HP1552, LD 2169, item 1, An Act To Correct Inconsistencies, Conflicts and Errors in the Laws of Maine

An Act To Correct Inconsistencies, Conflicts and Errors in the Laws of Maine

Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas, acts of this and previous Legislatures have resulted in certain technical inconsistencies, conflicts and errors in the laws of Maine; and

Whereas, these inconsistencies, conflicts and errors create uncertainties and confusion in interpreting legislative intent; and

Whereas, it is vitally necessary that these uncertainties and this confusion be resolved in order to prevent any injustice or hardship to the citizens of Maine; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 4 MRSA §1051, as amended by PL 2019, c. 59, §1 and c. 475, §49, is repealed and the following enacted in its place:

§ 1051. Legal holidays

Court may not be held on Sunday or any day designated for the annual Thanksgiving; New Year's Day, January 1st; Martin Luther King, Jr., Day, the 3rd Monday in January; Washington's Birthday, the 3rd Monday in February; Patriot's Day, the 3rd Monday in April; Memorial Day, the last Monday in May, but if the Federal Government designates May 30th as the date for observance of Memorial Day, the 30th of May; the 4th of July; Labor Day, the first Monday of September; Indigenous Peoples Day, the 2nd Monday in October; Veterans Day, November 11th; or on Christmas Day. The Chief Justice of the Supreme Judicial Court may order that court be held on a legal holiday when the Chief Justice finds that the interests of justice and judicial economy in any particular case will be served. The public offices in county buildings may be closed to business on the holidays named in this section. When any one of the holidays named in this section falls on Sunday, the Monday following must be observed as a holiday, with all the privileges applying to any of the days named in this section.

Sec. 2. 5 MRSA §1531, sub-§2, as amended by PL 2019, c. 343, Pt. D, §2 and Pt. IIII, §1, is repealed and the following enacted in its place:

2. Average personal income growth. "Average personal income growth" means the average for the prior 10 calendar years, ending with the most recent calendar year for which data is available, of the percent change in personal income in this State, as estimated by the United States Department of Commerce, Bureau of Economic Analysis. The average personal income growth is determined by October 1st, annually, by the State Economist.

Sec. 3. 5 MRSA §1710-D, as amended by PL 2019, c. 343, Pt. D, §4 and Pt. IIII, §2, is repealed and the following enacted in its place:

§ 1710-D. Staffing

The commission may receive staff support from the Department of Administrative and Financial Services and the Department of Labor.

Sec. 4. 5 MRSA §1710-I, as amended by PL 2019, c. 343, Pt. D, §5 and Pt. IIII, §3, is repealed and the following enacted in its place:

§ 1710-I. Staffing

The committee may receive staff assistance from the Department of Administrative and Financial Services and, at the discretion of the Legislature, the Office of Fiscal and Program Review. The committee may also utilize other professionals having revenue forecasting, economic and fiscal expertise.

Sec. 5. 5 MRSA c. 167, as enacted by PL 2019, c. 471, §1 and c. 472, §1, is repealed and the following enacted in its place:

CHAPTER 167

MAINE PRESCRIPTION DRUG AFFORDABILITY BOARD

§ 2041. Maine Prescription Drug Affordability Board established

1. Board established. The Maine Prescription Drug Affordability Board, as established in section 12004-G, subsection 14-I and referred to in this chapter as "the board," shall carry out the purposes of this chapter.

2. Membership. The board has 5 members with expertise in health care economics or clinical medicine, who may not be affiliated with or represent the interests of a public payor, as that term is defined in section 2042, and who are appointed as follows:

A. Two members by the President of the Senate. The President of the Senate shall also appoint one alternate board member who will participate in deliberations of the board in the event a member appointed by the President of the Senate elects to be recused as provided in subsection 7, paragraph B;

B. Two members by the Speaker of the House of Representatives. The Speaker of the House of Representatives shall also appoint one alternate board member who will participate in deliberations of the board in the event a member appointed by the Speaker of the House of Representatives elects to be recused as provided in subsection 7, paragraph B; and

C. One member by the Governor. The Governor shall also appoint one alternate board member who will participate in deliberations of the board in the event the member appointed by the Governor elects to be recused as provided in subsection 7, paragraph B.

3. Terms. Members are appointed to 5-year terms. Of the initial appointees, the member appointed by the Governor serves an initial term of 5 years, one member appointed by the President of the Senate and one member appointed by the Speaker of the House of Representatives serve an initial term of 4 years and one member appointed by the President of the Senate and one member appointed by the Speaker of the House of Representatives serve an initial term of 3 years.

4. Quorum. A majority of board members constitutes a quorum.

5. Chair. The Governor shall name the chair.

6. Meetings. Beginning no later than March 1, 2020, the board shall meet in public session at least every 12 weeks to review prescription drug information and to make recommendations pursuant to section 2042. Meetings may be cancelled or postponed at the discretion of the chair.

A. Each public meeting must be announced 2 weeks in advance, and materials for the meeting must be made public at least one week in advance.

B. Each public meeting must provide opportunity for comment from the public in attendance at the meeting, and the board shall provide the opportunity for the public to submit written comments on pending decisions.

C. The board may allow expert testimony at public meetings and any meeting conducted in executive session as permitted by paragraph D.

D. Notwithstanding the requirements of Title 1, section 405, the board may meet in executive session, except that any decision of the board must be made in public.

7. Conflicts of interest. The following provisions govern any conflict of interest for a member of the board, a member of the advisory council established pursuant to subsection 10 or any staff member or contractor of the board.

A. When appointing a member of the board or the advisory council established pursuant to subsection 10, the appointing authority shall consider any conflict of interest disclosed by the prospective member. A member shall elect to be recused from any board activity in the case in which the member or an immediate family member of the member has a conflict of interest. For the purposes of this paragraph, "conflict of interest" means an association, including a financial or personal association, that has the potential to bias or have the appearance of biasing an individual's decisions in matters related to the board or the conduct of the board's activities.

B. A board member or staff or contractor of the board with a conflict of interest shall elect to be recused. For purposes of this paragraph, "conflict of interest" means any instance in which a member of the board or an immediate family member of the member has received or could receive either of the following:

(1) A direct financial benefit of any amount deriving from the results or findings of a study or determination by or for the board; or

(2) A financial benefit from individuals or companies that own or manufacture prescription drugs, services or items to be studied by the board that in the aggregate exceeds $5,000 per year. For purposes of this subparagraph, "financial benefit" includes honoraria, fees, stock or other financial benefit and the current value of the member's or immediate family member's already existing stock holdings, in addition to any direct financial benefit deriving from the results or findings conducted under this section.

C. A conflict of interest must be disclosed in the following manner:

(1) By the board in the employment of board senior staff;

(2) By the Governor, President of the Senate or Speaker of the House of Representatives when appointing members to the board and advisory council established pursuant to subsection 10;

(3) By the board, describing any recusals as part of any final decision relating to a prescription drug; and

(4) By the 5th day after a conflict is identified or, if a public meeting of the board will occur within that 5-day period, in advance of the public meeting.

D. Conflicts of interest must be publicly posted on the website of the board. The information disclosed must include the type, nature and magnitude of the interests of the individual involved, except to the extent that the individual elects to be recused from participation in any activity with respect to which the potential conflict exists.

E. The board, the advisory council established pursuant to subsection 10, a member of the board or staff or a contractor of the board may not accept gifts, bequests or donations of services or property that suggest a conflict of interest or have the appearance of creating bias in the work of the board or advisory council.

F. A member of the advisory council established pursuant to subsection 10 who accepts a gift, bequest or donation of services or property that suggests a conflict of interest or has the appearance of creating bias in the work of the advisory council shall disclose the gift, bequest or donation publicly.

8. Staff. The board may employ an executive director, whose salary, to the extent feasible, must comport with state personnel rules and requirements.

9. Compensation. A member of the board and a member of the advisory council appointed pursuant to subsection 10, paragraph L are entitled to legislative per diem and reimbursement for expenses as provided in section 12004-G, subsection 14-I.

10. Advisory council. A 12-member advisory council is established to advise the board on establishing annual spending targets pursuant to section 2042, subsection 1 and determining methods for meeting those spending targets pursuant to section 2042, subsection 3. The advisory council consists of:

A. The Governor or the Governor's designee;

B. The Commissioner of Administrative and Financial Services or the commissioner's designee;

C. The Commissioner of Corrections or the commissioner's designee;

D. The Commissioner of Health and Human Services or the commissioner's designee;

E. The Attorney General or the Attorney General's designee;

F. The Executive Director of Employee Health and Benefits, within the Department of Administrative and Financial Services, Bureau of Human Resources, or the executive director's designee;

G. A representative from the Maine State Employees Association, appointed by the Governor, based on a nomination by the association;

H. A representative from the Maine Education Association, appointed by the Governor, based on a nomination by the association;

I. A representative from the Maine Municipal Association, appointed by the Governor, based on a nomination by the association;

J. A representative from the University of Maine System, appointed by the Governor, based on a nomination by the system;

K. A representative from the Maine Community College System, appointed by the Governor, based on a nomination by the system; and

L. A representative of consumer interests, appointed by the Governor, who serves a 3-year term.

11. Funds and grants. The board may apply for and receive funds, grants or contracts from public and private sources.

12. Assessment. The board may recommend that a public payor, as defined in section 2042, subsection 1, pay an annual assessment to support the administrative costs of the board.

§ 2042. Powers and duties of the board

1. Prescription drug spending targets. The board has the following powers and duties. For the purposes of this section, the term "public payor" means any division of state, county or municipal government that administers a health plan for employees of that division of state, county or municipal government or an association of state, county or municipal employers that administers a health plan for its employees, except for the MaineCare program. The board shall:

A. Beginning for the year 2021 and in consultation with the advisory council established under section 2041, subsection 10, determine annual spending targets for prescription drugs purchased by public payors based upon a 10-year rolling average of the medical care services component of the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index medical care services index plus a reasonable percentage for inflation and minus a spending target determined by the board for pharmacy savings;

B. Determine spending targets on specific prescription drugs that may cause affordability challenges to enrollees in a public payor health plan; and

C. Determine which public payors are likely to exceed the spending targets determined under paragraph A.

2. Prescription drug spending data. The board may consider the following data to accomplish its duties under this section:

A. A public payor's prescription drug spending data, which the 3rd-party administrator or insurer for the public payor's health plan shall provide to the board on behalf of the public payor upon request notwithstanding any provision of law to the contrary, including:

(1) Expenditures and utilization data for prescription drugs for each plan offered by a public payor;

(2) The formulary for each plan offered by a public payor and prescription drugs common to each formulary;

(3) Pharmacy benefit management services and other administrative expenses of the prescription drug benefit for each plan offered by a public payor; and

(4) Enrollee cost sharing for each plan offered by a public payor; and

B. Data compiled by the Maine Health Data Organization under Title 22, chapter 1683.

Prescription drug spending data provided to the board under this subsection is confidential to the same extent it is confidential while in the custody of the entity that provided the data to the board.

3. Recommendations. Based upon the prescription drug spending data received under subsection 2, the board, in consultation with a representative of each public payor identified under subsection 1, paragraph A, shall determine methods for the public payor to meet the spending targets established under subsection 1. The board shall determine whether the following methods reduce costs to individuals purchasing prescription drugs through a public payor and allow public payors to meet the spending targets established under subsection 1:

A. Negotiating specific rebate amounts on the prescription drugs that contribute most to spending that exceeds the spending targets;

B. Changing a formulary when sufficient rebates cannot be secured under paragraph A;

C. Changing a formulary with respect to all of the prescription drugs of a manufacturer within a formulary when sufficient rebates cannot be secured under paragraph A;

D. Establishing a common prescription drug formulary for all public payors;

E. Prohibiting health insurance carriers in the State from offering on their formularies a prescription drug or any of the prescription drugs manufactured by a particular manufacturer when the methods described in paragraph B or C are implemented;

F. Purchasing prescription drugs in bulk or through a single purchasing agreement for use among public payors;

G. Collaborating with other states and state prescription drug purchasing consortia to purchase prescription drugs in bulk or to jointly negotiate rebates;

H. Allowing health insurance carriers providing coverage to small businesses and individuals in the State to participate in the public payor prescription drug benefit for a fee;

I. Procuring common expert services for public payors, including but not limited to pharmacy benefit management services and actuarial services; and

J. Any other method the board may determine.

4. Report. The board shall report its recommendations, including prescription drug spending targets, and the progress of implementing those recommendations to the joint standing committee of the Legislature having jurisdiction over health coverage and insurance matters no later than October 1, 2020 and on January 30th annually thereafter. The joint standing committee may report out legislation based upon the report.

Sec. 6. 5 MRSA c. 168 is enacted to read:

CHAPTER 168

WHOLESALE PRESCRIPTION DRUG IMPORTATION PROGRAM

§ 2045. Authorization

The Wholesale Prescription Drug Importation Program, referred to in this chapter as "the program," is established to provide for the wholesale importation of prescription drugs from Canada by or on behalf of the State. The program must be designed in accordance with the requirements of this chapter. The program may not be implemented unless the State obtains approval and certification, pursuant to section 2046, subsection 3, from the United States Department of Health and Human Services.

§ 2046. Design of program

1. Design requirements. The Department of Health and Human Services, in consultation with appropriate federal and other state agencies, other states and interested parties, shall design the program to comply with the applicable requirements of 21 United States Code, Section 384, including requirements regarding safety and cost savings. The program design must:

A. Designate a state agency to become a licensed drug wholesaler or to contract with a licensed drug wholesaler in order to seek federal certification and approval, pursuant to subsection 3, to import safe prescription drugs and provide cost savings to consumers in the State;

B. Use prescription drug suppliers in Canada regulated under the laws of Canada or of one or more Canadian provinces, or both;

C. Ensure that only prescription drugs meeting the federal Food and Drug Administration's safety, effectiveness and other standards are imported by or on behalf of the State;

D. Import only those prescription drugs expected to generate substantial cost savings for consumers in the State;

E. Ensure that the program complies with the transaction and tracing requirements of 21 United States Code, Sections 360eee and 360eee-1 to the extent feasible and practical prior to imported prescription drugs coming into the possession of the licensed drug wholesaler and that the program complies fully with those federal requirements after imported prescription drugs are in the possession of the licensed drug wholesaler;

F. Consider whether the program may be developed on a multistate basis through collaboration with other states;

G. Prohibit the distribution, dispensing or sale of imported prescription drugs outside of the State;

H. Recommend a charge per prescription or another method of financing to ensure that the program is adequately funded in a manner that does not jeopardize significant cost savings to consumers, including adequate funding for the initial start-up costs of the program;

I. Apply for and receive funds, grants or contracts from public and private sources; and

J. Include an audit function.

2. Rules. The Department of Health and Human Services shall adopt rules to design the program in accordance with the requirements of subsection 1 no later than January 1, 2020. Rules adopted pursuant to this subsection are major substantive rules as defined in chapter 375, subchapter 2-A.

3. Request for federal approval and certification. The Department of Health and Human Services shall submit a request for approval and certification of the program to the United States Department of Health and Human Services no later than May 1, 2020.

§ 2047. Implementation

1. Implementation; operation. Upon receipt of federal approval and certification under section 2046, subsection 3, the state agency designated to oversee the program pursuant to this chapter shall implement the program as required in subsection 2. The program must begin operating no later than 6 months following receipt of federal approval and certification.

2. Requirements. Prior to operating the program, the state agency designated to oversee the program pursuant to this chapter shall:

A. Become a licensed drug wholesaler or enter into a contract with a licensed drug wholesaler in the State;

B. Contract with one or more distributors licensed in the State;

C. Contract with one or more licensed and regulated prescription drug suppliers in Canada;

D. Consult with health insurance carriers, employers, pharmacies, pharmacists, health care providers and consumers;

E. Develop a registration process for health insurance carriers, pharmacies and health care providers authorized to prescribe and administer prescription drugs that are willing to participate in the program;

F. Create a publicly accessible website for listing the prices of prescription drugs to be imported under the program;

G. Create an outreach and marketing plan to generate public awareness of the program;

H. Provide a telephone hotline to answer questions and address needs of consumers, employers, health insurance carriers, pharmacies, health care providers and others affected by the program;

I. Develop a 2-year audit work plan; and

J. Conduct any other activity determined necessary to successfully implement and operate the program.

§ 2048. Annual reporting

Beginning January 2021, and annually thereafter, the Department of Health and Human Services, or other state agency designated to oversee the program pursuant to this chapter, shall report to the joint standing committee of the Legislature having jurisdiction over health coverage and prescription drugs regarding the implementation and operation of the program during the previous calendar year, including:

1. Prescription drugs included. The prescription drugs included in the program;

2. Participation. The number of participating pharmacies, health care providers and health insurance carriers;

3. Prescriptions dispensed. The number of prescription drugs dispensed through the program;

4. Estimated savings. The estimated cost savings to consumers, health insurance carriers, employers and the State during the previous calendar year and to date;

5. Audit findings. Information regarding implementation of the audit work plan and audit findings; and

6. Other relevant information. Any other information the Department of Health and Human Services, or other state agency designated to oversee the program pursuant to this chapter, considers relevant.

Sec. 7. 5 MRSA §3101, sub-§1, as amended by PL 2019, c. 343, Pt. D, §6 and c. 383, §1, is repealed and the following enacted in its place:

1. Director. "Director" means the Director of the Office of Policy Innovation and the Future established by section 3102.

Sec. 8. 5 MRSA §3101, sub-§2, as amended by PL 2019, c. 343, Pt. D, §6 and c. 383, §1, is repealed and the following enacted in its place:

2. Office. "Office" means the Office of Policy Innovation and the Future established by section 3102.

Sec. 9. 5 MRSA §3102, as amended by PL 2019, c. 343, Pt. D, §7 and repealed and replaced by c. 383, §2, is repealed and the following enacted in its place:

§ 3102. Office established; purpose

The Office of Policy Innovation and the Future is established in the Executive Department to: support the creation of a coherent system of policy planning and coordinated implementation as one function and responsibility of the executive branch; serve the Governor as a research, advisory, consultative, coordinating and administrative agency; and advance policies that support a sustainable future for the State's people, communities, natural resources, physical infrastructure, industries, businesses and institutions by:

1. Assistance; data; policy. Providing technical assistance and data to the Governor by undertaking special studies and plans as directed and preparing policy;

2. Coordination. Facilitating general intergovernmental coordination;

3. Innovation. Supporting state efforts to encourage innovation and policy that facilitates innovation in the public and private sectors;

4. Technology. Supporting improved technology use for government programs and advancing responsible state data policies;

5. Resources. Supporting the development of the State's economy and energy resources with the conservation of its natural resources; and

6. Analysis. Conducting ongoing demographic, economic, workforce and other needed analyses to support state policy makers.

Sec. 10. 5 MRSA §3103, as amended by PL 2019, c. 343, Pt. D, §8 and c. 383, §3, is repealed and the following enacted in its place:

§ 3103. Director

The Director of the Office of Policy Innovation and the Future is appointed by the Governor and serves at the pleasure of the Governor.

Sec. 11. 5 MRSA §12004-C, sub-§7, as enacted by PL 1995, c. 676, §1 and affected by §13, is amended to read:

School Board of the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf

Legislative Per Diem and Expenses

20-A MRSA §7406

Sec. 12. 5 MRSA §13056, sub-§3, as amended by PL 2019, c. 343, Pt. D, §9 and Pt. IIII, §4, is repealed and the following enacted in its place:

3. Conduct planning and research. Conduct planning, research and analysis for department needs, but not macroeconomic forecasting, which is the responsibility of the Department of Administrative and Financial Services. The department shall gather and maintain and must have access to all economic and other information necessary to the performance of its duties;

Sec. 13. 5 MRSA §13056, sub-§6, ¶B, as amended by PL 2003, c. 159, §2, is further amended to read:

B. Other community planning and development assistance programs of the former State Planning Office;

Sec. 14. 9-A MRSA §14-105, sub-§5, as enacted by PL 2019, c. 431, §2 and affected by §4, is repealed.

Sec. 15. 10 MRSA §363, sub-§2-A, as amended by PL 2019, c. 343, Pt. D, §11 and Pt. IIII, §5, is repealed and the following enacted in its place:

2-A. Recommendation of Governor and issuers. At any time action of the Legislature under subsection 1-A is necessary or desirable, the Governor shall recommend to the appropriate committee of the Legislature a proposed allocation or reallocation of all or part of the state ceiling. To assist the Governor in making a recommendation of proposed allocations of the state ceiling on private activity bonds, the group of 7 representatives described in subsection 1-A shall make a recommendation regarding allocation or reallocation of the state ceiling. In order to assist the group in making its recommendation and to assist the Governor and the Legislature, the Department of Administrative and Financial Services shall prepare an annual analysis of the State's economic outlook, prevailing interest rate forecasts related to tax-exempt financing by the issuers specifically identified in subsections 4 to 8, the availability to those issuers of alternative financing from sources that do not require an allocation of the state ceiling and the relationship of these factors and various public policy considerations to the allocation or reallocation of the state ceiling. In recommending any allocation or reallocation of the state ceiling to the Legislature, the Governor shall consider the requests and recommendations of those issuers of bonds within the State designated in this section, the recommendations of the group of representatives described in subsection 1-A and the annual analysis of the Department of Administrative and Financial Services.

Sec. 16. 10 MRSA §1310-H, sub-§3, as amended by PL 2019, c. 77, §1 and c. 407, §2, is repealed and the following enacted in its place:

3. Nonliability. A person may not be held liable for any violation of this section if the person shows by a preponderance of the evidence that at the time of the alleged violation the person maintained reasonable procedures to ensure compliance with the provisions of subsections 1, 2, 2-A and 4.

Sec. 17. 10 MRSA §9722, sub-§6, ¶G, as amended by PL 2019, c. 391, §4, is further amended to read:

G. In accordance with section 9723, ensure that training and certification regarding the Maine Uniform Building and Energy Code is readily available, affordable and accessible to municipal building officials; and

Sec. 18. 10 MRSA §9722, sub-§6, ¶I, as amended by PL 2019, c. 391, §4, is further amended to read:

I. Approve methods of energy performance rating for use in generating any consumer information labels that may be required in the marketing and sale of residential and commercial buildings or units within buildings . ; and

Sec. 19. 10 MRSA §9722, sub-§6, ¶M, as repealed by PL 2019, c. 391, §4 and amended by c. 392, §1, is repealed.

Sec. 20. 10 MRSA §9722, sub-§6, ¶N, as repealed by PL 2019, c. 391, §4 and amended by c. 392, §2, is repealed.

Sec. 21. 12 MRSA §8876, sub-§2, as amended by PL 2019, c. 343, Pt. D, §12 and Pt. IIII, §6, is repealed and the following enacted in its place:

2. Future demand. Project future demand for forest resources based on a common economic forecast developed by the Consensus Economic Forecasting Commission and on other appropriate economic projections;

Sec. 22. 12 MRSA §11154, sub-§2, as amended by PL 2017, c. 427, §11 and affected by §19 and amended by c. 458, §1, is repealed and the following enacted in its place:

2. Issuance of moose hunting permits. In accordance with section 11552, the commissioner may issue moose hunting permits and may establish the number of moose hunting permits to be issued for each wildlife management district established by the commissioner by rule open to moose hunting. No more than 8% of the moose hunting permits may be issued to nonresident hunters. No more than 2% of the moose hunting permits may be issued to hunting outfitters in accordance with subsection 14.

Sec. 23. 19-A MRSA §4012, sub-§5, as amended by PL 2019, c. 412, §9, is further amended to read:

5. Arrest in certain situations. When a law enforcement officer has probable cause to believe that there has been a criminal violation under section 4011 of a court-approved consent agreement or a protection order issued pursuant to this chapter or Title 15, chapter 12-A, or that a violation of Title 17-A, section 208-D, 208-E , or 208-F has occurred, that enforcement officer shall arrest and take into custody the alleged offender.

Sec. 24. 20-A MRSA §10, sub-§2, ¶G, as amended by PL 2019, c. 450, §12, is further amended to read:

G. The Maine Municipal Association; and

Sec. 25. 20-A MRSA §10, sub-§2, ¶H, as amended by PL 2019, c. 450, §13, is further amended to read:

H. The Maine Principals Association . ; and

Sec. 26. 22 MRSA §2422, sub-§4-N, as enacted by PL 2019, c. 331, §2 and c. 528, §16, is repealed and the following enacted in its place:

4-N. Immature marijuana plant. "Immature marijuana plant" means a nonflowering marijuana plant that measures more than 24 inches from the base of the main plant stalk to the most distant point of the plant's leaf stems or branches. "Immature marijuana plant" does not include hemp as defined in Title 7, section 2231, subsection 1-A, paragraph D.

Sec. 27. 22 MRSA §2422, sub-§4-S, as enacted by PL 2019, c. 331, §2 and c. 528, §16, is repealed and the following enacted in its place:

4-S. Marijuana concentrate. "Marijuana concentrate" means the resin extracted from any part of a marijuana plant and every compound, manufacture, salt, derivative, mixture or preparation from such resin, including, but not limited to, hashish. "Marijuana concentrate" does not include resin extracted from hemp as defined in Title 7, section 2231, subsection 1-A, paragraph D or any compound, manufacture, salt, derivative, mixture or preparation therefrom.

Sec. 28. 22 MRSA §2428, sub-§1-A, ¶F, as repealed and replaced by PL 2019, c. 331, §24 and c. 354, §7, is repealed and the following enacted in its place:

F. Except as provided in section 2426:

(1) Transfer marijuana plants and harvested marijuana to a qualifying patient and to a caregiver on behalf of a qualifying patient in a retail sale for reasonable compensation;

(2) Transfer marijuana plants and harvested marijuana to a qualifying patient, caregiver or dispensary for no remuneration;

(3) Acquire marijuana plants and harvested marijuana from another dispensary for no remuneration;

(4) Transfer to and accept from a registered caregiver or another dispensary marijuana plants and harvested marijuana in a wholesale transaction in accordance with this paragraph. A dispensary may transfer in wholesale transactions for reasonable compensation or for no remuneration up to 75% of the mature marijuana plants grown by the dispensary over the course of a calendar year, including any marijuana products or marijuana concentrate manufactured from that 75% of the mature marijuana plants grown by the dispensary. A dispensary may transfer to or accept from registered caregivers and dispensaries in wholesale transactions an unlimited amount of immature marijuana plants and seedlings. A dispensary that acquires mature marijuana plants, marijuana products or marijuana concentrate in a wholesale transaction under this subparagraph may not resell the mature marijuana plants, marijuana products or marijuana concentrate except to a qualifying patient or to a caregiver or dispensary to assist a qualifying patient;

(5) Transfer harvested marijuana to a manufacturing facility and accept marijuana products and marijuana concentrate from the manufacturing facility that are produced from the harvested marijuana the dispensary provided to the manufacturing facility; and

(6) Provide samples to a marijuana testing facility for testing and research purposes;

Sec. 29. 22 MRSA §3739, sub-§2, ¶G, as repealed by PL 2019, c. 450, §16 and amended by c. 524, §16, is repealed.

Sec. 30. 24-A MRSA §4316, sub-§4, ¶C, as enacted by PL 2019, c. 289, §2, is amended to read:

C. The enrollee is cognitively and physically capable of operating the mobile health devices or the enrollee has a caregiver willing and able to assist with the mobile health devices; and

Sec. 31. 25 MRSA §1542-A, sub-§1, ¶R, as amended by PL 2019, c. 343, Pt. G, §5; c. 399, §3; c. 402, §3; and c. 416, §3, is repealed and the following enacted in its place:

R. Who is required to have a criminal background check under Title 22, section 8302-A or 8302-B;

Sec. 32. 25 MRSA §1542-A, sub-§1, ¶S, as enacted by PL 2019, c. 399, §4 and c. 402, §4 and reallocated by c. 343, Pt. G, §4 and c. 416, §2, is repealed and the following enacted in its place:

S. Who is required to have a criminal history record check under Title 22, section 2425-A, subsection 3-A;

Sec. 33. 25 MRSA §1542-A, sub-§1, ¶T, as enacted by PL 2019, c. 399, §4; c. 402, §4; and c. 416, §4, is repealed and the following enacted in its place:

T. Who is required to have a criminal history record check under Title 22, section 8110;

Sec. 34. 25 MRSA §1542-A, sub-§1, ¶U is enacted to read:

U. Who is required to have a criminal history record check under Title 19-A, section 2111;

Sec. 35. 25 MRSA §1542-A, sub-§1, ¶V is enacted to read:

V. Who is employed or may be offered employment by the Office of the State Auditor as required under Title 5, section 247.

Sec. 36. 25 MRSA §1542-A, sub-§3, ¶O, as repealed by PL 2019, c. 343, Pt. G, §8 and c. 416, §5, and repealed and replaced by c. 399, §5 and c. 402, §5, is repealed and the following enacted in its place:

O. The State Police shall take or cause to be taken the fingerprints of the person named in subsection 1, paragraph P at the request of that person and upon payment of the expenses by that person as required by Title 32, section 2571-A.

Sec. 37. 25 MRSA §1542-A, sub-§3, ¶S, as enacted by PL 2019, c. 399, §6; c. 402, §6; and c. 416, §7, is repealed and the following enacted in its place:

S. The State Police shall take or cause to be taken the fingerprints of the person named in subsection 1, paragraph T at the request of that person or the Department of Health and Human Services pursuant to Title 22, section 8110.

Sec. 38. 25 MRSA §1542-A, sub-§3, ¶T is enacted to read:

T. The State Police shall take or cause to be taken the fingerprints of the person named in subsection 1, paragraph U at the request of that person or the Department of Health and Human Services pursuant to Title 19-A, section 2111.

Sec. 39. 25 MRSA §1542-A, sub-§3, ¶U is enacted to read:

U. The State Police shall take or cause to be taken the fingerprints of the person named in subsection 1, paragraph V at the request of that person or the Office of the State Auditor and upon payment by the Office of the State Auditor of the fee established in Title 5, section 247, subsection 3.

Sec. 40. 25 MRSA §1542-A, sub-§4, as repealed and replaced by PL 2019, c. 343, Pt. G, §10; c. 399, §7; c. 402, §7; and c. 416, §8, is repealed and the following enacted in its place:

4. Duty to submit to State Bureau of Identification. It is the duty of the law enforcement agency taking the fingerprints as required by subsection 3, paragraphs A, B and G to transmit immediately to the State Bureau of Identification the criminal fingerprint record. Fingerprints taken pursuant to subsection 1, paragraph C, D, E or F or pursuant to subsection 5 may not be submitted to the State Bureau of Identification unless an express request is made by the commanding officer of the State Bureau of Identification. Fingerprints taken pursuant to subsection 1, paragraph G must be transmitted immediately to the State Bureau of Identification to enable the bureau to conduct state and national criminal history record checks for the Department of Education. The bureau may not use the fingerprints for any purpose other than that provided for under Title 20-A, section 6103. The bureau shall retain the fingerprints, except as provided under Title 20-A, section 6103, subsection 9. Fingerprints taken pursuant to subsection 1, paragraph I and subsection 3, paragraph I must be transmitted immediately to the State Bureau of Identification to enable the bureau to conduct state and national criminal history record checks for the court and the Department of Public Safety, Gambling Control Board, respectively. Fingerprints taken pursuant to subsection 1, paragraph J or S must be transmitted immediately to the State Bureau of Identification to enable the bureau to conduct state and national criminal history record checks for the Department of Administrative and Financial Services. Fingerprints taken pursuant to subsection 1, paragraph P must be transmitted immediately to the State Bureau of Identification to enable the bureau to conduct state and national criminal history record checks for the Board of Osteopathic Licensure, established in Title 32, chapter 36. Fingerprints taken pursuant to subsection 1, paragraph N must be transmitted immediately to the State Bureau of Identification to enable the bureau to conduct state and national criminal history record checks for the Board of Licensure in Medicine, established in Title 32, chapter 48. Fingerprints taken pursuant to subsection 1, paragraph Q must be transmitted immediately to the State Bureau of Identification to enable the bureau to conduct state and national criminal history record checks for the State Board of Nursing, established in Title 32, chapter 31. Fingerprints taken pursuant to subsection 1, paragraph O must be transmitted immediately to the State Bureau of Identification to enable the bureau to conduct state and national criminal history record checks under Title 28-B, section 204. Fingerprints taken pursuant to subsection 1, paragraph R, T or U must be transmitted immediately to the State Bureau of Identification to enable the bureau to conduct state and national criminal history record checks for the Department of Health and Human Services. Fingerprints taken pursuant to subsection 1, paragraph V must be transmitted immediately to the State Bureau of Identification to enable the bureau to conduct state and national criminal history record checks for the Office of the State Auditor.

Sec. 41. 26 MRSA §3, sub-§3, ¶B, as amended by PL 2019, c. 343, Pt. D, §13 and Pt. IIII, §7, is repealed and the following enacted in its place:

B. Information and records pertaining to the workforce, employment patterns, wage rates, poverty and low-income patterns, economically distressed communities and regions and other similar information and data to the Department of Administrative and Financial Services and the Department of Economic and Community Development for the purposes of analysis and evaluation, measuring and monitoring poverty and economic and social conditions throughout the State, and promoting economic development.

Sec. 42. 30-A MRSA §4312, sub-§3, ¶K, as amended by PL 2019, c. 38, §3; c. 145, §3; and c. 153, §2, is further amended to read:

K. To encourage municipalities to develop policies that assess community needs and environmental effects of municipal regulations, lessen the effect of excessive parking requirements for buildings in downtowns and on main streets and provide for alternative approaches for compliance relating to the reuse of upper floors of buildings in downtowns and on main streets; and

Sec. 43. 30-A MRSA §4312, sub-§3, ¶M, as enacted by PL 2019, c. 145, §4 and reallocated by RR 2019, c. 1, Pt. A, §38, is amended to read:

M. To encourage municipalities to develop policies that provide for accessory dwelling units . ; and

Sec. 44. 30-A MRSA §5903, sub-§6-A, as amended by PL 2019, c. 343, Pt. D, §14 and Pt. IIII, §9, is repealed and the following enacted in its place:

6-A. Median household income. "Median household income" means the income computed based on the most current census information available, as provided by the State Economist.

Sec. 45. 35-A MRSA §3454, first ¶, as amended by PL 2019, c. 343, Pt. D, §15 and Pt. IIII, §10, is repealed and the following enacted in its place:

In making findings pursuant to Title 38, section 484, subsection 3, the primary siting authority shall presume that an expedited wind energy development provides energy and emissions-related benefits described in section 3402 and shall make additional findings regarding other tangible benefits provided by the development. The Department of Labor, the Governor's Energy Office and the Public Utilities Commission shall provide review comments if requested by the primary siting authority.

Sec. 46. 35-A MRSA §10104, sub-§4, ¶F, as amended by PL 2019, c. 313, §5 and c. 476, §4, is repealed and the following enacted in its place:

F. It is an objective of the triennial plan to design, coordinate and integrate sustained energy efficiency and weatherization programs that are available to all energy consumers in the State and to users of all fuel types. The plan must set forth the costs and benefits of energy efficiency programs that advance the following goals and funding necessary to meet those goals:

(1) Reducing energy costs, including residential heating costs;

(2) Weatherizing substantially all homes whose owners or occupants are willing to participate in and share the costs of cost-effective home weatherization to a minimum standard of weatherization, as defined by the trust, by 2030;

(3) Reducing peak-load demand for electricity through trust programs by 300 megawatts by 2020;

(4) By 2020, achieving electricity and natural gas program savings of at least 20% and heating fuel savings of at least 20%, as defined in and determined pursuant to the performance metrics approved by the commission under section 10120;

(5) Creating stable private sector jobs providing alternative energy and energy efficiency products and services in the State by 2020; and

(6) Contributing to the effort to reduce greenhouse gas emissions in the State by amounts consistent with the greenhouse gas emission levels established in Title 38, section 576-A.

As used in this paragraph, "heating fuel" means liquefied petroleum gas, kerosene or #2 heating oil, but does not include fuels when used for industrial or manufacturing processes.

Sec. 47. 35-A MRSA §10104, sub-§4, ¶G, as enacted by PL 2019, c. 298, §21 and c. 313, §5, is repealed and the following enacted in its place:

G. In developing the triennial plan, or an annual update plan under subsection 6, the trust may include, as part of its budget for electric efficiency and conservation programs under section 10110, the costs of providing nonwires alternatives in accordance with section 3132-D.

Sec. 48. 35-A MRSA §10104, sub-§4, ¶H is enacted to read:

H. After the triennial plan is approved, the trust or any party to the triennial plan may petition for, or the commission may initiate on its own, consideration of revising the calculations of avoided energy costs used in the determination of maximum achievable cost-effective energy efficiency resources pursuant to section 10110, subsection 4-A or section 10111, subsection 2 upon a showing that, subsequent to the publication of the avoided energy cost study relied upon, changes in price forecasts would result in more than a 25% change in the value of avoided energy cost affecting a significant portion of the program activity in the triennial plan.

Sec. 49. 35-A MRSA §10110, sub-§1, ¶C, as amended by PL 2019, c. 306, §4 and c. 365, §2, is repealed and the following enacted in its place:

C. "Conservation programs" means programs developed by the trust pursuant to this section designed to increase the efficiency of electricity use.

Sec. 50. 36 MRSA §1754-B, sub-§1-B, as enacted by PL 2019, c. 401, Pt. B, §11 and c. 441, §4, is repealed and the following enacted in its place:

1-B. Persons required to register. Except as otherwise provided in this section and section 1951-C, the following persons, other than casual sellers, shall register with the assessor and collect and remit taxes in accordance with the provisions of this Part:

A. Every person that has a substantial physical presence in this State and that makes sales of tangible personal property or taxable services in this State, including, but not limited to:

(1) Every person that makes sales of tangible personal property or taxable services, whether or not at retail, that maintains in this State any office, manufacturing facility, distribution facility, warehouse or storage facility, sales or sample room or other place of business;

(2) Every person that makes sales of tangible personal property or taxable services that does not maintain a place of business in this State but makes retail sales in this State or solicits orders, by means of one or more salespeople within this State, for retail sales within this State; and

(3) Every lessor engaged in the leasing of tangible personal property located in this State that does not maintain a place of business in this State but makes retail sales to purchasers from this State;

B. Every person that makes sales of tangible personal property or taxable services for delivery into this State if:

(1) The person's gross sales from delivery of tangible personal property or taxable services into this State in the previous calendar year or current calendar year exceeds $100,000; or

(2) The person sold tangible personal property or taxable services for delivery into this State in at least 200 separate transactions in the previous calendar year or the current calendar year;

C. Every person that has a substantial physical presence in this State and that makes retail sales in this State of tangible personal property or taxable services on behalf of a principal that is outside of this State if the principal is not the holder of a valid registration certificate;

D. Every agent, representative, salesperson, solicitor or distributor that has a substantial physical presence in this State and that receives compensation by reason of sales of tangible personal property or taxable services made outside this State by a principal for use, storage or other consumption in this State;

E. Every person that manages or operates in the regular course of business or on a casual basis a hotel, rooming house or tourist or trailer camp in this State or that collects or receives rents on behalf of a hotel, rooming house or tourist or trailer camp in this State;

F. Every person that operates a transient rental platform and reserves, arranges for, offers, furnishes or collects or receives consideration for the rental of living quarters in this State;

G. Every room remarketer;

H. Every person that makes retail sales in this State of tangible personal property or taxable services on behalf of the owner of that property or the provider of those services;

I. Every person not otherwise required to be registered that sells tangible personal property to the State and is required to register as a condition of doing business with the State pursuant to Title 5, section 1825-B;

J. Every person that holds a wine direct shipper license under Title 28-A, section 1403-A; and

K. A marketplace facilitator if:

(1) The marketplace facilitator's gross sales from delivery of tangible personal property or taxable services into this State in the previous calendar year or current calendar year exceeds $100,000; or

(2) The marketplace facilitator sold or facilitated sales of tangible personal property or taxable services for delivery into this State in at least 200 separate transactions in the previous calendar year or the current calendar year.

For the purposes of this paragraph, the marketplace facilitator's gross sales and total number of transactions include sales facilitated on behalf of marketplace sellers and any sales of tangible personal property or taxable services made directly by the marketplace facilitator.

Sec. 51. 36 MRSA §1817, sub-§5, as repealed by PL 2017, c. 409, Pt. D, §3 and amended by c. 452, §30, is repealed.

Sec. 52. 37-B MRSA §111, as enacted by PL 1983, c. 460, §3, is repealed.

Sec. 53. 38 MRSA §484, sub-§10, as amended by PL 2019, c. 343, Pt. D, §17 and Pt. IIII, §12, is repealed and the following enacted in its place:

10. Special provisions; wind energy development or offshore wind power project. In the case of a grid-scale wind energy development, or an offshore wind power project with an aggregate generating capacity of 3 megawatts or more, the proposed generating facilities, as defined in Title 35-A, section 3451, subsection 5:

A. Will be designed and sited to avoid unreasonable adverse shadow flicker effects;

B. Will be constructed with setbacks adequate to protect public safety. In making a finding pursuant to this paragraph, the department shall consider the recommendation of a professional, licensed civil engineer as well as any applicable setback recommended by a manufacturer of the generating facilities; and

C. Will provide significant tangible benefits as determined pursuant to Title 35-A, section 3454, if the development is an expedited wind energy development.

The Department of Labor, the Governor's Energy Office and the Public Utilities Commission shall provide review comments if requested by the primary siting authority.

For purposes of this subsection, "grid-scale wind energy development," "primary siting authority," "significant tangible benefits" and "expedited wind energy development" have the same meanings as in Title 35-A, section 3451.

Sec. 54. PL 2019, c. 343, Pt. D, §18 is amended to read:

Sec. D-18. Maine Revised Statutes amended; revision clause. Wherever in the Maine Revised Statutes the words "Governor's Office of Policy and Management" appear or reference is made to that entity or those words, those words are amended to read or mean, as appropriate, " Governor's Office of Policy Innovation and the Future" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.

Sec. 55. PL 2019, c. 477, §3 is amended to read:

Sec. 3. Study; report; renewable energy goals market assessment. The Governor's Office of Policy Innovation and Management the Future and the Governor's Energy Office shall jointly conduct a market assessment study, including an in-depth analysis and review of the opportunities, potential and challenges facing the State in reaching the goal by January 1, 2030 that 80% of retail electricity sales in this State will come from renewable energy resources, and shall, no later than January 31, 2021, submit a report on the market assessment study, along with any recommendations on adjustments or changes to the renewable portfolio requirements in the Maine Revised Statutes, Title 35-A, section 3210, to the joint standing committee of the Legislature having jurisdiction over energy and utilities matters.

1. The market assessment study must include, but is not limited to, examination of:

A. The availability of commercially viable renewable energy technologies, including emerging technologies, in the State and region between 2020 and 2030;

B. The estimated electricity costs and benefits for ratepayers and the capacity of commercially viable renewable energy technologies during the 10-year period between 2020 and 2030, including the remaining useful lives of existing technology in use during that period;

C. The time frames for permitting, financing and construction for commercially viable renewable technologies in the State and region;

D. The policy and regulatory options and structures that may influence the speed, predictability and cost to ratepayers associated with the development of renewable energy technologies in this State and the amount of renewable energy generated;

E. Policies and regulations in other states and the region, including an analysis of the dynamics between and among the various states, provinces and this State, and the importance and role of generating 80% of electricity from renewable capacity resources in achieving the greenhouse reduction limits in Title 38, chapter 3-A in a cost-effective manner; and

F. In coordination with the Department of Environmental Protection, the benefits and costs of incentives provided to generators fueled by municipal solid waste, landfill gas facilities and anaerobic digestion facilities under the State's renewable portfolio requirements. The examination must also consider and make recommendations for further alignment between renewable energy and solid waste policy initiatives.

2. Upon written request of the Governor's Office of Policy Innovation and Management the Future or the Governor's Energy Office, the Public Utilities Commission shall provide for the study:

A. Reasonable technical, legal and other assistance, including the provision of requested information; and

B. Funding for staff and consultants in an amount not to exceed $150,000. Any such costs must be recovered through assessments on transmission and distribution utilities in accordance with Title 35-A, section 116.

3. The Governor's Office of Policy Innovation and Management the Future and the Governor's Energy Office shall encourage state agencies, including the Office of the Public Advocate, and other interested parties to submit relevant information, including data, to inform the market assessment study. Not more than 60 days prior to issuance of the report required by this section, the offices shall invite interested parties to provide comments on draft proposed conclusions of the study.

Sec. 56. Resolve 2019, c. 82, §5 is amended to read:

Sec. 5. Duties. Resolved: That the committee shall examine and make recommendations on the feasibility of providing basic economic security through a direct cash payment system and other programs that are designed to help individuals and families become more economically secure, including, but not limited to:

1. Tax rebates and credits, including strengthening the earned income tax credit and a negative income tax;

2. Universal basic income and unconditional cash transfers to residents of the State; and

3. Other direct cash benefit programs.

The committee shall also investigate the effectiveness of existing safety net programs, such as tax credit, child care and food supplement programs, and compare those programs to any recommended direct cash payment programs.

In fulfilling its duties under this section, the committee shall as necessary invite input from the Department of Administrative and Financial Services, Bureau of Revenue Services and from the Governor's Office of Policy Innovation and Management the Future.

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.

SUMMARY

Section 1 corrects a conflict created by Public Law 2019, chapters 59 and 475, which affected the same provision of law, by incorporating the changes made by both laws and using the chapter 475 version of the reference to the Chief Justice of the Supreme Judicial Court.

Sections 2 to 4 correct a conflict created by Public Law 2019, chapter 343, Part D and Part IIII, which affected the same provisions of law, by repealing the provisions and replacing them with the Part IIII versions.

Sections 5 and 6 correct a numbering problem created by Public Law 2019, chapters 471 and 472, which enacted 2 substantively different provisions with the same chapter number in the Maine Revised Statutes, Title 5. These sections correct the conflict by repealing Title 5, chapter 167 and replacing it with the chapter 471 version and enacting the chapter 472 version as Title 5, chapter 168.

Sections 7 and 8 correct conflicts created by Public Law 2019, chapters 343 and 383, which affected the same provisions of law, by repealing the provisions and replacing them with the chapter 383 versions.

Section 9 corrects a conflict created by Public Law 2019, chapters 343 and 383, which affected the same provision of law, by repealing the provision and replacing it with the chapter 383 version and corrects a clerical error.

Section 10 corrects a conflict created by Public Law 2019, chapters 343 and 383, which affected the same provision of law, by repealing the provision and replacing it with the chapter 383 version.

Section 11 corrects a reference to the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf.

Section 12 corrects a conflict created by Public Law 2019, chapter 343, Part D and Part IIII, which affected the same provision of law, by repealing the provision and replacing it with the Part IIII version.

Section 13 corrects a reference to the former State Planning Office.

Section 14 repeals duplicate language.

Section 15 corrects a conflict created by Public Law 2019, chapter 343, Part D and Part IIII, which affected the same provision of law, by repealing the provision and replacing it with the Part IIII version.

Section 16 corrects a conflict created by Public Law 2019, chapters 77 and 407, which affected the same provision of law, by incorporating the changes made by both laws.

Section 17 makes a technical correction.

Section 18 makes a technical correction.

Section 19 corrects a conflict created when Public Law 2019, chapter 391 repealed Title 10, section 9722, subsection 6, paragraph M and Public Law 2019, chapter 392 amended the paragraph. This section corrects the conflict by repealing the paragraph.

Section 20 corrects a conflict created when Public Law 2019, chapter 391 repealed Title 10, section 9722, subsection 6, paragraph N and Public Law 2019, chapter 392 amended the paragraph. This section corrects the conflict by repealing the paragraph.

Section 21 corrects a conflict created by Public Law 2019, chapter 343, Part D and Part IIII, which affected the same provision of law, by repealing the provision and replacing it with the Part IIII version.

Section 22 corrects a conflict created by Public Law 2017, chapters 427 and 458, which affected the same provision of law, by incorporating the changes made by both laws.

Section 23 corrects a clerical error.

Sections 24 and 25 make technical corrections.

Section 26 corrects a conflict created by Public Law 2019, chapters 331 and 528, which affected the same provision of law, by incorporating the changes made by both laws.

Section 27 corrects a conflict created by Public Law 2019, chapters 331 and 528, which affected the same provision of law, by incorporating the changes made by both laws.

Section 28 corrects a conflict created by Public Law 2019, chapters 331 and 354, which affected the same provision of law, by repealing the provision and replacing it with the chapter 354 version.

Section 29 corrects a conflict created by Public Law 2019, chapter 450, which repealed Title 22, section 3739, and Public Law 2019, chapter 524, which amended section 3739, subsection 2, paragraph G, by repealing paragraph G.

Section 30 corrects a clerical error.

Section 31 corrects a conflict created by Public Law 2019, chapters 343, 399, 402 and 416, which affected the same provision of law, by repealing the provision and replacing it with the chapters 399 and 402 version.

Section 32 corrects a conflict created by Public Law 2019, chapters 343, 399, 402 and 416, which affected the same provision of law, by repealing the provision and replacing it with the chapters 399 and 402 version and making a technical correction.

Sections 33 to 35 correct a lettering problem created by Public Law 2019, chapters 399, 402 and 416, which enacted 3 substantively different provisions with the same paragraph letter, and make technical changes.

Section 36 corrects a conflict created by Public Law 2019, chapters 343, 399, 402 and 416, which affected the same provision of law, by repealing the provision and replacing it with the chapters 399 and 402 version.

Sections 37 to 39 correct a lettering problem created by Public Law 2019, chapters 399, 402 and 416, which enacted 3 substantively different provisions with the same paragraph letter, and correct cross-references.

Section 40 corrects a conflict created by Public Law 2019, chapters 343, 399, 402 and 416, which affected the same provision of law, by repealing the provision and replacing it with a version incorporating the changes made by all 4 laws.

Section 41 corrects a conflict created by Public Law 2019, chapter 343, Parts D and IIII, which affected the same provision of law, by repealing the provision and replacing it with the Part IIII version.

Sections 42 and 43 make technical corrections.

Section 44 corrects a conflict created by Public Law 2019, chapter 343, Parts D and IIII, which affected the same provision of law, by repealing the provision and replacing it with the Part IIII version.

Section 45 corrects a conflict created by Public Law 2019, chapter 343, Parts D and IIII, which affected the same provision of law, by repealing the provision and replacing it with the Part IIII version.

Section 46 corrects a conflict created by Public Law 2019, chapters 313 and 476, which affected the same provision of law, by repealing the provision and replacing it with the chapter 313 version and corrects a cross-reference.

Sections 47 and 48 correct a lettering problem created by Public Law 2019, chapters 298 and 313, which enacted 2 substantively different provisions with the same paragraph letter.

Section 49 corrects a conflict created by Public Law 2019, chapters 306 and 365, which affected the same provision of law, by repealing the provision and replacing it with the chapter 306 version.

Section 50 corrects a conflict created by Public Law 2019, chapters 401 and 441, which affected the same provision of law, by repealing the provision and replacing it with the chapter 441 version.

Section 51 corrects a conflict created when Public Law 2017, chapter 409 repealed Title 36, section 1817, subsection 5 and Public Law 2017, chapter 452 amended the subsection. This section corrects the conflict by repealing the subsection.

Section 52 repeals an outdated provision regarding gender.

Section 53 corrects a conflict created by Public Law 2019, chapter 343, Parts D and IIII, which affected the same provision of law, by repealing the provision and replacing it with the Part IIII version.

Section 54 corrects a revision clause.

Section 55 corrects provisions to implement the intent of the revision clauses contained in Public Law 2019, chapter 343, Part D, section 18 and chapter 383, section 10.

Section 56 corrects provisions to implement the intent of the revision clauses contained in Public Law 2019, chapter 343, Part D, section 18 and chapter 383, section 10.

HP1552 LD 2169	Session - 129th Maine Legislature		LR 3217 Item 1
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