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Second Regular Session of the 121st


     Sec. C-1. 11 MRSA §9-1207, sub-§(4), as enacted by PL 1999, c. 699, Pt. A, §2 and affected by §4, is amended to read:

     (4) If the secured party is a buyer of accounts, chattel paper, payment intangibles or promissory notes or a consignor:

     Sec. C-2. 11 MRSA §9-1207, sub-§(5), as enacted by PL 1999, c. 699, Pt. A, §2 and affected by §4, is repealed.

     Sec. C-3. 12 MRSA §6034, sub-§1, as enacted by PL 2003, c. 90, §2, is amended to read:

     1. Appointment; composition. The Commercial Fishing Safety Council, referred to in this section as "the council" and established by Title 5, section 12004-I, subsection 57-E, consists of 17 members, 15 of whom are appointed by the Governor and subject to confirmation by the Legislature as follows:

The chair of the Marine Resources Advisory Council and the chair of the Marine Recreational Fishing Advisory Council are ex officio members of the council. The composition of the council must reflect a geographic distribution along the coast of the State. The council may invite to carry out the duties of the council other participants on an ad hoc basis, including representatives of private or governmental organizations or individuals with expertise or interest in marine, education, labor or health matters.

     Sec. C-4. 17-A MRSA §360, sub-§1, as amended by PL 2001, c. 667, Pt. D, §11 and affected by §36, is further amended to read:

     1. A person is guilty of theft if:

     Sec. C-5. 17-A MRSA §360, sub-§4, as enacted by PL 2001, c. 383, §49 and affected by §156, is repealed.

     Sec. C-6. 22 MRSA §4301, sub-§7, as amended by PL 2001, c. 571, §1, is further amended to read:

     7. Income. "Income" means any form of income in cash or in kind received by the household, including net remuneration for services performed, cash received on either secured or unsecured credit, any payments received as an annuity, retirement or disability benefits, veterans' pensions, workers' compensation, unemployment benefits, benefits under any state or federal categorical assistance program, supplemental security income, social security and any other payments from governmental sources, unless specifically prohibited by any law or regulation, court ordered support payments, income from pension or trust funds and household income from any other source, including relatives or unrelated household members.

The following items are not available within the meaning of this subsection and subsection 10:

In determining need, the period of time used as a basis for the calculation is the 30-day period commencing on the date of the application. This prospective calculation does not disqualify an applicant who has exhausted income to purchase basic necessities if that income does not exceed the income standards established by the municipality. Notwithstanding this prospective calculation, if any applicant or recipient receives a lump sum payment prior or subsequent to applying for assistance, that payment must be prorated over future months. The period of proration is determined by disregarding any portion of the lump sum payment that the applicant or recipient has spent to purchase basic necessities, including but not limited to: all basic necessities provided by general assistance; reasonable payment of funeral or burial expenses for a family member; reasonable travel costs related to the illness or death of a family member; repair or replacement of essentials lost due to fire, flood or other natural disaster; repair or purchase of a motor vehicle essential for employment, education, training or other day-to-day living necessities; repayments of loans or credit, the proceeds of which can be verified as having been spent on basic necessities; and payment of bills earmarked for the purpose for which the lump sum is paid. All income received by the household between the receipt of the lump sum payment and the application for assistance is added to the remainder of the lump sum. The period of proration is then determined by dividing the remainder of the lump sum payment by the greater of the verified actual monthly amounts for all of the household's basic necessities or by 150% of the applicable federal poverty guidelines. That dividend represents the period of proration determined by the administrator to commence on the date of receipt of the lump sum payment. The prorated sum for each month must be considered available to the household for 12 months from the date of application or during the period of proration, whichever is less.

     Sec. C-7. 25 MRSA §2809, first ¶, as enacted by PL 1989, c. 521, §§14 and 17, is amended to read:

     Beginning January 1, 1991, the board shall report annually to the joint standing committee of the Legislature having jurisdiction over legal affairs criminal justice and public safety matters on the implementation and effectiveness of this chapter. The purpose of the report is to provide the Legislature annual information on the law governing law enforcement training in order to ensure that appropriate and timely training is accomplished. The report must include the following:

     Sec. C-8. 29-A MRSA §2054, sub-§2, ¶D, as amended by PL 2003, c. 78, §1, is repealed and the following enacted in its place:

     Sec. C-9. 29-A MRSA §2054, sub-§2, ¶F, as amended by PL 2003, c. 78, §2, is further amended to read:

     Sec. C-10. Effective date. Those sections of this Part that repeal and replace the Maine Revised Statutes, Title 29-A, section 2054, subsection 2, paragraph D and amend Title 29-A, section 2054, subsection 2, paragraph F take effect 90 days after adjournment of the First Regular Session of the 121st Legislature.

     Sec. C-11. 30-A MRSA §371-B, sub-§4, as repealed and replaced by PL 1997, c. 562, Pt. D, §6 and affected by §11, is amended to read:

     4. Exception. Any person who is serving or who has previously served in the office of sheriff on the effective date of this section June 26, 1997 or who served prior to that date is deemed to meet the minimum qualifications of subsection 3.

     Sec. C-12. 36 MRSA §1811, last ¶, as amended by PL 1999, c. 401, Pt. X, §3 and affected by §5 and amended by c. 414, §23, is repealed and the following enacted in its place:

     Rental or lease of an automobile for one year or more must be taxed at the time of the lease or rental transaction at 5% of the following: the total monthly lease payment multiplied by the number of payments in the lease or rental, the amount of equity involved in any trade-in and the value of any cash down payment. Collection and remittance of the tax is the responsibility of the person that negotiates the lease transaction with the lessee.

     Sec. C-13. Retroactivity. That section of this Part that repeals and replaces the Maine Revised Statutes, Title 36, section 1811, last paragraph applies retroactively to July 1, 2000.

     Sec. C-14. 37-B MRSA §781, as amended by PL 2001, c. 614, §13 and c. 662, §82, is repealed and the following enacted in its place:

§781. Municipal, county and regional agencies

     1. Municipal or interjurisdictional agencies. Each municipality of the State must be served by a municipal or interjurisdictional agency responsible for emergency management.

     2. County or regional agencies. Each county shall maintain a county emergency management agency or create regional emergency management agencies that serve the member counties. Each county or regional agency is responsible for coordination of the activities of municipal and interjurisdictional emergency management agencies within the region or county and for emergency management in the unorganized territories within its jurisdiction. A county or regional emergency management agency must receive support from the municipalities within its jurisdiction.

     3. Structure of county and regional agencies. The director shall advise upon the organizational structure of county and regional emergency management agencies, including the manner in which the directors of those agencies are appointed by governing bodies of the jurisdictions involved.

     4. List of agencies. The agency shall publish and maintain a current list of municipal, interjurisdictional, county and regional emergency management agencies established pursuant to this section.

     Sec. C-15. 37-B MRSA §822, as amended by PL 2001, c. 614, §20 and c. 662, §88, is repealed and the following enacted in its place:

§822. Immunity

     Neither the State nor any of its agencies or political subdivisions nor a person called out pursuant to section 784-A, including a voluntary and uncompensated grantor of a permit for the use of the grantor's premises as an emergency management shelter, may, while engaged in any emergency management activities and while complying with or attempting to comply with this chapter or any rule adopted pursuant to this chapter, be liable for the death of or injury to any person, or damage to property, as a result of those activities. This section does not affect the right of any person to receive benefits to which that person would otherwise be entitled under this chapter, under the Maine Workers' Compensation Act of 1992, under any pension law or under any act of Congress.

     Sec. C-16. P&SL 2001, c. 62, §2 is amended to read:

     Sec. 2. Territory. The territory affected by this Act, referred to in this Act as the "territory," is as follows:

     Sec. C-17. Retroactivity. That section of this Part that amends Private and Special Law 2001, chapter 62, section 2 applies retroactively to April 2, 2002.

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