Chapter 695
H.P. 1615 - L.D. 2252
PART C
Sec. C-1. 1 MRSA §409, sub-§2,  as enacted by PL 1975, c. 758, is amended to read:
2. Actions.
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If any body or agency approves any ordinances, orders, rules, resolutions, regulations, contracts, appointments or other official action in an executive session, this action shall be is illegal and the officials responsibile shall be responsible are subject to the penalties hereinafter provided. Upon learning of any such action, any person may appeal to any Superior Court in the State. If a court, after a trial de novo, determines this action was taken illegally in an executive session, it shall enter an order providing for the action to be null and void. Appeals shall be are privileged in respect to their assignment for trial over all other actions except writs of habeas corpus or actions brought by the State against individuals.
Sec. C-2. 12 MRSA §6071, sub-§1,  as amended by PL 1999, c. 401, Pt. BB, §3, is further amended to read:
1. Live importing for introduction into coastal waters.
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Except for Atlantic salmon imported by the Atlantic Salmon Commission under Part 12 9, it is unlawful to import for introduction, possess for purposes of introduction or introduce into coastal waters a live marine organism without a permit issued by the commissioner pursuant to subsection 2.
Sec. C-3. 12 MRSA §12456, sub-§1,  as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:
1. Open seasons.
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Except as provided in subsection 2 and Part 12 section 6140-A, subsection 4 and except as the commissioner may by rule provide, the following are the open seasons for fishing in the State. All opening and closing dates are inclusive.A. The open season for all fish in waters or portions of waters naturally free of ice in lakes and ponds is from April 1st to September 30th.
B. The open season for all fish in the rivers above tidewater in waters free of ice is from April 1st to September 15th.
C. The open season for all fish in brooks and streams in waters free of ice is from April 1st to August 15th.
D. The open-water fishing season on boundary waters between Maine and New Brunswick is from April 15th to September 30th.
Sec. C-4. 19-A MRSA §701, sub-§4,  as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is repealed and the following enacted in its place:
4. Polygamy.
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A marriage contracted while either party has a living wife or husband from whom the party is not divorced is void.
Sec. C-5. 21-A MRSA §196, sub-§2,  as amended by PL 2007, c. 397, §2 and c. 455, §11, is repealed and the following enacted in its place:
2. Voter lists or reports identifying voters.
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A person may purchase a list or report of voter information containing some or all of the information from the central voter registration system by making a request to the Secretary of State or to a municipal registrar if the information requested concerns voters in that municipality. The Secretary of State or the municipal registrar shall make available the following information, subject to the fees set forth in subsection 4 and the restrictions on use and redistribution of data set forth in subsection 7: the voter's name, residence address, mailing address, date of birth, enrollment status, electoral district, voter status, the date of registration or the date of change of the voter record if applicable, voter participation in previous elections including whether the voter cast a challenged or absentee ballot, voter record number and any special designations indicating uniformed service voters, overseas voters or township voters. In addition, municipal clerks or registrars shall make available upon request the list of persons who requested or were furnished absentee ballots created and maintained pursuant to section 753-B subject to the fees set forth in subsection 4 for printed lists and free of charge for electronic lists.
Sec. C-6. 22 MRSA §1711-E, sub-§1, ¶F-2,  as enacted by PL 2007, c. 460, §1, is amended to read:
F-2. "Pharmacy" means a mail order prescription pharmacy as defined in Title 32, section 13702 13702-A, subsection 13 17 or a drug outlet pharmacy as defined in Title 32, section 13702 13702-A, subsection 10 24.
Sec. C-7. 22 MRSA §1711-E, sub-§1, ¶H,  as enacted by PL 2005, c. 589, §1, is amended to read:
H. "Prescription drug information" means information concerning prescription drugs as defined in Title 32, section 13702 13702-A, subsection 24 30 and includes prescription drug orders as defined in Title 32, section 13702 13702-A, subsection 25 31.
Sec. C-8. 22 MRSA §2685, sub-§2, ¶D,  as enacted by PL 2007, c. 327, §1, is amended to read:
D. "Dispenser" means a licensed mail order prescription pharmacy as defined in Title 32, section 13702 13702-A, subsection 13 17; a licensed drug outlet pharmacy as defined in Title 32, section 13702 13702-A, subsection 10 24; and any other person or entity licensed to dispense prescription drugs under Title 32, chapter 117.
Sec. C-9. 22 MRSA §3174-G, sub-§1, ¶B,  as amended by PL 2003, c. 469, Pt. A, §5 and c. 673, Pt. Y, §1 and affected by §3, is repealed and the following enacted in its place:
B. An infant under one year of age when the infant's family income is equal to or below 200% of the nonfarm income official poverty line, except that the department may adopt a rule that provides that infants in families with income over 185% and equal to or below 200% of the nonfarm income official poverty line who meet the eligibility requirements of the Cub Care program established under section 3174-T are eligible to participate in the Cub Care program instead of Medicaid. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A;
Sec. C-10. 22 MRSA §3174-G, sub-§1, ¶D,  as amended by PL 2003, c. 469, Pt. A, §5 and c. 673, Pt. Y, §2 and affected by §3, is repealed and the following enacted in its place:
D. A child one year of age or older and under 19 years of age when the child's family income is equal to or below 200% of the nonfarm income official poverty line, except that the department may adopt a rule that provides that children described in this paragraph in families with income over 150% and equal to or below 200% of the nonfarm income official poverty line who meet the eligibility requirements of the Cub Care program established under section 3174-T are eligible to participate in the Cub Care program instead of Medicaid. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A;
Sec. C-11. 24 MRSA §2317-B, sub-§12-B,  as enacted by PL 2007, c. 452, §1, is amended to read:
12-B. Title 24-A, sections 2762, 2847-O and 4255.
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Coverage for hearing aids, Title 24-A, sections 2762, 2847-M 2847-O and 4253 4255;
Sec. C-12. 24 MRSA §2317-B, sub-§12-C,  as enacted by PL 2007, c. 595, §1 and affected by §5, is repealed.
Sec. C-13. 24 MRSA §2317-B, sub-§12-D is enacted to read:
12-D. Title 24-A, sections 2763, 2847-P and 4256.
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Coverage for medically necessary infant formula, Title 24-A, sections 2763, 2847-P and 4256;
Sec. C-14. 24-A MRSA §10, sub-§6,  as amended by PL 2007, c. 539, Pt. N, §55, is further amended to read:
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The government contracting activities of a health care servicing entity, as defined in Title 22-A, section 207, subsection 1 7, contracting, whether directly or as a subcontractor, with the Department of Health and Human Services, unless otherwise expressly provided by this Title. This Title may apply to any other insurance or managed care activities of a health care servicing entity.
Sec. C-15. 24-A MRSA §2847-N,  as enacted by PL 2007, c. 595, §3 and affected by §5, is reallocated to 24-A MRSA §2847-P.
Sec. C-16. 24-A MRSA §4254,  as enacted by PL 2007, c. 595, §4 and affected by §5, is reallocated to 24-A MRSA §4256.
Sec. C-17. 26 MRSA §1028, sub-§2,  as amended by PL 1993, c. 90, §6, is further amended to read:
2. Review of representation proceedings.
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Any person aggrieved by any ruling or determination of the executive director under sections 1024 1024-A and 1025 may appeal, within 15 days of the announcement of the ruling or determination, except that in the instance of objections to the conduct of an election or challenged ballots the time period is 5 working days, to the Maine Labor Relations Board. Upon receipt of such an appeal, the board shall within a reasonable time , hold a hearing, having first caused 7 days' notice, in writing, of the time and place of the hearings to be given to the aggrieved party, the labor organizations or bargaining agent and the public employer. The hearings and the procedures established in furtherance thereof must be in accordance with section 968. Decisions of the board made pursuant to this subsection are subject to review by the Superior Court under the Maine Rules of Civil Procedure, Rule 80C, in accordance with the standards specified in section 972, if the complaint is filed within 15 days of the date of issuance of the decision. The complaint must be served upon the board and all parties to the board proceeding by certified mail, return receipt requested.
Sec. C-18. 32 MRSA §12274, sub-§2,  as enacted by PL 1987, c. 489, §2, is amended to read:
2. Review.
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The board may review the publicly available professional work of licensees on a general and random basis, without any requirement of a formal complaint or suspicion of impropriety on the part of any particular licensee. If, as a result of such review, the board discovers reasonable grounds for a more specific investigation, the board may proceed under subsection 1 Title 10, section 8003-A, subsection 2.