CHAPTER 493
H.P. 1242 - L.D. 1734
Emergency preamble. Whereas, acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, persons who have legally immigrated to Maine are being denied access to private health insurance; and
Whereas, the definition of "legally domiciled" in current insurance law needs to be broadened to allow persons who have legally immigrated to Maine and reside in Maine to have access to individual health insurance; and
Whereas, this legislation will expand the definitions in the insurance law so that persons who have legally immigrated will now be eligible for individual health insurance; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 24-A MRSA §2736-C, sub-§1, ¶C-1, as amended by PL 1999, c. 256, Pt. C, §1, is repealed and the following enacted in its place:
C-1. "Legally domiciled" means a person who lives in this State and who satisfies the criteria contained in 2 of the following subparagraphs.
(1) The person has a motor vehicle operator's license or nondriver identification card from this State.
(2) The person has a valid passport or visa and is lawfully admitted to the United States.
(3) The person is registered to vote in this State.
(4) The person has a permanent dwelling place in this State.
(5) The person submits a written sworn affidavit declaring that person's intent to reside in this State.
(6) The person files an income tax return for this State that declares the person is a Maine resident.
A person may establish that that person is legally domiciled in this State by providing evidence of other relevant criteria associated with residency. A child is legally domiciled in this State if at least one of the child's parents or the child's legal guardian is legally domiciled in this State. A person with a developmental or other disability that prevents that person from obtaining a motor vehicle operator's license, registering to vote or filing an income tax return is legally domiciled in this State by living in this State.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective March 16, 2006.
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