CHAPTER 278
H.P. 1031 - L.D. 1404
An Act Concerning Representation of the State in Disclosure Hearings
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, in order for the Department of the Attorney General to more efficiently serve and represent the State, this legislation needs immediate enactment; 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. 4 MRSA §807, sub-§3, ¶L, as amended by PL 1999, c. 139, §2, is further amended to read:
L. A person who is not an attorney, but who is representing the Department of Agriculture, Food and Rural Resources in accordance with Title 7, section 3909, subsection 2; or
Sec. 2. 4 MRSA §807, sub-§3, ¶M, as enacted by PL 1999, c. 139, §3, is amended to read:
M. A law enforcement officer, as defined in Title 29-A, section 101, subsection 30, who is not an attorney but who is representing the State in the prosecution of a traffic infraction, as defined in Title 29-A, section 101, subsection 85, when representation in that matter has been approved by the prosecuting attorney.; or
Sec. 3. 4 MRSA §807, sub-§3, ¶N is enacted to read:
N. A person who is not an attorney, but is representing the State under section 807-A.
Sec. 4. 4 MRSA §807-A, as amended by PL 1997, c. 526, §14, is further amended to read:
§807-A. Representation by Bureau of Unemployment Compensation, Department of the Attorney General or Bureau of Revenue Services employees
Upon the promulgation of and in accordance with rules adopted by the Supreme Judicial Court, employees of the Bureau of Unemployment Compensation may serve civil process and represent the bureau in District Court in disclosure proceedings pursuant to Title 14, chapter 502, ancillary to the collection of taxes and overpayments for which warrants have been issued pursuant to Title 26, chapter 13.
Upon promulgation of and in accordance with rules adopted by the Supreme Judicial Court, employees of the Bureau of Revenue Services may serve civil process and represent the bureau in District Court in disclosure proceedings pursuant to Title 14, chapter 502, ancillary to the collection of taxes for which warrants have been issued pursuant to Title 36, and may represent the State Tax Assessor in arraignment proceedings in District Court in cases in which a criminal complaint has been filed alleging violation of Title 36, section 2113, 3234 or 5332.
Upon the promulgation of and in accordance with rules adopted by the Supreme Judicial Court, employees of the Department of the Attorney General may serve civil process and represent the State in District Court in disclosure proceedings pursuant to Title 14, chapter 502.
If the Supreme Judicial Court adopts rules under this section, the rules must include the establishment of standards and a method to certify employees of the Bureau of Unemployment Compensation, the Department of the Attorney General and the Bureau of Revenue Services who may represent the State in court under this section as being familiar with court procedures.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective May 23, 2003.
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