Amend the bill in Part A by striking out all of section 6 and inserting the following:
Amend the bill in Part A by striking out all of section 7.
Amend the bill in Part A in section 13 in subsection 7 in the blocked paragraph in the next to the last line (page 8, line 20 in L.D.) by striking out the following: " 1396(a)(30)(A)" and inserting the following: ' 1396a(a)(30)(A)'
Ament the bill in Part A by striking out all of section 15.
Amend the bill in Part A in section 18 in paragraph B in subparagraph (2) in the 3rd line (page 9, line 37 in L.D.) by striking out the following: " architecture registration board" and inserting the following: ' architectural registration boards'
Amend the bill in Part A by striking out all of sections 21 and 23.
Amend the bill in Part A by striking out all of sections 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 and 38.
PART B
‘
Sec. B-1. 4 MRSA §162 is amended to read:
In each division, the place for holding court shall must be located in a state, county or municipal building designated by the Chief Judge, who, with the advice and approval of the Bureau of Public Improvements, is empowered to negotiate on behalf of the State, the leases, contracts and other arrangements he the Chief Judge considers necessary, within the limits of the budget and the funds available under section 163, subsection 3, to provide suitable quarters, adequately furnished and equipped for the District Court in each division.
The facilities of the Superior Court in each county when that court is not in session shall must be available for use by the District Court of that division in which such facilities are located. Arrangements for such use shall must be made by the Chief Judge.
If the Chief Judge is unable to negotiate the leases, contracts and other arrangements as provided in the preceding paragraph, he the Chief Judge may, with the advice and approval of the Bureau of Public Improvements, negotiate on behalf of the State, the leases, contracts and other arrangements he the Chief Judge considers necessary, within the limits of the budget and funds available under section 163, subsection 3, to provide suitable quarters, adequately furnished and equipped for the District Court in privately owned buildings.
Sec. B-2. 4 MRSA §163, sub-§3 is repealed.
Sec. B-3. 5 MRSA §12004-I, sub-§32, as enacted by PL 1987, c. 786, §5, is amended to read:
Sec. B-4. 5 MRSA §12004-I, sub-§33, as enacted by PL 1987, c. 786, §5, is amended to read:
Sec. B-5. 5 MRSA §12004-I, sub-§34, as amended by PL 1989, c. 503, Pt. A, §31, is further amended to read:
Sec. B-6. 18-A MRSA §5-411, sub-§(c), ¶(2), as enacted by PL 1997, c. 453, §2, is amended to read:
(2). Financial institutions authorized to do business in the this State under as defined in Title 9-B, section 131, subsection 12-A 17-A, or their employees; and
Sec. B-7. 20-A MRSA §1486, sub-§3, ¶F, as amended by PL 2007, c. 668, §20 and by c. 695, Pt. G, §1, is repealed and the following enacted in its place:
F.
The article to be voted on must be in the following form:
(1) "Do you favor approving the (name of regional school unit) budget for the upcoming school year that was adopted at the latest (name of regional school unit) budget meeting?
Yes No"
Sec. B-8. 20-A MRSA §1486, sub-§3, ¶G, as repealed by PL 2007, c. 668, §20 and amended by c. 695, Pt. G, §2, is repealed.
Sec. B-9. 30-A MRSA §4995, as enacted by PL 1993, c. 738, Pt. C, §7, is amended to read:
The Passamaquoddy Tribe , and the Penobscot Nation , as provided in Title 5, section 12004-I, and the Houlton Band of Maliseet Indians are authorized by Title 5, section 12004, subsection 10 to create respective tribal housing authorities. The respective tribe, nation or band shall prescribe the manner of selection of the members, their terms and grounds for removal. Except as otherwise provided in this chapter or clearly indicated otherwise, the Maine Housing Authorities Act applies to the tribal housing authorities referred to in this chapter as "authority" or "authorities." The power of tribal housing authorities may be exercised only within the Indian territory of the respective tribe or nation or the trust land of the Houlton Band of Maliseet Indians. Tribal housing authorities are in substitution for any tribal housing authority previously existing under the laws of the State and assume all the rights and obligations of those predecessor housing authorities. The presently constituted tribal housing authority of the respective tribe or nation continues in existence and may exercise all the authority previously vested by law until the respective tribe or nation creates the tribal housing authority authorized by this section.
Sec. B-10. PL 2009, c. 213, Pt. A, §13, under the caption “CORRECTIONS, DEPARTMENT OF,” in the 11th occurrence relating to “Correctional Center 0162,” the Initiative is amended to read:
Initiative: Deappropriates funds from the elimination of one Office Associate Assistant II position.
Sec. B-11. PL 2009, c. 213, Pt. A, §24, under the caption “ENVIRONMENTAL PROTECTION, DEPARTMENT OF,” in the 12th occurrence relating to “Administration - Environmental Protection 0251,” the Initiative is amended to read:
Initiative: Eliminates one Office Assistant Associate II Supervisor position and one Office Associate II position and reduces funding for associated All Other costs.
PART C
Sec. C-1. 29-A MRSA §2558, sub-§2, ¶B, as enacted by PL 2009, c. 54, §6 and affected by §7, is amended to read:
B. A person who violates subsection 1 and at the time has one OUI conviction , one conviction for violating this section or one conviction for violating former section 2557 or section 2557-A within the previous 10 years commits a Class C crime for which a minimum fine of $1,000 and a minimum term of imprisonment of one year must be imposed, neither of which may be suspended by the court.
Sec. C-2. PL 2009, c. 54, §7 is amended to read:
Sec. 7. Retroactivity. This Sections 1 to 4 of this Act applies apply retroactively to September 1, 2008.
Sec. C-3. Retroactivity. That section of this Part that amends Public Law 2009, chapter 54, section 7 applies retroactively to April 22, 2009.
PART D
Sec. D-1. PL 2007, c. 661, Pt. C, §6, sub-§2 is amended to read:
2. Portions of townships and plantations. The following portions of townships and plantations: that portion of Adamstown Twp., 17801, north of Route 16; Bald Mountain Twp., T4 R3, 25806, excluding areas of Boundary Bald Mountain above 2,700 feet in elevation; a 146.6-acre parcel in the northeast corner of the Chain of Ponds, 07803, along the border with Canada; Chain of Ponds, 07803, an approximately 1,578.4-acre parcel, bounded by the eastern town line at latitude 45.373, longitude -70.625484, proceeding westerly to latitude 45.370087, longitude -70.63231 then to latitude 45.368156, longitude -70.645478 where it intersects the 2,400-foot contour, proceeding along the 2,400-foot contour westerly and then northerly to the intersection of the 2,400-foot contour to the northern town line, following the town line eastward and then southward until reaching the beginning point, latitude 45.373, longitude -70.625484; the portion of Coplin Plt., 07040, north of Route 16; the portion of Dallas Plt., 07050, north of Route 16; the portion of Ebeemee Twp., 21853, east of Route 11; the portion of Kossuth Twp., 29808, north of Route 6; the portion of Lang Twp., 07813, north of Route 16; the portion of Lincoln Plt., 17160, north of Route 16; the portion of Long A Twp., 19809, east of Route 11; the portion of Long Pond Twp., 25833, south of Long Pond and Moose River; the 487.5-acre area above the 2,040-foot elevation around Green Top in Lynchtown Twp., 17810; the portion of Rockwood Strip T1 R1 NBKP, 25844, south of Moose River, Little Brassua Lake and Brassua Lake; the portion of Rockwood Strip T2 R1 NBKP, 25845, south of Little Brassua Lake and Brassua Lake; the portion of Salem Twp., 07820, south of Route 142; the portion of Sandwich Academy Grant Twp., 25849, south of Moose River, Little Brassua Lake and Brassua Lake; that portion of Skinner Twp., 07822, composed of the 193.3-acre area that follows the ridge to Kibby Mountain, bounded on the east and west by the 2,820-foot contour, on the south by the town line and on the north by the line from the 2,820-foot contour through the 3,220-foot contour from Kibby Mountain; Skinner Twp., 07822, an approximately 193.4-acre parcel that follows the ridge to Kibby Mountain, bounded on the east and west by the 2,820-foot contour, on the south by the town line where it intersects the 2,820-foot contour and on the north by a line drawn from latitude 45.4121, longitude -70.54402 to latitude 45.41587, longitude -70.5349 intersecting the 2,820-foot contour; the portion of Soldiertown Twp., T2 R7 WELS, 19811, east of the East Branch Penobscot River; the portion of T1 R8 WELS, 19816, south of Millinocket Lake; the portion of T1 R9 WELS, 21833, southeast of Ambajejus Lake; T24 MD BPP, 29822, excluding a one-mile buffer around Mopang Stream; the 51.9-acre area in T25 MD BPP, 29823, encompassing Black Brook and Black Brook Pond, and the area northeast of Holmes Falls Road; T25 MD BPP, 29823, an approximately 558.5-acre parcel in the Bear Brook and Black Pond area, bounded by a point along the southern town line, latitude 44.805142, longitude -67.741067, and proceeding in a counterclockwise direction through the following points, latitude 44.808871, longitude -67.744217, latitude 44.812645, longitude -67.750877, latitude 44.816887, longitude -67.76346, latitude 44.817639, longitude -67.768806, latitude 44.817596, longitude -67.770188, latitude 44.817259, longitude -67.771089, latitude 44.816282, longitude -67.771687, latitude 44.815068, longitude -67.771704, latitude 44.810286, longitude -67.767988, latitude 44.802482, longitude -67.759738 intersecting the town line, proceeding easterly along the southern town line to beginning point latitude 44.805142, longitude -67.741067; the portion of T3 R7 WELS, 19821, east of the Seboeis River and East Branch Penobscot River; the portions of T4 Indian Purchase Twp., 19807, area northeast of North Twin Lake and south of Route 11; the portion of T4 R7 WELS, 19824, east of the Seboeis River; the portion of T4 R9 NWP, 21845, east of Route 11; the portion of T5 R7 WELS, 19827, east of the Seboeis River; and the portion of T6 R7 WELS, 19830, east of the Seboeis River; and
Sec. D-2. PL 2007, c. 661, Pt. C, §6, sub-§4 is amended to read:
4. Transition; establishment of expedited permitting area and permitted use. Notwithstanding any other provision of law, prior to the Maine Land Use Regulation Commission's adoption of the rules required by this section, the portion of expedited permitting area located in the State's unorganized and deorganized areas consists of the lands and state waters specified in this section and an expedited wind energy development, as defined in Title 35-A, section 3451, subsection 4, is a use requiring a permit, but not a special exception, subject to permitting by the Maine Land Use Regulation Commission or Department of Environmental Protection in accordance with this Act and other applicable law, in all districts and subdistricts located within the expedited permitting area.
Sec. D-3. Related rulemaking. No later than June 1, 2010, the Maine Land Use Regulation Commission shall amend its rules adopted in accordance with Public Law 2007, chapter 661, Part C, section 6 to make them consistent with corrections to the descriptions of the expedited permitting area for wind energy development made under sections 1 and 2 of this Part.
PART E
Sec. E-1. PL 2009, c. 372, Pt. F, §5, sub-§2 is amended to read:
2. Prohibition. A state authority may not enter into a significant occupancy agreement allowing the installation of energy facilities in state transportation corridors until a law approving a plan governing such agreements is enacted. A state authority may not issue a permit for an energy facility greater than 75 miles in length on land other than the submerged lands of this State or outside the territorial waters of this State as defined in the Maine Revised Statutes, Title 12, section 6001, subsection 48-B until this section is repealed, except that:
A. An application from such an energy facility may be processed by a state authority up to, but not including, final decision on the application;
B. Any such applications processed by the Department of Environmental Protection or the Public Utilities Commission that may require adjudicatory proceedings or permit application review may not proceed beyond creation of the evidentiary record; and
C. Any action, proceeding or decision by a state authority pertaining to such an application is governed by any law enacted pursuant to section 4, subsection 6.
A state authority may not sell or lease public lands as that term is used in Title 35-A, section 3132, subsection 13 for the installation of an energy facility greater than 75 miles in length until a law approving a plan governing the sale or lease of state lands for such installations is enacted or until the energy facility receives a certificate of public convenience and necessity pursuant to Title 35-A, section 3132. Notwithstanding any other statutory provision or exemption, any person proposing to construct a transmission line greater than 75 miles in length and operating at greater than 69 kilovolts must obtain a certificate of public convenience and necessity as required by Title 35-A, section 3132.
Sec. E-2. PL 2009, c. 372, Pt. K, §5 is enacted to read:
Sec. K-5. Effective date. Those sections of this Part that amend the Maine Revised Statutes, Title 35-A, section 3210, subsections 5, 6 and 6-A take effect July 1, 2010.’
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
This amendment amends Part A, section 6 to correctly incorporate the language of Public Law 2007, chapter 490.
This amendment amends Part A, section 13 to include the correct citation to federal law codified in the United States Code.
This amendment amends Part A, section 18 to clarify a reference to a council consisting of landscape architectural registration boards.
This amendment deletes from the bill Part A, sections 7, 15 and 23 to retain the use of the term "fax."
This amendment deletes Part A, sections 21 and sections 28 to 38 because the provisions of law included in those sections are included in other legislation.
The amendment replaces Part B of the bill because the provisions of law included in Part B are included in other pieces of legislation. This amendment adds a new Part B that does the following.
It repeals the statutory language establishing the District Court Building Fund. Public Law 1993, chapter 410 transferred the balance of the account and attempted to repeal the account.
It corrects cross-references to the law authorizing the establishment of housing authorities by the Passamaquoddy Tribe and the Penobscot Nation.
It revises the exemption from the bonding requirement for conservators in the Probate Code to correctly cross-reference financial institutions authorized to do business in this State.
Public Law 2007, chapter 668 amended the Maine Revised Statutes, Title 20-A, section 1486, subsection 3, paragraph F to delete the limitation that a school budget may not exceed the maximum target for the referendum question in paragraph F to apply. It repealed Title 20-A, section 1486, subsection 3, paragraph G, which provided a referendum question if the school budget does exceed the maximum target. Public Law 2007, chapter 695 amended Title 20-A, section 1486, subsection 3, paragraphs F and G to make the referendum questions' language generic with regard to school units as opposed to "regional school units."
The amendment repeals and replaces Title 20-A, section 1486, subsection 3, paragraph F as amended by both public laws and incorporates language changes from both. Public Law 2007, chapter 695 clarified language that is no longer necessary given the changes to Title 20-A, section 1486, subsection 3, paragraph F and Title 20-A, section 1486, subsection 3, paragraph G is repealed consistent with Public Law 2007, chapter 668.
It corrects a cross-reference to the establishment of tribal housing authorities in Title 5. It also corrects the placement of the cross-reference to accurately refer to the tribal housing authorities currently included in the Title 5 listing.
Part C of the amendment does the following.
It corrects drafting errors in L.D. 180, enacted as Public Law 2009, chapter 54. One error inadvertently repealed that portion of Title 29-A, section 2558, subsection 2, paragraph B that enhances the penalty for aggravated operating after habitual offender revocation if the driver had been once previously convicted of the same offense. Without this amendment, a 2nd offender may be prosecuted only for a Class D crime.
It limits the retroactivity provision of Public Law 2009, chapter 54 to the sections of Title 29-A that affect suspension of a motor vehicle license. Portions of the law that affect sentencing are not made retroactive. It makes the correction to the retroactivity section of Public Law 2009, chapter 54 retroactive to the effective date of chapter 54, April 22, 2009.
Part D of the amendment does the following.
It corrects discrepancies between the GIS shape file for the proposed expedited wind energy development area recommended by the Governor's Wind Energy Development Task Force and the written description of the areas corresponding to the shape file included in legislation adopting this task force recommendation. The corrections to the description of the areas in Chain of Ponds and T25 MD BPP were identified prior to enactment of the legislation but were never incorporated into the final language of the bill. The corrections to the description for Skinner Township were discovered during the recent process of reviewing the legislation.
It deletes a reference to the time period after the enactment of Public Law 2007, chapter 661 and the effective date of rulemaking by the Maine Land Use Regulation Commission. During this time period, the language of Public Law 2007, chapter 661 delineated the expedited permitting area. The Maine Land Use Regulation Commission has authority to increase the area through rulemaking, but may not decrease the area established by Public Law 2007, chapter 661. The Maine Land Use Regulation Commission adopted rules that copy the language in Public Law 2007, chapter 661, so the inaccuracies are now in the rules. The amendment in Part D, section 1 increases the area of the expedited permitting area in the law; once Part D, section 2 goes into effect, the area defined by the Maine Land Use Regulation Commission rules will be smaller than that defined by law. Part D, section 2 deletes the transition period language to make clear that the law, as contained in Part D, section 2, takes precedence over the Maine Land Use Regulation Commission's rules.
It directs the Maine Land Use Regulation Commission to change its rules to be consistent with these changes.
Part E of the amendment adds a word that was inadvertently omitted from Public Law 2009, chapter 372. Part E also clarifies that those provisions providing for joint administration of the Renewable Resource Fund program by the Efficiency Maine Trust and the Public Utilities Commission take effect July 1, 2010, when the Efficiency Maine Trust takes over other programs pursuant to Public Law 2009, chapter 372.