An Act To Conect Inconsistencies, Conflicts and En-ors in the Laws of Maine
Maine Legislature, Session 130, LD 2034
Committee Amendment CA_A_H1028 (House)
Amends: 12 MRSA §685-C, 9-A MRSA §4, 10 MRSA §1063, 12 MRSA §6024, 25 MRSA §2469

COMMITTEE AMENDMENT "ff" to H.P. 1516, L.D. 2034, "An Act To Conect 
Inconsistencies, Conflicts and En-ors in the Laws of Maine" 
Amend the bill in Part A by striking out all of section 21. 
Amend the bill in Part A by striking out all of section 24 and inserting the following: 
'Sec. A-24. 12 MRSA §685-C, sub-§1, 1A, as amended by PL 2011, c. 682, §21, 
is further amended by amending subparagraph (2) to read: 
(2) Submitting the tentative plan to the State Planning Offiee or its successor, 
pursuant to Department of Agriculture, Conservation and Forestry, Bureau of 
Resource Information and Land Use Planning, as described in Title~ 7-A, section 
™ 206, subsection 1, paragraph G 1, or its successor, which shall forward its 
comments and recommendations, if any, to the commission within 30 days;' 
Amend the bill in Part A by striking out all of sections 30, 31 and 32. 
Amend the bill in Part A in section 51 in paragraph E in the 2nd line (page 16, line 3 6 
in L.D.) by striking out the following: "the sponsoring" and inserting the following: '!!' 
Amend the bill in Part A in section 52 in subsection 5 in paragraph A in the 2nd line 
(page 17, line 4 in L.D.) by striking out the following: "budgets" and inserting the 
following: 'budgets budget' 
Amend the bill by inserting after Part B the following: 
'PARTC 
Sec. C-1. 9-A MRSA §4-402, as enacted by PL 1997, c. 315, §8, is amended to 
read: 
§4-402. Insurance ageney producer activities 
A supervised lender and any affiliate may become licensed under Title 24-A as an 
insurance agent or ageney, broker producer or consultant for the sale of insurance products 
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in this State and may act as an insurance agent, broker producer or consultant for the sale 
of insurance products in this State. 
Sec. C-2. 9-A MRSA §4-403, sub-§1, ~, as enacted by PL 1997, c. 315, §8, is 
amended to read: 
E. An insurer or insurance agent, broker producer or consultant utilizing space in the 
retail area of a supervised lender, or an institution listed in paragraph A or B in order 
to engage in the transaction of insurance when payments for use of such space are made 
to the supervised lender or other such institution pursuant to a space-sharing agreement 
based directly or indirectly on a percentage of the volume of business conducted by the 
insurer, or insurance agent, broker producer or consultant. 
Sec. C-3. 9-A MRSA §4-403, sub-§5-A is enacted to read: 
5-A. Insurance producer. "Insurance producer" means a person required to be 
licensed as an insurance producer as defined in Title 24-A, section 1402, subsection 5. 
Sec. C-4. 9-A MRSA §4-403, sub-§6, as enacted by PL 1997, c. 315, §8, is 
amended to read: 
6. Insurance product. "Insurance product" means a contract of insurance that is 
offered for sale by a licensed agent or broker an insurance producer employed by or 
affiliated with a supervised lender, 
Sec. C-5. 9-A MRSA §4-403, sub-§7, as enacted by PL 1997, c. 315, §8, is 
amended to read: 
7. Licensed 3rd-party agent. "Licensed 3rd-party agent" means a licensed insurance 
agent, broker producer or consultant who engages in authorized insurance activities related 
to insurance products directly on behalf of a specified licensed insurance entity through an 
independent contractor relationship. 
Sec. C-6. 9-A MRSA §4-404, as enacted by PL 1997, c. 315, §8, is amended to 
read: 
§4-404. Choice of insurance agent or broker producer 
A supervised lender or its affiliate that negotiates or sells. insurance products to 
purchasers or borrowers as authorized under section 4-402 may not, in connection with the 
extension of credit, interfere with a purchaser's or borrower's free choice of an insurance 
agent producer or company under applicable provisions set forth in Title 24-A. 
Sec. C-7. 9-A MRSA §4-406, as enacted by PL 1997, c. 315, §8, is amended to 
read: 
§4-406, Distinguishing insurance products from loan products; identification of 
insurance brokers and agents producers 
To the extent practicable, sales of insurance products authorized by this Part must take 
place in a manner that minimizes customer confusion between any noninsurance product 
offered by the supervised lender or its affiliates and those insurance products. A supervised 
lender, or its affiliates, is in compliance with this section if it utilizes signs clearly visible 
to its customers that distinguish insurance products of the supervised lender, or its affiliates, 
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from its noninsurance products and that adequately identify insurance agents, brokers 
producers and consultants affiliated with the supervised lender. 
Sec. C-8. 9-A MRSA §4-407, as amended by PL 1999, c. 127, Pt. A, §19; amended 
by PL 2001, c. 44, § 11 and affected by§ 14; amended by PL 2007, c. 273, Pt. B, §§5 and 6 
and affected by §7; and affected by PL 2007, c. 695, Pt. A, §47, is further amended to read: 
§4-407. Rulemaking 
The Superintendent of Financial Institutions, the Superintendent of Insurance and the 
Superintendent of Consumer Credit Protection may undertake joint rulemaking, pursuant 
to this section, Title 9-B, section 448, subsection 5 and Title 24-A, section 1443-A, 
subsection 3 to carry out the purposes of section 4-406, including issues regarding signs, 
the physical location of sales of insurance and identification of agents and brokers 
producers affiliated with financial institutions, credit unions, financial institution holding 
companies or supervised lenders. In adopting rules pursuant to this Part, the Superintendent 
of Financial Institutions, the Superintendent of Insurance and the Superintendent of 
Consumer Credit Protection shall consider the possibility of confusion and perception of 
coercion among the insurance consuming public, the need for cost-effective delivery of 
insurance products to insurance consumers and the impo1iance of parity among agents and 
brokers producers affiliated with federally chartered and state-chartered financial 
institutions and credit unions. Any rule adopted may not interfere significantly with the 
ability of an agent or broker a producer to solicit or negotiate the sale of an insurance 
product, whether or not that agent or broker producer is affiliated with a financial 
institution, credit union, financial institution holding company or supervised lender, except 
when no other reasonable alternative exists that protects the insurance consuming public. 
Rules adopted under this Part are routine technical rules pursuant to Title 5, chapter 375, 
subchapter II-A 2-A. Nothing in this section is intended to restrict or interfere with the 
ability of the Bureau of Insurance, the Bureau of Financial Institutions or the Bureau of 
Consumer Credit Protection to adopt rules with respect to areas in which the respective 
agencies have independent jurisdiction. 
PARTD 
Sec. D-1. 10 MRSA §1063, sub-§2, 'ifl-1, as amended by PL 2011, c. 655, Pt. GG, 
§6 and affected by §70, is further amended to read: 
I-1. In the case of recycling and waste reduction projects, the proposed facility is 
consistent with and will contribute to the management goals and objectives outlined in 
the state waste management and recycling plan under Title 38, chapter 24 and will 
reduce the amount of solid or hazardous waste requiring disposal. The Department of 
Environmental Protection shall provide assistance to the authority in determining 
consistency, technical eligibility and merit of applications for assistance under this 
subchapter,; and 
Sec. D-2. 10 MRSA §1063, sub-§2, 1J, as amended by PL 2011, c. 655, Pt. EE, 
§15 and affected by §30 and amended by PL 2021, c. 293, Pt. A, §52, is further amended 
to read: 
J. In the case of an energy generating system, an energy distribution system or an 
industrial-commercial project, any of which includes hydroelectric facilities deemed 
necessary for the production of electricity: 
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COMMITTEE AMENDMENT "(to H.P. 1516, L.D. 2034 
(1) The Public Utilities Commission has certified that all required licenses have 
been issued or that none are required; and 
(2) The Director of the Office of Policy Innovation and the Future has reviewed 
and commented upon the project proposal. The Director of the Office of Policy 
Innovation and the Future shall make comments within 30 days after receipt of a 
notification and copy of the project proposal from the authority. The authority shall 
take the comments into consideration in its consideration of the projectt-a00~ 
Sec. D-3. 10 MRSA §1063, sub-§2, ~' as amended by PL 1985, c. 714, §35, is 
repealed. 
Sec. D-4. 12 MRSA §6024, sub-§1-A, as amended by PL 2021, c. 71, §1, is further 
amended to read: 
1-A. Appointment; composition; term; compensation. The Marine Resources 
Advisory Council, established by Title 5, section 12004-G, subsection 27, consists of 16 
members. The chair of the Lobster Advisory Council, the chair of the Sea Urchin Zone 
Council and the chair of the Shellfish Advisory Council are ex officio members of the 
council. Each other member is appointed by the Governor and is subject to review by the 
joint standing committee of the Legislature having jurisdiction over marine resources 
matters and to confirmation by the Legislature. Five members must be persons who are 
licensed under this Part to engage in commercial harvesting activities. Those 5 members 
are selected by the Governor from names recommended to the Governor by groups 
representing commercial harvesting interests. Each member must represent a different 
commercial harvesting activity, except that none of those 5 members may represent lobster 
harvesters. The remaining 8 members must include one public member, one member who 
is a member of a federally recognized Indian nation, tribe or band in the State, 4 persons 
who hold a nonharvesting-related license under this Paii, one person representing 
recreational saltwater anglers and one person representing the aquaculture industry. The 
Governor shall select the person to represent the aquaculture industry from among the 
names recommended by the aquaculture industry. The Governor shall select the member 
who is a member of a federally recognized Indian nation, tribe or band in the State based 
on the joint recommendation of the tribal governments of the Aroostook Band ofMicmacs, 
the Houlton Band of Maliseet Indians, the Passamaquoddy Tribe at Motahmikuk 
Motahkomikuk, the Passamaquoddy Tribe at Sipayik and the Penobscot Nation. If the 
tribal governments do not make a unanimous joint recommendation, the Governor shall 
appoint a member of a federally recognized Indian nation, tribe or band in the State and 
rotate the appointment among members of each federally recognized Indian nation, tribe 
or band in the State. The composition of the council must reflect a geographical distribution 
along the coast. All appointed members are appointed for a term of 3 years, except a 
vacancy must be filled in the same manner as an original member for the unexpired portion 
of the term. An appointed member may not serve for more than 2 consecutive terms. 
Appointed members serve until their successors are appointed. The chair of the Lobster 
Advisory Council, the chair of the Sea Urchin Zone Council and the chair of the Shellfish 
Advisory Council shall serve until a new chair of the Lobster Advisory Council, a new 
chair of the Sea Urchin Zone Council or a new chair of the Shellfish Advisory Council, 
respectively, is chosen. Members are compensated as provided in Title 5, chapter 379. 
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Sec. D-5. 25 MRSA §2469, sub-§2, as enacted by PL 2021, c. 194, § 1 and affected 
by §3, is amended to read: 
2. Fuel gas detector required. The building owner shall install, or cause to be 
installed, in accordance with the manufacturer's requirements at least one approved fuel 
gas detector in every room containing an appliance fueled by that combusts propane, 
natural gas or any liquified petroleum gas in: 
A. Each unit in any building of multifamily occupancy; 
B. A fraternity house, sorority house or dormitory that is affiliated with an educational 
facility; 
C. A children's home, emergency children's shelter, children's residential care facility, 
shelter for homeless children or specialized children's home as defined in Title 22, 
section 8101, subsections 1, 2, 4, 4-A and 5, respectively; 
D. A hotel, motel or inn; 
E. A mixed use occupancy that contains a dwelling unit; 
F. A Beginning January L 2026, a business occupancy; 
G. A Beginning January 1, 2026, a mercantile occupancy; or 
H. :AH: Beginning January 1, 2026, an assembly occupancy.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment makes the following changes. 
It strikes from the bill Pait A, sections 21, 30, 31 and 32. 
It amends Part A, section 24 to update the Maine Land Use Planning Commission's 
comprehensive plan statute to cross-reference the Depattment of Agriculture, Conservation 
and Forestry, Bureau of Resource Information and Land Use Planning as the successor in 
certain responsibilities to the State Planning Office. 
It amends Part A, section 51 to incorporate the language from both public law chapters 
in conflict that amend the laws regulating dental practice. 
It amends Part A, section 52 to refer to the budget of one department that was created 
by the merger of 2 separate departments. 
It adds Part C to make required changes in the te1minology in that part of the Maine 
Consumer Credit Code regulating insurance activities by supervised lenders related to the 
changes in Part A, sections 9 and 10. 
It adds Part D, which does the following. 
1. Sections 1, 2 and 3 repeal an obsolete paragraph in the Finance Authority of Maine 
statutes that cross-references a repealed provision. 
2. Section 4 amends the laws regarding the Marine Resources Advisory Council to 
correct the spelling of the Passamaquoddy Tribe at Motahkomikuk. 
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COMMITTEE AMENDMENT .. ff, to H.P. 1516, L.D. 2034 
3. Section 5 clarifies the application of the fuel gas detector law passed in 2021 to 
require a fuel gas detector in rooms containing an appliance that combusts propane, natural 
gas or any liquified petroleum gas. Although the change is consistent with the intent of 
Public Law 2021, chapter 194, this is a substantive change as existing law applies to rooms 
containing an appliance that is fueled by propane, natural gas or any liquified petroleum 
gas. Section 5 also incorporates application dates that were included in the unallocated 
section of Public Law 2021, chapter 194 into the statute, applying to business occupancies, 
mercantile occupancies and assembly occupancies. This is a technical correction to the 
statutes. 
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