An Act To Correct Errors and Inconsistencies in the Laws of Maine
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, acts of this and previous Legislatures have resulted in certain technical errors and inconsistencies in the laws of Maine; and
Whereas, these errors and inconsistencies create uncertainties and confusion in interpreting legislative intent; and
Whereas, it is vitally necessary that these uncertainties and this confusion be resolved in order to prevent any injustice or hardship to the citizens of Maine; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Sec. 1. 2 MRSA §6-A, sub-§3, ¶D, as amended by PL 2009, c. 122, §2, is further amended to read:
Sec. 2. 2 MRSA §6-A, sub-§3, ¶D-1, as enacted by PL 2005, c. 23, §1, is repealed.
Sec. 3. 5 MRSA §1764-A, sub-§2, as corrected by RR 2003, c. 1, §2, is amended to read:
Rules adopted pursuant to this section apply to all new or substantially renovated state-owned or state-leased buildings and buildings built with state funds, including buildings funded through state bonds or the Maine Municipal Bond Bank, regardless of whether the planning and design for construction is subject to approval by the department.
Rules adopted pursuant to this section may provide for exemptions, waivers or other appropriate consideration for buildings with little or no energy usage, such as unheated sheds or warehouses.
The Bureau of General Services shall adopt rules pursuant to this section by July 1, 2004. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 4. 7 MRSA §2104-A, as enacted by PL 2009, c. 393, §6, is amended to read:
§ 2104-A. Arrears in payments to Seed Potato Board
A person who on July 15th of any year is in arrears as to full payment for potato seed purchased from the Seed Potato Board is not eligible for listing in the Maine certified seed potatoes book for that year published by the department's Division of Plant Industry division of animal and plant health.
Sec. 5. 7 MRSA §2106, as amended by PL 2003, c. 578, §6, is further amended to read:
§ 2106. Working capital advance
The State Controller is authorized to advance $300,000 from the General Fund unappropriated surplus to the Certified Seed Fund established in section 2107 during any state fiscal year, if requested in writing by the Director of the Division of Plant Industry director of the division of animal and plant health, to be used to provide cash necessary to meet current expenditures of the seed certification program. These funds must be returned to the General Fund unappropriated surplus before the close of the state fiscal year in which the advance was made. The State Controller shall report to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs within 30 days of making any working capital advance for this purpose.
Sec. 6. 7 MRSA §2157, sub-§5, as enacted by PL 1987, c. 813, §1, is amended to read:
Sec. 7. 7 MRSA §2701, first ¶, as amended by PL 2009, c. 393, §7, is further amended to read:
All persons owning honeybees within the State shall annually notify the commissioner of the keeping of bees and the location of the bees and shall forward to the commissioner for deposit with the Treasurer of State an annual license fee for all bees kept on June 15th of each year. Fees must be established by rule. Notwithstanding Title 5, section 8071, subsection 3, rules adopted under this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. License fees accrue as a dedicated revenue to the Division of Plant Industry division of animal and plant health to fund the cost of apiary inspection and licensing.
Sec. 8. 7 MRSA §2754, as amended by PL 1999, c. 401, Pt. H, §3, is further amended to read:
§ 2754. Registration fees
A registration fee not to exceed $2 per colony for all bees to be shipped or moved into the State must be forwarded to the commissioner for deposit with the Treasurer of State. Fees must be established by rule in accordance with the Maine Administrative Procedure Act. The fees accrue as dedicated revenue to the Division of Plant Industry division of animal and plant health to fund the cost of apiary inspection and licensing.
Sec. 9. 10 MRSA §8001, sub-§38, ¶E, as enacted by PL 1995, c. 397, §11, is repealed.
Sec. 10. 12 MRSA §6301, sub-§2, ¶R, as amended by PL 2009, c. 523, §2 and c. 561, §8, is repealed and the following enacted in its place:
Sec. 11. 17 MRSA §330, as amended by IB 2009, c. 2, §50 and repealed by PL 2009, c. 487, Pt. A, §1, is repealed.
Sec. 12. 17 MRSA §1831, sub-§5, as amended by PL 2009, c. 599, §1, is further amended to read:
For the purposes of this subsection, "an event the result of which is determined by chance" includes but is not limited to a shuffle of a deck of cards, a roll of a die or dice or a random drawing or generation of an object that may include, but is not limited to, a card, a die, a number or simulations of any of these. A shuffle of a deck of cards, a roll of a die, a random drawing or generation of an object or some other event the result of which is determined by chance that is employed to determine impartially the initial order of play in a game, contest, scheme or device does not alone make a game, contest, scheme or device a game of chance. For purposes of this chapter, beano, bingo and , a savings promotion raffle and table games as defined in Title 8, section 1001, subsection 43-A are not games of chance.
Sec. 13. 18-A MRSA §3-717, as enacted by PL 1979, c. 540, §1, is amended to read:
§ 3-717. Corepresentatives; when joint action required
If 2 or more persons are appointed corepresentatives and unless the will provides otherwise, the concurrence of all is required on all acts connected with the administration and distribution of the estate. This restriction does not apply when any corepresentative receives and receipts for propperty property due the estate, when the concurrence of all cannot readily be obtained in the time reasonably available for emergency action necessary to preserve the estate, or when a corepresentative has been delegated to act for the others. Persons dealing with a corepresentative if actually unaware that another has been appointed to serve with him that corepresentative or if advised by the personal representative with whom they deal that he the personal representative has authority to act alone for any of the reasons mentioned herein, are as fully protected as if the person with whom they dealt had been the sole personal representative.
Sec. 14. 21-A MRSA §1203-A, sub-§28, ¶A, as enacted by PL 2005, c. 13, §2 and affected by §3, is amended to read:
Sec. 15. 22 MRSA §2383-B, sub-§3, ¶A-1, as amended by PL 2001, c. 580, §1, is repealed.
Sec. 16. 22 MRSA §2383-B, sub-§3, ¶A-2, as enacted by IB 1999, c. 1, §7, is repealed.
Sec. 17. 22 MRSA §2383-B, sub-§3, ¶E, as amended by PL 2009, c. 631, §6 and affected by §51, is repealed.
Sec. 18. 23 MRSA §4202, as amended by PL 1971, c. 622, §77-C, is further amended to read:
§ 4202. Short title
This Act shall chapter may be known as and may be cited as the Maine Transportation Act.
Sec. 19. 23 MRSA §4203, first ¶, as amended by PL 1971, c. 622, §77-D, is further amended to read:
The following terms, when used in this Act chapter, shall have the following meanings, unless the context otherwise requires.
Sec. 20. 24 MRSA §2317-B, sub-§12-F, as enacted by PL 2009, c. 578, §1 and affected by §4; enacted by c. 634, §1 and affected by §5; and enacted by c. 635, §1 and affected by §6, is repealed and the following enacted in its place:
Sec. 21. 24 MRSA §2317-B, sub-§12-G is enacted to read:
Sec. 22. 24 MRSA §2317-B, sub-§12-H is enacted to read:
Sec. 23. 24 MRSA §2986, sub-§2, as enacted by PL 1999, c. 719, §2 and affected by §11, is amended to read:
Sec. 24. 24-A MRSA §957, 2nd ¶, as enacted by PL 1983, c. 346, §7, is amended to read:
For any life insurance policy issued on or after January 1, 1987, for which the gross premium in the first policy year exceeds that of the 2nd year and for which no comparable additional benefit is provided in the first year for that excess and which that provides an endowment benefit or a cash surrender value or a combination thereof in an amount greater than that excess premium, the foregoing provisions of this section shall must be applied as if the method actually used in calculating the reserve for that policy were the method described in section 954, ignoring the 2nd paragraph of section 954. The minimum reserve at each policy anniversary of such a policy shall be is the greater of the minimum reserve calculated in accordance with section 954, including the 2nd paragraph of that section, and the minimum reserve calculated in accordance with this section 957.
Sec. 25. 24-A MRSA §2736-A, first ¶, as amended by PL 2009, c. 439, Pt. C, §3, is further amended to read:
If at any time the superintendent has reason to believe that a filing does not meet the requirements that rates not be excessive, inadequate, unfairly discriminatory or not in compliance with section 6913 6917 or that the filing violates any of the provisions of chapter 23, the superintendent shall cause a hearing to be held. If a filing proposes an increase in rates in an individual health plan as defined in section 2736-C, the superintendent shall cause a hearing to be held at the request of the Attorney General. In any hearing conducted under this section, the insurer has the burden of proving rates are not excessive, inadequate or unfairly discriminatory and in compliance with section 6913 6917.
Sec. 26. 24-A MRSA §2766, as enacted by PL 2009, c. 634, §2 and affected by §5, is reallocated to 24-A MRSA §2767.
Sec. 27. 24-A MRSA §2766, as enacted by PL 2009, c. 635, §2 and affected by §6, is reallocated to 24-A MRSA §2768.
Sec. 28. 24-A MRSA §2847-R, as enacted by PL 2009, c. 634, §3 and affected by §5, is reallocated to 24-A MRSA §2847-S.
Sec. 29. 24-A MRSA §2847-R, as enacted by PL 2009, c. 635, §3 and affected by §6, is reallocated to 24-A MRSA §2847-T.
Sec. 30. 24-A MRSA §4258, as enacted by PL 2009, c. 635, §4 and affected by §6, is reallocated to 24-A MRSA §4259.
Sec. 31. 25 MRSA §2926, sub-§2-A, as amended by PL 2009, c. 219, §2, is further amended to read:
Sec. 32. 31 MRSA §1592, sub-§8, as enacted by PL 2009, c. 629, Pt. A, §2 and affected by §3, is amended to read:
Sec. 33. 31 MRSA §1626, sub-§7, as enacted by PL 2009, c. 629, Pt. A, §2 and affected by §3, is amended to read:
Sec. 34. 34-B MRSA §9008, sub-§1, as enacted by PL 1983, c. 459, §7, is amended to read:
Sec. 35. 35-A MRSA §107, sub-§1, ¶A, as amended by PL 2009, c. 122, §7, is further amended to read:
Sec. 36. 35-A MRSA §107, sub-§2, ¶A, as amended by PL 2009, c. 122, §7, is further amended to read:
Sec. 37. 35-A MRSA §107, sub-§2, ¶C, as amended by PL 2009, c. 122, §7, is further amended to read:
Sec. 38. 35-A MRSA §1309, sub-§5, as enacted by PL 1987, c. 141, Pt. A, §6, is amended to read:
Sec. 39. 35-A MRSA §3132, sub-§6, as amended by PL 2009, c. 615, Pt. A, §1 and c. 655, Pt. A, §4, is repealed and the following enacted in its place:
Sec. 40. 35-A MRSA §3210, sub-§7, as amended by PL 2009, c. 329, Pt. B, §1, is further amended to read:
Sec. 41. 38 MRSA §346, sub-§4, as amended by PL 2009, c. 615, Pt. E, §5 and c. 642, Pt. B, §4, is repealed and the following enacted in its place:
Sec. 42. 38 MRSA §1310-B, sub-§2, as amended by PL 2009, c. 579, Pt. A, §1 and c. 610, §1, is repealed and the following enacted in its place:
Sec. 43. Maine Revised Statutes headnote enacted; revision clause. In the Maine Revised Statutes, Title 23, chapter 410, after the chapter headnote, the headnote "subchapter 1, general provisions" is enacted and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.
SUMMARY
Sections 1 and 2 remove a reference to a position that no longer exists and make a technical correction.
Section 3 removes a reference to a council that no longer exists and makes a technical correction.
Sections 4 to 8 correct references to a division in the Department of Agriculture, Food and Rural Resources and the division's director to reflect position changes enacted in Public Law 2009, chapter 552.
Section 9 strikes a reference to the Maine Athletic Commission, which was eliminated by Public Law 2007, chapter 621, section 13.
Section 10 corrects a conflict created by Public Law 2009, chapters 523 and 561, which affected the same provision of law. This section repeals the provision and replaces it with the chapter 561 version.
Sections 11 and 12 correct a conflict created when Public Law 2009, chapter 487, Part A repealed a chapter of law and enacted the substance as a different chapter and Initiated Bill 2009, chapter 2 amended a section of the repealed chapter. Section 12 incorporates the changes made in the Initiated Bill in the new section.
Section 13 corrects a spelling error and makes the language gender-neutral.
Section 14 corrects a reference to Fletchers Landing Township to reflect the name change made by Private and Special Law 2005, chapter 3.
Sections 15 to 17 repeal definitions that were used only in the Maine Revised Statutes, Title 22, section 2383-B, subsection 5, which was repealed by Initiated Bill 2009, chapter 1, section 4.
Sections 18 and 19 correct references and make grammatical changes.
Sections 20, 21 and 22 correct a numbering problem created by Public Law 2009, chapters 578, 634 and 635, which enacted 3 substantively different provisions with the same subsection number.
Section 23 corrects the maximum amount the Victim's Compensation Board may pay for a forensic examination to make the provision consistent with Title 5, section 3360-M, which was amended by Public Law 2009, chapter 79, section 4.
Section 24 corrects an internal reference and makes technical changes.
Section 25 corrects cross-references.
Sections 26 and 27 correct a numbering problem created by Public Law 2009, chapters 578, 634 and 635, which enacted 3 substantively different provisions with the same section number.
Sections 28 and 29 correct a numbering problem created by Public Law 2009, chapters 578, 634 and 635, which enacted 3 substantively different provisions with the same section number.
Section 30 corrects a numbering problem created by Public Law 2009, chapters 634 and 635, which enacted 2 substantively different provisions with the same section number.
Section 31 replaces the term "public service answering points" with the term "public safety answering points" to make Title 25, section 2926, subsection 2-A terminology consistent with the rest of the chapter.
Section 32 corrects the imprecise use of a pronoun.
Section 33 corrects the imprecise use of a pronoun.
Section 34 corrects a spelling error, makes grammatical changes and removes gender-specific language.
Sections 35, 36 and 37 remove references to a position that no longer exists.
Section 38 corrects a clerical error, corrects a grammatical error and removes gender-specific language.
Section 39 corrects a conflict created by Public Law 2009, chapters 615 and 655, which affected the same provision of law, by incorporating the changes made by both laws.
Section 40 corrects a cross-reference.
Section 41 corrects a conflict created by Public Law 2009, chapters 615 and 642, which affected the same provision of law, by incorporating the changes made by both laws.
Section 42 corrects a conflict created by Public Law 2009, chapters 579 and 610, which affected the same provision of law, by incorporating the changes made by both laws.
Section 43 adds a subchapter headnote. Public Law 1977, chapter 341, section 2 enacted subchapters 2 and 3 of Title 23, chapter 410. Prior to this enactment, there were no subchapters in chapter 410. This section adds a subchapter 1 headnote to chapter 410.