Sec. A-1. 2 MRSA §8, as enacted by PL 1995, c. 537, §1, is amended to read:
§8. Land use mediation; obligation to participate
Agencies within the executive branch shall participate in mediation under Title 5, chapter 314, subchapter II, when requested to participate by the Court Mediation Alternative Dispute Resolution Service. This section is repealed October 1, 2001.
Sec. A-2. 3 MRSA §927, sub-§6, ¶C, as repealed by PL 1995, c. 488, §1 and amended by c. 505, §1, is repealed.
Sec. A-3. 4 MRSA §18, sub-§6, as repealed by PL 1995, c. 560, Pt. I, §2 and amended by c. 694, Pt. D, §1 and affected by Pt. E, §2, is repealed.
Sec. A-4. 4 MRSA §18, sub-§6-B, as enacted by PL 1995, c. 537, §2 and repealed by c. 560, Pt. I, §2, is repealed.
Sec. A-5. 4 MRSA §18-B, sub-§10 is enacted to read:
10. Land use mediation. The land use mediation program is a program within the Court Alternative Dispute Resolution Service.
A. The Director of the Court Alternative Dispute Resolution Service shall administer the land use mediation program established in Title 5, chapter 314, subchapter II.
B. A land use mediation fund is established as a nonlapsing, dedicated fund within the Administrative Office of the Courts. Fees collected for mediation services pursuant to Title 5, chapter 314, subchapter II must be deposited in the fund. The Administrative Office of the Courts shall use the resources in the fund to cover the costs of providing mediation services as required under Title 5, chapter 314, subchapter II.
This subsection is repealed October 1, 2001. Any balances remaining in the land use mediation fund must be transferred to a nonlapsing account within the Judicial Department to be used to defray mediation expenses.
Sec. A-6. 4 MRSA §807, sub-§3, ¶I, as amended by PL 1995, c. 599, §2 and c. 694, Pt. D, §4 and affected by Pt. E, §2, is repealed and the following enacted in its place:
I. A person who is not an attorney, but is representing the Department of Human Services in a child support enforcement matter as provided by Title 14, section 3128-A, subsection 7 and Title 19-A, section 2361, subsection 10. This paragraph is repealed October 1, 1998; or
Sec. A-7. Effective date. That section of this Part that repeals and replaces the Maine Revised Statutes, Title 4, section 807, subsection 3, paragraph I takes effect October 1, 1997.
Sec. A-8. 5 MRSA §1660-D, sub-§6, as enacted by PL 1995, c. 402, Pt. C, §2, is amended to read:
6. Department. "Department" means the Department of Human Services, and the Department of Mental Health and, Mental Retardation and the Office of Substance Abuse Services, as well as other departments and agencies of State Government approved for inclusion in this chapter by the commissioner.
Sec. A-9. 5 MRSA §1660-L, as enacted by PL 1995, c. 402, Pt. C, §2, is amended to read:
§1660-L. Advisory Committee to the Commissioner
There is established the Advisory Committee to the Commissioner, referred to in this section as the "advisory committee." The advisory committee must be appointed by the commissioner and consists of 7 members. Three members must represent the Department of Human Services, and the Department of Mental Health and, Mental Retardation and the Office of Substance Abuse Services. Three members must represent community agencies. One member must represent the independent audit community. The chair must be elected by the committee from its members. All members of the advisory committee serve without compensation or reimbursement for expenses. The advisory committee must prepare an annual written report to the Legislature on the experience of the department with this chapter.
Sec. A-10. 5 MRSA §3331, sub-§5, as enacted by PL 1995, c. 537, §4, is amended to read:
5. Reporting on the land use mediation program. The council shall report by December 1, 1998 and December 1, 2000 to the Governor, the Administrative Office of the Courts, the Executive Director of the Legislative Council and the Director of the Court Mediation Alternative Dispute Resolution Service on the operation and effectiveness of the land use mediation program established under subchapter II. The reports must list the number and type of mediation requests received, the number of mediation sessions conducted, the number of signed mediation agreements, a summary of the final disposition of mediation agreements, a narrative discussion of the effectiveness of the program as determined by the council, a summary of deposits and expenditures from the land use mediation fund created in Title 4, section 18 18-B, subsection 6-B 10 and any proposals by the council with respect to the operation, improvement or continuation of the mediation program. This subsection is repealed October 1, 2001.
Sec. A-11. 5 MRSA §3341, sub-§2, as enacted by PL 1995, c. 537, §5, is amended to read:
2. Provision of mediation services; forms, filing and fees. The Court Mediation Alternative Dispute Resolution Service created in Title 4, section 18 18-B shall provide mediation services under this subchapter. The Court Mediation Alternative Dispute Resolution Service shall:
A. Assign mediators under this subchapter who are knowledgeable in land use regulatory issues and environmental law;
B. Establish a simple and expedient application process. Not later than February 1st of each year, the Court Mediation Alternative Dispute Resolution Service shall send to the chair of the Land and Water Resources Council a copy of each completed application received and each agreement signed during the previous calendar year; and
C. Establish a fee for services in an amount not to exceed $175 for every 4 hours of mediation services provided. In addition, the landowner is responsible for the costs of providing notice as required under subsection 7.
Sec. A-12. 5 MRSA §12004-K, sub-§4-A, as enacted by PL 1989, c. 503, Pt. A, §38, is repealed.
Sec. A-13. 5 MRSA §13063-C, sub-§2, as enacted by PL 1995, c. 706, §2, is repealed and the following enacted in its place:
2. Definitions. As used in this section the following terms have the following meanings.
A. "Certified retained business" means any for-profit business in this State other than a public utility as defined by Title 35-A, section 102 that retains 100 or more qualified employees in this State and that meets all of the following criteria to the satisfaction of the commissioner:
(1) The business is not engaged in retail operations; or, if it is engaged in retail operations, less than 50% of its total annual revenues from state-based operations are derived from sales taxable in this State or the business can demonstrate to the commissioner by a preponderance of the evidence that any increased sales will not include sales tax revenues derived from a transferring or shifting of retail sales from other businesses in this State; and
(2) The commissioner determines that the business is a successor to a business that would have ceased operations in this State but for the acquisition of that business after September 1, 1996 by the applicant by any means and the applicant demonstrates to the commissioner its intention to continue to operate and employ qualified employees in the State.
For purposes of this paragraph, "retail operations" means sales of consumer goods for household use to consumers who personally visit the business location to purchase the goods.
B. "Qualified employees" means full-time employees who are employed by a certified retained business, for whom a retirement program subject to the Employee Retirement Income Security Act of 1974, 29 United States Code, Sections 101 to 1461, as amended, and group health insurance are provided, and whose income, calculated on a calendar year basis, is greater than the average annual per capita income in the labor market area in which the qualified employee is employed. Qualified employees must be residents of this State.
Sec. A-14. 5 MRSA §18525, sub-§1, ¶B, as amended by PL 1995, c. 643, §21, and repealed by §22, is repealed.
Sec. A-15. 10 MRSA §934, sub-§3, ¶A, as amended by PL 1995, c. 688, §10, is repealed.
Sec. A-16. 10 MRSA §1471, sub-§4, as amended by PL 1995, c. 65, Pt. A, §18 and affected by §153 and Pt. C, §15, is further amended to read:
4. Motor vehicle. "Motor vehicle" means any self-propelled vehicle designed primarily to transport not more than 14 individuals, except motorcycles as defined in Title 29-A, section 101, subsection 38, and any vehicles operated exclusively on a rail or rails. This definition is intended to include motor trucks that have a gross vehicle weight of not more than 10,000 pounds as certified by the vehicle manufacturer or its franchised representative pursuant to Title 29, section 1652.
Sec. A-17. 17-A MRSA §15, sub-§1, ¶A, as repealed and replaced by PL 1995, c. 668, §2 and c. 680, §3, is repealed and the following enacted in its place:
A. Any person who the officer has probable cause to believe has committed or is committing:
(1) Murder;
(2) Any Class A, Class B or Class C crime;
(3) Assault while hunting;
(4) Any offense defined in chapter 45;
(5) Assault, criminal threatening, terrorizing or stalking, if the officer reasonably believes that the person may cause injury to others unless immediately arrested;
(5-A) Assault or reckless conduct if the officer reasonably believes that the person and the victim are family or household members, as defined in Title 15, section 321;
(6) Theft as defined in section 357, when the value of the services is $2,000 or less if the officer reasonably believes that the person will not be apprehended unless immediately arrested;
(7) Forgery, if the officer reasonably believes that the person will not be apprehended unless immediately arrested;
(8) Negotiating a worthless instrument if the officer reasonably believes that the person will not be apprehended unless immediately arrested;
(9) A violation of a condition of probation when requested by an official of the Division of Probation and Parole;
(10) Violation of a condition of release in violation of Title 15, section 1026, subsection 3; Title 15, section 1027, subsection 3; Title 15, section 1051, subsection 2; and Title 15, section 1092;
(11) Theft involving a detention under Title 17, section 3521;
(12) Harassment, as set forth in section 506-A;
(13) Violation of a protection order, as specified in Title 5, section 4659, subsection 2; Title 15, section 321, subsection 6; Title 19, section 769, subsection 2; and Title 19, section 770, subsection 5; or
(14) A violation of a sex offender registration provision under Title 34-A, chapter 11 or 13; and
Sec. A-18. 20-A MRSA §8703, sub-§§1 and 2, as amended by PL 1995, c. 402, Pt. A, §47 and amended by c. 505, §6 and affected by §22, are repealed and the following enacted in their place:
1. Licensing. Only a person licensed by the Secretary of State as a driver education teacher may be employed by a public secondary school, approved private secondary school, an applied technology center, applied technology region or adult education program, conducted pursuant to chapter 315, to teach driver education. The Secretary of State shall establish instructor qualification requirements for persons licensed to teach driver education.
2. Temporary license. If a licensed driver education teacher is not available to teach driver education and the school board, cooperative board or private school requests, the Secretary of State shall grant a temporary license to any person who holds a Class A instructor's license issued by the Secretary of State in accordance with Title 29-A, section 1354.
Sec. A-19. Retroactivity. That section of this Part that repeals and replaces the Maine Revised Statutes, Title 20-A, section 8703, subsections 1 and 2 is effective retroactively to January 1, 1996.
Sec. A-20. 20-A MRSA §18081, as repealed by PL 1995, c. 560, Pt. F, §11 and repealed and replaced by c. 563, §1, is repealed.
Sec. A-21. 22 MRSA §395-B, sub-§1, as amended by PL 1995, c. 596, §1, is repealed.
Sec. A-22. 22 MRSA §3553, sub-§7-A, as amended by PL 1989, c. 700, Pt. A, §80 and repealed by c. 837, §2, is repealed.
Sec. A-23. 22 MRSA §8305, sub-§1-A, ¶F, as enacted by PL 1993, c. 353, §4, is amended to read:
F. The provider, other residents or other persons who frequent the home have not been convicted of a crime in which a child was a victim; have not been found, in a statutorily authorized form forum, to have abused or neglected children; or have not had parental rights terminated by a statutorily authorized entity.
Sec. A-24. 23 MRSA §54, as amended by PL 1987, c. 141, Pt. B, §16, is further amended to read:
Wherever highways maintained by the State are affected, whether the highways are situated in cities, towns or plantations, the department shall have has all and the same rights, powers and duties in connection therewith as are granted to cities in city streets by sections 3351 to 3359, and to cities and towns by Title 35-A, sections 2306 and 2310. Whenever the opening fee provided by section 3354 or by Title 35-A, section 2312 2510, has been paid to the department and a permit for digging up and opening a highway maintained by the State has been issued by the department, the holder of said the permit shall be is entitled to make the opening described therein without the payment of fees to the city or town or village corporation in which the street, road or highway to be opened is situated.
Sec. A-25. 24 MRSA §2330, sub-§11, as amended by PL 1991, c. 885, Pt. E, §22 and affected by §47, is further amended by amending the first paragraph to read:
11. Continued group coverage; certain circumstances. Notwithstanding this section, if the termination of an individual's group insurance coverage is a result of the member or employee being temporarily laid off or losing employment because of an injury or disease that the employee claims to be compensable under former Title 39 or Title 39-A, the insurer shall allow the member or employee to elect, within the time period prescribed by paragraph B B-1, to continue coverage under the group policy at no higher level than the level of benefits or coverage received by the employee immediately before termination and at the member's or employee's expense or, at the member's or employee's option, to convert to a policy of individual coverage without evidence of insurability in accordance with this section.
Sec. A-26. 24-A MRSA §2808, sub-§2-A, as enacted by PL 1995, c. 618, §3, is amended to read:
2-A. Notwithstanding subsections 1 and 2, an employee leasing company registered pursuant to Title 32, chapter 125 qualifies as an eligible group for purposes of the purchase of group life health insurance as provided in this section.
Sec. A-27. 26 MRSA §1401, sub-§§3 and 4, as repealed by PL 1995, c. 560, Pt. G, §14 and amended by c. 618, §15, are repealed.
Sec. A-28. 26 MRSA §1401, sub-§5, as repealed by PL 1995, c. 560, Pt. G, §14 and amended by c. 618, §16, is repealed.
Sec. A-29. 26 MRSA §1401, sub-§6, as repealed by PL 1995, c. 560, Pt. G, §14 and enacted by c. 618, §17, is repealed.
Sec. A-30. 26 MRSA §1401-B, sub-§6 is enacted to read:
6. Monitor employee leasing industry. The commissioner shall coordinate the efforts of the State to ensure that the employee leasing industry is developing in a manner that provides the greatest benefit to Maine employers while minimizing the financial risk to those employers and to the leased employees. The commissioner shall meet at least annually with representatives of the Bureau of Insurance, the Bureau of Taxation, the Department of Economic and Community Development, the Workers' Compensation Board and the Bureau of Labor Standards within the Department of Labor. This group shall develop written material for employers and new businesses that are considering using an employee leasing firm. The material must provide guidance for employers on what questions to ask to minimize their own financial risk and that of their employees. The material must also include instructions on how to obtain public information on employee leasing companies, such as information required for registration purposes. The commissioner shall meet with the state officials listed in this subsection on at least an annual basis to review the status of the employee leasing industry and update the written materials as needed.
Sec. A-31. 26 MRSA §1418-K, as enacted by PL 1995, c. 560, Pt. F, §13, is repealed and the following enacted in its place:
1. Fees prohibited generally. Except as provided in subsection 2, a rental fee may not be required or received for the granting of authority to the division to operate a vending facility.
2. Fees authorized; limitation. A rental fee or other fee may be charged to the operator only if the vending facility is located on commercial municipal property, including a public airport, where the following conditions are met:
A. The vending facility generates revenue primarily from the general public at large rather than from public employees;
B. The vending facility occupies space for which there are other competing retail commercial uses and other retail users are, in fact, renting nearby public space on the property; and
C. The public owner depends on generating revenue from the space occupied by the vending facility.
Any rent or other fee charged to the operator must be less than what would otherwise be charged to a competing commercial tenant and must be pursuant to a written agreement. The terms of the agreement must adequately account for the value of investments made by the division to create or maintain the vending facility.
3. Application. This section applies to the rental of vending facilities and the renewal of any rental agreement after the effective date of this section.
Sec. A-32. 29 MRSA §55-B, last ¶, as enacted by PL 1993, c. 698, §3, is repealed.
Sec. A-33. 29-A MRSA §1304, sub-§1, ¶F, as amended by PL 1995, c. 402, Pt. A, §47 and c. 505, §11 and affected by §22, is repealed and the following enacted in its place:
F. The Secretary of State may issue a restricted instruction permit to an applicant who is enrolled in a driver education program that includes practice driving. That permit is valid:
(1) For a school year or other specified period; and
(2) Only when the permittee is accompanied by a driver education teacher or a commercial driver education instructor, licensed by the Secretary of State under subchapter III.
Sec. A-34. Retroactivity. That section of this Part that repeals and replaces the Maine Revised Statutes, Title 29-A, section 1304, subsection 1, paragraph F is effective retroactively to January 1, 1996.
Sec. A-35. 29-A MRSA §1351, sub-§2, ¶D, as amended by PL 1995, c. 402, Pt. A, §47 and c. 505, §12 and affected by §22, is repealed and the following enacted in its place:
D. Person licensed by the Secretary of State.
Sec. A-36. 29-A MRSA §1351, sub-§3, as amended by PL 1995, c. 402, Pt. A, §47 and c. 505, §13 and affected by §22, is repealed and the following enacted in its place:
3. Certificate. A successful course completion certificate may be issued if the course meets the standards adopted by the Secretary of State. A certificate may not be issued to a person who was not at least 15 years of age when beginning the course.
Sec. A-37. Retroactivity. These sections of this Part that repeal and replace the Maine Revised Statutes, Title 29-A, section 1351, subsection 2, paragraph D and subsection 3 are effective retroactively to January 1, 1996.
Sec. A-38. 34-B MRSA §1001, sub-§8, ¶E, as amended by PL 1995, c. 550, §1, is further amended to read:
E. The Aroostook Residential Center; or
Sec. A-39. 34-B MRSA §1001, sub-§8, ¶F, as amended by PL 1995, c. 550, §1 as repealed by c. 560, Pt. K, §10, is repealed.
Sec. A-40. 34-B MRSA §6254, as amended by PL 1995, c. 560, Pt. K, §§78 to 80, is repealed.
Sec. A-41. 36 MRSA §1752, sub-§10, as amended by PL 1995, c. 639, §8 and c. 640, §1, is repealed and the following enacted in its place:
10. Retailer. "Retailer" means a person who makes retail sales or who is required to register by section 1754-A or 1754-B or who is registered under section 1756.
Sec. A-42. 36 MRSA §2113, as amended by PL 1995, c. 639, §9 and c. 640, §7, is repealed and the following enacted in its place:
A violation of any provision of this Part for which a penalty or forfeiture is not provided by any other provision of law is a Class E crime, except that any violation of any provision of this Part for which a penalty or forfeiture is not provided by any other provision of law by a person who has a prior conviction under the same provision within the prior 3 years is a Class D crime.
Sec. A-43. 36 MRSA §5276-A, sub-§1, as amended by PL 1995, c. 639, §29 and c. 694, Pt. D, §62 and affected by Pt. E, §2, is repealed and the following enacted in its place:
1. Generally. An agency of the State, including the University of Maine System or the Maine Technical College System, that is authorized to collect from an individual or corporation a liquidated debt greater than $25 shall notify in writing the State Tax Assessor and supply information necessary to identify the debtor whose refund is sought to be set off. The assessor, upon notification, shall assist the requesting agency by setting off that debt against a refund to which that individual or corporation is entitled under this Part. Liquidated child support debts that the Department of Human Services has contracted to collect, pursuant to Title 19-A, section 2103 or 2301, subsection 2, are eligible, under the provisions of this section, for setoff against a refund due the obligated individual. The assessor shall provide the creditor agency with the name, address and social security number of each debtor whose refund is subject to setoff.
Sec. A-44. Effective date. That section of this Part that repeals and replaces the Maine Revised Statutes, Title 36, section 5276-A, subsection 1 takes effect October 1, 1997.
Sec. A-45. 38 MRSA §488, sub-§17, as enacted by PL 1995, c. 493, §7 and affected by §21, is amended to read:
17. Structure area within residential lots. Buildings, roads, paved areas or areas to be stripped or graded and not revegetated that are located within lots used solely for single-family residential housing are not counted toward the 3-acre threshold described in section 382 482, subsection 6, paragraph B for purposes of determining jurisdiction. A road associated only with such lots is also not counted toward the 3-acre threshold. For purposes of this subsection, "single-family residential housing" does not include multi-unit housing such as condominiums and apartment buildings.
Sec. A-46. 38 MRSA §489-A, sub-§1, as amended by PL 1995, c. 700, §10 and c. 704, Pt. A, §21 and affected by Pt. C, §2, is further amended to read:
1. Kinds of projects. The following kinds of projects may be reviewed by registered municipalities pursuant to this section:
A. Subdivisions as described in section 482, subsection 5 of more than 20 acres but less than 100 acres; or
D. Structures as described in section 482, subsection 6, paragraph B in excess of 3 acres but less than 7 acres; or
F. Excavation on more than 5 acres of land for borrow, topsoil, clay or silt, whether alone or in combination as described in section 482, subsection 2-B; or
G. A project generating 100 to 200 passenger car equivalents at peak hour.
Sec. A-47. 38 MRSA §1310-N, sub-§1, ¶C, as repealed and replaced by PL 1993, c. 680, Pt. A, §37 and amended by c. 732, Pt. B, §1, is repealed and the following enacted in its place:
C. In the case of a disposal facility, the volume of the waste and the risks related to its handling and disposal have been reduced to the maximum practical extent by recycling and source reduction prior to disposal. This paragraph does not apply to the expansion of a commercial solid waste disposal facility that accepts only special waste for landfilling.
Sec. A-48. 38 MRSA §1310-N, sub-§5, as repealed and replaced by PL 1993, c. 680, Pt. A, §37 and amended by c. 732, Pt. B, §2, is repealed and the following enacted in its place:
5. Recycling and source reduction determination. The department shall find that the provisions of subsection 1, paragraph C are satisfied when the applicant demonstrates that all requirements of this subsection have been satisfied.
A. The proposed solid waste disposal facility will accept solid waste that is subject to recycling and source reduction programs, voluntary or otherwise, at least as effective as those imposed by this chapter and other provisions of state law.
(1) The department shall attach this requirement as a standard condition to the license of a solid waste disposal facility governing the future acceptance of solid waste at the proposed facility.
B. The applicant has shown consistency with the recycling provisions of the state plan.
This subsection does not apply to the expansion of a commercial solid waste disposal facility that accepts only special waste for landfilling.
Sec. A-49. PL 1995, c. 505, §4, first 3 lines are repealed and the following enacted in their place:
Sec. 4. 10 MRSA §8001, sub-§10, as amended by PL 1995, c. 402, Pt. A, §3, is repealed.
Sec. A-50. PL 1995, c. 646, §3 is amended to read:
Sec. 3. Appropriation. The following funds are appropriated from the General Fund to carry out the purposes of this Act.
1996-97
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
Bureau of Taxation
Positions - Legislative Count (1.0)
Personal Services $31,806
All Other 6,760
Capital Expenditures 49,952 4,952
__________
TOTAL $43,518
Provides funds for one Revenue Agent position and associated administrative costs to inform nonresident taxpayers and enforce the required withholding amounts.
Sec. A-51. PL 1995, c. 648, §9 is amended to read:
Sec. 9. Effective date. Those sections of this Act that repeal the Maine Revised Statutes, Title 5, section 13063-A and Title 5 10, chapter 107-A take effect August 1, 1996.
Sec. A-52. Retroactivity. That section of this Part that amends Public Law 1995, chapter 648, section 9 takes effect retroactively to August 1, 1996.
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