An Act To Correct Errors and Inconsistencies in the Laws of Maine
Maine Legislature, Session 125, LD 1480
Committee: Judiciary
Amends: 2 MRSA §6-A, 5 MRSA §1764-A, 7 MRSA §2104-A, 7 MRSA §2106, 7 MRSA §2157, 7 MRSA §2701, 7 MRSA §2754, 10 MRSA §8001, 12 MRSA §6301, 17 MRSA §330, 17 MRSA §1831, 18-A MRSA §3, 21-A MRSA §1203-A, 22 MRSA §2383-B, 23 MRSA §4202, 23 MRSA §4203, 24 MRSA §2317-B, 24 MRSA §2986, 24-A MRSA §957, 24-A MRSA §2736-A, 24-A MRSA §2766, 24-A MRSA §2767, 24-A MRSA §2768, 24-A MRSA §2847-R, 24-A MRSA §2847-S, 24-A MRSA §2847-T, 24-A MRSA §4258, 24-A MRSA §4259, 25 MRSA §2926, 31 MRSA §1592, 31 MRSA §1626, 34-B MRSA §9008, 35-A MRSA §107, 35-A MRSA §1309, 35-A MRSA §3132, 35-A MRSA §3210, 38 MRSA §346, 38 MRSA §1310-B

Legislative Document 
No. 1480 
H.P. 1089 
House of Representatives, April 13, 2011 
An Act To Correct Errors and Inconsistencies in the Laws of Maine 
(EMERGENCY) 
Reported by Representative NASS of Acton 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. 
HEATHER J.R. PRIEST 
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 
errors and inconsistencies in the laws of Maine; and 
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 of the State of Maine as follows: 
Sec. 1.  2 MRSA §6-A, sub-§3, ¶D, as amended by PL 2009, c. 122, §2, is further 
amended to read: 
D.  Director of electric and gas utility industries; and 
Sec. 2.  2 MRSA §6-A, sub-§3, ¶D-1, as enacted by PL 2005, c. 23, §1, is 
repealed. 
Sec. 3.  5 MRSA §1764-A, sub-§2, as corrected by RR 2003, c. 1, §2, is amended 
to read: 
2.  Rules.  The Bureau of General Services, in consultation with the Energy 
Resources Council and the Public Utilities Commission, shall by rule require that all 
planning and design for the construction of new or substantially renovated state-owned or 
state-leased buildings and buildings built with state funds, including buildings funded 
though through state bonds or the Maine Municipal Bond Bank: 
A.  Involve consideration of architectural designs and energy systems that show the 
greatest net benefit over the life of the building by minimizing long-term energy and 
operating costs; 
B.  Include an energy-use target that exceeds by at least 20% the energy efficiency 
standards in effect for commercial and institutional buildings pursuant to Title 10, 
section 1415-D; and 
C.  Include a life-cycle cost analysis that explicitly considers cost and benefits over a 
minimum of 30 years and that explicitly includes the public health and environmental 
benefits associated with energy-efficient building design and construction, to the 
extent they can be reasonably quantified. 
Rules adopted pursuant to this section apply to all new or substantially renovated state-
owned or state-leased buildings and buildings built with state funds, including buildings 
funded through state bonds or the Maine Municipal Bond Bank, regardless of whether the 
planning and design for construction is subject to approval by the department. 
Rules adopted pursuant to this section may provide for exemptions, waivers or other 
appropriate consideration for buildings with little or no energy usage, such as unheated 
sheds or warehouses. 
The Bureau of General Services shall adopt rules pursuant to this section by July 1, 2004.  
Rules adopted pursuant to this section are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
Sec. 4.  7 MRSA §2104-A, as enacted by PL 2009, c. 393, §6, is amended to read: 
§2104-A.  Arrears in payments to Seed Potato Board 
A person who on July 15th of any year is in arrears as to full payment for potato seed 
purchased from the Seed Potato Board is not eligible for listing in the Maine certified 
seed potatoes book for that year published by the department's Division of Plant Industry 
division of animal and plant health. 
Sec. 5.  7 MRSA §2106, as amended by PL 2003, c. 578, §6, is further amended to 
read: 
§2106.  Working capital advance 
The State Controller is authorized to advance $300,000 from the General Fund 
unappropriated surplus to the Certified Seed Fund established in section 2107 during any 
state fiscal year, if requested in writing by the Director of the Division of Plant Industry 
director of the division of animal and plant health, to be used to provide cash necessary to 
meet current expenditures of the seed certification program.  These funds must be 
returned to the General Fund unappropriated surplus before the close of the state fiscal 
year in which the advance was made.  The State Controller shall report to the joint 
standing committee of the Legislature having jurisdiction over appropriations and 
financial affairs within 30 days of making any working capital advance for this purpose. 
Sec. 6.  7 MRSA §2157, sub-§5, as enacted by PL 1987, c. 813, §1, is amended to 
read: 
5.  Challenge grants.  The commissioner shall establish a challenge grant program to 
help in establishing field trials for new potato varieties.  Grant proposals shall must be 
approved by the commissioner after review and recommendation by the Potato Plant 
Breeder at the Maine Agricultural Experiment Station in Presque Isle, the Director of the 
Division of Plant Industry director of the division of animal and plant health, the 
chairman chair of the seed grower's executive council of the Maine Potato Board and the 
Director of the Seed Potato Board.  Grants may be given to farmers outside of this State.  
Grants may consist of seed, and assistance in determining cultural practices, and a 
percentage of the farmer's production costs to be determined by the commissioner.  Those 
receiving grants shall cooperate with the agronomist of the Maine Agricultural 
Experiment Station in developing the best cultural practices and sharing production and 
marketing information. 
Sec. 7.  7 MRSA §2701, first ¶, as amended by PL 2009, c. 393, §7, is further 
amended to read: 
All persons owning honeybees within the State shall annually notify the 
commissioner of the keeping of bees and the location of the bees and shall forward to the 
commissioner for deposit with the Treasurer of State an annual license fee for all bees 
kept on June 15th of each year.  Fees must be established by rule.  Notwithstanding Title 
5, section 8071, subsection 3, rules adopted under this section are routine technical rules 
as defined in Title 5, chapter 375, subchapter 2-A.  License fees accrue as a dedicated 
revenue to the Division of Plant Industry division of animal and plant health to fund the 
cost of apiary inspection and licensing. 
Sec. 8.  7 MRSA §2754, as amended by PL 1999, c. 401, Pt. H, §3, is further 
amended to read: 
§2754.  Registration fees 
A registration fee not to exceed $2 per colony for all bees to be shipped or moved 
into the State must be forwarded to the commissioner for deposit with the Treasurer of 
State. Fees must be established by rule in accordance with the Maine Administrative 
Procedure Act. The fees accrue as dedicated revenue to the Division of Plant Industry 
division of animal and plant health to fund the cost of apiary inspection and licensing. 
Sec. 9.  10 MRSA §8001, sub-§38, ¶E, as enacted by PL 1995, c. 397, §11, is 
repealed. 
Sec. 10.  12 MRSA §6301, sub-§2, ¶R, as amended by PL 2009, c. 523, §2 and c. 
561, §8, is repealed and the following enacted in its place: 
R.  A wholesale seafood license with a shrimp permit issued under section 6851 
expires on March 31st of each year; 
Sec. 11.  17 MRSA §330, as amended by IB 2009, c. 2, §50 and repealed by PL 
2009, c. 487, Pt. A, §1, is repealed. 
Sec. 12.  17 MRSA §1831, sub-§5, as amended by PL 2009, c. 599, §1, is further 
amended to read: 
5.  Game of chance.  "Game of chance" means a game, contest, scheme or device in 
which: 
A.  A person stakes or risks something of value for the opportunity to win something 
of value; 
B.  The rules of operation or play require an event the result of which is determined 
by chance, outside the control of the contestant or participant; and 
C.  Chance enters as an element that influences the outcome in a manner that cannot 
be eliminated through the application of skill. 
For the purposes of this subsection, "an event the result of which is determined by 
chance" includes but is not limited to a shuffle of a deck of cards, a roll of a die or dice or 
a random drawing or generation of an object that may include, but is not limited to, a 
card, a die, a number or simulations of any of these. A shuffle of a deck of cards, a roll of 
a die, a random drawing or generation of an object or some other event the result of 
which is determined by chance that is employed to determine impartially the initial order 
of play in a game, contest, scheme or device does not alone make a game, contest, 
scheme or device a game of chance.  For purposes of this chapter, beano, bingo and, a 
savings promotion raffle and table games as defined in Title 8, section 1001, subsection 
43-A are not games of chance. 
Sec. 13.  18-A MRSA §3-717, as enacted by PL 1979, c. 540, §1, is amended to 
read: 
§3-717.  Corepresentatives; when joint action required 
If 2 or more persons are appointed corepresentatives and unless the will provides 
otherwise, the concurrence of all is required on all acts connected with the administration 
and distribution of the estate.  This restriction does not apply when any corepresentative 
receives and receipts for propperty property due the estate, when the concurrence of all 
cannot readily be obtained in the time reasonably available for emergency action 
necessary to preserve the estate, or when a corepresentative has been delegated to act for 
the others.  Persons dealing with a corepresentative if actually unaware that another has 
been appointed to serve with him that corepresentative or if advised by the personal 
representative with whom they deal that he the personal representative has authority to 
act alone for any of the reasons mentioned herein, are as fully protected as if the person 
with whom they dealt had been the sole personal representative. 
Sec. 14.  21-A MRSA §1203-A, sub-§28, ¶A, as enacted by PL 2005, c. 13, §2 
and affected by §3, is amended to read: 
A.  In Hancock County, the municipalities and unorganized territories of Bar Harbor; 
Blue Hill; Brooklin; Brooksville; Central Hancock Township, also known as T8 S.D. 
Fletchers Landing Township; Cranberry Isles; Deer Isle; Ellsworth; Frenchboro; 
Gouldsboro; Hancock; Lamoine; Mount Desert; Sedgwick; Sorrento; Southwest 
Harbor; Stonington; Sullivan; Surry; Swans Island; Tremont; Trenton; and Winter 
Harbor; and 
Sec. 15.  22 MRSA §2383-B, sub-§3, ¶A-1, as amended by PL 2001, c. 580, §1, 
is repealed. 
Sec. 16.  22 MRSA §2383-B, sub-§3, ¶A-2, as enacted by IB 1999, c. 1, §7, is 
repealed. 
Sec. 17.  22 MRSA §2383-B, sub-§3, ¶E, as amended by PL 2009, c. 631, §6 
and affected by §51, is repealed. 
Sec. 18.  23 MRSA §4202, as amended by PL 1971, c. 622, §77-C, is further 
amended to read: 
§4202.  Short title 
This Act shall chapter may be known as and may be cited as the Maine 
Transportation Act. 
Sec. 19.  23 MRSA §4203, first ¶, as amended by PL 1971, c. 622, §77-D, is 
further amended to read: 
The following terms, when used in this Act chapter, shall have the following 
meanings, unless the context otherwise requires. 
Sec. 20.  24 MRSA §2317-B, sub-§12-F, as enacted by PL 2009, c. 578, §1 and 
affected by §4; enacted by c. 634, §1 and affected by §5; and enacted by c. 635, §1 and 
affected by §6, is repealed and the following enacted in its place: 
12-F.  Title 24-A, sections 2766 and 2847-R.  Enrollment of dependent children in 
dental coverage, Title 24-A, sections 2766 and 2847-R; 
Sec. 21.  24 MRSA §2317-B, sub-§12-G is enacted to read: 
12-G.  Title 24-A, sections 2767, 2847-S and 4258.    Coverage for children's early 
intervention services, Title 24-A, sections 2767, 2847-S and 4258; 
Sec. 22.  24 MRSA §2317-B, sub-§12-H is enacted to read: 
12-H.  Title 24-A, sections 2768, 2847-T and 4259.  Coverage for diagnosis and 
treatment of autism spectrum disorders, Title 24-A, sections 2768, 2847-T and 4259; 
Sec. 23.  24 MRSA §2986, sub-§2, as enacted by PL 1999, c. 719, §2 and 
affected by §11, is amended to read: 
2.  Victims' Compensation Board billing.  All licensed hospitals and licensed health 
care practitioners that perform forensic examinations for alleged victims of gross sexual 
assault shall submit a bill to the Victims' Compensation Board directly for payment of the 
forensic examinations.  The Victims' Compensation Board shall determine what a 
forensic examination includes pursuant to Title 5, section 3360-M.  The hospital or health 
care practitioner that performs a forensic examination shall take steps necessary to ensure 
the confidentiality of the alleged victim's identity.  The bill submitted by the hospital or 
health care practitioner may not identify the alleged victim by name but must be assigned 
a tracking number that corresponds to the forensic examination kit.  The tracking number 
may not be the alleged victim's social security number.  The Victims' Compensation 
Board shall pay the actual cost of the forensic examination up to a maximum of $500 
$750.  Licensed hospitals and licensed health care practitioners that perform forensic 
examinations for alleged victims of gross sexual assault may not bill the alleged victim or 
the alleged victim's insurer, nonprofit hospital or medical service organization or health 
maintenance organization for payment for the examination. 
Sec. 24.  24-A MRSA §957, 2nd ¶, as enacted by PL 1983, c. 346, §7, is 
amended to read: 
For any life insurance policy issued on or after January 1, 1987, for which the gross 
premium in the first policy year exceeds that of the 2nd year and for which no 
comparable additional benefit is provided in the first year for that excess and which that 
provides an endowment benefit or a cash surrender value or a combination thereof in an 
amount greater than that excess premium, the foregoing provisions of this section shall 
must be applied as if the method actually used in calculating the reserve for that policy 
were the method described in section 954, ignoring the 2nd paragraph of section 954.  
The minimum reserve at each policy anniversary of such a policy shall be is the greater of 
the minimum reserve calculated in accordance with section 954, including the 2nd 
paragraph of that section, and the minimum reserve calculated in accordance with this 
section 957. 
Sec. 25.  24-A MRSA §2736-A, first ¶, as amended by PL 2009, c. 439, Pt. C, 
§3, is further amended to read: 
If at any time the superintendent has reason to believe that a filing does not meet the 
requirements that rates not be excessive, inadequate, unfairly discriminatory or not in 
compliance with section 6913 6917 or that the filing violates any of the provisions of 
chapter 23, the superintendent shall cause a hearing to be held.  If a filing proposes an 
increase in rates in an individual health plan as defined in section 2736-C, the 
superintendent shall cause a hearing to be held at the request of the Attorney General. In 
any hearing conducted under this section, the insurer has the burden of proving rates are 
not excessive, inadequate or unfairly discriminatory and in compliance with section 6913 
6917. 
Sec. 26.  24-A MRSA §2766, as enacted by PL 2009, c. 634, §2 and affected by 
§5, is reallocated to 24-A MRSA §2767. 
Sec. 27.  24-A MRSA §2766, as enacted by PL 2009, c. 635, §2 and affected by 
§6, is reallocated to 24-A MRSA §2768. 
Sec. 28.  24-A MRSA §2847-R, as enacted by PL 2009, c. 634, §3 and affected by 
§5, is reallocated to 24-A MRSA §2847-S. 
Sec. 29.  24-A MRSA §2847-R, as enacted by PL 2009, c. 635, §3 and affected by 
§6, is reallocated to 24-A MRSA §2847-T. 
Sec. 30.  24-A MRSA §4258, as enacted by PL 2009, c. 635, §4 and affected by 
§6, is reallocated to 24-A MRSA §4259. 
Sec. 31.  25 MRSA §2926, sub-§2-A, as amended by PL 2009, c. 219, §2, is 
further amended to read: 
2-A.  Goal.  To the extent possible, the bureau shall establish a total of between 16 
and 24 public service safety answering points.  The bureau shall seek to coordinate any 
reduction in the number of public service safety answering points to achieve this goal 
with any contractual obligations it may have or may enter into that are or could be 
affected by that reduction.  Prior to implementing a reduction in the number of public 
safety answering points, the bureau shall make a finding regarding the need for the 
reduction based on an evaluation of the costs and benefits of the reduction, taking into 
account impacts on ratepayers, each of the affected municipalities and the State. 
Sec. 32.  31 MRSA §1592, sub-§8, as enacted by PL 2009, c. 629, Pt. A, §2 and 
affected by §3, is amended to read: 
8.  Delivery of notice.  The Secretary of State shall send notice of its 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 domestic limited liability company is 
perfected 5 days after the Secretary of State deposits its 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. 33.  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 its 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 its 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. 
Sec. 34.  34-B MRSA §9008, sub-§1, as enacted by PL 1983, c. 459, §7, is 
amended to read: 
1.  Supplemental or substitute guardian.  Nothing in this compact shall may be 
construed to abridge, diminish or in any way impair the rights, duties and responsibilities 
of any patient's guardian on his the guardian's own behalf or in respect of any patient for 
whom he the guardian may serve, except that, where the transfer of any patient to another 
jurisidiction jurisdiction makes advisable the appointment of a supplemental or substitute 
guardian, any court of competent jurisdiction in the receiving state may make such 
supplemental or substitute appointment and the court which that appointed the previous 
guardian shall, upon being duly advised of the new appointment, and upon the 
satisfactory completion of such accounting and other acts as such court may by law 
require, relieve the previous guardian of power and responsibility to whatever extent shall 
be is appropriate in the circumstances.  In the case of any patient having settlement in the 
sending state, the court of competent jurisdiction in the sending state shall have has the 
sole discretion to relieve a guardian appointed by it or continue his the guardian's power 
and responsibility, whichever it shall deem the court considers advisable.  The court in 
the receiving state may, in its discretion, confirm or reappoint the person or persons 
previously serving as guardian in the sending state in lieu of making a supplemental or 
substitute appointment. 
Sec. 35.  35-A MRSA §107, sub-§1, ¶A, as amended by PL 2009, c. 122, §7, is 
further amended to read: 
A.  An administrative director, a director of telephone and water utility industries, a 
director of electric and gas utility industries, a director of energy programs and a 
director of consumer assistance; 
Sec. 36.  35-A MRSA §107, sub-§2, ¶A, as amended by PL 2009, c. 122, §7, is 
further amended to read: 
A.  The general counsel, the administrative director, the assistant administrative 
director, the director of telephone and water utility industries, the director of electric 
and gas utility industries, the director of energy programs and the director of 
consumer assistance serve at the pleasure of the commission and their salaries must 
be set by the commission within the ranges established by Title 2, section 6-A. 
Sec. 37.  35-A MRSA §107, sub-§2, ¶C, as amended by PL 2009, c. 122, §7, is 
further amended to read: 
C.  The salaries of the other subordinate officials and employees of the commission, 
other than those of the general counsel, the administrative director, the assistant 
administrative director,  the director of telephone and water utility industries, the 
director of electric and gas utility industries, the director of energy programs, the 
director of consumer assistance and the staff attorney and utility analyst positions, are 
subject to the Civil Service Law. 
Sec. 38.  35-A MRSA §1309, sub-§5, as enacted by PL 1987, c. 141, Pt. A, §6, is 
amended to read: 
5.  Complaint received within 6 months after reparation or adjustment ordered.  
Within 6 months after an order has been made authorizing reparation or adjustment under 
subsections 2 and 3, any person aggrieved may complain to the commission that he the 
person is entitled to reparation from the same utility because he the person paid the rates 
which that the utility admits are excessive or reasonable unreasonable or collected 
through error, provided the utility might lawfully have made the reparation on its own 
petition, and provided the person has made a written request for the utility to file its own 
petition for authority to make the reparation or adjustment not less than 30 days before 
filing a complaint with the commission. 
Sec. 39.  35-A MRSA §3132, sub-§6, as amended by PL 2009, c. 615, Pt. A, §1 
and c. 655, Pt. A, §4, is repealed and the following enacted in its place: 
6.  Commission order; certificate of public convenience and necessity.  In its 
order, the commission shall make specific findings with regard to the public need for the 
proposed transmission line.  Except as provided in subsection 6-A for a high-impact 
electric transmission line, if the commission finds that a public need exists, it shall issue a 
certificate of public convenience and necessity for the transmission line.  In determining 
public need, the commission shall, at a minimum, take into account economics, 
reliability, public health and safety, scenic, historic and recreational values, state 
renewable energy generation goals, the proximity of the proposed transmission line to 
inhabited dwellings and alternatives to construction of the transmission line, including 
energy conservation, distributed generation or load management. If the commission 
orders or allows the erection of the transmission line, the order is subject to all other 
provisions of law and the right of any other agency to approve the transmission line.  The 
commission shall, as necessary and in accordance with subsections 7 and 8, consider the 
findings of the Department of Environmental Protection under Title 38, chapter 3, 
subchapter 1, article 6, with respect to the proposed transmission line and any 
modifications ordered by the Department of Environmental Protection to lessen the 
impact of the proposed transmission line on the environment. A person may submit a 
petition for and obtain approval of a proposed transmission line under this section before 
applying for approval under municipal ordinances adopted pursuant to Title 30-A, Part 2, 
Subpart 6-A; and Title 38, section 438-A and, except as provided in subsection 4, before 
identifying a specific route or route options for the proposed transmission line.  Except as 
provided in subsection 4, the commission may not consider the petition insufficient for 
failure to provide identification of a route or route options for the proposed transmission 
line.  The issuance of a certificate of public convenience and necessity establishes that, as 
of the date of issuance of the certificate, the decision by the person to erect or construct 
was prudent.  At the time of its issuance of a certificate of public convenience and 
necessity, the commission shall send to each municipality through which a proposed 
corridor or corridors for a transmission line extends a separate notice that the issuance of 
the certificate does not override, supersede or otherwise affect municipal authority to 
regulate the siting of the proposed transmission line. The commission may deny a 
certificate of public convenience and necessity for a transmission line upon a finding that 
the transmission line is reasonably likely to adversely affect any transmission and 
distribution utility or its customers. 
Sec. 40.  35-A MRSA §3210, sub-§7, as amended by PL 2009, c. 329, Pt. B, §1, 
is further amended to read: 
7.  Information.  The commission shall inform electricity consumers in this State of 
the benefits of electricity generated in this State using renewable resources and of the 
opportunities available in this State to purchase electricity that is generated using those 
resources, including, but not limited to, the green power offer and other green power 
supply products and renewable energy credit products certified under section 3212-A.  
The commission may not promote any renewable resources over others.  The commission 
may apply for, receive and expend grant money from the United States Department of 
Energy and other government agencies for this purpose.  Notwithstanding section 3211-A 
10110, subsection 5 7, the commission also may use up to $100,000 per year from the 
conservation program fund established under section 3211-A 10110, subsection 5 7 to 
support the purposes of this subsection. The commission may create or cause to be 
created a brand or logo to identify Maine renewable resources, including the green power 
offer and other green power supply products and renewable energy credit products 
certified under section 3212-A, to consumers.  The commission shall register any mark or 
logo created pursuant to this subsection with the United States Patent and Trademark 
Office or in accordance with Title 10, chapter 301-A, or both.  Any brand or logo created 
pursuant to this subsection may only be used in accordance with the purposes of this 
subsection as approved by the commission. 
Sec. 41.  38 MRSA §346, sub-§4, as amended by PL 2009, c. 615, Pt. E, §5 and c. 
642, Pt. B, §4, is repealed and the following enacted in its place: 
4.  Appeal of decision.  A judicial appeal of final action by the board or 
commissioner regarding an application for an expedited wind energy development, as 
defined in Title 35-A, section 3451, subsection 4, or a general permit pursuant to section 
480-HH or section 636-A must be taken to the Supreme Judicial Court sitting as the Law 
Court.  The Law Court has exclusive jurisdiction over request for judicial review of final 
action by the commissioner or the board regarding expedited wind energy developments 
or a general permit pursuant to section 480-HH or section 636-A.  These appeals to the 
Law Court must be taken in the manner provided in Title 5, chapter 375, subchapter 7 and 
the Maine Rules of Civil Procedure, Rule 80C. 
Sec. 42.  38 MRSA §1310-B, sub-§2, as amended by PL 2009, c. 579, Pt. A, §1 
and c. 610, §1, is repealed and the following enacted in its place: 
2.  Hazardous waste information and information on mercury-added products 
and electronic devices and mercury reduction plans; chemicals.  Information relating 
to hazardous waste submitted to the department under this subchapter, information 
relating to mercury-added products submitted to the department under chapter 16-B, 
information relating to electronic devices submitted to the department under section 1610, 
subsection 6-A, information relating to mercury reduction plans submitted to the 
department under section 585-B, subsection 6, information related to priority toxic 
chemicals submitted to the department under chapter 27 or information related to 
products that contain the "deca" mixture of polybrominated diphenyl ethers submitted to 
the department under section 1609 may be designated by the person submitting it as being 
only for the confidential use of the department, its agents and employees, the Department 
of Agriculture, Food and Rural Resources and the Department of Health and Human 
Services and their agents and employees, other agencies of State Government, as 
authorized by the Governor, employees of the United States Environmental Protection 
Agency and the Attorney General and, for waste information, employees of the 
municipality in which the waste is located.  The designation must be clearly indicated on 
each page or other portion of information.  The commissioner shall establish procedures 
to ensure that information so designated is segregated from public records of the 
department.  The department's public records must include the indication that information 
so designated has been submitted to the department, giving the name of the person 
submitting the information and the general nature of the information.  Upon a request for 
information, the scope of which includes information so designated, the commissioner 
shall notify the submittor.  Within 15 days after receipt of the notice, the submittor shall 
demonstrate to the satisfaction of the department that the designated information should 
not be disclosed because the information is a trade secret or production, commercial or 
financial information, the disclosure of which would impair the competitive position of 
the submittor and would make available information not otherwise publicly available.  
Unless such a demonstration is made, the information must be disclosed and becomes a 
public record.  The department may grant or deny disclosure for the whole or any part of 
the designated information requested and within 15 days shall give written notice of the 
decision to the submittor and the person requesting the designated information.  A person 
aggrieved by a decision of the department may appeal only to the Superior Court in 
accordance with the provisions of section 346.  All information provided by the 
department to the municipality under this subsection is confidential and not a public 
record under Title 1, chapter 13.  In the event a request for such information is submitted 
to the municipality, the municipality shall submit that request to the commissioner to be 
processed by the department as provided in this subsection. 
Sec. 43.  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. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
Sections 1 and 2 remove a reference to a position that no longer exists and make a 
technical correction. 
Section 3 removes a reference to a council that no longer exists and makes a technical 
correction. 
Sections 4 to 8 correct references to a division in the Department of Agriculture, 
Food and Rural Resources and the division's director to reflect position changes enacted 
in Public Law 2009, chapter 552.  
Section 9 strikes a reference to the Maine Athletic Commission, which was 
eliminated by Public Law 2007, chapter 621, section 13. 
Section 10 corrects a conflict created by Public Law 2009, chapters 523 and 561, 
which affected the same provision of law. This section repeals the provision and replaces 
it with the chapter 561 version. 
Sections 11 and 12 correct a conflict created when Public Law 2009, chapter 487, 
Part A repealed a chapter of law and enacted the substance as a different chapter and 
Initiated Bill 2009, chapter 2 amended a section of the repealed chapter.  Section 12 
incorporates the changes made in the Initiated Bill in the new section. 
Section 13 corrects a spelling error and makes the language gender-neutral. 
Section 14 corrects a reference to Fletchers Landing Township to reflect the name 
change made by Private and Special Law 2005, chapter 3. 
Sections 15 to 17 repeal definitions that were used only in the Maine Revised 
Statutes, Title 22, section 2383-B, subsection 5, which was repealed by Initiated Bill 
2009, chapter 1, section 4. 
Sections 18 and 19 correct references and make grammatical changes. 
Sections 20, 21 and 22 correct a numbering problem created by Public Law 2009, 
chapters 578, 634 and 635, which enacted 3 substantively different provisions with the 
same subsection number. 
Section 23 corrects the maximum amount the Victim's Compensation Board may pay 
for a forensic examination to make the provision consistent with Title 5, section 3360-M, 
which was amended by Public Law 2009, chapter 79, section 4. 
Section 24 corrects an internal reference and makes technical changes. 
Section 25 corrects cross-references. 
Sections 26 and 27 correct a numbering problem created by Public Law 2009, 
chapters 578, 634 and 635, which enacted 3 substantively different provisions with the 
same section number. 
Sections 28 and 29 correct a numbering problem created by Public Law 2009, 
chapters 578, 634 and 635, which enacted 3 substantively different provisions with the 
same section number. 
Section 30 corrects a numbering problem created by Public Law 2009, chapters 634 
and 635, which enacted 2 substantively different provisions with the same section 
number. 
Section 31 replaces the term "public service answering points" with the term "public 
safety answering points" to make Title 25, section 2926, subsection 2-A terminology 
consistent with the rest of the chapter. 
Section 32 corrects the imprecise use of a pronoun. 
Section 33 corrects the imprecise use of a pronoun. 
Section 34 corrects a spelling error, makes grammatical changes and removes gender-
specific language. 
Sections 35, 36 and 37 remove references to a position that no longer exists. 
Section 38 corrects a clerical error, corrects a grammatical error and removes gender-
specific language. 
Section 39 corrects a conflict created by Public Law 2009, chapters 615 and 655, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Section 40 corrects a cross-reference. 
Section 41 corrects a conflict created by Public Law 2009, chapters 615 and 642, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Section 42 corrects a conflict created by Public Law 2009, chapters 579 and 610, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Section 43 adds a subchapter headnote.  Public Law 1977, chapter 341, section 2 
enacted subchapters 2 and 3 of Title 23, chapter 410.  Prior to this enactment, there were 
no subchapters in chapter 410.  This section adds a subchapter 1 headnote to chapter 410.