An Act To Correct Errors and Inconsistencies in the Laws of Maine
Maine Legislature, Session 124, LD 1475
Committee: Judiciary
Amends: 3 MRSA §753, 4 MRSA §1301, 4 MRSA §1357, 5 MRSA §7051, 5 MRSA §18252-A, 7 MRSA §3916, 12 MRSA §6702, 14 MRSA §3, 22 MRSA §3173-C, 24-A MRSA §3007, 26 MRSA §1419, 30-A MRSA §701, 32 MRSA §13753, 34-B MRSA §1207, 35-A MRSA §3210-C, 36 MRSA §191, 36 MRSA §1487, 36 MRSA §1752, 36 MRSA §2552, 36 MRSA §2559, 36 MRSA §5219-B, 36 MRSA §5219-D, 37-B MRSA §505, 25 MRSA §2351, 25 MRSA §2351-A, 25 MRSA §2352, 25 MRSA §2353, 25 MRSA §23, 25 MRSA §2354, 25 MRSA §2356, 25 MRSA §2357-A, 25 MRSA §2358, 25 MRSA §2360, 25 MRSA §2361, 33 MRSA §1602

Legislative Document 
No. 1475 
H.P.1028 
House of Representatives, May 6, 2009 
An Act To Correct Errors and Inconsistencies in the Laws of Maine 
(EMERGENCY) 
Reported by Representative PRIEST of Brunswick for the Revisor of Statutes pursuant to 
the Maine Revised Statutes, Title 1, section 94. . 
Reference to the Committee on Judiciary suggested and ordered printed pursuant to Joint 
Rule 218. 
Printed on recycled pllper 
7J1~ 
1J1.11!d£~ 
MILLICENT M. MacFARLAND 
Clerk 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
··Whereas, acts of this and previous Legislatures have resulted in certain technical 
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errors and inconsistencies in the laws of Maine; and 
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Whereas, these errors and inconsistencies create uncertainties and confusion In 
interpreting legislative intent; and 
Whereas, it is vitally necessary that these uncertainties and this confusion be 
resolved in order to prevent any injustice or hardship to the citizens of Maine; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People ofthe State of Maine as follows: 
PART A 
Sec. A-I. 3 MRSA §753, as repealed and replaced by PL 2007, c. 240, Pt. U, §1, 
is amended to read: 
§753. Expenses 
All administrative operating expenses of the Maffie Legislative Retirement· System 
Program must be charged to the assets of the Maffie Legislative Retirement System 
Program. 
Sec. A-2. 4 MRSA §1301, first~, as enacted by PL 1983, c. 853, Pt. C, §§ 15 and 
18,is amended to read: 
Every judge serving on the court on or after December 1, 1984, shall must be a 
member of the Maffie Judicial Retirement System Program as a condition qf employment. 
Sec. A-3. 4 MRSA §1357, sub-§3, as amended by PL 2007, c. 491, §58 and c. 
523, § 1, is repealed and the following enacted in its place: 
3. Change of beneficiary. If the recipient of a service retirement benefit has elected 
an optional method of payment under subsection 2; paragraphs B to H. and has 
designated someone other than a spouse or ex-spouse as sole beneficiary, the recipient is 
permitted a one-time change in the designated beneficiary except as provided in 
paragraph D, but may not change the already elected payment option or the amount of the 
benefits under that option, by filing a written designation of the new beneficiary, duly 
notarized, with the executive director on a form provided or specified by the Maine 
Public Employees Retirement System. 
The change of beneficiary permitted by this 
subsection may only be made prior to the death of the prior des·ignated beneficiary. 
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A. The benefit payable to the recipient and the new beneficiary must be paid under 
the same payment option .. The amount of the recipient's benefit may not change, and 
the amount of the new beneficiary'S benefit must be the same as the amount of the 
prior beneficiary'S benefit. 
B. 
The. effective date of the designation of the new beneficiary is the date the 
designation is received by the executive director. As of the first day of the month 
. following the effective date of the designation of the new beneficiary, the prior 
beneficiary is no longer entitled to any benefit payment and, if concurrent payment 
under subsection 2, paragraph E has been elected, the new beneficiary's benefit must 
become effective on the same date. 
C. The new beneficiary's entitlement to benefits ceases on the earlier of: 
(1) The date of the new beneficiary'S death;. or· 
(2) The date established when the amount of the prior beneficiary's benefit was 
established, which is the initial commencement date of benefits to the retiree 
increased by the life expectancy of the prior beneficiary computed in years and 
. 16 
months using actuarial equivalence assumptions recommended by the system's 
actuary. 
Payment of benefits to the new beneficiary must cease as of the first day of the month 
following the earlier of subparagraph (1) or (2). 
D. A recipient who exercises· a one-time option under this subsection may revert 
back to the original designated beneficiary, who will be treated as the new 
beneficiary for purposes of paragraphs A to C. 
. Sec. A-4. 5 MRSA §7051, sub-§6, as amended by PL 2007, c. 466, Pt. A, § 15, is 
further amended to read: 
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6. Temporary and proviSional appointments. Whenever it is impossible to certify 
eligible persons for appointment to a vacancy in the classified service, the appointing 
authority may nominate a person to be the director. If the nominee is found by the 
director to have had experience and training that appear to qualify the nominee for the 
position, the nominee may be temporarily appointed to fill the vacancy in accordance 
with policies and procedures developed by the director. 
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A. 
The director may make a provisional appointment to fill a technical or 
professional position that requires a specialized knowledge or training to carry out the 
duties of the position and that cannot be filled from the eligible register: 
B. The director shall establish a policy to protect persons in temporary positions 
from remaining in a temporary position for an unreasonable period of time, not to 
exceed one year. 
C. The director may authorize, without requiring competitive tests, the appointment 
3.8· 
of unskilled laborers or persons engaged in custodial and domestic work in state 
institutions or departments. 
Sec. A-5. 5 MRS A §18252, as amended by PL 2007, c. 490, §1 and c. 491, §1'91, 
is repealed and the following enacted in its place: 
§18252. Membership in districts with Social Security coverage 
A person who is or would be covered by the United States Social Security Act as a 
result of employment by a participating local district with Social Security coverage may 
elect to join, not to join, to cease contributions to or to withdraw from the Participating 
Local District Retirement Program under the following conditions. 
1. Membership. An employee may join the Participating Local District Retirement 
Program at the beginning of employment or 'at any time after beginning employment, as 
long as that person is still an employee of the participating local district and the district 
continues to be a participating local district. 
' 
A. Purchase of service credit for the period during which the person' was not a 
member of the Participating Local District Retirement Program is governed by 
section 18305-A. 
2. 
Employee who is participating member. A person who is a participating 
member of the Participating Local District Retirement Program inay elect to cease 
contributions to that program and, at that person's discretion, may withdraw accumulated 
contributions in accordance with sec :ion 18306-A. 
3. Person who has previously ceased contributions. A person who has previously 
elected to cease contributions to the Participating Local District Retirement Program, 
whether or not accumulated contributions have been withdrawn, may choose to rejoin 
that program at any time under the following conditions. 
B. The employer must still be a participating local district allowing new membership 
in the Participating Local District Retirement Program. 
C. 
Purchase of service credit for the period during which the person was not a 
. member of the Participating Local District Retirement Program is governed by 
section 18305-A. Repayment of withdrawn accumulated contributions is governed 
by section 18304. 
5. Limit on right to rejoin. The right of a person to rejoin under subsection 3 is 
limited to 2 occurrences. 
6. Restoration to service. If any person who is the recipient of a service retirement 
benefit is covered by the United States Social Security Act upon being restored to service, 
continuation of that person's benefit is governed by the following. 
A. The person may elect to have the service retirement benefit continued during the 
period of time the person is restored to service and the person may not accumulate 
any additional service credits. 
B. The person may elect to have the service retirement benefit terminated, again 
become a member of the Participating Local District Retirement Program and begin 
contributing at the current rate. 
(1) The person is entitled to accumulate additional service credits during the 
period oftime the person is restored to service. 
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(2) When the person again retires, the person is entitled to receive benefits 
computed on the person's entire creditable service and in accordance with the law 
in effect at the time. 
C. Upon being restored to service, the person must elect to have benefits either 
continued or terminated. 
If written notification of the person's election is not 
received by the executive director within 60 days of restoration to service, the person 
is deerried to have elected the provisions of paragraph A. The election. regardless of 
how it is made, is irrevocable during the period of restoration to service.· 
Sec. A-6. 5 MRSA §18252-A, sub-§l, as amended by PL 2007, c. 490, §2 and c. 
491, § 192, is repealed and the following enacted in its place: 
1. Membership. An employee of a participating local district that does not have 
Social Security coverage and that has a plan provided by the employer under section 
18252-B may elect to be a member under the Participating Local District Retirement 
Program or to be covered under the plan provided by the employer in accordance with the 
following. 
A. A person hired by a participating local district, or rehired following a break in 
service. after the date on which the employer provides a plan under section 18252-B 
must elect at the time of hiring or rehiring whether to be a member under the 
retirement system or to be covered under a plan provided by the employer under 
section 18252-B. 
(1) If the person elects to be a member under the retirement system. the election 
is effective as of the date of hire or rehire. 
(a) A person who elects to be a member of the retirement system may later 
elect to be covered under a plan provided by the employer under section 
18252-B. 
The person who so elects may. at that person's discretion, 
withdraw accumulated contributions in accordance with section 18306-A. 
(b) A person who elects under division (a) to be covered under a plan-
provided by the employer under section 18252-B may -later elect to again 
become a member under the retirement system, unless to so elect would have 
the effect of requiring the employer, without the employer's agreement~ to 
make an employer contribution to both the retirement system and the plan 
provided by the employer under section 18252-B. 
Cc) A person who elects under division Cb) to again become a member of the 
retirement system may, in accordance with section 18305-A. purchase 
service credit for the period during which the person elected not to be a 
member of the retirement system. 
The person may. in accordance with 
section 18304. repay contributions withdrawn under division Ca) and may, as 
permitted under other relevant retirement system law, rule and policy, repay 
other refunded contributions. 
. 
Cd) A person who. having elected to again become a member under the 
retirement system under division Cc), later elects again not to be a member 
may not thereafter become a member under the retirement system while 
employed by the same participating local district. 
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(2) A person who elects to be covered under a plan provided by the employer 
under section 18252-B may later elect to become a member under the retirement 
system. 
(a) Membership service credit ·for a person joining the retirement system 
under this subparagraph begins as of the effective date of first contributions 
or pick-up contributions to the retirement system following that person's 
election under this subparagraph. 
(b) A person who joins the retirement system under this subparagraph may, 
in accordance with section 18305-A, purchase service credit for the period 
during which the person elected not to be a member of the retirement system. 
ec) A person who, having elected to become a member under the retirement 
system under this subparagraph, later elects again not to be a member may, at 
the employee's discretion, withdraw accumulated contributions in accordance 
. with applicable requirements of law and rule and retirement system 
procedures and may not thereafter become a member under the retirement 
system while employed by the same participating local district. 
B. 
An employee of the participating local district who is a member under the 
retirement system on the date on which the employer provides a plan under section 
18252-B may elect to remain a member under the retirement system or to become 
covered under a plan provided by the employer under section 18252-B. 
(1) If that person elects not to remain a member. the election is effective as of the 
first day of the month in which no contributions· or pick-up contributions are 
made to the retirement system by that person. A person who elects not to remain 
a member may, at that person's discretion. withdraw accumulated contributions in 
accordance with section 18306-A. 
(2) A person Who elects not to remain a member under the retirement system 
may later elect to again become a member. 
(a) Membership service credit for a person who elects to again become a 
member under the retirement system under this subparagraph begins as of the 
effective date of the first contributions or pick-up contributions to the 
retirement system following that person's election under this subparagraph. 
eb) A person who rejoins the retirement system under this subparagraph 
may. in accordance with section 18305-A. purchase service credit for the 
period during which that person elected not to be a member of the retirement 
system. 
The person may. in accordance with section .18304, repay 
contributions refunded under subparagraph (1). unless to so elect would have 
the effect of requiring the employer, without the employer's agreement, to 
make an employer contribution to both the· retirement system and the plan 
provided by the employer under section 18252-B. 
. 
. 
ec) A perSon who, having elected to again become a member under the 
retirement system under this subparagraph, later elects again nor to be a 
member may. at that person's discretion, withdraw accumulated contributions 
in accordance with section 18306-A and may not thereafter become a 
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member . under the retirement system while employed by the same 
participating local district. 
D. If the participating local district does not have a plan provided under section 
18252-B, the employees do not have the elections provided under paragraphs A and 
B. 
Sec. A-7. 7 MRSA §3916, sub-§2-A, as enacted by PL 2007; c. 119, §1, IS 
amended to read: 
2-A. 
Notice to department. 
A veterinarian who issues a certificate of rabies 
vaccination for a dog pursuant to subsection 2 shall, within 30 days of issuing the 
certificate, forward by mail, e-mail or ~ 
facsimile transmission a cO'py of that certificate 
to the department. The department shall send a copy of the certificate by mail, e-mail or 
:ftm facsimile transmission to the clerk of the municipalit'j in which the owner resides. If 
the owner resides in the unorganized territory, the department shall send a copy of the 
certificate to the dog recorder in that unorganized territory or, in the absence of a duly 
authorized dog recorder, to the dog recorder in the nearest municipality or unorganized 
territory in the same county in which the owner resides. The department may retain a 
copy or electronic record of the rabies certificate. The department may accumulate 
certificates received and distribute thein periodically to the appropriate municipalities and 
dog recorders. Distributions must be made no fewer than 4 times a year. 
Sec. A-S. 12 MRSA §6702, sub-§6, as amended by PL 2007, c. 607, Pt. A, §2 
and Pt. B, §2, is repealed and the following enacted in its place: 
6. Violation. A person who violates this section commits a civil violation for which 
the following penalties apply: 
. 
A. . For the first offense, a mandatory fine of $500 is imposed and all scallops on 
board may be seized; 
. 
B. For the 2nd offense, a mandatory fine of $750 is imposed and all scallops on 
board may be seized; and 
. 
C. For the 3rd and subsequent offenses, a mandatory fine of $750 is imposed and all 
scallops on board may be seized. This penalty is imposed in addition to the penalty 
imposed under section 6728-B. 
. 
Sec. A-9. 12 MRS A §10001, sub-§53, as amended by PL 2007, c. 651, §2, is 
further amended to read: 
. 
53. Resident. For the purposes of this subsection, "resident" "Resident" means a 
citizen of the United States or an alien who has been domiciled in the State for one year 
who: 
A. If registered t6 vote, is registered in this State; 
B. If licensed to drive a motor vehicle, has made application for or possesses a motor 
vehicl~ operator's license issued by the State; -
C. If owning a motor vehicle located within the State, has registered each such 
vehicle in the State; and 
D. Is in compliance with the state income tax laws. 
A person who is a full-time student at a college or university in the State and has satisfied 
the requirements of paragraphs A to Jj is rebuttably presumed to be a resident in the State 
during that period. 
Sec~ A-10. 13-CMRSA §1331, sub-§2, as amended by PL 2007, c. 323, Pt. C, 
§ 17 and affected by Pt. G, §4, is further amended to read: 
. 
2. 
Appropriate court. 
A corporation shall commence the proceeding under 
subsection 1 in the appropriate court of the county where the corporation's prindpal 
office. is located or, if there is no principal office,e.f in Kennebec County. 
If the 
corporation is a foreign corporation, the corporation shall commence the proceeding in 
the county in this State where the principal office of the domestic corporation merged 
with the foreign corporation was located or, if the domestic corporation did not have its 
principal office in this State at the time of the transaction, e.f in Kennebec County. 
Sec. A-H. 14 MRSA §3S'i!, sllb-~12, as enacted by PL 1985, c. 641, §3, is 
amended to read: 
1812. Transfer. 
"Transfer" . means every mode, direct or indirect, absolute or 
conditional, voluntary or involuntary, sF of disposing of or parting with an asset or an 
interest in ali asset, and includes payment of money, release, lease or creation of a lien or 
other encumbrance. 
Sec. A-12. 22 MRS A §1971, sllb-§l, as amended by PL 2007, c. 539, Pt. EE, § 1 
and c. 572, Pt. A, § 16, is repealed and the following enacted in its place: 
1. . Establishment. The position ·of school nurse consultant is established jointly 
within the department and the Department of Education. The Director of the Maine 
. 26 
Center for Disease Control and Prevention and the Policy Director of Special Services 
within the Department of Education shall jointly supervise the school nurse consultant. 
Sec. A-13~ 22 MRSA §3173-C, sub-§7, as amended by PL 2003, c. 451, Pt. H, 
§ 1 and affected by §3, is further amended to read: 
7. 
Copayments. 
Notwithstanding any other provIsion of law, the following 
copayments per service per day are imposed and reimbursements are reduced, or both, to 
the following levels: 
A. Outpatient hospital services, $3; 
B. Home health services, $3; 
C. Dura~le medical equipment services, $3; 
D. Private duty nursing and personal care services, $5 per month; 
E. Ambulance services, $3; 
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F. Physical therapy services, $2; 
G. Occupational therapy services, $2; 
H. Speech therapy services, $2; 
I. Podiatry services, $2; 
J. Psychologist services, $2; 
K. Chiropractic services, $2; 
T 
L. Laboratory and x-ray services, $1; 
M. Optical services, $2; 
N. Optometric services, $3; 
O. Mentai health clinic services; $2; 
P. Su.bstance abuse services, $2; 
Q. Hospital inpatient services, $3 per patient day; 
R. Federally qualified health center services, $3 per patient day, effective July 1, 
. 2004; and 
S. Rural health center services, $3 per patient day .. 
The department may adopt rules to adjust the copayments set forth in this subsection. 
The rules may adjust amourits to ensure that copayments are deemed ilOminal in amount 
and may include monthly limits or exclusions per service category. The need to maintain 
provider participation in the Medicaid program to the extent required by 42 United States 
Code, Section 1392(a)(30)(A) 1396(a)(30)(A) or any successor provision of law must be 
considered in any reduction in reimbursement to providers or imposition of copayments. 
Sec. A-14. 24-A MRSA §3007, suh-§S, tIjlB, as amended by PL 2005, c. 114, §4, 
is further amended to read: 
B. Nonrenewal subject to this section is not effective prior to 30 days after receipt of 
flet.iee written notice by the insured. Priorto the date of renewal of a poli<?ythat has 
been transferred by an insurer to an affiliate, the insured must receive notice of any 
changes to the terms of the policy that are less favorable to the insured. 
Sec. A-IS. 26 MRSA §1419, sub-§l, CUB;.2, as amended by PL 2003, c. 553, Pt. 
A, § 1, is further amended to read: 
. B-2. 
"Specialized customer communications equipment" means communications 
equipment used by persons with disabilities to conduct telephone communications or 
equipment that provides or assists in providing emergency alert notification to deaf 
persons or hard-of-hearing persons. 
. "Specialized customer communications 
equipment" includes but is not limited to teletypewriters, artiftciallarynges, signaling 
devices, amplified handsets, large number dial overlays, direct telephone dialing, fa*: 
facsimile transmission machines, equipment necessary to use short message services 
or text message' serVices and other equipment used by persons with disabilities to 
provide access to telephone networks, and equipment that provides or, facilitates 
emergency alert notification to deaf persons or hard-of-hearing persons. , 
Sec. A-16. 30-A MRSA §701, sub-§2, as amended by PL 2007, c. 653, }>t. A, §7 
and c. 663, § 1, is repealed and the following enacted in its place: 
2. Preparation of noncorrectional services-related estimates. In order to assess a 
county tax for noncorrectional services-related expenses; the county commissioners, prior 
to November 7th in each year for counties on a January to December fiscal year and April 
15th for counties on a July to June fiscal year, shall prepare estimates of the sums 
necessary topay the noncorrectional services-related expenses that have accrued or may 
probably accrue for the coming year, including the building and repairing of courthouses 
and appurtenances, with the noncorrectional services-related debts owed' by their 
counties. 
The estimates must be drawn so as to authorize the appropriations to be made to each 
department or agency of the county government for the year. The estimates must provide 
specific amounts for personal services, contractual services, commodities, debt service 
and capital expenditures made or provided by the county for non correctional-related 
services. The estimates must include specific amounts for each noncorrectional service 
expenditure. 
Sec. A-17. 31MRSA §714, sub-§2, as amended by PL 2007, c. 231, §28 and 
repealed by c. 323, Pt. D, § 19 and affected by Pt. G,§4, is repealed. 
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Sec. A:·18. 32 MRS A §220, sulb-§2,~, as repealed and replaced by PL 2007, c: 
'390, § 1 and amended by c. 402, Pt.' F, § 12, is repealed and the following enacted in its 
place: 
, 
B. A landscape architect must meet the qualifications established in this' paragraph. 
(1) To be qualified for admission to the examination to practice landscape 
architecture in this State, an applicant must submit evidence that: 
(a) The applicant has completed a course of study in a school or college of 
landscape architecture approved by the board, with graduation evidenced by 
a diploma setting forth a satisfactory degree and 2 years of practical 
experience in landscape architectural work of a grade and character 
satisfactory to the board; or 
' 
(b) The applicant has training or practical' experience, or a combination of 
both, that in the opinion of the board is fully equivalent to that required in 
division (a). 
(2) ,An applicant for licensure as a landscape architect in this State who has a 
current and valid license from another jurisdiction and a certificate from. a 
recognized council of landscape architecture registration board may offer to 
render landscape architectural services in the State prior to licensure by the board 
as long as the applicant first notifies the board in writing that the applicant will be 
present in the State to offer to render landscape architectural services. The 
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applicant may not render landscape architectural services until duly licensed by 
the board. . 
(3) An applicant for renewal of a license issued pursuant to this section shall 
submit evidence that the applicant meets the qualifications established by the 
board. 
Sec. A-19. 32 MR.SA §1101, sub-§l, as amended, by PL 1999, c. 386, Pt. F, § 1, 
is further amended to read: 
1. Apprentice electrician. "Apprentice electrician" me~ns a person an apprentice, as 
defined inTitle 26, chapter 11 section 2006, subsection 5-A, paragraph A, subparagraph 
ill, who is engaged in a written agreement to work at and learn the trade of an electrician 
under the direct supervision of a master, journeyman or limited electrician. 
Sec. A-20. 32 MRS A §3824, sub-§5, as amended by PL 2007, c. 10, § 1 and c. 
402, Pt. Q, §8, is repealed and the following enacted in its place: 
. 24 
5. 
Temporary licensure. 
The board shall adopt rules for the granting of a 
temporary license to enable psychologists to practice in this State under supervision 
pending such examination as the board may require. An applicant who possesses at least 
1,500 hours of postdoctoral experience and fulfills all the requirements for licensure, with 
the exception of any required examination, may 'apply to the board for a temporary 
license. Upon receiving a completed application and fee as set under section 3833-A, the 
board shall issue a temporary license that entitles the applicant to practice as a 
psychologist or psychological examiner under supervision while completing the 
requirements for permanent Iicensure~ The temporary license is effective for one year. 
Sec. A-21. 32 MRS A §12251, sub-§4-A, as repealed by PL 2007, c. 384, §9 and 
amended by c. 402, Pt. Z, § 16, is repealed . 
Sec. A-22. 32 MR.SA §13723, sub-§7, CUA, as amended by PL 2007, c. 344, § 10 
and c. 402, Pt. DO, § 1 0, is repealed and the following enacted in its place: . 
A. 
Prescriptions, orders and records required by this chapter and stocks of 
prescription and legend drugs are open only to the board, the board's authorized 
representatives, federal and state law enforcement officers whose duty it is to enforce 
the laws of this State or of the United States relating to scheduled drugs or controlled 
substances or to enforce conditions of probation or other supervision imposed by a 
court relating to scheduled drugs or controlled substances and other law enforcement 
. officers authorized by the board, the Attorney General or the di~trict attorney for the 
purposes of inspecting, investigating and gathering evidence of violations of law or 
any rufe of the board. A person having knowledge by virtue of the person's office of 
any such prescription, order or record may not divulge that knowledge, except before 
a licensing board or representative or in connection with a prosecution or proceeding 
in court. 
Sec. A~23. 32 MRSA §13753, sub-§l, as amended by PL 2007, c. 402, Pt. DO, 
§26, is further amended to read: 
1. . Changes. All licensed phalmacies shall report to the board, by mail or fa*: 
facsimile transmission, the occurrence of any of the following changes: 
A. Permanent closing which .requires 14 days' prior notice to the public and to the 
board; 
B. Change of ownership which requires 7 days' prior notice to the board; 
C. Change ofpharinacist in charge which requires notice no later than 7 days after 
the change; and 
D. Any other matters and occurrences as the board may require byrule. 
Sec. A-24. 34-B MRSA §1207, sub;.§l, fi{fB, as amended by PL 2007, c. 609, § 1 
and c. 670, § 17, is repealed and the following enacted in its place: 
B. Information rriay be disclosed if necessary to carry out the statutory functions of 
the department; the hospitalization provisions of chapter 3, subchapter 4;. the 
provisions of section 1931; the purposes of sections 3607-A and 3608; the purposes 
of Title 5, section 19506; the purposes of United States Public Law 99-319, dealing 
. with the investigatOlY function of the independent agency designated with advocacy 
and investigatory functions undo r United States Public Law 88-164, Title I, Part C .or 
United States Public Law 99-3 9; or the investigation and hearing pursuant to Title 
15, section 393, subsection 4-A; 
Sec. A-25. 35-AMRSA §3210-C, sub~§3, as amended by PL 2007, c. 575, §2 
and c. 656, Pt. B, §2, is repealed and tI.le following enacted in its place: 
3. 
Commission authority. 
The commISSIOn may. direct investor-owned 
transmission and distribution utilities to enter into long-term contracts for: 
A. Capacity resources; and 
B. 
Any available energy associated with capacity resources contracted under 
paragraph A: 
. 
(1) To the extent necessary to fulfill the policy of subsection i, paragraph A; or 
(2) If the commission determines appropriate for purposes of supplying or 
lowering the cost of standard-offer service or otherwise lowering the cost of 
electricity for the ratepayers in the State. Available energy contracted pursuant to 
this subparagraph may be sold· into the wholesale· electricity market in 
conjunction with solicitations for standard-offer supply bids. 
The commission may direct investor-owned transmIssion and distribution utilities to enter 
into contracts under this subseCtion only as agents for their customers and only in 
accordance with this section.· The commission may permit, but may not require, investor-
owned transmission and distribution utilities to enter into contracts for differences that are 
designed and intended to buffer ratepayers in the State from potential negative impacts 
-37 
from transmission development. To the greatest extent possible, the commission shall 
develop procedures for long-term contracts for investor-owned transmission and 
distribution utilities under this subsection having the same legal and financial effect as the 
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procedures used for standard-offer service pursuant to section 3212 for investor-owned 
transmission and distribution utilities. 
The commission may enter into contracts for interruptible, demand response or energy 
efficiency capacity resources. These contracts are not subject to the rules of the State 
Purchasing Agent. In a competitive solicitation conducted pursuant to subsection 6, the 
commission shall allow transmission and -distribution utilities to submit bids for 
interruptible, demand response or energy efficiency capacity resources. 
Capacity resources contracted under this subsection may not exceed the amount 
necessary to ensure the reliability of the electric grid of this State or to lower customer 
costs as determined by the commission pursuant to rules adopted under subsection -I O. 
Unless the commission determines the public iriterest requires otherwise, a capacity 
resource may not be contracted under this subsection unless the commission determines 
that the capacity resource is recognized as a capacity resource for purposes of any 
regional or federal capacity requirements. 
The commission shall ensure that any long-term contract authorized under this subsection 
is consistent with the State's goals for greenhouse gas reduction under Title 38, section 
and the regional greenhouse gas initiative as described in the state climate action plan 
required in Title 38, section 577. 
Sec. A-26. 35-A MRS A §3210-C, sub-§7, as amended by pI., 2007, c. 575, §3 
and c. 656, Pt. B,§3, is repealed and the following enacted in its place: 
7. Disposition of resources. An investor-owned transmission and distribution utility 
shall sell capacity resources and energy purchased pursuant to subsection 3 or take other 
action relative to such capacity resources and energy as directed by the commission~ 
Sec. A-27. 35-A MRSA §3210-C, suh-§8, as amended by PL 2007, c. 575, §4 
and c. 656, Pt. B, §4, is repealed and the following enacted in its place: 
8. Cost recovery. The commission shall ensure that an investor-owned transmission 
. and distribution utility recovers in rates all costs of contracts entered into pursuant to 
subsection 3, including but not limited to any impacts on the utility's costs of capital. A 
price differential existing at any time during the term of the contract between the contract 
price and the prevailing market price at which the capacity resource is sold or any gains 
or losses derived from contracts for differences must be reflected in rates and may not be 
deemed to be imprudent. 
Sec. A-28. 36 MRSA §191, sub-§2, ~JJ, as amended byPL 2007, c. 539, Pt. M, 
§3 and Pt. 00, §6; c. 693, §8; and c. 694, §2, is further amended to read: 
n. The disclosure to the State Purchasing Agent of a person's sales tax standing as 
necessary to enforce Title 5, section 1825-B, suhsection 14; afI6 
Sec. A-29. 36 MRS A §191, sub-§2,~, as enacted by PL 2007, c. 539, Pt. M, 
§4, is amended to read: 
KK. The disclosure of information necessary to administer the setoff of liquidated 
tax debts pursuant to section 185, subsection J;-~ 
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Sec. A-30. 36 MRSA §191, sub-§2, ~KK, as enacted by PL 2007, c. 539, Pt. 
00, §7, is reallocated to 36 MRSA §191, sub-§2, CULL. 
Sec. A-31. 36 MRSA §191, sub-§2, 1lfiKK, as enacted by PL 2007, c. 693, §9, is 
reallocated to 36 MRSA § 191, sub:-§2; 1MM. 
Sec. A-32 .. 36 MRSA §191, sub':'§2, 1lfiKK, as enacted by PL 2007, c. 694, §3, is 
reallocated to 36 MRSA§191, sub-§2, 'jINN. 
Sec. A-33. 36 MRSA §1487, sub-§2, as ttmended by PL 2007, c. 541, Pt. E, §1 
and c. 693, § 13, is repealed and the following enacted in its place: 
2. State Tax Assessor. The State Tax Assessor shall appoint agents to collect the 
excise tax in the unorganized territory. Agents, including rimnicipalities designated as 
agents, are allowed a fee of $6 for each tax receipt issued. The State Tax Assessor may 
authorize the offset of credit card fees incurred in the collection of the excise taxes 
against the receipts from those collections. Agents shall deposit the remainder on or 
before the 20th day of each month following receipt with the Treasurer of State. The 
Treasurer of State shall make quarterly payments to each county in an amount that is 
equal to the receipts for that period from each county. Those payments must be made at 
the same time as payments under section 1606. County receipts under this section must 
be deposited in the county's unorganized territory fund. 
Sec. A-34. 36 MRSA §1752, sub-§H,~, as amended by PL 2007, c. 627, §42 
and affected by §96 and amended by c. 693, § 14, is repealed and the following enacted in 
its place: 
B .. "Retail sale" does not include: 
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(1) Any casual sale; 
(2) Any sale by a personal representative in the settlement of an estate, unless the 
sale is made through a retailer, or unless the sale is made· in the continuation or 
operation of a business; 
(3) . The sale, to a person engaged in the business of renting automobiles, of 
autoinobiles, integral parts of automobiles or accessories to automobiles, for 
rental or for use in an automobile rented on a short-term basis; 
(4) The sale, to a person engaged in the business of renting video media and 
video equipment, of video media or video equipment for rental; 
(5) 
The sale,. to a person engaged in the business of renting or leasing 
automobiles, of automobiles for rental or lease for one year or more; 
(6) The sale, to a person engaged in the business of providing cable or satellite 
television services, of associated equipment for rental or lease to subscribers in 
conjunction with a sale of extended cable or extended satellite television services; 
(7) The sale, to a person engaged in the business of renting furniture; or audio 
media and audio equipment, of furniture, audio media or audio equipment for 
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rental pursuant to a rental-purchase agreement as defined in Title 9-A, section 
11-105; 
(8) The sale of loaner vehicles to a new vehicle dealer licensed as such pursuant 
to Title :29-A, section 953; 
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(9) The sale of automobile repair parts used in the perfonnance of repair services 
on an automobile pursuant to an extended service contract sold on or after 
September 20, 2007 that entitles the purchaser to specific benefits in the service 
of the automobile for a specific duration; 
(10) The sale, to a retailer that has been issued a resale certificate pursuant to 
section 1 754-B, subsection 2-B or 2-C, of tangible personal property for resale in 
the form of tangible personal property, except resale as a casual sale; 
. (11) The sale, to a retailer that has been issued a resale certificate pursuant to 
section 1754-B,' subsection 2-B or 2-C, of a taxable service for resale, except 
resale as a casual sale; 
(12) The sale, to a retailer that is not required to register under section 1754-B, 
of tangible personal property for resale outsi'de the State in the form of tangible 
personal property, except resale as a casual sale; or 
(13) The sale, to a retailer that is not required to register under section 1754-B, 
of a taxable service for resale outside the State, except resale as a casual sale. 
Sec. A-35; 36 MRSA §2552, sub-§l, -rrJ, as amended by PL 2007, c. 539, Pt. 
DDD, §7 and c. 627, §67, is repealed and the following enacted in its place: 
J. Home support services; and 
Sec. A-36. 36 MRSA §2552, sub-§l, EffK, as repealed by PL 2007, c. 539, Pt. 
DDD, §8 and amended by c. 627, §68, is repealed. 
Sec. A-37. 36 MRSA §2559, as amended by PL 2007, c. 539, Pt. DDD, §9,. is 
further amended to read: 
§2559. Application of revenues 
Revenues derived by the tax imposed by this chapter must be credited to a General 
Fund suspense account. On or before the last day of each month, the State Controller 
shall transfer a percentage of the revenues received by the State Tax Assessor during the 
preceding month pursuant to the tax imposed by section 2552, subsection 1, paragraphs A 
to F and L to the Local Government Fund as provided by Title 30-A, section 5681, 
subsection 5 .. The balance remaining in the General Fund 'suspense account must be 
transferred to service provider tax General Fund revenue. On or before the 15th day of 
each month, the State Controller shall transfer all revenues received by the assessor 
during the preceding month pursuant to the tax imposed by section 2552, subsection 1, 
paragraphs G to J to .the Medical Care Services Other Special Revenue Funds account, 
the Other Special Revenue Funds Mental Health Services - Community Medicaid 
program, the Medicaid Services - Mental Retardation program and the Office of 
Substance Abuse - MediCaid Seed program within the Department of Health and Human 
Services. 
Sec. A-38. 36 MRSA §5219-BB, as enacted by PL2007, c. 690, §1, is reallocated 
to 36 MRSA §5219-DD .. 
. Sec. A-39. 37-B MRSA §505, sub-§I-A, ~A, as amended by PL 2007, c. 521, 
§2 and c. 678, § 1, is repealed and the following enacted in its place: 
A. The bureau may provide a grant of temporary assistance not to exceed $600 to a 
veteran currently a resident of this State who has filed a valid claim for a veteran's 
pension, pending notification of the award of such a pension, if that veteran is not 
incarcerated or a permanent resident of a nursing home and requests such assistance. 
For purposes of this paragraph, "claim for a veteran's pension" means a claim filed 
with the federal Veterans' Administration pursuant to 38 Uriited States Code, Chapter 
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Sec. A-40. 37-B MRSA §505~ sub-§l-A, ~, as amended by PL 2007, c. 521, . 
§2 and c.· 678, § I, is repealed and the following enacted in its place: 
B. The bureau may provide a grant of emergency assistance not to exceed $500 to a 
veteran currently a resident of this State who demonstrates to the bureau's satisfaction 
a financial need and suffers an emergency, such as damage to that veteran's home due 
to fire, flood or hurricane, that is not fully compensable by insurance; illness or the 
illness of an immediate family member; or a similar emergency. In the case of a 
veteran with terminal illness or catastrophic injury, the director may provide a grant 
of up to $1,000. No more than $1,000 in emergency assistance may be provided to a 
veteran in any 12-month period. For the purposes of this paragraph, "veteran" has the 
same meaning as "eligible veteran" in section 504, subsection 4, paragraph A-I. 
Grants may not be issued for fuel assistance or due to loss of income due to 
unemployment while the veteran is receiving other unemployment benefits. 
Sec. A-41. PI, 2007, c. ·695, Pt. L, §1, as corrected by RR 2007, c. 2, §32, is 
repealed. 
Sec. A-42. Maine Revised Statutes headnote amended; revision clause. In 
the Maine Revised Statutes, Title 22, chapter 1054-A, in the chapter headnote, the words 
"additional support for people in retraining and education program" are amended to read 
"additional support for people in retraining and employment program" and the Revisor of 
Statutes shall implement this revision when updating, publishing or republishing the· 
statutes. 
PARTB 
Sec. B-1. 25 MRSA §2351, as corrected by RR 1995, c. 2, §56 and amended by 
PL 2007, c. 699, §7 and affected by §26, is repealed and the following emicted in its 
place: 
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§2351. . Building official; compensation; jurisdiction; deputy 
In every town and city of more than 2,000 inhabitants, and in every town of 2,000 
inhabitants or less~ if such a town so votes at a town meeting, and in each village 
corporation, if such a corporation so votes at the annual meeting of the corporation, the 
municipal officers shall annually in the month of April appoint a building official, who 
must be a person skilled in the construction of buildings, and shall determine the building 
official's compensation. The municipal officers shall define the limits within which the 
building official has jurisdiction, which includes the thickly settled portion of each such 
city or of each village in each such city or town. Whenever the building official becomes 
incapacitated, the municipal officers may appoint or authorize the building official to 
appoint a deputy building official, who shall serve until removed by the municipal 
officers, but in no event beyond the term for which the building official was appointed. 
'The deputy building official shall perform such duties as may be required of the deputy 
building official by the building official. 
The compensation of the deputy building 
official is determined by the municipal officers. 
This.section is repealed July 1, 2010. 
Sec. B-2. 25 MRSA §2351-A is enacted to read: 
§2351-A. Building official; compensation; deputy 
. In every town and city of more than 2,000 inhabitants, and in every town of 2,000 
inhabitants or less, if such a town so votes at a town meeting, and in each village 
corporation, if such a corporation' so votes at the annual meeting of the corporation, the 
municipal officers shall annually in the month of April appoint a building offiCial, who 
must be a person certified in building standards pursuant to Title 30-A, section 4451, 
subsection 2-A, paragraph E, and shall determine the building official's compensation. 
Whenever the building official becomes incapacitated, the municipal officers may 
appoint or authorize the building official to appoint a deputy building official, who shall 
serve until removed by the municipal officers, but in no event beyond the term for which 
the building official was appointed. The deputy building official shall perform such 
duties as may be required of the deputy building official by the building official. The 
compensation of the deputy building official is determined by the municipal officers. 
This section takes effect July 1,2010. 
Sec. B-3. 25 MRSA §2352, as amended by PL 1975, C. 623, §34, is further 
amended to read: 
§2352. Right to enter buildings 
An inspector of bUildings A building official :in the performance of fits the building 
official's official duty may enter any building for the purpose of making the inspection 
. required by chapters 313 to 321. 
Sec. B-4. 25 MRSA §2353, as amended by PL 2007, c. 699, §8 and affected by 
§2.6, is repealed and the following enacted in its place: . 
§2353. Duty to inspect buildings underconstmction 
The . building official shall inspect each new building during the process of 
construction, so far as· may be necessary, to see that all proper safeguards against the 
catching or spreading of fire are used, that the chimneys and flues are made safe and that 
proper cutoffs are placed between the timbers ih the walls and floorings where fire would 
be likely to spread, and may give such directions in writing to the owner or contractor as 
the building official considers necessary concerriing the construction of such building so 
as torender the same safe from the catching and spreading of fire. 
This section is repealed July 1, 2010. 
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Sec. B-S. 25 MRSA §23S3-A is enacted to read: 
§2353-A. Duty to'inspect buildings under constmction 
The building official shall inspect each building during the process of construction 
for compliance with the Maine Uniform Building and Energy Code adopted pursuant to 
Title 1-0, chapter 1103 and so far as may be necessary to see that all proper safeguards 
against the catching or spreading of fire are used, that the chimneys and flues are made 
safe and that proper cutoffs are placed between the timbers in the walls and floorings 
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where fire would be likely to spread, and may give such directions in writing to the owner 
or contractor as the building official considers necessary concerning the construction of 
the building so as to render the building safe from the catching and spreading of fire. ' 
This section takes effect July 1, 2010. 
Sec. B-6. 25 MRSA §2354, as amended by PL 1991, c. 714, §6, is further 
amended to read: 
§2354. Inspection of buildings being repaired 
Subject to Title 32, chapter 33, the inspector of buildings building official shall 
inspect all buildings while in process of being repaired and see that all reasonable 
safeguards are used against the catching, and spreading of fire and that the chimneys and 
flues are made safe. The inspector building official may give directions ,in writing to the 
owner as necessary concerning such repairs to render the building safe from the catching 
and spreading of fire. 
Sec. B-7. 25 MRSA §2356 is amended to read: 
§2356. Appeals 
An appeal in writing may be taken from any order or direction of the inspector of 
buildines building official to the municipal officers, whose order thel~eon shall be i§. final. 
Sec. B-S. 25MRSA §2357, as amended by PL 1999, c. 725, §5 and PL 2007, c. 
699, §9 and affected by §26, is repealed and the following enacted in its place:' 
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§2357. No occupancy without certificate; appeal 
Subject to the provIsIOns of Title 10, chapter 951, a new building may not be 
occupied until the building official has given a certificate that the same has been built in 
accordance with section 2353, and so as to be safe frorn fire. If the owner permits it to be 
so occupied without such certificate, the owner must be penalized in accordance with 
Titie 30-A, section 4452. In case the building official for any cause deciines to give that 
certificate and the builder has in the builder's own judgment complied with section 2353, 
. an appeal may be taken to the municipal officers and, if on such appeal it is decided by 
them that the section has been complied with, the owner of the building is not liable to a 
fine for want of the certificate of the building official. 
This section is repealed July 1, 2010. 
Sec. B-9. 25 MRSA §2357-A isenacted to read: 
§2357-A. No occupancy without certificate; appeal 
Subject to the provisions of Title 10, chapter 951, a building may not be occupied 
until the building official has given a certificate of occupancy for compliance with the 
Maine Uniform Building and Energy Code adopted pursuant to Title 1 0, chapter 1103, 
pursuant to the required inspections in section 2373 tliat the building has been built in 
accordance with section 2353-A, and so as to be safe from fire. If the owrier permits it to 
be so occupied without such certificate, the owner must be penalized in accordance with 
Title 30-A, section 4452. In case the building official for any cause declines to give that 
certificate and· the builder has in the builder's own judgment complied with section 
2353-A, an appeal may be taken to the municipal officers and, if on such appeal it is 
decided by them that the section has been complied with, the owner of the building is not 
liable to a fine for want of the certificate of the building official. 
This section takes effect July 1, 2010. 
Sec. B-IO. 25 MRSA §2358, as amerided by PL 1989, c. 502, Pt. A, § 1 02, is 
further amended to read: 
§2358. Failure to comply with order of building official 
If the owner of any building neglects or refuses for more than 30 days to comply with 
any direction of the inspector of buildings buildfng official concerning the repairs on any 
building as provided in section 2354, the owner sflaIt must be penalized in accordance 
with Title 30-A, section 4452. 
Sec. B-ll. 25 MRS A §2359, as repealed and replaced by PL 1995, c.462, Pt. A, 
§48, is amended to read: 
§2359. Refusing admission,to building official 
An owner or occupant of a building, who refuses to permit an inspector of buildings ~ 
building official to enter the buildings building or willfully obstructs. the insoector 
,building official in the inspection of SliGh the building as required by chapters 313 to 321, 
must be penalized in accordance with Title 30-A, section 4452. 
Sec. B-12. 25 MRSA §2360, ,as amended by PL 1987,c. 35,§3, is further 
amended to read: 
§2360. Authority to enter buildings; remedy of conditions appeals 
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The inspeotor of buildings building official, the fire inspector and the municipal 
officers of any city or town may at all reasonable hours, for the purpose of examination, 
enter into and upon all buildings and premises within their jurisdiction. Whenever any of 
sai4 those officers sHall- find in any building or upon any premises combustible material, 
inflammable conditions or heating fixtures or apparatus so situated or constructed as to be 
dangerous to the safety of such buildings or premises, they shall order the same to be 
removed or remedied, and such order sftal.l must be forthwith complied with by the owner 
or occupant of said those buildings or premises. If the said An owrier or occupant sflal.l 
deem himself aggrieved by such order when made by the inspector of buildings building 
official or the fire inspector,--fie may within 24 hours appeoaJ to the 'municipal officers, and 
the cause ,of the complaint sHall- must be at once investigated by the direction of the hitter 
and, unless by their authority the that order above named is revoked, SliGh that order.ffial.l 
remain remains in force and must be forthwith complied with by sai4 the owner or 
occupant. The inspeotor of buildings building official, the fire inspector or the municipal 
officers shall make, or cause to be made, an immediate investigation as to the presence of 
combustible material or the existence of inflammable conditions in any building or upon 
any premises under their jurisdiction, upon complaint of any person having an interest in 
sai4 those buildings or premises or property adjacent thereto. Any owner or occupant of 
buildings or premises, failing to comply with the orders of the authorities above specified, 
sflal.l must be punished by a fine of not less than $5 for each day's neglect. 
Sec. B-13. 25 MRSA §2361; sllIb-§l, as enacted by PL 1985, c. 101' and 
amended by PL 2007, c. 699, §10 and affected by §26, is repealed and the following 
enacted in its place: 
1. Municipal enforcement. Duly appointed fire chiefs or their designees, municipal 
building officials and code enforcement officers may bring a civil action in the name of 
the inunicipality to enforce any of the state laws, duly promulgated state rules or local 
ordinances enacted pursuant to chapters 313 to 32l. This subsection is repealed July 1, 
2010; and 
Sec. B-14. 25 MRSA §2361, sllIb-§l-A is enacted to read: 
I-A. Municipal enforcement. Effective July 1, 2010, duly 'appointed fire,chiefs or 
their designees, municipal building officials and code enforcement officers may bring a 
civil action in the name of the municipality to enforce any of the state laws, duly adopted 
state rules or local ordinances enacted pursuant to this Part and Title to, chapter 1103; 
and 
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Sec. B-15. 30-A MRSA§7060, suh-§l,,s, as enacted by PL 1987, c. 737, Pt. 
A, §2 and Pt. C, § 1 06 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 
10, is further amended to read: 
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B. Establishing adequate standards for all features of means of exit, fire protection; 
fire prevention, accident prevention and structural safety of buildings whlsfl that are 
used occasionally or regularly for public assembly; compelling the owners to make 
improvements to bring these buildings up to the established standards; requiring the 
owner or lessee of a bu.ilding used for publil:: assembly whlsfl that is regulated by an 
ordinance authorized by this section and operated with the intent of fi.nancial gain to 
obtain a permit for which a fee may be imposed commensurate with its size or 
capacity; and requiring the owner or lessee of such a building to file a plan showing 
all safety features as a condition precedent to the issue of a permit or the further use 
of one already issued. 
(1) The building inspector official shall send a' written order to the owner or 
lessee of a building used for public assembly requiring any conditions whlsfl that 
exist in violation of an ordinance to be corrected within 30 days after the order is 
sent. 
(2) After the 30-day period expires, the owner or lessee is strictly liable for all 
injury caused by the failure to correct the violations and. the building insnector 
official shall order the building vacated. 
(3) As used in this section, "building used for public assembly" means a room or 
space in or on any structure whlsfl that is used for the gathering of 100 or more 
persons for any purpose and includes any room or space on the same level, above 
or below, whlsfl that has a common entrance; and 
Sec. B-16. 30-A MRS A §7060, sub-§2, as enacted by PL 1987, c. 737, Pt. A, §2 
and Pt. C, § 106 and amended 'by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. A, §56 and Pt. C, 
§ § 8 and 10, is further amended to read: 
. 
2. Additional provisions. The provisions of this subsection apply to subsection 1. 
A. The provisi.ons pertaining to buildings apply equally to all structures and parts of 
them, including mobile and modular homes. 
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B. 
The building inspector official is the licensing authority, unless otherwise 
provided by the plantation. 
C. 
Ordinances defining the duties of the building inspector official and other 
enforcement' officers, not contrary to Title 25, chapter 313, may be enacted. All· 
enforcement officers designated by ordinance tffi.al.l must be given free access at 
reasonable hours to all parts of buildings regulated by ordinance. 
D. 
An application for a permit must be in writing and must be signed by the 
applicant and directed to the building inspector official. The failure of the building 
inspector official to issue a written notice of the decision, dIrected to the applicant 
within 30 days from the filing of the application, constitutes a refusal of the permit. 
The building inspector shall official may not issue any permit: 
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(1) For a building or use for which the applicantis required to obtain a license 
under Title 38, section 413, until the applicant has obtained that license'; fief' or 
(2) For a building or use within a land subdivision; as defined in section 4§..§+ 
4401, unless that subdivision has been approved in accordance with that section. 
E. An appeal may be taken from any order issued by the building inspector official 
or from the licensing authority's refusal to grant a permit. 
(1) A person aggrieved by an' order of the building inspector official or a permit 
applicant may appeal in writing to the plantation assessors. At their next meeting 
following receipt of the appeal, the plantation assessors shall affirm,' modify or 
seta'side the decision of the building inspector official according to the terms of 
the pertinent ordinance. 
They may permit a variation from the terms of an 
ordinance when necessary to avoid undue hardship, provided that as long as there 
is no substantial departure from the intent of the ordinance. They may permit an 
exception to an ,ordinance only when the terms of the, exception have been 
specifically set forth by the plantation. The failure of the plantation assessors to 
issue a written notice of their decision, directed to the applicant, within 30 days 
from the filing of the appeal constitutes a denial of the appeal. If a plantation has 
by ordinance required that all such appeals be taken to a board of appeals, the 
procedure sflaR must be the same as 'in appeals directed to the plantation 
assessors, unless the plantation has provided otherwise. 
(2) An appeal may be taken from the decision of the plantation assessors or the 
board of appeals as provided in section 2691, subsection 3, paragraph G. 
Sec. B-17. 33 MRS A §592, sllIb-§7, €jfA, as enacted by PL 1999, c.478, §1, is 
amended to read: 
A. The escrow agreement must provide that the funds or other consideration may be 
released only as provided in this paragraph. 
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(1) If the purchaser gives a valid notice of cancellation pursuant to this section or 
is otherwise entitled to cancel the sale, the funds or other consideration received 
from or on behalf of the purchaser must be returned to the purchaser. 
(2) If the purchaser defaults in the performance of any obligation relating to the 
purchase or 'ownership of the time-share following the expiration of the 
cancellation period set out in subsection I, the developer shaH provide an 
affidavit to the escrow agent requesting release of the escrowed funds or other 
consideration and shall provide a copy of the affidavit to the purchaser who has 
defaulted. If, within 7 calendar days of mailing the affidavit, the developer has 
not received from the pu;chaser a written notice of a ~ispute between the 
purchaser and the developer or' a claim to the escrowed funds or other, 
consideration, the funds or other consideration received from or on behi:t1f of the 
purchaser must be immediately released to the developer. 
(3) If no cancellation or default has occurred, the escrow agent may release the 
funds or other consideration upon presentation of an affidavit by the developer 
that: 
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(a) The cancellation period has expired; and 
(b) A certificate or statement of substantial completion has been executed by 
an engineer or architect or a certificate of occupancy has been issued by the 
municipal inspector of buildings building official for the time-share unit 
containing the time-share. 
Sec. B-18. 33 MRSA §1602-101, sub-§(b), as enacted byPL 1981, c. 699, is 
amended to read: 
(b) 
No interest in any unit may be conveyed to a purchaser until the unit is 
substantially completed as eyidencedby a certificate or statement of substantial 
completion executed by an engineer or architect, or until a certificate of occupancy is 
issued by the municipal inspector of buildings building official; provided except that this 
limitation 5fla.U does not apply to contracts, options or reservations for sale of units later 
to be so completed Ref or to mortgages or transfers of units as security for an obligation, 
deeds in lieu of foreclosure, foreciosures and foreciosure sales, conveyances to successor 
declarants or .to any person in the business of selling real estate for ffis that person's own 
account, or -to financial institutions. 
Emergency clause.. In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
Part A does the following: 
Section 1 changes references to the Maine Legislative Retirement System to the 
Legislative Retirement Program to. reflect the intent of Public Law 2007, chapter 491. 
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Section 2 corrects a reference to the Maine Judicial Retirement System to reflect the 
intent of Public Law 2007, chapter 491. 
Section 3 corrects a conflict created by Public Law 2007, chapters 491 and 523,. 
which both substantively affected the same. provision of law. This section corrects the 
conflict by incorporating the changes made by both laws. 
Section 4 corrects a clerical error by removing a word that was inadvertently included 
in the original public law. 
Section 5 corrects a conflict created by Public Law 2007, chapters 490 and 491, 
which both affected the same provision of law. This section 'corrects the conflict by 
incorporating the changes made by both laws. 
Section 6 corrects a conflict created by Public Law 2007, chapters 490 and 491, 
which both affected the same provision of law. This section corrects the conflict by 
incorporating the changes made by both laws. 
Section 7 replaces the word "fax" with the preferred term "facsimile transmission." 
Section 8 corrects a conflict created by Public Law 2007, chapter 607, Part A, which 
made a technical change, and Part B, which made substantive changes to the same 
provision of law. This section repeals the provision and replaces it with the Part B 
. version. 
Section 9 corrects a definition so that it applies to the Maine Revised Statutes, Title 
12, Part 13 and not just to the subsection. The original definition applied to all of Part 13. 
The intent of the changes made in Public Law 2007, .chapter 651 was to amend the 
residency requirements but not alter the application of the definition. 
Section 10 clarifies the meaning of a section of law by adding words to make it read 
correctly. 
Section 11 corrects a clerical error. 
Section 12 corrects a conflict created by Public Law 2007, chapters 539 and 572, 
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which affected the same provision of law. This section repeafs the provision and replaces 
it with the chapter 572 version. 
Section 13 corrects a cross-reference. 
Section 14 corrects a clerical error created when 2 words were transposed. 
Section 15 replaces the word "fax" with the preferred term "facsimile transmission." 
Section 16 corrects a conflict created by Public Law 2007, chapters 653 and 663, 
which both substantively affected the same provision of law. This section corrects the 
conflict by incorporating the changes made by both laws. 
Section 17 corrects a conflict created by Public Law 2007, c. 231, which amended the 
Maine Revised Statutes, Title 31, section 714, subsection 2, paragraph B and chapter 323, 
which repealed subsection 2. This section corrects the conflict by repealing Title 31, 
section 714, subsection 2. 
Section 18 corrects a conflict created by Public Law 2007, chapters 390 and 402, 
which affected the same provision of law. This section correctS the conflict by repealing 
the provision and replacing it with the chapter 390 version. 
Section 19 clarifies and corrects a cross-reference. 
Section 20 corrects a conflict created by Publit Law 2007, chapters 10 and,402, 
which both substantively affected the same provision of law. This section corrects the 
conflict by incorporating the changes made by both laws. 
Section 21 corrects a conflict created when Public Law 2007, chapter 384 repealed 
the Maine Revised Statutes, Title 32, section 12251, subsection 4-A, and chapter 402 
amended that subsection. This section corrects the conflict by repealing the subsection. 
Section 22 corrects a conflict created by Public Law 2007, chapters 344 and 402, 
which both substantively affected the same provision of law .. This section corrects the 
conflict by incorporating the changes made by both laws. 
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Section 23 replaces the word "fax" with the preferred term "facsimile transmission." 
Section 24 corrects a conflict created by Public Law 2007, chapters 609 and 670, 
which both substantively affected the same provision of law. This section corrects the 
conflict by incorporating the changes made by both laws. 
Sections 25, 26 and 27 correct a conflict created when Public Law 2007, chapters 575 
and' 656 affected. the same provision of law. These sections correct the conflicts by 
repealing the subsections and replacing them with the chapter 656 version of those 
subsections, which made other substantive changes in addition to/the changes made in 
chapter 575. 
Sections 28 to 32 correct a number of conflicts created' when Public Law 2007, 
chapter 539, Parts M and 00, chapter 693 and chapter 694 all enacted a section of law 
with the same allocation. 
Section 33 corrects a conflict created by Public Law 2007, chapters 541 and 693, 
which both substantively affected the same provision of law. This section corrects the 
conflict by incorporating the changes made by both laws. 
Section 34 corrects a conflict created by Public Law 2007, chapters 627 and 693, 
which affected the same provision of law. This section corrects the conflict by repealing 
the Maine Revised Statutes, Title 36, section 1752, subsection 11, paragraph Band 
replacing it with the 'version as amended by chapter 693, which made other substantive 
changes in addition to the substantive change made in chapter 627. 
Section 35 corrects a conflict created by Public Law 2007, chapters 539 and 627, 
which affected the same provision of law in the same substantive way. This section 
corrects the conflict by repealing the provision of law and replacing it with the chapter 
version. It also corrects a punctuation error. 
Section 36 corrects a conflict created by Public Law 2007, chapter 539, which 
repealed the Maine Revised Statutes, Title 36, section 2552, subsection 1, paragraph K 
and chapter 627, which amended the same provision of law in a nonsubstantive manner. 
This section corrects that conflict by repealing Title 36, section 2552, subsection 1, 
paragraph K. 
Section 37 corrects an error made when the term "ancillary services," denoting 
services associated with the provision of telecommunications services, was added to the 
list of services upon which the service provider tax is imposed without adding the needed 
cross-reference to the section of law that allocates the revenue from the service provider 
tax. 
Section 38 corrects a numbering problem .created when Public Law 2007, chapters 
and 690 enacted 2 substantively different provisions with the same section number. 
Sections 39 and 40 correct a conflict created by Public Law 2007, chapters 521 and' 
678, which both substantively affected the same provision of law. These sections correct 
the conflict by incorporating the changes made by both laws. 
Public Law 2007, chapter 629, Part D was the subject of a people's veto and the veto 
passed so any changes that were made by Part D never took effect. Section 41 repeals 
Public Law 2007, chapter 695, Part L, section 1 because it amended a provision of law 
that was amended by Public Law 2007, chapter 629, Part D, section 3. 
Section 42 corrects a headnote to reflect the change of the name of the program from 
"Additional Support for People in Retraining and Education Program" to "Additional 
Support for People in Retraining and Employment Program." 
Part B addresses errors and potential conflicts created by enactment of Public Law 
2007, chapter 699, which through a revision clause attempted to change references to the 
position of inspector .of buildings with the position of building official. In some instances 
a direct replacement by revision clause was impossible becau~e the terminology to be 
changed was not exactly the same as that specified in the revision clause. 
In some 
instances where substantive changes were made in the public law in a section having a 
postponed effective date, changing the terminology by revision clause would have created 
a future conflict. 
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