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. 8 MRSA §658, as amended by PL 2013, c. 595, Pt. U, §5, is further amended to read:
§ 658. Unincorporated places
County commissioners within their counties and counties within their limits shall respectively exercise over unincorporated places all the powers of municipal officers and towns under chapters 3, 7 and 18 20 to 25.
Sec. 2. 8 MRSA §701, as amended by PL 2013, c. 595, Pt. U, §6, is further amended to read:
§ 701. Jurisdiction
All penalties provided in chapters 3, 7 and 18 20 to 25 must be recovered by complaint for the use of the town where incurred.
Sec. 3. 12 MRSA §6728, sub-§3, as repealed and replaced by PL 2007, c. 557, §9 and repealed by c. 607, Pt. A, §10, is repealed.
Sec. 4. 12 MRSA §6728, sub-§3-A, as enacted by PL 2007, c. 607, Pt. A, §11, is amended to read:
Sec. 5. 20-A MRSA §2902, sub-§1, as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:
Sec. 6. 20-A MRSA §5161, sub-§§1, 3, 5, 7 and 8, as enacted by PL 2007, c. 451, §6, are repealed.
Sec. 7. 22 MRSA §1714-E, sub-§§1 and 7, as reallocated by RR 2011, c. 2, §25, are amended to read:
Sec. 8. 22 MRSA §2511, sub-§41-A, as enacted by PL 2013, c. 252, §2 and c. 323, §1, is repealed and the following enacted in its place:
Sec. 9. 22 MRSA §2514, sub-§1, ¶G-1, as enacted by PL 2013, c. 252, §3 and c. 323, §3, is repealed.
Sec. 10. 22 MRSA §2514-A, as enacted by PL 2013, c. 252, §4, is amended to read:
§ 2514-A. Registration
Sec. 11. 22 MRSA §2515, as enacted by PL 2013, c. 323, §4, is repealed.
Sec. 12. 22 MRSA §2517-C, as amended by PL 2013, c. 304, §§5 to 7; c. 323, §5; and c. 567, §1, is repealed and the following enacted in its place:
§ 2517-C. Slaughter and inspection; producer exemptions for poultry
(1) The name of the farm, the name of the poultry producer and the address of the farm including the zip code;
(2) The statement "Exempt under the Maine Revised Statutes, Title 22, section 2517-C NOT INSPECTED"; and
(3) Safe handling and cooking instructions as follows: "SAFE HANDLING INSTRUCTIONS: Keep refrigerated or frozen. Thaw in refrigerator or microwave. Keep raw poultry separate from other foods. Wash working surfaces, including cutting boards, utensils and hands, after touching raw poultry. Cook thoroughly to an internal temperature of at least 165 degrees Fahrenheit maintained for at least 15 seconds. Keep hot foods hot. Refrigerate leftovers immediately or discard."
(1) Separate area for slaughter, bleeding and defeathering;
(2) Separate area for evisceration and cooling; and
(3) Water supply that is tested twice annually for nitrates, nitrites and coliforms;
(1) Producer's name, address and zip code;
(2) Common name of product or list of ingredients;
(3) Weight of product in shipping container or immediate container;
(4) Lot number, which must consist of a coded number in some combination of the number of the day of the year on which the poultry was slaughtered;
(5) The statement "Exempt P.L. 90-492"; and
(6) Safe handling and cooking instructions as follows: "SAFE HANDLING INSTRUCTIONS: Keep refrigerated or frozen. Thaw in refrigerator or microwave. Keep raw poultry separate from other foods. Wash working surfaces, including cutting boards, utensils and hands, after touching raw poultry. Cook thoroughly to an internal temperature of at least 165 degrees Fahrenheit maintained for at least 15 seconds. Keep hot foods hot. Refrigerate leftovers immediately or discard."
The producer may further process poultry carcasses into parts and other products. The producer may sell retail poultry products to the household consumer and may sell wholesale poultry products to retail stores, hotels, restaurants and institutions, with the appropriate licenses.
(1) Separate area for slaughter, bleeding and defeathering;
(2) Separate area for evisceration and cooling; and
(3) Water supply that is tested twice annually for nitrates, nitrites and coliforms;
(1) Business name, address and zip code;
(2) Common name of product;
(3) Weight of product in shipping container or immediate container;
(4) Lot number, which must consist of a coded number in some combination of the number of the day of the year on which the poultry was slaughtered;
(5) The statement "Processed by a Licensed Commercial Food Processor/Small Enterprise Exempt from state or United States Department of Agriculture continuous bird-by-bird inspection"; and
(6) Safe handling and cooking instructions as follows: "SAFE HANDLING INSTRUCTIONS: Keep refrigerated or frozen. Thaw in refrigerator or microwave. Keep raw poultry separate from other foods. Wash working surfaces, including cutting boards, utensils and hands, after touching raw poultry. Cook thoroughly to an internal temperature of at least 165 degrees Fahrenheit maintained for at least 15 seconds. Keep hot foods hot. Refrigerate leftovers immediately or discard."
The small enterprise may sell poultry products wholesale to hotels, restaurants and institutions, prepackaged products to retail stores and retail products to household consumers, with the appropriate licenses.
Sec. 13. 22 MRSA §2518, as amended by PL 2013, c. 252, §6 and c. 323, §6, is repealed and the following enacted in its place:
§ 2518. Periodic review of noninspected licensed and registered establishments
In addition, the inspector conducting the periodic review may conduct any other examination necessary to ensure compliance with this chapter and the rules adopted pursuant to this chapter.
Sec. 14. 24 MRSA §2317-B, sub-§7, as amended by PL 1999, c. 790, Pt. A, §27, is further amended to read:
Sec. 15. 24-A MRSA §2604-A, first ¶, as enacted by PL 1981, c. 150, §5 and c. 175, §2, is repealed and the following enacted in its place:
The lives of a group of individuals may be insured under a policy issued to a creditor or its parent holding company or to a trustee or trustees or agent designated by 2 or more creditors, which creditor, holding company, affiliate, trustee, trustees or agent is considered the policyholder, to insure debtors of the creditor or creditors, subject to the following requirements.
Sec. 16. 25 MRSA §2803-B, sub-§1, ¶D, as amended by PL 2011, c. 640, Pt. D, §1 and c. 680, §4, is repealed and the following enacted in its place:
(1) A process to ensure that a victim receives notification of the defendant's release from jail;
(2) A process for the collection of information regarding the defendant that includes the defendant's previous history, the parties' relationship, whether the commission of an alleged crime included the use of strangulation as defined in Title 17-A, section 208, subsection 1, paragraph C, the name of the victim and a process to relay this information to a bail commissioner before a bail determination is made;
(3) A process for the safe retrieval of personal property belonging to the victim or the defendant that includes identification of a possible neutral location for retrieval, the presence of at least one law enforcement officer during the retrieval and giving the victim the option of at least 24 hours' notice to each party prior to the retrieval;
(4) Standard procedures to ensure that protection from abuse orders issued under Title 19-A, section 4006 or 4007 are served on the defendant as quickly as possible; and
(5) A process for the administration of a validated, evidence-based domestic violence risk assessment recommended by the Maine Commission on Domestic and Sexual Abuse, established in Title 5, section 12004-I, subsection 74-C, and approved by the Department of Public Safety and the conveyance of the results of that assessment to the bail commissioner, if appropriate, and the district attorney for the county in which the domestic violence occurred.
Sec. 17. 26 MRSA §1043, sub-§24, as repealed and replaced by PL 1979, c. 515, §5-A, is amended to read:
Sec. 18. 26 MRSA §1329, as amended by PL 2011, c. 559, Pt. A, §30 and repealed by c. 565, §1, is repealed.
Sec. 19. 29-A MRSA §2451, sub-§3, as amended by PL 2013, c. 459, §5 and c. 604, §4, is repealed and the following enacted in its place:
For the purposes of this subsection, a conviction or suspension has occurred within a 10-year period if the date of the new conduct is within 10 years of a date of suspension or imposition of sentence.
Sec. 20. 30-A MRSA §1671, sub-§3, ¶A, as amended by PL 2007, c. 653, Pt. A, §18, is further amended to read:
Sec. 21. 34-A MRSA §3406, as amended by PL 1995, c. 502, Pt. E, §30 and PL 2011, c. 657, Pt. W, §§5 and 7; and PL 2013, c. 405, Pt. A, §24, is further amended to read:
§ 3406. Land grants to the Department of Agriculture, Conservation and Forestry
The following lands of the former Women's Correctional Center at Skowhegan are granted to the divisions of the Department of Agriculture, Conservation and Forestry , Bureau of Parks and Lands as follows . :
Sec. 22. 34-A MRSA §5802, sub-§2, as amended by PL 2013, c. 508, §9, is further amended to read:
Sec. 23. 34-B MRSA §1207, sub-§1, ¶B, as amended by PL 2013, c. 132, §1 and c. 434, §7, is repealed and the following enacted in its place:
Sec. 24. 34-B MRSA §1207, sub-§1, ¶B-3, as enacted by PL 2013, c. 434, §8, is amended to read:
Sec. 25. 38 MRSA §451-A, sub-§2, as amended by PL 1975, c. 700, §1, is further amended to read:
Sec. 26. PL 2013, c. 368, Pt. YY, §1, as amended by PL 2013, c. 538, §42 and c. 595, Pt. I, §1 and affected by §2, is repealed and the following enacted in its place:
Sec. 1. Transfer of funds from Carrying Balances - Inland Fisheries and Wildlife, General Fund account. Notwithstanding any other provision of law, the State Controller shall transfer $150,000 on or before August 1, 2013 from the Carrying Balances - Inland Fisheries and Wildlife, General Fund account to the Administrative Services - Inland Fisheries and Wildlife, General Fund account to fund permitting and development costs related to the construction of a new headquarters facility in Gray.
Sec. 27. Retroactivity. That section of this Act that repeals and replaces Public Law 2013, chapter 368, Part YY, section 1 applies retroactively to June 26, 2013.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.
SUMMARY
Sections 1 and 2 correct cross-references.
Sections 3 and 4 correct a conflict created when Public Law 2007, chapter 557 repealed and replaced the Maine Revised Statutes, Title 12, section 6728, subsection 3 and Public Law 2007, chapter 607 repealed Title 12, section 6728, subsection 3 and enacted a subsection 3-A. These sections correct the conflict by repealing subsection 3 and incorporating the changes made by both laws into subsection 3-A.
Section 5 corrects a cross-reference.
Section 6 removes obsolete definitions.
Section 7 corrects a clerical error.
Section 8 corrects a conflict created by Public Law 2013, chapters 252 and 323, which affected the same provision of law. This section repeals the provision and replaces it with the chapter 252 version.
Section 9 repeals Title 22, section 2514, subsection 1, paragraph G-1, which was enacted by Public Law 2013, chapters 252 and 323. Public Law 2013, chapter 304 enacted Title 22, section 2514, subsection 1, paragraph M with the same language as is contained in paragraph G-1. This section repeals paragraph G-1 to eliminate the redundancy.
Sections 10 and 11 correct an error created when Public Law 2013, chapters 252 and 323 enacted substantially similar provisions with different section numbers by amending Title 22, section 2514-A to include language from section 2515 and repealing section 2515.
Section 12 corrects a conflict created by Public Law 2013, chapters 304, 323 and 567, which affected the same provision of law, by incorporating changes made by all 3 of the laws. This section also corrects a cross-reference and grammatical errors.
Section 13 corrects a conflict created by Public Law 2013, chapters 252 and 323, which affected the same provision of law, by incorporating the changes made by both laws and providing appropriate cross-references.
Section 14 corrects a cross-reference.
Section 15 corrects a conflict created by Public Law 1981, chapters 150 and 175, which enacted the same provision of law, but with a difference in punctuation. This section corrects the conflict by repealing the provision and replacing it with the chapter 175 version.
Section 16 corrects a conflict created by Public Law 2011, chapters 640 and 680, which affected the same provision of law, by incorporating the changes made by both laws.
Section 17 corrects a clerical error by adding the word "paid," which was omitted in the enacting law, makes a grammatical change and removes gender-specific language.
Section 18 corrects a conflict created when Public Law 2011, chapter 559 amended Title 26, section 1329, subsection 6 and Public Law 2011, chapter 565 repealed Title 26, chapter 16, which contained Title 26, section 1329, subsection 6. This section corrects the conflict by repealing section 1329.
Section 19 corrects a conflict created by Public Law 2013, chapters 459 and 604, which affected the same provision of law, by incorporating the changes made by both laws.
Section 20 corrects a cross-reference.
Section 21 makes technical corrections consistent with the consolidation of 2 departments into the Department of Agriculture, Conservation and Forestry and corrects a clerical error.
Section 22 corrects a reference to the Department of Corrections, Division of Probation and Parole to reflect the elimination of the division.
Section 23 corrects a conflict created by Public Law 2013, chapters 132 and 434, which affected the same provision of law, by incorporating the changes made by both laws.
Section 24 removes a reference to a repealed provision of law.
Section 25 corrects a clerical error, a reference to a date and a cross-reference and makes grammatical changes.
Sections 26 and 27 correct a conflict created by Public Law 2013, chapters 538 and 595, which amended the same provision of law, by repealing the section and replacing it with the chapter 595 version.