An Act To Correct Errors and Inconsistencies in the Laws of Maine
Maine Legislature, Session 126, LD 1536
Committee: Judiciary
Amends: 1 MRSA §409, 3 MRSA §474, 5 MRSA §152, 5 MRSA §1764-A, 10 MRSA §9723, 12 MRSA §1803, 12 MRSA §6728, 15 MRSA §393, 15 MRSA §1023, 17-A MRSA §1058, 20-A MRSA §8402, 20-A MRSA §8451-A, 22 MRSA §335, 22 MRSA §337, 25 MRSA §2003, 25 MRSA §2374, 25 MRSA §2450-A, 26 MRSA §595, 26 MRSA §600, 26 MRSA §2006, 32 MRSA §8113-A, 32 MRSA §8120-A, 32 MRSA §9412, 34-A MRSA §11203, 34-B MRSA §3864, 35-A MRSA §3210-C, 35-A MRSA §3454, 36 MRSA §187-B, 36 MRSA §191, 36 MRSA §841, 36 MRSA §1752, 36 MRSA §2625, 36 MRSA §5122, 36 MRSA §5200-A, 36 MRSA §5219-G, 36 MRSA §5219-H, 36 MRSA §6201, 37-B MRSA §158, 12 MRSA §685-C, 23 MRSA §3360-A, 38 MRSA §488, 1 MRSA §25, 5 MRSA §935, 12 MRSA §541-A, 12 MRSA §549, 12 MRSA §549-A, 12 MRSA §550-B, 12 MRSA §1835, 12 MRSA §1847, 12 MRSA §1849, 12 MRSA §5013, 12 MRSA §13001, 22 MRSA §676, 22 MRSA §679-B, 32 MRSA §4700-G, 33 MRSA §1213, 35-A MRSA §3457, 38 MRSA §361-A, 38 MRSA §401, 38 MRSA §402, 38 MRSA §490-O, 38 MRSA §549, 38 MRSA §1905, 5 MRSA §17851-A, 5 MRSA §17852, 7 MRSA §2171, 10 MRSA §945-B, 12 MRSA §402, 12 MRSA §1893, 12 MRSA §1893-A, 12 MRSA §8867-A, 12 MRSA §8867-B, 12 MRSA §10157, 14 MRSA §159-C, 35-A MRSA §3451, 36 MRSA §1120, 38 MRSA §435, 38 MRSA §446, 38 MRSA §490-D, 38 MRSA §991

Legislative Document 
No. 1536 
H.P. 1103 
House of Representatives, May 14, 2013 
An Act To Correct Errors and Inconsistencies in the Laws of Maine 
Reported by Representative PRIEST of Brunswick 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. 
MILLICENT M. MacFARLAND 
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: 
PART A 
Sec. A-1.  1 MRSA §409, sub-§1, as amended by PL 2011, c. 559, Pt. A, §1 and 
c. 662, §6, is repealed and the following enacted in its place: 
1.  Records.  Any person aggrieved by a refusal or denial to inspect or copy a record 
under section 408-A may appeal, within 5 working days of the receipt of the written 
notice of denial, to any Superior Court within the State. If a court, after a trial de novo, 
determines such denial was not for just and proper cause, it shall enter an order for 
disclosure. Appeals may be advanced on the docket and receive priority over other cases 
when the court determines that the interests of justice so require. 
Sec. A-2.  3 MRSA §474, as enacted by PL 1975, c. 593, §3, is amended to read: 
§474.  Saving clause 
A decision by a witnesss witness to avail himself make use of any protection or 
remedy afforded by any provision of these rules shall does not constitute a waiver by him 
the witness of the right to avail himself make use of any other protection or remedy. 
Sec. A-3.  5 MRSA §152, as amended by PL 2011, c. 342, §3, is further amended 
to read: 
§152.  Ratification of bond issue; signed statement 
In accordance with the Constitution of Maine, Article IX, section Section 14, the 
Treasurer of State shall prepare a signed statement, called the Treasurer's Statement, to 
accompany any question submitted to the electors for ratification of a bond issue setting 
forth the total amount of bonds of the State outstanding and unpaid, the total amount of 
bonds of the State authorized and unissued and the total amount of bonds of the State 
contemplated to be issued if the enactment submitted to the electors should be ratified. 
The Treasurer of State shall also set forth in that statement an estimate of costs involved, 
including explanation of, based on such factors as interest rates that may vary, the interest 
cost contemplated to be paid on the amount to be issued, the total cost of principal and 
interest that will be paid at maturity and any other substantive explanatory information 
relating to the debt of the State as the Treasurer of State considers appropriate.  To meet 
the requirement that the signed statement of the Treasurer of State accompany any ballot 
question for ratification of a bond issue, the statement may be printed on the ballot or it 
may be printed as a separate document that is made available to voters as provided in 
Title 21-A, sections 605 605-A and 651. 
Sec. A-4.  5 MRSA §1764-A, sub-§3, as enacted by PL 2003, c. 497, §1 and 
affected by §5, is amended to read: 
3.  Approval.  A state agency responsible for approving the construction of a new or 
substantially renovated state-owned or state-leased building and buildings built with state 
funds, including buildings funded though through state bonds or the Maine Municipal 
Bond Bank, may not grant such approval unless the agency or other entity or organization 
proposing the construction can show that it has duly considered the most energy-efficient 
and environmentally efficient designs suitable in accordance with rules adopted pursuant 
to this section. 
Sec. A-5.  10 MRSA §9723, sub-§2, as amended by PL 2011, c. 633, §6 and c. 
655, Pt. FF, §2 and affected by §16, is repealed and the following enacted in its place: 
2.  Training program standards; implementation.  The committee shall direct the 
training coordinator of the Division of Building Codes and Standards, established in Title 
25, section 2372, to develop a training program for municipal building officials, local 
code enforcement officers and 3rd-party inspectors.  The Department of Economic and 
Community Development, Office of Community Development, pursuant to Title 30-A, 
section 4451, subsection 3-A, shall implement the training and certification program 
established under this chapter. 
Sec. A-6.  12 MRSA §1803, sub-§7, as enacted by PL 2011, c. 394, §1 and 
amended by c. 657, Pt. W, §7, is further amended to read: 
7.  Exceptions.  Notwithstanding subsection 6 or any other rule-making authority, the 
division may not adopt rules that prohibit the following persons from carrying a 
concealed firearm handgun in the buildings or parts of buildings and other public 
property that are under the division’s jurisdiction:   
A.  A person to whom a valid permit to carry a concealed firearm handgun has been 
issued under Title 25, chapter 252.  The person must have in that person's possession 
the valid permit; 
B.  A person to whom a valid permit to carry a concealed firearm handgun has been 
issued by another state if a permit to carry a concealed firearm handgun issued from 
that state has been granted reciprocity under Title 25, chapter 252.  The person must 
have in that person's possession the valid permit; 
C.  An authorized federal, state or local law enforcement officer in the performance 
of that officer's official duties; 
D.  A qualified law enforcement officer pursuant to 18 United States Code, Section 
926B.  The law enforcement officer must have in that law enforcement officer's 
possession photographic identification issued by the law enforcement agency by 
which the person is employed as a law enforcement officer; and 
E.  A qualified retired law enforcement officer pursuant to 18 United States Code, 
Section 926C.  The retired law enforcement officer must have in the retired law 
enforcement officer's possession: 
(1)  Photographic identification issued by the law enforcement agency from 
which the person retired from service as a law enforcement officer that indicates 
that the person has, not less recently than one year before the date the person 
carries the concealed firearm handgun, been tested or otherwise found by the 
agency to meet the standards established by the agency for training and 
qualification for active law enforcement officers to carry a firearm handgun of 
the same type as the concealed firearm handgun; or 
(2)  Photographic identification issued by the law enforcement agency from 
which the person retired from service as a law enforcement officer and a 
certification issued by the state in which the person resides that indicates that the 
person has, not less recently than one year before the date the person carries the 
concealed firearm handgun, been tested or otherwise found by that state to meet 
the standards established by that state for training and qualification for active law 
enforcement officers to carry a firearm handgun of the same type as the 
concealed firearm handgun. 
Sec. A-7.  12 MRSA §6728, sub-§3, as repealed and replaced by PL 2007, c. 557, 
§9 and repealed by c. 607, Pt. A, §10, is repealed and the following enacted in its place: 
3.  Violation.  Notwithstanding section 6174, a person who violates this section 
commits a civil violation for which the following penalties apply:  
A.  For the first offense, a mandatory fine of $500 is imposed and all scallops on 
board may be seized; 
B.  For the 2nd offense, a mandatory fine of $750 is imposed and all scallops on 
board may be seized; and 
C.  For the 3rd and subsequent offenses, a mandatory fine of $750 is imposed and all 
scallops on board may be seized. The penalty imposed pursuant to this paragraph is in 
addition to the penalty imposed under section 6728-B. 
Sec. A-8.  12 MRSA §6728, sub-§3-A, as enacted by PL 2007, c. 607, Pt. A, §11, 
is repealed. 
Sec. A-9.  15 MRSA §393, sub-§2, as amended by PL 2009, c. 503, §1, is further 
amended to read: 
2.  Application after 5 years.  A person subject to the provisions of subsection 1, 
paragraph A-1 or C as a result of a conviction or adjudication may, after the expiration of 
years from the date that the person is finally discharged from the sentences imposed as 
a result of the conviction or adjudication, apply to the commissioner for a permit to carry 
a firearm subject to subsection 4.  That person may not be issued a permit to carry a 
concealed firearm handgun pursuant to Title 25, chapter 252.  A permit issued pursuant to 
this subsection is valid for 4 years from the date of issue unless sooner revoked for cause 
by the commissioner. For purposes of this subsection, "firearm" does not include a 
firearm defined under 18 United States Code, Section 921(3). 
Sec. A-10.  15 MRSA §1023, sub-§4, ¶C, as amended by PL 2011, c. 640, Pt. A, 
§2 and c. 680, §1, is repealed and the following enacted in its place: 
C.  In a case involving domestic violence, set preconviction bail for a defendant 
before making a good faith effort to obtain from the arresting officer, the responsible 
prosecutorial office, a jail employee or other law enforcement officer: 
(1)  A brief history of the alleged abuser; 
(2)  The relationship of the parties; 
(3)  The name, address, phone number and date of birth of the victim;  
(4)  Existing conditions of protection from abuse orders, conditions of bail and 
conditions of probation; 
(5)  Information about the severity of the alleged offense; and 
(6)  Beginning no later than January 1, 2015, the results of a validated, evidence-
based domestic violence risk assessment recommended by the Maine 
Commission on Domestic and Sexual Abuse, established in Title 5, section 
12004-I, subsection 74-C, and approved by the Department of Public Safety 
conducted on the alleged abuser when the results are available; 
Sec. A-11.  17-A MRSA §1058, sub-§2-A, as enacted by PL 2005, c. 527, §9, is 
amended to read: 
2-A.  It is not a defense to a prosecution under this section that the person holds a 
valid permit to carry a concealed firearm handgun issued under Title 25, chapter 252. 
Sec. A-12.  20-A MRSA §8402, as amended by PL 2011, c. 679, §12 and c. 686, 
§3, is repealed and the following enacted in its place: 
§8402.  Programs 
A center shall provide programs of career and technical education.  Programs of 
career and technical education are eligible to receive state subsidy pursuant to chapters 
606-B and 609.  All programs of career and technical education offered by a center must 
be approved by the commissioner pursuant to section 8306-B, including programs 
previously approved under former section 8306-A.  The programs must offer a sequence 
of courses that are directly related to the preparation of individuals for employment in 
current or emerging occupations and may include training and education in academic and 
business skills preparing students to further their education at the community college or 
other college level or allowing students to use trade and occupational skills on other than 
an employee basis.  A center may also provide courses described in section 4722, 
subsection 2, the successful completion of which satisfies the diploma requirements set 
forth in section 4722. 
Sec. A-13.  20-A MRSA §8451-A, as amended by PL 2011, c. 679, §19 and c. 
686, §4, is repealed and the following enacted in its place: 
§8451-A.  Programs 
A region shall provide programs of career and technical education.  Programs of 
career and technical education are eligible to receive state subsidy pursuant to chapters 
606-B and 609.  All programs of career and technical education offered by a region must 
be approved by the commissioner pursuant to section 8306-B.  The programs must offer a 
sequence of courses that are directly related to the preparation of individuals for 
employment in current or emerging occupations and may include training and education 
in academic and business skills preparing students to further their education at the 
community college or college level or allowing students to use trade and occupational 
skills on other than an employee basis.  A region may also provide courses described in 
section 4722, subsection 2, the successful completion of which satisfies the diploma 
requirements set forth in section 4722. 
Sec. A-14.  22 MRSA §335, sub-§1, ¶E, as amended by PL 2011, c. 213, §3 and 
repealed by c. 424, Pt. B, §15 and affected by Pt. E, §1, is repealed. 
Sec. A-15.  22 MRSA §335, sub-§5-A, as amended by PL 2011, c. 648, §9, is 
further amended to read: 
5-A.  Record.  The record created by the department in the course of its review of an 
application must contain the following: 
A.  The letter of intent described in section 337, subsection 1, all other materials 
submitted by the applicant relating to the letter of intent and any written materials 
relating to the letter of intent; 
B.  The application and all other materials submitted by the applicant for the purpose 
of making those documents part of the record; 
C.  All information generated by or for the department in the course of gathering 
material to assist the commissioner in determining whether the conditions for 
granting an application for a certificate of need have or have not been met.  This 
information may include, without limitation, the report of consultants, including 
reports by panels of experts assembled by the department to advise it on the 
application, memoranda of meetings or conversations with any person interested in 
commenting on the application, letters, memoranda and documents from other 
interested agencies of State Government and memoranda describing officially noticed 
facts; 
D.  Stenographic or electronic recordings of any public hearing held by the 
commissioner or the staff of the department at the direction of the commissioner 
regarding the application; 
E.  Stenographic or electronic recording of any public informational meeting held by 
the department pursuant to section 337, subsection 5; 
F.  Any documents submitted by any person for the purpose of making those 
documents part of the record regarding any application for a certificate of need or for 
the purpose of influencing the outcome of any analyses or decisions regarding an 
application for certificate of need, except documents that have been submitted 
anonymously. Such source-identified documents automatically become part of the 
record upon receipt by the department; 
G.  Preliminary and final analyses of the record prepared by the staff; and 
H.  Except with regard to a project related to nursing facility services, a written 
assessment by the Director of the Maine Center for Disease Control and Prevention 
of the impact of the project on the health of Maine citizens; and. 
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 commissioner 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.  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 
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 project. 
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 commissioner 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.  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 project. 
Sec. A-16.  22 MRSA §337, sub-§5, as amended by PL 2011, c. 636, §1 and c. 
648, §15, is repealed and the following enacted in its place: 
5.  Public notice; public informational meeting.  Within 5 business days of the 
filing of a certificate by an applicant that a complete certificate of need application is on 
file with the department, public notice that the application has been filed must be given 
by publication in a newspaper of general circulation in Kennebec County and in a 
newspaper published within the service area in which the proposed expenditure will 
occur.  If an existing health care facility may close or lose bed capacity as a result of a 
proposal for which a certificate of need application has been filed, the department shall 
notify the municipal officers of the municipality in which that health care facility is 
located and the members of the State House of Representatives and the State Senate 
representing any part of that municipality. The notice must also be provided to all persons 
who have requested notification by means of asking that their names be placed on a 
mailing list maintained by the department for this purpose. The notice must also be 
published on the department's publicly accessible website. This notice must include: 
A.  A brief description of the proposed expenditure or other action, including the 
name and location of any existing health care facility that may close or lose bed 
capacity as a result of a proposal for which a certificate of need application has been 
filed; 
B.  A description of the review process and schedule; 
C.  A statement that any person may examine the application, submit comments in 
writing to the department regarding the application and examine the entire record 
assembled by the department at any time from the date of publication of the notice 
until the application process is closed for comment;  
D.  If a public informational meeting is being held, the time and location of the public 
informational meeting, a statement that any person may appear at the meeting to 
question the applicant regarding the project or the department regarding the 
conditions the applicant must satisfy in order to receive a certificate of need for the 
project, and a statement that a public hearing may be requested by any person directly 
affected by a review if the request is received by the commissioner within 15 days 
following the public informational meeting pursuant to the provisions of section 339, 
subsection 2; and 
E.  If a public informational meeting is not being held, a statement that a public 
hearing may be requested by any person directly affected by a review if the request is 
received by the commissioner within 15 days following the publication of the notice 
that an application has been filed. 
The department shall make an electronic or stenographic record of the public 
informational meeting. 
A public informational meeting is not required for the simplified review and approval 
process in section 336 unless requested by the applicant, the department or a person 
directly affected by a review. 
Sec. A-17.  25 MRSA §2003, sub-§1, ¶E, as amended by PL 2011, c. 298, §7, is 
further amended to read: 
E.  Does the following: 
(1)  At the request of the issuing authority, takes whatever action is required by 
law to allow the issuing authority to obtain from the Department of Health and 
Human Services, limited to records of patient committals to Riverview 
Psychiatric Center and Dorothea Dix Psychiatric Center, the courts, law 
enforcement agencies and the military information relevant to the following: 
(a)  The ascertainment of whether the information supplied on the application 
or any documents made a part of the application is true and correct; 
(b)  The ascertainment of whether each of the additional requirements of this 
section has been met; and 
(c)  Section 2005; 
(2)  If a photograph is an integral part of the permit to carry concealed handguns 
adopted by an issuing authority, submits to being photographed for that purpose; 
(3)  If it becomes necessary to resolve any questions as to identity, submits to 
having fingerprints taken by the issuing authority; 
(4)  Submits an application fee along with the written application to the proper 
issuing authority pursuant to the following schedule: 
(a)  Resident of a municipality or unorganized territory, $35 for an original 
application and $20 for a renewal, except that a person who paid $60 for a 
concealed firearms handgun permit or renewal during 1991 or 1992 is 
entitled to a credit toward renewal fees in an amount equal to $30 for a 
person who paid $60 for an original application and $45 for a person who 
paid $60 for a permit renewal.  The credit is valid until fully utilized; and 
(b)  Nonresident, $60 for an original or renewal application; and 
(5)  Demonstrates to the issuing authority a knowledge of handgun safety.  The 
applicant may fully satisfy this requirement by submitting to the issuing 
authority, through documentation in accordance with this subparagraph, proof 
that the applicant has within 5 years prior to the date of application completed a 
course that included handgun safety offered by or under the supervision of a 
federal, state, county or municipal law enforcement agency or a firearms 
instructor certified by a private firearms association recognized as knowledgeable 
in matters of handgun safety by the issuing authority or by the state in which the 
course was taken.  A course completion certificate or other document, or a 
photocopy, is sufficient if it recites or otherwise demonstrates that the course 
meets all of the requirements of this subparagraph. 
As an alternative way of fully satisfying this requirement, an applicant may 
personally demonstrate knowledge of handgun safety to an issuing authority, if 
the issuing authority is willing to evaluate an applicant's personal demonstration 
of such knowledge.  The issuing authority is not required to offer this 2nd option. 
The demonstration of knowledge of handgun safety to the issuing authority may 
not be required of any applicant who holds a valid state permit to carry a 
concealed firearm handgun as of April 15, 1990 or of any applicant who was or is 
in any of the Armed Forces of the United States and has received at least basic 
firearms training. 
Sec. A-18.  25 MRSA §2374, as amended by PL 2011, c. 633, §11 and c. 655, Pt. 
FF, §3 and affected by §16, is repealed and the following enacted in its place: 
§2374.  Uniform Building Codes and Standards Fund 
The Uniform Building Codes and Standards Fund, referred to in this section as "the 
fund," is established within the Department of Public Safety to fund the activities of the 
division under this chapter and the activities of the board under Title 10, chapter 1103 and 
the Department of Economic and Community Development, Office of Community 
Development under Title 30-A, section 4451, subsection 3-A.  Revenue for this fund is 
provided by the surcharge established by section 2450-A.  The Department of Public 
Safety and the Department of Economic and Community Development, Office of 
Community Development shall together determine an amount to be transferred annually 
from the fund for training and certification under Title 30-A, section 4451, subsection 
3-A to the Maine Code Enforcement Training and Certification Fund established in Title 
30-A, section 4451, subsection 3-B.  Any balance of the fund may not lapse, but must be 
carried forward as a continuing account to be expended for the same purpose in the 
following fiscal year. 
Sec. A-19.  25 MRSA §2450-A, as amended by PL 2011, c. 633, §12 and c. 655, 
Pt. FF, §4 and affected by §16, is repealed and the following enacted in its place: 
§2450-A.  Surcharge on plan review fee for Uniform Building Codes and Standards 
Fund 
In addition to the fees established in section 2450, a surcharge of 4¢ per square foot 
of occupied space must be levied on the existing fee schedule for new construction, 
reconstruction, repairs, renovations or new use for the sole purpose of funding the 
activities of the Technical Building Codes and Standards Board with respect to the Maine 
Uniform Building and Energy Code, established pursuant to Title 10, chapter 1103, the 
activities of the Division of Building Codes and Standards under chapter 314 and the 
activities of the Department of Economic and Community Development, Office of 
Community Development under Title 30-A, section 4451, subsection 3-A, except that the 
fee for review of a plan for the renovation of a public school, including the fee 
established under section 2450, may not exceed $450. Revenue collected from this 
surcharge must be deposited into the Uniform Building Codes and Standards Fund 
established by section 2374. 
Sec. A-20.  26 MRSA §595, sub-§5, ¶A, as enacted by PL 1987, c. 558, §1, is 
amended to read: 
A.  A person holding a valid permit to carry a concealed firearm handgun is not 
exempt from this subsection. 
Sec. A-21.  26 MRSA §600, as amended by PL 2011, c. 537, §1, is further 
amended to read: 
§600.  Concealed handguns in vehicles 
1.  Handguns in vehicles.  An employer or an agent of an employer may not prohibit 
an employee who has a valid permit to carry a concealed firearm handgun under Title 25, 
chapter 252 from keeping a firearm handgun in the employee's vehicle as long as the 
vehicle is locked and the firearm handgun is not visible.  This subsection applies to the 
State as an employer when a state employee's vehicle is on property owned or leased by 
the State. This subsection does not authorize an employee or state employee to carry a 
firearm handgun in a place where carrying a firearm handgun is prohibited by law.  For 
purposes of this section, "state employee" means an employee of the State within the 
executive branch, the legislative branch or the judicial branch performing services within 
the scope of that employee's employment. 
2.  Immunity from liability.  An employer or an agent of an employer may not be 
held liable in any civil action for damages, injury or death resulting from or arising out of 
another person's actions involving a firearm handgun or ammunition transported or stored 
pursuant to this section, including, but not limited to, the theft of a firearm handgun from 
an employee's vehicle, unless the employer or an agent of the employer intentionally 
solicited or procured the other person's injurious actions.  Nothing in this section affects 
provisions in the Maine Workers' Compensation Act of 1992. 
Sec. A-22.  26 MRSA §2006, sub-§7, ¶C, as amended by PL 2011, c. 627, §3 
and c. 655, Pt. EE, §18 and affected by §30, is repealed and the following enacted in its 
place: 
C.  The Governor shall appoint members to the Program Policy Committee, referred 
to in this paragraph as "the committee," to assist the board in the performance of its 
duties and responsibilities.  The Governor shall appoint persons to serve on the 
committee for 3-year terms.  The services provided by the State's various workforce 
organizations must be fairly represented in the committee with consideration given to 
a balance between rural and urban interests.  Organizations with representation on the 
committee may include, but are not limited to, organizations that conduct programs 
or activities as specified in Section 121(b) of the Workforce Investment Act. 
Sec. A-23.  32 MRSA §8113-A, sub-§1, as amended by PL 2011, c. 366, §45, is 
further amended to read: 
1.  Immediate suspension.  If the chief has probable cause to believe that a person 
licensed pursuant to this chapter is required to submit to chemical testing for the presence 
of intoxicating liquor or drugs pursuant to Title 17-A, section 1057 or for conduct that 
occurs while the licensee is in possession of a loaded firearm and the licensee refuses to 
submit to the required testing, the chief shall immediately suspend the licensee's right to 
carry a concealed firearm handgun. 
Sec. A-24.  32 MRSA §8120-A, as amended by PL 2011, c. 298, §13 and c. 366, 
§51, is repealed and the following enacted in its place: 
§8120-A.  Handguns 
A professional investigator licensed under this chapter may carry a handgun while 
performing the duties of a professional investigator only after being issued a concealed 
handgun permit by the chief pursuant to Title 25, chapter 252 and passing the written 
firearms examination prescribed by the chief. 
Sec. A-25.  32 MRSA §9412, sub-§5, as enacted by PL 1987, c. 170, §18, is 
amended to read: 
5.  Dangerous weapons at labor disputes and strikes. It is a Class D crime for any 
person, including, but not limited to, security guards and persons involved in a labor 
dispute or strike, to be armed with a dangerous weapon, as defined in Title 17-A, section 
2, subsection 9, at the site of a labor dispute or strike. A person holding a valid permit to 
carry a concealed firearm handgun is not exempt from this subsection. A security guard is 
exempt from this subsection to the extent that federal laws, rules or regulations require 
the security guard to be armed with a dangerous weapon at the site of a labor dispute or 
strike. 
Sec. A-26.  34-A MRSA §11203, sub-§6, ¶B, as amended by PL 2011, c. 597, 
§6 and c. 604, §3 and affected by §4, is repealed and the following enacted in its place: 
B.  A violation under former Title 17, section 2922; former Title 17, section 2923; 
former Title 17, section 2924; Title 17-A, section 253, subsection 2, paragraph E, F, 
G, H, I or J; Title 17-A, section 254; former Title 17-A, section 255, subsection 1, 
paragraph A, E, F, G, I or J; former Title 17-A, section 255, subsection 1, paragraph 
B or D if the crime was not elevated a class under former Title 17-A, section 255, 
subsection 3; Title 17-A, section 255-A, subsection 1, paragraph A, B, C, F-2, G, I, J, 
K, L, M, N, Q, R, S or T; Title 17-A, section 256; Title 17-A, section 258; former 
Title 17-A, section 259; Title 17-A, section 282; Title 17-A, section 283; Title 17-A, 
section 284; Title 17-A, section 301, subsection 1, paragraph A, subparagraph (3), 
unless the actor is a parent of the victim; Title 17-A, section 511, subsection 1, 
paragraph D; Title 17-A, section 556; Title 17-A, section 852, subsection 1, 
paragraph B; or Title 17-A, section 855; 
Sec. A-27.  34-B MRSA §3864, sub-§12, as enacted by PL 2007, c. 670, §19, is 
amended to read: 
12.  Transmission of abstract of court ruling to the State Bureau of 
Identification.  Notwithstanding any other provision of this section or section 1207, a 
court shall transmit to the Department of Public Safety, State Bureau of Identification an 
abstract of any order for involuntary commitment issued by the court pursuant to this 
section.  The abstract must include: 
A.  The name, date of birth and gender of the person who is the subject of the order 
for involuntary commitment; 
B.  The court's ruling that the person has been involuntarily committed; and 
C.  A notation that the person has been notified by the court in accordance with 
subsection 5, paragraph A-1 and subsection 13. 
The abstract required in this subsection is confidential and is not a "public record" as 
defined in Title 1, chapter 13; however, a copy of the abstract may be provided by the 
State Bureau of Identification to a criminal justice agency for legitimate law enforcement 
purposes, to the Federal Bureau of Investigation, National Instant Criminal Background 
Check System or to an issuing authority for the purpose of processing concealed firearm 
handgun permit applications. 
For the purposes of this subsection, "criminal justice agency" means a federal, state, 
tribal, district, county or local government agency or any subunit thereof that performs 
the administration of criminal justice under a statute or executive order and that allocates 
a substantial part of its annual budget to the administration of criminal justice.  Courts 
and the Department of the Attorney General are considered criminal justice agencies. 
"Criminal justice agency" also includes any equivalent agency at any level of Canadian 
government. 
Sec. A-28.  35-A MRSA §3210-C, sub-§3, ¶C, as amended by PL 2011, c. 273, 
§1 and affected by §3 and amended by c. 413, §2, is repealed and the following enacted 
in its place: 
C.  Any available renewable energy credits associated with capacity resources 
contracted under paragraph A.  The price paid by the investor-owned transmission 
and distribution utility for the renewable energy credits must be lower than the price 
received for those renewable energy credits at the time they are sold by the 
investor-owned transmission and distribution utility. 
Sec. A-29.  35-A MRSA §3454, first ¶, as amended by PL 2011, c. 655, Pt. DD, 
§14 and affected by §24 and amended by c. 682, §27, is repealed and the following 
enacted in its place: 
In making findings pursuant to Title 38, section 484, subsection 3, the primary siting 
authority shall presume that an expedited wind energy development provides energy and 
emissions-related benefits described in section 3402 and shall make additional findings 
regarding other tangible benefits provided by the development.  The Department of 
Labor, the Governor's Office of Policy and Management, the Governor's Energy Office 
and the Public Utilities Commission shall provide review comments if requested by the 
primary siting authority. 
Sec. A-30.  36 MRSA §187-B, sub-§1-A, as amended by PL 2011, c. 644, §4 and 
affected by §33 and repealed by c. 655, Pt. QQ, §2 and affected by §8, is repealed. 
Sec. A-31.  36 MRSA §191, sub-§2, ¶UU, as amended by PL 2011, c. 644, §5 
and c. 694, §8, is repealed and the following enacted in its place: 
UU.  The production in court on behalf of the assessor or any other party to an action 
or proceeding under this Title, or the production pursuant to a discovery request 
under the Maine Rules of Civil Procedure or a request under the freedom of access 
laws, of any reconsideration decision or advisory ruling issued on or after July 1, 
2012, in redacted format so as not to reveal information from which the taxpayer may 
be identified, except that federal returns and federal return information provided to 
the State by the Internal Revenue Service may not be disclosed except as permitted 
by federal law.  A person requesting the production of any such document shall pay, 
at the time the request is made, all direct and indirect costs associated with the 
redacting of information from which the taxpayer or other interested party may be 
identified, plus an additional fee of $100 per request; 
Sec. A-32.  36 MRSA §191, sub-§2, ¶VV, as amended by PL 2011, c. 644, §6 
and repealed by c. 694, §9, is repealed. 
Sec. A-33.  36 MRSA §191, sub-§2, ¶WW, as enacted by PL 2011, c. 644, §7, is 
amended to read: 
WW.  The disclosure of information to the Department of Inland Fisheries and 
Wildlife necessary for the administration of the credit for Maine fishery infrastructure 
investment under section 5216-D.; and 
Sec. A-34.  36 MRSA §191, sub-§2, ¶WW, as enacted by PL 2011, c. 694, §10, 
is reallocated to 36 MRSA §191, sub-§2, ¶XX. 
Sec. A-35.  36 MRSA §841, sub-§2, as amended by PL 2011, c. 552, §1 and c. 
624, §1, is repealed and the following enacted in its place: 
2.  Hardship or poverty.  The municipal officers, or the State Tax Assessor for the 
unorganized territory, within 3 years from commitment, may, on their own knowledge or 
on written application, make such abatements as they believe reasonable on the real and 
personal taxes on the primary residence of any person who, by reason of hardship or 
poverty, is in their judgment unable to contribute to the public charges.  The municipal 
officers, or the State Tax Assessor for the unorganized territory, may extend the 3-year 
period within which they may make abatements under this subsection. 
Municipal officers or the State Tax Assessor for the unorganized territory shall: 
A.  Provide that any person indicating an inability to pay all or part of taxes that have 
been assessed because of hardship or poverty be informed of the right to make 
application under this subsection; 
B.  Assist individuals in making application for abatement; 
C.  Make available application forms for requesting an abatement based on hardship 
or poverty and provide that those forms contain notice that a written decision will be 
made within 30 days of the date of application; 
D.  Provide that persons are given the opportunity to apply for an abatement during 
normal business hours; 
E.  Provide that all applications, information submitted in support of the application, 
files and communications relating to an application for abatement and the 
determination on the application for abatement are confidential.  Hearings and 
proceedings held pursuant to this subsection must be in executive session; 
F.  Provide to any person applying for abatement under this subsection, notice in 
writing of their decision within 30 days of application; and 
G.  Provide that any decision made under this subsection include the specific reason 
or reasons for the decision and inform the applicant of the right to appeal and the 
procedure for requesting an appeal. 
For the purpose of this subsection, the municipal officers may set off or otherwise treat as 
available benefits provided to an applicant under chapter 907 when determining if the 
applicant is able to contribute to the public charges. 
Sec. A-36.  36 MRSA §1752, sub-§11, ¶B, as amended by PL 2011, c. 655, Pt. 
PP, §2 and affected by §4 and amended by c. 684, §1 and affected by §3, is repealed and 
the following enacted in its place: 
B.  "Retail sale" does not include: 
(1)  Any casual sale; 
(2)  Any sale by a personal representative in the settlement of an estate unless the 
sale is made through a retailer or the sale is made in the continuation or operation 
of a business; 
(3)  The sale, to a person engaged in the business of renting automobiles, of 
automobiles, integral parts of automobiles or accessories to automobiles, for 
rental or for use in an automobile rented for a period of less than one year.  For 
the purposes of this subparagraph, "automobile" includes a pickup truck or van 
with a gross vehicle weight of less than 26,000 pounds; 
(4)  The sale, to a person engaged in the business of renting video media and 
video equipment, of video media or video equipment for rental; 
(5)  The sale, to a person engaged in the business of renting or leasing 
automobiles, of automobiles for rental or lease for one year or more; 
(6)  The sale, to a person engaged in the business of providing cable or satellite 
television services, of associated equipment for rental or lease to subscribers in 
conjunction with a sale of extended cable or extended satellite television services; 
(7)  The sale, to a person engaged in the business of renting furniture or audio 
media and audio equipment, of furniture, audio media or audio equipment for 
rental pursuant to a rental-purchase agreement as defined in Title 9-A, section 
11-105; 
(8)  The sale of loaner vehicles to a new vehicle dealer licensed as such pursuant 
to Title 29-A, section 953; 
(9)  The sale of automobile repair parts used in the performance of repair services 
on an automobile pursuant to an extended service contract sold on or after 
September 20, 2007 that entitles the purchaser to specific benefits in the service 
of the automobile for a specific duration; 
(10)  The sale, to a retailer that has been issued a resale certificate pursuant to 
section 1754-B, subsection 2-B or 2-C, of tangible personal property for resale in 
the form of tangible personal property, except resale as a casual sale; 
(11)  The sale, to a retailer that has been issued a resale certificate pursuant to 
section 1754-B, subsection 2-B or 2-C, of a taxable service for resale, except 
resale as a casual sale; 
(12)  The sale, to a retailer that is not required to register under section 1754-B, 
of tangible personal property for resale outside the State in the form of tangible 
personal property, except resale as a casual sale; 
(13)  The sale, to a retailer that is not required to register under section 1754-B, 
of a taxable service for resale outside the State, except resale as a casual sale;  
(14)  The sale of repair parts used in the performance of repair services on 
telecommunications equipment as defined in section 2551, subsection 19 
pursuant to an extended service contract that entitles the purchaser to specific 
benefits in the service of the telecommunications equipment for a specific 
duration; 
(15)  The sale of positive airway pressure equipment and supplies for rental for 
personal use to a person engaged in the business of renting positive airway 
pressure equipment; or 
(16)  The sale, to a person engaged in the business of renting or leasing motor 
homes, as defined in Title 29-A, section 101, subsection 40, or camper trailers, of 
motor homes or camper trailers for rental. 
Sec. A-37.  36 MRSA §2625, as amended by PL 2011, c. 649, Pt. E, §5, is further 
amended to read: 
§2625.  Return and payment  
Every railroad company incorporated under the laws of this State or doing business in 
this State shall file with the State Tax Assessor annually, on or before April 15th, a 
railroad excise tax return, on a form prescribed by the State Tax Assessor.  The tax must 
be paid in equal installments on the next June 15th, September 15th and December 15th.  
Except as otherwise provided in subsection 1, the The Treasurer of State shall deposit all 
taxes paid under this chapter into the Multimodal Transportation Fund account 
established under Title 23, section 4210-B. 
Sec. A-38.  36 MRSA §5122, sub-§2, ¶II, as amended by PL 2011, c. 548, §24 
and affected by §36 and amended by c. 644, §17, is repealed and the following enacted in 
its place: 
II.  For taxable years beginning on or after January 1, 2012, an amount equal to the 
net increase in the depreciation deduction allowable under the Code, Sections 167 
and 168 that would have been applicable to that property had the depreciation 
deduction under the Code, Section 168(k) not been claimed with respect to such 
property placed in service during the taxable year beginning in 2011 or 2012 for 
which an addition was required under subsection 1, paragraph FF, subparagraph (2) 
for the taxable year beginning in 2011 or 2012. 
Upon the taxable disposition of property to which this paragraph applies, the amount 
of any gain or loss includable in federal adjusted gross income must be adjusted for 
Maine income tax purposes by an amount equal to the difference between the 
addition modification for such property under subsection 1, paragraph FF, 
subparagraph (2) related to property placed in service outside the State and the 
subtraction modifications allowed pursuant to this paragraph. 
The total amount of the subtraction modification claimed under this paragraph for all 
tax years may not exceed the addition modification under subsection 1, paragraph FF, 
subparagraph (2) for the same property; 
Sec. A-39.  36 MRSA §5200-A, sub-§2, ¶V, as amended by PL 2011, c. 548, 
§28 and affected by §36 and amended by c. 644, §24, is repealed and the following 
enacted in its place: 
V.  For taxable years beginning on or after January 1, 2012, an amount equal to the 
net increase in the depreciation deduction allowable under the Code, Sections 167 
and 168 that would have been applicable to that property had the depreciation 
deduction under the Code, Section 168(k) not been claimed with respect to such 
property placed in service during the taxable year beginning in 2011 or 2012 for 
which an addition was required under subsection 1, paragraph Y, subparagraph (2) 
for the taxable year beginning in 2011 or 2012. 
Upon the taxable disposition of property to which this paragraph applies, the amount 
of any gain or loss includable in federal taxable income must be adjusted for Maine 
income tax purposes by an amount equal to the difference between the addition 
modification for such property under subsection 1, paragraph Y, subparagraph (2) 
related to property placed in service outside the State and the subtraction 
modifications allowed pursuant to this paragraph. 
The total amount of the subtraction modification claimed under this paragraph for all 
tax years may not exceed the addition modification under subsection 1, paragraph Y, 
subparagraph (2) for the same property;  
Sec. A-40.  36 MRSA §5219-GG, sub-§1, ¶G, as amended by PL 2011, c. 563, 
§13, is repealed. 
Sec. A-41.  36 MRSA §5219-HH, sub-§1, ¶G, as enacted by PL 2011, c. 548, 
§33 and affected by §35, is repealed and the following enacted in its place: 
G.  "Qualified active low-income community business" has the same meaning as in 
the Code, Section 45D and includes any entity making an investment under this 
section if, for the most recent calendar year ending prior to the date of the investment: 
(1)  At least 50% of the total gross income of the entity was derived from the 
active conduct of business activity of the entity within any municipality where 
the average annual unemployment rate for that year was higher than the state 
average unemployment rate; 
(2)  A substantial portion of the use of the tangible property of the entity was 
within any location of the State where the average annual unemployment rate for 
that year was higher than the state average unemployment rate; or 
(3)  A substantial portion of the services performed by the entity by its employees 
was performed in a municipality where the average annual unemployment rate 
for that year was higher than the state average unemployment rate. 
Sec. A-42.  36 MRSA §6201, sub-§10, as amended by PL 2011, c. 552, §2, is 
further amended to read: 
10.  Property taxes accrued.  "Property taxes accrued" means property taxes 
exclusive of special assessment, delinquent interest and charges for service levied on a 
claimant's homestead in this State as of April 1, 1972, or any tax year thereafter.  If a 
claimant receives an abatement of property taxes based on infirmity hardship or poverty 
pursuant to section 841, subsection 2 during the year for which relief is requested, 
"property taxes accrued" means only the portion of property taxes levied that was not 
abated during the year for which the claimant requests relief.  If a homestead is owned by 
or more persons or entities as joint tenants or tenants in common, and one or more 
persons or entities are not members of the claimant's household, "property taxes accrued" 
is that part of property taxes levied on the homestead that reflects the ownership 
percentage of the claimant and the claimant's household. If a claimant and spouse own 
their homestead for part of the year for which relief is requested and rent it or a different 
homestead for part of the same tax year, "property taxes accrued" means taxes levied on 
the homestead on April 1st, multiplied by the percentage of 12 months that the property 
was owned and occupied by the household as its homestead during the year for which 
relief is requested. When a household owns and occupies 2 or more different homesteads 
in this State in the same calendar year, property taxes accrued relate only to the total of 
the property taxes owed for the time that each property was occupied by the household as 
a homestead. To calculate the amount attributable to each property, the April 1st 
assessment on each homestead is multiplied by the percentage of 12 months that each 
property was owned and occupied by the claimant as the claimant's homestead during the 
year for which relief is requested.  If a homestead is an integral part of a larger unit such 
as a farm, or a multipurpose or multidwelling building, property taxes accrued are that 
percentage of the total property taxes accrued that the value of the homestead is of the 
total value, except that property taxes accrued do not include any portion of taxes claimed 
as a business expense for federal income tax purposes. For purposes of this chapter, 
"unit" refers to the parcel of property separately assessed of which the homestead is a 
part. 
Sec. A-43.  37-B MRSA §158, as amended by PL 2011, c. 344, §33, is further 
amended to read: 
§158.  Maine Military Family Relief Fund 
The Maine Military Family Relief Fund, referred to in this section as "the fund," is 
established as a nonlapsing fund in the department administered according to rules 
adopted by the Adjutant General.  Except as provided in subsection 1, the The Adjutant 
General is authorized to award loans and grants from the fund for emergencies and other 
special needs to members or families of members of the Maine National Guard or 
residents of the State who are members or families of members of the Reserves of the 
Armed Forces of the United States and to distribute funds to a statewide nonprofit 
organization established for the purpose of providing assistance to members or families of 
members of the Maine National Guard or residents of the State who are members or 
families of members of the Reserves of the Armed Forces of the United States. The 
Military Bureau shall adopt rules establishing eligibility criteria for the loans and grants.  
Rules adopted pursuant to this section are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
PART B 
Sec. B-1.  12 MRSA §685-C, sub-§1, ¶B, as repealed by PL 2011, c. 655, Pt. JJ, 
§6 and affected by §41 and amended by c. 682, §21, is repealed. 
Sec. B-2.  12 MRSA §685-C, sub-§1, ¶B-1 is enacted to read: 
B-1.  After the commission has finalized a plan or a portion of a plan, but prior to 
adoption, the commission shall provide a copy to the Commissioner of Agriculture, 
Conservation and Forestry, who shall submit the finalized plan or a portion of the 
plan to the Governor for comments. The commissioner shall submit the finalized plan 
or a portion of the plan including the Governor's comments to the Legislature within 
days after the convening of the next regular session for approval.  The Legislature 
shall, by act or resolve, approve, disapprove or require changes to the plan or any 
portion of the plan prior to adjournment. If the plan or a portion of the plan is 
approved or the Legislature fails to act on the plan or a portion of the plan before 
adjournment, the plan or a portion of the plan may be finally adopted by the 
commission.  If the plan or a portion of the plan is disapproved or revisions are 
required, the plan or a portion of the plan must be revised by the commission and 
resubmitted to the Legislature for approval by act or resolve.  The joint standing 
committee of the Legislature having jurisdiction over conservation matters may 
submit legislation to implement the provisions of this paragraph. 
Sec. B-3.  12 MRSA §685-C, sub-§1, ¶C, as amended by PL 2011, c. 655, Pt. JJ, 
§7 and affected by §41 and repealed by c. 682, §21, is repealed. 
Sec. B-4.  23 MRSA §3360-A, sub-§5-I, ¶A, as enacted by PL 2011, c. 72, §4, is 
amended to read: 
A.  As used in this subsection, unless the context otherwise indicates, the following 
terms have the following meanings. 
(1)  "Lawfully expanded after March 1, 2011" means an expansion of a quarry or 
borrow pit after March 1, 2011: 
(a)  That requires an authorization, license, permit or variance issued by the 
Department of Environmental Protection pursuant to Title 38, chapter 3, 
article 6, 7 or 8-A or by the former Maine Land Use Regulation Commission 
or the Maine Land Use Planning Commission under Title 12, chapter 206-A 
and for which a valid authorization, license, permit or variance has been 
issued; or 
(b)  That requires a filing of a notice of intent to comply pursuant to Title 38, 
chapter 3, article 7 or 8-A and a complete filing has been made. 
(2) "Lawfully located on March 1, 2011" means that on March 1, 2011 the quarry 
or borrow pit existed and: 
(a)  The owner or operator had been issued all authorizations, licenses, 
permits or variances by the Department of Environmental Protection pursuant 
to Title 38, chapter 3, article 6, 7 or 8-A or by the former Maine Land Use 
Regulation Commission under Title 12, chapter 206-A necessary to operate 
that quarry or borrow pit; and 
(b)  The quarry or borrow pit was in compliance with any applicable 
requirements of Title 38, chapter 3, article 7 or 8-A or with any applicable 
land use district standards of the former Maine Land Use Regulation 
Commission adopted under Title 12, chapter 206-A. 
(3)  "Lawfully located after March 1, 2011" means that the quarry or borrow pit 
is established after March 1, 2011 and: 
(a)  The owner or operator possesses all authorizations, licenses, permits or 
variances issued by the Department of Environmental Protection pursuant to 
Title 38, chapter 3, article 6, 7 or 8-A or by the former Maine Land Use 
Regulation Commission or the Maine Land Use Planning Commission under 
Title 12, chapter 206-A necessary to operate that quarry or borrow pit; and 
(b)  The quarry or borrow pit is in compliance with the requirements of Title 
38, chapter 3, article 7 or 8-A or with applicable land use district standards of 
the former Maine Land Use Regulation Commission or the Maine Land Use 
Planning Commission adopted under Title 12, chapter 206-A. 
(4)  "Quarry" has the same meaning as in Title 38, section 490-W, subsection 17. 
Sec. B-5.  38 MRSA §488, sub-§9, as amended by PL 2011, c. 653, §20 and 
affected by §33 and repealed by c. 682, §31 and affected by §40, is repealed. 
PART C 
Sec. C-1.  1 MRSA §25, as amended by PL 2011, c. 655, Pt. KK, §1 and affected 
by §34, is further amended to read: 
§25.  Topographic mapping 
The Bureau Department of Agriculture, Conservation and Forestry, Division of 
Geology, Natural Areas and Coastal Resources has charge of topographic mapping on 
behalf of the State. The Bureau Division of Geology, Natural Areas and Coastal 
Resources is authorized and directed to enter into such agreements with the Director of 
the United States Geological Survey as will ensure the progress of the work in an 
efficient and economical manner. 
Sec. C-2.  5 MRSA §935, sub-§1, ¶D, as amended by PL 2011, c. 655, Pt. KK, 
§3 and affected by §34, is further amended to read: 
D.  Director, Bureau Division of Geology, Natural Areas and Coastal Resources; 
Sec. C-3.  12 MRSA §541-A, as amended by PL 2011, c. 655, Pt. KK, §4 and 
affected by §34, is further amended to read: 
§541-A.  Division of Geology, Natural Areas and Coastal Resources 
The Bureau Division of Geology, Natural Areas and Coastal Resources is established 
within the Department of Agriculture, Conservation and Forestry and is administered by 
the commissioner.  The bureau division consists of the Maine Geological Survey, referred 
to in this chapter as the "survey," the Natural Areas Program and the Maine Coastal 
Program.  The executive director of the bureau division is the director of the survey. 
Sec. C-4.  12 MRSA §549, as amended by PL 2011, c. 655, Pt. KK, §6 and 
affected by §34 and amended by c. 657, Pt. W, §7, is further amended to read: 
§549.  Jurisdiction 
The Bureau Division of Geology, Natural Areas and Coastal Resources and the 
agencies having jurisdiction over state-owned lands have jurisdiction, as set forth in this 
subchapter, over all state-owned lands for the purpose of mineral development and 
mining on that land.  The Bureau Division of Geology, Natural Areas and Coastal 
Resources and the agencies having jurisdiction over state-owned lands may make such 
rules as each considers proper with respect to the authority delegated pursuant to this 
subchapter. 
Sec. C-5.  12 MRSA §549-A, sub-§2, as amended by PL 2011, c. 655, Pt. KK, §7 
and affected by §34, is further amended to read: 
2.  Director of the survey.  "Director of the survey" means the Director of the 
Bureau Division of Geology, Natural Areas and Coastal Resources. 
Sec. C-6.  12 MRSA §550-B, sub-§3, ¶A, as amended by PL 2011, c. 655, Pt. 
KK, §8 and affected by §34, is further amended to read: 
A.  Within 30 days after completion of any well or dry hole, or the enlarging or 
deepening of an existing well, a well drilling company shall submit a report to the 
Bureau Division of Geology, Natural Areas and Coastal Resources on forms designed 
and provided by the Bureau Division of Geology, Natural Areas and Coastal 
Resources.  The report must contain information as may be required by the Bureau 
Division of Geology, Natural Areas and Coastal Resources, including, but not limited 
to, location, construction and well yield. 
Sec. C-7.  12 MRSA §550-B, sub-§6, as amended by PL 2011, c. 655, Pt. KK, §9 
and affected by §34, is further amended to read: 
6.  Information use.  Information collected by the Bureau Division of Geology, 
Natural Areas and Coastal Resources, Maine Geological Survey under this section is 
subject to Title 1, chapter 13, subchapter 1, unless the well drilling company to whom the 
information belongs or pertains requests that it be designated as confidential and the 
bureau division has determined it contains proprietary information. For the purposes of 
this subsection, "proprietary information" means information that is a trade secret or 
production, commercial or financial information the disclosure of which would impair the 
competitive position of the person submitting the information and would make available 
information not otherwise publicly available.  The Bureau Division of Geology, Natural 
Areas and Coastal Resources, Maine Geological Survey shall make information collected 
under this chapter available to any federal, state or municipal entity or authorized agent of 
such entity. 
Sec. C-8.  12 MRSA §1835, sub-§1, ¶A, as amended by PL 2011, c. 655, Pt. KK, 
§10 and affected by §34, is further amended to read: 
A.  The first $20,000 in the aggregate of any money accruing from the alienation of 
rights to mine upon nonreserved public land, or other income arising out of mining 
operations, that is actually received during any fiscal year, and every portion thereof 
accruing from these mining operations, must be paid into the Bureau Division of 
Geology, Natural Areas and Coastal Resources. 
Sec. C-9.  12 MRSA §1847, sub-§2, as amended by PL 2011, c. 655, Pt. JJ, §8 
and affected by §41 and amended by c. 682, §38, is further amended to read: 
2.  Management plans.  The director shall prepare, revise from time to time and 
maintain a comprehensive management plan for the management of the public reserved 
lands in accordance with the guidelines in this subchapter.  The plan must provide for a 
flexible and practical approach to the coordinated management of the public reserved 
lands.  In preparing, revising and maintaining such a management plan the director, to the 
extent practicable, shall compile and maintain an adequate inventory of the public 
reserved lands, including not only the timber on those lands but also the other multiple 
use values for which the public reserved lands are managed.  In addition, the director 
shall consider all criteria listed in section 1858 for the location of public reserved lands in 
developing the management plan.  The director is entitled to the full cooperation of the 
Bureau Division of Geology, Natural Areas and Coastal Resources, the Department of 
Inland Fisheries and Wildlife and the Maine Land Use Planning Commission in 
compiling and maintaining the inventory of the public reserved lands.  The director shall 
consult with those agencies as well as other appropriate state agencies in the preparation 
and maintenance of the comprehensive management plan for the public reserved lands.  
The plan must provide for the demonstration of appropriate management practices that 
will enhance the timber, wildlife, recreation, economic and other values of the lands.  All 
management of the public reserved lands, to the extent practicable, must be in accordance 
with this management plan when prepared. 
Within the context of the comprehensive management plan, the commissioner, after 
adequate opportunity for public review and comment, shall adopt a specific action plan 
for each unit of the public reserved lands system.  Each action plan must include 
consideration of the related systems of silviculture and regeneration of forest resources 
and must provide for outdoor recreation including remote, undeveloped areas, timber, 
watershed protection, wildlife and fish.  The commissioner shall provide adequate 
opportunity for public review and comment on any substantial revision of an action plan.  
Management of the public reserved lands before the action plans are completed must be 
in accordance with all other provisions of this section. 
Sec. C-10.  12 MRSA §1849, sub-§1, ¶A, as amended by PL 2011, c. 655, Pt. 
KK, §11 and affected by §34, is further amended to read: 
A.  The first $20,000 in the aggregate of any money accruing from the alienation of 
rights to mine upon public reserved land, or other income arising out of mining 
operations, that is actually received during any fiscal year, and every portion thereof 
accruing from these mining operations, must be paid to the Bureau Division of 
Geology, Natural Areas and Coastal Resources. 
Sec. C-11.  12 MRSA §5013, sub-§5, as amended by PL 2011, c. 655, Pt. KK, 
§14 and affected by §34, is further amended to read: 
5.  Division of Geology, Natural Areas and Coastal Resources. The Bureau 
Division of Geology, Natural Areas and Coastal Resources is under the direction and 
supervision of a director who is appointed by, and serves at the pleasure of, the 
commissioner. 
Sec. C-12.  12 MRSA §13001, sub-§12, as amended by PL 2011, c. 655, Pt. KK, 
§16 and affected by §34 and amended by c. 682, §38, is further amended to read: 
12.  Freshwater marshes and bogs. "Freshwater marshes and bogs" means naturally 
occurring open areas with saturated soils or peat, often associated with standing water and 
dominated by low herbaceous vegetation, grasses, weeds and shrubs and including 
wetlands, as shown on the Freshwater Wetlands Map Series, Bureau Division of 
Geology, Natural Areas and Coastal Resources, Maine Geological Survey, or zoned as a 
Wetland Protection Subdistrict, P-WL, by the Maine Land Use Planning Commission. 
Sec. C-13.  22 MRSA §676, sub-§5, as amended by PL 2011, c. 655, Pt. KK, §17 
and affected by §34, is further amended to read: 
5.  Geology.  The Bureau Division of Geology, Natural Areas and Coastal Resources, 
Maine Geological Survey within the Department of Agriculture, Conservation and 
Forestry shall provide technical assistance for waste management. 
Sec. C-14.  22 MRSA §679-B, sub-§8, as amended by PL 2011, c. 655, Pt. KK, 
§18 and affected by §34 and amended by c. 682, §38, is further amended to read: 
8.  Transfer of funds.  Notwithstanding Title 5, section 1585, funds allocated under 
this section must be transferred as necessary to accomplish the purposes of this section 
and Title 38, chapter 14-A from the department to other agencies, including the 
Department of Environmental Protection, the Bureau Division of Geology, Natural Areas 
and Coastal Resources, Maine Geological Survey within the Department of Agriculture, 
Conservation and Forestry and the Maine Land Use Planning Commission. 
Sec. C-15.  32 MRSA §4700-G, sub-§2, as amended by PL 2011, c. 655, Pt. KK, 
§19 and affected by §34, is further amended to read: 
2.  Membership.  The commission consists of the director of the division of 
environmental health within the Department of Health and Human Services or the 
director's designee; the Director of the Bureau Division of Geology, Natural Areas and 
Coastal Resources within the Department of Agriculture, Conservation and Forestry or 
the director's designee; the Commissioner of Transportation or the commissioner's 
designee; and 4 public members, 3 of whom must be well drillers. 
Sec. C-16.  32 MRSA §4700-G, sub-§6, as amended by PL 2011, c. 655, Pt. KK, 
§20 and affected by §34, is further amended to read: 
6.  Administrative provision.  The department shall administer the affairs and 
activities of the commission, keep all books and records, excluding data reports.  All 
appropriations for use of the commission must be made to the department.  The 
Department of Agriculture, Conservation and Forestry, Bureau Division of Geology, 
Natural Areas and Coastal Resources shall keep all well data reports and work with the 
department in the administration of the commission's activities. 
Sec. C-17.  33 MRSA §1213, as amended by PL 2011, c. 655, Pt. KK, §21 and 
affected by §34, is further amended to read: 
§1213.  Water boundaries 
For the purposes of this chapter, the Department of Agriculture, Conservation and 
Forestry, Bureau Division of Geology, Natural Areas and Coastal Resources shall draw 
the water boundaries of the 8 coastal counties in order to determine in which registry of 
deeds the island must be registered. These lines must be drawn in accordance with the 
corporate charters of the counties as amended. In instances in which the charter does not 
clearly specify the seaward boundaries of the counties, the boundaries must be drawn in 
accordance with state law and the principles contained in the International Convention for 
the Contiguous and Territorial Sea in determining seaward boundaries between adjacent 
nation states. 
Sec. C-18.  35-A MRSA §3457, as amended by PL 2011, c. 655, Pt. KK, §23 and 
affected by §34, is further amended to read: 
§3457.  Rulemaking; scenic viewpoint; scenic inventory 
1.  Scenic viewpoint.  The Department of Agriculture, Conservation and Forestry 
shall adopt rules to designate scenic viewpoints located on state public reserved land or 
on a trail that is used exclusively for pedestrian use, such as the Appalachian Trail, that 
have state or national significance from a scenic perspective based on criteria modeled 
after those used in the "Maine Rivers Study" published by the former Department of 
Conservation in 1982 and "Maine Wildlands Lakes Assessment" published by the former 
Maine Land Use Regulation Commission in June 1987 and consideration of the criteria in 
section 3452, subsection 3. 
2.  Scenic inventory.  The Department of Agriculture, Conservation and Forestry, 
Bureau Division of Geology, Natural Areas and Coastal Resources shall adopt rules 
regarding the methodology for conducting a scenic inventory of scenic resources of state 
or national significance that are located in the coastal area, as defined by Title 38, section 
1802, subsection 1, in a manner comparable to that used for an inventory listed in section 
3451, subsection 9, paragraph H, subparagraph (1).  The Department of Agriculture, 
Conservation and Forestry, Bureau Division of Geology, Natural Areas and Coastal 
Resources may contract with an outside entity for the preparation of a scenic inventory 
conducted pursuant to the methodology developed pursuant to this subsection. 
Rules adopted pursuant to this section are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
Sec. C-19.  38 MRSA §361-A, sub-§1-D, as amended by PL 2011, c. 655, Pt. 
KK, §24 and affected by §34, is further amended to read: 
1-D.  Aquifer.  "Aquifer" means a geologic formation composed of rock or sand and 
gravel that stores and transmits significant quantities of recoverable water, as identified 
by the Bureau Division of Geology, Natural Areas and Coastal Resources, Maine 
Geological Survey within the Department of Agriculture, Conservation and Forestry. 
Sec. C-20.  38 MRSA §401, 7th ¶, as amended by PL 2011, c. 655, Pt. KK, §25 
and affected by §34, is further amended to read: 
It is the intention of the Legislature that the Bureau Division of Geology, Natural 
Areas and Coastal Resources provide coordination and develop programs for the 
collection and analysis of information relating to the nature, extent and quality of aquifers 
and aquifer recharge areas. 
Sec. C-21.  38 MRSA §402, as amended by PL 2011, c. 655, Pt. KK, §26 and 
affected by §34, is further amended to read: 
§402.  Research 
The Bureau Division of Geology, Natural Areas and Coastal Resources, in 
cooperation with the Department of Environmental Protection, is authorized to conduct 
research and studies to determine recharge and cleansing rates of ground water 
groundwater in different sand and gravel and bedrock formations. 
The Bureau Division of Geology, Natural Areas and Coastal Resources, Maine 
Geological Survey within the Department of Agriculture, Conservation and Forestry in 
cooperation with other agencies as appropriate shall conduct a 3-year program to assess 
the impact of agricultural practices and chemicals on ground water groundwater quality in 
selected agricultural areas and selected aquifers.  The program must evaluate the extent 
and level of contamination associated with pesticide use, the mechanisms by which 
pesticides move through the soil and into ground water groundwater supplies, the 
synergistic effects of these substances and their persistence in ground water groundwater. 
The survey shall report annually its progress to the joint standing committee of the 
Legislature having jurisdiction over natural resources. 
Sec. C-22.  38 MRSA §490-OO, sub-§6, ¶A, as enacted by PL 2011, c. 653, §23 
and affected by §33, is amended to read: 
A.  At least 60 days prior to submitting an application to the department, the applicant 
shall notify by certified mail the municipal officers of each municipality in which the 
mining area or affected area may be located or, in the unorganized territory, the 
county commissioners for each county in which the mining area or affected area may 
be located.  The applicant at the same time shall provide a copy of the notice to the 
department and the Director of the Bureau Division of Geology and, Natural Areas 
and Coastal Resources within the Department of Agriculture, Conservation and 
Forestry. 
Sec. C-23.  38 MRSA §549, as amended by PL 2011, c. 655, Pt. KK, §29 and 
affected by §34, is further amended to read: 
§549.  Personnel and equipment 
The commissioner shall establish and maintain at such ports within the State, and 
other places as the commissioner determines, employees and equipment necessary to 
carry out this subchapter. The commissioner, subject to the Civil Service Law, may 
employ personnel necessary to carry out the purposes of this subchapter, and shall 
prescribe the duties of those employees. The salaries of those employees and the cost of 
that equipment must be paid from the Maine Coastal and Inland Surface Oil Clean-up 
Fund established by this subchapter. The commissioner and the Director of the Bureau 
Division of Geology, Natural Areas and Coastal Resources shall periodically consult with 
each other relative to procedures for the prevention of oil discharges into the coastal 
waters of the State from offshore drilling production facilities. Inspection and 
enforcement employees of the department in their line of duty under this subchapter have 
the powers of a constable. 
Sec. C-24.  38 MRSA §1905, sub-§1, as amended by PL 2011, c. 655, Pt. KK, 
§31 and affected by §34, is further amended to read: 
1.  Maps; coastal barriers identified.  Maine's coastal barriers are identified on 
maps, available for public review, at the Department of Agriculture, Conservation and 
Forestry, Bureau Division of Geology, Natural Areas and Coastal Resources, Maine 
Geological Survey office in Augusta. They are referred to as the Maine Coastal Barrier 
Resources Systems and are numbered consistent with the United States Coastal Barriers 
Resource Act. 
Sec. C-25.  Maine Revised Statutes headnote amended; revision clause.  In 
the Maine Revised Statutes, Title 12, chapter 201-A, subchapter 1, in the subchapter 
headnote, the words "bureau of geology, natural areas and coastal resources" are amended 
to read "division of geology, natural areas and coastal resources" and the Revisor of 
Statutes shall implement this revision when updating, publishing or republishing the 
statutes. 
PART D 
Sec. D-1.  5 MRSA §17851-A, sub-§1, ¶C, as enacted by PL 1997, c. 769, §11, 
is amended to read: 
C.  Forest rangers in the employment of the former Department of Conservation on 
July 1, 1998, or hired thereafter by the former Department of Conservation or the 
Department of Agriculture, Conservation and Forestry; 
Sec. D-2.  5 MRSA §17852, sub-§7-A, as amended by PL 2007, c. 491, §§165 
and 166, is further amended to read: 
7-A.  Forest rangers after August 31, 1984; option.  Except as provided in section 
17851-A, the retirement benefit of a person qualifying under section 17851, subsection 
8-A who retires upon or after reaching 55 years of age is computed in accordance with 
subsection 1 if: 
A.  The person was first employed as a forest ranger in the former Department of 
Conservation or the Department of Agriculture, Conservation and Forestry on or after 
May 1, 1996, elects the option provided in section 17851, subsection 8-A and pays to 
the State Employee and Teacher Retirement Program an increased employee payroll 
contribution in an amount that equals the full actuarial cost of electing that option; or 
B.  The person was first employed as a forest ranger in the former Department of 
Conservation or the Department of Agriculture, Conservation and Forestry before 
May 1, 1996, elects the option provided in section 17851, subsection 8-A and pays to 
the State Employee and Teacher Retirement Program by single or periodic payment 
of a lump sum or by a combination of single and periodic payments the amount that 
equals the full actuarial cost of electing that option for service before that date.  A 
person who requests calculation of the full actuarial cost, regardless of whether the 
person elects the option, must pay to the retirement system by single lump sum 
payment the reasonable administrative costs of determining the full actuarial costs.  
Payment of the full actuarial cost related to service on or after May 1, 1996 is made 
as part of the employee payroll contribution. 
For the purpose of this subsection, "full actuarial cost" means that the person's payment 
or payments must fully offset any unfunded liability that would or does result from 
retirement under the option provided in section 17851, subsection 8-A and must fully 
fund the cost of the person's retirement prior to normal retirement age so that an 
additional employer contribution is not required. 
A person who makes the election provided in section 17851, subsection 8-A at any time 
after the date on which the person is first employed as a forest ranger in the former 
Department of Conservation or the Department of Agriculture, Conservation and Forestry 
must include interest at a rate to be set by the board not to exceed regular interest by 5 or 
more percentage points, applied as of the date on which the person was first employed in 
that capacity to the contributions the person would have paid or had picked up by the 
employer had the person elected that option at the date of first employment. 
This subsection is effective May 1, 1996.  Election to retire under this subsection is a 
one-time irrevocable election.  A person who was first employed as a forest ranger in the 
former Department of Conservation or the Department of Agriculture, Conservation and 
Forestry on or after May 1, 1996 must make the election no later than 90 days after the 
date of first employment.  A person who was first employed in that capacity before May 
1, 1996 must make the election no later than January 1, 1997. 
Sec. D-3.  7 MRSA §2171, sub-§1-A, as enacted by PL 1999, c. 790, Pt. A, §5 
and affected by §6, is amended to read: 
1-A.  Fees established by rule.  No later than December 31, 1999, the The 
Commissioner of Agriculture, Food and Rural Resources Conservation and Forestry shall 
provisionally adopt rules in accordance with Title 5, chapter 375 to establish fees for 
licenses issued under this section.  Rules adopted pursuant to this subsection are major 
substantive rules as defined in Title 5, chapter 375, subchapter II-A 2-A.  Fees established 
by rules adopted under this subsection may take effect no earlier than 90 days after the 
adjournment of the Second Regular Session of the 119th Legislature. 
Sec. D-4.  10 MRSA §945-B, sub-§1, as amended by PL 2011, c. 655, Pt. EE, 
§14 and affected by §30, is further amended to read: 
1.  Members.  Members are the private individuals, partnerships, firms, corporations, 
governmental entities and other organizations who pay dues to the center.  For the 
purposes of this chapter, members may include, but are not limited to, municipal and 
county government, councils of government, local and area development corporations, 
regional planning commissions, development districts, state agencies, higher educational 
facilities, including the components of the University of Maine System, the Maine 
Maritime Academy, private colleges and postsecondary schools and community colleges, 
and other public or quasi-public entities.  The following 8 7 public organizations are 
granted membership by virtue of the State's contribution to the organization, and are 
exempt from dues requirements and each is entitled to designate one individual to 
exercise its voting right:  the Department of Agriculture, Food and Rural Resources 
Conservation and Forestry, the Governor's Office of Policy and Management, the Finance 
Authority of Maine, the Department of Labor, the Department of Conservation, the 
Department of Marine Resources, the Department of Economic and Community 
Development and the Department of Transportation. 
Sec. D-5.  12 MRSA §402, sub-§9, as enacted by PL 1983, c. 458, §1, is amended 
to read: 
9.  Outstanding river stretches.  Protect the special resource values of the flowing 
waters and shorelands of the State's most outstanding river stretches, as identified by the 
former Department of Conservation's 1982 Maine Rivers Study and as specifically 
delineated in this chapter. 
Sec. D-6.  12 MRSA §1893, as amended by PL 2007, c. 429, §1 and affected by 
§3, is further amended to read: 
§1893.  Off-road Recreational Vehicle Office 
1.  Office established.  There is established within the bureau division the Off-road 
Recreational Vehicle Division Office, referred to in this subchapter as the "division 
office."  The division office includes the following. 
A.  Within available funds, the snowmobile program shall develop and maintain 
snowmobile trails and provide educational and informational materials for the use of 
operators of snowmobiles. The bureau division may charge a reasonable fee for such 
services and materials when the money credited to it under chapter 937 is insufficient 
to satisfy the demand for those services and materials. All fees collected must be 
deposited in the bureau's division's Snowmobile Trail Fund.  The bureau division 
shall administer the Snowmobile Trail Fund, and the snowmobile program's other 
activities must be conducted pursuant to subsection 3.  The Snowmobile Trail Fund 
receives funding as provided in chapter 937 and Title 36, section 2903-D, subsection 
2. 
B.  The bureau division shall administer the ATV Recreational Management Fund 
established under subsection 2 for the purposes given in that subsection and for the 
acquisition of land to be used for ATV trails.  The bureau division may adopt rules in 
accordance with Title 5, chapter 375, subchapter 2 for the issuance of grants-in-aid 
from the fund and to further define alpine tundra areas pursuant to section 13001, 
subsection 4.  Additional funding for the ATV Recreational Management Fund is as 
provided in Title 36, section 2903-D, subsection 3. 
2.  ATV Recreational Management Fund.  The ATV Recreational Management 
Fund, referred to in this subsection as "the fund," is established and administered by the 
department. 
A.  The fund may be used to conduct research on issues related to the management of 
ATVs; assist in the formation of nonprofit ATV groups; make grants-in-aid to 
political subdivisions, educational institutions, regional planning agencies, ATV 
groups and others to construct and maintain ATV trails, to purchase equipment or to 
otherwise carry out the purposes of the fund; assist in the design and development of 
ATV trails; purchase, lease or otherwise acquire interests in land, including, but not 
limited to, fee or easement interests for ATV trails or sport-riding facilities; provide 
protection to landowners against ATV-related suit or liability; or otherwise provide 
for the wise and orderly management of ATVs. 
B.  If any money in the fund is not expended during the year in which it is collected, 
the unexpended balance may not lapse, but must be carried as a continuing account 
available for the purposes specified until expended. 
3.  Use of fees.  This subsection applies to the use of fees credited to the Snowmobile 
Trail Fund. 
A.  The bureau division is authorized to use the money credited to the Snowmobile 
Trail Fund to make grants-in-aid to political subdivisions, educational institutions, 
regional planning agencies, snowmobile groups and others for the construction and 
maintenance of snowmobile trails and for research, development and planning of 
snowmobile trails. 
(1)  For all grants disbursed after July 1, 1984, the bureau division shall adopt 
rules specifying how to apply for the grants, which projects are eligible and the 
formula for state support. 
(2)  The bureau division may charge a reasonable fee for these services and 
materials when the money credited to it under this paragraph is insufficient to 
satisfy the demand for the services and materials. All fees so collected must be 
deposited in the Snowmobile Trail Fund. 
(3)  If any of the money is not expended during the year in which the money is 
collected, the unexpended balance does not lapse, but is carried as a continuing 
account available for the purposes specified until expended. 
B.  The bureau division is authorized to use money credited to the Snowmobile Trail 
Fund for snowmobile trail acquisition, including, but not limited to, the purchase or 
lease of real estate, grants to snowmobile clubs, municipalities and counties for the 
acquisition of snowmobile trail maintenance equipment and the acquisition of 
easements, construction, development, planning and maintenance and for providing 
educational and informational materials for the use of operators of snowmobiles and 
for research. 
C.  The money distributed to municipalities by the bureau division under this 
subsection may be appropriated by the municipalities for any purpose for which they 
may lawfully appropriate money. 
D.  By June 30th of each fiscal year, the State Controller shall transfer from the 
Snowmobile Trail Fund to the unappropriated surplus of the General Fund an amount 
equal to the tax exemption under Title 36, section 1760, subsection 90. 
Sec. D-7.  12 MRSA §1893-A, sub-§2, as amended by PL 2003, c. 414, Pt. B, 
§23 and affected by c. 614, §9, is further amended to read: 
2.  Development of recreational management areas.  An owner or operator of an 
excavation site proposing to develop a recreational management area and requesting a 
variance from reclamation standards under Title 38, section 490-E shall request the 
assistance of the division office. 
Upon receipt of a request for assistance, the division office shall assess the affected land 
for suitability for an all-terrain vehicle trail system.  The division office shall advise the 
landowner of funding, technical assistance and other assistance available through the 
ATV Recreational Management Fund established in section 1893, subsections 2 and 3.  
When an initial assessment of the affected land indicates the area is appropriate for an all-
terrain vehicle trail system, the division office may assist the owner or operator in 
developing a plan and completing a variance application. 
Sec. D-8.  12 MRSA §8867-A, as enacted by PL 1997, c. 720, §2, is amended to 
read: 
§8867-A.  Rulemaking 
No later than November 1, 1998, the Commissioner of Conservation shall 
provisionally adopt rules in accordance with Title 5, chapter 375 The Commissioner of 
Agriculture, Conservation and Forestry may adopt rules to implement this subchapter.  
Rules adopted pursuant to this subchapter are major substantive rules as defined in Title 
5, chapter 375, subchapter II-A and must be submitted to the Legislature no later than 
January 1, 1999 for review 2-A. 
The Commissioner of Agriculture, Conservation and Forestry shall consult with the 
Commissioner of Environmental Protection and the Commissioner of Inland Fisheries 
and Wildlife to ensure that bureau rules adopted under this subchapter are consistent with 
wildlife habitat and environmental protection. 
Sec. D-9.  12 MRSA §8867-B, as amended by PL 2003, c. 335, §2, is further 
amended to read: 
§8867-B.  Regulation of timber harvesting activities in areas adjacent to rivers, 
streams, ponds, wetlands and tidal waters 
In accordance with the purposes of chapter 206-A and Title 38, chapter 3 and no later 
than October 1, 2003, the Commissioner of Agriculture, Conservation and Forestry shall 
adopt rules in accordance with Title 5, chapter 375 to establish performance standards for 
timber harvesting activities in areas adjacent to rivers, streams, ponds, wetlands and tidal 
waters.  The rules must provide the maximum opportunity for flexibility that achieves the 
goal of protecting the public resources while minimizing the impact on private resources.  
The initial rules adopted pursuant to this section are routine technical rules as defined in 
Title 5, chapter 375, subchapter 2-A.  Subsequent amendments to those rules are major 
substantive rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. D-10.  12 MRSA §10157, sub-§1, ¶A, as amended by PL 2011, c. 576, §4, 
is further amended to read: 
A.  Four Three ex officio members: 
(1)  The commissioner or the commissioner's designee; 
(2)  The Commissioner of Environmental Protection or the commissioner's 
designee; and 
(3)  The Commissioner of Agriculture, Conservation and Forestry or the 
commissioner's designee; and 
(4)  The Commissioner of Agriculture, Food and Rural Resources or the 
commissioner's designee; 
Sec. D-11.  14 MRSA §159-C, sub-§2, as enacted by PL 1997, c. 739, §10, is 
amended to read: 
2.  Limited liability.  A lake association that has obtained a permit from the former 
Department of Conservation or the Department of Agriculture, Conservation and Forestry 
to place navigational aid markers in great ponds is not liable for personal injury, property 
damage or death caused by placement or maintenance of those navigational aid markers 
provided that as long as the lake association has placed or maintained the markers in 
conformance with the terms and conditions of the permit. 
Sec. D-12.  35-A MRSA §3451, sub-§9, ¶E, as enacted by PL 2007, c. 661, Pt. 
A, §7, is amended to read: 
E.  A segment of a scenic river or stream identified as having unique or outstanding 
scenic attributes listed in Appendix G of the "Maine Rivers Study" published by the 
former Department of Conservation in 1982; 
Sec. D-13.  36 MRSA §1120, as enacted by PL 1987, c. 728, §10 and amended by 
PL 1997, c. 526, §14, is further amended to read: 
§1120.  Program promotion 
The Department of Agriculture, Food and Rural Resources Conservation and Forestry 
shall undertake an informational program designed to educate Maine citizens as to the 
existence of the farm and open space tax laws, which shall must include, but not be 
limited to, informing local farm organizations and associations of tax assessors about the 
law. 
By January 1, 1989, the The Department of Agriculture, Food and Rural Resources 
Conservation and Forestry and the Bureau of Revenue Services shall produce written 
materials designed to inform municipal assessors, farmers and Maine citizens about the 
farm and open space tax program.  These materials shall must be in a form that is 
attractive, easily understandable and designed to interest the public in the program.  The 
department and the bureau shall ensure that these written materials are made available 
and distributed as widely as possible throughout the State. 
Sec. D-14.  38 MRSA §435, 2nd ¶, as repealed and replaced by PL 1987, c. 815, 
§§1 and 11, is amended to read: 
It is further declared that, in accordance with Title 12, section 402, certain river and 
stream segments, as identified in the former Department of Conservation's 1982 Maine 
Rivers Study and as specifically delineated in section 437, are significant river segments 
and deserve special shoreland zoning controls designed to protect their natural and 
recreational features. 
Sec. D-15.  38 MRSA §446, as corrected by RR 1991, c. 2, §144, is amended to 
read: 
§446.  Municipal ordinance review and certification 
Each municipality with shorelands along significant river segments, as identified in 
section 437, shall review the adequacy of the zoning on these shorelands to protect the 
special values cited for these river segments by the former Department of Conservation's 
1982 Maine Rivers Study and for consistency with the guidelines established under 
section 445.  Prior to December 15, 1984, each such municipality shall certify to the 
Board of Environmental Protection either that its existing zoning for these areas is at least 
as restrictive as the guidelines established under section 445, or that it has amended its 
zoning for this purpose.  This certification must be accompanied by the ordinances and 
zoning maps covering these areas.  Failure to accomplish the purposes of this section 
results in adoption of suitable ordinances for these municipalities, as provided for in 
section 438-A. 
Sec. D-16.  38 MRSA §490-D, sub-§15, as enacted by PL 2001, c. 466, §10, is 
amended to read: 
15.  Recreational management areas.  An owner or operator may request a variance 
to develop a recreational management area on the affected land as an alternative to 
reclamation in accordance with subsection 14.  The department may grant a variance 
under section 490-E if the Off-road Recreational Vehicle Division Office determines the 
site is suitable under Title 12, section 1893-A. 
Sec. D-17.  38 MRSA §991, 3rd ¶, as enacted by PL 1987, c. 470, §2, is amended 
to read: 
The Legislature finds that the St. Croix River was identified as one of the State's most 
outstanding river stretches in the former Department of Conservation's 1982 Maine 
Rivers Study and is specifically designated for protection in Title 12, section 405. 
Sec. D-18.  Maine Revised Statutes headnote amended; revision clause.  In 
the Maine Revised Statutes, Title 12, chapter 220, subchapter 8, in the subchapter 
headnote, the words "off-road recreational vehicle division" are amended to read "off-
road recreational vehicle office" 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 
PART A 
Section 1 corrects a conflict created by Public Law 2011, chapters 559 and 622, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Section 2 corrects a clerical error, makes grammatical changes and removes 
gender-specific language. 
Public Law 2011, chapter 342 repealed Title 21-A, section 605 and enacted a new 
section 605-A.  Section 3 corrects a cross-reference to that section and makes a technical 
correction. 
Section 4 corrects a clerical error by replacing the word "though" with the word 
"through." 
Section 5 corrects a conflict created by Public Law 2011, chapters 633 and 655, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Section 6 changes the term "concealed firearm" to "concealed handgun" to reflect 
changes in terminology enacted in Public Law 2011, chapter 298. 
Section 7 corrects a conflict created when Public Law 2007, chapter 557 repealed and 
replaced and chapter 607 repealed Title 12, section 6728, subsection 3 by repealing and 
replacing that subsection using the chapter 557 version. 
Section 8 corrects a conflict created when Public Law 2007, chapter 557 repealed and 
replaced Title 12, section 6728, subsection 3 and Public Law 2007, chapter 607 repealed 
that subsection and enacted a new subsection 3-A with substantially the same language as 
that in the chapter 557 version of subsection 3 by repealing subsection 3-A. 
Section 9 changes the term "concealed firearm" to "concealed handgun" to reflect 
changes in terminology enacted in Public Law 2011, chapter 298. 
Section 10 corrects a conflict created by Public Law 2011, chapters 640 and 680, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Section 11 changes the term "concealed firearm" to "concealed handgun" to reflect 
changes in terminology enacted in Public Law 2011, chapter 298. 
Section 12 corrects a conflict created by Public Law 2011, chapters 679 and 686, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Section 13 corrects a conflict created by Public Law 2011, chapters 679 and 686, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Section 14 corrects a conflict created when Public Law 2011, chapter 213 amended 
and chapter 424 repealed Title 22, section 335, subsection 1, paragraph E by repealing 
that paragraph. 
Section 15 corrects punctuation and makes a format correction. 
Section 16 corrects a conflict created by Public Law 2011, chapters 636 and 648, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Section 17 changes the term "concealed firearm" to "concealed handgun" to reflect 
changes in terminology enacted in Public Law 2011, chapter 298. 
Section 18 corrects a conflict created by Public Law 2011, chapters 633 and 655, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Section 19 corrects a conflict created by Public Law 2011, chapters 633 and 655, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Section 20 changes the term "concealed firearm" to "concealed handgun" to reflect 
changes in terminology enacted in Public Law 2011, chapter 298. 
Section 21 changes the term "firearm" to "handgun" to reflect changes in terminology 
enacted in Public Law 2011, chapter 298. 
Section 22 corrects a conflict created by Public Law 2011, chapters 627 and 655, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Section 23 changes the term "concealed firearm" to "concealed handgun" to reflect 
changes in terminology enacted in Public Law 2011, chapter 298. 
Section 24 corrects a conflict created by Public Law 2011, chapters 298 and 366, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Section 25 changes the term "concealed firearm" to "concealed handgun" to reflect 
changes in terminology enacted in Public Law 2011, chapter 298. 
Section 26 corrects a conflict created by Public Law 2011, chapters 597 and 604, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Section 27 changes the term "concealed firearm" to "concealed handgun" to reflect 
changes in terminology enacted in Public Law 2011, chapter 298. 
Section 28 corrects a conflict created by Public Law 2011, chapters 273 and 413, 
which affected the same provision of law. This section repeals the provision and replaces 
it with the chapter 413 version. 
Section 29 corrects a conflict created by Public Law 2011, chapters 655 and 682, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Section 30 corrects a conflict created when Public Law 2011, chapter 644 amended 
and chapter 655 repealed Title 36, section 187-B, subsection 1-A by repealing that 
subsection. 
Section 31 corrects a conflict created by Public Law 2011, chapters 644 and 694, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Section 32 corrects a conflict created when Public Law 2011, chapter 644 amended 
and chapter 694 repealed Title 36, section 191, subsection 2, paragraph VV by repealing 
that paragraph. 
Sections 33 and 34 correct a numbering problem created by Public Law 2011, 
chapters 644 and 694, which enacted 2 substantively different provisions with the same 
paragraph letter, and make a technical change. 
Section 35 corrects a conflict created by Public Law 2011, chapters 552 and 624, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Section 36 corrects a numbering problem created by Public Law 2011, chapters 655 
and 684, which enacted 2 substantively different provisions with the same subparagraph 
number, and makes a technical change. 
Section 37 removes a cross-reference to a subsection that has been repealed. 
Section 38 corrects a conflict created by Public Law 2011, chapters 548 and 644, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Section 39 corrects a conflict created by Public Law 2011, chapters 548 and 644, 
which affected the same provision of law, by incorporating the changes made by both 
laws. 
Sections 40 and 41 correct an error that was created when Public Law 2011, chapter 
amended a version of Title 36, section 5219-GG and chapter 548 repealed section 
5219-GG to resolve a conflict and enacted the language of the version of section 
5219-GG amended in chapter 563 as section 5219-HH.  Section A-45 repeals the 
amendment to section 5219-GG made by chapter 563 and makes that change in section 
5219-HH. 
Section 42 changes language referring to the grounds for a property tax abatement to 
reflect a change in the grounds made in Public Law 2011, chapter 624. 
Section 43 removes a cross-reference to a subsection that has been repealed. 
PART B 
Sections 1 and 2 correct a conflict created when Public Law 2011, chapter 682 
amended and chapter 655 repealed Title 12, section 685-C, subsection 1, paragraph B by 
repealing paragraph B and enacting a new paragraph B-1 based on chapter 682. 
Section 3 corrects a conflict created when Public Law 2011, chapter 655 amended 
and chapter 682 repealed Title 12, section 685-C, subsection 1, paragraph C by repealing 
that paragraph. 
Section 4 changes references in Title 23, section 3360-A, subsection 5-I, paragraph A 
to the Maine Land Use Regulation Commission by referring to it as the former 
commission and adds references to the new Maine Land Use Planning Commission to 
implement the intent of Public Law 2011, chapter 682, section 38. 
Section 5 corrects a conflict created when Public Law 2011, chapter 653 amended 
and chapter 682 repealed Title 38, section 488, subsection 9 by repealing that subsection. 
PART C 
Public Law 2011, chapter 657, Part V reorganizes the Department of Agriculture, 
Food and Rural Resources and the Department of Conservation into one department, the 
Department of Agriculture, Conservation and Forestry.  Pursuant to Part W of that public 
law, the Bureau of Geology and Natural Areas within the former Department of 
Conservation is renamed the Division of Geology and Natural Areas.  In Public Law 
2011, chapter 655, Part KK, section 14, the bureau is renamed the Bureau of Geology, 
Natural Areas and Coastal Resources.  This Part corrects that conflict by combining the 
action of both public laws and renaming the agency the Division of Geology, Natural 
Areas and Coastal Resources. 
Additionally, in section 18 of this Part a reference to the Maine Land Use Regulation 
Commission is corrected to reflect the changed name of that agency pursuant to Public 
Law 2011, chapter 682. 
This Part also updates references to the former departments and makes corrections in 
punctuation and usage. 
PART D 
Public Law 2011, chapter 657, Part V reorganizes the Department of Agriculture, 
Food and Rural Resources and the Department of Conservation into one department, the 
Department of Agriculture, Conservation and Forestry.  This Part makes changes to 
reflect that reorganization in sections where various technical corrections were required, 
as follows. 
Sections 1, 2 and 11 add language to allow the law to apply to actions taken by both 
the former Department of Conservation and the new department. 
Sections 3, 8, 9 and 13 remove obsolete language and references to past dates and 
make technical changes. 
Section 4 eliminates reference to one of the departments where both appear and 
makes a technical change. 
Sections 5, 12, 14, 15 and 17 add the word "former" to a reference to a past 
publication of the Department of Conservation. 
Section 10 eliminates reference to one of the commissioners where both appear and 
makes a technical change. 
Sections 6, 7, 16 and 18 implement the reorganization of a bureau within the 
Department of Conservation to a division within the new department and designate what 
had been the Off-road Recreational Vehicle Division within that bureau as the Off-road 
Recreational Vehicle Office.