pem207/maine-bills huggingface dataset:
An Act To Impose a Outy To Warn and Protect on Mental Health Professionals
Maine Legislature, Session 126, LD 1200
Committee Amendment CA_A_H207 (House)
Amends: 32 MRSA §2600-C

COMMITTEE AMENDMENT" fl" to H.P. 844, 1.0. 1200, Bill, "An Act To 
Impose a Outy To Warn and Protect on Mental Health Professionals" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Impose a Duty To Warn and Protect on Health Professionals' 
Amend the bill by inserting after the enacting clause and before section 1 the 
following: 
'Sec. 1. 32 MRSA §2600-C is enacted to read: 
§2600-C. Duty to warn and protect 
1. Duty. An osteopathic physician licensed under this chapter has a duty to warn of 
or to take reasonable precautions to provide protection from a patient's violent behavior if 
the osteopathic physician has a reasonable belief based on communications with the 
patient that the patient is likely to engage in physical violence that poses a serious risk of 
harm to self or others or that constitutes a serious threat of substantial damage to real 
property. The duty imposed under this subsection may not be interpreted to require the 
osteopathic physician to take any action that in the reasonable professional judgment of 
the osteopathic physician would endanger the osteopathic physician or increase the threat 
of danger to a potential victim. 
2. Discharge of duty. An osteopathic physician subject to a duty to warn or provide 
protection under subsection 1 may discharge that duty if the osteopathic physician makes 
reasonable efforts to communicate the threat to a potential victim, notifies a law 
enforcement agency or seeks involuntary hospitalization of the patient under Title 34-B, 
chapter 3, subchapter 4, article 3. 
3. Immunity. The decision of an osteopathic physician to take or not to take an 
action authorized under this section may not be the basis for any civil or criminal liability 
of the osteopathic physician.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
COMMITTEE AMENDMENT 
~~'6 
COMMITIEE AMENDMENT" A "to H.P. 844, L.D. 1200 
SUMMARY 
This amendment is the minority report of the committee and adds to the bill by 
imposing on osteopathic physicians a duty to warn and protect if a patient is likely to 
engage in physical violence that poses a serious risk of harm to self or others or that 
constitutes a serious threat of substantial damage to real property. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/08/13 
~aC"-
LD 1200 
LR 1892(02) 
An Act To Impose a Duty To Warn and Protect on Mental Health Professionals 
Fiscal Note for Bill as Amended by Committee Amendment ''/r'C H"'" )07 , 
Committee: Judiciary 
'/ 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Correctional and Judicial Impact Statements 
Increases case-loads with no effect on fines or fees 
LR1892(02) - Fiscal Note - Page 1 of 1
An Act To Protect Employees from Abusive Work Environments
Maine Legislature, Session 126, LD 1201
Committee Amendment CA_A_H129 (House)
Committee: Labor, Commerce, Research and Economic Development with recommendations and

COMMITTEE AMENDMENT "A " to H.P. 845, L.D. 1201, Bill, "An Act To 
Protect Employees from Abusive Work Environments" 
Amend the bill by striking out the title and substituting the following: 
'Resolve, Directing the Workers' Compensation Board To Study the Issue of 
Addressing Psychological and Physical Harm to Employees Due to Abusive Work 
Environments' 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Sec. 1. 
Abusive work environments. 
Resolved: 
That the Workers' 
Compensation Board shall conduct a study on the issue of addressing psychological and 
physical harm to employees due to abusive work environments and report to the Joint 
Standing Committee on Labor, Commerce, Research and Economic Development by 
January 30, 2014 with recommendations and suggested implementing legislation based 
on the study; and be it further 
Sec. 2. 
Authority to report out legislation. 
Resolved: 
That the Joint 
Standing Committee on Labor, Commerce, Research and Economic Development may 
report out a bill to the Second Regular Session of the 126th Legislature related to the 
recommendations of the Workers' Compensation Board submitted pursuant to section I.' 
SUMMARY 
This amendment strikes the bill and replaces it with a resolve directing the Workers' 
Compensation Board to study the issue of addressing psychological and physical harm to 
employees due to abusive work environments and to report to the Joint Standing 
Committee on Labor, Commerce, Research and Economic Development with 
recommendations and suggested implementing legislation by January 30, 2014. 
The 
Joint Standing Committee on Labor, Commerce, Research and Economic Development is 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 845, L.D. 1201 
authorized to report out a bill related to these recommendations in the Second Regular 
Session of the 126th Legislature. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/22/13 ;tvac:. 
LD 1201 
LR 1906(02) 
An Act To Protect Employees from Abusive Work Environments 
Fiscal Note for Bill as Amended by Committee Amendment ~I {H"/ act ) 
Committee: Labor, Commerce, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Additional costs to the Workers' Compensation Board to conduct the required study and submit the required report 
can be absorbed within existing budgeted resources. 
LR1906(02) - Fiscal Note - Page 1 of 1
An Act To Encourage Financing of Manufactured Housing for the Workforce
Maine Legislature, Session 126, LD 1203
Committee Amendment CA_A_H298 (House)

COMMITTEE AMENDMENT "A' to H.P. 847, L.D. 1203, Bill, "An Act To 
Encourage Financing of Manufactured Housing for the Workforce" 
Amend the bill in section 1 in subsection 1 by adding at the end a new blocked 
paragraph to read: 
'An individual is considered to be acting habitually or repeatedly under this subsection if 
the individual takes a residential mortgage application and offers or negotiates tenus of a 
residential mortgage loan for compensation or gain more than 3 times in a 12-month 
period. An exemption from the licensure requirements under this Article does not apply 
if the individual, alone or with others, is found by the administrator to have acted so as to 
intentionally circumvent or evade the provisions of this subsection.' 
SUMMARY 
This amendment provides that an individual must be licensed as a mortgage loan 
originator if that individual negotiates mortgage terms more than 3 times within a 
12-month period or a fewer number of times if the Superintendent of Consumer Credit 
Protection finds intent to circumvent or evade licensing requirements. 
COMMITTEE AMENDMENT
An Act To Encourage Financing of Manufactured Housing for the Workforce
Maine Legislature, Session 126, LD 1203
Committee: Labor, Commerce, Research and Economic Development
Sponsors: VOLK, KATZ, FOWLE, NADEAU, SIROCKI, CUSHING, PATRICK, THIBODEAU, WHITTEMORE
Amends: 9-A MRSA §13

Legislative Document 
No. 1203 
H.P. 847 
House of Representatives, March 26, 2013 
An Act To Encourage Financing of Manufactured Housing for the 
Workforce 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative VOLK of Scarborough. 
Cosponsored by Senator KATZ of Kennebec and 
Representatives: FOWLE of Vassalboro, MacDONALD of Old Orchard Beach, NADEAU of 
Winslow, SIROCKI of Scarborough, Senators: CUSHING of Penobscot, PATRICK of Oxford, 
THIBODEAU of Waldo, WHITTEMORE of Somerset. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  9-A MRSA §13-103, sub-§1, as enacted by PL 2009, c. 362, Pt. B, §1, is 
amended to read: 
1.  Requirement.  An individual, unless specifically exempted from this Article 
under subsection 2, may not engage in the business of a mortgage loan originator without 
obtaining and maintaining annually a license under this Article.  Each licensed mortgage 
loan originator must register with and maintain a valid unique identifier issued by the 
nationwide mortgage licensing system and registry. 
As used in this subsection, "engaging in the business of a mortgage loan originator" 
means the individual, in a commercial context and habitually or repeatedly: 
A.  Takes a residential mortgage loan application and offers or negotiates terms of a 
residential mortgage loan for compensation or gain; or 
B.  Represents to the public, through advertising or other means of communicating or 
providing information, including the use of business cards, stationery, brochures, 
signs, rate lists or other promotional items, that the individual can or will perform the 
activities described in paragraph A. 
Sec. 2.  9-A MRSA §13-103, sub-§2, ¶¶H to J are enacted to read: 
H.  An individual who acts as a mortgage loan originator in providing financing for 
the sale of a property owned by that individual as long as that individual does not 
habitually or repeatedly engage in that activity. 
I.  An individual who acts as a mortgage loan originator as long as the source of 
prospective financing does not provide mortgage financing or perform other 
mortgage loan origination activities habitually or repeatedly. 
J.  An employee of a government entity who acts as a mortgage loan originator 
pursuant to that employee's official duties as an employee of that government entity. 
SUMMARY 
This bill amends the Maine Secure and Fair Enforcement for Mortgage Licensing Act 
of 2009 to specify that a person is not required to be licensed as a mortgage loan 
originator if that person does not engage in the business of a mortgage loan originator in a 
commercial context habitually or repeatedly or is a government employee acting in that 
employee's official capacity as a government employee.
An Act To Ensure Equity in the Taxation of Food Items
Maine Legislature, Session 126, LD 1206
Committee: Taxation
Sponsors: MacDONALD, RANKIN, SANBORN

Legislative Document 
No. 1206 
H.P. 850 
House of Representatives, March 26, 2013 
An Act To Ensure Equity in the Taxation of Food Items 
Reference to the Committee on Taxation suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative MacDONALD of Boothbay. 
Cosponsored by Representatives: RANKIN of Hiram, SANBORN of Gorham. 
Be it enacted by the People of the State of Maine as follows: 
CONCEPT DRAFT 
SUMMARY 
This bill is a concept draft pursuant to Joint Rule 208. 
This bill proposes to change the way the sales and use tax is applied to grocery 
staples, which are tax-exempt under the law except when sold in small quantities for 
individual use.
An Act To Clarify the Appeal Process of Code Enforcement Officers and Boards of Appeal
Maine Legislature, Session 126, LD 1204
Committee: State and Local Government
Sponsors: HOBBINS
Amends: 30-A MRSA §2691

Legislative Document 
No. 1204 
H.P. 848 
House of Representatives, March 26, 2013 
An Act To Clarify the Appeal Process of Code Enforcement Officers 
and Boards of Appeal 
Reference to the Committee on State and Local Government suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative HOBBINS of Saco. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  30-A MRSA §2691, sub-§4, as enacted by PL 1987, c. 737, Pt. A, §2 and 
Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is 
further amended to read: 
4.  Jurisdiction.  Any municipality establishing a board of appeals may give the 
board the power to hear any appeal by any person, affected directly or indirectly, from 
any decision, order, regulation or failure to act of any officer, board, agency or other body 
when an appeal is necessary, proper or required.  No board may assert jurisdiction over 
any matter unless the municipality has by charter or ordinance specified the precise 
subject matter that may be appealed to the board and the official or officials whose action 
or nonaction may be appealed to the board.  Absent an express provision in a charter or 
ordinance that certain decisions of its code enforcement officer or board of appeals are 
only advisory, a notice of violation or an enforcement order by a code enforcement 
officer under a land use ordinance is reviewable on appeal by the board of appeals and in 
turn by the Superior Court under the Maine Rules of Civil Procedure, Rule 80B.  Any 
such decision that is not timely appealed is subject to the same preclusive effect as 
otherwise provided by law.  Any board of appeals shall hear any appeal submitted to the 
board in accordance with Title 28-A, section 1054. 
SUMMARY 
This bill seeks to address the decision in Eliot Shores, LLC v. Town of Eliot, 2010 
ME 129, 9 A.3d 806, by allowing the board of appeals for a municipality to review a 
decision of a code enforcement officer for that municipality unless the charter or an 
ordinance of the municipality expressly provides that the decision of the code 
enforcement officer or board of appeals is only advisory.
An Act To Lower the Rate of Excise Tax on Older Vehicles To Acknowledge the Longer Life Span of Motor Vehicles
Maine Legislature, Session 126, LD 1205
Committee: Taxation
Sponsors: CRAY, COLLINS, CRAFTS, GIFFORD, TIMBERLAKE

Legislative Document 
No. 1205 
H.P. 849 
House of Representatives, March 26, 2013 
An Act To Lower the Rate of Excise Tax on Older Vehicles To 
Acknowledge the Longer Life Span of Motor Vehicles 
Reference to the Committee on Taxation suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative CRAY of Palmyra. 
Cosponsored by Senator COLLINS of York and 
Representatives: CRAFTS of Lisbon, GIFFORD of Lincoln, TIMBERLAKE of Turner. 
Be it enacted by the People of the State of Maine as follows: 
CONCEPT DRAFT 
SUMMARY 
This bill is a concept draft pursuant to Joint Rule 208. 
This bill proposes to amend the annual excise tax that is imposed on the registration 
of motor vehicles.  Currently, the mill rate begins at 24 mills of the maker's list price for 
the first model year of the motor vehicle and decreases, on a sliding scale, to 4 mills for 
the 6th and succeeding year of the motor vehicle.  This bill would alter that scale to take 
into consideration, in a revenue-neutral manner, the high percentage of motor vehicles 
registered each year in this State that are more than 6 years old.
An Act To Clarify the Appeal Process of Code Enforcement Officers and Boards of Appeal
Maine Legislature, Session 126, LD 1204
Committee Amendment CA_A_H173 (House)

COMMITTEE AMENDMENT" A" to H.P. 848, L.D. 1204, Bill, "An Act To 
Clarify the Appeal Process of Code Enforcement Officers and Boards of Appeal" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 30-A MRS A §2691, sub-§4, as enacted by PL 1987, c. 737, Pt. A, §2 and 
Pt. C, §lO6 and amended by PL 1989, c. 6; c. 9, §2; and c. lO4, Pt. C, §§8, lO, is further 
amended to read: 
4. Jurisdiction. Any municipality establishing a board of appeals may give the 
board the power to hear any appeal by any person, affected directly or indirectly, from 
any decision, order, regulation or failure to act of any officer, board, agency or other body 
when an appeal is necessary, proper or required. No board may assert jurisdiction over 
any matter unless the municipality has by charter or ordinance specified the precise 
subject matter that may be appealed to the board and the official or officials whose action 
or nonaction may be appealed to the board. Absent an express provision in a charter or 
ordinance that certain decisions of its code enforcement officer or board of appeals are 
only advisory or may not be appealed, a notice of violation or an enforcement order by a 
code enforcement officer under a land use ordinance is reviewable on appeal by the board 
of appeals and in tum by the Superior Court under the Maine Rules of Civil Procedure, 
Rule 80B. Any such decision that is not timely appealed is subject to the same preclusive 
effect as otherwise provided by law. 
Any board of appeals shall hear any appeal 
submitted to the board in accordance with Title 28-A, section 1054.' 
SUMMARY 
The bill strikes a provision in current law that a board of appeals may not assert 
jurisdiction over a matter unless the municipal charter or ordinance specifies the precise 
subject matter that may be appealed. This amendment retains that provision. 
The bill allows a board of appeals to review a decision of a code enforcement officer 
unless the charter or an ordinance expressly provides that the decision is only advisory; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 848, L.D. 1204 
the amendment provides that the charter or an ordinance may expressly provide that the 
decision may not be appealed. 
The bill and amendment seek to address the decisions in Eliot Shores, LLC v. Town 
of Eliot, 2010 ME 129, 9 A.3d 806 and Farrell v. City of Auburn, 2010 ME 88, 3 A.3d 
385. 
COMMITTEE AMENDMENT
An Act To Prohibit the Use of Public Resources for a Privately Owned East-west Highway
Maine Legislature, Session 126, LD 1209
Committee: Transportation
Sponsors: CASSIDY, CHAPMAN, CHENETTE, GIDEON, NOON, RYKERSON
Amends: 23 MRSA §4252

Legislative Document 
No. 1209 
H.P. 853 
House of Representatives, March 26, 2013 
An Act To Prohibit the Use of Public Resources for a Privately 
Owned East-west Highway 
Reference to the Committee on Transportation suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative CASSIDY of Lubec. 
Cosponsored by Representatives: CHAPMAN of Brooksville, CHENETTE of Saco, GIDEON 
of Freeport, NOON of Sanford, RYKERSON of Kittery. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  23 MRSA §4252 is enacted to read: 
§4252.  Development of private east-west highway 
1.  Expenditure for development prohibited.  Notwithstanding any provision of 
law to the contrary, public funds may not be expended for the development of a privately 
owned east-west highway or utility corridor.  As used in this subsection, "development" 
includes, but is not limited to, a feasibility or impact study, preparation, planning or 
construction or the purchase of land. 
2.  Use of public land prohibited.  Notwithstanding any provision of law to the 
contrary, public land may not be used for the development or construction of a privately 
owned east-west highway or utility corridor. 
Sec. 2.  Resolve 2011, c. 147 is repealed. 
Sec. 3.  Retroactivity.  That section of this Act that repeals Resolve 2011, chapter 
applies retroactively to August 30, 2012. 
SUMMARY 
This bill prohibits the use of state funds or state-owned property for the construction 
or development of a privately owned east-west highway, including the preparation or 
study for the development of a privately owned east-west highway. 
This bill also repeals "Resolve, To Require the Department of Transportation To 
Facilitate and Oversee a Study of the Feasibility of an East-west Highway," retroactively 
to the effective date of that resolve.
An Act To Prohibit Coal Tar Pavement Products
Maine Legislature, Session 126, LD 1212
Committee: Environment and Natural Resources
Sponsors: DAUGHTRY, MILLETT, CHIPMAN, GIDEON, HICKMAN, HUBBELL, JORGENSEN, KRUGER, NELSON
Amends: 38 MRSA §419-D

Legislative Document 
No. 1212 
H.P. 857 
House of Representatives, March 26, 2013 
An Act To Prohibit Coal Tar Pavement Products 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative DAUGHTRY of Brunswick. 
Cosponsored by Senator MILLETT of Cumberland and 
Representatives: CHIPMAN of Portland, GIDEON of Freeport, HICKMAN of Winthrop, 
HUBBELL of Bar Harbor, JORGENSEN of Portland, KRUGER of Thomaston, McCLELLAN 
of Raymond, NELSON of Falmouth. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  38 MRSA §419-D is enacted to read: 
§419-D.  Coal tar pavement products prohibited 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Coal tar" means a viscous substance obtained by the destructive distillation of 
coal and containing levels of polycyclic aromatic hydrocarbons in excess of 10,000 
milligrams per kilogram.  "Coal tar" includes, but is not limited to, refined coal tar, 
high temperature coal tar and coal tar pitch. 
B.  "Coal tar pavement product" means a material that contains coal tar and is for use 
on an asphalt or concrete surface, including a driveway or parking area. 
2.  Sale of coal tar pavement products prohibited.  A person may not sell at 
wholesale or retail a coal tar pavement product that is labeled as containing coal tar. 
3.  Application of coal tar pavement products prohibited.  A person may not apply 
a coal tar pavement product on a driveway or parking area. 
SUMMARY 
This bill prohibits the sale and use of coal tar pavement products.
An Act To Reduce Costs and Increase Access to Methadone Treatment
Maine Legislature, Session 126, LD 1213
Committee Amendment CA_A_H598 (House)

COMMITTEE AMENDMENT "It., to H.P. 858, L.D. 1213, Bill, "An Act To 
Reduce Costs and Increase Access to Methadone Treatment" 
Amend the bill by incorporating the attached fiscal note. 
SUMMARY 
This amendment, which is the minority report of the committee, incorporates a fiscal 
note. 
COMMITTEE AMENDMENT 
Approved: 01127/14 
~ae 
LD 1213 
LR 789(02) 
An Act To Reduce Costs and Increase Access to Methadone Treatment 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment ,~, (H -5q8) 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - General Fund 
Current biennium cost increase - Federal Expenditures Fund 
The Department of Health and Human Services may experience an increase in General Fund and Federal Expenditures 
Fund Medicaid costs since federally qualified health centers are reimbursed at a rate significantly higher than 
methadone clinics. It is likely that the additional cost to reimburse federally qualified health centers will exceed any 
possible transportation savings. 
LR0789(02) - Fiscal Note - Page I of 1
An Act To Ensure Compliance with the Laws Governing Elections
Maine Legislature, Session 126, LD 1210
Committee: Veterans and Legal Affairs
Sponsors: LUCHINI, TUTTLE, BEAULIEU, MASON, PATRICK
Amends: 21-A MRSA §1003

Legislative Document 
No. 1210 
H.P. 854 
House of Representatives, March 26, 2013 
An Act To Ensure Compliance with the Laws Governing Elections 
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative LUCHINI of Ellsworth. 
Cosponsored by Senator TUTTLE of York and 
Representative: BEAULIEU of Auburn, Senators: MASON of Androscoggin, PATRICK of 
Oxford. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  21-A MRSA §1003, sub-§1, as amended by PL 2011, c. 389, §3, is 
further amended to read: 
1.  Investigations.  The commission may undertake audits and investigations to 
determine the facts concerning the registration of a candidate, treasurer, party committee, 
political action committee, ballot question committee or other political committee and 
contributions by or to and expenditures by a person, candidate, treasurer, party 
committee, political action committee, ballot question committee or other political 
committee whether a person has violated this chapter, chapter 14 or the rules of the 
commission.  For this purpose, the commission may subpoena witnesses and records 
whether located within or without the State and take evidence under oath.  A person or 
entity that fails to obey the lawful subpoena of the commission or to testify before it 
under oath must be punished by the Superior Court for contempt upon application by the 
Attorney General on behalf of the commission. The Attorney General may apply on 
behalf of the commission to the Superior Court or to a court of another state to enforce 
compliance with a subpoena issued to a nonresident person. Service of any subpoena 
issued by the commission may be accomplished by: 
A.  Delivering a duly executed copy of the notice to the person to be served or to a 
partner or to any officer or agent authorized by appointment or by law to receive 
service of process on behalf of that person; 
B.  Delivering a duly executed copy of the notice to the principal place of business in 
this State of the person to be served; or 
C.  Mailing by registered or certified mail a duly executed copy of the notice, 
addressed to the person to be served, to the person's principal place of business. 
SUMMARY 
This bill authorizes the Commission on Governmental Ethics and Election Practices 
to undertake audits and investigations to determine whether a person has violated the 
laws governing campaign reporting and finances, the Maine Clean Election Act or 
commission rules. The bill also authorizes the Attorney General to apply on behalf of the 
commission to enforce compliance with a subpoena issued to a nonresident person.
An Act To Amend the Laws Concerning Absentee Ballots
Maine Legislature, Session 126, LD 1211
Committee: Veterans and Legal Affairs
Sponsors: COTTA
Amends: 21-A MRSA §753-A, 30-A MRSA §2529, 30-A MRSA §2554

Legislative Document 
No. 1211 
H.P. 855 
House of Representatives, March 26, 2013 
An Act To Amend the Laws Concerning Absentee Ballots 
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative COTTA of China. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  21-A MRSA §753-A, sub-§2, as enacted by PL 1999, c. 645, §6, is 
amended to read: 
2.  Application for state and municipal ballots at same time.  If a municipal 
election is to be held on the same date as a statewide election, absentee ballots for the 
municipal and statewide election may be issued in response to the same application 
unless the municipal ballots are not ready to be issued at the time the statewide ballot is 
available.  The clerk may not delay the issuance of a statewide absentee ballot in order to 
include a municipal ballot pursuant to this subsection. 
Sec. 2.  30-A MRSA §2529, sub-§3 is enacted to read: 
3.  Deadline for preparation.  If a town election is to be held on the same date as a 
statewide election, the clerk shall prepare absentee ballots no later than 30 days before the 
election. 
Sec. 3.  30-A MRSA §2554, sub-§1, as enacted by PL 1987, c. 737, Pt. A, §2 and 
Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is 
further amended to read:  
1.  Prepared by clerk.  The clerk shall prepare, at the city's expense, the ballots, 
specimen ballots and instruction posters for use in a city election a reasonable time and as 
nearly as practicable before each election, in accordance with section 2528, subsection 6.  
If a city election is to be held on the same date as a statewide election, the clerk shall 
prepare absentee ballots no later than 30 days before the election. 
SUMMARY 
This bill imposes the same deadline for the preparation of municipal absentee ballots 
as is imposed on state absentee ballots for municipal and state elections that are held on 
the same day to facilitate the mailing of absentee ballots.
An Act To Require a Mandatory Assessment by a Physician prior to Psychotropic or Electroconvulsive Therapy
Maine Legislature, Session 126, LD 1214
Committee: Health and Human Services
Sponsors: SIROCKI
Amends: 22 MRSA §1711-G

Legislative Document 
No. 1214 
H.P. 859 
House of Representatives, March 26, 2013 
An Act To Require a Mandatory Assessment by a Physician prior to 
Psychotropic or Electroconvulsive Therapy 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative SIROCKI of Scarborough. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §1711-G is enacted to read: 
§1711-G.  Physical examination prior to psychotropic drugs or electroconvulsive 
therapy 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Hospital" means any facility licensed pursuant to sections 1811 and 1817. 
B.  "Physician" means an individual licensed to practice medicine as provided in Title 
32, chapter 36 or Title 32, chapter 48, subchapter 2. 
C.  "Psychotic condition" means any disease, illness or condition commonly referred 
to by the medical profession according to ordinary standards of current medical 
practice as any disorder characterized by psychotic tendencies or bipolar disorder 
behavior or schizophrenia or other similar condition that, without the administration 
of appropriate medical treatment, including the use of psychotropic drugs, would 
constitute a danger to the patient or to others and would result in a patient's being 
gravely disabled. 
2.  Physical examination.  A physician who may not be the prescribing physician 
shall conduct a physical examination of a person in a hospital with a psychotic condition 
prior to the administration of psychotropic drugs or electroconvulsive therapy. 
SUMMARY 
This bill requires a physical examination by a physician prior to the administration of 
psychotropic drugs or electroconvulsive therapy to a person in a hospital with a psychotic 
condition.
An Act To Protect Public Health by Regulating Excessive Wood Smoke as a Nuisance
Maine Legislature, Session 126, LD 1215
Committee: Environment and Natural Resources
Sponsors: SANBORN, LACHOWICZ, KESCHL
Amends: 22 MRSA §1562-A

Legislative Document 
No. 1215 
H.P. 860 
House of Representatives, March 26, 2013 
An Act To Protect Public Health by Regulating Excessive Wood 
Smoke as a Nuisance 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative SANBORN of Gorham. 
Cosponsored by Senator LACHOWICZ of Kennebec and 
Representative: KESCHL of Belgrade. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §1562-A is enacted to read: 
§1562-A.  Emission from outdoor wood-burning device 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Densely populated area" means an area with a greater than average number of 
people for that area. 
B.  "Nuisance" means the emission of air contaminants to the outdoor atmosphere of 
a quantity, characteristic or duration that may be injurious to human, plant or animal 
life or to property or that unreasonably interferes with the comfortable enjoyment of 
life or property. 
C.  "Opacity" means the degree to which emissions other than water reduce the 
transmission of light and obscure the view of an object in the background. 
2.  Nuisance; fine.  A person who operates in a densely populated area an outdoor 
wood-burning device that produces visible emissions, measured as any opacity, totaling 
minutes in any hour that cross onto land or buildings immediately adjacent to a 
dwelling or commercial building not owned by the owner of the outdoor wood-burning 
device creates a nuisance.  Upon a person's receiving a notice from the local health officer 
that a complaint has been filed against the person, the person shall correct the nuisance.  
If the person fails to correct the nuisance within the time prescribed by the local health 
officer, a fine of not less than $10 nor more than $100 may be adjudged. 
SUMMARY 
This bill makes operating in a densely populated area an outdoor wood-burning 
device that produces visible emissions totaling 12 minutes in any hour that cross onto any 
land or buildings immediately adjacent to a dwelling or commercial building not owned 
by the owner of the outdoor wood-burning device a nuisance.  A fine of not less than $10 
nor more than $100 may be adjudged for creating the nuisance.
An Act To
Maine Legislature, Session 126, LD 1216
Committee Amendment CA_A_H389 (House)
Amends: 1 MRSA §408-A

COMMITTEE AMENDMENT" A" to H.P. 861, L.D. 1216, Bill, "An Act To 
Amend the Freedom of Access Act" 
Amend the bill by striking out all of section I (page 1, lines 2 to 13 in L.D.) and 
inserting the following: 
'Sec. 1. 1 MRSA §408-A, sub-§3, as enacted by PL 2011, c. 662, §5, is amended 
to read: 
3. Acknowledgment; clarification; time estimate; cost estimate. The agency or 
official having custody or control of a public record shall acknowledge receipt of a 
request made according to this section within a reasonable period of time, 5 working days 
of receiving the request and may request clarification concerning which public record or 
public records are being requested. 
+he Within a reasonable time of receiving the 
request, the agency or official shall provide a good faith, nonbinding estimate of the time 
within which the agency or official will comply with the request, as well as a cost 
estimate as provided in subsection 9. The agency or official shall make a good faith 
effort to fully respond to the request within the estimated time.' 
Amend the bill in section 2 in subsection 4 in the 4th line (page 1, line 19 in L.D.) by 
striking out the following: "'-'lorking calendar" and inserting the following: 'working' 
Amend the bill by striking out all of section 3 (page 1, lines 22 to 29 in L.D.) 
Amend the bill by striking out all of section 5 (page 2, lines 1 to lOin L.D.) 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment requires an agency or official to acknowledge a request to inspect or 
copy public records within 5 working days of receiving the request. Within a reasonable 
time of receiving the request, the agency or official must give a good faith, nonbinding 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A" to H.P. 861, L.D. 1216 
estimate of the time to comply with the request and must also provide the cost estimate as 
required in current law. 
This amendment deletes the proposed requirement that the agency or official 
responding to a request explain costs and the statutes requiring redaction. It also deletes 
the changes to attorney's fees. 
. 
FISCAL .'iOTE REQ"ClRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 05/30113 
~aC!. 
LD 1216 
LR 1297(02) 
An Act To Amend the Freedom of Access Act 
Fiscal Note for Bill as Amended by Committee Amendment t(' {H· 3gq) 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Highway Fund 
Minor cost incre,ase - Other Special Revenue Funds 
Any additional costs related to this bill incurred by state agencies receiving Freedom of Access Act requests for public 
records can be absorbed within existing budgeted resources. 
LR1297(02) - Fiscal Note - Page 1 of 1
Maine Legislature, Session 126, LD 1220
Committee: State and Local Government
Sponsors: BOLDUC

Legislative Document 
No. 1220 
H.P. 865 
House of Representatives, March 26, 2013 
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine To Require the President of the Senate and the Speaker of 
the House of Representatives To Be Maine Natives 
Reference to the Committee on State and Local Government suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative BOLDUC of Auburn. 
Constitutional amendment. Resolved:  Two thirds of each branch of the 
Legislature concurring, that the following amendment to the Constitution of Maine be 
proposed: 
Constitution, Art. IV, Pt. First, §4 is amended by adding after the first 
paragraph a new paragraph to read: 
Beginning December 3, 2014, a person may not be Speaker of the House of 
Representatives unless that person was born in this State. 
Constitution, Art. IV, Pt. Second, §6 is amended by adding at the end a new 
paragraph to read: 
Beginning December 3, 2014, a person may not be President of the Senate unless that 
person was born in this State. 
; and be it further 
Constitutional referendum procedure; form of question; effective date. 
Resolved:  That the municipal officers of this State shall notify the inhabitants of their 
respective cities, towns and plantations to meet, in the manner prescribed by law for 
holding a statewide election, at a statewide election held in the month of November 
following the passage of this resolution, to vote upon the ratification of the amendment 
proposed in this resolution by voting upon the following question: 
"Do you favor amending the Constitution of Maine to provide that a 
person may not be President of the Senate or Speaker of the House of 
Representatives unless that person was born in Maine?" 
The legal voters of each city, town and plantation shall vote by ballot on this question 
and designate their choice by a cross or check mark placed within the corresponding 
square below the word "Yes" or "No."  The ballots must be received, sorted, counted and 
declared in open ward, town and plantation meetings and returns made to the Secretary of 
State in the same manner as votes for members of the Legislature.  The Governor shall 
review the returns.  If it appears that a majority of the legal votes are cast in favor of the 
amendment, the Governor shall proclaim that fact without delay and the amendment 
becomes part of the Constitution of Maine on the date of the proclamation; and be it 
further 
Secretary of State shall prepare ballots. Resolved: That the Secretary of State 
shall prepare and furnish to each city, town and plantation all ballots, returns and copies 
of this resolution necessary to carry out the purposes of this referendum. 
SUMMARY 
This resolution proposes to amend the Constitution of Maine to provide that a person 
may not be President of the Senate or Speaker of the House of Representatives unless that 
person was born in Maine.
An Act To Establish a Run-off Process for the Election of the Governor, United States Senator or United States Representative
Maine Legislature, Session 126, LD 1219
Committee: Veterans and Legal Affairs
Sponsors: EVANGELOS, WOODBURY, BOLDUC, BROOKS, CASAVANT, JONES, KAENRATH, KRUGER, LIBBY, PATRICK
Amends: 21-A MRSA §726

Legislative Document 
No. 1219 
H.P. 864 
House of Representatives, March 26, 2013 
An Act To Establish a Run-off Process for the Election of the 
Governor, United States Senator or United States Representative 
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative EVANGELOS of Friendship. 
Cosponsored by Senator WOODBURY of Cumberland and 
Representatives: BOLDUC of Auburn, BROOKS of Winterport, CASAVANT of Biddeford, 
JONES of Freedom, KAENRATH of South Portland, KRUGER of Thomaston, LIBBY of 
Lewiston, Senator: PATRICK of Oxford. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  21-A MRSA §726 is enacted to read: 
§726.  Run-off election; Governor; United States Senator; United States 
Representative 
The candidate for Governor, United States Senator or United States Representative 
who receives more than 50% of all the votes cast for the office is elected Governor, 
United States Senator or United States Representative.  If no candidate receives more 
than 50% of all the votes cast, a 2nd election must be held within 2 weeks after the first 
election.  In the 2nd election, the names of the 2 candidates who received the most votes 
must be placed on the ballot.  The candidate who receives more than 50% of all the votes 
cast at the 2nd election is elected.  The 2nd election must be called and held in the same 
manner and under the same rules as the first election. 
SUMMARY 
This bill requires that a successful candidate for Governor, United States Senator or 
United States Representative receive more than 50% of the votes cast for the office.  
Currently, the candidate who receives the largest number of votes is declared the winner, 
regardless of that number's percentage of the total number of votes cast for the office.  
The bill requires a run-off election between the 2 candidates who received the largest 
number of votes when no candidate received more than 50% of the total number of votes 
cast in an election.  The person who receives the larger number of votes in the run-off 
election is declared the winner.
An Act To Amend the Law Regarding Affordable Housing Tax Increment Financing
Maine Legislature, Session 126, LD 1218
Committee: Taxation
Sponsors: MOONEN, HASKELL
Amends: 30-A MRSA §5249

Legislative Document 
No. 1218 
H.P. 863 
House of Representatives, March 26, 2013 
An Act To Amend the Law Regarding Affordable Housing Tax 
Increment Financing 
Reference to the Committee on Taxation suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative MOONEN of Portland. 
Cosponsored by Senator: HASKELL of Cumberland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  30-A MRSA §5249, sub-§1, ¶A, as enacted by PL 2003, c. 426, §1, is 
amended to read: 
A.  Costs of improvements made within the affordable housing development district, 
including, but not limited to: 
(1)  Capital costs, including, but not limited to: 
(a)  The acquisition of land or construction of public infrastructure 
improvements for affordable housing development; 
(b)  The demolition, alteration, remodeling, repair or reconstruction of 
existing buildings, structures and fixtures; 
(c)  Site preparation and finishing work; and 
(d)  All fees and expenses that are eligible to be included in the capital cost of 
such improvements, including, but not limited to, licensing and permitting 
expenses and planning, engineering, architectural, testing, legal and 
accounting expenses; 
(2)  Financing costs, including, but not limited to, closing costs, issuance costs 
and interest paid to holders of evidences of indebtedness issued to pay for project 
costs and any premium paid over the principal amount of that indebtedness 
because of the redemption of the obligations before maturity; 
(3)  Real property assembly costs; 
(4)  Professional service costs, including, but not limited to, licensing, 
architectural, planning, engineering and legal expenses; 
(5)  Administrative costs, including, but not limited to, reasonable charges for the 
time spent by municipal employees in connection with the implementation of an 
affordable housing development program; 
(6)  Relocation costs, including, but not limited to, relocation payments made 
following condemnation; 
(7)  Organizational costs relating to the establishment of the affordable housing 
district, including, but not limited to, the costs of conducting environmental 
impact and other studies and the costs of informing the public about the creation 
of affordable housing development districts and the implementation of project 
plans; 
(8)  Costs of facilities used predominantly for recreational purposes, including, 
but not limited to, recreation centers, athletic fields and swimming pools; and 
(9)  Costs for child care, including finance costs and construction, staffing, 
training, certification and accreditation costs related to child care located in the 
affordable housing development district; and 
(10)  Costs of case management and support services; and 
SUMMARY 
This bill includes the costs of case management and support services in the 
authorized project costs allowable for financing under an affordable housing tax 
increment financing program.
Resolve, To Create a Task Force on Maine's Ethics and Transparency Laws
Maine Legislature, Session 126, LD 1222
Committee Amendment CA_A_S97 (Senate)

LD 1222 
LR 1951(02) 
Resolve, To Create a Task Force on Maine's Ethics and Transparency Laws 
Fiscal Note for Bill as Amended by Committee Amendment ~' (~ • 'It ) 
Committee: Veterans and Legal Affairs 
/ 
Fiscal Note Required: Yes 
Fiscal Note 
Legislative Cost/Study 
Legislative Cost/Study 
The general operating expenses of this task force are projected to be $6,000 in fiscal year 2013-14. The Legislature's 
proposed budget includes $10,000 in fiscal year 2013-14 and $10,000 in fiscal year 2014-15 for legislative studies. 
Whether the amounts are sufficient to fund all studies will depend on the number of studies authorized by the 
Legislative Council and the Legislature. The additional costs to provide staff assistance to the task force can be 
absorbed by the Legislature utilizing existing budgeted resources. 
Fiscal Detail and Notes 
Additional costs to the Department of the Attorney General and the Commission on Governmental Ethics and Election 
Practices associated with providing input and information to the task force can be absorbed within existing budgeted 
resources. 
LRI951(02) - Fiscal Note - Page 1 of 1
An Act Regarding Advertising of Maine Shellfish
Maine Legislature, Session 126, LD 1224
Committee: Marine Resources
Sponsors: GERZOFSKY, GIDEON, BURNS, GOODALL, HASKELL, JOHNSON, LONG, SAXTON, TYLER

Legislative Document 
No. 1224 
S.P. 422 
In Senate, March 26, 2013 
An Act Regarding Advertising of Maine Shellfish 
Reference to the Committee on Marine Resources suggested and ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator GERZOFSKY of Cumberland. 
Cosponsored by Representative GIDEON of Freeport and 
Senators: BURNS of Washington, GOODALL of Sagadahoc, HASKELL of Cumberland, 
JOHNSON of Lincoln, Representatives: LONG of Sherman, SAXTON of Harpswell, TYLER 
of Windham. 
Be it enacted by the People of the State of Maine as follows: 
CONCEPT DRAFT 
SUMMARY 
This bill is a concept draft pursuant to Joint Rule 208. 
The purpose of this bill is to ensure that, in any advertisement for the sale of clams, 
wild clams that are fresh out of the flats and clams that have gone through the depuration 
process are differentiated.
An Act To Establish Municipal Cost Components for Unorganized Territory Services To Be Rendered in Fiscal Year 2013-14
Maine Legislature, Session 126, LD 1228
Committee Amendment CA_A_H167 (House)

COMMITTEE AMENDMENT ,A " 
to H.P. 867, L.D. 1228, Bill, "An Act To 
Establish Municipal Cost Components for Unorganized Territory Services To Be 
Rendered in Fiscal Year 2013-14" 
Amend the bill by incorporating the attached fiscal note. 
SUMMARY 
This amendment incorporates a fiscal note. 
COMMITTEE AMENDMENT 
Approved: 05111/13 .m-a-c:. 
LD 1228 
LR 2044(02) 
An Act To Establish Municipal Cost Components for Unorganized Territory Services To Be Rendered 
in Fiscal Year 2013-14 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment 'A (H -l (0 1) 
Committee: Taxation 
Fiscal Note Required: Yes 
Fiscal Note 
No net fiscal impact 
The amounts in the bill for the State costs included in the municipal cost components are based on budgeted 
expenditures for fiscal year 20l3-14. These costs are incorporated into the tax assessment for the unorganized 
territory, which is collected as dedicated revenue to the Unorganized Territory Education and Services Fund. 
Transfers are then made to the other dedicated accounts for certain expenditures related to the Unorganized Territory 
and to the General Fund to reimburse for actual General Fund expenditures included in the municipal cost 
components. This bill will not affect budgeted General Fund revenue or appropriations. 
LR2044(02) - Fiscal Note - Page 1 of 1