PUBLIC LAWS
Second Regular Session of the 122nd

CHAPTER 683, PART B

     Sec. B-1. 5 MRSA §1753, sub-§4, as enacted by PL 1993, c. 606, §2, is amended to read:

     4. Owner's representative an allowable cost. For purposes of this section, the owner's representative is a subsidizable cost eligible for subsidy in accordance with Title 20-A, sections 15603 15672 and 15901, only if the local unit pays 50% of the costs of the employment of an owner's representative.

     Sec. B-2. 9-A MRSA §1-301, sub-§22-A, as enacted by PL 2005, c. 164, §1, is amended to read:

     22-A. "Loan officer" means an individual who is employed or retained and supervised by a licensed supervised lender that is not a supervised financial organization, or by a registered credit services organization licensed loan broker, whose primary job responsibilities include direct contact with mortgage applicants and who accepts applications for and originates, negotiates, solicits, arranges for or obtains mortgage loans. "Loan officer" does not include employees who conduct purely administrative or clerical tasks. "Loan officer" does not include a sole proprietor licensed as and acting solely as a supervised lender pursuant to section 2-302, subsection 1 or registered licensed as and acting solely as a credit services organization loan broker pursuant to section 10-201.

     Sec. B-3. 9-A MRSA art. X, as amended, is further amended by repealing the headnote and enacting the following in its place:

Article X
LOAN BROKERS

     Sec. B-4. 9-A MRSA §10-201, as amended by PL 2005, c. 164, §9 and c. 274, §5, is repealed and the following enacted in its place:

§10-201. Licensing and biennial relicensing

     A person desiring to engage or continue in business in this State as a loan broker shall apply to the administrator for a license under this article on or before January 31st of each even-numbered year. The application must be in a form prescribed by the administrator. The administrator may refuse the application if it contains erroneous or incomplete information. At the time of application and on an ongoing basis during the term of any such license, the applicant shall apply to the administrator for registration of all loan officers employed or retained by the applicant. An application for registration as a loan officer must be filed in a manner prescribed by the administrator and include the name, address and work location of the loan officer and such additional information as is reasonably requested by the administrator. An applicant's registration of a loan officer within 90 days of the date that registration would otherwise be required does not constitute a violation of this section. A license may not be issued unless the administrator, upon investigation, finds that the financial responsibility, character and fitness of the applicant and, where applicable, its partners, officers or directors and the character and fitness of its loan officers, warrant belief that the business will be operated honestly and fairly within the purposes of this Title. The administrator may adopt rules requiring that applicants, applicants' partners, officers or directors and employees of applicants satisfy initial and continuing educational requirements. The reasonable costs of meeting such educational requirements are assessed to applicants. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.

     The initial application for a license as a loan broker must include a fee of $400. The biennial relicensing application must include a fee of $200. Initial applicants and biennial relicensing applicants must pay an additional fee of up to $20 for registration of each loan officer, up to a maximum of $200 in total.

     A licensee may conduct business only at or from a place of business for which the licensee holds a license and not under any other name than that on the license.

     A licensed loan broker may conduct business only through a loan officer who possesses a current, valid registration. A loan officer must be registered at the loan officer's principal licensed work location and may then work from any licensed location of the loan broker. The registration of a loan officer is valid only when that person is employed or retained and supervised by a licensed loan broker. When a loan officer ceases to be employed by a licensed loan broker, the loan broker shall promptly notify the administrator in writing.

     Sec. B-5. 9-A MRSA §10-401, first ¶, as amended by PL 2005, c. 164, §10 and c. 274, §14, is repealed and the following enacted in its place:

     Any loan broker or loan officers of any loan broker that violate any provision of this Title or any rule issued by the administrator, or that through any unfair, unconscionable or deceptive practice cause actual damage to a consumer, are subject to the following:

     Sec. B-6. 9-A MRSA §10-401, sub-§4, as amended by PL 2005, c. 164, §11 and c. 274, §14, is repealed and the following enacted in its place:

     4. A civil action by an aggrieved consumer in which that consumer has the right to recover actual damages from the loan broker or its loan officers in an amount determined by the court, plus costs of the action together with reasonable attorney's fees; and

     Sec. B-7. 10 MRSA §9097, sub-§10, as enacted by PL 1989, c. 104, Pt. B, §9 and Pt. C, §10, is amended to read:

     10. Discrimination against tenants with children prohibited. Discrimination against any tenant with children is prohibited in accordance with Title 14 5, section 6027 chapter 337.

     Sec. B-8. 14 MRSA §251, sub-§3, as amended by PL 1979, c. 663, §76, is further amended to read:

     3. Trial by jury. Upon demand, the right to a speedy and public trial by an impartial jury of the county wherein the contempt was allegedly committed. This requirement shall may not be construed to apply to contempts committed in the presence of the court or so near thereto as to interfere directly with the administration of justice or to apply to the misbehavior, misconduct or disobedience of any officer of the court in respect to the writs, orders or process of the court.

     Sec. B-9. 19-A MRSA §1507, sub-§3, as amended by PL 1997, c. 257, §3 and affected by §6, is further amended to read:

     3. Duties. The guardian ad litem has both mandatory and optional duties.

A. A guardian ad litem shall:

(1) Interview the child face-to-face with or without another person present; and
(3) Make a written report of investigations, findings and recommendations as ordered by the court, with copies of the report to each party and the court.

B. The court shall specify the optional duties of the guardian ad litem. The optional duties of the guardian ad litem may include:

(1) Interviewing the parents, teachers and other people who have knowledge of the child or family;
(2) Reviewing mental health, medical and school records of the child;
(3) Reviewing mental health and medical records of the parents;
(4) Having qualified people perform medical and mental evaluations of the child;
(5) Having qualified people perform medical and mental evaluations of the parents;
(6) Procuring counseling for the child;
(7) Retaining an attorney to represent the guardian ad litem in the pending proceeding, with approval of the court;
(8) Subpoenaing witnesses and documents and examining and cross-examining witnesses;
(9) Serving as a contact person between the parents and the child; or
(10) Other duties that the court determines necessary, including, but not limited to, filing pleadings.

If, in order to perform the duties, the guardian as ad litem needs information concerning the child or parents, the court may order the parents to sign an authorization form allowing the release of the necessary information. The guardian ad litem must be allowed access to the child by caretakers of the child, whether the caretakers are individuals, authorized agencies or child care providers.

     Sec. B-10. 20-A MRSA §6651, sub-§4, as amended by PL 1989, c. 414, §16, is further amended to read:

     4. Cost to teachers and other employees. A school administrative unit or private school may offer school-based child care services to teachers and other employees of the unit or private school in accordance with a policy established by the local school board which that establishes the basis for participation. The school administrative unit or private school shall charge a fee for provision of such services which is at least equal to the per-child cost defined in subsection 3.

     Sec. B-11. 20-A MRSA §11805, as amended by PL 1991, c. 824, Pt. A, §36 and repealed by c. 832, §5 and affected by §§13 and 14, is repealed.

     Sec. B-12. 20-A MRSA §15901, sub-§4, as amended by PL 1999, c. 81, §6, is further amended to read:

     4. School construction project. "School construction project" means:

A. On-site additions to existing schools;
B. New schools;
C. The cost of land acquired in conjunction with projects otherwise defined by this subsection;
D. The building of or acquisition of other facilities related to the operation of school administrative units;
E. The complete restoration of existing school buildings in lieu of replacement when in the judgment of the commissioner the action is in the best interest of the State and local unit; and
F. Off-site construction may only be included within the meaning of this term if, in the judgment of the commissioner, it is economically in the best interests of the State or there is no other practical way to complete a project.

"School construction project" does not mean the purchase, lease-purchase or construction of portable temporary classroom space, as defined in section 15603 15672, subsection 19-A 21-B, the lease-purchase of bus garage and maintenance facilities, as defined in section 15603, subsection 6-A or a permanent space lease-purchase project as defined in section 15901, subsection 4-B.

     Sec. B-13. 20-A MRSA §15901, sub-§4-A, as amended by PL 1991, c. 268, §6, is further amended to read:

     4-A. Small scale school construction project. "Small scale school construction project" means a project that will not be eligible for state subsidy and is limited to:

A. New buildings not exceeding 600 square feet in gross area to be utilized solely for storage or custodial work, or both; or
B. On-site additions to existing school buildings not exceeding 600 square feet in gross area.

"Small scale school construction project" does not mean the purchase, lease-purchase or construction of portable temporary classroom space, as defined in section 15603 15672, subsection 19-A 21-B, or the lease-purchase of bus garage and maintenance facilities, as defined in section 15603, subsection 6-A .

     Sec. B-14. 20-A MRSA §15901, sub-§4-B, as enacted by PL 1999, c. 81, §7, is amended to read:

     4-B. Permanent space lease-purchase project. "Permanent space lease-purchase project" means the lease-purchase of permanent administrative space or permanent small nonadministrative or instructional space whose costs are wholly or partially eligible as debt service costs for subsidy purposes under section 15603 15672, subsection 8 2-A, paragraph B, subparagraph (1) or subparagraph (3). "Permanent space lease-purchase project" does not mean the purchase, lease-purchase or construction of portable temporary classroom space, as defined in section 15603 15672, subsection 19-A 21-B, or the lease-purchase of bus garage and maintenance facilities, as defined in section 15603, subsection 6-A .

     Sec. B-15. 20-A MRSA §15904, sub-§6, as enacted by PL 1999, c. 81, §12, is amended to read:

     6. Permanent space lease-purchase projects. A permanent space lease-purchase project, as defined in section 15901, subsection 4-B, whose costs are wholly eligible as debt service costs for subsidy purposes under section 15603 15672, subsection 8 2-A, paragraph B must receive a favorable vote of the legislative body of the school administrative unit. A permanent space lease-purchase project whose lease-purchase costs are not eligible as debt service costs for subsidy purposes under section 15603 15672, subsection 8 2-A, paragraph B must receive a favorable vote of the legislative body conducted in accordance with this section, except that subsection 4 does not apply. The vote may authorize the school board or school committee to enter into a mortgage, security interest or other encumbrance on the permanent space lease-purchase project determined to be necessary for the permanent space lease-purchase project.

     Sec. B-16. 20-A MRSA §15905, sub-§7, as enacted by PL 1997, c. 397, §1, is amended to read:

     7. Interest-only interim local financing. Notwithstanding any provision of law or rule to the contrary, the state board may accelerate the dates on which it grants concept approval and funding approval for a school construction project that has been placed on the special priority list of the state board on the condition that the school administrative unit provide interest-only interim local financing for the project in accordance with this subsection. The period of interest-only interim local financing must be determined by the state board at the time concept approval is granted for a project and must be based on the time difference between the date that final funding approval is expected to be granted on an accelerated basis and the date that final funding approval would have been expected to be granted in the normal course. The period of interim local financing for a project may not exceed 5 years.

Notwithstanding any provision of law or rule to the contrary, a school administrative unit, including a school administrative unit established by private and special law, authorized to issue securities for school construction purposes may issue its securities for school construction purposes on an interest-only basis during a period of interest-only interim local financing approved by the state board in accordance with this subsection. The period of interest-only interim local financing must precede, and be in addition to, the periods for interest payments and principal payments otherwise established pursuant to the school construction rules of the state board. The length of the period of interest-only interim local financing and the length of the debt service schedule otherwise established must be clearly stated on the face of the securities.
The interest-only payments made by a school administrative unit during the period of interim financing must be paid from local funds without state participation and may not be included in the unit's debt service costs for state subsidy purposes under section 15603 15672, subsection 8 2-A. Such interest-only payments during the period of interim local financing may not be considered debt service costs as defined in section 15603 15672, subsection 8 , paragraph A 2-A for purposes of calculating amounts subject to the debt service limit established by this section 15905, subsection 1, paragraph A.
The referendum question that is submitted to the voters for a project subject to interest-only interim local financing under this subsection must include, in addition to the information required by section 15904, an informational statement that sets forth the length of the period of interest-only interim financing established by the state board, an estimate of the annual interest cost during the period of interest-only interim local financing and a statement that the interest-only payments during the period of interim local financing is not eligible for inclusion in the debt service allocation of the school administrative unit for purposes of calculating state school construction subsidy to the unit.
The maximum period that securities for a school construction project may be outstanding under any applicable statute or rule must be extended by the length of the period of interest-only interim local financing approved by the state board under this subsection.
If the voters of a school administrative unit do not vote to approve a school construction project subject to interest-only interim local financing under this subsection, the unit's school construction project remains eligible for concept and funding approval from the state board at the time that the project would be eligible for such approval without interest-only interim location funding.

     Sec. B-17. 22 MRSA §2700-A, sub-§4, as amended by PL 2005, c. 589, §2, is further amended to read:

     4. Fees. Beginning April 1, 2006, each manufacturer of prescription drugs that are provided to Maine residents through the MaineCare program under section 3174-G or the elderly low-cost drug program under section 254 254-D shall pay a fee of $1,000 per calendar year to the State. Fees collected under this subsection must be used to cover the cost of overseeing implementation of this section, including but not limited to maintaining links to publicly accessible websites to which manufacturers are posting clinical trial information under subsection 3 and other relevant sites, assessing whether and the extent to which Maine residents have been harmed by the use of a particular drug and undertaking the public education initiative under subsection 5. Revenues received under this subsection must be deposited into an Other Special Revenue Funds account to be used for the purposes of this subsection.

     Sec. B-18. 22 MRSA §7703, sub-§4, ¶F, as enacted by PL 1983, c. 691, §2, is amended to read:

F. The Protection and Advocacy Agency for the Developmentally Disabled in Maine in connection with investigations conducted in accordance with Title 5, chapter 961 511. The determination of what information and records are relevant to the investigation shall must be made by agreement between the department and the agency; and

     Sec. B-19. 24-A MRSA §3703, sub-§5, as amended by PL 1997, c. 661, §5, is further amended to read:

     5. Composition of the board. The board consists of up to 9 members. Six members must be officers, directors, employees, partners or members of policyholders who purchase workers' compensation coverage from the Maine Employers' Mutual Insurance Company. Two members must be persons who represent the public interest of the company and must be appointed by the Governor within 30 days after a new board member is authorized or a vacancy occurs, subject to review and comment by the joint standing committee of the Legislature having jurisdiction over banking and insurance matters. The designated committee shall complete its review within 15 days of the Governor's written notice of appointment. If the designated committee fails to act within the required 15 days, then the appointees put forward by the Governor become the required board members. One member must be an at-large policyholder member elected by the board. The remaining board member is the president and chief executive officer who shall serve on the board of directors while employed as president and chief executive officer. The reduction in the number of board members from 13 to 9 must be done by attrition. The first 4 appointments to expire after September 1, 1998 may not be filled.

A member of the board may not be a lobbyist required to be registered with the Secretary of State Commission on Governmental Ethics and Election Practices, a service provider to the workers' compensation system or a representative of a service provider to the workers' compensation system.

     Sec. B-20. 24-A MRSA §6908, sub-§12, as enacted by PL 2005, c. 400, Pt. A, §5, is reallocated to 24-A MRSA §6908, sub-§13.

     Sec. B-21. 28-A MRSA §1551, sub-§3, ¶F, as amended by PL 2005, c. 377, §2, is further amended to read:

F. Maine farm Farm winery, includes bottling (one year).................................................$50;

     Sec. B-22. 28-A MRSA §2077-A, as amended by PL 1997, c. 373, §§157 and 158 and repealed by c. 501, §5, is repealed.

     Sec. B-23. 29-A MRSA §2413, sub-§3, as amended by PL 2005, c. 12, Pt. JJ, §2 and c. 441, §2, is repealed and the following enacted in its place:

     3. Penalties. In addition to any other penalty, the court shall suspend the driver's license of a person convicted under subsection 1 for not less than 30 days nor more than 180 days, which minimum may not be suspended. In addition to any other penalty, the court shall suspend the driver's license of a person convicted under subsection 1-A for not less than 180 days nor more than 2 years, which minimum may not be suspended. If the court fails to suspend the license, the Secretary of State shall impose the minimum period of suspension. The court shall impose a sentencing alternative that involves a fine of not less than $575, which may not be suspended.

     Sec. B-24. 30-A MRSA §5703, sub-§2, ¶B, as amended by PL 1989, c. 700, Pt. A, §129, is further amended to read:

B. For school construction projects approved by the State Board of Education after July 1, 1985, by multiplying the outstanding amount of each issue of debt incurred for school purposes by the municipality in connection with a project which that qualifies for state school construction subsidy under Title 20-A and the state share percentage of operating costs for that municipality as defined in Title 20-A, section 15609 15672, subsection 1, paragraph A 31, subparagraph (1), for the year in which the project received concept approval from the State Board of Education.

(1) The certificate of the Commissioner of Education that a project qualifies for state school construction aid and as to the state share percentage of operating costs for that municipality as defined in Title 20-A, section 15609 15672, subsection 1, paragraph A, subparagraph (1) 31, for the year in which the project received concept approval shall be is conclusive evidence of the facts stated therein.

     Sec. B-25. 34-A MRSA §1402, sub-§4, ¶A, as enacted by PL 1983, c. 459, §6 and amended by PL 2005, c. 397, Pt. D, §3, is further amended to read:

A. The commissioner shall establish and maintain suitable courses for career and technical education in the correctional facilities.

(1) The commissioner shall install equipment necessary to carry out this duty.
(2) The commissioner shall employ suitable and qualified instructors necessary to carry out this duty, subject to the approval of the Associate Commissioner of the Bureau of Vocational Education Department of Education.

     Sec. B-26. 34-A MRSA §3001-A is enacted to read:

§3001-A. Boards of visitors

     1. Appointment. The Governor shall appoint a board of 5 visitors for each correctional facility under the department, as authorized by Title 5, section 12004-I, subsection 5.

A. The terms of the members of the boards of visitors are for 3 years.
B. Members of the boards of visitors are eligible for reappointment at the expiration of their terms.
C. A member of the Legislature or an employee of the department may not serve on any board of visitors.
D. At least one member of each board must be a person licensed by this State to provide mental health services.
E. Each member of the boards of visitors must be compensated according to the provisions of Title 5, chapter 379.
F. The Governor shall appoint a chair from the membership.

     2. Duties. Boards of visitors have the following duties.

A. Each board of visitors shall inspect the correctional facility to which it is assigned. Each board of visitors must be provided open access to all physical areas of the correctional facility, including access to areas housing clients. Each board of visitors must be provided the opportunity to speak to clients and to staff. Members of the board shall comply with all departmental policies and procedures and facility security practices regarding access to the correctional facility, shall adhere to all federal and state law regarding confidentiality and shall refer concerns or complaints regarding specific individuals to the chief administrative officer or advocate.
B. Each board of visitors shall review the management of the correctional facility to which it is assigned to determine whether that management is consistent with the philosophy, mission and policy goals of the department and facility. Each board of visitors shall prepare an annual report including its recommendations and shall provide copies of its report to the chief administrative officer of the facility, the commissioner and the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters. The commissioner shall provide copies with the department's response to the reports to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters within one month of receiving the annual reports.
C. Each board of visitors shall appear before the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters upon request.
D. Boards of visitors shall meet regularly and at least 4 times a year. At each meeting, a board of visitors may request and must receive information from the chief administrative officer as the board determines will assist in the review of the management of the facility. To the extent that a board of visitors is not discussing matters made confidential by federal or state law, meetings of boards are public proceedings and must be conducted in accordance with Title 1, section 403. Boards of visitors may meet jointly.
E. Each board of visitors shall share copies of that board's annual report with the other boards.

     3. Visit to correctional facilities and communications with clients and staff. A member of a board of visitors may visit the correctional facility to which that board is assigned and may speak with clients and with staff. The member shall comply with all departmental policies and procedures and facility security practices regarding access to the correctional facility, shall adhere to all federal and state law regarding confidentiality and shall refer concerns or complaints regarding specific individuals to the chief administrative officer or advocate.

     4. Volunteer activities. Volunteer activities of a member of a board of visitors may be proscribed by departmental policies regarding volunteer activities generally.

     Sec. B-27. 34-A MRSA §3002, as amended by PL 2005, c. 488, §10, is repealed.

     Sec. B-28. 34-A MRSA §11222, sub-§1-A, ¶A, as amended by PL 2005, c. 423, §14, is further amended to read:

A. If the registrant is sentenced to a wholly suspended sentence with probation or administrative release, or to a punishment alternative not involving imprisonment, the duty to register is triggered at the time the person commences an in actual execution of the wholly suspended sentence or at the time of sentence imposition when no punishment alternative involving imprisonment is imposed, unless the court orders a stay of execution, in which event the duty is triggered by the termination of the stay.

     Sec. B-29. 34-B MRSA §1409, sub-§1, ¶C, as amended by PL 2005, c. 256, §2 and repealed by c. 457, Pt. NN, §4 and affected by §8, is repealed.

     Sec. B-30. 34-B MRSA §1409, sub-§1, ¶D is enacted to read:

D. "State institution," for purposes of this section and this section only, includes the Homestead facility.

     Sec. B-31. 36 MRSA §2908, as amended by PL 2005, c. 260, §1 and repealed and replaced by c. 332, §16, is repealed and the following enacted in its place:

§2908. Refund of tax in certain cases; time limit

     A person who purchases and uses internal combustion engine fuel for any commercial use other than in the operation of a registered motor vehicle on the highways of this State or, except as provided in section 2910, in the operation of an aircraft and who has paid the tax imposed by this chapter on that fuel is entitled to reimbursement in the amount of the tax paid, less 1¢ per gallon, upon presenting to the State Tax Assessor a sworn statement accompanied by the original invoices or other evidence as the assessor may require. The statement must show the total amount of internal combustion engine fuel so purchased and used by that person for a commercial use other than in the operation of registered motor vehicles on the highways of this State or in the operation of aircraft.

     A refund application on a form prescribed by the State Tax Assessor must be filed to claim a refund pursuant to this section. Interest must be paid at the rate determined pursuant to section 186, calculated from the date of receipt of the monthly claim, for all proper claims not paid within 30 days of receipt. Applications for refunds must be filed with the assessor within 12 months from the date of purchase.

     All fuel that qualifies for a refund under this section is subject to the use tax imposed by chapter 215.

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