An Act To Correct Errors and Inconsistencies in the Laws of Maine
Maine Legislature, Session 125, LD 1480
Committee Amendment CA_A_H656 (House)
Amends: 31 MRSA §1592, 31 MRSA §1626, 4 MRSA §1804, 5 MRSA §1514, 17-A MRSA §1202, 34-A MRSA §11222, 34-B MRSA §1207, 14 MRSA §6001, 22 MRSA §3025, 30-A MRSA §1562-A, 30-A MRSA §2678, 34-A MRSA §304, 38 MRSA §1665-B, 20-A MRSA §13201, 20-A MRSA §1

COMMITTEE AMENDMENT "A" to H.P. 1089, L.D. 1480, Bill, "An Act To 
Correct Errors and Inconsistencies in the Laws of Maine" 
Amend the bill by inserting after the enacting clause and before section 1 the 
following: 
'PART A' 
Amend the bill by striking out all of sections 9, 14, 25, 32, 33, 39,40 and 43. 
Amend the bill by inserting at the end before the emergency clause the following: 
'PART B 
Sec. B-1. 31 MRSA §1592, sub-§8, as amended by PL 2011, c. 113, Pt. A, § 12, 
is further amended to read: 
8. 
Delivery of notice. 
The Secretary of State shall send notice of it& the 
determination under subsection 1 by regular mail or other medium as defined by rule by 
the Secretary of State and the service upon the limited liability company is perfected 5 
days after the Secretary of State deposits it& the notice of the determination in the United 
States mail, as evidenced by the postmark if mailed postpaid and correctly addressed or 
delivered by a medium authorized by the Secretary of State to the registered agent of the 
limited liability company. 
Sec. B-2. 31 MRSA §1626, sub-§7, as enacted by PL 2009, c. 629, Pt. A, §2 and 
affected by §3, is amended to read: 
7. 
Delivery of notice. 
The Secretary of State shall send notice of it& the 
determination under subsection 1 by regular mail and the service upon the foreign limited 
liability company is perfected 5 days after the Secretary of State deposits it& the notice of 
the determination in the United States mail, as evidenced by the postmark, if mailed 
postpaid and correctly addressed to the registered agent in this State and the registered or 
principal office, wherever located, on file for the foreign limited liability company. 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT "A" to H.P.I089, L.D.1480 
Sec. B-3. Maine Revised Statutes headnote enacted; revision clause. In the 
Maine Revised Statutes, Title 23, chapter 410, after the chapter headnote, the headnote 
"subchapter 1, general provisions" is enacted and the Revisor of Statutes shall implement 
this revision when updating, publishing or republishing the statutes. 
Sec. B-4. Effective date. Those sections of this Part that amend the Maine 
Revised Statutes, Title 31, section 1592, subsection 8 and section 1626, subsection 7 take 
effect July 1,2011. 
PARTC 
Sec. C-l. 4 MRSA §1804, sub-§3, ~C, as enacted by PL 2009, c. 419, §2, is 
amended to read: 
C. 
Establish processes and procedures consistent with commission standards to 
ensure that office and contract personnel use information technology and case load 
management systems so that detailed expenditure and case load data is are accurately 
collected, recorded and reported; 
Sec. C-2. 5 MRSA §1514, as amended by PL 1989, c. 878, Pt. A, §§ 12 and 13, is 
repealed. 
Sec. C-3. 17-A MRSA §1202, sub-§2-A, as amended by PL 2005, c. 265, §9, is 
further amended to read: 
2-A. 
Once the period of probation has commenced, on motion of the probation 
officer, or of the person on probation, or on the court's own motion, the court may convert 
at any time a period of probation for a Class D or Class E crime or a Class C crime under 
Title 29-A, section ~ 
2557-A to a period of administrative release. A conversion to 
administrative release may not be ordered unless notice of the motion is given to the 
probation officer and the attorney for the State. The provisions of chapter 54-0 apply 
when probation is converted to administrative release. 
Conversion to administrative 
release serves to relieve the person on probation of any obligations imposed by the 
probation conditions. 
Sec. C-4. 34-A MRSA §11222, sub-§4-A, ~C, as enacted by PL 2009, c. 570, 
§3, is amended to read: 
C. In lieu of mailing the completed verification form under paragraph B, the 10-year 
registrant shall take the completed verification form and a current photograph of the 
10-year registrant to the law enforcement agency having jurisdiction once every 5 
years after the anniversary of the 10-year registrant's initial registration or, if there is 
a reason to believe the offender's appearance has changed significantly, the law 
enforcement agency having jurisdiction or the bureau may instruct the 1O-year 
registrant in writing: 
(1) To appear in person at the law enforcement agency having jurisdiction with a 
current photograph or to allow a photograph to be taken; or 
(2) If authorized in writing by the law enforcement agency having jurisdiction 
feF or the bureau, to submit a new photograph without appearing in person. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A "to H.P. 1089, L.D. 1480 
Sec. C-5. 34-A MRSA §11222, sub-§4-B, ~C, as enacted by PL 2009, c. 570, 
§4, is amended to read: 
C. In lieu of mailing the completed verification form under paragraph B, the lifetime 
registrant shall take the completed verification form and a current photograph of the 
lifetime registrant to the law enforcement agency having jurisdiction once every 5 
years after the anniversary of the lifetime registrant's initial registration or, if there is 
a reason to believe the lifetime registrant's appearance has changed significantly, the 
law enforcement agency having jurisdiction or the bureau may instruct the lifetime 
registrant in writing: 
(1) To appear in person at the law enforcement agency having jurisdiction with a 
current photograph or to allow a photograph to be taken; or 
(2) If authorized in writing by the law enforcement agency having jurisdiction 
fat: or the bureau, to submit a new photograph without appearing in person. 
Sec. C-6. 34-B MRSA §1207, sub-§I, W, as amended by PL 2003, c. 563, §1, 
is further amended to read: 
F. Nothing in this subsection precludes the disclosure or use of any information, 
including recorded or transcribed diagnostic and therapeutic interviews, concerning 
any client in connection with any educational or training program established 
between a public hospital and any college, university, hospital, psychiatric or 
counseling clinic or school of nursing, provided that, in the disclosure or use of the 
information as part of a course of instruction or training program, the client's identity 
remains undisclosed; and 
Sec. C-7. 34-B MRSA §1207, sub-§I, ~G, as amended by PL 2003, c. 563, §2, 
is repealed. 
PARTD 
Sec. D-l. 14 MRSA §6001, sub-§I-B, as enacted by PL 2011, c. 122, §l, is 
amended to read: 
I-B. 
Residential lease without termination or notice language. If a written 
residential lease or contract does not include a provision to terminate the tenancy or does 
not provide for any written notice of termination in the event of a material breach of a 
provision of the written residential lease or contract, either the landlord or the tenant may 
terminate the written residential lease or contract pursuant to this subsection. 
A. 
A landlord may terminate the tenancy in accordance with section 6002, 
subsections 1 and 2. After a landlord has provided notice and service as provided in 
section 6002, including language advising the tenant that the tenant has the right to 
contest the termination in court, the landlord may commence a forcible entry and 
detainer action as provided in this section. 
B. A tenant may terminate the tenancy by providing the landlord with 7 days' written 
notice of the termination if the landlord has substantially breached a provision of the 
written residential lease or contract. In the event that the tenant or the tenant's agent 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A" to H.P. 1089, L.D. 1480 
has made at least 3 good faith efforts to personally serve the landlord in-hand, that 
service may be accomplished by both mailing the notice by first-class mail to the 
landlord's last known address and by leaving the notice at the landlord's last and usual 
place of abode. 
Sec. D-2. 22 MRSA §3025, sub-§l, ~, as amended by PL 2011, c. 60, §1, is 
further amended to read: 
D. Death when the person is in custody pursuant to an arrest, confined in a state 
correctional or detention facility, county jail, other county correctional or detention 
facility or local lockup or is in transport Between on the way to or from a courthouse 
or any of these places while in the custody of a law enforcement officer or county or 
state corrections official; 
Sec. D-3. 30-A MRSA §1562-A, as enacted by PL 2011, c. 60, §2, is amended to 
read: 
§1562-A. Death of a person in custody 
When a prisoner person in c01:lnty or state custody dies, an examination and inquest 
must be held, and the oommissioner or the chief administrative officer of the faoility 
sheriff or jailer shall cause a medical examiner to be immediately notified for that 
purpose pursuant to Title 22, section 3025. For purposes of this section, "C01:lHty or state 
custody" means custody pursuant to an arrest, confinement in a state correetional facility, 
county jail; or other county correctional facility or local lockup or when the prisoner 
person is in transport Between on the way to or from a courthouse or any of these places 
while in the custody of a county law enforcement officer or county or state corrections 
official. The medical examiner shall also review the case file and relevant medical 
records and determine whether an autopsy is needed. If the medical examiner determines 
that an autopsy is needed, an autopsy must be performed. 
Sec. D-4. 30-A MRSA §2678 is enacted to read: 
§2678. Death of a person in custody 
When a person in custody dies, an examination and inquest must be held, and the 
chief of police shall cause a medical examiner to be immediately notified for that purpose 
pursuant to Title 22, section 3025. For purposes of this section, "custody" means custody 
pursuant to an arrest, confinement in a local lockup or when the person is on the way to 
or from a courthouse or a local lockup while in the custody of a local law enforcement 
officer. 
The medical examiner shall also review the case file and relevant medical 
records and determine whether an autopsy is needed. If the medical examiner detennines 
that an autopsy is needed, an autopsy must be performed. 
Sec. D-S. 34-A MRSA §304S, as amended by PL 2011, c. 60, §4, is further 
amended to read: 
§3045. Death of client 
When any client in C01:lllty or state custody dies, an examination and inquest must be 
held, and the commissioner or the chief administrative officer of the facility shall cause a 
medical examiner to be immediately notified for that purpose pursuant to Title 22, section 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "An to H.P. 1089, L.D. 1480 
3025. For purposes of this section, "eounty or state custody" means eustod), pursuant to 
an arrest, confinement in a state correctional or detention facility, eounty jail, other 
eorreetional {aeilit)' or loeal loekup or when the prisoner client is in tFansj30Ft 13etweefl 
any of these j31aees on the way to or from a state correctional or detention facility while in 
the custody of a 1a-'tY eflforeement omeer or sounty or state corrections official. The 
medical examiner shall also review the case file and relevant medical records and 
determine whether an autopsy is needed. If the medical examiner determines that an 
autopsy is needed, an autopsy must be performed. 
Sec. D-6. Effective date. This Part takes effect 90 days after the adjournment of 
the First Regular Session of the 125th Legislature. 
PARTE 
Sec. E-l. 38 MRSA §1665-B, sub-§2, ~A, as amended by PL 2011, c. 206, §29, 
is further amended to read: 
A. Establish and maintain a collection and recycling program for out-of-service 
mercury-added thermostats. The collection and recycling program must be designed 
and implemented to ensure that: 
(1) A maximum rate of collection of mercury-added thermostats is achieved; 
(2) Handling and recycling of mercury-added thermostats are accomplished in a 
manner that is consistent with section 1663, with other provisions of this chapter 
and with the universal waste rules adopted by the board pursuant to section 
1319-0; 
(3) Authorized bins for mercury-added thermostat collection are made available 
at a reasonable one-time fee not to exceed $25 to all 'Nholesaler heating, 
ventilation and air conditioning supply, electrical supply and plumbing supply 
distributor locations that sell thermostats and to all retailers and eleetrieal supply 
wholesalers who volunteer to participate in the program; and 
(4) By January 1,2007, authorized bins for mercury-added thermostat collection 
are made available at a reasonable one-time fee not to exceed $25 to 
municipalities and regions requesting bins for mercury-added thermostat 
collection at universal waste collection sites or at periodic household hazardous 
waste collection events, as long as the collection sites or events are approved by 
the department for mercury-added thermostat collections; 
Sec. E-2. 38 MRSA §1665-B, sub-§2, ~, as amended by PL 2011, c. 206, §30, 
is further amended to read: 
E. Within 3 months after the department develops phase one of the plan required by 
subsection 4, provide a financial incentive with a minimum value of $5 for the return 
of each mercury-added thermostat, with or '1"/ithout a eO'ler, by a contractor or service 
technician to an established wholesaler recycling collection point; 
Sec. E-3. 38 MRSA §1665-B, sub-§2, ~F, as amended by PL 2011, c. 206, §31, 
is further amended to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'Au to H.P. 1089, L.D.1480 
F. Within 3 months after the department develops phase 2 of the plan required by 
subsection 4, provide a financial incentive with a minimum value of $5 for the return 
of each mercury-added thermostat, 'Nith or without a eO',er, by a homeowner to an 
established retail recycling collection point; 
Sec. E-4. PL 2011, c. 206, §32 is repealed. 
Sec. E-S. Retroactivity. This Part applies retroactively to June 3, 2011. 
PARTF 
Sec. F-l. 20-A MRSA §13201, 2nd ~, as amended by PL 2011, c. 172, §2 and 
affected by §4, is further amended to read: 
After a probationary period of 3 years, subsequent contracts of duly certified teachers 
must be for not less than ~ 2. years. Unless a duly certified teacher receives written notice 
to the contrary at least 6 months before the terminal date of the contract, the contract must 
be extended automatically for one year and similarly in subsequent years. The right to an 
extension for a longer period of time through a new contract is specifically reserved to the 
contracting parties. 
Sec. F-2. Effective date. This Part takes effect 90 days after the adjournment of 
the First Regular Session of the 125th Legislature. 
PARTG 
Sec. G-l. 20-A MRS A §1l484, sub-§l, ~-1, as enacted by PL 2001, c. 417, 
§ 19, is repealed. 
Sec. G-2. 20-A MRSA §1l484, sub-§I, ~-2, as enacted by PL 2001, c. 417, 
§ 19, is amended to read: 
B-2. One member Two members appointed by the Governor from at large; 
Sec. G-3. 20-A MRSA §1l484, sub-§I, ~C, as enacted by PL 1997, c. 732, §4, 
is amended to read: 
C. Two members appointed by the Governor with experience in and knowledge of 
institutional investment of funds; aHd 
Sec. G-4. 20-A MRSA §1l484, sub-§I, ~, as enacted by PL 1997, c. 732, §4, 
is repealed. 
Sec. G-S. 20-A MRS A §1l484, sub-§I, ~~ and F are enacted to read: 
E. One member appointed by the Governor with experience in and knowledge of 
institutional investment of funds; and 
F. One member appointed by the chair of the board who is a member of the board 
other than the Treasurer of State. 
Sec. G-6. PL 2011, c. 150, §§5 to 8 are repealed. 
Sec. G-7. PL 2011, c. 150, §9 is amended to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. \089, L.D. 1480 
Sec. 9. Effective date. Those sections of this Act that amend the Maine Revised 
Statutes, Title 20-A, section 11473, subsections 1 and 5; section 11474, subsection 2; and 
section 11476 take effect on July 1, 2012. That seetion of this Aet that repeals Title 
A, seetion 11484, subsection 1, paragraph B 1 and that section of this Act that amends 
Title 20 A, seetion 11484, subseetion 1, paragraph B 2 take effeet at the expiration of the 
tefIH of the member ''lith lalovlledge of studeRt finaneial assistaace or vAten the positioR 
is vacant. That section of this Act that repeals Title 20 A, seetion 11484, subseetion 1, 
paragraph D aRd that seetion of this Aet that enaets Title 20 A, section 11484, S'I:lbsection 
1, paragraph g take effeet at the e*piratioa of the tefIHS of the member represeatiRg 
publie instih1tioRs of higher edueatioa aBd the member represeRtiag prhzate iastih1tioas of 
higher edHcation or yAten the positions are '1aeant. 
Sec. G-S. Transition. Notwithstanding that section of this Part that repeals the 
Maine Revised Statutes, Title 20-A, section 11484, subsection 1, paragraph B-1, the 
member appointed pursuant to that paragraph may continue to serve until the expiration 
of the term to which the member was appointed, until the member vacates the 
membership or until the member is removed for cause, whichever occurs first. 
Notwithstanding that section of this Part that amends Title 20-A, section 11484, 
subsection 1, paragraph B-2, the Governor may not appoint a 2nd member under that 
paragraph until the expiration of the term of the member appointed pursuant to Title 
20-A, section 11484, subsection 1, paragraph B-1, the member vacates the membership or 
the member is removed for cause, whichever occurs first. Notwithstanding that section of 
this Part that repeals Title 20-A, section 11484, subsection 1, paragraph D, a member 
appointed pursuant to that paragraph may continue to serve until the expiration of the 
term to which the member was appointed, until the member vacates the membership or 
until the member is removed for cause, whichever occurs first. Notwithstanding that 
section of this Part that enacts Title 20-A, section 11484, subsection 1, paragraph E, the 
Governor may not appoint a member under that paragraph until the expiration of the term 
of the member appointed pursuant to the former Title 20-A, section 11484, subsection 1, 
paragraph D to represent public institutions or until that member is removed for cause or 
otherwise vacates the membership. Notwithstanding that section of this Part that enacts 
Title 20-A, section 11484, subsection 1, paragraph F, the chair of the board of directors of 
the Finance Authority of Maine may not appoint a member under that paragraph until the 
expiration of the term of the member appointed pursuant to the former Title 20-A, section 
11484, subsection 1, paragraph D to represent private institutions or until that member is 
removed for cause or otherwise vacates the membership. 
Sec. G-9. Effective date. This Part takes effect 90 days after adjournment of the 
Amend the bill by striking out all of the emergency clause and inserting the 
following: 
'Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved, except as otherwise indicated.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT ,A" to H.P. 1089, L.D. 1480 
SUMMARY 
This amendment includes both technical and substantive changes to the laws. 
This amendment designates the provisions of the bill as Part A. 
This amendment deletes sections 9, 14, 25, 32, 33, 39, 40 and 43 from the bill. 
Sections 32, 33 and 43 are added to the amendment with changes in Part B. 
Part B includes technical corrections to sections originally printed in the bill. Section 
is the same as section 32 of the bill except that it incorporates the amendment made by 
Public Law 2011, chapter 113. Section 2 is the same as section 33 of the bill. Section 3 
is a corrected version of section 43 of the bill. Section 4 makes the amendments to the 
Maine Limited Liability Company Act take effect July 1, 2011, which is the date on 
which the Maine Limited Liability Company Act takes effect. 
Part C makes technical corrections. Section 1 corrects the subject-verb agreement in 
the laws governing the Maine Commission on Indigent Legal Services. Section 2 repeals 
a section of law that was enacted in 1987 that had a purpose only through 1989. Section 
corrects a cross-reference. Sections 4 and 5 correct clerical errors by changing the word 
"for" to "or" in 2 subsections within the sex offender registry laws. Sections 6 and 7 
effect the repeal of language relating to a commission that was repealed in 1992. 
Part D includes changes that may be considered substantive. Section 1 clarifies that 
the new subsection added by Public Law 2011, chapter 122 applies to only residential 
leases or contracts. Section 1 is not intended to affect the application or interpretation of 
any other provision of law. Sections 2 to 5 correct technical issues in language adopted 
pursuant to Public Law 2011, chapter 60 passed earlier in the session and ensure that 
implementation of the law occur. Sections 2 to 5 incorporate situations inadvertently left 
out of Public Law 2011, chapter 60, including death of a person in custody in a state or 
county detention facility, in custody on the way to or from a courthouse and while being 
transported to or from one of the facilities listed even if the transport is not being done to 
take the person to another of the facilities. 
By using the word "person" instead of 
"prisoner" it also covers juveniles who are in custody. Section 4 adds similar provisions 
for persons in custody of municipal law enforcement officers. Sections 2 to 5 correct 
language that would inadvertently require the Commissioner of Corrections to notify a 
medical examiner of a death about which the commissioner would not know, such as that 
of an arrestee who dies while being taken from a local lockup to the county jail by a 
municipal police officer. The amendment puts the responsibility for notification on the 
correct official. It also substitutes "sheriff or jailer" in the county jail provision for the 
same reason. Other changes clarify each provision to accurately reflect the type of 
situation involved at each level, whether state, county or local. Section 6 provides that 
the amendment made by section 1 takes effect 90 days after the adjournment of the First 
Regular Session of the 125th Legislature, which is the effective date of Public Law 2011, 
chapter 122 and chapter 60. 
Part E makes substantive changes to carry out the intent of the Joint Standing 
Committee on Environment and Natural Resources concerning mercury-added 
thermostats. Several sections of L.D. l398, enacted as Public Law 2011, chapter 206, 
were inadvertently not removed from the bill by both the majority and minority 
committee amendments. 
This Part resolves that oversight by amending the Maine 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A .. to H.P. 1089, L.D. 1480 
Revised Statutes, Title 38, section 1665-B to reinstate the law as it existed prior to the 
enactment of Public Law 2011, chapter 206. Chapter 206 took effect on June 3, 2011. 
Part E includes a retroactive effective date provision to make the entire Part apply 
retroactively to June 3, 2011. 
Part F corrects a clerical error in Public Law 2011, chapter 172 concerning teacher 
contracts. This is a substantive change that carries out the intent of the Joint Standing 
Committee on Education and Cultural Affairs. This Part takes effect 90 days after the 
adjournment of the First Regular Session of the 125th Legislature, which is when chapter 
takes effect. 
Part G corrects the membership changes in the Advisory Committee on College 
Savings enacted by Public Law 2011, chapter 150 as intended by the Joint Standing 
Committee on Education and Cultural Affairs. 
Part G deletes wording that was 
inadvertently retained and corrects the effective date and transition language. 
COMMITTEE AMENDMENT