An Act To Provide Clarity and Consistency in Routine Public Health Licensing Activities
Maine Legislature, Session 126, LD 1387
Committee Amendment CA_A_H371 (House)
Amends: 22 MRSA §1686, 22 MRSA §2491, 22 MRSA §2501

COMMITTEE AMENDMENT "A" to H.P. 990, L.D. 1387, Bill, "An Act To 
Provide Clarity and Consistency in Routine Public Health Licensing Activities" 
Amend the bill by striking out all of section 2 and inserting the following: 
'Sec. 2. 22 MRSA §1686, first~, as repealed and replaced by PL 1987, c. 769, Pt. 
A, §73, is amended to read: 
UHless it is lieeHsea for fewer thaH 13 seats aHa is Hot lieeHsea for OH premise 
COHsl:lmptioH of alcoholic beverages, aH An eating establishment shal-J. must provide at 
least one toilet facility for the use of its customers. Toilet facilities whlefl that require 
access through the food preparation area or the use of which would in any way cause the 
establishment to be in violation of any state law or rule shall may not be considered as 
fulfilling this requirement. The location of the toilets shal-J. must be clearly marked, and 
the toilets must be maintained in a sanitary condition, and in good repair and their 
location must be identifiable from the eating area. There shall may not be 00 ~ charge for 
their use. Lavatory facilities shall must be located within or immediately adjacent to all 
toilet rooms or vestibules.' 
Amend the bill by striking out all of section 4 and inserting the following: 
'Sec. 4. 22 MRSA §2491, sub-§7-F, as enacted by PL 2011, c. 193, Pt. A, §6, is 
amended to read: 
7-F. Lodging place. "Lodging place" means a building or structure, or any part of a 
building or structure, used, maintained, advertised or held out to the public as a place 
where sleeping accommodations are furnished to the public for business purposes. 
"Lodging place" includes, but is not limited to, hotels, motels, gl:lest homes aBd cottages 
bed and breakfasts and inns where the owner or managing entity maintains the sleepiBg 
accommodatioBs lodging facilities and the structures are located in the same general 
physical location. 
"Lodging place" includes a property under common management 
where 4 or more rooms, cottages or condominium units are rented to the public. 
"Lodging place" does not include vacation rentals, youth camps, dormitories of 
charitable, educational or philanthropic institutions, fraternity or sorority houses affiliated 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ·A" to H.P. 990, L.D. 1387 
with educational institutions, permanent residences, rooming houses, tenancies at will or 
rental properties with tenant and landlord relationships. 
Sec. 5. 22 MRS A §2491, sub-§17 is enacted to read: 
17. Vacation rental. "Vacation rental" means a residential property that is rented 
for vacation, leisure or recreation purposes for a day, a week or a month, and typically 
under 30 days but not for more than an entire summer or winter season, to a person who 
has a place of permanent residence to which the person intends to return.' 
Amend the bill by inserting after section 5 the following: 
'Sec. 6. 22 MRSA §2501, first" as amended by PL 2011, c. 193, Pt. B, §1O, is 
further amended to read: 
Private homes are not deemed or considered lodging places and subject to a license 
when not more than 5 rooms are let; such private homes must post in a visible location in 
each rented room a card with the following statement in text that is easily readable in no 
less than 18-point boldface type of uniform font "This lodging place is not regulated by 
the State of Maine Department of Health and Human Services, Maine Center for Disease 
Control and Prevention." The homes must provide guests upon check-in with a notice 
containing the same information. A license is not required from vacation rentals, youth 
camps, dormitories of charitable, educational or philanthropic institutions, or fraternity 
and sorority houses affiliated with educational institutions, or from private homes used in 
emergencies for the accommodation of persons attending conventions, fairs or similar 
public gatherings, nor from temporary eating establishments and temporary lodging 
places for the same, nor from railroad dining or buffet cars, nor from construction camps, 
nor from boarding houses and camps conducted in connection with wood cutting and 
logging operations, nor from any boarding care facilities or children's homes that are 
licensed under section 7801.' 
Amend the bill by adding after section 16 the following: 
'Sec. 17. Appropriations and allocations. The following appropriations and 
allocations are made. 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS) 
Health - Bureau of 0143 
Initiative: Allocates funds for payment of fees to the Office of the Attorney General. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2013-14 
$7,200 
$7,200 
2014-15 
$7,200 
$7,200 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A .. to H.P. 990, L.D. 1387 
SUMMARY 
This amendment changes the definition of "lodging place" so that bed and breakfasts 
and inns are included. It enacts a definition of "vacation rental" and excludes vacation 
rentals from licensing requirements applicable to lodging places. 
It also adds an 
appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/03/13 
~ac 
LD 1387 
LR 520(02) 
An Act To Provide Clarity and Consistency in Routine Public Health Licensing Activities 
Fiscal Note for Bill as Amended by Committee Amendment jI' (I-/ -31 i) 
Committee: Health and Human Services 
Appropriations/Allocations 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY2013-14 
FY 2014-15 
$7,200 
$7,200 
$11,700 
$11,700 
Projections 
FY 2015-16 
$7,200 
$11,700 
Projections 
FY2016-17 
$7,200 
$11,700 
Provides an Other Special Revenue Funds allocation to the Maine Center for Disease Control and Prevention in the 
Department of Health and Human Services for the payment of fees to the Office of the Attorney General. Also 
assumes additional collections of fines and penalties. 
LR0520(02) - Fiscal Note - Page I of I