pem207/maine-bills huggingface dataset:
An Act To Modify Maine's Fishway Laws," S.P. 456, L.D. 1237, and all its accompanying papers, be recalled from the legislative files to the House. READ. Pursuant to Joint Rule 404, this Joint Order requires the affirmative vote oftwo-thirds of those present for passage. having voted in the affirmative and m the negative, being more than two-thirds of the membership present, the Joint Order is PASSED and sent for concurrence. s u p p L E M E N T
Maine Legislature, Session 124, LD 1040

HOUSE ADVANCE JOURNAL AND CALENDAR 
http://www.maine.gov/legis/house/hcalfr.htm 
Wednesday, June 3, 2009 
SUPPLEMENT NO. 3 
ORDERS 
(4-1) On motion ofRepresentative CLARK ofMillinocket, the following Joint 
Order: (H.P. 1040) 
ORDERED, the Senate concurring, that Bill, "An Act To Modify Maine's Fishway 
Laws," S.P. 456, L.D. 1237, and all its accompanying papers, be recalled from the 
legislative files to the House. 
READ. 
Pursuant to Joint Rule 404, this Joint Order requires the affirmative vote oftwo-
thirds of those present for passage. 
having voted in the affirmative and 
m 
the negative, 
being more than two-thirds of the membership present, the Joint 
Order is PASSED and sent for concurrence. 
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Maine Legislature, Session 124, LD 0074
Committee Amendment CA_A_H1 (House)

COMMITTEE AMENDMENT "A "to H.P. 74, "Joint Order To Adopt Rule Joint 
Rule 317" 
Amend the order in Joint Rule 317 in the last line by inserting after the following: 
"jurisdiction" the following: 'and to the joint standing committee of the Legislature 
having jurisdiction over appropriations and financial affairs' 
SUMMARY 
This amendment adds language requiring the joint standing committee of the 
Legislature having jurisdiction over health and human services matters to report to the 
joint standing committee of the Legislature having jurisdiction over appropriations and 
financial affairs as well as the joint standing committee of jurisdiction after reviewing a 
bill or resolve affecting the Fund for a Healthy Maine. 
Page I - 124LR0926(02)-1 
COMMITTEE AMENDMENT
Maine Legislature, Session 124, LD 1045
Senate Amendment SA_A_S334 (Senate)

SENATE AMENDMENT "A "to H.P. 1045, Resolution, "JOIl'H RESOLUTION 
MEMORIALIZING CERTAIN NATIONAL PRIVATE ENTITIES TO HONOR 
MAINE 
BASEBALL 
GREAT 
LOUIS 
SOCKALEXIS 
AND 
TO 
AFFORD 
APPROPRIATE RESPECT TO NATIVE AMERICAN ATHLETES" 
Amend the resolution by striking out all of the 4th resolved paragraph and inserting 
the following: 
'RESOLVED: That We, your Memorialists, respectfully urge and request that the 
magazine Sports Illustrated correct the oversight that neglected to mention either Louis 
Sockalexis or his cousin Andrew Sockalexis, a marathon runner who placed highly in 2 
Boston Marathons and the 1912 Olympics, on its list of the "50 Greatest Athletes from 
the State of Maine" to demonstrate its goodwill and respect for these 2 extraordinary 
American Indian athletes; and be it further' 
SUMMARY 
This amendment changes the word "mistake" to "oversight" in the description of the 
omission of the 2 Sockalexis cousins' names, and it removes language requesting an 
apology. 
SPONSORED BY: ~ 
t ~ 
_ 
(Senator RA YE) 
COUNTY: Washington 
SENATE AMENDMENT
An Act To Provide Rule-making Authority to the Maine Library Commission
Maine Legislature, Session 124, LD 0002
Committee: Education and Cultural Affairs
Sponsors: DIAMOND
Amends: 27 MRSA §111

Legislative Document 
No.2 
S.P.ll 
January 7, 2009 
An Act To Provide Rule-making Authority to the Maine Library 
Commission 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
Presented by Senator DIAMOND of Cumberland. 
Prinll!d lIn r..:c~t.:t.:J papL"1' 
9rf)(J~ 
JOY J. O'BRIEN 
Secretary of the Senate 
) 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 27 MRSA §111, sub-§2 is enacted to read: 
2. 
Rules. 
The Maine LibraIY Commission may adopt rules to carlY out its 
responsibilities under this Title. Rules adopted pursuant to this subsection are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This bill gives the Maine Library Commission the authority to adopt routine technical 
rules to carry out its responsibilities. 
) 
') 
Page I - 124LROl77(Ol)-1
An Act To Remove the Age Restriction for Serving as a Corporator of a Mutual Financial Institution
Maine Legislature, Session 124, LD 0004
Committee Amendment CA_A_S5 (Senate)
Amends: 9-B MRSA §325

COMMITTEE AMENDMENT" A" to S.P. 13, L.D. 4, Bill, "An Act To Remove 
the Age Restriction for Serving as a Corporator of a Mutual Financial Institution" 
Amend the bill by striking out all of section 1 and inserting the following: 
'Sec. 1. 9-B MRSA §325, sub-§l, '1fA, as amended by PL 1997, c. 398, Pt. D, 
§ 1 0, is further amended to read: 
A. 
The persons named in the articles of incorporation constitute the original board 
of corporators of a mutual financial institution. Membership on this board continues 
until terminated pursuant to the articles of incorporation or bylaws, by death, 
resignation or disqualification as provided in this section. 
Sec. 2. 9-B MRSA §325, sub-§l, ,0, as amended by PL 1997, c. 398, Pt. D, 
§ 1 0, is repealed.' 
SUMMARY 
This amendment replaces the bill. 
As in the bill, the amendment repeals the 
requirement that a corporator of a mutual financial institution must retire at 72 years of 
age. 
The amendment also clarifies that the governing body of a mutual financial 
institution may, in its bylaws, set limits on membership terms and tenure of corporators. 
Page I - 124LR002I(02)-1 
COMMITTEE AMENDMENT
An Act To Amend the Laws Governing Liquor Licenses
Maine Legislature, Session 124, LD 0005
Committee: Legal and Veterans Affairs
Sponsors: DIAMOND

MAINE STATE LEGISLATURE 
The following document is provided by the 
LAW AND LEGISLATIVE DIGITAL LIBRARY 
at the Maine State Law and Legislative Reference Library 
http://legislature.maine.gov/lawlib 
Reproduced from scanned originals with text recognition applied 
(searchable text may contain some errors and/or omissions) 
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AlIG(J8r A, MAINe 
124th MAl 
LEGISLATURE 
Legislative Document 
No.5 
S.P.14 
January 7, 2009 
An Act To Amend the Laws Governing Liquor Licenses 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Senator DIAMOND of Cumberland. 
Printed on recycled p<lper 
9tfl(J~ 
JOY J. O'BRIEN 
Secretary of the Senate 
) 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 28-A MRS A §453, sub-§2-A, as repealed and replaced by PL 2003, c. 20, Pt. 
SS, § 1 and affected by §8, is repealed. 
SUMMARY 
This bill amends the laws governing liquor licenses by deleting that provision of law that 
limits the number of liquor stores that may be licensed in a municipality. 
) 
)
An Act To Remove the Age Restriction for Serving as a Corporator of a Mutual Financial Institution
Maine Legislature, Session 124, LD 0004
Committee: Insurance and Financial Services
Sponsors: COURTNEY
Amends: 9-B MRSA §325

Legislative Document 
No.4 
S.P.13 
January 7, 2009 
An Act To Remove the Age Restriction for Serving as a Corporator 
of a Mutual Financial Institution 
Reference to the Committee on Insurance and Financial Services suggested and ordered 
printed. 
Presented by Senator COURTNEY of York. 
Printed on recycled pilpcr 
9tf)(J~ 
JOY J. O'BRIEN 
Secretary of the Senate 
) 
Bei.t enacted by the PeopJe of the State of Maine as follows: 
Sec. 1. 9-B MRSA §325, sub-§l, "lIB, as amended by PL 1997, c. 398, Pt. D, 
§ 10, is repealed. 
SUMMARY 
This bill repeals the section of law that requires a corporator of a mutual financial 
institution to retire from membership on the board of corporators upon reaching 72 years 
of age. 
) 
)
An Act To Establish a Distracted Driver Law
Maine Legislature, Session 124, LD 0006
Committee: Transportation
Sponsors: DIAMOND

Legislative Document 
No.6 
S.P.15 
January 7, 2009 
An Act To Establish a Distracted Driver Law 
Reference to the Committee on Transportation suggested and ordered printed. 
Presented by Senator DIAMOND of Cumberland. 
Printed on recycled paper 
9tf2(J~ 
JOY 1. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 29-A MRS A §2117 is enacted to read: 
§2117. Driving while distracted 
1. 
Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Distracted" means engaging in an activity that impairs the operator's ability to drive, 
including, but not limited to, using an electronic device, applying cosmetics or 
performing personal grooming with any device. 
B. 
"Electronic device" means any handheld device that is not part of the operating 
equipment of the motor vehicle, including but not limited to an electronic game, device 
for sending or receiving electronic mail, text messaging device or computer. 
C. "Using" means manipulating, watching, talking into or otherwise interacting with an 
electronic device but does not include passively listening to music or other recorded 
sounds emanating from the electronic device. 
2. Prohibition. A person may not operate a motor vehicle while distracted. 
3. Exception. This section does not apply to the use of a cellular telephone or a global 
positioning system. 
4. Penalty. A person who violates this section commits a traffic infraction for which a 
fine of not less than $50 for the first offense and not less than $250 for a 2nd or subsequent 
offense may be adjudged. 
5. Rules. The department may adopt rules to implement this section. Rules adopted 
pursuant to this section are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
SUMMARY 
This bill makes driving while distracted a moving violation. It prohibits engaging in an 
activity that impairs the driver's ability to drive. 
It also allows the Department of 
Transportation to adopt rules. 
) 
) 
)
An Act To Amend the Instruction Permit Process
Maine Legislature, Session 124, LD 0007
Committee Amendment CA_A_S7 (Senate)
Amends: 29-A MRSA §1304

COMMITTEE AMENDMENT" A" to S.P. 16, L.D. 7, Bill, "An Act To Amend 
the Instruction Permit Process" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 29-A MRSA §1304, sub-§l, 'irE, as amended by PL 2005, c. 577, § 18, is 
further amended to read: 
E. 
Unless the permittee is operating a motorcycle or moped, the permit requires the 
permittee to be accompanied by a licensed operator who: 
(1) Has held a valid license for the immediately preceding at least 2 oommmtive 
years; 
(2) Is at least 20 years of age; 
(3) Is occupying a seat beside the driver; and 
(4) Is licensed to operate the class vehicle operated by the permittee. 
The accompanying operator must adhere to all restrictions applied to the license 
when functioning as the permittee's accompanying operator. A-person 'Nho meets the 
conditions of subparagraphs (2), (3) and (4) '''hose license 'Nas canceled or susperured 
for physical, mental or emotional reasons ''lith in the immediately preceding 2 
consecutive years may act as an accompanying operator pursuant to this paragraph 
with thA :mnrovnl of the ~eBretnrv Af~tate.' 
SUMMARY 
This amendment, which replaces the bill, requires the person acting as the 
accompanying operator for a permit holder to have held a valid license for at least 2 
years. 
COMMITTEE AMENDMENT
An Act To Amend the Instruction Permit Process
Maine Legislature, Session 124, LD 0007
Committee: Transportation
Sponsors: DIAMOND
Amends: 29-A MRSA §1304

MAINE STATE LEGISLATURE 
The following document is provided by the 
LAW AND LEGISLATIVE DIGITAL LIBRARY 
at the Maine State Law and Legislative Reference Library 
http://legislature.maine.gov/lawlib 
Reproduced from scanned originals with text recognition applied 
(searchable text may contain some errors and/or omissions) 
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124th MAINE LEGISLA 
STATE LAW LIBRARY 
AUGUSTA, MAINE 
URE 
"FIRST REGULAR SESSION-2009 
Legislative Document 
No.7 
S.P.16 
January 7, 2009 
An Act To Amend the Instruction Permit Process 
Reference to the Committee on Transportation suggested and ordered printed. 
Presented by Senator DIAMOND of Cumberland. 
Printed on recycled paper 
9tf)CJ~ 
JOY J. O'BRIEN 
Secretary of the Senate 
De it enacted by the People of the State of Maine as follows: 
Sec. 1. 29-A MRSA §1304, sub-§I, fiE, as amended by PL 2005, c. 577, § 18, is 
further amended to read: 
E. 
Unless the permittee is operating a motorcycle or moped, the permit requires the 
permittee to be accompanied by a licensed operator who: 
(1) Has held a valid license for the immediately preceding 2 consecutive years; 
(2) Is at least 20 years of age; 
(3) Is occupying a seat beside the driver; and 
(4) Is licensed to operate the class vehicle operated by the permittee. 
The accompanying operator must adhere to all restrictions applied to the license 
when functioning as the permittee's accompanying, operator. A person who meets the 
conditions of subparagraphs (2), (3) and (4) whose license was canceled or suspended 
for physical, mental or emotional' reaS'ellS 
within the immediately preceding 2 
consecutive years may act as an accompanying operator pursuant to this paragraph 
with the approval of the Secretary of State. 
SUMMARY 
Current law allows a person whose license was canceled or suspended in the immediately 
preceding 2 years for physical, mental or emotional reasons to accompany a person with, am, 
instruction permit if the accompanying operator is at least 20 years of age, sits beside tne 
permittee and has a valid license. This bill allows a person whose license was canceled or 
suspended in the immediately preceding 2 years for any reason to accompany a person with 
an instruction permit if the other conditions apply. 
) 
) 
)
An Act To Deter Road Rage
Maine Legislature, Session 124, LD 0008
Committee: Transportation
Sponsors: ROSEN
Amends: 29-A MRSA §2419

Legislative Document 
No.8 
S.P.17 
January 7, 2009 
An Act To Deter Road Rage 
Reference to the Committee on Transportation suggested and ordered printed. 
Presented by Senator ROSEN of Hancock. 
Printed on recycled paper 
9tf)CJ~ 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
. Sec.!. 29-A MRSA §2419 is enacted to read: 
§2419. Road rage 
1. Definition. "Road rage," with respect to a person operating a motor vehicle in any 
place, means but is not limited to: 
A. 
Generally aggressive driving, including sudden acceleration, sudden braking and 
following another motor vehicle too closely; 
B. Cutting off another motor vehicle in a lane or deliberately preventing another motor 
vehicle from merging; 
C. Sounding the motor vehicle's horn or flashing its lights excessively; 
D. Rude gestures; 
E. Shouting verbal abuse, obscenities or threats; 
F. Intentionally causing a collision between motor vehicles; 
G. 
Exiting the motor vehicle to attempt to start a confrontation, including striking 
someone else's motor vehicle with an object; and 
H. Throwing projectiles from a moving motor vehicle with the intent of damaging other 
motor vehicles. 
2. Offense. A person may not commit road rage. 
3. Penalty. A person who commits road rage commits a Class E crime, which is 
punishable by the suspension of that person's driver's license for 90 days, none of which may 
be suspended. in addition to any other penalty, the court shall order a person to complete a 
court-approved anger management course. 
SUMMARY 
This bill defines road rage and establishes it as a Class E crime. A person who commits 
road rage is subject to the loss of that person's license for 90 days and is required to complete 
an anger management course. 
) 
) 
)
An Act To Prohibit the Force-feeding of Birds
Maine Legislature, Session 124, LD 0009
Committee: Agriculture, Conservation and Forestry
Sponsors: CASAVANT, SULLIVAN, BEAUDOIN, BOLAND, BRYANT, EBERLE, HOGAN, LEGG, TRINW ARD, WHEELER
Amends: 7 MRSA §4011

Legislative Document 
No.9 
H.P.4 
House of Representatives, January 5,2009 
An Act To Prohibit the Force-feeding of Birds 
(EMERGENCY) 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
Presented by Representative CASAVANT of Biddeford. 
Cosponsored by Senator SULLIVAN of York and 
'77/~ 111· 77ltLC~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BEAUDOIN of Biddeford, BOLAND of Sanford, BRYANT of Windham, 
EBERLE of South Portland, HOGAN of Old Orchard Beach, LEGG of Kennebunk, 
TRINW ARD of Waterville, WHEELER of Kittery. 
Print~d CH} recycled p;:)pcr 
· 1 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, this legislation needs to take effect before the expiration of the 90-day 
period in order to end the practice of force-feeding birds as soon as possible; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec.!. 7 MRSA §4011, sub-§l, ~, as amended by PL 2007, c. 702, §ll, is 
further amended to read: 
I. Kills or tortures an animal to frighten or intimidate a person or forces a person to 
injure or kill an animal; aF 
Sec. 2. 7 MRSA §4011, sub-§l, ~J, as enacted by PL 2007, c. 702, § 12, IS 
amended to read: 
J. Confines an animal in a building, enclosure, car, boat, vehicle or vessel of any 
kind when extreme heat or extreme cold will be harmful to its health~~ 
Sec. 3. 7 MRSA §4011, sub-§l, ~ 
is enacted to read: 
K. Force-feeds a bird, including a duck or goose, for the pumose of enlarging the 
bird's liver beyond its normal size in order to produce the food product known as foie 
gras. Force-feeding methods include, but are not limited to, delivering feed through a 
tube or other device inserted into the bird's esophagus, and these methods may not be 
considered in compliance with best management practices for animal husbandry. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill makes force-feeding birds in order to produce the food product known as 
foie gras a civil violation. 
Page I -124LR0205(Ol)-1 
) 
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)
Resolve, To Encourage the Preservation of Dark Skies II
Maine Legislature, Session 124, LD 0011
Committee Amendment CA_A_H15 (House)

COMMITTEE AMENDMENT "A " to H.P. 6, L.D. II, "Resolve, To Encourage 
the Preservation of Dark Skies" 
II 
Amend the resolve by striking out everything after the title and before the summary 
and inserting the following: 
'Sec. 1. State Planning Office to establish standards. Resolved: That the 
Executive Depaliment, State Planning Office shall review existing commercial outdoor 
lighting standards and make recommendations on standard language that will limit light 
pollution and encourage the preservation of the area's natural state, as well as identifY 
policy options for promoting outdoor lighting standards for commercial development. 
The State Planning Office shall present its findings in a report to the Joint Standing 
Committee on Business, Research and Economic Development no later than January 15, 
2010.' 
SUMMARY 
This amendment replaces the resolve and directs the Executive Department, State 
Planning Office to review existing commercial outdoor lighting standards and make 
recommendations on standard language that will limit light pollution and encourage the 
preservation of the area's natural state, as well as identifY policy options for promoting 
outdoor lighting standards for commercial development. It requires the State Planning 
Office to present its findings in a report to the Joint Standing Committee on Business, 
Research and Economic Development no later than January 15, 20 I O. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 03/09/09 ,;;:i;pac 
LD 11 
LR 238(02) 
Resolve, To Encourage the Preservation of Dark Skies 
Fiscal Note for Bill as Amended by Committee Amendment ,~" 
Committee: Business, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
The additional costs to the State Planning Office associated with this rulemaking can be absorbed within existing 
budgeted resources. 
LR0238(02) - Fiscal Note - Page 1 of 1 
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Resolve, To Encourage the Preservation of Dark Skies
Maine Legislature, Session 124, LD 0011
Committee: Business, Research and Economic Development
Sponsors: SCHATZ, DAMON, BERRY, EATON, FLEMINGS

Legislative Document 
No. 11 
H.P.6 
House of Representatives, January 5, 2009 
Resolve, To Encourage the Preservation of Dark Skies 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Representative SCHATZ of Blue Hill. 
Cosponsored by Senator DAMON of Hancock and 
---rJt~ /Y).11!II£~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BERRY of Bowdoinham, EATON of Sullivan, FLEMINGS of Bar Harbor. 
Pril1tt!d on I'ccydcd ptlp~r 
Sec. 1. State Planning Office to establish standards. R.esolved: That the 
Executive Department, State Planning Office shall establish unifonn state standards for 
new commercial construction and the lighting of the outside surrounding space to limit 
light pollution and encourage the preservation of the area's natural state. The State 
Planning Office shall present a report with its recommendations to the Joint Standing 
Committee on Business, Research and Economic Development no later than September 
1,2010. 
SUMMARY 
This resolve directs the Executive DepaItment, State Planning Office to establish 
unifonn state standards for new commercial constlUction and the lighting of the outside 
surrounding space to limit light pollution and encourage the preservation of the area's 
natural state. 
') 
) 
)
Resolve, Directing the Department of Professional and Financial Regulation To Amend Its Rules Governing Pastoral Counselors
Maine Legislature, Session 124, LD 0012
Committee Amendment CA_A_H22 (House)

COMMITTEE AMENDMENT" /J" to H.P. 7, L.D. 12, "Resolve, Directing the 
Department of Professional and Financial Regulation To Amend Its Rules Governing 
Pastoral Counselors" 
Amend the resolve iri section 1 in the 9th line (page 1, line 18 in L.D.) by inserting 
after the following: "organization" the following: 'or a nonaccredited program determined 
equivalent by the board' 
Amend the resolve by striking out all of section 2 (page 1, lines 21 to 23 in L.D.) and 
inserting the following: 
'Sec. 2. Application. Resolved: That the rules as amended pursuant to this 
resolve apply to an application for a license as a pastoral counselor filed from April 1, 
2009 to June 1, 2009. Application materials that have been previously submitted to the 
Department of Professional and Financial Regulation, Office of Licensing and 
Registration, Board of Counseling Professionals Li,censure are not required to be 
resubmitted for new applications during this time period.' 
SUMMARY 
This amendment requires the Department of Professional and Financial Reguhition, 
Office of Licensing and Registration, Board of Counseling Professionals Licensure to 
amend its rules governing licensed pastoral counselors to allow the board to approve 
educational requirements in a nonaccredited program determined equivalent by the board. 
This amendment also removes the provision requiring retroactive application of this 
resolve and provides instead that the rule changes apply only for applications for 
licensure as a pastoral counselor filed from April 1, 2009 to June 1, 2009. It also 
provides that any application materials that have been previously submitted to the Board 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT'-A 
"to H.P. 7, L.D. 12 
of Counseling Professionals Licensure are not required to be resubmitted for new 
applications during this time period. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 02/20/09 Mac!. 
LD 12 
LR 227(02) 
Resolve, Directing the Department of Professional and Financial Regulation To Amend Its Rules 
Governing Pastoral Counselors 
Fiscal Note forUm as Amended by Committee Amendment'~" 
Committee: Business, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Additional costs to the Board of Counseling Professionals Licensure, Office of Licensing and Registration within the 
Department of Professional and Financial Regulation associated with amending its rules can be absorbed within 
existing budgeted resources. 
LR0227(02) - Fiscal Note - Page 1 of 1
An Act To Prohibit Air Bag Fraud
Maine Legislature, Session 124, LD 0014
Committee: Transportation
Sponsors: HINCK, DAMON, CRAFTS, DILL, FLEMINGS, HAYES, SIROIS, THIBODEAU, NASS
Amends: 29-A MRSA §2117

Legislative Document 
No. 14 
H.P.9 
House of Representatives, January 5, 2009 
An Act To Prohibit Air Bag Fraud 
Reference to the Committee on Transportation suggested and ordered printed. 
Presented by Representative HINCK of Portland. 
Cosponsored by Senator DAMON of Hancock and 
'17/~ 1J1. 7lldL:;:f~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CRAFTS of Lisbon, CRA Y of Palmyra, DILL of Cape Elizabeth, 
FLEMINGS of Bar Harbor, HAYES of Buckfield, SIROIS of Turner, THIBODEAU of 
Winterport, Senator: NASS of York. 
Printeu on recycled paper 
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Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 29-A MRSA §2117 is enacted to read: 
§2117. Air bag fraud 
1. Air bag fraud. A person may not, with intent to defraud another person, obtain 
property from that other person or a 3rd person by knowingly installing or reinstalling in 
a motor vehicle an object in lieu of an air bag that was designed in accordance with 
federal safety requirements as provided in 49 Code of Federal Regulations, Section 
571.208 (2007) and that is proper for the make, model and year of the vehicle as part of 
the vehicle's inflatable restraint system. 
2. Penalty. A violation of this section is a Class C crime, punishable by a $5,000 
fine and imprisonment of up to one year. 
SU~Y 
This bill creates the crime of air bag fraud, which is knowingly making an air bag 
inoperable for fraudulent purposes. 
) 
)
An Act To Expand the Diagnostic Functions of Independent Practice Dental Hygienists
Maine Legislature, Session 124, LD 0013
Committee: Business, Research and Economic Development
Sponsors: JONES, MILLS, KENT, LAJOIE, PERCY
Amends: 32 MRSA §1094-Q

MAINE STATE LEGISLATURE 
The following document is provided by the 
LAW AND LEGISLATIVE DIGITAL LIBRARY 
at the Maine State Law and Legislative Reference Library 
http://legislature.maine.gov/lawlib 
Reproduced from scanned originals with text recognition applied 
(searchable text may contain some errors and/or omissions) 
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STATE LAW LIBRARY 
AUGUSTA. MAINE 
124th MAl E LEGISLATURE 
Legislative Document 
No. 13 
H.P.8 
House of Representatives, January 5,2009 
An Act To Expand the Diagnostic Functions of Independent 
Practice Dental Hygienists 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Representative JONES of Mount Vernon. 
Cosponsored by Senator MILLS of Somerset and 
'-7Y/dt~d 1/1. 7ll1!£~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: KENT of Woolwich, LAJOIE of Lewiston, PERCY of Phippsburg. 
Printed 1111 recycled p;:)pCI' 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 32 MRS A §1094-Q, sub-§l, 'i/N, as enacted by PL 2007, c. 620, Pt. B, 
§ 1, is amended to read: 
N. 
Place temporary restorations in compliance with the protocol adopted by the 
board; aM 
Sec. 2. 32 MRSA §1094-Q, sub-§l, ~O, as enacted by PL 2007, c. 620, Pt. B, 
§ 1, is amended to read: 
O. Apply topical antimicrobials, excluding antibiotics, including fluoride, for the 
purposes of bacterial reduction, caries control and desensitization in the oral cavity. 
The independent practice dental hygienist shalI folIow current manufacturer's 
instructions in the use of these medicaments7; and 
Sec. 3. 32 MRSA §1094-Q, sub-§l, W is enacted to read: 
P. Perform x rays. 
An independent practice dental hygienist may own x-ray equipment. 
SUMMARY 
This bill expands the diagnostic functions of an independent practice dental hygienist 
by allowing an independent practice dental hygienist to perform x rays and to own x-ray 
equ i pment. 
) 
) 
)
An Act To Prohibit the Sale of a Road Sign Originally Placed by the State, a County or a Municipality
Maine Legislature, Session 124, LD 0015
Committee: Transportation
Sponsors: SCHATZ, DAMON, EATON, PILON
Amends: 23 MRSA §1154

Legislative Document 
No. IS 
H.P.I0 
House of Representatives, January 5,2009 
An Act To Prohibit the Sale of a Road Sign Originally Placed by the 
State, a County or a Municipality 
Reference to the Committee on Transportation suggested and ordered printed. 
Presented by Representative SCHATZ of Blue Hill. 
Cosponsored by Senator DAMON of Hancock and 
Representatives: EATON of Sullivan, PILON of Saco. 
Pril1l~L1 on recycled pap!!!' 
I1/lv~ /J7.1i!ILC~{ 
MILLICENT M. MacFARLAND 
Clerk 
) 
Be it enacted by the People ofthe State of Maine as follows: 
Sec. 1. 23 MRSA §1154 is enacted to read: 
§1154. Sale ofsigns prohibited 
A person may not sell or offer to sell a sign that had been placed by the State, a 
county or a municipality on a highway or street. A person who violates this section 
commits a Class E crime. 
SUMMARY 
This bill provides that a person may not sell or offer to sell a sign that had been 
placed by the State, a county or a municipality on a highway or street. A person who 
violates this provision commits a Class E crime. 
) 
)
An Act To Prohibit the Sale of Energy Drinks to Minors
Maine Legislature, Session 124, LD 0017
Committee: Health and Human Services
Sponsors: PENDLETON
Amends: 22 MRSA §2174

Legislative Document 
No. 17 
H.P.12 
House of Representatives, January 5,2009 
An Act To Prohibit the Sale of Energy Drinks to Minors 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative PENDLETON of Scarborough. 
PrintL:d on recycled paper 
I7/d~ /J1. 77ltU:1~{ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §2174 is enacted to read: 
§2174. Energy drinks 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Energy drink" means a soft drink that contains 80 or more milligrams of caffeine 
per 8 fluid ounces advertised as being specifically designed to provide energy and 
generally including a combination of methylxanthines, B vitamins and herbal 
ingredients. 
B. "Minor" means a person who has not attained 18 years of age. 
2. Prohibition. A person may not sell, furnish, give away or offer to sell, furnish or 
give away an energy drink in this State to a minor. 
3. Violation; A person who violates this section commits a civil violation for which 
a fine may be imposed under subsection 4. 
4. Fines. The fines under this subsection apply to violations of this section. 
A. A person who violates subsection 2 commits a civil violation for which a fine of 
$50 may be adjudged. 
B. A person who violates subsection 2 after having previously violated subsection 2 
commits a civil violation for which a fine of$100 may be adjudged. 
C. A person who violates subsection 2 after having previously violated subsection 2 
more than once commits a civil violation for which a fine of $500 may be adjudged. 
SUMMARY 
This bill prohibits the sale of energy drinks to minors. An energy drink is a soft drink 
specifically designed to provide energy that contains 80 or more milligrams of caffeine 
per 8 fluid ounces. 
) 
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)
An Act To Ensure Access to MaineCare Services
Maine Legislature, Session 124, LD 0018
Committee: Health and Human Services
Sponsors: BEAUDOIN, SCHNEIDER, BLODGETT, CAMPBELL, CONNOR, EATON, HOGAN, TREAT, WEAVER, CRAVEN
Amends: 22 MRSA §3174-L

Legislative Document 
No. 18 
H.P.13 
House of Representatives, January 5,2009 
An Act To Ensure Access to MaineCare Services 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative BEAUDOIN of Biddeford. 
Cosponsored by Senator SCHNEIDER of Penobscot and 
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117· 7IldC~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BLODGETT of Augusta, CAMPBELL of Newfield, CONNOR of 
Kennebunk, EATON of Sullivan, HOGAN of Old Orchard Beach, TREAT of Hallowell, 
WEAVER of York, Senator: CRAVEN of Androscoggin. 
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Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §3174-LL is enacted to read: 
§3174-LL. Practitioner incentives 
The depmiment shall provide incentives to practItioners through the rules of 
reimbursement for health care practitioners, as defined in section 1711-C, subsection 1, 
paragraph P, in the MaineCare program in order to increase the number of MaineCare 
members served by the practitioners. The depmiment shall adopt rules by January 1, 
2010 to provide increased reimbursement levels or other incentives for practitioners with 
a high proportion of patients who are MaineCare members. Rules adopted pursuant to 
this section are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This bill ensures access to MaineCare services by providing incentives for health care 
practitioners to serve MaineCare members. The incentives, which will be established by 
routine technical rulemaking that must be completed by January 1, 2010, may include 
reimbursement or other incentives. 
) 
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)
An Act To Require Insurance Companies To Cover the Cost of Prosthetics
Maine Legislature, Session 124, LD 0020
Committee Amendment CA_A_H748 (House)
Amends: 24-A MRSA §4315

COMMITTEE AMENDMENT "ft" to H.P. IS, L.D. 20, Bill, "An Act To Require 
Insurance Companies To Cover the Cost of Prosthetics" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Require Insurance Companies To Cover the Cost of Prosthetics 
Containing Microprocessors' 
Amend the bill by striking out evelything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 24-A MRSA §4315, sub-§6, as enacted by PL 2003, c. 459, § I and 
affected by §2, is amended to read: 
6. Exclusions. Coverage is not required pursuant to this section for a prosthetic 
device that contains a microprocessor or that is designed exclusively for athletic 
purposes. 
Sec. 2. Application. The requirements of this Act apply to all policies, contracts 
and celtificates executed, delivered, issued for delivery, continued or renewed in this 
State on or after January 1,20 II. For purposes of this Act, all contracts are deemed to be 
renewed no later than the next yearly anniversary of the contract date.' 
SUMMARY 
This amendment is the majority report of the committee and replaces the bill. Under 
current law, health insurance carriers are required to provide coverage for prosthetic 
devices, but coverage is not required for those devices containing a microprocessor. The 
amendment removes the exclusion for prosthetic devices that include a microprocessor. 
The amendment applies to insurance policies, contracts and certificates issued or renewed 
on or after January I, 20 II. 
Page I - 124LR0274(02)-1 
COMMITTEE AMENDMENT
Resolve, To Establish a Study Commission To Develop Legislation Designed To Prevent Domestic Violence and Abuse
Maine Legislature, Session 124, LD 0022
Committee: Judiciary
Sponsors: MacDONALD

MAINE STATE LEGISLATURE 
The following document is provided by the 
LAW AND LEGISLATIVE DIGITAL LIBRARY 
at the Maine State Law and Legislative Reference Library 
http://legislature.maine.gov/lawlib 
Reproduced from scanned originals with text recognition applied 
(searchable text may contain some errors and/or omissions) 
(~\ 
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,,~ 
STATE LAW LIBRARY 
AUGUSTA. MAINE 
124th MAINE LEGISLATU 
Legislative Document 
No. 22 
H.P.17 
House of Representatives, January 5,2009 
Resolve, To Establish a Study Commission To Develop Legislation 
Designed To Prevent Domestic Violence and Abuse 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representative MacDONALD of Boothbay. 
Primed 011 recycled paper 
'I1/l.-~ 1I7.1J?!I£~{ 
MILLICENT M. MacFARLAND 
Clerk 
) 
CONCEPT DRAFT 
SUMMARY 
This resolve is a concept draft pursuant to Joint Rule 208. 
This resolve proposes to establish a study commission that would: 
1. 
Review the various state and federal laws governing the confidentiality of 
personal information, including but not limited to laws governing the privacy of health 
records and financial information; and 
2. Propose measures that strike an appropriate balance between an individual's 
interest in preserving privacy and the community's interest in preventing domestic 
violence. 
) 
)
An Act To Amend the Laws Governing Powers of Attorney
Maine Legislature, Session 124, LD 0023
Committee: Judiciary
Sponsors: MacDONALD

MAINE STATE LEGISLATURE 
The following document is provided by the 
LAW AND LEGISLATIVE DIGITAL LIBRARY 
at the Maine State Law and Legislative Reference Library 
http://legislature.maine.gov/lawlib 
Reproduced from scanned originals with text recognition applied 
(searchable text may contain some errors and/or omissions) 
~~, 
( ) 
( 
~) 
STATf LAW LIBRARY 
.. AUGUSTA, MAINE 
124th MAINE ,LEGISLATURE 
FIRST REGULAR SESS'ION-20'09 
Legislative Document 
No. 23 
H.P.18 
House of Representatives, January 5,2009 
An Act To Amend the Laws Governing Powers of Attorney 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representative MacDONALD of Boothbay. 
Printed lIll n!c),clt!d !1;lpcr 
111~ 
1/1. 7l/tlC~{ 
MILLICENT M. MacFARLAND 
Clerk 
) 
Be it enacted by the People of the State of Maine as follows: 
CONCEPT DRAFT 
SUMMARY 
This bill is a concept draft pursuant to Joint Rule 208. 
This bill proposes to enact measures that would serve to revive or extend the duration 
of a power of attorney in instances in which the subject of the power of attorney is 
impaired. 
) 
) 
Page I - 124LR01l8(OI)-1
An Act To Prevent Domestic Violence and Abuse
Maine Legislature, Session 124, LD 0024
Committee: Judiciary
Sponsors: MacDONALD

Legislative Document 
No. 24 
H.P.19 
House of Representatives, January 5,2009 
An Act To Prevent Domestic Violence and Abuse 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representative MacDONALD of Boothbay. 
Prim cd on rccycleJ p:.tpcr 
'7Y/d!~ /J1. mfLC~ 
MILLICENT M. MacFARLAND 
Clerk 
) 
. Be it enacted by the People of the State of Maine as follows: 
CONCEPT DRAFT 
SUMMARY 
This bill is a concept draft pursuant to Joint Rule 208. 
The purpose of this bill is to aid communities in the prevention of domestic violence. 
This bill proposes to enact measures designed to authorize the limited release of certain 
confidential information, including but not limited to health records and financial records, 
to law enforcement personnel in order to prevent domestic violence. 
) 
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Page I - 124LR0117(Ol)-1
An Act To Protect Child Victims of Sexual Abuse
Maine Legislature, Session 124, LD 0025
Committee: judiciary
Sponsors: EDGECOMB, SHERMAN, AYOTTE, SUTHERLAND
Amends: 15 MRSA §1205

Legislative Document 
No. 25 
H.P.20 
House of Representatives, January 5, 2009 
An Act To Protect Child Victims of Sexual Abuse 
Reference to the Committee on judiciary suggested and ordered printed. 
Presented by Representative EDGECOMB of Caribou. 
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1J1.17!t1C;j~t4{ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Senator SHERMAN of Aroostook and 
Representatives: AYOTTE of Caswell, SUTHERLAND of Chapman. 
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Be it enacted by the People ofthe State of Maine as follows: 
Sec. 1. 15 MRSA §1205, sub-§2, as repealed and replaced by PL 1985, c. 495, § 1, is 
amended to read: 
2. Examination and cl"Oss-examination. Pursuant to order of cOUl1 made on such a 
motion, the statement is made under oath, subject to all of the rights of confrontation secured 
to an accused by the Constitution of Maine or the United States Constitution and the 
statement has been recorded by any means approved b)' the court, and is made in the presence 
of a iude:e or justice. ~ 
A. When the statement is testimonial, the statement is made under oath, subject to all 
rights of confrontation secured to an accused by the Constitution of Maine or the United 
States Constitution, and the statement has been recorded by any means approved by the 
court and is made in the presence of a judge or justice; or 
B. 
When the statement is not testimonial, the statement was made in circumstances 
having sufficient guarantees of trustworthiness, the person to whom the statement was 
made testifies in open court and the person to whom the statement was made is subject to 
all the rights of confrontation secured to an accused by the Constitution of Maine or the 
United States Constitution. 
SUMMARY 
This bill amends the law concerning the admissibility of out-of-court statements by 
certain victims of sexual assault in criminal prosecutions. 
This bill allows the admission of statements made by the victim to another person when 
the statements are not considered testimonial. 
The bill allows the person to whom the 
statement was made to repeat the statement in testimony in open court if the statement was 
made in circumstances having sufficient guarantees of trustworthiness, and the person 
testifying can be confronted and cross-examined as required under the Constitution of Maine 
or the United States Constitution. This will allow a child's therapist, for example, to whom 
the child disclosed the conduct to testify in court about the child's statement about that 
conduct, and the statement can be admitted as allowable hearsay. The therapist must be 
subject to cross-examination and all other rights secured to the accused. This bill applies to 
statements made by a victim who has a developmental disability as well as to children under 
years of age. Whether the circumstances have sufficient guarantees of trustworthiness is 
determined by the facts of each case. 
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Maine Legislature, Session 124, LD 0026
Committee: Labor
Sponsors: EDGECOMB, BOWMAN, AYOTTE, CLARK, EATON, JACKSON
Amends: 5 MRSA §285

Legislative Document 
No. 26 
H.P.21 
House of Representatives, January 5, 2009 
An ACt To Allow the Spouse of a Retired Public Employee a Second 
Chance To Be Enrolled under the Retiree's Insurance Plan 
Reference to the Committee on Labor suggested and ordered printed . 
Presented by Representative EDGECOMB of Caribou. 
Cosponsored by Senator BOWMAN of York and 
~~ 
111· mlLC~~ui 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: AYOTTE of Caswell, CLARK of Easton, EATON of Sullivan, Senator: 
JACKSON of Aroostook. 
Printed on rccyclt:u p;;lper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §285, sub-§3-B, ~A, as enacted by PL 2001, c. 641, §1, is 
amended to read: 
A. Upon retirement, the retiree may enroll a spouse and dependent or dependents for 
coverage under the plan effective on the date of retirement; 6f 
Sec. 2. 5 MRSA §285, sub-§3-B, ~, as enacted by PL 2001, c. 641, § 1, IS 
amended to read: 
B. 
Subsequent to retirement, the retiree may enroll a spouse and dependent or 
dependents for coverage under the plan if: 
(1) At the time of retirement, the retiree designated in writing the name of the 
spouse and dependent or dependents to be enrolled at a future date; and 
(2) The spouse and dependent or dependents can demonstrate· coverage for at 
least 18 months immediately prior to enrollment under another health insurance 
plan or can demonstrate that health insurance coverage for that person pursuant to 
the Consolidated Omnibus Budget Reconciliation Act of 1985 under a prior plan 
has been exhausted~.;..QI 
Sec. 3. 5 MRS A §285, sub-§3-B, EjfC is enacted to read: 
C. Subsequent to retirement, if the spouse of a retiree changes jobs or retires, the 
retiree may make a one-time election to enroll that spouse for coverage under the 
plan. 
SUMMARY 
This bill allows a retiree covered by the state group health insurance plan to enroll a 
spouse for coverage under that plan if the spouse changes jobs or retires. 
Page I - 124LR002S(Ol)-1 
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An Act To Amend the Definition of Employment for Purposes of Unemployment Compensation
Maine Legislature, Session 124, LD 0027
Committee: Labor
Sponsors: FLOOD
Amends: 26 MRSA §1043

Legislative Document 
No. 27 
H.P.22 
House of Representatives, January 5, 2009 
An Act To Amend the Definition of Employment for Purposes of 
Unemployment Compensation 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Representative FLOOD of Winthrop. 
Pril1ll!d l)1l recy,lctl IljJp~r 
711Jv~ 117· 1!l1LC;!-?tdMUl 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 26 MRSA §1043, sub-§l1, ,-E, as amended by PL 1979, c. 651, §45, is 
further amended to read: 
E. 
Services performed by an individual for remuneration shall be for a total of no 
less than 16 hours are deemed to be employment subject to this chapter unless and 
until it is shown to the satisfaction of the bureau that: 
(1) 
Such individual has been and will continue to be free from control or 
direction over the performance of such services, both under ffis the individual's 
contract of service and in fact; 
(2) Such service is either outside the usual course of the business for which such 
service is performed, or that such service is performed outside of all the places of 
business of the enterprise for which such service is performed; and 
(3) Such individual is customarily engaged in an independently established trade, 
occupation, profession or business. 
SU~Y 
Under current law, an employment relationship exists and unemployment insurance 
coverage is required unless all three parts of the so-called "ABC test" can be 
demonstrated. This bill limits application of the ABC test to situations in which the 
individual has performed services for a total of no less than 16 hours. 
) 
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