How to prevent Modelcheck from removing a feature from one layer when assigned to multiple layers?

I have a 3d note in a model assigned to 2 layers.  I need this note to remain on both layers.
Modelcheck currently removing it from the last layer in the layer tree.
How can I prevent this from happening when running interactive Modelcheck?
This image is correct                    This image after running Modelcheck incorrect

Need Modelcheck to retain the second export statement note
I have attached the model-check config files.

Any help would be appreciated!

Thanks,

Don A