HP1200, LD 1720, item 1, An Act To Amend the Law Regarding Temporary Medical Allowances for Lobster and Crab Fishing License Holders

An Act To Amend the Law Regarding Temporary Medical Allowances for Lobster and Crab Fishing License Holders

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 12 MRSA §6450, as enacted by PL 2013, c. 239, §9, is amended to read:

§ 6450. Temporary medical allowance

1. Temporary medical allowance. Notwithstanding section 6421, upon request the commissioner may issue a temporary medical allowance that permits an individual to fish under the authority of the license of a Class I, Class II or Class III lobster and crab fishing license holder but not under the license holder's direct supervision if the following criteria are met:

A. The individual who will be fishing has successfully completed an apprentice program under section 6422;

B. The individual who will be fishing is the child or spouse of the individual who holds the Class I, Class II or Class III lobster and crab fishing license;

C. The holder of the Class I, Class II or Class III lobster and crab fishing license is unable to use that license due to a substantial illness or medical condition. The holder of the Class I, Class II or Class III lobster and crab fishing license shall provide the commissioner with documentation from a physician describing the illness or other medical condition; and

D. The holder of the Class I, Class II or Class III lobster and crab fishing license documents to the commissioner that the license holder harvested a minimum of 1,000 pounds of lobsters within one year prior to the request for the temporary medical allowance.

A temporary medical allowance may not exceed one year 2 years. A request for a temporary medical allowance must be in writing and must specify the dates for which the temporary medical allowance is requested. The holder of the Class I, Class II or Class III lobster and crab fishing license on which the temporary medical allowance is based must maintain a valid license during the duration of the temporary medical allowance. The holder of the Class I, Class II or Class III lobster and crab fishing license is liable for the activities of the individual fishing under the temporary medical allowance.

Sec. 2. 12 MRSA §6450-A is enacted to read:

§ 6450-A. Temporary terminal illness medical allowance

1. Temporary terminal illness medical allowance. Notwithstanding section 6421, upon request the commissioner may issue a temporary terminal illness medical allowance that permits an individual to fish under the authority of the license of a Class I, Class II or Class III lobster and crab fishing license holder if the following criteria are met:

A. The individual who will be fishing has successfully completed an apprentice program under section 6422;

B. The individual who will be fishing is the child or spouse of the individual who holds the Class I, Class II or Class III lobster and crab fishing license;

C. The holder of the Class I, Class II or Class III lobster and crab fishing license has been diagnosed within the previous year with a terminal illness by at least 2 physicians licensed in this State, one of whom is a physician who specializes in the treatment of the illness diagnosed. The holder of the Class I, Class II or Class III lobster and crab fishing license shall provide the commissioner with documentation of the diagnosis from at least 2 physicians licensed in this State, including one who is a physician who specializes in the treatment of the illness diagnosed; and

A request for a temporary terminal illness medical allowance must be in writing and must specify the dates for which the temporary terminal illness medical allowance is requested. The holder of the Class I, Class II or Class III lobster and crab fishing license on which the temporary terminal illness medical allowance is based must maintain a valid license during the duration of the temporary terminal illness medical allowance. The holder of the Class I, Class II or Class III lobster and crab fishing license is liable for the activities of the individual fishing under the temporary terminal illness medical allowance.

2. Fishing and record-keeping requirements. The holder of the Class I, Class II or Class III lobster and crab fishing license must be present on the vessel with the individual authorized to fish under this section for at least half of the hours the individual spends fishing under the authority of that license. The logbook required under section 6445 must document fishing hours of the person authorized to fish under this section and whether the holder of the Class I, Class II or Class III lobster and crab fishing license was present on the vessel during those hours. The holder of the license on which the temporary terminal illness medical allowance is based shall submit the logbook to the commissioner before the allowance may be renewed or prior to December 31st of the year in which the allowance was issued, whichever is earlier.

3. Exclusivity. The issuance of a temporary terminal illness medical allowance under this section does not affect a license holder's eligibility for a temporary medical allowance under section 6450.

4. Term; renewal. A temporary terminal illness medical allowance may not exceed one year. The commissioner may renew a temporary terminal illness medical allowance up to 2 times upon a request in writing from the holder of the Class I, Class II or Class III lobster and crab fishing license on which the temporary terminal illness medical allowance is based.

summary

This bill extends the maximum duration of a temporary medical allowance for lobster and crab fishing license holders from one year to 2 years.

The bill also creates a temporary terminal illness medical allowance that allows an individual to fish under the authority of the license of a Class I, Class II or Class III lobster and crab fishing license holder when the individual is a spouse or child of the license holder and has completed the lobster apprentice program and the license holder has been diagnosed with a terminal illness and harvested a minimum of 1,000 pounds of lobsters within one year prior to the request for the temporary terminal illness medical allowance. The bill requires the license holder to be present on the vessel for at least half of the hours during which the individual is fishing under the authority of the license on which the temporary terminal illness medical allowance is based. The temporary terminal illness medical allowance may not exceed one year in duration and may be renewed up to 2 times.

HP1200 LD 1720	Session - 128th Maine Legislature		LR 2554 Item 1
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