pem207/maine-bills huggingface dataset:
An Act To Include the Study of Franco-American History in the System of Learning Results
Maine Legislature, Session 124, LD 0422
Committee: Education and Cultural Affairs
Sponsors: BOLDUC, MARRACHE, ADAMS, AYOTTE, BEAUDOIN, BEAULIEU, BECK, BERRY, BICKFORD, BLANCHARD, CAIN, CAREY, CASAVANT, CLARK, CROCKETT, DOSTIE, DUCHESNE, FLAHERTY, GOODE, HASKELL, JOY, LAJOIE, MAGNAN, MARTIN, PIEH, PRATT, ROTUNDO, SIROIS, THERIAULT, THIBODEAU, TRINWARD, TUTTLE, WAGNER, CRAVEN, GOODALL, NUTTING, PERRY

Legislative Document 
No. 422 
H.P.310 
House of Representatives, February 10, 2009 
An Act To Include the Study of Franco-American History in the 
System of Learning Results 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
Presented by Representative BOLDUC of Aubum. 
Cosponsored by Senator MARRACHE of Kelmebec and 
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MILLICENT M. MacFARLAND 
Clerk 
Representatives: ADAMS of Portland, AYOTTE of Caswell, BEAUDOIN of Biddeford, 
BEAULIEU of Aubum, BECK of Waterville, BERRY of Bowdoinham, BICKFORD of 
AubulTI, BLANCHARD of Old Town, CAIN of Orono, CAREY of Lewiston, CASAVANT of 
Biddeford, CLARK of Millinocket, CORNELL du HOUX of Bnmswick, CROCKETT of 
Augusta, DOSTIE of Sabattus, DUCHESNE of Hudson, FLAHERTY of Scarborough, 
GILBERT ofJay, GOODE of Bangor, HASKELL of Portland, JOY of Crystal, LAJOIE of 
Lewiston, MAGNAN of Stockton Springs, MARTIN of Orono, MARTIN of Eagle Lake, PIEH 
of Bremen, PRATT of Eddington, ROTUNDO of Lewiston, SIROIS of Tumer, THERIAULT 
of Madawaska, THIBODEAU of Winterport, TRINWARD of Waterville, TUTTLE of 
Sanford, WAGNER of Lewiston, Senators: CRAVEN of Androscoggin, GOODALL of 
Sagadahoc, NUTTING of Androscoggin, PERRY of Penobscot. 
Printed on recycled pilper 
Be it enacted by the People ofthe State of Maine as follows: 
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Sec. 1. 20-A MRS A §4706, sub-§l, as amended by PL 2001, c. 403, §1, is 
further amended to read: 
1. 
American history. American history and civil government, including the 
Constitution of the United States, the Declaration of Independence, the importance of 
voting and the privileges and responsibilities of citizenship, must be taught in and 
required for graduation from all elementary and secondary schools, both public and 
private. Required components of American history include the study of Franco-American 
history and the study of the influence of French intellectual thought on American history, 
which must be included in the review of content standards and performance indicators of 
the system of learning results conducted in accordance with section 6209, subsection 4. 
SUMMARY 
This bill amends the law governing instruction in history in schools to require the 
inclusion of Franco-American history and the study of the influence of French intellectual 
thought on American history. 
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Page I - 124LR091S(Ol)-1
Resolve, Directing the Department of Education and the Department of Health and Human Services To Adopt Rules Requiring a Tetanus, Diphtheria and Pertussis Booster Vaccination in School-age Children
Maine Legislature, Session 124, LD 0424
Committee: Health and Human Services
Sponsors: CONNOR, BRANNIGAN, CLEARY, EATON, EVES, MILLER, PENDLETON, PERRY, PILON

FIRST REGULAR SESSIOr-~-2009 
Legislative Document 
No. 424 
H.P.312 
House of Representatives, Febmary 10, 2009 
Resolve, Directing the Department of Education and the 
Department of Health and Human Services To Adopt Rules 
Requiring a Tetanus, Diphtheria and Pertussis Booster Vaccination 
in School-age Children 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative CONNOR of Kennebunk. 
Cosponsored by Senator BRANNIGAN of Cumberland and 
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frl· 77!tU;-f~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CLEARY of Houlton, EATON of Sullivan, EVES of North Berwick, 
MILLER of Somerville, PENDLETON of Scarborough, PERRY of Calais, PILON of Sa co. 
PrinlCd on recycled puper 
Sec. 1. Booster for tetanus, diphtheria and pertussis; rules. Resolved: 
That the Department of Education and the Department of Health and Human Services 
shall jointly adopt rules setting requirements for administering a booster vaccination for 
tetanus, diphtheria and pertussis for school-age children. Rules adopted pursuant to this 
section are routine technical rules as defined in the Maine Revised Statutes, Title 5, 
chapter 375, subchapter 2-A. 
SUMMARY 
This resolve directs the Department of Education and the Department of Health and 
Human Services to jointly adopt rules setting requirements for a tetanus, diphtheria and 
pertussis booster vaccination to be given to school-age children. 
Page I - 124LRI611(OI)-1 
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An Act To Provide a Safe Sleeping Environment for Children with Disabilities To Enable Them To Remain in Their Homes
Maine Legislature, Session 124, LD 0423
Committee: Health and Human Services
Sponsors: CLARK, SMITH, DAVIS
Amends: 22 MRSA §3174-L

Legislative Document 
No. 423 
H.P.311 
House of Representatives, February 10, 2009 
An Act To Provide a Safe Sleeping Environment for Children with 
Disabilities To Enable Them To Remain in Their Homes 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative CLARK of Millinocket. 
Cosponsored by Senator SMITH of Piscataquis and 
Representative: DAVIS of Sangerville. 
Printed on recycled paper 
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MILLICENT M. MacFARLAND 
Clerk 
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. MaineCare reimbursement for certain durable medical equipment 
1. Reimbursement provided. The department shall provide reimbursement under 
MaineCare for durable medical equipment that provides a safe sleeping environment for 
individuals under 18 years of age if: 
A. The durable medical equipment is necessary to correct or ameliorate a behavioral 
health condition; 
B. The durable medical equipment is the least restrictive alternative for the treatment 
of the behavioral health condition; 
C. The durable medical equipment is approved on a case-by-case basis by a review 
team composed of the same representatives as the team conducting children's 
behavioral treatment reviews under Title 34-B, section 5605, subsection 13, 
paragraph B, subparagraph (3); and 
D. The department determines that the durable medical equipment is cost-effective in 
comparison to the provision of other covered services or equipment that can 
sufficiently correct or ameliorate the behavioral health condition. 
2. Rules. The department may adopt rules as necessary to implement this section. 
. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5,-
chapter 375, subchapter 2-A. 
SUMMARY 
This bill requires the Department of Health and Human Services to provide 
MaineCare reimbursement for durable medical equipment that will provide a safe 
sleeping environment for individuals under 18 years of age if the equipment is: necessary 
to correct or ameliorate a behavioral health condition; the least restrictive alternative for 
the treatment of that condition; approved on a case-by-case basis by a review team 
specified in the bill; and cost-effective in comparison to other covered services or 
equipment for correction or amelioration of the condition. The bill authorizes the 
department to adopt routine technical rules as necessary to implement this proposed 
section oflaw. 
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An Act To Provide a Safe Sleeping Environment for Children with Disabilities To Enable Them To Remain in Their Homes
Maine Legislature, Session 124, LD 0423
Committee Amendment CA_A_H88 (House)
Amends: 34-B MRSA §5605

COMMITTEE AMENDMENT "A" to H.P. 311, L.D. 423, BilI, "An Act To 
Provide a Safe Sleeping Environment for Children with Disabilities To Enable Them To 
Remain in Their Homes" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the folIowing: 
'Sec. 1. 34-B MRSA §5605, sub-§14-D is enacted to read: 
14-D. Reimbursement provided. Notwithstanding any other provision of law, the 
department shalI provide reimbursement within available resources for durable medical 
equipment that provides a safe sleeping environment for individuals under 16 years of 
age if: 
A. The durable medical equipment is necessary to correct or ameliorate a behavioral 
health condition; 
B. The durable medical equipment is the least restrictive alternative for the treatment 
of the behavioral health condition; 
C. The durable medical equipment is approved on a case-by-case basis by a review 
team composed of the same representatives as the team conducting children's 
behavioral treatment reviews under subsection 13, paragraph B, subparagraph (3); 
and 
D. The department determines that the durable medical equipment is cost-effective in 
comparison to the provision of other covered services or equipment that can 
sufficiently correct or ameliorate the behavioral health condition. 
The department may adopt niles as necessary to implement this subsection. 
Rules 
adopted pursuant to this subsection are routine technical niles as defined in Title 5, 
chapter 375, subchapter 2-A.' 
COMMITTEE AMENDMENT 
ft. @I S. 
COMMITTEE AMENDMENT 'A "to H.P. 311, L.D. 423 
SUMMARY 
This amendment changes the requirement to fund certain durable medical equipment 
from a MaineCare requirement to a requirement that the Department of Health and 
Human Services fund it within available resources. It also lowers the maximum eligible 
age to under 16. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 04/03/09 
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LD423 
LR 1055(02) 
An Act To Provide a Safe Sleeping Environment for Children with Disabilities To Enable Them To 
Remain in Their Homes 
Fiscal Detail and Notes 
Fiscal Note for BiU as Amended by Committee Amendment ,A" 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
The additional costs to adopt rules regarding funding certain durable medical equipment within available funds can be 
absorbed by the DepartmentofHealth and Human Services utilizing existing budgeted resources. 
LR1055(02) - Fiscal Note - Page 1 of 1
An Act To Allow Stepparents To Take Certain Actions with Respect to Their Stepchildren
Maine Legislature, Session 124, LD 0426
Committee: Judiciary
Sponsors: CLARK

Legislative Document 
No. 426 
H.P.314 
House of Representatives, Febmary 10, 2009 
An Act To Allow Stepparents To Take Certain Actions with Respect 
to Their Stepchildren 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representative CLARK of Millinocket. 
PrilUt.:L1 on recycled p3pt!r 
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MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People ofthe State of Maine as follows: 
CONCEPT DRAFT 
SUMMARY 
This bill is a concept draft pursuant to Joint Rule 208. 
This bill proposes to establish a simple process by which a stepparent can be 
authorized to: 
1. Make decisions about education for the stepchild; 
2. Make decisions regarding medical care for the stepchild; 
3. Request and receive medical and school records; and 
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4. Attend school parent-teacher meetings and pupil evaluation team meetings~ 
Page I -124LR0835(Ol)-1 
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An Act To
Maine Legislature, Session 124, LD 0428
Committee Amendment CA_A_H212 (House)

COMMITTEE AMENDMENT "A" to H.P. 316, L.D. 428, Bill, "An Act To 
Amend the Intestate Succession and Wills Laws Concerning Wrongful Death" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Amend the Laws Concerning Wrongful Death' 
Amend the bill in section I in subsection (b) in the 5th line from the end (page 1, line 
in L.D.) by striking out the following: "$75,000, provided that $250,000 ·if the action 
is" and inserting the following: '$75,000, provided that the action is $250,000. An action 
under this section must be' 
Amend the bill by striking out all of section 2. 
SUMMARY 
This amendment ensures that the 2-year statute of limitations applies to all wrongful 
death actions, not just those actions for punitive damages as implied in the bill. This 
amendment includes the increase of the cap on punitive damages from $75,000 to 
$250,000. 
This amendment deletes section 2 of the bill, which specified that claims for 
pecuniary losses are not lost by the death of either party. 
This amendment changes the title of the bill to reflect these changes. 
Page I - 124LR1653(02)-1 
. COMMITTEE AMENDMENT
An Act To Require School Bus Drivers and School Bus Attendants To Report Suspec~ed Child Abuse
Maine Legislature, Session 124, LD 0427
Committee: judiciary
Sponsors: EATON, CLEARY, CONNOR, HUNT, LANGLEY, MILLER, PENDLETON, TREAT
Amends: 22 MRSA §4011-A

f1'IRS'l' J{Jl£GULAK SJ£SSION-2009 
Legislative Document 
No. 427 
H.P.315 
House of Representatives, Febmary 10,2009 
An Act To Require School Bus Drivers and School Bus Attendants 
To Report Suspec~ed Child Abuse 
Reference to the Committee on judiciary suggested and ordered printed. 
Presented by Representative EATON of Sullivan. 
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MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: CLEARY of Houlton, CONNOR of Kennebunk, HUNT of 
Buxton, LANGLEY of Ellsworth, MILLER of Somerville, PENDLETON of Scarborough, 
TREAT of Hallowell. 
Printed on recycled p .. per 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §4011-A, sub-§l, ~A, as amended by PL 2007, c. 577, §6, is 
further amended to read: 
A. When acting in a professional capacity: 
(1) An allopathic or osteopathic physician, resident or intern; 
(2) An emergency medical services person; 
(3) A medical examiner; 
(4) A physician's assistant; 
(5) A dentist; 
(6) A dental hygienist; 
(7) A dental assistant; 
(8) A chiropractor; 
(9) A podiatrist; 
(10) A registered or licensed practical nurse; 
(11) A teacher; 
(12) A guidance counselor; 
(13) A school official; 
(14) A children's summer camp administrator or counselor; 
(15) A social worker; 
(16) A court-appointed special advocate or guardian ad litem for the child; 
(17) A homemaker; 
(18) A home health aide; 
(19) A medical or social service worker; 
(20) A psychologist; 
(21) Child care personnel; 
(22) A mental health professional; 
(23) A law enforcement official; 
(24) A state or municipal fire inspector; 
(25) A municipal code enforcement official; 
(26) A commercial film and photographic print processor; 
(27) 
A clergy member acquiring the information as a result of clerical 
professional work except for information received during confidential 
communications; 
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(28) A chair of a professional licensing board that has jurisdiction over mandated 
reporters; 
(29) A humane agent employed by the Department of Agriculture, Food and 
Rural Resources; 
(30) A sexual assault counselor; i!ild 
(31) A family or domestic violence victim advocate; and 
(32) A school bus driver or school bus attendant; 
SUMMARY 
This bill requires school bus drivers and school bus attendants to report, or cause a 
report to be made, to the Department of Health and Hmpan Services if they suspect child 
abuse or neglect has occurred or is likely to occur.
An Act To Increase Retail Sales of Wine
Maine Legislature, Session 124, LD 0429
Committee: Legal and Veterans Affairs
Sponsors: PENDLETON
Amends: 28-A MRSA §1205

Legislative Document 
No. 429 
H.P.317 
House of Representatives, February 10,2009 
An Act To Increase Retail Sales of Wine 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Representative PENDLETON of Scarborough. 
Printed on recycleJ ~ap~r 
Il)dt~ 1/1. 7J?t1C~{ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 28-A MRSA §1205, sub-§2, ~, as enacted by PL 1989, c. 488, is 
repealed. 
SUMMARY 
This bill repeals the limitation that a wine tasting for an off-premise establishment 
may only be held once a calendar month. 
Page I - 124LR1331(Ol)-1 
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An Act To Allow the Licensing of Mini bars in Hotel Rooms
Maine Legislature, Session 124, LD 0430
Committee Amendment CA_A-HA_A_H290 (House)

HOUSE AMENDMENT "f}" to COMMITTEE AMENDMENT "A" to H.P. 318, 
L.D. 430, Bill, "An Act To Allow the Licensing of Mini bars in Hotel Rooms" 
Amend the amendment by striking out all of section 3 and inserting the following: 
'Sec. 3. Implementation. The Department of Public Safety shall implement the 
provisions of this Act using existing departmental personnel and resources.' 
SUMMARY 
This amendment requires the Department of Public Safety to implement the 
provisions of this Act using departmental personnel arichesources. 
SPONSORED BY~7~ 
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(Representative TRINW ARD) 
TOWN: Waterville 
FISCAL :\OTE REQuIRED 
C8.ee attach~d) 
HOUSE AMENDMENT 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
Approved: 05/13/09 frae 
124th MAIN·E LEGISLATURE 
LD430 
LR 340(05) 
An Act To Allow the Licensing of Minibars in Hotel Rooms 
Fiscal Note for House Amendment ,'14, 
Sponsor: Rep. Trinward of Waterville 
Fiscal Note Required: Yes 
Fiscal Note 
2009-10 
2010-11 
($154,841) 
($135,958) 
($154,841) 
($135,958) 
Projections 
2011-12 
($139,847) 
($139,847) 
Projections 
2012-13 
($143,857) 
($143,857) 
This amendment provides for the Department of Public Safety to implement the bill within existing personnel and 
budgeted resources. The General Fund appropriation required by the Department of Public Safety has been 
eliminated. 
LR0340(05) - Fiscal Note - Page I of I 
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An Act To Make the Site Location of Development Laws More Development Friendly
Maine Legislature, Session 124, LD 0431
Committee: Natural Resources
Sponsors: FINCH
Amends: 38 MRSA §482

Legislative Document 
No. 431 
H.P.319 
House of Representatives, February 10, 2009 
An Act To Make the Site Location of Development Laws More 
Development Friendly 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative FINCH of Fairfield. 
Primed un recycled prlpcr 
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MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People ofthe State of Maine as follows: 
Sec. 1. 38 MRSA §482, sub-§6, ,s, as amended by PL 1993, c. 383, §18 and 
affected by §42, is further amended to read: 
B. 
Buildings, parking lots, roads, paved areas, wharves or areas to be stripped or 
graded and not to be revegetated that cause a total project to occupy a ground area in 
excess of 3 acres. Stripped or graded areas that are Ret revegetated within a calendar 
year 10 years of being stripped or graded are not included in calculating the 3-acre 
threshold. 
SUMMARY 
The site location of development laws currently require state review of any proposed 
structure that would result in a total project occupying a ground area in excess of 3 acres. 
This 3-acre threshold for review includes areas that are stripped or graded and not 
revegetated within one calendar year. This bill extends from one year to 10 years the 
amount of time a developer has to revegetate stripped or graded areas before those areas 
can be included in calculating the 3-acre site law review threshold. 
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An Act To Reinstate Rules Requiring Inspection of Chimneys upon the Sale or Transfer of Property
Maine Legislature, Session 124, LD 0433
Committee: Criminal Justice and Public Safety
Sponsors: ROSEN, COURTNEY, CELLI, CHASE, HOGAN

Legislative Document 
No. 433 
H.P.321 
House of Representatives, Febmary 10, 2009 
An Act To Reinstate Rules Requiring Inspection of Chimneys upon 
the Sale or Transfer of Property 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative ROSEN of BuckspOli. 
Cosponsored by Senator COURTNEY of York and 
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MILLICENT M. MacFARLAND 
Clerk 
Representatives: CELLI of Brewer, CHASE of Wells, HOGAN of Old Orchard Beach. 
Printed Oil n:cyclcd pilpcr 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 25 MR.SA §2465, sub-§l-B, as enacted by PL 2005, c. 571, §1, IS 
amended to read: 
1-B. Major substantive rules. The Commissioner of Public Safety may adopt rules 
requiring maintenance of chimneys, fireplaces, vents and solid fuel burning appliances 
and inspection of ohimneys, fireplaces, vents and solid fuel burning appliances upon the 
sale or transfer of property and shall adopt rules requiring inspection of chimneys upon 
the sale or transfer of property. Rules adopted pursuant to this subsection are major 
substantive rules as defined in Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
II 
Current law allows the Commissioner of Public Safety to adopt rules requiring the 
maintenance and inspection of chimneys, fireplaces, vents and solid fuel burning 
appliances upon the sale or transfer of property. The rules of the Department of Public 
Safety, Office of the State Fire Marshal were recently amended to remove the 
requirement of inspection of existing chimneys upon the sale and transfer of property. 
This bill amends the law to require the adoption of rules requiring the inspection of 
chimneys upon the sale or transfer of property. 
Page I - 124LR0706(OI)-1 
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Resolve, Directing the Department of Transportation To Install a Traffic Light at an Intersection in Sabattus
Maine Legislature, Session 124, LD 0435
Committee: TranspOliation
Sponsors: DOSTIE, NUTTING, BERRY, BICKFORD, BOLDUC, HANLEY, LAJOIE, SIROIS, VAN WIE

Legislative Document 
No. 435 
H.P.323 
House of Representatives, February 10,2009 
Resolve, Directing the Department of Transportation To Install a 
Traffic Light at an Intersection in Sabattus 
Reference to the Committee on TranspOliation suggested and ordered printed. 
Presented by Representative DOSTIE of Sabattus. 
Cosponsored by Senator NUTTING of Androscoggin and 
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MILLICENT M. MacFARLAND 
Clerk 
Representatives: BERRY of Bowdoinham, BICKFORD of Auburn, BOLDUC of Auburn, 
HANLEY of Gardiner, LAJOIE of Lewiston, SIROIS of Turner, VAN WIE of New 
Gloucester. 
Printcd on rccycled paper 
Sec. 1. Resolved: That the Depal1ment of Transp0l1ation shall install a traffic 
signal at the intersection of Route 132 and Route 126 where they connect to Pleasant Hill 
Road in the Town of Sabattus. 
SUMMARY 
This resolve directs the Department of Transportation to install a traffic signal at the 
intersection of Route 132 and Route 126 where they connect to Pleasant Hill Road in the 
Town of Sabattus. 
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An Act To Include Trucks in the Definition of "Low-speed Vehicle
Maine Legislature, Session 124, LD 0436
Committee Amendment CA_A_H24 (House)
Amends: 29-A MRSA §101

COMMITTEE AMENDMENT '"A" to H.P. 324, L.D. 436, Bill, "An Act To 
Include Trucks in the Definition of "Low-speed Vehicle"" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. L 29-A MRSA §101, sub-§32-A, as affected by PL 2003, c. 614, §9 and 
repealed and replaced by c. 688, Pt. B, §8 and affected by §9, is amended to read: . 
32-A. Low-speed vehicle. 
"Low-speed vehicle" means a 4-wheeled automobile 
motor vehicle that is able to attain a speed of at least 20 miles per hour but not more than 
miles per hour and does not exceed 1,800 is less than 3,000 pounds in unloaded 
weight. "Low-speed vehicle" does not include an ATV as defined in Title 12, section 
13001. 
A low-speed vehicle must be originally manufactured and maintained in 
accordance with the Federal Motor Vehicle Safety Standards as a low-speed vehicle 
pursuant to 49 Code of Federal Regulations, Section 571.500, as amended.' 
SUMMARY 
The bill amends the definition of "low-speed vehicle" to mean a 4-wheeled motor 
vehicle so that it includes trucks as well as automobiles. 
This amendment retains language regarding A TVs to clarifY that low-speed vehicles 
do not include ATVs. This amendment also increases the weight limit for low-speed 
vehicles to the maximum permitted by federal rule. 
FISCAL NOTE REQUIRED 
(See attached) 
Page I - 124LROI63(02)-1 
COMMITTEE AMENDMENT 
Approved: 03/24/09 
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LD436 
LR 163(02) 
An Act To Include Trucks in the Definition of "Low-speed Vehicle" 
Fiscal Note for Bill as Amended by Committee Amendment 'A" 
Committee: Transportation 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
May increase the number of traffic infractions. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
LR0163(02) - Fiscal Note - Page I of 1 
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An Act To Require a Person under 18 Years of Age To Wear a Helmet While on a Motorcycle
Maine Legislature, Session 124, LD 0437
Committee: Transportation
Sponsors: CAIN, GERZOFSKY, BERRY, MAZUREK, PINGREE, ROTUNDO, SUTHERLAND, BARTLETT, DAMON
Amends: 29-A MRSA §2083

FIRST P.£GULAR SESSION-2009 
Legislative Document 
No. 437 
H.P.325 
House of Representatives, February 10,2009 
An Act To Require a Person under 18 Years of Age To Wear a 
Helmet While on a Motorcycle 
Reference to the Committee on Transportation suggested and ordered printed. 
Presented by Representative CAIN of Orono. 
Cosponsored by Senator GERZOFSKY of Cumberland and 
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MILLICENT M. MacFARLAND 
Clerk 
Representatives: BERRY of Bowdoinham, MAZUREK of Rockland, Speaker PINGREE of 
North Haven, ROTUNDO of Lewiston, SUTHERLAND of Chapman, Senators: BARTLETT 
of Cumberland, DAMON of Hancock. 
Printcd on recycled pilpcr 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 29-A MRS A §2083, sub-§I, -ITA, as amended by PL 2005, c. 577, §33, is 
further amended to read: 
A. 
If under .l-§. II years of age, a passenger on a motorcycle or in an attached side 
car; 
Sec. 2. 29-A MRS A §2083, sub-§I, GffB, as amended by PL 2005, c. 577, §33, is 
further amended to read: 
B. 
If under.l-§.ll years of age, an operator of an off road ~ motorcycle; 
Sec. 3. 29-A MRSA §2083, sub-§2, as amended by PL 2005, c. 577, §33, is 
further amended to read: 
2. Compliance. An operator of a motorcycle, parent or guardian may not allow a 
passenger under the age of.l-§.ll years to ride in violation of this section. 
SUMMARY 
This bill changes the age under which a motorcycle operator or passenger is required 
to wear protective headgear from under 15 years of age to under 18 years of age. This 
change would bring the headgear requirements for motorcycle operators or passengers 
into conformity with the headgear requirements for snowmobile ope~ators or passengers 
on trails funded by the Snowmobile Trail Fund and A TV operators or passengers. 
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An Act To Include Trucks in the Definition of "Low-speed Vehicle
Maine Legislature, Session 124, LD 0436
Committee: TranspOliation
Sponsors: THERIAULT, JACKSON, AYOTTE, BROWNE, CLEARY, GILES, HARLOW, HOGAN, MARTIN, ROSEN
Amends: 29-A MRSA §101

Legislative Document 
No. 436 
H.P.324 
House of Representatives, February 10,2009 
An Act To Include Trucks in the Definition of "Low-speed Vehicle" 
Reference to the Committee on TranspOliation suggested and ordered printed. 
Presented by Representative THERIAULT of Madawaska. 
Cosponsored by Senator JACKSON of Aroostook and 
7Y/~ 
/J1.17!{}£~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: AYOTTE of Caswell, BROWNE of Vassalboro, CLEARY of Houlton, 
GILES of Belfast, HARLOW of Portland, HOGAN of Old Orchard Beach, MARTIN of Eagle 
Lake, ROSEN of BuckspOli. 
Printed 011 recyded PiJper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 29-A MRSA §101, sub-§32-A, as affected by PL 2003, c. 614, §9 and 
repealed and replaced by c. 688, Pt. B, §8 and affected by §9, is amended to read: 
32-A. Low-speed vehicle. "Low-speed vehicle" means a 4-wheeled automobile 
motor vehicle that is able to attain a speed of at least 20 miles per hour but not more than 
miles per hour and does not exceed 1,800 pounds in unloaded weight. "Lov.' speed 
vehicle" does not include an l\TV as defined in Title 12, section 13001. A low-speed 
vehicle must be originally manufactured and maintained in accordance with the Federal 
Motor Vehicle Safety Standards as a low-speed vehicle pursuant to 49 Code of Federal 
Regulations, Section 571.500, as amended. 
SUMMARY 
This bill amends the definition of "low-speed vehicle" to mean a 4-wheeled motor 
vehicle so that it includes trucks as well as automobiles. This bill removes language 
regarding ATV s, since the definition of "motor vehicle" already excludes ATV s. 
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An Act To Establish the Crime of Motor Vehicle Violation Resulting in Death
Maine Legislature, Session 124, LD 0441
Committee Amendment CA_A-HA_A_H185 (House)

HOUSE AMENDMENT "~,, to COMMITTEE AMENDMENT "A" to H.P. 329, 
L.D. 441, Bill, "An Act To Establish the Crime of Motor Vehicle Violation Resulting in 
Death" 
Amend the amendment in subsection 3 in the last line (page 1, line 25 in amendment) 
by inserting after the following: "suspension of' the following: 'no less than 14 days and' 
SUMMARY 
This amendment imposes a minimum period oflicense suspension of 14 days. 
SPONSORED BY: t.~j#. ?l1..t,3~' 
(Representative MAZUREK) 
TOWN: Lewiston 
HOUSE AMENDMENT
An Act Regarding Exceptions to the Maine Uniform Building and Energy Code
Maine Legislature, Session 124, LD 0440
Committee: Business, Research and Economic Development
Sponsors: CROCKETT, BURNS, DAVIS, JOHNSON, SARTY, SYKES
Amends: 10 MRSA §9724

Legislative Document 
No. 440 
H.P.328 
House of Representatives, Febmary 10, 2009 
An Act Regarding Exceptions to the Maine Uniform Building and 
Energy Code 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Representative CROCKETT of Bethel. 
'7I1dt~ 1/1. 11ltl£~{ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: BURNS of Whiting, CORNELL du HOUX of Bmnswick, 
DAVIS of Sangerville, JOHNSON of Greenville, SARTY of Denmark, SYKES of Han is on. 
PrintcU on rccydct.1 pup!.!!" 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 10 MRSA §9724, sub-§4, as enacted by PL 2007, c. 699, §6, is amended 
to read: 
...... 4. Exception. This section does not prohibit the adoption or enforcement of an 
ordinance of any political subdivision that sets forth provisions for local enforcement of 
building codes. The requirements of the Maine Uniform Building and Energy Code do 
not apply to: 
A. Log homes or manufactured housing as defined in chapter 951; er 
B. Post and beam or timber frame construction~~ 
C. Residential single family and 2-unit homes. 
SUMMARY 
This bill adds residential single family and 2-unit homes to the list of structures that 
are exempt from the requirements of the Maine Uniform Building and Energy Code. 
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An Act To Promote Small Business in Rural Maine by Expanding Game Hunting Opportunities
Maine Legislature, Session 124, LD 0438
Committee: Agriculture, Conservation and Forestry
Sponsors: TARDY, CUSHING, PLOWMAN
Amends: 7 MRSA §1342

FIRST P..EGULAR SESSION-2009 
Legislative Document 
No. 438 
H.P.326 
House of Representatives, February 10, 2009 
An Act To Promote Small Business in Rural Maine by Expanding 
Game Hunting Opportunities 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
Presented by Representative TARDY of Newport. 
'I7l~d; 1I1.17/iI/;~{ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representative: CUSHING of Hampden, Senator: PLOWMAN of Penobscot. 
Printcu un recyclcu pi1pcr 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 7 MRSA §1342, 2nd err, as enacted by PL 1999, c. 765, §3, is amended to 
read: 
The Commissioner commissioner may issue a license under this chapter only to a 
person who operated a commercial large game shooting area during the period beginning 
October 1, 1999 and ending March 15, 2000 and only for lar2'e 2'ame offered for 
harY6stin2' within that area durm2' that time Deriod. 
Sec. 2. 7 MRS A §1342, sub-§9, erre, as enacted by PL 1999, c. 765, §3, is 
amended to read: 
C. 
By submitting other acceptable verification as determined by the commissioner, 
11-
including such ilifonnation requited-by the commissioner to establish the type of 
large game harvested or offered for har,resting in that shooting area behveen October 
1. 1999 and March 15. 2000. 
SUMMARY 
This bill removes the restriction on commercial large game shooting area licenses 
that allows hunting only for large game species that were offered for hunting in those 
areas between October 1, 1999 and March 15, 2000. 
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An Act To Establish the Crime of Motor Vehicle Violation Resulting in Death
Maine Legislature, Session 124, LD 0441
Committee: Climinal Justice and Public Safety
Sponsors: CROCKETT, BLODGETT, BROWNE, CLARK, DAVIS, MAGNAN, SMITH, DIAMOND
Amends: 29-A MRSA §2413-A

Legislative Document 
No. 441 
H.P.329 
House of Representatives, February 10, 2009 
An Act To Establish the Crime of Motor Vehicle Violation Resulting 
in Death 
Reference to the Committee on Climinal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative CROCKETT of Augusta. 
'111~ 1/1. 77!t2C~{ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: BLODGETT of Augusta, BROWNE of Vassalboro, CLARK 
of Millinocket, DAVIS of Sangerville, HASKELL ofPOliland, MAGNAN of Stockton 
Springs, SMITH of Monmouth, Senator: DIAMOND of Cumberland. 
Printed lHl recycled puper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 29-A MRSA §2413-A is enacted to read: 
) 
§2413-A. Motor vehicle violation resulting in death 
1. Offense. A person commits the Class D crime of motor vehicle violation resulting 
in death if that person, while operating a motor vehicle and committing a traffic 
infraction, causes the death of another person. Violation of this section is a strict liability 
crime as defined in Title 17-A, section 34, subsection 4-A. 
2. Pleading and proof. The State must prove that the defendant's committing a 
traffic infraction while operating a motor vehicle caused the death under subsection 1. 
The court shall apply Title 17-A, section 33 in assessing any causation under this section. 
SUMMARY 
This bill creates the Class D strict liability crime of motor vehicle violation resulting 
in death. A person commits the crime if that person, while operating a motor vehicle and 
committing a traffic infraction, causes the death of another person. 
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An Act To Establish the Crime of Motor Vehicle Violation Resulting in Death
Maine Legislature, Session 124, LD 0441
Committee Amendment CA_A_H78 (House)

COMMITTEE AMENDMENT" f}" to H.P. 329, L.D. 441, Bill, "An Act To 
Establish the Crime of Motor Vehicle Violation Resulting in Death" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Establish the Civil Violation of Motor Vehicle Violation Resulting in 
Death' 
Amend the bill in section 1 in §2413-A in subsection 1 in the first line (page 1, line 4 
in L.D.) by striking out the following: "the Class D crime" and inserting the following: 
'the civil violation' 
. 
Amend the bill in section 1 in §2413-A in subsection 1 in the 3rd and 4th lines (page 
1, lines 6 and 7 in L.D.) by striking out the following: "Violation of this section is a strict 
liability crime as defined in Title 17-A, section 34, subsection 4-A." 
Amend the bill by in section 1 in §2413-A by inserting after subsection 2 the 
following: 
'3. Penalties. A person who violates this section commits a civil violation for which 
a fine of not more than $5,000 may be adjudged. Any portion of the fine adjudged may be 
satisfied by a court-ordered requirement of community service work. The court shall also 
impose a license suspension of up to 4 years.' 
SUMMARY 
This amendment is the majority report. Instead of creating a new crime, it establishes 
the civil violation of motor vehicle violation resulting in death. A person commits the 
civil violation if the person, while operating a motor vehicle and committing a traffic 
COMMITTEE AMENDMENT 
~.®\'. 
COMMITTEE AMENDMENT" A 
"to H.P. 329, L.D. 441 
infraction, causes the death of another person. The penalty for this violation is a 
mandatory license suspension of up to 4 years and may also include a fine not to exceed 
$5,000 and community service work. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 04/03/09 frac.. 
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LD441 
LR 846(02) 
An Act To Establish the Crime of Motor Vehicle Violation Resulting in Death 
Fiscal Note for Bill as Amended by Committee Amendment ,A" 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increases the number of civil violations. 
The collection of additional fees may also increase General Fund revenue by minor amounts. 
LR0846(02) - Fiscal Note - Page 1 of 1
An Act To Increase the Jurisdictional Limit for Small Claims
Maine Legislature, Session 124, LD 0443
Committee: JUdiciary
Sponsors: CLEARY, BRANNIGAN, CONNOR, EATON, HILL, KRUGER, STEVENS
Amends: 14 MRSA §7482

Legislative Document 
No. 443 
H.P.331 
House of Representatives, Febmary 10, 2009 
An Act To Increase the Jurisdictional Limit for Small Claims 
Reference to the Committee on JUdiciary suggested and ordered printed . 
Presented by Representative CLEARY of Houlton. 
Cosponsored by Senator BRANNIGAN of Cumberland and 
. 17/j;~ 1J1.1J?tU~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CONNOR of Kemlebunk, CRA Y of Palmyra, EATON of Sullivan, HILL of 
York, KRUGER of Thomaston, PRIEST ofBnmswick, STEVENS of Bangor. 
PrintcJ Ull recycled papt:!' 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 14 MRSA §7482, as amended by PL 1997, c. 23, §1, is further amended to 
read: 
§7482. Definition of a small claim 
A "small claim" means a right of action cognizable by a court if the debt or damage 
does not exceed WOO $10,000 exclusive of interest and costs. It does not include an 
action involving the title to real estate. 
The filing fee for an action brought under this section with a claim of damage of up to 
$4,500 is $50. The filing fee for an action brought under this section with a claim of 
damage over $4,500 to $10,000 is $120. 
Effective July 1, 1997 ;md every 4 years after that date, the joint standing committee 
of the Legislature having jurisdiction over judiciary matters shaIl review the monetary 
limit on smaIl claims actions and the Judicial Department shall periodically provide 
information and comments on the monetary limit on smaIl claims actions to that 
comm ittee. 
SUMMARY 
This bill increases the jurisdictional limit for small claims damages from $4,500 to 
$10,000 and increases the filing fee for small claims actions for damages over $4,500 to 
$120. 
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An Act To Allow a Verdict in a Criminal Trial To Be Considered a De Minimis Infraction
Maine Legislature, Session 124, LD 0444
Committee: Judiciary ,suggested and
Sponsors: CLEARY, BEAUDETTE, EATON, HINCK, SMITH, THERIAULT, GERZOFSKY, JACKSON

Legislative Document 
No. 444 
H.P.332 
House of Representatives, February 10,2009 
An Act To Allow a Verdict in a Criminal Trial To Be Considered a 
De Minimis Infraction 
Reference to the Committee on Judiciary ,suggested and ordered printed. 
Presented by Representative CLEARY of Houlton. 
17lA-~ 1/1. 11l1lC~{ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: BEAUDETTE of Biddeford, CRA Y of Palmyra, EATON of 
Sullivan, HINCK of Portland, SMITH of Monmouth, THERIAULT of Madawaska, Senators: 
GERZOFSKY of Cumberland, JACKSON of Aroostook. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 17-A MR.SA §12, sub-§l, as enacted by PL 1975, c. 499, §1, is amended 
to read: 
1. 
The oourt may dismiss a proseoution if, upon notioe to or motion of the 
proseoutor and opportunity to be heard, having regard to For a Class D or Class E crime, 
the court or jury may consider the facts of the conduct alleged, the nature of the conduct 
alleged and the nature of the attendant circumstances, it finds concerning a defendant's act 
and base a verdict upon whether the defendant's conduct: 
A. Was within a customary license or tolerance, which was not expressly refused by 
the person whose interest was infringed and which is not inconsistent with the 
purpose of the law defining the crime; ef 
B. Did not actually cause or threaten the harm sought to be prevented by the law 
defining the crime or did so only to an extent too trivial to warrant the condemnation 
of conviction; or 
C. 
Presents such other extenuations that it cannot reasonably be regarded as 
envisaged by the Legislature in defining the crime. 
The court may dismiss a prosecution pursuant to this subsection at any time upon notice 
to or motion of the prosecutor and opportunity to be heard. 
SU~Y 
This bill changes the requirements of ·allowing a court to dismiss a criminal offense 
based upon de minimis conduct by eliminating the requirement that a prosecutor be 
noticed and afforded an opportunity to be heard, by limiting the consideration to a Class 
D or Class E crime and by allowing a jury to also consider the de minimis conduct. 
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An Act To Improve Tribal-State Relations
Maine Legislature, Session 124, LD 0445
Committee: Judiciary
Sponsors: PRIEST, BLISS, BEAULIEU, BRYANT, CLEARY, CROCKETT, HILL, MITCHELL, NASS, STEVENS

Legislative Document 
No. 445 
H.P.333 
House of Representatives, Febmary 10, 2009 
An Act To Improve Tribal-State Relations 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representative PRIEST of Bmnswick. 
Cosponsored by Senator BLISS of Cumberland and 
'711~ 
/J1.17lt1C;:{~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BEAULIEU of Auburn, BRYANT of Windham, CLEARY of Houlton, 
CROCKETT of Bethel, HILL of York, MITCHELL of the Penobscot Nation, NASS of Acton, 
STEVENS of Bangor. 
Printed on recycled pi1per 
Be it enacted by the People of the State of Maine as follows: 
Sec.!. 30-A MRS A §2202, sub-§l, as amended by PL 2003, c. 696, §§14 and 
15, is further amended to read: 
1. Public agency. "Public agency" means: 
A. 
Any political subdivision of the State, as defined in section 2252, or any 
adjoining state; Sf 
C. 
Any agency of State Government or the Federal Government:-~ 
D. 
Any of the federally recognized Indian tribes in this paragraph or political 
subdivisions thereof: 
(1) The Passamaquoddy Tribe; 
(2) The Penobscot Nation; 
(3) The Houlton Band ofMaliseet Indians; or 
(4) The Aroostook Band of Micmacs. 
SUMMARY 
This bill expressly provides that the law authorizing public agencies to enter 
interlocal agreements includes the Passamaquoddy Tribe, the Penobscot Nation, the 
Houlton Band of Maliseet Indians and the Aroostook Band of Micmacs or any of their 
political subdivisions. 
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An Act To Allow the Direct Sale of Shellfish to Retailers
Maine Legislature, Session 124, LD 0447
Committee: Marine Resources
Sponsors: LANGLEY, CLARK, EATON, PRESCOTT, TILTON, WEAVER, ROSEN
Amends: 12 MRSA §6601, 12 MRSA §68

Legislative Document 
No. 447 
H.P.335 
House of Representatives, February 10, 2009 
An Act To Allow the Direct Sale of Shellfish to Retailers 
Reference to the Committee on Marine Resources suggested and ordered printed. 
Presented by Representative LANGLEY of Ellsworth. 
'77ld~ /J1. 7llac;:f~14{ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: CLARK of Easton, EATON of Sullivan, PRESCOTT of 
Topsham, TILTON of Harrington, WEAVER of York, Senator: ROSEN of Hancock. 
Printed 011 n::cycled paper 
Be it enacted by the People ofthe State of Maine as follows: 
Sec. 1. 12 MRSA §6601, sub-§2, as amended by PL 2005, c. 434, §4, is further 
amended to read: 
2. Licensed activities. The holder of a commercial shellfish license may fish for, 
take, possess or transport shellfish within the state limits or sell shellstock the holder has 
taken to a wholesale seafood license holder certified under section 6856 or a retail 
seafood license holder certified under section 6852. The holder may also sell shellstock 
the holder has taken from that license holder's home in the retail trade. This license does 
not authorize the holder to fish for or take shellfish in violation of a municipal ordinance 
adopted pursuant to section 6671. 
. Sec. 2. 12 MRSA §68S2, sub-§2,.as amended by PL 2005, c. 434, § 11, is further 
amended to read: 
2. License activity. The holder of a retail seafood license may, in the retail trade 
within the state limits, buy, sell, transport, ship or serve: 
A. Shell stock and shucked shellfish if they are bought from a wholesale seafood 
license holder certified under section 6856; 
C. Lobster parts or meat, if they are permitted under section 6857, or have been 
lawfully imported; 
D. Crayfish; eF 
E. Lobsters.,.~ 
F. Shellstock bought from a commercial shellfish license holder under section 6601. 
SUMMARY 
Current law does not allow the holder of a retail seafood license to buy shellstock 
directly from the commercial shellfish license holder that harvests the shellfish but 
instead must buy shell stock from a wholesale seafood license holder that purchases 
shell stock from the harvester. 
This bill allows a retail seafood license holder to purchase shell stock directly from 
the harvester. 
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An Act To Modify the Informed Growth Act
Maine Legislature, Session 124, LD 0448
Committee Amendment CA_A_H232 (House)
Amends: 30-A MRSA §4371

COMMITTEE AMENDMENT "P " 
to H.P. 336, L.D. 448, Bill, "An Act To 
Modify the Informed Growth Act" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inseliing the following: 
'Sec. 1. 30-A MRSA §4371, as enacted by PL 2007, c. 347, § 1, is repealed and the 
following enacted in its place: 
§4371. Exemption 
1. Ordinance. The provisions of this subchapter do not apply to a municipality that 
has adopted an ordinance that contains requirements for determining the impacts of a 
proposed large-scale retail development as defined in section 4366, subsection 6 and 
requires an independent study of the community economic impacts for each individual 
large-scale retail development. The ordinance must include a requirement to consider the 
findings of the study, among other evidence, when reviewing a land use application and 
must contain standards for determining when an impact ·of a large-scale retail 
development is detrimental to the municipality. 
2. Community economic impact study. The study pursuant to subsection I mav 
include an examination of job creation; retail wages; sales revenue retained and 
reinvested in the community; municipal revenues generated; municipal services and 
maintenance costs caused by the development's construction and operation; public 
subsidies including tax increment financing; impacts on utilities; and any other factors the 
municipality identifies. 
3. Qualified preparer. The study pursuant to subsection I must be prepared by a 
preparer qualified by education, training and experience pursuant to section 4367 who is 
chosen by the municipality. 
4. Public presentation. The study pursuant to subsection I must be presented to the 
public consistent with section 4368.' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" ~, to I--!.P. 336, L.D. 448 
SUMMARY 
This amendment, which is the majority report, replaces the bill. It clarifies that a 
municipality is exempt from the Informed Growth Act if the municipality has adopted an 
ordinance that contains requirements for determining the impact of large-scale retail 
development and includes an independent study of the community economic impacts of 
large-scale retail development. The study must be prepared by a preparer determined 
qualified by the Executive Department, State Planning Office and chosen by the 
municipality. The study must be presented at a public hearing. 
COMMITTEE AMENDMENT 
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