An Act To Correct Errors and Inconsistencies in the Laws of Maine
Maine Legislature, Session 126, LD 1536
Committee Amendment CA_A_H566 (House)
Amends: 5 MRSA §17806, 13 MRSA §1506, 15 MRSA §103, 15 MRSA §3206, 19-A MRSA §651, 19-A MRSA §907, 19-A MRSA §1654, 22 MRSA §335, 32 MRSA §4693, 32 MRSA §7026, 34-A MRSA §1216, 35-A MRSA §10103

COMMITTEE AMENDMENT" Pr" to H.P. 1103, L.D. 1536, 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 1,3,7,8,15,17,21,22,27, 
32,33,34,36,40 and 41. 
Amend the bill by striking out all of Parts B, C and D and inserting the following: 
'PARTB 
Sec. B-1. 5 MRSA §17806, sub-§I, ,A, as amended by PL 2011, c. 380, Pt. T, 
§10 and affected by §26, is further amended to read: 
A. Except as provided in paragraph A-I, whenever there is a percentage increase in 
the Consumer Price Index from July 1st to June 30th, the board shall automatically 
make an equal percentage increase in retirement benefits, beginning in September, up 
to a maximum annual increase of 3 %. Effective July 1, 2011, the increase applies to 
that portion of the retirement benefit, up to $20,000, which amount must be indexed 
in subsequent years by the same percentage adjustments granted under this 
paragraph. 
Sec. B-2. 13 MRSA §1506 is repealed. 
Sec. B-3. 15 MRSA §103, 2nd " as enacted by PL 2009, c. 268, §4, is amended 
to read: 
When a person who has been evaluated on behalf of a court by the State Forensic 
Service is committed into the custody of the Commissioner of Health and Human 
Services pursuant to this section, the court shall order that the State Forensic Service 
share any information it has collected or generated with respect to the person with the 
institution or residential program in which the person is placed. 
Sec. B-4. 15 MRSA §3206, as amended by PL 2011, c. 336, §2, is further 
amended to read: 
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§3206. Detention of juveniles 
A person under 18 years of age who is arrested for a crime defined under Title 12 or 
Title 29-A that is not a juvenile crime as defined in section 3103 is not subject to chapter 
105-A and may not be detained unless a juvenile community corrections officer has been 
notified within 2 hours after the person's arrest and the juvenile community corrections 
officer or attorney for the State has approved the detention. Section 3203-A, subsection 
7, paragraphs A and B governing the facilities in which juveniles may be detained apply 
to any detention of such a juvenile following arrest~ and section 3203-A, subsection:;' 1., 
paragraph C applies to the decision whether to release or further detain the juvenile. 
Sec. B-5. 19-A MRSA §651, sub-§2, as amended by PL 2011, c. 511, §1 and IB 
2011, c. 1, §3, is repealed and the following enacted in its place: 
2. Application. The parties wishing to record notice of their intentions of marriage 
shall submit an application for recording notice of their intentions of marriage. The 
application may be issued to any 2 persons otherwise qualified under this chapter 
regardless of the sex of each person. The application must include a signed certification 
that the infonnation recorded on the application is correct and that the applicant is free to 
marry according to the laws of this State. 
The applicant's signature must be 
acknowledged before an official authorized to take oaths. 
An application recording 
notice of intention to marry is not open for public inspection for 50 years from the date of 
the application except that: 
A. The names of the parties for whom intentions to marry are filed and the intended 
date of marriage are public records and open for public inspection; and 
B. A person with a researcher identification card under Title 22, section 2706, 
subsection 8 is pennitted to inspect records and may be issued a noncertified copy of 
an application. 
Sec. B-6. 19-A MRSA §907, 2nd ~, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, §2, is amended to read: 
The validity of a custody determination contained in or ancillary to a valid divorce 
decree granted by another state is governed by the Unifonn Child Custody Jurisdiction 
and Enforcement Act. 
Sec. B-7. 19-A MRSA §1654, 2nd ~, as enacted by PL 1995, c. 694, Pt. B, §2 
and affected by Pt. E, §2, is amended to read: 
The jurisdiction granted by this section is limited by the Unifonn Child Custody 
Jurisdiction and Enforcement Act, if another state may have jurisdiction as provided in 
that Act. 
Sec. B-8. 19-A MRS A §4014, sub-§l, as amended by PL 2001, c. 240, §3, is 
further amended to read: 
1. 
Rules establishing standards and procedures for certification. 
The 
Department of Corrections, referred to in this section as the "department," shall adopt 
rules pursuant to the Maine Administrative Procedure Act, in consultation with the Maine 
Commission on Domestic and Sexual Abuse, that establish standards and procedures for 
certification ofbatterers' intervention programs. The department, in consultation with the 
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commission, shall review and certify programs that meet the standards. Rules adopted 
pursuant to this subsection are major sH9staative routine technical rules pHrsHant to as 
defined in Title 5, chapter 375, subchapter II-A 2-A. 
Sec. B-9. 22 MRSA §335, sub-§5-A, ~, as amended by PL 2011, c. 648, §9, is 
further amended to read: 
I. Except with regard to a project related to nursing facility services, or a project that 
qualifies for a simplified review process under section 336, the cOHlfflission@r may 
require a written assessment by the Superintendent of Insurance of the impact of the 
project on the cost of insurance in the region and the State when required by the 
commISSIOner. 
The superintendent may request additional information from the 
applicant for the purpose of reviewing the application. Any such request must be 
transmitted through the department and becomes part of the official record. The 
applicant shall respond to the request within 30 days. Any such response must be 
transmitted through the department and becomes part of the official record. The 
inability of the superintendent to complete the review of the application due to the 
failure of the applicant to respond timely must be noted in the superintendent's 
assessment filed with the department and may be cause for the commissioner to deny 
approval of the proj ect. 
Sec. B-I0. 30-A MRS A §4349-A, sub-§I, ,C, as amended by PL 2011, c. 542, 
Pt. A, §54 and c. 655, Pt. n, §22 and affected by §41, is repealed and the following 
enacted in its place: 
C. Areas other than those described in paragraph A or B for the following projects: 
(1) A project related to a commercial or industrial activity that, due to its 
operational or physical characteristics, typically is located away from other 
development, such as an activity that relies on a particular natural resource for its 
operation; 
(2) An airport, port or railroad or industry that must be proximate to an airport, a 
port or a railroad line or terminal; 
(3) A pollution control facility; 
(4) A project that maintains, expands or promotes a tourist or cultural facility 
that is required to be proximate to a specific historic, natural or cultural resource 
or a building or improvement that is related to and required to be proximate to 
land acquired for a park, conservation, open space or public access or to an 
agricultural, conservation or historic easement; 
(5) A project located in a municipality that has none of the geographic areas 
described in paragraph A or B and that prior to Janumy 1. 2000 formally 
requested but had not received from the former State Planning Office funds to 
assist with the preparation of a comprehensive plan or that received funds from 
the department to assist with the preparation of a comprehensive plan within the 
previous 2 years. This exception expires for a municipality 2 years after such 
funds are received; or 
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(6) A housing project serving the following: individuals with mental illness, 
developmental disabilities, physical disabilities, brain injuries, substance abuse 
problems or a human immunodeficiency virus; homeless individuals; victims of 
domestic violence; foster children; or children or adults in the custody of the 
State. A nursing home is not considered a housing project under this paragraph. 
Sec. B-U. 32 MRSA §4693, sub-§2, as corrected by RR 2009, c. 2, §89, is 
amended to read: 
2. Notice. The following notice: As required by Maine law, we have secured a bond 
in the amount of $30,000 issued by _______________ _ 
(Name and address of surety company) 
Before signing a contract to purchase a business opportunity, you should check with the 
surety company to determine the current status of the bond. 
or 
As required by Maine law, we maintain an escrow account in the amount of $30,000 in 
the 
. (N arne and address of 
licensed bank or savings institute) 
Before signing a contract to purchase a business opportunity, you should check with the 
surety eompany licensed bank or savings institute to detennine the current status of the 
escrow account. 
Sec. B-12. 32 MRSA §7026, first ~, as amended by PL 2007, c. 621, §10, is 
further amended to read: 
The State Board of Social Worker Licensure, as established by Title 5, section 
12004-A, subsection 38, within the Department of Professional and Financial Regulation, 
shall administer this chapter. 
The board consists of 7 members appointed by the 
Governor. 
Five members of the board must be licensed clinical social workers or 
licensed master social workers and there must be 2 public members as defmed in Title 5, 
section 12004 C 12004-A. In addition, board members must meet the qualifications 
required under section 7027. 
Sec. B-13. 34-A MRSA §1216, sub-§l, as amended by PL 2011, c. 515, §2 and 
c. 662, §22, is repealed and the following enacted in its place: 
1. 
Limited disclosure. All orders of commitment, medical and administrative 
records, applications and reports, and facts contained in them, pertaining to any person 
receiving services from the department must be kept confidential and may not be 
disclosed by any person, except that public records must be disclosed in accordance with 
Title 1, section 408-A; criminal history record information may be disseminated in 
accordance with Title 16, chapter 3, subchapter 8; and documents other than those 
documents pertaining to information obtained by the department for the purpose of 
evaluating a client's ability to participate in a community-based program or from 
informants in a correctional or detention facility for the purpose of determining whether 
facility rules have been violated or pertaining to a victim's request for notice of release 
may, and must upon request, be disclosed: 
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A. To any person if the person receiving services, that person's legal guardian, if any, 
and, if that person is a minor, that person's parent or legal guardian give informed 
written consent to the disclosure of the documents referred to in this subsection after 
being given the opportunity to review the documents sought to be disclosed; 
B. 
To any state agency if necessary to carry out the statutory functions of that 
agency; 
C. If ordered by a court of record, subject to any limitation in the Maine Rules of 
Evidence, Rule 503; 
D. To any criminal justice agency if necessary to carry out the administration of 
criminal justice or the administration of juvenile criminal justice or for criminal 
justice agency employment; 
E. To persons engaged in research if: 
(1) The research plan is first submitted to and approved by the commissioner; 
(2) The disclosure is approved by the commissioner; and 
(3) Neither original records nor identifying data are removed from the facility or 
office that prepared the records. 
The commissioner and the person doing the research shall preserve the anonymity of 
the person receiving services from the department and may not disseminate data that 
refer to that person by name or number or in any other way that might lead to the 
person's identification; 
F. To persons who directly supervise or report on the health, behavior or progress of 
a juvenile, to the superintendent of a juvenile'S school and the superintendent's 
designees and to agencies that are or might become responsible for the health or 
welfare of a juvenile if the information is relevant to and disseminated for the 
purpose of creating or maintaining an individualized plan for the juvenile's 
rehabilitation, including reintegration into the school; or 
G. To any state agency engaged in statistical analysis for the purpose of improving 
the delivery of services to persons who are or might become mutual clients if: 
(1) The plan for the statistical analysis is first submitted to and approved by the 
commissioner; and 
(2) The disclosure is approved by the commissioner. 
The commissioner and the state agency requesting the information shall preserve the 
anonymity of the persons receiving services from the department and may not 
disseminate data that refer to any person by name or number or that in any other way 
might lead to a person's identification. 
Notwithstanding any other provision of law, the department may release the names, dates 
of birth and social security numbers of persons receiving services from the department 
and, if applicable, eligibility numbers and the dates on which those persons received 
services to any state or federal agency for the sole purpose of determining eligibility and 
billing for services and payments under federally funded programs administered by the 
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agency. The department may also release to the agency information required for and to be 
used solely for audit or research purposes, consistent with federal law, for those services 
provided by or through the department. Agency personnel shall treat this information as 
confidential in accordance with federal and state law and shall return the records when 
their purpose has been served. 
Sec. B-14. 35-A MRSA §10103, sub-§2, ~A, as amended by PL 2011, c. 637, 
§2 and c. 655, Pt. MM, § 18 and affected by §26, is repealed and the following enacted in 
its place: 
A. The board consists of the following 9 voting members: 
(1) The Director of the Governor's Energy Office; 
(2) The director of the Maine State Housing Authority; and 
(3) Seven members appointed by the Governor, reviewed by the joint standing 
committee of the Legislature having jurisdiction over energy matters and 
approved by the Senate. 
Among these 7 members must be persons who 
adequately represent the interests of commercial energy consumers, industrial 
energy consumers, small business energy consumers, residential energy 
consumers and low-income energy consumers; among these members must be 
persons with knowledge of and experience in financial matters and consumer 
advocacy and who possess substantial management expertise or knowledge of or 
experience with conservation fund programs, carbon reduction programs or 
energy efficiency or climate change policy. 
The requirements of this 
subparagraph may be met through the appointment of one or more persons who 
satisfy more than one of the requirements, as long as at anyone time the 7 
members include among them members who adequately represent the identified 
interests and who possess the required knowledge, expertise and experience. 
Appointed trustees serve 3-year terms. 
If an appointed trustee is unable to 
complete the term, the Governor shall appoint a replacement for the remainder of 
the unexpired term. 
PARTC 
Sec. C-l. Resolve 2013, c. 22, §3, amended. Resolved: That Resolve 2013, c. 
22, §3 is amended to read: 
Sec. 3. Working group; members. Resolved: That the Executive Director of 
Jobs for Maine's Graduates shall invite the following organizations to appoint 
representatives of their organizations to serve as members of the working group under 
this resolve: 
1. Maine Association for Career and Technical Education; 
2. Maine State Chamber ofCornrnerce; 
3. Maine Restaurant Association; 
4. Associated Builders and Contractors of Maine; and 
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5_ The Cianhm Commmie,,: anrl 
6. The Science, Technology, Engineering and Mathematics Council, as established in 
the Maine Revised Statutes, Title 20-A, section 11. 
The Executive Director of Jobs for Maine's Graduates shall also invite representatives 
of key education stakeholder groups that have an interest in applied learning opportunities 
to participate; and be it further 
Sec. C-2. Limited liability company; fee for filing correction of assumed 
name. Notwithstanding the Maine Revised Statutes, Title 31, section 1673, subsection 6 
and section 1680, subsection 11, a limited liability company that filed a statement 
between July 1, 2011 and May 3, 2013 for use of an assumed name containing the words 
"limited liability company" or "limited company" or the abbreviation "L.L.c.," "LLC," 
"L.c." or "LC" or, in the case of a low-profit limited liability company, "L3C" solely 
because of the language in Title 31, section 1508, subsection 1, as enacted by Public Law 
2009, chapter 629, Part A, section 2, may file with the Secretary of State a statement of 
correction under Title 31, section 1675 removing those words or abbreviations from the 
assumed name on or before October 1, 2013 without paying a filing fee. 
Sec. C-3. Effective date. That section of this Part that amends Resolve 2013, 
chapter 22, section 3 takes effect 90 days after the adjournment of the First Regular 
Session ofthe 126th Legislature.' 
SUMMARY 
This amendment strikes out 15 sections from Part A of the bill. This amendment 
strikes Parts B, C and D from the bill because the corrections are correctly addressed in 
Legislative Document 837, "An Act To Clarify the Laws Establishing the Department of 
Agriculture, Conservation and Forestry," of this Legislature. This amendment adds new 
Parts Band C as follows. 
PART B 
Part B of the amendment does the following. 
Section 1 removes a comma to reflect the intent of the provision of law concerning 
cost-of-living adjustments to retirement benefits. 
Section 2 repeals a provision of law that states that consumer cooperative 
associations are subject to Title 32, chapter 13, which was repealed in 1985. Title 32, 
chapter 135, the successor to chapter 13, exempts securities issued by associations such 
as consumer cooperatives. 
Section 3 amends Title 15, section 103, 2nd paragraph to provide consistency with 
changes made 
in Public Law 2011, 
chapter 542, 
which implemented the 
recommendations of the Department of Health and Human Services and the Maine 
Developmental Disabilities Council regarding respectful language developed pursuant to 
Public Law 2011, chapter 186, Part B. 
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Section 4 amends the Maine Juvenile Code to correct a cross-reference concerning 
the decision whether to release or further detain a juvenile arrested for a crime under Title 
or Title 29-A. 
Section 5 corrects a conflict created by Initiated Bill 2011, chapter 1, section 3 and 
Public Law 2011, chapter 511, section 1, which affected the same provision of law, by 
incorporating the changes made by both laws concerning applications for recording 
notice of intention of marriage. 
Sections 6 and 7 correct cross-references to the Uniform Child Custody Jurisdiction 
and Enforcement Act. 
Public Law 1999, chapter 486 repealed the Uniform Child 
Custody Jurisdiction Act and replaced it with the Uniform Child Custody Jurisdiction and 
Enforcement Act. 
Section 8 amends the protection from abuse statutes concerning batterers' 
intervention programs. Resolve 2013, chapter 3 provides for immediate changes to the 
rules governing batterers' intervention programs in response to a court decision that 
identified an unconstitutional regulatory scheme. 
The rules are designated as major 
substantive rules in Title 19-A, section 4014, subsection 1. Resolve 2013, chapter J 
provided that, notwithstanding Title 19-A, section 4014, subsection 1, all rules or 
amendments to rules on the subject of the certification of batterers' intervention programs 
are considered routine technical rules. 
Section 8 amends Title 19-A, section 4014, 
subsection 1 to be consistent with Resolve 2013, chapter 3. 
Section 9 replaces Part A, section 15 of the bill. It clarifies that elements of the 
record of the certificate of need application process include the actuarial analysis 
undertaken by the Superintendent of Insurance when the analysis is required by the 
Commissioner of Health and Human Services. 
Section 10 corrects a conflict created by Public Law 2011, chapters 542 and 655, 
which affected the same provision of law, by incorporating the changes made by both 
laws concerning growth management programs and capital investments. 
Section 11 corrects a clerical error in Title 32, section 4693, subsection 2, which 
provides 2 options for the notice that must be included in the disclosure statement that is 
required to be made to a consumer purchasing a business opportunity in this State. The 
first option applies when the seller has secured a surety bond from a surety company, and 
the 2nd option applies when the seller has established an escrow account at a licensed 
bank or savings institute. The current law regarding the 2nd option erroneously contains 
a reference to a surety company. This section corrects that reference so that it refers to a 
licensed bank or savings institute. 
Section 12 corrects a statutory reference to the definition of "public member" in the 
law governing the State Board of Social Worker Licensure. 
Section 13 corrects a conflict created by Public Law 2011, chapters 515 and 662, 
which amended Title 34-A, section 1216, subsection 1 in 2 different ways by 
incorporating the changes made by both public laws concerning limited disclosure of 
records of persons receiving services from the Department of Corrections. 
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Section 14 corrects a conflict created by Public Law 2011, chapters 637 and 655, 
which affected the same provision of law, by incorporating the changes made by both 
laws concerning the membership of the Efficiency Maine Trust Board. 
PART C 
Part C of the amendment does the following. 
Section 1 amends Resolve 2013, chapter 22 to delete the required membership of a 
specific private corporation in a working group on applied learning opportunities in 
elementary schools and middle schools. 
Section 2 provides authority for the Secretary of State to accept a filing to change the 
assumed name of a limited liability company without fee if the limited liability company 
had filed a statement between July 1, 2011 and May 3,2013 for use of an assumed name 
containing certain required terms or abbreviations. A fee will not be charged if the new 
assumed name is the same as filed but without the required tenn or abbreviation. The 
new filing for change of name must be made on or before October 1, 2013 to avoid the 
fee. 
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