Sec. 1. 5 MRSA §1513, sub-§1, as amended by PL 1999, c. 749, §1, is corrected to read:
1. Maine Rainy Day Fund. As the first priority before any other transfer, the State Controller shall at the close of each fiscal year reserve from the unappropriated surplus of the General Fund an equal amount equal to 1/2 the excess of total General Fund revenues received over accepted estimates in that fiscal year and transfer that amount to the Maine Rainy Day Fund at the beginning of the next fiscal year. Accepted revenue estimate estimates may not be increased after adjournment of each First Regular Session of the Legislature except as provided. For the first year of the biennium, revenue estimates for the 2nd year of the biennium may be adjusted once during the Second Regular Session of the Legislature. Accepted revenue estimates may be increased for other fiscal periods only if an amount not to exceed 1/2 of the increase is transferred by the State Controller to the Rainy Day Fund at the same time from the unappropriated surplus of the General Fund. The fund may not exceed 6% of the total General Fund revenues received in the immediately preceding fiscal year and may not lapse, but remain remains in a continuing carrying account to carry out the purposes of this section. A reduction in the fund is not necessary in the event the total General Fund revenues received in the immediately preceding fiscal year are less than the total General Fund revenues received in the fiscal year 2 years previous and if the fund is at its 6% limit.
This section corrects a clerical error and grammatical errors.
Sec. 2. 5 MRSA §4553, sub-§6, as amended by PL 1973, c. 415, §1, is corrected to read:
6. Housing accommodation. "Housing accommodation" includes any building or structure or portion thereof, or any parcel of land, developed or undeveloped, which is occupied, or is intended to be occupied or to be developed for occupancy, for residential purposes, excepting:
A. The rental of a one-family unit of a 2-family dwelling, one unit of which is occupied by the owner;
B. The rental of not more than 4 rooms of a one-family dwelling which is occupied by the owner; or
C. The rental of any dwelling owned, controlled or operated for other than a commercial purpose, by a religious corporation to its membership unless such membership is restricted on account of race, color or national origin.
This section corrects a clerical error and a punctuation error.
Sec. 3. 5 MRSA §7039, as amended by PL 1987, c. 402, Pt. B, §§8 and 9, is corrected to read:
The Civil Service Law shall consist consists of chapters 56, 60, 65, 67, 68, 69, 71 and this chapter. Whenever reference is made in statute or rule to the Civil Service Law, the chapters delineated in this section shall apply.
This section corrects a cross-reference and makes grammatical changes.
Sec. 4. 5 MRSA §18055, sub-§1, ¶C, as enacted by PL 1985, c. 801, §§5 and 7, is corrected to read:
C. Justices of the Supreme Judicial Court and the Superior Court and Judges of the District Court and the Administrative Court; and
Sec. 5. Effective date. That section of this report that corrects the Maine Revised Statutes, Title 5, section 18055, subsection 1, paragraph C takes effect March 15, 2001.
This section removes a reference to the Administrative Court to reflect the intent articulated by the revision clause contained in Public Law 1999, chapter 547.
Sec. 6. 7 MRSA §435, sub-§2, ¶G, as enacted by PL 1999, c. 769, §5, is reallocated to 7 MRSA §435, sub-§2, ¶H.
This section corrects a lettering problem created by Public Law 1999, chapters 593 and 769, which enacted 2 substantively different provisions with the same paragraph letter.
Sec. 7. 7 MRSA §991, as amended by PL 1981, c. 513, §11, is corrected to read:
Sections 991 to 1006 shall 994 may be known and may be cited as the "Maine Potato Marketing Act."
Sec. 8. 7 MRSA §992, first ¶ is corrected to read:
The purposes of sections 991 to 1006 994 are:
Sec. 9. 7 MRSA §993, first ¶, as amended by PL 1979, c. 541, Pt. A, §61, is corrected to read:
As used in sections 991 to 1006 994, unless the context indicates otherwise indicates, the following terms shall have the following meanings.
Sec. 10. 7 MRSA §994, as amended by PL 1981, c. 513, §11, is corrected to read:
The commissioner shall administer and enforce sections 991 to 1006 994 and shall have has and may excercise exercise any or all of the administrative powers conferred upon the head of a department of the State. In order to effectuate the declared purposes of said sections, the commissioner is authorized to issue, administer and enforce the marketing orders regulating the marketing of potatoes within the State.
Whenever the commissioner has reason to believe that the issuance of a marketing order will tend to effectuate the declared policy of sections 991 to 1006 994, he the commissioner shall, in a manner consistent with the rule-making provisions of the Maine Administrative Procedure Act, either upon his the commissioner's own motion or upon application of any producer or handler of potatoes, give due notice of and an opportunity for a public hearing upon a proposed marketing order.
Due notice of any hearing called for such purpose shall must be given to all persons who may be directly affected by any action of the commissioner pursuant to sections 991 to 1006 994 and whose names appear upon lists to be filed with the commissioner. Such hearing shall must be open to the public. All testimony shall must be received under oath and a full and complete record of all proceedings at any such hearing shall must be made and filed by the commissioner at his the commissioner's office.
In order to effectuate the declared policy of sections 991 to 1006 994, the commissioner shall have has the power, after due notice and opportunity for hearing, to enter into marketing agreements with handlers, producers and others engaged in the handling of potatoes, regulating the preparation, sale and handling of potatoes, which said marketing agreement shall be is binding upon the signatories thereto exclusively. The execution of such marketing agreement shall may in no manner affect the issuance, administration or enforcement of any marketing order provided for in sections 991 to 1006 994. The commissioner may issue such marketing order without executing a marketing agreement or may execute a marketing agreement without issuing a marketing order covering the same subject matter. The commissioner, in his the commissioner's discretion, may hold a concurrent hearing upon a proposed marketing agreement and a proposed marketing order in the manner provided for giving due notice and opportunity for hearing for a marketing order as provided in sections 991 to 1006 994.
After such notice and hearing, the commissioner may issue a marketing order if he the commissioner finds it will tend to effectuate the declared policy of sections 991 to 1006 994, subject to the following:
1. Approved by 2/3 of producers participating in referendum. No marketing order or amendment thereto issued pursuant to sections 991 to 1006 shall 994 may become effective unless and until the commissioner determines that the issuance of such order is approved and favored by at least 2/3 of the producers who participated in a referendum on the question of its approval and who, during the preceding fiscal year, have been engaged in the production of potatoes for market within the production area specified in such marketing order, and who, during such year, have produced at least 2/3 of the volume of potatoes produced for market within such production area specified herein by all producers who participated in the said referendum.
2. Assent of handlers. No marketing agreement or amendment thereto, directly affecting handlers, issued pursuant to sections 991 to 1006 994, shall may become effective unless and until the commissioner finds that such agreement has been assented to in writing by the handlers who handle not less than 50% of the volume of the potatoes handled within the area defined in such agreement and by not less than 50% of the number of handlers engaged in handling potatoes within such area.
These sections correct cross-references and a spelling error, make grammatical changes and change gender-specific language.
Sec. 11. 10 MRSA §1320, sub-§1-A, as enacted by PL 1985, c. 79, is corrected to read:
1-A. Record retention. Copies of all disclosures made in accordance with subsection 1 1-B, shall must be retained by the user for a period of at least 2 years following the date of disclosure. These records need not be kept in this State if the administrator is given free access to the records, wherever located.
Sec. 12. 10 MRSA §1320, sub-§4, as amended by PL 1991, c. 453, §5 and affected by §10, is corrected to read:
4. 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 assure compliance with the provisions of subsections 1 1-A to 3.
These sections make a grammatical change and correct cross-references.
Sec. 13. 12 MRSA §6408, as enacted by PL 1999, c. 743, §1, is reallocated to 12 MRSA §6409.
This section corrects a numbering problem created by Public Law 1999, chapters 643 and 743, which enacted substantively different provisions with the same section number.
Sec. 14. 14 MRSA §3131, sub-§9, as amended by PL 1999, c. 699, Pt. D, §11 and affected by §30, is corrected to read:
9. Lien. An order entered pursuant to this section shall constitutes a lien against the property which is the subject of the order and against the proceeds of any disposition of the property by the judgment debtor which occurs at any time after entry of the order. The lien extends to proceeds of any disposition of the property, real or personal, subject to the lien of the judgment creditor to the extent that a secured party would have an interest in the proceeds under Title 11, section 9-1315, subsection (1). The lien must be for the full amount of the unpaid judgment, interest and costs, and becomes perfected as to 3rd parties on the earlier of:
A. The time the judgment creditor or purchaser takes possession of the property;
B. If the property is real estate, the time when an attested copy of the turnover or sale order is filed with the registry of deeds where a mortgage would be filed to be duly perfected;
C. If the property is personalty of a type a security interest in which may be perfected by filing pursuant to Title 11, the time when an attested copy of the turnover or sale order is filed in the office of the Secretary of State;
D. If the property is a motor vehicle for which a certificate of title is required, the time when an attested copy of the turnover or sale order is delivered to the office of the Secretary of State where notice would be delivered pursuant to Title 29-A, section 665, subsection 1; or
E. If the judgment creditor or purchaser takes possession of the property, or if an order is recorded, filed or delivered pursuant to this subsection during the pendency of any properly perfected prejudgment or post-judgment attachment obtained in the underlying action, or any judgment lien created pursuant to section 4651, the time when the attachment or lien was duly perfected against the property.
Sec. 15. Effective date. That section of this report that corrects the Maine Revised Statutes, Title 14, section 3131, subsection 9 takes effect July 1, 2001.
This section corrects a grammatical error.
Sec. 16. 15 MRSA §2115-B, sub-§1, as amended by PL 1999, c. 731, Pt. ZZZ, §22 and affected by §42, is corrected to read:
1. Summary contempt proceedings involving punitive sanctions. In a summary contempt proceeding involving punitive sanctions, accompanied or unaccompanied by remedial sanctions, instituted under either the Maine Rules of Criminal Procedure, Rule 42 or the Maine Rules of Civil Procedure, Rule 66, before a Judge of the District Court, or Probate Court or Administrative Court or a Justice of the Superior Court or the Supreme Judicial Court, a contemnor who is aggrieved by an order and imposition of a punitive sanction may appeal to the Supreme Judicial Court sitting as the Law Court, as provided under section 2111 or 2115 and the applicable Maine Rules of Criminal Procedure.
Sec. 17. Effective date. That section of this report that corrects the Maine Revised Statutes, Title 15, section 2115-B, subsection 1 takes effect March 15, 2001.
This section removes a reference to the Administrative Court to reflect the intent articulated by the revision clause contained in Public Law 1999, chapter 547.
Sec. 18. 15 MRSA §5822, sub-§6, as amended by PL 1987, c. 736, §26, is corrected to read:
6. Preliminary process. Any Justice of the Supreme Judicial Court or the Superior Court, Judge of the District Court or Judge of the Administrative Court or justice of the peace may issue, at the request of the attorney for the State, ex parte, any preliminary order or process as is necessary to seize or secure the property for which forfeiture is or will be sought and to provide for its custody. That order may include an order to a financial institution or to any fiduciary or bailee to require the entity to impound any property in its possession or control and not to release it except upon further order of the court. Process for seizure of the property shall may issue only upon a showing of probable cause that the property is subject to forfeiture under section 5821. The application for process and the issuance, execution and return of process shall be is subject to applicable state law. Any property subject to forfeiture under this section may be seized upon process, except that seizure without the process may be made when:
A. The seizure is incident to an arrest with probable cause, a search under a valid search warrant or an inspection under a valid administrative inspection warrant;
B. The property subject to seizure has been the subject of a prior judgment in favor of the State in a forfeiture proceeding under this section or any other provision of the laws of this State, any other state or the United States;
C. There is probable cause to believe that the property has been directly or indirectly dangerous to health or safety; or
D. There is probable cause to believe that the property has been used or is intended to be used in violation of any criminal law of this State, any other state or the United States.
Sec. 19. Effective date. That section of this report that corrects the Maine Revised Statutes, Title 15, section 5822, subsection 6 takes effect March 15, 2001.
This section removes a reference to a Judge of the Administrative Court to reflect the intent articulated by the revision clause contained in Public Law 1999, chapter 547. This section also makes grammatical changes.
Sec. 20. 17-A MRSA §1175, sub-§5, as enacted by PL 1995, c. 680, §5, is corrected to read:
5. Neither the failure to perform the requirements of this chapter nor compliance with this chapter subjects the attorney for the State, the Commissioner of Corrections, the Department of Corrections, the Commissioner of Mental Health and, Mental Retardation and Substance Abuse Services, the state mental health institute or the county jail or the employees or officers of the attorney for the State, the Commissioner of Corrections, the Department of Corrections, the Commissioner of Mental Health and, Mental Retardation and Substance Abuse Services, the state mental health institute or the county jail to liability in a civil action.
This section corrects references to the Commissioner of Mental Health, Mental Retardation and Substance Abuse Services.
Sec. 21. 20-A MRSA §7412, sub-§2, as enacted by PL 1999, c. 731, Pt. PPP, §1, is corrected to read:
2. Investment of funds. The money in the fund may be invested by the Treasurer of State with the assistance of one or more fiduciaries or registered investment advisors. The duties and expenses of the fiduciaries or registered investment advisors must be handled in a manner consistent with Title 5, section 17108, subsections 2 and 3. All earnings must be credited to the fund.
This section corrects a clerical error by adding a word that was inadvertently omitted.
Sec. 22. 22 MRSA §1556-A, sub-§2, as amended by PL 1997, c. 562, Pt. D, §4 and affected by §11, is corrected to read:
2. Enforcement; jurisdiction. Enforcement of criminal offenses may be carried out by written summons pursuant to Title 17-A filed in the District Court. Enforcement of civil violations set forth in section 1555-B may be carried out by complaint filed in Administrative Court or District Court. All civil violations involving licenses issued pursuant to section 1551-A are within the jurisdiction of the Administrative District Court pursuant to section 1557, subsection 1.
Sec. 23. Effective date. That section of this report that corrects the Maine Revised Statutes, Title 22, section 1556-A, subsection 2 takes effect March 15, 2001.
This section removes one reference to the Administrative Court and changes another reference to the Administrative Court to the District Court to reflect the intent articulated by the revision clause contained in Public Law 1999, chapter 547.
Sec. 24. 22 MRSA §1817, as amended by PL 1989, c. 572, §5, is corrected to read:
The department is authorized to issue licenses to operate hospitals, sanatoriums, convalescent homes, rest homes, nursing homes, ambulatory surgical facilities or other related institutions, which that, after inspection, are found to comply with this chapter and any regulations adopted by the department. When any institution, upon inspection by the department, shall be is found not to meet all requirements of this chapter or departmental regulations thereunder, the department is authorized to issue either a temporary license for a specified period not to exceed 90 days, during which time corrections specified by the department shall must be made by the institution for compliance with this chapter and departmental regulations thereunder, if in the judgment of the commissioner the best interests of the public will be so served, or a conditional license setting forth conditions which shall that must be met by the institution to the satisfaction of the department. Failure of the institution to meet any of these conditions shall immediately void voids the conditional license by written notice thereof by the department to the conditional licensee or, if the licensee cannot be reached for personal service, by notice thereof left at the licensed premises. The fee for this temporary or conditional license shall be is $15 and shall be is payable at the time of issuance of such a license. A new application for a regular license may be considered by the department if, when and after the conditions set forth by the department at the time of the issuance of this temporary or conditional license have been met and satisfactory evidence of this fact has been furnished to the department. The department may amend, modify or refuse to renew a license hereunder in conformity with the Maine Administrative Procedure Act, Title 5, chapter 375, or file a complaint with the Administrative District Court requesting suspension or revocation of any license on any of the following grounds: Violation of this chapter or the rules and regulations issued pursuant thereto; permitting, aiding or abetting the commission of any illegal act in that institution; conduct of practices detrimental to the welfare of the patient; provided that whenever, on inspection by the department, conditions are found to exist which that violate this chapter or departmental regulations issued thereunder which that, in the opinion of the commissioner, immediately endanger the health or safety of patients, or both the health and safety, in any of the institutions or to such an extent as to create an emergency, the department by its duly authorized agents may, under the emergency provisions of Title 4, section 1153 184, subsection 6, request that the Administrative District Court suspend or revoke the license.
Sec. 25. Effective date. That section of this report that corrects the Maine Revised Statutes, Title 22, section 1817 takes effect March 15, 2001.
This section changes references to the Administrative Court to the District Court to reflect the intent articulated by the revision clause contained in Public Law 1999, chapter 547. It also corrects a cross-reference and makes grammatical changes.
Sec. 26. 22 MRSA §4095, as enacted by PL 1999, c. 783, §6, is reallocated to 22 MRSA §4100.
This section corrects a numbering problem created by Public Law 1999, chapters 778 and 783, which enacted 2 substantively different provisions with the same section number.
Sec. 27. 23 MRSA §3360-A, sub-§6-C, ¶¶C and D, as enacted by PL 1999, c. 718, §11, are corrected to read:
C. Excavation by an excavator that does not comply with the requirements of section subsection 4-C, except to the extent the excavator is exempt from the provisions of subsection 4-C pursuant to subsection 5-C;
D. Failure of an underground facility operator to mark the location of the operator's underground facilities within the time limits required by section subsection 4; or
This section corrects cross-references.
Sec. 28. 25 MRSA §2006, as enacted by PL 1985, c. 478, §2, is corrected by amending the headnote to read:
§2006. Confidentiality of application; penalty
This section corrects a headnote to accurately reflect the content of the section.
Sec. 29. 28-A MRSA §84, sub-§1, as amended by PL 1999, c. 535, §5, is corrected to read:
1. Manage sale of alcoholic beverages spirits and fortified wine. Manage the sale of spirits and fortified wine through state liquor stores, agency liquor stores and licensees in accordance with applicable laws and rules that provide for the operation of wholesale distribution of spirits and fortified wine;
This section corrects a headnote to accurately reflect the content of the subsection.
Sec. 30. 29-A MRSA §2353, sub-§1, ¶C, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is corrected to read:
C. For a 4-axle vehicle or combination of vehicles and, except as provided by section 2364, for single unit vehicles of 5 or more axles, 69,000 pounds; and
Sec. 31. 29-A MRSA §2353, sub-§1, ¶D, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is corrected to read:
D. Except as provided in section 2354, subsections 1 and 2, section 2357, subsection 4 and section 2365 for combination vehicles with 5 or more axles, 80,000 pounds.; and
Sec. 32. 29-A MRSA §2353, sub-§1, ¶D, as amended by PL 1999, c. 580, §5 and affected by §14, is corrected to read:
D. Except as provided in paragraph E, section 2354, section 2357, subsection 4 and section 2365 for combination vehicles with 5 or more axles, 80,000 pounds.; and
Sec. 33. Effective date. That section of this report that corrects the Maine Revised Statutes, Title 29-A, section 2353, subsection 1, paragraph D, as amended by PL 1999, chapter 580, section 5 and affected by section 14, takes effect April 1, 2001.
These sections correct clerical and punctuation errors and also make one of the changes effective April 1, 2001.
Sec. 34. 30-A MRSA §5953-D, sub-§4, as amended by PL 1999, c. 776, §13, is corrected to read:
4. Criteria; conditions for public service infrastructure grants and loans. The Department of Economic and Community Development, in conjunction with the bank, shall develop criteria and conditions for the award of public service infrastructure loans and grants to eligible municipalities after consultation with the Municipal Capital Investment Advisory Commission and subject to the requirements of this section. The department shall:
A. Give priority to those municipalities that are experiencing rapid growth and possess a public service infrastructure inadequate to accommodate that growth;
B. Establish a preference for those municipalities eligible under subsection 3, paragraph D, subparagraph (1) over those municipalities eligible under subsection 3, paragraph D, subparagraph (2);
C. Establish a preference for those municipalities with higher local property tax burdens. The comparative local property tax burden must be determined under section 5681;
D. Establish a preference for capital investment projects undertaken jointly by 2 or more municipalities or that provide substantial regional benefits;
E. Adopt other criteria as it determines necessary to ensure that loans and grants made under this section maximize the ability of municipalities to accommodate planned growth and economic development; and
F. Condition any loans and grants under this section on consistency with the municipality's comprehensive plan or local growth management program.
This section corrects a reference to a provision of law that established a commission and has been repealed by striking the reference to that commission.
Sec. 35. 36 MRSA §5219-S, as enacted by PL 1999, c. 755, §1, is reallocated to 36 MRSA §5219-T.
This section corrects a numbering problem created when Public Law 1999, chapters 731 and 755 enacted 2 substantively different provisions with the same section number.
Sec. 36. PL 1999, c. 699, Pt. B, §27, amending clause, is corrected to read:
Sec. B-27. 29-A MRSA §702, sub-§5, as renumbered by PL RR 1993, c. 2, §18, is repealed and the following enacted in its place:
This section corrects an amending clause.
Sec. 37. PL 1999, c. 699, Pt. D, §14, is corrected to read:
Sec. D-14. 14 MRSA §4151, 2nd ¶, as enacted by PL 1985, c. 187, §1, is amended to read:
Following the entry of judgment in a civil action and prior to the issuance of a writ of execution upon the judgment, any interest in real or personal property, which is not exempt from attachment and execution, may be attached by the plaintiff by the filing in the registry of deeds for the county in which the property is located, with respect to real property, or in the proper place pursuant to office of the Secretary of State, with respect to property of a type a security interest in which may be perfected by a filing in such office under Title 11, section 9-401, subsection (1) Article 9-A, of an attested copy of the court order awarding judgment. Fees for the recording of the order shall must be as otherwise provided for similar documents. Notwithstanding section 4454, the filing shall constitute constitutes perfection of the attachment. The party whose property has been so attached shall must be immediately notified by certified letter, mailed by the plaintiff to the party's last known address, which shall must inform the party that an attachment has been filed against the party's real or personal property and shall must specify the registry of deeds or office of the Secretary of State in which the attachment has been recorded.
This section corrects a clerical error.
Sec. 38. PL 1999, c. 723, §1, amending clause, is corrected to read:
Sec. 1. 7 MRSA §4202 §4204, sub-§1, as amended by PL 1999, c. 530, §4, is further amended to read:
This section corrects an amending clause.
Sec. 39. PL 1999, c. 744, §16, amending clause, is corrected to read:
Sec. 16. 5 MRSA §18405-A, first ¶, as enacted amended by PL 1995, c. 604, §5, is further amended to read:
This section corrects an amending clause.
Sec. 40. PL 1999, c. 790, Pt. L, §1, amending clause, is corrected to read:
Sec. L-1. 20-A MRSA §7407, sub-§4-A, as enacted by PL 1999, c. 775, §10 and affected by §16, is amended to read:
This section corrects an amending clause.
Sec. 41. P&SL 1999, c. 84, Pt. A, §7, amending clause, is corrected to read:
Sec. A-7. P&SL 1967, c. 58, §4, as repealed and replaced by P&SL 1967, c. 211, §2, is repealed and the following enacted in its place amended to read:
This section corrects an amending clause.
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