PART A
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| HP1089 LD 1480 |
First Regular Session - 125th Maine Legislature C "A", Filing Number H-656, Sponsored by
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LR 1 Item 2 |
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| Bill Tracking, Additional Documents | Chamber Status | ||
Amend the bill by inserting after the enacting clause and before section 1 the following:
PART A
‘’Sec. .
Amend the bill by striking out all of sections 9, 14, 25, 32, 33, 39, 40 and 43.
Amend the bill by inserting at the end before the emergency clause the following:
PART B
‘Sec. B-1. 31 MRSA §1592, sub-§8, as amended by PL 2011, c. 113, Pt. A, §12, is further amended to read:
Sec. B-2. 31 MRSA §1626, sub-§7, as enacted by PL 2009, c. 629, Pt. A, §2 and affected by §3, is amended to read:
Sec. B-3. Maine Revised Statutes headnote enacted; revision clause. In the Maine Revised Statutes, Title 23, chapter 410, after the chapter headnote, the headnote "subchapter 1, general provisions" is enacted and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
Sec. B-4. Effective date. Those sections of this Part that amend the Maine Revised Statutes, Title 31, section 1592, subsection 8 and section 1626, subsection 7 take effect July 1, 2011.
PART C
Sec. C-1. 4 MRSA §1804, sub-§3, ¶C, as enacted by PL 2009, c. 419, §2, is amended to read:
Sec. C-2. 5 MRSA §1514, as amended by PL 1989, c. 878, Pt. A, §§12 and 13, is repealed.
Sec. C-3. 17-A MRSA §1202, sub-§2-A, as amended by PL 2005, c. 265, §9, is further amended to read:
Sec. C-4. 34-A MRSA §11222, sub-§4-A, ¶C, as enacted by PL 2009, c. 570, §3, is amended to read:
(1) To appear in person at the law enforcement agency having jurisdiction with a current photograph or to allow a photograph to be taken; or
(2) If authorized in writing by the law enforcement agency having jurisdiction for or the bureau, to submit a new photograph without appearing in person.
Sec. C-5. 34-A MRSA §11222, sub-§4-B, ¶C, as enacted by PL 2009, c. 570, §4, is amended to read:
(1) To appear in person at the law enforcement agency having jurisdiction with a current photograph or to allow a photograph to be taken; or
(2) If authorized in writing by the law enforcement agency having jurisdiction for or the bureau, to submit a new photograph without appearing in person.
Sec. C-6. 34-B MRSA §1207, sub-§1, ¶F, as amended by PL 2003, c. 563, §1, is further amended to read:
Sec. C-7. 34-B MRSA §1207, sub-§1, ¶G, as amended by PL 2003, c. 563, §2, is repealed.
PART D
Sec. D-1. 14 MRSA §6001, sub-§1-B, as enacted by PL 2011, c. 122, §1, is amended to read:
Sec. D-2. 22 MRSA §3025, sub-§1, ¶D, as amended by PL 2011, c. 60, §1, is further amended to read:
Sec. D-3. 30-A MRSA §1562-A, as enacted by PL 2011, c. 60, §2, is amended to read:
§ 1562-A. Death of a person in custody
When a prisoner person in county or state custody dies, an examination and inquest must be held, and the commissioner or the chief administrative officer of the facility sheriff or jailer shall cause a medical examiner to be immediately notified for that purpose pursuant to Title 22, section 3025. For purposes of this section, " county or state custody" means custody pursuant to an arrest, confinement in a state correctional facility, county jail , or other county correctional facility or local lockup or when the prisoner person is in transport between on the way to or from a courthouse or any of these places while in the custody of a county law enforcement officer or county or state corrections official. The medical examiner shall also review the case file and relevant medical records and determine whether an autopsy is needed. If the medical examiner determines that an autopsy is needed, an autopsy must be performed.
Sec. D-4. 30-A MRSA §2678 is enacted to read:
§ 2678. Death of a person in custody
When a person in custody dies, an examination and inquest must be held, and the chief of police shall cause a medical examiner to be immediately notified for that purpose pursuant to Title 22, section 3025. For purposes of this section, "custody" means custody pursuant to an arrest, confinement in a local lockup or when the person is on the way to or from a courthouse or a local lockup while in the custody of a local law enforcement officer. The medical examiner shall also review the case file and relevant medical records and determine whether an autopsy is needed. If the medical examiner determines that an autopsy is needed, an autopsy must be performed.
Sec. D-5. 34-A MRSA §3045, as amended by PL 2011, c. 60, §4, is further amended to read:
§ 3045. Death of client
When any client in county or state custody dies, an examination and inquest must be held, and the commissioner or the chief administrative officer of the facility shall cause a medical examiner to be immediately notified for that purpose pursuant to Title 22, section 3025. For purposes of this section, " county or state custody" means custody pursuant to an arrest, confinement in a state correctional or detention facility , county jail, other correctional facility or local lockup or when the prisoner client is in transport between any of these places on the way to or from a state correctional or detention facility while in the custody of a law enforcement officer or county or state corrections official. The medical examiner shall also review the case file and relevant medical records and determine whether an autopsy is needed. If the medical examiner determines that an autopsy is needed, an autopsy must be performed.
Sec. D-6. Effective date. This Part takes effect 90 days after the adjournment of the First Regular Session of the 125th Legislature.
PART E
Sec. E-1. 38 MRSA §1665-B, sub-§2, ¶A, as amended by PL 2011, c. 206, §29, is further amended to read:
(1) A maximum rate of collection of mercury-added thermostats is achieved;
(2) Handling and recycling of mercury-added thermostats are accomplished in a manner that is consistent with section 1663, with other provisions of this chapter and with the universal waste rules adopted by the board pursuant to section 1319-O;
(3) Authorized bins for mercury-added thermostat collection are made available at a reasonable one-time fee not to exceed $25 to all wholesaler heating, ventilation and air conditioning supply, electrical supply and plumbing supply distributor locations that sell thermostats and to all retailers and electrical supply wholesalers who volunteer to participate in the program; and
(4) By January 1, 2007, authorized bins for mercury-added thermostat collection are made available at a reasonable one-time fee not to exceed $25 to municipalities and regions requesting bins for mercury-added thermostat collection at universal waste collection sites or at periodic household hazardous waste collection events, as long as the collection sites or events are approved by the department for mercury-added thermostat collections;
Sec. E-2. 38 MRSA §1665-B, sub-§2, ¶E, as amended by PL 2011, c. 206, §30, is further amended to read:
Sec. E-3. 38 MRSA §1665-B, sub-§2, ¶F, as amended by PL 2011, c. 206, §31, is further amended to read:
Sec. E-4. PL 2011, c. 206, §32 is repealed.
Sec. E-5. Retroactivity. This Part applies retroactively to June 3, 2011.
PART F
Sec. F-1. 20-A MRSA §13201, 2nd ¶, as amended by PL 2011, c. 172, §2 and affected by §4, is further amended to read:
After a probationary period of 3 years, subsequent contracts of duly certified teachers must be for not less than 5 2 years. Unless a duly certified teacher receives written notice to the contrary at least 6 months before the terminal date of the contract, the contract must be extended automatically for one year and similarly in subsequent years. The right to an extension for a longer period of time through a new contract is specifically reserved to the contracting parties.
Sec. F-2. Effective date. This Part takes effect 90 days after the adjournment of the First Regular Session of the 125th Legislature.
PART G
Sec. G-1. 20-A MRSA §11484, sub-§1, ¶B-1, as enacted by PL 2001, c. 417, §19, is repealed.
Sec. G-2. 20-A MRSA §11484, sub-§1, ¶B-2, as enacted by PL 2001, c. 417, §19, is amended to read:
Sec. G-3. 20-A MRSA §11484, sub-§1, ¶C, as enacted by PL 1997, c. 732, §4, is amended to read:
Sec. G-4. 20-A MRSA §11484, sub-§1, ¶D, as enacted by PL 1997, c. 732, §4, is repealed.
Sec. G-5. 20-A MRSA §11484, sub-§1, ¶¶E and F are enacted to read:
Sec. G-6. PL 2011, c. 150, §§5 to 8 are repealed.
Sec. G-7. PL 2011, c. 150, §9 is amended to read:
Sec. 9. Effective date. Those sections of this Act that amend the Maine Revised Statutes, Title 20-A, section 11473, subsections 1 and 5; section 11474, subsection 2; and section 11476 take effect on July 1, 2012. That section of this Act that repeals Title 20-A, section 11484, subsection 1, paragraph B-1 and that section of this Act that amends Title 20-A, section 11484, subsection 1, paragraph B-2 take effect at the expiration of the term of the member with knowledge of student financial assistance or when the position is vacant. That section of this Act that repeals Title 20-A, section 11484, subsection 1, paragraph D and that section of this Act that enacts Title 20-A, section 11484, subsection 1, paragraph E take effect at the expiration of the terms of the member representing public institutions of higher education and the member representing private institutions of higher education or when the positions are vacant.
Sec. G-8. Transition. Notwithstanding that section of this Part that repeals the Maine Revised Statutes, Title 20-A, section 11484, subsection 1, paragraph B-1, the member appointed pursuant to that paragraph may continue to serve until the expiration of the term to which the member was appointed, until the member vacates the membership or until the member is removed for cause, whichever occurs first. Notwithstanding that section of this Part that amends Title 20-A, section 11484, subsection 1, paragraph B-2, the Governor may not appoint a 2nd member under that paragraph until the expiration of the term of the member appointed pursuant to Title 20-A, section 11484, subsection 1, paragraph B-1, the member vacates the membership or the member is removed for cause, whichever occurs first. Notwithstanding that section of this Part that repeals Title 20-A, section 11484, subsection 1, paragraph D, a member appointed pursuant to that paragraph may continue to serve until the expiration of the term to which the member was appointed, until the member vacates the membership or until the member is removed for cause, whichever occurs first. Notwithstanding that section of this Part that enacts Title 20-A, section 11484, subsection 1, paragraph E, the Governor may not appoint a member under that paragraph until the expiration of the term of the member appointed pursuant to the former Title 20-A, section 11484, subsection 1, paragraph D to represent public institutions or until that member is removed for cause or otherwise vacates the membership. Notwithstanding that section of this Part that enacts Title 20-A, section 11484, subsection 1, paragraph F, the chair of the board of directors of the Finance Authority of Maine may not appoint a member under that paragraph until the expiration of the term of the member appointed pursuant to the former Title 20-A, section 11484, subsection 1, paragraph D to represent private institutions or until that member is removed for cause or otherwise vacates the membership.
Sec. G-9. Effective date. This Part takes effect 90 days after adjournment of the First Regular Session of the 125th Legislature.’
Amend the bill by striking out all of the emergency clause and inserting the following:
‘Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved, except as otherwise indicated.’
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
SUMMARY
This amendment includes both technical and substantive changes to the laws.
This amendment designates the provisions of the bill as Part A.
This amendment deletes sections 9, 14, 25, 32, 33, 39, 40 and 43 from the bill. Sections 32, 33 and 43 are added to the amendment with changes in Part B.
Part B includes technical corrections to sections originally printed in the bill. Section 1 is the same as section 32 of the bill except that it incorporates the amendment made by Public Law 2011, chapter 113. Section 2 is the same as section 33 of the bill. Section 3 is a corrected version of section 43 of the bill. Section 4 makes the amendments to the Maine Limited Liability Company Act take effect July 1, 2011, which is the date on which the Maine Limited Liability Company Act takes effect.
Part C makes technical corrections. Section 1 corrects the subject-verb agreement in the laws governing the Maine Commission on Indigent Legal Services. Section 2 repeals a section of law that was enacted in 1987 that had a purpose only through 1989. Section 3 corrects a cross-reference. Sections 4 and 5 correct clerical errors by changing the word "for" to "or" in 2 subsections within the sex offender registry laws. Sections 6 and 7 effect the repeal of language relating to a commission that was repealed in 1992.
Part D includes changes that may be considered substantive. Section 1 clarifies that the new subsection added by Public Law 2011, chapter 122 applies to only residential leases or contracts. Section 1 is not intended to affect the application or interpretation of any other provision of law. Sections 2 to 5 correct technical issues in language adopted pursuant to Public Law 2011, chapter 60 passed earlier in the session and ensure that implementation of the law occur. Sections 2 to 5 incorporate situations inadvertently left out of Public Law 2011, chapter 60, including death of a person in custody in a state or county detention facility, in custody on the way to or from a courthouse and while being transported to or from one of the facilities listed even if the transport is not being done to take the person to another of the facilities. By using the word "person" instead of "prisoner" it also covers juveniles who are in custody. Section 4 adds similar provisions for persons in custody of municipal law enforcement officers. Sections 2 to 5 correct language that would inadvertently require the Commissioner of Corrections to notify a medical examiner of a death about which the commissioner would not know, such as that of an arrestee who dies while being taken from a local lockup to the county jail by a municipal police officer. The amendment puts the responsibility for notification on the correct official. It also substitutes "sheriff or jailer" in the county jail provision for the same reason. Other changes clarify each provision to accurately reflect the type of situation involved at each level, whether state, county or local. Section 6 provides that the amendment made by section 1 takes effect 90 days after the adjournment of the First Regular Session of the 125th Legislature, which is the effective date of Public Law 2011, chapter 122 and chapter 60.
Part E makes substantive changes to carry out the intent of the Joint Standing Committee on Environment and Natural Resources concerning mercury-added thermostats. Several sections of L.D. 1398, enacted as Public Law 2011, chapter 206, were inadvertently not removed from the bill by both the majority and minority committee amendments. This Part resolves that oversight by amending the Maine Revised Statutes, Title 38, section 1665-B to reinstate the law as it existed prior to the enactment of Public Law 2011, chapter 206. Chapter 206 took effect on June 3, 2011. Part E includes a retroactive effective date provision to make the entire Part apply retroactively to June 3, 2011.
Part F corrects a clerical error in Public Law 2011, chapter 172 concerning teacher contracts. This is a substantive change that carries out the intent of the Joint Standing Committee on Education and Cultural Affairs. This Part takes effect 90 days after the adjournment of the First Regular Session of the 125th Legislature, which is when chapter 172 takes effect.
Part G corrects the membership changes in the Advisory Committee on College Savings enacted by Public Law 2011, chapter 150 as intended by the Joint Standing Committee on Education and Cultural Affairs. Part G deletes wording that was inadvertently retained and corrects the effective date and transition language.