Sec. C-1. 2 MRSA §101, sub-§1, ¶A, as enacted by PL 2003, c. 469, Pt. B, §1, is amended to read:
A. Develop and issue the biennial State Health Plan, referred to in this chapter as "the plan," pursuant to section 103. The first plan must be issued by May 2004 by December 1, 2005 and every 2 years thereafter;
Sec. C-2. Effective date. That section of this Act that amends the Maine Revised Statutes, Title 2, section 101, subsection 1, paragraph A takes effect 90 days after the adjournment of the First Special Session of the 122nd Legislature.
Sec. C-3. 3 MRSA §959, sub-§1, ¶F, as amended by PL 2003, c. 600, §1, is further amended to read:
F. The joint standing committee of the Legislature having jurisdiction over health and human services matters shall use the following list as a guideline for scheduling reviews:
(2) Office of Substance Abuse in 2005;
(3) Maine Advisory Committee on Mental Retardation in 2007;
(6) Department of Health and Human Services in 2009;
(7) Board of the Maine Children's Trust Incorporated in 2011;
(9) Maine Developmental Disabilities Council in 2011; and.
(10) Department of Behavioral and Developmental Services in 2005.
Sec. C-4. 4 MRSA §153, first ¶, as amended by PL 2003, c. 673, Pt. JJJ, §1, is further amended to read:
The State is divided into 29 28 judicial divisions, named and defined as follows, and with places for holding court in those divisions as follows:
Sec. C-5. 4 MRSA §153, sub-§11, as amended by PL 1993, c. 675, Pt. B, §2, is further amended to read:
11. Hancock. Central Hancock consists of the entire County of Hancock, except Bar Harbor, Mount Desert, Cranberry Isles, Southwest Harbor, Trenton, Swan's Island, Long Island Plantation and Tremont. The District Court for Central Hancock must be held at Ellsworth, except that one session per week may be held at Bucksport at the discretion of the Chief Judge.
Sec. C-6. 4 MRSA §153, sub-§12 is repealed.
Sec. C-7. 4 MRSA §154, sub-§5 is amended to read:
5. Fifth District. The 5th district consists of the divisions of Central Hancock (Ellsworth), Southern Hancock (Bar Harbor) and Waldo (Belfast).
Sec. C-8. Effective date. Those sections of this Act that amend the Maine Revised Statutes, Title 4, section 153, first paragraph and subsection 11 and section 154, subsection 5 and that repeal section 153, subsection 12 take effect June 30, 2005.
Sec. C-9. 12 MRSA §6431, sub-§1-A, as enacted by PL 2005, c. 6, §2, is amended to read:
1-A. Most restrictive minimum size. A person possessing a valid lobster and crab fishing license and who also owns or is incorporated or partnered in a vessel holding a or vessels that hold federal limited access lobster permit permits must comply with the most restrictive minimum lobster size for all federal lobster management areas declared on the federal permit, as designated on that person's Maine lobster and crab fishing license application, whenever the fishing activity occurs. The applicable most restrictive minimum lobster size is contained in the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for American Lobster, wherever the fishing activity occurs.
Sec. C-10. 12 MRSA §10853, sub-§7, ¶A, as enacted by PL 2003, c. 414, Pt. A, §2, and affected by c. 614, §9, is repealed and the following enacted in its place:
A. Clients of the Department of Health and Human Services who reside in licensed facilities for persons with mental retardation or licensed facilities for the treatment of mental illness;
Sec. C-11. 13-B MRSA §202, sub-§1, ¶T, as enacted by PL 1989, c. 857, §52, is amended to read:
T. To engage in legislative liaison activities, including gathering information regarding legislation, analyzing the effect of legislation, communicating with Legislators and attending and giving testimony at legislative sessions, public hearings or committee hearings, notwithstanding any rule adopted by the Department of Finance Health and Human Services.
Sec. C-12. 20-A MRSA §11415, sub-§1, as amended by PL 1999, c. 443, §6, is further amended to read:
1. Composition. There are 7 voting members of the authority, 5 6 of whom must be appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over economic development matters and confirmation by the Legislature.
Sec. C-13. 22 MRSA §3741-M, as enacted by PL 1997, c. 284, §1, is repealed.
Sec. C-14. 22 MRSA §3762, sub-§2, ¶G, as enacted by PL 1997, c. 530, Pt. A, §16, is amended to read:
G. Statewide organizations that work with women on self-sufficiency and employment opportunities, including a statewide nonprofit corporation that provides training and placement in trade and technical occupations that are not traditional for the persons served;
Sec. C-15. 24 MRSA §2506, first ¶, as amended by PL 2005, c. 221, §1, is further amended to read:
A health care provider or health care entity shall, within 60 days, report in writing to the disciplined practitioner's board or authority the name of any licensed, certified or registered employee or person privileged by the provider or entity whose employment or privileges have been revoked, suspended, limited or terminated or who resigned while under investigation or to avoid investigation for reasons related to clinical competence or unprofessional conduct, together with pertinent information relating to that action. Pertinent information includes: a description of the adverse action; the name of the practitioner involved; the date, the location and a description of the event or events giving rise to the adverse action; and identification of the complainant involved in giving rise to the adverse action. Upon written request, the following information must be released to the board or authority within 20 days of receipt of the request: the names of the patients whose care by the disciplined practitioner gave rise to the adverse action; medical records relating to the event or events giving rise to the adverse action; written statements signed or prepared by any witness or complainant to the event; and related correspondence between the practitioner and the provider or entity. The report must include situations in which employment or privileges have been revoked, suspended, limited or otherwise adversely affected by action of the health care practitioner while the health care practitioner was the subject of disciplinary proceedings, and it also must include situations where employment or privileges have been revoked, suspended, limited or otherwise adversely affected by act of the health care practitioner in return for the health care provider's or health care entity's terminating such proceeding. Any reversal, modification or change of action reported pursuant to this section must be reported immediately to the practitioner's board or authority, together with a brief statement of the reasons for that reversal, modification or change. If the adverse action requiring a report as a result of a reversal, modification or change of action consists of the revocation, suspension or limitation of clinical privileges of a physician, physician assistant or advanced practice registered nurse by a health care provider or health care entity for reasons relating to clinical competence or unprofessional conduct and is taken pursuant to medical staff bylaws or other credentialing and privileging policies, whether or not the practitioner is employed by that health care provider or entity, then the provider or entity shall include in its initial report to the disciplined practitioner's licensing board or authority the names of all patients whose care by the disciplined practitioner gave rise to the adverse action. The failure of any health care provider or health care entity to report as required is a civil violation for which a fine of not more than $5,000 may be adjudged.
Sec. C-16. Effective date. That section of this Act that amends the Maine Revised Statutes, Title 24, section 2506, first paragraph takes effect 90 days after the adjournment of the First Special Session of the 122nd Legislature.
Sec. C-17. 25 MRSA §2803-B, sub-§2, as amended by PL 2003, c. 656, §4 and c. 677, §4, is repealed and the following enacted in its place:
2. Minimum policy standards. The board shall establish minimum standards for each law enforcement policy no later than June 1, 1995, except that policies for expanded requirements for domestic violence under subsection 1, paragraph D, subparagraphs (1) to (3) must be established no later than January 1, 2003; policies for death investigations under subsection 1, paragraph I must be established no later than January 1, 2004; policies for public notification regarding persons in the community required to register under Title 34-A, chapter 15 under subsection 1, paragraph J must be established no later than January 1, 2006; and policies for the recording and preservation of interviews of suspects in serious crimes under subsection 1, paragraph K must be established no later than January 1, 2005.
Sec. C-18. 25 MRSA §3701, sub-§7 is enacted to read:
7. Solicitation agent. "Solicitation agent" means a person or entity that receives payment for or retains any portion of the proceeds from soliciting. "Solicitation agent" includes, but is not limited to, a person or entity that receives or retains reimbursement for expenses related to soliciting.
Sec. C-19. 25 MRSA §3702-C is enacted to read:
§3702-C. Solicitation unlawful
A law enforcement agency, law enforcement association, law enforcement officer or solicitation agent may not solicit property from the general public when the property or any part of that property in any way tangibly benefits, is intended to tangibly benefit or is represented to be for the tangible benefit of any law enforcement officer, law enforcement agency or law enforcement association. Any violation of this chapter constitutes a violation of the Maine Unfair Trade Practices Act.
Sec. C-20. 34-B MRSA §15004, sub-§1, as enacted by PL 1997, c. 790, Pt. A, §1 and affected by §3, is amended to read:
1. Membership. The committee consists of the following 17 16 members:
A. Three representatives of the joint standing committee of the Legislature having jurisdiction over health and human services matters who must serve on the committee at the time of their appointments and who may continue to serve while they are Legislators until they are replaced by a new appointment. One member is appointed by the President of the Senate. Two members are appointed by the Speaker of the House, representing each major political party;
B. One representative of the joint standing committee of the Legislature having jurisdiction over criminal justice matters, appointed by the Speaker of the House;
C. One representative of the joint standing committee of the Legislature having jurisdiction over education and cultural affairs, appointed by the President of the Senate;
D. One representative of the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs, appointed jointly by the President of the Senate and the Speaker of the House;
E. The commissioner, the Commissioner of Corrections, the Commissioner of Education and the Commissioner of Health and Human Services, or designees of the commissioners who have authority to participate in full and to make decisions as required of committee members;
F. Three representatives of families whose children receive services for mental health, 2 of whom are appointed by the President of the Senate and one of whom is appointed by the Speaker of the House. One of the appointments of the President of the Senate to the initial committee must be for 2 years. All other appointments are for 3 years;
G. Three representatives of providers of children's mental health services who have clinical experience in children's mental health services, one of whom is appointed by the President of the Senate and 2 of whom are appointed by the Speaker of the House. One of the appointments of the Speaker of the House to the initial committee must be for 2 years. All other appointments are for 3 years; and
H. One representative of a statewide organization that advocates for children, appointed jointly by the President of the Senate and the Speaker of the House for a 3-year term.
Sec. C-21. 36 MRSA §4641-C, sub-§11, as amended by PL 1993, c. 398, §4, is further amended to read:
11. Deeds of distribution. Deeds of distribution made pursuant to Title 18-A or Title 18-B;
Sec. C-22. Effective date. That section of this Act that amends the Maine Revised Statutes, Title 36, section 4641-C, subsection 11 takes effect July 1, 2005.
Sec. C-23. 38 MRSA §438-B, sub-§5, as enacted by PL 2005, c. 226, §5, is amended to read:
5. Effective date for statewide standards. Except as provided in subsection 4, rules adopted by the Commissioner of Conservation under Title 12, section 8867-B apply statewide beginning on the first day of January of the 2nd year following the year in which the Commissioner of Conservation determines that at least 252 of the 336 municipalities identified by the Commissioner of Conservation as the municipalities with the highest acreage of timber harvesting activity on an annual basis for the period 1999-2003 have either accepted the statewide standards in accordance with subsection 2 or have adopted an ordinance identical to the statewide standards in accordance with subsection 3. Within 30 days of making the determination that the 251-municipality 252-municipality threshold has been met, the Commissioner of Conservation shall notify the Secretary of State in writing and advise the secretary of the effective date for the statewide standards.
Sec. C-24. Effective date. That section of this Act that amends the Maine Revised Statutes, Title 38, section 438-B, subsection 5 takes effect 90 days after the adjournment of the First Special Session of the 122nd Legislature.
Sec. C-25. PL 1999, c. 706, §9 is amended to read:
Sec. 9. Transition to 4-year terms for Maine State Museum Commission members. The limit of 2 consecutive terms for members of the Maine State Museum Commission applies to full terms beginning after the effective date of this Act. Members holding office on the Maine State Museum Commission on the effective date of this Act or successors appointed to serve the remainder of those terms remain in office until expiration of the terms. After the effective date of this Act, the first 8 terms that expire must be filled by appointments, including reappointment of the incumbent, that expire on the anniversary date of that position in the year 2006. When the remaining 7 positions expire, they must be filled by appointments, including reappointment of the incumbent, that expire on the anniversary date of that position in the year 2008.
Sec. C-26. PL 2005, c. 65, Pt. A, §3 is enacted to read:
Sec. A-3. Effective date. That section of this Act that repeals the Maine Revised Statutes, Title 32, chapter 105 takes effect December 31, 2005.
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