Sec. D-1. 1 MRSA §71, sub-§13 is enacted to read:
13. Reporting dates. If legislation or another legislative instrument requires a report to be filed by a date certain, and the date certain falls on a Saturday, Sunday or legal holiday, the report is due by close of business on the next day that is not a Saturday, Sunday or legal holiday.
Sec. D-2. 1 MRSA §91, sub-§5, as enacted by PL 1991, c. 336, is amended to read:
5. Revisor's report. "Revisor's report" means the post-update report made by the revisor pursuant to section 95. This report may be cited as Revisor's Report 19XX, c. X, §X or, Revisor's Report 2XXX, c. X, §X, RR 19XX, c. X, §X or RR 2XXX, c. X, §X.
Sec. D-3. 1 MRSA §1101, sub-§1, ¶¶A and B, as enacted by PL 1999, c. 613, §1, are amended to read:
A. The designation "nigger" or "squaw" as a separate word or as part of a word; or
B. The designation "squaw" or "squa" as a separate word.
Sec. D-4. 3 MRSA §959, sub-§1, ¶G, as enacted by PL 1995, c. 488, §2, is amended to read:
G. The joint standing committee of the Legislature having jurisdiction over inland fisheries and wildlife matters shall use the following list as a guideline for scheduling reviews:
(1) Department of Inland Fisheries and Wildlife in 1997; and
(2) Advisory Board for the Licensing of Taxidermists in 2005.; and
(3) Atlantic Salmon Commission in 2003.
Sec. D-5. 3 MRSA §959, sub-§1, ¶K, as amended by PL 1999, c. 127, Pt. C. §12, is further amended to read:
K. The joint standing committee of the Legislature having jurisdiction over marine resource matters shall use the following list as a guideline for scheduling reviews:
(1) Atlantic States Marine Fisheries Commission in 1997;
(2) Department of Marine Resources in 1997;
(4) Lobster Advisory Council in 1999; and
(5) Maine Sardine Council in 1999; and.
(6) Atlantic Salmon Authority in 2001.
Sec. D-6. 4 MRSA §184, sub-§§1, 2 and 6, as enacted by PL 1999, c. 547, Pt. B, §10 and affected by §80, are amended to read:
1. Notice and hearing. In any action within the District Court's jurisdiction under section 152, subsection 9 or 10, all parties must be afforded an opportunity for hearing after reasonable notice.
2. Complaint filed. On commencement of any case, a written complaint must be filed with the District Court. A Except as provided in Title 22, section 1558, and Title 28-A, section 803, a copy of the complaint and summons must be served on the defendant either by personal delivery in hand, by leaving it with a person of suitable age or discretion at the defendant's dwelling place or usual place of abode or by sending it by certified mail to the defendant's last known address. The If a summons is required, it must inform the defendant of the time limit for filing an answer to the complaint and the consequences of failing to do so. The complaint must contain a conclusion indicating the violation of a statute or rule, citing the statute or rule violated and stating the relief requested.
6. Emergency proceedings. The District Court has jurisdiction to revoke temporarily or suspend a license without notice or hearing upon the verified complaint or complaint accompanied by affidavits of a licensing agency or the Attorney General. The verified complaint must be or complaint accompanied by affidavits demonstrating must demonstrate that summary action is necessary to prevent an immediate threat to the public health, safety or welfare. Upon issuance of an order revoking or suspending a license under this section, the District Court shall promptly schedule an expedited hearing on the agency's complaint. Any order temporarily suspending or revoking a license expires within 30 days of issuance unless renewed by the court after such hearing as it may determine necessary.
This subsection may not be considered to abridge or affect the jurisdiction of the Superior Court or District Court to issue injunctive relief or to exercise such other powers as may be authorized by law or rule of the court.
Sec. D-7. 5 MRSA §52, as renumbered by RR 1993, c. 2, §2, is repealed.
Sec. D-8. 5 MRSA §19509, first ¶, as enacted by PL 2001, c. 357, §16, is amended to read:
Notwithstanding any provision of law to the contrary, the following provisions apply to psychiatric hospitals, hospital units that are equipped to provide inpatient care and treatment for persons with mental illness, state mental health institutes and state-operated psychiatric treatment facilities. Notice provided under this section must be provided within 7 days of the date of the death, attempted suicide or the incident resulting in injury causing a serious injury resulting in signify-cant impairment of physical condition. Notice provided under this section must include the name of the person with a disability; the name, address and telephone number of that person's legal guardian, conservator or legal representative and parent if that person is a minor; a detailed description of the occurrence and any injuries sustained; the name, street address and telephone number of the facility; and the name and job title of the person providing the notice.
Sec. D-9. 5 MRSA §19509, sub-§1, as enacted by PL 2001, c. 357, §16, is amended to read:
1. Psychiatric hospitals; hospital units. A psychiatric hospital or a hospital unit that is equipped to provide inpatient care and treatment for persons with mental illness shall provide the agency with access to information relating to the death of any person with a disability who died while in the facility psychiatric hospital or hospital unit in seclusion or restraint, whose death occurred within 24 hours of being in seclusion or restraint in the psychiatric hospital or hospital unit or when it is reasonable to conclude that the death is a result of having been in seclusion or restraint in the psychiatric hospital or hospital unit.
Sec. D-10. Effective date. Those sections of this Part that amend the Maine Revised Statutes, Title 5, section 19509 take effect 90 days after adjournment of the First Regular Session of the 120th Legislature.
Sec. D-11. 12 MRSA §7801, sub-§35, ¶¶W and X, as enacted by PL 1999, c. 697, §3, are amended to read:
W. Long Pond in the Town of Mount Desert and the Town of Southwest Harbor; or
X. Little Long Pond in the Town of Mount Desert.;
Sec. D-12. 12 MRSA §7801, sub-§35, ¶¶Y to CC are enacted to read:
Y. Meetinghouse Pond, Big Pond, Wat Tuh Lake, Center Pond and Silver Lake, also known as Silver Pond, in the Town of Phippsburg in Sagadahoc County;
Z. South Branch Lake in the Plantation of Seboeis and the Township of T2 R8 NWP in Penobscot County;
AA. Spring Lake in Spring Lake Township in Somerset County;
BB. Kennebago Lake and Kennebago River in Davis Township and Stetsontown Township in Franklin County; or
CC. Nicatous Lake in the Townships of T40 MD, T41 MD and T3 ND in Hancock County.
Sec. D-13. 14 MRSA §1602, sub-§1, ¶B, as enacted by PL 1987, c. 646, §3, is amended to read:
B. For other actions, equal to the coupon issue yield equivalent, as determined by the United States Secretary of the Treasury, of the average accepted auction price for the last auction of 52-week United States Treasury bills settled immediately weekly average one-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the first calendar week of the month prior to the date from which the interest is calculated under section 1602-A, plus 1%.
Sec. D-14. 14 MRSA §1602-A, sub-§2, as amended by PL 1991, c. 489, is further amended to read:
2. Other action. For other actions, equal to the coupon issue yield equivalent, as determined by the United States Secretary of the Treasury, of the average accepted auction price for the last auction of 52-week United States Treasury bills settled immediately weekly average one-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the first calendar week of the month prior to the date from which the interest is calculated, plus 7%.
Sec. D-15. 15 MRSA §101-B, sub-§4, ¶A, as amended by PL 1999, c. 503, §1, is further amended to read:
A. Commit the defendant to the custody of the Commissioner of Mental Health, Mental Retardation and Substance Abuse Services to be placed in an appropriate institution for the mentally ill or the mentally retarded for observation, care and treatment. At the end of 30 days or sooner, and again in the event of recommitment, at the end of 60 days and one year, the State Forensic Service shall forward a report to the Commissioner of Mental Health, Mental Retardation and Substance Abuse Services relative to the defendant's competence to stand trial and its reasons therefor. The commissioner shall without delay file the report with the court having jurisdiction of the case. The court shall without delay set a date for and hold a hearing on the question of the defendant's competence to stand trial and receive all relevant testimony bearing on the question. If the court determines that the defendant is not competent to stand trial, but there does exist a substantial probability that the defendant will be competent to stand trial in the foreseeable future, it shall recommit the defendant to the custody of the Commissioner of Mental Health, Mental Retardation and Substance Abuse Services to be placed in an appropriate institution for the mentally ill or the mentally retarded for observation, care and treatment. If the defendant is charged with an offense under Title 17-A, chapter 9, 11 or 13 or Title 17-A, section 506-A, 802 or 803, and the court determines that the defendant is not competent to stand trial and there does not exist a substantial probability that the defendant can be competent in the foreseeable future, the court shall dismiss all charges against the defendant and order the Commissioner of Mental Health, Mental Retardation and Substance Abuse Services to commence involuntary commitment proceedings pursuant to Title 34-B, chapter 3, subchapter IV or chapter 5, subchapter III. If the defendant is charged with offenses not listed in the previous sentence, and the court determines that the defendant is not competent to stand trial and there does not exist a substantial probability that the defendant can be competent in the foreseeable future, the court shall dismiss all charges against the defendant and notify the appropriate authorities who may institute civil commitment procedures for the individual; or
Sec. D-16. 15 MRSA §2111, sub-§1, as enacted by PL 1999, c. 731, Pt. ZZZ, §15 and affected by §42, is amended to read:
1. Appeal of judgment of conviction or order to the Law Court. Except as otherwise specifically provided, in any criminal proceeding in the District Court, a defendant aggrieved by a judgment of conviction, ruling or order may appeal to the Supreme Judicial Court sitting as the Law Court.
Sec. D-17. 20-A MRSA §1001, sub-§5-C, as enacted by PL 2001, c. 341, §2, is amended to read:
5-C. Coverage under group health insurance plan for spouse and dependents after death of teacher. If the spouse or other dependents of a teacher as defined in Title 5, section 17001, subsection 42 are covered by a policy of group health insurance provided by the school board and the teacher dies while employed by the board, the board shall provide an opportunity for the spouse or dependent to continue coverage under the group policy after the death of the teacher by making the premium payment for the cost of that coverage. In the case of underage dependent children of the teacher, coverage must be provided available at least until the dependent children reach 19 years of age.
Sec. D-18. Effective date. That section of this Part that amends the Maine Revised Statutes, Title 20-A, section 1001, subsection 5-C takes effect 90 days after adjournment of the First Regular Session of the 120th Legislature.
Sec. D-19. 20-A MRSA §15619, first ¶, as enacted by PL 1983, c. 859, Pt. G, §§2 and 4, is amended to read:
All bonds, notes or other evidences of indebtedness issued for school purposes by a school administrative unit, as defined in section 15603, for major capital expenses, bus purchases or for current operating expenses, including tax or other revenue anticipation notes, shall be are general obligations of the unit.
Sec. D-20. 22 MRSA §2622, first ¶, as amended by PL 1999, c. 688, §3, is further amended to read:
The board, with the advice of the department, shall classify all community public water systems, all noncommunity nontransient nontransient, noncommunity public water systems and the water treatment plants or collection, treatment or storage facilities or structures that are part of a system with due regard to the size and type of facilities, the character of water to be treated and any other physical conditions affecting such system or part thereof and specify the qualifications the operator of the system or of a part of a system must have to supervise successfully the operation of the system or parts thereof so as to protect the public health or prevent nuisance conditions.
Sec. D-21. 22 MRSA §2624-A, sub-§1, as amended by PL 1999, c. 688, §4, is further amended to read:
1. Membership; general qualifications. The board consists of 9 members appointed by the Governor as follows: 3 water system or water treatment plant operators, one holding a Class II license, one holding a Class III license and one holding a Class IV license; one member of the public who is a registered professional engineer; one person who is an educator in the field of water supply or service; one person who is a water management representative; one person who represents consumers of public water systems; one person who is an owner or manager of a noncommunity nontransient nontransient, noncommunity public water system; and one person from the department, as the commissioner may recommend, subject to appointment by the Governor.
Sec. D-22. 23 MRSA §1803-B, sub-§1, ¶A, as amended by PL 1999, c. 753, §3, is repealed and the following enacted in its place:
A. Rural Road Initiative funds must be distributed as follows.
(1) Funds are distributed at a rate of $600 per year per lane mile for all rural state aid minor collector roads and all public roads maintained by a municipality located outside urban compact areas as defined in section 754, except that funds are distributed at a rate of $300 per year per lane mile for all seasonal public roads.
(2) Effective July 1, 2000, funds must be used for capital improvements as defined by this chapter, or for capital improvements to state aid minor collector roads as described in subsection 5. Prior to July 1, 2000, funds may be used only for the maintenance and improvement of public roads.
Sec. D-23. Retroactivity. That section of this Part that repeals and replaces the Maine Revised Statutes, Title 23, section 1803-B, subsection 1, paragraph A applies retroactively to August 11, 2000.
Sec. D-24. 24-A MRSA §1156, sub-§2, ¶F-1 is enacted to read:
F-1. Investment practices entered into under section 1153, subsection 4 or section 1160, subsection 6;
Sec. D-25. 24-A MRSA §2851, first ¶, as repealed and replaced by PL 1999, c. 256, Pt. H, §1, is amended to read:
All life insurance and all health insurance in connection with loans or other credit transactions, credit property insurance, credit involuntary unemployment insurance and other consumer credit insurance specifically authorized by the superintendent in rules adopted pursuant to section 2865 are subject to this chapter, except the following:
Sec. D-26. 28-A MRSA §453-A, sub-§7, as amended by PL 1997, c. 373, §47 and PL 1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read:
7. Aggrieved applicants. Any applicant aggrieved by a decision made by the bureau may appeal the decision by filing a complaint an appeal with the District Court and serving a copy of the complaint appeal upon the bureau in accordance with the Maine Rules of Civil Procedure, Rule 80C. The complaint appeal must be filed and served within 15 30 days of the mailing of the bureau's decision.
Sec. D-27. 28-A MRSA §458, sub-§5, as amended by PL 1997, c. 373, §50 and PL 1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read:
5. Aggrieved applicant. Any agency liquor store licensee aggrieved by a decision of the bureau not to renew an agency liquor store license may appeal the decision by filing a complaint an appeal with the District Court and serving a copy of that complaint the appeal on the bureau in accordance with the Maine Rules of Civil Procedure, Rule 80C. The complaint appeal must be filed and served within 15 30 days of notification of the agency liquor store licensee by the bureau that the license will not be renewed.
Sec. D-28. PL 2001, c. 241 is repealed.
Sec. D-29. PL 2001, c. 374, §9, sub-§6 is amended to read:
6. Transferred employees. All transferred employees who are represented by a bargaining agent on the effective date of this Act continue to be represented by that bargaining agent. Following the effective date of this Act, a petition for decertification or certification of a new bargaining agent for any newly created bargaining unit may be filed in accordance with Title 26, chapter 9-B 9-A and the rules of the Maine Labor Relations Board.
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