PART A
‘’Sec. .
| HP1292 LD 1805 |
Second Regular Session - 124th Maine Legislature C "A", Filing Number H-832, Sponsored by
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LR 2050 Item 2 |
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Amend the bill by inserting before section 1 the following:
PART A
‘’Sec. .
Amend the bill by striking out all of sections 13, 18 to 20, 23, 26, 38, 44, 45, 52, 53, 64 to 68, 72 and 76.
Amend the bill by inserting at the end before the emergency clause the following:
PART B
‘Sec. B-1. 7 MRSA §2902-B, sub-§2, as amended by PL 2005, c. 270, §3, is further amended to read:
Sec. B-2. 14 MRSA §6030-C, sub-§1, as amended by PL 2009, c. 566, §18, is further amended to read:
Sec. B-3. Effective date. That section of this Part that amends the Maine Revised Statutes, Title 14, section 6030C, subsection 1 takes effect July 1, 2010.
Sec. B-4. 14 MRSA §8109, sub-§1, as amended by PL 1991, c. 780, Pt. Y, §114, is further amended to read:
Sec. B-5. 14 MRSA §8109, sub-§2, as amended by PL 1977, c. 78, §116, is further amended to read:
Sec. B-6. 22 MRSA §2383, sub-§1, as amended by IB 2009, c. 1, §3 and PL 2009, c. 67, §3, is repealed and the following enacted in its place:
Sec. B-7. 24 MRSA §2961, sub-§3, ¶A, as enacted by PL 1987, c. 646, §§6 and 14, is amended to read:
Sec. B-8. 36 MRSA §3203-C, as amended by PL 2009, c. 496, §20, is further amended to read:
§ 3203-C. Inventory tax
On the date that any increase in the rate of tax imposed under this chapter takes effect, an inventory tax is imposed upon all distillates that are held in inventory by a supplier, wholesaler or retail dealer as of the end of the day prior to that date on which the tax imposed by section 3203, section subsection 1B has been paid. The inventory tax is computed by multiplying the number of gallons of tax-paid fuel held in inventory by the difference between the tax rate already paid and the new tax rate. Suppliers, wholesalers and retail dealers that hold such tax-paid inventory shall make payment of the inventory tax on or before the 15th day of the next calendar month, accompanied by a form prescribed and furnished by the State Tax Assessor. In the event of a decrease in the tax rate, the supplier, wholesaler or retail dealer is entitled to a refund or credit, which must be claimed on a form designed and furnished by the assessor.
Sec. B-9. Retroactivity. That section of this Part that amends the Maine Revised Statutes, Title 36, section 3203C applies retroactively to July 18, 2008.
Sec. B-10. 36 MRSA §3321, sub-§1, as amended by PL 2009, c. 413, Pt. W, §4 and affected by §6 and amended by c. 434, §59, is repealed and the following enacted in its place:
Sec. B-11. PL 2009, c. 571, Pt. PP, §2 is amended to read:
Sec. PP-2. PL 2009, c. 414, Pt. D, §6 is amended to read:
Sec. D-6. Allocations from General Fund bond issue. The proceeds of the sale of the bonds authorized under this Part must be expended as designated in the following schedule.
| PUBLIC UTILITIES COMMISSION | |
| Public Utilities Commission | |
| Provides funds for weatherization and energy efficiency programs for low and middle income households and small businesses. If the energy efficiency programs of the commission are transferred to another entity established by the Legislature, the commission shall transfer all unexpended funds to that entity. | $12,000,000 |
| UNIVERSITY OF MAINE SYSTEM | |
| University of Maine System | |
| Provides funds for energy and infrastructure upgrades at all campuses of the University of Maine System. | $9,500,000 |
| MAINE COMMUNITY COLLEGE SYSTEM | |
| Maine Community College System | |
| Provides funds for energy and infrastructure upgrades at all campuses of the Maine Community College System. | $5,000,000 |
| MAINE MARITIME ACADEMY | |
| Maine Maritime Academy | |
| Provides funds for energy and infrastructure upgrades at the Maine Maritime Academy. | $1,000,000 |
| DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES | |
| UNIVERSITY OF MAINE SYSTEM | |
| Maine Marine Wind Energy Demonstration Site Fund | |
| Provides funds for research, development and product innovation associated with developing one or more ocean wind energy demonstration sites. | $6,000,000 |
PART C
Sec. C-1. 12 MRSA §6536, as amended by PL 2009, c. 213, Pt. G, §12 and repealed by c. 396, §4, is repealed.
Sec. C-2. 17 MRSA §1834, sub-§3, as enacted by PL 2009, c. 487, Pt. A, §2, is amended to read:
The Chief of the State Police may issue any combination of weekly or monthly licenses for the operation of electronic video machines. A license or combination of licenses to operate an authorized electronic video machine may not exceed be issued for a period of 6 up to 12 months.
Sec. C-3. 17 MRSA §1835, sub-§1, ¶B, as enacted by PL 2009, c. 487, Pt. A, §2, is amended to read:
Sec. C-4. Effective date. Those sections of this Part that amend the Maine Revised Statutes, Title 17, section 1834, subsection 3 and section 1835, subsection 1, paragraph B take effect 90 days after the adjournment of the Second Regular Session of the 124th Legislature.
Sec. C-5. 29-A MRSA §2083, sub-§2, as amended by PL 2009, c. 50, §3 and c. 55, §4, is repealed and the following enacted in its place:
Sec. C-6. PL 2009, c. 344, Pt. D, §15, sub-§3 is amended to read:
3. Licenses. With the exception of temporary licenses for delivery and plant operators, licenses Licenses issued by the Oil and Solid Fuel Board and the Propane and Natural Gas Board remain valid upon the effective date of this Act. Applicants for temporary delivery and plant operator licenses who apply after the effective date of this Act will be required to obtain a technician license with the appropriate authority. Temporary licenses for delivery and plant operators issued prior to the effective date of this Act remain valid until the expiration date and may not be reissued.
Sec. C-7. Retroactivity. That section of this Part that amends Public Law 2009, chapter 344, Part D, section 15, subsection 3 applies retroactively to January 1, 2010.
Sec. C-8. PL 2009, c. 496, §30 is amended to read:
Sec. 30. Contingent retroactive effective date. That section of this Act that amends the Maine Revised Statutes, Title 36, section 1752, subsection 14, paragraph B, as amended by Public Law 2007, chapter 627, section 43, takes effect applies retroactively to August 1, 2008 only if Public Law 2009, chapter 382 is not ratified by a majority of the electors voting on that measure pursuant to the Constitution of Maine, Article IV, Section 17.
Sec. C-9. PL 2009, c. 496, §31 is amended to read:
Sec. 31. Contingent retroactive effective date. That section of this Act that amends the Maine Revised Statutes, Title 36, section 1752, subsection 14, paragraph B, as amended by Public Law 2009, chapter 382, Part B, section 17 and affected by section 52, takes effect applies retroactively to August 1, 2008 only if Public Law 2009, chapter 382 is ratified by a majority of the electors voting on that measure pursuant to the Constitution of Maine, Article IV, Section 17.
PART D
Sec. D-1. 30-A MRSA §5250-J, sub-§3-A, as enacted by PL 2009, c. 461, §17, is further amended to read:
(1) A pilot project for the property of the former Cutler naval computer and telecommunications station, which may be excluded from the qualified business definitions established under section 5250I, subsections 16 and 17 if a for-profit business is engaged in, or will engage in, tourism development including recreational tourism, experiential tourism, hotel development and resort facility development; and
(2) A pilot project that allows seasonal employees in seasonal industries based on natural resources to be considered qualified Pine Tree Development Zone employees for the purposes of section 5250I, subsection 18.
A unit of local government that has been designated by the department as a participating municipality in the Pine Tree Development Zone program as of December 31, 2008 will be classified as a tier 1 location.
Property within a military redevelopment zone as long as the property is classified by the department no later than December 31, 2018.
Sec. D-2. Retroactivity. That section of this Part that amends the Maine Revised Statutes, Title 30A, section 5250J, subsection 3A applies retroactively to September 12, 2009.
PART E
Sec. E-1. 22 MRSA §1066, sub-§2, ¶B, as enacted by PL 2009, c. 595, §2, is amended to read:
Sec. E-2. 22 MRSA §1066, sub-§2, ¶E, as enacted by PL 2009, c. 595, §2, is amended to read:
Sec. E-3. Effective date. Those sections of this Part that amend the Maine Revised Statutes, Title 22, section 1066, subsection 2, paragraphs B and E take effect 90 days after the adjournment of the Second Regular Session of the 124th Legislature.’
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
SUMMARY
This amendment designates the substance of the bill as Part A and then adds additional Parts. Part B contains additional technical corrections. Parts C, D and E contain amendments that are or could be considered to make substantive changes.
Sections 18 to 20 and 64 to 66 are deleted from the bill and added with changes to Part B.
Section 53 is deleted from the bill and is added with changes in Part C.
Section 13 is deleted from the bill because the needed correction was made in Public Law 2009, chapter 561.
Section 23 is deleted from the bill because Public Law 2009, chapter 571, Part E repeals and replaces Title 20A, section 15689, subsection 1, paragraph B and resolves the conflict.
Section 26 is deleted from the bill because Public Law 2009, chapter 524, section 8 repeals and replaces Title 21A, section 1056B, first paragraph and resolves the conflict.
Section 38 is deleted from the bill because Public Law 2009, chapter 546, section 2 repeals and replaces Title 22, section 7301, subsection 2, paragraph F and resolves the conflict.
Sections 44 and 45 are deleted from the bill because Public Law 2009, chapter 551, sections 7 and 8 amend Title 25, section 2468, subsection 2 and subsection 4 respectively, and resolve the errors.
Section 52 is deleted from the bill because Public Law 2009, chapter 510, section 7 reallocates Title 28A, section 1207 to section 1208, resolving the conflict.
Sections 67 and 68 are deleted from the bill because Public Law 2009, chapter 496, sections 21 and 22 repeal and replace Title 36, section 5122, subsection 1, paragraph Z and subsection 2, paragraph AA respectively and resolve the conflicts.
Section 72 is deleted from the bill because Public Law 2009, chapter 496, section 23 repeals and replaces Title 36, section 5200A, subsection 2, paragraph R and resolves the conflict.
Section 76 is deleted from the bill because Public Law 2009, chapter 496, section 29 repeals and replaces Title 36, section 6754, subsection 1, paragraph D and resolves the conflict.
Part B makes the following technical corrections.
Section 1 corrects an internal cross-reference concerning the sale of unpasteurized milk or milk products in the Maine Revised Statutes, Title 7, section 2902B, subsection 2.
Sections 2 and 3 correct a cross-reference in the landlord-tenant laws to the Efficiency Maine Trust Act with regard to rental properties. The same provision of law was amended by Public Law 2009, chapter 566. This correction amends the law as amended by chapter 566 and makes the correction take effect July 1, 2010, the effective date of the Efficiency Maine Trust Act.
Sections 4 and 5 amend Title 14, section 8109, subsections 1 and 2 to correct cross-references within the Maine Tort Claims Act.
Section 6 corrects a conflict created by Public Law 2009, chapter 67 and Initiated Bill 2009, chapter 1, which affected the same provision of law, by incorporating the changes made by both laws. Title 22, section 2383 governs the prohibition and penalties for the civil violation of possession of marijuana.
Section 7 replaces an obsolete cross-reference to the Maine Bar Rules in the Maine Health Security Act with the appropriate cross-reference to the Maine Rules of Professional Conduct.
Section 64 of the bill proposed to correct a conflict in the law concerning a specific inventory tax, but did not include the complete necessary cross-reference. Public Law 2009, chapter 496 also corrected the conflict, but contains a clerical error. Section 8 corrects the error in chapter 496. Section 9 makes the correction effective retroactively to July 18, 2008.
Section 66 of the bill corrected a conflict in the law concerning the indexing of motor fuel tax rates, but it did not include the complete necessary cross-references. Section 10 includes the cross-references to the appropriate subsections.
Section 11 corrects a formatting error in Public Law 2009, chapter 571, Part PP, section 2. Part PP changes the disbursement of bonds proceeds concerning different energy projects, which were approved by Public Law 2009, chapter 414. Committee Amendment "A" to L.D. 1671 correctly repealed references to the Department of Administrative and Financial Services in Part D, sections 5 and 6 of Public Law 2009, chapter 414. Section 6 was also amended to provide that the Maine Marine Wind Energy Demonstration Site Fund is under the University of Maine System. The chaptered law did not incorporate the formatting used to denote the change from "Department of Administrative and Financial Services" to "University of Maine System."
Part C makes the following changes that are substantive or may be considered substantive.
Section 1 corrects a conflict created when Public Law 2009, chapter 396 repealed Title 12, section 6536 and chapter 213 amended section 6536, subsection 4. This section corrects the conflict by repealing the section.
Section 2 amends the license term for a game of chance license to operate an electronic video machine from a period not to exceed 6 months to a period of up to 12 months. The 12-month maximum is consistent with the other license terms in the recodified chapter of the games of chance laws as enacted by Public Law 2009, chapter 487. Section 4 makes the correction take effect 90 days after the adjournment of the Second Regular Session of the 124th Legislature.
Section 3 amends the games of chance laws concerning the maximum number of players in a licensed card game in one location at any one time to be consistent with the changes made in Public Law 2009, chapter 224. Chapter 224 increased the number from 40 to 50. Public Law 2009, chapter 487 recodified the games of chance laws in 2010 and inadvertently did not incorporate the change made by chapter 224. Section 3 amends the recodified law to incorporate the 50-player maximum. Section 4 makes the correction take effect 90 days after the adjournment of the Second Regular Session of the 124th Legislature.
Section 5 repeals and replaces current law concerning the use of helmets by passengers on motorcycles and autocycles to delete the application of the law to passengers of autocycles. Autocycle passengers were not intended to be included in Public Law 2009, chapter 55.
Section 6 corrects an inconsistency between the new language in the statute concerning temporary licenses for delivery and plant operators and the unallocated transition language as enacted by Public Law 2009, chapter 334. Section 7 makes the correction apply retroactively to the effective date of chapter 334, which is January 1, 2010.
Sections 8 and 9 correct the contingent effective date sections in Public Law 2009, chapter 496. In Public Law 2009, chapter 496, sections 30 and 31 provide for a contingent effective date, based on a pending people's veto referendum. However, the law should have provided for a contingent retroactive effective date since it is correcting a definition that is already in effect. The premium imposed on bulk motor vehicle oil changed from a per oil change surcharge to a surcharge on bulk motor vehicle oil, beginning August 1, 2008. If the change is not made, the surcharge is not excluded from the definition of "sale price" for the period of time between August 1, 2008 and when Public Law 2009, chapter 496 takes effect.
Part D corrects two problems created by Public Law 2009, chapter 461 concerning Pine Tree Development Zones.
Public Law 2009, chapter 461 repealed Title 30A, section 5250J, subsection 1. Paragraph D of that subsection provided authorization for pilot projects in Washington County and the Downeast region and its repeal was inadvertent. This section includes the provisions of former paragraph D as a new paragraph E of subsection 3A. This is a substantive change.
Public Law 2009, chapter 461 created "tier 1 locations" in Title 30A, section 5250J, subsection 3A. There were slight format and wording errors with the descriptions of units of local government designated as participating municipalities and the description of property within a military redevelopment zone. Section 1 corrects those errors.
Section 2 makes these changes take effect retroactively to the date that Public Law 2009, chapter 461 took effect, September 12, 2009.
Part E corrects definitions in the new law creating the Universal Childhood Immunization Program, enacted by Public Law 2009, chapter 595.
Section 1 amends the definition of "assessed entity" to remove the reference to a health insurance carrier as "licensed under Title 24A." In this new section of law, "health insurance carrier" is defined more broadly, including health maintenance organizations, administrators of preferred provider arrangements, fraternal benefit societies, nonprofit hospital or medical service corporations, multiple-employer welfare arrangements and self-insured employers. This is done, with the agreement of these entities, to include the broadest possible grouping of entities providing health coverage.
Public Law 2009, chapter 595 defines "covered life months" by referencing health insurance plans provided by a health insurance carrier. This reference is inconsistent with the rest of the Act because it is too narrow. Section 2 revises the definition to include health insurance plans "provided or administered by an assessed entity." This is done to include all health insurance carriers and 3rd-party administrators.
Section 3 provides that all of Part E takes effect 90 days after the adjournment of the Second Regular Session of the 124th Legislature, which is when Public Law 2009, chapter 595 takes effect.