HP1118, LD 1643, item 2, Document Text

Amend the bill by inserting after the enacting clause and before section 1 the following:

PART A

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’Sec. .

Amend the bill by striking out all of section 6 (page 2, lines 20 to 32 in L.D.) and inserting the following:

‘Sec. 6. 12 MRSA §11108, sub-§1, as amended by PL 2015, c. 281, Pt. E, §3 and c. 301, §11, is repealed and the following enacted in its place:

1. On certain land. Notwithstanding section 11109, subsection 1 as it applies to this subchapter, and subject to all other applicable laws and rules, a resident and a member of the resident's immediate family, as long as the hunter's license to hunt is not under suspension or revocation, may hunt without a license, including, but not limited to, an archery hunting license, a crossbow permit and a muzzle-loading permit, on a single plot of land:

A. To which they are legally entitled to possession;

B. On which they are actually domiciled;

C. That is used exclusively for agricultural purposes; and

D. That is in excess of 10 acres.’

Amend the bill in section 9 in subsection 8 in the first paragraph in the last line (page 3, line 21 in L.D.) by striking out the following: " those data are" and inserting the following: ' data are'

Amend the bill in section 25 in subsection 4 in the 2nd line (page 7, line 22 in L.D.) by striking out the following: " must" and inserting the following: ' shall'

Amend the bill by striking out all of section 31 (page 8, line 36 and page 9, lines 1 to 19 in L.D.)

Amend the bill in section 40 in paragraph B by striking out all of subparagraphs (1) and (2) (page 11, lines 1 to 6 in L.D.) and inserting the following:

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(1) Target at least 10% of funds for electricity conservation collected under former subsection 4 or subsection 4-A or $2,600,000, whichever is greater, to programs for low-income residential consumers, as defined by the board by rule;

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(2) Target at least 10% of funds for electricity conservation collected under former subsection 4 or subsection 4-A or $2,600,000, whichever is greater, to programs for small business consumers, as defined by the board by rule; and

Amend the bill by striking out all of section 47 (page 12, lines 34 to 37 in L.D) and inserting the following:

‘Sec. 47. 36 MRSA §5125, sub-§3, ¶D, as amended by PL 2015, c. 267, Pt. DD, §16 and c. 340, §1, is repealed and the following enacted in its place:

D. Reduced by any amount attributable to interest or expenses incurred in the production of income exempt from tax under this Part; and’

Amend the bill by striking out all of section 51 (page 13, lines 37 to 42 in L.D.)

Amend the bill by inserting after section 52 the following:

PART B

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Sec. B-1. 5 MRSA §13070-J, sub-§1, ¶E, as enacted by PL 1999, c. 768, §1, is amended to read:

E. "Economic development proposal" means proposed legislation that establishes a new program or that expands an existing program that:

(1) Is intended to encourage significant business expansion or retention in the State; and

(2) Contains a tax expenditure, as defined in section 1664 1666, or a budget expenditure with a cost that is estimated to exceed $100,000 per year.

Sec. B-2. 30-A MRSA §4741, sub-§17, as amended by PL 1993, c. 175, §7, is further amended to read:

17. Comprehensive housing affordability strategy coordinator. The Maine State Housing Authority is designated the comprehensive housing affordability strategy coordinator for the State and has the power to prepare and submit on behalf of the State the annual comprehensive housing affordability strategy called for in the Cranston-Gonzalez National Affordable Housing Act, Public Law 101-625 (1990) and to undertake all monitoring and certification procedures required under that law. The Maine State Housing Authority shall represent the State in carrying out the HOME Investment Partnerships Program created by the Cranston-Gonzalez National Affordable Housing Act; and

Sec. B-3. 30-A MRSA §4741, sub-§18, as amended by PL 2007, c. 562, §6, is further amended to read:

18. State designee for homeless programs. The Maine State Housing Authority is designated the coordinating agency for the State for programs dealing with homeless persons and may apply for, receive, distribute and administer federal, state and other funds on behalf of the State for homeless programs including, without limitation, the Emergency Community Services Homeless Grant Program and the programs authorized pursuant to the federal Stewart B. McKinney Homeless Assistance Act, Public Law 100-77, (1987), as amended . ; and

Sec. B-4. 30-A MRSA §4741, sub-§19 is enacted to read:

19. State designee for National Housing Trust Fund. The Maine State Housing Authority is designated as the entity to receive and allocate funds from the National Housing Trust Fund established by the federal Housing and Economic Recovery Act of 2008.

Sec. B-5. 36 MRSA §5122, sub-§1, ¶JJ, as amended by PL 2015, c. 388, Pt. A, §4, is amended to read:

JJ. For tax years beginning on or after January 1, 2016, an amount equal to the taxpayer base multiplied by the following fraction:

(1) For single individuals and married persons filing separate returns, the numerator is the taxpayer's Maine adjusted gross income less $70,000, except that the numerator may not be less than zero, and the denominator is $75,000. In no case may the fraction contained in this subparagraph produce a result that is more than one. The $70,000 amount used to calculate the numerator in this subparagraph must be adjusted for inflation in accordance with section 5403, subsection 3 4;

(2) For individuals filing as heads of households, the numerator is the taxpayer's Maine adjusted gross income less $105,000, except that the numerator may not be less than zero, and the denominator is $112,500. In no case may the fraction contained in this subparagraph produce a result that is more than one. The $105,000 amount used to calculate the numerator in this subparagraph must be adjusted for inflation in accordance with section 5403, subsection 3 4; or

(3) For individuals filing married joint returns or surviving spouses, the numerator is the taxpayer's Maine adjusted gross income less $140,000, except that the numerator may not be less than zero, and the denominator is $150,000. In no case may the fraction contained in this subparagraph produce a result that is more than one. The $140,000 amount used to calculate the numerator in this subparagraph must be adjusted for inflation in accordance with section 5403, subsection 3 4.

For purposes of this paragraph, "taxpayer base" means either the taxpayer’s applicable standard deduction amount for the taxable year determined under section 5124-B or, if itemized deductions are claimed, the taxpayer’s itemized deductions claimed for the taxable year determined under section 5125; and

Sec. B-6. P&SL 2013, c. 23, as corrected by RR 2013, c. 2, §55, is repealed.

PART C

Sec. C-1. 22 MRSA §1714-E, sub-§7, as amended by PL 2015, c. 329, Pt. A, §5, is further amended to read:

7. Repeal. This section is repealed if Section 6402(h)(2) of the federal Patient Protection and Affordable Care Act, Public Law 111-148 and 42 Code of Federal Regulations, Part 455 are invalidated by the United States Supreme Court. The department shall notify the Secretary of State, the Secretary of the Senate, the Clerk of the House of Representatives and the Revisor of Statutes if the section of law and the regulation are invalidated.

Sec. C-2. 35-A MRSA §4392, sub-§6, as corrected by RR 2009, c. 2, §104, is amended to read:

6. Contingent repeal. After payment of all fees in accordance with subsection 5, the trustee shall report to the commission and, upon certification by the commission, the fund shall must be dissolved expeditiously and this subchapter is repealed. The commission shall notify the Secretary of State, the Secretary of the Senate, the Clerk of the House of Representatives and the Revisor of Statutes when the fund is dissolved.

Sec. C-3. PL 1987, c. 566, §2 is amended to read:

Sec. 2. Effective date. This Act shall take effect when New Hampshire and Vermont have enacted concurrent legislation which limits the numbers in the TriState Tri-State Lotto game to no more than 36. When the contingency under this section is met, the State Liquor and Lottery Commission shall notify the Secretary of State, the Secretary of the Senate, the Clerk of the House of Representatives and the Revisor of Statutes that it has been met.

Sec. C-4. PL 1995, c. 652, §4 is amended by adding at the end a new paragraph to read:

The Attorney General shall notify the Secretary of State, the Secretary of the Senate, the Clerk of the House of Representatives and the Revisor of Statutes when any of the 4 listed conditions has occurred.

Sec. C-5. PL 2003, c. 673, Pt. HH, §6 is amended by adding at the end a new paragraph to read:

The Department of Health and Human Services shall notify the joint standing committee of the Legislature having jurisdiction over health and human services matters, the Secretary of State, the Secretary of the Senate, the Clerk of the House of Representatives and the Revisor of Statutes if the notification from the United States Department of Health and Human Services under this section is received.

Sec. C-6. PL 2003, c. 673, Pt. HH, §7 is amended to read:

Sec. HH-7. Contingency for continued federal approval of hospital payment. Notwithstanding any other provision of law, the tax imposed under the Maine Revised Statutes, Title 36, section 2892 must be terminated within 30 days of notification by the United States Department of Health and Human Services that all or a part of the hospital payment modifications funded under section 8 of this Part are disapproved hospital reimbursements under the State's Medicaid program. The Department of Health and Human Services shall notify the joint standing committee of the Legislature having jurisdiction over health and human services matters, the Secretary of State, the Secretary of the Senate, the Clerk of the House of Representatives and the Revisor of Statutes if the notification is received.

Sec. C-7. PL 2015, c. 38, §3 is amended to read:

Sec. 3. Contingent effective date. This Act takes effect only upon the receipt by the Finance Authority of Maine Loan Insurance Reserve Fund of an appropriation, allocation or other funding source in the amount of at least $37,000,000. When the contingency under this section is met, the Finance Authority of Maine shall notify the Secretary of State, the Secretary of the Senate, the Clerk of the House of Representatives and the Revisor of Statutes that it has been met.

Sec. C-8. PL 2015, c. 224, §2 is amended to read:

Sec. 2. Contingent effective date. This Act takes effect only upon the receipt by the Economic Recovery Program Fund of an appropriation, an allocation or funds from another funding source in the amount of at least $13,000,000. When the contingency under this section is met, the Finance Authority of Maine shall notify the Secretary of State, the Secretary of the Senate, the Clerk of the House of Representatives and the Revisor of Statutes that it has been met.

PART D

Sec. D-1. 8 MRSA §1017, sub-§1, as amended by PL 2013, c. 212, §22, is further amended to read:

1. Form. An application for a license required under this chapter must be on the form provided by the board. The application must contain, but is not limited to, the following information regarding the individual applicant and each key employee executive, officer, director, partner, shareholder, creditor, associate or owner of any legal or beneficial interest in a person applying for a license:

A. Full name;

B. Full current address and addresses for the prior 15 years;

C. A record of previous issuances and denials of or any adverse action taken against a gambling-related license or application under this chapter or in any other jurisdiction. For purposes of this paragraph, "adverse action" includes, but is not limited to, a condition resulting from an administrative, civil or criminal violation, a suspension or revocation of a license or a voluntary surrender of a license to avoid or resolve a civil, criminal or disciplinary action;

D. All information the board determines is necessary or appropriate to determine whether the applicant satisfies the qualifications specified in section 1016, subsections 1 and 1-A; and

E. Any information the board by rule considers necessary.

Sec. D-2. 12 MRSA §11109, sub-§3, as amended by PL 2015, c. 127, §§1 and 2 and affected by §6 and amended by c. 245, §2, c. 281, Pt. E, §4 and c. 301, §13, is repealed and the following enacted in its place:

3. Hunting licenses; combination licenses; fees. Hunting licenses, combination licenses and fees are as follows.

A. A resident junior hunting license, for a person under 16 years of age, is $8 and permits hunting of all legal species, subject to the permit requirements in subchapter 3. Notwithstanding the permit fees established in subchapter 3, a resident junior hunting license includes all permits, stamps and other permissions needed to hunt at no additional cost. A license holder under this paragraph who qualifies to hunt during the special season on deer under section 11153 and who meets the eligibility requirements of section 11106 must be issued one antlerless deer permit and one either-sex permit. A resident junior hunting license does not exempt the holder of the license from lottery-related application requirements under this Part.

B. A resident hunting license, for a person 16 years of age or older, is $26 and permits hunting of all legal species, subject to the permit requirements in subchapter 3.

C. A resident small game hunting license, for a person 16 years of age or older, which permits hunting for all legal species except deer, bear, moose, raccoon and bobcat, is $15.

D. A resident combination hunting and fishing license is $43 and permits hunting of all legal species, subject to the permit requirements in subchapter 3.

E. A resident combination archery hunting and fishing license is $43 and permits hunting of all legal species, subject to the permit requirements in subchapter 3.

E-1. A resident apprenticeship hunter license, which includes a bear hunting permit and a wild turkey hunting permit under sections 11151 and 11155, respectively, is $26 and permits hunting of all legal species, subject to the permit requirements in subchapter 3.

F. A nonresident junior hunting license, for a person under 16 years of age, is $35 and permits hunting of all legal species, subject to the permit requirements in subchapter 3. Notwithstanding the permit fees established in subchapter 3, a nonresident junior hunting license includes all permits, stamps and other permissions needed to hunt at no additional cost. A license holder under this paragraph who qualifies to hunt during the special season on deer under section 11153 and who meets the eligibility requirements of section 11106 must be issued one antlerless deer permit and one either-sex permit. A nonresident junior hunting license does not exempt the holder of the license from lottery-related application requirements under this Part.

G. A nonresident small game hunting license, which permits hunting of all legal species except deer, bear, moose, raccoon and bobcat, is $75.

H. A nonresident 3-day small game hunting license, valid for 3 consecutive hunting days, which permits hunting of all legal species except deer, bear, moose, raccoon and bobcat for the 72-hour period specified on the license, is $50.

I. A nonresident hunting license, which permits hunting of all legal species subject to the permit requirements in subchapter 3, is $115.

J. A nonresident combination hunting and fishing license is $150.

K. An alien small game hunting license, which permits hunting of all species except deer, bear, moose, raccoon and bobcat, is $80.

L. An alien hunting license, which permits hunting of all legal species subject to the permit requirements in subchapter 3, is $140.

M. An alien combination hunting and fishing license is $191.

O. A nonresident small game apprenticeship hunter license, which permits the hunting of all legal species except deer, bear, moose, raccoon and bobcat, is $75.

P. A nonresident apprenticeship hunter license, which permits the hunting of all legal species and includes a bear hunting permit and a wild turkey hunting permit under sections 11151 and 11155, respectively, is $115.

Sec. D-3. 22 MRSA §1812-J, sub-§7, as repealed and replaced by PL 2015, c. 299, §17, is amended to read:

7. Prohibited employment based on disqualifying offenses. An employer who employs an unlicensed assistive person to provide direct access services shall conduct a comprehensive background check in accordance with state law and rules adopted by the department and is subject to the employment restrictions set out in section 1812-G and other applicable federal and state laws. The employer is subject to penalties for employing a disqualified or otherwise ineligible person in accordance with applicable federal or state laws.

An employment ban based on a disqualifying offense is a lifetime employment ban.

Sec. D-4. 22 MRSA §2501, first ¶, as amended by PL 2013, c. 264, §7, is further amended to read:

Private homes are not deemed or considered lodging places and subject to a license when not more than 5 rooms are let; such private homes must post in a visible location in each rented room a card with the following statement in text that is easily readable in no less than 18-point boldface type of uniform font "This lodging place is not regulated by the State of Maine Department of Health and Human Services, Maine Center for Disease Control and Prevention." The homes must provide guests upon check-in with a notice containing the same information. A license is not required from vacation rentals, youth camps, dormitories of charitable, educational or philanthropic institutions or fraternity and sorority houses affiliated with educational institutions, or from private homes used in emergencies for the accommodation of persons attending conventions, fairs or similar public gatherings, nor from temporary eating establishments and temporary lodging places for the same, nor from railroad dining or buffet cars, nor from construction camps, nor from boarding houses and camps conducted in connection with wood cutting and logging operations, nor from any boarding care facilities or children's homes that are licensed under section 7801.

Sec. D-5. 22 MRSA §5114, sub-§2, as amended by PL 2015, c. 332, §§1 and 2, is further amended to read:

2. Social services. "Social services" means any of the following services which that meet such standards as the director commissioner may prescribe:

A. Health services, including health aides, home care, homemakers, home repair and chore service and community care including counseling, information and referral services, continuing education, recreation and volunteer services;

B. Transportation, where when necessary to facilitate access to social services, with priority given to health services including hospitals, physician care, bona fide clinics, prescription drugs and other essential medications, meals programs and food distribution centers; and with priority given to income producing and supplement programs including social security, supplemental security and tax refunds;

C. Meals programs , which that provide at least one hot meal per day and any additional meals, hot or cold, which that the recipient of a grant or contract may elect to provide, each of which assures a minimum of 1/3 of the daily recommended dietary allowances as established by the Food and Nutrition Board of the National Academy of Science -- National Research Council, and which provides that provide such meals programs for individuals aged 60 and over and their spouses at sites close to the individual's residence; and where appropriate to furnish transportation to such site or home-delivered meals to homebound older people; and to administer such meals programs in accordance with the appropriate and pertinent portions of the "nutrition and other program requirements" of the National Nutrition Program for the Elderly;

D. Services designed to encourage and assist older persons to use facilities and services available to them;

E. Services designed to assist older persons to obtain adequate housing;

F. Services designed to assist older persons in avoiding institutionalization, including evaluation and screening and home health services;

G. Any other services necessary for the general well-being of older persons; or

H. Services designed to assist older persons with maintaining their financial independence and avoiding financial exploitation, including personal financial management assistance.

Sec. D-6. 22 MRSA §5115, 3rd and 4th ¶¶, as enacted by PL 1973, c. 630, §1, are amended to read:

The number of persons aged 60 or over in the geographical boundaries of the area served by any area agency and in the entire State shall must be determined by the director commissioner on the basis of the most recent and satisfactory data available to him the commissioner.

Whenever the director commissioner determines that any amount allotted to an area agency for a fiscal year under this section will not be used by such agency for carrying out the purpose for which the allotment was made, he the commissioner shall make such amount available for carrying out such purpose to one or more other area agencies to the extent he the commissioner determines such other area agencies will be able to use such additional amount for carrying out such purpose. Any amount made available to an area agency from an appropriation for a fiscal year pursuant to the preceding sentence shall must, for purposes of this section, be regarded as part of such agency's allotment, as determined under the preceding provisions of this section for such year.

Sec. D-7. 22 MRSA §5116, sub-§1, ¶¶B and C, as enacted by PL 1973, c. 630, §1, are amended to read:

B. The State state agency shall must, in accordance with regulations of the director commissioner, designate an area agency as the sole area agency to:

(1) Develop the area plan to be submitted to the director commissioner for approval under section 5118;

(2) Administer the area plan within such area;

(3) Be primarily responsible for the coordination of all area activities related to the purposes of this Act; and

(4) Review and comment on, under its own initiative or at the request of any state or federal department or agency, any application from any agency or organization within such area to such state or federal department or agency for assistance related to meeting the needs of older persons; and

(5) Develop and provide, or assure the provision of, coordinated community programs for the delivery of social services; and

C. The area agency designated pursuant to paragraph B shall:

(1) Determine which portions of its area will be included in the area plan to be developed in accordance with section 5118; and

(2) Provide assurances satisfactory to the director commissioner that the area agency will take into account, in connection with matters of general policy arising in the development and administration of the area plan for any fiscal year, the recommendations of older people in need of or served by social services provided under such plan.

Sec. D-8. 22 MRSA §5118, as amended by PL 2003, c. 510, Pt. B, §8, is further amended to read:

§ 5118. Area plans

1. Plans. In order to be approved by the state agency, an area plan shall must be developed by the area agency designated with respect to such area under section 5116, subsection 1, paragraph B and shall must:

A. Provide for the establishment of a coordinated community program for the delivery of social services within the area covered by the plan, including determining the need for social services in such area, taking into consideration, among other things, the number of older persons with low incomes residing in such area, the extent to which existing public or private programs meet such need, evaluating the effectiveness of the use of resources in meeting such need, and entering into agreements with providers of social services in such area, for the provision of such services to meet such need;

B. In accordance with criteria established by the director commissioner by regulation relating to priorities, provide for the initiation, expansion or improvement of social services in the area covered by the area plan;

C. Provide for the establishment and maintenance of information and referral sources in sufficient numbers to assure that all older persons within the planning and service area covered by the plan will have reasonably convenient access to such sources. For purposes of this paragraph, an information and referral source is a location where a public or private agency or organization:

(1) Maintains current information with respect to the opportunities and services available to older persons, and develops current lists of older persons in need of services and opportunities; and

(2) Employs a specially trained staff to inform older persons of the opportunities and services which that are available, and assists these persons to take advantage of these opportunities and services;

D. Provide that the area agency will:

(1) Conduct periodic evaluations of activities carried out pursuant to the area plan;

(2) Render appropriate technical assistance to providers of social services in the planning and service area covered by the area plan;

(3) Where When necessary and feasible, enter into arrangements, consistent with the area plan, under which funds under this Title may be used to provide legal services to older persons in the area carried out through federally assisted programs or other public or nonprofit agencies;

(4) Take into account, in connection with matters of general policy arising in the development and administration of the area plan, the recommendations of older people in need of or served by social services provided under such plan;

(5) Where When possible, enter into arrangements with organizations providing children services so as to provide opportunities for older persons to aid or assist, on a voluntary basis, in the delivery of such services to children; and

(6) Establish an advisory council, which may be the board of directors or a subcommittee thereof, of the area agency consisting of at least 65% older people representatives of the target population and the general public, to advise the area agency on all matters relating to the administration of the plan and operations conducted thereunder.

E. Provide for the use of such methods of administration as are necessary for the proper and efficient administration of the plan;

F. Provide that the area agency will make such reports, in such form and containing such information as the director commissioner may from time to time require, and comply with such requirements as the director commissioner may impose to assure the correctness of these reports;

G. Establish objectives consistent with the purposes of this Title , toward which activities under the plan will be directed, identify obstacles to the attainment of those objectives and indicate how it proposes to overcome those obstacles;

H. Provide that no social service will be directly provided by the state agency or an area agency, except where when, in the judgment of the state agency, provision of that service by the state agency or an area agency is necessary to assure an adequate supply of that service; and

I. Provide that preference shall must be given to persons aged 60 or over for any staff positions, full time full-time or part-time, in area agencies for which these persons qualify.

2. Approval of area plan. The director commissioner shall approve any area plan which he that the commissioner finds fulfills the requirements of subsection 1, paragraphs A to I.

3. Notice and opportunity for hearing. The director shall commissioner may not make a final determination disapproving any area plan, or any modification thereof, or make a final determination that an area agency is ineligible under section 5116, without first affording the area agency reasonable notice and opportunity for a hearing.

4. Findings. Whenever the director, after reasonable notice and opportunity for hearing to the area agency, finds that:

A. The area agency is not eligible under section 5116;

B. The area plan has been so changed that it no longer complies with subsection 1, paragraphs A to I; or

C. In the administration of the plan, there is a failure to comply substantially with any provision of subsection 1, paragraphs A to I, the director commissioner shall notify the area agency that no further payments from its allotments under section 5115 and Section 306 of the federal Older Americans Act of 1965, 42 United States Code, Section 3026 will be made to the agency or, in the director's commissioner's discretion, that further payments to the agency will be limited to projects under or portions of the area plan not affected by the failure, until the director commissioner is satisfied that there will no longer be any failure to comply. Until the director commissioner is so satisfied, further payments may not be made to the agency from its allotments under section 5115, or payments may be limited to projects under or portions of the area plan not affected by the failure. The director commissioner shall, in accordance with rules adopted by the director commissioner, disburse funds so withheld directly to any public or nonprofit private organization or agency of the area, submitting an approved plan in accordance with section 5116. Any payment or payments must be matched in the proportions specified in section 5116.

5. Final action; dissatisfaction. An agency which that is dissatisfied with a final action of the director under subsection 2, 3 or 4 may appeal to the commissioner by filing a petition with the commissioner within 60 days after final action. A copy of the petition shall be forthwith transmitted by the commissioner to the director. The director thereupon shall file with the commissioner the record of the proceedings on which he based his action. Upon the filing of the petition, the commissioner shall have jurisdiction to affirm the action of the director or to set it aside, in whole or in part, temporarily or permanently, but until the filing of the record the director may modify or set aside his order. The findings of the director as to the facts, if supported by substantial evidence, shall be conclusive, but the commissioner, for good cause shown, may remand the case to the director to take further evidence, and the director may thereupon make new or modified findings of fact and may modify his previous action, and shall file with the commissioner the record of the further proceedings. The new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. The judgment of the commissioner affirming or setting aside, in whole or in part, any action of the director shall be is final.

Sec. D-9. 28-A MRSA §10, sub-§2-B is enacted to read:

2-B. Access exception. Notwithstanding subsection 2, there may be access between the 2 licensed areas by the public as provided by this subsection.

A. There may be access between the 2 licensed areas when there is a clear delineation of space, by a wall or permanent barrier that separates the 2 licensed areas and allows only one clearly defined and controlled point of access for patrons between the licensed establishments. The controlled point of access is not required to include a door that must be physically opened and closed.

B. When access between the 2 licensed areas exists for patrons of either establishment, all malt liquor and wine sold for on-premises consumption must be served by an employee of the licensed establishment and may be served only when accompanying a full meal prepared in a separate and complete kitchen on the premises. For the purposes of this paragraph, "full meal" means a diversified selection of food that cannot ordinarily be consumed without the use of tableware and cannot be conveniently consumed while standing or walking.

C. Malt liquor or wine sold or served on the premises may not be transported by a patron or employee of either establishment from one licensed area to another. The licensee shall ensure that easily readable signs are conspicuously posted to inform the public that transfer of alcoholic beverages from one licensed area to another is strictly prohibited.

Sec. D-10. Retroactivity. That section of this Part that enacts the Maine Revised Statutes, Title 28-A, section 10, subsection 2-B applies retroactively to September 30, 2015.

Sec. D-11. PL 2015, c. 267, Pt. OOOO, §7 is amended to read:

Sec. OOOO-7. Application date. This Part applies to sales occurring on or after January 1, 2016 except that the section of this Part that amends the Maine Revised Statutes, Title 36, section 1811, first paragraph, applies to sales occurring on or after July, July 1, 2015 and the sections that enact Title 36, section 1760, subsections 98 and 99 , apply to sales occurring on or after October 1, 2015.

Sec. D-12. Retroactivity. That section of this Part that amends Public Law 2015, chapter 267, Part OOOO, section 7 applies retroactively to June 30, 2015.’

Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.

SUMMARY

This amendment amends the bill to designate the contents of the bill as Part A.

This amendment deletes sections 31 and 51 and includes them in Part D with retroactive application.

Section 6 of the bill is amended to correct the history.

Section 25 of the bill is amended to make the law governing licensed assisted housing programs consistent with the laws governing disqualifying offenses for direct access personnel and direct care workers as provided in Public Law 2015, chapter 299. It makes a grammatical change from "must" to "shall" with regard to conducting comprehensive background checks.

Section 40 of the bill is amended to retain cross-references in the Efficiency Maine Trust statutes to a repealed subsection, identifying the subsection as "former" to ensure that any funds collected under the former law are still available to be used as originally proposed.

Section 47 is amended to correct the history.

Part B contains additional technical corrections. Part B:

1. Corrects a cross-reference to the definition of "tax expenditure" for the purposes of economic development proposals;

2. Repeals Private and Special Law 2013, chapter 23 and enacts the Maine Revised Statutes, Title 30-A, section 4741, subsection 19 in order to correct the misallocation of the Maine State Housing Authority's designation as the entity to administer funds from the National Housing Trust Fund by the federal Housing and Economic Recovery Act of 2008; and

3. Corrects cross-references to the process for adjusting for inflation in the statute concerning modifications in the computation of taxable income of resident individuals.

Part C amends several laws to provide for notification to the appropriate authorities when contingencies occur that affect the effective date or repeal of specific laws. Part C amends the laws concerning:

1. MaineCare benefits suspension for fraud, to require a report if the relevant provisions of the federal Patient Protection and Affordable Care Act are invalidated by the United States Supreme Court;

2. Public Utilities Commission, to require a report when there are no funds remaining in the Spent Nuclear Fuel Disposal Trust Fund;

3. Tri-State Lotto, to require a report if the other Tri-State Lotto states have agreed to limit the pool of numbers;

4. Tri-State Lotto, to require a report if the United States Internal Revenue Service or a court has determined that there are disadvantageous tax implications for prize winners who do not use the periodic payments as collateral;

5. State tax on net operating revenue of hospitals, to require a report of a determination that the tax is not a permissible health care related tax or that all or part of the hospital payments made from the tax are disapproved hospital reimbursements under the State's Medicaid program;

6. Finance Authority of Maine, to require a report that the contingency for increased loan insurance has been met; and

7. Finance Authority of Maine, to require a report that the contingency allowing an increased Economic Recovery Program loan amount has been met.

Part D contains changes that are or may be considered substantive. Part D:

1. Corrects a clerical error that used the term "key employee" when the appropriate term is "key executive" with regard to a person applying for a license from the Gambling Control Board;

2. Corrects a conflict created by Public Law 2015, chapters 90, 127, 136, 245, 281 and 301, which affected the same subsection of law governing hunting licenses, combination licenses and fees, by incorporating the changes made by all 6 laws and corrects an inconsistency created by Public Law 2015, chapter 127, which removed the prohibition against hunting turkey by holders of small game licenses but not against holders of nonresident small game apprenticeship hunter licenses and nonresident 3-day small game hunting licenses. It also corrects a clerical error;

3. Corrects an inconsistency concerning the specific laws governing disqualifying offenses for an unlicensed assistive person who provides direct access services. The Maine Revised Statutes, Title 22, section 1812-J, subsection 7 provides that an employment ban based on a disqualifying offense for an unlicensed assistive person to provide direct access services is a lifetime ban. Title 22, section 9054 provides a process for an unlicensed assistive person who is banned from employment because of a disqualifying offense to request a waiver. Section 3 of this Part corrects this inconsistency by removing the language in Title 22, section 1812-J, subsection 7 that states that an employment ban based on a disqualifying offense is a lifetime employment ban;

4. Removes youth camps from a list of facilities exempted from the laws requiring licensure because youth camps are required to be licensed as youth camps, although they are not required to be licensed as lodging places. It also corrects a clerical error;

5. Changes the laws of the Department of Health and Human Services regarding elder and adult services to remove references to the Director of the Bureau of Elder and Adult Services, a defunct position, and replaces them with references to the Commissioner of Health and Human Services;

6. Restores language concerning a Class A restaurant and off-premises retail licensee on the same premises that was repealed by its own terms before the enactment of the law to eliminate the repeal took effect. Public Law 2015, chapter 162 amended Title 28-A, section 10, subsection 2-A to remove language repealing subsection 2-A on September 30, 2015. Public Law 2015, chapter 162 did not take effect until October 15, 2015, after the repeal took effect. Section 9 of Part D enacts Title 28-A, section 10, subsection 2-B to reflect the intent of the Legislature to maintain the provisions of Title 28-A, section 10, subsection 2-A. This was included as section 31 of the bill. Section 10 of Part D makes that enactment apply retroactively to September 30, 2015; and

8. Corrects clerical errors in Public Law 2015, chapter 267, Part OOOO, section 7 concerning the application date of sales tax exemptions. This was included as section 51 of the bill. Section 12 of Part D makes the corrections apply retroactively to June 30, 2015, the effective date of Public Law 2015, chapter 267.

HP1118 LD 1643	Session - 127th Maine Legislature C "A", Filing Number H-672, Sponsored by		LR 2645 Item 2
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