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PRIVATE & SPECIAL LAWS
First Special Session of the 118th

CHAPTER 46
S.P. 307 - L.D. 1015

An Act to Authorize the Extension of Needed Positions at the Augusta Mental Health Institute

     Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

     Whereas, the 90-day period may not terminate until after the beginning of the next fiscal year; and

     Whereas, certain positions at the Augusta Mental Health Institute and the Bangor Mental Health Institute are only authorized until January 31, 1997; 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. Commissioner of Mental Health, Mental Retardation and Substance Abuse Services authorized to extend position end dates and transfer funds. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, the Commissioner of Mental Health, Mental Retardation and Substance Abuse Services may extend the May 31, 1997 end date for 37.5 positions at the Augusta Mental Health Institute in order to meet staff-to-patient ratio requirements as outlined in the final consolidated plan response in the matter of Bates v. Peet cv-89-88 (Me. Super. Ct., Kenn Cty., Mar. 8, 1996)(Mills, N.) to May 31, 1998. A listing of the positions to be extended is on file in the Bureau of the Budget.

     The commissioner also may transfer funds as needed for this purpose by financial order from the Consent Decree Reinvestment Fund-Mental Health or the Mental Health Services - Community Medicaid account to the Disproportionate Share - Augusta Mental Health Institute account and to make corresponding allocation increases in the Augusta Mental Health Institute Other Special Revenue account. This financial order takes effect upon approval by the Governor.

     Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

Effective June 11, 1997.

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