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:
(a) Subsection (1) does not apply unless the secured party is entitled under an agreement:
(i) To charge back uncollected collateral; or
(ii) Otherwise to full or limited recourse against the debtor or a secondary obligor based on the nonpayment or other default of an account debtor or other obligor on the collateral; and
(b) Subsections (2) and (3) do not apply.
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 A, §2 and affected by §4, is repealed.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:
A. One member who is a license holder under this Part and a member of the Lobster Advisory Council, recommended by the chair of the Lobster Advisory Council;
B. One member who is a license holder under this Part and a member of the Marine Resources Advisory Council, recommended by the chair of the Marine Resources Advisory Council;
C. One member who is a license holder under this Part and a member of the Sea Urchin Zone Council, recommended by the chair of the Sea Urchin Zone Council;
D. Five members who are license holders under this Part and who each represent a different commercial marine harvesting activity than the other members of the council, recommended by commercial marine harvesting and aquaculture interests;
E. An educator experienced in community-based adult education and volunteer safety training;
F. An expert in fishing industry risk analysis and occupational health;
G. An expert in marine safety equipment;
H. A representative of the marine insurance industry;
I. A marine surveyor;
J. A spouse or domestic partner of a license holder under this Part; and
K. A member of the public.
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:
A. Knowing that the person does not have the consent of the owner, the person takes, operates or exercises control over a vehicle, or, knowing that a vehicle has been so wrongfully obtained, the person rides in the vehicle. Violation of this paragraph is a Class D crime;
A-1. The person violates paragraph A and the person has 2 prior Maine convictions for any combination of the following: theft; any violation of section 401 in which the crime intended to be committed inside the structure is theft; any violation of section 405 in which the crime intended to be committed inside the motor vehicle is theft; any violation of section 651; any violation of section 702, 703 or 708; or attempts thereat. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this paragraph is a Class C crime;
B. Having custody of a vehicle pursuant to an agreement between the person and the owner of the vehicle whereby the person or another is to perform for compensation a specific service for the owner involving the maintenance, repair or use of the vehicle, the person intentionally uses or operates the vehicle, without the consent of the owner, for the person's own purposes in a manner constituting a gross deviation from the agreed purpose. Violation of this paragraph is a Class D crime;
B-1. The person violates paragraph B and the person has 2 prior Maine convictions for any combination of the following: theft; any violation of section 401 in which the crime intended to be committed inside the structure is theft; any violation of section 405 in which the crime intended to be committed inside the motor vehicle is theft; any violation of section 651; any violation of section 702, 703 or 708; or attempts thereat. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this paragraph is a Class C crime;
C. Having custody of property pursuant to a rental or lease agreement with the owner of the property or a borrower's agreement with a library or museum whereby the property is to be returned to the owner at a specified time and place, the person knowingly fails to comply with the agreed terms concerning return of such property without the consent of the owner, for so lengthy a period beyond the specified time for return as to render the retention or possession or other failure to return a gross deviation from the agreement. For purposes of this paragraph, proof that the person fails to return the property within 5 days of receiving a written demand from the owner, mailed by certified or registered mail or delivered by hand after the expiration of the rental period to the most current address known to the owner, gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 of a gross deviation from the agreement. Violation of this paragraph is a Class D crime; or
D. The person violates paragraph C and the person has 2 prior Maine convictions for any combination of the following: theft; any violation of section 401 in which the crime intended to be committed inside the structure is theft; any violation of section 405 in which the crime intended to be committed inside the motor vehicle is theft; any violation of section 651; any violation of section 702, 703 or 708; or attempts thereat. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this paragraph is a Class C crime.
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:
A. Real or personal income-producing property, tools of trade, governmental entitlement specifically treated as exempt assets by state or federal law;
B. Actual work-related expenses, whether itemized or by standard deduction, such as taxes, retirement fund contributions, union dues, transportation costs to and from work, special equipment costs and child care expenses; or
C. Earned income of children below the age of 18 years who are full-time students and who are not working full time.
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:
D. Except as provided in this paragraph, a vehicle may not be equipped with or display a blue light.
(1) Emergency lights used on the following vehicles must emit a blue light or a combination of blue and white light: a police vehicle; a Department of Corrections vehicle as described in subsection 1, paragraph B, subparagraph (6); a vehicle operated by a chief of police, a sheriff or a deputy sheriff; and a vehicle operated by a qualified deputy sheriff or other qualified individual performing court security-related functions and services.
(2) Emergency lights used on an ambulance, an emergency medical service vehicle, a fire department vehicle, a fire vehicle or a hazardous material response vehicle may include one blue light mounted at the rear of the vehicle so that the light is visible to approaching traffic.
(3) The taillight of a vehicle, or replica of a vehicle, manufactured prior to 1952 and registered under section 457, may contain a blue or purple insert of not more than one inch in diameter.
Sec. C-9. 29-A MRSA §2054, sub-§2, ¶F, as amended by PL 2003, c. 78, §2, is further amended to read:
F. Only vehicles listed in this paragraph, rural mail vehicles as provided in paragraph C, subparagraph (5) and school buses may be equipped with, display or use a red auxiliary or emergency light.
(1) Emergency lights used on an ambulance, an emergency medical service vehicle, a fire department vehicle, a fire vehicle or a hazardous material response vehicle must emit a red light or a combination of red and white light
and may be equipped with one blue light mounted at the rear of the vehicle so that the light is visible to approaching traffic.
(2) The municipal officers or a municipal official designated by the municipal officers, with the approval of the fire chief, may authorize an active member of a municipal or volunteer fire department to use a flashing red signal light not more than 5 inches in diameter on a vehicle. The light may be displayed but may be used only while the member is en route to or at the scene of a fire or other emergency. The light must be mounted as near as practicable above the registration plate on the front of the vehicle or on the dashboard. A light mounted on the dashboard must be shielded so that the emitted light does not interfere with the operator's vision.
(3) Members of an emergency medical service licensed by Maine Emergency Medical Services may display and use on a vehicle a flashing red signal light of the same proportion, in the same location and under the same conditions as those permitted municipal and volunteer firefighters, when authorized by the chief official of the emergency medical service.
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:
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:
A certain lot or parcel of land situated in the Town of Falmouth, County of Cumberland, and State of Maine bounded and described as follows:
Beginning at a granite monument on the southerly bank of the Presumpscot River which monument marks the Falmouth-Portland Town line;
Thence south 31 degrees, 28
feet minutes, 15 inches seconds west along said Falmouth-Portland Town line, 1,409.32 feet to a granite monument;
Thence north 58 degrees, 27
feet minutes, 10 inches seconds west along said Falmouth-Portland Town line, 1,047.77 feet to a granite monument;
Thence north 30 degrees, 42
feet minutes, 40 inches seconds east along said Falmouth-Portland Town line, 290.49 feet to a granite monument;
Thence north 59 degrees, 9
feet minutes, 11 inches seconds west along said Falmouth-Portland Town line, 482.24 feet to a granite monument and the Maine Turnpike spur;
Thence north 64 degrees, 31
feet minutes, 49 inches seconds east along said Turnpike Spur, 1,690.60 feet to the Presumpscot River;
Thence southeasterly along said Presumpscot River 700 feet more or less to the point of beginning.
The territory described above includes all of the land, buildings, intertidal land, submerged land, freshwater or saltwater ponds and river beds, generally referred to as the Adams/Wolfe property, containing 37.73 acres, more or less.
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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