‘Sec. A-33. 24-A MRSA §2847-M, as enacted by PL 2007, c. 452, §3, is reallocated to 24-A MRSA §2847-O.
Sec. A-34. 24-A MRSA §4253, as enacted by PL 2007, c. 452, §4, is reallocated to 24-A MRSA §4255.
HP1615 LD 2252 |
First Special Session - 123rd Legislature - Text: MS-Word, RTF or PDF |
LR 3429 Item 2 |
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Bill Tracking | Chamber Status |
Amend the bill in Part A by striking out sections 10, 16, 22 and 28.
Amend the bill in Part A by striking out all of sections 33 and 34 and inserting the following:
‘Sec. A-33. 24-A MRSA §2847-M, as enacted by PL 2007, c. 452, §3, is reallocated to 24-A MRSA §2847-O.
Sec. A-34. 24-A MRSA §4253, as enacted by PL 2007, c. 452, §4, is reallocated to 24-A MRSA §4255.
Amend the bill in Part A by striking out all of sections 36, 38, 49, 52, 53, 54, 56 and 59.
Amend the bill by inserting after Part B the following:
PART C
‘Sec. C-1. 1 MRSA §409, sub-§2, as enacted by PL 1975, c. 758, is amended to read:
Sec. C-2. 12 MRSA §6071, sub-§1, as amended by PL 1999, c. 401, Pt. BB, §3, is further amended to read:
Sec. C-3. 12 MRSA §12456, sub-§1, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:
Sec. C-4. 19-A MRSA §701, sub-§4, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is repealed and the following enacted in its place:
Sec. C-5. 21-A MRSA §196, sub-§2, as amended by PL 2007, c. 397, §2 and c. 455, §11, is repealed and the following enacted in its place:
Sec. C-6. 22 MRSA §1711-E, sub-§1, ¶F-2, as enacted by PL 2007, c. 460, §1, is amended to read:
Sec. C-7. 22 MRSA §1711-E, sub-§1, ¶H, as enacted by PL 2005, c. 589, §1, is amended to read:
Sec. C-8. 22 MRSA §2685, sub-§2, ¶D, as enacted by PL 2007, c. 327, §1, is amended to read:
Sec. C-9. 22 MRSA §3174-G, sub-§1, ¶B, as amended by PL 2003, c. 469, Pt. A, §5 and c. 673, Pt. Y, §1 and affected by §3, is repealed and the following enacted in its place:
Sec. C-10. 22 MRSA §3174-G, sub-§1, ¶D, as amended by PL 2003, c. 469, Pt. A, §5 and c. 673, Pt. Y, §2 and affected by §3, is repealed and the following enacted in its place:
Sec. C-11. 24 MRSA §2317-B, sub-§12-B, as enacted by PL 2007, c. 452, §1, is amended to read:
Sec. C-12. 24 MRSA §2317-B, sub-§12-C, as enacted by PL 2007, c. 595, §1 and affected by §5, is repealed.
Sec. C-13. 24 MRSA §2317-B, sub-§12-D, is enacted to read:
Sec. C-14. 24-A MRSA §10, sub-§6, as amended by PL 2007, c. 539, Pt. N, §55, is further amended to read:
Sec. C-15. 24-A MRSA §2847-N, as enacted by PL 2007, c. 595, §3 and affected by §5, is reallocated to 24-A MRSA §2847-P.
Sec. C-16. 24-A MRSA §4254, as enacted by PL 2007, c. 595, §4 and affected by §5, is reallocated to 24-A MRSA §4256.
Sec. C-17. 26 MRSA §1028, sub-§2, as amended by PL 1993, c. 90, §6, is further amended to read:
Sec. C-18. 32 MRSA §12274, sub-§2, as enacted by PL 1987, c. 489, §2, is amended to read:
PART D
Sec. D-1. 34-B MRSA §1216, sub-§4, as repealed and replaced by PL 2007, c. 356, §6 and affected by §31, is amended to read:
Sec. D-2. PL 2007, c. 356, §30, sub-§1 is amended to read:
1. Correspondent program. The Maine Developmental Services Oversight and Advisory Board, established in the Maine Revised Statutes, Title 5, section 12004-I, subsection 61-A and referred to in this section as "the board," shall work with the Department of Health and Human Services to improve and promote the correspondent program operated by the Consumer Advisory Board established pursuant to Title 34-B, section 1216. No later than January 1, 2009 One hundred and twenty days after the establishment, the board shall present a report to the joint standing committee of the Legislature having jurisdiction over health and human services matters, together with a proposed plan that provides for the independent operation of the correspondent program with oversight by the board. After receipt and review of the report, the joint standing committee may submit a bill to the 124th Legislature.
Sec. D-3. PL 2007, c. 356, §31 is amended to read:
Sec. 31. Effective dates. This Act takes effect November 1, 2007, except that the following sections take effect upon elimination of the Consumer Advisory Board pursuant to the Maine Revised Statutes, Title 34-B, section 1216, subsection 4 on the later of January 1, 2009 and 45 days after the United States District Court releases the State from all obligations under the community consent decree, Consumer Advisory Board et al. v. Glover, No. 91-321-P-C (D. Me., September 28, 1994):
1. Those sections That section of this Act that repeal Title 3, section 959, subsection 1, paragraph F, and repeals Title 5, section 12004-I, subsection 61;
2. That section Those sections of this Act that amends amend Title 3, section 959, subsection 1, paragraph F and Title 34-B, section 5605, subsection 13, paragraph B; and
3. Those sections of this Act that enact Title 5, section 12004-J, subsection 15 and Title 34-B, section 1223.
PART E
Sec. E-1. 28-A MRSA §1504, sub-§3-A is enacted to read:
PART F
Sec. F-1. PL 2007, c. 539, Pt. A, §43 is amended to read:
Sec. A-43. Appropriations and allocations. The following appropriations and allocations are made.
PROFESSIONAL AND FINANCIAL REGULATION, DEPARTMENT OF
Administrative Services - Professional and Financial Regulation 0094
Initiative: Eliminates the headcount, salary and related costs associated with the Commissioner Department of Professional and Financial Regulation position in the Administrative Services Division and eliminates one Administrator Office of Securities position in the Office of Securities.
OTHER SPECIAL REVENUE FUNDS | 2007-08 | 2008-09 |
POSITIONS - LEGISLATIVE COUNT
|
0.000 | (1.000) |
Personal Services
|
$0 | ($109,168) |
All Other
|
$0 | ($892) |
OTHER SPECIAL REVENUE FUNDS TOTAL | $0 | ($110,060) |
Office of Securities 0943
Initiative: Eliminates the headcount, salary and related costs associated with an Assistant Securities Administrator, Public Services Manager II position within the Office of Securities.
OTHER SPECIAL REVENUE FUNDS | 2007-08 | 2008-09 |
POSITIONS - LEGISLATIVE COUNT
|
0.000 | (1.000) |
Personal Services
|
$0 | ($100,815) |
All Other
|
$0 | ($1,992) |
OTHER SPECIAL REVENUE FUNDS TOTAL | $0 | ($102,807) |
PROFESSIONAL AND FINANCIAL REGULATION, DEPARTMENT OF | ||
DEPARTMENT TOTALS | 2007-08 | 2008-09 |
OTHER SPECIAL REVENUE FUNDS
|
$0 | ($212,867) |
DEPARTMENT TOTAL - ALL FUNDS | $0 | ($212,867) |
PART G
Sec. G-1. 20-A MRSA §1486, sub-§3, ¶F, as enacted by PL 2007, c. 240, Pt. XXXX, §13, is amended to read:
(1) "Do you favor approving the (name of regional school unit) budget for the upcoming school year that was adopted at the latest regional (name of school unit ) budget meeting?
Sec. G-2. 20-A MRSA §1486, sub-§3, ¶G, as enacted by PL 2007, c. 240, Pt. XXXX, §13, is amended to read:
(1) "Do you favor approving the (name of regional school unit) budget for the upcoming school year that was adopted at the latest regional (name of school unit ) budget meeting and that includes locally raised funds that exceed the required local contribution as described in the Essential Programs and Services Funding Act?
PART H
Sec. H-1. PL 2007, c. 539, Pt. F, §2 is repealed and the following enacted in its place:
Sec. F-2. Commissioner of Health and Human Services; fees. The Commissioner of Health and Human Services shall adopt rules to increase the fees assessed under the Maine Revised Statutes, Title 22, section 2494 effective July 1, 2008. The fees must be calculated to produce revenue for the special revenue account established under that section in an amount sufficient to meet the expenditures from the account for the licensure and inspection responsibilities under that section of the Department of Health and Human Services, Maine Center for Disease Control and Prevention. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. H-2. PL 2007, c. 539, Pt. F, §5 is amended to read:
Sec. F-5. Resolving overlapping jurisdiction. If an establishment has operations that may fall under the jurisdiction of both the Department of Health and Human Services, Maine Center for Disease Control and Prevention and the Department of Agriculture, Food and Rural Resources, Division of Quality Assurance and Regulation, the Department of Agriculture, Food and Rural Resources has jurisdiction over all operations of the establishment unless sales of food for consumption on the premises or ready-to-eat for off-premises consumption, measured by annual dollar receipts, exceeds 50% of total annual food-related dollar receipts, in which case the Maine Center for Disease Control and Prevention has jurisdiction over the establishment. The field staff of the respective departments shall meet on a regular basis to resolve jurisdictional questions and issues.
PART I
Sec. I-1. 12 MRSA §6701, sub-§7, as enacted by PL 2007, c. 557, §1, is repealed.
Sec. I-2. 12 MRSA §6702, sub-§7, as enacted by PL 2007, c. 557, §2, is repealed.
Sec. I-3. 12 MRSA §6703, sub-§6, as enacted by PL 2007, c. 557, §3, is repealed.
Sec. I-4. 12 MRSA §6721-A, sub-§5, as amended by PL 2007, c. 607, Pt. A, §6 and Pt. B, §4, is repealed and the following enacted in its place:
Sec. I-5. 12 MRSA §6721-A, sub-§6, as amended by PL 2007, c. 557, §4, is repealed.
Sec. I-6. 12 MRSA §6722, as repealed and replaced by PL 2007, c. 557, §5 and c. 607, Pt. B, §5, is repealed and the following enacted in its place:
§ 6722. Scallop season
Sec. I-7. 12 MRSA §6725, as repealed and replaced by PL 2007, c. 557, §6 and c. 607, Pt. B, §7, is repealed and the following enacted in its place:
§ 6725. Possession of illegal scallops
Sec. I-8. 12 MRSA §6726, sub-§4, as enacted by PL 2007, c. 557, §7, is amended to read:
Sec. I-9. 12 MRSA §6728-B, as enacted by PL 2007, c. 557, §10 and c. 607, Pt. B, §8, is repealed and the following enacted in its place:
§ 6728-B. Habitual violations
The commissioner shall suspend the handfishing scallop license or other license issued under this Part authorizing the taking of scallops of any license holder adjudicated or convicted in court of a 3rd or subsequent violation of this subchapter. The suspension must be for at least one year from the date of conviction and may be for up to 3 years.’
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
summary
This amendment deletes several sections from Part A of the bill because the corrections are made in other bills or to avoid further conflicts.
This amendment updates a cross-reference in Part A in the Maine Revised Statutes, Title 17-A, section 16.
This amendment adds Parts C, D, E, F, G, H and I.
Part C consists of technical amendments.
1. Section 1 corrects a spelling error and grammar in the freedom of access laws.
2. Sections 2 and 3 correct cross-references relating to the Atlantic Salmon Commission.
3. Section 4 clarifies the laws prohibiting polygamy.
4. Section 5 corrects a conflict in the laws concerning voting lists created by Public Law 2007, chapters 397 and 455, which affected the same provision of law, by incorporating the changes made by both laws.
5. Sections 6 to 8 correct cross-references to definitions in the pharmacy laws.
6. Sections 9 and 10 correct a conflict concerning benefit eligibility created by Public Law 2003, chapters 469 and 673, which affected the same provisions of law, by incorporating the changes made by both laws.
7. Section 14 corrects a cross-reference to the definition of "health care servicing entity" within the Maine Insurance Code.
8. Sections 11, 12, 13, 15 and 16 correct conflicts created by the enactment of new mandated benefits concerning hearing aids, colorectal cancer screening and medically required infant formula.
9. Section 17 corrects a cross-reference in the University of Maine System Labor Relations Act.
10. Section 18 updates a reference to the investigative authority of the Board of Accountancy, as the authority was reallocated by Public Law 2007, chapter 402, Part Z, section 21 to Title 10.
Part D addresses timing issues concerning the repeal of the Consumer Advisory Board and the Maine Advisory Committee on Mental Retardation and the effective date of the new Maine Developmental Services Oversight and Advisory Board.
Public Law 2007, chapter 356 was enacted to set up procedures and standards to come into effect when the State is released by the U.S. District Court from the community consent decree. These procedures include the repeal of the Consumer Advisory Board and the establishment of the Maine Developmental Services Oversight and Advisory Board, or "MDSOAC."
1. The Maine Revised Statutes, Title 34-B, section 1216, subsection 4, which was enacted in Public Law 2007, chapter 356, repeals the Consumer Advisory Board 45 days after the Court releases the State or January 1, 2009, whichever is later. Part D changes the repeal date to 120 days after the MDSOAC is established.
2. Public Law 2007, chapter 356, section 31 provides an effective date for the sections that repeal the Maine Advisory Committee on Mental Retardation, establish the MDSOAC, and correct cross-references to the Maine Advisory Committee on Mental Retardation and MDSOAC in Title 34-B, section 5605, subsection 13, paragraph B. The effective date in the law is the date of the repeal of the Consumer Advisory Board. Part D severs the connection to the repeal of the Consumer Advisory Board. It sets a new date of 45 days after the Court releases the State or January 1, 2009, whichever is later.
3. Public Law 2007, chapter 356, section 31, subsection 1, entitled "Effective dates," provides an effective date for "those sections of this Act that repeal Title 3, section 959, subsection 1, paragraph F and ....." This is a reference in the Government Evaluation Act to review by the Health and Human Services Committee of the Maine Advisory Committee on Mental Retardation, which is repealed in section 4 of chapter 356. However, section 959, subsection 1, paragraph F was amended, not repealed. Part D corrects the language, and groups together the amended sections in listing the effective dates.
4. Public Law 2007, chapter 356, section 30 requires a report from MDSOAC to the Joint Standing Committee on Health and Human Services on the correspondent program by January 1, 2009. Part D changes the report date to 120 days after the establishment of the MDSOAC.
Part E amends Title 28-A, section 1504 to include a new subsection 3-A concerning partial-bottle distilled spirits samples, consistent with the law governing sampling for those licensed as small breweries, farm wineries or wholesalers.
Part F corrects three positions changes that were incorrectly identified in Public Law 2007, chapter 539 related to the Department of Health and Human Services and the Department of Inland Fisheries and Wildlife. It also corrects an erroneous cross-reference made in an initiative involving the Department of Professional and Financial Regulation to another initiative within the same department.
Part G amends the ballot language for school unit budgets to clarify that the same wording can be used for all budget votes, including elections involving school units that consist of a municipality.
Part H repeals and replaces Public Law 2007, chapter 539, Part F, section 2 to authorize the Commissioner of Health and Human Services to adopt rules to increase fees assessed under Title 22, section 2494 applying to eating establishments, eating and lodging places, lodging places, recreational camps or camping areas. Part H also amends Public Law 2007, chapter 539, Part F, section 5 concerning the formula related to the jurisdiction of the Department of Health and Human Services and the Department of Agriculture, Food and Rural Resources to provide that the Department of Agriculture has jurisdiction over operations of establishments unless sales of food for consumption on the premises or ready-to-eat for off-premises consumption, measured by annual dollar receipts, exceeds 50% of the total annual food-related dollar receipts.
Part I makes changes to resolve conflicts in the law regarding the penalties for scallop fishing violations created by Public Law 2007, chapters 557 and 607. Public Law 2007, chapter 557 increased penalties for violations of scalloping fishing laws in Cobscook Bay and Public Law 2007, chapter 607 made those same penalties apply to scallop fishing violations on a statewide basis. This amendment resolves the conflicts by making the penalties apply statewide including Cobscook Bay.