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PUBLIC LAWS OF MAINE
Second Special Session of the 121st

PART A

     Sec. A-1. 5 MRSA §7-B, as amended by PL 1999, c. 155, Pt. A, §1, is further amended to read:

§7-B. Use of state vehicles for commuting

     A state-owned or state-leased vehicle may not be used by any employee to commute between home and work, except for those vehicles authorized and assigned to employees of the Baxter State Park Authority and to law enforcement officials within the following organizational units: Bureau of State Police; Maine Drug Enforcement Agency; Office of the State Fire Marshal; Bureau of Liquor Enforcement the division within the Department of Public Safety designated by the Commissioner of Public Safety to enforce the law relating to the manufacture, importation, storage, transportation and sale of all liquor and to administer those laws relating to licensing and collection of taxes on malt liquor and wine; Bureau of Motor Vehicles; Bureau of Marine Patrol; Bureau of Forestry, Division of Forest Protection; Bureau of Warden Service; and Bureau of Parks and Lands.

     Sec. A-2. 5 MRSA §13083-C, sub-§1, ¶C, as enacted by PL 2001, c. 568, §1, is amended to read:

     Sec. A-3. 5 MRSA §13120-G, sub-§2, as enacted by PL 2001, c. 703, §6, is amended to read:

     2. Authority for transfers of interest in land to authority. Notwithstanding any other provision of law, upon the authority's request, on reasonable and fair terms and conditions and without the necessity for advertisement, order of court or action or formality other than the regular and formal action of the authorities concerned, counties, municipalities, public agencies or instrumentalities of the State, public service corporations and special districts may lease, lend, grant or convey to the authority real or personal property or rights in that property that may be necessary or convenient for the effectuation of the authorized purposes of the authority, including real and personal property or rights in that property already devoted to public use. As used in this subsection, the term "public service corporation" includes a public utility as defined in Title 35-A, section 102, subsection 13 and a corporation as defined in Title 13-A 13-C.

     Sec. A-4. 5 MRSA §17001, sub-§40, as amended by PL 2001, c. 239, §2 and affected by §5 and amended by c. 374, §4 and amended by PL 2003, c. 20, Pt. OO, §2 and affected by §4, is repealed and the following enacted in its place:

     40. State employee. "State employee" means any regular classified or unclassified officer or employee in a department, any employee of the Maine Community College System except those who make the election provided under Title 20-A, section 12722, any employee of the Governor Baxter School for the Deaf except as provided in Title 20-A, section 7407, subsection 3-A, any employee of the Maine Military Authority, any employee of the Northern New England Passenger Rail Authority and any employee transferred from the Division of Higher Education Services to the Finance Authority of Maine who elects to be treated as a state employee, but does not include:

     Sec. A-5. 7 MRSA §1333, sub-§1, ¶B, as enacted by PL 2003, c. 386, §6, is amended to read:

     Sec. A-6. 7 MRSA §1333, sub-§§3 to 6, as enacted by PL 2003, c. 386, §6, are amended to read:

     3. Inspection. The commissioner or commissioner's designee shall conduct an inspection of an applicant's premises before the initial issuance or renewal of a license under subsection 3 2 or at any time during the pendency of a license under subsection 3 2 if the department believes the license holder is not in compliance with the provisions of this Part.

     4. Renewal. If an inspection for a renewal of a license under subsection 3 2 reveals a discrepancy, the inspector shall note the discrepancy on an inspection form. The commissioner may issue a temporary license under subsection 3 2 and give the license holder a reasonable amount of time to correct the discrepancy. Upon a subsequent inspection of the premises of a temporary license holder under this subsection, the commissioner shall renew the license under subsection 3 2 if the license holder has corrected all of the discrepancies noted on the inspection form from the prior inspection.

     5. Penalties. Any person engaged in the business of propagating, possessing, buying or selling cervids without a license under subsection 3 2 commits a civil violation for which a fine not to exceed $100 per day for each violation may be adjudged, except that the total of the fines may not exceed $25,000.

     6. Records. A holder of a license issued pursuant to subsection 3 2 shall maintain records that include the date and location of birth and the date of death or departure of each cervid in the license holder's herd.

     Sec. A-7. 7 MRSA §4209, as amended by PL 2003, c. 283, §4 and repealed by c. 452, Pt. B, §29 and affected by Pt. X, §2, is repealed.

     Sec. A-8. Effective date. That section of this Act that repeals the Maine Revised Statutes, Title 7, section 4209 takes effect July 1, 2004.

     Sec. A-9. 9 MRSA §2301, as amended by PL 1987, c. 769, Pt. A, §38, is further amended to read:

§2301. Industrial loan companies

     All corporations chartered and doing business as "industrial loan companies" pursuant to this section and former sections 2302, 2303, 2341 to 2345 and 2381 and 2382 and which that were not accepting certificates of investment prior to June 1, 1967 are hereby made corporations organized under Title 13-A 13-C and such "industrial loan companies" shall be are subject to Title 9-A to the extent that the activities of such companies are within the provisions of Title 9-A.

     Sec. A-10. 9 MRSA §3201, as amended by PL 1999, c. 127, Pt. A, §17, is further amended to read:

§3201. Loan companies

     All corporations chartered and doing business as "loan companies" pursuant to sections 3201 to 3210 as repealed on June 2, 1975 are hereby made corporations organized under Title 13-A 13-C and such "loan companies" are subject to Title 9-A to the extent that the activities of these companies are within the provisions of Title 9-A.

     Sec. A-11. 15 MRSA §3003, sub-§14-B, ¶B, as amended by PL 2003, c. 180, §2 and c. 410, §4, is repealed and the following enacted in its place:

     Sec. A-12. 15 MRSA §3103, sub-§1, ¶G, as amended by PL 2003, c. 305, §3 and c. 410, §6, is repealed and the following enacted in its place:

     Sec. A-13. 17-A MRSA c. 49, as amended, is further amended by repealing the chapter headnote and enacting the following in its place:

CHAPTER 49
PROBATION

     Sec. A-14. 17-A MRSA §1252, sub-§4-A, as amended by PL 2003, c. 143, §9 and c. 475, §1, is repealed and the following enacted in its place:

     4-A. If the State pleads and proves that, at the time any crime, excluding murder, under chapter 9, 11, 13 or 27 or section 402-A, subsection 1, paragraph A was committed, the defendant had been convicted of 2 or more crimes violating chapter 9, 11, 13 or 27 or section 402-A, subsection 1, paragraph A or essentially similar crimes in other jurisdictions, the sentencing class for the crime is one class higher than it would otherwise be. In the case of a Class A crime, the sentencing class is not increased, but the prior record must be given serious consideration by the court when imposing a sentence. Section 9-A governs the use of prior convictions when determining a sentence, except that, for the purposes of this subsection, for violations under chapter 11, the dates of prior convictions may have occurred at any time. This subsection does not apply to section 210-A if the prior convictions have already served to enhance the sentencing class under section 210-A, subsection 1, paragraph C.

     Sec. A-15. 20-A MRSA §10006, sub-§5, ¶A, as enacted by PL 1999, c. 511, §1 and amended by PL 2003, c. 20, Pt. OO, §2 and affected by §4, is further amended to read:

     Sec. A-16. 20-A MRSA §15602, sub-§18, ¶A, as enacted by PL 2003, c. 20, Pt. C, §2, is amended to read:

     Sec. A-17. 20-A MRSA §15602, sub-§19, ¶A, as enacted by PL 2003, c. 20, Pt. C, §2, is amended to read:

     Sec. A-18. 20-A MRSA §15604, sub-§1, ¶C, as amended by PL 1997, c. 326, §3, is further amended to read:

     Sec. A-19. 20-A MRSA §15607, sub-§3, ¶A, as enacted by PL 1999, c. 401, Pt. GG, §3, is amended to read:

     Sec. A-20. 20-A MRSA §15610, sub-§1, ¶C, as amended by PL 1989, c. 875, Pt. E, §29, is further amended to read:

     Sec. A-21. 21-A MRSA §1125, sub-§8, ¶C, as amended by PL 2003, c. 453, §1, is further amended to read:

     Sec. A-22. 21-A MRSA §1125, sub-§9, as amended by PL 2003, c. 448, §5 and c. 453, §2, is repealed and the following enacted in its place:

     9. Matching funds. When any campaign, finance or election report shows that the sum of a candidate's expenditures or obligations, or funds raised or borrowed, whichever is greater, alone or in conjunction with independent expenditures reported under section 1019-B, exceeds the distribution amount under subsection 8, the commission shall issue immediately to any opposing Maine Clean Election Act candidate an additional amount equivalent to the reported excess. Matching funds are limited to 2 times the amount originally distributed under subsection 8, paragraph A, C, E or F, whichever is applicable.

     Sec. A-23. 21-A MRSA §1204, sub-§55, ¶A, as repealed by PL 2003, c. 44, §1 and amended by c. 62, §2 and affected by §§5 and 6, is repealed.

     Sec. A-24. 21-A MRSA §1204-A, sub-§61, ¶A, as enacted by PL 2003, c. 289, §1, is amended to read:

     Sec. A-25. 25 MRSA §2801-B, sub-§1, ¶H, as amended by PL 2003, c. 400, §3, is further amended to read:

     Sec. A-26. 25 MRSA §2801-B, sub-§1, ¶I, as amended by PL 2003, c. 400, §3, is repealed.

     Sec. A-27. 26 MRSA §833, sub-§1, ¶D, as amended by PL 2003, c. 306, §1 and c. 357, §1, is repealed and the following enacted in its place:

     Sec. A-28. 27 MRSA c. 2, sub-c. 3, as amended, is reallocated to 27 MRSA c. 1, sub-c. 4.

     Sec. A-29. 27 MRSA §94, as enacted by PL 1985, c. 754, §1, is reallocated to 27 MRSA §71.

     Sec. A-30. 27 MRSA §95, as amended by PL 1989, c. 700, Pt. B, §23, is reallocated to 27 MRSA §72.

     Sec. A-31. 29-A MRSA §525, sub-§9, as repealed by PL 2003, c. 434, §10 and affected by §37 and repealed and replaced by c. 452, Pt. Q, §7 and affected by Pt. X, §2, is repealed.

     Sec. A-32. 29-A MRSA §525, sub-§9-A, as enacted by PL 2003, c. 434, §10 and affected by §37, is repealed and the following enacted in its place:

     9-A. Violation. The following penalties apply to violations of this section.

An owner or operator stopped for violating this section and against whom enforcement action has been taken does not commit a subsequent violation of this section involving the same vehicle until after the close of business on the next business day following the date of the violation.
The court shall impose a fine of at least $250, which may not be suspended.
Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.

     Sec. A-33. Effective date. Those sections of this Act that repeal the Maine Revised Statutes, Title 29-A, section 525, subsection 9 and repeal and replace Title 29-A, section 525, subsection 9-A take effect July 1, 2004.

     Sec. A-34. 29-A MRSA §1752, sub-§9, as amended by PL 2003, c. 125, §3 and c. 397, §6, is repealed and the following enacted in its place:

     9. Registered in this State. A motor vehicle registered in this State displaying a valid certificate of inspection from another state or a federally approved commercial vehicle inspection program until its normal expiration;

     Sec. A-35. 29-A MRSA §2251, sub-§3, ¶A, as amended by PL 2003, c. 340, §9 and c. 434, §23 and affected by §37, is repealed and the following enacted in its place:

     Sec. A-36. 29-A MRSA §2251, sub-§4, ¶B, as amended by PL 2003, c. 340, §10 and c. 434, §24 and affected by §37, is repealed and the following enacted in its place:

     Sec. A-37. 32 MRSA §3501, sub-§2, ¶B, as amended by PL 1999, c. 386, Pt. L, §6, is further amended to read:

     Sec. A-38. 32 MRSA §3501, sub-§2-B, as amended by PL 2003, c. 250, Pt. B, §2, is further amended to read:

     2-B. Journeyman-in-training. The board may issue a journeyman-in-training license to a person who provides satisfactory evidence of completion of a plumbing course consisting of one year or 2 semesters at a board-approved technical college or community college and who submits the required fee set under section 3501-B. A journeyman-in-training license is valid for a single nonrenewable period of 4 years and may be issued only once to any individual.

     Sec. A-39. 32 MRSA §13787-A, sub-§3, ¶A, as enacted by PL 1993, c. 394, §2, is amended to read:

     Sec. A-40. 36 MRSA §5122, sub-§1, ¶S, as enacted by PL 2003, c. 20, Pt. II, §2, is amended to read:

     Sec. A-41. 36 MRSA §5122, sub-§1, ¶¶T and U, as repealed by PL 2003, c. 451, Pt. E, §6 and amended by c. 451, Pt. II, §1, are repealed.

     Sec. A-42. 37-B MRSA §264, sub-§3, ¶I, as amended by PL 2003, c. 342, §3 and c. 404, §4, is repealed and the following enacted in its place:

     Sec. A-43. 38 MRSA §480-F, sub-§1, ¶F, as repealed and replaced by PL 1997, c. 364, §19, is amended to read:

     Sec. A-44. PL 2003, c. 20, Pt. R, §4, amending clause is amended to read:

     Sec. R-4. 4 MRSA §1057-A, as amended by PL 2001, c. 617, §3 and c. 698, §3 and affected by §7, is repealed.

     Sec. A-45. PL 2003, c. 182, §1, amending clause is amended to read:

     Sec. 1. 15 MRSA §1702, as amended by PL 1987, c. 737, Pt. C, §§29 and 106 and PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is repealed and the following enacted in its place:

     Sec. A-46. PL 2003, c. 288, §2 is amended to read:

     Sec. 2. 30-A MRSA §5953-D, sub-§3, ¶¶D and E ¶D, as repealed and replaced by PL 2001, c. 667, Pt. A, §49, is amended to read:

     Sec. 2-A. 30-A MRSA §5953-D, sub-§3, ¶E, as enacted by PL 1999, c. 776, §13, is amended to read:

     Sec. A-47. PL 2003, c. 434, §1, amending clause is amended to read:

     Sec. 1. 10 MRSA §1171-B, sub-§1, ¶¶A, B and D, as enacted by PL 1987 1997, c. 521, §5, are amended to read:

     Sec. A-48. PL 2003, c. 452, Pt. Q, §70, amending clause is amended to read:

     Sec. Q-70. 29-A MRSA §2380, sub-§3, as repealed and replaced by PL 1999 1995, c. 78, §1, is amended to read:

     Sec. A-49. P&SL 2003, c. 19, Pt. A, §1, amending clause is amended to read:

     Sec. A-1. P&SL 1947, c. 77, §2, as enacted repealed and replaced by P&SL 1981, c. 103, is amended to read:

     Sec. A-50. P&SL 2003, c. 19, Pt. B, §1, amending clause is amended to read:

     Sec. B-1. P&SL 1947, c. 77, §11, as enacted repealed and replaced by P&SL 1981, c. 103, is repealed and the following enacted in its place:

     Sec. A-51. Resolve 1999, c. 56, §7-A is enacted to read:

     Sec. 7-A. Proceeds from sale of Kennebec Arsenal property. Resolved: That any proceeds from the sale of the Kennebec Arsenal property must be deposited in the Maine State Housing Authority's Housing Opportunities for Maine Fund established in the Maine Revised Statutes, Title 30-A, section 4853; and be it further

     Sec. A-52. Resolve 2003, c. 91, §2 is repealed.

     Sec. A-53. RR 2003, c. 1, §33, amending clause is amended to read:

     Sec. 33. 32 MRSA §1228 12228, sub-§4, as amended by PL 2003, c. 204, Pt. E, §1, is corrected to read:

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