LAWS OF MAINE
Second Regular Session of the 118th

Revisor's Report 1997

CHAPTER 1

     Sec. 1. 4 MRSA §17-B, as enacted by PL 1997, c. 362, §1, is reallocated to 4 MRSA §17-C.

EXPLANATION

     This section corrects a numbering problem created by Public Law 1997, chapters 11 and 362, which enacted 2 substantively different provisions with the same section number.

     Sec. 2. 4 MRSA §807, sub-§3, ¶I, as repealed and replaced by PL 1997, c. 393, Pt. A, §6, is corrected to read:

EXPLANATION

     This section corrects a clerical error by deleting the word "or" between paragraphs I and J.

     Sec. 3. 5 MRSA §17751, sub-§2, as amended by PL 1997, c. 190, §1, is corrected to read:

     2. Absence without pay. Except as provided in section 17765 17766, the board may not allow service credit for a period of absence without pay of more than a month's duration for a full-time position.

EXPLANATION

     This section corrects a cross-reference to a section that is reallocated in this report.

     Sec. 4. 5 MRSA §17765, as enacted by PL 1997, c. 190, §2, is reallocated to 5 MRSA §17766.

EXPLANATION

     This section corrects a numbering problem created by Public Law 1997, chapters 161 and 190, which enacted 2 substantively different provisions with the same section number.

     Sec. 5. 8 MRSA §271, sub-§6, as enacted by PL 1997, c. 416, §1, is reallocated to 8 MRSA §271, sub-§7.

     Sec. 6. 8 MRSA §271, sub-§6, as enacted by PL 1997, c. 474, §1, is reallocated to 8 MRSA §271, sub-§8.

     Sec. 7. 8 MRSA §271, sub-§6, as enacted by PL 1997, c. 528, §12, is reallocated to 8 MRSA §271, sub-§9.

EXPLANATION

     This section corrects a numbering problem created by Public Law 1997, chapters 406, 416, 474 and 528, which enacted 4 substantively different provisions with the same subsection number.

     Sec. 8. 12 MRSA §7017, sub-§7, as enacted by PL 1997, c. 513, §1, is reallocated to 12 MRSA §7017, sub-§8.

EXPLANATION

     This section corrects a numbering problem created by Public Law 1997, chapters 312 and 513, which enacted 2 substantively different provisions with the same subsection number.

     Sec. 9. 12 MRSA §7035, sub-§13, ¶A, as amended by PL 1995, c. 667, Pt. A, §6, is corrected to read:

     Sec. 10. 12 MRSA §7035, sub-§13, ¶B, as enacted by PL 1995, c. 436, §1, is corrected to read:

EXPLANATION

     These sections correct cross-references.

     Sec. 11. 12 MRSA §7463-A, sub-§2-A, ¶B, as enacted by PL 1993, c. 206, §4 and affected by §7, is corrected to read:

EXPLANATION

     This section corrects a clerical error by deleting the "and" after paragraph B.

     Sec. 12. 17-A MRSA §602, sub-§2, ¶C, as repealed and replaced by PL 1997, c. 223, §1, is corrected to read:

EXPLANATION

     This section corrects a clerical error by renumbering subparagraphs (i), (ii) and (iii) as subparagraphs (1), (2) and (3).

     Sec. 13. 18-A MRSA §5-507, as enacted by PL 1997, c. 453, §3, is corrected to read:

§5-507 §5-508.  Durable financial power of attorney

     (a) A durable financial power of attorney is a durable power of attorney by which a principal designates another as attorney-in-fact to make decisions on the principal's behalf in matters concerning the principal's finances and property. In the exercise of the powers conferred under a durable financial power of attorney, an attorney-in-fact shall act as a fiduciary under the standards of care applicable to trustees as described by section 7-302. An attorney-in-fact is not authorized to make gifts to the attorney-in-fact or to others unless the durable financial power of attorney explicitly authorizes such gifts.

     (b) A durable financial power of attorney must be notarized by a notary public or an attorney at law.

     (c) A durable financial power of attorney must contain the following language:

     (d) These requirements do not render ineffective a durable financial power of attorney validly executed prior to the effective date of this section.

     Sec. 14. PL 1997, c. 453, §3, first line, is corrected to read:

     Sec. 3. 18-A MRSA §5-507 §5-508 is enacted to read:

EXPLANATION

     These sections correct a numbering problem created by Public Law 1997, chapters 241 and 453, which enacted 2 substantively different provisions with the same section number, and correct internal cross-references to the reallocated section.

     Sec. 15. 19-A MRSA §1615, as enacted by PL 1997, c. 537, §21, is reallocated to 19-A MRSA §1616.

EXPLANATION

     This section corrects a numbering problem created by Public Law 1997, chapters 466 and 537, which enacted 2 substantively different provisions with the same section number.

     Sec. 16. 19-A MRSA §§2104 and 2105, as enacted by PL 1997, c. 466, §8, are reallocated to 19-A MRSA §§2107 and 2108.

EXPLANATION

     This section corrects a numbering problem created by Public Law 1997, chapters 466 and 537, which enacted 4 substantively different provisions with the same section numbers.

     Sec. 17. 19-A MRSA §2361, sub-§3, ¶G, as amended by PL 1997, c. 407, §2 and c. 537, §46, is corrected to read:

     Sec. 18. 19-A MRSA §2361, sub-§3, ¶H, as enacted by PL 1997, c. 407, §3, is corrected to read:

     Sec. 19. 19-A MRSA §2361, sub-§3, ¶H, as enacted by PL 1997, c. 537, §47, is reallocated to 19-A MRSA §2361, sub-§3, ¶I.

EXPLANATION

     These sections correct a lettering problem created by Public Law 1997, chapters 407 and 537, which enacted 2 substantively different provisions with the same paragraph letter, and correct punctuation.

     Sec. 20. 20-A MRSA §7004, as enacted by PL 1997, c. 338, §1, is reallocated to 20-A MRSA §7005.

EXPLANATION

     This section corrects a numbering problem created by Public Law 1997, chapters 308 and 338, which enacted 2 substantively different provisions with the same section number.

     Sec. 21. 22 MRSA §8302-A, sub-§2, as enacted by PL 1997, c. 494, §10, is corrected to read:

     2. Rules for home day care providers. Rules for home day care providers must include, and are limited to, rules pertaining to the following:

Rules adopted pursuant to paragraphs A to F are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A and rules adopted pursuant to paragraphs G to J are major substantive rules pursuant to Title 5, chapter 375, subchapter II-A.

EXPLANATION

     This section corrects a clerical error by adding the word "to."

     Sec. 22. 24-A MRSA §2808-B, sub-§2, ¶D-1, as enacted by PL 1997, c. 370, Pt. E, §6, is reallocated to 24-A MRSA §2808-B, sub-§2, ¶D-2.

EXPLANATION

     This section corrects a numbering problem created by Public Law 1997, chapters 370 and 445, which enacted 2 substantively different provisions with the same paragraph letter.

     Sec. 23. 26 MRSA §1043, sub-§11, ¶F, as amended by PL 1997, c. 349, §2, is further amended by correcting subparagraph (40) to read:

     Sec. 24. 26 MRSA §1043, sub-§11, ¶F, as amended by PL 1997, c. 431, §2, is corrected by reallocating subparagraphs (40) and (41) to subparagraphs (41) and (42).

EXPLANATION

     These sections correct a numbering problem created by Public Law 1997, chapters 349 and 431, which enacted 2 substantively different provisions with the same subparagraph number, and correct punctuation.

     Sec. 25. 26 MRSA §2102, sub-§1, ¶A, as enacted by PL 1987, c. 356, is corrected to read:

EXPLANATION

     This section corrects a cross-reference.

     Sec. 26. 29-A MRSA §453, sub-§1, as amended by PL 1997, c. 437, §6, is corrected to read:

     1. Vanity registration plates. The Secretary of State may issue registration plates that contain letters or a combination of letters and numbers for automobiles, taxi cabs, limousines, pickup trucks, trucks that are registered up to 9,000 pounds gross vehicle weight, motorcycles, motor homes, semitrailers that do not exceed 2,000 pounds and camp trailers. The number of characters appearing on a plate issued under this section may not exceed 7.

EXPLANATION

     This section corrects a punctuation error.

     Sec. 27. 34-B MRSA §1220, sub-§1, ¶A, as enacted by PL 1997, c. 422, §3, is corrected to read:

EXPLANATION

     This section corrects a clerical error by replacing the word "inquires" with the word "inquiries."

     Sec. 28. 36 MRSA §175-A, sub-§4, as amended by PL 1997, c. 526, §10, is corrected to read:

     4. Recording fees part of tax liability. Fees paid by the assessor to registrars of deeds for recording notices of lien pursuant to subsection 1 and notices of release of a lien pursuant to subsection 2 may be added to the tax liability that gave rise to the lien and, in the case of a tax imposed by this Title, may be collected by all the methods provided for in chapter 7. In the case of other obligations owned owed to the State and authorized to be collected by the bureau, the fees may be collected by any collection method authorized by this section or section 176-A.

EXPLANATION

     This section corrects a clerical error by replacing the word "owned" with the word "owed."

     Sec. 29. PL 1997, c. 18, §1, is corrected to read:

     Sec. 1. 18-A MRSA §1-602, as amended by PL 1993, c. 148, §§3 and 4, is further amended to read:

§1-602. Filing and certification fees

     The register of probate shall must receive the following fees for filing or certifying documents:

     (1) For making and certifying to the register of deeds copies of devises of real estate, abstracts of petitions for appointment of a personal representative or for an elective share and any other document for which certification is required, $6 $8, except as otherwise expressly provided by law. The fee must be paid by the personal representative, petitioner or other person filing the document to be certified when the copy of the devise or abstracts is made. The register of probate shall deliver the certified document to the register of deeds together with the fee for recording as provided by Title 33, section 751. The personal representative, petitioner, applicant or other person requesting the certification shall pay the recording fee to the register of probate.

     (2) For receiving and entering each petition or application for all estates, testate and intestate, including foreign estates, and the filing of a notice by a domiciliary foreign personal representative, except for the filing of a successor personal representative, when the value of the estate is:

     (3) For making copies from the records of the court, $1 for the first each page plus 50¢ for each additional page; except the charge for furnishing to the personal representative one copy of each will probated shall be $1.

     (4) For each certificate, under seal of the court, of the appointment and qualification of a personal representative, guardian, conservator or trustee, $3 $5, and for each double certificate, $5 $10.

     (5) For filing a petition for appointment as guardian, $10 $25.

     (6) For filing application for involuntary hospitalization, $10.

     (7) For filing a joined petition for guardian and conservator, $20 $35.

     (8) For filing any other formal proceeding, $10 $15.

     (9) For filing a petition for appointment of conservator, $10 $25.

     (10) For all other subsequent informal appointments, $15.

EXPLANATION

     This section corrects a clerical error by replacing the word "receives," which appeared in the public law, with the phrase "must receive."

     Sec. 30. PL 1997, c. 24, Pt. PP, §1, is corrected to read:

     *Sec. PP-1. 22 MRSA §3024-A, first ¶, as amended by PL 1983, c. 534, §1, is further amended to read:

     The salary of the Chief Medical Examiner of the State of Maine shall must be set by the Governor. Other nonsalaried medical examiners shall, upon the submission of their completed report to the Chief Medical Examiner, must be paid a fee of $45 $70 for an inspection and view and shall are entitled to receive travel expenses to be calculated at the mileage rate currently paid to state employees pursuant to Title 5, section 8. An additional fee of $20 $50 may be authorized by the Chief Medical Examiner for payment to other nonsalaried medical examiners for visits to death scenes other than hospitals.

EXPLANATION

     This section corrects a clerical error by replacing "aNNitional," which appeared in the public law, with the proper word "additional."

     Sec. 31. PL 1997, c. 24, Pt. RR, §1, is corrected to read:

     Sec. RR-1. 15 MRSA §3203-A, sub-§1, ¶B-1, as amended by PL 1993, c. 354, §1, is further amended to read:

EXPLANATION

     This section corrects a clerical error by replacing "aNNitional," which appeared in the public law, with the proper word "additional."

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