An Act To Correct Errors and Inconsistencies in the Laws of Maine
Maine Legislature, Session 127, LD 1643
Committee Amendment CA_A_H672 (House)
Amends: 12 MRSA §11108, 36 MRSA §5125, 5 MRSA §13070-J, 30-A MRSA §4741, 36 MRSA §5122, 22 MRSA §1714-E, 35-A MRSA §4392, 8 MRSA §1017, 12 MRSA §11109, 22 MRSA §1812-J, 22 MRSA §2501, 22 MRSA §5114, 22 MRSA §5115, 22 MRSA §5116, 22 MRSA §5118, 28-A MRSA §10

MAINE STATE LEGISLATURE 
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Date: '-f /rJJ/tp 
JUDICIARY 
L.D. 1643 
(Filing No. H-/plJ..) 
Reproduced and distributed under the direction of the Clerk of the House. 
127THLEGISLATURE 
COMMITTEE AMENDMENT "! " to H.P. 1118, L.D. 1643, Bill, "An Act To 
Correct Errors and Inconsistencies in the Laws of Maine" 
Amend the bill by inserting after the enacting clause and before section 1 the 
following: 
'PART A' 
Amend the bill by striking out all of section 6 (page 2, lines 20 to 32 in L.D.) and 
inserting the following: 
'Sec. 6. 12 MRSA §11108, sub-§1, as amended by PL 2015, c. 281, Pt. E, §3 and 
c. 301, §11, is repealed and the following enacted in its place: 
1. On certain land. Notwithstanding section 11109, subsection 1 as it applies to this 
subchapter, and subject to all other applicable laws and rules, a resident and a member of 
the resident's immediate family, as long as the hunter's license to hunt is not under 
suspension or revocation, may hunt without a license, including, but not limited to, an 
archery hunting license, a crossbow permit and a muzzle-loading permit, on a single plot 
of land: 
A. To which they are legally entitled to possession; 
B. On which they are actually domiciled; 
C. That is used exclusively for agricultural purposes; and 
D. That is in excess of 10 acres.' 
Amend the bill in section 9 in subsection 8 in the first paragraph in the last line (page 
3, line 21 in L.D.) by striking out the following: "those data are" and inserting the 
following: 'datR are' 
Amend the bill in section 25 in subsection 4 in the 2nd line (page 7, line 22 in L.D.) 
by striking out the following: "must" and inserting the following: 'shall' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1118, L.D. 1643 
Amend the bill by striking out all of section 31 (page 8, line 36 and page 9, lines 1 to 
in L.D.) 
Amend the bill in section 40 in paragraph B by striking out all of subparagraphs ( 1) 
and (2) (page 11, lines 1 to 6 in L.D.) and inserting the following: 
'(1) Target at least 10% of funds for electricity conservation collected under 
former subsection 4 or subsection 4-A or $2,600,000, whichever is greater, to 
programs for low-income residential consumers, as defined by the board by rule; 
(2) Target at least 10% of funds for electricity conservation collected under 
former subsection 4 or subsection 4-A or $2,600,000, whichever is greater, to 
programs for small business consumers, as defined by the board by rule; and' 
Amend the bill by striking out all of section 47 (page 12, lines 34 to 37 in L.D) and 
inserting the following: 
'Sec. 47. 36 MRSA §5125, sub-§3, ~' as amended by PL 2015, c. 267, Pt. DD, 
§ 16 and c. 340, § 1, is repealed and the following enacted in its place: 
D. 
Reduced by any amount attributable to interest or expenses incurred in the 
production of income exempt from tax under this Part; and' 
Amend the bill by striking out all of section 51 (page 13, lines 37 to 42 in L.D.) 
Amend the bill by inserting after section 52 the following: 
'PARTB 
Sec. B-1. 5 MRSA §13070-J, sub-§1, ,J"E, as enacted by PL 1999, c. 768, §1, is 
amended to read: 
E. "Economic development proposal" means proposed legislation that establishes a 
new program or that expands an existing program that: 
(1) Is intended to encourage significant business expansion or retention in the 
State; and 
(2) Contains a tax expenditure, as defined in section -l-ee4 1666, or a budget 
expenditure with a cost that is estimated to exceed $100,000 per year. 
Sec. B-2. 30-A MRSA §4741, sub-§17, as amended by PL 1993, c. 175, §7, is 
further amended to read: 
17. Comprehensive housing affordability strategy coordinator. The Maine State 
Housing Authority is designated the comprehensive housing affordability strategy 
coordinator for the State and has the power to prepare and submit on behalf of the State 
the annual comprehensive housing affordability strategy called for in the Cranston-
Gonzalez National Affordable Housing Act, Public Law 101-625 (1990) and to undertake 
all monitoring and certification procedures required under that law. The Maine State 
Housing Authority shall represent the State in carrying out the HOME Investment 
Partnerships Program created by the Cranston-Gonzalez National Affordable Housing 
Act; at*1 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1118, L.D. 1643 
Sec. B-3. 30-A MRSA §4741, sub-§18, as amended by PL 2007, c. 562, §6, is 
further amended to read: 
18. State designee for homeless programs. The Maine State Housing Authority is 
designated the coordinating agency for the State for programs dealing with homeless 
persons and may apply for, receive, distribute and administer federal, state and other 
funds on behalf of the State for homeless programs including, without limitation, the 
Emergency Community Services Homeless Grant Program and the programs authorized 
pursuant to the federal Stewart B. McKinney Homeless Assistance Act, Public Law 100-
77, (1987), as amended~; and 
Sec. B-4. 30-A MRSA §4741, sub-§19 is enacted to read: 
19. State designee for National Housing Trust Fund. The Maine State Housing 
Authority is designated as the entity to receive and allocate funds from the National 
Housing Trust Fund established by the federal Housing and Economic Recovery Act of 
2008. 
Sec. B-5. 36 MRSA §5122, sub-§1, ,JJ, as amended by PL 2015, c. 388, Pt. A, 
§4, is amended to read: 
J J. For tax years beginning on or after January 1, 2016, an amount equal to the 
taxpayer base multiplied by the following fraction: 
(1) 
For single individuals and married persons filing separate returns, the 
numerator is the taxpayer's Maine adjusted gross income less $70,000, except 
that the numerator may not be less than zero, and the denominator is $75,000. In 
no case may the fraction contained in this subparagraph produce a result that is 
more than one. The $70,000 amount used to calculate the numerator in this 
subparagraph must be adjusted for inflation in accordance with section 5403, 
subsection J 1,; 
(2) For individuals filing as heads of households, the numerator is the taxpayer's 
Maine adjusted gross income less $105,000, except that the numerator may not 
be less than zero, and the denominator is $112,500. In no case may the fraction 
contained in this subparagraph produce a result that is more than one. 
The 
$105,000 amount used to calculate the numerator in this subparagraph must be 
adjusted for inflation in accordance with section 5403, subsection J 1,; or 
(3) 
For individuals filing married joint returns or surviving spouses, the 
numerator is the taxpayer's Maine adjusted gross income less $140,000, except 
that the numerator may not be less than zero, and the denominator is $150,000. 
In no case may the fraction contained in this subparagraph produce a result that is 
more than one. The $140,000 amount used to calculate the numerator in this 
subparagraph must be adjusted for inflation in accordance with section 5403, 
8 
subsection J 1,. 
For purposes of this paragraph, "taxpayer base" means either the taxpayer's 
applicable standard deduction amount for the taxable year determined under section 
5124-B or, if itemized deductions are claimed, the taxpayer's itemized deductions 
claimed for the taxable year determined under section 5125; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. ,4" to H.P. 1118, L.D. 1643 
Sec. B-6. P&SL 2013, c. 23, as corrected by RR 2013, c. 2, §55, is repealed. 
PARTC 
Sec. C-1. 22 MRSA §1714-E, sub-§7, as amended by PL 2015, c. 329, Pt. A, §5, 
is further amended to read: 
7. Repeal. This section is repealed if Section 6402(h)(2) of the federal Patient 
Protection and Affordable Care Act, Public Law 111-148 and 42 Code of Federal 
Regulations, Part 455 are invalidated by the United States Supreme Court. 
The 
department shall notify the Secretary of State. the Secretary of the Senate, the Clerk of 
the House of Representatives and the Revisor of Statutes if the section of law and the 
regulation are invalidated. 
Sec. C-2. 35-A MRSA §4392, sub-§6, as corrected by RR 2009, c. 2, §104, is 
amended to read: 
6. Contingent repeal. After payment of all fees in accordance with subsection 5, 
the trustee shall report to the commission and, upon certification by the commission, the 
fund shall must be dissolved expeditiously and this subchapter is repealed. 
The 
commission shall notify the Secretary of State, the Secretary of the Senate, the Clerk of 
the House of Representatives and the Revisor of Statutes when the fund is dissolved. 
Sec. C-3. PL 1987, c. 566, §2 is amended to read: 
Sec. 2. Effective date. This Act shall take effect when New Hampshire and 
Vermont have enacted concurrent legislation which limits the numbers in the TriState 
Tri-State Lotto game to no more than 36. When the contingency under this section is 
met, the State Liquor and Lottery Commission shall notify the Secretary of State, the 
Secretary of the Senate, the Clerk of the House of Representatives and the Revisor of 
Statutes that it has been met. 
Sec. C-4. PL 1995, c. 652, §4 is amended by adding at the end a new paragraph to 
read: 
The Attorney General shall notify the Secretary of State, the Secretary of the Senate, 
the Clerk of the House of Representatives and the Revisor of Statutes when any of the 4 
listed conditions has occurred. 
Sec. C-5. PL 2003, c. 673, Pt. HH, §6 is amended by adding at the end a new 
paragraph to read: 
The Department of Health and Human Services shall notify the joint standing 
committee of the Legislature having jurisdiction over health and human services matters, 
the Secretary of State, the Secretary of the Senate, the Clerk of the House of 
Representatives and the Revisor of Statutes if the notification from the United States 
Department of Health and Human Services under this section is received. 
Sec. C-6. PL 2003, c. 673, Pt. HH, §7 is amended to read: 
Sec. HH-7. 
Contingency for continued federal approval of hospital 
payment. Notwithstanding any other provision oflaw, the tax imposed under the Maine 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1118, L.D. 1643 
Revised Statutes, Title 36, section 2892 must be terminated within 30 days of notification 
by the United States Department of Health and Human Services that all or a part of the 
hospital payment modifications funded under section 8 of this Part are disapproved 
hospital reimbursements under the State's Medicaid program. The Department of Health 
and Human Services shall notify the joint standing committee of the Legislature having 
jurisdiction over health and human services matters, the Secretary of State, the Secretary 
of the Senate, the Clerk of the House of Representatives and the Revisor of Statutes if the 
notification is received. 
Sec. C-7. PL 2015, c. 38, §3 is amended to read: 
Sec. 3. Contingent effective date. This Act takes effect only upon the receipt by 
the Finance Authority of Maine Loan Insurance Reserve Fund of an appropriation, 
allocation or other funding source in the amount of at least $37,000,000. When the 
contingency under this section is met, the Finance Authority of Maine shall notify the 
Secretary of State, the Secretary of the Senate, the Clerk of the House of Representatives 
and the Revisor of Statutes that it has been met. 
Sec. C-8. PL 2015, c. 224, §2 is amended to read: 
Sec. 2. Contingent effective date. This Act takes effect only upon the receipt by 
the Economic Recovery Program Fund of an appropriation, an allocation or funds from 
another funding source in the amount of at least $13,000,000. When the contingency 
under this section is met, the Finance Authority of Maine shall notify the Secretary of 
State, the Secretary of the Senate, the Clerk of the House of Representatives and the 
Revisor of Statutes that it has been met. 
PARTD 
Sec. D-1. 8 MRSA §1017, sub-§1, as amended by PL 2013, c. 212, §22, is 
further amended to read: 
1. Form. An application for a license required under this chapter must be on the 
form provided by the board. The application must contain, but is not limited to, the 
following information regarding the individual applicant and each key employee 
executive, officer, director, partner, shareholder, creditor, associate or owner of any legal 
or beneficial interest in a person applying for a license: 
A. Full name; 
B. Full current address and addresses for the prior 15 years; 
C. A record of previous issuances and denials of or any adverse action taken against 
a gambling-related license or application under this chapter or in any other 
jurisdiction. For purposes of this paragraph, "adverse action" includes, but is not 
limited to, a condition resulting from an administrative, civil or criminal violation, a 
7 
suspension or revocation of a license or a voluntary surrender of a license to avoid or 
resolve a civil, criminal or disciplinary action; 
D. All information the board determines is necessary or appropriate to determine 
whether the applicant satisfies the qualifications specified in section 1016, 
subsections 1 and 1-A; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 1118, L.D. 1643 
E. Any information the board by rule considers necessary. 
Sec. D-2. 12 MRSA §11109, sub-§3, as amended by PL 2015, c. 127, §§1 and 2 
and affected by §6 and amended by c. 245, §2, c. 281, Pt. E, §4 and c. 301, §13, is 
repealed and the following enacted in its place: 
3. Hunting licenses; combination licenses; fees. Hunting licenses, combination 
licenses and fees are as follows. 
A. A resident junior hunting license, for a person under 16 years of age, is $8 and 
permits hunting of all legal species, subject to the permit requirements in subchapter 
3. Notwithstanding the permit fees established in subchapter 3, a resident junior 
hunting license includes all permits, stamps and other permissions needed to hunt at 
no additional cost. A license holder under this paragraph who qualifies to hunt 
during the special season on deer under section 11153 and who meets the eligibility 
requirements of section 11106 must be issued one antlerless deer permit and one 
either-sex permit. A resident junior hunting license does not exempt the holder of the 
license from lottery-related application requirements under this Part. 
B. A resident hunting license, for a person 16 years of age or older, is $26 and 
permits hunting of all legal species, subject to the permit requirements in subchapter 
~ 
C. A resident small game hunting license, for a person 16 years of age or older, 
which permits hunting for all legal species except deer, bear, moose, raccoon and 
bobcat, is $15. 
D. A resident combination hunting and fishing license is $43 and permits hunting of 
all legal species, subject to the permit requirements in subchapter 3. 
E. A resident combination archery hunting and fishing license is $43 and permits 
hunting of all legal species, subject to the permit requirements in subchapter 3. 
E-1. A resident apprenticeship hunter license, which includes a bear hunting permit 
and a wild turkey hunting permit under sections 11151 and 11155, respectively, is 
$26 and permits hunting of all legal species, subject to the permit requirements in 
subchapter 3. 
F. A nonresident junior hunting license, for a person under 16 years of age, is $35 
and permits hunting of all legal species, subject to the permit requirements in 
subchapter 3. 
Notwithstanding the permit fees established in subchapter 3, a 
nonresident junior hunting license includes all permits, stamps and other permissions 
needed to hunt at no additional cost. A license holder under this paragraph who 
qualifies to hunt during the special season on deer under section 11153 and who 
meets the eligibility requirements of section 11106 must be issued one antlerless deer 
permit and one either-sex permit. A nonresident junior hunting license does not 
exempt the holder of the license from lottery-related application requirements under 
this Part. 
G. A nonresident small game hunting license, which permits hunting of all legal 
species except deer, bear, moose, raccoon and bobcat, is $75. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"A" to H.P. 1118, L.D. 1643 
H. A nonresident 3-day small game hunting license, valid for 3 consecutive hunting 
days, which permits hunting of all legal species except deer, bear, moose, raccoon 
and bobcat for the 72-hour period specified on the license, is $50. 
I. A nonresident hunting license, which permits hunting of all legal species subject to 
the permit requirements in subchapter 3, is $115. 
J. A nonresident combination hunting and fishing license is $150. 
K. An alien small game hunting license, which permits hunting of all species except 
deer, bear, moose, raccoon and bobcat, is $80. 
L. An alien hunting license, which permits hunting of all legal species subject to the 
permit requirements in subchapter 3, is $140. 
M. An alien combination hunting and fishing license is $191. 
0. A nonresident small game apprenticeship hunter license, which permits the 
hunting of all legal species except deer, bear, moose, raccoon and bobcat, is $75. 
P. A nonresident apprenticeship hunter license, which permits the hunting of all legal 
species and includes a bear hunting permit and a wild turkey hunting permit under 
sections 11151 and 11155, respectively, is $115. 
Sec. D-3. 22 MRSA §1812-J, sub-§7, as repealed and replaced by PL 2015, c. 
299, § 17, is amended to read: 
7. Prohibited employment based on disqualifying offenses. An employer who 
employs an unlicensed assistive person to provide direct access services shall conduct a 
comprehensive background check in accordance with state law and rules adopted by the 
department and is subject to the employment restrictions set out in section 1812-G and 
other applicable federal and state laws. 
The employer is subject to penalties for 
employing a disqualified or otherwise ineligible person in accordance with applicable 
federal or state laws. 
An em.ploy-mest bas bases OB a eisqttalifyisg offesse is a lifetime em.ploymeBt bas 
Sec. D-4. 22 MRSA §2501, first~' as amended by PL 2013, c. 264, §7, is further 
amended to read: 
Private homes are not deemed or considered lodging places and subject to a license 
when not more than 5 rooms are let; such private homes must post in a visible location in 
each rented room a card with the following statement in text that is easily readable in no 
less than 18-point boldface type of uniform font "This lodging place is not regulated by 
the State of Maine Department of Health and Human Services, Maine Center for Disease 
Control and Prevention." The homes must provide guests upon check-in with a notice 
containing the same information. A license is not required from vacation rentals, ;<0ffift 
6affif*r, dormitories of charitable, educational or philanthropic institutions or fraternity 
and sorority houses affiliated with educational institutions, or fFem. private homes used in 
emergencies for the accommodation of persons attending conventions, fairs or similar 
public gatherings, nor from temporary eating establishments and temporary lodging 
places for the same, nor from railroad dining or buffet cars, nor from construction camps, 
nor from boarding houses and camps conducted in connection with wood cutting and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 1118, L.D. 1643 
logging operations, nor from any boarding care facilities or children's homes that are 
licensed under section 7801. 
Sec. D-5. 22 MRSA §5114, sub-§2, as amended by PL 2015, c. 332, §§1 and 2, 
is further amended to read: 
2. Social services. "Social services" means any of the following services whieh that 
meet such standards as the direetor commissioner may prescribe: 
A. Health services, including health aides, home care, homemakers, home repair and 
chore service and community care including counseling, information and referral 
services, continuing education, recreation and volunteer services; 
B. Transportation, where when necessary to facilitate access to social services, with 
priority given to health services including hospitals, physician care, bona fide clinics, 
prescription drugs and other essential medications, meals programs and food 
distribution centers; and with priority given to income producing and supplement 
programs including social security, supplemental security and tax refunds; 
C. 
Meals programs, w-hieh that provide at least one hot meal per day and any 
additional meals, hot or cold, Wftieh that the recipient of a grant or contract may elect 
to provide, each of which assures a minimum of 1/3 of the daily recommended 
dietary allowances as established by the Food and Nutrition Board of the National 
Academy of Science -- National Research Council, and whieh provides that provide 
such meals programs for individuals aged 60 and over and their spouses at sites close 
to the individual's residence; and where appropriate to furnish transportation to such 
site or home-delivered meals to homebound older people; and to administer such 
meals programs in accordance with the appropriate and pertinent portions of the 
"nutrition and other program requirements" of the National Nutrition Program for the 
Elderly; 
D. Services designed to encourage and assist older persons to use facilities and 
services available to them; 
E. Services designed to assist older persons to obtain adequate housing; 
F. Services designed to assist older persons in avoiding institutionalization, including 
evaluation and screening and home health services; 
G. Any other services necessary for the general well-being of older persons; or 
H. 
Services designed to assist older persons with maintaining their financial 
independence and avoiding financial exploitation, including personal financial 
management assistance. 
Sec. D-6. 22 MRSA §5115, 3rd and 4th,,, as enacted by PL 1973, c. 630, §1, 
6 
are amended to read: 
7 
The number of persons aged 60 or over in the geographical boundaries of the area 
served by any area agency and in the entire State shall must be determined by the direeter 
commissioner on the basis of the most recent and satisfactory data available to him the 
commissioner. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"A" to H.P. 1118, L.D. 1643 
Whenever the direetor commissioner determines that any amount allotted to an area 
agency for a fiscal year under this section will not be used by such agency for carrying 
out the purpose for which the allotment was made, he the commissioner shall make such 
amount available for carrying out such purpose to one or more other area agencies to the 
extent he the commissioner determines such other area agencies will be able to use such 
additional amount for carrying out such purpose. Any amount made available to an area 
agency from an appropriation for a fiscal year pursuant to the preceding sentence shall 
must, for purposes of this section, be regarded as part of such agency's allotment, as 
determined under the preceding provisions of this section for such year. 
Sec. D-7. 22 MRSA §5116, sub-§1, ,r~ and C, as enacted by PL 1973, c. 630, 
§ 1, are amended to read: 
B. The State state agency shall must, in accordance with regulations of the direetor 
commissioner, designate an area agency as the sole area agency to: 
( 1) 
Develop the area plan to be submitted to the direetor commissioner for 
approval under section 5118; 
(2) Administer the area plan within such area; 
(3) Be primarily responsible for the coordination of all area activities related to 
the purposes of this Act; and 
( 4) Review and comment on, under its own initiative or at the request of any 
state or federal department or agency, any application from any agency or 
organization within such area to such state or federal department or agency for 
assistance related to meeting the needs of older persons; and 
( 5) Develop and provide, or assure the provision of, coordinated community 
programs for the delivery of social services; and 
C. The area agency designated pursuant to paragraph B shall: 
(1) Determine which portions of its area will be included in the area plan to be 
developed in accordance with section 5118; and 
(2) Provide assurances satisfactory to the direetor commissioner that the area 
agency will take into account, in connection with matters of general policy 
arising in the development and administration of the area plan for any fiscal year, 
the recommendations of older people in need of or served by social services 
provided under such plan. 
Sec. D-8. 22 MRSA §5118, as amended by PL 2003, c. 510, Pt. B, §8, is further 
amended to read: 
§5118. Area plans 
1. Plans. In order to be approved by the state agency, an area plan shall must be 
developed by the area agency designated with respect to such area under section 5116, 
subsection 1, paragraph Band shall must: 
COMMITTEE AMENDMENT 
.,E, -~· 
'\\(,:,i: ·;: 
COMMITTEE AMENDMENT "A" to H.P. 1118, L.D. 1643 
A. 
Provide for the establishment of a coordinated community program for the 
delivery of social services within the area covered by the plan, including determining 
the need for social services in such area, taking into consideration, among other 
things, the number of older persons with low incomes residing in such area, the 
extent to which existing public or private programs meet such need, evaluating the 
effectiveness of the use of resources in meeting such need, and entering into 
agreements with providers of social services in such area, for the provision of such 
services to meet such need; 
B. In accordance with criteria established by the direetor commissioner by regulation 
relating to priorities, provide for the initiation, expansion or improvement of social 
services in the area covered by the area plan; 
C. Provide for the establishment and maintenance of information and referral sources 
in sufficient numbers to assure that all older persons within the planning and service 
area covered by the plan will have reasonably convenient access to such sources. For 
purposes of this paragraph, an information and referral source is a location where a 
public or private agency or organization: 
(1) Maintains current information with respect to the opportunities and services 
available to older persons, and develops ,current lists of older persons in need of 
services and opportunities; and 
(2) Employs a specially trained staff to inform older persons of the opportunities 
and services whieh that are available, and assists these persons to take advantage 
of these opportunities and services; 
D. Provide that the area agency will: 
(1) Conduct periodic evaluations of activities carried out pursuant to the area 
plan; 
(2) Render appropriate technical assistance to providers of social services in the 
planning and service area covered by the area plan; 
(3) Where When necessary and feasible, enter into arrangements, consistent with 
the area plan, under which funds under this Title may be used to provide legal 
services to older persons in the area carried out through federally assisted 
programs or other public or nonprofit agencies; 
(4) Take into account, in connection with matters of general policy arising in the 
development and administration of the area plan, the recommendations of older 
people in need of or served by social services provided under such plan; 
(5) Where When possible, enter into arrangements with organizations providing 
children services so as to provide opportunities for older persons to aid or assist, 
on a voluntary basis, in the delivery of such services to children; and 
( 6) Establish an advisory council, which may be the board of directors or a 
subcommittee thereof, of the area agency consisting of at least 65% older people 
representatives of the target population and the general public, to advise the area 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1118, L.D. 1643 
agency on all matters relating to the administration of the plan and operations 
conducted thereunder. 
E. Provide for the use of such methods of administration as are necessary for the 
proper and efficient administration of the plan; 
F. Provide that the area agency will make such reports, in such form and containing 
such information as the direeter commissioner may from time to time require, and 
comply with such requirements as the direeter commissioner may impose to assure 
the correctness of these reports; 
G. 
Establish objectives consistent with the purposes of this Title, toward which 
activities under the plan will be directed, identify obstacles to the attainment of those 
objectives and indicate how it proposes to overcome those obstacles; 
H. Provide that no social service will be directly provided by the state agency or an 
area agency, except where when, in the judgment of the state agency, provision of 
that service by the state agency or an area agency is necessary to assure an adequate 
supply of that service; and 
I. Provide that preference shall must be given to persons aged 60 or over for any staff 
positions, foll time full-time or part-time, in area agencies for which these persons 
qualify. 
2. Approval of area plan. The direeter commissioner shall approve any area plan 
whieh he that the commissioner finds fulfills the requirements of subsection 1, paragraphs 
A to I. 
3. Notice and opportunity for hearing. The direeter shall commissioner may not 
make a final determination disapproving any area plan, or any modification thereof, or 
make a final determination that an area agency is ineligible under section 5116, without 
first affording the area agency reasonable notice and opportunity for a hearing. 
4. Findings. Whenever the director, after reasonable notice and opportunity for 
hearing to the area agency, finds that: 
A. The area agency is not eligible under section 5116; 
B. The area plan has been so changed that it no longer complies with subsection 1, 
paragraphs A to I; or 
C. In the administration of the plan, there is a failure to comply substantially with 
any provision of subsection 1, paragraphs A to I, the direeter commissioner shall 
notify the area agency that no further payments from its allotments under section 
5115 and Section 306 of the federal Older Americans Act of 1965, 42 United States 
Code, Section 3026 will be made to the agency or, in the direeter's commissioner's 
discretion, that further payments to the agency will be limited to projects under or 
7 
portions of the area plan not affected by the failure, until the direeter commissioner is 
satisfied that there will no longer be any failure to comply. 
Until the direeter 
commissioner is so satisfied, further payments may not be made to the agency from 
its allotments under section 5115, or payments may be limited to projects under or 
portions of the area plan not affected by the failure. The direeter commissioner shall, 
in accordance with rules adopted by the direeter commissioner, disburse funds so 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 1118, L.D. 1643 
withheld directly to any public or nonprofit private organization or agency of the 
area, submitting an approved plan in accordance with section 5116. Any payment or 
payments must be matched in the proportions specified in section 5116. 
5. Final action; dissatisfaction. An agency ~ 
that is dissatisfied with a final 
action of the direetor under subsection 2, 3 or 4 may appeal to the commissioner by filing 
a petition with the commissioner within 60 days after final action. A eopy of the petitioB 
shall be forthwith traBsmitted by the eoR'l1FlissioBer to the direetor. The c:lireetor therettpoB 
shall file with the eommissioBer the reeorc:l of the proeeediBgs OB whieh he based his 
aetioB. UpoB the filiBg of the petitioB, the eommissioaer shall have jt1risc:lietioB to affirm 
the aetioB of the direetor or to set it asic:le, iB whole or ia part, temporarily or permaaeBtly, 
blit \iBtil the filiBg of the reeord the tlireetor may modify or set aside his order. The 
fiBdiBgs of the direetor as to the faets, if sttpported ey st1estaatial evic:leBee, shall ee 
eoBel\isive, et1t the eommissioaer, for gooc:l eat1se shov,a, may remanc:l the ease to the 
direetor to take further evicieBee, aad the direetor may therettpoB make Bew or modifiec:l 
fiBdiags of faet aac:l may modify his previot1s aetioB, aad shall file with the eommissioBer 
the reeord of the farther proeeediBgs. The Bew or modified fiBdiBgs of faet shall likewise 
be eoael\isiye if sttpported ey Slibstaatial evideaee. The judgment of the commissioner 
affirming or setting aside, in whole or in part, any action of the direetor shall ee lli final. 
Sec. D-9. 28-A MRSA §10, sub-§2-B is enacted to read: 
2-B. Access exception. Notwithstanding subsection 2, there may be access between 
the 2 licensed areas by the public as provided by this subsection. 
A. 
There may be access between the 2 licensed areas when there is a clear 
delineation of space, by a wall or permanent barrier that separates the 2 licensed areas 
and allows only one clearly defined and controlled point of access for patrons 
between the licensed establishments. The controlled point of access is not required to 
include a door that must be physically opened and closed. 
B. 
When access between the 2 licensed areas exists for patrons of either 
establishment, all malt liquor and wine sold for on-premises consumption must be 
served by an employee of the licensed establishment and may be served only when 
accompanying a full meal prepared in a separate and complete kitchen on the 
premises. 
For the purposes of this paragraph, "full meal" means a diversified 
selection of food that cannot ordinarily be consumed without the use of tableware and 
cannot be conveniently consumed while standing or walking. 
C. Malt liquor or wine sold or served on the premises may not be transported by a 
patron or employee of either establishment from one licensed area to another. The 
licensee shall ensure that easily readable signs are conspicuously posted to inform the 
7 
public that transfer of alcoholic beverages from one licensed area to another is strictly 
prohibited. 
Sec. D-10. Retroactivity. That section of this Part that enacts the Maine Revised 
Statutes, Title 28-A, section 10, subsection 2-B applies retroactively to September 30, 
2015. 
Sec. D-11. PL 2015, c. 267, Pt. 0000, §7 is amended to read: 
COMMITTEE AMENDMENT 
4',,.;.-$,~ 
COMMITTEE AMENDMENT ·,A "to H.P. 1118, L.D. 1643 
Sec. 0000-7. Application date. This Part applies to sales occurring on or after 
January 1, 2016 except that the section of this Part that amends the Maine Revised 
Statutes, Title 36, section 1811, first paragraph, applies to sales occurring on or after ffi1y; 
.Ji!ly_l, 2015 and the sections that enact Title 36, section 1760, subsections 98 and 99, 
apply to sales occurring on or after October 1, 2015. 
Sec. D-12. Retroactivity. That section of this Part that amends Public Law 2015, 
chapter 267, Part 0000, section 7 applies retroactively to June 30, 2015.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment amends the bill to designate the contents of the bill as Part A. 
This amendment deletes sections 31 and 51 and includes them in Part D with 
retroactive application. 
Section 6 of the bill is amended to correct the history. 
Section 25 of the bill is amended to make the law governing licensed assisted housing 
pro grams consistent with the laws governing disqualifying offenses for direct access 
personnel and direct care workers as provided in Public Law 2015, chapter 299. It makes 
a grammatical change from "must" to "shall" with regard to conducting comprehensive 
background checks. 
Section 40 of the bill is amended to retain cross-references in the Efficiency Maine 
Trust statutes to a repealed subsection, identifying the subsection as "former" to ensure 
that any funds collected under the former law are still available to be used as originally 
proposed. 
Section 47 is amended to correct the history. 
Part B contains additional technical corrections. Part B: 
1. Corrects a cross-reference to the definition of "tax expenditure" for the purposes 
of economic development proposals; 
2. Repeals Private and Special Law 2013, chapter 23 and enacts the Maine Revised 
Statutes, Title 30-A, section 4741, subsection 19 in order to correct the misallocation of 
the Maine State Housing Authority's designation as the entity to administer funds from 
the National Housing Trust Fund by the federal Housing and Economic Recovery Act of 
2008;and 
3. Corrects cross-references to the process for adjusting for inflation in the statute 
concerning modifications in the computation of taxable income of resident individuals. 
Part C amends several laws to provide for notification to the appropriate authorities 
when contingencies occur that affect the effective date or repeal of specific laws. Part C 
7 
amends the laws concerning: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 1118, L.D. 1643 
1. 
MaineCare benefits suspension for fraud, to require a report if the relevant 
provisions of the federal Patient Protection and Affordable Care Act are invalidated by 
the United States Supreme Court; 
2. 
Public Utilities Commission, to require a report when there are no funds 
remaining in the Spent Nuclear Fuel Disposal Trust Fund; 
3. Tri-State Lotto, to require a report if the other Tri-State Lotto states have agreed to 
limit the pool of numbers; 
4. Tri-State Lotto, to require a report if the United States Internal Revenue Service or 
a court has determined that there are disadvantageous tax implications for prize winners 
who do not use the periodic payments as collateral; 
5. 
State tax on net operating revenue of hospitals, to require a report of a 
determination that the tax is not a permissible health care related tax or that all or part of 
the hospital payments made from the tax are disapproved hospital reimbursements under 
the State's Medicaid program; 
6. Finance Authority of Maine, to require a report that the contingency for increased 
loan insurance has been met; and 
7. Finance Authority of Maine, to require a report that the contingency allowing an 
increased Economic Recovery Program loan amount has been met. 
Part D contains changes that are or may be considered substantive. Part D: 
1. Corrects a clerical error that used the term "key employee" when the appropriate 
term is "key executive" with regard to a person applying for a license from the Gambling 
Control Board; 
2. Corrects a conflict created by Public Law 2015, chapters 90, 127, 136, 245, 281 
and 301, which affected the same subsection of law governing hunting licenses, 
combination licenses and fees, by incorporating the changes made by all 6 laws and 
corrects an inconsistency created by Public Law 2015, chapter 127, which removed the 
prohibition against hunting turkey by holders of small game licenses but not against 
holders of nonresident small game apprenticeship hunter licenses and nonresident 3-day 
small game hunting licenses. It also corrects a clerical error; 
3. Corrects an inconsistency concerning the specific laws governing disqualifying 
offenses for an unlicensed assistive person who provides direct access services. The 
Maine Revised Statutes, Title 22, section 1812-J, subsection 7 provides that an 
employment ban based on a disqualifying offense for an unlicensed assistive person to 
provide direct access services is a lifetime ban. Title 22, section 9054 provides a process 
for an unlicensed assistive person who is banned from employment because of a 
disqualifying offense to request a waiver. 
Section 3 of this Part corrects this 
inconsistency by removing the language in Title 22, section 1812-J, subsection 7 that 
states that an employment ban based on a disqualifying offense is a lifetime employment 
ban; 
4. Removes youth camps from a list of facilities exempted from the laws requiring 
licensure because youth camps are required to be licensed as youth camps, although they 
are not required to be licensed as lodging places. It also corrects a clerical error; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A 
"to H.P. 11 I 8, L.D. I 643 
5. Changes the laws of the Department of Health and Human Services regarding 
elder and adult services to remove references to the Director of the Bureau of Elder and 
Adult Services, a defunct position, and replaces them with references to the 
Commissioner of Health and Human Services; 
6. Restores language concerning a Class A restaurant and off-premises retail licensee 
on the same premises that was repealed by its own terms before the enactment of the law 
to eliminate the repeal took effect. Public Law 2015, chapter 162 amended Title 28-A, 
section 10, subsection 2-A to remove language repealing subsection 2-A on September 
30, 2015. Public Law 2015, chapter 162 did not take effect until October 15, 2015, after 
the repeal took effect. Section 9 of Part D enacts Title 28-A, section 10, subsection 2-B 
to reflect the intent of the Legislature to maintain the provisions of Title 28-A, section 10, 
subsection 2-A. This was included as section 31 of the bill. Section 10 of Part D makes 
that enactment apply retroactively to September 30, 2015; and 
8. Corrects clerical errors in Public Law 2015, chapter 267, Part 0000, section 7 
concerning the application date of sales tax exemptions. This was included as section 51 
of the bill. Section 12 of Part D makes the corrections apply retroactively to June 30, 
2015, the effective date of Public Law 2015, chapter 267. 
COMMITTEE AMENDMENT