An Act To Correct Errors and Inconsistencies in the Laws of Maine
Maine Legislature, Session 126, LD 1841
Committee Amendment CA_A_H841 (House)
Amends: 10 MRSA §9721, 10 MRSA §9724, 24-A MRSA §2211, 24-A MRSA §2212, 3 MRSA §959, 5 MRSA §18407, 5 MRSA §18451-A, 12 MRSA §6302-A, 12 MRSA §13104, 16 MRSA §53-A

COMMITTEE AMENDMENT .1/ " 
to H.P. 1323, L.D. 1841, Bill, "An Act To 
Correct Errors and Inconsistencies in the Laws of Maine" 
Amend the bill in Part A by striking out all of sections 5, 9, 10, 12 to 16, 23, 24, 33, 
34,36,37,41 to 48,58 to 66, 68, 77 and 81. 
Amend the bill in Part B by striking out all of section 4. 
Amend the bill in Part C by striking out all of sections 12 and 13. 
Amend the bill by inserting after Part C the following: 
'PARTD 
Sec. D-l. 10 MRSA §9721, sub-§I-A, as amended by PL 2013, c. 120, §13, is 
further amended to read: 
I-A. Building code. "Building code" means any part or portion of any edition of a 
code that regulates the construction of a building, including codes published by the 
International Code Councilor Building Officials and Code Administrators International, 
Inc. or the International Existing Building Code adopted pursuant to Title 10, former 
section 9702, but does not include the fire and life safety codes in Title 25, section 2452. 
Sec. D-2. 10 MRSA §9724, sub-§2, as amended by PL 2009, c. 261, Pt. A, §8, is 
further amended to read: 
2. Prior statewide codes and standards. Effective December 1, 2010, the Maine 
Uniform Building and Energy Code adopted pursuant to this chapter replaces, and is 
intended to be the successor to, the Model Energy Code established in Title 35-A, former 
section 121 and the Maine model radon standard for new residential construction set forth 
in Title 25, former section 2466. 
Sec. D-3. 22 MRS A §2423-A, sub-§1., ~J, as amended by PL 2013, c. 498, §1, 
is further amended to read: 
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COMMITTEE AMENDMENT 'A "toH.P.1323,L.D.1841 
J. Use a pesticide in the cultivation of marijuana if the pesticide is used consistent 
with federal labeling requirements, is registered with the Department of Agriculture, 
Conservation and Forestry, Board of Pesticides Control pursuant to Title 7, section 
and is used consistent with best management practices for pest management 
approved by the Commissioner of Agriculture, Conservation and Forestry. A 
registered primary caregiver may not in the cultivation of marijuana use a pesticide 
unless the registered primary caregiver or the registered primary caregiver's employee 
is certified in the application of the pesticide pursuant to section 1471-D and any 
employee who has direct contact with treated plants has completed safety training 
pursuant to 40 Code of Federal Regulations, Section 170.130. An employee of the 
registered primary caregiver who is not certified pursuant to section 1471-D and who 
is involved in the application of the pesticide or handling of the pesticide or 
equipment must first complete safety training described in 40 Code of Federal 
Regulations, Section 170.230~; and 
Sec. D-4. 22 MRS A §3763, sub-§l, as amended by PL 201 I, c. 380, Pt. PP, §3, 
is further amended to read: 
1. Family contract. During the T ANF orientation process, a representative of the 
department and the T ANF recipient shall enter into a family contract. 
The family 
contract must state the responsibilities of the parties to the agreement including, but not 
limited to, cooperation in child support enforcement and detennination of paternity, the 
requirements of the ASPIRE-T ANF program and referral to parenting activities and 
health care services. Except as provided in section 3762, subsection 4, refusal to sign the 
family contract or to abide by the provisions of the contract, except for referral to 
parenting activities and health care services, will result in tennination of benefits under 
seotioB subsection I-A. Failure to comply with referrals to parenting activities or health 
care services without good cause will result in a review and evaluation of the reason for 
noncompliance by the representative of the department and may result in sanctions. 
Written copies of the family contract and a notice of the right to a fair hearing must be 
given to the individual. The family contract must be amended in accordance with section 
3788 when a participant enters the ASPlRE-TANF program and when participation 
review occurs. 
Benefits that have been terminated under tffis. subsection I-A must be restored once the 
adult recipient signs a new family contract lHlder sl:l9SeotioB 1 and complies with the its 
provisions ofthe family oOBtraot. 
Sec. D-S. 24-A MRSA §2211, sub-§l, ~A, as enacted by PL 1997, c. 677, §3 
and affected by §5, is amended to read: 
A. In the case of recorded personal infonnation contained within a consumer report, 
provide the consumer with the name and address of the consumer reporting agency 
that furnished the report and notify the consumer of the rights under Title 10, seetioB 
HH 15 United States Code, Section 1681 i governing the correction of inaccurate 
personal information contained in a consumer report; or 
Sec. D-6. 24-A MRSA §2212, sub-§l, ~A, as enacted by PL 1997, c. 677, §3 
and affected by §5, is amended to read: 
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COMMITTEE AMENDMENT" A" to H.P. 1323, L.D. 1841 
A. 
Comply with Title 10, sectioH 1320, subsectioH 1 B the federal Fair Credit 
Reporting Act, 15 United States Code, Section 1681m if the decision is based in 
whole or in part on any information contained in a consumer report; 
PARTE 
Sec. E-l. 3 MRSA §959, sub-§l, ~C, as amended by PL 2013, c. 505, §1, is 
further amended to read: 
C. The joint standing committee of the Legislature having jurisdiction over business, 
research and economic development matters shall use the following list as a guideline 
for scheduling reviews: 
(1) Maine Development Foundation in 2021; 
(5) Department of Professional and Financial Regulation, in conjunction with the 
joint standing committee of the Legislature having jurisdiction over baHkiHg aHd 
insurance and financial services matters, in WU 2015; 
(19) Department of Economic and Community Development in 2021; 
(23) Maine State Housing Authority in 2015; 
(32) Finance Authority of Maine in 2017; 
(36) Board of Dental Examiners in 2019; 
(37) Board of Osteopathic Licensure in 2019; 
(38) Board of Licensure in Medicine in 2019; 
(41) State Board of Nursing in 2019; 
(42) State Board of Optometry in 2019; and 
(45) State Board of Registration for Professional Engineers in 2019. 
Sec. E-2. Effective date. That section of this Part that amends the Maine Revised 
Statutes, Title 3, section 959, subsection 1, paragraph C takes effect 90 days after the 
adjournment of the Second Regular Session of the 126th Legislature. 
Sec. E-3. 5 MRSA §18407, sub-§7, ~, as enacted by PL 2013, c. 391, §8, is 
amended to read: 
E. 
Notwithstanding any other provision of this section, the amount of annual 
retirement benefit otherwise payable under this Part may not be less than the 
retiremeHt retired member received on the effective date of retirement or on July 1, 
1977, whichever amount is greater. 
Sec. E-4. 5 MRSA §18451-A, sub-§2, as enacted by PL 2013, c. 391, §1O, is 
amended to read: 
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COMMITTEE AMENDMENT "ft "to H.P. 1323, L.D. 1841 
2. Members after June 30, 2014. After Jooe 30, 2014, qualifieatioH Qualification 
for a service retirement benefit for a member who was Hot is first covered under chapter 
after June 30, 2014 is governed as follows. 
A. A member who is in service when reaching 65 years of age, or is in service after 
reaching 65 years of age, qualifies for a service retirement benefit if the member: 
(1) Retires upon or after reaching 65 years of age and has been in service for a 
minimum of one year immediately before retirement; ami or 
(2) 
Has at least 5 years of creditable service, which, for the purposes of 
determining completion of the 5-year requirement, may include creditable service 
as a member of the Legislative Retirement Program. 
B. A member who is not in service when reaching 65 years of age qualifies for a 
service retirement benefit if the member: 
(1) Retires upon or after reaching 65 years of age; and 
(2) 
Has at least 5 years of creditable service, which, for the purposes of 
determining completion of the 5-year requirement, may include creditable service 
as a member of the Legislative Retirement Program. 
C. A member, whether or not in service at retirement, who has completed 25 or more 
years of creditable service qualifies for a service retirement benefit if the member 
retires at any time after completing 25 years of service, which may include, for the 
purpose of meeting eligibility requirements, creditable service as a member of the 
Legislative Retirement Program. 
Sec. E-5. 12 MRSA §6302-A, sub-§3,~, as amended by PL 2013, c. 8, §l and 
repealed and replaced by c. 9, §1, is repealed and the following enacted in its place: 
E. 
The Penobscot Nation may not issue to members of the nation commercial 
licenses for the taking of elvers in any calendar year that exceed the following limits: 
(1) Eight licenses that allow the taking of elvers with 2 pieces of gear, consisting 
of an elver fyke net and a dip net, or 2 fyke nets; and 
(2) Forty licenses that allow the taking of elvers with one piece of gear only, 
consisting of either an elver fyke net or a dip net. 
The commissioner shall by rule allow the Penobscot Nation to issue additional 
commercial licenses to members of the nation for the taking of elvers if the 
commissioner and the Penobscot Nation determine that elver resources are sufficient 
to permit the issuance of new licenses; 
Sec. E-6. 12 MRSA §13104, sub-§16 is enacted to read: 
16. Reciprocity. The commissioner may allow a nonresident to operate in this State 
a snowmobile that is not registered in this State during one 3-consecutive-day period, 2 
days of which are weekend days, annually if: 
A. The nonresident's snowmobile has a valid registration from another state; and 
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COMMITTEE AMENDMENT 'A "to H.P. 1323, L.D. 1841 
B. The nomesident's state of residency allows a snowmobile registered in Maine to 
be operated in that state for a period of time of at least 3 consecutive days without 
being registered in that state. 
This subsection may not be construed to authorize the operation of a snowmobile in a 
manner contrary to this chapter except as provided in this subsection. 
Sec. E-7. Effective date. That section of this Part that enacts the Maine Revised 
Statutes, Title 12, section 13104, subsection 16 applies retroactively to October 1, 2013. 
Sec. E-8. 16 MRSA §53-A, sub-§I, "C and D are enacted to read: 
C. "Confidential criminal history record information" has the same meaning as in 
section 703, subsection 2. 
D. "Criminal justice agency" has the same meaning as in section 703, subsection 4. 
Sec. E-9. 16 MRSA §53-A, sub-§3 is enacted to read: 
3. Confidential criminal history record information. A Maine criminal justice 
agency, whether directly or through any intermediary, may disseminate confidential 
criminal history record information to a sexual assault counselor for the purpose of 
planning for the safety of a victim of sexual assault. A sexual assault counselor who 
receives confidential criminal history record information pursuant to this subsection shall 
use it solely for the purpose authorized by this subsection and may not further 
disseminate the information. 
Sec. E-I0. 16 MRS A §53-B, sub-§I-A, as enacted by PL 2013, c. 478, §6, is 
amended to read: 
I-A. Confidential criminal history record information. A Maine criminal justice 
agency, whether directly or through any intermediary, may disseminate confidential 
criminal history record information to an advocate for the purpose of planning for the 
safety of a victim of domestic violence or a vietim of sexual assault. An advocate who 
receives confidential criminal history record information pursuant to this subsection shall 
use it solely for the purpose authorized by this subsection and may not further 
disseminate the information. 
Sec. E-ll. 36 MRS A §1811, first " as amended by PL 2013, c. 368, Pt. M, §2 
and Pt. N, §2, is repealed and the following enacted in its place: 
A tax is imposed on the value of all tangible personal property, products transferred 
electronically and taxable services sold at retail in this State. The rate of tax is 7% on the 
value of liquor sold in licensed establishments as defined in Title 28-A, section 2, 
subsection 15, in accordance with Title 28-A, chapter 43; 7% on the value of rental of 
living quarters in any hotel, rooming house or tourist or trailer camp; 10% on the value of 
rental for a period of less than one year of an automobile, of a pickup truck or van with a 
gross vehicle weight of less than 26,000 pounds rented from a person primarily engaged 
in the business of renting automobiles or of a loaner vehicle that is provided other than to 
a motor vehicle dealer's service customers pursuant to a manufacturer's or dealer's 
warranty; 7% on the value of prepared food; and 5% on the value of all other tangible 
personal property and taxable services and products transferred electronically. 
Notwithstanding the other provisions of this section, from October 1, 2013 to June 30, 
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2015, the rate of tax is 8% on the value of rental of living quarters in any hotel, rooming 
house or tourist or trailer camp; 8% on the value of prepared food; 8% on the value of 
liquor sold in licensed establishments as defined in Title 28-A, section 2, subsection 15, 
in accordance with Title 28-A, chapter 43; and 5.5% on the value of all other tangible 
personal property and taxable services and products transferred electronically. Value is 
measured by the sale price, except as otherwise provided. The value of rental for a period 
of less than one year of an automobile or of a pickup truck or van with a gross vehicle 
weight of less than 26,000 pounds rented from a person primarily engaged in the business 
of renting automobiles is the total rental charged to the lessee and includes, but is not 
limited to, maintenance and service contracts, drop-off or pick-up fees, airport 
surcharges, mileage fees and any separately itemized charges on the rental agreement to 
recover the owner's estimated costs of the charges imposed by government authority for 
title fees, inspection fees, local excise tax and agent fees on all vehicles in its rental fleet 
registered in the State. All fees must be disclosed when an estimated quote is provided to 
the lessee.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
PART A 
Sections 5, 36 and 37 are deleted because the sections amended include cross-
references to repealed sections of law. Deleting these sections from the bill gives the 
Department of Health and Human Services an opportunity to determine if the terms used 
should cross-reference existing definitions or be defined where the terms are used. 
Sections 9 and 10 are deleted from Part A but included in amended form in Part D to 
correct references. 
Sections 12 to 15 are deleted because they address the organization of the Department 
of Agriculture, Conservation and Forestry in ways that conflict with other provisions of 
existing law. 
Section 16 is deleted but included in amended form in Part D. 
Sections 23 and 24 are deleted because the conflicts are addressed in Public Law 
2013, chapter 538. 
Section 33 is deleted because the conflict is addressed in Public Law 2013, chapter 
497. 
Section 34 is deleted because the conflict is addressed in Public Law 2013, chapter 
457. 
Section 41 is deleted but included in amended form in Part D. 
Sections 42 to 47, concerning poultry production and slaughter, are deleted because 
the corrections of the conflicts need additional review. 
Section 48 is deleted but included in amended form in Part D. 
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"to H.P. 1323, L.D. 1841 
Sections 58 to 65 are deleted because the conflicts are addressed in Public Law 2013, 
chapter 476. 
Section 66 is deleted because the conflict is addressed in Public Law 2013, chapter 
531. 
Section 68 is deleted because the conflict is addressed in Public Law 2013, chapter 
496. 
Section 77 is deleted because the proposed cross-reference change, concerning 
municipal property tax abatement procedures, is not correct. 
Section 81 is deleted because the same section is repealed and replaced in L.D. 1751. 
PARTB 
Section 4 is deleted because the correction is addressed in Public Law 2013, chapter 
476. 
PARTe 
Sections 12 and 13 are deleted but included in amended form in Part D. 
PARTD 
Part D consists of sections deleted from the bill because amendments to the text are 
necessary. 
Section 1 amends the text included as Part A, section 9 in the bill to delete the 
unnecessary reference to the Maine Revised Statutes, Title 10. 
Section 2 amends the text included as Part A, section 10 in the bill to clarify that the 
cross-reference is to a former section of law. 
Section 3 amends the Maine Revised Statutes, Title 22, section 2423-A, subsection 2, 
paragraph J, as amended by Public Law 2013, chapter 498, to correct a conflict that was 
addressed in Part A, section 41 but not addressed in chapter 498. 
Section 4 corrects cross-references and wording concerning family contracts and the 
termination and reinstatement ofTANF benefits. 
Section 5 amends text included as Part C, section 12 to correct the punctuation and 
update a cross-reference to federal law. 
Section 6 amends text included as Part C, section 13 to update a cross-reference to 
federal law . 
PARTE 
Part E contains corrections not included in the bill. Some of the corrections may be 
considered substantive. 
Section 1 amends the scheduling of reviews under the State Government Evaluation 
Act to make the reviews of the Department of Professional and Financial Regulation be 
conducted by 2 different joint standing committees of the Legislature in 2015. It also 
updates the description of the joint standing committee of the Legislature having 
jurisdiction over insurance and financial services matters. Public Law 2013, chapter 505 
enacted different years for review. Section 2 makes the changes in section 1 take effect at 
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the same time as chapter 505 will take effect, which is 90 days after the adjournment of 
the Second Regular Session of the 126th Legislature. 
Sections 1 and 2 make a 
substantive change that is supported by the Joint Standing Committee on State and Local 
Government. 
Section 3 corrects a clerical error in Public Law 2013, chapter 391 by deleting the 
word "retirement" and inserting the word "retired" to maintain consistency with other 
retirement statutes. This is a technical change. 
Section 4 corrects the wording to clearly state that the different scenarios under which 
a member qualifies for a service retirement benefit apply when the member is first 
covered under the participating local district consolidated plan under the Maine Revised 
Statutes, Title 5, chapter 427 after June 30, 2014. This is a technical change. 
Section 5 amends the language proposed in the bill as Part A, section 16 pertaining to 
the issuance of elver licenses by the Penobscot Nation. Public Law 2013, chapter 604 
provided for 8 licenses to authorize the use of 2 pieces of gear, specifically an elver fyke 
net and a dip net. Section 5 codifies the current practice of allowing the holders of the 8 
licenses to use 2 fyke nets. This is a substantive change supported by the Joint Standing 
Committee on Marine Resources. 
Section 6 corrects an error that occurred when an existing sunset repealed the Maine 
Revised Statutes, Title 12, section 13104, subsection 15 on October 1, 2013, before 
Public Law 2013, chapter 386, enacted during the First Regular Session of the 126th 
Legislature, which repealed the sunset provision regarding weekend snowmobile 
registration reciprocity, took effect on October 9,2013. The purpose of this amendment is 
to restore, in accordance with the intent of the Legislature, the reciprocal agreement 
between Maine and other states regarding a snowmobile weekend registration and to 
make that provision permanent as intended in chapter 386. Section 7 makes section 6 
take effect retroactively to the date the sunset took effect. Sections 6 and 7 make a 
substantive change that is supported by the Joint Standing Committee on Inland Fisheries 
and Wildlife. 
Sections 8 and 9 correct inadvertent omissions in the Committee Amendment of the 
Joint Standing Committee on Criminal Justice and Public Safety to L.D. 1656, An Act to 
Increase Safety for Victims of Domestic Violence, which is now Public Law 2013, 
chapter 478. L.D. 1656 allowed law enforcement agencies to share confidential criminal 
history record information with family violence advocates for the sole purpose of 
planning for the safety of a victim of domestic violence. The committee amended the bill 
to also authorize the sharing of that information with sexual assault counselors for the 
sole purpose of planning for the safety of a victim of sexual assault. 
Sections 8 and 9 
enact the language that was inadvertently omitted. Section 10 deletes from the family 
violence advocates' statute the unnecessary reference to sexual assault victims. These 
changes are substantive changes, supported by the Joint Standing Committee on Criminal 
Justice and Public Safety. 
Section 11 corrects a conflict in the sales tax laws when Part M and Part N of Public 
Law 2013, chapter 368 amended the same section without reference to each other. Part 
M increased the general sales tax temporarily. Part N clarified that the general sales tax 
applies to products transferred electronically. 
Section 11 corrects the conflict and 
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expressly clarifies that the general sales tax applies to products transferred electronically. 
This is a technical change. 
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