Professional Documents
Culture Documents
Laws of The State of Maine Passed by 131st Legislature
Laws of The State of Maine Passed by 131st Legislature
OF THE
STATE OF MAINE
AS PASSED BY THE
Augusta, Maine
2023
TABLE OF CONTENTS
VOLUME 1
Preface ................................................................................................................................................... V
Legislative Statistics ................................................................................................................................VI
Directory of Civil Government:
Constitutional Officers .....................................................................................................................IX
Executive Branch .............................................................................................................................. X
Judicial Branch .................................................................................................................................XI
Legislative Branch ........................................................................................................................ XIII
III
OTHER MATTERS
Joint Study Orders of 2023 Passed at the First Regular Session and the First Special Session ........... 1091
Revisor's Report 2021,
Chapter 2 ...................................................................................................................................... 1093
Selected Memorials and Joint Resolutions .......................................................................................... 1155
State of the Budget Address by Governor Janet T. Mills,
February 14, 2023 ........................................................................................................................ 1159
State of the Judiciary Address by Chief Justice Valerie Stanfill,
March 23, 2023 ............................................................................................................................ 1171
Cross-reference Tables......................................................................................................................... 1177
Subject Index ....................................................................................................................................... 1205
IV
PREFACE
The 2023 edition of Laws of the State of Maine is the official publication of the session laws of the State of
Maine enacted by the 131st Legislature and is compiled and published under the authority of the Maine Revised
Statutes, Title 3, section 163-A. Laws of the State of Maine has been in continuous publication since 1820, when
the acts and resolves adopted by the First Legislature were published by the Secretary of State under the authority
of Resolve 1820, chapter 25.
Volume 1 contains the public laws, private and special laws, resolves and constitutional resolutions enacted at
the First Regular Session and the First Special Session of the 131st Legislature and includes the 2021 Revisor's
Report, chapter 2 and a selection of significant addresses, joint resolutions and memorials.
Additional volumes of the 2023 Laws of the State of Maine will contain those measures adopted in the Second
Regular Session and any other special session of the 131st Legislature.
The following conventions are used throughout the series.
1. At the top of each page is a heading that classifies each law by session of passage, year, type and chapter
number.
2. A table of contents that locates major divisions and contents by page number is located at the beginning of
each volume.
3. Subject indexes of the documents contained in these volumes, arranged alphabetically by subject heading
with corresponding chapter numbers, are provided.
4. Session cross-reference tables are also provided showing how unallocated public laws and titles and
sections of the Maine Revised Statutes of 1964 have been affected by the laws included in this publication.
5. Words and phrases deleted from the statutes are shown struck through. When an entire unit is repealed,
the text that is repealed is not shown struck through, but its repeal is indicated by express language.
6. When new words or sections are added to the statutes, they are underlined.
7. A chaptered law's Legislative Document number is printed beneath its chapter number heading, indicating
the source of the chapter.
8. The effective date for Maine laws is provided for in the Constitution of Maine, Article IV, Part Third,
Section 16, which specifies that, except for certain emergency legislation, an act or resolve enacted into law
takes effect 90 days after the adjournment of the session in which it passed. The general effective date of
nonemergency laws passed at the First Regular Session of the 131st Legislature is June 29, 2023 and the
general effective date of nonemergency laws passed at the First Special Session of the 131st Legislature is
October 25, 2023. The effective dates of emergency legislation vary and are provided at the ends of the
chapters that were enacted as emergencies.
Copies of a specific chaptered law may be obtained by contacting the Engrossing Division of this office. Laws
of the State of Maine is also available online through the website of the Office of the Revisor of Statutes at
http://legislature.maine.gov/ros/LOM/LOMpdfDirectory.htm.
This edition of Laws of the State of Maine and its predecessors have been prepared for the convenience of the
people of the State of Maine, and any comments or suggestions for improvements in subsequent editions would be
appreciated.
Edward A. Charbonneau
Revisor of Statutes
October 2023
V
LEGISLATIVE STATISTICS
VI
LEGISLATIVE STATISTICS
*Pursuant to Joint Order 2023, S.P. 594, all matters before the First Regular Session of the
131st Legislature were held over to the First Special Session.
VII
CIVIL GOVERNMENT
OF THE
STATE OF MAINE
FOR THE POLITICAL YEARS 2023 AND 2024
CONSTITUTIONAL OFFICERS
Governor
Janet T. Mills
Secretary of State
Shenna L. Bellows
Attorney General
Aaron M. Frey
Treasurer of State
Henry Beck
IX
EXECUTIVE BRANCH
STATE DEPARTMENTS
Governor
Janet T. Mills
Administrative and Financial Services, Department of Health and Human Services, Department of
Commissioner ...................................... Kirsten Figueroa Commissioner ................................ Jeanne M. Lambrew
Agriculture, Conservation and Forestry, Department of Inland Fisheries and Wildlife, Department of
Commissioner ....................................... Amanda E. Beal Commissioner .................................... Judith A. Camuso
Corrections, Department of Labor, Department of
Commissioner ................................... Randall A. Liberty Commissioner ......................................... Laura Fortman
Defense, Veterans and Emergency Management, Marine Resources, Department of
Department of Commissioner ........................................ Patrick Keliher
Commissioner ................................ Douglas A. Farnham Professional and Financial Regulation, Department of
Economic and Community Development, Department of Commissioner .......................................... Anne L. Head
Commissioner ...................................... Heather Johnson Public Safety, Department of
Education, Department of Commissioner ................................. Michael Sauschuck
Commissioner .......................................... Pender Makin Transportation, Department of
Environmental Protection, Department of Commissioner .................................. Bruce A. Van Note
Commissioner ...................................... Melanie Loyzim
EXECUTIVE DEPARTMENT
Public Advocate ................................ William S. Harwood Office of Policy Innovation and the Future
Director ................................................. Hannah Pingree
X
JUDICIAL BRANCH
SUPREME JUDICIAL COURT
Chief Justice
Valerie Stanfill .................................................................................................................................................................. Augusta
Associate Justices
SUPERIOR COURT
Chief Justice
Robert E. Mullen ......................................................................................................................................................... Skowhegan
Justices
XI
DISTRICT COURT
Resident Judges
Active Retired
COURT ADMINISTRATORS
XII
LEGISLATIVE BRANCH
LEGISLATURE
SENATE
Troy D. Jackson, President
District 1 Troy D. Jackson ........................... Aroostook District 19 Lisa M. Keim .................................... Oxford
District 2 Harold "Trey" L. Stewart, III ....... Aroostook District 20 Eric Brakey ............................ Androscoggin
District 3 Bradlee T. Farrin ............................ Somerset District 21 Margaret “Peggy” Rotundo ... Androscoggin
District 4 Stacey K. Guerin. ......................... Penobscot District 22 James D. Libby ......................... Cumberland
District 5 Russell J. Black ............................... Franklin District 23 Matthea E. L. Daughtry ............ Cumberland
District 6 Marianne Moore......................... Washington District 24 Eloise A. Vitelli .......................... Sagadahoc
District 7 Nicole C. Grohoski ......................... Hancock District 25 Teresa S. Pierce ........................ Cumberland
District 8 Mike Tipping ............................... Penobscot District 26 Timothy E. Nangle ................... Cumberland
District 9 Joseph M. Baldacci ...................... Penobscot District 27 Jill C. Duson ............................. Cumberland
District 10 Peter A. Lyford ........................... Penobscot District 28 Benjamin M. Chipman ............. Cumberland
District 11 Glenn "Chip" Curry........................... Waldo District 29 Anne M. Carney ....................... Cumberland
District 12 Pinny Beebe-Center ............................ Knox District 30 Stacy F. Brenner ....................... Cumberland
District 13 Cameron Reny ................................ Lincoln District 31 Donna Bailey ....................................... York
District 14 Craig V. Hickman ........................ Kennebec District 32 Henry L. Ingwersen ............................. York
District 15 Matthew G. Pouliot ...................... Kennebec District 33 Matthew A. Harrington........................ York
District 16 David P. LaFountain .................... Kennebec District 34 Joseph E. Rafferty, Jr. .......................... York
District 17 Jeffrey L. Timberlake ............ Androscoggin District 35 Mark W. Lawrence .............................. York
District 18 Richard A. Bennett........................... Oxford
OFFICERS
Troy D. Jackson, President
Darek M. Grant, Secretary of the Senate
Jared T. Roy, Assistant Secretary of the Senate
XIII
Office of the Secretary of the Senate Senate Chamber Staff
Jennifer Clark, Senior Office Manager Bruce Pelletier, Sergeant-at-Arms
Alex Ferguson, Executive Assistant Lynn Cayford, Assistant Sergeant-at-Arms
Benjamin Daggett, Chief Calendar Clerk Brodie Morse, Chamber Staff
Eva Reed, Calendar Clerk Clinton Ombito, Chamber Staff
Carolyn Naiman, Senior Stamping Clerk Diane Steward, Chamber Staff
Barbara Thayer, Reporter
Bruce Bryant, Board Operator
XIV
HOUSE OF REPRESENTATIVES
Rachel Talbot Ross, Speaker
District 1 Austin L. Theriault ........................ Fort Kent District 45 Clinton E. Collamore, Sr. (resigned)
District 2 Roger Clarence Albert ............... Madawaska ......................................................... Waldoboro
District 3 Mark Michael Babin ................. Fort Farfield District 45 Abden S. Simmons .................... Waldoboro
District 4 Timothy C. Guerrette ....................... Caribou District 46 Lydia V. Crafts ............................ Newcastle
District 5 Joseph F. Underwood ................ Presque Isle District 47 Edward J. Polewarcyk ................. Wiscasset
District 6 Donald J. Ardell .......................... Monticello District 48 Holly B. Stover ............................. Boothbay
District 7 Gregory Lewis Swallow................... Houlton District 49 Allison Hepler ............................. Woolwich
District 8 Tracy L. Quint ................................ Hodgdon District 50 Sean C. Paulhus (resigned) ................... Bath
District 9 Anne C. Perry...................................... Calais District 51 Rebecca L. Jauch .......................... Topsham
District 10 Kenneth Ralph Davis ..............East Machias District 52 Sally Jeane Cluchey ................ Bowdoinham
District 11 Tiffany Strout ............................. Harrington District 53 Michael H. Lemelin ......................... Chelsea
District 12 Billy Bob Faulkingham .........Winter Harbor District 54 Karen L. Montell ........................... Gardiner
District 13 J. Mark Worth .............................. Ellsworth District 55 Daniel Joseph Shagoury ...............Hallowell
District 14 Lynne A. Williams ..................... Bar Harbor District 56 Randall Adam Greenwood ................ Wales
District 15 Holly Rae Eaton ............................ Deer Isle District 57 Tavis Rock Hasenfus .................... Readfield
District 16 Nina Azella Milliken ..................... Blue Hill District 58 Daniel J. Newman ......................... Belgrade
District 17 Ronald B. Russell.................. Verona Island District 59 Raegan French LaRochelle ............. Augusta
District 18 Meldon H. Carmichael ................Greenbush District 60 William R. Bridgeo......................... Augusta
District 19 Richard H. Campbell.................... Orrington District 61 Richard T. Bradstreet ................. Vassalboro
District 20 Kevin J. M. O'Connell...................... Brewer District 62 Katrina J. Smith .............................. Palermo
District 21 Ambureen Rana ............................... Bangor District 63 Scott Wynn Cyrway.......................... Albion
District 22 Laura D. Supica ............................... Bangor District 64 Colleen M. Madigan ................... Waterville
District 23 Amy J. Roeder ................................. Bangor District 65 Bruce A. White ........................... Waterville
District 24 Joseph C. Perry ................................ Bangor District 66 Robert W. Nutting .......................... Oakland
District 25 Laurie Osher.......................................Orono District 67 Shelly Rudnicki ..............................Fairfield
District 26 James F. Dill ................................Old Town District 68 Amanda N. Collamore ................... Pittsfield
District 27 Gary A. Drinkwater......................... Milford District 69 Dean A. Cray .................................. Palmyra
District 28 Irene A. Gifford .............................. Lincoln District 70 Jennifer L. Poirier ...................... Skowhegan
District 29 Kathy Irene Javner ........................... Chester District 71 John "Jack" E. Ducharme .............. Madison
District 30 James Lee White ............................ Guilford District 72 Larry C. Dunphy............................. Embden
District 31 Chad Richard Perkins.......... Dover-Foxcroft District 73 Michael Soboleski ........................... Phillips
District 32 Steven D. Foster ................................ Dexter District 74 Randall C. Hall ................................. Wilton
District 33 Danny Edward Costain ................ Plymouth District 75 H. Scott Landry ......................... Farmington
District 34 Abigail W. Griffin ............................. Levant District 76 Sheila A. Lyman ................. Livermore Falls
District 35 James E. Thorne ............................... Carmel District 77 Tammy L. Schmersal-Burgess ......... Mexico
District 36 David G. Haggan.......................... Hampden District 78 Rachel A. Henderson ..................... Rumford
District 37 Reagan L. Paul ........................... Winterport District 79 John Andrews ...................................... Paris
District 38 Benjamin C. Hymes .......................... Waldo District 80 Caldwell Jackson .............................. Oxford
District 39 Janice S. Dodge .................................Belfast District 81 H. Sawin Millett .......................... Waterford
District 40 Stanley Paige Zeigler ................... Montville District 82 Caleb Joshua Ness ......................... Fryeburg
District 41 Victoria W. Doudera .......................Camden District 83 Walter N. Riseman ........................ Harrison
District 42 Valli D. Geiger ..............................Rockland District 84 Mark Walker ..................................... Naples
District 43 Ann Higgins Matlack .................. St. George District 85 Kimberly J. Pomerleau ...................Standish
District 44 William D. Pluecker ......................... Warren District 86 Jessica L. Fay................................ Raymond
District 87 David W. Boyer ................................ Poland
XV
District 88 Kathy A. Shaw ................................. Auburn District 123 Rebecca J. Millett ............... Cape Elizabeth
District 89 Adam R. Lee .................................... Auburn District 124 Sophia B. Warren ................... Scarborough
District 90 Laurel D. Libby ................................ Auburn District 125 Kelly Noonan Murphy ............ Scarborough
District 91 Joshua Morris .................................... Turner District 126 Drew Gattine ............................. Westbrook
District 92 Stephen J. Wood .............................. Greene District 127 Morgan J. Rielly ........................ Westbrook
District 93 Margaret Craven ........................... Lewiston District 128 Suzanne M. Salisbury ................ Westbrook
District 94 Kristen Cloutier............................. Lewiston District 129 Margaret M. O'Neil ............................ Saco
District 95 Mana H. Abdi................................ Lewiston District 130 Lynn H. Copeland............................... Saco
District 96 Michel A. Lajoie ........................... Lewiston District 131 Lori K. Gramlich ......... Old Orchard Beach
District 97 Richard G. Mason ............................. Lisbon District 132 Erin R. Sheehan .......................... Biddeford
District 98 Joseph C. Galletta ........................... Durham District 133 Marc G. Malon ........................... Biddeford
District 99 Cheryl A. Golek .......................... Harpswell District 134 Traci Gere ...........................Kennebunkport
District 100 Daniel J. Ankeles .......................Brunswick District 135 Daniel Sayre ............................. Kennebunk
District 101 Poppy Arford .............................Brunswick District 136 Heidi H. Sampson ............................. Alfred
District 102 Melanie F. Sachs ........................... Freeport District 137 Nathan M. Carlow ...........................Buxton
District 103 Arthur L. Bell .............................. Yarmouth District 138 Mark John Blier ...............................Buxton
District 104 Amy Bradstreet Arata ....... New Gloucester District 139 David Woodsome ...................... Waterboro
District 105 Anne P. Graham ............... North Yarmouth District 140 Wayne R. Parry ............................. Arundel
District 106 Barbara A. Bagshaw ................... Windham District 141 Lucas John Lanigan ........................ Sanford
District 107 Jane P. Pringle............................. Windham District 142 Anne-Marie Mastraccio .................. Sanford
District 108 Maureen Fitzgerald Terry .............. Gorham District 143 Ann Fredericks ............................... Sanford
District 109 James A. Boyle .............................. Gorham District 144 Jeffrey Sean Adams ...................... Lebanon
District 110 Stephen W. Moriarty ............... Cumberland District 145 Daniel J. Hobbs ................................. Wells
District 111 Amy D. Kuhn ...............................Falmouth District 146 Walter Gerard Runte ........................... York
District 112 W. Edward Crockett ...................... Portland District 147 Holly T. Sargent ................................. York
District 113 Grayson B. Lookner ...................... Portland District 148 Thomas A. Lavigne ....................... Berwick
District 114 Benjamin T. Collings .................... Portland District 149 Tiffany Roberts ....................South Berwick
District 115 Michael F. Brennan ....................... Portland District 150 Michele Meyer.................................... Eliot
District 116 Samuel Lewis Zager...................... Portland District 151 Kristi Michele Mathieson ................ Kittery
District 117 Matt Moonen................................. Portland
District 118 Rachel Talbot Ross ....................... Portland Tribal Representatives
District 119 Charles A. Skold ........................... Portland Aaron M. Dana ............................... Passamaquoddy Tribe
District 120 Deqa Dhalac ........................ South Portland (Vacant)........................Houlton Band of Maliseet Indians
District 121 Chistopher J. Kessler........... South Portland (Vacant)..................................................Penobscot Nation
District 122 Lois Galgay Reckitt ............ South Portland
XVI
OFFICERS
Rachel Talbot Ross, Speaker
Robert B. Hunt, Clerk of the House
Michelle Dunphy, Assistant Clerk of the House
XVII
LEGISLATIVE COUNCIL
President Troy D. Jackson, Chair Sen. Lisa Keim
Speaker Rachel Talbot Ross, Vice-Chair Rep. Maureen Terry
Sen. Eloise A. Vitelli Rep. Kristen Cloutier
Sen. Matthea E. L. Daughtry Rep. Billy Bob Faulkingham
Sen. Harold "Trey" Stewart, III Rep. Amy Bradstreet Arata
XVIII
Office of Fiscal and Program Review
Christopher W. Nolan, Director
Marc A. Cyr, Principal Analyst Lucia Nixon, Analyst
Maureen S. Dawson, Principal Analyst Michael Russo, Analyst
Julie Jones, Senior Analyst Suzanne N. Voynik, Analyst
Luke Lazure, Senior Analyst Mandy Connor, Administrative Secretary
Rachel B. Tremblay, Senior Analyst Justin Purvis, Secretary/Clerk
XIX
PUBLIC LAWS OF THE STATE OF MAINE
AS PASSED AT
THE FIRST REGULAR SESSION OF THE
ONE HUNDRED AND THIRTY-FIRST LEGISLATURE
2023
1
PUBLIC LAW, C. 1 FIRST REGULAR SESSION - 2023
2
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 1
B. "Eligible recipient" means an individual who: dividual of any adverse determination. This deter-
mination is final agency action not reviewable pur-
(1) Filed, by October 31, 2022, a Maine in-
come tax return as a full-year resident of the suant to the Maine Revised Statutes, Title 36, sec-
tion 151.
State for the tax year;
D. By September 30, 2023, the assessor shall make
(2) Had, and reported to the Department of Ad- a relief payment to each eligible recipient deter-
ministrative and Financial Services, Maine
Revenue Services by October 31, 2022 on an mined eligible pursuant to paragraph C. Funds for
the relief payments must come from the fund and,
income tax return, federal adjusted gross in- notwithstanding any law to the contrary, are not
come for the tax year of less than:
subject to setoff to debts owed to agencies of the
(a) For individuals filing married joint re- State.
turns or surviving spouses permitted to
file a joint return, $200,000;
Sec. B-4. State income tax subtraction mod-
ification. For tax years beginning on or after January
(b) For an individual filing as a head of 1, 2023 but not later than December 31, 2023, in deter-
household, $150,000; mining the taxable income of an individual, within the
meaning of the Maine Revised Statutes, Title 36, sec-
(c) For a single individual, $100,000; or
tion 5122, federal adjusted gross income must be re-
(d) For a married individual filing a sepa- duced by an amount equal to the relief payment re-
rate return, $100,000; and ceived by the taxpayer pursuant to this Part, to the ex-
(3) May not be claimed as a dependent on an- tent the payment is included in federal adjusted gross
income for the taxable year.
other taxpayer's return for the tax year.
C. "Fund" means the Winter Energy Relief Pay-
Sec. B-5. Designation as unclaimed prop-
ment Program Fund Other Special Revenue Funds
erty. For purposes of the Winter Energy Relief Pay-
account established by the State Controller pursu- ment Program, relief payment checks that remain unde-
posited on March 31, 2024 are to be treated as un-
ant to section 1. claimed property, not subject to the notice and receipt
D. "Relief payment" means a relief payment in the provisions established in the Maine Revised Statutes,
amount of $450. Title 33, section 2101 and the one-year dormancy pe-
riod specified in Title 33, section 2061, as applied to
E. "Tax year" means a tax year beginning on or af-
ter January 1, 2021 but not later than December 31, such checks. The Treasurer of State shall use unclaimed
property systems and networks to find the proper recip-
2021. ients of such checks as quickly as possible.
Any other terms used in this section have the same Sec. B-6. Transfer between Winter Energy
meanings as when used in a comparable context in the
Maine Revised Statutes, Title 36, Part 8 relating to Relief Payment Program Fund Other Special
Maine income taxes, unless different meanings are
Revenue Funds account and COVID Pandemic
clearly required.
Relief Payment Program Fund Other Special
Revenue Funds account. Notwithstanding any pro-
2. Winter energy relief payment. The assessor vision of law to the contrary, on or before June 30,
shall make relief payments in accordance with this sub- 2024, the State Controller may transfer the available
section. balance within the Department of Administrative and
Financial Services, COVID Pandemic Relief Payment
A. The assessor shall identify each eligible recipi- Program Fund Other Special Revenue Funds account to
ent.
the Department of Administrative and Financial Ser-
B. Beginning as soon as administratively feasible vices, Winter Energy Relief Payment Program Fund
but not later than March 15, 2023, the assessor shall Other Special Revenue Funds account. Amounts trans-
make a relief payment to each eligible recipient. ferred may be expended based on allotment established
Funds for the relief payments must come from the by financial order recommended by the State Budget
fund and, notwithstanding any law to the contrary, Officer and approved by the Governor.
are not subject to setoff to debts owed to agencies Sec. B-7. Appropriations and alloca-
of the State.
tions. The following appropriations and allocations
C. An individual who has not received a relief pay- are made.
ment under paragraph B may provide documenta-
ADMINISTRATIVE AND FINANCIAL
tion to the assessor by June 30, 2023 showing that SERVICES, DEPARTMENT OF
the individual is an eligible recipient. The assessor
shall review the documentation, determine if the Winter Energy Relief Payment Program N960
individual is an eligible recipient and notify the in-
3
PUBLIC LAW, C. 1 FIRST REGULAR SESSION - 2023
Initiative: Provides one-time funding for a disaster re- Pandemic Relief Payment Program Fund Other Special
lief program that will provide a $450 relief payment to Revenue Funds account to support the higher than esti-
each eligible recipient. The costs of administration, pro- mated number of eligible recipients.
gramming, mailing, public outreach and taxpayer assis-
tance must also come from this fund. Sec. C-4. Transfer between COVID Pan-
demic Relief Payment Program Fund Other
OTHER SPECIAL 2022-23 2023-24 2024-25 Special Revenue Funds account and Winter
REVENUE FUNDS Energy Relief Payment Program Fund Other
All Other $398,000,000 $500 $0 Special Revenue Funds account. Notwithstanding
__________ __________ _________ any provision of law to the contrary, on or before June
OTHER SPECIAL $398,000,000 $500 $0 30, 2024, the State Controller may transfer the available
REVENUE FUNDS
TOTAL
balance within the Department of Administrative and
Financial Services, Winter Energy Relief Payment Pro-
PART C gram Fund Other Special Revenue Funds account to the
Sec. C-1. Transfer between COVID Disas- Department of Administrative and Financial Services,
ter Relief Payment Fund Other Special Reve- COVID Pandemic Relief Payment Program Fund Other
nue Funds account and COVID Pandemic Re- Special Revenue Funds account. Amounts transferred
lief Payment Program Fund Other Special Rev- may be expended based on allotment established by fi-
enue Funds account. Notwithstanding any provi- nancial order recommended by the State Budget Officer
sion of law to the contrary, on or before June 30, 2023, and approved by the Governor.
the State Controller shall transfer $385,754 from the Sec. C-5. Appropriations and alloca-
available balance within the Department of Administra- tions. The following appropriations and allocations
tive and Financial Services, COVID Disaster Relief are made.
Payment Fund Other Special Revenue Funds account to
the Department of Administrative and Financial Ser- ADMINISTRATIVE AND FINANCIAL
vices, COVID Pandemic Relief Payment Program Fund SERVICES, DEPARTMENT OF
Other Special Revenue Funds account in order to sup- COVID Pandemic Relief Payment Program Z337
port the higher than estimated number of eligible recip-
ients. Funds are available based on lower than estimated Initiative: Provides one-time funding to complete the
COVID disaster relief payments, as authorized in Pub- $850 pandemic relief payment to each eligible resident
lic Law 2021, chapter 398, Part HHHH and expended of the State as authorized in Public Law 2021, chapter
in fiscal year 2021-22. 635, Part L.
OTHER SPECIAL 2022-23 2023-24 2024-25
Sec. C-2. Transfer between Homestead REVENUE FUNDS
Property Tax Exemption Reimbursement, All Other $11,494,184 $0 $0
Other Special Revenue Funds account and __________ __________ _________
COVID Pandemic Relief Payment Program OTHER SPECIAL $11,494,184 $0 $0
Fund Other Special Revenue Funds account. REVENUE FUNDS
Notwithstanding any provision of law to the contrary, TOTAL
on or before June 30, 2023, the State Controller shall
transfer $6,674,993 from the available balance within
PART D
the Department of Administrative and Financial Ser- Sec. D-1. Appropriations and alloca-
vices, Homestead Property Tax Exemption Reimburse- tions. The following appropriations and allocations
ment, Other Special Revenue Funds account to the De- are made.
partment of Administrative and Financial Services,
COVID Pandemic Relief Payment Program Fund Other HEALTH AND HUMAN SERVICES,
DEPARTMENT OF
Special Revenue Funds account in order to support the
higher than estimated number of eligible recipients. Developmental Services Waiver - MaineCare Z211
Funds are available based on lower than estimated
Initiative: Adjusts funding for the 6.2% increase in the
homestead reimbursements in fiscal year 2021-22 and Federal Medical Assistance Percentage based on the ex-
fiscal year 2022-23.
tension of the national public health emergency related
Sec. C-3. Transfer from General Fund un- to the COVID-19 pandemic.
appropriated surplus; COVID Pandemic Relief GENERAL FUND 2022-23 2023-24 2024-25
Payment Program Fund Other Special Reve- All Other ($23,793,537) $0 $0
nue Funds account. Notwithstanding any provision __________ __________ _________
of law to the contrary, on or before June 30, 2023, the GENERAL FUND ($23,793,537) $0 $0
State Controller shall transfer $4,433,437 from the un- TOTAL
appropriated surplus of the General Fund to the Depart-
ment of Administrative and Financial Services, COVID Developmental Services Waiver - Supports Z212
4
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 1
Initiative: Adjusts funding for the 6.2% increase in the All Other $135,675,538 $0 $0
Federal Medical Assistance Percentage based on the ex- __________ __________ _________
tension of the national public health emergency related FEDERAL $135,675,538 $0 $0
to the COVID-19 pandemic. EXPENDITURES
FUND TOTAL
GENERAL FUND 2022-23 2023-24 2024-25
All Other ($5,273,489) $0 $0 FUND FOR A 2022-23 2023-24 2024-25
__________ __________ _________ HEALTHY MAINE
GENERAL FUND ($5,273,489) $0 $0 All Other ($3,986,788) $0 $0
TOTAL __________ __________ _________
Medicaid Services - Developmental Services Z210 FUND FOR A ($3,986,788) $0 $0
HEALTHY MAINE
Initiative: Adjusts funding for the 6.2% increase in the TOTAL
Federal Medical Assistance Percentage based on the ex-
tension of the national public health emergency related FEDERAL BLOCK 2022-23 2023-24 2024-25
to the COVID-19 pandemic. GRANT FUND
All Other $1,941,382 $0 $0
GENERAL FUND 2022-23 2023-24 2024-25 __________ __________ _________
All Other ($4,649,892) $0 $0 FEDERAL BLOCK $1,941,382 $0 $0
__________ __________ _________ GRANT FUND TOTAL
GENERAL FUND ($4,649,892) $0 $0
TOTAL Mental Health Services - Child Medicaid Z207
Medicaid Waiver for Brain Injury Residential Initiative: Adjusts funding for the 6.2% increase in the
/Community Serv Z218 Federal Medical Assistance Percentage based on the ex-
tension of the national public health emergency related
Initiative: Adjusts funding for the 6.2% increase in the to the COVID-19 pandemic.
Federal Medical Assistance Percentage based on the ex-
tension of the national public health emergency related GENERAL FUND 2022-23 2023-24 2024-25
to the COVID-19 pandemic. All Other ($5,061,792) $0 $0
__________ __________ _________
GENERAL FUND 2022-23 2023-24 2024-25 GENERAL FUND ($5,061,792) $0 $0
All Other ($1,054,699) $0 $0 TOTAL
__________ __________ _________
GENERAL FUND ($1,054,699) $0 $0 Mental Health Services - Community Medicaid
TOTAL Z201
Medicaid Waiver for Other Related Conditions Initiative: Adjusts funding for the 6.2% increase in the
Z217 Federal Medical Assistance Percentage based on the ex-
tension of the national public health emergency related
Initiative: Adjusts funding for the 6.2% increase in the to the COVID-19 pandemic.
Federal Medical Assistance Percentage based on the ex-
tension of the national public health emergency related GENERAL FUND 2022-23 2023-24 2024-25
to the COVID-19 pandemic. All Other ($6,481,869) $0 $0
__________ __________ _________
GENERAL FUND 2022-23 2023-24 2024-25 GENERAL FUND ($6,481,869) $0 $0
All Other ($474,268) $0 $0 TOTAL
__________ __________ _________
GENERAL FUND ($474,268) $0 $0 Nursing Facilities 0148
TOTAL Initiative: Adjusts funding for the 6.2% increase in the
Medical Care - Payments to Providers 0147 Federal Medical Assistance Percentage based on the ex-
tension of the national public health emergency related
Initiative: Adjusts funding for the 6.2% increase in the to the COVID-19 pandemic.
Federal Medical Assistance Percentage based on the ex-
tension of the national public health emergency related GENERAL FUND 2022-23 2023-24 2024-25
to the COVID-19 pandemic. All Other ($23,290,221) $0 $0
__________ __________ _________
GENERAL FUND 2022-23 2023-24 2024-25 GENERAL FUND ($23,290,221) $0 $0
All Other ($84,923,871) $0 $0 TOTAL
__________ __________ _________
GENERAL FUND ($84,923,871) $0 $0 FEDERAL 2022-23 2023-24 2024-25
TOTAL EXPENDITURES
FUND
FEDERAL 2022-23 2023-24 2024-25 All Other $23,290,221 $0 $0
EXPENDITURES
FUND
5
PUBLIC LAW, C. 2 FIRST REGULAR SESSION - 2023
6
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 2
Whereas, the cost of gasoline has increased sub- and from that Legislator's place of abode as state em-
stantially; and ployees receive at a rate of 55¢ per mile or the federal
Whereas, immediate action is needed to correct standard mileage rate, whichever is lower, the mileage
to be determined by the most reasonable direct route,
these travel-related expense reimbursement shortages; except that Legislators may be reimbursed for tolls paid
and
for travel on the Maine Turnpike as long as they have a
Whereas, in the judgment of the Legislature, receipt for payment of the tolls, such tolls to be reim-
these facts create an emergency within the meaning of bursed when Legislators use the Maine Turnpike in
the Constitution of Maine and require the following leg- traveling to and from sessions of the Legislature or in
islation as immediately necessary for the preservation performance of duly authorized committee assign-
of the public peace, health and safety; now, therefore, ments. Each Legislator is entitled to mileage on the first
Be it enacted by the People of the State of Maine day of the session, and those amounts of salary and ex-
penses at such times as the Legislature may determine
as follows: during the session, and the balance at the end of the ses-
Sec. 1. 3 MRSA §2, as amended by PL 2019, c. sion.
475, §§11 and 12, is further amended by amending the
section headnote to read: Sec. 3. 3 MRSA §2, 4th ¶, as corrected by RR
2001, c. 2, Pt. A, §1, is amended to read:
§2. Salary, expenses compensation and travel
Except as provided in this section, each member of
travel-related expenses of Members of the the Senate and House of Representatives is entitled to
Legislature and representatives of Indian
tribes the travel-related expenses of a meal allowance in the
amount of $32 $50 and a housing allowance in the
Sec. 2. 3 MRSA §2, first ¶, as amended by PL amount of $38 $70 for each day in attendance at ses-
2011, c. 380, Pt. QQQQ, §1, is further amended to read: sions of the Legislature and for each day the member
occupies overnight accommodations away from home
Each member of the Senate and House of Repre- either immediately preceding or immediately following
sentatives, beginning with the first Wednesday of De-
cember 2000 and thereafter, is entitled to $10,815 in the attendance at daily sessions of the Legislature. The pre-
siding officers may establish reasonable policies re-
first year and $7,725 in the 2nd year of each biennium, garding allowances for meals and overnight accommo-
except that if a Legislator who is a recipient of retire-
ment benefits from the federal Social Security Admin- dations for the day immediately preceding the session,
which may include policies regarding whether an al-
istration files a written request with the Executive Di- lowance is paid, whether the full amount or a portion of
rector of the Legislative Council within one week after
the biennium commences, the Legislator is entitled to the statutory allowance is paid and whether receipts are
required. In lieu of the meal and housing allowance,
$9,270 in each year of the biennium. Each member of each member is entitled to a daily meal allowance in the
the Senate and the House of Representatives must re-
ceive a cost-of-living adjustment in annual legislative amount of $32 $50 and actual daily mileage allowances
in an amount up to but not exceeding $38 per day. Each
salary, except that the percentage increase may not ex- member of the Senate also receives an annual allowance
ceed 5% in any year, and except that the percentage in-
crease may not exceed 3% beginning with the fiscal for constituent services in the amount of $2,000, $1,300
in January and $700 in the month following adjourn-
year ending June 30, 2014. Beginning December 1, ment of the regular session. Each member of the House
2001, the salary for each legislative session must be ad-
justed each December 1st by the percentage change in of Representatives also receives an annual allowance
for constituent services in the amount of $1,500, $1,005
the Consumer Price Index for the most recently con- in January and $495 in the month following adjourn-
cluded fiscal year; except that no a member of the Sen-
ate or the House of Representatives may not receive a ment of the regular session. Notwithstanding this sec-
tion, during the first regular session of each legislative
cost-of-living adjustment in annual legislative salary for biennium, a member of the Senate or the House of Rep-
the Second Regular Session of the 124th Legislature,
and except that no a member of the Senate or the House resentatives may elect to receive the first payment of the
annual allowance for constituent services in December
of Representatives may not receive a cost-of-living ad- following convening of the Legislature by notifying the
justment in annual legislative salary for the Second
Regular Session of the 125th Legislature and the First Executive Director of the Legislative Council in the
manner prescribed by the executive director. The Ex-
Regular Session and the Second Regular Session of the ecutive Director of the Legislative Council shall inform
126th Legislature, and any percentage change in the
Consumer Price Index for the fiscal years ending June Legislators of the choice available for payment of the
allowance for constituent services in the first year of the
30, 2011, June 30, 2012 and June 30, 2013 may not be legislative biennium and of any tax implications associ-
applied to the base salary. In addition, each Legislator
is entitled to be paid mileage for travel at each legisla- ated with exercising that choice.
tive session once each week at the same rate per mile to Sec. 4. 3 MRSA §2, 9th ¶, as amended by PL
2009, c. 636, Pt. A, §2, is further amended to read:
7
PUBLIC LAW, C. 3 FIRST REGULAR SESSION - 2023
The member of the Penobscot Indian Nation, the Emergency clause. In view of the emergency
member of the Passamaquoddy Indian Tribe and, begin- cited in the preamble, this legislation takes effect when
ning with the Second Regular Session of the 125th Leg- approved.
islature, the member of the Houlton Band of Maliseet
Indians elected to represent their tribes at the Legisla- Effective February 13, 2023.
ture are entitled to receive a salary equal to the salary of
members of the Senate and the House of Representa- CHAPTER 3
tives, including a cost-of-living adjustment, for each
regular session and an allowance for meals, constituent H.P. 127 - L.D. 206
service, housing and travel allowances for travel-related
expenses, which are housing, meals, mileage and tolls, An Act to Make Supplemental
to the same extent as members of the House of Repre- Appropriations and Allocations
sentatives for attendance at each legislative session or from the General Fund and
authorized committee meeting. For the duration of any Other Funds for the
special session of the Legislature, they are entitled to Expenditures of State
receive the same per diem payment and allowances, in- Government and to Change
cluding housing, meal and travel travel-related ex- Certain Provisions of the Law
penses, which are housing, meals, mileage and tolls, as
any member of the Senate and House of Representa- Necessary to the Proper
tives. Operations of State
Government for the Fiscal
Sec. 5. 3 MRSA §2, 11th ¶, as amended by PL Year Ending June 30, 2023
1989, c. 501, Pt. O, §5; c. 600, Pt. B, §§9 and 10; and c.
878, Pt. D, §§14 and 15, is further amended to read: Emergency preamble. Whereas, acts and re-
solves of the Legislature do not become effective until
The President of the Senate, the Speaker of the 90 days after adjournment unless enacted as emergen-
House of Representatives, the floor leaders and their as- cies; and
sistants and members of a committee, with the approval
of the President of the Senate or the Speaker of the Whereas, the 90-day period may not terminate
House of Representatives as to members of a commit- until after the beginning of the next fiscal year; and
tee, may also meet on days when the Legislature is not Whereas, certain obligations and expenses inci-
in daily session at any convenient location within the dent to the operation of state departments and institu-
State. Each member of the Senate and House of Repre- tions will become due and payable immediately; and
sentatives shall is entitled to receive $55 for every day's
attendance when meetings or daily sessions are held, Whereas, in the judgment of the Legislature,
and the travel-related expenses of a meal allowance in these facts create an emergency within the meaning of
the amount of $32 $50 and a housing allowance the Constitution of Maine and require the following leg-
whereby actual lodging expenses will be reimbursed at islation as immediately necessary for the preservation
the single-room rate, provided that as long as a receipt of the public peace, health and safety; now, therefore,
is submitted to the Executive Director of the Legislative Be it enacted by the People of the State of Maine
Council for each day in attendance at such meetings or as follows:
daily sessions and for each day that member occupies
overnight accommodations away from home either im- PART A
mediately preceding or immediately following atten- Sec. A-1. Appropriations and alloca-
dance at daily sessions of the Legislature and actual tions. The following appropriations and allocations
daily mileage allowances which shall be paid at the are made.
same rate paid to state employees at the rate of 55¢ per
mile or the federal standard mileage rate, whichever is ADMINISTRATIVE AND FINANCIAL
lower. In lieu of the meal and housing allowance, each SERVICES, DEPARTMENT OF
member shall be entitled to a daily meal allowance in Adult Use Cannabis Public Health and Safety Fund
the amount of $32 $50 and actual daily mileage allow- and Municipal Opt-In Fund Z263
ances.
Initiative: Adjusts funding to bring allocations in line
Sec. 6. Funding. The Executive Director of the with projected available resources for fiscal year 2022-
Legislative Council shall identify savings in legislative 23.
accounts sufficient to offset the costs that are associated
with the implementation of this Act. The executive di- OTHER SPECIAL 2022-23 2023-24 2024-25
rector shall include appropriate amounts associated REVENUE FUNDS
with the implementation of this Act in future budget All Other $658,933 $0 $0
submissions.
8
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 3
ADMINISTRATIVE
Division of Forest Protection Z232
AND FINANCIAL Initiative: Provides funding for the approved reclassifi-
SERVICES, cation of one Forest Fire Prevention Specialist position
DEPARTMENT OF from range 22 to range 24, retroactive to March 13,
DEPARTMENT 2022-23 2023-24 2024-25 2020.
TOTALS
GENERAL FUND 2022-23 2023-24 2024-25
GENERAL FUND $5,300,000 $0 $0 Personal Services $37,277 $0 $0
OTHER SPECIAL $658,933 $0 $0 __________ __________ _________
REVENUE FUNDS GENERAL FUND $37,277 $0 $0
__________ __________ _________ TOTAL
DEPARTMENT $5,958,933 $0 $0
TOTAL - ALL FUNDS Division of Forest Protection Z232
Sec. A-2. Appropriations and alloca- Initiative: Provides funding for statewide insurance
tions. The following appropriations and allocations coverage provided through the Department of Admin-
are made. istrative and Financial Services, Office of the State
Controller, risk management division based on claims
AGRICULTURE, CONSERVATION AND experience, coverage increases, attorney's fees on
FORESTRY, DEPARTMENT OF claims and actuarially recommended reserves.
Bureau of Agriculture 0393 GENERAL FUND 2022-23 2023-24 2024-25
All Other $85,657 $0 $0
Initiative: Provides one-time funding for extraordinary __________ __________ _________
costs associated with animal seizure. GENERAL FUND $85,657 $0 $0
GENERAL FUND 2022-23 2023-24 2024-25 TOTAL
All Other $650,000 $0 $0 Division of Forest Protection Z232
__________ __________ _________
GENERAL FUND $650,000 $0 $0 Initiative: Provides one-time funding to replace fire-
TOTAL fighting gear that is known to have perfluoroalkyl and
Division of Forest Protection Z232 polyfluoroalkyl substances, or PFAS.
GENERAL FUND 2022-23 2023-24 2024-25
Initiative: Provides funding for the approved reclassifi-
All Other $115,000 $0 $0
cation of 4 Ranger Pilot positions from range 25 to __________ __________ _________
range 26, retroactive to July 9, 2019. GENERAL FUND $115,000 $0 $0
GENERAL FUND 2022-23 2023-24 2024-25 TOTAL
9
PUBLIC LAW, C. 3 FIRST REGULAR SESSION - 2023
Forest Resource Management Z233 Initiative: Provides funding for the approved reclassifi-
cation of one Park Manager II position to a Park Man-
Initiative: Provides funding for the approved reclassifi-
cation of 13 Forester I positions to Forester II positions, ager III position, retroactive to July 1, 2020.
retroactive to April 17, 2020. GENERAL FUND 2022-23 2023-24 2024-25
Personal Services $23,645 $0 $0
GENERAL FUND 2022-23 2023-24 2024-25 __________ __________ _________
Personal Services $138,812 $0 $0 GENERAL FUND $23,645 $0 $0
__________ __________ _________ TOTAL
GENERAL FUND $138,812 $0 $0
TOTAL Parks - General Operations Z221
Harness Racing Commission 0320 Initiative: Provides funding for the approved reclassifi-
cation of 2 Public Service Manager II positions from
Initiative: Adjusts funding to bring allocations in line range 29 to range 33, retroactive to January 25, 2021.
with projected available resources for fiscal year 2022-
23. GENERAL FUND 2022-23 2023-24 2024-25
Personal Services $84,561 $0 $0
OTHER SPECIAL 2022-23 2023-24 2024-25 __________ __________ _________
REVENUE FUNDS GENERAL FUND $84,561 $0 $0
All Other $2,351,042 $0 $0 TOTAL
__________ __________ _________
OTHER SPECIAL $2,351,042 $0 $0
AGRICULTURE,
REVENUE FUNDS
CONSERVATION
TOTAL
AND FORESTRY,
Milk Commission 0188 DEPARTMENT OF
DEPARTMENT 2022-23 2023-24 2024-25
Initiative: Adjusts funding to bring allocations in line TOTALS
with projected available resources for fiscal year 2022-
23. GENERAL FUND $1,295,100 $0 $0
OTHER SPECIAL $1,322,956 $0 $0
OTHER SPECIAL 2022-23 2023-24 2024-25
REVENUE FUNDS
REVENUE FUNDS
__________ __________ _________
All Other ($1,009,046) $0 $0
DEPARTMENT $2,618,056 $0 $0
__________ __________ _________
TOTAL - ALL FUNDS
OTHER SPECIAL ($1,009,046) $0 $0
REVENUE FUNDS Sec. A-3. Appropriations and alloca-
TOTAL tions. The following appropriations and allocations
Milk Commission 0188 are made.
Initiative: Provides one-time funding to support the ATTORNEY GENERAL, DEPARTMENT OF
costs of contracting with an outside entity for a study on THE
the cost of production for Maine dairy farmers. Administration - Attorney General 0310
OTHER SPECIAL 2022-23 2023-24 2024-25 Initiative: Provides funding for annual case manage-
REVENUE FUNDS ment software maintenance.
All Other $50,000 $0 $0
__________ __________ _________ GENERAL FUND 2022-23 2023-24 2024-25
OTHER SPECIAL $50,000 $0 $0 All Other $35,000 $0 $0
REVENUE FUNDS __________ __________ _________
TOTAL GENERAL FUND $35,000 $0 $0
TOTAL
Off-Road Recreational Vehicles Program Z224
Chief Medical Examiner - Office of 0412
Initiative: Adjusts funding to bring allocations in line
with projected available resources for fiscal year 2022- Initiative: Provides funding for the after-hours tele-
23. phone answering service contract with the Office of
Chief Medical Examiner.
OTHER SPECIAL 2022-23 2023-24 2024-25
REVENUE FUNDS GENERAL FUND 2022-23 2023-24 2024-25
All Other ($69,040) $0 $0 All Other $77,000 $0 $0
__________ __________ _________ __________ __________ _________
OTHER SPECIAL ($69,040) $0 $0 GENERAL FUND $77,000 $0 $0
REVENUE FUNDS TOTAL
TOTAL
Chief Medical Examiner - Office of 0412
Parks - General Operations Z221
10
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 3
Initiative: Provides funding for annual maintenance, us- Audit Bureau 0067
age and hosting services for the medicolegal death in-
Initiative: Provides funding for continuing the transition
vestigation case management system. of auditing workpapers from paper to electronic using
GENERAL FUND 2022-23 2023-24 2024-25 3rd-party software with support from the Department of
All Other $28,000 $0 $0 Administrative and Financial Services, Office of Infor-
__________ __________ _________ mation Technology.
GENERAL FUND $28,000 $0 $0
TOTAL OTHER SPECIAL 2022-23 2023-24 2024-25
REVENUE FUNDS
ATTORNEY All Other $29,718 $0 $0
GENERAL, __________ __________ _________
DEPARTMENT OF OTHER SPECIAL $29,718 $0 $0
THE REVENUE FUNDS
DEPARTMENT 2022-23 2023-24 2024-25 TOTAL
TOTALS
AUDITOR, OFFICE
GENERAL FUND $140,000 $0 $0 OF THE STATE
__________ __________ _________ DEPARTMENT 2022-23 2023-24 2024-25
DEPARTMENT $140,000 $0 $0 TOTALS
TOTAL - ALL FUNDS
GENERAL FUND $10,679 $0 $0
Sec. A-4. Appropriations and alloca- OTHER SPECIAL $47,836 $0 $0
tions. The following appropriations and allocations REVENUE FUNDS
are made. __________ __________ _________
DEPARTMENT $58,515 $0 $0
AUDITOR, OFFICE OF THE STATE TOTAL - ALL FUNDS
Audit Bureau 0067 Sec. A-5. Appropriations and alloca-
Initiative: Provides funding for the approved reclassifi- tions. The following appropriations and allocations
cation of one Senior Auditor position to a Principal Au- are made.
ditor position, retroactive to August 12, 2022. COMMUNITY COLLEGE SYSTEM, BOARD OF
OTHER SPECIAL 2022-23 2023-24 2024-25 TRUSTEES OF THE MAINE
REVENUE FUNDS
Personal Services $9,601 $0 $0
Maine Community College System - Board of
__________ __________ _________ Trustees 0556
OTHER SPECIAL $9,601 $0 $0 Initiative: Adjusts funding to bring allocations in line
REVENUE FUNDS with projected available resources for fiscal year 2022-
TOTAL 23.
Audit Bureau 0067 OTHER SPECIAL 2022-23 2023-24 2024-25
Initiative: Provides funding for the approved reclassifi- REVENUE FUNDS
cation of one Public Service Manager II position to a All Other $356,305 $0 $0
Public Service Manager III position, retroactive to Sep- __________ __________ _________
OTHER SPECIAL $356,305 $0 $0
tember 21, 2022. REVENUE FUNDS
OTHER SPECIAL 2022-23 2023-24 2024-25 TOTAL
REVENUE FUNDS
Personal Services $8,517 $0 $0
Sec. A-6. Appropriations and alloca-
__________ __________ _________ tions. The following appropriations and allocations
OTHER SPECIAL $8,517 $0 $0 are made.
REVENUE FUNDS CORRECTIONS, DEPARTMENT OF
TOTAL
Adult Community Corrections 0124
Audit Bureau 0067
Initiative: Provides funding for increased lease costs as-
Initiative: Provides funding for the approved reclassifi- sociated with relocation of several adult probation of-
cation of one Public Service Executive II position from fices.
range 35 to range 37, retroactive to September 19, 2022.
GENERAL FUND 2022-23 2023-24 2024-25
GENERAL FUND 2022-23 2023-24 2024-25 All Other $78,000 $0 $0
Personal Services $10,679 $0 $0 __________ __________ _________
__________ __________ _________ GENERAL FUND $78,000 $0 $0
GENERAL FUND $10,679 $0 $0 TOTAL
TOTAL
11
PUBLIC LAW, C. 3 FIRST REGULAR SESSION - 2023
GENERAL FUND 2022-23 2023-24 2024-25 OTHER SPECIAL 2022-23 2023-24 2024-25
All Other $24,776 $0 $0 REVENUE FUNDS
__________ __________ _________ Personal Services $1,295 $0 $0
GENERAL FUND $24,776 $0 $0 __________ __________ _________
TOTAL OTHER SPECIAL $1,295 $0 $0
Mountain View Correctional Facility 0857 REVENUE FUNDS
TOTAL
Initiative: Provides funding for the increased cost of
fuel. Administration - Maine Emergency Management
Agency 0214
GENERAL FUND 2022-23 2023-24 2024-25
All Other $485,273 $0 $0 Initiative: Provides funding for the approved reorgani-
__________ __________ _________ zation of 3 Senior Planner positions to 3 Contract/Grant
GENERAL FUND $485,273 $0 $0 Manager positions.
TOTAL
GENERAL FUND 2022-23 2023-24 2024-25
State Prison 0144 Personal Services $692 $0 $0
__________ __________ _________
Initiative: Provides funding for the increased cost of GENERAL FUND $692 $0 $0
fuel. TOTAL
GENERAL FUND 2022-23 2023-24 2024-25
All Other $794,464 $0 $0 FEDERAL 2022-23 2023-24 2024-25
__________ __________ _________ EXPENDITURES
GENERAL FUND $794,464 $0 $0 FUND
TOTAL Personal Services $2,523 $0 $0
__________ __________ _________
FEDERAL $2,523 $0 $0
CORRECTIONS,
DEPARTMENT OF EXPENDITURES
DEPARTMENT 2022-23 2023-24 2024-25 FUND TOTAL
TOTALS
OTHER SPECIAL 2022-23 2023-24 2024-25
GENERAL FUND $1,463,535 $0 $0 REVENUE FUNDS
__________ __________ _________ Personal Services $1,238 $0 $0
DEPARTMENT $1,463,535 $0 $0 __________ __________ _________
TOTAL - ALL FUNDS OTHER SPECIAL $1,238 $0 $0
REVENUE FUNDS
Sec. A-7. Appropriations and alloca- TOTAL
tions. The following appropriations and allocations Administration - Maine Emergency Management
are made.
Agency 0214
12
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 3
Initiative: Provides funding for the approved reorgani- Personal Services $14,876 $0 $0
zation of one Senior Contract/Grant Specialist position __________ __________ _________
to a Contract/Grant Manager position. GENERAL FUND $14,876 $0 $0
TOTAL
GENERAL FUND 2022-23 2023-24 2024-25
Personal Services $524 $0 $0 FEDERAL 2022-23 2023-24 2024-25
__________ __________ _________ EXPENDITURES
GENERAL FUND $524 $0 $0 FUND
TOTAL Personal Services ($13,215) $0 $0
__________ __________ _________
FEDERAL 2022-23 2023-24 2024-25 FEDERAL ($13,215) $0 $0
EXPENDITURES EXPENDITURES
FUND FUND TOTAL
Personal Services $1,219 $0 $0
__________ __________ _________ Administration - Maine Emergency Management
FEDERAL $1,219 $0 $0 Agency 0214
EXPENDITURES
FUND TOTAL
Initiative: Provides funding for the approved reorgani-
zation of one Assistant Engineer position to an Assis-
Administration - Maine Emergency Management tant State Dam Inspector position and reallocates the
Agency 0214 cost from 50% General Fund and 50% Federal Expend-
Initiative: Provides funding for the approved reorgani- itures Fund to 100% General Fund within the same pro-
zation of one Planning & Research Associate II position gram.
to a Contract/Grant Manager position. GENERAL FUND 2022-23 2023-24 2024-25
Personal Services $10,165 $0 $0
FEDERAL 2022-23 2023-24 2024-25
__________ __________ _________
EXPENDITURES
GENERAL FUND $10,165 $0 $0
FUND
TOTAL
Personal Services $1,368 $0 $0
__________ __________ _________
FEDERAL 2022-23 2023-24 2024-25
FEDERAL $1,368 $0 $0
EXPENDITURES
EXPENDITURES
FUND
FUND TOTAL
Personal Services ($8,086) $0 $0
Administration - Maine Emergency Management __________ __________ _________
Agency 0214 FEDERAL ($8,086) $0 $0
EXPENDITURES
Initiative: Provides funding for the approved reorgani- FUND TOTAL
zation of one Contract/Grant Manager position to a
Public Service Manager II position. Military Training and Operations 0108
GENERAL FUND 2022-23 2023-24 2024-25 Initiative: Provides funding for the approved reorgani-
Personal Services $389 $0 $0 zation of one Building Custodian position to an Inven-
__________ __________ _________ tory & Property Associate II position.
GENERAL FUND $389 $0 $0
FEDERAL 2022-23 2023-24 2024-25
TOTAL
EXPENDITURES
FUND
FEDERAL 2022-23 2023-24 2024-25 Personal Services $883 $0 $0
EXPENDITURES __________ __________ _________
FUND FEDERAL $883 $0 $0
Personal Services $1,169 $0 $0 EXPENDITURES
__________ __________ _________ FUND TOTAL
FEDERAL $1,169 $0 $0
EXPENDITURES Military Training and Operations 0108
FUND TOTAL
Initiative: Provides funding for the approved reclassifi-
Administration - Maine Emergency Management cation of one Business Manager II position to a Public
Agency 0214 Service Manager I position.
Initiative: Provides funding for the approved reorgani- FEDERAL 2022-23 2023-24 2024-25
zation of one Civil Engineer II position to a State Dam EXPENDITURES
Inspector position and reallocates the cost from 50% FUND
General Fund and 50% Federal Expenditures Fund to Personal Services $1,682 $0 $0
100% General Fund within the same program.
GENERAL FUND 2022-23 2023-24 2024-25
13
PUBLIC LAW, C. 3 FIRST REGULAR SESSION - 2023
__________ __________ _________ Initiative: Provides funding for burial of members of the
FEDERAL $1,682 $0 $0 National Guard or the Reserves of the United States
EXPENDITURES Armed Forces in the Maine Veterans' Memorial Ceme-
FUND TOTAL tery System pursuant to Public Law 2021, chapter 593,
Military Training and Operations 0108 An Act Regarding Eligibility for Burial in the Maine
Veterans' Memorial Cemetery System.
Initiative: Provides funding for the approved reorgani-
zation of one Inventory & Property Associate II posi- GENERAL FUND 2022-23 2023-24 2024-25
tion to an Inventory & Property Specialist position and All Other $22,500 $0 $0
reallocates the cost from 27% General Fund and 73% __________ __________ _________
GENERAL FUND $22,500 $0 $0
Federal Expenditures Fund to 100% Federal Expendi- TOTAL
tures Fund within the same program.
GENERAL FUND 2022-23 2023-24 2024-25 DEFENSE,
Personal Services ($4,898) $0 $0 VETERANS AND
__________ __________ _________ EMERGENCY
GENERAL FUND ($4,898) $0 $0 MANAGEMENT,
TOTAL DEPARTMENT OF
DEPARTMENT 2022-23 2023-24 2024-25
FEDERAL 2022-23 2023-24 2024-25 TOTALS
EXPENDITURES
FUND GENERAL FUND $50,548 $0 $0
Personal Services $6,006 $0 $0 FEDERAL ($4,688) $0 $0
__________ __________ _________ EXPENDITURES
FEDERAL $6,006 $0 $0 FUND
EXPENDITURES OTHER SPECIAL ($4,086) $0 $0
FUND TOTAL REVENUE FUNDS
__________ __________ _________
Veterans Services 0110 DEPARTMENT $41,774 $0 $0
Initiative: Adjusts funding to bring allocations in line TOTAL - ALL FUNDS
with projected available resources for fiscal year 2022- Sec. A-8. Appropriations and alloca-
23. tions. The following appropriations and allocations
OTHER SPECIAL 2022-23 2023-24 2024-25 are made.
REVENUE FUNDS ECONOMIC AND COMMUNITY
All Other ($6,619) $0 $0 DEVELOPMENT, DEPARTMENT OF
__________ __________ _________
OTHER SPECIAL ($6,619) $0 $0 Fund for Efficient Delivery of Local & Regional
REVENUE FUNDS Svcs Z254
TOTAL
Initiative: Provides one-time funding to restore lapsed
Veterans Services 0110 funds for contractual awards relating to the efficient de-
Initiative: Provides funding for the approved reorgani- livery of local and regional services.
zation of one Management Analyst II position to a Pub- GENERAL FUND 2022-23 2023-24 2024-25
lic Service Coordinator I position. All Other $741,427 $0 $0
__________ __________ _________
GENERAL FUND 2022-23 2023-24 2024-25
GENERAL FUND $741,427 $0 $0
Personal Services $2,863 $0 $0
TOTAL
__________ __________ _________
GENERAL FUND $2,863 $0 $0 Office of Tourism 0577
TOTAL
Initiative: Adjusts funding to bring allocations in line
Veterans Services 0110 with projected available resources for fiscal year 2022-
Initiative: Provides funding for the approved reorgani- 23.
zation of a Grounds & Equipment Maintenance Man- OTHER SPECIAL 2022-23 2023-24 2024-25
ager position to a Deputy Superintendent-Cemetery po- REVENUE FUNDS
sition. All Other $3,425,364 $0 $0
__________ __________ _________
GENERAL FUND 2022-23 2023-24 2024-25 OTHER SPECIAL $3,425,364 $0 $0
Personal Services $2,531 $0 $0 REVENUE FUNDS
__________ __________ _________ TOTAL
GENERAL FUND $2,531 $0 $0
TOTAL
Veterans Services 0110
14
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 3
15
PUBLIC LAW, C. 3 FIRST REGULAR SESSION - 2023
Initiative: Adjusts funding between the Leadership Sec. A-12. Appropriations and alloca-
Team program, School Finance and Operations pro- tions. The following appropriations and allocations
gram, Special Services Team program and Learning are made.
Systems Team program within the same fund for the
department's share of the cost for the General Govern- EXECUTIVE DEPARTMENT
ment Service Center within the Department of Admin- Governor's Energy Office Z122
istrative and Financial Services.
Initiative: Continues and makes permanent one Public
GENERAL FUND 2022-23 2023-24 2024-25 Service Coordinator II position previously established
All Other ($45,000) $0 $0 by Financial Order 001466 F1 and provides related All
__________ __________ _________ Other costs.
GENERAL FUND ($45,000) $0 $0
TOTAL OTHER SPECIAL 2022-23 2023-24 2024-25
REVENUE FUNDS
EDUCATION, POSITIONS - 1.000 0.000 0.000
DEPARTMENT OF LEGISLATIVE
DEPARTMENT 2022-23 2023-24 2024-25 COUNT
TOTALS Personal Services $14,622 $0 $0
All Other $436 $0 $0
GENERAL FUND $61,366 $0 $0 __________ __________ _________
OTHER SPECIAL $2,220,831 $0 $0 OTHER SPECIAL $15,058 $0 $0
REVENUE FUNDS REVENUE FUNDS
__________ __________ _________ TOTAL
DEPARTMENT $2,282,197 $0 $0 Sec. A-13. Appropriations and alloca-
TOTAL - ALL FUNDS tions. The following appropriations and allocations
Sec. A-10. Appropriations and alloca- are made.
tions. The following appropriations and allocations FINANCE AUTHORITY OF MAINE
are made.
Dairy Improvement Fund Z143
EDUCATION, STATE BOARD OF
Initiative: Adjusts funding to bring allocations in line
State Board of Education 0614 with projected available resources for fiscal year 2022-
Initiative: Provides ongoing funding for per diem pay- 23.
ments to board members. This initiative also provides OTHER SPECIAL 2022-23 2023-24 2024-25
one-time funding for fiscal year 2021-22 per diem pay- REVENUE FUNDS
ments to board members not paid until fiscal year 2022- All Other $41,865 $0 $0
23. __________ __________ _________
OTHER SPECIAL $41,865 $0 $0
GENERAL FUND 2022-23 2023-24 2024-25
REVENUE FUNDS
Personal Services $12,000 $0 $0
TOTAL
__________ __________ _________
GENERAL FUND $12,000 $0 $0 Sec. A-14. Appropriations and alloca-
TOTAL tions. The following appropriations and allocations
Sec. A-11. Appropriations and alloca- are made.
tions. The following appropriations and allocations HEALTH AND HUMAN SERVICES,
are made. DEPARTMENT OF
ENVIRONMENTAL PROTECTION, Developmental Services Waiver - MaineCare Z211
DEPARTMENT OF
Initiative: Adjusts funding for the 5% increase in the
Remediation and Waste Management 0247 Federal Medical Assistance Percentage rate for the 4th
Initiative: Provides one-time funding to support product quarter of fiscal year 2022-23.
sampling for the department's Maine Toxics in Food GENERAL FUND 2022-23 2023-24 2024-25
Packaging Program pursuant to the Maine Revised Stat- All Other ($6,396,111) $0 $0
utes, Title 32, sections 1731 to 1747. These funds do __________ __________ _________
not lapse but must be carried forward each fiscal year to GENERAL FUND ($6,396,111) $0 $0
be used for the same purpose until fully expended. TOTAL
GENERAL FUND 2022-23 2023-24 2024-25 Developmental Services Waiver - Supports Z212
All Other $10,000 $0 $0
__________ __________ _________
Initiative: Adjusts funding for the 5% increase in the
GENERAL FUND $10,000 $0 $0 Federal Medical Assistance Percentage rate for the 4th
TOTAL quarter of fiscal year 2022-23.
16
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 3
17
PUBLIC LAW, C. 3 FIRST REGULAR SESSION - 2023
18
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 3
19
PUBLIC LAW, C. 3 FIRST REGULAR SESSION - 2023
JUDICIAL LABOR,
DEPARTMENT DEPARTMENT OF
DEPARTMENT 2022-23 2023-24 2024-25 DEPARTMENT 2022-23 2023-24 2024-25
TOTALS TOTALS
20
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 3
21
PUBLIC LAW, C. 3 FIRST REGULAR SESSION - 2023
22
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 3
Initiative: Provides funding for election activities re- Initiative: Adjusts funding for municipal revenue shar-
lated to petition signature verification and retrieval and ing to bring allocations in line with projected available
return of ballots. resources for fiscal year 2022-23.
GENERAL FUND 2022-23 2023-24 2024-25 OTHER SPECIAL 2022-23 2023-24 2024-25
All Other $87,000 $0 $0 REVENUE FUNDS
__________ __________ _________ All Other $12,878,712 $0 $0
GENERAL FUND $87,000 $0 $0 __________ __________ _________
TOTAL OTHER SPECIAL $12,878,712 $0 $0
REVENUE FUNDS
Bureau of Administrative Services and TOTAL
Corporations 0692
Initiative: Provides funding for the cost of Electronic TREASURER OF
Registration Information Center compliance postcards STATE, OFFICE OF
and the increase in the annual membership dues. DEPARTMENT 2022-23 2023-24 2024-25
TOTALS
GENERAL FUND 2022-23 2023-24 2024-25
All Other $99,717 $0 $0 GENERAL FUND $12,083 $0 $0
__________ __________ _________ OTHER SPECIAL $16,098,389 $0 $0
GENERAL FUND $99,717 $0 $0 REVENUE FUNDS
TOTAL __________ __________ _________
DEPARTMENT $16,110,472 $0 $0
SECRETARY OF TOTAL - ALL FUNDS
STATE,
DEPARTMENT OF
Sec. A-27. Appropriations and alloca-
DEPARTMENT 2022-23 2023-24 2024-25 tions. The following appropriations and allocations
TOTALS are made.
UNIVERSITY OF MAINE SYSTEM, BOARD OF
GENERAL FUND $1,808,248 $0 $0 TRUSTEES OF THE
OTHER SPECIAL $5,153 $0 $0
REVENUE FUNDS University of Maine Scholarship Fund Z011
__________ __________ _________
DEPARTMENT $1,813,401 $0 $0 Initiative: Adjusts funding to bring allocations in line
TOTAL - ALL FUNDS with projected available resources for fiscal year 2022-
23.
Sec. A-26. Appropriations and alloca-
tions. The following appropriations and allocations OTHER SPECIAL 2022-23 2023-24 2024-25
are made. REVENUE FUNDS
All Other $523,508 $0 $0
TREASURER OF STATE, OFFICE OF __________ __________ _________
OTHER SPECIAL $523,508 $0 $0
Administration - Treasury 0022 REVENUE FUNDS
Initiative: Provides funding for the approved reclassifi- TOTAL
cation of one Office Associate II position to an Office PART B
Specialist I position, retroactive to July 2020.
Sec. B-1. Appropriations and alloca-
GENERAL FUND 2022-23 2023-24 2024-25 tions. The following appropriations and allocations
Personal Services $12,083 $0 $0 are made.
__________ __________ _________
GENERAL FUND $12,083 $0 $0 AGRICULTURE, CONSERVATION AND
TOTAL FORESTRY, DEPARTMENT OF
Disproportionate Tax Burden Fund 0472 Bureau of Agriculture 0393
Initiative: Adjusts funding for municipal revenue shar- Initiative: Reclassifications
ing to bring allocations in line with projected available
resources for fiscal year 2022-23. OTHER SPECIAL 2022-23 2023-24 2024-25
REVENUE FUNDS
OTHER SPECIAL 2022-23 2023-24 2024-25 Personal Services $7,608 $0 $0
REVENUE FUNDS All Other $474 $0 $0
All Other $3,219,677 $0 $0 __________ __________ _________
__________ __________ _________ OTHER SPECIAL $8,082 $0 $0
OTHER SPECIAL $3,219,677 $0 $0 REVENUE FUNDS
REVENUE FUNDS TOTAL
TOTAL
Certified Seed Fund 0787
State - Municipal Revenue Sharing 0020
23
PUBLIC LAW, C. 3 FIRST REGULAR SESSION - 2023
24
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 3
25
PUBLIC LAW, C. 3 FIRST REGULAR SESSION - 2023
80% of the feed registration fees collected under section programming costs to implement online voter registra-
714, subsection 1 and all any revenue in excess of tion.
$100,000 from the surcharge collected under as speci- PART P
fied in section 714, subsection 4 in the Animal Welfare
Fund. This account does not lapse, but continues from Sec. P-1. Carrying provision; Office of
year to year. The commissioner shall pay from the An- Treasurer of State, Debt Service - Treasury.
imal Welfare Fund the expense of furnishing license Notwithstanding any provision of law to the contrary,
blanks, stickers and tags, travel expenses and salaries the State Controller shall carry any remaining balances
for necessary personnel, payments to animal shelters in the Office of Treasurer of State, Debt Service - Treas-
and expenses incurred in the administration of this Part. ury program in fiscal year 2022-23 into fiscal year
2023-24.
PART L
Sec. L-1. Carrying provision; Department PART Q
of Economic and Community Development. Sec. Q-1. Maine Commission on Indigent
Notwithstanding any provision of law to the contrary, Legal Services; billing rates for assigned legal
at the end of fiscal years 2022-23 and 2023-24, the State counsel. Notwithstanding the Maine Revised Statutes,
Controller shall carry forward into the next fiscal year Title 5, section 8054, subsection 1, the Maine Commis-
any unexpended balance remaining of the $2,756,126 sion on Indigent Legal Services may adopt major sub-
appropriated in Public Law 2021, chapter 635, Part A, stantive rules on an emergency basis to amend the bill-
section 8 in the Housing Opportunity Program, General ing rate for assigned legal counsel to up to $150 per
Fund account in the All Other line category for the pur- hour effective March 1, 2023 without the necessity of
pose of supporting and encouraging the development of demonstrating that immediate adoption is necessary to
additional housing units in the State. avoid an immediate threat to public health, safety or
PART M general welfare.
Sec. M-1. Department of Health and Hu- Sec. Q-2. Judiciary; suspension of statutory
man Services, Medical Care Services - Pay- requirement that guardian ad litem rates may
ments to Providers; lapsed balances. Notwith- not be less than Maine Commission on Indigent
standing any provision of law to the contrary, Legal Services counsel rates. Notwithstanding the
Maine Revised Statutes, Title 4, section 1556, subsec-
$10,777,679 of unencumbered balance forward in the tion 2, paragraph I, the hourly rate of compensation for
Department of Health and Human Services, Medical
Care Services - Payments to Providers program, Gen- a guardian ad litem appointed between March 1, 2023
and June 30, 2023 may be less than the rate of compen-
eral Fund carrying account, All Other line category sation for assigned legal counsel established by the
lapses to the unappropriated surplus of the General
Fund no later than June 30, 2023. Maine Commission on Indigent Legal Services.
PART N PART R
Sec. N-1. Department of Health and Human Sec. R-1. Maine Milk Commission; cost of
Services, Nursing Facilities; lapsed balances. production study. The Maine Milk Commission, as
established in the Maine Revised Statutes, Title 5, sec-
Notwithstanding any provision of law to the contrary,
$6,161,154 of the unencumbered balance forward from tion 12004-E, subsection 2, shall contract for a cost of
production study to be completed by December 31,
the Department of Health and Human Services, Nursing 2023. The study must be designed to assess the cost of
Facilities program, General Fund carrying account, All
Other line category lapses to the unappropriated surplus milk production in the State based on costs and other
financial factors in calendar year 2022.
of the General Fund no later than June 30, 2023.
PART O Sec. R-2. Transfer to Maine Milk Commis-
sion. Notwithstanding any provision of law to the con-
Sec. O-1. Carrying provision; Department trary, on or before March 31, 2023, the State Controller
of Secretary of State, Bureau of Administrative shall transfer $50,000 from the unappropriated surplus
Services and Corporations. Notwithstanding any of the General Fund to the Maine Milk Commission
provision of law to the contrary, at the end of fiscal year Other Special Revenue Funds account to fund a contract
2022-23 and fiscal year 2023-24, the State Controller for a cost of production study as described in section 1.
shall carry forward any unexpended balance remaining
of the $259,000 appropriated in Public Law 2021, chap-
Sec. R-3. Report. No later than January 31,
2024, the Maine Milk Commission, as established in the
ter 439, section 14 in the Department of Secretary of
State, Bureau of Administrative Services and Corpora- Maine Revised Statutes, Title 5, section 12004-E, sub-
section 2, shall submit a report to the Joint Standing
tions program, General Fund account, All Other line Committee on Agriculture, Conservation and Forestry
category to the next fiscal year to be used for contracted
on the findings of the study commissioned in section 1
26
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 4
27
PUBLIC LAW, C. 4 FIRST REGULAR SESSION - 2023
judge's or register of probate's letters were granted, fur- of a surviving spouse and children to the homestead al-
ther proceedings in that county must be transferred to lowance, exempt property and family allowance.
the probate court in any adjoining county and there re- 2. Notice to devisees of probated will. A register
main until completed, as if such court had had original
jurisdiction thereof, unless said disability is removed shall, within 30 days after a will is probated, notify by
mail all devisees under the will that devises have been
before that time. Whenever in any case within under made to them, stating the name of the testator and the
this section the disability of the judge or register is re-
moved before the proceedings have been fully com- name of the personal representative, if a personal repre-
sentative has been appointed at the time this notification
pleted, the proceedings must then be transferred to the is sent.
probate court in the county of original jurisdiction or to
the probate court that otherwise would have had juris- 3. Furnishing of copies. Devisees in a will may,
diction. In all such cases the register in such adjoining upon application to the register, be furnished with a
county shall transmit copies of all records relating to copy of the probated will upon payment of a fee of $1
such estate to the probate office of the county where per page.
such estate belongs, to be there recorded. If there are Sec. 4. 18-C MRSA §2-402, as enacted by PL
fewer than 4 counties adjoining the county of a probate
court that is required to transfer proceedings to an ad- 2017, c. 402, Pt. A, §2 and affected by PL 2019, c. 417,
Pt. B, §14, is amended to read:
joining county under this section, the proceedings must
be transferred to a probate court in one of the 4 counties §2-402. Homestead allowance
nearest to the transferring probate court, as measured by
A decedent's surviving spouse is entitled to a
the shortest distance along paved roads between the homestead allowance of $22,500. If there is no surviv-
building in which the registry of probate is located in
the transferring county and the building in which the ing spouse, each minor child and each dependent child
of the decedent is entitled to a homestead allowance
registry of probate is located in the other county. amounting to $22,500 divided by the number of minor
Sec. 2. 18-C MRSA §1-504, sub-§2, as en- and dependent children of the decedent. The homestead
acted by PL 2017, c. 402, Pt. A, §2 and affected by PL allowance is exempt from and has priority over all
2019, c. 417, Pt. B, §14, is amended to read: claims against the estate other than costs and expenses
2. Certification. When required by subsection 1, of administration and reasonable funeral expenses.
Homestead The homestead allowance is in addition to
the register shall certify to the register of deeds in the any benefit or share passing to the surviving spouse or
county where any affected real estate is situated a true
copy of the portion of the will that devises the real es- minor or dependent child by intestate succession or by
way of elective share and is in addition to any benefit
tate, an abstract of the appointment of the personal rep- or share passing to the surviving spouse or minor or de-
resentative or a true copy or an abstract of the petition
for an elective share. Each certification must also in- pendent child by the decedent's will unless otherwise
provided by intestate succession or by way of elective
clude: share the decedent's will expressly provides that the
A. A description of the real estate derived from the benefit or share passing to the surviving spouse or mi-
probated will or the petition upon which the ap- nor or dependent child is intended to be made in lieu of
pointment of the personal representative was made; the homestead allowance. The personal representative
B. The name of the decedent; shall promptly satisfy the homestead allowance from
available assets.
C. The name or names of the devisees or heirs; and
Sec. 5. 18-C MRSA §2-403, as enacted by PL
D. In the case of a will, the date of allowance of 2017, c. 402, Pt. A, §2 and affected by PL 2019, c. 417,
the will and an indication whether the will was pro- Pt. B, §14, is amended to read:
bated formally or informally.
§2-403. Exempt property
Sec. 3. 18-C MRSA §1-505, as enacted by PL In addition to the homestead allowance, the dece-
2017, c. 402, Pt. A, §2 and affected by PL 2019, c. 417,
dent's surviving spouse is entitled from the estate to a
Pt. B, §14, is repealed and the following enacted in its value, not exceeding $15,000 in excess of any security
place:
interests in the estate of tangible personal property, in-
§1-505. Notices to devisees and heirs; furnishing of cluding, but not limited to, in household furniture, au-
copies tomobiles, furnishings, appliances and personal effects.
1. Notice to devisees and heirs. A register shall, If Except as otherwise provided in this section, if there
is no surviving spouse, children of the decedent are en-
within 30 days after the filing of an application for the titled jointly to the same value; however, the decedent,
appointment of a personal representative, notify by mail
all of the decedent’s devisees and heirs of the right of a by will, may exclude one or more adult children from
the receipt of exempt property. If encumbered chattels
surviving spouse to demand an elective share and the are selected and the value in excess of security interests,
time limit for making such an election and of the rights
28
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 4
plus that of other exempt property, is less than $15,000, 2. Not chargeable against Additional benefit or
or if there is not $15,000 worth of exempt property in share; right terminates on death. The family allow-
the estate, the spouse or children are entitled to other ance is not chargeable against in addition to any benefit
assets of the estate, if any, to the extent necessary to or share passing to the surviving spouse or minor or de-
make up the $15,000 value. Rights The rights to ex- pendent children by intestate succession or by way of
empt property and assets needed to make up a defi- elective share and is in addition to any benefit or share
ciency of exempt property have priority over all claims passing to the surviving spouse or minor or dependent
against the estate other than costs and expenses of ad- children by the decedent's will unless otherwise pro-
ministration and reasonable funeral expenses, except vided by intestate succession or by way of elective share
that the right to any assets to make up a deficiency of the decedent's will expressly provides that the benefit or
exempt property abates as necessary to permit earlier share passing to the surviving spouse or minor or de-
payment of homestead allowance and family allow- pendent children is intended to be made in lieu of the
ance. These rights are The right to exempt property is allowance. The death of any person entitled to family
in addition to any benefit or share passing to the surviv- allowance terminates that person's right to allowance
ing spouse or children by intestate succession or by way not yet paid.
of elective share and is in addition to any benefit or
share passing to the surviving spouse or children by the Sec. 7. 18-C MRSA §3-108, sub-§1, ¶D, as
amended by PL 2021, c. 4, §1, is further amended to
decedent's will unless otherwise provided by intestate read:
succession or by way of elective share the decedent's
will expressly provides that the benefit or share passing D. Regardless of whether the decedent dies before,
to the surviving spouse or children is intended to be on or after the effective date of this Code, an infor-
made in lieu of the exempt property right or unless the mal testacy or appointment proceeding or a formal
decedent's will expressly excludes one or more adult testacy or appointment proceeding may be com-
children from the receipt of exempt property without menced more than 3 years after the decedent's
providing a benefit or share in lieu thereof. The personal death if no proceeding concerning the succession
representative shall promptly satisfy the exempt prop- or estate administration has occurred within the 3-
erty from available assets. year period after the decedent's death, but the per-
sonal representative has no right to possess estate
Sec. 6. 18-C MRSA §2-404, as enacted by PL assets as provided in section 3‑709 beyond that
2017, c. 402, Pt. A, §2 and affected by PL 2019, c. 417,
Pt. B, §14, is amended to read: necessary to confirm title in the successors to the
estate, and claims other than expenses of admin-
§2-404. Family allowance istration may not be presented against the estate;
1. Family allowance during administration. In Sec. 8. 18-C MRSA §3-108, sub-§1, ¶E, as
addition to the right to homestead allowance and ex- amended by PL 2019, c. 417, Pt. A, §4, is further
empt property, the decedent's surviving spouse and mi- amended to read:
nor children whom the decedent was obligated to sup-
E. A An informal or formal testacy proceeding
port and children who were in fact being supported by may be commenced at any time after 3 years from
the decedent are entitled to a reasonable allowance in
money out of the estate for their maintenance during the the decedent's death for the purpose of establishing
an instrument to direct or control the ownership of
period of administration, which allowance may not con- property passing or distributable after the dece-
tinue for longer than one year if the estate is inadequate
to discharge allowed claims. The allowance may be dent's death from a person other than the decedent
when the property is to be appointed by the terms
paid as a lump sum or in periodic installments. It is of the decedent's will or is to pass or be distributed
payable to the surviving spouse, if living, for the use of
the surviving spouse and minor and dependent children; as a part of the decedent's estate or its transfer is
otherwise to be controlled by the terms of the de-
otherwise to the children, or persons having their care cedent's will; and
and custody. If a minor child or dependent child is not
living with the surviving spouse, the allowance may be Sec. 9. 18-C MRSA §3-805, sub-§1, ¶B-1 is
made partially to the child or the child's guardian or enacted to read:
other person having the child's care and custody, and
partially to the spouse, as their needs may appear. The B-1. Homestead allowance;
family allowance is exempt from and has priority over Sec. 10. 18-C MRSA §3-805, sub-§1, ¶B-2
all claims but not over except costs and expenses of ad- is enacted to read:
ministration, reasonable funeral expenses and the
B-2. Family allowance;
homestead allowance. The personal representative shall
promptly satisfy the family allowance from available Sec. 11. 18-C MRSA §3-805, sub-§1, ¶B-3
assets. is enacted to read:
B-3. Exempt property;
29
PUBLIC LAW, C. 4 FIRST REGULAR SESSION - 2023
Sec. 12. 18-C MRSA §5-308, sub-§4, as I designate the following beneficiary if the benefi-
amended by PL 2021, c. 4, §2, is further amended to ciary survives me.
read: ............................................................
4. Effective date. This section takes effect Janu- .................................................................................
ary April 1, 2023 2025.
Printed name...............Mailing address, if available
Sec. 13. 18-C MRSA §5-409, sub-§4, as
amended by PL 2021, c. 4, §3, is further amended to ALTERNATE BENEFICIARY - Optional
read: If my primary beneficiary does not survive me,
4. Effective date. This section takes effect Janu- I designate the following alternate beneficiary if
ary April 1, 2023 2025. that beneficiary survives me.
Sec. 14. 18-C MRSA §5-511, sub-§4, as ............................................................
amended by PL 2021, c. 4, §6, is further amended to
.................................................................................
read:
Printed name...............Mailing address, if available
4. Effective date. This section takes effect Janu-
ary April 1, 2023 2025. TRANSFER ON DEATH
Sec. 15. 18-C MRSA §6-417, as enacted by PL At my death, I transfer my interest in the de-
2017, c. 402, Pt. A, §2 and affected by PL 2019, c. 417, scribed property to the beneficiaries as designated
Pt. B, §14, is amended to read: above.
§6-417. Optional form of template for transfer on Before my death, I have the right to revoke this
death deed deed.
The following form template may be used to create SIGNATURE OF OWNER OR OWNERS MAK-
a transfer on death deed. This template is not intended ING THIS DEED
to be printed and recorded in its current format. The ............................................................
other sections of this Part govern the effect of this or
any other instrument used to create a transfer on death (SEAL, if any).....................................
deed. Signature............................................Date..............
(front of form) ............................................................
REVOCABLE TRANSFER ON DEATH DEED (SEAL, if any).....................................
NOTICE TO OWNER Signature............................................Date..............
You should carefully read all information on the ACKNOWLEDGMENT
other side of this form the "Common Questions about
the Use of this Template" before using this template to (insert acknowledgment for deed here)
create a transfer on death deed. YOU MAY WANT (back of form)
ARE ENCOURAGED TO CONSULT A LAWYER
BEFORE USING THIS FORM TEMPLATE. COMMON QUESTIONS ABOUT THE USE OF
This form A transfer on death deed must be re- THIS FORM TEMPLATE
corded before your death, or it will not be effective. What does the Transfer on Death (TOD) deed do?
When you die, this deed transfers the described prop-
IDENTIFYING INFORMATION erty, subject to any liens or mortgages (or other encum-
Owner or Owners Making This Deed: brances) on the property at your death. Probate is not
required. The TOD deed has no effect until you die.
............................................................ You can revoke it at any time. You are also free to
................................................................................. transfer the property to someone else during your life-
time. If you do not own any interest in the property
Printed name..................................Mailing address when you die, this deed will have no effect.
................................................................................. How do I make a TOD deed? Complete this form.
Printed name..................................Mailing address You may use this template to create a TOD deed but be
aware that the registry of deeds of each Maine county
Legal description of the property: has specific requirements for a document to be accepted
................................................................................. for recording, including requirements related to the top,
bottom and side margins. Have it the TOD deed
PRIMARY BENEFICIARY
30
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 4
acknowledged before a notary public or other individ- I have other questions about this form template.
ual authorized by law to take acknowledgments. Re- What should I do? This form template TOD deed is de-
cord the form TOD deed in each county where any part signed to fit some but not all situations. If you have
of the property is located. The form TOD deed has no other questions, you are encouraged to consult a lawyer.
effect unless it is acknowledged and recorded before
your death.
Sec. 16. 18-C MRSA §6-418, as enacted by PL
2017, c. 402, Pt. A, §2 and affected by PL 2019, c. 417,
Is the "legal description" of the property necessary? Pt. B, §14, is amended to read:
Yes.
§6-418. Optional form of template for revocation
How do I find the "legal description" of the prop-
erty? This information may be on the deed you received The following form template may be used to create
an instrument of revocation under this Part. This tem-
when you became an owner of the property. This infor- plate is not intended to be printed and recorded in its
mation may also be available in the registry of deeds for
the county where the property is located. If you are not current format. The other sections of this Part govern
the effect of this or any other instrument used to revoke
absolutely sure, consult a lawyer. a transfer on death deed.
What is the proper form for the required acknowl- (front of form)
edgment of signatures on the TOD deed? Forms of ac-
knowledgment may be found in Title 33, section 775 of REVOCATION OF TRANSFER ON DEATH
the Maine Revised Statutes. You may also consult a DEED
notary public or a lawyer for the proper form of an ac-
knowledgment. NOTICE TO OWNER
Can I change my mind before I record the TOD You should carefully read the "Common Questions
about the Use of this Template" before using this tem-
deed? Yes. If you have not yet recorded the deed and plate to revoke a transfer on death deed. YOU ARE
want to change your mind, simply tear up or otherwise
destroy the TOD deed. ENCOURAGED TO CONSULT A LAWYER BE-
FORE USING THIS TEMPLATE.
How do I "record" the TOD deed? Take the com-
This A revocation must be recorded before you die
pleted and acknowledged form TOD deed to the regis- or it will not be effective. This A revocation is effective
try of deeds of the county where the property is located.
Follow the instructions given by the register of deeds to only as to the interests in the property of owners who
sign this the revocation.
make the form TOD deed part of the official property
records. If the property is in more than one county, you IDENTIFYING INFORMATION
should record the TOD deed in each county.
Owner or Owners of Property Making This Revo-
Can I later revoke the TOD deed if I change my cation:
mind? Yes. You can revoke the TOD deed. No one, ............................................................
including the beneficiaries, can prevent you from re-
voking the TOD deed. .................................................................................
How do I revoke the TOD deed after it is recorded? Printed name..................................Mailing address
There are three ways to revoke a recorded TOD deed: .................................................................................
(1) Complete and acknowledge a revocation form, and
record it in each county where the property is located. Printed name..................................Mailing address
(2) Complete and acknowledge a new TOD deed that Legal description of the property:
disposes of the same property, and record it in each
county where the property is located. (3) Transfer the .................................................................................
property to someone else during your lifetime by a re- REVOCATION
corded deed that expressly revokes the TOD deed. You
may not revoke the TOD deed by will. I revoke all my previous transfers of this property
I am being pressured to complete this form make a by transfer on death deed.
TOD deed. What should I do? Do not complete this
form make a TOD deed under pressure. Seek help from
a trusted family member, friend, or lawyer. SIGNATURE OF OWNER OR OWNERS MAK-
ING THIS REVOCATION
Do I need to tell the beneficiaries about the TOD
............................................................
deed? No, but it is recommended. Secrecy can cause
later complications and might make it easier for others (SEAL, if any).....................................
to commit fraud.
Signature............................................Date..............
............................................................
31
PUBLIC LAW, C. 5 FIRST REGULAR SESSION - 2023
How do I use this form template to revoke a Trans- Sec. 18. Retroactivity. Those sections of this
Act that amend the Maine Revised Statutes, Title 18-C,
fer on Death (TOD) deed? Complete this form. You section 5-308, subsection 4; section 5-409, subsection
may use this template to create a revocation but be
aware that the registry of deeds of each Maine county 4; and section 5-511, subsection 4 apply retroactively to
January 1, 2023.
has specific requirements for a document to be accepted
for recording, including requirements related to the top, Emergency clause. In view of the emergency
bottom and side margins. Have it the revocation cited in the preamble, this legislation takes effect when
acknowledged before a notary public or other individ- approved.
ual authorized to take acknowledgments. Record the
form revocation in the public records in the registry of Effective March 13, 2023.
deeds of each county where the property is located. The
form revocation must be acknowledged and recorded CHAPTER 5
before your death or it has no effect.
H.P. 14 - L.D. 10
How do I find the "legal description" of the prop-
erty? This information may be on the TOD deed. It may An Act to Amend the Laws
also be available in the registry of deeds for the county Governing Invasive Aquatic
where the property is located. If you are not absolutely
sure, consult a lawyer.
Plants
What is the proper form for the required acknowl- Be it enacted by the People of the State of Maine
edgment of signatures on the revocation? Forms of ac- as follows:
knowledgment may be found in Title 33, section 775 of Sec. 1. 38 MRSA §410-N, sub-§1, ¶B, as
the Maine Revised Statutes. You may also consult a amended by PL 2005, c. 561, §1, is further amended to
notary public or a lawyer for the proper form of an ac- read:
knowledgment.
B. "Invasive aquatic plant" means a species iden-
How do I "record" the form revocation? Take the tified by the department as an invasive aquatic
completed and acknowledged form revocation to the plant or one of the following species:
registry of deeds of the county where the property is lo-
cated. Follow the instructions given by the register of (1) All Myriophyllum species nonindigenous
deeds to make the form revocation part of the official to the State, including but not limited to varia-
property records. If the property is located in more than ble-leaf water-milfoil, Myriophyllum hetero-
one county, you should record the form revocation in phyllum; Eurasian water milfoil water-milfoil,
each of those counties. Myriophyllum spicatum; and parrot feather,
Myriophyllum aquaticum;
I am being pressured to complete this form revoke
a TOD deed. What should I do? Do not complete this (2) Variable-leaf water milfoil, Myriophyllum
form revoke a TOD deed under pressure. Seek help heterophyllum;
from a trusted family member, friend, or lawyer. (3) Parrot feather, Myriophyllum aquaticum;
I have other questions about this form template. (4) Water All Trapa species, including but not
What should I do? This form template is designed to fit limited to water chestnut, Trapa natans;
some but not all situations. If you have other questions,
you are encouraged to consult a lawyer. (5) Hydrilla, Hydrilla verticillata;
Sec. 17. Report. The Supreme Judicial Court (6) Fanwort All Cabomba species, including
shall submit a report to the joint standing committee of but not limited to fanwort, Cabomba carolini-
the Legislature having jurisdiction over judiciary mat- ana;
ters no later than January 1, 2025 summarizing the (7) Curly pondweed, Potamogeton crispus;
court's progress toward adopting rules governing the
confidentiality of records in probate court proceedings, (8) European naiad, Najas minor;
32
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 6
(9) Brazilian elodea, Egeria densa; uncertainty and the state agencies regulating this indus-
try will not be able to oversee the industry in an efficient
(10) Frogbit, Hydrocharis morsus-ranae; and
or effective manner; and
(11) Yellow floating heart, Nymphoides pel-
tata.; Whereas, in the judgment of the Legislature,
these facts create an emergency within the meaning of
(12) Water soldier, Stratiotes aloides; the Constitution of Maine and require the following leg-
(13) Giant salvinia, Salvinia molesta; islation as immediately necessary for the preservation
of the public peace, health and safety; now, therefore,
(14) Swollen bladderwort, Utricularia inflata;
and
Be it enacted by the People of the State of Maine
as follows:
(15) Starry stonewort, Nitellopsis obtusa. Sec. 1. 22 MRSA §2422, sub-§17 is enacted to
Sec. 2. 38 MRSA §419-C, sub-§1, ¶C, as read:
amended by PL 2003, c. 627, §6, is further amended to
read: 17. Cannabis paraphernalia. "Cannabis para-
phernalia" means equipment, products, devices and ma-
C. After September 1, 2000, sell or offer for sale terials that are used for planting, propagating, cultivat-
in this State any invasive aquatic plant or any plant ing, harvesting, processing, preparing, testing, packag-
of the species and varieties in the genus Myriophyl- ing or storing cannabis for medical use or used for in-
lum that is indigenous to the State; or gesting, inhaling or otherwise consuming cannabis for
See title page for effective date. medical use. "Cannabis paraphernalia" includes, but is
not limited to:
A. Kits used for planting, propagating, cultivating
CHAPTER 6 or harvesting a cannabis plant;
S.P. 50 - L.D. 83 B. Isomerization devices used for adjusting the po-
tency of a cannabis plant;
An Act to Clarify State Policy
Regarding Cannabis C. Testing equipment used for identifying or ana-
lyzing the potency, effectiveness or purity of a can-
Paraphernalia in the Maine nabis plant or harvested cannabis;
Medical Use of Cannabis Act
and the Cannabis Legalization D. Scales and balances used for weighing or meas-
Act uring harvested cannabis;
Emergency preamble. Whereas, acts and re- E. Separation gins and sifters used for removing
solves of the Legislature do not become effective until twigs and seeds from, or in otherwise cleaning or
90 days after adjournment unless enacted as emergen- refining, harvested cannabis;
cies; and F. Envelopes and other containers used for packag-
Whereas, in October 2022, the Department of ing small quantities of harvested cannabis for med-
Administrative and Financial Services, Office of Can- ical use;
nabis Policy notified medical use of cannabis regis- G. Containers and other objects used for storing
trants and adult use cannabis licensees that they must harvested cannabis;
obtain a retail tobacco license in order to sell or give
away certain items used to inhale, ingest or otherwise H. Rolling papers, cigarette papers or wraps used
consume cannabis; and for rolling harvested cannabis for smoking;
Whereas, on November 16, 2022, the Attorney I. Metal, wooden, acrylic, glass, stone, plastic or
General issued a memorandum stating that the Office of ceramic pipes, with or without screens, chillums or
the Attorney General would not bring action against any punctured metal bowls used for smoking harvested
medical use of cannabis registrant or adult use cannabis cannabis; and
licensee for selling or providing cannabis rolled for J. Electronic smoking devices used for simulating
smoking without a retail tobacco license and urging the the smoking of harvested cannabis or cannabis
Legislature to clarify in statute that a retail tobacco li- products through the inhalation of vapor or aerosol
cense is not required for a medical use of cannabis reg- from the device.
istrant or adult use cannabis licensee to sell or give
away certain items used to inhale, ingest or otherwise Sec. 2. 22 MRSA §2423-A, sub-§2, ¶P, as
consume cannabis; and amended by PL 2021, c. 662, §12 and c. 669, §5, is fur-
ther amended to read:
Whereas, until statutory clarity is provided, the
cannabis industry will face economic and regulatory
33
PUBLIC LAW, C. 6 FIRST REGULAR SESSION - 2023
P. Operate one caregiver retail store to sell har- K. Hire any number of assistants who are 21 years
vested cannabis to qualifying patients for the pa- of age or older to assist in performing the duties of
tients' medical use in accordance with this chapter; the dispensary; and
and
Sec. 10. 22 MRSA §2428, sub-§1-A, ¶L, as
Sec. 3. 22 MRSA §2423-A, sub-§2, ¶Q, as enacted by PL 2017, c. 452, §16 and amended by PL
amended by PL 2021, c. 662, §13, is further amended 2021, c. 669, §5, is further amended to read:
to read: L. Transport cannabis plants and harvested canna-
Q. Be organized as any type of legal business en- bis as necessary to carry out the activities autho-
tity recognized under the laws of the State.; and rized under this section.; and
Sec. 4. 22 MRSA §2423-A, sub-§2, ¶S is en- Sec. 11. 22 MRSA §2428, sub-§1-A, ¶M is
acted to read: enacted to read:
S. Notwithstanding chapter 262-A, sell, offer to M. Notwithstanding chapter 262-A, sell, offer to
sell or furnish cannabis paraphernalia to a qualify- sell or furnish cannabis paraphernalia to a qualify-
ing patient, caregiver or registered dispensary for a ing patient or to a caregiver for a qualifying pa-
qualifying patient's medical use of cannabis. tient's medical use of cannabis.
Sec. 5. 22 MRSA §2423-C, as amended by PL Sec. 12. 28-B MRSA §102, sub-§31-A is en-
2017, c. 452, §6 and PL 2021, c. 669, §5, is further acted to read:
amended to read:
31-A. Cannabis paraphernalia. "Cannabis para-
§2423-C. Authorized conduct phernalia" means equipment, products, devices and ma-
terials that are used for planting, propagating, cultivat-
A Notwithstanding chapter 262-A, a person may
provide a qualifying patient or a caregiver or a regis- ing, harvesting, processing, preparing, testing, packag-
ing or storing adult use cannabis or used for ingesting,
tered dispensary with cannabis paraphernalia for pur- inhaling or otherwise consuming adult use cannabis.
poses of the a qualifying patient's medical use of canna-
bis in accordance with this chapter and. A person may "Cannabis paraphernalia" includes, but is not limited to:
be in the presence or vicinity of the medical use of can- A. Kits used for planting, propagating, cultivating
nabis as allowed under this chapter. or harvesting a cannabis plant;
Sec. 6. 22 MRSA §2426, sub-§1, ¶D, as B. Isomerization devices used for adjusting the po-
amended by PL 2009, c. 631, §38 and affected by §51 tency of a cannabis plant;
and amended by PL 2021, c. 669, §5, is further amended C. Testing equipment used for identifying or ana-
to read:
lyzing the potency, effectiveness or purity of a can-
D. Operate, navigate or be in actual physical con- nabis plant or cannabis;
trol of any motor vehicle, aircraft, motorboat,
D. Scales and balances used for weighing or meas-
snowmobile or all-terrain vehicle while under the uring cannabis;
influence of cannabis; or
E. Separation gins and sifters used for removing
Sec. 7. 22 MRSA §2426, sub-§1, ¶E, as twigs and seeds from, or in otherwise cleaning or
amended by PL 2019, c. 331, §21 and PL 2021, c. 669,
refining, cannabis;
§5, is further amended to read:
F. Envelopes and other containers used for packag-
E. Use or possess cannabis plants or harvested can- ing small quantities of cannabis for adult use;
nabis if that person is not a qualifying patient, care-
giver, registered dispensary or other person autho- G. Containers and other objects used for storing
rized to use or possess cannabis under this chapter.; cannabis;
or
H. Rolling papers, cigarette papers or wraps used
Sec. 8. 22 MRSA §2426, sub-§1, ¶F is enacted for rolling cannabis for smoking;
to read:
I. Metal, wooden, acrylic, glass, stone, plastic or
F. Sell, offer to sell or furnish any products con- ceramic pipes, with or without screens, chillums or
taining tobacco, nicotine or synthetic nicotine to punctured metal bowls used for smoking cannabis;
any person without first obtaining a retail tobacco and
license in accordance with chapter 262-A.
J. Electronic smoking devices used for simulating
Sec. 9. 22 MRSA §2428, sub-§1-A, ¶K, as the smoking of cannabis or cannabis products
amended by PL 2021, c. 367, §14, is further amended through the inhalation of vapor or aerosol from the
to read: device.
34
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 8
35
PUBLIC LAW, C. 9 FIRST REGULAR SESSION - 2023
36
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 13
Sec. 1. 26 MRSA §61, sub-§3, as amended by Legislature having jurisdiction over labor matters
PL 1993, c. 52, §2, is further amended to read: or confirmation by the Legislature.
3. Notice of assessments. The Commissioner of Appointments must be consistent with the representa-
Labor or the commissioner's designee shall send notice tion requirements of the Workforce Innovation and Op-
of the assessments by certified mail to each licensed portunity Act. The Governor shall ensure that the board
carrier and each group or individual self-insured em- has sufficient expertise to effectively carry out the du-
ployer. Payment of assessments must be received in an ties and functions of the board. Members must repre-
office of the Department of Labor designated by the sent diverse geographic areas of the State, including ur-
commissioner before a date specified in the notice, but ban, rural and suburban areas.
not more than 90 days after the date of the mailing no- Sec. 2. 26 MRSA §2006, sub-§5-B, as
tice. The department may, through the rules governing
this section, assess penalties for late payment. Such amended by PL 2017, c. 110, §17, is further amended
to read:
penalties may not exceed 6% per year.
5-B. Commission on Disability and Employ-
See title page for effective date. ment. In addition to its other duties, the board, through
its Commission on Disability and Employment, a stand-
CHAPTER 13 ing committee created pursuant to subsection 7, para-
graph A, subparagraph (2) and referred to in this sub-
S.P. 59 - L.D. 120 section as "the standing committee," shall perform the
duties of the former Governor's Committee on Employ-
An Act Regarding the ment of People with Disabilities.
Committee Structure of the
A. The standing committee shall:
State Workforce Board
(1) Advise, consult and assist the executive
Be it enacted by the People of the State of Maine and legislative branches of State Government
as follows: on activities of State Government that affect
Sec. 1. 26 MRSA §2006, sub-§2-A, as enacted the employment of disabled individuals with
by PL 2019, c. 246, §4, is amended to read: disabilities. The standing committee is solely
advisory in nature. The standing committee
2-A. Membership. The board consists of the may advise regarding state and federal plans
Governor, or the Governor's designee, and, at a mini- and proposed budgetary, legislative or policy
mum, the following members: actions affecting disabled individuals with dis-
A. Representatives from business and industry, abilities;
representatives from organized labor and repre- (2) Serve as an advocate on behalf of disabled
sentatives of other interests as determined by the citizens with disabilities promoting and assist-
Governor. These appointments are subject to re- ing activities designed to further equal oppor-
view by the joint standing committee of the Legis- tunity for people individuals with disabilities;
lature having jurisdiction over labor matters and
confirmation by the Legislature; and (3) Conduct educational programs considered
necessary to promote public understanding of
B. The following ex officio members: the employment-related needs and abilities of
(1) County commissioners designated by local disabled citizens of this State with disabilities;
boards appointed by the Governor; (4) Provide information, training and tech-
(2) The Commissioner of Labor or the com- nical assistance to promote greater employer
missioner's designee; acceptance of disabled workers with disabili-
ties;
(3) The Commissioner of Education or the
commissioner's designee; (5) Advise and assist employers and other or-
ganizations interested in developing employ-
(4) The Commissioner of Economic and ment opportunities for disabled people indi-
Community Development or the commission- viduals with disabilities; and
er's designee; and
(6) Work with state and local government of-
(5) Other state, county or municipal officials ficials, organizations representing persons in-
as the Governor considers necessary appointed dividuals with disabilities and the business
by the Governor. community to inform the public of the benefits
The appointments of these members are not subject of making facilities and services accessible to
to review by the joint standing committee of the and usable by individuals with disabilities.
37
PUBLIC LAW, C. 14 FIRST REGULAR SESSION - 2023
B. The standing committee shall administer in limited to, organizations that conduct pro-
accordance with current fiscal and accounting reg- grams or activities as specified in Section
ulations of the State, and in accordance with the 121(b)(1)(B) of the Workforce Innovation and
philosophy, objectives and authority of this subsec- Opportunity Act.
tion, any funds appropriated for expenditure by the
B. The board may create committees in addition to
standing committee or any grants or gifts that may those in paragraph A to address specific problems
become available and are accepted and received by
the standing committee. and issues. These committees shall make recom-
mendations to the full board.
C. The standing committee shall submit an annual
D. The standing committees under paragraph A
report directly to the Governor and the Legislature committee established pursuant to this subsection
not later than January 1st of each year concerning
its work, recommendations and interest of the pre- may receive and accept, from any source, alloca-
tions, appropriations, loans, grants and contribu-
vious fiscal year and future plans. The standing tions of money or other things of value to be held,
committee shall make any interim reports it consid-
ers advisable. used or applied to carry out this section, subject to
the conditions upon which the loans, grants and
D. The standing committee shall keep minutes of contributions may be made, including, but not lim-
all meetings, including a list of people in atten- ited to, appropriations, allocations, loans, grants or
dance. gifts from a private source, federal agency or gov-
ernmental subdivision of the State or its agencies.
E. The standing committee may employ, subject to
the Civil Service Law, the staff necessary to carry See title page for effective date.
out its objectives. The standing committee may
employ consultants and contract for projects it de-
termines necessary. To the extent feasible and rea- CHAPTER 14
sonable, the standing committee must be given the H.P. 107 - L.D. 166
staff, facilities, equipment, supplies, information
and other assistance required to carry out its activ- An Act to Provide Revenue for
ities. Property Tax Relief and
F. The standing committee may make necessary Capital Infrastructure Projects
rules, consistent with this subsection, for promot-
ing its purposes. Be it enacted by the People of the State of Maine
as follows:
Sec. 3. 26 MRSA §2006, sub-§7, as amended Sec. 1. 30-A MRSA §3009, sub-§1, ¶C, as
by PL 2017, c. 110, §19, is further amended to read:
amended by PL 2019, c. 648, §2, is further amended by
7. Committee structure Committees. The board amending subparagraph (3), division (c) to read:
has the following committee structure may establish
committees as necessary to meet the strategic vision of (c) To acquire, construct, maintain and
the board and to address specific problems and issues operate public parking areas; and
that arise. A committee established pursuant to this Sec. 2. 30-A MRSA §3009, sub-§1, ¶C, as
subsection shall make recommendations to the full amended by PL 2019, c. 648, §2, is further amended by
board. enacting a new subparagraph (3), division (c-1) to read:
A. The board shall create 6 standing committees. (c-1) To provide for property tax relief;
The standing committees shall make recommenda-
tions to the full board. The 6 standing committees Sec. 3. 30-A MRSA §3009, sub-§1, ¶C, as
are as follows: amended by PL 2019, c. 648, §2, is further amended by
enacting a new subparagraph (3), division (c-2) to read:
(1) Younger workers;
(c-2) To acquire, construct, maintain and
(2) Commission on Disability and Employ- operate capital infrastructure projects; and
ment;
See title page for effective date.
(3) Women's employment issues;
(4) Older workers;
(5) Veterans employment; and
(6) The Program Partners Committee. Organ-
izations with representation on the Program
Partners Committee may include, but are not
38
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
CHAPTER 15 CHAPTER 17
S.P. 128 - L.D. 269 H.P. 257 - L.D. 424
An Act to Designate Granitic An Act Making Certain
Pegmatite as the Maine State Appropriations and Allocations
Rock and Changing Certain
Be it enacted by the People of the State of Maine Provisions of the Law
as follows: Necessary to the Proper
Operations of State
Sec. 1. 1 MRSA §230 is enacted to read: Government for the Fiscal
§230. State rock Years Ending June 30, 2023,
Granitic pegmatite is the official state rock. June 30, 2024 and
June 30, 2025
See title page for effective date.
Be it enacted by the People of the State of Maine
as follows:
CHAPTER 16 PART A
S.P. 140 - L.D. 319 Sec. A-1. Appropriations and alloca-
tions. The following appropriations and allocations
An Act to Amend Maine's are made.
Underground Oil Storage Tank
Laws ADMINISTRATIVE AND FINANCIAL
SERVICES, DEPARTMENT OF
Be it enacted by the People of the State of Maine
as follows: Accident - Sickness - Health Insurance 0455
Sec. 1. 38 MRSA §564, sub-§5, as repealed Initiative: BASELINE BUDGET
and replaced by PL 2011, c. 276, §1, is amended to read: GENERAL FUND 2023-24 2024-25
All Other $772,957 $772,957
5. Mandatory facility replacement. Upon the __________ __________
expiration date of a manufacturer's warranty for a tank, GENERAL FUND TOTAL $772,957 $772,957
the tank and its associated piping must be removed from
service and properly abandoned in accordance with sec- RETIREE HEALTH 2023-24 2024-25
tion 566‑A, except that a double-walled tank may con- INSURANCE FUND
tinue in service up to 10 years beyond the expiration of All Other $116,951,295 $116,951,295
the warranty if: __________ __________
RETIREE HEALTH $116,951,295 $116,951,295
A. During the year the warranty expires but on a INSURANCE FUND TOTAL
date before the warranty expires, a precision test is
conducted to determine the integrity of the tank. ACCIDENT, SICKNESS AND 2023-24 2024-25
Results of the test conducted must be submitted to HEALTH INSURANCE
the commissioner by the facility owner; and INTERNAL SERVICE FUND
POSITIONS - 15.000 15.000
B. During the 5th to 10th years Beginning in the
LEGISLATIVE COUNT
5th year after the expiration of the warranty, a pre- Personal Services $1,484,670 $1,524,200
cision test is conducted annually to determine the All Other $1,607,403 $1,607,403
integrity of the tank. Results of each test must be __________ __________
submitted to the commissioner by the facility ACCIDENT, SICKNESS AND $3,092,073 $3,131,603
owner. HEALTH INSURANCE
INTERNAL SERVICE FUND
This subsection does not apply until January 1, 2008 to TOTAL
a tank installed before December 31, 1985 that has been
retrofitted to meet the requirements of subsections 1‑A FIREFIGHTERS AND LAW 2023-24 2024-25
and 1‑B. ENFORCEMENT OFFICERS
See title page for effective date. HEALTH INSURANCE
PROGRAM FUND
POSITIONS - 1.000 1.000
LEGISLATIVE COUNT
Personal Services $97,160 $101,161
39
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
40
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
41
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
42
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
43
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
44
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
Elderly Tax Deferral Program 0650 program, General Fund to the Division of Financial and
Personnel Services program, Financial and Personnel
Initiative: BASELINE BUDGET
Services Fund.
FEDERAL EXPENDITURES 2023-24 2024-25
FINANCIAL AND 2023-24 2024-25
FUND - ARP STATE FISCAL
PERSONNEL SERVICES
RECOVERY
FUND
All Other $843,870 $500
POSITIONS - 1.000 1.000
__________ __________
LEGISLATIVE COUNT
FEDERAL EXPENDITURES $843,870 $500
Personal Services $98,037 $103,271
FUND - ARP STATE FISCAL
__________ __________
RECOVERY TOTAL
FINANCIAL AND $98,037 $103,271
ELDERLY TAX DEFERRAL PROGRAM 0650 PERSONNEL SERVICES
FUND TOTAL
PROGRAM SUMMARY
FINANCIAL AND PERSONNEL SERVICES -
FEDERAL EXPENDITURES 2023-24 2024-25 DIVISION OF 0713
FUND - ARP STATE FISCAL
RECOVERY PROGRAM SUMMARY
All Other $843,870 $500
__________ __________ OTHER SPECIAL 2023-24 2024-25
FEDERAL EXPENDITURES $843,870 $500 REVENUE FUNDS
FUND - ARP STATE FISCAL All Other $30,000 $30,000
RECOVERY TOTAL __________ __________
OTHER SPECIAL REVENUE $30,000 $30,000
Financial and Personnel Services - Division of 0713 FUNDS TOTAL
Initiative: BASELINE BUDGET FINANCIAL AND 2023-24 2024-25
OTHER SPECIAL 2023-24 2024-25 PERSONNEL SERVICES
REVENUE FUNDS FUND
All Other $30,000 $30,000 POSITIONS - 276.000 276.000
__________ __________ LEGISLATIVE COUNT
OTHER SPECIAL REVENUE $30,000 $30,000 Personal Services $26,789,959 $27,519,997
FUNDS TOTAL All Other $1,628,168 $1,628,168
__________ __________
FINANCIAL AND 2023-24 2024-25 FINANCIAL AND $28,418,127 $29,148,165
PERSONNEL SERVICES PERSONNEL SERVICES
FUND FUND TOTAL
POSITIONS - 275.000 275.000 Homestead Property Tax Exemption
LEGISLATIVE COUNT
Personal Services $26,675,684 $27,399,986
Reimbursement 0886
All Other $1,628,168 $1,628,168 Initiative: BASELINE BUDGET
__________ __________
FINANCIAL AND $28,303,852 $29,028,154 GENERAL FUND 2023-24 2024-25
PERSONNEL SERVICES All Other $97,580,000 $97,580,000
FUND TOTAL __________ __________
GENERAL FUND TOTAL $97,580,000 $97,580,000
Financial and Personnel Services - Division of 0713
Homestead Property Tax Exemption
Initiative: Provides funding for the proposed reclassifi- Reimbursement 0886
cation of one Office Associate II position to an Ac-
counting Analyst position to support federal grant man- Initiative: Provides funding for the Homestead Property
agement within the Natural Resources Service Center. Tax Exemption Reimbursement program for the in-
crease in property tax exemption reimbursement to mu-
FINANCIAL AND 2023-24 2024-25 nicipalities under Public Law 2021, chapter 398, Part
PERSONNEL SERVICES PPPP.
FUND
Personal Services $16,238 $16,740 GENERAL FUND 2023-24 2024-25
__________ __________ All Other $5,920,000 $10,920,000
FINANCIAL AND $16,238 $16,740 __________ __________
PERSONNEL SERVICES GENERAL FUND TOTAL $5,920,000 $10,920,000
FUND TOTAL
HOMESTEAD PROPERTY TAX EXEMPTION
Financial and Personnel Services - Division of 0713 REIMBURSEMENT 0886
Initiative: Transfers one Public Service Coordinator I PROGRAM SUMMARY
position from the Administration - Human Resources GENERAL FUND 2023-24 2024-25
45
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
46
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
47
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
Office of the Commissioner - Administrative and implementation of the property tax stabilization pro-
Financial Services 0718 gram for the homestead of a permanent resident who is
Initiative: BASELINE BUDGET at least 65 years of age pursuant to Public Law 2021,
chapter 751, An Act To Stabilize Property Taxes for In-
GENERAL FUND 2023-24 2024-25 dividuals 65 Years of Age or Older Who Own a Home-
POSITIONS - 12.000 12.000 stead for at Least 10 Years.
LEGISLATIVE COUNT
Personal Services $1,818,578 $1,855,476 GENERAL FUND 2023-24 2024-25
All Other $153,687 $153,687 All Other $500,000 $550,000
__________ __________ __________ __________
GENERAL FUND TOTAL $1,972,265 $2,009,163 GENERAL FUND TOTAL $500,000 $550,000
PROPERTY TAX STABILIZATION MANDATE
OTHER SPECIAL 2023-24 2024-25 Z369
REVENUE FUNDS
All Other $5,000 $5,000 PROGRAM SUMMARY
__________ __________
GENERAL FUND 2023-24 2024-25
OTHER SPECIAL REVENUE $5,000 $5,000
All Other $500,000 $550,000
FUNDS TOTAL
__________ __________
OFFICE OF THE COMMISSIONER - GENERAL FUND TOTAL $500,000 $550,000
ADMINISTRATIVE AND FINANCIAL Public Improvements - Planning/Construction -
SERVICES 0718 Administration 0057
PROGRAM SUMMARY Initiative: BASELINE BUDGET
GENERAL FUND 2023-24 2024-25
GENERAL FUND 2023-24 2024-25
POSITIONS - 12.000 12.000 POSITIONS - 11.000 11.000
LEGISLATIVE COUNT LEGISLATIVE COUNT
Personal Services $1,818,578 $1,855,476
Personal Services $1,426,113 $1,447,608
All Other $153,687 $153,687 All Other $1,014,951 $1,014,951
__________ __________ __________ __________
GENERAL FUND TOTAL $1,972,265 $2,009,163
GENERAL FUND TOTAL $2,441,064 $2,462,559
OTHER SPECIAL 2023-24 2024-25
OTHER SPECIAL 2023-24 2024-25
REVENUE FUNDS REVENUE FUNDS
All Other $5,000 $5,000 All Other $31,000 $31,000
__________ __________
__________ __________
OTHER SPECIAL REVENUE $5,000 $5,000 OTHER SPECIAL REVENUE $31,000 $31,000
FUNDS TOTAL
FUNDS TOTAL
Property Tax Stabilization Z368 PUBLIC IMPROVEMENTS - PLANNING/
Initiative: Provides funding for reimbursement to mu- CONSTRUCTION - ADMINISTRATION 0057
nicipalities for the amount of property tax assessed in PROGRAM SUMMARY
excess of the amount stabilized on a homestead of a per-
manent resident who is at least 65 years of age pursuant GENERAL FUND 2023-24 2024-25
to Public Law 2021, chapter 751, An Act To Stabilize POSITIONS - 11.000 11.000
Property Taxes for Individuals 65 Years of Age or LEGISLATIVE COUNT
Older Who Own a Homestead for at Least 10 Years. Personal Services $1,426,113 $1,447,608
All Other $1,014,951 $1,014,951
GENERAL FUND 2023-24 2024-25 __________ __________
All Other $15,000,000 $31,000,000 GENERAL FUND TOTAL $2,441,064 $2,462,559
__________ __________
GENERAL FUND TOTAL $15,000,000 $31,000,000 OTHER SPECIAL 2023-24 2024-25
REVENUE FUNDS
PROPERTY TAX STABILIZATION Z368 All Other $31,000 $31,000
PROGRAM SUMMARY __________ __________
OTHER SPECIAL REVENUE $31,000 $31,000
GENERAL FUND 2023-24 2024-25 FUNDS TOTAL
All Other $15,000,000 $31,000,000
__________ __________ Purchases - Division of 0007
GENERAL FUND TOTAL $15,000,000 $31,000,000
Initiative: BASELINE BUDGET
Property Tax Stabilization Mandate Z369 GENERAL FUND 2023-24 2024-25
Initiative: Provides funding for reimbursement to mu- POSITIONS - 13.500 13.500
nicipalities for the state-mandated costs related to the LEGISLATIVE COUNT
48
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
49
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
Initiative: Provides funding for the proposed reorgani- corporate income tax returns required as a result of the
zation of one Taxation Division Assistant Executive po- enactment of Public Law 2021, chapter 681, An Act To
sition and 2 Tax Section Manager positions to District Enhance Tribal-State Collaboration, To Revise the Tax
Tax Audit Manager positions. Laws Regarding the Houlton Band of Maliseet Indians,
GENERAL FUND 2023-24 2024-25
the Passamaquoddy Tribe and the Penobscot Nation
Personal Services $17,113 $17,102 and To Authorize Casinos, Off-track Betting Facilities,
__________ __________ Federally Recognized Indian Tribes and Certain Com-
GENERAL FUND TOTAL $17,113 $17,102 mercial Tracks To Conduct Sports Wagering.
Revenue Services, Bureau of 0002 GENERAL FUND 2023-24 2024-25
All Other $66,000 $0
Initiative: Provides funding for the proposed reorgani- __________ __________
zation of one Public Service Coordinator I position to a GENERAL FUND TOTAL $66,000 $0
Public Service Coordinator II position within the Office
of Tax Policy. The reorganization is necessary due to Revenue Services, Bureau of 0002
the expansion of duties required of the position. Initiative: Provides one-time funding for computer pro-
GENERAL FUND 2023-24 2024-25
gramming to add lines to the individual, fiduciary and
Personal Services $10,183 $10,708 corporate income tax returns required as a result of the
__________ __________ enactment of Public Law 2021, chapter 482, An Act To
GENERAL FUND TOTAL $10,183 $10,708 Revitalize Maine's Paper Industry through the Estab-
lishment of an Income Tax Credit for Paper Manufac-
Revenue Services, Bureau of 0002 turing.
Initiative: Provides funding for debt service authorized GENERAL FUND 2023-24 2024-25
in Public Law 2019, chapter 343, Part O for the acqui- All Other $33,000 $0
sition, licensing, installation, implementation, mainte- __________ __________
nance and support of computer hardware and software GENERAL FUND TOTAL $33,000 $0
and other systems to support the operations of the tax
Revenue Services, Bureau of 0002
collection system.
GENERAL FUND 2023-24 2024-25
Initiative: Provides funding for reimbursement to mu-
All Other $5,829,950 $6,496,058 nicipalities for the state-mandated costs related to the
__________ __________ implementation of the property tax stabilization pro-
GENERAL FUND TOTAL $5,829,950 $6,496,058 gram for the homestead of a permanent resident who is
at least 65 years of age pursuant to Public Law 2021,
Revenue Services, Bureau of 0002 chapter 751, An Act To Stabilize Property Taxes for In-
Initiative: Provides funding to reimburse municipalities dividuals 65 Years of Age or Older Who Own a Home-
50% of the amount of property tax reduction resulting stead for at Least 10 Years.
from the exemption of central labor councils from prop- GENERAL FUND 2023-24 2024-25
erty tax as required by Public Law 2021, chapter 410, All Other ($196,250) ($196,250)
An Act To Improve Maine's Tax Laws by Providing a __________ __________
Property Tax Exemption for Central Labor Councils. GENERAL FUND TOTAL ($196,250) ($196,250)
GENERAL FUND 2023-24 2024-25 REVENUE SERVICES, BUREAU OF 0002
All Other $1,300 $1,350
__________ __________ PROGRAM SUMMARY
GENERAL FUND TOTAL $1,300 $1,350 GENERAL FUND 2023-24 2024-25
Revenue Services, Bureau of 0002 POSITIONS - 288.500 288.500
LEGISLATIVE COUNT
Initiative: Provides one-time funding for computer pro- Personal Services $30,734,947 $31,323,935
gramming to add lines to the individual income tax and All Other $22,615,531 $23,160,689
fiduciary income tax returns required as a result of the __________ __________
enactment of Public Law 2021, chapter 707, An Act To GENERAL FUND TOTAL $53,350,478 $54,484,624
Reinstate and Increase the Income Tax Deduction for
Contributions to Education Savings Plans. OTHER SPECIAL 2023-24 2024-25
REVENUE FUNDS
GENERAL FUND 2023-24 2024-25 All Other $11,463,848 $11,463,848
All Other $22,000 $0 __________ __________
__________ __________ OTHER SPECIAL REVENUE $11,463,848 $11,463,848
GENERAL FUND TOTAL $22,000 $0 FUNDS TOTAL
Revenue Services, Bureau of 0002
FEDERAL EXPENDITURES 2023-24 2024-25
Initiative: Provides one-time funding for computer pro- FUND - ARP STATE FISCAL
gramming to add lines to the individual, fiduciary and RECOVERY
50
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
51
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
52
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
53
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
54
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
55
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
FEDERAL EXPENDITURES 2023-24 2024-25 50% Harness Racing Commission program, Other Spe-
FUND - ARP STATE FISCAL cial Revenue Funds to 50% Harness Racing Commis-
RECOVERY sion program, Other Special Revenue Funds, 25% Milk
All Other $110,424 $1,000 Commission program, Other Special Revenue Funds
__________ __________ and 25% Bureau of Agriculture program, General Fund.
FEDERAL EXPENDITURES $110,424 $1,000
FUND - ARP STATE FISCAL GENERAL FUND 2023-24 2024-25
RECOVERY TOTAL Personal Services $31,252 $31,743
__________ __________
Bureau of Agriculture 0393 GENERAL FUND TOTAL $31,252 $31,743
Initiative: Transfers funding for the VISTA ending hun- Bureau of Agriculture 0393
ger program from the Office of the Commissioner pro-
gram to the Bureau of Agriculture program, General Initiative: Reallocates the cost of one Office Associate
Fund account and establishes a baseline allocation in II position from 50% Harness Racing Commission pro-
the corresponding Other Special Revenue Funds ac- gram, Other Special Revenue Funds and 50% Milk
count. Commission program, Other Special Revenue Funds to
50% Harness Racing Commission program, Other Spe-
GENERAL FUND 2023-24 2024-25 cial Revenue Funds, 25% Milk Commission program,
All Other $84,630 $84,630
__________ __________
Other Special Revenue Funds and 25% Bureau of Ag-
GENERAL FUND TOTAL $84,630 $84,630 riculture program, General Fund.
GENERAL FUND 2023-24 2024-25
OTHER SPECIAL 2023-24 2024-25 Personal Services $18,341 $18,653
REVENUE FUNDS __________ __________
All Other $80,000 $80,000 GENERAL FUND TOTAL $18,341 $18,653
__________ __________
OTHER SPECIAL REVENUE $80,000 $80,000 Bureau of Agriculture 0393
FUNDS TOTAL Initiative: Transfers and reallocates the cost of one Vol-
Bureau of Agriculture 0393 unteer Services Coordinator position from 100% Office
of the Commissioner program, Other Special Revenue
Initiative: Continues one limited-period Planning and Funds to 60% Bureau of Agriculture program, General
Research Associate II position previously continued in Fund and 40% Bureau of Agriculture program, Federal
Public Law 2021, chapter 29 to work with the federal Expenditures Fund and decreases All Other in the Bu-
emergency food assistance program and commodity reau of Agriculture program, General Fund account to
supplemental food program and provides funding for fund the transfer.
related All Other costs. This position will end June 7,
2025. GENERAL FUND 2023-24 2024-25
POSITIONS - 1.000 1.000
FEDERAL EXPENDITURES 2023-24 2024-25 LEGISLATIVE COUNT
FUND Personal Services $63,315 $64,531
Personal Services $93,249 $98,393 All Other ($63,315) ($64,531)
All Other $9,561 $9,884 __________ __________
__________ __________ GENERAL FUND TOTAL $0 $0
FEDERAL EXPENDITURES $102,810 $108,277
FUND TOTAL FEDERAL EXPENDITURES 2023-24 2024-25
Bureau of Agriculture 0393 FUND
Personal Services $42,211 $43,020
Initiative: Reallocates the cost of one Public Service All Other $2,645 $2,695
Manager I position from 100% Milk Commission pro- __________ __________
gram, Other Special Revenue Funds to 55% Milk Com- FEDERAL EXPENDITURES $44,856 $45,715
mission program, Other Special Revenue Funds and FUND TOTAL
45% Bureau of Agriculture program, General Fund. Bureau of Agriculture 0393
GENERAL FUND 2023-24 2024-25 Initiative: Transfers and reallocates one Entomology
Personal Services $58,889 $59,549 Technician position from 100% Federal Expenditures
__________ __________
GENERAL FUND TOTAL $58,889 $59,549
Fund to 100% Other Special Revenue Funds within the
same program and provides funding to increase the
Bureau of Agriculture 0393 hours of the position from 48 hours to 80 hours bi-
Initiative: Transfers and reallocates the cost of one Pub- weekly.
lic Service Coordinator I position from 50% Milk Com- FEDERAL EXPENDITURES 2023-24 2024-25
mission program, Other Special Revenue Funds and FUND
POSITIONS - FTE COUNT (0.277) (0.277)
56
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
57
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
Personal Services $356,398 $363,228 Initiative: Provides funding for annual health screening
All Other $720,644 $720,644 for forest rangers due to exposure to hazardous chemi-
__________ __________ cals. Public Law 2021, chapter 678 added forest rangers
FEDERAL EXPENDITURES $1,077,042 $1,083,872 to the list of firefighters covered under the Maine Re-
FUND TOTAL vised Statutes, Title 39-A, section 328-B.
OTHER SPECIAL 2023-24 2024-25 GENERAL FUND 2023-24 2024-25
REVENUE FUNDS All Other $25,326 $25,326
All Other $227,529 $227,529 __________ __________
__________ __________ GENERAL FUND TOTAL $25,326 $25,326
OTHER SPECIAL REVENUE $227,529 $227,529
FUNDS TOTAL
DIVISION OF FOREST PROTECTION Z232
Division of Forest Protection Z232 PROGRAM SUMMARY
GENERAL FUND 2023-24 2024-25
Initiative: Provides funding for the approved reclassifi- POSITIONS - 77.000 77.000
cation of 4 Ranger Pilot positions from range 25 to LEGISLATIVE COUNT
range 26. POSITIONS - FTE COUNT 2.307 2.307
GENERAL FUND 2023-24 2024-25 Personal Services $9,166,436 $9,391,380
Personal Services $23,151 $23,139 All Other $2,513,298 $2,513,298
__________ __________ __________ __________
GENERAL FUND TOTAL $23,151 $23,139 GENERAL FUND TOTAL $11,679,734 $11,904,678
58
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
59
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
60
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
61
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
62
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
63
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
64
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
65
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
66
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
67
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
68
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
69
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
GENERAL FUND 2023-24 2024-25 Initiative: Reallocates one Research Assistant MSEA-
POSITIONS - 1.000 1.000 B position from 100% General Fund to 55% General
LEGISLATIVE COUNT Fund and 45% Other Special Revenue Funds.
Personal Services $96,108 $98,136
All Other $5,248 $5,248 GENERAL FUND 2023-24 2024-25
__________ __________ Personal Services ($36,554) ($38,457)
GENERAL FUND TOTAL $101,356 $103,384 __________ __________
GENERAL FUND TOTAL ($36,554) ($38,457)
Administration - Attorney General 0310
Initiative: Adjusts funding for the increased hours of OTHER SPECIAL 2023-24 2024-25
one Research Assistant MSEA-B position funded by REVENUE FUNDS
Personal Services $36,554 $38,457
the General Fund from 40 hours biweekly to 80 hours __________ __________
biweekly, eliminates another 40-hour-biweekly Re- OTHER SPECIAL REVENUE $36,554 $38,457
search Assistant MSEA-B position funded by Other FUNDS TOTAL
Special Revenue Funds and establishes one Research
Assistant MSEA-B position, allocating the costs of the Administration - Attorney General 0310
position to 50% General Fund and 50% Other Special Initiative: Reallocates one Deputy Attorney General po-
Revenue Funds within the same program, and provides sition from 60% General Fund and 40% Other Special
for related All Other costs. Revenue Funds to 100% General Fund and one Assis-
GENERAL FUND 2023-24 2024-25 tant Attorney General position from 100% General
POSITIONS - 0.500 0.500 Fund to 60% General Fund and 40% Other Special Rev-
LEGISLATIVE COUNT enue Funds within the same program.
Personal Services ($107) ($108)
GENERAL FUND 2023-24 2024-25
__________ __________
Personal Services ($1,159) ($1,127)
GENERAL FUND TOTAL ($107) ($108)
__________ __________
GENERAL FUND TOTAL ($1,159) ($1,127)
OTHER SPECIAL 2023-24 2024-25
REVENUE FUNDS
OTHER SPECIAL 2023-24 2024-25
POSITIONS - (0.500) (0.500)
REVENUE FUNDS
LEGISLATIVE COUNT
Personal Services $1,070 $1,127
Personal Services ($109) ($111)
__________ __________
All Other ($3) ($3)
OTHER SPECIAL REVENUE $1,070 $1,127
__________ __________
FUNDS TOTAL
OTHER SPECIAL REVENUE ($112) ($114)
FUNDS TOTAL ADMINISTRATION - ATTORNEY GENERAL
Administration - Attorney General 0310 0310
Initiative: Establishes one Research Assistant MSEA-B PROGRAM SUMMARY
position in compliance with Public Law 2021, chapter GENERAL FUND 2023-24 2024-25
460, An Act To Implement the Attorney General's Rec- POSITIONS - 66.000 66.000
ommendations on Data Collection in Order To Elimi- LEGISLATIVE COUNT
nate Profiling in Maine, and provides funding for re- Personal Services $8,184,672 $8,381,795
lated All Other costs. All Other $848,493 $848,493
__________ __________
GENERAL FUND 2023-24 2024-25 GENERAL FUND TOTAL $9,033,165 $9,230,288
POSITIONS - 1.000 1.000
LEGISLATIVE COUNT FEDERAL EXPENDITURES 2023-24 2024-25
Personal Services $76,548 $80,696 FUND
All Other $5,248 $5,248 POSITIONS - 10.000 10.000
__________ __________ LEGISLATIVE COUNT
GENERAL FUND TOTAL $81,796 $85,944 Personal Services $1,642,249 $1,688,597
Administration - Attorney General 0310 All Other $268,629 $268,629
__________ __________
Initiative: Provides funding for the approved reorgani- FEDERAL EXPENDITURES $1,910,878 $1,957,226
zation of one Director Investigations position to a Re- FUND TOTAL
search Assistant position.
OTHER SPECIAL 2023-24 2024-25
GENERAL FUND 2023-24 2024-25 REVENUE FUNDS
Personal Services $5,006 $5,005 POSITIONS - 56.000 56.000
__________ __________ LEGISLATIVE COUNT
GENERAL FUND TOTAL $5,006 $5,005 Personal Services $8,130,365 $8,383,624
Administration - Attorney General 0310 All Other $796,623 $796,712
70
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
71
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
72
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
73
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
74
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
75
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
76
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
77
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
78
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
79
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
80
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
81
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
82
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
83
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
84
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
85
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
Initiative: Continues and makes permanent one Senior FEDERAL EXPENDITURES 2023-24 2024-25
Planner position previously continued in Financial Or- FUND
der 002258 F3 to function as a mass care coordinator to POSITIONS - 13.000 13.000
provide disaster state relations services, including mass LEGISLATIVE COUNT
care sheltering, feeding and volunteer agency coordina- Personal Services $1,906,163 $1,967,221
tion during and after disaster events.
86
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
87
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
88
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
89
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
90
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
Downeast Institute for Applied Marine Research OTHER SPECIAL 2023-24 2024-25
and Education 0993 REVENUE FUNDS
Initiative: BASELINE BUDGET All Other $30,000 $30,000
__________ __________
GENERAL FUND 2023-24 2024-25 OTHER SPECIAL REVENUE $30,000 $30,000
All Other $12,554 $12,554 FUNDS TOTAL
__________ __________
GENERAL FUND TOTAL $12,554 $12,554 FEDERAL EXPENDITURES 2023-24 2024-25
FUND - ARP STATE FISCAL
DOWNEAST INSTITUTE FOR APPLIED RECOVERY
MARINE RESEARCH AND EDUCATION 0993 All Other $283,176 $147,602
PROGRAM SUMMARY __________ __________
FEDERAL EXPENDITURES $283,176 $147,602
GENERAL FUND 2023-24 2024-25 FUND - ARP STATE FISCAL
All Other $12,554 $12,554 RECOVERY TOTAL
91
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
92
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
93
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
94
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
95
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
96
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
97
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
98
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
99
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
General Purpose Aid for Local Schools 0308 All Other ($12,531) ($13,177)
__________ __________
Initiative: Reallocates the cost of one Public Service GENERAL FUND TOTAL $0 $0
Executive II position from 50% Leadership Team pro-
gram and 50% General Purpose Aid for Local Schools General Purpose Aid for Local Schools 0308
program to 70% Leadership Team program and 30% Initiative: Continues and makes permanent one Re-
General Purpose Aid for Local Schools program all gional Education Representative position previously
within the same fund. continued in Public Law 2021, chapter 635 funded
GENERAL FUND 2023-24 2024-25 100% Learning Systems Team program, Federal Ex-
Personal Services ($37,630) ($38,006) penditures Fund, transfers the position to the Federal
__________ __________ Expenditures Fund - ARP within the same program be-
GENERAL FUND TOTAL ($37,630) ($38,006) ginning October 1, 2023 and then transfers the position
General Purpose Aid for Local Schools 0308 to the General Purpose Aid for Local Schools program,
General Fund beginning October 1, 2024. This initia-
Initiative: Provides funding for the approved reorgani- tive also reduces All Other funding in the General Pur-
zation of one Education Specialist III position to a Pub- pose Aid for Local Schools program, General Fund to
lic Service Coordinator II position and reduces funding fund the position beginning October 1, 2024.
in All Other to fund the reorganization.
GENERAL FUND 2023-24 2024-25
GENERAL FUND 2023-24 2024-25 POSITIONS - 0.000 1.000
Personal Services $7,792 $12,200 LEGISLATIVE COUNT
All Other ($7,792) ($12,200) Personal Services $0 $90,530
__________ __________ All Other $0 ($90,530)
GENERAL FUND TOTAL $0 $0 __________ __________
GENERAL FUND TOTAL $0 $0
General Purpose Aid for Local Schools 0308
General Purpose Aid for Local Schools 0308
Initiative: Transfers one Education Specialist III posi-
tion from the General Purpose Aid for Local Schools Initiative: Continues and makes permanent one Educa-
program, General Fund to the Learning Systems Team tion Specialist III position and one Public Service Man-
program, Federal Expenditures Fund. This initiative ager III position previously continued in Public Law
also provides funding in the Learning Systems Team 2021, chapter 29 and reduces All Other to fund the po-
program, Federal Expenditures Fund for related All sitions.
Other costs. GENERAL FUND 2023-24 2024-25
GENERAL FUND 2023-24 2024-25 POSITIONS - 2.000 2.000
POSITIONS - (1.000) (1.000) LEGISLATIVE COUNT
LEGISLATIVE COUNT Personal Services $273,758 $281,897
Personal Services ($121,334) ($123,041) All Other ($273,758) ($281,897)
__________ __________ __________ __________
GENERAL FUND TOTAL ($121,334) ($123,041) GENERAL FUND TOTAL $0 $0
General Purpose Aid for Local Schools 0308 GENERAL PURPOSE AID FOR LOCAL
SCHOOLS 0308
Initiative: Adjusts funding to bring allocations in line
with projected available resources for fiscal year 2023- PROGRAM SUMMARY
24 and fiscal year 2024-25. GENERAL FUND 2023-24 2024-25
OTHER SPECIAL 2023-24 2024-25 POSITIONS - 21.000 22.000
REVENUE FUNDS LEGISLATIVE COUNT
All Other $2,271,398 $2,330,571 Personal Services $2,754,378 $2,930,189
__________ __________ All Other $1,373,750,872 $1,391,580,306
OTHER SPECIAL REVENUE $2,271,398 $2,330,571 __________ __________
FUNDS TOTAL GENERAL FUND TOTAL $1,376,505,250 $1,394,510,495
General Purpose Aid for Local Schools 0308 OTHER SPECIAL 2023-24 2024-25
Initiative: Provides funding for the approved reorgani- REVENUE FUNDS
All Other $23,669,263 $23,728,436
zation of one Public Service Manager II position from __________ __________
range 30 to 33 and transfers All Other to Personal Ser- OTHER SPECIAL REVENUE $23,669,263 $23,728,436
vices to fund the reorganization. FUNDS TOTAL
GENERAL FUND 2023-24 2024-25 Higher Education and Educator Support Services
Personal Services $12,531 $13,177
Z082
Initiative: BASELINE BUDGET
100
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
101
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
Initiative: Continues and makes permanent one Man- All Other $2,233,712 $2,233,712
agement Analyst II position previously continued in __________ __________
Public Law 2021, chapter 29. This initiative also pro- OTHER SPECIAL REVENUE $2,390,417 $2,391,338
vides funding for the approved reorganization of the FUNDS TOTAL
Management Analyst II position to a Public Service Co- Learning Systems Team Z081
ordinator I position and provides funding for related All
Other costs. Initiative: BASELINE BUDGET
GENERAL FUND 2023-24 2024-25 GENERAL FUND 2023-24 2024-25
POSITIONS - 1.000 1.000 POSITIONS - 2.000 2.000
LEGISLATIVE COUNT LEGISLATIVE COUNT
Personal Services $114,602 $120,194 Personal Services $266,731 $269,944
All Other $8,860 $8,860 All Other $2,839,086 $2,839,086
__________ __________ __________ __________
GENERAL FUND TOTAL $123,462 $129,054 GENERAL FUND TOTAL $3,105,817 $3,109,030
102
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
All Other $2,883 $2,923 Initiative: Continues one limited-period Education Spe-
__________ __________ cialist II position previously continued by Financial Or-
FEDERAL EXPENDITURES $124,217 $125,964 der CV0457 F3 through September 30, 2024 and pro-
FUND TOTAL vides one-time funding for related All Other costs.
Learning Systems Team Z081 FEDERAL EXPENDITURES 2023-24 2024-25
Initiative: Provides funding for the approved reorgani- FUND - ARP
zation of one Education Specialist III position to a Pub- Personal Services $89,790 $30,360
All Other $11,204 $2,989
lic Service Coordinator II position and provides funding __________ __________
for related All Other costs. FEDERAL EXPENDITURES $100,994 $33,349
FEDERAL EXPENDITURES 2023-24 2024-25 FUND - ARP TOTAL
FUND Learning Systems Team Z081
Personal Services $17,340 $17,952
All Other $412 $427 Initiative: Continues one limited-period Public Service
__________ __________ Manager III position, one limited-period Public Service
FEDERAL EXPENDITURES $17,752 $18,379 Manager II position, 3 limited-period Public Service
FUND TOTAL Coordinator II positions and 4 limited-period Manage-
Learning Systems Team Z081 ment Analyst II positions previously continued in Pub-
lic Law 2021, chapter 635 through January 18, 2025.
Initiative: Transfers one Education Specialist III posi- This initiative also provides one-time funding for re-
tion and related All Other costs from the Learning Sys- lated All Other costs.
tems Team program to the Office of Innovation pro-
gram within the same fund. FEDERAL EXPENDITURES 2023-24 2024-25
FUND - ARP
GENERAL FUND 2023-24 2024-25 Personal Services $459,252 $615,288
POSITIONS - (1.000) (1.000) All Other $10,912 $14,619
LEGISLATIVE COUNT __________ __________
Personal Services ($117,216) ($118,581) FEDERAL EXPENDITURES $470,164 $629,907
All Other ($10,000) ($10,000) FUND - ARP TOTAL
__________ __________
GENERAL FUND TOTAL ($127,216) ($128,581) Learning Systems Team Z081
Learning Systems Team Z081 Initiative: Continues one limited-period Public Service
Coordinator I position previously continued by Finan-
Initiative: Continues one limited-period Public Service cial Order CV0458 F3 through September 30, 2024 and
Coordinator I position previously established by Finan- provides one-time funding for related All Other costs.
cial Order CV0463 F3 through November 30, 2023 and
reduces All Other to fund the position. FEDERAL EXPENDITURES 2023-24 2024-25
FUND - ARP
FEDERAL EXPENDITURES 2023-24 2024-25 Personal Services $136,912 $44,033
FUND All Other $12,324 $3,314
Personal Services $61,766 $0 __________ __________
All Other ($61,766) $0 FEDERAL EXPENDITURES $149,236 $47,347
__________ __________ FUND - ARP TOTAL
FEDERAL EXPENDITURES $0 $0
FUND TOTAL Learning Systems Team Z081
Learning Systems Team Z081 Initiative: Continues and makes permanent one Re-
gional Education Representative position previously
Initiative: Continues one limited-period Public Service continued in Public Law 2021, chapter 635 funded
Manager III position previously continued by Financial 100% Learning Systems Team program, Federal Ex-
Order CV0444 F3 through September 30, 2024 and pro- penditures Fund, transfers the position to the Federal
vides one-time funding for related All Other costs. Expenditures Fund - ARP within the same program be-
FEDERAL EXPENDITURES 2023-24 2024-25 ginning October 1, 2023 and then transfers the position
FUND - ARP to the General Purpose Aid for Local Schools program,
Personal Services $168,035 $54,200 General Fund beginning October 1, 2024. This initia-
All Other $3,993 $1,288 tive also reduces All Other funding in the General Pur-
__________ __________ pose Aid for Local Schools program, General Fund to
FEDERAL EXPENDITURES $172,028 $55,488 fund the position beginning October 1, 2024.
FUND - ARP TOTAL
FEDERAL EXPENDITURES 2023-24 2024-25
Learning Systems Team Z081 FUND - ARP
POSITIONS - 1.000 0.000
LEGISLATIVE COUNT
103
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
104
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
105
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
106
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
Initiative: Continues and makes permanent one Public FEDERAL EXPENDITURES 2023-24 2024-25
Service Coordinator I position previously continued in FUND
Financial Order 002262 F3 funded 100% Federal Ex- All Other $500 $500
penditures Fund and transfers the position from the Fed- __________ __________
eral Expenditures Fund to the General Fund within the FEDERAL EXPENDITURES $500 $500
FUND TOTAL
same program beginning October 1, 2023. This initia-
tive also provides funding for related All Other costs. OTHER SPECIAL 2023-24 2024-25
GENERAL FUND 2023-24 2024-25 REVENUE FUNDS
POSITIONS - 1.000 1.000 All Other $500 $500
LEGISLATIVE COUNT __________ __________
Personal Services $94,415 $127,904 OTHER SPECIAL REVENUE $500 $500
All Other $6,645 $8,860 FUNDS TOTAL
__________ __________
GENERAL FUND TOTAL $101,060 $136,764
National Board Certification Salary Supplement
Fund Z147
FEDERAL EXPENDITURES 2023-24 2024-25 Initiative: BASELINE BUDGET
FUND
Personal Services $31,472 $0 OTHER SPECIAL 2023-24 2024-25
All Other $748 $0 REVENUE FUNDS
__________ __________ All Other $335,000 $335,000
FEDERAL EXPENDITURES $32,220 $0 __________ __________
FUND TOTAL OTHER SPECIAL REVENUE $335,000 $335,000
FUNDS TOTAL
MAINE SCHOOL SAFETY CENTER Z293
NATIONAL BOARD CERTIFICATION SALARY
PROGRAM SUMMARY SUPPLEMENT FUND Z147
GENERAL FUND 2023-24 2024-25 PROGRAM SUMMARY
POSITIONS - 5.000 5.000
LEGISLATIVE COUNT OTHER SPECIAL 2023-24 2024-25
Personal Services $630,821 $701,660 REVENUE FUNDS
All Other $36,465 $40,895 All Other $335,000 $335,000
__________ __________ __________ __________
GENERAL FUND TOTAL $667,286 $742,555 OTHER SPECIAL REVENUE $335,000 $335,000
FUNDS TOTAL
FEDERAL EXPENDITURES 2023-24 2024-25 National Board Certification Scholarship Fund
FUND Z148
POSITIONS - 1.000 1.000
LEGISLATIVE COUNT Initiative: BASELINE BUDGET
Personal Services $232,603 $145,686
All Other $152,244 $151,496 OTHER SPECIAL 2023-24 2024-25
__________ __________ REVENUE FUNDS
FEDERAL EXPENDITURES $384,847 $297,182 All Other $75,000 $75,000
FUND TOTAL __________ __________
OTHER SPECIAL REVENUE $75,000 $75,000
Maine Service Fellows Program Z311 FUNDS TOTAL
Initiative: BASELINE BUDGET NATIONAL BOARD CERTIFICATION
FEDERAL EXPENDITURES 2023-24 2024-25
SCHOLARSHIP FUND Z148
FUND PROGRAM SUMMARY
All Other $500 $500
__________ __________ OTHER SPECIAL 2023-24 2024-25
FEDERAL EXPENDITURES $500 $500 REVENUE FUNDS
FUND TOTAL All Other $75,000 $75,000
__________ __________
OTHER SPECIAL 2023-24 2024-25 OTHER SPECIAL REVENUE $75,000 $75,000
REVENUE FUNDS FUNDS TOTAL
All Other $500 $500 Obesity and Chronic Disease Fund Z111
__________ __________
OTHER SPECIAL REVENUE $500 $500 Initiative: BASELINE BUDGET
FUNDS TOTAL OTHER SPECIAL 2023-24 2024-25
MAINE SERVICE FELLOWS PROGRAM Z311 REVENUE FUNDS
PROGRAM SUMMARY
107
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
All Other $500 $500 for All Other costs related to the position. This initia-
__________ __________ tive also provides funding in the Learning Systems
OTHER SPECIAL REVENUE $500 $500 Team program, Federal Expenditures Fund to keep the
FUNDS TOTAL allocation in line with available resources.
OBESITY AND CHRONIC DISEASE FUND Z111 GENERAL FUND 2023-24 2024-25
PROGRAM SUMMARY POSITIONS - 1.000 1.000
LEGISLATIVE COUNT
OTHER SPECIAL 2023-24 2024-25 Personal Services $125,600 $127,018
REVENUE FUNDS All Other $10,000 $10,000
All Other $500 $500 __________ __________
__________ __________ GENERAL FUND TOTAL $135,600 $137,018
OTHER SPECIAL REVENUE $500 $500
FUNDS TOTAL OFFICE OF INNOVATION Z333
Office of Innovation Z333 PROGRAM SUMMARY
Initiative: BASELINE BUDGET GENERAL FUND 2023-24 2024-25
POSITIONS - 13.000 13.000
GENERAL FUND 2023-24 2024-25 LEGISLATIVE COUNT
POSITIONS - 10.000 10.000 Personal Services $1,643,662 $1,669,096
LEGISLATIVE COUNT All Other $186,079 $186,079
Personal Services $1,324,152 $1,342,170 __________ __________
All Other $157,219 $157,219 GENERAL FUND TOTAL $1,829,741 $1,855,175
__________ __________
GENERAL FUND TOTAL $1,481,371 $1,499,389 Office of Workforce Development and Innovative
Pathways Z334
Office of Innovation Z333
Initiative: BASELINE BUDGET
Initiative: Transfers one Education Specialist III posi-
tion and related All Other costs from the Learning Sys- GENERAL FUND 2023-24 2024-25
tems Team program to the Office of Innovation pro- POSITIONS - 3.000 3.000
LEGISLATIVE COUNT
gram within the same fund. Personal Services $414,587 $424,622
GENERAL FUND 2023-24 2024-25 All Other $216,374 $216,374
POSITIONS - 1.000 1.000 __________ __________
LEGISLATIVE COUNT GENERAL FUND TOTAL $630,961 $640,996
Personal Services $117,216 $118,581
All Other $10,000 $10,000
Office of Workforce Development and Innovative
__________ __________ Pathways Z334
GENERAL FUND TOTAL $127,216 $128,581 Initiative: Transfers one Public Service Manager II po-
Office of Innovation Z333 sition and one part-time Office Associate II position
from the Higher Education and Educator Support Ser-
Initiative: Continues and makes permanent one Office vices program to the Office of Workforce Development
Specialist I position previously continued in Public Law and Innovative Pathways program within the same
2021, chapter 635 and transfers the position from the fund. This initiative also adjusts funding for related All
Learning Systems Team program, Federal Expenditures Other costs.
Fund - ARP to the Office of Innovation program, Gen-
eral Fund. This initiative also provides funding for re- GENERAL FUND 2023-24 2024-25
lated All Other costs. POSITIONS - 1.500 1.500
LEGISLATIVE COUNT
GENERAL FUND 2023-24 2024-25 Personal Services $185,950 $188,332
POSITIONS - 1.000 1.000 All Other $17,720 $17,720
LEGISLATIVE COUNT __________ __________
Personal Services $76,694 $81,327 GENERAL FUND TOTAL $203,670 $206,052
All Other $8,860 $8,860
__________ __________ Office of Workforce Development and Innovative
GENERAL FUND TOTAL $85,554 $90,187 Pathways Z334
Office of Innovation Z333 Initiative: Provides funding for debt service costs asso-
ciated with the bonding authority for career and tech-
Initiative: Transfers and reallocates one Interdiscipli- nical education centers and regions as enacted in Public
nary Instruction Specialist position from 90% Federal Law 2021, chapter 398.
Expenditures Fund and 10% General Fund in the Learn-
ing Systems Team program to 100% General Fund in GENERAL FUND 2023-24 2024-25
the Office of Innovation program and adjusts funding
108
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
Initiative: Provides funding for group life insurance for FEDERAL BLOCK GRANT 2023-24 2024-25
retired teachers. FUND
GENERAL FUND 2023-24 2024-25 POSITIONS - 2.000 2.000
All Other $132,590 $266,219 LEGISLATIVE COUNT
__________ __________ Personal Services $236,523 $239,097
GENERAL FUND TOTAL $132,590 $266,219 All Other $46,001 $46,001
__________ __________
RETIRED TEACHERS GROUP LIFE FEDERAL BLOCK GRANT $282,524 $285,098
INSURANCE Z033 FUND TOTAL
PROGRAM SUMMARY School and Student Supports Z270
GENERAL FUND 2023-24 2024-25 Initiative: Continues and makes permanent 2 Regional
All Other $4,859,254 $4,992,883 Education Representative positions previously contin-
__________ __________ ued by Financial Order CV0544 F3 funded 100%
GENERAL FUND TOTAL $4,859,254 $4,992,883 Learning Systems Team program, Federal Expenditures
Retired Teachers' Health Insurance 0854 Fund - ARP and transfers these positions from the
Learning Systems Team program, Federal Expenditures
Initiative: BASELINE BUDGET Fund - ARP to the School and Student Supports pro-
GENERAL FUND 2023-24 2024-25 gram, General Fund beginning October 1, 2024. This
All Other $45,000,000 $45,000,000 initiative also provides funding for related All Other
__________ __________ costs.
GENERAL FUND TOTAL $45,000,000 $45,000,000
GENERAL FUND 2023-24 2024-25
RETIRED TEACHERS' HEALTH INSURANCE POSITIONS - 0.000 2.000
0854 LEGISLATIVE COUNT
Personal Services $0 $202,193
PROGRAM SUMMARY All Other $0 $13,290
GENERAL FUND 2023-24 2024-25 __________ __________
All Other $45,000,000 $45,000,000 GENERAL FUND TOTAL $0 $215,483
__________ __________ School and Student Supports Z270
GENERAL FUND TOTAL $45,000,000 $45,000,000
Initiative: Continues and makes permanent one Re-
School and Student Supports Z270 gional Education Representative position previously
Initiative: BASELINE BUDGET continued by Financial Order CV0456 F3 funded 100%
Learning Systems Team program, Federal Expenditures
GENERAL FUND 2023-24 2024-25
Fund - ARP and transfers this position from the Learn-
POSITIONS - 7.000 7.000
LEGISLATIVE COUNT
ing Systems Team program, Federal Expenditures Fund
Personal Services $884,276 $898,809 - ARP to the School and Student Supports program,
109
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
General Fund beginning October 1, 2024. This initia- School Finance and Operations Z078
tive also provides funding for related All Other costs.
Initiative: BASELINE BUDGET
GENERAL FUND 2023-24 2024-25
GENERAL FUND 2023-24 2024-25
POSITIONS - 0.000 1.000
POSITIONS - 6.000 6.000
LEGISLATIVE COUNT
LEGISLATIVE COUNT
Personal Services $0 $101,097
Personal Services $551,424 $565,443
All Other $0 $6,645
All Other $29,797,005 $29,797,005
__________ __________
__________ __________
GENERAL FUND TOTAL $0 $107,742
GENERAL FUND TOTAL $30,348,429 $30,362,448
School and Student Supports Z270
FEDERAL EXPENDITURES 2023-24 2024-25
Initiative: Continues and makes permanent one Secre- FUND
tary Specialist Supervisor position previously contin- POSITIONS - 12.000 12.000
ued in Public Law 2021, chapter 29. LEGISLATIVE COUNT
GENERAL FUND 2023-24 2024-25 Personal Services $1,317,519 $1,352,993
POSITIONS - 1.000 1.000 All Other $66,277,175 $66,277,175
LEGISLATIVE COUNT __________ __________
Personal Services $99,615 $101,643 FEDERAL EXPENDITURES $67,594,694 $67,630,168
__________ __________ FUND TOTAL
GENERAL FUND TOTAL $99,615 $101,643
OTHER SPECIAL 2023-24 2024-25
SCHOOL AND STUDENT SUPPORTS Z270 REVENUE FUNDS
All Other $15,545 $15,545
PROGRAM SUMMARY __________ __________
GENERAL FUND 2023-24 2024-25 OTHER SPECIAL REVENUE $15,545 $15,545
POSITIONS - 8.000 11.000 FUNDS TOTAL
LEGISLATIVE COUNT
Personal Services $983,891 $1,303,742
School Finance and Operations Z078
All Other $795,915 $815,850 Initiative: Provides funding to school administrative
__________ __________ units for the increased cost of maintaining an Internet-
GENERAL FUND TOTAL $1,779,806 $2,119,592 based application for free or reduced-price meals under
federal School Breakfast Program and National School
FEDERAL EXPENDITURES 2023-24 2024-25 Lunch Program as enacted by Public Law 2019, chapter
FUND
POSITIONS - 1.500 1.500
480.
LEGISLATIVE COUNT GENERAL FUND 2023-24 2024-25
POSITIONS - FTE COUNT 0.577 0.577 All Other $68,000 $68,000
Personal Services $217,229 $221,251 __________ __________
All Other $1,646,033 $1,646,033 GENERAL FUND TOTAL $68,000 $68,000
__________ __________
FEDERAL EXPENDITURES $1,863,262 $1,867,284 School Finance and Operations Z078
FUND TOTAL Initiative: Provides funding to pay the difference be-
tween the federal reimbursement for a free breakfast or
OTHER SPECIAL 2023-24 2024-25 lunch and the full price of a breakfast or lunch for pub-
REVENUE FUNDS
POSITIONS - 1.000 1.000
licly funded students who attend a private school ap-
LEGISLATIVE COUNT proved for tuition purposes that enrolls 60% or more
Personal Services $122,357 $124,486 publicly funded students who are ineligible for a free
All Other $316,933 $316,933 breakfast or lunch pursuant to Public Law 2021, chapter
__________ __________ 759, An Act To Correct Errors in Recently Enacted
OTHER SPECIAL REVENUE $439,290 $441,419 Legislation.
FUNDS TOTAL
GENERAL FUND 2023-24 2024-25
All Other $1,835,816 $1,835,816
FEDERAL BLOCK GRANT 2023-24 2024-25 __________ __________
FUND GENERAL FUND TOTAL $1,835,816 $1,835,816
POSITIONS - 2.000 2.000
LEGISLATIVE COUNT School Finance and Operations Z078
Personal Services $236,523 $239,097
All Other $46,001 $46,001 Initiative: Provides funding to pay the difference be-
__________ __________ tween the federal reimbursement for a free breakfast or
FEDERAL BLOCK GRANT $282,524 $285,098 lunch and the full price of a breakfast or lunch for stu-
FUND TOTAL dents who are ineligible for a free or reduced-price
110
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
breakfast or lunch pursuant to Public Law 2021, chapter OTHER SPECIAL 2023-24 2024-25
398, Part OOOO. REVENUE FUNDS
All Other $500 $500
GENERAL FUND 2023-24 2024-25 __________ __________
All Other $27,101,065 $27,101,065 OTHER SPECIAL REVENUE $500 $500
__________ __________ FUNDS TOTAL
GENERAL FUND TOTAL $27,101,065 $27,101,065
Special Services Team Z080
School Finance and Operations Z078
Initiative: BASELINE BUDGET
Initiative: Establishes one Education Specialist III posi-
tion and provides funding for related All Other costs to GENERAL FUND 2023-24 2024-25
support the increased number of child and adult care POSITIONS - 2.000 2.000
food program participants pursuant to Public Law 2019, LEGISLATIVE COUNT
Personal Services $130,246 $132,051
chapter 428. All Other $3,089,443 $3,089,443
GENERAL FUND 2023-24 2024-25 __________ __________
POSITIONS - 1.000 1.000 GENERAL FUND TOTAL $3,219,689 $3,221,494
LEGISLATIVE COUNT
Personal Services $98,506 $104,185 FEDERAL EXPENDITURES 2023-24 2024-25
All Other $8,860 $8,860 FUND
__________ __________ POSITIONS - 25.500 25.500
GENERAL FUND TOTAL $107,366 $113,045 LEGISLATIVE COUNT
Personal Services $3,076,355 $3,138,775
SCHOOL FINANCE AND OPERATIONS Z078 All Other $59,716,800 $59,716,800
PROGRAM SUMMARY __________ __________
FEDERAL EXPENDITURES $62,793,155 $62,855,575
GENERAL FUND 2023-24 2024-25 FUND TOTAL
POSITIONS - 7.000 7.000
LEGISLATIVE COUNT Special Services Team Z080
Personal Services $649,930 $669,628
Initiative: Continues and makes permanent one Educa-
All Other $58,810,746 $58,810,746
__________ __________
tion Specialist III position previously continued by Fi-
GENERAL FUND TOTAL $59,460,676 $59,480,374 nancial Order 002249 F3 and provides funding for re-
lated All Other costs.
FEDERAL EXPENDITURES 2023-24 2024-25 FEDERAL EXPENDITURES 2023-24 2024-25
FUND FUND
POSITIONS - 12.000 12.000 POSITIONS - 1.000 1.000
LEGISLATIVE COUNT LEGISLATIVE COUNT
Personal Services $1,317,519 $1,352,993 Personal Services $125,071 $127,088
All Other $66,277,175 $66,277,175 All Other $2,972 $3,020
__________ __________ __________ __________
FEDERAL EXPENDITURES $67,594,694 $67,630,168 FEDERAL EXPENDITURES $128,043 $130,108
FUND TOTAL FUND TOTAL
111
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
112
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
113
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
114
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
115
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
Maine Environmental Protection Fund 0421 Initiative: Transfers one Public Service Manager II po-
sition and related All Other costs from the Maine Envi-
Initiative: Continues and makes permanent 4 Geology
Technician II positions, one Environmental Specialist ronmental Protection Fund program, Other Special
Revenue Funds to the Air Quality program, General
III position and one GIS Coordinator position previ- Fund.
ously established as limited-period positions by Public
Law 2021, chapter 398. OTHER SPECIAL 2023-24 2024-25
REVENUE FUNDS
GENERAL FUND 2023-24 2024-25 POSITIONS - (1.000) (1.000)
POSITIONS - 6.000 6.000 LEGISLATIVE COUNT
LEGISLATIVE COUNT Personal Services ($154,648) ($156,001)
Personal Services $510,482 $537,533 All Other ($3,857) ($3,877)
__________ __________ __________ __________
GENERAL FUND TOTAL $510,482 $537,533 OTHER SPECIAL REVENUE ($158,505) ($159,878)
Maine Environmental Protection Fund 0421 FUNDS TOTAL
116
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
Grant program, Federal Expenditures Fund to the Water Personal Services $743,101 $759,211
Quality program, General Fund. All Other $151,706 $151,706
__________ __________
FEDERAL EXPENDITURES 2023-24 2024-25 GENERAL FUND TOTAL $894,807 $910,917
FUND
POSITIONS - (1.000) (1.000) FEDERAL EXPENDITURES 2023-24 2024-25
LEGISLATIVE COUNT FUND
Personal Services ($111,493) ($112,484) POSITIONS - 23.000 23.000
All Other ($3,209) ($3,224) LEGISLATIVE COUNT
__________ __________ Personal Services $2,320,188 $2,377,250
FEDERAL EXPENDITURES ($114,702) ($115,708) All Other $1,336,504 $1,336,504
FUND TOTAL __________ __________
Performance Partnership Grant 0851 FEDERAL EXPENDITURES $3,656,692 $3,713,754
FUND TOTAL
Initiative: Transfers one Biologist I position and related
All Other costs from the Performance Partnership Grant OTHER SPECIAL 2023-24 2024-25
program, Federal Expenditures Fund to the Water Qual- REVENUE FUNDS
ity program, General Fund. POSITIONS - 99.000 99.000
LEGISLATIVE COUNT
FEDERAL EXPENDITURES 2023-24 2024-25 POSITIONS - FTE COUNT 0.308 0.308
FUND Personal Services $10,218,072 $10,481,122
POSITIONS - (1.000) (1.000) All Other $18,826,970 $18,826,970
LEGISLATIVE COUNT __________ __________
Personal Services ($102,278) ($103,726) OTHER SPECIAL REVENUE $29,045,042 $29,308,092
All Other ($3,071) ($3,093) FUNDS TOTAL
__________ __________
FEDERAL EXPENDITURES ($105,349) ($106,819)
FEDERAL EXPENDITURES 2023-24 2024-25
FUND TOTAL
FUND - ARP STATE FISCAL
Performance Partnership Grant 0851 RECOVERY
All Other $2,000,000 $1,000,000
Initiative: Transfers one Certified Environmental Hy- __________ __________
drogeologist position and related All Other costs from FEDERAL EXPENDITURES $2,000,000 $1,000,000
the Performance Partnership Grant program, Federal FUND - ARP STATE FISCAL
Expenditures Fund to the Water Quality program, Gen- RECOVERY TOTAL
eral Fund. Remediation and Waste Management 0247
FEDERAL EXPENDITURES 2023-24 2024-25
FUND
Initiative: Transfers 3 Public Service Manager II posi-
POSITIONS - (1.000) (1.000) tions and related All Other costs from Other Special
LEGISLATIVE COUNT Revenue Funds to General Fund within the same pro-
Personal Services ($92,651) ($97,705) gram.
All Other ($2,926) ($3,002) GENERAL FUND 2023-24 2024-25
__________ __________ POSITIONS - 3.000 3.000
FEDERAL EXPENDITURES ($95,577) ($100,707) LEGISLATIVE COUNT
FUND TOTAL Personal Services $396,266 $414,379
PERFORMANCE PARTNERSHIP GRANT 0851 All Other $4,539 $4,539
__________ __________
PROGRAM SUMMARY GENERAL FUND TOTAL $400,805 $418,918
FEDERAL EXPENDITURES 2023-24 2024-25
FUND OTHER SPECIAL 2023-24 2024-25
POSITIONS - 52.000 52.000 REVENUE FUNDS
LEGISLATIVE COUNT POSITIONS - (3.000) (3.000)
Personal Services $5,288,614 $5,422,943 LEGISLATIVE COUNT
All Other $3,490,921 $3,490,808 Personal Services ($396,266) ($414,379)
__________ __________ All Other ($10,554) ($10,827)
FEDERAL EXPENDITURES $8,779,535 $8,913,751 __________ __________
FUND TOTAL OTHER SPECIAL REVENUE ($406,820) ($425,206)
FUNDS TOTAL
Remediation and Waste Management 0247
Remediation and Waste Management 0247
Initiative: BASELINE BUDGET
Initiative: Transfers one Office Specialist II Supervisor
GENERAL FUND 2023-24 2024-25 position and related All Other costs from Other Special
POSITIONS - 7.000 7.000 Revenue Funds to General Fund within the same pro-
LEGISLATIVE COUNT gram.
117
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
118
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
Initiative: Transfers one Public Service Manager II po- POSITIONS - 1.000 1.000
sition from Other Special Revenue Funds to General LEGISLATIVE COUNT
Fund within the same program. Personal Services $111,493 $112,484
All Other $1,513 $1,513
GENERAL FUND 2023-24 2024-25 __________ __________
POSITIONS - 1.000 1.000 GENERAL FUND TOTAL $113,006 $113,997
LEGISLATIVE COUNT
__________ __________ Water Quality 0248
GENERAL FUND TOTAL $0 $0 Initiative: Transfers one Biologist I position and related
All Other costs from the Performance Partnership Grant
OTHER SPECIAL 2023-24 2024-25
REVENUE FUNDS
program, Federal Expenditures Fund to the Water Qual-
POSITIONS - (1.000) (1.000) ity program, General Fund.
LEGISLATIVE COUNT GENERAL FUND 2023-24 2024-25
__________ __________ POSITIONS - 1.000 1.000
OTHER SPECIAL REVENUE $0 $0 LEGISLATIVE COUNT
FUNDS TOTAL Personal Services $102,278 $103,726
Water Quality 0248 All Other $1,513 $1,513
__________ __________
Initiative: Transfers one Biologist II position and re- GENERAL FUND TOTAL $103,791 $105,239
lated All Other costs from the Federal Expenditures Water Quality 0248
Fund to General Fund within the same program.
Initiative: Transfers one Certified Environmental Hy-
GENERAL FUND 2023-24 2024-25
POSITIONS - 1.000 1.000
drogeologist position and related All Other costs from
LEGISLATIVE COUNT the Performance Partnership Grant program, Federal
Personal Services $114,328 $115,577 Expenditures Fund to the Water Quality program, Gen-
All Other $1,513 $1,513 eral Fund.
__________ __________ GENERAL FUND 2023-24 2024-25
GENERAL FUND TOTAL $115,841 $117,090 POSITIONS - 1.000 1.000
LEGISLATIVE COUNT
FEDERAL EXPENDITURES 2023-24 2024-25 Personal Services $92,651 $97,705
FUND All Other $1,513 $1,513
POSITIONS - (1.000) (1.000) __________ __________
LEGISLATIVE COUNT GENERAL FUND TOTAL $94,164 $99,218
Personal Services ($114,328) ($115,577)
All Other ($3,252) ($3,271) WATER QUALITY 0248
__________ __________
FEDERAL EXPENDITURES ($117,580) ($118,848)
PROGRAM SUMMARY
FUND TOTAL GENERAL FUND 2023-24 2024-25
POSITIONS - 30.000 30.000
Water Quality 0248 LEGISLATIVE COUNT
Initiative: Reallocates the cost of one Environmental Personal Services $3,139,243 $3,219,748
Specialist IV position and related All Other costs from All Other $855,771 $848,543
65% Water Quality program, Federal Expenditures __________ __________
Fund and 35% Maine Environmental Protection Fund GENERAL FUND TOTAL $3,995,014 $4,068,291
program, Other Special Revenue Funds to 100% Water
FEDERAL EXPENDITURES 2023-24 2024-25
Quality program, Federal Expenditures Fund. FUND
FEDERAL EXPENDITURES 2023-24 2024-25 POSITIONS - 1.000 1.000
FUND LEGISLATIVE COUNT
Personal Services $38,927 $39,274 Personal Services $111,221 $112,211
All Other $584 $590 All Other $560,575 $560,562
__________ __________ __________ __________
FEDERAL EXPENDITURES $39,511 $39,864 FEDERAL EXPENDITURES $671,796 $672,773
FUND TOTAL FUND TOTAL
Water Quality 0248 OTHER SPECIAL 2023-24 2024-25
Initiative: Transfers one Biologist II position and re- REVENUE FUNDS
lated All Other costs from the Performance Partnership POSITIONS - 17.000 17.000
Grant program, Federal Expenditures Fund to the Water LEGISLATIVE COUNT
Personal Services $1,708,576 $1,758,814
Quality program, General Fund.
GENERAL FUND 2023-24 2024-25
119
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
120
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
121
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
122
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
123
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
124
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
Student Financial Assistance Programs 0653 Maine Health Data Organization 0848
Initiative: BASELINE BUDGET Initiative: BASELINE BUDGET
GENERAL FUND 2023-24 2024-25 OTHER SPECIAL 2023-24 2024-25
All Other $27,890,394 $27,890,394 REVENUE FUNDS
__________ __________ POSITIONS - 6.000 6.000
GENERAL FUND TOTAL $27,890,394 $27,890,394 LEGISLATIVE COUNT
Personal Services $627,692 $658,809
STUDENT FINANCIAL ASSISTANCE All Other $1,462,940 $1,462,940
PROGRAMS 0653 __________ __________
PROGRAM SUMMARY OTHER SPECIAL REVENUE $2,090,632 $2,121,749
FUNDS TOTAL
GENERAL FUND 2023-24 2024-25
All Other $27,890,394 $27,890,394 MAINE HEALTH DATA ORGANIZATION 0848
__________ __________ PROGRAM SUMMARY
GENERAL FUND TOTAL $27,890,394 $27,890,394
OTHER SPECIAL 2023-24 2024-25
FINANCE AUTHORITY OF REVENUE FUNDS
MAINE POSITIONS - 6.000 6.000
DEPARTMENT TOTALS 2023-24 2024-25 LEGISLATIVE COUNT
Personal Services $627,692 $658,809
GENERAL FUND $28,540,394 $28,540,394 All Other $1,462,940 $1,462,940
FEDERAL $500 $500 __________ __________
EXPENDITURES FUND OTHER SPECIAL REVENUE $2,090,632 $2,121,749
FUND FOR A HEALTHY $347,740 $347,740 FUNDS TOTAL
MAINE Sec. A-30. Appropriations and alloca-
OTHER SPECIAL $395,639 $395,639
REVENUE FUNDS
tions. The following appropriations and allocations
FEDERAL $1,000,000 $0 are made.
EXPENDITURES FUND - HEALTH AND HUMAN SERVICES,
ARP STATE FISCAL DEPARTMENT OF
RECOVERY
__________ __________ Additional Support for People in Retraining and
DEPARTMENT TOTAL - $30,284,273 $29,284,273 Employment 0146
ALL FUNDS
Initiative: BASELINE BUDGET
Sec. A-28. Appropriations and alloca-
GENERAL FUND 2023-24 2024-25
tions. The following appropriations and allocations All Other $7,090,651 $7,090,651
are made. __________ __________
FIRE PROTECTION SERVICES COMMISSION, GENERAL FUND TOTAL $7,090,651 $7,090,651
MAINE
FEDERAL BLOCK GRANT 2023-24 2024-25
Maine Fire Protection Services Commission 0936 FUND
Initiative: BASELINE BUDGET POSITIONS - 19.000 19.000
LEGISLATIVE COUNT
GENERAL FUND 2023-24 2024-25 Personal Services $1,798,764 $1,838,732
All Other $2,000 $2,000 All Other $32,948,828 $32,948,828
__________ __________ __________ __________
GENERAL FUND TOTAL $2,000 $2,000 FEDERAL BLOCK GRANT $34,747,592 $34,787,560
FUND TOTAL
MAINE FIRE PROTECTION SERVICES
COMMISSION 0936 Additional Support for People in Retraining and
Employment 0146
PROGRAM SUMMARY
Initiative: Continues and makes permanent 7 Senior
GENERAL FUND 2023-24 2024-25
All Other $2,000 $2,000
Planner positions previously continued in Public Law
__________ __________ 2021, chapter 398 and provides funding for related All
GENERAL FUND TOTAL $2,000 $2,000 Other costs.
Sec. A-29. Appropriations and alloca- FEDERAL BLOCK GRANT 2023-24 2024-25
tions. The following appropriations and allocations FUND
POSITIONS - 7.000 7.000
are made. LEGISLATIVE COUNT
HEALTH DATA ORGANIZATION, MAINE Personal Services $743,291 $770,200
All Other $64,953 $65,607
125
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
126
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
All Other $212,328 $212,328 Child and Family Services - Central program and Child
__________ __________ Care Services program to place them in the proper func-
OTHER SPECIAL REVENUE $212,328 $212,328 tional location. This initiative also transfers funding for
FUNDS TOTAL related All Other costs. Position detail is on file in the
Bridging Rental Assistance Program Z205 Bureau of the Budget.
Initiative: BASELINE BUDGET FEDERAL BLOCK GRANT 2023-24 2024-25
FUND
GENERAL FUND 2023-24 2024-25 POSITIONS - 21.000 21.000
All Other $6,606,361 $6,606,361 LEGISLATIVE COUNT
__________ __________ Personal Services $1,800,623 $1,833,885
GENERAL FUND TOTAL $6,606,361 $6,606,361 All Other $214,165 $214,968
BRIDGING RENTAL ASSISTANCE PROGRAM __________ __________
FEDERAL BLOCK GRANT $2,014,788 $2,048,853
Z205 FUND TOTAL
PROGRAM SUMMARY Child Care Services 0563
GENERAL FUND 2023-24 2024-25
All Other $6,606,361 $6,606,361
Initiative: Continues and makes permanent one Finan-
__________ __________ cial Resources Specialist position continued in Public
GENERAL FUND TOTAL $6,606,361 $6,606,361 Law 2021, chapter 398 to assist with the increased case-
load under the child care subsidy program. This initia-
Child Care Services 0563 tive also provides funding for related All Other costs.
Initiative: BASELINE BUDGET FEDERAL BLOCK GRANT 2023-24 2024-25
GENERAL FUND 2023-24 2024-25 FUND
POSITIONS - 2.000 2.000 POSITIONS - 1.000 1.000
LEGISLATIVE COUNT LEGISLATIVE COUNT
Personal Services $200,288 $211,095 Personal Services $77,181 $81,275
All Other $12,226,854 $12,226,854 All Other $8,557 $8,656
__________ __________ __________ __________
GENERAL FUND TOTAL $12,427,142 $12,437,949 FEDERAL BLOCK GRANT $85,738 $89,931
FUND TOTAL
FEDERAL BLOCK GRANT 2023-24 2024-25 Child Care Services 0563
FUND
POSITIONS - 19.500 19.500 Initiative: Provides funding to annualize funds received
LEGISLATIVE COUNT in Public Law 2021, chapter 635 for salary supplements
Personal Services $1,905,457 $1,972,498 awarded to individuals who provide child care or are
All Other $40,059,636 $40,059,636 early childhood educators.
__________ __________
FEDERAL BLOCK GRANT $41,965,093 $42,032,134 GENERAL FUND 2023-24 2024-25
FUND TOTAL All Other $3,900,000 $3,900,000
__________ __________
GENERAL FUND TOTAL $3,900,000 $3,900,000
FEDERAL EXPENDITURES 2023-24 2024-25
FUND - ARP STATE FISCAL CHILD CARE SERVICES 0563
RECOVERY
All Other $107,941 $107,942 PROGRAM SUMMARY
__________ __________ GENERAL FUND 2023-24 2024-25
FEDERAL EXPENDITURES $107,941 $107,942 POSITIONS - 2.000 2.000
FUND - ARP STATE FISCAL LEGISLATIVE COUNT
RECOVERY TOTAL Personal Services $200,288 $211,095
All Other $16,126,854 $16,126,854
FEDERAL BLOCK GRANT 2023-24 2024-25 __________ __________
FUND - ARP GENERAL FUND TOTAL $16,327,142 $16,337,949
Personal Services $100,079 $0
All Other $40,920,284 $40,920,284 FEDERAL BLOCK GRANT 2023-24 2024-25
__________ __________ FUND
FEDERAL BLOCK GRANT $41,020,363 $40,920,284 POSITIONS - 41.500 41.500
FUND - ARP TOTAL LEGISLATIVE COUNT
Child Care Services 0563 Personal Services $3,783,261 $3,887,658
All Other $40,282,358 $40,283,260
Initiative: Transfers and reallocates 33 positions from __________ __________
various accounts in the Division of Licensing and Cer- FEDERAL BLOCK GRANT $44,065,619 $44,170,918
tification program to various accounts in the Office of FUND TOTAL
127
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
128
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
129
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
Department of Health and Human Services Central FEDERAL EXPENDITURES 2023-24 2024-25
Operations 0142 FUND
Initiative: Continues and makes permanent one Public All Other $152,100 $152,100
__________ __________
Service Coordinator II position previously continued in FEDERAL EXPENDITURES $152,100 $152,100
Public Law 2021, chapter 29 funded 60% General Fund FUND TOTAL
and 40% Other Special Revenue Funds in the Depart-
ment of Health and Human Services Central Operations OTHER SPECIAL 2023-24 2024-25
program to serve as the director of health care work- REVENUE FUNDS
force. This initiative also provides funding for related POSITIONS - 11.000 11.000
All Other costs. LEGISLATIVE COUNT
Personal Services $7,228,156 $7,402,996
GENERAL FUND 2023-24 2024-25
All Other $14,393,777 $14,393,982
POSITIONS - 1.000 1.000
__________ __________
LEGISLATIVE COUNT
OTHER SPECIAL REVENUE $21,621,933 $21,796,978
Personal Services $94,279 $95,484
FUNDS TOTAL
All Other $3,922 $3,922
__________ __________
GENERAL FUND TOTAL $98,201 $99,406 FEDERAL EXPENDITURES 2023-24 2024-25
FUND - ARP STATE FISCAL
RECOVERY
OTHER SPECIAL 2023-24 2024-25
All Other $1,932,636 $851,000
REVENUE FUNDS
__________ __________
Personal Services $62,853 $63,654
FEDERAL EXPENDITURES $1,932,636 $851,000
All Other $4,146 $4,214
FUND - ARP STATE FISCAL
__________ __________
RECOVERY TOTAL
OTHER SPECIAL REVENUE $66,999 $67,868
FUNDS TOTAL Departmentwide 0640
Department of Health and Human Services Central Initiative: Reduces funding in the MaineCare and
Operations 0142 MaineCare-related accounts, on a one-time basis, in
Initiative: Provides funding for the proposed reorgani- each year of the biennium.
zation of 2 Public Service Manager II positions to Pub- GENERAL FUND 2023-24 2024-25
lic Service Manager III positions, 3 Public Service All Other ($20,000,000) ($20,000,000)
Manager II positions from range 30 to range 31, one __________ __________
Public Service Manager II position from range 32 to GENERAL FUND TOTAL ($20,000,000) ($20,000,000)
range 33 and 2 Public Service Manager III positions DEPARTMENTWIDE 0640
from range 34 to range 35. This initiative also provides
funding for related All Other costs. PROGRAM SUMMARY
GENERAL FUND 2023-24 2024-25 GENERAL FUND 2023-24 2024-25
Personal Services $22,174 $32,200 All Other ($20,000,000) ($20,000,000)
__________ __________ __________ __________
GENERAL FUND TOTAL $22,174 $32,200 GENERAL FUND TOTAL ($20,000,000) ($20,000,000)
Developmental Services - Community Z208
OTHER SPECIAL 2023-24 2024-25
REVENUE FUNDS Initiative: BASELINE BUDGET
Personal Services $14,997 $20,672
GENERAL FUND 2023-24 2024-25
130
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
131
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
Developmental Services Waiver - MaineCare Z211 Developmental Services Waiver - Supports Z212
Initiative: Provides funding for cost-of-living increases Initiative: Adjusts funding as a result of the decrease in
per Public Law 2021, chapter 639, An Act To Codify the Federal Medical Assistance Percentage for federal
MaineCare Rate System Reform, related to the depart- fiscal years 2024 and 2025. This initiative also adjusts
ment's rule Chapter 101: MaineCare Benefits Manual, funding for the enhanced Federal Medical Assistance
Chapter III, sections 12, 18, 19, 20, 21, 29 and 96 and Percentage of 2.5% in fiscal year 2024 quarter 1 and
Public Law 2021, chapter 398, Part AAAA. 1.5% in fiscal year 2024 quarter 2 as authorized by the
federal Consolidated Appropriations Act, 2023.
GENERAL FUND 2023-24 2024-25
All Other $2,214,852 $3,428,339 GENERAL FUND 2023-24 2024-25
__________ __________ All Other ($384,863) $928,201
GENERAL FUND TOTAL $2,214,852 $3,428,339 __________ __________
GENERAL FUND TOTAL ($384,863) $928,201
Developmental Services Waiver - MaineCare Z211
DEVELOPMENTAL SERVICES WAIVER -
Initiative: Adjusts funding as a result of the decrease in SUPPORTS Z212
the Federal Medical Assistance Percentage for federal
fiscal years 2024 and 2025. This initiative also adjusts PROGRAM SUMMARY
funding for the enhanced Federal Medical Assistance GENERAL FUND 2023-24 2024-25
Percentage of 2.5% in fiscal year 2024 quarter 1 and All Other $40,793,183 $42,647,844
1.5% in fiscal year 2024 quarter 2 as authorized by the __________ __________
federal Consolidated Appropriations Act, 2023. GENERAL FUND TOTAL $40,793,183 $42,647,844
GENERAL FUND 2023-24 2024-25
OTHER SPECIAL 2023-24 2024-25
All Other ($1,739,022) $4,194,115
REVENUE FUNDS
__________ __________
All Other $151,306 $151,306
GENERAL FUND TOTAL ($1,739,022) $4,194,115
__________ __________
DEVELOPMENTAL SERVICES WAIVER - OTHER SPECIAL REVENUE $151,306 $151,306
MAINECARE Z211 FUNDS TOTAL
132
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
133
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
134
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
135
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
136
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
137
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
138
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
139
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
140
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
Maine Center for Disease Control and Prevention pro- Initiative: Provides funding for the proposed reorgani-
gram for the Health and Environmental Testing Labor- zation of one Environmental Specialist III position to an
atory. This initiative also provides funding for related Environmental Specialist IV position.
All Other costs. GENERAL FUND 2023-24 2024-25
GENERAL FUND 2023-24 2024-25 Personal Services $13,185 $13,848
POSITIONS - 1.000 1.000 __________ __________
LEGISLATIVE COUNT GENERAL FUND TOTAL $13,185 $13,848
Personal Services $43,742 $46,367
All Other $4,053 $4,053
Maine Center for Disease Control and Prevention
__________ __________ 0143
GENERAL FUND TOTAL $47,795 $50,420 Initiative: Provides funding for the proposed reorgani-
zation of one Senior Health Program Manager position
OTHER SPECIAL 2023-24 2024-25 to a Public Service Manager II position to serve as the
REVENUE FUNDS director of infectious disease epidemiology. This initia-
Personal Services $26,810 $28,417
All Other $3,295 $3,313
tive also reallocates the position from 100% Federal Ex-
__________ __________ penditures Fund to 90% Federal Expenditures Fund and
OTHER SPECIAL REVENUE $30,105 $31,730 10% General Fund all within the same program and ad-
FUNDS TOTAL justs funding for related All Other costs.
Maine Center for Disease Control and Prevention GENERAL FUND 2023-24 2024-25
0143 Personal Services $14,167 $14,845
All Other $654 $654
Initiative: Continues one limited-period Comprehen- __________ __________
sive Health Planner II position previously continued by GENERAL FUND TOTAL $14,821 $15,499
Financial Order CV0450 F3 through June 14, 2025.
This initiative also provides one-time funding for re- FEDERAL EXPENDITURES 2023-24 2024-25
lated All Other costs. FUND
Personal Services $9,228 $14,114
FEDERAL EXPENDITURES 2023-24 2024-25 All Other ($447) ($329)
FUND - ARP __________ __________
Personal Services $116,306 $118,270 FEDERAL EXPENDITURES $8,781 $13,785
All Other $6,537 $6,537 FUND TOTAL
__________ __________
FEDERAL EXPENDITURES $122,843 $124,807 Maine Center for Disease Control and Prevention
FUND - ARP TOTAL 0143
Maine Center for Disease Control and Prevention Initiative: Continues one limited-period Environmental
0143 Specialist III position previously established by Finan-
cial Order 002266 F3 through June 14, 2025 for per-
Initiative: Provides funding for the proposed reorgani- fluoroalkyl and polyfluoroalkyl substances, or PFAS,
zation of one Senior Health Program Manager position response and lead in drinking water and provides one-
to a Public Service Manager II position to serve as the time funding for related All Other costs.
director of the Maine immunization program and
reallocates the position from 100% Federal Expendi- FEDERAL EXPENDITURES 2023-24 2024-25
tures Fund to 86% Federal Expenditures Fund and 14% FUND
General Fund within the same program. Personal Services $90,115 $95,062
All Other $8,869 $8,989
GENERAL FUND 2023-24 2024-25 __________ __________
Personal Services $19,053 $19,901 FEDERAL EXPENDITURES $98,984 $104,051
__________ __________ FUND TOTAL
GENERAL FUND TOTAL $19,053 $19,901
Maine Center for Disease Control and Prevention
FEDERAL EXPENDITURES 2023-24 2024-25 0143
FUND Initiative: Continues 2 limited-period Toxicologist po-
Personal Services ($6,647) ($2,878) sitions and one limited-period Epidemiologist position,
__________ __________
FEDERAL EXPENDITURES ($6,647) ($2,878)
previously continued by Financial Order CV0447 F3,
FUND TOTAL funded 100% Federal Expenditures Fund - ARP in the
Maine Center for Disease Control and Prevention pro-
Maine Center for Disease Control and Prevention gram and transfers these positions from 100% Federal
0143 Expenditures Fund - ARP to 100% Federal Expendi-
tures Fund in the same program beginning July 1, 2024.
141
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
This initiative also provides one-time funding for re- FUND FOR A HEALTHY 2023-24 2024-25
lated All Other costs. These positions will end June 14, MAINE
2025. Personal Services $2,653 $2,810
All Other $64 $68
FEDERAL EXPENDITURES 2023-24 2024-25 __________ __________
FUND FUND FOR A HEALTHY $2,717 $2,878
Personal Services $0 $328,434 MAINE TOTAL
All Other $0 $28,498
__________ __________ Maine Center for Disease Control and Prevention
FEDERAL EXPENDITURES $0 $356,932 0143
FUND TOTAL
Initiative: Provides funding for the proposed reorgani-
FEDERAL EXPENDITURES 2023-24 2024-25
zation of one Planning and Research Associate II posi-
FUND - ARP tion to a Comprehensive Health Planner II position to
Personal Services $311,210 $0 align with the work being performed.
All Other $28,094 $0 FEDERAL EXPENDITURES 2023-24 2024-25
__________ __________ FUND
FEDERAL EXPENDITURES $339,304 $0 Personal Services $4,460 $7,845
FUND - ARP TOTAL All Other $281 $281
Maine Center for Disease Control and Prevention __________ __________
0143 FEDERAL EXPENDITURES $4,741 $8,126
FUND TOTAL
Initiative: Provides funding for the proposed reorgani- Maine Center for Disease Control and Prevention
zation of one Toxicologist position to a Public Service 0143
Coordinator I position to serve as the assistant state tox-
icologist. Initiative: Continues and makes permanent one Public
GENERAL FUND 2023-24 2024-25
Service Coordinator I position previously continued by
Personal Services $11,830 $16,081 Financial Order CV0446 F3 funded 100% Maine Cen-
__________ __________ ter for Disease Control and Prevention program, Gen-
GENERAL FUND TOTAL $11,830 $16,081 eral Fund. This initiative also provides funding for re-
lated All Other costs.
Maine Center for Disease Control and Prevention
0143 GENERAL FUND 2023-24 2024-25
POSITIONS - 1.000 1.000
Initiative: Provides funding for the proposed reorgani- LEGISLATIVE COUNT
zation of one Senior Health Program Manager position Personal Services $126,070 $132,042
to a Public Service Manager II position for health care All Other $6,537 $6,537
associated infections. This initiative also reallocates the __________ __________
position from 100% Federal Expenditures Fund to 90% GENERAL FUND TOTAL $132,607 $138,579
Federal Expenditures Fund and 10% General Fund Maine Center for Disease Control and Prevention
within the same program and adjusts funding for related 0143
All Other costs.
Initiative: Continues one limited-period Social Services
GENERAL FUND 2023-24 2024-25 Program Specialist II position previously continued by
Personal Services $12,872 $13,572 Financial Order 002268 F3 funded 100% Maine Center
All Other $654 $654
__________ __________
for Disease Control and Prevention program, Federal
GENERAL FUND TOTAL $13,526 $14,226 Expenditures Fund through June 14, 2025. This initia-
tive also provides one-time funding for related All
FEDERAL EXPENDITURES 2023-24 2024-25 Other costs.
FUND FEDERAL EXPENDITURES 2023-24 2024-25
Personal Services $1,717 $1,493 FUND
All Other ($628) ($634) Personal Services $101,213 $106,666
__________ __________ All Other $9,559 $9,606
FEDERAL EXPENDITURES $1,089 $859 __________ __________
FUND TOTAL FEDERAL EXPENDITURES $110,772 $116,272
Maine Center for Disease Control and Prevention FUND TOTAL
0143 Maine Center for Disease Control and Prevention
Initiative: Provides funding for the proposed reorgani- 0143
zation of one Office Associate I position to an Office Initiative: Transfers and reallocates one Public Health
Associate II position to align with the work being per- Nurse II position from 100% Maine Center for Disease
formed. Control and Prevention program, General Fund to 72%
142
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
General Fund and 28% Other Special Revenue Funds in Personal Services $5,898 $213,705
the Office of Child and Family Services - Central pro- All Other $1,090 $13,074
gram and adjusts funding for related All Other costs. __________ __________
GENERAL FUND TOTAL $6,988 $226,779
GENERAL FUND 2023-24 2024-25
POSITIONS - (1.000) (1.000) FEDERAL EXPENDITURES 2023-24 2024-25
LEGISLATIVE COUNT FUND
Personal Services ($119,324) ($120,744) Personal Services $197,328 $0
All Other ($6,537) ($6,537) All Other $17,114 $0
__________ __________ __________ __________
GENERAL FUND TOTAL ($125,861) ($127,281) FEDERAL EXPENDITURES $214,442 $0
Maine Center for Disease Control and Prevention FUND TOTAL
0143 Maine Center for Disease Control and Prevention
Initiative: Transfers All Other funding and any unallo- 0143
cated balances as of June 30, 2023 from the Gambling Initiative: Continues 8 limited-period Public Health Ed-
Addiction Prevention and Treatment Fund Other Spe- ucator III positions previously continued by Financial
cial Revenue Funds account in the Office of Substance Order CV0450 F3 through June 14, 2025 and provides
Abuse and Mental Health Services program to the one-time funding for related All Other costs.
Maine Center for Disease Control and Prevention pro-
gram, Other Special Revenue Funds. FEDERAL EXPENDITURES 2023-24 2024-25
FUND - ARP
OTHER SPECIAL 2023-24 2024-25 Personal Services $726,296 $766,320
REVENUE FUNDS All Other $52,296 $52,296
All Other $98,127 $98,127 __________ __________
__________ __________ FEDERAL EXPENDITURES $778,592 $818,616
OTHER SPECIAL REVENUE $98,127 $98,127 FUND - ARP TOTAL
FUNDS TOTAL
Maine Center for Disease Control and Prevention
Maine Center for Disease Control and Prevention 0143
0143
Initiative: Continues 2 limited-period Comprehensive
Initiative: Provides funding for the proposed reorgani- Health Planner II positions previously established by
zation of 2 Public Health Nurse Consultant positions to Financial Order CV0492 F3 through June 14, 2025 and
Public Health Nurse Supervisor positions. This initia- provides one-time funding for related All Other costs.
tive also transfers one Public Health Nurse Supervisor
FEDERAL EXPENDITURES 2023-24 2024-25
position and related All Other costs from 100% Special FUND - ARP
Children's Services program, Federal Block Grant Fund Personal Services $199,436 $210,794
to 100% Maine Center for Disease Control and Preven- All Other $13,074 $13,074
tion program, General Fund. __________ __________
GENERAL FUND 2023-24 2024-25 FEDERAL EXPENDITURES $212,510 $223,868
POSITIONS - 1.000 1.000 FUND - ARP TOTAL
LEGISLATIVE COUNT Maine Center for Disease Control and Prevention
Personal Services $143,153 $144,884 0143
All Other $6,537 $6,537
__________ __________ Initiative: Continues 2 limited-period Public Health Ed-
GENERAL FUND TOTAL $149,690 $151,421 ucator III positions previously established by Financial
Maine Center for Disease Control and Prevention Order CV0526 F3 through June 14, 2025 and provides
0143 one-time funding for related All Other costs.
FEDERAL EXPENDITURES 2023-24 2024-25
Initiative: Continues one limited-period Public Health FUND - ARP
Educator III position and one limited-period Health Personal Services $181,574 $191,580
Program Manager position previously continued by Fi- All Other $13,074 $13,074
nancial Order CV0446 F3, funded 100% Federal Ex- __________ __________
penditures Fund in the Maine Center for Disease Con- FEDERAL EXPENDITURES $194,648 $204,654
trol and Prevention program through May 31, 2024 and FUND - ARP TOTAL
100% General Fund beginning June 1, 2024 in the same
program to support the work of the Office of Population MAINE CENTER FOR DISEASE CONTROL
Health Equity. The positions will end on June 14, 2025. AND PREVENTION 0143
This initiative also provides one-time funding for re- PROGRAM SUMMARY
lated All Other costs. GENERAL FUND 2023-24 2024-25
GENERAL FUND 2023-24 2024-25
143
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
144
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
FEDERAL BLOCK GRANT 2023-24 2024-25 FEDERAL BLOCK GRANT 2023-24 2024-25
FUND FUND
POSITIONS - 13.000 13.000 POSITIONS - 21.000 21.000
LEGISLATIVE COUNT LEGISLATIVE COUNT
Personal Services $2,336,578 $2,393,075
145
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
All Other $1,510,801 $1,510,712 MaineCare Rate System Reform, related to the depart-
__________ __________ ment's rule Chapter 101: MaineCare Benefits Manual,
FEDERAL BLOCK GRANT $3,847,379 $3,903,787 Chapter III, sections 12, 18, 19, 20, 21, 29 and 96 and
FUND TOTAL Public Law 2021, chapter 398, Part AAAA.
Maternal and Child Health Block Grant Match OTHER SPECIAL 2023-24 2024-25
Z008 REVENUE FUNDS
Initiative: BASELINE BUDGET All Other $968,220 $1,489,080
__________ __________
GENERAL FUND 2023-24 2024-25 OTHER SPECIAL REVENUE $968,220 $1,489,080
POSITIONS - 12.000 12.000 FUNDS TOTAL
LEGISLATIVE COUNT
Personal Services $946,214 $966,946 Medicaid Services - Developmental Services Z210
All Other $4,444,089 $4,444,089 Initiative: Adjusts funding as a result of the decrease in
__________ __________ the Federal Medical Assistance Percentage for federal
GENERAL FUND TOTAL $5,390,303 $5,411,035 fiscal years 2024 and 2025. This initiative also adjusts
MATERNAL AND CHILD HEALTH BLOCK funding for the enhanced Federal Medical Assistance
GRANT MATCH Z008 Percentage of 2.5% in fiscal year 2024 quarter 1 and
1.5% in fiscal year 2024 quarter 2 as authorized by the
PROGRAM SUMMARY federal Consolidated Appropriations Act, 2023.
GENERAL FUND 2023-24 2024-25 GENERAL FUND 2023-24 2024-25
POSITIONS - 12.000 12.000 All Other ($339,992) $819,982
LEGISLATIVE COUNT
__________ __________
Personal Services $946,214 $966,946 GENERAL FUND TOTAL ($339,992) $819,982
All Other $4,444,089 $4,444,089
__________ __________ Medicaid Services - Developmental Services Z210
GENERAL FUND TOTAL $5,390,303 $5,411,035
Initiative: Provides funding for cost-of-living increases
Medicaid Services - Developmental Services Z210 per Public Law 2021, chapter 639, An Act To Codify
Initiative: BASELINE BUDGET MaineCare Rate System Reform, related to the depart-
ment's rule Chapter 101: MaineCare Benefits Manual,
GENERAL FUND 2023-24 2024-25 Chapter III, Section 50, Principles of Reimbursement
All Other $32,519,120 $32,519,120 for Intermediate Care Facilities for the Mentally Re-
__________ __________ tarded; Section 67, Principles of Reimbursement for
GENERAL FUND TOTAL $32,519,120 $32,519,120
Nursing Facilities; Section 97, Appendix C, Principles
OTHER SPECIAL 2023-24 2024-25
of Reimbursement for Medical and Remedial Service
REVENUE FUNDS
Facilities; Section 97, Appendix E, Principles of Reim-
All Other $31,641,280 $31,641,280 bursement for Community Residences for Persons with
__________ __________ Mental Illness; and Section 97, Appendix F, Principles
OTHER SPECIAL REVENUE $31,641,280 $31,641,280 of Reimbursement for Non-Case Mixed Medical and
FUNDS TOTAL Remedial Facilities.
Medicaid Services - Developmental Services Z210 GENERAL FUND 2023-24 2024-25
All Other $364,861 $373,884
Initiative: Provides funding to annualize funds received __________ __________
in Public Law 2021, chapter 635 to replenish reserve GENERAL FUND TOTAL $364,861 $373,884
slots for individuals who have been determined as Pri-
ority 1 waiver program candidates under the depart- MEDICAID SERVICES - DEVELOPMENTAL
ment's rule Chapter 101: MaineCare Benefits Manual, SERVICES Z210
Chapter II, Section 21, Home and Community Benefits PROGRAM SUMMARY
for Members with Intellectual Disabilities or Autism
GENERAL FUND 2023-24 2024-25
Spectrum Disorder. All Other $32,543,989 $33,712,986
OTHER SPECIAL 2023-24 2024-25 __________ __________
REVENUE FUNDS GENERAL FUND TOTAL $32,543,989 $33,712,986
All Other $101,890 $101,890
__________ __________ OTHER SPECIAL 2023-24 2024-25
OTHER SPECIAL REVENUE $101,890 $101,890 REVENUE FUNDS
FUNDS TOTAL All Other $32,711,390 $33,232,250
__________ __________
Medicaid Services - Developmental Services Z210 OTHER SPECIAL REVENUE $32,711,390 $33,232,250
Initiative: Provides funding for cost-of-living increases FUNDS TOTAL
per Public Law 2021, chapter 639, An Act To Codify
146
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
Medicaid Waiver for Brain Injury Residential Chapter III, sections 12, 18, 19, 20, 21, 29 and 96 and
/Community Serv Z218 Public Law 2021, chapter 398, Part AAAA.
Initiative: BASELINE BUDGET GENERAL FUND 2023-24 2024-25
All Other $101,284 $156,943
GENERAL FUND 2023-24 2024-25 __________ __________
All Other $8,280,966 $8,280,966 GENERAL FUND TOTAL $101,284 $156,943
__________ __________
GENERAL FUND TOTAL $8,280,966 $8,280,966 Medicaid Waiver for Other Related Conditions
Medicaid Waiver for Brain Injury Residential Z217
/Community Serv Z218 Initiative: Adjusts funding as a result of the decrease in
the Federal Medical Assistance Percentage for federal
Initiative: Provides funding for cost-of-living increases
per Public Law 2021, chapter 639, An Act To Codify fiscal years 2024 and 2025. This initiative also adjusts
funding for the enhanced Federal Medical Assistance
MaineCare Rate System Reform, related to the depart- Percentage of 2.5% in fiscal year 2024 quarter 1 and
ment's rule Chapter 101: MaineCare Benefits Manual,
Chapter III, sections 12, 18, 19, 20, 21, 29 and 96 and 1.5% in fiscal year 2024 quarter 2 as authorized by the
federal Consolidated Appropriations Act, 2023.
Public Law 2021, chapter 398, Part AAAA.
GENERAL FUND 2023-24 2024-25
GENERAL FUND 2023-24 2024-25
All Other ($34,670) $83,615
All Other $565,947 $876,973
__________ __________
__________ __________
GENERAL FUND TOTAL ($34,670) $83,615
GENERAL FUND TOTAL $565,947 $876,973
Medicaid Waiver for Brain Injury Residential MEDICAID WAIVER FOR OTHER RELATED
/Community Serv Z218 CONDITIONS Z217
Initiative: Adjusts funding as a result of the decrease in PROGRAM SUMMARY
the Federal Medical Assistance Percentage for federal GENERAL FUND 2023-24 2024-25
fiscal years 2024 and 2025. This initiative also adjusts All Other $3,791,549 $3,965,493
funding for the enhanced Federal Medical Assistance __________ __________
Percentage of 2.5% in fiscal year 2024 quarter 1 and GENERAL FUND TOTAL $3,791,549 $3,965,493
1.5% in fiscal year 2024 quarter 2 as authorized by the Medical Care - Payments to Providers 0147
federal Consolidated Appropriations Act, 2023.
Initiative: BASELINE BUDGET
GENERAL FUND 2023-24 2024-25
All Other ($77,074) $185,885 GENERAL FUND 2023-24 2024-25
__________ __________ All Other $590,555,180 $590,555,180
GENERAL FUND TOTAL ($77,074) $185,885 __________ __________
GENERAL FUND TOTAL $590,555,180 $590,555,180
MEDICAID WAIVER FOR BRAIN INJURY
RESIDENTIAL /COMMUNITY SERV Z218 FEDERAL EXPENDITURES 2023-24 2024-25
FUND
PROGRAM SUMMARY All Other $2,453,482,488 $2,453,482,488
GENERAL FUND 2023-24 2024-25 __________ __________
All Other $8,769,839 $9,343,824 FEDERAL EXPENDITURES $2,453,482,488 $2,453,482,488
__________ __________ FUND TOTAL
GENERAL FUND TOTAL $8,769,839 $9,343,824
FUND FOR A HEALTHY 2023-24 2024-25
Medicaid Waiver for Other Related Conditions MAINE
Z217 All Other $31,319,863 $31,319,863
Initiative: BASELINE BUDGET __________ __________
FUND FOR A HEALTHY $31,319,863 $31,319,863
GENERAL FUND 2023-24 2024-25 MAINE TOTAL
All Other $3,724,935 $3,724,935
__________ __________ OTHER SPECIAL 2023-24 2024-25
GENERAL FUND TOTAL $3,724,935 $3,724,935 REVENUE FUNDS
Medicaid Waiver for Other Related Conditions All Other $234,496,055 $234,496,055
__________ __________
Z217 OTHER SPECIAL REVENUE $234,496,055 $234,496,055
Initiative: Provides funding for cost-of-living increases FUNDS TOTAL
per Public Law 2021, chapter 639, An Act To Codify
MaineCare Rate System Reform, related to the depart- FEDERAL BLOCK GRANT 2023-24 2024-25
ment's rule Chapter 101: MaineCare Benefits Manual, FUND
All Other $41,751,039 $41,751,039
147
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
148
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
149
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
All Other $28,520,351 $28,645,045 Initiative: Provides funding for cost-of-living increases
__________ __________ per Public Law 2021, chapter 639, An Act To Codify
GENERAL FUND TOTAL $28,520,351 $28,645,045 MaineCare Rate System Reform, related to the depart-
ment's rule Chapter 101: MaineCare Benefits Manual,
FEDERAL EXPENDITURES 2023-24 2024-25 Chapter III, Sections 23; 40; 91; 92; 93; 97, Appendix
FUND B; 97, Appendix D; and 102.
All Other $49,539,708 $49,418,470
__________ __________ GENERAL FUND 2023-24 2024-25
FEDERAL EXPENDITURES $49,539,708 $49,418,470 All Other $1,800,123 $2,294,608
FUND TOTAL __________ __________
GENERAL FUND TOTAL $1,800,123 $2,294,608
FEDERAL BLOCK GRANT 2023-24 2024-25
FUND
Mental Health Services - Child Medicaid Z207
All Other $2,323,647 $2,320,192 Initiative: Adjusts funding as a result of the decrease in
__________ __________ the Federal Medical Assistance Percentage for federal
FEDERAL BLOCK GRANT $2,323,647 $2,320,192 fiscal years 2024 and 2025. This initiative also adjusts
FUND TOTAL funding for the enhanced Federal Medical Assistance
MEDICAL CARE - PAYMENTS TO Percentage of 2.5% in fiscal year 2024 quarter 1 and
PROVIDERS 0147 1.5% in fiscal year 2024 quarter 2 as authorized by the
federal Consolidated Appropriations Act, 2023.
PROGRAM SUMMARY
GENERAL FUND 2023-24 2024-25
GENERAL FUND 2023-24 2024-25 All Other ($370,110) $892,617
All Other $626,966,886 $650,524,499 __________ __________
__________ __________ GENERAL FUND TOTAL ($370,110) $892,617
GENERAL FUND TOTAL $626,966,886 $650,524,499
MENTAL HEALTH SERVICES - CHILD
FEDERAL EXPENDITURES 2023-24 2024-25 MEDICAID Z207
FUND
All Other $2,554,636,458 $2,536,687,651
PROGRAM SUMMARY
__________ __________ GENERAL FUND 2023-24 2024-25
FEDERAL EXPENDITURES $2,554,636,458 $2,536,687,651 All Other $39,861,176 $41,618,388
FUND TOTAL __________ __________
GENERAL FUND TOTAL $39,861,176 $41,618,388
FUND FOR A HEALTHY 2023-24 2024-25
MAINE Mental Health Services - Children Z206
All Other $31,028,356 $32,022,910 Initiative: BASELINE BUDGET
__________ __________
FUND FOR A HEALTHY $31,028,356 $32,022,910 GENERAL FUND 2023-24 2024-25
MAINE TOTAL POSITIONS - 27.500 27.500
LEGISLATIVE COUNT
OTHER SPECIAL 2023-24 2024-25 Personal Services $2,799,878 $2,853,079
REVENUE FUNDS All Other $15,803,420 $15,803,420
All Other $235,820,111 $236,842,597 __________ __________
__________ __________ GENERAL FUND TOTAL $18,603,298 $18,656,499
OTHER SPECIAL REVENUE $235,820,111 $236,842,597
FUNDS TOTAL FEDERAL EXPENDITURES 2023-24 2024-25
FUND
FEDERAL BLOCK GRANT 2023-24 2024-25 Personal Services $1,148,502 $190,540
FUND All Other $1,101,991 $1,101,991
All Other $44,125,609 $44,540,992 __________ __________
__________ __________ FEDERAL EXPENDITURES $2,250,493 $1,292,531
FEDERAL BLOCK GRANT $44,125,609 $44,540,992 FUND TOTAL
FUND TOTAL
FEDERAL BLOCK GRANT 2023-24 2024-25
Mental Health Services - Child Medicaid Z207 FUND
Initiative: BASELINE BUDGET All Other $6,751,156 $6,751,156
__________ __________
GENERAL FUND 2023-24 2024-25 FEDERAL BLOCK GRANT $6,751,156 $6,751,156
All Other $38,431,163 $38,431,163 FUND TOTAL
__________ __________
GENERAL FUND TOTAL $38,431,163 $38,431,163 FEDERAL BLOCK GRANT 2023-24 2024-25
FUND - ARP
Mental Health Services - Child Medicaid Z207 All Other $2,388,417 $2,388,417
150
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
151
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
FEDERAL BLOCK GRANT 2023-24 2024-25 Mental Health Services - Community Z198
FUND - ARP Initiative: Continues and makes permanent one Public
All Other $2,388,417 $2,388,417 Service Manager III position previously continued by
__________ __________ Public Law 2021, chapter 29 to serve as the deputy di-
FEDERAL BLOCK GRANT $2,388,417 $2,388,417
FUND - ARP TOTAL
rector of strategic planning. This initiative also provides
funding for related All Other costs.
Mental Health Services - Community Z198
GENERAL FUND 2023-24 2024-25
Initiative: BASELINE BUDGET POSITIONS - 1.000 1.000
LEGISLATIVE COUNT
GENERAL FUND 2023-24 2024-25 Personal Services $181,266 $183,152
POSITIONS - 55.000 55.000 All Other $6,537 $6,537
LEGISLATIVE COUNT __________ __________
Personal Services $5,847,939 $6,007,539 GENERAL FUND TOTAL $187,803 $189,689
All Other $21,965,063 $21,965,047
__________ __________ MENTAL HEALTH SERVICES - COMMUNITY
GENERAL FUND TOTAL $27,813,002 $27,972,586 Z198
PROGRAM SUMMARY
152
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
GENERAL FUND 2023-24 2024-25 1.5% in fiscal year 2024 quarter 2 as authorized by the
POSITIONS - 57.000 57.000 federal Consolidated Appropriations Act, 2023.
LEGISLATIVE COUNT
Personal Services $6,210,471 $6,373,843 GENERAL FUND 2023-24 2024-25
All Other $21,978,137 $21,978,121 All Other ($473,943) $1,143,038
__________ __________ __________ __________
GENERAL FUND TOTAL $28,188,608 $28,351,964 GENERAL FUND TOTAL ($473,943) $1,143,038
Mental Health Services - Community Medicaid
FEDERAL EXPENDITURES 2023-24 2024-25 Z201
FUND
All Other $10,977,731 $10,977,731 Initiative: Provides funding for cost-of-living increases
__________ __________ per Public Law 2021, chapter 639, An Act To Codify
FEDERAL EXPENDITURES $10,977,731 $10,977,731 MaineCare Rate System Reform, related to the depart-
FUND TOTAL ment's rule Chapter 101: MaineCare Benefits Manual,
Chapter III, Section 50, Principles of Reimbursement
OTHER SPECIAL 2023-24 2024-25 for Intermediate Care Facilities for the Mentally Re-
REVENUE FUNDS tarded; Section 67, Principles of Reimbursement for
All Other $500 $500
__________ __________
Nursing Facilities; Section 97, Appendix C, Principles
OTHER SPECIAL REVENUE $500 $500
of Reimbursement for Medical and Remedial Service
FUNDS TOTAL Facilities; Section 97, Appendix E, Principles of Reim-
bursement for Community Residences for Persons with
FEDERAL BLOCK GRANT 2023-24 2024-25 Mental Illness; and Section 97, Appendix F, Principles
FUND of Reimbursement for Non-Case Mixed Medical and
POSITIONS - 1.000 1.000 Remedial Facilities.
LEGISLATIVE COUNT
GENERAL FUND 2023-24 2024-25
Personal Services $104,114 $108,664
All Other $2,780,875 $5,799,713
All Other $9,154,081 $9,154,081
__________ __________
__________ __________
GENERAL FUND TOTAL $2,780,875 $5,799,713
FEDERAL BLOCK GRANT $9,258,195 $9,262,745
FUND TOTAL MENTAL HEALTH SERVICES - COMMUNITY
MEDICAID Z201
FEDERAL BLOCK GRANT 2023-24 2024-25
FUND - ARP PROGRAM SUMMARY
All Other $3,138,475 $3,138,475 GENERAL FUND 2023-24 2024-25
__________ __________ All Other $41,937,330 $46,573,149
FEDERAL BLOCK GRANT $3,138,475 $3,138,475 __________ __________
FUND - ARP TOTAL GENERAL FUND TOTAL $41,937,330 $46,573,149
Mental Health Services - Community Medicaid
Z201 OTHER SPECIAL 2023-24 2024-25
REVENUE FUNDS
Initiative: BASELINE BUDGET All Other $11,290,600 $11,290,600
__________ __________
GENERAL FUND 2023-24 2024-25
OTHER SPECIAL REVENUE $11,290,600 $11,290,600
All Other $39,630,398 $39,630,398
FUNDS TOTAL
__________ __________
GENERAL FUND TOTAL $39,630,398 $39,630,398 Multicultural Services Z034
OTHER SPECIAL 2023-24 2024-25 Initiative: BASELINE BUDGET
REVENUE FUNDS GENERAL FUND 2023-24 2024-25
All Other $11,290,600 $11,290,600 POSITIONS - 1.000 1.000
__________ __________ LEGISLATIVE COUNT
OTHER SPECIAL REVENUE $11,290,600 $11,290,600 Personal Services $128,296 $134,071
FUNDS TOTAL All Other $18,707 $18,707
Mental Health Services - Community Medicaid __________ __________
GENERAL FUND TOTAL $147,003 $152,778
Z201
Initiative: Adjusts funding as a result of the decrease in FEDERAL EXPENDITURES 2023-24 2024-25
the Federal Medical Assistance Percentage for federal FUND
fiscal years 2024 and 2025. This initiative also adjusts All Other $1,469,748 $1,469,748
funding for the enhanced Federal Medical Assistance __________ __________
Percentage of 2.5% in fiscal year 2024 quarter 1 and FEDERAL EXPENDITURES $1,469,748 $1,469,748
FUND TOTAL
153
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
MULTICULTURAL SERVICES Z034 MaineCare Rate System Reform, related to the depart-
ment's rule Chapter 101: MaineCare Benefits Manual,
PROGRAM SUMMARY
Chapter III, Section 50, Principles of Reimbursement
GENERAL FUND 2023-24 2024-25 for Intermediate Care Facilities for the Mentally Re-
POSITIONS - 1.000 1.000 tarded; Section 67, Principles of Reimbursement for
LEGISLATIVE COUNT Nursing Facilities; Section 97, Appendix C, Principles
Personal Services $128,296 $134,071 of Reimbursement for Medical and Remedial Service
All Other $18,707 $18,707 Facilities; Section 97, Appendix E, Principles of Reim-
__________ __________
GENERAL FUND TOTAL $147,003 $152,778
bursement for Community Residences for Persons with
Mental Illness; and Section 97, Appendix F, Principles
FEDERAL EXPENDITURES 2023-24 2024-25 of Reimbursement for Non-Case Mixed Medical and
FUND Remedial Facilities.
All Other $1,469,748 $1,469,748 GENERAL FUND 2023-24 2024-25
__________ __________ All Other $4,121,046 $8,791,134
FEDERAL EXPENDITURES $1,469,748 $1,469,748 __________ __________
FUND TOTAL GENERAL FUND TOTAL $4,121,046 $8,791,134
Nursing Facilities 0148
FEDERAL EXPENDITURES 2023-24 2024-25
Initiative: BASELINE BUDGET FUND
All Other $8,298,908 $17,568,245
GENERAL FUND 2023-24 2024-25
__________ __________
All Other $134,164,189 $134,164,189
FEDERAL EXPENDITURES $8,298,908 $17,568,245
__________ __________
FUND TOTAL
GENERAL FUND TOTAL $134,164,189 $134,164,189
OTHER SPECIAL 2023-24 2024-25
FEDERAL EXPENDITURES 2023-24 2024-25
REVENUE FUNDS
FUND
All Other $793,273 $1,683,249
All Other $326,663,316 $326,663,316
__________ __________
__________ __________
OTHER SPECIAL REVENUE $793,273 $1,683,249
FEDERAL EXPENDITURES $326,663,316 $326,663,316
FUNDS TOTAL
FUND TOTAL
NURSING FACILITIES 0148
OTHER SPECIAL 2023-24 2024-25
REVENUE FUNDS PROGRAM SUMMARY
All Other $41,121,952 $41,121,952 GENERAL FUND 2023-24 2024-25
__________ __________ All Other $136,653,774 $146,890,024
OTHER SPECIAL REVENUE $41,121,952 $41,121,952 __________ __________
FUNDS TOTAL GENERAL FUND TOTAL $136,653,774 $146,890,024
Nursing Facilities 0148
FEDERAL EXPENDITURES 2023-24 2024-25
Initiative: Adjusts funding as a result of the decrease in FUND
the Federal Medical Assistance Percentage for federal All Other $336,593,685 $340,296,860
fiscal years 2024 and 2025. This initiative also adjusts __________ __________
funding for the enhanced Federal Medical Assistance FEDERAL EXPENDITURES $336,593,685 $340,296,860
Percentage of 2.5% in fiscal year 2024 quarter 1 and FUND TOTAL
1.5% in fiscal year 2024 quarter 2 as authorized by the
federal Consolidated Appropriations Act, 2023. OTHER SPECIAL 2023-24 2024-25
REVENUE FUNDS
GENERAL FUND 2023-24 2024-25 All Other $41,915,225 $42,805,201
All Other ($1,631,461) $3,934,701 __________ __________
__________ __________ OTHER SPECIAL REVENUE $41,915,225 $42,805,201
GENERAL FUND TOTAL ($1,631,461) $3,934,701 FUNDS TOTAL
154
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
155
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
OTHER SPECIAL 2023-24 2024-25 Office of Aging and Disability Services Adult
REVENUE FUNDS Protective Services Z040
Personal Services $2,355,401 $2,487,982
All Other $256,393 $259,592 Initiative: Transfers 55 positions from the Developmen-
__________ __________ tal Services - Community program to the Office of Ag-
OTHER SPECIAL REVENUE $2,611,794 $2,747,574 ing and Disability Services Adult Protective Services
FUNDS TOTAL program within the same fund and transfers funding for
OFFICE FOR FAMILY INDEPENDENCE - related All Other costs. Position detail on file with the
DISTRICT 0453 Bureau of Budget.
GENERAL FUND 2023-24 2024-25
PROGRAM SUMMARY POSITIONS - 55.000 55.000
GENERAL FUND 2023-24 2024-25 LEGISLATIVE COUNT
POSITIONS - 21.000 21.000 Personal Services $5,650,900 $5,756,763
LEGISLATIVE COUNT All Other $359,535 $359,535
Personal Services $16,461,225 $16,568,812 __________ __________
All Other $2,321,892 $2,321,892 GENERAL FUND TOTAL $6,010,435 $6,116,298
__________ __________
GENERAL FUND TOTAL $18,783,117 $18,890,704
Office of Aging and Disability Services Adult
Protective Services Z040
OTHER SPECIAL 2023-24 2024-25 Initiative: Provides funding for the approved reorgani-
REVENUE FUNDS zation of 4 Mental Health and Developmental Disabili-
POSITIONS - 444.500 444.500 ties Caseworker positions to Human Services Case-
LEGISLATIVE COUNT worker positions after receipt of social work licensure.
Personal Services $26,352,953 $26,517,851
All Other $6,427,117 $6,430,316 GENERAL FUND 2023-24 2024-25
__________ __________ Personal Services $2,126 $4,886
OTHER SPECIAL REVENUE $32,780,070 $32,948,167 __________ __________
FUNDS TOTAL GENERAL FUND TOTAL $2,126 $4,886
Office of Advocacy - BDS Z209 Office of Aging and Disability Services Adult
Protective Services Z040
Initiative: BASELINE BUDGET
GENERAL FUND 2023-24 2024-25
Initiative: Provides funding for the proposed reorgani-
All Other $163,727 $163,727
zation of 3 Public Service Manager II positions to Pub-
__________ __________ lic Service Manager III positions, one Public Service
GENERAL FUND TOTAL $163,727 $163,727 Manager III position from range 34 to range 35 and one
Public Service Manager III position from range 34 to
OFFICE OF ADVOCACY - BDS Z209 range 36 due to increased responsibilities within the Of-
PROGRAM SUMMARY fice of Aging and Disability Services. This initiative
also provides funding for related All Other costs.
GENERAL FUND 2023-24 2024-25
All Other $163,727 $163,727 GENERAL FUND 2023-24 2024-25
__________ __________ Personal Services $7,380 $13,371
GENERAL FUND TOTAL $163,727 $163,727 __________ __________
GENERAL FUND TOTAL $7,380 $13,371
Office of Aging and Disability Services Adult
Protective Services Z040 OFFICE OF AGING AND DISABILITY
SERVICES ADULT PROTECTIVE SERVICES
Initiative: BASELINE BUDGET Z040
GENERAL FUND 2023-24 2024-25 PROGRAM SUMMARY
POSITIONS - 75.000 75.000
LEGISLATIVE COUNT GENERAL FUND 2023-24 2024-25
Personal Services $7,888,492 $8,021,835 POSITIONS - 130.000 130.000
All Other $1,171,605 $1,171,605 LEGISLATIVE COUNT
__________ __________ Personal Services $13,548,898 $13,796,855
GENERAL FUND TOTAL $9,060,097 $9,193,440 All Other $1,531,140 $1,531,140
__________ __________
OTHER SPECIAL 2023-24 2024-25 GENERAL FUND TOTAL $15,080,038 $15,327,995
REVENUE FUNDS
All Other $126,528 $126,528 OTHER SPECIAL 2023-24 2024-25
__________ __________ REVENUE FUNDS
OTHER SPECIAL REVENUE $126,528 $126,528 All Other $126,528 $126,528
FUNDS TOTAL
156
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
157
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
Personal Services $681,625 $701,396 Initiative: Transfers and reallocates 33 positions from
All Other $12,407,315 $12,407,382 various accounts in the Division of Licensing and Cer-
__________ __________ tification program to various accounts in the Office of
FEDERAL EXPENDITURES $13,088,940 $13,108,778 Child and Family Services - Central program and Child
FUND TOTAL Care Services program to place them in the proper func-
tional location. This initiative also transfers funding for
OTHER SPECIAL 2023-24 2024-25
REVENUE FUNDS
related All Other costs. Position detail is on file in the
All Other $500 $500 Bureau of the Budget.
__________ __________ GENERAL FUND 2023-24 2024-25
OTHER SPECIAL REVENUE $500 $500 POSITIONS - 12.000 12.000
FUNDS TOTAL LEGISLATIVE COUNT
Personal Services $851,688 $874,788
FEDERAL BLOCK GRANT 2023-24 2024-25 All Other $35,300 $35,300
FUND __________ __________
All Other $415,000 $415,000 GENERAL FUND TOTAL $886,988 $910,088
__________ __________
FEDERAL BLOCK GRANT $415,000 $415,000 OTHER SPECIAL 2023-24 2024-25
FUND TOTAL REVENUE FUNDS
Personal Services $331,203 $340,184
FEDERAL EXPENDITURES 2023-24 2024-25 All Other $24,220 $24,345
FUND - ARP STATE FISCAL __________ __________
RECOVERY OTHER SPECIAL REVENUE $355,423 $364,529
All Other $2,472,897 $670,860 FUNDS TOTAL
__________ __________
FEDERAL EXPENDITURES $2,472,897 $670,860 Office of Child and Family Services - Central 0307
FUND - ARP STATE FISCAL Initiative: Transfers and reallocates one Public Health
RECOVERY TOTAL Nurse II position from 100% Maine Center for Disease
Control and Prevention program, General Fund to 72%
FEDERAL EXPENDITURES 2023-24 2024-25
FUND - ARP
General Fund and 28% Other Special Revenue Funds in
All Other $2,782,751 $2,782,751
the Office of Child and Family Services - Central pro-
__________ __________ gram and adjusts funding for related All Other costs.
FEDERAL EXPENDITURES $2,782,751 $2,782,751 GENERAL FUND 2023-24 2024-25
FUND - ARP TOTAL POSITIONS - 1.000 1.000
Office of Child and Family Services - Central 0307 LEGISLATIVE COUNT
Personal Services $85,913 $86,936
Initiative: BASELINE BUDGET All Other $4,707 $4,707
__________ __________
GENERAL FUND 2023-24 2024-25 GENERAL FUND TOTAL $90,620 $91,643
POSITIONS - 77.000 77.000
LEGISLATIVE COUNT
OTHER SPECIAL 2023-24 2024-25
Personal Services $5,629,570 $5,747,659
REVENUE FUNDS
All Other $3,425,274 $3,425,274
Personal Services $33,411 $33,808
__________ __________
All Other $2,834 $2,845
GENERAL FUND TOTAL $9,054,844 $9,172,933
__________ __________
OTHER SPECIAL REVENUE $36,245 $36,653
FEDERAL EXPENDITURES 2023-24 2024-25 FUNDS TOTAL
FUND
All Other $896,668 $896,668 Office of Child and Family Services - Central 0307
__________ __________
FEDERAL EXPENDITURES $896,668 $896,668 Initiative: Transfers funding appropriated in Public Law
FUND TOTAL 2021, chapter 635 for the parents as teachers program
and for kinship navigators from the Office of Child and
OTHER SPECIAL 2023-24 2024-25 Family Services - Central program to the IV-E Foster
REVENUE FUNDS Care/Adoption Assistance program within the same
Personal Services $2,189,141 $2,235,062 fund.
All Other $983,383 $983,383
__________ __________ GENERAL FUND 2023-24 2024-25
All Other ($1,420,000) ($1,420,000)
OTHER SPECIAL REVENUE $3,172,524 $3,218,445
FUNDS TOTAL __________ __________
GENERAL FUND TOTAL ($1,420,000) ($1,420,000)
Office of Child and Family Services - Central 0307
OFFICE OF CHILD AND FAMILY SERVICES -
CENTRAL 0307
158
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
159
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
All Other $5,495,471 $5,495,471 Public Law 2021, chapter 635 and also transfers and re-
__________ __________ allocates the positions from 100% Mental Health Ser-
FEDERAL BLOCK GRANT $5,495,471 $5,495,471 vices - Children program, Federal Expenditures Fund to
FUND TOTAL 50% Mental Health Services - Children program, Gen-
eral Fund and 50% Office of MaineCare Services pro-
FEDERAL EXPENDITURES 2023-24 2024-25 gram, Federal Expenditures Fund. This initiative also
FUND ARRA
All Other $1,505,768 $1,505,768
establishes 8 Social Services Program Specialist II po-
__________ __________ sitions, one Social Services Program Manager position
FEDERAL EXPENDITURES $1,505,768 $1,505,768 and one Comprehensive Health Planner II position
FUND ARRA TOTAL funded 50% Mental Health Services - Children pro-
gram, General Fund and 50% Office of MaineCare Ser-
Office of MaineCare Services 0129 vices program, Federal Expenditures Fund. This initia-
Initiative: Provides funding for the approved reorgani- tive also provides funding for related All Other costs.
zation of one Office Associate II position to an Office FEDERAL EXPENDITURES 2023-24 2024-25
Specialist I position and provides funding for related FUND
All Other costs. Personal Services $657,767 $688,236
All Other $59,388 $59,276
FEDERAL EXPENDITURES 2023-24 2024-25
__________ __________
FUND
FEDERAL EXPENDITURES $717,155 $747,512
Personal Services $2,151 $2,290
FUND TOTAL
All Other $85 $88
__________ __________ Office of MaineCare Services 0129
FEDERAL EXPENDITURES $2,236 $2,378
FUND TOTAL Initiative: Reallocates 10 Behavioral Health Program
Coordinator positions, 5 Clinical Social Worker posi-
Office of MaineCare Services 0129 tions, 2 Developmental Disability Resources Coordina-
Initiative: Provides funding for the approved reorgani- tor positions and one Social Services Program Special-
zation of one Health Services Supervisor position to a ist II position from 100% Mental Health Services -
Social Services Program Manager position and pro- Children program, General Fund to 50% Mental Health
vides funding for related All Other costs. Services - Children program, General Fund and 50%
Office of MaineCare Services program, Federal Ex-
FEDERAL EXPENDITURES 2023-24 2024-25 penditures Fund to align with projected federal grant
FUND
Personal Services $572 $571
revenue. This initiative also adjusts related All Other
All Other $14 $14
funding.
__________ __________ FEDERAL EXPENDITURES 2023-24 2024-25
FEDERAL EXPENDITURES $586 $585 FUND
FUND TOTAL Personal Services $921,462 $936,175
All Other $84,425 $84,756
Office of MaineCare Services 0129 __________ __________
Initiative: Continues and makes permanent one Devel- FEDERAL EXPENDITURES $1,005,887 $1,020,931
opmental Disabilities Resources Coordinator position FUND TOTAL
previously continued in Public Law 2021, chapter 398 Office of MaineCare Services 0129
funded 50% Mental Health Services - Children pro-
gram, General Fund and 50% Office of MaineCare Ser- Initiative: Continues and makes permanent one Public
vices program, Federal Expenditures Fund. This initia- Service Manager II position previously established in
tive also provides funding for related All Other costs. Public Law 2021, chapter 398 and provides funding for
related All Other costs.
FEDERAL EXPENDITURES 2023-24 2024-25
FUND GENERAL FUND 2023-24 2024-25
Personal Services $50,967 $53,479 POSITIONS - 1.000 1.000
All Other $4,435 $4,495 LEGISLATIVE COUNT
__________ __________ Personal Services $70,521 $71,472
FEDERAL EXPENDITURES $55,402 $57,974 All Other $3,269 $3,269
FUND TOTAL __________ __________
GENERAL FUND TOTAL $73,790 $74,741
Office of MaineCare Services 0129
Initiative: Continues and makes permanent one Social FEDERAL EXPENDITURES 2023-24 2024-25
Services Program Specialist II position, one Social Ser- FUND
Personal Services $70,515 $71,466
vices Program Specialist I position and one Data and
All Other $5,049 $5,072
Research Coordinator position previously continued by
160
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
161
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
Personal Services $110,028 $116,091 Manager III position from range 34 to range 35 and one
All Other $9,350 $9,496 Public Service Manager III position from range 34 to
__________ __________ range 36 due to increased responsibilities within the Of-
FEDERAL EXPENDITURES $119,378 $125,587 fice of Aging and Disability Services. This initiative
FUND TOTAL also provides funding for related All Other costs.
Office of MaineCare Services 0129 FEDERAL EXPENDITURES 2023-24 2024-25
Initiative: Restores one legislative position count in the FUND
Office of MaineCare Services program, Federal Ex- Personal Services $489 $899
penditures Fund to correct an error in Public Law 2021, All Other $12 $22
__________ __________
chapter 398, Part A that removed one legislative posi- FEDERAL EXPENDITURES $501 $921
tion count from both the General Fund and the Federal FUND TOTAL
Expenditures Fund for the same position elimination in
the Office of MaineCare Services program. OFFICE OF MAINECARE SERVICES 0129
FEDERAL EXPENDITURES 2023-24 2024-25 PROGRAM SUMMARY
FUND
GENERAL FUND 2023-24 2024-25
POSITIONS - 1.000 1.000
POSITIONS - 63.000 63.000
LEGISLATIVE COUNT
LEGISLATIVE COUNT
__________ __________
Personal Services $7,921,022 $8,118,636
FEDERAL EXPENDITURES $0 $0
All Other $23,021,995 $23,021,996
FUND TOTAL
__________ __________
Office of MaineCare Services 0129 GENERAL FUND TOTAL $30,943,017 $31,140,632
Initiative: Provides funding for the proposed reclassifi- FEDERAL EXPENDITURES 2023-24 2024-25
cation of 3 Office Associate II positions to Medical FUND
Support Specialist Claims positions and one Office As- POSITIONS - 90.000 90.000
sociate II Supervisor position to an Office Specialist I LEGISLATIVE COUNT
Supervisor position funded 50% General Fund and 50% Personal Services $10,461,272 $10,706,698
Federal Expenditures Fund in the Office of MaineCare All Other $85,369,580 $85,367,846
Services program. This initiative also provides funding __________ __________
for related All Other costs. FEDERAL EXPENDITURES $95,830,852 $96,074,544
FUND TOTAL
GENERAL FUND 2023-24 2024-25
Personal Services $9,159 $9,353 OTHER SPECIAL 2023-24 2024-25
__________ __________ REVENUE FUNDS
GENERAL FUND TOTAL $9,159 $9,353 All Other $1,246,417 $1,246,417
__________ __________
FEDERAL EXPENDITURES 2023-24 2024-25 OTHER SPECIAL REVENUE $1,246,417 $1,246,417
FUND FUNDS TOTAL
Personal Services $9,159 $9,358
All Other $221 $226 FEDERAL BLOCK GRANT 2023-24 2024-25
__________ __________ FUND
FEDERAL EXPENDITURES $9,380 $9,584 All Other $5,495,471 $5,495,471
FUND TOTAL __________ __________
Office of MaineCare Services 0129 FEDERAL BLOCK GRANT $5,495,471 $5,495,471
FUND TOTAL
Initiative: Provides funding for the approved reorgani-
zation of 4 Mental Health and Developmental Disabili- FEDERAL EXPENDITURES 2023-24 2024-25
ties Caseworker positions to Human Services Case- FUND ARRA
worker positions after receipt of social work licensure. All Other $1,505,768 $1,505,768
__________ __________
FEDERAL EXPENDITURES 2023-24 2024-25 FEDERAL EXPENDITURES $1,505,768 $1,505,768
FUND FUND ARRA TOTAL
Personal Services ($1,501) ($812)
__________ __________ Office of Substance Abuse & Mental Health Srv-
FEDERAL EXPENDITURES ($1,501) ($812) Medicaid Seed Z202
FUND TOTAL
Initiative: BASELINE BUDGET
Office of MaineCare Services 0129 GENERAL FUND 2023-24 2024-25
Initiative: Provides funding for the proposed reorgani- All Other $13,098,345 $13,098,345
zation of 3 Public Service Manager II positions to Pub- __________ __________
lic Service Manager III positions, one Public Service GENERAL FUND TOTAL $13,098,345 $13,098,345
162
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
163
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
164
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
165
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
166
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
167
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
168
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
State-funded Foster Care/Adoption Assistance 0139 FEDERAL BLOCK GRANT 2023-24 2024-25
FUND
Initiative: Provides funding to increase foster home re- POSITIONS - 3.000 3.000
imbursement rates to increase recruitment and retention LEGISLATIVE COUNT
of foster families in this State. Personal Services $322,112 $332,769
GENERAL FUND 2023-24 2024-25 All Other $82,955,378 $82,955,378
__________ __________
All Other $568,431 $596,852
FEDERAL BLOCK GRANT $83,277,490 $83,288,147
__________ __________
GENERAL FUND TOTAL $568,431 $596,852 FUND TOTAL
State-funded Foster Care/Adoption Assistance 0139 Temporary Assistance for Needy Families 0138
Initiative: Transfers funding appropriated in Public Law Initiative: Continues and makes permanent one Family
2021, chapter 635 for the intensive family-based preser- Independence Program Manager position previously
vation service to serve reunifying families from IV-E established by Financial Order 002264 F3 funded 100%
Foster Care/Adoption Assistance program to the State- Temporary Assistance for Needy Families program,
funded Foster Care/Adoption Assistance program Federal Block Grant Fund. This initiative also provides
within the same fund. funding for related All Other costs.
GENERAL FUND 2023-24 2024-25 FEDERAL BLOCK GRANT 2023-24 2024-25
FUND
All Other $924,000 $924,000
POSITIONS - 1.000 1.000
__________ __________
GENERAL FUND TOTAL $924,000 $924,000 LEGISLATIVE COUNT
Personal Services $113,468 $119,917
STATE-FUNDED FOSTER CARE/ADOPTION All Other $9,433 $9,588
ASSISTANCE 0139 __________ __________
FEDERAL BLOCK GRANT $122,901 $129,505
PROGRAM SUMMARY FUND TOTAL
GENERAL FUND 2023-24 2024-25 Temporary Assistance for Needy Families 0138
POSITIONS - 8.000 8.000
LEGISLATIVE COUNT Initiative: Continues and makes permanent one Senior
Personal Services $592,472 $606,409 Planner position previously continued by Financial Or-
All Other $45,684,871 $45,713,292 der 002265 F3 funded 100% Temporary Assistance for
__________ __________ Needy Families program, Federal Block Grant Fund.
GENERAL FUND TOTAL $46,277,343 $46,319,701 This initiative also provides funding for related All
Other costs.
FEDERAL EXPENDITURES 2023-24 2024-25
FUND FEDERAL BLOCK GRANT 2023-24 2024-25
All Other $2,348,628 $2,348,628 FUND
__________ __________ POSITIONS - 1.000 1.000
FEDERAL EXPENDITURES $2,348,628 $2,348,628 LEGISLATIVE COUNT
FUND TOTAL Personal Services $93,581 $98,633
All Other $9,427 $9,474
OTHER SPECIAL 2023-24 2024-25 __________ __________
REVENUE FUNDS FEDERAL BLOCK GRANT $103,008 $108,107
Personal Services $253,910 $259,885 FUND TOTAL
All Other $934,256 $934,256 TEMPORARY ASSISTANCE FOR NEEDY
__________ __________
FAMILIES 0138
OTHER SPECIAL REVENUE $1,188,166 $1,194,141
FUNDS TOTAL PROGRAM SUMMARY
Temporary Assistance for Needy Families 0138 GENERAL FUND 2023-24 2024-25
All Other $22,163,821 $22,163,821
Initiative: BASELINE BUDGET __________ __________
GENERAL FUND 2023-24 2024-25 GENERAL FUND TOTAL $22,163,821 $22,163,821
All Other $22,163,821 $22,163,821
__________ __________ OTHER SPECIAL 2023-24 2024-25
GENERAL FUND TOTAL $22,163,821 $22,163,821 REVENUE FUNDS
All Other $4,300 $4,300
OTHER SPECIAL 2023-24 2024-25 __________ __________
REVENUE FUNDS OTHER SPECIAL REVENUE $4,300 $4,300
All Other $4,300 $4,300 FUNDS TOTAL
__________ __________
OTHER SPECIAL REVENUE $4,300 $4,300 FEDERAL BLOCK GRANT 2023-24 2024-25
FUNDS TOTAL FUND
169
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
170
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
171
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
172
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
173
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
174
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
175
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
POSITIONS - 1.000 1.000 align the funding source to the functions being per-
LEGISLATIVE COUNT formed. Position detail is on file at the Bureau of the
Personal Services $23,920 $24,988 Budget.
All Other $4,731 $4,731
__________ __________ GENERAL FUND 2023-24 2024-25
GENERAL FUND TOTAL $28,651 $29,719 POSITIONS - (1.000) (1.000)
LEGISLATIVE COUNT
FEDERAL EXPENDITURES 2023-24 2024-25 __________ __________
FUND GENERAL FUND TOTAL $0 $0
Personal Services $481,418 $495,243
All Other $623,267 $623,267 FEDERAL EXPENDITURES 2023-24 2024-25
__________ __________ FUND
FEDERAL EXPENDITURES $1,104,685 $1,118,510 POSITIONS - 1.000 1.000
FUND TOTAL LEGISLATIVE COUNT
__________ __________
OTHER SPECIAL 2023-24 2024-25 FEDERAL EXPENDITURES $0 $0
REVENUE FUNDS FUND TOTAL
POSITIONS - 6.000 6.000 Endangered Nongame Operations 0536
LEGISLATIVE COUNT
Personal Services $362,356 $370,325 Initiative: Transfers and reallocates the cost of 3 IF&W
All Other $128,883 $128,883 Resource Biologist positions from 20% Other Special
__________ __________ Revenue Funds within the Endangered Nongame Oper-
OTHER SPECIAL REVENUE $491,239 $499,208 ations program and 10% General Fund and 70% Federal
FUNDS TOTAL Expenditures Fund within the Resource Management
Endangered Nongame Operations 0536 Services - Inland Fisheries and Wildlife program to
70% Federal Expenditures Fund and 30% General Fund
Initiative: Provides funding for the proposed reorgani- within the Resource Management Services - Inland
zation of one IF&W Resource Supervisor position to a Fisheries and Wildlife program to align work effort
Public Service Manager II position and reallocates the with the appropriate funding.
cost from 70% Resource Management Services - Inland
Fisheries and Wildlife program, Federal Expenditures OTHER SPECIAL 2023-24 2024-25
Fund, 20% Resource Management Services - Inland REVENUE FUNDS
POSITIONS - (3.000) (3.000)
Fisheries and Wildlife program, General Fund and 10%
LEGISLATIVE COUNT
Endangered Nongame Operations program, Other Spe- Personal Services ($63,981) ($64,683)
cial Revenue Funds to 50% Resource Management Ser- All Other ($1,106) ($1,118)
vices - Inland Fisheries and Wildlife program, Federal __________ __________
Expenditures Fund, 30% Resource Management Ser- OTHER SPECIAL REVENUE ($65,087) ($65,801)
vices - Inland Fisheries and Wildlife program, General FUNDS TOTAL
Fund and 20% Endangered Nongame Operations pro-
gram, Federal Expenditures Fund and provides funding Endangered Nongame Operations 0536
for related All Other costs. Initiative: Reallocates the cost of one IF&W Senior Re-
FEDERAL EXPENDITURES 2023-24 2024-25 source Biologist position from 70% Federal Expendi-
FUND tures Fund and 10% General Fund within the Resource
Personal Services $27,851 $28,037 Management Services - Inland Fisheries and Wildlife
All Other $839 $845 program and 20% Endangered Nongame Operations
__________ __________ program, Other Special Revenue Funds to 70% Federal
FEDERAL EXPENDITURES $28,690 $28,882 Expenditures Fund and 30% General Fund within the
FUND TOTAL Resource Management Services - Inland Fisheries and
Wildlife program to align work effort with the appro-
OTHER SPECIAL 2023-24 2024-25 priate funding.
REVENUE FUNDS
Personal Services ($12,523) ($12,617) OTHER SPECIAL 2023-24 2024-25
All Other ($377) ($380) REVENUE FUNDS
__________ __________ Personal Services ($24,452) ($24,843)
OTHER SPECIAL REVENUE ($12,900) ($12,997) All Other ($423) ($429)
FUNDS TOTAL __________ __________
OTHER SPECIAL REVENUE ($24,875) ($25,272)
Endangered Nongame Operations 0536 FUNDS TOTAL
Initiative: Transfers position count for 10 positions Endangered Nongame Operations 0536
from General Fund to Federal Expenditures Fund to
176
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
177
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
178
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
179
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
180
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
Trails Coordinator positions at the Maine Wildlife Park Initiative: BASELINE BUDGET
and provides funding for related All Other costs. GENERAL FUND 2023-24 2024-25
OTHER SPECIAL 2023-24 2024-25 POSITIONS - 11.000 11.000
REVENUE FUNDS LEGISLATIVE COUNT
Personal Services $16,917 $17,271 Personal Services $1,704,814 $1,747,588
All Other $544 $553 All Other $957,008 $957,008
__________ __________ __________ __________
OTHER SPECIAL REVENUE $17,461 $17,824 GENERAL FUND TOTAL $2,661,822 $2,704,596
FUNDS TOTAL
FEDERAL EXPENDITURES 2023-24 2024-25
Public Information and Education, Division of 0729 FUND
Initiative: Transfers position count for 10 positions POSITIONS - 40.000 40.000
from General Fund to Federal Expenditures Fund to LEGISLATIVE COUNT
align the funding source to the functions being per- POSITIONS - FTE COUNT 2.068 2.068
Personal Services $4,060,276 $4,154,935
formed. Position detail is on file at the Bureau of the All Other $3,014,361 $3,014,361
Budget. __________ __________
GENERAL FUND 2023-24 2024-25 FEDERAL EXPENDITURES $7,074,637 $7,169,296
POSITIONS - (1.000) (1.000) FUND TOTAL
LEGISLATIVE COUNT
__________ __________ OTHER SPECIAL 2023-24 2024-25
GENERAL FUND TOTAL $0 $0 REVENUE FUNDS
POSITIONS - 4.000 4.000
Public Information and Education, Division of 0729 LEGISLATIVE COUNT
Initiative: Continues and makes permanent one limited- Personal Services $473,941 $485,282
period Gamekeeper position previously continued by All Other $1,600,243 $1,600,243
__________ __________
Public Law 2021, chapter 29 at the Maine Wildlife Park OTHER SPECIAL REVENUE $2,074,184 $2,085,525
and provides funding for related All Other costs. FUNDS TOTAL
OTHER SPECIAL 2023-24 2024-25
REVENUE FUNDS
Resource Management Services - Inland Fisheries
POSITIONS - 1.000 1.000
and Wildlife 0534
LEGISLATIVE COUNT Initiative: Provides funding for the proposed reorgani-
Personal Services $71,728 $75,718 zation of one IF&W Resource Supervisor position to a
All Other $2,243 $2,363 Public Service Manager II position and provides fund-
__________ __________
ing for related All Other costs.
OTHER SPECIAL REVENUE $73,971 $78,081
FUNDS TOTAL GENERAL FUND 2023-24 2024-25
Personal Services $3,403 $3,661
PUBLIC INFORMATION AND EDUCATION, __________ __________
DIVISION OF 0729 GENERAL FUND TOTAL $3,403 $3,661
PROGRAM SUMMARY
FEDERAL EXPENDITURES 2023-24 2024-25
GENERAL FUND 2023-24 2024-25 FUND
POSITIONS - 7.000 7.000 Personal Services $7,938 $8,544
LEGISLATIVE COUNT All Other $239 $257
Personal Services $603,318 $620,535 __________ __________
All Other $564,441 $564,441 FEDERAL EXPENDITURES $8,177 $8,801
__________ __________ FUND TOTAL
GENERAL FUND TOTAL $1,167,759 $1,184,976
Resource Management Services - Inland Fisheries
OTHER SPECIAL 2023-24 2024-25 and Wildlife 0534
REVENUE FUNDS
Initiative: Provides funding for the proposed reorgani-
POSITIONS - 6.000 6.000
LEGISLATIVE COUNT
zation of one IF&W Resource Supervisor position to a
Personal Services $534,755 $557,568 Public Service Manager II position and reallocates the
All Other $696,531 $696,660 cost from 70% Resource Management Services - Inland
__________ __________ Fisheries and Wildlife program, Federal Expenditures
OTHER SPECIAL REVENUE $1,231,286 $1,254,228 Fund, 20% Resource Management Services - Inland
FUNDS TOTAL Fisheries and Wildlife program, General Fund and 10%
Resource Management Services - Inland Fisheries Endangered Nongame Operations program, Other Spe-
cial Revenue Funds to 50% Resource Management Ser-
and Wildlife 0534 vices - Inland Fisheries and Wildlife program, Federal
181
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
182
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
183
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
184
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
All Other $7,368,901 $7,368,901 Initiative: Continues one limited-period Child Protec-
Capital Expenditures $300,000 $300,000 tive and Juvenile Process Specialist position previously
__________ __________ continued in Public Law 2021, chapter 29 through June
OTHER SPECIAL REVENUE $11,704,146 $11,823,588 14, 2025.
FUNDS TOTAL
FEDERAL EXPENDITURES 2023-24 2024-25
Courts - Supreme, Superior and District 0063 FUND
Initiative: Transfers funding for legal service assistance Personal Services $159,094 $161,099
providers from the Courts - Supreme, Superior and Dis- __________ __________
FEDERAL EXPENDITURES $159,094 $161,099
trict program, General Fund and Other Special Revenue FUND TOTAL
Funds accounts to the Maine Civil Legal Services Fund
program, General Fund and Other Special Revenue Courts - Supreme, Superior and District 0063
Funds accounts. Initiative: Continues 2 limited-period Court Appointed
GENERAL FUND 2023-24 2024-25 Special Advocate Legal Services Advisor positions pre-
All Other ($1,300,000) ($1,300,000) viously continued in Public Law 2021, chapter 29 and
__________ __________ transfers and reallocates the cost from 100% Federal
GENERAL FUND TOTAL ($1,300,000) ($1,300,000) Expenditures Fund to 95% General Fund and 5% Fed-
eral Expenditures Fund within the same program.
OTHER SPECIAL 2023-24 2024-25 These positions will end on June 14, 2025.
REVENUE FUNDS
All Other ($2,500,346) ($2,500,346) GENERAL FUND 2023-24 2024-25
__________ __________ Personal Services $279,074 $287,392
OTHER SPECIAL REVENUE ($2,500,346) ($2,500,346) __________ __________
FUNDS TOTAL GENERAL FUND TOTAL $279,074 $287,392
Courts - Supreme, Superior and District 0063 FEDERAL EXPENDITURES 2023-24 2024-25
Initiative: Continues 3 limited-period Law Clerk posi- FUND
tions previously continued in Public Law 2021, chapter Personal Services $14,688 $15,124
29 through June 14, 2025. All Other $163 $168
__________ __________
OTHER SPECIAL 2023-24 2024-25 FEDERAL EXPENDITURES $14,851 $15,292
REVENUE FUNDS FUND TOTAL
Personal Services $306,600 $318,749
__________ __________ Courts - Supreme, Superior and District 0063
OTHER SPECIAL REVENUE $306,600 $318,749 Initiative: Continues 3 limited-period intermittent proj-
FUNDS TOTAL ect Referee positions, previously continued in Public
Courts - Supreme, Superior and District 0063 Law 2021, chapter 635, through June 14, 2025 and pro-
vides funding for related All Other costs.
Initiative: Continues 2 limited-period Law Clerk posi-
tions and 2 limited-period Assistant Clerk positions pre- GENERAL FUND 2023-24 2024-25
viously continued in Public Law 2021, chapter 635 Personal Services $189,390 $192,309
through June 14, 2025. All Other $602,000 $602,000
__________ __________
GENERAL FUND 2023-24 2024-25 GENERAL FUND TOTAL $791,390 $794,309
Personal Services $0 $23,577
__________ __________ Courts - Supreme, Superior and District 0063
GENERAL FUND TOTAL $0 $23,577 Initiative: Continues one limited-period Assistant Clerk
Courts - Supreme, Superior and District 0063 position and 2 limited-period Collections Clerk posi-
tions previously continued in Public Law 2021, chapter
Initiative: Continues 2 limited-period Service 29 through June 14, 2025.
Center/Violations Bureau Assistant Clerk positions pre-
viously continued in Public Law 2021, chapter 29 OTHER SPECIAL 2023-24 2024-25
through June 14, 2025. REVENUE FUNDS
Personal Services $258,040 $269,277
OTHER SPECIAL 2023-24 2024-25 All Other $2,869 $2,994
REVENUE FUNDS __________ __________
Personal Services $165,220 $173,840 OTHER SPECIAL REVENUE $260,909 $272,271
__________ __________ FUNDS TOTAL
OTHER SPECIAL REVENUE $165,220 $173,840
FUNDS TOTAL Courts - Supreme, Superior and District 0063
Courts - Supreme, Superior and District 0063 Initiative: Continues and makes permanent one Facility
Engineer position previously continued in Public Law
2021, chapter 29.
185
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
186
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
187
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
ADMINISTRATION - LABOR 0030 Blind and Visually Impaired - Division for the 0126
PROGRAM SUMMARY
188
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
Initiative: Provides funding for the approved reorgani- FEDERAL EXPENDITURES $4,367,780 $4,409,626
zation of one Procurement & Contracting Specialist po- FUND TOTAL
sition to a Contract/Grant Specialist position and pro-
vides funding for related All Other costs. OTHER SPECIAL 2023-24 2024-25
REVENUE FUNDS
FEDERAL EXPENDITURES 2023-24 2024-25 POSITIONS - 0.000 0.000
FUND LEGISLATIVE COUNT
Personal Services $3,435 $3,467 Personal Services $0 $0
All Other $68 $69 All Other $217,044 $217,044
__________ __________ __________ __________
FEDERAL EXPENDITURES $3,503 $3,536 OTHER SPECIAL REVENUE $217,044 $217,044
FUND TOTAL FUNDS TOTAL
Blind and Visually Impaired - Division for the 0126 Employment Security Services 0245
Initiative: Transfers one Business Enterprise Program Initiative: BASELINE BUDGET
Assistant position and reallocates the cost from 100%
Other Special Revenue Funds to 100% Federal Expend- FEDERAL EXPENDITURES 2023-24 2024-25
FUND
itures Fund within the same program and transfers one POSITIONS - 158.000 158.000
Procurement & Contracting Specialist position and re- LEGISLATIVE COUNT
allocates the cost from 50% Division for the Blind and Personal Services $17,238,585 $17,648,692
Visually Impaired program, Other Special Revenue All Other $15,951,470 $15,951,470
Funds and 50% Rehabilitation Services program, Fed- __________ __________
eral Expenditures Fund to 50% Division for the Blind FEDERAL EXPENDITURES $33,190,055 $33,600,162
and Visually Impaired program, Federal Expenditures FUND TOTAL
Fund and 50% Rehabilitation Services program, Fed-
eral Expenditures Fund. OTHER SPECIAL 2023-24 2024-25
REVENUE FUNDS
FEDERAL EXPENDITURES 2023-24 2024-25 POSITIONS - 4.000 4.000
FUND LEGISLATIVE COUNT
POSITIONS - 2.000 2.000 Personal Services $357,025 $367,183
LEGISLATIVE COUNT All Other $8,373,146 $8,373,146
Personal Services $121,188 $124,245 __________ __________
__________ __________ OTHER SPECIAL REVENUE $8,730,171 $8,740,329
FEDERAL EXPENDITURES $121,188 $124,245 FUNDS TOTAL
FUND TOTAL
EMPLOYMENT SECURITY 2023-24 2024-25
OTHER SPECIAL 2023-24 2024-25 TRUST FUND
REVENUE FUNDS All Other $250,000,000 $250,000,000
POSITIONS - (2.000) (2.000) __________ __________
LEGISLATIVE COUNT EMPLOYMENT SECURITY $250,000,000 $250,000,000
Personal Services ($121,188) ($124,245) TRUST FUND TOTAL
__________ __________
OTHER SPECIAL REVENUE ($121,188) ($124,245) Employment Security Services 0245
FUNDS TOTAL
Initiative: Continues the following limited-period posi-
BLIND AND VISUALLY IMPAIRED - DIVISION tions through June 7, 2025 that were previously autho-
FOR THE 0126 rized to continue in Public Law 2021, chapter 29: 3
PROGRAM SUMMARY Hearings Examiner positions, one Unemployment
Compensation Regional Manager position, one Unem-
GENERAL FUND 2023-24 2024-25 ployment Compensation Team Leader position and 5
POSITIONS - 17.000 17.000 UC Eligibility Agent positions.
LEGISLATIVE COUNT
Personal Services $1,166,514 $1,196,217 FEDERAL EXPENDITURES 2023-24 2024-25
All Other $2,759,508 $2,759,508 FUND
__________ __________ Personal Services $990,105 $1,024,778
GENERAL FUND TOTAL $3,926,022 $3,955,725 All Other $19,891 $20,588
__________ __________
FEDERAL EXPENDITURES 2023-24 2024-25 FEDERAL EXPENDITURES $1,009,996 $1,045,366
FUND FUND TOTAL
POSITIONS - 18.000 18.000 Employment Security Services 0245
LEGISLATIVE COUNT
Personal Services $2,042,542 $2,084,387 Initiative: Transfers one Chair Maine Unemployment
All Other $2,325,238 $2,325,239 Insurance Commission position, 2 Secretary Legal po-
__________ __________ sitions, 2 Maine Unemployment Insurance Commission
189
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
Member positions and one Law Clerk position and re- GENERAL FUND TOTAL $1,437,890 $1,459,982
allocates the cost from 100% Federal Expenditures
Fund to 100% Other Special Revenue Funds within the FEDERAL EXPENDITURES 2023-24 2024-25
same program and provides funding for related All FUND
Other costs. POSITIONS - 102.500 102.500
LEGISLATIVE COUNT
FEDERAL EXPENDITURES 2023-24 2024-25 Personal Services $7,819,494 $8,115,780
FUND All Other $15,939,490 $15,939,490
POSITIONS - (6.000) (6.000) __________ __________
LEGISLATIVE COUNT FEDERAL EXPENDITURES $23,758,984 $24,055,270
Personal Services ($637,888) ($661,601) FUND TOTAL
All Other ($12,815) ($13,292)
__________ __________ OTHER SPECIAL 2023-24 2024-25
FEDERAL EXPENDITURES ($650,703) ($674,893) REVENUE FUNDS
FUND TOTAL POSITIONS - 6.000 6.000
LEGISLATIVE COUNT
OTHER SPECIAL 2023-24 2024-25 Personal Services $670,042 $692,540
REVENUE FUNDS All Other $710,597 $710,597
POSITIONS - 6.000 6.000 __________ __________
LEGISLATIVE COUNT OTHER SPECIAL REVENUE $1,380,639 $1,403,137
Personal Services $637,888 $661,601 FUNDS TOTAL
All Other $12,815 $13,292
__________ __________ FEDERAL EXPENDITURES 2023-24 2024-25
OTHER SPECIAL REVENUE $650,703 $674,893 FUND - ARP STATE FISCAL
FUNDS TOTAL RECOVERY
EMPLOYMENT SECURITY SERVICES 0245 Personal Services $772,606 $214,645
All Other $4,306,606 $1,455,232
PROGRAM SUMMARY __________ __________
FEDERAL EXPENDITURES $5,079,212 $1,669,877
FEDERAL EXPENDITURES 2023-24 2024-25 FUND - ARP STATE FISCAL
FUND RECOVERY TOTAL
POSITIONS - 152.000 152.000
LEGISLATIVE COUNT
COMPETITIVE SKILLS 2023-24 2024-25
Personal Services $17,590,802 $18,011,869
SCHOLARSHIP FUND
All Other $15,958,546 $15,958,766
POSITIONS - 4.000 4.000
__________ __________
LEGISLATIVE COUNT
FEDERAL EXPENDITURES $33,549,348 $33,970,635
Personal Services $811,485 $835,152
FUND TOTAL
All Other $3,053,605 $3,053,605
__________ __________
OTHER SPECIAL 2023-24 2024-25 COMPETITIVE SKILLS $3,865,090 $3,888,757
REVENUE FUNDS SCHOLARSHIP FUND
POSITIONS - 10.000 10.000 TOTAL
LEGISLATIVE COUNT
Personal Services $994,913 $1,028,784 Employment Services Activity 0852
All Other $8,385,961 $8,386,438
__________ __________ Initiative: Transfers one Secretary Specialist Supervisor
OTHER SPECIAL REVENUE $9,380,874 $9,415,222 position from the Employment Services Activity pro-
FUNDS TOTAL gram to the Administration - Labor program and
reallocates the cost from 100% Federal Expenditures
EMPLOYMENT SECURITY 2023-24 2024-25 Fund to 100% Other Special Revenue Funds.
TRUST FUND
FEDERAL EXPENDITURES 2023-24 2024-25
All Other $250,000,000 $250,000,000
FUND
__________ __________
POSITIONS - (1.000) (1.000)
EMPLOYMENT SECURITY $250,000,000 $250,000,000
LEGISLATIVE COUNT
TRUST FUND TOTAL
Personal Services ($109,890) ($111,858)
Employment Services Activity 0852 All Other ($1,799) ($1,831)
__________ __________
Initiative: BASELINE BUDGET FEDERAL EXPENDITURES ($111,689) ($113,689)
GENERAL FUND 2023-24 2024-25 FUND TOTAL
POSITIONS - 3.000 3.000 Employment Services Activity 0852
LEGISLATIVE COUNT
Personal Services $701,733 $723,825 Initiative: Transfers and reallocates the cost of various
All Other $736,157 $736,157 positions between General Fund, Federal Expenditures
__________ __________ Fund, Other Special Revenue Funds and Competitive
190
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
Skills Scholarship Fund within the Employment Ser- POSITIONS - 5.000 5.000
vices Activity program to better align positions with LEGISLATIVE COUNT
work activity. Position detail is on file in the Bureau of Personal Services $600,229 $618,522
the Budget. All Other $709,454 $709,385
__________ __________
GENERAL FUND 2023-24 2024-25 OTHER SPECIAL REVENUE $1,309,683 $1,327,907
Personal Services ($1,015) $662 FUNDS TOTAL
__________ __________
GENERAL FUND TOTAL ($1,015) $662 FEDERAL EXPENDITURES 2023-24 2024-25
FUND - ARP STATE FISCAL
FEDERAL EXPENDITURES 2023-24 2024-25 RECOVERY
FUND Personal Services $772,606 $214,645
POSITIONS - (4.000) (4.000) All Other $4,306,606 $1,455,232
LEGISLATIVE COUNT __________ __________
Personal Services $132,955 $137,560 FEDERAL EXPENDITURES $5,079,212 $1,669,877
All Other $2,176 $2,253 FUND - ARP STATE FISCAL
__________ __________ RECOVERY TOTAL
FEDERAL EXPENDITURES $135,131 $139,813
FUND TOTAL COMPETITIVE SKILLS 2023-24 2024-25
SCHOLARSHIP FUND
OTHER SPECIAL 2023-24 2024-25 POSITIONS - 9.000 9.000
REVENUE FUNDS LEGISLATIVE COUNT
POSITIONS - (1.000) (1.000) Personal Services $749,358 $770,948
LEGISLATIVE COUNT All Other $3,052,588 $3,052,554
Personal Services ($69,813) ($74,018) __________ __________
All Other ($1,143) ($1,212) COMPETITIVE SKILLS $3,801,946 $3,823,502
__________ __________ SCHOLARSHIP FUND
OTHER SPECIAL REVENUE ($70,956) ($75,230) TOTAL
FUNDS TOTAL
Labor Relations Board 0160
COMPETITIVE SKILLS 2023-24 2024-25 Initiative: BASELINE BUDGET
SCHOLARSHIP FUND
POSITIONS - 5.000 5.000 GENERAL FUND 2023-24 2024-25
LEGISLATIVE COUNT POSITIONS - 3.500 3.500
Personal Services ($62,127) ($64,204) LEGISLATIVE COUNT
All Other ($1,017) ($1,051) Personal Services $418,170 $423,059
__________ __________ All Other $60,672 $60,672
COMPETITIVE SKILLS ($63,144) ($65,255) __________ __________
SCHOLARSHIP FUND GENERAL FUND TOTAL $478,842 $483,731
TOTAL
OTHER SPECIAL 2023-24 2024-25
EMPLOYMENT SERVICES ACTIVITY 0852 REVENUE FUNDS
PROGRAM SUMMARY Personal Services $95,000 $95,000
All Other $45,477 $45,477
GENERAL FUND 2023-24 2024-25 __________ __________
POSITIONS - 3.000 3.000 OTHER SPECIAL REVENUE $140,477 $140,477
LEGISLATIVE COUNT FUNDS TOTAL
Personal Services $700,718 $724,487
All Other $736,157 $736,157 LABOR RELATIONS BOARD 0160
__________ __________ PROGRAM SUMMARY
GENERAL FUND TOTAL $1,436,875 $1,460,644
GENERAL FUND 2023-24 2024-25
FEDERAL EXPENDITURES 2023-24 2024-25 POSITIONS - 3.500 3.500
FUND LEGISLATIVE COUNT
POSITIONS - 97.500 97.500 Personal Services $418,170 $423,059
LEGISLATIVE COUNT All Other $60,672 $60,672
Personal Services $7,842,559 $8,141,482 __________ __________
All Other $15,939,867 $15,939,912 GENERAL FUND TOTAL $478,842 $483,731
__________ __________
FEDERAL EXPENDITURES $23,782,426 $24,081,394 OTHER SPECIAL 2023-24 2024-25
FUND TOTAL REVENUE FUNDS
Personal Services $95,000 $95,000
OTHER SPECIAL 2023-24 2024-25
REVENUE FUNDS
191
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
All Other $45,477 $45,477 Revenue Funds in the Safety Education and Training
__________ __________ Programs and 50% General Fund in the Regulation and
OTHER SPECIAL REVENUE $140,477 $140,477 Enforcement program to 100% General Fund in the
FUNDS TOTAL Regulation and Enforcement program.
Racial, Indigenous and Maine Tribal Populations GENERAL FUND 2023-24 2024-25
Z287 POSITIONS - 1.000 1.000
Initiative: BASELINE BUDGET LEGISLATIVE COUNT
Personal Services $46,641 $47,139
OTHER SPECIAL 2023-24 2024-25 __________ __________
REVENUE FUNDS GENERAL FUND TOTAL $46,641 $47,139
All Other $500 $500
__________ __________ REGULATION AND ENFORCEMENT 0159
OTHER SPECIAL REVENUE $500 $500 PROGRAM SUMMARY
FUNDS TOTAL
GENERAL FUND 2023-24 2024-25
RACIAL, INDIGENOUS AND MAINE TRIBAL POSITIONS - 13.000 13.000
POPULATIONS Z287 LEGISLATIVE COUNT
Personal Services $1,144,776 $1,169,781
PROGRAM SUMMARY All Other $321,288 $321,288
OTHER SPECIAL 2023-24 2024-25 __________ __________
REVENUE FUNDS GENERAL FUND TOTAL $1,466,064 $1,491,069
All Other $500 $500
__________ __________ FEDERAL EXPENDITURES 2023-24 2024-25
OTHER SPECIAL REVENUE $500 $500 FUND
FUNDS TOTAL POSITIONS - 10.000 10.000
LEGISLATIVE COUNT
Regulation and Enforcement 0159 Personal Services $1,289,801 $1,315,846
Initiative: BASELINE BUDGET All Other $134,977 $134,977
__________ __________
GENERAL FUND 2023-24 2024-25 FEDERAL EXPENDITURES $1,424,778 $1,450,823
POSITIONS - 12.000 12.000 FUND TOTAL
LEGISLATIVE COUNT
Personal Services $1,067,904 $1,092,031 Rehabilitation Services 0799
All Other $321,288 $321,288 Initiative: BASELINE BUDGET
__________ __________
GENERAL FUND TOTAL $1,389,192 $1,413,319 GENERAL FUND 2023-24 2024-25
POSITIONS - 17.000 17.000
FEDERAL EXPENDITURES 2023-24 2024-25 LEGISLATIVE COUNT
FUND Personal Services $1,471,368 $1,510,046
POSITIONS - 10.000 10.000 All Other $3,369,946 $3,369,946
LEGISLATIVE COUNT __________ __________
Personal Services $1,289,801 $1,315,846 GENERAL FUND TOTAL $4,841,314 $4,879,992
All Other $134,977 $134,977
__________ __________ FEDERAL EXPENDITURES 2023-24 2024-25
FEDERAL EXPENDITURES $1,424,778 $1,450,823 FUND
FUND TOTAL POSITIONS - 100.000 100.000
LEGISLATIVE COUNT
Regulation and Enforcement 0159 Personal Services $8,576,853 $8,865,228
Initiative: Reallocates the cost of 4 Labor & Safety In- All Other $9,632,872 $9,632,872
spector positions from 92% General Fund in the Regu- __________ __________
lation and Enforcement program and 8% Other Special FEDERAL EXPENDITURES $18,209,725 $18,498,100
FUND TOTAL
Revenue Funds in the Safety Education and Training
Programs to 100% General Fund in the Regulation and OTHER SPECIAL 2023-24 2024-25
Enforcement program. REVENUE FUNDS
GENERAL FUND 2023-24 2024-25 Personal Services $86,055 $90,798
Personal Services $30,231 $30,611 All Other $391,109 $391,109
__________ __________ __________ __________
GENERAL FUND TOTAL $30,231 $30,611 OTHER SPECIAL REVENUE $477,164 $481,907
FUNDS TOTAL
Regulation and Enforcement 0159
Rehabilitation Services 0799
Initiative: Transfers one Labor & Safety Inspector po-
sition and reallocates the cost from 50% Other Special
192
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
Initiative: Provides funding for the approved reorgani- OTHER SPECIAL 2023-24 2024-25
zation of one Procurement & Contracting Specialist po- REVENUE FUNDS
sition to a Contract/Grant Specialist position and pro- Personal Services $86,055 $90,798
vides funding for related All Other costs. All Other $391,109 $391,109
__________ __________
FEDERAL EXPENDITURES 2023-24 2024-25 OTHER SPECIAL REVENUE $477,164 $481,907
FUND FUNDS TOTAL
Personal Services $3,436 $3,464
All Other $9 $9 Safety Education and Training Programs 0161
__________ __________ Initiative: BASELINE BUDGET
FEDERAL EXPENDITURES $3,445 $3,473
FUND TOTAL OTHER SPECIAL 2023-24 2024-25
REVENUE FUNDS
Rehabilitation Services 0799 POSITIONS - 17.000 17.000
Initiative: Provides funding for the proposed reorgani- LEGISLATIVE COUNT
zation of 2 Office Assistant II positions to Rehab Coun- Personal Services $1,499,656 $1,551,046
All Other $993,049 $993,049
selor I positions and transfers All Other to Personal Ser- __________ __________
vices to fund the reorganization. OTHER SPECIAL REVENUE $2,492,705 $2,544,095
FEDERAL EXPENDITURES 2023-24 2024-25 FUNDS TOTAL
FUND
Safety Education and Training Programs 0161
Personal Services $17,883 $21,243
All Other ($17,883) ($21,243) Initiative: Reallocates the cost of 4 Labor & Safety In-
__________ __________ spector positions from 92% General Fund in the Regu-
FEDERAL EXPENDITURES $0 $0 lation and Enforcement program and 8% Other Special
FUND TOTAL Revenue Funds in the Safety Education and Training
Rehabilitation Services 0799 Programs to 100% General Fund in the Regulation and
Enforcement program.
Initiative: Transfers one Office Associate II position
from the Rehabilitation Services program to the Admin- OTHER SPECIAL 2023-24 2024-25
istration - Labor program and reallocates the cost from REVENUE FUNDS
100% Federal Expenditures Fund to 100% General Personal Services ($30,231) ($30,611)
All Other ($478) ($484)
Fund. __________ __________
FEDERAL EXPENDITURES 2023-24 2024-25 OTHER SPECIAL REVENUE ($30,709) ($31,095)
FUND FUNDS TOTAL
POSITIONS - (1.000) (1.000)
LEGISLATIVE COUNT
Safety Education and Training Programs 0161
Personal Services ($62,637) ($65,996) Initiative: Transfers one Labor & Safety Inspector po-
All Other ($164) ($173) sition and reallocates the cost from 50% Other Special
__________ __________ Revenue Funds in the Safety Education and Training
FEDERAL EXPENDITURES ($62,801) ($66,169) Programs and 50% General Fund in the Regulation and
FUND TOTAL
Enforcement program to 100% General Fund in the
REHABILITATION SERVICES 0799 Regulation and Enforcement program.
PROGRAM SUMMARY OTHER SPECIAL 2023-24 2024-25
REVENUE FUNDS
GENERAL FUND 2023-24 2024-25 POSITIONS - (1.000) (1.000)
POSITIONS - 17.000 17.000 LEGISLATIVE COUNT
LEGISLATIVE COUNT Personal Services ($46,641) ($47,139)
Personal Services $1,471,368 $1,510,046 All Other ($737) ($745)
All Other $3,369,946 $3,369,946 __________ __________
__________ __________ OTHER SPECIAL REVENUE ($47,378) ($47,884)
GENERAL FUND TOTAL $4,841,314 $4,879,992 FUNDS TOTAL
FEDERAL EXPENDITURES 2023-24 2024-25 SAFETY EDUCATION AND TRAINING
FUND PROGRAMS 0161
POSITIONS - 99.000 99.000
LEGISLATIVE COUNT PROGRAM SUMMARY
Personal Services $8,535,535 $8,823,939 OTHER SPECIAL 2023-24 2024-25
All Other $9,614,834 $9,611,465 REVENUE FUNDS
__________ __________ POSITIONS - 16.000 16.000
FEDERAL EXPENDITURES $18,150,369 $18,435,404 LEGISLATIVE COUNT
FUND TOTAL Personal Services $1,422,784 $1,473,296
193
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
194
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
195
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
196
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
197
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
198
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
199
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
200
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
201
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
202
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
203
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
204
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
205
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
206
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
207
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
208
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
209
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
210
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
211
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
212
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
213
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
Background Checks - Certified Nursing Assistants Initiative: Provides funding for the approved reorgani-
0992 zation of one Office Assistant II position to an Office
Initiative: BASELINE BUDGET Associate I position and provides funding for related
All Other cost.
GENERAL FUND 2023-24 2024-25
GENERAL FUND 2023-24 2024-25
POSITIONS - 1.000 1.000
Personal Services $2,450 $2,449
LEGISLATIVE COUNT
__________ __________
Personal Services $96,422 $97,419
GENERAL FUND TOTAL $2,450 $2,449
All Other $12,091 $12,091
__________ __________ CAPITOL POLICE - BUREAU OF 0101
GENERAL FUND TOTAL $108,513 $109,510
PROGRAM SUMMARY
BACKGROUND CHECKS - CERTIFIED
NURSING ASSISTANTS 0992 GENERAL FUND 2023-24 2024-25
POSITIONS - 15.500 15.500
PROGRAM SUMMARY LEGISLATIVE COUNT
Personal Services $1,420,607 $1,443,090
GENERAL FUND 2023-24 2024-25
All Other $122,799 $122,799
POSITIONS - 1.000 1.000
__________ __________
LEGISLATIVE COUNT
GENERAL FUND TOTAL $1,543,406 $1,565,889
Personal Services $96,422 $97,419
All Other $12,091 $12,091
FEDERAL EXPENDITURES 2023-24 2024-25
__________ __________
FUND
GENERAL FUND TOTAL $108,513 $109,510
All Other $5,000 $5,000
Capitol Police - Bureau of 0101 __________ __________
FEDERAL EXPENDITURES $5,000 $5,000
Initiative: BASELINE BUDGET FUND TOTAL
GENERAL FUND 2023-24 2024-25
POSITIONS - 15.500 15.500 OTHER SPECIAL 2023-24 2024-25
LEGISLATIVE COUNT REVENUE FUNDS
Personal Services $1,408,060 $1,430,547 POSITIONS - 5.000 5.000
All Other $122,799 $122,799 LEGISLATIVE COUNT
__________ __________ Personal Services $500,275 $506,284
GENERAL FUND TOTAL $1,530,859 $1,553,346 All Other $48,754 $48,754
__________ __________
FEDERAL EXPENDITURES 2023-24 2024-25 OTHER SPECIAL REVENUE $549,029 $555,038
FUND FUNDS TOTAL
All Other $5,000 $5,000 Computer Crimes 0048
__________ __________
FEDERAL EXPENDITURES $5,000 $5,000 Initiative: BASELINE BUDGET
FUND TOTAL
GENERAL FUND 2023-24 2024-25
POSITIONS - 14.000 14.000
OTHER SPECIAL 2023-24 2024-25
LEGISLATIVE COUNT
REVENUE FUNDS
Personal Services $1,738,469 $1,785,385
POSITIONS - 5.000 5.000
All Other $532,237 $532,237
LEGISLATIVE COUNT
__________ __________
Personal Services $500,275 $506,284
GENERAL FUND TOTAL $2,270,706 $2,317,622
All Other $48,754 $48,754
__________ __________ COMPUTER CRIMES 0048
OTHER SPECIAL REVENUE $549,029 $555,038
FUNDS TOTAL PROGRAM SUMMARY
Capitol Police - Bureau of 0101 GENERAL FUND 2023-24 2024-25
POSITIONS - 14.000 14.000
Initiative: Provides funding for the approved reorgani- LEGISLATIVE COUNT
zation of one Office Associate II position to an Office Personal Services $1,738,469 $1,785,385
Specialist II position and provides funding for related All Other $532,237 $532,237
All Other costs. __________ __________
GENERAL FUND TOTAL $2,270,706 $2,317,622
GENERAL FUND 2023-24 2024-25
Personal Services $10,097 $10,094 Consolidated Emergency Communications Z021
__________ __________ Initiative: BASELINE BUDGET
GENERAL FUND TOTAL $10,097 $10,094
Capitol Police - Bureau of 0101
214
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
215
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
216
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
217
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
218
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
219
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
220
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
221
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
OTHER SPECIAL 2023-24 2024-25 Initiative: Provides funding for the approved reorgani-
REVENUE FUNDS zation of one Inventory & Property Associate II posi-
All Other $50,000 $50,000 tion to one Archivist II position.
__________ __________
OTHER SPECIAL REVENUE $50,000 $50,000 GENERAL FUND 2023-24 2024-25
FUNDS TOTAL Personal Services $4,686 $4,899
__________ __________
SACO RIVER CORRIDOR COMMISSION 0322 GENERAL FUND TOTAL $4,686 $4,899
PROGRAM SUMMARY ADMINISTRATION - ARCHIVES 0050
GENERAL FUND 2023-24 2024-25 PROGRAM SUMMARY
All Other $46,960 $46,960
__________ __________ GENERAL FUND 2023-24 2024-25
GENERAL FUND TOTAL $46,960 $46,960 POSITIONS - 15.500 15.500
LEGISLATIVE COUNT
OTHER SPECIAL 2023-24 2024-25 Personal Services $1,500,825 $1,548,693
REVENUE FUNDS All Other $731,444 $731,444
All Other $50,000 $50,000 __________ __________
__________ __________ GENERAL FUND TOTAL $2,232,269 $2,280,137
OTHER SPECIAL REVENUE $50,000 $50,000
FUNDS TOTAL FEDERAL EXPENDITURES 2023-24 2024-25
FUND
Sec. A-66. Appropriations and alloca- All Other $27,673 $27,673
tions. The following appropriations and allocations __________ __________
are made. FEDERAL EXPENDITURES $27,673 $27,673
FUND TOTAL
SECRETARY OF STATE, DEPARTMENT OF
Administration - Archives 0050 OTHER SPECIAL 2023-24 2024-25
REVENUE FUNDS
Initiative: BASELINE BUDGET All Other $33,535 $33,535
GENERAL FUND 2023-24 2024-25 __________ __________
POSITIONS - 15.500 15.500 OTHER SPECIAL REVENUE $33,535 $33,535
LEGISLATIVE COUNT FUNDS TOTAL
Personal Services $1,491,078 $1,538,735 Administration - Motor Vehicles 0077
All Other $731,444 $731,444
__________ __________ Initiative: BASELINE BUDGET
GENERAL FUND TOTAL $2,222,522 $2,270,179
FEDERAL EXPENDITURES 2023-24 2024-25
FUND
FEDERAL EXPENDITURES 2023-24 2024-25 All Other $485,423 $485,423
FUND __________ __________
All Other $27,673 $27,673 FEDERAL EXPENDITURES $485,423 $485,423
__________ __________ FUND TOTAL
FEDERAL EXPENDITURES $27,673 $27,673
FUND TOTAL
OTHER SPECIAL 2023-24 2024-25
REVENUE FUNDS
OTHER SPECIAL 2023-24 2024-25 POSITIONS - 1.000 1.000
REVENUE FUNDS LEGISLATIVE COUNT
All Other $33,535 $33,535 Personal Services $131,088 $132,735
__________ __________ All Other $208,576 $208,576
OTHER SPECIAL REVENUE $33,535 $33,535 __________ __________
FUNDS TOTAL OTHER SPECIAL REVENUE $339,664 $341,311
Administration - Archives 0050 FUNDS TOTAL
Initiative: Provides funding for the approved reorgani- ADMINISTRATION - MOTOR VEHICLES 0077
zation of one Office Associate II position to an Office PROGRAM SUMMARY
Specialist I position.
FEDERAL EXPENDITURES 2023-24 2024-25
GENERAL FUND 2023-24 2024-25 FUND
Personal Services $5,061 $5,059 All Other $485,423 $485,423
__________ __________ __________ __________
GENERAL FUND TOTAL $5,061 $5,059 FEDERAL EXPENDITURES $485,423 $485,423
Administration - Archives 0050 FUND TOTAL
222
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
223
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
224
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
225
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
226
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
Educational and General Activities - UMS 0031 All Other $19,350,000 $19,350,000
__________ __________
Initiative: Provides ongoing funding to offset in-state GENERAL FUND TOTAL $19,350,000 $19,350,000
tuition increases. This continues one-time funding pro-
vided in Public Law 2021, chapter 635. New Ventures Maine Z169
GENERAL FUND 2023-24 2024-25 Initiative: BASELINE BUDGET
All Other $7,935,354 $7,935,354 GENERAL FUND 2023-24 2024-25
__________ __________ All Other $1,171,166 $1,171,166
GENERAL FUND TOTAL $7,935,354 $7,935,354 __________ __________
EDUCATIONAL AND GENERAL ACTIVITIES - GENERAL FUND TOTAL $1,171,166 $1,171,166
UMS 0031 NEW VENTURES MAINE Z169
PROGRAM SUMMARY PROGRAM SUMMARY
GENERAL FUND 2023-24 2024-25 GENERAL FUND 2023-24 2024-25
All Other $220,005,476 $220,005,476 All Other $1,171,166 $1,171,166
__________ __________ __________ __________
GENERAL FUND TOTAL $220,005,476 $220,005,476 GENERAL FUND TOTAL $1,171,166 $1,171,166
OTHER SPECIAL 2023-24 2024-25 Tick Laboratory and Pest Management Fund Z290
REVENUE FUNDS Initiative: BASELINE BUDGET
All Other $100,000 $100,000
__________ __________ GENERAL FUND 2023-24 2024-25
OTHER SPECIAL REVENUE $100,000 $100,000 All Other $250,000 $250,000
FUNDS TOTAL __________ __________
GENERAL FUND TOTAL $250,000 $250,000
FEDERAL EXPENDITURES 2023-24 2024-25
FUND - ARP STATE FISCAL
TICK LABORATORY AND PEST
RECOVERY MANAGEMENT FUND Z290
All Other $17,701,000 $3,600,000 PROGRAM SUMMARY
__________ __________
FEDERAL EXPENDITURES $17,701,000 $3,600,000 GENERAL FUND 2023-24 2024-25
FUND - ARP STATE FISCAL All Other $250,000 $250,000
RECOVERY TOTAL __________ __________
GENERAL FUND TOTAL $250,000 $250,000
Labor and Community Education Center Z348
University of Maine Cooperative Extension Z172
Initiative: BASELINE BUDGET
Initiative: BASELINE BUDGET
GENERAL FUND 2023-24 2024-25
All Other $500,000 $500,000 OTHER SPECIAL 2023-24 2024-25
__________ __________ REVENUE FUNDS
GENERAL FUND TOTAL $500,000 $500,000 All Other $200,000 $200,000
__________ __________
LABOR AND COMMUNITY EDUCATION OTHER SPECIAL REVENUE $200,000 $200,000
CENTER Z348 FUNDS TOTAL
PROGRAM SUMMARY UNIVERSITY OF MAINE COOPERATIVE
GENERAL FUND 2023-24 2024-25 EXTENSION Z172
All Other $500,000 $500,000 PROGRAM SUMMARY
__________ __________
GENERAL FUND TOTAL $500,000 $500,000 OTHER SPECIAL 2023-24 2024-25
REVENUE FUNDS
Maine Economic Improvement Fund 0986 All Other $200,000 $200,000
Initiative: BASELINE BUDGET __________ __________
OTHER SPECIAL REVENUE $200,000 $200,000
GENERAL FUND 2023-24 2024-25 FUNDS TOTAL
All Other $19,350,000 $19,350,000
__________ __________ University of Maine Scholarship Fund Z011
GENERAL FUND TOTAL $19,350,000 $19,350,000 Initiative: BASELINE BUDGET
MAINE ECONOMIC IMPROVEMENT FUND OTHER SPECIAL 2023-24 2024-25
0986 REVENUE FUNDS
All Other $3,815,937 $3,815,937
PROGRAM SUMMARY
GENERAL FUND 2023-24 2024-25
227
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
228
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
Personal Services $2,531 $2,530 Sec. C-3. Total cost of funding public edu-
All Other $159 $159 cation from kindergarten to grade 12. The total
__________ __________ cost of funding public education from kindergarten to
OTHER SPECIAL REVENUE $2,690 $2,689 grade 12 for fiscal year 2023-24 is as follows:
FUNDS TOTAL
2023-24
Certified Seed Fund 0787 TOTAL
Initiative: Reclassifications Total Operating Allocation
229
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
MaineCare seed payments adjustments $1,334,776 Comprehensive early college programs $1,000,000
pursuant to Title 20-A, section 15689, funding (bridge year program) pursuant
subsection 14 to Title 20-A, section 15689-A,
subsection 23
Special education budgetary hardship $500,000
adjustment pursuant to Title 20-A, Community schools pursuant to Title $250,000
section 15689, subsection 15 20-A, section 15689-A, subsection 25
English learner budgetary hardship $1,000,000 Maine School for Marine Science, $0
adjustment pursuant to Title 20-A, Technology, Transportation and
section 15689, subsection 16 Engineering pursuant to Title 20-A,
section 15689-A, subsection 26
Total adjustments to the state share of the $9,286,591
total allocation pursuant to Title 20-A, Musical instruments and professional $50,000
section 15689 development in rural schools pursuant to
Title 20-A, section 15689-A, subsection
Targeted education funds pursuant to Title 28
20-A, section 15689-A
Total targeted education funds pursuant to $83,416,466
Special education costs for state agency $33,398,180 Title 20-A, section 15689-A
clients and state wards pursuant to Title
20-A, section 15689-A, subsection 1 Enhancing student performance and
opportunity pursuant to Title 20-A, section
Essential programs and services $250,000 15688-A
components contract pursuant to Title
20-A, section 15689-A, subsection 3 Career and technical education costs $66,704,126
pursuant to Title 20-A, section 15688-A,
Data management and support services $11,684,776 subsection 1
for essential programs and services
pursuant to Title 20-A, section 15689-A, College transitions programs through $450,000
subsection 10 adult education college readiness
programs pursuant to Title 20-A, section
Postsecondary course payments $5,500,000 15688-A, subsection 2
pursuant to Title 20-A, section 15689-A,
subsection 11 National industry standards for career $2,000,000
and technical education pursuant to Title
National board certification salary $0 20-A, section 15688-A, subsection 6
supplement pursuant to Title 20-A,
section 15689-A, subsection 12 Career and technical education middle $500,000
school grant program pursuant to Title
Learning through technology program $14,000,000 20-A, section 15688-A, subsection 8
pursuant to Title 20-A, section 15689-A,
subsection 12-A Career and technical education early $100,000
childhood education program expansion
Jobs for Maine's Graduates including $3,881,379 support pursuant to Title 20-A, section
college pursuant to Title 20-A, section 15688-A, subsection 10
15689-A, subsection 13
Total enhancing student performance and $69,754,126
Maine School of Science and $3,615,347 opportunity pursuant to Title 20-A, section
Mathematics pursuant to Title 20-A, 15688-A
section 15689-A, subsection 14
Total Cost of Funding Public Education from
Maine Educational Center for the Deaf $8,712,565 Kindergarten to Grade 12
and Hard of Hearing and the Governor
Baxter School for the Deaf pursuant to Total cost of funding public education from $2,480,318,598
Title 20-A, section 15689-A, subsection kindergarten to grade 12 for fiscal year
15 2023-24 pursuant to Title 20-A, chapter
606-B, not including normal retirement
Transportation administration pursuant $666,220 costs
to Title 20-A, section 15689-A,
subsection 16 Total normal cost of teacher retirement $64,953,243
230
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
Total cost of funding public education from $2,545,271,841 State contribution to the $264,776,991
kindergarten to grade 12 for fiscal year total cost of unfunded
2023-24 pursuant to Title 20-A, chapter actuarial liabilities of the
606-B, including normal retirement costs Maine Public Employees
Retirement System that are
Total cost of state contribution to unfunded $264,776,991 attributable to teachers,
actuarial liabilities of the Maine Public retired teachers' health
Employees Retirement System that are insurance and retired
attributable to teachers, retired teachers' teachers' life insurance for
health insurance and retired teachers' life fiscal year 2023-24
insurance for fiscal year 2023-24 pursuant pursuant to Title 5,
to Title 5, chapters 421 and 423, excluding chapters 421 and 423
the normal cost of teacher retirement excluding the normal cost
of teacher retirement
Total cost of funding public education from $2,810,048,832
kindergarten to grade 12, plus state State contribution to the $1,664,951,504
contributions to the unfunded actuarial total cost of funding public
liabilities of the Maine Public Employees education from
Retirement System that are attributable to kindergarten to grade 12
teachers, retired teachers' health insurance plus state contribution to
and retired teachers' life insurance for fiscal the total cost of unfunded
year 2023-24 pursuant to Title 5, chapters actuarial liabilities of the
421 and 423 Maine Public Employees
Retirement System that are
Sec. C-4. Local and state contributions to attributable to teachers,
total cost of funding public education from kin- retired teachers' health
dergarten to grade 12. The local contribution and insurance and retired
the state contribution appropriation provided for gen- teachers' life insurance
eral purpose aid for local schools for the fiscal year be- pursuant to Title 5,
ginning July 1, 2023 and ending June 30, 2024 is calcu- chapters 421 and 423
lated as follows: Sec. C-5. Authorization of payments. If the
2023-24 2023-24 State's continued obligation for any individual compo-
LOCAL STATE nent contained in those sections of this Part that set the
Local and State total cost of funding public education from kindergarten
Contributions to the Total to grade 12 and the local and state contributions for that
Cost of Funding Public purpose exceeds the level of funding provided for that
Education from component, any unexpended balances occurring in
Kindergarten to Grade 12
other programs may be applied to avoid proration of
Local and state $1,145,097,328 $1,400,174,513 payments for any individual component. Any unex-
contributions to the total pended balances from this Part may not lapse but must
cost of funding public be carried forward for the same purpose.
education from Sec. C-6. Limit of State's obligation. Those
kindergarten to grade 12
pursuant to the Maine
sections of this Part that set the total cost of funding
Revised Statutes, Title public education from kindergarten to grade 12 and the
20-A, section 15683, local and state contributions for that purpose may not
subject to statewide be construed to require the State to provide payments
distributions required by that exceed the appropriation of funds for general pur-
law pose aid for local schools for the fiscal year beginning
July 1, 2023 and ending June 30, 2024.
PART D
Sec. D-1. Attrition savings. Notwithstanding
any provision of law to the contrary, the attrition rate
for the 2024-2025 biennium is 5% for judicial branch
and executive branch departments and agencies only.
The attrition rate for subsequent biennia is 1.6%.
Sec. D-2. Calculation and transfer; attrition
savings. The State Budget Officer shall calculate the
amount of the savings in section 3 that applies against
231
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
each General Fund account for all executive branch de- PART E
partments and agencies statewide and shall transfer the
amounts by financial order upon the approval of the
Sec. E-1. Transfer of funds from unencum-
Governor. These transfers are considered adjustments
bered balance forward; Department of Agricul-
to appropriations in fiscal years 2023-24 and 2024-25. ture, Conservation and Forestry, Division of
The State Budget Officer shall submit to the Joint
Forest Protection; fiscal year 2022-23. Notwith-
standing any provision of law to the contrary, the State
Standing Committee on Appropriations and Financial
Affairs a report of the transferred amounts no later than Controller shall leave $200,000 of unencumbered bal-
ance forward remaining in the Personal Services line
October 1, 2023. category and $300,000 of unencumbered balance for-
Sec. D-3. Appropriations and alloca- ward remaining in the All Other line category in the De-
tions. The following appropriations and allocations partment of Agriculture, Conservation and Forestry, Di-
are made. vision of Forest Protection program, General Fund ac-
ADMINISTRATIVE AND FINANCIAL count at the close of fiscal year 2022-23 and shall trans-
fer all remaining money from the unencumbered bal-
SERVICES, DEPARTMENT OF ance forward in the Personal Services line category
Executive Branch Departments and Independent above $200,000 and in the All Other line category
Agencies - Statewide 0017 above $300,000 on or before August 1, 2023 to the Cap-
ital Expenditures line category in the Department of
Initiative: Reduces funding to reflect projected savings
from an increase in the attrition rate from 1.6% to 5% Agriculture, Conservation and Forestry, Division of
Forest Protection program, General Fund account to
for fiscal years 2023-24 and 2024-25. carry out the mission of the forest protection unit of the
GENERAL FUND 2023-24 2024-25 Bureau of Forestry.
Personal Services ($15,838,357) ($16,059,526)
__________ __________ PART F
GENERAL FUND TOTAL ($15,838,357) ($16,059,526) Sec. F-1. Transfer to the Department of Ag-
riculture, Conservation and Forestry, Maine
ADMINISTRATIVE AND Healthy Soils Fund. Notwithstanding any provision
FINANCIAL SERVICES,
DEPARTMENT OF
of law to the contrary, on or before June 30, 2024, the
DEPARTMENT TOTALS 2023-24 2024-25 State Controller shall transfer $3,000,000 from the un-
appropriated surplus of the General Fund to the Depart-
GENERAL FUND ($15,838,357) ($16,059,526) ment of Agriculture, Conservation and Forestry, Maine
__________ __________ Healthy Soils Fund program, Other Special Revenue
DEPARTMENT TOTAL - ($15,838,357) ($16,059,526) Funds account for the purposes of improving the health,
ALL FUNDS yield and profitability of the State's diverse agricultural
JUDICIAL DEPARTMENT soils and commodities; protecting native biological and
microbiological diversity, vitality and health and in-
Courts - Supreme, Superior and District 0063 creasing the greenhouse gas drawdown provided by the
Initiative: Reduces funding to reflect projected savings State's agricultural soils; promoting healthy soils agri-
from an increase in the attrition rate from 1.6% to 5% cultural practices based on indigenous knowledge, cur-
for fiscal years 2023-24 and 2024-25. rent understanding and emerging soil science as deter-
mined by the department; and promoting and expanding
GENERAL FUND 2023-24 2024-25 the use of healthy soils best practices among farmers
Personal Services ($1,737,645) ($1,772,515) and farmland owners in the State.
__________ __________
GENERAL FUND TOTAL ($1,737,645) ($1,772,515) PART G
Sec. G-1. Transfer to the Department of Ag-
JUDICIAL DEPARTMENT
DEPARTMENT TOTALS 2023-24 2024-25
riculture, Conservation and Forestry, Farmers
Drought Relief Grant Program Fund. Notwith-
GENERAL FUND ($1,737,645) ($1,772,515) standing any provision of law to the contrary, on or be-
__________ __________ fore June 30, 2024, the State Controller shall transfer
DEPARTMENT TOTAL - ($1,737,645) ($1,772,515) $2,000,000 from the unappropriated surplus of the Gen-
ALL FUNDS eral Fund to the Department of Agriculture, Conserva-
tion and Forestry, Farmers Drought Relief Grant Pro-
SECTION TOTALS 2023-24 2024-25 gram Fund program, Other Special Revenue Funds ac-
count for a grant program to assist farmers in the State
GENERAL FUND ($17,576,002) ($17,832,041) to overcome the adverse effects of drought conditions
__________ __________ in accordance with the Maine Revised Statutes, Title 7,
SECTION TOTAL - ALL ($17,576,002) ($17,832,041) section 220-A.
FUNDS
232
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
233
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
purposes of paying the costs associated with the plan- Sec. P-13. 32 MRSA §18323, sub-§4, as en-
ning, purchasing, financing, acquiring, constructing, acted by PL 2015, c. 429, §21, is repealed.
renovating, furnishing, equipping, improving, extend- Sec. P-14. 32 MRSA §18323, sub-§5, as en-
ing, enlarging and consolidating new and existing facil-
ities and projects relating to the judicial branch in the acted by PL 2015, c. 429, §21, is repealed.
counties of Oxford, Waldo and York, acquiring and im- Sec. P-15. 32 MRSA §18323, sub-§6, as en-
proving property relating to the judicial branch in Han- acted by PL 2015, c. 429, §21, is repealed.
cock County and 55 Lisbon Street in Lewiston, replac-
ing and upgrading ventilation systems in facilities relat-
Sec. P-16. 32 MRSA §18323, sub-§7, as en-
acted by PL 2015, c. 429, §21, is repealed.
ing to the judicial branch in Presque Isle, Lewiston,
Rockland, Skowhegan and West Bath, acquiring and Sec. P-17. 32 MRSA §18323, sub-§10 is en-
improving property adjacent to the Capital Judicial acted to read:
Center in Augusta for parking and acquiring and im-
proving property in Skowhegan for future expansion 10. Subpoena authority. In addition to the pow-
ers under Title 10, section 8003, subsection 5-A, the
and planning for other court facilities. power to issue subpoenas in accordance with the terms
PART P of Title 5, section 9060, except that the authority applies
to any stage of an investigation and is not limited to an
Sec. P-1. 10 MRSA §8001, sub-§38, ¶MM, adjudicatory proceeding.
as amended by PL 2011, c. 286, Pt. B, §1, is further
amended to read: Sec. P-18. 32 MRSA §18323, sub-§11 is en-
MM. Board of Speech, Audiology and Hearing; acted to read:
and 11. Assessment of costs. When there is a finding
of a violation, the power to assess the licensee for all or
Sec. P-2. 10 MRSA §8001, sub-§38, ¶NN, as part of the actual expenses incurred by the board or its
enacted by PL 2009, c. 344, Pt. B, §5 and affected by
Pt. E, §2, is amended to read: agents for investigations and enforcement duties per-
formed. For the purposes of this subsection, "actual ex-
NN. Maine Fuel Board.; and penses" includes, but is not limited to, travel expenses
Sec. P-3. 10 MRSA §8001, sub-§38, ¶OO is and the proportionate part of the salaries and other ex-
penses of investigators or inspectors, hourly costs of
enacted to read: hearing officers, costs associated with record retrieval
OO. Board of Dental Practice. and the costs of transcribing or reproducing the admin-
istrative record.
Sec. P-4. 10 MRSA §8001-A, sub-§3, as en-
acted by PL 1989, c. 450, §5 and amended by PL 2015, The board, as soon as feasible after a finding of a viola-
c. 429, §23, is repealed. tion, shall give the licensee notice of the assessment.
Sec. P-5. 32 MRSA §18302, sub-§18-A is en- The licensee shall pay the assessment in the time spec-
ified by the board, which may not be less than 30 days
acted to read: after notice of the assessment.
18-A. Director. "Director" means the Director of Sec. P-19. 32 MRSA §18325, sub-§1, as
the Office of Professional and Occupational Regulation
within the Department of Professional and Financial amended by PL 2021, c. 134, §§1 to 3, is further
amended to read:
Regulation.
1. Disciplinary action. The In addition to the
Sec. P-6. 32 MRSA §18302, sub-§24, as en- powers under Title 10, section 8003, subsection 5-A,
acted by PL 2015, c. 429, §21, is repealed.
the board may suspend, revoke, or refuse to issue or re-
Sec. P-7. 32 MRSA §18304, sub-§4, as en- new a license pursuant to Title 5, section 10004. The
acted by PL 2015, c. 429, §21, is repealed. following are grounds for an action to refuse to issue,
Sec. P-8. 32 MRSA §18321, sub-§2, as en- modify, suspend, revoke or refuse to renew the license
of a person licensed under this chapter:
acted by PL 2015, c. 429, §21, is repealed.
A. The practice of fraud, deceit or misrepresenta-
Sec. P-9. 32 MRSA §18322, sub-§3, as en- tion in obtaining a license or authority from the
acted by PL 2015, c. 429, §21, is repealed.
board or in connection with services within the
Sec. P-10. 32 MRSA §18323, sub-§1, as en- scope of the license or authority;
acted by PL 2015, c. 429, §21, is repealed.
B. Misuse of alcohol, drugs or other substances
Sec. P-11. 32 MRSA §18323, sub-§2, as en- that has resulted or may result in the licensee per-
acted by PL 2015, c. 429, §21, is repealed. forming services in a manner that endangers the
health or safety of patients;
Sec. P-12. 32 MRSA §18323, sub-§3, as
amended by PL 2019, c. 92, §1, is repealed.
234
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 17
235
PUBLIC LAW, C. 17 FIRST REGULAR SESSION - 2023
Notwithstanding any provision of law to the con- by the Board of Dental Practice as a licensure program
trary, the board may issue a temporary license for a pe- within the Office of Professional and Occupational
riod of 6 months and waive all licensing requirements, Regulation.
except for fees, to any applicant upon a showing that the
applicant holds a valid license in that profession issued 3. Except to the extent that they conflict with the
language of this Part, all procedures and policies
by another state. adopted by the Board of Dental Practice as an affiliated
Sec. P-27. 32 MRSA §18349, sub-§2, as en- board become, on the effective date of this Part, proce-
acted by PL 2015, c. 429, §21, is amended to read: dures and policies adopted by the Board of Dental Prac-
tice as a licensure program within the Office of Profes-
2. Late renewals. Licenses may be renewed up to
90 days after the date of expiration if the applicant sional and Occupational Regulation.
meets the requirements of subsection 1 and pays a late 4. All contracts and agreements in effect immedi-
fee established by rule adopted by the board pursuant to ately prior to the effective date of this Part with regard
section 18323, subsection 3 director. to the Board of Dental Practice as an affiliated board
Sec. P-28. 32 MRSA §18349, sub-§3, as en- become, on the effective date of this Part, contracts and
agreements of the Board of Dental Practice as a licen-
acted by PL 2015, c. 429, §21, is amended to read: sure program within the Office of Professional and Oc-
3. Reinstatement. A person who submits an ap- cupational Regulation.
plication for reinstatement more than 90 days after the
license expiration date is subject to all requirements 5. Any positions authorized and allocated subject
to the personnel laws to the Board of Dental Practice as
governing new applicants under this chapter, except an affiliated board become, on the effective date of this
that the board may, giving due consideration to the pro-
tection of the public, waive examination if that renewal Part, positions authorized and allocated by the Board of
Dental Practice as a licensure program within the Office
application is received, together with the penalty fee es- of Professional and Occupational Regulation.
tablished by rule adopted by the board pursuant to sec-
tion 18323, subsection 3 director, within 2 years from 6. All records, property and equipment previously
the date of the license expiration. belonging to or allocated for the use of the Board of
Dental Practice as an affiliated board become, on the
Sec. P-29. 32 MRSA §18351, first ¶, as en- effective date of this Part, the property of the Board of
acted by PL 2015, c. 429, §21, is amended to read:
Dental Practice as a licensure program within the Office
A licensee who wants to retain licensure while not of Professional and Occupational Regulation.
practicing may apply for an inactive status license. The
7. All forms, licenses, letterheads and similar items
fee for inactive status licensure is set under section bearing the name of the Board of Dental Practice as an
18323, subsection 3. During inactive status, the licen-
see must renew the license and pay the renewal fee set affiliated board may be used until existing supplies of
those items are exhausted.
under section 18323, subsection 3 by rule adopted by
the director, but is not required to meet the continuing PART Q
education requirements under section 18350. The
board shall adopt rules by which an inactive status li-
Sec. Q-1. Transfer of interest earnings to
cense may be reinstated.
TransCap Trust Fund. Notwithstanding any provi-
sion of law to the contrary, on or before June 30, 2024,
Sec. P-30. 32 MRSA §18352, as enacted by PL the State Controller shall transfer $9,186,703 from the
2015, c. 429, §21, is repealed. interest earnings on the Federal Expenditures Fund -
Sec. P-31. Transition provisions. The follow- ARP State Fiscal Recovery Fund and the Federal Ex-
penditures - ARP Fund to the TransCap Trust Fund es-
ing transition provisions apply to the Board of Dental tablished in the Maine Revised Statutes, Title 30-A,
Practice and the Department of Professional and Finan-
cial Regulation, Office of Professional and Occupa- section 6006-G to pay toward the remaining debt ser-
vice of the series 2015A and series 2021A bonds.
tional Regulation.
1. All licenses, permits and registrations issued by
Sec. Q-2. Transfer from General Fund to
the Board of Dental Practice as an affiliated board that
TransCap Trust Fund. Notwithstanding any provi-
are in effect become, on the effective date of this Part, sion of law to the contrary, on or before June 30, 2024,
the State Controller shall transfer $21,707,990 from the
licenses, permits and registrations issued by the Board unappropriated surplus of the General Fund to the
of Dental Practice as a licensure program within the Of-
fice of Professional and Occupational Regulation. TransCap Trust Fund established in the Maine Revised
Statutes, Title 30-A, section 6006-G to pay toward the
2. Except to the extent that they conflict with the remaining debt service of the series 2015A and series
language of this Part, all rules adopted by the Board of 2021A bonds.
Dental Practice as an affiliated board that are in effect
become, on the effective date of this Part, rules adopted Sec. Q-3. Transfer from Liquor Operation
Revenue Fund; Maine Municipal Bond Bank.
236
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 18
Notwithstanding any provision of law to the contrary, $9,279,076 from the unappropriated surplus of the Gen-
at the close of fiscal year 2022-23, and in addition to eral Fund to the Maine Commission on Indigent Legal
any amount authorized to be transferred in fiscal year Services program, Other Special Revenue Funds ac-
2023-24 following the bond retirement, the Maine Mu- count.
nicipal Bond Bank shall transfer $14,910,476 from the
Liquor Operation Revenue Fund established in the
Sec. T-2. Transfer from General Fund un-
Maine Revised Statutes, Title 30-A, section 6054 to the
appropriated surplus; Maine Commission on
unappropriated surplus of the General Fund. The State Indigent Legal Services. Notwithstanding any pro-
vision of law to the contrary, on or before June 30,
Controller shall transfer those funds to the TransCap 2024, the State Controller shall transfer $12,506,910
Trust Fund established in Title 30-A, section 6006-G to
the unappropriated surplus of the General Fund. from the unappropriated surplus of the General Fund to
the Maine Commission on Indigent Legal Services pro-
PART R gram, Other Special Revenue Funds account. Notwith-
Sec. R-1. 39-A MRSA §154, sub-§6, ¶A, as standing any provision of law to the contrary, on or be-
fore June 30, 2025, the State Controller shall transfer
amended by PL 2015, c. 469, §1, is further amended to $12,506,910 from the unappropriated surplus of the
read:
General Fund to the Maine Commission on Indigent Le-
A. The assessments levied under this section may gal Services program, Other Special Revenue Funds ac-
not be designed to produce more than $10,000,000 count.
beginning in the 2008-09 fiscal year, more than See title page for effective date.
$10,400,000 beginning in the 2009-10 fiscal year,
more than $10,800,000 beginning in the 2010-11
fiscal year, more than $11,200,000 beginning in the CHAPTER 18
2011-12 fiscal year or more than $13,000,000 be-
ginning in the 2017-18 fiscal year $14,700,000 be- H.P. 183 - L.D. 285
ginning in the 2023-24 fiscal year. Assessments
collected that exceed the applicable limit by a mar- An Act to Remove the
gin of more than 10% must be used to reduce the Requirement for Wild
assessment that is paid by insured employers pur- Blueberry Transportation
suant to subsection 3. Any amount collected above Permits
the board's allocated budget and within the 10%
margin must be used to create a reserve of up to 1/4 Emergency preamble. Whereas, acts and re-
of the board's annual budget. solves of the Legislature do not become effective until
90 days after adjournment unless enacted as emergen-
PART S cies; and
Sec. S-1. Designation as unclaimed prop- Whereas, the Wild Blueberry Commission of
erty. Notwithstanding any provision of law to the con- Maine, representing the State's wild blueberry industry,
trary, for purposes of the COVID Disaster Relief Pay- has determined that theft of wild blueberries from fields
ment Program under Public Law 2021, chapter 398, is no longer a significant concern because of the food
Part HHHH, relief payment checks that remain unde- traceability requirements imposed by the federal Food
posited on January 1, 2023 are to be treated as un- and Drug Administration's Food Safety Modernization
claimed property, not subject to the notice and receipt Act; and
provisions established in the Maine Revised Statutes,
Title 33, section 2101 as applied to those checks. The Whereas, removing the permits currently re-
Treasurer of State shall use the unclaimed property sys- quired for transporting wild blueberries would reduce
tems to find the proper recipients of those checks as the paperwork burden on farmers and businesses that
quickly as possible. transport wild blueberries in the State for the upcoming
growing season; and
PART T
Whereas, in the judgment of the Legislature,
Sec. T-1. Transfer from General Fund un- these facts create an emergency within the meaning of
appropriated surplus; Maine Commission on the Constitution of Maine and require the following leg-
Indigent Legal Services. Notwithstanding any pro- islation as immediately necessary for the preservation
vision of law to the contrary, on or before June 30, of the public peace, health and safety; now, therefore,
2024, the State Controller shall transfer $9,246,702
from the unappropriated surplus of the General Fund to Be it enacted by the People of the State of Maine
the Maine Commission on Indigent Legal Services pro- as follows:
gram, Other Special Revenue Funds account. Notwith- Sec. 1. 36 MRSA §4302, sub-§5, as amended
standing any provision of law to the contrary, on or be- by PL 1997, c. 511, §9, is repealed.
fore June 30, 2025, the State Controller shall transfer
237
PUBLIC LAW, C. 19 FIRST REGULAR SESSION - 2023
Sec. 2. 36 MRSA §4314, as amended by PL $5,000 for a first-time violation and punishable by a
2007, c. 694, §§6 to 8, is further amended by amending fine of not more than $10,000 when the person is found
the section headnote to read: to have committed a prior civil violation of this section
within the prior 5 years.
§4314. Permit Permission required
Sec. 3. 36 MRSA §4315, sub-§1, as amended Emergency clause. In view of the emergency
cited in the preamble, this legislation takes effect when
by PL 2007, c. 694, §9, is repealed.
approved.
Sec. 4. 36 MRSA §4315, sub-§1-A, as Effective April 3, 2023.
amended by PL 2007, c. 694, §9, is repealed.
Sec. 5. 36 MRSA §4315, sub-§2, as enacted
by PL 1989, c. 214, §2, is repealed. CHAPTER 19
Sec. 6. 36 MRSA §4315, sub-§3, ¶A, as S.P. 23 - L.D. 31
amended by PL 2007, c. 694, §9, is further amended to
read: An Act to Allow the
Commissioner of
A. Except as provided in subsection 4, a A person
who transports wild blueberries in violation of this
Transportation to Reduce
section commits: Speed Limits at Construction
Sites with Input from
(1) A Class E crime; or Municipalities and Utilities
(2) A Class D crime if the person has 2 or Be it enacted by the People of the State of Maine
more prior convictions under this paragraph. as follows:
A violation under this paragraph is a strict liability Sec. 1. 29-A MRSA §2073, sub-§1, as
crime as defined in Title 17‑A, section 34, subsec- amended by PL 2013, c. 107, §1, is further amended to
tion 4‑A. read:
Sec. 7. 36 MRSA §4315, sub-§3, ¶B, as 1. Authority to regulate. Except as provided in
amended by PL 2007, c. 694, §9, is repealed. section 2075, subsection subsections 2 and 2-A and not-
Sec. 8. 36 MRSA §4315, sub-§4, as amended withstanding section 2074, subsection 1, the Commis-
by PL 2007, c. 694, §9, is repealed. sioner of Transportation, with the approval of the Chief
of the State Police, may:
Sec. 9. 36 MRSA §4316, sub-§1, as amended
by PL 2019, c. 222, §4 and affected by §7, is further A. Restrict the maximum rate of speed on a public
amended to read: way where a speed limit will minimize the danger
of accident, promote the free flow of traffic, con-
1. Record keeping required. A shipper or pro- serve motor fuel or respond to changes in federal
cessor who transports or receives wild blueberries shall laws;
keep a permanent record of each lot or load of wild
blueberries. The record must include the name of the B. Increase the maximum rate of speed on a public
driver of the vehicle used to deliver the wild blueber- way where higher speeds are warranted to promote
ries, the date of delivery, the delivery point, a copy of the normal and reasonable movement of traffic; or
the transportation permit, the driver's license number, C. Make an adjustment of maximum rates of
the total pounds of wild blueberries delivered, the origin speed. An adjustment under this paragraph is ex-
of the delivery and, if the origin is a location in the empt from the provisions of the Maine Administra-
State, the name and address of the grower or seller and tive Procedure Act.
the grower's or seller's certificate number if the grower
or seller is certified under section 4305. The commissioner may not set maximums that ex-
ceed 60 miles per hour or, on the interstate system
Sec. 10. 36 MRSA §4316, sub-§2, as amended or other divided controlled-access highways, 75
by PL 2007, c. 694, §10, is repealed. miles per hour.
Sec. 11. 36 MRSA §4316, sub-§3, as amended The commissioner may not set maximums for the
by PL 2007, c. 694, §10, is further amended to read: Maine Turnpike.
3. Violation; civil. The failure to keep the perma- Sec. 2. 29-A MRSA §2075, sub-§2-A is en-
nent records of wild blueberries transported or received acted to read:
as required in this section, failure to inspect the trans-
portation permit of a driver of a vehicle used to deliver 2-A. Public ways under construction; municipal
wild blueberries or any other violation of this section is and utility construction activities. The Commissioner
a civil violation punishable by a fine of not more than of Transportation may implement the guidance of a mu-
nicipality or utility engaging in a construction project
238
FIRST REGULAR SESSION - 2023 PUBLIC LAW, C. 20
on a public way to temporarily reduce the posted speed corporations, are not eligible to participate in the group
limit of the section of the public way where the munic- health plan under this section.
ipal or utility construction project is located when con- See title page for effective date.
struction workers are present. The commissioner shall
adopt rules to implement this subsection, including
rules that at a minimum establish the criteria that must
be met before the commissioner may reduce a posted
speed limit. Rules adopted pursuant to this subsection
are routine technical rules as defined in Title 5, chapter
375, subchapter 2-A.
See title page for effective date.
CHAPTER 20
S.P. 169 - L.D. 362
An Act to Clarify Coverage for
Retired County and Municipal
Law Enforcement Officers and
Municipal Firefighters Under
the State Employer Group
Health Plan
Be it enacted by the People of the State of Maine
as follows:
Sec. 1. 5 MRSA §285, sub-§1, ¶K, as
amended by PL 2019, c. 424, §2, is further amended to
read:
K. Any employee of a school administrative unit
as defined in Title 20‑A, section 1, subsection 26
or of an educational advisory organization as de-
scribed in Title 30‑A, section 5724, subsection 9;
and
Sec. 2. 5 MRSA §285, sub-§1, ¶L, as enacted
by PL 2019, c. 424, §3, is amended to read:
L. Any employee of an academy approved for tui-
tion purposes in accordance with Title 20‑A, sec-
tions 2951 to 2955.; and
Sec. 3. 5 MRSA §285, sub-§1, ¶M is enacted
to read:
M. A retired county or municipal law enforcement
officer or retired municipal firefighter who meets
the requirements for coverage under subsection
11-A.
Sec. 4. 5 MRSA §285, sub-§1-B, as amended
by PL 2019, c. 424, §4, is further amended to read:
1-B. Ineligibility. Except as provided in subsec-
tion 1, paragraphs K and, L and M and subsection 11‑A,
members of the Maine Municipal Association and ac-
tive employees of counties and municipalities and in-
strumentalities thereof, including quasi-municipal
239
PRIVATE AND SPECIAL LAWS OF THE STATE OF MAINE
AS PASSED AT
THE FIRST REGULAR SESSION OF THE
ONE HUNDRED AND THIRTY-FIRST LEGISLATURE
2023
CHAPTER 1
S.P. 58 - L.D. 119
An Act to Clarify the Boundary
Between Waldo and Knox
Counties in Penobscot Bay
Be it enacted by the People of the State of Maine
as follows:
Sec. 1. Boundary line. Notwithstanding any
provision of law to the contrary, a portion of the bound-
ary line between Waldo County and Knox County in
Penobscot Bay is as described:
1. Beginning at a point located at N 44º 12' 36" and
W 68º 53' 48" in a southwesterly direction to N 44º 10'
and W 68º 55';
2. Beginning at a point located at N 44º 10' and W
68º 55' in a westerly direction to N 44º 10' and W 69º
0'; and
3. Beginning at a point located at N 44º 10' and W
69º 0' in a northwesterly direction to a point located at
N 44º 14' 57" and W 69º 1' 41".
See title page for effective date.
241
RESOLVES OF THE STATE OF MAINE
AS PASSED AT
THE FIRST REGULAR SESSION OF THE
ONE HUNDRED AND THIRTY-FIRST LEGISLATURE
2023
CHAPTER 1 CHAPTER 4
S.P. 219 - L.D. 502 S.P. 36 - L.D. 44
Resolve, Designating the Desert Resolve, to Rename the Bridge
of Maine Overpass the Between Bingham and
Matthew MacMillan Overpass Concord Township on Route
Sec. 1. Overpass in Freeport renamed. Re- 16 the Jason Dore Memorial
solved: That the Department of Transportation shall Bridge
designate Bridge 5741 on Desert Road in the Town of Sec. 1. Bridge in Bingham and Concord
Freeport, which is currently known as the Desert of Township renamed. Resolved: That the Depart-
Maine Overpass, the Matthew MacMillan Overpass. ment of Transportation shall designate Bridge 3236 on
See title page for effective date. Route 16, which crosses the Kennebec River between
the Town of Bingham and Concord Township and is
currently known as the Kennebec River Bridge, the Ja-
CHAPTER 2 son Dore Memorial Bridge.
S.P. 152 - L.D. 331 See title page for effective date.
243
CONSTITUTIONAL RESOLUTIONS OF THE STATE OF MAINE
AS PASSED AT
THE FIRST REGULAR SESSION OF THE
ONE HUNDRED AND THIRTY-FIRST LEGISLATURE
2023
(There were none.)
245
PUBLIC LAWS OF THE STATE OF MAINE
AS PASSED AT
THE FIRST SPECIAL SESSION OF THE
ONE HUNDRED AND THIRTY-FIRST LEGISLATURE
2023
247
PUBLIC LAW, C. 23 FIRST SPECIAL SESSION - 2023
248
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 28
The State Archivist serves as a nonvoting member. 4. Program to monitor municipal abandoned
property. A municipality that certifies abandoned
See title page for effective date. property under this section shall submit the address and
parcel data for the abandoned property to the Maine
CHAPTER 25 State Housing Redevelopment Land Bank Authority
under Title 30-A, chapter 204 for use in determining op-
H.P. 83 - L.D. 137 portunities for redevelopment, programs supporting
first-time home buyers and similar programs and data
An Act to Amend the Maine analysis.
Parentage Act Regarding
See title page for effective date.
Joinder of Parties
Be it enacted by the People of the State of Maine
as follows: CHAPTER 27
Sec. 1. 19-A MRSA §1836, as enacted by PL H.P. 357 - L.D. 552
2015, c. 296, Pt. A, §1 and affected by Pt. D, §1, is
amended to read: An Act Regarding the
Definition of "Reportable
§1836. Parties to proceeding Accident"
In addition to a child whose parentage is to be ad-
judicated a proceeding to adjudicate the parentage of a Be it enacted by the People of the State of Maine
child, all parents of the child must be joined as parties
as follows:
in a proceeding to adjudicate parentage. Sec. 1. 29-A MRSA §2251, sub-§1, as
amended by PL 2007, c. 348, §23, is further amended
Sec. 2. 19-A MRSA §1844, sub-§2, as enacted to read:
by PL 2015, c. 296, Pt. A, §1 and affected by Pt. D, §1,
is amended to read: 1. Definition. As used in this section, "reportable
accident" means an accident on a public way or a place
2. Adjudication in divorce, annulment or legal where public traffic may reasonably be anticipated, re-
separation proceeding to dissolve marriage or pro-
ceeding to establish parental rights. In a proceeding sulting in bodily injury or death to a person or apparent
property damage of $1,000 $2,000 or more. Apparent
for divorce, for legal separation, to dissolve annul a property damage under this subsection must be based
marriage or to establish parental rights and responsibil-
ities, the court is deemed to have made an adjudication upon the market value of the necessary repairs and may
not be limited to the current value of the vehicle or prop-
of the parentage of a child if the court acts under cir- erty.
cumstances that satisfy the jurisdictional requirements
of section 2961 and the final order: See title page for effective date.
A. Expressly identifies a child as a "child of the
marriage parties" or "issue of the marriage" or by CHAPTER 28
similar words indicates that the parties are the par-
ents of the child; or S.P. 19 - L.D. 27
B. Provides for support of the child by the parent An Act to Align Maine's Lead
or parents. Abatement Law with Federal
See title page for effective date. Definitions and to Clarify Lead
Abatement Licensing and
CHAPTER 26 Certification Requirements
H.P. 90 - L.D. 144 Be it enacted by the People of the State of Maine
as follows:
An Act Regarding the Sec. 1. 38 MRSA §1291, sub-§26-A, as en-
Monitoring of Municipal acted by PL 2007, c. 628, Pt. B, §3, is amended to read:
Abandoned Property 26-A. Residential dwelling. "Residential dwell-
Be it enacted by the People of the State of Maine ing" means a room or group of rooms that form a single
as follows: independent habitable unit for permanent occupation by
one or more individuals that has facilities with perma-
Sec. 1. 36 MRSA §946-C, sub-§4, as enacted nent provisions for living, sleeping, eating, cooking and
by PL 2021, c. 127, §2, is amended to read: sanitation, including common areas and appurtenant
structures. "Residential dwelling" does not include:
249
PUBLIC LAW, C. 29 FIRST SPECIAL SESSION - 2023
A. An area not used for living, sleeping, eating, Sec. 1. 22 MRSA §3762, sub-§3, ¶B, as cor-
cooking or sanitation, such as an unfinished base- rected by RR 2021, c. 2, Pt. B, §176, is amended by re-
ment, that is not readily accessible to children un- pealing subparagraph (7-D), division (a) and enacting
der 6 years of age; the following in its place:
B. A zero-bedroom dwelling unit where the living (a) One hundred percent of:
area is not separated from the sleeping area, such
as a dwelling unit within a hotel, motel or seasonal (i) All earned income received for
the first 3 months of employment that
or temporary lodging facility unless the unit is oc- began while participating in TANF;
cupied by one or more children under 6 years of age
for a period exceeding 30 days. This exemption or
does not apply if a child under 6 years of age re- (ii) The first 3 months of any increase
sides or is expected to reside in the dwelling unit or in earned income received while par-
visit the dwelling unit on a regular basis; ticipating in TANF.
C. An area that is secured and inaccessible to oc- Any month in which the disregard under
cupants; this division does not increase the recipi-
ent's benefit above that which the benefit
D. Housing for the elderly, or a dwelling unit des- would be if the disregard in division (c) is
ignated exclusively for adults with disabilities.
This exemption does not apply if a child under 6 applied does not count as a month in
which earned income is disregarded under
years of age resides or is expected to reside in the this division;
dwelling unit or visit the dwelling unit on a regular
basis; or Sec. 2. 22 MRSA §3762, sub-§3, ¶B, as cor-
E. An unoccupied dwelling unit that is to be de- rected by RR 2021, c. 2, Pt. B, §176, is amended by re-
pealing subparagraph (7-D), division (b) and enacting
molished because it is considered unsafe and is thus the following in its place:
no longer habitable for occupation, as long as the
dwelling unit remains unoccupied and posted as a (b) Seventy-five percent of:
lead hazard until demolition. (i) All earned income received for
Sec. 2. 38 MRSA §1292, sub-§5, as amended the 4th to 6th months of employment
by PL 1997, c. 624, §14 and PL 2003, c. 689, Pt. B, §6, that began while participating in
is further amended to read: TANF; or
5. Exemption. A person who is 18 years of age or (ii) The 4th to 6th months of any in-
older need not obtain licensing and certification to per- crease in earned income received
form lead abatement activities within a residential while participating in TANF.
dwelling unit that the person owns and personally occu-
Any month in which the disregard under
pies, as long as a child residing in the dwelling unit has this division does not increase the recipi-
not been identified as lead-poisoned. A person 18 years
of age or older who owns and personally occupies a ent's benefit above that which the benefit
would be if the disregard in division (c) is
dwelling unit in which a resident child has been identi- applied does not count as a month in
fied as lead-poisoned need not obtain licensing and cer-
tification to perform abatement activities within that which earned income is disregarded under
this division;
dwelling unit, as long as the person completes any train-
ing required by the Department of Health and Human See title page for effective date.
Services.
See title page for effective date. CHAPTER 30
S.P. 53 - L.D. 114
CHAPTER 29
H.P. 50 - L.D. 80 An Act to Make Technical
Amendments to Banking Laws
An Act to Improve Family Be it enacted by the People of the State of Maine
Economic Security Under the as follows:
Temporary Assistance for Sec. 1. 9-B MRSA §214, sub-§2, ¶A, as
Needy Families Program amended by PL 2003, c. 322, §6, is further amended to
Be it enacted by the People of the State of Maine read:
as follows:
250
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 30
A. To provide for the balance of the reasonable ex- condition report or condition report for its most recently
penses incurred to fulfill the bureau's duty pursuant completed fiscal year, a nondepository trust company
to this Title, including general regulatory costs, limited purpose bank shall make available a report of its
overhead, transportation and general office and ad- fiduciary assets and income. Every federally insured fi-
ministrative expenses, except as otherwise pro- nancial institution shall post a notice in its main office
vided in this paragraph, the superintendent shall as- that the financial institution's latest condition and in-
sess each financial institution under the superinten- come reports are available to the public upon request.
dent's supervision at the annual rate of at least 6¢
for each $1,000 of the total of average assets, as Sec. 4. 9-B MRSA §252, sub-§2, ¶C, as re-
pealed and replaced by PL 1977, c. 694, §159, is
defined by the superintendent. The frequency of amended to read:
assessment may coincide with the frequency of fil-
ing periodic financial reports with the bureau but C. The superintendent may suspend or postpone
may not be more frequent than quarterly. The su- action on an application after the first publication
perintendent may raise the minimum assessment of notice pursuant to paragraph B, upon written re-
rate of 6¢ for each $1,000 of the total of average quest of the applicant or on his the superintendent's
assets by promulgating adopting rules pursuant to own initiative for good cause shown. Good cause
section 251 at such time as economic conditions includes a judgment by the superintendent that the
warrant such an increase. In Except as otherwise bureau lacks the present capacity to adequately en-
provided in this paragraph, in no event may the as- sure the safety and soundness of the proposed insti-
sessment be less than $25. The superintendent may tution or activity. The superintendent shall
lower or suspend by rule or order any assessment promptly provide notice of any suspension or post-
specified in this paragraph or established by rule ponement in the same manner and in the same pub-
pursuant to this paragraph. Rules adopted pursuant lications in which the original notice of application
to this paragraph are routine technical rules as de- was provided. If and when action is resumed on the
fined in Title 5, chapter 375, subchapter 2-A. application, the superintendent shall again provide
notice in the same manner and in the same publica-
Sec. 2. 9-B MRSA §214, sub-§2-B, as tions in which the preceding notices were provided.
amended by PL 2003, c. 322, §7, is further amended to
read: Sec. 5. 9-B MRSA §367-A, sub-§6, as enacted
2-B. Assessment on nondepository trust compa- by PL 2005, c. 83, §10, is amended to read:
nies. Nondepository Except as otherwise provided in 6. Mergers. The conservator or receiver, with the
this subsection, nondepository trust companies that are approval of the superintendent, may order the merger or
not affiliated with a financial institution shall pay an as- consolidation of any financial institution that is de-
sessment at the annual rate of not less than $2,000 or an scribed in section 363‑A or 365 with any other financial
amount determined by the superintendent of at least 6¢ institution, state-chartered or federally chartered, with
for every $10,000 of fiduciary assets under its manage- the consent of the other financial institution and may
ment, custody or care. The superintendent may further prescribe the mode or procedure for the merger or con-
define by rule fiduciary assets under management, cus- solidation and the terms and conditions of the merger or
tody or care or change the minimum assessment when- consolidation. Unless limited by the conservator or re-
ever economic conditions warrant such a change. The ceiver, the effect of the merger on various property in-
superintendent may lower or suspend by rule or order terests and fiduciary designations of the resulting insti-
any assessment specified in this subsection or estab- tution is the same as described for mergers subject to
lished by rule pursuant to this subsection. Rules section 357, subsection 1.
adopted pursuant to this subsection are routine technical
rules as defined in Title 5, chapter 375, subchapter 2‑A. Sec. 6. 9-B MRSA §367-A, sub-§7 is enacted
to read:
These assessments must be paid in accordance with
subsection 2, paragraph B. 7. Fiduciary accounts. A conservator or receiver
may terminate fiduciary positions of the financial insti-
Sec. 3. 9-B MRSA §223, sub-§2, as amended tution, surrender property held by the financial institu-
by PL 2009, c. 228, §3, is further amended to read:
tion as a fiduciary and settle fiduciary accounts. The
2. Reports posted in offices. Every financial in- conservator or receiver may release fiduciary property
stitution limited purpose bank shall make available in to one or more successor fiduciaries, and may sell one
all of its offices at least 10 days, but not more than 30 or more fiduciary accounts to one or more successor fi-
days, prior to the annual meeting of its stockholders, duciaries. Upon a sale or transfer of a financial institu-
corporators or, members or other holders of equity in- tion's fiduciary property or a fiduciary account by a con-
terests, its latest condition report or a condition report servator or receiver, the successor fiduciary is automat-
for its most recently completed fiscal year, and a report ically substituted without further action and without any
of income for the institution's most recently completed order of any court. The conservator or receiver shall
fiscal year. In addition to making available its latest provide notice of the substitution, as far as practicable,
251
PUBLIC LAW, C. 31 FIRST SPECIAL SESSION - 2023
to each person to whom the financial institution pro- A standing order must identify the eligible popula-
vides periodic reports of fiduciary activity. The notice tion as described in this section and may include other
must include the name of the financial institution, the criteria such as age limitations or pharmacist instruc-
name of the successor fiduciary and the effective date tions. The standing order remains in effect for one year,
of the substitution. The successor fiduciary has all of at which time the order may be renewed. The standing
the rights, powers, duties and obligations of the trans- order must be signed by a physician licensed in this
ferring financial institution and is deemed to be named, State employed by or contracted with the department or
nominated or appointed as fiduciary in any will, trust, the office of MaineCare services within the department
court order or similar written document or instrument or by a licensed, MaineCare-enrolled prescriber and a
that names, nominates or appoints the transferring fi- department official.
nancial institution as fiduciary, whether executed before
or after the substitution. The successor fiduciary has no See title page for effective date.
obligations or liabilities under this chapter for any acts,
actions, inactions or events occurring prior to the effec- CHAPTER 32
tive date of the substitution.
H.P. 264 - L.D. 431
Sec. 7. 9-B MRSA §1231, as enacted by PL
1997, c. 398, Pt. J, §2, is amended to read: An Act to Amend the Law
§1231. General authority and purpose Regarding Foreign Subpoenas
A financial institution engaged in the business of Be it enacted by the People of the State of Maine
banking that does not accept retail deposits and for as follows:
which insurance of deposits by the FDIC is not required Sec. 1. 14 MRSA §403, sub-§3, as enacted by
may be organized pursuant to chapter 31. Unless oth- PL 2019, c. 109, §1, is amended to read:
erwise indicated in this chapter, an uninsured bank has
all the powers, rights, duties and obligations as a finan- 3. Requirements. A foreign subpoena submitted
cial institution under this Title. An uninsured bank is issued under subsection 2 must:
not a nondepository trust company or a merchant bank. A. Incorporate the terms used in the foreign sub-
See title page for effective date. poena; and
B. Contain or be accompanied by the names, ad-
CHAPTER 31 dresses and telephone numbers of all counsel of
record in the proceeding to which the subpoena re-
H.P. 180 - L.D. 282 lates and of any party not represented by counsel.
An Act to Allow the See title page for effective date.
Department of Health and
Human Services to Authorize CHAPTER 33
Standing Orders
S.P. 240 - L.D. 569
Be it enacted by the People of the State of Maine
as follows: An Act to Allow the Adjutant
Sec. 1. 22 MRSA §3173-K is enacted to read: General to Sell the Houlton
Armory
§3173-K. Standing orders
Be it enacted by the People of the State of Maine
To promote public health and the health of as follows:
MaineCare members, the department may authorize
standing orders for the dispensing of vaccines as de- Sec. 1. 37-B MRSA §264, sub-§3, ¶R, as
scribed in Title 32, section 13831 and nonprescription amended by PL 2019, c. 341, §12, is further amended
drugs as defined in Title 32, section 13702-A, subsec- to read:
tion 20 that support access to preventive care and med- R. The Belfast Armory, located on U.S. Route 1,
ically necessary services for Medicaid recipients as de- Belfast, by means of a quitclaim deed as long as the
fined in section 3172, subsection 3; participants in the purchaser agrees to indemnify and hold harmless
state-funded medical program for noncitizens under the State from all claims, including any environ-
section 3174-FFF; elderly low-cost drug program enrol- mental clean-up costs that may arise in connection
lees as defined in section 254-D, subsection 1, para- with the land or the buildings constituting the ar-
graph B; qualified residents as defined in section 2681, mory; and
subsection 2, paragraph F; and persons receiving bene-
fits under the Cub Care program under section 3174-T. Sec. 2. 37-B MRSA §264, sub-§3, ¶S, as en-
acted by PL 2019, c. 341, §13, is amended to read:
252
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 34
S. The South Portland Air National Guard Station, Whereas, with a statutory repeal date for these
located on Western Avenue, South Portland, by laws, Maine restaurants, bars, tasting rooms, distilleries
means of a quitclaim deed as long as the purchaser and small distilleries face economic uncertainty and in-
agrees to indemnify and hold harmless the State hibited innovation; and
from all claims, including any environmental
clean‑up costs that may arise in connection with the Whereas, with the busy summer season quickly
approaching, there is a need to make a technical correc-
land or the buildings constituting the station.; and tion to a statutory cross-reference within the definition
Sec. 3. 37-B MRSA §264, sub-§3, ¶T is en- of "food order" in the requirement for providing liquor
acted to read: to customers through take-out and delivery service; and
T. The Houlton Armory, located at 86 Pleasant Whereas, in the judgment of the Legislature,
Street, Houlton, by means of a quitclaim deed as these facts create an emergency within the meaning of
long as the purchaser agrees to indemnify and hold the Constitution of Maine and require the following leg-
harmless the State from all claims, including any islation as immediately necessary for the preservation
environmental clean-up costs that may arise in con- of the public peace, health and safety; now, therefore,
nection with the land or the buildings constituting Be it enacted by the People of the State of Maine
the armory.
as follows:
See title page for effective date.
Sec. 1. 28-A MRSA §1056, sub-§1, ¶C, as
enacted by PL 2021, c. 3, §1, is amended to read:
CHAPTER 34 C. "Food order" means an order of a full course
S.P. 101 - L.D. 201 meal as defined in section 2, subsection 15, para-
graph R‑1 11-E or an order of a cold or hot meal
An Act to Make Permanent the including but not limited to a sandwich, salad, ham-
Ability of Certain Retailers and burger, cheeseburger, hot dog, pizza or other food
item that customarily appears on a restaurant menu.
Distilleries to Sell Liquor for "Food order" does not include an order consisting
Off-premises Consumption and solely of a prepackaged snack food or foods such
Cocktails for On-premises as popcorn, chips or pretzels.
Consumption
Sec. 2. 28-A MRSA §1056, sub-§2, ¶C, as
Emergency preamble. Whereas, acts and re- enacted by PL 2021, c. 3, §1, is amended by amending
solves of the Legislature do not become effective until subparagraph (1) to read:
90 days after adjournment unless enacted as emergen-
cies; and (1) If the qualified on-premises retailer is li-
censed under this chapter to sell wine for on-
Whereas, the spread of the novel coronavirus dis- premises consumption, it may sell wine for
ease referred to as COVID-19 created a public health off-premises consumption only in an approved
emergency and prompted subsequent public health container, in an original container or as an in-
measures, which resulted in economic hardship and in- gredient in an approved cocktail. An approved
security for restaurants, bars, tasting rooms, distilleries cocktail sold by a qualified on-premises re-
and small distilleries; and tailer under this subparagraph may not contain
Whereas, in response to the economic hardship spirits unless the qualified on-premises retailer
facing restaurants, bars, tasting rooms, distilleries and is also licensed to sell spirits for on-premises
small distilleries, the Legislature enacted Public Law consumption under this chapter.
2021, chapter 3, which temporarily allowed on- Sec. 3. 28-A MRSA §1056, sub-§2, ¶C, as
premises retailers to sell liquor to customers through enacted by PL 2021, c. 3, §1, is amended by amending
take-out and delivery service if the liquor was accom- subparagraph (2) to read:
panied by a food order; Public Law 2021, chapter 91,
which temporarily allowed distilleries or small distiller- (2) If the qualified on-premises retailer is li-
ies to sell for on-premises consumption cocktails con- censed under this chapter to sell malt liquor for
taining samples of distilleries' spirits products; and Pub- on-premises consumption, it may sell malt li-
lic Law 2021, chapter 514, which extended the time in quor for off-premises consumption only in an
which these activities may take place; and approved container or an original container.
Whereas, the lingering effects of the public health Sec. 4. 28-A MRSA §1056, sub-§3, as
emergency and subsequent public health measures con- amended by PL 2021, c. 514, §1, is repealed.
tinue to impact the economic health of Maine restau- Sec. 5. 28-A MRSA §1355-A, sub-§5, ¶F-1,
rants, bars, tasting rooms, distilleries and small distill- as amended by PL 2021, c. 514, §2, is further amended
eries; and by repealing the first blocked paragraph.
253
PUBLIC LAW, C. 35 FIRST SPECIAL SESSION - 2023
ATTORNEY GENERAL,
DEPARTMENT OF THE
DEPARTMENT TOTALS 2023-24 2024-25
254
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 39
OTHER SPECIAL ($183,812) ($192,567) for a period not to exceed 60 days. If the State Fo-
REVENUE FUNDS rensic Service requires additional time for observa-
__________ __________ tion, it shall communicate its request and the rea-
DEPARTMENT TOTAL - ($183,812) ($192,567) sons for that request to the court and to counsel for
ALL FUNDS the parties. The court shall accommodate a party's
HEALTH AND HUMAN SERVICES, request to be heard on the issue of whether an ex-
DEPARTMENT OF tension should be granted and may extend the com-
mitment for up to an additional 90 days. Unless the
Division of Licensing and Certification Z036 defendant objects, an order under this paragraph
Initiative: Deallocates funds due to the repeal of the must authorize the institution or residential pro-
Hospital and Health Care Provider Cooperation Act. gram where the defendant is placed by the Com-
missioner of Health and Human Services to pro-
OTHER SPECIAL 2023-24 2024-25
REVENUE FUNDS
vide treatment to the defendant. When further ob-
All Other ($204,446) ($204,446) servation of the defendant is determined no longer
__________ __________ necessary by the State Forensic Service, the com-
OTHER SPECIAL REVENUE ($204,446) ($204,446) missioner Commissioner of Health and Human
FUNDS TOTAL Services shall report that determination to the court
and the court shall terminate the commitment. If
HEALTH AND HUMAN the defendant is committed by the court to the cus-
SERVICES, DEPARTMENT tody of the Commissioner of Health and Human
OF Services for observation under this paragraph, the
DEPARTMENT TOTALS 2023-24 2024-25 State Forensic Service may release prior court-
ordered evaluation reports pertaining to the pend-
OTHER SPECIAL ($204,446) ($204,446) ing charges, unless otherwise impounded, to each
REVENUE FUNDS
__________ __________
institution or residential program into which the
DEPARTMENT TOTAL - ($204,446) ($204,446)
Commissioner of Health and Human Services is
ALL FUNDS considering placing the defendant and, following
placement, to the institution or residential program
SECTION TOTALS 2023-24 2024-25 into which the defendant is placed. If the defendant
had been incarcerated prior to the commitment for
OTHER SPECIAL ($388,258) ($397,013) observation and if, during the period of observa-
REVENUE FUNDS tion, the defendant presents a substantial risk of
__________ __________ causing bodily injury to staff or others that cannot
SECTION TOTAL - ALL ($388,258) ($397,013) be managed in an appropriate institution for the
FUNDS care and treatment of people with mental illness or
See title page for effective date. in an appropriate residential program that provides
care and treatment for persons who have intellec-
tual disabilities or autism, the commissioner Com-
CHAPTER 38 missioner of Health and Human Services may re-
S.P. 57 - L.D. 118 turn the defendant to the correctional facility. The
commissioner Commissioner of Health and Human
Services shall report the risk management issues to
An Act to Ensure Continuity of the court. Upon receiving the report, the court shall
Care for Pretrial Defendants review the report and may enter any order autho-
Be it enacted by the People of the State of Maine rized by this section, including termination of the
as follows: commitment.
Sec. 1. 15 MRSA §101-D, sub-§4, ¶B, as See title page for effective date.
amended by PL 2013, c. 265, §1, is further amended to
read:
B. Upon a determination by the State Forensic Ser-
vice under paragraph A, a court having jurisdiction
in a criminal case may commit the defendant to the
custody of the Commissioner of Health and Human
Services for placement in an appropriate institution
for the care and treatment of people with mental ill-
ness or in an appropriate residential program that
provides care and treatment for persons who have
intellectual disabilities or autism for observation
255
PUBLIC LAW, C. 39 FIRST SPECIAL SESSION - 2023
256
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 40
6. Use of information obtained. Criminal history services or medically related diagnostic and labor-
record information obtained pursuant to this section atory services or engages in ancillary activities sup-
may be used by the department for employment pur- porting those services.
poses to screen a staff member. The subject of any B. "Maintenance of certification program" means
criminal history record check under subsection 3 may
contest any negative decision made by the department satisfactory participation in a program beyond the
continuing medical education requirements cur-
based upon the information received pursuant to the rently in place by the Board of Licensure in Medi-
criminal history record check.
cine or Board of Osteopathic Licensure, or initial
7. Person's access to information obtained. A board certification by a national or regional medi-
person subject to a criminal history record check pursu- cal specialty board.
ant to subsection 3 must be notified each time a criminal C. "Outpatient clinical practice" means any medi-
history record check is performed on the person. A per-
son subject to a criminal history record check under cal practice, home care or hospice organization or
other nonhospital entity providing medical care
subsection 3 may inspect and review the criminal his- through physicians.
tory record information pursuant to Title 16, section 709
and obtain federal information obtained pursuant to the D. "Physician" means an individual licensed under
criminal history record check by following the proce- Title 32, chapter 36 or 48.
dures outlined in 28 Code of Federal Regulations, Sec-
tions 16.32 and 16.33. 2. Discrimination prohibited. A carrier offering
a health plan in this State may not:
8. Right of subject to remove fingerprints from
A. Deny reimbursement to a physician, hospital or
record. Upon request from a person subject to a crim- outpatient clinical practice for services rendered
inal history record check pursuant to subsection 3, the
Department of Public Safety shall remove the person's because a physician does not participate in a
maintenance of certification program;
fingerprints from the Department of Public Safety's rec-
ords and provide written confirmation of the removal to B. Provide lower reimbursement for services ren-
the person. dered by a physician, hospital or outpatient clinical
See title page for effective date. practice because a physician does not participate in
a maintenance of certification program;
C. Prohibit a physician, hospital or outpatient clin-
CHAPTER 40 ical practice from participating in any of the carri-
H.P. 145 - L.D. 224 er's provider networks because a physician does not
participate in a maintenance of certification pro-
An Act to Strengthen Maine's gram; or
Health Care Workforce by D. Determine credentialing of a physician, hospital
Preventing Discrimination by or outpatient clinical practice based on the status of
Requiring Maintenance of a physician's, hospital's or outpatient clinical prac-
Certification for Insurance tice's participation in a maintenance of certification
Reimbursement program.
Be it enacted by the People of the State of Maine 3. Repeal. This section is repealed April 1, 2029.
as follows: Sec. 2. Application. The requirements of this
Sec. 1. 24-A MRSA §4303-G is enacted to Act apply to a carrier as defined in the Maine Revised
read: Statutes, Title 24-A, section 4301-A that executes, de-
livers, issues for delivery, continues or renews an indi-
§4303-G. Provider maintenance of certification re- vidual or group policy, contract or certificate in this
quirements State on or after January 1, 2024.
The following provisions govern maintenance of See title page for effective date.
certification requirements.
1. Definitions. As used in this section, unless the
context otherwise indicates, the following terms have
the following meanings.
A. "Hospital" means a hospital licensed and oper-
ating under Title 22, chapter 404 or 405 or the par-
ent of such institution, or a hospital subsidiary or
hospital affiliate in this State that provides medical
257
PUBLIC LAW, C. 41 FIRST SPECIAL SESSION - 2023
258
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 44
failing to verify the accuracy of the information in- Sec. 2. 28-A MRSA §2, sub-§15, ¶F-1, as
cluded in any a transfer document conforming to the re- amended by PL 2021, c. 658, §17, is further amended
quirements of subsection 3 or for any other liability aris- to read:
ing from the transferee's reliance on such that infor- F-1. "Disc golf course" means a commercially op-
mation.
erated facility that offers disc golfing facilities to
5. Supplement other requirements. The require- the public for a fee, that offers food for sale to the
ments of this section are in addition to any other require- public and that has adequate facilities for the sale
ments or standards in state law. and consumption of liquor. A disc golf course must
have no fewer than 18 disc golfing holes with a to-
See title page for effective date. tal distance of no less than 5,000 feet per 18 disc
golfing holes and must have a value of not less than
CHAPTER 44 $50,000.
H.P. 87 - L.D. 141 Sec. 3. 28-A MRSA §2, sub-§15, ¶G, as
amended by PL 2021, c. 658, §17, is further amended
An Act to Simplify the Sale of to read:
Food Requirement for Certain G. "Golf course" means a commercially operated
Licenses for the Sale of Liquor facility, whether publicly or privately owned, that
to Be Consumed on the offers golfing facilities to the public for a fee, in-
Licensed Premises cluding a regulation-size golf course of no fewer
than 9 holes and an average total of not less than
Emergency preamble. Whereas, acts and re- 1,200 yards per 9 holes, that has a value of not less
solves of the Legislature do not become effective until than $100,000, that offers food for sale to the pub-
90 days after adjournment unless enacted as emergen- lic and that has adequate facilities for the sale and
cies; and consumption of liquor.
Whereas, the spread of the novel coronavirus dis- Sec. 4. 28-A MRSA §2, sub-§15, ¶I-1 is en-
ease referred to as COVID-19 created a public health acted to read:
emergency and prompted subsequent public health
measures, which resulted in economic hardship and in- I-1. "Indoor golf center" means a commercially op-
security for restaurants, bars and recreational facilities; erated indoor facility that offers golf simulator fa-
and cilities to the public for a fee and that has adequate
facilities for the sale and consumption of liquor.
Whereas, the lingering effects of the public health
emergency and subsequent public health measures con- Sec. 5. 28-A MRSA §2, sub-§15, ¶J, as
tinue to impact the economic health of Maine restau- amended by PL 2021, c. 658, §17, is further amended
rants, bars and recreational facilities; and to read:
Whereas, the busy summer season is quickly ap- J. "Indoor ice skating center" means a commer-
proaching, during which time a significant portion of cially operated indoor facility that offers ice skat-
income is generated for restaurants, bars and recrea- ing facilities to the public for a fee, that offers food
tional facilities; and for sale to the public and that has adequate facilities
for the sale and consumption of liquor.
Whereas, in the judgment of the Legislature,
these facts create an emergency within the meaning of Sec. 6. 28-A MRSA §2, sub-§15, ¶K, as
the Constitution of Maine and require the following leg- amended by PL 2021, c. 658, §17, is further amended
islation as immediately necessary for the preservation to read:
of the public peace, health and safety; now, therefore, K. "Indoor racquet center" means a commercially
Be it enacted by the People of the State of Maine operated indoor facility with 4 or more courts or
as follows: areas designed or used for the playing of a racquet
sport, that is open to the public for a fee, that offers
Sec. 1. 28-A MRSA §2, sub-§15, ¶D-1, as food for sale to the public and that has adequate fa-
amended by PL 2021, c. 658, §17, is further amended cilities for the sale and consumption of liquor. Rac-
to read: quet sports include tennis, squash, handball, pad-
D-1. "Curling center" means a facility that offers dleball, pickleball and badminton.
curling facilities to the public for a fee, that offers Sec. 7. 28-A MRSA §2, sub-§15, ¶L, as
food for sale to the public and that has adequate fa- amended by PL 2021, c. 658, §17, is further amended
cilities for the sale and consumption of liquor. to read:
L. "Class A lounge" means a place where food and
liquor are is sold at tables, booths and counters.
259
PUBLIC LAW, C. 44 FIRST SPECIAL SESSION - 2023
Sec. 8. 28-A MRSA §2, sub-§15, ¶L-2 is en- Sec. 20. 28-A MRSA §1063, sub-§3, as
acted to read: amended by PL 2021, c. 658, §180, is further amended
to read:
L-2. "Outdoor golf center" means a commercially
operated outdoor facility with areas for practicing 3. Bureau to determine whether new applicant
golf shots with rentable golf clubs and balls, which would probably meet sale of food requirement. The
may include a miniature golf course that has ade- bureau may not issue an initial license to a Class A res-
quate facilities for the sale and consumption of li- taurant or a Class A restaurant/lounge unless it deter-
quor. "Outdoor golf center" does not mean a golf mines that the applicant would probably meet the re-
course as defined in paragraph G. quirements requirement of subsection 2 2-A.
Sec. 9. 28-A MRSA §2, sub-§15, ¶T-1, as Sec. 21. 28-A MRSA §1063, sub-§4, as
amended by PL 2021, c. 658, §17, is further amended amended by PL 2021, c. 658, §180, is further amended
to read: to read:
T-1. "Tavern" means a place where food and malt 4. Proof of compliance with sale of food re-
liquor may be sold at tables, booths and counters. quirement for license renewal. The bureau may not
renew a Class A restaurant's or a Class A restau-
Sec. 10. 28-A MRSA §1001, sub-§3, ¶H-1 is rant/lounge's license unless the licensee furnishes the
enacted to read:
bureau with proof that the previous year's business met
H-1. Indoor golf centers; the requirements requirement of subsection 2 2-A. If
Sec. 11. 28-A MRSA §1001, sub-§3, ¶J-2 is the bureau determines that the licensee has not satisfied
the requirements requirement of subsection 2 2-A, the
enacted to read: bureau may renew the license for only one year, during
J-2. Outdoor golf centers; which the licensee must meet the requirements require-
ment of subsection 2 2-A to be eligible for further li-
Sec. 12. 28-A MRSA §1003, sub-§3, ¶H-1 is cense renewal.
enacted to read:
H-1. Indoor golf centers;
Sec. 22. 28-A MRSA §1065, sub-§2, as en-
acted by PL 1987, c. 45, Pt. A, §4, is repealed.
Sec. 13. 28-A MRSA §1003, sub-§3, ¶J-2 is Sec. 23. 28-A MRSA §1073, as amended by PL
enacted to read:
2021, c. 658, §192, is further amended by amending the
J-2. Outdoor golf centers; section headnote to read:
Sec. 14. 28-A MRSA §1004, sub-§3, ¶H-1 is §1073. Indoor racquet centers; indoor ice skating
enacted to read: centers; golf courses; curling centers; bowl-
ing centers; indoor golf centers; outdoor
H-1. Indoor golf centers; golf centers; and disc golf courses
Sec. 15. 28-A MRSA §1004, sub-§3, ¶J-1 is Sec. 24. 28-A MRSA §1073, sub-§1, as
enacted to read:
amended by PL 2021, c. 658, §192, is further amended
J-1. Outdoor golf centers; to read:
Sec. 16. 28-A MRSA §1005, sub-§3, ¶H-1 is 1. Issuance of licenses. The bureau may issue li-
enacted to read: censes under this section for the sale of spirits, wine and
H-1. Indoor golf centers; malt liquor for on-premises consumption to bowling
centers, curling centers, disc golf courses, golf courses,
Sec. 17. 28-A MRSA §1005, sub-§3, ¶J-1 is indoor golf centers, indoor ice skating centers and, in-
enacted to read: door racquet centers and outdoor golf centers as defined
in section 2, subsection 15, paragraphs B-1, D‑1, F‑1,
J-1. Outdoor golf centers; G, I-1, J and, K and L-2, respectively.
Sec. 18. 28-A MRSA §1063, sub-§2, as Sec. 25. 28-A MRSA §1073, sub-§2, as
amended by PL 2021, c. 658, §180, is repealed.
amended by PL 2021, c. 658, §192, is repealed.
Sec. 19. 28-A MRSA §1063, sub-§2-A is en- Sec. 26. 28-A MRSA §1073, sub-§3, as
acted to read:
amended by PL 2021, c. 658, §192, is further amended
2-A. Income from sale of food requirement. At to read:
least 10% of the gross annual income must be from the 3. Separate area for sale of food and liquor. A
sale of food for each Class A restaurant or Class A
restaurant/lounge. licensee under this section shall set aside a separate area
for the sale and consumption of food and liquor in
accordance with the rules of the bureau.
260
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 46
261
PUBLIC LAW, C. 47 FIRST SPECIAL SESSION - 2023
2 or in rules applicable to local health officers adopted Whereas, the State's successful beverage con-
by the department. An associate health officer must tainer redemption program protects public health and
work under the direct supervision of the local health of- safety by preventing litter from polluting water sources
ficer. and spreading disease and by reducing air and water
contamination caused by the burning of containers in a
Sec. 3. 22 MRSA §454-A, sub-§2, ¶G, as en- waste-to-energy facility or the disposal of containers in
acted by PL 2007, c. 598, §7, is amended to read:
a landfill; and
G. Act as a resource for connecting residents with
the public health services and resources provided Whereas, Maine residents rely on beverage con-
tainer redemption centers as a convenient option for re-
by the Maine Center for Disease Control and Pre- deeming container refunds, which many residents use
vention; and
to support their household budgets; and
Sec. 4. 22 MRSA §454-A, sub-§2, ¶H, as en- Whereas, redemption centers are struggling to ad-
acted by PL 2007, c. 598, §7, is amended by amending
dress increased system costs due to inflation and other
subparagraph (5) to read: factors, which have forced many redemption centers to
(5) Laws pertaining to prohibited dumping un- reduce hours or close, while at the same time, recent in-
der Title 30‑A, section 3352.; and creased demands for redemption services are over-
whelming redemption centers still in operation; and
Sec. 5. 22 MRSA §454-A, sub-§2, ¶I is en-
acted to read: Whereas, necessary operational changes to
I. Supervise associate health officers appointed un- streamline the beverage container redemption program
cannot be implemented in sufficient time to address the
der section 451, subsection 7. current cost and demand issues overwhelming redemp-
See title page for effective date. tion centers now and in the near future; and
Whereas, an immediate increase in the handling
CHAPTER 47 fee paid by initiators of deposit to redemption centers
and an additional future increase in that fee, as provided
H.P. 405 - L.D. 628 in this legislation, are necessary to prevent further re-
demption center closures; and
An Act to Designate Maine
Irish Heritage Day Whereas, in the judgment of the Legislature,
these facts create an emergency within the meaning of
Be it enacted by the People of the State of Maine the Constitution of Maine and require the following leg-
as follows: islation as immediately necessary for the preservation
Sec. 1. 1 MRSA §150-S is enacted to read: of the public peace, health and safety; now, therefore,
§150-S. Maine Irish Heritage Day Be it enacted by the People of the State of Maine
as follows:
March 17th of each year is designated as Maine
Irish Heritage Day in recognition of the contribution of Sec. 1. 38 MRSA §3106, sub-§7, as amended
Irish immigrants to the State and their descendants, and by PL 2019, c. 526, §7, is further amended to read:
the Governor shall issue annually a proclamation invit- 7. Reimbursement of handling costs. Reim-
ing and urging the people of the State to observe this bursement of handling costs is governed by this subsec-
day in suitable places with appropriate activity. tion.
See title page for effective date. A. In addition to the payment of the refund value,
the initiator of the deposit under section 3103, sub-
sections 1, 2 and 4 shall reimburse the dealer or re-
CHAPTER 48 demption center for the cost of handling beverage
S.P. 73 - L.D. 134 containers subject to section 3103, in an amount
that equals at least 3¢ per returned container for
An Act to Increase the containers picked up by the initiator before March
Handling Fee for Beverage 1, 2004, at least 3 1/2¢ for containers picked up on
Containers Reimbursed to or after March 1, 2004 and before March 1, 2010,
at least 4¢ for containers picked up on or after
Dealers and Redemption March 1, 2010 and before January 1, 2020 and, at
Centers least 4 1/2¢ for containers picked up on or after Jan-
Emergency preamble. Whereas, acts and re- uary 1, 2020 and before May 1, 2023, at least 5 1/2¢
solves of the Legislature do not become effective until for containers picked up on or after May 1, 2023
90 days after adjournment unless enacted as emergen- and before September 1, 2023 and at least 6¢ for
cies; and containers picked up on or after September 1, 2023.
262
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 50
263
PUBLIC LAW, C. 50 FIRST SPECIAL SESSION - 2023
90 days after adjournment unless enacted as emergen- Initiative: Provides funding for increased costs of criti-
cies; and cal items, including paint, salt, culverts, guardrail parts,
plow blades and vehicle parts.
Whereas, the 90-day period may not terminate
until after the beginning of the next fiscal year; and FLEET SERVICES 2022-23 2023-24 2024-25
FUND - DOT
Whereas, certain obligations and expenses inci- All Other $1,200,000 $0 $0
dent to the operation of state departments and institu- __________ ____________________
tions will become due and payable immediately; and FLEET SERVICES $1,200,000 $0 $0
FUND - DOT TOTAL
Whereas, in the judgment of the Legislature,
these facts create an emergency within the meaning of Highway and Bridge Capital 0406
the Constitution of Maine and require the following leg-
islation as immediately necessary for the preservation Initiative: Establishes 41 positions to address project
of the public peace, health and safety; now, therefore, development, planning, legal, environmental, safety
and human resources needs associated with the depart-
Be it enacted by the People of the State of Maine ment's capital programs. Four of the positions are
as follows: funded 100% Highway Fund, and the remainder are
PART A 50% Federal Expenditures Fund, 45% Highway Fund
and 5% Other Special Revenue Funds. This initiative
Sec. A-1. Appropriations and alloca- also eliminates 61.01 vacant full-time equivalent crew
tions. The following appropriations and allocations positions and 7 vacant positions to offset the cost of the
are made. new positions and generate additional savings to the
TRANSPORTATION, DEPARTMENT OF Highway Fund. Position detail is on file with the Bureau
of the Budget.
Administration 0339 HIGHWAY FUND 2022-23 2023-24 2024-25
Initiative: Establishes 41 positions to address project POSITIONS - 35.000 0.000 0.000
development, planning, legal, environmental, safety LEGISLATIVE
and human resources needs associated with the depart- COUNT
ment's capital programs. Four of the positions are POSITIONS - FTE (1.000) 0.000 0.000
COUNT
funded 100% Highway Fund, and the remainder are Personal Services $104,963 $0 $0
50% Federal Expenditures Fund, 45% Highway Fund __________ ____________________
and 5% Other Special Revenue Funds. This initiative HIGHWAY FUND $104,963 $0 $0
also eliminates 61.01 vacant full-time equivalent crew TOTAL
positions and 7 vacant positions to offset the cost of the
new positions and generate additional savings to the FEDERAL 2022-23 2023-24 2024-25
Highway Fund. Position detail is on file with the Bureau EXPENDITURES
of the Budget. FUND
Personal Services ($507,831) $0 $0
HIGHWAY FUND 2022-23 2023-24 2024-25 __________ ____________________
POSITIONS - 1.000 0.000 0.000
FEDERAL ($507,831) $0 $0
LEGISLATIVE EXPENDITURES
COUNT FUND TOTAL
Personal Services $10,080 $0 $0
__________ ____________________
OTHER SPECIAL 2022-23 2023-24 2024-25
HIGHWAY FUND $10,080 $0 $0
REVENUE FUNDS
TOTAL
Personal Services $636,679 $0 $0
Fleet Services 0347 __________ ____________________
OTHER SPECIAL $636,679 $0 $0
Initiative: Provides funding to support the operation of REVENUE FUNDS
vehicles and equipment necessary to maintain the trans- TOTAL
portation system.
Maintenance and Operations 0330
FLEET SERVICES 2022-23 2023-24 2024-25
FUND - DOT Initiative: Establishes 41 positions to address project
All Other $3,600,000 $0 $0 development, planning, legal, environmental, safety
__________ ____________________ and human resources needs associated with the depart-
FLEET SERVICES $3,600,000 $0 $0 ment's capital programs. Four of the positions are
FUND - DOT TOTAL funded 100% Highway Fund, and the remainder are
Fleet Services 0347 50% Federal Expenditures Fund, 45% Highway Fund
and 5% Other Special Revenue Funds. This initiative
also eliminates 61.01 vacant full-time equivalent crew
positions and 7 vacant positions to offset the cost of the
264
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 50
new positions and generate additional savings to the FLEET SERVICES $4,800,000 $0 $0
Highway Fund. Position detail is on file with the Bureau FUND - DOT
of the Budget. ISLAND FERRY $530,675 $0 $0
SERVICES FUND
HIGHWAY FUND 2022-23 2023-24 2024-25 __________ ____________________
POSITIONS - FTE (61.010) 0.000 0.000 DEPARTMENT $4,475,472 $0 $0
COUNT TOTAL - ALL FUNDS
Personal Services ($1,342,658) $0 $0
__________ ____________________ PART B
HIGHWAY FUND ($1,342,658) $0 $0 Sec. B-1. Carrying provision; Department
TOTAL
of Secretary of State, Administration - Motor
Multimodal - Island Ferry Service Z016 Vehicles program. Notwithstanding any provision of
law to the contrary, the State Controller shall carry for-
Initiative: Provides funding to support the operation of ward any unexpended balances in the Personal Services
vehicles and equipment necessary to maintain the trans-
portation system. and All Other line categories in the Department of the
Secretary of State, Administration - Motor Vehicles
ISLAND FERRY 2022-23 2023-24 2024-25 program, after all financial commitments for obliga-
SERVICES FUND tions and budgetary adjustments have been made, at the
All Other $500,000 $0 $0 end of fiscal year 2022-23 and at the end of fiscal year
__________ ____________________ 2023-24 to the next fiscal year to the All Other line cat-
ISLAND FERRY $500,000 $0 $0 egory in the Department of the Secretary of State, Ad-
SERVICES FUND
TOTAL
ministration - Motor Vehicles program, of which up to
$2,000,000 is to be used for the Bureau of Motor Vehi-
Multimodal - Island Ferry Service Z016 cles modernization project and up to $7,000,000 is to be
Initiative: Establishes one Public Service Manager II used for the new license plate general issue project.
position to assist with the operations of the Maine State PART C
Ferry Service.
Sec. C-1. 23 MRSA §4206, sub-§1, ¶O, as
ISLAND FERRY 2022-23 2023-24 2024-25 amended by PL 2021, c. 66, §2, is further amended to
SERVICES FUND read:
POSITIONS - 1.000 0.000 0.000
LEGISLATIVE O. To bring before the joint standing committee of
COUNT the Legislature having jurisdiction over transporta-
Personal Services $30,675 $0 $0 tion matters for review and approval any proposal
__________ ____________________ that would alter the current land use, ownership or
ISLAND FERRY $30,675 $0 $0 jurisdiction of lands owned by the State within the
SERVICES FUND Port of Searsport presently under the jurisdiction of
TOTAL the department; and
Multimodal Transportation Fund Z017 Sec. C-2. 23 MRSA §4206, sub-§1, ¶P, as en-
Initiative: Adjusts funding to bring allocations in line acted by PL 2021, c. 66, §3, is amended to read:
with projected available resources for fiscal year 2022- P. To enter into agreements and cooperate with the
23. United States Department of Transportation or any
OTHER SPECIAL 2022-23 2023-24 2024-25 other appropriate federal agency as provided in 23
REVENUE FUNDS United States Code, Sections 325 to 327 and as
All Other $243,564 $0 $0 authorized under the federal Moving Ahead for
__________ ____________________ Progress in the 21st Century Act, the federal Safe,
OTHER SPECIAL $243,564 $0 $0 Accountable, Flexible, Efficient Transportation
REVENUE FUNDS Equity Act: A Legacy for Users and the federal
TOTAL National Environmental Policy Act of 1969. Pur-
suant to such an agreement, the commissioner may
TRANSPORTATION,
DEPARTMENT OF
assume certain responsibilities of the Secretary of
DEPARTMENT 2022-23 2023-24 2024-25 the United States Department of Transportation
TOTALS and take any other actions as required by any such
agreement or by such federal laws.
HIGHWAY FUND ($1,227,615) $0 $0 (1) The commissioner may adopt any rules
FEDERAL ($507,831) $0 $0
EXPENDITURES
necessary to implement an agreement pursuant
FUND to this paragraph and carry out any duties im-
OTHER SPECIAL $880,243 $0 $0 posed under such an agreement. Rules
REVENUE FUNDS
265
PUBLIC LAW, C. 51 FIRST SPECIAL SESSION - 2023
adopted pursuant to this subparagraph are rou- Whereas, in the judgment of the Legislature,
tine technical rules pursuant to Title 5, chapter these facts create an emergency within the meaning of
375, subchapter 2‑A. the Constitution of Maine and require the following leg-
(2) The commissioner may make expenditures islation as immediately necessary for the preservation
of the public peace, health and safety; now, therefore,
of money in connection with an agreement
authorized under this paragraph from any Be it enacted by the People of the State of Maine
funds of the department that are available to as follows:
the commissioner. Sec. 1. 8 MRSA §275-B, sub-§3, as enacted by
(3) Notwithstanding Title 14, chapter 741, PL 2021, c. 406, §3, is amended by amending the 2nd
sovereign immunity from civil suit in federal blocked paragraph to read:
court is waived consistent with 23 United
This subsection is repealed January 1, 2024 2026.
States Code, Sections 326 and 327 and limited
to the compliance, discharge or enforcement of Sec. 2. 8 MRSA §278 is amended to read:
a responsibility assumed by the department
§278. Minors
under this paragraph. This subparagraph ap-
plies only to actions that are authorized under No A minor, whether attending a race or employed
this paragraph and does not create liability that in any manner on or about a race track racetrack, shall
exceeds the liability created under 23 United may not be permitted to participate in any pari-mutuel
States Code, Sections 325 to 327.; and pool or be admitted to any pari-mutuel enclosure sales
area.
Sec. C-3. 23 MRSA §4206, sub-§1, ¶Q is en-
acted to read: Emergency clause. In view of the emergency
Q. To implement a program to enhance the skills cited in the preamble, this legislation takes effect when
approved.
of the department's transportation workers and
ferry service workers. The program must provide Effective May 8, 2023.
that employees in these classifications who partici-
pate in training and who demonstrate they have
achieved competencies prescribed by the commis- CHAPTER 52
sioner may progress immediately to the next level H.P. 16 - L.D. 12
in these classification series.
Emergency clause. In view of the emergency An Act to Amend the Laws
cited in the preamble, this legislation takes effect when Governing Severance Pay to
approved. Cover More Types of
Effective May 5, 2023. Employers and Include More
Workers
CHAPTER 51 Be it enacted by the People of the State of Maine
as follows:
S.P. 132 - L.D. 311 Sec. 1. 26 MRSA §625-B, sub-§1, ¶A, as
amended by PL 2015, c. 417, §1, is further amended to
An Act to Delay the Repeal of read:
the Law Governing the Sale of
Pari-Mutuel Pools for A. "Covered establishment" means any industrial
Simulcast Harness Racing or commercial facility or part thereof that employs
or has employed at any time in the preceding 12-
Emergency preamble. Whereas, acts and re- month period 100 or more persons.
solves of the Legislature do not become effective until
90 days after adjournment unless enacted as emergen- Sec. 2. 26 MRSA §625-B, sub-§1, ¶A-1, as
cies; and enacted by PL 2015, c. 417, §1, is amended to read:
Whereas, this bill delays the repeal of the provi- A-1. "Closing" means the permanent shutdown of
sion of law governing the sale of pari-mutuel pools and industrial or commercial operations at a covered
common pari-mutuel pools for simulcast races; and establishment. A closing may occur due to reloca-
tion, or termination or consolidation of the employ-
Whereas, it is important that this legislation take er's business.
effect immediately in order for these changes to be in
place before the beginning of the next harness racing Sec. 3. 26 MRSA §625-B, sub-§1, ¶F, as en-
season; and acted by PL 1979, c. 663, §157, is amended to read:
266
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 54
F. "Relocation" means the removal of all or sub- claimant's weekly benefit amount, benefits may not be
stantially all of industrial or commercial operations withheld until a determination is made on the issue. Be-
in a covered establishment to a new location, within fore a determination is made, written notice must be
or without the State of Maine, 100 or more miles mailed to the claimant and other interested parties,
distant from its original location. which must include the issue to be decided, the law
upon which it is based, any factual allegations known to
See title page for effective date.
the bureau, the right to a fact-finding interview, the date
and location of the scheduled interview and the conduct
CHAPTER 53 of the interview and appeal. The Any fact-finding in-
terview must be scheduled not less than 5 7 calendar
H.P. 17 - L.D. 13 days nor more than 14 calendar days after the notice is
mailed. The bureau shall include in the notice a state-
An Act to Define "Mail" in the ment notifying the claimant that any benefits paid prior
Employment Security Law to to the determination may be an overpayment under ap-
Include Electronic Notification plicable law and recoverable by the bureau if it is later
and to Extend the Appeal determined that the claimant was not entitled to the ben-
Times for Claimants efits. If the claimant does not appear for the scheduled
interview, the deputy shall make a determination on the
Be it enacted by the People of the State of Maine basis of available evidence. The deputy shall make a
as follows: prompt determination of the issue based solely on any
Sec. 1. 26 MRSA §1043, sub-§31 is enacted to written statements of interested parties filed with the
read: bureau before the interview, together with the evidence
presented by interested parties who personally partici-
31. Mail. "Mail" includes delivery by United pated in the interview by telephone or e-mail or other
States Postal Service, private carrier or electronic mail. electronic means. Upon request and notice to all parties
Sec. 2. 26 MRSA §1052 is enacted to read: at the interview, the deputy may accept corroborative
documentary evidence after the interview. In no other
§1052. Method of mail for required notices case may the deputy base a decision on evidence re-
The bureau may not send a notice to an individual ceived after the interview has been held.
as required under this chapter exclusively by electronic See title page for effective date.
mail without first allowing the individual the oppor-
tunity to elect to receive that notice exclusively by elec-
tronic mail. CHAPTER 54
Sec. 3. 26 MRSA §1194, sub-§2, as amended H.P. 21 - L.D. 17
by PL 2021, c. 456, §24, is further amended by amend-
ing the 3rd blocked paragraph to read: An Act to Amend the
The deputy shall promptly notify the claimant and any Membership Requirements of
other interested party of the determinations and reasons the State Claims Commission
for the determinations. Subject to subsection 11, unless Be it enacted by the People of the State of Maine
the claimant or any such interested party, within 15 30 as follows:
calendar days after that notification was mailed to the
claimant's last known address, files an appeal from that Sec. 1. 23 MRSA §152, first ¶, as amended by
determination, that determination is final, except that PL 1999, c. 185, §2, is further amended to read:
the period within which an appeal may be filed may be The State Claims Commission, established by Title
extended, for a period not to exceed an additional 15 30 5, section 12004‑B, subsection 5, consists of 5 mem-
calendar days, for good cause shown. If new evidence bers. Four of the members must be appointed by the
or pertinent facts that would alter that determination be- Governor, 2 of whom must be have been qualified ap-
come known to the deputy prior to the date that deter- praisers certified as general real estate appraisers pursu-
mination becomes final, a redetermination is autho- ant to Title 32, chapter 124 within the 5 years prior to
rized, but that redetermination must be mailed before the date of appointment and 2 of whom must be
the original determination becomes final. attorneys-at-law. The Governor shall designate one of
Sec. 4. 26 MRSA §1194, sub-§2, as amended the attorneys-at-law to be chair. The members of the
by PL 2021, c. 456, §24, is further amended by amend- commission appointed by the Governor shall serve for
ing the 6th blocked paragraph to read: terms of 4 years. They must be sworn, and for ineffi-
ciency, willful neglect of duty or for malfeasance in of-
If, during the period a claimant is receiving benefits, fice may, after notice and hearing, be removed by the
new information or a new issue arises concerning the Governor on the address of both branches of the Legis-
claimant's eligibility for benefits or which affects the
267
PUBLIC LAW, C. 55 FIRST SPECIAL SESSION - 2023
268
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 58
1. Licensed camping facility. "Licensed camping Sec. 7. 12 MRSA §9325, sub-§2, ¶B, as en-
facility" means a recreational camp, youth camp or acted by PL 1991, c. 36, §4, is amended to read:
camping area licensed under Title 22, section 2495.
B. Residential use of outdoor grills and fireplaces
2. Recreational campfire. "Recreational camp- for recreational purposes such as preparing food, as
fire" means an out-of-door fire that is used for cooking, long as the fire does not exceed 3 feet in diameter
personal warmth, light or ceremonial or aesthetic pur- in a fireplace or grill at the base of the fire and does
poses and that is not a part of debris disposal. "Recrea- not exceed 3 feet in height; and
tional campfire" includes a residential fire contained See title page for effective date.
within an out-of-door fireplace. "Recreational camp-
fire" does not include a portable lantern designed to
emit light resulting from combustion or a stove that is CHAPTER 57
used inside a structure or living accommodation.
S.P. 20 - L.D. 28
3. Red flag warning. "Red flag warning" means
a forecast warning issued by the United States Depart- An Act to Streamline
ment of Commerce, National Oceanic and Atmospheric Rulemaking for Revisions to
Administration, National Weather Service or its succes-
sor, in consultation with the bureau, that informs the Screening Levels for the Solid
public, firefighters and land management agencies that Waste Beneficial Use Program
conditions are ideal for wildland fire combustion and Be it enacted by the People of the State of Maine
rapid spread. A red flag warning indicates for a given as follows:
geographic area, until the warning is withdrawn, that
the temperature is warm, the humidity is very low and Sec. 1. 38 MRSA §1304, sub-§1-D is enacted
strong winds are expected and that these factors pro- to read:
duce an increased risk of fire danger. 1-D. Rules; beneficial use of solid waste. The
Sec. 4. 12 MRSA §9324, sub-§9 is enacted to board may adopt or amend rules relating to the benefi-
read: cial use of solid waste. Rules adopted or amended pur-
suant to this subsection are major substantive rules, as
9. Recreational campfires. A person who kindles defined in Title 5, chapter 375, subchapter 2-A, except
or uses a recreational campfire, other than a licensed that rules adopting or amending screening levels for
camping facility, may not allow the recreational camp- beneficial use that are derived using the standard risk
fire to exceed 3 feet in diameter on the ground at the protocols of the United States Environmental Protection
base of the fire or 3 feet in height. Agency are routine technical rules as defined in Title 5,
Sec. 5. 12 MRSA §9324, sub-§10 is enacted to chapter 375, subchapter 2-A.
read: Sec. 2. PL 2011, c. 304, Pt. F, §2 is repealed.
10. Open burning during red flag warning. A See title page for effective date.
person may not engage in open burning under section
9325, subsection 1 or 2, including a recreational camp-
fire, in any geographic area subject to a red flag warn- CHAPTER 58
ing. Open burning without a permit under section 9325, S.P. 22 - L.D. 30
subsection 2 is allowed at the following locations:
A. A licensed camping facility; and An Act to Increase the
B. Campsites under the jurisdiction of the Depart- Statutory Fee for Defensive
ment of Agriculture, Conservation and Forestry or Driving Courses
the Baxter State Park Authority, as long as the Be it enacted by the People of the State of Maine
campsite and the use of out-of-door fires and char- as follows:
coal and gas grills at the campsite comply with
rules under section 9001-B, subsection 4. Sec. 1. 23 MRSA §4208, first ¶, as amended
by PL 2007, c. 295, §1, is further amended to read:
Sec. 6. 12 MRSA §9325, sub-§2, ¶A, as en-
acted by PL 1991, c. 36, §4, is amended to read: The Department of Public Safety is authorized to
conduct defensive driving courses for the purpose of
A. Recreational campfires A recreational campfire promoting highway safety and to charge a registration
kindled when the ground is covered by snow or on fee of $35 $65 to participants in the defensive driving
a frozen bodies body of water, as long as the recre- courses conducted under the auspices of the depart-
ational campfire does not exceed 3 feet in diameter ment. The fee must be used to cover the cost of conduct-
on the ground at the base of the fire and does not ing the courses. Any balances remaining at the end of
exceed 3 feet in height;
269
PUBLIC LAW, C. 59 FIRST SPECIAL SESSION - 2023
the fiscal year may not lapse but must be carried for- C. 1120 (common trust funds, mutual funds), but
ward to be used for the purposes stated in this section. as to this exception, only with the prior approval of
the superintendent and only in index mutual funds
Sec. 2. Appropriations and allocations. The in an amount up to 20% of the insurer's assets.; and
following appropriations and allocations are made.
PUBLIC SAFETY, DEPARTMENT OF D. 1115 (stocks of subsidiaries), but only with the
prior approval of the superintendent unless, with
Highway Safety DPS 0457 respect to investments in subsidiaries engaged in or
Initiative: Provides allocations to allow expenditure of organized to engage in the kinds of business in
which the insurer may engage, the investments
additional revenue from an increase in the registration would not result in the aggregate net cost of the in-
fee for defensive driving courses.
surer's investments in all such subsidiaries exceed-
OTHER SPECIAL 2023-24 2024-25 ing 50% of its surplus as to policyholders. For the
REVENUE FUNDS purposes of this paragraph, "net cost of the insurer's
All Other $9,640 $12,850 investment" means the sum of the total money or
__________ __________ other consideration expended and obligations as-
OTHER SPECIAL REVENUE $9,640 $12,850 sumed in the acquisition or formation of a subsidi-
FUNDS TOTAL
ary, including all organizational expenses and con-
See title page for effective date. tributions to capital and surplus of that subsidiary,
and all amounts expended in acquiring additional
common stock, preferred stock, debt obligations
CHAPTER 59 and other securities, and all contributions to the
S.P. 28 - L.D. 36 capital or surplus, of a subsidiary subsequent to its
acquisition or formation less any returns of capital,
An Act to Make Corrections to repayments of principal and any other payments
the Maine Insurance Code that reduce the insurer's investment in the subsidi-
ary.
Be it enacted by the People of the State of Maine
as follows: Sec. 3. 24-A MRSA §1155, as amended by PL
2001, c. 524, §3, is further amended to read:
Sec. 1. 24-A MRSA §220, sub-§2, as enacted §1155. Diversification
by PL 1991, c. 26, is amended to read:
2. Response to inquiries. All insurers and other Investments of an insurer shall be subject to the fol-
persons required to be licensed pursuant to this Title and lowing diversification requirements and limitations.
Title 24 shall respond to all lawful inquiries of the su- 1. Real estate; personal property; equity inter-
perintendent that relate to resolution of consumer com- ests; subsidiaries. Not more than 40% of the insurer's
plaints involving the licensee within 14 10 business assets in aggregate amount may consist of investments
days of receipt of the inquiry and to all other lawful described in the following subdivisions paragraphs:
follow-up inquiries of the superintendent within 30 5
business days of receipt. If a substantive response can A. Real estate, section 1156, subsection 2, para-
not cannot in good faith be provided within the required graph D, subparagraph (1);
time period, the person required to respond shall so ad- B. Personal property, section 1156, subsection 2,
vise the superintendent and provide the reason for the paragraph E;
inability to respond. The superintendent may adopt rou-
tine technical rules as defined in Title 5, chapter 375, C. Equity interests, section 1156, subsection 2,
subchapter 2-A to implement the requirements of this paragraph F; and
subsection. D. Subsidiaries, section 1157, except as provided
Sec. 2. 24-A MRSA §1106, sub-§4, as in that section.
amended by PL 2001, c. 524, §2, is further amended to If, on or after the effective date of this subsection, the
read: insurer makes investments of those types in institutions
4. Except as otherwise expressly provided, an in- or property located within the State aggregating 1% or
surer may not invest more than 10% of its assets in the more of its assets, the 40% limitation in this subsection
securities of any one person, other than investments el- shall must be increased by an equal amount up to 45%,
igible under the following sections: exclusive of those investments in institutions or prop-
erty located within the State, thus providing for a max-
A. 1107 (public obligations); imum limit on the investments described in those sub-
B. 1108 (obligations, stock of certain federal and divisions paragraphs of 50% of the insurer's assets.
international agencies); and
270
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 60
2. Government obligations; policy loans; other aggregate benefits estimated to be paid under all
Counter-party limitations. Except as otherwise ex- the small group health plans maintained in force by
pressly provided, an insurer may not invest in or may the carrier for the period for which coverage is to
not incur counter-party exposure to any one person if, be provided will return to policyholders at least
after giving effect to those investments and that 75% of the aggregate premiums collected for those
counter-party exposure, the aggregate of those invest- policies, as determined in accordance with ac-
ments in and that counter-party exposure to that person cepted actuarial principles and practices and on the
would exceed 10% of the insurer's admitted assets, with basis of incurred claims experience and earned pre-
the following exceptions: miums. For the purposes of this calculation, any
A. Government obligations pursuant to section payments paid pursuant to former section 6913
must be treated as incurred claims.
1156, subsection 2, paragraph A;
B. Policy loans pursuant to section 1158; and
Sec. 7. 24-A MRSA §2808-B, sub-§2-B, ¶D,
as amended by PL 2007, c. 629, Pt. M, §8, is repealed.
C. Index mutual funds, but as to this exception, Sec. 8. 24-A MRSA §2839-B, sub-§2, as
only with the prior approval of the superintendent
and limited to 20% of the insurer's admitted assets. amended by PL 2007, c. 629, Pt. M, §11, is further
amended to read:
3. Other investment limitations. Other invest-
2. Annual filing. Every carrier offering group
ment limitations shall be are as provided in particular health insurance specified in subsection 1 shall annually
sections of this chapter.
file with the superintendent on or before April 30th a
Sec. 4. 24-A MRSA §1481, as enacted by PL certification signed by a member in good standing of
1997, c. 457, §23 and affected by §55, is amended to the American Academy of Actuaries or a successor or-
read: ganization that the carrier's rating methods and practices
are in accordance with generally accepted actuarial
§1481. Continuing education advisory committee principles and with the applicable actuarial standards of
Education Advisory Committee
practice as promulgated by an actuarial standards board.
The Continuing Education Advisory Committee is The filing must also certify that the carrier has included
established and consists of 6 members appointed by the in its experience any savings offset payments or recov-
superintendent for terms of 3 years each, on a staggered- ery of those savings offset payments consistent with
term basis to prevent the terms of more than 2 members former section 6913. The filing also must state the num-
from expiring in any one year. A person may not be ber of policyholders, certificate holders and dependents,
reappointed to the committee for more than one 3-year as of the close of the preceding calendar year, enrolled
term. A person is ineligible for appointment to the com- in large group health insurance plans offered by the car-
mittee unless that person is an active, full-time insur- rier. A filing and supporting information are public rec-
ance producer or consultant. Committee members are ords except as provided by Title 1, section 402, subsec-
eligible for reimbursement of expenses. The superinten- tion 3.
dent may remove a committee member for cause.
See title page for effective date.
Sec. 5. 24-A MRSA §2808-B, sub-§2-A, ¶C,
as amended by PL 2019, c. 653, Pt. B, §5, is further
amended to read: CHAPTER 60
C. Rates for small group health plans must be filed H.P. 32 - L.D. 57
in accordance with this section and subsections 2‑B
and 2‑C or section 2792, as applicable, for pre- An Act to Amend Maine's
mium rates effective on or after July 1, 2004, ex- Endangered and Threatened
cept that the rates for small group health plans are Species List
not required to account for any payment or any re-
covery of that payment pursuant to subsection 2‑B, Be it enacted by the People of the State of Maine
paragraph D and former section 6913 for rates ef- as follows:
fective before July 1, 2005. Sec. 1. 12 MRSA §12803, sub-§2, as enacted
Sec. 6. 24-A MRSA §2808-B, sub-§2-B, ¶A, by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9,
as amended by PL 2009, c. 244, Pt. G, §2, is further is amended to read:
amended to read: 2. Commissioner's duties. In recommending a
A. Rates subject to this subsection must be filed species to be listed as endangered or threatened, the
for approval by the superintendent. The superinten- commissioner shall:
dent shall disapprove any premium rates filed by A. Make use of the best scientific, commercial and
any carrier, whether initial or revised, for a small other data available;
group health plan unless it is anticipated that the
271
PUBLIC LAW, C. 61 FIRST SPECIAL SESSION - 2023
B. Consult, as appropriate, with federal agencies, ZZ. Eastern small-footed bat, Myotis leibii, threat-
other interested state agencies, other states having ened; and
a common interest in the species and interested per-
sons and organizations; and
Sec. 11. 12 MRSA §12803, sub-§3, ¶AAA,
as enacted by PL 2015, c. 121, §5, is amended to read:
C. Maintain a list of all species that the Legislature AAA. Six-whorl vertigo, Vertigo morsei, endan-
has designated to be endangered or threatened,
naming each species by both its scientific and com- gered.;
mon name, if any, and specifying over what portion Sec. 12. 12 MRSA §12803, sub-§3, ¶BBB is
of its range each species so designated is endan- enacted to read:
gered or threatened.; and
BBB. Ashton's cuckoo bumble bee, Bombus ash-
D. Report to the joint standing committee of the toni, endangered;
Legislature having jurisdiction over inland fisher- Sec. 13. 12 MRSA §12803, sub-§3, ¶CCC is
ies and wildlife matters no less frequently than
every 4 years on any recommendations, status up- enacted to read:
dates or changes to the list of species designated as CCC. Bank swallow, Riparia riparia, threatened;
endangered or threatened.
Sec. 14. 12 MRSA §12803, sub-§3, ¶DDD is
Sec. 2. 12 MRSA §12803, sub-§3, ¶D, as enacted to read:
amended by PL 2007, c. 166, §1, is further amended to
DDD. Bicknell's thrush, Catharus bicknelli, threat-
read: ened;
D. Sedge wren, Cistothorus platensis stellaris, en- Sec. 15. 12 MRSA §12803, sub-§3, ¶EEE is
dangered;
enacted to read:
Sec. 3. 12 MRSA §12803, sub-§3, ¶F, as en- EEE. Blackpoll warbler, Setophaga striata, threat-
acted by PL 2003, c. 573, §6 and affected by §8 and c.
ened;
655, Pt. C, §§3 and 6, is repealed.
Sec. 4. 12 MRSA §12803, sub-§3, ¶P, as Sec. 16. 12 MRSA §12803, sub-§3, ¶FFF is
enacted to read:
amended by PL 2015, c. 121, §2, is further amended to
read: FFF. Cliff swallow, Petrochelidon pyrrhonota,
P. Clayton's copper, Lycaena Tharsalea dorcas threatened;
claytoni, threatened; Sec. 17. 12 MRSA §12803, sub-§3, ¶GGG is
enacted to read:
Sec. 5. 12 MRSA §12803, sub-§3, ¶S, as en-
acted by PL 2003, c. 573, §6 and affected by §8 and c. GGG. Margined tiger beetle, Ellipsoptera mar-
655, Pt. C, §§3 and 6, is amended to read: ginata, threatened;
S. Katahdin arctic, Oenis Oeneis polixenes Sec. 18. 12 MRSA §12803, sub-§3, ¶HHH is
katahdin, endangered; enacted to read:
Sec. 6. 12 MRSA §12803, sub-§3, ¶BB, as HHH. Saltmarsh sparrow, Ammodramus caudacu-
enacted by PL 2003, c. 573, §6 and affected by §8 and tus, endangered; and
c. 655, Pt. C, §§3 and 6, is amended to read:
Sec. 19. 12 MRSA §12803, sub-§3, ¶III is
BB. Tidewater mucket, Leptodea Atlanticoncha enacted to read:
ochracea, threatened; III. Tricolored bat, Perimyotis subflavus, threat-
Sec. 7. 12 MRSA §12803, sub-§3, ¶JJ, as en- ened.
acted by PL 2007, c. 166, §1, is repealed.
See title page for effective date.
Sec. 8. 12 MRSA §12803, sub-§3, ¶PP, as
enacted by PL 2007, c. 166, §1, is amended to read:
CHAPTER 61
PP. Purple lesser Arctic fritillary, Boloria chariclea
grandis, threatened; S.P. 46 - L.D. 74
Sec. 9. 12 MRSA §12803, sub-§3, ¶WW, as An Act to Update the
enacted by PL 2015, c. 121, §5, is amended to read: Responsibilities of the Clean-up
WW. Frigga fritillary, Boloria frigga saga, endan- and Response Fund Review
gered; Board
Sec. 10. 12 MRSA §12803, sub-§3, ¶ZZ, as Be it enacted by the People of the State of Maine
enacted by PL 2015, c. 121, §5, is amended to read: as follows:
272
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 61
Sec. 1. 38 MRSA §341-D, sub-§1-D is enacted Ground and Surface Waters Clean-up and Re-
to read: sponse Fund established under section 551. Rea-
sonable attorney's fees include only those fees in-
1-D. Rulemaking. The board shall adopt rules as
necessary for hearing appeals from insurance claims- curred from the time of an insurance claims-related
decision forward. Decisions of the board are sub-
related decisions of the commissioner and the State Fire ject to judicial review pursuant to Title 5, chapter
Marshal under section 568-A. Rules adopted pursuant
to this subsection are routine technical rules pursuant to 375, subchapter 7.
Title 5, chapter 375, subchapter 2-A. Sec. 5. 38 MRSA §568-A, sub-§2, as amended
by PL 2015, c. 319, §27, is further amended by amend-
Sec. 2. 38 MRSA §341-D, sub-§4, ¶C, as ing the first blocked paragraph to read:
amended by PL 2007, c. 661, Pt. B, §3, is further
amended to read: The commissioner shall make written findings of fact
C. License or permit decisions appealed to the when making a determination of deductible amounts
under this subsection. The commissioner's findings
board under another law. Unless the law provides may be appealed to the Clean-up and Response Fund
otherwise, the standard of review is the same as
provided under paragraph A; and Review Board, as provided in section 568‑B Board of
Environmental Protection as provided in section 341-D,
Sec. 3. 38 MRSA §341-D, sub-§4, ¶D, as subsection 2‑C 4, paragraph E. On appeal, the burden
amended by PL 2017, c. 334, §3, is further amended to of proof is on the commissioner as to which deductibles
read: apply.
D. License or permit decisions regarding an expe- Sec. 6. 38 MRSA §568-A, sub-§2-B, as en-
dited wind energy development as defined in Title acted by PL 2011, c. 206, §17, is amended to read:
35‑A, section 3451, subsection 4 or a general per- 2-B. Failure to pay deductibles. An order issued
mit pursuant to section 480‑HH or section 636‑A.
In reviewing an appeal of a license or permit deci- under subsection 1, paragraph F‑1 may be conditioned
on payment of the applicable deductibles. If an appli-
sion by the commissioner under this paragraph, the cant fails to pay the deductible amounts as determined
board shall base its decision on the administrative
record of the department, including the record of under subsection 2 within 180 days of receipt of a bill
from the department or within 180 days of a decision by
any adjudicatory hearing held by the department, the review board Board of Environmental Protection as
and any supplemental information allowed by the
board for supplementation of the record. The board provided in section 341-D or an appellate court uphold-
ing the determination, whichever is later, the commis-
may remand the decision to the department for fur- sioner may seek reimbursement from the applicant or
ther proceedings if appropriate. The chair of the
Public Utilities Commission or the chair's designee any other responsible party of all costs incurred by the
State in the removal, abatement and remediation of the
may serve as a nonvoting member of the board and discharge for which coverage was sought.
is entitled to fully participate but is not required to
attend meetings and hearings when the board con- Sec. 7. 38 MRSA §568-A, sub-§6, ¶C, as
siders an appeal pursuant to this paragraph. The amended by PL 2015, c. 319, §28, is further amended
chair's participation on the board pursuant to this to read:
paragraph does not affect the ability of the Public
C. Appeals of decisions made under this subsec-
Utilities Commission to submit information to the tion may be made to the Clean-up and Response
department for inclusion in the record of any pro-
ceeding before the department.; and Fund Review Board of Environmental Protection
as provided in section 341-D.
Sec. 4. 38 MRSA §341-D, sub-§4, ¶E is en- Sec. 8. 38 MRSA §568-B, as amended by PL
acted to read: 2019, c. 314, §§1 to 3, is further amended to read:
E. Decisions on insurance claims-related matters §568-B. Clean-up and Response Fund Review
heard under section 568-A, including but not lim-
ited to decisions on eligibility for coverage, eligi- Board created
bility of costs and waiver and amount of deducti- 1. Clean-up and Response Fund Review Board.
ble. Except as provided in board rules, an applicant The Clean-up and Response Fund Review Board, as es-
must file the appeal not later than the 30th day after tablished by Title 5, section 12004‑G, subsection 11‑A,
the applicant receives the decision made under sec- is created to hear and decide appeals from insurance
tion 568-A. If the board overturns the decision claims-related decisions under section 568‑A and mon-
made under section 568-A, the department must itor income and disbursements from the fund under sec-
pay reasonable costs, including reasonable attor- tion 551. The review board consists of 9 members ap-
ney's fees, incurred by the aggrieved applicant in pointed for 3-year terms as follows:
pursuing the appeal to the board from the Maine
273
PUBLIC LAW, C. 61 FIRST SPECIAL SESSION - 2023
A. One person representing the petroleum indus- D. To monitor income and disbursements from the
try, appointed by the Governor, who is a repre- fund under section 551 and adjust fees pursuant to
sentative of a statewide association of energy deal- section 551, subsection 4, paragraph F, as required
ers; to avoid a shortfall in the fund;
A-1. One person, appointed by the President of the E. To, at such times and in such amounts as it de-
Senate, who has expertise in oil storage facility de- termines necessary, and in consultation with the de-
sign and installation, oil spill remediation or envi- partment, direct the transfer of funds from the Un-
ronmental engineering; derground Oil Storage Replacement Fund to the
fund;
B. Two members of the public appointed by the
Governor who must have expertise in biological F. To review department priorities for disburse-
science, earth science, engineering, insurance or ments from the fund and make recommendations to
law and may not be employed in or have a direct the commissioner on how the fund should be allo-
and substantial financial interest in the petroleum cated;
industry;
G. To review and comment on the State's marine
C. The commissioner or the commissioner's oil spill contingency plan; and
designee; H. To review and monitor issues for oil spill pre-
D. The State Fire Marshal or the fire marshal's vention and response and recommend to the com-
designee; missioner any regulatory changes that are appropri-
ate.
F. One member familiar with oil spill technology
appointed by the Speaker of the House of Repre- 2-A. Meetings. The Clean-up and Response Fund
sentatives; Review Board shall meet 4 2 times per year unless the
review board votes not to hold an additional meeting or
G. One member with expertise in coastal geology, not to hold a meeting. Action may not be taken unless
fisheries biology, marine fisheries or coastal wild-
life habitat appointed by the President of the Sen- a quorum is present. A quorum is a majority of the
seated members.
ate; and
2-B. Chair. The review board shall annually
H. One member who is a licensed state pilot or a choose a member to serve as chair of the review board
licensed merchant marine officer appointed by the
Speaker of the House of Representatives. every 2 years.
An appointed member may not serve more than 2 con- 2-C. Appeals to review board. An applicant ag-
grieved by an insurance claims-related decision under
secutive 3-year terms. section 568‑A, including but not limited to decisions on
Members other than those described in paragraphs C eligibility for coverage, eligibility of costs and waiver
and D are entitled to reimbursement for direct expenses and amount of deductible, may appeal that decision to
of attendance at meetings of the review board or the ap- the Clean-up and Response Fund Review Board. The
peals panel. appeals panel is composed of the member appointed un-
der subsection 1, paragraph A‑1, the 2 members ap-
1-A. Vacancies on review board. An appointed pointed under subsection 1, paragraph B, the member
member continues to serve until that member has been
reappointed or a successor has been appointed except appointed under subsection 1, paragraph G and the
member appointed under subsection 1, paragraph H.
that, if the member has not been reappointed or a suc- The appeals panel shall hear and decide the appeal. Ac-
cessor has not been appointed one year after the mem-
ber’s term expires, the member may no longer continue tion may not be taken by the appeals panel unless a
quorum is present. A quorum is a majority of the seated
to serve. A vacancy occurring other than by expiration appeals panel members. Except as provided in review
of a term must be filled by appointment for the unex-
pired portion of the term. board rules, the appeal must be filed within 30 days af-
ter the applicant receives the decision made under sec-
2. Powers and duties of review board. The tion 568‑A. The appeals panel must hear an appeal at
Clean-up and Response Fund Review Board has the fol- its next meeting following receipt of the appeal unless
lowing powers and duties: the appeal petition is received less than 30 days before
the meeting or unless the appeals panel and the ag-
A. To hear appeals from insurance claims-related
decisions of the commissioner and the State Fire grieved applicant agree to meet at a different time. If
the appeals panel overturns the decision made under
Marshal under section 568‑A; section 568‑A, reasonable costs, including reasonable
B. To adopt rules in accordance with Title 5, chap- attorney's fees, incurred by the aggrieved applicant in
ter 375, subchapter 2 and guidelines necessary for pursuing the appeal to the review board must be paid
the furtherance of the review board's duties and re- from the fund. Reasonable attorney's fees include only
sponsibilities under this subchapter; those fees incurred from the time of an insurance
274
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 63
claims-related decision forward. Decisions of the ap- Sec. 5. 37-B MRSA §792, sub-§1, ¶E, as en-
peals panel are subject to judicial review pursuant to Ti- acted by PL 1989, c. 464, §3, is amended to read:
tle 5, chapter 375, subchapter 7.
E. The Commissioner of Transportation or the
2-D. Report; adequacy of fund. Beginning on commissioner's permanent designee;
April 15, 2015 and every other year thereafter, the Sec. 6. 37-B MRSA §792, sub-§1, ¶F, as en-
Clean-up and Response Fund Review Board, with the
cooperation of the commissioner, shall report to the acted by PL 1989, c. 464, §3, is amended to read:
joint standing committee of the Legislature having ju- F. The Director of the Maine Emergency Manage-
risdiction over natural resources matters on the depart- ment Agency or the director's designee, who shall
ment's and the review board's experience administering serve serves as chair;
the fund, clean-up activities and 3rd-party damage Sec. 7. 37-B MRSA §792, sub-§1, ¶G, as en-
claims. The report must include an assessment of the
adequacy of the fund to cover anticipated expenses and acted by PL 1989, c. 464, §3, is amended to read:
any recommendations for statutory change. To carry G. The Chief of the State Police or the chief's per-
out its responsibility under this subsection, the review manent designee;
board may order an independent audit of disbursements
from the fund.
Sec. 8. 37-B MRSA §801, sub-§2, ¶A, as en-
acted by PL 1989, c. 464, §3, is amended to read:
2-E. Staff support. The commissioner shall pro- A. Registering facilities, not to exceed $50 $100
vide the Clean-up and Response Fund Review Board
with staff support. per facility; and
See title page for effective date. See title page for effective date.
CHAPTER 62 CHAPTER 63
H.P. 63 - L.D. 95 H.P. 82 - L.D. 136
275
PUBLIC LAW, C. 63 FIRST SPECIAL SESSION - 2023
subsection does not apply if the only proceedings pend- parental rights with respect to a minor child
ing in the District Court involving custody or other pa- brought under Title 18‑C that would otherwise be
rental rights with respect to the minor child are protec- within the exclusive, continuing jurisdiction of the
tion from abuse or protection from harassment proceed- District Court under this subsection and may not
ings unless one of the other grounds for exclusive, con- transfer that matter to the District Court under par-
tinuing jurisdiction are met under this subsection. For agraph B if:
purposes of this subsection, a proceeding is pending if (1) At the time the proceeding under the
a complaint, petition or post-judgment motion has been
filed and the final judgment or final order on that com- Maine Juvenile Code or the proceeding in-
volving custody or other parental rights with
plaint, petition or post-judgment motion has not yet respect to the minor child that would otherwise
been issued.
trigger the District Court's continuing, exclu-
A. The District Court presiding over any matter in- sive jurisdiction is initiated, the testimonial
volving custody or other parental rights with re- hearing on the Title 18-C matter has concluded
spect to a minor child shall require all parties to dis- and the Probate Court has that matter under ad-
close whether they have knowledge of: visement; and
(1) Any interim or final order then in effect (2) The Probate Court has not determined that
concerning custody or other parental rights the District Court is the more appropriate fo-
with respect to the minor child; rum for the Title 18-C proceeding;
(2) Any proceeding under the Maine Juvenile Sec. 2. 4 MRSA §251-A, as enacted by PL
Code brought against the minor child pending 2015, c. 460, §4, is amended to read:
in the District Court or any proceeding involv-
§251-A. Other proceedings involving parental
ing custody or other parental rights with re- rights; transfer to District Court
spect to the minor child currently filed or pend-
ing before any court of this State or another 1. Disclosure of orders and proceedings. The
state, including before a probate court in this judge of probate presiding over any matter involving
State; or guardianship, adoption or change of name or another
matter involving custody or other parental rights with
(3) Any other related action currently filed or
pending before any court of this State or an- respect to a minor child shall require all parties to dis-
close whether they have knowledge of:
other state, including before a probate court in
this State. A. Any interim or final order then in effect con-
cerning custody or other parental rights with re-
B. If Except as provided in paragraph C, if the Dis-
trict Court presiding over any matter under the spect to the minor child, including any order of the
District Court terminating parental rights; appoint-
Maine Juvenile Code brought against a minor child ing a guardian, including a permanency, emer-
and any matter involving custody or other parental
rights with respect to a minor child becomes aware gency or interim guardian; awarding parental rights
to a 3rd party; or granting an adoption;
that a proceeding for guardianship, adoption or
change of name or another matter involving cus- B. Any proceeding under the Maine Juvenile Code
tody or other parental rights with respect to the mi- brought against the minor child pending in District
nor child under Title 18-C is pending in a probate Court or any proceeding involving custody or other
court in this State, the District Court shall notify the parental rights with respect to the minor child cur-
Probate Court and take appropriate action to facili- rently filed or pending before any court of this State
tate a transfer of the matter from the Probate Court;. or another state, including the District Court; or
If a matter is transferred to the District Court under
this paragraph, the District Court has continuing, C. Any other related action currently filed or pend-
ing before any court of this State or another state,
exclusive jurisdiction over the matter and over any including the District Court.
future proceedings for guardianship, adoption or
change of name or other matter involving custody 2. Transfer to District Court. If Except as pro-
or other parental rights with respect to the minor vided in subsection 3, if in a matter before the Probate
child brought under Title 18-C, except to the extent Court concerning a minor child a judge of probate be-
that the District Court's jurisdiction is precluded by comes aware that a proceeding under the Maine Juve-
the Uniform Child Custody Jurisdiction and En- nile Code brought against the minor child or a proceed-
forcement Act. ing involving custody or other parental rights with re-
spect to the minor child is pending in the District Court
C. Notwithstanding any provision of law to the
contrary, a probate court shall retain jurisdiction or that the minor child is or was the subject of a District
Court order terminating parental rights, appointing a
over an action for guardianship, adoption, change guardian, including a permanency, emergency or in-
of name or other matter involving custody or other
terim guardian, awarding parental rights to a 3rd party
276
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 64
or granting an adoption, the judge shall notify the Dis- proceeding; to consolidate a child protection proceed-
trict Court and take appropriate action to facilitate a ing with another matter; or to resolve a child protection
transfer of the matter to the District Court. If a matter proceeding through the entry of a parental rights and re-
is transferred to the District Court under this subsection, sponsibilities order, guardianship order or adoption or-
the District Court has continuing, exclusive jurisdiction der.
over the matter and over any future proceedings for
See title page for effective date.
guardianship, adoption or change of name or other mat-
ter involving custody or other parental rights with re-
spect to the minor child brought under Title 18-C, ex- CHAPTER 64
cept to the extent that the District Court's jurisdiction is
precluded by the Uniform Child Custody Jurisdiction H.P. 118 - L.D. 177
and Enforcement Act.
An Act to Amend the Authority
3. Exception to transfer. Notwithstanding any of the Public Utilities
provision of law to the contrary, a probate court shall
retain jurisdiction over an action for guardianship, Commission Regarding Access
adoption, change of name or other matter involving cus- to Information in Proceedings
tody or other parental rights with respect to a minor Involving Special Rate
child brought under Title 18‑C that would otherwise be Contracts
within the exclusive, continuing jurisdiction of the Dis- Be it enacted by the People of the State of Maine
trict Court under section 152, subsection 5-A and may as follows:
not transfer that matter to the District Court under sub-
section 2 if: Sec. 1. 35-A MRSA §1311-A, sub-§1, ¶F, as
enacted by PL 1997, c. 691, §5 and affected by §10, is
A. At the time the proceeding under the Maine Ju- amended to read:
venile Code or the proceeding involving custody or
other parental rights with respect to the minor child F. Notwithstanding any other provision of this sub-
that would otherwise trigger the District Court's section:
continuing, exclusive jurisdiction is initiated, the (1) The commission may deny all parties, in-
testimonial hearing on the Title 18-C matter has cluding the commission and its staff, access to
concluded and the Probate Court has that matter information if the commission finds that the
under advisement; and potential for harm from disclosure of the infor-
B. The Probate Court has not determined that the mation outweighs its probative value in the
District Court is the more appropriate forum for the proceeding; and
Title 18-C proceeding. (2) The commission may deny an attorney ac-
For purposes of this section, a proceeding is pend- cess to information under protective order if
ing if a complaint, petition or post-judgment motion has the commission finds that the attorney's re-
been filed and the final judgment or final order on that quest for access to the information is not made
complaint, petition or post-judgment motion has not yet in good faith or that the attorney will not re-
been issued. spect the terms of the protective order.; and
Sec. 3. 22 MRSA §4031, sub-§3, as amended (3) The commission may deny or limit access
by PL 2015, c. 296, Pt. C, §28 and affected by Pt. D, §1, by an attorney to information under protective
is further amended to read: order in a proceeding involving one or more
special contracts under section 703 if:
3. Scope of authority. The court shall consider
and act on child protection petitions regardless of other (a) The information is customarily re-
decrees regarding a child's care and custody. The re- garded as confidential business infor-
quirements and provisions of Title 19‑A, chapter 58 do mation and relates to the reasons for the
not apply to child protection proceedings. If custody or parties' entering into the special contract;
parentage is an issue in another pending proceeding, the and
proceedings may be consolidated in the District Court (b) The party represented by the attorney
with respect to the issue of custody, parentage or both. is not a party to the special contract with
In any event, the court shall make an order on the child the utility.
protection petition in accordance with this chapter. That
order takes precedence over any prior other order re- The commission may deny or limit access to
garding the child's care and custody. Nothing in this information by any attorney under this subpar-
subsection may be construed to limit the authority of the agraph after providing the attorney with an op-
District Court to determine parentage pursuant to sec- portunity to be heard and upon finding that the
tion 4005-F during the pendency of a child protection
277
PUBLIC LAW, C. 65 FIRST SPECIAL SESSION - 2023
potential for harm from disclosure of the infor- D. The repair complies with best management
mation outweighs the need for disclosure. practices required by the Department of Environ-
mental Protection; and
See title page for effective date.
E. The private road, way or bridge is maintained
by a road association organized under this subchap-
CHAPTER 65 ter or Title 13-B.
H.P. 174 - L.D. 276 1-A. Protection or restoration of protected nat-
ural resources through repairs to certain private
An Act to Assist Municipalities roads, ways, bridges or storm water management
in Preventing Damage from systems. For the purpose of protecting or restoring a
Storm Water protected natural resource, a municipality or a regional
community and economic development organization
Be it enacted by the People of the State of Maine may appropriate funds to repair a private road, way,
as follows: bridge or storm water management system to prevent
Sec. 1. 23 MRSA §3106, as amended by PL storm water runoff pollution from reaching a protected
2009, c. 501, §3, is further amended to read: natural resource if:
§3106. Municipal assistance for purposes of protect- A. The private road, way, bridge or storm water
ing or restoring a great pond natural re- management system is within the watershed of the
sources protected natural resource or is located within or
immediately adjacent to the protected natural re-
1. Repairs to a private road Protection or res- source;
toration of great ponds through repairs to private
roads, ways or bridges. For the purpose of protecting B. With respect to a protected natural resource that
or restoring a great pond, as defined in Title 38, section is a great pond only, the great pond satisfies the cri-
480‑B, subsection 5, a municipality may appropriate teria listed in subsection 1, paragraph B;
funds to repair a private road, way or bridge to prevent C. The Department of Environmental Protection,
storm water runoff pollution from reaching a great pond the municipality or the regional community and
if: economic development organization determines
A. The private road, way or bridge is within the that the private road, way, bridge or storm water
watershed of the great pond; management system is contributing to the degrada-
tion of water quality within or immediately adja-
B. The great pond: cent to the protected natural resource based upon
(1) Is listed on the Department of Environ- an evaluation of the road, way, bridge or storm wa-
mental Protection's list of bodies of water most ter management system using a protocol accepted
at risk pursuant to Title 38, section 420‑D, sub- by the department;
section 3; D. The repair complies with best management
(2) Has been listed as impaired in an inte- practices required by the Department of Environ-
grated water quality monitoring and assess- mental Protection; and
ment report submitted by the Department of E. The private road, way, bridge or storm water
Environmental Protection to the United States management system is located wholly or partially
Environmental Protection Agency pursuant to within or immediately adjacent to a military instal-
the federal Clean Water Act, 33 United States lation closed pursuant to the federal Defense Base
Code, Section 1315(b) at least once since Realignment and Closure Act of 1990.
2002; or
1-B. Definitions. As used in this section, unless
(3) Is identified as having threats to water the context otherwise indicates, the following terms
quality in a completed watershed survey that have the following meanings.
uses a protocol accepted by the Department of
Environmental Protection; A. "Protected natural resource" has the same
meaning as in Title 38, section 480-B, subsection
C. The Department of Environmental Protection or 8.
the municipality determines that the private road,
way or bridge is contributing to the degradation of B. "Regional community and economic develop-
the water quality of the great pond based upon an ment organization" means a quasi-governmental
evaluation of the road, way or bridge using a pro- entity established in statute for the purpose of ad-
tocol accepted by the department; dressing the development needs, problems and op-
portunities of municipalities and regions. "Re-
278
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 66
gional community and economic development or- (1) For a person informally admitted under
ganization" includes, but is not limited to, the Mid- section 3831, the chief administrative officer
coast Regional Redevelopment Authority estab- of the psychiatric hospital undertakes to secure
lished in Title 5, section 13083-G. the endorsement immediately upon execution
of the certificate by the examiner; and
2. Rules. The Department of Environmental Pro-
tection may adopt rules to carry out the purposes of this (2) For a person sought to be involuntarily ad-
section. Rules adopted pursuant to this subsection are mitted under this section, the person or persons
routine technical rules pursuant to Title 5, chapter 375, seeking the involuntary admission undertake
subchapter 2-A. to secure the endorsement immediately upon
execution of the certificate by the examiner.
See title page for effective date.
C. Notwithstanding paragraph B, subparagraphs
(1) and (2), a person sought to be admitted infor-
CHAPTER 66 mally under section 3831 or involuntarily under
S.P. 213 - L.D. 459 this section may be transported to a psychiatric hos-
pital and held there for evaluation and treatment
An Act to Update the pending judicial endorsement of the application
Procedures for Issuance of and certificate if the endorsement is obtained be-
tween the soonest available hours of 7:00 a.m. and
Orders Related to Involuntary 11:00 p.m.
Hospitalizations
D. A person who has been held against that per-
Be it enacted by the People of the State of Maine son's will for no more than 24 hours pursuant to
as follows: paragraph B may be held for a reasonable addi-
Sec. 1. 34-B MRSA §3801, sub-§12 is enacted tional period of time, not to exceed 48 hours, if:
to read: (1) The hospital has had an evaluation of the
12. Electronic endorsement. "Electronic en- person conducted by an appropriately desig-
dorsement" has the same meaning as "electronic signa- nated individual and that evaluation concludes
ture" in Title 4, section 17, subsection 18, paragraph A. that the person poses a likelihood of serious
harm due to mental illness;
Sec. 2. 34-B MRSA §3863, sub-§3, as
amended by PL 2015, c. 309, §3, is further amended to (2) The hospital, after undertaking its best ef-
read: forts, has been unable to locate an available in-
patient bed at a psychiatric hospital or other
3. Judicial review. The application and accompa- appropriate alternative; and
nying certificate must be reviewed by a Justice of the
Superior Court, Judge of the District Court, Judge of (3) The hospital has notified the department of
Probate or a justice of the peace, who may review the the name of the person, the location of the per-
original application and accompanying certificate or a son, the name of the appropriately designated
secure electronic or facsimile transmission of them. individual who conducted the evaluation pur-
suant to subparagraph (1) and the time the per-
A. If the judge or justice finds the application and son first presented to the hospital.
accompanying certificate to be regular and in
accordance with the law, the judge or justice shall E. If a person remains in a hospital for the full 48
endorse them and promptly send them to the admit- hours allowed under paragraph D, the person may
ting psychiatric hospital. For purposes of carrying be held for one additional 48-hour period, if:
out the provisions of this section, an endorsement (1) The hospital satisfies again the require-
transmitted by facsimile machine or an electronic ments of paragraph D; and
endorsement transmitted by secure electronic
means has the same legal effect and validity as the (2) The department provides its best efforts to
an original endorsement signed by the judge or jus- find an inpatient bed at a psychiatric hospital
tice. or other appropriate alternative.
B. A person may not be held against the person's See title page for effective date.
will in a hospital under this section, except that a
person for whom an examiner has executed the cer-
tificate under subsection 2 may be detained in a
hospital for a reasonable period of time, not to ex-
ceed 24 hours, pending endorsement by a judge or
justice, if:
279
PUBLIC LAW, C. 67 FIRST SPECIAL SESSION - 2023
280
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 72
§9-305-A. Timely payments from escrow and notice heritage, coastal habitat or real property that pro-
of sale or transfer of mortgage on real estate vides coastal water access.
1. Payments from escrow. A creditor, assignee or See title page for effective date.
servicer that holds or controls funds of a consumer in an
escrow account for the payment of taxes or insurance
premiums shall make timely payments from that escrow CHAPTER 71
account for a consumer credit transaction secured by a H.P. 377 - L.D. 600
mortgage on real estate. A creditor, assignee or servicer
is liable to the consumer for actual damages resulting An Act to Expand Availability
from failure to make timely payments from that escrow of Naloxone Hydrochloride
account. The creditor, assignee or servicer shall also
rectify the results of a failure to make timely payments, Be it enacted by the People of the State of Maine
including causing corrections of the consumer's credit as follows:
report and causing the discharge of any liens against the Sec. 1. 22 MRSA §2353, sub-§4, ¶C is en-
consumer's real estate. acted to read:
2. Notice of transfer or sale of mortgage on real C. With the express consent of a municipality, an
estate. A creditor, assignee or servicer that holds or overdose prevention program established under
controls funds of a consumer in an escrow account for this subsection may provide and maintain naloxone
the payment of insurance premiums for a consumer hydrochloride in a wall-mounted box or other visi-
credit transaction secured by a mortgage on real estate ble and accessible container on publicly accessible
shall notify the insurer that provides insurance coverage property of the municipality, including a municipal
for the real estate subject to the mortgage upon the sale building, public restroom, public library or public
or transfer of the mortgage. A creditor, assignee or ser- park or recreational facility, for use by a member
vicer may satisfy the notice requirement in this subsec- of the public in response to an opioid-related drug
tion by providing the insurer with a copy of the notice overdose.
of the sale or transfer of the mortgage sent to the con-
sumer. Sec. 2. 22 MRSA §2353, sub-§5, ¶C is en-
acted to read:
See title page for effective date.
C. A municipality or overdose prevention program
is immune from criminal and civil liability for
CHAPTER 70 providing or maintaining naloxone hydrochloride
H.P. 369 - L.D. 574 containers under subsection 4, paragraph C.
See title page for effective date.
An Act to Amend the Laws
Governing Working
Waterfront Covenants CHAPTER 72
Be it enacted by the People of the State of Maine H.P. 456 - L.D. 687
as follows:
An Act to Increase the
Sec. 1. 33 MRSA §131, sub-§2, as enacted by Allowable Width of a
PL 2005, c. 574, §1, is repealed and the following en- Snowplow
acted in its place:
Be it enacted by the People of the State of Maine
2. Qualified holder. "Qualified holder" or as follows:
"holder" means:
Sec. 1. 29-A MRSA §2380, sub-§8, ¶D, as
A. A governmental entity authorized to hold an in- enacted by PL 2019, c. 335, §8, is amended to read:
terest in real property;
D. Snowplows and equipment mounted on a vehi-
B. A nonprofit organization organized under state cle traveling from one work location to another
law whose purposes include the permanent protec- work location during a snow event, or traveling
tion of working waterfront or the enlargement of from the point of purchase to a storage location, as
working waterfront opportunities for commercial long as the vehicle does not exceed 108 126 inches
fisheries businesses; or in total width. For the purposes of this paragraph,
C. A nonprofit organization organized under state "snow event" means the period beginning 48 hours
law whose purposes or powers include retaining or
protecting coastal community values, culture or
281
PUBLIC LAW, C. 73 FIRST SPECIAL SESSION - 2023
before a snowstorm and ending 48 hours after the establishment as defined in section 2491, subsection 7
snowstorm. any meat or meat product as defined in section 2511 la-
beled or advertised as "grass-fed" or by similar desig-
See title page for effective date.
nation unless the ruminant animal was grass-fed.
For purposes of this subsection, the following terms
CHAPTER 73 have the following meanings.
S.P. 309 - L.D. 751 A. "Acceptable additional feed" means hay, hay-
lage, baleage, silage, crop residue without grain
An Act to Clarify the Powers of and other sources of roughage as well as routine
a Conservator to Transfer mineral and vitamin supplementation.
Property B. "Forage" means annual or perennial grasses,
Be it enacted by the People of the State of Maine forbs and other browse. "Forage" also includes ce-
as follows: real grain crops in the vegetative stage of growth.
Sec. 1. 18-C MRSA §5-414, sub-§1, ¶B, as C. "Grass-fed" means, with respect to meat or a
enacted by PL 2017, c. 402, Pt. A, §2 and affected by meat product, that the ruminant animal from which
PL 2019, c. 417, Pt. B, §14, is amended to read: the meat was derived:
B. Sell, encumber, convey or release an interest in, (1) Consumed only forage and acceptable ad-
sign or revoke a transfer on death deed for or sur- ditional feed during its lifetime with the excep-
render a lease to the primary dwelling of the indi- tion of milk consumed prior to its weaning;
vidual subject to conservatorship. For purposes of and
this paragraph, "transfer on death deed" has the (2) Had continuous access to pasture during
same meaning as in section 6-402, subsection 6; each growing season until slaughter.
See title page for effective date. A determination that meat or a meat product is mis-
branded may be waived by the commissioner upon ap-
CHAPTER 74 plication if the commissioner finds a waiver warranted
due to inadvertent exposure of the animal to nonforage
H.P. 523 - L.D. 834 feedstuffs or because incidental supplementation with
nonforage feedstuffs was necessary to ensure the
An Act to Ensure well-being of the animal during adverse environmental
Transparency in the Labeling or physical conditions.
of Meat as Grass-fed See title page for effective date.
Be it enacted by the People of the State of Maine
as follows:
CHAPTER 75
Sec. 1. 22 MRSA §2157, sub-§15, as enacted
by PL 2019, c. 528, §10 and corrected by RR 2019, c. H.P. 670 - L.D. 1034
1, Pt. A, §23, is amended by amending the first blocked
paragraph to read: An Act to Require That Service
of a Temporary Protection
For the purposes of this subsection, "hemp" has the Order Be Attempted Within 48
same meaning as in Title 7, section 2231, subsection
1‑A, paragraph D; or Hours from the Issuance of the
Order
Sec. 2. 22 MRSA §2157, sub-§16, as enacted
by PL 2019, c. 455, §1 and reallocated by RR 2019, c. Be it enacted by the People of the State of Maine
1, Pt. A, §22, is amended by amending the first blocked as follows:
paragraph to read: Sec. 1. 19-A MRSA §4114, sub-§11, as en-
As used in this subsection, "poultry," "poultry product," acted by PL 2021, c. 647, Pt. A, §3 and affected by Pt.
"meat" and "meat product" have the same meanings as B, §65, is amended to read:
in section 2511.; or 11. Service of protection from abuse order.
Sec. 3. 22 MRSA §2157, sub-§17 is enacted to Every law enforcement agency shall adopt a written
read: policy on the service of protection from abuse orders
that directs that every order issued under this chapter is
17. Grass-fed claims. If a person sells, offers for served on the subject of the order as quickly as possible,
sale or distributes within the State or sells, offers for including that service of every temporary, emergency or
sale or serves in any retail food establishment or eating
282
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 77
interim order issued under this chapter must be at- Maine Space Corporation, the Governor shall appoint 4
tempted within 48 hours after receiving notice of that members to a one-year term, 4 members to a 2-year
order from the court. Service of a protection from abuse term and 3 members to a 3-year term.
order that is not in compliance with a policy adopted Emergency clause. In view of the emergency
under this subsection does not affect the validity of the
service or the order. cited in the preamble, this legislation takes effect when
approved.
See title page for effective date.
Effective May 11, 2023.
CHAPTER 76 CHAPTER 77
S.P. 637 - L.D. 1605 S.P. 100 - L.D. 194
An Act to Amend the Terms of An Act to Update and Clarify
the Members of the Maine the Public Utilities
Space Corporation Board of Commission's Reporting
Directors by Requiring Requirements
Staggered Terms
Be it enacted by the People of the State of Maine
Emergency preamble. Whereas, acts and re- as follows:
solves of the Legislature do not become effective until
90 days after adjournment unless enacted as emergen- Sec. 1. 35-A MRSA §120, sub-§3, as amended
cies; and by PL 2001, c. 137, §1, is further amended to read:
Whereas, the Maine Space Corporation was es- 3. Regional issues. The commission's efforts un-
tablished by Public Law 2021, chapter 631; and dertaken in accordance with its authority under this Ti-
tle to promote and protect consumer interests through
Whereas, the Governor is directed to appoint 11 participation in and presentations before regional enti-
members to the corporation's board of directors, and ties and federal agencies with jurisdiction over regional
these appointments must be made as soon as possible in marketplaces that affect the State's consumers, includ-
order for the board of directors to convene and conduct ing, but not limited to, the efforts described in section
its business, including establishing bylaws for the cor- 1911. The commission must provide an assessment of
poration; and staffing requirements to undertake these responsibili-
Whereas, in the judgment of the Legislature, ties;
these facts create an emergency within the meaning of Sec. 2. 35-A MRSA §120, sub-§4, as amended
the Constitution of Maine and require the following leg- by PL 2009, c. 122, §8, is repealed.
islation as immediately necessary for the preservation
of the public peace, health and safety; now, therefore, Sec. 3. 35-A MRSA §120, sub-§6, as amended
by PL 2021, c. 236, §1, is further amended to read:
Be it enacted by the People of the State of Maine
as follows: 6. Significant developments. Any significant de-
velopments in the utility sectors or other areas of com-
Sec. 1. 5 MRSA §13203, sub-§4, ¶C, as en- mission oversight; including, but not limited to, the de-
acted by PL 2021, c. 631, §1, is amended by amending velopments described in the following provisions:
the first blocked paragraph to read:
A. Section 3195, subsection 5; and
The terms of the members of the board of directors
who are not ex officio members must be staggered B. Section 4706, subsection 9;
as specified in the bylaws of the corporation are ap- Sec. 4. 35-A MRSA §120, sub-§7, as enacted
pointed for 3-year terms. A vacancy must be filled by PL 2009, c. 122, §11, is amended to read:
in the same manner as the original appointment in
accordance with this paragraph for the balance of 7. Other. All other subjects that the commission
the unexpired term. A member of the board of di- is required to include in the annual report pursuant to
rectors continues to hold office until a successor is law., including, but not limited to, the following provi-
appointed and qualified, but the term of the succes- sions:
sor is not altered from the original expiration date A. Title 25, section 2927, subsection 5;
of the holdover member's term.
B. Section 3144, subsection 5;
Sec. 2. Staggered terms. Notwithstanding the
Maine Revised Statutes, Title 5, section 13203, subsec- C. Section 3214, subsection 6;
tion 4, paragraph C, with regard to the initial appoint- D. Section 3217, subsection 4;
ments of the members of the Board of Directors of the
283
PUBLIC LAW, C. 78 FIRST SPECIAL SESSION - 2023
E. Section 4706-B, subsection 4; and Sec. 10. 35-A MRSA §7508, sub-§4, as
amended by PL 2009, c. 122, §18, is repealed.
F. Section 6102-A, subsection 2.
See title page for effective date.
Sec. 5. 35-A MRSA §1911, as amended by PL
2015, c. 445, §7, is further amended to read:
§1911. Reports CHAPTER 78
The commission shall include in its annual report H.P. 296 - L.D. 479
under section 120, subsection 3 a description of its ef-
forts to pursue, in appropriate regional and federal fo- An Act to Amend the Laws
rums, market and rule changes that will reduce the basis Governing the Membership of
differential for natural gas coming into New England the Palliative Care and Quality
and data and analysis regarding leak emissions of of Life Interdisciplinary
greenhouse gases from liquefied natural gas storage that Advisory Council
has been contracted for through a physical energy stor-
age contract. Be it enacted by the People of the State of Maine
as follows:
Sec. 6. 35-A MRSA §3143, sub-§9, as enacted
by PL 2009, c. 539, §2, is repealed. Sec. 1. 22 MRSA §1726, sub-§2, ¶E, as en-
acted by PL 2015, c. 203, §2, is amended to read:
Sec. 7. 35-A MRSA §3210-C, sub-§3, as
amended by PL 2019, c. 476, §2, is further amended by E. Two persons appointed by the member of the
amending the 6th blocked paragraph to read: House of Representatives who is the leader of the
minority party in the House. One person must be a
By January 1st of each year, the commission shall sub- spiritual counselor with experience working with
mit a report to the joint standing committee of the Leg- persons with serious illnesses and their family
islature having jurisdiction over energy and utilities members. One person must represent persons 55
matters on the procurement of transmission capacity, years of age and older; and
capacity resources, energy and renewable energy cred-
its in the preceding 12 months under this subsection, the Sec. 2. 22 MRSA §1726, sub-§2, ¶F, as en-
Community-based Renewable Energy Act and deep- acted by PL 2015, c. 203, §2, is amended to read:
water offshore wind energy pilot projects under Public F. The executive director of the Maine Hospice
Law 2009, chapter 615, Part A, section 6, as amended Council, established in section 8611, who serves as
by Public Law 2013, chapter 369, Part H, sections 1 and a nonvoting member.; and
2 and chapter 378, sections 4 to 6. The report must con-
tain information, including, but not limited to, the num- Sec. 3. 22 MRSA §1726, sub-§2, ¶G is en-
ber of requests for proposals by the commission for acted to read:
long-term contracts, the number of responses to re- G. One person who is an individual receiving pal-
quests for proposals pursuant to which a contract has liative care, or a primary caregiver of an individual
been finalized, the number of executed term sheets or receiving palliative care, appointed by the Gover-
contracts resulting from the requests for proposals, the nor.
commission's initial estimates of ratepayer costs or sav-
ings associated with any approved term sheet, actual See title page for effective date.
ratepayer costs or savings for the previous year associ-
ated with any procurement, the total ratepayer costs or CHAPTER 79
savings at the time of the report and the megawatt-
hours, renewable energy credits or capacity produced or S.P. 264 - L.D. 596
procured through contracts. The report must include ac-
tual ratepayer costs or savings for the previous year as- An Act to Exempt Certain
sociated with any contract executed under the Conservation Lots from
Community-based Renewable Energy Act. The report Municipal Subdivision Review
must also include a plan for the succeeding 12 months
pertaining to the procurement of capacity resources, en- Be it enacted by the People of the State of Maine
ergy and renewable energy credits, including dates for as follows:
requests for proposals, and types of resources to be pro- Sec. 1. 30-A MRSA §4401, sub-§4, ¶J is en-
cured. acted to read:
Sec. 8. 35-A MRSA §3217, sub-§1, as J. Unless the intent of a transferor is to avoid the
amended by PL 2009, c. 122, §15, is repealed. objectives of this subchapter, the division of a tract
Sec. 9. 35-A MRSA §3607, as enacted by PL or parcel of land accomplished by the transfer of
2009, c. 329, Pt. A, §4, is repealed.
284
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 81
any interest in the land to a holder does not create A. Provide to applicants, enrollees and policyhold-
a lot or lots for purposes of this definition if: ers or certificate holders a summary of benefits and
an explanation of coverage that accurately describe
(1) The transferred interest, as expressed by
conservation easement, binding agreement, the benefits and coverage under the applicable plan
or coverage. A summary of benefits and an expla-
declaration of trust or otherwise, is to be per- nation of coverage must conform with the require-
manently held for one or more of the following
conservation purposes: ments of the federal Affordable Care Act; and
285
PUBLIC LAW, C. 82 FIRST SPECIAL SESSION - 2023
the Constitution of Maine and require the following leg- waive this requirement if the department determines
islation as immediately necessary for the preservation that the implementation of actions to reduce lead expo-
of the public peace, health and safety; now, therefore, sure or interim controls sufficiently protects the resi-
Be it enacted by the People of the State of Maine dents of the unit until full abatement is achieved. Pur-
suant to section 1321, subsection 3-A, the department
as follows: may order the owner to implement lead exposure reduc-
Sec. 1. 12 MRSA §6505-A, sub-§1-A, as en- tion actions or interim controls as determined by the de-
acted by PL 2013, c. 468, §24, is amended to read: partment with reasonable notice. The owner shall pay
reasonable moving expenses and any use and occu-
1-A. Licensed activity. The holder of an elver
fishing license or elver fishing license with crew may pancy charges for a substitute dwelling unit that exceed
the rent for the vacated dwelling unit for which the ten-
fish for, take or possess elvers. The holder of an elver ant remains responsible. "Substitute dwelling unit"
fishing license or elver fishing license with crew may
transport and sell within state limits elvers that the li- means a dwelling unit of like or similar accommodation
and in like or similar location that is lead-safe. If the
cense holder has taken. The holder of an elver fishing tenant fails to accept the substitute dwelling unit se-
license with crew is liable for the licensed activities un-
der this subsection of an unlicensed crew member as- lected by the owner while the owner is required to bring
the vacated dwelling unit into compliance with this Act
sisting that license holder pursuant to subsection 1‑B. or the tenant fails to remain current in rent pursuant to
Only the The license holder to whom a tag is issued or
the unlicensed crew member may empty an elver fyke the lease or tenancy at will under Title 14, section 6002,
including the statutory period of right to cure, the owner
net. is not obligated beyond 10 days after completion of re-
Emergency clause. In view of the emergency mediation to reimburse the tenant for any expense or in-
cited in the preamble, this legislation takes effect when convenience other than moving expenses and any use
approved. and occupancy charges for the substitute dwelling unit
Effective May 15, 2023. selected by the owner that exceed the rent for the va-
cated dwelling unit.
See title page for effective date.
CHAPTER 82
H.P. 15 - L.D. 11 CHAPTER 83
An Act to Strengthen H.P. 52 - L.D. 82
Temporary Protections for
Children Living in Dwellings An Act to Improve Access to
with Identified Lead Hazards Children's Behavioral Health
Services
Be it enacted by the People of the State of Maine
as follows: Be it enacted by the People of the State of Maine
as follows:
Sec. 1. 22 MRSA §1321, sub-§3-A is enacted
to read: Sec. 1. 34-B MRSA §1208, sub-§8, as enacted
by PL 2003, c. 673, Pt. SSS, §2, is repealed.
3-A. Notice to owner; interim controls. The de-
partment may order the owner to implement lead expo- See title page for effective date.
sure reduction actions or interim controls as determined
by the department with reasonable notice until the
owner is able to remove, replace or securely and perma- CHAPTER 84
nently cover lead-based substances. In order to deter- H.P. 64 - L.D. 96
mine the effectiveness of the actions taken or interim
controls, the department may inspect the dwelling, An Act to Ensure Release of
premises, residential child-occupied facility, child care Relevant Background
facility, premises of the family child care provider or Investigation Material to
nursery school;
Current Employers of Law
Sec. 2. 22 MRSA §1322, 2nd ¶, as amended Enforcement and Corrections
by PL 2003, c. 421, §9, is further amended to read: Officers
Until the owner brings any residential dwelling or Be it enacted by the People of the State of Maine
premises into compliance with this Act while a tenant is as follows:
occupying a dwelling unit, the owner shall move the
tenant to a substitute dwelling unit upon reasonable no- Sec. 1. 25 MRSA §2805-B, sub-§4, ¶B, as en-
tice. The department may, on a case-by-case basis, acted by PL 2021, c. 256, §1, is amended to read:
286
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 85
B. The applicant shall sign a request that an em- 3. Special veterans registration plates. The Sec-
ploying agency release all employment records to retary of State, on application and evidence of payment
a hiring agency. For the purposes of the employ- of the excise tax required by Title 36, section 1482 and
ment application, the request form must include a the registration fee required by section 501 or by section
waiver of any rights that the applicant has to the 504, subsection 1 for a vehicle with a registered gross
privacy of the employment records, including those weight over 10,000 pounds, shall issue a registration
rights related to the exchange of information result- certificate and a set of special veterans registration
ing from a background investigation or polygraph plates to be used in lieu of regular registration plates for
examination under subsection 5 between the em- a vehicle with a registered gross weight of not more than
ploying agency and the hiring agency. The request 26,000 pounds to any person who has served in the
form must be signed by the applicant and the sig- United States Armed Forces and who has been honora-
nature must be witnessed. The board shall adopt bly discharged or to a person who has served in the
rules establishing a standard request and waiver United States Armed Forces for at least 3 years and con-
form. Rules adopted pursuant to this paragraph are tinues to serve. If a person who qualifies for a special
routine technical rules as defined by Title 5, chap- veterans registration plate under this subsection is the a
ter 375, subchapter 2‑A. primary driver of 3 vehicles any vehicle, the Secretary
of State may issue in accordance with this section a set
Sec. 2. 25 MRSA §2805-B, sub-§5, as enacted of special veterans registration plates for each vehicle.
by PL 2021, c. 256, §2, is amended to read:
Each application must be accompanied by the appli-
5. Release of the results of a background inves-
tigation or polygraph examination. When a back- cant's Armed Forces Report of Transfer or Discharge,
DD Form 214, certification from the United States Vet-
ground investigation or polygraph examination has erans Administration or the appropriate branch of the
been performed on a law enforcement officer or correc-
tions officer and the results indicate probable cause to United States Armed Forces verifying the applicant's
military service and honorable discharge, or a letter
believe that the officer is or has been involved in crim- from the Department of Defense, Veterans and Emer-
inal activity, the head of the law enforcement agency,
correctional facility or county or regional jail that con- gency Management, Maine Bureau of Veterans' Ser-
vices verifying active duty military service and length
ducted the investigation or examination or for whom the of service.
investigation or examination was performed shall re-
lease the results of the investigation or examination to The Secretary of State shall recall a special veterans
the head of the law enforcement agency, correctional registration plate of a recipient who has been less than
facility or county or regional jail that employs the law honorably discharged from the United States Armed
enforcement officer or corrections officer. Forces.
The head of the law enforcement agency, correctional All surplus revenue collected for issuance of the special
facility or county or regional jail that conducted the registration plates is retained by the Secretary of State
background investigation or polygraph examination of to maintain and support this program.
the law enforcement officer or corrections officer, or for
The surviving spouse of a special veteran plate recipient
whom the investigation or examination was performed, issued plates in accordance with this subsection may re-
is immune from civil or criminal liability for releasing
information gathered during the investigation or exam- tain and display the special veteran plates as long as the
surviving spouse remains unmarried. Upon remarriage,
ination to the head of the law enforcement agency, cor- the surviving spouse may not use the special veteran
rectional facility or county or regional jail that employs
the law enforcement officer or corrections officer. plates on a motor vehicle, but may retain them as a
keepsake. Upon the death of the surviving spouse, the
See title page for effective date. family may retain the special veteran plates, but may
not use them on a motor vehicle.
CHAPTER 85 The Secretary of State may issue a special disability
registration plate for veterans in accordance with sec-
S.P. 67 - L.D. 128 tion 521, subsections 1, 5, 7 and 9. The special disabil-
ity registration plate for veterans must bear the Interna-
An Act to Remove the Limit on tional Symbol of Access.
Sets of Special Veterans
Registration Plates The Secretary of State may issue a set of special veter-
ans registration plates when the qualifying veteran is the
Be it enacted by the People of the State of Maine primary driver of a company-owned vehicle if:
as follows: A. The company is owned solely by a veteran who
Sec. 1. 29-A MRSA §523, sub-§3, as amended qualifies for a veteran plate under this section;
by PL 2017, c. 43, §2 and PL 2019, c. 377, §6, is further
amended to read:
287
PUBLIC LAW, C. 86 FIRST SPECIAL SESSION - 2023
B. The vehicle is leased by a veteran who qualifies The Secretary of State may not issue special commem-
for the veteran plate under this subsection; or orative decals under subsection 5 or 6 for use on special
veterans registration plates for a motorcycle.
C. The vehicle is leased by the employer of a vet-
eran who qualifies for the veteran plate and the em- See title page for effective date.
ployer has assigned the vehicle exclusively to the
veteran. The employer must attest in writing that
the veteran will have exclusive use of the vehicle CHAPTER 86
and agrees to the display of the special veteran S.P. 76 - L.D. 147
plate.
Sec. 2. 29-A MRSA §523, sub-§3-A, as An Act to Amend the Laws
amended by PL 2011, c. 356, §12 and PL 2019, c. 377, Regarding Certain Raffles
§6, is further amended to read: Conducted by Eligible
3-A. Motorcycle plates; veterans. In addition to Organizations
any plate issued pursuant to subsection 3, the Secretary Be it enacted by the People of the State of Maine
of State, on application and evidence of payment of the as follows:
excise tax required by Title 36, section 1482 and the
registration fee required by section 515, subsection 1, Sec. 1. 17 MRSA §1836, sub-§4, as amended
shall issue a registration certificate and a special veter- by PL 2019, c. 119, §2, is further amended to read:
ans registration plate for up to 3 any designated motor- 4. Tournament. The organization licensed to con-
cycles owned or controlled by a person who has served duct a tournament game under this section shall display
in the United States Armed Forces and who has been the rules of the tournament game and the license issued.
honorably discharged or to a person who has served in The maximum number of players allowed is 100 unless
the United States Armed Forces for at least 3 years and the tournament game is held on premises owned by the
continues to serve. licensee, in which case the maximum number of players
Each application must be accompanied by the appli- allowed is 300. Winners are determined by a process of
cant's Armed Forces Report of Transfer or Discharge, elimination. The use of currency is prohibited as part
DD Form 214, certification from the United States De- of tournament game play. The maximum entry fee to
partment of Veterans Affairs or the appropriate branch play in the tournament game is $100, except the organ-
of the United States Armed Forces verifying the appli- ization may add to the player entry fee to defray the cost
cant's military service and honorable discharge, or a let- of the license fee, as long as the total additional amount
ter from the Department of Defense, Veterans and collected from all players does not exceed $125. Only
Emergency Management, Maine Bureau of Veterans' one entry fee is permitted per person. A tournament
Services verifying active duty military service and game must be completed within 48 hours. Other games
length of service. of chance on the premises are prohibited during a tour-
nament game, except for high‑hand competitions under
The Secretary of State shall recall a special veterans subsection 7, lucky seven or similar sealed tickets and
registration plate of a recipient who has been less than no more than one 50/50 raffle per tournament with a
honorably discharged from the United States Armed prize value up to $1,000 $2,000. All prizes awarded in
Forces. accordance with this subsection must be paid in cash or
All surplus revenue collected for issuance of the special by check.
veterans registration plates is retained by the Secretary Sec. 2. 17 MRSA §1837-A, sub-§3, as
of State to maintain and support this program. amended by PL 2019, c. 129, §3, is further amended to
Upon request the Secretary of State shall issue special read:
veterans registration plates for a motorcycle that are 3. Raffle with a noncash prize greater than
also vanity plates. These plates are issued in accordance $2,500 but not greater than $10,000. Except for raf-
with this section and section 453. Vanity plates issued fles conducted by an eligible organization under subsec-
under this subsection may not duplicate vanity plates is- tion 4, a person or organization may conduct a raffle in
sued in another class of plate. which the total value of the prize offered to the holder
The surviving spouse of a recipient of a special veterans of the winning chance is greater than $2,500 and does
registration plate issued in accordance with this subsec- not exceed $10,000 upon the acceptance of a registra-
tion may retain and use the plate or plates as long as the tion by the Gambling Control Unit. The Gambling
surviving spouse remains unmarried. Upon remarriage, Control Unit may not accept a registration for a raffle
the surviving spouse may not use the plate or plates, but under this subsection unless the registration states a ver-
may retain them. Upon the death of the surviving ifiable charitable purpose for which the proceeds of the
spouse, the family may retain the plate or plates, but raffle are dedicated to benefit. If the raffle is conducted
may not use them. in a manner in which there are multiple winning
288
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 87
chances, the total value of all prizes offered may not ex- accordance with this section is considered a noncash
ceed a value of $10,000. A prize offered for a raffle prize and the total value of the lottery ticket is deter-
conducted under this subsection may not be in the form mined by the purchase price of the lottery ticket and not
of cash and, notwithstanding subsection 8, may not be by the potential or actual value of the lottery ticket win-
exchanged for cash. nings.
Sec. 3. 17 MRSA §1837-A, sub-§4, as Sec. 6. 17 MRSA §1839, sub-§1, as amended
amended by PL 2019, c. 129, §3, is further amended to by PL 2017, c. 284, Pt. KKKKK, §27, is further
read: amended to read:
4. Raffle with a noncash prize of up to $75,000 1. Records required. Each licensee or registrant
$150,000 or a cash prize of up to $20,000 $10,000 per shall keep a record of all financial transactions involv-
holder of a winning chance conducted by eligible or- ing games operated under this chapter. The Except for
ganization. An eligible organization as described in records kept by eligible organizations operating raffles
section 1832, subsection 2 may register with the Gam- under section 1837-A, the records must include an exact
bling Control Unit to conduct a raffle in which the total account of all gross revenue from the games, an itemi-
value of the prize or prizes awarded to the holder of a zation of all allowable expenses, including, but not lim-
winning chance or to the holders of the winning chances ited to, the cost of prizes, printing, licenses and admin-
does not exceed: istration, and the disposition of all proceeds, including,
A. Seventy-five thousand dollars Exceed $150,000 but not limited to, all gifts, grants and payments to any
person, firm, corporation, association or organization
that is not in the form of cash and, notwithstanding for any purpose whatsoever. All financial records in-
subsection 8, may not be exchanged for cash; or
volving games operated under this chapter must be sep-
B. Twenty thousand dollars in cash, with no In- arate and distinguishable from other records of the or-
clude more than one $10,000 cash prize for the ganization. Revenue from more than one game oper-
each holder of a winning chance. ated under this chapter may be entered into one account.
At the time of registration, the eligible organization See title page for effective date.
shall state a verifiable charitable purpose that the pro-
ceeds of the raffle are dedicated to benefit.
CHAPTER 87
Beginning December 1, 2024, the Gambling Control
Unit shall adjust every 2 years the noncash prize dollar H.P. 94 - L.D. 153
value based on the Consumer Price Index as reported by
the United States Department of Labor, Bureau of La- An Act to Allow Electronic
bor Statistics and rounded to the nearest amount divisi- Distribution of Certain
ble by $100. Documents to Municipalities
Sec. 4. 17 MRSA §1837-A, sub-§6, as enacted and Electronic
by PL 2019, c. 129, §3, is amended to read: Acknowledgment of Receipt of
Certain Documents as
6. Multiple raffles. An eligible organization as Acceptable Communications
described in section 1832, subsection 2 may conduct
more than one raffle at a time that meet the requirements Be it enacted by the People of the State of Maine
of subsections 2‑A, 3 and 4, except that an eligible or- as follows:
ganization may not conduct more than one registered Sec. 1. 30-A MRSA §701, sub-§3, as amended
raffle at the same time under subsection 4, paragraph A by PL 2007, c. 663, §2, is further amended to read:
and may not conduct more than one registered raffle at
the same time under subsection 4, paragraph B. This 3. Public hearing. The county commissioners
subsection does not prevent an eligible organization shall hold a public hearing in the county on these the
from conducting one registered raffle under subsection estimates before the end of the county's fiscal year.
4, paragraph A at the same time that the eligible organ- They At least 10 days before the hearing, the county
ization conducts one registered raffle under subsection commissioners shall publish a notice of the hearing at
4, paragraph B. When an eligible organization conducts least 10 days before the hearing in a newspaper of gen-
multiple raffles as permitted by this subsection, the eli- eral circulation within the county. Written and provide
gible organization is not required to begin and end those written notice and a copy of the estimates must be sent
raffles on the same dates. by mail or delivered in person to the clerk of each mu-
nicipality in the county at least 10 days before the hear-
Sec. 5. 17 MRSA §1837-A, sub-§8 is enacted ing by e-mail, regular mail or delivery in person to the
to read: clerk, except that the county commissioners shall pro-
8. Lottery ticket as noncash prize; total value. vide the written notice and a copy of the estimates by
A lottery ticket offered as a prize in a raffle held in
289
PUBLIC LAW, C. 87 FIRST SPECIAL SESSION - 2023
e-mail or regular mail if a municipality requests deliv- 3. Public hearing. The budget committee shall
ery by one of these methods. If the notice is delivered hold a public hearing in the county on its proposed
by e-mail or regular mail, the municipal clerk shall con- budget before the end of the county's fiscal year and be-
firm receipt of the notice and a copy of the estimates by fore the final adoption of the budget. Notice of the hear-
e-mail or regular mail. The municipal clerk shall notify ing must be given at least 10 days before the hearing in
the municipal officers of the receipt of the estimates. all newspapers of general circulation within the county.
Sec. 2. 30-A MRSA §725, sub-§4, as enacted Written notice and a copy of the proposed budget must
be sent by mail or delivered in person to the clerk of
by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and each municipality in the county in accordance with sec-
amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C,
§§8 and 10, is further amended to read: tion 701, subsection 3. The municipal clerk shall notify
the municipal officials of the receipt of the proposed
4. Public hearing on revised budget. The budget budget.
committee shall hold at least one additional public hear- Sec. 6. 30-A MRSA §764, as amended by PL
ing in the county on the proposed budget, as revised by
the budget committee, before the end of the county's fis- 2007, c. 663, §8, is further amended to read:
cal year and before the final adoption of the budget. No- §764. Public hearing
tice of the hearing must be given at least 10 days before
the hearing in all newspapers of general circulation The Hancock County commissioners shall hold a
public hearing on the budget estimate at least 90 days
within the county. Written notice and a copy of the pro- before the end of the county's fiscal year and an infor-
posed budget shall be mailed sent or delivered in person
to the clerk of each municipality in the county in mational meeting on the advisory committee's budget
estimates at least 30 days before the end of the county's
accordance with section 701, subsection 3. The munic- fiscal year. Pursuant to the requirements of section 701,
ipal clerk shall notify the municipal officials of the pro-
posed budget. subsection 3, written Written notice and a copy of the
estimates must be sent by mail or delivered in person to
Sec. 3. 30-A MRSA §739-B, sub-§3, as en- each member of the county legislative delegation in
acted by PL 1989, c. 475, §§1 and 2, is amended to read: accordance with section 701, subsection 3 at least 10
days before the informational meeting on the annual
3. Public hearing. The finance committee shall budget.
hold a public hearing in the county on its proposed
budget before the end of the county's fiscal year and be- Sec. 7. 30-A MRSA §825, sub-§4, as amended
fore the final adoption of the budget. Notice of the hear- by PL 2007, c. 663, §13, is further amended to read:
ing shall be given at least 10 days before the hearing in
all newspapers of general circulation within the county. 4. Public hearing. The county commissioners
shall hold a public hearing in the county on the proposed
Written notice and a copy of the proposed budget shall budget at least 30 days before the end of the county's
be sent by mail, or delivered in person, to the clerk of
each municipality in the county in accordance with sec- fiscal year and before the final adoption of the budget.
Notice of the hearing must be given at least 10 days be-
tion 701, subsection 3. The municipal clerk shall notify fore the hearing in all newspapers of general circulation
the municipal officials of the proposed budget.
within the county. Written notice and a copy of the pro-
Sec. 4. 30-A MRSA §742-A, sub-§4, as posed budget must be sent by mail or delivered in per-
amended by PL 2007, c. 663, §5, is further amended to son to the clerk of each municipality in the county and
read: to the members of the budget committee in accordance
with section 701, subsection 3. The municipal clerk
4. Public hearings. Public hearings on the pro- shall notify the municipal officials of the proposed
posed budget must be held by the budget advisory com-
mittee and county commissioners in each commission- budget and the date of the public hearing.
er's district at least one month prior to the beginning of Sec. 8. 30-A MRSA §833, sub-§3, as enacted
the fiscal year. Notice of these hearings must be given by PL 1993, c. 623, §1, is amended to read:
at least 10 days before the hearing in newspapers of gen-
3. Public hearing. The budget committee shall
eral circulation within the county. Written notice and a hold a public hearing in the county on the proposed
copy of the proposed budget must be sent by mail, or
delivered in person, to the clerk of each municipality in budget before the end of the county's fiscal year and be-
fore the final adoption of the budget. Notice of the hear-
the county in accordance with section 701, subsection ing must be given in all newspapers of general circula-
3. The municipal clerk shall notify the municipal offi-
cials of the receipt of the proposed budget and the date tion within the county at least 10 days before the hear-
ing. Written notice and a copy of the proposed budget
of the hearings. must be sent by mail, or delivered in person, to the clerk
Sec. 5. 30-A MRSA §753, sub-§3, as enacted of each municipality in the county in accordance with
by PL 1991, c. 257, is amended to read: section 701, subsection 3. The municipal clerk shall no-
tify the municipal officials of the proposed budget.
290
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 89
291
PUBLIC LAW, C. 89 FIRST SPECIAL SESSION - 2023
3-A. Residential care facilities serving adults disability, autism spectrum disorder, a related condition
with certain conditions. This subsection applies to a or an acquired brain injury, including a service provided
residential care facility that provides a setting for an under Title 22, section 3089, may not provide that ser-
adult with an intellectual disability, autism spectrum vice without a license issued by the department as pro-
disorder, as defined in Title 34-B, section 6002, subsec- vided by this section. This section applies to:
tion 1, a related condition, as defined in Title 34-B, sec-
A. A provider of services regarding case manage-
tion 5001, subsection 5-A, or an acquired brain injury. ment or care coordination, home support, commu-
A. A residential care facility to which this subsec- nity support, employment support, personal sup-
tion applies must obtain a license as provided by port and residential services; and
Title 34-B, section 1203-B.
B. A residential care facility that provides a setting
B. A license issued under this chapter before July for an adult with an intellectual disability, autism
1, 2024 to a residential care facility that provides a spectrum disorder, a related condition or an ac-
setting for an adult with an intellectual disability, quired brain injury.
autism spectrum disorder, a related condition or an
3. Full license. Full licenses under this section are
acquired brain injury continues in effect until the governed as follows.
license's expiration date, unless subject to the dis-
ciplinary authority of the department. A. The department may issue a full license to or
This paragraph is repealed July 1, 2026. renew a full license for an applicant that the depart-
ment determines has complied with all applicable
Sec. 4. 22 MRSA §7862, first ¶, as enacted by laws and rules.
PL 2003, c. 546, §1, is amended to read: B. A full license has a term not to exceed 2 years.
All Except as provided by subsection 2-A, all con- 4. Conditional license. Conditional licenses un-
tracts or agreements executed by providers of assisted
living services under this chapter and a consumer or the der this section are governed as follows.
legal representative of the consumer are subject to the A. The department may issue a conditional license
requirements of this section. to an agency applying for or renewing a full license
if:
Sec. 5. 22 MRSA §7862, sub-§2-A is enacted
to read: (1) The applicant fails to comply with appli-
2-A. Exception. This section does not apply to a cable laws and rules; and
contract for the provision of services in a setting for an (2) In the judgment of the department, the best
adult with an acquired brain injury, an intellectual disa- interests of the public would be served by is-
bility, autism spectrum disorder, as defined in Title suance of a conditional license.
34-B, section 6002, subsection 1, a related condition, as B. A conditional license has a term for a specified
defined in Title 34-B, section 5001, subsection 5-A.
period of time not to exceed one year or the remain-
Sec. 6. 34-B MRSA §1203-A, as amended by ing period of the full license, if the applicant has a
PL 2019, c. 113, Pt. C, §108, is further amended by full license and has applied for renewal, as deter-
amending the section headnote to read: mined by the department. The department shall de-
termine the period of the license based on the se-
§1203-A. Licenses for the provision of mental health verity of the laws or rules violated by the condi-
services
tional licensee. The department shall specify the
Sec. 7. 34-B MRSA §1203-B is enacted to read: conditions imposed by the department and when
the conditional licensee must comply with those
§1203-B. Licenses for agencies that provide services
to adults with certain conditions conditions.
1. Definitions. As used in this section, unless the C. If a conditional licensee fails to comply with
conditions imposed by the department, the depart-
context otherwise indicates, the following terms have ment may initiate proceedings to revoke, suspend
the following meanings.
or refuse to renew the conditional license in accor-
A. "Agency" means a firm, association, corpora- dance with Title 5, chapter 375.
tion or nonprofit organization.
5. Provisional license. Provisional licenses under
B. "Related condition" means a condition that this section are governed as follows.
meets the definition of 42 Code of Federal Regula- A. The department may issue a provisional license
tions, Section 435.1010 in effect January 1, 2023.
to an agency that:
2. License required. An agency that provides a
service, if the service provided is funded in whole or in
part by the department, to an adult with an intellectual
292
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 89
(1) Has not previously operated as an agency The department shall monitor each licensee for contin-
serving an individual with an intellectual disa- ued compliance with applicable laws and rules at least
bility, autism spectrum disorder, a related con- every 2 years.
dition or an acquired brain injury; 9. Confidentiality of records. A department rec-
(2) Complies with all applicable laws and ord that contains personally identifiable information or
rules, except those that can be complied with health information and that is created or obtained in
only once the applicant serves clients; and connection with the department's licensing or quality
(3) Demonstrates the ability to comply with all assurance powers under this section is confidential,
with the exceptions of a notice of deficiency, a plan of
applicable laws and rules by the end of the pro- corrective action and a final action with respect to a li-
visional license term.
cense or a quality assurance activity.
B. A provisional license has a term for a specified
period of time of at least 3 months but no longer 10. Right of entry; investigation. The depart-
ment has the right to enter and inspect the premises of
than 12 months, as determined by the department. an agency licensed by the department under this section,
6. Qualifications for license. The department an agency requesting a license from the department un-
shall establish qualifications for a license issued under der this section or an agency the department determines
this section, including qualifications regarding: is operating without a license required by this section.
A. General requirements; A. The department has the right to inspect and
B. Professional personnel; copy any books, accounts, papers, records and
other documents in order to determine the state of
C. Paraprofessional personnel; an agency's compliance with applicable laws and
D. Treatment, services and the coordination of rules.
treatment and services; B. The department must enter the premises at a rea-
sonable time.
E. Supervision of professional and nonprofes-
sional personnel; C. To inspect an agency that the department knows
or believes to be operating without a license, the
F. Organizational structure, including lines of au-
thority; department may enter only with the permission of
the owner or person in charge or with an adminis-
G. Clinical records; trative inspection warrant issued pursuant to the
H. Business records; and Maine Rules of Civil Procedure, Rule 80E by the
District Court authorizing entry and inspection. An
I. Other aspects of providing a service to an indi- owner or operator of an agency that is unlicensed
vidual with an intellectual disability, autism spec- may not interfere with, impede or obstruct an in-
trum disorder, a related condition or an acquired vestigation by the department.
brain injury that may be necessary to protect the
11. Enforcement. The following provisions gov-
public. ern enforcement of this section.
7. License not assignable or transferable. A li- A. When an applicant or licensee fails to comply
cense issued under this section is not assignable or
transferable. A license is immediately void if ownership with applicable laws and rules or a plan of correc-
tive action, the department may refuse to issue or
or control of the agency changes. renew the license or may impose one or more of the
8. Quality assurance and technical assistance. following sanctions if the department determines
The department may perform programmatic review of a that a sanction is necessary and appropriate to en-
licensee, monitor, audit and provide technical assis- sure compliance with applicable laws or rules or to
tance to a licensee and otherwise ensure that a licensee protect an individual served by an agency. The de-
is compliant with standards of operation set forth by the partment may direct the licensee or applicant to:
department. The department may:
(1) Stop all new admissions or intake of new
A. Issue a notice of deficiency for failure to comply clients, regardless of payment source, until the
with applicable state statutes or rules or federal reg- department determines that corrective action
ulations; and has been taken; and
B. Require licensees to submit and comply with ac- (2) Correct any deficiencies in a manner and
ceptable plans of corrective action to remedy the within a time frame that the department deter-
deficiency for which notice was issued under para- mines is appropriate to ensure compliance
graph A. with applicable laws or rules or to protect a cli-
ent of the licensee or applicant.
293
PUBLIC LAW, C. 90 FIRST SPECIAL SESSION - 2023
B. If, at the expiration of a full or provisional li- section is not required to obtain the license before July
cense or during the term of a full license, a licensee 1, 2024.
fails to comply with applicable laws and rules and,
This subsection is repealed July 2, 2024.
in the judgment of the department, the best interest
of the public would be served by the issuance of a Sec. 8. 34-B MRSA §5001, sub-§5-A is en-
conditional license, the department may issue a acted to read:
conditional license or change a full license to a con- 5-A. Related condition. "Related condition"
ditional license.
means a condition that meets the definition in 42 Code
C. A license issued under this section may be sus- of Federal Regulations, Section 435.1010 in effect Jan-
pended or revoked for violation of applicable laws uary 1, 2023.
and rules; committing, permitting, aiding or abet- Sec. 9. 34-B MRSA §5433, sub-§2, as
ting any illegal practices in the operation of the
agency; or conduct or practices detrimental to the amended by PL 2011, c. 542, Pt. A, §96, is further
amended to read:
welfare of persons living in or attending a facility
operated by the agency. 2. Services and programs. Provide and help fi-
nance adult developmental services and programs
D. When the department determines that a license
should be suspended or revoked, the department throughout the State for persons with intellectual disa-
bilities or autism spectrum disorder or related condi-
shall file a complaint with the District Court as pro- tions residing in the community and residing in pri-
vided in Title 5, chapter 375.
vately owned residential care facilities;
E. The department may petition the Superior Court
to appoint a receiver to operate an agency in the Sec. 10. 34-B MRSA §6002, as repealed and
replaced by PL 2007, c. 309, §1, is repealed and the fol-
same manner as for a long-term care facility under lowing enacted in its place:
Title 22, chapter 1666-A.
§6002. Autism spectrum disorder and autism de-
F. The department may impose a penalty on a li-
censee for a violation of this section. The depart- fined
ment shall establish a schedule of penalties accord- 1. Generally. "Autism spectrum disorder" or "au-
ing to the nature of the violation. Each day of vio- tism" means a neurodevelopmental disorder character-
lation constitutes a separate offense. ized by symptoms that typically present in the early de-
G. The department may impose a penalty on an velopmental period and result in clinically significant
impairment in social, occupational or other important
agency required to be licensed under this section areas of functioning, including:
that is operating without the required license. The
minimum penalty for operating without a license is A. Deficits in social communication and social in-
$500 per day but not more than $10,000 in total. teraction; and
12. Appeals. A person aggrieved by a final action B. Restricted repetitive behaviors, interests and ac-
of the department under this section may obtain judicial tivities.
review in accordance with Title 5, chapter 375. A final
2. Adult with autism spectrum disorder; adult
action for purposes of this subsection includes: with autism. "Adult with autism spectrum disorder" or
A. Issuing a conditional license; "adult with autism" means an adult who has received a
diagnosis that meets the diagnostic criteria of autism
B. Amending or modifying a license; spectrum disorder, as set forth in department rules.
C. Refusing to issue or renew a full license; See title page for effective date.
D. Refusing to issue a provisional license; and
E. Imposing a sanction. CHAPTER 90
13. Rules. The department shall adopt rules to im- H.P. 343 - L.D. 538
plement this section. Rules adopted pursuant to this sub-
section are routine technical rules as defined in Title 5, An Act Regarding the
chapter 375, subchapter 2‑A. Appointment of Expert
14. Transitional provisions. An agency that is Witnesses in Certain Family
otherwise required to obtain a license under this section Court Actions
or a residential care facility that provides a setting for
an adult with an intellectual disability, autism spectrum Be it enacted by the People of the State of Maine
disorder, a related condition or an acquired brain injury as follows:
that is otherwise required to obtain a license under this Sec. 1. 19-A MRSA §1653, sub-§6, ¶H is en-
acted to read:
294
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 93
295
PUBLIC LAW, C. 94 FIRST SPECIAL SESSION - 2023
296
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 97
Sec. 2. 22 MRSA §2430-G, sub-§4, as enacted in a dune primarily composed of gravel or cobble
by PL 2017, c. 452, §24, is amended to read: or directly adjacent to a beach that is primarily
gravel or cobble. Placement of allowable stabiliza-
4. Procedures for suspending or terminating
registration. The department shall adopt rules estab- tion materials containing or using gravel or cobble
must involve the use of gravel or cobble from the
lishing procedures for suspending or terminating the dune system or beach or gravel or cobble of a sim-
registration of a registered dispensary or a registered
caregiver that violates the provisions of this section or ilar texture and color of the gravel or cobble of the
dune system or beach.
the rules adopted pursuant to this subsection.
E. A project that will use or place stakes, anchors
Rules adopted pursuant to this subsection are routine or cables made from metal or other nonbiodegrada-
technical major substantive rules as defined in Title 5,
chapter 375, subchapter 2‑A. ble materials or fabrics, blankets or other stabiliza-
tion materials made from polylactic acid polymers
See title page for effective date. is not eligible for a permit by rule but may be issued
a permit under this article.
CHAPTER 97 The use or placement of allowable stabilization materi-
als within a coastal sand dune system in accordance
H.P. 295 - L.D. 478 with a permit or a permit by rule authorized by the de-
partment pursuant to this subsection is not considered a
An Act to Improve Coastal permanent structure under this article.
Sand Dune Restoration
Projects For the purposes of this subsection, "allowable stabili-
zation materials" means natural, plant-based biode-
Be it enacted by the People of the State of Maine gradable or compostable fabrics, erosion control blan-
as follows: kets, logs or rolls made from coir, jute, straw, polylactic
acid polymers or other similar materials, including ma-
Sec. 1. 38 MRSA §480-E, sub-§15 is enacted terials that contain or use gravel or cobble, discarded
to read: holiday trees, other trees fallen or washed up in proxim-
15. Coastal sand dune system restoration proj- ity to the site and stakes, anchors or cables used to se-
ects; stabilization materials. The department may au- cure those materials. For the purposes of this subsec-
thorize through a permit or a permit by rule under this tion, "native dune vegetation" means dune plant species
article a coastal sand dune system restoration project typically adapted to coastal sand dune systems in the
that uses allowable stabilization materials for the plant- State, including, but not limited to, American beach
ing of native dune vegetation as long as the project grass, Rosa virginiana, bayberry, beach pea, beach
meets the requirements of this subsection and satisfies heather and pitch pine.
all other applicable requirements for the permit or per- Sec. 2. Department of Environmental Pro-
mit by rule. tection; rulemaking. The Department of Environ-
A. Allowable stabilization materials may be used mental Protection shall initiate rulemaking, as neces-
or placed only above the highest annual tide as sary, to amend its rule Chapter 305: Natural Resources
measured at the time the project construction be- Protection Act – Permit by Rule Standards and its rule
gins. Allowable stabilization materials may be Chapter 355: Coastal Sand Dune Rules to ensure the
used or placed in high-velocity zones, or V-Zones, consistency of those rules with the Maine Revised Stat-
as identified by the United States Department of utes, Title 38, section 480-E, subsection 15. Notwith-
Homeland Security, Federal Emergency Manage- standing Title 38, section 480-AA or any other provi-
ment Agency in effective flood insurance rate maps sion of law to the contrary, the amendment of rule
under the National Flood Insurance Program. Chapters 305 and 355 by the department in accordance
with this section is routine technical rulemaking as de-
B. The slope of the constructed dune may not be fined in Title 5, chapter 375, subchapter 2-A.
steeper than the slope of the existing dune in which
the allowable stabilization materials are used or See title page for effective date.
placed.
C. Allowable stabilization materials must be used
or placed in a manner designed to encourage the
revegetation of the dune with native dune vegeta-
tion and must remain covered with sand and native
dune vegetation throughout and upon completion
of the project.
D. Allowable stabilization materials containing or
using gravel or cobble may be used or placed only
297
PUBLIC LAW, C. 98 FIRST SPECIAL SESSION - 2023
CHAPTER 98 CHAPTER 99
S.P. 249 - L.D. 581 H.P. 408 - L.D. 631
An Act to Assist Municipal An Act to Change the
Shellfish Conservation Notification Law for School
Programs Truancy
Be it enacted by the People of the State of Maine Be it enacted by the People of the State of Maine
as follows: as follows:
Sec. 1. 12 MRSA §6072-C, sub-§3-A, as en- Sec. 1. 20-A MRSA §5051-A, sub-§2, ¶C-1
acted by PL 2017, c. 159, §6, is amended to read: is enacted to read:
3-A. Educational courses. Prior to the issuance C-1. Notwithstanding paragraph C, a superinten-
or renewal of a limited-purpose aquaculture license, the dent may make 2 documented attempts to serve or
commissioner may require the applicant to complete cause to be served upon a parent the written notice
any educational courses the commissioner determines and may serve or cause to be served or attempt to
appropriate, except that an applicant that is exempt from serve or cause to be served upon a parent the writ-
payment of an application fee as provided in subsection ten notice by certified mail instead of registered
6-A may not be required to complete an educational mail.
course. Educational courses may be provided by the
department or by any public or private sector associa- This paragraph is repealed September 1, 2025.
tion or organization authorized by the commissioner. Sec. 2. 20-A MRSA §5051-A, sub-§2, ¶D-1
For any course provided by the department, the com- is enacted to read:
missioner shall set an enrollment fee sufficient to re-
D-1. Prior to notifying the local law enforcement
cover all costs incurred by the department in providing department under paragraph E-1, the superinten-
the course.
dent shall schedule at least one meeting as required
Sec. 2. 12 MRSA §6072-C, sub-§6, as under paragraph B-1 and may invite a local prose-
amended by PL 2021, c. 52, §16 and affected by §21, is cutor.
further amended to read: This paragraph is repealed September 1, 2025.
6. Fee. The Except as provided in subsection 6-A, Sec. 3. 20-A MRSA §5051-A, sub-§2, ¶E-1
the application fee for a resident limited-purpose aqua-
culture license is $100 and for a nonresident limited- is enacted to read:
purpose aquaculture license is $400. The application E-1. If, after 3 school days after the 2nd attempted
fee is nonrefundable. All fees collected under this sub- service of the notice referred to in paragraph C-1,
section must be deposited in the Aquaculture Research the student remains truant and the parent and stu-
Fund established in section 6081. dent refuse to attend the meeting scheduled accord-
ing to paragraph D-1, the superintendent shall re-
Sec. 3. 12 MRSA §6072-C, sub-§6-A is en- port the facts of the unlawful absence to the local
acted to read:
law enforcement department, which may proceed
6-A. Fee exemptions. The commissioner may not with an action to enforce section 5053-A against
assess an application fee for a limited-purpose aquacul- the parent unless the student is at once placed in an
ture license that is issued to: appropriate school or otherwise meets the require-
ments under section 5001-A.
A. A municipal shellfish management committee
established pursuant to section 6671, as long as the This paragraph is repealed September 1, 2025.
organisms cultured on the license site are not used
See title page for effective date.
for commercial purposes; or
B. A municipal officer for a municipal project, as
long as the organisms cultured on the license site CHAPTER 100
are not used for commercial purposes. H.P. 533 - L.D. 844
See title page for effective date.
An Act to Protect the Practice
of Certain Cardiovascular
Professionals
Be it enacted by the People of the State of Maine
as follows:
298
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 101
299
PUBLIC LAW, C. 102 FIRST SPECIAL SESSION - 2023
300
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 104
301
PUBLIC LAW, C. 105 FIRST SPECIAL SESSION - 2023
302
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 111
303
PUBLIC LAW, C. 112 FIRST SPECIAL SESSION - 2023
Whereas, in 2019, the 129th Legislature enacted Sec. 1. 20-A MRSA §2953, sub-§3 is enacted
Public Law 2019, chapter 370, which gave the Emer- to read:
gency Medical Services' Board the authority to deny,
3. Annual audit required. A private school ap-
refuse to renew or revoke an emergency medical ser- proved for tuition purposes that enrolls 60% or more
vices person’s license; and
publicly funded students shall, within 6 months after the
Whereas, prior to the enactment of Public Law end of the school's audit period, submit to the State Au-
2019, chapter 370, the Emergency Medical Services' ditor and the commissioner satisfactory proof that the
Board was not permitted to revoke emergency medical books, accounts, financial documents and reports of the
services licenses of emergency medical services per- school for the preceding fiscal year have been examined
sonnel, but instead was required to request the Office of and found to be in a satisfactory and accurate condition
the Attorney General to file a complaint with the Dis- with proper vouchers on file. The audit required under
trict Court to revoke a license; and this subsection must be conducted by the Office of the
State Auditor, a public accountant licensed to practice
Whereas, language in the prior law referencing in the State or an individual or firm the department has
the revocation pathway through the Office of the Attor-
determined is a competent auditor by training and expe-
ney General was not removed, which has created ambi- rience. The department shall adopt routine technical
guity; and
rules as defined in Title 5, chapter 375, subchapter 2-A
Whereas, it is imperative that this ambiguity be to implement this subsection.
resolved as soon as possible to clarify the Emergency
See title page for effective date.
Medical Services' Board's authority over the licensing
of emergency medical services personnel; and
Whereas, in the judgment of the Legislature, CHAPTER 113
these facts create an emergency within the meaning of S.P. 75 - L.D. 146
the Constitution of Maine and require the following leg-
islation as immediately necessary for the preservation An Act to Clarify Assessment
of the public peace, health and safety; now, therefore, of Penalties for Tattoo Artists,
Be it enacted by the People of the State of Maine Body Piercers, Electrologists
as follows: and Micropigmentation
Sec. 1. 32 MRSA §90-A, sub-§4, ¶D, as Practitioners and to Change
amended by PL 2001, c. 229, §7, is further amended to Requirements for the Approval
read: of Public Pool and Spa Plans
D. Except in the specific circumstances where Ti- Be it enacted by the People of the State of Maine
tle 5, section 10004 may be invoked, if the board or as follows:
its staff concludes that suspension beyond the au- Sec. 1. 22 MRSA §2662, sub-§4, as amended
thority conferred by section 88 or revocation of the by PL 2007, c. 631, §4, is further amended to read:
license is in order, the board or its staff shall request
the Attorney General to file a complaint in the Dis- 4. Residential spa. "Residential spa" means any
trict Court in accordance with Title 4, chapter 5 and constructed spa, permanently installed or portable, that
the Maine Administrative Procedure Act to com- is used in connection with a single or multifamily resi-
mence either full or emergency proceedings. dence, used by tenants of apartment buildings, owners
of condominiums or members of property owners asso-
Emergency clause. In view of the emergency ciations and available only to these residents and their
cited in the preamble, this legislation takes effect when private guests or used by guests of a lodging place as
approved. defined in section 2491, subsection 7-F that has 10 or
Effective June 1, 2023. fewer rooms or cottages.
Sec. 2. 22 MRSA §2665, 2nd ¶, as amended
CHAPTER 112 by PL 2007, c. 631, §7, is further amended to read:
H.P. 68 - L.D. 100 The design criteria to be followed by the depart-
ment in the review and approval is Submitted plans and
An Act to Require Annual specifications must be sealed by a licensed professional
Financial Audits of Certain engineer under Title 32, chapter 19 and must include a
statement by the engineer indicating that the plans and
Private Schools Approved for specifications meet the minimum standard for all pools
Tuition Purposes and the minimum standard for all spas published by the
Be it enacted by the People of the State of Maine
as follows:
304
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 114
American National Standards Institute and the Associ- 3. Schedule of penalties. The department shall
ation of Pool and Spa Professionals or successor organ- adopt major substantive rules in accordance with Title
izations as identified by the department by rule. 5, chapter 375, subchapter 2-A establishing a schedule
Sec. 3. 32 MRSA §1222, sub-§3, as enacted by of penalties according to the nature and duration of the
violation of this section.
PL 2013, c. 264, §8, is amended to read:
3. Civil Administrative penalty. A person who
Sec. 9. 32 MRSA §4327, sub-§1, as enacted by
PL 2013, c. 264, §17, is amended to read:
practices electrology without a license or who violates
the sterilization, sanitation or safety standards adopted 1. Penalty Administrative penalty. A person
by the department under this chapter commits a civil vi- who fails to be licensed as provided by section 4324,
olation for which a fine is subject to an administrative violates the sterilization, sanitation or safety standards
penalty, imposed by the department, of not less than adopted by the department under section 4326 or per-
$500 nor more than $1,000 may be adjudged for each forms body piercing on a minor without parental con-
violation. Each day the violation remains uncorrected sent under section 4323 commits a civil violation for
may be counted as a separate offense. which a fine is subject to an administrative penalty, im-
Sec. 4. 32 MRSA §1222, sub-§5 is enacted to posed by the department, of not less than $500 nor more
than $1,000 may be adjudged for each violation. Each
read: day the violation remains uncorrected may be counted
5. Schedule of penalties. The department shall as a separate offense.
adopt major substantive rules in accordance with Title
5, chapter 375, subchapter 2-A establishing a schedule Sec. 10. 32 MRSA §4327, sub-§4 is enacted to
read:
of penalties according to the nature and duration of the
violation of this section. 4. Schedule of penalties. The department shall
adopt major substantive rules in accordance with Title
Sec. 5. 32 MRSA §4204, sub-§1, as enacted by 5, chapter 375, subchapter 2-A establishing a schedule
PL 2013, c. 264, §14, is amended to read:
of penalties according to the nature and duration of the
1. Penalty Administrative penalty. A person violation of this section.
who fails to be licensed as required by this chapter, vi- See title page for effective date.
olates the sterilization, sanitation or safety standards
adopted by the Department of Health and Human Ser-
vices department under section 4251 or performs tattoo- CHAPTER 114
ing on a minor commits a civil violation for which a fine
is subject to an administrative penalty, imposed by the H.P. 111 - L.D. 170
department, of not less than $500 nor more than $1,000
may be adjudged for each violation. Each day the vio- An Act to Clarify the Authority
lation remains uncorrected may be counted as a separate of the Director of the Real
offense. Estate Commission to
Sec. 6. 32 MRSA §4204, sub-§4 is enacted to Investigate Complaints
read: Be it enacted by the People of the State of Maine
4. Schedule of penalties. The department shall as follows:
adopt major substantive rules in accordance with Title Sec. 1. 32 MRSA §13069, sub-§6, as amended
5, chapter 375, subchapter 2-A establishing a schedule by PL 2007, c. 402, Pt. BB, §15, is repealed and the fol-
of penalties according to the nature and duration of the lowing enacted in its place:
violation of this section.
6. Investigations. The director may, in accor-
Sec. 7. 32 MRSA §4318, sub-§1, as enacted by dance with this subsection, investigate the actions of
PL 2013, c. 264, §16, is amended to read: any licensee under this chapter, or any person or entity
1. Penalty Administrative penalty. A person that assumes to act in a capacity requiring a license un-
who fails to be licensed as provided by section 4312 or der this chapter, upon receipt of a written complaint or
violates the sterilization, sanitation or safety standards in accordance with the guidelines prescribed by the
adopted by the department under section 4313 commits commission by rule.
a civil violation for which a fine is subject to an admin- A. If the director receives a written complaint un-
istrative penalty, imposed by the department, of not less der this subsection, the director shall review the
than $500 nor more than $1,000 may be adjudged for complaint to determine whether the complaint de-
each violation. Each day the violation remains uncor- scribes a violation of law or rule that is within the
rected may be counted as a separate offense. authority of the commission to enforce. If the di-
Sec. 8. 32 MRSA §4318, sub-§3 is enacted to rector determines that a complaint does not de-
read: scribe a violation of law or rule that is within the
305
PUBLIC LAW, C. 115 FIRST SPECIAL SESSION - 2023
authority of the commission to enforce, the director prevent pregnancy and that the patient to whom the
shall notify the person who submitted the com- drug is prescribed may self-administer. "Self-
plaint of this determination. If the director deter- administered hormonal contraceptive" includes an
mines that the complaint does describe a violation oral hormonal contraceptive, a hormonal vaginal
of law or rule that is within the authority of the ring and a hormonal contraceptive patch.
commission to enforce, the director shall investi-
2. Authorization. A pharmacist may prescribe,
gate the actions described in the complaint. dispense or administer a self-administered hormonal
B. If the director undertakes an investigation under contraceptive or injectable hormonal contraceptive in
this subsection, either of a written complaint or in accordance with the requirements set forth in subsection
accordance with guidelines prescribed by the com- 3.
mission by rule, the director shall, upon completion 3. Requirements. In order to prescribe, dispense
of the investigation, take one of the following ac-
tions: or administer contraceptives under this section, a phar-
macist shall:
(1) With the commission's approval, dismiss
A. Successfully complete a training program ap-
the complaint; proved by the board related to prescribing, dispens-
(2) With the consent of the parties and subject ing and administering contraceptives that reflects
to approval of the commission and commis- evidence-based medical eligibility guidelines for
sion counsel, execute a consent agreement; or contraceptive use and best practices to counsel pa-
(3) Issue a staff petition for hearing before the tients;
commission, which may include a recom- B. Obtain a certificate of authorization issued by
mended disposition. the board pursuant to subsection 4;
See title page for effective date. C. Obtain a completed self-screening risk assess-
ment from a patient prior to counseling the patient
and issuing a prescription to the patient for a self-
CHAPTER 115 administered hormonal contraceptive or injectable
S.P. 158 - L.D. 351 hormonal contraceptive. The self-screening risk as-
sessment and counseling provided by a pharmacist
An Act to Increase Access to must be based on evidence-based medical eligibil-
Birth Control by Making ity guidelines for contraceptive use and best prac-
tices to counsel patients;
Certain Contraception
Accessible from a Pharmacist D. Refer the patient to the patient's practitioner
upon dispensing a self-administered hormonal con-
Be it enacted by the People of the State of Maine traceptive or administering an injectable hormonal
as follows: contraceptive or, if the patient does not have a
Sec. 1. 32 MRSA c. 117, sub-c. 12-A is en- practitioner responsible for the patient's regular
acted to read: care, advise the patient to consult a practitioner;
SUBCHAPTER 12-A E. Provide the patient with a written record of the
prescribed self-administered hormonal contracep-
PRESCRIBING, DISPENSING AND ADMINIS- tive or injectable hormonal contraceptive; and
TERING CONTRACEPTIVES
F. Dispense the self-administered hormonal con-
§13826. Authorization to prescribe, dispense and traceptive or administer the injectable hormonal
administer contraceptives contraceptive to the patient as soon as practicable
1. Definitions. As used in this subchapter, unless after the pharmacist issues the prescription.
the context otherwise indicates, the following terms 4. Certificate of authorization. A pharmacist shall
have the following meanings. apply in the form prescribed by the board and submit a
A. "Injectable hormonal contraceptive" means a certificate fee as set forth in section 13724 for a certifi-
drug composed of a hormone or a combination of cate of authorization to prescribe, dispense and admin-
hormones that is approved by the United States ister contraceptives pursuant to this section. The certif-
Food and Drug Administration to prevent preg- icate of authorization expires and is subject to condi-
nancy and that is administered by injection. tions in the same manner as in section 13734. The board
shall issue a certificate of authorization to a pharmacist
B. "Self-administered hormonal contraceptive" who holds a valid unrestricted license in this State and
means a drug composed of a single hormone or a who submits evidence acceptable to the board that the
combination of hormones that is approved by the pharmacist has completed the training described in sub-
United States Food and Drug Administration to section 3, paragraph A.
306
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 118
5. Rulemaking. The board shall adopt rules to im- States Department of Housing and Urban De-
plement the requirements of this section. Rules adopted velopment standards, meaning structures
pursuant to this subsection are routine technical rules as transportable in one or more sections, that in
defined in Title 5, chapter 375, subchapter 2-A. the traveling mode are 14 8 body feet or more
in width and 40 body feet or more in length or,
See title page for effective date. when erected on site, are 750 320 or more
square feet, and that are built on a permanent
CHAPTER 116 chassis and designed to be used as dwellings,
with or without permanent foundations, when
H.P. 276 - L.D. 443 connected to the required utilities including
the plumbing, heating, air conditioning or
An Act to Prohibit Marriage of electrical systems contained in the unit.
Any Person Under 17 Years of
(a) This term also includes any structure
Age that meets all the requirements of this sub-
Be it enacted by the People of the State of Maine paragraph except the size requirements
as follows: and with respect to which the manufac-
turer voluntarily files a certification re-
Sec. 1. 19-A MRSA §652, sub-§7, as amended quired by the Secretary of the United
by PL 2019, c. 340, §10, is further amended to read: States Department of Housing and Urban
7. Parties under 18 who are 17 years of age. A Development and complies with the
marriage license may not be issued to persons under 18 standards established under the National
who are 17 years of age without the written consent of Manufactured Housing Construction and
their parents, guardians or persons to whom a court has Safety Standards Act of 1974, United
given custody. In the absence of persons qualified to States Code, Title 42, Section 5401, et
give consent, the judge of probate in the county where seq.; and
each minor resides may grant consent after notice and See title page for effective date.
opportunity for hearing.
Sec. 2. 19-A MRSA §652, sub-§8, as amended
by PL 2019, c. 340, §11 and c. 535, §1, is further CHAPTER 118
amended to read: H.P. 457 - L.D. 688
8. Parties under 16 17 years of age. The clerk or
State Registrar of Vital Statistics may not issue a mar- An Act to Protect Access to
riage license to a person under 16 17 years of age. Veterinary Care by Prohibiting
See title page for effective date.
Noncompete Agreements
Be it enacted by the People of the State of Maine
as follows:
CHAPTER 117
Sec. 1. 26 MRSA §599-A, sub-§3, as enacted
S.P. 268 - L.D. 651 by PL 2019, c. 513, §1, is amended to read:
An Act to Amend the 3. Prohibited for certain workers. Notwith-
Standards for Manufactured standing subsection 2, an employer may not require or
permit an employee earning wages at or below 400% of
Housing to Comply with the federal poverty level to enter into a noncompete
United States Department of agreement with the employer. if:
Housing and Urban
Development Standards A. The employee is earning wages at or below
400% of the federal poverty level; or
Be it enacted by the People of the State of Maine
as follows: B. The employee is a veterinarian licensed under
Title 32, chapter 71-A and is employed in a veteri-
Sec. 1. 30-A MRSA §4358, sub-§1, ¶A, as nary facility in which the employee does not have
amended by PL 1995, c. 625, Pt. A, §35, is further an ownership interest.
amended by amending subparagraph (1) to read:
A court may not enforce a noncompete agreement
(1) Those units constructed after June 15, entered into or renewed with an employee who is a
1976, commonly called "newer mobile veterinarian licensed under Title 32, chapter 71-A
homes," that the manufacturer certifies are before the effective date of this paragraph unless
constructed in compliance with the United
307
PUBLIC LAW, C. 119 FIRST SPECIAL SESSION - 2023
308
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 123
309
PUBLIC LAW, C. 124 FIRST SPECIAL SESSION - 2023
310
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 126
311
PUBLIC LAW, C. 127 FIRST SPECIAL SESSION - 2023
of and in the course of employment, or for death result- beginning in the calendar year that the person uses a
ing from those injuries. These exemptions also apply to permit deferred.
occupational diseases sustained by an employee or for
For the purposes of this subsection, "next moose hunt-
death resulting from those diseases. These exemptions ing season" means the moose hunting season in the cal-
do not apply to an illegally employed minor as de-
scribed in section 408, subsection 2. endar year immediately following a person's selection
under subsection 9.
Sec. 2. 39-A MRSA §104-A is enacted to read: See title page for effective date.
§104-A. Liability for sexual harassment, sexual as-
sault or certain intentional torts
CHAPTER 128
1. Liability for sexual harassment, sexual assault
or certain intentional torts. An employee, supervisor, H.P. 552 - L.D. 886
officer or director of an employer is liable for sexual
harassment, sexual assault or an intentional tort related An Act to Allow Clerks to Issue
to sexual harassment or sexual assault. Absentee Ballots After the 3rd
2. Employer not liable. This section may not be Business Day Before Election
construed to impose liability on an employer for sexual Day to Voters with a Physical
harassment, sexual assault or an intentional tort related or Mental Disability and
to sexual harassment or sexual assault committed by an Certain Voters' Caregivers
employee, supervisor, officer or director of the em- Be it enacted by the People of the State of Maine
ployer. as follows:
3. Actions alleging employment discrimination Sec. 1. 21-A MRSA §753-B, sub-§2, ¶D, as
not prohibited or limited. This section does not pro- amended by PL 2021, c. 273, §18, is further amended
hibit or limit an action alleging employment discrimi- to read:
nation pursuant to the Maine Human Rights Act or Title
VII of the federal Civil Rights Act of 1964, Public Law D. To any voter, immediate family member or 3rd
88-352. person whose request was received in the munici-
pal office after the 3rd business day before election
See title page for effective date. day, unless the voter signs an application, designed
by the Secretary of State, stating one of the follow-
CHAPTER 127 ing reasons for requesting an absentee ballot after
the deadline:
H.P. 298 - L.D. 481
(1) Unexpected absence of the voter from the
An Act to Allow the Deferral of municipality during the entire time the polls
are open on election day;
a Moose Hunting Permit If
More than One Permit Is (2) Physical Self-certification as a voter with
Awarded Within the Same a physical or mental disability;
Household (3) Inability to travel to the polls if the voter
Be it enacted by the People of the State of Maine is a resident of a coastal an island ward or pre-
as follows: cinct; or
Sec. 1. 12 MRSA §11154, sub-§18 is enacted (4) An incapacity or illness that has resulted
to read: in the voter's being unable to leave home or a
treatment facility or has resulted in the voter's
18. Moose permit deferment; multiple permits caregiver's being unable to attend the polls
in single household. The commissioner may authorize during the entire time the polls are open on
a person who holds a valid moose permit to defer the election day; or
permit until the next moose hunting season in circum-
stances in which a member of that permit holder's See title page for effective date.
household also holds a valid moose permit for the same
hunting season. For the purposes of this subsection,
members of a household are limited to a grandparent,
parent, stepparent, child, stepchild, grandchild and
stepgrandchild sharing the same legal address. Under
this subsection, the person is ineligible to be selected for
another moose permit in accordance with subsection 5
312
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 131
313
PUBLIC LAW, C. 132 FIRST SPECIAL SESSION - 2023
Sec. 1. 29-A MRSA §2054, sub-§2, ¶F, as B. Authorized by the hospital or health care facil-
amended by PL 2021, c. 113, §1, is further amended by ity; and
amending subparagraph (2) to read:
C. Delegated in accordance with section 2594‑A
(2) The municipal officers or a municipal of- or, section 2594-E, subsection 4, section 3270‑A or
ficial designated by the municipal officers, section 3270-E, subsection 4.
with the approval of the fire chief, may autho-
rize an active member of a municipal or volun- Unless otherwise provided by law, an emergency med-
ical services person licensed under this chapter may not
teer fire department to use one red or combi- simultaneously act as a licensee under this chapter and
nation red and white flashing auxiliary light
mounted in the windshield or on the dashboard an assistant performing medical services delegated by a
physician in accordance with section 2594-A or section
at the front of the vehicle or 2 flashing red or 3270-A or by a physician assistant in accordance with
combination red and white auxiliary lights
mounted on the front of the vehicle above the section 2594-E, subsection 4 or section 3270-E, subsec-
tion 4.
front bumper and below the hood and one red
auxiliary light mounted in the rear window Sec. 2. 32 MRSA §2594-A, first ¶, as amended
area. In addition to the lights authorized under by PL 2019, c. 627, Pt. B, §11, is further amended to
this subparagraph, the municipal officers or read:
municipal official designated by the municipal
officers, with the approval of the fire chief, This chapter may not be construed as prohibiting a
physician from delegating to the physician's employees
may authorize an active member of a munici- or support staff certain activities relating to medical
pal or volunteer fire department to use one red
light bar no more than 8 no more than 12 care and treatment carried out by custom and usage
when these activities are under the direct control of the
inches in length on the roof of the vehicle so physician; the activities being delegated do not, unless
that the light is visible to approaching traffic
from the front and the rear of the vehicle. The otherwise provided by law, require a license, registra-
tion or certification to perform; the physician ensures
light or lights may be displayed but may be that the employees or support staff have the appropriate
used only while the member is en route to or at
the scene of a fire or other emergency. A light training, education and experience to perform these del-
egated activities; and the physician ensures that the em-
mounted on the dashboard or in the windshield ployees or support staff perform these delegated activi-
must be shielded so that the emitted light does
not interfere with the operator's vision. The ties competently and safely. The physician delegating
these activities to employees or support staff, to pro-
use of lights may be revoked at any time by the gram graduates or to participants in an approved train-
fire chief.
ing program is legally liable for the activities of those
See title page for effective date. individuals, and any individual in this relationship is
considered the physician's agent. Nothing contained in
this section may be construed to apply to registered
CHAPTER 132 nurses acting pursuant to chapter 31 and licensed phy-
S.P. 563 - L.D. 1396 sician assistants acting pursuant to this chapter or chap-
ter 48.
An Act to Clarify the Laws Sec. 3. 32 MRSA §2594-E, sub-§4, as
Regarding Delegating amended by PL 2019, c. 627, Pt. B, §12, is further
Authority for Services amended to read:
Performed by Emergency 4. Delegation by physician assistant. A physi-
Medical Services Personnel or cian assistant may delegate to the physician assistant's
Others as a Medical Assistant employees or support staff or members of a health care
Be it enacted by the People of the State of Maine team, including medical assistants, certain activities re-
as follows: lating to medical care and treatment carried out by cus-
tom and usage when the activities are under the control
Sec. 1. 32 MRSA §85, sub-§7, as amended by of the physician assistant; the activities being delegated
PL 2021, c. 587, §1, is further amended to read: do not, unless otherwise provided by law, require a li-
7. Delegation. This chapter may not be construed cense, registration or certification to perform; the phy-
to prohibit a person licensed as an emergency medical sician assistant ensures that the employees or support
services person from rendering medical services in a staff or members of a health care team have the appro-
hospital or other health care facility setting if those ser- priate training, education and experience to perform
vices are: these delegated activities; and the physician assistant
ensures that the employees or support staff perform
A. Rendered in the person's capacity as an em- these delegated activities competently and safely. The
ployee of the hospital or health care facility;
314
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 133
315
PUBLIC LAW, C. 134 FIRST SPECIAL SESSION - 2023
6. Eligibility; recovery residence; exception. A. A person may train dogs on foxes, snowshoe
The overseer in a municipality may not deny general hare, gray squirrels, red squirrels and raccoons
assistance to a person for the sole reason that the person from July 1st through the following March 31st, in-
is residing in a recovery residence. Beginning July 1, cluding Sundays.
2022, a municipality may not provide housing assis-
tance to a person residing in a recovery residence that Sec. 2. 12 MRSA §12051, sub-§3, as amended
by PL 2011, c. 253, §22, is further amended to read:
has not been certified in accordance with Title 5, section
20005, subsection 22, except that the person may re- 3. Possessing firearm while training dogs. A
ceive housing assistance while residing in an uncertified person may not possess a firearm while training a dog
recovery residence for one 30-day period only and the outside of the open training season on foxes, snowshoe
overseer shall inform the person of the requirements of hare, gray squirrels, red squirrels and raccoons as set out
this subsection. A person who is ineligible for housing in subsection 1, paragraph A.
assistance under this subsection may remain eligible to A. A person who violates this subsection commits
receive general assistance for other basic necessities.
Upon request by a person residing in a certified recov- a civil violation for which a fine of not less than
$100 nor more than $500 may be adjudged.
ery residence who has been determined eligible for
housing assistance, a municipality shall issue a housing B. A person who violates this subsection after hav-
assistance payment to the operator of the certified re- ing been adjudicated as having committed 3 or
covery residence instead of to a landlord. more civil violations under this Part within the pre-
vious 5-year period commits a Class E crime.
Emergency clause. In view of the emergency
cited in the preamble, this legislation takes effect when Emergency clause. In view of the emergency
approved. cited in the preamble, this legislation takes effect when
Effective June 8, 2023. approved.
Effective June 8, 2023.
CHAPTER 134
H.P. 336 - L.D. 531 CHAPTER 135
H.P. 8 - L.D. 4
An Act to Add Gray Squirrels
and Red Squirrels to the An Act to Update Provisions of
Species List for the Open the Department of Corrections
Training Season for Hunting Laws Regarding Operation and
Dogs Administration of Jails,
Emergency preamble. Whereas, acts and re- Women's Services and Juvenile
solves of the Legislature do not become effective until Detention
90 days after adjournment unless enacted as emergen- Be it enacted by the People of the State of Maine
cies; and as follows:
Whereas, this legislation adds gray squirrels and Sec. 1. 34-A MRSA §1001, sub-§8-A, as
red squirrels to the species list for the open training sea- amended by PL 2017, c. 148, §5, is further amended to
son for hunting dogs; and read:
Whereas, the earliest date of the open season for 8-A. Detention facility. "Detention facility"
training hunting dogs in this State is July 1, 2023; and means the Long Creek Youth Development Center and,
Whereas, this legislation must take effect in time to the extent it houses juveniles, the Mountain View
for the start of the hunting dog training season; and Correctional Facility.
Whereas, in the judgment of the Legislature, Sec. 2. 34-A MRSA §1208, sub-§6, as enacted
these facts create an emergency within the meaning of by PL 1983, c. 581, §§10 and 59, is repealed.
the Constitution of Maine and require the following leg- Sec. 3. 34-A MRSA §1208-B, sub-§4, as en-
islation as immediately necessary for the preservation acted by PL 2021, c. 732, Pt. C, §1, is amended to read:
of the public peace, health and safety; now, therefore,
4. Requirements; rulemaking by commissioner.
Be it enacted by the People of the State of Maine The jails shall operate in accordance with best practices
as follows: applicable to facilities of their type and size, including
Sec. 1. 12 MRSA §12051, sub-§1, ¶A, as re- the mandatory standards, policies and procedures estab-
pealed and replaced by PL 2013, c. 588, Pt. A, §16, is lished by rules adopted by the commissioner under sub-
amended to read: section 1 and standards adopted under section 1208, and
with the following requirements as set forth in rules
316
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 135
adopted by the commissioner. In adopting rules under C. Each jail shall provide mental health treatment,
this subsection and standards for the jails, the commis- including at a minimum providing a licensed clini-
sioner shall consider the advisory input of the County cian or licensed professional organization that will
Corrections Professional Standards Council established be available to assist an inmate who is a person re-
pursuant to Title 5, section 12004‑G, subsection 6‑D. ceiving mental health treatment. Mental health
treatment required by this paragraph may be pro-
A. Each jail shall participate in coordination of in-
mate transportation. Coordination of transporta- vided at the jail at which the person resides or at
another jail or correctional facility or by a service
tion may be provided by the jail at which the inmate provider or entity working under a contract with the
resides, by another jail or correctional facility or by
a person or entity working under a contract with the jail at which the person resides.
jail at which the inmate resides. D. Each jail shall provide community programs
and services as required by this subchapter, includ-
B. Each jail shall provide access to substance use ing at a minimum pretrial or conditional release, al-
disorder screening, assessment, medication, treat-
ment, recovery and reentry services, including at a ternative sentencing or housing programs and elec-
tronic monitoring.
minimum:
E. Each jail shall provide initial and ongoing train-
(1) Screening on intake using evidence-based ing and technical assistance for facility staff and
tools to assess the risk of overdose or with-
drawal and the person's history of substance health care practitioners on screening, assessment,
medication and treatment protocols for substance
use disorder and to determine initial treatment use disorder.
options;
(2) Medically managed withdrawal treatment
Sec. 4. 34-A MRSA §1210-F, first ¶, as en-
consistent with evidence-based medical stan- acted by PL 2021, c. 732, Pt. A, §4, is amended to read:
dards; The County Corrections Professional Standards
Council, established in Title 5, section 12004‑G, sub-
(3) All forms of medication for addiction section 6‑D and referred to in this section as "the coun-
treatment, including at least one of each for-
mulation of each United States Food and Drug cil," is established to evaluate and advise the commis-
sioner with regard to the composition of programs and
Administration-approved medication-assisted services required pursuant to section 1208‑B, subsec-
treatments for substance use disorder, includ-
ing alcohol use disorder and opioid use disor- tion 4; to advise the commissioner with regard to adopt-
ing rules and standards for the jails; to develop rules for
der, to ensure that each person receives the reporting to the department the information required in
particular formulation found to be the most ef-
fective at treating and meeting the person's in- section 1208‑B, subsection 5 and, beginning July 1,
2023, as required in section 1210‑E, subsection 6; to de-
dividual needs. Medication under this subpar- velop budget recommendations for the department re-
agraph must be offered for the duration of the
person's incarceration; lated to the County Jail Operations Fund established in
section 1210‑E, the recommendations for which must
(4) Behavioral treatment options, such as be submitted to the commissioner and the Governor as
group and individual counseling, and clinical part of the State’s biennial budget process; to make sup-
support; plemental county jail funding recommendations to the
department related to the fund as may be needed from
(5) Peer support services;
time to time to address shortfalls, emergencies or other
(6) Reentry planning and transitional support needs; and to consider the need for legislation regarding
such as coordination with community-based required programs, services and reporting and to submit
treatment and case management service pro- such legislation to the joint standing committee of the
viders and recovery organizations to ensure Legislature having jurisdiction over criminal justice and
reentry and continuity of care after release, in- public safety matters.
cluding appointments for services made prior Sec. 5. 34-A MRSA §1214-B is enacted to
to release; and
read:
(7) Assistance in obtaining health insurance
prior to release. §1214-B. Setoff of victim restitution against lottery
winnings
Substance use disorder services required by this
The department shall provide the Department of
paragraph may be provided at the jail at which the Administrative and Financial Services, Bureau of Alco-
person resides or at another jail or correctional fa-
cility or by a service provider or entity working un- holic Beverages and Lottery Operations, referred to in
this section as "the bureau," access to an electronic da-
der a contract with the jail at which the person re- tabase of all persons who owe victim restitution payable
sides.
317
PUBLIC LAW, C. 135 FIRST SPECIAL SESSION - 2023
through the department and imposed by a court pursu- Sec. 10. 34-A MRSA §3903, as repealed and
ant to Title 17-A, chapter 69. Before the payment of lot- replaced by PL 2019, c. 343, Pt. LLLL, §2, is amended
tery winnings by the bureau, the bureau shall determine to read:
whether the lottery winner owes victim restitution pay- §3903. Superintendent Warden
able through the department and imposed by a court
pursuant to Title 17-A, chapter 69. If the winner is de- 1. Chief administrative officer. The chief admin-
termined to owe victim restitution imposed by a court, istrative officer of the Downeast Correctional Facility is
the bureau must suspend payment of the winnings, pro- the superintendent warden of the Mountain View Cor-
vide notice to the winner of its intention to set off the rectional Facility, referred to in this subchapter as "the
winnings against the victim restitution owed and pro- superintendent warden," and is responsible to the com-
vide the winnings to the department in the amount owed missioner.
by the winner. The bureau shall release any remaining
2. Duties. In addition to other duties set out in this
winnings in accordance with state law. Title, the superintendent warden has the following du-
Sec. 6. 34-A MRSA §1215, as amended by PL ties.
2003, c. 451, Pt. K, §1, is repealed.
A. The superintendent warden shall exercise
Sec. 7. 34-A MRSA §1215-A is enacted to proper supervision over the employees, grounds,
read: buildings and equipment at the Downeast Correc-
§1215-A. Operation and review tional Facility.
The department shall operate its correctional and B. The superintendent warden shall supervise and
control the prisoners at the Downeast Correctional
detention facilities in accordance with best practices ap- Facility in accordance with departmental rules.
plicable to facilities of similar type and size. The depart-
ment shall have the operations of its facilities reviewed Sec. 11. 34-A MRSA §3904, sub-§2, as
at least once every 3 years by one or more nationally amended by PL 2019, c. 343, Pt. LLLL, §3, is further
recognized best practices reviewing bodies, including a amended to read:
nationally recognized accrediting body, and shall con-
2. Education. The superintendent warden shall
sider any resulting recommendations made by the re- maintain suitable courses for academic and career and
viewing body in determining how to operate the correc-
tional and detention facilities. technical education of the prisoners of the Downeast
Correctional Facility. The superintendent warden shall
Sec. 8. 34-A MRSA §3001, sub-§3 is enacted maintain necessary equipment and employ suitable
to read: qualified instructors as necessary to carry out the objec-
tives of the facility's programs.
3. Director of women's services. In addition to
the officers appointed under subsections 1 and 2, the Sec. 12. 34-A MRSA §3905, as amended by PL
commissioner may appoint a director of women’s ser- 2019, c. 343, Pt. LLLL, §4, is further amended to read:
vices to serve as the chief administrative officer of any §3905. Downeast Correctional Facility employees
adult correctional facility female housing units. The di-
rector of women’s services has all the powers and duties Employees of the Downeast Correctional Facility
of other department chief administrative officers, have the same power as sheriffs in their respective
whether described in this Title or in any other provision counties to search for and apprehend escapees from the
of statute. facility, when authorized to do so by the superintendent
Sec. 9. 34-A MRSA §3061, sub-§1, as warden.
amended by PL 2019, c. 113, Pt. C, §98, is further Sec. 13. 34-A MRSA §4102-A, as amended by
amended to read: PL 2017, c. 148, §11, is repealed.
1. Transfer. The commissioner may transfer any Sec. 14. 34-A MRSA §4103, as amended by PL
client from one correctional or detention facility or pro- 2017, c. 148, §§13 and 14, is further amended to read:
gram, including prerelease centers, work release cen- §4103. Superintendent Warden
ters, halfway houses, supervised community confine-
ment or specialized treatment facilities, to another. A 1. Chief administrative officer. The chief admin-
juvenile may not be transferred to another facility or istrative officer of the Mountain View Correctional Fa-
program for adult offenders and an adult offender may cility is called the superintendent warden and is respon-
not be transferred to another facility or program for ju- sible to the commissioner.
veniles, except that an adult offender may be housed in 2. Duties. In addition to other duties set out in this
the Long Creek Youth Development Center or the
Mountain View Correctional Facility pursuant to sec- Title, the superintendent warden has the following du-
ties.
tion 4117 or Title 17‑A, section 1611.
318
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 136
A. The superintendent warden shall exercise su- obtain the approval of the Department of Educa-
pervision over the employees, grounds, buildings tion.
and equipment at the Mountain View Correctional
See title page for effective date.
Facility.
B. The superintendent shall supervise and control
the juvenile detainees and juvenile clients at the CHAPTER 136
Mountain View Correctional Facility in accor- S.P. 31 - L.D. 39
dance with department rules.
C. The superintendent warden shall supervise and An Act to Amend the Maine
control the prisoners at the Mountain View Correc- Juvenile Code
tional Facility in accordance with department rules. Be it enacted by the People of the State of Maine
3. Powers. In addition to the powers granted in as follows:
this Title, the superintendent warden may appoint one Sec. 1. 15 MRSA §3003, sub-§14, as amended
assistant superintendent deputy wardens, subject to the by PL 2021, c. 326, §1, is further amended to read:
Civil Service Law. The assistant superintendent A dep-
uty warden has the powers, duties, obligations and lia- 14. Juvenile. "Juvenile" means a person who has
bilities of the superintendent warden when the superin- had not attained 18 years of age and a person 18 years
tendent warden is absent or unable to perform the su- of age or older during the period of a disposition that
perintendent's warden's duties. includes probation or commitment to a Department of
Corrections juvenile facility who was adjudicated be-
Sec. 15. 34-A MRSA §4104, as amended by PL fore 18 years of age. This definition does not apply to
2017, c. 148, §15, is repealed. a person whose disposition includes probation or com-
Sec. 16. 34-A MRSA §4105, as amended by PL mitment to a Department of Corrections juvenile cor-
2017, c. 148, §16, is repealed. rectional facility when that person engages in new crim-
inal conduct and is 18 years of age or older at the time
Sec. 17. 34-A MRSA §4106, as amended by PL of the new criminal conduct at the time the person al-
2017, c. 148, §17, is further amended to read: legedly committed a juvenile crime.
§4106. Powers of employees Sec. 2. 15 MRSA §3203-A, sub-§5, as
Employees of the Mountain View Correctional Fa- amended by PL 2021, c. 326, §3, is further amended to
cility have the same power as sheriffs in their respective read:
counties to search for and apprehend escapees from the 5. Detention hearing. The Department of Correc-
facility, when authorized to do so by the superintendent tions shall notify the Juvenile Court when a juvenile is
warden. detained and shall provide the court with the name and
Sec. 18. 34-A MRSA §4107, as amended by PL date of birth of the juvenile, the name of the arresting
2017, c. 148, §18, is repealed. law enforcement agency, the time of arrest, a descrip-
tion of the juvenile crimes for which the juvenile was
Sec. 19. 34-A MRSA §4108, as amended by PL arrested and, if available, the current telephone number
2017, c. 148, §19, is repealed. and e-mail address for the juvenile's parent or parents,
Sec. 20. 34-A MRSA §4111, as amended by PL guardian or legal custodian. Upon petition by a juvenile
2019, c. 155, §2, is repealed. community corrections officer who ordered the deten-
tion or an attorney for the State who ordered the deten-
Sec. 21. 34-A MRSA §4117, as amended by PL tion, the Juvenile Court shall review the decision to de-
2017, c. 148, §26, is repealed. tain a juvenile within 48 hours following the detention,
Sec. 22. 34-A MRSA §4118, sub-§3, as en- excluding Saturday, Sunday and legal holidays, except
acted by PL 2017, c. 148, §27, is amended to read: that if a juvenile is detained pursuant to subsection 7,
paragraph B‑5, the Juvenile Court shall review the de-
3. Education. The superintendent warden shall cision to detain the juvenile within 24 hours following
maintain suitable courses for academic and career and the detention, excluding Saturday, Sunday and legal
technical education of the prisoners. holidays. If the juvenile is not emancipated and the
A. The superintendent warden shall maintain nec- court has been provided a telephone number or e-mail
essary equipment and employ suitable qualified in- address for the juvenile's parent or parents, guardian or
structors as necessary to carry out the objectives of legal custodian, the Juvenile Court shall provide notice
the Mountain View Correctional Facility's pro- of the detention hearing to the juvenile's parent or par-
grams. ents, guardian or legal custodian. The court may con-
duct the detention hearing in the absence of the parent
B. Before employing instructors in career and tech- or parents, guardian or legal custodian if the court is un-
nical education, the superintendent warden shall able to provide notice to the parent or parents, guardian
319
PUBLIC LAW, C. 136 FIRST SPECIAL SESSION - 2023
or legal custodian or the parent or parents, guardian or 1. Imposition. Following the acceptance of an ad-
legal custodian fails to appear after receiving notice. mission of commission of a juvenile crime for which a
When a petition to review detention is filed, the Juve- juvenile is eligible for a deferred disposition under sec-
nile Court shall assign counsel to represent the juvenile. tion 3311‑A, the court may order disposition deferred to
The assignment must be reviewed at the juvenile's first a date certain or determinable and impose requirements
appearance before the Juvenile Court. If a juvenile pe- upon the juvenile to be in effect during the period of
tition with charges based on the conduct at issue in the deferment that are considered by the court to be reason-
detention hearing is filed, the assignment continues able and appropriate to meet the purposes of the Maine
with respect to the petition to review detention but must Juvenile Code. The court-imposed deferment require-
be reviewed at the juvenile's first appearance on the ju- ments must include a requirement that the juvenile re-
venile petition. frain from conduct that would constitute a juvenile
crime, crime or civil violation. Unless the juvenile
A. A detention hearing must precede and must be
separate from a bind-over or adjudicatory hearing. crime is one under section 3103, subsection 1, para-
graph B or C, the court-imposed deferment require-
Evidence presented at a detention hearing may in- ments may include that the juvenile abide by specific
clude testimony, affidavits and other reliable hear-
say evidence as permitted by the Juvenile Court conditional release requirements under supervision by a
juvenile community corrections officer. The court may
and may be considered in making any determina- not impose a requirement that the juvenile pay a super-
tion in that hearing.
vision fee. In exchange for the deferred disposition, the
B. Following a detention hearing, the Juvenile juvenile shall abide by the court-imposed deferment re-
Court shall order a juvenile's release, in accordance quirements. Unless the court orders otherwise, the de-
with subsection 4, unless it finds, by a preponder- ferment requirements are immediately in effect.
ance of the evidence, that continued detention is
necessary to meet one of the purposes of detention Sec. 4. 15 MRSA §3314, sub-§1, ¶H, as
amended by PL 2021, c. 330, §4, is further amended to
provided in that subsection. The Juvenile Court read:
shall ensure, by appropriate order, that any such
continued detention is otherwise in accordance H. The court may order the juvenile to serve a pe-
with the requirements of subsection 4. The Juve- riod of confinement that may not exceed 30 days,
nile Court may order that detention be continued with or without an underlying suspended disposi-
pending further appearances before the Juvenile tion of commitment to a Department of Corrections
Court or pending conditional release to a setting juvenile correctional facility, which confinement
satisfactory to the juvenile community corrections must be served concurrently with any other period
officer. of confinement previously imposed and not fully
C. Continued detention or conditional release may discharged or imposed on the same date but may be
served intermittently as the court may order and
not be ordered unless a Juvenile Court Judge or jus- must be ordered served in a facility approved or op-
tice of the peace has determined pursuant to sub-
section 4‑A or the Juvenile Court determines at the erated by the Department of Corrections exclu-
sively for juveniles. The court may order such a
detention hearing that there is probable cause to be- disposition to be served as a part of and with a pe-
lieve that the juvenile has committed a juvenile
crime. riod of probation that is subject to such provisions
of Title 17‑A, section 1807 as the court may order
D. When the Juvenile Court orders detention or a and that must be administered pursuant to Title
conditional release that authorizes, even temporar- 34‑A, chapter 5, subchapter 4. Revocation of pro-
ily, the juvenile's removal from the juvenile's bation is governed by the procedure contained in
home, the Juvenile Court shall determine whether subsection 2. Any disposition under this paragraph
reasonable efforts have been made to prevent or is subject to Title 17‑A, section 2305 except that a
eliminate the need for removal of the juvenile from statement is not required to be furnished and the
the juvenile's home or that no reasonable efforts are day-for-day deduction must be determined by the
necessary because of the existence of an aggravat- facility, but is not subject to Title 17‑A, section
ing factor as defined in Title 22, section 4002, sub- 2305, subsection 4 or 4‑A; section 2307, subsec-
section 1‑B, and whether continuation in the juve- tions 2, 3 and 4; section 2308, subsection 2; section
nile's home would be contrary to the welfare of the 2309, subsection 2; or section 2310, subsections 3,
juvenile. This determination does not affect 6 and 7. For purposes of calculating the com-
whether the Juvenile Court orders detention or a mencement of the The period of confinement,
conditional release, which continues to be gov- credit is accorded only for the portion of the first
erned by the other provisions of this section. day for which the juvenile is actually confined; the
commences on the date on which the juvenile is re-
Sec. 3. 15 MRSA §3311-B, sub-§1, as ceived into the facility to serve the period of con-
amended by PL 2011, c. 480, §2, is further amended to
finement, and that day is counted as the first full
read:
320
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 136
day of the period of confinement. The juvenile H, the court shall determine whether reasonable efforts
may not be released until the juvenile has served have been made to prevent or eliminate the need for re-
the full term of hours or days imposed by the court moval of the juvenile from the juvenile's home or that
at any time on the final day of the period of con- no reasonable efforts are necessary because of the ex-
finement. When a juvenile is committed for a pe- istence of an aggravating factor as defined in Title 22,
riod of confinement, the court shall determine section 4002, subsection 1‑B and whether continuation
whether reasonable efforts have been made to pre- in the juvenile's home would be contrary to the welfare
vent or eliminate the need for removal of the juve- of the juvenile. This determination does not affect
nile from the juvenile's home or that reasonable ef- whether the court orders a particular disposition upon a
forts are not necessary because of the existence of revocation of probation. If the juvenile is being de-
an aggravating factor as defined in Title 22, section tained for an alleged violation of probation, the court
4002, subsection 1‑B and whether continuation in shall review within 48 hours following the detention,
the juvenile's home would be contrary to the wel- excluding Saturdays, Sundays and legal holidays, the
fare of the juvenile. This determination does not decision to detain the juvenile. Following that review,
affect whether the court orders a period of confine- the court shall order the juvenile's release unless the
ment. court finds that there is probable cause to believe that
the juvenile has violated a condition of probation and
Sec. 5. 15 MRSA §3314, sub-§2, as amended finds, by a preponderance of the evidence, that contin-
by PL 2019, c. 113, Pt. C, §49, is further amended to
read: ued detention is necessary to meet one of the purposes
of detention under section 3203‑A, subsection 4, para-
2. Suspended disposition. The court may impose graph C. When a court orders continued detention, the
any of the dispositional alternatives provided in subsec- court shall determine whether reasonable efforts have
tion 1 and may suspend its disposition and place the ju- been made to prevent or eliminate the need for removal
venile on a specified period of probation that is subject of the juvenile from the juvenile's home or that no rea-
to such provisions of Title 17‑A, section 1807 as the sonable efforts are necessary because of the existence
court may order and that is administered pursuant to the of an aggravating factor as defined in Title 22, section
provisions of Title 34‑A, chapter 5, subchapter 4, except 4002, subsection 1‑B and whether continuation in the
that the court may not impose the condition set out in juvenile's home would be contrary to the welfare of the
Title 17‑A, section 1807, subsection 5 6. The court may juvenile. This determination does not affect whether
impose as a condition of probation that a juvenile must the court orders continued detention.
reside outside the juvenile's home in a setting satisfac- Sec. 6. 15 MRSA §3314-C, sub-§8 is enacted
tory to the juvenile community corrections officer if the
court determines that reasonable efforts have been made to read:
to prevent or eliminate the need for removal of the ju- 8. Payment and collection of restitution. Pay-
venile from the juvenile's home or that no reasonable ment of restitution by and collection of restitution from
efforts are necessary because of the existence of an ag- a juvenile must be in accordance with Title 17-A, sec-
gravating factor as defined in Title 22, section 4002, tions 2006, 2007, 2008, 2009, 2011, 2012, 2013, 2016,
subsection 1‑B, and that continuation in the juvenile's 2017 and 2018.
home would be contrary to the welfare of the juvenile.
Imposition of such a condition does not affect the legal
Sec. 7. 15 MRSA §3318-B, sub-§3 is enacted
to read:
custody of the juvenile.
3. Provision of reports. If, following the compe-
Modification of probation is governed by the proce-
dures contained in Title 17‑A, section 1804, subsections tency determination hearing provided in section
3318-A, subsection 7, the Juvenile Court refers the ju-
7 and 8. Termination of probation is governed by the venile to the Commissioner of Health and Human Ser-
procedures contained in Title 17‑A, section 1804, sub-
section 10. Revocation of probation is governed by the vices for evaluation and treatment, issues an order for
the commissioner to evaluate the juvenile or orders the
procedures contained in Title 17‑A, sections 1809 to juvenile into the custody of the commissioner pursuant
1812, except that this subsection governs the court's de-
terminations concerning probable cause and continued to this section, the Juvenile Court shall ensure that a
copy of the report of the State Forensic Service exam-
detention and those provisions of Title 17‑A, section iner or any other report considered for the competency
1812, subsection 6 allowing a vacating of part of the
suspension of execution apply only to a suspended fine determination is provided to the commissioner or the
commissioner's designee.
under subsection 1, paragraph G or a suspended period
of confinement under paragraph H. A suspended com- Sec. 8. 15 MRSA §3509 is enacted to read:
mitment under subsection 1, paragraph F may be modi-
§3509. Interstate Compact for Juveniles
fied to a disposition under subsection 1, paragraph H.
When a revocation of probation results in the imposi- When a juvenile who has left the care of the juve-
tion of a disposition under subsection 1, paragraph F or nile's parent or parents, guardian or legal custodian in
a period of confinement under subsection 1, paragraph
321
PUBLIC LAW, C. 137 FIRST SPECIAL SESSION - 2023
another state without the consent of the parent or par- consumer-owned water utility has adopted a watershed
ents, guardian or legal custodian, who has absconded control program pursuant to 40 Code of Federal Regu-
from probation or parole in another state, who has es- lations, Section 141.71 and that program has been ap-
caped from a detention or correctional facility in an- proved by the Department of Health and Human Ser-
other state or who is accused of an offense in another vices, any expenditures from the water supply protec-
state is found by a law enforcement officer in the State, tion fund pursuant to this section for the purposes of
the juvenile must be referred immediately to a juvenile watershed protection must be in conformity with that
community corrections officer and must be processed watershed control program. For purposes of this subsec-
according to the provisions of the Interstate Compact tion, "conservation easement" has the same meaning as
for Juveniles. in Title 33, section 476, subsection 1; "holder" has the
same meaning as in Title 33, section 476, subsection 2;
See title page for effective date. and "3rd-party right of enforcement" has the same
meaning as in Title 33, section 476, subsection 4.
CHAPTER 137 See title page for effective date.
H.P. 132 - L.D. 211
CHAPTER 138
An Act to Amend the Laws
Governing Water Supply H.P. 138 - L.D. 217
Protection Funds
An Act to Support
Be it enacted by the People of the State of Maine Manufacturers Whose
as follows: Products Contain
Sec. 1. 35-A MRSA §6113, sub-§3, as enacted Perfluoroalkyl and
by PL 1993, c. 30, §1 and amended by PL 2003, c. 689, Polyfluoroalkyl Substances
Pt. B, §6, is further amended to read:
Be it enacted by the People of the State of Maine
3. Use of water supply protection fund. Except as follows:
as provided in subsection 4, a water supply protection
fund may be used by a consumer-owned water utility Sec. 1. 38 MRSA §1614, sub-§2, ¶A, as en-
only for the acquisition of interests in real property rea- acted by PL 2021, c. 477, §1 and reallocated by RR
sonably necessary for the protection of a public water 2021, c. 1, Pt. A, §54, is amended to read:
supply in accordance with this subsection. A consumer- A. Beginning Except as provided in subsection 3,
owned water utility may use a water supply protection by January 1, 2023 2025, a manufacturer of a prod-
fund to acquire interests in real property reasonably uct for sale in the State that contains intentionally
necessary for the protection of the public water supply, added PFAS shall submit to the department a writ-
including, but not limited to, the acquisition of conser- ten notification that includes:
vation easements, access easements, other permanent
interests in land or long-term leases of at least 99 years. (1) A brief description of the product, includ-
A consumer-owned water utility may also use a water ing an estimate of the total number of units of
supply protection fund to assist a holder in acquiring a the product sold annually in the State or na-
fee interest in real property or a conservation easement tionally;
if that acquisition is reasonably likely to result in or con- (2) The purpose for which PFAS are used in
tribute to the protection of a public water supply. If a the product, including in any product compo-
consumer-owned water utility assists a holder in acquir- nents;
ing a conservation easement and the utility does not ac-
quire through the transaction a fee interest in the prop- (3) The amount of each of the PFAS, identi-
erty, consumer-owned water utility shall obtain a 3rd- fied by its chemical abstracts service registry
party right of enforcement with respect to that ease- number or in the absence of this number a de-
ment. If a consumer-owned water utility assists a holder scription approved by the department, in the
in acquiring a fee interest in real property, the utility product, reported as an exact quantity, or as the
shall acquire a conservation easement unless the holder amount of total organic fluorine if the amount
conveys a conservation easement to another holder, in of each PFAS compound is not known, deter-
which case the utility shall obtain a 3rd-party right of mined using commercially available analytical
enforcement with respect to that conservation easement. methods or based on information provided by
For purposes of this subsection, "protection of public a supplier as falling within a range approved
water supply" includes watershed protection, ground- for reporting purposes by the department;
water protection or wellhead protection reasonably nec- (4) The name and address of the manufacturer,
essary to minimize the potential for contamination of and the name, address and phone number of a
the consumer-owned water utility's water supply. If the contact person for the manufacturer; and
322
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 139
(5) Any additional information established by Sec. 5. Retroactivity. This Act applies retroac-
the department by rule as necessary to imple- tively to January 1, 2023.
ment the requirements of this section.
See title page for effective date.
Sec. 2. 38 MRSA §1614, sub-§2, ¶D is en-
acted to read:
CHAPTER 139
D. The requirements of this subsection do not ap-
ply to a manufacturer that employs 25 or fewer peo- H.P. 140 - L.D. 219
ple.
An Act Regarding Appeals of
Sec. 3. 38 MRSA §1614, sub-§4, as enacted by License or Permit Decisions of
PL 2021, c. 477, §1 and reallocated by RR 2021, c. 1,
Pt. A, §54, is amended to read: the Commissioner of
Environmental Protection
4. Exemptions. The following are exempt from
this section: Be it enacted by the People of the State of Maine
as follows:
A. A product for which federal law governs the
presence of PFAS in the product in a manner that Sec. 1. 38 MRSA §341-D, sub-§3, as repealed
preempts state authority; and and replaced by PL 2011, c. 304, Pt. H, §7, is amended
to read:
B. A package, as defined in Title 32, section 1732,
subsection 4, for a product subject to Title 32, chap- 3. Modification or corrective action. At the re-
ter 26‑A or 26‑B., except when the package is the quest of the commissioner and after written notice and
product of the manufacturer; and opportunity for a hearing pursuant to Title 5, chapter
375, subchapter 4, the board may modify in whole or in
C. A used product or used product component. part any license, or may issue an order prescribing nec-
Sec. 4. 38 MRSA §1614, sub-§7, as enacted by essary corrective action, whenever the board finds that
PL 2021, c. 477, §1 and reallocated by RR 2021, c. 1, any of the criteria in section 342, subsection 11‑B have
Pt. A, §54, is amended to read: been met. The board may modify a license or order cor-
rective action as authorized by this subsection at any
7. Failure to provide notice. A Beginning Janu- time, including during the pendency of a judicial appeal
ary 1, 2025, a person may not sell, offer for sale or dis- of a final decision regarding the license.
tribute for sale in the State a product containing inten-
tionally added PFAS if the manufacturer has failed to For the purposes of this subsection, "license" includes
provide the information required under subsection 2., any license, permit, order, approval or certification is-
except that this prohibition does not apply to: sued by the department.
A. The department may exempt a A product ex- Sec. 2. 38 MRSA §341-D, sub-§4, ¶A, as en-
empted from the prohibition under this subsection acted by PL 1989, c. 890, Pt. A, §13 and affected by
if by the department determines upon a determina- §40, is amended to read:
tion by the department that the use of PFAS in the A. Final license or permit decisions made by the
product is a currently unavoidable use.; commissioner when a person aggrieved by a deci-
B. The prohibition in this subsection does not ap- sion of the commissioner appeals that decision to
ply to a A retailer in the State unless the retailer the board within 30 days of the filing of the deci-
sells, offers for sale or distributes for sale in the sion with the board staff. The board staff shall give
State a product for which the retailer has received written notice to persons that have asked to be no-
a notification pursuant to subsection 8, paragraph tified of the decision. Any proposed supplemental
B that the sale of the product is prohibited.; evidence offered by an appellant must be included
with the filing of the appeal. The board may allow
C. A manufacturer exempted from the notification the record to be supplemented when it finds that the
requirement pursuant to subsection 2, paragraph D; evidence offered is relevant and material and that:
D. A product for which the department has waived (1) An interested party seeking to supplement
the notification requirement pursuant to subsection the record has shown due diligence in bringing
3; and the evidence to the licensing process at the ear-
E. A manufacturer that pursuant to subsection 3 liest possible time; or
has received from the department an extension of (2) The evidence is newly discovered and
the deadline for submission of the information re- could not, by the exercise of diligence, have
quired by subsection 2. The exception under this been discovered in time to be presented earlier
paragraph applies only for the duration of the ex- in the licensing process.
tension provided by the department.
323
PUBLIC LAW, C. 140 FIRST SPECIAL SESSION - 2023
The board may admit into the record supplemental section, the board or the commissioner may toll for the
evidence offered by a respondent in response to pendency of the judicial appeal the running of time for
proposed supplemental evidence offered by an ap- any deadline established in the license, permit or action
pellant and the issues raised on appeal. The board under appeal.
may admit into the record additional evidence and
analysis submitted by department staff in response See title page for effective date.
to issues raised on appeal or supplemental evidence
offered by an appellant, respondent or interested CHAPTER 140
party. The board is not bound by the commission-
er's findings of fact or conclusions of law but may S.P. 122 - L.D. 256
adopt, modify or reverse findings of fact or conclu-
sions of law established by the commissioner. Any An Act to Add Electric Bicycles
changes made by the board under this paragraph to the Electric Vehicle Rebate
must be based upon the board's review of the rec- Program
ord, any supplemental evidence admitted by the
board and any hearing held by the board; Be it enacted by the People of the State of Maine
as follows:
Sec. 3. 38 MRSA §342, sub-§11-B, as Sec. 1. 35-A MRSA §10126, sub-§1, ¶A-1 is
amended by PL 2017, c. 137, Pt. A, §4, is further
amended by amending the first blocked paragraph to enacted to read:
read: A-1. "Electric bicycle" has the same meaning as in
The commissioner may revoke or suspend a license as Title 29-A, section 101, subsection 22-B.
authorized by this subsection at any time, including dur- Sec. 2. 35-A MRSA §10126, sub-§3, as
ing the pendency of a judicial appeal of a final decision amended by PL 2021, c. 402, §3, is further amended to
regarding the license. For the purposes of this subsec- read:
tion, "license" includes any license, permit, order, ap-
proval or certification issued by the department and "li- 3. Rebate program established; eligibility. In
censee" means the holder of the license. accordance with the provisions of this section, the trust
shall establish and administer a program that provides
Sec. 4. 38 MRSA §344, sub-§9, as amended by rebates for the purchase or lease of electric vehicles. A
PL 2011, c. 538, §4, is further amended to read: person may apply for and, as resources within the fund
9. License or permit renewals, amendments, re- allow, receive a rebate for an electric vehicle, subject to
visions, condition compliance, surrenders and trans- eligibility requirements established by the trust. Eligi-
fers. For purposes of this section, a request for a license bility criteria for the vehicle must include that the vehi-
or permit renewal, amendment, revision, condition cle is: a battery electric vehicle or a plug-in hybrid elec-
compliance, surrender or transfer is considered an ap- tric vehicle; purchased, or leased from its original
plication that, unless specifically exempted by law, is equipment manufacturer or an authorized licensee of
subject to a decision by the department. the original equipment manufacturer or a licensed auto-
mobile dealer for a term of 36 months or more, in the
The commissioner may act on an application for a li- State; and, to the extent required by Title 29-A, chapter
cense or permit renewal, amendment, revision, condi- 5, registered in the State, except that a vehicle is not el-
tion compliance, surrender or transfer at any time, in- igible if it has. An automobile, as defined in Title 29-A,
cluding during the pendency of a judicial appeal of a section 101, subsection 7, with a gross vehicle weight
final decision regarding the license or permit. rating of 6,000 pounds or less, is not a truck or an off-
Sec. 5. 38 MRSA §346, sub-§1, as amended by road vehicle and is not eligible for the program if it has
PL 2009, c. 642, Pt. B, §3, is further amended to read: a manufacturer's suggested retail price greater than
$50,000. To the extent funds are available, the trust
1. Appeal to Superior Court. Except as provided may extend program eligibility to medium duty vehicles
in subsection 4 and section 347‑A, subsection 3 or 4, and heavy duty vehicles that are battery electric vehi-
any person aggrieved by any order or decision other fi- cles or plug-in hybrid electric vehicles and to electric
nal action of the board or commissioner may appeal to bicycles. Eligibility requirements for the recipient of
the Superior Court. These appeals to the Superior Court the rebate must include that the recipient attests to a
must be taken in accordance with Title 5, chapter 375, commitment to retain ownership, whether through pur-
subchapter 7. chase or lease, of the eligible electric vehicle for at least
Sec. 6. 38 MRSA §346, sub-§5 is enacted to 36 months from the date of purchase or lease. The trust
read: may require a recipient of a rebate under this section
who does not retain ownership of the eligible electric
5. Tolling of deadlines. When a license or permit vehicle for at least 36 months to repay the trust up to the
decision or other final action of the board or the com- full amount of the rebate. If the trust extends program
missioner is appealed to a court in accordance with this eligibility to electric bicycles, the trust shall limit the
324
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 142
electric bicycle rebates to recipients who are low- 4. Admission within one year of applying for ad-
income and moderate-income individuals and to entities mission on motion. An applicant who is an attorney
that serve those individuals, as determined by the trust. admitted to practice law in a state or territory of the
For a recipient to receive a rebate for the purchase of an United States or the District of Columbia who meets the
electric bicycle under the program, the electric bicycle requirements for admission on motion under the Maine
must serve as the recipient's principal means of com- Bar Admission Rules must be admitted to practice
muting, as determined by the trust. within one year from the date that the board of bar ex-
aminers receives the applicant's application. This period
The trust shall establish the rebate amount for each eli- may be extended by a 6-month period by the board of
gible electric vehicle. The trust shall establish rebate
amounts that it determines most effectively increase the bar examiners pursuant to the regulations of the board
of bar examiners and then by successive one-year peri-
purchase of eligible electric vehicles to advance the ods by a Justice of the Supreme Judicial Court on mo-
State's carbon reduction targets and reduce
transportation-related energy costs. For each model of tion for good cause shown during the 6-month period or
any succeeding one-year period.
an eligible electric vehicle, the trust may establish dif-
ferent rebate amounts based on the size of the vehicle See title page for effective date.
battery. The trust may establish different rebate
amounts for the purpose of providing reasonable oppor-
tunity for participation in the program across different CHAPTER 142
customer groups and geographic areas. The trust may H.P. 184 - L.D. 286
establish reasonable limits on the number of rebates per
vehicle or per person. An Act to Authorize the Use of
See title page for effective date. Tax Increment Financing
Funds for Constructing or
Renovating Local Central
CHAPTER 141 Administrative Offices
H.P. 169 - L.D. 264 Be it enacted by the People of the State of Maine
as follows:
An Act to Clarify the Process
for Admission to the Bar on Sec. 1. 30-A MRSA §5225, sub-§1, ¶C, as
Motion repealed and replaced by PL 2021, c. 676, Pt. A, §46, is
amended by amending subparagraph (10) to read:
Be it enacted by the People of the State of Maine
as follows: (10) Costs associated with broadband and fi-
ber optics expansion projects, including prep-
Sec. 1. 4 MRSA §805-A, sub-§2, ¶C, as cor- aration, planning, engineering and other re-
rected by RR 2021, c. 1, Pt. B, §23, is repealed. lated costs in addition to the construction costs
Sec. 2. 4 MRSA §805-A, sub-§2, ¶D is en- of those projects. If an area within a munici-
acted to read: pality or plantation is unserved with respect to
broadband service, as defined by the
D. Establishes that the applicant has satisfied all of ConnectMaine Authority as provided in Title
the other requirements under the Maine Bar Ad- 35‑A, section 9204‑A, subsection 1, broad-
mission Rules for the board to issue a certificate of band and fiber optics expansion projects may
qualification. serve residential or other nonbusiness or non-
Sec. 3. 4 MRSA §805-A, sub-§3, as corrected commercial areas in addition to business or
by RR 2021, c. 1, Pt. B, §23, is amended to read: commercial areas within the municipality or
plantation; and
3. Admission within one year of passing bar ex-
amination. The An applicant for admission by exami- Sec. 2. 30-A MRSA §5225, sub-§1, ¶C, as
nation must be admitted to practice within one year repealed and replaced by PL 2021, c. 676, Pt. A, §46, is
from the time date that the applicant has been notified amended by amending subparagraph (11) to read:
of that applicant's passing of the bar examination. This (11) Costs associated with the operation and
one-year period may be enlarged extended by succes- financial support of:
sive one-year periods by a Justice of the Supreme Judi-
cial Court on motion for good cause shown during the (a) Affordable housing in the municipal-
period. ity or plantation to serve ongoing eco-
nomic development efforts, including the
Sec. 4. 4 MRSA §805-A, sub-§4 is enacted to further development of the downtown tax
read: increment financing districts; and
325
PUBLIC LAW, C. 143 FIRST SPECIAL SESSION - 2023
(b) Housing programs and services to as- (5) To supplement any other program or fund
sist those who are experiencing homeless- that the commission determines would benefit
ness in the municipality or plantation as customers affected or potentially affected by
defined in the municipality's or planta- the violation.; or
tion's development program; and
Sec. 3. 35-A MRSA §117, sub-§3, ¶B, as
Sec. 3. 30-A MRSA §5225, sub-§1, ¶C, as amended by PL 2011, c. 27, §2, is further amended by
repealed and replaced by PL 2021, c. 676, Pt. A, §46, is enacting a new subparagraph (6) to read:
amended by enacting a new subparagraph (12) to read: (6) To supplement available funding sources
(12) Up to 50% of the capital costs related to for intervenor and participant funding pursuant
the construction or renovation of a municipal- to section 1310-A, subsection 2.
ity's or plantation's central administrative of-
fice, the need for which is related to general
Sec. 4. 35-A MRSA §1310-A, as enacted by PL
2021, c. 736, §2, is amended to read:
economic development within the municipal-
ity or plantation, not to exceed 15% of the cap- §1310-A. Intervenor and participant funding
tured assessed value of the development dis- 1. Qualification for funding. Consistent with
trict;
rules adopted by the commission pursuant to subsection
Sec. 4. 30-A MRSA §5225, sub-§2, as 3, the commission may order or provide funding in
amended by PL 2019, c. 148, §4, is further amended to accordance with subsection 2 to an intervenor in an ad-
read: judicatory proceeding or a participant in a nonadjudica-
tory commission proceeding upon a finding that:
2. Unauthorized project costs. Except as pro-
vided in subsection 1, paragraph C, subparagraph sub- A. The position of the intervenor or participant is
paragraphs (9) and (12) and subsection 1, paragraph D, not adequately represented by the Office of the
the commissioner may not approve as a project cost the Public Advocate or commission staff;
cost of facilities, buildings or portions of buildings used
predominantly for the general conduct of government B. The intervenor or participant is likely to sub-
stantially contribute to the proceeding and to assist
or for public recreational purposes, including, but not in the resolution of the issues raised in the proceed-
limited to, city halls and other headquarters of govern-
ment where the governing body meets regularly, court- ing; and
houses, jails and other state and local government office C. Participation in the proceeding by the interve-
buildings, recreation centers, athletic fields and swim- nor or participant would impose a significant finan-
ming pools. cial hardship on the intervenor or participant.
See title page for effective date. 2. Funding sources. If the commission finds pur-
suant to subsection 1 that an intervenor or participant in
a commission proceeding qualifies for funding, the
CHAPTER 143 commission may, except as provided in subsection 2-A
H.P. 246 - L.D. 395 and consistent with rules adopted by the commission
pursuant to subsection 3:
An Act to Expand Funding A. Order a utility involved in the commission pro-
Sources Within the Public ceeding to compensate the intervenor or partici-
Utilities Commission for pant. Compensation provided by a utility under
Intervenor and Participant this paragraph may be recovered in rates; or
Funding B. Provide compensation to the intervenor or par-
Be it enacted by the People of the State of Maine ticipant from the Public Utilities Commission Reg-
as follows: ulatory Fund established pursuant to section 116,
administrative penalties and filing fees, subject to
Sec. 1. 35-A MRSA §117, sub-§3, ¶B, as the commission's determination that funds are
amended by PL 2011, c. 27, §2, is further amended by available for that purpose.
amending subparagraph (4) to read:
2-A. Water utility exception. If the commission
(4) To supplement the telecommunications finds, pursuant to subsection 1, that an intervenor or
education access fund established pursuant to participant in a commission proceeding involving a wa-
section 7104‑B; or ter utility qualifies for funding, the commission may,
Sec. 2. 35-A MRSA §117, sub-§3, ¶B, as consistent with rules adopted by the commission, pro-
amended by PL 2011, c. 27, §2, is further amended by vide compensation to the intervenor or participant only
amending subparagraph (5) to read: from administrative penalties within the Public Utilities
Commission Reimbursement Fund in accordance with
326
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 144
327
PUBLIC LAW, C. 144 FIRST SPECIAL SESSION - 2023
American Numbering Plan Administrator or its succes- network service provider to ensure compliance with this
sor to contribute to a state universal service fund to sup- section.
port programs consistent with the goals of applicable
provisions of this Title and the federal Telecommunica-
Sec. 3. 35-A MRSA §7104-B, sub-§1, as
amended by PL 2011, c. 623, Pt. B, §§18 and 19, is fur-
tions Act of 1996, Public Law 104-104, 110 Stat. 56. A
voice network service provider is not required to con- ther amended to read:
tribute to the state universal service fund for telephone 1. Definitions. As used in this section, unless the
numbers that are acquired by the provider but are not context otherwise indicates, the following terms have
placed in service. Prior to requiring that voice network the following meanings.
service providers contribute to a state universal service A. "Qualified library" means a public library as de-
fund, the commission shall assess the telecommunica-
tions needs of the State's consumers and establish the fined in Title 27, section 110, subsection 10; a re-
search center as defined in Title 27, section 110,
level of support required to meet those needs. If the subsection 12; or a library that provides free public
commission establishes a state universal service fund
pursuant to this section, the commission shall contract access to all advanced telecommunications ser-
vices available at that library and whose collection
with an appropriate independent fiscal agent that is not serves as a statewide resource, if the commission
a state entity to serve as administrator of the state uni-
versal service fund. Funds contributed to a state univer- determines, in consultation with the Maine Library
Commission, that including that library as a quali-
sal service fund are not state funds. Rules and any state fied library is in the public interest.
universal service fund requirements established by the
commission pursuant to this section must: A-1. "North American Numbering Plan Adminis-
A. Be reasonably designed to maximize federal as- trator" has the same meaning as in section 7104,
subsection 1-A, paragraph A.
sistance available to the State for universal service
purposes; A-2. "Number placed in service" has the same
meaning as in section 7104, subsection 1-A, para-
B. Meet the State's obligations under the federal
Telecommunications Act of 1996, Public Law 104- graph B.
104, 110 Stat. 56; A-3. "Numbering plan area" has the same meaning
as in section 7104, subsection 1-A, paragraph C.
C. Be consistent with the goals of the federal Tel-
ecommunications Act of 1996, Public Law 104- B. "Qualified school" means a public school as de-
104, 110 Stat. 56; fined in Title 20‑A, section 1, subsection 24; a pri-
D. Ensure that any requirements regarding contri- vate school approved under Title 20‑A, section
2901 or 2951; or a school that provides free public
butions to a state universal service fund be nondis- access to all advanced telecommunications ser-
criminatory and competitively neutral;
vices available at that school, if the commission de-
G. Require, if a voice network service provider re- termines, in consultation with the Department of
covers its contributions under this section by means Education, that including that school as a qualified
of a charge placed on a bill issued to a customer, school is in the public interest.
explicit identification on that bill of any charge im-
posed under this section; and D. "Voice network service provider" means a
voice service provider that offers its subscribers the
H. Ensure that any fees or surcharges established means to initiate or receive voice communications
by or pursuant to this section are not imposed on using the public switched telephone network and
revenues received from or on prepaid wireless tel- includes a provider of interconnected voice over
ecommunications service transactions supported Internet protocol service required to register with
by federal universal service support funds pursuant the commission pursuant to section 7110, subsec-
to 47 Code of Federal Regulations, Part 54. This tion 2.
paragraph does not prohibit the imposition of fees
or surcharges with respect to revenues received
Sec. 4. 35-A MRSA §7104-B, sub-§2, as
amended by PL 2017, c. 244, §1, is further amended to
from consumers for optional services that are not
supported by federal universal service support read:
funds. 2. Authority. Pursuant to the authority granted in
section 7104 and in order to carry out the policy goals
For purposes of this section, "voice network service established by section 7101, subsections 1, 2 and 4, the
provider" means a voice service provider that offers its
subscribers the means to initiate or receive voice com- commission shall establish a telecommunications edu-
cation access fund, referred to in this section as the
munications using the public switched telephone net- "fund," "the fund," and require all voice network service
work. Rules adopted under this subsection are routine
technical rules as defined in Title 5, chapter 375, sub- providers providing service in the State using numbers
placed in service for the State's numbering plan area
chapter 2‑A. The commission may investigate a voice
328
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 145
from the North American Numbering Plan Administra- Regulations, Part 52 in effect on December 16, 2022 in
tor or its successor to contribute to the fund. A voice order to maximize numbering resources.
network service provider is not required to contribute to
5. Rules. The commission may adopt rules to im-
the fund for telephone numbers that are acquired by the plement the requirements of this section. Rules adopted
provider but are not placed in service. The fund must
be available, with any accumulated interest, to qualified pursuant to this subsection are routine technical rules as
defined in Title 5, chapter 375, subchapter 2-A.
libraries, qualified schools and the Raymond H. Fogler
Library at the University of Maine to assist in paying 6. Enforcement. Failure of a provider of intercon-
the costs of acquiring and using advanced telecommu- nected voice over Internet protocol service to comply
nications technologies. with this section or any applicable commission rule is
subject to administrative penalties under section
The commission may investigate a voice network ser- 1508-A.
vice provider to ensure compliance with this section.
Sec. 5. 35-A MRSA §7110 is enacted to read: Sec. 6. Public Utilities Commission; report.
No later than January 12, 2024, the Public Utilities
§7110. Registration requirements of interconnected Commission shall provide a report to the Joint Standing
voice over Internet protocol service pro- Committee on Energy, Utilities and Technology that:
vider 1. Includes a summary of the compliance by voice
1. Definitions. As used in this section, unless the network service providers, as defined in the Maine Re-
context otherwise indicates, the following terms have vised Statutes, Title 35-A, section 7104, subsection
the following meanings. 1-A, paragraph E, with the requirements of sections
A. "North American Numbering Plan Administra- 7104 and 7104-B;
tor" has the same meaning as in section 7104, sub- 2. Contains an update of the commission's effort to
section 1-A, paragraph A. preserve the 207 area code; and
B. "Numbering resources" has the same meaning 3. Includes an analysis of whether additional efforts
as in section 7104, subsection 1-A, paragraph D. could be taken to ensure numbering resources, as de-
2. Registration. A provider of interconnected fined in section 7104, subsection 1-A, paragraph D, are
used efficiently.
voice over Internet protocol service shall register with
the commission in a manner prescribed by the commis- The report may include recommendations for any
sion prior to requesting numbering resources in the legislation. The committee may report out a bill related
State. The registration must include: to the report to the Second Regular Session of the 131st
Legislature.
A. Contact information for a representative of the
provider responsible for regulatory and numbering See title page for effective date.
matters; and
B. An acknowledgment that the provider of inter- CHAPTER 145
connected voice over Internet protocol service
must file a notice with the commission at least 30 S.P. 195 - L.D. 414
days before requesting numbers from the North
American Numbering Plan Administrator or its An Act to Clarify the Provision
successor. of Notice of Proposed Rate
When there is any change in the contact information re- Increases to Public Utility
quired by paragraph A, a provider of interconnected Customers
voice over Internet protocol service shall update its reg- Be it enacted by the People of the State of Maine
istration information. as follows:
3. Information requests. A provider of intercon- Sec. 1. 35-A MRSA §307, as amended by PL
nected voice over Internet protocol service registered 1999, c. 398, Pt. A, §13 and affected by §§104 and 105,
under subsection 2 shall, upon the commission's re- is further amended by enacting after the first paragraph
quest, provide the commission with detailed infor- a new paragraph to read:
mation relating to the distribution of numbering re-
sources in the State, unless the interconnected voice A public utility seeking a general increase in rates
over Internet protocol service provider is prohibited shall send a notice of the increase to its customers by
from doing so by state or federal privacy laws, rules or either first-class mail or the method by which the cus-
regulations. tomer receives bills from the utility. The commission
shall prepare the notice in consultation with the utility.
4. Authority. The commission may exercise any If, after the notice of the general increase in rates is sent,
authority provided to the states by 47 Code of Federal the utility seeks a rate increase greater than what was
329
PUBLIC LAW, C. 146 FIRST SPECIAL SESSION - 2023
stated in the notice, the utility shall promptly notify the CHAPTER 147
commission. If the utility demonstrates good cause, the
commission may allow the utility to seek an increase H.P. 307 - L.D. 490
greater than what was stated in the notice subject to rea-
sonable conditions established by the commission, in- An Act to Designate the
cluding, but not limited to, requiring the utility to send Department of Health and
a new notice to its customers describing the revised pro- Human Services as the
posed increase. Implementing Department of
See title page for effective date.
the Lead-safe Housing Registry
Be it enacted by the People of the State of Maine
as follows:
CHAPTER 146
Sec. 1. 22 MRSA §1322-E, sub-§3, ¶G, as
H.P. 291 - L.D. 474 enacted by PL 2007, c. 628, Pt. A, §5, is amended to
read:
An Act to Improve
Collaboration Between G. Implementation of the lead-safe housing regis-
try by the Department of Environmental Protection
Mandatory Reporters and Law department pursuant to Title 38, chapter 12‑B and
Enforcement in the achieving the goal of elimination of childhood lead
Investigation of Alleged Child poisoning risks in the State section 1331.
Abuse and Neglect
Sec. 2. 22 MRSA §1331 is enacted to read:
Be it enacted by the People of the State of Maine
as follows: §1331. Registry of leased lead-safe residential dwell-
ings
Sec. 1. 22 MRSA §4011-A, sub-§2-A is en-
acted to read: 1. Definitions. As used in this section, unless the
context otherwise indicates, the following terms have
2-A. Disclosure to law enforcement officer. the following meanings.
Upon request of a law enforcement officer investigating
a report of child abuse or neglect, a member of the staff A. "Lead-based paint" has the same meaning as in
of a public or private medical institution, agency or fa- Title 38, section 1291, subsection 16.
cility or person in charge of the institution, agency or B. "Residential dwelling" has the same meaning as
facility or the designated agent who made a report pur- in Title 38, section 1291, subsection 26-A.
suant to subsection 1 shall disclose to the law enforce-
ment officer the same information the member or per- 2. Registry. The department shall maintain a reg-
son reported to the department. istry of leased residential dwellings built before 1978
that are lead-safe as designated by the residential dwell-
Sec. 2. 22 MRSA §4014, sub-§1, as amended ing owners in accordance with subsection 3.
by PL 1987, c. 395, Pt. A, §89, is further amended to
read: 3. Designation as lead-safe. A leased residential
dwelling may be designated as lead-safe for the pur-
1. Reporting and proceedings. A person, includ- poses of this section if the residential dwelling owner
ing an agent of the department, participating in good has submitted to the department an application for the
faith in reporting under this subchapter or participating leased residential dwelling to be placed on the registry
in a related child protection investigation or proceeding, created pursuant to subsection 2. Submission of an ap-
including, but not limited to, a multidisciplinary team, plication to the registry is voluntary on the part of the
out-of-home abuse investigating team or other investi- residential dwelling owner.
gating or treatment team, or a related law enforcement
investigation or criminal justice proceeding is immune 4. Application. The application under subsection
from any criminal or civil liability for the act of report- 3 must be submitted together with a report by a lead in-
ing or participating in the investigation or proceeding. spector that indicates that the leased residential dwell-
Good faith does not include instances when a false re- ing has been tested for the presence of lead-based paint
port is made and the person knows the report is false. and lead-contaminated dust or a report by a lead dust
Nothing in this This section may not be construed to bar sampling technician that indicates the leased residential
criminal or civil action regarding perjury or regarding dwelling has been tested for lead-contaminated dust.
the abuse or neglect which that led to a report, investi- The report must indicate that the leased residential
gation or proceeding. dwelling meets the requirements for inclusion on the
registry in accordance with the standards and proce-
See title page for effective date. dures established by the department.
330
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 149
Sec. 3. 38 MRSA §1291, sub-§19-A, as en- 1st of every odd-numbered year thereafter, the Hancock
acted by PL 2007, c. 628, Pt. B, §1, is repealed. County legislative delegation shall select, by majority
vote, one member of the delegation who resides in Han-
Sec. 4. 38 MRSA §1291, sub-§23-A, as en- cock County to serve on the budget advisory committee
acted by PL 2007, c. 628, Pt. B, §2, is repealed.
for a 2-year term. If the selected member resigns from
Sec. 5. 38 MRSA §1298, as amended by PL the Legislature or from the budget advisory committee
2009, c. 501, §14, is repealed. during the member's term of office, the Hancock
County legislative delegation shall select, by majority
See title page for effective date. vote, another member of the delegation who resides in
Hancock County to serve the remainder of the term.
CHAPTER 148 The Hancock County legislative delegation may replace
a member selected pursuant to this subsection to serve
S.P. 385 - L.D. 893 on the budget advisory committee by a 2/3 vote of the
delegation.
An Act to Amend the
Legislative Membership of the Emergency clause. In view of the emergency
cited in the preamble, this legislation takes effect when
Hancock County Budget approved.
Advisory Committee
Effective June 12, 2023.
Emergency preamble. Whereas, acts and re-
solves of the Legislature do not become effective until
90 days after adjournment unless enacted as emergen- CHAPTER 149
cies; and
H.P. 622 - L.D. 975
Whereas, this legislation amends the legislative
membership of the Hancock County Budget Advisory An Act to Align Maine's
Committee and needs to take effect prior to the budget Elevator Safety Laws with
advisory committee's annual meeting in the month of Maine Uniform Building and
October; and Energy Code Standards
Whereas, in the judgment of the Legislature, Emergency preamble. Whereas, acts and re-
these facts create an emergency within the meaning of
solves of the Legislature do not become effective until
the Constitution of Maine and require the following leg- 90 days after adjournment unless enacted as emergen-
islation as immediately necessary for the preservation
of the public peace, health and safety; now, therefore, cies; and
Be it enacted by the People of the State of Maine Whereas, today's buildings often have multiple
stories and are often serviced by an elevator; and
as follows:
Sec. 1. 30-A MRSA §763, sub-§1, ¶B, as Whereas, the ability to exit these buildings, par-
ticularly from higher floors, is important, especially in
amended by PL 1999, c. 440, §1, is further amended to
read: cases of evacuation by medical or emergency person-
nel; and
B. Budget Except for the member of the Hancock
County legislative delegation, budget advisory
Whereas, if evacuation involves carrying a per-
son on a stretcher, an elevator's capacity to accommo-
committee members serve 3-year terms and no
more than one member from each municipality date the stretcher can be essential to the person's sur-
vival; and
may serve at a time. If a budget advisory commit-
tee member who is elected as a municipal officer Whereas, in the judgment of the Legislature,
member ceases to be a municipal officer during the these facts create an emergency within the meaning of
term of membership, that committee member va- the Constitution of Maine and require the following leg-
cates membership and the next district caucus shall islation as immediately necessary for the preservation
elect a qualified municipal officer to serve for the of the public peace, health and safety; now, therefore,
remainder of the unexpired term. Be it enacted by the People of the State of Maine
Sec. 2. 30-A MRSA §763, sub-§2, as enacted as follows:
by PL 1991, c. 749, §1, is amended to read:
Sec. 1. 32 MRSA §15228, sub-§1, as amended
2. Legislative member. The Prior to October 1, by PL 2013, c. 70, Pt. D, §35, is further amended to
2023, the Hancock County legislative delegation shall read:
annually select one member of the delegation who re- 1. Requirements. Notwithstanding section
sides in Hancock County to serve on the budget advi-
sory committee. By October 1, 2023, and by October 15205‑A, whenever a passenger elevator is installed in
a building being newly constructed or in a new addition
331
PUBLIC LAW, C. 150 FIRST SPECIAL SESSION - 2023
that extends beyond the exterior walls of an existing Forest Fire Protection $130,000
building, the at least one passenger elevator must reach
all levels every story within the building and be of suf- Human Services - General Assistance $60,000
ficient size to allow the transport of a person on an am-
bulance stretcher in the fully supine position, without Property Tax Assessment $1,269,048
having to raise, lower or bend the stretcher in any way. Maine Land Use Planning Commission $643,573
This requirement applies to all plans approved after Jan- _____________
uary 1, 2002. As used in this subsection, "story" has the TOTAL STATE AGENCIES $16,485,915
same meaning as in the International Building Code, as
adopted by the Technical Building Codes and Standards County Reimbursements for Services
Board under Title 10, section 9722. The director shall
adopt rules necessary to carry out the provisions of this Aroostook $2,003,645
section. Rules adopted pursuant to this section subsec- Franklin $1,375,281
tion are routine technical rules as defined in Title 5, Hancock $189,107
chapter 375, subchapter 2‑A. Kennebec $9,662
Lincoln $29,013
Emergency clause. In view of the emergency Oxford $1,710,625
cited in the preamble, this legislation takes effect when Penobscot $1,868,069
approved. Piscataquis $1,747,599
Somerset $2,524,640
Effective June 12, 2023. Washington $1,520,948
_____________
TOTAL COUNTY SERVICES $12,978,589
CHAPTER 150
H.P. 833 - L.D. 1308 COUNTY TAX INCREMENT FINANCING DISTRUBUTIONS
FROM FUND
An Act to Establish Municipal Tax Increment Financing Payments $3,027,917
Cost Components for _____________
Unorganized Territory TOTAL REQUIREMENTS $32,492,421
Services to Be Rendered in
Fiscal Year 2023-24 COMPUTATION OF ASSESSMENT
332
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 151
333
PUBLIC LAW, C. 152 FIRST SPECIAL SESSION - 2023
parent's and custodian's phone number or e-mail arts, Muay Thai, kickboxing or boxing competition, ex-
address to another parent and custodian in the pro- hibition or event may not be held in the State prior to
ceeding. the adoption of rules pursuant to this chapter.
See title page for effective date. Sec. 6. 8 MRSA §522, sub-§7, as amended by
PL 2011, c. 305, §4, is further amended to read:
CHAPTER 152 7. Revenue and expenditures. The board may
receive revenue from mixed martial arts, Muay Thai,
H.P. 597 - L.D. 950 kickboxing and boxing competitions, exhibitions and
events, as well as from the sale of goods and merchan-
An Act to Authorize dise, in accordance with rules adopted pursuant to sec-
Kickboxing and Muay Thai tions 523 and 524. The authority may apply for, solicit
Competition Under the and receive grants, donations and gifts and may receive
Combat Sports Authority of appropriations from the State and funds from other gov-
Maine ernmental authorities. All funds received must be spent
solely to assist with operational expenses in furtherance
Be it enacted by the People of the State of Maine of the purpose of the authority. Funds may be used to
as follows: compensate members of the authority for per diem and
Sec. 1. 8 MRSA c. 20, headnote is amended to expenses in accordance with the board's bylaws. The
read: board may enter into contracts to obtain the assistance
of staff sufficient to support operations of the board.
CHAPTER 20
Sec. 7. 8 MRSA §523, sub-§1, as amended by
MIXED MARTIAL ARTS, MUAY THAI, KICK- PL 2011, c. 305, §5, is further amended to read:
BOXING AND BOXING
1. Rules. Adopt rules to protect the health and
Sec. 2. 8 MRSA §521, sub-§3-B is enacted to safety of authorized participants and the integrity of
read: competition, as well as to establish a certification pro-
3-B. Kickboxing. "Kickboxing" means a com- cess authorizing participation in a mixed martial arts,
bative sport that is a form of boxing in which blows are Muay Thai, kickboxing or boxing competition, exhibi-
delivered with the hand and any part of the leg below tion or event and set the fee schedules for all authorized
the hip, including the bare foot, with the intent to disa- participants. A certificate authorizing participation in a
ble or cause injury to an opponent in a contest, exhibi- mixed martial arts, Muay Thai, kickboxing or boxing
tion or event. competition, exhibition or event may be issued for one
year or such other time period as may be fixed by rule
Sec. 3. 8 MRSA §521, sub-§4, as enacted by under this chapter. The board may establish require-
PL 2009, c. 352, §2, is amended to read: ments to ensure that a mixed martial arts, Muay Thai,
4. Mixed martial arts. "Mixed martial arts" kickboxing or boxing competition, exhibition or event
means a combative sport for compensation that features is not conducted unless a promoter's fee has been paid
a mixture of karate, jiu-jitsu, muay thai Muay Thai, tae and that each competitor has been examined by a phy-
kwon do, boxing, kick boxing kickboxing, wrestling, sician who has certified the competitor's fitness to par-
judo and striking and grappling techniques. ticipate in the mixed martial arts, Muay Thai, kickbox-
ing or boxing competition, exhibition or event. Rules
Sec. 4. 8 MRSA §521, sub-§5 is enacted to adopted pursuant to this subsection are routine technical
read: rules, as defined in Title 5, chapter 375, subchapter 2‑A.
5. Muay Thai. "Muay Thai" means a combative Notwithstanding this subsection, rules establishing
sport that is a form of boxing in which blows are deliv- fees, including promotion fees pursuant to section 524,
ered with the fist, elbow, knee and shin and in which are major substantive rules as defined in Title 5, chapter
various clinching techniques are employed, with the in- 375, subchapter 2‑A. The authority's rules must in-
tent to disable or cause injury to an opponent in a con- clude, but are not limited to, the following:
test, exhibition or event. A. Rules of competition, weighing of participants
Sec. 5. 8 MRSA §522, sub-§2, as amended by and scoring of decisions;
PL 2011, c. 305, §4, is further amended to read: B. Length of contests and rounds;
2. Purpose. The authority is established to regu- C. Availability of medical services, including a re-
late and promote mixed martial arts, Muay Thai, kick- quirement that a physician be present during a
boxing and boxing competitions, exhibitions and events mixed martial arts, Muay Thai, kickboxing or box-
in the State as set forth in this chapter. A mixed martial ing competition, exhibition or event;
334
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 153
D. Age limits, which must include a minimum age exhibition or event is to be conducted and question per-
of not less than 18 years; sons present and review documents to the extent it con-
siders necessary to determine whether the event is in
E. Weight limits and classification of participants;
accordance with this chapter and rules adopted under
F. Physical condition of participants; this chapter.
G. Qualifications of referees and other authorized 2. Other action. The board may take all reasona-
participants; ble steps to ensure that a mixed martial arts, Muay Thai,
H. Uniforms, attire, safety gear and equipment of kickboxing or boxing competition, exhibition or event
is conducted in accordance with this chapter and rules
authorized participants; adopted under this chapter and take all other lawful ac-
I. Specifications of facilities and equipment; and tion necessary and incidental to its purposes.
J. Requirements for health and accident insurance Sec. 11. 8 MRSA §532, as amended by PL
providing coverage in the event of injury or death 2011, c. 305, §10, is further amended to read:
to authorized participants. This coverage must
§532. Fines; enforcement
comply with standards prescribed by the Superin-
tendent of Insurance. The board may, after a hearing under Title 5, chap-
ter 375, subchapter 4, impose a fine of not more than
Sec. 8. 8 MRSA §524, as amended by PL 2011, $500 for each violation against a person who violates
c. 305, §6, is further amended to read:
this chapter or rules adopted pursuant to this chapter or
§524. Promotion fees who participates in a mixed martial arts, Muay Thai,
In addition to the requirements set by rule pursuant kickboxing or boxing competition, exhibition or event
without the certificate described under section 523, sub-
to section 523, a promoter of a mixed martial arts, Muay section 1. The Attorney General may bring an action in
Thai, kickboxing or boxing competition, exhibition or
event authorized under this chapter must pay a fee set Superior Court to enjoin a mixed martial arts, Muay
Thai, kickboxing or boxing competition, exhibition or
by the authority in advance of the mixed martial arts, event from occurring for which the promoter's fee has
Muay Thai, kickboxing or boxing competition, exhibi-
tion or event. A promoter who fails to pay the fee re- not been paid or a participant who does not meet the
qualifications of this chapter from participating in the
quired pursuant to this section is prohibited from pro- competition, exhibition or event.
moting the competition as well as any further competi-
tions, exhibitions or events held under this chapter until Sec. 12. 17-A MRSA §515, sub-§2-A, as
the fee and any penalties are paid in full or satisfactory amended by PL 2011, c. 305, §12, is further amended
arrangements are made with the authority. to read:
Sec. 9. 8 MRSA §526, as amended by PL 2011, 2-A. This section does not apply to any mixed
c. 305, §8, is further amended to read: martial arts, Muay Thai, kickboxing or boxing compe-
§526. Prohibited interests of officers, directors and tition, exhibition or event authorized pursuant to Title
8, chapter 20 as long as rules have been adopted by the
employees Combat Sports Authority of Maine pursuant to Title 8,
A director of the authority or a spouse, domestic chapter 20.
partner or dependent child of a director of the authority
may not receive any direct personal benefit from the ac- See title page for effective date.
tivities or undertakings of the authority. This section
does not prohibit corporations or other entities with CHAPTER 153
which a director is associated by reason of ownership or
employment from participating in mixed martial arts, H.P. 672 - L.D. 1036
Muay Thai, kickboxing or boxing activities if owner-
ship or employment is made known to the authority and An Act to Require All
the director abstains from voting on matters relating to Uniformed Patrol Officers to
that participation. A director of the authority must com- Carry Naloxone Hydrochloride
ply with the requirements of Title 5, section 18. When on Duty
Sec. 10. 8 MRSA §529, as amended by PL Be it enacted by the People of the State of Maine
2011, c. 305, §9, is further amended to read: as follows:
§529. Powers of board Sec. 1. 22 MRSA §2353, sub-§3, as amended
1. Inspections and investigations. The board by PL 2021, c. 605, §2, is further amended to read:
may enter and inspect the premises where a mixed mar- 3. Authorized administration and dispensing of
tial arts, Muay Thai, kickboxing or boxing competition, naloxone hydrochloride by law enforcement offic-
ers, corrections officers and municipal firefighters.
335
PUBLIC LAW, C. 154 FIRST SPECIAL SESSION - 2023
336
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 156
337
PUBLIC LAW, C. 157 FIRST SPECIAL SESSION - 2023
(a) The department pursuant to this article (1) A credit is not allowed for any tax year
or article 6, 7 or 8-A, except for activity or during which the taxpayer does not meet or ex-
development on a residential lot that is not ceed the following employment targets as
part of a proposed multi lot housing devel- measured on the last day of the tax year.
opment; or
(a) For each of the first 10 tax years for
(b) The Maine Land Use Planning Com- which the credit is claimed, there must be
mission pursuant to this article as pro- a total of at least 80 additional full-time
vided in section 480-E-1 or, for subdivi- employees based in the State above the
sions and nonresidential uses only, pursu- certified applicant's base level of employ-
ant to Title 12, chapter 206-A. ment whose jobs were added since the
Sec. 3. 38 MRSA §480-BB, first ¶, as enacted first day of the first tax year for which the
credit was claimed on or after January 1,
by PL 2005, c. 116, §5, is amended to read: 2018 multiplied by the number of years
The Department of Inland Fisheries and Wildlife for which the credit has been claimed, in-
shall adopt rules that define "significant vernal pool cluding the tax year for which the credit is
habitat," "high and moderate value waterfowl and wad- currently being claimed.
ing bird habitat," and "shorebird nesting, feeding and (b) For each tax year after the 10th tax
staging areas" and "habitat for state endangered and
state threatened species listed under Title 12, section year for which the credit is claimed, the
taxpayer must employ a total of at least
12803, subsection 3" under section 480‑B, subsection 800 additional full-time employees based
10, paragraph B. The Department of Environmental
Protection shall adopt rules regarding the criteria used in the State above the certified applicant's
base level of employment whose jobs
to determine whether an area is significant vernal pool were added since the first day of the first
habitat, high and moderate value waterfowl and wading
bird habitat or, shorebird nesting, feeding and staging tax year for which the credit was claimed
on or after January 1, 2018.
areas or habitat for state endangered and state threat-
ened species listed under Title 12, section 12803, sub- Jobs for additional full-time employees that
section 3 under section 480‑B, subsection 10, paragraph are counted for determining eligibility for the
B. The rules, as applicable, must: credit under one certificate of completion may
not be counted for determining eligibility for
See title page for effective date. the credit under a separate certificate of com-
pletion. For purposes of this paragraph, "addi-
CHAPTER 157 tional full-time employees" does not include
employees who are shifted to a certified appli-
S.P. 531 - L.D. 1313 cant's headquarters in the State from an affili-
ated business in the State. The commissioner
An Act to Amend the Tax shall determine whether a shifting of employ-
Credit for Major Business ees has occurred. For purposes of this para-
Headquarters Expansions graph, "affiliated business" has the same
Regarding Employees' meaning as in section 6753, subsection 1‑A.
Location and Time of Hire for Sec. 3. 36 MRSA §5219-QQ, sub-§4, ¶A, as
Purposes of the Credit repealed and replaced by PL 2019, c. 401, Pt. D, §3, is
Be it enacted by the People of the State of Maine amended by amending subparagraph (5) to read:
as follows: (5) The average and median wages of all ad-
Sec. 1. 36 MRSA §5219-QQ, sub-§1, ¶C, as ditional full-time employees above the certi-
enacted by PL 2017, c. 297, §2, is amended to read: fied applicant's base level of employment in
the State whose jobs were added since the first
C. "Employees based in the State" means employ- day of the first tax year for which the credit
ees that perform more than 50% of employee- was claimed on or after January 1, 2018; and
related activities for the employer at the headquar-
ters a location in the State. Sec. 4. Retroactivity. This Act applies retroac-
tively to January 1, 2021.
Sec. 2. 36 MRSA §5219-QQ, sub-§3, ¶B, as
repealed and replaced by PL 2019, c. 401, Pt. D, §2, is See title page for effective date.
amended by amending subparagraph (1) to read:
338
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 158
339
PUBLIC LAW, C. 159 FIRST SPECIAL SESSION - 2023
B. A remote participation policy adopted pursuant (1) The final written administrative decision
to subsection 2 by the county commissioners of the that is not appealed pursuant to a grievance ar-
county, the municipal officers of a municipality or bitration procedure; or
the officers of any regional or other political subdi- (2) If the final written administrative decision
vision applies to all public bodies subject to this
subchapter that are within the jurisdiction of the is appealed to arbitration, the final written de-
cision of a neutral arbitrator.
county, municipality or regional or other political
subdivision, respectively, unless the county com- A final written administrative decision that is ap-
missioners, municipal officers or other officers of pealed to arbitration is no longer confidential 120
the regional or other political subdivision specifi- days after a written request for the decision is made
cally authorize a public body under their jurisdic- to the employer if the final written decision of the
tion to adopt its own remote participation policy. neutral arbitrator is not issued and released before
C. Nothing in this subsection limits the right of a the expiration of the 120 days;
school board to choose to adopt or to choose not to Sec. 2. 30-A MRSA §503, sub-§1, ¶B, as
adopt a remote participation policy under subsec- amended by PL 2019, c. 451, §2, is further amended by
tion 2. amending subparagraph (5) to read:
See title page for effective date. (5) Complaints, charges or accusations of mis-
conduct, replies to those complaints, charges
or accusations and any other information or
CHAPTER 159 materials that may result in disciplinary action.
H.P. 892 - L.D. 1397 If disciplinary action is taken, the final written
decision relating to that action is no longer
An Act to Implement the confidential after the decision is completed if
Recommendations of the Right it imposes or upholds discipline. The decision
must state the conduct or other facts on the ba-
To Know Advisory Committee sis of which disciplinary action is being im-
Concerning Records of posed and the conclusions of the acting author-
Disciplinary Actions Against ity as to the reasons for that action. If an arbi-
Public Employees trator completely overturns or removes disci-
Be it enacted by the People of the State of Maine plinary action from an employee personnel
as follows: file, the final written decision is public except
that the employee's name must be deleted from
Sec. 1. 5 MRSA §7070, sub-§2, ¶E, as the final written decision and kept confiden-
amended by PL 1997, c. 770, §1, is further amended to tial. If the employee whose name was deleted
read: from the final written decision discloses that
E. Except as provided in section 7070‑A, com- the employee is the person who is the subject
plaints, charges or accusations of misconduct, re- of the final written decision, the entire final
plies to those complaints, charges or accusations written report, with regard to that employee, is
and any other information or materials that may re- public.
sult in disciplinary action. If disciplinary action is For purposes of this subparagraph, "final writ-
taken, the final written decision relating to that ac- ten decision" means:
tion is no longer confidential after the decision is
completed if it imposes or upholds discipline. The (a) The final written administrative deci-
decision must state the conduct or other facts on the sion that is not appealed pursuant to a
basis of which disciplinary action is being imposed grievance arbitration procedure; or
and the conclusions of the acting authority as to the (b) If the final written administrative de-
reasons for that action. If an arbitrator completely cision is appealed to arbitration, the final
overturns or removes disciplinary action from an written decision of a neutral arbitrator.
employee personnel file, the final written decision
is public except that the employee's name must be A final written administrative decision that is
deleted from the final written decision and kept appealed to arbitration is no longer confiden-
confidential. If the employee whose name was de- tial 120 days after a written request for the de-
leted from the final written decision discloses that cision is made to the employer if the final writ-
the employee is the person who is the subject of the ten decision of the neutral arbitrator is not is-
final written decision, the entire final written re- sued and released before the expiration of the
port, with regard to that employee, is public. 120 days; and
For purposes of this paragraph, "final written deci- See title page for effective date.
sion" means:
340
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 161
341
PUBLIC LAW, C. 161 FIRST SPECIAL SESSION - 2023
when a student, staff member or visitor experiences a another opioid overdose-reversing medication from a
suspected opioid overdose. pharmacy licensed in this State.
4. Collaborative practice agreement; terms and 8. Guidelines. By January 1, 2022, and as needed
provisions. A collaborative practice agreement must after that date, the department in consultation with the
include the following information: Department of Health and Human Services shall de-
velop and make available to all schools guidelines for
A. Name and address of the school; the management of opioid overdose during school or a
B. Identification and signatures of the physician or school-sponsored activity or otherwise on school
school health advisor and school nurse who are par- grounds. The guidelines must include, but are not lim-
ties to the collaborative practice agreement, the ited to:
dates the agreement is signed by each party and the A. Education and training for school personnel on
beginning and end dates of the period of time
within which the agreement is in effect; and recognition of opioid overdose, rescue breathing
and the administration of naloxone hydrochloride
C. Any other information considered appropriate or another opioid overdose-reversing medication;
by the physician or school health advisor and and
school nurse.
B. Procedures for responding to opioid overdose.
5. Use of naloxone hydrochloride or another
opioid overdose-reversing medication without a col- Sec. 3. 22 MRSA §2353, as amended by PL
2021, c. 605, §§1 and 2, is further amended to read:
laborative practice agreement. If a collaborative
practice agreement has not been adopted pursuant to §2353. Naloxone hydrochloride or another opioid
subsection 2, the governing body of a school adminis- overdose-reversing medication
trative unit or an approved private school may authorize 1. Definitions. As used in this section, unless the
a school nurse or other licensed health care professional
whose scope of practice includes administration of na- context otherwise indicates, the following terms have
the following meanings.
loxone hydrochloride or another opioid overdose-
reversing medication to: A. "Health care professional" means a person li-
censed under Title 32 who is authorized to pre-
A. Stock and possess naloxone hydrochloride or
another opioid overdose-reversing medication pre- scribe naloxone hydrochloride or another opioid
overdose-reversing medication.
scribed by a legally authorized individual; and
A-1. "Another opioid overdose-reversing medica-
B. Administer naloxone hydrochloride or another tion" means a medication approved by the federal
opioid overdose-reversing medication prescribed
by a legally authorized individual to any student, Food and Drug Administration for the immediate
treatment of an opioid overdose.
staff member or visitor that the school nurse or
other licensed health care professional, based on B. "Immediate family" has the same meaning as
the school nurse's or other licensed health care pro- set forth in Title 21‑A, section 1, subsection 20.
fessional's professional judgment, suspects to be C. "Opioid-related drug overdose" means a condi-
experiencing an opioid overdose.
tion including, but not limited to, extreme physical
The administration of naloxone hydrochloride or an- illness, decreased level of consciousness, respira-
other opioid overdose-reversing medication in accor- tory depression, coma or death resulting from the
dance with this subsection is not the practice of medi- consumption or use of an opioid, or another sub-
cine. stance with which an opioid was combined, or a
condition that a reasonable person would believe to
6. Manufacturer or supplier arrangement. A
school administrative unit or an approved private school be an opioid-related drug overdose that requires
medical assistance.
may enter into an arrangement with a manufacturer of
naloxone hydrochloride or another opioid overdose- D. "Pharmacist" means a pharmacist authorized to
reversing medication or a 3rd-party supplier of nalox- prescribe and dispense naloxone hydrochloride or
one hydrochloride or another opioid overdose-reversing another opioid overdose-reversing medication pur-
medication to obtain naloxone hydrochloride or another suant to Title 32, section 13815.
opioid overdose-reversing medication at fair market
E. "Recovery residence" means a shared living res-
prices, reduced prices or no cost. idence for individuals recovering from substance
7. Purchase from licensed pharmacies. A col- use disorder that is focused on peer support, pro-
laborative practice agreement under this section may vides to its residents an environment free of alcohol
provide that a school administrative unit or an approved and illegal drugs and assists its residents by con-
private school may purchase naloxone hydrochloride or
342
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 161
necting the residents to support services or re- member, friend or other person may administer the
sources in the community that are available to per- naloxone hydrochloride or another opioid
sons recovering from substance use disorder. overdose-reversing medication to the individual if
F. "Corrections officer" means a person who is re- the family member, friend or other person believes
in good faith that the individual is experiencing an
sponsible for the custody or direct supervision of a opioid-related drug overdose.
person confined in a jail, prison or correctional fa-
cility pursuant to an order of a court or as a result Nothing in this subsection affects the provisions of law
of an arrest. relating to maintaining the confidentiality of medical
records.
2. Prescription; possession; administration.
The prescription, possession and administration of na- 2-A. Dispensing of naloxone hydrochloride or
loxone hydrochloride or another opioid overdose- another opioid overdose-reversing medication by
reversing medication is governed by this subsection. emergency medical services persons, ambulance ser-
vices and nontransporting emergency medical ser-
A. A health care professional may directly or by vices. Notwithstanding any provision of law to the con-
standing order prescribe naloxone hydrochloride or
another opioid overdose-reversing medication to trary, pursuant to a standing order issued in accordance
with protocols developed by the Medical Direction and
an individual at risk of experiencing an opioid- Practices Board pursuant to Title 32, section 88‑B, sub-
related drug overdose.
section 1, paragraph A, an emergency medical services
A-1. A pharmacist may prescribe and dispense na- person, ambulance service or nontransporting emer-
loxone hydrochloride or another opioid overdose- gency medical service licensed under Title 32, chapter
reversing medication in accordance with protocols 2‑B may dispense naloxone hydrochloride or another
established under Title 32, section 13815 to an in- opioid overdose-reversing medication to an individual
dividual of any age at risk of experiencing an of any age at risk of experiencing an opioid-related drug
opioid-related drug overdose. overdose or to a member of the individual's immediate
family, a friend of the individual or another person in a
B. An individual to whom naloxone hydrochloride position to assist the individual if the individual is at risk
or another opioid overdose-reversing medication is
prescribed or dispensed in accordance with para- of experiencing an opioid-related drug overdose.
graph A or A‑1 may provide the naloxone hydro- 3. Authorized administration and dispensing of
chloride or another opioid overdose-reversing naloxone hydrochloride or another opioid overdose-
medication so prescribed or dispensed to a member reversing medication by law enforcement officers,
of that individual's immediate family to possess corrections officers and municipal firefighters. A
and administer to the individual if the family mem- law enforcement agency as defined in Title 25, section
ber believes in good faith that the individual is ex- 3701, subsection 1, a regional or county jail, a prison, a
periencing an opioid-related drug overdose. correctional facility as defined in Title 34‑A, section
1001, subsection 6 or a municipal fire department as de-
C. A health care professional may directly or by fined in Title 30‑A, section 3151, subsection 1 is autho-
standing order prescribe naloxone hydrochloride or
another opioid overdose-reversing medication to a rized to obtain a supply of naloxone hydrochloride or
another opioid overdose-reversing medication to be ad-
member of an individual's immediate family or a ministered or dispensed in accordance with this subsec-
friend of the individual or to another person in a
position to assist the individual if the individual is tion. A law enforcement officer as defined in Title
17‑A, section 2, subsection 17, in accordance with pol-
at risk of experiencing an opioid-related drug over- icies adopted by the law enforcement agency, a correc-
dose.
tions officer, in accordance with policies adopted by the
C-1. A pharmacist may prescribe and dispense na- jail, prison or correctional facility, and a municipal fire-
loxone hydrochloride or another opioid overdose- fighter as defined in Title 30‑A, section 3151, subsec-
reversing medication in accordance with protocols tion 2, in accordance with policies adopted by the mu-
established under Title 32, section 13815 to a per- nicipality, may administer or dispense intranasal nalox-
son of any age who is a member of an individual's one hydrochloride or another opioid overdose-reversing
immediate family or a friend of the individual or to medication as clinically indicated if the law enforce-
another person in a position to assist the individual ment officer, corrections officer or municipal firefighter
if the individual is at risk of experiencing an opioid- has received medical training in accordance with proto-
related drug overdose. cols adopted by the Medical Direction and Practices
Board established in Title 32, section 83, subsection
D. If a member of an individual's immediate fam- 16‑B. The Medical Direction and Practices Board shall
ily, friend of the individual or other person is pre-
scribed or provided naloxone hydrochloride or an- establish medical training protocols for law enforce-
ment officers, corrections officers and municipal fire-
other opioid overdose-reversing medication in fighters pursuant to this subsection.
accordance with paragraph C or C‑1, that family
343
PUBLIC LAW, C. 161 FIRST SPECIAL SESSION - 2023
344
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 162
1. Discrimination prohibited. Notwithstanding ication in accordance with Title 22, section 2353, sub-
any provision of law to the contrary and except as pro- section 2‑A and the rules adopted and protocols devel-
vided in subsection 2, an insurer authorized to do busi- oped for ambulance services and nontransporting emer-
ness in this State may not: gency medical services under this chapter. An opioid
overdose-reversing medication referenced in this sub-
A. Limit coverage or refuse to issue or renew cov- section must be approved by the federal Food and Drug
erage of an individual under any life insurance pol-
icy due to the fact that the individual has been is- Administration.
sued a prescription for naloxone hydrochloride or Sec. 7. 32 MRSA c. 117, sub-c. 11-A, head-
another opioid overdose-reversing medication or note is amended to read:
has purchased naloxone hydrochloride or another
SUBCHAPTER 11-A
opioid overdose-reversing medication in accor-
dance with Title 22, section 2353; PRESCRIBING AND DISPENSING OF NALOX-
ONE HYDROCHLORIDE AND OTHER OPIOID
B. Consider the fact that an individual has been
issued a prescription for naloxone hydrochloride or OVERDOSE-REVERSING MEDICATIONS
another opioid overdose-reversing medication or Sec. 8. 32 MRSA §13815, sub-§2, as amended
has purchased naloxone hydrochloride or another by PL 2017, c. 364, §7, is further amended to read:
opioid overdose-reversing medication in determin-
2. Rules for prescribing and dispensing nalox-
ing the premium rate for coverage of that individual one hydrochloride or another opioid overdose-
under a life insurance policy; or
reversing medication. The board by rule shall estab-
C. Otherwise discriminate in the offering, issu- lish standards for authorizing pharmacists to prescribe
ance, cancellation, amount of coverage, price or and dispense naloxone hydrochloride or another opioid
any other condition of a life insurance policy based overdose-reversing medication in accordance with Title
solely and without any additional actuarial justifi- 22, section 2353, subsection 2, paragraphs A‑1 and C‑1.
cation upon the fact that an individual has been is- The rules must establish adequate training requirements
sued a prescription for naloxone hydrochloride or and protocols for prescribing and dispensing naloxone
another opioid overdose-reversing medication or hydrochloride or another opioid overdose-reversing
has purchased naloxone hydrochloride or another medication when there is no prescription drug order,
opioid overdose-reversing medication. standing order or collaborative practice agreement au-
thorizing naloxone hydrochloride or another opioid
An opioid overdose-reversing medication referenced in overdose-reversing medication to be dispensed to the
this subsection must be approved by the federal Food
and Drug Administration. intended recipient. Rules adopted under this subsection
are routine technical rules as defined in Title 5, chapter
2. Exception. An insurer may take an action de- 375, subchapter 2‑A. A pharmacist authorized by the
scribed in subsection 1 with respect to an individual board pursuant to this subsection to prescribe and dis-
who has a demonstrated history of opioid use disorder. pense naloxone hydrochloride or another opioid
overdose-reversing medication may prescribe and dis-
Sec. 5. 32 MRSA §85, sub-§8, as enacted by pense naloxone hydrochloride or another opioid
PL 2021, c. 161, §4, is amended to read:
overdose-reversing medication in accordance with Title
8. Naloxone hydrochloride or another opioid 22, section 2353, subsection 2, paragraphs A‑1 and C‑1.
overdose-reversing medication. An emergency med- An opioid overdose-reversing medication referenced in
ical services person licensed under this chapter may dis- this subsection must be approved by the federal Food
pense naloxone hydrochloride or another opioid and Drug Administration.
overdose-reversing medication in accordance with Title See title page for effective date.
22, section 2353, subsection 2‑A and the rules adopted
and protocols developed for emergency medical ser-
vices persons under this chapter. An opioid overdose- CHAPTER 162
reversing medication referenced in this subsection must
be approved by the federal Food and Drug Administra- S.P. 51 - L.D. 84
tion.
An Act to Strengthen Third-
Sec. 6. 32 MRSA §86, sub-§4, as enacted by party Liability Requirements
PL 2021, c. 161, §5, is amended to read: for the MaineCare Program
4. Naloxone hydrochloride or another opioid
overdose-reversing medication. An ambulance ser- Be it enacted by the People of the State of Maine
vice or a nontransporting emergency medical service li- as follows:
censed under this chapter may dispense naloxone hy- Sec. 1. 22 MRSA §14, sub-§2-H, as amended
drochloride or another opioid overdose-reversing med- by PL 2007, c. 240, Pt. JJJ, §§2 and 3 and c. 448, §8 and
affected by §14, is further amended to read:
345
PUBLIC LAW, C. 163 FIRST SPECIAL SESSION - 2023
2-H. Honoring of assignments. The following of the claim or, in the case of a responsible 3rd
provisions apply to claims for payment submitted by the party, a failure to obtain a prior authorization
department or a health care provider. for the item or service for which the claim is
A. Whenever the department submits claims to a being submitted, if:
health insurer, as included in 42 United States (a) The claim is submitted by the State
Code, Section 1396a(a)(25)(I), including self- within the 3-year period beginning on the
insured plans, group health plans as defined in the date on which the item or service was fur-
federal Employee Retirement Income Security Act nished; and
of 1974, Section 607(1), service benefit plans,
managed care organizations, pharmacy benefit (b) Any action by the State to enforce its
rights with respect to such claim is com-
managers or other parties that are, by statute, con- menced within 6 years of the State's sub-
tract or agreement, legally responsible for payment
of a claim for a health care item or service, on be- mission of such claim.
half of a current or former recipient under the C. A payment made as part of an assignment by a
MaineCare program for whom an assignment of 3rd party to the MaineCare program or a contractor
rights has been received, or whose rights have been acting on behalf of the MaineCare program is con-
assigned by the operation of law, the health insurer sidered final 2 years after the date of the payment
doing business in the State or providing coverage and when final the payment is not subject to adjust-
to a resident of this State must respond to the de- ment.
partment within 60 days and: See title page for effective date.
(1) Provide information, with respect to indi-
viduals who are eligible for or are provided
medical assistance under the MaineCare pro- CHAPTER 163
gram, upon the request of the State, to deter- S.P. 290 - L.D. 732
mine during what period the individual or the
individual's spouse or dependents may be or An Act to Prohibit Off-trail
may have been covered by a health insurer and Operation of a Snowmobile in
the nature of the coverage that is or was pro-
vided by the health insurer, including the an Area Closed to Off-trail
name, address and identifying number of the Operation
plan, in a manner prescribed by the United Be it enacted by the People of the State of Maine
States Secretary of Health and Human Ser- as follows:
vices;
Sec. 1. 12 MRSA §13106-A, sub-§27 is en-
(2) Accept the State's right of recovery and the acted to read:
assignment to the State of any right of an indi-
vidual or other entity to payment from the 27. Operating snowmobile in posted area. A
party for an item or service for which payment person may not operate a snowmobile off a snowmobile
has been made under the state plan and, in the trail identified by the Department of Agriculture, Con-
case of a responsible 3rd party that requires servation and Forestry, Bureau of Parks and Lands as
prior authorization for an item or service fur- having been funded by the Snowmobile Trail Fund pur-
nished to an individual eligible to receive med- suant to section 1893, subsection 3 if the trail is posted
ical assistance under the MaineCare program, as being closed to off-trail snowmobile operation and
accept authorization provided by the State that the operator has not obtained the permission of the ap-
the item or service is covered under the plicable landowner or landowner's representative. For
MaineCare program for that individual, as if purposes of this subsection, "posted" means containing
the authorization were the prior authorization signage that is reasonably likely to come to the attention
made by the 3rd party for the item or service; of a person operating a snowmobile that indicates that
off-trail snowmobiling is prohibited and that is placed
(3) Respond to any inquiry by the State re- by the landowner, the landowner's representative, a lo-
garding a claim for payment for any health cal snowmobile club trail master serving as the land-
care item or service that is submitted not later owner's representative, a local snowmobile club repre-
than 3 years after the date of the provision of sentative or an employee of the Department of Inland
such health care item or service; and Fisheries and Wildlife or the Department of Agricul-
(4) Agree not to deny a claim submitted by the ture, Conservation and Forestry.
State solely on the basis of the date of submis- A. A person who violates this subsection commits
sion of the claim, the type or format of the a civil violation for which a fine of not less than
claim form or, a failure to present proper doc- $100 and not more than $500 may be adjudged.
umentation at the point-of-sale that is the basis
346
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 165
B. A person who violates this subsection after hav- G. A service record on which an employee per-
ing been adjudicated as having committed 3 or forming service on the equipment can enter the em-
more civil violations under this Part within the pre- ployee's initials and date of service; and
vious 5-year period commits a Class E crime. H. Any applicable safety precautions or warnings.
See title page for effective date. 3. Labeling requirements for servicing. If an
employee of a water treatment company services a
CHAPTER 164 piece of water treatment equipment on or after July 1,
2024 with an affixed service record as described by sub-
S.P. 334 - L.D. 775 section 2, paragraph G, the employee shall enter the em-
ployee's initials and date of service. If the employee ser-
An Act to Require and vices a piece of water treatment equipment that does not
Standardize Labeling of Water have a label containing the information required in sub-
Treatment Equipment section 2 or that has a label with incomplete infor-
mation, the employee shall affix a label containing the
Be it enacted by the People of the State of Maine information required by subsection 2, to the extent the
as follows: employee can ascertain the information.
Sec. 1. 22 MRSA c. 601, sub-c. 9 is enacted to 4. Unfair trade practice. A water treatment com-
read: pany that fails to comply with this section commits an
SUBCHAPTER 9 unfair and deceptive act that is a violation of the Maine
Unfair Trade Practices Act.
WATER TREATMENT EQUIPMENT
See title page for effective date.
§2660-AA. Requirements for water treatment
equipment
1. Definitions. As used in this subchapter, unless CHAPTER 165
the context otherwise indicates, the following terms S.P. 348 - L.D. 789
have the following meanings.
A. "Water treatment company" means a company An Act Regarding Dental
that installs or services water treatment equipment. Licensure for Charitable Care
B. "Water treatment equipment" means equipment Be it enacted by the People of the State of Maine
located inside a private residence and designed to as follows:
alter the condition of water for human consump- Sec. 1. 32 MRSA §18347-A, as enacted by PL
tion, including by means of filtration, purification, 2023, c. 17, Pt. P, §26, is amended to read:
softening and reverse osmosis.
§18347-A. Temporary license; applicants autho-
2. Labeling requirements for installation. An rized to work in another jurisdiction
employee of a water treatment company shall affix to
water treatment equipment installed by the water treat- Notwithstanding any provision of law to the con-
ment company on or after July 1, 2024 a label that con- trary, the board may issue a temporary license for a pe-
tains the following information: riod of 6 months and waive all licensing requirements,
except for fees unless otherwise provided in this sec-
A. The name of the water treatment company; tion, to any applicant upon a showing that the applicant
B. The full name of the employee that installed the holds a valid license in that profession issued by another
water treatment equipment; state. The board may waive the fee for a temporary li-
cense if the purpose of the temporary license is to pro-
C. The date of installation of the water treatment vide free dental care in conjunction with a charitable
equipment; nonprofit organization.
D. A plumbing permit number associated with the See title page for effective date.
installation of the water treatment equipment, if ap-
plicable;
E. The condition the water treatment equipment is
intended to treat;
F. The manufacturer's recommended service inter-
val for the water treatment equipment;
347
PUBLIC LAW, C. 166 FIRST SPECIAL SESSION - 2023
348
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 167
be automatically reenrolled with the opportunity to I. When possible and practicable, use existing em-
opt out again at regular or ad hoc intervals deter- ployer and public infrastructure to facilitate contri-
mined by the board in its discretion, but not more butions, record keeping and outreach and use
frequently than annually; pooled or collective investment arrangements for
amounts contributed to the program;
C. Provide that the IRA to which contributions are
made is a Roth IRA, except that the board has the J. Require the maintenance of separate records and
authority at any time, in its discretion, to add an op- accounting for each account under the program and
tion for all participants to affirmatively elect to allow for participants to maintain their accounts re-
contribute to a traditional IRA as an alternative to gardless of place of employment and to roll over
the Roth IRA; funds into other IRAs or other retirement accounts;
D. Provide that, unless otherwise specified by the K. Provide for reports on the status of each partic-
covered employee, a covered employee must auto- ipant's account to be provided to each participant at
matically initially contribute 5% of the covered least annually and make best efforts to provide each
employee's salary or wages to the program and may participant frequent or continual online access to
elect to opt out of the program at any time or con- information on the status of that participant's ac-
tribute at any higher or lower rate, expressed as a count;
percentage of salary or wages, or, if the board in its
L. Provide that each participant owns the contribu-
discretion permits, expressed as a flat dollar tions to and earnings on amounts contributed to the
amount, subject in all cases to the IRA contribution
and income eligibility limits applicable under the participant's account under the program and that
the State and covered employers have no proprie-
Internal Revenue Code at no additional charge. The tary interest in those contributions or earnings;
board is authorized to change, from time to time,
the 5% automatic initial default contribution rate M. Be designed and implemented in a manner con-
for all covered employees in its discretion; sistent with federal law to the extent that it applies
and consistent with the program not being
E. Provide on a uniform basis, if and when the preempted by, and the payroll deduction IRAs and
board so determines in its discretion, for an annual
increase of each participant's contribution rate, by covered employers not being subject to, ERISA;
not more than 1% of salary or wages per year up to N. Promote expanded retirement saving by encour-
a maximum of 8% 10%. Any such increases must aging employers in the State that would otherwise
apply to participants, as determined by the board in be covered employers to instead adopt a specified
its discretion, either by default or only if initiated tax-favored retirement plan;
by affirmative participant election and are in either
case subject to the IRA contribution and income el- O. Make provision for participation in the program
by individuals who are not employees, such as self-
igibility limits applicable under the Internal Reve- employed individuals and independent contractors,
nue Code;
as provided in rules adopted pursuant to section
F. Provide for direct deposit of contributions into 174, subsection 2;
investments under the program, including, but not
P. Seek to keep fees, costs and expenses of the pro-
limited to, a default investment such as a series of gram as low as practicable, except that any admin-
target date funds and a limited number of invest-
ment alternatives including a principal preservation istrative fee imposed on a covered employee for
participating in the program may not exceed a rea-
option determined by the board. In addition, the sonable amount relative to fees charged by similar
board may provide that each participant's initial
contributions, up to a specified dollar amount or for established programs in other states. The fee may
be an asset-based or investment return fee, flat fee
a specified period of time, are required to be in- or hybrid of the permissible fee structures identi-
vested in a principal capital preservation invest-
ment or, in the board's discretion, must be defaulted fied in this paragraph;
into such an investment unless the participant af- Q. Adopt rules and establish procedures governing
firmatively opts for a different investment for those the distribution of funds from the program, includ-
contributions. The board shall determine how often ing such distributions as may be permitted or re-
participants will have the opportunity to change quired by the program and any applicable provi-
their selections of investments for future contribu- sions of tax laws, with the objectives of maximiz-
tions or existing balances or both; ing financial security in retirement, helping to pro-
G. Provide that employer contributions by a cov- tect spousal rights and assisting participants with
the challenges of decumulation of savings. The
ered employer are not required or permitted; board has the authority to provide for one or more
H. Be professionally managed; reasonably priced distribution options to provide a
349
PUBLIC LAW, C. 167 FIRST SPECIAL SESSION - 2023
source of regular retirement income, including in- is subject to a penalty for any portion of that calen-
come for life or for the participant's life expectancy dar year during which the covered employee con-
or for joint lives and life expectancies, as applica- tinues to be unenrolled without opting out of par-
ble; ticipation in the program. The amount of any pen-
alty imposed on a covered employer for the failure
R. Adopt rules and establish procedures promoting to enroll a covered employee without reasonable
portability of benefits, including the ability to make
tax-free rollovers or transfers from IRAs under the cause is determined as follows:
program to other IRAs or to tax-qualified plans that (1) Prior to April 1, 2024 From July 1, 2025
accept such rollovers or transfers; to June 30, 2026, the maximum penalty per
covered employee is $10 $20;
S. Establish penalties in accordance with subsec-
tion 4 for a covered employer that fails without rea- (2) From April 1, 2024 to March 31, 2025 July
sonable cause to enroll a covered employee in the 1, 2026 to June 30, 2027, the maximum pen-
program as required or that fails to transmit a pay- alty per covered employee is $20 $50; and
roll deduction IRA contribution to the program as
(3) From April 1, 2025 to September 30,
required. A lack of reasonable cause is established 2026, the maximum penalty per covered em-
by the failure to enroll after the program communi-
cates with the employer 3 times; ployee is $50; and
T. In accordance with subsection 1, paragraph C, (4) On or after October 1, 2026 July 1, 2027,
the maximum penalty per covered employee is
use private sector entities to administer the pro- $100.
gram and invest the contributions to the program
under the supervision and guidance of the board; Sec. 8. 5 MRSA §173, sub-§4, ¶C, as enacted
and by PL 2021, c. 356, §1, is amended to read:
U. Allow the board to provide for the establish- C. A penalty may not be imposed on a covered em-
ment, maintenance, administration, operation and ployer for any failure to enroll a covered employee
implementation of the program to be carried out if the covered employer exercised reasonable dili-
jointly with, or in partnership, collaboration, coor- gence to meet the requirements of this chapter and
dination or alliance with one or more other states, the covered employer complies with those require-
the Federal Government or any federal, state or lo- ments with respect to each covered employee by
cal agencies or instrumentalities. the end of the 90-day period beginning on the first
date the covered employer knew, or exercising rea-
Sec. 6. 5 MRSA §173, sub-§3, as enacted by sonable diligence would have known, that the fail-
PL 2021, c. 356, §1, is repealed and the following en-
acted in its place: ure existed. The covered employer is deemed to
have known that the failure existed after receiving
3. Implementation. The board may implement 3 communications from the program.
the program in stages, which may include a pilot pro- Sec. 9. 5 MRSA §174, sub-§2, ¶C, as enacted
gram and phasing in the program based on the size of
employers, or other factors. A covered employer shall by PL 2021, c. 356, §1, is amended to read:
offer the program to its covered employees no later than C. Establish processes for phasing in enrollment of
December 31, 2024. eligible individuals, including phasing in enroll-
ment of covered employees by size or type of cov-
A covered employer with fewer than 5 employees is not
required to offer the program to its covered employees ered employer implementing the program in
accordance with section 173, subsection 3;
but may offer the program to its employees at the option
of the employer and in accordance with rules estab- Sec. 10. 5 MRSA §177, as enacted by PL 2021,
lished by the board. c. 356, §1, is amended to read:
Sec. 7. 5 MRSA §173, sub-§4, ¶A, as enacted §177. Intergovernmental collaboration and cooper-
by PL 2021, c. 356, §1, is amended to read: ation
A. If a covered employer fails to enroll a covered The board may enter into an intergovernmental
employee without reasonable cause, the covered agreement or memorandum of understanding with the
employer is subject to a penalty for each covered State and any agency or instrumentality of the State in
employee for each calendar year or portion of a cal- order to further the successful implementation and op-
endar year during which the covered employee was eration of the program through the provision, receipt or
not enrolled in the program or had not opted out of other sharing of data, technical assistance, enforcement,
participation in the program and, for each calendar compliance, collection and other services or assistance
year beginning after the date on which a penalty has to the program, and all such agencies and instrumental-
been assessed with respect to a covered employee, ities shall cooperate with the board in achieving those
ends. The board may enter into an intergovernmental
350
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 167
agreement or memorandum of understanding with the those funds were offered contingent upon the promise
State and any agency or instrumentality of the State to of such repayment.
receive outreach, technical assistance, enforcement and
compliance services, collection or dissemination of in-
Sec. 13. 5 MRSA §179, sub-§2, as enacted by
PL 2021, c. 356, §1, is amended to read:
formation pertinent to the program, subject to such ob-
ligations of confidentiality as may be agreed to or re- 2. Submission of report. Beginning February 1,
quired by law, or other services or assistance. The State 2024 2026 and annually thereafter, the board shall sub-
and any agencies or instrumentalities of the State that mit to the Governor, the Treasurer of State and the Leg-
enter into such agreements or memoranda of under- islature an audited financial report, prepared in accor-
standing shall collaborate to provide the outreach, assis- dance with generally accepted accounting principles,
tance, information and compliance or other services or detailing the activities, operations, receipts and expend-
assistance to the board. The agreements or memoranda itures of the program and board during the preceding
of understanding may cover the sharing of costs in- calendar year. The report must include the number of
curred in gathering and disseminating information and participants, the investment options and their rates of
the reimbursement of costs for any enforcement activi- return and other information regarding the program and
ties or assistance. must also include projected activities of the program for
the current calendar year.
Sec. 11. 5 MRSA §178, sub-§1, as enacted by
PL 2021, c. 356, §1, is amended to read: Sec. 14. 5 MRSA §285, sub-§1, ¶F-12 is en-
acted to read:
1. Fund established. The Maine Retirement Sav-
ings Program Enterprise Fund is established as an en- F-12. Any employee of the Maine Retirement Sav-
terprise fund. The board shall use funds deposited in ings Board;
the enterprise fund in accordance with this section. The
enterprise fund may receive grants, gifts, donations, ap- Sec. 15. 5 MRSA §17103, sub-§12, as
amended by PL 2021, c. 548, §17, is further amended
propriations, loans or other funds designated for admin- to read:
istrative expenses or otherwise transferred to the enter-
prise fund from or deposited in the enterprise fund by 12. Defined contribution, deferred compensa-
the State or a unit of federal, state or local government tion and tax sheltered annuity plans. The board shall
or any other person, firm, partnership or corporation, in- establish one or more defined contribution, deferred
cluding appropriations to the enterprise fund by the compensation or tax sheltered annuity plans consistent
Legislature and funds from the payment of application, with the applicable requirements of the Internal Reve-
account, administrative or other fees and the payment nue Code and may, with employer agreement, offer par-
of other funds due the board. Interest or other invest- ticipation in such plans to employees eligible for mem-
ment earnings or returns that are attributable to funds in bership in a retirement program of the retirement sys-
the enterprise fund must be deposited into or retained in tem and to employees of the Maine Retirement Savings
the enterprise fund. The enterprise fund may not lapse Board.
but must be carried forward to carry out the purposes of Sec. 16. PL 2021, c. 356, §3, first ¶ is amended
this chapter. The board shall amortize any amounts ap-
propriated to the enterprise fund by the Legislature to to read:
ensure that those amounts are paid back to the funding Sec. 3. Implementation of Maine Retire-
sources based on an amortization schedule determined ment Savings Program. Except as provided in this
by the board, but no later than 5 years after the program section, the Maine Retirement Savings Board shall es-
is fully implemented. tablish the Maine Retirement Savings Program as re-
quired under this Act so that individuals may begin
Sec. 12. 5 MRSA §178, sub-§3, as enacted by making contributions under the program no later than
PL 2021, c. 356, §1, is amended to read:
April 1, 2023 January 1, 2025.
3. Administrative costs. Subject to appropriation
by the Legislature, the State may pay administrative Sec. 17. PL 2021, c. 356, §3, sub-§1 is
amended to read:
costs associated with the creation, maintenance, opera-
tion and management of the program and provide fund- 1. Phase in of program; implementation. The
ing for the program until sufficient assets are available board shall phase in the program with regard to covered
in the enterprise fund for that purpose. Thereafter, all employers and accept contributions from covered em-
administrative costs of the enterprise fund, including ployees employed by those covered employers as re-
any repayment of start-up funds provided by the State, quired under this Act and may in its discretion phase in
must be repaid only out of money on deposit in the en- the program for individuals who are not employees,
terprise fund. However, private funds or federal funding such as self-employed individuals or independent con-
received in order to implement the program until the en- tractors, except that any implementation schedule set by
terprise fund is self-sustaining may not be repaid unless the board must be such that all individuals may begin
making contributions under the program no later than
351
PUBLIC LAW, C. 168 FIRST SPECIAL SESSION - 2023
January 1, 2025 2026. The board may not implement filing of a schedule, either in a particular instance or by
the program if and to the extent that the board deter- rule applicable to a special circumstance or condition.
mines that the program is preempted by the federal Em-
At the commission's discretion, the commission may re-
ployee Retirement Income Security Act of 1974, as quire the information relating to changes described in
amended, 29 United States Code, Section 1001 et seq.
If and to the extent that the board determines that a por- this subsection to be filed in a general increase in rates
at the same time as the schedules are filed. The commis-
tion or aspect of the program is preempted by the fed- sion may require a public utility whose gross revenues
eral Employee Retirement Income Security Act of
1974, the board may not implement that portion or as- exceed $5,000,000 annually to notify the commission
not more than 2 months in advance of filing a general
pect of the program but shall proceed to implement the increase in rates under this section that a filing is
remainder of the program to the extent practicable.
planned and to disclose the approximate amount of the
See title page for effective date. increase and the approximate rate of return and include
a general statement of the major issues that might be
presented and the approximate rate of return the utility
CHAPTER 168 would be seeking.
S.P. 659 - L.D. 1654 3. Suspension pending investigation. Pending an
investigation and order pursuant to section 310, subsec-
An Act to Extend the Time for tion 1, at any time within the period preceding the ef-
Certain Public Utilities fective date of the schedule the commission may sus-
Commission Proceedings pend the operation of the schedule or any part of the
schedule by filing with the schedule and delivering to
Be it enacted by the People of the State of Maine the public utility affected a statement of its reasons for
as follows: the suspension. The suspension may not be for a period
Sec. 1. 35-A MRSA §307, as amended by PL longer than 12 months from the effective date of the or-
1999, c. 398, Pt. A, §13 and affected by §§104 and 105, der of suspension unless:
is repealed and the following enacted in its place: A. All parties agree to extend the suspension be-
§307. Changes in schedules; notice; suspension; rate yond 12 months; or
increase limit B. The commission determines that the party seek-
1. Definitions. As used in this section, unless the ing the extension would be unreasonably disadvan-
context otherwise indicates, the following terms have taged because of circumstances beyond that party's
the following meanings. control unless the extension were granted, as long
as the party prior to the request for extension had
A. "Final determination of the public utility's rev- prosecuted its case in good faith and with due dili-
enue requirement" means a decision by the com- gence.
mission on the merits of a public utility's request
after consideration of at least the public utility's di- 4. General rate increase case limitation. A pub-
rect case in support of its request. lic utility may not file a schedule for a general increase
in rates pursuant to this section within one year of a
B. "General increase in rates" means a change in a prior filing for a general increase in rates pursuant to
rate, toll or charge of a public utility, the effect of this section, unless the proceeding initiated by a prior
which is to increase the annual operating revenue filing was terminated without a final determination of
of the public utility by more than 1%. "General in- the public utility's revenue requirement or with approval
crease in rates" does not include a rate change made of the commission. The limitation of this subsection
for the sole purpose of implementing a gas cost ad- does not prevent a public utility, at any time, from noti-
justment rate pursuant to section 4703 or a rate fying the commission in advance, either voluntarily or
change made for the sole purpose of implementing in accordance with a commission requirement under
an energy conservation adjustment rate pursuant to this section, of plans by the public utility to file a gen-
section 3154. eral increase in rates.
2. Notice requirements. A public utility may not Nothing in this subsection may be construed to limit a
change a schedule, including a schedule of joint rates, public utility's right, at any time, to petition pursuant to
unless the public utility provides notice to the commis- section 1322 for temporary rate relief.
sion 30 days prior to the time the changes are to take
effect. The public utility must indicate all proposed Sec. 2. 35-A MRSA §310, as amended by PL
changes on the schedule in effect at the time notice is 2009, c. 237, §1, is further amended by amending the
provided. For good cause shown, the commission may section headnote to read:
allow changes after less than the notice specified in this
subsection or modify the requirements of this section
and section 308 with respect to publishing, posting and
352
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 168
§310. Investigation of proposed changes in rates of A. Unless exempted by rule or order of the com-
public utilities; suspension pending investi- mission, a reorganization may not take place with-
gation out the approval of the commission. A reorganiza-
Sec. 3. 35-A MRSA §310, sub-§2, as enacted tion may not be approved by the commission unless
it is established by the applicant for approval that
by PL 1987, c. 141, Pt. A, §6, is repealed. the reorganization is consistent with the interests of
Sec. 4. 35-A MRSA §310, sub-§3, as amended the utility's ratepayers and investors. If a reorgani-
by PL 2009, c. 237, §1, is further amended to read: zation would result in the transfer of ownership and
control of a public utility or the parent company of
3. Exception: Municipal and quasi-municipal
water utilities and consumer-owned transmission a public utility, a reorganization may not be ap-
proved by the commission unless it is established
and distribution utilities. This section and section by the applicant for approval that the reorganiza-
307, subsection 3 does not apply to:
tion provides net benefits to the utility's ratepayers.
A. Municipal or quasi-municipal corporations that The commission shall rule upon all requests for ap-
are water utilities within the definition of section proval of a reorganization within 60 days of the fil-
102, any provisions in any charter notwithstanding, ing of the request for approval. If it determines that
and that elect to proceed pursuant to the terms of the necessary investigation cannot be concluded
section 6104 or 6104‑A, unless by the express within 60 days, the commission may extend the pe-
terms of section 6104 or 6104‑A the provisions of riod for a further period of no more than 120 days,
this section are made applicable to those corpora- unless this period is extended either by agreement
tions; of all the parties or by the commission upon its de-
A-1. Municipal or quasi-municipal corporations termination that the party seeking the extension
would be unreasonably disadvantaged because of
that are water utilities within the definition of sec- circumstances beyond that party's control unless
tion 102, any provisions in any charter notwith-
standing, and that file a change in a schedule pur- the extension were granted, as long as the party
prior to the request for the extension had prose-
suant to section 307 that changes rates, tolls or cuted its case in good faith and with due diligence.
charges for service other than the provision of wa-
ter, only if the cumulative revenue impact of all In granting its approval, the commission shall im-
pose such terms, conditions or requirements as, in
such changes that become effective within any con- its judgment, are necessary to protect the interests
secutive 12-month period does not exceed 1% of
the utility's total annual revenue; or of ratepayers. These conditions must include pro-
visions that ensure the following:
B. Consumer-owned transmission and distribution
(1) That the commission has reasonable ac-
utilities organized in accordance with chapter 35, cess to books, records, documents and other
unless by the express terms of chapter 35 the pro-
visions of this section are made applicable to those information relating to the utility or any of its
affiliates, except that the Public Utilities Com-
districts. mission may not have access to trade secrets
Sec. 5. 35-A MRSA §707, sub-§3, ¶A, as en- unless it is essential to the protection of the in-
acted by PL 1987, c. 141, Pt. A, §6, is amended to read: terests of ratepayers or investors. The com-
mission shall afford trade secrets and other in-
A. Unless the commission disapproves it within 60
days of filing, a contract or arrangement filed with formation such protection from public disclo-
sure as is provided in the Maine Rules of Civil
the commission under this section is deemed ap- Procedure;
proved. The commission may, however, suspend
the effective date of the contract or arrangement for (2) That the commission has all reasonable
an additional 60 days if necessary to enable the powers to detect, identify, review and approve
commission to complete its review of the contract or disapprove all transactions between affili-
or arrangement or for a longer period by agreement ated interests;
of all the parties or by the commission if the com- (3) That the utility's ability to attract capital on
mission determines that the party seeking the ex-
tension would be unreasonably disadvantaged be- reasonable terms, including the maintenance
of a reasonable capital structure, is not im-
cause of circumstances beyond that party's control paired;
unless the extension were granted, as long as the
party prior to the request for extension had prose- (4) That the ability of the utility to provide
cuted its case in good faith and with due diligence. safe, reasonable and adequate service is not
impaired;
Sec. 6. 35-A MRSA §708, sub-§2, ¶A, as
amended by PL 2019, c. 353, §2, is further amended to (5) That the utility continues to be subject to
read: applicable laws, principles and rules govern-
ing the regulation of public utilities;
353
PUBLIC LAW, C. 169 FIRST SPECIAL SESSION - 2023
354
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 170
1-A, 1-B and 1-C. The committee has the authority to 2. Administration of other vaccines. A pharma-
report out a bill to the Second Regular Session of the cist licensed in this State who meets the qualifications
131st Legislature based on the report. and requirements of section 13832 and rules adopted by
Sec. 5. Retroactivity. This Act applies retroac- the board, in addition to influenza vaccines under sub-
section 1, may administer vaccines licensed by the
tively to January 1, 2023. United States Food and Drug Administration that are
Emergency clause. In view of the emergency recommended by the United States Centers for Disease
cited in the preamble, this legislation takes effect when Control and Prevention Advisory Committee on Im-
approved. munization Practices, or successor organization, for ad-
Effective June 15, 2023. ministration to adults to a person 18 years of age or
older according to a valid prescription when the person
has an existing primary care physician or other existing
CHAPTER 170 relationship with a nurse practitioner or an authorized
practitioner in this State A pharmacist may administer
S.P. 478 - L.D. 1151 vaccines licensed by the United States Food and Drug
Administration that are recommended by the United
An Act Concerning the States Centers for Disease Control and Prevention Ad-
Authority for Pharmacists to visory Committee on Immunization Practices, or suc-
Administer Vaccines cessor organization, for administration to a person 3
years of age or older and under 18 years of age accord-
Emergency preamble. Whereas, acts and re- ing to a valid prescription from a prescriber licensed un-
solves of the Legislature do not become effective until der chapters 31, 36 or 48. A pharmacist may administer
90 days after adjournment unless enacted as emergen- vaccines licensed by the United States Food and Drug
cies; and Administration that are outside the guidelines recom-
Whereas, federal guidance issued under the fed- mended by the United States Centers for Disease Con-
eral Public Readiness and Emergency Preparedness Act trol and Prevention Advisory Committee on Immuniza-
authorized licensed pharmacists to administer certain tion Practices, or successor organization, for admin-
vaccines under certain circumstances in response to the istration to a person 18 years of age or older according
COVID-19 pandemic for the duration of the federal to a valid prescription when the person has an existing
public health emergency declaration; and primary care physician or other existing relationship
with a nurse practitioner or an authorized practitioner in
Whereas, the federal public health emergency this State if the prescription specifically states that the
declaration expired on May 11, 2023; and vaccine is medically necessary. When the person does
Whereas, codifying in state law the authority of not have an existing relationship with a primary care
pharmacists to administer vaccines is necessary to en- physician, nurse practitioner or other practitioner in this
sure there is no gap in the provision of vaccination ser- State, the pharmacist may proceed to administer accord-
vices by pharmacists; and ing to a treatment protocol established by an authorized
practitioner or a written standing order from a practi-
Whereas, in the judgment of the Legislature, tioner authorized under the laws of this State to issue an
these facts create an emergency within the meaning of order, a prescription or a protocol to a person 18 years
the Constitution of Maine and require the following leg- of age or older for vaccines licensed by the United
islation as immediately necessary for the preservation States Food and Drug Administration that are recom-
of the public peace, health and safety; now, therefore, mended by the United States Centers for Disease Con-
Be it enacted by the People of the State of Maine trol and Prevention Advisory Committee on Immuniza-
as follows: tion Practices, or successor organization, for admin-
istration to adults.
Sec. 1. 32 MRSA §13831, sub-§1, as amended
by PL 2015, c. 211, §1, is further amended to read: Sec. 3. 32 MRSA §13831, sub-§6 is enacted to
read:
1. Administration of influenza vaccines. A phar-
macist licensed in this State who meets the qualifica- 6. Notification of vaccines administration. A
tions and requirements of section 13832 and rules pharmacist licensed in this State who meets the qualifi-
adopted by the board may administer topically or by in- cations and requirements of section 13832 and rules
jection or by inhalation all forms of influenza vaccines, adopted by the board shall provide a written immuniza-
including intranasal influenza vaccines, to a person 7 3 tion record to the person, or the person's representative,
years of age or older without a prescription. receiving a vaccine administered under this section.
Within 72 hours of administering a vaccine, a pharma-
Sec. 2. 32 MRSA §13831, sub-§2, as amended cist shall notify the person's primary care provider, if
by PL 2013, c. 6, §1, is further amended to read: any, of administration of the vaccine. Beginning August
1, 2023, a pharmacist shall report the administration of
355
PUBLIC LAW, C. 171 FIRST SPECIAL SESSION - 2023
356
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 173
357
PUBLIC LAW, C. 174 FIRST SPECIAL SESSION - 2023
358
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 176
shall designate which areas in these facilities con- housing services under section 7801 in which 2 or more
stitute the voting place, the voting booth and the staff are required to be awake and on duty during a night
guardrail enclosure. The clerk shall post a notice in shift, one of the staff may be shared with a nursing fa-
the municipal office that absentee voting will be cility located in the same building without prior ap-
conducted as prescribed in this subsection. The proval from the department, subject to the following
clerk shall provide a notice to each facility of the provisions.
date and time when absentee voting will be con- A. Prior notice must be given to the department.
ducted. The notice must state that the facility is re-
quired to notify the contact person or persons, if B. The assisted living program housing facility
any, for each resident that absentee voting will be shall maintain its state minimum staffing ratio, and
conducted. Each facility shall provide notice, the nursing facility shall maintain its state mini-
which may be in the form of an e-mail or an elec- mum staffing ratio and its federal licensed nurse
tronic newsletter, to the contact person or persons, staffing requirement.
if any, for each resident of the date and time when
absentee voting will be conducted at the facility. C. The assisted housing program facility and the
nursing facility shall each post a notice informing
Sections 681 and 682 apply to voting in these facil- the public that, although staffing is shared on the
ities within the areas designated by the clerk.
night shift, compliance with the minimum staffing
B. To protect public health, the Secretary of State requirements is maintained.
may designate procedures for conducting absentee
D. The department may suspend the facility's abil-
voting for the residents of a facility to which this ity to share staffing under this subsection if the
subsection applies that differ from the procedures
described in paragraph A if: most recent survey for either level of care indicates
deficiencies that are related to resident care and that
(1) The Department of Health and Human Ser- arise from the sharing of staff.
vices declares a health emergency under Title Sec. 3. 22 MRSA §2491, sub-§7-F, as
22, section 802, subsection 2;
amended by PL 2021, c. 125, §4, is further amended to
(2) The Governor declares an extreme public read:
health emergency under Title 22, section 802,
7-F. Lodging place. "Lodging place" means a
subsection 2‑A; fixed structure, or any part of a structure, used, main-
(3) The Department of Health and Human Ser- tained or advertised as a place where sleeping accom-
vices determines that a public health threat, as modations are furnished that offers stays that are tem-
defined in Title 22, section 801, subsection 10, porary in nature and consist of fewer than 183 days in
threatens the health, welfare or safety of the the aggregate per year. "Lodging place" includes ac-
municipal clerk or the residents of a facility de- commodations in the entertainment, hospitality, recrea-
scribed in this subsection; or tion and tourism industries, including, but not limited
(4) A facility described in this subsection pro- to, hotels, motels, bed and breakfasts, inns and proper-
ties under common management at the same location
hibits the municipal clerk from entering the fa- where 4 or more rooms, cottages or condominium units
cility.
are available. "Lodging place" does not include vaca-
Procedures designated under this paragraph remain tion rentals, youth camps, dormitories of charitable, ed-
in effect for the duration of the health emergency, ucational or philanthropic institutions, fraternity or so-
extreme public health emergency or public health rority houses affiliated with educational institutions,
threat or for as long as the municipal clerk remains permanent residences, or rental properties with tenant
prohibited from entering the facility, as the case and landlord relationships as described under Title 14,
may be. chapters 709 to 710‑D, nursing facilities as defined in
section 1812‑A, assisted living programs facilities as
Sec. 2. 22 MRSA §1812-C, sub-§6-A, as defined in section 7852, subsection 4 4-A or residential
amended by PL 2003, c. 416, §2, is further amended to
read: care facilities as defined in section 7852, subsection 14.
6-A. Shared staffing. The department shall per- Sec. 4. 22 MRSA §7801, sub-§1, ¶A-1, as cor-
rected by RR 2001, c. 2, Pt. A, §36, is amended to read:
mit staff in nursing facilities to be shared with facilities
licensed to provide assisted living housing services as A-1. In accordance with subparagraphs (1) and (2),
long as there is a clear, documented audit trail and the an assisted housing program facility either directly
staffing in the nursing facilities remains adequate to or by contract providing to its residents any of the
meet the needs of residents. Staffing to be shared may following services: personal care assistance, the
be based on the average number of hours used per week administration of medication or nursing services.
or month within the assisted living program housing fa-
cility. In a facility licensed to provide assisted living
359
PUBLIC LAW, C. 176 FIRST SPECIAL SESSION - 2023
(1) An assisted housing program facility may 1. Standards. Assisted housing programs facili-
directly provide to its residents meals, house- ties further the independence of the resident and respect
keeping and chore assistance, case manage- the privacy and personal choices of the resident, includ-
ment and personal care assistance delivered on ing the choice to continue to reside at home for so long
the site of congregate housing without obtain- as the assisted housing program facility, as it is funda-
ing a separate license to do so. mentally designed, is able to meet the needs of the resi-
(2) An assisted housing program facility licen- dent. Assisted housing programs facilities provided to
residents must be consumer oriented and meet profes-
see may hold at any one time only one license sional standards of quality.
under this subsection. A qualified assisted
housing program facility may obtain a license 2. Settings. Assisted housing programs may be
for a different category under this subsection, provided in facilities consist of the following settings:
upon application and surrender of the previous
license; A. Independent housing with services programs, as
defined in section 7852, subsection 6;
Sec. 5. 22 MRSA §7802, sub-§2, ¶B, as B. Assisted living programs facilities, as defined
amended by PL 2021, c. 35, §14, is further amended to in section 7852, subsection 4 4-A; or
read:
C. Residential care facilities, as defined in section
B. The terms of full licenses or approvals are as
follows. 7852, subsection 14.
360
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 176
The department may adopt rules necessary to imple- program of assisted housing supportive services pro-
ment this subsection. Rules adopted pursuant to this vided to residents in private apartments in buildings that
subsection are routine technical rules as defined in Title include a common dining area, either directly by the
5, chapter 375, subchapter 2‑A. provider or indirectly through contracts with persons,
entities or agencies who receive funds through a written
Sec. 8. 22 MRSA §7852, sub-§2, as enacted by agreement with the department's office of aging and dis-
PL 2001, c. 596, Pt. A, §1 and affected by Pt. B, §25, is
repealed. ability services.
Sec. 9. 22 MRSA §7852, sub-§2-A is enacted Sec. 15. 22 MRSA §7852, sub-§9, as enacted
by PL 2001, c. 596, Pt. A, §1 and affected by Pt. B, §25,
to read: is repealed.
2-A. Assisting housing facility. "Assisted hous- Sec. 16. 22 MRSA §7852, sub-§10-A is en-
ing facility" means an assisted living facility, a residen-
tial care facility or an independent housing with ser- acted to read:
vices program. 10-A. Multi-level health care facility. "Multi-
level health care facility" means a residential care facil-
Sec. 10. 22 MRSA §7852, sub-§3, as enacted ity and a nursing facility that are colocated on the same
by PL 2001, c. 596, Pt. A, §1 and affected by Pt. B, §25,
is amended to read: premises.
3. Assisted housing services. "Assisted housing Sec. 17. 22 MRSA §7852, sub-§11, as enacted
by PL 2001, c. 596, Pt. A, §1 and affected by Pt. B, §25,
services" means the provision by an assisted housing is amended to read:
program of housing, assistance with activities of daily
living and instrumental activities of daily living, per- 11. Nursing services. "Nursing services" means
sonal supervision, protection from environmental haz- services provided by professional nurses defined in Ti-
ards, meals, diet care, care management and, diver- tle 32, section 2102, subsection 2. "Nursing services"
sional or motivational activities, medication administra- includes coordination and oversight of resident care ser-
tion and nursing services. vices provided by unlicensed health care assistive per-
sonnel in assisted living programs housing facilities.
Sec. 11. 22 MRSA §7852, sub-§4, as enacted
by PL 2001, c. 596, Pt. A, §1 and affected by Pt. B, §25, Sec. 18. 22 MRSA §7852, sub-§14, as enacted
is repealed. by PL 2001, c. 596, Pt. A, §1 and affected by Pt. B, §25
Sec. 12. 22 MRSA §7852, sub-§4-A is enacted and amended by PL 2003, c. 689, Pt. B, §6, is further
amended to read:
to read:
14. Residential care facility. "Residential care fa-
4-A. Assisted living facility. "Assisted living fa- cility" means a house or other place that, for considera-
cility" means a house or other place that, for considera-
tion, is maintained wholly or in part for the purpose of tion, is maintained wholly or partly for the purpose of
providing residents with assisted living services. Resi-
providing assisted living services to residents in private dential care facilities provide housing and services to
apartments in buildings that include a common dining
area, either directly by the provider or indirectly residents in private or semi-private bedrooms in build-
ings with common living areas and dining areas. "Res-
through contracts with persons, entities or agencies. idential care facility" does not include a licensed nurs-
Sec. 13. 22 MRSA §7852, sub-§5, as amended ing home, a mental health residential program licensed
by PL 2003, c. 688, Pt. C, §12, is further amended to under Title 34-B, section 1203-A, a substance use treat-
read: ment facility licensed under chapter 1667, a residential
5. Assisted living services. "Assisted living ser- program for individuals with intellectual disabilities li-
censed under Title 34-B, section 1203-A or a supported
vices" means the provision of assisted housing services shared living arrangement certified by the department.
by an assisted housing program, either directly by the
provider or indirectly through contracts with persons, Sec. 19. 22 MRSA §7853, first ¶, as amended
entities or agencies, of assisted housing services, as- by PL 2003, c. 673, Pt. V, §2 and affected by §29, is
sisted housing services with the addition of medication further amended to read:
administration or assisted housing services with the ad-
The commissioner shall adopt rules for licensed as-
dition of medication administration and nursing ser- sisted housing programs facilities. Rules adopted pur-
vices facility.
suant to this section are major substantive rules as de-
Sec. 14. 22 MRSA §7852, sub-§6, as enacted fined in Title 5, chapter 375, subchapter 2‑A, except that
by PL 2001, c. 596, Pt. A, §1 and affected by Pt. B, §25, rules to establish categories of licensed assisted housing
is amended to read: programs facilities, including private nonmedical insti-
tutions, are routine technical rules as defined in Title 5,
6. Independent housing with services program. chapter 375, subchapter 2‑A.
"Independent housing with services program" means a
361
PUBLIC LAW, C. 176 FIRST SPECIAL SESSION - 2023
Sec. 20. 22 MRSA §7853, sub-§1, as enacted when financing based on low-income housing tax cred-
by PL 2001, c. 596, Pt. A, §1 and affected by Pt. B, §25, its is utilized for the housing component of assisted liv-
is amended to read: ing programs housing facilities.
1. Consultation. The rules must be developed in Sec. 25. 22 MRSA §7854, as enacted by PL
consultation with the long-term care ombudsman pro- 2001, c. 596, Pt. A, §1 and affected by Pt. B, §25, is
gram established pursuant to section 5106, subsection amended to read:
11‑C, consumer representatives and providers of in the
§7854. Fees for licensure
type of assisted housing program facility to which the
rules will apply. The department shall charge annual fees for licen-
sure of residential care facilities and assisted living pro-
Sec. 21. 22 MRSA §7853, sub-§3, as enacted grams facilities as follows:
by PL 2001, c. 596, Pt. A, §1 and affected by Pt. B, §25,
is amended to read: 1. Fees for residential care facility. Ten dollars
per licensed bed for a residential care facility; and
3. Administration of medication rules. In adopt-
ing the rules for administration of medication, the com- 2. Fees for assisted living programs facilities.
missioner shall consider, among other factors, the gen- Two hundred dollars for an assisted living program fa-
eral health of the persons likely to receive medication cility.
and the numbers of persons served and employed by the
assisted housing program facility. The department may Sec. 26. 22 MRSA §7856, as amended by PL
2019, c. 338, §1, is further amended to read:
require unlicensed personnel to have successfully com-
pleted a program of training and instruction, approved §7856. Fire safety inspection for assisted living pro-
by the department for the administration of medication, grams facilities
that is not limited to in-service training. In accordance with this section, the department
Sec. 22. 22 MRSA §7853, sub-§5, as amended shall adopt rules pursuant to Title 5, chapter 375 for the
by PL 2003, c. 449, §3, is further amended to read: inspection of assisted living programs facilities as de-
fined in section 7852, subsection 4, 4-A by the Com-
5. Assisted living program housing facility
rules. The commissioner shall adopt rules for assisted missioner of Public Safety or the commissioner's des-
ignee and the fees for that inspection. Rules regarding
living programs housing facilities. In addition to the fees adopted pursuant to this section are major substan-
subject matter of rules listed in subsection 2, the rules
must recognize and promote the efficiencies inherent in tive rules as defined in Title 5, chapter 375, subchapter
II‑A 2-A.
providing services in the applicable setting with respect
to staffing and other responsibilities, while ensuring 1. Permits; inspection. Construction and renova-
quality of care and safety. The rules must set require- tion of assisted living programs facilities require a con-
ments and standards for services rendered in the appli- struction permit from the Commissioner of Public
cable settings that recognize the differences between Safety. Prior to licensure all assisted living programs
those settings and private homes served pursuant to facilities must be inspected by the Commissioner of
chapter 419. The rules must permit staff in assisted liv- Public Safety or the commissioner's designee at the re-
ing programs housing facilities to be shared in accor- quest of the department. All assisted living programs
dance with section 1812‑C, subsection 6‑A and section facilities must be inspected upon performing renova-
7914 7860. tions and must be reinspected every 2 years.
Sec. 23. 22 MRSA §7853, sub-§6, as amended 2. Certificate of compliance. The Commissioner
by PL 2003, c. 449, §3, is further amended to read: of Public Safety shall issue a certificate of compliance
with the provisions of this section to the department.
6. Applicability of residents' rights rules. Any
rules adopted pursuant to this section pertaining to res- 3. Requirements. All assisted living programs fa-
idents' rights are applicable to licensed assisted housing cilities must be inspected using the chapter pertaining
programs facilities. to the applicable building type of the National Fire Pro-
tection Association Life Safety Code adopted by the
Sec. 24. 22 MRSA §7853, sub-§7, as enacted Department of Public Safety, Office of the State Fire
by PL 2003, c. 449, §4, is amended to read:
Marshal and must be protected throughout by a super-
7. Relationship to tax credit financing. In adopt- vised, automatic sprinkler system approved by the
ing rules under this section, the department shall give Commissioner of Public Safety.
due consideration to and shall avoid conflicts with the
requirements of the federal Internal Revenue Code of Sec. 27. 22 MRSA §7857, sub-§1, as enacted
by PL 2001, c. 596, Pt. A, §1 and affected by Pt. B, §25,
1986 and regulations promulgated under the federal In- is amended to read:
ternal Revenue Code of 1986 and any other require-
ments imposed by the federal Internal Revenue Service 1. Permission to manage personal funds. An op-
erator or agent of an assisted housing program facility
362
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 176
may not manage, hold or deposit in a financial institu- dents. Staffing to be shared may be based on the aver-
tion the personal funds of a resident of the facility un- age number of hours used per week or month within the
less the operator or agent has received written permis- assisted housing program facility. For the purposes of
sion from: this section, "shared staffing" means the use of licensed
and unlicensed personnel who are employed, directly or
A. The resident if the resident does not have a under a contract, by a long-term care multi-level health
guardian, trustee or conservator;
care facility in more than one level of care provided by
B. The resident's guardian, trustee or conservator a single entity on the same premises.
if that person exists and can be reached; or
Sec. 32. 22 MRSA §7861, as amended by PL
C. The department if a guardian, trustee or conser- 2013, c. 582, §§2 and 3, is further amended to read:
vator exists but can not cannot be reached. §7861. Administration of assisted housing programs
Sec. 28. 22 MRSA §7857, sub-§2, as enacted facilities funded by the State; eligible clients
by PL 2001, c. 596, Pt. A, §1 and affected by Pt. B, §25,
is amended to read: The Department of Health and Human Services,
with advice from the Maine State Housing Authority,
2. Itemized accounting. An operator or agent of the United States Department of Agriculture, Rural
an assisted housing program facility who, after receiv- Housing Services Service or any other housing agency
ing written permission pursuant to subsection 1, man- financing assisted housing programs facilities, shall ad-
ages or holds the personal funds of a resident shall minister state-funded assisted housing programs facili-
maintain an account for these funds, which must include ties. Administration must include, but is not limited to:
for each resident a separate, itemized accounting for the
use of that resident's personal funds with supporting 1. Rules; payment for assisted housing pro-
grams facilities. Adopting rules governing the services
documentation for every expenditure in excess of $2. to be provided under assisted housing programs facili-
Sec. 29. 22 MRSA §7857, sub-§3, as enacted ties paid for with state funds. Rules adopted pursuant
by PL 2001, c. 596, Pt. A, §1 and affected by Pt. B, §25, to this subsection are routine technical rules as defined
is amended to read: in Title 5, chapter 375, subchapter II‑A 2-A;
3. Depositing personal funds. The department 2. Compliance with standards and guidelines.
may require an operator or agent of an assisted housing Reviewing the compliance of assisted housing pro-
program facility to deposit in a financial institution the grams facilities with standards and guidelines estab-
personal funds of a resident if the resident has a guard- lished for the programs facilities;
ian, trustee or conservator who can not cannot be 3. Awarding of grants. Awarding of grants, when
reached.
available and necessary, to subsidize the cost of assisted
Sec. 30. 22 MRSA §7857, sub-§4, as enacted housing programs facilities for eligible clients.
by PL 2001, c. 596, Pt. A, §1 and affected by Pt. B, §25,
For the purposes of this subsection, "eligible clients"
is amended to read: means adults who have been determined through an ap-
4. Use of personal funds by operator prohibited. proved assessment by the department to be functionally
Under no circumstances may an operator or agent of an or cognitively impaired and in need of financial assis-
assisted housing program facility use the personal funds tance to access assisted housing programs facilities; and
of a resident for the operating costs of the facility or for 4. Residential care facility depreciation. Calcu-
services or items that are reimbursed by a 3rd party.
The personal funds of a resident may not be commin- lating depreciation recapture for a residential care facil-
ity, as defined in section 7852, subsection 14, that is re-
gled with the business funds of the facility or with the imbursed by the department under the rules of reim-
personal funds or accounts of the owner, a member of
the owner's family or an employee of the facility. bursement for room and board costs, including depreci-
ation, when the facility is sold on or after July 1, 2013,
Sec. 31. 22 MRSA §7860, as enacted by PL using a methodology that provides percentage credits
2001, c. 596, Pt. A, §1 and affected by Pt. B, §25, is for buildings, fixed equipment and moveable equipment
amended to read: based on the number of years of operation of the resi-
dential care facility by the owner that is consistent with
§7860. Shared staffing
the following:
The department shall permit shared staffing be-
tween residential care facilities and other levels of as- A. For the purposes of determining depreciation
recapture for buildings and fixed equipment, the
sisted housing on the same premises within multi-level methodology must determine the number of years
health care facilities as long as there is a clear, docu-
mented audit trail and the staffing in the residential care of operation by reference to the date on which the
owner began operating with the original license;
facilities remains adequate to meet the needs of resi-
363
PUBLIC LAW, C. 177 FIRST SPECIAL SESSION - 2023
B. For the purposes of determining depreciation 1681, a state institution as defined under Title 34‑B,
recapture for moveable equipment, the methodol- chapter 1 and a mental health facility licensed under Ti-
ogy must enable percentage credits to reach 100% tle 34‑B, chapter 1. For the purposes of this chapter,
after the first 6 years of the assigned useful life; and "health care facility" does not include retail pharmacies.
C. The methodology must treat as equivalent to the Sec. 37. 22 MRSA §9053, sub-§2, as enacted
owner of the residential care facility any person or by PL 2015, c. 299, §25, is amended to read:
entity that owns or controls the entity that owns the
2. Assisted housing program facility. "Assisted
residential care facility and any entity that is owned housing program facility" means a program or facility
or controlled by the owner of the residential care
facility. licensed pursuant to chapter 1663.
Sec. 33. 22 MRSA §7932, sub-§2, as amended Sec. 38. 22 MRSA §9054, sub-§7, ¶L, as en-
acted by PL 2015, c. 299, §25, is amended to read:
by PL 2001, c. 596, Pt. B, §15 and affected by §25, is
further amended to read: L. Assisted housing programs facilities;
2. Facility. "Facility" means any assisted living See title page for effective date.
facility, residential care facility or assisted housing pro-
gram facility subject to licensure pursuant to chapters
1663 and 1664, any nursing facility or unit subject to CHAPTER 177
licensure pursuant to chapter 405 and any private psy- S.P. 293 - L.D. 735
chiatric hospital subject to licensure pursuant to chapter
405. An Act to Require the State to
Sec. 34. 22 MRSA §7942, sub-§3, as amended Hold a Public Hearing in a
by PL 2003, c. 634, §7, is further amended to read: Municipality Before the State
3. Long-term care facility. "Long-term care fa- Constructs a Solar Project in
cility" means an assisted living program facility or res- That Municipality
idential care facility subject to licensure pursuant to Be it enacted by the People of the State of Maine
chapters 1663 and 1664 and a nursing or intermediate as follows:
care facility or unit subject to licensure pursuant to
chapter 405. Sec. 1. 5 MRSA §1742-B, as amended by PL
2021, c. 275, §2, is further amended by enacting after
Sec. 35. 22 MRSA §7942, sub-§7, as amended the 3rd paragraph a new paragraph to read:
by PL 2011, c. 542, Pt. A, §47, is further amended to
read: If a proposed public improvement is for or includes
installation of a solar energy project that will involve
7. State licensing rules. "State licensing rules" the disturbance of more than 1,000 square feet of land
refers to the department's rules governing the licensing area, the state agency responsible for the installation of
and functioning of nursing facilities, intermediate care the solar energy project shall hold a public hearing on
facilities for persons with intellectual disabilities and the project in the municipality where the project is lo-
assisted living programs facilities or residential care fa- cated. The public hearing under this paragraph must be
cilities. provided as soon as development of the schematic de-
Sec. 36. 22 MRSA §8702, sub-§4, as amended sign for the solar energy project is complete.
by PL 2011, c. 233, §1, is further amended to read: Sec. 2. 23 MRSA §73, sub-§3, ¶F, as corrected
4. Health care facility. "Health care facility" by RR 1991, c. 2, §88, is amended to read:
means a public or private, proprietary or not-for-profit F. Be consistent with the purposes, goals and pol-
entity or institution providing health services, includ- icies of the Comprehensive Planning and Land Use
ing, but not limited to, a radiological facility licensed Regulation Act Title 30-A, chapter 187, subchapter
under chapter 160, a health care facility licensed under 2; and
chapter 405, an independent radiological service center,
a federally qualified health center certified by the Sec. 3. 23 MRSA §73, sub-§3, ¶G, as cor-
United States Department of Health and Human Ser- rected by RR 1991, c. 2, §88, is amended to read:
vices, Health Resources and Services Administration, a G. Incorporate a public participation process in
rural health clinic or rehabilitation agency certified or which local governmental bodies and the public
otherwise approved by the Division of Licensing and have timely notice and opportunity to identify and
Regulatory Services within the Department of Health comment on concerns related to transportation
and Human Services, a home health care provider li- planning decisions, capital investment decisions
censed under chapter 419, an assisted living program and project decisions. The department Department
facility or a residential care facility licensed under chap- of Transportation and the Maine Turnpike Author-
ter 1663, a hospice provider licensed under chapter ity shall take the comments and concerns of local
364
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 180
citizens into account and must be responsive to that does not violate the federal Fair Labor Standards
them.; and Act of 1938 and regulations made pursuant to that Act.
as long as:
Sec. 4. 23 MRSA §73, sub-§3, ¶H is enacted
to read: A. The tip pooling arrangement is only among ser-
H. Ensure opportunity for public input whenever vice employees when the employer uses the tip
credit under subsection 2; or
the Department of Transportation or the Maine
Turnpike Authority plans to install a solar energy B. The tip pooling arrangement is among a group
project that will involve the disturbance of more of employees when the employer pays all employ-
than 1,000 square feet of land area. The department ees in the group the minimum hourly wage and
or the authority shall hold a public hearing in the does not use the tip credit under subsection 2. An
municipality where the solar energy project is to be employer may not receive tips from such a tip pool
located. and may not allow supervisors and managers to re-
ceive tips from the tip pool.
See title page for effective date.
See title page for effective date.
CHAPTER 178
S.P. 361 - L.D. 864 CHAPTER 180
S.P. 391 - L.D. 920
An Act to Clarify Provisions of
the Maine Good Samaritan An Act Regarding Temporary
Law Transfers of Elver Fishing
Be it enacted by the People of the State of Maine Quotas for Medical Reasons
as follows: Be it enacted by the People of the State of Maine
Sec. 1. 17-A MRSA §1111-B, sub-§1, ¶A, as as follows:
enacted by PL 2021, c. 724, §1, is amended by amend- Sec. 1. 12 MRSA §6575-L, sub-§1, as cor-
ing subparagraph (11) to read: rected by RR 2015, c. 1, §5, is amended to read:
(11) Endangering the welfare of a child as de- 1. Temporary medical transfer requested prior
scribed in section 554, subsection 1, paragraph to March 1st. Notwithstanding section 6505‑A, sub-
A; section 3‑A, the commissioner may authorize a tempo-
rary medical transfer that permits the holder of an elver
See title page for effective date. fishing license issued under section 6505‑A to transfer
the entire remaining annual quota allocated to that per-
CHAPTER 179 son at the time the request is made to another person
holding an elver fishing license issued under section
H.P. 559 - L.D. 903 6505‑A if the following criteria are met:
An Act to Establish Parity in A. The transferor reported elver landings in the
Tipping Laws for Restaurant prior fishing year; and
Workers B. The transferor is unable to fish the quota allo-
cated to the transferor because the transferor has
Be it enacted by the People of the State of Maine experienced a substantial illness or medical condi-
as follows: tion. The transferor shall provide the commis-
Sec. 1. 26 MRSA §664, sub-§2, ¶D, as enacted sioner with documentation from a physician de-
by PL 2017, c. 272, §1, is amended to read: scribing the substantial illness or medical condi-
tion; and.
D. That all tips received by the affected employee
must be retained by the employee, except for a C. The transferor requests a temporary medical
valid tip pooling arrangement limited to employees transfer in writing before March 1st of the fishing
who customarily and regularly receive tips in year for which it is being requested, except that the
accordance with subsection 2‑A; commissioner may adopt rules that provide a
method for authorizing a temporary medical trans-
Sec. 2. 26 MRSA §664, sub-§2-A, as amended fer requested after March 1st to address emergency
by PL 2019, c. 10, §1, is further amended to read: medical conditions.
2-A. Tip pooling. This section may not be con- The commissioner may adopt rules that provide that a
strued to prohibit an employer from establishing a valid transferor may choose to retain the income and tax bur-
tip pooling arrangement only among service employees den from the sale of the transferor's transferred quota or
365
PUBLIC LAW, C. 181 FIRST SPECIAL SESSION - 2023
that the transferor may choose to allow the license B. The chair of the Commission for the Deaf, Hard
holder receiving the transferor's quota to retain the in- of Hearing and Late Deafened established by Title
come and assume the tax burden of the sale of the trans- 5, section 12004‑J, subsection 17, or a designee;
ferred quota. C. One member from the Public Utilities Commis-
Rules adopted pursuant to this subsection are routine sion, appointed by the commissioners;
technical rules as defined in Title 5, chapter 375, sub-
chapter 2‑A. C-1. One member from the Maine Connectivity
Authority, as established in Title 5, section
See title page for effective date. 12004-G, subsection 33-H, appointed by the presi-
dent of the authority;
CHAPTER 181 D. One member from the office of the Public Ad-
vocate, appointed by the Public Advocate; and
H.P. 594 - L.D. 947
E. Eight Six members appointed by the Governor
An Act to Support the as follows:
Distribution of Free Summer (1) One member from the Maine Educational
Lunches for Children Center for the Deaf and Hard of Hearing and
the Governor Baxter School for the Deaf;
Be it enacted by the People of the State of Maine
as follows: (2) One member from a statewide association
for the deaf;
Sec. 1. 20-A MRSA §6602, sub-§5, as
amended by PL 2011, c. 379, §6, is further amended to (3) One member from a disability rights or-
read: ganization in this State;
5. Rules. The commissioner shall adopt or amend, (4) One member from the largest incumbent
with the state board's approval, rules under this sub- local exchange carrier providing telecommu-
chapter, including rules about the qualifications of food nications relay service in this State; and
service programs' personnel and rules to implement the (5) One member of a telephone association in
federal summer food service program for children under this State, except that the representative under
subsection 1, paragraph C. To the extent allowed under this subparagraph may not be a representative
federal law, rules adopted under this subchapter must of the carrier under subparagraph (4);
allow for the greatest amount of flexibility in meal times
and packaging of meals to send home with students. (6) Two members from the general public who
use telecommunications devices for the deaf
See title page for effective date. that operate in connection with telecommuni-
cations relay services as their primary means
CHAPTER 182 of telecommunications; and.
S.P. 434 - L.D. 1065 (7) One member representing a company that
provides telecommunications relay services
An Act to Improve the through the Internet, wireless telecommunica-
Telecommunications Relay tions or cable telecommunications.
Services Council by Reducing The executive director shall serve as a nonvoting mem-
Its Membership and Allowing ber of the council in accordance with subsection 3-A,
for the Hiring of an Executive paragraph E.
Director Sec. 2. 35-A MRSA §8704, sub-§3-A is en-
Be it enacted by the People of the State of Maine acted to read:
as follows: 3-A. Executive director. The council shall,
Sec. 1. 35-A MRSA §8704, sub-§1, as within its allowable annual budget established by sub-
amended by PL 2017, c. 408, §6, is further amended to section 6, hire a part-time executive director to assist in
read: carrying out the powers and duties of the council. The
executive director shall:
1. Membership. The council consists of 12 11
voting members as follows: A. Assist in the preparation and submission of the
budget of the council required pursuant to subsec-
A. The Director of the Division for the Deaf, Hard tion 6;
of Hearing and Late Deafened, Bureau of Rehabil-
itation Services, Department of Labor, or a des- B. Prepare and submit the report required pursuant
ignee; to subsection 8;
366
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 184
C. Assist the council with contract negotiations; Sec. 1. 26 MRSA §1166, sub-§1, ¶B, as
amended by PL 2007, c. 506, §1, is further amended to
D. Assist the council with processing invoices; read:
E. Serve as a nonvoting member of the council; and B. "Competitive Skills Scholarship Fund planned
F. Perform all other duties necessary to assist the yield" means the percentage of wages, as defined
council in performing its powers and duties pursu- in section 1043, subsection 19, equal to .02%
ant to subsection 5. .034% of the total wages for each contributing em-
Sec. 3. 35-A MRSA §8704, sub-§4, as ployer subject to this chapter.
amended by PL 2017, c. 408, §6, is further amended to Sec. 2. 26 MRSA §2033, sub-§1, ¶A-1 is en-
read: acted to read:
4. Appointment Election of chair and vice- A-1. "Certified preapprenticeship training pro-
chair. Every 2 years, the members shall elect a chair gram" means a preapprenticeship training program
and a vice-chair from among the membership. The certified by the Maine Apprenticeship Program
vice-chair shall serve as acting chair in the absence of pursuant to section 3213.
the chair. The council shall meet at the call of the chair
but no fewer than 4 times during the calendar year. The
Sec. 3. 26 MRSA §2033, sub-§1, ¶D-1 is en-
acted to read:
chair may delegate, as necessary, duties to members of
the council, either individually or through the formation D-1. "Preapprenticeship training program" has the
of subcommittees, to carry out the functions of the same meaning as in section 3201, subsection 15-A.
council.
Sec. 4. 26 MRSA §2033, sub-§4, ¶C is en-
See title page for effective date. acted to read:
C. A registered apprenticeship program approved
CHAPTER 183 pursuant to section 3202 is deemed to have met the
requirements of this subsection.
H.P. 684 - L.D. 1089
Sec. 5. 26 MRSA §2033, sub-§6, ¶A, as en-
An Act to Require Presentation acted by PL 2007, c. 352, Pt. A, §3, is amended to read:
of the Maine Charter School A. The program must provide to a participant, in
Commission's Annual Report accordance with rules adopted by the department,
when education, training and support are not rea-
Be it enacted by the People of the State of Maine sonably available from another recognized pro-
as follows: gram and are necessary to carry out that partici-
Sec. 1. 20-A MRSA §2405, sub-§8, ¶E is en- pant's plan:
acted to read: (1) Books, supplies, tools and equipment re-
E. The commission, or a representative of the com- quired by the participant's plan;
mission, shall appear annually in January before (2) Child care, transportation and other neces-
the joint standing committee of the Legislature sary support as determined by the department;
having jurisdiction over education matters to pre- and
sent the annual report required in subsection 4. The
commission's appearance before the joint standing (3) Assistance needed to obtain remedial or
committee of the Legislature having jurisdiction prerequisite education necessary for the partic-
over education matters must be in person unless ipant to participate successfully in the pro-
otherwise authorized by the committee. gram.; and
See title page for effective date. (4) Related costs of licensing or certification
necessary to practice in an occupation for
which the individual is qualified.
CHAPTER 184
Money for mandatory fees or tuition may not be
S.P. 561 - L.D. 1394 provided unless the participant is not eligible for
necessary funds from other public grants or schol-
An Act to Expand and arships reasonably available to the participant for
Strengthen the Competitive this purpose.
Skills Scholarship Program Registered apprentices and individuals participat-
Be it enacted by the People of the State of Maine ing in a plan that includes a certified preapprentice-
as follows: ship training program approved pursuant to subsec-
367
PUBLIC LAW, C. 185 FIRST SPECIAL SESSION - 2023
tion 4 are eligible for services under this subsec- Sec. 1. 1 MRSA §403-B, sub-§2, ¶G, as en-
tion, including those necessary to participate in any acted by PL 2021, c. 290, §1, is amended to read:
on-the-job learning component of the program, as
G. All votes taken during a public proceeding us-
long as the registered apprentices and individuals ing remote methods must be taken by roll call vote
meet the requirement of subsection 5, paragraph C.
that can be seen and heard if using video technol-
Sec. 6. 26 MRSA §2033, sub-§7, as enacted by ogy, and heard if using only audio technology, by
PL 2007, c. 352, Pt. A, §3, is amended to read: the other members of the public body and the pub-
7. Application; decision; appeal. An individual lic; and
must be given the opportunity to make a written appli- Sec. 2. 1 MRSA §403-B, sub-§2, ¶H, as
cation for education, training and support available amended by PL 2021, c. 611, §2, is further amended to
from the program and be given a prompt written deci- read:
sion from the department specifically indicating the H. The public body must make all documents and
type and amount of services approved or denied. The
costs for an educational transcript, credential evaluation other materials considered by the public body
available, electronically or otherwise, to the public
or similar requirement needed to determine eligibility who attend by remote methods to the same extent
for the program must be paid for by the program for any
applicant who is otherwise eligible for participation, as customarily available to members of the public
who attend the proceedings of the public body in
determined by the department, if funds are not reasona- person, as long as additional costs are not incurred
bly available from another source for this purpose. Any
decision related to eligibility for, or the provision of, by the public body. The public body must make
the proposed policy regarding remote participation
services under this section must provide notice that the available in advance of the meeting if meeting re-
decision may be appealed by the individual through a
request for a hearing within 30 days of receipt of the motely under paragraph A, subparagraphs (1) and
(2).; and
decision in accordance with rules adopted by the depart-
ment and consistent with Title 5, chapter 375, subchap- Sec. 3. 1 MRSA §403-B, sub-§2, ¶I is enacted
ter 4. The 30-day appeal period may be extended up to to read:
15 additional days if the claimant can show good cause I. When the public may attend a public proceeding
for failing to appeal within the initial 30-day period.
by remote methods, the public body must allow
Sec. 7. Appropriations and allocations. The members of the public to record the proceeding re-
following appropriations and allocations are made. motely using the same electronic platform that is
LABOR, DEPARTMENT OF used to conduct the proceeding remotely as long as
the electronic platform allows participants other
Employment Services Activity 0852 than the host to record the proceeding remotely, ad-
Initiative: Allocates funds to reflect an increase in the ditional costs are not incurred by the public body
and the recording of the proceeding does not inter-
employer contribution rates for the Competitive Skills fere with the orderly conduct of the proceeding.
Scholarship Fund.
COMPETITIVE SKILLS 2023-24 2024-25
See title page for effective date.
SCHOLARSHIP FUND
All Other $3,500,000 $3,500,000
__________ __________
CHAPTER 186
COMPETITIVE SKILLS $3,500,000 $3,500,000 S.P. 744 - L.D. 1828
SCHOLARSHIP FUND
TOTAL An Act Regarding Enhanced
See title page for effective date. 9-1-1 Public Safety Answering
Points
CHAPTER 185 Emergency preamble. Whereas, acts and re-
solves of the Legislature do not become effective until
H.P. 921 - L.D. 1425 90 days after adjournment unless enacted as emergen-
cies; and
An Act to Strengthen Freedom
of Access Protections by Whereas, an existing public safety answering
Allowing Remote Meetings to point has indicated that as of July 1, 2023, it will no
longer provide E-9-1-1 call answering to municipalities
Be Recorded in Kennebec County; and
Be it enacted by the People of the State of Maine
as follows:
368
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 187
Whereas, it is not sufficiently clear that the Public 2. The current level of state oversight of public
Utilities Commission has authority to create a new pub- safety answering points and whether this level is suffi-
lic safety answering point; and cient to ensure the efficient management of public
Whereas, it may be necessary to create as soon as safety answering points;
possible a new public safety answering point in order to 3. The effectiveness of making the Department of
ensure all people in the State have efficient and reliable Public Safety the default entity responsible for provid-
access to E-9-1-1 services; and ing E-9-1-1 services when there is a change in a public
Whereas, in the judgment of the Legislature, safety answering point’s service area; and
these facts create an emergency within the meaning of 4. The challenges faced by public safety answering
the Constitution of Maine and require the following leg- points with hiring and retaining employees and what
islation as immediately necessary for the preservation methods could be employed to assist public safety an-
of the public peace, health and safety; now, therefore, swering points with staffing obstacles.
Be it enacted by the People of the State of Maine No later than February 1, 2024, the Public Utilities
as follows: Commission shall report the results of the study, along
with any recommended legislation, to the joint standing
Sec. 1. 25 MRSA §2923-B is enacted to read: committee of the Legislature having jurisdiction over
§2923-B. Notice of service discontinuation energy, utilities and technology matters. The joint
standing committee may report out related legislation to
1. Notice. A public safety answering point shall
provide notice to the bureau prior to discontinuing ser- the 131st Legislature in 2024.
vice to a municipality. A public safety answering point Emergency clause. In view of the emergency
may not provide the notice under this subsection less cited in the preamble, this legislation takes effect when
than one year prior to the date that the public safety an- approved.
swering point discontinues service, unless the bureau Effective June 15, 2023.
finds reasonable grounds to authorize a shorter period
of time for the notification. If appropriate, the bureau
shall notify the department of the notice of discontinu- CHAPTER 187
ing service received by the bureau from a public safety
answering point. S.P. 742 - L.D. 1826
2. Penalty. A public safety answering point that vi- An Act to Designate Deer
olates subsection 1 commits a civil violation for which Wintering Areas Under the
a fine of up to $50 may be adjudged for each day that
the notice provided prior to the discontinuance of ser- Jurisdiction of the Bureau of
vice to the municipality by the public safety answering Parks and Lands
point is less than one year. The maximum fine under Be it enacted by the People of the State of Maine
this subsection is $18,250. as follows:
Sec. 2. 25 MRSA §2926, sub-§2-B is enacted Sec. 1. 12 MRSA §1805-A is enacted to read:
to read:
§1805-A. Designation of deer wintering areas
2-B. Exceptions. Notwithstanding subsection
2-A, the bureau may authorize the establishment of a The director may designate a deer wintering area
public safety answering point on a determination that a on a parcel of land under the jurisdiction of the bureau.
public safety answering point is necessary to ensure The designated area must contain high-quality deer
public safety and access to E-9-1-1 services. wintering habitat with a documented history of signifi-
cant use by deer. The bureau shall manage the desig-
Sec. 3. Study; oversight of public safety an- nated area with deer conservation as the highest man-
swering points. The Public Utilities Commission, agement priority and may also manage the designated
Emergency Services Communication Bureau shall con- area to benefit other wildlife species that rely on mature
duct a study assessing whether public safety answering softwood forests. The director may designate a deer
points can be more efficiently managed to ensure stabil- wintering area or remove the designation as a deer win-
ity of the system. The study must include but is not lim- tering area of a parcel of land under this section only
ited to the following: pursuant to a habitat management agreement developed
1. The use of incentives or subsidies provided from in collaboration with the Department of Inland Fisheries
the E-9-1-1 surcharge set out in the Maine Revised Stat- and Wildlife. A designated area under this section is el-
utes, Title 25, section 2927 that are tied to performance igible for funds from the Maine Deer Management
metrics for public safety answering point services in or- Fund under section 10264. The designation of a deer
der to stabilize the relationships between public safety wintering area under this section does not preclude or
answering points and municipalities;
369
PUBLIC LAW, C. 188 FIRST SPECIAL SESSION - 2023
370
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 189
the Constitution of Maine and require the following leg- __________ __________
islation as immediately necessary for the preservation HIGHWAY FUND TOTAL $302,559 $302,559
of the public peace, health and safety; now, therefore, Buildings and Grounds Operations 0080
Be it enacted by the People of the State of Maine Initiative: Provides funding for the department's share
as follows: of the cost for the financial and human resources service
PART A centers within the department.
Sec. A-1. Appropriations and alloca- HIGHWAY FUND 2023-24 2024-25
tions. The following appropriations and allocations All Other $4,250 $5,000
are made. __________ __________
HIGHWAY FUND TOTAL $4,250 $5,000
ADMINISTRATIVE AND FINANCIAL
SERVICES, DEPARTMENT OF BUILDINGS AND GROUNDS OPERATIONS
0080
Budget - Bureau of the 0055
PROGRAM SUMMARY
Initiative: BASELINE BUDGET HIGHWAY FUND 2023-24 2024-25
HIGHWAY FUND 2023-24 2024-25 POSITIONS - 10.000 10.000
POSITIONS - 1.000 1.000 LEGISLATIVE COUNT
LEGISLATIVE COUNT Personal Services $610,740 $630,854
Personal Services $125,710 $126,698 All Other $1,609,050 $1,609,800
All Other $8,893 $8,893 __________ __________
__________ __________ HIGHWAY FUND TOTAL $2,219,790 $2,240,654
HIGHWAY FUND TOTAL $134,603 $135,591
Claims Board 0097
Budget - Bureau of the 0055
Initiative: BASELINE BUDGET
Initiative: Provides funding for statewide technology HIGHWAY FUND 2023-24 2024-25
services provided by the Office of Information Technol- POSITIONS - 0.500 0.500
ogy. LEGISLATIVE COUNT
HIGHWAY FUND 2023-24 2024-25 Personal Services $61,203 $61,181
All Other $180 $180 All Other $18,344 $18,344
__________ __________ __________ __________
HIGHWAY FUND TOTAL $180 $180 HIGHWAY FUND TOTAL $79,547 $79,525
371
PUBLIC LAW, C. 189 FIRST SPECIAL SESSION - 2023
372
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 189
373
PUBLIC LAW, C. 189 FIRST SPECIAL SESSION - 2023
374
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 189
Initiative: Provides one-time funding for repairs to the Initiative: Provides one-time funding to purchase a re-
current State Police crisis negotiation team mobile unit. placement bomb suit for the State Police bomb team.
HIGHWAY FUND 2023-24 2024-25 HIGHWAY FUND 2023-24 2024-25
All Other $14,384 $0 Capital Expenditures $12,250 $0
__________ __________ __________ __________
HIGHWAY FUND TOTAL $14,384 $0 HIGHWAY FUND TOTAL $12,250 $0
State Police 0291 State Police 0291
Initiative: Provides one-time funding to add hydraulic Initiative: Provides funding for a marketing campaign
breaching equipment for the State Police. to advertise the benefits of joining the State Police.
HIGHWAY FUND 2023-24 2024-25 HIGHWAY FUND 2023-24 2024-25
Capital Expenditures $5,950 $0 All Other $7,140 $7,140
__________ __________ __________ __________
HIGHWAY FUND TOTAL $5,950 $0 HIGHWAY FUND TOTAL $7,140 $7,140
State Police 0291 State Police 0291
Initiative: Provides one-time funding to replace 6 dry Initiative: Provides funding for an anticipated 10% in-
suits for the State Police dive team. crease in the cost of firearms.
HIGHWAY FUND 2023-24 2024-25 HIGHWAY FUND 2023-24 2024-25
All Other $6,950 $0 All Other $357 $357
__________ __________ __________ __________
HIGHWAY FUND TOTAL $6,950 $0 HIGHWAY FUND TOTAL $357 $357
State Police 0291 State Police 0291
Initiative: Provides one-time funding to replace 307 ri- Initiative: Provides funding for an anticipated 30% in-
fle upper receiver devices for the State Police. crease in the cost of ammunition.
HIGHWAY FUND 2023-24 2024-25 HIGHWAY FUND 2023-24 2024-25
All Other $40,015 $0 All Other $12,499 $12,499
__________ __________ __________ __________
HIGHWAY FUND TOTAL $40,015 $0 HIGHWAY FUND TOTAL $12,499 $12,499
State Police 0291 State Police 0291
Initiative: Provides one-time funding to replace 50 pis- Initiative: Provides funding for an anticipated 65% in-
tols for the State Police. crease in uniform costs due to rising production and
HIGHWAY FUND 2023-24 2024-25
shipping costs.
All Other $8,928 $0 HIGHWAY FUND 2023-24 2024-25
__________ __________ All Other $44,090 $44,090
HIGHWAY FUND TOTAL $8,928 $0 __________ __________
HIGHWAY FUND TOTAL $44,090 $44,090
State Police 0291
Initiative: Provides one-time funding to purchase noise State Police 0291
suppression equipment for the State Police. Initiative: Provides funding for increased debt service
HIGHWAY FUND 2023-24 2024-25
associated with the purchase of State Police vehicles on
All Other $27,348 $0 a regular vehicle replacement schedule.
__________ __________ HIGHWAY FUND 2023-24 2024-25
HIGHWAY FUND TOTAL $27,348 $0 All Other $311,363 $516,343
State Police 0291 __________ __________
HIGHWAY FUND TOTAL $311,363 $516,343
Initiative: Provides one-time funding to replace the
portable X-ray equipment for the State Police bomb State Police 0291
team. Initiative: Provides one-time funding to replace 8 sniper
HIGHWAY FUND 2023-24 2024-25
scope units.
Capital Expenditures $24,500 $0 HIGHWAY FUND 2023-24 2024-25
__________ __________ All Other $7,140 $0
HIGHWAY FUND TOTAL $24,500 $0 __________ __________
HIGHWAY FUND TOTAL $7,140 $0
State Police 0291
State Police 0291
375
PUBLIC LAW, C. 189 FIRST SPECIAL SESSION - 2023
Initiative: Provides one-time funding to replace 2 sniper Initiative: Provides one-time funding to replace a gen-
night-vision units for the State Police tactical team. erator at one of the troop barracks.
HIGHWAY FUND 2023-24 2024-25 HIGHWAY FUND 2023-24 2024-25
Capital Expenditures $7,350 $0 Capital Expenditures $9,800 $0
__________ __________ __________ __________
HIGHWAY FUND TOTAL $7,350 $0 HIGHWAY FUND TOTAL $9,800 $0
State Police 0291 State Police 0291
Initiative: Provides one-time funding to replace the Initiative: Provides one-time funding to replace a gar-
thermal imaging equipment. age bay door at one of the troop barracks.
HIGHWAY FUND 2023-24 2024-25 HIGHWAY FUND 2023-24 2024-25
Capital Expenditures $22,750 $0 All Other $3,928 $0
__________ __________ __________ __________
HIGHWAY FUND TOTAL $22,750 $0 HIGHWAY FUND TOTAL $3,928 $0
State Police 0291 State Police 0291
Initiative: Provides one-time funding to purchase a 2nd Initiative: Provides one-time funding to replace an inte-
unmanned aerial vehicle for use by the State Police ev- rior tiled floor at one of the troop barracks.
idence response team. HIGHWAY FUND 2023-24 2024-25
HIGHWAY FUND 2023-24 2024-25 All Other $2,500 $0
Capital Expenditures $6,392 $0 __________ __________
__________ __________ HIGHWAY FUND TOTAL $2,500 $0
HIGHWAY FUND TOTAL $6,392 $0
State Police 0291
State Police 0291
Initiative: Provides one-time funding to replace the roof
Initiative: Provides one-time funding to purchase a at the State Police garage.
thermal-equipped unmanned aerial vehicle for the HIGHWAY FUND 2023-24 2024-25
Maine State Police Crime Laboratory. All Other $10,713 $0
HIGHWAY FUND 2023-24 2024-25 __________ __________
Capital Expenditures $3,500 $0 HIGHWAY FUND TOTAL $10,713 $0
__________ __________ State Police 0291
HIGHWAY FUND TOTAL $3,500 $0
Initiative: Provides one-time funding to resurface the
State Police 0291
parking lot at one of the troop barracks.
Initiative: Provides one-time funding to replace an air HIGHWAY FUND 2023-24 2024-25
conditioning unit at one of the troop barracks. All Other $35,711 $0
HIGHWAY FUND 2023-24 2024-25 __________ __________
Capital Expenditures $1,925 $0 HIGHWAY FUND TOTAL $35,711 $0
__________ __________ State Police 0291
HIGHWAY FUND TOTAL $1,925 $0
Initiative: Provides one-time funding to replace the con-
State Police 0291 crete entry at one of the troop barracks.
Initiative: Provides one-time funding to repair siding HIGHWAY FUND 2023-24 2024-25
and stairs at one of the troop barracks. All Other $7,142 $0
HIGHWAY FUND 2023-24 2024-25 __________ __________
All Other $5,357 $0 HIGHWAY FUND TOTAL $7,142 $0
__________ __________ State Police 0291
HIGHWAY FUND TOTAL $5,357 $0
Initiative: Provides one-time funding to repair the en-
State Police 0291 trance area and provide office space for new State Po-
Initiative: Provides one-time funding to replace an ex- lice personnel at one of the troop barracks.
terior door at one of the troop barracks. HIGHWAY FUND 2023-24 2024-25
HIGHWAY FUND 2023-24 2024-25 All Other $8,928 $0
All Other $3,928 $0 __________ __________
__________ __________ HIGHWAY FUND TOTAL $8,928 $0
HIGHWAY FUND TOTAL $3,928 $0
State Police 0291
State Police 0291
376
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 189
Initiative: Provides funding for the approved reclassifi- All Other $313,991 $313,991
cation of one DNA Forensic Analyst position to a Sen- __________ __________
ior DNA Forensic Analyst position, retroactive to Jan- HIGHWAY FUND TOTAL $1,420,063 $1,435,230
uary 1, 2023 and funded 65% General Fund and 35% Traffic Safety 0546
Highway Fund.
Initiative: Provides funding for statewide technology
HIGHWAY FUND 2023-24 2024-25 services provided by the Department of Administrative
Personal Services $4,164 $2,468 and Financial Services, Office of Information Technol-
__________ __________
HIGHWAY FUND TOTAL $4,164 $2,468
ogy.
HIGHWAY FUND 2023-24 2024-25
STATE POLICE 0291 All Other $7,709 $7,709
PROGRAM SUMMARY __________ __________
HIGHWAY FUND TOTAL $7,709 $7,709
HIGHWAY FUND 2023-24 2024-25
Personal Services $16,425,624 $16,772,612 Traffic Safety 0546
All Other $7,949,813 $7,401,163
Capital Expenditures $104,042 $0
Initiative: Provides funding for statewide insurance
__________ __________ coverage provided through the Department of Admin-
HIGHWAY FUND TOTAL $24,479,479 $24,173,775 istrative and Financial Services, risk management divi-
sion based on claims experience, coverage increases, at-
State Police - Support 0981 torney's fees on claims and actuarially recommended re-
Initiative: BASELINE BUDGET serves.
HIGHWAY FUND 2023-24 2024-25 HIGHWAY FUND 2023-24 2024-25
POSITIONS - 10.000 10.000 All Other $946 $946
LEGISLATIVE COUNT __________ __________
Personal Services $743,148 $766,201 HIGHWAY FUND TOTAL $946 $946
All Other $11,145 $11,145 TRAFFIC SAFETY 0546
__________ __________
HIGHWAY FUND TOTAL $754,293 $777,346 PROGRAM SUMMARY
State Police - Support 0981 HIGHWAY FUND 2023-24 2024-25
POSITIONS - 8.000 8.000
Initiative: Provides funding for statewide insurance LEGISLATIVE COUNT
coverage provided through the Department of Admin- Personal Services $1,106,072 $1,121,239
istrative and Financial Services, risk management divi- All Other $322,646 $322,646
sion based on claims experience, coverage increases, at- __________ __________
torney's fees on claims and actuarially recommended re- HIGHWAY FUND TOTAL $1,428,718 $1,443,885
serves. Traffic Safety - Commercial Vehicle Enforcement
HIGHWAY FUND 2023-24 2024-25 0715
All Other $770 $770
__________ __________ Initiative: BASELINE BUDGET
HIGHWAY FUND TOTAL $770 $770 HIGHWAY FUND 2023-24 2024-25
STATE POLICE - SUPPORT 0981 POSITIONS - 43.000 43.000
LEGISLATIVE COUNT
PROGRAM SUMMARY Personal Services $5,236,127 $5,317,777
All Other $972,625 $972,625
HIGHWAY FUND 2023-24 2024-25 __________ __________
POSITIONS - 10.000 10.000 HIGHWAY FUND TOTAL $6,208,752 $6,290,402
LEGISLATIVE COUNT
Personal Services $743,148 $766,201 Traffic Safety - Commercial Vehicle Enforcement
All Other $11,915 $11,915 0715
__________ __________
HIGHWAY FUND TOTAL $755,063 $778,116 Initiative: Provides funding for statewide technology
services provided by the Department of Administrative
Traffic Safety 0546 and Financial Services, Office of Information Technol-
Initiative: BASELINE BUDGET ogy.
HIGHWAY FUND 2023-24 2024-25 HIGHWAY FUND 2023-24 2024-25
POSITIONS - 8.000 8.000 All Other $34,671 $34,671
LEGISLATIVE COUNT __________ __________
Personal Services $1,106,072 $1,121,239 HIGHWAY FUND TOTAL $34,671 $34,671
Traffic Safety - Commercial Vehicle Enforcement
0715
377
PUBLIC LAW, C. 189 FIRST SPECIAL SESSION - 2023
Initiative: Provides funding for statewide insurance Administration - Motor Vehicles 0077
coverage provided through the Department of Admin-
istrative and Financial Services, risk management divi- Initiative: BASELINE BUDGET
sion based on claims experience, coverage increases, at- HIGHWAY FUND 2023-24 2024-25
torney's fees on claims and actuarially recommended re- POSITIONS - 381.000 381.000
serves. LEGISLATIVE COUNT
Personal Services $32,564,485 $33,612,823
HIGHWAY FUND 2023-24 2024-25 All Other $15,146,766 $15,146,766
All Other $5,445 $5,445 __________ __________
__________ __________ HIGHWAY FUND TOTAL $47,711,251 $48,759,589
HIGHWAY FUND TOTAL $5,445 $5,445
Administration - Motor Vehicles 0077
Traffic Safety - Commercial Vehicle Enforcement
0715 Initiative: Establishes one Public Relations Specialist
position and provides funding for related All Other
Initiative: Provides funding for the proposed reclassifi- costs.
cation of one Office Associate II position to an Office
Specialist I position and provides funding for related HIGHWAY FUND 2023-24 2024-25
All Other costs. This reclassification has an effective POSITIONS - 1.000 1.000
LEGISLATIVE COUNT
date of July 15, 2022. Personal Services $81,870 $86,097
HIGHWAY FUND 2023-24 2024-25 All Other $14,042 $5,504
Personal Services $8,928 $5,060 __________ __________
All Other $110 $111 HIGHWAY FUND TOTAL $95,912 $91,601
__________ __________
HIGHWAY FUND TOTAL $9,038 $5,171
Administration - Motor Vehicles 0077
Traffic Safety - Commercial Vehicle Enforcement Initiative: Provides funding to establish a pilot program
0715 to address the shortfall in driver's license examination
capacity.
Initiative: Provides funding for the approved reclassifi-
HIGHWAY FUND 2023-24 2024-25
cation of one Office Associate II position to a Public All Other $67,842 $33,921
Relations Specialist position, retroactive to March 4, __________ __________
2021, and provides funding for related All Other costs. HIGHWAY FUND TOTAL $67,842 $33,921
HIGHWAY FUND 2023-24 2024-25 Administration - Motor Vehicles 0077
Personal Services $27,807 $9,476
All Other $472 $171 Initiative: Provides one-time funding to translate writ-
__________ __________ ten driver's license examinations into 10 additional lan-
HIGHWAY FUND TOTAL $28,279 $9,647 guages.
TRAFFIC SAFETY - COMMERCIAL VEHICLE HIGHWAY FUND 2023-24 2024-25
ENFORCEMENT 0715 All Other $61,828 $0
__________ __________
PROGRAM SUMMARY HIGHWAY FUND TOTAL $61,828 $0
HIGHWAY FUND 2023-24 2024-25
Administration - Motor Vehicles 0077
POSITIONS - 43.000 43.000
LEGISLATIVE COUNT Initiative: Establishes one Senior Motor Vehicle Sec-
Personal Services $5,272,862 $5,332,313 tion Manager position and provides funding for related
All Other $1,013,323 $1,013,023 All Other costs.
__________ __________
HIGHWAY FUND TOTAL $6,286,185 $6,345,336 HIGHWAY FUND 2023-24 2024-25
POSITIONS - 1.000 1.000
PUBLIC SAFETY, LEGISLATIVE COUNT
DEPARTMENT OF Personal Services $106,870 $112,735
DEPARTMENT TOTALS 2023-24 2024-25 All Other $14,804 $6,315
__________ __________
HIGHWAY FUND $36,028,521 $35,849,235 HIGHWAY FUND TOTAL $121,674 $119,050
__________ __________ Administration - Motor Vehicles 0077
DEPARTMENT TOTAL - $36,028,521 $35,849,235
ALL FUNDS Initiative: Establishes one Motor Vehicle Section Man-
Sec. A-5. Appropriations and alloca- ager position, 2 Office Specialist I Supervisor positions
and one Office Specialist I position and provides fund-
tions. The following appropriations and allocations ing for related All Other costs.
are made.
HIGHWAY FUND 2023-24 2024-25
SECRETARY OF STATE, DEPARTMENT OF
378
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 189
379
PUBLIC LAW, C. 189 FIRST SPECIAL SESSION - 2023
Initiative: Provides funding for the approved reorgani- funded 100% Highway Fund, and the remainder are
zation of 76 Customer Representative Associate II - 50% Federal Expenditures Fund, 45% Highway Fund
Motor Vehicle positions at range 14 to Customer Rep- and 5% Other Special Revenue Funds. The initiative
resentative Specialist - Motor Vehicle Branch positions also eliminates 61.01 vacant full-time equivalent crew
at range 16 and related All Other costs. positions and 7 vacant positions to offset the cost of the
HIGHWAY FUND 2023-24 2024-25
new positions and generate additional savings to the
Personal Services $227,405 $232,886 Highway Fund. Position detail is on file with the Bureau
All Other $6,927 $7,094 of the Budget.
__________ __________ HIGHWAY FUND 2023-24 2024-25
HIGHWAY FUND TOTAL $234,332 $239,980 POSITIONS - 1.000 1.000
ADMINISTRATION - MOTOR VEHICLES 0077 LEGISLATIVE COUNT
Personal Services $147,861 $156,510
PROGRAM SUMMARY __________ __________
HIGHWAY FUND TOTAL $147,861 $156,510
HIGHWAY FUND 2023-24 2024-25
POSITIONS - 397.000 399.000 ADMINISTRATION 0339
LEGISLATIVE COUNT
Personal Services $34,418,911 $35,769,032 PROGRAM SUMMARY
All Other $16,388,615 $16,660,206 HIGHWAY FUND 2023-24 2024-25
__________ __________ POSITIONS - 95.000 95.000
HIGHWAY FUND TOTAL $50,807,526 $52,429,238 LEGISLATIVE COUNT
Personal Services $10,167,664 $10,417,285
SECRETARY OF STATE, All Other $4,512,514 $4,522,196
DEPARTMENT OF __________ __________
DEPARTMENT TOTALS 2023-24 2024-25 HIGHWAY FUND TOTAL $14,680,178 $14,939,481
380
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 189
Initiative: Adjusts allocations for technology costs Highway and Bridge Capital 0406
based on the rate schedules provided by the Department Initiative: Provides funding for Capital Expenditures in
of Administrative and Financial Services, Office of In- various programs within the Federal Expenditures Fund
formation Technology. and Other Special Revenue Funds.
FLEET SERVICES FUND - 2023-24 2024-25 FEDERAL EXPENDITURES 2023-24 2024-25
DOT FUND
All Other $200,607 $401,875 Capital Expenditures $360,000,000 $360,000,000
__________ __________ __________ __________
FLEET SERVICES FUND - $200,607 $401,875 FEDERAL EXPENDITURES $360,000,000 $360,000,000
DOT TOTAL FUND TOTAL
Fleet Services 0347
OTHER SPECIAL 2023-24 2024-25
Initiative: Provides funding necessary to maintain the REVENUE FUNDS
operations of the fleet of vehicles for the department. Capital Expenditures $30,000,000 $30,000,000
__________ __________
FLEET SERVICES FUND - 2023-24 2024-25
OTHER SPECIAL REVENUE $30,000,000 $30,000,000
DOT
FUNDS TOTAL
All Other $3,600,000 $3,600,000
__________ __________ Highway and Bridge Capital 0406
FLEET SERVICES FUND - $3,600,000 $3,600,000
DOT TOTAL Initiative: Adjusts allocations for technology costs
based on the rate schedules provided by the Department
FLEET SERVICES 0347 of Administrative and Financial Services, Office of In-
PROGRAM SUMMARY formation Technology.
FLEET SERVICES FUND - 2023-24 2024-25 HIGHWAY FUND 2023-24 2024-25
DOT All Other $2,036,229 $2,252,671
POSITIONS - 25.000 25.000 __________ __________
LEGISLATIVE COUNT HIGHWAY FUND TOTAL $2,036,229 $2,252,671
POSITIONS - FTE COUNT 126.125 126.125 Highway and Bridge Capital 0406
Personal Services $13,769,499 $14,158,557
All Other $21,996,654 $22,197,922 Initiative: Provides the allocation to spend GARVEE
__________ __________ bond proceeds for highway and bridge needs.
FLEET SERVICES FUND - $35,766,153 $36,356,479
DOT TOTAL OTHER SPECIAL 2023-24 2024-25
REVENUE FUNDS
Highway and Bridge Capital 0406 Capital Expenditures $25,000,000 $25,000,000
__________ __________
Initiative: BASELINE BUDGET OTHER SPECIAL REVENUE $25,000,000 $25,000,000
HIGHWAY FUND 2023-24 2024-25 FUNDS TOTAL
POSITIONS - 457.000 457.000 Highway and Bridge Capital 0406
LEGISLATIVE COUNT
POSITIONS - FTE COUNT 20.154 20.154
381
PUBLIC LAW, C. 189 FIRST SPECIAL SESSION - 2023
382
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 189
383
PUBLIC LAW, C. 189 FIRST SPECIAL SESSION - 2023
384
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 189
385
PUBLIC LAW, C. 189 FIRST SPECIAL SESSION - 2023
386
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 189
387
PUBLIC LAW, C. 189 FIRST SPECIAL SESSION - 2023
388
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 189
389
PUBLIC LAW, C. 189 FIRST SPECIAL SESSION - 2023
390
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 189
Sec. F-1. Authorization to issue TransCap money or funds transferred or made available to the
Trust Fund revenue bonds. Notwithstanding any bond bank only for the purposes of the fund from any
provision of law to the contrary, the Maine Municipal other source including without limitation amounts re-
Bond Bank, at the request of the Department of Trans- quired to be deposited in the fund by the terms of any
portation, is authorized to issue TransCap Trust Fund ancillary obligation or other agreement related to liquor
revenue bonds as provided in the Maine Revised Stat- operation revenue bonds.
utes, Title 30-A, section 6006-G from time to time in Sec. H-5. 30-A MRSA §6054, sub-§5, as cor-
amounts that in total do not exceed $200,000,000 from
the effective date of this Part through fiscal year 2024- rected by RR 2021, c. 2, Pt. A, §112, is repealed and the
following enacted in its place:
25 for the purpose of making capital improvements to
the State’s transportation infrastructure. 5. Use of fund after bond retirement. After all
liquor operation revenue bonds and any ancillary obli-
PART G gations secured by the fund have been retired, the first
Sec. G-1. 36 MRSA §2903, sub-§6, as $7,000,000 of any amounts received pursuant to Title
amended by PL 2007, c. 538, Pt. L, §1 and reallocated 28‑A, section 90 must be deposited as undedicated rev-
by RR 2007, c. 2, §21, is further amended to read: enue to the General Fund and any amount in excess of
$7,000,000 must be deposited as undedicated revenue
6. Deposit to trust fund. Beginning July 1, 2009 to the Highway Fund.
and ending June 30, 2023, the Treasurer of State shall
deposit monthly into the TransCap Trust Fund estab- Sec. H-6. Effective date. This Part takes effect
lished in Title 30‑A, section 6006‑G 7.5% of the excise July 1, 2023.
tax after the distribution of taxes pursuant to section
2903‑D imposed under subsection 1. Beginning July 1, PART I
2023, the Treasurer of State shall deposit monthly into Sec. I-1. 36 MRSA §1821 is enacted to read:
the TransCap Trust Fund established in Title 30-A, sec-
tion 6006-G 10.25% of the excise tax after the distribu- §1821. Tax on sales by automobile dealers and sales
and use taxes collected by Bureau of Motor
tion of taxes pursuant to section 2903-D imposed under Vehicles related to motor vehicles
subsection 1.
Beginning July 1, 2023, and every July 1st thereaf-
Sec. G-2. 36 MRSA §3203, sub-§4, as ter, the assessor shall notify the State Controller of the
amended by PL 2009, c. 496, §19, is further amended
amount of revenue attributable to the sales tax collected
to read: under this Part at the rate of 5.5% for the first 6 months
4. Highway Fund. All taxes and fines collected of the prior fiscal year from automobile dealers licensed
under this chapter must be credited to the Highway by the Bureau of Motor Vehicles pursuant to Title 29-A,
Fund, except that beginning July 1, 2009 and ending chapter 9 and the amount of revenue attributable to the
June 30, 2023, the Treasurer of State shall deposit sales and use tax imposed at the rate of 5.5% and col-
monthly into the TransCap Trust Fund established in lected under this Part by the Bureau of Motor Vehicles
Title 30‑A, section 6006‑G 7.5% of the excise tax im- for the first 6 months of the prior fiscal year.
posed under subsection 1‑B, and beginning July 1, Beginning October 1, 2023, and every October 1st
2023, the Treasurer of State shall deposit monthly into
the TransCap Trust Fund established in Title 30-A, sec- thereafter, the assessor shall notify the State Controller
of the amount of revenue attributable to the sales tax
tion 6006-G 10.25% of the excise tax imposed under collected under this Part at the rate of 5.5% for the last
subsection 1-B.
6 months of the prior fiscal year from automobile deal-
PART H ers licensed by the Bureau of Motor Vehicles pursuant
to Title 29-A, chapter 9 and the amount of revenue at-
Sec. H-1. 22-A MRSA §216, as enacted by PL tributable to the sales and use tax imposed at the rate of
2013, c. 269, Pt. B, §1, is repealed.
5.5% and collected under this Part by the Bureau of Mo-
Sec. H-2. 30-A MRSA §6053, sub-§1, as en- tor Vehicles for the last 6 months of the prior fiscal year.
acted by PL 2013, c. 269, Pt. B, §2, is repealed. When notified by the assessor, the State Controller
Sec. H-3. 30-A MRSA §6053, sub-§5, as en- shall transfer 40% of the amount in the notice, after the
acted by PL 2013, c. 269, Pt. B, §2, is repealed. reduction for transfer to the Local Government Fund
pursuant to Title 30-A, section 5681, subsection 5, from
Sec. H-4. 30-A MRSA §6054, sub-§2, as the General Fund to the Highway Fund.
amended by PL 2015, c. 494, Pt. A, §35, is further
amended to read: Sec. I-2. Appropriations and alloca-
2. Funding. Beginning July 1, 2014 and ending
tions. The following appropriations and allocations
are made.
June 30, 2023, there must be deposited directly into the
fund any amounts received pursuant to Title 28‑A, sec- ADMINISTRATIVE AND FINANCIAL
tion 90 and Title 22‑A, former section 216 and any other SERVICES, DEPARTMENT OF
391
PUBLIC LAW, C. 190 FIRST SPECIAL SESSION - 2023
392
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 192
closing to encourage water to drain from areas con- Sec. 2. Examination. The Commissioner of In-
taining water. Containers holding live baitfish for land Fisheries and Wildlife shall examine the impact of
personal or commercial use are exempted from re- an additional dedicated youth hunting day, as required
quirements in this subsection; and by section 1, on the deer population including the im-
pact on the antlerless deer population and the Depart-
B. May not allow drains to be opened in a way that ment of Inland Fisheries and Wildlife's ability to meet
allows water to enter any inland water body of the
State pursuant to subsection 1, paragraph E. its wildlife management goals.
For the purposes of this subsection, "watercraft" has the Sec. 3. Report. By March 1, 2024, the Commis-
sioner of Inland Fisheries and Wildlife shall submit a
same meaning as in Title 12, section 13001, subsection report to the Joint Standing Committee on Inland Fish-
28.
eries and Wildlife that includes findings and recommen-
Nothing in this subsection allows a person to directly or dations of the examination pursuant to section 2, includ-
indirectly discharge pollutants into any inland water ing any recommended legislation, if needed. After re-
body of the State. This subsection does not apply to ceiving the report, the committee may report out a bill
emergency response watercraft and their related equip- relating to the examination to the Second Regular Ses-
ment. sion of the 131st Legislature.
Emergency clause. In view of the emergency Emergency clause. In view of the emergency
cited in the preamble, this legislation takes effect when cited in the preamble, this legislation takes effect when
approved. approved.
Effective June 16, 2023. Effective June 16, 2023.
393
PUBLIC LAW, C. 192 FIRST SPECIAL SESSION - 2023
For an affordable housing development approved local area median income at the time of initial oc-
on or after July 1, 2023 the implementation date, a mu- cupancy; and
nicipality with density requirements shall apply density
B. For owned housing, occupancy of all of the
requirements in accordance with this section. units designated affordable in the development will
Sec. 2. 30-A MRSA §4364, sub-§1, as enacted remain limited to households at or below 120% of
by PL 2021, c. 672, §4, is amended to read: the local area median income at the time of initial
occupancy.
1. Definition. For the purposes of this section, "af-
fordable housing development" means: Sec. 5. 30-A MRSA §4364, sub-§6, as enacted
A. For rental housing, a development in which a by PL 2021, c. 672, §4, is amended to read:
household whose income does not exceed 80% of 6. Subdivision requirements. This section may
the median income for the area as defined by the not be construed to exempt a subdivider from the re-
United States Department of Housing and Urban quirements for division of a tract or parcel of land in
Development under the United States Housing Act accordance with subchapter 4.
of 1937, Public Law 75-412, 50 Stat. 888, Section
8, as amended, can afford a majority 51% or more Sec. 6. 30-A MRSA §4364-A, sub-§1, as en-
acted by PL 2021, c. 672, §5, is amended to read:
of the units that the developer designates as afford-
able in the development without spending more 1. Use allowed. Notwithstanding any provision of
than 30% of the household's monthly income on law to the contrary, except as provided in Title 12, chap-
housing costs; and ter 423-A, for any area in which housing is residential
uses are allowed, including as a conditional use, a mu-
B. For owned housing, a development in which a nicipality shall allow structures with up to 2 dwelling
household whose income does not exceed 120% of
the median income for the area as defined by the units per lot if that lot does not contain an existing
dwelling unit, except that a municipality shall allow up
United States Department of Housing and Urban to 4 dwelling units per lot if that lot does not contain an
Development under the United States Housing Act
of 1937, Public Law 75-412, 50 Stat. 888, Section existing dwelling unit and the lot is located in a desig-
nated growth area within a municipality consistent with
8, as amended, can afford a majority 51% or more section 4349-A, subsection 1, paragraph A or B or if the
of the units that the developer designates as afford-
able in the development without spending more lot is served by a public, special district or other cen-
trally managed water system and a public, special dis-
than 30% of the household's monthly income on trict or other comparable sewer system in a municipality
housing costs.
without a comprehensive plan.
Sec. 3. 30-A MRSA §4364, sub-§1-A is en- A municipality shall allow on a lot with one existing
acted to read:
dwelling unit the addition of up to 2 dwelling units: one
1-A. Implementation date. For purposes of this additional dwelling unit within or attached to an exist-
section, "implementation date" means: ing structure or one additional detached dwelling unit,
or one of each.
A. January 1, 2024 for municipalities for which or-
dinances may be enacted by the municipal officers A municipality may allow more units than the number
without further action or approval by the voters of required to be allowed by this subsection.
the municipality; and Sec. 7. 30-A MRSA §4364-A, sub-§1-A is en-
B. July 1, 2024 for all other municipalities. acted to read:
Sec. 4. 30-A MRSA §4364, sub-§3, as enacted 1-A. Implementation date. For purposes of this
by PL 2021, c. 672, §4, is amended to read: section, "implementation date" has the same meaning as
in section 4364, subsection 1-A.
3. Long-term affordability. Before approving
granting final approval of an affordable housing devel- Sec. 8. 30-A MRSA §4364-A, sub-§2, ¶B, as
opment, including but not limited to issuing an occu- enacted by PL 2021, c. 672, §5, is amended to read:
pancy permit, a municipality shall require that the
owner of the affordable housing development have ex- B. A municipal zoning ordinance may establish a
prohibition or an allowance for lots where a dwell-
ecuted a restrictive covenant, recorded in the appropri- ing unit in existence after July 1, 2023 the imple-
ate registry of deeds, for the benefit of and enforceable
by a party acceptable to the municipality, to ensure that mentation date is torn down and an empty lot re-
sults.
for at least 30 years after completion of construction:
A. For rental housing, occupancy of all of the units
Sec. 9. 30-A MRSA §4364-A, sub-§3, as en-
acted by PL 2021, c. 672, §5, is amended to read:
designated affordable in the development will re-
main limited to households at or below 80% of the
394
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 192
3. General requirements. A municipal ordinance not eligible for any additional increases in density
may not establish dimensional requirements or, includ- except as allowed by the municipality.; and
ing but not limited to setback requirements, for dwelling
C. An accessory dwelling unit is allowed on a lot
units allowed under this section that are greater than di- that does not conform to the municipal zoning or-
mensional requirements or, including but not limited to
setback requirements, for single-family housing units, dinance if the accessory dwelling unit does not fur-
ther increase the nonconformity.
except that a municipal ordinance may establish re-
quirements for a lot area per dwelling unit as long as the Sec. 16. 30-A MRSA §4364-B, sub-§4, ¶B,
required lot area for subsequent units on a lot is not as corrected by RR 2021, c. 2, Pt. A, §110, is amended
greater than the required lot area for the first unit. to read:
Sec. 10. 30-A MRSA §4364-A, sub-§7, as en- B. For an accessory dwelling unit located within
acted by PL 2021, c. 672, §5, is amended to read: the same structure as a single-family dwelling unit
or attached to or sharing a wall with a single-family
7. Subdivision requirements. This section may
not be construed to exempt a subdivider from the re- dwelling unit, the setback requirements and dimen-
sional requirements must be the same as the set-
quirements for division of a tract or parcel of land in back requirements and dimensional requirements
accordance with subchapter 4.
of the single-family dwelling unit, except for an ac-
Sec. 11. 30-A MRSA §4364-A, sub-§10, as cessory dwelling unit permitted in an existing ac-
enacted by PL 2021, c. 672, §5, is amended to read: cessory building or secondary building or garage as
10. Implementation. A municipality is not re- of July 1, 2023 the implementation date, in which
case the requisite setback requirements for such a
quired to implement the requirements of this section un- structure apply. A municipality may establish
til July 1, 2023 the implementation date.
more permissive dimensional and setback require-
Sec. 12. 30-A MRSA §4364-B, sub-§1, as en- ments for an accessory dwelling unit.
acted by PL 2021, c. 672, §6, is amended to read:
Sec. 17. 30-A MRSA §4364-B, sub-§4, ¶D is
1. Use permitted. Except as provided in Title 12, enacted to read:
chapter 423‑A, a municipality shall allow an accessory D. An accessory dwelling unit that was not built
dwelling unit to be located on the same lot as a single-
family dwelling unit in any area in which housing is res- with municipal approval must be allowed if the ac-
cessory dwelling unit otherwise meets the require-
idential uses are permitted, including as a conditional ments for accessory dwelling units of the munici-
use.
pality and under this section.
Sec. 13. 30-A MRSA §4364-B, sub-§1-A is Sec. 18. 30-A MRSA §4364-B, sub-§5, as en-
enacted to read:
acted by PL 2021, c. 672, §6, is amended to read:
1-A. Implementation date. For purposes of this
5. Shoreland zoning. An accessory dwelling unit
section, "implementation date" has the same meaning as must comply with shoreland zoning requirements estab-
in section 4364, subsection 1-A.
lished by the Department of Environmental Protection
Sec. 14. 30-A MRSA §4364-B, sub-§2, as en- under Title 38, chapter 3 and municipal shoreland zon-
acted by PL 2021, c. 672, §6, is amended by amending ing ordinances, except that a municipality may not cat-
the first blocked paragraph to read: egorically prohibit accessory dwelling units in the
shoreland zone that would otherwise meet requirements
This subsection does not restrict the construction or per- established by the Department of Environmental Pro-
mitting of accessory dwelling units constructed and cer-
tified for occupancy prior to July 1, 2023 the implemen- tection under Title 38, chapter 3 and municipal
shoreland zoning ordinances.
tation date.
Sec. 15. 30-A MRSA §4364-B, sub-§3, as en- Sec. 19. 30-A MRSA §4364-B, sub-§8, ¶A,
as enacted by PL 2021, c. 672, §6, is amended to read:
acted by PL 2021, c. 672, §6, is amended to read:
A. Establish an application and permitting process
3. Zoning requirements. With respect to acces-
sory dwelling units, municipal zoning ordinances must for accessory dwelling units that does not require
planning board approval;
comply with the following conditions:
A. At least one accessory dwelling unit must be
Sec. 20. 30-A MRSA §4364-B, sub-§10, as
enacted by PL 2021, c. 672, §6, is amended to read:
allowed on any lot where a single-family dwelling
unit is the principal structure; and 10. Subdivision requirements. This section may
B. If more than one accessory dwelling unit has not be construed to exempt a subdivider from the re-
quirements for division of a tract or parcel of land in
been constructed on a lot as a result of the allow- accordance with subchapter 4.
ance under this section or section 4364‑A, the lot is
395
PUBLIC LAW, C. 193 FIRST SPECIAL SESSION - 2023
Sec. 21. 30-A MRSA §4364-B, sub-§13, as to offer all or a portion of a recording of a forensic in-
enacted by PL 2021, c. 672, §6, is amended to read: terview of a protected person into evidence shall file a
motion in limine. After providing all parties the oppor-
13. Implementation. A municipality is not re-
quired to implement the requirements of this section un- tunity to be heard on the motion, the court shall deter-
mine whether, in addition to satisfying all of the other
til July 1, 2023 the implementation date. requirements of this section, the following criteria have
Emergency clause. In view of the emergency been met:
cited in the preamble, this legislation takes effect when
approved. A. The interview was conducted by a forensic in-
terviewer;
Effective June 16, 2023.
B. Statements made by the protected person during
the forensic interview were not made in response to
CHAPTER 193 suggestive or leading questions;
S.P. 324 - L.D. 765 C. A relative of the protected person was not
present in the room during the substantive phase of
An Act to Establish an the interview;
Exception to the Hearsay Rule D. An attorney for any party in a proceeding with
for Forensic Interviews of a the protected person was not present in the room
Protected Person with the protected person during the interview;
Be it enacted by the People of the State of Maine E. The recording is both visual and audio;
as follows: F. The recording is a fair and accurate representa-
Sec. 1. 16 MRSA §358 is enacted to read: tion of the statements made by the protected person
and has not been altered except for purposes of ad-
§358. Recordings of protected person missibility;
1. Definitions. As used in this section, unless the G. In a criminal matter, the protected person is
context otherwise indicates, the following terms have available to testify or be cross-examined by any
the following meanings. party and is called as a witness by the party offering
A. "Forensic interview" means a fact-finding con- the recording in evidence immediately following
versation conducted by a forensic interviewer using the presentation of the recording to the trier of fact
an evidence-based practice. and made available for cross-examination, unless
all other parties expressly waive the requirement
B. "Forensic interviewer" means an individual that the witness testify; and
who meets the qualifications in subsection 2.
H. The portion of the interview to be admitted in
C. "Protected person" means a person who at the evidence is relevant pursuant to the Maine Rules of
time of a recording of a forensic interview: Evidence, Rule 401, and is not otherwise inadmis-
(1) Has not attained 18 years of age; or sible under the Maine Rules of Evidence.
(2) Is an adult who is eligible for protective In the event that the protected person was the subject of
services pursuant to the Adult Protective Ser- more than one forensic interview, the exception to hear-
vices Act. say established under this subsection does not apply to
statements from more than one forensic interview re-
2. Qualifications of forensic interviewer. In or- lated to the same event or incident.
der to be qualified as a forensic interviewer, an individ-
ual must: 4. Recordings of protected persons preserved.
A recording of a protected person that is made part of
A. Be employed by a child advocacy center or af- the court record must be preserved under a protective
filiated with a child advocacy center; order of the court in order to protect the privacy of the
B. Have completed a minimum of 32 hours of spe- protected person. The court shall maintain a copy of the
cialized instruction on an evidence-supported inter- recording as part of the court file for 20 years.
view protocol; and Sec. 2. 22 MRSA §4019, sub-§1, ¶B, as en-
C. Participate in ongoing education in the field of acted by PL 2013, c. 364, §1, is amended to read:
child maltreatment or forensic interviewing. B. "Child advocacy center" or "center" means a
3. Exception to hearsay rule. This section estab- community-based center that provides multidisci-
lishes an exception to the hearsay rule under the Maine plinary services for children and families affected
Rules of Evidence, Rule 802, for the recording of a fo- by child sexual abuse and other child abuse and ne-
rensic interview of a protected person. A party seeking glect, including a center in another jurisdiction.
396
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 193
Sec. 3. 22 MRSA §4019, sub-§1, ¶D is en- subsection 3, paragraph B if the court finds that ac-
acted to read: cess to the recording is necessary for the determi-
nation of an issue before the court and that the ne-
D. "Forensic interview" has the same meaning as
in Title 16, section 358, subsection 1, paragraph A. cessity of access to the recording outweighs the po-
tential effect on the alleged victim. The court shall
Sec. 4. 22 MRSA §4019, sub-§9, as enacted by follow the following procedure.
PL 2013, c. 364, §1, is amended to read: (1) Before ordering disclosure of the record-
9. Confidential records except recordings of fo- ing, the court shall require that an investigating
rensic interviews. The files, reports, records, commu- law enforcement agency, if any, has been
nications and working papers used or developed in given an opportunity to indicate its position on
providing services under this section are confidential disclosure of the recording.
and are not public records for purposes of Title 1, chap-
ter 13, subchapter 1. Information Except for recordings (2) If the court determines based on the plead-
ings that the recording is necessary for the de-
of forensic interviews, which are governed by subsec- termination of an issue before the court and
tion 9-A, information may be disclosed only to the fol-
lowing in order for them to carry out their duties: that the necessity of access to the recording
outweighs the potential effect on the alleged
A. The department, department employees, law victim, the court shall order the department,
enforcement agencies, prosecuting attorneys, assis- pursuant to section 4008, subsection 3, para-
tant attorneys general who are involved in adult and graph B, to provide a copy to the court for in
child protective cases, medical professionals and camera inspection. The court shall conduct an
other state agencies that provide services to chil- in camera review of the recording in order to
dren and families;. make a determination about who should be en-
titled to view the recording.
B. The attorney for a child who is the subject of
confidential records; and (3) If the court determines that the recording
C. A guardian ad litem appointed under section should be disclosed, the court shall consider
whether a guardian ad litem should be ap-
4005 for a child who is the subject of confidential pointed in the case if one is not already ap-
records.
pointed. If there is a guardian ad litem, the
Sec. 5. 22 MRSA §4019, sub-§9-A is enacted court shall consider whether to restrict access
to read: to the recording only to the guardian ad litem.
9-A. Recordings of forensic interviews confi- (4) The court shall issue a protective order of
dential. The following provisions govern recordings of confidentiality ordering who is allowed to
forensic interviews used or developed in providing ser- view the recording and how and where view-
vices under this section. Recordings of forensic inter- ing will occur. In making its determination,
views are confidential and are not public records for the court shall weigh whether the parties are
purposes of Title 1, chapter 13, subchapter 1. Infor- represented by counsel and whether restricting
mation may be disclosed: viewing of the recording will be unduly preju-
A. To the department, department employees, law dicial to a party. The recording may not be
copied, reproduced or disseminated in any
enforcement agencies, assistant attorneys general way.
who are involved in adult and child protective
cases, prosecuting attorneys, medical professionals (5) If the recording is admitted pursuant to Ti-
and other state agencies that provide services to tle 16, section 358, subsection 3, the court shall
children and families in order for them to carry out admit the recording under seal; and
their duties;
E. In a criminal matter, to a defendant pursuant to
B. To the attorney for a child who is the subject of the Maine Rules of Unified Criminal Procedure,
confidential records; Rule 16(b)(6). Before releasing the recording, the
prosecutor shall request that the court issue a pro-
C. To a guardian ad litem appointed under section tective order of confidentiality ordering who is al-
4005 for a child who is the subject of confidential
records; lowed to view the recording and how and where
viewing will occur. In making its determination,
D. In a matter under Title 18-C or 19-A, upon spe- the court shall weigh whether the defendant is rep-
cific request for the recording of the forensic inter- resented by counsel and whether restricting view-
view by the parties or on the court's own motion. A ing of the recording will be unduly prejudicial to
court may order disclosure of the recording of a fo- the defendant.
rensic interview in accordance with section 4008, See title page for effective date.
397
PUBLIC LAW, C. 194 FIRST SPECIAL SESSION - 2023
398
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 196
(4) Coordinate with home health agencies. of forfeiture of property pursuant to this section or the
entry of a guilty plea in open court on the record and
Sec. 4. 32 MRSA §84, sub-§4, as repealed and following the court's disposition of all petitions for
replaced by PL 2017, c. 276, §1, is repealed and the fol-
lowing enacted in its place: hearing timely filed by 3rd parties, the State has clear
title to property that is the subject of the indictment, in-
4. Establishment of community paramedicine formation or complaint. The final order must provide
services. The board may establish community para- for the deposit of the property or, the proceeds from the
medicine services. As used in this subsection, "commu- disposition of the property and any cash seized or for-
nity paramedicine" means the practice by an emergency feited, less any outstanding restitution, which must be
medical services provider primarily in an out-of- sent to the office of the attorney for the State who pros-
hospital setting of providing episodic patient evalua- ecuted the case, then the reasonable expenses of the for-
tion, advice and treatment directed at preventing or im- feiture proceedings, seizure, storage, maintenance of
proving a particular medical condition, within the scope custody, advertising and notice, in the General Fund,
of practice of the emergency medical services provider except that, to the extent that the court finds it reasona-
as specifically requested or directed by a physician. ble, the court may order forfeiture of as much of the
The board shall establish by rule the requirements and property as is appropriate, less the reasonable expenses
of the forfeiture proceedings, seizure, storage, mainte-
application and approval process of community para- nance of custody, advertising and notice, to a munici-
medicine services established pursuant to this subsec-
tion. At a minimum, an emergency medical services pality, county or state agency that has made a substan-
tial contribution to the investigation or prosecution of a
provider, including, but not limited to, an ambulance related criminal case or, upon request of the investigat-
service or nontransporting emergency medical service,
that conducts community paramedicine services shall ing agency or the prosecuting agency, to a law enforce-
ment agency in this State that provides case manage-
work with an identified primary care medical director, ment and other social services to persons affected by
have an emergency medical services medical director
and collect and submit data and written reports to the crimes that are subject to forfeiture of property under
this chapter.
board, in accordance with requirements established by
the board. The board shall also adopt rules requiring Sec. 2. 17-A MRSA §1707, as enacted by PL
authorized community paramedicine services to: 2019, c. 113, Pt. A, §2, is amended to read:
A. Comply with the Maine Background Check §1707. Multiple fines imposed on convicted person;
Center Act requirements as described in Title 22, restitution
chapter 1691;
When multiple fines are imposed on a convicted
B. Conduct initial and ongoing training of all staff person at the same time or when a fine is imposed on a
regarding their obligations as mandatory reporters; convicted person already subject to an unpaid or partly
C. Meet licensing standards consistent with those unpaid fine, the fines must be cumulative, unless the
court specifies that only the highest single fine must be
required by Title 22, section 2145, subsections 3 paid in the case of offenses based on the same conduct
and 4; and
or arising out of the same criminal episode or for other
D. Coordinate with home health agencies. good cause stated on the record or in the sentences. If
the convicted person has also been ordered to pay resti-
Rules adopted pursuant to this subsection are routine
technical rules as defined in Title 5, chapter 375, sub- tution, the restitution must be paid in full prior to paying
a fine under this section.
chapter 2‑A.
See title page for effective date.
Sec. 3. 17-A MRSA §1708, sub-§1, as enacted
by PL 2019, c. 113, Pt. A, §2, is amended to read:
1. Timing of fine payment; restitution. If a con-
CHAPTER 196 victed person is sentenced to pay a fine, the court may
H.P. 650 - L.D. 1014 grant permission for the payment to be made within a
specified period of time or in specified installments. If
An Act Regarding Payments to such permission is not included in the sentence, the fine
Recipients of Restitution must be paid immediately to the clerk of the court. If
the convicted person has also been ordered to pay resti-
Be it enacted by the People of the State of Maine tution, the restitution must be paid in full prior to paying
as follows: a fine under this section.
Sec. 1. 15 MRSA §5826, sub-§6, as amended Sec. 4. 17-A MRSA §1854, sub-§2, ¶C, as
by PL 2019, c. 97, §6, is further amended to read: enacted by PL 2019, c. 113, Pt. A, §2, is amended to
6. Final order of disposition of property; public read:
education campaign. Following the entry of a verdict
399
PUBLIC LAW, C. 196 FIRST SPECIAL SESSION - 2023
C. To make restitution to each victim of the crime restitution determined by the Department of Correc-
imposed by the court as part of the sentence, which tions during the period of probation shall continue to
must be paid to the office of the attorney for the make payments to the Department of Corrections office
State who prosecuted the case; of the attorney for the State who prosecuted the case in
accordance with that payment schedule unless modified
Sec. 5. 17-A MRSA §2004, sub-§1, as enacted by the court pursuant to section 2014 or 2015. An of-
by PL 2019, c. 113, Pt. A, §2, is amended to read:
fender who has not complied with the time and method
1. Victim. The victim or a dependent of a de- of payment of monetary compensation restitution deter-
ceased victim, or an heir, beneficiary or recipient of the mined by the Department of Corrections during the pe-
victim's estate; riod of probation must be returned to the court for fur-
ther disposition pursuant to section 2015. An offender
Sec. 6. 17-A MRSA §2006, as enacted by PL who is unconditionally released and discharged from in-
2019, c. 113, Pt. A, §2, is amended to read:
stitutional confinement with the Department of Correc-
§2006. Time and method of restitution tions upon the expiration of the sentence must, upon ap-
plication of the office of the attorney for the State, be
When restitution is authorized, and the offender is
not committed to the Department of Corrections and returned to the court for specification by the court of the
time and method of payment of monetary compensation
does not receive a sentence that includes a period of pro- restitution, which may must be ordered paid to the of-
bation, the time and method of payment or of the per-
formance of the services must be specified by the court fice of the attorney for the State who prosecuted the case
or to the clerk of the court. Prior to the offender's un-
and monetary compensation may restitution must be or- conditional release and discharge from institutional
dered paid to the office of the prosecuting attorney for
the State who is prosecuting the case or to the clerk of confinement or completion of the period of probation,
the Department of Corrections shall provide the of-
the court. If the offender is committed to the Depart- fender with written notice that any restitution outstand-
ment of Corrections or receives a sentence that includes
a period of probation, monetary compensation must be ing at the time the term of commitment to the depart-
ment or period of probation is completed must be paid
paid to the Department of Corrections and the time and to the office of the attorney for the State who prosecuted
method of payment must be determined by the Depart-
ment of Corrections during the term of commitment or the case. At least 30 days prior to the offender's uncon-
ditional release and discharge from institutional con-
the period of probation unless at the time of sentencing finement or completion of the period of probation, the
the court has specified the time and method of payment.
Once any term of commitment to the Department of Department of Corrections shall provide the office of
the attorney for the State who prosecuted the case writ-
Corrections or period of probation is completed and if ten notice as to the amount of restitution outstanding.
the restitution ordered has not been paid in full, the of-
fender shall continue to pay restitution to the office of An income withholding order issued pursuant to section
2007 remains effective and enforceable until the resti-
the attorney for the State who prosecuted the case and tution is paid in full, even after an offender is no longer
is subject to the provisions of section 2011 and, in the
event of a default, the provisions of section 2015. The in the custody or under the supervision of the Depart-
ment of Corrections. If an offender who is required to
state agency receiving the restitution shall deposit any make payments to the office of the attorney for the State
money received in the account maintained by the Trea-
surer of State for deposit of state agency funds, from who prosecuted the case under this subsection instead
makes a payment to the Department of Corrections or
which funds are daily transferred to an investment ac- the department otherwise receives money that is owed
count and invested. Interest accrued on that money is
the property of and accrues to the State for deposit in as restitution by an offender who is no longer in the cus-
tody or under the supervision of the department, includ-
the General Fund. The agency receiving the restitution ing, but not limited to, a setoff of a tax refund pursuant
shall make the disbursement to the victim or other
authorized claimant as soon as possible after the agency to Title 36, section 185-A, the department shall forward
the money to the victim and shall inform the office of
receives the money. the attorney for the State who prosecuted the case of that
Sec. 7. 17-A MRSA §2011, as enacted by PL action.
2019, c. 113, Pt. A, §2, is amended to read:
Sec. 8. 17-A MRSA §2015, sub-§7, as enacted
§2011. Former Department of Corrections' clients by PL 2019, c. 113, Pt. A, §2, is amended to read:
owing restitution
7. Payments. Payments made pursuant to this
An offender is responsible for paying any restitu- section must be made to the same agency to which the
tion outstanding at the time the term of commitment to restitution was required to be paid under section 2006
the Department of Corrections or period of probation is or section 2011, except that if the offender is no longer
completed. An offender who has complied with the in the custody or under the supervision of the Depart-
time and method of payment of monetary compensation ment of Corrections the payments must be made to the
400
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 198
office of the attorney for the State who prosecuted the CHAPTER 198
case or the clerk of the court, as ordered by the court.
S.P. 526 - L.D. 1289
See title page for effective date.
An Act to Facilitate Property
CHAPTER 197 Redevelopment and Encourage
Affordable Housing by
S.P. 442 - L.D. 1073 Allowing the Conveyance of
Unfinished Commercial
An Act to Streamline Label Condominium Units
Registrations for Malt Liquor,
Wine, Hard Cider and Low- Be it enacted by the People of the State of Maine
alcohol Spirits as follows:
Be it enacted by the People of the State of Maine Sec. 1. 33 MRSA §1602-101, as amended by
PL 2009, c. 261, Pt. B, §16, is further amended to read:
as follows:
§1602-101. Creation of condominium
Sec. 1. 28-A MRSA §6-A, sub-§2, as amended
by PL 2021, c. 658, §42, is further amended to read: (a) A condominium may be created pursuant to this
Act only by recording a declaration executed in the
2. Bureau registration required; exceptions. same manner as a deed, by all persons whose interests
Malt liquor, wine, hard cider or a low‑alcohol spirits in the real estate will be conveyed to unit owners and by
product may not be sold in the State unless the container every lessor of a lease the expiration or termination of
in which the malt liquor, wine, hard cider or low‑ which will terminate the condominium or reduce its
alcohol spirits product is sold bears a label registered size. In the creation of a condominium, the declaration
with the bureau. This subsection does not apply to: shall must be recorded in the same manner as a deed and
A. Liquor sold by the manufacturer for on‑ plats and plans shall must be recorded in the same man-
premises consumption pursuant to section 1355‑A, ner as plats and plans generally. All such documents,
subsection 2, paragraph B or I; or shall must be indexed in the name of the condominium
and the parties thereto and may be included in such
B. Liquor sold by a Maine manufacturer in a keg other indices as shall be determined by the Register of
to an on‑premises retail licensee.; or Deeds.
C. Malt liquor, wine, hard cider or a low-alcohol (b) No Except as provided in subsection (c), inter-
spirits product sold by the manufacturer bearing a est in any unit may not be conveyed to a purchaser until
label approved by the United States Department of the unit is substantially completed as evidenced by a
the Treasury, Alcohol and Tobacco Tax and Trade certificate or statement of substantial completion exe-
Bureau. A manufacturer seeking an exception un- cuted by an engineer or architect, or until a certificate
der this paragraph shall provide the bureau with no- of occupancy is issued by the municipal building offi-
tice of all products sold by that manufacturer in this cial; except that this limitation does not apply to con-
State that meet the requirements of this paragraph. tracts, options or reservations for sale of units later to be
Sec. 2. 28-A MRSA §6-A, sub-§3, as enacted so completed or to mortgages or transfers of units as se-
by PL 2019, c. 46, §2, is amended to read: curity for an obligation, deeds in lieu of foreclosure,
foreclosures and foreclosure sales, conveyances to suc-
3. Fees. The fees for registering a label with the cessor declarants or to any person in the business of sell-
bureau under subsection 2 are as follows. ing real estate for that person's own account, or to finan-
A. The fee for the initial label registration or notice cial institutions.
under subsection 2, paragraph C is $10. (c) A condominium unit described in this subsec-
B. The fee for changing a label registration or no- tion may be conveyed to a purchaser or transferee,
tice under subsection 2, paragraph C is $1. whether or not the unit is constructed and whether or
not the unit is completed, in accordance with this sub-
C. The annual renewal fee is $1 for each registered section. A condominium unit:
label or notice under subsection 2, paragraph C.
Renewal of a label registration or notice under sub- (1) To be used for nonresidential purposes may be
section 2, paragraph C must coincide with renewal conveyed by a declarant in any stage of completion to a
of the relevant license or certificate of approval. purchaser or transferee. The purchaser or transferee and
the declarant shall enter into a written agreement estab-
See title page for effective date. lishing the rights and responsibilities for completion of
the unit and the common elements. The agreement must
indicate whether the purchaser or transferee is treated as
a successor declarant of the uncompleted unit;
401
PUBLIC LAW, C. 199 FIRST SPECIAL SESSION - 2023
(2) That includes land on which improvements will (1) Title 17-A, chapter 11;
be constructed and become part of the unit may be con-
veyed to a purchaser or transferee. The purchaser or (2) Title 17-A, section 511-A; or
transferee is responsible for completing the improve- (3) Title 17-A, section 852 or 853; or
ments, even if the improvements will include an indi-
vidual dwelling unit; and B. A minor who is reported by the minor or by a
person responsible for the minor to be a victim of a
(3) That contains multiple dwelling units that are crime defined in:
to be held and maintained as a single condominium unit (1) Title 17-A, chapter 11;
containing multiple dwelling units may be conveyed by
a declarant in any stage of completion to a purchaser or (2) Title 17-A, section 511-A;
transferee. The purchaser or transferee and the declar- (3) Title 17-A, section 852 or 853; or
ant shall enter into a written agreement establishing the
rights and responsibilities for completion of the unit and (4) Title 17-A, section 282 or 283.
the common elements. The agreement must indicate §6202. Right to a sexual assault counselor
whether the purchaser or transferee is treated as a suc-
cessor declarant of the uncompleted unit. A survivor has the right to consult with a sexual as-
See title page for effective date. sault counselor during a sexual assault forensic exami-
nation and has the right to have a sexual assault coun-
selor present during any interview by a law enforcement
CHAPTER 199 officer, prosecutor, defense attorney or professional in-
vestigator about the reported sexual assault. A survivor
H.P. 876 - L.D. 1362 retains this right even if the survivor has waived the
right in a previous examination or interview.
An Act to Ensure the Rights of
Survivors of Sexual Assault §6203. Prohibition on use of evidence gathered dur-
ing sexual assault forensic examination
Be it enacted by the People of the State of Maine
as follows: 1. Use of evidence prohibited. Evidence gathered
during a sexual assault forensic examination may not be
Sec. 1. 15 MRSA c. 521 is enacted to read: used:
CHAPTER 521 A. To prosecute a survivor for any Class D or Class
RIGHTS OF SEXUAL ASSAULT SURVIVORS E crime under Title 17-A, chapter 45;
§6201. Definitions B. To prosecute a survivor for any crime of crimi-
nal OUI under Title 29-A, section 2411;
For the purposes of this chapter, the following
terms have the following meanings. C. To prosecute a survivor for any crime of failure
to appear, failure to report or violation of condition
1. Law enforcement officer. "Law enforcement of release under sections 1091, 1091-A and 1092,
officer" has the same meaning as in Title 25, section respectively;
2801-A, subsection 5.
D. As the basis of a motion to revoke any condi-
2. Person responsible for the minor. "Person re- tional release of the survivor under Title 17-A,
sponsible for the minor" has the same meaning as "per- chapter 67;
son responsible for the child" as defined in Title 22, sec-
tion 4002, subsection 9. E. To prosecute a survivor for any civil violation or
crime under Title 28-A;
3. Reported sexual assault. "Reported sexual as-
sault" means, with respect to a sexual assault survivor F. To prosecute a survivor for engaging in prostitu-
who is an adult, a crime described in subsection 5, par- tion under Title 17-A, section 853-A; or
agraph A or, with respect to a sexual assault survivor G. To prosecute a survivor for any juvenile crime
who is a child, a crime described in subsection 5, para- based on a violation of the laws set forth in para-
graph B. graphs A to F.
4. Sexual assault counselor. "Sexual assault 2. Use of evidence to justify search prohibited.
counselor" has the same meaning as in Title 16, section Evidence gathered during a sexual assault forensic ex-
53-A, subsection 1, paragraph B. amination may not be used as a basis to search for evi-
5. Sexual assault survivor. "Sexual assault sur- dence to be used against the survivor for any of the fol-
vivor" or "survivor" means: lowing:
A. An adult who reports that the adult is a victim A. A Class D or Class E crime under Title 17-A,
of a crime defined in: chapter 45;
402
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 201
403
PUBLIC LAW, C. 202 FIRST SPECIAL SESSION - 2023
C. An assessment of the effectiveness of the oxy- discharged or are at risk of discharge based on a circum-
gen pump benefit and the ventilator benefit with re- stance listed in subsection 4. Members of the board
gard to covering only those electric charges di- serve a term of 3 years. The director shall appoint a
rectly related to use of an oxygen pump or ventila- member to fill a vacancy on the board. The director
tor by the program participant.; and shall designate one of the members as the chair of the
board. The members of the board serve without com-
D. An identification of the sources of funds used
for low-income assistance program benefits for the pensation. The board shall meet at least monthly or as
often as determined to be necessary by the chair of the
program year. board.
See title page for effective date. 4. Application. A veteran who receives an other
than honorable discharge may file an application for el-
CHAPTER 202 igibility for rights, privileges and benefits granted to
veterans under state law if the veteran believes the dis-
H.P. 978 - L.D. 1523 charge characterization was based on:
An Act to Establish a A. The veteran's sexual orientation, gender identity
Qualifying Condition Review or gender expression;
Board to Provide Benefits to B. Conduct associated with a diagnosis of post-
Certain Service Members traumatic stress disorder or acquired brain injury;
or
Be it enacted by the People of the State of Maine
as follows: C. Conduct or circumstances relating to being a
victim of military sexual assault.
Sec. 1. 37-B MRSA §503, sub-§9, as enacted
by PL 2021, c. 37, §1, is repealed. A veteran filing an application under this section may
include evidence supporting the veteran's claim that the
Sec. 2. 37-B MRSA §504, sub-§4, ¶A-1, as discharge characterization was based on a reason de-
amended by PL 2021, c. 37, §2, is further amended by scribed in this subsection.
amending subparagraph (3) to read:
The bureau shall prescribe an application form to be
(3) "Program of general amnesty" does not in- used for purposes of this subsection and make that form
clude the process for upgrading a discharge for available on the bureau's publicly accessible website
state law purposes under section 503, subsec- along with instructions for filing the application.
tion 9 517.
5. Review of application. The board shall review
Sec. 3. 37-B MRSA §517 is enacted to read: each application submitted and render a recommenda-
§517. Qualifying Condition Review Board tion to the director as to whether the reason cited in the
application was more likely than not the primary reason
1. Definitions. As used in this section, unless the for the other than honorable discharge. The board shall
context otherwise indicates, the following terms have review each application not later than the 30th day after
the following meanings. the date the board receives the application and render a
A. "Board" means the Qualifying Condition Re- written recommendation to the director not later than
view Board established under this section. the 30th day after the date of the review. The director
shall issue a written decision not later than the 10th day
B. "Gender identity" has the same meaning as in after the date the director receives the board's recom-
Title 5, section 4553, subsection 5‑C. mendation, approving or denying the application. If the
C. "Sexual orientation" has the same meaning as in director approves the application, the veteran is eligible
Title 5, section 4553, subsection 9‑C. for rights, privileges and benefits granted to veterans
under state law. A veteran aggrieved by the director's
D. "Veteran" means a person who served in the decision may file a request for reconsideration with the
United States Armed Forces, the reserve compo- director not later than the 15th day after the date of the
nents of the United States Armed Forces, the Maine director's decision. The veteran may include supple-
National Guard or the Active Guard Reserve. mental documentation in support of the request for re-
2. Board established. The Qualifying Condition consideration. The director shall provide due consider-
Review Board is established to review applications sub- ation to the request for reconsideration and render a de-
mitted by veterans under this section. cision not later than the 10th day after the day the direc-
tor receives the request for reconsideration. The direc-
3. Board composition; terms; chair; compensa- tor's decision with regard to the reconsideration is a fi-
tion; meetings. The director shall appoint 3 members nal decision by the Maine Bureau of Veterans' Services
to serve on the board. Board members must have clini- and may be appealed by filing a complaint in the Supe-
cal experience working with veterans who have been rior Court.
404
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 204
405
PUBLIC LAW, C. 204 FIRST SPECIAL SESSION - 2023
(a) Withdrawing from or borrowing from (3) To retain an attorney for the legal separa-
or against all or any part of the cash sur- tion or divorce proceeding; and
render value of a life insurance policy of
(4) To make regular withdrawals or required
either party or of a child of the parties; minimum withdrawals in the normal course of
(b) Withdrawing from or borrowing from retirement.
or against all or any part of the retirement,
profit-sharing, pension, death or other em- C. The preliminary injunction must include the fol-
lowing statement:
ployee benefit plan or from an employee
savings plan, an individual retirement ac- "Warning
count or a "Keogh" retirement account;
This is an official court order. If you disobey
and this order the court may find you in contempt of
(c) Intentionally or knowingly damaging court.
or destroying the personal property of the
parties, including but not limited to any This court order is effective will remain in ef-
fect until the earliest of the following:
electronically stored materials, electronic
communications, financial records and (1) The court revokes or modifies it;
documents that represent or embody any-
(2) A final divorce judgment or decree of ju-
thing of value; dicial separation is entered; or
(2) That each party is enjoined from imposing (3) The action is dismissed."
restraint on the personal liberty of the other
party or of a biological or adopted child of ei- D. The preliminary injunction is effective against
ther or both of the parties; and the plaintiff upon the commencement of the action
and against the defendant upon service of a copy of
(3) That each Each party is enjoined prohib- both the complaint and order the preliminary in-
ited from canceling or voluntarily removing
the other party or a child of the parties from a junction in accordance with the Maine Rules of
Civil Procedure. The plaintiff is deemed to have
policy of health, dental or disability insurance accepted service of the plaintiff's copy of the pre-
that provides coverage for the other party or
the child of the parties. and that each party is liminary injunction and to have actual notice of its
contents by filing or causing the complaint to be
required to comply with any annual renewal served. The plaintiff shall cause a copy of the pre-
requirements or deadlines necessary for the
maintenance of such policies; liminary injunction to be served upon the defendant
with a copy of the summons and complaint.
(4) Each party is prohibited from canceling or
E. The preliminary injunction has the force and ef-
changing in any way, including by changing a fect of and is an order of a Judge of the Probate
beneficiary of, a casualty, life or motor vehicle
policy insuring a party or the party's property; Court or District Court or Justice of Superior Court
and is enforceable by all remedies made available
(5) Each party is prohibited from opening, by law, including contempt of court. The order re-
tampering with, destroying, deleting or with- mains in effect until entry of a final decree, until
holding mail, e-mail or text messages or any the case is dismissed or until otherwise ordered by
other form of communication addressed to the the court.
other party; and 2. Revocation or modification by the court. A
(6) Each party is prohibited from signing the preliminary injunction may be revoked or modified by
other party's name on any negotiable instru- the court after hearing for good cause shown. The party
ment, check or draft, including but not limited seeking to revoke or modify the preliminary injunction
to a tax refund, security deposit, insurance shall file a motion together with an affidavit that
payment or dividend. demonstrates the good cause necessary for revocation
or modification.
B-1. Notwithstanding paragraph B, subparagraph
(1), the preliminary injunction does not prohibit a A. Notwithstanding any law to the contrary, on 7
party from accessing funds or incurring debt for the days' notice to the other party or on shorter notice
following purposes: as the court may order, either party subject to an
order a preliminary injunction may appear and
(1) To continue the regular operations of an
ongoing business; move the dissolution or modification of the order
preliminary injunction, and in that event the court
(2) To pay for the necessities of life, including shall proceed to hear and determine the motion as
housing, utilities, food, transportation, school, expeditiously as justice requires.
child care and medical expenses;
406
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 204
B. Mediation is not required before a hearing on a divorce or for spousal or child support following di-
motion to revoke or modify a preliminary injunc- vorce by a court that lacked personal jurisdiction over
tion except as directed by the court. the absent spouse, the clerk of the court, pursuant to or-
C. A The court may modify or add to the terms of der of the District Court, shall issue a preliminary in-
junction order in the following manner.
the preliminary injunction does not prejudice the
rights of the parties or a child that are to be adjudi- A. The preliminary injunction must bear the signa-
cated at subsequent hearings in at any time during ture or facsimile signature of the clerk, be under the
the pendency of the proceeding and does not limit seal of the court, and contain the name of the court
the power of the court to issue other injunctive re- issuing the preliminary injunction and the names of
lief that may be proper under the circumstances. the parties and. If the plaintiff is represented, the
D. A preliminary injunction terminates and ceases preliminary injunction must also state the name and
address of the plaintiff's attorney. The preliminary
to have effect when: injunction may be obtained in blank from the clerk
(1) The court revokes or modifies it, except and must be filled out by the plaintiff's attorney for
that, if the court modifies the preliminary in- a fee. The plaintiff or the plaintiff's attorney is re-
junction, the modified preliminary injunction sponsible for serving this shall serve the prelimi-
takes effect upon the termination of the exist- nary injunction, along with the summons and com-
ing preliminary injunction and remains effec- plaint, on the defendant along with the summons
tive until later terminated as provided in this and complaint.
paragraph; B. The preliminary injunction must be directed to
(2) A final divorce judgment or decree of ju- each party to the action and must contain the fol-
dicial separation is entered; or lowing orders order that, unless the parties other-
wise agree in writing or unless the court orders oth-
(3) The action is dismissed.
erwise:
3. Remedies. The court may enforce a preliminary
injunction issued pursuant to this section: (1) That Except as specifically allowed by par-
agraph B-1, each party is enjoined prohibited
A. By finding a person who disobeys or resists the from damaging, destroying, transferring, en-
injunction in contempt of court; cumbering, concealing, selling or otherwise
disposing of the any property of owned or
B. By requiring a person who disobeys or resists claimed by either or both of the parties, except
the injunction to pay the costs and attorney's fees
that the other party incurred to enforce the prelimi- in the usual course of business or for the ne-
cessities of life, without the written consent of
nary injunction; or the parties or the permission of the court; re-
C. By appropriate processes as in other actions. gardless of whose name the property is in or
who holds title to the property. Violations of
The remedies provided in this subsection for enforce- this subparagraph include but are not limited
ment of a preliminary injunction are in addition to any
other civil or criminal remedies available, including to the following:
civil contempt of court. The use of one remedy does (a) Withdrawing from or borrowing from
not prevent the simultaneous or subsequent use of any or against all or any part of the cash sur-
other remedy. render value of a life insurance policy of
4. Mutual order of No effect on protection or either party or of a child of the parties;
restraint orders. Orders issued pursuant to this section (b) Withdrawing from or borrowing from
do not supersede orders issued pursuant to former chap- or against all or any part of the retirement,
ter 101 or to chapter 103. profit-sharing, pension, death or other em-
5. Attachment of property; trustee process. At- ployee benefit plan or from an employee
savings plan, an individual retirement ac-
tachment of real or personal property or on trustee pro- count or a "Keogh" retirement account;
cess may be used in connection with an action for judi-
cial separation. and
407
PUBLIC LAW, C. 204 FIRST SPECIAL SESSION - 2023
(2) That each party is enjoined from imposing (3) The action is dismissed."
restraint on the personal liberty of the other
party or of a biological or adopted child of ei- D. The preliminary injunction is effective against
the plaintiff upon the commencement of the action
ther or both of the parties; and and against the defendant upon service of a copy of
(3) That each Each party is enjoined prohib- both the complaint and order the preliminary in-
ited from canceling or voluntarily removing junction in accordance with the Maine Rules of
the other party or a child of the parties from a Civil Procedure. The plaintiff is deemed to have
policy of health, dental or disability insurance accepted service of the plaintiff's copy of the pre-
that provides coverage for the other party or liminary injunction and to have actual notice of its
the child of the parties. and that each party is contents by filing or causing the complaint to be
required to comply with any annual renewal served. The plaintiff shall cause a copy of the pre-
requirements or deadlines necessary for the liminary injunction to be served upon the defendant
maintenance of such policies; with a copy of the summons and complaint.
(4) Each party is prohibited from canceling or E. The preliminary injunction has the force and ef-
changing in any way, including by changing a fect of and is an order of a Judge of the Probate
beneficiary of, a casualty, life or motor vehicle Court or District Court or Justice of Superior Court
policy insuring a party or the party's property; and is enforceable by all remedies made available
(5) Each party is prohibited from opening, by law, including contempt of court. The order re-
mains in effect until entry of a final decree, until
tampering with, destroying, deleting or with- the case is dismissed or until otherwise ordered by
holding mail, e-mail or text messages or any
other form of communication addressed to the the court.
other party; and 2. Revocation or modification by the court. A
preliminary injunction may be revoked or modified by
(6) Each party is prohibited from signing the the court after hearing for good cause shown. The party
other party's name on any negotiable instru-
ment, check or draft, including but not limited seeking to revoke or modify the preliminary injunction
shall file a motion together with an affidavit that
to a tax refund, security deposit, insurance demonstrates the good cause necessary for revocation
payment or dividend.
or modification.
B-1. Notwithstanding paragraph B, subparagraph
(1), the preliminary injunction does not prohibit a A. Notwithstanding any law to the contrary, on 7
days' notice to the other party or on shorter notice
party from accessing funds or incurring debt for the as the court may order, either party subject to an
following purposes:
order a preliminary injunction may appear and
(1) To continue the regular operations of an move the dissolution or modification of the order
ongoing business; preliminary injunction, and in that event the court
(2) To pay for the necessities of life, including shall proceed to hear and determine the motion as
expeditiously as justice requires.
housing, utilities, food, transportation, school,
child care and medical expenses; B. Mediation is not required before a hearing on a
motion to revoke or modify a preliminary injunc-
(3) To retain an attorney for the legal separa-
tion or divorce proceeding; and tion except as directed by the court.
(4) To make regular withdrawals or required C. A The court may modify or add to the terms of
the preliminary injunction does not prejudice the
minimum withdrawals in the normal course of rights of the parties or a child that are to be adjudi-
retirement.
cated at subsequent hearings in at any time during
C. The preliminary injunction must include the fol- the pendency of the proceeding and does not limit
lowing statement: the power of the court to issue other injunctive re-
"Warning lief that may be proper under the circumstances.
This is an official court order. If you disobey D. A preliminary injunction terminates and ceases
to have effect when:
this order the court may find you in contempt of
court. (1) The court revokes or modifies it, except
that, if the court modifies the preliminary in-
This court order is effective will remain in ef-
fect until the earliest of the following: junction, the modified preliminary injunction
takes effect upon the termination of the exist-
(1) The court revokes or modifies it; ing preliminary injunction and remains effec-
(2) A final divorce judgment or decree of ju- tive until later terminated as provided in this
paragraph;
dicial separation is entered; or
408
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 205
(2) A final divorce judgment or decree of ju- workers or a job classification associated with the em-
dicial separation is entered; or ployer is that of an employee or an independent contrac-
tor may file with the board, on forms approved by the
(3) The action is dismissed.
board, a statement that the worker performs work as an
3. Remedies. The court may enforce a preliminary independent contractor.
injunction issued pursuant to this section:
A. The predetermination by the board statement
A. By finding a person who disobeys or resists the creates a rebuttable presumption, valid for one year
injunction in contempt of court; from the date the statement is received by the
board, that the determination is correct worker is an
B. By requiring a person who disobeys or resists independent contractor in any later claim for bene-
the injunction to pay the costs and attorney's fees
that the other party incurred to enforce the prelimi- fits under this Act.
nary injunction; or B. Nothing in this subsection requires a worker, an
employer or a workers' compensation insurance
C. By appropriate processes as in other actions. carrier to request predetermination to file a state-
The remedies provided in this subsection for enforce- ment with the board.
ment of a preliminary injunction are in addition to any
other civil or criminal remedies available, including 1-A. Predetermination permitted for construc-
tion subcontractors Construction subcontractor sta-
civil contempt of court. The use of one remedy does tus. A person, as defined in section 105‑A, subsection
not prevent the simultaneous or subsequent use of any
other remedy. 1, paragraph E, may apply to the board for a predeter-
mination file with the board, on forms approved by the
4. Mutual order of No effect on protection or board, a statement that the person performs construction
restraint orders. Orders issued pursuant to this section work in a manner that would not make the person an
do not supersede orders issued pursuant to former chap- employee of a hiring agent, as defined in section 105‑A,
ter 101 or to chapter 103. subsection 1, paragraph D.
5. Attachment of property; trustee process. At- A. The predetermination issued by the board pur-
tachment of real or personal property or on trustee pro- suant to this subsection is statement creates a rebut-
cess may be used in connection with an action for di- table presumption, valid for one year and creates a
vorce or spousal or child support following divorce by rebuttable presumption that the determination is
a court that lacked personal jurisdiction over the absent correct from the date the statement is received by
spouse. the board, that the person is a construction subcon-
tractor in any later claim for benefits under this Act.
6. Application. The Except as provided in sub-
section 1, the injunction authorized in this section does B. Nothing in this subsection requires a person, as
not apply to post-divorce actions. defined in section 105‑A, subsection 1, paragraph
E, a worker, an employer or a workers' compensa-
See title page for effective date. tion insurance carrier to request predetermination
to file a statement with the board.
CHAPTER 205 2. Premium adjustment. If it is determined that
S.P. 728 - L.D. 1803 a predetermination a statement filed with the board pur-
suant to this section does not withstand board or judicial
An Act to Improve the Maine scrutiny when raised in a subsequent workers' compen-
Workers' Compensation Act of sation claim, then, depending on the final outcome of
that subsequent proceeding, either the workers' com-
1992 pensation insurance carrier shall return excess premium
Be it enacted by the People of the State of Maine collected or the employer shall remit premium subse-
as follows: quently due in order to put the parties in the same posi-
tion as if the final outcome under the contested claim
Sec. 1. 39-A MRSA §105, as amended by PL were predetermined correctly.
2015, c. 297, §2, is further amended to read:
3. Predetermination submission Independent
§105. Predetermination of independent Independ- contractor and construction subcontractor infor-
ent contractor and construction subcon- mation. A party may submit, on forms approved by the
tractor status The board, a request for predetermination regarding the
1. Predetermination permitted Independent status of a person or job description as an employee,
contractor status. A worker, an employer or a work- construction subcontractor, as defined in section 105‑A,
ers' compensation insurance carrier, or any together, subsection 1, paragraph B, or independent contractor.
may apply to the board for a predetermination of The request is deemed to have been approved if the
whether the status of an individual worker, group of board does not deny or take other appropriate action on
409
PUBLIC LAW, C. 205 FIRST SPECIAL SESSION - 2023
the submission within 30 days shall post, on its publicly Sec. 5. 39-A MRSA §221, sub-§2, ¶A, as re-
accessible website, information pertaining to independ- pealed and replaced by PL 2011, c. 647, §15, is
ent contractor and construction subcontractor state- amended by amending subparagraph (2) to read:
ments filed pursuant to this section. (2) For benefits paid on claims for which the
4. Hearing. A hearing, if requested by a party date of injury is on or after January 1, 2013,
within 10 days of the board's decision on a petition, the net weekly amount of any old-age insur-
must be conducted under the Maine Administrative Pro- ance benefit or benefit under an employee ben-
cedure Act. A ruling by the board or administrative law efit plan, reduced by the prorated weekly
judge under this section is final and not subject to re- amount that would have been paid, if any, un-
view by the Superior Court. der the Federal Insurance Contributions Act,
5. Certificate. The board shall provide the peti- 26 United States Code, Sections 3101 to 3126,
federal income and state income taxes, calcu-
tioning party a certified copy of the decision regarding lated on an annual basis. The after-tax amount
predetermination that is to be used as evidence at a later
hearing on benefits. of any benefit subject to income taxes must be
determined by using the maximum number of
6. Rulemaking. The board is authorized to adopt dependents' allowances to which the employee
reasonable rules pursuant to the Maine Administrative is entitled and the standard deduction or zero
Procedure Act to implement the intent of this section, bracket amount applicable to the employee's
which is to afford speedy and equitable predetermina- filing status 2/3 of the gross weekly old-age in-
tion determination of employee, construction subcon- surance benefit or benefit under an employee
tractor, as defined in section 105‑A, subsection 1, para- benefit plan multiplied by 1.25.
graph B, and independent contractor status.
Sec. 6. 39-A MRSA §303, first ¶, as amended
Sec. 2. 39-A MRSA §153, sub-§10, as enacted by PL 2015, c. 297, §9, is further amended to read:
by PL 2011, c. 647, §1, is repealed. When any employee has reported to an employer
Sec. 3. 39-A MRSA §209-A, sub-§4, as en- under this Act any injury arising out of and in the course
acted by PL 2011, c. 338, §4, is amended to read: of the employee's employment that has caused the em-
ployee to lose a day's work, or when the employer has
4. Reimbursement rate if medical fee schedule
not established or updated. If the board fails to adopt knowledge of any such injury, the employer shall report
the injury to the board within 7 days after the employer
rules that establish a medical fee schedule in accordance receives notice or has knowledge of the injury. An in-
with subsection 2 by December 31, 2011 or the execu-
tive director fails to annually update the medical fee sured employer that has notice or knowledge of any
such injury and fails to give timely notice to its insurer
schedule in accordance with subsection 3, the reim- shall reimburse the insurer for any penalty that is due as
bursement rate for medical services is 105% of the pri-
vate 3rd-party payor average payment rate for the pro- a result of the late filing of the report of injury. The
employer shall also report the average weekly wages or
vider or the amount agreed to in writing by the provider earnings of the employee, as defined in section 102,
and the insurance company or self-insured employer
prior to the rendering of service by the provider. For subsection 4, together with any other information re-
quired by the board, within 30 days after the employer
purposes of this subsection, "reimbursement rate for receives notice or has knowledge of a claim for com-
medical services" means the total payment allowed for
the medical and ancillary services and products, includ- pensation under section 212, 213 or 215, unless a wage
statement has previously been filed with the board. The
ing any amount to be paid by a 3rd-party payor and the wage statement must report the earnings or wages of the
amount to be paid by the patient to satisfy a copayment,
deductible or coinsurance obligation the amount estab- employee on a weekly basis, unless the employee is
paid on other than a weekly basis, in which case the em-
lished by the medical fee schedule in effect on the date ployer may report the earnings or wages in the same
the update is due.
manner as earnings or wages are paid. A copy of the
Sec. 4. 39-A MRSA §210, sub-§1, as enacted wage information must be mailed to the employee. The
by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, employer shall report when the injured employee re-
is amended to read: sumes the employee's employment and the amount of
the employee's wages or earnings at that time. The em-
1. Rules. The board, in consultation with the ap- ployer shall complete a first report of injury form for
propriate professional organization representing the
health care specialty involved, shall may adopt rules es- any injury that has required the services of a health care
provider within 7 days after the employer receives no-
tablishing specific protocols pertaining to the extent and tice or has knowledge of the injury. The employer shall
duration of treatment for specific injuries and illnesses
to implement this section. Rules adopted pursuant to provide a copy of the form to the injured employee and
retain a copy for the employer's records but is not obli-
this subsection are routine technical rules as defined in gated to submit the form to the board unless the injury
Title 5, chapter 375, subchapter 2-A.
410
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 206
later causes the employee to lose a day's work. The em- forest products is effective for one calendar year or the
ployer is also required to submit the form to the board duration of the contract, whichever is shorter.
if the board has finally adopted a major substantive rule
pursuant to Title 5, chapter 375, subchapter 2‑A to re-
Sec. 10. 39-A MRSA §401, sub-§4-A is en-
acted to read:
quire the form to be filed electronically.
4-A. Predetermination of independent contrac-
Sec. 7. 39-A MRSA §360, sub-§1, as enacted tor status. A landowner and a contractor may submit
by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11,
to the board, on forms approved by the board, a request
is amended by enacting at the end a new blocked para- for predetermination of the status of the contractor as an
graph to read:
independent contractor.
An insured employer may be required to reimburse the
insurer for any penalty under this subsection that is due A. A request under this subsection is deemed to
have been approved if the board does not deny or
as a result of the insured employer's failure to give take other appropriate action on the submission
timely notice or information to its insurer.
within 30 days.
Sec. 8. 39-A MRSA §401, sub-§4, as amended B. A hearing, if requested by a party within 10 days
by PL 2011, c. 643, §12 and affected by §14, is further
of the board's decision on a petition, must be con-
amended by amending the first blocked paragraph to ducted under the Maine Administrative Procedure
read:
Act. A ruling by the board or administrative law
A landowner is not liable for compensation if at the time judge under this paragraph is final and not subject
the landowner enters into the contract with the contrac- to review by the Superior Court.
tor, the landowner applies for and receives a predeter- C. The board shall provide to each party a certified
mination of the independent status of the contractor as
set forth in section 105 subsection 4-A, the landowner copy of the decision regarding predetermination
that is to be used as evidence at a later hearing on
requests and receives a certificate of independent status, benefits.
issued by the board on an annual basis to a contractor,
certifying that the contractor harvests forest products in D. The board is authorized to adopt rules to imple-
a manner that would not make the contractor an em- ment this subsection. Rules adopted pursuant to
ployee of the landowner or the landowner requests and this paragraph are routine technical rules as defined
receives a certificate of insurance, issued by the con- in Title 5, chapter 375, subchapter 2-A.
tractor's insurance carrier, certifying that the contractor See title page for effective date.
has obtained the required coverage and indicating the
effective dates of the policy, and if the landowner re-
quests and receives at least annually similar certificates CHAPTER 206
indicating continuing coverage during the performance
of the work. A landowner who receives a predetermi- H.P. 1152 - L.D. 1807
nation of the contractor's status as independent contrac-
tor or a certificate of independent status is only relieved An Act to Implement the
of liability under this paragraph if the contract for wood Recommendations of the
harvesting expressly states that the independent con- Department of Inland Fisheries
tractor will not hire any employees to assist in the wood and Wildlife's Report on
harvesting without first providing the required certifi- Boater Safety Education
cate of insurance to the landowner.
Be it enacted by the People of the State of Maine
Sec. 9. 39-A MRSA §401, sub-§4, as amended as follows:
by PL 2011, c. 643, §12 and affected by §14, is further
amended by amending the 2nd blocked paragraph to Sec. 1. 12 MRSA §13001, sub-§6-B, as en-
read: acted by PL 2021, c. 656, §2, is amended to read:
Notwithstanding section 105, subsection 1, paragraph 6-B. Boater safety and education course certifi-
A, a A predetermination under section 105 subsection cate. "Boater safety and education course certificate"
4-A related only to a person engaged in harvesting for- means a certificate or other evidence of completion of a
est products is a conclusive presumption that the deter- boater safety and education course or an equivalency
mination is correct and section 105, subsection 2 does exam specified or approved by the commissioner pur-
not apply to that determination. Each party involved in suant to section 13052, subsection 2.
or affected by the predetermination must be provided Sec. 2. 12 MRSA §13001, sub-§24-A is en-
information on the workers' compensation laws and the acted to read:
effect of independent contractor status in relation to
those laws. A predetermination under section 105 sub- 24-A. Recreational boating. "Recreational boat-
section 4-A related to a person engaged in harvesting ing" means operating a motorboat primarily for the op-
411
PUBLIC LAW, C. 207 FIRST SPECIAL SESSION - 2023
erator's pleasure or leasing, renting or chartering a mo- issued a watercraft dealer's certificate of num-
torboat to another person for the other person's pleasure. ber and the person is under the direct supervi-
"Recreational boating" does not include using a motor- sion of a person 16 years of age or older who
boat engaged in the carriage of passengers for hire. has completed a boater safety and education
course;
Sec. 3. 12 MRSA §13052, sub-§2, as amended
by PL 2021, c. 656, §3, is further amended to read: (4) Possesses a rental or lease agreement that
lists the person as an authorized operator of the
2. Promote safety; education courses. The com-
missioner shall promote safety for persons and property motorboat and the person has completed a
temporary boater safety course provided by
in connection with the use and operation of watercraft. the rental agent who has been issued a certifi-
The commissioner, in accordance with section 13051,
shall implement the boater safety and education course cate of number as described in section 13064.
A renter or lessor meeting the requirements of
or equivalency exam requirements of this chapter. this subparagraph may operate the rented or
Sec. 4. 12 MRSA §13068-A, sub-§3-A, as en- leased motorboat for up to 14 days from the
acted by PL 2021, c. 656, §4, is amended by amending date of course completion or for the duration
the first blocked paragraph to read: of the rental agreement, whichever is earlier;
This subsection does not apply to the operation of per- or
sonal watercraft or motorboats other than for recrea- (5) Is not a citizen of the United States, arrived
tional boating purposes. to the United States by sea and is temporarily
operating on territorial waters as defined in
Sec. 5. 12 MRSA §13068-A, sub-§17, ¶A, as section 6001, subsection 48-B for 60 days or
enacted by PL 2021, c. 656, §5, is amended to read:
less.
A. Except as provided in paragraph C, beginning
January 1, 2024, a person born on or after January
Sec. 7. 12 MRSA §13071-A, sub-§6, as en-
acted by PL 2021, c. 656, §7, is amended to read:
1, 1999 may not operate on inland waters of this
State or territorial waters, as defined in section 6. Operating personal watercraft while 16 years
6001, subsection 48-B, a motorboat for recreational of age or older; boater safety and education course
boating purposes propelled by machinery capable requirement. Beginning January 1, 2024, a person
of producing more than 25 horsepower unless that born on or after January 1, 1999 may not operate a per-
person is 12 years of age or older and: sonal watercraft on inland waters of the State or territo-
rial waters, as defined in section 6001, subsection 48-B,
(1) Has completed a boater safety and educa- unless that person is 16 years of age or older and has
tion course; and
completed a boater safety and education course.
(2) Possesses and presents for inspection upon
request to a law enforcement officer a boater A. The following penalties apply to violations of
this subsection.
safety and education course certificate.
(1) A person who violates this subsection
Sec. 6. 12 MRSA §13068-A, sub-§17, ¶C, as commits a civil violation for which a fine of
enacted by PL 2021, c. 656, §5, is amended to read:
not less than $100 and not more than $500 may
C. A person is not required to meet the boater be adjudged.
safety and education course requirement of this
(2) A person who violates this subsection after
subsection if the person: having been adjudicated as having committed
(1) Possesses a valid Maine guide license and 3 or more civil violations under this Part within
has met the requirements for carrying passen- the previous 5-year period commits a Class E
gers for hire under section 13063; or crime.
(2) Possesses a valid maritime license of any See title page for effective date.
type that the commissioner determines, pursu-
ant to section 13052, subsection 2, meets the
boater safety education purposes of this sub- CHAPTER 207
section. or expired United States merchant ma- H.P. 20 - L.D. 16
rine document issued by the United States
Coast Guard for an operator of uninspected An Act to Make Technical
passenger vessel, or master or mate captain's Changes to Maine's Marine
license; Resources Laws
(3) Is test driving a motorboat that is regis-
tered in accordance with section 13060-A and Be it enacted by the People of the State of Maine
that is offered for sale by a dealer that has been as follows:
412
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 207
Sec. 1. 12 MRSA §6001, sub-§38, as enacted Sipayik and the Penobscot Nation. If the tribal govern-
by PL 1977, c. 661, §5, is amended to read: ments do not make a unanimous joint recommendation,
the Governor shall appoint a member of a federally rec-
38. Scallop. "Scallop" means sea scallop scallops,
placopecten Placopecten magellanicus, and bay scal- ognized Indian nation, tribe or band in the State and ro-
tate the appointment among members of each federally
lops, Argopecten irradians. recognized Indian nation, tribe or band in the State. The
Sec. 2. 12 MRSA §6001, sub-§41, as enacted composition of the council must reflect a geographical
by PL 1977, c. 661, §5, is amended to read: distribution along the coast. All appointed members are
appointed for a term of 3 years, except a vacancy must
41. Shellfish. "Shellfish" means clams, quahogs,
oysters, whole scallops and mussels and includes shell- be filled in the same manner as an original member for
the unexpired portion of the term. An appointed mem-
stock and shucked shellfish. ber may not serve for more than 2 consecutive terms.
Sec. 3. 12 MRSA §6001, sub-§55, as enacted Appointed members serve until their successors are ap-
by PL 2001, c. 112, §1, is amended to read: pointed. The chair of the Lobster Advisory Council, the
chair of the Sea Urchin Zone Council and the chair of
55. Whole scallop. "Whole scallop" means a cul-
tured scallop in any form, except when the final product the Shellfish Advisory Council shall serve until a new
chair of the Lobster Advisory Council, a new chair of
form is only the adductor muscle of the scallop or only the Sea Urchin Zone Council or a new chair of the
the adductor muscle on the shell of the scallop.
Shellfish Advisory Council, respectively, is chosen.
Sec. 4. 12 MRSA §6024, sub-§1-A, as Members are compensated as provided in Title 5, chap-
amended by PL 2021, c. 676, Pt. D, §4, is further ter 379.
amended to read: Sec. 5. 12 MRSA §6038, sub-§4, as enacted by
1-A. Appointment; composition; term; compen- PL 2007, c. 606, Pt. A, §2, is amended to read:
sation. The Marine Resources Advisory Council, es-
tablished by Title 5, section 12004‑G, subsection 27, 4. Officers. The officers of the council are the
chair, and vice-chair and secretary. The term of the of-
consists of 16 17 members. The chair of the Lobster Ad- ficers is one year. The council shall elect a member of
visory Council, the chair of the Sea Urchin Zone Coun-
cil and the chair of the Shellfish Advisory Council are the council for each officer position at the first regular
meeting of each year.
ex officio members of the council. Each other member
is appointed by the Governor and is subject to review Sec. 6. 12 MRSA §6072-A, sub-§17-A, as
by the joint standing committee of the Legislature hav- amended by PL 2013, c. 512, §2, is further amended to
ing jurisdiction over marine resources matters and to read:
confirmation by the Legislature. Five members must be
persons who are licensed under this Part to engage in 17-A. Notification of granted leases. After the
granting of a limited-purpose lease:
commercial harvesting activities. Those 5 members are
selected by the Governor from names recommended to A. The department shall notify all riparian owners,
the Governor by groups representing commercial har- intervenors and the municipality in which the lease
vesting interests. Each member must represent a differ- is located that a lease has been granted. The notice
ent commercial harvesting activity, except that none of must include a description of the area and how a
those 5 members may represent lobster harvesters. The copy of the lease may be obtained;
remaining 8 9 members must include one member who B. The lessee shall mark the leased area in a man-
is listed on the saltwater recreational fishing registry es-
tablished in section 6312 and does not hold a state ma- ner prescribed by the commissioner;
rine harvesting license, one public member, one mem- C. The Until October 1, 2023, the lessee shall an-
ber who is a member of a federally recognized Indian nually submit to the commissioner a report for the
nation, tribe or band in the State, 4 persons who hold a past year on results of the scientific research or
nonharvesting-related license under this Part, one per- commercial research and development undertaken
son representing recreational saltwater anglers and one at the lease site and a plan for the coming year. Re-
person representing the aquaculture industry. The Gov- sults of commercial research and development sub-
ernor shall select the person to represent the aquaculture mitted to the commissioner before October 1, 2023
industry from among the names recommended by the are confidential records for the purposes of Title 1,
aquaculture industry. The Governor shall select the section 402, subsection 3, paragraph A; and
member who is a member of a federally recognized In- C-1. The holder of a limited-purpose lease for sci-
dian nation, tribe or band in the State based on the joint
recommendation of the tribal governments of the entific research shall annually submit to the com-
missioner a report for the past year on results of the
Aroostook Band of Micmacs Mi'kmaq Nation, the scientific research undertaken at the lease site and
Houlton Band of Maliseet Indians, the Passamaquoddy
Tribe at Motahkomikuk, the Passamaquoddy Tribe at a plan for the coming year. Upon written request,
the commissioner shall provide a copy of the report
413
PUBLIC LAW, C. 207 FIRST SPECIAL SESSION - 2023
to the municipality or municipalities in which or preponderance of the evidence that a suspension is nec-
adjacent to which the lease is located; and essary, the commissioner shall immediately notify in
writing the person who violated the law or engaged in
D. The Until October 1, 2023, the lessee shall an-
nually submit to the department a seeding and har- the conduct. The notice must state that there is an op-
portunity for a hearing, if the person requests the hear-
vesting report for the past year and a seeding and ing in writing within 10 days of the notice. The notice
harvesting plan for the coming year. Upon written
request, the commissioner shall provide a copy of is deemed received 3 days after the mailing. The com-
missioner may suspend the license or certificate of a
the report to the municipality or municipalities in person who has been notified pursuant to this subsec-
which or adjacent to which the lease is located. The
seeding and harvesting reports submitted by a les- tion but who does not request a hearing within the al-
lowed time.
see under this paragraph before October 1, 2023 are
considered confidential statistics for the purposes Sec. 12. 12 MRSA §6374, sub-§2, as amended
of section 6173. by PL 2017, c. 197, §4, is further amended to read:
Sec. 7. 12 MRSA §6302-A, sub-§1, ¶B, as 2. Hearing. A hearing requested under subsection
amended by PL 2011, c. 598, §17, is further amended 1 must be held within 30 business days after receipt by
to read: the commissioner of a request for hearing except that a
hearing may be held more than 30 business days after
B. May utilize elver fishing gear tagged with elver
gear tags issued by the tribe, nation or band or the the request if the delay is requested by the person re-
questing the hearing. If the hearing is continued, it must
agent of the band in a manner consistent with tags be held no later than 60 days after the original notice,
issued pursuant to section 6505‑B. A member of
the tribe, nation or band is not required to pay elver and any further continuance must be with the consent of
both parties. The hearing must be held in accordance
fishing gear fees under section 6505‑B if the tribe, with the Maine Administrative Procedure Act, except
nation or band or the agent of the band issues that
member elver fishing gear tags; and that:
Sec. 8. 12 MRSA §6302-A, sub-§1, ¶C, as A. Notwithstanding Title 5, section 9057, the is-
sues of the hearing are limited to whether the per-
enacted by PL 1997, c. 708, §1 and affected by §3, is son requesting the hearing had a license or certifi-
amended to read:
cate and whether that person committed a violation
C. Is not required to hold a state shellfish license of marine resources law or conduct described in
issued under section 6601 to obtain a municipal section 6371, subsection 4 3; and
shellfish license pursuant to section 6671.; and B. Notwithstanding Title 5, section 9061, the deci-
Sec. 9. 12 MRSA §6302-A, sub-§1, ¶D is en- sion of the presiding officer under Title 5, section
acted to read: 9062 must be made not more than 10 business days
after completion of the hearing.
D. Is not required to complete an apprentice pro-
gram established under section 6422 if the tribe, na- If the presiding officer of the hearing finds that a viola-
tion or band provides documentation to the com- tion of marine resources law or conduct described in
missioner to show that the license applicant has section 6371, subsection 4 3 has been committed, the
completed an apprentice program that is satisfac- presiding officer shall immediately notify the commis-
tory to the tribe, nation or band. sioner of the finding.
Sec. 10. 12 MRSA §6374, first ¶, as amended Sec. 13. 12 MRSA §6374, sub-§3, as amended
by PL 2017, c. 197, §4, is further amended to read: by PL 2017, c. 197, §4, is further amended to read:
The procedure for suspending a license or certifi- 3. Finding of violation and suspension. The
cate under section 6371, subsections subsection 3 and 4 commissioner may suspend the license or certificate of
is governed by this section. the person requesting the hearing under subsection 2 if
the presiding officer of the hearing finds that a violation
Sec. 11. 12 MRSA §6374, sub-§1, as amended of marine resources law or conduct described in section
by PL 2017, c. 197, §4, is further amended to read:
6371, subsection 4 3 has been committed. Except as
1. Initiation and notice. If the Chief of the Bureau provided in this subsection and subsection 3‑A, the
of Marine Patrol delivers to the commissioner a written length of the suspension of the license or certificate may
statement under oath that the chief has probable cause not exceed:
to suspect that a violation of marine resources law or
conduct described in section 6371, subsection 4 3 has A. One year from the date of a first finding of a
violation or finding that conduct described in sec-
been committed, the commissioner shall immediately tion 6371, subsection 4 3 has been committed;
examine the affidavit and determine if a suspension is
necessary. If the commissioner determines based on a
414
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 209
B. Two years from the date of a 2nd finding of a 6072-C, subsection 2-B take effect January 1, 2024
violation or finding that conduct described in sec- 2025.
tion 6371, subsection 4 3 has been committed; or
See title page for effective date.
C. Three years from the date of a 3rd or subsequent
finding of a violation or finding that conduct de-
scribed in section 6371, subsection 4 3 has been CHAPTER 208
committed. H.P. 74 - L.D. 106
The commissioner may suspend any license or certifi-
cate for a period of time not to exceed the maximum An Act to Allow Members of
amount of time allowable for a criminal conviction or the Maine Public Employees
civil adjudication of the same violation. Retirement System With
Sec. 14. 12 MRSA §6506, sub-§6 is enacted to Service in Multiple Plans to
read: Defer Retirement Service
Benefits Until Normal
6. License exemption. Notwithstanding subsec- Retirement Age to Avoid a
tion 1, a person may fish for, take, possess or transport Reduction in Benefits
a halibut without a license if the person has fished for
or taken the halibut by tub trawl or by hook and line and Be it enacted by the People of the State of Maine
if the halibut is only for personal use. as follows:
Sec. 15. 12 MRSA §6506, sub-§7 is enacted to Sec. 1. 5 MRSA §17851, sub-§17 is enacted to
read: read:
7. Violation. A person who violates this section 17. Member eligible to retire from plans with
commits a civil violation for which a fine of not less different normal retirement ages. A member who
than $100 nor more than $500 may be adjudged. meets eligibility requirements to retire from plans with
Sec. 16. 12 MRSA §6506, sub-§8 is enacted to different normal retirement ages may retire and, at the
read: election of the member, defer initiation of service retire-
ment benefits from any plan in which the benefits would
8. Rules. The commissioner shall adopt rules to be reduced because the member has not reached normal
implement this section. Rules adopted pursuant to this retirement age. The deferral ends when the member
subsection are routine technical rules as defined in Title reaches normal retirement age for the plan. The elec-
5, chapter 375, subchapter 2-A. tion to defer is irrevocable and must be made before
Sec. 17. 12 MRSA §6852, sub-§2-A, ¶C, as payment of a service retirement benefit begins. Service
enacted by PL 2011, c. 598, §44, is amended to read: retirement benefits deferred under this subsection must
be paid by the retirement system without an early retire-
C. Shellstock bought from a mahogany quahog li- ment reduction and without any retroactive payment for
cense holder licensed under section 6731; or the deferral period. If the member dies before the end
Sec. 18. 12 MRSA §6852, sub-§2-A, ¶D, as of the deferral period, the deferral of benefits apply to
enacted by PL 2011, c. 598, §44, is amended to read: any continuing beneficiary payments for the same de-
ferral period that would have been applicable to the
D. Shellstock bought from a hand-raking mussel member.
license holder licensed under section 6745 or a
mussel boat license holder licensed under section See title page for effective date.
6746.; and
Sec. 19. 12 MRSA §6852, sub-§2-A, ¶E is CHAPTER 209
enacted to read: H.P. 142 - L.D. 221
E. Shellstock bought from an aquaculture license
holder licensed under section 6810-B. An Act Regarding Airboat
Noise
Sec. 20. PL 2021, c. 52, §21 is amended to read:
Sec. 21. Effective dates. That section of this Act Be it enacted by the People of the State of Maine
that amends the Maine Revised Statutes, Title 12, sec-
as follows:
tion 6072-C, subsection 6 takes effect January 1, 2022. Sec. 1. 12 MRSA §13068-A, sub-§10, ¶A-2,
Those sections of this Act that amend Title 12, section as amended by PL 2021, c. 585, §1, is further amended
6072-C, subsection 2 and enact Title 12, section by amending the 3rd blocked paragraph to read:
This paragraph is repealed on September 30, 2023
2025.
415
PUBLIC LAW, C. 210 FIRST SPECIAL SESSION - 2023
416
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 212
withdrawals or replacement candidates. Qualifying section 12004‑I, subsection 2‑I to make recommenda-
contributions collected by a replacement candidate un- tions to the department regarding administration of the
der this subsection may not be deposited into the fund fund and to report to the Legislature. In order to de-
until the replacement candidate has been nominated velop recommendations for the department, the advi-
and, if the replacement candidate is not officially nom- sory committee may form working groups that include
inated, the commission shall return the qualifying con- and seek input from subject matter experts from the
tributions to the contributors, unless the contributor public and private sectors to deliberate issues relating to
authorizes the deposit of the qualifying contribution the purposes of the fund as described in section 320‑K,
into the fund. Rules of the commission adopted under subsection 4, including, but not limited to, health mon-
this subsection are routine technical rules as defined in itoring, short-term financial aid for farmers, research
Title 5, chapter 375, subchapter 2-A. priorities, solar siting, long-term environmental moni-
toring and land acquisition.
Sec. 5. 21-A MRSA §1126, as amended by PL
2001, c. 465, §7, is further amended to read: Sec. 3. 7 MRSA §320-L, sub-§1, as enacted by
§1126. Commission to adopt rules PL 2021, c. 635, Pt. XX, §2, is amended by amending
the first blocked paragraph to read:
The commission shall adopt rules to ensure effec-
The 7 members of the public appointed by the commis-
tive administration of this chapter. These rules must in- sioner serve on the advisory committee for terms of 3
clude but must may not be limited to procedures for ob-
taining qualifying contributions, certification as a years. Members may be appointed for consecutive
terms. Members who are Legislators are appointed for
Maine Clean Election Act candidate, circumstances in- the duration of the legislative terms of office for which
volving special elections, vacancies, recounts, with-
drawals or replacements, collection of revenues for the they were appointed, except that at the end of the term,
members who are Legislators continue to serve until a
fund, distribution of fund revenue to certified candi- successor is appointed.
dates, return of unspent fund disbursements, disposition
of equipment purchased with clean election funds and Sec. 4. 7 MRSA §320-L, sub-§3, as enacted by
compliance with the Maine Clean Election Act. Rules PL 2021, c. 635, Pt. XX, §2, is amended to read:
of the commission required by this section are major
substantive rules as defined in Title 5, chapter 375, sub- 3. Reports Proceedings of the advisory commit-
tee. The advisory committee shall hold at least 2 public
chapter II‑A 2-A. hearings annually to seek input from the public on ef-
See title page for effective date. forts to meet the purposes of the fund. All proceedings
of the advisory committee are public proceedings
within the meaning of Title 1, chapter 13, subchapter 1.
CHAPTER 212 Notwithstanding Title 1, section 403, subsection 6, all
H.P. 187 - L.D. 289 records of proceedings of the advisory committee are
public and subject to the requirements of Title 1, section
An Act to Amend the Laws 403, subsection 2. The advisory committee shall report
Governing the Advisory to the joint standing committee of the Legislature hav-
ing jurisdiction over agricultural matters and the joint
Committee on the Fund to standing committee of the Legislature having jurisdic-
Address PFAS Contamination tion over environmental matters annually, beginning
Be it enacted by the People of the State of Maine March 1, 2023, on the input from subject matter experts
as follows: under subsection 1 and members of the public on issues
relating to the purposes and the use of the fund. The
Sec. 1. 5 MRSA §12004-I, sub-§2-I, as en- joint standing committee of the Legislature having ju-
acted by PL 2021, c. 635, Pt. XX, §1, is amended to risdiction over agricultural matters and the joint stand-
read: ing committee of the Legislature having jurisdiction
2-I. over environmental matters may report out legislation
related to each annual report to the Legislature in the
Agriculture Advisory Committee Expenses and 7 MRSA
on the Fund To Legislative Per Diem §320‑L
session when the report is received.
Address PFAS and Expenses for Sec. 5. Appropriations and allocations. The
Contamination Legislators/Expenses following appropriations and allocations are made.
Only for Other
Members AGRICULTURE, CONSERVATION AND
FORESTRY, DEPARTMENT OF
Sec. 2. 7 MRSA §320-L, first ¶, as enacted by
PL 2021, c. 635, Pt. XX, §2, is amended to read: DACF Administration 0401
The Advisory Committee on the Fund To Address Initiative: Provides allocations to reimburse expenses of
PFAS Contamination is established pursuant to Title 5, advisory committee members.
417
PUBLIC LAW, C. 213 FIRST SPECIAL SESSION - 2023
OTHER SPECIAL 2023-24 2024-25 A. Is oriented inward to the persons visiting or us-
REVENUE FUNDS ing the facility;
Personal Services $2,310 $2,310
__________ __________ B. Is secured to a fence, scoreboard or accessory
OTHER SPECIAL REVENUE $2,310 $2,310 structure;
FUNDS TOTAL
C. Does not exceed the height of the structure on
See title page for effective date. which it is located; and
D. Does not exceed 4 feet by 8 feet.
CHAPTER 213 2. Revenue collected. Revenue collected from ad-
H.P. 194 - L.D. 296 vertising fees under this section by a municipality must
be used for purposes related to the construction, mainte-
An Act to Ensure nance, operation or programming of the athletic facility.
Municipalities Receive a See title page for effective date.
Higher Percentage of All-
terrain Vehicle and
Snowmobile Registration Fees CHAPTER 215
to Cover Increased Expenses H.P. 313 - L.D. 496
Be it enacted by the People of the State of Maine An Act to Address Battery
as follows:
Storage System
Sec. 1. 12 MRSA §13105, sub-§1, ¶B, as en- Decommissioning and Clarify
acted by PL 2003, c. 414, Pt. A, §2 and affected by c. Solar Energy Development
614, §9, is amended to read: Decommissioning
B. Agents may charge a service fee of not more Be it enacted by the People of the State of Maine
than $1 $5 for each snowmobile registration or re- as follows:
newal registration issued and $2 for each registra-
tion covered by sections 13002 to 13005. This ser- Sec. 1. 35-A MRSA §3496, first ¶, as enacted
vice fee is retained by the agent. by PL 2021, c. 151, §1, is amended to read:
Sec. 2. 12 MRSA §13156, sub-§3, as enacted The Department of Environmental Protection shall
by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, administer and enforce this chapter with respect to the
is amended to read: decommissioning of solar energy developments for
which it is the environmental permitting entity, subject
3. Service fees. An agent may charge a service fee to the same powers and authorities granted to it pursuant
of $1 not more than $5 for each ATV registration or re- to Title 38, chapter 2, including which may include, but
newal registration issued and $2 for each registration are not limited to, the adoption of rules and the estab-
covered by sections 13002 to 13005. This service fee is lishment of reasonable fees. The Maine Land Use Plan-
retained by the agent. ning Commission shall administer and enforce this
See title page for effective date. chapter with respect to the decommissioning of solar
energy developments for which it is the environmental
permitting entity, subject to the same powers and au-
CHAPTER 214 thorities granted to it pursuant to Title 12, chapter
H.P. 248 - L.D. 397 206‑A, including which may include, but are not limited
to, the adoption of rules and the establishment of rea-
An Act to Allow Signs at sonable fees.
Outdoor Athletic Facilities Sec. 2. 35-A MRSA §3497 is enacted to read:
Be it enacted by the People of the State of Maine §3497. Applicability
as follows: This chapter applies to a solar energy development
Sec. 1. 23 MRSA §1908-B is enacted to read: with ground-mounted solar panels occupying 3 or more
acres on which construction begins on or after October
§1908-B. Outdoor advertising; outdoor athletic fa- 1, 2021 and to any other solar energy development with
cilities ground-mounted solar panels occupying 3 or more acres
1. Signs. A municipality may build and maintain an that undergoes a transfer of ownership on or after Octo-
advertising sign visible to the traveling public from a ber 1, 2021.
public way at an outdoor athletic facility as long as the Sec. 3. 35-A MRSA c. 34-E is enacted to read:
sign:
418
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 215
CHAPTER 34-E areas and not subject to the jurisdiction of the De-
partment of Environmental Protection pursuant to
BATTERY STORAGE SYSTEM DECOMMIS- Title 38, chapter 3, subchapter 1, article 6.
SIONING
4. Farmland. "Farmland" has the same meaning
§3498. Definitions
as in Title 36, section 1102, subsection 4.
As used in this chapter, unless the context other-
wise indicates, the following terms have the following 5. Transfer of ownership. "Transfer of owner-
ship" means a change in the legal entity that owns or
meanings. operates a battery storage system development. A sale
1. Decommissioning. "Decommissioning" means or exchange of stock or membership interests or a mer-
the physical removal of all components of a battery stor- ger is not a transfer of ownership as long as the legal
age system development, including but not limited to entity that owns or operates the battery storage system
battery storage modules and associated anchoring sys- development remains the same.
tems and foundations to a depth of at least 24 inches or
to the depth of bedrock, whichever is less, and other 6. Unorganized and deorganized areas. "Unor-
ganized and deorganized areas" has the same meaning
structures, buildings, roads, fences, cables, electrical as in Title 12, section 682, subsection 1.
components or associated facilities and foundations to a
depth of at least 24 inches or to the depth of bedrock, §3499. Decommissioning plan required
whichever is less, to the extent the components of the 1. Prohibition. A person may not construct, cause
development are not otherwise in or proposed to be
placed in productive use or otherwise authorized to re- to be constructed or operate a battery storage system de-
velopment with a capacity of 2 megawatts or more with-
main in place by the environmental permitting entity. out first obtaining approval of a decommissioning plan
For any portion of a battery storage system develop- from the environmental permitting entity under this sec-
ment located on land classified as farmland any time tion.
within 5 years preceding the start of construction of the
2. Plan requirements. A decommissioning plan
development, "decommissioning" means the physical must provide for the decommissioning of a battery stor-
removal of all such components of the development to
a depth of at least 48 inches or to the depth of bedrock, age system development and include demonstration of
current and future financial capacity, which must be un-
whichever is less, to the extent such components are not affected by the owner's or operator's future financial
otherwise in or proposed to be placed in productive use
or otherwise authorized to remain in place by the envi- condition, to fully fund decommissioning in accordance
with an approved decommissioning plan under this sec-
ronmental permitting entity. tion.
"Decommissioning" includes the grading to postcon- 3. Standards. An environmental permitting entity
struction grade and revegetation of all earth disturbed
during construction and decommissioning, except for shall approve a decommissioning plan whenever it finds
the following:
areas already restored.
A. The plan, if implemented, will result in success-
2. Battery storage system. "Battery storage sys- ful decommissioning of the battery storage system
tem" means a commercially available technology that
uses chemical processes for absorbing energy and stor- development, including the restoration of farmland
sufficient to support resumption of farming or ag-
ing it for a period of time for use at a later time, includ- ricultural activities;
ing but not limited to lithium-ion batteries.
B. The plan provides for the recycling of the waste
3. Environmental permitting entity. "Environ-
mental permitting entity" means: components of the battery storage system that are
recyclable and disposing of the components that
A. The Department of Environmental Protection in are not recyclable at facilities authorized to accept
the case of a battery storage system development: such components;
(1) Located wholly or partly outside of the un- C. The person identified in the plan as responsible
organized and deorganized areas; or for decommissioning demonstrates financial assur-
ance, in the form of a performance bond, surety
(2) Subject to the department's jurisdiction
pursuant to Title 38, chapter 3, subchapter 1, bond, irrevocable letter of credit or other form of
financial assurance acceptable to the environmen-
article 6; or tal permitting entity, for the total cost of decommis-
B. The Maine Land Use Planning Commission in sioning, including the cost of recycling the waste
the case of a battery storage system development components of the battery storage system that are
located wholly in the unorganized and deorganized recyclable and disposing of the components that
are not recyclable at facilities authorized to accept
such components; and
419
PUBLIC LAW, C. 216 FIRST SPECIAL SESSION - 2023
420
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 218
421
PUBLIC LAW, C. 219 FIRST SPECIAL SESSION - 2023
governmental approvals of any sale or transfer transac- (3) Considered as a whole, lacks serious liter-
tion and an additional 60 days after receipt of approval. ary, artistic, political or scientific value; and
The holder has the right to assign its option to a non-
B. The label does not contain a subject matter or
profit corporation upon such terms as the holder may an illustration that targets minors.
determine, including, but not limited to, requiring the
assignee to agree to additional income eligibility re- See title page for effective date.
strictions and rental restrictions for a duration as deter-
mined by the holder.
CHAPTER 220
A. Nothing in this section prevents an owner of the
property from deciding not to sell, transfer or take H.P. 360 - L.D. 555
other action that would result in termination of the
financial assistance and revoking the notice re- An Act to Increase the Number
quired by subsection 1 at any time before its expi- of Mature Plants Allowed for
ration described in this section. The withdrawal or the Home Cultivation of
revocation, or failure to close on a sale pursuant to Cannabis
the option within the time provided in this subsec-
tion, extinguishes any right of first refusal option Be it enacted by the People of the State of Maine
held by the Maine State Housing Authority holder as follows:
or an assignee. Sec. 1. 28-B MRSA §1501, sub-§1, ¶E, as en-
3. Exceptions. The Maine State Housing Author- acted by PL 2017, c. 409, Pt. A, §6 and amended by PL
ity holder may not possess any right of first refusal op- 2021, c. 669, §5, is amended to read:
tion when a bona fide buyer, by contract with the seller, E. Subject to the requirements and restrictions of
agrees to maintain the property as low-income housing section 1502, possess, cultivate or transport at any
without any termination or other modification to the in- one time up to 3 6 mature cannabis plants, 12 im-
come eligibility restrictions or rental restrictions or fi- mature cannabis plants and an unlimited number of
nancial assistance applicable to the property. The no- seedlings and possess all the cannabis produced by
tice provisions of this section apply to this subchapter. such plants at the person's place of residence or at
See title page for effective date. the location where the cannabis was cultivated;
Sec. 2. 28-B MRSA §1502, sub-§1, as enacted
by PL 2017, c. 409, Pt. A, §6 and amended by PL 2021,
CHAPTER 219 c. 669, §5, is further amended to read:
S.P. 298 - L.D. 740 1. Cultivation of up to 3 6 mature cannabis
plants per person for personal adult use authorized.
An Act to Clarify the Criteria Subject to the applicable requirements and restrictions
for State Approval of Alcoholic of subsections 2, 3 and 4, a person 21 years of age or
Beverage Container Labels older may cultivate up to 3 6 mature cannabis plants, up
Be it enacted by the People of the State of Maine to 12 immature cannabis plants and an unlimited num-
as follows: ber of seedlings for personal adult use:
Sec. 1. 28-A MRSA §6-A, sub-§2-A is en- A. On a parcel or tract of land on which the person
acted to read: is domiciled;
2-A. Criteria for label registration. Bureau re- B. On a parcel or tract of land owned by the person
view and approval of label registration is limited to on which the person is not domiciled; or
whether the submitted label conforms to the regulations C. On a parcel or tract of land not owned by the
adopted by the United States Department of the Treas- person and on which the person is not domiciled so
ury, Alcohol and Tobacco Tax and Trade Bureau and long as the owner of the parcel or tract of land by
the following criteria: written agreement permits the cultivation and care
A. The label does not contain any statement, de- of the cannabis plants on the parcel or tract of land
sign, device or representation that: by that person.
(1) To the average individual, applying con- A person may cultivate the cannabis plants and seed-
temporary community standards, considered lings authorized under this subsection at multiple loca-
as a whole, appeals to the prurient interest; tions so long as such cultivation activities otherwise
meet all requirements and restrictions of this section.
(2) Depicts or describes, in an offensive man-
ner, sexual acts, excretory functions, mastur- Sec. 3. 28-B MRSA §1502, sub-§3, ¶A, as
bation or lewd exhibition of the genitals; and enacted by PL 2017, c. 409, Pt. A, §6 and amended by
PL 2021, c. 669, §5, is further amended to read:
422
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 222
A. A municipality may adopt an ordinance or other 1. Development of guidance. The guidance for re-
regulation limiting the total number of mature can- ducing bird collisions with public buildings and im-
nabis plants that may be cultivated on any one par- provements must:
cel or tract of land within the municipality so long A. Be developed in consultation with expert stake-
as that ordinance or regulation allows for the culti-
vation of 3 6 mature cannabis plants, 12 immature holders, including, but not limited to, state or fed-
eral natural resource agencies with expertise in bird
cannabis plants and an unlimited number of seed- conservation; nongovernmental organizations with
lings by each person 21 years of age or older who
is domiciled on a parcel or tract of land. expertise in bird conservation; representatives from
the building and design community; and represent-
Sec. 4. 28-B MRSA §1502, sub-§4, ¶A, as atives of green building or bird safe building certi-
enacted by PL 2017, c. 409, Pt. A, §6 and amended by fication programs;
PL 2021, c. 669, §5, is further amended to read:
B. Include an explanation of architectural design
A. The Maine Land Use Planning Commission threats and landscape design threats to birds;
may limit the total number of mature cannabis
C. Include an explanation of the cost differentials
plants that may be cultivated on any one parcel or and comparative effectiveness of materials, designs
tract of land within a town, plantation or township
in the unorganized and deorganized areas so long and other methods for reducing bird collisions;
as that limitation allows for the cultivation of 3 6 D. Include an explanation of other considerations
mature cannabis plants, 12 immature cannabis for reducing bird collisions; and
plants and an unlimited number of seedlings by
E. Be available on the bureau's publicly accessible
each person 21 years of age or older who is domi- website.
ciled on a parcel or tract of land.
2. Reports. The bureau shall submit a report to the
See title page for effective date.
joint standing committee of the Legislature having ju-
risdiction over state and local government matters by
CHAPTER 221 December 31, 2026, and biennially thereafter, detailing
use of the guidance under this section during the previ-
H.P. 439 - L.D. 670 ous 2-year period, including reasons and factors for us-
ing or not using the guidance. The committee may sub-
An Act to Protect Birds in the mit legislation relating to the subject matter of the report
Construction, Renovation and to the session of the Legislature following receipt of the
Maintenance of Public report.
Buildings Sec. 2. Report. The Department of Administra-
Be it enacted by the People of the State of Maine tive and Financial Services, Bureau of General Ser-
as follows: vices, referred to in this section as "the bureau," shall
develop the guidance required by the Maine Revised
Sec. 1. 5 MRSA §1754 is enacted to read: Statutes, Title 5, section 1754 by December 31, 2024.
§1754. Guidance regarding integration of bird col- The bureau shall submit a report to the joint standing
lision risk management into public im- committee of the Legislature having jurisdiction over
provements state and local government matters no later than De-
cember 31, 2024 detailing the guidance developed. The
The Department of Administrative and Financial committee may submit legislation relating to the subject
Services, Bureau of General Services, referred to in this matter of the report to the 132nd Legislature in 2025.
section as "the bureau," shall develop guidance regard-
ing the integration of bird collision risk management See title page for effective date.
into public improvements. The bureau, to the extent it
determines appropriate considering all relevant factors,
shall follow the guidance in the construction of public CHAPTER 222
improvements and renovations of public improvements H.P. 467 - L.D. 698
in which more than 50% of a building facade is substan-
tially altered. The guidance is not applicable to public An Act to Reduce the Cost of
buildings, landscapes or districts listed on the National Energy in Maine and Reduce
Register of Historic Places or determined by the Maine Greenhouse Gas Emissions
Historic Preservation Commission, created pursuant to Through the Effective Use of
Title 27, section 502, to be eligible for inclusion on the
National Register of Historic Places, including the State Renewably Sourced Gas
House and the Blaine House. Be it enacted by the People of the State of Maine
as follows:
423
PUBLIC LAW, C. 222 FIRST SPECIAL SESSION - 2023
Sec. 1. 35-A MRSA §1903, as amended by PL limitations conferred or imposed upon it with respect to
2015, c. 445, §§3 and 4, is repealed. geologically or conventionally sourced natural gas and
within the same territorial limitations within which it is
Sec. 2. 35-A MRSA §1909-A is enacted to authorized to deal in manufactured gas.
read:
§1909-A. Regional natural gas monitoring; commis- 3. Commission approval. A gas utility may peti-
tion the commission to utilize renewably sourced gas in
sion intervention accordance with subsection 2. The commission may
1. Federal Energy Regulatory Commission pro- authorize the use of renewably sourced gas upon a find-
ceedings. The commission shall: ing that:
A. Monitor proceedings at the Federal Energy Reg- A. The gas utility will utilize the renewably sourced
ulatory Commission related to interstate natural gas gas in a manner that is safe and reliable;
transportation capacity in New England and the B. The renewably sourced gas will be provided to
Northeast; and
customers at a just and reasonable rate; and
B. If the commission believes that intervention and
participation in a proceeding described in para- C. Granting the authorization may reduce green-
house gas emissions and help to meet the green-
graph A will best represent the interests of the house gas emissions reduction levels set forth in Ti-
State's electric and gas ratepayers, intervene and
participate in the proceeding and seek to achieve a tle 38, section 576-A.
result that will ensure the lowest possible natural Sec. 5. Requests for information; Public
gas and electricity prices for consumers in the Utilities Commission. The Public Utilities Commis-
State. sion, after consultation with the Office of the Public Ad-
2. Report. By December 31st of any year in which vocate, the Governor's Energy Office and the Efficiency
Maine Trust, shall issue a request for information to ap-
the commission has intervened and participated in a propriate stakeholders, organizations or other entities
proceeding pursuant to subsection 1, paragraph B, the
commission shall submit a report to the joint standing identified by the commission for the following infor-
mation:
committee of the Legislature having jurisdiction over
energy and utility matters summarizing its participation. 1. Whether there are any reasonable opportunities
for the commission to explore and consider engaging in
Sec. 3. 35-A MRSA §1912, as amended by PL the execution of an energy cost reduction contract or a
2017, c. 22, §1, is repealed.
physical energy storage contract in accordance with the
Sec. 4. 35-A MRSA §4701-A is enacted to principles of beneficial electrification and the Maine
read: Revised Statutes, Title 35-A, chapter 19; and
§4701-A. Renewably sourced gas; authorized with 2. Identification of existing and near-term replace-
commission approval ment energy sources for natural gas in commercial and
industrial uses, including when the replacement energy
1. Definition. For the purposes of this section, un-
less the context otherwise indicates, the following term sources are expected to be available, the cost of those
replacement energy sources and the steps needed to de-
has the following meaning. velop a cost-effective and reliable supply of such re-
A. "Renewably sourced gas" means gas that the placement energy sources.
commission finds has been processed to meet pipe-
line, equipment and appliance quality standards to By February 1, 2024, the commission shall submit
a report to the Joint Standing Committee on Energy,
blend with or substitute for geologically derived Utilities and Technology that includes a summary of the
natural gas and may include gas that:
responses the commission received from its request for
(1) Is produced by anaerobic digestion or gas- information, any actions the commission has taken, if
ification of agricultural waste, dairy or animal any, as a result of the information submitted by respond-
residual materials or landfill biomass material; ents to the commission's request for information and
any recommendations. The committee may report out a
(2) Is produced by wastewater treatment or bill to the Second Regular Session of the 131st Legisla-
other waste processes; or
ture.
(3) Has a lower carbon content than natural
gas, including but not limited to hydrogen gas. See title page for effective date.
424
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 225
425
PUBLIC LAW, C. 226 FIRST SPECIAL SESSION - 2023
426
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 228
a violation of privacy has not in fact attained 16 separate and apart from all other money, funds and ac-
years of age. counts.
Sec. 5. 34-A MRSA §11273, sub-§14, ¶C-1 Sec. 4. 12 MRSA §10703, sub-§7, ¶D, as en-
is enacted to read: acted by PL 2003, c. 414, Pt. A, §2 and affected by c.
C-1. Title 17-A, section 511, subsection 1, para- 614, §9, is amended to read:
graph F; D. The failure of a person to comply with the duty
to submit to and complete a chemical test under
See title page for effective date. section 10702, subsection 1 is admissible in evi-
dence on the issue of whether that person was un-
CHAPTER 228 der the influence of intoxicating liquor or drugs. If
the law enforcement officer having probable cause
S.P. 70 - L.D. 131 to believe that the person hunted wild animals or
wild birds or operated or attempted to operate a wa-
An Act to Clarify and Correct tercraft, snowmobile or ATV while under the influ-
Inland Fisheries and Wildlife ence of intoxicating liquor or drugs fails to give ei-
Laws ther of the warnings required under subsection 2,
the failure of the person to comply with the duty to
Be it enacted by the People of the State of Maine submit to a chemical test is not admissible, except
as follows: when a test was required pursuant to subsection 11.
Sec. 1. 12 MRSA §10107-A, as enacted by PL If a failure to submit to and complete a chemical
2011, c. 381, §3, is repealed. test is not admitted into evidence, the court may in-
form the jury of the fact that a test result is not
Sec. 2. 12 MRSA §10206, sub-§11, as enacted available.
by PL 2015, c. 245, §1, is amended to read:
11. Species Fish and Wildlife Management Ed-
Sec. 5. 12 MRSA §10703, sub-§11, as
amended by PL 2011, c. 253, §8, is repealed.
ucation Fund. The department shall deposit $1 of
every hunting license and trapping license fee collected Sec. 6. 12 MRSA §10853, sub-§8, as amended
pursuant to sections 11109, 11109‑A and 12201 in a by PL 2017, c. 164, §5, is further amended to read:
separate account within the department, to be known as 8. Members of federally recognized Indian na-
the Species Fish and Wildlife Management Education tion, band or tribe. The commissioner shall issue a
Fund. The fund is nonlapsing. The department shall hunting, trapping and fishing license, including an ar-
use money in the fund on an annual basis to educate the chery hunting license under this chapter, and including
public on the management of game species of fish and all permits, stamps and other permission needed to hunt,
wildlife and to communicate with the public about de- trap and fish, to a person who is an enrolled member of
partment programs. The department may contract with the Passamaquoddy Tribe, the Penobscot Nation, the
a private entity to provide this education. Education Houlton Band of Maliseet Indians or the Aroostook
provided pursuant to this section must may include in- Band of Micmacs that is valid for the life of that person
formation about how hunting and fishing helps help to without any charge or fee pursuant to section 11109, if
manage specific species. The department may continue the person presents certification from the respective ap-
its activities pursuant to this subsection during ballot in- propriate reservation chief or governor or the Aroostook
itiative campaigns concerning fish and wildlife issues. Micmac Council stating that the person described is an
Sec. 3. 12 MRSA §10260, as corrected by RR enrolled member of a federally recognized Indian na-
2015, c. 1, §6, is amended to read: tion, band or tribe listed in this subsection. Holders of
these licenses are subject to this Part, including, but not
§10260. Black Bear Research and Management limited to, a lottery or drawing system for issuing a par-
Fund ticular license or permit. Members of a federally rec-
The Black Bear Research and Management Fund, ognized Indian nation, band or tribe listed in this sub-
referred to in this section as "the fund," is established section are exempt from the trapper evaluation educa-
within the department as a nonlapsing fund to be used tion program required for a license under section 12201,
by the commissioner to fund or assist in funding studies the bear trapping education course required by section
related to research on and the management of black 12260-A, subsection 4 and the archery hunter education
bears. Revenue from the nonresident late season bear course under section 11106. A license holder under this
hunting permit under section 11151‑A and the bear subsection who qualifies to hunt during the special sea-
trapping permit under section 12260‑A must be depos- son on deer under section 11153 and who meets the el-
ited in the fund. The commissioner may accept and de- igibility requirements of section 11106 must have in-
posit into the fund monetary gifts, donations or other cluded in that person's license one antlerless deer permit
contributions from public or private sources for the pur- and one either-sex permit.
poses specified in this section. The fund must be held
427
PUBLIC LAW, C. 228 FIRST SPECIAL SESSION - 2023
Sec. 7. 12 MRSA §11109-A, sub-§2-A, as Sec. 10. 12 MRSA §12260-A, sub-§4, as en-
amended by PL 2021, c. 599, §8, is repealed and the acted by PL 2021, c. 100, §12 and affected by §13, is
following enacted in its place: amended by enacting a new 2nd blocked paragraph to
2-A. Antlerless deer permit. The following pro- read:
visions govern the ability of a super pack license holder A person who is an enrolled member of the Passama-
to obtain an antlerless deer permit. quoddy Tribe, the Penobscot Nation, the Houlton Band
of Maliseet Indians or the Aroostook Band of Micmacs
A. In a wildlife management district in which the
commissioner issues at least 2,000 antlerless deer who presents certification from the appropriate reserva-
tion chief or governor or the Aroostook Micmac Coun-
permits, the commissioner may allocate up to 2.5% cil stating that the person is an enrolled member of a
of those antlerless deer permits to super pack li-
cense holders. The commissioner shall award to federally recognized Indian nation, band or tribe listed
in this paragraph is exempt from this subsection.
successful applicants an antlerless deer permit as
described under section 11152, valid for use only Sec. 11. 12 MRSA §12501, sub-§6, ¶B, as
in a designated district. amended by PL 2009, c. 213, Pt. OO, §11, is further
B. In order to receive a super pack antlerless deer amended to read:
permit, a super pack licensee must apply through B. A resident combination hunting and fishing li-
the antlerless deer permit lottery. If the applicant cense is $42 $43.
receives a super pack antlerless deer permit in
accordance with paragraph A, the applicant may
Sec. 12. 12 MRSA §12501, sub-§6, ¶C, as
amended by PL 2009, c. 213, Pt. OO, §11, is further
claim the permit at no cost. If the applicant re-
ceives but does not claim the permit, the applicant amended to read:
forfeits the permit. If the applicant does not receive C. A resident combination archery hunting and
a super pack antlerless deer permit in accordance fishing license is $42 $43.
with paragraph A, the applicant is eligible to re-
ceive an antlerless deer permit by means of the ant-
Sec. 13. 12 MRSA §13068-A, sub-§4, ¶A, as
enacted by PL 2003, c. 655, Pt. B, §380 and affected by
lerless deer permit lottery as described in section
11152 and if received may claim and pay for the §422, is amended by amending subparagraph (3) to
read:
antlerless deer permit. The applicant may purchase
an antlerless deer permit over the counter. (3) Fails to wear a Coast Guard approved
Type I, Type II or Type III personal flotation
Sec. 8. 12 MRSA §11109-A, sub-§3, as device while canoeing or kayaking on the Saco
amended by PL 2023, c. 49, §1 and affected by §3, is
River between Hiram Dam and the Atlantic
further amended to read: Ocean between January 1st and June 1st; or
3. Harvest of 6 deer Deer harvest authoriza- Sec. 14. 12 MRSA §13068-A, sub-§4, ¶A, as
tions. Notwithstanding section 11501, a super pack li-
cense authorizes the holder to take: enacted by PL 2003, c. 655, Pt. B, §380 and affected by
§422, is amended by amending subparagraph (4) to
A. One deer during either the regular open firearm read:
season or the regular archery season or the special (4) Fails to wear a Coast Guard approved
muzzle-loading season in accordance with sections
11401, 11403 and 11404, respectively; and Type I, Type II, Type III or Type V personal
flotation device while operating a watercraft
B. One deer in accordance with subsection 2‑A, on:
paragraph A; and (a) The Penobscot River, between the
C. Three antlerless deer and one deer of either sex gorge and the head of Big Eddy; or
during the special archery season in accordance
with section 11402, subsection 4. (b) The Kennebec River, between Harris
Station and Turtle Island, at the foot of
Sec. 9. 12 MRSA §11552, first ¶, as enacted Black Brook Rapids.
by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, Sec. 15. 12 MRSA §13071-A, sub-§2, ¶A, as
is amended to read:
enacted by PL 2003, c. 655, Pt. B, §384 and affected by
Rules adopted under this section are routine tech- §422, is amended by amending subparagraph (1) to
nical rules as defined in Title 5, chapter 375, subchapter read:
2‑A. The commissioner shall report to the joint stand- (1) Operate or be a passenger on a personal
ing committee of the Legislature having jurisdiction
over wildlife matters by February 1st of each year on watercraft unless the person is wearing a Coast
Guard approved Type I, Type II or Type III
proposed actions under this section. personal flotation devices device; or
428
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 230
Sec. 16. 12 MRSA §13152, sub-§2, as re- (4) Has formula intolerance and is experienc-
pealed and replaced by PL 2005, c. 397, Pt. E, §17, is ing weight loss or difficulty feeding;
amended by amending the first blocked paragraph to
(5) Has low blood sugar;
read:
(6) Has congenital heart disease;
A person under 16 years of age must attend the training
program with that person's parent or guardian. The (7) Has received or will receive an organ
training program must include instruction on the safe transplant; or
operation of ATVs, the laws pertaining to ATVs, the (8) Has another serious medical condition for
effect of ATVs on the environment and ways to mini-
mize that effect, courtesy to landowners and other rec- which donor breast milk is medically neces-
sary.
reationists and landowners and other materials as deter-
mined by the department. Sec. 2. Application. The requirements of this
Act apply to all policies, contracts and certificates exe-
Sec. 17. Effective date. That section of this Act cuted, delivered, issued for delivery, continued or re-
that repeals and replaces the Maine Revised Statutes,
newed in this State on or after January 1, 2024. For pur-
Title 12, section 11109-A, subsection 2-A and that sec- poses of this Act, all policies, contracts and certificates
tion of this Act that amends Title 12, section 11109-A,
subsection 3 take effect January 1, 2024. are deemed to be renewed no later than the next yearly
anniversary of the contract date.
See title page for effective date, unless otherwise
indicated.
Sec. 3. Exemption from mandate review.
Notwithstanding the Maine Revised Statutes, Title
24-A, section 2752, this Act is enacted without review
CHAPTER 229 and evaluation by the Department of Professional and
Financial Regulation, Bureau of Insurance.
S.P. 126 - L.D. 267
See title page for effective date.
An Act to Require Private
Insurance Coverage for Donor CHAPTER 230
Breast Milk
S.P. 226 - L.D. 509
Be it enacted by the People of the State of Maine
as follows: An Act to Amend the Net
Sec. 1. 24-A MRSA §4320-V is enacted to Energy Billing Laws to Direct
read: Expiring Net Energy Billing
§4320-V. Coverage for donor breast milk Credits to Provide Low-income
Assistance
1. Required coverage. A carrier offering a health
plan in this State shall provide coverage for pasteurized Be it enacted by the People of the State of Maine
donor breast milk provided to an infant eligible for cov- as follows:
erage under the health plan if a physician or physician Sec. 1. 35-A MRSA §3209-A, sub-§8, as en-
assistant licensed under Title 32, chapter 36 or 48 or an acted by PL 2021, c. 370, §1 and reallocated by RR
advanced practice registered nurse licensed under Title 2021, c. 1, Pt. A, §37 and PL 2021, c. 659, §18 and c.
32, chapter 31 signs an order stating that: 705, §13, is amended to read:
A. The infant is medically or physically unable to 8. Unused kilowatt-hour credits; rules. To the
receive maternal breast milk or participate in extent rules adopted under this section provide for the
breastfeeding or the infant's parent is medically or periodic expiration of unused kilowatt-hour credits ac-
physically unable to produce maternal breast milk cumulated by a customer participating in a net energy
in quantities sufficient for the infant; and billing arrangement, the commission shall require by
B. The infant: rule that, no earlier than April 1, 2022, each transmis-
sion and distribution utility with a net energy billing ar-
(1) Was born at a birth weight of less than rangement that has implemented or elected to imple-
1,500 grams; ment an arrearage management program pursuant to
(2) Has a gastrointestinal anomaly or meta- section 3214, subsection 2‑A shall account for and, on
bolic or digestive disorder or is recovering or before January 1st of each year, apply remit the value
from intestinal surgery and the infant's diges- of all unused kilowatt-hour credits that were accumu-
tive needs require additional support; lated and that expired during the prior calendar year to
the commission for the benefit of participants in the util-
(3) Is not appropriately gaining weight or ity's arrearage management program individuals receiv-
growing; ing low-income assistance in accordance with section
429
PUBLIC LAW, C. 231 FIRST SPECIAL SESSION - 2023
3214, subsection 2. The rules adopted by the commis- All Other $500 $500
sion pursuant to this subsection must: __________ __________
OTHER SPECIAL REVENUE $500 $500
A. Establish the manner by which a transmission FUNDS TOTAL
and distribution utility must account for unused
kilowatt-hour credits that were accumulated by all See title page for effective date.
customers of the utility with net energy billing ar-
rangements during the prior calendar year and that CHAPTER 231
expired during the prior calendar year; and
H.P. 605 - L.D. 958
B. Establish the manner by which a transmission
and distribution utility must apply such unused An Act to Expand Protections
kilowatt-hour credits for the benefit of participants
in the utility’s arrearage management program, to Maine's Loons from Lead
which must be designed to result in each such par- Poisoning by Prohibiting the
ticipant receiving as close to an equal amount of Sale and Use of Certain
those credits except when the credited amount Painted Lead Jigs
would exceed the amount of a participant’s arrear- Be it enacted by the People of the State of Maine
age remit the value of the unused and expired as follows:
kilowatt-hour credits.
Sec. 1. 12 MRSA §12663-B, as enacted by PL
Notwithstanding any provision of this section to the 2013, c. 372, §2, is amended to read:
contrary, rules adopted by the commission pursuant to
this subsection are routine technical rules as defined in §12663-B. Unlawful sale of lead sinkers and, bare
Title 5, chapter 375, subchapter 2‑A. lead jigs and painted lead jigs
Sec. 2. 35-A MRSA §3214, sub-§2, as enacted 1. Definitions. As used in this section, unless the
by PL 1997, c. 316, §3, is amended to read: context otherwise indicates, the following terms have
the following meanings.
2. Low-income assistance. In order to continue
existing levels of financial assistance for low-income A. "Bare lead jig" means an unpainted lead jig that
households and to meet future increases in need caused contains lead and that:
by economic exigencies, the commission shall: (1) Weighs one ounce or less; or
A. Receive funds collected by all transmission and (2) Measures 2 1/2 inches or less in length.
distribution utilities in the State at a rate set by the
commission in periodic rate cases; and B. "Lead sinker" means a device that contains lead
that is designed to be attached to a fishing line and
B. Set initial funding for programs based on an as- intended to sink the line and that:
sessment of aggregate customer need in periodic
rate cases. The funding formula may not result in (1) Weighs one ounce or less; or
assistance being counted as income or as a resource (2) Measures 2 1/2 inches or less in length.
in other means-tested assistance programs for low-
income households. To the extent possible, assis- "Lead sinker" does not include artificial lures,
tance must be provided in a manner most likely to weighted line, weighted flies or jig heads.
prevent the loss of other federal assistance.; and C. "Painted lead jig" means a painted lead jig that
C. Receive funds remitted by transmission and dis- contains lead and that:
tribution utilities with net energy billing arrange- (1) Weighs one ounce or less; or
ments for expired kilowatt-hour credits in accor-
dance with section 3209-A, subsection 8. (2) Measures 2 1/2 inches or less in length.
Sec. 3. Appropriations and allocations. The 2. Sale of lead sinker or, bare lead jig or painted
following appropriations and allocations are made. lead jig. This subsection governs the sale of lead sink-
ers and, bare lead jigs and painted lead jigs.
PUBLIC UTILITIES COMMISSION
A. A person may not:
PUC - Unused NEB Credits for Low-Income
Assistance N452 (1) Sell a lead sinker; or
Initiative: Provides allocation to establish a new pro- (2) Beginning September 1, 2016, sell a bare
gram to use net energy billing credits for low-income lead jig.; or
assistance. (3) Beginning September 1, 2024, sell a
OTHER SPECIAL 2023-24 2024-25 painted lead jig.
REVENUE FUNDS
430
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 233
B. A person who violates this subsection commits (1) Use a lead sinker; or
a civil violation for which a fine of not less than
$100 nor more than $500 may be adjudged. (2) Beginning September 1, 2017, use a bare
lead jig.; or
C. A person who violates this subsection after hav-
(3) Beginning September 1, 2026, use a
ing been adjudicated as having committed 3 or painted lead jig.
more civil violations under this Part within the pre-
vious 5-year period commits a Class E crime. B. A person who violates this subsection commits
3. Offer lead sinker or, bare lead jig or painted a civil violation for which a fine of not less than
$100 nor more than $500 may be adjudged.
lead jig for sale. This subsection governs offering lead
sinkers and, bare lead jigs and painted lead jigs for sale. C. A person who violates this subsection after hav-
ing been adjudicated as having committed 3 or
A. A person may not:
more civil violations under this Part within the pre-
(1) Offer for sale a lead sinker; or vious 5-year period commits a Class E crime.
(2) Beginning September 1, 2016, offer for See title page for effective date.
sale a bare lead jig.; or
(3) Beginning September 1, 2024, offer for CHAPTER 232
sale a painted lead jig.
H.P. 815 - L.D. 1267
B. A person who violates this subsection commits
a civil violation for which a fine of not less than An Act to Provide Alternative
$100 nor more than $500 may be adjudged. Methods of Payment to Health
C. A person who violates this subsection after hav- Care Providers
ing been adjudicated as having committed 3 or
more civil violations under this Part within the pre- Be it enacted by the People of the State of Maine
vious 5-year period commits a Class E crime. as follows:
Sec. 2. 12 MRSA §12664, as enacted by PL Sec. 1. 24-A MRSA §2436, sub-§1-A, as en-
2013, c. 372, §3, is amended to read: acted by PL 2005, c. 58, §1, is amended to read:
§12664. Unlawful use of lead sinkers and, bare lead 1-A. A claimant, including a health care provider,
jigs and painted lead jigs may submit simultaneously a claim for payment with all
carriers potentially liable for payment of the claim
1. Definitions. As used in this section, unless the whether primary or secondary. Payment or denial of a
context otherwise indicates, the following terms have claim by each carrier must be made within 30 calendar
the following meanings. days after the carrier has received all information
A. "Bare lead jig" means an unpainted lead jig that needed to pay or deny the claim whether or not another
contains lead and that: carrier with which it is attempting to coordinate has
acted on the claim. Upon request by a health care pro-
(1) Weighs one ounce or less; or vider, a carrier shall provide the health care provider a
(2) Measures 2 1/2 inches or less in length. method for making a claims payment using an elec-
tronic funds transfer through the automated clearing-
B. "Lead sinker" means a device that contains lead house network. Any payment made must be in accor-
that is designed to be attached to a fishing line and dance with rules adopted by the superintendent relative
intended to sink the line and that: to coordination of benefits.
(1) Weighs one ounce or less; or See title page for effective date.
(2) Measures 2 1/2 inches or less in length.
"Lead sinker" does not include artificial lures, CHAPTER 233
weighted line, weighted flies or jig heads. H.P. 882 - L.D. 1368
C. "Painted lead jig" means a painted lead jig that
contains lead and that: An Act to Ensure Fairness in
Unemployment Benefits by
(1) Weighs one ounce or less; or
Clarifying Laws Regarding
(2) Measures 2 1/2 inches or less in length. Labor Organizations
2. Unlawful use. This subsection governs the use Be it enacted by the People of the State of Maine
of lead sinkers and, bare lead jigs and painted lead jigs. as follows:
A. A person may not:
431
PUBLIC LAW, C. 234 FIRST SPECIAL SESSION - 2023
432
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 235
category, energy emissions and consumption and an criminal justice or the administration of civil jus-
economic analysis of greenhouse gas emissions per unit tice by the Department of the Attorney General or
of economic activity; an evaluation of net annual green- a district attorney's office;
house gas emissions, including the State's carbon C. A person accused of a crime or that person's
budget, forest carbon markets and a time series analysis
of net greenhouse gas emissions; and an evaluation of agent or attorney for trial and sentencing purposes
if authorized by:
sector-specific progress made toward meeting the re-
ductions specified in section 576-A. The department, in (1) The responsible prosecutorial office or
consultation with the council, may recommend other prosecutor; or
metrics to share the progress on climate mitigation and (2) A court rule, court order or court decision
adaptation strategies with the Legislature and the pub-
lic. The joint standing committee of the Legislature of this State or of the United States.
having jurisdiction over natural resources matters is As used in this subsection, "agent" means a li-
authorized to report out legislation relating to the report censed professional investigator, an expert witness
required under this section, and the joint standing com- or a parent, foster parent or guardian if the accused
mittee of the Legislature having jurisdiction over utili- person has not attained 18 years of age;
ties and energy matters may make recommendations to
the joint standing committee of the Legislature having D. A federal court, the District Court, Superior
Court or Supreme Judicial Court or an equivalent
jurisdiction over natural resources matters regarding court in another state;
that legislation.
E. A person or public or private entity expressly
See title page for effective date.
authorized to receive the intelligence and investi-
gative record information by statute, executive or-
CHAPTER 235 der, court rule, court decision or court order. "Ex-
press authorization" means language in the statute,
H.P. 934 - L.D. 1438 executive order, court rule, court decision or court
order that specifically speaks of intelligence and in-
An Act to Require Standard vestigative record information or specifically refers
Procedures to Protect Stalking to a type of intelligence or investigative record; or
Victims and Access to Certain F. The Secretary of State for use in the determina-
Criminal Complaints tion and issuance of a driver's license suspension.
Be it enacted by the People of the State of Maine 2. Record of complaint. On request to a Maine
as follows: criminal justice agency under the Freedom of Access
Sec. 1. 16 MRSA §804, first ¶, as amended by Act, a person is entitled to receive one copy of a com-
PL 2013, c. 507, §4, is further amended to read: plaint made by that person. The criminal justice agency
may not charge a fee for a copy of a complaint provided
Except as provided in sections 805 805-A and 806, under this subsection.
a record that is or contains intelligence and investigative
record information is confidential and may not be dis- Sec. 4. 16 MRSA §806, sub-§2, as amended by
seminated by a Maine criminal justice agency to any PL 2013, c. 507, §7, is further amended to read:
person or public or private entity if there is a reasonable 2. A crime victim or that victim's agent or at-
possibility that public release or inspection of the record torney. A crime victim or that victim's agent or attor-
would: ney. A Maine criminal justice agency that provides a
Sec. 2. 16 MRSA §805, as amended by PL copy of intelligence and investigative record infor-
2013, c. 507, §5, is repealed. mation under this subsection to the crime victim or that
victim's agent or attorney may not charge a fee for
Sec. 3. 16 MRSA §805-A is enacted to read: providing that information. As used in this subsection,
§805-A. Exceptions "agent" means a licensed professional investigator, an
insurer or an immediate family member, foster parent
1. Dissemination of certain information. This or guardian if due to death, age or physical or mental
chapter does not preclude dissemination of intelligence disease, disorder or defect the victim cannot realisti-
and investigative record information that is confidential cally act on the victim's own behalf; or
under section 804 by a Maine criminal justice agency
to: Sec. 5. 19-A MRSA §4116, sub-§2, ¶A, as
enacted by PL 2021, c. 647, Pt. A, §3 and affected by
A. Another criminal justice agency; Pt. B, §65, is amended to read:
B. A person or public or private entity as part of A. The incident report from a law enforcement
the criminal justice agency's administration of agency submitted to the attorney for the State that
433
PUBLIC LAW, C. 236 FIRST SPECIAL SESSION - 2023
434
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 238
amended by c. 657, Pt. W, §5, is further amended by intersection, using a multidisciplinary team of person-
enacting at the end a new last blocked paragraph to read: nel, that estimates potential road safety issues and iden-
tifies opportunities for improvements. The department
The Department of Transportation shall adopt rules, to
the extent possible, to ensure that all persons are safe on shall provide a full report of the results of the evaluation
to the municipality.
public ways, including bicyclists, pedestrians, persons
of all ages and abilities, transit users and motor vehicle Sec. 4. Report. The Department of Transporta-
users, and that all persons have safe and efficient access tion shall evaluate how speed limits are set and develop
to the transportation system. Rules adopted pursuant to recommendations for changes to state, county and mu-
this paragraph are routine technical rules as defined in nicipal street design standards, state laws and municipal
Title 5, chapter 375, subchapter 2‑A. ordinances to achieve the goal of eliminating all traffic
Sec. 2. 23 MRSA §73, sub-§7, as amended by fatalities and serious injuries by 2035. By January 3,
2024, the department shall report its findings and rec-
PL 2021, c. 239, §1, is further amended to read: ommendations, including any suggested legislation, to
7. Priorities, service levels, asset management the Joint Standing Committee on Transportation. The
goals and reporting. The Department of Transporta- committee may report out a bill related to the report to
tion shall classify the State's public highways as Priority the Second Regular Session of the 131st Legislature.
1 to Priority 5 using factors such as safety metrics, crash Sec. 5. Rulemaking. In its initial adopting of
data, the federal functional classification system, re-
gional economic significance, heavy haul truck use and rules to implement the Maine Revised Statutes, Title 23,
section 73, subsection 4, the Department of Transporta-
relative regional traffic volumes. The department shall tion shall incorporate, as applicable, the department's
also establish customer service levels related to safety,
condition and serviceability appropriate to the priority Complete Streets Policy completed in 2014 and revised
in June 2019 and all policy documents and standard
of the highway, resulting in a system that grades each practices related to the following community-based in-
highway as Good, Fair or Poor.
itiatives: the Municipal Partnership Initiative, the Vil-
To provide a capital transportation program that is geo- lage Partnership Initiative, the Business Partnership In-
graphically balanced and that addresses urban and rural itiative and the Planning Partnership Initiative.
needs and meets customer expectations and transporta- See title page for effective date.
tion system needs, the department shall include the fol-
lowing goals as part of its asset management and work
plan preparation. The goals are to: CHAPTER 238
A-1. Maintain Priority 1 highways in accordance H.P. 1132 - L.D. 1768
with the department's federally required transporta-
tion asset management plan and the department's An Act to Clarify the
customer service measures so that no more than MaineCare Rate
15% of the highways are rated as Poor; Determination Requirements
B-1. Maintain Priority 2 and Priority 3 highways
so that no more than 15% of the highways are rated Be it enacted by the People of the State of Maine
as Poor; and as follows:
D. Continue the light capital paving program on a Sec. 1. 22 MRSA §3173-J, sub-§2, ¶C, as en-
7-year cycle for Priority 4 highways outside com- acted by PL 2021, c. 639, §2, is amended to read:
pact areas as defined in section 754. C. Conduct No less frequently than once every 5
The department shall report to the joint standing com- years, conduct a rate determination process for any
mittee of the Legislature having jurisdiction over trans- contemplated change in reimbursement amount or
portation matters by March 1st of each odd-numbered model for a each MaineCare section of policy or for
year quantifying the status of each of the goals. The a specific covered service, in accordance with the
department shall recommend any remedial actions, in- following procedures:
cluding additional funding or revisions to the goals, that (1) Provide public notice of initiation of the
the department determines to be necessary or appropri- rate determination for a MaineCare section of
ate. policy or for a specific covered service;
Sec. 3. 29-A MRSA §2073, sub-§5 is enacted (2) Consider and, when appropriate, adopt al-
to read: ternative payment models that use financial in-
5. Roadway and intersection safety evaluation. centives to promote or leverage greater value
At the request of a municipality, the department shall for the MaineCare program. This considera-
perform a safety evaluation of an existing roadway or tion must include a review of research on any
available national models or best practices re-
garding payment models for the service;
435
PUBLIC LAW, C. 239 FIRST SPECIAL SESSION - 2023
(3) Determine whether a Medicare rate is (iii) The findings for related services
available for the service and whether the Med- of any comprehensive benchmarking
icare rate represents the most appropriate report under paragraph B; and
benchmark and payment model; (iv) The degree to which services are
(4) In the absence of a Medicare rate, deter- dependent on MaineCare reimburse-
mine whether a rate from a non-Medicare ment, including, but not limited to,
payer source, including, but not limited to, cost factors, such as average wage,
commercial health care rates in the State or that may be reflective of restraints of
other states' Medicaid rates, is available for the MaineCare reimbursement versus
service and whether this alternate payer rate costs of the broader marketplace; and
represents the most appropriate benchmark (6) Upon completion of the rate determination
and payment model. The department shall de-
termine an appropriate percentage of the process, present the department's rationale and
recommendations for rate methodology, re-
benchmark rate for the service, taking into sulting base rate amount and payment model
consideration the findings of the benchmark-
ing report conducted in accordance with para- for public comment prior to the rule-making
process; convene a meeting of interested pro-
graph B; viders and other interested members of the
(5) Conduct a rate study for every service for public to discuss the recommendations and
which a benchmark rate or payment model in hear comments; and respond in writing to
accordance with subparagraph (3) or (4) either comments with an explanation of whether and
is unavailable or is inconsistent with the goals how feedback was incorporated into the final
of efficiency, economy and quality of care to rate determination; and
support member access. Each rate study must
See title page for effective date.
include the following:
(a) A review of data, which must include:
CHAPTER 239
(i) An assessment as to whether the
delivery of service and associated re- H.P. 1204 - L.D. 1879
quirements have changed since the
previous rate study, if available, to An Act to Align Laws
determine if the rate methodology Governing Crossbow Hunting
needs to be revised; with Those Governing Archery
(ii) The collection of data on pro- Hunting
vider costs and cost-related aspects of Be it enacted by the People of the State of Maine
the delivery of service and associated as follows:
requirements through existing cost
reports, provider surveys and other Sec. 1. 12 MRSA §1801, sub-§1-A is enacted
available data sources; and to read:
(iii) Research on any available na- 1-A. Archery equipment. "Archery equipment"
tional models or best practices re- has the same meaning as in section 10001, subsection
garding cost-related aspects of the de- 3-B.
livery of service and associated re- Sec. 2. 12 MRSA §1806, sub-§4, ¶F, as en-
quirements; and acted by PL 2001, c. 604, §6, is amended to read:
(b) Developing or updating rates by con- F. Discharges any firearm, bow and arrow archery
sidering the following: equipment, weapon powered by carbon dioxide
(i) The appropriateness of adoption cartridges or other weapon within 300 feet of any
of a change in payment model con- picnic area, designated camping area, parking area,
sistent with the purposes of this sec- building, shelter or boat launching site or in viola-
tion; tion of park rules or in areas closed to hunting by
rule, law or ordinance;
(ii) The current rate assumptions and
their appropriateness given current Sec. 3. 12 MRSA §10001, sub-§3-B is enacted
provider costs, best practices or to read:
changes in the delivery of service and 3-B. Archery equipment. "Archery equipment"
associated requirements; means a bow or crossbow.
436
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 239
Sec. 4. 12 MRSA §10001, sub-§28-A, as en- magazine or cylinder of a firearm may not be con-
acted by PL 2019, c. 325, §1, is amended to read: sidered a piece of the hunting equipment. Bows
and arrows Archery equipment must be kept in a
28-A. Hand-held bow or bow. "Hand-held bow"
or "bow" means a device for propelling an arrow by case or cover if broadheads or field points are kept
attached to the arrows or bolts.
means of vertical limbs and a string that is hand held,
hand drawn and held in a drawn position by hand or a Sec. 9. 12 MRSA §10502, sub-§2, ¶B, as
hand-held mechanical release. "Hand-held bow" or amended by PL 2013, c. 538, §1, is further amended to
"bow" includes a compound bow, a recurve bow and a read:
long bow.
B. A firearm or archery equipment, including
Sec. 5. 12 MRSA §10001, sub-§33, ¶B, as en- crossbows, seized in connection with a violation of:
acted by PL 2003, c. 414, Pt. A, §2 and affected by c.
(1) Section 11206;
614, §9, is amended to read:
(2) Section 10902, subsection 6;
B. Archery equipment that is permitted under the
hunting laws governing archery, including, but not (3) Section 10752, subsection 6, paragraph B
limited to, recurved bows and compound bows. and section 10902, subsection 4, paragraphs A
Sec. 6. 12 MRSA §10108, sub-§6, as enacted and B; or
by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, (4) Section 10906;
is amended to read:
Sec. 10. 12 MRSA §10657, sub-§3, as enacted
6. Archery hunting education program. The by PL 2007, c. 334, §1, is amended to read:
commissioner shall establish a program for training in-
3. Definition. For the purposes of this section,
dividuals in safe and responsible archery hunting skills "projectile" means a bullet, pellet, shot, shell, ball, ar-
and behavior. This program includes instruction in on
all types of archery equipment, fisheries and wildlife row, bolt or other object propelled or launched from a
firearm or a bow, crossbow archery equipment or simi-
laws, rights of landowners and hunters and appropriate lar tensile device.
principles of wildlife management. The commissioner
may charge an enrollment fee of up to $10 per person to Sec. 11. 12 MRSA §10851, sub-§1, ¶D, as
help defray the costs of this program. The commis- amended by PL 2019, c. 325, §2, is further amended to
sioner may cooperate with any public or private associ- read:
ation dedicated to responsible and safe archery hunting
D. For a resident 70 years of age or older. For a
to establish this program. person who holds a valid senior lifetime license un-
In establishing the program, the commissioner shall: der this section at any time during the calendar year
that person turns 70 years of age, that lifetime li-
A. Prescribe the qualifications of instructors; cense includes all hunting permits and licenses
B. Provide liability insurance for each instructor authorized in this Part and may renew at no cost a
authorized by the commissioner to conduct training guide license under section 12853. A license
under the program protecting that person from lia- holder under this paragraph who qualifies to hunt
bility for damages during the time when instruction during the special season on deer under section
is being given. The cost of this insurance must be 11153 and who meets the eligibility requirements
borne by the State and charged against funds cred- of section 11106 and section 11162 must have in-
ited to the department; cluded in that person's license one antlerless deer
permit and one either-sex permit. A person who is
C. Prescribe the type and length of instruction and 70 years of age or older may purchase a senior life-
the time and place of examinations; and
time license that entitles the holder to all the privi-
D. Issue a certificate of competency to individuals leges described in this paragraph for a one-time $8
who successfully complete the examination. fee.
Sec. 7. 12 MRSA §10108, sub-§6-A, as en- Sec. 12. 12 MRSA §10952, as amended by PL
acted by PL 2005, c. 419, §1 and affected by §12, is 2019, c. 637, §1, is further amended to read:
repealed.
§10952. Open seasons for hunting with bow and ar-
Sec. 8. 12 MRSA §10501, sub-§9, ¶C, as en- row and crossbow archery equipment
acted by PL 2003, c. 414, Pt. A, §2 and affected by c.
1. Hunting with a bow and arrow or a crossbow
614, §9, is amended to read: archery equipment. A person may, except Except as
C. The hunting equipment is carried in at least 2 otherwise provided in this Part, section 11404, a person
separate pieces in such a manner that it can not can- may hunt any wild bird or wild animal with a hand-held
not be fired, unless the separate pieces are joined bow and arrow archery equipment during any open sea-
together. For the purpose of this subsection, a clip, son on that bird or animal if the person holds a valid
437
PUBLIC LAW, C. 239 FIRST SPECIAL SESSION - 2023
archery hunting license and may, except as otherwise A. A person who is an enrolled member of the Pas-
provided in this Part, hunt any wild bird or wild animal samaquoddy Tribe, the Penobscot Nation, the
with a crossbow during any open season on that bird or Houlton Band of Maliseet Indians or the Aroostook
animal if the person holds a valid archery license or any Band of Micmacs Mi'kmaq Nation who presents
hunting license that is not a junior hunting license or an certification from the respective reservation gover-
apprenticeship hunter license and a valid crossbow per- nor or the Aroostook Micmac Mi'kmaq Nation
mit. Tribal Council stating that the person is an enrolled
member of a federally recognized nation, band or
Sec. 13. 12 MRSA §10953, as amended by PL tribe listed in this paragraph is exempt from the re-
2021, c. 599, §§3 to 7, is repealed.
quirements of this subsection.
Sec. 14. 12 MRSA §11106, sub-§1, as Sec. 16. 12 MRSA §11108, sub-§1, as re-
amended by PL 2015, c. 281, Pt. D, §1 and c. 301, §10,
pealed and replaced by PL 2015, c. 494, Pt. A, §6, is
is further amended to read: amended to read:
1. Age requirement. A person is eligible to obtain 1. On certain land. Notwithstanding section
an archery hunting license as provided in this section.
11109, subsection 1 as it applies to this subchapter, and
A. A resident or nonresident 16 years of age or subject to all other applicable laws and rules, a resident
older who has satisfied the requirements of subsec- and a member of the resident's immediate family, as
tion 2 or holds an apprenticeship hunter license, or long as the hunter's license to hunt is not under suspen-
who is exempt under subsection 3, may obtain an sion or revocation, may hunt without a license, includ-
archery hunting license to hunt with bow and arrow ing, but not limited to, an archery hunting license, a
archery equipment in accordance with section crossbow permit and a muzzle-loading permit, on a sin-
10952 from the commissioner or the commission- gle plot of land:
er's authorized agent.
A. To which they are legally entitled to possession;
B. A resident or nonresident under 16 years of age
B. On which they are actually domiciled;
may hunt with bow and arrow archery equipment if
that person holds a valid junior hunting license. C. That is used exclusively for agricultural pur-
poses; and
Beginning January 1, 2016, for those persons who ob-
tain a junior hunting license and turn 16 years of age D. That is in excess of 10 acres.
during the same calendar year, the archery hunting li- Sec. 17. 12 MRSA §11109, sub-§8, as
cense is included even after the person has turned 16
years of age as long as that person is hunting on that amended by PL 2015, c. 281, Pt. E, §5, is repealed.
person's valid junior hunting license and not longer than Sec. 18. 12 MRSA §11109, sub-§9, as
the remainder of the calendar year for which the license amended by PL 2017, c. 427, §9 and affected by §19, is
is issued. repealed.
Sec. 15. 12 MRSA §11106, sub-§2, as re- Sec. 19. 12 MRSA §11162, as amended by PL
pealed and replaced by PL 2013, c. 588, Pt. A, §12, is 2019, c. 637, §§4 to 8, is repealed.
amended to read:
Sec. 20. 12 MRSA §11208, as amended by PL
2. Archery hunter education requirements. Ex- 2013, c. 538, §25, is further amended to read:
cept as provided in paragraph A and subsection 3, a per-
§11208. Unlawful shooting or discharge of firearm,
son who applies for an archery hunting license other bow and arrow or crossbow or archery
than a junior hunting license or an apprenticeship hunter
license must submit proof of having successfully com- equipment
pleted an archery hunter education course as described 1. Shooting or discharge of firearm, bow and
in section 10108 or an equivalent archery hunter educa- arrow or crossbow or archery equipment over or
tion course or satisfactory evidence of having previ- near public paved way. A person may not:
ously held a valid adult archery hunting license issued A. Shoot at any wild animal or wild bird from any
specifically for the purpose of hunting with bow and ar-
row in this State or any other state, province or country public paved way or within 10 feet of the edge of
the pavement of the public paved way or from
in any year after 1979 or satisfactory evidence of previ- within the right-of-way of any controlled access
ously holding a crossbow permit issued in this State as
of December 31, 2023. highway;
When proof or evidence cannot be otherwise provided, B. Discharge any firearm, bow and arrow or cross-
bow archery equipment over a public paved way;
the applicant may substitute a signed affidavit that the or
applicant has previously held the required adult archery
hunting license or has successfully completed the re-
quired archery hunter education course.
438
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 239
C. Possess any wild animal or wild bird taken in For purposes of this section, "building" means any res-
violation of paragraph A or B, except as otherwise idential, commercial, retail, educational, religious or
provided in this Part. farm structure that is designed to be occupied by people
This subsection does not prohibit a person who has a or domesticated animals or is being used to shelter ma-
chines or harvested crops.
valid permit to carry a concealed weapon from pos-
sessing that weapon on or near a public paved way as For purposes of this section, "projectile" means a bullet,
long as it is not used for shooting at wild animals or wild pellet, shot, shell, ball, bolt or other object propelled or
birds or discharged in violation of this subsection. launched from a firearm or crossbow.
2. Penalty. A person who violates subsection 1 2. Penalty. A person who violates subsection 1
commits a Class E crime. commits a Class E crime.
Sec. 21. 12 MRSA §11209, as amended by PL 3. Target practice; crossbow. Unless otherwise
2021, c. 74, §§1 and 2, is further amended to read: prohibited, a landowner or the landowner's invitee may
§11209. Discharge of firearm, crossbow or bow and discharge a crossbow for recreational target practice
purposes on the landowner's property within 100 yards
arrow archery equipment near dwelling or of a building or residential dwelling without the permis-
building
sion of the owner of that building or dwelling. Nothing
1. Prohibition. A person may not: in this subsection authorizes a landowner or the land-
owner's invitee to cause a projectile discharged from a
A. Unless a relevant municipal ordinance provides
otherwise and except as provided in subsections 3 crossbow to enter property owned by another person.
and subsection 4 and sections 12401 and 12402, 4. Sport shooting ranges. Unless otherwise pro-
discharge a firearm, including a muzzle-loading hibited, a person may discharge a firearm on a sport
firearm, or crossbow or cause a projectile to pass as shooting range as defined in Title 30‑A, section 3011,
a result of that discharge within 100 yards of a subsection 1 that is within 100 yards of a building if the
building or residential dwelling without the permis- sport shooting range was established and in regular op-
sion of the owner or, in the owner's absence, of an eration prior to the erection of the building.
adult occupant of that building or dwelling autho- Sec. 22. 12 MRSA §11212-A, as amended by
rized to act on behalf of the owner;
PL 2019, c. 325, §4, is further amended by amending
A-1. Except as provided in sections 12401 and the section headnote to read:
12402:
§11212-A. Having a loaded firearm or crossbow in
(1) Discharge an arrow from a bow and arrow a motor vehicle or hunting or shooting from
or a bolt from archery equipment when on land a motor vehicle or motorboat with a firearm
of another person and within 100 yards of a or archery equipment
building or residential dwelling on that land
without the permission of the owner of that
Sec. 23. 12 MRSA §11212-A, sub-§3, ¶B, as
enacted by PL 2017, c. 176, §2, is amended to read:
building or residential dwelling or, in the own-
er's absence, of an adult occupant of that build- B. While hunting, a person who is on but not
ing or dwelling authorized to act on behalf of within an enclosed area or passenger compartment
the owner; or of an all-terrain vehicle or snowmobile may shoot
a firearm or crossbow archery equipment or rest a
(2) Cause an arrow from a bow and arrow or
a bolt from archery equipment to pass across loaded firearm or crossbow archery equipment that
is under the person's control on the all-terrain vehi-
the land of another person and within 100 cle or snowmobile to shoot only when the all-
yards of a building or residential dwelling on
that land without the permission of the owner terrain vehicle or snowmobile is not in motion and
the engine of the all-terrain vehicle or snowmobile
of that building or residential dwelling or, in is not running.
the owner's absence, of an adult occupant of
that building or dwelling authorized to act on Sec. 24. 12 MRSA §11212-A, sub-§3, ¶C, as
behalf of the owner; or enacted by PL 2017, c. 176, §2, is amended to read:
B. Possess a wild animal or wild bird taken in vio- C. While target shooting and not hunting, a person
lation of this subsection, except as otherwise pro- who is on but not within an enclosed area or pas-
vided in this Part. senger compartment of a vehicle may shoot a fire-
This subsection may not be construed to prohibit a per- arm or crossbow archery equipment or rest a loaded
firearm or crossbow archery equipment that is un-
son from killing or taking a wild animal in accordance der the person's control on the vehicle to shoot only
with sections 12401 and 12402.
when the vehicle is not in motion and the engine of
the vehicle is not running.
439
PUBLIC LAW, C. 239 FIRST SPECIAL SESSION - 2023
Sec. 25. 12 MRSA §11213-A, sub-§2, as A crossbow arrow that has an explosive or poison-
amended by PL 2005, c. 94, §1, is further amended to ous tip may not be used.
read:
The crossbow may be equipped with a scope or
2. Shoot within area of another person's decoys. sight.
A person may not with a firearm, a bow and arrow or a Sec. 30. 12 MRSA §11223, sub-§1, as
crossbow or archery equipment shoot within an area en-
compassed by a set of another person's migratory wa- amended by PL 2005, c. 477, §11, is further amended
to read:
terfowl or wild turkey decoys, including the area 50
yards away from the outer perimeter of the set of de- 1. Duty. A person who knows or has reason to
coys. know that that person has inflicted injury or may have
A. A person who violates this subsection commits inflicted injury on another person by the use of a fire-
arm, bow and arrow or crossbow or archery equipment
a civil violation for which a fine of not less than shall:
$100 nor more than $500 may be adjudged.
A. Make that person known to the victim;
B. A person who violates this subsection after hav-
ing been adjudicated as having committed 3 or B. Render first aid and assistance as that person is
more civil violations under this Part within the pre- capable of rendering under the circumstances; and
vious 5-year period commits a Class E crime.
C. Give notice of the event by the quickest means
Sec. 26. 12 MRSA §11214, sub-§1, ¶N, as to a game warden or, in the event that a game war-
amended by PL 2015, c. 301, §16, is further amended den can not cannot be contacted, to the law enforce-
to read: ment officer nearest the place where the event oc-
curred.
N. Hunt a wild animal or wild bird by any method
other than by the usual method of shooting with a Sec. 31. 12 MRSA §11402, sub-§3, ¶G, as
firearm not larger than number 10-gauge, shooting enacted by PL 2003, c. 414, Pt. A, §2 and affected by c.
with a hand-held bow and arrow or shooting with a 614, §9, is amended to read:
crossbow archery equipment or by falconry;
G. The whole of Cranberry Isles in Hancock
Sec. 27. 12 MRSA §11214, sub-§1, ¶O, as County, except that a person may hunt deer in the
amended by PL 2015, c. 301, §16, is further amended Cranberry Isles with a shotgun or archery equip-
to read: ment bow in accordance with applicable laws and
rules; and
O. Possess a wild animal or wild bird taken in vi-
olation of this section, except as otherwise pro- Sec. 32. 12 MRSA §11403, as amended by PL
vided in this Part; or 2021, c. 599, §12, is further amended to read:
Sec. 28. 12 MRSA §11214, sub-§1, ¶P, as en- §11403. Regular archery-only deer hunting season
acted by PL 2015, c. 301, §17, is amended by amending 2. Open archery season on deer. The commis-
subparagraph (3) to read:
sioner shall by rule establish a regular archery season
(3) The arrowhead, including mechanical beginning at least 30 days prior and extending to the be-
broadheads when open, is at least 7/8 inch in ginning of the regular deer hunting season, as described
width.; or in section 11401, subsection 1, paragraph A, for the pur-
pose of hunting deer with bow and arrow or crossbow
Sec. 29. 12 MRSA §11214, sub-§1, ¶Q is en- archery equipment. During the regular archery season
acted to read:
on deer the following restrictions apply.
Q. Use a crossbow to hunt unless:
A. A person may not take a deer during a regular
(1) The crossbow has a shoulder-type stock. archery season unless that person uses a hand-held
A hand-held pistol-type crossbow may not be bow and broadhead arrow in accordance with sec-
used; tion 11214, subsection 1, paragraph P or a cross-
bow in accordance with section 10953, subsection
(2) The draw weight of the crossbow is 100 3 11214, subsection 1, paragraph Q.
pounds or more;
B. A person may not carry firearms of any kind
(3) For hunting deer, bear and moose, the ar-
rowhead, including a mechanical broadhead while hunting any species of wildlife with bow and
arrow or crossbow archery equipment during the
when open, is at least 7/8 inch in width; and regular archery season on deer. This paragraph
(4) The crossbow is equipped with a mechan- may not be construed to prohibit a person from car-
ical trigger safety device in working condition. rying a concealed weapon in accordance with Title
25, section 2001‑A.
440
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 241
441
PUBLIC LAW, C. 241 FIRST SPECIAL SESSION - 2023
F. "Employer" means a person or licensed, certi- I. Personal care attendants or personal support spe-
fied or registered provider or other entity that em- cialists;
ploys direct access workers, including certified
J. Registered medical assistants;
nursing assistants and direct care workers, to pro-
vide direct contact services in home, community or K. Residential care specialists;
other health care or direct access settings. An indi-
L. Community health workers; and
vidual who employs an unlicensed person to pro-
vide care for that individual is not an employer for M. Other direct care workers described in rules
the purposes of this section, except when required adopted by the department pursuant to subsection
by rules adopted by the department. 18.
Sec. 3. 22 MRSA §1812-G, sub-§1-B, ¶J, as Sec. 7. 22 MRSA §1812-G, sub-§2-C, as en-
enacted by PL 2015, c. 196, §9, is amended to read: acted by PL 2015, c. 196, §9, is amended to read:
J. "Nondisqualifying criminal conviction" means a 2-C. Registry notations. The registry must in-
criminal conviction identified in rules adopted by clude for a certified nursing assistant and direct care
the department pursuant to subsection 18 that is in- worker listed on the registry a notation of:
cluded as a notation on the registry but does not
prohibit employment as a certified nursing assistant A. Disqualifying criminal convictions;
or a direct care worker. B. Nondisqualifying criminal convictions, except
that a notation is not required on the registry for
Sec. 4. 22 MRSA §1812-G, sub-§1-B, ¶K, as Class D and Class E criminal convictions over 10
enacted by PL 2015, c. 196, §9, is repealed.
years old that did not involve as a victim of the act
Sec. 5. 22 MRSA §1812-G, sub-§1-B, ¶L, as a patient, client or resident; and
enacted by PL 2015, c. 196, §9, is amended to read:
C. Substantiated findings, including but not lim-
L. "Registry" means the Maine Registry of Certi- ited to the following information:
fied Nursing Assistants and Direct Care Workers (1) Documentation of an investigation of a
established in subsection 1, which identifies indi-
viduals qualified and eligible for employment as a certified nursing assistant or a direct care
worker, including the nature of the allegation
certified nursing assistant or a registered direct care and evidence supporting a determination that
worker and individuals who are not eligible for em-
ployment as a certified nursing assistant or direct substantiates the allegation of abuse, neglect or
misappropriation of property of a client, pa-
care worker due to notations for disqualifying of- tient or resident;
fenses.
(2) Documentation of substantiated findings
Sec. 6. 22 MRSA §1812-G, sub-§2-A, as en- of abuse, neglect or misappropriation of prop-
acted by PL 2015, c. 196, §9, is amended to read:
erty of a client, patient or resident;
2-A. Registry listing. All active certified nursing
(3) If the certified nursing assistant or direct
assistants employed in the State must be listed on the care worker appealed the substantiated find-
registry. The registry must contain a listing of certified
nursing assistants and direct care workers that are inel- ing, the date of the hearing; and
igible for employment based on notations for disquali- (4) The statement of the certified nursing as-
fying offenses. Direct care workers registered for train- sistant or direct care worker disputing the alle-
ing, education or compliance purposes may apply for gation of abuse, neglect or misappropriation of
registration and listing on the registry. Direct care property of a client, patient or resident if the
workers who may be listed on the registry include but certified nursing assistant or direct care worker
are not limited to the following: submitted such a statement; and.
A. Behavior specialists; D. Petitions filed by a certified nursing assistant or
B. Behavioral health professionals; direct care worker for removal of an employment
ban issued by the department that was based on a
C. Certified residential care aides; criminal conviction and the department’s review
D. Certified residential medication aides; and determination.
E. Direct support professionals; Sec. 8. 22 MRSA §1812-G, sub-§3-A, as en-
acted by PL 2015, c. 196, §9, is repealed and the fol-
F. Mental health rehabilitation technicians; lowing enacted in its place:
G. Mental health support specialists;
H. Other qualified mental health professionals;
442
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 241
3-A. Listing on the registry; direct care worker. tered direct care worker. Provider verification fees col-
The department shall adopt routine technical rules re- lected by the department must be placed in a special rev-
garding listing direct care workers on the registry, in- enue account to be used by the department to operate
cluding but not limited to the following: the registry, including but not limited to the cost of
criminal history record checks. The department may
A. Direct care workers with disqualifying offenses adopt rules necessary to implement this subsection.
must be listed on the registry; and
Rules adopted pursuant to this subsection are routine
B. The notation for direct care workers listed on the technical rules as defined in Title 5, chapter 375, sub-
registry for substantiated findings must include the chapter 2‑A.
following information: Sec. 12. 22 MRSA §1812-G, sub-§5-A, as en-
(1) Documentation of an investigation of a di- acted by PL 2015, c. 196, §9, is amended to read:
rect care worker, including the nature of the al-
legation and evidence supporting a determina- 5-A. Employment eligibility verification; direct
care access worker. An employer, including a health
tion that substantiates the allegation of abuse, care institution, facility or other organization that em-
neglect or misappropriation of property of a
client, patient or resident; ploys an individual as a direct care access worker, shall
verify that the direct care access worker, if listed on the
(2) Documentation of substantiated findings of registry, has no disqualifying notations and has com-
abuse, neglect or misappropriation of property plied with the training or education requirements for
of a client, patient or resident; registration, if applicable offenses.
(3) If the direct care worker appealed the sub- Sec. 13. 22 MRSA §1812-G, sub-§6, as re-
stantiated finding, the date of the hearing; and pealed and replaced by PL 2015, c. 494, Pt. A, §16, is
(4) The statement of the direct care worker dis- amended to read:
puting the allegation of abuse, neglect or mis- 6. Prohibited employment based on disqualify-
appropriation of property of a client, patient or ing offenses. An individual with a disqualifying of-
resident if the direct care worker submitted fense, including a substantiated complaint or a disqual-
such a statement. ifying criminal conviction, may not work as a certified
nursing assistant or a direct care access worker, and an
Sec. 9. 22 MRSA §1812-G, sub-§3-B is en- employer is subject to penalties for employing a dis-
acted to read:
qualified or otherwise ineligible person in accordance
3-B. Petition for removal of a substantiated with applicable federal or state laws.
finding of neglect or misappropriation of property.
No sooner than 12 months after the date a substantiated
Sec. 14. 22 MRSA §1812-G, sub-§6-A, as
amended by PL 2015, c. 494, Pt. A, §§17 and 18, is fur-
finding of neglect or misappropriation of property is
placed on the registry, a direct care worker may petition ther amended to read:
the department to remove the notation from the registry 6-A. Background check. Certified nursing assis-
if the substantiated complaint is a one-time occurrence tants and direct care workers are subject to a back-
and there is no pattern of neglect or misappropriation of ground check as defined by rules adopted by the depart-
property. ment pursuant to chapter 1691 and according to the fol-
lowing:
Sec. 10. 22 MRSA §1812-G, sub-§4, as
amended by PL 2015, c. 196, §9, is further amended to A. A training program for certified nursing assis-
read: tants or direct care workers must secure or pay for
4. Department verification of credentials and a background check on each individual who applies
for enrollment. The individual's current name and
training. The department may verify the credentials all previous names are subject to the background
and training of certified nursing assistants and regis-
tered direct care workers listed on the registry. check. A copy of the background check is given to
the individual who, upon successful completion of
Sec. 11. 22 MRSA §1812-G, sub-§4-A, as the training, submits it with an application to be
amended by PL 2015, c. 196, §9, is further amended to listed on the registry as a certified nursing assistant
read: or a registered direct care worker.
4-A. Provider verification fee. The department (1) Prior to enrolling an individual, a training
may establish a provider verification fee not to exceed program for certified nursing assistants or di-
$25 annually per provider for verification of a certified rect care workers must notify individuals that
nursing assistant's or registered direct care worker's cre- a background check will be conducted and that
dentials and training. Providers may not pass the cost certain disqualifying offenses, including crim-
on to the individual certified nursing assistant or regis- inal convictions, may prohibit an individual
443
PUBLIC LAW, C. 241 FIRST SPECIAL SESSION - 2023
from working as a certified nursing assistant or Sec. 21. 22 MRSA §1812-G, sub-§11, as en-
a direct care worker. acted by PL 2015, c. 196, §9, is amended to read:
B. Pursuant to sections 1717, 1724, 2137, 2149‑A, 11. Issue a decision. After an investigation under
7706, 8606 and, 9005 and 9054 and Title 34‑B, sec- subsection 10, the department shall issue a written de-
tion 1225, licensed, certified or registered provid- cision that the allegation of abuse, neglect, exploitation
ers shall secure and pay for a background check or misappropriation of property of a client, patient or
prior to hiring an individual who will work in direct resident is unsubstantiated or substantiated. Each alle-
contact with clients, patients or residents, including gation of abuse, neglect or misappropriation of property
a certified nursing assistant or a direct care worker. must be considered separately. A substantiated finding
must be based on factors established by department
C. The department may secure a background check
on certified nursing assistants and registered direct rules. The written decision must include at least the fol-
lowing information:
care workers on the registry every 2 years.
A. Whether the allegation is unsubstantiated or
D. A person or other legal entity that is not other- substantiated;
wise licensed by the department and that employs
or places a certified nursing assistant or direct care B. A description of the factors supporting a sub-
worker to provide services allowing direct access stantiated finding;
shall secure and pay for a background check in
accordance with state law and rules adopted by the C. If a notation of a substantiated finding is entered
on the registry;
department.
D. A description of the employment prohibition, if
Sec. 15. 22 MRSA §1812-G, sub-§6-B, as en- any; and
acted by PL 2015, c. 196, §9, is repealed.
E. Notice of the right to appeal the department’s
Sec. 16. 22 MRSA §1812-G, sub-§6-C, ¶A, decision pursuant to subsection 12.
as enacted by PL 2015, c. 196, §9, is amended to read:
A. A disqualifying criminal conviction within the Sec. 22. 22 MRSA §1812-G, sub-§13, as en-
acted by PL 2015, c. 196, §9, is amended to read:
previous 10 years prohibits employment as a certi-
fied nursing assistant or a direct care access worker. 13. Substantiated finding; lifetime employment
ban. A certified nursing assistant or a registered direct
(1) An individual with a disqualifying crimi-
nal conviction is subject to an employment ban care worker with a notation on the registry of a substan-
tiated finding on the registry of abuse of a patient, client
of 5, 10 or 30 years. The department shall or resident is banned for life from employment as either
adopt rules that specify disqualifying criminal
convictions that prohibit employment for 5 a certified nursing assistant or a direct care worker.
years, disqualifying criminal convictions that Sec. 23. 22 MRSA §1812-G, sub-§14, as en-
prohibit employment for 10 years and disqual- acted by PL 2015, c. 196, §9, is repealed.
ifying criminal convictions that prohibit em-
ployment for 30 years.
Sec. 24. 22 MRSA §1812-G, sub-§15, as en-
acted by PL 2015, c. 196, §9, is repealed.
Sec. 17. 22 MRSA §1812-G, sub-§6-C, ¶B, Sec. 25. 22 MRSA §1812-G, sub-§16, as en-
as enacted by PL 2015, c. 196, §9, is amended to read:
acted by PL 2015, c. 196, §9, is repealed.
B. Nondisqualifying criminal convictions do not
prohibit employment as a certified nursing assistant Sec. 26. 22 MRSA §1812-G, sub-§17, as en-
acted by PL 2015, c. 196, §9, is repealed.
or a direct care access worker.
Sec. 18. 22 MRSA §1812-G, sub-§6-D, as en- Sec. 27. 22 MRSA §1812-J, as amended by PL
2015, c. 299, §§11 to 17 and c. 494, Pt. D, §3, is further
acted by PL 2015, c. 196, §9, is repealed.
amended by amending the section headnote to read:
Sec. 19. 22 MRSA §1812-G, sub-§8, as §1812-J. Unlicensed assistive persons Direct care
amended by PL 2015, c. 196, §9, is repealed.
workers
Sec. 20. 22 MRSA §1812-G, sub-§10, as en- Sec. 28. 22 MRSA §1812-J, sub-§1, ¶A-2, as
acted by PL 2015, c. 196, §9, is amended to read: amended by PL 2015, c. 299, §11, is further amended
10. Complaint investigation. The department to read:
may investigate complaints and allegations against cer-
tified nursing assistants or registered direct care access A-2. "Disqualifying offense" means a substantia-
tion of abuse, neglect or exploitation or a criminal
workers of abuse, neglect, exploitation or misappropri- conviction identified in rules adopted by the de-
ation of property of a client, patient or resident.
partment that prohibit employment as an unli-
censed assistive person a direct care worker.
444
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 241
Sec. 29. 22 MRSA §1812-J, sub-§1, ¶A-3, as B. "Registry" means the Maine Registry of Certi-
amended by PL 2015, c. 299, §11, is further amended fied Nursing Assistants and Direct Care Workers,
to read: which is a list of certified nursing assistants, with
A-3. "Health care and direct access services set- notations if applicable, and a list of direct care
workers registered for training, education or com-
tings" means settings in which individuals receive pliance purposes, or unlicensed assistive persons
services that require direct access by a certified
nursing assistant or unlicensed assistive person a with notations and is established under section
1812‑G.
direct care worker or other employee in providing
direct care and related services. Sec. 35. 22 MRSA §1812-J, sub-§1, ¶C-1, as
enacted by PL 2011, c. 257, §3, is amended to read:
Sec. 30. 22 MRSA §1812-J, sub-§1, ¶A-4, as
enacted by PL 2011, c. 257, §3, is amended to read: C-1. "Substantiated finding" means an administra-
A-4. "High severity" means the level, as estab- tive determination made by the department, after
investigation of a complaint against an unlicensed
lished by the department by rule, of abuse, neglect assistive person a direct care worker of abuse, ne-
or misappropriation of property of a client, patient
or resident that forms the basis for a substantiated glect or misappropriation of property of a client,
patient or resident, that the abuse, neglect or mis-
finding after investigation of a complaint against an appropriation of property of a client, patient or res-
unlicensed assistive person a direct care worker of
abuse, neglect or misappropriation of property of a ident was of high severity based on criteria estab-
lished by the department by rule.
client, patient or resident.
Sec. 31. 22 MRSA §1812-J, sub-§1, ¶A-5, as Sec. 36. 22 MRSA §1812-J, sub-§1, ¶D, as
amended by PL 2015, c. 299, §13, is further amended
enacted by PL 2011, c. 257, §3, is amended to read:
to read:
A-5. "Indicated finding" means an administrative
determination made by the department, after inves- D. "Unlicensed assistive person Direct care
worker" means an unlicensed individual who by
tigation of a complaint against an unlicensed assis- virtue of employment has direct access to and pro-
tive person a direct care worker of abuse, neglect
or misappropriation of property of a client, patient vides direct care or direct contact assistance with
activities of daily living or other services to indi-
or resident, that the abuse, neglect or misappropri- viduals in homes, assisted living programs, resi-
ation of property of a client, patient or resident was
of low to moderate severity based on criteria estab- dential care facilities, hospitals and other health
care and direct access services settings. "Unli-
lished by the department by rule and that the person censed assistive person Direct care worker" in-
is not prohibited from employment as an unli-
censed assistive person a direct care worker. cludes but is not limited to a direct support profes-
sional, residential care specialist, behavioral health
Sec. 32. 22 MRSA §1812-J, sub-§1, ¶A-6, as professional, personal support specialist, mental
enacted by PL 2011, c. 257, §3, is amended to read: health support specialist, mental health rehabilita-
tion technician, behavior specialist, other qualified
A-6. "Low to moderate severity" means the level, mental health professional, certified residential
as established by the department by rule, of abuse,
neglect or misappropriation of property of a client, medication aide and registered medical assistant
and other direct access workers or direct care work-
patient or resident that forms the basis for an indi- ers as described in rules adopted by the department.
cated finding after investigation of a complaint
against an unlicensed assistive person a direct care "Unlicensed assistive person Direct care worker"
does not include a certified nursing assistant em-
worker of abuse, neglect or misappropriation of ployed in the capacity of a certified nursing assis-
property of a client, patient or resident.
tant.
Sec. 33. 22 MRSA §1812-J, sub-§1, ¶A-7, as Sec. 37. 22 MRSA §1812-J, sub-§1, ¶E, as
enacted by PL 2011, c. 257, §3, is amended to read:
enacted by PL 2011, c. 257, §3, is amended to read:
A-7. "Nondisqualifying criminal conviction"
E. "Unsubstantiated finding" means an administra-
means a criminal conviction identified in rules tive determination made by the department, after
adopted by the department that is included as a no-
tation on the registry but does not prohibit employ- investigation of a complaint against an unlicensed
assistive person a direct care worker of abuse, ne-
ment as an unlicensed assistive person a direct care glect or misappropriation of property of a client,
worker.
patient or resident, that no abuse, neglect or misap-
Sec. 34. 22 MRSA §1812-J, sub-§1, ¶B, as propriation of property of a client, patient or resi-
amended by PL 2015, c. 299, §12, is further amended dent was found to support an indicated finding or a
to read:
445
PUBLIC LAW, C. 241 FIRST SPECIAL SESSION - 2023
substantiated finding of abuse, neglect or misap- censed assistive person or direct care worker for train-
propriation of property of a client, patient or resi- ing, education and compliance purposes. Disqualifying
dent. notations must include but are not limited to the follow-
Sec. 38. 22 MRSA §1812-J, sub-§1, ¶F, as ing information:
enacted by PL 2015, c. 299, §14, is repealed. A. Documentation of the department's investiga-
tion, including the nature of the allegation and the
Sec. 39. 22 MRSA §1812-J, sub-§1, ¶G is en- evidence that led the department to substantiate the
acted to read:
allegation of abuse, neglect, exploitation or misap-
G. "Registered direct care worker" means an indi- propriation of property;
vidual listed on the registry. "Registered direct
B. The date of the hearing, if the unlicensed assis-
care worker" does not include a certified nursing tive person direct care worker chose to appeal the
assistant employed in the capacity of a certified
nursing assistant or a direct care worker listed on department finding that the complaint was substan-
tiated; and
the registry with notations for disqualifying of-
fenses. C. The unlicensed assistive person's direct care
worker's statement to the department disputing the
Sec. 40. 22 MRSA §1812-J, sub-§2, as allegation, if the unlicensed assistive person direct
amended by PL 2015, c. 299, §15, is further amended
care worker chose to submit one; and.
to read:
D. Notations indicating the listed unlicensed assis-
2. Complaint investigation. The department may tive person is not in compliance with training or ed-
investigate complaints and allegations of abuse, ne-
glect, exploitation or misappropriation of property of a ucational requirements.
client, patient or resident in a home or health care set- Sec. 44. 22 MRSA §1812-J, sub-§5, as en-
ting against unlicensed assistive persons direct care acted by PL 2009, c. 215, §2, is amended to read:
workers.
5. Right to hearing. The department shall notify
Sec. 41. 22 MRSA §1812-J, sub-§3, as the unlicensed assistive person direct care worker of the
amended by PL 2011, c. 257, §5, is further amended to right to request a hearing to contest the finding that the
read: complaint under subsection 3 was substantiated.
3. Substantiated finding of complaint; registry Sec. 45. 22 MRSA §1812-J, sub-§6, as
listing. When a complaint against an unlicensed assis- amended by PL 2011, c. 257, §7, is repealed.
tive person a direct care worker is substantiated by the Sec. 46. 22 MRSA §1812-J, sub-§7, as
department and the unlicensed assistive person direct
care worker is listed on the registry pursuant to subsec- amended by PL 2015, c. 494, Pt. D, §3, is further
amended to read:
tion 4, the department's decision becomes final agency
action as defined in Title 5, section 8002, subsection 4. 7. Prohibited employment based on disqualify-
The department shall notify the employer of the unli- ing offenses. An employer who employs an unlicensed
censed assistive person direct care worker that a sub- assistive person a direct care worker to provide direct
stantiated finding of a complaint has been listed as a no- access services shall conduct a comprehensive back-
tation on the registry. ground check in accordance with state law and rules
Sec. 42. 22 MRSA §1812-J, sub-§3-A, as en- adopted by the department and is subject to the employ-
ment restrictions set out in section 1812‑G and chapter
acted by PL 2011, c. 257, §6, is amended to read: 1691 and other applicable federal and state laws. The
3-A. Indicated finding of complaint; no registry employer is subject to penalties for employing a dis-
listing. An indicated finding by the department of a qualified or otherwise ineligible person in accordance
complaint against an unlicensed assistive person a di- with applicable federal or state laws.
rect care worker does not prohibit employment and is Sec. 47. 22 MRSA §1812-J, sub-§7-A is en-
not listed as a notation on the registry. The department's
complaint investigation decision becomes final agency acted to read:
action as defined in Title 5, section 8002, subsection 4. 7-A. Background check. This subsection governs
background checks for direct care workers.
Sec. 43. 22 MRSA §1812-J, sub-§4, as
amended by PL 2015, c. 299, §16, is further amended A. A training program for direct care workers may
to read: secure or pay for a background check pursuant to
4. Registry listing. The department shall list an chapter 1691 on each individual who applies for
enrollment in the program. The background check
unlicensed assistive person employed as a direct care may check the individual's current name and all
worker direct care workers with a disqualifying offense
substantiated finding notation and may register an unli- previous names. The background check result may
446
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 241
be shared with the individual's prospective em- other protected individual served by a provider subject
ployer upon successful completion of the program. to this chapter generally provides to individuals direct
contact assistance or has direct access regardless of set-
(1) Prior to enrolling an individual, a training
program for direct care workers must notify in- ting. "Direct access worker" does not include an indi-
vidual performing repairs, deliveries, installations or
dividuals that a background check may be con- similar services who does not have direct access with-
ducted and that certain disqualifying offenses,
including criminal convictions, may prohibit out supervision. "Direct access worker" includes but is
not limited to the following individuals:
an individual from working as a direct care
worker. A. An individual seeking employment as a direct
access worker;
B. Pursuant to sections 1717, 1724, 2137, 2149-A,
7706, 8606, 9005 and 9054 and Title 34-B, section B. An employee who is employed upon the effec-
1225, licensed, certified or registered providers tive date of this chapter and who is required to have
shall secure and pay for a background check prior a background check in accordance with section
to hiring an individual who will work in direct con- 9058 9058-A;
tact with clients, patients or residents, including a C. A former employee who consents, prior to leav-
direct care worker.
ing employment, to periodic review of that employ-
C. The department may review the results of a ee's criminal background for a fixed time;
background check completed in accordance with
D. An independent contractor pursuant to Title 26,
chapter 1691 on a registered direct care worker. section 1043, subsection 11, paragraph E or Title
D. A person that is not otherwise licensed by the 39‑A, section 102, subsection 13‑A or a worker
department that employs or places a direct care who is placed with a provider by a temporary nurse
worker to provide services allowing direct access agency or a personal care agency or a placement
shall secure and pay for a background check in agency registered pursuant to section 1717; and
accordance with state law and rules adopted by the
department. E. A volunteer, student or other person with direct
access who routinely performs unsupervised func-
Sec. 48. 22 MRSA §9053, sub-§2, as enacted tions similar to those performed by a direct access
by PL 2015, c. 299, §25, is amended to read: worker for a provider.; and
2. Assisted housing program. "Assisted housing F. A direct care worker pursuant to section 1812-J,
program" means a program or facility licensed pursuant subsection 1, paragraph G.
to chapter 1663 or an independent housing with services
program exempt from licensing pursuant to chapter
Sec. 52. 22 MRSA §9053, sub-§19, as enacted
by PL 2015, c. 299, §25, is repealed and the following
1663.
enacted in its place:
Sec. 49. 22 MRSA §9053, sub-§3, as enacted 19. Grandfathered employee. "Grandfathered
by PL 2015, c. 299, §25, is amended to read:
employee" means an individual subject to the require-
3. Background check. "Background check" ments of this chapter who has been employed prior to
means the collection of personally identifiable infor- October 1, 2023, is subject to section 9058-A and has
mation and, data and biometric identifiers for compari- not previously submitted biometric identifier data for a
son with criminal record repositories and registry data- background check under this chapter.
bases that are relevant to an individual's identity and Sec. 53. 22 MRSA §9053, sub-§21-A is en-
background, including monitoring for future offenses
through a rap back monitoring program. acted to read:
Sec. 50. 22 MRSA §9053, sub-§5-A is enacted 21-A. Hospital. "Hospital" means an entity li-
censed pursuant to chapter 405.
to read:
5-A. Biometric identifier. "Biometric identifier"
Sec. 54. 22 MRSA §9053, sub-§24-A is en-
acted to read:
means a unique and measurable biological, anatomical
or physiological characteristic used for identification of 24-A. Noncriminal justice submitting entity.
an individual, including, but not limited to, fingerprints, "Noncriminal justice submitting entity" means the
retinal or iris scans and palm prints. agency responsible for initiating requests under the rap
back monitoring program pursuant to federal imple-
Sec. 51. 22 MRSA §9053, sub-§14, as enacted mentation guidance documents.
by PL 2015, c. 299, §25, is amended to read:
14. Direct access worker. "Direct access worker" Sec. 55. 22 MRSA §9053, sub-§28-A is en-
acted to read:
means an individual who by virtue of employment has
direct access to a Medicare or Medicaid beneficiary or
447
PUBLIC LAW, C. 241 FIRST SPECIAL SESSION - 2023
448
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 241
449
PUBLIC LAW, C. 241 FIRST SPECIAL SESSION - 2023
Sec. 76. 22 MRSA §9057, sub-§4, ¶E, as en- E. The grandfathered employee is not identified in
acted by PL 2015, c. 299, §25, is amended to read: the Background Check Center database as a dis-
qualified person.
E. The employer verifies and documents that the
individual has submitted the individual's biometric 4. Disqualified grandfathered employee. A
identifier data required for the background check grandfathered employee who receives a disqualifying
and the mandatory identity verification and em- background check report is subject to the provisions of
ployment eligibility documents required by rules subsection 3 and must be able to correct disqualifying
adopted in accordance with this chapter; and offense information that appears in the background
check report through the inaccurate records corrections
Sec. 77. 22 MRSA §9058, as enacted by PL process within 60 calendar days after the disqualifying
2015, c. 299, §25, is repealed.
report is issued. The grandfathered employee is subject
Sec. 78. 22 MRSA §9058-A is enacted to read: to direct personal supervision during the conditional
employment period as described in rules adopted pur-
§9058-A. Grandfathered employees prior to bio-
metric identifier reporting suant to this chapter until a final background check re-
port indicates that no disqualifying offenses appear in
1. Background check. Beginning October 1, the updated records.
2024, an employer employing direct access workers 5. Termination; disqualified grandfathered em-
shall use the Background Check Center to secure a
background check and a background check report using ployees. An employer shall terminate or remove from
direct access employment any grandfathered employee
biometric identifier data for each direct access worker. who has not submitted the documents required in sub-
2. Gradual implementation of grandfathered section 3, who refused to submit a biometric identifier
employee background checks with biometric identi- or otherwise participate in the background check or who
fier data. The department shall adopt rules under sec- fails to receive a final nondisqualifying background
tion 9065 describing a staged and orderly process based check report in accordance with subsection 4.
on the type of provider and the number of direct access
workers employed that employers must follow to im- Sec. 79. 22 MRSA §9062, sub-§1, ¶B, as en-
acted by PL 2015, c. 299, §25, is amended to read:
plement the background checks using biometric identi-
fier data for grandfathered employees consistent with B. Failure or refusal to terminate or remove from
this chapter. The department may grant an employer a direct access employment an employee who is dis-
deadline extension for good cause shown, which may qualified for employment based on the require-
not be unreasonably withheld. ments of this chapter; and
3. Background check deadline. A grandfathered Sec. 80. 22 MRSA §9062, sub-§1, ¶C, as en-
employee may continue to work in direct access em- acted by PL 2015, c. 299, §25, is amended to read:
ployment for up to 60 calendar days from the date the C. Substantial noncompliance with the procedures
grandfathered employee's first biometric identifier
background check is initiated in accordance with sub- established by this chapter.; and
section 2 and if: Sec. 81. 22 MRSA §9062, sub-§1, ¶D is en-
acted to read:
A. The grandfathered employee signs a consent to
release information and agrees in writing to submit D. Failure to enroll in the Background Check Cen-
to the background check process; ter.
B. The grandfathered employee signs a statement Sec. 82. 22 MRSA §9066 is enacted to read:
declaring that a background check will not reveal §9066. Portability
any disqualifying offenses or that an offense that
appears is inaccurate; 1. Portability authorized. A direct access worker
C. The employer verifies and documents that the may choose to transfer the worker's background check
report to another employer. The direct access worker
grandfathered employee has submitted the bio- may choose to transfer confidential information con-
metric identifier data and mandatory identity veri-
fication and employment eligibility documents re- tained in the worker's background check report, as long
as the background check used a biometric identifier,
quired by rules adopted in accordance with section when:
9065;
A. The direct access worker agrees to submit to the
D. The employer initiates the background check by
entering the individual into the Background Check requirements of this chapter;
Center database as a grandfathered employee; and B. The direct access worker signs a statement re-
leasing the confidential information to the new em-
ployer;
450
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 242
C. The employer verifies and documents that the The board shall review the determination of train-
direct access worker has submitted the mandatory ing costs annually, make any necessary adjust-
identity verification and employment eligibility ments and provide that determination to all law en-
documents required by rules adopted in accordance forcement agencies in the State.
with this chapter; and
3. Reimbursement for training costs. Whenever
D. The employer ensures the background check a full-time law enforcement officer, trained at the Maine
was completed within the last 5 years and enters the Criminal Justice Academy or the Indian police academy
direct access worker into the rap back monitoring at the federal law enforcement training center at the ex-
program. pense of a particular governmental entity, is subse-
quently hired by another governmental entity as a full-
See title page for effective date.
time law enforcement officer within 5 years of gradua-
tion from the academy, the governmental entity shall re-
CHAPTER 242 imburse the first governmental entity according to the
following formula, unless a mutual agreement is
H.P. 150 - L.D. 229 reached.
An Act to Compensate Tribal A. If the officer is hired by the other governmental
Governments for Basic entity during the first year after graduation, that
governmental entity shall reimburse the first gov-
Training for a Law ernmental entity the full cost of the training costs.
Enforcement Officer Hired by
Another Government Agency B. If the officer is hired by the other governmental
entity during the 2nd year after graduation, that
Be it enacted by the People of the State of Maine governmental entity shall reimburse the first gov-
as follows: ernmental entity 80% of the training costs.
Sec. 1. 25 MRSA §2808, as amended by PL C. If the officer is hired by the other governmental
2013, c. 147, §41, is further amended to read: entity during the 3rd year after graduation, that
§2808. Sharing of training costs governmental entity shall reimburse the first gov-
ernmental entity 60% of the training costs.
1. Definitions. As used in this section, unless the
context otherwise indicates, the following terms have D. If the officer is hired by the other governmental
the following meanings. entity during the 4th year after graduation, that gov-
ernmental entity shall reimburse the first govern-
A. "Governmental entity" means the State or any mental entity 40% of the training costs.
city, town, plantation or county or tribal govern-
ment. E. If the officer is hired by the other governmental
entity during the 5th year after graduation, that gov-
B. "Training" means the basic training provided to ernmental entity shall reimburse the first govern-
a full-time law enforcement officer by the Maine mental entity 20% of the training costs.
Criminal Justice Academy, as described in section
2804‑C, or by the Indian police academy at the fed- F. If the officer graduated more than 5 years before
eral law enforcement training center. subsequently being hired by the other governmen-
tal entity, that governmental entity is not obligated
C. "Training costs" means a fixed dollar amount to reimburse the first governmental entity.
determined by the board. In making the determi-
nation, the board shall include the following costs: If the officer is subsequently hired by additional gov-
ernmental entities within 5 years of graduation from the
(1) The full cost of the salary, including fringe academy, each of those governmental entities is liable
benefits, paid to the officer while in training; to the governmental employer immediately preceding it
(2) The full cost of the tuition charged by the for the training costs paid by that governmental entity
Maine Criminal Justice Academy or the Indian under this subsection. The extent of financial liability
police academy at the federal law enforcement must be determined according to the formula estab-
training center; lished by this subsection.
(3) The full cost of uniforms for training and The board shall, as necessary, incorporate the Indian
graduation provided to the officer in training; police academy at the federal law enforcement training
and center into its basic law enforcement training program
reimbursement rates.
(4) The full cost of the salary, inclusive of
overtime, paid to officers to provide police See title page for effective date.
protection that would otherwise have been lost
during the absence of the officer in training.
451
PUBLIC LAW, C. 243 FIRST SPECIAL SESSION - 2023
452
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 244
453
PUBLIC LAW, C. 244 FIRST SPECIAL SESSION - 2023
Consumer Price Index as reported by the United States authorized campaign committee, in accordance with the
Department of Labor, Bureau of Labor Statistics and commission's procedures.
rounded to the nearest amount divisible by $25. The
commission shall post the current contribution limit and
Sec. 11. 21-A MRSA §1052, sub-§4-C, as en-
acted by PL 2021, c. 217, §3 and c. 274, §9 and affected
the amount of the next adjustment and the date that it
will become effective on its publicly accessible website by §13, is repealed.
and include this information with any publication to be Sec. 12. 21-A MRSA §1052, sub-§6, as en-
used as a guide for candidates. acted by PL 2021, c. 274, §10 and affected by §13, is
repealed.
Sec. 8. 21-A MRSA §1015, sub-§10, as en-
acted by PL 2021, c. 274, §7 and affected by §13, is Sec. 13. 21-A MRSA §1052-A, sub-§3, ¶E,
repealed. as amended by PL 2021, c. 217, §4, is further amended
to read:
Sec. 9. 21-A MRSA §1015-A, as repealed by
PL 2021, c. 274, §8 and affected by §13, is reenacted to E. The name of the account that the committee will
read: use to deposit contributions and make expenditures
§1015-A. Corporate contributions pursuant to section 1054, and the name and address
of the financial institution at which the account is
Contributions made by a for-profit or a nonprofit established; and
corporation including a parent, subsidiary, branch, divi- Sec. 14. 21-A MRSA §1052-A, sub-§3, ¶E-1,
sion, department or local unit of a corporation, and con-
tributions made by a political committee or political ac- as enacted by PL 2021, c. 217, §4, is repealed.
tion committee whose contribution or expenditure ac- Sec. 15. 21-A MRSA §1056-C, as amended by
tivities are financed, maintained or controlled by a cor- PL 2021, c. 607, §2 and affected by §5, is repealed.
poration are considered to be made by that corporation,
political committee or political action committee.
Sec. 16. 21-A MRSA §1056-D, as amended by
PL 2021, c. 607, §§3 and 4 and affected by §5, is re-
1. Single entities. Two or more entities are treated pealed.
as a single entity if the entities:
Sec. 17. Commission on Governmental Eth-
A. Share the majority of members of their boards ics and Election Practices report. The Commis-
of directors; sion on Governmental Ethics and Election Practices, in
B. Share 2 or more officers; consultation with the Attorney General, shall determine
the amendments to the Maine Revised Statutes, Title
C. Are owned or controlled by the same majority 21-A necessary in order to:
shareholder or shareholders; 1. Prohibit a business entity from making contri-
C-1. Are limited liability companies that are butions to candidates for election but allow a business
owned or controlled by the same majority member entity to make contributions to caucus political action
or members; or committees and party committees;
D. Are in a parent-subsidiary relationship. 2. Prohibit a business entity from making any con-
2. Sole proprietorships. A sole proprietorship tributions to leadership political action committees; and
and its owner are treated as a single entity. 3. Prohibit a leadership political action committee
from accepting contributions from other entities that ex-
Sec. 10. 21-A MRSA §1015-B, as enacted by ceed contribution limits to candidates in an election cy-
PL 2013, c. 334, §7, is amended to read:
cle.
§1015-B. Donations to an individual considering
whether to become a candidate The Commission on Governmental Ethics and
Election Practices shall submit a report of its findings,
If an individual receives funds, goods or services including suggested legislation, to the Joint Standing
for the purpose of deciding whether to become a candi- Committee on Veterans and Legal Affairs by February
date, the funds, goods or services may not exceed the 1, 2024. The joint standing committee may report out
limitations in section 1015, subsections 1 and 2 2-B. legislation related to the report to the Second Regular
The individual shall keep an account of such funds, Session of the 131st Legislature.
goods or services received and all payments and obliga-
tions incurred in deciding whether to become a candi- Emergency clause. In view of the emergency
cited in the preamble, this legislation takes effect when
date. If the individual becomes a candidate, the funds, approved.
goods and services received are contributions and the
payments and obligations are expenditures. The candi- Effective June 22, 2023.
date shall disclose the contributions and expenditures in
the first report filed by the candidate or the candidate's
454
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 245
455
PUBLIC LAW, C. 246 FIRST SPECIAL SESSION - 2023
has met the requirements of section 13831, subsection has not previously withdrawn the member's accu-
6 or may delegate the authority to administer drugs and mulated contributions:
vaccines to a pharmacy intern who is under that phar-
(1) Have the membership transferred to the
macist's direct supervision and who has obtained drug member's account with the new employer or
administration training pursuant to section 13832, sub-
section 3. A pharmacy intern may administer drugs and new plan; and
vaccines only to a person 18 years of age or older. (2) Be entitled to all benefits that:
2. Administer drugs or vaccines. A pharmacist (a) Are based on creditable service and
may not engage in the administration of drugs or vac- earnable compensation with the previous
cines unless the pharmacist meets the qualifications and employer or previous plan and the provi-
requirements of section 13832 and the pharmacist has sions of this Part in effect with respect to
obtained a board-issued certificate of administration. A the previous employer or previous plan at
pharmacy technician may not engage in the administra- the date of termination of service by the
tion of vaccines unless the pharmacy technician meets member; and
the qualifications and requirements of section 13831,
subsection 6 and the pharmacy technician has obtained (b) Do not require additional contribu-
tions by the new employer.
a board-issued certificate of administration.
B. The new employer or new plan may elect to in-
Emergency clause. In view of the emergency clude the creditable service and earnable compen-
cited in the preamble, this legislation takes effect when
approved. sation of the member with the previous employer
with the creditable service and earnable compensa-
Effective June 22, 2023. tion with the new employer. If that election is
made, the new employer shall make, from time to
time, whatever contributions are necessary to pro-
CHAPTER 246 vide the benefits under the applicable retirement
S.P. 134 - L.D. 313 program for the member as have accrued to the
member by reason of the member's previous em-
An Act to Allow Game ployment and as may accrue to the member by rea-
Wardens to Transfer son of the member's new employment.
Retirement Service, Allow C. If the new employer makes the election pro-
Certain Employees of vided under paragraph B, or the member makes the
Participating Local Districts to election provided under paragraph D, all funds in
Purchase Service Credit and the applicable retirement program contributed by
Allow Transfer of Membership the member's former employer or under the previ-
ous plan on account of the member's previous em-
from the State Employee ployment must be transferred to the account of the
Retirement Plan to Another new employer or new plan and must be used to liq-
Plan uidate the liability incurred by reason of the previ-
Be it enacted by the People of the State of Maine ous employment.
as follows: D. Notwithstanding paragraph A, a member of the
Sec. 1. 5 MRSA §17656, sub-§1, as amended Maine Public Employees Retirement System who
by PL 2007, c. 542, §§1 and 2, is further amended to is a game warden, a law enforcement officer as de-
read: fined in Title 25, section 2801‑A, subsection 5, or
a state firefighter, whose previous membership was
1. Reemployment with new employer. Member- based upon employment as a municipal firefighter
ship of a member who is reemployed with a new em- as defined in section 286‑M, a game warden, a law
ployer, or who transfers from one state employee plan enforcement officer or a state firefighter, or their
to another state employee plan, is governed as follows: employer, may elect to make the contribution nec-
A. Any member of the State Employee and essary to include all or part of the member's cred-
Teacher Retirement Program or the Participating itable service and earnable compensation from the
Local District Retirement Program whose service prior plan in the new plan, including a transfer from
is terminated as a state employee, teacher or partic- one state employee plan to a different state em-
ipating local district employee and who becomes ployee plan. For members moving from one state
employed as a state employee, teacher or partici- employee plan to another state employee plan, no
pating local district employee with a new employer separation of service or reemployment is neces-
or who transfers from one state employee plan to sary. The retirement system shall establish proce-
another state employee plan shall, if the member dures for determining the contribution necessary
for such a member to carry forward all or part of
456
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 247
the creditable service and earnable compensation 3. Satisfactory completion. A secondary school
from a prior plan or plans. For purposes of this par- student may earn a diploma if the student has satisfac-
agraph, "state firefighter" means a person em- torily completed all diploma requirements in accor-
ployed by the State with the primary responsibility dance with the academic standards of the school admin-
of aiding in the extinguishment of fires and in- istrative unit and this section. A school administrative
cludes a member of emergency medical services unit shall award a high school diploma to a child with a
line personnel as defined in section 286‑M, subsec- disability, as defined in section 7001, subsection 1‑B,
tion 2, paragraph H. For purposes of this paragraph, who satisfies the local diploma requirements in the
"game warden" means a person appointed by the manner specified by the child's individualized educa-
Commissioner of Inland Fisheries and Wildlife tion plan. Career and technical students may satisfy the
pursuant to Title 12, section 10351, subsection 1. requirements of subsection 2 through separate or inte-
grated study within the career and technical school cur-
Sec. 2. Former participating local district riculum, including through courses provided pursuant
employee may purchase service credit. A former to section 8402 or 8451‑A, on the approval of the com-
employee of a local district who was not permitted to missioner and the local school board or in accordance
become a member of the Participating Local District
Retirement Program when the local district resumed with an equivalency agreement pursuant to section
8404, subsection 3, paragraph B or section 8457, sub-
participation in the program under the Maine Revised section 2.
Statutes, Title 5, section 18254-A because the former
employee previously elected not to maintain member- Sec. 2. 20-A MRSA §8404, sub-§3, ¶B, as
ship when the local district withdrew from participation amended by PL 2011, c. 679, §15, is further amended
and who has become a member as an employee of an- to read:
other local district may purchase the service credit un-
B. Shall develop a cooperative agreement delin-
der Title 5, section 18252-A, subsection 1, paragraph E eating the duties and powers of the advisory com-
and Title 5, section 18254, subsection 1 if the employee
is still employed by the local district. The purchase of mittee. A cooperative agreement or any amend-
ment to the agreement must be ratified by the
service credit under this section must be completed by school board of each unit or affiliated unit served
December 31, 2023.
by the center. A cooperative agreement must be
See title page for effective date. reviewed annually by the advisory committee and
submitted by the center and its affiliated units to the
commissioner. Beginning with the school year
CHAPTER 247 starting after June 30, 2025, the cooperative agree-
H.P. 269 - L.D. 436 ment must include an equivalency agreement for
credit gained through a career and technical educa-
An Act to Provide Career and tion program to be accepted as a core credit toward
Technical Education Students a high school diploma for each of the school ad-
ministrative units governing or affiliated with the
with Credit Toward High center; and
School Graduation for Work
Completed in Career and Sec. 3. 20-A MRSA §8457, sub-§2, as
Technical Education Centers amended by PL 1991, c. 518, §25, is further amended
and Regions to read:
Mandate preamble. This measure requires one 2. Cooperative agreement. The cooperative
or more local units of government to expand or modify board shall adopt a cooperative agreement incorporat-
activities so as to necessitate additional expenditures ing at a minimum each of the items listed under section
from local revenues but does not provide funding for at 8452, subsection 1. The cooperative board, with the su-
least 90% of those expenditures. Pursuant to the Con- perintendents' advisory committee, shall annually re-
stitution of Maine, Article IX, Section 21, 2/3 of all of view the cooperative agreement. The cooperative board
the members elected to each House have determined it may amend the agreement, subject to approval by a ma-
necessary to enact this measure. jority of the school boards of the units served by the re-
gion. A copy of the cooperative agreement and any
Be it enacted by the People of the State of Maine amendments to the agreement must be filed with the
as follows: commissioner. Beginning with the school year starting
Sec. 1. 20-A MRSA §4722, sub-§3, as after June 30, 2025, the cooperative agreement must in-
amended by PL 2021, c. 571, §10, is further amended clude an equivalency agreement for credit gained
to read: through a career and technical education program to be
accepted as core credit toward a high school diploma
457
PUBLIC LAW, C. 248 FIRST SPECIAL SESSION - 2023
for each of the school administrative units located in the respect to the Department of Education, any other form
region. of approval or authorization required by law.
See title page for effective date. 3. Out-of-home abuse or neglect. "Out-of-home
abuse or neglect" means abuse or neglect or a suspicious
child death:
CHAPTER 248
A. That occurs in a facility or in the care of a person
H.P. 312 - L.D. 495 licensed or subject to inspection by the department,
the Department of Education or the Department of
An Act Regarding Corrections;
Investigations of Out-of-home
Child Abuse and Neglect B. That occurs in a facility operated by the depart-
ment, the Department of Education or the Depart-
Be it enacted by the People of the State of Maine ment of Corrections; or
as follows: C. That occurs in the care of an unlicensed provider
Sec. 1. 22 MRSA §4002, sub-§9, as enacted by that is funded by the department.
PL 1979, c. 733, §18, is amended to read: §4099-K. Investigation team
9. Person responsible for the child. "Person re- 1. Investigation team established. The investi-
sponsible for the child" means a person with responsi- gation team is established within the department to in-
bility for a child's health or welfare, whether in the vestigate reports of suspected out-of-home abuse or ne-
child's home or another home or; a facility which li- glect of children in accordance with this subchapter.
censed or subject to licensure that, as part of its func-
tion, provides for care of the child; or a person licensed 2. Participation with other departments. The
or subject to licensure that, as part of its function, pro- investigation team, on its own or upon request, may as-
vides for care of the child. It "Person responsible for the sist and participate with another department or agency
child" includes the child's custodian. charged with the responsibility to investigate abuse or
neglect, including the Department of Education or the
Sec. 2. 22 MRSA §4004, sub-§2, ¶B, as cor- Department of Corrections.
rected by RR 2021, c. 2, Pt. A, §64, is amended to read:
3. Addition of relevant professionals. The inves-
B. Promptly investigate all abuse and neglect cases tigation team must include, as appropriate, relevant pro-
and suspicious child deaths coming to its attention fessionals to participate in the investigations of out-of-
or, in the case of out-of-home abuse and neglect in- home abuse or neglect.
vestigations, the department shall act in accordance
with chapter 1674 subchapter 18; 4. Assistance by licensing staff. Department staff
that perform general licensing functions may assist the
Sec. 3. 22 MRSA §4021, sub-§3, ¶C, as investigation team in conducting out-of-home abuse or
amended by PL 2015, c. 283, §1, is further amended by neglect investigations.
amending the last blocked paragraph to read:
5. Consultation with law enforcement and oth-
Violation of this paragraph subjects any person in- ers. The investigation team may consult with law en-
volved in the violation, including individual school forcement personnel, advocates and others in the inves-
personnel, to the penalty provided in section 4009. tigation of out-of-home abuse or neglect.
This section does not apply to out-of-home abuse
and neglect allegations as covered under chapter 6. Results. The investigation team shall provide
1674 subchapter 18. the results of its investigation to the department or other
applicable licensing agency or department for appropri-
Sec. 4. 22 MRSA c. 1071, sub-c. 18 is enacted ate action.
to read:
§4099-L. Duties of the investigation team
SUBCHAPTER 18
The duties of the investigation team include, but are
INVESTIGATION OF OUT-OF-HOME CHILD not limited to, the following.
ABUSE AND NEGLECT
1. Receive reports of alleged abuse or neglect.
§4099-J. Definitions The investigation team shall receive reports of alleged
1. Investigation team. "Investigation team" out-of-home abuse or neglect under circumstances set
means individuals employed by the department to in- out in this subchapter. When the investigation team re-
vestigate allegations of out-of-home abuse or neglect ceives a report that alleges abuse or neglect in facilities
pursuant to this subchapter. or by persons not licensed or subject to inspection by
2. Licensed. "Licensed" means holding a license
as defined in Title 5, section 8002, subsection 5 or, with
458
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 248
the department, the investigation team shall immedi- in accordance with section 4021, subsection 3
ately refer the report to the agency or department and rules adopted pursuant to this subchapter.
charged with the responsibility to investigate the report.
G. The investigation team, to the extent possible,
2. Investigate. The investigation team shall inves- shall record interviews in accordance with applica-
tigate reported out-of-home abuse or neglect. ble rules adopted by the department and pursuant
to section 4021.
A. The investigation team shall complete an inves-
tigation within 90 days from the date on which the (1) Information collected in an interview that
investigation was initiated, except in circumstances was not recorded may not be excluded from
when the information necessary to complete the in- use in court proceedings solely because the in-
vestigation is unavailable to the investigation team. terview was not recorded.
B. The investigation team's investigation of a re- (2) A person being questioned or interviewed
port with a high severity allegation with respect to under this subchapter may not be prohibited
a child in a residential care facility must be initiated from recording the questioning or interview.
within 3 business days of the date of the receipt of
the report. If the investigation team cannot initiate H. Notwithstanding Title 20‑A, section 6101, sub-
section 2, when the investigation team is conduct-
its investigation within 3 business days, the inves- ing an investigation of a person at the Maine Edu-
tigation team shall request a safety plan from the
facility. cational Center for the Deaf and Hard of Hearing
and the Governor Baxter School for the Deaf who
C. To minimize redundant department investiga- is subject to licensure by the Department of Educa-
tions in response to the same or related allegations tion, the Maine Educational Center for the Deaf and
of out-of-home abuse or neglect, the investigation Hard of Hearing and the Governor Baxter School
team shall conduct a single investigation sufficient for the Deaf and the Department of Education shall
to determine whether abuse or neglect occurred and disclose the following information to the investiga-
whether a licensing violation has occurred. The in- tion team:
vestigation team shall coordinate and consult with
(1) Background checks related to the person;
the department entity that performs general licens-
ing functions. (2) The person's credentials;
D. The investigation team shall refer allegations of (3) Any conduct on the part of the person re-
criminal activity to the office of the district attorney lated to the allegation; and
or the Office of the Attorney General when appro- (4) Any action taken by the Maine Educa-
priate and shall coordinate its investigation with the
office to which allegations are referred to minimize tional Center for the Deaf and Hard of Hearing
and the Governor Baxter School for the Deaf
trauma to the child or children involved. or the Department of Education in response to
E. The investigation team’s investigation of a sus- conduct of any person at the Maine Educa-
picious child death is subject to and may not inter- tional Center for the Deaf and Hard of Hearing
fere with the authority and responsibility of the Of- and the Governor Baxter School for the Deaf
fice of the Attorney General to investigate and that is similar to the allegation.
prosecute homicides pursuant to Title 5, section
200‑A. 3. Investigative powers of commissioner. The
following are investigative powers of the commis-
F. The investigation team shall conduct interviews sioner.
as needed to investigate allegations and determine A. The commissioner or the commissioner's
if abuse or neglect has occurred.
designee may issue a subpoena requiring a person
(1) The investigation team shall conduct inter- to disclose or provide to the department infor-
views of a child involved in the alleged abuse mation or records in that person's possession that
or neglect in a manner that is in the child's best are necessary and relevant to an investigation of a
interest. report of suspected out-of-home abuse or neglect.
(2) The investigation team shall notify the par- (1) The department may apply to the District
ent, guardian or custodian of a child prior to Court to enforce a subpoena.
initiating an interview of the child except un- (2) A person who complies with a subpoena is
der circumstances in which prior notification
is not in the child’s best interest. immune from civil or criminal liability that
might otherwise result from the act of turning
(3) The investigation team shall conduct an over or providing information or records to the
interview of a child without prior notification department.
459
PUBLIC LAW, C. 248 FIRST SPECIAL SESSION - 2023
(3) Information or records obtained by sub- B. A family child care provider licensed pursuant
poena must be treated in accordance with sec- to section 8301‑A, subsection 3;
tion 7703.
C. A nursery school licensed pursuant to section
B. The commissioner may obtain confidential 8402;
criminal history record information and other crim- D. A children's residential care facility licensed
inal history record information under Title 16,
chapter 7 that the commissioner considers relevant pursuant to chapter 1669;
to an investigation of out-of-home abuse or neglect. E. An emergency children's shelter licensed pursu-
ant to chapter 1669;
4. Determination of harm. The investigation
team shall determine whether or not a child has been F. A shelter for homeless children licensed pursu-
harmed, in which case the investigation team shall de- ant to chapter 1669;
termine the degree of harm or threatened harm by a per- G. A transitional living program licensed pursuant
son responsible for the child. In the case of a suspicious
child death, the investigation team shall determine: to section 4099-E, subsection 3;
A. Whether abuse or neglect was a cause or factor H. A licensed family foster home as defined in sec-
tion 8101, subsection 3, including, but not limited
contributing to the child's death; and to, the home of a resource family that provides fos-
B. The degree of threatened harm to any other ter care, kinship care or adoption or permanency
child for whom the person or persons responsible guardianship services;
for the deceased child may be responsible now or
I. An unlicensed relative’s home approved by the
in the future. department as meeting licensing standards; and
5. Issue a decision. The investigation team shall J. An unlicensed provider for children with cogni-
issue a written decision that an allegation of abuse or
neglect is unsubstantiated, indicated or substantiated. tive impairments and functional limitations that is
funded by the department pursuant to rules adopted
Each allegation of abuse or neglect must be considered by the department.
separately. The written decision must include at least
the following: 2. Unlicensed person or facilities. The investiga-
A. The factors supporting an indicated or substan- tion team may investigate a person or facility described
in subsection 1 if the person or facility is not licensed.
tiated decision;
3. School personnel. The investigation team may
B. The identity of the person or persons responsi- investigate an individual licensed by the Department of
ble in the case of an indicated or substantiated de-
cision; and Education and employed by a school organized under
Title 20-A, Part 2.
C. The person’s right to appeal the department’s
§4099-O. Records; confidentiality; disclosure
indicated or substantiated decision pursuant to par-
agraph B. Notwithstanding section 4008, records that are
made, acquired or retained by the department in con-
§4099-M. Right to a hearing; appeal
nection with its responsibilities under this subchapter
A person who is the subject of the decision in sec- are subject to the provisions set out in section 7703 and
tion 4099-L, subsection 5 has the right to a hearing to the following provisions.
appeal an indicated or substantiated finding of out-of- 1. Disclosure; reports of abuse or neglect. The
home abuse or neglect in accordance with the provi-
sions of the Maine Administrative Procedure Act. department may disclose, upon the conclusion of an in-
vestigation under this subchapter, a statement indicating
§4099-N. Entities subject to investigation whether or not a report of out-of-home abuse or neglect
Reported abuse or neglect that occurs in the follow- has been received, the nature of the alleged abuse or ne-
glect and the conclusion reached by the investigation
ing out-of-home entities is subject to investigation by team.
the investigation team.
2. Notification of parent, guardian or custodian
1. Facility or person licensed by department; fa-
cility operated or funded by department. Out-of- of child reported to be abused. When a report is re-
ceived of out-of-home abuse or neglect in a facility or
home abuse or neglect is subject to investigation by the program described in section 4099-N, the investigation
investigation team, including, but not limited to, abuse
or neglect that occurs in the following: team may notify the child's parent, guardian or custo-
dian that it has been reported that the child has been al-
A. A child care facility licensed pursuant to section legedly abused or neglected, whether an investigation is
8301‑A, subsection 2;
460
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 250
being conducted and, upon conclusion of the investiga- Notwithstanding any landlord and tenant rights and ob-
tion, whether the investigation team determined that the ligations under Title 14, chapter 709, a certified recov-
allegations are supported or not supported. ery residence with a discharge and transfer policy ap-
3. Notification of parents, guardians or custodi- proved under this section may immediately discharge or
transfer a resident in accordance with that policy if the
ans of other children in facility. When a report is re- discharge or transfer is necessary for the resident's wel-
ceived of out-of-home abuse or neglect in a facility or
program described in section 4099-N, the investigation fare, the resident's needs cannot be met at the recovery
residence or the health and safety of other residents or
team, upon conclusion of the investigation, may notify recovery residence employees are at risk or would be at
a parent, guardian or custodian who has a child in the
program or facility for whom there is no report of abuse risk if the resident continues to live at the recovery res-
idence. A person who refuses to leave a recovery resi-
or neglect whether the investigation team determined dence after a discharge or transfer that is consistent with
that a violation of law or rules adopted by the depart-
ment has occurred. the requirements of this section may be ordered to leave
the premises by the recovery residence owner or opera-
4. Disclosure to facility or program. The inves- tor or by a law enforcement officer.
tigation team shall notify a facility or program de- See title page for effective date.
scribed in section 4099-N when there is an indicated or
substantiated finding of out-of-home abuse or neglect
against an employee of the facility or program. CHAPTER 250
5. Disclosure of investigation. The department H.P. 461 - L.D. 692
may publish information regarding an investigation
conducted pursuant to this subchapter on the depart- An Act Regarding Eligibility of
ment's publicly accessible website upon the conclusion County Jail Inmates for a
of an investigation in accordance with rules adopted by
the department. Community Confinement
Monitoring Program
§4099-P. Rules
Be it enacted by the People of the State of Maine
The department may adopt rules to carry out the as follows:
purposes of this subchapter. Rules adopted pursuant to
this section are routine technical rules as defined by Ti- Sec. 1. 30-A MRSA §1659-A, sub-§1, as en-
tle 5, chapter 375, subchapter 2‑A. Rules may include acted by PL 2009, c. 391, §6, is amended to read:
but are not limited to establishing the factors that sup- 1. Petition. A sheriff, upon written request from
port unsubstantiated, indicated and substantiated find- an inmate eligible under subsection 2 for participation
ings. in a community confinement monitoring program and
Sec. 5. 22 MRSA c. 1674, as amended, is re- recommended by the jail administrator, may assign the
pealed. inmate to participate in a community confinement mon-
itoring program. At the time of granting this privilege,
See title page for effective date. the sheriff shall determine whether the inmate is respon-
sible for the cost of participating in the program based
on the inmate's ability to pay.
CHAPTER 249
Sec. 2. 30-A MRSA §1659-A, sub-§2, ¶C-1
H.P. 374 - L.D. 597 is enacted to read:
An Act to Improve Conditions C-1. The inmate is not serving a sentence for a
for People Living in Recovery crime against a family or household member as de-
Residences by Requiring fined in Title 19-A, section 4102, subsection 6, un-
Approved Discharge and less the jail administrator has determined that the
inmate is not reasonably likely to pose a risk to the
Transfer Policies safety of others in the community after the jail ad-
Be it enacted by the People of the State of Maine ministrator has:
as follows: (1) Reviewed the available criminal history
Sec. 1. 5 MRSA §20057, as enacted by PL record of the inmate to, at a minimum, identify
2021, c. 472, §1, is amended by enacting at the end a any patterns of behavior that may indicate the
new paragraph to read: inmate poses a risk to the safety of others in
the community;
A certified recovery residence must have a written
discharge and transfer policy that is approved by a cre- (2) Reviewed and considered any other avail-
dentialing entity that is recognized by the department. able evidence that the inmate poses a risk to
461
PUBLIC LAW, C. 251 FIRST SPECIAL SESSION - 2023
462
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 253
463
PUBLIC LAW, C. 254 FIRST SPECIAL SESSION - 2023
464
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 257
Be it enacted by the People of the State of Maine Sec. 2. 29-A MRSA §152, sub-§6, as enacted
by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5,
as follows: is amended to read:
Sec. 1. 20-A MRSA §1486, sub-§2, as 6. Other data. Require data necessary on forms,
amended by PL 2015, c. 463, §2, is further amended to applications, certificates, licenses or other documents.;
read: and
2. Validation referendum procedures. The Sec. 3. 29-A MRSA §152, sub-§7 is enacted
budget validation referendum must be held on or before to read:
the 30th 45th calendar day following the scheduled date
of the regional school unit budget meeting. The refer- 7. Waive penalty or fee. Waive a penalty or fee
endum may not be held on a Sunday or legal holiday. required under this Title if the Secretary of State or the
The vote at referendum is for the purpose of approving secretary's designee determines that the circumstances
or rejecting the total regional school unit budget ap- justify a waiver. The Secretary of State shall adopt rules
proved at the regional school unit budget meeting. The to administer this subsection that must include but are
regional school unit board shall provide printed infor- not limited to rules identifying circumstances that may
mation to be displayed at polling places to assist voters justify a waiver. Rules adopted pursuant to this subsec-
in voting. That information is limited to the total tion are routine technical rules as defined in Title 5,
amounts proposed by the regional school unit board for chapter 375, subchapter 2-A.
each cost center summary budget category article, the Sec. 4. 29-A MRSA §251, sub-§2-A, as en-
amount approved at the regional school unit budget acted by PL 2003, c. 434, §4 and affected by §37, is
meeting, a summary of the total authorized expendi- amended to read:
tures and, if applicable because of action on an article
under section 15690, subsection 3, paragraph A, a state- 2-A. Databases. The Secretary of State may pro-
ment that the amount approved at the regional school vide databases of records pertaining to applications,
unit budget meeting includes locally raised funds that registrations and certifications of vehicles and to driv-
exceed the maximum state and local spending target er's licenses to individuals, businesses and other entities
pursuant to section 15671‑A, subsection 5. If the legis- as allowed by section 256 and all other applicable laws.
lative body of the regional school unit at the regional The Secretary of State shall adopt rules to establish a
school unit budget meeting approves an article pursuant fee schedule and governing procedures.
to section 1485, subsection 5, the substance of the arti- Sec. 5. 29-A MRSA §351, sub-§5, as amended
cle must be included in the printed information dis- by PL 2001, c. 671, §4, is further amended to read:
played at polling places for the budget validation refer-
endum. 5. Expiration of 14-day 30-day temporary reg-
istration plate. Notwithstanding the provisions of this
See title page for effective date. section, a person who operates a vehicle with an expired
temporary registration plate issued pursuant to section
462 954-A commits:
465
PUBLIC LAW, C. 257 FIRST SPECIAL SESSION - 2023
A. A traffic infraction for which a forfeiture fine gency Management, Maine Bureau of Veterans' Ser-
of not more than $50 may be adjudged if the regis- vices verifying active duty military service and length
tration has been expired for less than 150 days; or of service or a Form 22 from the United States Depart-
B. A Class E crime if the registration has been ex- ment of Defense, National Guard Bureau indicating a
minimum of 20 years of service.
pired for 150 days or more.
The Secretary of State shall recall a special veterans
Sec. 6. 29-A MRSA §460-A, as enacted by PL registration plate of a recipient who has been less than
2011, c. 356, §4, is repealed.
honorably discharged from the United States Armed
Sec. 7. 29-A MRSA §462, as amended by PL Forces.
2021, c. 126, §1, is reallocated to 29-A MRSA §954-A.
All surplus revenue collected for issuance of the special
Sec. 8. 29-A MRSA §501, sub-§7, ¶A, as registration plates is retained by the Secretary of State
amended by PL 2019, c. 650, §2, is further amended to to maintain and support this program.
read:
The surviving spouse of a special veteran plate recipient
A. A temporary registration permit is limited in use issued plates in accordance with this subsection may re-
for transportation of a vehicle after sale, transpor- tain and display the special veteran plates as long as the
tation necessary for service or repairs of a vehicle, surviving spouse remains unmarried. Upon remarriage,
occasional seasonal relocation of a vehicle or occa- the surviving spouse may not use the special veteran
sional transportation necessary for the relocation of plates on a motor vehicle, but may retain them as a
a tiny home: keepsake. Upon the death of the surviving spouse, the
family may retain the special veteran plates, but may
(1) Between the points of origin and destina- not use them on a motor vehicle.
tion and intermediate points, as set forth in the
permit; or The Secretary of State may issue a special disability
(2) From the point of origin to the destination registration plate for veterans in accordance with sec-
tion 521, subsections 1, 5, 7 and 9. The special disabil-
and back to the point of origin, including any ity registration plate for veterans must bear the Interna-
intermediate points, as set forth in the permit.
tional Symbol of Access.
Sec. 9. 29-A MRSA §523, sub-§3, as amended The Secretary of State may issue a set of special veter-
by PL 2023, c. 85, §1, is further amended to read:
ans registration plates when the qualifying veteran is the
3. Special veterans registration plates. The Sec- primary driver of a company-owned vehicle if:
retary of State, on application and evidence of payment A. The company is owned solely by a veteran who
of the excise tax required by Title 36, section 1482 and
the registration fee required by section 501 or by section qualifies for a veteran plate under this section;
504, subsection 1 for a vehicle with a registered gross B. The vehicle is leased by a veteran who qualifies
weight over 10,000 pounds, shall issue a registration for the veteran plate under this subsection; or
certificate and a set of special veterans registration
C. The vehicle is leased by the employer of a vet-
plates to be used in lieu of regular registration plates for eran who qualifies for the veteran plate and the em-
a vehicle with a registered gross weight of not more than
26,000 pounds to any person who has served in the ployer has assigned the vehicle exclusively to the
veteran. The employer must attest in writing that
United States Armed Forces and who has been honora- the veteran will have exclusive use of the vehicle
bly discharged, any person who has served a minimum
of 20 years in the National Guard and has been honora- and agrees to the display of the special veteran
plate.
bly discharged or to a person who has served in the
United States Armed Forces for at least 3 years and con- Sec. 10. 29-A MRSA §523, sub-§3-A, as
tinues to serve. If a person who qualifies for a special amended by PL 2023, c. 85, §2, is further amended to
veterans registration plate under this subsection is a pri- read:
mary driver of any vehicle, the Secretary of State may
issue in accordance with this section a set of special vet- 3-A. Motorcycle plates; veterans. In addition to
any plate issued pursuant to subsection 3, the Secretary
erans registration plates for each vehicle. of State, on application and evidence of payment of the
Each application must be accompanied by the appli- excise tax required by Title 36, section 1482 and the
cant's Armed Forces Report of Transfer or Discharge, registration fee required by section 515, subsection 1,
DD Form 214, certification from the United States Vet- shall issue a registration certificate and a special veter-
erans Administration or the appropriate branch of the ans registration plate for any designated motorcycles
United States Armed Forces verifying the applicant's owned or controlled by a person who has served in the
military service and honorable discharge, or a letter United States Armed Forces and who has been honora-
from the Department of Defense, Veterans and Emer- bly discharged, a person who has served a minimum of
20 years in the National Guard and has been honorably
466
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 257
discharged or to a person who has served in the United trafficking in persons, as defined in 22 United States
States Armed Forces for at least 3 years and continues Code, Section 7102.11 (2000), in which a commercial
to serve. motor vehicle was used.
Each application must be accompanied by the appli- Sec. 13. 29-A MRSA §1301, sub-§6-A, as
cant's Armed Forces Report of Transfer or Discharge, amended by PL 2017, c. 229, §19, is further amended
DD Form 214, certification from the United States De- to read:
partment of Veterans Affairs or the appropriate branch
6-A. Confidentiality. Except as required by 18
of the United States Armed Forces verifying the appli- United States Code, Section 2721(b) or as needed to im-
cant's military service and honorable discharge, or a let-
ter from the Department of Defense, Veterans and plement the federal National Voter Registration Act of
1993, the federal Help America Vote Act of 2002 or
Emergency Management, Maine Bureau of Veterans' other federal election law, the Secretary of State may
Services verifying active duty military service and
length of service or a Form 22 from the United States not disseminate information collected under subsection
6. For every willful violation of this subsection, a per-
Department of Defense, National Guard Bureau indicat- son commits a civil violation for which a fine of not
ing a minimum of 20 years of service.
more than $500 may be adjudged.
The Secretary of State shall recall a special veterans
registration plate of a recipient who has been less than Sec. 14. 29-A MRSA §1354, sub-§2, as
amended by PL 2021, c. 216, §§42 and 43, is further
honorably discharged from the United States Armed amended to read:
Forces.
2. Licenses required. A person may not operate
All surplus revenue collected for issuance of the special
veterans registration plates is retained by the Secretary a driver education school, conduct driver education or
act as an instructor unless licensed by the Secretary of
of State to maintain and support this program. State.
Upon request the Secretary of State shall issue special A. A Class A 1 driver education school license
veterans registration plates for a motorcycle that are
also vanity plates. These plates are issued in accordance may be issued to a driver education school that em-
ploys Class A 1 instructors and that is authorized to
with this section and section 453. Vanity plates issued teach both the classroom and behind-the-wheel
under this subsection may not duplicate vanity plates is-
sued in another class of plate. phases of driver education and behind-the-wheel
private lessons to individuals who hold a valid
The surviving spouse of a recipient of a special veterans learner's permit, driver's license or temporary driv-
registration plate issued in accordance with this subsec- er's license. A driver education school licensed un-
tion may retain and use the plate or plates as long as the der this paragraph may also employ Class B 2 in-
surviving spouse remains unmarried. Upon remarriage, structors to provide the behind-the-wheel phase of
the surviving spouse may not use the plate or plates, but driver education and behind-the-wheel private les-
may retain them. Upon the death of the surviving sons. A driver education school licensed under this
spouse, the family may retain the plate or plates, but paragraph may teach both the classroom and
may not use them. behind-the-wheel phases of driver education and
behind-the-wheel private lessons.
The Secretary of State may not issue special commem-
orative decals under subsection 5 or 6 for use on special B. A Class A 1 instructor license authorizes the
veterans registration plates for a motorcycle. holder to teach both the classroom and behind-the-
Sec. 11. 29-A MRSA §702, sub-§2-A, as en- wheel phases of driver education as an employee or
affiliate of a licensed driver education school.
acted by PL 2021, c. 216, §20, is amended to read:
C. A Class B 2 instructor license authorizes the
2-A. Lienholder registration. A lienholder who holder to teach only the behind-the-wheel phase of
secures a lien on 15 or more titles annually participates
in the electronic lien titling program is required to reg- driver education as an employee or affiliate of a li-
censed driver education school.
ister with the Secretary of State for a lienholder identi-
fication number in accordance with rules adopted by the C-1. A Class 3 instructor license authorizes the
Secretary of State. holder to teach only the classroom phase of driver
Sec. 12. 29-A MRSA §1253, sub-§7 is enacted education as an employee or affiliate of a licensed
driver education school.
to read:
D. A Class B 2 driver education school license may
7. Conviction for severe forms of trafficking in be issued to a driver education school that employs
persons. The Secretary of State shall permanently re-
voke, without preliminary hearing, the commercial a Class A 1 or Class B 2 instructor. A driver edu-
cation school licensed under this paragraph may
driver's license of a person who has been convicted of a provide only behind-the-wheel private lessons to
felony involving an act or practice of severe forms of
467
PUBLIC LAW, C. 258 FIRST SPECIAL SESSION - 2023
468
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 260
469
PUBLIC LAW, C. 261 FIRST SPECIAL SESSION - 2023
470
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 263
to prevention efforts; training programs; development Sec. 2. 30-A MRSA §874, sub-§4, as enacted
and implementation of strategic plans, priorities and in- by PL 1991, c. 495, is amended to read:
itiatives; data reports; staffing updates; child place-
4. Finality of budget. After the public hearing is
ments; implementation of requirements in prior enacted completed, the advisory committee shall adopt a final
bills or budgets; interactions with citizen review panels
established pursuant to the federal Children's Justice budget and transmit that budget to the county commis-
sioners. The county commissioners may not further in-
Act, 42 United States Code, Section 5106a; and any crease, decrease, alter or revise the budget adopted by
other subject matter requested by the joint standing
committee. the advisory committee, except by unanimous a 3/5 vote
of the entire membership of the county commissioners.
See title page for effective date. If the adopted budget is changed by the county commis-
sioners, the advisory committee may reject that change
by a 2/3 vote of its membership. Those actions are final
CHAPTER 262 and are not subject to further action by either the county
H.P. 864 - L.D. 1350 commissioners or the advisory committee.
Sec. 3. Expiration of term for Franklin
An Act Regarding the County Budget Advisory Committee members.
Composition of the Budget Notwithstanding the Maine Revised Statutes, Title
Advisory Committee and the 30-A, section 873, subsection 1, paragraph B, the term
Finality of the Budget in the of office for Franklin County Budget Advisory Com-
Franklin County Budget mittee members serving on November 5, 2024 expires
Process on that day.
Be it enacted by the People of the State of Maine Sec. 4. Franklin County Budget Advisory
as follows: Committee initial terms. Notwithstanding the
Maine Revised Statutes, Title 30-A, section 873, sub-
Sec. 1. 30-A MRSA §873, sub-§1, as enacted section 1, paragraph B, members of the Franklin County
by PL 1991, c. 495, is amended to read: Budget Advisory Committee serve for 3-year terms, ex-
1. Municipal officers. Municipal By April 1st of cept initially commissioner districts one and 2 shall se-
each year, municipal officers within each commissioner lect one member for a one-year term and one member
district shall caucus and shall elect municipal officers for a 2-year term, commissioner districts 3 and 4 shall
from that district to fill vacancies as they arise, for terms select one member for a 2-year term and one member
as provided in paragraph A B. for a 3-year term and commissioner district 5 shall se-
lect one member for a one-year term and one member
A. Members shall serve for 3-year terms, except for a 3-year term.
that initially each district caucus shall select one
member for a one-year term, one member for a 2- Sec. 5. Effective date. This Act takes effect No-
year term and one member for a 3-year term. There vember 5, 2024, except that section 3 takes effect 90
must be 3 members from each commissioner dis- days after adjournment of the First Special Session of
trict. If a committee member ceases to be a munic- the 131st Legislature.
ipal officer during the term of membership, the See title page for effective date, unless otherwise
committee member shall resign the membership indicated.
and the next district caucus shall elect a qualified
municipal officer to fill the membership for the re-
mainder of the unexpired term. CHAPTER 263
B. Each commissioner district has 2 permanent H.P. 919 - L.D. 1423
members. Members serve for 3-year terms. There
is a rotating member who serves a one-year term, An Act to Increase the Limits
selected in 2025 by commissioner district one, se- on Awards for Compensatory
lected in 2026 by commissioner district 2, selected and Punitive Damages Under
in 2027 by commissioner district 3, selected in the Maine Human Rights Act
2028 by commissioner district 4, selected in 2029
by commissioner district 5 and selected in 2030 and Be it enacted by the People of the State of Maine
succeeding years in the same order as the first 5 as follows:
years under this paragraph. If a committee member Sec. 1. 5 MRSA §4613, sub-§2, ¶B, as
ceases to be a municipal officer during the term of amended by PL 2011, c. 613, §21 and affected by §29,
membership, the committee member shall resign is further amended by amending subparagraph (8), di-
the membership and the next district caucus shall vision (e) to read:
elect a qualified municipal officer to fill the mem-
bership for the remainder of the unexpired term.
471
PUBLIC LAW, C. 264 FIRST SPECIAL SESSION - 2023
(e) The sum of compensatory damages 1-A. Exception. This section does not apply to a
awarded under this subparagraph for fu- lot or portion of a lot that is within the watershed of a
ture pecuniary losses, emotional pain, suf- water source that is located in the City of Lewiston or
fering, inconvenience, mental anguish, the City of Auburn and that is used to provide drinking
loss of enjoyment of life, other nonpecu- water by a water utility that has received a waiver from
niary losses and the amount of punitive filtration pursuant to 40 Code of Federal Regulations,
damages awarded under this section may Sections 141.70 to 141.76, as determined by the Depart-
not exceed for each complaining party: ment of Health and Human Services.
(i) In the case of a respondent who Sec. 3. 30-A MRSA §4364-B, sub-§1-A is en-
has more than 14 and fewer than 101 acted to read:
employees in each of 20 or more cal- 1-A. Exception. This section does not apply to a
endar weeks in the current or preced-
ing calendar year, $50,000 $100,000; lot or portion of a lot that is within the watershed of a
water source that is located in the City of Lewiston or
(ii) In the case of a respondent who the City of Auburn and that is used to provide drinking
has more than 100 and fewer than 201 water by a water utility that has received a waiver from
employees in each of 20 or more cal- filtration pursuant to 40 Code of Federal Regulations,
endar weeks in the current or preced- Sections 141.70 to 141.76, as determined by the Depart-
ing calendar year, $100,000 ment of Health and Human Services.
$300,000;
Sec. 4. Drinking water program; study. The
(iii) In the case of a respondent who drinking water program within the Department of
has more than 200 and fewer than 501 Health and Human Services, Maine Center for Disease
employees in each of 20 or more cal- Control and Prevention, in coordination with the De-
endar weeks in the current or preced- partment of Environmental Protection, shall evaluate
ing calendar year, $300,000 state law and rules designed to protect the water quality
$500,000; and of water sources and their related watersheds that are
used to provide drinking water by a water utility that has
(iv) In the case of a respondent who received a waiver from filtration pursuant to 40 Code of
has more than 500 employees in each
of 20 or more calendar weeks in the Federal Regulations, Sections 141.70 to 141.76, as de-
termined by the Department of Health and Human Ser-
current or preceding calendar year, vices, and to identify any necessary changes to state law
$500,000 $1,000,000.
or rules or any other actions that can be implemented to
See title page for effective date. strengthen the protections for those water sources and
watersheds. On or before January 15, 2024, the pro-
gram shall submit to the Joint Standing Committee on
CHAPTER 264 Environment and Natural Resources a report summariz-
S.P. 592 - L.D. 1473 ing its evaluation under this section and providing any
recommendations, including any proposed legislation,
An Act to Protect Certain resulting from the evaluation. After reviewing the re-
Unfiltered Drinking Water port, the committee may report out legislation relating
Sources to the report to the Second Regular Session of the 131st
Legislature.
Be it enacted by the People of the State of Maine See title page for effective date.
as follows:
Sec. 1. 30-A MRSA §4364, sub-§9 is enacted
to read: CHAPTER 265
9. Exception. This section does not apply to a lot H.P. 980 - L.D. 1525
or portion of a lot that is within the watershed of a water
source that is located in the City of Lewiston or the City An Act to Allow for a
of Auburn and that is used to provide drinking water by Suspension of Licenses and
a water utility that has received a waiver from filtration Permits Issued Under the
pursuant to 40 Code of Federal Regulations, Sections Inland Fisheries and Wildlife
141.70 to 141.76, as determined by the Department of Laws for a Deferred
Health and Human Services. Disposition or Written Filing
Sec. 2. 30-A MRSA §4364-A, sub-§1-A is en- Agreement
acted to read: Be it enacted by the People of the State of Maine
as follows:
472
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 267
Sec. 1. 12 MRSA §10902, sub-§1, as enacted State at a rate less than the rate at which the employer
by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, pays any employee of the opposite sex for comparable
is amended to read: work on jobs that have comparable requirements relat-
1. Conviction or adjudication of violation. Any ing to skill, effort and responsibility. An employer may
not discriminate between employees in the same estab-
conviction or, adjudication, deferred disposition pursu- lishment on the basis of race by paying wages to any
ant to Title 17-A, section 1902, subsection 1 or written
filing agreement with the State pursuant to the Maine employee in any occupation in this State at a rate less
than the rate at which the employer pays any employee
Rules of Unified Criminal Procedure, Rule 11B for a of another race for comparable work on jobs that have
violation of this Part is grounds for suspension of any
license or permit issued under this Part. Except where comparable requirements relating to skill, effort and re-
sponsibility. Differentials that are paid pursuant to es-
when provided by law, the commissioner shall deter- tablished seniority systems or merit increase systems or
mine the suspension period. To suspend a license or
permit based upon a conviction or adjudication, the difference in the shift or time of the day worked that do
not discriminate on the basis of sex or race are not
commissioner shall follow the procedures under section within this prohibition the prohibitions in this section.
10903. A suspension or revocation of a license by the
District Court is subject to the provisions of subsection An employer may not discharge or discriminate against
any employee by reason of any action taken by such
5. employee to invoke or assist in any manner the enforce-
Sec. 2. 12 MRSA §10902, sub-§2, as affected ment of this section. An employer may not prohibit an
by PL 2003, c. 614, §9 and amended by c. 655, Pt. B, employee from disclosing the employee's own wages or
§97 and affected by §422, is further amended to read: from inquiring about or disclosing another employee's
2. Refusal to issue license or permit. If a person wages if the purpose of the disclosure or inquiry is to
enforce the rights granted by this section. Nothing in
is convicted or, is adjudicated of a, enters into a deferred this section creates an obligation to disclose wages.
disposition pursuant to Title 17-A, section 1902, sub-
section 1 or enters into a written filing agreement with The Department of Labor shall annually report to
the State pursuant to the Maine Rules of Unified Crim- the joint standing committee of the Legislature having
inal Procedure, Rule 11B in violation of any provision jurisdiction over labor matters on progress made in the
of this Part and is not the holder of a valid license or State to comply with this section. The report must be
permit issued under this Part, the commissioner may re- issued annually on Equal Pay Day as designated pursu-
fuse to issue a related license or permit to that person ant to Title 1, section 145.
for up to 5 years following the date of conviction or ad-
See title page for effective date.
judication, except when the killing or wounding of a hu-
man being has occurred, in which case the commis-
sioner may refuse to issue the license or permit for a CHAPTER 267
period of not less than 5 years.
H.P. 1244 - L.D. 1936
See title page for effective date.
An Act to Allow Certified
CHAPTER 266 Nurse Practitioners to Provide
In-home Care Without a Home
H.P. 1092 - L.D. 1703 Health Care Provider License
An Act to Amend the Maine Be it enacted by the People of the State of Maine
Equal Pay Law by Prohibiting as follows:
Pay Discrimination Based on Sec. 1. 22 MRSA §2142, sub-§1-A is enacted
Race to read:
Be it enacted by the People of the State of Maine 1-A. Certified nurse practitioner. "Certified
as follows: nurse practitioner" has the same meaning as in section
2422, subsection 1-B.
Sec. 1. 26 MRSA §628, as amended by PL
2019, c. 35, §3, is further amended to read: Sec. 2. 22 MRSA §2147, sub-§12, as amended
§628. Equal pay by PL 1989, c. 119, §3, is further amended to read:
This section may be known and cited as "the Maine 12. Municipal entities. Municipal departments or
agencies or other municipal entities in their provision of
Equal Pay Law." nontherapeutic preventive and promotional health edu-
An employer may not discriminate between em- cational services when persons providing those services
ployees in the same establishment on the basis of sex by are employed by the municipality; and
paying wages to any employee in any occupation in this
473
PUBLIC LAW, C. 268 FIRST SPECIAL SESSION - 2023
Sec. 3. 22 MRSA §2147, sub-§14, as enacted Whereas, the summer season is approaching,
by PL 2013, c. 336, §3, is amended to read: which is the busiest time for weddings and other special
events to be held at wineries, small wineries, breweries,
14. Registered nurse educators. Registered
nurse educators.; and small breweries, distilleries and small distilleries; and
Sec. 4. 22 MRSA §2147, sub-§15 is enacted to Whereas, in the judgment of the Legislature,
these facts create an emergency within the meaning of
read: the Constitution of Maine and require the following leg-
15. Certified nurse practitioners. Services pro- islation as immediately necessary for the preservation
vided directly by certified nurse practitioners. of the public peace, health and safety; now, therefore,
See title page for effective date. Be it enacted by the People of the State of Maine
as follows:
CHAPTER 268 Sec. 1. 28-A MRSA §1076, sub-§11 is enacted
to read:
S.P. 794 - L.D. 1951
11. Provision of liquor at wineries, small winer-
An Act Regarding Marine ies, breweries, small breweries, distilleries or small
Finfish Aquaculture distilleries. A qualified catering service may provide
the service of liquor at a function or event on the prem-
Be it enacted by the People of the State of Maine ises of a winery, small winery, brewery, small brewery,
as follows: distillery or small distillery licensed under section
Sec. 1. 12 MRSA §6072, sub-§2, ¶E, as 1355-A as long as the qualified catering service com-
amended by PL 2005, c. 535, §1, is further amended to plies with the provisions in subsection 7. A winery,
read: small winery, brewery, small brewery, distillery or
small distillery licensed under section 1355-A may host
E. Except as provided in subsection 13‑A, the lease on the premises a function or event under this section
does not result in a person being a tenant of any up to 4 times in a 7-day period.
kind in leases covering an aggregate of more than
500 acres; and Emergency clause. In view of the emergency
cited in the preamble, this legislation takes effect when
Sec. 2. 12 MRSA §6072, sub-§2, ¶F, as en- approved.
acted by PL 1987, c. 453, §1, is amended to read:
Effective June 23, 2023.
F. No single lease may exceed 100 acres in size.;
and
CHAPTER 270
Sec. 3. 12 MRSA §6072, sub-§2, ¶G is en-
acted to read: S.P. 602 - L.D. 1481
G. A lease may not be issued for aquaculture of An Act Regarding Clearance
salmonid species if the proposed stocking density for Occupancy Under the Lead
of pens in the lease area exceeds 30 kilograms per
cubic meter. Poisoning Control Act
See title page for effective date. Emergency preamble. Whereas, acts and re-
solves of the Legislature do not become effective until
90 days after adjournment unless enacted as emergen-
CHAPTER 269 cies; and
S.P. 543 - L.D. 1378 Whereas, this Act needs to take effect prior to the
expiration of the 90-day period because there is a short-
An Act Regarding Liquor age of housing available in the State, which makes it
Service by Catering Services difficult to find alternative housing for occupants of res-
for Special Events at Licensed idential dwelling units that are undergoing lead abate-
ment activities that require the occupants to be dis-
Wineries, Small Wineries, placed from their units; and
Breweries, Small Breweries,
Distilleries and Small Whereas, this Act authorizes the Department of
Distilleries Health and Human Services to waive a prohibition on
renting an owner-occupied residential building of 3
Emergency preamble. Whereas, acts and re- dwelling units or less that has been ordered to be cleared
solves of the Legislature do not become effective until of harmful lead-based substances and is vacant; and
90 days after adjournment unless enacted as emergen-
cies; and
474
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 271
Whereas, in the judgment of the Legislature, The department may, on a case-by-case basis,
these facts create an emergency within the meaning of waive the prohibition on renting and permit the owner
the Constitution of Maine and require the following leg- of an owner-occupied residential dwelling of 3 dwelling
islation as immediately necessary for the preservation units or fewer for which lead-based substances have
of the public peace, health and safety; now, therefore, been ordered to be removed, replaced or securely and
permanently covered in accordance with section 1321
Be it enacted by the People of the State of Maine to rent a vacant unit or units in that residential dwelling
as follows: before full abatement of the dwelling is achieved if the
Sec. 1. 22 MRSA §1322, as amended by PL department determines that residents may be suffi-
2023, c. 82, §2, is further amended to read: ciently protected from lead-based substances in the
dwelling.
§1322. Child occupants
A person may not knowingly rent a dwelling that
Emergency clause. In view of the emergency
cited in the preamble, this legislation takes effect when
has been posted and ordered cleared of harmful lead-
based substances in accordance with section 1321, ex- approved.
cept when waived by the department in accordance with Effective June 23, 2023.
this section. In circumstances where the presence of
lead-based paint or building materials is unsuspected
and becomes known when the dwelling is already CHAPTER 271
rented to a family with children, the family of the chil- S.P. 738 - L.D. 1822
dren may not be evicted for that reason and the owner
and occupant of the dwelling must be given written no- An Act to Amend the Specialty
tice by the department advising of the existence of lead- License Plate Laws and Extend
based substances in the dwelling and ordering that
within 30 days the lead-based substances be removed,
the Moratorium on Approval
replaced or securely and permanently covered. of Specialty License Plates and
Remove the Authority of
Until the owner brings any residential dwelling or Municipalities to Issue Driver's
premises into compliance with this Act while a tenant is Licenses
occupying a dwelling unit, the owner shall move the
tenant to a substitute dwelling unit upon reasonable no- Emergency preamble. Whereas, acts and re-
tice. The department may, on a case-by-case basis, solves of the Legislature do not become effective until
waive this requirement if the department determines 90 days after adjournment unless enacted as emergen-
that the implementation of actions to reduce lead expo- cies; and
sure or interim controls sufficiently protects the resi- Whereas, the moratorium on the Department of
dents of the unit until full abatement is achieved. Pur- the Secretary of State, Bureau of Motor Vehicles' ap-
suant to section 1321, subsection 3-A, the department proval of specialty license plates or recognition license
may order the owner to implement lead exposure reduc- plates expires July 14, 2023; and
tion actions or interim controls as determined by the de-
partment with reasonable notice. The owner shall pay Whereas, this legislation extends that moratorium
reasonable moving expenses and any use and occu- until June 30, 2024; and
pancy charges for a substitute dwelling unit that exceed Whereas, without this legislation taking effect
the rent for the vacated dwelling unit for which the ten- immediately, there will be a period of time when no
ant remains responsible. "Substitute dwelling unit" moratorium is in effect, which is not the intended effect
means a dwelling unit of like or similar accommodation of this legislation; and
and in like or similar location that is lead-safe. If the
tenant fails to accept the substitute dwelling unit se- Whereas, in the judgment of the Legislature,
lected by the owner while the owner is required to bring these facts create an emergency within the meaning of
the vacated dwelling unit into compliance with this Act the Constitution of Maine and require the following leg-
or the tenant fails to remain current in rent pursuant to islation as immediately necessary for the preservation
the lease or tenancy at will under Title 14, section 6002, of the public peace, health and safety; now, therefore,
including the statutory period of right to cure, the owner Be it enacted by the People of the State of Maine
is not obligated beyond 10 days after completion of re- as follows:
mediation to reimburse the tenant for any expense or in-
convenience other than moving expenses and any use Sec. 1. 29-A MRSA §201, sub-§1, as amended
and occupancy charges for the substitute dwelling unit by PL 2017, c. 229, §9, is further amended to read:
selected by the owner that exceed the rent for the va- 1. Appointment of agents by Secretary of State;
cated dwelling unit. scope of authority. With the approval of the municipal
officers, the Secretary of State may appoint a municipal
475
PUBLIC LAW, C. 271 FIRST SPECIAL SESSION - 2023
tax collector, or other persons designated by a munici- The municipality may retain all service fees authorized
pality, to collect excise taxes on vehicles and to receive in this subsection.
applications for noncommercial driver's license renew-
als and duplicates, nondriver identification card renew-
Sec. 3. 29-A MRSA §456-C, sub-§4, as en-
acted by PL 2007, c. 240, Pt. LLLL, §2, is amended to
als and duplicates and new registrations and renewals of
registrations of motor vehicles, trailers and semitrailers. read:
The Secretary of State may authorize a municipal agent 4. Issuance. The Secretary of State shall issue a
to issue renewals and duplicates of noncommercial sportsman registration plate in a number or letter se-
driver's licenses, nondriver identification cards, new quence or a combination of a number and letter se-
registrations and renewals of registrations or may limit quence.
the agent's authority to the issuance of renewals only.
Sec. 4. 29-A MRSA §456-D, sub-§4, as re-
Sec. 2. 29-A MRSA §201, sub-§3, as amended pealed and replaced by PL 2007, c. 703, §7, is amended
by PL 2019, c. 255, §1, is further amended to read: to read:
3. Service fees. Municipal agents appointed in 4. Design. A sponsor must submit a design for the
accordance with subsection 1 may charge service fees We Support Our Troops plates to the Secretary of State
for registrations and renewals of licenses and registra- for approval or modification in accordance with section
tions as follows. 468, subsection 5 1-B. The design must include the
A. A municipal agent may charge an applicant a shape of the boundaries of the State of Maine, with an
image of a curled ribbon superimposed over the shape
fee not to exceed $3 over the required fee for each of the State, with the words "We Support Our Troops"
renewal of a noncommercial driver's license or
nondriver identification card issued and a fee not to printed along the bottom of the plate. The Secretary of
State shall provide the final design to the joint standing
exceed $5 over the required fee for each renewal of committee of the Legislature having jurisdiction over
a registration issued and a fee not to exceed $6 over
the required fee for each new registration issued. transportation matters prior to manufacture of the
plates. The Secretary of State shall issue upon request
B. In a municipality in which agents are authorized We Support Our Troops plates that are also vanity
to issue registrations or renewals of noncommercial plates. We Support Our Troops plates are issued in
driver's licenses, nondriver identification cards or accordance with the provisions of this section and sec-
registrations for applicants from another munici- tion 453.
pality or from an unorganized territory, the agent Sec. 5. 29-A MRSA §456-F, sub-§6, as
may charge those applicants $1 in addition to the
fees authorized by this subsection for each registra- amended by PL 2011, c. 556, §3, is further amended to
read:
tion or renewal.
6. Duplicate plates. The Secretary of State shall
C. A municipal agent authorized to issue tempo- issue an agriculture education plate in a 3-number and
rary registration permits may charge an applicant a
fee not to exceed $1 over the required permit fee. 3-letter combination sequence or in another sequence at
the discretion of the Secretary of State. Vanity plates
D. A municipal agent authorized to process per- may not duplicate vanity plates issued in another class
mits and decals for vehicles with gross vehicle of plate.
weight in excess of 6,000 pounds may charge a fee
not to exceed $1 over the required fee for each per- Sec. 6. 29-A MRSA §468, as amended by PL
2021, c. 216, §12, is further amended to read:
mit or decal issued.
§468. Specialty license plate
E. A municipal agent may charge a fee not to ex-
ceed $1 over the required fee for the issuance of a The Secretary of State may not issue a specialty li-
duplicate registration, duplicate noncommercial cense plate until the sponsor has met all of the require-
driver's license or duplicate nondriver identifica- ments of this section and the proposed specialty license
tion card. plate legislation as required in subsection 7 is reviewed
by the joint standing committee of the Legislature hav-
G. A municipal agent may charge an applicant a
fee not to exceed $1 $2 over the required fee when ing jurisdiction over transportation matters and ap-
proved by the Legislature. For the purposes of this sub-
an applicant is requesting issuance of a set of plates chapter, "specialty license plate" means a specially de-
designated as specialty license plates by the Secre-
tary of State to replace previously issued plates. signed registration plate that may be used in place of the
regular plate and registration for fundraising purposes.
H. The Secretary of State may authorize municipal The Secretary of State shall administer a specialty li-
agents to charge a fee not to exceed $1 over the re- cense plate in accordance with the following provisions.
quired fee for other transactions that the municipal
agent carries out on behalf of the Secretary of State
and that are not listed in this subsection.
476
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 271
1. Sponsor. A person must register with the Sec- if the requirements in subsection 7 are not met
retary of State and receive approval from the Secretary within one year.
of State as the sponsor of a specialty license plate.
The Secretary of State shall deposit the $50,000
1-A. Sponsor affiliation. A sponsor must be af- $100,000 provided under paragraph B in the Specialty
filiated with a state department that is responsible for License Plate Fund established under section 469.
oversight of the collection and distribution of the con-
tributions collected under subsection 2, paragraph B 3-A. Credit receipts voucher. The Secretary of
State shall provide 2,000 credit receipts to the sponsor
and not returned pursuant to subsection 2, paragraph C, to provide to each supporter a voucher to each of the
which, except as provided by subsection 2, must be de-
posited in an other special revenue account to provide 4,000 supporters that contributed $25. The credit re-
ceipt voucher may be used only to obtain one set of spe-
essential services to the public. To obtain preliminary cialty license plates.
approval in subsection 1-B, the sponsor shall provide
documentation to the Secretary of State identifying the 3-B. Registration fee. The fee for the specialty
state department providing oversight and that depart- license plate is in addition to the regular motor vehicle
ment shall submit in writing on departmental letterhead registration fee required by section 501 and the excise
to the Secretary of State that it agrees to oversee the col- tax required by Title 36, section 1482.
lection and distribution of the contributions. 3-C. Fee; credit to funds. This subsection gov-
1-B. Plate design approval. This subsection gov- erns the funding distribution for specialty license plates
erns the plate design approval process. approved for issuance after June 30, 2024. In addition
to the regular motor vehicle registration fee prescribed
A. A sponsor shall submit the documentation un-
der subsection 1-A to the Secretary of State and ob- by law for the particular class of vehicle registered, the
initial fee for the specialty license plates is $20, which
tain from the Secretary of State preliminary ap- must be deposited with the Treasurer of State and cred-
proval of the proposed specialty license plate de-
sign before proceeding with subsection 2. ited as follows:
B. Before preliminarily approving the proposed A. Ten dollars to the other special revenue account
under subsection 1-A for purposes specified in the
specialty license plate design, the Secretary of State account description;
shall obtain the services of a professional designer,
paid by the sponsor, to format the plate to meet the B. Nine dollars to the Highway Fund for adminis-
Secretary of State's design requirements and stan- trative and production costs; and
dards. The Secretary of State shall consult with the
Maine State Police and the Maine Turnpike Au- C. One dollar to the Specialty License Plate Fund
established under section 469.
thority to evaluate the human and electronic reada-
bility of the plate design. 3-D. Renewal fee. This subsection governs the
funding distribution for renewals of specialty license
C. Before manufacturing the specialty license
plate, the Secretary of State shall provide the final plates after June 30, 2024. In addition to the regular mo-
tor vehicle registration fee prescribed by law for the par-
design for a specialty license plate to the joint ticular class of vehicle registered, the annual renewal
standing committee of the Legislature having juris-
diction over transportation matters for review. fee for the specialty license plates is $15, which must be
deposited with the Treasurer of State and credited as
2. Names, signatures and payment. The Secre- follows:
tary of State may not manufacture an authorized spe- A. Ten dollars to the other special revenue account
cialty license plate unless the sponsor:
under subsection 1-A for purposes specified in the
A. Provides to the Secretary of State a list with account description;
2,000 4,000 names, dated signatures and current
B. Four dollars to the Highway Fund for adminis-
plate numbers of supporters who have physically trative and production costs; and
signed a statement on paper declaring they intend
to purchase and display the specialty license plate; C. One dollar to the Specialty License Plate Fund
and established under section 469.
B. Collects from each supporter who signs the 4. Minimum number manufactured. The Sec-
statement an amount of $25 for each set of plates retary of State shall manufacture a minimum of 2,000
and provides to the Secretary of State the sum of 4,000 specialty license plates for each specialty license
these contributions in the amount of $50,000 plate authorized under this section.
$100,000, which is nonrefundable.; and
5. Design approval. A sponsor must submit a pro-
C. Informs each supporter that the $25 contribu- posed design for a specialty license plate for approval
tion will be returned to the supporter within 90 days or modification by the Secretary of State. The joint
477
PUBLIC LAW, C. 271 FIRST SPECIAL SESSION - 2023
standing committee of the Legislature having jurisdic- E. The Secretary of State shall retire, cease to issue
tion over transportation matters shall review the final and replace upon renewal a specialty license plate
design for a specialty license plate prior to manufacture if the entity receiving a distribution of the contribu-
of the plate. tions ceases to operate or does not comply with this
section.
6. Numbering, lettering and duplicate plates.
Except as provided in section 456‑C, the The Secretary F. When the total number of approved specialty
of State shall issue a specialty license plate in a 3- license plates reaches 15, the Secretary of State
number and 3-letter combination sequence. Plate num- may not approve a specialty license plate sponsor
bers may not duplicate plates issued in another class of under subsection 1. The sponsor's name and affili-
plate. Vanity plates may not duplicate vanity plates is- ated state department identified pursuant to subsec-
sued in another class of plate. This subsection does not tion 1-A must be added to a waiting list in the order
apply to a person that holds a specialty license plate of the received requests.
with duplicate numbers in another class of plate or a du-
10. Additional versions or classes of the spe-
plicate vanity plate in another class of plate issued in cialty license plate. The Secretary of State may not is-
accor-dance with section 453 prior to July 1, 2023, as
long as the person maintains a valid registration with sue a specialty license plate in a motorcycle, trailer or
commercial vehicle class if: class other than passenger
that plate. plates.
7. Deadline for Secretary of State approval. The A. At least 10,000 sets of the specialty plate have
sponsor must submit to the Secretary of State the
names, signatures, payment and proposed design for the been issued for automobiles and pickup trucks;
specialty license plate by September 1st. The signatures B. The sponsor of the specialty plate under this
must have been collected in-person within 2 years one subsection provides a list of 500 names for each
year of submission to the Secretary of State. Electroni- class requested, dated signatures and current plate
cally collected signatures may not be accepted. If the numbers of supporters who have signed a statement
design is approved pursuant to subsection 5 require- declaring they intend to purchase and display the
ments of subsections 1, 1-A, 1-B and 2 are met, the Sec- motorcycle, trailer or commercial vehicle class of
retary of State shall submit proposed legislation seeking specialty license plate; and
authorization of the specialty license plate to the follow-
ing regular session of the Legislature. C. The sponsor collects from each supporter who
signs the statement under paragraph B a contribu-
8. Weight limit. Except as provided under section tion of $25 for each set of plates and provides to the
456‑F, subsection 7, paragraph B, a specialty license Secretary of State the sum of these contributions in
plate under this subchapter may be issued for an auto- the amount of $12,500, which is nonrefundable.
mobile or truck that does not exceed 26,000 pounds reg-
Upon receipt of the $12,500 provided under paragraph
istered weight. After June 30, 2024, an automobile or C, the Secretary of State shall prepare enabling legisla-
truck that is issued a specialty license plate may not ex-
ceed 10,000 pounds registered weight. tion and a proposed plate design for submission to the
Legislature and shall deposit the $12,500 in the Spe-
9. Limit on authorization. The Secretary of State cialty License Plate Fund established under section 469.
shall retire and cease to issue any plate authorized after Commercial plates issued prior to July 1, 2023 under
January 1, 2007 if the number of registrations falls be-
low 4,000 for more than one year manage the number sections 455 and 456-F are exempt from this subsection.
of approved specialty license plates in accordance with 11. Affiliated state department. A sponsor shall
this subsection. provide to the affiliated state department identified pur-
suant to subsection 1-A an annual independent audit of
C. When a specialty license plate falls to 4,500 reg-
istrations, the Secretary of State shall notify the the other special revenue account. The affiliated state
department shall provide to the Secretary of State an an-
sponsor and the joint standing committee of the nual audit report and an accounting of the contributions
Legislature having jurisdiction over transportation
matters of the Secretary of State's intent to retire received and distributed during that reporting period.
The Secretary of State shall provide the report to the
and cease to issue the specialty license plate if the joint standing committee of the Legislature having ju-
number of registrations falls below 4,000 for one
year. The Secretary of State shall provide the spon- risdiction over transportation matters.
sor with monthly updates. Sec. 7. Resolve 2021, c. 108, §1 is repealed.
D. The Secretary of State shall retire, cease to issue Sec. 8. Moratorium. The Department of the Sec-
and replace upon renewal a specialty license plate retary of State, Bureau of Motor Vehicles, notwith-
if the number of registrations falls below 4,000 for standing the Maine Revised Statutes, Title 29-A, sec-
more than one year. tions 468 and 468-A, may not approve any specialty li-
cense plate or recognition license plate sponsor to begin
478
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 275
the specialty license plate or recognition license plate are not required to file a report on the 42nd day be-
signature gathering process, bring forth enabling legis- fore a primary election pursuant to this section.
lation or otherwise initiate any new designs, redesigns
See title page for effective date.
or additional specialty license plates or recognition li-
cense plates, other than those already approved and en-
acted, until June 30, 2025. CHAPTER 274
Emergency clause. In view of the emergency H.P. 885 - L.D. 1371
cited in the preamble, this legislation takes effect when
approved. An Act to Amend Limits on the
Effective June 23, 2023. Direct Shipment of Wine
Be it enacted by the People of the State of Maine
CHAPTER 272 as follows:
S.P. 37 - L.D. 45 Sec. 1. 28-A MRSA §1403-A, sub-§6, as en-
acted by PL 2009, c. 373, §1, is repealed.
An Act to Prevent Retaliatory Sec. 2. 28-A MRSA §1403-A, sub-§6-A is en-
Evictions acted to read:
Be it enacted by the People of the State of Maine 6-A. Shipment limit. A direct shipper may not
as follows: ship a container of wine of less than 250 milliliters and
may ship no more than 9,000 milliliters per shipment no
Sec. 1. 14 MRSA §6001, sub-§3, ¶A, as more than 12 times to any one recipient address in a cal-
amended by PL 2013, c. 324, §1, is further amended to
endar year.
read:
See title page for effective date.
A. Asserted the tenant's rights pursuant to section
6015, 6016, 6021 or section 6030‑D;
Sec. 2. 14 MRSA §6001, sub-§3, as amended CHAPTER 275
by PL 2019, c. 351, §2, is further amended by amending S.P. 548 - L.D. 1383
the 2nd blocked paragraph to read:
No A writ of possession may not issue in the absence of An Act to Regulate Insurance
rebuttal of the presumption of retaliation. Carrier Prior Authorization
See title page for effective date. Requirements for
Rehabilitative and Habilitative
Services
CHAPTER 273 Be it enacted by the People of the State of Maine
S.P. 121 - L.D. 255 as follows:
Sec. 1. 24-A MRSA §4304, sub-§1, as
An Act Regarding Campaign amended by PL 2007, c. 199, Pt. B, §13, is further
Finance Reports amended to read:
Be it enacted by the People of the State of Maine 1. Requirements for medical review or utiliza-
as follows: tion review practices. A carrier must shall appoint a
Sec. 1. 21-A MRSA §1017, sub-§3-A, ¶D-1, medical director who is responsible for reviewing and
as amended by PL 2009, c. 190, Pt. A, §5, is further approving the carrier's policies governing the clinical
amended to read: aspects of coverage determinations by any health plan
that it offers or renews. A carrier's medical review or
D-1. Reports must be filed no later than 11:59 p.m. utilization review practices must be governed by the
on the 42nd day before the date on which a general standard of medically necessary health care as defined
an election is held and must be complete as of the in this chapter. A carrier shall provide clear written pol-
49th day before that date, except that this report is icies and procedures to providers and enrollees on how
not required for candidates for municipal office, to obtain a prior authorization.
unless required by the municipality. Certified can-
didates and participating candidates, as defined un- Sec. 2. 24-A MRSA §4304-A is enacted to
der section 1122, subsections 1 and 6, respectively, read:
§4304-A. Prior authorization for rehabilitative or
habilitative services
479
PUBLIC LAW, C. 276 FIRST SPECIAL SESSION - 2023
1. Prior authorization for new episode of care voluntarily participating in the good stewardship pro-
prohibited for 12 visits. A carrier may not require gram of the American Hospital Association or its suc-
prior authorization for rehabilitative or habilitative ser- cessor organization:
vices, including, but not limited to, physical therapy ser- A. A description of how the hospital uses savings
vices, occupational therapy services or chiropractic ser-
vices, for the first 12 visits of each new episode of care. from participation in the 340B program to benefit
its community through programs and services
For purposes of this subsection, "new episode of care" funded in whole or in part by savings from the
means treatment for a new condition or treatment for a
recurring condition for which an enrollee has not been 340B program, including services that support
community access to care that the hospital could
treated within the previous 90 days. not continue without savings from the 340B pro-
2. Intent. This section does not limit the right of a gram;
carrier to deny a claim when an appropriate prospective
or retrospective review concludes that the health care B. The annual estimated savings from the 340B
program to the hospital, comparing the acquisition
services or treatment rendered were not medically nec- price of drugs under the 340B program to group
essary.
purchasing organization pricing. If group purchas-
See title page for effective date. ing organization pricing is not available for a drug
under the 340B program, the acquisition price for
that drug must be compared to a price from another
CHAPTER 276 acceptable pricing source;
S.P. 562 - L.D. 1395 C. A comparison of the hospital's estimated savings
under the 340B program to the hospital's total drug
An Act to Increase expenditures, including examples of the hospital's
Transparency Regarding top drugs purchased through the 340B program;
Certain Drug Pricing and
Programs D. A description of the hospital's internal review
Be it enacted by the People of the State of Maine and oversight of the 340B program, which must
as follows: meet the federal Department of Health and Human
Services, Health Resources and Services Admin-
Sec. 1. 22 MRSA §1728 is enacted to read: istration's program rules and guidance for compli-
§1728. Prescription drug transparency report ance.
1. Hospital defined. For purposes of this section, 3. Reporting. The Maine Health Data Organiza-
"hospital" means: tion shall produce and post on its publicly accessible
website a report that includes a summary of the aggre-
A. An acute care institution licensed and operating gate information received from hospitals required to re-
in this State as a hospital under section 1811 or the port under subsection 2. The Maine Health Data Organ-
parent of such an institution; or ization shall submit the report required by this subsec-
B. A hospital subsidiary or hospital affiliate in the tion to the Office of Affordable Health Care, as estab-
State that provides medical services or medically lished in Title 5, section 3122, the Maine Prescription
related diagnostic and laboratory services or en- Drug Affordability Board, as established in Title 5, sec-
gages in ancillary activities supporting those ser- tion 12004-G, subsection 14-I, and the joint standing
vices. committee of the Legislature having jurisdiction over
health data reporting and prescription drug matters.
2. Report on participation in federal 340B drug
program. Beginning January 1, 2024, each hospital See title page for effective date.
participating in the federal drug pricing program under
Section 340B of the federal Public Health Service Act,
42 United States Code, Section 256b, referred to in this CHAPTER 277
section as "the 340B program," shall provide an annual H.P. 967 - L.D. 1512
report to the Maine Health Data Organization. The
Maine Health Data Organization shall post the report on An Act to Require the
its publicly accessible website. Each hospital shall re- Consideration of Restitution to
port in a standardized format as agreed upon by the Support a Child Whose Parent
Maine Health Data Organization and the hospital, and Is Killed During the
include, at a minimum, the following information in the
report consistent with the annual reporting of hospitals Commission of a Crime
Be it enacted by the People of the State of Maine
as follows:
480
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 279
Sec. 1. 17-A MRSA §2002, sub-§3, ¶C, as ignated by the Maine Maritime Academy, a private sup-
enacted by PL 2019, c. 113, Pt. A, §2, is amended to port organization must be formed in accordance with
read: this subsection.
C. "Dependent's economic loss" means loss after a A. The designated organization must be incorpo-
decedent's death of contributions of things of eco- rated as a nonprofit corporation under the laws of
nomic value to the decedent's dependents, not in- the State, and its sole purpose, as reflected in its
cluding services they would have received from the bylaws, must be to organize and foster support for
decedent if the decedent had not suffered the fatal the Maine Maritime Academy and its programs.
injury, less expenses of the dependents avoided by
reason of decedent's death. B. The President of the Maine Maritime Academy,
or the president's designee, shall serve as a member
Sec. 2. 17-A MRSA §2002, sub-§3, ¶D, as of the private support organization's board of direc-
enacted by PL 2019, c. 113, Pt. A, §2, is amended to tors.
read:
C. The President of the Maine Maritime Academy
D. "Dependent's replacement loss" means loss rea- shall negotiate an annual memorandum of under-
sonably incurred by dependents after a decedent's standing between the Maine Maritime Academy
death in obtaining ordinary and necessary services and the private support organization that outlines a
in lieu of those the decedent would have performed plan of work identifying priority projects of mutual
for their benefit if the decedent had not suffered the benefit and cooperation. The private support organ-
fatal injury, less expenses of the dependents ization's board of directors may delegate aspects of
avoided by reason of the decedent's death and not the plan of work to the executive director or presi-
subtracted in calculating dependent's economic dent of the private support organization.
loss. D. The President of the Maine Maritime Academy
Sec. 3. 17-A MRSA §2003, sub-§2, as enacted may permit the appropriate use of fixed property,
by PL 2019, c. 113, Pt. A, §2, is amended to read: equipment and facilities of the Maine Maritime
Academy by the private support organization. Such
2. Reasons for not imposing restitution. In any
case where the court determines that restitution should use must be directly in keeping with the purpose of
the private support organization as set out in this
not be imposed in accordance with the criteria set forth section and must comply with all appropriate state
in section 2005, the court shall state in open court or in
writing the reasons for not imposing restitution, includ- policies and procedures.
ing, in a case involving a defendant convicted of an of- See title page for effective date.
fense that resulted in the death of a person who is a par-
ent of a minor, by specifically addressing the surviving
dependent's economic loss and dependent's replacement CHAPTER 279
loss and the reasons for not imposing restitution to com- S.P. 644 - L.D. 1627
pensate for those losses.
See title page for effective date. An Act to Improve Disclosure
of Lobbyist Activities
CHAPTER 278 Be it enacted by the People of the State of Maine
as follows:
S.P. 620 - L.D. 1556
Sec. 1. 3 MRSA §313, sub-§1, as enacted by
An Act to Provide a Private PL 2021, c. 114, §1, is amended to read:
Support Organization for the 1. Registration. No later than 15 business 10 cal-
Maine Maritime Academy endar days after lobbying more than 8 hours in a calen-
dar month on behalf of an employer, a lobbyist shall
Be it enacted by the People of the State of Maine submit a joint registration to the commission for the em-
as follows: ployer, the lobbyist and any lobbyist associates and pay
Sec. 1. 20-A MRSA §10016 is enacted to read: a registration fee of $250. The lobbyist shall pay an ad-
ditional $125 for each lobbyist associate included in the
§10016. Private support organization joint registration.
1. Designation of private support organization. See title page for effective date.
The President of the Maine Maritime Academy may
designate a nonprofit organization as the private support
organization for the Maine Maritime Academy. If des-
481
PUBLIC LAW, C. 280 FIRST SPECIAL SESSION - 2023
482
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 283
This section may not be construed to limit or re- practicable, but in no case at a rate less than
strict the rights of an individual to seek other available 50%. For purposes of this subsection, "recy-
remedies in a separate legal action. cle" includes, but is not limited to, the reuse of
See title page for effective date. waste generated within the State as defined in
section 1303‑C, subsection 40‑A, paragraph C;
the recovery of metals from waste; the use of
CHAPTER 283 waste or waste-derived product as material
substitutes in construction; and the use of
S.P. 276 - L.D. 718 waste as boiler fuel substitutes.
An Act to Facilitate the At least 50% of the waste that a solid waste
Management of Wastewater processing facility characterizes as recycled
under this subparagraph must have been re-
Treatment Plant Sludge at the used or recycled by the facility through meth-
State-owned Juniper Ridge ods other than placement of the waste in a solid
Landfill waste landfill, except that a solid waste pro-
Emergency preamble. Whereas, acts and re- cessing facility that was in operation during
solves of the Legislature do not become effective until calendar year 2018, that accepts exclusively
90 days after adjournment unless enacted as emergen- construction and demolition debris and that ac-
cies; and cepted more than 200,000 tons of such debris
in calendar year 2018 shall:
Whereas, following the enactment of changes to
the waste management laws under Public Law 2021, (a) Reuse or recycle at least 15% of such
chapter 626, the operator of the state-owned Juniper debris through methods other than place-
Ridge Landfill implemented limitations on the amount ment in a solid waste landfill by January
of sludge accepted for landfilling and imposed addi- 1, 2022 July 1, 2024;
tional and significant transportation and other sludge- (b) Reuse or recycle at least 20% of such
management related costs on municipal and quasi- debris through methods other than place-
municipal customers; and ment in a solid waste landfill by January
Whereas, implementation of the provisions in this 1, 2023 July 1, 2025;
legislation facilitates the landfilling of additional sludge (c) Reuse or recycle at least 30% of such
amounts at the state-owned landfill by providing addi- debris through methods other than place-
tional sludge bulking and stabilization material; and ment in a solid waste landfill by January
Whereas, as memorialized in a written pledge 1, 2024 July 1, 2026;
dated May 16, 2023 from the operator of the state- (d) Reuse or recycle at least 40% of such
owned landfill and provided to the Joint Standing Com- debris through methods other than place-
mittee on Environment and Natural Resources, the ment in a solid waste landfill by January
landfilling of those additional sludge amounts, as facil- 1, 2025 July 1, 2027; and
itated in this legislation, will eliminate the additional
transportation and sludge-management related costs the (e) Reuse or recycle at least 50% of such
operator has imposed on municipal and quasi-municipal debris through methods other than place-
customers as a result of the enactment of Public Law ment in a solid waste landfill by January
2021, chapter 626; and 1, 2026 July 1, 2028.
Whereas, in the judgment of the Legislature, Sec. 2. Temporary allowance for disposal
these facts create an emergency within the meaning of or placement of oversized bulky waste in land-
the Constitution of Maine and require the following leg- fill. Notwithstanding any provision of the Maine Re-
islation as immediately necessary for the preservation vised Statutes, Title 38, section 1303-C, subsection
of the public peace, health and safety; now, therefore, 40-A to the contrary, for the period beginning on the
effective date of this Act and ending July 1, 2025:
Be it enacted by the People of the State of Maine
as follows: 1. If in any 12-month period the total weight of the
residue generated by a solid waste processing facility
Sec. 1. 38 MRSA §1310-N, sub-§5-A, ¶B, as and disposed of or otherwise placed in a solid waste
amended by PL 2021, c. 626, §2, is further amended by landfill exceeds the total weight of the solid waste ini-
amending subparagraph (2) to read: tially generated within the State that was processed by
(2) A solid waste processing facility that gen- the facility in that 12-month period, such excess resi-
erates residue requiring disposal shall recycle due, not to exceed 25,000 tons in that 12-month period,
or process into fuel for combustion all waste is deemed to be waste generated within the State within
accepted at the facility to the maximum extent the meaning of Title 38, section 1303-C, subsection
483
PUBLIC LAW, C. 284 FIRST SPECIAL SESSION - 2023
484
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 284
must be valued, for purposes of this section, in the 1. Fund established. The Maine Working Farm-
amount of their appraised value. land Access and Protection Fund, referred to in this sec-
tion as "the fund," is established and is administered by
Sec. 3. 5 MRSA §6203, as amended by PL the board in cooperation with the Commissioner of Ag-
2021, c. 135, §3; c. 398, Pt. FFFF, §3; and c. 409, §1, is
riculture, Conservation and Forestry under the provi-
repealed. sions of this chapter and Title 7, section 164. The fund
Sec. 4. 5 MRSA §6203-A, sub-§1, as enacted consists of the proceeds from the sale of bonds autho-
by PL 1993, c. 728, §5, is amended to read: rized for the purposes set forth in subsection 3 and funds
received as contributions from private and public
1. Fund established. There is established the Pub-
lic Access to Maine Waters Fund that is administered sources for those purposes. The fund must be held sep-
arate and apart from all other money, funds and ac-
by the board. The Public Access to Maine Waters Fund counts. Eligible, except that eligible investment earn-
consists of the proceeds from the sale of bonds autho-
rized for the purposes set forth in subsection 3 and funds ings credited to the assets of the fund become part of the
assets of the fund Land for Maine's Future Trust Fund.
received as contributions from private and public Any balance remaining in the fund at the end of a fiscal
sources for those purposes. The Public Access to Maine
Waters Fund must be held separate and apart from all year must be carried forward for the next fiscal year.
other money, funds and accounts. Eligible, except that Sec. 8. 5 MRSA §6203-D is enacted to read:
eligible investment earnings credited to the assets of the
Public Access to Maine Waters Fund become part of the §6203-D. Land for Maine's Future Trust Fund
assets of that fund the Land for Maine's Future Trust 1. Fund established. There is established the
Fund. Any balance remaining in the Public Access to Land for Maine's Future Trust Fund that is administered
Maine Waters Fund at the end of a fiscal year must be by the board. The Land for Maine's Future Trust Fund
carried forward for the next fiscal year. consists of the proceeds from the sale of any bonds
authorized for the purposes set forth in subsection 2, el-
Sec. 5. 5 MRSA §6203-A, sub-§2, as enacted igible investment earnings of funds established under
by PL 1993, c. 728, §5, is repealed and the following
enacted in its place: this chapter and any funds received as contributions
from private and public sources for the purposes set
2. Grants; matching funds. The board may make forth in subsection 2. The Land for Maine's Future
grants to state agencies and designated cooperating en- Trust Fund must be held separate and apart from all
tities for the purposes identified in subsection 3. For other money, funds and accounts and eligible invest-
each grant made under this subsection, the board shall ment earnings credited to the assets of the Land for
require the grant recipient to provide matching funds at Maine's Future Trust Fund become part of the assets of
least equal to the amount of the grant. Grants must be that fund. Any balance remaining in the Land for
made according to rules adopted by the board. Rules Maine's Future Trust Fund at the end of any fiscal year
adopted pursuant to this subsection are routine technical must be carried forward for the next fiscal year.
rules as defined in chapter 375, subchapter 2‑A.
2. Fund proceeds. The proceeds of the Land for
Sec. 6. 5 MRSA §6203-B, sub-§1, as enacted Maine's Future Trust Fund may be applied and ex-
by PL 2011, c. 266, Pt. B, §3, is amended to read: pended to accomplish the purposes of the funds estab-
1. Fund established. The Maine Working Water- lished in sections 6203-A to 6203-C and 6203-E and
6203-F.
front Access Protection Fund, referred to in this section
as "the fund," is established and is administered by the Sec. 9. 5 MRSA §6203-E is enacted to read:
board in cooperation with the Commissioner of Marine
§6203-E. Conservation and Recreation Fund
Resources under the provisions of this chapter and Title
12, section 6031‑A. The fund consists of the proceeds 1. Fund established. There is established the
from the sale of bonds authorized for the purposes set Conservation and Recreation Fund that is administered
forth in subsection 3 and funds received as contribu- by the board. The Conservation and Recreation Fund
tions from private and public sources for those pur- consists of the proceeds from the sale of bonds autho-
poses. The fund must be held separate and apart from rized for the purposes set forth in subsection 3 and funds
all other money, funds and accounts. Eligible, except received as contributions from private and public
that eligible investment earnings credited to the assets sources for those purposes. The Conservation and Rec-
of the fund become part of the assets of the fund Land reation Fund must be held separate and apart from all
for Maine's Future Trust Fund. Any balance remaining other money, funds and accounts, except that eligible
in the fund at the end of a fiscal year must be carried investment earnings credited to the assets of the Con-
forward for the next fiscal year. servation and Recreation Fund become part of the assets
Sec. 7. 5 MRSA §6203-C, sub-§1, as enacted of the Land for Maine's Future Trust Fund. Any balance
remaining in the Conservation and Recreation Fund at
by PL 2021, c. 135, §4, is amended to read: the end of a fiscal year must be carried forward for the
next fiscal year.
485
PUBLIC LAW, C. 284 FIRST SPECIAL SESSION - 2023
2. Grants; matching funds. The board may make and public sources for those purposes. The Conserva-
grants to state agencies and designated cooperating en- tion Land Management Fund must be held separate and
tities for the purposes identified in subsection 3. For apart from all other money, funds and accounts, except
each grant made under this subsection, the board shall that eligible investment earnings credited to the assets
require the grant recipient to provide matching funds at of the Conservation Land Management Fund become
least equal to the amount of the grant. Grants must be part of the assets of the Land for Maine's Future Trust
made according to rules adopted by the board. Rules Fund. Any balance remaining in the Conservation Land
adopted pursuant to this subsection are routine technical Management Fund at the end of a fiscal year must be
rules as defined in chapter 375, subchapter 2‑A. carried forward for the next fiscal year.
3. Fund proceeds. The proceeds of the Conserva- 2. Grants; matching funds. The board may make
tion and Recreation Fund may be applied and expended grants to state agencies and designated cooperating en-
to: tities for the purposes identified in subsection 3. For
each grant made under this subsection, the board shall
A. Acquire property or an interest in property that
is determined by the board to be of statewide sig- require the grant recipient to provide matching funds at
least equal to the amount of the grant. Grants must be
nificance or for a community conservation project made according to rules adopted by the board. Rules
under the guidelines of this chapter;
adopted pursuant to this subsection are routine technical
B. When interest in land is acquired with proceeds rules as defined in chapter 375, subchapter 2‑A.
from the Conservation and Recreation Fund, fund
3. Fund proceeds. The proceeds of the Conserva-
minor capital improvements on such lands and on tion Land Management Fund may be applied and ex-
adjoining lands in the same ownership or under the
same management to improve accessibility, as long pended to:
as these improvements do not exceed 5% of the ap- A. Make capital improvements to enhance public
praised value of the acquired property; recreational opportunities on permanently con-
served state, municipal and private conservation
C. When land or interest in land is acquired with
proceeds from the Conservation and Recreation lands; and
Fund, fund minor capital investments in the stew- B. Enhance wildlife habitat protection on perma-
ardship and management of that land. Stewardship nently conserved state, municipal and private con-
and management investments under this paragraph servation lands.
must be held in a dedicated stewardship endow- Sec. 11. 5 MRSA §6204, sub-§6, as affected
ment and identified for use on the funded property.
Stewardship and management investments may not by PL 2011, c. 655, Pt. II, §11 and amended by c. 657,
Pt. X, §4, is further amended to read:
exceed 5% of the appraised value of the acquired
property; and 6. Assistance. The Department of Inland Fisheries
and Wildlife; the Department of Transportation; the De-
D. When land or interest in land for deer wintering
areas is acquired with proceeds from the Conserva- partment of Agriculture, Conservation and Forestry;
and all other state agencies shall provide staff support
tion and Recreation Fund pursuant to section 6207, and assistance considered necessary by the board to ful-
subsection 2, paragraph E, fund the development of
a management plan to provide for the land's contin- fill the objectives of this chapter. If agency assistance is
not available, consultants may be hired from the pro-
uing function as a deer wintering area, as long as ceeds of either the Land for Maine's Future Trust Fund
the cost of the plan and any investments related to
that land under paragraph C do not exceed 5% of or the Public Access to Maine Waters Fund to assist the
board in carrying out its responsibilities.
the appraised value of the acquired property. A
management plan developed under this paragraph Sec. 12. 5 MRSA §6206, sub-§1, ¶A, as
may also apply to adjoining deer wintering areas in amended by PL 1993, c. 728, §8, is further amended to
the same ownership or under the same manage- read:
ment.
A. Complete an assessment of the State's public
Sec. 10. 5 MRSA §6203-F is enacted to read: land acquisition needs and develop a strategy and
guidelines, based on that assessment, for use in al-
§6203-F. Conservation Land Management Fund
locating the proceeds of the Land for Maine's Fu-
1. Fund established. There is established the ture Trust Fund, the Conservation and Recreation
Conservation Land Management Fund that is adminis- Fund and the Public Access to Maine Waters Fund.
tered by the board. The Conservation Land Manage- Both the assessment and the development of a strat-
ment Fund consists of the proceeds from the sale of egy and guidelines must be conducted with oppor-
bonds authorized for the purposes set forth in subsec- tunities for participation by interested state agen-
tion 3 and funds received as contributions from private cies and the public;
486
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 284
Sec. 13. 5 MRSA §6206, sub-§1, ¶D, as Fund and the Public Access to Maine Waters Fund to
amended by PL 1993, c. 728, §8, is further amended to state agencies and cooperating entities for the acquisi-
read: tion of natural lands that meet the criteria set forth in
D. In accordance with the strategy and guidelines this chapter.
developed under paragraph A, authorize distribu- 2. Determination of statewide significance. In
tion of proceeds from the Land for Maine's Future determining whether a proposed acquisition must be
Trust Fund, the Conservation and Recreation Fund funded, in full or in part, by the Land for Maine's Future
and the Public Access to Maine Waters Fund for Trust Fund, the Conservation and Recreation Fund or
acquisitions of property or interests in property; the Public Access to Maine Waters Fund, the board
and shall consider whether the site is of statewide signifi-
Sec. 14. 5 MRSA §6206, sub-§1, ¶E, as cance and:
amended by PL 2007, c. 331, §1, is further amended to A. Contains recreation lands, prime physical fea-
read: tures of the Maine landscape, areas of special sce-
nic beauty, farmland or open space, undeveloped
E. On January 1st of every odd-numbered year, re-
port to the joint standing committee of the Legisla- shorelines, significant undeveloped archeological
sites, wetlands, fragile mountain areas or lands
ture having jurisdiction over matters pertaining to with other conservation, wilderness or recreation
state parks and public lands on expenditures from
the Land for Maine's Future Trust Fund, the Con- values;
servation and Recreation Fund and the Public Ac- B. Is habitat for plant or animal species or natural
cess to Maine Waters Fund and revisions to the communities considered rare, threatened or endan-
strategies and guidelines. This report must include gered in the State;
a description of access to land and interest in land C. Provides nonmotorized or motorized public ac-
acquired during the report period. If an acquisition
has been made that does not include guaranteed cess to recreation opportunities or those natural re-
sources identified in this section;
public vehicular access to the land acquired, the
board must provide justification for that acquisition D. Provides public water supply protection when
and a plan for continuing efforts to acquire guaran- that purpose is consistent and does not conflict with
teed public access to the land. This report must in- the natural resource conservation and recreation
clude a summary of the board's experience during purposes of this chapter; or
the reporting period with projects funded pursuant
E. Contains deer wintering areas and satisfies all
to section 6203 or 6203‑A, 6203-D or 6203-E and the requirements of subsection 3, paragraph A.
in which the land or interest in land is acquired by
a cooperating entity. This report must also include 3. Priorities. Whenever possible, the Land for
on a county-by-county basis a summary of the ex- Maine's Future Trust Fund, the Conservation and Rec-
penditures made by the board and acreage con- reation Fund and the Public Access to Maine Waters
served through acquisition of fee or less-than-fee Fund must be used for land acquisition projects when
interest by the board during the report period. Each matching funds are available from cooperating entities,
report must include cumulative totals by county of as long as the proposed acquisition meets all other cri-
acreage conserved through acquisition of fee or teria set forth in this chapter. For acquisitions funded
less-than-fee interest through action by the board. by the Land for Maine's Future Trust Fund and the Con-
servation and Recreation Fund, the board shall give pri-
The report must include maps based on available ority to projects that conserve lands with multiple out-
information and at a statewide level that show fed-
eral, state and other public lands and permanent in- standing resource or recreation values or a single excep-
tional value, that help the State's natural ecosystems,
terests in lands held for conservation purposes. wildlife and natural resource-based economies adapt to
The maps must also provide a representation of the
amount of land affected by conservation easements a changing climate, that provide geographic representa-
tion and that build upon or connect existing holdings.
under Title 33, chapter 7, subchapter 8‑A. Other
state agencies holding conservation lands and in- A. When evaluating projects to be funded, the
terests in lands held for conservation purposes shall board shall give a preferential consideration to
assist in the preparation of the maps. projects that conserve lands that have been deter-
mined by the Department of Inland Fisheries and
Sec. 15. 5 MRSA §6207, as amended by PL Wildlife to be important for conserving deer in
2021, c. 676, Pt. A, §4, is further amended to read:
northern, eastern and western Maine. To be given
§6207. Acquisition criteria preferential consideration under this paragraph, a
project must result in the acquisition of a fee inter-
1. Distribution of funds. The board shall autho-
rize the distribution of funds from the Land for Maine's est or an easement interest in the land, the depart-
Future Trust Fund, the Conservation and Recreation
487
PUBLIC LAW, C. 284 FIRST SPECIAL SESSION - 2023
ment's holding the interest in the land and the de- to the extent prohibited by applicable state, local or fed-
partment's managing the land area as a wildlife eral laws, rules and regulations and except for working
management area, as defined in Title 12, section waterfront projects and working farmland preservation
10001, subsection 74, with deer conservation as the projects.
highest management priority. Only projects that
satisfy the requirements of this paragraph may be Sec. 16. 5 MRSA §6209, sub-§1, as amended
by PL 1993, c. 728, §13, is further amended to read:
given preferential consideration. Nothing in this
paragraph limits the ability of the board to use the 1. Uses of funds. The board may use the Land for
Land for Maine’s Future Trust Fund or the Conser- Maine's Future Trust Fund, the Conservation and Rec-
vation and Recreation Fund to fund other projects reation Fund and the Public Access to Maine Waters
that may also help conserve deer or deer habitat but Fund to acquire real property in both fee and less-than-
that do not receive preferential consideration under fee simple interest, including, but not limited to, conser-
this paragraph. vation easements, access easements, scenic easements,
other permanent interests in land and long-term leases
When acquiring land or interest in land, the board shall of at least 99 years, provided that as long as those ac-
examine public vehicular access rights to the land and,
whenever possible and appropriate, acquire guaranteed quisitions are primarily natural lands meeting the crite-
ria set forth in this chapter.
public vehicular access as part of the acquisition.
4. Nonqualifying expenditures. The board may
Sec. 17. 5 MRSA §6209, sub-§5, as amended
by PL 1993, c. 728, §13, is further amended to read:
not fund:
5. Land evaluated. All lands acquired with
A. Facilities for organized recreational activities,
including, but not limited to, ballparks, tennis money from the Land for Maine's Future Trust Fund,
the Conservation and Recreation Fund or the Public Ac-
courts or playgrounds; cess to Maine Waters Fund must be evaluated for rare,
B. Except as provided in section 6203, subsection threatened or endangered species of plants and animals,
3, paragraph B and section 6203‑A, subsection 3, exemplary natural communities, features of historic sig-
paragraph B, section 6203-D, subsection 2 and sec- nificance and other high priority natural features and
tion 6203-E, subsection 3, paragraph B, capital im- ecologic functions as determined by the board, with ref-
provements on any publicly owned facilities; and erence to the best inventory data available to the State.
Subsequent management by state agencies holding
C. The acquisition of land of which the primary
use value has been and will be as commercially har- properties found to have such important features and
functions must reflect the objective of maintaining and
vested or harvestable forest land. protecting those features and functions.
5. Estimation of monitoring and management Sec. 18. 5 MRSA §6211, sub-§3, as amended
costs. Prior to final approval of a project under this
chapter, a person submitting a proposal to acquire prop- by PL 1999, c. 731, Pt. H, §1, is further amended to
read:
erty or an interest in property with funding from the
Land for Maine's Future Trust Fund, the Conservation 3. Distribution of proceeds. Funds received by
and Recreation Fund or the Public Access to Maine Wa- the Land for Maine's Future Board under the agreement
ters Fund shall provide: with the financial institution, credit union or other credit
card issuer must be deposited in a separate, interest-
A. A description of the management envisioned for bearing account within the Land for Maine's Future
the property for the first 10 years following acqui-
sition. When the application proposes acquiring an Trust Fund. The account must be held separate and
apart from all other money, funds and accounts. Eligi-
interest in property, the application must provide a ble investment earnings credited to the assets of the ac-
description of the anticipated management respon-
sibilities retained by the landowner and those to be count become part of the assets of the account. Any
balance remaining in the account at the end of any fiscal
assumed by the State or a cooperating entity; year must be carried forward to the next fiscal year.
B. Preliminary estimates of the costs to the State Notwithstanding section 6203 6203-D, subsection 3 2,
or a cooperating entity of managing the land for the the board may expend funds deposited in the account
uses proposed in the application; and pursuant to this section to cover administrative costs
C. Preliminary estimates of the costs associated and for staff support and consulting services, as deter-
mined necessary by the board to carry out its duties un-
with monitoring compliance with an easement der this chapter.
when an interest in land is acquired.
6. Public uses. Hunting, fishing, trapping and
Sec. 19. 7 MRSA §163, sub-§2, as enacted by
public access may not be prohibited on land acquired PL 2009, c. 356, Pt. A, §2, is amended to read:
with proceeds from the Land for Maine's Future Trust 2. Benefits. The commissioner shall review bene-
Fund or the Conservation and Recreation Fund, except fits accruing to participants in agricultural districts in
488
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 284
other states. Prior to initiating the pilot program, the Sec. 22. Appropriations and alloca-
commissioner shall develop a description of potential tions. The following appropriations and allocations
benefits accruing to participants in a pilot program. Po- are made.
tential benefits may include, but are not limited to, scor- AGRICULTURE, CONSERVATION AND
ing bonuses for competitive grants, loans or business
assistance programs and for project proposals screened FORESTRY, DEPARTMENT OF
for submission to the Land for Maine's Future Trust Conservation and Recreation Fund N461
Fund under Title 5, section 6203 6203-D or the Conser-
vation and Recreation Fund under Title 5, section Initiative: Provides allocations to establish a fund and
allow expenditures.
6203-E. The commissioner shall consult with other
agencies administering programs affected by the pro- OTHER SPECIAL 2023-24 2024-25
posed benefits. REVENUE FUNDS
All Other $500 $500
Sec. 20. 12 MRSA §10109, sub-§1-A, as en- __________ __________
acted by PL 2021, c. 409, §5, is amended to read: OTHER SPECIAL REVENUE $500 $500
FUNDS TOTAL
1-A. Acquisition of land; deer wintering areas.
The commissioner shall identify areas that are im- Conservation Land Management Fund N462
portant to the conservation of deer in northern, eastern
and western Maine, and may acquire these lands, in- Initiative: Provides allocations to establish a fund and
cluding with funds provided by the Land for Maine's allow expenditures.
Future Trust Fund or the Conservation and Recreation OTHER SPECIAL 2023-24 2024-25
Fund in accordance with Title 5, section 6207. These REVENUE FUNDS
lands must be designated as wildlife management areas All Other $500 $500
and managed with deer conservation as the highest __________ __________
management priority, and the commissioner shall en- OTHER SPECIAL REVENUE $500 $500
FUNDS TOTAL
sure that appropriate deed restrictions are placed on the
land that reflect these priorities. The commissioner Land for Maine's Future Trust Fund N460
shall also develop appropriate purchase and sale agree-
ments that ensure that deer wintering areas on land to Initiative: Provides allocations to authorize expendi-
be acquired pursuant to this subsection are preserved as tures to accomplish the purposes of the funds estab-
deer wintering areas prior to purchase. Beginning Jan- lished in the Maine Revised Statutes, Title 5, chapter
uary 15, 2023 and annually thereafter, the department 353.
shall report to the joint standing committee of the Leg- OTHER SPECIAL 2023-24 2024-25
islature having jurisdiction over inland fisheries and REVENUE FUNDS
wildlife matters on the acquisition and management of All Other $37,663,659 $500
deer wintering areas. __________ __________
OTHER SPECIAL REVENUE $37,663,659 $500
Sec. 21. Transfer to Department of Agricul- FUNDS TOTAL
ture, Conservation and Forestry, Land for
Maine's Future Trust Fund. Notwithstanding any AGRICULTURE,
provision of law to the contrary, upon the repeal pursu- CONSERVATION AND
ant to this Act of the Land for Maine's Future Fund es- FORESTRY, DEPARTMENT
tablished under the Maine Revised Statutes, Title 5, sec- OF
tion 6203, the State Controller shall transfer all funds in DEPARTMENT TOTALS 2023-24 2024-25
the Department of Agriculture, Conservation and For-
OTHER SPECIAL $37,664,659 $1,500
estry, Land for Maine's Future - Community Conserva- REVENUE FUNDS
tion Projects Other Special Revenue Funds account to __________ __________
the Land for Maine's Future Trust Fund established un- DEPARTMENT TOTAL - $37,664,659 $1,500
der Title 5, section 6203-D. Notwithstanding Title 5, ALL FUNDS
section 6203-D, subsection 2, the department shall dis-
burse these funds in accordance with Public Law 2021, Emergency clause. In view of the emergency
chapter 398, Part FFFF, section 8. Notwithstanding any cited in the preamble, this legislation takes effect when
provision of law to the contrary, upon the repeal pursu- approved.
ant to this Act of the Land for Maine's Future Fund, the Effective June 23, 2023.
State Controller shall transfer all funds in the Depart-
ment of Agriculture, Conservation and Forestry, Land
for Maine's Future Fund Other Special Revenue Funds
account to the Land for Maine's Future Trust Fund.
489
PUBLIC LAW, C. 285 FIRST SPECIAL SESSION - 2023
490
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 287
A. Contributions or gifts to political candidates, po- Sec. 2. 35-A MRSA §302-A, as enacted by PL
litical parties, political or legislative committees or 2005, c. 204, §1, is amended to read:
any committee or organization working to influ-
§302-A. Rules governing political activities, promo-
ence referendum petitions or elections; tional advertising, charitable contributions,
B. Contributions to a trade association, chamber of educational expenditures and institutional
commerce or public charity, including, but not lim- advertising
ited to, a charity managed by the public utility or
Rules adopted by the The commission shall adopt
affiliated interest. This paragraph does not apply to rules necessary to implement section 302, including, but
a consumer-owned water utility;
not limited to, rules concerning promotional advertis-
C. Expenditures for lobbying or grassroots lobby- ing; promotional allowances, including, but not limited
ing; and to, the granting of promotional rebates or credits; adver-
D. Educational expenditures, as defined by the tising to promote corporate image or goodwill; contri-
butions to public charities as defined in Title 5, section
commission by rule under section 302-A, unless 194, subsection 1; educational expenditures; or political
approved by the commission as serving a public in-
terest. Educational expenditures include expendi- activities, including major political activities, by a pub-
lic utilities utility or an affiliated interest as defined in
tures relating to information delivered to the public section 707, subsection 1, paragraph A. Rules adopted
or to public utility customers by radio, television,
the Internet, print and other media or through spon- under this section are major substantive routine tech-
nical rules as defined in Title 5, chapter 375, subchapter
sorships, paid endorsements and public relations 2‑A. Rules on these matters in effect on the effective
campaigns. This paragraph does not apply to a
consumer-owned transmission and distribution date of this section remain in effect and do not require
legislative approval but any changes to such rules are
utility or a consumer-owned water utility. subject to review and approval in accordance with Title
3. Political, charitable and educational expenses 5, chapter 375, subchapter 2‑A.
annual report. A public utility shall file a report annu-
ally with the commission containing a written, itemized Sec. 3. Rulemaking. By November 1, 2023, the
Public Utilities Commission shall initiate rulemaking to
description of any expenses that may not be included or amend its rules under the Maine Revised Statutes, Title
incorporated in the public utility's operating expenses
under subsection 2. The report must also include a writ- 35-A, section 302-A to implement the requirements of
this Act. The commission's rules may not require public
ten, itemized description of the expenses that may not utilities to file more than one annual report related to
be included or incorporated in the public utility's oper-
ating expenses under subsection 2 that are relevant to advertising and political activities except as required
under Title 35-A, section 302, subsection 4.
the business interests of the public utility paid by a
membership organization, as defined by the commis- See title page for effective date.
sion by rule under section 302-A, of which the public
utility is a member. For each expense, the report must
include the date, the payee, the amount and a descrip- CHAPTER 287
tion of the purpose of the expense. S.P. 365 - L.D. 868
4. Major political activities quarterly report. In
addition to the report required under subsection 3, if a An Act to Extend the
public utility or an affiliated interest engages in major Protections of the Maine Civil
political activities, as defined by the commission by rule Rights Act to Actions That
under section 302-A, the public utility shall file a quar- Cause Emotional Distress or
terly report containing a written description of those Fear of Violence
major political activities and the expenditures associ-
ated with those activities. For each expenditure, the re- Be it enacted by the People of the State of Maine
port must include the date, the payee, the amount and a as follows:
description of the purpose of the expenditure. Sec. 1. 5 MRSA §4681, sub-§1, as enacted by
5. Public inspection. The public utility shall make PL 2001, c. 50, §1, is amended to read:
available for public inspection all materials filed with 1. Interference with rights; action by Attorney
the commission in accordance with subsections 3 and 4. General. Whenever any person, whether or not acting
The commission shall make available the annual reports under color of law, intentionally interferes or attempts
filed by public utilities in accordance with this section to intentionally interfere by physical force or violence
on its publicly accessible website with notice of the against a person, damage or destruction of property or
availability of the reports prominently displayed on the trespass on property or by the threat of physical force or
website. violence against a person, damage or destruction of
491
PUBLIC LAW, C. 288 FIRST SPECIAL SESSION - 2023
property or trespass on property with the exercise or en- A. Violates section 4684-B; or
joyment by any other person of rights secured by the
United States Constitution or the laws of the United B. Intentionally interferes or attempts to intention-
ally interfere with the exercise or enjoyment by any
States or of rights secured by the Constitution of Maine other person of those secured rights by:
or laws of the State or violates section 4684‑B, the The
Attorney General may bring a civil action for injunctive (1) Physical force or violence against a per-
or other appropriate equitable relief in order to protect son;
the peaceable exercise or enjoyment of the rights se-
cured. by the United States Constitution or the laws of (2) Damage or destruction of property or tres-
pass on property;
the United States or of the rights secured by the Consti-
tution of Maine or the laws of the State whenever any (3) Threatening physical force or violence
person, whether or not acting under color of law: against a person;
A. Violates section 4684-B; or (4) Threatening damage or destruction of
B. Intentionally interferes or attempts to intention- property or trespass on property; or
ally interfere with the exercise or enjoyment by any (5) Engaging in any conduct that would cause
other person of those secured rights by: a reasonable person to suffer emotional dis-
tress or to fear death or bodily injury to that
(1) Physical force or violence against a per-
son; person or to a close relation. For purposes of
this subparagraph, "close relation" and "emo-
(2) Damage or destruction of property or tres- tional distress" have the same meanings as in
pass on property; Title 17-A, section 210-A, subsection 2, para-
graph B and paragraph D, respectively.
(3) Threatening physical force or violence
against a person; Sec. 3. 5 MRSA §4684-A, as amended by PL
2021, c. 366, §23, is further amended to read:
(4) Threatening damage or destruction of
property or trespass on property; or §4684-A. Civil rights
(5) Engaging in any conduct that would cause For purposes of this chapter and Title 17, section
a reasonable person to suffer emotional dis- 2931, a person has the right to engage in lawful activi-
tress or to fear death or bodily injury to that ties without being subject to physical force or violence,
person or to a close relation. For purposes of damage or destruction of property, trespass on property
this subparagraph, "close relation" and "emo- or, the threat of physical force or violence, damage or
tional distress" have the same meanings as in destruction of property or trespass on property or any
Title 17-A, section 210-A, subsection 2, para- conduct that would cause a reasonable person to suffer
graph B and paragraph D, respectively. emotional distress or to fear death or bodily injury to
that person or a close relation motivated by reason of
Sec. 2. 5 MRSA §4682, sub-§1-A, as reallo- race, color, religion, sex, ancestry, national origin,
cated by RR 2001, c. 1, §11, is amended to read:
physical or mental disability, sexual orientation or gen-
1-A. Interference with rights; private actions. der identity. For purposes of this section, "close rela-
Whenever any person, whether or not acting under color tion" and "emotional distress" have the same meanings
of law, intentionally interferes or attempts to intention- as in Title 17-A, section 210-A, subsection 2, paragraph
ally interfere by physical force or violence against a per- B and paragraph D, respectively.
son, damage or destruction of property or trespass on
See title page for effective date.
property or by the threat of physical force or violence
against a person, damage or destruction of property or
trespass on property with the exercise or enjoyment by CHAPTER 288
any other person of rights secured by the United States
Constitution or the laws of the United States or of rights H.P. 676 - L.D. 1040
secured by the Constitution of Maine or laws of the
State or violates section 4684‑B, the A person whose An Act to Require
exercise or enjoyment of these the rights secured by the Reimbursement for
United States Constitution or the laws of the United Gender-affirming Care for
States or of the rights secured by the Constitution of MaineCare Members
Maine or the laws of the State has been interfered with,
or attempted to be interfered with, may institute and Be it enacted by the People of the State of Maine
prosecute in that person's own name and on that person's as follows:
own behalf a civil action for legal or equitable relief. Sec. 1. 22 MRSA §3174-KKK is enacted to
whenever any person, whether or not acting under color read:
of law:
492
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 290
493
PUBLIC LAW, C. 291 FIRST SPECIAL SESSION - 2023
the result of a real estate brokerage service pro- Registration applications received by the Secretary of
vided by the provider. State from outside agencies 30 days or more before an
election must be transferred to the appropriate regis-
3. Unfair trade practice. A violation of subsec-
tion 2 is a violation of the Maine Unfair Trade Practices trar's office within 7 business days of receipt. Registra-
tion applications received by the Secretary of State from
Act. outside agencies less than 30 days before an election
4. Unenforceable; recording prohibited. A must be transferred to the appropriate registrar's office
long-term agreement in violation of subsection 2 is un- within 5 business days of receipt. Registration applica-
enforceable. A person may not record or cause to be re- tions submitted online must be received by the Secre-
corded a long-term agreement in violation of subsection tary of State by midnight on the 21st day before election
2. A long-term agreement in violation of subsection 2 day the deadline for registration set forth in section
recorded in the State does not provide actual or con- 121-A and must be transmitted to the appropriate regis-
structive notice against an otherwise bona fide pur- trar's office daily the next business day following re-
chaser or creditor. If a long-term agreement is recorded ceipt. Registration applications transmitted by the De-
in violation of this subsection, a party with an interest partment of the Secretary of State, Bureau of Motor Ve-
in the residential real estate that is the subject of that hicles pursuant to section 232 or by a source agency
long-term agreement may apply to a District Court or other than the Bureau of Motor Vehicles pursuant to
Superior Court in the county where the recording oc- section 233 must be received by the Secretary of State
curred for an order declaring the long-term agreement by the deadline for registration set forth in section
void and of no effect. 121-A and must be transmitted to the appropriate regis-
trar's office the next business day following receipt.
5. Rights of recovery. If a long-term agreement
is recorded in violation of subsection 4, a party with an Registration applications by mail or by a 3rd person
must be received in the registrar's office by the close of
interest in the residential real estate that is the subject of business on the 21st day before election day in order for
the long-term agreement may recover actual damages,
costs and attorney's fees as may be proven against the persons' names to appear on the incoming voting list for
that election. The 20-day period before the election is
party who recorded that long-term agreement. the closed period for outside registrations, except for
6. Mechanic's lien. Nothing in this section affects those registration applications transmitted by the dead-
a lien on residential real estate established under Title line for registration set forth in section 121-A by the
10, section 3251. Department of the Secretary of State, Bureau of Motor
See title page for effective date. Vehicles pursuant to section 232 or by a source agency
other than the Bureau of Motor Vehicles pursuant to
section 233. The registrar shall send the notice required
CHAPTER 291 by section 122 no later than the 18th day before election
day to all voters whose applications were submitted
H.P. 858 - L.D. 1344 online, submitted by mail or submitted by a 3rd person
as long as the registrar received the application by the
An Act to Improve the State's 21st day before election day.
Election Laws by Amending
A person who registers in person shall show proof of
the Laws Relating to identity and residency. If satisfactory proof of identity
Automatic Voter Registration and residency can not cannot be provided to the regis-
Be it enacted by the People of the State of Maine trar or deputy, the person's name is entered into the cen-
as follows: tral voter registration system and placed on the incom-
ing voting list and the person casts a challenged ballot.
Sec. 1. 21-A MRSA §121, sub-§1-A, as If the person shows satisfactory proof of identity and
amended by PL 2021, c. 439, §2 and affected by §15, is residency prior to voting on election day, the person's
further amended to read: ballot is not challenged.
1-A. Identification and proof. Registration ap- Sec. 2. 21-A MRSA §121-A, as amended by PL
plications taken by outside agencies must be transferred 2021, c. 439, §3 and affected by §15, is further amended
to the Secretary of State within 5 days of receipt. An to read:
applicant who attempts to register within 30 days of an
election must be advised that the registrar might not re- §121-A. Deadline for registration
ceive the application before the deadline for online, The deadline for receipt of voter registration appli-
mail or 3rd-person registration or for automatic voter cations submitted by mail or by a 3rd person is the close
registration set forth in section 121‑A, but that the ap- of business on the 21st day before election day. The
plicant may register in person no later than the deadline deadline for receipt of voter registration applications
for in-person registration set forth in section 121‑A. submitted online is midnight on the 21st day before
494
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 293
election day. The deadline for receipt of voter registra- O. No later than July 1, 2020, adopt, amend and
tion applications transmitted by the Department of the maintain an appendix to the Maine Uniform Build-
Secretary of State, Bureau of Motor Vehicles pursuant ing and Energy Code as an optional part of the code
to section 232 or by a source agency other than the Bu- that contains energy conservation and efficiency
reau of Motor Vehicles pursuant to section 233 is mid- requirements that are based on established national
night on the 7th day before election day. The deadline voluntary efficiency standards that exceed the en-
for in-person registration is the close of the polls on ergy code requirements established in the Maine
election day. Uniform Building and Energy Code. As the code
is updated, the board shall ensure that the energy
Sec. 3. 21-A MRSA §130, as amended by PL conservation and efficiency requirements in the ap-
2021, c. 439, §5 and affected by §15, is further amended
pendix continue to exceed the requirements estab-
to read: lished in the Maine Uniform Building and Energy
§130. Applications for voter registration Code. The appendix must be made available for
voluntary adoption by any municipality. The board
A person who completes a written or online voter shall maintain a list of municipalities that have vol-
registration application, as provided in section 152, may
submit the application online, mail the application or untarily adopted the appendix to the Maine Uni-
form Building and Energy Code on its publicly ac-
have the application delivered to the registrar in the per- cessible website; and
son's municipality of residence before the deadline for
online, mail or 3rd-person registrations in section Sec. 2. 10 MRSA §9722, sub-§6, ¶P, as en-
121‑A, to be entered into the central voter registration acted by PL 2021, c. 524, §3, is amended to read:
system and placed on the incoming voting list prior to
the next election; except that applications completed P. Ensure, through the adoption of necessary
amendments, that the Maine Uniform Building and
under section 122, subsection 5 may be delivered during Energy Code expressly allows the installation and
the closed period for immediate placement on the in-
coming voting list. A voter registration application use of acceptable refrigeration or air conditioning
products or equipment as defined in section 9724,
transmitted by the Department of the Secretary of State, subsection 7.; and
Bureau of Motor Vehicles pursuant to section 232 or by
a source agency other than the Bureau of Motor Vehi- Sec. 3. 10 MRSA §9722, sub-§6, ¶Q is en-
cles pursuant to section 233 to the appropriate registrar's acted to read:
office before the deadline in section 121-A must be en-
tered into the central voter registration system and Q. No later than December 1, 2023, adopt the
standards set forth in the Canadian Standards As-
placed on the incoming voting list prior to the next elec- sociation Standard for Residential Mechanical
tion.
Ventilation Systems, CAN/CSA-F326-M91, as an
Sec. 4. Effective date. This Act takes effect Feb- alternative path for compliance with the ASHRAE
ruary 1, 2024. Standard 62.2 Ventilation and Acceptable Indoor
Effective February 1, 2024. Air Quality in Low-Rise Residential Buildings un-
der the Maine Uniform Building and Energy Code.
For purposes of this paragraph, "ASHRAE" has the
CHAPTER 292 same meaning as in section 1413, subsection 1.
H.P. 867 - L.D. 1353 See title page for effective date.
495
PUBLIC LAW, C. 294 FIRST SPECIAL SESSION - 2023
of one year or more and the condition of release vi- 5. Correction of certificate of death. A certifi-
olated is one specified in section 1026, subsection cate of death filed in accordance with this section may
3, paragraph A, subparagraph (5), or (8), (10-A) or be completed or amended at any time by means de-
(13). scribed in rules adopted by the department. The health
care provider who certified the death in accordance with
See title page for effective date. subsection 2‑A may sign the forms, submit an electronic
amendment or file a certificate using the electronic
CHAPTER 294 death registration system in accordance with section
2847. A health care provider may amend a certificate
H.P. 962 - L.D. 1507 of death with respect to the time, date, place and cir-
cumstances of death as well as the gender of the indi-
An Act to Ensure the Accuracy vidual who died. Forms or electronic amendments may
of Vital Records with Respect be filed at any time after death.
to Gender See title page for effective date.
Be it enacted by the People of the State of Maine
as follows:
CHAPTER 295
Sec. 1. 22 MRSA §2705, sub-§7 is enacted to
read: H.P. 1231 - L.D. 1926
7. Amendment of marriage certificate following An Act to Impose a
gender marker change. Amendment of a marriage Moratorium on New Point
certificate following gender marker change is governed Source Waste Discharge
by section 2805.
Licenses on the Lower
Sec. 2. 22 MRSA §2805 is enacted to read: Presumpscot River
§2805. New marriage certificate following gender Be it enacted by the People of the State of Maine
marker change as follows:
1. New marriage certificate. Upon receipt of an Sec. 1. 38 MRSA §467, sub-§9, ¶A, as
application that meets the requirements established by amended by PL 2021, c. 551, §§43 and 44, is further
the department by rule, the State Registrar of Vital Sta- amended by amending subparagraph (4) to read:
tistics shall issue a new marriage certificate of a person
married in this State to reflect a change of gender of the (4) From Saccarappa Falls, also known as
person and, if requested at the same time, to reflect the Sacarappa Falls, to tidewater - Class C. For the
new first and middle names of the person. Notwith- period beginning October 15, 2023 and ending
standing section 2705, the new certificate may not be January 1, 2028, there may be no new direct
marked "amended." discharges to this segment except for any new
direct storm water discharges licensed under
2. Original marriage certificate sealed. When a section 413, section 420-D or article 6.
new marriage certificate is issued under subsection 1,
the state registrar shall provide a copy of the new mar- See title page for effective date.
riage certificate to each municipal clerk who is required
by law to have a copy of the marriage certificate on file. CHAPTER 296
All copies of the original marriage certificate in the cus-
tody of any municipal clerk must be sealed from inspec- S.P. 816 - L.D. 1987
tion or surrendered to the state registrar as the state reg-
istrar directs. An Act to Allow the Adjutant
Sec. 3. 22 MRSA §2842, sub-§1-A is enacted General to Sell the Calais
to read: Armory
1-A. Designation of gender. A death certificate Be it enacted by the People of the State of Maine
for an individual must reflect the desired gender identity as follows:
of the individual who has died if the person signing the Sec. 1. 37-B MRSA §264, sub-§3, ¶S, as
certificate is aware of that desire either through a valid amended by PL 2023, c. 33, §2, is further amended to
living will, advance health care directive or other rec- read:
ord, including a record prepared by someone other than
the individual. S. The South Portland Air National Guard Station,
located on Western Avenue, South Portland, by
Sec. 4. 22 MRSA §2842, sub-§5, as enacted by means of a quitclaim deed as long as the purchaser
PL 2019, c. 340, §16, is amended to read: agrees to indemnify and hold harmless the State
496
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 297
from all claims, including any environmental diagnosis, treatment or health status that identifies
clean‑up costs that may arise in connection with the an individual covered under the group contract or
land or the buildings constituting the station; and policy.
Sec. 2. 37-B MRSA §264, sub-§3, ¶T, as en- C. "Loss ratio" means the ratio between the
acted by PL 2023, c. 33, §3, is amended to read: amount of premium received and the amount of
claims paid by the insurer under the group insur-
T. The Houlton Armory, located at 86 Pleasant ance contract or policy.
Street, Houlton, by means of a quitclaim deed as
long as the purchaser agrees to indemnify and hold 2. Disclosure of basic loss information. Upon
harmless the State from all claims, including any written request, every insurer shall provide loss infor-
environmental clean-up costs that may arise in con- mation, in accordance with the minimum requirements
nection with the land or the buildings constituting of paragraph A, concerning a group policy or contract
the armory.; and to its policyholder, to a former policyholder or to a
school administrative unit pursuant to Title 20‑A, sec-
Sec. 3. 37-B MRSA §264, sub-§3, ¶U is en- tion 1001, subsection 14, paragraph E within 21 busi-
acted to read:
ness days of the date of the request. This subsection
U. The Calais Armory, located at 53 Calais Ave- does not apply to a former policyholder whose coverage
nue, Calais, by means of a quitclaim deed as long terminated more than 18 months prior to the date of a
as the purchaser agrees to indemnify and hold request. For the purposes of this subsection, "school
harmless the State from all claims, including any administrative unit" has the same meaning as in Title
environmental clean-up costs that may arise in con- 20‑A, section 1, subsection 26.
nection with the land or the buildings constituting The loss information provided by an insurer must in-
the armory.
clude:
See title page for effective date.
A. A minimum of 24 months of claims data or, if
that period is less than 24 months, claims data for
CHAPTER 297 the period the policyholder, former policyholder or
school administrative unit has been insured by the
H.P. 887 - L.D. 1373 insurer;
An Act to Allow Employers to B. The aggregate claims and loss ratio by month
Shop for Competitive Health with the total medical and pharmacy claims pro-
vided separately for each month; and
Plan Options by Expanding the
Disclosure of Health Claims C. High-cost claimant reports when there are more
Information than 25 enrollees covered under the group policy.
High-cost claimant reports must coincide with the
Be it enacted by the People of the State of Maine time frames of any loss ratio reports and must in-
as follows: clude, at a minimum, enrollment status of active or
Sec. 1. 24-A MRSA §2803-A, as amended by terminated insureds and primary diagnosis.
PL 2015, c. 420, §2, is further amended to read: 3. Transmittal of request. An insurance contrac-
§2803-A. Loss information tor or producer or other authorized representative who
receives a request for loss information in accordance
1. Definitions. As used in this section, unless the with this section shall transmit the request for loss in-
context otherwise indicates, the following terms have formation to the insurer within 4 business days. An in-
the following meanings. surer receiving a disclosure request under subsection 2
A. "Insurance policy" means the insurance policy may transmit high-cost claimant data directly to another
relating to the loss information requested pursuant insurer or underwriter, or to a contractor or producer
to this section. that has signed with that insurer a business associate
agreement that is in accordance with 45 Code of Federal
A-1. "High-cost claimant" means an individual in- Regulations, Sections 164.502(e) and 164.504(e), for
sured whose aggregate claims exceed $50,000 dur- the purpose of securing quotes, developing actuarial re-
ing the 12-month period preceding the request for ports, facilitating claim management or other activities
loss information. related to quoting or managing the group health plan
B. "Loss information" means the aggregate claims sponsored by the requesting group policyholder.
experience of the group insurance policy or con- 4. Exception. An insurer is not required to provide
tract. "Loss information" includes the amount of the loss information described in this section for a group
premium received, the amount of claims paid and
the loss ratio. "Loss information" does not include
any information or data pertaining to the medical
497
PUBLIC LAW, C. 298 FIRST SPECIAL SESSION - 2023
that is eligible for small group coverage pursuant to sec- 3. Previous consent. Evidence of consent to en-
tion 2808‑B. gage in a previous sexual act without a condom does not
by itself demonstrate consent for engaging in a subse-
See title page for effective date.
quent sexual act without a condom.
4. No limitation. The provisions of this chapter
CHAPTER 298 may not be construed to prohibit or limit any other cause
H.P. 1082 - L.D. 1683 of action that a person may have against another person
who performs an action described by subsection 2.
An Act to Provide for Civil Sec. 2. 19-A MRSA §1653, sub-§6-D is en-
Recovery Based on acted to read:
Nonconsensual Removal of or 6-D. Considerations for cases in which a child is
Tampering with a Condom and conceived as a result of sexual assault or nonconsen-
Considering Sexual Assault in sual removal of or tampering with a condom. The
Evaluating Parental Rights court shall establish conditions of parent-child contact
Be it enacted by the People of the State of Maine in cases in which a child was conceived as a result of
as follows: sexual assault as described in Title 17-A, chapter 11 or
as a result of nonconsensual removal of or tampering
Sec. 1. 14 MRSA c. 750 is enacted to read: with a condom as described in Title 14, section 8305,
CHAPTER 750 subsection 2 as follows.
CIVIL RECOVERY FOR NONCONSENSUAL A. In evaluating parental rights and responsibili-
REMOVAL OF OR TAMPERING WITH A ties, the court shall evaluate the specific facts of the
CONDOM case to assess:
§8305. Civil recovery for nonconsensual removal of (1) Whether the sexual assault or nonconsen-
or tampering with a condom sual removal of or tampering with a condom
indicates that there may be safety concerns for
1. Definitions. As used in this chapter, unless the the child;
context otherwise indicates, the following terms have
the following meanings. (2) Whether it would be in the best interest of
the child for the parent who committed sexual
A. "Compensatory damages" includes, but is not assault or nonconsensual removal of or tam-
limited to, past and future medical expenses, lost pering with a condom to receive any specific
earnings, pain, suffering, mental anguish, emo- counseling or treatment; and
tional distress and loss of enjoyment of life.
(3) Any effect contact between the parents
B. "Sexual act" has the same meaning as in Title would have on the parent who was a victim of
17-A, section 251, subsection 1, paragraph C. sexual assault or nonconsensual removal of or
C. "Tamper" means to alter or use an item in a way tampering with a condom.
that renders the item ineffective. In response to this evaluation, the court shall order
2. Civil action; relief. A person who engages in a any conditions the court concludes are appropriate
consensual sexual act with another person with the un- to meet the child’s best interest while minimizing
derstanding that a condom would be used during the the effect on the parent who experienced the sexual
sexual act may bring a civil action against the other per- assault or nonconsensual removal of or tampering
son for actual damages, compensatory damages, puni- with a condom. The court may order specific con-
tive damages, injunctive relief, any combination of ditions, including but not limited to limiting the
those or any other appropriate relief based on the non- contact between the parents or limiting or putting
consensual removal of or tampering with a condom if specific conditions on parent-child contact, includ-
the other person: ing supervision.
A. Knowingly removes or tampers with the con- B. The court may not order a victim of sexual as-
dom; sault or nonconsensual removal of or tampering
with a condom to attend counseling with the parent
B. Knowingly uses a damaged condom; or who has committed sexual assault or nonconsen-
C. Misrepresents the person's intentions to use a sual removal of or tampering with a condom.
condom. Sec. 3. 19-A MRSA §4103, sub-§1, ¶B, as
A prevailing plaintiff is entitled to an award of attor- enacted by PL 2021, c. 647, Pt. A, §3 and affected by
ney's fees and costs. Pt. B, §65, is amended to read:
B. Who has been a victim of conduct:
498
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 300
(1) Described as stalking in Title 17‑A, sec- G. Notwithstanding section 1026, subsection 3,
tion 210‑A; paragraph A, subparagraph (9-A), impose a condi-
tion of preconviction bail that a defendant submit
(2) Constituting any crime described in Title
17‑A, chapter 11; to random search with respect to a prohibition on
the possession, use or excessive use of alcohol,
(3) Described as unauthorized dissemination cannabis or illegal drugs.
of certain private images in Title 17‑A, section Sec. 2. 15 MRSA §1026, sub-§3, ¶A, as
511‑A; or
amended by PL 2021, c. 397, §§2 and 3, is further
(4) Described as aggravated sex trafficking or amended by amending subparagraph (9) to read:
sex trafficking in Title 17‑A, section 852 or
(9) Refrain from the possession, use or exces-
853, respectively.; or sive use of alcohol or cannabis and from any
(5) Constituting a civil cause of action under use of illegal drugs. A condition under this
Title 14, section 8305. subparagraph may be imposed only upon the
presentation to the judicial officer of specific
For purposes of this paragraph, the conduct need
not have been perpetrated by a family or household facts demonstrating the need for such condi-
tion;
member, a dating partner or an individual related
by consanguinity or affinity; Sec. 3. 17-A MRSA §1807, sub-§2, ¶I, as en-
acted by PL 2019, c. 113, Pt. A, §2, is amended to read:
Sec. 4. 19-A MRSA §4103, sub-§2, ¶B, as
corrected by RR 2021, c. 2, Pt. A, §40, is amended by I. Refrain from drug use and use or excessive use
amending subparagraph (5) to read: of alcohol or marijuana;
(5) Described as sexual exploitation of a mi- See title page for effective date.
nor or dissemination of sexually explicit mate-
rial in Title 17‑A, section 282 or 283, respec-
tively; or CHAPTER 300
Sec. 5. 19-A MRSA §4103, sub-§2, ¶B, as H.P. 515 - L.D. 826
corrected by RR 2021, c. 2, Pt. A, §40, is amended by
amending subparagraph (6) to read: An Act to Provide for the
Management of the Waste
(6) Described as harassment by telephone or
by electronic communication device in Title
Components of a Solar Energy
17‑A, section 506, subsection 1, paragraph Development upon
A‑1 or A‑2.; or Decommissioning
Sec. 6. 19-A MRSA §4103, sub-§2, ¶B, as Be it enacted by the People of the State of Maine
corrected by RR 2021, c. 2, Pt. A, §40, is amended by as follows:
enacting a new subparagraph (7) to read: Sec. 1. 35-A MRSA §3491, sub-§1, as enacted
(7) Constituting a civil cause of action under by PL 2021, c. 151, §1, is amended by amending the
Title 14, section 8305. last blocked paragraph to read:
See title page for effective date. "Decommissioning" includes the grading to postcon-
struction grade and revegetation of all earth disturbed
during construction and decommissioning, except for
CHAPTER 299 areas already restored, providing for the recycling of the
H.P. 836 - L.D. 1311 waste components of the solar energy development that
are recyclable, including, but not limited to, the solar
panels, by a facility authorized to accept such materials
An Act Regarding the Legal for recycling and providing for the disposal of the waste
Use or Possession of Cannabis components of the solar energy development that are
or Marijuana Under not recyclable by a facility authorized to accept such
Conditions of Bail, Pretrial materials for disposal.
Release or Probation See title page for effective date.
Be it enacted by the People of the State of Maine
as follows:
Sec. 1. 15 MRSA §1023, sub-§4, ¶G, as en-
acted by PL 2015, c. 436, §3, is amended to read:
499
PUBLIC LAW, C. 301 FIRST SPECIAL SESSION - 2023
500
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 304
Whereas, there is an urgent need for testing and A-6. "Drug sample" means a substance containing
drug checking due to increasingly dangerous substances one or more scheduled or prescription drugs or con-
in the drug supply; and trolled substances or controlled substance analogs
Whereas, in the judgment of the Legislature, in an amount insufficient to result in a person pos-
sessing the substance to be in violation of Title
these facts create an emergency within the meaning of 17-A, section 1107-A.
the Constitution of Maine and require the following leg-
islation as immediately necessary for the preservation Sec. 8. 22 MRSA §2383-B, sub-§3, ¶B-2 is
of the public peace, health and safety; now, therefore, enacted to read:
Be it enacted by the People of the State of Maine B-2. "Person" means any individual, partnership,
as follows: association, cooperative, limited liability company,
trust, joint venture, government, political subdivi-
Sec. 1. 22 MRSA §2383-B, sub-§2, ¶E, as sion or any other legal, commercial or informal en-
amended by PL 2021, c. 434, §10, is further amended
tity or group.
to read:
E. Physicians, dentists, podiatrists, pharmacists or
Sec. 9. 22 MRSA §2383-B, sub-§3, ¶C-1 is
enacted to read:
other persons authorized by law or rule to adminis-
ter, dispense, prescribe or sell scheduled or pre- C-1. "Sample collection instrument" means an in-
scription drugs or controlled substances while act- strument used to collect a drug sample for purposes
ing within the course of their professional practice; of drug checking.
and
Emergency clause. In view of the emergency
Sec. 2. 22 MRSA §2383-B, sub-§2, ¶G, as cited in the preamble, this legislation takes effect when
enacted by PL 2013, c. 266, §10, is amended to read: approved.
G. Persons conducting research at a school of phar- Effective June 26, 2023.
macology that is accredited or is a candidate for ac-
creditation in good standing.; and
CHAPTER 304
Sec. 3. 22 MRSA §2383-B, sub-§2, ¶H is en-
acted to read: S.P. 809 - L.D. 1980
H. Persons possessing, receiving, transporting or An Act to Improve Election
storing one or more drug samples contained in one Laws and Notarial Laws
or more sample collection instruments or drug par-
aphernalia for the purpose of drug checking. Pos- Emergency preamble. Whereas, acts and re-
sessing, receiving, transporting or storing one or solves of the Legislature do not become effective until
more drug samples in accordance with this para- 90 days after adjournment unless enacted as emergen-
graph does not constitute a crime under Title 17-A, cies; and
sections 1103, 1104 and 1106. Whereas, the effective date of the provisions re-
Sec. 4. 22 MRSA §2383-B, sub-§3, ¶A-3 is garding a marriage officiant license and communication
enacted to read: technology used to perform remote or electronic nota-
rization, for which the fees in this legislation are related,
A-3. "Controlled substance analog" means a sub- is July 1, 2023; and
stance that has a substantially similar chemical
structure to that of a controlled substance. Whereas, the fees should be in place when those
provisions become effective; and
Sec. 5. 22 MRSA §2383-B, sub-§3, ¶A-4 is
enacted to read: Whereas, in the judgment of the Legislature,
these facts create an emergency within the meaning of
A-4. "Drug checking" means the testing of a con- the Constitution of Maine and require the following leg-
trolled substance, prescription drug or scheduled islation as immediately necessary for the preservation
drug to determine its chemical composition or to of the public peace, health and safety; now, therefore,
assist in determining whether it contains contami-
nants, toxic substances or hazardous compounds. Be it enacted by the People of the State of Maine
as follows:
Sec. 6. 22 MRSA §2383-B, sub-§3, ¶A-5 is
enacted to read: PART A
A-5. "Drug paraphernalia" has the same meaning Sec. A-1. 21-A MRSA §122-A, as amended by
as in Title 17-A, section 1111-A, subsection 1. PL 2019, c. 409, §1 and affected by §9, is further
amended to read:
Sec. 7. 22 MRSA §2383-B, sub-§3, ¶A-6 is
enacted to read:
501
PUBLIC LAW, C. 304 FIRST SPECIAL SESSION - 2023
§122-A. Alternative registration procedure for par- use of the applicant's signature on the driver's li-
ticipants in Address Confidentiality Pro- cense or nondriver identification card for all pur-
gram poses for which a signature on a written application
Notwithstanding sections 122 and 152 and sub- for voter registration is used under this Title;
chapter 9, a person who is certified by the Secretary of B. A process for an applicant who discloses the last
State as a program participant in the Address Confiden- 4 digits of the applicant's social security number to
tiality Program pursuant to Title 5, section 90‑B may include with the online voter registration applica-
register to vote using the designated address and voter tion an electronic image of the applicant's signature
code assigned to that person pursuant to rules adopted and for the applicant to consent to the use of that
to implement the program. To register to vote, a voter electronic image of the applicant's signature for all
must present the registrar with that voter's authorization purposes for which a signature on a written appli-
card assigned to the voter pursuant to rules adopted by cation for voter registration is used under this Title;
the Secretary of State showing that voter's name, voter
C. A process for transmitting any driver's license
code, designated address and certification expiration number or nondriver identification card number
date submit a completed registration application to the
elections division of the Secretary of State's office, us- from an online voter registration application along
with the applicant's name and date of birth to the
ing the assigned voter code instead of the voter's name central voter registration system and for determin-
and the designated program address instead of the vot-
er's actual residence street address, and provide the cer- ing whether the information entered in the central
voter registration system matches the information
tification expiration date. The registrar may contact the in the driver's license or nondriver identification
Address Confidentiality Program administrator in the
Secretary of State's office to shall determine the voter's card records maintained by the Department of the
Secretary of State, Bureau of Motor Vehicles and,
eligibility to register in the municipality listed on the if a match is found, for transmitting an electronic
Address Confidentiality Program application and to
shall verify the electoral district districts in which the image of the applicant's signature on that driver's
license or nondriver identification card from the
voter is voting for purposes of issuing an absentee ballot bureau to the central voter registration system;
eligible to vote so that the elections division may regis-
ter the voter and issue absentee ballots for state elec- D. A process for matching the last 4 digits of a so-
tions to the voter pursuant to section 753‑C. All regis- cial security number provided in an online voter
tration records for such voters must be designated as registration application and the applicant's name
confidential and kept sealed in the registrar's office and date of birth with the information available
elections division offices. The name of any voter certi- from the United States Social Security Administra-
fied as a program participant in the Address Confiden- tion;
tiality Program may not be placed on any voter list that
E. A process for transmitting the contents of each
is available for public inspection or copying. online voter registration application and the elec-
Sec. A-2. 21-A MRSA §152, sub-§6, as en- tronic image of the signature of that applicant to the
acted by PL 2021, c. 439, §13 and affected by §15, is appropriate registrar of voters;
amended to read:
F. Minimum procedures and security measures for
6. Design of online voter registration applica- ensuring the accuracy and security of online voter
tion; rulemaking. The No later than February 1, 2024, registration applications;
the Secretary of State shall design the online voter reg-
istration application that meets the requirements of sub- G. A process and form for a registered voter whose
name is changed by marriage or other process of
section 1 and that can be submitted online through the law or who has moved within a municipality to no-
Secretary of State's publicly accessible website. The
online registration application must be designed to pre- tify the appropriate registrar of voters pursuant to
section 129 of the registered voter's new name or
vent an applicant from registering to vote unless the ap- address through the online voter registration appli-
plicant discloses a current, valid Maine driver's license
number or nondriver identification number or the last 4 cation; and
digits of the applicant's social security number. H. A process and form for a registered voter to en-
roll in a party pursuant to section 142, to change the
The No later than February 1, 2024, the Secretary of voter's party enrollment pursuant to section 144 or
State shall adopt rules governing the online voter regis-
tration process, which must, at a minimum, include the to withdraw from a party pursuant to section 145
through the online voter registration application.
following:
Rules adopted pursuant to this subsection are routine
A. A process for informing an applicant who dis- technical rules as defined in Title 5, chapter 375, sub-
closes a current, valid Maine driver's license num-
ber or nondriver identification card number that chapter 2‑A.
disclosure of that number constitutes consent to the
502
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 304
Sec. A-3. 21-A MRSA §158, as amended by PL A candidate who wishes to withdraw from an elec-
2009, c. 253, §14, is repealed. tive race shall notify the Secretary of State in writing of
the candidate's intent to withdraw. This notice must be
Sec. A-4. 21-A MRSA §311, sub-§1, as signed by the candidate and submitted to the Secretary
amended by PL 2017, c. 248, §4, is further amended to
of State by the appropriate deadline provided in article
read: 2. The notice may be submitted by facsimile or scanned
1. Call and location of caucus. The caucus may image.
be called by the chair or a majority of the members of
the municipal committee of a political party. If the mu- Sec. A-9. 21-A MRSA §681, sub-§4, as
amended by PL 2015, c. 422, §1, is further amended to
nicipal committee fails to call a caucus, the county com- read:
mittee may call the caucus. At the request of that the
municipal committee, municipal officers shall provide 4. Outside the guardrail enclosure. If sufficient
available space in a public building for a caucus. The space exists, party workers and others, in addition to the
municipality may charge a rental fee or janitorial ser- pollwatchers allowed pursuant to section 627, may re-
vice fee for the available space. A municipal committee main in the voting place outside the guardrail enclosure
may hold its caucus remotely using a conference system as long as they do not attempt to influence voters or in-
that may include telephonic or video technology allow- terfere with their free passage. If a person attempts to
ing simultaneous reception of information and may in- influence voters or interfere with their free passage, the
clude other means. A municipality municipal commit- warden shall have the person removed from the voting
tee may hold its caucus outside the municipality if sev- place. A person video recording or engaging in still
eral municipalities elect to meet on a consolidated basis photography in the voting place must remain outside the
or if the committee calling the caucus determines that a guardrail and may not conduct video recording or still
facility outside the municipality is more suitable. photography closer than 15 feet from a voter being re-
corded or photographed, including when a voter is
Sec. A-5. 21-A MRSA §336, first ¶, as cor- where a person is collecting voters' signatures, except
rected by RR 2019, c. 2, Pt. B, §43, is amended to read:
that a person may take a still photograph that depicts
The written consent of each candidate must be filed only the person taking the photograph. A person who
either with that candidate's primary petition or at any video records or photographs a voter in violation of this
earlier time during which signatures may be collected subsection may be removed from the voting place by
under section 335 or, if applicable, subchapter 8. the municipal clerk at the recommendation of the war-
Sec. A-6. 21-A MRSA §355, first ¶, as cor- den as provided in section 662, subsection 2.
rected by RR 2019, c. 2, Pt. B, §47, is amended to read: Sec. A-10. 21-A MRSA §691, sub-§2, as
amended by PL 2009, c. 253, §29, is further amended
The written consent of each candidate must be filed to read:
either with that candidate's nomination petition or at any
earlier time during which signatures may be collected 2. Write-in vote. If the voter wishes to vote for a
under section 354 or, if applicable, subchapter 8. write-in candidate, the voter must write the name of the
candidate in the blank space provided at the end of the
Sec. A-7. 21-A MRSA §363, sub-§2, as cor- list of candidates for nomination to the office in ques-
rected by RR 2019, c. 2, Pt. B, §49, is amended to read:
tion next to the write-in indicator. The voter must then
2. Duties of committee. The committee shall mark the ballot write-in indicator as instructed in the di-
choose a qualified person to fill the vacancy. The sec- rections on the ballot to indicate a vote for the write-in
retary of the committee shall immediately deliver a cer- candidate. A sticker may not be used to vote for a write-
tificate to the Secretary of State containing the name of in candidate.
the person chosen, that person's residence and political
party, the title of the office sought and the method by
Sec. A-11. 21-A MRSA §692, sub-§2, as
amended by PL 2009, c. 253, §30, is further amended
which that person was chosen. The certificate must be
signed by the chair of the committee and attested to by to read:
the secretary and may be submitted by facsimile or 2. Write-in vote. If the voter wishes to vote for a
scanned image. write-in candidate, the voter must write the name of the
candidate in the blank space provided at the end of the
A. In an electoral division consisting of more than
one municipality, the municipal committee of each list of nominees for the office in question next to the
write-in indicator. The voter must then mark the ballot
municipality shall meet jointly, elect a secretary write-in indicator as instructed in the directions on the
and a chair for the meeting and then fill the va-
cancy. ballot to indicate a vote for the write-in candidate. A
sticker may not be used to vote for a write-in candidate.
Sec. A-8. 21-A MRSA §367, as amended by PL Sec. A-12. 21-A MRSA §696, sub-§2, ¶C, as
2019, c. 636, §5, is further amended to read: amended by PL 2009, c. 253, §32, is further amended
§367. Candidate withdrawal to read:
503
PUBLIC LAW, C. 304 FIRST SPECIAL SESSION - 2023
C. If a voter marks a write-in indicator for an of- Sec. A-19. 21-A MRSA §723-A, sub-§5-C is
fice, but does not write the name of a declared enacted to read:
write-in candidate in the blank space provided to
5-C. Cast vote record posted. The Secretary of
the right of next to the write-in indicator, that vote State shall post the complete cast vote record on its pub-
for that office may not be counted, unless a deter-
mination of choice under subsection 4 is possible. licly accessible website as soon as the certified results
are reported.
Sec. A-13. 21-A MRSA §722-A, as amended Sec. A-20. 21-A MRSA §737-A, first ¶, as
by PL 2015, c. 447, §26, is further amended to read: amended by PL 2021, c. 536, §3, is repealed and the
§722-A. Determination of declared write-in candi- following enacted in its place:
date
Once a recount is requested for any federal, state or
To be considered a declared write-in candidate, a county office, the Secretary of State shall request that
person must file a declaration of write-in candidacy the State Police, sworn law enforcement officers em-
with the Secretary of State, on a form approved by the ployed by the Department of the Secretary of State or
Secretary of State, on or before 5 p.m. on the 60th 70th other sworn law enforcement officers take physical con-
day prior to the election. The candidate must meet all trol of the ballots and other related materials needed for
the other qualifications for that office. the recount as soon as possible and deliver them to the
recount facility. When the recount involves an office
Sec. A-14. 21-A MRSA §723-A, sub-§1, ¶A, that encompasses more than one county, the Secretary
as enacted by IB 2015, c. 3, §5, is repealed.
of State may organize retrieval of ballots from certain
Sec. A-15. 21-A MRSA §723-A, sub-§1, ¶G, jurisdictions so that the recount may be conducted in
as amended by PL 2019, c. 320, §9, is repealed. stages until the requesting candidate or lead applicant
Sec. A-16. 21-A MRSA §723-A, sub-§4, ¶B, for a referendum recount concedes or until all the bal-
lots are recounted.
as amended by PL 2019, c. 320, §14, is repealed.
Sec. A-17. 21-A MRSA §723-A, sub-§5-B, Sec. A-21. 21-A MRSA §737-A, 2nd ¶, as
amended by PL 2019, c. 371, §29, is further amended
as amended by PL 2021, c. 273, §11, is further amended
to read: to read:
5-B. Presidential primary elections; selection of The Secretary of State shall store and maintain ex-
clusive control over the ballots and other materials
delegates. Notwithstanding any provision of this sec- pending and during the recount and until the courier,
tion to the contrary, for presidential primary elections,
batch elimination may not be used for any candidates sworn law enforcement officers or the State Police if re-
quested, retrieves retrieve the materials for return to the
with more than 100 votes, tabulation must continue un- municipalities.
til only 2 continuing candidates remain, separate tabu-
lations must be conducted statewide and for each con- Sec. A-22. 21-A MRSA §737-A, sub-§1, as
gressional district and selection and allocation of dele- amended by PL 2019, c. 371, §30, is further amended
gates to a party's national presidential nominating con- to read:
vention must be in accordance with any reasonable pro-
1. Deposit for legislative or single county office
cedures established at the state party convention. recount. This subsection applies to a recount for an
Sec. A-18. 21-A MRSA §723-A, sub-§5-B, election for the office of State Senator or State Repre-
as amended by PL 2021, c. 750, §11 and affected by sentative or for a county office that does not encompass
§14, is further amended to read: more than one county. All deposits required by this sec-
5-B. Presidential primary elections; selection of tion must be made with the Secretary of State when a
recount is requested by a losing candidate or an unde-
delegates. Notwithstanding any provision of this sec- clared write-in candidate. Once the courier, sworn law
tion to the contrary, for presidential primary elections,
batch elimination may not be used for any candidates enforcement officers or the State Police if requested,
has have taken custody of the ballots and other election
with more than 100 votes, tabulation must continue un- materials from the municipalities, the deposit made by
til only 2 continuing candidates remain, separate tabu-
lations must be conducted statewide and for each con- the candidate requesting the recount is forfeited to the
State if the resulting count fails to change the outcome
gressional district and selection and allocation of dele- of the election. If the recount reverses the election, the
gates to a party's national presidential nominating con-
vention must be in accordance with any reasonable pro- deposit must be returned to the candidate requesting the
recount. The amount of the deposit is calculated as fol-
cedures established at the state party convention, except lows.
that unenrolled voters who participate in the party's pri-
mary election must be considered members of the party A. If the percentage difference shown by the offi-
for purposes of allocating delegates. cial tabulation between the leading candidate and
504
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 304
the requesting candidate is 1.5% or less of the total Sec. A-24. 21-A MRSA §753-A, sub-§8, as
votes cast for that office, a deposit is not required. enacted by PL 2021, c. 398, Pt. UUUU, §3 and affected
by §7, is amended to read:
B. If the percentage difference shown by the offi-
cial tabulation between the leading candidate and 8. Application for ongoing absentee voter sta-
the requesting candidate is more than 1.5% and less tus. A No later than February 1, 2024, the Secretary of
than or equal to 4% of the total votes cast for that State shall design the ongoing absentee ballot applica-
office, the deposit is $500. tion that allows a voter who will be at least 65 years of
C. If the percentage difference shown by the offi- age by the next election or who self-identifies as having
a disability may to apply for status as an ongoing absen-
cial tabulation between the leading candidate and tee voter. Each qualified applicant must automatically
the requesting candidate is more than 4% and less
than or equal to 6% of the total votes cast for that receive an absentee ballot for each ensuing statewide
election, municipal election and any other election for
office, the deposit is $1,000. which the voter is entitled to vote and need not submit
D. If the percentage difference shown by the offi- a separate request for each election.
cial tabulation between the leading candidate and
the requesting candidate is more than 6% and less A. An application for status as an ongoing absentee
voter must be made by a voter using procedures de-
than or equal to 8% of the total votes cast for that signed by the Secretary of State. These procedures
office, the deposit is $2,500.
must include a process for notifying the voter that
E. If the percentage difference shown by the offi- if the voter moves out of the municipality, that vot-
cial tabulation between the leading candidate and er's status as an ongoing absentee voter in that mu-
the requesting candidate is more than 8% and less nicipality terminates. A voter may obtain assis-
than or equal to 10% of the total votes cast for that tance in completing an application for ongoing ab-
office, the deposit is $5,000. sentee voter status pursuant to subsection 5.
F. If the percentage difference shown by the offi- B. The clerk or Secretary of State shall terminate a
cial tabulation between the leading candidate and voter's ongoing absentee voter status only upon:
the requesting candidate is more than 10% of the
total votes cast for that office, the deposit is (1) The written request of the voter;
$10,000. (2) The death or disqualification of the voter;
Sec. A-23. 21-A MRSA §737-A, sub-§1-A, (3) The cancellation of the voter's registration
¶B, as amended by PL 2019, c. 371, §31, is further record in the central voter registration system;
amended to read:
(4) The return of an absentee ballot as unde-
B. If the difference shown by the official tabulation liverable;
between the leading candidate and the requesting (5) The failure of the voter to vote by absentee
candidate is more than 1% of the total votes cast for
that office or more than 1,000 votes, whichever is ballot for a general election; or
less, the deposit is $5,000 or 10% of the reasonable (6) The designation of the voter's status as in-
estimate of the cost to the State of performing the active in the central voter registration system.
first stage of the recount, whichever is greater. Af-
This subsection does not apply to uniformed service
ter completion of the recount, if the recount has not voters or overseas voters who are covered by the federal
changed the result of the election, the Secretary of
State shall calculate the actual cost of the proce- Uniformed and Overseas Citizens Absentee Voting Act,
52 United States Code, Section 20302 (2019).
dure, which must be paid by the requesting candi-
date. If the deposit is greater than the actual cost, Sec. A-25. 21-A MRSA §753-B, sub-§6, ¶A,
the overpayment must be refunded to the candidate. as amended by PL 2021, c. 273, §20, is further amended
If the actual cost is greater than the deposit, the can- to read:
didate shall pay the remainder of the actual cost to
the State. Once the courier, sworn law enforcement A. The list of absentee voters must include each
voter's name, residence address, voting district and
officers or the State Police if requested, has have party affiliation; the date and manner by which the
taken custody of the ballots and other election ma-
terials for the first stage of the recount, the deposit voter's ballot was requested, issued and received;
and a notation of whether the application and the
made by the candidate requesting the recount is for- ballot were was accepted or rejected. If the clerk
feited to the State even if the candidate withdraws
from the recount before the recount begins. If a re- determines that there is a defect on the return enve-
lope of an absentee ballot under section 756, sub-
count reverses the election, the deposit must be re- section 2 and that defect is cured pursuant to sec-
turned to the candidate requesting the recount.
tion 756‑A, the clerk shall note whether the ballot
was accepted or accepted but challenged and shall
505
PUBLIC LAW, C. 304 FIRST SPECIAL SESSION - 2023
list the date that the defect was cured as the date certified as a participant in the Address Confiden-
that the ballot was received. The clerk must also tiality Program pursuant to Title 5, section 90‑B
indicate on the list when the absentee voter is a uni- must be listed by the voter code assigned to that in-
formed service voter, overseas voter or township dividual under the program instead of by the voter's
voter. By the time that all absentee ballots have name and reflect the Address Confidentiality Pro-
been processed on election day, the clerk must up- gram address assigned to the voter. The list of ab-
date the central voter registration system or anno- sentee voters must be sorted so that the program
tate the printed list of absentee voters to reflect all participants appear at the end of the list and must
ballots that were received by the close of the polls be printed on a separate page of the list. The por-
on election day, including a notation of whether the tion of the list of absentee voters relating to Ad-
ballots were accepted, accepted but challenged or dress Confidentiality Program participants must be
rejected and the reasons for such rejections. This kept under seal and excluded from public inspec-
list, reflecting all absentee ballots received by the tion.
close of the polls, must be made available for pub-
lic inspection. Any absentee voter certified as a Sec. A-27. 21-A MRSA §753-B, sub-§7, as
enacted by PL 1999, c. 645, §6, is amended to read:
participant in the Address Confidentiality Program
pursuant to Title 5, section 90‑B must be listed by 7. Registration verified. If the applicant is regis-
the voter code assigned to that individual under the tered and enrolled when necessary, the ballot must be
program instead of by the voter's name and reflect sent to the applicant. If the applicant has registered and
the Address Confidentiality Program address as- enrolled when necessary under section 155 and will at-
signed to the voter. The list of absentee voters must tain 18 years of age on or before the date of the election,
be sorted so that the program participants appear at the registrar or clerk shall so certify on the application.
the end of the list and must be printed on a separate If accept the application in the central voter registration
page of the list. The portion of the list of absentee system and issue a ballot to the applicant; if not, the reg-
voters relating to Address Confidentiality Program istrar or clerk shall write "not registered" or "not en-
participants must be kept under seal and excluded rolled" on the face of reject the application and sign the
from public inspection. registrar's or clerk's name in the central voter registra-
Sec. A-26. 21-A MRSA §753-B, sub-§6, ¶A, tion system. Whenever an application for an absentee
ballot is denied rejected, the municipal clerk shall im-
as amended by PL 2021, c. 750, §12 and affected by mediately notify the applicant in writing or by e-mail of
§14, is further amended to read:
the reason for the denial rejection.
A. The list of absentee voters must include each
voter's name, residence address, voting district and Sec. A-28. 21-A MRSA §753-C, as enacted by
PL 2005, c. 364, §8, is amended to read:
party affiliation; the date and manner by which the
voter's ballot was requested, issued and received; if §753-C. Absentee ballots for program participants
the voter is unenrolled, which party's ballot the in Address Confidentiality Program
voter requested for the primary election, if applica- Any registered voter who is certified by the Secre-
ble; and a notation of whether the application and
the ballot were was accepted or rejected. If the tary of State as a program participant in the Address
Confidentiality Program pursuant to Title 5, section
clerk determines that there is a defect on the return 90‑B is entitled to receive an absentee ballot for every
envelope of an absentee ballot under section 756,
subsection 2 and that defect is cured pursuant to election during the period of the voter's participation in
the program. The Secretary of State shall mail the ab-
section 756‑A, the clerk shall note whether the bal- sentee ballot for the statewide elections and the clerk
lot was accepted or accepted but challenged and
shall list the date that the defect was cured as the shall mail the absentee ballot for the local elections to
the voter at the voter's designated address as soon as
date that the ballot was received. The clerk must possible after the regular ballots are available in the mu-
also indicate on the list when the absentee voter is
a uniformed service voter, overseas voter or town- nicipality. The voter shall mark the absentee ballot in
accordance with the procedures set forth in section
ship voter. By the time that all absentee ballots 754‑A and shall return the statewide ballot to the Secre-
have been processed on election day, the clerk must
update the central voter registration system or an- tary of State and the local ballot to the registrar in the
manner provided in section 754‑A, except that the voter
notate the printed list of absentee voters to reflect may sign the voter's voter code under the Address Con-
all ballots that were received by the close of the
polls on election day, including a notation of fidentiality Program on the absentee ballot envelope en-
velopes instead of the voter's name.
whether the ballots were accepted, accepted but
challenged or rejected and the reasons for such re- Sec. A-29. 21-A MRSA §759, sub-§8, as
jections. This list, reflecting all absentee ballots re- amended by PL 2009, c. 538, §11, is further amended
ceived by the close of the polls, must be made by enacting at the end a new last blocked paragraph to
available for public inspection. Any absentee voter read:
506
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 304
The Secretary of State may adopt rules necessary for the specified on the notice of early processing under sub-
inspection of absentee ballot applications and envelopes section 2. The clerk shall make the absentee ballot ap-
before they are processed. Rules adopted pursuant to plications and envelopes received by that time available
this subsection are major substantive rules as defined in for public inspection for one hour before the starting
Title 5, chapter 375, subchapter 2-A. time specified in the notice of early processing for pro-
cessing the absentee ballots. The clerk may immedi-
Sec. A-30. 21-A MRSA §760-B, sub-§1, as ately proceed to process the ballots after the one-hour
amended by PL 2015, c. 406, §1, is further amended to
inspection time has elapsed. The Secretary of State may
read: adopt rules necessary for the inspection of absentee bal-
1. Time for processing. In a municipality that has lot applications and envelopes before they are pro-
opted to process absentee ballots on one or more of the cessed. Rules adopted pursuant to this subsection are
days prior to election day authorized by this section, the major substantive rules as defined in Title 5, chapter
municipal clerk or the clerk's designees may process ab- 375, subchapter 2-A.
sentee ballots at the times designated by the clerk, be-
tween the hours of 9:00 7:00 a.m. and 9:00 p.m., except Sec. A-33. 21-A MRSA §777-A, as amended
by PL 2019, c. 636, §17, is further amended to read:
that if an inspection is requested pursuant to subsection
3, processing may not begin until after the inspection §777-A. Registration and enrollment
period has concluded.
Notwithstanding the registration deadline in sec-
Sec. A-31. 21-A MRSA §760-B, sub-§2, as tion 121‑A, uniformed service voters or overseas voters
amended by PL 2021, c. 11, §2, is further amended to may register or enroll at any time prior to 5 p.m. noon
read: on the day before election day by completing a federal
or state voter registration application form and filing it
2. Notice of early processing. The clerk must
give notice of the municipality's intent to process absen- with the registrar or the Secretary of State in person, by
mail or by electronic means authorized by the Secretary
tee ballots prior to election day using a notice of early of State.
processing form provided by the Secretary of State, stat-
ing the days and times that the clerk intends to begin Sec. A-34. 21-A MRSA §781-A, as amended
processing absentee ballots and the inspection period by PL 2019, c. 636, §18, is further amended to read:
provided in subsection 3. At least 30 days before elec-
tion day, the clerk shall provide a copy of the notice of §781-A. Absentee ballot application; procedure on
receipt
early processing to the Secretary of State and the chairs
of each political party of the municipality indicating Notwithstanding the absentee ballot application
that early processing of absentee ballots will occur. The deadline in section 753‑B, subsection 2, paragraph D,
notice to the political parties must be considered suffi- upon receipt of an application or written request for an
cient as long as it is mailed to the last address of each absentee ballot prior to 5 p.m. noon on the day before
municipal chair that is known to the clerk. The notice election day from a uniformed service voter or overseas
to the Secretary of State may be delivered by mail or voter that is accepted pursuant to section 753‑A or sec-
facsimile or as a scanned attachment to an e-mail ad- tion 783, the clerk or the Secretary of State shall imme-
dress established by the Secretary of State. If the notice diately issue an absentee ballot and return envelope by
is not received by the Secretary of State by 5:00 p.m. on the authorized means designated by the voter in the ap-
the 30th day before election day, the municipality may plication. If the ballot is to be transmitted to the voter
not process absentee ballots prior to election day. The by mail, the clerk or the Secretary of State shall type or
clerk shall post a copy of the notice of early processing write in ink the name and the residence address of the
with the notice of election as provided in section 621‑A voter in the designated section of the return envelope.
Secretary of State shall post the list of municipalities The Secretary of State shall provide a return envelope
that will process absentee ballots prior to election day that moves free of postage under federal law.
on its publicly accessible website at least one week prior
to the start of early processing. Sec. A-35. 21-A MRSA §903-A, first ¶, as
amended by PL 2015, c. 99, §1, is further amended to
Sec. A-32. 21-A MRSA §760-B, sub-§3, as read:
amended by PL 2019, c. 371, §38, is further amended Petitions issued under this chapter may be circu-
to read:
lated by any Maine resident who is a registered voter
3. Inspection of absentee envelopes before pro- acting as a circulator of a petition. A circulator of a pe-
cessing. A member of the public may make a written tition solicits signatures for the petition by presenting
request of the clerk to inspect absentee ballot applica- the petition to the voter, asking the voter to sign the pe-
tions and envelopes before they are processed if the re- tition and personally witnessing the voter affixing the
quest is made by 9:00 a.m. 4:00 p.m. on the day prior to voter's signature to the petition. The circulator of the
each day that the clerk will process absentee ballots as petition must comply with the provisions of section 902.
507
PUBLIC LAW, C. 304 FIRST SPECIAL SESSION - 2023
Sec. A-36. 21-A MRSA §905-A, as amended 2. Stamp required requirements. If a notarial act
by PL 2021, c. 570, §11, is further amended to read: regarding a tangible record is performed by a notary
public notarial officer, an official stamp must may be
§905-A. Public comment on initiative questions
affixed to or embossed on the certificate. If a notarial
No later than 15 business days after the Secretary act is performed regarding a tangible record by a notar-
of State issues a written decision under section 905, sub- ial officer other than a notary public and the certificate
section 1 finding a petition for a direct initiative to be contains the information specified in subsection 1, par-
valid, the Secretary of State shall give public notice of agraphs B, C and D, an official stamp may be affixed to
a proposed ballot question for that initiative by posting or embossed on the certificate. If a notarial act regard-
the question on the Secretary of State's publicly acces- ing an electronic record is performed by a notarial of-
sible website. The Secretary of State may also publish ficer notary public and the certificate contains the infor-
notice for one day in newspapers having general circu- mation specified in subsection 1, paragraphs B, C and
lation in the State. After giving public notice of the pro- D, an official stamp may must be attached to or logi-
posed ballot question in accordance with this section, cally associated with the certificate.
the Secretary of State shall provide a 30-day public
comment period for the purpose of receiving comments
Sec. B-2. 5 MRSA §86, 7th ¶, as corrected by
RR 2001, c. 2, Pt. B, §2 and affected by §58, is amended
on the content and form of the proposed question. No
later than 10 15 business days after receiving public to read:
comments in accordance with this section and after re- For filing, copying, comparing or authenticating
view of those comments, the Secretary of State shall any document required or permitted to be filed under
write the ballot question for the initiative. An aggrieved Title 13‑B, that fee specified in Title 13‑B, chapter 14;
voter may appeal the final decision of the Secretary of and
State under this section using the procedures for court
review provided for in section 905, subsections 2 and 3. Sec. B-3. 5 MRSA §86, 8th ¶, as amended by
PL 2003, c. 518, §1, is further amended to read:
Sec. A-37. PL 2021, c. 398, Pt. UUUU, §7 is For filing a federal tax lien or other federal liens,
amended to read: certificates or notices affecting the liens of which under
Sec. UUUU-7. Effective date. That section of any Act of Congress or any federal regulation are re-
this Part that enacts the Maine Revised Statutes, Title quired or permitted to be filed under Title 33, chapter
21-A, section 161, subsection 2-B takes effect January 39, that fee specified in Title 33, section 1906.;
1, 2023. Those sections of this Part that enact Title Sec. B-4. 5 MRSA §86, 9th ¶, as enacted by
21-A, section 753-A, subsections 8 and 9 and those sec-
tions of this Part that amend Title 21-A, section 752, PL 2003, c. 149, §1, is amended to read:
subsection 3 and section 753-B, subsection 1 take effect For filing and recording a designated office for ser-
November October 1, 2023. vice of trustee process under Title 14, section 2608‑A,
$25.;
Sec. A-38. PL 2021, c. 439, §15 is amended to
read: Sec. B-5. 5 MRSA §86, as amended by PL
Sec. 15. Effective date. This Act takes effect 2003, c. 518, §1, is further amended by enacting after
the 9th paragraph a new paragraph to read:
November 1, 2023, except that that section of this Act
that enacts the Maine Revised Statutes, Title 21-A, sec- For filing a new or renewal application for a mar-
tion 152, subsection 6 takes effect October 1, 2023. riage officiant license under section 90-G, $25; and
Sec. A-39. Effective date. That section of this Sec. B-6. 5 MRSA §86, as amended by PL
Part that amends the Maine Revised Statutes, Title 2003, c. 518, §1, is further amended by enacting at the
21-A, section 152, subsection 6 and that section of this end a new paragraph to read:
Part that amends Title 21-A, section 753-A, subsection
For filing a new or renewal application for approval
8 take effect October 1, 2023, and that section of this to be a provider of communication technology used to
Part that amends Title 21-A, section 723-A, subsection
5-B as amended by Public Law 2021, chapter 750, sec- perform remote or electronic notarization under Title 4,
section 1915, $250.
tion 11 and that section of this Part that amends Title
21-A, section 753-B, subsection 6, paragraph A as Sec. B-7. Effective date. This Part takes effect
amended by Public Law 2021, chapter 750, section 12 July 1, 2023.
take effect January 1, 2024. PART C
PART B Sec. C-1. 30-A MRSA §7005, as amended by
Sec. B-1. 4 MRSA §1916, sub-§2, as enacted PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is
by PL 2021, c. 651, Pt. A, §4 and affected by §8, is repealed.
amended to read:
508
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 306
Emergency clause. In view of the emergency having under that person's control a firearm pursuant to
cited in the preamble, this legislation takes effect when section 393 and who does not have a permit issued un-
approved, except as otherwise indicated. der section 393. This subsection does not apply to the
Effective June 26, 2023, unless otherwise indicated. sale or transfer of an antique firearm.
Violation of this subsection is a Class D crime.
CHAPTER 305 See title page for effective date.
S.P. 14 - L.D. 22
CHAPTER 306
An Act to Impede the Transfer S.P. 91 - L.D. 187
of Firearms to Prohibited
Persons An Act to Eliminate the Energy
Be it enacted by the People of the State of Maine Efficiency and Renewable
as follows: Resource Fund and to Provide
Sec. 1. 15 MRSA §394 is enacted to read: Needs-based Low-income
Assistance
§394. Prohibited sale or transfer of firearms to cer-
tain persons Be it enacted by the People of the State of Maine
as follows:
1. Definitions. As used in this section, unless the
context otherwise indicates, the following terms have Sec. 1. 35-A MRSA §3210, sub-§9, ¶B, as
the following meanings. amended by PL 2021, c. 199, §1, is further amended to
read:
A. "Antique firearm" means any of the following:
B. The commission shall collect alternative com-
(1) A firearm manufactured in or before 1898, pliance payments to meet the requirements of sub-
including a firearm with a matchlock, flint- sections 3‑A and 3‑B made by competitive electric-
lock, percussion cap or similar type of ignition ity providers and shall deposit use all funds col-
system; lected under this paragraph in the Energy Effi-
(2) A replica of a firearm described in subpar- ciency and Renewable Resource Fund established
agraph (1), if that replica: under section 10121, subsection 2 to be used to
fund research, development and demonstration
(a) Is not designed or redesigned for using projects relating to renewable energy technologies
rimfire or conventional centerfire fixed and to fund rebates for cost-effective renewable en-
ammunition; or ergy technologies to provide financial assistance
(b) Uses rimfire or conventional centerfire for low-income households in accordance with sec-
fixed ammunition that is no longer manu- tion 3214, subsection 2.
factured in the United States and that is Sec. 2. 35-A MRSA §3214, sub-§2, ¶A, as
not readily available in the ordinary chan- enacted by PL 1997, c. 316, §3, is amended to read:
nels of commercial trade; or
A. Receive funds collected by all transmission and
(3) A muzzle-loading firearm, as defined in Ti- distribution utilities in the State at a rate set by the
tle 12, section 10001, subsection 42. commission in periodic rate cases; and
"Antique firearm" does not include a firearm or a Sec. 3. 35-A MRSA §3214, sub-§2, ¶A-1 is
muzzle-loading firearm that can be readily con- enacted to read:
verted to fire fixed ammunition by replacing the
barrel, bolt, breechblock or any combination of the A-1. Receive funds collected by the commission
barrel, bolt or breechblock. for alternative compliance payments in accordance
with section 3210, subsection 9, paragraph B; and
B. "Firearm" has the same meaning as in Title
17-A, section 2, subsection 12-A. Sec. 4. 35-A MRSA §10121, as amended by PL
2011, c. 637, §8, is repealed.
C. "Sell" has the same meaning as in Title 17-A,
section 554-A, subsection 1, paragraph C. See title page for effective date.
D. "Transfer" has the same meaning as in Title
17-A, section 554-A, subsection 1, paragraph A.
2. Sale or transfer prohibited. A person may not
knowingly or intentionally sell or transfer a firearm to a
person who is prohibited from owning, possessing or
509
PUBLIC LAW, C. 307 FIRST SPECIAL SESSION - 2023
B. Societal benefits through avoided greenhouse Sec. 6. 35-A MRSA §3474, sub-§4 is enacted
to read:
gas emissions;
4. Interconnection ombudsman; fund. The in-
C. Reduced electricity prices; and terconnection ombudsman appointed pursuant to sec-
D. Avoided or reduced costs associated with: tion 107, subsection 1 shall assist persons seeking inter-
connections governed by rules adopted under subsec-
(1) Electricity capacity requirements; tion 3. The commission shall appoint an interconnec-
(2) Environmental compliance requirements; tion ombudsman who possesses technical expertise re-
lated to interconnection and interconnection proce-
(3) Portfolio requirements established in sec- dures.
tion 3210;
510
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 307
A. The duties of the interconnection ombudsman those resources as wholesale generation resources. The
include but are not limited to: expert shall also evaluate whether the tariff rate pro-
gram has been implemented in a way that maximizes
(1) Tracking interconnection disputes;
the value of the portfolio of the resources to all ratepay-
(2) Facilitating the efficient and fair resolution ers. By September 1, 2024, the commission shall pro-
of disputes between customers seeking to in- vide a copy of the expert's report and a description of
terconnect and investor-owned transmission any actions the commission recommends with respect
and distribution utilities; to the findings in the report to the joint standing com-
mittee of the Legislature having jurisdiction over en-
(3) Reviewing investor-owned transmission
and distribution utility interconnection poli- ergy matters. The joint standing committee may report
out a bill to the 132nd Legislature in 2025 related to the
cies to assess opportunities for reducing inter- report.
connection disputes;
(4) Convening stakeholder groups as neces-
Sec. 8. Interconnection working group. The
sary to facilitate effective communication be- Public Utilities Commission shall convene a working
group, referred to in this section as "the working group,"
tween interconnection stakeholders; and to collaborate to prevent and resolve disputes relating to
(5) Preparing reports that detail the number, the implementation of the State's small generator inter-
type, resolution timeline and outcome of inter- connection procedures for Level 1 and Level 2 facili-
connection disputes. ties, as defined in Chapter 324 of the commission's
B. The commission by rule shall establish a fee to rules.
be paid by persons seeking interconnections to 1. The working group's duties include the identifi-
fund the interconnection ombudsman. Notwith- cation and discussion of issues related to:
standing Title 5, section 8071, rules adopted under
A. Transparency of investor-owned transmission
this paragraph are routine technical rules as defined and distribution utility activities in the interconnec-
in Title 5, chapter 375, subchapter 2-A.
tion process;
C. The interconnection ombudsman fund is estab-
lished within the commission as a nonlapsing fund B. Current and emerging technical issues resulting
in disputes between the State's investor-owned
for the purposes of funding the interconnection om- transmission and distribution utilities and custom-
budsman. The commission shall deposit all fees
collected under this subsection into the fund and all ers seeking to interconnect;
money in the fund must be used to fully fund the C. Circuits and line sections that have been deter-
interconnection ombudsman. In addition to the fees mined to be unsafe for the interconnection of Level
established in accordance with this subsection, the 1 facilities; and
fund may accept federal money and contributions D. Topics that would be appropriately included in
from private and public sources.
the duties of the interconnection ombudsman.
Sec. 7. Solar interconnection cost allocation 2. The working group shall hold monthly meetings
method and rules. The Public Utilities Commission for its first year, and thereafter the working group shall
shall: meet at least quarterly until the commission submits its
1. Within 6 months of the effective date of this Act, final report in 2025.
adopt interconnection rules in accordance with the
Maine Revised Statutes, Title 35-A, section 3474, sub- 3. The members of the working group must in-
clude:
section 3 that prioritize interconnection of solar re-
sources and energy storage systems owned by custom- A. One or more representatives from Central Maine
ers of investor-owned transmission and distribution Power Company;
utilities and used to serve an on-site load; B. One or more representatives from Versant
2. Within 12 months of the effective date of this Power;
Act, make a good faith effort to appoint an interconnec-
tion ombudsman with expertise related to interconnec- C. Representatives from 2 or more companies en-
gaged in the development and construction of
tion of distributed generation resources, including solar Level 1 and Level 2 facilities in the Central Maine
resources and energy storage systems; and
Power Company service territory;
3. Within 6 months of the effective date of this Act,
contract with an expert to evaluate whether treating dis- D. Representatives from 2 or more companies en-
gaged in the development and construction of
tributed generation resources that use the tariff rate pro- Level 1 and Level 2 facilities in the Versant Power
gram under the Maine Revised Statutes, Title 35-A, sec-
tion 3209-B as load-reducing resources would provide service territory; and
greater value to all ratepayers than the treatment of
511
PUBLIC LAW, C. 308 FIRST SPECIAL SESSION - 2023
E. Any other person that the commission deter- OTHER SPECIAL $244,515 $138,094
mines necessary to ensure that all interests related REVENUE FUNDS
to interconnection issues are fairly represented. __________ __________
DEPARTMENT TOTAL - $244,515 $138,094
4. By December 6, 2023, the commission shall sub- ALL FUNDS
mit a report summarizing the working group's activities
under this section to the joint standing committee of the See title page for effective date.
Legislature having jurisdiction over energy matters.
The commission shall submit to the committee an addi- CHAPTER 308
tional report by December 6, 2024 and a final report of
the working group by December 6, 2025. The commit- H.P. 271 - L.D. 438
tee may report out a bill to the Second Regular Session
of the 132nd Legislature regarding the contents of the An Act to Clarify and Amend
final report. the Department of Inland
Sec. 9. Appropriations and allocations. The Fisheries and Wildlife
following appropriations and allocations are made. Licensing Laws
PUBLIC UTILITIES COMMISSION Be it enacted by the People of the State of Maine
as follows:
Public Utilities - Administrative Division 0184
Sec. 1. 12 MRSA §10153, sub-§1, ¶C, as en-
Initiative: Provides one-time allocations for expendi- acted by PL 2003, c. 414, Pt. A, §2 and affected by c.
tures related to contracted consulting services and re- 614, §9, is amended to read:
lated STA-CAP.
C. Four representatives of the public, with no more
OTHER SPECIAL 2023-24 2024-25 than 3 holding a license under chapter 927, to be
REVENUE FUNDS appointed by the Governor for a term of 3 years to
All Other $110,210 $0
__________ __________
reflect a wide diversity of guiding experience. At
OTHER SPECIAL REVENUE $110,210 $0
least 2 members must be chosen for their expertise
FUNDS TOTAL in outdoor recreation. The public members must
be compensated as provided in Title 5, chapter 379;
PUC - Interconnection Ombudsman Fund N467 and
Initiative: Provides allocations to establish one Utility Sec. 2. 12 MRSA §10153, sub-§2, ¶B, as en-
Analyst position to serve as the Interconnection Om- acted by PL 2003, c. 414, Pt. A, §2 and affected by c.
budsman and associated All Other costs. 614, §9, is amended to read:
OTHER SPECIAL 2023-24 2024-25 B. At the request of the commissioner, to conduct
REVENUE FUNDS oral examinations of applicants for guide licenses;
POSITIONS - 1.000 1.000
and
LEGISLATIVE COUNT
Personal Services $118,414 $122,203 Sec. 3. 12 MRSA §10153, sub-§2, ¶C, as en-
All Other $15,391 $15,391 acted by PL 2003, c. 414, Pt. A, §2 and affected by c.
__________ __________ 614, §9, is amended to read:
OTHER SPECIAL REVENUE $133,805 $137,594
FUNDS TOTAL C. To advise the commissioner on granting and re-
voking guide licenses; and.
PUC - Interconnection Ombudsman Fund N467
Sec. 4. 12 MRSA §10153, sub-§2, ¶D, as en-
Initiative: Provides allocations to establish the program acted by PL 2003, c. 414, Pt. A, §2 and affected by c.
and account. 614, §9, is repealed.
OTHER SPECIAL 2023-24 2024-25
REVENUE FUNDS
Sec. 5. 12 MRSA §10153, sub-§4 is enacted to
All Other $500 $500 read:
__________ __________ 4. Compensation. All members of the board ex-
OTHER SPECIAL REVENUE $500 $500 cept state employees are entitled to receive compensa-
FUNDS TOTAL tion as provided in Title 5, chapter 379.
PUBLIC UTILITIES Sec. 6. 12 MRSA §10153, sub-§5 is enacted to
COMMISSION read:
DEPARTMENT TOTALS 2023-24 2024-25
5. Examiners. The board shall designate examin-
ers for the purpose of conducting oral examinations pur-
suant to section 12855, subsection 6. Examiners must
512
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 309
be selected from active or retired members of the Bu- Sec. 13. 12 MRSA §13104, sub-§1, ¶A, as
reau of Warden Service, current or former board mem- amended by PL 2005, c. 1, §1, is further amended to
bers, active or retired members of the marine patrol or read:
currently licensed Maine guides. Designated examiners A. A registration is not required for a snowmobile
are entitled to $150 per day plus per diem.
operated over the snow on land on which the owner
Sec. 7. 12 MRSA §10155, sub-§8 is enacted to lives or on land on which the owner that the snow-
read: mobile operator owns or leases, regardless of
8. Examiners. The board shall designate examin- where that snowmobile operator is domiciled, pro-
vided as long as the snowmobile is not operated
ers for the purpose of conducting oral examinations pur- elsewhere within the jurisdiction of this State.
suant to section 12953. Examiners must be selected
from active or retired members of the Bureau of Warden Sec. 14. Effective date. That section of this Act
Service, current or former board members or currently that amends the Maine Revised Statutes, Title 12, sec-
licensed Maine taxidermists. Designated examiners are tion 11156, subsection 4 takes effect January 1, 2024.
entitled to $150 per day plus per diem.
See title page for effective date, unless otherwise
Sec. 8. 12 MRSA §11156, sub-§4, as amended indicated.
by PL 2005, c. 12, Pt. III, §15, is further amended to
read:
CHAPTER 309
4. Fee. The fee for a pheasant hunting permit is
$18 $29, $1 $2 of which is retained by the commission- H.P. 413 - L.D. 636
er's authorized agent.
An Act to Authorize the
Sec. 9. 12 MRSA §12855, sub-§5, as enacted Department of Health and
by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9,
is amended to read: Human Services to License and
Ensure the Quality of Personal
5. Fee. The examination fee is $100 $125. An Care Agencies
applicant may retake the examination once without pay-
ing an additional fee. The fee is nonrefundable. Be it enacted by the People of the State of Maine
as follows:
Sec. 10. 12 MRSA §12855, sub-§6, as enacted
by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, Sec. 1. 22 MRSA §1717, as amended by PL
is amended to read: 2015, c. 494, Pt. A, §15, is further amended by amend-
ing the section headnote to read:
6. Oral examination. If an oral examination is
administered, the examination must be conducted by at §1717. Registration Licensing of personal care
least 2 trained examiners designated pursuant to section agencies and placement agencies
10153, subsection 2, paragraph D 5 who are approved Sec. 2. 22 MRSA §1717, sub-§1, ¶C, as
by the commissioner or members of the Advisory Board amended by PL 2015, c. 196, §2 and c. 299, §2, is fur-
for the Licensing of Guides. ther amended to read:
Sec. 11. 12 MRSA §12953, sub-§3, ¶C, as C. "Personal care agency" means a business entity
amended by PL 2015, c. 281, Pt. F, §1, is further or subsidiary of a business entity that is not other-
amended to read: wise licensed by the Division of Licensing and
C. The application must be accompanied by a non- Regulatory Services department's division of li-
refundable fee of $50 $125. This fee also applies censing and certification and that hires and em-
to examinations for general classification under de- ploys direct access personnel or individuals who
partment rules. work in direct contact with clients, patients or resi-
dents to provide assistance with activities of daily
Sec. 12. 12 MRSA §12953, sub-§6, as living and related tasks home care services to indi-
amended by PL 2017, c. 72, §4, is further amended to viduals in the places in which they reside, either
read: permanently or temporarily. An individual who
6. License and fee. License applicants who suc- hires and employs direct access personnel or indi-
cessfully meet the qualifications set forth in this section viduals who work in direct contact with clients, pa-
must be issued a license upon payment of a $77 fee for tients or residents to provide care for that individual
a 3-year license. This fee is in addition to the $50 $125 is not a personal care agency, except when permit-
application fee required for a first-time applicant and an ted by rule of the department. "Personal care
application for general classification under department agency" does not include a home health care pro-
rules. vider licensed under chapter 419.
513
PUBLIC LAW, C. 309 FIRST SPECIAL SESSION - 2023
Sec. 3. 22 MRSA §1717, sub-§1, ¶C-1, as en- G. Supervision and organizational structure, in-
acted by PL 2007, c. 324, §2, is repealed. cluding lines of authority;
Sec. 4. 22 MRSA §1717, sub-§2, as repealed H. Record-keeping and confidentiality practices;
and replaced by PL 2015, c. 494, Pt. A, §15, is amended
I. Business records requirements;
to read:
J. Licensing fees that are no less than $200 and no
2. Registration of personal care agencies and more than $2,000; and
placement agencies. Beginning August 1, 1998, Until
June 30, 2024, a personal care agency not otherwise li- K. Other aspects of services provided by a personal
censed by the department shall register with the depart- care agency that may be necessary to protect the
ment. Beginning January 1, 2008, a placement agency public.
not otherwise licensed by the department shall register
Rules adopted pursuant to this subsection are routine
with the department. The department shall adopt rules technical rules as defined in Title 5, chapter 375, sub-
establishing the annual registration fee, which must be
between $25 and $250. Rules adopted pursuant to this chapter 2-A.
subsection are routine technical rules as defined in Title Sec. 7. 22 MRSA §1717, sub-§2-C is enacted
5, chapter 375, subchapter 2‑A. to read:
This subsection is repealed July 1, 2025. 2-C. Types of licenses; terms. Pursuant to sub-
section 2-A, the department may issue licenses to per-
Sec. 5. 22 MRSA §1717, sub-§2-A is enacted sonal care agencies in accordance with this subsection.
to read:
The department may issue:
2-A. Licensing of personal care agencies. Be-
A. A provisional license for an applicant that:
ginning July 1, 2024, an entity may not provide home
care services without a personal care agency license is- (1) Has not previously operated as a personal
sued by the department in accordance with this section. care agency;
All application fees for a license under this section are (2) Complies with all applicable laws and
nonrefundable and are due upon submission of the ap-
plication. rules, except those that can only be complied
with once clients, patients or residents are
A. A personal care agency that holds an unexpired served by the applicant; and
registration issued in accordance with subsection 2 (3) Demonstrates the ability to comply with
may continue to provide home care services until
the registration expires. all applicable laws and rules by the end of the
provisional license term.
This paragraph is repealed July 1, 2025.
A provisional license may be issued for a period of
B. A personal care agency holding an unexpired time of at least 3 months and not more than 12
registration issued in accordance with subsection 2 months;
is not required to obtain a license until the registra-
tion expires. B. A full license for an applicant that has operated
a personal care agency or for an applicant renewing
This paragraph is repealed July 1, 2025. a license that complies with all applicable laws and
Sec. 6. 22 MRSA §1717, sub-§2-B is enacted rules. A full license may be issued for a period of
time not more than 24 months; and
to read:
C. A conditional license for a personal care agency
2-B. Licensing standards for personal care with a provisional or a full license that fails to com-
agencies. The department shall adopt rules to establish
standards and fees for the licensing of personal care ply with applicable laws and rules when, in the
judgment of the commissioner, issuing a condi-
agencies. The licensing standards must include, but are tional license is in the best interest of the public.
not limited to:
The conditional license must specify what correc-
A. General licensing requirements; tions the personal care agency is required to make
during the term of the conditional license and a
B. Quality measures;
timeline for those corrections. The conditional li-
C. Personnel qualifications; cense may be issued for a period of time not more
than 12 months or the remaining period of the per-
D. Mandatory and minimum training require-
ments; sonal care agency's full license, whichever the
commissioner determines is appropriate consider-
E. Home care services; ing the laws and rules violated.
F. Services provided and coordination of services; Sec. 8. 22 MRSA §1717, sub-§2-D is enacted
to read:
514
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 309
2-D. Licenses not assignable or transferable. A nel, including, but not limited to, a certified nursing as-
personal care agency may not assign or transfer a li- sistant or a direct care worker, and immediate supervi-
cense issued under subsection 2-C. A license is imme- sors of direct access personnel.
diately void if ownership or control of the personal care Sec. 11. 22 MRSA §1717, sub-§3-A, as en-
agency changes.
acted by PL 2015, c. 196, §6 and c. 299, §6, is amended
Sec. 9. 22 MRSA §1717, sub-§2-E is enacted to read:
to read:
3-A. Verification of listing on the registry. Prior
2-E. Quality assurance and technical assistance to hiring a certified nursing assistant or, a direct care
for personal care agencies. This subsection governs worker or an immediate supervisor of a certified nurs-
quality assurance and technical assistance for personal ing assistant or direct care worker, a personal care
care agencies. agency or a placement agency shall check the Maine
A. The department may conduct the following ac- Registry of Certified Nursing Assistants and Direct
Care Workers established pursuant to section 1812‑G
tivities to ensure that quality home care services are and verify that a the certified nursing assistant or, direct
provided by personal care agencies:
care worker or immediate supervisor of a certified nurs-
(1) Issue notices of deficiency for a personal ing assistant or direct care worker listed on the registry
care agency's failure to comply with applicable has no disqualifying notations.
federal or state laws, rules or regulations; The department may adopt rules necessary to imple-
(2) Require personal care agencies to submit ment this subsection. Rules adopted pursuant to this
acceptable plans of corrective action to rem- subsection are routine technical rules as defined in Title
edy deficiencies identified under subparagraph 5, chapter 375, subchapter 2‑A.
(1); Sec. 12. 22 MRSA §1717, sub-§4, as amended
(3) Direct personal care agencies to comply by PL 2015, c. 196, §7 and c. 299, §7, is further
with plans of corrective action issued under amended to read:
subparagraph (2);
4. Penalties. The following penalties apply to vi-
(4) Apply sanctions in accordance with sub- olations of this section.
section 13-A, paragraph A, subparagraph (5); A. A person who An entity that operates a personal
or
care agency or placement agency without register-
(5) Condition, suspend, revoke or refuse to re- ing with the department as required by subsection
new a personal care agency's license issued un- 2 commits a civil violation for which a fine of not
der subsection 2-C on the basis of the agency's less than $500 per day of operation but not more
noncompliance with plans of corrective action. than $10,000 may be adjudged. Each day of viola-
tion constitutes a separate offense.
B. The provisions of paragraph A apply to a per-
sonal care agency that holds a registration during This paragraph is repealed July 1, 2025.
the time the registration is in effect. A-1. An entity that operates a personal care agency
This paragraph is repealed July 1, 2025. without obtaining a license from the department as
required by subsection 2-A commits a civil viola-
The department shall adopt rules to implement this sub- tion for which a fine of not less than $500 per day
section. Rules adopted pursuant to this subsection are
routine technical rules as defined in Title 5, chapter 375, of operation but not more than $10,000 may be ad-
judged. Each day of violation constitutes a separate
subchapter 2-A. offense.
Sec. 10. 22 MRSA §1717, sub-§3, as amended B. A person who An entity that operates a personal
by PL 2015, c. 196, §5 and repealed and replaced by c.
299, §5, is further amended to read: care agency or placement agency in violation of the
employment prohibitions in subsection 3 or 3‑A
3. Prohibited employment based on disqualify- commits a civil violation for which a fine of not
ing offenses. A personal care agency or a placement less than $500 per day of operation in violation but
agency shall conduct a comprehensive background not more than $10,000 per day may be adjudged,
check for direct access personnel and immediate super- beginning on the first day that a violation occurs.
visors of direct access personnel in accordance with Each day of violation constitutes a separate of-
state law and rules adopted by the department and is fense.
subject to the employment restrictions set out in section
1812‑G and other applicable federal and state laws
Sec. 13. 22 MRSA §1717, sub-§6, as enacted
by PL 2007, c. 324, §2, is amended to read:
when hiring, employing or placing direct access person-
6. Enforcement actions by the Office of the At-
torney General. The Office of the Attorney General
515
PUBLIC LAW, C. 309 FIRST SPECIAL SESSION - 2023
may file a complaint with the District Court seeking B. The provisions of paragraph A apply to a per-
civil penalties or injunctive relief or both for violations sonal care agency that does not hold a registration
of this section. during the time registration may be required.
Sec. 14. 22 MRSA §1717, sub-§9, as enacted This paragraph is repealed July 1, 2025.
by PL 2007, c. 324, §2, is amended to read: Sec. 16. 22 MRSA §1717, sub-§11, as enacted
9. Right of entry. This subsection governs the de- by PL 2007, c. 324, §2, is repealed and the following
partment's right of entry. enacted in its place:
A. An application for registration licensure of a 11. Noninterference. This subsection prohibits
personal care agency or placement agency consti- interfering with department investigations.
tutes permission for entry and inspection to verify A. An owner or operator of an unlicensed personal
compliance with applicable laws and rules.
care agency may not interfere with, impede or ob-
B. The department has the right to enter and in- struct an investigation by the department, including
spect the premises of a personal care agency or but not limited to interviewing persons receiving
placement agency registered licensed by the de- home care services or persons with knowledge of
partment at a reasonable time and, upon demand, the agency.
has the right to inspect and copy any books, ac-
B. The provisions of paragraph A apply to an
counts, papers, records and other documents in or- owner or operator of a personal care agency that
der to determine the state of compliance with ap-
plicable laws and rules. does not hold a registration during the time regis-
tration may be required.
C. To inspect a personal care agency or placement
This paragraph is repealed July 1, 2025.
agency that the department knows or believes is be-
ing operated without being registered licensed, the Sec. 17. 22 MRSA §1717, sub-§13, as enacted
department may enter only with the permission of by PL 2007, c. 324, §2, is repealed and the following
the owner or person in charge or with an adminis- enacted in its place:
trative inspection warrant issued pursuant to the
Maine Rules of Civil Procedure, Rule 80E by the 13. Suspension or revocation. This subsection
governs suspension or revocation of licenses for per-
District Court authorizing entry and inspection. sonal care agencies.
D. The provisions of paragraphs A, B and C apply A. A personal care agency found to be in violation
to a personal care agency that holds, is applying for
or does not hold a registration during the time reg- of this section may have its license to operate as a
personal care agency suspended or revoked. The
istration may be required. department may file a complaint with the District
This paragraph is repealed July 1, 2025. Court requesting suspension or revocation of a li-
cense to operate a personal care agency.
Sec. 15. 22 MRSA §1717, sub-§10, as enacted
by PL 2007, c. 324, §2, is repealed and the following B. The provisions of paragraph A apply to a per-
enacted in its place: sonal care agency that holds a registration during
10. Administrative inspection warrant. This the time the registration is in effect.
subsection governs administrative inspection warrants. This paragraph is repealed July 1, 2025.
A. The department and a duly designated officer Sec. 18. 22 MRSA §1717, sub-§13-A is en-
or employee of the department have the right to en- acted to read:
ter upon and into the premises of an unlicensed per-
13-A. Enforcement actions by the department.
sonal care agency with an administrative inspection This subsection governs the department's enforcement
warrant issued pursuant to the Maine Rules of Civil
Procedure, Rule 80E by the District Court at a rea- authority.
sonable time and, upon demand, have the right to A. If a personal care agency fails to comply with
inspect and copy any books, accounts, papers, rec- applicable laws and rules, the department may:
ords and other documents in order to determine the
(1) Refuse to issue or renew a license;
state of compliance with this section. The right of
entry and inspection may extend to any premises (2) Issue a conditional license in accordance
and documents of a person, firm, partnership, asso- with subsection 2-C;
ciation, corporation or other entity that the depart- (3) File a complaint with the District Court in
ment has reason to believe is operating without be-
ing licensed. accordance with Title 4, section 184 or the
Maine Administrative Procedure Act to sus-
pend or revoke a license pursuant to subsection
13;
516
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 309
(4) Petition the Superior Court to appoint a re- (2) Denial of a provisional license;
ceiver to operate the personal care agency in
accordance with chapter 1666-A; and (3) Issuance of a conditional license;
(5) Impose one or more of the following sanc- (4) Amendment or modification of a license;
or
tions as necessary and appropriate to ensure
compliance with applicable laws and rules or (5) Imposition of sanctions.
to protect an individual served by the personal
B. The provisions of paragraph A apply to a regis-
care agency: tration during the time the registration is in effect.
(a) Direct a personal care agency to stop This paragraph is repealed July 1, 2025.
admissions or intake of new clients, pa-
tients or residents regardless of payment Sec. 20. 22 MRSA §1717, sub-§15 is enacted
source, until the department determines to read:
that the personal care agency has taken
corrective action; 15. Confidentiality of records. This subsection
governs confidentiality.
(b) Direct a personal care agency to cor-
A. A department record that contains personally
rect any deficiencies in a manner and identifiable information or health information of
within a time frame that the department
determines appropriate to ensure compli- clients, patients or residents created or obtained in
connection with the department's licensing or qual-
ance with applicable laws and rules or to ity assurance activities under this section is confi-
protect an individual served by a personal
care agency; or dential.
(c) In addition to, or in lieu of, the penal- B. The provisions of paragraph A apply to a de-
partment record that contains personally identifia-
ties imposed pursuant to subsection 4, im- ble information or health information of clients, pa-
pose a penalty upon a personal care
agency for a violation of this section or tients or residents created or obtained in connection
with the department's registration activities.
rules adopted pursuant to this section.
The department shall by rule establish a This paragraph is repealed July 1, 2025.
schedule of penalties according to the na-
ture of the violation that are no less than
Sec. 21. 22 MRSA §1812-G, sub-§1-B, ¶G-1
is enacted to read:
$500 per day of operation but not more
than $10,000 per day. Each day of a vio- G-1. "Immediate supervisor" means an individual
lation constitutes a separate offense. who directly supervises a certified nursing assistant
Rules adopted pursuant to this section are or a direct care worker at a personal care agency
routine technical rules as defined in Title licensed under section 1717.
5, chapter 375, subchapter 2-A. Sec. 22. 22 MRSA §1812-G, sub-§2-A, as en-
B. The provisions of paragraph A apply to a per- acted by PL 2015, c. 196, §9, is amended to read:
sonal care agency that holds, is applying for or does
not hold a registration during the time registration 2-A. Registry listing. All active certified nursing
assistants employed in the State must be listed on the
may be required. registry. The registry must contain a listing of certified
This paragraph is repealed July 1, 2025. nursing assistants and, direct care workers and immedi-
ate supervisors that are ineligible for employment based
The department shall engage in monitoring activities on on notations for disqualifying offenses. Direct care
at least a biennial basis to ensure that a personal care
agency, regardless of its licensure status, is in compli- workers registered for training, education or compli-
ance purposes may apply for registration and listing on
ance with applicable laws and rules. the registry. Direct care workers who may be listed on
Sec. 19. 22 MRSA §1717, sub-§13-B is en- the registry include but are not limited to the following:
acted to read:
A. Behavior specialists;
13-B. Appeals. This subsection governs appeals
of certain department decisions. B. Behavioral health professionals;
(1) Denial of or refusal to renew a full license; F. Mental health rehabilitation technicians;
G. Mental health support specialists;
517
PUBLIC LAW, C. 309 FIRST SPECIAL SESSION - 2023
H. Other qualified mental health professionals; D. Petitions filed by a the certified nursing assis-
tant or, direct care worker or immediate supervisor
I. Personal care or support specialists; for removal of an employment ban issued by the
J. Registered medical assistants; department that was based on a criminal conviction
and the department’s review and determination.
K. Residential care specialists;
L. Community health workers; and
Sec. 25. 22 MRSA §1812-G, sub-§4, as
amended by PL 2015, c. 196, §9, is further amended to
M. Other direct care workers described in rules read:
adopted by the department pursuant to subsection
18. 4. Department verification of credentials and
training. The department may verify the credentials
Sec. 23. 22 MRSA §1812-G, sub-§2-B, as en- and training of certified nursing assistants and, regis-
acted by PL 2015, c. 196, §9, is amended to read: tered direct care workers and immediate supervisors
listed on the registry.
2-B. Individual information. The registry must
include information for each listed certified nursing as- Sec. 26. 22 MRSA §1812-G, sub-§4-A, as
sistant and, direct care worker and immediate supervi- amended by PL 2015, c. 196, §9, is further amended to
sor as required by rules adopted by the department pur- read:
suant to subsection 18.
4-A. Provider verification fee. The department
Sec. 24. 22 MRSA §1812-G, sub-§2-C, as en- may establish a provider verification fee not to exceed
acted by PL 2015, c. 196, §9, is amended to read: $25 annually per provider for verification of a certified
2-C. Registry notations. The registry must in- nursing assistant's or, a registered direct care worker's
or an immediate supervisor's credentials and training.
clude for a certified nursing assistant and, a direct care Providers may not pass the cost on to the individual cer-
worker and an immediate supervisor listed on the regis-
try a notation of: tified nursing assistant or, registered direct care worker
or immediate supervisor. Provider verification fees col-
A. Disqualifying criminal convictions; lected by the department must be placed in a special rev-
B. Nondisqualifying criminal convictions, except enue account to be used by the department to operate
the registry, including but not limited to the cost of
that a notation is not required on the registry for criminal history record checks. The department may
Class D and Class E criminal convictions over 10
years old that did not involve as a victim of the act adopt rules necessary to implement this subsection.
Rules adopted pursuant to this subsection are routine
a patient, client or resident; technical rules as defined in Title 5, chapter 375, sub-
C. Substantiated findings, including but not lim- chapter 2‑A.
ited to the following information:
Sec. 27. 22 MRSA §1812-G, sub-§6, as re-
(1) Documentation of an investigation of a the pealed and replaced by PL 2015, c. 494, Pt. A, §16, is
certified nursing assistant or a, direct care amended to read:
worker or immediate supervisor, including the 6. Prohibited employment based on disqualify-
nature of the allegation and evidence support-
ing a determination that substantiates the alle- ing offenses. An individual with a disqualifying of-
fense, including a substantiated complaint or a disqual-
gation of abuse, neglect or misappropriation of ifying criminal conviction, may not work as a certified
property of a client, patient or resident;
nursing assistant or, a direct care worker or an immedi-
(2) Documentation of substantiated findings ate supervisor, and an employer is subject to penalties
of abuse, neglect or misappropriation of prop- for employing a disqualified or otherwise ineligible per-
erty of a client, patient or resident; son in accordance with applicable federal or state laws.
(3) If the certified nursing assistant or, direct Sec. 28. 22 MRSA §1812-G, sub-§6-A, as
care worker or immediate supervisor appealed amended by PL 2015, c. 494, Pt. A, §§17 and 18, is fur-
the substantiated finding, the date of the hear- ther amended to read:
ing; and 6-A. Background check. Certified nursing assis-
(4) The statement of the certified nursing as- tants and, direct care workers and immediate supervi-
sistant or, direct care worker or immediate su- sors are subject to a background check as defined by
pervisor disputing the allegation of abuse, ne- rules adopted by the department and according to the
glect or misappropriation of property of a cli- following:
ent, patient or resident if the certified nursing
assistant or, direct care worker or immediate A. A training program for certified nursing assis-
tants or direct care workers must secure or pay for
supervisor submitted such a statement; and a background check on each individual who applies
for enrollment. The individual's current name and
518
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 309
all previous names are subject to the background A. A disqualifying criminal conviction within the
check. A copy of the background check is given to previous 10 years prohibits employment as a certi-
the individual who, upon successful completion of fied nursing assistant or, a direct care worker or an
the training, submits it with an application to be immediate supervisor.
listed on the registry as a certified nursing assistant
or a registered direct care worker. (1) An individual with a disqualifying crimi-
nal conviction is subject to an employment ban
(1) Prior to enrolling an individual, a training of 10 or 30 years. The department shall adopt
program for certified nursing assistants or di- rules that specify disqualifying criminal con-
rect care workers must notify individuals that victions that prohibit employment for 10 years
a background check will be conducted and that and disqualifying criminal convictions that
certain disqualifying offenses, including crim- prohibit employment for 30 years.
inal convictions, may prohibit an individual
from working as a certified nursing assistant or B. Nondisqualifying criminal convictions do not
prohibit employment as a certified nursing assistant
a direct care worker. or, a direct care worker or an immediate supervisor.
B. Pursuant to sections 1717, 1724, 2137, 2149‑A, Sec. 31. 22 MRSA §1812-G, sub-§6-D, as en-
7706, 8606 and 9005 and Title 34‑B, section 1225,
licensed, certified or registered providers shall se- acted by PL 2015, c. 196, §9, is amended to read:
cure and pay for a background check prior to hiring 6-D. Petition for removal of an employment
an individual who will work in direct contact with ban; criminal conviction. Prior to the expiration of an
clients, patients or residents, including a certified employment ban under subsection 6‑C, paragraph A,
nursing assistant or, a direct care worker or an im- subparagraph (1), an individual may petition the depart-
mediate supervisor. ment for removal of an employment ban that is based
on a disqualifying criminal conviction. Unless other-
C. The department may secure a background check
on certified nursing assistants and, registered direct wise prohibited, removal of the employment ban allows
the individual to work as a certified nursing assistant or,
care workers and immediate supervisors on the reg- a direct care worker or an immediate supervisor.
istry every 2 years.
A. No sooner than 5 years after an individual is
D. A person or other legal entity that is not other-
wise licensed by the department and that employs discharged from the legal restraints imposed by the
criminal conviction, an individual may petition the
or places a certified nursing assistant or direct care department for removal of a 10-year employment
worker to provide services allowing direct access
shall secure and pay for a background check in ac- ban.
cordance with state law and rules adopted by the B. No sooner than 15 years after an individual is
department. discharged from the legal restraints imposed by the
criminal conviction, an individual may petition the
Sec. 29. 22 MRSA §1812-G, sub-§6-B, as en- department for removal of a 30-year employment
acted by PL 2015, c. 196, §9, is amended to read:
ban.
6-B. Convictions within previous 10 years; im-
C. A successful petitioner must meet the criteria
pact on employment eligibility. The department shall established by department rules for removal of an
determine the effect of a criminal conviction within the
previous 10 years on the employability of an individual employment ban. Criteria must include but not be
limited to an assessment of the risk of reoffending
as a certified nursing assistant or, a direct care worker and the conduct of the petitioner since the convic-
or an immediate supervisor based on rules adopted by
the department pursuant to subsection 18. tion.
Sec. 30. 22 MRSA §1812-G, sub-§6-C, as en- A petition for removal of an employment ban sub-
mitted by a certified nursing assistant or, a regis-
acted by PL 2015, c. 196, §9, is amended to read: tered direct care worker or an immediate supervisor
6-C. Table of crimes. Department rules must in- must be denied if the conduct that led to the con-
clude a table of crimes. Specific crimes listed on the ta- viction would have resulted in a lifetime ban if that
ble must be considered substantive offenses under Title conduct had been investigated as a complaint that
17‑A, Part 2 or crimes identified in federal or state law resulted in a substantiated finding under subsection
that prohibit employment of an individual subject to this 13.
chapter. Convictions of specific crimes must be catego-
D. When the department grants a petition for re-
rized in the table of crimes as disqualifying criminal moval of an employment ban, the individual, un-
convictions or nondisqualifying criminal convictions.
Convictions in other jurisdictions for similar crimes less otherwise prohibited, may work as a certified
nursing assistant or, a direct care worker or an im-
must be identified as disqualifying or nondisqualifying mediate supervisor. The notation of the criminal
convictions.
conviction remains on the registry.
519
PUBLIC LAW, C. 309 FIRST SPECIAL SESSION - 2023
Sec. 32. 22 MRSA §1812-G, sub-§10, as en- 1. Grounds for appointment. The following cir-
acted by PL 2015, c. 196, §9, is amended to read: cumstances are grounds for the appointment of a re-
ceiver to operate a long-term care facility, home health
10. Complaint investigation. The department
may investigate complaints and allegations against cer- care provider, personal care agency, general and spe-
cialty hospitals, critical access hospitals, ambulatory
tified nursing assistants or, registered direct care work- surgical centers, hospice agencies and end-stage renal
ers or immediate supervisors of abuse, neglect, exploi-
tation or misappropriation of property of a client, pa- disease units.:
tient or resident. A. A long-term care facility, home health care pro-
vider, personal care agency, general hospital, spe-
Sec. 33. 22 MRSA §1812-G, sub-§12, as en- cialty hospital, critical access hospital, ambulatory
acted by PL 2015, c. 196, §9, is amended to read:
surgical center, hospice agency or end-stage renal
12. Right to hearing; appeal. In accordance with disease unit intends to close but has not arranged at
department rules, a certified nursing assistant or, a reg- least 30 days prior to closure for the orderly trans-
istered direct care worker or an immediate supervisor fer of its residents or clients.;
may request an administrative hearing to appeal a sub-
stantiated finding under subsection 11. B. An emergency exists in a long-term care facil-
ity, home health care provider, personal care
Sec. 34. 22 MRSA §1812-G, sub-§13, as en- agency, general hospital, specialty hospital, critical
acted by PL 2015, c. 196, §9, is amended to read: access hospital, ambulatory surgical center, hos-
pice agency or end-stage renal disease unit that
13. Substantiated finding; lifetime employment threatens the health, security or welfare of residents
ban. A certified nursing assistant or, a registered direct
care worker or an immediate supervisor with a notation or clients.; or
of a substantiated finding on the registry is banned for C. A long-term care facility, home health care pro-
life from employment as either a certified nursing assis- vider, personal care agency, general hospital, spe-
tant or, a direct care worker or an immediate supervisor. cialty hospital, critical access hospital, ambulatory
Sec. 35. 22 MRSA §7931, as amended by PL surgical center, hospice agency or end-stage renal
disease unit is in substantial or habitual violation of
1999, c. 384, §5, is further amended to read: the standards of health, safety or resident care es-
§7931. Policy tablished under state or federal regulations to the
detriment of the welfare of the residents or clients.
It is the purpose of this chapter to develop a mech-
anism by which the concept of receivership can be uti- This remedy is in addition to, and not in lieu of, the
lized for the protection of residents in long-term care power of the department to revoke, suspend or refuse to
facilities, clients of home health care providers and per- renew a license under the Maine Administrative Proce-
sonal care agencies, general and specialty hospitals, dure Act.
critical access hospitals, ambulatory surgical centers,
hospice agencies and end-stage renal disease units. It is
Sec. 39. 22 MRSA §7934, as amended by PL
1999, c. 384, §15, is further amended to read:
the intent of the Legislature that receivership be a rem-
edy of last resort when all other methods of remedy §7934. Powers and duties of the receiver
have failed or when the implementation of other reme- 1. Powers and duties. A receiver appointed pur-
dies would be futile.
suant to this chapter has such powers as the court may
Sec. 36. 22 MRSA §7932, sub-§1-A, as direct to operate the long-term care facility, home health
amended by PL 1999, c. 384, §6, is further amended to care provider, personal care agency, general hospital,
read: specialty hospital, critical access hospital, ambulatory
surgical center, hospice agency or end-stage renal dis-
1-A. Client. "Client" means a person who receives ease unit and to remedy the conditions that constituted
services from a home health agency, personal care
agency, long-term care facility, general and specialty grounds for the receivership, to protect the health,
safety and welfare of the residents or clients and to pre-
hospital, critical access hospital, ambulatory surgical serve the assets and property of the residents or clients,
facility, hospice agency or end-stage renal disease unit.
the owner and the licensee. On notice and hearing, the
Sec. 37. 22 MRSA §7932, sub-§5-A is enacted court may issue a writ of possession in behalf of the re-
to read: ceiver, for specified facility property.
5-A. Personal care agency. "Personal care The receiver shall make reasonable efforts to notify res-
agency" means an organization or other entity licensed idents or clients and family that the long-term care fa-
under section 1717. cility, home health care provider, personal care agency,
general hospital, specialty hospital, critical access hos-
Sec. 38. 22 MRSA §7933, sub-§1, as amended pital, ambulatory surgical center, hospice agency or
by PL 1999, c. 384, §14, is further amended to read:
end-stage renal disease unit is placed in receivership.
520
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 309
The owner and licensee are divested of possession and to the following provisions, to debts incurred by the
control of the long-term care facility, home health care licensee prior to the appointment of the receiver.
provider, personal care agency, general hospital, spe- The receiver shall ask the court for direction in the
cialty hospital, critical access hospital, ambulatory sur- treatment of debts incurred prior to appointment
gical center, hospice agency or end-stage renal disease where such when the debts appear extraordinary, of
unit during the period of receivership under such condi- questionable validity, or unrelated to the normal
tions as the court specifies. With the court's approval, and expected maintenance and operation of the
the receiver has specific authority to: long-term care facility, home health care provider,
personal care agency, general hospital, specialty
A. Remedy violations of federal and state regula-
tions governing the operation of the long-term care hospital, critical access hospital, ambulatory surgi-
cal center, hospice agency or end-stage renal dis-
facility, home health care provider, personal care ease unit, or where when payment of the debts will
agency, general hospital, specialty hospital, critical
access hospital, ambulatory surgical center, hos- interfere with the purposes of the receivership. Pri-
ority must be given by the receiver to expenditures
pice agency or end-stage renal disease unit; for current direct resident or client care. Revenues
B. Hire, direct, manage and discharge any employ- held by or owing to the receiver in connection with
ees, including the administrator of the long-term the operation of the long-term care facility, home
care facility, home health care provider, personal health care provider, personal care agency, general
care agency, general hospital, specialty hospital, hospital, specialty hospital, critical access hospital,
critical access hospital, ambulatory surgical center, ambulatory surgical center, hospice agency or end-
hospice agency or end-stage renal disease unit; stage renal disease unit are exempt from attach-
C. Receive and expend in a reasonable and prudent ment and trustee process, including process served
prior to the institution of receivership proceedings.
manner the revenues of the long-term care facility,
home health care provider, personal care agency, B. The receiver may correct or eliminate any defi-
general hospital, specialty hospital, critical access ciency of the long-term care facility, home health
hospital, ambulatory surgical center, hospice care provider, personal care agency, general hospi-
agency or end-stage renal disease unit due during tal, specialty hospital, critical access hospital, am-
the 30-day period preceding the date of appoint- bulatory surgical center, hospice agency or end-
ment and becoming due thereafter; stage renal disease unit that endangers the safety or
health of the resident or client, if the total cost of
D. Continue the business of the long-term care fa- the correction does not exceed $3,000. On appli-
cility, home health care provider, personal care
agency, general hospital, specialty hospital, critical cation by the receiver, the court may order expend-
itures for this purpose in excess of $3,000. The li-
access hospital, ambulatory surgical center, hos- censee or owner may apply to the court to deter-
pice agency or end-stage renal disease unit and the
care of residents or clients; mine the reasonableness of any expenditure over
$3,000 by the receiver.
E. Correct or eliminate any deficiency of the long-
C. In the event that the receiver does not have suf-
term care facility, home health care provider, per- ficient funds to cover expenses needed to prevent
sonal care agency, general hospital, specialty hos-
pital, critical access hospital, ambulatory surgical or remove jeopardy to the residents or clients, the
receiver may petition the court for permission to
center, hospice agency or end-stage renal disease borrow for these purposes. Notice of the receiver's
unit that endangers the safety or health of the resi-
dents or clients, if the total cost of the correction petition to the court for permission to borrow must
be given to the owner, the licensee and the depart-
does not exceed $3,000. The court may order ex- ment. The court may, after hearing, authorize the
penditures for this purpose in excess of $3,000 on
application from the receiver; and receiver to borrow money upon specified terms of
repayment and to pledge security, if necessary, if
F. Exercise such additional powers and perform the court determines that the long-term care facil-
such additional duties, including regular ac- ity, home health care provider, personal care
countings, as the court considers appropriate. agency, general hospital, specialty hospital, critical
access hospital, ambulatory surgical center, hos-
2. Revenues of the facility. Revenues of the fa-
cility must be handled as follows. pice agency or end-stage renal disease unit should
not be closed and that the loan is reasonably neces-
A. The receiver shall apply the revenues of the sary to prevent or remove jeopardy or if it deter-
long-term care facility, home health care provider, mines that the long-term care facility, home health
personal care agency, general hospital, specialty care provider, personal care agency, general hospi-
hospital, critical access hospital, ambulatory surgi- tal, specialty hospital, critical access hospital, am-
cal center, hospice agency or end-stage renal dis- bulatory surgical center, hospice agency or end-
ease unit to current operating expenses and, subject stage renal disease unit should be closed and that
521
PUBLIC LAW, C. 309 FIRST SPECIAL SESSION - 2023
the expenditure is necessary to prevent or remove action against the receiver for payment or for the pos-
jeopardy to residents or clients for the limited pe- session of the subject goods or real estate by a person
riod of time that they are awaiting transfer. The who received such notice.
purpose of this provision is to protect residents or Notwithstanding this subsection, there may not be a
clients and to prevent the closure of long-term care
facilities, home health care providers, personal care foreclosure or eviction during the receivership by any
person if the foreclosure or eviction would, in view of
agencies, general hospitals, specialty hospitals, the court, serve to defeat the purpose of the receiver-
critical access hospitals, ambulatory surgical cen-
ters, hospice agencies or end-stage renal disease ship.
units that, under proper management, are likely to 4. Closing of long-term care facility, home
be viable operations. This section may not be con- health care provider, personal care agency, general
strued as a method of financing major repair or cap- hospital, specialty hospital, critical access hospital,
ital improvements to facilities that have been al- ambulatory surgical center, hospice agency or end-
lowed to deteriorate because the owner or licensee stage renal disease unit. The receiver may not close
has been unable or unwilling to secure financing by the long-term care facility, home health care provider,
conventional means. personal care agency, general hospital, specialty hospi-
tal, critical access hospital, ambulatory surgical center,
3. Avoidance of preexisting leases, mortgages hospice agency or end-stage renal disease unit without
and contracts. A receiver may not be required to honor
a lease, mortgage, secured transaction or other contract leave of the court. In ruling on the issue of closure, the
court shall consider:
entered into by the owner or licensee of the long-term
care facility, home health care provider, personal care A. The rights and best interests of the residents or
agency, general hospital, specialty hospital, critical ac- clients;
cess hospital, ambulatory surgical center, hospice B. The availability of suitable alternative place-
agency or end-stage renal disease unit if the court finds
that: ments;
A. The person seeking payment under the agree- C. The rights, interest and obligations of the owner
and licensee;
ment has an ownership interest in the long-term
care facility, home health care provider, personal D. The licensure status of the long-term care facil-
care agency, general hospital, specialty hospital, ity, home health care provider, personal care
critical access hospital, ambulatory surgical center, agency, general hospital, specialty hospital, critical
hospice agency or end-stage renal disease unit or access hospital, ambulatory surgical center, hos-
was related to the licensee, the long-term care fa- pice agency or end-stage renal disease unit; and
cility, home health care provider, personal care E. Any other factors that the court considers rele-
agency, general hospital, specialty hospital, critical
access hospital, ambulatory surgical center, hos- vant.
pice agency or end-stage renal disease unit by a sig- When a long-term care facility, home health care pro-
nificant degree of common ownership or control at vider, personal care agency, general hospital, specialty
the time the agreement was made; or hospital, critical access hospital, ambulatory surgical
B. The rental, price or rate of interest required to center, hospice agency or end-stage renal disease unit is
closed, the receiver shall provide for the orderly transfer
be paid under the agreement is in excess of a rea- of residents or clients to mitigate transfer trauma.
sonable rental, price or rate of interest.
If the receiver is in possession of real estate or goods
Sec. 40. 22 MRSA §7937, as amended by PL
subject to a lease, mortgage or security interest that the 1999, c. 384, §16, is further amended to read:
receiver is permitted to avoid and if the real estate or §7937. Court order to have effect of license
goods are necessary for the continued operation of the
long-term care facility, home health care provider, per- An order appointing a receiver under section 7933
has the effect of a license for the duration of the receiv-
sonal care agency, general hospital, specialty hospital, ership. The receiver is responsible to the court for the
critical access hospital, ambulatory surgical center, hos-
pice agency or end-stage renal disease unit, the receiver conduct of the long-term care facility, home health care
provider, personal care agency, general hospital, spe-
may apply to the court to set a reasonable rental, price cialty hospital, critical access hospital, ambulatory sur-
or rate of interest to be paid by the receiver during the
term of the receivership. The court shall hold a hearing gical center, hospice agency or end-stage renal disease
unit during the receivership, and a violation of regula-
on the application within 15 days, and the receiver shall tions governing the conduct of the long-term care facil-
send notice of the application to any known owners and
mortgagees of the property at least 10 days before the ity, home health care provider, personal care agency,
general hospital, specialty hospital, critical access hos-
hearing. Payment by the receiver of the amount deter- pital, ambulatory surgical center, hospice agency or
mined by the court to be reasonable is a defense to an
522
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 310
end-stage renal disease unit, if not promptly corrected, AUDIOLOGY AND SPEECH-LANGUAGE
must be reported by the department to the court. PATHOLOGY INTERSTATE COMPACT
Sec. 41. 22 MRSA §9053, sub-§14, ¶D, as §17501. Short title, legislative intent and declaration
enacted by PL 2015, c. 299, §25, is repealed and the of purpose
following enacted in its place: 1. Short title. This subchapter may be known and
D. An independent contractor pursuant to Title 26, cited as "the Audiology and Speech-Language Pathol-
section 1043, subsection 11, paragraph E or Title ogy Interstate Compact."
39‑A, section 102, subsection 13‑A; a worker who
2. Legislative intent. This compact is the Maine
is placed with a provider by a temporary nurse enactment of the "Audiology and Speech-Language Pa-
agency; or a worker who is placed with a provider
by a personal care agency registered or licensed thology Interstate Compact," which is referred to in this
subchapter as "the compact." The form, format and text
pursuant to section 1717; and of the compact have been changed minimally so as to
Sec. 42. 22 MRSA §9053, sub-§17, as enacted conform to the Maine Revised Statutes. The changes to
by PL 2015, c. 299, §25, is amended to read: the compact are technical in nature, and this Act must
be interpreted as substantively the same as the compact
17. Employer. "Employer" means a person or
other legal entity that employs or places a direct access that is enacted by other compact states.
worker or otherwise provides direct access services. 3. Declaration of purpose. The purpose of this
"Employer" includes a provider, a temporary nurse compact is to facilitate interstate practice of audiology
agency, and a personal care agency and a placement and speech-language pathology with the goal of im-
agency. proving public access to audiology and speech-
language pathology services. The practice of audiology
Sec. 43. 22 MRSA §9053, sub-§27, as enacted and speech-language pathology occurs in the state
by PL 2015, c. 299, §25, is amended to read:
where the client is located at the time of the client en-
27. Personal care agency and placement agency. counter. The compact preserves the regulatory authority
"Personal care agency," and "placement agency" mean of states to protect public health and safety through the
as it pertains to a registered entity, means an entity reg- current system of state licensure. The compact is de-
istered pursuant to section 1717, subsection 2. signed to achieve the following objectives:
This subsection is repealed July 1, 2025. A. Increase public access to audiology and speech-
language pathology services by providing for the
Sec. 44. 22 MRSA §9053, sub-§27-A is en- mutual recognition of other member state licenses;
acted to read:
27-A. Personal care agency. "Personal care B. Enhance the states' ability to protect the public's
health and safety;
agency" means an entity licensed pursuant to section
1717, subsection 2-A. C. Encourage the cooperation of member states in
regulating multistate audiology and speech-
Sec. 45. Effective date. That section of this Act language pathology practice;
that enacts the Maine Revised Statutes, Title 22, section
9053, subsection 27-A takes effect July 1, 2024. D. Support spouses of relocating active duty mili-
tary personnel;
See title page for effective date, unless otherwise
indicated. E. Enhance the exchange of licensure, investigative
and disciplinary information between member
states;
CHAPTER 310
F. Allow a remote state to hold a provider of ser-
S.P. 275 - L.D. 717 vices with a compact privilege in that state account-
able to that state's practice standards; and
An Act to Adopt the Audiology
and Speech-Language G. Allow for the use of telehealth technology to fa-
Pathology Interstate Compact cilitate increased access to audiology and speech-
language pathology services.
Be it enacted by the People of the State of Maine §17502. Definitions
as follows:
As used in this subchapter, unless the context oth-
Sec. 1. 32 MRSA c. 137, sub-c. 5 is enacted to erwise indicates, the following terms have the following
read: meanings.
SUBCHAPTER 5
523
PUBLIC LAW, C. 310 FIRST SPECIAL SESSION - 2023
1. Active duty military. "Active duty military" 11. Data system. "Data system" means a reposi-
means full-time duty status in the active uniformed ser- tory of information about licensees, including, but not
vice of the United States, including members of the Na- limited to, continuing education, examination, licen-
tional Guard and Reserve on active duty orders pursuant sure, investigative, compact privilege and adverse ac-
to 10 United States Code, Chapter 1209 and 10 United tion.
States Code, Chapter 1211.
12. Encumbered license. "Encumbered license"
2. Adverse action. "Adverse action" means any means a license in which an adverse action restricts the
administrative, civil, equitable or criminal action per- practice of audiology or speech-language pathology by
mitted by a state's laws that is imposed by a licensing the licensee and the adverse action has been reported to
board or other authority against an audiologist or the National Practitioners Data Bank.
speech-language pathologist, including actions against 13. Executive committee. "Executive committee"
an individual's license or privilege to practice such as
revocation, suspension, probation, monitoring of the li- means a group of members elected or appointed to act
on behalf of, and within the powers granted to them by,
censee or restriction on the licensee's practice. the commission.
3. Alternative program. "Alternative program" 14. Home state. "Home state" means the member
means a nondisciplinary monitoring process approved
by an audiology or speech-language pathology licens- state that is the licensee's primary state of residence.
ing board to address impaired practitioners. 15. Impaired practitioner. "Impaired practi-
tioner" means an individual whose professional practice
4. Audiologist. "Audiologist" means an individual is adversely affected by substance use disorder, addic-
who is licensed by a state to practice audiology.
tion or other health-related conditions.
5. Audiology. "Audiology" means the care and
services provided by a licensed audiologist as set forth 16. Licensee. "Licensee" means an individual who
currently holds an authorization from the state licensing
in the member state's statutes and rules. board to practice as an audiologist or speech-language
6. Audiology and Speech-Language Pathology pathologist.
Compact Commission. "Audiology and Speech-
Language Pathology Compact Commission" or "com- 17. Member state. "Member state" means a state
that has enacted the compact.
mission" means the national administrative body whose
membership consists of all states that have enacted the 18. Privilege to practice. "Privilege to practice"
compact. means a legal authorization permitting the practice of
7. Audiology and speech-language pathology li- audiology or speech-language pathology in a remote
state.
censing board. "Audiology and speech-language pa-
thology licensing board," "audiology licensing board," 19. Remote state. "Remote state" means a mem-
"speech-language pathology licensing board" or "li- ber state other than the home state where a licensee is
censing board" means the agency of a state that is re- exercising or seeking to exercise the compact privilege.
sponsible for the licensing and regulation of audiolo-
gists and speech-language pathologists. 20. Rule. "Rule" means a regulation, principle or
directive promulgated by the commission that has the
8. Client. "Client" means a recipient of audiology force of law.
or speech-language pathology services. 21. Single-state license. "Single-state license"
9. Compact privilege. "Compact privilege" means means an audiology or speech-language pathology li-
the authorization granted by a remote state to allow a cense issued by a member state that authorizes practice
licensee from another member state to practice as an au- only within the issuing state and does not include a priv-
diologist or speech-language pathologist in the remote ilege to practice in any other member state.
state under its laws and rules. The practice of audiology
or speech-language pathology occurs in the member 22. Speech-language pathologist. "Speech-
language pathologist" means an individual who is li-
state where the patient, client or student is located at the censed by a state to practice speech-language pathol-
time of the patient, client or student encounter.
ogy.
10. Current significant investigative infor-
mation. "Current significant investigative infor- 23. Speech-language pathology. "Speech-
language pathology" means the care and services pro-
mation" means investigative information that a licens- vided by a licensed speech-language pathologist as set
ing board, after an inquiry or investigation that includes
notification and an opportunity for the audiologist or forth in the member state's statutes and rules.
speech-language pathologist to respond, if required by 24. State. "State" means any state, commonwealth,
state law, has reason to believe is not groundless and, if district or territory of the United States of America that
proved true, would indicate more than a minor infrac- regulates the practice of audiology and speech-language
tion. pathology.
524
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 310
25. State practice laws. "State practice laws" (a) For which the program and institution
means a member state's laws, rules and regulations that have been approved by the authorized ac-
govern the practice of audiology or speech-language pa- crediting body in the applicable country;
thology, define the scope of audiology or speech- (b) For which the degree program has
language pathology practice and create the methods and
grounds for imposing discipline. been verified by an independent creden-
tials review agency to be comparable to a
26. Telehealth. "Telehealth" means the applica- state licensing board-approved program;
tion of telecommunications technology to deliver audi- and
ology or speech-language pathology services at a dis-
tance for assessment, intervention or consultation. (c) For which the audiologist has com-
pleted a supervised clinical practicum ex-
§17503. State participation in the compact perience from an accredited educational
To participate in the compact, a member state shall institution or its cooperating programs as
required by the commission;
meet the requirements of this section.
B. Have successfully passed a national examina-
1. Recognition of compact privilege. A member tion approved by the commission;
state shall recognize a license issued to an audiologist
or speech-language pathologist by a home state to a res- C. Hold an active, unencumbered license;
ident in that state as authorizing an audiologist or D. Have not been convicted or found guilty, and
speech-language pathologist to practice audiology or
speech-language pathology, under a privilege to prac- have not entered into an agreed disposition, of a fel-
ony related to the practice of audiology, under ap-
tice, in each member state. plicable state or federal criminal law; and
2. Home state license. A member state shall re- E. Have a valid social security number or National
quire an applicant to obtain or retain a license in the
home state and meet the home state's qualifications for Practitioner Identification number.
licensure or renewal of licensure, as well as all other 4. Speech-language pathologist requirements. A
applicable state laws. member state must require that to be granted a compact
privilege, a speech-language pathologist must:
3. Audiologist requirements. A member state
must require that to be granted a compact privilege, an A. Meet one of the following educational require-
audiologist must: ments:
A. Meet one of the following educational require- (1) Have graduated with a master's degree
ments: from a speech-language pathology program
that is accredited by an organization recog-
(1) On or before December 31, 2007, have
graduated with a master's degree or doctorate nized by the United States Department of Ed-
ucation and operated by a college or university
in audiology, or equivalent degree, regardless accredited by a regional or national accrediting
of degree name, from a program that is accred-
ited by an accrediting agency recognized by organization recognized by the board; or
the Council for Higher Education Accredita- (2) Have graduated from a speech-language
tion, or its successor, or by the United States pathology program that is housed in an institu-
Department of Education and operated by a tion of higher education outside of the United
college or university accredited by a regional States:
or national accrediting organization recog-
nized by the board; (a) For which the program and institution
have been approved by the authorized ac-
(2) On or after January 1, 2008, have graduated crediting body in the applicable country;
with a doctorate in audiology, or equivalent and
degree, regardless of degree name, from a pro-
gram that is accredited by an accrediting (b) For which the degree program has
been verified by an independent creden-
agency recognized by the Council for Higher tials review agency to be comparable to a
Education Accreditation, or its successor, or
by the United States Department of Education state licensing board-approved program;
and operated by a college or university accred- B. Have completed a supervised clinical practicum
ited by a regional or national accrediting or- experience from an educational institution or its co-
ganization recognized by the board; or operating programs as required by the commission;
(3) Have graduated from an audiology pro- C. Have completed a supervised postgraduate pro-
gram that is housed in an institution of higher fessional experience as required by the commis-
education outside of the United States: sion;
525
PUBLIC LAW, C. 310 FIRST SPECIAL SESSION - 2023
D. Have successfully passed a national examina- which the client is located. The practice of audiology
tion approved by the commission; and speech-language pathology in a member state under
a privilege to practice subjects an audiologist or speech-
E. Hold an active, unencumbered license;
language pathologist to the jurisdiction of the licensing
F. Have not been convicted or found guilty, and board, the courts and the laws of the member state in
have not entered into an agreed disposition, of a fel- which the client is located at the time service is pro-
ony related to the practice of speech-language pa- vided.
thology, under applicable state or federal criminal
law; and 9. Nonresidents. An individual not residing in a
member state is able to apply for a member state's
G. Have a valid social security number or National single-state license as provided under the laws of that
Practitioner Identification number. member state. However, the single-state license
granted to these individuals may not be recognized as
5. Consideration of criminal history records. A granting the compact privilege in any other member
member state must implement or utilize procedures for
considering the criminal history records of applicants state.
for initial privilege to practice. These procedures must 10. No effect on single-state license authority.
include the submission of fingerprints or other Nothing in this compact affects the requirements estab-
biometric-based information by applicants for the pur- lished by a member state for the issuance of a single-
pose of obtaining an applicant's criminal history record state license.
information from the Federal Bureau of Investigation
and the agency responsible for retaining that state's 11. Fee. A member state may charge a fee for
granting a compact privilege.
criminal records.
§17504. Compact privilege
A. A member state must fully implement a criminal
background check requirement, within a time 1. Exercise of compact privilege. To exercise the
frame established by rule, by receiving the results compact privilege under the terms and provisions of the
of the Federal Bureau of Investigation record compact, an audiologist or speech-language pathologist
search on criminal background checks and using must:
the results in making licensure decisions.
A. Hold an active license in the home state;
B. Communication between a member state and the
B. Have no encumbrance on any state license;
commission and among member states regarding
the verification of eligibility for licensure through C. Be eligible for a compact privilege in any mem-
the compact may not include any information re- ber state in accordance with section 17503;
ceived from the Federal Bureau of Investigation re- D. Have not had any adverse action against any li-
lating to a federal criminal records check per-
formed by a member state under the federal Depart- cense or compact privilege within the previous 2
years from date of application;
ments of State, Justice, and Commerce, the Judici-
ary, and Related Agencies Appropriation Act, E. Notify the commission that the licensee is seek-
1973, Title II, Public Law 92-544 (1972). ing the compact privilege within a remote state;
6. Other state information. Upon application for F. Pay any applicable fees, including any state fee,
a privilege to practice, the licensing board in the issuing for the compact privilege; and
remote state shall ascertain, through the data system,
whether the applicant has ever held, or is the holder of, G. Report to the commission adverse action taken
by any nonmember state within 30 days from the
a license issued by any other state, whether there are any date the adverse action is taken.
encumbrances on any license or privilege to practice
held by the applicant and whether any adverse action 2. Validity of compact privilege. The compact
has been taken against any license or privilege to prac- privilege is valid until the expiration date of the home
tice held by the applicant. state license. The licensee must comply with the re-
quirements of subsection 1 to maintain the compact
7. Privilege to practice. The privilege to practice
is derived from the home state license. privilege in the remote state.
8. Compliance with practice laws; client loca- 3. Exercising compact privilege in remote state.
A licensee providing audiology or speech-language pa-
tion. An audiologist or speech-language pathologist thology services in a remote state under the compact
practicing in a member state must comply with the state
practice laws of the state in which the client is located privilege shall function within the laws and regulations
of the remote state.
at the time service is provided. The practice of audiol-
ogy and speech-language pathology must include all au- 4. Regulatory authority of remote state. A li-
diology and speech-language pathology practice as de- censee providing audiology or speech-language pathol-
fined by the state practice laws of the member state in ogy services in a remote state is subject to that state's
526
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 310
regulatory authority. A remote state may, in accordance witnesses as well as the production of evidence. A
with due process and that state's laws, remove a licen- subpoena issued by a licensing board in a member
see's compact privilege in the remote state for a specific state for the attendance and testimony of witnesses
period of time, impose fines or take any other necessary or the production of evidence from another mem-
actions to protect the health and safety of its citizens. ber state may be enforced in the latter state by any
The licensee may be ineligible for a compact privilege court of competent jurisdiction, according to the
in any state until the specific time for removal has practice and procedure of that court applicable to
passed and all fines are paid. subpoenas issued in proceedings pending before it.
The issuing authority shall pay any witness fees,
5. Loss of compact privilege. If a home state li-
cense is encumbered, the licensee loses the compact travel expenses, mileage and other fees required by
the service statutes of the state in which the wit-
privilege in any remote state until the following occur: nesses or evidence are located.
A. The home state license is no longer encum- 3. Application of law in home state. For the pur-
bered; and
poses of taking adverse action, the home state shall give
B. Two years have elapsed from the date on which the same priority and effect to reported conduct re-
the home state license is no longer encumbered in ceived from a member state as it would if the conduct
accordance with paragraph A. had occurred within the home state and shall apply its
own state laws to determine appropriate action.
6. Restoration of compact privilege. Once an en-
cumbered license in the home state is restored to good 4. Investigations. The home state shall complete
standing, the licensee must meet the requirements of any pending investigations of an audiologist or speech-
subsection 1 to obtain a compact privilege in any remote language pathologist who changes the audiologist's or
state. speech-language pathologist's primary state of resi-
dence during the course of the investigations. The home
§17505. Compact privilege to practice telehealth
state where the investigations were initiated also has the
A member state shall recognize the right of an au- authority to take appropriate action and shall promptly
diologist or speech-language pathologist, licensed by a report the conclusions of the investigations to the ad-
home state in accordance with section 17503 and under ministrator of the data system. The data system admin-
rules promulgated by the commission, to practice audi- istrator shall promptly notify the new home state of any
ology or speech-language pathology in any member adverse action.
state through telehealth under a privilege to practice as 5. Recovery of costs of investigations. A member
provided in the compact and rules promulgated by the
commission. state, if otherwise permitted by state law, may recover
from the affected audiologist or speech-language
§17506. Active duty military personnel or spouses pathologist the costs of investigations and disposition of
Active duty military personnel, or the military cases resulting from any adverse action taken against
that audiologist or speech-language pathologist.
member's spouse, shall designate a home state where
the individual has a current license in good standing. 6. Factual findings. A member state may take ad-
The individual may retain the home state designation verse action based on the factual findings of a remote
during the period the service member is on active duty. state, as long as the member state follows its own pro-
Subsequent to designating a home state, the individual cedures for taking the adverse action.
may change the individual's home state only through
7. Joint investigations. The following require-
application for licensure in the new state. ments apply to joint investigations.
§17507. Adverse actions A. In addition to the authority granted to a member
1. Authority of home state. A home state has ex- state by its respective state audiology or speech-
clusive power to impose adverse action against an audi- language pathology laws and regulations or other
ologist's or speech-language pathologist's license issued applicable state law, any member state may partic-
by the home state. ipate with other member states in joint investiga-
tions of licensees.
2. Authority of remote state. In addition to the
other powers conferred by state law, a remote state has B. Member states shall share any investigative, lit-
the authority, in accordance with existing state due pro- igation or compliance materials in furtherance of
cess law, to: any joint or individual investigation initiated under
the compact.
A. Take adverse action against an audiologist's or
speech-language pathologist's compact privilege 8. Deactivation of compact privilege. If an ad-
within that member state; and verse action is taken by the home state against an audi-
B. Issue subpoenas for both hearings and investi- ologist's or speech-language pathologist's license, the
audiologist's or speech-language pathologist's compact
gations that require the attendance and testimony of
527
PUBLIC LAW, C. 310 FIRST SPECIAL SESSION - 2023
privilege in all other member states must be deactivated and must otherwise have an opportunity to partici-
until all encumbrances have been removed from the pate in the business and affairs of the commission.
state license. All home state disciplinary orders that im- A delegate shall vote in person or by such other
pose adverse action against an audiologist's or speech- means as provided in the bylaws. The bylaws may
language pathologist's license must include a statement provide for delegates' participation in meetings by
that the audiologist's or speech-language pathologist's telephone or other means of communication.
compact privilege is deactivated in all member states F. The commission shall meet at least once during
during the pendency of the order.
each calendar year. Additional meetings may be
9. Notice of adverse action. If a member state held as set forth in the bylaws.
takes adverse action, it shall promptly notify the admin-
3. Powers and duties of commission. The com-
istrator of the data system. The administrator of the data mission has the following powers and duties:
system shall promptly notify the home state of any ad-
verse actions by remote states. A. Establish a code of ethics for the commission;
10. Alternative program. This compact does not B. Establish the fiscal year of the commission;
override a member state's decision that participation in C. Establish bylaws;
an alternative program may be used in lieu of adverse
action. D. Maintain the commission's financial records in
§17508. Establishment of Audiology and Speech- accordance with the bylaws;
Language Pathology Compact Commission E. Meet and take such actions as are consistent
with the provisions of this compact and the bylaws;
1. Commission established. The member states
hereby create a joint public agency known as the Audi- F. Promulgate uniform rules to facilitate and coor-
ology and Speech-Language Pathology Compact Com- dinate implementation and administration of this
mission as follows. compact. The rules have the force and effect of law
and are binding in all member states;
A. The commission is an instrumentality of the
compact states. G. Bring and prosecute legal proceedings or ac-
tions in the name of the commission, except that the
B. Venue is proper, and judicial proceedings by or
against the commission must be brought solely and standing of any state audiology or speech-language
pathology licensing board to sue or be sued under
exclusively in a court of competent jurisdiction applicable law is not affected;
where the principal office of the commission is lo-
cated. The commission may waive venue and ju- H. Purchase and maintain insurance and bonds;
risdictional defenses to the extent it adopts or con- I. Borrow, accept or contract for services of per-
sents to participate in alternative dispute resolution
proceedings. sonnel, including, but not limited to, employees of
a member state;
C. This compact may not be construed to be a
J. Hire employees, elect or appoint officers, fix
waiver of sovereign immunity. compensation, define duties, grant such individuals
2. Membership, voting and meetings. This sub- appropriate authority to carry out the purposes of
section governs the membership, voting and meetings the compact and establish the commission's per-
of the commission. sonnel policies and programs relating to conflicts
A. Each member state has 2 delegates selected by of interest, qualifications of personnel and other re-
lated personnel matters;
that member state's licensing board.
K. Accept any and all appropriate donations and
B. A delegate under paragraph A must be a current grants of money, equipment, supplies, materials
member of the member state's licensing board, and
one delegate must be an audiologist and one dele- and services and receive, use and dispose of the
same, as long as at all times the commission avoids
gate must be a speech-language pathologist. any appearance of impropriety or conflict of inter-
C. A member state's delegate may be removed or est;
suspended from office as provided by the law of the
state from which the delegate is appointed. L. Lease, purchase, accept appropriate gifts or do-
nations of or otherwise own, hold, improve or use
D. A member state's licensing board shall fill any any property, real, personal or mixed, as long as at
vacancy occurring in the commission within 90 all times the commission avoids any appearance of
days. impropriety;
E. Each delegate is entitled to one vote with regard M. Sell, convey, mortgage, pledge, lease, ex-
to the promulgation of rules and creation of bylaws change, abandon or otherwise dispose of any prop-
erty, real, personal or mixed;
528
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 310
N. Establish a budget and make expenditures; (4) Maintain financial records on behalf of the
commission;
O. Borrow money;
(5) Monitor compact compliance of member
P. Appoint committees, including standing com- states and provide compliance reports to the
mittees, composed of members and other interested
persons as may be designated in this compact and commission;
the bylaws; (6) Establish additional committees as neces-
sary; and
Q. Provide and receive information from, and co-
operate with, law enforcement agencies; (7) Perform other duties as provided in the
rules or bylaws.
R. Establish and elect an executive committee; and
5. Public and nonpublic meetings. This subsec-
S. Perform such other functions as may be neces-
sary or appropriate to achieve the purposes of this tion governs the requirements for public and nonpublic
meetings of the commission.
compact consistent with the state regulation of au-
diology and speech-language pathology licensure A. All meetings must be open to the public, and
and practice. public notice of meetings must be given in the same
4. Executive committee. The executive commit- manner as required under the rule-making provi-
sions in section 17510.
tee has the power to act on behalf of the commission
according to the terms of this compact in accordance B. The commission or the executive committee or
with this subsection. other committees of the commission may convene
A. The executive committee is composed of the in a closed, nonpublic meeting if the commission
or executive committee or other committees of the
following 10 members: commission must discuss:
(1) Seven voting members who are elected by (1) Noncompliance of a member state with its
the commission from the current membership
of the commission; obligations under the compact;
(2) One ex officio, nonvoting member from a (2) The employment, compensation, disci-
pline or other matters, practices or procedures
recognized national audiology professional as- related to specific employees or other matters
sociation;
related to the commission's internal personnel
(3) One ex officio, nonvoting member from a practices and procedures;
recognized national speech-language pathol-
(3) Current, threatened or reasonably antici-
ogy professional association; and pated litigation;
(4) One ex officio, nonvoting member from (4) Negotiation of contracts for the purchase,
the recognized membership organization of
the audiology and speech-language pathology lease or sale of goods, services or real estate;
licensing boards. (5) Accusing any person of a crime or for-
mally censuring any person;
B. The ex officio members under paragraph A
must be selected by their respective organizations. (6) Disclosure of trade secrets or commercial
or financial information that is privileged or
C. The commission may remove any member of
the executive committee as provided in the bylaws. confidential;
D. The executive committee shall meet at least an- (7) Disclosure of information of a personal na-
ture if disclosure would constitute a clearly un-
nually. warranted invasion of personal privacy;
E. The executive committee shall: (8) Disclosure of investigative records com-
(1) Recommend to the entire commission piled for law enforcement purposes;
changes to the rules or bylaws, changes to this
compact, fees paid by member states such as (9) Disclosure of information related to any
investigative reports prepared by or on behalf
annual dues and any commission compact fee of or for use of the commission or other com-
charged to licensees for the compact privilege;
mittee charged with responsibility of investi-
(2) Ensure compact administration services gation or determination of compliance issues
are appropriately provided, contractually or pursuant to the compact; or
otherwise; (10) Matters specifically exempted from dis-
(3) Prepare and recommend the budget; closure by federal or member state statute.
529
PUBLIC LAW, C. 310 FIRST SPECIAL SESSION - 2023
C. If a meeting, or portion of a meeting, is closed A. The members, officers, executive director, em-
pursuant to this subsection, the commission's legal ployees and representatives of the commission are
counsel or legal counsel's designee shall certify that immune from suit and liability, either personally or
the meeting may be closed and shall reference each in their official capacity, for any claim for damage
relevant exempting provision. to or loss of property or personal injury or other
civil liability caused by or arising out of any actual
D. The commission shall keep minutes that fully
and clearly describe all matters discussed in a meet- or alleged act, error or omission that occurred, or
that the person against whom the claim is made had
ing and shall provide a full and accurate summary a reasonable basis for believing occurred, within
of actions taken, and the reasons for those actions,
including a description of the views expressed. All the scope of commission employment, duties or re-
sponsibilities, except that nothing in this paragraph
documents considered in connection with an action may be construed to protect any such person from
must be identified in the minutes. All minutes and
documents of a closed meeting must remain under suit or liability for any damage, loss, injury or lia-
bility caused by the intentional or willful or wanton
seal, subject to release by a majority vote of the misconduct of that person.
commission or order of a court of competent juris-
diction. B. The commission shall defend any member, of-
6. Financing of commission. This subsection ficer, executive director, employee or representa-
tive of the commission in any civil action seeking
governs the financial operations of the commission. to impose liability arising out of any actual or al-
A. The commission shall pay, or provide for the leged act, error or omission that occurred within the
payment of, the reasonable expenses of its estab- scope of commission employment, duties or re-
lishment, organization and ongoing activities. sponsibilities, or that the person against whom the
B. The commission may accept any and all appro- claim is made had a reasonable basis for believing
occurred within the scope of commission employ-
priate revenue sources, donations and grants of ment, duties or responsibilities, as long as the ac-
money, equipment, supplies, materials and ser-
vices. tual or alleged act, error or omission did not result
from that person's intentional or willful or wanton
C. The commission may levy on and collect from misconduct and except that nothing in this para-
each member state an annual assessment or impose graph may be construed to prohibit that person
fees on other parties to cover the cost of the opera- from retaining that person's own counsel.
tions and activities of the commission and its staff,
C. The commission shall indemnify and hold
which must be in a total amount sufficient to cover harmless any member, officer, executive director,
its annual budget as approved by the commission
each year for which revenue is not provided by employee or representative of the commission for
the amount of any settlement or judgment obtained
other sources. The aggregate annual assessment against that person arising out of any actual or al-
amount must be allocated based upon a formula to
be determined by the commission, which shall leged act, error or omission that occurred within the
scope of commission employment, duties or re-
promulgate a rule binding upon all member states. sponsibilities, or that the person had a reasonable
D. The commission may not incur obligations of basis for believing occurred within the scope of
any kind prior to securing the funds adequate to commission employment, duties or responsibili-
meet the obligations, and the commission may not ties, as long as the actual or alleged act, error or
pledge the credit of any of the member states, ex- omission did not result from the intentional or will-
cept by and with the authority of the member state. ful or wanton misconduct of that person.
E. The commission shall keep accurate accounts of §17509. Data system
all receipts and disbursements. The receipts and
This section governs the requirements for the data
disbursements of the commission are subject to the system used by the commission.
audit and accounting procedures established under
its bylaws. However, all receipts and disburse- 1. Data system. The commission shall provide for
ments of funds handled by the commission must be the development, maintenance and utilization of a coor-
audited yearly by a certified or licensed public ac- dinated database and reporting system containing licen-
countant, and the report of the audit must be in- sure, adverse action and investigative information on all
cluded in and become part of the annual report of licensed individuals in member states.
the commission.
2. Uniform data set. Notwithstanding any other
7. Qualified immunity, defense and indemnifi- provision of state law to the contrary, a member state
cation. This subsection governs immunity provisions shall submit a uniform data set to the data system on all
and defense and indemnification requirements of the individuals to whom this compact is applicable using a
commission.
530
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 310
unique identifier as required by the rules of the commis- considered and voted upon, the commission shall file a
sion, including: notice of proposed rulemaking:
A. Identifying information; A. On the publicly accessible website of the com-
mission or other publicly accessible platform; and
B. Licensure data;
B. On the publicly accessible website of each
C. Adverse actions against a license or compact
privilege; member state audiology or speech-language pa-
thology licensing board or other publicly accessible
D. Nonconfidential information related to alterna- platform or the publication in which each state
tive program participation; would otherwise publish proposed rules.
E. Any denial of application for licensure and the 5. Notice requirements. The notice of proposed
reason for the denial; and rulemaking under subsection 4 must include:
F. Other information that may facilitate the admin- A. The proposed time, date and location of the
istration of this compact, as determined by the rules meeting at which the rule will be considered and
of the commission. voted upon;
3. Availability of investigative information. B. The text of the proposed rule and the reason for
Current significant investigative information pertaining the proposed rule;
to a licensee in any member state may be available only
C. A request for comments on the proposed rule
to other member states. from any interested person; and
4. Notification of adverse action. The commis- D. The manner in which interested persons may
sion shall promptly notify all member states of any ad-
verse action taken against a licensee or an individual ap- submit notice to the commission of their intention
to attend the public hearing and any written com-
plying for a license. Adverse action information per- ments.
taining to a licensee in any member state must be avail-
able to any other member state. 6. Comments. Prior to adoption of a proposed
5. Designation of nonpublic information. A rule, the commission shall allow persons to submit writ-
ten data, facts, opinions and arguments, which must be
member state contributing information to the data sys- made available to the public.
tem may designate information that may not be shared
with the public without the express permission of the 7. Opportunity for public hearing. The commis-
contributing member state. sion shall grant an opportunity for a public hearing be-
fore it adopts a rule or amendment if a hearing is re-
6. Expungement of information. Any infor- quested by:
mation submitted to the data system that is subsequently
required to be expunged by the laws of the member state A. At least 25 persons;
contributing the information must be removed from the B. A state or federal governmental subdivision or
data system.
agency; or
§17510. Rulemaking
C. An association or organization having at least
1. Rule-making authority. The commission shall 25 members.
exercise its rule-making powers pursuant to the criteria
8. Notice of hearing. If a hearing is held on the
set forth in this section and the rules adopted pursuant proposed rule or amendment, the commission shall pub-
to this section. Rules and amendments become binding
as of the date specified in each rule or amendment. lish the place, time and date of the scheduled public
hearing. If the hearing is held via electronic means, the
2. Rejection of rules. If a majority of the legisla- commission shall publish the mechanism for access to
tures of the member states rejects a rule, by enactment the electronic hearing.
of a statute or resolution in the same manner used to
adopt the compact within 4 years of the date of adoption A. A person wishing to be heard at the hearing
shall notify the executive director of the commis-
of the rule, the rule has no further force and effect in any sion or other designated member in writing of the
member state.
person's desire to appear and testify at the hearing
3. Adoption at meeting. Rules or amendments to not less than 5 business days before the scheduled
the rules must be adopted at a regular or special meeting date of the hearing.
of the commission. B. A hearing must be conducted in a manner that
4. Notice. Prior to promulgation and adoption of provides each person who wishes to comment a fair
a final rule or rules by the commission, and at least 30 and reasonable opportunity to comment orally or in
days in advance of the meeting at which the rule will be writing.
531
PUBLIC LAW, C. 310 FIRST SPECIAL SESSION - 2023
C. All hearings must be recorded. A copy of the §17511. Oversight, dispute resolution and enforce-
recording must be made available on request. ment
D. Nothing in this subsection may be construed as 1. Dispute resolution. This subsection governs
requiring a separate hearing on each rule. Rules dispute resolution under the compact.
may be grouped for the convenience of the com- A. Upon request by a member state, the commis-
mission at hearings required by this section.
sion shall attempt to resolve disputes related to the
9. Consideration of comments. Following the compact that arise among member states and be-
scheduled hearing date, or by the close of business on tween member and nonmember states.
the scheduled hearing date if the hearing was not held, B. The commission shall promulgate a rule provid-
the commission shall consider all written and oral com-
ments received. ing for both mediation and binding dispute resolu-
tion for disputes as appropriate.
10. No public hearing. If no written notice of in-
2. Enforcement. This subsection governs en-
tent to attend the public hearing by interested persons is forcement under the compact.
received, the commission may proceed with promulga-
tion of the proposed rule without a public hearing. A. The commission, in the reasonable exercise of
11. Final action. The commission shall, by ma- its discretion, shall enforce the provisions and rules
of the compact.
jority vote of all members, take final action on the pro-
posed rule and shall determine the effective date of the B. By majority vote, the commission may initiate
rule, if any, based on the rule-making record and the full legal action in the United States District Court for
text of the rule. the District of Columbia or the federal district
where the commission has its principal offices
12. Emergency rules. Upon determination that an against a member state in default to enforce com-
emergency exists, the commission may consider and
adopt an emergency rule without prior notice, oppor- pliance with the provisions of the compact and its
promulgated rules and bylaws. The relief sought
tunity for comment or hearing, as long as the usual rule- may include both injunctive relief and damages. If
making procedures provided in the compact and in this
section are retroactively applied to the rule as soon as judicial enforcement is necessary, the prevailing
member must be awarded all costs of such litiga-
reasonably possible, in no event later than 90 days after tion, including reasonable attorney's fees.
the effective date of the rule. For the purposes of this
subsection, an emergency rule is a rule that must be C. The remedies in this chapter are not the exclu-
adopted immediately in order to: sive remedies of the commission. The commission
may pursue any other remedies available under
A. Meet an imminent threat to public health, safety federal or state law.
or welfare;
§17512. Date of implementation of Audiology and
B. Prevent a loss of commission or member state
funds; or Speech-Language Pathology Interstate
Compact and associated rules, withdrawal
C. Meet a deadline for the promulgation of an ad- and amendment
ministrative rule that is established by federal law 1. Effective date. This compact becomes effective
or regulation.
on the date on which the compact statute is enacted into
13. Revisions. The commission or an authorized law in the 10th member state. The provisions, which
committee of the commission may direct revisions to a become effective at that time, are limited to the powers
previously adopted rule or amendment for purposes of granted to the commission relating to assembly and the
correcting typographical errors, errors in format, errors promulgation of rules. Thereafter, the commission shall
in consistency or grammatical errors. Public notice of meet and exercise rule-making powers necessary to the
any revisions must be posted on the publicly accessible implementation and administration of the compact.
website of the commission. The revision is subject to
challenge by any person for a period of 30 days after 2. Effect of rules adopted by compact on mem-
ber states. A state that joins the compact subsequent to
posting. The revision may be challenged only on the commission's initial adoption of the rules is subject
grounds that the revision results in a material change to
a rule. A challenge must be made in writing and deliv- to the rules as they exist on the date on which the com-
pact becomes law in that state. Any rule that has been
ered to the chair of the commission prior to the end of previously adopted by the commission has the full force
the notice period. If no challenge is made, the revision
takes effect without further action. If the revision is and effect of law on the date the compact becomes law
in that state.
challenged, the revision may not take effect without the
approval of the commission. 3. Withdrawal. A member state may withdraw
from this compact by enacting a statute repealing the
compact.
532
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 311
A. A member state's withdrawal does not take ef- Administrative Services - Professional and
fect until 6 months after enactment of the repealing Financial Regulation 0094
statute.
Initiative: Provides ongoing funds for the technology
B. Withdrawal does not affect the continuing re- and other administrative costs associated with adding
quirement of the state's audiology or speech- one Comprehensive Health Planner II position to sup-
language pathology licensing board to comply with port the anticipated increase in workload associated
the investigative and adverse action reporting re- with joining the Audiology and Speech-Language Pa-
quirements of this compact prior to the effective thology Interstate Compact.
date of withdrawal. OTHER SPECIAL 2023-24 2024-25
4. Construction. Nothing in this compact may be REVENUE FUNDS
construed to invalidate or prevent any audiology or All Other $3,285 $4,325
speech-language pathology licensure agreement or __________ __________
other cooperative arrangement between a member state OTHER SPECIAL REVENUE $3,285 $4,325
FUNDS TOTAL
and a nonmember state that does not conflict with the
provisions of this compact. Office of Professional and Occupational Regulation
5. Amendments. This compact may be amended 0352
by the member states. An amendment to this compact Initiative: Provides ongoing funds for one Comprehen-
does not become effective and binding upon any mem- sive Health Planner II position and related All Other
ber state until it is enacted into the statutes of all mem- costs to support the anticipated increase in workload as-
ber states. sociated with joining the Audiology and Speech-
§17513. Construction and severability Language Pathology Interstate Compact.
OTHER SPECIAL 2023-24 2024-25
This compact must be liberally construed so as to REVENUE FUNDS
effectuate its purposes. The provisions of this compact POSITIONS - 1.000 1.000
are severable and if any phrase, clause, sentence or pro- LEGISLATIVE COUNT
vision of this compact is declared to be contrary to the Personal Services $73,946 $104,273
constitution of any member state or of the United States All Other $12,267 $8,834
or the applicability of this compact to any government, __________ __________
agency, person or circumstance is held invalid, the va- OTHER SPECIAL REVENUE $86,213 $113,107
lidity of the remainder of this compact and the applica- FUNDS TOTAL
bility of this compact to any government, agency, per-
son or circumstance are not affected. If this compact is PROFESSIONAL AND
held to be contrary to the constitution of any member FINANCIAL REGULATION,
DEPARTMENT OF
state, the compact remains in full force and effect as to
DEPARTMENT TOTALS 2023-24 2024-25
the remaining member states and in full force and effect
as to the member state affected as to all severable mat- OTHER SPECIAL $89,498 $117,432
ters. REVENUE FUNDS
§17514. Binding effect of compact and other laws __________ __________
DEPARTMENT TOTAL - $89,498 $117,432
Nothing in this compact prevents the enforcement ALL FUNDS
of any other law of a member state that is not incon-
sistent with the compact. Any laws in a member state See title page for effective date.
in conflict with the compact are superseded to the extent
of the conflict. Any lawful actions of the commission, CHAPTER 311
including all rules and bylaws promulgated by the com-
mission, are binding upon the member states. All agree- S.P. 342 - L.D. 783
ments between the commission and the member states
are binding in accordance with their terms. If any pro- An Act to Protect Certain
vision of the compact exceeds the constitutional limits Private Emergency Services
imposed on the legislature of any member state, the pro- Personnel from Liability Under
vision is ineffective to the extent of the conflict with the the Maine Tort Claims Act
constitutional provision in question in that member
state. Be it enacted by the People of the State of Maine
as follows:
Sec. 2. Appropriations and allocations. The
following appropriations and allocations are made. Sec. 1. 14 MRSA §8102, sub-§1, as amended
by PL 2003, c. 489, §1, is repealed and the following
PROFESSIONAL AND FINANCIAL enacted in its place:
REGULATION, DEPARTMENT OF
533
PUBLIC LAW, C. 312 FIRST SPECIAL SESSION - 2023
1. Employee. "Employee" means a person acting airport authority established pursuant to Title 6, chapter
on behalf of a governmental entity in any official capac- 10, any volunteer fire association as defined in Title
ity, whether temporarily or permanently, and whether 30‑A, section 3151, a transit district as defined in Title
with or without compensation from local, state or fed- 30‑A, section 3501, subsection 1, a regional transporta-
eral funds, including: tion corporation as defined in Title 30‑A, section 3501,
subsection 2, a transit district or regional transportation
A. Elected or appointed officials;
corporation formed under the laws of another state that
B. Volunteer firefighters as defined in Title 30‑A, would qualify as a transit district or regional transporta-
section 3151, subsection 4; tion corporation under Title 30‑A, chapter 163 if formed
C. Emergency medical services personnel; under the laws of this State and, any emergency medical
service and a mutual aid emergency response employer.
D. Members of the Maine National Guard but only
See title page for effective date.
while performing state active service pursuant to
Title 37‑B;
E. Sheriff's deputies as described in Title 30‑A, CHAPTER 312
section 381 when they are serving orders pursuant H.P. 508 - L.D. 819
to section 3135;
F. Persons while performing a search and rescue An Act to Reduce the Penalty
activity when requested by a state, county or local for Operating a Motor Vehicle
governmental entity; and Under a Suspended License in
G. Mutual aid emergency response personnel. Certain Situations
"Employee" does not mean a person or other legal entity Be it enacted by the People of the State of Maine
acting in the capacity of an independent contractor un- as follows:
der contract to the governmental entity. Sec. 1. 29-A MRSA §2412-A, sub-§8, as
Sec. 2. 14 MRSA §8102, sub-§1-B is enacted amended by PL 2009, c. 493, §3, is further amended to
to read: read:
1-B. Mutual aid emergency response employer. 8. Traffic infraction. A person commits a traffic
"Mutual aid emergency response employer" means the infraction operating while license suspended as de-
Bath Iron Works Corporation or its successor solely scribed in subsection 1‑A, paragraph A if the person has
with respect to mutual aid emergency response person- not been convicted or adjudicated of a prior offense un-
nel acting pursuant to a mutual aid agreement with a der this section and the sole basis for the suspension is:
state or municipal entity or in response to a request for A. Failure to pay a fine;
aid from a state or municipal entity.
B. Failure to pay a license reinstatement fee; or
Sec. 3. 14 MRSA §8102, sub-§1-C is enacted
to read: C. Suspension for a dishonored check.;
1-C. Mutual aid emergency response personnel. D. Failure to provide proof of insurance to the Sec-
"Mutual aid emergency response personnel" means the retary of State;
professionally trained firefighting, emergency medical E. Failure to pay child support;
service or rescue personnel employed by the Bath Iron
Works Corporation or its successor when acting pursu- F. Failure to appear in court; or
ant to a mutual aid agreement with a state or municipal G. Failure to submit to an examination or to pro-
entity or in response to a request for aid from a state or vide information as requested by the Secretary of
municipal entity. State in accordance with section 1258, subsection
Sec. 4. 14 MRSA §8102, sub-§3, as amended 5.
by PL 2011, c. 520, §1, is further amended to read: See title page for effective date.
3. Political subdivision. "Political subdivision"
means any city, town, plantation, county, administrative
entity or instrumentality created pursuant to Title 30‑A,
chapters 115 and 119, incorporated fire-fighting unit
that is organized under Title 13‑B and is officially rec-
ognized by any authority created by statute, quasi-
municipal corporation and special purpose district, in-
cluding, but not limited to, any water district, sanitary
district, hospital district, school district of any type, an
534
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 315
535
PUBLIC LAW, C. 316 FIRST SPECIAL SESSION - 2023
vidual or group related to interpersonal and in- 17‑A, section 853, an assessment of $500 on any person
trapersonal stress, family background, family interac- for the first conviction and $1,000 for each subsequent
tion, living arrangements and socioeconomic problems conviction of engaging a prostitute person for prostitu-
and treatment, evaluation, plans and goals, including tion as described in Title 17‑A, section 853‑B and an
the diagnosis of mental illness and emotional disorders assessment of $500 on any person for the first convic-
for the purpose of treatment and therapeutic interven- tion and $1,000 for each subsequent conviction of pat-
tion, but excluding the diagnosis of organic mental ill- ronizing prostitution commercial sexual exploitation of
ness or treatment of any illness by organic therapy, to a minor or patronizing prostitution commercial sexual
the extent permitted by the licensure provision of this exploitation of a mentally disabled person with a mental
chapter. In the process of making a diagnosis and for- disability as described in Title 17‑A, section 855. Not-
mulating a treatment plan for mental illness or emo- withstanding any other law, the court may not waive the
tional disorder, the social worker shall assure, con- imposition of the assessment required by this section.
sistent comply with rules to be promulgated adopted by For purposes of collection and collection procedures,
the board, that the person is examined by a physician this assessment is considered part of the fine. At the
and may take into account the physician's opinion in time of commitment, the court shall inform the Depart-
forming the psychosocial evaluation. When a person ment of Corrections or the county sheriff of any unpaid
has been seen by a physician within 3 months prior to balances on assessments owed by the offender to the
seeking mental health treatment, a telephone conversa- Victims' Compensation Fund. All funds collected as a
tion between that physician and the social worker may result of these assessments accrue to the Victims' Com-
be held in lieu of the examination required by this sub- pensation Fund.
section. The medical visit or the telephone conversation
shall be documented in the clinical records of the per-
Sec. 2. 17-A MRSA §151, sub-§10 is enacted
to read:
son. This requirement shall apply only in cases where
there is a presence of psychopathology. The board shall 10. It is a defense to prosecution under this section
define standards by rule, in accordance with the Maine that the objective of the conspiracy is a violation of sec-
Administrative Procedure Act, Title 5, chapter 375, for tion 853-B and the actor's participation was engaging or
implementation of this subsection. agreeing to personally engage in a sexual act or sexual
Sec. 2. 32 MRSA §7031, as enacted by PL contact for pecuniary benefit.
1993, c. 584, §1, is repealed. Sec. 3. 17-A MRSA §259-B, as enacted by PL
2017, c. 135, §1, is amended to read:
Sec. 3. 32 MRSA §7053-A, first ¶, as enacted
by PL 1985, c. 736, §12, is repealed and the following §259-B. Solicitation of a child to engage in prostitu-
enacted in its place: tion for commercial sexual exploitation
A person licensed under this chapter may act in ac- 1. A person is guilty of soliciting a child to engage
cordance with the following requirements. in prostitution for commercial sexual exploitation if the
actor knowingly solicits directly or indirectly by any
See title page for effective date. means a person the actor knows or believes is under 18
years of age to engage in an act of prostitution, as de-
CHAPTER 316 fined in section 851.
H.P. 931 - L.D. 1435 2. Violation of this section is a Class D C crime.
Sec. 4. 17-A MRSA §851, sub-§1, as amended
An Act to Reduce Commercial by PL 1995, c. 638, §1, is further amended to read:
Sexual Exploitation
1. "Prostitution" means engaging in, or agreeing
Be it enacted by the People of the State of Maine to engage in, or offering to engage in a sexual act or
as follows: sexual contact, as those terms are defined in section
Sec. 1. 5 MRSA §3360-I, first ¶, as amended 251, in return for a pecuniary benefit to be received by
by PL 2013, c. 607, §1, is further amended to read: the person engaging in prostitution being prostituted or
a 3rd person;
As part of the sentence or fine imposed, the court
shall impose an assessment of $35 on any person con- Sec. 5. 17-A MRSA §851, sub-§1-A, as
victed of murder, a Class A crime, a Class B crime or a amended by PL 1995, c. 638, §2, is further amended to
Class C crime and $20 on any person convicted of a read:
Class D crime or a Class E crime, except that the court 1-A. "Engages a prostitute person for prostitution"
shall impose an assessment of $1,000 on any person means providing, offering to provide or agreeing to pro-
convicted of aggravated sex trafficking as described in vide, either to the person whose prostitution who is
Title 17‑A, section 852, an assessment of $500 on any
person convicted of sex trafficking as described in Title
536
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 316
sought for an act of prostitution or to a 3rd person, pe- A. The person, in return for another's an act of
cuniary benefit in return for a sexual act or sexual con- prostitution, gives, offers to give or agrees to give
tact as those terms are defined in section 251; a pecuniary benefit either to the person whose pros-
Sec. 6. 17-A MRSA §853, sub-§1, ¶B, as titution is sought being prostituted or to a 3rd per-
son and the person whose prostitution is sought be-
amended by PL 2015, c. 360, §1, is further amended to ing prostituted has not in fact attained 18 years of
read:
age or the person knows or believes that the person
B. The person violates paragraph A and has 2 or whose prostitution is sought being prostituted has
more prior convictions in this State for any combi- not attained 18 years of age. Violation of this par-
nation of the Maine offenses listed in this para- agraph is a Class C crime; or
graph or for engaging in substantially similar con-
duct to that of the Maine offenses listed in this par- 3. A person is guilty of patronizing prostitution
commercial sexual exploitation of a mentally disabled
agraph in another jurisdiction. The Maine offenses person with a mental disability if:
are any violation of this section or section 852,
853‑A, 853‑B or 855 or attempts to commit any of A. The person, in return for another's an act of
these crimes. Section 9‑A governs the use of prior prostitution, gives, offers to give or agrees to give
convictions when determining a sentence. Viola- a pecuniary benefit either to the person whose pros-
tion of this paragraph is a Class C crime. titution is sought being prostituted or to a 3rd per-
Sec. 7. 17-A MRSA §853, sub-§4 is enacted son and the person whose prostitution is sought be-
ing prostituted suffers from a mental disability that
to read: is reasonably apparent or known to the actor and
4. It is a defense to prosecution under this section that in fact renders the other person with a mental
that the act alleged to constitute sex trafficking con- disability substantially incapable of appraising the
sisted of the person publicly soliciting a patron to en- nature of the conduct or conduct involved. Viola-
gage in prostitution only with the person. tion of this paragraph is a Class C crime.
Sec. 8. 17-A MRSA §853-A, as amended by PL Sec. 11. 17-A MRSA §1111-B, sub-§1, ¶A,
2021, c. 315, §§1 and 2, is repealed. as enacted by PL 2021, c. 724, §1, is amended by
amending subparagraph (16) to read:
Sec. 9. 17-A MRSA §853-B, as amended by PL
2013, c. 407, §4, is further amended to read: (16) Patronizing prostitution Commercial sex-
§853-B. Engaging a prostitute person for prostitu- ual exploitation of a minor or person with a
mental disability as described in section 855;
tion
1. A person is guilty of engaging a prostitute per-
Sec. 12. 17-A MRSA §1604, sub-§5, ¶B, as
enacted by PL 2019, c. 113, Pt. A, §2, is amended to
son for prostitution if:
read:
A. The person engages a prostitute person for pros-
titution within the meaning of section 851, subsec- B. If the State pleads and proves that, at the time
any crime, excluding murder, under chapter 9, 11,
tion 1‑A. Violation of this paragraph is a Class E 12, 13, 27 or 35, excluding section 853‑A; section
crime; or
402‑A, subsection 1, paragraph A; or section
B. The person violates paragraph A and, at the time 752‑A or 752‑C was committed, or an attempt of
of the offense, the person has one or more prior any such crime was committed, the individual had
convictions under this section or for engaging in 2 or more prior convictions under chapter 9, 11, 12,
substantially similar conduct to that contained in 13, 27 or 35, excluding section 853‑A; section
this section in another jurisdiction. Section 9‑A 402‑A, subsection 1, paragraph A; or section
governs the use of prior convictions when deter- 752‑A or 752‑C, or for an attempt of any such
mining a sentence, except that, for the purposes of crime, or for engaging in substantially similar con-
this paragraph, the date of the prior conviction may duct in another jurisdiction, the sentencing class for
not precede the commission of the offense by more the crime is one class higher than it would other-
than 2 years. Violation of this paragraph is a Class wise be.
D crime.
(1) In the case of a Class A crime, the sentenc-
Sec. 10. 17-A MRSA §855, as amended by PL ing class is not elevated, but the prior record
2021, c. 447, §§2 and 3, is further amended to read: must be assigned special weight by the court
when imposing a sentence.
§855. Patronizing prostitution Commercial sexual
exploitation of minor or person with mental (2) Section 9‑A governs the use of prior con-
disability victions when determining a sentence, except
1. A person is guilty of patronizing prostitution
commercial sexual exploitation of a minor if:
537
PUBLIC LAW, C. 317 FIRST SPECIAL SESSION - 2023
that, for the purposes of this paragraph, for vi- 6. Practice of physical therapy. "Practice of
olations under chapter 11, the dates of prior physical therapy" means the rendering of or offering to
convictions may have occurred at any time. render any service involving physical therapy for a fee,
This paragraph does not apply to section 210‑A if salary or other compensation, monetary or otherwise,
paid directly or indirectly to detect, assess, prevent, cor-
the prior convictions have already served to elevate rect, alleviate or limit physical disability, bodily mal-
the sentencing class under section 210‑A, subsec-
tion 1, paragraph C or E or any other offense in function and pain from injury, disease or any other bod-
ily condition.
which prior convictions have already served to el-
evate the sentencing class. Sec. 5. 32 MRSA §3111, sub-§7, as amended
by PL 1983, c. 468, §9, is further amended to read:
Sec. 13. 17-A MRSA §1902, sub-§6, as cor-
rected by RR 2019, c. 2, Pt. A, §21, is repealed. 7. Referral. "Referral" means the request of a an
Sec. 14. 18-C MRSA §9-401, sub-§4, ¶F, as advanced practice registered nurse, certified nurse mid-
wife, physician assistant, naturopathic doctor or doctor
amended by PL 2019, c. 417, Pt. A, §106, is further of medicine, surgery, osteopathy, podiatry or dentistry
amended to read:
or any other health care provider acting within the scope
F. Has in that child's family background factors of that health care provider's license to a physical ther-
such as severe mental illness, substance use disor- apist to accept one of his that health care provider's pa-
der, prostitution, commercial sexual exploitation, tients for treatment.
genetic or medical conditions or illnesses that place
the child at risk for future problems. Sec. 6. 32 MRSA §3113-A, as amended by PL
1991, c. 885, Pt. E, §41 and affected by §47, is further
See title page for effective date. amended to read:
§3113-A. License required; limitations and excep-
CHAPTER 317 tions
S.P. 571 - L.D. 1453 A person may not practice or profess to be author-
ized to practice physical therapy or physiotherapy as a
An Act to Amend the Physical physical therapist in this State or use the words "physi-
Therapist Practice Laws cal therapist" or "physiotherapist" or the letters "P.T."
or other words or letters to indicate that the person using
Be it enacted by the People of the State of Maine those words or letters is a licensed physical therapist un-
as follows: less that person is licensed in accordance with the pro-
Sec. 1. 32 MRSA §3111, sub-§3, as enacted by visions of this chapter.
PL 1979, c. 555, §2, is amended to read: After one year from the effective date of this chap-
3. Physical therapist. "Physical therapist" means ter, a A person may not act or profess to be able to act
a person who practices is licensed pursuant to this chap- as a physical therapist assistant or physiotherapist assis-
ter to practice physical therapy. tant in this State or use the words "physical therapist as-
sistant" or the letters "P.T.A." or other words or letters
Sec. 2. 32 MRSA §3111, sub-§4, as enacted by to indicate that the person using those words or letters
PL 1979, c. 555, §2, is amended to read: is a licensed physical therapist assistant unless that per-
4. Physical therapist assistant. "Physical thera- son is licensed in accordance with the provisions of this
pist assistant" means a person who is licensed pursuant chapter.
to this chapter and who assists a physical therapist in Nothing in this chapter may be construed as author-
specific components of treatment, prevention and edu- izing a physical therapist or physical therapist assistant,
cational interventions within the practice of physical licensed or not licensed, to practice medicine, osteopa-
therapy. thy, dentistry, chiropractic or any other form of healing,
Sec. 3. 32 MRSA §3111, sub-§5, as amended except that physical therapists may utilize manipulative
by PL 2007, c. 402, Pt. N, §1, is further amended to techniques if practiced within the scope of their profes-
read: sion. Physical therapists may not apply manipulative
thrust to the vertebrae of the spine except upon consul-
5. Physical therapy or physiotherapy. "Physical tation with, and referral by, a duly licensed doctor of
therapy" is or "physiotherapy" means the practice pro- medicine, surgery, chiropractic or osteopathy. A li-
vision of services in the scope of which practice that is censed physical therapist or physical therapist assistant
set forth in section 3111‑A. may not administer drugs except upon the referral of a
Sec. 4. 32 MRSA §3111, sub-§6, as enacted by duly licensed doctor of medicine, surgery, osteopathy,
PL 1979, c. 555, §2, is amended to read: podiatry or dentistry, and or other licensed health care
provider who has authority to prescribe drugs. A li-
censed physical therapist may not use roentgen rays or
538
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 317
radium or use electricity for surgical purposes. A li- C. Services provided pursuant to an individualized
censed physical therapist assistant may act only under education plan or individual family service plan
the direction of a physical therapist licensed to practice under federal law.
in this State. An In accordance with this section and except as
When treating a patient without referral from a an provided in subsection 4, an employer is not liable un-
advanced practice registered nurse, certified nurse mid- der Title 39‑A, section 206 for charges for services of a
wife, physician assistant, naturopathic doctor or doctor physical therapist or physical therapist assistant unless
of medicine, osteopathy, podiatry, dentistry or chiro- the employee has been referred to that practitioner by
practic, the physical therapist or physical therapist as- an advanced practice registered nurse, certified nurse
sistant is subject to the following requirements. midwife, physician assistant, naturopathic doctor or a
1. No medical diagnosis. A physical therapist or licensed doctor of medicine, surgery, osteopathy, chiro-
practic, podiatry or dentistry.
physical therapist assistant may not make a medical di-
agnosis. The physical therapist or physical therapist as- Sec. 7. 32 MRSA §3113-B, sub-§3, as enacted
sistant shall refer to an advanced practice registered by PL 1991, c. 178, §3, is amended to read:
nurse, certified nurse midwife, physician assistant, na- 3. Persons employed by licensed doctors. Any
turopathic doctor or a licensed doctor of medicine, os-
teopathy, podiatry, dentistry or chiropractic a patient person employed by and under the control of a duly li-
censed doctor in that doctor's office from administering
whose physical condition, either at the initial evaluation physical therapy modalities, providing as long as that
or during subsequent treatment, the physical therapist or
physical therapist assistant determines to be beyond the person does not profess to be a physical therapist or,
physiotherapist, physical therapist assistant or physio-
scope of the practice of the physical therapist or physi- therapist assistant or use words or letters to indicate that
cal therapist assistant.
the person is a licensed physical therapist or physical
2. No improvement. If no improvement in the therapist assistant;
patient is documented by the physical therapist or phys-
ical therapist assistant within 30 days of initiation of
Sec. 8. 32 MRSA §3116, as amended by PL
2007, c. 402, Pt. N, §8, is further amended to read:
treatment and the condition the physical therapist or
physical therapist assistant is treating has not been med- §3116. License renewal
ically diagnosed in the last 90 days, the physical thera- All licenses must be renewed biennially on or be-
pist or physical therapist assistant shall consult with or
refer the patient to an advanced practice registered fore March 31st of each even-numbered year or at such
other times as the Commissioner of Professional and Fi-
nurse, certified nurse midwife, physician assistant, na- nancial Regulation may designate upon application by
turopathic doctor or a licensed doctor of medicine, os-
teopathy, podiatry, dentistry or chiropractic. the licensee accompanied by the renewal fee as set un-
der section 3116‑A. Any license not renewed by March
3. Length of treatment. For treatment required 31st the date set by the commissioner automatically ex-
beyond 120 days for a condition that has not been med- pires. The board may renew an expired license if the re-
ically diagnosed, the physical therapist or physical ther- newal notice is returned within 90 days of the expiration
apist assistant shall consult with, or refer the patient to, date and upon payment of a late fee in addition to the
an advanced practice registered nurse, certified nurse renewal fee as set under section 3116‑A. A person who
midwife, physician assistant, naturopathic doctor or a submits an application for renewal more than 90 days
licensed doctor of medicine, surgery, osteopathy, podi- after the license expiration date is subject to all require-
atry, dentistry or chiropractic. The physical therapist or ments governing new applicants under this chapter, ex-
physical therapist assistant shall document the action cept that the board may in its discretion, giving due con-
taken. sideration to the protection of the public, waive exami-
4. Exception. The requirements to refer a patient nation if the renewal application is made within 2 years
from the date of that expiration.
in subsections 2 and 3 do not apply to:
A. Services provided for purposes of health pro-
Sec. 9. 32 MRSA §3116-B is enacted to read:
motion, injury prevention, wellness, fitness, ath- §3116-B. Continuing education requirements for
letic performance or maintenance therapy; license renewal
B. Patients diagnosed within the previous 9 The board shall establish by rule continuing educa-
months with a chronic neuromuscular or develop- tion requirements as a condition of renewal of a license
mental condition when the services are being pro- as authorized under Title 10, section 8003, subsection
vided for problems or symptoms associated with 5-A, paragraph D.
that previously diagnosed condition; or Sec. 10. 32 MRSA §3121 is enacted to read:
§3121. Criminal history record information; fees
539
PUBLIC LAW, C. 318 FIRST SPECIAL SESSION - 2023
1. Background check. The board shall request a print file. In response to a written request, the bu-
background check for each person who submits an ap- reau shall remove the applicant's fingerprints from
plication for initial licensure or licensure by endorse- the fingerprint file and provide written confirma-
ment under this chapter. The background check must tion of that removal.
include criminal history record information obtained
from the Maine Criminal Justice Information System 2. Rules. The board, following consultation with
the State Bureau of Identification, shall adopt rules to
and, once approved and authorized by the federal De- implement this section. Rules adopted pursuant to this
partment of Justice, from the Federal Bureau of Inves-
tigation. The following provisions apply. subsection are routine technical rules as defined in Title
5, chapter 375, subchapter 2‑A.
A. The criminal history record information ob-
See title page for effective date.
tained from the Maine Criminal Justice Infor-
mation System must include a record of public
criminal history record information as defined in CHAPTER 318
Title 16, section 703, subsection 8.
H.P. 991 - L.D. 1539
B. The criminal history record information ob-
tained from the Federal Bureau of Investigation An Act to Promote a Diverse,
must include other state and national criminal his- More Experienced Workforce
tory record information.
and Ensure High-quality
C. An applicant shall submit to having fingerprints Careers by Increasing
taken. The State Police, upon payment of a fee es- Registered Apprenticeship
tablished by the board by rule by the applicant, Programs
shall take or cause to be taken the applicant's fin-
gerprints and shall forward the fingerprints to the Be it enacted by the People of the State of Maine
State Bureau of Identification so that the bureau as follows:
can conduct state and national criminal history rec- Sec. 1. 26 MRSA §3201, sub-§23-A is enacted
ord checks. Except for the portion of the payment, to read:
if any, that constitutes the processing fee charged
by the Federal Bureau of Investigation, all money 23-A. Total package value. "Total package
received by the State Police for purposes of this value" means the hourly sum of the following:
paragraph must be paid over to the Treasurer of A. Wages;
State. The money must be applied to the expenses
of administration incurred by the Department of B. The dollar value of employer-paid health insur-
Public Safety. ance; and
D. The subject of a Federal Bureau of Investigation C. The dollar value of employer-paid retirement
criminal history record check may obtain a copy of contribution benefits, except those retirement con-
the criminal history record check by following the tribution benefits that require the employee to
procedures outlined in 28 Code of Federal Regula- match the employer-paid contributions for the em-
tions, Sections 16.32 and 16.33. The subject of a ployee to access the retirement fund offered by the
state criminal history record check may inspect and employer.
review the criminal history record information pur- Sec. 2. 26 MRSA §3203, sub-§1, ¶E, as en-
suant to Title 16, section 709. acted by PL 2011, c. 491, §13, is amended to read:
E. State and federal criminal history record infor- E. A schedule of progressively increasing wages
mation may be used by the board for the purpose of to be paid to an apprentice consistent with the skill
screening each applicant. A board action against an acquired. The entry wage may not be less than the
applicant under this subsection is subject to the pro- minimum wage prescribed by the federal Fair La-
visions of Title 5, chapter 341. bor Standards Act of 1938 for student preappren-
F. Information obtained pursuant to this subsection tices and not less than $10 per hour or 50% of the
is confidential. The results of background checks journeyman rate, whichever is highest, for adult
received by the board are for official use only and registered apprentices, unless a higher wage is re-
may not be disseminated to any other person or en- quired by other applicable federal law or regulation
tity. or state law or rule or by collective bargaining
agreement. For purposes of this paragraph, "jour-
G. An applicant whose license has expired and who neyman rate" is the rate of pay established by the
has not applied for renewal may request in writing sponsor for an apprentice who has met all of the
that the State Bureau of Identification remove the skill, knowledge and competency requirements for
applicant's fingerprints from the bureau's finger- that occupation;
540
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 318
Sec. 3. 26 MRSA §3203, sub-§1, ¶T, as en- C. Not providing an adequate total package value
acted by PL 2011, c. 491, §13, is amended to read: to apprentices completing an apprenticeship pro-
gram as determined by the department.
T. The name, address, telephone number and
e-mail address, if appropriate, for the appropriate The department shall adopt rules to implement this sub-
individual with authority under the apprenticeship section. Rules adopted pursuant to this subsection are
program to receive, process and make disposition routine technical rules as defined in Title 5, chapter 375,
of complaints; and subchapter 2‑A.
Sec. 4. 26 MRSA §3203, sub-§1, ¶U, as en- Sec. 9. 26 MRSA §3204, sub-§6 is enacted to
acted by PL 2011, c. 491, §13, is amended to read: read:
U. Provision for recording and maintenance of all 6. Department to perform assessment annually.
records concerning apprenticeship as may be re- Beginning January 1, 2024, the department shall annu-
quired by the Maine Apprenticeship Program and ally perform an assessment on the Maine Apprentice-
other applicable law.; ship Program. The assessment must include, but is not
limited to, the following:
Sec. 5. 26 MRSA §3203, sub-§1, ¶V is en-
acted to read: A. A summary of performance data collected from
program sponsors;
V. The dollar value of employer-paid health insur-
ance; and B. Best practices being used and areas for im-
Sec. 6. 26 MRSA §3203, sub-§1, ¶W is en- provement, as determined by the department; and
acted to read: C. Steps taken by the department to ensure contin-
uous improvement on key performance metrics.
W. The dollar value of employer-paid retirement
contribution benefits, except those retirement con- Sec. 10. 26 MRSA §3209, sub-§4, ¶J, as en-
tribution benefits that require the employee to acted by PL 2011, c. 491, §13, is amended to read:
match the employer-paid contributions for the em- J. Ensuring an annual report is provided by March
ployee to access the retirement fund offered by the
employer. 1st of each year to the Governor, the joint standing
committee of the Legislature having jurisdiction
Sec. 7. 26 MRSA §3204, sub-§2, as enacted by over labor and economic development matters and
PL 2011, c. 491, §13, is amended to read: the joint standing committee of the Legislature
having jurisdiction over education and cultural af-
2. Evaluation. The Maine Apprenticeship Pro- fairs that includes the following:
gram shall evaluate the performance of a registered ap-
prenticeship program. The tools and factors to be used (1) The name and location of each sponsor;
must include, but are not limited to: (2) The number of apprentices registered into
A. Quality assurance assessments; and completing apprenticeship; and
B. Equal employment opportunity compliance re- (3) The return on investment.;
views; and
(4) Data on wages and benefits for apprentices
C. Completion rates. The cancellation of an ap- enrolled in apprenticeship programs and for
prenticeship agreement during the probationary pe- apprentices who complete an apprenticeship
riod under section 3205, subsection 8 does not have program;
an adverse impact on an apprenticeship program's
completion rate.; and (5) Actions taken by the council to ensure ap-
prenticeships are leading to well-paying jobs
D. The total package value of a registered appren- and careers; and
ticeship program. (6) The assessment required under section
Sec. 8. 26 MRSA §3204, sub-§5 is enacted to 3204, subsection 6.
read:
Sec. 11. 26 MRSA §3211, sub-§8 is enacted to
5. Registered apprenticeship programs not in read:
compliance. The department shall identify and act to
8. Monetary incentive program; historically un-
remedy registered apprenticeship programs that are: derrepresented populations. To the extent that fund-
A. Not in compliance with quality assurance as- ing is available, the Maine Apprenticeship Council
sessments; shall, in coordination with the department, establish a
financial incentive program for registered apprentice-
B. Experiencing low rates of retention or comple-
tion; or ships to recruit historically underrepresented popula-
tions. No more than 50% of the funds granted under this
541
PUBLIC LAW, C. 319 FIRST SPECIAL SESSION - 2023
program may be allocated to the registered apprentice- H. Facilitate and support the public transportation
ship sponsor, and the remaining 50% of the funds must systems in the State to achieve accessibility, afford-
be reserved for stipends for registered apprentices who ability and convenience for the average person's
meet the criteria established under this program. mobility needs.
Sec. 12. 26 MRSA §3211, sub-§9 is enacted to Sec. 5. 23 MRSA §4209-A, sub-§2, ¶B, as
read: enacted by PL 2015, c. 182, §8, is amended to read:
9. Department, Maine Apprenticeship Council B. The following individuals appointed by the
to establish criteria for funding registered appren- commissioner:
ticeships. The Maine Apprenticeship Council shall, in (1) One representative each from the federally
coordination with the department, establish criteria for
funding registered apprenticeship programs. The crite- designated planning organizations for the Ban-
gor, Kittery, Lewiston and Auburn and Port-
ria must establish benchmarks and consider the total land regions;
package value that a registered apprentice graduate
earns upon transitioning to journeyman status. (2) One representative of private bus opera-
See title page for effective date. tors;
(3) One representative of a statewide non-
profit organization advocating on behalf of the
CHAPTER 319 elderly older adults;
H.P. 1004 - L.D. 1559 (4) One representative of a medical provider;
An Act to Advance the State's (5) One representative of a business that relies
Public Transit Systems by on public transportation an organization repre-
senting the business community with an inter-
Reinvigorating the Public est in improving public transportation;
Transit Advisory Council
(6) One representative of a statewide associa-
Be it enacted by the People of the State of Maine tion of planning and development agencies;
as follows:
(7) One representative of an organization rep-
Sec. 1. 23 MRSA §73, sub-§3, ¶E, as cor- resenting persons with disabilities;
rected by RR 1991, c. 2, §88, is amended to read:
(8) One representative of a nonprofit transit
E. Meet the diverse transportation needs of the provider Four representatives of 2 separate
people of the State, including rural and urban pop- public or nonprofit transit agencies, 2 of whom
ulations and the unique mobility needs of the el- represent an urban agency and 2 of whom rep-
derly older adults and disabled persons with disa- resent a rural agency;
bilities, including the employment of alternative
modes of transportation; (9) One representative of an economic devel-
opment organization; and
Sec. 2. 23 MRSA §73, sub-§3, ¶F, as corrected
by RR 1991, c. 2, §88, is amended to read: (10) One representative of an organization
representing low-income persons.;
F. Be consistent with the purposes, goals and pol-
icies of the Comprehensive Planning and Land Use (11) One representative of an organization
Regulation Act; and from one of the State's immigrant communi-
ties;
Sec. 3. 23 MRSA §73, sub-§3, ¶G, as cor-
rected by RR 1991, c. 2, §88, is amended to read: (12) One representative of the State's un-
housed community; and
G. Incorporate a public participation process in
which local governmental bodies and the public (13) One representative representing youth in-
have timely notice and opportunity to identify and terests who is 16 years of age or older and un-
comment on concerns related to transportation der 25 years of age.
planning decisions, capital investment decisions In making appointments, the commissioner shall
and project decisions. The department and the ensure that rural and urban areas are represented.
Maine Turnpike Authority shall take the comments
and concerns of local citizens into account and Sec. 6. 23 MRSA §4209-A, sub-§4, as
must be responsive to them.; and amended by PL 2019, c. 211, §2, is further amended to
read:
Sec. 4. 23 MRSA §73, sub-§3, ¶H is enacted
to read: 4. Terms, vacancies and council chair. A mem-
ber of the council appointed pursuant to subsection 2,
542
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 321
paragraph B serves for a term of 3 years. Terms must Sec. 1. 21-A MRSA §674, sub-§1, ¶B, as
be staggered so that approximately one-third 1/3 of the amended by PL 2003, c. 447, §14, is further amended
council is renewed each calendar year. If a member is to read:
unable to complete the term, the commissioner shall ap- B. Interferes with a voter attempting to cast a vote,
point a member from the same category of members
listed in subsection 2, paragraph B as the member who including by knowingly blocking or attempting to
block a voter's access to a secured drop box;
vacated the council to serve out the unexpired portion
of the term. The commissioner shall determine how the Sec. 2. 21-A MRSA §752-B, sub-§3-A is en-
council is to choose a chair and for how long the chair acted to read:
is to serve. The council shall annually elect a chair and 3-A. Access to secured drop box. During the ab-
vice chair from among its members, each of whom
serves a term of one year. sentee voting period, to the extent possible, a munici-
pality shall ensure that a path to each secured drop box
Sec. 7. 23 MRSA §4209-A, sub-§4-A, as en- is clear of all barriers.
acted by PL 2019, c. 211, §2, is amended to read: See title page for effective date.
4-A. Meetings and deliberations. The council
shall meet at the call of the chair no less than once 3
times per year at the call of the chair. The council may CHAPTER 321
form subcommittees and adopt bylaws and other poli- S.P. 622 - L.D. 1591
cies to effectively govern its the council's proceedings.
Sec. 8. 23 MRSA §4209-A, sub-§5, as An Act to Promote Economic
amended by PL 2019, c. 211, §2, is further amended to Reuse of Contaminated Land
read: Through Clean Energy
5. Report. The council shall report on its deliber- Development
ations and any recommendations by March 1st of each Be it enacted by the People of the State of Maine
odd-numbered year to the Governor and the joint stand- as follows:
ing committees of the Legislature having jurisdiction
over transportation matters and health and human ser- Sec. 1. 35-A MRSA §3210, sub-§11, as en-
vices matters. The report must include: acted by PL 2019, c. 477, §1, is amended to read:
A. An assessment of the level of public transpor- 11. Report; Class IA resource and thermal re-
tation services and infrastructure provided to the newable energy credit portfolio requirements. By
public in each geographic region; March 31, 2024 and every 5 3 years thereafter, the com-
mission Governor's Energy Office shall submit a report
B. Recommendations for the level of service and to the joint standing committee of the Legislature hav-
supporting infrastructure that should be provided ing jurisdiction over energy matters based on a review,
and, an estimate of the cost of providing those ser- conducted in consultation with the Governor's Energy
vices and supporting infrastructure and a recom- Office commission, of the status and impacts of the im-
mendation for any necessary additional funding; plementation of the portfolio requirements for Class IA
and resources under subsection subsections 3, 3-A, 3‑B and
D. A progress report on recommendations con- thermal renewable energy credits under subsection 3‑C.
tained in the implementation of the most recent The review must be completed through a public process
statewide strategic transit plan for the department and must include consideration of impacts of these re-
as well as the quinquennial locally coordinated newable portfolio requirements on energy prices and as-
plan for regional transit under section 4209, sub- sessment of benefits, including, but not limited to, on
section 2. greenhouse gas emissions and the economy of the State.
The report required under this subsection may be sub-
See title page for effective date. mitted in conjunction with the report required under
subsection 3‑A, paragraph C. After reviewing the re-
port required under this subsection, the committee may
CHAPTER 320 report out legislation regarding renewable portfolio re-
H.P. 1013 - L.D. 1568 quirements.
Sec. 2. 35-A MRSA §3210, sub-§12 is enacted
An Act to Protect Access to to read:
Absentee Ballot Drop Boxes
12. Standard-offer service provider. In accor-
Be it enacted by the People of the State of Maine dance with section 3210-J, subsection 4, a standard-
as follows: offer service provider may satisfy the requirements of
this section using renewable energy credits procured
543
PUBLIC LAW, C. 321 FIRST SPECIAL SESSION - 2023
pursuant to section 3210-J and assigned by the commis- this amount to the amount of energy and renewable
sion to that standard-offer service provider for the pur- energy credits to be contracted under paragraph A.
poses of satisfying the requirements of this section.
C. The commission shall initiate the first competi-
Sec. 3. 35-A MRSA §3210-J is enacted to read: tive solicitation to select eligible Class IA re-
§3210-J. Renewable energy procurement; reuse of sources or combined projects for contract under
this section by January 1, 2024.
contaminated lands
D. For any amount of energy or renewable energy
1. Definitions. As used in this section, unless the credits required to be procured under paragraph A
context otherwise indicates, the following terms have
the following meanings. that are not procured in the first competitive solici-
tation, the commission shall initiate a 2nd compet-
A. "Combined project" means an eligible Class IA itive solicitation within 12 months of the conclu-
resource paired and collocated with an energy stor- sion of the first solicitation. The commission shall
age system connected to the State's electricity grid, initiate additional solicitations in the same manner
whether metered jointly or separately from the eli- until contracts have been approved to procure eli-
gible Class IA resource. gible Class IA resources or combined projects in
accordance with paragraph A.
B. "Contaminated land" means agricultural land
contaminated by perfluoroalkyl and polyfluoroal- E. The commission shall require each bidder to
kyl substances as defined in Title 38, section 1614, demonstrate in the bid proposal the economic and
subsection 1, paragraph F that may no longer be community benefits the proposal will provide, in-
used for its current or historical agricultural pur- cluding but not limited to:
poses as determined by the Department of Agricul-
(1) Jobs that will be created;
ture, Conservation and Forestry in accordance with
applicable state and federal food safety standards. (2) Excise, income, property and sales taxes
that will be paid; and
C. "Eligible Class IA resource" means a Class IA
resource, as defined in section 3210, subsection 2, (3) Goods and services that will be purchased.
paragraph A-3: F. In conducting a solicitation and selecting eligible
(1) That begins commercial operation on or af- Class IA resources or combined projects for con-
ter September 19, 2023; and tracts under this section, the commission shall:
(2) For which a system impact study required (1) Consider the expected effect of eligible
by the New England independent system oper- Class IA resources on other renewable re-
ator has been filed. sources, as defined in section 3210, subsection
2, paragraph C, due to congestion and curtail-
D. "Energy storage system" has the same meaning ment;
as in section 3481, subsection 6.
(2) Select only those eligible Class IA re-
2. Competitive procurement. The commission
shall direct investor-owned transmission and distribu- sources or combined projects for contracts that
will benefit ratepayers; and
tion utilities to enter into one or more contracts for en-
ergy and renewable energy credits from eligible Class (3) Of those eligible Class IA resources or
IA resources or combined projects in accordance with combined projects that benefit ratepayers, give
this section. Customers who have made an election pur- preference to eligible Class IA resources or
suant to section 3210, subsection 10 are subject to pro- combined projects as follows:
hibitions on bidding on or obtaining a contract under
(a) Primary preference to those eligible
this section as provided in section 3210, subsection 10 Class IA resources or combined projects
for contracts under section 3210-G.
that are located on contaminated land; and
A. The commission shall initiate competitive solic-
itations for contracts under this paragraph for en- (b) Secondary preference to those eligible
Class IA resources or combined projects
ergy and renewable energy credits equal to 5% of that minimize use of farmland that is not
the retail electricity sales in this State for the period
from January 1, 2021 to December 31, 2021 plus contaminated land and minimize use of
forested land.
any amount determined pursuant to paragraph B.
G. In conducting a solicitation and selecting com-
B. The commission shall determine the amount of bined projects for contracts under this section, the
energy or renewable energy credits from Class IA
resources selected for contracts pursuant to section commission shall:
3210-G that have not been fulfilled and shall add
544
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 323
(1) Require 2 separate bid proposals, one with Human Rights Act; any written or oral statement made
the energy storage system and one without; in connection with a complaint pursuant to Title 20-A,
and chapter 445 or the so-called Title IX provisions of the
(2) Require an energy storage system selected federal Education Amendments of 1972, Public Law
92-318; or any other statement falling within constitu-
for a contract to remain stationary and under tional protection of the right to petition government.
the same ownership throughout the contract
term. See title page for effective date.
H. The commission may establish a process by rule
to allow an energy storage system to apply to the CHAPTER 323
commission to be paired with and added to a con-
tract awarded to an eligible Class IA resource after H.P. 1049 - L.D. 1624
that resource has been awarded a contract.
An Act to Clarify the
3. Contract terms. A contract entered into pursu- Procedure for Amending the
ant to this section must be for a term of no more than 20
years, unless the commission finds a contract for a Birth Certificate of an Adult to
longer term to be prudent. Recognize a Parent Not Known
or Listed at the Time of Birth
4. Renewable energy credits. The commission
shall by rule establish a process to assign renewable en- Be it enacted by the People of the State of Maine
ergy credits procured pursuant to subsection 2 to a as follows:
standard-offer service provider in order to satisfy that Sec. 1. 22 MRSA §2705, sub-§6, as amended
standard-offer service provider's renewable resource by PL 2021, c. 49, §4, is further amended to read:
portfolio requirements under section 3210.
6. Amendment of birth certificate of adult.
5. Rules. The commission shall adopt rules to im- Amendment of a birth certificate of a person 18 years
plement this section. Rules adopted in accordance with of age or older born in this State for the purpose of iden-
this subsection are routine technical rules pursuant to tifying or replacing a genetic parent who was not known
Title 5, chapter 375, subchapter 2‑A. or listed at the time of birth is governed by section
See title page for effective date. 2767‑A.
Sec. 2. 22 MRSA §2767-A, as amended by PL
CHAPTER 322 2021, c. 49, §6, is further amended to read:
545
PUBLIC LAW, C. 324 FIRST SPECIAL SESSION - 2023
The testing must be of a type generally acknowl- B. An adoption decree pursuant to Title 18-C, ar-
edged as reliable by accreditation bodies desig- ticle 9.
nated by the federal Secretary of Health and Hu-
See title page for effective date.
man Services, and it must be performed by a labor-
atory approved by an accreditation body designated
by the federal Secretary of Health and Human Ser- CHAPTER 324
vices.
S.P. 647 - L.D. 1630
The process for amending a birth certificate under this
subsection may not be used to replace a parent listed on An Act Regarding Campaign
the birth certificate. A genetic parent who was not Finance and Lobbying
known or listed at the time of birth may be added to a
birth certificate under this subsection even if more than Disclosure and Enforcement of
2 parents will be listed on the birth certificate as a result Income Source Reporting
of the amendment. Requirements
2. Effect. If the request submitted pursuant to sub- Be it enacted by the People of the State of Maine
section 1 does not contain the written, notarized consent as follows:
of the genetic parent to be named on the amended birth Sec. 1. 1 MRSA §1016-C, as amended by PL
certificate, amendment of the birth certificate pursuant 2021, c. 132, §1, is further amended to read:
to this section does not affect the rights of inheritance
and descent. A birth certificate amended without the §1016-C. Reports by legislative candidates
written, notarized consent of the genetic parent to be A candidate, as defined in Title 21‑A, section 1,
named on and the amended birth certificate must con- subsection 5, for the Legislature who is not required to
tain the following words in a conspicuous place: "This file a report under section 1016‑G shall file a report con-
birth certificate has been amended to identify or replace taining the same information required of Legislators un-
a genetic parent not known or listed at the time of birth. der section 1016‑G no later than 5 p.m. on August 15th
This amendment does not affect the rights of inher- preceding the general election unless the candidate
itance or descent of the subject of the birth certificate." withdraws from the election in accordance with Title
3. Amendment of birth certificate based on vol- 21‑A, section 374‑A by that date. A candidate shall file
untary acknowledgment of parentage. The State statements electronically as is required of Legislators
Registrar of Vital Statistics shall amend the birth certif- under section 1016-G, subsection 5. If the candidate
icate of a person 18 years of age or older born in this fails to file the statement by the August 15th, the com-
State for the purpose of identifying a parent who was mission may assess penalties in accordance with section
not known or listed at the time of birth if the birth cer- 1016-G, subsection 3.
tificate lists only one parent or if a parent listed on the Sec. 2. 1 MRSA §1016-G, sub-§3, as amended
birth certificate will be replaced with a new parent when by PL 2019, c. 534, §5, is further amended to read:
the state registrar has received the following:
3. Penalties. Penalties for violations of this sec-
A. A signed, notarized request to amend the birth tion are as follows.
certificate from the adult subject of the birth certif-
icate; A. Failing to file a statement within 15 days of hav-
ing been notified by the commission is subject to a
B. A properly executed voluntary acknowledg- civil violation for which a fine of not more than
ment of parentage that complies with the require- $100 may be adjudged penalty not to exceed $250
ments of Title 19-A, chapter 61, subchapter 3; and for a Legislator or $100 for a candidate payable to
C. If the acknowledged parent will replace a parent the commission. A statement is not considered
listed on the birth certificate, a properly executed filed unless it substantially conforms to the require-
denial of parentage from the parent to be replaced ments of this subchapter and is properly signed.
that meets the requirements of Title 19-A, chapter The commission shall determine whether a state-
61, subchapter 3. ment substantially conforms to the requirements of
this subchapter.
4. Amendment of birth certificate based on
adoption or parentage action. The State Registrar of B. The intentional filing of a false statement is a
Vital Statistics shall amend the birth certificate of a per- Class E crime. If the commission concludes that it
son 18 years of age or older born in this State in re- appears that a Legislator has willfully filed a false
sponse to a request by the adult that the adult’s birth statement, it shall refer its findings of fact to the
certificate reflect the adult’s parentage as set forth in: Attorney General. If the commission determines
that a Legislator has willfully failed to file a state-
A. A court order adjudicating parentage pursuant ment required by this subchapter or has willfully
to Title 19-A, chapter 61; or
546
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 324
filed a false statement, the Legislator is presumed that a bona fide effort was made to file the report in
to have a conflict of interest on every question. accordance with this chapter, including, but not
limited to, unexplained delays in Internet service.
Within 3 business days of a filing deadline, the commis-
sion shall mail a notice to a Legislator or candidate who Sec. 4. 21-A MRSA §1002, sub-§2, as
has failed to file a statement required under this sub- amended by PL 2011, c. 389, §2, is repealed.
chapter. If a Legislator or candidate does not file the
statement within 15 days of the notice, the commission Sec. 5. 21-A MRSA §1002, sub-§4, as
amended by PL 2011, c. 389, §2, is repealed.
shall mail a notice of a preliminary penalty of $250 for
a Legislator or $100 for a candidate pursuant to para- Sec. 6. 21-A MRSA §1003, sub-§3-A, as
graph A. The Legislator or candidate may request a amended by PL 2019, c. 323, §3, is further amended by
waiver of the penalty within 15 days of the penalty no- amending the first blocked paragraph to read:
tice. If no request is made, the preliminary penalty of
$250 for a Legislator or $100 for a candidate is final. If The commission may disclose investigative working
papers or discuss them at a public meeting, except for
the Legislator or candidate requests a waiver, the com- the information or records subject to a privilege against
mission shall consider the request at its next meeting for
a determination of the final penalty, if any. The com- discovery or use as evidence, if the information or rec-
ord is materially relevant to a memorandum or interim
mission staff shall confirm a final penalty in a written or final report by the commission staff or a decision by
determination to the Legislator or candidate who did not
file the statement on time. The commission's determi- the commission concerning an audit, investigation or
other enforcement matter. A memorandum or report on
nation may be appealed to the Superior Court in accor- the audit or investigation prepared by staff for the com-
dance with Title 5, chapter 375, subchapter 7 and the
Maine Rules of Civil Procedure, Rule 80C. Penalties as- mission may be disclosed at the time it is submitted to
the commission, as long as the subject of the audit or
sessed pursuant to this subsection may be enforced in investigation has an opportunity to review it first to
accordance with Title 21-A, section 1004-B.
identify material that the subject of the audit or investi-
Sec. 3. 3 MRSA §319, sub-§1, as repealed and gation considers privileged or confidential under some
replaced by PL 2011, c. 179, §7, is amended to read: other provision of law.
1. Failure to file registration or report. Any per- Sec. 7. 21-A MRSA §1004-B, as enacted by PL
son who fails to file a registration or report as required 2009, c. 302, §3, is amended to read:
by this chapter may be assessed a fine is subject to a
civil penalty, payable to the commission, of $100 for §1004-B. Enforcement of penalties assessed by the
commission
every month the person fails to register or is delinquent
in filing a report pursuant to section 317. If a registra- The commission staff shall collect the full amount
tion or report is filed late, the commission shall send a of any penalty and the return of Maine Clean Election
notice of the finding of violation and preliminary pen- Act funds required by the commission to be returned for
alty. The notice must provide the lobbyist with an op- a violation of the statutes or rules administered by the
portunity to request a waiver of the preliminary penalty. commission and has all necessary powers to carry out
If a lobbyist files a report required pursuant to section these duties. Failure to pay the full amount of any pen-
317 within 24 hours after the deadline, the amount of alty assessed by the commission or return of Maine
the preliminary penalty is $50. The preliminary penalty Clean Election Act funds is a civil violation by the can-
is increased by $50 for each successive violation during didate, treasurer, party committee, political action com-
a lobbying year. The commission may waive the fine mittee or other person. Thirty days after issuing the no-
or penalty in whole or in part if the commission deter- tice of penalty or order for the return of funds, the com-
mines the failure to register or report was due to miti- mission shall report to the Attorney General the name
gating circumstances or the fine or penalty is dispropor- of any person who has failed to pay the full amount of
tionate to the level of experience of the lobbyist or the any penalty or to return Maine Clean Election Act funds
harm suffered by the public from the late registration or unless the commission has provided an extended dead-
report. For purposes of this subsection, "mitigating cir- line for payment. The Attorney General shall enforce
cumstances" means: the violation in a civil action to collect the full outstand-
A. A valid emergency determined by the commis- ing amount of the penalty or order for the return of
Maine Clean Election Act funds. The Attorney General
sion, in the interest of the sound administration of shall enforce the violation in a civil action to collect up
justice, to warrant the waiver of the fine or penalty
in whole or in part; to 3 times the outstanding amount of the penalty or un-
returned Maine Clean Election Act funds. This action
B. An error by the commission; or must be brought in the Superior Court for Kennebec
C. Circumstances determined by the commission County or the District Court, 7th District, Division of
Southern Kennebec.
to warrant the waiver of the fine or penalty in whole
or in part, based upon relevant evidence presented
547
PUBLIC LAW, C. 324 FIRST SPECIAL SESSION - 2023
Sec. 8. 21-A MRSA §1014, sub-§5-A is en- other factors, including, but not limited to, the timing of
acted to read: the communication, the recipients of the communica-
tion or, if the communication is a digital communica-
5-A. Text messages. Text messages sent with the
assistance of mass distribution technology that is paid tion, any links to publicly accessible websites related to
the nomination, election or defeat of a candidate. The
for by a person must clearly and conspicuously state the commission's executive director shall make an initial
name of the person who made or financed the expendi-
ture if: determination on the request, which must be posted on
the commission's publicly accessible website. Any per-
A. The text message expressly advocates the elec- son may appeal the initial determination, which must be
tion or defeat of a candidate; or considered by the commission at the next public meet-
ing that is feasible.
B. The text message contains a link to a website
that expressly advocates the election or defeat of a Sec. 12. 21-A MRSA §1019-B, sub-§4, ¶B,
candidate. as amended by PL 2015, c. 350, §6, is further amended
Sec. 9. 21-A MRSA §1015, sub-§3, as to read:
amended by PL 2007, c. 443, Pt. A, §12, is repealed. B. A report required by this subsection must con-
tain an itemized account of each expenditure in ex-
Sec. 10. 21-A MRSA §1019-B, sub-§1, ¶B, cess of $250 in any one candidate's election, the
as amended by PL 2021, c. 132, §7, is further amended
to read: date and purpose of each expenditure and the name
of each payee or creditor. The report must state
B. Unless the person, party committee or political whether the expenditure is in support of or in op-
action committee making the expenditure demon- position to the candidate and must include, under
strates under subsection 2 that the expenditure was penalty of perjury unsworn falsification, as pro-
not intended to influence did not have a purpose or vided in Title 17‑A, section 451 453, a statement
effect of influencing the nomination, election or de- under oath or affirmation whether the expenditure
feat of the candidate, is made to design, produce or is made in cooperation, consultation or concert
disseminate a communication that names or depicts with, or at the request or suggestion of, the candi-
a clearly identified candidate and is disseminated date or an authorized committee or agent of the
during the 28 days, including election day, before a candidate.
primary election; during the 35 days, including
election day, before a special election; or from La-
Sec. 13. 21-A MRSA §1019-B, sub-§4, ¶C,
as amended by PL 2013, c. 334, §16, is further amended
bor Day to a general election day.
to read:
Sec. 11. 21-A MRSA §1019-B, sub-§2, as C. A report required by this subsection must be on
amended by PL 2021, c. 132, §8, is further amended to
a form prescribed and prepared by the commission.
read: A person filing this report may use additional pages
2. Commission determination. A person, party if necessary, but the pages must be the same size as
committee or political action committee may request a the pages of the form. The commission may adopt
determination that an expenditure that otherwise meets procedures requiring the electronic filing of an in-
the definition of an independent expenditure under sub- dependent expenditure report, as long as the com-
section 1, paragraph B is not an independent expendi- mission receives the statement made under oath or
ture by filing a signed written statement with the com- affirmation set out in paragraph B by the filing
mission within 7 days of disseminating the communica- deadline and the commission adopts an exception
tion stating that the cost was not incurred with the intent for persons who lack access to the required tech-
to influence a purpose of influencing the nomination, nology or the technological ability to file reports
election or defeat of a candidate, supported by any ad- electronically. The commission may adopt proce-
ditional evidence the person, party committee or politi- dures allowing for the signed statement to be pro-
cal action committee chooses to submit. The commis- visionally filed by facsimile or electronic mail, as
sion may gather any additional evidence it determines long as the report is not considered complete with-
relevant and material and. The commission shall deter- out the filing of the original signed statement.
mine by a preponderance of the evidence whether the
cost was incurred with intent to influence a purpose of,
Sec. 14. 21-A MRSA §1020-A, sub-§4-A, as
amended by IB 2015, c. 1, §7, is further amended to
or had the effect of, influencing the nomination, elec-
tion or defeat of a candidate. In order to make this de- read:
termination, the commission shall consider whether the 4-A. Basis for penalties. The penalty for late fil-
language and other elements of the communication ing of a report required under this subchapter is a per-
would lead a reasonable person to conclude that the centage of the total contributions or expenditures for the
communication had a purpose of, or had the effect of, filing period, whichever is greater, multiplied by the
influencing an election. The commission may consider number of calendar days late, as follows:
548
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 324
A. For the first violation, 2%; 3. Basis for penalties. The penalty for late filing
of a report required under this subchapter is a percent-
B. For the 2nd violation, 4%; and age of the total contributions or expenditures for the fil-
C. For the 3rd and subsequent violations, 6%. ing period, whichever is greater, multiplied by the num-
ber of calendar days late, as follows:
Any penalty of less than $10 $25 is waived.
A. For the first violation, 2%;
Violations accumulate on reports with filing deadlines
in a 2-year period that begins on January 1st of each B. For the 2nd violation, 4%; and
even-numbered year. Waiver of a penalty does not nul-
C. For the 3rd and subsequent violations, 6%.
lify the finding of a violation.
Any penalty of less than $10 $25 is waived.
A report required to be filed under this subchapter that
is sent by certified or registered United States mail and Violations accumulate on reports with filing deadlines
postmarked at least 2 days before the deadline is not in a 2-year period that begins on January 1st of each
subject to penalty. even-numbered calendar year. Waiver of a penalty does
not nullify the finding of a violation.
A registration or report may be provisionally filed by
transmission of a facsimile copy of the duly executed A report required to be filed under this subchapter that
report to the commission, as long as the facsimile copy is sent by certified or registered United States mail and
is filed by the applicable deadline and an original of the postmarked at least 2 days before the deadline is not
same report is received by the commission within 5 cal- subject to penalty.
endar days thereafter.
A required report may be provisionally filed by trans-
Sec. 15. 21-A MRSA §1055-A, sub-§1, as mission of a facsimile copy of the duly executed report
amended by PL 2019, c. 323, §21, is further amended to the commission, as long as an original of the same
to read: report is received by the commission within 5 calendar
days thereafter.
1. Communications to influence ballot question
elections. Whenever a person makes an expenditure Sec. 17. 21-A MRSA §1125, sub-§3, ¶J, as
exceeding $500 expressly advocating through broad- enacted by PL 2019, c. 323, §29, is amended to read:
casting stations, cable television systems, prerecorded
automated telephone calls or scripted live telephone J. A payment, gift or anything of value may not be
given in exchange for a qualifying contribution. It
calls, newspapers, magazines, campaign signs or other is a violation of this chapter for a participating can-
outdoor advertising facilities, publicly accessible sites
on the Internet, direct mails or other similar types of didate or an agent of the participating candidate to
misrepresent the purpose of soliciting qualifying
general public political advertising or through flyers, contributions and obtaining the contributor's signed
handbills, bumper stickers and other nonperiodical pub-
lications, for or against an initiative or referendum that acknowledgment or submit any fraudulent contri-
butions to the commission, as defined by the rules
is on the ballot, the communication must clearly and of the commission.
conspicuously state the name and address of the person
who made or financed the expenditure for the commu- Sec. 18. 21-A MRSA §1125, sub-§12-A, ¶C,
nication, except that telephone calls must clearly state as amended by PL 2013, c. 334, §34, is further amended
only the name of the person who made or financed the to read:
expenditure for the communication. A digital commu-
C. A record proving that a vendor received pay-
nication costing more than $500 that includes a link to ment for every expenditure in excess of $50 in the
a publicly accessible website expressly advocating for
or against an initiative or referendum that is on the bal- form of a cancelled check, cash receipt from the
vendor or bank or credit card statement identifying
lot must clearly and conspicuously state the name of the the vendor as the payee; and
person who made or financed the expenditure, unless
the digital communication is excluded under subsection Sec. 19. 21-A MRSA §1125, sub-§12-A, ¶E,
2. Telephone surveys that meet generally accepted as amended by PL 2013, c. 334, §34, is further amended
standards for polling research and that are not con- to read:
ducted for the purpose of influencing the voting posi-
E. A contemporaneous document such as an in-
tion of call recipients are not required to include the dis- voice, contract or timesheet that specifies in detail
closure.
the services provided by a vendor who was paid in
Sec. 16. 21-A MRSA §1062-A, sub-§3, as excess of $500 for the election cycle for providing
amended by IB 2015, c. 1, §9, is further amended to campaign staff or consulting services to a candi-
read: date.; and
Sec. 20. 21-A MRSA §1125, sub-§12-A, ¶F
is enacted to read:
549
PUBLIC LAW, C. 325 FIRST SPECIAL SESSION - 2023
F. If a candidate for the Legislature pays at least any other applicable law or government authority. The
$3,000 to a member of the campaign staff, records commission, for good cause shown by the qualified
for the number of hours and type of work per- small water utility, may waive the requirements of this
formed by the member each day. The candidate or subsection.
treasurer shall submit those records to the cam-
paign at least once per month. Sec. 2. 35-A MRSA §901, as enacted by PL
1987, c. 141, Pt. A, §6, is amended by adding at the end
See title page for effective date. a new paragraph to read:
The requirements of this chapter do not apply to a
CHAPTER 325 consumer-owned water utility as defined in section
6101, subsection 1-A.
S.P. 660 - L.D. 1655
Sec. 3. 35-A MRSA §6104, sub-§3, as
An Act to Amend the Laws amended by PL 1995, c. 255, §9, is further amended to
Governing Consumer-owned read:
Water Utilities 3. Notice of proposed rate change and hearing.
The consumer-owned water utility shall, at least 14 days
Be it enacted by the People of the State of Maine prior to the hearing, publish a notice of the proposed
as follows: rate change and the hearing, including the date, time,
Sec. 1. 35-A MRSA §505, sub-§1, as amended place and purpose of the hearing, in a newspaper of gen-
by PL 2019, c. 586, §1, is further amended to read: eral circulation in the area encompassed by the con-
sumer-owned water utility and give one provide notice
1. Consumer-owned water utilities. Except as of the proposed rate change and the date, time, place
provided in this subsection, the commission may not re- and purpose of the hearing to each of its customers in a
quire under this section that a qualified small water util- manner prescribed by the commission. The published
ity cause to be conducted an annual audit of its ac- and individual notices Any such notice must include a
counts. For purposes of this subsection, "qualified statement describing the amount of the rate change and
small water utility" means a consumer-owned water the percentage change for each customer class, the cus-
utility with gross annual revenues that do not exceed tomer's right to request information relating to the
$250,000 of less than $500,000. present and proposed rates, the right to an open and fair
A. A qualified small water utility with gross annual hearing and the right to further hearings before the com-
revenues of $50,000 $100,000 or less shall for any mission, and the availability of assistance from the Pub-
year used as a test year for rate-making purposes lic Advocate. The published and individual notices Any
cause to be conducted, in accordance with gener- such notice must inform customers that they can peti-
ally accepted auditing standards, an audit of its ac- tion the commission to investigate the proposed rate
counts by an independent certified public account- change and must include a statement that signatures on
ant licensed to practice in the State. The commis- petitions filed pursuant to subsection 7 are invalid un-
sion, for good cause shown by the qualified small less accompanied by the printed names and addresses of
water utility, may waive the requirements of this the signers. The published and individual notices Any
paragraph. such notice must also inform customers that the utility
will, upon request, provide customers with petition
B. A qualified small water utility with gross annual forms that include space for signatures and the printed
revenues greater than $50,000 $100,000: names and addresses of the signers. Copies of the no-
(1) Shall cause to be conducted, in accordance tice all notices must be sent to the commission and the
with generally accepted auditing standards, an Public Advocate at least 14 days prior to the hearings.
annual review of its accounts by an independ- Sec. 4. 35-A MRSA §6104, sub-§10, as
ent certified public accountant licensed to amended by PL 1987, c. 490, Pt. B, §12, is further
practice in the State; and amended to read:
(2) Not less than once every 5 years and for 10. Review of rates under section 310. Nothing
any year used as a test year for rate-making in this section prohibits a consumer-owned water utility
purposes, shall cause to be conducted, in from petitioning the commission for review pursuant to
accordance with generally accepted auditing section 310 in the first instance.
standards, an audit of its accounts by an inde-
pendent certified public accountant licensed to Sec. 5. 35-A MRSA §6104-A, sub-§1, as en-
practice in the State. acted by PL 2009, c. 237, §2, is amended to read:
Nothing in this subsection limits or affects any other re- 1. Definitions. As used in this section, unless the
porting, review, auditing or other requirement imposed context otherwise indicates, the following terms have
by a creditor of the qualified small water utility or by the following meanings.
550
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 325
A. "Large consumer-owned water utility" means a not propose a rate adjustment under this section more
consumer-owned water utility with total annual than once every 11 months.
revenues of at least $750,000 $1,000,000 during
3. Notice of proposed rate increase. The con-
the most recent fiscal year. sumer-owned water utility shall, at least 30 days prior
B. "Medium consumer-owned water utility" means to the effective date of the rate adjustment, provide no-
a consumer-owned water utility with total annual tice of the proposed rate change to the commission, to
revenues of less than $750,000 $1,000,000 and at the Public Advocate and to its customers in a manner
least $250,000 $500,000 during the most recent fis- prescribed by the commission. Any such notice must
cal year. include a statement describing the amount of the rate
adjustment, the percentage change for each customer
C. "Small consumer-owned water utility" means a
consumer-owned water utility with total annual class and a brief explanation of the reason for the rate
adjustment. A consumer-owned water utility that elects
revenues of less than $250,000 $500,000 during the to adjust rates pursuant to this section and has been
most recent fiscal year.
granted an exemption from sections 6104 and 6104-A
Sec. 6. 35-A MRSA §6104-A, sub-§5, as by the commission in accordance with section 6114 is
amended by PL 2011, c. 106, §1, is further amended to exempt from the requirement to file the notice of the
read: proposed rate change with the commission and the Pub-
lic Advocate under this subsection.
5. Notice of proposed rate increase and public
meeting. The consumer-owned water utility shall, at 4. Filing changed rates. The consumer-owned
least 14 days prior to the public meeting required under water utility shall file, in a manner prescribed by the
subsection 4, publish a provide notice of the proposed commission, its adjusted rates with the commission and
rate increase and the meeting, including the date, time, the Public Advocate at least 30 days prior to the effec-
place and purpose of the meeting, in a newspaper of tive date of the rate change.
general circulation in the area encompassed by the con- 5. Effective date established for rate change.
sumer-owned water utility and give one notice of the
proposed rate change and the date, time, place and pur- Subject to the notice and waiver requirements of section
307, a consumer-owned water utility electing to adjust
pose of the meeting to each of its customers in a manner rates under this section may establish an effective date
prescribed by the commission. The published and indi-
vidual notices Any such notice must include a statement for a rate adjustment of at least one month, but not more
than 9 months, from the date the rates are filed with the
describing the amount of the rate increase and the per- commission under subsection 3.
centage change for each customer class, the customer's
right to request information relating to the present and 6. Investigation of rates. Nothing in this section
proposed rates and the availability of assistance from prohibits a consumer-owned water utility from petition-
the Public Advocate. Copies of the notice all notices ing the commission for investigation pursuant to section
must be sent to the commission and the Public Advocate 310 or filing a rate change pursuant to section 6104 or
at least 14 days prior to the meeting. 6104-A.
Sec. 7. 35-A MRSA §6104-A, sub-§9, as en- 7. Correction of errors. Upon review of a rate
acted by PL 2009, c. 237, §2, is amended to read: filing made pursuant to this section, the commission
may order the consumer-owned water utility to correct
9. Review of rates under section 310. Nothing in
this section prohibits a consumer-owned water utility mathematical or clerical errors.
from petitioning the commission for review pursuant to 8. Suspension of the adjustment. Notwithstand-
section 310 or filing a rate change pursuant to section ing any provision of this section to the contrary, the
6104 in the first instance. commission may at any time within the period preced-
Sec. 8. 35-A MRSA §6104-B is enacted to ing the effective date of the rate adjustment suspend the
adjustment by filing with the proposed adjustment and
read: delivering to the consumer-owned water utility a state-
§6104-B. Consumer-owned water utilities; expe- ment of its reasons for the suspension. The suspension
dited rate adjustments may not be for a period longer than 12 months from the
effective date of the order of suspension.
1. Application of this section. Notwithstanding
section 310, 6104 or 6104-A, a consumer-owned water Sec. 9. 35-A MRSA c. 64-A is enacted to read:
utility may elect to adjust rates pursuant to this section. CHAPTER 64-A
2. Maximum rate adjustment. The maximum CONSUMER-OWNED WATER UTILITY
rate adjustment that a consumer-owned water utility
may propose under this section is 1.5% of current total CONSOLIDATION
annual revenue. A consumer-owned water utility may
551
PUBLIC LAW, C. 326 FIRST SPECIAL SESSION - 2023
§6431. Consolidation of consumer-owned water util- this subsection are routine technical rules as defined in
ities into a single consumer-owned water Title 5, chapter 375, subchapter 2-A.
utility
§6432. Consolidated consumer-owned water utility
1. Petition. Upon a petition of 2 or more charter requirements; commission author-
consumer-owned water utilities for the consolidation of ity
the consumer-owned water utilities into a single con-
sumer-owned water utility, the commission shall initi- 1. Commission responsibility; charter creation.
If the commission approves a petition of 2 or more
ate a proceeding to determine whether the proposed consumer-owned water utilities for consolidation into a
consolidation is in the public interest.
single consumer-owned water utility in accordance with
2. Differing rates request. Two or more section 6431, the commission shall provide the joint
consumer-owned water utilities may request in the pe- standing committee of the Legislature having jurisdic-
tition submitted in accordance with subsection 1 to have tion over utilities matters a report on the consolidation
differing geographically based rate structures consistent of the utilities that includes a draft charter created in
with the service areas serviced by the petitioning utili- accordance with this section for the approved
ties if the commission approves consolidation into a sin- consumer-owned water utility. The committee may re-
gle consumer-owned water utility. The commission port out a bill for each approved water utility listed in
may disallow the use of differing rate structures if the the report.
commission finds it is not in the best interest of ratepay- 2. Charter requirements. A consolidated
ers.
consumer-owned water utility charter drafted by the
3. Notice to customers; public meeting. Prior to commission pursuant to subsection 1 must:
the filing of a petition pursuant to subsection 1, the
A. Meet the requirements for a standard district in
consumer-owned water utilities seeking consolidation accordance with chapter 64; and
must first hold a public meeting at which any customer
may provide comment and may question the officials B. Specify that the consolidated consumer-owned
present regarding the proposed consolidation. The con- water utility shall acquire all, and not less than all,
sumer-owned water utilities shall, at least 14 days prior of the plants, properties, assets, franchises, rights
to the public meeting required under this subsection, and privileges owned by the consumer-owned wa-
provide notice of the proposed consolidation and the ter utilities being consolidated, including, without
meeting in a manner prescribed by the commission, in- limitation, all lands, buildings, waters, water rights,
cluding the date, time, place and purpose of the meeting springs, wells, reservoirs, tanks, standpipes, mains,
to each of its customers. The notice must include a state- pumps, pipes, machinery, fixtures, hydrants, me-
ment describing the consolidation. A public meeting ters, services, tools, equipment and appliances used
held pursuant to this subsection must include a public or useful in supplying water for domestic, sanitary,
comment period prescribed by the commission. After commercial, industrial and municipal purposes.
the public meeting, the governing bodies of the con- The consideration to be paid for the plants, proper-
sumer-owned water utilities shall hold a meeting to de- ties, assets, franchises, rights and privileges is the
liberate and vote on the proposed consolidation, which assumption by the consolidated consumer-owned
may be modified on the basis of public comments re- water utility of all of the outstanding debts, obliga-
ceived during the public meeting. The consumer-owned tions and liabilities of the consumer-owned water
water utilities shall take minutes of the public meeting utilities being consolidated, including, without lim-
and the subsequent meeting of the governing bodies. itation, the assumption by the consolidated con-
Upon good cause shown, the commission may waive sumer-owned water utility of any outstanding notes
one or more of the requirements of this subsection. or bonds of the consumer-owned water utilities be-
ing consolidated that are due on or after the date of
4. Proceeding; approval. Upon a petition filed the assumption.
pursuant to subsection 1, the commission shall provide
in a proceeding customers of the petitioning consumer- See title page for effective date.
owned water utilities and other interested persons the
opportunity to comment on or object to the proposed
consolidation. Upon the conclusion of the proceeding, CHAPTER 326
the commission shall issue a written decision. The com- H.P. 1098 - L.D. 1709
mission may approve the consolidation petition or mod-
ifications of the petition upon a finding that the consol- An Act to Update the Elevator
idation is in the public interest, subject to any reasona- and Tramway Safety Laws
ble conditions imposed by the commission. Regarding Construction Hoists
5. Rulemaking. The commission may adopt rules
to implement this section. Rules adopted pursuant to Be it enacted by the People of the State of Maine
as follows:
552
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 327
Sec. 1. 32 MRSA §15202, sub-§3-A is enacted §1202-B. Issuance and scope of licenses
to read:
A person licensed under this chapter must produce
3-A. Construction hoist. "Construction hoist" a copy of the license upon request of the state electrical
means a hoist that is not an integral part of a building or inspector.
structure; is installed inside or outside the building or The board may adopt rules to carry out the purposes
structure during the construction, alteration or demoli-
tion of the building or structure; and is used to raise and of this section. Rules adopted pursuant to this section
are routine technical rules as defined in Title 5, chapter
lower workers, other personnel and materials. "Con- 375, subchapter 2-A.
struction hoist" does not include:
1. Apprentice electrician. Licensing for an ap-
A. An elevator that is temporarily installed in a
hoistway during the construction of a building or prentice electrician is governed by this subsection.
structure and that incorporates a part of a perma- A. An apprentice electrician who is licensed in
nent elevator that will be installed later; accordance with this subsection and registered with
an apprenticeship program may perform electrical
B. A hoist for raising and lowering materials that
is not designed to carry workers or other personnel; installations under the direct supervision of a mas-
ter electrician, journeyman electrician or limited
C. A manlift that operates through a counterbal- electrician.
ance mechanism or through the use of a continuous B. The board may issue an apprentice electrician
belt;
license to an individual who submits an application
D. A mine hoist; with the required fee and provides evidence of en-
rollment in a registered apprenticeship program
E. A wire rope hoist, whether guided or unguided;
or that has been approved and validated by the United
States Department of Labor, Employment and
F. A transport platform. Training Administration, Office of Apprenticeship
Sec. 2. 32 MRSA §15202, sub-§3-B is enacted or by a State Apprenticeship Agency recognized by
the Office of Apprenticeship.
to read:
2. Helper electrician. Licensing for a helper elec-
3-B. Construction hoist operator. "Construction trician is governed by this subsection.
hoist operator" means a person who operates or is re-
sponsible for the operation of a construction hoist. A. A helper electrician who is licensed in accor-
Sec. 3. 32 MRSA §15230 is enacted to read: dance with this subsection may make electrical in-
stallations under the direct supervision of a master
§15230. Construction hoist operators; rules electrician, journeyman electrician or limited elec-
The director shall adopt rules regarding the proper trician. A helper electrician must be employed by
a supervising master electrician, limited electrician
operation of construction hoists and training require- or electrical company.
ments for construction hoist operators. After adoption
of the rules, a person may not operate a construction B. The board may issue a helper electrician license
hoist except as in accordance with the rules adopted by to an individual who submits an application with
the director. Rules adopted under this section are rou- the required fee.
tine technical rules as defined in Title 5, chapter 375,
3. Journeyman-in-training electrician. Licens-
subchapter 2-A. ing for a journeyman-in-training electrician is governed
See title page for effective date. by this subsection.
A. A journeyman-in-training electrician may make
CHAPTER 327 electrical installations while employed by a super-
vising master electrician, limited electrician or
H.P. 1102 - L.D. 1713 electrical company. A journeyman-in-training
electrician may not supervise other electricians.
An Act to Update Electrical
Education and Other Licensure B. An applicant for a journeyman-in-training li-
cense must first pass an examination approved by
Requirements for Electricians the board. To qualify for the examination, an ap-
Be it enacted by the People of the State of Maine plicant must submit an examination application
as follows: with the required fee and provide evidence of one
of the following:
Sec. 1. 32 MRSA §1202-A, as amended by PL
2019, c. 261, §1 and c. 503, Pt. B, §1, is repealed. (1) Completion of at least 2,000 work hours in
the field of electrical installations as a licensed
Sec. 2. 32 MRSA §1202-B is enacted to read:
553
PUBLIC LAW, C. 327 FIRST SPECIAL SESSION - 2023
554
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 327
work hours prior to applying for a journeyman (2) Completion of at least 4,000 work hours in
license; or the field of electrical installations as a journey-
man electrician and completion of a 576-hour
(6) Comparable work experience, education
or training, or a combination of comparable course of study as adopted by the board;
work experience, education or training, com- (3) Completion of at least 6,000 work hours in
pleted within the State or outside the State, that the field of electrical installations as a
is acceptable to the board. journeyman-in-training electrician and com-
C. Upon passage of the examination, the board pletion of a 576-hour course of study as
adopted by the board; or
may issue the journeyman license to an individual
who submits a license application with the required (4) Comparable work experience, education
fee, demonstrates proof of any required work hours or training, or a combination of comparable
in the field of electrical installations and provides work experience, education or training, com-
evidence of completion of a 45-hour course in the pleted within the State or outside the State, that
National Electrical Code within the 2 years prior to is acceptable to the board. The board may ex-
application for licensure. ercise its discretion to determine if a limited
electrician license holder applying for a master
5. Master electrician. Licensing for a master electrician's license has adequate experience in
electrician is governed by this subsection.
all phases of electrical installation to take the
A. A master electrician may make electrical instal- examination.
lations without limitation. A master electrician is
A person who holds a journeyman or limited elec-
responsible for verifying the current licensure of all trician license issued prior to July 1, 1987 is eligi-
of that master electrician's employees, if licensure
is applicable, prior to and during employment. A ble to take the examination for a master electrician
license if the person has completed the number of
master electrician is responsible for any electrical hours of work experience required by this para-
installation that master electrician performs and for
the electrical installations of individuals that master graph.
electrician supervises at the time of the electrical C. Upon passage of the examination, the board
installations. may issue the master electrician license to a person
who submits a license application with the required
A master electrician may supervise:
fee and provides evidence of completion of a 45-
(1) Two helper electricians who are enrolled hour course in the National Electrical Code within
in, or have completed, a 576-hour course of the 2 years prior to application for licensure.
study as adopted by the board; 6. Limited electrician. Licensing for a limited
(2) Two apprentice electricians employed by electrician is governed by this subsection.
the master electrician; or
A. A limited electrician may make electrical instal-
(3) One helper electrician employed by the lations authorized by the specific limited electri-
master electrician. cian license category without limitation. A limited
A master electrician may supervise an unlimited electrician may supervise helper electricians or ap-
prentice electricians only in the performance of
number of licensed journeyman electricians, electrical installations authorized by the limited
journeyman-in-training electricians or limited elec-
tricians. electrician's specific limited license category.
B. An applicant for a master electrician license A limited electrician may supervise:
must first pass an examination approved by the (1) Two helper electricians who are enrolled
board. To qualify for the examination, an applicant in, or have completed, a 576-hour course of
must submit an examination application with the study as adopted by the board;
required fee and provide evidence of one of the fol- (2) Two apprentice electricians; or
lowing:
(3) One helper electrician.
(1) Completion of at least 12,000 work hours
in the field of electrical installations as a li- A limited electrician is responsible for verifying
censed helper or apprentice electrician and the current licensure of all employees, if licensure
completion of a 576-hour course of study as is applicable, prior to and during employment. A
adopted by the board; limited electrician is responsible for any electrical
installation work that limited electrician performs
and for work of individuals that limited electrician
supervises at the time of electrical installation.
555
PUBLIC LAW, C. 327 FIRST SPECIAL SESSION - 2023
B. A limited electrician may make only electrical (3) For gasoline dispensing, completion of at
installations authorized by the specific limited li- least 135 hours of electrical education and
cense category, as follows: 2,000 hours of work experience approved in
(1) A limited electrician in water pumps is re- rules adopted by the board;
stricted to performing electrical work between (4) For traffic signals, including outdoor light-
the branch circuit overcurrent device, the wa- ing of the traffic signals, completion of at least
ter pump and associated controls; 135 hours of electrical education and 2,000
(2) A limited electrician in outdoor signs, in- hours of work experience approved in rules
adopted by the board;
cluding sign lighting, may not perform electri-
cal work on branch circuit wiring; (5) For house wiring, completed at least 225
hours of electrical education and 4,000 hours
(3) A limited electrician in gasoline dispens-
ing is restricted to performing electrical work of work experience approved in rules adopted
by the board;
between the branch circuit overcurrent device,
the dispenser and associated controls; (6) For refrigeration, completion of:
(4) A limited electrician in traffic signals, in- (a) At least 270 hours of electrical educa-
cluding outdoor lighting of traffic signals, is tion and 6,000 hours of work experience
restricted to performing electrical work on approved in rules adopted by the board; or
traffic signals, including outdoor lighting of
traffic signals and the traffic signal electrical (b) An electrical program in refrigeration
from an accredited institution and 6,000
service; hours of work experience approved in
(5) A limited electrician in house wiring is re- rules adopted by the board. Graduates of
stricted to performing electrical work in one- an electrical program in refrigeration from
family dwellings and 2-family dwellings, in- an accredited institution are credited with
cluding manufactured homes; 4,000 hours work experience upon gradu-
ation;
(6) A limited electrician in refrigeration is re-
stricted to performing electrical work between (7) For low-energy electronics, including fire
the branch circuit overcurrent device, the re- alarms, completion of at least 270 hours of
frigeration equipment and associated controls; electrical education and 4,000 hours of work
experience approved in rules adopted by the
(7) A limited electrician in low-energy elec- board; or
tronics is restricted to performing electrical
work on low-energy electronics as supplied by (8) For crane wiring, completion of at least
Class I, II and III limited energy systems, all 135 hours of electrical education and 2,000
fire alarm systems and the dedicated branch hours of work experience approved in rules
circuit wiring; and adopted by the board.
(8) A limited electrician in crane wiring is re- A person may be eligible for examination under
stricted to the installation of electrical equip- this paragraph by providing evidence of compara-
ment and wiring used in connection with ble work experience, education or training, or a
cranes, monorail hoists, hoists and runways. combination of comparable work experience, edu-
C. The board may require an applicant for a limited cation or training, completed within the State or
outside the State, that is acceptable to the board.
electrician license to first pass an examination ap-
proved by the board. When an examination is re- D. The board may issue a limited electrician li-
quired, an applicant must submit an examination cense to an applicant who submits a license appli-
application with the required fee and provide evi- cation with the required fee, passes any required
dence of one of the following, as applicable to the examination and provides evidence of completion
listed limited license category: of a 45-hour course in the National Electrical Code
(1) For water pumps, completion of at least within the 2 years prior to application for licensure.
135 hours of electrical education and 2,000 Sec. 3. 32 MRSA §1206, 2nd ¶, as amended
hours of work experience approved in rules by PL 2017, c. 198, §18, is further amended to read:
adopted by the board;
Notwithstanding other provisions of this section,
(2) For outdoor signs, including sign lighting, the board, upon receiving an application for a reciprocal
completion of at least 135 hours of electrical license, may waive the 576 hours of study required for
education and 2,000 hours of work experience a journeyman or master license pursuant to section
approved in rules adopted by the board; 1202‑A 1202-B. The board may require the applicant
556
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 328
to submit such written evidence as it determines neces- for the energy procured. Rules adopted to imple-
sary to support the application. ment this paragraph are routine technical rules as
defined in Title 5, chapter 375, subchapter 2‑A.
See title page for effective date.
2. Plan for promoting beneficial electrification
for end uses of energy. The trust shall develop a 3-
CHAPTER 328 year beneficial electrification plan for end uses of en-
S.P. 688 - L.D. 1724 ergy as part of the trust's triennial plan in accordance
with section 10104, subsection 4 and provide annual up-
An Act to Enact the Beneficial dates to the plan in accordance with section 10104, sub-
Electrification Policy Act section 6. In developing its beneficial electrification
plan for end uses, the trust shall consult with relevant
Be it enacted by the People of the State of Maine departments and agencies.
as follows:
3. Funding and reporting. Notwithstanding sec-
Sec. 1. 35-A MRSA c. 38 is enacted to read: tions 116 and 117, at the request of the office, the com-
CHAPTER 38 mission may transfer money from funds in the Public
Utilities Commission Regulatory Fund or the Public
BENEFICIAL ELECTRIFICATION POLICY Utilities Commission Reimbursement Fund to the of-
ACT fice to pay for the costs associated with a petition for a
§3801. Short title procurement of energy from renewable resources under
subsection 1 and, at the request of the trust, to the trust
This chapter may be known and cited as "the Ben- to implement the 3-year beneficial electrification plan
eficial Electrification Policy Act." included in the triennial plan under subsection 2. At the
§3802. Definitions end of any year in which the commission has transferred
money under this subsection to the office or the trust,
For the purposes of this chapter, unless the context the office or the trust, respectively, shall provide a re-
otherwise indicates, the following terms have the fol- port to the commission detailing its fund requests,
lowing meanings. money received and expenditures.
1. Beneficial electrification. "Beneficial electrifi- 4. Monitoring beneficial electrification trends
cation" has the same meaning as in section 10102, sub- and opportunities. To the extent possible through
section 3-A. readily available information, the office, the commis-
2. Office. "Office" means the Governor's Energy sion and the trust shall coordinate to monitor:
Office. A. All beneficial electrification activity in the State
3. Renewable resource. "Renewable resource" has and the effect of the commission's actions under
the same meaning as in section 3210, subsection 2, par- section 3804;
agraph C. B. Trends in beneficial electrification in the State
4. Trust. "Trust" means the Efficiency Maine and in other jurisdictions; and
Trust. C. The estimated costs and benefits for ratepayers
§3803. Support for policy of beneficial electrification of beneficial electrification programs occurring as
a result of this chapter and other programs that have
1. Petition for renewable resources procure- been implemented in the State.
ment. The office may petition the commission to pro-
cure energy from renewable resources to achieve the §3804. Commission advancement of clean energy
emission reduction and renewable energy goals of the and beneficial electrification
State and to meet reasonably expected growth in elec- The commission shall advance through its deci-
tric demand. sions and orders beneficial electrification in order to
A. In developing a petition for procurement of en- achieve the emission reduction and renewable energy
ergy from renewable resources, the office shall goals of the State, reduce energy costs to consumers and
consult with relevant departments and agencies. provide economic and climate benefits for all ratepay-
ers. The commission shall seek to procure energy under
B. The commission shall evaluate a petition sub- section 3803, subsection 1, paragraph B in a manner
mitted by the office in accordance with section that is consistent with beneficial electrification. To the
3804 and may through a competitive procurement extent practicable, the commission shall seek to ensure
process established by the commission by rule pro- that the acquisition of energy from renewable resources
cure energy from one or more renewable resources. under section 3803, subsection 1, paragraph B is de-
The commission may direct a transmission and dis- signed to procure sufficient energy to meet the portfolio
tribution utility to enter into a long-term contract
557
PUBLIC LAW, C. 328 FIRST SPECIAL SESSION - 2023
requirements under section 3210 for the reasonably ex- energy cost from a regional avoided energy supply
pected increase in use of electricity by retail electricity cost study as long as the analysis has been devel-
consumers. oped through a transparent process, with input from
§3805. Reporting state agencies, public advocates, utilities or energy
efficiency administrators from at least 3 other
1. Commission report. The commission shall in- states in New England and the analysis has been
clude in its annual report under section 120, subsection published not more than 24 months prior to the
7 a summary of its activities in accordance with this trust's filing of the plan. When values specific to
chapter. the State are not available in the regional study, the
2. Office report. The office shall include in its an- trust may use, and the commission shall give def-
erence to, regional values provided in that regional
nual report under Title 2, section 9, subsection 3, para- study or values determined from other sources
graph C-1 a summary of its activities in accordance with
this chapter. when supported by evidence in the record; and
3. Trust report. The trust shall include in its an- Sec. 7. 35-A MRSA §10110, sub-§4-A, ¶C,
as enacted by PL 2013, c. 369, Pt. A, §20 and affected
nual report under section 10104, subsection 5 a sum- by §30, is amended to read:
mary of its activities in accordance with this chapter.
C. Maximize total electricity savings for all rate-
Sec. 2. 35-A MRSA §10102, sub-§3-A, as en- payers.; and
acted by PL 2019, c. 365, §1, is amended to read:
3-A. Beneficial electrification. "Beneficial elec- Sec. 8. 35-A MRSA §10110, sub-§4-A, ¶D is
enacted to read:
trification" means electrification of a technology or pro-
cess that results in reduction in the use of a fossil fuel, D. Include all beneficial electrification measures
including electrification of a technology or process that that are cost-effective and reliably reduce electric-
would otherwise require energy from a fossil fuel, and ity rates over the life of the measures. In determin-
that provides a benefit to a utility, a ratepayer or the en- ing whether a measure is cost-effective, the com-
vironment, without causing harm to utilities, ratepayers mission shall account for all net energy costs, in-
or the environment, by improving the efficiency of the cluding savings from avoided heating, transporta-
electricity grid or reducing consumer costs or emis- tion or industrial process fuels displaced by the
sions, including carbon emissions. measure.
Sec. 3. 35-A MRSA §10104, sub-§2, ¶C, as Sec. 9. Study; report required. The Public
enacted by PL 2009, c. 372, Pt. B, §3, is amended to Utilities Commission shall conduct a study on how to
read: cost-effectively provide consumer financing of benefi-
cial electrification products, including products for en-
C. The efficiency with which programs are
planned, designed, overseen and delivered is max- ergy efficiency, home or business energy storage, elec-
tric vehicle charging equipment and other distributed
imized; and energy products through methods including, but not
Sec. 4. 35-A MRSA §10104, sub-§2, ¶D, as limited to, on-bill financing by standard-offer service
enacted by PL 2009, c. 372, Pt. B, §3, is amended to providers or competitive electricity providers, or
read: through some combination thereof. The study must pro-
D. Sufficient checks and balances are provided to vide analysis of the relative advantages and disad-
vantages of each financing method considered by the
ensure consistency with public policy and account- commission compared to existing and planned offerings
ability for meeting the principles set out in para-
graphs A to C and E so that energy efficiency pro- of other finance initiatives in the State, including but not
limited to the offerings of the Efficiency Maine Trust,
grams in the State are sustainable for the long the Maine State Housing Authority and the Finance Au-
term.; and
thority of Maine. The study must also review consumer
Sec. 5. 35-A MRSA §10104, sub-§2, ¶E is protection provisions used by other jurisdictions that
enacted to read: permit on-bill financing. By January 5, 2024, the com-
E. Programs are planned and implemented to ad- mission shall submit to the Joint Standing Committee
on Energy, Utilities and Technology a report on the
vance the policy of beneficial electrification as de- study required by this section. The committee may re-
scribed in chapter 38.
port out a bill during the Second Regular Session of the
Sec. 6. 35-A MRSA §10110, sub-§4-A, ¶B, 131st Legislature concerning the subject matter of the
as amended by PL 2019, c. 313, §8, is further amended report.
by amending the first blocked paragraph to read: Sec. 10. Appropriations and alloca-
The trust shall use, and the commission shall give tions. The following appropriations and allocations
deference to, values for each element of avoided are made.
558
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 329
559
PUBLIC LAW, C. 329 FIRST SPECIAL SESSION - 2023
received or generated by a physical therapy licensing A. Participate fully in the commission's data sys-
board pursuant to an investigation. tem, including using the commission's unique iden-
tifier as defined in rules;
11. Jurisprudence requirement. "Jurisprudence
requirement" means the assessment of an individual's B. Have a mechanism in place for receiving and
knowledge of the laws and rules governing the practice investigating complaints about licensees;
of physical therapy in a state.
C. Notify the commission, in compliance with the
12. Licensee. "Licensee" means an individual terms of the compact and rules, of any adverse ac-
who currently holds an authorization from a state to tion or the availability of investigative information
practice as a physical therapist or to work as a physical regarding a licensee;
therapist assistant.
D. Fully implement a criminal background check
13. Member state. "Member state" means a state requirement, within a time frame established by
that has enacted the compact. rule, by receiving the results of the Federal Bureau
14. Party state. "Party state" means any member of Investigation record search on criminal back-
ground checks and use the results in making licen-
state in which a licensee holds a current license or com- sure decisions in accordance with subsection 2;
pact privilege or is applying for a license or compact
privilege. E. Comply with the rules of the commission;
15. Physical therapist. "Physical therapist" F. Utilize a recognized national examination as a
means an individual who is licensed by a state to prac- requirement for licensure pursuant to the rules of
tice physical therapy. the commission; and
16. Physical therapist assistant. "Physical thera- G. Have continuing competence requirements as a
pist assistant" means an individual who is licensed or condition for license renewal.
certified by a state and who assists a physical therapist 2. Biometric-based information. Upon adoption
in selected components of physical therapy.
of this compact, the member state has the authority to
17. Physical therapy, physical therapy practice obtain biometric-based information from each physical
or the practice of physical therapy. "Physical ther- therapy licensure applicant and submit this information
apy," "physical therapy practice" or "the practice of to the Federal Bureau of Investigation for a criminal
physical therapy" means the care and services provided background check in accordance with 28 United States
by or under the direction and supervision of a licensed Code, Section 534 and 42 United States Code, Section
physical therapist. 14616.
18. Physical therapy compact commission or 3. Compact privilege. A member state shall grant
commission. "Physical therapy compact commission" the compact privilege to a licensee holding a valid un-
or "commission" means the national administrative encumbered license in another member state in accor-
body whose membership consists of all states that have dance with the terms of the compact and rules.
enacted the compact pursuant to section 18708.
4. Fees. Member states may charge a fee for grant-
19. Physical therapy licensing board or licens- ing a compact privilege.
ing board. "Physical therapy licensing board" or "li-
§18705. Compact privilege
censing board" means the agency of a state that is re-
sponsible for the licensing and regulation of physical 1. Compact privilege. To exercise the compact
therapists and physical therapist assistants. privilege under the terms and provisions of the compact,
20. Remote state. "Remote state" means a mem- the licensee:
ber state other than the home state where a licensee is A. Must hold a license in the home state;
exercising or seeking to exercise the compact privilege.
B. May not have an encumbrance on any state li-
21. Rule. "Rule" means a regulation, principle or cense;
directive promulgated by the commission that has the
C. Must be eligible for a compact privilege in any
force of law. member state in accordance with subsections 4, 7
22. State. "State" means any state, common- and 8;
wealth, district or territory of the United States that reg-
ulates the practice of physical therapy. D. May not have an adverse action against any li-
cense or compact privilege within the previous 2
§18704. State participation in the compact years;
1. Participation requirements. To participate in E. Must notify the commission that the licensee is
the compact, a state must: seeking the compact privilege within a remote
state;
560
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 329
F. Must pay any applicable fees, including any §18706. Active duty military personnel or their
state fee, for the compact privilege; spouses
G. Must meet any jurisprudence requirements es- A licensee who is active duty military or is the
tablished by the remote state in which the licensee spouse of an individual who is active duty military may
is seeking a compact privilege; and designate one of the following as the home state:
H. Must report to the commission adverse action 1. Home of record. Home of record;
taken by any nonmember state within 30 days from
the date the adverse action is taken. 2. Permanent change of station. Permanent
change of station; or
2. Validity. The compact privilege is valid until
3. Current residence. State of current residence
the expiration date of the home state license. The licen- if it is different than the permanent change of station
see must comply with the requirements of subsection 1
to maintain the compact privilege in the remote state. state or home of record.
3. Laws and regulations. A licensee providing §18707. Adverse actions
physical therapy in a remote state under the compact 1. Adverse action authority. A home state has
privilege shall function within the laws and regulations exclusive power to take adverse action against a license
of the remote state. issued by the home state.
4. Regulation. A licensee providing physical ther- 2. Remote state investigative information. A
apy in a remote state is subject to that state's regulatory home state may take adverse action based on the inves-
authority. A remote state may, in accordance with due tigative information of a remote state, as long as the
process and that state's laws, remove a licensee's com- home state follows the home state's procedures for tak-
pact privilege in the remote state for a specific period of ing adverse action.
time, impose fines or take any other necessary actions
to protect the health and safety of its citizens. The li- 3. Alternative program. Nothing in this compact
overrides a member state's decision that participation in
censee is not eligible for a compact privilege in any an alternative program may be used in lieu of adverse
member state until the specific time for removal has
passed and all fines are paid. action and that such participation remains nonpublic if
required by the member state's laws. Member states
5. Encumbrance. If a home state license is en- must require licensees who enter any alternative pro-
cumbered, the licensee must lose the compact privilege grams in lieu of discipline to agree not to practice in any
in any remote state until the following occur: other member state during the term of the alternative
program without prior authorization from such other
A. The home state license is no longer encum-
bered; and member state.
B. Two years have elapsed from the date of the 4. Member state authority. Any member state
may investigate actual or alleged violations of the laws
adverse action. and rules authorizing the practice of physical therapy in
6. Restoration after encumbrance. Once an en- any other member state in which a physical therapist or
cumbered license in the home state is restored to good physical therapist assistant holds a license or compact
standing, the licensee must meet the requirements of privilege.
subsection 1 to obtain a compact privilege in any remote 5. Remote state authority. A remote state has the
state.
authority to:
7. Removal. If a licensee's compact privilege in
any remote state is removed, the individual must lose A. Take adverse actions as set forth in section
18705, subsection 4 against a licensee's compact
the compact privilege in any remote state until the fol- privilege in the state;
lowing occur:
B. Issue subpoenas for both hearings and investi-
A. The specific period of time for which the com-
pact privilege was removed has ended; gations that require the attendance and testimony of
witnesses and the production of evidence. Subpoe-
B. All fines have been paid; and nas issued by a physical therapy licensing board in
C. Two years have elapsed from the date of the a party state for the attendance and testimony of
witnesses or the production of evidence from an-
adverse action. other party state must be enforced in the latter state
8. Restoration after removal. Once the require- by any court of competent jurisdiction according to
ments of subsection 7 have been met, the licensee must the practice and procedure of that court applicable
meet the requirements in subsection 1 to obtain a com- to subpoenas issued in proceedings pending before
pact privilege in a remote state. it. The issuing authority shall pay any witness fees,
travel expenses, mileage and other fees required by
561
PUBLIC LAW, C. 329 FIRST SPECIAL SESSION - 2023
the service laws of the state where the witnesses or F. A delegate shall vote in person or by such other
evidence are located; and means as provided in the bylaws. The bylaws may
provide for delegates' participation in meetings by
C. If otherwise permitted by state law, recover
from the licensee the costs of investigations and telephone or other means of communication.
disposition of cases resulting from any adverse ac- G. The commission shall meet at least once during
tion taken against that licensee. each calendar year. Additional meetings must be
held as set forth in the bylaws.
6. Joint investigations. In addition to the author-
ity granted to a member state by its respective physical 3. Powers and duties. The commission has the
therapy practice act or other applicable state law, a following powers and duties:
member state may participate with other member states
in joint investigations of licensees. A. Establish the fiscal year of the commission;
Member states shall share any investigative, litigation B. Establish bylaws;
or compliance materials in furtherance of any joint or C. Maintain its financial records in accordance
individual investigation initiated under the compact. with the bylaws;
§18708. Establishment of physical therapy compact D. Meet and take such actions as are consistent
commission with the provisions of this compact and the bylaws;
1. Commission established. The member states E. Promulgate uniform rules to facilitate and coor-
hereby create and establish a joint public agency known dinate implementation and administration of this
as the physical therapy compact commission. compact. The rules have the force and effect of law
and are binding in all member states;
A. The commission is an instrumentality of the
compact states. F. Bring and prosecute legal proceedings or actions
B. Venue is proper and judicial proceedings by or in the name of the commission, as long as the stand-
ing of any state physical therapy licensing board to
against the commission must be brought solely and sue or be sued under applicable law is not affected;
exclusively in a court of competent jurisdiction
where the principal office of the commission is lo- G. Purchase and maintain insurance and bonds;
cated. The commission may waive venue and juris- H. Borrow, accept or contract for services of per-
dictional defenses to the extent it adopts or con-
sents to participate in alternative dispute resolution sonnel, including, but not limited to, employees of
a member state;
proceedings.
I. Hire employees, elect or appoint officers, fix
C. Nothing in this compact may be construed to be compensation, define duties and grant such indi-
a waiver of sovereign immunity.
viduals appropriate authority to carry out the pur-
2. Membership; voting; meetings. Membership, poses of the compact and establish the commis-
voting and meetings are governed by this subsection. sion's personnel policies and programs relating to
A. Each member state has and is limited to one conflicts of interest, qualifications of personnel and
other related personnel matters;
delegate selected by that member state's licensing
board. J. Accept appropriate donations and grants of
money, equipment, supplies, materials and services
B. The delegate must be either:
and receive, utilize and dispose of the same, as long
(1) A current member of the licensing board, as at all times the commission avoids any appear-
who is a physical therapist, physical therapist ance of impropriety or conflict of interest;
assistant or public member; or K. Lease, purchase, accept appropriate gifts or do-
(2) An administrator of the licensing board. nations of or otherwise own, hold, improve or use
any property, real, personal or mixed, as long as at
C. Any delegate may be removed or suspended all times the commission avoids any appearance of
from office as provided by the law of the state from
which the delegate is appointed. impropriety;
D. The member state licensing board shall fill any L. Sell, convey, mortgage, pledge, lease, ex-
change, abandon or otherwise dispose of any prop-
vacancy occurring on the commission. erty, real, personal or mixed;
E. Each delegate is entitled to one vote with regard M. Establish a budget and make expenditures;
to the promulgation of rules and creation of bylaws
and must otherwise have an opportunity to partici- N. Borrow money;
pate in the business and affairs of the commission. O. Appoint committees, including standing com-
mittees composed of members, state regulators,
562
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 329
state legislators or their representatives and con- (7) Other duties as provided in rules or the by-
sumer representatives and such other interested laws.
persons as may be designated in this compact and
5. Meetings of the commission. Meetings of the
the bylaws; commission are governed by this subsection.
P. Provide and receive information from, and co- A. All meetings must be open to the public and
operate with, law enforcement agencies;
public notice of meetings must be given in the same
Q. Establish and elect an executive board; and manner as required under the rule-making provi-
sions in section 18710.
R. Perform such other functions as may be neces-
sary or appropriate to achieve the purposes of this B. The commission or the executive board or other
compact consistent with the state regulation of committees of the commission may convene in a
physical therapy licensure and practice. closed, nonpublic meeting if the commission or ex-
ecutive board or other committees of the commis-
4. Executive board. The establishment of an ex-
ecutive board is governed by this subsection. sion must discuss:
A. The executive board has the power to act on (1) Noncompliance of a member state with its
obligations under the compact;
behalf of the commission according to the terms of
this compact. (2) The employment, compensation, disci-
pline or other matters, practices or procedures
B. The executive board is composed of 9 members:
related to specific employees or other matters
(1) Seven voting members who are elected by related to the commission's internal personnel
the commission from the current membership practices and procedures;
of the commission; (3) Current, threatened or reasonably antici-
(2) One ex officio, nonvoting member from a pated litigation;
recognized national physical therapy profes-
sional association; and (4) Negotiation of contracts for the purchase,
lease or sale of goods, services or real estate;
(3) One ex officio, nonvoting member from a
(5) Accusing any person of a crime or for-
recognized membership organization of phys- mally censuring any person;
ical therapy licensing boards.
(6) Disclosure of trade secrets or commercial
C. The ex officio members are selected by their
respective organizations. or financial information that is privileged or
confidential;
D. The commission may remove any member of
(7) Disclosure of information of a personal na-
the executive board as provided in the bylaws. ture where disclosure would constitute a
E. The executive board shall meet at least annually. clearly unwarranted invasion of personal pri-
vacy;
F. The executive board has the following duties
and responsibilities: (8) Disclosure of investigative records com-
piled for law enforcement purposes;
(1) Recommend to the entire commission
changes to the rules or bylaws, changes to this (9) Disclosure of information related to any
compact legislation, fees paid by compact investigative reports prepared by or on behalf
member states such as annual dues and any of or for use of the commission or other com-
commission compact fee charged to licensees mittee charged with responsibility of investi-
for the compact privilege; gation or determination of compliance issues
pursuant to the compact; or
(2) Ensure compact administration services
are appropriately provided, contractual or oth- (10) Matters specifically exempted from dis-
erwise; closure by federal or member state law.
(3) Prepare and recommend the budget; C. If a meeting, or portion of a meeting, is closed
(4) Maintain financial records on behalf of the pursuant to paragraph B, the commission's legal
counsel or designee shall certify that the meeting
commission; may be closed and shall reference each relevant ex-
(5) Monitor compact compliance of member empting provision.
states and provide compliance reports to the
commission; D. The commission shall keep minutes that fully
and clearly describe all matters discussed in a meet-
(6) Establish additional committees as neces- ing and shall provide a full and accurate summary
sary; and
563
PUBLIC LAW, C. 329 FIRST SPECIAL SESSION - 2023
of actions taken, and the reasons therefore, includ- the scope of commission employment, duties or re-
ing a description of the views expressed. All doc- sponsibilities, except that nothing in this paragraph
uments considered in connection with an action may be construed to protect any such person from
must be identified in the minutes. All minutes and suit or liability for any damage, loss, injury or lia-
documents of a closed meeting must remain under bility caused by the intentional or willful or wanton
seal, subject to release by a majority vote of the misconduct of that person.
commission or order of a court of competent juris- B. The commission shall defend any member, of-
diction.
ficer, executive director, employee or representa-
6. Financing of the commission. Financing of the tive of the commission in any civil action seeking
commission is governed by this subsection. to impose liability arising out of any actual or al-
A. The commission shall pay, or provide for the leged act, error or omission that occurred within the
scope of commission employment, duties or re-
payment of, the reasonable expenses of its estab- sponsibilities, or that the person against whom the
lishment, organization and ongoing activities.
claim is made had a reasonable basis for believing
B. The commission may accept any appropriate occurred within the scope of commission employ-
revenue sources, donations and grants of money, ment, duties or responsibilities, except that nothing
equipment, supplies, materials and services. in this paragraph may be construed to prohibit that
person from retaining that person's own counsel, as
C. The commission may levy on and collect an an- long as the actual or alleged act, error or omission
nual assessment from each member state or impose
fees on other parties to cover the cost of the opera- did not result from that person's intentional or will-
ful or wanton misconduct.
tions and activities of the commission and its staff,
which must be in a total amount sufficient to cover C. The commission shall indemnify and hold
its annual budget as approved each year for which harmless any member, officer, executive director,
revenue is not provided by other sources. The ag- employee or representative of the commission for
gregate annual assessment amount must be allo- the amount of any settlement or judgment obtained
cated based upon a formula to be determined by the against that person arising out of any actual or al-
commission, which shall promulgate a rule binding leged act, error or omission that occurred within the
upon all member states. scope of commission employment, duties or re-
sponsibilities, or that such person had a reasonable
D. The commission may not incur obligations of
any kind prior to securing the funds adequate to basis for believing occurred within the scope of
commission employment, duties or responsibili-
meet the same, and the commission may not pledge ties, as long as the actual or alleged act, error or
the credit of any of the member states, except by
and with the authority of the member state. omission did not result from the intentional or will-
ful or wanton misconduct of that person.
E. The commission shall keep accurate accounts of
§18709. Data system
all receipts and disbursements. The receipts and
disbursements of the commission are subject to the 1. Database and reporting system. The commis-
audit and accounting procedures established under sion shall provide for the development, maintenance
its bylaws; however, all receipts and disbursements and utilization of a coordinated database and reporting
of funds handled by the commission must be au- system containing licensure, adverse action and inves-
dited yearly by a certified or licensed public ac- tigative information on all licensed individuals in mem-
countant, and the report of the audit must be in- ber states.
cluded in and become part of the annual report of
the commission. 2. Uniform data set submission. Notwithstand-
ing any other provision of state law to the contrary, a
7. Qualified immunity; defense; indemnifica- member state shall submit a uniform data set to the data
tion. Qualified immunity, defense and indemnification system on all individuals to whom this compact is ap-
are governed by this subsection. plicable as required by the rules of the commission, in-
cluding:
A. The members, officers, executive director, em-
ployees and representatives of the commission are A. Identifying information;
immune from suit and liability, either personally or B. Licensure data;
in their official capacity, for any claim for damage
to or loss of property or personal injury or other C. Adverse actions against a licensee or compact
civil liability caused by or arising out of any actual privilege;
or alleged act, error or omission that occurred, or
that the person against whom the claim is made had D. Nonconfidential information related to alterna-
tive program participation;
a reasonable basis for believing occurred, within
564
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 329
E. Any denial of application for licensure and the A. The proposed time, date and location of the
reasons for that denial; and meeting in which the rule will be considered and
voted upon;
F. Other information that may facilitate the admin-
istration of this compact, as determined by the rules B. The text of the proposed rule or amendment and
of the commission. the reason for the proposed rule;
3. Investigative information availability. Inves- C. A request for comments on the proposed rule
tigative information pertaining to a licensee in any from any interested person; and
member state may be made available only to other party
D. The manner in which interested persons may
states. submit notice to the commission of their intention
4. Adverse action information. The commission to attend the public hearing and any written com-
shall promptly notify all member states of any adverse ments.
action taken against a licensee or an individual applying
6. Public comment. Prior to adoption of a pro-
for a license. Adverse action information pertaining to posed rule, the commission shall allow persons to sub-
a licensee in any member state must be available to any
other member state. mit written data, facts, opinions and arguments, which
must be made available to the public.
5. Confidential information. Member states con-
7. Public hearing. The commission shall grant an
tributing information to the data system may designate opportunity for a public hearing before it adopts a rule
information that may not be shared with the public with-
out the express permission of the contributing state. or amendment if a hearing is requested by:
6. Information expungement. Any information A. At least 25 persons;
submitted to the data system that is subsequently re- B. A state or federal governmental subdivision or
quired to be expunged by the laws of the member state agency; or
contributing the information must be removed from the
C. An association having at least 25 members.
data system.
8. Hearing notice. If a hearing is held on the pro-
§18710. Rulemaking posed rule or amendment, the commission shall publish
1. Powers. The commission shall exercise its rule- the place, time and date of the scheduled public hearing.
making powers pursuant to the criteria set forth in this If the hearing is held via electronic means, the commis-
section and the rules adopted thereunder. Rules and sion shall publish the mechanism for access to the elec-
amendments become binding as of the date specified in tronic hearing.
each rule or amendment.
A. All persons wishing to be heard at the hearing
2. Rule rejection. If a majority of the legislatures must notify the executive director of the commis-
of the member states rejects a rule, by enactment of a sion or other designated member in writing of their
law or resolution in the same manner used to adopt the desire to appear and testify at the hearing not less
compact within 4 years of the date of adoption of the than 5 business days before the scheduled date of
rule, then that rule has no further force and effect in any the hearing.
member state. B. Hearings must be conducted in a manner
3. Rule adoption procedure. Rules or amend- providing each person who wishes to comment a
ments to the rules must be adopted at a regular or special fair and reasonable opportunity to comment orally
meeting of the commission. or in writing.
4. Notice. Prior to promulgation and adoption of C. All hearings must be recorded. A copy of the
a final rule or rules by the commission, and at least 30 recording must be made available on request.
days in advance of the meeting at which the rule will be
considered and voted upon, the commission shall file a D. Nothing in this section may be construed as re-
quiring a separate hearing on each rule. Rules may
notice of proposed rulemaking: be grouped for the convenience of the commission
A. On the website of the commission or other pub- at hearings required by this section.
licly accessible platform; and
9. Consideration. Following the scheduled hear-
B. On the website of each member state physical ing date, or by the close of business on the scheduled
therapy licensing board or other publicly accessible hearing date if the hearing was not held, the commission
platform or the publication in which each state shall consider all written and oral comments received.
would otherwise publish proposed rules.
10. Proceeding without public hearing. If no
5. Notice requirements. The notice of proposed written notice of intent to attend the public hearing by
rulemaking must include:
565
PUBLIC LAW, C. 329 FIRST SPECIAL SESSION - 2023
interested parties is received, the commission may pro- proceeding in a member state pertaining to the sub-
ceed with promulgation of the proposed rule without a ject matter of this compact that may affect the pow-
public hearing. ers, responsibilities or actions of the commission.
11. Final action. The commission shall, by ma- C. The commission is entitled to receive service of
jority vote of all members, take final action on the pro- process in any proceeding under paragraph B and
posed rule and shall determine the effective date of the has standing to intervene in such a proceeding for
rule, if any, based on the rule-making record and the full all purposes. Failure to provide service of process
text of the rule. to the commission renders a judgment or order void
as to the commission, this compact or promulgated
12. Emergency rulemaking. Upon determination rules.
that an emergency exists, the commission may consider
and adopt an emergency rule without prior notice, op- 2. Default; technical assistance; termination.
portunity for comment or hearing, as long as the usual Default, technical assistance and termination are gov-
rule-making procedures provided in the compact and in erned by this subsection.
this section are retroactively applied to the rule as soon
A. If the commission determines that a member
as reasonably possible, in no event later than 90 days state has defaulted in the performance of its obliga-
after the effective date of the rule. For the purposes of
this subsection, "emergency rule" means a rule that tions or responsibilities under this compact or the
promulgated rules, the commission shall:
must be adopted immediately in order to:
(1) Provide written notice to the defaulting
A. Meet an imminent threat to public health, safety state and other member states of the nature of
or welfare;
the default, the proposed means of curing the
B. Prevent a loss of commission or member state default and any other action to be taken by the
funds; commission; and
C. Meet a deadline for the promulgation of an ad- (2) Provide remedial training and specific
ministrative rule that is established by federal law technical assistance regarding the default.
or rule; or
B. If a state in default fails to cure the default, the
D. Protect public health and safety. defaulting state may be terminated from the com-
pact upon an affirmative vote of a majority of the
13. Rule revisions. The commission or an autho-
rized committee of the commission may direct revisions member states, and all rights, privileges and bene-
fits conferred by this compact may be terminated
to a previously adopted rule or amendment for purposes on the effective date of termination. A cure of the
of correcting typographical errors, errors in format, er-
rors in consistency or grammatical errors. Public notice default does not relieve the offending state of obli-
gations or liabilities incurred during the period of
of any revisions must be posted on the website of the default.
commission. The revision is subject to challenge by any
person for a period of 30 days after posting. The revi- C. Termination of membership in the compact may
sion may be challenged only on grounds that the revi- be imposed only after all other means of securing
sion results in a material change to a rule. A challenge compliance have been exhausted. Notice of intent
must be made in writing and delivered to the chair of to suspend or terminate must be given by the com-
the commission prior to the end of the notice period. If mission to the governor, the majority and minority
no challenge is made, the revision takes effect without leaders of the defaulting state's legislature and each
further action. If the revision is challenged, the revision of the member states.
may not take effect without the approval of the commis- D. A state that has been terminated is responsible
sion.
for all assessments, obligations and liabilities in-
§18711. Oversight; dispute resolution; enforcement curred through the effective date of termination, in-
cluding obligations that extend beyond the effec-
1. Oversight. Oversight of the compact is gov-
erned by this subsection. tive date of termination.
A. The executive, legislative and judicial branches E. The commission may not bear any costs related
to a state that is found to be in default or that has
of state government in each member state shall en- been terminated from the compact, unless agreed
force this compact and take all actions necessary
and appropriate to effectuate the compact's pur- upon in writing between the commission and the
defaulting state.
poses and intent. The provisions of this compact
and the rules promulgated hereunder have standing F. The defaulting state may appeal the action of the
as statutory law. commission by petitioning the United States Dis-
B. All courts shall take judicial notice of the com- trict Court for the District of Columbia or the fed-
eral district where the commission has its principal
pact and the rules in any judicial or administrative
566
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 329
offices. The prevailing member must be awarded A. A member state's withdrawal does not take ef-
all costs of that litigation, including reasonable at- fect until 6 months after enactment of the repealing
torney's fees. statute.
3. Dispute resolution. Dispute resolution is gov- B. Withdrawal does not affect the continuing re-
erned by this subsection. quirement of the withdrawing state's physical ther-
apy licensing board to comply with the investiga-
A. Upon request by a member state, the commis- tive and adverse action reporting requirements of
sion shall attempt to resolve disputes related to the
compact that arise among member states and be- this chapter prior to the effective date of with-
drawal.
tween member and nonmember states.
4. Other agreements or arrangements. Nothing
B. The commission shall promulgate a rule provid- contained in this compact may be construed to invali-
ing for both mediation and binding dispute resolu-
tion for disputes as appropriate. date or prevent any physical therapy licensure agree-
ment or other cooperative arrangement between a mem-
4. Enforcement. Enforcement of the compact is ber state and a nonmember state that does not conflict
governed by this subsection. with the provisions of this compact.
A. The commission, in the reasonable exercise of 5. Amendment. This compact may be amended
its discretion, shall enforce the provisions and rules by the member states. An amendment to this compact
of this compact. does not become effective and binding upon any mem-
B. By majority vote, the commission may initiate ber state until it is enacted into the laws of all member
states.
legal action in the United States District Court for
the District of Columbia or the federal district §18713. Construction and severability
where the commission has its principal offices
This compact may be liberally construed so as to
against a member state in default to enforce com- effectuate the purposes thereof. The provisions of this
pliance with the provisions of the compact and its
promulgated rules and bylaws. The relief sought compact must be severable and if any phrase, clause,
sentence or provision of this compact is declared to be
may include both injunctive relief and damages. In contrary to the constitution of any party state or of the
the event judicial enforcement is necessary, the
prevailing member must be awarded all costs of United States or the applicability thereof to any govern-
ment, agency, person or circumstance is held invalid,
that litigation, including reasonable attorney's fees. the validity of the remainder of this compact and the ap-
C. The remedies under this subsection are not the plicability thereof to any government, agency, person or
exclusive remedies of the commission. The com- circumstance is not affected thereby. If this compact is
mission may pursue any other remedies available held contrary to the constitution of any party state, the
under federal or state law. compact remains in full force and effect as to the re-
maining party states and in full force and effect as to the
§18712. Date of implementation of compact; associ- party state affected as to all severable matters.
ated rules; withdrawal; amendment
1. Effective date. The compact takes effect on the
Sec. 2. Appropriations and allocations. The
date on which the compact statute is enacted into law in following appropriations and allocations are made.
the 10th member state. The provisions of the compact PROFESSIONAL AND FINANCIAL
that become effective at that time are limited to the pow- REGULATION, DEPARTMENT OF
ers granted to the commission relating to assembly and
Administrative Services - Professional and
the promulgation of rules. After the effective date of the Financial Regulation 0094
compact, the commission shall meet and exercise rule-
making powers necessary to the implementation and ad- Initiative: Provides ongoing funds for the technology
ministration of the compact. and other administrative costs associated with adding
one Comprehensive Health Planner II position to sup-
2. Subsequent member states. Any state that port the anticipated increase in workload associated
joins the compact subsequent to the commission's initial
adoption of the rules is subject to the rules as they exist with joining the Physical Therapy Licensure Compact.
on the date on which the compact becomes law in that OTHER SPECIAL 2023-24 2024-25
state. Any rule that has been previously adopted by the REVENUE FUNDS
commission has the full force and effect of law on the All Other $0 $2,245
day the compact becomes law in that state. __________ __________
OTHER SPECIAL REVENUE $0 $2,245
3. Withdrawal. Any member state may withdraw FUNDS TOTAL
from this compact by enacting a statute repealing the
same. Office of Professional and Occupational Regulation
0352
567
PUBLIC LAW, C. 330 FIRST SPECIAL SESSION - 2023
Initiative: Provides ongoing funds for one Comprehen- drinking water using standard laboratory methods es-
sive Health Planner II position and related All Other tablished by the United States Environmental Protec-
costs to support the anticipated increase in workload as- tion Agency, including regulated PFAS contaminants.
sociated with joining the Physical Therapy Licensure 4. Regulated PFAS contaminants. "Regulated
Compact.
PFAS contaminants" means perfluorooctanoic acid,
OTHER SPECIAL 2023-24 2024-25 perfluorooctane sulfonic acid, perfluorohexane sulfonic
REVENUE FUNDS acid, perfluorononanoic acid, perfluoroheptanoic acid
POSITIONS - 0.000 1.000 and perfluorodecanoic acid.
LEGISLATIVE COUNT
Personal Services $0 $49,297 §2660-BB. Bottled water testing, reporting and sale
All Other $0 $12,539 requirements
__________ __________
OTHER SPECIAL REVENUE $0 $61,836 A bottler shall comply with the provisions of this
FUNDS TOTAL section.
1. Initial testing. A bottler shall conduct initial
PROFESSIONAL AND testing for the level of PFAS applicable to a community
FINANCIAL REGULATION, water system detectable using standard laboratory
DEPARTMENT OF
DEPARTMENT TOTALS 2023-24 2024-25
methods established by the United States Environmen-
tal Protection Agency in effect at the time of sampling.
OTHER SPECIAL $0 $64,081 A bottler shall conduct testing under this subsection for
REVENUE FUNDS all regulated PFAS contaminants and additional PFAS
__________ __________ included in the list of analytes in the standard laboratory
DEPARTMENT TOTAL - $0 $64,081 methods established by the United States Environmen-
ALL FUNDS tal Protection Agency applicable to community water
Sec. 3. Effective date. This Act takes effect Jan- systems in effect at the time of sampling.
uary 1, 2026. 2. Subsequent monitoring. After completion of
Effective January 1, 2026. initial testing as required by subsection 1, a bottler shall
conduct continued monitoring for the presence of regu-
lated PFAS contaminants in water bottled by the bottler
CHAPTER 330 according to this subsection.
H.P. 796 - L.D. 1248 A. If initial testing under subsection 1 or testing
under this paragraph detects the presence of any
An Act to Ensure the Quality regulated PFAS contaminants individually or in
of Bottled Water combination at or above the standard applicable to
a community water system, the bottler shall con-
Be it enacted by the People of the State of Maine duct continued quarterly testing until regulated
as follows: PFAS contaminants are mitigated to the standard
Sec. 1. 22 MRSA c. 601, sub-c. 9 is enacted to applicable to a community water system.
read: B. If initial testing under subsection 1 detects the
SUBCHAPTER 9 presence of any regulated PFAS contaminants at
or above each analyte's lowest concentration mini-
BOTTLED WATER mum reporting level as specified in the standard la-
§2660-AA. Definitions boratory methods established by the United States
Environmental Protection Agency applicable to
As used in this subchapter, unless the context oth- community water systems in effect at the time of
erwise indicates, the following terms have the following sampling, either individually or in combination
meanings. with other detected regulated PFAS contaminants,
1. Bottler. "Bottler" means a person that extracts the bottler shall conduct continued testing annu-
water in this State to be sold as bottled water. ally.
2. Community water system. "Community water 3. Reporting. A bottler shall:
system" has the same meaning as in section 2660-B, A. Report the results of testing required by this sec-
subsection 2. tion to the department in the same manner as a
3. Perfluoroalkyl and polyfluoroalkyl sub- community water system is required to report un-
stances or PFAS. "Perfluoroalkyl and polyfluoroalkyl der department rule; and
substances" or "PFAS" means a perfluoroalkyl sub- B. Post the results of testing required by this sec-
stance or polyfluoroalkyl substance that is detectable in tion on a publicly accessible website. The posted
568
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 331
information must include the source of the water standing committee of the Legislature having jurisdic-
tested, the date the water was tested and the level tion over environment and natural resources matters set-
of regulated PFAS contaminants present in the wa- ting forth information on statewide generation of solid
ter or a statement that the water is free from regu- waste, statewide recycling rates and available disposal
lated PFAS contaminants. capacity for solid waste as provided in subsection 1.
4. Sale of bottled water. A bottler may not sell 1. Content of report. A report submitted pursuant
bottled water in this State that contains a regulated to this section must include, but is not limited to:
PFAS contaminant in an amount that exceeds the stan- A. Information on the total amount and disposition
dard applicable to a community water system, either un-
der a standard set by this State or a federal standard, of municipal solid waste and construction and dem-
olition debris generated in the State, including in-
whichever requires a lower level of the contaminant. formation on the total amount and disposition of
5. Enforcement. The department may enforce the any such waste exported from the State;
requirements of this section in the same manner as for a
violation of subchapter 2. A bottler may appeal the acts B. Information on the total amount and disposition
of municipal solid waste and construction and dem-
or decisions of the department under this section in the olition debris generated outside the State and im-
same manner as described in subchapter 2-A.
ported into the State;
6. Department website. The department shall
post the testing results received as required by subsec- C. Information on the total amount of municipal
solid waste and construction and demolition debris
tion 2 on a publicly accessible website. diverted from disposal;
7. Rules. The department shall adopt rules to im- D. Information on the total amount of municipal
plement this section. Rules adopted under this subsec-
tion are routine technical rules as defined in Title 5, solid waste and construction and demolition debris
disposed of at each waste disposal facility in the
chapter 375, subchapter 2-A. State;
Sec. 2. Rules. The Department of Health and E. A summary of the volume of licensed capacity
Human Services shall adopt rules as required by the
Maine Revised Statutes, Title 22, section 2660-BB not at each waste disposal facility in the State that is
authorized and, of that authorized volume, the
later than 30 days after the date of adoption of rules re- amount of licensed capacity that is in use and the
quired under Resolve 2021, chapter 82.
amount not in use; and
Sec. 3. Compliance. A person that extracts wa- F. Any recommendations for necessary legislative
ter or a person who sells bottled water in this State to be
or regulatory changes regarding the management of
sold as bottled water is not required to comply with the solid waste in the State.
provisions of the Maine Revised Statutes, Title 22, sec-
tion 2660-BB until the Department of Health and Hu- 2. Authority for legislation. After reviewing the
man Services has adopted rules as required under Re- report submitted by the department pursuant to this sec-
solve 2021, chapter 82 and Title 22, section 2660-BB. tion, the joint standing committee of the Legislature
having jurisdiction over environment and natural re-
See title page for effective date.
sources matters may report out legislation related to the
report.
CHAPTER 331 Sec. 2. Department of Environmental Pro-
H.P. 744 - L.D. 1172 tection; modernization of waste data collection,
consolidation and reporting. The Department of
An Act to Reestablish Annual Environmental Protection shall take all actions neces-
Reporting on Solid Waste in sary to modernize, streamline and improve the effi-
Maine ciency of the data collection, consolidation and report-
ing systems, procedures and processes it uses or intends
Be it enacted by the People of the State of Maine to use to satisfy the reporting requirement of the Maine
as follows: Revised Statutes, Title 38, section 2124-A. In taking
such actions, the department may as necessary consult,
Sec. 1. 38 MRSA §2124-A, as amended by PL coordinate and contract with the Department of Admin-
2019, c. 291, Pt. B, §3, is repealed and the following istrative and Financial Services, Office of Information
enacted in its place: Technology; InforME, as established in Title 1, section
§2124-A. Solid waste generation and disposal capac- 533; and any other entities.
ity report See title page for effective date.
On or before January 15, 2026 and annually there-
after, the department shall submit a report to the joint
569
PUBLIC LAW, C. 332 FIRST SPECIAL SESSION - 2023
570
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 336
agreements, if any, and those rates that are paid gener- §1301. Resale of tickets
ally in the locality where the construction of the public
works is to be performed. 1. Definitions. As used in this section, unless the
context otherwise indicates, the following terms have
For purposes of this subsection, "benefits" means health the following meanings.
and welfare contributions, pension or individual retire- A. "Entertainment event" means a performance,
ment account contributions and vacation and annuity
contributions, per diem in lieu of wages and any other concert, exhibit, game or contest.
form of payment, except for wages, made to or on be- B. "Place of entertainment" means a facility used to
half of the employee. If a defined contribution amount host an entertainment event including, but not lim-
is not established, the most accurate estimated value of ited to, a theater, stadium, arena, racetrack, mu-
contributions must be included. seum or amusement park.
See title page for effective date. C. "Ticket" means documentation of a right to at-
tend an entertainment event.
CHAPTER 334 D. "Ticket reseller" means a business entity whose
primary business is the sale or resale of tickets.
S.P. 210 - L.D. 456 "Ticket reseller" does not include any of the fol-
lowing:
An Act to Support the Safe Use
of Bicycles and Roller Skis (1) A nonprofit corporation as defined in Title
13-B, section 102, subsection 9; or
Be it enacted by the People of the State of Maine
as follows: (2) A place of entertainment that engages in
the sale or resale of tickets to entertainment
Sec. 1. 29-A MRSA §2060, sub-§2, as events at the place of entertainment.
amended by PL 2013, c. 241, §3, is further amended by
amending the 2nd blocked paragraph to read: 2. Refunds required. A ticket reseller that engages
in the resale of a ticket in the State to a place of enter-
An operator intending to turn to the left must yield the tainment shall, upon the request of the customer, refund
right-of-way to traffic and any person operating a bicy- the amount paid by the customer for the ticket in any of
cle or roller skis approaching from the opposite direc- the following circumstances:
tion that is so close as to constitute an immediate haz-
ard. A. The entertainment event is cancelled;
Sec. 2. 29-A MRSA §2060, sub-§2-A is en- B. The ticket is not accepted by the entity holding
acted to read: the event because it is counterfeit or does not con-
form with the requirements established by the en-
2-A. Left turns near bicyclists or roller skiers. tity holding the entertainment event;
A person operating a motor vehicle near a person oper-
ating a bicycle or roller skis and proceeding in the op- C. The ticket is cancelled by the entity holding the
posite direction may not make a left turn unless the turn entertainment event for any reason; or
can be made with reasonable safety and without inter- D. The person who purchased the ticket does not
fering with the safe and legal operation of the bicycle or receive the ticket in time to attend the entertain-
roller skis. ment event.
See title page for effective date. 3. Penalty. Violation of this section is an unfair
trade practice as prohibited by Title 5, section 207.
CHAPTER 335 See title page for effective date.
H.P. 446 - L.D. 677
CHAPTER 336
An Act to Ensure Consumer H.P. 448 - L.D. 679
Protection from Resale Ticket
Vendors An Act Regarding Animals
Be it enacted by the People of the State of Maine Abandoned by Tenants
as follows: Be it enacted by the People of the State of Maine
Sec. 1. 8 MRSA c. 37 is enacted to read: as follows:
CHAPTER 37 Sec. 1. 7 MRSA §3919-B, first ¶, as enacted
by PL 2003, c. 405, §9, is amended to read:
RESALE OF TICKETS
571
PUBLIC LAW, C. 337 FIRST SPECIAL SESSION - 2023
Notwithstanding sections 3913 and 3919‑A and ex- If an animal shelter accepts an animal at the request
cept as provided in Title 17, section 1021, when a per- of a person the landlord contacted to pick up and care
son brings a pet to an animal shelter because the owner for the animal under this section, the animal shelter shall
of that pet is incarcerated or hospitalized or under the comply with the provisions of Title 7, section 3919-B.
process described in Title 14, section 6025-A, that per-
son shall provide the animal shelter with the name and See title page for effective date.
last known address of the pet's owner and the name and
address of the a facility where the person is incarcerated CHAPTER 337
or hospitalized. The person bringing the pet to the shel-
ter shall also provide the shelter with that person's name H.P. 871 - L.D. 1357
and address and that person's relationship to the owner
or the official capacity in which that person is acting to An Act to Impose an Expanded
enforce the animal welfare laws. The animal shelter Prohibition on Lobbying for
may accept the pet unless the shelter is in quarantine. Former Executive Branch
An animal shelter accepting a pet under this section Employees
shall comply with the provisions of this section.
Be it enacted by the People of the State of Maine
Sec. 2. 14 MRSA §6025, sub-§2, as enacted by as follows:
PL 1981, c. 428, §10, is amended to read:
Sec. 1. 3 MRSA §318-A, as enacted by PL
2. Landlord obligations. Except in the case of 2013, c. 288, §1, is amended by enacting at the end a
emergency or if it is impracticable to do so, the landlord new paragraph to read:
shall give the tenant reasonable notice of his the land-
lord's intent to enter and shall enter only at reasonable This section is repealed December 4, 2024.
times. Twenty-four hours is presumed to be a reasona- Sec. 2. 3 MRSA §318-B is enacted to read:
ble notice in the absence of evidence to the contrary.
An emergency when the welfare of an animal is at risk §318-B. Former executive branch employee lobby-
as described in section 6025-A is grounds for permitting ing prohibited
entry without 24 hours' notice. 1. Definitions. As used in this section, unless the
Sec. 3. 14 MRSA §6025-A is enacted to read: context otherwise indicates, the following terms have
the following meanings.
§6025-A. Access to care for animals
A. "Classified service" has the same meaning as in
A landlord may require a tenant to provide infor- Title 5, section 7032, subsection 3.
mation about any animal present in a rental unit and also
require the name and contact information of one or B. "Compensated lobbying" means lobbying con-
more persons the tenant authorizes to enter the rental ducted by an individual who is specifically em-
unit to retrieve the animal if the tenant has vacated the ployed by another person other than the State or an
premises and abandoned the animal or the tenant is un- agency of the State for that purpose or lobbying
able to care for the animal due to death or disability. The conducted by an individual as a regular employee
landlord may also require, as a condition of tenancy, of another person other than the State or an agency
that the tenant allow the landlord to enter the rental unit of the State. "Compensated lobbying" does not in-
in the case of an emergency when the welfare of the an- clude activities for which the individual receives no
imal is at risk to determine whether the animal has been compensation other than reimbursement for
abandoned or is in need of care. lobbying-related travel within the State and reim-
bursement for other out-of-pocket expenditures
If the landlord determines that a tenant with an an- made by the individual for printing, postage and
imal has vacated the premises or is unable to care for food and lodging connected with lobbying activi-
the animal due to death or disability, the landlord may ties paid for by the individual. For the purposes of
contact a person authorized by the tenant, a humane this paragraph, "reimbursement for other out-of-
agent, an animal control officer or an animal shelter to pocket expenditures" does not include reimburse-
pick up and care for the animal. If the landlord contacts ment for the individual's time spent lobbying that
a person identified under this paragraph to pick up and would have been otherwise compensated by an em-
care for the animal and the landlord, within 5 days, ployer or in the course of the individual's employ-
sends by first-class mail to the tenant's last known ad- ment.
dress a notice containing the name, phone number and
address of the person taking custody of the animal, the C. "Employee from the executive branch in the un-
landlord is not liable in a civil action brought by the ten- classified service" has the same meaning as in Title
ant for personal injury, death, property damage or other 5, section 7032, subsection 6-A.
damages resulting from or arising out of an occurrence D. "Lobbying" has the same meaning as in section
involving the animal. 312-A, subsection 9.
572
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 338
573
PUBLIC LAW, C. 338 FIRST SPECIAL SESSION - 2023
A. "Cost-sharing requirements" means a deducti- 1-A. Definitions. For the purposes of this section,
ble, coinsurance, copayment or out-of-pocket ex- unless the context otherwise indicates, the following
pense and any maximum limitation on the deducti- terms have the following meanings.
ble, coinsurance, copayment or other out-of-pocket A. "Cost-sharing requirements" means a deducti-
expense.
ble, coinsurance, copayment or out-of-pocket ex-
B. "Diagnostic breast examination" means a medi- pense and any maximum limitation on the deducti-
cally necessary examination of the breast, includ- ble, coinsurance, copayment or other out-of-pocket
ing an examination using diagnostic mammogra- expense.
phy, magnetic resonance imaging or ultrasound,
that is: B. "Diagnostic breast examination" means a medi-
cally necessary examination of the breast, includ-
(1) Used to evaluate an abnormality seen on or ing an examination using diagnostic mammogra-
suspected from a screening mammogram; or phy, magnetic resonance imaging or ultrasound,
that is:
(2) Used to evaluate an abnormality detected
by another means of examination. (1) Used to evaluate an abnormality seen on or
suspected from a screening mammogram; or
C. "Screening mammogram" means a radiologic
procedure that is provided to an asymptomatic in- (2) Used to evaluate an abnormality detected
dividual for the purpose of early detection of breast by another means of examination.
cancer and that consists of 2 radiographic views per
breast. A screening mammogram also includes an C. "Screening mammogram" means a radiologic
procedure that is provided to an asymptomatic in-
additional radiologic procedure recommended by a dividual for the purpose of early detection of breast
provider when the results of an initial radiologic
procedure are not definitive. cancer and that consists of 2 radiographic views per
breast. A screening mammogram also includes an
D. "Supplemental breast examination" means a additional radiologic procedure recommended by a
medical examination of the breast, including an ex- provider when the results of an initial radiologic
amination using diagnostic mammography, mag- procedure are not definitive.
netic resonance imaging or ultrasound, to screen
D. "Supplemental breast examination" means a
for breast cancer when there is no abnormality seen medical examination of the breast, including an ex-
or suspected, but, based on personal or family med-
ical history or other additional factors, the individ- amination using diagnostic mammography, mag-
netic resonance imaging or ultrasound, to screen
ual has an increased risk of breast cancer. for breast cancer when there is no abnormality seen
Sec. 8. 24-A MRSA §2837-A, sub-§2-A is en- or suspected, but, based on personal or family med-
acted to read: ical history or other additional factors, the individ-
ual has an increased risk of breast cancer.
2-A. No cost-sharing requirements. A group in-
surance policy may not impose any cost-sharing re- Sec. 12. 24-A MRSA §4237-A, sub-§2-A is
quirements on a screening mammogram, diagnostic enacted to read:
breast examination or supplemental breast examination
performed by a provider in accordance with this section. 2-A. No cost-sharing requirements. All individ-
ual and group coverage subject to this chapter may not
This subsection does not apply to a group policy offered impose any cost-sharing requirements on a screening
for use with a health savings account unless the federal
Internal Revenue Service determines that the require- mammogram, diagnostic breast examination or supple-
mental breast examination performed by a provider in
ments in this subsection are permissible in a high de- accordance with this section. This subsection does not
ductible health plan as defined in the federal Internal
Revenue Code, Section 223(c)(2). apply to individual or group coverage offered for use
with a health savings account unless the federal Internal
Sec. 9. 24-A MRSA §4237-A, as amended by Revenue Service determines that the requirements in
PL 2007, c. 153, §3 and affected by §5, is further this subsection are permissible in a high deductible
amended by amending the section headnote to read: health plan as defined in the federal Internal Revenue
Code, Section 223(c)(2).
§4237-A. Screening Coverage for screening mam-
mograms and diagnostic and supplemental Sec. 13. Application. The requirements of this
breast examinations Act apply to all policies, contracts and certificates exe-
cuted, delivered, issued for delivery, continued or re-
Sec. 10. 24-A MRSA §4237-A, sub-§1, as newed in this State on or after January 1, 2024. For
amended by PL 2007, c. 153, §3 and affected by §5, is
repealed. purposes of this Act, all policies, contracts and certifi-
574
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 339
cates are deemed to be renewed no later than the next funding allows, establish a statewide child psychiatry
yearly anniversary of the contract date. telehealth consultation service known as the Maine Pe-
diatric and Behavioral Health Partnership Program, re-
See title page for effective date.
ferred to in this subsection as "the program," to support
primary care physicians who are treating children and
CHAPTER 339 adolescent patients and need assistance with diagnosis,
care coordination, medication management and any
H.P. 152 - L.D. 231 other necessary behavioral health questions to serve
their patients. The program must include the following:
An Act to Support the Maine
Pediatric and Behavioral A. Oversight by a team consisting of at least one
Health Partnership Program primary care provider and one child and adolescent
psychiatrist serving part-time as medical directors
Emergency preamble. Whereas, acts and re- to provide assistance to primary care physicians
solves of the Legislature do not become effective until with questions regarding behavioral health services
90 days after adjournment unless enacted as emergen- when treating children and adolescents;
cies; and B. Regional community teams that use all of the
Whereas, youth in Maine are experiencing in- State's child and adolescent psychiatric and behav-
creased behavioral and mental health challenges as evi- ioral health resources and disseminate resources
denced by increased rates of depression, suicidal idea- across the State to primary care physicians with
tion and suicide attempts; and child and adolescent patients;
Whereas, the Department of Health and Human C. An advisory board of key stakeholders, ap-
Services, Office of Child and Family Services' 2022 an- pointed by the department. The advisory board
nual report on children's behavioral health services shall meet at least 4 times a year to assist the med-
acknowledged that service availability and accessibility ical directors under paragraph A and continually
are a significant issue; and review and evaluate the need for the program;
Whereas, programs featuring child psychiatry D. Working agreements with other social service
telehealth consultation services for primary care physi- and educational agencies that support primary care
cians support diagnosis, care coordination and medica- physicians; and
tion management and have demonstrated increased ac- E. A system for the appropriate collection and
cess for child and adolescent populations to mental sharing of data as required by the relevant state and
health services; and federal laws, rules and regulations and as deter-
Whereas, the United States Department of Health mined appropriate by the medical directors' team
and Human Services, Health Resources and Services under paragraph A.
Administration funded the establishment of these pro- The department shall seek funding, including public
grams in over 50 states and territories to support child and private grant funds and federal funds, to support the
and adolescent mental health, and Maine's Department program.
of Health and Human Services, along with private part-
ners, developed the Maine Pediatric and Behavioral Sec. 2. Funding; reports. The Department of
Health Partnership Program as the State's child psychi- Health and Human Services shall report to the Joint
atry telehealth consultation service; and Standing Committee on Health and Human Services no
later than January 31, 2024 on the funding sources and
Whereas, this legislation must take effect before financial sustainability of the Maine Pediatric and Be-
the expiration of the 90-day period to timely address the havioral Health Partnership Program established pursu-
expiration of funding for these programs; and ant to the Maine Revised Statutes, Title 34-B, section
Whereas, in the judgment of the Legislature, 15003, subsection 11. The committee is authorized to
these facts create an emergency within the meaning of report out legislation related to the program to the Sec-
the Constitution of Maine and require the following leg- ond Regular Session of the 131st Legislature.
islation as immediately necessary for the preservation Sec. 3. Appropriations and allocations. The
of the public peace, health and safety; now, therefore, following appropriations and allocations are made.
Be it enacted by the People of the State of Maine HEALTH AND HUMAN SERVICES,
as follows: DEPARTMENT OF
Sec. 1. 34-B MRSA §15003, sub-§11 is en- Mental Health Services - Children Z206
acted to read:
Initiative: Provides allocations to establish a statewide
11. Statewide child psychiatry telehealth con- child psychiatry telehealth consultation service to sup-
sultation service. The department shall, to the extent port primary care physicians who are treating children
575
PUBLIC LAW, C. 340 FIRST SPECIAL SESSION - 2023
and adolescent patients and need assistance with diag- Sec. 1. 15 MRSA §815, sub-§1, ¶C, as
nosis, care coordination and medication management or amended by PL 2021, c. 668, §1, is repealed.
other necessary behavioral health questions to serve
their patients.
Sec. 2. 15 MRSA §815, sub-§1, ¶D is enacted
to read:
FEDERAL EXPENDITURES 2023-24 2024-25
FUND D. Either the defendant initiates the communica-
All Other $525,000 $700,000 tion or the communication takes place at a disposi-
__________ __________ tional conference and is required by Rule 18(b) of
FEDERAL EXPENDITURES $525,000 $700,000 the Maine Rules of Unified Criminal Procedure.
FUND TOTAL
Sec. 3. 15 MRSA §815, sub-§2, as amended by
Emergency clause. In view of the emergency PL 2021, c. 668, §1, is further amended to read:
cited in the preamble, this legislation takes effect when 2. Exception. Notwithstanding subsection 1, a
approved. prosecutor may communicate with an unrepresented de-
Effective June 28, 2023. fendant to at any time to:
A. Offer the defendant an opportunity to partici-
CHAPTER 340 pate in an established precharge a diversion pro-
gram or explain steps that the defendant can take,
S.P. 244 - L.D. 576 including obtaining reinstatement of the defen-
dant's driver's license or registration or engaging in
An Act to Facilitate a certain amount and type of community service,
Communication Between Pro the successful completion of which would result in
Se Defendants and Prosecutors the prosecutor not prosecuting the charge or
While Protecting the Rights of charges against the defendant or recommending a
Those Defendants dismissal of or filing of the charge or charges. A
defendant's failure to successfully complete a di-
Emergency preamble. Whereas, acts and re- version program or to successfully undertake any
solves of the Legislature do not become effective until other steps that the prosecutor informed the defen-
90 days after adjournment unless enacted as emergen- dant of under this subsection may not form the ba-
cies; and sis for imposing any term of imprisonment, sus-
Whereas, the enactment of the Maine Revised pended or unsuspended, on that defendant if that
Statutes, Title 15, section 815, which prohibits most defendant is later convicted of the charge or
communication between prosecutors and unrepresented charges that were the subject of the discussion; or
defendants, has contributed to a backlog of criminal B. Notify the defendant that a pending criminal
cases in the judicial system; and matter is being dismissed.;
Whereas, this legislation authorizes prosecutors C. Notify the defendant in writing of a plea offer;
to send written plea offers to unrepresented defendants, or
to inform unrepresented defendants of diversion pro-
grams or steps they can take to avoid pursuit of pending D. Request the defendant's position on a motion to
criminal charges and, after unrepresented defendants continue or a motion to correct a typographical er-
have been informed of their rights by the court, to ne- ror in a document filed with the court.
gotiate with unrepresented defendants when they ap- Emergency clause. In view of the emergency
pear for dispositional conferences and to communicate cited in the preamble, this legislation takes effect when
with unrepresented defendants who initiate such com- approved.
munications; and
Effective June 28, 2023.
Whereas, the intent of authorizing these forms of
communication is to decrease delays in the judicial sys-
tem while continuing to recognize the fundamental na- CHAPTER 341
ture of criminal defendants' right to counsel; and S.P. 34 - L.D. 42
Whereas, in the judgment of the Legislature,
these facts create an emergency within the meaning of An Act Regarding Training for
the Constitution of Maine and require the following leg- Corrections Officers
islation as immediately necessary for the preservation
of the public peace, health and safety; now, therefore, Be it enacted by the People of the State of Maine
as follows:
Be it enacted by the People of the State of Maine
as follows: Sec. 1. 25 MRSA §2801-A, sub-§1-B is en-
acted to read:
576
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 342
1-B. Adult corrections officer. "Adult correc- for whom the board has waived the training require-
tions officer" means a person who is responsible for the ments of this chapter. Certification must be based on the
custody or direct supervision of a person confined in a officer's demonstration of having acquired specific
county or regional jail or state adult correctional facility knowledge and skills directly related to job perfor-
pursuant to an order of a court or as a result of an arrest mance as a corrections officer who is responsible for the
and who possesses a current and valid certificate issued custody or direct supervision of persons confined in a
by the board pursuant to section 2803-A, subsection 5. state juvenile correctional facility.
Sec. 2. 25 MRSA §2801-A, sub-§2, as A corrections officer who is certified and an employee
amended by PL 2013, c. 147, §5, is repealed and the of a state juvenile correctional facility on the date the
following enacted in its place: board establishes a separate basic training course and
2. Corrections officer. "Corrections officer" certification standards for juvenile corrections officers
pursuant to this subsection must be certified as a juve-
means an adult corrections officer or juvenile correc- nile corrections officer pursuant to this subsection;
tions officer.
Sec. 3. 25 MRSA §2801-A, sub-§2-B is en- Sec. 6. 25 MRSA §2804-D, as amended by PL
acted to read: 2017, c. 436, §1, is further amended to read:
2-B. Juvenile corrections officer. "Juvenile cor- §2804-D. Basic corrections training
rections officer" means a person who is responsible for 1. Required. As a condition to the continued em-
the custody or direct supervision of a person confined ployment of any person as a corrections officer, that
in a state juvenile correctional facility pursuant to an or- person must successfully complete, within the first 12
der of a court or as a result of an arrest and who pos- months of employment, a basic training course as ap-
sesses a current and valid certificate issued by the board proved by the board. The board may approve a separate
pursuant to section 2803-A, subsection 5-B. basic training course and certification standards for ju-
Sec. 4. 25 MRSA §2803-A, sub-§5, as venile corrections officers. Thereafter, as a condition of
continued employment as a corrections officer, the of-
amended by PL 2013, c. 147, §8, is further amended to ficer must satisfactorily maintain the basic certification.
read:
The board, under extenuating and emergency circum-
5. Training and certification of adult correc- stances in individual cases, may extend the 12-month
tions officers in State. In accordance with this chapter, period for not more than 180 days. The board, in indi-
to establish training and certification standards for all vidual cases, may waive basic training requirements
adult corrections officers, set requirements for board- when the facts indicate that an equivalent course has
approved courses, prescribe curriculum and certify been successfully completed in another state or federal
graduates of board-approved courses and persons for jurisdiction. A full-time correctional trade instructor
whom the board has waived the training requirements must meet the training requirements established under
of this chapter. Certification must be based on the of- this subsection for corrections officers. Beginning Jan-
ficer's demonstration of having acquired specific uary 1, 2018, the basic training course must include 8
knowledge and skills directly related to job perfor- hours of training in how to identify, understand and re-
mance; as a corrections officer who is responsible for spond to signs of mental illnesses and substance use dis-
the custody or direct supervision of persons confined in order that is provided by a trainer who is certified by a
a county or regional jail or state adult correctional facil- nationally recognized organization that provides evi-
ity. dence-based mental health first aid training.
A corrections officer who is certified and an employee See title page for effective date.
of a county or regional jail or state adult correctional
facility on the date the board establishes a separate basic
training course and certification standards for juvenile CHAPTER 342
corrections officers pursuant to subsection 5-B must be H.P. 154 - L.D. 233
certified as an adult corrections officer pursuant to this
subsection; An Act to Ensure Efficiency in
Sec. 5. 25 MRSA §2803-A, sub-§5-B is en- the Review of Petitions by the
acted to read: Secretary of State by
5-B. Training and certification of juvenile cor- Clarifying Deadlines Related to
rections officers in State. In accordance with this Those Petitions
chapter, to establish training and certification standards Be it enacted by the People of the State of Maine
for all juvenile corrections officers, set requirements for as follows:
board-approved courses, prescribe curriculum and cer-
tify graduates of board-approved courses and persons Sec. 1. 21-A MRSA §905, sub-§1, as amended
by PL 2017, c. 277, §6, is further amended to read:
577
PUBLIC LAW, C. 343 FIRST SPECIAL SESSION - 2023
1. Secretary of State. The Secretary of State shall withheld by the applicant at the time of the process un-
review all petitions filed in the Department of the Sec- der section 335. If, upon review, the commissioner de-
retary of State for a people's veto referendum under the termines that any terms or conditions of the approval
Constitution of Maine, Article IV, Part Third, Section have not been met, the commissioner may take enforce-
17, or for a direct initiative under the Constitution of ment action consistent with subsection 3 and other ap-
Maine, Article IV, Part Third, Section 18. plicable provisions of this Act.
The Secretary of State shall determine the validity of Sec. 2. 22 MRSA §335, sub-§1, ¶D, as
the petition and issue a written decision stating the rea- amended by PL 2011, c. 424, Pt. B, §15 and affected by
sons for the decision within 30 business days from the Pt. E, §1, is further amended to read:
date of filing of a written petition in the Department of
D. Does not result in inappropriate increases in ser-
the Secretary of State under the Constitution of Maine, vice utilization, according to the principles of
Article IV, Part Third, Section 17 or 18, except as pro-
vided in paragraph A. evidence-based medicine adopted by the Maine
Quality Forum, as established in Title 24‑A, sec-
A. In an even-numbered general election year, if a tion 6951, when the principles adopted by the
written petition is filed in the Department of the Maine Quality Forum are directly applicable to the
Secretary of State under the Constitution of Maine, application; and
Article IV, Part Third, Section 17 or 18 within the
30 calendar days preceding the general election or
Sec. 3. 22 MRSA §335, sub-§1, ¶F, as enacted
by PL 2011, c. 424, Pt. B, §15 and affected Pt. E, §1, is
within the 30 calendar days following the general
election, the Secretary of State shall determine the amended to read:
validity of the petition and issue a written decision F. In the case of a nursing facility project that pro-
stating the reasons for the decision within 30 busi- poses to add new nursing facility beds to the inven-
ness days after the 30th calendar day following the tory of nursing facility beds within the State, is con-
general election. sistent with the nursing facility MaineCare funding
pool and other applicable provisions of sections
The Secretary of State may invalidate a petition if the 333‑A and 334‑A.; and
Secretary of State is unable to verify the notarization of
that petition. Sec. 4. 22 MRSA §335, sub-§1, ¶G is enacted
See title page for effective date. to read:
G. In the case of a project requiring a certificate of
need pursuant to section 329, subsection 1 or sec-
CHAPTER 343 tion 329, subsection 4-A, paragraph B, will not
H.P. 168 - L.D. 263 cause a reduction in access to, geographic proxim-
ity of, timeliness of or quality of any family plan-
An Act to Ensure Access to ning services, as defined in section 1902, subsec-
Family Planning Services tion 4, or any abortion services, except that the
commissioner may approve a project that will
Be it enacted by the People of the State of Maine cause such a reduction if the commissioner finds:
as follows:
(1) That the project is economically and finan-
Sec. 1. 22 MRSA §332, sub-§1, as enacted by cially feasible only if an obstetrical care ser-
PL 2007, c. 440, §7, is amended to read: vice is closed or reduced in capacity; and
1. Subsequent review following approval. When (2) After considering all reasonable alterna-
the commissioner has approved an application filed un- tives, that access to other health care services
conditionally or subject to conditions pursuant to sec- will be substantially reduced if the project is
tion 335, subsection 8, the commissioner may conduct not approved.
a subsequent review to ensure compliance with any
terms or conditions of approval within 3 years after the Sec. 5. 22 MRSA §335, sub-§5-A, ¶H, as en-
approved activity is undertaken. The 3-year time limi- acted by PL 2007, c. 440, §18, is amended to read:
tation does not apply to a subsequent review to ensure H. Except with regard to a project related to nurs-
that the requirement set forth in section 335, subsection ing facility services, a written assessment by the
1, paragraph G continues to be met. In this any subse- Director of the Maine Center for Disease Control
quent review, the commissioner may hold a public hear- and Prevention of the impact of the project on the
ing and may consider any material or significant health of Maine citizens persons living in the State,
changes in factors or circumstances relied upon by the including without limitation an assessment of the
commissioner in approving the application and signifi- impact of the project on access to, geographic prox-
cant and relevant information that either is new or was imity of, timeliness of and quality of any family
578
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 344
planning services, as defined in section 1902, sub- F. Standards for the reimbursement of expenses in-
section 4, and any abortion services; and curred by assigned counsel and, contract counsel
and public defenders, including attendance at train-
Sec. 6. 22 MRSA §336, sub-§3, as amended by ing events provided by the commission; and
PL 2011, c. 648, §12, is further amended by enacting at
the end a new blocked paragraph to read: G. Other standards considered necessary and ap-
propriate to ensure the delivery of adequate indi-
The commissioner may not find that a project primarily gent legal services.
involves day-to-day operation of the facility in its cur-
rent form if the commissioner finds that the project Sec. 2. 4 MRSA §1804, sub-§3, ¶A, as
would result in a reduction of access to, geographic amended by PL 2021, c. 481, §1, is further amended to
proximity of, timeliness of or quality of any family read:
planning services, as defined in section 1902, subsec-
A. Develop and maintain a system that may em-
tion 4, or any abortion services unless the commissioner ploy attorneys, use employs public defenders, uses
determines that the exceptions described in section 335,
subsection 1, paragraph G are met. appointed private attorneys and contract contracts
with individual attorneys or groups of attorneys.
See title page for effective date. The commission shall consider other programs
necessary to provide quality and efficient indigent
legal services;
CHAPTER 344
Sec. 3. 4 MRSA §1804, sub-§3, ¶F, as enacted
S.P. 236 - L.D. 565 by PL 2009, c. 419, §2, is amended to read:
An Act to Improve Maine's F. Establish rates of compensation for assigned
System for Protecting Sixth counsel and contract counsel;
Amendment Rights Sec. 4. 4 MRSA §1804, sub-§3, ¶G, as en-
acted by PL 2009, c. 419, §2, is amended to read:
Be it enacted by the People of the State of Maine
as follows: G. Establish a method for accurately tracking and,
monitoring and enforcing case loads of load stan-
Sec. 1. 4 MRSA §1804, sub-§2, as amended by dards for assigned counsel and, contract counsel
PL 2021, c. 720, §1, is further amended to read: and public defenders;
2. Standards Rulemaking. The commission shall Sec. 5. 4 MRSA §1804, sub-§3, ¶H, as
develop standards adopt rules governing the delivery of amended by PL 2017, c. 284, Pt. UUUU, §4, is further
indigent legal services, including by assigned counsel, amended by amending subparagraph (1) to read:
contract counsel and public defenders. The rules
adopted by the commission must include: (1) An evaluation of: contracts; services pro-
vided by contract counsel and, assigned coun-
A. Standards governing eligibility for indigent le- sel and public defenders; any contracted pro-
gal services. The eligibility standards must take fessional services; and cost containment
into account the possibility of a defendant's or civil measures; and
party's ability to make periodic installment pay-
ments toward counsel fees and the cost of private Sec. 6. 4 MRSA §1806, sub-§4 is enacted to
legal services in the relevant geographic area; read:
B. Standards prescribing minimum experience, 4. Rules of professional conduct. Nothing in this
training and other qualifications for contract coun- section prohibits the executive director or the executive
sel and, assigned counsel and public defenders; director's designee from reporting potential profes-
sional misconduct under the Maine Rules of Profes-
C. Standards for assigned counsel and, contract sional Conduct to the Board of Overseers of the Bar or
counsel and public defender case loads; from disclosing information and records related to po-
D. Standards for the evaluation of assigned coun- tential professional misconduct to the board.
sel and, contract counsel and public defenders. The Sec. 7. 30-A MRSA §1662, sub-§3, as enacted
commission shall review the standards developed by PL 2017, c. 214, §2, is amended to read:
pursuant to this paragraph at least every 5 years, or
earlier upon the earlier recommendation of the ex- 3. Pretrial detention. Beginning November 1,
ecutive director; 2017, a A county jail or regional jail shall report twice
per month to the Unified Criminal Docket in the judicial
E. Standards for independent, quality high-quality region in which the jail is located and to the Maine
and efficient representation of clients whose cases Commission on Indigent Legal Services on the pretrial
present conflicts of interest;
579
PUBLIC LAW, C. 345 FIRST SPECIAL SESSION - 2023
detention population in the jail. The jail shall report on health care services in that state or for a resident of that
the form provided by the Unified Criminal Docket. state.
See title page for effective date. See title page for effective date.
580
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 349
CHAPTER 347 this Title to the contrary, if the 2nd opinion is obtained
from an out-of-network provider because a network
H.P. 582 - L.D. 935 provider is not available in accordance with section
4303, subsection 1 and Bureau of Insurance Rule Chap-
An Act to Remove Barriers to ter 850: Health Plan Accountability, a carrier may not
Abortion Coverage in Private apply a deductible, coinsurance or copayment for the
Insurance 2nd opinion in an amount greater than the deductible,
Be it enacted by the People of the State of Maine coinsurance or copayment that would apply to the same
as follows: health care service if the service were obtained from a
network provider, and the amount of any coinsurance or
Sec. 1. 24-A MRSA §4320-M, sub-§2, as en- copayment must be applied to the enrollee's in-network
acted by PL 2019, c. 274, §5, is amended to read: deductible.
2. Limits; deductible; copayment; coinsurance. Sec. 2. Application. The requirements of this
A health plan that provides coverage for the services re- Act apply to all policies, contracts and certificates exe-
quired by this section may contain provisions for maxi- cuted, delivered, issued for delivery, continued or re-
mum benefits and coinsurance and reasonable limita- newed in this State on or after January 1, 2024. For pur-
tions, deductibles and exclusions to the extent that these poses of this Act, all policies, contracts and certificates
provisions are not inconsistent with the requirements of are deemed to be renewed no later than the next yearly
this section. anniversary of the contract date.
Sec. 2. 24-A MRSA §4320-M, sub-§2-A is See title page for effective date.
enacted to read:
2-A. Cost sharing prohibited. Notwithstanding CHAPTER 349
subsection 2, a health plan with an effective date on or
after January 1, 2024 may not impose any deductible, H.P. 718 - L.D. 1132
copayment, coinsurance or other cost-sharing require-
ment for the costs of abortion services. This subsection An Act Regarding the
does not apply to a health plan offered for use with a Provision of Liquor at Taste-
health savings account unless the federal Internal Rev- testing Events Held at an Off-
enue Service determines that the requirements in this premises Retail Licensee's
subsection are permissible in a high deductible health Premises
plan as defined in the federal Internal Revenue Code,
Section 223(c)(2). Be it enacted by the People of the State of Maine
as follows:
Sec. 3. Application. The requirements of this Act
apply to all policies, contracts and certificates executed, Sec. 1. 28-A MRSA §460, sub-§2, ¶M-1, as
delivered, issued for delivery, continued or renewed in amended by PL 2019, c. 404, §6, is repealed.
this State on or after January 1, 2024. For purposes of Sec. 2. 28-A MRSA §460, sub-§2, ¶M-2 is
this Act, all contracts are deemed to be renewed no later enacted to read:
than the next yearly anniversary of the contract date.
M-2. Spirits served at a taste-testing event must be:
See title page for effective date.
(1) Provided by the agency liquor store;
CHAPTER 348 (2) Purchased, at the retail price, by a licensed
sales representative participating in the taste-
H.P. 630 - L.D. 995 testing event from existing stock available for
purchase at the agency liquor store; or
An Act to Enhance Access to a
Second Opinion for Health (3) Provided by a licensed sales representative
participating in the taste-testing event or a spir-
Care Services or Treatment its supplier, including those licensed under
Be it enacted by the People of the State of Maine section 1355-A, participating in the taste-
as follows: testing event and purchased in the State at the
retail price. A record of the transaction under
Sec. 1. 24-A MRSA §4303, sub-§25 is enacted this subparagraph must be maintained and
to read: made available to the bureau. After the taste-
25. Second opinion. An enrollee in a health plan testing event is concluded, the licensed sales
may not be required to obtain a 2nd opinion from a pro- representative or spirits supplier shall remove
vider that practices in the same office location as the all products supplied for the taste-testing event
enrollee's provider. Notwithstanding any provision of from the licensee's premises.
581
PUBLIC LAW, C. 350 FIRST SPECIAL SESSION - 2023
Sec. 3. 28-A MRSA §1205, sub-§2, ¶K, as products being offered for tasting during the event un-
amended by PL 2019, c. 79, §2, is repealed. less the sales representative was listed on a request sub-
mitted to the bureau by a licensee to conduct a taste test-
Sec. 4. 28-A MRSA §1205, sub-§2, ¶K-1 is ing in accordance with section 460; section 1051, sub-
enacted to read:
section 8; section 1205; or section 1207. A sales repre-
K-1. Wine served at a taste-testing event must be: sentative who pours or distributes products to consum-
(1) Purchased by the retail licensee from a ers at a tasting event under section 460; section 1051,
subsection 8; section 1205; or section 1207 must have
wholesale licensee; successfully completed an alcohol server education
(2) Purchased, at the retail price, by a licensed course approved by the commissioner. A sales repre-
sales representative participating in the taste- sentative may purchase spirits or provide liquor for a
testing event from existing stock available for consumer tasting event in compliance with section 460,
purchase at the retail licensee's premises; or section 1205 or section 1207 if the sales representative
has successfully completed an alcohol server education
(3) Provided by a licensed sales representative course approved by the commissioner.
participating in the taste-testing event or by a
manufacturer licensed under section 1355-A See title page for effective date.
participating in the taste-testing event and pur-
chased in the State at the retail price. A record
of a transaction under this subparagraph must CHAPTER 350
be maintained and made available to the bu- H.P. 799 - L.D. 1251
reau. After the taste-testing event is concluded,
the licensed sales representative or manufac- An Act to Clarify Immunity
turer shall remove all products supplied for the from Liability for
taste-testing event from the licensee's prem-
ises; Municipalities Engaged in
Recycling Activities
Sec. 5. 28-A MRSA §1207, sub-§2, ¶K, as
amended by PL 2019, c. 79, §3, is repealed. Be it enacted by the People of the State of Maine
as follows:
Sec. 6. 28-A MRSA §1207, sub-§2, ¶K-1 is
enacted to read: Sec. 1. 14 MRSA §159-B, sub-§1, ¶B, as en-
acted by PL 1991, c. 487, §1, is amended to read:
K-1. Malt liquor served at a taste-testing event
must be: B. "Recycling activities" means collection or sep-
aration or both of materials on the property of a mu-
(1) Purchased by the retail licensee from a nicipality or in containers:
wholesale licensee;
(1) Owned by a municipality or regional asso-
(2) Purchased, at the retail price, by a licensed ciation as defined in Title 38, section 1303‑C,
sales representative participating in the taste- subsection 24; and
testing event from existing stock available for
purchase at the retail licensee's premises; or (2) Located on the premises of the owner, les-
see or occupant under an agreement between
(3) Provided by a licensed sales representative the municipality or regional association and
participating in the taste-testing event or by a the owner, lessee or occupant of the premises.
manufacturer licensed under section 1355-A
participating in the taste-testing event and pur- Sec. 2. 14 MRSA §159-B, sub-§4-A is enacted
chased in the State at the retail price. A record to read:
of a transaction under this subparagraph must 4-A. Municipal immunity. Except as provided in
be maintained and made available to the bu- subsection 4, a municipality performing recycling ac-
reau. After the taste-testing event is concluded, tivities in accordance with this subsection is performing
the licensed sales representative or manufac- a discretionary function pursuant to section 8104-B,
turer shall remove all products supplied for the subsection 3 and is immune from liability for personal
taste-testing event from the licensee's prem- injury, property damage or death, including of a mem-
ises. ber of the public, caused by recycling activities of the
Sec. 7. 28-A MRSA §1505, sub-§4, as re- municipality on property owned by the municipality or
pealed and replaced by PL 2015, c. 329, Pt. D, §3 and on the premises of another person. A municipality is
affected by §4, is amended to read: immune from liability under this subsection only if the
municipality has adopted and regularly enforces a writ-
4. Pour, provide or distribute. A sales repre- ten policy establishing reasonable safety standards ap-
sentative participating in a tasting event pursuant to this plicable to the premises where the municipality per-
section may not pour or distribute to consumers the
582
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 352
forms recycling activities. A written policy adopted un- 2. Recoverable damages. Notwithstanding sec-
der this subsection must be developed by a credentialed tion 158, the amount of any insurance coverage speci-
industrial hygienist and must comply with United States fied in any policy issued to a charitable organization
Department of Labor, Occupational Safety and Health does not limit the amount of damages recoverable for
Administration requirements. As used in this subsec- any torts described in subsection 3.
tion, "credentialed industrial hygienist" means an indus-
3. Immunity not available for sexual assault or
trial hygienist certified by a national association of in- sexual exploitation of a minor. Notwithstanding any
dustrial hygiene professionals.
provision of law to the contrary, a charitable organiza-
See title page for effective date. tion is not immune from liability for any tort alleging
negligent hiring, supervision or retention of an em-
ployee, agent or servant that arises out of sexual assault
CHAPTER 351 or sexual exploitation of a minor.
S.P. 530 - L.D. 1312 4. Immunity not available for intentional torts.
A charitable organization is not immune from liability
An Act to Limit the Immunity for intentional torts.
of Charitable Organizations
Sec. 3. Application. Notwithstanding the Maine
Be it enacted by the People of the State of Maine Revised Statutes, Title 1, section 302, this Act applies
as follows: to any civil action or proceeding that is pending as of
Sec. 1. 14 MRSA §158, as enacted by PL 1965, the effective date of this Act and applies retroactively to
c. 513, §28, is amended to read: any tort described in Title 14, section 158-C that oc-
curred prior to the effective date of this Act.
§158. Damages for tortious conduct of charitable
corporations organizations See title page for effective date.
A charitable organization shall be is considered to
have waived its immunity from liability for negligence CHAPTER 352
or any other tort during the period a policy of insurance H.P. 857 - L.D. 1343
is effective covering the liability of the charitable or-
ganization for negligence or any other tort. Each policy An Act to Protect the
issued to a charitable organization shall must contain a Reproductive Freedom of
provision to the effect that the insurer shall be is es-
topped from asserting, as a defense to any claim covered Maine People by Preempting
by said the policy, that such the organization is immune the Field of Abortion
from liability on the ground that it is a charitable organ- Regulation
ization. The Except as provided in section 158-C, sub- Be it enacted by the People of the State of Maine
section 2, the amount of damages in any such case shall as follows:
may not exceed the limits of coverage specified in the
policy, and the courts shall abate any verdict in any such Sec. 1. 22 MRSA §1598, sub-§1-A is enacted
action to the extent that it exceeds such policy limit the to read:
limits. 1-A. Preemption. The State intends to occupy and
Sec. 2. 14 MRSA §158-C is enacted to read: preempt the entire field of legislation concerning the
regulation of a person's decision to terminate a preg-
§158-C. Limitation on immunity of charitable or- nancy and legislation concerning the provision of abor-
ganizations tion. No political subdivision of the State, including,
1. Definitions. As used in this section, unless the but not limited to, municipalities, counties, townships,
context otherwise indicates, the following terms have plantations and village corporations, may adopt any or-
the following meanings. der, ordinance, rule or regulation concerning the regu-
lation of a person's decision to terminate a pregnancy or
A. "Charitable organization" has the same mean- concerning the provision of abortion.
ing as in section 158-B, subsection 3.
See title page for effective date.
B. "Minor" means an individual who has not at-
tained 18 years of age.
C. "Sexual assault or sexual exploitation of a mi-
nor" means any crime described in Title 17-A,
chapters 11 or 12 against a minor.
583
PUBLIC LAW, C. 353 FIRST SPECIAL SESSION - 2023
584
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 354
develop procedures for long-term contracts for trans- application for renewal. The board may prescribe by
mission and distribution utilities under this section hav- rule the content and types of continuing education ac-
ing the same legal and financial effect as the procedures tivities that meet the requirements of this section.
used for standard-offer service pursuant to section 3212 Sec. 5. 32 MRSA §18374, sub-§1, ¶A, as
for transmission and distribution utilities.
amended by PL 2021, c. 223, §12, is further amended
Sec. 9. 35-A MRSA §3624, sub-§7, as enacted to read:
by PL 2021, c. 604, §3, is amended to read:
A. Administer local anesthesia or nitrous oxide an-
7. Contract payments. Contracts for capacity and algesia, as long as the dental hygienist or faculty
related energy entered into pursuant to this section must dental hygienist has authority to administer the rel-
provide that payments will be made only after con- evant medication pursuant to section 18345, sub-
tracted amounts of energy have been provided. section 2, paragraph D or E.
See title page for effective date. Sec. 6. 32 MRSA §18374, sub-§1-A is enacted
to read:
CHAPTER 354 1-A. Scope of practice; general supervision. Un-
der the general supervision of a dentist, a dental hygien-
H.P. 1026 - L.D. 1581 ist and faculty dental hygienist may administer local an-
esthesia, as long as the dental hygienist or faculty dental
An Act Regarding Dental hygienist has authority to administer the medication
Hygienists and Dental pursuant to section 18345, subsection 2, paragraph D.
Therapists Sec. 7. 32 MRSA §18374, sub-§2, as amended
Be it enacted by the People of the State of Maine by PL 2021, c. 223, §12, is further amended to read:
as follows: 2. Scope of practice; general supervision. A
Sec. 1. 32 MRSA §18302, sub-§6-A is enacted dental hygienist and faculty dental hygienist may per-
to read: form under the general supervision of a dentist all of the
activities that may be delegated to an unlicensed person
6-A. Dental hygiene diagnosis. "Dental hygiene pursuant to section 18371, subsection 3. A dental hy-
diagnosis" means the identification of an existing oral gienist and faculty dental hygienist may also perform
health problem that a dental hygienist is qualified and the following procedures under the general supervision
licensed to treat. of a dentist:
Sec. 2. 32 MRSA §18341, sub-§4 is enacted to A. Prescribe, dispense or administer anticavity
read: toothpastes or topical gels with 1.1% or less so-
4. Basic life support. An applicant seeking an in- dium fluoride and oral rinses with 0.05%, 0.2%,
itial or a renewed license must include evidence of basic 0.44% or 0.5% sodium fluoride, as well as chlor-
life support certification. hexidine gluconate oral rinse;
Sec. 3. 32 MRSA §18345, sub-§2, ¶F, as A-1. Prescribe, dispense or administer fluoride, sil-
amended by PL 2021, c. 44, §4, is further amended by ver diamine fluoride, antimicrobial solutions for
amending subparagraph (2) to read: mouth rinsing, topical anesthetics, other nonsys-
temic antimicrobial agents, desensitizing agents
(2) A copy of the written agreement between and resorbable antimicrobial agents;
the applicant and a dentist who will provide
levels of direct supervision consistent with the C. Apply desensitizing agents to teeth;
scope of practice for the procedures outlined in D. Apply fluoride to control caries;
section 18377 and, subsection 1, paragraph A
and general supervision for the procedures F. Apply sealants;
outlined in section 18377, subsection 1, para- J. Expose and process radiographs;
graph B in conformity with rules adopted by
the board. S. Perform all procedures necessary for a complete
prophylaxis, including but not limited to scaling
Sec. 4. 32 MRSA §18350, as enacted by PL and root planing and periodontal maintenance;
2015, c. 429, §21, is amended to read:
U. Perform complete periodontal and dental restor-
§18350. Continuing education ative charting;
As a condition of renewal of a license to practice, X. Perform oral inspections, recording all condi-
an applicant must have a current cardiopulmonary re- tions that should be called to the attention of the
suscitation basic life support certification and complete dentist;
continuing education during the licensing cycle prior to
585
PUBLIC LAW, C. 354 FIRST SPECIAL SESSION - 2023
GG. Place localized delivery of chemotherapeutic P. Expose and process radiographs, including but
agents when treatment is planned by the dentist; not limited to vertical and horizontal bitewing
films, periapical films, panoramic images and full-
JJ. Place temporary restorations as an emergency
procedure, as long as the patient is informed of the mouth series, under protocols developed by the
board as long as the independent practice dental hy-
temporary nature of the restoration in compliance gienist has a written agreement with a licensed den-
with the protocol adopted by the board; and
tist that provides that the dentist is available to in-
TT. Smooth and polish amalgam restorations.; terpret all dental radiographs within 21 days from
the date the radiograph is taken and that the dentist
ZZ. Perform dental hygiene assessment, dental hy-
giene diagnosis and dental hygiene treatment plan- will sign a radiographic review and findings form;
and
ning and implementation in the identification, pre-
vention and management of oral disease; and Q. Prescribe, dispense or administer anticavity
toothpastes or topical gels with 1.1% or less so-
AAA. Obtain impressions for and deliver athletic
mouth guards and custom fluoride trays. dium fluoride and oral rinses with 0.05%, 0.2%,
0.44% or 0.5% sodium fluoride, as well as chlor-
Sec. 8. 32 MRSA §18375, sub-§1, as amended hexidine gluconate oral rinse. For the purposes of
by PL 2017, c. 388, §§20 and 21, is further amended to this paragraph, "topical" includes superficial and
read: intraoral application. fluoride, silver diamine fluo-
ride, antimicrobial solutions for mouth rinsing, top-
1. Scope of practice. An independent practice
dental hygienist may perform only the following duties ical anesthetics, other nonsystemic antimicrobial
agents, desensitizing agents and resorbable antimi-
without supervision by a dentist: crobial agents; and
A. Interview patients and record complete medical R. Perform dental hygiene assessment, dental hy-
and dental histories;
giene diagnosis and dental hygiene treatment plan-
B. Take and record the vital signs of blood pres- ning and implementation in the identification, pre-
sure, pulse and temperature; vention and management of oral disease.
C. Perform oral inspections, recording all condi- Sec. 9. 32 MRSA §18376, sub-§1, as amended
tions that should be called to the attention of a den- by PL 2017, c. 388, §§22 and 23, is further amended to
tist; read:
D. Perform complete periodontal and dental restor- 1. Scope of practice. A public health dental hy-
ative charting; gienist may perform the following procedures in a pub-
E. Perform all procedures necessary for a complete lic health setting under a supervision agreement with a
dentist that outlines the roles and responsibilities of the
prophylaxis, including but not limited to scaling collaboration:
and root planing and periodontal maintenance;
A. Prescribe, dispense or administer anticavity
F. Apply fluoride to control caries;
toothpastes or topical gels with 1.1% or less so-
G. Apply desensitizing agents to teeth; dium fluoride and oral rinses with 0.05%, 0.2%,
0.44% or 0.5% sodium fluoride, as well as chlor-
H. Apply topical anesthetics;
hexidine gluconate oral rinse fluoride, silver dia-
I. Apply sealants; mine fluoride, antimicrobial solutions for mouth
rinsing, topical anesthetics, other nonsystemic an-
J. Smooth and polish amalgam restorations, lim-
ited to slow-speed application only; timicrobial agents, desensitizing agents and resorb-
able antimicrobial agents;
L. Obtain impressions for and deliver athletic
B. Apply cavity varnish;
mouth guards and custom fluoride trays;
C. Apply desensitizing agents to teeth;
M. Place and remove rubber dams;
D. Apply fluoride to control caries;
N. Place temporary restorations in compliance
with the protocol adopted by the board; E. Apply liquids, pastes or gel topical anesthetics;
O. Apply topical antimicrobials, including fluoride F. Apply sealants;
but excluding antibiotics, for the purposes of bac-
G. Apply topical antimicrobials, including fluoride
terial reduction, caries control and desensitization but excluding antibiotics, for the purposes of bac-
in the oral cavity. The independent practice dental
hygienist shall follow current manufacturer's in- terial reduction, caries control and desensitization
in the oral cavity. The public health dental hygien-
structions in the use of these medicaments; ist shall follow current manufacturer’s instructions
in the use of these medicaments. For the purposes
586
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 354
of this paragraph, "topical" includes superficial and DD. Take and record the vital signs of blood pres-
intramuscular application; sure, pulse and temperature;
I. Expose and process radiographs upon written EE. Take dental plaque smears for microscopic in-
standing prescription orders from a dentist who is spection and patient education;
available to interpret all dental radiographs within FF. Obtain impressions for and deliver athletic
21 days and who will complete and sign a radio-
graphic review and findings form; mouth guards and custom fluoride trays; and
587
PUBLIC LAW, C. 355 FIRST SPECIAL SESSION - 2023
B. A dental therapist may practice only under the 5. Commission approval of a proposed trans-
direct general supervision of a dentist through a mission line; nontransmission nonwires alternatives.
written practice agreement signed by both parties. The commission may approve or disapprove all or por-
A written practice agreement is a signed document tions of a proposed transmission line and shall make
that outlines the functions that the dental therapist such orders regarding its character, size, installation and
is authorized to perform, which may not exceed the maintenance and regarding nontransmission nonwires
scopes of practice specified in subsections 1 and 2. alternatives to the proposed transmission line as are
A dental therapist may practice only under the necessary, having regard for any increased costs caused
standing order of the supervising dentist, may pro- by the orders. In its review and consideration of non-
vide only care that follows written protocols and transmission nonwires alternatives, as required by sub-
may provide only services that the dental therapist section 2‑D, the commission shall give preference to the
is authorized to provide by the written practice nontransmission nonwires alternatives that have been
agreement. identified as able to address the identified need for the
proposed transmission line most cost-effectively.
See title page for effective date. When the cost-effectiveness of the identified nontrans-
mission nonwires alternatives are reasonably equal, the
CHAPTER 355 commission shall give preference to the alternatives that
produce the lowest amount of local air emissions, in-
S.P. 762 - L.D. 1887 cluding greenhouse gas emissions.
An Act to Clarify the Review Sec. 5. 35-A MRSA §3132, sub-§6, as
and Procurement Process for amended by PL 2019, c. 298, §11, is further amended
to read:
Nonwires Alternatives
6. Commission order; certificate of public con-
Be it enacted by the People of the State of Maine venience and necessity. In its order, the commission
as follows: shall make specific findings with regard to the public
Sec. 1. 35-A MRSA §3131, sub-§4-B, as en- need for the proposed transmission line. The commis-
acted by PL 2013, c. 369, Pt. C, §1, is repealed. sion shall make specific findings with regard to the like-
lihood that nontransmission nonwires alternatives can
Sec. 2. 35-A MRSA §3131, sub-§4-C, as en- sufficiently address the identified public need over the
acted by PL 2019, c. 298, §5, is amended to read: effective life of the transmission line more cost-
4-C. Nonwires alternative. "Nonwires alterna- effectively. If the commission finds that a public need
tive" means a nontransmission alternative or an infra- exists, after considering whether the need can be relia-
structure, technology or application that either individ- bly and more cost-effectively met using nontransmis-
ually or collectively defers or reduces the need for cap- sion nonwires alternatives, it shall issue a certificate of
ital investment in the transmission and or distribution public convenience and necessity for the transmission
system and addresses system reliability needs proposed line. In determining public need, the commission shall,
to be met by the transmission or distribution system in- at a minimum, take into account economics, reliability,
vestment. "Nonwires alternative" includes but is not public health and safety, scenic, historic and recrea-
limited to energy efficiency and conservation measures, tional values, state renewable energy generation goals,
energy storage, load management, demand response the proximity of the proposed transmission line to in-
and distributed generation. habited dwellings and nontransmission nonwires alter-
natives to construction of the transmission line, includ-
Sec. 3. 35-A MRSA §3132, sub-§2-D, as ing energy conservation, distributed generation or load
amended by PL 2019, c. 298, §7, is further amended to management. If the commission orders or allows the
read: erection of the transmission line, the order is subject to
2-D. Nontransmission Nonwires alternatives in- all other provisions of law and the right of any other
vestigation; consideration. In considering whether to agency to approve the transmission line. The commis-
approve or disapprove all or portions of a proposed sion shall, as necessary and in accordance with subsec-
transmission line and associated infrastructure pursuant tions 7 and 8, consider the findings of the Department
to subsection 5, the commission shall, for a transmis- of Environmental Protection under Title 38, chapter 3,
sion line proposed by an investor-owned transmission subchapter 1, article 6, with respect to the proposed
and distribution utility, consider the results and recom- transmission line and any modifications ordered by the
mendations of an investigation by the nonwires alterna- Department of Environmental Protection to lessen the
tive coordinator conducted in accordance with section impact of the proposed transmission line on the envi-
3132‑C. ronment. A person may submit a petition for and obtain
approval of a proposed transmission line under this sec-
Sec. 4. 35-A MRSA §3132, sub-§5, as tion before applying for approval under municipal ordi-
amended by PL 2019, c. 298, §10, is further amended nances adopted pursuant to Title 30‑A, Part 2, Subpart
to read:
588
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 355
6‑A; and Title 38, section 438‑A and, except as pro- project or subtransmission project pursuant to subsec-
vided in subsection 4, before identifying a specific route tion 2, the commission shall, for a transmission project
or route options for the proposed transmission line. Ex- or subtransmission project proposed by an investor-
cept as provided in subsection 4, the commission may owned transmission and distribution utility, consider
not consider the petition insufficient for failure to pro- the results and recommendations of an investigation by
vide identification of a route or route options for the the nonwires alternative coordinator conducted in ac-
proposed transmission line. The issuance of a certifi- cordance with section 3132‑C.
cate of public convenience and necessity establishes
that, as of the date of issuance of the certificate, the de- 2. Commission approval of a proposed trans-
mission project or subtransmission project; non-
cision by the person to erect or construct was prudent. transmission nonwires alternatives. In order for a
At the time of its issuance of a certificate of public con-
venience and necessity, the commission shall send to transmission project or subtransmission project to be
approved, the commission must consider whether the
each municipality through which a proposed corridor or identified need over the effective life of the proposed
corridors for a transmission line extends a separate no-
tice that the issuance of the certificate does not override, transmission project or subtransmission project can be
reliably and more cost-effectively met using nontrans-
supersede or otherwise affect municipal authority to mission nonwires alternatives. In its review and consid-
regulate the siting of the proposed transmission line.
The commission may deny a certificate of public con- eration of nontransmission nonwires alternatives, as re-
quired by subsection 1‑A, the commission shall give
venience and necessity for a transmission line upon a preference to nontransmission nonwires alternatives
finding that the transmission line is reasonably likely to
adversely affect any transmission and distribution util- that have been identified as able to address the identi-
fied need for the proposed transmission project or sub-
ity or its customers. transmission project most cost-effectively. When the
Sec. 6. 35-A MRSA §3132, sub-§15, as en- cost-effectiveness of the identified nontransmission
acted by PL 2013, c. 369, Pt. C, §7, is amended to read: nonwires alternatives are reasonably equal, the commis-
sion shall give preference to the alternatives that pro-
15. Advancement of nontransmission nonwires
alternatives policies. The commission shall advocate duce the lowest amount of local air emissions, including
greenhouse gas emissions.
in all relevant venues for the pursuit of least-cost solu-
tions to bulk power system needs on a total cost basis 3. Exception. A transmission project or subtrans-
and for all available resources, including nontransmis- mission project that is constructed, owned and operated
sion nonwires alternatives, to be treated comparably in by a generator of electricity solely for the purpose of
transmission analysis, planning and access to funding. electrically and physically interconnecting the genera-
tor to the transmission system of a transmission and dis-
Sec. 7. 35-A MRSA §3132-A, as amended by tribution utility is not subject to this section.
PL 2019, c. 298, §12, is further amended to read:
§3132-A. Construction of transmission or subtrans- Sec. 8. 35-A MRSA §3132-B, first ¶, as en-
acted by PL 2019, c. 298, §13, is amended to read:
mission projects prohibited without ap-
proval of the commission For the purposes of this section, "small transmis-
sion project" means any proposed new or upgraded
A person may not construct any transmission
project or subtransmission project without approval transmission line and, substation component or associ-
ated infrastructure capable of operating at less than 69
from the commission. For the purposes of this section, kilovolts and projected to cost $5,000,000 or less. For
"transmission project" means any proposed new or up-
graded transmission line and its associated substation the purposes of this section, a "distribution project"
means any proposed new or upgraded distribution line,
infrastructure that is capable of operating at less than 69 substation component or associated infrastructure capa-
kilovolts or more. "Subtransmission project" means
any proposed new or upgraded transmission line, sub- ble of operating at less than 34 kilovolts.
station component or associated infrastructure that is Sec. 9. 35-A MRSA §3132-B, sub-§4, as en-
capable of operating at less than 69 kilovolts and acted by PL 2019, c. 298, §13, is amended to read:
projected to cost in excess of $5,000,000.
4. Nonwires alternatives recommendations.
1. Submission requirement. A person that pro- Based on the investigation under subsection 2, the non-
poses to undertake in the State a transmission project or wires alternative coordinator shall make recommenda-
subtransmission project must provide the commission tions to the investor-owned transmission and distribu-
with a description of the need for the proposed trans- tion utility regarding nonwires alternatives to proposed
mission project or subtransmission project. small transmission projects and distribution projects.
The nonwires alternative coordinator and the utility
1-A. Nonwires alternatives investigation; con- shall attempt to reach a good faith agreement regarding
sideration. In considering whether to approve or dis-
approve all or portions of a proposed transmission the adoption of nonwires alternatives that are most cost-
589
PUBLIC LAW, C. 356 FIRST SPECIAL SESSION - 2023
effective. If agreement is reached, the utility shall pur- Sec. 13. 35-A MRSA §3132-D, first ¶, as en-
sue the agreed-upon nonwires alternatives. If there is no acted by PL 2019, c. 298, §15, is amended to read:
agreement, the utility shall or the Office of the Public
When the commission determines a nonwires alter-
Advocate may petition the commission to resolve the native is appropriate under section 3132, 3132‑A or
dispute.
3132‑B or an investor-owned transmission and distribu-
Sec. 10. 35-A MRSA §3132-B, sub-§5, as en- tion utility agrees voluntarily to a nonwires alternative
acted by PL 2019, c. 298, §13, is amended to read: under section 3132‑B, the utility shall procure the non-
5. Dispute resolution. In responding to a petition wires alternative must be prudently procured in accor-
dance with this section.
by an investor-owned transmission and distribution util-
ity or the Office of the Public Advocate pursuant to sub- Sec. 14. 35-A MRSA §3132-D, sub-§2, as en-
section 4, the commission shall review the planning acted by PL 2019, c. 298, §15, is amended to read:
study prepared under subsection 1 and the recommen- 2. Grid-side alternatives. For a nonwires alterna-
dations of the nonwires alternative coordinator under
subsection 4. In resolving the dispute, the commission tive on the grid side of the meter, the commission shall
determine an entity, which may include but is not lim-
shall give preference to nonwires alternatives that are ited to the investor-owned transmission and distribution
identified as able to address the identified need for the
proposed small transmission project or distribution utility or a 3rd party, to deliver the nonwires alternative
and shall make orders as necessary; except, when a util-
project and are most cost-effective. Of the identified ity voluntarily agrees to a nonwires alternative on the
nonwires alternatives, the commission shall give pref-
erence to the lowest-cost nonwires alternatives. When grid side of the meter under section 3132‑B, the utility
shall determine the entity to deliver the nonwires alter-
the costs to ratepayers in this State of the identified non- native.
wires alternatives are reasonably equal, the commission
shall give preference to the nonwires alternatives that See title page for effective date.
produce the lowest amount of local air emissions, in-
cluding greenhouse gas emissions.
CHAPTER 356
Sec. 11. 35-A MRSA §3132-C, sub-§1, as en-
acted by PL 2019, c. 298, §14, is amended to read: H.P. 1221 - L.D. 1906
1. Investigation required. The nonwires alterna- An Act to Enable
tive coordinator shall conduct an investigation of and Confirmatory Adoption
make recommendations regarding nonwires alterna-
tives to a wires project under section 3132, 3132‑A or Be it enacted by the People of the State of Maine
3132‑B in accordance with this section. The investiga- as follows:
tion must be conducted in coordination with the Effi- Sec. 1. 18-C MRSA §9-316 is enacted to read:
ciency Maine Trust. For the purposes of this section,
"wires project" means a transmission line and associ- §9-316. Confirmatory adoptions
ated infrastructure subject to the requirements of section 1. Definitions. As used in this section, unless the
3132, a transmission project or subtransmission project context otherwise indicates, the following terms have
as defined in section 3132‑A or a small transmission the following meanings.
project or distribution project covered by section
3132‑B. A. "Assisted reproduction" has the same meaning
as in Title 19-A, section 1832, subsection 3.
Sec. 12. 35-A MRSA §3132-C, sub-§3, as en-
acted by PL 2019, c. 298, §14, is amended to read: B. "Confirmatory adoption" means an adoption
proceeding governed by this section through which
3. Data. An investor-owned transmission and dis- a child born as a result of assisted reproduction may
tribution utility shall provide data requested by the Pub- be adopted by an individual who is a parent or pre-
lic Advocate or the Efficiency Maine Trust, subject to sumed parent of that child.
enforcement by the commission, to allow the nonwires
alternative coordinator, in conjunction with the trust, to C. "Donor" has the same meaning as in Title 19-A,
carry out investigation and analysis under this section. section 1832, subsection 5.
The trust shall use utility ratepayer usage data to iden- D. "Marriage" means the legally recognized union
tify cost-effective nonwires alternatives on the cus- of 2 people or any legal relationship that provides
tomer side of the meter. An investor-owned transmis- substantially the same rights, benefits and respon-
sion and distribution utility may request a protective or- sibilities as marriage and is recognized as valid in
der if necessary to protect the confidentiality of cus- the state or jurisdiction in which it was entered.
tomer data or critical energy infrastructure information
provided under this section in accordance with section E. "Parentage" has the same meaning as in Title
1311‑A. 19-A, section 1832, subsection 14.
590
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 356
F. "Presumed parent" has the same meaning as in adoption by the adoptee, if the adoptee is 12
Title 19-A, section 1832, subsection 16. years of age or older; and
2. Petitioner or joint petitioners. Notwithstand- (2) The confidentiality provisions of section
ing any provision of law to the contrary, a petition for a 9-308, subsection 3 and section 9-310.
confirmatory adoption of a child born as a result of as- B. Notwithstanding any provision of law to the
sisted reproduction may be filed:
contrary, for purposes of evaluating a petition for
A. By a single petitioner who gave birth to the confirmatory adoption, unless required by federal
child; or law or ordered by the court for good cause demon-
B. Jointly by a petitioner who gave birth to the strated in written findings by the court, the court
may not require:
child and a petitioner who is a parent or presumed
parent of the child. (1) A hearing, unless requested by a petitioner;
3. Petition contents. Notwithstanding sections (2) A home study, screening for child abuse
9-301 and 9-303 or any other provision of law to the cases or other investigation of a petitioner by
contrary, a petition for confirmatory adoption must be the department or any other agency;
signed by the single petitioner under oath or by each of
the joint petitioners under oath and must include the fol- (3) A federal or state criminal history record
check of any person;
lowing:
(4) Verification that the child is not registered
A. A copy of the child's birth certificate; with a registry for missing children;
B. An explanation of the circumstances of the (5) Appointment of a guardian ad litem;
child's birth through assisted reproduction;
(6) An interview of the adoptee; or
C. An attestation that each petitioner consented to
the child's birth through assisted reproduction; (7) A minimum period of time during which
D. An attestation that, other than the claim of the the child must have lived in the home of a pe-
titioner or the petitioners before the petition is
single petitioner or the claims of the joint petition- granted.
ers, no competing claims of parentage exist;
7. Final decree. Notwithstanding section 9-308
E. If the petition is filed jointly, a copy of the joint
petitioners' marriage certificate, if any; and and any other provision of law to the contrary, the court
shall grant a petition for confirmatory adoption if it
F. A filing fee of $65. finds:
4. Notice to and consent of donor not required. A. For a single petitioner, that the petitioner is the
Notwithstanding section 9-302, any provision of Part 2 individual who gave birth to the child, the child was
or any other provision of law to the contrary, if a peti- born through assisted reproduction and there are no
tioner under this section conceived through assisted re- competing claims of parentage; or
production using a donor who is not a parent pursuant B. For joint petitioners, either:
to Title 19-A, section 1922, the court may not require
notice of the confirmatory adoption to that donor or the (1) That the child was born through assisted
consent of that donor to the confirmatory adoption. reproduction, one of the petitioners gave birth
to the child and, at the time of the child's birth,
5. No other consent of petitioner required. Not- was married to the other petitioner and there
withstanding section 9-302, any provision of Part 2 or
any other provision of law to the contrary, submission are no competing claims of parentage; or
of a complete petition under subsection 3 constitutes (2) That the child was born through assisted
notice of and written consent to the confirmatory adop- reproduction with the consent of both petition-
tion by the single petitioner or joint petitioners, and the ers, one of the petitioners gave birth to the
court may not require any additional notice to or con- child, the other petitioner is a parent or pre-
sent by any petitioner. sumed parent of the child and there are no
competing claims of parentage.
6. Procedures. Except as specified in this section,
the requirements and procedures for adoption proceed- The court may not deny a petition solely on the grounds
ings in this Article do not apply to a confirmatory adop- that the single petitioner's or the joint petitioners' par-
tion proceeding. entage is already presumed or legally recognized.
A. The following procedures apply to a confirma- 8. Timing of decision. The court shall issue an or-
tory adoption proceeding: der under this section within 60 days of receipt of a pe-
(1) The requirement in section 9-302, subsec- tition that complies with subsection 3.
tion 1, paragraph A for written consent to the
591
PUBLIC LAW, C. 357 FIRST SPECIAL SESSION - 2023
9. Appeal. Appeals from a decision to deny a con- Emergency preamble. Whereas, acts and re-
firmatory adoption are governed by section 9-309. solves of the Legislature do not become effective until
90 days after adjournment unless enacted as emergen-
10. Effect on other laws. When adjudicating
competing claims of parentage of a child or determining cies; and
the best interest of a child in a circumstance in which Whereas, the United States Supreme Court has
parentage is presumed or legally recognized, a court ruled in Tyler v. Hennepin County, 598 U.S. ___ (2023)
may not consider as evidence information that a party that a Minnesota local government sale of property that
did not petition for confirmatory adoption under this was acquired by the local government by foreclosure
section. for failure of the owner to pay property taxes without
returning to the former owner the surplus proceeds re-
See title page for effective date.
ceived by the government entity in excess of the amount
owed by the former owner violated the takings clause
CHAPTER 357 of the Fifth Amendment to the United States Constitu-
tion stating that "private property [shall not] be taken
S.P. 750 - L.D. 1849 for public use, without just compensation"; and
An Act to Ensure Fair and Whereas, statutes in this State governing the fore-
Timely Payment in the closure and sale of property for failure to pay property
Harvesting of Forest Products taxes are substantially similar to the laws of Minnesota
and are in jeopardy of being found unconstitutional by
Be it enacted by the People of the State of Maine the United States Supreme Court; and
as follows: Whereas, the possibility of multiple legal chal-
Sec. 1. 10 MRSA c. 235 is enacted to read: lenges to the State's statutes regarding sale of property
following foreclosure presents the possibility of signif-
CHAPTER 235 icant disruption to municipal foreclosure sales, munici-
PAYMENT FOR HARVESTING WOOD pal expenditures resulting from challenges to foreclo-
sure sale laws, uncertainty of title to properties sold for
§1500-Q. Payment for harvesting wood foreclosure pursuant to current laws, inconsistencies in
An entity that contracts with a person to harvest municipal responses to the United States Supreme
wood and place the wood roadside so that the entity is Court decision and general disruption of the foreclosure
able to have the wood hauled away for use or processing process; and
must pay the person within 30 days of the person's ful- Whereas, amendment of the State's foreclosure
filling the contract and placing the wood roadside. The statutes needs to take effect as soon as possible to avoid
Department of Agriculture, Conservation and Forestry the significant negative effects of delay in ensuring that
or a person licensed to scale wood pursuant to section the state laws are within the bounds of the United States
2365-A under contract with the department shall con- Constitution; and
duct random inspections to ensure that entities are com-
plying with the requirements of this section. Whereas, in the judgment of the Legislature,
these facts create an emergency within the meaning of
See title page for effective date. the Constitution of Maine and require the following leg-
islation as immediately necessary for the preservation
CHAPTER 358 of the public peace, health and safety; now, therefore,
H.P. 69 - L.D. 101 Be it enacted by the People of the State of Maine
as follows:
An Act to Return to the Sec. 1. 36 MRSA §943-C, as amended by PL
Former Owner Any Excess 2019, c. 401, Pt. A, §10, is further amended to read:
Funds Remaining After the §943-C. Sale of homesteads formerly owned by per-
Sale of Foreclosed Property sons 65 years of age or older foreclosed
Mandate preamble. This measure requires one properties
or more local units of government to expand or modify Notwithstanding any provision of law to the con-
activities so as to necessitate additional expenditures trary, after the foreclosure process under sections 942
from local revenues but does not provide funding for at and 943 or sections 1281 and 1282 is completed and the
least 90% of those expenditures. Pursuant to the Con- right of redemption has expired, if a municipality
stitution of Maine, Article IX, Section 21, 2/3 of all of chooses to sell to someone other than the immediate for-
the members elected to each House have determined it mer owner or owners property that immediately prior to
necessary to enact this measure. foreclosure received a property tax exemption as a
homestead under subchapter 4‑B, the municipal officers
592
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 358
or their designee shall notify the immediate former nications relating to the application and the determina-
owner or owners of the right to require the municipality tion on the application are confidential records. Hear-
to use the sale process under subsection 3 as long as the ings and proceedings held pursuant to this subsection
immediate former owner or owners demonstrate that the must be held in executive session.
property meets the requirements of subsection 1. For the
purpose of this section, "former owner" means the 2. Notification; appeal. At least 90 days prior to
listing property described in subsection 1 for sale, the
owner or owners of record at the time of foreclosure or, municipal officers or their designee shall notify send a
if deceased, the former owner's heirs, devisees or per-
sonal representatives. The notice must be sent by United written notice to the last known address of the former
owner or owners, by United States Postal Service certi-
States Postal Service certified mail, return receipt re- fied mail, return receipt requested, and first-class mail,
quested, and first-class mail to the last known address
of the immediate former owner or owners. If the mu- of the former owner's or owners' right to require the sale
process described in subsection 3. The municipal offic-
nicipality agrees to sell the property back to the imme- ers or their designee shall include with the notice an ap-
diate former owner or owners, the alternative sale pro-
cess under this section does not apply. If the sale to the plication form with instructions concerning application
procedures and submission of information necessary for
immediate former owner or owners is not completed, the municipality to determine whether the former owner
the requirements of this section are reinstated.
or owners meet the conditions required under subsec-
1. Subject property. Property is subject to the re- tion 1. The former owner or owners must be allowed at
quirements of this section if: least 30 days from the date the notice is mailed to sub-
A. Immediately prior to foreclosure the property mit the required application form and information. The
municipal officers or their designee, within 30 days af-
was owned by at least one person who, on the date ter receiving the required form and information, shall
the tax lien certificate was recorded, was 65 years
of age or older and occupied the property as a notify the former owner or owners whether the former
owner or owners have been determined to be eligible
homestead as defined in section 681, subsection 2; for the sale process described in subsection 3 and in-
and
form the former owner or owners of the right to appeal
B. The former owner or owners of the property pursuant to the Maine Rules of Civil Procedure, Rule
demonstrate to the municipal officers or their 80B. The State Tax Assessor shall prepare application
designee that: forms, notices and instructions that must be used by mu-
nicipalities to inform former owners of their right to ap-
(1) The income, as defined in section ply for the sale process provided under subsection 3.
5219‑KK, subsection 1, paragraph D, of the
former owner or owners of the property was 3. Sale process requirements. If a municipality
less than $40,000, after medical expenses have determines that the former owner or owners meet the
been deducted, for the calendar year immedi- conditions specified under subsection 1 the former
ately preceding the calendar year in which the owner submits a written demand within 90 days after
right of redemption expired; and the notification in subsection 2 that the sale process of
this subsection be used, the municipal officers or their
(2) The value of liquid assets of the former designee shall:
owner or owners of the property is less than
$50,000 in the case of a single individual or A. List the property for sale with a real estate bro-
$75,000 in the case of 2 or more individuals. ker licensed under Title 32, chapter 114 who does
For the purposes of this paragraph, "liquid as- not hold an elected or appointed office in the mu-
sets" means something of value available to an nicipality and is not employed by the municipality;
individual that can be converted to cash in 3 B. Sell the property at fair market value via quit-
months or less and includes bank accounts,
certificates of deposit, money market or mu- claim deed to the successful buyer at the highest
price at which the property is able to sell, or the
tual funds, life insurance policies, stocks and price at which the property is anticipated by the real
bonds, lump-sum payments and inheritances
and funds from a home equity conversion estate broker to sell within 6 months after listing;
and
mortgage that are in the individual's posses-
sion whether they are in cash or have been con- C. Pay to the former owner or owners any proceeds
verted to another form. from the sale sale proceeds in excess of:
The former owner or owners must provide docu- (1) The sum of all taxes owed on the property;
mentation verifying the former owner's or owners' (2) Property taxes that would have been as-
income and liquid assets.
sessed on the property during the period fol-
All applications or information submitted in support of lowing foreclosure when the property is
an application under this subsection, files and commu- owned by the municipality;
593
PUBLIC LAW, C. 358 FIRST SPECIAL SESSION - 2023
(3) All accrued interest; 1. Membership. The State Tax Assessor shall ap-
point the members of the working group from among
(4) Fees, including property listing and real those who are interested in property tax lien foreclosure
estate broker's fees; and
and which must include at least the following:
(5) Any other expenses incurred by the mu-
nicipality in selling or maintaining the prop- A. A representative of the Office of the Attorney
General;
erty, including, but not limited to, an adminis-
trative fee equal to 10% of the property taxes B. One member from an organization representing
owed and reasonable attorney's fees.; municipal tax assessors;
(6) The cost to the municipality of the lien and C. One member from a statewide organization that
foreclosure process, including, but not limited represents the interests of municipalities;
to, reasonable attorney's fees; and
D. One member representing the Maine Associa-
(7) Unpaid sewer, water or other utility tion of Realtors;
charges and fees imposed by the municipality.
E. One member representing a statewide organiza-
If the municipal officers are unable to list or sell the tion that represents commercial bankers;
property under the requirements of paragraphs A and B, F. One member representing a statewide organiza-
or if the property tax payer does not request that the
property be sold according to the sale process in this tion that represents attorneys working in the field
of property title law;
subsection, the municipal officers may sell the property
in any manner authorized by the municipality's legisla- G. One member representing property title insur-
tive body, if the municipal officers pay the former ance agents; and
owner any excess sale proceeds as calculated in para- H. One member representing an organization of le-
graph C.
gal services providers that specializes in serving
4. Effect of inability to contract or sell property. clients who are 65 years of age or older or who have
If, after attempting to contract with at least 3 real estate low income.
brokers who meet the requirements of subsection 3, par- 2. Chair. The State Tax Assessor, or the
agraph A, a municipality is unable to contract with a
real estate broker for the sale of the property as de- assessor’s designee, shall serve as the chair of the work-
ing group.
scribed in subsection 3 or the broker cannot sell the
property within 6 months after listing, the municipality 3. Appointments; convening of working group.
may retain, sell or dispose of the property in the same All appointments must be made no later than 30 days
manner as other property acquired through the tax lien following the effective date of this Act.
foreclosure process.
4. Duties. The working group shall study issues
5. Property in the unorganized territory. With associated with the process of foreclosure on property
regard to the sale of property acquired by the State for failure of the owner to pay property taxes, including,
through tax lien foreclosure in the unorganized terri- but not limited to:
tory, the State Tax Assessor has the obligations of a mu-
nicipality under this section. A. The recent decision of the United States Su-
preme Court regarding municipal retention of ex-
6. Quitclaim deed and waiver of former owner. cess revenue retained by a government entity from
As a condition of disbursement of excess sale proceeds the sale of property acquired by the government en-
to the former owner under subsection 3, paragraph C, tity following foreclosure for failure of the former
the municipal officers may require the former owner to owner to pay property taxes;
execute a quitclaim deed without covenant conveying B. The constitutional requirements of due process
any interest of the former owner in the property to the
municipality and to deliver that deed before conveyance and the takings clause and their impact on the prop-
erty tax lien foreclosure process, including notice
by the municipality to the buyer. Receipt of such excess requirements to delinquent taxpayers and related
sale proceeds by the former owner is deemed to be a
waiver of any right of the former owner to commence entities that hold liens or mortgages to the property
to which the foreclosure is being applied and con-
any action pursuant to section 946-B. ditions under which a government entity is or
Sec. 2. Working group established. The De- should be entitled to retain excess funds acquired
partment of Administrative and Financial Services, through sale of property that has been acquired by
Maine Revenue Services shall establish a Working foreclosure;
Group to Study Equity in the Property Tax Foreclosure C. The role of the Maine Redevelopment Land
Process, referred to in this section as "the working
group." Bank Authority, mortgage holders and other
594
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 359
lienholders and the rights of each in the tax lien Whereas, in the judgment of the Legislature,
foreclosure process; these facts create an emergency within the meaning of
the Constitution of Maine and require the following leg-
D. Whether the tax lien foreclosure process is or
should be the same for both residential property islation as immediately necessary for the preservation
of the public peace, health and safety; now, therefore,
and commercial property or whether differences
are necessary or desirable; Be it enacted by the People of the State of Maine
E. The rights of former owners, commercial lend-
as follows:
ers or lienholders and government entities when Sec. 1. 18-C MRSA §5-213 is enacted to read:
property has been acquired for nonpayment of §5-213. Indian Child Welfare Act of 1978 and
property tax and the government entity does not in-
tend to sell the property; and Maine Indian Child Welfare Act
F. Whether a redemption period following foreclo- The federal Indian Child Welfare Act of 1978, 25
United States Code, Section 1901 et seq. and the Maine
sure is necessary when the former owner has the Indian Child Welfare Act govern all proceedings under
right to reacquire the property, the statute of limi-
tations on a former owner’s ability to reacquire this Article that pertain to an Indian child as defined in
those Acts.
property or bring action to recover excess funds ob-
tained by a government entity through foreclosure Sec. 2. 18-C MRSA §9-107, as enacted by PL
sale and the extent of the rights of subsequent pur- 2017, c. 402, Pt. A, §2 and affected by Pt. F, §1 and
chasers. affected by PL 2019, c. 417, Pt. B, §14, is amended to
read:
5. Staff assistance. The State Tax Assessor shall
provide necessary staffing services to the working §9-107. Indian Child Welfare Act of 1978 and
group. Maine Indian Child Welfare Act
6. Provision of information to working group. The federal Indian Child Welfare Act of 1978, 25
The Department of Administrative and Financial Ser- United States Code, Title 25, Section 1901 et seq. gov-
vices, Maine Revenue Services shall provide to the erns and the Maine Indian Child Welfare Act govern all
working group information, consistent with the re- proceedings under this Article that pertain to an Indian
strictions set forth in the Maine Revised Statutes, Title child as defined in that Act those Acts.
36, section 191, that is requested by the working group.
Sec. 3. 19-A MRSA §1658, sub-§2-A, ¶F, as
7. Report. No later than January 15, 2024, the enacted by PL 2021, c. 340, §2, is amended to read:
working group shall submit a report that includes its
F. The federal Indian Child Welfare Act of 1978,
findings and recommendations, including suggested 25 United States Code, Title 25, Section 1901 et
legislation, for presentation to the Second Regular Ses-
sion of the 131st Legislature. The Joint Standing Com- seq., governs and the Maine Indian Child Welfare
Act govern all proceedings under this section that
mittee on Taxation may report out legislation related to pertain to an Indian child as defined in that Act
the report to the Second Regular Session.
those Acts.
Emergency clause. In view of the emergency Sec. 4. 19-A MRSA §1734, sub-§1, as enacted
cited in the preamble, this legislation takes effect when
by PL 1999, c. 486, §3 and affected by §6, is amended
approved. to read:
Effective June 30, 2023. 1. Proceedings governed by federal Indian
Child Welfare Act of 1978 or Maine Indian Child
CHAPTER 359 Welfare Act. A child custody proceeding that pertains
to an Indian child as defined in the federal Indian Child
S.P. 804 - L.D. 1970 Welfare Act of 1978, 25 United States Code, Section
1901 et seq., or the Maine Indian Child Welfare Act is
An Act to Enact the Maine not subject to this chapter to the extent that it is gov-
Indian Child Welfare Act erned by the Indian Child Welfare either Act.
Emergency preamble. Whereas, acts and re- Sec. 5. 22 MRSA c. 1066 is enacted to read:
solves of the Legislature do not become effective until
90 days after adjournment unless enacted as emergen- CHAPTER 1066
cies; and MAINE INDIAN CHILD WELFARE ACT
Whereas, this legislation provides essential pro- §3941. Short title
tections for Indian children in protective custody and
guardianship actions; and This Act may be known and cited as "the Maine
Indian Child Welfare Act."
595
PUBLIC LAW, C. 359 FIRST SPECIAL SESSION - 2023
§3942. Legislative finding and declaration of policy B. Identifying appropriate services and helping the
parents to overcome barriers, including actively as-
1. Finding. The Legislature finds and declares that sisting the parents in obtaining such services;
membership or citizenship in an Indian tribe, as well as
eligibility for membership or citizenship in an Indian C. Identifying, notifying and inviting representa-
tribe, as determined by each Indian tribe is a political tives of the Indian child's tribe to participate in
classification. providing support and services to the Indian child's
family and in family team meetings, permanency
2. Declaration of policy. The purpose of the
Maine Indian Child Welfare Act is recognition by the planning and resolution of placement issues;
State that Indian tribes have a continuing and compel- D. Conducting or causing to be conducted a dili-
ling governmental interest in an Indian child whether or gent search for the Indian child's extended family
not the Indian child is in the physical or legal custody members and contacting and consulting with ex-
of an Indian parent, an Indian custodian or an Indian tended family members to provide family structure
extended family member at the commencement of an and support for the Indian child and the Indian
Indian child custody proceeding or the Indian child has child's parents;
resided or is domiciled on an Indian reservation. The E. Offering and implementing all available and cul-
State is committed to protecting the essential tribal re-
lations and best interests of an Indian child by promot- turally appropriate family preservation strategies
and facilitating the use of remedial and rehabilita-
ing practices in accordance with all laws designed to tive services provided by the Indian child's tribe;
prevent the Indian child's voluntary or involuntary out-
of-home placement and, whenever such placement is F. Taking steps to keep siblings together whenever
necessary or ordered, by placing the Indian child, when- possible;
ever possible, in a placement that reflects the unique
values of the Indian child's tribal culture and that is best G. Supporting regular visits with parents or Indian
custodians in the most natural setting possible as
able to assist the Indian child in establishing, develop- well as trial home visits of the Indian child during
ing and maintaining a political, cultural and social rela-
tionship with the Indian child's tribe and tribal commu- any period of removal, consistent with the need to
ensure the health, safety and welfare of the child;
nity. It is the policy of the State to cooperate fully with
Indian tribes and tribal members and citizens in this H. Identifying community resources including
State and elsewhere in order to ensure that the intent and housing, financial, transportation, mental health,
provisions of this Act are enforced. substance abuse and peer support services and ac-
tively assisting the Indian child's parents or, when
§3943. Definitions appropriate, the child's family, in utilizing and ac-
As used in this Act, unless the context otherwise cessing those resources;
indicates, the following terms have the following mean-
ings. I. Monitoring progress and participation in ser-
vices;
1. Active efforts. "Active efforts" means affirma-
J. Considering alternative ways to address the
tive, active, thorough and timely efforts tailored to the needs of the Indian child's parents and, when ap-
facts and circumstances of the case and intended pri-
marily to maintain or reunite an Indian child with that propriate, the family, if the optimum services do
not exist or are not available; and
child's family. When an agency is involved in the In-
dian child custody proceeding, active efforts must in- K. Providing post-reunification services and moni-
clude assisting the parent or parents or Indian custodian toring.
through the steps of a case plan and with accessing or 2. Adoptive placement. "Adoptive placement"
developing the resources necessary to satisfy the case
plan. To the maximum extent possible, active efforts means the permanent placement of an Indian child for
adoption, including any action resulting in a final decree
should be provided in a manner consistent with the pre- of adoption.
vailing social and cultural conditions and way of life of
the Indian child's tribe and should be conducted in part- 3. Domicile. "Domicile" means:
nership with the Indian child and the Indian child's par- A. For a parent or Indian custodian, the place at
ents, extended family members, Indian custodians and
tribe. Active efforts may include: which a person has been physically present and that
the person regards as home; a person's true, fixed,
A. Conducting a comprehensive assessment of the principal and permanent home, to which that per-
circumstances of the Indian child's family, with a son intends to return and remain indefinitely even
focus on safe reunification as the most desirable though the person may be currently residing else-
goal; where; and
B. For an Indian child, the domicile of the Indian
child's parents or Indian custodian or guardian or,
596
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 359
in the case of an Indian child whose parents are not D. Termination of parental rights.
married to each other, the domicile of the Indian
child's custodial parent. An Indian child custody proceeding does not include a
proceeding in tribal court or a proceeding that may cul-
4. Emergency proceeding. "Emergency proceed- minate in an outcome for which placement is based
ing" means a court action that involves the emergency upon an act by an Indian child that, if committed by an
removal or emergency placement of an Indian child, in- adult, would be considered a crime or a proceeding in-
cluding those pursuant to section 4034 or Title 18-C, volving an award of custody to one of the Indian child's
Article 5. "Emergency proceeding" does not include a parents, including, but not limited to, a divorce proceed-
court action involving an emergency award of custody ing, a parental rights and responsibilities proceeding, a
of the Indian child to one of the parents including, but judicial separation proceeding, a protection from abuse
not limited to, an emergency parental rights and respon- proceeding or other domestic relations proceeding.
sibilities order or a protection from abuse proceeding.
10. Indian child's tribe. "Indian child's tribe"
5. Extended family member. "Extended family means the Indian tribe in which an Indian child is a
member" means a person who is defined as a member member or citizen, or eligible for membership or citi-
of an Indian child's extended family by the law or cus- zenship. In cases in which a child meets the definition
tom of the Indian child's tribe or, in the absence of such of "Indian child" through more than one Indian tribe,
law or custom, a person who has reached 18 years of the Indian tribes must be given an opportunity to agree
age and who is the Indian child's grandparent, aunt or on which tribe is the Indian tribe for purposes of this
uncle, sibling, sibling-in-law, niece or nephew, first or Act. If the Indian tribes are not able to come to an
second cousin or stepparent. agreement, the court shall designate the Indian child's
6. Foster care placement. "Foster care place- tribe for purposes of this Act based on which Indian
tribe has more significant contacts with the Indian child.
ment" means the removal of an Indian child from the
home of the child's parent or Indian custodian for tem- 11. Indian custodian. "Indian custodian" means
porary placement in a foster home, qualified residential an Indian person who has legal custody of an Indian
treatment program, residential care center for Indian child under tribal law or custom or under state law or to
children and youth, or shelter care facility, in the home whom temporary physical care, custody and control has
of a relative other than a parent or Indian custodian, or been transferred by the parent of the Indian child.
in the home of a guardian or conservator, from which 12. Indian organization. "Indian organization"
placement the parent or Indian custodian cannot have
the child returned upon demand. "Foster care place- means a group, association, partnership, corporation or
other legal entity owned or controlled by Indians, or a
ment" does not include an adoptive placement, a prea- majority of whose members are Indians.
doptive placement, an emergency removal or the deten-
tion of an Indian child. 13. Indian tribe. "Indian tribe" means an Indian
7. Indian. "Indian" means a person who is a mem- tribe, band, nation or other organized group or commu-
nity of Indians recognized as eligible for the services
ber or citizen of an Indian tribe, or who is an Alaska provided to Indians by the United States Secretary of
Native and a member of a Regional Corporation as de-
fined in 43 United States Code, Section 1606. Only an the Interior because of their status as Indians, including
an Alaska Native village as defined in 43 United States
Indian tribe may determine its membership or citizen- Code, Section 1602(c).
ship, including eligibility for membership or citizen-
ship. 14. Involuntary Indian child custody proceed-
8. Indian child. "Indian child" means an unmar- ing. "Involuntary Indian child custody proceeding"
means an Indian child custody proceeding or emer-
ried person who is under 18 years of age and is a mem- gency proceeding in which:
ber or citizen of an Indian tribe or is eligible for mem-
bership in or citizenship of an Indian tribe and is the A. The parent or Indian custodian does not consent
biological child of a member or citizen of an Indian of that parent's or Indian custodian's free will to the
tribe. foster care placement, preadoptive placement,
adoptive placement or termination of parental
9. Indian child custody proceeding. "Indian
child custody proceeding" means a proceeding, other rights of or to an Indian child; or
than an emergency proceeding, that may culminate in B. The parent or Indian custodian consents to the
any of the following outcomes for or related to an Indian foster care placement, preadoptive placement or
child: adoptive placement under threat of removal of the
A. Adoptive placement; Indian child by a state court or agency.
597
PUBLIC LAW, C. 359 FIRST SPECIAL SESSION - 2023
unwed father when paternity has not been acknowl- court is sent all information regarding the proceeding,
edged or established. including but not limited to the pleadings and any court
record.
16. Preadoptive placement. "Preadoptive place-
ment" means the temporary placement of an Indian 2. Transfer of proceedings; declination by tribal
child in a foster home or institution after the termination court. In any proceeding for the foster care placement
of parental rights, but before or in lieu of adoptive of, or termination of parental rights to, an Indian child
placement. who is not domiciled or residing within the reservation
17. Qualified expert witness. "Qualified expert of the Indian child's tribe, the District Court or Probate
Court shall, upon the petition of the Indian child's par-
witness" means a person who meets the requirements of ent, Indian custodian or tribe, promptly notify the tribal
section 3954.
court of the transfer petition and transfer the proceeding
18. Reservation. "Reservation" means Indian to the jurisdiction of the Indian child's tribe unless any
country, as defined in 18 United States Code, Section of the following applies:
1151, or any land not covered under that section to A. A parent of the Indian child objects to the trans-
which title is either held by the United States in trust for
the benefit of an Indian tribe or Indian or held by an fer;
Indian tribe or Indian, subject to a restriction by the B. The Indian child's tribe does not have a tribal
United States against alienation. court, or the tribal court of the Indian child's tribe
declines jurisdiction; or
19. Termination of parental rights. "Termina-
tion of parental rights" means an action resulting in the C. The court determines that good cause exists to
termination of the parent-child relationship. deny the transfer. The party opposing transfer has
the burden to show good cause by clear and con-
20. Tribal court. "Tribal court" means a court of vincing evidence. The good cause determination
an Indian tribe with jurisdiction over Indian child cus-
tody proceedings, including a federal court of Indian of- must be based on which court is best positioned to
adjudicate the proceeding, not on the potential out-
fenses, a court established and operated under the code come of the proceeding. In determining whether
or custom of an Indian tribe or any other administrative
body of an Indian tribe that is vested with authority over good cause exists, the court may not consider:
Indian child custody proceedings. (1) Whether the foster care placement or ter-
mination of parental rights proceeding is at an
21. Voluntary proceeding. "Voluntary proceed- advanced stage if the Indian child's parent, In-
ing" means an Indian child custody proceeding or emer-
gency proceeding in which a parent or Indian custodian dian custodian or tribe did not receive notice
of the child custody proceeding until an ad-
consents, of that person's free will and without the threat vanced stage;
of removal by a state agency, to:
(2) Whether there have been prior proceedings
A. The foster care placement, preadoptive place-
ment or adoptive placement of an Indian child; or involving the Indian child for which no peti-
tion to transfer was filed;
B. The termination of parental rights to an Indian
(3) Whether transfer could affect the place-
child. ment of the Indian child;
§3944. Jurisdiction over Indian child custody pro- (4) The Indian child's cultural connections
ceedings
with the tribe or its reservation; or
1. Exclusive jurisdiction. An Indian tribe has ju-
risdiction exclusive as to the courts of the State over any (5) Socioeconomic conditions or any negative
perception of tribal or United States Depart-
Indian child custody proceeding or emergency proceed- ment of the Interior, Bureau of Indian Affairs
ing held in this State involving an Indian child who re-
sides or is domiciled within the reservation of that In- social services or judicial systems.
dian tribe, except when the jurisdiction is otherwise 3. Intervention. An Indian child's Indian custo-
vested in this State by federal law. When an Indian dian or tribe may intervene in any proceeding for the
child is a ward of a tribal court, the Indian tribe retains foster care placement of, or termination of parental
exclusive jurisdiction, notwithstanding the residence or rights to, an Indian child at any point in the proceeding.
domicile of the child. Except as provided in section
3953, any Indian child custody proceeding or emer- 4. Full faith and credit. The State shall give full
faith and credit to the public acts, records and judicial
gency proceeding in District Court or Probate Court that proceedings of any Indian tribe that are applicable to an
is within the exclusive jurisdiction of an Indian tribe
must be dismissed. The court shall expeditiously notify Indian child custody proceeding to the same extent that
the State gives full faith and credit to the public acts,
the tribal court of the pending dismissal based on the records and judicial proceedings of any other govern-
tribe's exclusive jurisdiction and ensure that the tribal
mental entity.
598
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 359
599
PUBLIC LAW, C. 359 FIRST SPECIAL SESSION - 2023
600
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 359
C. The presence of a sibling attachment that can be 1. Petition; best interests of Indian child. Not-
maintained only through a particular placement; withstanding any provision of law to the contrary,
whenever a final decree of adoption of an Indian child
D. The extraordinary physical, mental or emo-
tional needs of the Indian child, such as specialized has been vacated or set aside or the adoptive parents
voluntarily consent to the termination of their parental
treatment services that may be unavailable in the rights to the Indian child, a biological parent or prior
community where families who meet the place-
ment preferences live; or Indian custodian may petition for return of custody and
the court shall grant the petition unless there is a show-
E. The unavailability of a suitable placement after ing, in a proceeding subject to the provisions of section
a determination by the court that a diligent search 3945, that the return of custody is not in the best inter-
was conducted to find suitable placements meeting ests of the Indian child.
the preference criteria, but none has been located.
2. Removal from foster care placement; proce-
For purposes of a determination under this para- dure. Whenever an Indian child is removed from a fos-
graph, the standards for determining whether a
placement is unavailable must conform to the pre- ter care home or institution for the purpose of further
foster care placement or preadoptive or adoptive place-
vailing social and cultural standards of the Indian ment, the placement must be in accordance with the pro-
community in which the Indian child's parent or ex-
tended family resides or with which the Indian visions of this chapter, except for a case in which an
Indian child is being returned to the parent or Indian
child's parent or extended family members main- custodian from whose custody the Indian child was
tain social and cultural ties.
originally removed.
A placement may not depart from the preferences under
this section based on the socioeconomic status of any §3950. Disclosure of tribal affiliation information
placement relative to another placement. A placement Upon application by an individual who has reached
may not depart from the preferences based solely on or- 18 years of age and who was an Indian child and the
dinary bonding or attachment that developed from time subject of an adoptive placement, the District Court or
spent in a nonpreferred placement that was made in vi- Probate Court that entered the final decree shall inform
olation of this Act. the individual of the tribal affiliation, if any, of the in-
dividual's biological parents and provide any other in-
4. Tribal resolution for different order of pref-
erence; personal preference considered; anonymity formation necessary to protect any rights of the individ-
ual arising from the individual's tribal relationship.
in application of preferences. In the case of a place-
ment under subsection 1 or 2, if the Indian child's tribe §3951. Improper removal of Indian child from cus-
establishes a different order of preference by resolution, tody; declination of jurisdiction; forthwith
the agency or court effecting the placement shall follow return of Indian child; danger exception
that order as long as the placement is the least restrictive
setting appropriate to the particular needs of the Indian When a petitioner in an Indian child custody pro-
ceeding before a state court has improperly removed the
child, as provided in subsection 2. When appropriate, Indian child from custody of the parent or Indian custo-
the preference of the Indian child or parent must be con-
sidered. When a consenting parent evidences a desire dian or has improperly retained custody after a visit or
other temporary relinquishment of custody, the court
for anonymity, the court or agency must give weight to shall decline jurisdiction over the petition and shall
such desire in applying the preferences.
forthwith return the Indian child to the child's parent or
5. Social and cultural standards applicable. The Indian custodian unless returning the Indian child to the
standards to be applied in meeting the preference re- child's parent or Indian custodian would subject the In-
quirements of this section must be the prevailing social dian child to a substantial and immediate danger or
and cultural standards of the Indian community in threat of such danger.
which the parent or extended family resides or with
§3952. Higher state or federal standard applicable to
which the parent or extended family members maintain protect rights of parent or Indian custodian
social and cultural ties.
of Indian child; interpretive guidance
6. Record of placement; availability. A record of
each placement under this section of an Indian child In any case in which state or federal law applicable
to an Indian child custody proceeding under state or fed-
must be maintained by the State, including evidence of eral law provides a higher standard of protection to the
the efforts made to comply with the order of preference
specified in this section. The record must be made avail- rights of the parent or Indian custodian of an Indian
child than the rights provided under this chapter, the
able at any time upon the request of the United States state or federal court shall apply the higher state or fed-
Secretary of the Interior or the Indian child's tribe.
eral standard.
§3949. Return of custody
601
PUBLIC LAW, C. 359 FIRST SPECIAL SESSION - 2023
To the extent any procedure of an Indian child cus- on information from the Indian child's tribe or with the
tody proceeding is not addressed in this Act, 25 Code of assistance of the United States Department of the Inte-
Federal Regulations, Part 23 must inform state practice. rior, Bureau of Indian Affairs.
§3953. Emergency removal or placement of Indian 2. Testimony provided. In any proceeding sub-
child; termination; appropriate action ject to this Act that requires the testimony of a qualified
expert witness, at least one qualified expert witness
This Act does not prevent the emergency removal must testify regarding:
of an Indian child who is a resident of or is domiciled
on a reservation, but temporarily located off the reser- A. The prevailing social and cultural standards and
vation, from their parent or Indian custodian or the child-rearing practices of the Indian child's tribe;
emergency placement of an Indian child in a foster and
home or institution, under the laws of this State, in order
B. Whether the Indian child's continued custody
to prevent imminent physical damage or harm to the In- by the Indian child's parent or Indian custodian is
dian child.
likely to result in serious emotional or physical
1. Termination. An emergency removal or place- damage to the Indian child.
ment of an Indian child in an emergency proceeding
3. Tribal qualification. A person is a qualified
must terminate immediately when the removal or place- expert witness under this section if the Indian child's
ment is no longer necessary to prevent imminent phys-
ical damage or harm to the Indian child. An emergency tribe has designated the person as being qualified to tes-
tify to the prevailing social and cultural standards of the
removal or placement of an Indian child may be termi- Indian tribe.
nated by, but is not necessarily terminated by, one of the
following actions: 4. Alternative qualification. If the Indian child's
A. Initiation of an Indian child custody proceeding tribe has not designated a qualified expert witness or the
designated qualified expert witness is unavailable, the
subject to the provisions this Act; following individuals, in order of priority, may testify
B. Transfer of the Indian child to the jurisdiction as a qualified expert witness:
of the appropriate Indian tribe; or
A. A member of the Indian child's tribe who is rec-
C. Restoration of the Indian child to the parent or ognized by the tribal community as knowledgeable
Indian custodian. in tribal customs as they pertain to family organi-
2. Procedure applicable to emergency proceed- zation and child-rearing practices;
ings. In any emergency proceeding in District Court or B. A member of another Indian tribe who is recog-
Probate Court, the court shall: nized to be a qualified expert witness by the Indian
child's tribe based on the member's knowledge of
A. Make a finding on the record, supported by
clear and convincing evidence, that the emergency the delivery of child and family services to Indians
and the Indian child's tribe;
removal or placement is necessary to prevent im-
minent physical damage or harm to the Indian C. A layperson who is recognized by the Indian
child; child's tribe as having substantial experience in the
B. Promptly hold a hearing on whether the emer- delivery of child and family services to Indians, and
knowledge of prevailing social and cultural stan-
gency removal or placement continues to be neces- dards and child-rearing practices within the Indian
sary whenever new information indicates that the
emergency situation has ended; and child's tribe; or
C. At any court hearing during the emergency pro- D. A professional person having substantial edu-
cation and experience in the area of the profes-
ceeding, determine whether there is clear and con- sional person's specialty who can demonstrate
vincing evidence demonstrating that the emer-
gency removal or placement remains necessary to knowledge of the prevailing social and cultural
standards and child-rearing practices within the In-
prevent imminent physical damage or harm to the dian child's tribe.
Indian child and, if not, immediately terminate or
ensure that the petitioning party immediately ter- 5. Disqualified persons. A petitioning party, an
minates the emergency proceeding. employee of the petitioning party or an employee of the
Department of Health and Human Services may not
§3954. Qualified expert witness serve as a qualified expert witness or a professional un-
1. Identification. In any proceeding subject to this der this section.
Act that requires the testimony of a qualified expert wit-
ness, the qualified expert witness must be provided by §3955. Agreements between the State and Indian
tribes
the petitioner and must meet the criteria of subsection 3
or 4. A qualified expert witness may be identified based
602
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 359
The State may enter into agreements with Indian 3-A. Indian foster family home. "Indian foster
tribes with respect to the care and custody of Indian family home" means a foster home licensed, approved
children and jurisdiction over Indian child custody pro- or specified by the Indian child's tribe where substitute
ceedings, including agreements that provide for orderly parental care is provided for an Indian child as defined
transfer of jurisdiction on a case-by-case basis and in the federal Indian Child Welfare Act of 1978, 25
agreements that provide for concurrent jurisdiction be- United States Code, Section 1901, et seq. or the Maine
tween the State and Indian tribes. A revocation of an Indian Child Welfare Act, section 3943, subsection 8.
agreement under this section does not affect any action
or proceeding over which a court has already assumed Sec. 10. 30 MRSA §6209-A, sub-§1, ¶D, as
amended by PL 2021, c. 650, §10 and affected by §13,
jurisdiction, unless the agreement provides otherwise. is further amended to read:
Sec. 6. 22 MRSA §4002, sub-§9-B, as D. Indian child custody proceedings to the extent
amended by PL 2017, c. 411, §4, is further amended to
read: authorized by applicable state and federal law;
9-B. Relative. "Relative" means a family member Sec. 11. 30 MRSA §6209-B, sub-§1, ¶D, as
enacted by PL 1995, c. 388, §6 and affected by §8, is
related to the child within the 3rd degree through par- amended to read:
entage established under Title 19‑A, chapter 61 or any
spouse of that family member. "Relative" also includes D. Indian child custody proceedings to the extent
the adoptive parent of the child's siblings. "Relative" authorized by applicable state and federal law; and
includes, for an Indian child as defined by the federal
Indian Child Welfare Act of 1978, 25 United States Sec. 12. 30 MRSA §6209-C, sub-§1, ¶D, as
enacted by PL 2009, c. 384, Pt. B, §1 and affected by
Code, Section 1903, Subsection 4, or by the Maine In- §2, is amended to read:
dian Child Welfare Act, section 3943, subsection 8, an
extended family member as defined by the law or cus- D. Indian child custody proceedings to the extent
tom of the Indian child's tribe or, in the absence of such authorized by applicable state and federal law; and
law or custom, an extended family member as defined
by the federal Indian Child Welfare Act of 1978, 25 Sec. 13. Contingent effective date. This Act
is subject to the following contingencies.
United States Code, Section 1903, Subsection 2 or the
Maine Indian Child Welfare Act, section 3943, subsec- 1. That section of this Act that amends the Maine
tion 5. Revised Statutes, Title 30, section 6209-A, subsection
Sec. 7. 22 MRSA §4008, sub-§2, ¶I, as 1, paragraph D takes effect 120 days after adjournment
of the First Special Session of the 131st Legislature only
amended by PL 2007, c. 140, §5, is further amended to if, within 90 days after adjournment of the First Special
read:
Session of the 131st Legislature, the Secretary of State
I. The representative designated to provide child receives written certification from the Joint Tribal
welfare services by the tribe of an Indian child as Council of the Passamaquoddy Tribe that the tribe has
defined by the federal Indian Child Welfare Act of agreed to the provisions of this Act, copies of which
1978, 25 United States Code, Section 1903 or the must be submitted by the Secretary of State to the Sec-
Maine Indian Child Welfare Act, section 3943, retary of the Senate, the Clerk of the House and the Re-
subsections 8 and 10, or a representative designated visor of Statutes.
to provide child welfare services by an Indian tribe
of Canada; 2. That section of this Act that amends the Maine
Revised Statutes, Title 30, section 6209-B, subsection
Sec. 8. 22 MRSA §4062, sub-§1, as amended 1, paragraph D takes effect 120 days after adjournment
by PL 1999, c. 392, §1, is further amended by amending of the First Special Session of the 131st Legislature only
the first blocked paragraph to read: if, within 90 days after adjournment of the First Special
Session of the 131st Legislature, the Secretary of State
Notwithstanding section 4061, subsection 3, any feder-
ally recognized Indian tribe in this State or any Indian receives written certification from the Governor and the
Council of the Penobscot Nation that the nation has
foster family home is eligible for benefits and reim- agreed to the provisions of this Act, copies of which
bursement under any state or federally funded program
administered by the State for the benefit of Maine chil- must be submitted by the Secretary of State to the Sec-
retary of the Senate, the Clerk of the House and the Re-
dren, including, but not limited to, children within the visor of Statutes.
jurisdiction of the Passamaquoddy Tribe or, Penobscot
Indian Nation, Houlton Band of Maliseet Indians or 3. That section of this Act that amends the Maine
Mi'kmaq Nation under the federal Indian Child Welfare Revised Statutes, Title 30, section 6209-C, subsection
Act of 1978, 25 United States Code, Section 1901, et 1, paragraph D takes effect 120 days after adjournment
seq. or the Maine Indian Child Welfare Act. of the First Special Session of the 131st Legislature only
Sec. 9. 22 MRSA §8101, sub-§3-A, as enacted if, within 90 days after adjournment of the First Special
Session of the 131st Legislature, the Secretary of State
by PL 1999, c. 392, §5, is amended to read:
603
PUBLIC LAW, C. 360 FIRST SPECIAL SESSION - 2023
receives written certification from the Houlton Band Sec. A-3. 36 MRSA §191, sub-§2, ¶YY, as
Council of the Houlton Band of Maliseet Indians that amended by PL 2015, c. 490, §2 and c. 494, Pt. A, §41,
the band has agreed to the provisions of this Act, copies is further amended to read:
of which must be submitted by the Secretary of State to YY. The inspection and disclosure of information
the Secretary of the Senate, the Clerk of the House and
the Revisor of Statutes. Upon such written certification by the board, or by the State Board of Property Tax
Review as established by Title 5, section 12004-B,
by the Houlton Band Council of the Houlton Band of subsection 6, to the extent necessary to conduct ap-
Maliseet Indians, each section of this Act regarding or
affecting the Houlton Band of Maliseet Indians and its peals procedures pursuant to this Title and issue a
decision on an appeal to the parties. The board and
tribal members and lands constitutes a jurisdictional the State Board of Property Tax Review may make
agreement for purposes of the federal Maine Indian
Claims Settlement Act of 1980, Public Law 96-420, available to the public redacted decisions that do
not disclose the identity of a taxpayer or any infor-
Section 6(e)(2). mation made confidential by state or federal stat-
Emergency clause. In view of the emergency ute;
cited in the preamble, this legislation takes effect when
approved, except as otherwise indicated. Sec. A-4. 36 MRSA §208-A, sub-§2, ¶C, as
amended by PL 2015, c. 236, §1, is further amended to
Effective June 30, 2023, unless otherwise indicated. read:
C. The municipality's equalized full value tax rate
CHAPTER 360 of residential property following adjusted for the
sudden and severe disruption in municipal valua-
H.P. 181 - L.D. 283 tion exceeds the most recent state statewide aver-
age of residential property for which data is avail-
An Act to Make Technical able.
Changes to the Maine Tax
Laws Sec. A-5. 36 MRSA §331, as enacted by PL
1985, c. 764, §10, is amended to read:
Be it enacted by the People of the State of Maine §331. Assessment manual
as follows:
The State Tax Assessor shall maintain and period-
PART A ically update a State state assessment manual by rule, in
Sec. A-1. 36 MRSA §191, sub-§2, ¶C, as accordance with the Maine Administrative Procedure
amended by PL 2017, c. 170, Pt. A, §1, is further Act, Title 5, chapter 375, which shall identify that iden-
amended to read: tifies accepted and preferred methods of assessing prop-
erty.
C. The inspection by the Attorney General of in-
formation filed by any taxpayer who has requested Any municipality performing or contracting for the
review of any tax under this Title or against whom performance of a revaluation after January 1, 1987,
an action or proceeding for collection of tax has shall use or require the use of the State state assessment
been instituted; or the production in court or to the manual or another professionally accepted manual or
board or the State Board of Property Tax Review procedure.
as established by Title 5, section 12004-B, subsec- Sec. A-6. 36 MRSA §652, sub-§1, ¶G, as
tion 6 on behalf of the State Tax Assessor, or any amended by PL 2007, c. 627, §20, is further amended
other party to an action or proceeding under this Ti- to read:
tle, of so much and no more of the information as
is pertinent to the action or proceeding; G. Houses of religious worship, including vestries,
and the pews and furniture within them; tombs and
Sec. A-2. 36 MRSA §191, sub-§2, ¶XX, as rights of burial; and property owned and used by a
amended by PL 2015, c. 300, Pt. A, §6 and c. 344, §6, religious society as a parsonage up to the just value
is further amended to read: of $20,000, and personal property not exceeding
XX. The disclosure of information by the assessor $6,000 in just value are exempt from taxation, ex-
to the board or the State Board of Property Tax Re- cept that any portion of a parsonage that is rented
view as established by Title 5, section 12004-B, is subject to taxation. For purposes of this para-
subsection 6, except that such disclosure is limited graph, "parsonage" means the principal residence
to information that is pertinent to an appeal or other provided by a religious society for its cleric
action or proceeding before the board or the State whether or not the principal residence is located
Board of Property Tax Review; within the same municipality as the house of reli-
gious worship where the cleric regularly conducts
religious services.
604
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 360
Sec. A-7. 36 MRSA §653, sub-§1, ¶E, as C. The taxpayer, if an individual the sole owner of
amended by PL 2017, c. 170, Pt. B, §6, is further the property, has liquid assets of less than $50,000.
amended to read: or, in In the case of 2 or more individuals filing a
E. The word "veteran" as used in this subsection claim jointly property that is owned by more than
one owner, all the individuals owners together have
means any person, male or female, an individual liquid assets of less than $75,000; and
who was on active duty in the Armed Forces of the
United States and who, if discharged, retired or Sec. A-13. 36 MRSA §6271, sub-§1, ¶C, as
separated from the Armed Forces, was discharged, enacted by PL 2009, c. 489, §5, is amended to read:
retired or separated under other than dishonorable
conditions. C. "Household income" has the meaning set out in
section 6201, subsection 7 means all income re-
Sec. A-8. 36 MRSA §653, sub-§1, ¶J, as ceived by all persons of a household in a calendar
amended by PL 1989, c. 501, Pt. Z, is further amended year while members of the household. For the pur-
to read: poses of this paragraph, “household” means a
claimant and spouse and all other individuals for
J. No person may be An individual is not entitled
to property tax exemption under more than one par- whom the claimant under this chapter is entitled to
claim a credit as a dependent or qualifying child
agraph of this subsection. under section 5219-SS for the year for which relief
Sec. A-9. 36 MRSA §653, sub-§2, ¶B, as en- is requested.
acted by PL 2007, c. 418, §1, is amended to read:
PART B
B. "Qualifying shareholder" means a person an in-
dividual who is a shareholder in a cooperative Sec. B-1. 36 MRSA §151, sub-§1, as repealed
and replaced by PL 2011, c. 694, §3, is amended to read:
housing corporation who would qualify for an ex-
emption under subsection 1 if the person individual 1. Petition for reconsideration. A person who is
were the owner of the property. subject to an assessment by the State Tax Assessor or
Sec. A-10. 36 MRSA §4641-C, sub-§15, as entitled by law to receive notice of a determination of
the assessor and who is aggrieved as a result of that ac-
amended by PL 1993, c. 647, §2 and c. 718, Pt. B, §10, tion may request in writing, within 60 days after receipt
is further amended to read:
of notice of the assessment or the determination, recon-
15. Deeds to a; trustee, nominee or straw party. sideration by the assessor of the assessment or the de-
Any deeds: termination. If a person receives notice of an assess-
A. To a trustee, nominee or straw party for the ment or a determination and does not file a petition for
reconsideration within the specified time period, a re-
grantor as beneficial owner; view is not available in Superior Court or before the
B. For To a trustee, nominee or straw party for the board regardless of whether the taxpayer subsequently
beneficial ownership of a person other than the makes payment and requests a refund.
grantor when, if that person were the grantee, no a
tax would not be imposed upon the conveyance
Sec. B-2. 36 MRSA §5122, sub-§1, ¶X, as
amended by PL 2017, c. 474, Pt. C, §1, is repealed.
pursuant to this chapter; or
C. From a trustee, nominee or straw party to the
Sec. B-3. 36 MRSA §5122, sub-§1, ¶BB, as
beneficial owner; enacted by PL 2009, c. 213, Pt. BBBB, §4 and affected
by §17, is repealed.
Sec. A-11. 36 MRSA §6251, sub-§1, ¶B, as Sec. B-4. 36 MRSA §5122, sub-§1, ¶CC, as
amended by PL 2021, c. 483, Pt. AA, §6, is further amended by PL 2011, c. 90, Pt. H, §1 and affected by
amended to read:
§8, is repealed.
B. The taxpayer, if the sole owner of the property,
has income, as defined in section 5219‑KK, sub- Sec. B-5. 36 MRSA §5122, sub-§2, ¶G, as
amended by PL 1999, c. 521, Pt. C, §3 and affected by
section 1, paragraph D, of less than $40,000 for the §9, is repealed.
calendar year immediately preceding the calendar
year in which the claim is filed. In the case of prop- Sec. B-6. 36 MRSA §5122, sub-§2, ¶DD, as
erty that is owned by more than one owner, all own- corrected by RR 2009, c. 2, §110, is repealed.
ers together have income, as defined in section
5219-KK, subsection 1, paragraph D, of less than Sec. B-7. 36 MRSA §5122, sub-§2, ¶GG, as
amended by PL 2011, c. 380, Pt. O, §6, is repealed.
$40,000 for the calendar year immediately preced-
ing the calendar year in which the claim is filed; Sec. B-8. 36 MRSA §5200-A, sub-§1, ¶S, as
amended by PL 2017, c. 474, Pt. C, §5, is repealed.
Sec. A-12. 36 MRSA §6251, sub-§1, ¶C, as
enacted by PL 2021, c. 483, Pt. AA, §6, is amended to Sec. B-9. 36 MRSA §5200-A, sub-§1, ¶W, as
read: amended by PL 2011, c. 380, Pt. O, §11, is repealed.
605
PUBLIC LAW, C. 360 FIRST SPECIAL SESSION - 2023
Sec. B-10. 36 MRSA §5200-A, sub-§2, ¶U, 100% permanently and totally disabled is allowed an
as amended by PL 2011, c. 644, §23, is repealed. additional credit against the taxes imposed under this
Part in an amount equal to the amount calculated under
Sec. B-11. 36 MRSA §5219-K, sub-§3, as subsection 2‑D. The combined credit under subsection
amended by PL 2007, c. 627, §92, is further amended
2‑D and this subsection may not exceed the property
to read: taxes paid by the resident individual or the bureau pur-
3. Limitation on credit allowed. The credit al- suant to chapter 908 on behalf of the resident individual
lowed under this section is limited to 100% of a corpo- during the tax year on the resident individual's home-
ration's first $25,000 of tax due, as determined before stead in this State and rent constituting property taxes
the allowance of any credits, plus 75% of the corpora- paid by the resident individual during the tax year on a
tion's tax due, as determined in excess of $25,000. The homestead in the State, combined. In the case of mar-
assessor shall may adopt rules similar to those autho- ried individuals filing a joint return, only one spouse is
rized under the Code, Section 38(c)(5)(B) for purposes required to be a veteran who is 100% permanently and
of apportioning the $25,000 among members of a con- totally disabled to qualify for the additional credit al-
trolled group 38(c)(6)(B). lowed under this subsection. For the purposes of this
Sec. B-12. 36 MRSA §5219-K, sub-§6, as en- subsection, "100% permanently and totally disabled"
means having a rating by the United States Department
acted by PL 1995, c. 368, Pt. GGG, §7, is amended to of Veterans Affairs at 100% for one or more service-
read:
connected disabilities that are rated permanent and "vet-
6. Additional rules. The State Tax Assessor shall eran" has the same meaning as in section 653, subsec-
may adopt such rules as are necessary to implement this tion 1, paragraph E.
section. Sec. B-15. 36 MRSA §5228, sub-§1, ¶B-1 is
Sec. B-13. 36 MRSA §5219-KK, sub-§1, enacted to read:
¶A-1, as amended by PL 2021, c. 483, Pt. AA, §1, is B-1. "Farmer or person who fishes commercially"
further amended to read:
means an individual who meets the criteria of Sec-
A-1. For tax years beginning on or after January 1, tion 6654(i)(2) of the Code.
2018, "benefit base" means property taxes paid by Sec. B-16. 36 MRSA §5228, sub-§4, as
a resident individual or the bureau pursuant to
chapter 908 on behalf of the resident individual amended by PL 2001, c. 583, §18, is further amended
to read:
during the tax year on the resident individual's
homestead in this State or rent constituting prop- 4. Due dates for estimated tax installments. For
erty taxes paid by the resident individual or the bu- individuals, trusts and estates, an installment payment
reau pursuant to chapter 908 on behalf of a resident is due the 15th day of the 4th, 6th, 9th and 13th month
individual during the tax year on a homestead in the following the beginning of their fiscal the individual's,
State not exceeding the following amounts: trust's or estate's taxable year, except that in the case of
(1) For persons filing as single individuals, farmers and fishermen persons who fish commercially,
a single installment payment is due on January the 15th
$2,050; day of the 13th month following the beginning of the
(2) For persons filing as heads of households individual's, trust's or estate's taxable year. For corpora-
that can claim the federal child tax credit pur- tions and financial institutions, an installment payment
suant to the Code, Section 24 for no more than is due on the 15th day of the 4th, 6th, 9th and 12th
one qualifying child or dependent or for per- month following the beginning of their fiscal the corpo-
sons filing joint returns, $2,650; and ration's or financial institution's taxable year.
(3) For persons filing as heads of households Sec. B-17. 36 MRSA §5228, sub-§5, ¶B, as
that can claim the federal child tax credit pur- amended by PL 1991, c. 9, Pt. DD, §2 and affected by
suant to the Code, Section 24 for more than §4, is further amended to read:
one qualifying child or dependent or for per-
sons filing joint returns that can claim the fed- B. The taxpayer is a farmer or fisherman a person
who fishes commercially in which case a single in-
eral child tax credit pursuant to the Code, Sec- stallment is required; or
tion 24 for at least one qualifying child or de-
pendent, $3,250. Sec. B-18. 36 MRSA §5228, sub-§10, as en-
Sec. B-14. 36 MRSA §5219-KK, sub-§2-E, acted by PL 1985, c. 691, §§35 and 48, is amended to
read:
as enacted by PL 2021, c. 703, §1, is amended to read:
10. Farmer or fisherman person who fishes
2-E. Permanently and totally disabled veterans; commercially; underpayment. If an individual is a
additional credit. For tax years beginning on or after
January 1, 2023, in addition to the credit under subsec- farmer or fisherman a person who fishes commercially
tion 2‑D, a resident individual who is a veteran who is
606
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 361
for any taxable year, then no a penalty may not be im- EE. The disclosure by the State Tax Assessor of
posed with respect to any underpayment of the required the fact that a person has or has not been issued a
installment of estimated tax, if on or before March 1st certificate of exemption pursuant to section 1760,
the first day of the 3rd month following the close of the 2013 or 2557, or a resale certificate pursuant to sec-
individual's taxable year, that individual files a return tion 1754‑B, subsection 2‑B or 2‑C. The exemp-
for the taxable year and pays in full his the tax liability tion under this paragraph is limited to the disclo-
for the taxable year of the return. sure of information applicable to the previous 6
years;
PART C
See title page for effective date.
Sec. C-1. 23 MRSA §4210-B, sub-§7-A, as
amended by PL 2021, c. 630, Pt. D, §1, is further
amended to read: CHAPTER 361
7-A. Sales tax revenue. On July 1st of each year, H.P. 250 - L.D. 399
the State Controller shall transfer to the Multimodal
Transportation Fund an amount, as certified by the State An Act to Amend the Portfolio
Tax Assessor, that is equivalent to 100% of the revenue Requirements for Class II
from the tax imposed on the value of rental of a pickup
truck or van with a gross weight of less than 26,000 Resources and Require Money
pounds rented from a person primarily engaged in the Collected from Alternative
business of renting automobiles and the value of rental Compliance Payments to Be
for a period of less than one year of an automobile pur- Used for Financial Assistance
suant to Title 36, section 1811 for the first 6 months of Be it enacted by the People of the State of Maine
the prior fiscal year after the reduction for the transfer as follows:
to the Local Government Fund as described by Title
30‑A, section 5681, subsection 5 and the transfer to the Sec. 1. 35-A MRSA §3210, sub-§3, ¶A, as
ATV Recreational Management Fund pursuant to Title enacted by PL 2019, c. 477, §1, is amended to read:
36, section 1820. On October 1st of each year, the State A. For the purposes of meeting the portfolio re-
Controller shall transfer to the Multimodal Transporta- quirement under this subsection, a 300% multiplier
tion Fund an amount, as certified by the State Tax As- is applied to the output of a generator fueled by mu-
sessor, that is equivalent to 100% of the revenue from nicipal solid waste in conjunction with recycling
the tax imposed on the value of rental of a pickup truck that has obtained a solid waste facility license from
or van with a gross weight of less than 26,000 pounds the Department of Environmental Protection.
rented from a person primarily engaged in the business
of renting automobiles and the value of rental for a pe- This paragraph is repealed January 1, 2025 2027.
riod of less than one year of an automobile pursuant to Sec. 2. 35-A MRSA §3210, sub-§9, as
Title 36, section 1811 for the last 6 months of the prior amended by PL 2021, c. 199, §1, is further amended to
fiscal year after the reduction for the transfer to the Lo- read:
cal Government Fund as described by Title 30‑A, sec-
tion 5681, subsection 5 and the transfer to the ATV Rec- 9. Alternative compliance payment. The com-
reational Management Fund pursuant to Title 36, sec- mission shall allow competitive electricity providers to
tion 1820. The tax amount must be based on actual satisfy the portfolio requirements for Class I resources
sales for that fiscal year and may not consider any ac- under subsection 3‑A, Class IA resources under subsec-
cruals that may be required by law. tion 3‑B and, thermal renewable energy credits under
subsection 3‑C and Class II resources under subsection
Sec. C-2. 36 MRSA §191, sub-§2, ¶H, as re- 3 through an alternative compliance payment mecha-
pealed and replaced by PL 1981, c. 698, §176, is nism in accordance with this subsection.
amended to read:
A. The commission shall set the alternative com-
H. The disclosure by the State Tax Assessor of the pliance payment rate rates by rule, which may not
fact that a person is or is not registered under this be greater than $50, and shall publish the alterna-
Title or disclosure of both the fact that a registration tive compliance payment rate rates by January 31st
under this Title has been revoked and the reasons of each year. In setting the rate rates, the commis-
for revocation. The exemption under this paragraph sion shall take into account prevailing market
is limited to the disclosure of information applica- prices, standard-offer service prices for electricity,
ble to the previous 6 years; reliance on alternative compliance payments to
Sec. C-3. 36 MRSA §191, sub-§2, ¶EE, as meet the requirements of subsections 3, 3‑A, 3‑B
amended by PL 2019, c. 401, Pt. B, §1, is further and 3‑C and investment in Class I and, Class IA
amended to read: and Class II resources and thermal renewable en-
ergy credits in the State during the previous calen-
dar year.
607
PUBLIC LAW, C. 362 FIRST SPECIAL SESSION - 2023
(1) The alternative compliance payment rate technical rules pursuant to Title 5, chapter 375, sub-
for the requirements under subsections 3-A, chapter 2‑A.
3‑B and 3‑C may not be greater than $50.
See title page for effective date.
(2) The alternative compliance payment rate
for the requirement under subsection 3 may
not be greater than $10. CHAPTER 362
B. The commission shall collect alternative com- H.P. 262 - L.D. 429
pliance payments to meet the requirements of sub-
sections 3, 3‑A and 3‑B made by competitive elec- An Act to Reclassify Certain
tricity providers and shall deposit use all funds col- Offenses Under the Motor
lected under this paragraph in the Energy Effi- Vehicle Laws and Increase the
ciency and Renewable Resource Fund established Efficiency of the Criminal
under section 10121, subsection 2 to be used to Justice System
fund research, development and demonstration
projects relating to renewable energy technologies Be it enacted by the People of the State of Maine
and to fund rebates for cost-effective renewable en- as follows:
ergy technologies to provide financial assistance Sec. 1. 29-A MRSA §1603, sub-§9, as enacted
for low-income households in accordance with sec- by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5,
tion 3214, subsection 2. is amended to read:
C. The commission shall collect alternative com- 9. Return license, certificates and plates. A per-
pliance payments to meet the requirements of sub- son whose license or registration has been suspended
section 3‑C made by competitive electricity provid- shall immediately return every license, registration cer-
ers and shall deposit all funds collected under this tificate and registration plate issued to that person to the
paragraph in the Thermal Energy Investment Fund Secretary of State. A person commits a Class E crime
established under section 10128, subsection 2 to be traffic infraction if that person, after notice of suspen-
used to fund incentives and low-interest or no- sion, fails or refuses to return every license, registration
interest loans to businesses, municipalities, educa- certificate and registration plate.
tional institutions and nonprofit entities in the State
for the installation of new thermal energy-derived Sec. 2. 29-A MRSA §1859, as amended by PL
projects. 1995, c. 65, Pt. A, §104 and affected by §153 and Pt. C,
§15, is further amended to read:
The commission shall adopt rules to implement this
subsection. Rules adopted under this subsection to es- §1859. Removal of vehicle
tablish the alternative compliance payment rates gov- Removal of a vehicle described in section 1851 or
erned by paragraph A, subparagraphs (1) and (2) routine of any part or accessory from the vehicle without the
technical rules as defined in Title 5, chapter 375, sub- written consent of the person in charge or the owner of
chapter 2‑A. the premises or property where the vehicle is located is
Sec. 3. 35-A MRSA §3214, sub-§2, ¶A, as a Class E crime traffic infraction. This section applies
enacted by PL 1997, c. 316, §3, is amended to read: to all persons, including the owner of the vehicle.
A. Receive funds collected by all transmission and Sec. 3. 29-A MRSA §2069, sub-§3, ¶B, as
distribution utilities in the State at a rate set by the enacted by PL 2015, c. 159, §4, is amended to read:
commission in periodic rate cases; and B. The issuance of a summons for a traffic infrac-
Sec. 4. 35-A MRSA §3214, sub-§2, ¶A-1 is tion as described in section 351, section 2104 or
enacted to read: section 2412‑A, subsection 8;
A-1. Receive funds collected by the commission Sec. 4. Effective date. This Act takes effect Jan-
for alternative compliance payments in accordance uary 1, 2024.
with section 3210, subsection 9, paragraph B; and Effective January 1, 2024.
Sec. 5. 35-A MRSA §3214, sub-§2, as enacted
by PL 1997, c. 316, §3, is amended by enacting at the
end a new first blocked paragraph to read:
The commission may adopt rules to implement this sub-
section. Rules adopted under this subsection are routine
608
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 365
609
PUBLIC LAW, C. 365 FIRST SPECIAL SESSION - 2023
for legislative review may not be finally adopted by A. There is no annual registration fee for a quali-
the department unless legislation authorizing final fying patient or visiting qualifying patient or a care-
adoption is enacted into law. giver who is not required to register pursuant to
Sec. 2. 22 MRSA §2423-A, sub-§10, ¶E, as section 2423‑A, subsection 3, paragraph C. There
is no annual registration fee for a caregiver who
repealed and replaced by PL 2019, c. 331, §13 and c. does not cultivate cannabis plants for a qualifying
354, §5 and amended by PL 2021, c. 669, §5, is repealed
and the following enacted in its place: patient.
E. A cannabis testing facility must be accredited B. There is an annual registration fee for a care-
giver who cultivates cannabis plants on behalf of a
pursuant to the standard ISO/IEC 17025 of the In- qualifying patient pursuant to section 2423‑A, sub-
ternational Organization for Standardization by a
3rd-party accrediting body and shall produce doc- section 2, paragraph B.
umentation of accreditation to the department or a (1) For a caregiver registering based upon
municipal code enforcement officer, upon demand. plant count, the fee may not be less than $50
or more than $240 for each group of up to 6
Sec. 3. 22 MRSA §2424, as amended by PL mature cannabis plants cultivated by the care-
2021, c. 387, §§6 and 7; c. 652, §2; and c. 669, §5, is
giver. The caregiver shall notify the depart-
repealed. ment of the number of cannabis plants the
Sec. 4. 22 MRSA §2425-A, sub-§5, ¶A, as caregiver cultivates.
amended by PL 2021, c. 367, §12 and c. 669, §5, is fur-
ther amended by amending subparagraph (3) to read: (2) For a caregiver registering based upon
plant canopy, the fee may not be less than $50
(3) A random identification number that is or more than $1,500 for a total mature plant
unique to the cardholder; and canopy of 500 square feet or less.
Sec. 5. 22 MRSA §2425-A, sub-§5, ¶A, as C. There is an annual registration fee for a dispen-
amended by PL 2021, c. 367, §12 and c. 669, §5, is fur- sary, which may not be less than $5,000 or more
ther amended by amending subparagraph (4) to read: than $12,000. There is a fee to change the location
(4) A clear designation showing whether the of a registered dispensary or the location at which
a registered dispensary cultivates cannabis plants,
cardholder is allowed under this chapter to cul- which may not be less than $3,000 or more than
tivate cannabis plants.; and
$4,000.
Sec. 6. 22 MRSA §2425-A, sub-§5, ¶A, as D. There is an annual registration fee for a tier 1
amended by PL 2021, c. 367, §12 and c. 669, §5, is fur-
manufacturing facility, which may not be less than
ther amended by enacting a new subparagraph (5) to $50 or more than $150.
read:
E. There is an annual registration fee for a tier 2
(5) A photograph of the cardholder, if required
by the department. manufacturing facility, which may not be less than
$150 or more than $250.
Sec. 7. 22 MRSA §2425-A, sub-§10, as F. There is an annual registration fee to engage in
amended by PL 2021, c. 662, §28 and c. 669, §5, is fur- cannabis extraction under section 2423‑F, subsec-
ther amended to read:
tion 3, which may not be less than $250 or more
10. Fees. The department shall adopt rules to es- than $350.
tablish fees in accordance with this subsection. The ap-
G. There is an annual registration fee for a canna-
plication and renewal fees must generate revenues suf- bis testing facility, which may not be less than $250
ficient to offset all expenses of implementing and ad-
ministering this chapter. The department may accept or more than $1,000, except that there is no fee if
the testing facility is licensed in accordance with
donations from private sources to offset the expenses of Title 28‑B, chapter 1.
implementing and administering this chapter and shall,
if those donations are received, reduce application and H. There is an annual registration fee for an officer
renewal fees accordingly. The fees and donations must or director or assistant of a registered caregiver or
be credited to the Medical Use of Cannabis Fund pur- registered dispensary, which may not be less than
suant to section 2430. Rules adopted pursuant to this $20 or more than $50.
subsection are routine technical rules as defined in Title I. There is a fee to replace a registry identification
5, chapter 375, subchapter 2‑A, except that, beginning
July 1, 2021, rules adopted pursuant to this subsection card that has been lost, stolen or destroyed or a card
that contains information that is no longer accurate,
are major substantive rules as defined in Title 5, chapter which may not be less than $10 or more than $20.
375, subchapter 2‑A.
Replacement of a registry identification card does
not extend the expiration date.
610
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 365
J. There is an annual fee for a criminal history rec- B. If the person is a caregiver, present upon request
ord check for a caregiver or an officer or director of a law enforcement officer the original written
or assistant of a registered dispensary, cannabis document designating the person as a caregiver by
testing facility or manufacturing facility, which the qualifying patient under section 2423‑A, sub-
may not be less than $31 or more than $60. The fee section 1, paragraph F‑1 and the caregiver's gov-
must be paid by the caregiver or by the registered ernment-issued identification that includes a photo
dispensary, cannabis testing facility or manufactur- and proof of address caregiver's registry identifica-
ing facility for an officer or director or assistant of tion card or registration certificate.
the registered dispensary, cannabis testing facility
or manufacturing facility.
Sec. 13. 22 MRSA §2430-C, sub-§8, as en-
acted by PL 2017, c. 452, §24 and amended by PL 2021,
Sec. 8. 22 MRSA §2425-A, sub-§12, ¶J, as c. 669, §5, is amended to read:
enacted by PL 2017, c. 452, §12, is repealed.
8. Evidence of lawful conduct. A person who has
Sec. 9. 22 MRSA §2425-A, sub-§13, as been issued a registry identification card pursuant to
amended by PL 2021, c. 387, §10 and c. 669, §5, is re- section 2425‑A must also possess a valid government-
pealed. issued identification that includes a photo and proof of
address in order to establish proof of authorized partic-
Sec. 10. 22 MRSA §2428, sub-§6, ¶F, as ipation in the medical use of cannabis under this chap-
amended by PL 2017, c. 452, §16, is further amended
to read: ter. Possession of a registry identification card by a
cardholder, the act of applying for such a registry iden-
F. The operating documents of a dispensary must tification card, possession of a written certification is-
include procedures for the oversight of the dispen- sued under section 2423‑B or possession of a designa-
sary and procedures to ensure accurate record tion document executed under section 2423‑A, subsec-
keeping in accordance with section 2430‑G 2430-J. tion 1, paragraph F‑1 is not evidence of unlawful lawful
Sec. 11. 22 MRSA §2430-C, sub-§6, as en- conduct and may not be used to support the search of
that person or that person's property. The possession of
acted by PL 2017, c. 452, §24 and amended by PL 2021, or application for a registry identification card or pos-
c. 669, §5, is amended to read:
session of a written certification does not prevent the
6. Prohibition on seizure and retention. Except issuance of a warrant if probable cause exists on other
when necessary for an ongoing criminal or civil inves- grounds.
tigation, a law enforcement officer may not seize can- Sec. 14. 22 MRSA §2430-C, sub-§10 is en-
nabis that is in the possession of a qualifying patient,
caregiver, cannabis testing facility, manufacturing facil- acted to read:
ity or registered dispensary as authorized by this chap- 10. Defense for possession of excess cannabis.
ter. A law enforcement officer in possession of canna- Except as provided in section 2426, a qualifying patient
bis in violation of this subsection shall return the canna- may assert as a defense to any prosecution involving
bis within 7 days after receiving a written request for cannabis possession use of cannabis for a medical pur-
return by the owner of the cannabis. Notwithstanding pose and may present evidence in court that the patient's
the provisions of Title 14, chapter 741, if the law en- medical use or cultivation of an amount of cannabis ex-
forcement officer fails to return cannabis possessed in ceeding the amount allowed under section 2423‑A was
violation of this subsection within 7 days of receiving a reasonably necessary to ensure the uninterrupted avail-
written request for return of the cannabis under this sub- ability of cannabis for the purpose of treating or allevi-
section, the owner of the cannabis may file a claim in ating the patient's medical diagnosis or symptoms asso-
the District Court in the district where the owner lives ciated with the patient's medical diagnosis that, in a
or where the law enforcement officer is employed. medical provider's professional opinion, may be allevi-
Sec. 12. 22 MRSA §2430-C, sub-§7, as ated by the therapeutic or palliative medical use of can-
nabis.
amended by PL 2021, c. 662, §34, is further amended
to read: Sec. 15. 22 MRSA §2430-C, sub-§11 is en-
acted to read:
7. Requirements for protection. To receive pro-
tection under this section for conduct authorized under 11. Calculation of cannabis weight. The amount
this chapter, a person must: of cannabis possessed under this chapter must be calcu-
lated by the weight of dried harvested cannabis. A cal-
A. If the person is a qualifying patient or visiting culation of the weight of cannabis that is not dried must
qualifying patient, present upon request of a law
enforcement officer the patient's written certifica- reduce the weight by at least 75% to account for mois-
ture content. A calculation of the weight of cannabis in
tion and the patient's government-issued identifica- a cannabis product may not include ingredients in the
tion that includes a photo and proof of address; or
product other than cannabis, except that the weight of
cannabis concentrate must be included regardless of
611
PUBLIC LAW, C. 365 FIRST SPECIAL SESSION - 2023
whether the cannabis concentrate is within a cannabis B. Seize and destroy cannabis or cannabis products
product or not within a cannabis product. under subsection 5; and
Sec. 16. 22 MRSA §2430-E, as amended by PL C. Suspend or revoke a registry identification card
2021, c. 387, §12 and c. 669, §5, is repealed. or registration certificate issued under this chapter
Sec. 17. 22 MRSA §2430-F, as amended by PL for a violation.
2021, c. 387, §13 and c. 669, §5, is repealed. 3. Administrative penalties, generally. The de-
partment may impose administrative penalties for a vi-
Sec. 18. 22 MRSA §2430-G, as amended by olation of this chapter or rules adopted under this chap-
PL 2021, c. 367, §16; c. 387, §§14 to 16; c. 669, §5; c.
676, Pt. A, §35; and PL 2023, c. 96, §2, is repealed. ter as follows:
Sec. 19. 22 MRSA §2430-H, as enacted by PL A. For a registered caregiver who does not operate
a retail store and a covered entity agent:
2017, c. 452, §24 and amended by PL 2021, c. 669, §5,
is repealed. (1) Not more than $200 for each minor regis-
tration violation;
Sec. 20. 22 MRSA §2430-I is enacted to read:
(2) Not more than $600 for each major regis-
§2430-I. Suspension, revocation, administrative
penalty; forfeiture; surrender tration violation; or
1. Definitions. As used in this section, unless the (3) Not more than $1,500 for each major reg-
istration violation affecting public safety; and
context otherwise indicates, the following terms have
the following meanings. B. For a covered entity, except a registered care-
giver who does not operate a retail store:
A. "Covered entity" means a registered caregiver,
dispensary, cannabis testing facility, manufactur- (1) Not more than $1,000 for each minor reg-
ing facility or person authorized to engage in can- istration violation;
nabis extraction using inherently hazardous sub-
stances under this chapter. (2) Not more than $3,000 for each major reg-
istration violation; or
B. "Covered entity agent" means an assistant, em-
(3) Not more than $7,500 for each major reg-
ployee, officer, director or other authorized agent istration violation affecting public safety.
of a registered caregiver, dispensary, cannabis test-
ing facility, manufacturing facility or person 4. Administrative penalty for sale or transfer to
authorized to engage in cannabis extraction using nonpatient. The department shall notify a covered en-
inherently hazardous substances under this chapter. tity within one business day after the department dis-
covers that a covered entity or covered entity agent sold,
C. "Major registration violation" means an inten-
tional, willful or reckless violation or a repeat pat- furnished or gave cannabis for medical use to a person
who is not authorized to possess cannabis for medical
tern of minor registration violations. use under this chapter. Both the covered entity and cov-
D. "Major registration violation affecting public ered entity agent that sold, furnished or gave cannabis
safety" means a major registration violation that for medical use to a person who is not authorized to pos-
jeopardizes public safety. sess cannabis for medical use may be held responsible
E. "Minor registration violation" means a knowing as follows.
or negligent violation. A. The first time a covered entity or covered entity
agent sells, furnishes or gives cannabis for medical
F. "Violation" means a violation of a provision of use to a person who is not authorized to possess
this chapter, rules adopted pursuant to this chapter
or terms or conditions of a registry identification cannabis for medical use under this chapter, the
covered entity or covered entity agent that sold, fur-
card or registration certificate issued under this nished or gave cannabis for medical use to a person
chapter.
not authorized to possess cannabis for medical use
2. Penalties. The department, in accordance with may be subject to an administrative penalty for a
this section, on its own initiative or on complaint and minor registration violation.
after investigation, may, by written order: B. The 2nd time a covered entity or covered entity
A. Impose an administrative penalty in accordance agent sells, furnishes or gives cannabis for medical
with this section for a violation. Penalties collected use to a person who is not authorized to possess
pursuant to this paragraph must be credited to the cannabis for medical use under this chapter, the
Medical Use of Cannabis Fund established under covered entity or covered entity agent that sold, fur-
section 2430; nished or gave cannabis for medical use to a person
not authorized to possess cannabis for medical use
612
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 365
may be subject to an administrative penalty for a ceed one year. Until the suspension or revocation pe-
major registration violation. riod ends, the person is ineligible for reauthorization un-
der this chapter.
C. The 3rd time a covered entity or covered entity
agent sells, furnishes or gives cannabis for medical 9. Maine Administrative Procedure Act; final
use to a person who is not authorized to possess agency action. Except as otherwise provided in this
cannabis for medical use under this chapter and for chapter, the suspension or revocation of a registry iden-
any subsequent violations of this subsection there- tification card or registration certificate and the imposi-
after, the covered entity or covered entity agent that tion of an administrative penalty by the department is
sold, furnished or gave cannabis for medical use to governed by Title 5, chapter 375, subchapter 4, includ-
a person not authorized to possess cannabis for ing, but not limited to, the provisions on notice and
medical use may be subject to suspension or revo- hearings.
cation of the covered entity's or covered entity
agent's registry identification card or registration Sec. 21. 22 MRSA §2430-J is enacted to read:
certificate or an administrative penalty for a major §2430-J. Reporting; record keeping; labels
registration violation.
The department shall develop, implement and
A covered entity is subject to the penalties in this sec- maintain a statewide electronic portal through which
tion whether the covered entity violated this subsection registered caregivers, registered dispensaries, cannabis
or the covered entity agent violated this subsection. Vi- testing facilities and manufacturing facilities may sub-
olations of this section by a covered entity are cumula- mit to the department the records required pursuant to
tive whether the same or a different covered entity agent this chapter. The department may not require records
violated this subsection. submitted through the portal to contain information
identifying qualifying patients.
5. Forfeit and destruction under final order.
This subsection governs the forfeiture and destruction 1. Required records. A registered caregiver, a
of cannabis plants, cannabis or cannabis products when registered dispensary, a cannabis testing facility and a
a final order is issued. manufacturing facility shall:
A. If the department issues a final order imposing A. Keep a record of all transfers of cannabis plants
an administrative penalty under this section, the de- and harvested cannabis;
partment may require, in the final order, that all or
B. Keep the books and records for a period of 4
a portion of the cannabis plants, cannabis or canna- years; and
bis products in the possession of the covered entity
subject to the final order be destroyed. C. Make the books and records maintained under
B. The covered entity subject to the final order shall this subsection available for inspection by the de-
partment upon the department's request.
forfeit the cannabis plants, cannabis or cannabis
products to the department or destroy the cannabis 2. Required label. A registered caregiver, regis-
plants, cannabis and cannabis products at the time tered dispensary, cannabis testing facility and manufac-
and place and in the manner required by the depart- turing facility shall accompany all cannabis plants and
ment in writing. harvested cannabis being transported pursuant to this
chapter with a label that identifies:
6. Destruction prohibition. If the department is
notified by a criminal justice agency that there is a pend- A. The person transferring the cannabis plants or
ing investigation of a covered entity subject to a final harvested cannabis, including the person's registry
order under this section, the department may not de- identification number;
stroy, or allow the covered entity to destroy, any canna-
B. The person receiving the cannabis plants or har-
bis plants, cannabis or cannabis products of that covered vested cannabis, including the person's registry
entity until the destruction is approved by the criminal
justice agency. identification number or, if the person is not re-
quired to register under this chapter, a unique iden-
7. Form of payment. The department shall accept tifier assigned to the person;
payment of an administrative penalty imposed under C. A description of the cannabis plants or harvested
this section in the form of cash or a certified check or
cashier's check payable to the department. cannabis being transferred, including the amount
and form;
8. Suspension or revocation. The department may
D. The time and date of the transfer; and
suspend or revoke a registry identification card or reg-
istration certificate for violation of this chapter and the E. The destination of the cannabis plants or har-
rules adopted under this chapter for a period not to ex- vested cannabis.
The department may adopt rules to implement this sub-
section. Rules adopted pursuant to this subsection are
613
PUBLIC LAW, C. 365 FIRST SPECIAL SESSION - 2023
major substantive rules as defined in Title 5, chapter may refuse to renew the registry identification card or
375, subchapter 2‑A. registration certificate.
Sec. 22. 22 MRSA §2430-K is enacted to read: Sec. 23. 22 MRSA §2430-L is enacted to read:
§2430-K. Inspections; limitation §2430-L. Compliance check
The department may conduct inspections of regis- Notwithstanding section 2430-K and in accordance
tered caregivers, registered dispensaries, cannabis test- with section 2430-C, subsection 6-A, the department, or
ing facilities and manufacturing facilities in accordance an agent of the department, may enter the premises of a
with this section and rules adopted pursuant to this caregiver retail store or a dispensary to conduct a com-
chapter. The department may not conduct an inspection pliance check of the operation of the store or dispensary
of a qualifying patient or caregiver operating under sec- by attempting to purchase a nominal amount of canna-
tion 2423-A, subsection 3, paragraph C. bis for medical use. The department, or its agent, is not
required to identify affiliation with the department. Ev-
1. Criteria. The department shall maintain a pub-
licly accessible electronic version of the criteria for in- idence of a violation of this chapter or rules adopted
pursuant to this chapter must be handled pursuant to
spection of registered caregivers, registered dispensa- section 2430-I.
ries, cannabis testing facilities and manufacturing facil-
ities. Sec. 24. 22 MRSA §2430-M is enacted to read:
2. Access to premises. Notwithstanding any provi- §2430-M. Voluntary surrender and destruction
sion of law to the contrary, to ensure compliance with A registered caregiver, dispensary, cannabis testing
this chapter or in response to a complaint, the depart-
ment may inspect the premises where a registered care- facility or manufacturing facility may elect to voluntar-
ily surrender cannabis plants, cannabis or cannabis
giver, registered dispensary, cannabis testing facility or products to the department for destruction under the fol-
manufacturing facility conducts activity authorized un-
der this chapter, without notice during regular business lowing conditions.
hours or during hours of apparent activity, except that 1. Request. A registered caregiver's, dispensary's,
the department may not enter the dwelling unit of a reg- cannabis testing facility's or manufacturing facility's re-
istered caregiver if the registered caregiver is not quest to surrender cannabis plants, cannabis or cannabis
present and may inspect the area of a dwelling unit only products to the department for destruction must be
where activity authorized under this chapter occurs. made on a form made available by the department and
must be signed by a person who certifies that the person
3. Complaints. If the department conducts an in-
spection in response to a complaint, the department is an authorized representative of the registered care-
giver, dispensary, cannabis testing facility or manufac-
shall provide the registered caregiver, registered dispen- turing facility.
sary, cannabis testing facility or manufacturing facility
subject to the inspection a written statement of the sub- 2. Investigation or prosecution. The department
stance of the complaint at the time of the inspection. may decline to accept cannabis plants, cannabis or can-
nabis products for destruction under this section if the
4. Contamination prevention. The department department is aware of a pending investigation of the
shall develop and post on the department's publicly ac-
cessible website guidance on how a person conducting registered caregiver, dispensary, cannabis testing facil-
ity or manufacturing facility submitting the request until
inspections under this section can prevent contaminat- such time as the department confirms with the appropri-
ing the premises being inspected.
ate criminal justice agency that the cannabis plants, can-
5. Notification of unauthorized conduct. If dur- nabis or cannabis products are not part of an ongoing
ing an inspection the department finds evidence of a vi- investigation or prosecution.
olation of this chapter or rules adopted pursuant to this Sec. 25. 22 MRSA §2430-N is enacted to read:
chapter, the department shall, within one business day
of the completion of the inspection, provide written no- §2430-N. Report to the Legislature
tification of the identified violation to the registered By February 15th each year, the department shall
caregiver, registered dispensary, cannabis testing facil-
ity or manufacturing facility. Notice under this subsec- submit a report that does not disclose identifying infor-
mation about qualifying patients, cardholders or medi-
tion does not constitute final agency action. cal providers to the joint standing committee of the Leg-
6. Penalty. In addition to any other penalty islature having jurisdiction over medical cannabis mat-
authorized under this chapter, the registry identification ters that contains for the previous year unless otherwise
card or registration certificate of a registered caregiver, indicated, at a minimum:
registered dispensary, cannabis testing facility or man- 1. Applications and renewals. The number of ap-
ufacturing facility that refuses or willfully avoids 2 or
more inspections under this section may be suspended plications and renewals filed for registry identification
cards and registration certificates;
or revoked pursuant to section 2430-I or the department
614
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 366
2. Patients and caregivers. The number of quali- Sec. 2. 22 MRSA §3762, sub-§11, as enacted
fying patients and registered caregivers approved in by PL 1997, c. 530, Pt. A, §16, is amended to read:
each county;
11. Treatment of lump sum income. For the pur-
3. Suspensions or revocations. The number of pose of determining eligibility for and the amount of as-
registry identification cards suspended or revoked; sistance under TANF, the department shall treat any
nonrecurring lump sum income received by a family in
4. Medical providers. The number of medical pro- accordance with this subsection as an asset, and not as
viders providing written certifications for qualifying pa-
tients; income, in the month the lump sum payment is re-
ceived. To the extent that any nonrecurring lump sum
5. Dispensaries, manufacturing facilities and income remains after the month it was received, the de-
testing facilities. The number of registered dispensa- partment shall continue to consider the income as an as-
ries, manufacturing facilities and cannabis testing facil- set in accordance with this section.
ities approved in each county;
A. Nonrecurring lump sum income includes, but is
6. Officers, directors and assistants. The number not limited to, personal injury awards, lottery win-
of officers, directors and assistants of registered care- nings, inheritances and similar nonrecurring forms
givers and registered dispensaries, manufacturing facil- of income. It does not include income earmarked
ities and cannabis testing facilities; by the payor for particular expenses such as awards
7. Medical Use of Cannabis Fund. The revenue or insurance proceeds earmarked for medical ex-
penses, attorney's fees or the replacement of lost
and expenses of the Medical Use of Cannabis Fund es- property. Proceeds from the conversion of a
tablished in section 2430; and
nonliquid asset to a liquid asset must be treated as
8. Sales tax revenue. The sales tax revenue from an asset and not as nonrecurring lump sum income.
the sale of cannabis for medical use deposited into the
B. Up to $10,000 of nonrecurring lump sum in-
General Fund for the current and prior fiscal years. come must be disregarded as income and excluded
See title page for effective date. as an asset if used for the following purposes within
30 days of its receipt:
CHAPTER 366 (1) Deposit in a separate identifiable account,
approved by the department. Withdrawals
H.P. 592 - L.D. 945 from such an account may only be for the pur-
poses identified in subparagraphs (2) to (6) and
An Act to Allow Maine paragraph C;
Families to Increase Their
(2) Expenses for education or job training to
Savings by Changing the Asset attend an accredited or approved postsecond-
Limits for Eligibility for the ary education or training institution;
Temporary Assistance for
Needy Families Program (3) The purchase or repair of a home that is
the family's principal residence;
Be it enacted by the People of the State of Maine
as follows: (4) The purchase or repair of a vehicle used
for transportation to work or to attend an edu-
Sec. 1. 22 MRSA §3762, sub-§3, ¶A, as en- cation or training program;
acted by PL 1997, c. 530, Pt. A, §16, is amended to read:
(5) Capital to start a small business for any
A. The department shall adopt rules as necessary family member 18 years of age or older; or
to implement and administer the program. The
rules must include eligibility criteria, budgeting (6) Placement in a family development ac-
process, benefit calculation and confidentiality. count authorized by state law, to the extent that
For the purpose of determining eligibility for the total balance of such an account remains
TANF, the department shall impose an asset limit below $10,000.
of $10,000 per family and must exempt from the C. The department shall disregard from income
asset limit one vehicle for each licensed driver in and exclude as an asset nonrecurring lump sum in-
the family. The confidentiality rules must ensure come used within 30 days of receipt or money with-
that confidentiality is maintained for TANF recipi- drawn from an account established pursuant to par-
ents at least to the same extent that confidentiality agraph B, subparagraph (1) or (6), if it is used for
was maintained for families in the Aid to Families the purposes stated in paragraph B, subparagraphs
with Dependent Children program unless other- (2) to (6) or to meet the following needs:
wise required by federal law or regulation.
615
PUBLIC LAW, C. 367 FIRST SPECIAL SESSION - 2023
(1) Health care costs of a household member A. If the department determines that it did not
that are medically necessary and that are not cause the alleged damage to such the water supply,
covered by public or private insurance; a copy of the determination shall must be served by
(2) To address an emergency that may cause registered or certified mail or by personal service
as required for service of a summons on a com-
the loss of shelter, employment or other basic plaint in the Superior Court.
necessities; or
B. If the department determines that any damage
(3) To address other essential family needs ap-
proved by the department. to the privately owned water supply was caused by
the department constructing, reconstructing or
D. Nonrecurring lump sum income in excess of the maintaining the highway or storing salt, a copy of
asset limit established in the TANF program that is the determination shall must be served by regis-
used for purposes other than those enumerated in tered or certified mail or by personal service as re-
paragraphs B or C and nonrecurring lump sum in- quired for service of a summons on a complaint in
come in excess of $10,000 plus that asset limit must the Superior Court and the department shall set
be counted as income and cause the household to forth an offer of settlement which shall be either
be disqualified from receiving TANF assistance that offers:
under this chapter. The household is disqualified (1) To replace the water supply; or
for a period of months calculated by dividing the
income countable under this paragraph by the (2) To repair the damage to the water supply;
standard of need established by the department for or
the household.
(3) To pay a designated sum of money; or
See title page for effective date.
(4) To purchase the realty served by the water
supply in the event the cost of repair or re-
CHAPTER 367 placement of the water supply exceeds the ap-
praisal value of the realty.
H.P. 655 - L.D. 1019
C. The department may issue rules and regulations
An Act Regarding Water in accordance with standards of the Department of
Testing Related to Storage Health and Human Services and the United States
Facilities Department of Health and Human Services, Public
Health Service regarding water potability for the
Be it enacted by the People of the State of Maine determination of the degree of contamination, pol-
as follows: lution or fitness for domestic use.
Sec. 1. 23 MRSA §652, sub-§2, as amended by D. The department shall in its determination con-
PL 1987, c. 769, Pt. A, §84 and PL 2003, c. 689, Pt. B, sider the necessity for installation or replacement
§6, is further amended to read: of piping, tanks, pumps, heating systems or other
related fixtures. The Department of Transportation
2. Private water supplies. In the event an owner shall department may not condition installation or
of land adjacent to a state or state aid highway conceives replacement on the owner giving possession or title
or hydrogeologically downgradient from a state-owned of any privately owned piping, tanks, pumps, heat-
salt storage facility suspects that a private water supply ing systems or other related fixtures on his the land
on that land has been destroyed or rendered unfit for hu- to any agency of this State, unless agreed to by the
man consumption by the department constructing, re- property owner.
constructing or maintaining the a state or state aid high-
way or storing salt in a state-owned salt storage facility, E. If the department is unable to settle at what it
such the owner may apply in writing to the department deems determines to be a reasonable settlement, the
for a determination of the alleged cause and assessment department or owner may apply to the State Claims
of the damage and, if such the claim is founded on con- Commission in writing for a determination of the
struction, the owner shall present such the application alleged cause and assessment of the damage. The
within 24 months after the completion date of the work proceedings shall are then be the same as in con-
as that date appears in the records of the department. demnation cases.
The application shall must set forth the name and ad- F. This subsection shall does not apply to private
dress of the owner, the owner's source of title, the loca- water supplies after June 26, 1969 where the loca-
tion of the property, a description of the damage, the tion does not allow for or provide for adequate sur-
cause to which the damage is attributed and the name face drainage.
and address of any lien holder.
616
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 368
G. This subsection shall does not apply to private limited to, a municipal police department, a sher-
water supplies now located or hereafter located iff's department, the State Police, a university or
within the right-of-way limits. college police department and the Department of
H. This subsection shall does not apply to any pri- Public Safety.
vate water supply damaged by construction, recon- C. "Law enforcement officer" means a state,
struction or maintenance which of the highway or county or municipal official or an official of a fed-
the storage of salt that the department determines erally recognized Indian tribe responsible for en-
to have already been contaminated or polluted by forcing criminal, immigration or customs laws, in-
another source to the degree said the contamination cluding, but not limited to, a law enforcement of-
or pollution would have rendered it unfit for human ficer who possesses a valid certificate issued by the
consumption. Board of Trustees of the Maine Criminal Justice
Academy pursuant to Title 25, section 2803-A.
I. With respect to a private water supply located on
land that is adjacent to a state or state aid highway 2. Required civil rights officer. A law enforce-
or is hydrogeologically downgradient from a ment agency shall select, assign and secure training for
state-owned salt storage facility, the department, on a civil rights officer, notify the Attorney General of the
the request of the landowner, shall arrange for and name and contact information for the civil rights officer
pay the cost of testing the private water supply for and notify the Attorney General of any change in as-
any contaminants that may derive from the depart- signment of the civil rights officer as soon as practicable
ment constructing, reconstructing or maintaining a after the change is made. The law enforcement agency
state or state aid highway or storing salt in a shall make the contact information for the civil rights
state-owned salt storage facility. officer publicly available.
For purposes of this subsection, "hydrogeologically PART B
downgradient" means that a location receives ground-
water from another location. Sec. B-1. 5 MRSA c. 337-D, headnote is
amended to read:
See title page for effective date.
CHAPTER 337-D
PROFILING AND DATA COLLECTION
CHAPTER 368
Sec. B-2. 5 MRSA §4751, sub-§3 is enacted to
H.P. 1038 - L.D. 1613 read:
An Act to Prohibit Profiling 3. Profiling. "Profiling" means the consideration
and to Strengthen Civil Rights of or reliance on, to any degree, actual or perceived
in Maine race, color, sex, sexual orientation, gender identity,
physical or mental disability, religion, ancestry or na-
Be it enacted by the People of the State of Maine tional origin, age or familial status in deciding which
as follows: persons to subject to a traffic or pedestrian stop or in
deciding the scope or substance of law enforcement ac-
PART A tivities following a traffic or pedestrian stop. "Profiling"
Sec. A-1. 5 MRSA §4684-C is enacted to read: does not mean consideration of or reliance on charac-
teristics provided in a specific suspect description. For
§4684-C. Civil rights officers purposes of this subsection, "activities following a traf-
1. Definitions. For the purposes of this section, fic or pedestrian stop" include, but are not limited to,
unless the context otherwise indicates, the following asking questions of a person, frisking a person, conduct-
terms have the following meanings. ing consensual and nonconsensual searches of a person
or property, seizing of property, requiring vehicle occu-
A. "Civil rights officer" means a law enforcement pants to exit a vehicle during a traffic stop, issuing a
officer who has received special training approved citation and making an arrest.
by the Attorney General in identifying and investi-
gating civil rights violations. Sec. B-3. 5 MRSA §4755 is enacted to read:
B. "Law enforcement agency" means an agency in §4755. Profiling prohibited
the State charged with enforcement of state, In enforcing the laws of this State, a law enforce-
county, municipal or federal laws or laws of a fed- ment officer or law enforcement agency may not en-
erally recognized Indian tribe, with the prevention, gage in profiling. Violations of this section are not en-
detection or investigation of criminal, immigration forceable under chapter 337-B but may form the basis
or customs laws or with managing custody of de- of disciplinary proceedings by the Board of Trustees of
tained persons in the State and includes, but is not the Maine Criminal Justice Academy to suspend or to
revoke any certification issued by the board pursuant to
617
PUBLIC LAW, C. 369 FIRST SPECIAL SESSION - 2023
Title 25, section 2806-A, subsection 5, paragraph J or chapter. The report must include an analysis of the in-
to take other action the board determines to be appro- formation and may include recommendations for
priate pursuant to Title 25, section 2806-A, subsection changes in laws, rules and practices. Information re-
6. ported may not include personally identifiable infor-
mation.
PART C
Sec. C-1. 5 MRSA §4752, sub-§1, as enacted Sec. C-4. Retroactivity. This Part applies ret-
roactively to December 31, 2022.
by PL 2021, c. 460, §1, is amended to read:
See title page for effective date.
1. Information collected. Beginning July 1, 2023
2024, a law enforcement agency shall record and retain
the following information regarding traffic infractions CHAPTER 369
occurring in this State:
H.P. 1045 - L.D. 1620
A. The number of persons stopped for traffic in-
fractions; An Act to Amend the Laws
B. Characteristics of race, color, ethnicity, gender Regarding the Mi'kmaq Nation
and age of each person described in paragraph A. and to Provide Parity to the
The identification of such characteristics must be Wabanaki Nations
based on the observation and perception of the law
enforcement officer responsible for reporting the Be it enacted by the People of the State of Maine
stop. The person stopped may not be required to as follows:
provide the information; PART A
C. The nature of each alleged traffic infraction that Sec. A-1. PL 1989, c. 148, §3 is repealed and
resulted in a stop; the following enacted in its place:
D. Whether a warning or citation was issued, an Sec. 3. 30 MRSA c. 603 is enacted to read:
arrest was made or a search was conducted as a re-
sult of each stop for a traffic infraction; and CHAPTER 603
E. Any additional information the law enforcement MI'KMAQ NATION RESTORATION ACT
agency determines appropriate. The additional in- §7201. Short title
formation may not include any other personally
identifiable information about a person stopped for This Act may be known and cited as "The Mi'kmaq
a traffic infraction such as the person's driver's li- Nation Restoration Act."
cense number, name or address. §7202. Legislative findings and declaration of policy
Sec. C-2. 5 MRSA §4753, sub-§1, as enacted The Legislature finds and declares the following.
by PL 2021, c. 460, §1, is amended to read:
The Mi'kmaq Nation, previously known as the
1. Adoption of rules. By January 1, 2023 2024, Aroostook Band of Micmacs, as represented as of the
the Attorney General shall adopt rules for the recording, effective date of this chapter by the Mi'kmaq Nation
retention and reporting of information pursuant to sec- Tribal Council, is the sole successor in interest, as to
tion 4752 pertaining to persons stopped for traffic in- lands within the United States, to the aboriginal entity
fractions. The information must include the character- generally known as the Mi'kmaq Nation that years ago
istics of race, color, ethnicity, gender and age of the per- claimed aboriginal title to certain lands in the State.
sons stopped, based on the observation and perception
of the law enforcement officer making the stop. Rules The Mi'kmaq Nation was not referred to in the fed-
adopted pursuant to this subsection are routine technical eral Maine Indian Claims Settlement Act of 1980, Pub-
rules as defined in chapter 375, subchapter 2‑A. lic Law 96-420.
Sec. C-3. 5 MRSA §4754, as enacted by PL There exist aboriginal lands in the State jointly
2021, c. 460, §1, is amended to read: used by the Mi'kmaq Nation and other tribes to which
the Mi'kmaq Nation could have asserted aboriginal title
§4754. Report; publication of data but for the extinguishment of all such claims by the fed-
Beginning January 15, 2024 2025 and annually eral Maine Indian Claims Settlement Act of 1980, Pub-
thereafter, the Attorney General shall provide to the lic Law 96-420.
joint standing committees of the Legislature having ju- In 1991, the United States formally recognized the
risdiction over judiciary matters and criminal justice Mi'kmaq Nation as a sovereign government to whom it
and public safety matters and make available to the pub- owed a special trust relationship by enacting the federal
lic a report of the information collected pursuant to this Aroostook Band of Micmacs Settlement Act, Public
Law 102-171.
618
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 369
Section 6(d) of the federal Aroostook Band of Mic- §7204. Laws of State to apply to Indian Lands
macs Settlement Act, Public Law 102-171, authorized
the State of Maine and the Mi'kmaq Nation to execute Except as otherwise provided in this Act, the
Mi'kmaq Nation and all members of the Mi'kmaq Na-
agreements regarding the State's jurisdiction over lands tion in the State and any lands or other natural resources
owned by or held in trust for the benefit of the Mi'kmaq
Nation or any citizen of the nation and provided the ad- owned by them or held in trust for them by the United
States or by any other person or entity are subject to the
vance consent of the United States to amendments of laws of the State and to the civil and criminal jurisdic-
the state Micmac Settlement Act in Public Law 1989,
chapter 148 for this purpose. tion of the courts of the State to the same extent as any
other person or lands or other natural resources in the
The State of Maine and the Mi'kmaq Nation agree State.
and intend that this Act constitutes a jurisdictional §7205. Powers and duties of Mi'kmaq Nation within
agreement pursuant to Section 6(d) of the federal
Aroostook Band of Micmacs Settlement Act, Public Mi'kmaq Nation Jurisdiction Land
Law 102-171, that amends the state Micmac Settlement 1. Sovereign status. The State recognizes that the
Act, originally enacted in Public Law 1989, chapter Mi'kmaq Nation predates the State of Maine and the
148. United States and possesses the power and authority to
§7203. Definitions self-govern as limited by the Aroostook Band of Mic-
macs Settlement Act and this Act.
As used in this Act, unless the context otherwise
2. General powers. Except as otherwise provided
indicates, the following terms have the following mean- in this Act, the Mi'kmaq Nation, within Mi'kmaq Nation
ings.
Jurisdiction Land, may, separate and distinct from the
1. Aroostook Band of Micmacs Settlement Act. State, exercise exclusive jurisdiction, including by en-
"Aroostook Band of Micmacs Settlement Act" means acting ordinances, over internal tribal matters, including
the federal Aroostook Band of Micmacs Settlement membership in the nation, the right to reside within
Act, Public Law 102–171. Mi'kmaq Nation Jurisdiction Land, tribal organization,
tribal government and tribal elections and the exercise
2. Lands or other natural resources. "Lands or
other natural resources" means any real property or nat- of power pursuant to section 7206, subsection 8, section
7207 and section 7208, subsection 1, paragraph F and
ural resources, or any interest in or right involving any such matters are not subject to regulation by the State.
real property or natural resources, including, but not
limited to, minerals and mineral rights, timber and tim- Pursuant to the Mi'kmaq Nation's power and authority
to self-govern, the Mi'kmaq Nation has the same, and
ber rights, water and water rights and hunting and fish- no more, power to enact ordinances within Mi'kmaq
ing rights.
Nation Jurisdiction Land as municipalities have within
3. Laws of the State. "Laws of the State" means the State. The Mi'kmaq Nation shall designate such of-
the Constitution of Maine and all statutes, rules or reg- ficers and officials as are necessary to implement and
ulations and the common law of the State and its politi- administer those laws of the State applicable to
cal subdivisions, and subsequent amendments thereto or Mi'kmaq Nation Jurisdiction Land and the residents
judicial interpretations thereof. thereof. Any resident of Mi'kmaq Nation Jurisdiction
4. Mi'kmaq Nation. "Mi'kmaq Nation" has the Land who is not a member of the nation is equally enti-
tled to receive any municipal or governmental services
same meaning as "Band" in Section 3(1) of the provided by the nation or by the State, except those ser-
Aroostook Band of Micmacs Settlement Act.
vices that are provided exclusively to members of the
5. Mi'kmaq Nation Jurisdiction Land. "Mi'kmaq nation pursuant to state or federal law, and are entitled
Nation Jurisdiction Land" means: to vote in national, state and county elections in the
A. All Mi'kmaq Nation Trust Land that exists as of same manner as any tribal member residing within
Mi'kmaq Nation Jurisdiction Land.
the effective date of this subsection; and
3. Power to sue and be sued. The Mi'kmaq Nation
B. All Mi'kmaq Nation Trust Land acquired after and its members may sue and be sued in the courts of
the effective date of this subsection that is both
within Aroostook County and within 50 miles of the State to the same extent as any other entity or person
in the State except that the nation and its officers and
land described in paragraph A. employees are immune from suit when the nation is act-
6. Mi'kmaq Nation Trust Land. "Mi'kmaq Na- ing in its governmental capacity to the same extent as
tion Trust Land" has the same meaning as "Band Trust municipalities or like officers or employees thereof
Land" in Section 3(3) of the Aroostook Band of Mic- within the State.
macs Settlement Act. 4. Ordinances. The Mi'kmaq Nation has the right
7. Secretary. "Secretary" means the United States to exercise exclusive jurisdiction within Mi'kmaq Na-
Secretary of the Interior. tion Jurisdiction Land over violations by members of
619
PUBLIC LAW, C. 369 FIRST SPECIAL SESSION - 2023
any federally recognized Indian tribe, nation, band or Mi'kmaq Nation must be available, at all times, for in-
other group of tribal ordinances adopted by the nation spection and examination by the commissioner.
pursuant to this section or section 7206. The decision to
3. Sustenance fishing within Mi'kmaq Nation
exercise or terminate the jurisdiction authorized by this Jurisdiction Land. Subject to the limitations of subsec-
section must be made by the Mi'kmaq Nation Tribal
Council. If the nation chooses not to exercise, or to ter- tion 5 and notwithstanding any other provision of state
law to the contrary, the members of the Mi'kmaq Nation
minate its exercise of, jurisdiction as authorized by this may take fish for their individual sustenance within the
section or section 7206, the State has exclusive jurisdic-
tion over violations of the nation's tribal ordinances by boundaries of Mi'kmaq Nation Jurisdiction Land to the
same extent as authorized under section 6207, subsec-
members of any federally recognized Indian tribe, na- tion 4.
tion, band or other group within Mi'kmaq Nation Juris-
diction Land. The State has exclusive jurisdiction over 4. Posting. Lands or waters subject to regulation by
violations of the nation's tribal ordinances by persons the Mi'kmaq Nation must be conspicuously posted in
not members of any federally recognized Indian tribe, such a manner as to provide reasonable notice to the
nation, band or other group except as provided in sec- public of the limitations on hunting, trapping, fishing or
tion 7208. other use of those lands or waters.
§7206. Regulation of natural resources 5. Supervision by Commissioner of Inland Fish-
eries and Wildlife. The Commissioner of Inland Fish-
1. Adoption of hunting, trapping and fishing or- eries and Wildlife, or the commissioner's successor, is
dinances by Mi'kmaq Nation. Subject to the limita-
tions of subsection 5, the Mi'kmaq Nation has exclusive entitled to conduct fish and wildlife surveys within
Mi'kmaq Nation Jurisdiction Land to the same extent as
authority within Mi'kmaq Nation Jurisdiction Land to the commissioner is authorized to conduct such surveys
enact ordinances regulating:
in other areas of the State. Before conducting any such
A. Hunting, trapping or other taking of wildlife; survey, the commissioner shall provide reasonable ad-
and vance notice to the Mi'kmaq Nation and afford the na-
B. Taking of fish on any pond in which all the tion a reasonable opportunity to participate in that sur-
vey. If the commissioner, at any time, has reasonable
shoreline and all submerged lands are wholly grounds to believe that a tribal ordinance adopted under
within Mi'kmaq Nation Jurisdiction Land and that
is less than 10 acres in surface area. this section, or the absence of such a tribal ordinance, is
adversely affecting or is likely to adversely affect the
Ordinances under this subsection must be equally appli- stock of any fish or wildlife on lands or waters outside
cable, on a nondiscriminatory basis, to all persons re- the boundaries of lands or waters subject to regulation
gardless of whether a person is a member of the by the Mi'kmaq Nation, the commissioner shall inform
Mi'kmaq Nation except that, subject to the limitations the governing body of the nation of the commissioner's
of subsection 5, ordinances under this subsection may opinion and attempt to develop appropriate remedial
include special provisions for the sustenance of the in- standards in consultation with the nation. If such efforts
dividual members of the Mi'kmaq Nation. In addition to fail, the commissioner may call a public hearing to in-
the authority provided by this subsection, the Mi'kmaq vestigate the matter further. Any such hearing must be
Nation, subject to the limitations of subsection 5, may conducted in a manner consistent with the laws of the
exercise within Mi'kmaq Nation Trust Land all the State applicable to adjudicative hearings. If, after a
rights incident to ownership of land under the laws of hearing, the commissioner determines that any such
the State. tribal ordinance or the absence of a tribal ordinance is
causing, or there is a reasonable likelihood that it will
2. Registration stations. The Mi'kmaq Nation
shall establish and maintain registration stations for the cause, a significant depletion of fish or wildlife stocks
on lands or waters outside the boundaries of lands or
purpose of registering bear, moose, deer and other wild- waters subject to regulation by the Mi'kmaq Nation, the
life killed within Mi'kmaq Nation Jurisdiction Land and
shall adopt ordinances requiring registration of such commissioner may adopt appropriate remedial
measures including rescission of any such tribal ordi-
wildlife to the extent and in substantially the same man- nance and, in lieu thereof, order the enforcement of the
ner as such wildlife are required to be registered under
the laws of the State. These ordinances requiring regis- generally applicable laws or rules of the State. In adopt-
ing any remedial measures, the commissioner shall use
tration must be equally applicable to all persons without the least restrictive means possible to prevent a substan-
distinction based on tribal membership. The Mi'kmaq
Nation shall report the deer, moose, bear and other wild- tial diminution of the stocks in question and shall take
into consideration the effect that non-Indian practices
life killed and registered within Mi'kmaq Nation Juris- on non-Indian lands or waters are having on those
diction Land to the Commissioner of Inland Fisheries
and Wildlife at such times as the commissioner consid- stocks. The remedial measures adopted by the commis-
sioner may not be more restrictive than those that the
ers appropriate. The records of registration of the commissioner could impose if the area in question was
not within Mi'kmaq Nation Jurisdiction Land.
620
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 369
In any administrative proceeding under this section, the Code, Section 300j-11, and its implementing regula-
commissioner has the burden of proof. The decision of tions, as amended, within Mi'kmaq Nation Jurisdiction
the commissioner may be appealed in the manner pro- Land and may otherwise benefit from and exercise ju-
vided by the laws of the State for judicial review of ad- risdiction under any other federal law enacted after Oc-
ministrative action and may be sustained only if sup- tober 10, 1980 that permits a federally recognized In-
ported by substantial evidence. dian tribe to administer drinking water-related pro-
6. Transportation of game. Fish lawfully taken grams; and
within Mi'kmaq Nation Jurisdiction Land and wildlife 2. Administration of drinking water-related
lawfully taken within Mi'kmaq Nation Jurisdiction programs does not affect or preempt state law. The
Land and registered pursuant to ordinances adopted by application of any provision of the federal Safe Drink-
the Mi'kmaq Nation may be transported within the ing Water Act and its implementing regulations, as
State. amended, and of any other federal law enacted after Oc-
tober 10, 1980 that permits a federally recognized In-
7. Fish. As used in this section, "fish" means a
cold-blooded, completely aquatic vertebrate animal dian tribe to administer drinking water-related pro-
grams and the enforcement of such laws and regulations
having permanent fins, gills and an elongated stream- by the Mi'kmaq Nation under subsection 1 does not af-
lined body usually covered with scales and includes in-
land fish and anadromous and catadromous fish when fect or preempt the laws of the State.
in inland water. Notwithstanding any other provision of this sec-
tion, the Mi'kmaq Nation's jurisdiction does not extend
8. Regulation of drinking water. Unless the beyond Mi'kmaq Nation Jurisdiction Land.
Mi'kmaq Nation, in its discretion, enters into an inter-
governmental agreement authorizing the State to exer- §7208. Jurisdiction of the Mi'kmaq Tribal Court
cise concurrent jurisdiction over specific drinking 1. Exclusive jurisdiction over certain matters.
water-related issues within Mi'kmaq Nation Jurisdic-
tion Land: Except as provided in subsections 5 and 6, the Mi'kmaq
Nation has the right to exercise exclusive jurisdiction,
A. The Mi'kmaq Nation has exclusive authority to separate and distinct from the State, over:
enact ordinances regulating drinking water within A. Criminal offenses for which the maximum po-
Mi'kmaq Nation Jurisdiction Land;
tential term of imprisonment is less than one year
B. The State may not exercise primary enforcement and the maximum potential fine does not exceed
authority from the United States Environmental $5,000 and that are committed on Mi'kmaq Nation
Protection Agency to implement the federal Safe Jurisdiction Land by a member of any federally
Drinking Water Act and its implementing regula- recognized Indian tribe, nation, band or other
tions, as amended, within Mi'kmaq Nation Juris- group, except when committed against a person
diction Land; and who is not a member of any federally recognized
Indian tribe, nation, band or other group or against
C. The Mi'kmaq Nation may seek to be treated as a the property of a person who is not a member of
state and to obtain primary enforcement authority
from the United States Environmental Protection any federally recognized Indian tribe, nation, band
or other group;
Agency to implement the federal Safe Drinking
Water Act and its implementing regulations, as B. Juvenile crimes against a person or property in-
amended, within Mi'kmaq Nation Jurisdiction volving conduct that, if committed by an adult,
Land. would fall within the exclusive jurisdiction of the
Mi'kmaq Nation under paragraph A, and juvenile
Notwithstanding any other provision of this subsection, crimes, as defined in Title 15, section 3103, sub-
the Mi'kmaq Nation's jurisdiction does not extend be-
yond Mi'kmaq Nation Jurisdiction Land. section 1, paragraphs B and C, committed by a ju-
venile member of the Mi'kmaq Nation, the Passa-
§7207. Jurisdiction of Mi'kmaq Nation over drink- maquoddy Tribe, the Houlton Band of Maliseet In-
ing water within Mi'kmaq Nation Jurisdiction dians or the Penobscot Nation within Mi'kmaq Na-
Land tion Jurisdiction Land;
Notwithstanding any provision of state law to the C. Civil actions between members of the Mi'kmaq
contrary, pursuant to the Aroostook Band of Micmacs Nation, the Passamaquoddy Tribe, the Houlton
Settlement Act, Section 6(d), the State and the Mi'kmaq Band of Maliseet Indians or the Penobscot Nation
Nation agree and establish that: arising on Mi'kmaq Nation Jurisdiction Land and
cognizable as small claims under the laws of the
1. Jurisdiction of Mi'kmaq Nation to administer
drinking water-related programs. The Mi'kmaq Na- State and civil actions against a member of the
Mi'kmaq Nation, the Passamaquoddy Tribe, the
tion may seek to be treated as a state pursuant to the Houlton Band of Maliseet Indians or the Penobscot
federal Safe Drinking Water Act, 42 United States
621
PUBLIC LAW, C. 369 FIRST SPECIAL SESSION - 2023
Nation under Title 22, section 2383 involving con- committed by a person who is not a member of any fed-
duct within Mi'kmaq Nation Jurisdiction Land by a erally recognized Indian tribe, nation, band or other
member of the Mi'kmaq Nation, the Passama- group against the person or property of a person who is
quoddy Tribe, the Houlton Band of Maliseet Indi- not a member of any federally recognized Indian tribe,
ans or the Penobscot Nation; nation, band or other group.
D. Indian child custody proceedings to the extent The governing body of the Mi'kmaq Nation shall decide
authorized by applicable state and federal law; whether to exercise or terminate the exercise of juris-
E. Other domestic relations matters, including mar- diction authorized by this subsection. Notwithstanding
subsection 3, the Mi'kmaq Nation may not deny to any
riage, divorce and support, between members of criminal defendant prosecuted under this subsection the
the Mi'kmaq Nation, the Passamaquoddy Tribe, the
Houlton Band of Maliseet Indians or the Penobscot right to a jury of 12, the right to a unanimous jury ver-
dict, the rights and protections enumerated in 25 United
Nation, both of whom reside within Mi'kmaq Na- States Code, Sections 1302(a), 1302(c), 1303 and
tion Jurisdiction Land; and
1304(d) and all other rights whose protection is neces-
F. Notwithstanding any other provision of this sub- sary under the United States Constitution in order for
section, civil and criminal actions regarding the en- the State to authorize concurrent jurisdiction under this
forcement of ordinances enacted pursuant to sec- subsection. If a criminal defendant prosecuted under
tion 7206, subsection 8, except that the Mi'kmaq this subsection moves to suppress statements on the
Nation may not exercise jurisdiction over a non- ground that they were made involuntarily, the prosecu-
profit public municipal corporation. tion has the burden to prove beyond a reasonable doubt
that the statements were made voluntarily.
The governing body of the Mi'kmaq Nation shall decide
whether to exercise or terminate the exercise of the ex- In exercising the concurrent jurisdiction authorized by
clusive jurisdiction authorized by this subsection. The this subsection, the Mi'kmaq Nation is deemed to be en-
decision to exercise, to terminate the exercise of or to forcing Mi'kmaq tribal law. The definitions of the crim-
reassert the exercise of jurisdiction under each of the inal offenses and the punishments applicable to those
subject areas described by paragraphs A to F may be criminal offenses over which the Mi'kmaq Nation has
made separately. Until the Mi'kmaq Nation notifies the concurrent jurisdiction under this subsection are gov-
Attorney General that the nation has decided to exercise erned by the laws of the State. Issuance and execution
exclusive jurisdiction set forth in any or all of the para- of criminal process also are governed by the laws of the
graphs in this subsection, the State has exclusive juris- State.
diction over those matters. If the Mi'kmaq Nation
chooses not to exercise, or chooses to terminate its ex- 3. Definitions of crimes; tribal procedures. In ex-
ercising its exclusive jurisdiction under subsection 1,
ercise of, jurisdiction over the criminal, juvenile, civil paragraphs A and B, the Mi'kmaq Nation is deemed to
and domestic matters described in this subsection, the
State has exclusive jurisdiction over those matters. be enforcing Mi'kmaq tribal law. The definitions of the
criminal offenses and juvenile crimes and the punish-
When the Mi'kmaq Nation chooses to reassert the exer- ments applicable to those criminal offenses and juvenile
cise of exclusive jurisdiction over any or all of the areas
under paragraphs A to F, the nation must first provide crimes over which the Mi'kmaq Nation has exclusive
jurisdiction under this section are governed by the laws
30 days' notice to the Attorney General. Except as pro- of the State. Issuance and execution of criminal process
vided in paragraphs A and B, all laws of the State relat-
ing to criminal offenses and juvenile crimes apply are also governed by the laws of the State. The proce-
dures for the establishment and operation of tribal fo-
within Mi'kmaq Nation Jurisdiction Land and the State rums created to effectuate the purposes of this section
has exclusive jurisdiction over those offenses and
crimes. are governed by federal statute, including, without lim-
itation, the provisions of 25 United States Code, Sec-
2. Concurrent jurisdiction over certain criminal tions 1301 to 1303 and rules or regulations generally
offenses. The Mi'kmaq Nation has the right to exercise applicable to the exercise of criminal jurisdiction by In-
jurisdiction, concurrently with the State, over the fol- dian tribes on federal Indian reservations.
lowing Class D crimes committed by a person within
4. Criminal records, juvenile records and fin-
Mi'kmaq Nation Jurisdiction Land or on lands taken gerprinting. At the arraignment of a criminal defen-
into trust by the secretary for the benefit of the Mi'kmaq
Nation, now or in the future, for which the potential dant, the Mi'kmaq Tribal Court shall inquire whether
fingerprints have been taken or whether arrangements
maximum term of imprisonment does not exceed one have been made for fingerprinting. If neither has oc-
year and the potential fine does not exceed $2,000: Title
17-A, sections 207-A, 209-A, 210-B, 210-C and 211-A curred, the Mi'kmaq Tribal Court shall instruct both the
responsible law enforcement agency and the person
and Title 19-A, section 4011. The concurrent jurisdic- charged as to their respective obligations in this regard,
tion authorized by this subsection does not include an
offense committed by a juvenile or a criminal offense consistent with Title 25, section 1542-A.
622
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 369
At the conclusion of a criminal or juvenile proceeding §7209. Law enforcement within Mi'kmaq Nation Ju-
within the Mi'kmaq Nation's exclusive or concurrent ju- risdiction Land
risdiction, except for a violation of Title 12 or Title
1. Exclusive authority of Mi'kmaq Nation law
29-A that is a Class D or Class E crime other than a enforcement officers. Law enforcement officers ap-
Class D crime that involves hunting while under the in-
fluence of intoxicating liquor or drugs or with an exces- pointed by the Mi'kmaq Nation have exclusive author-
ity to enforce, within Mi'kmaq Nation Jurisdiction
sive alcohol level or the operation or attempted opera- Land, the criminal, juvenile, civil and domestic rela-
tion of a watercraft, all-terrain vehicle, snowmobile or
motor vehicle while under the influence of intoxicating tions laws over which the Mi'kmaq Nation has exclu-
sive jurisdiction under section 7208, subsection 1, and
liquor or drugs or with an excessive alcohol level, the to enforce, on Mi'kmaq Nation Jurisdiction Land, ordi-
Mi'kmaq Tribal Court shall transmit to the Department
of Public Safety, State Bureau of Identification an ab- nances adopted under section 7205 and section 7206,
subsection 1.
stract duly authorized on forms provided by the bureau.
2. Joint authority of Mi'kmaq Nation and state
5. Lesser included offenses in state courts. In any law enforcement officers. Law enforcement officers
criminal proceeding in the courts of the State in which
a criminal offense under the exclusive jurisdiction of appointed by the Mi'kmaq Nation and state and county
law enforcement officers have the authority within
the Mi'kmaq Nation constitutes a lesser included of- Mi'kmaq Nation Jurisdiction Land to enforce all laws of
fense of the criminal offense charged, the defendant
may be convicted in the courts of the State of the lesser the State other than those over which the Mi'kmaq Na-
tion has exclusive jurisdiction under section 7208, sub-
included offense. A lesser included offense is as defined section 1.
under the laws of the State.
3. Agreements for cooperation and mutual aid.
6. Double jeopardy, collateral estoppel. A prose-
cution for a criminal offense or juvenile crime over This section does not prevent the Mi'kmaq Nation and
any state, county or local law enforcement agency from
which the Mi'kmaq Nation has exclusive jurisdiction entering into agreements for cooperation and mutual
under this section does not bar a prosecution for a crim-
inal offense or juvenile crime, arising out of the same aid.
conduct, over which the State has exclusive jurisdiction. 4. Powers and training requirements. Law en-
A prosecution for a criminal offense over which the forcement officers appointed by the Mi'kmaq Nation
Mi'kmaq Nation has concurrent jurisdiction under this possess the same powers and are subject to the same
section does not bar a prosecution for a criminal of- duties, limitations and training requirements as other
fense, arising out of the same conduct, over which the corresponding law enforcement officers under the laws
State has exclusive jurisdiction. A prosecution for a of the State.
criminal offense over which the State has concurrent ju- 5. Reports to the State Bureau of Identification
risdiction under this section does not bar a prosecution
for a criminal offense, arising out of the same conduct, by Mi'kmaq Nation. Mi'kmaq Nation law enforcement
agencies shall submit to the Department of Public
over which the Mi'kmaq Nation has exclusive jurisdic- Safety, State Bureau of Identification uniform crime re-
tion. A prosecution for a criminal offense or juvenile
crime over which the State has exclusive jurisdiction ports and other information required by Title 25, section
1544.
does not bar a prosecution for a criminal offense or ju-
venile crime, arising out of the same conduct, over §7210. Eligibility of Mi'kmaq Nation and state fund-
which the Mi'kmaq Nation has exclusive jurisdiction ing
under this section. The determination of an issue of fact 1. Eligibility for discretionary funds. The
in a criminal or juvenile proceeding conducted in a
Mi'kmaq tribal forum does not constitute collateral es- Mi'kmaq Nation is eligible to apply for any federally
funded discretionary state grants or loans to the same
toppel in a criminal or juvenile proceeding conducted in extent and subject to the same eligibility requirements,
a state court. The determination of an issue of fact in a
criminal or juvenile proceeding conducted in a state including availability of funds, applicable to municipal-
ities in the State.
court does not constitute collateral estoppel in a crimi-
nal or juvenile proceeding conducted in a Mi'kmaq 2. Eligibility of individuals for state funds. Resi-
tribal forum. dents of Mi'kmaq Nation Trust Land are eligible for and
7. Full faith and credit. The State shall give full entitled to receive any state grant, loan, unemployment
compensation, medical or welfare benefit or other so-
faith and credit to the judicial proceedings of the cial service to the same extent as and subject to the same
Mi'kmaq Nation. The Mi'kmaq Nation shall give full
faith and credit to the judicial proceedings of the Passa- eligibility requirements applicable to other persons in
the State as long as in computing the extent to which
maquoddy Tribe, the Penobscot Nation, the Houlton any person is entitled to receive any such funds any
Band of Maliseet Indians and the State.
money received by the person from the United States
within substantially the same period of time for which
623
PUBLIC LAW, C. 369 FIRST SPECIAL SESSION - 2023
state funds are provided and for a program or purpose and the Revisor of Statutes shall implement this revi-
substantially similar to that funded by the State is de- sion when updating, publishing or republishing the stat-
ducted in computing any payment to be made by the utes.
State. Sec. A-5. Contingent effective date. This Part
Sec. A-2. PL 1989, c. 148, §4 is amended to takes effect 120 days after adjournment of the First Spe-
read: cial Session of the 131st Legislature only if, within 90
days after adjournment of the First Special Session of
Sec. 4. Effective date. This Act shall be effective the 131st Legislature, the Secretary of State receives
only if:
written certification from the Mi'kmaq Nation Tribal
1. The United States enacts legislation: Council that the Mi'kmaq Nation has agreed to the pro-
A. Ratifying and approving this Act without modi- visions of this Part, copies of which must be submitted
by the Secretary of State to the Secretary of the Senate,
fication; and the Clerk of the House and the Revisor of Statutes. Such
B. Providing the consent of the United States for written certification by the Mi'kmaq Nation Tribal
amendments to this Act, with respect to the Council does not constitute an agreement that the con-
Aroostook Band of Micmacs, provided that such tingency in Public Law 1989, chapter 148, section 4,
amendment of this Act is made with the agreement subsection 2, as it was enacted by the 114th Legislature,
of the Aroostook Band of Micmacs; and was met or that the provisions of Public Law 1989,
chapter 148 took effect in 1991.
2. Within 60 days of adjournment of the Legisla-
ture, the Secretary of State receives written certification PART B
by the Council of the Aroostook Band of Micmacs that Sec. B-1. 30 MRSA §6207, sub-§10, as en-
the band has agreed to this Act, copies of which shall be
submitted by the Secretary of State to the Secretary of acted by PL 2021, c. 650, §8 and affected by §13, is
amended to read:
the Senate and the Clerk of the House of Representa-
tives, provided that in no event shall this Act become 10. Regulation of drinking water by Passama-
effective until 90 days after adjournment of the Legis- quoddy Tribe. Unless the Passamaquoddy Tribe, in its
lature. Within 90 days after adjournment of the First discretion, enters into an intergovernmental agreement
Special Session of the 131st Legislature, the Secretary authorizing the State to exercise concurrent jurisdiction
of State receives written certification from the Mi’kmaq over specific drinking water-related issues within the
Nation Tribal Council that the Mi’kmaq Nation has Passamaquoddy Indian territory:
agreed to the provisions of this amendment to this Act,
copies of which must be submitted by the Secretary of A. The Passamaquoddy Tribe has exclusive au-
thority to enact ordinances regulating drinking wa-
State to the Secretary of the Senate, the Clerk of the ter within Passamaquoddy Indian territory;
House and the Revisor of Statutes.
B. The State may not exercise primary enforce-
Sec. A-3. PL 1989, c. 148, §5 is enacted to read: ment authority from the United States Environmen-
Sec. 5. Finding and intent of Legislature tal Protection Agency to implement the federal
and Mi’kmaq Nation. Safe Drinking Water Act and its implementing reg-
1. The Legislature and the Mi’kmaq Nation agree ulations, as amended, within the Passamaquoddy
Indian territory; and
and find that the contingency in section 4, subsection 1
was met on November 26, 1991 upon the enactment of C. The Passamaquoddy Tribe may seek to be
the federal Aroostook Band of Micmacs Settlement treated as a state and to obtain primary enforcement
Act, Public Law 102-171. authority from the United States Environmental
Protection Agency to implement the federal Safe
2. The State of Maine and the Mi'kmaq Nation fur- Drinking Water Act and its implementing regula-
ther agree and intend that the provisions of this Act must
be interpreted in a manner consistent with the analogous tions, as amended, within the Passamaquoddy In-
dian territory.
provisions of the Act to Implement the Maine Indian
Claims Settlement in the Maine Revised Statutes, Title Notwithstanding any other provision of this subsection,
30, chapter 601 that apply to the Passamaquoddy Tribe, the Passamaquoddy Tribe's jurisdiction does not extend
the Penobscot Nation and the Houlton Band of Maliseet beyond the Passamaquoddy Indian territory.
Indians.
Sec. B-2. 30 MRSA §6209-A, sub-§1, as
Sec. A-4. Maine Revised Statutes amended; amended by PL 2021, c. 650, §§10 to 12 and affected
revision clause. Wherever in the Maine Revised Stat- by c. 650, §13, is further amended to read:
utes the words "Aroostook Band of Micmacs" appear or
reference is made to that entity or those words, those
words are amended to read or mean "Mi'kmaq Nation"
624
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 369
1. Exclusive jurisdiction over certain matters. tion 6207, subsection 10, except that the Passama-
Except as provided in subsections 3 and 4, the Passama- quoddy Tribe may not exercise jurisdiction over a
quoddy Tribe has the right to exercise exclusive juris- nonprofit public municipal corporation, including,
diction, separate and distinct from the State, over: but not limited to, the water district established by
Private and Special Law 1983, chapter 25.
A. Criminal offenses for which the maximum po-
tential term of imprisonment is less than one year The governing body of the Passamaquoddy Tribe shall
and the maximum potential fine does not exceed decide whether to exercise or terminate the exercise of
$5,000 and that are committed on the Indian reser- the exclusive jurisdiction authorized by this subsection.
vation of the within Passamaquoddy Tribe Indian If the Passamaquoddy Tribe chooses not to exercise, or
territory by a member of any federally recognized chooses to terminate its exercise of, jurisdiction over the
Indian tribe, nation, band or other group, except criminal, juvenile, civil and domestic matters described
when committed against a person who is not a in this subsection, the State has exclusive jurisdiction
member of any federally recognized Indian tribe, over those matters. Except as provided in paragraphs A
nation, band or other group or against the property and B, all laws of the State relating to criminal offenses
of a person who is not a member of any federally and juvenile crimes apply within the Passamaquoddy
recognized Indian tribe, nation, band or other Indian reservation territory and the State has exclusive
group; jurisdiction over those offenses and crimes.
B. Juvenile crimes against a person or property in- Sec. B-3. 30 MRSA §6209-A, sub-§6 is en-
volving conduct that, if committed by an adult, acted to read:
would fall within the exclusive jurisdiction of the
6. Full faith and credit. The State shall give full
Passamaquoddy Tribe under paragraph A, and ju- faith and credit to the judicial proceedings of the Passa-
venile crimes, as defined in Title 15, section 3103,
subsection 1, paragraphs B and C, committed by a maquoddy Tribe. The Passamaquoddy Tribe shall give
full faith and credit to the judicial proceedings of the
juvenile member of the Passamaquoddy Tribe, the Penobscot Nation, the Houlton Band of Maliseet Indi-
Houlton Band of Maliseet Indians, the Mi'kmaq
Nation or the Penobscot Nation on the reservation ans, the Mi'kmaq Nation and the State.
of the within Passamaquoddy Tribe Indian terri- Sec. B-4. Contingent effective date. This Part
tory; takes effect 120 days after adjournment of the First Spe-
cial Session of the 131st Legislature only if, within 90
C. Civil actions between members of the Passama-
quoddy Tribe, the Houlton Band of Maliseet Indi- days after adjournment of the First Special Session of
the 131st Legislature, the Secretary of State receives
ans, the Mi'kmaq Nation or the Penobscot Nation written certification from the Joint Tribal Council of the
arising on the Indian reservation of the within Pas-
samaquoddy Tribe Indian territory and cognizable Passamaquoddy Tribe that the Passamaquoddy Tribe
has agreed to the provisions of this Part, copies of which
as small claims under the laws of the State, and must be submitted by the Secretary of State to the Sec-
civil actions against a member of the Passama-
quoddy Tribe, the Houlton Band of Maliseet Indi- retary of the Senate, the Clerk of the House and the Re-
visor of Statutes.
ans, the Mi'kmaq Nation or the Penobscot Nation
under Title 22, section 2383 involving conduct on PART C
the within Passamaquoddy Indian reservation of
the Passamaquoddy Tribe territory by a member of
Sec. C-1. 30 MRSA §6206, sub-§1, as
amended by PL 2021, c. 650, §5 and affected by §13, is
the Passamaquoddy Tribe, the Houlton Band of
Maliseet Indians, the Mi'kmaq Nation or the Pe- further amended to read:
nobscot Nation; 1. General powers. Except as otherwise provided
in this Act, the Passamaquoddy Tribe and the Penobscot
D. Indian child custody proceedings to the extent Nation, within their respective Indian territories, shall
authorized by applicable state and federal law;
have, and may exercise and enjoy all the rights, privi-
E. Other domestic relations matters, including leges, powers and immunities, including, but without
marriage, divorce and support, between members limitation, the power to enact ordinances and collect
of the Passamaquoddy Tribe, the Houlton Band of taxes, and shall be are subject to all the duties, obliga-
Maliseet Indians, the Mi'kmaq Nation or the Pe- tions, liabilities and limitations of a municipality of and
nobscot Nation, both of whom reside within the In- subject to the laws of the State, provided, however, that
dian reservation of the Passamaquoddy Tribe In- internal tribal matters, including membership in the re-
dian territory; and spective tribe or nation, the right to reside within the re-
spective Indian territories, tribal organization, tribal
F. Notwithstanding any other provision of this sub-
section, civil and criminal actions regarding the en- government, tribal elections, the use or disposition of
settlement fund income and the exercise of power by
forcement of ordinances enacted pursuant to sec- the Passamaquoddy Tribe pursuant to section 6207,
625
PUBLIC LAW, C. 369 FIRST SPECIAL SESSION - 2023
subsection 10, section 6207‑A and section 6209‑A, sub- 6(e)(1), the State and the Penobscot Nation agree and
section 1, paragraph F shall and by the Penobscot Na- establish that:
tion pursuant to section 6207, subsection 11, section
1. Jurisdiction of Penobscot Nation to adminis-
6207-B and section 6209-B, subsection 1, paragraph F, ter drinking water-related programs. The Penobscot
respectively, is not be subject to regulation by the State.
The Passamaquoddy Tribe and the Penobscot Nation Nation may seek to be treated as a state pursuant to the
federal Safe Drinking Water Act, 42 United States
shall designate such officers and officials as are neces- Code, Section 300j-11, and its implementing regula-
sary to implement and administer those laws of the State
applicable to the respective Indian territories and the tions, as amended, within the Penobscot Indian territory
and may otherwise benefit from and exercise jurisdic-
residents thereof. Any resident of the Passamaquoddy tion under any other federal law enacted after October
Indian territory or the Penobscot Indian territory who is
not a member of the respective tribe or nation nonethe- 10, 1980 that permits a federally recognized Indian tribe
to administer drinking water-related programs; and
less shall be is equally entitled to receive any municipal
or governmental services provided by the respective 2. Administration of drinking water-related
tribe or nation or by the State, except those services programs does not affect or preempt state law. The
which that are provided exclusively to members of the application of any provision of the federal Safe Drink-
respective tribe or nation pursuant to state or federal ing Water Act and its implementing regulations, as
law, and shall be is entitled to vote in national, state and amended, and of any other federal law enacted after Oc-
county elections in the same manner as any tribal mem- tober 10, 1980 that permits a federally recognized In-
ber residing within Indian territory. dian tribe to administer drinking water-related pro-
grams and the enforcement of such laws and regulations
Sec. C-2. 30 MRSA §6207, sub-§11 is enacted by the Penobscot Nation under subsection 1 does not
to read:
affect or preempt the laws of the State.
11. Regulation of drinking water by Penobscot
Notwithstanding any other provision of this sec-
Nation. Unless the Penobscot Nation, in its discretion, tion, the Penobscot Nation's jurisdiction does not extend
enters into an intergovernmental agreement authorizing
the State to exercise concurrent jurisdiction over spe- beyond the Penobscot Indian territory.
cific drinking water-related issues within the Penobscot Sec. C-4. 30 MRSA §6209-B, sub-§1, as cor-
Indian territory: rected by RR 2009, c. 1, §19, is amended to read:
A. The Penobscot Nation has exclusive authority 1. Exclusive jurisdiction over certain matters.
to enact ordinances regulating drinking water Except as provided in subsections 3 and 4, the Pe-
within Penobscot Indian territory; nobscot Nation has the right to exercise exclusive juris-
diction, separate and distinct from the State, over:
B. The State may not exercise primary enforce-
ment authority from the United States Environmen- A. Criminal offenses for which the maximum po-
tal Protection Agency to implement the federal tential term of imprisonment does not exceed one
Safe Drinking Water Act and its implementing reg- year and the maximum potential fine does not ex-
ulations, as amended, within the Penobscot Indian ceed $5,000 and that are committed on the Indian
territory; and reservation of the within Penobscot Nation Indian
C. The Penobscot Nation may seek to be treated as territory by a member of any federally recognized
Indian tribe, nation, band or other group, except
a state and to obtain primary enforcement authority when committed against a person who is not a
from the United States Environmental Protection
Agency to implement the federal Safe Drinking member of any federally recognized Indian tribe,
nation, band or other group or against the property
Water Act and its implementing regulations, as of a person who is not a member of any federally
amended, within Penobscot Indian territory.
recognized Indian tribe, nation, band or other
Notwithstanding any other provision of this subsection, group;
the Penobscot Nation's jurisdiction does not extend be-
B. Juvenile crimes against a person or property in-
yond the Penobscot Indian territory. volving conduct that, if committed by an adult,
Sec. C-3. 30 MRSA §6207-B is enacted to would fall within the exclusive jurisdiction of the
read: Penobscot Nation under paragraph A, and juvenile
crimes, as defined in Title 15, section 3103, sub-
§6207-B. Jurisdiction of Penobscot Nation over
drinking water within the Penobscot Indian section 1, paragraphs B and C, committed by a ju-
venile member of either the Passamaquoddy Tribe,
territory the Houlton Band of Maliseet Indians, the Mi'kmaq
Notwithstanding any provision of state law to the Nation or the Penobscot Nation on the Indian res-
contrary, pursuant to the federal Maine Indian Claims ervation of the within Penobscot Nation Indian ter-
Settlement Act of 1980, Public Law 96-420, Section ritory;
626
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 369
C. Civil actions between members of either the of the Penobscot Nation that the nation has agreed to the
Passamaquoddy Tribe, the Houlton Band of provisions of this Part, copies of which must be submit-
Maliseet Indians, the Mi'kmaq Nation or the Pe- ted by the Secretary of State to the Secretary of the Sen-
nobscot Nation arising on the Indian reservation of ate, the Clerk of the House and the Revisor of Statutes.
the within Penobscot Nation Indian territory and
cognizable as small claims under the laws of the PART D
State, and civil actions against a member of either Sec. D-1. 30 MRSA §6203, sub-§1-A is en-
the Passamaquoddy Tribe, the Houlton Band of acted to read:
Maliseet Indians, the Mi'kmaq Nation or the Pe-
1-A. Houlton Band Jurisdiction Land. "Houlton
nobscot Nation under Title 22, section 2383 involv- Band Jurisdiction Land" means:
ing conduct on the Indian reservation of the within
Penobscot Nation Indian territory by a member of A. All Houlton Band Trust Land that exists as of
either the Passamaquoddy Tribe, the Houlton Band the effective date of this subsection; and
of Maliseet Indians, the Mi'kmaq Nation or the Pe-
nobscot Nation; B. All Houlton Band Trust Land acquired after the
effective date of this subjection that is both within
D. Indian child custody proceedings to the extent Aroostook County and within 50 miles of land de-
authorized by applicable state and federal law; and scribed in paragraph A.
E. Other domestic relations matters, including Sec. D-2. 30 MRSA §6203, sub-§2-A, as en-
marriage, divorce and support, between members acted by PL 1981, c. 675, §§1 and 8, is repealed and the
of either the Passamaquoddy Tribe, the Houlton following enacted in its place:
Band of Maliseet Indians, the Mi'kmaq Nation or 2-A. Houlton Band Trust Land. "Houlton Band
the Penobscot Nation, both of whom reside on the
Indian reservation of the within Penobscot Nation. Trust Land" has the same meaning as "Houlton Band
trust land" in Section 2(2) of the federal Houlton Band
Indian territory; and of Maliseet Indians Supplementary Claims Settlement
F. Notwithstanding any other provision of this sub- Act of 1986, Public Law 99-566.
section, civil and criminal actions regarding the en-
forcement of ordinances enacted pursuant to sec- Sec. D-3. 30 MRSA §6206-B, sub-§1, as en-
acted by PL 2005, c. 310, §1 and affected by §2, is
tion 6207, subsection 11, except that the Penobscot amended to read:
Nation may not exercise jurisdiction over a non-
profit public municipal corporation. 1. Appointment of tribal law enforcement offi-
The governing body of the Penobscot Nation shall de- cers. The Houlton Band of Maliseet Indians may ap-
point law enforcement officers who have the authority
cide whether to exercise or terminate the exercise of the to enforce all the laws of the State within the Houlton
exclusive jurisdiction authorized by this subsection. If
the Penobscot Nation chooses not to exercise, or Band Trust Land. Law enforcement officers appointed
by the Houlton Band of Maliseet Indians have exclusive
chooses to terminate its exercise of, jurisdiction over the authority to enforce, within Houlton Band Jurisdiction
criminal, juvenile, civil and domestic matters described
in this subsection, the State has exclusive jurisdiction Land, the criminal, juvenile, civil and domestic rela-
tions laws over which the Houlton Band of Maliseet In-
over those matters. Except as provided in paragraphs A dians has exclusive jurisdiction under section 6209-C,
and B, all laws of the State relating to criminal offenses
and juvenile crimes apply within the Penobscot Indian subsection 1, and to enforce, on Houlton Band Jurisdic-
tion Land, ordinances adopted under section 6207-C,
reservation territory and the State has exclusive juris- subsection 1. This section does not limit the existing
diction over those offenses and crimes.
authority of tribal officers under tribal law or affect the
Sec. C-5. 30 MRSA §6209-B, sub-§6 is en- performance of federal duties by tribal officers.
acted to read:
Sec. D-4. 30 MRSA §6207-C is enacted to
6. Full faith and credit. The State shall give full read:
faith and credit to the judicial proceedings of the Pe- §6207-C. Regulation of natural resources on Houl-
nobscot Nation. The Penobscot Nation shall give full
faith and credit to the judicial proceedings of the Passa- ton Band Jurisdiction Land
maquoddy Tribe, the Houlton Band of Maliseet Indians, 1. Adoption of hunting, trapping and fishing or-
the Mi'kmaq Nation and the State. dinances by the Houlton Band of Maliseet Indians.
Subject to the limitations of subsection 6, the Houlton
Sec. C-6. Contingent effective date. This Part Band of Maliseet Indians has exclusive authority within
takes effect 120 days after adjournment of the First Spe-
Houlton Band Jurisdiction Land to enact ordinances
cial Session of the 131st Legislature only if, within 90 regulating:
days after adjournment of the First Special Session of
the 131st Legislature, the Secretary of State receives A. Hunting, trapping or other taking of wildlife;
written certification from the Governor and the Council and
627
PUBLIC LAW, C. 369 FIRST SPECIAL SESSION - 2023
B. Taking of fish on any pond in which all the in the State and the ecological interrelationship between
shoreline and all submerged lands are wholly the fishery regulated by the commission and other fish-
within Houlton Band Jurisdiction Land and that is eries throughout the State. Such regulation may include,
less than 10 acres in surface area. without limitation, provisions on the method, manner,
bag and size limits and season for fishing.
Ordinances under this subsection must be equally appli-
cable, on a nondiscriminatory basis, to all persons re- Said rules or regulations must be equally applicable on
gardless of whether a person is a member of the Houlton a nondiscriminatory basis to all persons regardless of
Band of Maliseet Indians except that, subject to the lim- whether such person is a member of the Houlton Band
itations of subsection 6, ordinances under this subsec- of Maliseet Indians. Rules and regulations adopted by
tion may include special provisions for the sustenance the commission may include the imposition of fees and
of the individual members of the Houlton Band of permits or license requirements on users of such waters
Maliseet Indians. In addition to the authority provided other than members of the Houlton Band of Maliseet
by this subsection, the Houlton Band of Maliseet Indi- Indians. In adopting rules or regulations pursuant to this
ans, subject to the limitations of subsection 6, may ex- subsection, the commission shall comply with the
ercise within Houlton Band Trust Land all the rights in- Maine Administrative Procedure Act.
cident to ownership of land under the laws of the State.
In order to provide an orderly transition of regulatory
2. Registration stations. The Houlton Band of authority, all fishing laws and rules and regulations of
Maliseet Indians shall establish and maintain registra- the State remain applicable to all waters specified in this
tion stations for the purpose of registering bear, moose, subsection until the commission certifies to the Com-
deer and other wildlife killed within Houlton Band Ju- missioner of Inland Fisheries and Wildlife that the com-
risdiction Land and shall adopt ordinances requiring mission has met and voted to adopt its own rules and
registration of such wildlife to the extent and in substan- regulations in substitution for such laws and rules of the
tially the same manner as such wildlife are required to State.
be registered under the laws of the State. These ordi- 4. Sustenance fishing within Houlton Band Ju-
nances requiring registration must be equally applicable
to all persons without distinction based on tribal mem- risdiction Land. Subject to the limitations of subsec-
tion 6 and notwithstanding any other provision of state
bership. The Houlton Band of Maliseet Indians shall re- law to the contrary, the members of the Houlton Band
port the deer, moose, bear and other wildlife killed and
registered within Houlton Band Jurisdiction Land to the of Maliseet Indians may take fish for their individual
sustenance within the boundaries of Houlton Band Ju-
Commissioner of Inland Fisheries and Wildlife at such risdiction Land to the same extent as authorized under
times as the commissioner considers appropriate. The
records of registration of the Houlton Band of Maliseet section 6207, subsection 4.
Indians must be available, at all times, for inspection 5. Posting. Lands or waters subject to regulation
and examination by the commissioner. by the commission or the Houlton Band of Maliseet In-
dians must be conspicuously posted in such a manner as
3. Adoption of regulations by commission. Sub-
ject to the limitations of subsection 6, the commission to provide reasonable notice to the public of the limita-
tions on hunting, trapping, fishing or other use of the
has exclusive authority to adopt fishing rules or regula- lands or waters.
tions on:
6. Supervision by Commissioner of Inland Fish-
A. Any pond other than those specified in subsec-
tion 1, paragraph B, 50% or more of the linear eries and Wildlife. The Commissioner of Inland Fish-
eries and Wildlife, or the commissioner's successor, is
shoreline of which is within Houlton Band Juris- entitled to conduct fish and wildlife surveys within
diction Land;
Houlton Band Jurisdiction Land and on waters subject
B. Any section of a river or stream, both sides of to the jurisdiction of the commission to the same extent
which are within Houlton Band Jurisdiction Land; as the commissioner is authorized to conduct surveys in
and other areas of the State. Before conducting any such sur-
vey, the commissioner shall provide reasonable ad-
C. Any section of a river or stream one side of vance notice to the Houlton Band of Maliseet Indians
which is within Houlton Band Jurisdiction Land for
a continuous length of 1/2 mile or more. and afford it a reasonable opportunity to participate in
such survey. If the commissioner, at any time, has rea-
In adopting such rules or regulations the commission sonable grounds to believe that a tribal ordinance or
shall consider and balance the need to preserve and pro- commission rule adopted under this section, or the ab-
tect existing and future sport and commercial fisheries, sence of such a tribal ordinance or commission rule, is
the historical non-Indian fishing interests, the needs or adversely affecting or is likely to adversely affect the
desires of the band to establish fishery practices for the stock of any fish or wildlife on lands or waters outside
sustenance of the band or to contribute to the economic the boundaries of land or waters subject to regulation by
independence of the band, the traditional fishing tech- the commission or the Houlton Band of Maliseet Indi-
niques employed by and ceremonial practices of Indians ans, the commissioner shall inform the governing body
628
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 369
of the band or the commission, as is appropriate, of the 10. Regulation of drinking water. Unless the
commissioner's opinion and attempt to develop appro- Houlton Band of Maliseet Indians, in its discretion, en-
priate remedial standards in consultation with the band ters into an intergovernmental agreement authorizing
or the commission. If such efforts fail, the commis- the State to exercise concurrent jurisdiction over spe-
sioner may call a public hearing to investigate the mat- cific drinking water-related issues within Houlton Band
ter further. Any such hearing must be conducted in a Jurisdiction Land:
manner consistent with the laws of the State applicable A. The Houlton Band of Maliseet Indians has ex-
to adjudicative hearings. If, after hearing, the commis-
sioner determines that any such ordinance or rule, or the clusive authority to enact ordinances regulating
drinking water within Houlton Band Jurisdiction
absence of an ordinance or rule, is causing, or there is a Land;
reasonable likelihood that it will cause, a significant de-
pletion of fish or wildlife stocks on lands or waters out- B. The State may not exercise primary enforcement
side the boundaries of lands or waters subject to regula- authority from the United States Environmental
tion by the Houlton Band of Maliseet Indians or the Protection Agency to implement the federal Safe
commission, the commissioner may adopt appropriate Drinking Water Act and its implementing regula-
remedial measures including rescission of any such or- tions, as amended, within Houlton Band Jurisdic-
dinance or rule and, in lieu thereof, order the enforce- tion Land; and
ment of the generally applicable laws or rules of the
C. The Houlton Band of Maliseet Indians may seek
State. In adopting any remedial measures the commis- to be treated as a state and to obtain primary en-
sioner shall use the least restrictive means possible to
prevent a substantial diminution of the stocks in ques- forcement authority from the United States Envi-
ronmental Protection Agency to implement the fed-
tion and shall take into consideration the effect that non- eral Safe Drinking Water Act and its implementing
Indian practices on non-Indian lands or waters are hav-
ing on those stocks. The remedial measures adopted by regulations, as amended, within Houlton Band Ju-
risdiction Land.
the commissioner may not be more restrictive than
those that the commissioner could impose if the area in Notwithstanding any other provision of this subsection,
question was not within Houlton Band Jurisdiction the Houlton Band of Maliseet Indians' jurisdiction does
Land or waters subject to commission regulation. not extend beyond Houlton Band Jurisdiction Land.
In any administrative proceeding under this section the Sec. D-5. 30 MRSA §6207-D is enacted to
commissioner has the burden of proof. The decision of read:
the commissioner may be appealed in the manner pro-
§6207-D. Jurisdiction of the Houlton Band of
vided by the laws of the State for judicial review of ad- Maliseet Indians over drinking water
ministrative action and may be sustained only if sup-
ported by substantial evidence. within Houlton Band Jurisdiction Land
7. Transportation of game. Fish lawfully taken Notwithstanding any provision of state law to the
contrary, pursuant to the federal Maine Indian Claims
within Houlton Band Jurisdiction Land or in waters Settlement Act of 1980, Public Law 96-420, Section
subject to commission regulation and wildlife lawfully
taken within Houlton Band Jurisdiction Land and regis- 6(e)(2), the State and the Houlton Band of Maliseet In-
dians agree and establish that:
tered pursuant to ordinances adopted by the Houlton
Band of Maliseet Indians, may be transported within the 1. Jurisdiction of Houlton Band of Maliseet In-
State. dians to administer drinking water-related pro-
8. Fish and wildlife on non-Indian lands. The grams. The Houlton Band of Maliseet Indians may
seek to be treated as a state pursuant to the federal Safe
commission shall undertake appropriate studies, consult Drinking Water Act, 42 United States Code, Section
with the Houlton Band of Maliseet Indians and land-
owners and state officials, and make recommendations 300j-11, and its implementing regulations, as amended,
within Houlton Band Jurisdiction Land and may other-
to the commissioner and the Legislature with respect to wise benefit from and exercise jurisdiction under any
implementation of fish and wildlife management poli-
cies on non-Indian lands in order to protect fish and other federal law enacted after October 10, 1980 that
permits a federally recognized Indian tribe to administer
wildlife stocks on lands and water subject to regulation drinking water-related programs; and
by the Houlton Band of Maliseet Indians or the com-
mission. 2. Administration of drinking water-related
9. Fish. As used in this section, the term "fish" programs does not affect or preempt state law. The
application of any provision of the federal Safe Drink-
means a cold-blooded, completely aquatic vertebrate ing Water Act and its implementing regulations, as
animal having permanent fins, gills and an elongated
streamlined body usually covered with scales and in- amended, and of any other federal law enacted after Oc-
tober 10, 1980 that permits a federally recognized In-
cludes inland fish and anadromous and catadromous dian tribe to administer drinking water-related pro-
fish when in inland water.
grams and the enforcement of such laws and regulations
629
PUBLIC LAW, C. 369 FIRST SPECIAL SESSION - 2023
by the Houlton Band of Maliseet Indians under subsec- E. Other domestic relations matters, including
tion 1 does not affect or preempt the laws of the State. marriage, divorce and support, between members
of the Houlton Band of Maliseet Indians, the Pas-
Notwithstanding any other provision of this sec-
tion, the Houlton Band of Maliseet Indians' jurisdiction samaquoddy Tribe, the Penobscot Nation or the
Mi'kmaq Nation, both of whom reside within the
does not extend beyond Houlton Band Jurisdiction Houlton Band Jurisdiction Land.; and
Land.
F. Notwithstanding any other provision of this sub-
Sec. D-6. 30 MRSA §6209-C, as corrected by section, civil and criminal actions regarding the en-
RR 2011, c. 1, §45, is amended to read:
forcement of ordinances enacted pursuant to sec-
§6209-C. Jurisdiction of the Houlton Band of tion 6207-C, subsection 10, except that the Houlton
Maliseet Indians Tribal Court Band of Maliseet Indians may not exercise jurisdic-
tion over a nonprofit public municipal corporation.
1. Exclusive jurisdiction over certain matters.
Except as provided in subsections 3 and 4, the Houlton The governing body of the Houlton Band of Maliseet
Band of Maliseet Indians has the right to exercise ex- Indians shall decide whether to exercise or terminate the
clusive jurisdiction, separate and distinct from the State, exercise of the exclusive jurisdiction authorized by this
over: subsection. The decision to exercise, to terminate the
exercise of or to reassert the exercise of jurisdiction un-
A. Criminal offenses for which the maximum po-
tential term of imprisonment does not exceed one der each of the subject areas described by paragraphs A
to E F may be made separately. Until the Houlton Band
year and the maximum potential fine does not ex- of Maliseet Indians notifies the Attorney General that
ceed $5,000 and that are committed on the Houlton
Band Jurisdiction Land by a member of the Houl- the band has decided to exercise exclusive jurisdiction
set forth in any or all of the paragraphs in this subsec-
ton Band of Maliseet Indians any federally recog- tion, the State has exclusive jurisdiction over those mat-
nized Indian tribe, nation, band or other group, ex-
cept when committed against a person who is not a ters. If the Houlton Band of Maliseet Indians chooses
not to exercise or chooses to terminate its exercise of
member of the Houlton Band of Maliseet Indians exclusive jurisdiction set forth in any or all of the para-
any federally recognized Indian tribe, nation, band
or other group or against the property of a person graphs in this subsection, the State has exclusive juris-
diction over those matters until the Houlton Band of
who is not a member of the Houlton Band of Maliseet Indians chooses to exercise its exclusive juris-
Maliseet Indians any federally recognized Indian
tribe, nation, band or other group; diction. When the Houlton Band of Maliseet Indians
chooses to reassert the exercise of exclusive jurisdiction
B. Juvenile crimes against a person or property in- over any or all of the areas of the exclusive jurisdiction
volving conduct that, if committed by an adult, authorized by this subsection it must first provide 30
would fall within the exclusive jurisdiction of the days' notice to the Attorney General. Except as provided
Houlton Band of Maliseet Indians under paragraph in subsections 2 and 3 paragraphs A and B, all laws of
A and juvenile crimes, as defined in Title 15, sec- the State relating to criminal offenses and juvenile
tion 3103, subsection 1, paragraphs B and C, com- crimes apply within the Houlton Band Trust Land and
mitted by a juvenile member of the Houlton Band the State has exclusive jurisdiction over those offenses
of Maliseet Indians on the, the Passamaquoddy and crimes.
Tribe, the Penobscot Nation or the Mi'kmaq Nation
within Houlton Band Jurisdiction Land; 1-A. Exclusive jurisdiction over Penobscot Na-
tion members. The Houlton Band of Maliseet Indians
C. Civil actions between members of the Houlton has the right to exercise exclusive jurisdiction, separate
Band of Maliseet Indians, the Passamaquoddy and distinct from the State, over:
Tribe, the Penobscot Nation or the Mi'kmaq Nation
arising on the Houlton Band Jurisdiction Land and A. Criminal offenses for which the maximum po-
tential term of imprisonment does not exceed one
cognizable as small claims under the laws of the year and the maximum potential fine does not ex-
State and civil actions against a member of the
Houlton Band of Maliseet Indians, the Passama- ceed $5,000 and that are committed on the Houlton
Band Jurisdiction Land by a member of the Pe-
quoddy Tribe, the Penobscot Nation or the nobscot Nation against a member or property of a
Mi'kmaq Nation under Title 22, section 2383 in-
volving conduct on the within Houlton Band Juris- member of those federally recognized Indian tribes
otherwise subject to the exclusive jurisdiction of
diction Land by a member of the Houlton Band of the Houlton Band of Maliseet Indians under this
Maliseet Indians, the Passamaquoddy Tribe, the
Penobscot Nation or the Mi'kmaq Nation; subsection, and by a member of those federally rec-
ognized Indian tribes otherwise subject to the ex-
D. Indian child custody proceedings to the extent clusive jurisdiction of the Houlton Band of
authorized by applicable state and federal law; and Maliseet Indians under this subsection against a
630
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 369
member or the property of a member of the Pe- Houlton Band of Maliseet Indians under paragraph
nobscot Nation; A and juvenile crimes, as defined in Title 15, sec-
tion 3103, subsection 1, paragraphs B and C, com-
B. Juvenile crimes against a person or property in-
volving conduct that, if committed by an adult, mitted by a juvenile member of the Passama-
quoddy Tribe on the Houlton Band Jurisdiction
would fall within the exclusive jurisdiction of the Land;
Houlton Band of Maliseet Indians under paragraph
A and juvenile crimes, as defined in Title 15, sec- C. Civil actions between a member of those feder-
tion 3103, subsection 1, paragraphs B and C, com- ally recognized Indian tribes otherwise subject to
mitted by a juvenile member of the Penobscot Na- the exclusive jurisdiction of the Houlton Band of
tion on the Houlton Band Jurisdiction Land; Maliseet Indians under this subsection and mem-
C. Civil actions between a member of those feder- bers of the Passamaquoddy Tribe arising on the
Houlton Band Jurisdiction Land and cognizable as
ally recognized Indian tribes otherwise subject to small claims under the laws of the State and civil
the exclusive jurisdiction of the Houlton Band of
Maliseet Indians under this subsection and mem- actions against a member of the Passamaquoddy
Tribe under Title 22, section 2383 involving con-
bers of the Penobscot Nation arising on the Houlton duct on the Houlton Band Jurisdiction Land by a
Band Jurisdiction Land and cognizable as small
claims under the laws of the State and civil actions member of the Passamaquoddy Tribe;
against a member of the Penobscot Nation under D. Indian child custody proceedings to the extent
Title 22, section 2383 involving conduct on the authorized by applicable federal law; and
Houlton Band Jurisdiction Land by a member of
E. Other domestic relations matters, including
the Penobscot Nation; marriage, divorce and support, between members
D. Indian child custody proceedings to the extent of either those federally recognized Indian tribes
authorized by applicable federal law; and otherwise subject to the exclusive jurisdiction of
the Houlton Band of Maliseet Indians under this
E. Other domestic relations matters, including
marriage, divorce and support, between members subsection or the Passamaquoddy Tribe, both of
whom reside on the Houlton Band Jurisdiction
of either those federally recognized Indian tribes Land.
otherwise subject to the exclusive jurisdiction of
the Houlton Band of Maliseet Indians under this The Houlton Band of Maliseet Indians may assert, ter-
subsection or the Penobscot Nation, both of whom minate or reassert exclusive jurisdiction over these ar-
reside on the Houlton Band Jurisdiction Land. eas as described in subsection 1.
The Houlton Band of Maliseet Indians may assert, ter- 2. Definitions of crimes; tribal procedures. In
minate or reassert exclusive jurisdiction over these ar- exercising its exclusive jurisdiction under subsection 1,
eas as described in subsection 1. paragraphs A and B, the Houlton Band of Maliseet In-
dians is deemed to be enforcing tribal law of the Houl-
1-B. Exclusive jurisdiction over Passama- ton Band of Maliseet Indians. The definitions of the
quoddy Tribe members. The Houlton Band of
Maliseet Indians has the right to exercise exclusive ju- criminal offenses and juvenile crimes and the punish-
ments applicable to those criminal offenses and juvenile
risdiction, separate and distinct from the State, over: crimes over which the Houlton Band of Maliseet Indi-
A. Criminal offenses for which the maximum po- ans has exclusive jurisdiction under this section are
tential term of imprisonment does not exceed one governed by the laws of the State. Issuance and execu-
year and the maximum potential fine does not ex- tion of criminal process are also governed by the laws
ceed $5,000 and that are committed on the Houlton of the State. The procedures for the establishment and
Band Jurisdiction Land by a member of the Passa- operation of tribal forums created to effectuate the pur-
maquoddy Tribe against a member or property of a poses of this section are governed by federal statute, in-
member of those federally recognized Indian tribes cluding, without limitation, the provisions of 25 United
otherwise subject to the exclusive jurisdiction of States Code, Sections 1301 to 1303 and rules and regu-
the Houlton Band of Maliseet Indians under this lations generally applicable to the exercise of criminal
subsection, and by a member of those federally rec- jurisdiction by Indian tribes on federal Indian reserva-
ognized Indian tribes otherwise subject to the ex- tions.
clusive jurisdiction of the Houlton Band of
2-A. Criminal records, juvenile records and fin-
Maliseet Indians under this subsection against a gerprinting. At the arraignment of a criminal defen-
member or the property of a member of the Passa-
maquoddy Tribe; dant, the Houlton Band of Maliseet Indians Tribal Court
shall inquire whether fingerprints have been taken or
B. Juvenile crimes against a person or property in- whether arrangements have been made for fingerprint-
volving conduct that, if committed by an adult, ing. If neither has occurred, the Houlton Band of
would fall within the exclusive jurisdiction of the
631
PUBLIC LAW, C. 369 FIRST SPECIAL SESSION - 2023
Maliseet Indians Tribal Court shall instruct both the re- B. Lands transferred from F. Douglas Lowrey to
sponsible law enforcement agency and the person the United States of America in trust for the Houl-
charged as to their respective obligations in this regard, ton Band of Maliseet Indians, located in Houlton
consistent with Title 25, section 1542‑A. and Littleton, Aroostook County and recorded in
the Aroostook County South Registry of Deeds in
At the conclusion of a criminal or juvenile proceeding Book 2847, Page 114.
within the Houlton Band of Maliseet Indians' exclusive
or concurrent jurisdiction, except for a violation of Title The designation of Houlton Band Jurisdiction Land in
12 or Title 29‑A that is a Class D or Class E crime other this subsection in no way affects the acquisition of ad-
than a Class D crime that involves hunting while under ditional Houlton Band Trust Land pursuant to applica-
the influence of intoxicating liquor or drugs or with an ble federal and state law, nor limits the Houlton Band
excessive alcohol level or the operation or attempted of Maliseet Indians from making additional requests
operation of a watercraft, all-terrain vehicle, that portions of the trust land be included in this subsec-
snowmobile or motor vehicle while under the influence tion.
of intoxicating liquor or drugs or with an excessive al- 6. Effective date; full Full faith and credit. This
cohol level, the Houlton Band of Maliseet Indians
Tribal Court shall transmit to the Department of Public section takes effect only if the The State, the Passama-
quoddy Tribe and the Penobscot Nation agree to shall
Safety, State Bureau of Identification an abstract duly give full faith and credit to the judicial proceedings of
authorized on forms provided by the bureau.
the Houlton Band of Maliseet Indians and the. The
3. Lesser included offenses in state courts. In Houlton Band of Maliseet Indians agrees to shall give
any criminal proceeding in the courts of the State in full faith and credit to the judicial proceedings of the
which a criminal offense under the exclusive jurisdic- State, the Passamaquoddy Tribe and, the Penobscot Na-
tion of the Houlton Band of Maliseet Indians constitutes tion, the Mi'kmaq Nation and the State.
a lesser included offense of the criminal offense
charged, the defendant may be convicted in the courts
Sec. D-7. 30 MRSA §6209-D, as enacted by PL
2009, c. 384, Pt. C, §1 and affected by §2, is repealed.
of the State of the lesser included offense. A lesser in-
cluded offense is as defined under the laws of the State. Sec. D-8. Contingent effective date. This Part
4. Double jeopardy; collateral estoppel. A pros- takes effect 120 days after adjournment of the First Spe-
cial Session of the 131st Legislature only if, within 90
ecution for a criminal offense or juvenile crime over days after adjournment of the First Special Session of
which the Houlton Band of Maliseet Indians has exclu-
sive jurisdiction under this section does not bar a pros- the 131st Legislature, the Secretary of State receives
written certification from the Houlton Band Council of
ecution for a criminal offense or juvenile crime arising the Houlton Band of Maliseet Indians that the Houlton
out of the same conduct over which the State has exclu-
sive jurisdiction. A prosecution for a criminal offense Band of Maliseet Indians has agreed to the provisions
of this Part, copies of which must be submitted by the
or juvenile crime over which the State has exclusive ju- Secretary of State to the Secretary of the Senate, the
risdiction does not bar a prosecution for a criminal of-
fense or juvenile crime arising out of the same conduct Clerk of the House and the Revisor of Statutes. Upon
such written certification by the Houlton Band Council
over which the Houlton Band of Maliseet Indians has of the Houlton Band of Maliseet Indians, each section
exclusive jurisdiction under this section. The determi-
nation of an issue of fact in a criminal or juvenile pro- of this Part regarding or affecting the Houlton Band of
Maliseet Indians and its tribal members and lands con-
ceeding conducted in a tribal forum does not constitute stitutes a jurisdictional agreement for purposes of the
collateral estoppel in a criminal or juvenile proceeding
conducted in a state court. The determination of an issue federal Maine Indian Claims Settlement Act of 1980,
Public Law 96-420, Section 6(e)(2). Such written certi-
of fact in a criminal or juvenile proceeding conducted fication by the Houlton Band Council of the Houlton
in a state court does not constitute collateral estoppel in
a criminal or juvenile proceeding conducted in a tribal Band of Maliseet Indians does not constitute an agree-
ment that the contingencies in Public Law 1981, chapter
forum. 675 were met or that the provisions of Public Law 1981,
5. Houlton Band Jurisdiction Land. For the pur- chapter 675 ever took effect.
poses of this section, “Houlton Band Jurisdiction Land”
means only the Houlton Band Trust Land described as PART E
follows: Sec. E-1. 30 MRSA §6206, sub-§3, as
amended by RR 2019, c. 2, Pt. A, §30, is further
A. Lands transferred from Ralph E. Longstaff and amended to read:
Justina Longstaff to the United States of America
in trust for the Houlton Band of Maliseet Indians, 3. Ordinances. The Passamaquoddy Tribe and the
located in Houlton, Aroostook County and Penobscot Nation each has the right to exercise exclu-
recorded in the Aroostook County South Registry sive jurisdiction within its respective Indian territory
of Deeds in Book 2144, Page 198; and over violations by members of either tribe or nation any
federally recognized Indian tribe, nation, band or other
632
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 370
group of tribal ordinances adopted pursuant to this sec- B. All laws of the State other than those over which
tion or section 6207. The decision to exercise or termi- law enforcement officers appointed by the Passa-
nate the jurisdiction authorized by this section must be maquoddy Tribe or the Penobscot Nation have ex-
made by each tribal governing body. If either tribe or clusive jurisdiction under subsection 1.
nation chooses not to exercise, or to terminate its exer-
cise of, jurisdiction as authorized by this section or sec- Sec. E-4. 30 MRSA §6210, sub-§3, as
amended by PL 1995, c. 388, §7 and affected by §8, is
tion 6207, the State has exclusive jurisdiction over vio- further amended to read:
lations of tribal ordinances by members of either tribe
or nation any federally recognized Indian tribe, nation, 3. Agreements for cooperation and mutual aid.
band or other group within the Indian territory of that This section does not prevent impact existing agree-
tribe or nation. The State has exclusive jurisdiction over ments for cooperation and mutual aid between the Pas-
violations of tribal ordinances by persons not members samaquoddy Tribe or the Penobscot Nation and any
of either tribe or nation any federally recognized Indian state, county or local law enforcement agency or pre-
tribe, nation, band or other group except as provided in vent the Passamaquoddy Tribe or the Penobscot Nation
the section or sections referenced in the following: and any state, county or local law enforcement agency
A. Section 6209‑A. from entering into future agreements for cooperation
and mutual aid.
B. Section 6209‑B.
Sec. E-5. Contingent effective date. This Part
Sec. E-2. 30 MRSA §6210, sub-§1, as takes effect 120 days after adjournment of the First Spe-
amended by PL 1995, c. 388, §7 and affected by §8, is cial Session of the 131st Legislature only if, within 90
repealed and the following enacted in its place: days after adjournment of the First Special Session of
the 131st Legislature, the Secretary of State receives
1. Exclusive authority of tribal law enforcement
officers. Law enforcement officers appointed by the written certification from the Joint Tribal Council of the
Passamaquoddy Tribe that the tribe has agreed to the
Passamaquoddy Tribe and the Penobscot Nation have provisions of this Part and from the Governor and the
exclusive authority to enforce:
Council of the Penobscot Nation that the nation has
A. Within their respective Indian territories, ordi- agreed to the provisions of this Part, copies of which
nances adopted under section 6206 and section must be submitted by the Secretary of State to the Sec-
6207, subsections 1, 10 and 11; retary of the Senate, the Clerk of the House and the Re-
visor of Statutes.
B. On their respective Indian reservations, the
criminal, juvenile, civil and domestic relations laws See title page for effective date, unless otherwise
over which the Passamaquoddy Tribe or the Pe- indicated.
nobscot Nation have jurisdiction under section
6209‑A, subsection 1 and section 6209‑B, subsec-
tion 1, respectively; and CHAPTER 370
C. Within their respective Indian territories, the H.P. 1078 - L.D. 1679
civil and domestic relations laws over which the
Passamaquoddy Tribe or the Penobscot Nation An Act Regarding the Maine
have jurisdiction under section 6209-A, subsection Indian Tribal-State
1, paragraphs C to F and section 6209-B, subsec- Commission
tion 1, paragraphs C to F, respectively.
Be it enacted by the People of the State of Maine
Sec. E-3. 30 MRSA §6210, sub-§2, as as follows:
amended by PL 1995, c. 388, §7 and affected by §8, is
repealed and the following enacted in its place: Sec. 1. Staggered terms. Notwithstanding the
Maine Revised Statutes, Title 30, section 6212, subsec-
2. Joint authority of tribal and state law en- tion 1, for the first 6 appointments to the Maine Indian
forcement officers. Law enforcement officers ap- Tribal-State Commission made after the effective date
pointed by the Passamaquoddy Tribe or the Penobscot of this Act, the Governor shall appoint 2 members for a
Nation have the authority within their respective Indian term of 2 years, 2 members for a term of 3 years and 2
territories and state and county law enforcement offi- members for a term of 4 years. All subsequent appoint-
cers have the authority within both Indian territories to ments by the Governor to the commission are subject to
enforce: Title 30, section 6212, subsection 1.
A. Rules or regulations adopted by the commission Sec. 2. Contingent effective date. This Act
under section 6207, subsection 3; and takes effect 120 days after adjournment of the First Spe-
cial Session of the 131st Legislature only if, within 90
days after adjournment of the First Special Session of
the 131st Legislature, the Secretary of State receives
633
PUBLIC LAW, C. 371 FIRST SPECIAL SESSION - 2023
written certification from the Joint Tribal Council of the proposal selected under subsection 2 and
Passamaquoddy Tribe that the tribe has agreed to the other generation proposals selected under
provisions of this Act; from the Governor and the Coun- subsection 3;
cil of the Penobscot Nation that the nation has agreed to (b) Is submitted by a bidder that demon-
the provisions of this Act; and from the Houlton Band
Council of the Houlton Band of Maliseet Indians that strates significant experience in the suc-
cessful completion of renewable energy
the band has agreed to the provisions of this Act, copies generation projects similar to that pro-
of which must be submitted by the Secretary of State to
the Secretary of the Senate, the Clerk of the House and posal; and
the Revisor of Statutes. (c) Complements the proposals previously
selected under subsection 3, but mitigates
See title page for effective date, unless otherwise overall risk to the success of the program
indicated.
by diversifying bidder selection and eco-
nomic development opportunities in
CHAPTER 371 northern Maine.
S.P. 792 - L.D. 1943 If a selected proposal under this subsection is unable, at
any time after selection and before commercial opera-
An Act Regarding Future tion, to fulfill the obligations of the contract, the com-
Energy Procurements for mission may consider other proposals received under
this subsection or subsection 3 to ensure the successful
Renewable Energy implementation of the program. If the commission finds
Development in Northern that a proposal or proposals, whether in whole or in part,
Maine received under this subsection or subsection 3 would
Be it enacted by the People of the State of Maine support the overall successful implementation of the
as follows: program, the commission shall approve and order a con-
tract or contracts accordingly.
Sec. 1. 35-A MRSA §3210-I, sub-§3-A is en-
acted to read: Sec. 2. Integration study and cluster system
impact study; timing. The Public Utilities Com-
3-A. Requests for proposals; additional genera- mission shall conduct a request for proposals and ap-
tion capacity. The commission shall issue a request for prove contracts in accordance with the Maine Revised
proposals for the development and construction of re- Statutes, Title 35-A, section 3210-I, subsection 3-A, if
newable energy generation projects in northern Maine, practicable, on a schedule to enable selected renewable
in addition to those selected under subsection 3, in order energy generation projects to seek inclusion in the New
to maximize the utilization of the capacity of the trans- England independent system operator’s Third Maine
mission line proposal selected under subsection 2. The Resource Integration Study and the subsequent cluster
commission shall: system impact study. If the commission determines that
A. Approve a contract as long as the commission the request for proposals or approval of contracts would
evaluates the contract in accordance with subsec- interfere with the completion of the cluster system im-
tion 3, paragraph C and determines that the contract pact study, it may delay the request for proposals or ap-
is in the public interest; and proval of contracts until such time that such actions
would no longer interfere.
B. Consider bids in any previous request for pro-
posals issued under subsection 3 by: See title page for effective date.
(1) Providing those bidders with an oppor-
tunity to submit updated proposals that ac- CHAPTER 372
count for any previous contract awards in or- H.P. 1272 - L.D. 1979
der to ensure that proposals are expeditiously
received and most cost-effective in considera-
tion of those previous awards; and An Act Regarding Surplus
Lines Insurance Tax
(2) Applying evaluation criteria set forth in
this subsection, except that the commission Be it enacted by the People of the State of Maine
shall give greatest preference to any proposal as follows:
that: Sec. 1. 36 MRSA §2531, sub-§2, as amended
(a) Demonstrates the greatest likelihood by PL 2021, c. 630, Pt. A, §2, is further amended to
of ensuring the success of the program by read:
contributing to the likelihood of success- 2. Rate and incidence of tax. Except as otherwise
ful completion of the transmission line provided in section 2532, the rate of taxation on is 3%
634
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 374
of the premiums subject to tax under this section is the 3. Department of Corrections to provide data.
greater of 3% and the highest rate of taxation that ap- Notwithstanding any provision of law respecting confi-
plies to nonadmitted insurance premiums in the state, dentiality to the contrary, the Department of Correc-
district or possession of the United States or province of tions shall provide to the Legislative Apportionment
Canada in which the insurer is incorporated. For pur- Commission, to the extent the department possesses or
poses of this section, an insurance company incorpo- has access to the data, the preincarceration residence ad-
rated in another country is deemed to be incorporated in dress and other demographic data of persons who are
the state, district or possession of the United States incarcerated in a correctional facility as of 12:01 a.m.
where it has elected to make its deposit and establish its on the date of the most recent Federal Decennial Cen-
principal agency in the United States. For all coverage sus. This demographic data must include but is not lim-
placed in accordance with Title 24‑A, chapter 19, the ited to the last known complete preincarceration street
tax must be paid by the surplus lines producer. For all address of the person, the person's race, age and gender
other nonadmitted insurance, the tax must be paid by and whether the person is a veteran. The department
the insured. shall provide this data within 30 days of the first meet-
ing of the commission. The data provided by the de-
Sec. 2. Retroactivity. This Act applies retroac- partment is not a public record and the commission shall
tively to January 1, 2023.
institute measures to safeguard its confidentiality and to
See title page for effective date. ensure its safekeeping upon conclusion of the commis-
sion's work.
CHAPTER 373 4. Construction. This section may not be con-
strued to affect the population count in any geograph-
H.P. 1093 - L.D. 1704 ical area for any purposes other than apportionment.
An Act Regarding Incarcerated See title page for effective date.
Individuals and Legislative
Apportionment CHAPTER 374
Be it enacted by the People of the State of Maine S.P. 751 - L.D. 1850
as follows:
Sec. 1. 21-A MRSA §1208 is enacted to read: An Act Relating to Energy
Storage and the State's Energy
§1208. Incarcerated persons Goals
1. Definitions. As used in this section, unless the
context otherwise indicates, the following terms have Be it enacted by the People of the State of Maine
the following meanings.
as follows:
A. "Correctional facility" has the same meaning as
Sec. 1. 35-A MRSA §3145, as amended by PL
2021, c. 676, Pt. A, §49, is further amended to read:
in Title 34-A, section 1001, subsection 6.
§3145. State energy storage policy goals
B. "Residence" has the same meaning as described
in section 112, subsection 1. The state goal for energy storage system develop-
2. Counting incarcerated persons for appor- ment is at least 300 megawatts of installed capacity lo-
cated within the State by December 31, 2025 and at
tionment. A person whose usual residence is deter- least 400 megawatts of installed capacity located within
mined by the Federal Decennial Census to be a correc-
tional facility in this State must be counted for appor- the State by December 31, 2030. Beginning January 1,
2031 2024, and every 2 years thereafter, the Governor's
tionment under this chapter as follows. Energy Office established in Title 2, section 9 shall set
A. If the records of the Department of Corrections may reevaluate and increase the state goal for energy
show the person has a residence address in this storage system development and report that goal to the
State immediately prior to incarceration, that ad- joint standing committee of the Legislature having ju-
dress must be considered that person's residence for risdiction over energy and utilities matters. For the pur-
purposes of apportionment under this chapter. poses of this section, "energy storage system" has the
same meaning as in section 3481, subsection 6.
B. If the records of the Department of Corrections
do not show the person's residence address imme- Sec. 2. Maine energy storage program de-
diately prior to incarceration, or show a residence velopment. The Governor's Energy Office, estab-
address immediately prior to incarceration that is lished in the Maine Revised Statutes, Title 2, section 9,
not within this State, that person may not be referred to in this section as "the office," shall, in con-
counted for apportionment under this chapter. sultation with the Public Utilities Commission, evaluate
designs for a program to procure commercially avail-
635
PUBLIC LAW, C. 374 FIRST SPECIAL SESSION - 2023
able utility-scale energy storage systems connected to dations for any changes to law needed to allow the com-
the transmission and distribution systems, including, mission to fully implement the program. The joint
but not limited to, through the use of an index storage standing committee may report out legislation related to
credit mechanism. energy storage to the 132nd Legislature in 2025.
1. In evaluating programs for the procurement of Sec. 3. Governor's Energy Office; long-
energy storage systems, the office shall consider pro- duration energy storage report. The Governor's
grams that are likely to be cost-effective for ratepayers Energy Office shall study long-duration energy storage,
and that are likely to achieve the following objectives: including opportunities for new and emerging long-
duration energy storage technology that would support
A. Advance both the State's climate and clean en- the State's need for clean, firm power generation in sup-
ergy goals and the state energy storage policy goals
established in Title 35-A, section 3145 through the port of the State's climate and clean energy goals. The
office shall submit a report, along with any recommen-
development of up to 200 megawatts of incremen- dations, to the Joint Standing Committee on Energy,
tal energy storage capacity located in the State;
Utilities and Technology no later than February 1, 2024.
B. Provide one or more net benefits to the electric The joint standing committee may report out a bill re-
grid and to ratepayers, including, but not limited to, lated to the report to the Second Regular Session of the
improved reliability, improved resiliency and in- 131st Legislature. The report must include, but is not
cremental delivery of renewable electricity to cus- limited to:
tomers;
1. A discussion of technology options for long-
C. Maximize the value of federal incentives; and duration energy storage, including emerging technolo-
D. Enable the highest value energy storage gies and a description of their technical operation and
commercial viability, that may be feasible within the
projects, specifically energy storage systems in State and New England between 2023 and 2040;
preferred locations, projects that can serve as an al-
ternative to upgrades of the existing transmission 2. An overview of known cost and performance
system and projects of optimal duration. characteristics, as well as development considerations
by technology, such as development timelines, siting re-
For purposes of this subsection, "index storage credit quirements or safety considerations;
mechanism" means a mechanism for setting contract
prices for energy storage capacity using the difference 3. A discussion of scenarios for long-duration en-
between a competitively bid price, or strike price, and ergy storage technologies, such as serving as peaking
daily reference prices calculated using an index de- capacity, providing winter reliability or providing ben-
signed to approximate wholesale market revenues efits through colocation with renewable resources; and
available for each megawatt-hour of capacity and in- 4. Consideration of whether and under what con-
cluding a mechanism to provide for a net payment from
the operator of the storage capacity project to ratepayers ditions the use of long-duration energy storage would
be cost-effective for ratepayers in the State.
in the event the reference price exceeds the strike price.
2. The office shall encourage interested parties to
Sec. 4. Funding. Upon written request of the
Governor's Energy Office, for the purposes of allowing
submit relevant information to inform the evaluation
under subsection 1. the office to fulfill its responsibilities under sections 2
and 3, the Public Utilities Commission shall provide:
3. No later than March 31, 2024, the office shall
1. Reasonable technical, legal and other assistance,
complete the evaluation required under subsection 1 including the provision of requested information; and
and provide its recommendations to the Public Utilities
Commission for a program to procure up to 200 mega- 2. Notwithstanding the Maine Revised Statutes,
watts of energy storage capacity. Title 35-A, section 117, funding for staff and consul-
tants in an amount not to exceed $300,000 from the
4. No later than December 31, 2024, the Public Public Utilities Commission Reimbursement Fund es-
Utilities Commission shall review the recommenda-
tions of the report and determine whether the program tablished under Title 35-A, section 117.
recommended by the office is reasonably likely to Sec. 5. Public Utilities Commission; utility
achieve the objectives established in subsection 1. ownership or control of energy storage. The Pub-
Upon finding the proposed program reasonably likely lic Utilities Commission shall solicit stakeholder input
to achieve the objectives established in subsection 1, the on whether and, if so, at what cost and under what con-
Public Utilities Commission shall take steps to imple- ditions, including commission approval on a case-by-
ment the program in accordance with any applicable au- case basis, an investor-owned transmission and distri-
thority the commission may have under law and may bution utility may own, have a financial interest in or
submit to the joint standing committee of the Legisla- otherwise control an energy storage system, as defined
ture having jurisdiction over energy matters recommen- in the Maine Revised Statutes, Title 35-A, section 3481,
subsection 6, in order to perform its obligations as a
636
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 376
transmission and distribution utility in an effective, pru- E. May not impose enter into or renew a contract
dent and efficient manner. In making recommenda- for generation service that includes an early termi-
tions, in addition to the input received from stakehold- nation fee for any contract for generation service
ers, the commission shall consider at a minimum: that was renewed without express consent from the
residential consumer.
1. The role that investor-owned transmission and
distribution utility ownership of, financial interest in or See title page for effective date.
control of energy storage systems may have in:
A. The achievement of the state energy storage CHAPTER 376
goals established in Title 35-A, section 3145, in-
cluding current and future state programs to en- S.P. 266 - L.D. 649
courage investment in energy storage;
An Act to Promote Water
B. The achievement of the objectives of Title Conservation and Water
35-A, chapter 32;
Quality and Create Habitat for
C. The achievement of the greenhouse gas emis- Wildlife, Including Pollinator
sions reduction requirements established in Title Species, by Protecting Low-
38, section 576-A; impact Landscaping
D. The achievement of the renewable energy goals Be it enacted by the People of the State of Maine
established in Title 35-A, section 3210; as follows:
E. The achievement of the renewable energy de- Sec. 1. 33 MRSA c. 28-B is enacted to read:
ployment goals of the State, including but not lim-
ited to the solar deployment goals established in Ti- CHAPTER 28-B
tle 35-A, chapter 34-B and the wind energy devel- PROTECTION OF LOW-IMPACT
opment goals established in Title 35-A, chapter 34; LANDSCAPING
F. The procurement of nonwires alternatives under §1451. Protection of low-impact landscaping
Title 35-A, section 3132-D; and
1. Definitions. As used in this section, unless the
G. The achievement of lower electricity costs for context otherwise indicates, the following terms have
ratepayers; and the following meanings.
2. Whether the competitive market for energy stor- A. "Condominium" has the same meaning as in
age can meet the energy needs of transmission and dis- section 1601-103, subsection (7).
tribution utilities at a reasonable cost.
B. "Low-impact landscaping" means landscaping
The commission shall submit a report containing techniques that conserve water, lower maintenance
any recommendations based on the commission's activ- costs, provide pollution prevention and create hab-
ities under this section related to energy storage to the itat for wildlife. "Low-impact landscaping" in-
Joint Standing Committee on Energy, Utilities and cludes gardens and other features designed to at-
Technology no later than February 15, 2024. The com- tract wildlife generally and pollinator species more
mittee may report out a bill related to the subject matter specifically; rain gardens and other features that
of the report. use natural biological principles to return rainwater
See title page for effective date. to the soil and to filter rainwater of excess nutrients;
and other forms of landscaping or gardening that
reduce or eliminate the need for supplemental wa-
CHAPTER 375 ter from irrigation.
H.P. 1298 - L.D. 2012 C. "Real estate subject to common ownership"
means residential real estate, portions of which are
An Act to Prohibit Early designated for separate ownership and the remain-
Termination Fees for der of which is designated for common ownership
Residential Electric Generation solely by the owners of those portions and that
Service Contracts common ownership is in the form of undivided in-
terests in that common portion.
Be it enacted by the People of the State of Maine
as follows: D. "Restriction" includes any covenant, restriction
or condition contained in a deed, declaration, con-
Sec. 1. 35-A MRSA §3203, sub-§4-B, ¶E, as tract, bylaw, rule or other instrument governing ac-
enacted by PL 2017, c. 74, §1, is amended to read: tivities on real estate within a condominium or real
estate subject to common ownership.
637
PUBLIC LAW, C. 377 FIRST SPECIAL SESSION - 2023
E. "Unreasonable limitation" includes a limitation the Department of Transportation shall review the pro-
that significantly increases the cost of low-impact posal and provide advice to assist the commissioner in
landscaping, significantly decreases the efficiency making a decision under this subsection.
of low-impact landscaping or requires cultivated See title page for effective date.
vegetation to consist in whole or in part of turf
grass.
2. Prohibition. A restriction may not put an un- CHAPTER 378
reasonable limitation on low-impact landscaping on any H.P. 1239 - L.D. 1931
portion of a condominium or real estate subject to com-
mon ownership that is not subject to common owner- An Act to Foster Stable and
ship and that the owner has the right to exclusive use of Affordable Home Ownership in
as long as the owner maintains and regularly tends to
the low-impact landscaping. Mobile Home Parks by
Amending the Laws Relating to
3. Construction; application. This section may the Sale of Mobile Home Parks
not be construed to prohibit a restriction relating to rea-
sonable design and aesthetic guidelines regarding the Be it enacted by the People of the State of Maine
type, number and location of low-impact landscaping as follows:
features. This section does not apply to a restriction on Sec. 1. 10 MRSA §9094-A, sub-§1, as enacted
historic property that is listed in or determined by the by PL 1989, c. 768, is repealed and the following en-
Maine Historic Preservation Commission to be eligible acted in its place:
for inclusion in the National Register of Historic Places.
1. Notice required. The owner of a mobile home
See title page for effective date. park shall give notice of the intent to sell the mobile
home park to each owner of a mobile home in the mo-
bile home park and to the Maine State Housing Author-
CHAPTER 377 ity. The owner of the mobile home park may not make
H.P. 754 - L.D. 1182 a final unconditional acceptance of an offer for the sale
of the mobile home park earlier than the 60th day after
An Act to Make Revisions to the date the notice was mailed as required by this sub-
the Tax Increment Financing section. The notice must include:
and Development District Laws A. A statement that a group of mobile home owners
Be it enacted by the People of the State of Maine or a mobile home owners' association of the mobile
as follows: home park may make an offer to purchase the mo-
bile home park within 60 days of the mailing date
Sec. 1. 30-A MRSA §5223, sub-§3, ¶A, as of the notice; and
amended by PL 2011, c. 675, §2, is further amended by
amending subparagraph (3) to read: B. Either:
(3) Must be suitable for commercial or arts (1) The price, terms and conditions for which
district uses. For the purposes of this subpara- the owner of the mobile home park intends to
graph, "suitable for commercial or arts district sell the mobile home park; or
uses" includes, but is not limited to, the total (2) The price, terms and conditions of any ac-
acreage of a lot or parcel or portion of a lot or ceptable offer the owner of the mobile home
parcel included in a development district that park has received for the mobile home park,
is zoned for commercial or arts district uses or including a signed copy of the written offer
on which commercial or arts district uses are that contains a description of the property. The
allowed as a conditional or grandfathered use owner may redact the name, address, contact
or pursuant to contract zoning. information or other identifying information of
Sec. 2. 30-A MRSA §5226, sub-§2, as the party making the offer.
amended by PL 2011, c. 655, Pt. JJ, §26 and affected by The notice must be mailed by certified mail, return re-
§41 and amended by c. 657, Pt. W, §5, is further ceipt requested, to each mobile home owner at the mo-
amended to read: bile home owner's home address and to the Maine State
2. Review by commissioner. Before final desig- Housing Authority.
nation of a tax increment financing district, the commis- Sec. 2. 10 MRSA §9094-A, sub-§2, as enacted
sioner shall review the proposal to ensure that the pro- by PL 1989, c. 768, is repealed.
posal complies with statutory requirements. In the case
of a downtown tax increment financing district, the De- Sec. 3. 10 MRSA §9094-A, sub-§3, as enacted
partment of Agriculture, Conservation and Forestry and by PL 1989, c. 768, is repealed.
638
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 378
Sec. 4. 10 MRSA §9094-A, sub-§3-A is en- G. A transfer that is by gift, devise, judicial decree
acted to read: or operation of law.
3-A. Group of mobile home owners or a mobile The requirements of this section apply separately to
home owners' association purchase. The owner of a each substantially different offer to sell or purchase a
mobile home park shall consider any offer received be- mobile home park.
fore the 60th day after the date the notice was mailed as
required by subsection 1 from a group of mobile home Sec. 6. 10 MRSA §9094-A, sub-§3-C is en-
acted to read:
owners or a mobile home owners' association, as long
as the mobile home owners of at least 51% of the mobile 3-C. Affidavit of compliance. A mobile home
homes in the mobile home park that are occupied by the park owner may record in the registry of deeds of the
mobile home owner or a family member of the mobile county or district in which the mobile home park is lo-
home owner sign a petition or otherwise indicate in cated an affidavit in which the park owner certifies that:
writing that they support making the offer. The owner
A. The mobile home park owner has complied
of the mobile home park shall negotiate in good faith with the requirements of this section; or
with the group of mobile home owners or the mobile
home owners' association concerning a purchase pursu- B. The sale of the mobile home park is exempted
ant to an offer made under this subsection. For the pur- from the requirements of this section pursuant to
poses of this subsection, negotiating in good faith does subsection 3-B.
not require the owner of a mobile home park to accept
The mobile home park owner may send a copy of the
an offer to purchase made by a group of mobile home affidavit to the Maine State Housing Authority.
owners or the mobile home owners' association. An of-
fer made by the group of mobile home owners or the A party acquiring an interest in a mobile home park, a
mobile home owners' association must include a pur- title insurance company and an attorney preparing, fur-
chase and sale agreement. If the owner of the mobile nishing or examining evidence of title of the mobile
home park accepts the offer of the group of mobile home park may rely on the truth and accuracy of the
home owners or the mobile home owners' association, statements appearing in an affidavit filed under this sub-
the group of mobile home owners or the mobile home section and are under no obligation to inquire further as
owners' association must obtain appropriate financing to any matter or fact relating to the mobile home park
before the 90th day after the execution date of the pur- owner's compliance with the provisions of this section.
chase and sale agreement. This subsection must be liberally construed in order that
all persons may rely on the record title to a mobile home
Sec. 5. 10 MRSA §9094-A, sub-§3-B is en- park.
acted to read:
3-B. Applicability. This section does not apply Sec. 7. 10 MRSA §9094-A, sub-§4, as enacted
by PL 1989, c. 768, is amended to read:
to:
4. Enforcement. A mobile homeowner home
A. A sale after foreclosure by a bank, mortgage owner, group of mobile homeowners home owners or a
company or other mortgagee at a foreclosure sale
or a sale after purchase at a foreclosure sale; mobile homeowners' home owners' association ag-
grieved by a violation of this section may bring an ac-
B. A sale or transfer to a family member of the tion in Superior Court against the violator for injunctive
owner of the mobile home park or to a trust, the relief, damages and attorney's fees. A violation of any
beneficiaries of which are family members of the of the provisions of this chapter is considered prima fa-
owner of the mobile home park. For purposes of cie evidence of an unfair or deceptive trade practice un-
this paragraph, "family member" means a person der Title 5, chapter 10.
identified in Title 18-C, section 2-102 as eligible
for intestate share; Sec. 8. 33 MRSA §654, first ¶, as amended by
PL 2003, c. 55, §4, is further amended to read:
C. A sale or transfer by a partnership to one or more
Registers shall receive and record all certificates in
of its partners; equitable proceedings, copies of judgments and decrees
D. A conveyance of an interest in the mobile home certified by the clerk of courts in the county where the
park incidental to the financing of the mobile home complaint is pending or the judgment or decree is ren-
park; dered, certified copies of the proceedings of any court,
E. A sale or transfer between owners of the mobile corporation, municipal body or other tribunal through
or by which the right of eminent domain has been or
home park who are joint tenants or tenants in com- may be exercised to affect the title to real estate, copies
mon;
of portions of wills devising real estate situated in their
F. A sale pursuant to the exercise of the power of respective counties or districts, affidavits filed under Ti-
eminent domain; or tle 10, section 9094-A, subsection 3-C and all other in-
struments that they are by law required to record. They
639
PUBLIC LAW, C. 379 FIRST SPECIAL SESSION - 2023
shall receive all copies of seizures on execution and spe- §8867-G. Forest certification programs
cial attachments made and attested by any officer of real
property situate in their respective counties or districts 1. Requirements for state land. The Department
of Agriculture, Conservation and Forestry may obtain
and certify on them the time when they are received, or maintain certification from a forest certification pro-
and certificates of advertised stallions and copies of
processes against domestic corporations filed for ser- gram for state land only if the program, in order to ob-
tain certification under the program:
vice by officers in the registry, keep them on file for the
inspection of parties interested and enter them in suit- A. Contains performance-based indicators de-
able records properly indexed. scribed in subsection 2 that protect forest workers,
See title page for effective date. including logging and trucking contractors, that
can be assessed and verified by a recognized certi-
fying entity; and
CHAPTER 379 B. Does not require payment to a trade association
S.P. 151 - L.D. 330 that is registered with the Commission on Govern-
mental Ethics and Election Practices.
An Act Regarding Legal 2. Performance-based indicators. Performance-
Representation for Residents based indicators required by subsection 1 include the
Facing Eviction following labor practices:
Be it enacted by the People of the State of Maine A. No use of child labor;
as follows: B. No use of forced labor;
Sec. 1. 14 MRSA §6001, sub-§7 is enacted to C. No discrimination;
read:
D. Freedom of association and collective bargain-
7. Notice to quit; form notice required. Begin- ing;
ning January 1, 2024, a landlord shall attach to a notice
to terminate tenancy served upon a tenant the form no- E. Promotion of gender equality;
tice posted on the publicly accessible website of the ju- F. Implementation of legal occupational health and
dicial branch in accordance with section 6004, subsec- safety practices;
tion 2.
G. Payment of fair wages that meet or exceed the
Sec. 2. 14 MRSA §6004, sub-§3 is enacted to minimum wage;
read:
H. Adequate and effective training; and
3. Notice of counsel. If the court has been advised
that an attorney is available to represent tenants in ac- I. Grievance resolution and compensation for dam-
tions of forcible entry and detainer on a day that the ages.
court is planning to hold hearings on actions of forcible See title page for effective date.
entry and detainer, the court shall announce the availa-
bility of that attorney prior to the commencement of
proceedings for actions of forcible entry and detainer on CHAPTER 381
that day. Failure of the court to comply with the require-
ments of this subsection is not grounds for dismissal of H.P. 698 - L.D. 1103
the action or to set aside or appeal any judgment entered
against the tenant. An Act to Allow Persons Who
Lawfully Use or Possess
See title page for effective date. Cannabis to Own or Possess
Firearms or Ammunition
CHAPTER 380 Be it enacted by the People of the State of Maine
S.P. 758 - L.D. 1874 as follows:
Sec. 1. 15 MRSA §393, sub-§1, ¶G, as
An Act to Support Maine amended by PL 2015, c. 470, §1, is further amended to
Forest Workers' Right to Work read:
in Maine by Improving Labor
G. Is an unlawful user of or is addicted to any con-
Standards trolled substance and as a result is prohibited from
Be it enacted by the People of the State of Maine possession of a firearm under 18 United States
as follows: Code, Section 922(g)(3). Notwithstanding the pro-
hibition under 18 United States Code, Section
Sec. 1. 12 MRSA §8867-G is enacted to read:
640
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 383
922(g)(3), the use, possession or transport of can- 1. Examination. At the commencement of each
nabis in accordance with Title 22, chapter 558-C or session required by law, the county commissioners shall
Title 28-B may not serve as the basis for the prohi- examine the jail in their county and take necessary pre-
bition to own, possess or have under a person's con- cautions for the security of prisoners, for the prevention
trol a firearm in this section. Violation of this para- of infection and sickness and for the accommodations
graph is a Class D crime; of the prisoners.
See title page for effective date. 2. Appointment. The sheriff for each county shall
appoint a board of 7 visitors for each jail or other county
correctional facility under the sheriff's supervision.
CHAPTER 382
A. Members of the boards of visitors serve for
H.P. 701 - L.D. 1105 terms of one year 3 years.
An Act to Ensure Lower Costs B. Members of the boards of visitors are eligible
and Consumer Protections for for reappointment at the expiration of their terms.
The boards of visitors must be representative of a
Patients by Prohibiting Certain broad range of professionals, family members and
Billing Practices citizens interested in the well-being of prisoners,
Be it enacted by the People of the State of Maine including representatives of advocacy groups for
as follows: human and civil rights, medical and psychiatric
professionals, persons who have served in correc-
Sec. 1. 24-A MRSA §4303, sub-§25 is enacted tions settings and other interested citizens. One
to read: member of each board of visitors must be a person
25. Disclosure to enrollees of cash price. A car- with knowledge of issues related to the incarcera-
rier may not prohibit a provider from providing an en- tion of women. One member of each board of vis-
rollee with the option of paying the provider's dis- itors must be a woman who has been incarcerated
counted cash price for health care services. For the pur- in the State and who has prior child welfare expe-
poses of this subsection, "discounted cash price" means: rience with the Department of Health and Human
Services, Office of Child and Family Services. One
A. With respect to a hospital, the discounted cash member of each board of visitors must have expe-
price as that term is defined in 45 Code of Federal rience in the field of mental or behavioral health.
Regulations, Section 180.20 if the hospital has a
discounted cash price and does not mean the C. A member of the Legislature or an employee of
amount charged to individuals who are eligible for a sheriff's department may not serve on a board of
free care or are eligible for the amounts charged visitors.
pursuant to a hospital’s financial assistance policy; D. The sheriffs of 2 or more counties, at their dis-
or cretion, may appoint a joint board of visitors of 7
B. With respect to a provider that is not a hospital, or more members.
the charge that applies to an enrollee who is paying 3. Powers. Each board of visitors shall inspect the
for a health care service without filing any claim correctional facility to which it is assigned, subject to
with a carrier. reasonable restrictions required by the sheriff to ensure
See title page for effective date. the security of the jail, and make recommendations to
the sheriff with respect to inmates who are mentally ill.
CHAPTER 383 4. Duties. Boards of visitors have the following
duties.
S.P. 643 - L.D. 1626
A. Each board of visitors shall inspect the jail or
An Act to Standardize other county correctional facility to which it is as-
signed. Each board of visitors must be provided
Requirements Between Boards open access to all physical areas of the jail or other
of Visitors for County Jails and county correctional facility, including access to ar-
Department of Corrections eas housing prisoners. Each board of visitors must
Correctional Facilities be provided the opportunity to speak to prisoners
Be it enacted by the People of the State of Maine and to staff. Members of the board of visitors shall
as follows: comply with all sheriff's office policies and proce-
dures and security practices regarding access to the
Sec. 1. 30-A MRSA §1651, as amended by PL jail or other county correctional facility, shall ad-
2021, c. 620, §3, is further amended to read: here to all federal and state laws regarding confi-
§1651. Examination of jails; board of visitors
641
PUBLIC LAW, C. 383 FIRST SPECIAL SESSION - 2023
dentiality and shall refer concerns or complaints re- B. Review of the federal Americans with Disabil-
garding specific individuals to the jail administra- ities Act of 1990 and guidance concerning domes-
tor or advocate or other county correctional facility tic violence, substance use disorder including opi-
administrator or advocate. oids, behavioral health and adverse childhood
trauma;
B. Each board of visitors shall make recommenda-
tions to the sheriff regarding services or treatment C. A list and explanation of available community
for prisoners who have mental health challenges or resources;
are mentally ill. D. The legal requirements of this section; and
C. Each board of visitors shall review the manage- E. Training on any other subject as determined by
ment of the jail or other county correctional facility
to which it is assigned to determine whether that the sheriff or chair of the board of visitors.
management is consistent with the philosophy, Sec. 2. 34-A MRSA §3001-A, sub-§1, as en-
mission and policy goals of the sheriff's office and acted by PL 2005, c. 683, Pt. B, §26, is amended to read:
facility. On or before February 15th of each calen-
1. Appointment. The Governor shall appoint a
dar year, each board of visitors shall prepare an an- board of 5 7 visitors for each correctional facility under
nual report including its recommendations and
shall provide copies of its report to the jail admin- the department, as authorized by Title 5, section
12004‑I, subsection 5.
istrator, the county correctional facility administra-
tor, the county commissioners and the joint stand- A. The terms of the members of the boards of vis-
ing committee of the Legislature having jurisdic- itors are for 3 years.
tion over criminal justice and public safety matters. B. Members of the boards of visitors are eligible
The sheriff shall provide copies with the sheriff's
response to the reports to the joint standing com- for reappointment at the expiration of their terms.
mittee of the Legislature having jurisdiction over C. A member of the Legislature or an employee of
criminal justice and public safety matters within the department may not serve on any board of vis-
one month of receiving the annual reports. itors.
D. Each board of visitors shall appear before the D. At least one member of each board must be a
joint standing committee of the Legislature having person licensed by this State to provide mental
jurisdiction over criminal justice and public safety health services.
matters upon request.
E. Each member of the boards of visitors must be
E. Each board of visitors shall meet regularly and compensated according to the provisions of Title 5,
tour the jail or other county correctional facility to chapter 379.
which it is assigned at least 4 times a year. At each
meeting, a board of visitors may request and must F. The Governor shall appoint a chair from the
membership.
receive information from the jail administrator or a
county correctional facility administrator that the G. At least one member of each board of visitors
board determines will assist in the review of the must have been incarcerated in a correctional facil-
management of the jail. To the extent that a board ity.
of visitors is not discussing matters made confiden-
tial by federal or state law, a meeting of the board Sec. 3. 34-A MRSA §3001-A, sub-§2, ¶B, as
enacted by PL 2005, c. 683, Pt. B, §26, is amended to
is a public proceeding and must be conducted in read:
accordance with Title 1, section 403. Boards of vis-
itors may meet jointly. B. Each board of visitors shall review the manage-
F. Each board of visitors shall share copies of that ment of the correctional facility to which it is as-
signed to determine whether that management is
board's annual report with the other boards of visi- consistent with the philosophy, mission and policy
tors of that sheriff's office.
goals of the department and facility. Each On or
5. Orientation and training. A board of visitors before February 15th of each calendar year, each
must receive annual training, including: board of visitors shall prepare an annual report in-
A. Facilities orientation, including a tour of the jail cluding its recommendations and shall provide
copies of its report to the chief administrative of-
or other county correctional facility to which the ficer of the facility, the commissioner and the joint
board of visitors is assigned, explanation of the fa-
cility command structure and receipt of the Depart- standing committee of the Legislature having juris-
diction over criminal justice and public safety mat-
ment of Corrections' publication regarding deten- ters. The commissioner shall provide copies with
tion and correctional standards for Maine counties
and municipalities, facility prisoner handbooks, the department's response to the reports to the joint
volunteer policies and board of visitors policies;
642
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 384
standing committee of the Legislature having juris- Sec. 1. 38 MRSA §1672, sub-§1, ¶A-2 is en-
diction over criminal justice and public safety mat- acted to read:
ters within one month of receiving the annual re-
A-2. "Compact fluorescent mercury-added lamp"
ports. means a compact, low-pressure, mercury-
Sec. 4. 34-A MRSA §3001-A, sub-§2, ¶D, as containing, electric-discharge light source, whether
enacted by PL 2005, c. 683, Pt. B, §26, is amended to integrally ballasted or nonintegrally ballasted and
read: regardless of the tube diameter or length and the
D. Boards Each board of visitors shall meet regu- shape or size of the lamp, in which a fluorescent
coating transforms a portion of the ultraviolet en-
larly and tour the correctional facility to which it is ergy generated by the mercury discharge into visi-
assigned at least 4 times a year. At each meeting,
a board of visitors may request and must receive ble light and that:
information from the chief administrative officer as (1) Has a single base or end cap of any type,
that the board determines will assist in the review including, but not limited to, a screw base type,
of the management of the facility. To the extent a bayonet base type or a 2-pin or 4-pin base
that a board of visitors is not discussing matters type; and
made confidential by federal or state law, meetings
of boards are a meeting of the board is a public pro- (2) Provides a light emission between a corre-
lated color temperature of 1,700K and
ceedings proceeding and must be conducted in 24,000K and a Duv of +0.024 and -0.024 in the
accordance with Title 1, section 403. Boards of
visitors may meet jointly. International Commission on Illumination
(CIE) Uniform Color Space (CAM02-UCS).
Sec. 5. 34-A MRSA §3001-A, sub-§5 is en- Sec. 2. 38 MRSA §1672, sub-§1, ¶A-3 is en-
acted to read: acted to read:
5. Orientation and training. A board of visitors A-3. "Linear fluorescent mercury-added lamp"
must receive annual training, including:
means a low-pressure, mercury-containing,
A. Facilities orientation, including a tour of the cor- electric-discharge light source, regardless of the
rectional facility to which the board of visitors is tube diameter and the shape of the lamp, in which
assigned, explanation of the facility command a fluorescent coating transforms a portion of the ul-
structure and receipt of standards of the American traviolet energy generated by the mercury dis-
Correctional Association or successor organiza- charge into visible light and that:
tion, facility client handbooks, volunteer policies (1) Has 2 bases or end caps of any type, in-
and board of visitors policies;
cluding, but not limited to, a one-pin or 2-pin
B. Review of the federal Americans with Disabili- base type and a recessed double contact base
ties Act of 1990 and guidance concerning domestic type;
violence, substance use disorder including opioids, (2) Provides a light emission between a corre-
behavioral health and adverse childhood trauma;
lated color temperature of 1,700K and
C. A list and explanation of available community 24,000K and a Duv of +0.024 and -0.024 in the
resources; International Commission on Illumination
D. The legal requirements of this section; and (CIE) Uniform Color Space (CAM02-UCS);
and
E. Training on any other subject as determined by
(3) Has a tube length of 0.5 feet to 8 feet.
the commissioner or chair of the board of visitors.
See title page for effective date.
Sec. 3. 38 MRSA §1672, sub-§1, ¶B, as en-
acted by PL 2009, c. 272, §1, is amended to read:
B. "Mercury-added lamp" means an electric lamp
CHAPTER 384 to which mercury is intentionally added during the
H.P. 1160 - L.D. 1814 manufacturing process, including, but not limited
to, a linear fluorescent mercury-added lamp, a
An Act to Reduce Mercury in compact fluorescent, mercury-added lamp and a
the Environment by Phasing black light, high-intensity discharge, ultraviolet
and or neon lamps mercury-added lamp.
Out Certain Fluorescent Light
Bulbs Sec. 4. 38 MRSA §1672, sub-§4-A is enacted
to read:
Be it enacted by the People of the State of Maine
as follows: 4-A. Sales prohibition and exceptions. Begin-
ning January 1, 2026, a person may not offer for sale,
643
PUBLIC LAW, C. 385 FIRST SPECIAL SESSION - 2023
sell or distribute as a new manufactured product a com- E. A mercury-added lamp designed and marketed
pact fluorescent mercury-added lamp or a linear fluo- exclusively for spectroscopy and photometric ap-
rescent mercury-added lamp. The prohibition in this plications, including, but not limited to, ultraviolet-
subsection does not apply to the following: visible spectroscopy, molecular spectroscopy,
atomic absorption spectroscopy, nondispersive in-
A. A mercury-added lamp that is designed and frared spectroscopy, Fourier transform infrared
marketed exclusively for image capture and projec-
tion, including: spectroscopy, medical analysis, ellipsometry, layer
thickness measurement, process monitoring or en-
(1) Photocopying; vironmental monitoring;
(2) Printing, directly or in preprocessing; F. A mercury-added lamp designed and marketed
(3) Lithography; exclusively for use by academic and research insti-
tutions for conducting research projects and exper-
(4) Film or video projection; or iments; or
(5) Holography; G. A compact fluorescent mercury-added lamp that
B. A mercury-added lamp that has a high propor- is used to replace a lamp in a motor vehicle that was
manufactured on or before January 1, 2020.
tion of ultraviolet light emission and that:
The department may investigate complaints received
(1) Has ultraviolet power greater than 2 milli- regarding potential violations of this subsection and, as
watts per kilolumen;
a result of those investigations, may enforce this sub-
(2) Is designed for germicidal use, including section in accordance with sections 347-A and 349, but
the destruction of deoxyribonucleic acid, or the department is not required to conduct compliance
DNA, that emits a peak radiation of approxi- inspections of locations where mercury-added lamps or
mately 253.7 nanometers; other light sources are sold or distributed, conduct out-
reach or education activities related to the prohibition in
(3) Is designed and marketed exclusively for
disinfection or fly trapping and from which: this subsection or engage in any other regulatory or en-
forcement activities related to the prohibition in this
(a) The radiation power emitted between subsection.
250 and 315 nanometers represents at See title page for effective date.
least 5% of the total radiation power emit-
ted between 250 and 800 nanometers; or
(b) The radiation power emitted between CHAPTER 385
315 and 400 nanometers represents at H.P. 643 - L.D. 1007
least 20% of the total radiation power
emitted between 250 and 800 nanometers; An Act to Ban the Video
(4) Is designed and marketed exclusively for Hosting Service TikTok on All
the generation of ozone and that has the pri- State-owned Devices
mary purpose of emitting radiation at approxi-
mately 185.1 nanometers; Emergency preamble. Whereas, acts and re-
solves of the Legislature do not become effective until
(5) Is designed and marketed exclusively for 90 days after adjournment unless enacted as emergen-
coral zooxanthellae symbiosis and from which cies; and
the radiation power emitted between 400 and
480 nanometers represents at least 40% of the Whereas, employees of the State are issued com-
total radiation power emitted between 250 and puters, cellular telephones and other necessary elec-
800 nanometers; or tronic devices to carry out their duties in their employ-
ment by the State; and
(6) Is designed and marketed exclusively for
use in a sunlamp product, as defined in 21 Whereas, certain software applications and pro-
Code of Federal Regulations, Section grams such as TikTok represent a potential security risk
1040.20(b)(9) as in effect on January 1, 2024; as they may contain hidden and unknown capabilities to
install spyware or otherwise compromise the integrity
C. A mercury-added lamp designed and marketed and security of official state communications and busi-
exclusively for use in medical or veterinary diag- ness that may be contained on state computers and de-
nosis or treatment or in a medical device; vices; and
D. A mercury-added lamp designed and marketed Whereas, employees of the State may have cur-
exclusively for use in the manufacturing or quality rently installed or used TikTok or other concerning soft-
control of pharmaceutical products; ware applications and programs in the absence of a pol-
icy or official restrictions against doing so; and
644
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 387
Whereas, in the judgment of the Legislature, Sec. 1. 23 MRSA §3101, sub-§1, ¶B, as
these facts create an emergency within the meaning of amended by PL 2013, c. 198, §1, is further amended to
the Constitution of Maine and require the following leg- read:
islation as immediately necessary for the preservation B. "Repairs and maintenance" does not include
of the public peace, health and safety; now, therefore,
paving, except in locations where pavement does
Be it enacted by the People of the State of Maine not exist if approved by an affirmative vote of at
as follows: least 3/4 of the owners of all the parcels benefited
Sec. 1. 5 MRSA §20-A, sub-§4 is enacted to by the private road, private way or bridge at a meet-
ing called in accordance with subsection 2 or in lo-
read: cations where limited paving is demonstrated to be
4. TikTok ban. A computer or other electronic a cost-effective approach for fixing an erosion
device owned or controlled by any branch of State Gov- problem or to repair and maintain pavement exist-
ernment may not be used to access, contain or download ing as of July 1, 2007 for at least 8 years. "Mainte-
the video hosting service known as TikTok, except as nance" includes, but is not limited to, snowplow-
necessary for life, health, safety or investigative pur- ing, snow removal, sanding and ice control; grad-
poses in accordance with a policy adopted by a state ing and adding gravel and surface material; in-
agency. For purposes of this section, "electronic device" stalling reclaimed asphalt or grinding existing
has the same meaning as in Title 16, section 647, sub- pavement for reuse; installing, cleaning and replac-
section 3. ing culverts; creating and maintaining ditches,
Emergency clause. In view of the emergency drains and other storm water management infra-
structure; creating and maintaining sight distances
cited in the preamble, this legislation takes effect when on curves and at intersections; and cutting brush,
approved.
trees and vegetation in the right-of-way.
Effective July 6, 2023.
Sec. 2. 23 MRSA §3103, as amended by PL
2013, c. 198, §9, is repealed and the following enacted
CHAPTER 386 in its place:
H.P. 221 - L.D. 347 §3103. Contracts for repair; reserve accounts
The owners, at a meeting held under section 3101,
An Act Regarding In-court may by a majority vote of the owners present and voting
Appearance Requirements for in person or by written proxy or absentee ballot autho-
Persons Authorized to Serve rize:
Eviction Notices 1. Contract for repair. A contract for repairs or
Be it enacted by the People of the State of Maine maintenance to the private road, private way or bridge
as follows: by the year or for a lesser time and may raise money for
that purpose pursuant to section 3101, subsection 5; and
Sec. 1. 14 MRSA §6001, sub-§7 is enacted to
read: 2. Reserve account. A reserve account to be es-
tablished to hold funds solely to be used for repairs and
7. Service of notice. If a notice served pursuant to maintenance.
this section, section 6002, section 6025 or Title 10, sec-
tion 9097 is served by a person authorized to make ser- Sec. 3. 23 MRSA §3104, as amended by PL
vice under section 702 or 703, that notice is admissible 2017, c. 306, §1, is further amended to read:
in evidence for the purpose of proving service occurred §3104. Penalties and process
and the person who provided service may attend the
court hearing remotely if that person is required to tes- Money recovered under sections 3102 and 3103 is
tify to the service of the notice. for the use of the owners. In any notice of claim or pro-
cess for the money's recovery, a description of the own-
See title page for effective date. ers as owners of parcels of land benefited by the private
road, private way or bridge by name, clearly describing
CHAPTER 387 each owner's parcel of land by the book and page num-
ber of the owner's deed as recorded in the county's reg-
S.P. 215 - L.D. 461 istry of deeds and the private road, private way or
bridge, is sufficient. If the private road, private way or
An Act Regarding Private bridge is shown on a plan recorded in the county's reg-
Ways and Private Roads istry of deeds, the plan's recording reference is suffi-
cient. Such process is not abated by the death of any
Be it enacted by the People of the State of Maine owner or by the transfer of any owner's interest. Any
as follows: money owed pursuant to section 3101, 3102 or 3103 is
645
PUBLIC LAW, C. 388 FIRST SPECIAL SESSION - 2023
646
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 390
CHAPTER 389 the laws of this State with respect to names. A candi-
date who intends to form a new party about that person's
S.P. 393 - L.D. 922 candidacy must use the proposed party's designation.
An Act to Clarify Required A. When 2 United States Senators are to be nomi-
Disclosure of Personally nated, the nomination petition must contain the
Identifying Information for term of office sought by the candidate.
Certain Nominating Petitions B. The names of presidential electors must be
Be it enacted by the People of the State of Maine placed on the petition as a slate. The names of the
as follows: candidates for President and Vice President must
be placed on a petition for the nomination of presi-
Sec. 1. 21-A MRSA §335, sub-§1, as corrected dential electors.
by RR 2019, c. 2, Pt. B, §41, is amended to read:
Sec. 4. 21-A MRSA §355, sub-§3, as amended
1. Content. A primary petition must contain the by PL 2019, c. 371, §12, is further amended to read:
name of only one candidate and that candidate's place
municipality of residence, party, office sought and elec- 3. Qualifications declared. The consent must
toral division. A primary petition may contain as many contain a declaration of the candidate's place of resi-
separate papers as necessary and may contain the can- dence and the fact that the candidate has not been en-
didate's consent required by section 336. rolled in a party qualified to participate in a primary or
general election after March 1st of that election year and
A. When 2 United States Senators are to be nomi- that the candidate meets the qualifications of the office
nated, the primary petition must contain the term of the candidate seeks. The candidate must verify by oath
office sought by the candidate. or affirmation before a notary public or other person
Sec. 2. 21-A MRSA §336, sub-§3, as amended authorized by law to administer oaths or affirmations
by PL 1995, c. 459, §24, is further amended to read: that the declaration is true. If, pursuant to the challenge
procedures in section 356, any part of the declaration is
3. Residence and party declared. The consent found to be false by the Secretary of State, the consent
must contain a declaration of the candidate's place of and the nomination petition are void. The candidate
residence and party designation and a statement that the must remain unenrolled from March 1st until the gen-
candidate meets the qualifications of the office the can- eral election in order to remain qualified as an unen-
didate seeks, which the candidate must verify by oath rolled candidate for the office sought in the nomination
or affirmation before a notary public or other person petition in that election year. Upon written request by
authorized by law to administer oaths or affirmations the candidate to the Secretary of State, the Secretary of
that the declaration is true. If, pursuant to the challenge State may treat the candidate's street name and number
procedures in section 337, any part of the declaration is as confidential as long as the street name and number
found to be false by the Secretary of State, the consent are not material to the candidate's qualifications to
and the primary petition are void. Upon written request serve.
by the candidate to the Secretary of State, the Secretary
of State may treat the candidate's street name and num- A. Candidates for the office of county charter com-
ber as confidential as long as the street name and num- mission need not verify by oath or affirmation that
ber are not material to the candidate's qualifications to they are not enrolled in a party.
serve. See title page for effective date.
Sec. 3. 21-A MRSA §354, sub-§1, as amended
by PL 2019, c. 371, §11, is further amended to read: CHAPTER 390
1. Content. A nomination petition must contain H.P. 581 - L.D. 934
the name of only one candidate, the candidate's place
municipality of residence, the office sought and elec- An Act to Amend the Laws
toral division. A nomination petition may contain as
many separate papers as necessary and may contain the
Governing Damages Awarded
candidate's consent required by section 355. It may also for Wrongful Death
contain the candidate's political designation. This des- Be it enacted by the People of the State of Maine
ignation may not exceed 3 words in length, may not in- as follows:
corporate the candidate's name or the designation or an
abbreviation of the designation of a party that is quali- Sec. 1. 18-C MRSA §1-108, sub-§1, ¶B, as
fied to nominate candidates by primary election and enacted by PL 2017, c. 402, Pt. A, §2 and affected by
may not consist of or comprise language that is obscene, Pt. F, §1 and PL 2019, c. 417, Pt. B, §14, is amended to
contemptuous, profane or prejudicial, promotes abusive read:
or unlawful activity or violates any other provision of
647
PUBLIC LAW, C. 390 FIRST SPECIAL SESSION - 2023
B. "Reference base index" means the Consumer Sec. 3. 18-C MRSA §2-807, sub-§2, as
Price Index for calendar year 2017.: amended by PL 2019, c. 198, §1 and c. 417, Pt. A, §3,
is further amended to read:
(1) With respect to calculations made under
this section relating to dollar amounts stated in 2. Wrongful death action; damages; limitations.
sections 2-102, 2-402, 2-403, 2-405 and Every wrongful death action must be brought by and in
3-1201, the Consumer Price Index for calendar the name of the personal representative or special ad-
year 2017; and ministrator of the deceased person, and is distributable,
(2) With respect to calculations made under after payment for funeral expenses and the costs of re-
covery including attorney's fees, directly to the dece-
this section relating to the dollar amount stated dent's heirs without becoming part of the probate estate,
in section 2-807 for loss of comfort, society
and companionship, the Consumer Price Index except as may be specifically provided in this subsec-
tion. The amount recovered in every wrongful death
for calendar year 2023. action, except as specifically provided in this subsec-
Sec. 2. 18-C MRSA §1-108, sub-§2, as tion, is for the exclusive benefit of the deceased's heirs
amended by PL 2019, c. 417, Pt. A, §1, is further to be distributed to the individuals and in the propor-
amended to read: tions as provided under the intestacy laws of this State
2. Automatic adjustment of amounts for infla- in sections 2‑101 to 2‑113. The jury may give damages
as it determines a fair and just compensation with refer-
tion. The dollar amounts stated in sections 2‑102, ence to the pecuniary injuries resulting from the death.
2‑402, 2‑403, 2‑405 and 3‑1201 apply to the estate of a
decedent who died in or after 2017, but for the estate of Damages are payable to the estate of the deceased per-
son only if the jury specifically makes an award payable
a decedent who died after 2018, these dollar amounts to the estate for reasonable expenses of medical, surgi-
must be increased or decreased if the Consumer Price
Index for the calendar year immediately preceding the cal and hospital care and treatment and for reasonable
funeral expenses or, in the case of a settlement, the set-
year of death exceeds or is less than the reference base tlement documents specifically provide for such an al-
index. For a wrongful death action brought with respect
to a person who died after 2023, the dollar amount location to the estate for the same. In addition, the jury
may give damages not exceeding $750,000 $1,000,000
stated in section 2‑807, subsection 2 for loss of comfort, adjusted for inflation as provided in section 1-108 for
society and companionship must be adjusted if the Con-
sumer Price Index for the calendar year immediately the loss of comfort, society and companionship of the
deceased, including any damages for emotional distress
preceding the year of death exceeds or is less than the arising from the same facts as those constituting the un-
reference base index. The amount of any increase or
decrease is computed by multiplying each dollar derlying claim, to the persons for whose benefit the ac-
tion is brought. The jury may also give punitive dam-
amount by the percentage by which the Consumer Price ages not exceeding $250,000 $500,000. An action un-
Index for the calendar year immediately preceding the
year of death exceeds or is less than the reference base der this section must be commenced within 2 3 years
after the decedent's death, except that if the decedent's
index. If any increase or decrease produced by the com- death is caused by a homicide, the action may be com-
putation is not a multiple of $100, the increase or de-
crease is rounded down, if an increase, or up, if a de- menced within 6 years of the date the personal repre-
sentative or special administrator of the decedent dis-
crease, to the next multiple of $100, but for the purpose covers that there is a just cause of action against the per-
of section 2‑405, the periodic installment amount is the
lump-sum amount divided by 12. If With respect to cal- son who caused the homicide. If a claim under this sec-
tion is settled without an action having been com-
culations made under this section relating to dollar menced, the amount paid in settlement must be distrib-
amounts stated in sections 2-102, 2-402, 2-403, 2-405
and 3-1201, if the Consumer Price Index for 2018 is uted as provided in this subsection. A settlement on be-
half of minor children is not valid unless approved by
changed by the United States Department of Labor, Bu- the court, as provided in Title 14, section 1605.
reau of Labor Statistics, the reference base index must
be revised using the rebasing factor reported by the Bu- See title page for effective date.
reau of Labor Statistics or other comparable data if a
rebasing factor is not reported. With respect to calcula-
tions made under this section relating to the dollar
amount stated in section 2-807 for loss of comfort, so-
ciety and companionship, if the Consumer Price Index
for calendar year 2023 is changed by the United States
Department of Labor, Bureau of Labor Statistics, the
reference base index must be revised using the rebasing
factor reported by the Bureau of Labor Statistics or
other comparable data if a rebasing factor is not re-
ported.
648
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 391
649
PUBLIC LAW, C. 391 FIRST SPECIAL SESSION - 2023
multiple card games and games of chance to be operated subsection 2 may not permit a person under 18 years of
or conducted simultaneously by the eligible organiza- age to take part in the game night.
tion or committee described in subsection 2-B without
4. Location; frequency. A registration issued for
separate licenses or registrations. a game night must specify the location where the eligi-
Sec. 7. 17 MRSA §1834, sub-§4-A is enacted ble organization or committee may operate the game
to read: night. An eligible organization or committee may con-
duct no more than one game night in any 12-month pe-
4-A. Once-annual game night. The fee for a reg-
istration to conduct a game night under section 1832, riod.
subsection 2-B is $100. 5. "Donation" not to provide an exclusion. The
word "donation" printed on any item associated with a
Sec. 8. 17 MRSA §1835-B is enacted to read: game night does not exclude the sponsoring organiza-
§1835-B. Conduct of once-annual game night tion or committee from complying with this chapter.
1. Wagers or entry fees; definitions. The follow- Sec. 9. 17 MRSA §1840, sub-§2, as amended
ing provisions apply to a game night registered under by PL 2017, c. 284, Pt. KKKKK, §28, is further
section 1832, subsection 2-B. For purposes of this sec- amended by amending the first blocked paragraph to
tion, "eligible organization" means an organization de- read:
scribed in section 1832, subsection 2 and "committee"
has the same meaning as in section 1832, subsection 1. A nonresident manufacturer or distributor of gambling
apparatus or implements doing business in the State
A. An eligible organization or committee regis- must have an agent in this State who is licensed as a
tered to conduct a game night under section 1832, distributor. A distributor may not sell, market or other-
subsection 2-B may charge an entry fee to the game wise distribute gambling apparatus or implements to a
night, the proceeds of which must be used as de- person or organization, except to persons or eligible or-
scribed in section 1832, subsection 2-B and to ganizations described under section 1832, subsection 2
cover the costs of conducting the game night. licensed or registered to operate or conduct games un-
der this chapter or registered to conduct a special raffle
B. Card games and games of chance operated or
conducted at a game night must use tokens or other under section 1837‑A or to eligible organizations and
committees registered to conduct a game night under
devices approved by the Gambling Control Unit by section 1832, subsection 2-B. A distributor may not
rule. No money or thing of value may be wagered
on a card game or game of chance operated or con- lease or loan or otherwise distribute free of charge any
gambling apparatus or implements to an organization
ducted at a game night. eligible to operate a game under this chapter, except that
C. An eligible organization or committee may a distributor may lease gambling apparatus or imple-
award prizes to an individual as a result of that in- ments to an agricultural society registered to operate
dividual's participation in card games and games of games of chance on the grounds of the agricultural so-
chance operated or conducted during the game ciety and during the annual fair of the agricultural soci-
night. Prior to the game night, the eligible organi- ety as long as the distributor does not charge the agri-
zation or committee shall determine the available cultural society an amount in excess of 50% of the gross
prizes and shall identify those prizes in its applica- revenue from any game conducted under this chapter.
tion for registration. The Gambling Control Unit
may establish, as necessary, rules regarding ac- Sec. 10. 17 MRSA §1840, sub-§5, as amended
by PL 2017, c. 284, Pt. KKKKK, §28, is further
ceptable prizes. amended to read:
2. Conduct of once-annual game night. A game 5. Agricultural societies; lease Lease agree-
night must be conducted by members or employees of
the eligible organization or committee conducting the ments. When a gambling apparatus or implement is
leased as provided in subsection 2 to an agricultural so-
game night or by employees of a distributor licensed ciety or to an eligible organization or committee regis-
under section 1840 who leases gambling apparatus or
implements for the purposes of the game night. Any tered under section 1832, subsection 2-B, the distributor
shall forward to the Gambling Control Unit a copy of
gambling apparatus or any other implements of gam- the lease agreement and shipment approval prior to de-
bling that are used in the operation or conduct of card
games or games of chance during the game night must livery of the gambling apparatus or implement. The
terms of the lease must include, but are not limited to,
be leased by the eligible organization or committee the name of the lessor; address of the lessor; name of
from a distributor licensed under section 1840.
the lessee; address of the lessee; description of the gam-
3. Persons under 18 years of age. An eligible bling apparatus or implement; serial number, model
organization or committee conducting a game night or name or number of the gambling apparatus or imple-
the employees of a distributor licensed under section ment; and all prices and payments for the lease. Each
1840 authorized to conduct the game night pursuant to lease must be for a specific period of time no longer
650
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 392
than the duration of the annual fair of that lessee or the C. "State-owned building" means a building
game night under section 1832, subsection 2-B, and owned by the State in which persons employed by
each gambling apparatus must have its own separate a state agency perform job duties, including, but
lease. Gambling apparatus or implements leased under not limited to, maintenance and repair work.
this section:
2. Initial inventory. The bureau shall inventory
A. May be operated only for the exclusive benefit all state-owned buildings to identify the presence of as-
of an eligible organization or committee under sec- bestos, lead, black mold, radon and other substances
tion 1832, subsection 2-B or for the exclusive ben- that may be harmful to human health. The department
efit of the agricultural society, except that the agri- shall require property owners of buildings leased to the
cultural society may pay a distributor up to 50% of State to conduct a similar inventory and provide the re-
gross gaming revenue in accordance with subsec- sults of the inventory to the bureau prior to executing a
tion 2; and new lease or renewing or extending an existing lease
and, with respect to a lease that on the effective date of
B. Must bear the name and address of the distrib-
utor. this subsection has a remaining term of more than 2
years, within 12 months of the effective date of this sub-
Sec. 11. 21-A MRSA §1006 is enacted to read: section. The bureau shall enter the results of the inven-
§1006. Proceeds of game night tories into the database established and maintained by
the bureau pursuant to subsection 3.
A party committee, political action committee or
3. Database. The bureau shall establish and main-
ballot question committee registered under this chapter tain an electronic database including, for each state-
that conducts a game night pursuant to Title 17, section
1832, subsection 2-B shall report to the commission all owned building or state-leased building:
proceeds from the game night in a manner prescribed A. The results of the inventories completed by the
by rule by the commission. Rules adopted under this bureau and by the property owners of state-leased
section are routine technical rules as defined in Title 5, buildings pursuant to subsection 2;
chapter 375, subchapter 2-A. B. Detailed plans for the mitigation, remediation,
See title page for effective date. abatement or containment of asbestos, lead, black
mold, radon and other substances that may be
harmful to human health found in state-owned
CHAPTER 392 buildings and state-leased buildings; and
H.P. 745 - L.D. 1173 C. Data on the completion of planned mitigation,
remediation, abatement or containment under par-
An Act Directing the Bureau of agraph B.
General Services to Ensure
4. Access to database. The database established
Adequate Air Quality in All and maintained pursuant to subsection 3 must be readily
State-owned and State-leased accessible electronically to:
Buildings
A. Collective bargaining agents of employees who
Be it enacted by the People of the State of Maine work in state-owned buildings or state-leased
as follows: buildings;
Sec. 1. 5 MRSA §1742-G, as enacted by PL B. State employees whose usual work sites are
2021, c. 262, §1, is amended to read: state-owned buildings or state-leased buildings that
§1742-G. Bureau of General Services; inventory of contain asbestos, lead, black mold, radon or other
asbestos, lead, black mold, radon and other substances that may be harmful to human health;
substances that may be harmful to human C. Individuals who perform maintenance, repair
health in state-owned and state-leased and custodial services in state-owned buildings or
buildings state-leased buildings;
1. Definitions. As used in this section, unless the D. Firefighters responsible for providing services
context otherwise indicates, the following terms have to state-owned buildings or state-leased buildings;
the following meanings.
E. The Department of Labor;
A. "Bureau" means the Bureau of General Services
within the department. F. The Department of Health and Human Services,
Maine Center for Disease Control and Prevention;
B. "Department" means the Department of Admin- and
istrative and Financial Services.
651
PUBLIC LAW, C. 393 FIRST SPECIAL SESSION - 2023
G. Members of the joint standing committee of the and Financial Services, Bureau of General Services
Legislature having jurisdiction over state and local shall test the air quality in the State House for the pres-
government matters. ence of radon and shall submit a report with the results
5. Building maintenance or repair. Prior to any of the testing to the Legislative Council. The report
must also include recommendations on mitigation
maintenance or repair of a state-owned building by a measures to reduce exposure to harmful levels of radon
person employed by a state agency, the bureau shall re-
view the building's records in the database established by persons working in or visiting the State House.
and maintained pursuant to subsection 3 or inventory See title page for effective date.
the state-owned building if the state-owned building has
not already been inventoried pursuant to subsection 2
and add the results of the inventory into the database CHAPTER 393
established and maintained pursuant to subsection 3. If H.P. 886 - L.D. 1372
asbestos, lead, black mold, radon or other substances
that may be harmful to human health are found in the An Act to Amend the Workers'
state-owned building to be maintained or repaired by a Compensation Self-insurance
person employed by a state agency, the bureau shall in-
form the person performing the maintenance or repair
Laws to Allow for the Use of
work and provide appropriate protective gear. Fronting Companies
6. Monitoring, mitigation, abatement and reme- Be it enacted by the People of the State of Maine
diation. To promote a safe and healthy environment in as follows:
state-owned buildings, the bureau's division of safety Sec. 1. 39-A MRSA §403, sub-§4-B is enacted
and environmental services shall: to read:
A. Provide statewide monitoring of state-owned 4-B. Group self-insurance reinsurance fronting
buildings to continuously identify the presence of arrangements. This subsection governs group self-
health hazards in state-owned buildings, including, insurance reinsurance fronting arrangements.
but not limited to, asbestos, lead, black mold, radon
and other substances that may be harmful to human A. As used in this subsection, unless the context
health; otherwise indicates, the following terms have the
following meanings.
B. Conduct routine building inventories and test-
ing as appropriate to discover and assess the pres- (1) "Fronting arrangement" means a situation
ence of health hazards in state-owned buildings, in- in which a fronting company issues a policy
cluding, but not limited to, asbestos, lead, black for workers' compensation insurance to an em-
mold, radon and other substances that may be ployer member of a group self-insurer licensed
harmful to human health; under this Title and cedes all of the premium
and exposure of the policy for out-of-state em-
C. Identify any mitigation, abatement, remedia- ployees to the self-insured group.
tion, containment and maintenance necessary to
address and prevent potential health hazards in (2) "Fronting company" means an entity that
state-owned buildings, including, but not limited engages in a fronting arrangement. A fronting
to, asbestos, lead, black mold, radon and other sub- company may be owned by one or more group
stances that may be harmful to human health; and self-insurers or by a group self-insurance rein-
surance account.
D. Work with state departments and state agencies
to develop safety protocols and train state employ- (3) "National Association of Insurance Com-
ees on safety protocols. missioners" has the same meaning as in Title
24-A, section 15.
7. Biennial report. The department shall submit
a report to the joint standing committee of the Legisla- (4) "Superintendent" means the Superinten-
ture having jurisdiction over state and local government dent of Insurance.
matters that describes the conditions of state-owned B. Beginning June 1, 2024 and until May 31, 2029,
buildings and state-leased buildings and areas of con- an employer member of a group self-insurer li-
cern by February 1st of every even-numbered year. censed under this Title may insure its employees
8. Rules. The department may adopt rules to im- through a fronting arrangement under the following
plement this section. Rules adopted pursuant to this conditions.
subsection are routine technical rules pursuant to chap- (1) The group self-insurer must:
ter 375, subchapter 2‑A.
(a) Be a member of a group self-insurance
Sec. 2. State House radon testing; report. By reinsurance account, and the assets of the
January 15, 2024, the Department of Administrative
652
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 393
653
PUBLIC LAW, C. 394 FIRST SPECIAL SESSION - 2023
through a fronting arrangement in place prior to June 1, attorney-client privilege. The attorneys' names, tel-
2029. ephone numbers and other contact information are
confidential.
Sec. 3. Rulemaking. The Superintendent of In-
surance shall provisionally adopt the rules required in Sec. A-4. 5 MRSA §200-N is enacted to read:
the Maine Revised Statutes, Title 39-A, section 403, §200-N. Confidential attorney-client communica-
subsection 4-B, paragraph D no later than January 1,
2024. tions
See title page for effective date. 1. Policies. By January 1, 2024, the Attorney Gen-
eral shall adopt a written policy for the protection of
confidential attorney-client communications by em-
CHAPTER 394 ployees and agents of the Attorney General, which must
include, at a minimum, processes to protect and ensure
S.P. 635 - L.D. 1603 confidentiality of attorney-client communications and
processes to be followed in the event that there is a
An Act to Implement the breach of attorney-client confidentiality.
Recommendations of the
2. Training. By January 1, 2024, the Attorney
Committee To Ensure General shall develop a training program for all state,
Constitutionally Adequate county and municipal law enforcement officers and in-
Contact with Counsel vestigators who, as part of a criminal investigation, may
Be it enacted by the People of the State of Maine inadvertently hear confidential attorney-client commu-
as follows: nications, which must include, at a minimum, practices
and procedures for protecting and ensuring confidential
PART A attorney-client communications and practices and pro-
Sec. A-1. 4 MRSA §1804, sub-§3, ¶N, as cedures to be followed in the event that there is a breach
amended by PL 2021, c. 481, §3, is further amended to of attorney-client confidentiality.
read: Sec. A-5. 15 MRSA §714 is enacted to read:
N. Develop a procedure for approving requests by §714. Intercepted attorney-client communications
counsel for authorization to file a petition as de- of jail and correctional facility residents
scribed in section 1802, subsection 4, paragraph D;
and 1. Intercepted attorney-client communications
of jail and correctional facility residents. If the sender
Sec. A-2. 4 MRSA §1804, sub-§3, ¶O, as en- or the recipient of an intercepted oral communication or
acted by PL 2021, c. 481, §4, is amended to read: wire communication was, at the time the communica-
O. Establish a system to audit financial requests tion was made, a resident in either a jail or an adult or
and payments that includes the authority to recoup juvenile correctional facility administered by the De-
payments when necessary. The commission may partment of Corrections and the other party was an at-
summon persons and subpoena witnesses and com- torney and if the resident demonstrates that the jail or
pel their attendance, require production of evi- correctional facility had actual or constructive notice at
dence, administer oaths and examine any person the time the communication was made of the attorney's
under oath as part of an audit. Any summons or name and, if the communication involved the use of a
subpoena may be served by registered mail with re- telephone, the jail or correctional facility had actual or
turn receipt. Subpoenas issued under this para- constructive notice at the time that the communication
graph may be enforced by the Superior Court.; and was made of the attorney's telephone number and the
communication was made directly to or from that tele-
Sec. A-3. 4 MRSA §1804, sub-§3, ¶P is en- phone number:
acted to read:
A. The contents of the intercepted oral communi-
P. Develop and maintain a registry of names, tele- cation or wire communication and the fact and cir-
phone numbers and other contact information for cumstances of the communication are not admissi-
attorneys who provide legal services to persons ble in a criminal proceeding, including a proceed-
who are incarcerated. The commission shall on a ing under chapter 305-A;
weekly basis provide these names, telephone num-
bers and other contact information to all sheriffs' B. A person who viewed or listened to the inter-
offices and to the Department of Corrections. On cepted communication and did not immediately
the Monday following transmission of the infor- discontinue viewing or listening to the communi-
mation, the sheriffs' offices and the Department of cation as soon as the person had sufficient infor-
Corrections have constructive notice that commu- mation to determine that the sender or the recipient
nications to and from these attorneys by residents of the communication was, at the time the commu-
of jails and correctional facilities are subject to the
654
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 394
nication was made, a resident in a jail or correc- fendants in criminal cases and one person knowledgea-
tional facility and the other part was an attorney, is ble about public safety who has been recommended to
disqualified from participating in an investigation the Governor by the Wabanaki tribal governments of
of the resident and from appearing as a witness in the Aroostook Band of Micmacs Mi'kmaq Nation, the
a criminal proceeding in which the resident is a de- Houlton Band of Maliseet Indians, the Passamaquoddy
fendant, including a proceeding under chapter Tribe at Motahkmikuk, the Passamaquoddy Tribe at
305-A; and Sipayik and the Penobscot Nation. The member ap-
pointed by the Governor based on the recommendation
C. A person who viewed or listened to the inter- of the Wabanaki tribal governments must be recom-
cepted communication and saw or heard infor-
mation that may be relevant to a pending or antici- mended by the tribal governments by a process deter-
mined by those governments that provides for the board
pated charge against the resident or a defense the membership to rotate among the tribal governments.
resident may assert, or may lead to the discovery of
that evidence, is disqualified from participating in Sec. A-7. 25 MRSA §2803-B, sub-§1, ¶M, as
the investigation of the resident and from appearing amended by PL 2021, c. 342, §2, is further amended to
as a witness in the pending or anticipated criminal read:
proceeding in which the resident is a defendant, in-
M. Freedom of access requests. The chief admin-
cluding a subsequent proceeding under chapter istrative officer of a municipal, county or state law
305-A on the pending or anticipated charge.
enforcement agency shall certify to the board annu-
For purposes of this subsection, the inclusion of the at- ally that the agency has adopted a written policy
torney's name and telephone number on a list transmit- regarding procedures to deal with a freedom of ac-
ted by the Maine Commission on Indigent Legal Ser- cess request and that the chief administrative of-
vices pursuant to Title 4, section 1804, subsection 3, ficer has designated a person who is trained to re-
paragraph P to a sheriff's office or to the Department of spond to a request received by the agency pursuant
Corrections constitutes constructive notice to a jail in to Title 1, chapter 13; and
the same county as the sheriff's office or to all correc-
tional facilities administered by the Department of Cor- Sec. A-8. 25 MRSA §2803-B, sub-§1, ¶N, as
enacted by PL 2021, c. 342, §3, is amended to read:
rections, respectively, beginning on the Monday fol-
lowing the transmission. N. Unannounced execution of search warrants.;
and
2. Application of other law or rule. This section
does not limit the applicability of any other provision of Sec. A-9. 25 MRSA §2803-B, sub-§1, ¶O is
law or of the Maine Rules of Evidence regarding the enacted to read:
admissibility or inadmissibility in evidence of attorney-
client communications that do not meet the require- O. By January 1, 2024, the confidentiality of
attorney-client communications, which must in-
ments of this section. clude, at a minimum, processes to protect and en-
Sec. A-6. 25 MRSA §2802, first ¶, as amended sure confidentiality of attorney-client communica-
by PL 2019, c. 103, §1, is further amended to read: tions and processes to be followed in the event that
there is a breach of attorney-client confidentiality.
There is created a board of trustees for the academy
consisting of 18 19 members as follows: the Commis- Sec. A-10. 25 MRSA §2804-C, sub-§2-G is
sioner of Public Safety, ex officio, the Attorney Gen- enacted to read:
eral, ex officio, the Game Warden Colonel in the De-
partment of Inland Fisheries and Wildlife, ex officio, 2-G. Training regarding confidential attorney-
client communications. Beginning January 1, 2024,
the Commissioner of Corrections, ex officio, the Chief the board shall include in the basic law enforcement
of the State Police, ex officio, and the following to be
appointed by the Governor: a county sheriff, a chief of training program a block of instruction on the confiden-
tiality of attorney-client communications, including the
a municipal police department, 2 officers of municipal processes that law enforcement agencies use to protect
police departments who are not police chiefs, an educa-
tor who is not and has never been a sworn member of a and ensure the confidentiality of attorney-client com-
munications and the processes that law enforcement
law enforcement agency, a criminal prosecutor from agencies follow in the event that there is a breach of
one of the offices of the District Attorney, a representa-
tive of a federal law enforcement agency, 3 citizens attorney-client confidentiality.
each of whom is not and has never been a sworn mem- Sec. A-11. 25 MRSA §2804-D, as amended by
ber of a law enforcement agency, a municipal official PL 2017, c. 436, §1, is further amended to read:
who is not and has never been a sworn member of a law
§2804-D. Basic corrections training
enforcement agency, one nonsupervisory corrections
officer representing a state or county correctional facil- 1. Required. As a condition to the continued em-
ity, one person who is an attorney who represents de- ployment of any person as a corrections officer, that
person must successfully complete, within the first 12
655
PUBLIC LAW, C. 394 FIRST SPECIAL SESSION - 2023
months of employment, a basic training course as ap- confidential, except that each facility must
proved by the board. Thereafter, as a condition of con- proactively and by request of the attorney or
tinued employment as a corrections officer, the officer the attorney's client who is a resident of the fa-
must satisfactorily maintain the basic certification. The cility confirm the registration of an attorney's
board, under extenuating and emergency circumstances name, telephone number and other contact in-
in individual cases, may extend the 12-month period for formation; and
not more than 180 days. The board, in individual cases, (2) Processes to be followed in the event that
may waive basic training requirements when the facts
indicate that an equivalent course has been successfully there is a breach of attorney-client confidenti-
ality; and
completed in another state or federal jurisdiction. A
full-time correctional trade instructor must meet the B. By January 1, 2024, requiring each county and
training requirements established under this subsection municipal detention facility to designate space
for corrections officers. Beginning January 1, 2018, the within the facility for attorney-client meetings and
basic training course must include 8 hours of training in the exchange of case materials and to make that
how to identify, understand and respond to signs of space available to residents of the facility and their
mental illnesses and substance use disorder that is pro- attorneys on a timely basis.
vided by a trainer who is certified by a nationally rec-
ognized organization that provides evidence-based Sec. A-14. 34-A MRSA §1402, sub-§14 is en-
acted to read:
mental health first aid training. Beginning January 1,
2024, the basic training course must include a block of 14. Standards regarding attorney-client com-
instruction on the confidentiality of attorney-client munications. The commissioner shall establish man-
communications, including the processes that correc- datory standards:
tional facilities and jails use to protect and ensure the
confidentiality of attorney-client communications and A. By January 1, 2024, for the protection of confi-
dential attorney-client communications by each
the processes that correctional facilities and jails follow correctional facility. The standards must include, at
in the event that there is a breach of attorney-client con-
fidentiality. a minimum:
Sec. A-12. 30-A MRSA §291 is enacted to (1) Processes to protect and ensure confiden-
tiality of attorney-client communications, in-
read: cluding but not limited to requirements that
§291. Confidential attorney-client communications each correctional facility develop and maintain
a registry of the names, telephone numbers and
By January 1, 2024, each district attorney shall other contact information for attorneys who
adopt a written policy for the protection of confidential
attorney-client communications by employees and provide legal services to persons who are resi-
dents of the correctional facility and that the
agents of the district attorney's office, which must in- attorneys' names, telephone numbers and other
clude, at a minimum, processes to protect and ensure
confidentiality of attorney-client communications and contact information on the registry are confi-
dential, except that each correctional facility
processes to be followed in the event that there is a must proactively and by request of the attorney
breach of attorney-client confidentiality.
or the attorney's client confirm the registration
Sec. A-13. 34-A MRSA §1208, sub-§8 is en- of an attorney's name, telephone number and
acted to read: other contact information; and
8. Standards regarding attorney-client commu- (2) Processes to be followed in the event that
nications. The commissioner shall establish mandatory there is a breach of attorney-client confidenti-
standards: ality; and
A. By January 1, 2024, for the protection of confi- B. By January 1, 2024, requiring each correctional
dential attorney-client communications by each facility to designate space within the correctional
county and municipal detention facility. The stan- facility for attorney-client meetings and the ex-
dards must include, at a minimum: change of case materials and to make that space
available to residents of the correctional facility
(1) Processes to protect and ensure confiden-
tiality of attorney-client communications, in- and their attorneys on a timely basis.
cluding but not limited to requirements that PART B
each facility develop and maintain a registry of
the names, telephone numbers and other con- Sec. B-1. Report on courthouse space. The
State Court Administrator shall submit a report by Jan-
tact information for attorneys who provide le- uary 1, 2024 to the Joint Standing Committee on Crim-
gal services to residents of the facility and that
the attorneys' names, telephone numbers and inal Justice and Public Safety and the Joint Standing
Committee on Judiciary on the availability of space in
other contact information on the registry are
656
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 395
public areas of courthouses and in secure holding areas C. Be in the amount or limit of at least:
of courthouses for confidential attorney-client commu-
nications, including the review of written, video and au- (1) For damage to property, $25,000;
dio materials related to criminal cases. The report must (2) For injury to or death of any one person,
include an assessment of the space available in each $50,000;
courthouse and, to the extent space is inadequate for
(3) For one accident resulting in injury to or
confidential attorney-client communications, a plan for death of more than one person, $100,000; and
the development of adequate space within that court-
house. (4) For medical payments pursuant to section
Sec. B-2. Development of policies and pro- 1605‑A, $2,000.; and
cedures. The County Corrections Professional Stan- (5) For towing and storage charges pursuant
dards Council, established in the Maine Revised Stat- to section 1605-B, $500.
utes, Title 5, section 12004-G, subsection 6-D, shall
convene meetings of state, county and municipal law
Sec. A-2. 29-A MRSA §1605-B is enacted to
read:
enforcement agencies, county and municipal jails, the
judicial branch, the Department of Corrections, the §1605-B. Towing and storage charges
Maine Sheriffs' Association, the Office of the Attorney A motor vehicle liability policy issued for a motor
General, the Maine Prosecutors Association, the Maine
Association of Criminal Defense Lawyers and the vehicle registered or principally garaged in this State
must provide coverage in an amount up to $500 per ac-
Maine Commission on Indigent Legal Services to de- cident for the reasonable towing and storage charges in-
velop a consistent set of policies and procedures to be
implemented by all law enforcement agencies, district curred as a result of an accident involving the insured
vehicle if the vehicle is towed at the request of a law
attorneys' offices, jails, holding facilities, short-term de- enforcement officer. The coverage required by this sec-
tention areas and correctional facilities, as applicable to
the agencies, offices and facilities, that protect and en- tion applies only to the reasonable towing and storage
charges of the insured vehicle. This section does not ap-
sure attorney-client communications are confidential ply to a policy insuring more than 4 motor vehicles, nor
and that clearly describe the following:
to any policy covering a garage, automobile sales
1. The process for protecting and ensuring the con- agency, repair shop, service station or public parking
fidentiality of attorney-client communications; place.
2. The policies to be followed in the event that Sec. A-3. 29-A MRSA §1861, first ¶, as
there is a breach of attorney-client confidentiality; and amended by PL 2017, c. 120, §1, is further amended to
read:
3. The methods by which attorneys and persons
who are residents of jails and correctional facilities will A person holding or storing an abandoned vehicle,
be made aware of confidential channels for attorney- holding or storing a vehicle towed at the request of the
client communications and the methods by which per- vehicle's operator, owner or owner's agent or holding or
sons who are residents of jails and correctional facilities storing a vehicle stored at the request of a law enforce-
will be provided with information regarding their right ment officer may hold the vehicle and all its accessories,
to confidential attorney-client communications. contents and equipment, not including the personal ef-
fects of the registered owner, until reasonable towing
See title page for effective date. and storage charges of the person holding or storing the
vehicle are paid, except that a person may not hold the
CHAPTER 395 perishable cargo of a commercial motor vehicle, as de-
fined in 49 Code of Federal Regulations, Part 390.5, as
S.P. 666 - L.D. 1661 amended, when the perishable cargo being transported
in interstate or intrastate commerce is not owned by the
An Act to Require a Liability motor carrier or driver of the commercial motor vehicle
Automobile Insurance Policy to being held and the person holding or storing the towed
Cover the Costs of Towing and vehicle is presented with evidence of insurance, as de-
Storing Certain Vehicles fined in section 1551, covering the commercial motor
vehicle and the vehicle's cargo. For purposes of this
Be it enacted by the People of the State of Maine paragraph, "perishable cargo" means cargo of a com-
as follows: mercial motor vehicle that is subject to spoilage or de-
PART A cay or is marked with an expiration date. The owner of
the vehicle shall maintain, at a minimum, the amounts
Sec. A-1. 29-A MRSA §1605, sub-§1, ¶C, as of motor vehicle financial responsibility in accordance
amended by PL 2007, c. 213, §1 and affected by §3, is with section 1605-B to pay the reasonable towing and
further amended to read:
657
PUBLIC LAW, C. 396 FIRST SPECIAL SESSION - 2023
storage charges of the person holding or storing the ve- The department shall implement and administer a
hicle. system, referred to in this section as "the tracking sys-
tem," for the tracking of cannabis plants, adult use can-
Sec. A-4. Application. This Part applies to all nabis and adult use cannabis products from immature
motor vehicle liability insurance policies executed, de-
cannabis plant to the point of retail sale, return, disposal
livered, issued for delivery, continued or renewed in or destruction. The tracking system must allow for can-
this State on or after July 1, 2024. For purposes of this
Part, all policies are deemed to be renewed no later than nabis plants at the stage of cultivation and upon transfer
from the stage of cultivation to another licensee to be
the next yearly anniversary of the contract date. tracked by group. The department may implement a
Sec. A-5. Appropriations and alloca- tracking system that allows adult use cannabis or adult
tions. The following appropriations and allocations use cannabis products to be tracked by group.
are made.
Sec. 2. 28-B MRSA §105, 2nd ¶, as enacted
PROFESSIONAL AND FINANCIAL by PL 2021, c. 628, §1 and amended by c. 669, §5, is
REGULATION, DEPARTMENT OF further amended to read:
Insurance - Bureau of 0092 The department shall ensure that the system imple-
mented and administered under this section, whether
Initiative: Provides a one-time allocation of funds for tracking individually or by group, maintains a detailed
review of rate plans and forms associated with motor
vehicle liability policy coverage of towing and vehicle record at every stage from immature cannabis plant to
the point of retail sale, return, disposal or destruction.
storage.
OTHER SPECIAL 2023-24 2024-25
Sec. 3. 28-B MRSA §114 is enacted to read:
REVENUE FUNDS §114. Confidentiality
All Other $0 $20,250
__________ __________ The home address, telephone number and e-mail
OTHER SPECIAL REVENUE $0 $20,250 address of the applicant, employees of the applicant and
FUNDS TOTAL all natural persons having a direct or indirect financial
interest in the applied-for license are confidential.
PART B
Sec. B-1. Review of impact on premiums. Sec. 4. 28-B MRSA §501, sub-§3, ¶D, as en-
acted by PL 2017, c. 409, Pt. A, §6 and amended by PL
The Department of Professional and Financial Regula- 2021, c. 669, §5, is further amended to read:
tion, Bureau of Insurance shall review proposed rates
provided by insurers offering motor vehicle liability in- D. A nursery cultivation facility may sell to con-
surance in this State on or after July 1, 2024 to deter- sumers only immature cannabis plants, seedlings,
mine the premium impact on rates of requiring coverage cannabis seeds and agricultural or gardening sup-
in accordance with the Maine Revised Statutes, Title plies relating to the cultivation of cannabis pursu-
29-A, section 1605-B. The bureau shall submit a report ant to subsection 11 or from the nursery cultivation
to the Joint Standing Committee on Health Coverage, facility under this paragraph. Sales to consumers
Insurance and Financial Services no later than February by from a nursery cultivation facility:
1, 2024. The committee may report out a bill based on (1) Must be conducted within a portion of the
the report to the Second Regular Session of the 131st licensed premises of the nursery cultivation fa-
Legislature. cility that is dedicated to consumer sales of im-
See title page for effective date. mature cannabis plants, seedlings, cannabis
seeds and agricultural or gardening supplies
relating to the cultivation of cannabis. A
CHAPTER 396 nursery cultivation facility licensee shall en-
H.P. 1205 - L.D. 1880 sure that the portion of the licensed premises
of the nursery cultivation facility that is dedi-
An Act to Amend the Adult cated to consumer sales complies with all ap-
Use Cannabis Laws plicable requirements of this chapter and the
rules adopted pursuant to this chapter concern-
Be it enacted by the People of the State of Maine ing the operation of cannabis stores; and
as follows:
(2) Are subject to the sales tax imposed pur-
Sec. 1. 28-B MRSA §105, first ¶, as amended suant to Title 36, section 1811 and must be col-
by PL 2021, c. 628, §1 and c. 669, §5, is further lected and remitted as required by subsection
amended to read: 9.
658
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 396
Sec. 5. 28-B MRSA §501, sub-§10, as enacted cannabis product until transferred, whether in its origi-
by PL 2017, c. 409, Pt. A, §6 and amended by PL 2021, nal form or as a cannabis product, to another products
c. 669, §5, is further amended to read: manufacturing facility or a cannabis store or disposed
10. Tracking. In accordance with the require- of or destroyed.
ments of section 105, a cultivation facility licensee shall Sec. 8. 28-B MRSA §502, sub-§14 is enacted
track the adult use cannabis it cultivates from immature to read:
cannabis plant to the point at which the cannabis plant
14. Return of cannabis plant, flower or trim.
or the cannabis produced by the cannabis plant is deliv- Notwithstanding any provision of law to the contrary, a
ered or transferred to a products manufacturing facility,
a testing facility, a cannabis store or another cultivation products manufacturing facility licensee may return a
cannabis plant, cannabis flower or cannabis trim to a
facility or is disposed of or destroyed. If a cultivation cultivation facility from which the cannabis plant, can-
facility receives a return of a cannabis plant, cannabis
flower or cannabis trim from a products manufacturing nabis flower or cannabis trim was received, as long as
the products manufacturing facility licensee tracks the
facility, a cannabis store or another cultivation facility, cannabis plant, cannabis flower or cannabis trim until
the cultivation facility licensee receiving the return shall
track the returned cannabis plant, cannabis flower or transferred to the cultivation facility and as long as the
cultivation facility accepts returns.
cannabis trim to the point at which the return is trans-
ferred to a products manufacturing facility, a testing fa- Sec. 9. 28-B MRSA §504, sub-§8, as enacted
cility, a cannabis store or a cultivation facility or is dis- by PL 2017, c. 409, Pt. A, §6 and amended by PL 2021,
posed of or destroyed. c. 669, §5, is further amended to read:
Sec. 6. 28-B MRSA §501, sub-§11 is enacted 8. Tracking. In accordance with the requirements
to read: of section 105, a cannabis store licensee shall track all
adult use cannabis and adult use cannabis products from
11. Delivery service. A tier 1 cultivation facility
under section 301, subsection 1, a tier 2 cultivation fa- the point at which the cannabis or cannabis products are
delivered or transferred to the cannabis store by a culti-
cility under section 301, subsection 2 and a nursery cul- vation facility or a products manufacturing facility to
tivation facility may sell to consumers through a deliv-
ery service operated under the same requirements as for the point at which the cannabis or cannabis products are
sold to a consumer, are delivered or transferred to a test-
cannabis stores under section 504, subsection 9, but a ing facility, are returned to a cultivation facility or a
nursery cultivation facility may sell under this subsec-
tion only those items authorized for sale under subsec- products manufacturing facility from which the canna-
bis or cannabis products were received or are disposed
tion 3, paragraph D. A cultivation facility authorized to of or destroyed.
conduct retail sales under this subsection shall ensure
that the tax imposed on the sale of adult use cannabis Sec. 10. 28-B MRSA §504, sub-§9, as enacted
and adult use cannabis products to a consumer pursuant by PL 2021, c. 667, §3 and amended by c. 669, §5, is
to Title 36, section 1811 is collected and remitted in further amended to read:
accordance with the requirements of Title 36, Part 3 and
9. Limited delivery service. A cannabis store,
the rules adopted pursuant to Title 36, Part 3. cultivation facility or products manufacturing facility
Sec. 7. 28-B MRSA §502, sub-§13, as enacted may operate a limited delivery service for the delivery
by PL 2017, c. 409, Pt. A, §6 and amended by PL 2021, of immature cannabis plants, seedlings, adult use can-
c. 669, §5, is further amended to read: nabis and adult use cannabis products in accordance
13. Tracking. In accordance with the require- with the requirements of this subsection. A cannabis
store may not deliver adult use cannabis or an immature
ments of section 105, a products manufacturing facility cannabis plant, seedling or adult use cannabis product
licensee shall track the adult use cannabis it uses in its
manufacturing processes from the point the cannabis is to a person under 21 years of age. A municipality may
not prohibit delivery of adult use cannabis and adult use
delivered or transferred to the products manufacturing cannabis products authorized under this subsection.
facility by a cultivation facility to the point the cannabis
or cannabis concentrate or an adult use cannabis prod- A. A cannabis store, cultivation facility or products
uct produced using the cannabis or cannabis concentrate manufacturing facility operating a limited delivery
is delivered or transferred to another products manufac- service shall ensure that cannabis store employees
turing facility, a testing facility or a cannabis store or is engaging in delivery have received training, pre-
disposed of or destroyed. If a products manufacturing scribed by the department by rule, on how to
facility licensee receives a return of cannabis, cannabis properly verify the age of a person making a pur-
concentrate or an adult use cannabis product from an- chase for delivery and how to ensure that no deliv-
other products manufacturing facility or a cannabis eries are made to a person under 21 years of age.
store, the products manufacturing facility licensee shall
track the cannabis, cannabis concentrate or adult use B. A cannabis store, cultivation facility or products
manufacturing facility operating a limited delivery
659
PUBLIC LAW, C. 396 FIRST SPECIAL SESSION - 2023
service may deliver only to a residential dwelling Sec. 14. 28-B MRSA §702, sub-§1, ¶B, as en-
and may not deliver to any residential dwelling lo- acted by PL 2017, c. 409, Pt. A, §6, is repealed.
cated to any location in a municipality, except lo-
cations within a safe zone designated by a munici-
Sec. 15. 28-B MRSA §702, sub-§2, ¶C, as
enacted by PL 2017, c. 409, Pt. A, §6, is amended to
pality under Title 30‑A, section 3253. A cannabis
store operating a limited delivery service may de- read:
liver to a residential dwelling in any municipality C. A prohibition on opt-in advertising or market-
in the State regardless of whether the municipality ing that does not permit an easy and permanent opt-
has approved the operation of cannabis stores. out feature; and
C. A cannabis store, cultivation facility or products Sec. 16. 28-B MRSA §702, sub-§2, ¶D, as
manufacturing facility operating a limited delivery enacted by PL 2017, c. 409, Pt. A, §6, is amended to
service may deliver to a hotel or business as long read:
as the cannabis store, cultivation facility or prod-
D. A prohibition on advertising or marketing di-
ucts manufacturing facility has received written rected toward location-based devices, including,
consent for delivery to the hotel or business from
an authorized employee of the hotel or business and but not limited to, cellular telephones, unless the
marketing is a mobile device application installed
the cannabis store, cultivation facility or products on the device by the owner of the device who is 21
manufacturing facility retains a copy of the written
consent. The written consent must be maintained years of age or older and includes a permanent and
easy opt-out feature.; and
and open to inspection by the department in accor-
dance with section 511. Sec. 17. 28-B MRSA §702, sub-§2, ¶E is en-
acted to read:
The department shall adopt rules to implement this sub-
section. Rules adopted pursuant to this subsection are E. Specific limitations on signs, advertising and
routine technical rules as defined in Title 5, chapter 375, marketing to minimize the appeal of adult use can-
subchapter 2‑A. nabis and adult use cannabis products to persons
under 21 years of age.
Sec. 11. 28-B MRSA §504, sub-§11 is enacted
to read: Sec. 18. 28-B MRSA §702, sub-§3 is enacted
11. Return of adult use cannabis. Notwithstand- to read:
ing any provision of law to the contrary, a cannabis 3. Restrictions on signs, advertising and mar-
store licensee may return a cannabis plant, cannabis keting. A licensee may advertise or market the promo-
flower and cannabis trim to a cultivation facility from tion of the licensee's business and adult use cannabis
which the cannabis plant, cannabis flower or cannabis and adult use cannabis products sold by the licensee, in-
trim was received, or return cannabis or cannabis prod- cluding the display of a sign on the licensed premises
ucts to the products manufacturing facility from which and off the licensed premises on the exterior of a motor
the cannabis or cannabis product was received, as long vehicle in accordance with this section.
as the cannabis store licensee tracks the return as re-
quired in subsection 8 until transferred to the cultivation Sec. 19. 28-B MRSA §703, sub-§1, ¶F, as
amended by PL 2021, c. 558, §4, is further amended to
facility or products manufacturing facility and as long read:
as the cultivation facility or products manufacturing fa-
cility accepts returns. F. May not contain more than 10 milligrams of
Sec. 12. 28-B MRSA §602, sub-§1, ¶C, as THC per serving of the product and may not con-
tain more than 100 200 milligrams of THC per
enacted by PL 2017, c. 409, Pt. A, §6, is amended to package of the product, with an allowable variance
read:
rate of 10%, except that the allowable variance may
C. Dangerous yeasts, molds and mildew as speci- not be less than 0.6 milligrams or greater than 5
fied in rules adopted by the department; milligrams. In the calculation of the amount of
Sec. 13. 28-B MRSA §602, sub-§1-A is en- THC allowed under this paragraph, the allowable
variance rate must be in addition to the allowable
acted to read: variance rate applicable to a testing facility pursu-
1-A. Testing of returns. Cannabis and cannabis ant to section 602, subsection 3;
products returned pursuant to section 502, subsection
14 or section 504, subsection 11 must be tested prior to Sec. 20. 28-B MRSA §1501, sub-§1, ¶B, as
enacted by PL 2017, c. 409, Pt. A, §6 and amended by
being resold or redistributed. The department may limit PL 2021, c. 669, §5, is further amended to read:
the mandatory testing required for returned cannabis
and cannabis products by rule. Rules adopted pursuant B. Use, possess or transport at any one time up to
to this subsection are major substantive rules as defined 2 1/2 ounces of cannabis or 2 1/2 ounces of a com-
in Title 5, chapter 375, subchapter 2-A. bination of cannabis and cannabis concentrate that
660
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 397
includes no more than 5 10 grams of cannabis con- For the purposes of this subsection, "qualified sending
centrate; school administrative unit" means a school administra-
tive unit that contracts for school privileges under sec-
Sec. 21. 28-B MRSA §1501, sub-§1, ¶C, as tion 2701 for at least 20% of its resident students to at-
enacted by PL 2017, c. 409, Pt. A, §6 and amended by
tend the private school approved for tuition purposes
PL 2021, c. 669, §5, is further amended to read: that is the subject of the request or petition.
C. Transfer or furnish, without remuneration, to a 2. Periodic reviews. The commissioner shall pe-
person 21 years of age or older up to 2 1/2 ounces
of cannabis or 2 1/2 ounces of a combination of riodically review all public schools and all private
schools which that receive public funds, to determine
cannabis and cannabis concentrate that includes no their compliance with the applicable provisions of this
more than 5 10 grams of cannabis concentrate;
Title and the Maine Human Rights Act.
Sec. 22. 28-B MRSA §1501, sub-§1, ¶F, as 3. Special reviews. The commissioner shall fulfill
enacted by PL 2017, c. 409, Pt. A, §6 and amended by
the monitoring functions required by any state or fed-
PL 2021, c. 669, §5, is further amended to read: eral grants to school units or schools.
F. Subject to the limitations imposed under para- 4. Private schools. The commissioner may, as a
graph B, purchase up to 2 1/2 ounces of adult use
cannabis or 2 1/2 ounces of a combination of adult condition of approval, inspect any private school which
that applies for approval status.
use cannabis and cannabis concentrate that in-
cludes no more than 5 10 grams of cannabis con- 5. Comprehensive reviews. Beginning in the
centrate from a cannabis store; and 2024-2025 school year and every 2 years thereafter, the
See title page for effective date. commissioner shall conduct a comprehensive review of
5 schools, school administrative units or private schools
approved for tuition purposes selected at random. If a
CHAPTER 397 school, school administrative unit or private school ap-
proved for tuition purposes is selected, and at the time
H.P. 916 - L.D. 1420 of selection is within 2 years of an accreditation review
by the New England Association of Schools and Col-
An Act to Strengthen Maine's leges or its successor organization or has been through
Elementary and Secondary a comprehensive review under this subsection in the last
Education System by 10 years, the commissioner shall randomly select a dif-
Clarifying Purposes and ferent school, school administrative unit or private
Procedures for Reviews of school approved for tuition purposes in its place. For
Schools selected schools, school administrative units and private
schools approved for tuition purposes:
Be it enacted by the People of the State of Maine
as follows: A. The commissioner shall notify the school,
school administrative unit or private school ap-
Sec. 1. 20-A MRSA §258-A, as amended by PL proved for tuition purposes no later than 14 days
1985, c. 142, §1, is further amended to read: before the date the review is to take place;
§258-A. Inspection of schools B. On receipt of the notice described in paragraph
1. Petition or request. The commissioner shall A, the school, school administrative unit or private
inspect a school or schools in a school administrative school approved for tuition purposes shall ensure
unit or a private school approved for tuition purposes that the physical site of the school or schools under
that enrolls 60% or more publicly funded students and review are available for inspection and make avail-
report the findings and recommendations to the appro- able to the commissioner documents related to:
priate school board, addressing the concerns of the pe- (1) Basic school approval standards under this
tition in light of applicable school approval standards, Title;
when:
(2) Compliance with the Maine Human Rights
A. Petitioned by 60% of the parents of the children Act;
of one school;
(3) The statewide assessment program estab-
B. Requested by the school board or superinten- lished under section 6202;
dent of schools or, if regarding a private school ap-
proved for tuition purposes, the school board of the (4) Implementation of the system of learning
qualified sending school administrative unit; or results established in section 6209; and
C. Petitioned by 20% of the registered voters of the (5) Health and safety requirements; and
unit or qualified sending school administrative
unit.
661
PUBLIC LAW, C. 398 FIRST SPECIAL SESSION - 2023
C. The commissioner shall provide a school, Sec. 3. 38 MRSA §490-MM, sub-§11, as en-
school administrative unit or private school ap- acted by PL 2011, c. 653, §23 and affected by §33, is
proved for tuition purposes that is unable to demon- amended to read:
strate compliance with basic school approval stan- 11. Mining, mining operation or mining activ-
dards or other requirements of this Title with a cor-
rective action plan. ity. "Mining," "mining operation" or "mining activity"
means activities, facilities or processes necessary for
If the commissioner finds that a school, school ad- the extraction or removal of metallic minerals or over-
ministrative unit or private school approved for tuition burden or for the preparation, washing, cleaning or
purposes is not in compliance with the Maine Human other treatment of metallic minerals and includes the
Rights Act, the commissioner shall refer the finding to bulk sampling, advanced exploration, extraction or ben-
the Maine Human Rights Commission. eficiation of metallic minerals as well as waste storage
and other stockpiles and reclamation activities, but does
Sec. 2. 20-A MRSA §4504, sub-§1, as enacted not include exploration. or any of the following activi-
by PL 1983, c. 859, Pt. A, §§20 and 25, is amended to
read: ties:
1. Implementation. The commissioner shall de- A. The physical extraction, crushing, grinding,
sorting, storage or heating of calcium carbonate or
termine which schools and school units are in compli- limestone to produce cement when such activity is
ance with the basic school approval standards, in
accordance with the procedures of the basic school ap- subject to article 6, article 8-A or Title 12, chapter
206-A or when such activity covers one acre or less
proval rules and the provisions of this Title, and the of surface area in total;
Maine Human Rights Act.
B. The exploration for or physical extraction,
If the commissioner finds that a school or school admin-
istrative unit is not in compliance with the Maine Hu- crushing, grinding, sorting or storage of borrow,
topsoil, clay or silt when such activity is subject to
man Rights Act, the commissioner shall refer the find- article 7 or Title 12, chapter 206-A or when such
ing to the Maine Human Rights Commission.
activity covers 5 acres or less of surface area in to-
See title page for effective date. tal;
C. The exploration for or physical extraction,
CHAPTER 398 crushing, grinding, sorting or storage of gemstones,
aggregate, dimension stone or other construction
H.P. 877 - L.D. 1363 materials from a quarry that is subject to article 8-A
or Title 12, chapter 206-A or when such activity
An Act to Support Extraction covers one acre or less of surface area in total; and
of Common Minerals by
D. The exploration for or physical extraction,
Amending the Maine Metallic crushing, grinding, sorting or storage of any other
Mineral Mining Act metallic minerals when such activity has been ex-
Be it enacted by the People of the State of Maine cluded from the requirements of this article pursu-
as follows: ant to a determination made by the department un-
der section 490-NN, subsection 4.
Sec. 1. 38 MRSA §490-MM, sub-§3-A is en-
acted to read: Sec. 4. 38 MRSA §490-NN, sub-§4 is enacted
to read:
3-A. Cement. "Cement" means any of various cal-
cined mixtures of clay and limestone that can be mixed 4. Determination of applicability of Maine Me-
with water and used as an ingredient in making mortar tallic Mineral Mining Act requirements. As pro-
or concrete. vided in this subsection and following the adoption of
rules by the department pursuant to this subsection, a
Sec. 2. 38 MRSA §490-MM, sub-§8, as en- person proposing to conduct exploration for or physical
acted by PL 2011, c. 653, §23 and affected by §33, is extraction, crushing, grinding, sorting or storage of me-
amended to read: tallic minerals as described in section 490-MM, subsec-
8. Metallic mineral. "Metallic mineral" means tion 11, paragraph D may request a written determina-
any mineral, ore or excavated material to be excavated tion from the department that the requirements of this
from the natural deposits on or in the earth for its me- article do not apply to the activity. The department shall
tallic mineral content to be used for commercial or in- adopt rules governing the requirements for issuance of
dustrial purposes. "Metallic mineral" does not include such a determination under this subsection, which must
thorium or uranium that has metal or a metalloid ele- include, but are not limited to:
ment as its economically valuable constituent, regard-
less of the chemical end product of the metal or metal-
loid element.
662
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 399
663
PUBLIC LAW, C. 400 FIRST SPECIAL SESSION - 2023
13. Data tracking. The department shall track the procedure for such a people's direct initiative of leg-
data for all prisoners who apply for supervised commu- islation; and
nity confinement and approval, denial and, if approved,
completion of the program. Such data must include, but
Whereas, 4 direct initiatives were introduced dur-
ing the First Special Session of the 131st Legislature;
is not limited to, demographic data regarding race and
ethnicity, gender, age and convictions leading to the and
prisoner's current incarceration. The department shall Whereas, 3 of those direct initiatives concern par-
publish on its publicly accessible website the data ticipation in the political process; and
tracked pursuant to this subsection in a manner that does
not violate the confidentiality requirements of section
Whereas, unless enacted by the Legislature with-
out change, those direct initiatives will be presented to
1216 or any other provision of state or federal law.
voters on the general election to be held on November
See title page for effective date. 7, 2023; and
Whereas, participation in elections may entail
CHAPTER 400 "core political speech" protected by the First Amend-
ment to the United States Constitution; and
S.P. 328 - L.D. 769
Whereas, the Legislature desires to consider en-
An Act to Reduce the acting one or more of the direct initiatives without
Enrollment Requirement for change during the First Special Session of the 131st
Legislature without affecting participation in the No-
Minor Political Parties That vember general election; and
Seek Official Party Status
Whereas, the effective date of any direct initiative
Be it enacted by the People of the State of Maine enacted during the First Special Session of the 131st
as follows: Legislature, which is 90 days after adjournment, may
Sec. 1. 21-A MRSA §301, sub-§1, ¶E, as occur during the November election cycle, which may
amended by PL 2021, c. 335, §1, is further amended to result in a change to the election rules in the middle of
read: an election and thereby affect participation in the No-
vember general election; and
E. The party's candidate for Governor or for Pres-
ident received at least 5% of the total votes cast in Whereas, this Act seeks to delay the effective
the State for Governor or for President in the last date of any direct initiative enacted during the First Spe-
preceding gubernatorial or presidential election or cial Session until after the November 2023 election in
at least 10,000 5,000 voters were enrolled in the order to not affect participation in this election, but not
party as of the last general election, except that a to otherwise change the direct initiatives as proposed to
qualified party does not have to meet the require- the Legislature by the electors; and
ments of this paragraph until the 2nd general elec- Whereas, in the judgment of the Legislature,
tion after it has qualified and thereafter. these facts create an emergency within the meaning of
See title page for effective date. the Constitution of Maine and require the following leg-
islation as immediately necessary for the preservation
of the public peace, health and safety; now, therefore,
CHAPTER 401
Be it enacted by the People of the State of Maine
S.P. 323 - L.D. 764 as follows:
An Act to Ensure That Sec. 1. Effective date. Notwithstanding any
provision of law to the contrary, bills enacted during the
Effective Dates of First Special First Special Session of the 131st Legislature that are
Session Direct Initiatives of direct initiatives of legislation pursuant to the Constitu-
Legislation Will Occur After tion of Maine, Article IV, Part Third, Section 18 and are
the November 2023 Election identified as L.D. 1610, "An Act to Prohibit Campaign
Emergency preamble. Whereas, acts and re- Spending by Foreign Governments and Promote an An-
solves of the Legislature do not become effective until ticorruption Amendment to the United States Constitu-
90 days after adjournment unless enacted as emergen- tion," L.D. 1611, "An Act to Create the Pine Tree Power
cies; and Company, a Nonprofit, Customer-owned Utility," and
L.D. 1772, "An Act to Require Voter Approval of Cer-
Whereas, the Constitution of Maine, Article IV, tain Borrowing by Government-controlled Entities and
Part Third, Section 18 provides that the electors may Utilities and to Provide Voters More Information Re-
propose to the Legislature, for its consideration, any garding That Borrowing," have an effective date of Jan-
bill, resolve or resolution by written petition, and the uary 1, 2024, unless the direct initiative provides for an
Maine Revised Statutes, Title 21-A, chapter 11 sets out
664
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 404
effective date later than January 1, 2024, in which case 17-A. Commercial track. "Commercial track"
the effective date in that direct initiative applies. has the same meaning as in Title 8, section 275-A, sub-
section 1.
Emergency clause. In view of the emergency
cited in the preamble, this legislation takes effect when Sec. 2. 29-A MRSA §101, sub-§23, as enacted
approved. by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5,
is amended to read:
Effective July 9, 2023.
23. Farming. "Farming" means engaging in farm-
ing in all its branches and the cultivation and tillage of
CHAPTER 402 the soil as a livelihood and includes dairying; raising
H.P. 613 - L.D. 966 livestock, equines not raised for racing at a commercial
track, freshwater fish, fur-bearing animals or poultry;
An Act to Align the Automobile producing, cultivating, growing and harvesting fruit,
Title Requirements with Those produce or floricultural or horticultural commodities; or
any practices on a farm that are incident to or in con-
of Antique Automobiles junction with these farming operations. For the pur-
Be it enacted by the People of the State of Maine poses of this Title, "farming" does not include forestry,
as follows: or the growing of timber or the operation of a farm for
recreational activity.
Sec. 1. 29-A MRSA §652, sub-§13, as
amended by PL 2009, c. 435, §10, is further amended Sec. 3. Report. By November 6, 2024, the Sec-
to read: retary of State shall provide a report to the joint standing
committee of the Legislature having jurisdiction over
13. Certain automobiles, commercial vehicles transportation matters that describes the financial im-
and vehicles Vehicles more than 25 years old. Auto- pact to the Bureau of Motor Vehicles from including
mobiles and all over-the-road commercial vehicles with "equines not raised for racing at a commercial track" in
a model year prior to 1995 Vehicles more than 25 years the definition of "farming" in the Maine Revised Stat-
old, except when the Secretary of State determines it is utes, Title 29-A, section 101, subsection 23. After re-
in the best interest of the State and the applicant to issue viewing the report, the joint standing committee may
a title to a vehicle with a model year prior to 1995 more submit legislation relating to the report to the 132nd
than 25 years old; Legislature in 2025.
Sec. 2. Appropriations and allocations. The See title page for effective date.
following appropriations and allocations are made.
SECRETARY OF STATE, DEPARTMENT OF
CHAPTER 404
Administration - Motor Vehicles 0077
S.P. 677 - L.D. 1690
Initiative: Provides one-time funding for computer pro-
gramming updates. An Act Regarding Ongoing
HIGHWAY FUND 2023-24 2024-25 Absentee Voting and Tracking
All Other $7,271 $0 of Absentee Ballots
__________ __________
HIGHWAY FUND TOTAL $7,271 $0 Be it enacted by the People of the State of Maine
as follows:
See title page for effective date.
Sec. 1. 21-A MRSA §753-A, sub-§8, as en-
acted by PL 2021, c. 398, Pt. UUUU, §3 and affected
CHAPTER 403 by §7, is amended to read:
S.P. 581 - L.D. 1463 8. Application for ongoing absentee voter sta-
tus. A voter who will be at least 65 years of age by the
An Act to Amend the next election or who self-identifies as having a disabil-
Definition of "Farming" Under ity may apply for status as an ongoing absentee voter.
the Motor Vehicle Laws to Each qualified applicant must automatically receive an
Include Equines Not Raised for absentee ballot for each ensuing statewide election, mu-
Racing nicipal election and any other election for which the
voter is entitled to vote and need not submit a separate
Be it enacted by the People of the State of Maine request for each election.
as follows:
A. An application for status as an ongoing absentee
Sec. 1. 29-A MRSA §101, sub-§17-A is en- voter must be made by a voter using procedures de-
acted to read: signed by the Secretary of State. These procedures
665
PUBLIC LAW, C. 405 FIRST SPECIAL SESSION - 2023
must include a process for notifying the voter that the Constitution of Maine and require the following leg-
if the voter moves out of the municipality, that vot- islation as immediately necessary for the preservation
er's status as an ongoing absentee voter in that mu- of the public peace, health and safety; now, therefore,
nicipality terminates. A voter may obtain assis- Be it enacted by the People of the State of Maine
tance in completing an application for ongoing ab-
sentee voter status pursuant to subsection 5. as follows:
B. The clerk or Secretary of State shall terminate a PART A
voter's ongoing absentee voter status only upon: Sec. A-1. 3 MRSA §995, sub-§5, as enacted
by PL 2005, c. 682, §1, is amended to read:
(1) The written request of the voter;
5. Coordination with State Auditor; complaints
(2) The death or disqualification of the voter; alleging fraud, waste, inefficiency or abuse. The di-
(3) The cancellation of the voter's registration rector may access confidential information disclosed by
record in the central voter registration system; the State Auditor under Title 5, section 244‑D 244-E,
subsection 3 in order to ensure appropriate agency re-
(4) The return of an absentee ballot as unde-
liverable; or ferral or coordination between agencies to respond ap-
propriately to all complaints made under Title 5, section
(5) The failure of the voter to vote by absentee 244‑D 244-E.
ballot for a general election; or Sec. A-2. 4 MRSA §116, first ¶, as amended
(6) The designation of the voter's status as in- by PL 2021, c. 676, Pt. B, §1, is further amended to
active in the central voter registration system. read:
This subsection does not apply to uniformed service All revenue received by the Supreme Judicial
voters or overseas voters who are covered by the federal Court or Superior Court, whether directly or pursuant to
Uniformed and Overseas Citizens Absentee Voting Act, an agreement entered into with the Department of Ad-
52 United States Code, Section 20302 (2019). ministrative and Financial Services, Bureau of Revenue
Services, from fines, forfeitures, penalties, fees and
Sec. 2. Effective date. This Act takes effect De- costs accrues to the State, except as otherwise provided
cember 31, 2025.
under section 1057; Title 7, section 3910‑A; Title 12,
Effective December 31, 2025. section 10203; Title 17, section 1015; Title 23, section
1653; Title 29‑A, section 2602; and Title 34‑A, section
1210‑D 1210-E, subsection 5 8.
CHAPTER 405
Sec. A-3. Effective date. That section of this
H.P. 1289 - L.D. 2010 Part that amends the Maine Revised Statutes, Title 4,
section 116 takes effect July 1, 2023.
An Act to Correct
Inconsistencies, Conflicts and Sec. A-4. 4 MRSA §163, sub-§1, as amended
Errors in the Laws of Maine by PL 2021, c. 676, Pt. B, §2, is further amended to
read:
Emergency preamble. Whereas, acts and re- 1. District Court funds. Except as otherwise pro-
solves of the Legislature do not become effective until vided by law, all fines, forfeitures, surcharges, assess-
90 days after adjournment unless enacted as emergen- ments and fees collected in any division of the District
cies; and Court or by the violations bureau must be paid to the
Whereas, acts of this and previous Legislatures clerk of that District Court, who shall deposit them in a
have resulted in certain technical inconsistencies, con- special account in a timely manner. Once each month,
flicts and errors in the laws of Maine; and the clerk shall remit the sums to the Treasurer of State,
who shall credit them to the General Fund. At the same
Whereas, these inconsistencies, conflicts and er- time, the clerk shall remit the sums that have been col-
rors create uncertainties and confusion in interpreting lected in accordance with section 1057; Title 5, chapter
legislative intent; and 316‑A; Title 7, section 3910‑A; Title 17, section 1015;
Whereas, it is vitally necessary that these uncer- Title 29‑A, section 2411, subsection 7; and Title 34‑A,
tainties and this confusion be resolved in order to pre- section 1210‑D 1210-E, subsection 5 8. Funds received
vent any injustice or hardship to the citizens of Maine; by the clerk as bail in criminal cases must be deposited
and daily in a special account. The clerk shall deposit the
funds in an interest-bearing account unless the clerk de-
Whereas, in the judgment of the Legislature, termines that it is not cost-effective to do so. Interest
these facts create an emergency within the meaning of accrued in the account is the property of and accrues to
the State. The forfeiture and setoff of bail is governed
as otherwise provided by law.
666
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 405
Sec. A-5. Effective date. That section of this later than January 1, 1991 and must be approved by the
Part that amends the Maine Revised Statutes, Title 4, State Purchasing Agent prior to their the procedure's
section 163, subsection 1 takes effect July 1, 2023. adoption. The State Purchasing Agent shall ensure that
Sec. A-6. 5 MRSA §1622, sub-§1, ¶A, as en- the rules adopted under this section meet the standards
of public notice, administrative review, and rights to ap-
acted by PL 2011, c. 21, §1, is amended by amending peal as set forth in chapter 155, subchapter I‑A. Any
subparagraph (7) to read:
1-A. A department or agency of State Government that
(7) For a good goods or a service the vendor does not adopt rules under this section by January 1,
did not provide. 1991, is subject to rules adopted by the State Purchasing
Sec. A-7. 5 MRSA §1762, first ¶, as amended Agent under chapter 155, subchapter I‑A 1-A.
by PL 2021, c. 554, §3, is further amended to read: Sec. A-10. 5 MRSA §1831, sub-§3, as
amended by PL 1985, c. 785, Pt. A, §76, is further
A public improvement, as defined in this chapter, amended to read:
public school facility or other building or addition con-
structed or substantially renovated in whole or in part 3. Application. The procedure adopted by a de-
with public funds or using public loan guarantees, with partment or agency in under this section may be used
an area in excess of 5,000 square feet, may not be con- by the department or agency for any qualifying pur-
structed without having secured from the designer an chase or award of a contract or grant. Nothing in this
evaluation of life-cycle costs, as computed by a quali- This section may not be construed to require the adop-
fied architect or engineer. The requirements of this sec- tion of new procedures for every new purchase, contract
tion with respect to substantial renovation pertain only or award. Nothing in this This section may not be con-
to that portion of the building being renovated. Con- strued to require the State Purchasing Agent or the De-
struction may proceed only upon disclosing, for the de- partment of Administration Administrative and Finan-
sign chosen, the life-cycle costs as determined in sec- cial Services to approve any contract, grant or award
tion 1764 and the capitalization of the initial construc- that is not presently approved by the State Purchasing
tion costs of the facility or building. The life-cycle costs Agent or the Department of Administration Administra-
must be a primary consideration in the selection of the tive and Financial Services under chapters 153 and 155.
design. As At a minimum, the design must meet the en- Sec. A-11. 5 MRSA §4592, sub-§1, ¶C, as
ergy efficiency building performance standards adopted
by the Department of Public Safety in the Maine Uni- enacted by PL 1995, c. 393, §22, is amended to read:
form Building and Energy Code as defined in Title 10, C. A failure to take steps that may be necessary to
section 9721, subsection 2. ensure that no individual with a disability is ex-
cluded, denied services, segregated or otherwise
Sec. A-8. 5 MRSA §1764, sub-§1, as amended treated differently than other individuals because of
by PL 2021, c. 554, §4, is further amended to read:
the absence of auxiliary aids and services, unless,
1. Bureau of General Services to adopt rules in the case of a private entity, the private entity can
and procedures. The Bureau of General Services shall demonstrate that taking those steps would funda-
adopt rules, including energy conservation guidelines mentally alter the nature of the good goods, service,
that conform as at a minimum to the energy efficiency facility, privilege, advantage or accommodation
building performance standards adopted by the Depart- being offered or would result in an undue burden;
ment of Public Safety for conducting an energy-related
life-cycle costs analysis of alternative architectural or Sec. A-12. 5 MRSA §4592, sub-§4, ¶B, as
enacted by PL 1995, c. 393, §24, is amended to read:
engineering designs, or both, and shall evaluate the ef-
ficiency of energy utilization for designs in the con- B. To afford an individual or a class of individuals,
struction and lease of public improvements and public on the basis of a disability or disabilities of the in-
school facilities. dividual or class, directly or through contractual, li-
censing or other arrangements, with the oppor-
Sec. A-9. 5 MRSA §1831, sub-§1, as amended tunity to participate in or benefit from a good,
by PL 1989, c. 785, §3, is further amended to read:
goods or a service, facility, privilege, advantage or
1. Adoption of rules. Every A department or accommodation in a manner that is not equal to that
agency of State Government, subject to chapters 141 to afforded to other individuals; and
152, purchasing services or awarding grants or con- Sec. A-13. 5 MRSA §4592, sub-§4, ¶C, as
tracts which that are not subject to the authority of the
Department of Administration Administrative and Fi- enacted by PL 1995, c. 393, §24, is amended to read:
nancial Services, as defined in chapters 153 and 155, C. To provide an individual or a class of individu-
shall establish a procedure by which these services are als, on the basis of a disability or disabilities of the
purchased or by which grants or contracts are awarded. individual or class, directly or through contractual,
This procedure must be adopted in accordance with the licensing or other arrangements, with a good,
Maine Administrative Procedure Act, chapter 375 no goods or a service, facility, privilege, advantage or
667
PUBLIC LAW, C. 405 FIRST SPECIAL SESSION - 2023
accommodation that is different or separate from (1) If that person elects not to remain a mem-
that provided to other individuals, unless this action ber, the election is effective as of the first day
is necessary to provide the individual or class of in- of the month in which no contributions or pick-
dividuals with a good, goods or a service, facility, up contributions are made to the Participating
privilege, advantage or accommodation or other Local District Retirement Program by that per-
opportunity that is as effective as that provided to son. A person who elects not to remain a
others. member may, at that person's discretion, with-
draw accumulated contributions in accordance
Sec. A-14. 5 MRSA §12004-I, sub-§49-C, as with section 18306‑A.
corrected by RR 2013, c. 1, §12, is amended to read:
49-C.
Sec. A-18. 5 MRSA §18453, sub-§2, as
amended by PL 2019, c. 364, §2 and c. 370, §2, is re-
Inland Fisheries and Landowners Not 12 MRSA pealed and the following enacted in its place:
Wildlife and Sportsmen Authorized §10157
Land Users 2. Employee Special Plan #2. Except as provided
Relations in this subsection, a retirement benefit to police officers,
Advisory firefighters, sheriffs, full-time deputy sheriffs, county
Board corrections employees, dispatchers, emergency medical
services persons as defined in Title 32, section 83, sub-
Sec. A-15. 5 MRSA §17928, 2nd ¶, as enacted section 12 or any other participating local district em-
by PL 1997, c. 384, §8 and amended by PL 2021, c. 548, ployees who have completed 20 to 25 years of credita-
§45, is further amended to read: ble service, the number of years to be selected by the
A member who by election remains covered, as to participating local district. A participating local district
qualification for benefits, under section 17924 as writ- may not elect to provide retirement benefits to its dis-
ten prior to its amendment by Public Law 1991, chapter patchers in a plan that requires less than 25 years of
887, section 7, qualifies for a disability retirement ben- creditable service. For the purposes of this subsection,
efit on meeting the requirements of section 17924, sub- "county corrections employees" means employees of
section 1, paragraphs C and D. When a member so the county who are employed at a county jail and whose
qualified retires after approval for disability retirement duties include contact with prisoners or juvenile detain-
by the chief executive officer in accordance with this ees. The benefits are 1/2 of the member's average final
Article article, the member is entitled to receive a disa- compensation.
bility retirement benefit equal to 66 2/3% of the mem- Sec. A-19. 5 MRSA §18453, sub-§3, as
ber's average final compensation. amended by PL 2019, c. 364, §3 and c. 370, §3, is re-
Sec. A-16. 5 MRSA §18252-A, sub-§1, ¶A, pealed and the following enacted in its place:
as amended by PL 2021, c. 90, §1 and c. 286, §3, is re- 3. Firefighter, Emergency Medical Services
pealed and the following enacted in its place: Person and Dispatcher Special Plan #1. A retirement
A. Except as provided by section 18252‑C, a per- benefit equal to 1/2 of the member's average final com-
son hired by a participating local district, or rehired pensation to a firefighter, including the chief of a fire
following a break in service, after the date on which department, a dispatcher or an emergency medical ser-
the employer provides a plan under section vices person as defined in Title 32, section 83, subsec-
18252‑B must elect at the time of initial hiring or tion 12, who has completed at least 25 years of credita-
rehiring whether to be a member under the Partici- ble service in that capacity and who retires upon or after
pating Local District Retirement Program or to be reaching 55 years of age.
covered under a plan provided by the employer un- Sec. A-20. 5 MRSA §18453, sub-§4, as
der section 18252‑B. amended by PL 2019, c. 364, §4 and c. 370, §4, is re-
Sec. A-17. 5 MRSA §18252-A, sub-§1, ¶B, pealed and the following enacted in its place:
as amended by PL 2021, c. 90, §2 and c. 286, §4, is re- 4. Firefighter, Emergency Medical Services
pealed and the following enacted in its place: Person and Dispatcher Special Plan #2. A retirement
B. An employee of the participating local district benefit to a firefighter, including the chief of a fire de-
who is a member under the Participating Local Dis- partment, a dispatcher or an emergency medical ser-
trict Retirement Program on the date on which the vices person as defined in Title 32, section 83, subsec-
employer provides a plan under section 18252‑B tion 12, who has completed at least 25 years of credita-
may elect to remain a member under that program ble service in that capacity and who retires upon or after
or to become covered under a plan provided by the reaching 55 years of age. The benefits are 2/3 of the
employer under section 18252‑B. Except as pro- member's average final compensation.
vided by section 18252‑C, a person must make an Sec. A-21. 5 MRSA §18453, sub-§5, as
election within 90 days of the date on which the amended by PL 2019, c. 364, §5 and c. 370, §5, is re-
employer provides a plan under section 18252‑B. pealed and the following enacted in its place:
668
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 405
5. Firefighter, Emergency Medical Services executive head of the survey shall personally attend to
Person and Dispatcher Special Plan #3. Except as the duties of those offices so far as practicable.
provided in this subsection, a retirement benefit to a
firefighter, including the chief of a fire department, a
Sec. A-25. 12 MRSA §6404-J, first ¶, as
amended by PL 2013, c. 49, §6, is further amended to
dispatcher or an emergency medical services person as
defined in Title 32, section 83, subsection 12, who has read:
completed 20 to 25 years of creditable service in that The commissioner shall suspend or revoke the el-
capacity, the number of years to be selected by the par- ver fishing license of any license holder convicted of
ticipating local district, and who retires at any age. A violating section 6575 or 6575-A.
participating local district may not elect to provide re- Sec. A-26. 12 MRSA §6525-A, sub-§1, as
tirement benefits to its dispatchers in a plan that requires
less than 25 years of creditable service. The benefits corrected by RR 2021, c. 2, Pt. B, §56, is repealed and
the following enacted in its place:
are 2/3 of the member's average final compensation.
1. Setting nets or seines near weirs. A person,
Sec. A-22. 10 MRSA §1105, sub-§1, ¶C, as other than a weir owner or the weir owner's crew mem-
amended by PL 2021, c. 175, §1, is further amended to
read: bers, may not set or assist in setting a net or seine within
2,000 feet of the mouth of a weir that is:
C. "Necessities" includes food for human or ani-
A. In operating condition;
mal consumption; seeds; potable water; pharma-
ceutical products, including prescription medica- B. Licensed under Title 38, chapter 9; and
tions; wearing apparel; shoes; building materials;
C. Operated by an operator who is licensed under
gas and electricity for light, heat and power; ice; section 6501.
fuel of all kinds; and fertilizer and fertilizer ingre-
dients; together with tools, utensils, implements, Sec. A-27. 12 MRSA §10157, as amended by
machinery and equipment required for the actual PL 2015, c. 277, §§2 to 8, is further amended by amend-
production or manufacture of the same. "Necessi- ing the section headnote to read:
ties" includes any other vital or necessary good
§10157. Landowners and Sportsmen Land Users
goods or service except those: Relations Advisory Board
(1) Subject to continuous maximum price reg- Sec. A-28. 12 MRSA §10157, sub-§1-A, as
ulation under the provisions of any state or fed-
eral law; enacted by PL 2015, c. 277, §3, is amended to read:
(2) As to which the State's authority is 1-A. Appointment and composition. The Land-
owners and Sportsmen Land Users Relations Advisory
preempted; or Board, referred to in this chapter as "the advisory board"
(3) Furnished or provided by: and established by Title 5, section 12004‑I, subsection
49‑C, consists of the following members:
(a) Insurers; or
A. Eleven members, appointed by the Commis-
(b) Nonprofit hospitals, medical service sioner of Inland Fisheries and Wildlife:
organizations or health maintenance or-
ganizations authorized to transact busi- (1) One representative of a statewide small
ness within the State pursuant to Title 24 woodland owners association;
and Title 24‑A.
(2) One representative of a large landowners
Sec. A-23. 10 MRSA §1500-G, sub-§1, as en- association;
acted by PL 2013, c. 302, §1, is amended to read:
(3) One representative of a statewide farmers
1. False representation of authentic Indian organization;
products. A person may not offer or display for sale or (4) Three representatives of sportsmen who
sell a good goods in a manner that falsely suggests it is
the goods are Indian-produced, an Indian product prod- hunt, fish or trap;
ucts or the product products of a particular Indian or In- (5) Two representatives of outdoor recreation-
dian tribe or Indian arts and crafts organization in a ists;
manner that violates 25 United States Code, Section
(6) Two representatives of environmentalist
305e. organizations; and
Sec. A-24. 12 MRSA §543, sub-§1, as cor- (7) One representative of land trust organiza-
rected by RR 2021, c. 2, Pt. B, §3, is amended to read:
tions.
1. Director. The executive head of the survey, re-
ferred to in this section as "the director," holds the of-
fices of director of the survey and State Geologist. The
669
PUBLIC LAW, C. 405 FIRST SPECIAL SESSION - 2023
Sec. A-29. 12 MRSA §10255, sub-§3, as Sec. A-34. 17-A MRSA §1111-B, sub-§1,
amended by PL 2019, c. 343, Pt. Y, §4, is further ¶A, as enacted by PL 2021, c. 724, §1, is amended by
amended to read: amending subparagraph (17) to read:
3. Distribution from fund. Money distributed (17) Violation of a protection from harass-
from the fund may be used for marketing the plates and ment order issued pursuant to Title 5, chapter
for the production and marketing of goods using the en- 337‑A, a protective order in crimes between
vironmental plate design. After the Treasurer of State family members issued pursuant to Title 15,
has reimbursed the Secretary of State for costs of pro- chapter 12‑A or a protection from abuse order
ducing and issuing environmental registration plates in issued pursuant to Title 19‑A, former chapter
accordance with Title 29-A, section 455, the Treasurer 101 or Title 19-A, chapter 103;
of State shall, at the end of each quarter in the fiscal Sec. A-35. 19-A MRSA §1658, sub-§2, ¶C,
year, distribute the balance in the fund as follows:
as enacted by PL 2021, c. 340, §2, is amended to read:
A. Sixty percent of the balance must be deposited
in the Parks General Operations Fund established C. A final order, other than in a protection from
abuse matter under former chapter 101 or chapter
in section 1825, subsection 1‑A; and 103, that has been in effect for at least 12 months
B. Forty percent of the balance must be deposited grants the petitioner exclusive parental rights and
in the Maine Endangered and Nongame Wildlife responsibilities with respect to all aspects of the
Fund established in section 10253. child's welfare, with the exception of the right and
Sec. A-30. 12 MRSA §10353, sub-§1, ¶B, as responsibility for support, without reserving for the
parent any rights to make decisions, to have access
enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. to records or to have contact with the child, and ter-
614, §9, is amended by amending subparagraph (1) to
read: mination of the parent's parental rights and respon-
sibilities is necessary to protect the child from seri-
(1) A warden shall, when possible, while in ous harm or the threat of serious harm.
and about the woods, caution all sportsmen Sec. A-36. 20-A MRSA §1311, sub-§6, ¶E,
participants in outdoor recreation of the danger
from fires in the woods and, if possible, extin- as enacted by PL 1981, c. 693, §§5 and 8, is amended
to read:
guish a fire left burning by anyone.
E. If a certificate of approval indicates that the state
Sec. A-31. 12 MRSA §12503, sub-§2, as cor- board has authorized state aid to be paid in accor-
rected by RR 2021, c. 2, Pt. A, §23, is amended to read:
dance with the alternate method prescribed by for-
2. Land used for agricultural purposes; domi- mer Title 20, section 3460, the total estimated
cile. Notwithstanding section 12501, subsection 1 and amount of state aid payable on account of the
subject to all other applicable laws and rules, any resi- school construction project described in the certifi-
dent and any member of the resident's immediate fam- cate of approval shall must be treated as outstand-
ily, as long as the angler's license to fish is not under ing school indebtedness for the purpose of compu-
suspension or revocation, may fish without a license in ting the borrowing capacity of the district to fi-
open inland waters from land: nance that project by issuing its bonds or notes.
State aid shall must be determined by applying the
A. To which they are legally entitled to possession;
applicable percentage of state aid to the total esti-
B. On which they are actually domiciled; and mated cost of the project, as set forth in the certifi-
cate of approval.
C. That is used exclusively for agricultural pur-
poses. Sec. A-37. 20-A MRSA §1352, sub-§2, ¶C,
Sec. A-32. 15 MRSA §321, sub-§2, ¶A, as as enacted by PL 1981, c. 693, §§5 and 8, is amended
to read:
enacted by PL 1983, c. 619, is amended to read:
C. When a referendum is called for the purposes
A. A person is charged with or convicted of a vio- of approving the addition of a municipality to the
lation of Title 17‑A, sections section 201, 202, 203,
to 204, 207, 207-A, 208, 208-A, 208-B, 208-C, district, the article shall must be in the form set
forth in section 1401 1465, subsection 2, paragraph
208-D, 208-E, 208-F, 209, 209-A, 210, 210-A, A 3.
210-B, 210-C, to 211, 252, 253, 301, 302, to 303,
506‑A or 556; Sec. A-38. 20-A MRSA §1352, sub-§2, ¶I, as
Sec. A-33. 17 MRSA c. 3, as amended, is re- enacted by PL 1981, c. 693, §§5 and 8, is amended to
read:
pealed.
I. When a referendum is called for the purpose of
approving the agreement to transfer a municipality
from one district to another district, the article shall
670
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 405
must be the form set forth in section 1406 1467, 6. National Women's History Week. National
subsection 2. Women's History Week is the week containing March
8th, in accordance with Title 1, section 122.
Sec. A-39. 20-A MRSA §1462, sub-§3, as en-
acted by PL 2007, c. 240, Pt. XXXX, §13, is amended Sec. A-43. 20-A MRSA §5813, as enacted by
to read: PL 1981, c. 693, §§5 and 8, is amended to read:
3. Financing assumed debts. A regional school §5813. Driver education
unit shall assume the outstanding indebtedness of a
school administrative unit in existence prior to the op- Students may be charged a fee for driver education
as provided under section 4604 8704.
erational date of the new regional school unit for school
construction projects approved for subsidy under chap- Sec. A-44. 20-A MRSA §6601-A, as amended
ter 609 and pursuant to section 1506. If a regional by PL 2021, c. 676, Pt. E, §1 and c. 719, §1, is repealed
school unit board of directors has assumed the outstand- and the following enacted in its place:
ing indebtedness of a school administrative unit in ex-
istence prior to the operational date of the new regional §6601-A. Free or reduced-price school meals;
Internet-based school meal applications
school unit, the directors of the regional school unit
board may, notwithstanding any other statute or any The department shall contract for the development
provision of any trust agreement, use any sinking fund and implementation of an Internet-based application for
or other money set aside by the school administrative free or reduced-price meals under the National School
unit in existence prior to the operational date of the new Lunch Program under 7 Code of Federal Regulations,
regional school unit to pay off the indebtedness for Part 210 and the School Breakfast Program under 7
which the money was dedicated. A regional school unit Code of Federal Regulations, Part 220. The department
board of directors is not required to assume the out- shall make available to public schools the
standing indebtedness of a school administrative unit in Internet‑based application for free or reduced-price
existence prior to the operational date of the new re- meals developed under this section on the department's
gional school unit in its regional school unit for publicly accessible website. The department shall make
nonstate-funded projects pursuant to section 15905‑A the Internet-based application in an understandable and
and pursuant to section 1481 1481-A. uniform format and, to the maximum extent practicable,
in a language that parents and legal guardians can un-
Sec. A-40. 20-A MRSA §1463, sub-§2, as en- derstand. A public school may make the Internet-based
acted by PL 2007, c. 240, Pt. XXXX, §13, is amended
to read: application available for school meal applications on
the public school's publicly accessible website. All
2. Transfer of governing authority. The regional public schools shall continue to distribute paper appli-
school unit board of directors, on the date established cations for school meals to all students. A public school
pursuant to subsection 1, shall assume responsibility for is solely responsible for processing that school's online
the management and control of the public schools and applications. Data submitted through the Internet-based
programs within the school administrative units in ex- application may not be visible to the department and
istence prior to the operational date of the new regional must be transmitted directly to the applicable public
school unit that are within the regional school unit. school. All public schools shall accept data submitted
Those school administrative units in existence prior to through the Internet-based application.
the operational date of the new regional school unit on
the date established in subsection 1 have no further re- Sec. A-45. 20-A MRSA §8457, sub-§1, as
amended by PL 2019, c. 398, §26, is further amended
sponsibility for the operation or control of the public to read:
schools and programs within the school administrative
unit except those pursuant to section 1481 1481-A. 1. General powers and duties. A cooperative
Sec. A-41. 20-A MRSA §2404, sub-§2, ¶C, board has all of the powers and duties of a school board
as provided in section 1001, subsections 1, 2, 4 to 7 and
as amended by PL 2015, c. 448, §3, is further amended 11‑A to 19; section 1002; section 1256, subsections 1,
to read:
2 and 4 to 7; section 1257; sections 1313 to section
C. Except as provided in paragraphs G, H, and I 1314; section 1315; section 4801; section 13201; and
and K, if capacity is insufficient to enroll all stu- section 13202. For such purposes, references in those
dents who wish to attend the school, the public sections to "school administrative unit," "administrative
charter school shall select students through a ran- unit," "school unit," "unit," "school administrative dis-
dom selection process. A list maintained to fill po- trict," "district," "regional school unit," "RSU," "alter-
tential vacancies may be carried over to the suc- native organizational structure" or "AOS" mean career
ceeding year. and technical education region; references in those sec-
tions to "school board," "school committee," "board,"
Sec. A-42. 20-A MRSA §4805, sub-§6, as en- "board of directors" or "directors" mean cooperative
acted by PL 1983, c. 719, §2, is amended to read:
board; references in those sections to "director" mean a
671
PUBLIC LAW, C. 405 FIRST SPECIAL SESSION - 2023
member of a cooperative board; and references in those penalty for failure to file a report required under section
sections to "they" mean either, as appropriate in the con- 1056-B or section 1059 is $10,000 or the amount of fi-
text, cooperative board or members of the cooperative nancial activity not reported, whichever is greater.
board. Sec. A-50. 22 MRSA §1592, as enacted by PL
Sec. A-46. 20-A MRSA §9501, sub-§2, as 1977, c. 696, §186, is amended to read:
amended by PL 2009, c. 369, Pt. A, §29 and PL 2011,
c. 286, Pt. B, §5, is further amended to read: §1592. Discrimination for refusal
2. Exemptions. Educational programs related to No A person, hospital, health care facility, firm, as-
sociation, corporation or educational institution, di-
the real estate professions that are subject to approval rectly or indirectly, by himself or another, shall may not
under Title 32, chapter 59 114, commercial driver edu-
cation schools subject to approval by the Secretary of discriminate against any a physician, nurse or other per-
son by refusing or withholding employment from or
State under Title 29‑A, chapter 11, subchapter 3, denying admittance, when such that physician, nurse or
schools of barbering and schools of cosmetology sub-
ject to approval by the Director of the Office of Profes- other person refuses to perform, or assist in the perfor-
mance of an abortion, nor shall such may that refusal
sional and Occupational Regulation under Title 32, constitute grounds for loss of any privileges or immun-
chapter 126, educational programs offered by any
Maine nonprofit corporation, any educational programs ities to which such that physician, nurse or other person
would otherwise be entitled.
offered by any professional or trade association primar-
ily for the benefit of its own members and any educa- Sec. A-51. 22 MRSA §1722, sub-§1, ¶B, as
tional institution authorized by the laws of this State to reallocated by RR 2007, c. 2, §9, is amended by amend-
grant a degree are exempt from the requirements of this ing the first blocked paragraph to read:
chapter.
For the purposes of this paragraph, a hospital’s to-
Sec. A-47. 21-A MRSA §1062-A, sub-§1, as tal hospital-only expenses include any item that is
amended by PL 2019, c. 563, §18, is further amended listed on the hospital’s Medicare cost report as a
to read: subprovider, such as a psychiatric unit or rehabili-
tation unit, and does not include nonhospital cost
1. Registration. A political action committee re- centers shown on the hospital’s Medicare cost re-
quired to register under section 1052‑A, 1053‑A or
1053‑B or a ballot question committee required to reg- port, such as home health agencies, nursing facili-
ties, swing beds, skilled nursing facilities and
ister under section 1053‑A or 1056-B that fails to do so hospital-owned physician practices. For purposes
or that fails to provide the information required by the
commission for registration may be assessed a fine of of this paragraph, a hospital’s bad debt is as defined
and reported in the hospital’s Medicare cost report
no more than $2,500. In assessing a fine, the commis- and as submitted to the Maine Health Data Organ-
sion shall consider, among other things, whether the vi-
olation was intentional, the amount of campaign and fi- ization pursuant to Title 22, chapter 1683.
nancial activity that occurred before the committee reg- Sec. A-52. 22 MRSA c. 405-C, as amended, is
istered, whether the committee intended to conceal its repealed.
campaign or financial activity and the level of experi-
ence of the committee's volunteers and staff.
Sec. A-53. 22 MRSA §2061, sub-§5, as en-
acted by PL 2001, c. 609, §3, is amended to read:
Sec. A-48. 21-A MRSA §1062-A, sub-§4, as 5. Projects for program of independent housing
amended by PL 2019, c. 563, §19, is further amended
to read: with services not required to be licensed. If the
project is for a program of independent housing with
4. Maximum penalties. The maximum penalty services that is not required to be licensed under this Ti-
under this subchapter is $10,000 for reports required un- tle, the participating health care facility has agreed to
der section 1053‑A, 1056-B or 1059, except that if the comply with the requirements applicable to assisted liv-
dollar amount of the financial activity that was not ing providers with regard to the standardized contract
timely filed or did not substantially conform to the re- under section 7916 7862 and residents' rights under sec-
porting requirements of this subchapter exceeds tion 7902-A 7853, subsection 6 and rules adopted pur-
$50,000, the maximum penalty is 100% of the dollar suant to those provisions. This requirement does not
amount of that financial activity. apply to the refinancing of an authority loan outstanding
on April 1, 2002 or to a project specifically authorized
Sec. A-49. 21-A MRSA §1062-A, sub-§8-A, under this chapter.
as amended by IB 2015, c. 1, §11, is further amended to
read: Sec. A-54. 22 MRSA §2164, first ¶, as cor-
8-A. Penalties for failure to file report. The rected by RR 2021, c. 2, Pt. B, §126, is amended to read:
commission may assess a civil penalty for failure to file The Commissioner of Agriculture, Conservation
a report required by this subchapter. The maximum and Forestry or the commissioner's duly authorized
672
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 405
agent must have free access at all reasonable hours to provisions of this chapter or the federal acts or the Fed-
any factory, warehouse or establishment in which foods eral Food, Drug, and Cosmetic Act, or that the product
are manufactured, processed, packed or held for intro- or animal has been or is intended to be distributed in
duction into commerce, or to enter any vehicle being violation of any of these provisions, it may be detained
used to transport or hold such foods in commerce for by a representative for a period not to exceed 30 days,
the purpose of: pending action under section 2522 2524-A or notifica-
Sec. A-55. 22 MRSA §2164, sub-§1 is tion of a federal authority having jurisdiction over the
product or animal. The product or animal may not be
amended to read: moved by a person from the place at which it is located
1. Inspection. Of inspecting such Inspecting the when detained, until released by the representative. All
factory, warehouse, establishment or vehicle to deter- official marks may be required by the representative to
mine if any of the provisions of this subchapter are be- be removed from the product or animal before it is re-
ing violated; and leased, unless it appears to the satisfaction of the com-
missioner or the commissioner's designee that the prod-
Sec. A-56. 22 MRSA §2164, sub-§2 is uct or animal is eligible to retain the marks.
amended to read:
2. Examination of samples. To secure Securing
Sec. A-60. 22 MRSA §2660-E, first ¶, as
samples or specimens of any food after paying or offer- amended by PL 1997, c. 705, §13, is further amended
to read:
ing to pay for such the sample.
In addition to fees authorized under Title 22-A, sec-
It shall be is the duty of the commissioner to make or tion 9 210, the commissioner may impose an annual op-
cause to be made examination of samples secured under
this section to determine whether or not any provision eration fee upon each public water system in the State.
of this subchapter is being violated. Sec. A-61. 22 MRSA §3173-C, sub-§3, ¶F,
as corrected by RR 2021, c. 2, Pt. B, §159, is amended
Sec. A-57. 22 MRSA §2423-A, sub-§10, ¶E, to read:
as repealed and replaced by PL 2019, c. 331, §13 and c.
354, §5 and amended by PL 2021, c. 669, §5, is repealed F. Services furnished to an individual by a Health
and the following enacted in its place: Maintenance Organization, as defined described in
the United States Social Security Act, Section
E. A cannabis testing facility shall obtain and must 1903(m), in which the individual is enrolled; and
be able to produce, upon demand of the department
or a municipal code enforcement officer, documen- Sec. A-62. 22 MRSA §3174-T, sub-§2, ¶E,
tation of the facility's accreditation pursuant to as amended by PL 2001, c. 450, Pt. A, §3, is further
standard ISO/IEC 17025 of the International Or- amended to read:
ganization for Standardization by a 3rd‑party ac-
E. Coverage under the Cub Care program may be
crediting body. purchased for children described in subparagraphs
Sec. A-58. 22 MRSA §2430-G, sub-§1, ¶A, (1) and (2) for a period of up to 18 months as pro-
as amended by PL 2021, c. 367, §16, c. 387, §§14 and vided in this paragraph at a premium level that is
15 and c. 669, §5, is further amended by repealing sub- revenue neutral and that covers the cost of the ben-
paragraph (2) and enacting the following in its place: efit and a contribution toward administrative costs
no greater than the maximum level allowable under
(2) Keep the books and records maintained by COBRA the Consolidated Omnibus Budget Rec-
the registered caregiver, registered dispensary,
cannabis testing facility or manufacturing fa- onciliation Act of 1985, COBRA, of the Employee
Retirement Income Security Act of 1974, as
cility for a period of 4 years; and amended, 29 United States Code, Sections 1161 to
Sec. A-59. 22 MRSA §2519-A, as enacted by 1168 (Supp. 1997). The department shall adopt
PL 1999, c. 777, §1, is amended to read: rules to implement this paragraph. The following
children are eligible to enroll under this paragraph:
§2519-A. Detention
(1) A child who is enrolled under paragraph A
If a livestock product or poultry product or a prod-
uct exempted from the definitions of "livestock prod- or B and whose family income at the end of the
child's 12-month enrollment term exceeds the
uct" and "poultry product" or any dead, dying, disabled maximum allowable income set in that para-
or diseased livestock or poultry is found by an autho-
rized representative of the commissioner upon premises graph; and
where it is held for, during or after distribution in intra- (2) A child who is enrolled in the Medicaid
state commerce or is otherwise subject to this chapter program and whose family income exceeds the
and there is reason to believe that the product or animal limits of that program. The department shall
is adulterated or misbranded and is useable as human terminate Medicaid coverage for a child who
food or that it has not been inspected, in violation of the
673
PUBLIC LAW, C. 405 FIRST SPECIAL SESSION - 2023
enrolls in the Cub Care program under this other child protective activity or giving evidence in a
subparagraph. child protective proceeding.
Sec. A-63. 22 MRSA §3178, as enacted by PL Sec. A-67. 22 MRSA §4309, sub-§4, as
1973, c. 790, §2, is amended to read: amended by PL 2013, c. 368, Pt. OO, §8, is further
§3178. Payment to conservator or guardian amended to read:
If an applicant for or a recipient of aid is found by 4. Eligibility of minors who are parents. An oth-
erwise eligible person under the age of 18 who has
the department to be incapable of taking care of himself never married and who has a dependent child or is preg-
or his the applicant's or recipient's own health, welfare
or money, payment shall must be made only to a legally nant is eligible only if that person and child reside in a
dwelling maintained by a parent or other adult relative
appointed guardian or conservator for his the applicant's as that parent's or relative's own home or in a foster
or recipient's benefit.
home, maternity home or other adult-supervised sup-
Sec. A-64. 22 MRSA §3203, as enacted by PL portive living arrangement unless:
1973, c. 790, §3, is amended to read:
A. The person has no living parent or the wherea-
§3203. Report bouts of both parents are unknown;
On or before February 1, 1975, and thereafter an- B. No parent will permit the person to live in the
nually, on or before September 1st, the department shall parent's home;
submit a detailed annual report on the federal supple-
mental income program and the state supplemental in- C. The department determines that the physical or
emotional health or safety of the person or depend-
come program to the Governor in accordance with Title ent child would be jeopardized if that person and
5, sections 43, 44, 45 and 46 and to the Legislative
Council. The report shall must include copies of all per- dependent child lived with a parent;
tinent state and federal rules and regulations, and rec- D. The individual has lived apart from both parents
ommendations for policy, budgetary and legislative ac- for a period of at least one year before the birth of
tion, and any advisory recommendations as may be rec- any dependent child; or
ommended by the Maine Committee on Aging and the E. The department determines, in accordance with
Maine Human Services Council.
rules adopted pursuant to this section, which must
Sec. A-65. 22 MRSA §3271, sub-§2, as en- be in accordance with federal regulations, that there
acted by PL 1973, c. 790, §3, is amended to read: is good cause to waive this requirement.
2. The department, to the extent allowed by Title For the purposes of this subsection, "parent" includes
XVI of the United States Social Security Act, as legal guardian.
amended, and regulations promulgated thereunder,
shall establish, with the advice of the Maine Committee Sec. A-68. 22 MRSA §5304, sub-§5, as en-
acted by PL 1973, c. 793, §12, is repealed.
on Aging and the Maine Human Services Council,
standard levels of state supplemental income benefits Sec. A-69. 22 MRSA §5304, sub-§6, as
for blind, disabled and elderly people. The benefits shall amended by PL 1983, c. 409, §2, is repealed.
must be provided under a modified flat benefit system, Sec. A-70. 22 MRSA §5305, first ¶, as enacted
and may vary by marital status, and by living arrange-
ments to the extent allowed by Title XVI of the United by PL 1973, c. 793, §12, is amended to read:
States Social Security Act, as amended, and regulations State agencies shall cooperate fully with the bureau
promulgated thereunder. The benefits shall may not be and council in carrying out this Part and Part 2. The bu-
based on individual budgeted need and shall may not reau and council are is authorized to request such per-
vary by category or geographical area. Benefits for a sonnel, financial assistance, facilities and data as are
couple, except as provided under section 3273, subsec- reasonably required to assist the bureau and council to
tion 1, paragraph B, shall must be equal to the sum of fulfill their the bureau's powers and duties.
the amount of benefit for an individual and 50% of the Sec. A-71. 22 MRSA §5308, as amended by PL
benefit for an individual.
2013, c. 368, Pt. CCCC, §6, is further amended to read:
Sec. A-66. 22 MRSA §4016, as enacted by PL §5308. Office of Child and Family Services
1983, c. 354, §4, is amended to read:
§4016. Confidentiality of employee records There is within the Department of Health and Hu-
man Services the Office of Child and Family Services.
Notwithstanding Title 5, section 554 7070, subsec- The office must be a separate, distinct administrative
tion 2, paragraph E or any other provision of law, the unit, which may that is not be integrated in any way as
confidentiality of employee records is abrogated in re- a part or function of any other administrative unit of the
lation to required reporting, cooperating with the de- department. The office is equal in organizational level
partment or guardian ad litem in an investigation or and status with other major organizational units within
674
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 405
the department or its successors. The office is under the solely germane to the powers and duties pursuant to this
immediate and full supervision of the commissioner or Part and Part 2.
the chief officer of whatsoever unit succeeds the depart-
The director shall possess has full authority and re-
ment. sponsibility for administering all the powers and duties
It is the intent of this Part that the office shall func- of the bureau provided in section 5310, subject to the
tion function as a central office administrative unit of direction of the commissioner, and with the advice of
the department with the advice of the council and that the council pursuant to section 5316, and the advice of
the powers, duties, authority and responsibility of the the Maine Committee on Aging pursuant to section
office may not be delegated, decentralized or assigned 5112, subsection 3, and except as otherwise provided in
to regional, local or other units of the department, ex- section 6108.
cept as provided in this section, and section 6108 and The director shall assume and discharge all respon-
Title 5, section 464. Regarding any portion of this Part
and Part 2 that relate to provision of services directly to sibilities vested in the bureau. The director may not in
any case assign to another unit of the department that is
eligible people through staff employed subject to the not responsible to the director any power or duty
Civil Service Law by the department or other organiza-
tional units of State Government, the office may carry granted to the bureau by statute, or by rules or proce-
dures adopted pursuant to this Part and Part 2.
out its powers and duties through regional or other ad-
ministrative units of the department or State Govern- The director may employ, subject to the Civil Ser-
ment. vice Law and within the limits of available funds, com-
Regarding any portion of this Part and Part 2 that petent professional personnel and other staff necessary
to carry out the purposes of this Part and Part 2. The
relate to development, execution and monitoring of director shall prescribe the duties of the staff and assign
agreements, the office shall carry out its powers and du-
ties directly with public or private, nonprofit agencies a sufficient number of staff full time to the bureau to
achieve its powers and duties. Regarding the provision
without acting through other administrative units of the of human services by the bureau directly to eligible peo-
department as intermediaries, except as provided in sec-
tion 6108. Functions relating to agreements do not re- ple, the director may arrange to house staff or assign
staff who are responsible to the director to regional or
quire the approval of any other unit of the department, other units of the department or State Government. Re-
except as the office is responsible and accountable to
the commissioner and except as the office shall function garding the development, execution and monitoring of
agreements, the director may not house nor assign staff
with the advice of the council pursuant to Title 5, sec- to any other unit of the department or State Govern-
tion 464 and with the consent of the Maine Committee
on Aging pursuant to section 5112, subsection 3 and ex- ment. Such staff shall report solely and directly to the
director. The director shall assign staff to the council as
cept as provided by section 6108. provided in sections 5305 and 5315.
The office is the sole agency of State Government Sec. A-73. 22 MRSA §5310, first ¶, as
responsible for administration of this Part and Part 2
subject to the direction of the commissioner. The office amended by P&SL 1975, c. 90, §C, §5, is further
amended to read:
shall fully coordinate with appropriate state agencies
and fully utilize existing support services. The bureau shall establish in accordance with the
purposes and intent of this Part and Part 2, with the ad-
Sec. A-72. 22 MRSA §5309, as corrected by vice of the council and subject to the direction of the
RR 2021, c. 2, Pt. B, §§213 to 215, is amended to read:
commissioner, the overall planning, policy, objectives
§5309. Director and priorities for all functions and activities relating to
The bureau is administered by a director. human services, including services to older people
funded by Title IV or Title VI, or their successors or
The director shall must be a person qualified by amendments or additions thereto of the United States
training and experience with human services or by sat- Social Security Act, as amended, and excepting all
isfactory experience of a comparable nature in the di- other services to older people which that are conducted
rection, organization and administration of public or or supported in the State. In order to carry out the above,
private human services. The director shall must be im- the bureau shall have has the power and duty to:
mediately and fully responsible to the commissioner
and shall may not be partially or indirectly responsible Sec. A-74. 22 MRSA §5310, sub-§7, as
amended by P&SL 1975, c. 90, §C, §5, is further
to any other official of the department. amended to read:
The director shall serve full time in a position that 7. Function as the organizational unit of State
is separate from and not integrated in any way with an-
other position in the department. The director may not Government with the sole responsibility for conducting
and coordinating, with the advice of the council or of
concurrently hold another title and shall perform duties the committee and subject to the direction of the com-
missioner, functions assigned to it by the commissioner,
675
PUBLIC LAW, C. 405 FIRST SPECIAL SESSION - 2023
and functions authorized by this Part and Part 2 and so Sec. A-76. 22 MRSA §6203, as amended by PL
much of the several Acts, amendments and successors 1989, c. 878, Pt. A, §64, is further amended to read:
to them enacted by the people of the State of Maine and
§6203. Rules; agreements
those authorized by the United States Acts, amend-
ments and successors to them as relate to human ser- 1. Rules. The department shall promulgate adopt
vices, including services to older people funded by Ti- such rules as may be necessary for the effective admin-
tles IV and VI, or their successors or amendments or istration of adult day care pursuant to this chapter, in
additions thereto of the United States Social Security accordance with the Maine Administrative Procedure
Act, as amended, and excepting all other services to Act, Title 5, chapter 375. In the development of these
older people: rules, the department shall consult with the Maine Com-
mittee on Aging, the associations representing care fa-
A. The Priority Social Services Act of 1973 except cilities and area agencies on aging.
services to older people in accordance with section
6108; and 2. Agreements. In order to provide adult day care
B. Title IV and VI, in their entirety, of the United and other services, the department may enter into agree-
ments with long-term health care facilities and
States Social Security Act, as amended. community-based programs, separate and distinct from
The bureau is designated as the single agency of State any other agreements between the department and the
Government solely responsible for administering, sub- same facility or programs.
ject to the direction of the commissioner, any state plans
Any A facility or program providing adult day care pur-
as may be required by the above Acts, and for adminis- suant to this chapter shall enter into an agreement with
tering programs or Acts of the State or United States
relating to such human services which that are not the the department. Each agreement shall must specify,
among other things, the services to be provided, the fees
specific responsibility of another state agency under for services, the method of payment, records to be main-
state or federal law.;
tained and the provisions for evaluating the services
Sec. A-75. 22 MRSA §5310, sub-§8, as en- provided.
acted by PL 1973, c. 793, §12, is amended to read:
Sec. A-77. 22 MRSA §7302, sub-§5, as re-
8. Assist, with the advice of the council, the Leg- pealed and replaced by PL 2009, c. 652, Pt. A, §32, is
islative and Executive Branches legislative and execu- amended to read:
tive branches of State Government, especially the Gov-
ernor, commissioner and Bureau of the Budget, to co- 5. In-home and community support services.
"In-home and community support services" means
ordinate all government efforts relating to human ser- health and social services and other assistance required
vices, except services to older people, by:
to enable adults with long-term care needs to remain in
A. Submitting to each branch of State Government their places of residence. These services include, but are
no later than September 1st of each year an annual not limited to, self-directed care services; medical and
report covering its activities for the immediately diagnostic services; professional nursing; physical, oc-
past fiscal year and future plans, including reports cupational and speech therapy; dietary and nutrition ser-
of the committee; vices; home health aide services; personal care assis-
B. Reviewing all proposed legislation, fiscal activ- tance services; companion and attendant services;
handyman home repair and home maintenance, chore
ities, plans, policies and other administrative func- and homemaker services; respite care; hospice care;
tions relating to such the human services made by
or requested of all state agencies. The bureau shall counseling services; transportation; small rent subsi-
dies; various devices that lessen the effects of disabili-
have has the authority to submit to those bodies ties; and other appropriate and necessary social ser-
findings, comments and recommendations, which
shall be are advisory. Such The findings and com- vices.
ments shall must recommend what modification in Sec. A-78. 22 MRSA §7802, sub-§1-A, as
proposals or actions shall must be taken to make amended by PL 1989, c. 400, §13 and PL 2013, c. 368,
proposed legislation, fiscal activities and adminis- Pt. CCCC, §7, is further amended to read:
trative activities consistent with such policies and 1-A. Consolidation of functions. All staff per-
priorities; and
forming general licensing functions within the Office of
C. Making recommendations to the respective Child and Family Services, including the out-of-home
branches of State Government related to improving abuse and neglect investigating team when investigat-
the quality of such human services and shall con- ing pursuant to section 5005 8354, subsection 3 2, par-
sult consulting with and be being consulted by all agraph C, shall be are consolidated as a single organi-
responsible state agencies regarding the policies, zational unit.
priorities and objectives of functions related to hu- Sec. A-79. 22 MRSA §8204, sub-§1, as en-
man services;
acted by PL 1977, c. 515, §3, is amended to read:
676
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 405
1. License required. Any An individual who op- insurance benefits unless the regulated insurance entity
erates a child placing agency shall be is subject to the complies with Title 10, section 1314 the federal Con-
licensing requirements of the department, as specified sumer Credit Protection Act, 15 United States Code,
under this chapter and under chapter 1663. Any An in- Section 1681d and informs the consumer in writing that
dividual who advertises himself or holds himself out as the consumer may request to be interviewed in connec-
or claims to perform the service of placing or finding tion with the preparation of the investigative consumer
homes for children for the purpose of adoption, shall be report.
is deemed to operate a child placing agency.
Sec. A-85. 24-A MRSA §2328, as amended by
Sec. A-80. 22 MRSA §8204, sub-§2, as en- PL 1991, c. 885, Pt. B, §10 and affected by §13, is fur-
acted by PL 1977, c. 515, §3, is amended to read: ther amended to read:
2. License not required. Any An individual who §2328. Examinations
does not advertise himself or hold himself out as or The superintendent shall examine the affairs, trans-
claim to perform the service of placing or finding homes
for children for the purpose of adoption, but who places actions, accounts and records of each rating organiza-
tion licensed in this State as provided in section 2310,
or assists in placing a child for adoption, shall not be of each advisory organization licensed in this State as
deemed is not considered to operate a child placing
agency and shall is not be subject to the licensing re- provided in section 2321‑A, and of joint underwriters
and joint reinsurers as defined in section 2322‑A, as of-
quirements of the department, as specified under this ten as the superintendent deems considers advisable,
chapter and under chapter 1663.
but not less frequently than once every 5 years. The
Sec. A-81. 22 MRSA §8602, first ¶, as enacted examination must be conducted in the same manner and
by PL 1987, c. 389, §5 and amended by PL 2003, c. 689, is subject to the same applicable provisions as apply to
Pt. B, §6, is further amended to read: examination of insurers in chapter 3. The reasonable
costs of any such examination must be paid by the or-
The Department of Health and Human Services, in ganization or association so examined. In lieu of any
consultation with adult day care providers and the
Maine Committee on Aging, shall promulgate adopt such examination, the superintendent may accept the re-
port of an examination made by the insurance supervi-
rules for adult day care programs which shall that in- sory official of another state, pursuant to the laws of
clude, but are not be limited to, rules pertaining to the
health and safety of the adult clients and staff, the qual- such state.
ity of the program provided, the administration of med- If the examination of a rating organization is satis-
ication and licensing procedures. fied by acceptance of another state's report on that rating
organization, the superintendent shall submit a report to
Sec. A-82. 24 MRSA §2308-A, sub-§3, ¶B, the joint standing committee of the Legislature having
as enacted by PL 1997, c. 344, §5, is amended by
jurisdiction over banking and insurance concerning the
amending subparagraph (1) to read: superintendent's analysis of that report, any deficiencies
(1) Title 24‑A, section 222, subsections 2 to noted by the superintendent or in the other state's report
10 and Title 24‑A, section 222, subsections 12 and what action has been taken to correct those defi-
13-A to 18; ciencies.
Sec. A-83. 24-A MRSA §721, sub-§3, as en- Sec. A-86. 24-A MRSA §2482, sub-§1, as en-
acted by PL 1969, c. 132, §1, is amended to read: acted by PL 2003, c. 680, §1, is amended to read:
3. Reinsurance ceded as authorized by section 731 1. Appeal to review panel appointed by commis-
shall subchapter 3 must be deducted in determining risk sion. Not later than 30 days after the commission has
retained. As to surety risks, deduction shall must be given notice of a disapproved product or advertisement
made of the amount assumed by any authorized filed with the commission, the insurer or 3rd-party filer
cosurety and the value of any security deposited, whose filing was disapproved may appeal the determi-
pledged or held subject to the surety's consent and for nation to a review panel appointed by the commission.
the surety's protection. The commission shall promulgate rules to establish pro-
cedures for appointing a review panel and provide for
Sec. A-84. 24-A MRSA §2209, sub-§1, as en- notice and hearing. An allegation that the commission,
acted by PL 1997, c. 677, §3 and affected by §5, is
amended to read: in disapproving a product or advertisement filed with
the commission, acted arbitrarily, capriciously or in a
1. Required notice. A regulated insurance entity manner that is an abuse of discretion or otherwise not in
or insurance support organization may not prepare or accordance with the law is subject to judicial review in
request an investigative consumer report about an in- accordance with section 2474, subsection 5 4.
surance consumer in connection with an insurance
transaction involving an application for insurance, a
Sec. A-87. 24-A MRSA §2540, as amended by
PL 1979, c. 141, is further amended to read:
policy renewal, a policy reinstatement or a change in
677
PUBLIC LAW, C. 405 FIRST SPECIAL SESSION - 2023
§2540. "Wholesale life insurance" defined cept applications for memberships or enroll mem-
bers, except when the association is an association
"Wholesale life insurance" is that plan of life insur- of insurance agents or brokers organized under sec-
ance, other than salary savings life insurance or pension
trust insurance and annuities, under which individual tion 2805‑A;
policies are issued to the employees of any employer G. Insurance is provided as an incidental benefit of
and where such policies are issued on the lives of not association membership and the primary purposes
less than 3 employees at date of issue. Premiums for of the association do not include group buying or
such policies shall must be paid either wholly from the mass marketing of insurance or other goods and
employer's funds, or funds contributed by him the em- services; and
ployer, or partly from such funds and partly from funds
H. Granting an exemption to the association does
contributed by the insured employees. In addition to the not conflict with the purposes of this section.
wholesale plans referred to in this section, wholesale
life insurance may also be issued to any group of per- Except for individuals with grandfathered health plans
sons eligible for franchise health insurance under sec- under the federal Affordable Care Act, this subsection
tion 2740, subject to the terms and conditions of that does not apply to policies, contracts or certificates that
section. are executed, delivered, issued for delivery, continued
Sec. A-88. 24-A MRSA §2736-C, sub-§6, or renewed in this State on or after January 1, 2014.
¶A, as amended by PL 1995, c. 332, Pt. K, §1, is further Sec. A-90. 24-A MRSA §2904, first ¶, as cor-
amended to read: rected by RR 2021, c. 1, Pt. B, §254, is amended to read:
A. Each carrier must actively market individual Whenever any person, including an administrator,
health plan coverage, including any standardized executor, or guardian, recovers a final judgment against
plans defined pursuant to subsection 8, to individ- any other person for any loss or damage specified in
uals in this State. section 2903, the judgment creditor is entitled to have
the insurance money applied to the satisfaction of the
Sec. A-89. 24-A MRSA §2736-C, sub-§9, as judgment by bringing a civil action, in the judgment
amended by PL 2011, c. 364, §8, is further amended to
creditor's own name, against the insurer to reach and ap-
read: ply the insurance money, if when the right of action ac-
9. Exemption for certain associations. The su- crued, the judgment debtor was insured against such li-
perintendent may exempt a group health insurance pol- ability and if before the recovery of the judgment the
icy or group nonprofit hospital or medical service cor- insurer had had notice of such accident, injury or dam-
poration contract issued to an association group, orga- age. The insurer has the right to invoke the defenses de-
nized pursuant to section 2805‑A, from the require- scribed in this section in the proceedings. The provi-
ments of subsection 3, paragraph A; and subsection 6, sions of this paragraph and section 2903 do not apply:
paragraph A; and subsection 8 if: Sec. A-91. 24-A MRSA §3423, sub-§1, as
A. Issuance and renewal of coverage under the pol- corrected by RR 2021, c. 1, Pt. B, §281, is amended to
icy or contract is guaranteed to all members of the read:
association who are residents of this State and to
1. If a domestic stock insurer's paid-in capital
their dependents; stock, as represented by the aggregate par value of its
B. Rates for the association comply with the pre- outstanding capital stock, becomes impaired, or the as-
mium rate requirements of subsection 2 or are es- sets of a domestic mutual insurer are less than its liabil-
tablished on a nationwide basis and substantially ities and the minimum amount of basic surplus required
comply with the purposes of this section, except to be maintained by it under this Title for authority to
that exempted associations may be rated separately transact the kinds of insurance being transacted, the su-
from the carrier's other individual health plans, if perintendent shall at once determine the amount of de-
any; ficiency and serve notice upon the insurer to cure the
deficiency and file proof thereof with the insurer super-
C. The group's anticipated loss ratio, as defined in intendent within the period specified in the notice,
subsection 5, is at least 75%;
which period may not be less than 30 nor more than 90
D. The association's membership criteria do not in- days from the date of the notice. Such notice may be so
clude age, health status, medical utilization history served by delivery to the insurer, or by mailing to the
or any other factor with a similar purpose or effect; insurer addressed to its registered office in this State.
E. The association's group health plan is not mar- Sec. A-92. 24-A MRSA §3871, sub-§2, as
keted to the general public; corrected by RR 2021, c. 1, Pt. B, §319, is amended to
read:
F. The association does not allow insurance agents
or brokers to market association memberships, ac- 2. If an An order to show cause why a receiver,
conservator, rehabilitator or liquidator of the insurer
678
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 405
should not be appointed is issued while the subscriber's A. The obligation of the insurer to such the person
policy is in force or within one year after its termination. would not at the date of the entry of any liquidation
order or otherwise, as provided in section 4376, en-
Sec. A-93. 24-A MRSA §4128, as corrected by title such the person to share as a claimant in the
RR 2021, c. 1, Pt. B, §§332 to 334, is amended to read:
assets of the insurer; or
§4128. Licensing of agents
B. The obligation of the insurer to such the person
Insurance producers of societies must be licensed was purchased by or transferred to such the person
in accordance with chapter 16 provided the examination with a view of its being used as an offset,; or
requirements of chapter 16 are not applicable to any in-
surance producer who was in the service of a society on C. The obligation of such the person is to pay an
assessment levied against the members of a mutual
January 1, 1978, and provided except that no insurance insurer, or against the subscribers of a reciprocal
producer's license is required of the following if:
insurer, or is to pay a balance upon the subscription
1. Officer devoting substantial time to activities to the capital stock of a stock insurer.
other than solicitation or negotiation of insurance
contracts. Any An officer, employee or secretary of
Sec. A-95. 25 MRSA §2469, sub-§1, ¶A, as
enacted by PL 2021, c. 194, §1 and affected by §3, is
any such a society or of any subordinate lodge or branch
thereof who of that society devotes substantially all of amended to read:
the officer's, employee's or secretary's time to activities A. With an assembly that incorporates a sensor
other than the solicitation or negotiation of insurance control component and an alarm notification that
contracts and who receives no commission or other detects elevations in propane, natural gas or any
compensation directly dependent upon the number or liquified liquefied petroleum gas;
amount of contracts solicited or negotiated;
Sec. A-96. 25 MRSA §2469, sub-§2, as
2. Agent devoting less than 50% of time to so- amended by PL 2021, c. 676, Pt. D, §5, is further
licitation and procurement of insurance contracts. amended to read:
Any An agent or representative of a society who de- 2. Fuel gas detector required. The building
votes less than 50% of the agent's or representative's
time to the solicitation and procurement of insurance owner shall install, or cause to be installed, in accor-
dance with the manufacturer's requirements at least one
contracts for such the society. Any A person, who in the approved fuel gas detector in every room containing an
preceding calendar year has solicited and procured life
insurance in excess of $200,000, face amount, or, in the appliance that combusts propane, natural gas or any liq-
uified liquefied petroleum gas in:
case of any other kind or kinds of insurance that the so-
ciety may write, on the persons of more than 25 individ- A. Each unit in any building of multifamily occu-
uals and who has received or will receive a commission pancy;
or other compensation therefor, for the solicitation and B. A fraternity house, sorority house or dormitory
procurement is presumed to be devoting 50% of the per-
son's time to the solicitation or procurement of insur- that is affiliated with an educational facility;
ance contracts for such the society; or C. A children's home, emergency children's shel-
ter, children's residential care facility, shelter for
3. Persons who do not effect insurance. Any A homeless children or specialized children's home as
member of a society who does not effect insurance and
whose that member's solicitation or negotiation is inci- defined in Title 22, section 8101, subsections 1, 2,
4, 4‑A and 5, respectively;
dental to securing new members for the member's soci-
ety and whose that member's only remuneration con- D. A hotel, motel or inn;
sists of prizes in the form of merchandise or payments
E. A mixed use occupancy that contains a dwelling
of a nominal amount. unit;
Sec. A-94. 24-A MRSA §4381, as corrected by F. Beginning January 1, 2026, a business occu-
RR 2021, c. 1, Pt. B, §375, is amended to read:
pancy;
§4381. Offsets
G. Beginning January 1, 2026, a mercantile occu-
1. In all cases of mutual debts or mutual credits pancy; or
between the insurer and another person in connection
H. Beginning January 1, 2026, an assembly occu-
with any action or proceeding under this chapter, such pancy.
credits and debts shall must be set off and the balance
only shall be allowed or paid, except as provided in sub- Sec. A-97. 25 MRSA §2469, sub-§4, as en-
section 2. acted by PL 2021, c. 194, §1 and affected by §3, is
amended to read:
2. No An offset shall be is not allowed in favor of
any such a person where if:
679
PUBLIC LAW, C. 405 FIRST SPECIAL SESSION - 2023
4. Transfer of building. A person who, after Jan- Sec. A-100. 26 MRSA §1162, as amended by
uary 1, 2022, acquires by sale or exchange a building PL 2021, c. 456, §11, is further amended to read:
listed in subsection 2, paragraph A shall install fuel gas
§1162. Withdrawals
detectors in accordance with subsection 2 in the ac-
quired building within 30 days of acquisition or occu- Moneys must be requisitioned from the State's ac-
pancy of the building, whichever is later, if fuel gas de- count in the Unemployment Trust Fund solely for the
tectors in accordance with subsection 2 are not already payment of benefits and for the payment of refunds pur-
present, and shall certify at the closing of the transaction suant to section 1043, subsection 11, paragraph F, sub-
that fuel gas detectors will be installed. This certifica- paragraph (2) and section 1225 in accordance with rules
tion must be signed and dated by the person acquiring prescribed by the commissioner. The commissioner
the building. A fuel gas detector must be installed in shall from time to time requisition from the Unemploy-
accordance with the manufacturer's requirements at the ment Trust Fund the amounts, not exceeding the
time of installation in each area containing an appliance amounts standing to this State's account therein, as the
fueled by propane, natural gas or liquified liquefied pe- commissioner considers necessary for the payment of
troleum gas. A person may not have a claim for relief the benefits and refunds for a reasonable future period.
against a property owner, a property purchaser, an Upon receipt thereof the Treasurer of State shall deposit
authorized agent of a property owner or purchaser, a the moneys in the benefit account and warrants must be
person in possession of real property, a closing agent or issued for the payment of benefits and refunds solely
a lender for any damages resulting from the operation, from the benefit account. All warrants issued for the
maintenance or effectiveness of a fuel gas detector. Vi- payment of benefits and refunds must bear the signature
olation of this subsection does not create a defect in ti- of the commissioner or the commissioner's duly autho-
tle. rized agent for that purpose. When so signed and deliv-
ered to the payee, the warrants become a check against
Sec. A-98. 26 MRSA §42-A, sub-§2, ¶A, as a designated bank or trust company acting as a deposi-
amended by PL 1987, c. 559, Pt. B, §6, is further
amended to read: tory of the State Government. The commissioner is the
final judge of the legality or propriety of any award of
A. The development and application of a statewide benefits, or the amount thereof, appearing in any such
safety education and training program to familiar- warrant prepared by the commissioner, subject only to
ize employers, supervisors, employees and union the right of appeal as provided in section 1194, subsec-
leaders with techniques of accident investigation tions subsection 8 and 9. Any balance of moneys req-
and prevention, including education and training uisitioned from the Unemployment Trust Fund that re-
assistance to employers and employees under the mains unclaimed or unpaid in the benefit account after
chemical substance identification law in sections the expiration of the period for which the sums were
1715 and 1720; requisitioned must either be deducted from estimates
for, and may be utilized for the payment of, benefits and
Sec. A-99. 26 MRSA §1043, sub-§11, ¶D is refunds during succeeding periods or, in the discretion
repealed and the following enacted in its place:
of the commissioner, be redeposited with the United
D. Service is considered to be localized within a States Secretary of the Treasury, to the credit of this
state if: State's account in the Unemployment Trust Fund, as
(1) The service is performed entirely within a provided in section 1161.
state; or Sec. A-101. 26 MRSA §1285, sub-§1, ¶C, as
corrected by RR 2021, c. 2, Pt. A, §93, is repealed and
(2) The service is performed both within and the following enacted in its place:
outside a state, but the service performed out-
side a state is incidental to the individual's ser- C. To execute in writing an agreement between the
vice within the State, including service that is public employer and the bargaining agent. An
temporary or transitory in nature or consists of agreement under this paragraph is subject to nego-
isolated transactions. tiation and may not exceed 2 years;
Notwithstanding any other provisions of this sec- Sec. A-102. 28-A MRSA §1066-A, sub-§1,
tion, "employment" includes all service performed as amended by PL 1997, c. 373, §91, is further amended
after January 1, 1947 by an officer or member of to read:
the crew of an American vessel on or in connection
1. Issuance of licenses. The bureau may issue li-
with the vessel, as long as the operating office from censes under this section for the sale of malt liquor to
which the operations of the vessel operating on
navigable waters within, or within and outside, the be consumed on the premises to taverns as defined in
section 2, subsection 16 15, paragraph T‑1.
United States are ordinarily and regularly super-
vised, managed, directed or controlled is within the Sec. A-103. 28-A MRSA §1074, as amended
State. by PL 2021, c. 598, §6 and c. 658, §194, is repealed and
the following enacted in its place:
680
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 405
681
PUBLIC LAW, C. 405 FIRST SPECIAL SESSION - 2023
682
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 405
B. Intercede on behalf of victims with officials of 2-A. Right of utility contractors to provide tes-
the department, any correctional facility, any de- timony. A utility contractor has the right to testify be-
tention facility, community corrections as defined fore or provide information to a legislative committee,
in section 1210‑D 1210-E, subsection 2 1, para- the commission or the Public Advocate.
graph A or any contract agency or assist these per-
sons in the resolution of victim-related issues; 3. Discharge of, threats to or discrimination
against employees for testimony presented to legis-
Sec. A-123. Effective date. Those sections of lative committees, the commission or the Public Ad-
this Part that amend the Maine Revised Statutes, Title vocate. A supervisor may not discharge, threaten or
34-A, section 1214, subsection 1 and subsection 3, par- otherwise discriminate against an employee regarding
agraph B take effect July 1, 2023. the employee's compensation, terms, conditions, loca-
Sec. A-124. 35-A MRSA §1316, as amended tion or privileges of employment because the employee,
in compliance with this section, in good faith testifies
by PL 2021, c. 659, §§5 to 9 and c. 702, §4, is repealed before or provides information to a legislative commit-
and the following enacted in its place:
tee, the commission or the Public Advocate regarding
§1316. Testimony presented by employees of public the operation of the business of a public utility or com-
utilities, competitive electricity providers, petitive electricity provider or because the employee
affiliated interests or utility contractors to brings the subject matter of the testimony or infor-
legislative committees, the Public Utilities mation to the attention of a person having supervisory
Commission and the Public Advocate authority.
1. Definitions. As used in this section, unless the This subsection does not apply to an employee who has
context otherwise indicates, the following terms have testified before or provided information to a legislative
the following meanings. committee, the commission or the Public Advocate un-
less the employee has first brought the subject matter of
A. "Employee" means a person who currently per-
forms or formerly performed a service for wages or the testimony or information in writing to the attention
of a person having supervisory authority with the em-
other remuneration under a contract of hire, ex- ployer and has allowed the employer a reasonable time
pressed or implied, for a public utility, competitive
electricity provider, affiliated interest or utility to address the subject matter of the testimony or infor-
mation. If appropriate, the employer shall respond in
contractor. writing.
A-1. "Affiliated interest" has the same meaning as 4. Exceptions. The protections created in subsec-
in section 707, subsection 1, paragraph A.
tions 3 and 9 do not apply to testimony or information
B. "Employer" means a public utility, competitive that, upon reasonable inquiry by the employee or utility
electricity provider, affiliated interest or utility contractor, would be found to be false.
contractor licensed to do business in this State with 5. Civil actions for injunctive relief or other
one or more employees.
remedies by employees. An employee who alleges a
C. "Legislative committee" means a joint standing violation of rights under this section and who has made
committee or a joint select committee of the Legis- reasonable efforts to exhaust all grievance procedures,
lature, a task force, commission or council or any as provided for in the contract of employment or that
other committee established by the Legislature and otherwise may be available at the employee's place of
composed wholly or partly of Legislators for the employment, may bring a civil action, including an ac-
purpose of conducting legislative business. tion for injunctive relief, within 90 days after the occur-
rence of that alleged violation or after the grievance pro-
D. "Own time" means an employee's vacation or cedure or similar process terminates. The action may
personal time, earned as a condition of employ-
ment. be brought in the Superior Court for the county where
the alleged violation occurred, the county where the
E. "Utility contractor" means a person that pro- complainant resides or the county where the person
vides goods or services to a public utility or com- against whom the civil complaint is filed resides. An
petitive electricity provider. employee must establish each element of the employ-
ee's case by a preponderance of the evidence.
2. Right of employees to provide testimony. Em-
ployees have the right to represent themselves and to 5-A. Civil actions for injunctive relief or other
testify before or provide information to a legislative remedies by utility contractors. A utility contractor
committee, the commission or the Public Advocate on that alleges a violation of rights under this section may
their own time. An employee who complies with this bring a civil action, including an action for injunctive
section may not be denied the right to testify before or relief, within 90 days after the occurrence of that alleged
provide information to a legislative committee, the violation. The action may be brought in the Superior
commission or the Public Advocate. Court for the county where the alleged violation oc-
curred, the county where the complainant resides or the
683
PUBLIC LAW, C. 405 FIRST SPECIAL SESSION - 2023
county where the person against whom the civil com- 1, paragraph H, 5 impairs the rights of the applicable
plaint is filed resides. A utility contractor must estab- licensing authority.
lish each element of the utility contractor's case by a
preponderance of the evidence.
Sec. A-126. 35-A MRSA §3206-A, sub-§2,
as enacted by PL 1999, c. 398, Pt. G, §4, is amended by
6. Remedies ordered by court. A court, in ren- amending the first blocked paragraph to read:
dering a judgment in an action brought pursuant to this
section, may order reinstatement of the employee, the If the commission orders a divestiture pursuant to this
subsection, the distribution utility must complete the di-
payment of back wages, full reinstatement of fringe vestiture within 12 months of the order to divest, unless
benefits and seniority rights or any combination of these
remedies. If an employee or utility contractor is the pre- the commission grants an extension. Upon application
by the distribution utility, the commission may grant an
vailing party, a court shall award the employee or utility extension for the purpose of permitting the utility to
contractor all or a portion of the costs of litigation, in-
cluding reasonable attorney's fees and witness fees. complete a divestiture that has been initiated in good
faith but not finalized within the 12-month period. The
7. Agreements. This section does not diminish or commission shall oversee and approve a divestiture in
impair the rights of a person under any collective bar- accordance with rules adopted pursuant to section 3204,
gaining agreement. A public utility, competitive elec- subsection 4.
tricity provider or affiliated interest may not enter into
an agreement preventing employees from exercising
Sec. A-127. 36 MRSA c. 109, as amended, is
repealed.
their rights to testify before or provide information to a
legislative committee, the commission or the Public Sec. A-128. 37 MRSA c. 5, as amended, is re-
Advocate pursuant to this section. pealed.
8. Jury trial; common-law rights. Any action Sec. A-129. 37 MRSA c. 7, as amended, is re-
brought under this section may be heard by a jury. pealed.
Nothing in this section derogates any common-law
rights of an employee or employer.
Sec. A-130. 37 MRSA c. 9, as amended, is re-
pealed.
9. Contracts with utility contractors. If a utility Sec. A-131. 37-B MRSA §796, sub-§3, as en-
contractor, in compliance with this section and in good
faith, testifies before or provides information to a legis- acted by PL 1989, c. 464, §3, is amended to read:
lative committee, the commission or the Public Advo- 3. Revised data sheets. Within 3 months after the
cate, a public utility or competitive electricity provider discovery of new information about a hazardous chem-
may not respond to such action by the utility contractor ical or extremely hazardous substance identified in the
by: data sheet required by subsection 1, paragraph A or
within 3 months after obtaining a hazardous chemical
A. Terminating or threatening to terminate a con- or extremely hazardous substance for which reporting
tract with the utility contractor; or
is required by subsection 1, paragraph A, the owner or
B. Harming or threatening to harm the utility con- operator of a facility shall prepare and submit a revised
tractor financially. data sheet or a revised list of chemicals for which data
10. Notice of rights required. A public utility and sheets are available that meets the requirements of sub-
section 1, paragraph A and contains the new infor-
a competitive electricity provider shall notify the public mation to the local emergency planning committee, the
utility's and the competitive electricity provider's em-
ployees, affiliated interests and utility contractors of commission, and the fire department having jurisdiction
over the facility.
their rights under this section.
11. Penalties. The commission may impose pen-
Sec. A-132. 38 MRSA §440, 3rd ¶, as
amended by PL 1987, c. 737, Pt. C, §§86 and 106 and
alties for violations of this section. This subsection
does not apply in the case of an employee of a utility PL 1989, c. 6; c. 9, §2 and c. 104, Pt. C, §§8 and 10, is
further amended to read:
contractor alleging a violation under subsection 3.
Zoning ordinances adopted or extended pursuant to
12. Rulemaking. The commission may adopt this section need not depend upon the existence of a
rules to implement this section. Rules adopted pursuant
to this subsection are routine technical rules as defined zoning ordinance for all of the land and water area
within a municipality, despite the provisions of Title
in Title 5, chapter 375, subchapter 2‑A. 30‑A, section 4503, 4352 to the contrary, provided such
Sec. A-125. 35-A MRSA §2503, sub-§18, as ordinances are except that an ordinance is required for
enacted by PL 1987, c. 141, Pt. A, §6, is amended to entrance of the municipality into the Federal Flood In-
read: surance Program. Ordinances or amendments adopted
18. Rights of applicable licensing authority. by authority of this section shall may not extend beyond
Nothing in Title 30 30-A, section 2151 3008, subsection
684
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 405
an area greater than that necessary to comply with the must be decided as similar issues are decided at com-
requirements of the Federal Flood Insurance Program. mon law. If judgment is for the defendant, he shall the
defendant is entitled to recover his the defendant's costs.
Sec. A-133. 38 MRSA §440, 4th ¶, as
amended by PL 1989, c. 403, §9, is further amended to Sec. A-137. 38 MRSA §718 is amended to
read: read:
Zoning ordinances adopted or amended pursuant to §718. --offer of increased compensation
this section shall must designate as a resource protec-
tion zone or its equivalent, as defined in the guidelines The owner of the mill, dam or canal may within
said month the time provided in section 717 offer in
adopted pursuant to section 438‑A, subsection 1, all ar- writing to the owner of the land injured, an increase of
eas within the floodway of the 100-year flood plain
along rivers and in the velocity zone in areas subject to compensation for the future. If the owner of the land
does not agree to accept it, but brings a new complaint
tides, based on detailed flood insurance studies and as for the purpose of increasing it, he recovers no the
delineated on the Federal Emergency Management
Agency's Flood Boundary and Floodway Maps and owner of the land may not recover costs unless he that
owner obtains an increase greater than the offer.
Flood Insurance Rate Maps. This provision does not ap-
ply to areas zoned for general development or its equiv- Sec. A-138. 38 MRSA §719 is amended to
alent, as defined in the guidelines adopted pursuant to read:
section 438‑A, subsection 1, as of the effective date of §719. --offer to accept less compensation
this paragraph July 16, 1986, or within areas designated
by ordinances as densely developed. The determination The owner of the land injured may within said
of which areas are densely developed shall must be month the time provided in section 717 offer in writing
based on a finding that, as of the effective date of this to the owner of the mill, dam or canal to accept a re-
paragraph July 16, 1986, existing development meets duced compensation for the future. If the owner of the
the definition in former section 436, subsection 3. mill, dam or canal declines to pay it, and brings a new
complaint to obtain a reduction, he shall the owner of
Sec. A-134. 38 MRSA §480-U, sub-§2, ¶D, the mill, dam or canal may not recover no costs, unless
as enacted by PL 1991, c. 214, §2, is amended by
amending subparagraph (1) to read: such the compensation is reduced to a sum less than
what was offered.
(1) The cranberries must be cultivated in
accordance with organic production standards
Sec. A-139. 38 MRSA §727 is amended to
read:
established in Title 7, section 551, subsection
2 and section 553, subsection 1, paragraph A §727. If complaint abates, rights preserved by new
the rules and regulations of the United States complaint
Department of Agriculture, Agricultural Mar-
keting Service's National Organic Program. If such a complaint referenced in section 725 or 726
is abated or defeated for want of form, or if, after a ver-
Sec. A-135. 38 MRSA §555, as amended by PL dict for the plaintiff, judgment is reversed, he the plain-
1997, c. 424, Pt. B, §8, is further amended to read: tiff may bring a new complaint at any time within one
year thereafter and thereon recover the damages sus-
§555. Budget approval tained during the 3 years preceding the institution of the
The commissioner shall submit budget recommen- first complaint, or at any time afterwards.
dations for disbursements from the fund in accordance
with section 551, subsection 5, paragraphs A, C, F and Sec. A-140. 38 MRSA §963, sub-§1, ¶A, as
corrected by RR 2021, c. 2, Pt. B, §259, is amended to
H for each biennium. The budget must be submitted as read:
part of the unified current services budget legislation in
accordance with Title 5, sections 1663 to 1666. The A. Application of the performance standard to the
State Controller shall authorize expenditures therefrom land or water area in question will result in undue
as approved by the commissioner. Expenditures pursu- hardship to the applicant, provided that hardship to
ant to section 551, subsection 5, paragraphs B, D, and the applicant, provided except that hardship shall
E and G may be made as authorized by the State Con- may not be construed to include hardship:
troller following approval by the commissioner.
(1) Any hardship attributable Attributable to
Sec. A-136. 38 MRSA §704 is amended to any act, course of conduct or failure to act of
read: the applicant or the applicant's predecessor in
§704. Trial; costs interest beginning with the owner of record on
the effective date of this chapter or of a perfor-
When any such an answer is filed pursuant to sec- mance standard adopted pursuant thereto to
tion 703 and an issue in fact or in law is joined, it shall this chapter from which a variance is sought;
or
685
PUBLIC LAW, C. 405 FIRST SPECIAL SESSION - 2023
(2) Any hardship that That is not unique to the includes an emergency medical dispatcher as de-
petitioner's land; fined in Title 32, chapter 2‑B, section 85‑A, sub-
section 1, paragraph D.
Sec. A-141. 38 MRSA §974 is amended to
read: Each time the Legislature amends this paragraph to
§974. Right of owner to search for lost logs provide for a rebuttable presumption for a new cat-
egory of employees, the board shall submit a report
The owner of such logs, masts or spars referred to to the joint standing committee of the Legislature
in section 971 or the owner's agent may at any time, by having jurisdiction over labor matters no later than
himself or his agent, enter in a peaceable manner upon the January 1st after the 5th year of the addition of
any mill, mill-brow, boom or raft of logs or other timber the category of employees and no later than the Jan-
in search of such that lost property. Whoever willfully uary 1st after the 10th year of the addition of the
prevents or obstructs such a search for that lost property category of employees. The reports must include an
forfeits for each offense not less than $20 nor more than analysis of the number of claims brought under this
$50, to the person by whom or on whose account such paragraph, the portion of those claims that resulted
the entry was claimed, to be recovered in a civil action. in a settlement or award of benefits and the effect
of the provisions of this paragraph on costs to the
Sec. A-142. 38 MRSA §1104, sub-§2, ¶C, as State and its subdivisions. The Department of Ad-
enacted by PL 1981, c. 466, §3, is amended to read:
ministrative and Financial Services, Bureau of Hu-
C. The trustee against whom the recall petition is man Resources and the Department of Public
filed shall be is a candidate at the special election Safety shall assist the board in developing the re-
without nomination, unless he the trustee resigns ports, and the board shall seek the input of an asso-
within 10 days after the original filing of the peti- ciation the whose membership whose consists ex-
tion. There shall be no A primary may not be held. clusively of counties, municipalities and other po-
Candidates for the office may be nominated under litical or administrative subdivisions in the devel-
the usual procedure of nomination for a primary opment of the report.
election by filing nomination papers, not later than This paragraph is repealed October 1, 2025.
5 p.m., 4 weeks preceding the election and have
their names placed on the ballot at the special elec- Sec. A-144. 39-A MRSA §308, sub-§2, as en-
tion. acted by PL 1991, c. 885, Pt. A, §8 and affected by §§9
to 11, is amended to read:
Sec. A-143. 39-A MRSA §201, sub-§3-A,
¶B, as amended by PL 2021, c. 629, §2, is further 2. Employment status reports. At the previous
amended to read: employer's request, any person receiving compensation
B. The employee is a law enforcement officer, cor- under this Act who has not returned to that person's pre-
vious employment must submit quarterly employment
rections officer, E-9-1-1 dispatcher, firefighter or status reports to that employer. The report is due 90
emergency medical services person and is diag-
nosed by an allopathic physician or an osteopathic days after the date of injury, or after the filing of the
report under subsection 3 1, and every 90 days thereaf-
physician licensed under Title 32, chapter 48 or ter. The report must be in a form prescribed by the
chapter 36, respectively, with a specialization in
psychiatry or a psychologist licensed under Title board and must indicate whether the employee has been
employed, changed employment or performed any ser-
32, chapter 56 as having post-traumatic stress dis- vices for compensation during the previous 90 days, the
order that resulted from work stress, that the work
stress was extraordinary and unusual compared nature of the employment or services, the name and ad-
dress of the employer or person for whom the services
with that experienced by the average employee and were performed and any other information that the
the work stress and not some other source of stress
was the predominant cause of the post-traumatic board by rule may require. Any employer requesting a
quarterly report under this subsection must provide the
stress disorder, in which case the post-traumatic employee with the prescribed form at least 15 days prior
stress disorder is presumed to have arisen out of
and in the course of the worker's employment. This to the date on which it is due.
presumption may be rebutted by clear and convinc- Sec. A-145. PL 2019, c. 650, §20, amending
ing evidence to the contrary. For purposes of this clause is amended to read:
paragraph, "law enforcement officer," "corrections
officer," "firefighter" and "emergency medical ser-
Sec. 20. 29-A MRSA §2390, sub-§1, as
amended by PL 2017, c. 165, §10 and c. 229, §34, is
vices person" have the same meaning as in section
328‑A, subsection 1. For the purposes of this par- further amended by amending the first paragraph to
read:
agraph, "E-9-1-1 dispatcher" means a person who
receives calls made to the E-9-1-1 system and dis- Sec. A-146. PL 2021, c. 528, §10 is amended to
patches emergency services. "E-9-1-1 dispatcher" read:
686
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 405
Sec. 10. Maine Veterans' Homes; Caribou food distribution, general assistance, supplemental se-
and Machias locations. Notwithstanding any deci- curity income or any other income related program uti-
sion of the Board of Trustees of the Maine Veterans' lizing state-administered funds.
Homes prior to the effective date of this section, the Sec. C-2. 7 MRSA §412, sub-§2, as enacted
Maine Veterans' Homes located in Caribou and Ma-
chias may not be closed until the Board of Trustees of by PL 1977, c. 505, is amended to read:
the Maine Veterans' Homes submits a report under the 2. Practical information. Prepare practical infor-
Maine Revised Statutes, Title 37-B, section 611 that in- mation concerning the establishment and operation of
cludes a proposal to close those homes and the process various methods of direct-marketing, including promo-
required under Title 37-B, section 612 has been fol- tion, advertisement, management, food stamp Supple-
lowed. mental Nutrition Assistance Program purchases and li-
ability insurance;
Sec. A-147. PL 2021, c. 688, §3 is amended to
read: Sec. C-3. 19-A MRSA §2001, sub-§5, ¶G, as
Sec. 3. Staggered terms. Notwithstanding the enacted by PL 1995, c. 694, Pt. B, §2 and affected by
Pt. E, §2 and amended by PL 1997, c. 530, Pt. A, §34,
Maine Revised Statutes, Title 26, section 3702 3802, is further amended to read:
subsection 5, initial appointments to the Essential Sup-
port Workforce Advisory Committee must be staggered G. Gross income does not include the amount of
as follows: money received from means-tested public assis-
tance programs, including, but not limited to, Tem-
1. One member appointed by the President of the porary Assistance for Needy Families, supple-
Senate must be appointed for a one-year term; one
member must be appointed for a 2-year term; and 3 mental security income, food stamps the Supple-
mental Nutrition Assistance Program and general
members must be appointed for 3-year terms; and assistance.
2. One member appointed by the Speaker of the Sec. C-4. 19-A MRSA §2154, sub-§8, as en-
House must be appointed for a one-year term; one mem-
ber must be appointed for a 2-year term; and 3 members acted by PL 1997, c. 537, §39 and affected by §62, is
amended to read:
must be appointed for 3-year terms.
8. Use of new hire information. The department
PART B shall use the information it receives under this section
Sec. B-1. 14 MRSA §8813 is enacted to read: to locate persons and identify sources of income for pur-
poses of:
§8813. Recognition of judgments under prior law
A. Establishing, enforcing and modifying child
An action taken between August 8, 2022 and Janu- support obligations;
ary 1, 2023 to recognize a foreign judgment that would
have been valid under former chapter 753 is valid. For B. Collecting overpayments of public assistance
purposes of this section, "foreign judgment" has the and overissue of food stamps Supplemental Nutri-
same meaning as in former section 8502, subsection 2. tion Assistance Program benefits when benefits are
no longer being paid; and
Sec. B-2. 14 MRSA §8913 is enacted to read:
C. Determining eligibility and enforcing eligibility
§8913. Recognition of judgments under prior law
rules for cash assistance, food stamps Supple-
An action taken between August 8, 2022 and Janu- mental Nutrition Assistance Program benefits,
ary 1, 2023 to recognize a foreign judgment that would Medicaid and other benefit programs funded or ad-
have been valid under former chapter 753 is valid. For ministered by the department.
purposes of this section, "foreign judgment" has the
same meaning as in former section 8502, subsection 2. Sec. C-5. 22 MRSA §21, sub-§5, as enacted
by PL 1995, c. 675, §1, is repealed.
PART C Sec. C-6. 22 MRSA §21, sub-§10, as amended
Sec. C-1. 5 MRSA §1642, sub-§3, as repealed by PL 2017, c. 284, Pt. NNNNNNN, §4, is further
and replaced by PL 1985, c. 96 and amended by PL amended to read:
1997, c. 530, Pt. A, §34, is further amended to read:
10. Program. "Program" means the food stamps
3. Income supplementation programs. "Income SNAP or the Medicaid program or another program.
supplementation programs" means programs designed
to supplement the income of a person or family and in-
Sec. C-7. 22 MRSA §21, sub-§11, as amended
by PL 2017, c. 284, Pt. NNNNNNN, §4, is further
cludes Temporary Assistance for Needy Families, food
stamps the Supplemental Nutrition Assistance Program, amended to read:
687
PUBLIC LAW, C. 405 FIRST SPECIAL SESSION - 2023
11. Recipient. "Recipient" means a recipient of provider or member, Temporary Assistance for
benefits under the food stamp SNAP or the Medicaid Needy Families program or food stamp Supple-
programs program or another program. mental Nutrition Assistance Program recipient or
Sec. C-8. 22 MRSA §21, sub-§11-B is enacted the beneficiary or recipient of any other program
administered by the department.
to read:
11-B. Supplemental Nutrition Assistance Pro-
Sec. C-12. 22 MRSA §3811, sub-§4, as cor-
rected by RR 2015, c. 1, §22, is amended to read:
gram or SNAP. "Supplemental Nutrition Assistance
Program" or "SNAP" means the Supplemental Nutri- 4. Program benefits. "Program benefits" means
tion Assistance Program established pursuant to section money payments or food coupons issued by the depart-
3104. ment pursuant to an application for benefits made by an
individual to Aid to Families with Dependent Children
Sec. C-9. 22 MRSA §42, sub-§8, ¶A, as established in former chapter 1053, the food stamp pro-
amended by PL 2019, c. 343, Pt. YY, §2, is further
gram Supplemental Nutrition Assistance Program es-
amended to read: tablished in chapter 851 or the Temporary Assistance
A. The Office of MaineCare Services is authorized for Needy Families program established in chapter
to adopt rules that have retroactive application 1053‑B, or money payments or vouchers issued by a
when necessary to maximize available federal rev- municipal general assistance program established pur-
enue sources, specifically regarding the federal suant to chapter 1161, or payments for medical services
Medicaid program, or to conform to the state Med- issued by the department pursuant to the MaineCare
icaid plan as filed with the Federal Government. program established pursuant to chapter 855.
The Bureau of Family Independence is authorized Sec. C-13. 22 MRSA §3825, sub-§1, ¶C is
to adopt rules in the MaineCare program, Tempo-
rary Assistance for Needy Families program and enacted to read:
food stamp programs Supplemental Nutrition As- C. "SNAP" means the Supplemental Nutrition As-
sistance Program that have retroactive application sistance Program established under chapter 851.
to comply with federal requirements or to conform
to the state Medicaid plan as filed with the Federal
Sec. C-14. 22 MRSA §3825, sub-§2, as en-
acted by PL 2001, c. 551, §2, is amended to read:
Government.
2. TANF and food stamps SNAP. To the extent
Sec. C-10. 22 MRSA §42, sub-§8, ¶C, as en- allowable by federal law, a TANF or food stamp SNAP
acted by PL 2003, c. 612, §1, is amended to read:
overpayment may not be collected from a person who
C. For any benefits or services in the MaineCare was a minor dependent in the household at the time the
program, Temporary Assistance for Needy Fami- overpayment accrued.
lies program or food stamp programs Supplemental
Nutrition Assistance Program that beneficiaries Sec. C-15. 22 MRSA §5304, sub-§11, ¶C, as
enacted by PL 1973, c. 793, §12, is amended to read:
have received prior to the date of adoption of retro-
active rules adopted pursuant to this subsection, C. Any income maintenance, income supplement,
such rules may not reduce or otherwise negatively public assistance, general assistance, welfare, or
affect the reimbursement or other payments, bene- donated food program or food stamp program the
fits or services that those beneficiaries are entitled Supplemental Nutrition Assistance Program.
to have covered or paid under the previously appli-
cable rules. The reimbursement or other payments,
Sec. C-16. 26 MRSA §1191, sub-§9, ¶D, as
enacted by PL 1995, c. 554, §1, is amended to read:
benefits or services under the amended rules must
be equal to or greater than under the rules previ- D. Amounts may be deducted and withheld under
ously in effect. this subsection only after amounts are deducted and
withheld for any overpayments, child support obli-
Sec. C-11. 22 MRSA §42, sub-§8, ¶D, as en- gations, food stamp Supplemental Nutrition Assis-
acted by PL 2003, c. 612, §1, is amended to read:
tance Program overissues or any other amounts re-
D. This subsection does not give the department quired to be deducted and withheld under this chap-
the authority to adopt retroactively any rule that has ter.
an adverse financial impact on any MaineCare pro- PART D
vider or member, Temporary Assistance for Needy
Families program or food stamp Supplemental Nu- Sec. D-1. 35-A MRSA §307, as amended by PL
trition Assistance Program recipient or the benefi- 2023, c. 145, §1 and repealed and replaced by c. 168,
ciary or recipient of any other program adminis- §1, is repealed and the following enacted in its place:
tered by the department. Specific statutory author-
§307. Changes in schedules; notice; suspension; rate
ity is required for adoption of a retroactive rule that increase limit
has an adverse financial impact on any MaineCare
688
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 405
1. Definitions. As used in this section, unless the B. The commission determines that the party seek-
context otherwise indicates, the following terms have ing the extension would be unreasonably disadvan-
the following meanings. taged because of circumstances beyond that party's
A. "Final determination of the public utility's rev- control unless the extension were granted, as long
as the party prior to the request for extension had
enue requirement" means a decision by the com- prosecuted its case in good faith and with due dili-
mission on the merits of a public utility's request
after consideration of at least the public utility's di- gence.
rect case in support of its request. 4. General rate increase case limitation. A pub-
lic utility may not file a schedule for a general increase
B. "General increase in rates" means a change in a in rates pursuant to this section within one year of a
rate, toll or charge of a public utility, the effect of
which is to increase the annual operating revenue prior filing for a general increase in rates pursuant to
this section, unless the proceeding initiated by a prior
of the public utility by more than 1%. "General in- filing was terminated without a final determination of
crease in rates" does not include a rate change made
for the sole purpose of implementing a gas cost ad- the public utility's revenue requirement or with approval
of the commission. The limitation of this subsection
justment rate pursuant to section 4703 or a rate does not prevent a public utility, at any time, from noti-
change made for the sole purpose of implementing
an energy conservation adjustment rate pursuant to fying the commission in advance, either voluntarily or
in accordance with a commission requirement under
section 3154. this section, of plans by the public utility to file a gen-
2. Notice requirements. A public utility may not eral increase in rates.
change a schedule, including a schedule of joint rates,
unless the public utility provides notice to the commis- Nothing in this subsection may be construed to limit a
public utility's right, at any time, to petition pursuant to
sion 30 days prior to the time the changes are to take section 1322 for temporary rate relief.
effect. The public utility must indicate all proposed
changes on the schedule in effect at the time notice is 5. General rate increase notice requirement. A
provided. For good cause shown, the commission may public utility seeking a general increase in rates shall
allow changes after less than the notice specified in this send a notice of the increase to its customers by either
subsection or modify the requirements of this section first-class mail or the method by which the customer re-
and section 308 with respect to publishing, posting and ceives bills from the utility. The commission shall pre-
filing of a schedule, either in a particular instance or by pare the notice in consultation with the utility. If, after
rule applicable to a special circumstance or condition. the notice of the general increase in rates is sent, the
At the commission's discretion, the commission may re- utility seeks a rate increase greater than what was stated
in the notice, the utility shall promptly notify the com-
quire the information relating to changes described in mission. If the utility demonstrates good cause, the
this subsection to be filed in a general increase in rates
at the same time as the schedules are filed. The commis- commission may allow the utility to seek an increase
greater than what was stated in the notice subject to rea-
sion may require a public utility whose gross revenues sonable conditions established by the commission, in-
exceed $5,000,000 annually to notify the commission
not more than 2 months in advance of filing a general cluding, but not limited to, requiring the utility to send
a new notice to its customers describing the revised pro-
increase in rates under this section that a filing is posed increase.
planned and to disclose the approximate amount of the
increase and the approximate rate of return and include PART E
a general statement of the major issues that might be Sec. E-1. 15 MRSA §1026, sub-§3, ¶B-1, as
presented and the approximate rate of return the utility
would be seeking. enacted by PL 2021, c. 397, §4, is amended by amend-
ing subparagraph (2) to read:
3. Suspension pending investigation. Pending an
(2) That was committed against a family or
investigation and order pursuant to section 310, subsec- household member as defined in Title 19‑A,
tion 1, at any time within the period preceding the ef-
fective date of the schedule, the commission may sus- section 4002 4102, subsection 4 6, paragraphs
A to E or a dating partner as defined in Title
pend the operation of the schedule or any part of the 19‑A, section 4002 4102, subsection 3‑A 4;
schedule by filing with the schedule and delivering to
the public utility affected a statement of its reasons for Sec. E-2. 15 MRSA §1026, sub-§3, ¶B-1, as
the suspension. The suspension may not be for a period enacted by PL 2021, c. 397, §4, is amended by amend-
longer than 12 months from the effective date of the or- ing subparagraph (3) to read:
der of suspension unless:
(3) That is a violation of a condition of release
A. All parties agree to extend the suspension be- committed while the defendant is released on
yond 12 months; or bail for a charge that involves: a violation of
689
PUBLIC LAW, C. 406 FIRST SPECIAL SESSION - 2023
Title 17‑A, chapter 11; a crime against a fam- Sec. 2. New, temporary and seasonal em-
ily or household member as defined in Title ployees; similar and equitable treatment. The
19‑A, section 4002 4102, subsection 4 6, par- Governor is authorized to grant similar and equitable
agraphs A to E; or a crime against a dating treatment consistent with this Act for employees in clas-
partner as defined in Title 19‑A, section 4002 sifications included in bargaining units subject to col-
4102, subsection 3‑A 4; lective bargaining agreements described in section 5 of
Emergency clause. In view of the emergency this Act who are excluded from collective bargaining
pursuant to the Maine Revised Statutes, Title 26, sec-
cited in the preamble, this legislation takes effect when tion 979-A, subsection 6, paragraph F.
approved, except as otherwise indicated.
Effective July 10, 2023, unless otherwise indicated.
Sec. 3. Confidential employees; similar and
equitable treatment. The Governor is authorized to
grant similar and equitable treatment consistent with
CHAPTER 406 this Act for confidential employees. For the purposes
of this section, "confidential employees" means those
H.P. 1299 - L.D. 2017 employees within the executive branch, including pro-
bationary employees, who are in positions excluded
An Act to Fund Collective from collective bargaining units pursuant to the Maine
Bargaining Agreements with Revised Statutes, Title 26, section 979-A, subsection 6,
Executive Branch Employees paragraphs B, C, D, I and J.
Emergency preamble. Whereas, acts and re- Sec. 4. Employee salaries subject to Gover-
solves of the Legislature do not become effective until nor's adjustment or approval. The Governor is
90 days after adjournment unless enacted as emergen- authorized to grant similar and equitable treatment con-
cies; and sistent with this Act for those unclassified employees
whose salaries are subject to the Governor's adjustment
Whereas, certain obligations and expenses inci- or approval.
dent to the operation of state employee collective bar-
gaining agreements will become due and payable im- Sec. 5. Costs to General Fund and Highway
mediately; and Fund. Costs to the General Fund and Highway Fund
must be provided wholly or in part through a transfer of
Whereas, it is the responsibility of the Legislature Personal Services appropriations within and between
to act upon those portions of collective bargaining departments and agencies from the Salary Plan pro-
agreements negotiated by the executive branch that re- gram, General Fund account in the Department of Ad-
quire legislative action; and ministrative and Financial Services in an amount not to
Whereas, the Governor and the Legislature share exceed $99,000,000 in total for the fiscal years ending
a desire to address in a timely manner the needs of cer- June 30, 2024 and June 30, 2025 to implement the eco-
tain state employees excluded from collective bargain- nomic terms of the most recent collective bargaining
ing units; and agreements made from July 2023 to December 2023 by
the State and the American Federation of State, County
Whereas, in the judgment of the Legislature, and Municipal Employees, the Maine State Troopers
these facts create an emergency within the meaning of Association, the Maine State Law Enforcement Associ-
the Constitution of Maine and require the following leg- ation, the Maine Service Employees Association, the
islation as immediately necessary for the preservation Fraternal Order of Police and any other certified bar-
of the public peace, health and safety; now, therefore, gaining representative for an executive branch bargain-
Be it enacted by the People of the State of Maine ing unit, to provide equitable treatment of employees
as follows: excluded from collective bargaining pursuant to the
Maine Revised Statutes, Title 26, section 979-A, sub-
Sec. 1. Adjustment of salary schedules for section 6, paragraph F and, notwithstanding Title 26,
fiscal years 2023-24 and 2024-25. The salary section 979-D, subsection 1, paragraph E, subparagraph
schedules for the executive branch employees in bar- (3), to implement equitable adjustments for confidential
gaining units represented by the American Federation employees.
of State, County and Municipal Employees, the Maine
State Troopers Association, the Maine State Law En- Sec. 6. Transfer of Personal Services ap-
forcement Association, the Maine Service Employees propriations between programs and depart-
Association, the Fraternal Order of Police and any other ments; General Fund. Notwithstanding the Maine
certified bargaining representative for an executive Revised Statutes, Title 5, section 1585 or any other pro-
branch bargaining unit must be adjusted consistent with vision of law to the contrary, available balances in the
the terms of any agreements ratified by December 31, General Fund for Personal Services in fiscal year 2023-
2023. 24 and fiscal year 2024-25 may be transferred by finan-
cial order between programs and departments within the
690
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 407
General Fund upon recommendation of the State Emergency clause. In view of the emergency
Budget Officer and approval of the Governor to be used cited in the preamble, this legislation takes effect when
for costs associated with collective bargaining agree- approved.
ments for state employees. Effective July 10, 2023.
Sec. 7. Transfer from Salary Plan program
and special account funding. The Salary Plan pro-
gram, General Fund account in the Department of Ad- CHAPTER 407
ministrative and Financial Services may be made avail- S.P. 843 - L.D. 2019
able as needed in allotment by financial order upon the
recommendation of the State Budget Officer and ap- An Act to Authorize Funding
proval of the Governor to be used for the implementa- for Collective Bargaining
tion of the collective bargaining agreements for state
employees and for other economic items contained in Agreements with Certain
this Act in fiscal year 2023-24 and fiscal year 2024-25. Judicial Department
Positions supported from sources of funding other than Employees
the General Fund and the Highway Fund must be Emergency preamble. Whereas, acts and re-
funded from those other sources. solves of the Legislature do not become effective until
Sec. 8. Transfer of Personal Services allo- 90 days after adjournment unless enacted as emergen-
cations between programs and departments; cies; and
Highway Fund. Notwithstanding the Maine Revised Whereas, the Judicial Department has negotiated
Statutes, Title 5, section 1585 or any other provision of collective bargaining agreements with the 4 bargaining
law to the contrary, available balances in the Highway units representing Judicial Department employees; and
Fund for Personal Services in fiscal year 2023-24 and
fiscal year 2024-25 may be transferred by financial or- Whereas, this legislation authorizes funding of
der between programs and departments within the any agreements ratified by December 31, 2023; and
Highway Fund upon recommendation of the State Whereas, it is the responsibility of the Legislature
Budget Officer and approval of the Governor to be used to act upon those portions of collective bargaining
for costs associated with collective bargaining agree- agreements negotiated by the judicial branch that re-
ments for state employees. quire legislative action; and
Sec. 9. Authorization for reimbursement of Whereas, the judicial branch and the Legislature
costs associated with comprehensive review of share a desire to address in a timely manner the needs
classification and compensation system. The De- of certain state employees excluded from collective bar-
partment of Administrative and Financial Services may gaining units; and
be reimbursed up to $1,200,000 from the Salary Plan
program, General Fund account in the Department of Whereas, in the judgment of the Legislature,
Administrative and Financial Services for additional re- these facts create an emergency within the meaning of
sources necessary to finalize the efforts of the ongoing the Constitution of Maine and require the following leg-
comprehensive review of the classification and com- islation as immediately necessary for the preservation
pensation system for employees of the executive branch of the public peace, health and safety; now, therefore,
of State Government and to conduct a market pay study Be it enacted by the People of the State of Maine
that compares the salaries of state employees with em- as follows:
ployees performing comparable work for a sampling of
private and public employees in the State, other New Sec. 1. Adjustment of salary schedules for
England states and other states as appropriate by Sep- fiscal years 2023-24 and 2024-25. The salaries and
tember 30, 2024. stipends for the Judicial Department employees in the
administrative services bargaining unit, the supervisory
Sec. 10. Authorization for reimbursement services bargaining unit, the law enforcement bargain-
of costs associated with contract resolution. The ing unit and the professional services bargaining unit
Department of Administrative and Financial Services must be adjusted consistent with the terms of any agree-
may be reimbursed from the Salary Plan program, Gen- ments ratified by December 31, 2023.
eral Fund account in the Department of Administrative
and Financial Services for the costs of contract resolu- Sec. 2. Other employees; similar and equi-
tion, administration and implementation and other costs table treatment. The State Court Administrator is
required by the process of collective bargaining and ne- authorized to grant similar and equitable treatment con-
gotiation procedures. sistent with this Act for employees of the Judicial De-
partment who are excluded from collective bargaining
pursuant to the Maine Revised Statutes, Title 26, sec-
tion 1282, subsection 5, paragraphs C, D, E and F.
691
PUBLIC LAW, C. 408 FIRST SPECIAL SESSION - 2023
Sec. 3. Costs to General Fund. Costs to the 51-A. Specified event. "Specified event" means
General Fund must be provided in the Salary Plan pro- an event that occurs outside the licensed premises of a
gram, General Fund account in the Department of Ad- cannabis store that is not conducted primarily for the
ministrative and Financial Services in an amount up to benefit or enjoyment of individuals under 21 years of
$2,957,670.02 for the fiscal year ending June 30, 2024 age and that is not more than 10 consecutive days in
and in an amount up to $4,362,810.90 for the fiscal year duration or 10 occurrences in duration. For purposes of
ending June 30, 2025 to implement the economic terms this subsection, "occurrence" means an event that is less
of the collective bargaining agreements made between than 24 hours in duration and that occurs during the
the Judicial Department and the Maine Service Employ- same calendar year as another occurrence.
ees Association for the administrative services bargain- Sec. 3. 28-B MRSA §102, sub-§51-B is en-
ing unit, the supervisory services bargaining unit and
the professional services bargaining unit; made between acted to read:
the Judicial Department and the Maine State Law En- 51-B. Specified event permit. "Specified event
forcement Association for the law enforcement bargain- permit" means a temporary authorization for a cannabis
ing unit; and for the costs of those Judicial Department store to conduct sales of adult use cannabis and adult
employees referred to in section 2 who are excluded use cannabis products on the permitted premises for a
from collective bargaining pursuant to the Maine Re- specified event in accordance with section 504-A.
vised Statutes, Title 26, section 1282, subsection 5, par-
agraphs C, D, E and F.
Sec. 4. 28-B MRSA §504, sub-§3, as enacted
by PL 2017, c. 409, Pt. A, §6 and amended by PL 2021,
Sec. 4. Contingent effective date. This Act c. 669, §5, is further amended to read:
takes effect only upon the ratification by December 31,
2023 of collective bargaining agreements made be- 3. Compliance with packaging, labeling and
health and safety requirements. All adult use canna-
tween the Judicial Department and the Maine Service bis and adult use cannabis products sold or offered for
Employees Association for the administrative services
bargaining unit, the supervisory services bargaining sale at by a cannabis store must meet all applicable
packaging, labeling and health and safety requirements
unit and the professional services bargaining unit and of subchapter 7 and the rules adopted under subchapter
between the Judicial Department and the Maine State
Law Enforcement Association for the law enforcement 7.
bargaining unit. Sec. 5. 28-B MRSA §504-A, as amended by PL
2021, c. 759, Pt. C, §2 and c. 669, §5, is further amended
Emergency clause. In view of the emergency by amending the section headnote to read:
cited in the preamble, this legislation takes effect when
approved. §504-A. Off-premises Specified event sales
Effective July 10, 2023, unless otherwise indicated. Sec. 6. 28-B MRSA §504-A, first ¶, as enacted
by PL 2021, c. 735, §1 and amended by c. 669, §5, is
further amended to read:
CHAPTER 408
Notwithstanding any provision of law to the con-
S.P. 102 - L.D. 202 trary, the department may shall issue a specified event
permit to a cannabis store to sell adult use cannabis and
An Act to Clarify the adult use cannabis products at on the permitted prem-
Requirements for Adult Use ises for a specified event located outside the licensed
Cannabis Stores to Transact premises in accordance with the requirements of this
Sales at Specified Events section. Transportation of adult use cannabis and adult
use cannabis products between the licensed premises
Be it enacted by the People of the State of Maine and the permitted premises for a specified event is sub-
as follows: ject to the requirements of section 505. A cannabis store
Sec. 1. 28-B MRSA §102, sub-§39-A is en- authorized to sell adult use cannabis and adult use can-
acted to read: nabis products under this section is subject to the provi-
sions of section 504.
39-A. Permitted premises for a specified event.
"Permitted premises for a specified event" means the Sec. 7. 28-B MRSA §504-A, sub-§1, as en-
premises described in a specified event permit issued to acted by PL 2021, c. 735, §1 and amended by c. 669,
a cannabis store pursuant to section 504-A where a can- §5, is further amended to read:
nabis store is authorized to sell adult use cannabis and 1. Permit application. At least 30 days prior to a
adult use cannabis products. specified event, a cannabis store seeking authorization
Sec. 2. 28-B MRSA §102, sub-§51-A is en- to sell adult use cannabis and adult use cannabis prod-
acted to read: ucts at the a specified event shall submit a permit appli-
692
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 408
cation, on a form issued by the department, and a non- of municipal approval required under subsection 1, par-
refundable $200 permit application fee to the depart- agraph A must be in a form approved by a municipal
ment. The application must include or be appended official or the municipal legislative body of the munic-
with: ipality where the specified event will occur. As used in
this subsection, "municipal official" and "municipal
A. Proof of approval, in accordance with subsec- legislative body" have the same meanings as in Title
tion 2, from the municipality in which where the
specified event is located as described in subsec- 30-A, section 2001. Local authorization for the opera-
tion of a cannabis establishment within a municipality,
tion 2 will occur to sell adult use cannabis or adult pursuant to section 401, is not required for a municipal-
use cannabis products at the specified event;
ity to approve a specified event permit.
B. A The location and description of the specified
event, including the date of the event, the date the Sec. 10. 28-B MRSA §504-A, sub-§3, as en-
acted by PL 2021, c. 735, §1 and amended by c. 669,
cannabis store intends to sell adult use cannabis and §5, is further amended to read:
adult use cannabis products and the name and de-
scription of the organization sponsoring the event; 3. Limitations on off-premises sales. A cannabis
and store issued a specified event permit under this section
may sell adult use cannabis and adult use cannabis prod-
C. If the specified event is being held on private ucts at a specified event only as authorized under the
property, the written permission of the property
owner for the cannabis store licensee to sell adult permit. A specified event permit issued by the depart-
ment under this section for a specified event may not
use cannabis and adult use cannabis products on the authorize:
property.;
A. Sales at the specified event for a period greater
D. A description of the adult use cannabis and
adult use cannabis products the cannabis store in- than the duration of the event;
tends to sell at the specified event; B. Sales anywhere other than on the permitted
premises for the specified event; or
E. The number of cannabis store employees re-
quired to work at the specified event; C. The consumption of adult use cannabis or adult
use cannabis products at the location of sale at on
F. A diagram and description of the permitted
premises for the specified event; and the permitted premises for the specified event; or.
G. As applicable, a diagram and description of the D. Sales of adult use cannabis products that are
consumed by smoking. For the purposes of this
security measures the cannabis store intends to im- paragraph, "smoking" has the same meaning as in
plement on the permitted premises for the specified
event to prevent unauthorized access to adult use Title 22, section 1541, subsection 6.
cannabis and adult use cannabis products, includ- Sec. 11. 28-B MRSA §504-A, sub-§4, as en-
ing access by persons under 21 years of age. acted by PL 2021, c. 735, §1 and amended by c. 669,
§5, is further amended to read:
Sec. 8. 28-B MRSA §504-A, sub-§1-A is en-
acted to read: 4. Conditions. Sales of adult use cannabis and
1-A. Permit issuance. Within 14 calendar days of adult use cannabis products under a specified event per-
mit issued under this section are subject to the following
receipt of a permit application that meets the require- conditions.
ments of subsection 1, the department shall review the
application and issue a specified event permit to the A. A cannabis store authorized to sell adult use
cannabis store or deny the application for good cause in cannabis products at a specified event held out-
accordance with section 206, subsection 2. doors shall transact conduct all sales in a tent or
similar structure with a single point of entry that
Sec. 9. 28-B MRSA §504-A, sub-§2, as en- requires entry into the tent or structure in order to
acted by PL 2021, c. 735, §1 and amended by c. 669,
view or purchase adult use cannabis or adult use
§5, is repealed and the following enacted in its place: cannabis products.
2. Municipal approval. At least 45 days prior to B. A cannabis store may not allow a person under
a specified event, a cannabis store shall submit a request
for municipal approval to the municipality where the 21 years of age to enter a tent or structure in which
sales are conducted and shall verify that a person
specified event will occur. The cannabis store shall in- entering the tent or structure is at least 21 years of
clude in the request the information required under sub-
section 1, paragraphs B to G and any other information age in the same manner as required under section
504, subsection 4.
or fee required by the municipality. The municipality
may restrict the sale of certain adult use cannabis or C. A cannabis store shall provide signs notifying
adult use cannabis products at the specified event. Proof customers that adult use cannabis and adult use
693
PUBLIC LAW, C. 409 FIRST SPECIAL SESSION - 2023
cannabis products may not be consumed at the lo- A licensee and its employees may transport adult
cation of sale at on the permitted premises of the use cannabis and adult use cannabis products between
specified event. the licensed premises of the licensee and:
D. A cannabis store shall ensure that all adult use 1. Other licensed premises. The licensed prem-
cannabis and adult use cannabis products are se- ises of any other cannabis establishment;
cured when not under the direct control and super-
vision of the licensee cannabis store or an the can- 2. Delivery location. The location of a delivery in
accordance with section 504, subsection 9; and
nabis store's employee of the licensee.
3. Permitted premises. The permitted premises
E. A cannabis store shall record all sales conducted for a specified event in accordance with section 504-A.
at the specified event using a video recording de-
vice in a manner that captures, to the extent practi- All transportation of adult use cannabis and adult
cable, only the individual making the purchase. use cannabis products must be documented by the licen-
The recording must be retained by the cannabis see or an employee of the licensee in accordance with
store in a manner prescribed by the department by rules adopted by the department.
rule for 45 days, and the cannabis store shall make See title page for effective date.
it available for inspection at the department's re-
quest.
Sec. 12. 28-B MRSA §504-A, sub-§5, as en- CHAPTER 409
acted by PL 2021, c. 735, §1 and amended by c. 669, H.P. 932 - L.D. 1436
§5, is further amended to read:
5. Guidance. The department shall develop and An Act to Provide Remedies
publish on a publicly accessible website guidance doc- for Survivors of Commercial
uments to assist cannabis stores in applying for and Sexual Exploitation
complying with permits a specified event permit under
this section and lawfully engaging in the off-premises Be it enacted by the People of the State of Maine
sale of adult use cannabis products to establish best as follows:
practices for conducting sales of adult use cannabis and Sec. 1. 15 MRSA §2262, first ¶, as enacted by
adult use cannabis products at a specified event. PL 2021, c. 674, §1, is amended to read:
Sec. 13. 28-B MRSA §504-A, sub-§5-A is en- Criminal Except as provided in section 2262-A,
acted to read: criminal history record information relating to a specific
5-A. Suspension or revocation. On the depart- criminal conviction may be sealed under this chapter
ment's own initiative or upon complaint and after inves- only if:
tigation, the department, by written order, may for good Sec. 2. 15 MRSA §2262-A is enacted to read:
cause as described in section 206, subsection 2 suspend
or revoke a specified event permit issued to a cannabis §2262-A. Special statutory prerequisites for sealing
store. The department shall revoke a specified event criminal history record information related
permit if: to engaging in prostitution
A. Municipal approval granted in accordance with Criminal history record information relating to a
subsection 2 is revoked by the municipality; or criminal conviction for engaging in prostitution under
Title 17-A, former section 853-A must be sealed under
B. As applicable, the owner of the property where this chapter if:
the specified event will occur revokes the property
owner's written permission required under subsec- 1. Eligible criminal conviction. The criminal
tion 1, paragraph C. conviction is an eligible criminal conviction;
Sec. 14. 28-B MRSA §504-A, sub-§6, as en- 2. Time since sentence fully satisfied. At least
acted by PL 2021, c. 735, §1 and amended by c. 669, one year has passed since the person has fully satisfied
§5, is repealed. each of the sentencing alternatives imposed under Title
17-A, section 1502, subsection 2 for the eligible crimi-
Sec. 15. 28-B MRSA §504-A, sub-§7, as en- nal conviction; and
acted by PL 2021, c. 759, Pt. C, §2, is repealed.
3. Other convictions. The person has not been
Sec. 16. 28-B MRSA §505, as amended by PL convicted of a violation of Title 17-A, section 852, 853,
2021, c. 667, §5; c. 669, §5; and c. 759, Pt. C, §3, is 853-B or 855 or for engaging in substantially similar
repealed and the following enacted in its place: conduct in another jurisdiction.
§505. Transportation of adult use cannabis and Sec. 3. 15 MRSA §2263, as enacted by PL
adult use cannabis products 2021, c. 674, §1, is amended to read:
694
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 410
§2263. Motion; persons who may file committee of the Legislature having jurisdiction over
health data reporting and health insurance matters. The
A person may file a written motion seeking a court joint standing committee may report out legislation
order sealing the person's criminal history record infor-
mation relating to a specific criminal conviction in the based on the report to a first regular or second regular
session of the Legislature, depending on the year in
underlying criminal proceeding based on a court deter- which the report is submitted.
mination that the person satisfies the statutory prerequi-
sites specified in section 2262 or 2262-A. The written For the purposes of this subsection, unless the context
motion must briefly address each of the statutory pre- otherwise indicates, the following terms have the fol-
requisites. lowing meanings.
Sec. 4. 15 MRSA §2264, sub-§5, as enacted by A. "Facility fee" means any fee charged or billed
PL 2021, c. 674, §1, is amended to read: by a health care provider for outpatient services
5. Hearing; order; written findings. The court provided in a hospital-based facility or freestanding
emergency facility that is intended to compensate
shall hold a hearing on a motion filed under this section. the health care provider for the operational ex-
At the conclusion of the hearing, if the court determines
that the person who filed the motion has established by penses of the health care provider, separate and dis-
tinct from a professional fee, and charged or billed
a preponderance of the evidence each of the statutory regardless of how a health care service is provided.
prerequisites specified in section 2262 or 2262-A, the
court shall grant the motion and shall issue a written or- B. "Health care provider" means a person, whether
der sealing the criminal history record information of for profit or nonprofit, that furnishes bills or is paid
the eligible criminal conviction that was the subject of for health care service delivery in the normal
the motion. If, at the conclusion of the hearing, the course of business. "Health care provider" in-
court determines that the person has not established one cludes, but is not limited to, a health system, hospi-
or more of the statutory prerequisites specified in sec- tal, hospital-based facility, freestanding emergency
tion 2262 or 2262-A, the court shall issue a written or- facility or urgent care clinic.
der denying the motion. The order must contain written Sec. 2. Task force established. The Task Force
findings of fact supporting the court's determination. A
copy of the court's written order must be provided to the to Evaluate the Impact of Facility Fees on Patients, re-
ferred to in this section as "the task force," is established
person and the prosecutorial office that represented the as follows.
State pursuant to subsection 3.
1. Appointments; composition. Notwithstanding
See title page for effective date.
Joint Rule 353, the task force consists of 8 voting mem-
bers and 2 ex officio nonvoting members as follows:
CHAPTER 410 A. Four members must be appointed by the Presi-
S.P. 720 - L.D. 1795 dent of the Senate as follows:
(1) One member of the Senate;
An Act to Create Greater
Transparency for Facility Fees (2) One member representing a statewide or-
ganization supporting the interests of health
Charged by Health Care care consumers;
Providers and to Establish the
Task Force to Evaluate the (3) One member representing the interests of
Impact of Facility Fees on health insurance carriers; and
Patients (4) One member with expertise, knowledge
Be it enacted by the People of the State of Maine and background in health care policy;
as follows: B. Four members must be appointed by the Speaker
Sec. 1. 22 MRSA §8712, sub-§2-A is enacted of the House of Representatives as follows:
to read: (1) One member of the House of Representa-
2-A. Facility fees charged by health care pro- tives;
viders. By January 1, 2024, and annually thereafter, the (2) One member representing a statewide or-
organization shall produce and post on its publicly ac- ganization of retired persons;
cessible website a report on the payments for facility
fees made by payors to the extent that payment infor- (3) One member representing a statewide or-
mation is already reported to the organization. The or- ganization of hospitals; and
ganization shall submit the report required by this sub- (4) One member representing a hospital in the
section to the Office of Affordable Health Care estab- State; and
lished in Title 5, section 3122 and the joint standing
695
PUBLIC LAW, C. 411 FIRST SPECIAL SESSION - 2023
C. Two ex officio nonvoting members as follows: necessary expenses and, upon a demonstration of finan-
cial hardship, a per diem equal to the legislative per
(1) The Director of the Office of MaineCare diem for their attendance at authorized meetings of the
Services within the Department of Health and
Human Services or the director's designee; and task force.
(2) The Director of the Office of Affordable 6. Quorum. A quorum is a majority of the voting
members of the task force, including those members in-
Health Care or the director's designee. vited to participate who have accepted the invitation to
2. Chairs. The member of the Senate is the Senate participate.
chair and the member of the House of Representatives
is the House chair of the task force. Notwithstanding 7. Staffing. The Legislative Council shall provide
staff support for the task force. To the extent needed
Joint Rule 353, the chairs may appoint, as nonvoting when the Legislature is in session, the Legislative
members, individuals with expertise in health care pol-
icy, health care financing or health care delivery. Any Council may contract for such staff support if sufficient
funding is available.
additional members appointed pursuant to this subsec-
tion are not entitled to compensation or reimbursement 8. Consultants; additional staff assistance. The
under subsection 5. task force may solicit the services of one or more out-
3. Appointments; convening. All appointments side consultants to assist the task force to the extent re-
sources are available. Upon request, the Office of Af-
must be made no later than 30 days following the effec- fordable Health Care, the Department of Health and Hu-
tive date of this Act. The appointing authorities shall
notify the Executive Director of the Legislative Council man Services, the Department of Professional and Fi-
nancial Regulation, Bureau of Insurance and the Maine
once all appointments have been completed. After ap- Health Data Organization shall provide additional staff-
pointment of all members, the chairs shall call and con-
vene the first meeting of the task force. If 30 days or ing assistance to the task force to ensure the task force
has the information necessary to fulfill their duties un-
more after the effective date of this Act a majority of der this section.
but not all appointments have been made, the chairs
may request authority and the Legislative Council may 9. Reports. The task force shall submit a report no
grant authority for the task force to meet and conduct its later than December 6, 2023 that includes its findings
business. and recommendations, including suggested legislation,
to the Joint Standing Committee on Health Coverage,
4. Duties. The task force shall:
Insurance and Financial Services and the committee
A. Review the industry practices for charging facil- may report out a bill based on the report to the Second
ity fees, uses of the funds received as facility fees Regular Session of the 131st Legislature.
and impacts on patients of paying facility fees 10. Additional funding; sources. The task force
charged by health care providers;
may apply for and receive funds, grants or contracts
B. Review federal transparency requirements for from public and private sources to support its activities
hospitals and health insurance carriers regarding under this section.
cost of treatment, identify any gaps or redundancies 11. Definition. For purposes of this section, "facil-
between state laws and federal laws and identify
any problems with enforcement of those laws; ity fees" and "healthcare provider" have the same mean-
ings as in the Maine Revised Statutes, Title 22, section
C. Consider efforts in other states and by national 8712, subsection 2-A.
organizations related to regulation of, or minimiza- See title page for effective date.
tion of, facility fees and the potential effects such
efforts might have on health care costs in this State;
and CHAPTER 411
D. Make recommendations for changes in laws or S.P. 815 - L.D. 1986
rules regarding facility fees and medical cost trans-
parency based on the information examined under An Act Relating to Net Energy
this subsection. Billing and Distributed Solar
5. Compensation. The legislative members of the and Energy Storage Systems
task force are entitled to receive the legislative per diem,
as set out in the Maine Revised Statutes, Title 3, section Be it enacted by the People of the State of Maine
2, and reimbursement for travel and other necessary ex- as follows:
penses related to their attendance at authorized meet- Sec. 1. 2 MRSA §9, sub-§6-A is enacted to
ings of the task force. Public members not otherwise read:
compensated by their employers or other entities that
they represent are entitled to receive reimbursement of
696
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 411
6-A. Distributed Solar and Energy Storage Pro- 9. Applicability to projects between one mega-
gram. The Distributed Solar and Energy Storage Pro- watt and 2 megawatts. A distributed generation re-
gram, referred to in this subsection as "the program," is source with a nameplate capacity of at least one mega-
established to provide funding to foster the continued watt and not more than 2 megawatts may be used for
growth of cost-effective distributed solar facilities and net energy billing under this section only if the require-
energy storage systems in this State. The office, as ments of paragraph A are met.
funding allows, shall develop the program no later than A. On or before December 31, 2024, the proposed
July 1, 2024.
distributed generation resource must reach com-
A. As used in this subsection, the following terms mercial operation by the date specified in the net
have the following meanings. energy billing agreement or by the date specified
(1) "Distributed solar facility" means a solar with an allowable modification to that agreement.
generating facility interconnected to a trans- An entity proposing the development of a distributed
mission and distribution utility as defined in generation resource that does not meet the requirement
Title 35-A, section 102, subsection 20-B. of this subsection may petition the commission for a
(2) "Energy storage system" has the same good-cause exemption due to external delays outside of
the entity's control, which the commission may grant if
meaning as in Title 35-A, section 3481, sub- it finds that without the external delays the entity could
section 6.
reasonably have been expected to meet the requirement.
B. The program must be designed to obtain and
provide available federal funds to support cost- Sec. 3. 35-A MRSA §3209-B, sub-§7, as en-
acted by PL 2021, c. 390, §2, is amended to read:
effective distributed solar facilities and energy stor-
age systems. The office shall consult with the Pub- 7. Applicability. The applicability of this section
lic Utilities Commission in developing and admin- is limited by the requirements of section 3209‑A, sub-
istering the program. section 7 and subsection 9.
C. In order to support the office's activities in ad- Sec. 4. 35-A MRSA §3209-B, sub-§8 is en-
ministering the program, the office may request acted to read:
funds from the Public Utilities Commission for the
8. Limitation. After December 31, 2023, a dis-
office's administrative costs, which may include, tributed generation resource may be used for net energy
but are not limited to, costs associated with hiring
consultants and office personnel and contracting billing under this section only if the distributed genera-
tion resource is collocated with all of the distributed
for technical analysis. Notwithstanding Title 35-A, generation resource's net energy billing customers and
section 117, if the office requests funding in
accordance with this paragraph, the commission those customers are subscribed to 100% of the facility's
output under this section. This limitation does not apply
may provide funding, to the extent available, from to a distributed generation resource with a net energy
the Public Utilities Commission Reimbursement
Fund under section 117. If the Public Utilities billing agreement that was executed on or before De-
cember 31, 2023. An amendment, revision or reis-
Commission Reimbursement Fund does not have suance of an agreement under this subsection that oc-
sufficient funding, notwithstanding Title 35-A,
section 116, subsection 4, the commission may curs after December 31, 2023 may not be interpreted to
affect the date on which the agreement was initially ex-
provide funding from the Public Utilities Commis- ecuted.
sion Regulatory Fund in accordance with this par-
agraph. Sec. 5. 35-A MRSA §3209-C is enacted to
D. The office shall apply for available federal funds read:
to fund the program, including, but not limited to, §3209-C. Net energy billing cost recovery
funds from the United States Environmental Pro-
tection Agency's Greenhouse Gas Reduction Fund The commission shall ensure that benefits of dis-
tributed generation under net energy billing are reported
under 42 United States Code, Section 7434. Noth- and net energy billing costs are allocated in accordance
ing in this paragraph limits other uses of federal
funds received by the office consistent with appli- with this section.
cable federal requirements. 1. Definitions. As used in this section, unless the
context otherwise indicates, the following terms have
E. Except as provided in paragraph C, ratepayer the following meanings.
funds may not be used to implement the program
or to provide funding under the program to distrib- A. "Benefits of distributed generation under net en-
uted solar facilities or energy storage systems. ergy billing" means all benefits determined by the
commission to be reasonably attributable to distrib-
Sec. 2. 35-A MRSA §3209-A, sub-§9 is en- uted generation projects under section 3209-A and
acted to read:
3209-B, including but not limited to:
697
PUBLIC LAW, C. 411 FIRST SPECIAL SESSION - 2023
(1) Avoided energy and capacity costs. In de- gional information in the regional study or infor-
termining avoided energy and capacity costs, mation from other sources supported by evidence
the commission shall use reasonable estimates in the commission's record.
of energy and capacity market prices and ac- B. The commission shall allocate to each investor-
count for transmission and distribution line
losses. The commission may determine differ- owned transmission and distribution utility its pro
rata share of net energy billing costs. If the com-
ent avoided costs for different time periods, in- mission finds that a benefit of distributed genera-
cluding, but not limited to, peak and off-peak
periods and summer and winter periods; tion under net energy billing provides a monetized
net financial benefit to an investor-owned transmis-
(2) Avoided transmission and distribution sion and distribution utility that the commission
costs. In determining avoided transmission does not otherwise account for when setting rates
and distribution costs, the commission shall for the utility, the net financial benefit must be ap-
use estimates of the marginal transmission and plied to offset the net energy billing costs allocated
distribution costs and may determine different under this paragraph. The allocation must be based
avoided costs for different time periods; on each utility's total retail kilowatt-hour energy
sales to ratepayers that pay net energy billing costs.
(3) Avoided fossil fuel costs. The commission
shall determine avoided fossil fuel costs based The commission may determine the means to be
used for the allocation required under this subsec-
on estimated reductions in oil, gas or other fos- tion, and those means may include the direct trans-
sil fuel use and estimated market prices for
these fuels; fer of funds between transmission and distribution
utilities.
(4) Avoided transmission and distribution line
3. Reporting of costs and benefits. The commis-
losses; sion shall submit an annual report no later than March
(5) Demand reduction induced price effects; 31st to the joint standing committee of the Legislature
having jurisdiction over utilities matters describing net
(6) Transmission and distribution plant exten- energy billing costs and benefits of distributed genera-
sions or upgrades funded by net energy billing
customers; and tion under net energy billing determined by the com-
mission under subsection 2. The report must include,
(7) Any other benefits identified by the com- but is not limited to, costs authorized to be collected by
mission. transmission and distribution utilities in rates and bene-
fits directly received by ratepayers. The commission
B. "Net energy billing" means net energy billing ar- shall distinguish costs and benefits that are monetized
rangements under section 3209-A or 3209-B.
from costs and benefits that are not monetized. If costs
C. "Net energy billing costs" means all legitimate or benefits are monetized, the commission shall specify
and verifiable costs incurred by a transmission and the entities to which the monetized value accrues, which
distribution utility directly attributable to net en- may include, but are not limited to, electricity custom-
ergy billing. "Net energy billing costs" does not ers, electricity supply providers and transmission and
include any costs incurred by a project sponsor as distribution utilities.
defined in section 3209-A, subsection 1, paragraph 4. Rules. The commission shall adopt rules neces-
D, a net energy billing customer or any other entity,
as determined by the commission by rule. sary to implement this section. Rules adopted by the
commission under this subsection are routine technical
2. Determination of costs and benefits. The com- rules as defined in Title 5, chapter 375, subchapter 2-A.
mission annually shall determine the net energy billing Sec. 6. 35-A MRSA §3209-D is enacted to
costs and benefits of distributed generation under net
energy billing for the previous year. read:
698
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 411
699
PUBLIC LAW, C. 411 FIRST SPECIAL SESSION - 2023
3. Rules. The commission may adopt rules to im- Sec. 12. Appropriations and alloca-
plement this section. Rules adopted pursuant to this sub- tions. The following appropriations and allocations
section are routine technical rules as defined in Title 5, are made.
chapter 375, subchapter 2‑A. EXECUTIVE DEPARTMENT
Sec. 8. 35-A MRSA §3210-G, sub-§3, as en- Distributed Solar and Energy Storage Program
acted by PL 2019, c. 477, §2, is amended to read:
N470
3. Report. No later than March 31, 2023 and bi-
ennially thereafter, the commission shall submit a re- Initiative: Provides allocations to establish the program.
port regarding the status of contracts for Class IA re- OTHER SPECIAL 2023-24 2024-25
sources under this section and the status of contracts for REVENUE FUNDS
energy or renewable energy credits from distributed All Other $500 $500
generation resources under section 3209-D to the joint __________ __________
standing committee of the Legislature having jurisdic- OTHER SPECIAL REVENUE $500 $500
FUNDS TOTAL
tion over utilities and energy matters. The report must
include, but is not limited to, a description of Class IA EXECUTIVE
resources participating in competitive solicitations, in- DEPARTMENT
formation about the resources selected for contracts and DEPARTMENT TOTALS 2023-24 2024-25
the selection process, the benefits and costs of the con-
tracts and recommendations about how to further stim- OTHER SPECIAL $500 $500
ulate investment in Class IA resources or achieve rate- REVENUE FUNDS
payer benefits from Class IA resources. The report may __________ __________
include information about benefits and costs of the con- DEPARTMENT TOTAL - $500 $500
tracts to the State's economy, environmental quality or ALL FUNDS
electricity consumers over both the short and long PUBLIC UTILITIES COMMISSION
terms. Any analysis of the benefits or costs of the con-
tracts must be based on a forecast of all avoided costs Public Utilities - Administrative Division 0184
resulting from the contracts that is transparent and bal- Initiative: Provides allocations for expenditures related
anced over the long term. to contracted services.
Sec. 9. Interconnection of energy storage. In OTHER SPECIAL 2023-24 2024-25
developing rules governing the interconnection of re- REVENUE FUNDS
newable resources and energy storage pursuant to the All Other $0 $252,553
Maine Revised Statutes, Title 35-A, section 3474, sub- __________ __________
section 3, the Public Utilities Commission shall con- OTHER SPECIAL REVENUE $0 $252,553
sider whether modification of an interconnection appli- FUNDS TOTAL
cation for the sole purpose of adding an energy storage
system should materially impact the position of the PUBLIC UTILITIES
project in an interconnection queue. COMMISSION
DEPARTMENT TOTALS 2023-24 2024-25
Sec. 10. Cost management report. By March
31, 2024, the Public Utilities Commission shall submit OTHER SPECIAL $0 $252,553
a report to the Joint Standing Committee on Energy, REVENUE FUNDS
Utilities and Technology regarding the proceedings and __________ __________
any actions taken under the Maine Revised Statutes, Ti- DEPARTMENT TOTAL - $0 $252,553
tle 35-A, section 3209-E. ALL FUNDS
Sec. 11. Distributed Solar and Energy Stor- SECTION TOTALS 2023-24 2024-25
age Program design. In developing the Distributed
Solar and Energy Storage Program under the Maine Re- OTHER SPECIAL $500 $253,053
vised Statutes, Title 2, section 9, subsection 6-A, the REVENUE FUNDS
Governor's Energy Office shall ensure that the program __________ __________
is designed to address the recommendations contained SECTION TOTAL - ALL $500 $253,053
FUNDS
in the Final Report of the Distributed Generation Stake-
holder Group dated January 6, 2023 and submitted by See title page for effective date.
the office to the Joint Standing Committee on Energy,
Utilities and Technology pursuant to Public Law 2021,
chapter 390, section 4.
700
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
701
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
__________ __________ plan every 10 years and the market pay study every 4
ACCIDENT, SICKNESS AND $373,224 $394,747 years.
HEALTH INSURANCE
INTERNAL SERVICE FUND GENERAL FUND 2023-24 2024-25
TOTAL POSITIONS - 4.000 4.000
LEGISLATIVE COUNT
FIREFIGHTERS AND LAW 2023-24 2024-25 Personal Services $433,420 $457,080
ENFORCEMENT OFFICERS All Other $21,500 $21,500
HEALTH INSURANCE __________ __________
PROGRAM FUND GENERAL FUND TOTAL $454,920 $478,580
All Other $10,000 $10,000 ADMINISTRATION - HUMAN RESOURCES
__________ __________ 0038
FIREFIGHTERS AND LAW $10,000 $10,000
ENFORCEMENT OFFICERS PROGRAM SUMMARY
HEALTH INSURANCE
GENERAL FUND 2023-24 2024-25
PROGRAM FUND TOTAL
POSITIONS - 7.000 7.000
Administration - Human Resources 0038 LEGISLATIVE COUNT
Personal Services $784,563 $827,230
Initiative: Establishes one Public Service Coordinator II All Other $37,625 $37,625
position to provide expertise to the Bureau of Human __________ __________
Resources in the legislative and rule-making processes GENERAL FUND TOTAL $822,188 $864,855
and provides funding for related All Other costs.
Adult Use Cannabis Public Health and Safety Fund
GENERAL FUND 2023-24 2024-25 and Municipal Opt-In Fund Z263
POSITIONS - 1.000 1.000
LEGISLATIVE COUNT Initiative: Provides funding to align allocations with
Personal Services $122,487 $129,126 projected expenditures and available resources.
All Other $5,375 $5,375 OTHER SPECIAL 2023-24 2024-25
__________ __________ REVENUE FUNDS
GENERAL FUND TOTAL $127,862 $134,501
All Other $2,152,023 $2,152,023
Administration - Human Resources 0038 __________ __________
OTHER SPECIAL REVENUE $2,152,023 $2,152,023
Initiative: Establishes one Public Service Coordinator I FUNDS TOTAL
position to provide expertise on classification and com-
pensation and provides funding for related All Other Adult Use Cannabis Public Health and Safety Fund
costs. and Municipal Opt-In Fund Z263
GENERAL FUND 2023-24 2024-25 Initiative: Adjusts funding to bring allocations in line
POSITIONS - 1.000 1.000 with projected available resources for fiscal year 2023-
LEGISLATIVE COUNT 24 and fiscal year 2024-25.
Personal Services $106,169 $111,898
OTHER SPECIAL 2023-24 2024-25
All Other $5,375 $5,375
REVENUE FUNDS
__________ __________ All Other $1,395,555 $1,623,418
GENERAL FUND TOTAL $111,544 $117,273
__________ __________
Administration - Human Resources 0038 OTHER SPECIAL REVENUE $1,395,555 $1,623,418
FUNDS TOTAL
Initiative: Establishes one Public Service Coordinator II
position to provide professional services in the areas of ADULT USE CANNABIS PUBLIC HEALTH
diversity, equity and inclusion and provides funding for AND SAFETY FUND AND MUNICIPAL OPT-IN
related All Other costs. FUND Z263
GENERAL FUND 2023-24 2024-25 PROGRAM SUMMARY
POSITIONS - 1.000 1.000 OTHER SPECIAL 2023-24 2024-25
LEGISLATIVE COUNT REVENUE FUNDS
Personal Services $122,487 $129,126 All Other $3,547,578 $3,775,441
All Other $5,375 $5,375 __________ __________
__________ __________ OTHER SPECIAL REVENUE $3,547,578 $3,775,441
GENERAL FUND TOTAL $127,862 $134,501 FUNDS TOTAL
Administration - Human Resources 0038 Adult Use Cannabis Regulatory Coordination Fund
Initiative: Provides funding for one Public Service Co- Z264
ordinator I position, 3 Human Resource Analyst posi- Initiative: Provides funding to align allocations with
tions and related costs to complete the classification projected expenditures and available resources.
702
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
703
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
704
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
Initiative: Eliminates one vacant Building Custodian Central Administrative Applications Z234
position from the Buildings and Grounds Operations
program. Initiative: Provides funding for the program's share of
the cost for the financial and human resources service
HIGHWAY FUND 2023-24 2024-25 centers within the department.
Personal Services ($13,758) ($14,166)
__________ __________ GENERAL FUND 2023-24 2024-25
HIGHWAY FUND TOTAL ($13,758) ($14,166) All Other $13,000 $13,500
__________ __________
BUILDINGS AND GROUNDS OPERATIONS GENERAL FUND TOTAL $13,000 $13,500
0080
Central Administrative Applications Z234
PROGRAM SUMMARY
Initiative: Provides funding to support statewide soft-
GENERAL FUND 2023-24 2024-25 ware systems used to process, control and report on the
POSITIONS - 2.000 2.000 State's financial information.
LEGISLATIVE COUNT
Personal Services $178,820 $187,808 GENERAL FUND 2023-24 2024-25
All Other $852,600 $852,600 All Other $1,371,117 $1,371,117
__________ __________ __________ __________
GENERAL FUND TOTAL $1,031,420 $1,040,408 GENERAL FUND TOTAL $1,371,117 $1,371,117
Central Administrative Applications Z234
HIGHWAY FUND 2023-24 2024-25
Personal Services ($13,758) ($14,166) Initiative: Provides funding for statewide technology
__________ __________ services provided by the Office of Information Technol-
HIGHWAY FUND TOTAL ($13,758) ($14,166) ogy.
GENERAL FUND 2023-24 2024-25
OTHER SPECIAL 2023-24 2024-25
All Other $563,000 $563,000
REVENUE FUNDS
__________ __________
All Other $285,000 $285,000
GENERAL FUND TOTAL $563,000 $563,000
__________ __________
OTHER SPECIAL REVENUE $285,000 $285,000 CENTRAL ADMINISTRATIVE APPLICATIONS
FUNDS TOTAL Z234
REAL PROPERTY LEASE 2023-24 2024-25 PROGRAM SUMMARY
INTERNAL SERVICE FUND GENERAL FUND 2023-24 2024-25
All Other $3,500,000 $3,500,000 All Other $1,947,117 $1,947,617
__________ __________ __________ __________
REAL PROPERTY LEASE $3,500,000 $3,500,000 GENERAL FUND TOTAL $1,947,117 $1,947,617
INTERNAL SERVICE FUND
TOTAL Central Fleet Management 0703
Bureau of General Services - Capital Construction Initiative: Establishes one Fleet Support Specialist po-
and Improvement Reserve Fund 0883 sition for the Central Fleet Management Division.
Initiative: Provides funding for capital construction and CENTRAL MOTOR POOL 2023-24 2024-25
repair for state-owned buildings. POSITIONS - 1.000 1.000
LEGISLATIVE COUNT
OTHER SPECIAL 2023-24 2024-25 Personal Services $72,446 $76,327
REVENUE FUNDS __________ __________
Capital Expenditures $2,000,000 $2,000,000 CENTRAL MOTOR POOL $72,446 $76,327
__________ __________ TOTAL
OTHER SPECIAL REVENUE $2,000,000 $2,000,000
FUNDS TOTAL Central Fleet Management 0703
BUREAU OF GENERAL SERVICES - CAPITAL Initiative: Provides one-time funding for increased op-
CONSTRUCTION AND IMPROVEMENT erational expenses.
RESERVE FUND 0883 CENTRAL MOTOR POOL 2023-24 2024-25
PROGRAM SUMMARY All Other $10,000 $0
__________ __________
OTHER SPECIAL 2023-24 2024-25 CENTRAL MOTOR POOL $10,000 $0
REVENUE FUNDS TOTAL
Capital Expenditures $2,000,000 $2,000,000
__________ __________ Central Fleet Management 0703
OTHER SPECIAL REVENUE $2,000,000 $2,000,000
FUNDS TOTAL
705
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
Initiative: Provides funding to cover annual mainte- and ongoing funding for postage meters, maintenance
nance costs associated with a vehicle fleet telematics and supplies.
system. GENERAL FUND 2023-24 2024-25
CENTRAL MOTOR POOL 2023-24 2024-25 All Other $98,262 $98,262
All Other $365,000 $365,000 Capital Expenditures $1,734,808 $0
__________ __________ __________ __________
CENTRAL MOTOR POOL $365,000 $365,000 GENERAL FUND TOTAL $1,833,070 $98,262
TOTAL
CENTRAL SERVICES - PURCHASES 0004
Central Fleet Management 0703 PROGRAM SUMMARY
Initiative: Provides one-time funding to cover the im- GENERAL FUND 2023-24 2024-25
plementation of an asset management software system All Other $98,262 $98,262
and provides funding for the associated maintenance Capital Expenditures $1,734,808 $0
costs. __________ __________
CENTRAL MOTOR POOL 2023-24 2024-25 GENERAL FUND TOTAL $1,833,070 $98,262
All Other $30,000 $30,000
__________ __________ POSTAL, PRINTING AND 2023-24 2024-25
CENTRAL MOTOR POOL $30,000 $30,000 SUPPLY FUND
TOTAL POSITIONS - 1.000 1.000
LEGISLATIVE COUNT
CENTRAL FLEET MANAGEMENT 0703 Personal Services $67,116 $69,888
All Other $30,000 $30,000
PROGRAM SUMMARY __________ __________
CENTRAL MOTOR POOL 2023-24 2024-25 POSTAL, PRINTING AND $97,116 $99,888
POSITIONS - 1.000 1.000 SUPPLY FUND TOTAL
LEGISLATIVE COUNT
Personal Services $72,446 $76,327
Centralized Imaging Services Z372
All Other $405,000 $395,000 Initiative: Provides funding to conduct aerial imaging
__________ __________ acquisition and processing and use light detection and
CENTRAL MOTOR POOL $477,446 $471,327 ranging technology on state agency directed projects.
TOTAL
GENERAL FUND 2023-24 2024-25
Central Services - Purchases 0004 All Other $500,000 $500,000
Initiative: Provides one-time funding to cover the im- __________ __________
plementation of an asset management software system GENERAL FUND TOTAL $500,000 $500,000
and provides funding for the associated maintenance CENTRALIZED IMAGING SERVICES Z372
costs.
PROGRAM SUMMARY
POSTAL, PRINTING AND 2023-24 2024-25
SUPPLY FUND GENERAL FUND 2023-24 2024-25
All Other $30,000 $30,000 All Other $500,000 $500,000
__________ __________ __________ __________
POSTAL, PRINTING AND $30,000 $30,000 GENERAL FUND TOTAL $500,000 $500,000
SUPPLY FUND TOTAL COVID Pandemic Relief Payment Program Z337
Central Services - Purchases 0004 Initiative: Eliminates allocation for the COVID Pan-
Initiative: Establishes one Postal Services Worker posi- demic Relief Payment Program Fund Other Special
tion to support postal services across state agencies. Revenue Funds account. This account was established
to fund one-time payments to Maine citizens.
POSTAL, PRINTING AND 2023-24 2024-25
SUPPLY FUND OTHER SPECIAL 2023-24 2024-25
POSITIONS - 1.000 1.000 REVENUE FUNDS
LEGISLATIVE COUNT All Other ($408,408,000) ($408,408,000)
Personal Services $67,116 $69,888 __________ __________
__________ __________ OTHER SPECIAL REVENUE ($408,408,000) ($408,408,000)
POSTAL, PRINTING AND $67,116 $69,888 FUNDS TOTAL
SUPPLY FUND TOTAL COVID PANDEMIC RELIEF PAYMENT
Central Services - Purchases 0004 PROGRAM Z337
Initiative: Provides one-time funding for the procure- PROGRAM SUMMARY
ment of replacement equipment for the postal division OTHER SPECIAL 2023-24 2024-25
REVENUE FUNDS
706
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
707
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
Financial and Personnel Services - Division of 0713 hours biweekly in order to support accounts payable
processes including intake, review of documentation
Initiative: Provides funding to increase the hours of one and transaction processing for agency partners for the
Staff Accountant position from 54 hours to 80 hours bi-
weekly. Security and Employment Service Center.
FINANCIAL AND 2023-24 2024-25
FINANCIAL AND 2023-24 2024-25
PERSONNEL SERVICES
PERSONNEL SERVICES
FUND
FUND
POSITIONS - 0.500 0.500
Personal Services $26,335 $27,711
LEGISLATIVE COUNT
__________ __________
Personal Services $41,808 $44,379
FINANCIAL AND $26,335 $27,711
__________ __________
PERSONNEL SERVICES
FINANCIAL AND $41,808 $44,379
FUND TOTAL
PERSONNEL SERVICES
Financial and Personnel Services - Division of 0713 FUND TOTAL
Initiative: Establishes one Public Service Coordinator I Financial and Personnel Services - Division of 0713
position to support human resources activities for the Initiative: Establishes one Office Assistant II position to
Department of Health and Human Services and pro- support administrative duties and one Accounting Ana-
vides funding for related All Other costs. lyst Supervisor position to manage accounts payable
FINANCIAL AND 2023-24 2024-25 processes and provide supervisory services for the Se-
PERSONNEL SERVICES curity and Employment Service Center and provides
FUND funding for related All Other costs.
POSITIONS - 1.000 1.000
LEGISLATIVE COUNT FINANCIAL AND 2023-24 2024-25
Personal Services $106,169 $111,898 PERSONNEL SERVICES
All Other $5,375 $5,375 FUND
__________ __________ POSITIONS - 2.000 2.000
FINANCIAL AND $111,544 $117,273 LEGISLATIVE COUNT
PERSONNEL SERVICES Personal Services $175,393 $185,448
FUND TOTAL All Other $10,750 $10,750
__________ __________
Financial and Personnel Services - Division of 0713 FINANCIAL AND $186,143 $196,198
PERSONNEL SERVICES
Initiative: Provides funding to increase the hours of one FUND TOTAL
Public Service Manager I position from 64 hours to 80
hours biweekly to support human resources activities FINANCIAL AND PERSONNEL SERVICES -
within the Security and Employment Service Center. DIVISION OF 0713
FINANCIAL AND 2023-24 2024-25 PROGRAM SUMMARY
PERSONNEL SERVICES
FINANCIAL AND 2023-24 2024-25
FUND
PERSONNEL SERVICES
Personal Services $21,786 $22,967
FUND
__________ __________
POSITIONS - 6.500 6.500
FINANCIAL AND $21,786 $22,967
LEGISLATIVE COUNT
PERSONNEL SERVICES
Personal Services $641,849 $675,749
FUND TOTAL
All Other $272,398 $265,213
Financial and Personnel Services - Division of 0713 __________ __________
FINANCIAL AND $914,247 $940,962
Initiative: Provides funding for statewide technology PERSONNEL SERVICES
services provided by the Office of Information Technol- FUND TOTAL
ogy.
Homestead Property Tax Exemption
FINANCIAL AND 2023-24 2024-25 Reimbursement 0886
PERSONNEL SERVICES
FUND Initiative: Reduces funding for the Homestead Property
All Other $240,148 $232,963 Tax Exemption Reimbursement program due to main-
__________ __________ taining the reimbursement rate to municipalities at 76%.
FINANCIAL AND $240,148 $232,963
GENERAL FUND 2023-24 2024-25
PERSONNEL SERVICES
All Other $0 ($3,135,503)
FUND TOTAL
__________ __________
Financial and Personnel Services - Division of 0713 GENERAL FUND TOTAL $0 ($3,135,503)
Initiative: Provides funding to increase the hours of one HOMESTEAD PROPERTY TAX EXEMPTION
Accounting Associate I position from 32 hours to 80 REIMBURSEMENT 0886
708
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
709
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
PROGRAM SUMMARY
710
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
711
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
All Other $32,620 $28,020 operations processing unit and provides funding for All
__________ __________ Other costs.
GENERAL FUND TOTAL $425,532 $442,400
GENERAL FUND 2023-24 2024-25
Revenue Services, Bureau of 0002 POSITIONS - 3.000 3.000
LEGISLATIVE COUNT
Initiative: Establishes one Public Service Manager II Personal Services $228,612 $245,541
position within the Bureau of Revenue Services to assist All Other $16,485 $13,035
with comanagement of the income and estate tax divi- __________ __________
sion and provides funding for All Other costs. GENERAL FUND TOTAL $245,097 $258,576
GENERAL FUND 2023-24 2024-25 Revenue Services, Bureau of 0002
POSITIONS - 1.000 1.000
LEGISLATIVE COUNT Initiative: Establishes one Public Service Coordinator I
Personal Services $125,369 $132,516 position within the Office of Tax Policy to address the
All Other $5,495 $4,345 increasing number, complexity and range of tax policy
__________ __________ matters handled by the office.
GENERAL FUND TOTAL $130,864 $136,861
GENERAL FUND 2023-24 2024-25
Revenue Services, Bureau of 0002 POSITIONS - 1.000 1.000
LEGISLATIVE COUNT
Initiative: Establishes 2 Tax Section Manager positions Personal Services $102,748 $108,561
to support management of the individual income tax __________ __________
unit within the income and estate tax division and pro- GENERAL FUND TOTAL $102,748 $108,561
vides funding for All Other costs.
Revenue Services, Bureau of 0002
GENERAL FUND 2023-24 2024-25
POSITIONS - 2.000 2.000 Initiative: Reduces funding due to the decommissioning
LEGISLATIVE COUNT of legacy collection systems.
Personal Services $221,792 $233,147
OTHER SPECIAL 2023-24 2024-25
All Other $10,990 $8,690
REVENUE FUNDS
__________ __________
All Other $0 ($2,000,000)
GENERAL FUND TOTAL $232,782 $241,837
__________ __________
Revenue Services, Bureau of 0002 OTHER SPECIAL REVENUE $0 ($2,000,000)
FUNDS TOTAL
Initiative: Establishes 2 Senior Tax Examiner positions
to provide supervisory support for tax examiners within Revenue Services, Bureau of 0002
the income and estate tax division and provides funding Initiative: Provides funding to expand the current Rev-
for All Other costs. enue Agent to Senior Revenue Agent training program
GENERAL FUND 2023-24 2024-25 to include a 2nd career ladder from Senior Revenue
POSITIONS - 2.000 2.000 Agent to Principal Revenue Agent.
LEGISLATIVE COUNT
GENERAL FUND 2023-24 2024-25
Personal Services $206,458 $217,660
Personal Services $375,381 $381,481
All Other $10,990 $8,690
__________ __________
__________ __________
GENERAL FUND TOTAL $375,381 $381,481
GENERAL FUND TOTAL $217,448 $226,350
Revenue Services, Bureau of 0002 REVENUE SERVICES, BUREAU OF 0002
Initiative: Establishes 5 Tax Examiner positions within PROGRAM SUMMARY
the income and estate tax division to improve customer GENERAL FUND 2023-24 2024-25
service capabilities and provides funding for All Other POSITIONS - 18.000 18.000
costs. LEGISLATIVE COUNT
Personal Services $2,098,947 $2,202,031
GENERAL FUND 2023-24 2024-25 All Other $193,605 $185,555
POSITIONS - 5.000 5.000 __________ __________
LEGISLATIVE COUNT GENERAL FUND TOTAL $2,292,552 $2,387,586
Personal Services $445,675 $468,745
All Other $27,475 $21,725 OTHER SPECIAL 2023-24 2024-25
__________ __________ REVENUE FUNDS
GENERAL FUND TOTAL $473,150 $490,470 All Other $0 ($2,000,000)
Revenue Services, Bureau of 0002 __________ __________
OTHER SPECIAL REVENUE $0 ($2,000,000)
Initiative: Establishes one Office Specialist I Supervisor FUNDS TOTAL
position and 2 Office Specialist I positions within the
Risk Management - Claims 0008
712
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
Initiative: Provides funding to cover increased claim Initiative: Eliminates ongoing funding for the cost of
costs for the risk management division. the benefit mandate providing coverage of infertility
RISK MANAGEMENT 2023-24 2024-25
treatment as enacted by Public Law 2021, chapter 692,
FUND An Act To Provide Access to Fertility Care.
All Other $2,000,000 $2,000,000 GENERAL FUND 2023-24 2024-25
__________ __________ All Other ($3,800,000) ($3,800,000)
RISK MANAGEMENT FUND $2,000,000 $2,000,000 __________ __________
TOTAL GENERAL FUND TOTAL ($3,800,000) ($3,800,000)
Risk Management - Claims 0008 STATE BENEFIT MANDATE DEFRAYAL Z373
Initiative: Establishes one Public Service Manager II PROGRAM SUMMARY
position to assist with managing the risk management
division and to oversee the division's staff and statutory GENERAL FUND 2023-24 2024-25
All Other $0 $0
responsibilities. __________ __________
RISK MANAGEMENT 2023-24 2024-25 GENERAL FUND TOTAL $0 $0
FUND
POSITIONS - 1.000 1.000
State Controller - Office of the 0056
LEGISLATIVE COUNT Initiative: Provides funding for statewide technology
Personal Services $122,487 $129,126 services provided by the Office of Information Technol-
__________ __________ ogy.
RISK MANAGEMENT FUND $122,487 $129,126
TOTAL GENERAL FUND 2023-24 2024-25
All Other $8,000 $8,000
Risk Management - Claims 0008 __________ __________
Initiative: Provides one-time funding to pay attorney's GENERAL FUND TOTAL $8,000 $8,000
fees awarded by a court against the State and its depart- State Controller - Office of the 0056
ments, agencies, officers or employees and settlements
of attorney's fees without court award in these cases, Initiative: Provides funding for contractual services to
which are not otherwise insured against under a deduct- provide statewide systems training for all agency part-
ible or self-insured retention program. ners.
RISK MANAGEMENT 2023-24 2024-25 GENERAL FUND 2023-24 2024-25
FUND All Other $25,000 $25,000
All Other $3,500,000 $500 __________ __________
__________ __________ GENERAL FUND TOTAL $25,000 $25,000
RISK MANAGEMENT FUND $3,500,000 $500 State Controller - Office of the 0056
TOTAL
Initiative: Provides funding to increase the hours of one
RISK MANAGEMENT - CLAIMS 0008 Accounting Technician position from 64 hours to 80
PROGRAM SUMMARY hours biweekly in order to support statewide vendor
master file updates and vendor inquiries due to in-
RISK MANAGEMENT 2023-24 2024-25 creased transaction volume and to provide appropriate
FUND
POSITIONS - 1.000 1.000
segregation of duties in the accounting division.
LEGISLATIVE COUNT GENERAL FUND 2023-24 2024-25
Personal Services $122,487 $129,126 Personal Services $14,494 $15,286
All Other $5,500,000 $2,000,500 __________ __________
__________ __________ GENERAL FUND TOTAL $14,494 $15,286
RISK MANAGEMENT FUND $5,622,487 $2,129,626
TOTAL State Controller - Office of the 0056
State Benefit Mandate Defrayal Z373 Initiative: Establishes one Staff Accountant position to
support accounting transaction review and approval due
Initiative: Provides one-time funding for the cost of the to increased transaction volume and to provide appro-
benefit mandate providing coverage of infertility treat- priate segregation of duties in the accounting division
ment as enacted by Public Law 2021, chapter 692, An and provides funding for related All Other costs.
Act To Provide Access to Fertility Care.
GENERAL FUND 2023-24 2024-25
GENERAL FUND 2023-24 2024-25 POSITIONS - 1.000 1.000
All Other $3,800,000 $3,800,000 LEGISLATIVE COUNT
__________ __________ Personal Services $81,001 $85,172
GENERAL FUND TOTAL $3,800,000 $3,800,000 All Other $5,375 $5,375
__________ __________
State Benefit Mandate Defrayal Z373
GENERAL FUND TOTAL $86,376 $90,547
713
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
714
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
715
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
716
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
717
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
718
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
719
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
Initiative: Provides funding for statewide central fleet GENERAL FUND 2023-24 2024-25
management services provided by the Department of All Other $3,313 $4,363
Administrative and Financial Services. __________ __________
GENERAL FUND TOTAL $3,313 $4,363
GENERAL FUND 2023-24 2024-25
All Other $97,821 $120,152 Harness Racing Commission 0320
__________ __________ Initiative: Reorganizes one seasonal State Racing Stew-
GENERAL FUND TOTAL $97,821 $120,152
ard position to 2 intermittent State Racing Steward po-
FOREST RESOURCE MANAGEMENT Z233 sitions to provide better coverage for the harness racing
season.
PROGRAM SUMMARY
OTHER SPECIAL 2023-24 2024-25
GENERAL FUND 2023-24 2024-25
REVENUE FUNDS
Personal Services $3,282 $3,350
POSITIONS - FTE COUNT 0.001 0.001
All Other $97,821 $120,152
__________ __________
Capital Expenditures $70,000 $0
OTHER SPECIAL REVENUE $0 $0
__________ __________
FUNDS TOTAL
GENERAL FUND TOTAL $171,103 $123,502
Harness Racing Commission 0320
FEDERAL EXPENDITURES 2023-24 2024-25
FUND Initiative: Adjusts funding to bring allocations in line
POSITIONS - 6.000 6.000 with projected available resources for fiscal year 2023-
LEGISLATIVE COUNT 24 and fiscal year 2024-25.
POSITIONS - FTE COUNT (5.886) (5.886) OTHER SPECIAL 2023-24 2024-25
Personal Services $3,284 $3,353 REVENUE FUNDS
All Other $110 $113 All Other $5,862,520 $5,884,483
__________ __________ __________ __________
FEDERAL EXPENDITURES $3,394 $3,466 OTHER SPECIAL REVENUE $5,862,520 $5,884,483
FUND TOTAL FUNDS TOTAL
Fund To Address Food Insecurity and Provide HARNESS RACING COMMISSION 0320
Nutrition Incentives Z329
PROGRAM SUMMARY
Initiative: Provides one-time funding to capitalize the
Fund to Address Food Insecurity and Provide Nutrition OTHER SPECIAL 2023-24 2024-25
Incentives, to be used to match contributions from pri- REVENUE FUNDS
vate and public sources. POSITIONS - FTE COUNT 0.001 0.001
All Other $5,862,520 $5,884,483
GENERAL FUND 2023-24 2024-25 __________ __________
All Other $600,000 $600,000 OTHER SPECIAL REVENUE $5,862,520 $5,884,483
__________ __________ FUNDS TOTAL
GENERAL FUND TOTAL $600,000 $600,000
Land for Maine's Future Z162
FUND TO ADDRESS FOOD INSECURITY AND
PROVIDE NUTRITION INCENTIVES Z329 Initiative: Provides funding for a 3rd-party vendor to
maintain an online grant application and public grant
PROGRAM SUMMARY management tool.
GENERAL FUND 2023-24 2024-25 GENERAL FUND 2023-24 2024-25
All Other $600,000 $600,000 All Other $15,000 $15,000
__________ __________ __________ __________
GENERAL FUND TOTAL $600,000 $600,000 GENERAL FUND TOTAL $15,000 $15,000
Geology and Resource Information Z237 LAND FOR MAINE'S FUTURE Z162
Initiative: Provides funding for statewide central fleet PROGRAM SUMMARY
management services provided by the Department of
GENERAL FUND 2023-24 2024-25
Administrative and Financial Services. All Other $15,000 $15,000
GENERAL FUND 2023-24 2024-25 __________ __________
All Other $3,313 $4,363 GENERAL FUND TOTAL $15,000 $15,000
__________ __________
GENERAL FUND TOTAL $3,313 $4,363
Land Management and Planning Z239
GEOLOGY AND RESOURCE INFORMATION Initiative: Provides funding to increase the weeks of one
Z237 seasonal Park Ranger position from 26 weeks to 52
weeks and provides funding for associated All Other
PROGRAM SUMMARY costs.
720
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
OTHER SPECIAL 2023-24 2024-25 Initiative: Provides funding for the proposed reorgani-
REVENUE FUNDS zation of one Chief Planner position to a Public Service
POSITIONS - 1.000 1.000 Manager II position.
LEGISLATIVE COUNT
POSITIONS - FTE COUNT (0.500) (0.500) OTHER SPECIAL 2023-24 2024-25
Personal Services $28,826 $30,153 REVENUE FUNDS
All Other $1,209 $1,265 Personal Services $9,368 $14,330
__________ __________ All Other $196 $300
OTHER SPECIAL REVENUE $30,035 $31,418 __________ __________
FUNDS TOTAL OTHER SPECIAL REVENUE $9,564 $14,630
FUNDS TOTAL
Land Management and Planning Z239
LAND MANAGEMENT AND PLANNING Z239
Initiative: Provides funding for capital construction ma-
terials, capital improvements to bridges and roads and PROGRAM SUMMARY
other improvements to recreational trails and sites used FEDERAL EXPENDITURES 2023-24 2024-25
by the public. FUND
All Other $52,443 $52,443
OTHER SPECIAL 2023-24 2024-25
__________ __________
REVENUE FUNDS
FEDERAL EXPENDITURES $52,443 $52,443
Capital Expenditures $3,000,000 $3,000,000
FUND TOTAL
__________ __________
OTHER SPECIAL REVENUE $3,000,000 $3,000,000
FUNDS TOTAL OTHER SPECIAL 2023-24 2024-25
REVENUE FUNDS
Land Management and Planning Z239 POSITIONS - 1.000 1.000
LEGISLATIVE COUNT
Initiative: Provides funding for increased travel and le- POSITIONS - FTE COUNT (0.500) (0.500)
gal costs associated with the federal Forest Legacy Pro- Personal Services $41,186 $47,326
gram grant. All Other $124,493 $150,948
FEDERAL EXPENDITURES 2023-24 2024-25 Capital Expenditures $3,000,000 $3,000,000
FUND __________ __________
All Other $52,443 $52,443 OTHER SPECIAL REVENUE $3,165,679 $3,198,274
__________ __________ FUNDS TOTAL
FEDERAL EXPENDITURES $52,443 $52,443 Maine Conservation Corps Z149
FUND TOTAL
Initiative: Provides funding for increased federal grant
Land Management and Planning Z239 awards.
Initiative: Provides funding for statewide central fleet FEDERAL EXPENDITURES 2023-24 2024-25
management services provided by the Department of FUND
Administrative and Financial Services. All Other $251,883 $277,764
OTHER SPECIAL 2023-24 2024-25 __________ __________
FEDERAL EXPENDITURES $251,883 $277,764
REVENUE FUNDS
FUND TOTAL
All Other $122,963 $149,264
__________ __________ Maine Conservation Corps Z149
OTHER SPECIAL REVENUE $122,963 $149,264
FUNDS TOTAL Initiative: Provides funding for statewide central fleet
management services provided by the Department of
Land Management and Planning Z239 Administrative and Financial Services.
Initiative: Provides funding for the approved reorgani- OTHER SPECIAL 2023-24 2024-25
zation of one Secretary Associate position to a Planning REVENUE FUNDS
and Research Associate I position. All Other $7,323 $8,904
OTHER SPECIAL 2023-24 2024-25 __________ __________
REVENUE FUNDS OTHER SPECIAL REVENUE $7,323 $8,904
FUNDS TOTAL
Personal Services $2,992 $2,843
All Other $125 $119 MAINE CONSERVATION CORPS Z149
__________ __________
OTHER SPECIAL REVENUE $3,117 $2,962 PROGRAM SUMMARY
FUNDS TOTAL FEDERAL EXPENDITURES 2023-24 2024-25
Land Management and Planning Z239 FUND
All Other $251,883 $277,764
721
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
722
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
All Other $3,162 $3,838 Initiative: Provides funding for increased operational
__________ __________ expenses including rent, fuel, clothing and highway ma-
OTHER SPECIAL REVENUE $3,162 $3,838 terials due to inflation and a higher staff count.
FUNDS TOTAL
OTHER SPECIAL 2023-24 2024-25
NATURAL AREAS PROGRAM Z821 REVENUE FUNDS
PROGRAM SUMMARY All Other $39,072 $39,072
__________ __________
GENERAL FUND 2023-24 2024-25 OTHER SPECIAL REVENUE $39,072 $39,072
All Other $50,000 $50,000 FUNDS TOTAL
__________ __________
GENERAL FUND TOTAL $50,000 $50,000 Off-Road Recreational Vehicles Program Z224
Initiative: Provides funding for statewide central fleet
OTHER SPECIAL 2023-24 2024-25 management services provided by the Department of
REVENUE FUNDS Administrative and Financial Services.
All Other $153,162 $153,838
__________ __________ OTHER SPECIAL 2023-24 2024-25
OTHER SPECIAL REVENUE $153,162 $153,838 REVENUE FUNDS
FUNDS TOTAL All Other $22,550 $30,085
__________ __________
Off-Road Recreational Vehicles Program Z224 OTHER SPECIAL REVENUE $22,550 $30,085
Initiative: Provides funding to construct new and reno- FUNDS TOTAL
vate existing recreational boating facilities. Off-Road Recreational Vehicles Program Z224
OTHER SPECIAL 2023-24 2024-25 Initiative: Adjusts funding to bring allocations in line
REVENUE FUNDS with projected available resources for fiscal year 2023-
Capital Expenditures $1,000,000 $1,000,000 24 and fiscal year 2024-25.
__________ __________
OTHER SPECIAL REVENUE $1,000,000 $1,000,000 OTHER SPECIAL 2023-24 2024-25
FUNDS TOTAL REVENUE FUNDS
All Other ($380,422) ($378,424)
Off-Road Recreational Vehicles Program Z224 __________ __________
Initiative: Provides funding for increased grants to sup- OTHER SPECIAL REVENUE ($380,422) ($378,424)
port public boating facilities. FUNDS TOTAL
723
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
Initiative: Provides funding for the increase in the cost All Other $15,245 $15,245
of uniforms for Bureau of Parks and Lands staff. __________ __________
GENERAL FUND TOTAL $15,245 $15,245
GENERAL FUND 2023-24 2024-25
All Other $133,300 $133,300 Parks - General Operations Z221
__________ __________
GENERAL FUND TOTAL $133,300 $133,300
Initiative: Provides funding for increased InforME ex-
penses and credit card fee expenses resulting from the
Parks - General Operations Z221 higher volume of campground reservations at state
Initiative: Provides funding for increased septic pump- parks and historic sites.
ing costs for state parks and historic sites. OTHER SPECIAL 2023-24 2024-25
REVENUE FUNDS
GENERAL FUND 2023-24 2024-25
All Other $218,902 $218,902
All Other $60,000 $60,000
__________ __________
__________ __________
OTHER SPECIAL REVENUE $218,902 $218,902
GENERAL FUND TOTAL $60,000 $60,000
FUNDS TOTAL
Parks - General Operations Z221 Parks - General Operations Z221
Initiative: Provides funding for first aid and cleaning Initiative: Reduces funding in the All Other line cate-
supplies at state parks and historic sites. gory to comply with a statutory requirement stating
GENERAL FUND 2023-24 2024-25 only capital improvement expenditures are permissible
All Other $105,536 $105,536 in this account.
__________ __________
GENERAL FUND TOTAL $105,536 $105,536 OTHER SPECIAL 2023-24 2024-25
REVENUE FUNDS
Parks - General Operations Z221 All Other ($52,640) ($52,640)
__________ __________
Initiative: Provides funding for increased operational OTHER SPECIAL REVENUE ($52,640) ($52,640)
expenses for state parks and historic sites. FUNDS TOTAL
GENERAL FUND 2023-24 2024-25 Parks - General Operations Z221
All Other $140,000 $140,000
__________ __________ Initiative: Provides funding for a 3rd-party vendor to
GENERAL FUND TOTAL $140,000 $140,000 maintain an online grant application and public grant
Parks - General Operations Z221 management tool.
FEDERAL EXPENDITURES 2023-24 2024-25
Initiative: Provides funding for infrastructure mainte- FUND
nance and capital improvements. All Other $15,629 $15,629
OTHER SPECIAL 2023-24 2024-25 __________ __________
REVENUE FUNDS FEDERAL EXPENDITURES $15,629 $15,629
Capital Expenditures $430,000 $430,000 FUND TOTAL
__________ __________ Parks - General Operations Z221
OTHER SPECIAL REVENUE $430,000 $430,000
FUNDS TOTAL Initiative: Provides funding for statewide central fleet
Parks - General Operations Z221 management services provided by the Department of
Administrative and Financial Services.
Initiative: Provides funding for capital improvements to
GENERAL FUND 2023-24 2024-25
ensure roads, bridges, dams and buildings are safe for All Other $42,793 $55,406
public recreation and staff in the Allagash Wilderness __________ __________
Waterway. GENERAL FUND TOTAL $42,793 $55,406
OTHER SPECIAL 2023-24 2024-25
REVENUE FUNDS OTHER SPECIAL 2023-24 2024-25
Capital Expenditures $300,000 $100,000 REVENUE FUNDS
__________ __________ All Other $55,578 $71,300
OTHER SPECIAL REVENUE $300,000 $100,000 __________ __________
FUNDS TOTAL OTHER SPECIAL REVENUE $55,578 $71,300
FUNDS TOTAL
Parks - General Operations Z221
Parks - General Operations Z221
Initiative: Provides funding for increased credit card fee
expenses resulting from higher visitation at state parks Initiative: Provides funding for statewide property
and historic sites. leases provided through the Department of Administra-
tive and Financial Services, division of leased space.
GENERAL FUND 2023-24 2024-25
724
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
725
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
Initiative: Provides funding for annual case manage- FEDERAL EXPENDITURES 2023-24 2024-25
ment software maintenance. FUND
726
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
727
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
728
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
FEDERAL EXPENDITURES 2023-24 2024-25 Initiative: Provides funding for the increased All Other
FUND expenses for Office of the Attorney General positions.
All Other $1,232 $1,232
__________ __________ GENERAL FUND 2023-24 2024-25
FEDERAL EXPENDITURES $1,232 $1,232 All Other $2,420 $2,420
FUND TOTAL __________ __________
GENERAL FUND TOTAL $2,420 $2,420
Chief Medical Examiner - Office of 0412
CIVIL RIGHTS 0039
Initiative: Provides funding for the after-hours tele-
phone answering service contract with the Office of PROGRAM SUMMARY
Chief Medical Examiner. GENERAL FUND 2023-24 2024-25
All Other $3,312 $3,334
GENERAL FUND 2023-24 2024-25
__________ __________
All Other $77,000 $77,000
GENERAL FUND TOTAL $3,312 $3,334
__________ __________
GENERAL FUND TOTAL $77,000 $77,000 District Attorneys Salaries 0409
Chief Medical Examiner - Office of 0412 Initiative: Provides funding to restore Personal Services
Initiative: Provides funding for annual maintenance, us- related to the reduction for attrition savings in the Dis-
age and hosting services for the medicolegal death in- trict Attorneys Salaries program.
vestigation case management system. GENERAL FUND 2023-24 2024-25
Personal Services $217,766 $227,082
GENERAL FUND 2023-24 2024-25
__________ __________
All Other $31,000 $34,000
GENERAL FUND TOTAL $217,766 $227,082
__________ __________
GENERAL FUND TOTAL $31,000 $34,000 District Attorneys Salaries 0409
Chief Medical Examiner - Office of 0412 Initiative: Provides funding for the increased hours of
Initiative: Provides funding for increased operating one Assistant District Attorney position from 40 hours
costs in the Office of Chief Medical Examiner. to 80 hours biweekly funded by General Fund and elim-
inates another 40-hours-biweekly Assistant District At-
GENERAL FUND 2023-24 2024-25 torney position funded by Other Special Revenue
All Other $15,000 $15,000 Funds.
__________ __________
GENERAL FUND TOTAL $15,000 $15,000 GENERAL FUND 2023-24 2024-25
POSITIONS - 0.500 0.500
CHIEF MEDICAL EXAMINER - OFFICE OF LEGISLATIVE COUNT
0412 Personal Services $63,789 $67,135
PROGRAM SUMMARY __________ __________
GENERAL FUND TOTAL $63,789 $67,135
GENERAL FUND 2023-24 2024-25
All Other $149,009 $151,396 OTHER SPECIAL 2023-24 2024-25
__________ __________ REVENUE FUNDS
GENERAL FUND TOTAL $149,009 $151,396 POSITIONS - (0.500) (0.500)
LEGISLATIVE COUNT
FEDERAL EXPENDITURES 2023-24 2024-25 Personal Services ($60,047) ($63,204)
FUND __________ __________
All Other $1,239 $1,239 OTHER SPECIAL REVENUE ($60,047) ($63,204)
__________ __________ FUNDS TOTAL
FEDERAL EXPENDITURES $1,239 $1,239
FUND TOTAL District Attorneys Salaries 0409
Civil Rights 0039 Initiative: Establishes 3 limited-period Assistant Dis-
trict Attorney positions for the federal STOP Violence
Initiative: Provides funding for Department of Admin- Against Women grant through June 14, 2025.
istrative and Financial Services, Office of Information
FEDERAL EXPENDITURES 2023-24 2024-25
Technology rate increases, computer replacements and
FUND
other information technology needs. Personal Services $368,154 $383,301
GENERAL FUND 2023-24 2024-25 All Other $6,889 $7,172
All Other $892 $914 __________ __________
__________ __________ FEDERAL EXPENDITURES $375,043 $390,473
GENERAL FUND TOTAL $892 $914 FUND TOTAL
Civil Rights 0039 District Attorneys Salaries 0409
729
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
730
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
731
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
732
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
733
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
734
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
Initiative: Provides funding for the increased cost of Correctional Medical Services Fund 0286
electricity. Initiative: Provides funding for increased medical ser-
GENERAL FUND 2023-24 2024-25 vices costs.
All Other $6,842 $6,842 GENERAL FUND 2023-24 2024-25
__________ __________ All Other $7,935,146 $9,591,522
GENERAL FUND TOTAL $6,842 $6,842 __________ __________
Bolduc Correctional Facility Z155 GENERAL FUND TOTAL $7,935,146 $9,591,522
Initiative: Establishes and transfers funding into the CORRECTIONAL MEDICAL SERVICES FUND
new Corrections Fuel program. 0286
GENERAL FUND 2023-24 2024-25 PROGRAM SUMMARY
All Other ($105,000) ($105,000) GENERAL FUND 2023-24 2024-25
All Other $7,935,146 $9,591,522
735
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
736
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
Juvenile Community Corrections 0892 Initiative: Establishes and transfers funding into the
new Corrections Fuel program.
Initiative: Provides funding for statewide property
leases provided through the Department of Administra- GENERAL FUND 2023-24 2024-25
tive and Financial Services, division of leased space. All Other ($244,460) ($244,460)
__________ __________
GENERAL FUND 2023-24 2024-25 GENERAL FUND TOTAL ($244,460) ($244,460)
All Other $1,522 $1,522
__________ __________ Long Creek Youth Development Center 0163
GENERAL FUND TOTAL $1,522 $1,522
Initiative: Provides additional funding to align with a
Juvenile Community Corrections 0892 federally funded grant award.
Initiative: Provides funding for statewide insurance FEDERAL EXPENDITURES 2023-24 2024-25
coverage provided through the Department of Admin- FUND
istrative and Financial Services, risk management divi- All Other $112,851 $112,851
sion based on claims experience, coverage increases, at- __________ __________
torney's fees on claims and actuarially recommended re- FEDERAL EXPENDITURES $112,851 $112,851
FUND TOTAL
serves.
GENERAL FUND 2023-24 2024-25
LONG CREEK YOUTH DEVELOPMENT
All Other $5,236 $5,236 CENTER 0163
__________ __________ PROGRAM SUMMARY
GENERAL FUND TOTAL $5,236 $5,236
GENERAL FUND 2023-24 2024-25
Juvenile Community Corrections 0892 All Other ($204,377) ($204,377)
Initiative: Establishes and transfers funding into the __________ __________
GENERAL FUND TOTAL ($204,377) ($204,377)
new Corrections Fuel program.
GENERAL FUND 2023-24 2024-25 FEDERAL EXPENDITURES 2023-24 2024-25
All Other ($2,000) ($2,000) FUND
__________ __________ All Other $112,851 $112,851
GENERAL FUND TOTAL ($2,000) ($2,000) __________ __________
FEDERAL EXPENDITURES $112,851 $112,851
JUVENILE COMMUNITY CORRECTIONS 0892 FUND TOTAL
PROGRAM SUMMARY Mountain View Correctional Facility 0857
GENERAL FUND 2023-24 2024-25
Initiative: Provides funding for the increased cost of
All Other $4,758 $4,758
__________ __________
electricity.
GENERAL FUND TOTAL $4,758 $4,758 GENERAL FUND 2023-24 2024-25
All Other $34,278 $34,278
Long Creek Youth Development Center 0163 __________ __________
Initiative: Provides funding for the increased cost of GENERAL FUND TOTAL $34,278 $34,278
electricity. Mountain View Correctional Facility 0857
GENERAL FUND 2023-24 2024-25
Initiative: Provides funding for statewide insurance
All Other $28,302 $28,302
__________ __________
coverage provided through the Department of Admin-
GENERAL FUND TOTAL $28,302 $28,302 istrative and Financial Services, risk management divi-
sion based on claims experience, coverage increases, at-
Long Creek Youth Development Center 0163 torney's fees on claims and actuarially recommended re-
Initiative: Provides funding for statewide insurance serves.
coverage provided through the Department of Admin- GENERAL FUND 2023-24 2024-25
istrative and Financial Services, risk management divi- All Other $12,628 $12,628
sion based on claims experience, coverage increases, at- __________ __________
torney's fees on claims and actuarially recommended re- GENERAL FUND TOTAL $12,628 $12,628
serves. Mountain View Correctional Facility 0857
GENERAL FUND 2023-24 2024-25
Initiative: Provides one-time funding for the transporta-
All Other $11,781 $11,781
__________ __________
tion of raw sewage to a local treatment plant.
GENERAL FUND TOTAL $11,781 $11,781 GENERAL FUND 2023-24 2024-25
All Other $700,000 $700,000
Long Creek Youth Development Center 0163 __________ __________
GENERAL FUND TOTAL $700,000 $700,000
737
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
738
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
Initiative: Provides funding for the council's share of the GENERAL FUND 2023-24 2024-25
cost for the financial and human resources service cen- POSITIONS - 1.000 1.000
ters within the Department of Administrative and Fi- LEGISLATIVE COUNT
nancial Services. Personal Services $97,308 $102,614
All Other $5,000 $5,000
GENERAL FUND 2023-24 2024-25 __________ __________
All Other $790 $801 GENERAL FUND TOTAL $102,308 $107,614
__________ __________
GENERAL FUND TOTAL $790 $801 Administration - Maine Emergency Management
Agency 0214
NEW CENTURY PROGRAM FUND 0904
Initiative: Provides funding for the increase in services
PROGRAM SUMMARY as well as increased rates for the use of the Security and
GENERAL FUND 2023-24 2024-25 Employment Service Center.
All Other $790 $801 GENERAL FUND 2023-24 2024-25
__________ __________ All Other $106,616 $106,616
GENERAL FUND TOTAL $790 $801 __________ __________
Sec. A-9. Appropriations and alloca- GENERAL FUND TOTAL $106,616 $106,616
tions. The following appropriations and allocations ADMINISTRATION - MAINE EMERGENCY
are made. MANAGEMENT AGENCY 0214
DEFENSE, VETERANS AND EMERGENCY PROGRAM SUMMARY
MANAGEMENT, DEPARTMENT OF
GENERAL FUND 2023-24 2024-25
Administration - Maine Emergency Management POSITIONS - 2.000 2.000
Agency 0214 LEGISLATIVE COUNT
Personal Services $221,333 $233,334
Initiative: Provides funding for an increase to statewide All Other $153,716 $153,716
technology services provided by the Department of Ad- __________ __________
ministrative and Financial Services, Office of Infor- GENERAL FUND TOTAL $375,049 $387,050
mation Technology.
GENERAL FUND 2023-24 2024-25 FEDERAL EXPENDITURES 2023-24 2024-25
All Other $37,100 $37,100 FUND
__________ __________ All Other $37,100 $37,100
GENERAL FUND TOTAL $37,100 $37,100 __________ __________
FEDERAL EXPENDITURES $37,100 $37,100
FEDERAL EXPENDITURES 2023-24 2024-25 FUND TOTAL
FUND Military Training and Operations 0108
All Other $37,100 $37,100
__________ __________ Initiative: Establishes one Staff Accountant position
FEDERAL EXPENDITURES $37,100 $37,100 and provides funding for related All Other costs.
FUND TOTAL
FEDERAL EXPENDITURES 2023-24 2024-25
Administration - Maine Emergency Management FUND
Agency 0214 POSITIONS - 1.000 1.000
LEGISLATIVE COUNT
Initiative: Establishes one Public Service Manager II Personal Services $82,539 $86,766
position to lead a new preparedness division at the All Other $5,000 $5,000
Maine Emergency Management Agency and provides __________ __________
funding for related All Other costs. FEDERAL EXPENDITURES $87,539 $91,766
FUND TOTAL
GENERAL FUND 2023-24 2024-25
POSITIONS - 1.000 1.000 Military Training and Operations 0108
LEGISLATIVE COUNT
Personal Services $124,025 $130,720
Initiative: Establishes 2 Senior Technician positions
All Other $5,000 $5,000 and provides funding for related All Other costs to sup-
__________ __________ port construction projects.
GENERAL FUND TOTAL $129,025 $135,720 FEDERAL EXPENDITURES 2023-24 2024-25
Administration - Maine Emergency Management FUND
Agency 0214 POSITIONS - 2.000 2.000
LEGISLATIVE COUNT
Initiative: Establishes one Senior Planner position to act Personal Services $199,384 $210,742
as a resource management coordinator and provides All Other $10,000 $10,000
funding for related All Other costs.
739
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
740
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
741
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
__________ __________ etery System, one vehicle for the Southern Maine Vet-
FEDERAL EXPENDITURES $59,240 $62,192 erans' Cemetery and one vehicle for the Northern Maine
FUND TOTAL Veterans' Cemetery.
Military Training and Operations 0108 GENERAL FUND 2023-24 2024-25
Initiative: Establishes 2 Accounting Support Specialist All Other $18,000 $19,700
__________ __________
positions and provides funding for related All Other GENERAL FUND TOTAL $18,000 $19,700
costs.
Veterans Services 0110
FEDERAL EXPENDITURES 2023-24 2024-25
FUND Initiative: Provides funding for the lease of 2 state vehi-
POSITIONS - 2.000 2.000 cles to be used by the homeless veterans coordination
LEGISLATIVE COUNT team within the veterans' homelessness prevention pro-
Personal Services $165,078 $173,532 gram.
All Other $10,000 $10,000
__________ __________ GENERAL FUND 2023-24 2024-25
FEDERAL EXPENDITURES $175,078 $183,532 All Other $15,000 $16,300
FUND TOTAL __________ __________
GENERAL FUND TOTAL $15,000 $16,300
MILITARY TRAINING AND OPERATIONS
0108 Veterans Services 0110
PROGRAM SUMMARY Initiative: Provides funding for the purchase of 6 utility
task vehicles, or UTVs, to be used at the Maine Veter-
GENERAL FUND 2023-24 2024-25 ans' Memorial Cemetery.
Personal Services $133,766 $106,321
All Other $1,049,865 $1,049,152 GENERAL FUND 2023-24 2024-25
__________ __________ Capital Expenditures $75,000 $75,000
GENERAL FUND TOTAL $1,183,631 $1,155,473 __________ __________
GENERAL FUND TOTAL $75,000 $75,000
FEDERAL EXPENDITURES 2023-24 2024-25
FUND
Veterans Services 0110
POSITIONS - 13.000 13.000 Initiative: Provides funding for the increase of 320
LEGISLATIVE COUNT hours in temporary contracted personal services split
Personal Services $989,604 $1,041,101 between the northern and central Maine cemeteries to
All Other $604,187 $604,187 bolster seasonal support for grounds maintenance.
__________ __________
FEDERAL EXPENDITURES $1,593,791 $1,645,288 GENERAL FUND 2023-24 2024-25
FUND TOTAL All Other $6,130 $6,130
__________ __________
Veterans Services 0110 GENERAL FUND TOTAL $6,130 $6,130
Initiative: Provides funding for employee training, Veterans Services 0110
travel and technology contracts within the Veterans Ser-
vices program. Initiative: Provides funding for the increased cost of
heating fuel oil for the Maine Veterans' Memorial Cem-
GENERAL FUND 2023-24 2024-25 etery System.
All Other $78,000 $83,117
__________ __________ GENERAL FUND 2023-24 2024-25
GENERAL FUND TOTAL $78,000 $83,117 All Other $14,250 $14,250
__________ __________
Veterans Services 0110 GENERAL FUND TOTAL $14,250 $14,250
Initiative: Provides annual funding for headstone and Veterans Services 0110
grave marker maintenance for the Maine Veterans' Me-
morial Cemetery System to comply with National Cem- Initiative: Provides one-time funding for a roof replace-
etery Association requirements. ment at the Central Maine Veterans' Cemetery in Au-
gusta.
GENERAL FUND 2023-24 2024-25
All Other $180,000 $180,000 GENERAL FUND 2023-24 2024-25
__________ __________ All Other $200,000 $0
GENERAL FUND TOTAL $180,000 $180,000 __________ __________
GENERAL FUND TOTAL $200,000 $0
Veterans Services 0110
Veterans Services 0110
Initiative: Provides funding for the lease of 2 state vehi-
cles to be used by the Maine Veterans' Memorial Cem-
742
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
Initiative: Provides one-time funding for a grout and DEFENSE, VETERANS AND
masonry repair project on the administrative building at EMERGENCY
the Northern Maine Veterans' Cemetery in Caribou. MANAGEMENT,
DEPARTMENT OF
GENERAL FUND 2023-24 2024-25 DEPARTMENT TOTALS 2023-24 2024-25
All Other $10,000 $0
__________ __________ GENERAL FUND $2,310,259 $2,098,084
GENERAL FUND TOTAL $10,000 $0 FEDERAL $1,630,891 $1,682,388
Veterans Services 0110 EXPENDITURES FUND
OTHER SPECIAL $146,103 $147,564
Initiative: Establishes one Contract/Grant Manager po- REVENUE FUNDS
sition and provides funding for related All Other costs. __________ __________
DEPARTMENT TOTAL - $4,087,253 $3,928,036
GENERAL FUND 2023-24 2024-25 ALL FUNDS
POSITIONS - 1.000 1.000
LEGISLATIVE COUNT Sec. A-10. Appropriations and alloca-
Personal Services $107,539 $113,404 tions. The following appropriations and allocations
All Other $5,000 $5,000 are made.
__________ __________
GENERAL FUND TOTAL $112,539 $118,404 DISABILITY RIGHTS CENTER
Veterans Services 0110 Disability Rights Center 0523
Initiative: Provides funding for the increase in rates for Initiative: Provides funding for increased costs resulting
the use of the Security and Employment Service Center from inflation and cost-of-living wage increases.
for the Maine Bureau of Veterans' Services. GENERAL FUND 2023-24 2024-25
GENERAL FUND 2023-24 2024-25 All Other $20,000 $20,000
All Other $42,660 $42,660 __________ __________
__________ __________ GENERAL FUND TOTAL $20,000 $20,000
GENERAL FUND TOTAL $42,660 $42,660 DISABILITY RIGHTS CENTER 0523
Veterans Services 0110 PROGRAM SUMMARY
Initiative: Adjusts funding to bring allocations in line GENERAL FUND 2023-24 2024-25
with projected available resources for fiscal year 2023- All Other $20,000 $20,000
24 and fiscal year 2024-25. __________ __________
GENERAL FUND TOTAL $20,000 $20,000
OTHER SPECIAL 2023-24 2024-25
REVENUE FUNDS Sec. A-11. Appropriations and alloca-
All Other $146,103 $147,564 tions. The following appropriations and allocations
__________ __________ are made.
OTHER SPECIAL REVENUE $146,103 $147,564
FUNDS TOTAL ECONOMIC AND COMMUNITY
DEVELOPMENT, DEPARTMENT OF
VETERANS SERVICES 0110
Administration - Economic and Community
PROGRAM SUMMARY Development 0069
GENERAL FUND 2023-24 2024-25
POSITIONS - 1.000 1.000
Initiative: Provides funding for the department's share
LEGISLATIVE COUNT of the cost for the financial and human resources service
Personal Services $107,539 $113,404 centers within the Department of Administrative and Fi-
All Other $569,040 $367,157 nancial Services.
Capital Expenditures $75,000 $75,000 GENERAL FUND 2023-24 2024-25
__________ __________ All Other $31,842 $37,202
GENERAL FUND TOTAL $751,579 $555,561 __________ __________
GENERAL FUND TOTAL $31,842 $37,202
OTHER SPECIAL 2023-24 2024-25
REVENUE FUNDS Administration - Economic and Community
All Other $146,103 $147,564 Development 0069
__________ __________
OTHER SPECIAL REVENUE $146,103 $147,564 Initiative: Provides Federal Expenditures Fund alloca-
FUNDS TOTAL tions for the Department of Economic and Community
Development's administrative program.
FEDERAL EXPENDITURES 2023-24 2024-25
FUND
All Other $500 $500
743
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
744
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
745
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
746
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
747
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
Initiative: Adjusts funding between the Leadership Law 2021, chapter 635, and one limited-period Public
Team program, School Finance and Operations pro- Service Coordinator I position, previously continued in
gram, Special Services Team program and Learning Public Law 2023, chapter 17, through July 31, 2024.
Systems Team program within the same fund for the de- FEDERAL EXPENDITURES 2023-24 2024-25
partment's share of the cost for the financial and human FUND
resources service centers within the Department of Ad- Personal Services $148,454 $32,391
ministrative and Financial Services. All Other $8,818 $2,653
GENERAL FUND 2023-24 2024-25 __________ __________
All Other ($45,000) ($45,000) FEDERAL EXPENDITURES $157,272 $35,044
__________ __________ FUND TOTAL
GENERAL FUND TOTAL ($45,000) ($45,000) Learning Systems Team Z081
Learning Systems Team Z081 Initiative: Provides allocation in the Learning Systems
Initiative: Provides funding to bring allocation in line Team program, Federal Expenditures Fund for the fed-
with available resources. eral Preschool Development Grant.
FEDERAL EXPENDITURES 2023-24 2024-25 FEDERAL EXPENDITURES 2023-24 2024-25
FUND FUND
All Other $155,475 $155,475 All Other $2,049,426 $2,049,426
__________ __________ __________ __________
FEDERAL EXPENDITURES $155,475 $155,475 FEDERAL EXPENDITURES $2,049,426 $2,049,426
FUND TOTAL FUND TOTAL
748
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
National Board Certification Salary Supplement Office of Workforce Development and Innovative
Fund Z147 Pathways Z334
Initiative: Provides funding to support national board Initiative: Provides funding by increasing the hours of
certification salary supplement payments for national one part-time Office Associate II position from 40
board-certified teachers. hours to 80 hours biweekly.
OTHER SPECIAL 2023-24 2024-25 GENERAL FUND 2023-24 2024-25
REVENUE FUNDS POSITIONS - 0.500 0.500
All Other $618,800 $618,800 LEGISLATIVE COUNT
__________ __________ Personal Services $29,421 $29,409
OTHER SPECIAL REVENUE $618,800 $618,800 __________ __________
FUNDS TOTAL GENERAL FUND TOTAL $29,421 $29,409
749
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
Initiative: Establishes one limited-period Public Service Initiative: Provides funding to bring allocation in line
Manager I position and one limited-period Management with available resources from the federal Expanding
Analyst II position through June 7, 2025 to coordinate Access in School Environments grant.
and oversee program funds and provides one-time fund- FEDERAL EXPENDITURES 2023-24 2024-25
ing for related All Other costs. FUND
GENERAL FUND 2023-24 2024-25 All Other $1,981,393 $1,567,037
Personal Services $208,120 $219,703 __________ __________
All Other $18,820 $17,720 FEDERAL EXPENDITURES $1,981,393 $1,567,037
__________ __________ FUND TOTAL
GENERAL FUND TOTAL $226,940 $237,423 School and Student Supports Z270
OFFICE OF WORKFORCE DEVELOPMENT Initiative: Provides funds for a 2-year pilot program to
AND INNOVATIVE PATHWAYS Z334 help students avoid homelessness by providing liaisons
PROGRAM SUMMARY under the federal McKinney-Vento Homeless Assis-
tance Act access to emergency financial assistance for
GENERAL FUND 2023-24 2024-25
POSITIONS - 0.500 0.500
the family of a student in an amount of up to $750 per
LEGISLATIVE COUNT student.
Personal Services $237,541 $249,112 GENERAL FUND 2023-24 2024-25
All Other $33,820 $32,720 All Other $1,500,000 $1,500,000
__________ __________ __________ __________
GENERAL FUND TOTAL $271,361 $281,832 GENERAL FUND TOTAL $1,500,000 $1,500,000
Retired Teachers' Health Insurance 0854 SCHOOL AND STUDENT SUPPORTS Z270
Initiative: Provides funds to increase the State's contri- PROGRAM SUMMARY
bution toward the retired teachers' share of health insur-
ance premiums from 55% to 60% beginning in fiscal GENERAL FUND 2023-24 2024-25
POSITIONS - 0.000 4.000
year 2023-24. LEGISLATIVE COUNT
GENERAL FUND 2023-24 2024-25 Personal Services $0 $312,555
All Other $3,268,715 $3,268,715 All Other $1,500,000 $1,526,580
__________ __________ __________ __________
GENERAL FUND TOTAL $3,268,715 $3,268,715 GENERAL FUND TOTAL $1,500,000 $1,839,135
RETIRED TEACHERS' HEALTH INSURANCE FEDERAL EXPENDITURES 2023-24 2024-25
0854 FUND
PROGRAM SUMMARY All Other $1,981,393 $1,567,037
__________ __________
GENERAL FUND 2023-24 2024-25 FEDERAL EXPENDITURES $1,981,393 $1,567,037
All Other $3,268,715 $3,268,715 FUND TOTAL
__________ __________
GENERAL FUND TOTAL $3,268,715 $3,268,715 School Finance and Operations Z078
School and Student Supports Z270 Initiative: Provides funding for statewide technology
services provided by the Department of Administrative
Initiative: Establishes 4 Education Specialist III posi- and Financial Services, Office of Information Technol-
tions funded 100% Learning Systems Team program, ogy.
Federal Expenditures Fund - ARP and transfers these
positions from the Learning Systems Team program, GENERAL FUND 2023-24 2024-25
Federal Expenditures Fund - ARP to the School and All Other $119,918 $119,918
__________ __________
Student Supports program, General Fund beginning Oc- GENERAL FUND TOTAL $119,918 $119,918
tober 1, 2024. This initiative also provides funding for
related All Other costs. School Finance and Operations Z078
GENERAL FUND 2023-24 2024-25 Initiative: Provides one-time funding to revise major
POSITIONS - 0.000 4.000 capital school construction planning documents.
LEGISLATIVE COUNT
Personal Services $0 $312,555 GENERAL FUND 2023-24 2024-25
All Other $0 $26,580 All Other $45,000 $0
__________ __________ __________ __________
GENERAL FUND TOTAL $0 $339,135 GENERAL FUND TOTAL $45,000 $0
School and Student Supports Z270 School Finance and Operations Z078
750
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
Initiative: Adjusts funding between the Leadership SCHOOL FINANCE AND OPERATIONS Z078
Team program, School Finance and Operations pro-
gram, Special Services Team program and Learning PROGRAM SUMMARY
Systems Team program within the same fund for the de- GENERAL FUND 2023-24 2024-25
partment's share of the cost for the financial and human All Other $284,918 $239,918
resources service centers within the Department of Ad- __________ __________
ministrative and Financial Services. GENERAL FUND TOTAL $284,918 $239,918
751
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
OTHER SPECIAL $16,670,729 $1,916,321 Initiative: Provides funding for the department's share
REVENUE FUNDS of the cost for the financial and human resources service
FEDERAL $517,760 $178,383 centers within the Department of Administrative and Fi-
EXPENDITURES FUND - nancial Services.
ARP
__________ __________ GENERAL FUND 2023-24 2024-25
DEPARTMENT TOTAL - $63,783,032 $45,011,205 All Other $31,800 $44,606
ALL FUNDS __________ __________
GENERAL FUND TOTAL $31,800 $44,606
Sec. A-13. Appropriations and alloca-
tions. The following appropriations and allocations Administration - Environmental Protection 0251
are made. Initiative: Provides funding for statewide property
EDUCATION, STATE BOARD OF leases provided through the Department of Administra-
tive and Financial Services, division of leased space.
State Board of Education 0614
GENERAL FUND 2023-24 2024-25
Initiative: Provides funding for per diem payments to All Other $802 $802
board members. __________ __________
GENERAL FUND TOTAL $802 $802
GENERAL FUND 2023-24 2024-25
Personal Services $6,000 $6,000 ADMINISTRATION - ENVIRONMENTAL
__________ __________ PROTECTION 0251
GENERAL FUND TOTAL $6,000 $6,000
PROGRAM SUMMARY
STATE BOARD OF EDUCATION 0614
GENERAL FUND 2023-24 2024-25
PROGRAM SUMMARY All Other $247,464 $265,066
GENERAL FUND 2023-24 2024-25 __________ __________
Personal Services $6,000 $6,000 GENERAL FUND TOTAL $247,464 $265,066
__________ __________ Air Quality 0250
GENERAL FUND TOTAL $6,000 $6,000
Initiative: Provides funding for statewide insurance
Sec. A-14. Appropriations and alloca- coverage provided through the Department of Admin-
tions. The following appropriations and allocations istrative and Financial Services, risk management divi-
are made. sion based on claims experience, coverage increases, at-
ENVIRONMENTAL PROTECTION, torney's fees on claims and actuarially recommended re-
DEPARTMENT OF serves.
Administration - Environmental Protection 0251 GENERAL FUND 2023-24 2024-25
All Other $1,232 $1,232
Initiative: Provides funding for statewide insurance __________ __________
coverage provided through the Department of Admin- GENERAL FUND TOTAL $1,232 $1,232
istrative and Financial Services, risk management divi-
sion based on claims experience, coverage increases, at- Air Quality 0250
torney's fees on claims and actuarially recommended re- Initiative: Provides funding for statewide property
serves. leases provided through the Department of Administra-
GENERAL FUND 2023-24 2024-25
tive and Financial Services, division of leased space.
All Other $539 $539 GENERAL FUND 2023-24 2024-25
__________ __________ All Other $803 $803
GENERAL FUND TOTAL $539 $539 __________ __________
GENERAL FUND TOTAL $803 $803
Administration - Environmental Protection 0251
Initiative: Provides funding for statewide technology Air Quality 0250
services provided by the Department of Administrative Initiative: Provides one-time funding for the replace-
and Financial Services, Office of Information Technol- ment of equipment essential for the State to meet its ob-
ogy. ligation to monitor and maintain baseline data about
GENERAL FUND 2023-24 2024-25
ambient air quality.
All Other $214,323 $219,119 GENERAL FUND 2023-24 2024-25
__________ __________ Capital Expenditures $35,000 $94,000
GENERAL FUND TOTAL $214,323 $219,119 __________ __________
GENERAL FUND TOTAL $35,000 $94,000
Administration - Environmental Protection 0251
Air Quality 0250
752
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
Initiative: Provides one-time funding for the purchase GENERAL FUND 2023-24 2024-25
of new equipment essential for the State to meet its ob- All Other $18,615 $22,820
ligation to monitor and maintain baseline data about __________ __________
ambient air quality. GENERAL FUND TOTAL $18,615 $22,820
Initiative: Provides funding for statewide central fleet MAINE ENVIRONMENTAL PROTECTION
management services provided by the Department of FUND 0421
Administrative and Financial Services. PROGRAM SUMMARY
GENERAL FUND 2023-24 2024-25 GENERAL FUND 2023-24 2024-25
All Other $15,237 $19,442 All Other $3,517 $3,856
__________ __________ __________ __________
GENERAL FUND TOTAL $15,237 $19,442 GENERAL FUND TOTAL $3,517 $3,856
Land Resources Z188
OTHER SPECIAL 2023-24 2024-25
Initiative: Provides funding for statewide property REVENUE FUNDS
leases provided through the Department of Administra- Personal Services $88,669 $93,646
tive and Financial Services, division of leased space. All Other $1,331 $1,406
__________ __________
GENERAL FUND 2023-24 2024-25
OTHER SPECIAL REVENUE $90,000 $95,052
All Other $1,530 $1,530
FUNDS TOTAL
__________ __________
GENERAL FUND TOTAL $1,530 $1,530 Remediation and Waste Management 0247
LAND RESOURCES Z188 Initiative: Reduces funding to align allocations with
PROGRAM SUMMARY projected available resources.
753
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
FEDERAL EXPENDITURES 2023-24 2024-25 Initiative: Provides one-time funding for equipment
FUND purchases that are essential for the State to meet its ob-
All Other ($340,380) ($340,380) ligation for the investigation, cleanup and monitoring of
__________ __________ hazardous materials and petroleum products.
FEDERAL EXPENDITURES ($340,380) ($340,380)
FUND TOTAL OTHER SPECIAL 2023-24 2024-25
REVENUE FUNDS
OTHER SPECIAL 2023-24 2024-25 Capital Expenditures $305,000 $0
REVENUE FUNDS __________ __________
All Other ($1,178,377) ($1,178,377) OTHER SPECIAL REVENUE $305,000 $0
__________ __________ FUNDS TOTAL
OTHER SPECIAL REVENUE ($1,178,377) ($1,178,377) Remediation and Waste Management 0247
FUNDS TOTAL
Initiative: Eliminates one vacant Auto Mechanic II po-
Remediation and Waste Management 0247 sition from the Remediation and Waste Management
Initiative: Provides funding for statewide insurance program.
coverage provided through the Department of Admin- OTHER SPECIAL 2023-24 2024-25
istrative and Financial Services, risk management divi- REVENUE FUNDS
sion based on claims experience, coverage increases, at- POSITIONS - (1.000) (1.000)
torney's fees on claims and actuarially recommended re- LEGISLATIVE COUNT
serves. Personal Services ($61,234) ($65,142)
__________ __________
GENERAL FUND 2023-24 2024-25
OTHER SPECIAL REVENUE ($61,234) ($65,142)
All Other $539 $539
FUNDS TOTAL
__________ __________
GENERAL FUND TOTAL $539 $539 REMEDIATION AND WASTE MANAGEMENT
Remediation and Waste Management 0247 0247
Initiative: Provides funding for statewide central fleet PROGRAM SUMMARY
management services provided by the Department of GENERAL FUND 2023-24 2024-25
Administrative and Financial Services. All Other $33,474 $39,904
__________ __________
GENERAL FUND 2023-24 2024-25
GENERAL FUND TOTAL $33,474 $39,904
All Other $22,570 $29,000
__________ __________
FEDERAL EXPENDITURES 2023-24 2024-25
GENERAL FUND TOTAL $22,570 $29,000
FUND
Remediation and Waste Management 0247 All Other ($340,380) ($340,380)
__________ __________
Initiative: Provides funding for statewide property FEDERAL EXPENDITURES ($340,380) ($340,380)
leases provided through the Department of Administra- FUND TOTAL
tive and Financial Services, division of leased space.
GENERAL FUND 2023-24 2024-25 OTHER SPECIAL 2023-24 2024-25
All Other $10,365 $10,365 REVENUE FUNDS
__________ __________ POSITIONS - (1.000) (1.000)
GENERAL FUND TOTAL $10,365 $10,365 LEGISLATIVE COUNT
Personal Services ($61,234) ($65,142)
Remediation and Waste Management 0247 All Other ($1,178,377) ($1,178,377)
Capital Expenditures $506,000 $283,500
Initiative: Provides one-time funding for the replace- __________ __________
ment of equipment purchases that are essential for the OTHER SPECIAL REVENUE ($733,611) ($960,019)
State to meet its obligation for the investigation, FUNDS TOTAL
cleanup and monitoring of hazardous materials and pe-
troleum products. Water Quality 0248
OTHER SPECIAL 2023-24 2024-25 Initiative: Provides funding for statewide insurance
REVENUE FUNDS coverage provided through the Department of Admin-
Capital Expenditures $201,000 $283,500 istrative and Financial Services, risk management divi-
__________ __________ sion based on claims experience, coverage increases, at-
OTHER SPECIAL REVENUE $201,000 $283,500 torney's fees on claims and actuarially recommended re-
FUNDS TOTAL serves.
Remediation and Waste Management 0247 GENERAL FUND 2023-24 2024-25
All Other $2,079 $2,079
754
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
755
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
756
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
757
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
Initiative: Establishes allocation in the Office of Policy DAIRY IMPROVEMENT FUND Z143
Innovation and the Future program, Federal Expendi- PROGRAM SUMMARY
tures Fund for the federal Preschool Development
Grant. OTHER SPECIAL 2023-24 2024-25
REVENUE FUNDS
FEDERAL EXPENDITURES 2023-24 2024-25 All Other $65,292 $71,048
FUND __________ __________
All Other $287,244 $287,244 OTHER SPECIAL REVENUE $65,292 $71,048
__________ __________ FUNDS TOTAL
FEDERAL EXPENDITURES $287,244 $287,244
FUND TOTAL Doctors For Maine's Future Scholarship Fund
Z090
OFFICE OF POLICY INNOVATION AND THE
FUTURE Z135 Initiative: Allocates one-time funds to support the Doc-
tors For Maine's Future Scholarship Program.
PROGRAM SUMMARY
OTHER SPECIAL 2023-24 2024-25
GENERAL FUND 2023-24 2024-25 REVENUE FUNDS
All Other ($1,474,367) ($1,474,367) All Other $1,000,000 $0
__________ __________
GENERAL FUND TOTAL ($1,474,367) ($1,474,367)
758
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
759
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
Initiative: Provides funding to increase eligibility for Child Care Services 0563
child care subsidies from 85% of the State's median in- Initiative: Provides one-time funding for the Depart-
come to 125% of the State's median income, beginning ment of Health and Human Services, Office of Child
January 1, 2024. and Family Services to develop an early childhood in-
GENERAL FUND 2023-24 2024-25 tegrated data system.
All Other $4,864,140 $10,214,694 GENERAL FUND 2023-24 2024-25
__________ __________ All Other $100,000 $0
GENERAL FUND TOTAL $4,864,140 $10,214,694 __________ __________
Child Care Services 0563 GENERAL FUND TOTAL $100,000 $0
Initiative: Provides funding to include child care staff in Child Care Services 0563
the Maine Child Care Affordability Program. Initiative: Provides funding to establish one Social Ser-
GENERAL FUND 2023-24 2024-25 vices Program Specialist II position, one Social Ser-
All Other $2,500,000 $2,500,000 vices Manager I position and 2 Financial Resource Spe-
__________ __________ cialist II positions to handle the increased workload in
GENERAL FUND TOTAL $2,500,000 $2,500,000 the program.
Child Care Services 0563 GENERAL FUND 2023-24 2024-25
POSITIONS - 4.000 4.000
Initiative: Provides funding for delivery of Head Start LEGISLATIVE COUNT
services to support families earning up to 185% of the Personal Services $368,080 $387,199
federal poverty level. All Other $26,148 $26,148
__________ __________
GENERAL FUND 2023-24 2024-25
GENERAL FUND TOTAL $394,228 $413,347
All Other $3,600,000 $3,600,000
__________ __________ CHILD CARE SERVICES 0563
GENERAL FUND TOTAL $3,600,000 $3,600,000
PROGRAM SUMMARY
Child Care Services 0563
GENERAL FUND 2023-24 2024-25
Initiative: Provides funding to make system improve- POSITIONS - 4.000 4.000
ments to the Maine Child Care Affordability Program. LEGISLATIVE COUNT
Personal Services $368,080 $387,199
GENERAL FUND 2023-24 2024-25
All Other $26,490,288 $31,540,842
All Other $100,000 $100,000
__________ __________
__________ __________
GENERAL FUND TOTAL $26,858,368 $31,928,041
GENERAL FUND TOTAL $100,000 $100,000
Child Care Services 0563 FEDERAL EXPENDITURES 2023-24 2024-25
FUND
Initiative: Provides one-time funding for the Depart- All Other $7,760,179 $5,619,014
ment of Health and Human Services, Office of Child __________ __________
and Family Services, in consultation with the Maine FEDERAL EXPENDITURES $7,760,179 $5,619,014
Children's Cabinet and Maine Children's Cabinet Early FUND TOTAL
Childhood Advisory Council, to create an estimator tool
to calculate the cost of quality child care, which enables Child Support 0100
the State to model actual costs of child care. Initiative: Eliminates one vacant part-time position and
GENERAL FUND 2023-24 2024-25
2 vacant Office Associate II positions from the Child
All Other $200,000 $0 Support program.
760
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
761
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
Department of Health and Human Services Central Developmental Services - Community Z208
Operations 0142 Initiative: Provides funding for statewide technology
Initiative: Provides funding in the Department of Health services provided by the Department of Administrative
and Human Services Central Operations program for in- and Financial Services, Office of Information Technol-
creases in costs for human resources management ser- ogy.
vices provided by the Department of Administrative GENERAL FUND 2023-24 2024-25
and Financial Services. All Other $122,169 $122,169
__________ __________
GENERAL FUND 2023-24 2024-25
GENERAL FUND TOTAL $122,169 $122,169
All Other $200,995 $207,880
__________ __________ Developmental Services - Community Z208
GENERAL FUND TOTAL $200,995 $207,880
Initiative: Establishes one Business Systems Analyst
OTHER SPECIAL 2023-24 2024-25 position and one Management Analyst II position effec-
REVENUE FUNDS tive July 1, 2024, eliminates 3 Office Associate II posi-
All Other $137,229 $141,930 tions effective June 15, 2024 and provides funding for
__________ __________ the proposed reorganization of one Social Services Pro-
OTHER SPECIAL REVENUE $137,229 $141,930 gram Specialist II position to a Social Services Program
FUNDS TOTAL Manager position to align the roles and responsibilities
Department of Health and Human Services Central for staff with the updated client data system. This initi-
Operations 0142 ative also adjusts funding for related All Other costs.
Initiative: Provides funding for the approved reclassifi- GENERAL FUND 2023-24 2024-25
POSITIONS - (3.000) (1.000)
cation of 6 Hearings Examiner positions to DHHS LEGISLATIVE COUNT
Hearings Officer positions retroactive to January 30, Personal Services $6,737 ($12,415)
2017 and for the approved reclassification of one Hear- All Other $0 ($6,537)
ings Examiner position to a DHHS Hearings Officer po- __________ __________
sition retroactive to March 2, 2018. This initiative also GENERAL FUND TOTAL $6,737 ($18,952)
provides funding for related All Other costs.
Developmental Services - Community Z208
GENERAL FUND 2023-24 2024-25
762
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
Initiative: Establishes 2 Human Services Caseworker and Chapter III, Section 29, Allowances for Support
positions funded 50% Developmental Services - Com- Services for Adults with Intellectual Disabilities or Au-
munity program, General Fund and 50% Office of tism Spectrum Disorder, until 900 new members in total
MaineCare Services program, Federal Expenditures have been added.
Fund. This initiative also provides funding for related GENERAL FUND 2023-24 2024-25
All Other costs. All Other $2,699,787 $7,984,059
GENERAL FUND 2023-24 2024-25 __________ __________
POSITIONS - 2.000 2.000 GENERAL FUND TOTAL $2,699,787 $7,984,059
LEGISLATIVE COUNT Developmental Services Waiver - Supports Z212
Personal Services $95,880 $100,666
All Other $6,537 $6,537 Initiative: Adjusts funding in various MaineCare ac-
__________ __________ counts to reflect impacts from the May 1, 2023 revenue
GENERAL FUND TOTAL $102,417 $107,203 forecasting projections.
DEVELOPMENTAL SERVICES - COMMUNITY GENERAL FUND 2023-24 2024-25
Z208 All Other ($19,840) ($19,840)
__________ __________
PROGRAM SUMMARY GENERAL FUND TOTAL ($19,840) ($19,840)
GENERAL FUND 2023-24 2024-25
POSITIONS - (1.000) 1.000 OTHER SPECIAL 2023-24 2024-25
LEGISLATIVE COUNT REVENUE FUNDS
Personal Services $102,617 $88,251 All Other $19,840 $19,840
All Other $128,706 $122,169 __________ __________
__________ __________ OTHER SPECIAL REVENUE $19,840 $19,840
GENERAL FUND TOTAL $231,323 $210,420 FUNDS TOTAL
Developmental Services Waiver - MaineCare Z211 DEVELOPMENTAL SERVICES WAIVER -
Initiative: Adjusts funding in various MaineCare ac- SUPPORTS Z212
counts to reflect impacts from the May 1, 2023 revenue PROGRAM SUMMARY
forecasting projections. GENERAL FUND 2023-24 2024-25
GENERAL FUND 2023-24 2024-25 All Other $2,679,947 $7,964,219
All Other $2,460,537 $2,460,537 __________ __________
__________ __________ GENERAL FUND TOTAL $2,679,947 $7,964,219
GENERAL FUND TOTAL $2,460,537 $2,460,537
OTHER SPECIAL 2023-24 2024-25
Developmental Services Waiver - MaineCare Z211 REVENUE FUNDS
Initiative: Adjusts funding and rates to reflect the elim- All Other $19,840 $19,840
ination of health care services from the service provider __________ __________
tax under the Maine Revised Statutes, Title 36, section OTHER SPECIAL REVENUE $19,840 $19,840
FUNDS TOTAL
2552, effective January 1, 2025.
GENERAL FUND 2023-24 2024-25
Disability Determination - Division of 0208
All Other $0 $12,416,299 Initiative: Establishes one Disability Claims Supervisor
__________ __________ position and 5 Disability Claims Adjudicator positions
GENERAL FUND TOTAL $0 $12,416,299 funded 100% Disability Determination - Division of
DEVELOPMENTAL SERVICES WAIVER - program, Federal Expenditures Fund and provides
MAINECARE Z211 funding for related All Other costs.
PROGRAM SUMMARY FEDERAL EXPENDITURES 2023-24 2024-25
FUND
GENERAL FUND 2023-24 2024-25 POSITIONS - 6.000 6.000
All Other $2,460,537 $14,876,836 LEGISLATIVE COUNT
__________ __________ Personal Services $552,033 $582,556
GENERAL FUND TOTAL $2,460,537 $14,876,836 All Other $53,489 $54,226
Developmental Services Waiver - Supports Z212 __________ __________
FEDERAL EXPENDITURES $605,522 $636,782
Initiative: Provides funding for adding 50 new members FUND TOTAL
per month for services for adults with intellectual and DISABILITY DETERMINATION - DIVISION OF
developmental disabilities provided under the depart- 0208
ment's rule Chapter 101: MaineCare Benefits Manual,
Chapter II, Section 29, Support Services for Adults with PROGRAM SUMMARY
Intellectual Disabilities or Autism Spectrum Disorder,
763
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
764
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
Division of Licensing and Certification Z036 Division of Licensing and Certification Z036
Initiative: Establishes 2 Social Services Program Spe- Initiative: Provides funding for the proposed reorgani-
cialist I positions funded 65% Other Special Revenue zation of 6 Health Services Consultant positions to
Funds and 35% General Fund in the Division of Licens- Health Services Consultant II positions, one Health Ser-
ing and Certification program to serve as survey staff vices Consultant II position to a Social Services Man-
for the assisted housing program. This initiative also ager I position, one Health Facility Surveyor position to
provides funding for related All Other costs. a Social Services Program Specialist II position, one
GENERAL FUND 2023-24 2024-25
Office Associate II position to an Office Specialist I po-
Personal Services $61,432 $64,786 sition and one Secretary Specialist Supervisor to a Sec-
All Other $6,863 $6,863 retary Specialist Supervisor - Confidential position.
__________ __________ This initiative also provides funding for related All
GENERAL FUND TOTAL $68,295 $71,649 Other costs.
GENERAL FUND 2023-24 2024-25
OTHER SPECIAL 2023-24 2024-25 Personal Services $26,546 $28,277
REVENUE FUNDS __________ __________
POSITIONS - 2.000 2.000 GENERAL FUND TOTAL $26,546 $28,277
LEGISLATIVE COUNT
Personal Services $114,088 $120,314
OTHER SPECIAL 2023-24 2024-25
All Other $17,185 $17,410 REVENUE FUNDS
__________ __________ Personal Services $41,498 $44,197
OTHER SPECIAL REVENUE $131,273 $137,724
All Other $1,001 $1,066
FUNDS TOTAL __________ __________
Division of Licensing and Certification Z036 OTHER SPECIAL REVENUE $42,499 $45,263
FUNDS TOTAL
Initiative: Establishes one Social Services Program
Specialist II position and one Health Services Consult- DIVISION OF LICENSING AND
ant II position funded 65% Other Special Revenue CERTIFICATION Z036
Funds and 35% General Fund in the Division of Licens- PROGRAM SUMMARY
ing and Certification program to investigate complaints
in acute care facilities. This initiative also provides GENERAL FUND 2023-24 2024-25
funding for related All Other costs. Personal Services $246,757 $260,654
All Other $22,879 $22,879
GENERAL FUND 2023-24 2024-25 __________ __________
Personal Services $72,159 $75,879 GENERAL FUND TOTAL $269,636 $283,533
All Other $9,152 $9,152
__________ __________ OTHER SPECIAL 2023-24 2024-25
GENERAL FUND TOTAL $81,311 $85,031 REVENUE FUNDS
POSITIONS - 8.000 8.000
OTHER SPECIAL 2023-24 2024-25 LEGISLATIVE COUNT
REVENUE FUNDS Personal Services $524,460 $553,702
POSITIONS - 2.000 2.000 All Other $378,388 $379,335
LEGISLATIVE COUNT __________ __________
Personal Services $134,012 $140,915 OTHER SPECIAL REVENUE $902,848 $933,037
All Other $23,874 $24,207 FUNDS TOTAL
__________ __________
OTHER SPECIAL REVENUE $157,886 $165,122 Dorothea Dix Psychiatric Center Z222
FUNDS TOTAL Initiative: Provides funding for statewide technology
Division of Licensing and Certification Z036 services provided by the Department of Administrative
and Financial Services, Office of Information Technol-
Initiative: Establishes one Identification Specialist II ogy.
position for the Background Check Center and provides
funding for related All Other costs. GENERAL FUND 2023-24 2024-25
All Other $85,815 $76,246
OTHER SPECIAL 2023-24 2024-25 __________ __________
REVENUE FUNDS GENERAL FUND TOTAL $85,815 $76,246
POSITIONS - 1.000 1.000
LEGISLATIVE COUNT Dorothea Dix Psychiatric Center Z222
Personal Services $74,010 $77,947 Initiative: Establishes one Intensive Case Manager po-
All Other $8,481 $8,576 sition and one Clinical Social Worker position effective
__________ __________
OTHER SPECIAL REVENUE $82,491 $86,523
July 1, 2023 and establishes one Intensive Case Man-
FUNDS TOTAL ager position and one Social Services Program Special-
765
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
ist I position effective July 1, 2024 funded 100% Dor- This initiative also transfers All Other funds from the
othea Dix Psychiatric Center program, General Fund to General Fund to the Federal Block Grant Fund in the
expand outpatient services from 25 patients to 60 pa- Early Childhood Consultation Program.
tients. This initiative also provides funding for related GENERAL FUND 2023-24 2024-25
All Other costs. Personal Services ($107,711) ($113,615)
GENERAL FUND 2023-24 2024-25 All Other ($1,422,375) ($1,493,017)
POSITIONS - 2.000 4.000 __________ __________
LEGISLATIVE COUNT GENERAL FUND TOTAL ($1,530,086) ($1,606,632)
Personal Services $188,121 $386,770
All Other $19,611 $45,759 FEDERAL BLOCK GRANT 2023-24 2024-25
__________ __________ FUND
GENERAL FUND TOTAL $207,732 $432,529 Personal Services $107,711 $113,615
All Other $1,431,570 $1,502,673
DOROTHEA DIX PSYCHIATRIC CENTER Z222 __________ __________
PROGRAM SUMMARY FEDERAL BLOCK GRANT $1,539,281 $1,616,288
FUND TOTAL
GENERAL FUND 2023-24 2024-25
POSITIONS - 2.000 4.000 EARLY CHILDHOOD CONSULTATION
LEGISLATIVE COUNT PROGRAM Z280
Personal Services $188,121 $386,770 PROGRAM SUMMARY
All Other $105,426 $122,005
__________ __________ GENERAL FUND 2023-24 2024-25
GENERAL FUND TOTAL $293,547 $508,775 Personal Services ($107,711) ($113,615)
All Other ($1,422,375) ($1,493,017)
Drinking Water Enforcement 0728 __________ __________
Initiative: Provides funding for federal matching pur- GENERAL FUND TOTAL ($1,530,086) ($1,606,632)
poses under federal water programs to be used for re-
volving loan funds for drinking water systems and FEDERAL BLOCK GRANT 2023-24 2024-25
wastewater treatment. FUND
Personal Services $107,711 $113,615
GENERAL FUND 2023-24 2024-25 All Other $1,431,570 $1,502,673
All Other $3,500,000 $3,500,000 __________ __________
__________ __________ FEDERAL BLOCK GRANT $1,539,281 $1,616,288
GENERAL FUND TOTAL $3,500,000 $3,500,000 FUND TOTAL
766
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
767
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
General Assistance - Reimbursement to Cities and position and one Assistant Attorney General position
Towns 0130 dedicated to the Department of Health and Human Ser-
vices funded 71% General Fund and 29% Federal Ex-
Initiative: Provides one-time allocation in order to meet
projected obligations in the General Assistance - Reim- penditures Fund in the IV-E Foster Care/Adoption As-
sistance program.
bursement to Cities and Towns program.
GENERAL FUND 2023-24 2024-25
OTHER SPECIAL 2023-24 2024-25
All Other $165,620 $173,403
REVENUE FUNDS
__________ __________
All Other $5,500,000 $0
GENERAL FUND TOTAL $165,620 $173,403
__________ __________
OTHER SPECIAL REVENUE $5,500,000 $0
FEDERAL EXPENDITURES 2023-24 2024-25
FUNDS TOTAL
FUND
GENERAL ASSISTANCE - REIMBURSEMENT All Other $70,000 $73,289
TO CITIES AND TOWNS 0130 __________ __________
FEDERAL EXPENDITURES $70,000 $73,289
PROGRAM SUMMARY FUND TOTAL
GENERAL FUND 2023-24 2024-25 IV-E Foster Care/Adoption Assistance 0137
All Other $10,527,347 $0
__________ __________ Initiative: Provides allocation to align with available re-
GENERAL FUND TOTAL $10,527,347 $0 sources.
FEDERAL EXPENDITURES 2023-24 2024-25
OTHER SPECIAL 2023-24 2024-25
FUND
REVENUE FUNDS
All Other $5,000,000 $5,000,000
POSITIONS - 2.000 2.000
__________ __________
LEGISLATIVE COUNT
FEDERAL EXPENDITURES $5,000,000 $5,000,000
Personal Services $175,520 $185,100
FUND TOTAL
All Other $5,517,625 $17,856
__________ __________ IV-E Foster Care/Adoption Assistance 0137
OTHER SPECIAL REVENUE $5,693,145 $202,956
FUNDS TOTAL Initiative: Provides one-time funding in the IV-E Foster
Care/Adoption Assistance program and the State-
Housing First Program Z374 funded Foster Care/Adoption Assistance program for
Initiative: Establishes one Public Service Manager III the increase in costs due to the number of children in
position and one Social Services Program Manager po- foster care and adoption assistance programs.
sition effective January 1, 2024 in the Housing First GENERAL FUND 2023-24 2024-25
Program, General Fund to provide initial planning and All Other $5,583,897 $2,908,910
administration for the delivery of support and stabiliza- __________ __________
tion services to residents of properties established or de- GENERAL FUND TOTAL $5,583,897 $2,908,910
veloped to provide permanent housing to end chronic IV-E Foster Care/Adoption Assistance 0137
homelessness in the State.
Initiative: Provides funding to increase foster care treat-
GENERAL FUND 2023-24 2024-25
POSITIONS - 2.000 2.000
ment reimbursement rates to increase recruitment and
LEGISLATIVE COUNT retention of foster families in Maine.
Personal Services $125,755 $265,355 GENERAL FUND 2023-24 2024-25
All Other $6,537 $13,074 All Other $19,330 $20,296
__________ __________ __________ __________
GENERAL FUND TOTAL $132,292 $278,429 GENERAL FUND TOTAL $19,330 $20,296
HOUSING FIRST PROGRAM Z374
FEDERAL EXPENDITURES 2023-24 2024-25
PROGRAM SUMMARY FUND
All Other $34,364 $36,082
GENERAL FUND 2023-24 2024-25
__________ __________
POSITIONS - 2.000 2.000
FEDERAL EXPENDITURES $34,364 $36,082
LEGISLATIVE COUNT
FUND TOTAL
Personal Services $125,755 $265,355
All Other $6,537 $13,074 IV-E FOSTER CARE/ADOPTION ASSISTANCE
__________ __________ 0137
GENERAL FUND TOTAL $132,292 $278,429
PROGRAM SUMMARY
IV-E Foster Care/Adoption Assistance 0137
GENERAL FUND 2023-24 2024-25
Initiative: Provides funding to reimburse the Office of
the Attorney General for one Secretary Associate Legal
768
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
All Other $5,768,847 $3,102,609 Initiative: Provides one-time funding for a contracted
__________ __________ consultant to assist personal care agencies with licens-
GENERAL FUND TOTAL $5,768,847 $3,102,609 ing, training and quality standard requirements identi-
fied as a result of Resolve 2021, chapter 117.
FEDERAL EXPENDITURES 2023-24 2024-25
FUND GENERAL FUND 2023-24 2024-25
All Other $5,104,364 $5,109,371 All Other $221,000 $442,000
__________ __________ __________ __________
FEDERAL EXPENDITURES $5,104,364 $5,109,371 GENERAL FUND TOTAL $221,000 $442,000
FUND TOTAL Long Term Care - Office of Aging and Disability
Lifespan Waiver Z370 Services 0420
Initiative: Provides funding for a new MaineCare Initiative: Establishes one Public Service Manager II
lifespan waiver, which will offer the services currently position funded 50% Long Term Care - Office of Aging
offered under the department's rule Chapter 101: and Disability Services program, General Fund and
MaineCare Benefits Manual, Chapters II and III, Sec- 50% Office of MaineCare Services program, Federal
tions 21 and 29 and also incorporate innovations such Expenditures Fund to manage the nursing facility pro-
as self-directed services, employment options and tran- gram and payment reform efforts. This initiative also
sition services. provides funding for related All Other costs.
GENERAL FUND 2023-24 2024-25 GENERAL FUND 2023-24 2024-25
All Other $0 $770,908 POSITIONS - 1.000 1.000
__________ __________ LEGISLATIVE COUNT
GENERAL FUND TOTAL $0 $770,908 Personal Services $63,805 $67,434
All Other $3,269 $3,269
LIFESPAN WAIVER Z370 __________ __________
PROGRAM SUMMARY GENERAL FUND TOTAL $67,074 $70,703
GENERAL FUND 2023-24 2024-25 Long Term Care - Office of Aging and Disability
All Other $0 $770,908 Services 0420
__________ __________ Initiative: Provides funding for a projected increase in
GENERAL FUND TOTAL $0 $770,908
participation in the atypical waiver services program.
Long Term Care - Office of Aging and Disability GENERAL FUND 2023-24 2024-25
Services 0420 All Other $18,602 $19,904
Initiative: Provides funding for statewide technology __________ __________
services provided by the Department of Administrative GENERAL FUND TOTAL $18,602 $19,904
and Financial Services, Office of Information Technol- LONG TERM CARE - OFFICE OF AGING AND
ogy. DISABILITY SERVICES 0420
GENERAL FUND 2023-24 2024-25 PROGRAM SUMMARY
All Other $241,700 $241,700
__________ __________ GENERAL FUND 2023-24 2024-25
GENERAL FUND TOTAL $241,700 $241,700 POSITIONS - 1.000 1.000
LEGISLATIVE COUNT
Long Term Care - Office of Aging and Disability Personal Services $63,805 $67,434
Services 0420 All Other $2,770,619 $3,896,224
__________ __________
Initiative: Provides ongoing funding for home- GENERAL FUND TOTAL $2,834,424 $3,963,658
delivered meals to replace expected decreases in federal
COVID-19 funding in order to extend home-delivered Maine Center for Disease Control and Prevention
meal services to homebound older adults and adults re- 0143
ceiving services under the Office of Aging and Disabil- Initiative: Provides funding to increase the hours of one
ity Services rule Chapter 5, Section 63, In-Home and part-time Medical Support Specialist Records position
Community Support Services for Elderly and Other from 40 to 80 hours biweekly and reallocates the posi-
Adults. tion from 100% Data, Research and Vital Statistics pro-
GENERAL FUND 2023-24 2024-25 gram, General Fund to 50% Data, Research and Vital
All Other $2,286,048 $3,189,351 Statistics program, General Fund and 50% Maine Cen-
__________ __________ ter for Disease Control and Prevention program, Fed-
GENERAL FUND TOTAL $2,286,048 $3,189,351 eral Expenditures Fund and also adjusts funding for re-
Long Term Care - Office of Aging and Disability lated All Other costs.
Services 0420 FEDERAL EXPENDITURES 2023-24 2024-25
FUND
769
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
770
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
Maine Center for Disease Control and Prevention POSITIONS - 1.000 1.000
0143 LEGISLATIVE COUNT
Personal Services $109,974 $116,162
Initiative: Eliminates one vacant Office Assistant II po- All Other $6,537 $6,537
sition and one vacant part-time Public Health Educator __________ __________
III position from the Maine Center for Disease Control FEDERAL EXPENDITURES $116,511 $122,699
and Prevention program. FUND - ARP TOTAL
FEDERAL EXPENDITURES 2023-24 2024-25 Maine Health Insurance Marketplace Trust Fund
FUND Z292
POSITIONS - (1.500) (1.500)
LEGISLATIVE COUNT Initiative: Establishes one Public Service Coordinator II
All Other ($62,712) ($65,936) position funded 100% Maine Health Insurance Market-
__________ __________ place Trust Fund program, Other Special Revenue
FEDERAL EXPENDITURES ($62,712) ($65,936) Funds to support insurance carrier relations and pro-
FUND TOTAL vides funding for related All Other costs.
OTHER SPECIAL 2023-24 2024-25
OTHER SPECIAL 2023-24 2024-25
REVENUE FUNDS
REVENUE FUNDS
POSITIONS - 1.000 1.000
All Other ($16,539) ($17,262)
LEGISLATIVE COUNT
__________ __________
Personal Services $120,347 $126,793
OTHER SPECIAL REVENUE ($16,539) ($17,262)
All Other $9,599 $9,754
FUNDS TOTAL
__________ __________
MAINE CENTER FOR DISEASE CONTROL OTHER SPECIAL REVENUE $129,946 $136,547
AND PREVENTION 0143 FUNDS TOTAL
771
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
772
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
Initiative: Adjusts funding and rates to reflect the elim- in future years, as needed, once actual enrollment data
ination of health care services from the service provider is more certain.
tax under the Maine Revised Statutes, Title 36, section GENERAL FUND 2023-24 2024-25
2552, effective January 1, 2025. All Other $361,603 $4,526,364
GENERAL FUND 2023-24 2024-25 __________ __________
All Other $0 $223,635 GENERAL FUND TOTAL $361,603 $4,526,364
__________ __________
GENERAL FUND TOTAL $0 $223,635 FEDERAL EXPENDITURES 2023-24 2024-25
FUND
OTHER SPECIAL 2023-24 2024-25 All Other $2,835,890 $9,205,834
REVENUE FUNDS __________ __________
All Other $0 ($12,639,934) FEDERAL EXPENDITURES $2,835,890 $9,205,834
__________ __________ FUND TOTAL
OTHER SPECIAL REVENUE $0 ($12,639,934)
FUNDS TOTAL FEDERAL BLOCK GRANT 2023-24 2024-25
FUND
MEDICAID SERVICES - DEVELOPMENTAL All Other ($7,138,573) ($6,709,689)
SERVICES Z210 __________ __________
PROGRAM SUMMARY FEDERAL BLOCK GRANT ($7,138,573) ($6,709,689)
FUND TOTAL
GENERAL FUND 2023-24 2024-25
All Other ($9,165) $214,470 Medical Care - Payments to Providers 0147
__________ __________ Initiative: Provides funding to implement a rate study
GENERAL FUND TOTAL ($9,165) $214,470 for therapeutic foster care and develop a new level of
multidimensional treatment foster care service to be in-
OTHER SPECIAL 2023-24 2024-25 cluded in the department's rule Chapter 101: MaineCare
REVENUE FUNDS
All Other ($2,304,897) ($13,786,423)
Benefits Manual beginning in state fiscal year 2024-25.
__________ __________ GENERAL FUND 2023-24 2024-25
OTHER SPECIAL REVENUE ($2,304,897) ($13,786,423) All Other $0 $1,972,599
FUNDS TOTAL __________ __________
GENERAL FUND TOTAL $0 $1,972,599
Medical Care - Payments to Providers 0147
Initiative: Provides funding for adding 50 new members FEDERAL EXPENDITURES 2023-24 2024-25
per month for services for adults with intellectual and FUND
developmental disabilities provided under the depart- All Other $0 $3,308,791
ment's rule Chapter 101: MaineCare Benefits Manual, __________ __________
Chapter II, Section 29, Support Services for Adults with FEDERAL EXPENDITURES $0 $3,308,791
FUND TOTAL
Intellectual Disabilities or Autism Spectrum Disorder,
and Chapter III, Section 29, Allowances for Support Medical Care - Payments to Providers 0147
Services for Adults with Intellectual Disabilities or Au-
tism Spectrum Disorder, until 900 new members in total Initiative: Adjusts funding in the Medical Care - Pay-
have been added. ments to Providers program between the General Fund
and Other Special Revenue Funds related to rebasing
FEDERAL EXPENDITURES 2023-24 2024-25 the hospital tax year from fiscal year 2017-18 to fiscal
FUND year 2019-20.
All Other $5,402,795 $15,955,379
__________ __________ GENERAL FUND 2023-24 2024-25
FEDERAL EXPENDITURES $5,402,795 $15,955,379 All Other $0 $5,408,048
FUND TOTAL __________ __________
GENERAL FUND TOTAL $0 $5,408,048
Medical Care - Payments to Providers 0147
Initiative: Provides funding to waive all Children's OTHER SPECIAL 2023-24 2024-25
REVENUE FUNDS
Health Insurance Program premiums and expand eligi- All Other $0 ($5,408,048)
bility for the current Medicaid expansion Children's __________ __________
Health Insurance Program population from 157% to OTHER SPECIAL REVENUE $0 ($5,408,048)
208% of the federal poverty level for March 1, 2023 FUNDS TOTAL
then to expand Children's Health Insurance Program el-
igibility and coverage for adults 19 or 20 years of age Medical Care - Payments to Providers 0147
to 300% of the federal poverty level for October 1, Initiative: Reduces funding for supplemental payments
2023. This is a preliminary estimate that will be updated to hospitals.
773
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
GENERAL FUND 2023-24 2024-25 and to align reimbursement with the cost, quality and
All Other $0 ($1,256,707) value of services.
__________ __________
GENERAL FUND TOTAL $0 ($1,256,707) GENERAL FUND 2023-24 2024-25
All Other $0 $6,271,119
FEDERAL EXPENDITURES 2023-24 2024-25 __________ __________
FUND GENERAL FUND TOTAL $0 $6,271,119
All Other $0 ($3,069,730)
__________ __________ FEDERAL EXPENDITURES 2023-24 2024-25
FEDERAL EXPENDITURES $0 ($3,069,730) FUND
FUND TOTAL All Other $0 $15,962,985
__________ __________
Medical Care - Payments to Providers 0147 FEDERAL EXPENDITURES $0 $15,962,985
FUND TOTAL
Initiative: Provides funding for a high MaineCare utili-
zation add-on payment to private nonmedical institu- FEDERAL BLOCK GRANT 2023-24 2024-25
tions that care for residents who are older or disabled, FUND
or PNMI-Cs, as a bridge to broader payment reform that All Other $0 $265,896
will go into effect January 1, 2025. __________ __________
GENERAL FUND 2023-24 2024-25 FEDERAL BLOCK GRANT $0 $265,896
All Other $2,427,500 $2,427,500 FUND TOTAL
__________ __________ Medical Care - Payments to Providers 0147
GENERAL FUND TOTAL $2,427,500 $2,427,500
Initiative: Provides funding for a new MaineCare
OTHER SPECIAL 2023-24 2024-25 lifespan waiver, which will offer the services currently
REVENUE FUNDS offered under the department's rule Chapter 101:
All Other $319,149 $319,149 MaineCare Benefits Manual, Chapters II and III, Sec-
__________ __________ tions 21 and 29 and also incorporate innovations such
OTHER SPECIAL REVENUE $319,149 $319,149 as self-directed services, employment options and tran-
FUNDS TOTAL sition services.
Medical Care - Payments to Providers 0147 FEDERAL EXPENDITURES 2023-24 2024-25
Initiative: Provides funding for implementation of mul- FUND
tidimensional family therapy services effective January All Other $0 $1,540,588
__________ __________
1, 2025 under the department's rule Chapter 101: FEDERAL EXPENDITURES $0 $1,540,588
MaineCare Benefits Manual, Chapter III, Section 65, FUND TOTAL
Behavioral Health Services.
Medical Care - Payments to Providers 0147
GENERAL FUND 2023-24 2024-25
All Other $0 $318,826 Initiative: Adjusts funding in various MaineCare ac-
__________ __________ counts to reflect impacts from the May 1, 2023 revenue
GENERAL FUND TOTAL $0 $318,826 forecasting projections.
FEDERAL EXPENDITURES 2023-24 2024-25 GENERAL FUND 2023-24 2024-25
FUND All Other $1,197,712 $1,197,712
All Other $0 $512,311 __________ __________
__________ __________ GENERAL FUND TOTAL $1,197,712 $1,197,712
FEDERAL EXPENDITURES $0 $512,311
FUND TOTAL OTHER SPECIAL 2023-24 2024-25
REVENUE FUNDS
FEDERAL BLOCK GRANT 2023-24 2024-25 All Other ($1,197,712) ($1,197,712)
FUND __________ __________
All Other $0 $37,869 OTHER SPECIAL REVENUE ($1,197,712) ($1,197,712)
__________ __________ FUNDS TOTAL
FEDERAL BLOCK GRANT $0 $37,869 Medical Care - Payments to Providers 0147
FUND TOTAL
Initiative: Provides funding for inpatient psychiatric
Medical Care - Payments to Providers 0147 and substance use disorder services rates pursuant to
Initiative: Provides one-time funding toward broader Public Law 2023, chapter 3, Part S, section 1.
reimbursement reform for acute care hospitals under GENERAL FUND 2023-24 2024-25
Chapter III, Section 45 of the department's rule Chapter All Other $2,721,202 $2,922,518
101: MaineCare Benefits Manual to improve the trans- __________ __________
parency and accountability of hospital reimbursement GENERAL FUND TOTAL $2,721,202 $2,922,518
774
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
775
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
776
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
777
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
778
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
779
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
780
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
781
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
Initiative: Provides funding to support the increased Office of MaineCare Services 0129
cost of the behavioral health professional training and Initiative: Establishes one Public Service Coordinator I
certificate program. position, funded 50% General Fund and 50% Federal
GENERAL FUND 2023-24 2024-25 Expenditures Fund in the Office of MaineCare Services
All Other $223,887 $223,887 program, and provides funding for related All Other
__________ __________ costs.
GENERAL FUND TOTAL $223,887 $223,887 GENERAL FUND 2023-24 2024-25
POSITIONS - 1.000 1.000
FEDERAL EXPENDITURES 2023-24 2024-25 LEGISLATIVE COUNT
FUND Personal Services $58,241 $61,505
All Other $229,289 $229,289 All Other $3,269 $3,269
__________ __________ __________ __________
FEDERAL EXPENDITURES $229,289 $229,289 GENERAL FUND TOTAL $61,510 $64,774
FUND TOTAL
Office of MaineCare Services 0129 FEDERAL EXPENDITURES 2023-24 2024-25
FUND
Initiative: Provides one-time funding to create an inde- Personal Services $58,236 $61,501
pendent behavioral health level-of-care assessment pro- All Other $4,753 $4,832
cess using a standardized instrument for youth seeking __________ __________
behavioral health services, funded 25% General Fund FEDERAL EXPENDITURES $62,989 $66,333
and 75% Federal Expenditures Fund, and also provides FUND TOTAL
funding to manage referrals to children's residential care Office of MaineCare Services 0129
facilities, funded 50% General Fund and 50% Federal
Expenditures Fund in the Office of MaineCare Services Initiative: Establishes one Public Service Manager II
program. position funded 50% General Fund and 50% Federal
Expenditures Fund in the Office of MaineCare Services
GENERAL FUND 2023-24 2024-25
program and provides funding for related All Other
All Other $300,000 $300,000
__________ __________
costs.
GENERAL FUND TOTAL $300,000 $300,000 GENERAL FUND 2023-24 2024-25
POSITIONS - 1.000 1.000
FEDERAL EXPENDITURES 2023-24 2024-25 LEGISLATIVE COUNT
FUND Personal Services $63,805 $67,434
All Other $819,304 $819,304 All Other $3,269 $3,269
782
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
783
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
784
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
and Mental Health Services program, General Fund and Initiative: Provides funding in the Office of Substance
provides funding for related All Other costs. Abuse and Mental Health Services program, Other Spe-
GENERAL FUND 2023-24 2024-25
cial Revenue Funds to support 2 new adult drug treat-
POSITIONS - 1.000 1.000 ment courts through a memorandum of understanding
LEGISLATIVE COUNT with the judicial branch and for data collection through
Personal Services $99,718 $105,397 the Behavioral Health Services Information System
All Other $6,537 $6,537 agreement in accordance with 42 United States Code,
__________ __________ Section 290aa-4.
GENERAL FUND TOTAL $106,255 $111,934
OTHER SPECIAL 2023-24 2024-25
Office of Substance Abuse and Mental Health REVENUE FUNDS
Services Z199 All Other $1,123,028 $1,001,692
__________ __________
Initiative: Provides funding to increase the hours of one OTHER SPECIAL REVENUE $1,123,028 $1,001,692
Comprehensive Health Planner II position from 66 FUNDS TOTAL
hours to 80 hours biweekly funded 100% Office of Sub-
stance Abuse and Mental Health Services program, Office of Substance Abuse and Mental Health
Federal Block Grant Fund. This initiative also provides Services Z199
funding for related All Other costs. Initiative: Provides funding for mental health and sub-
FEDERAL BLOCK GRANT 2023-24 2024-25 stance use disorder services for uninsured clients to
FUND align with expected MaineCare rate increases under the
Personal Services $18,191 $18,365 department's rule Chapter 101: MaineCare Benefits
All Other $633 $639 Manual, Chapter III, Section 65, Behavioral Health Ser-
__________ __________ vices, and Section 17, Allowances for Community Sup-
FEDERAL BLOCK GRANT $18,824 $19,004 port Services.
FUND TOTAL
GENERAL FUND 2023-24 2024-25
Office of Substance Abuse and Mental Health All Other $936,329 $936,329
Services Z199 __________ __________
GENERAL FUND TOTAL $936,329 $936,329
Initiative: Establishes one Comprehensive Health Plan-
ner II position for the prescription monitoring program. Office of Substance Abuse and Mental Health
This initiative also provides funding for related All Services Z199
Other costs. Initiative: Provides ongoing funding for the operations
GENERAL FUND 2023-24 2024-25 of one substance use disorder treatment center, located
POSITIONS - 1.000 1.000 in either Kennebec County or Washington County.
LEGISLATIVE COUNT
GENERAL FUND 2023-24 2024-25
Personal Services $99,718 $105,397
All Other $1,600,000 $1,600,000
All Other $6,537 $6,537
__________ __________
__________ __________
GENERAL FUND TOTAL $1,600,000 $1,600,000
GENERAL FUND TOTAL $106,255 $111,934
Office of Substance Abuse and Mental Health Office of Substance Abuse and Mental Health
Services Z199 Services Z199
Initiative: Transfers and reallocates one Business Data Initiative: Provides one-time funding for the develop-
Analytics Specialist position from 100% General Fund ment of one substance use disorder treatment center, lo-
in the Office of Substance Abuse and Mental Health cated in either Kennebec County or Washington
Services program to 50% General Fund and 50% Fed- County.
eral Expenditures Fund in the Office of MaineCare Ser- GENERAL FUND 2023-24 2024-25
vices program and transfers funding for related All All Other $400,000 $0
Other costs. __________ __________
GENERAL FUND TOTAL $400,000 $0
GENERAL FUND 2023-24 2024-25
POSITIONS - (1.000) (1.000) OFFICE OF SUBSTANCE ABUSE AND
LEGISLATIVE COUNT MENTAL HEALTH SERVICES Z199
Personal Services ($108,373) ($109,366)
All Other ($6,537) ($6,537) PROGRAM SUMMARY
__________ __________ GENERAL FUND 2023-24 2024-25
GENERAL FUND TOTAL ($114,910) ($115,903) POSITIONS - 1.000 1.000
Office of Substance Abuse and Mental Health LEGISLATIVE COUNT
Personal Services $91,063 $101,428
Services Z199
785
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
786
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
787
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
788
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
789
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
790
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
due to an increase in cases and contracted mediations Human Rights Commission - Regulation 0150
and conciliations. This initiative also provides funding
for related All Other costs. Initiative: Provides funding for statewide technology
services provided by the Department of Administrative
GENERAL FUND 2023-24 2024-25 and Financial Services, Office of Information Technol-
POSITIONS - 1.000 1.000 ogy.
LEGISLATIVE COUNT
Personal Services $85,846 $90,981 GENERAL FUND 2023-24 2024-25
All Other $4,439 $4,439 All Other $1,122 $1,122
__________ __________ __________ __________
GENERAL FUND TOTAL $90,285 $95,420 GENERAL FUND TOTAL $1,122 $1,122
Human Rights Commission - Regulation 0150 Human Rights Commission - Regulation 0150
Initiative: Establishes one Maine Human Rights Inves- Initiative: Provides funding to bring allocations in line
tigator position to allow the commission to meet statu- with projected revenue.
tory requirements for completing investigations and ad- FEDERAL EXPENDITURES 2023-24 2024-25
dress a significant case inventory arising out of in- FUND
creased and more complex case filings due to the All Other $100,025 $90,895
COVID-19 pandemic. This initiative also provides __________ __________
funding for related All Other costs. FEDERAL EXPENDITURES $100,025 $90,895
FUND TOTAL
GENERAL FUND 2023-24 2024-25
POSITIONS - 1.000 1.000 HUMAN RIGHTS COMMISSION -
LEGISLATIVE COUNT REGULATION 0150
Personal Services $94,712 $90,735
All Other $4,235 $4,235 PROGRAM SUMMARY
__________ __________ GENERAL FUND 2023-24 2024-25
GENERAL FUND TOTAL $98,947 $94,970 POSITIONS - 2.000 2.000
Human Rights Commission - Regulation 0150 LEGISLATIVE COUNT
Personal Services $180,558 $181,716
Initiative: Provides funding for statewide insurance All Other $45,325 $46,224
coverage provided through the Department of Admin- __________ __________
istrative and Financial Services, risk management divi- GENERAL FUND TOTAL $225,883 $227,940
sion based on claims experience, coverage increases, at-
torney's fees on claims and actuarially recommended re- FEDERAL EXPENDITURES 2023-24 2024-25
serves. FUND
All Other $100,025 $90,895
GENERAL FUND 2023-24 2024-25 __________ __________
All Other $3,920 $3,920 FEDERAL EXPENDITURES $100,025 $90,895
__________ __________ FUND TOTAL
GENERAL FUND TOTAL $3,920 $3,920
HUMAN RIGHTS
Human Rights Commission - Regulation 0150 COMMISSION, MAINE
Initiative: Provides funding for the commission's share DEPARTMENT TOTALS 2023-24 2024-25
of the cost for the financial and human resources service
centers within the Department of Administrative and Fi- GENERAL FUND $225,883 $227,940
nancial Services. FEDERAL $100,025 $90,895
EXPENDITURES FUND
GENERAL FUND 2023-24 2024-25 __________ __________
All Other $25,040 $25,939 DEPARTMENT TOTAL - $325,908 $318,835
__________ __________ ALL FUNDS
GENERAL FUND TOTAL $25,040 $25,939
Sec. A-23. Appropriations and alloca-
Human Rights Commission - Regulation 0150 tions. The following appropriations and allocations
Initiative: Provides funding for the Maine Human are made.
Rights Commission to move fully into the Department INDIAN TRIBAL-STATE COMMISSION,
of Administrative and Financial Services, Office of In- MAINE
formation Technology support model.
Maine Indian Tribal-state Commission 0554
GENERAL FUND 2023-24 2024-25
All Other $575 $575 Initiative: Provides funding for additional staff to more
__________ __________ effectively address the Maine Indian Tribal-State Com-
GENERAL FUND TOTAL $575 $575 mission's multiple statutory responsibilities regarding a
wide range of tribal-state issues.
791
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
GENERAL FUND 2023-24 2024-25 Initiative: Transfers 2 Paralegal positions, 4 Public Ser-
All Other $156,886 $156,886 vice Manager II positions and related All Other costs
__________ __________ for reimbursements for assigned legal counsel from
GENERAL FUND TOTAL $156,886 $156,886 Other Special Revenue Funds to the General Fund
MAINE INDIAN TRIBAL-STATE COMMISSION within the same program.
0554 GENERAL FUND 2023-24 2024-25
PROGRAM SUMMARY POSITIONS - 0.000 6.000
LEGISLATIVE COUNT
GENERAL FUND 2023-24 2024-25 Personal Services $0 $713,543
All Other $156,886 $156,886 All Other $0 $8,565,533
__________ __________ __________ __________
GENERAL FUND TOTAL $156,886 $156,886 GENERAL FUND TOTAL $0 $9,279,076
Sec. A-24. Appropriations and alloca- OTHER SPECIAL 2023-24 2024-25
tions. The following appropriations and allocations REVENUE FUNDS
are made. POSITIONS - 0.000 (6.000)
INDIGENT LEGAL SERVICES, MAINE LEGISLATIVE COUNT
COMMISSION ON Personal Services $0 ($713,543)
All Other $0 ($8,565,533)
Maine Commission on Indigent Legal Services __________ __________
Z112 OTHER SPECIAL REVENUE $0 ($9,279,076)
FUNDS TOTAL
Initiative: Provides funding for statewide technology
services provided by the Department of Administrative Maine Commission on Indigent Legal Services
and Financial Services, Office of Information Technol- Z112
ogy. Initiative: Adjusts funding authorized in Public Law
GENERAL FUND 2023-24 2024-25 2023, chapter 17 by increasing funding in the Maine
All Other $28,079 $28,079 Commission on Indigent Legal Services program, Gen-
__________ __________ eral Fund account and decreasing funding in the Maine
GENERAL FUND TOTAL $28,079 $28,079 Commission on Indigent Legal Services program, Other
Maine Commission on Indigent Legal Services Special Revenue Funds account because the Other Spe-
Z112 cial Revenue Funds account is instead funded with a
General Fund appropriation.
Initiative: Provides funding for the commission's share
of the cost for the financial and human resources service GENERAL FUND 2023-24 2024-25
All Other $0 $12,506,910
centers within the Department of Administrative and Fi- __________ __________
nancial Services. GENERAL FUND TOTAL $0 $12,506,910
GENERAL FUND 2023-24 2024-25
All Other $36,730 $38,214 OTHER SPECIAL 2023-24 2024-25
__________ __________ REVENUE FUNDS
GENERAL FUND TOTAL $36,730 $38,214 All Other $0 ($12,506,910)
__________ __________
Maine Commission on Indigent Legal Services OTHER SPECIAL REVENUE $0 ($12,506,910)
Z112 FUNDS TOTAL
Initiative: Establishes one Deputy Executive Director Maine Commission on Indigent Legal Services
position, one District Defender position, 3 Assistant Z112
Public Defender II positions, 3 Assistant Public De-
fender I positions, 2 Paralegal positions and one Legal Initiative: Makes a one-time reduction in All Other
Secretary position and provides funding for related All funding in fiscal year 2023-24 and fiscal year 2024-25.
Other costs. GENERAL FUND 2023-24 2024-25
GENERAL FUND 2023-24 2024-25 All Other ($5,000,000) ($5,000,000)
POSITIONS - 11.000 11.000 __________ __________
LEGISLATIVE COUNT GENERAL FUND TOTAL ($5,000,000) ($5,000,000)
Personal Services $1,503,256 $1,575,655 MAINE COMMISSION ON INDIGENT LEGAL
All Other $102,509 $65,109 SERVICES Z112
__________ __________
GENERAL FUND TOTAL $1,605,765 $1,640,764 PROGRAM SUMMARY
Maine Commission on Indigent Legal Services GENERAL FUND 2023-24 2024-25
Z112 POSITIONS - 11.000 17.000
LEGISLATIVE COUNT
792
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
793
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
794
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
Initiative: Provides funding for dispatch services pro- Initiative: Provides funding for statewide central fleet
vided by the Department of Public Safety. management services provided by the Department of
GENERAL FUND 2023-24 2024-25
Administrative and Financial Services.
All Other $77,974 $117,439 GENERAL FUND 2023-24 2024-25
__________ __________ All Other $44,798 $56,613
GENERAL FUND TOTAL $77,974 $117,439 __________ __________
GENERAL FUND TOTAL $44,798 $56,613
Enforcement Operations - Inland Fisheries and
Wildlife 0537 Fisheries and Hatcheries Operations 0535
Initiative: Provides funding for statewide central fleet Initiative: Provides funding for the increased costs of
management services provided by the Department of fish food to maintain the same level of usage.
Administrative and Financial Services. GENERAL FUND 2023-24 2024-25
GENERAL FUND 2023-24 2024-25 All Other $242,382 $266,266
All Other $478,924 $593,841 __________ __________
__________ __________ GENERAL FUND TOTAL $242,382 $266,266
GENERAL FUND TOTAL $478,924 $593,841
Fisheries and Hatcheries Operations 0535
Enforcement Operations - Inland Fisheries and
Initiative: Establishes one Public Service Coordinator I
Wildlife 0537
position within the Bureau of Resource Management
Initiative: Provides funding for contracted wildlife con- funded in the Resource Management Services - Inland
flict management personnel to manage complaints and Fisheries and Wildlife program, 40% Federal Expendi-
concerns regarding wildlife conflicts from residents. tures Fund and 23% General Fund and in the Fisheries
GENERAL FUND 2023-24 2024-25
and Hatcheries Operations program, 18% Federal Ex-
All Other $163,446 $163,446 penditures Fund and 7% General Fund and in the En-
__________ __________ dangered Nongame Operations program, 12% Federal
GENERAL FUND TOTAL $163,446 $163,446 Expenditures Fund and provides funding for related All
Other costs.
Enforcement Operations - Inland Fisheries and
Wildlife 0537 GENERAL FUND 2023-24 2024-25
Personal Services $7,507 $7,912
Initiative: Provides funding to hire more examiners and __________ __________
additional pay to conduct the guide's licensing training. GENERAL FUND TOTAL $7,507 $7,912
GENERAL FUND 2023-24 2024-25
FEDERAL EXPENDITURES 2023-24 2024-25
All Other $57,600 $57,600
FUND
__________ __________
Personal Services $19,302 $20,344
GENERAL FUND TOTAL $57,600 $57,600
All Other $581 $613
Enforcement Operations - Inland Fisheries and __________ __________
Wildlife 0537 FEDERAL EXPENDITURES $19,883 $20,957
FUND TOTAL
Initiative: Provides funding for increased costs of elec-
tricity, heating, insurance, maintenance, services, Fisheries and Hatcheries Operations 0535
equipment and other operating expenses associated Initiative: Provides one-time funding for the replace-
with information and education, resource management, ment of one one-ton fish-stocking truck, one 2-ton fish-
licensing and warden service. stocking truck, one fish-stocking truck bed and one set
GENERAL FUND 2023-24 2024-25 of fish-stocking tanks.
All Other $139,510 $139,510 GENERAL FUND 2023-24 2024-25
__________ __________ Capital Expenditures $150,000 $0
GENERAL FUND TOTAL $139,510 $139,510 __________ __________
ENFORCEMENT OPERATIONS - INLAND GENERAL FUND TOTAL $150,000 $0
FISHERIES AND WILDLIFE 0537 Fisheries and Hatcheries Operations 0535
PROGRAM SUMMARY Initiative: Provides one-time funding for the replace-
GENERAL FUND 2023-24 2024-25 ment of one boat, one boat motor, one boat trailer, 2
All Other $917,454 $1,071,836 snowmobiles and one electrofishing backpack.
__________ __________
GENERAL FUND 2023-24 2024-25
GENERAL FUND TOTAL $917,454 $1,071,836
Capital Expenditures $2,750 $12,750
Fisheries and Hatcheries Operations 0535 __________ __________
GENERAL FUND TOTAL $2,750 $12,750
795
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
FEDERAL EXPENDITURES 2023-24 2024-25 Licensing Services - Inland Fisheries and Wildlife
FUND 0531
Capital Expenditures $26,625 $0 Initiative: Provides one-time funding in the Capital Ex-
__________ __________ penditures line category for the repair of the basement
FEDERAL EXPENDITURES $26,625 $0
FUND TOTAL
ceiling and bunkroom at the Jonesboro regional facility.
OTHER SPECIAL 2023-24 2024-25
Fisheries and Hatcheries Operations 0535 REVENUE FUNDS
Initiative: Provides funding for increased costs of elec- Capital Expenditures $180,000 $0
tricity, heating, insurance, maintenance, services, __________ __________
equipment and other operating expenses associated OTHER SPECIAL REVENUE $180,000 $0
with information and education, resource management, FUNDS TOTAL
licensing and warden service. Licensing Services - Inland Fisheries and Wildlife
GENERAL FUND 2023-24 2024-25 0531
All Other $108,931 $112,173 Initiative: Provides funding for increased costs of elec-
__________ __________ tricity, heating, insurance, maintenance, services,
GENERAL FUND TOTAL $108,931 $112,173 equipment and other operating expenses associated
FISHERIES AND HATCHERIES OPERATIONS with information and education, resource management,
0535 licensing and warden service.
PROGRAM SUMMARY GENERAL FUND 2023-24 2024-25
All Other $100,000 $110,000
GENERAL FUND 2023-24 2024-25 __________ __________
Personal Services $7,507 $7,912 GENERAL FUND TOTAL $100,000 $110,000
All Other $396,111 $435,052
Capital Expenditures $161,625 $12,750 LICENSING SERVICES - INLAND FISHERIES
__________ __________ AND WILDLIFE 0531
GENERAL FUND TOTAL $565,243 $455,714
PROGRAM SUMMARY
FEDERAL EXPENDITURES 2023-24 2024-25 GENERAL FUND 2023-24 2024-25
FUND All Other $100,000 $110,000
Personal Services $19,302 $20,344 __________ __________
All Other $581 $613 GENERAL FUND TOTAL $100,000 $110,000
Capital Expenditures $34,875 $38,250
__________ __________ OTHER SPECIAL 2023-24 2024-25
FEDERAL EXPENDITURES $54,758 $59,207 REVENUE FUNDS
FUND TOTAL Capital Expenditures $280,000 $180,000
__________ __________
Licensing Services - Inland Fisheries and Wildlife
OTHER SPECIAL REVENUE $280,000 $180,000
0531 FUNDS TOTAL
Initiative: Provides one-time funding for the removal of Office of the Commissioner - Inland Fisheries and
the St. Zacharie facility. Wildlife 0529
OTHER SPECIAL 2023-24 2024-25
REVENUE FUNDS
Capital Expenditures $100,000 $0
796
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
Initiative: Provides funding to maintain application sup- Public Information and Education, Division of 0729
port service and end-user support provided by the De-
partment of Administrative and Financial Services, Of- Initiative: Provides funding for statewide central fleet
management services provided by the Department of
fice of Information Technology. Administrative and Financial Services.
GENERAL FUND 2023-24 2024-25
GENERAL FUND 2023-24 2024-25
All Other $258,361 $263,731
All Other $5,061 $6,286
__________ __________
__________ __________
GENERAL FUND TOTAL $258,361 $263,731
GENERAL FUND TOTAL $5,061 $6,286
Office of the Commissioner - Inland Fisheries and
Wildlife 0529 Public Information and Education, Division of 0729
Initiative: Provides funding for statewide central fleet Initiative: Establishes 2 seasonal Gamekeeper positions
for 32 weeks at the Maine Wildlife Park and reduces
management services provided by the Department of related contracted service costs in All Other.
Administrative and Financial Services.
OTHER SPECIAL 2023-24 2024-25
GENERAL FUND 2023-24 2024-25
REVENUE FUNDS
All Other $6,509 $7,652
POSITIONS - FTE COUNT 1.230 1.230
__________ __________
Personal Services $86,012 $90,616
GENERAL FUND TOTAL $6,509 $7,652
All Other ($30,245) ($30,098)
Office of the Commissioner - Inland Fisheries and __________ __________
Wildlife 0529 OTHER SPECIAL REVENUE $55,767 $60,518
FUNDS TOTAL
Initiative: Provides funding for statewide property
leases provided through the Department of Administra- Public Information and Education, Division of 0729
tive and Financial Services, division of leased space. Initiative: Provides one-time funding for the replace-
GENERAL FUND 2023-24 2024-25 ment of the administrative building at the Maine Wild-
All Other $224,208 $237,108 life Park.
__________ __________ OTHER SPECIAL 2023-24 2024-25
GENERAL FUND TOTAL $224,208 $237,108 REVENUE FUNDS
Office of the Commissioner - Inland Fisheries and Capital Expenditures $1,100,000 $0
Wildlife 0529 __________ __________
OTHER SPECIAL REVENUE $1,100,000 $0
Initiative: Provides one-time funding for the replace- FUNDS TOTAL
ment of the administrative building at the Maine Wild-
life Park. Public Information and Education, Division of 0729
GENERAL FUND 2023-24 2024-25
Initiative: Provides funding for the increased costs in
Capital Expenditures $537,035 $0 general operations, repairs and store inventory at the
__________ __________ Maine Wildlife Park.
GENERAL FUND TOTAL $537,035 $0 OTHER SPECIAL 2023-24 2024-25
Office of the Commissioner - Inland Fisheries and REVENUE FUNDS
Wildlife 0529 All Other $203,523 $203,523
__________ __________
Initiative: Provides funding for the department's share OTHER SPECIAL REVENUE $203,523 $203,523
of the cost for the financial and human resources service FUNDS TOTAL
centers within the Department of Administrative and Fi- Public Information and Education, Division of 0729
nancial Services.
Initiative: Provides funding for increased costs of elec-
GENERAL FUND 2023-24 2024-25
tricity, heating, insurance, maintenance, services,
All Other $109,357 $129,105
__________ __________
equipment and other operating expenses associated
GENERAL FUND TOTAL $109,357 $129,105 with information and education, resource management,
licensing and warden service.
OFFICE OF THE COMMISSIONER - INLAND
FISHERIES AND WILDLIFE 0529 GENERAL FUND 2023-24 2024-25
All Other $30,510 $30,510
PROGRAM SUMMARY __________ __________
GENERAL FUND TOTAL $30,510 $30,510
GENERAL FUND 2023-24 2024-25
All Other $598,435 $637,596 PUBLIC INFORMATION AND EDUCATION,
Capital Expenditures $537,035 $0 DIVISION OF 0729
__________ __________
GENERAL FUND TOTAL $1,135,470 $637,596 PROGRAM SUMMARY
797
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
798
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
Special Revenue Funds within the same program and OTHER SPECIAL 2023-24 2024-25
provides funding for related All Other costs. REVENUE FUNDS
Personal Services $24,649 $25,994
FEDERAL EXPENDITURES 2023-24 2024-25 All Other $742 $783
FUND __________ __________
POSITIONS - 1.000 1.000 OTHER SPECIAL REVENUE $25,391 $26,777
LEGISLATIVE COUNT FUNDS TOTAL
Personal Services $63,195 $66,932
All Other $1,903 $2,016 Resource Management Services - Inland Fisheries
__________ __________ and Wildlife 0534
FEDERAL EXPENDITURES $65,098 $68,948
FUND TOTAL Initiative: Establishes one Forester I position within the
Bureau of Resource Management funded 75% Federal
OTHER SPECIAL 2023-24 2024-25 Expenditures Fund and 25% Other Special Revenue
REVENUE FUNDS Funds within the same program and provides funding
Personal Services $21,064 $22,307 for related All Other costs.
All Other $634 $672 FEDERAL EXPENDITURES 2023-24 2024-25
__________ __________
FUND
OTHER SPECIAL REVENUE $21,698 $22,979
POSITIONS - 1.000 1.000
FUNDS TOTAL
LEGISLATIVE COUNT
Resource Management Services - Inland Fisheries Personal Services $68,923 $72,738
and Wildlife 0534 All Other $2,076 $2,191
__________ __________
Initiative: Establishes one IF&W Senior Resource Biol- FEDERAL EXPENDITURES $70,999 $74,929
ogist position within the Bureau of Resource Manage- FUND TOTAL
ment funded in the Resource Management Services -
Inland Fisheries and Wildlife program, 60% Federal OTHER SPECIAL 2023-24 2024-25
Expenditures Fund and 20% General Fund and in the REVENUE FUNDS
Endangered Nongame Operations program, 15% Fed- Personal Services $22,970 $24,243
eral Expenditures Fund and 5% General Fund and re- All Other $692 $730
duces related contract service costs in All Other. __________ __________
OTHER SPECIAL REVENUE $23,662 $24,973
GENERAL FUND 2023-24 2024-25 FUNDS TOTAL
Personal Services $20,877 $21,997
__________ __________ Resource Management Services - Inland Fisheries
GENERAL FUND TOTAL $20,877 $21,997 and Wildlife 0534
Initiative: Provides one-time funding for the replace-
FEDERAL EXPENDITURES 2023-24 2024-25 ment of 3 department-owned bridges.
FUND
POSITIONS - 1.000 1.000 GENERAL FUND 2023-24 2024-25
LEGISLATIVE COUNT Capital Expenditures $46,250 $0
Personal Services $62,632 $65,990 __________ __________
All Other ($36,835) ($36,733) GENERAL FUND TOTAL $46,250 $0
__________ __________
FEDERAL EXPENDITURES $25,797 $29,257 FEDERAL EXPENDITURES 2023-24 2024-25
FUND TOTAL FUND
Capital Expenditures $138,750 $0
Resource Management Services - Inland Fisheries __________ __________
and Wildlife 0534 FEDERAL EXPENDITURES $138,750 $0
Initiative: Establishes one Forester II position within the FUND TOTAL
Bureau of Resource Management funded 75% Federal Resource Management Services - Inland Fisheries
Expenditures Fund and 25% Other Special Revenue and Wildlife 0534
Funds within the same program and provides funding
for related All Other costs. Initiative: Provides one-time funding for the replace-
ment of 9 all-terrain vehicles, 7 snowmobiles, 2 snow-
FEDERAL EXPENDITURES 2023-24 2024-25 mobile trailers, one boat trailer and one tractor.
FUND
POSITIONS - 1.000 1.000 GENERAL FUND 2023-24 2024-25
LEGISLATIVE COUNT Capital Expenditures $1,050 $50,000
Personal Services $73,954 $77,994 __________ __________
All Other $2,227 $2,349 GENERAL FUND TOTAL $1,050 $50,000
__________ __________
FEDERAL EXPENDITURES $76,181 $80,343 FEDERAL EXPENDITURES 2023-24 2024-25
FUND TOTAL FUND
799
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
800
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
801
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
Courts - Supreme, Superior and District 0063 Courts - Supreme, Superior and District 0063
Initiative: Establishes one Assistant Systems Adminis- Initiative: Provides one-time funding for alternative dis-
trator position effective July 1, 2023. pute resolution information system updates.
GENERAL FUND 2023-24 2024-25 GENERAL FUND 2023-24 2024-25
POSITIONS - 1.000 1.000 All Other $50,000 $0
LEGISLATIVE COUNT __________ __________
Personal Services $135,624 $143,089 GENERAL FUND TOTAL $50,000 $0
__________ __________
GENERAL FUND TOTAL $135,624 $143,089 Courts - Supreme, Superior and District 0063
Courts - Supreme, Superior and District 0063 Initiative: Provides funding for increased Google Enter-
prise licensing costs.
Initiative: Provides one-time funding for increased
Maine Judicial Information System support costs. GENERAL FUND 2023-24 2024-25
All Other $50,000 $50,000
GENERAL FUND 2023-24 2024-25 __________ __________
All Other $250,000 $250,000 GENERAL FUND TOTAL $50,000 $50,000
__________ __________
GENERAL FUND TOTAL $250,000 $250,000 Courts - Supreme, Superior and District 0063
Courts - Supreme, Superior and District 0063 Initiative: Reduces funding to align allocations with
projected available resources.
Initiative: Establishes 2 Electronic Filing Specialist po-
sitions and one Electronic Filing Supervisor position ef- OTHER SPECIAL 2023-24 2024-25
REVENUE FUNDS
fective July 1, 2023. All Other ($788,997) ($793,729)
GENERAL FUND 2023-24 2024-25 __________ __________
POSITIONS - 3.000 3.000 OTHER SPECIAL REVENUE ($788,997) ($793,729)
LEGISLATIVE COUNT FUNDS TOTAL
Personal Services $272,927 $288,751
__________ __________
Courts - Supreme, Superior and District 0063
GENERAL FUND TOTAL $272,927 $288,751 Initiative: Provides funding for increased Microsoft
Courts - Supreme, Superior and District 0063 SQL Server costs.
Initiative: Establishes 2 Service Center/Violations Bu- GENERAL FUND 2023-24 2024-25
All Other $160,000 $160,000
reau Assistant Clerk positions effective July 1, 2023 and __________ __________
provides funding for related All Other costs. GENERAL FUND TOTAL $160,000 $160,000
GENERAL FUND 2023-24 2024-25 Courts - Supreme, Superior and District 0063
POSITIONS - 2.000 2.000
LEGISLATIVE COUNT Initiative: Provides funding for increased courier ser-
Personal Services $155,980 $165,028 vices costs.
All Other $7,267 $7,267
__________ __________ GENERAL FUND 2023-24 2024-25
GENERAL FUND TOTAL $163,247 $172,295 All Other $62,000 $62,000
__________ __________
Courts - Supreme, Superior and District 0063 GENERAL FUND TOTAL $62,000 $62,000
Initiative: Provides funding for contracted cybersecu- Courts - Supreme, Superior and District 0063
rity services.
Initiative: Establishes 3 District Court Judge positions
GENERAL FUND 2023-24 2024-25 and one Superior Court Justice position effective July
All Other $50,000 $50,000 1, 2023 and establishes 2 District Court Judge posi-
__________ __________ tions, 2 Deputy Marshal positions and 2 Assistant Clerk
GENERAL FUND TOTAL $50,000 $50,000 positions effective July 1, 2024. This initiative also pro-
Courts - Supreme, Superior and District 0063 vides funding for related All Other costs.
Initiative: Establishes one Odyssey Administrator posi- GENERAL FUND 2023-24 2024-25
tion effective July 1, 2023. POSITIONS - 4.000 10.000
LEGISLATIVE COUNT
GENERAL FUND 2023-24 2024-25 Personal Services $800,500 $1,562,058
POSITIONS - 1.000 1.000 All Other $92,800 $112,760
LEGISLATIVE COUNT __________ __________
Personal Services $135,624 $143,089 GENERAL FUND TOTAL $893,300 $1,674,818
__________ __________
GENERAL FUND TOTAL $135,624 $143,089 Courts - Supreme, Superior and District 0063
802
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
Initiative: Provides a one-time allocation to the Judicial centers within the Department of Administrative and
Department for distribution by determination of the Finanical Services.
Civil Legal Services Fund Commission for civil legal OTHER SPECIAL 2023-24 2024-25
services for persons who otherwise are not able to pay REVENUE FUNDS
for those services. All Other $221,615 $226,680
OTHER SPECIAL 2023-24 2024-25 __________ __________
REVENUE FUNDS OTHER SPECIAL REVENUE $221,615 $226,680
All Other $4,000,000 $0 FUNDS TOTAL
__________ __________ Administration - Labor 0030
OTHER SPECIAL REVENUE $4,000,000 $0
FUNDS TOTAL Initiative: Provides funding for the proposed reorgani-
COURTS - SUPREME, SUPERIOR AND zation of one CareerCenter Consultant position to an
Associate Commissioner - Department of Labor posi-
DISTRICT 0063
tion and transfers and reallocates the cost from 100%
PROGRAM SUMMARY Employment Services Activity program, Federal Ex-
GENERAL FUND 2023-24 2024-25
penditures Fund to 92.3% Other Special Revenue Funds
POSITIONS - 24.000 40.000 and 7.7% General Fund within the Administration -
LEGISLATIVE COUNT Labor program.
Personal Services $2,698,444 $4,442,751 GENERAL FUND 2023-24 2024-25
All Other $1,931,367 $1,901,327 Personal Services $10,915 $11,497
__________ __________ __________ __________
GENERAL FUND TOTAL $4,629,811 $6,344,078 GENERAL FUND TOTAL $10,915 $11,497
803
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
Blind and Visually Impaired - Division for the 0126 Initiative: Continues 2 Unemployment Compensation
Team Leader positions and one Assistant Unemploy-
Initiative: Provides funding for job support services for ment Compensation Team Leader position, previously
people who are blind or visually impaired.
continued by Public Law 2021, chapter 29, through
GENERAL FUND 2023-24 2024-25 June 7, 2025.
All Other $600,000 $300,000
__________ __________ FEDERAL EXPENDITURES 2023-24 2024-25
GENERAL FUND TOTAL $600,000 $300,000 FUND
Personal Services $301,353 $317,985
Blind and Visually Impaired - Division for the 0126 All Other $6,054 $6,388
__________ __________
Initiative: Provides funding for the increased contrac- FEDERAL EXPENDITURES $307,407 $324,373
tual personnel and benefits costs for teachers of visually FUND TOTAL
impaired students.
EMPLOYMENT SECURITY SERVICES 0245
GENERAL FUND 2023-24 2024-25
All Other $200,000 $200,000 PROGRAM SUMMARY
__________ __________
FEDERAL EXPENDITURES 2023-24 2024-25
GENERAL FUND TOTAL $200,000 $200,000
FUND
BLIND AND VISUALLY IMPAIRED - DIVISION Personal Services $332,325 $350,951
FOR THE 0126 All Other $6,669 $7,043
__________ __________
PROGRAM SUMMARY FEDERAL EXPENDITURES $338,994 $357,994
GENERAL FUND 2023-24 2024-25 FUND TOTAL
All Other $800,000 $500,000
__________ __________ FEDERAL EXPENDITURES 2023-24 2024-25
GENERAL FUND TOTAL $800,000 $500,000 FUND - ARP
All Other $808,332 $1,152,659
FEDERAL EXPENDITURES 2023-24 2024-25 __________ __________
FUND FEDERAL EXPENDITURES $808,332 $1,152,659
FUND - ARP TOTAL
Personal Services $7,995 $4,956
All Other $159 $98 Employment Services Activity 0852
__________ __________
FEDERAL EXPENDITURES $8,154 $5,054 Initiative: Provides funding for the proposed reorgani-
FUND TOTAL zation of one Labor Program Specialist position to a
Program Manager Employment and Training position.
Employment Security Services 0245
GENERAL FUND 2023-24 2024-25
Initiative: Provides funding for the unemployment in- Personal Services $6,968 $7,485
surance navigator grant funded by the federal American __________ __________
Rescue Plan Act of 2021. GENERAL FUND TOTAL $6,968 $7,485
FEDERAL EXPENDITURES 2023-24 2024-25 Employment Services Activity 0852
FUND - ARP
All Other $808,332 $1,152,659 Initiative: Provides funding for the proposed reorgani-
__________ __________ zation of one CareerCenter Consultant position to an
FEDERAL EXPENDITURES $808,332 $1,152,659 Associate Commissioner - Department of Labor posi-
FUND - ARP TOTAL tion and transfers and reallocates the cost from 100%
Employment Security Services 0245 Employment Services Activity program, Federal Ex-
penditures Fund to 92.3% Other Special Revenue Funds
Initiative: Provides funding for the approved reorgani- and 7.7% General Fund within the Administration - La-
zation of one Field Advisor Examiner position to an Un- bor program.
employment Compensation Fraud Investigation Man-
FEDERAL EXPENDITURES 2023-24 2024-25
ager position. FUND
FEDERAL EXPENDITURES 2023-24 2024-25 POSITIONS - (1.000) (1.000)
FUND LEGISLATIVE COUNT
Personal Services $30,972 $32,966 Personal Services ($81,728) ($85,955)
All Other $615 $655 All Other ($1,338) ($1,407)
__________ __________ __________ __________
FEDERAL EXPENDITURES $31,587 $33,621 FEDERAL EXPENDITURES ($83,066) ($87,362)
FUND TOTAL FUND TOTAL
Employment Security Services 0245 Employment Services Activity 0852
804
FIRST SPECIAL SESSION - 2023 PUBLIC LAW, C. 412
Initiative: Provides funding for the proposed reorgani- FEDERAL EXPENDITURES 2023-24 2024-25
zation of one CareerCenter Consultant position to a Pro- FUND
gram Manager Employment and Training position and POSITIONS - (5.000) (5.000)
related All Other costs. LEGISLATIVE COUNT
Personal Services ($408,994) ($427,306)
FEDERAL EXPENDITURES 2023-24 2024-25 All Other ($356,696) ($356,995)
FUND __________ __________
Personal Services $15,037 $16,223 FEDERAL EXPENDITURES ($765,690) ($784,301)
All Other $246 $266 FUND TOTAL
__________ __________
FEDERAL EXPENDITURES $15,283 $16,489 OTHER SPECIAL 2023-24 2024-25
FUND TOTAL REVENUE FUNDS
Employment Services Activity 0852 All Other $2,750,000 $500
__________ __________
Initiative: Transfers All Other and 6 positions from the OTHER SPECIAL REVENUE $2,750,000 $500
Employment Services Activity program to the Maine FUNDS TOTAL
Apprenticeship Program and reallocates one of the po- Labor Relations Board 0160
sitions from 100% Employment Services Activity pro-
gram, Federal Expenditures Fund to 100% Maine Ap- Initiative: Provides funding for anticipated increased
prenticeship Program, General Fund. Position detail is costs of court reporting services for labor relations cases
on file with the Bureau of the Budget. that are adjudicated by the Maine Labor Relations
Board.
GENERAL FUND 2023-24 2024-25
POSITIONS - (2.000) (2.000) GENERAL FUND 2023-24 2024-25
LEGISLATIVE COUNT All Other $22,789 $22,789
Personal Services ($228,595) ($235,695) __________ __________
All Other ($575,000) ($575,000) GENERAL FUND TOTAL $22,789 $22,789
__________ __________
GENERAL FUND TOTAL ($803,595) ($810,695)
LABOR RELATIONS BOARD 0160
PROGRAM SUMMARY
FEDERAL EXPENDITURES 2023-24 2024-25
FUND GENERAL FUND 2023-24 2024-25
POSITIONS - (4.000) (4.000) All Other $22,789 $22,789
LEGISLATIVE COUNT __________ __________
Personal Services ($342,303) ($357,574) GENERAL FUND TOTAL $22,789 $22,789
All Other ($355,604) ($355,854) Maine Apprenticeship Program Z375
__________ __________
FEDERAL EXPENDITURES ($697,907) ($713,428) Initiative: Transfers All Other and 6 positions from the
FUND TOTAL Employment Services Activity program to the Maine
Apprenticeship Program and reallocates one of the po-
Employment Services Activity 0852 sitions from 100% Employment Services Activity pro-
Initiative: Provides one-time funding for workforce at- gram, Federal Expenditures Fund to 100% Maine Ap-
traction, career exploration and job-related supports in prenticeship Program, General Fund. Position detail is
order to bring new or returning workers into the State's on file with the Bureau of the Budget.
workforce. GENERAL FUND 2023-24 2024-25
OTHER SPECIAL 2023-24 2024-25 POSITIONS - 3.000 3.000
REVENUE FUNDS LEGISLATIVE COUNT
All Other $2,750,000 $500 Personal Services $325,360 $337,873
__________ __________ All Other $575,000 $575,000
OTHER SPECIAL REVENUE $2,750,000 $500 __________ __________
FUNDS TOTAL GENERAL FUND TOTAL $900,360 $912,873
EMPLOYMENT SERVICES ACTIVITY 0852 FEDERAL EXPENDITURES 2023-24 2024-25
PROGRAM SUMMARY FUND
POSITIONS - 3.000 3.000
GENERAL FUND 2023-24 2024-25 LEGISLATIVE COUNT
POSITIONS - (2.000) (2.000) Personal Services $245,538 $255,396
LEGISLATIVE COUNT All Other $3,148,813 $1,696,357
Personal Services ($221,627) ($228,210) __________ __________
All Other ($575,000) ($575,000) FEDERAL EXPENDITURES $3,394,351 $1,951,753
__________ __________ FUND TOTAL
GENERAL FUND TOTAL ($796,627) ($803,210)
MAINE APPRENTICESHIP PROGRAM Z375
805
PUBLIC LAW, C. 412 FIRST SPECIAL SESSION - 2023
Paid Family and Medical Leave Insurance Fund RACIAL, INDIGENOUS AND MAINE TRIBAL
N453 POPULATIONS Z287
Initiative: Allocates ongoing funds for 2 Tax Section PROGRAM SUMMARY
Manager positions, one Labor Program Specialist posi- OTHER SPECIAL 2023-24 2024-25
tion, one Senior Hearing Examiner position, 4 Account- REVENUE FUNDS
ing Associate II positions, 4 Accounting Specialist po- All Other ($500) ($500)
sitions, 4 Hearing Officer positions, one Financial Ana- __________ __________
lyst position, 3 Field Advisor positions and 3 Auditor II OTHER SPECIAL REVENUE ($500) ($500)
positions to administer the paid family and medical FUNDS TOTAL
leave benefits program. Regulation and Enforcement 0159
OTHER SPECIAL 2023-24 2024-25 Initiative: Provides funding for an increased share of
REVENUE FUNDS administrative support within the Office of the Attorney
POSITIONS - 0.000 23.000
LEGISLATIVE COUNT
General.
Personal Services $0 $1,786,800 GENERAL FUND 2023-24 2024-25
__________ __________ All Other $27,179 $28,449
OTHER SPECIAL REVENUE $0 $1,786,800 __________ __________
FUNDS TOTAL GENERAL FUND TOTAL $27,179 $28,449
Paid Family and Medical Leave Insurance Fund Regulation and Enforcement 0159
N453
Initiative: Reallocates one Chief Labor and Safety In-
spector position from 92% General Fund in the Regula-
tion and Enforcement program and 8% Other Special
Revenue Funds in the Safety Education and Training