An Act to Correct
Maine Legislature, Session 132, LD 2170
Committee Amendment CA_A_H957 (House)
Amends: 5 MRSA §3233, 5 MRSA §4763, 5 MRSA §7039, 9-B MRSA §131, 9-B MRSA §427, 9-B MRSA §448, 12 MRSA §6025, 24-A MRSA §4362, 26 MRSA §852, 26 MRSA §853, 26 MRSA §854, 26 MRSA §855, 33 MRSA §1603, 34-B MRSA §3613, 34-B MRSA §3614, 38 MRSA §1303-C

COMMITTEE AMENDMENT " A " to H.P. 1458, L.D. 2170, "An Act to Correct
Inconsistencies, Conflicts and Errors in the Laws of Maine"
Amend the bill io. Part A in section 3 in subsection 7 in the 10th line (page 2, line 3 in
L.D.) by inserting after the following: "952" the following: 'and sections 958 to 960'
Amend the bill in Part A in section 4 in subsection 2 m the 4th line (page 2, line 20 in
L.D.) by inserting after the following: "952" the following: 'and sections 958 to 960'
Amend the bill in Part A by striking out all of section 3 I.
Amend the bill in Part A by striking out all of section 3 8.
Amend the bill by mserting after Part A the following:
'PART B
Sec. B-l. 5 MRSA §3233, sub-§4, ^[C, as enacted by PL 2025, c. 388, Ft, D, § 12,
is amended to read:
C. Within 3^ 10 business days after receiving the comprehensive plan, notify the
municipality or multimuiucipal region if the plan is complete for purposes of review,
If the office notifies the municipality or multimunicipal region that the plan is not
complete for purposes of review, the office shall indicate in its notice necessary
additional data or infonnation;
Sec. B-2. 5 MRSA §3233, sub-§4, ^D, as enacted by PL 2025, c. 388, Pt, D, § 12,
is amended to read:
D. Within -3-9 35 business days of issuing notification that a comprehensive plan is
complete for purposes of review, issue findings specifically describing whether the
submitted plan is consistent with the procedures, goals and guidelines established in
Title 30-A, chapter 187, subchapter 2 and identify which inconsistencies in the plan, if
any, may directly affect rate of growth, zoning or impact fee ordinances.
COMMITTEE AMENDMENT
COMMnTEE AMENDMENT"^. "toH.P. 1458, L.D. 2170
(1) In its findings, the office shall clearly indicate its position on any point on
which there are significant conflicts among the written comments submitted to the
office.
(2) If the office finds that the comprehensive plan was developed in accordance
with the procedures, goals and guidelines established in Title 30-A, chapter 187,
subchapter 2, the office shall issue a finding of consistency for the comprehensive
plan.
(3) A finding of mconsistency must identify the goals under Title 30-A, chapter
187, subchapter 2 not adequately addressed, specific sections of the rules relating
to comprehensive plan review adopted by the office not adequately addressed and
recommendations for resolving the inconsistency;
Sec. B-3. 5 MRSA §3233, sub-§4, ^F, as enacted by PL 2025, c. 388, Pt. D,§12,
is amended to read:
F. Provide ample opportunity for the municipality or multmnuucipal region submitting
a comprehensive plan to respond to and correct any identified dofioienoios in tho plan
revise the plan to be consistent with the procedures. goals and euidelines established
in Title 30-A. chapter 187. subchapter 2. A finding of inconsistency for a
comprehensive plan may be addressed within 24 months of the date of the finding
without addressing any new review standards that are created during that time interval,
After 24 months, the plan must be resubmitted in its entirety for state review under the
office's most current review standards.
Sec. B-4.. 5 MRSA §3233, sub-§4, as enacted by PL 2025, c. 388, Ft. D, §12, is
amended by amending the 3rd blocked paragraph to read:
A finding by the office pursuant to paragraph D that a comprehensive plan is consistent
with the procedures, goals and guidelines established in Title 30-A, chapter 187, subchapter
2 is valid for 12 years from the date of its issuance. A finding by the Department of
Aeri culture. Conservation and Forestry issued after January 1. 2013 that a comtirehensive
plan is consistent with the procedures, goals and guidelines established in Title 30-A.
chapter 187. subchaoter 2 is valid until December 12. 2028 or 12 years after the date of
consistency determined by the department, whichever is later. For purposes of Title 30-A,
section 4314, subsection 3 and Title 30-A, section 4352, subsection 2, expiration of a
finding of consistency pursuant to this subsection does not itself make a comprehensive
plan inconsistent with the procedures, goals and guidelines established in Title 30-A,
chapter 187, subchapter 2.
PART C
Sec. C-l. 5 MRSA §4763, as enacted by PL 2025, c. 517, §1, is amended by
amending the section headnote to read:
§4763. Prohibited Regulated activities
Sec. C-2. 5 MRSA §7039, as corrected by RR 2001, c. 2, Part A, §9, is amended to
read:
§7039. Civil Service Law
COMMITTEE AMENDMENT
COMMHTEE AMENDMENT " 1\ " to H.P, 1458, L.D. 2170
"A"'
The Civil Service Law consists of chapters 56-A. 65, 67, 68, 69-, and 71 and this
chapter. Whenever reference is made in statute or rule to the Civil Service Law, the
chapters delineated in this section apply.
Sec. C-3. 9-B MRSA §131, sub-§22-B, as enacted by PL 1997, c. 315, §9, is
amended to read:
22-B. Insurance agent or agency and insurance producer. "Insurance agent e?
ageaey" means a person engaged in the business of an insurance agent as defined and
"insurance producer" have the same meaniuR as "insurance producer" m Title 24-A, section
4503 1402. subsection 5.
Sec. C-4. 9-B MRSA §131, sub-§22-C, as enacted by PL 1997, c. 315, §9, is
repealed.
Sec. C-5. 9-B MRSA §427, sub-§3, ^C, as enacted by PL 1975, c. 500, §1, is
amended to read:
C. Nothing contamed-ia-feis This subsection shall be deemed may not be construed to
modify or otherwise affect Title 11, section 1 201, subsootion 25 or Title 11, section
3 30/1, nor 1-1202. 3-1302. 3-1304 or 3-1307 or to relieve swA a drawee financial
institution from any liability imposed upon it by law to the extent of any payment or
amount which such that the institution may receive for its benefit from any ef-saeb
checks drawn or endorsed as described in paragraph A or funds represented Aereby by
those checks.
Sec. C-6. 9-B MRSA §448, as amended by PL 1999, c. 790, Ft. A, §10 and PL
2007,c. 273, Pt. B, §§5 and 6 and affected by §7 and c. 695, Ft. A, §47, is further amended
by amending the section headnote to read:
§448. Insurance agency activities
Sec. C-7. 9-B MRSA §448, sub-§3, as enacted by PL 1997,c. 315, § 17, is amended
to read:
3. Customer notice that insurance is not federally guaranteed. An institution that
engages in insurance agency or brokerage activities authorized under subsection 1 must
provide customer notice regarding insurance products in the following manner.
A. The institution shall post conspicuously a notice that is clearly visible to all
customers that may purchase insurance products from the institution. The notice must
state in clearly understandable language that the insurance is not insured by the Federal
3 Deposit Insurance Corporation or National Credit Union Administration, as applicable;
B. When a prospective purchaser of insurance is directly and personally contacted by
the institution, the institution shall orally inform that prospective purchaser of
insurance that the insurance product is not insured by the Federal Deposit Insurance
Corporation or National Credit Union Administration, as applicable; and
C. Before the sale of an insurance product is completed the institution must obtain a
written statement signed by the purchaser of insurance that the purchaser received the
oral notice required by paragraph B.
Sec. C-8. 12 MRSA §6025, sub-§l, as amended by PL 1985,c. 785, Pt. B,§67, is
further amended to read:
COMMITTEE AMENDMENT
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COMMnTEE AMENDMENT " /\ " to H.P. 1458, L.D. 2170
1. Appointment. Applicants for the position of a marine pab-ol officer who qualify
under the officer's code and pass the examination administered by the Bureau of Human
Resources may be appointed by the commissioner to hold office under Title 5, chapters 51
-te-6^ the Civil Service Law and under the officer's code.
Sec. C-9. 24-A MRSA §4362, sub-§3, as enacted by PL 1969, c. 132, §1 and
amended by PL 1973, c. 585, §12, is further amended to read:
3. Notwithstanding any other provision of law, no bond shall be required of the
superintendent as a prerequisite for the issuance of any injunction or restraining order
pursuant to this section subsection 1 or 2.
Sec. C-10. 24-A MRSA §4362, sub-§4, as enacted by PL 2025, c. 17, §3, is
amended to read:
4. Notwithstanding subsections I? and 2 or 3-e? any provision of this chapter to the
contrary, a person may not for more than 10 days be restrained, enjoined or prohibited from
exercising or enforcing any right or cause of action under any pledge, security, credit,
collateral, loan, advance, reimbursement, guarantee agreement or arrangement or any
similar agreement, arrangement or other credit enhancement to which a federal home loan
bank is a party.
Sec. C-ll. 26 MRSA §852, as corrected by RR 2023,c. 2, Pt. E, §34, is amended
to read:
§852. Employment of replacements prohibited
A person, partnership, urdon, agency, firm or corporation or officer, employee or agent
thereof may not recruit, procure, supply or refer any person for employment who
customarily and repeatedly offers to accept employment in place of any employee involved
in a labor? strike or lookout m which that person, partnership, union, agency, firm or
corporation is not directly involved.
See. C-12. 26 MRSA §853, as corrected by RR 2023, c. 2, Pt. E, §35, is amended
to read:
§853. Arrangements
A person, partnership, union, firm or corporation involved in a labor? strike or lookout
may not, directly or indirectly, employ in the place of an employee involved in that strike
or lookout any person who customarily and repeatedly offers to accept employment in the
place of employees involved in a labor strike or lookout or contract or arrange with any
other person, partnership, union, agency, firm or corporation to recruit, procure, supply or
refer persons for employment who customarily and repeatedly offer to accept employment
in place of employees involved in a labor? strike or lookout.
Sec. C-13. 26 MRSA §854, as corrected by RR 2023, c. 2, Pt. E, §36, is amended
to read:
§854. Offers
A person who customarily and repeatedly offers to accept employment in place of
employees mvolved in a labor? strike or lookout may not take or offer to take the place of
employment of any employee involved in a labor? strike or lookout.
Page4-132LR2946(02)
COMMITTEE AMENDMENT
COMMnTEE AMENDMENT " A " to H.P. 1458, L.D. 2170
Sec. C-14. 26 MRSA §855, as corrected by RR 2023, c. 2, Ft. E, §37, is amended
to read;
§855. Evidence
It is prima facie evidence that a person customarily and repeatedly offers to accept
employment in place of employees involved m a labor^ strike or lookout if the person has
2 times before offered to take the place of employment of persons involved in labor-; strikes
or lookouts.
Sec. C-15. 33 MRSA §1603-117, first ^, as enacted by PL 1981, c. 699, is
amended to read:
(a) A judgment for money against the association, if a lien order is filed with the
Rogistor of Doods regist^_of^eecls of the county where the condominium is located, as
provided in Title 14, section 3132, as it or its equivalent may be amended or modified from
time to time 3131. subsection 9. uaraeraoh B, is not a lien on the common elements, but is
a lien in favor of the judgment lienholder against all of the units in the condommium at the
time the judgment was entered, No other Other property of a unit owner is not subject to
the claims of creditors of the association.
Sec. C-16. 34-B MRSA §3613, as repealed and replaced by PL 2025, c. 388, Pt.
TV, §1 and repealed by c. 390, Ft, A, §55, is repealed and the following enacted in its
place:
§3613. Crisis receivine centers
1. Definitions. As used in this section, unless the context otherwise indicates, "crisis
receivine center" means a center that provides immediate and short-term walk-in access to
an array of both clinical and nonclinical mental health and substance use disorder crisis
stabilization services to all individuals seeking _care regardless of acuitv or insurance
coverage and within bounds of licensine.
2. DeBartment to develop plan and serve as coordinator. The department shall
develop a plan for a network ofcommumtv-based crisis receivine centers across the State
to suDDortJioth clmjcal and noncliaical mental health and substance use disorder crisis
stabilization services. The department shall also coordinate meetings, techmcal assistance
0 and training and provide other assistance to heb create, maintain and. as necessar/, expand
the network.
3. Guidelines. In carrymg out its duties under subsection 2. the department shall:
A. Consult with law enforcement agencies, municiualities. oublic health exoerts.
behavioral health care providers. other states and others as awropriate;
B. Assess geosiaphical locations for maximization of community impact;
C. Provirie teclinical assistance to persons and entities across the State and providers
interested in ioinine the network;
D. Coordinate reeular meetines with crisis receiving centers and provide technical
assistanceto crisis receivine centers; and
E. Engage m contmual process improvement and olannmg updates.
COMMITTEE AMENDMENT
^ COMMFTTEE AMENDMENT "/\ " to H.P. 1458, L.D. 2170
Sec. C-17. 34-B MRSA §3614, as enacted by PL 2023,c. 675,§9 and reallocated
by PL 2025, c. 390,Pt. A,§56, is repealed.
Sec. C-18. 38 MRSA §1303-C, sub-§40, as amended by PL 1989, c. 869, Pt. A,
§5 and affected by §21, is farther amended to read:
40. Waste facility. "Waste facility" means any land area, stmcture, location,
equipment or combination of them, including dumps, used for handling hazardous,
biomedical or solid waste, waste oil, sludge or septage. A land area or structure does not
become a waste facility solely because:
A. It is used by its owner for disposing ofseptage from the owner's residence;
B. It is used to store for 90 days or less hazardous wastes generated on the same
premises;
C. It is used by individual homeowners or lessees to open bum leaves, bmsh,
deadwood and tree cuttings accmed fi-om normal maintenance of their residential
property, when such burning is permitted under Title 12, section 5W 9325, subsection
3- LoaragranhF; or
D. It is used by its residential owner to bum highly combustible domeGtic, household
traoh ouoh as paper, cardboard oartono or wood boxes, when such burning is permitted
under section 599, subsection 3.
E. It is used by its residential owner to eneaee in out-of-door bumme of wood wastes
as defined in Title 12. section 9324. subsection 7-A and painted or unoainted wood
from construction and demolition debris under Title 12. section 9325. subsection 1.
oaraeraph E.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment removes sections 31 and 38 from Part A of the bill. It also amends
Part A, sections 3 and 4 of the bill by adjustmg cross-references to include all of the
provisions within Title 5, chapter 71 of the Maine Revised Statutes that establish major
policy-influencing positions.
The amendment adds Part B, which amends Title 5, section 3233, a provision of law
enacted in Public Law 2025, chapter 388, Part D to replace Title 30-A, section 4347-A, to
incorporate several changes that were made to Title 30-A, section 4347-A in Public Law
2025, chapter 393.
The amendment also adds Part C, which does the following.
1. It corrects headnotes.
2. It corrects cross-references and makes grammatical changes and technical
corrections.
3. It repeals obsolete language.
4. It removes a cross-reference that is zmnecessary and that creates a conflict with
another provision.
COMMITTEE AMENDMENT
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COMMrTTEE AMENDMENT " /\ " to H.P. 1458, L.D. 2170
5, It corrects the same clerical error m several sections of law.
6. It removes unnecessary language associated with a corrected cross-reference that
describes future equivalent or amended versions of the cross-referenced provision.
7. It corrects a conflict created by Public Law 2025, chapters 388 and 390, which
affected the same provision of law, by repealing the provision and replacing it with the
chapter 388 version.
8. It updates language associated with a cross-reference to match current law.
COMMITTEE AMENDMENT