Sec. B-1. 7 MRSA §3909, sub-§2, as enacted by PL 1997, c. 456, §3, is amended to read:
2. Designated employees of the department. For purposes of prosecution under this section, the commissioner may authorize humane agents and a state veterinarian to serve civil process pursuant to the Maine Rules of Civil Procedure, Rule 80H and any other applicable rules of court. The commissioner may authorize humane agents or a state veterinarian to represent the department in District Court in the prosecution of civil violations of these laws. Certification of the humane agents and a state veterinarian for this purpose is as provided under Title 30-A, section 4221 4453, subsection 2 5. Once certified, prosecution by the humane agent or a state veterinarian may seek civil penalties as provided by law as well as a permanent or temporary injunction, restraining order or other equitable relief as the court finds appropriate.
Sec. B-2. 9-B MRSA §443, sub-§8, as amended by PL 1997, c. 429, Pt. C, §1, is repealed.
Sec. B-3. 9-B MRSA §443, sub-§11, as amended by PL 1997, c. 315, §16 and c. 457, §3, is repealed and the following enacted in its place:
11. Annuities. A financial institution, credit union or financial institution holding company, or a subsidiary or employee of such an entity, authorized to do business in the State may sell, or arrange for the sale of, through a licensed 3rd party, annuities purchased from a licensed insurance company and may share commissions in connection with the sale of annuities pursuant to the provisions of Title 24-A. A financial institution, a credit union or a financial institution holding company, or an employee or subsidiary of such an entity, must be licensed in accordance with Title 24-A, section 1411 or 1416 before engaging in any of the activities concerning the sale of annuities authorized by this subsection.
A financial institution, credit union or financial institution holding company that sells or arranges for the sale of annuities on the premises of that entity:
A. Shall post conspicuously a notice that is clearly visible to all customers that may purchase annuities. The notice must state in clearly understandable language that the annuities are not insured by the Federal Deposit Insurance Corporation;
B. Shall orally inform a prospective purchaser of annuities that the annuities are not insured by the Federal Deposit Insurance Corporation; and
C. Before a sale of annuities is completed, shall obtain a written statement signed by the purchaser of the annuities stating that the purchaser received the oral notice required by paragraph B.
Sec. B-4. 9-B MRSA §539-A, sub-§4, as amended by PL 1997, c. 22, §22, is repealed.
Sec. B-5. 9-B MRSA §739-A, sub-§4, as amended by PL 1997, c. 22, §24, is repealed.
Sec. B-6. 12 MRSA §683, first ¶, as amended by PL 1997, c. 346, §1 and c. 549, §1 and
affected by §2, is repealed and the following enacted in its place:
The Maine Land Use Regulation Commission, as established by Title 5, section 12004-D, subsection 1 to carry out the purposes stated in section 681, is created within the Department of Conservation, and in this chapter called the "commission." The commission is charged with implementing this chapter in all of the unorganized and deorganized areas of the State. The commission consists of 7 public members, none of whom may be state employees, who must be appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over conservation matters and to confirmation by the Legislature, for staggered 4-year terms. Of the potential appointees to the commission, the Governor shall actively seek and give consideration to persons who are knowledgeable in commerce and industry; fisheries and wildlife; forestry; and conservation. In addition the Governor shall actively seek and give consideration to persons residing in or near the unorganized areas of the State and to persons residing on unorganized coastal islands. At least 4 members must be residents within the commission's jurisdiction. A county commissioner, county employee, municipal official or municipal employee is not considered to hold an incompatible office for purposes of simultaneous service on the commission. If a county or municipality is a participant in an adjudicatory proceeding before the commission, a commissioner, official or employee from that county or municipality may not participate in that proceeding.
Sec. B-7. Application. The provision of the section of this Act that repeals and replaces the Maine Revised Statutes, Title 12, section 683, first paragraph requiring that 4 members of the Maine Land Use Regulation Commission be residents within the commission's jurisdiction must be fully implemented by December 31, 1999, consistent with Public Law 1997, chapter 549, section 2. This Act does not require the terms of members serving on the Maine Land Use Regulation Commission on September 19, 1997 to be terminated.
Sec. B-8. 15 MRSA §393, sub-§8, as amended by PL 1997, c. 334, §3 and c. 462, §1, is repealed and the following enacted in its place:
8. Penalty. A violation of subsection 1, paragraph A, B or C is a Class C crime. A violation of subsection 1, paragraph D is a Class D crime. A violation of subsection 1-A by a person at least 18 years of age is a Class C crime.
Sec. B-9. 19-A MRSA §2101, sub-§9, as repealed and replaced by PL 1997, c. 537, §27 and affected by §62, is repealed.
Sec. B-10. 23 MRSA §3032, sub-§2, as enacted by PL 1987, c. 385, §2, is amended to read:
2. Extensions. The municipal officers of the affected municipality may except a proposed, unaccepted way or portion of a proposed, unaccepted way described in subsection 1 1-A from the operation of the time limitations of that subsection by filing, in the registry of deeds where the subdivision plan is recorded, a notice stating that the way or portion of the way is excepted from the operation of subsection 1 1-A for a period of 20 years from the filing of the notice. To be effective, this exception must be filed prior to the expiration of the time limitations of subsection 1 1-A. An extension accomplished under this subsection may be extended by the municipal officers for a subsequent 20-year period by the filing of a new notice within the preceding 20-year extension period.
Sec. B-11. Retroactivity. The section of this Act that amends the Maine Revised Statutes, Title 23, section 3032, subsection 2 is retroactive to September 19, 1997.
Sec. B-12. 24 MRSA §2349, as amended by PL 1997, c. 370, Pt. C, §§1 to 3 and repealed by c. 445, §6 and affected by §32, is repealed.
Sec. B-13. 24-A MRSA §1858, as enacted by PL 1997, c. 86, §1, is repealed.
Sec. B-14. 24-A MRSA §4216, sub-§1, ¶D, as amended by PL 1997, c. 592, §71, is further amended to read:
D. The Commissioner of Human Services certifies to the superintendent that:
(1) The health maintenance organization does not meet the requirements of section 4204, subsection 1 2-A, paragraph B; or
(2) The health maintenance organization is unable to fulfill its obligations to furnish health care services;
Sec. B-15. 30-A MRSA §4221, sub-§2, ¶A, as amended by PL 1997, c. 456, §20, is repealed.
Sec. B-16. 30-A MRSA §4453, sub-§§3 and 4, as enacted by PL 1997, c. 296, §9, are amended to read:
3. Department of Environmental Protection. Department of Environmental Protection employees as set forth in Title 38, section 342, subsection 7; and
4. Maine Land Use Regulation Commission. Maine Land Use Regulation Commission employees as set forth in Title 12, section 685-C, subsection 9.; and
Sec. B-17. 30-A MRSA §4453, sub-§5 is enacted to read:
5. Humane agents and state veterinarians. Humane agents and state veterinarians as set forth in Title 7, section 3909, subsection 2.
Sec. B-18. 32 MRSA §2272, sub-§7-A, as enacted by PL 1997, c. 212, §1, is reallocated to 32 MRSA §2272, sub-§12-A.
Sec. B-19. 32 MRSA §2279, first ¶, as amended by PL 1997, c. 212, §2 and c. 294, §6, is repealed and the following enacted in its place:
An applicant applying for a license as an occupational therapy practitioner must file a written application, provided by the board, showing to the satisfaction of the board that the applicant meets the following requirements.
Sec. B-20. 32 MRSA §2279, sub-§5, as amended by PL 1997, c. 212, §3 and c. 294, §6, is repealed and the following enacted in its place:
5. Examination. An applicant for licensure as an occupational therapy practitioner must pass an examination as provided for in section 2280-A.
Sec. B-21. 32 MRSA §6020-A, as enacted by PL 1997, c. 379, §17, is repealed and the following enacted in its place:
§6020-A. Eligibility for license
To be eligible for licensure by the board as a speech-language pathologist, audiologist or speech-language pathology assistant, a person must possess the following:
1. Speech-language pathologists or audiologists. To be licensed as a speech-language pathologist or audiologist, a master's degree or its equivalent, as determined by the board, which is consistent with the requirements for the American Speech and Hearing Association Certificate of Clinical Competency in Speech Pathology or Audiology. The board may establish the requirements for academic course work, supervised clinical practice, supervised professional employment and written examination; or
2. Speech-language pathology assistants. To be licensed as a speech-language pathology assistant, an associate degree in the field of communication disorders, or its equivalent as determined by the board, and must meet such other minimal qualifications as the board may establish.
Sec. B-22. 34-B MRSA §3607, first ¶, as amended by PL 1997, c. 365, §1 and c. 371, §1, is repealed and the following enacted in its place:
The department shall establish 7 quality improvement councils, called area councils, to evaluate the delivery of mental health services to children and adults under the authority of the department or who have a major mental illness, and to advise the department regarding quality assurance, systems development and the delivery of mental health services to children and adults under the authority of the department. The department shall also establish 2 institute councils to evaluate the delivery of mental health services at the 2 state mental health institutes and advise the department regarding quality assurance, operations and functions of the mental health institutes.
Sec. B-23. 34-B MRSA §3863, sub-§2, ¶A, as amended by PL 1997, c. 422, §8 and c. 438, §2, is repealed and the following enacted in its place:
A. The physician, physician's assistant, certified psychiatric clinical nurse specialist, nurse practitioner or psychologist has examined the person on the date of the certificate; and
Sec. B-24. 36 MRSA §6207, sub-§3, ¶B, as amended by PL 1997, c. 530, Pt. A, §33, is repealed.
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