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

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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-SIX
_____
H.P. 1458 - L.D. 2170
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:
PART A
Sec. A-1. 5 MRSA §3232, first ¶, as enacted by PL 2025, c. 388, Pt. D, §12, is
amended to read:
The office may enter into make financial assistance grants under the program only to
the extent that funds are available. In making grants, the office shall consider the need for
planning in a municipality or multimunicipal region, the proximity of the municipality or
multimunicipal region to other areas that are conducting or have completed the planning
process and the economic and geographic role of the municipality or multimunicipal region
within a regional context. The office shall give priority in making grants to any
municipality or multimunicipal region that has adopted a local climate action plan and, if
the municipality or multimunicipal region has adopted a comprehensive plan or growth
management program, prepared a climate vulnerability assessment pursuant to Title 30‑A,
section 4326, subsection 1, paragraph L. The office may consider other criteria in making
grants, as long as the criteria support the goal of encouraging and facilitating the adoption
APPROVED
APRIL 13, 2026
BY GOVERNOR
CHAPTER
655
PUBLIC LAW
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and implementation of local and multimunicipal growth management programs consistent
with the procedures, goals and guidelines established in this subchapter.
Sec. A-2. 5 MRSA §4612, sub-§4, ¶B, as amended by PL 1991, c. 99, §30, is
further amended by amending subparagraph (3) to read:
(3) In unlawful public accommodations discrimination, that such discrimination
is causing inconvenience to many persons; and
Sec. A-3. 5 MRSA §7051, sub-§7, as amended by PL 2021, c. 601, §2, is further
amended to read:
7. Dismissal and disciplinary action. Except as provided in subsection 5, an
appointing authority may dismiss, suspend or otherwise discipline an employee in the
classified service for cause. This right is subject to the right of appeal and arbitration of
grievances set forth in the applicable labor contract, in sections 7081 to 7084 or by civil
service rule; and sections 7081 to 7084 apply to any employee who has satisfactorily
completed an initial probationary period. This subsection does not apply to unclassified
employees listed in section 931, nor does this subsection in any way limit the collective
bargaining rights of classified and unclassified employees. This subsection does not apply
to an employee appointed to a major policy-influencing position listed in sections 932 to
953 952 and sections 958 to 960.
Notwithstanding any provision of law to the contrary, the head of any institution under the
control of the Department of Health and Human Services as the appointing authority may
suspend with pay any employee who is charged by indictment with the commission of a
criminal offense involving acts alleged to have been perpetrated upon any resident or
residents of any such institution. Any suspension with pay may be authorized by the
appointing authority only when to permit the employee to remain on duty at the institution
would be against the best interest of any one or more of the residents of the institution, and
authorization for suspension with pay applies only during the pendency of the criminal
proceedings in the trial court, but not longer than 30 working days. Sections 7081 to 7084
do not apply to suspension with pay ordered by the appointing authority under this
paragraph.
Sec. A-4. 5 MRSA §7064, sub-§2, as amended by PL 2003, c. 177, §1, is further
amended to read:
2. Eligibility of unclassified employees for classified service. In addition to any
other provisions in this chapter, unclassified employees listed in section 931, subsection 1,
paragraph H, and other unclassified employees, except those cited in section 931,
subsection 1, paragraphs A to G, and paragraphs I and J, and in sections 932 to 953 952
and sections 958 to 960, are eligible for appointment to the classified service on the same
basis as other members of the classified service.
Sec. A-5. 5 MRSA §13056-E, sub-§2, ¶B, as amended by PL 2025, c. 388, Pt. D,
§17, is further amended by amending the first blocked paragraph to read:
Subject to the limitations of this subsection, 2 or more municipalities that each meet
the requirements of subparagraph (1), divisions (a), (b) or and (c) may jointly apply for
assistance under this section; and
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Sec. A-6. 5 MRSA §17804, sub-§5-F, as amended by PL 2021, c. 548, §25, is
further amended to read:
5-F. Change of beneficiary. If the recipient of a service retirement benefit has elected
an optional method of payment under subsection 3, 4, 5, 5‑A, 5‑B, 5‑C, 5‑D or 5‑E and has
designated someone other than a spouse or ex-spouse as sole beneficiary, the recipient is
permitted a one-time change in the designated beneficiary except as provided in paragraph
D, but may not change the already elected payment option or the amount of the benefits
under that option, by filing a written designation of the new beneficiary, duly
acknowledged, with the chief executive officer on a form provided or specified by the
retirement system. The change of beneficiary permitted by this subsection may only be
made prior to the death of the prior designated beneficiary.
A. The benefit payable to the recipient and the new beneficiary must be paid under the
same payment option. The amount of the recipient's benefit may not change, and the
amount of the new beneficiary's benefit must be the same as the amount of the prior
beneficiary's benefit.
B. The effective date of the designation of the new beneficiary is the date the
designation is received by the chief executive officer. As of the first day of the month
following the effective date of the designation of the new beneficiary, the prior
beneficiary is no longer entitled to any benefit payment and, if concurrent payment
under subsection 5‑B has been elected, the new beneficiary's benefit must become
effective on the same date.
C. The new beneficiary's entitlement to benefits ceases on the earlier of:
(1) The date of the new beneficiary's death; and
(2) The date established when the amount of the prior beneficiary's benefit was
established, which is the initial commencement date of benefits to the retiree
increased by the life expectancy of the prior beneficiary computed in years and
months using actuarial equivalence assumptions recommended by the system's
actuary.
Payment of benefits to the new beneficiary must cease as of the first day of the month
following the earlier of subparagraphs (1) and (2).
D. A recipient who exercises a one-time option under this subsection may revert back
to the original designated beneficiary, who will be treated as the new beneficiary for
purposes of paragraphs A to C.
Sec. A-7. 5 MRSA §18404, sub-§5-F, as amended by PL 2021, c. 548, §41, is
further amended to read:
5-F. Change of beneficiary. If the recipient of a service retirement benefit has elected
an optional method of payment under subsection 3, 4, 5, 5‑A, 5‑B, 5‑C, 5‑D or 5‑E and has
designated someone other than a spouse or ex-spouse as sole beneficiary, the recipient is
permitted a one-time change in the designated beneficiary except as provided in paragraph
D, but may not change the already elected payment option or the amount of the benefits
under that option, by filing a written designation of the new beneficiary, duly
acknowledged with the chief executive officer on a form provided or specified by the
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retirement system. The change of beneficiary permitted by this subsection may only be
made prior to the death of the prior designated beneficiary.
A. The benefit payable to the recipient and the new beneficiary must be paid under the
same payment option. The amount of the recipient's benefit may not change, and the
amount of the new beneficiary's benefit must be the same as the amount of the prior
beneficiary's benefit.
B. The effective date of the designation of the new beneficiary is the date the
designation is received by the chief executive officer. As of the first day of the month
following the effective date of the designation of the new beneficiary, the prior
beneficiary is no longer entitled to any benefit payment and, if concurrent payment
under subsection 5‑B has been elected, the new beneficiary's benefit must become
effective on the same date.
C. The new beneficiary's entitlement to benefits ceases on the earlier of:
(1) The date of the new beneficiary's death; or
(2) The date established when the amount of the prior beneficiary's benefit was
established, which is the initial commencement date of benefits to the retiree
increased by the life expectancy of the prior beneficiary computed in years and
months using actuarial equivalence assumptions recommended by the system's
actuary.
Payment of benefits to the new beneficiary must cease as of the first day of the month
following the earlier of subparagraphs (1) and (2).
D. A recipient who exercises a one-time option under this subsection may revert back
to the original designated beneficiary, who will be treated as the new beneficiary for
purposes of paragraphs A to C.
Sec. A-8. 6 MRSA §205, sub-§7, as amended by PL 2009, c. 447, §4, is further
amended to read:
7. Evidence. The drug concentration in the defendant's blood or the defendant's
alcohol level at the time alleged, as shown by the chemical analysis of the defendant's
blood, breath or urine or by results of a self-contained, breath-alcohol testing apparatus
authorized by subsection 5, is admissible in evidence.
When a person, certified under subsection 5, conducts a chemical analysis of blood or
breath to determine alcohol level, the person may issue a certificate stating the results of
the analysis. That certificate, when duly signed and sworn to by the certified person, is
admissible in evidence in any court of the State. It is prima facie evidence that the person
taking a specimen of blood or urine was a person authorized by subsection 5; that the
equipment, chemicals and other materials used in the taking of the blood or urine specimen
or a breath sample were of a quality appropriate for the purpose of producing reliable test
results; that any equipment, chemicals or materials required by subsection 5 to be approved
by the Department of Health and Human Services were in fact approved; that the sample
tested by the person certified under subsection 5 was in fact the same sample taken from
the defendant; and that the drug concentration in the defendant's blood or the defendant's
alcohol level was, at the time the blood or breath sample was taken, as stated in the
certificate, unless, with 10 days' written notice to the prosecution, the defendant requests
that a qualified witness testify as to any of the matters as to which the certificate constitutes
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prima facie evidence. The notice must specify those matters concerning which the
defendant requests testimony.
A person certified under subsection 5 as qualified to operate a self-contained, breath-
alcohol testing apparatus to determine the alcohol level may issue a certificate stating the
results of the analysis. That certificate, when duly signed and sworn to by the certified
person, is admissible in evidence in any court of the State. It is prima facie evidence that
the defendant's alcohol level was, at the time the breath sample was taken, as stated in the
certificate, unless, with 10 days' written notice to the prosecution, the defendant requests
that the operator or other qualified witness testify as to the results of the analysis.
Transfer of sample specimens to and from a laboratory for purposes of analysis is must be
by certified or registered mail and, when so made, is deemed to comply with all
requirements regarding the continuity of custody of physical evidence.
The failure of a person to comply with the duty to submit to and complete a chemical test
under section 204 is admissible in evidence on the issue of whether that person was under
the influence of intoxicating liquor or drugs. If the law enforcement officer having
probable cause to believe that the person operated or attempted to operate an aircraft while
under the influence of intoxicating liquor or drugs fails to give either of the warnings
required under subsection 2, the failure of the person to comply with the duty to submit to
a chemical test is not admissible, except when a test was required pursuant to subsection
11. If a failure to submit to and complete a chemical test is not admitted into evidence, the
court may inform the jury of the fact that no test result is available.
If a test result is not available for a reason other than failing to comply with the duty to
submit to and complete a chemical test, the unavailability and the reason are admissible in
evidence.
Sec. A-9. 8 MRSA §272-C, sub-§1, as amended by PL 2025, c. 390, Pt. B, §5, is
further amended to read:
1. Establishment; deposits; rules. A licensee conducting live racing in the State shall
establish a trust account for the benefit of the persons who race horses at that licensee's
facility. Except as provided by subsection 3, funds Funds distributed to or retained by the
licensee pursuant to sections 287, 289, 290, 292 and 298 and Title 7, section 91, less any
administrative assessments pursuant to section 267‑A, that must be used to pay or
supplement harness racing purses must be deposited in that account and used exclusively
to pay harness racing purses. The funds in a trust account established in accordance with
this subsection are not considered to be property of the licensee, may not be pledged as
security for the debts of the licensee and are not subject to attachment or execution by
creditors of the licensee. The commission may adopt rules governing the handling of trust
accounts, providing for the reallocation of trust account funds to other licensed commercial
tracks in the event that a track ceases operation or cancels a significant number of race
days, as determined by the commission, and governing the handling of harness racing
purses at any commercial track that does not have a contract with a statewide association
of horse owners, trainers and drivers. Rules adopted pursuant to this subsection are routine
technical rules pursuant to Title 5, chapter 375, subchapter 2‑A.
Sec. A-10. 11 MRSA §2-103, sub-§(4) is amended to read:
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(4). In addition, Article 1 1-A contains general definitions and principles of
construction and interpretation applicable throughout this Article.
Sec. A-11. 11 MRSA §2-1103, sub-§(4), as enacted by PL 1991, c. 805, §4, is
amended to read:
(4). In addition, Article 1 1-A contains general definitions and principles of
construction and interpretation applicable throughout this Article.
Sec. A-12. 11 MRSA §3-1103, sub-§(4), as enacted by PL 1993, c. 293, Pt. A, §2,
is amended to read:
(4). In addition, Article 1 1-A contains general definitions and principles of
construction and interpretation applicable throughout this Article.
Sec. A-13. 11 MRSA §4-104, sub-§(4) is amended to read:
(4). In addition, Article 1 1-A contains general definitions and principles of
construction and interpretation applicable throughout this Article.
Sec. A-14. 11 MRSA §4-1105, sub-§(4), as enacted by PL 1991, c. 812, §2, is
amended to read:
(4). In addition, Article 1 1-A contains general definitions and principles of
construction and interpretation applicable throughout this Article.
Sec. A-15. 11 MRSA §5-1102, sub-§(3), as enacted by PL 1997, c. 429, Pt. A, §2
and affected by §4, is amended to read:
(3). Article 1 1-A contains certain additional general definitions and principles of
construction and interpretation applicable throughout this Article.
Sec. A-16. 11 MRSA §7-1102, sub-§(3), as enacted by PL 2009, c. 324, Pt. A, §2
and affected by §4, is amended to read:
(3). In addition, Article 1 1-A contains general definitions and principles of
construction and interpretation applicable throughout this Article.
Sec. A-17. 11 MRSA §8-1102, sub-§(3), as enacted by PL 1997, c. 429, Pt. B, §2,
is amended to read:
(3). In addition, Article 1 1-A contains general definitions and principles of
construction and interpretation applicable throughout this Article.
Sec. A-18. 11 MRSA §9-1102, sub-§(72), ¶(f), as amended by PL 2013, c. 317,
Pt. A, §7, is further amended to read:
(f). A person that holds a security interest arising under section 2‑401, section 2‑505,
section 2‑711, subsection (3), section 2‑1508, subsection (5), section 4‑210, or 5-118
section 5-1118.
Sec. A-19. 11 MRSA §9-1102, last ¶, as enacted by PL 1999, c. 699, Pt. A, §2 and
affected by §4, is amended to read:
Article 1 1-A contains general definitions and principles of construction and
interpretation applicable throughout this Article.
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Sec. A-20. 12 MRSA §11401, sub-§2, ¶C, as enacted by PL 2025, c. 333, §12, is
amended to read:
C. Establish a 2-day youth deer hunting period, to be held on the Friday and Saturday
preceding the Saturday designated as an open day for residents of the State pursuant to
this section 11401.
Sec. A-21. 14 MRSA §4426, first ¶, as amended by PL 2021, c. 382, §3, is further
amended to read:
Notwithstanding anything to the contrary in 11 United States Code, Section 522(b), a
debtor may exempt from property of the debtor's estate under 11 United States Code only
that property exempt under 11 United States Code, Section 522(b)(3)(A) and (B), except
that any debtor eligible for a residence exemption under section 4422, subsection 1,
paragraph A-1 B may exempt the amount allowed in that paragraph.
Sec. A-22. 14 MRSA §6203-H, sub-§4, ¶A, as amended by PL 2025, c. 92, §4,
is further amended to read:
A. An option contract for the purchase of real property or rent-to-own real property
may be terminated only pursuant to the eviction process set forth in chapter 709 if:
(1) The vendor has entered into not more than one contract in any calendar year
or 2 contracts in any 5-year period;
(2) The option contract for the purchase of real property or rent-to-own real
property does not require an initial payment of more than 4 times the monthly rent
charged for the real property;
(3) The option contract for the purchase of real property or rent-to-own real
property requires the vendor to maintain the real property pursuant to the
provisions of section 6021, unless a waiver pursuant to the provisions of section
6021, subsection 5 has been entered into, the provisions of section 6021‑A and, if
applicable, the provisions of Title 10, section 9099, unless a waiver pursuant to
Title 10, section 9099, subsection 4 has been entered into; and
(4) The vendor has otherwise complied with the requirements of this section.
Sec. A-23. 15 MRSA §3301, sub-§7, ¶B, as enacted by PL 2025, c. 431, §13, is
amended to read:
B. The criminal violation of operating a motor vehicle under the influence of
intoxicating liquor or drugs or with an excessive alcohol level, as described under Title
29-A, section 2411, and offenses defined in Title 29-A as Class B or C crimes.
Sec. A-24. 22 MRSA §1597-A, sub-§6, ¶A, as enacted by PL 1989, c. 573, §2, is
amended by amending subparagraph (5) to read:
(5) That, if the court does not grant the minor majority rights for the purpose of
consent to the abortion, the court should find that the abortion is in the best interest
of the minor and give judicial consent to the abortion; and
Sec. A-25. 22 MRSA §1597-A, sub-§6, ¶A, as enacted by PL 1989, c. 573, §2, is
amended by reallocating subparagraph (7) to 22 MRSA §1597-A, sub-§6, ¶A, sub-¶6.
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Sec. A-26. 22 MRSA §1715, sub-§1, as amended by PL 2017, c. 475, Pt. A, §29,
is further amended to read:
1. Access requirements. Any person, including, but not limited to, an affiliated
interest as defined in former section 396‑L, that is subject to the requirements of this
subsection, shall provide the services listed in paragraph C to individuals who are eligible
for charity care in accordance with a charity care policy adopted by the affiliate or provider
that is consistent with rules applicable to hospitals under section 1716. A person is subject
to this subsection if that person:
A. Is either a direct provider of major ambulatory service, as defined in former section
382, subsection 8‑A, or is or has been required to obtain a certificate of need under
section 329 or former section 304 or 304-A;
B. Provides outpatient services as defined in former section 382, subsection 9‑A; and
C. Provides one or more of the following services:
(1) Imaging services, including, but not limited to, magnetic resonance imaging,
computerized tomography, mammography and radiology. For purposes of this
section, imaging services do not include:
(a) Screening procedures that are not related to the diagnosis or treatment of a
specific condition; or
(b) Services when:
(i) The services are owned by a community health center, a physician or
group of physicians;
(ii) The services are offered solely to the patients of that center, physician
or group of physicians; and
(iii) Referrals for the purpose of performing those services are not
accepted from other physicians;
(2) Laboratory services performed by a hospital or by a medical laboratory
licensed in accordance with the Maine Medical Laboratory Commission, or
licensed by an equivalent out-of-state licensing authority, excluding those licensed
laboratories owned by community health centers, a physician or group of
physicians where the laboratory services are offered solely to the patients of that
center, physician or group of physicians;
(3) Cardiac diagnostic services, including, but not limited to, cardiac
catheterization and angiography but excluding electrocardiograms and
electrocardiograph stress testing;
(4) Lithotripsy services;
(5) Services provided by free-standing ambulatory surgery facilities certified to
participate in the Medicare program; or
(6) Any other service performed in an out-patient setting requiring the purchase
of medical equipment costing in the aggregate $500,000 or more and for which the
charge per unit of service is $250 or more.
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Sec. A-27. 22 MRSA §1715, sub-§1, as amended by PL 2025, c. 488, §1 and
affected by §8, is further amended to read:
1. Access requirements. Any person, including, but not limited to, an affiliated
interest as defined in former section 396‑L, that is subject to the requirements of this
subsection, shall provide the services listed in paragraph C to individuals who are eligible
for charity care in accordance with a charity care policy adopted by the affiliate or provider
that is consistent with requirements applicable to hospitals under section 1716‑A and any
rules adopted pursuant to section 1716‑A. A person is subject to this subsection if that
person:
A. Is either a direct provider of major ambulatory service, as defined in former section
382, subsection 8‑A, or is or has been required to obtain a certificate of need under
section 329 or former section 304 or 304-A;
B. Provides outpatient services as defined in former section 382, subsection 9‑A; and
C. Provides one or more of the following services:
(1) Imaging services, including, but not limited to, magnetic resonance imaging,
computerized tomography, mammography and radiology. For purposes of this
section, imaging services do not include:
(a) Screening procedures that are not related to the diagnosis or treatment of a
specific condition; or
(b) Services when:
(i) The services are owned by a community health center, a physician or
group of physicians;
(ii) The services are offered solely to the patients of that center, physician
or group of physicians; and
(iii) Referrals for the purpose of performing those services are not
accepted from other physicians;
(2) Laboratory services performed by a hospital or by a medical laboratory
licensed by the department or licensed by an equivalent out-of-state licensing
authority, excluding those licensed laboratories owned by community health
centers, by a physician or by a group of physicians at which the laboratory services
are offered solely to the patients of that center, physician or group of physicians;
(3) Cardiac diagnostic services, including, but not limited to, cardiac
catheterization and angiography but excluding electrocardiograms and
electrocardiograph stress testing;
(4) Lithotripsy services;
(5) Services provided by free-standing ambulatory surgery facilities certified to
participate in the Medicare program; or
(6) Any other service performed in an out-patient setting requiring the purchase
of medical equipment costing in the aggregate $500,000 or more and for which the
charge per unit of service is $250 or more.
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Sec. A-28. Effective date. That section of this Part that amends the Maine Revised
Statutes, Title 22, section 1715, subsection 1, as amended by Public Law 2025, chapter
488, section 1 and affected by section 8, takes effect July 1, 2026.
Sec. A-29. 22 MRSA §2842, sub-§2-A, as amended by PL 2009, c. 601, §25 and
PL 2025, c. 316, §3, is further amended to read:
2-A. Medical certification. Notwithstanding subsection 2, with respect to a person
who dies within the State naturally and for whom the physician, nurse practitioner or
physician associate was the attending health care provider, the medical certification of the
cause of death may be completed and signed by a physician, nurse practitioner or physician
associate authorized to practice at the United States Department of Veterans Affairs at
Togus or at another federal medical facility within the State or by a physician, an advanced
practice registered nurse or physician associate licensed to practice in New Hampshire,
Vermont or Massachusetts who, at the request of the Chief Medical Examiner, is willing
to do so.
Sec. A-30. 22 MRSA §2843, 2nd ¶, as amended by PL 2023, c. 676, §11, is further
amended to read:
The State Registrar of Vital Statistics or a municipal clerk may issue a permit for final
disposition by cremation, burial at sea, use by medical science, natural organic reduction
or removal from the State only upon receipt of a certificate by a duly appointed medicolegal
death investigator or medical examiner as specified in section 2900-A, subsection 8 or Title
32, section 1405 or section 2900‑A, subsection 8.
Sec. A-31. 24-A MRSA §1443-A, sub-§1, ¶A, as enacted by PL 1997, c. 457,
§23 and affected by §55, is amended by amending subparagraph (4) to read:
(4) An insurer or insurance producer or consultant utilizing space in the retail area
of a financial institution or credit union authorized to do business in this State or
of a financial institution holding company or an institution listed in subparagraph
(1) in order to engage in the transaction of insurance when payments for use of the
space are made to the that institution pursuant to a space-sharing agreement based
directly or indirectly upon a percentage of the volume of business conducted by
the insurer, insurance agent, broker or consultant.
Sec. A-32. 24-A MRSA §2003, sub-§7, ¶A, as enacted by PL 2011, c. 331, §3
and affected by §§16 and 17, is amended by amending subparagraph (2) to read:
(2) If 100% of the insured risk is located out of the state referred to in subparagraph
1 (1), the state to which the greatest percentage of the insured's taxable premium
for that insurance contract is allocated; or
Sec. A-33. 25 MRSA §2803-B, sub-§1, ¶O, as amended by PL 2025, c. 219, §2
and c. 344, §2, is repealed and the following enacted in its place:
O. By January 1, 2024, the confidentiality of attorney-client communications, which
must include, at a minimum, processes to protect and ensure confidentiality of
attorney‑client communications and processes to be followed in the event that there is
a breach of attorney‑client confidentiality;
Sec. A-34. 25 MRSA §2803-B, sub-§1, ¶P, as enacted by PL 2025, c. 219, §3, is
amended to read:
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P. By January 1, 2026, requirements for the law enforcement agency to assist a
prosecuting agency in complying with the prosecuting agency's constitutional
obligations under Brady v. Maryland, 373 U.S. 83 (1963) and Giglio v. United States,
405 U.S. 150 (1972); and
Sec. A-35. 25 MRSA §2803-B, sub-§1, ¶P, as enacted by PL 2025, c. 344, §3, is
reallocated to 25 MRSA §2803-B, sub-§1, ¶R.
Sec. A-36. 25 MRSA §2803-B, sub-§1, ¶Q, as enacted by PL 2025, c. 219, §4, is
amended to read:
Q. By January 1, 2026, requirements for the law enforcement agency to comply with
mandatory disclosures to the Maine Criminal Justice Academy.; and
Sec. A-37. 26 MRSA §1192-A, sub-§1, ¶C, as enacted by PL 2025, c. 235, §11,
is amended by amending subparagraph (5) to read:
(5) The unemployed individual is performing either a military or civil duty as
required by law; and or
Sec. A-38. 26 MRSA §2066, sub-§1, ¶F, as enacted by PL 2025, c. 396, §12, is
amended to read:
F. Conduct outreach to communities with disproportionately low enrollment in
unemployment insurance and reemployment assistance. The program shall provide
individual assistance, education and referrals for individuals applying for and making
ongoing claims for unemployment compensation, including offering assistance
connecting with department staff and coaching on self-advocacy for claimants
experiencing barriers to services. The program shall inform individuals about
provisions of law that may assist low-income and frequently unemployed individuals
disproportionately, including the dislocated worker benefits program under section
1043 1196, subsection 5, paragraph B 1-A and section 1191, subsection 4, paragraph
A, partial unemployment benefits and reemployment services; and
Sec. A-39. 30-A MRSA §4326, sub-§3-A, as amended by PL 2025, c. 388, Pt. D,
§34 and repealed by c. 393, §34, is repealed.
Sec. A-40. 30-A MRSA §4326, sub-§3-B, ¶D, as enacted by PL 2025, c. 393,
§34, is amended to read:
D. A future land use plan is not required to identify growth areas within the
municipality or multimunicipal region for residential, commercial or industrial growth
if the municipality or multimunicipal region demonstrates, in its comprehensive plan
and in accordance with rules adopted by the department pursuant to this article, that:
(1) It is not possible to accommodate future residential, commercial or industrial
growth within the municipality or multimunicipal region because of severe
physical limitations, including, without limitation, the lack of adequate water
supply and sewage disposal services, very shallow soils or limitations imposed by
protected natural resources;
(2) The municipality or multimunicipal region has experienced minimal or no
residential, commercial or industrial development over the past decade and this
condition is expected to continue over the 10-year planning period; or
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(3) The municipality or multimunicipal region has no downtown or densely
developed area.
A municipality or multimunicipal region exercising the discretion afforded by this
paragraph shall review the basis for its demonstration during the periodic revisions
undertaken pursuant to Title 5, section 4347‑A 3233.
Sec. A-41. 30-A MRSA §4346, as repealed by PL 2025, c. 388, Pt. D, §35 and
amended by c. 393, §§35 and 36, is repealed.
Sec. A-42. 30-A MRSA §4347-A, as repealed by PL 2025, c. 388, Pt. D, §35 and
amended by c. 393, §§37 to 44, is repealed.
Sec. A-43. 30-A MRSA §4364, sub-§2, as amended by PL 2025, c. 385, §4 and
affected by §23 and amended by c. 388, Pt. D, §36, is repealed and the following enacted
in its place:
2. Density requirements. A municipality shall allow an affordable housing
development where multifamily dwellings are allowed to have a dwelling unit density of
at least 2 1/2 times the base density that is otherwise allowed in that location and may not
require more than 2 off-street parking spaces for every 3 units. The development must be
in a designated growth area of a municipality consistent with Title 5, section 3234,
subsection 1, paragraph A or B or the development must be served by a public, special
district or other centrally managed water system and a public, special district or other
comparable sewer system. The development must comply with minimum lot size
requirements in accordance with Title 12, chapter 423‑A, as applicable.
Sec. A-44. 30-A MRSA §4364-A, sub-§1, as repealed and replaced by PL 2025,
c. 385, §7 and affected by §23 and amended by c. 388, Pt. D, §37, is repealed and the
following enacted in its place:
1. Use allowed. Notwithstanding any provision of law to the contrary, except Title
12, chapter 423‑A, for any area in which residential uses are allowed, including as a
conditional use, a municipality shall allow at a minimum:
A. Three dwelling units, attached or detached, including accessory dwelling units, per
lot; and
B. Four dwelling units, attached or detached, including accessory dwelling units, per
lot if the lot is located in a designated growth area within a municipality consistent with
Title 5, section 3234, subsection 1, paragraph A or B or served by a public, special
district or other centrally managed water system and a public, special district or other
comparable sewer system.
A municipality may allow more units than the minimum number required by this
subsection.
Sec. A-45. 30-A MRSA §4364-E, sub-§6, as enacted by PL 2025, c. 364, §2 and
reallocated by RR 2025, c. 1, Pt. A, §42, is amended to read:
6. Rulemaking. The state agency responsible for administering the Housing
Opportunity Program established in Title 5, section 13056-J 3241 may adopt rules to
administer and enforce this section. Rules adopted pursuant to this subsection are routine
technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
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Sec. A-46. 32 MRSA §3270-G, sub-§4, as enacted by PL 2019, c. 627, Pt. B, §17
and amended by PL 2025, c. 316, §3, is further amended to read:
4. Consultation. A physician associate shall, as indicated by a patient's condition, the
education, competencies and experience of the physician associate and the standards of
care, consult with, collaborate with or refer the patient to an appropriate physician or other
health care professional. The level of consultation required under this subsection is
determined by the practice setting, including a physician employer, physician group
practice, or private practice, or by the system of credentialing and granting of privileges of
a health care facility. A physician must shall be accessible to the physician associate at all
times for consultation. Consultation may occur electronically or through
telecommunication and includes communication, task sharing and education among all
members of a health care team.
Sec. A-47. 34-B MRSA §3012, sub-§3, as enacted by PL 2025, c. 349, §1, is
amended to read:
3. Access to state mental health institute records. In addition to the agency's
authority to access records under Title 5, chapter 511 and notwithstanding subsection
section 1207, the agency contracted under subsection 2 may access medical records of
individuals with serious mental illness who are hospitalized in a state mental health institute
as defined in section 3801, subsection 9 when necessary to provide advocacy services as
authorized under Title 5.
Sec. A-48. 34-B MRSA §3801, sub-§4-A, ¶D, as enacted by PL 2009, c. 651, §4,
is amended to read:
D. For the purposes of section 3873‑A, in view of the person's treatment history,
current behavior and inability to make an informed decision, a reasonable likelihood
that the person's mental health will deteriorate and that the person will in the
foreseeable future pose a likelihood of serious harm as defined in paragraphs paragraph
A, B or C.
Sec. A-49. 36 MRSA §1545, first ¶, as amended by PL 2025, c. 113, Pt. D, §81,
is further amended to read:
All timber and grass acreage forfeited under section 1544 must be held in trust by the
State for the benefit of the people of Maine and must be held by the Director of the Bureau
of Parks and Lands within the Department of Agriculture, Conservation and Forestry
subject to the same powers and responsibilities as apply to other lands in the director's
custody.
Sec. A-50. 36 MRSA §1546, first ¶, as repealed and replaced by PL 1975, c. 339,
§16 and amended by PL 1995, c. 502, Pt. E, §30, PL 2011, c. 657, Pt. W, §7 and PL 2013,
c. 405, Pt. A, §24, is further amended to read:
The Director of the Bureau of Parks and Lands within the Department of Agriculture,
Conservation and Forestry shall cause a division to be made, if found necessary from time
to time, of the public reserved lots which that have been partially forfeited, and shall set off
and hold the forfeited portions for the benefit of the people of Maine, as provided for in
section 1545.
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Sec. A-51. 36 MRSA §4365-F, as amended by PL 2025, c. 367, §§16 and 17 and
affected by §20 and repealed by c. 388, Pt. E, §2 and affected by §6, is repealed.
Sec. A-52. 38 MRSA §3107, sub-§1, as amended by PL 2025, c. 241, §5, is further
amended to read:
1. Commingling requirement. If initiators of deposit enter into a commingling
agreement pursuant to this section, commingling of beverage containers must be by all
containers of like deposit value, product group, material and size. Initiators of deposit may
not require dealers or redemption centers to further sort containers that belong to the
commingling group. This subsection does not prevent further commingling of containers
if requested by the responsible commingling group or the cooperative. An initiator of
deposit required pursuant to section 3106, subsection 8 or 8‑A to pick up beverage
containers subject to a commingling agreement also shall pick up all other beverage
containers subject to the same agreement. A dealer or redemption center that processes
beverage containers using a reverse vending machine or account-based bulk processing
program is not required to sort material by color, in accordance with subsection 2,
paragraphs E to H, deposit value or size but must comply with the requirements of section
3106, subsection 6.
Sec. A-53. 38 MRSA §3113, first ¶, as amended by PL 2023, c. 482, §32, is further
amended to read:
A license issued annually by the department is required before any person may initiate
deposits under section 3103, operate a redemption center under section 3109 or act as a
contracted agent for the collection of beverage containers under section 3106, subsection 8
or 8‑A.
Sec. A-54. 39-A MRSA §309, sub-§3, as corrected by RR 2025, c. 1, Pt. B, §10,
is amended to read:
3. Witnesses; discovery. All witnesses must be sworn. Sworn written evidence may
not be admitted unless the author is available for cross-examination or subject to subpoena;
except that sworn statements by a medical doctor or osteopathic physician relating to
medical questions, by a psychologist relating to psychological questions, by a chiropractor
relating to chiropractic questions, by a certified nurse practitioner who qualifies as an
advanced practice registered nurse relating to advanced practice registered nursing
questions or by a physician associate relating to physician assistance questions pertaining
to the business of a physician associate are admissible in workers' compensation hearings
only if notice of the testimony to be used is given and service of a copy of the letter or
report is made on the opposing counsel 14 days before the scheduled hearing.
Depositions or subpoenas of health care practitioners who have submitted sworn written
evidence are permitted only if the administrative law judge finds that the testimony is
sufficiently important to outweigh the delay in the proceeding.
The board may establish procedures for the prefiling of summaries of the testimony of any
witness in written form. In all proceedings before the board or its designee, discovery
beyond that specified in this section is available only upon application to the board, which
may approve the application in the exercise of its discretion.
Sec. A-55. 39-A MRSA §309, sub-§4, as enacted by PL 1991, c. 885, Pt. A, §8
and affected by §§9 to 11, is amended to read:
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4. Contempts before board. A person may not, in proceedings before the board:
disobey or resist any lawful order, process or writ; misbehave during a hearing or so near
the place of hearing as to obstruct the hearing; neglect to produce, after having been ordered
to do so, any pertinent document; or refuse to appear after having been subpoenaed or, upon
appearing, refuse to be examined according to law.
If any person violates this subsection, the board shall certify the facts to a Justice of the
Superior Court in the county where the alleged offense occurred and the justice may serve
or cause to be served on that person an order requiring that person to appear before the
justice on a day certain to show cause why the person should not be adjudged in contempt
by reason of the facts so certified. The justice shall, upon the appearance of that person, in
a summary manner, hear the evidence as to the acts complained of and, if it is such as to
warrant doing so, punish that person in the same manner and to the same extent as for a
contempt committed before the justice, or commit that person on the same conditions as if
the doing of the forbidden act had occurred with reference to the process of the Superior
Court or in the presence of the justice.
PART B
Sec. B-1. 5 MRSA §3233, sub-§4, ¶C, as enacted by PL 2025, c. 388, Pt. D, §12,
is amended to read:
C. Within 35 10 business days after receiving the comprehensive plan, notify the
municipality or multimunicipal region if the plan is complete for purposes of review.
If the office notifies the municipality or multimunicipal region that the plan is not
complete for purposes of review, the office shall indicate in its notice necessary
additional data or information;
Sec. B-2. 5 MRSA §3233, sub-§4, ¶D, as enacted by PL 2025, c. 388, Pt. D, §12,
is amended to read:
D. Within 10 35 business days of issuing notification that a comprehensive plan is
complete for purposes of review, issue findings specifically describing whether the
submitted plan is consistent with the procedures, goals and guidelines established in
Title 30‑A, chapter 187, subchapter 2 and identify which inconsistencies in the plan, if
any, may directly affect rate of growth, zoning or impact fee ordinances.
(1) In its findings, the office shall clearly indicate its position on any point on
which there are significant conflicts among the written comments submitted to the
office.
(2) If the office finds that the comprehensive plan was developed in accordance
with the procedures, goals and guidelines established in Title 30‑A, chapter 187,
subchapter 2, the office shall issue a finding of consistency for the comprehensive
plan.
(3) A finding of inconsistency must identify the goals under Title 30‑A, chapter
187, subchapter 2 not adequately addressed, specific sections of the rules relating
to comprehensive plan review adopted by the office not adequately addressed and
recommendations for resolving the inconsistency;
Sec. B-3. 5 MRSA §3233, sub-§4, ¶F, as enacted by PL 2025, c. 388, Pt. D, §12,
is amended to read:
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F. Provide ample opportunity for the municipality or multimunicipal region submitting
a comprehensive plan to respond to and correct any identified deficiencies in the plan
revise the plan to be consistent with the procedures, goals and guidelines established
in Title 30-A, chapter 187, subchapter 2. A finding of inconsistency for a
comprehensive plan may be addressed within 24 months of the date of the finding
without addressing any new review standards that are created during that time interval.
After 24 months, the plan must be resubmitted in its entirety for state review under the
office's most current review standards.
Sec. B-4. 5 MRSA §3233, sub-§4, as enacted by PL 2025, c. 388, Pt. D, §12, is
amended by amending the 3rd blocked paragraph to read:
A finding by the office pursuant to paragraph D that a comprehensive plan is consistent
with the procedures, goals and guidelines established in Title 30‑A, chapter 187, subchapter
2 is valid for 12 years from the date of its issuance. A finding by the Department of
Agriculture, Conservation and Forestry issued after January 1, 2013 that a comprehensive
plan is consistent with the procedures, goals and guidelines established in Title 30-A,
chapter 187, subchapter 2 is valid until December 12, 2028 or 12 years after the date of
consistency determined by the department, whichever is later. For purposes of Title 30‑A,
section 4314, subsection 3 and Title 30‑A, section 4352, subsection 2, expiration of a
finding of consistency pursuant to this subsection does not itself make a comprehensive
plan inconsistent with the procedures, goals and guidelines established in Title 30‑A,
chapter 187, subchapter 2.
PART C
Sec. C-1. 5 MRSA §4763, as enacted by PL 2025, c. 517, §1, is amended by
amending the section headnote to read:
§4763. Prohibited Regulated activities
Sec. C-2. 5 MRSA §7039, as corrected by RR 2001, c. 2, Part A, §9, is amended to
read:
§7039. Civil Service Law
The Civil Service Law consists of chapters 56-A, 65, 67, 68, 69, and 71 and this
chapter. Whenever reference is made in statute or rule to the Civil Service Law, the
chapters delineated in this section apply.
Sec. C-3. 9-B MRSA §131, sub-§22-B, as enacted by PL 1997, c. 315, §9, is
amended to read:
22-B. Insurance agent or agency and insurance producer. "Insurance agent or
agency" means a person engaged in the business of an insurance agent as defined and
"insurance producer" have the same meaning as "insurance producer" in Title 24‑A, section
1502 1402, subsection 5.
Sec. C-4. 9-B MRSA §131, sub-§22-C, as enacted by PL 1997, c. 315, §9, is
repealed.
Sec. C-5. 9-B MRSA §427, sub-§3, ¶C, as enacted by PL 1975, c. 500, §1, is
amended to read:
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C. Nothing contained in this This subsection shall be deemed may not be construed to
modify or otherwise affect Title 11, section 1‑201, subsection 25 or Title 11, section
3‑304, nor 1-1202, 3-1302, 3-1304 or 3-1307 or to relieve such a drawee financial
institution from any liability imposed upon it by law to the extent of any payment or
amount which such that the institution may receive for its benefit from any of such
checks drawn or endorsed as described in paragraph A or funds represented thereby by
those checks.
Sec. C-6. 9-B MRSA §448, as amended by PL 1999, c. 790, Pt. A, §10 and PL
2007, c. 273, Pt. B, §§5 and 6 and affected by §7 and c. 695, Pt. A, §47, is further amended
by amending the section headnote to read:
§448. Insurance agency activities
Sec. C-7. 9-B MRSA §448, sub-§3, as enacted by PL 1997, c. 315, §17, is amended
to read:
3. Customer notice that insurance is not federally guaranteed. An institution that
engages in insurance agency or brokerage activities authorized under subsection 1 must
provide customer notice regarding insurance products in the following manner.
A. The institution shall post conspicuously a notice that is clearly visible to all
customers that may purchase insurance products from the institution. The notice must
state in clearly understandable language that the insurance is not insured by the Federal
Deposit Insurance Corporation or National Credit Union Administration, as applicable;
B. When a prospective purchaser of insurance is directly and personally contacted by
the institution, the institution shall orally inform that prospective purchaser of
insurance that the insurance product is not insured by the Federal Deposit Insurance
Corporation or National Credit Union Administration, as applicable; and
C. Before the sale of an insurance product is completed the institution must obtain a
written statement signed by the purchaser of insurance that the purchaser received the
oral notice required by paragraph B.
Sec. C-8. 12 MRSA §6025, sub-§1, as amended by PL 1985, c. 785, Pt. B, §67, is
further amended to read:
1. Appointment. Applicants for the position of a marine patrol officer who qualify
under the officer's code and pass the examination administered by the Bureau of Human
Resources may be appointed by the commissioner to hold office under Title 5, chapters 51
to 67 the Civil Service Law and under the officer's code.
Sec. C-9. 24-A MRSA §4362, sub-§3, as enacted by PL 1969, c. 132, §1 and
amended by PL 1973, c. 585, §12, is further amended to read:
3. Notwithstanding any other provision of law, no bond shall be required of the
superintendent as a prerequisite for the issuance of any injunction or restraining order
pursuant to this section subsection 1 or 2.
Sec. C-10. 24-A MRSA §4362, sub-§4, as enacted by PL 2025, c. 17, §3, is
amended to read:
4. Notwithstanding subsections 1, and 2 or 3 or any provision of this chapter to the
contrary, a person may not for more than 10 days be restrained, enjoined or prohibited from
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exercising or enforcing any right or cause of action under any pledge, security, credit,
collateral, loan, advance, reimbursement, guarantee agreement or arrangement or any
similar agreement, arrangement or other credit enhancement to which a federal home loan
bank is a party.
Sec. C-11. 26 MRSA §852, as corrected by RR 2023, c. 2, Pt. E, §34, is amended
to read:
§852. Employment of replacements prohibited
A person, partnership, union, agency, firm or corporation or officer, employee or agent
thereof may not recruit, procure, supply or refer any person for employment who
customarily and repeatedly offers to accept employment in place of any employee involved
in a labor, strike or lockout in which that person, partnership, union, agency, firm or
corporation is not directly involved.
Sec. C-12. 26 MRSA §853, as corrected by RR 2023, c. 2, Pt. E, §35, is amended
to read:
§853. Arrangements
A person, partnership, union, firm or corporation involved in a labor, strike or lockout
may not, directly or indirectly, employ in the place of an employee involved in that strike
or lockout any person who customarily and repeatedly offers to accept employment in the
place of employees involved in a labor strike or lockout or contract or arrange with any
other person, partnership, union, agency, firm or corporation to recruit, procure, supply or
refer persons for employment who customarily and repeatedly offer to accept employment
in place of employees involved in a labor, strike or lockout.
Sec. C-13. 26 MRSA §854, as corrected by RR 2023, c. 2, Pt. E, §36, is amended
to read:
§854. Offers
A person who customarily and repeatedly offers to accept employment in place of
employees involved in a labor, strike or lockout may not take or offer to take the place of
employment of any employee involved in a labor, strike or lockout.
Sec. C-14. 26 MRSA §855, as corrected by RR 2023, c. 2, Pt. E, §37, is amended
to read:
§855. Evidence
It is prima facie evidence that a person customarily and repeatedly offers to accept
employment in place of employees involved in a labor, strike or lockout if the person has
2 times before offered to take the place of employment of persons involved in labor, strikes
or lockouts.
Sec. C-15. 33 MRSA §1603-117, first ¶, as enacted by PL 1981, c. 699, is
amended to read:
(a) A judgment for money against the association, if a lien order is filed with the
Register of Deeds register of deeds of the county where the condominium is located, as
provided in Title 14, section 3132, as it or its equivalent may be amended or modified from
time to time 3131, subsection 9, paragraph B, is not a lien on the common elements, but is
a lien in favor of the judgment lienholder against all of the units in the condominium at the
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time the judgment was entered. No other Other property of a unit owner is not subject to
the claims of creditors of the association.
Sec. C-16. 34-B MRSA §3613, as repealed and replaced by PL 2025, c. 388, Pt.
YY, §1 and repealed by c. 390, Pt. A, §55, is repealed and the following enacted in its
place:
§3613. Crisis receiving centers
1. Definitions. As used in this section, unless the context otherwise indicates, "crisis
receiving center" means a center that provides immediate and short-term walk-in access to
an array of both clinical and nonclinical mental health and substance use disorder crisis
stabilization services to all individuals seeking care regardless of acuity or insurance
coverage and within bounds of licensing.
2. Department to develop plan and serve as coordinator. The department shall
develop a plan for a network of community-based crisis receiving centers across the State
to support both clinical and nonclinical mental health and substance use disorder crisis
stabilization services. The department shall also coordinate meetings, technical assistance
and training and provide other assistance to help create, maintain and, as necessary, expand
the network.
3. Guidelines. In carrying out its duties under subsection 2, the department shall:
A. Consult with law enforcement agencies, municipalities, public health experts,
behavioral health care providers, other states and others as appropriate;
B. Assess geographical locations for maximization of community impact;
C. Provide technical assistance to persons and entities across the State and providers
interested in joining the network;
D. Coordinate regular meetings with crisis receiving centers and provide technical
assistance to crisis receiving centers; and
E. Engage in continual process improvement and planning updates.
Sec. C-17. 34-B MRSA §3614, as enacted by PL 2023, c. 675, §9 and reallocated
by PL 2025, c. 390, Pt. A, §56, is repealed.
Sec. C-18. 38 MRSA §1303-C, sub-§40, as amended by PL 1989, c. 869, Pt. A,
§5 and affected by §21, is further amended to read:
40. Waste facility. "Waste facility" means any land area, structure, location,
equipment or combination of them, including dumps, used for handling hazardous,
biomedical or solid waste, waste oil, sludge or septage. A land area or structure does not
become a waste facility solely because:
A. It is used by its owner for disposing of septage from the owner's residence;
B. It is used to store for 90 days or less hazardous wastes generated on the same
premises;
C. It is used by individual homeowners or lessees to open burn leaves, brush,
deadwood and tree cuttings accrued from normal maintenance of their residential
property, when such burning is permitted under Title 12, section 599 9325, subsection
3 1, paragraph F; or
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D. It is used by its residential owner to burn highly combustible domestic, household
trash such as paper, cardboard cartons or wood boxes, when such burning is permitted
under section 599, subsection 3.
E. It is used by its residential owner to engage in out-of-door burning of wood wastes
as defined in Title 12, section 9324, subsection 7-A and painted or unpainted wood
from construction and demolition debris under Title 12, section 9325, subsection 1,
paragraph E.
Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved, except as otherwise indicated.