Sec. B-1. 5 MRSA §13076, sub-§3, ¶F, as enacted by PL 1999, c. 592, §1, is repealed.
Sec. B-2. 5 MRSA §13122-J, first ¶, as amended by PL 1999, c. 731, Pt. XXX, §1 and c. 790, Pt. F, §1 and affected by §2, is repealed and the following enacted in its place:
The foundation shall develop and submit to the Governor and the Legislature by July 1, 2006 and on July 1st every 5 years thereafter an evaluation of state investments in research and development. The evaluation must:
Sec. B-3. Retroactivity. That section of this Part that repeals and replaces the Maine Revised Statutes, Title 5, section 13122-J, first paragraph applies retroactively to June 4, 1999.
Sec. B-4. 11 MRSA §9-1331, sub-§(1), as enacted by PL 1999, c. 699, Pt. A, §2 and affected by §4, is amended to read:
(1) This Article does not limit the rights of a holder in due course of a negotiable instrument, a holder to which a negotiable document of title has been duly negotiated or a protected purchaser of a security. These holders or purchasers take priority over an earlier security interest, even if perfected, to the extent provided in Articles 3 3-A, 7 and 8.
Sec. B-5. Effective date. That section of this Part that amends the Maine Revised Statutes, Title 11, section 9-1331, subsection (1) takes effect July 1, 2001.
Sec. B-6. 12 MRSA §544, sub-§3, ¶F is enacted to read:
F. The Natural Areas Program shall maintain a database of areas designated as ecological reserves as defined in section 1801, subsection 4-A and other public lands designated and managed for equivalent purposes and shall provide scientific review of areas on state land proposed as ecological reserves.
Sec. B-7.B-7. 13-A MRSA §525, as repealed and replaced by PL 1977, c. 707, §4, is amended to read:
All unclaimed dividends or other distributions to share holders shareholders declared by a corporation shall must be disposed of according to Title 33, chapter 27 41.
Sec. B-8.B-8. 13-A MRSA §1121, first ¶, as repealed and replaced by PL 1977, c. 707, §5, is amended to read:
Upon the voluntary or involuntary dissolution of a corporation, the portion of the assets distributable to a creditor or shareholder shall must be disposed of according to Title 33, chapter 27 41, whenever the creditor or shareholder is one who:
Sec. B-9. 17-A MRSA §210-A, sub-§1, ¶C, as enacted by PL 2001, c. 383, §12 and affected by §156, is amended to read:
C. The actor violates paragraph A and has 2 or more prior convictions and the actor intentionally or knowingly engages in a course of conduct directed at a specific person that would in fact cause both a reasonable person and that specific person:.
(1) To suffer intimidation or serious inconvenience, annoyance or alarm;
(2) To fear bodily injury or to fear bodily injury to a member of that person's immediate family; or
(3) To fear death or to fear the death of a member of that person's immediate family.
Violation of this paragraph is a Class C crime. The court shall impose a sentencing alternative involving a term of imprisonment of at least 6 months, of which 14 days may not be suspended, and may order the person to attend an abuser education program approved by the court.
For the purposes of this paragraph, "prior conviction" means a conviction for a violation of this section; Title 5, section 4659; Title 15, section 321; former Title 19, section 769; Title 19-A, section 4011; any other temporary, emergency, interim or final protective order; an order of a tribal court of the Passamaquoddy Tribe or the Penobscot Nation; any similar order issued by any court of the United States or of any other state, territory, commonwealth or tribe; or a court-approved consent agreement. Section 9-A governs the use of prior convictions when determining a sentence.
Sec. B-10. Effective date. That section of this Part that amends the Maine Revised Statutes, Title 17-A, section 210-A, subsection 1, paragraph C takes effect January 1, 2003.
Sec. B-11. 20-A MRSA §12301, sub-§4, as enacted by PL 1999, c. 401, Pt. NN, §2 and affected by §4 and enacted by c. 496, §2, is repealed and the following enacted in its place:
4. Underserved population area. "Underserved population area" means a population group or geographical area receiving insufficient oral health care, as determined by the Commissioner of Human Services and as defined in rules adopted by the Department of Human Services pursuant to section 12305. The rules must take into consideration factors that include, but are not limited to, family income levels, availability of dental care and percentage of families qualifying for Medicaid coverage.
Sec. B-12. 20-A MRSA §12304, sub-§2, ¶A, as enacted by PL 1999, c. 401, Pt. NN, §2 and affected by §4 and enacted by c. 496, §2, is repealed and the following enacted in its place:
A. Ten voting members appointed by the President of the Senate and the Speaker of the House as follows:
(1) One member appointed by the Speaker who represents a major statewide organization representing dentists;
(2) One member appointed by the Speaker who represents a major statewide coalition dedicated to issues concerning ambulatory care;
(3) One member appointed by the Speaker who represents a major statewide alliance dedicated to children's issues;
(4) One member appointed by the Speaker who represents the Department of Human Services, Bureau of Health, Oral Health Program;
(5) Two members of the House of Representatives appointed by the Speaker;
(6) One member appointed by the President who represents a major statewide organization of consumers dedicated to the cause of affordable health care;
(7) One member appointed by the President who represents a major statewide organization dedicated to ensuring equal justice;
(8) One member appointed by the President who represents the Department of Human Services, Bureau of Medical Services; and
(9) One Senator appointed by the President.
The chief executive officer may submit recommendations for appointees under this paragraph to the President of the Senate and the Speaker of the House; and
Sec. B-13. 24-A MRSA §1127, sub-§2, as enacted by PL 1979, c. 458, §11, is amended to read:
2. In addition to investments otherwise permitted under this chapter, an insurer may invest in obligations, other than those of institutions as defined in section 1110, subsection 1 1-A, paragraph B H, which are secured by:
A. An assignment of a right to receive rental, charter, hire, purchase or other payments for the use or purchase of real or personal property adquate adequate to return the investments and payable or guaranteed by one or more governmental units or instrumentalities, whose obligations would qualify for investment under section 1107 or section 1108, or by one or more institutions whose obligations would qualify for investment under section 1109. The aggregate amount of investments made or acquired under this subsection shall may not exceed 2% of an insurer's total admitted assets; and
B. A mortgage or a security interest in that real or personal property.
Sec. B-14. 28-A MRSA §124, sub-§1, ¶¶A and B, as amended by PL 1997, c. 373, §31, are further amended to read:
A. A majority of the votes cast in any municipality or unincorporated place on any local option question is in the affirmative, the bureau may issue licenses of the type authorized by the affirmative vote in that municipality or unincorporated place;
B. A majority of the votes cast in any municipality or unincorporated place on any local option question is in the negative, the bureau may not issue licenses of the type denied by the negative vote in that municipality or unincorporated place; or
Sec. B-15. 28-A MRSA §124, sub-§4, as amended by PL 1991, c. 95, §5, is further amended to read:
4. Repeal or reconsideration. When a municipality or unincorporated place has voted to accept or reject any local option question, the vote is effective until repealed by a new petition and vote as required by section 121 or 122. A negative vote on a question repeals existing privileges only if the petition clearly indicates an intent that it do so. No local option vote may be taken on the same question more than once in any one-year period.
Sec. B-16. 30-A MRSA §862, first ¶, as amended by PL 2001, c. 170, §2, is further amended to read:
In Kennebec County there is established the Kennebec County Budget Committee to carry out the purposes of this article. The budget committee consists of 9 elected or appointed municipal officials and a subcommittee of 6 nonvoting members of the county legislative delegation or their designees as provided in this section.
Sec. B-17. 30-A MRSA §862, sub-§1, as amended by PL 2001, c. 170, §2 and repealed and replaced by c. 172, §1, is repealed and the following enacted in its place:
1. Municipal representatives. Prior to September 15th each year, municipal officers within each commissioner district shall caucus and elect members from that district for terms as provided in paragraph A. There must be 3 members from each commissioner district, 2 of whom are municipal officers and one of whom may be a municipal official who is not a municipal officer as defined in section 2001. No more than one member may represent the same municipality at one time.
A. Members serve for 3-year terms, except that initially each district caucus selects one member for a one-year term, one member for a 2-year term and one member for a 3-year term. If a budget committee member ceases to be a municipal officer or official during the term of membership, that member shall resign the membership and the next district caucus shall elect a qualified municipal officer or official to fill the membership for the remainder of the unexpired term.
Sec. B-18. Effective date. Those sections of this Part that amend the Maine Revised Statutes, Title 30-A, section 862 take effect 90 days after the adjournment of the First Regular Session of the 120th Legislature.
Sec. B-19. PL 2001, c. 358, Pt. DD, §3, first 4 lines are amended to read:
Sec. DD-3. Allocation. The following funds are allocated from the Federal Expenditures Fund to carry out the purposes of this Part.
2001-022000-012002-032001-022003-042002-03
Sec. B-20. Retroactivity. That section of this Part that amends Public Law 2001, chapter 358, Part DD, section 3 applies retroactively to June 4, 2001.
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