basis for tiering benefits under a pilot program must be to provide incentives for 
higher-quality care, improved patient safety or improved efficiency or a combination 
of those factors. The superintendent shall consult with the Maine Quality Forum 
under section 6951 in assessing quality. 
The superintendent shall disapprove or 
withdraw approval of a pilot program if the superintendent finds that approval or 
continued operation would cause undue hardship to enrollees in the pilot program or 
reduce their quality of care. 
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The superintendent shall consider the experience of approved pilot programs, 
including consumer complaints and examinations, provider behavior and efficiency, 
lOin 
determining whether or not to reapprove subsequent pilot program applications. 
Sec. 41. 24-A MRS A §4603, sub:-§3, ~,as amended by PL 2009, c. 77, § 1 and 
C. 118,§2 and affected by §5, is repealed and the following enacted in its place: 
. 
B. With respect to one life, regardless of the number of policies or contracts: 
(1) Three hundred thousand dollars in life insurance death benefits, but not more 
than $100,000 in net cash surrender and net cash withdrawal values for life 
insurance; 
(2) The following limits for health insurance benefits: 
(a) Three hundred thousand dollars for coverages not defined as disability 
insurance or basic hospital, medical and surgical insurance or major medical 
insurance, including any net cash surrender and net cash withdrawal values; 
(b) 
Three hundred thousand dollars for disability and long-term care 
insurance; or 
(c) Five hundred thousand dollars for basic hospital, medical and surgical 
insurance or major medical insurance; or 
(3) Two hundred fifty thousand dollars in the p~esent value of annuity benefits, 
including net cash surrender and net cash withdrawal values; 
Sec. 42: 24-A MRS A §4603, sub-§3, ene, as amended by PL 2009, c. 77, §2 and 
c. 118, §3 and affected by §5, is repealed and the following enacted in its place: 
. 
. 
. C. With respect to each payee of a structured settlem·ent annuity, or beneficiary or 
beneficiaries of the payee if deceased, $250,000 in present value annuity benefits, in 
the aggregate, including net cash surrender and net cash withdrawal values; and 
Sec. 43. 25 MRSA §2354, as amended by PL 2009, c. 261, Pt. B, §5 and c. 344, 
Pt. 0, § 1 and affecfed by Pt. E, §2, is repealed and the following enacted in its place: 
§2354. Inspection of buildings being repaired 
Subject to Title 32, chapter 139, the building official shall inspect all buildings while 
they are in process of being repaired and see that all reasonable safeguards are used 
against the catching and spreading of fire and that the chimneys and flues are made safe. 
The building official may give directions in writing to the owner as necessary concerning 
·39 
such repairs to render the building safe from the catching and spreading of fire. 
Page II - 124LR20S0(Ol)-1 
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Sec. 44. 25 MRS A §2468, sub-§2, as enacted by PL 2009, c. 162,§5, is amended 
to read: 
2. Carbon monoxide detectors required. The owner shall install, or caus~ to be 
installed, by the mai1Ufacturer's requirements at least one approved carbon monoxide 
detector in each area within, or giving access to, bedrooms in: 
A. Each apartment in any building of multifamily occupancy; 
B. Any addition to or restoration of an existing single-family dwelling that adds at 
least one bedroom tothe dwelling unit; and 
C. Any conversion of a building to a single-family dwelling. 
A carbon monoxide detector must be powered betft by the electrical' service in the 
building or dwelling. 
Sec. 45. 25 MRSA §2468, sub-§4, as enacted by PL 2009, c. 162, §5, is amended 
to read: 
4. New construction. A person who constructs a single-family dwelling shall install 
at least one carbon monoxide detector in each area within, or giving access to, any 
bedroom in the dwelling. The carbon monoxide detector ml.lst be powered betft by the 
electrical service in the dwelling .. 
Sec. 46. 25 MRSA §2803-B, sub-§2, as amended by PL 2009, c. 336, § 18 and c. 
451, §4, is repealed and thefollowing enacted in its place: 
2. Minimum policy standards. The board shall establish minimum standards for 
each law enforcement policy no later than June 1, 1995, except that policies for expanded 
requirements for domestic violence under subsection 1, paragraph D, subparagraphs (1) 
to (3) must be established no later than January 1, 2003; policies for death investigations 
under subsection 1, paragraph I must be established no later than January I, 2004; 
policies for public notification regarding persons in the community required to register 
under Title 34-A, chapter 15 under subsection 1, paragraph J must be established no later 
than January I, 2006; policies for the recording and preservation of interviews of suspects 
in serious crimes under subsection 1, paragraph K' must be established no later than 
JanuaIY I, 2005; policies· for the expanded use of physical force, including the use of 
electronic weapons and less-than-Iethal munitions under subsection 1, paragraph A, must 
be established no later than January 1, 2010; and policies for mental illness and the 
process for involuntary commitment under subsection I, paragraph L must be established 
no later than January 1, 2010. 
Sec. 47. 25 MRS A §2803-B, sub-§3, as amended by PL 2009, c. 336, § 18 and c. 
451, §5, is repealed and the following enacted in its place: 
3. Agency compliance. The chief administrative officer of each law enforcement 
agency shall celiify to the board no later than January 1, 1996 that the agency has adopted 
written policies consistent with the minimum standards established by the .board pursuant 
to subsection· 2, except that celiification to the board for expanded policies for domestic 
violence under subsection 1, paragraph D, subparagraphs (I) to (3) must be made to the 
board no later than June 1, 2003; certification to the board for adoption of a death 
. investigation policy' under subsection 1, paragraph I must be made to the board no later 
than June 1, 2004; certification to the board for adoption of a public notification policy 
under subsection 1, paragraph J must be made to the board no later thaIi June 1, 2006; 
certification to the board for adoption of a: policy for the recording and preservation of . 
interviews of suspects in. serious crimes under subsection 1, paragraph K must be made to 
the board no later than June 1, 2005; certification to the board for adoption of an 
exparided use of physical force policy under subsection 1, paragraph' A must be made to 
the board no later than June 1, 2010; and certification to the board for adoption of a 
policy regarding mental illness. and the process for involuntary' commitment under 
subsection l, paragraph L must be made to the board no later than JI.Ine 1,2010. The 
certification must be accompanied' by copies of the agency policies. 
The chief 
administrative officer of each agency shall certify to the board no later than June 1, 1996 
that the agency has provIded orientation and training for its members with respect to the 
policies, except that certification for orientation and training with respect to expanded . 
. policies for domestic violence under subsection 1, paragraph D, subparagraphs (1) and (3) 
must be made.to the board no later than January 1, 2004; certification for orientation and 
. training with respect to policies regarding death investigations under subsection 1, 
paragraph I must be made to the board no later than January 1, 2005; certification for 
orientation and training with respect to policies regarding public notification lInder 
subsection 1, paragraph J must be made to the board 'no later than January 1, 20'07; 
certification for orientation and training with respect to policies regarding the recording 
and preservation of' interviews of suspects in serious' crimes under subsection 1, 
paragraph K must be made to the board no later than January 1, 2006; certification for 
orientation and training with respect to policies regarding expanded use of physical force 
under subsection 1, paragraph A must be made to the board no later than January 1, 2011 ; 
and certification for orientation and train:ing with respect to policies regarding mental 
illness and the process for involuntary commitment undeT subsection 1, paragraph L must 
be made to the board no later than January 1,2011. 
Sec. 48. 26 MRSA §1413-A, sub-§l .. A, as enacted by PL 2009, c. 174, §6, is 
amended to read: 
l~A. Commission. "Commission" means the Commission·for the Division for the. 
Deaf, Hard of Hearing and Late Deafened. 
Sec. 49. 26 MRS A §1413-C, first ~, as amended, by PL 2009, c. 174, § 17, is 
further amended to .read: 
Within the Department of Labor, Bureau of Rehabilitation Services, Division for the 
Deaf, Hard of Hearing and Late Deafened, the Commission for the Division for the Deaf, 
38· 
Hard of Hearing and Late Deafened as established under Title 5, section 12004-J, 
subsection 17, consists of 24 members and 3 members-at-Iarge appointed by the 
Governor and representing equally consumers, professionals and the public. Members 
are entitled to compensation in accordance with Title 5, chapter 379. 
Sec. 50. 28-A MRSA §2, sub-§12-A, as enacted by PL 1997, c. 767, §1, IS 
amended to read: 
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12-A. Hard cider. "Hard cider" means liquor produced by fermentation of the juice 
of apples, including, but not limited to-,- flavored, sparkling or carbonated cider, that 
contains not less than 112 of 1 % alcohol by volume and not more than 7% alcohol by 
volume .. 
Sec. 51. 28-A MRSA §1206, as amended by PL 2009, c. 438, §4 and c. 459, §3, is 
repealed and the following enacted in its place: 
§1206. Consumption prohibited on off-premises retail premises 
A person may not consume liquor on the premises of an off-premise retaii licensee 
licensed under this chapter except as provided in sections 460, 1205, 1207 and 1208. 
Sec; 52. 28-A MRSA §1207, as enacted by PL 2009, c. 438, §5, is reallocated to 
28-A MRSA § 1208. . 
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Sec. 53. 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 autocycle or a parent or guardian 
may not allow a passenger under the age of 18 years to ride in violation Of this section .. 
Sec. 54. 30-A MRS A §-6006-G, sub-§2, 'lTA, as enacted by PL 2007, c. 470, Pt. 
D, § 1, is amended to read: 
A. Sums that are transferred to the fund from time to time by the Treasurer of State 
pursuant to Title 36, section 2903, subsection.§. Q and Title 36, section 3203, 
subsection 4; 
. 
Sec. 55. 32 MRS A §2402-A, as amended by PL 2009, c. 250, §2 and repealed by 
c. 344, Pt. C, § 1 and affected by Pt. E, §2,.is repealed. 
Sec .. 56 .. 32 MRSA §4700-J, as amended by PL 2009, c. 153, §21, is further 
amended to read: 
§4700-J. Licensure; well drillers and pump installers 
Effective January' 1, 1994, a person may not engage in the business of constructing 
water wells within the State o~ engage in the installation, replacement or repair of a pump 
in a water well unless licensed with the commission. After final adoption of initial rules' 
. pursuant to section 4700-1, subsection 2-A, a person may not engage in the business of. 
constructing geothermal heat exchange wells or engage in the installation, replacement or 
repair of a pump in a geothermal heat exchange well unless lict;lnsed with the 
commission. An applicant for licensure must complete an application form supplied by 
the commission; successfully complete any examjnation required by this chapter and pay 
an annual license fee established by the commission. The person so licensed shall display 
on each side of the drilling rig or the pump installer vehicle a seal issued· by the 
wmmission indicating that person's license number and the current year of licensure. A 
person licensed under chapter 49 as a master. plumber is not required to be licensed with 
the commission to perform the work of a pump installer. 
Sec. 57. 32 MRSA §18107, as enacted by PL 2009, C. 344, Pt. C, §3 and affes;ted . 
by Pt. E, §2, is amended to read: 
§18107. Installations to conform to standards 
Installation of oil, solid fuel, propane and natural gas burning equipment and 
chimneys may not be made in this State unless the installation complies with all the 
standards and rules adopted by the board. These standards and rules may not prohibit the 
continued use of an existing connection of a solid fuel burning appliance to a chimney· 
flue to which another appliance burning oil or solid fuel is connected for any chimney 
existing and in use prior to February 2, 1998 as long as sufficient draft is available for 
each appliance, the chimney is lined and structurally intact and a carbon monoxide 
detector is installed in the building near a bedroom. Whenever oil, solid fuel, propane 
and natural gas burning equipment, accessory equipment or its -installation are separately 
contracted, the master oil and solid fuel burning technician or the propane and natural gas 
technician in charge of the installation is responsibleJor ascertaining total conformance to 
the standards and rules adopted by the board. Whenever a state fuel inspector authorized 
under section 1811 0 finds a person installing or assisting in an oil, solid fuel, propane or 
natural gas installation, that person shall, on request of the state· fuel inspector, provide 
evidence of being properly licensed when required by this chapter and, if unable to 
provide the evidence, shall furnish the state fuel inspector with that person's full name 
and address and, if applicable, the full name and address of the master oil and solid fuel 
burning technician or the propane and natural gas technician in charge. 
Sec. 58. 32 MRSA §:ft.8123, sub-§2, as enacted by PL 2009, c. 344, Pt. C, §3 and 
affected by Pt. E, §2, is amended to read: 
2. R.ules. The board may, in accordance with the Maine Administrative Procedure 
Act, adopt rules commensurate with the authority vested in it by this chapter, including, 
but not limited to, rules adopting technical standards for the proper installation and 
servicing of oil, solid fuel, propane and natural gas burning equipment. Rules adopted 
pursuantto this subsection may not prohibit the continued use of an .existingconnection 
of a solid fuel burning appliance to a chimney flue to which another appliance burning oil 
or solid fuel is connected for.any chimney existing and in use prior to February 2, 1998 as 
long as sufficient draft is available for each appliance, the chimney is lined and 
structurally· intact and a carbon monoxide detector is installed in the building near a 
bedroom. The board may adopt by rule national or other technical standards, in whole or 
in part, that it considers necessary to carry out .the provisions of this chapter. Rules 
adopted pursuant to this chapter are routine technical rules as defined by Title 5, chapter 
- 375, subchapter 2-A. 
. 
Sec. 59. 35-A MRSA §8704,sub-§1, ,s, as amended by PL 2009, c. 174, §27, 
is further amended to read: 
B, The chair of the Commission for the Division for the Deaf, Hard of Hearing and 
Late Deafened established by Title 5, section 12004-1, subsection 17, or a designee; 
Sec. 60. 35-AMRSA §10119, sub-§l,~, as enacted by PL 2009, c. 372, Pt. B, 
§3, is amended to read: 
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B. Federal funds and awards that may be used for the purposes of this section; 
Sec. 61. 36 MRSA §191, sub-§2, ~L, as reallocated by PL 2009, c. 361, §14, is 
amended to read: 
LL. The disclosure to any state agency of information relating to the administration 
and collection orany debt transferred to the bureau for collection pursuant to section 
112-A7~ 
Sec. 62. 36 MRS A §191, sub-§2, €jjMM, as amended by PL 2009, c. 470, §4, is 
fmiher amended to read: 
MM. The disclosure to an authorized representative of the Department of Economic 
and Community Development of information required for the administration of the 
visual media production credit under section 5219-Y, the employment tax increment 
financing program under chapter 917, the visual media production reimbursement 
program under chapter 919-A or the Pine Tree Development Zone program under 
Title 30-A, chapter 206, subchapter 47~ 
Sec. 63. 36 MRSA §191, sub-§2, ~N, as reallocated by PL 2009, c.361, §16, 
is amended to read: 
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NN. The disclosure to an authorized representative of the Wild Blueberry 
COImpission of Maine of any information required for or submitted to the assessor in 
connecti'ori with the administration of the tax imposed under chapter 70k and 
Sec. 64. 36 MRSA §3203-C, as amended by PL 2009, c. 413, Pt. W, §3 and 
affected by §6 and amended by c. 434, §51 and affected by §84, is repealed and the 
following enacted in its place: 
§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 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 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. 65. 'Retroactivity. That section of this Act that repeals and replaces the 
Maine RevisedStatutes, Title 36, section 3203-C applies retroactively to July 18,2008. 
Sec. 66. 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: 
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1. . Generally. Beginning in 2003, and each calendar year thereafter, the excise tax 
imposed upon internal combustion engine fueLpursuant to section 2903, subsection 1 and 
the excise tax imposed upon distillates pursuant to section 3203 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 alI necessary forms and reports. 
Sec. 67. 36 MRSA §5122, sub-§l, <ljfZ, as amended by PL 2009, c. 2l3, Pt. 
BBBB, §2 and c. 434, §66 and affected by §84, is repealed and the following enacted in 
its place: 
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Z. For income tax years beginning on or after January 1, 2008, the amount of any 
qualified state and local tax benefit and any qualified payment excluded from gross 
income pursuant to the Code, Section l39B; 
Sec. 68. 36 MRSA §5122, sub-§2, <ljfAA, as amended by PL 2009, c. 2l3, Pt. 
BBBB, §6 and c. 434, §67, is repealed and the following enacted in its place: 
AA. For taxable years beginning on or after January 1, 2009, an amount equal to the 
net decrease in the depreciation deductions allowable under Sections 167 and 168 of 
the Code that would have been applicable to that property had the depreciation 
deduction under the Code, Section 168(k) not been claimed with respect to such 
property placed in service on or- after January 1, 2008 for which an addition was 
required under subsection 1, paragraph AA in a prior year. 
Upon the taxable disposition of property to which this paragraph applies, the amount 
of any gain or loss includable in federal adjusted gross income must be adjusted for 
Maine income tax purposes by an amount equal to the difference between the 
addition modification for such property under subsection 1, paragraph AA and the 
subtraction modifications allowed pursuant to this paragraph. 
The total amount of-subtraction Claimed for property under this paragraph forall tax 
years may not exceed the addition modification under subsection 1, paragraph AA for 
the same property; 
Sec. 69. 36 MRSA §5200-A, sub-§l, <IjfT, as amended by PL 2009, c. 213, Pt. 
ZZZ, §6 and Pt. BBBB, § 10, is repealed and the following enacted in its place: 
. 
T. For taxable years beginning on or after January 1, 2008, an amount equal to the 
net increase in depreciation attributable to the depreciation deductio·n claimed by the 
taxpayer under the Code, Section 168(k) arising from amendments to the .Code 
applicable to taxable years beginning on or after January 1, 2008; 
Sec. 70. 36 MRSA §5200-A, sulb-§l, ~; as enacted by PL 2009, c. 213, Pt. 
ZZZ, §8, is amended to read: 
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V. For any taxable year beginning in 2009, 2010 01'.2011, an amount equal to the 
absolute value of any net operating loss carry-forward claimed for purposes of the 
federal income tax7; and 
Sec. 71. 36 MRS A §5200-A, sub-§l, ~, as enacted by PL 2009, c. 213, Pt. 
BBBB, § 12, is reallocated to 36 MRSA §5200-A, sub-§ 1, ~W. 
Sec. 72. 36 MRS A §5200-A, sub-§2,~, as amended by PL 2009, c. 213, Pt. 
ZZZ, § II and Pt. BBBB, § 13, is repealed and the following enacted in its place: 
R. For taxable years beginning on or after January I, 2009, an amount equal to the 
net decrease in the depreciation deductions allowable under Sections 167 and 168 of 
the Code that would have been applicable to that property had the depreciation 
deduction under the Code, Section 168(k) not been claimed with respect to such 
property placed in service on or after January 1, 2008 for which· an addition was 
. required under subsection 1, paragraph T in a prior year. 
Upon the taxable disposition of property to which this paragraph applies, the amount 
of any gain or loss includable in federal adjusted gross income mllst be adjusted for 
Maine income tax purposes by an amount equal to the differenc~. between the 
addition modification for sllch property under subsection I, paragraph T and the 
subtraction modifications allowed pursuant to this paragraph. 
The total amount of subtraction claimed for property under this paragraph for all tax 
years may not exceed the addition modification under subsection I, paragraph T for 
the same property; 
Sec. 73. 36 MRSA §5200-A, sub-§2, VI, as enacted by PL 2009,'c. 213, Pt. 
ZZZ, § 13 and Pt. BBBB, § 15 and affected by § 17, is repealed and the following enacted 
in its place: 
T. An amount equal to the value of any prior year addition modification under 
subsection i, paragraph V, but only to the extent that: 
(I) Maine taxable income is not reduced below zero; 
(2) The taxable year is within the allowable federal period for carry-over plus the 
number of years that the net operating loss carry-over adjustment was not 
deducted as a result of the restriction with respect to tax years beginning in 2009,. 
2010 and 2011; 
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(3) The amount has not been previously used as a modification pursuant to this 
subsection; and 
(4) 
The modification under this 'paragraph is not claimed for any tax year 
beginni'}g in 2009, 20 I 0 or 20 11; and 
Sec. 74. 36 MRS A §5200-A, sub-§2, 'iJU is enacted to read: 
U. An amount equal to the gross income from discharge of indebtedness previously 
deferred under the Code, Section· I 080) and included in federal taxable income. The 
total subtraction for all years under this paragraph may not exceed the amount of the 
addition modification under subsection 1, paragraph W for the same indebtedness. 
Sec. 75. Application. That section of this Act that enacts the Maine Revised 
Statutes, Title 36, section 5200-A, subsection 2, paragraph U applies to tax years 
beginning ori or after January 1,2010. 
Sec. 76. 36 MRSA §6754, sub-§l, 4'ffD, as amended by PL 2009, c. 434, §83 and 
c. 461, §27, is repealed and the following enacted in its place: 
D. For qualified Pine Tree'Development Zone employees, as defined in Title 30-A, 
section 5250-1, subsection 18, employed directly in the qualified business activity of 
a qualified Pine Tree Development Zone business, as defined in Title 30-A, section 
5250-1, subsection 17, for whom a certificate of qualification has been issued in 
accordance with Title 30-A, section 5250-0, the reimbursement under this subsection 
is equal to 80% of the withholding taxes withheld each year for which reimbursement 
is requested and attributed to those qualified employees for a period of no more than 
years for tier 1 locations and no m'ore than 5 years for tier 2 locations. In no event 
. may reimbursement under this paragraph be paid for years beginning after December 
31, 2028. 
Sec. 77. 37-BMRSA §601, as amended by PL 2009, c. 299, Pt. A, §9 and c. 406, 
§ 13, is repealed and the following enacted in its, place: ' 
§601. Home established; purpose 
·38 
There must be public homes for veterans in Maine known as "Maine Veterans' 
Homes.~' In addition to the existing l20-bed home located in Augusta, al20-bed home 
located in Scarborough, a home not to exceed 40 beds located in'Caribou, a home located 
in Bangor nbt to exceed 120 beds, of which 40 beds are dedicated to patients with 
dementia, and a home located in South Paris not to exceed 90 beds, of which 30 beds are 
dedicated to patients with dementia, may be constructed if federal Veterans' 
Administration funds are available to meet part of the costs of each facility for 
construction or operation. In addition, a home located in Machias not to exceed 60 beds 
may be constructed if federal Veterans' Administration funds or funds from any other 
state, federal or private source are available to meet part of the costs of the facility for 
construction or operation, except that the Machias home may not begin operation prior to 
July 1, 1995 and the construction and funding of the Machias home may not in any way 
jeopardize the construction, funding or financial viability of any other home. The Maine 
Veterans' Homes also are authorized to provide nonnursing facility care and services to 
Maine veterans if approved by appropriate state and federal authorities. The Board of 
Trustees of the Maine Veterans' Homes shall plan and develop the Machias home and any 
nonnursing facility care and services using any funds available for that purpose, except 
for the Augusta facility's funded depreciatiori account. The Maine Veterans' Homes are 
authorized to construct community-based outpatient clinics for Maine veterans in 
cooperation with the United States Department of Veterans Affairs and may construct and 
operate veterans hospice facilities, veterans housing facilities and other facilities 
authorized by the Board of Trustees of the Maine Veterans' Homes, using available funds. 
Any funds loaned to the Maine Veterans' Horries for operating purposes from the funded 
depreciation accounts of the Maine Veterans' Homes niust be reimbursed from any funds 
received by the Maine Veterans' Homes and available for that purpose. The primalY 
purpose of the Maine Veterans' Homes is to provide suppOIi and care for honorably 
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discharged veterans who served on active duty in the United States Armed Forces or who 
served in the Reserves of the United States Armed Forces on active duty for other than 
training purposes. 
Sec. 78. 38 MRSA §580-B, sub-§7, as amended by PL 2009, c. 200, §7 and c. 
372,Pt. B, §4, is repealed and the following enacted in its place: 
7. 
Allocation of carbon dioxide emissions allowances. 
The department shall 
allocate 100% of the annual carbon dioxide emissions allowances for public benefit to 
produce funds for carbon reduction and energy conservation, as specified in Title 35-A, 
section 10109. Except as provided in subsections 7-A and 8, the department shallsell the 
carbon dioxide emissions allowances at public auction, in accordance with rules adopted 
under subsection 4. Revenue resulting from the sale of allowances must be deposited in 
the Regional Greenhouse Gas Initiative Trust Fund established under Title 35-A, section 
10109. 
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Sec. 79. 38 MRSA §580-B, sub-§10, as amended by PL 2009, c. 200, §§8 to 10 
and c. 372, Pt. B, §6, is repealed and the following enacted in its place: 
10. Annual report. The department and the trustees of the Efficiency Maine Trust 
17· 
established pursuant to Title 35-A, section 10103 shall submit a joint report to the joint 
standing committees of the Legislature having jurisdiction over natural resources matters 
and utilities and energy matters by March 15, 2009 and each year thereafter. The report 
must assess and address: 
,32 
A. The reductions of greenhouse gas emissions from carbon dioxide budget units, 
conservation programs funded by the Regional Greenhouse Gas Initiative Trust Fund 
pursuant to Title 35-A, section 10109 and carbon dioxide emissions offset projects; 
B. 
The improvements in overall carbon dioxide emissions and eriergy efficiency 
from sources that emit greenhouse gases including electrical generation and fossil 
fuel fired units; 
C. The maximization of savings through systemic energy improvements statewide; 
D. 
Research and support of new carbon dioxide offset allowance categories for 
development in the State; 
E. Management and cost-effectiveness of the State's energy conservation and carbon 
reduction programs and efforts funded by the Regional Greenhouse Gas Initiative 
Trust Fund, established pursuant to Title 35-A, section 10109; 
F. The extent to which funds from the Regional Greenhouse Gas Initiative Trust 
Fund, established pursuant to Title 35-A, section 10109, serve' customers from all 
classes of the State's transmission and distribution utilities; and 
G. The revenues and expenditures of the Regional Greenhouse Gas Initiative Trust 
Fund, established pursuant to Title 35-A, section 10109. 
The department and the trustees of the Efficiency Maine Trust may include in the report 
any proposed changes to the program established under this chapter. 
The joint standing committee of the Legislature having jurisdiction over natural resources 
matters may submit legislation relating to areas within -the committee's jurisdiction in 
connection with the program. The joint standing committee of the Legislature having 
jurisdiction over utilities and energy matters· may submit legislation relating to areas 
within the committee's jurisdiction in connection with the program. 
Sec. 80. PL 2009, c. 174, §28 is amended to read: 
Sec. 28. Transition provisions. 
. 1. 
The Commission for the Division for the Deaf, Hard of Hearing and Late 
Deafened, established pursuant to the Maine Revised Statutes, Title 5, section 12004-J, 
subsection 17, is the successor in every way to the functions and duties of the former 
Advisory Council to Division of Deafness, as established pursuant to Title 5, section 
12004-1, subsection 54-B. 
2. All records, property and equipment previously belonging to or for the use of the 
former Advisory Council to Division of Deafness become part of the . property of the 
Commission for the Division for the Deaf; Hard· of Hearing and Late Deafened. 
3. All existing forms, licenses, letterheads and similar items bearing the name of or 
referring to the former Advisory Council to Division of Deafne.ss may be utilized by the 
Commission for the Division for the Deaf, Hard of Hearing and Late Deafened until 
existing supplies of these items are exhausted. 
Sec. 81. PL 2009, c. 213, Pt. YVY, §2 is amended to read: 
Sec. YVY -2. Application. 
That section of this Part that amends the Maine 
Revised Statutes, Title 36, section 683, subsection 1 applies to property tax years 
beginning on or after April 1, 20 10. 
Sec. 82. PL 2009, c. 261, Pt. A, §20 is repealed. 
Sec. 83. PL 2009, c. 361, §37 is amended to read: 
Sec. 37. Retroactivity. That section of this Act that enacts the Maine Revised 
Statutes, Title 36, section 2557, subsection 3, paragraph N G-I applies retroactively to 
October I, 2007. 
That section of this Act that amends Title 36, section 4641-C, 
subsection 7 applies retroactively to July 1,2003. Those sections of this Actthat amend 
Title 27, section 511, subsection 2; Title 30-A, section 4722, subsection I, paragraphs BB 
and CC; and Title 36, section 5219-BB; and that section that ena.cts Title 30-A, section 
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4722, subsection 1, paragraph DO apply retroactively to June 30, 2008. The portion of 
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this Act that enacts Title 36, section 1760, subsection 41, paragraph B applies 
retroactively to Jant1ary 1, 2008. The portion of this Act that enacts Title 36, section 
1760, subsection 41, paragraph C applies retroactively to JUf!e 15, 200 I. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
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SUMMARY 
Section 1 corrects a reference to the biennial report of the Land and Water Resources 
Council. 
Section 2 repeals a reference to the Baxter Compe'nsation Authority, which was 
eliminated on July 1, 2007. 
Section 3 corrects a conflict created by Public Law 2009, chapter 21 1., which changed 
the name of the Junior Maine Guides and Trip Leaders Curriculum Advisory Board in the 
Maine Revised Statutes, Title 5, section 12004-1, subsection 24, and chapter 369, which 
repealed Title 5, section 12004-1, subsection 24. This section corrects the conflict by 
repealing Title 5, section 12004-1, subsection 24. 
Section 4 corrects the name of a commission. 
Section 5 removes a reference to an annu~1 report that is no longer required to be 
prepared. 
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Section 6 corrects a conflict created by Public Law 2009, chapters 213 and 343, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Section 7 corrects a conflict created by 'Public Law 2009, chapters 324 and 325, 
which affected the same provision of law, by incorporating the changes 'made by both 
laws. Section 8 makes the changes retroactive to February 15, 2010. 
Section 9 corrects a conflict created by Public Law 2009, chapters 324 and 325, 
which affected-the same provision of law, by incorporating the changes made by both 
laws. Section 10 makes the changes retroactive to February 15, 2010. 
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Section 11 corrects a conflict created by Public Law 2009; chapter 324, which 
repealed Title 11, aJ1icie 7 -A and chapter 325, which corrected a cross-reference in Title 
11, section 7-102, subsection (1), paragraph (e), which is in the repealed article. This 
section COlTects the conflict by repealing Title 11, section 7-102. Section 12 makes the 
change retroactive to February 15, 2010. 
Section 13 corrects a' confl ict 'created by ,Pu bl ic Law 2009, chapters 151 and' 394, 
which affected the, same provision of law, by incorporating the changes made by both 
laws. 
Section 14 corrects a conflict created by Public Law 2009, chapters 340 and 369, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Section 15 corrects a conflict created when Public Law 2009, chapter 369 repealed 
the Maine Revised Statutes, Title 12, section 10154 and chapter 211 amended the section. 
This section corrects the conflict by repealing Title 12, section 10154. 
Section 16 corrects a conflict created by Public Law 2009, chapters 213 and 340, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Section 17 corrects a conflict created by Public Law 2009, chapters 211 and 369, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Section I 8 corrects a cross-reference, and section 19 adds an effective date. 
Section 20 corrects a cross-reference. 
Section 21 corrects a conflict created by Public Law 2009, chapters 268 and 391, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Section 22 corrects a·cross-reference. 
Section 2J corrects a conflict created by Public Law 2009, chapters 1 and 213, which 
affected the same provi~ion of law. This section repeals the provision and replaces it with . 
the chapter 213 version. 
Section 24 corrects a conflict creatyd when Public Law 2009,chapter 190 amended 
Title 21-A, section 1011, 2nd paragraph and Public Law 2009, chapter 366 repealed the 
paragraph. This section corrects the conflict by repealing the paragraph. 
Section 25 corrects a conflict created by Public Law 2009, chapters 183 and 190, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Section 26 corrects a conflict created by Public Law 2009, chapters 190 and 366, 
which affected the same provision of law. This section repeals the provision and replaces 
it with the chapter 190 version. 
Section 27 corrects a conflict created by Public Law 2009, chapters 190 and 366, 
which affected .the same provision of law. This section repeals the provision and replaces 
it with the chapter 190 version. 
Section 28 corrects a conflict created by Public Law 2009, chapters 190 and 366, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Section 29 corrects a conflict created when Public Law 2009, chapter 302 repealed 
Title 21-A, section 1125, subsection 8 and Pllblic Law 2009, chapters 286 and 363 
'. amended that subsection. This section con;ects the conflict by repealing the subsection. 
Section 30 provides an effective date of September 1,2011. 
Section 31 corrects a conflict created by Public Law 2009, chapters 302 and 363, 
which affected the same provision of law.' This section repeals the provision and replaces 
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it with the chapter 302' version. Section 32 provides an effective date of September 1, 
2011. 
Section 33 corrects a conflict create~ by Public Law 2009, chapters 302 and 363, 
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which affected the same provision of law, by incorporating the changes made by both 
laws. Section 34 provides an effective date of September 1, 2011. 
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Section 35 corrects a conflict created by Public Law 2009, chapters 429 and 430, 
which affected the same provision of law. This section repeals the provision and replaces 
it with the chapter 430 version. 
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Section 36 corrects a cross-reference. 
Section 37 corrects a conflict created when Public Law 2009, chapter 299 amended 
Title 22, section 5107-J, subsection 2, paragraph C and chapter 369 repealed Title 22, 
section 5107-1. This section corrects the conflict by repealing the section. 
Section 3 8 corrects ·a conflict created by Public Law 2009, chapters 279 and 420, 
which affected the same provision of law. This section repeals the provision and replaces 
it with the chapter 420 version. 
S'ection 39 corrects a conflict created by Public Law 2009, chapters 279 and 420, 
which both substantively affected the same provision .of law. This section corrects the 
conflict by incorporating the changes made by both laws. 
Section 40 corrects a cross-reference. 
Sections 41 and 42 correct a conflict created by Public Law 2009, chapters 77 and 
·118, wh ich both substantively affected the same provisions of law. Sections 41 and 42 
correct the conflict by incorporating the changes made by both laws. 
Section 43 corrects a conflict created by Public Law 2009, chapters 261 and 344, 
which both substantively affected the same provision of law. This section corrects the 
conflict by incorporating the changes made by both laws and makes a grammatical 
correction. 
Sections 44 and 45 correct clerical errors. 
Sections 46and 47 correct a conflict created by Public Law 2009, chapters '336 and 
451, which both substantively affected the same provision of law. Sections 46 and 47 
cor!ect the conflict by incorporating the changes made by both laws. 
Section 48 corrects the name of a commission. 
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Section 49 corrects the name ofa commissjon. 
Section 50 corrects punctuation and a clerical error by adding a word that was 
inadvertently omitted. 
Section 51 corrects a conflict created by Public Law 2009, chapters 438 and 459, 
which both substantively affected the same provision of law, by incorporating the 
changes made by both laws. 
Section 52 corrects a numbering problem created by Public Law 2009, chapters 438 
and 459, which enacted 2 substantively different provisions of law with the saine section 
number. 
Section 53 corrects a conflict created by Public Law 2009, chapters 50 and 55, which 
affected the same provision of law, by incorporating the changes made by both laws. 
Section 54 corrects a cross-reference. 
Sections 55, 57 and 58 correct a conflict created when Public Law 2009, chapter 250 
amended Title 32, section 2402-A and chapter 344 repealed the section .. These sections 
correct the conflict by repealing the section and add ing the substance of the change made 
by chapter 250 to the laws governing the Maine Fuel Board, which were ~nacted by 
chapter 344. 
Section 56 corrects a cross-reference. 
Section 59 corrects the name of a commission. 
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Section 60 corrects a clerical error by adding a word that was inadvertently omitted. 
Sections 61 to 63 correct punctuation errors. 
Section 64 corrects a conflict created by Public Law 2009, chapters 413 and 434, 
which affected the same provision of law, by incorporating the changes made by both 
laws. Section 65 makes the changes retroactive to July 18, 2008. 
Section 66 corrects a conflict created by Public Law 2009, chapters 413 and 434, 
which affected the same provision Of law, by incorporating the changes made by both 
laws. 
Section 67 corrects a conflict created by Public Law 2009, chapters 213 and 434, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Section 68 corrects a conflict created by Public Law 2009, chapters 213 and 434, 
which affected the same provision of law. This section repeals the provision and replaces 
it with the chapter 213 version and makes a technical correction. 
Section 69 corrects a conflict created by Public Law 2009, chapter 213, Part ZZZ, 
section 6 and Part BBBB, section 10, which affected the same provision of law. This 
section repeals the provision and replaces it with the chapter 213, Part BBBB, section 10 
version. 
Sections 70 and 71 correct' a numbering problem created by Public Law 2009, chapter 
213, Part ZZZ, section 8 and Part BBBB, section 12, which enacted 2 substantively 
different provisions 'With the sam~ paragraph letter, ancl make a technical change. 
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Section 72 corrects a conflict created by Public Law 2009, chapter 213, Part ZZZ, 
section 11 and Part BBBB, section 13, which 'affected the same provision of law. This 
section repeals the provision and replaces it with the chapter 213, Part BBBB, section 13 
version and makes a technical correction. 
Sections 73 to 75 correct a numbering problem created by Public Law 2009, chapter 
213, Pali ZZZ, section 13 andPali BBBB, section 15, which enacted 2 substantively 
different provisions with the same paragraph letter, make a technical cha,nge, correct a ' 
cross-reference and add an application section. 
Section 76 cOI:rects a conflict created by Public Law 2009, chapters 434 and 461, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Section 77 corrects a conflict created by Public Law 2009, chapters 299 ,and 406, 
which affected the same provision of law, by incorporating the changes made by both 
laws . 
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Section 78 corrects a conflict created by Public ,Law 2009, chapters 200 and 372, 
which affected the same provision of law, by incorporating the changes made by both 
laws with a technical correction. 
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Section 79 corrects a conflict created by Public Law 2009, chapters 200 and 372, 
which affected the same provision of law. This section repeals the provision and replaces 
it with the chapter,372 version. 
Section 80'corrects the name of a commission. 
Section 81 corrects an application section to make it clear to what years the changes 
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to the Maine Revised 'Statutes, ~itle 36, section 683, subsection 1 apply. 
Section 82 repeals a retrQactivity section in a public law that referred to a section of 
statute that was not include'd in the public law. 
Section 83 corrects a reference in a retroactivity section.