PUBLIC LAWS
Second Regular Session of the 122nd

CHAPTER 683, PART A

     Sec. A-1. 2 MRSA §6, sub-§2, as amended by PL 2005, c. 405, Pt. D, §1 and c. 412, §1, is repealed and the following enacted in its place:

     2. Range 90. The salaries of the following state officials and employees are within salary range 90:

Superintendent of Financial Institutions;
State Tax Assessor;
Superintendent of Insurance;
Executive Director of the Maine Consumer Choice Health Plan;
Deputy Commissioner, Department of Administrative and Financial Services;
Associate Commissioner for Adult Services, Department of Corrections;
Associate Commissioner for Juvenile Services, Department of Corrections;
Public Advocate;
Deputy Commissioner of Integrated Services, Department of Health and Human Services;
Deputy Commissioner of Health, Integrated Access and Strategy, Department of Health and Human Services;
Chief Information Officer;
Associate Commissioner for Legislative and Program Services, Department of Corrections; and
Chief of the State Police.

     Sec. A-2. 2 MRSA §6, sub-§3, as amended by PL 2005, c. 397, Pt. A, §2; c. 405, Pt. D, §2; and c. 412, §2, is repealed and the following enacted in its place:

     3. Range 89. The salaries of the following state officials and employees are within salary range 89:

Director, Bureau of General Services;
Director, Bureau of Alcoholic Beverages and Lottery Operations;
State Budget Officer;
State Controller;
Director of the Bureau of Forestry;
Director, State Planning Office;
Director, Energy Resources Office;
Director of Human Resources;
Director, Bureau of Parks and Lands; and
Director of Econometric Research.

     Sec. A-3. 4 MRSA §807-A, 2nd ¶, as amended by PL 2005, c. 218, §1 and c. 332, §1, is repealed and the following enacted in its place:

     Upon promulgation of and in accordance with rules adopted by the Supreme Judicial Court, employees of the Department of Administrative and Financial Services, 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 a provision of Title 36.

     Sec. A-4. 5 MRSA §95, sub-§10-C, as amended by PL 1991, c. 837, Pt. A, §9, is further amended to read:

     10-C. Legislative records. To receive Legislative legislative records, the. The Secretary of the Senate and the Clerk of the House of Representatives shall obtain the noncurrent records of the Legislature and of each legislative committee at the close of each Legislature and transfer them to the Maine State Archives for preservation, subject to the orders of the Senate or the House of Representatives, respectively, and subject to schedules established in consultation with the Executive Director of the Legislative Council;

     Sec. A-5. 5 MRSA §957, sub-§4, as repealed and replaced by PL 1991, c. 591, Pt. III, §10, is amended to read:

     4. Funds. The Department of Administration Administrative and Financial Services shall receive and disburse funds made available to the program through the provisions of section 286-A. The Director of the Bureau of Human Resources shall oversee the implementation and administration of the program. Funds made available to the department for the purposes of this section, from any source, may not lapse, but must be carried forward to the next fiscal year to be expended for the same purpose.

     Sec. A-6. 5 MRSA §1507, sub-§6, as amended by PL 1987, c. 395, Pt. A, §18, is further amended to read:

     6. Claims. The Governor shall allocate funds from the account for the payment of claims approved or partially approved by the State Claims Commission under section 1510 1510-A.

     Sec. A-7. 5 MRSA c. 372, as amended, is further amended by repealing the chapter headnote and enacting the following in its place:

PART 17-A
CIVIL SERVICE
CHAPTER 372
STATE CIVIL SERVICE SYSTEM

     Sec. A-8. 5 MRSA c. 373, as amended, is further amended by repealing the chapter headnote and enacting the following in its place:

PART 17-B
COMMUNITY SERVICE
CHAPTER 373
MAINE COMMISSION FOR COMMUNITY SERVICE

     Sec. A-9. 5 MRSA §12004-I, sub-§5, as enacted by PL 1987, c. 786, §5, is amended to read:

     Sec. A-10. 5 MRSA Pt. 19, as amended, is further amended by repealing the Part headnote and enacting the following in its place:

PART 19
RESEARCH AND DEVELOPMENT

     Sec. A-11. 7 MRSA §1034, as amended by PL 2005, c. 294, §18, is further amended to read:

§1034. Inspection

     As a part of an annual plan proposed and approved pursuant to section 1033, subsection 4, the The Maine Potato Board may employ inspectors and may require payments for inspection at a rate and schedule to be established by rule by the commissioner. The commissioner shall develop proposed rules.

     Sec. A-12. 7 MRSA §2902-B, sub-§4, as enacted by PL 2005, c. 270, §3, is reallocated to 7 MRSA §2902-B, sub-§5.

     Sec. A-13. 7 MRSA §2954, sub-§1, as amended by PL 2005, c. 396, §1, is further amended to read:

     1. Commission empowered to establish prices; public hearing. The commission is vested with the power to establish and change, after investigation and public hearing, the minimum wholesale and retail prices to be paid to producers, dealers and stores for milk received, purchased, stored, manufactured, processed, distributed or otherwise handled within the State. The commission shall hold a public hearing prior to the establishing or changing of such minimum prices. The commission may proceed, however, under the emergency rule-making provisions of Title 5, section 8054 without making findings of emergency when the only changes to be made in the minimum prices are to conform with the orders of any federal or other agency duly authorized by law to establish or negotiate producer prices, are to respond to other conditions affecting prevailing Class I, Class II and Class III prices in southern New England or are to reflect the milk handling fee levied and imposed by Title 36, chapter 721. Title 5, section 8054, subsection 3, the 2nd sentence, does not apply to minimum prices adopted under the this subsection. Due notice of the public hearing must be given by publishing notice as provided in Title 5, chapter 375. The commission shall hold such a public hearing not less frequently than once every 12 months to determine whether the minimum wholesale and retail prices then established should be changed. In addition to the data received through the implementation of the information gathering procedures of its rules as a basis for its determinations, the commission shall solicit and seek to receive oral and written testimony at hearings to determine whether the minimum wholesale and retail prices then established should be changed and whether the proposed minimum wholesale and retail prices are just and reasonable.

     Sec. A-14. 10 MRSA §1013, sub-§14, as amended by PL 1997, c. 732, §2, is repealed.

     Sec. A-15. 12 MRSA §8879, sub-§1-A, as enacted by PL 2001, c. 564, §2, is amended to read:

     1-A. Report on changes in ownership of forest land. Using information received under Title 36, section 581-E 581-G, the director shall monitor changes in ownership of parcels of forest land that are 1,000 acres or greater in area within the municipalities of the State and classified under the Maine Tree Growth Tax Law. Using information received under Title 36, sections 581-E and 581-F and 581-G, the director shall monitor the number of parcels classified under the Maine Tree Growth Tax Law and the distribution of parcels by size. The biennial report must include information on the number of parcels, classified by size categories, for the organized and unorganized territories of the State. The information must be presented in a manner that facilitates comparison from year to year.

In assessing changes in forest land ownership, the director shall also consider information reported pursuant to Title 36, sections 305 and 2728. The director shall provide a summary of changes in ownership of forest land in the biennial report.

     Sec. A-16. 12 MRSA §12506, sub-§1, as affected by PL 2003, c. 614, §9 and repealed and replaced by c. 655, Pt. B, §253 and affected by §422, is amended to read:

     1. Permit required. Except as otherwise authorized pursuant to this Part and except as provided in subsections 5 and subsection 5-A, a person may not fish for or possess the following fish using the harvesting methods listed in subsection 2 without a valid permit issued under this section:

A. Alewives;
B. Eels;
C. Suckers;
D. Lampreys; or
E. Yellow perch.

Each day a person violates this subsection, that person commits a Class E crime for which a minimum fine of $50 and an amount equal to twice the applicable license fee must be imposed.

     Sec. A-17. 12 MRSA §12506, sub-§5, as repealed and replaced by PL 2005, c. 397, Pt. E, §8, is repealed.

     Sec. A-18. 12 MRSA §12506, sub-§5-A is enacted to read:

     5-A. Exception to permit requirement. Notwithstanding subsection 1:

A. A person may fish for alewives by use of a dip net or single hook and line for consumption by that person or members of that person's family, provided that the person takes or possesses no more than one bushel in any day and provided also that the alewives are not taken from any waters in which a municipality or other person has been granted exclusive rights under section 6131;
B. A person may fish for or possess alewives from inland waters if that person has been granted fishing rights under section 6131; and
C. A person may take suckers for use as bait for fishing in inland waters as provided in section 12551-A without a permit under subsection 2.

     Sec. A-19. 14 MRSA §6521, first ¶ is amended to read:

     Commissioners in all cases shall make and sign a written return of their proceedings, and make return thereof with their warrant to the court from which it issued. Their report may be confirmed, recommitted or set aside, and new proceedings be had as before. When conformed confirmed, judgment shall must be entered accordingly and recorded by the clerk and by the register of deeds of the district where the estate is.

     Sec. A-20. 17-A MRSA §1348-B, sub-§2, as amended by PL 2005, c. 265, §12 and c. 288, §2, is repealed and the following enacted in its place:

     2. If during the period of deferment the attorney for the State has probable cause to believe that a person who was granted deferred disposition pursuant to section 1348-A has violated a court-imposed deferment requirement, the attorney for the State may move the court to terminate the remainder of the period of deferment and impose sentence. Following notice and hearing, if the attorney for the State proves by a preponderance of the evidence that the person has inexcusably failed to comply with a court-imposed deferment requirement, the court may continue the running of the period of deferment with the requirements unchanged, modify the requirements, add further requirements or terminate the running of the period of deferment and impose a sentencing alternative authorized for the crime to which the person pled guilty. When a person fails to pay the administrative supervision fee as required under section 1348-A, subsection 1, the court may terminate the running of the period of deferment and impose sentence unless the person shows that failure to pay was not attributable to a willful refusal to pay or to a failure on that person's part to make a good faith effort to obtain the funds required for the payment. If the court finds that the person has not inexcusably failed to comply with a court-imposed deferment requirement, the court may order that the running of the period of deferment continue or, after notice and hearing, take any other action permitted under this chapter.

     Sec. A-21. 20-A MRSA §1305-A, first ¶, as enacted by PL 1999, c. 710, §5, is amended to read:

     Notwithstanding section 1302, 1305, 1306, 1307 or 15617 15693, after January 31, 2001, the format of the annual budget of a school administrative district may be changed only in accordance with this section and section 1305-B.

     Sec. A-22. 20-A MRSA §1305-B, first ¶, as enacted by PL 1999, c. 710, §5, is amended to read:

     Notwithstanding sections 1302, 1305, 1306, 1307 and 15617 15693, after January 31, 2001, the procedure for approval of the annual budget of a school administrative district provided under sections 1304 and 1305 may be changed only in accordance with this section and section 1305-A. The budget validation referendum process provided in this section may not be adopted for use in a school administrative district unless the cost center summary budget format provided in section 1305-A is also adopted. A school administrative district using the alternative voting procedures established in section 1305 may reconsider that use only if as part of that reconsideration the voters adopt use of the cost center summary budget format provided in section 1305-A or the cost center summary budget format and the budget validation referendum process provided in this section.

     Sec. A-23. 20-A MRSA §1403, sub-§16, as amended by PL 1983, c. 364, §1, is further amended to read:

     16. General purpose aid. When a school administrative district dissolves, the general purpose aid for the individual municipalities shall must be computed in accordance with chapter 605 606-B.

     Sec. A-24. 20-A MRSA §6051, sub-§1, ¶E, as amended by PL 2001, c. 344, §7, is further amended to read:

E. A determination as to whether the school administrative unit has complied with applicable provisions of the School Finance Act of 1985 and the School Finance Act of 1995 Essential Programs and Services Funding Act; and

     Sec. A-25. 20-A MRSA §6051, sub-§4, ¶E, as enacted by PL 2001, c. 344, §8, is amended to read:

E. A written determination as to whether the school administrative unit has complied with applicable provisions of the School Finance Act of 1985 and the School Finance Act of 1995 Essential Programs and Services Funding Act.

     Sec. A-26. 20-A MRSA §6651, sub-§6, as enacted by PL 1989, c. 414, §17, is amended to read:

     6. Subsidizable cost of operating programs in private secondary schools. The cost of salaries and educational materials attributable to the child care services shall must be calculated on a per-child basis. One hundred percent of the cost per child times the number of children whose parents attend school in the private school shall must be subsidizable as program costs under the School Finance Act of 1985 Essential Programs and Services Funding Act if these costs are paid for by the school administrative unit responsible for educating the student parents.

     Sec. A-27. 20-A MRSA §9703, sub-§5, as amended by PL 1989, c. 911, §2, is further amended to read:

     5. Line-item budget. A line-item budget submitted no later than 90 days prior to the fiscal year in which the program will operate. The proposed budget request may not exceed, on a per student basis, the state average tuition rate for a total of 12 students as provided in sections 5804, 5805 and 15612 15689.

     Sec. A-28. 20-A MRSA §9706, as corrected by RR 1993, c. 1, §50, is amended to read:

§9706. Rule-making authority

     The commissioner shall adopt rules to implement this chapter and the funding scheme under the School Finance Act of 1985 Essential Programs and Services Funding Act.

     Sec. A-29. 20-A MRSA §12733, as repealed and replaced by PL 2005, c. 178, §4 and amended by c. 294, §21, is repealed and the following enacted in its place:

§12733. Activities

     To assist the State in increasing higher education attainment and developing a skilled workforce, the program shall provide career and college transition services to young adults who are not currently enrolling in higher education and who could benefit from enrolling in a community college. These services may include scholarships, internships and other work-based learning experiences; career exploration and planning; assistance in completing the community college application and financial aid processes; academic planning; and information related to continuing higher education beyond the certificate, diploma and associate degree levels, consistent with the student's educational and career objectives. These services must be provided either directly by the program or through referrals to other programs and services available within the Maine Community College System or by other education and service providers. To participate in any of these services, young adults must be enrolled in a public secondary school or a state community college or have recently completed a public secondary education program. The program shall provide those activities and services that best serve the goals of the program as defined in this chapter and the needs of students and the State and that are consistent with the Maine Community College System's goals and resources.

     Sec. A-30. 20-A MRSA §13506, sub-§3-A, ¶B, as corrected by RR 1993, c. 1, §51, is amended to read:

B. The impact on local communities of the School Finance Act of 1985 Essential Programs and Services Funding Act and of implementing increased curriculum and graduation requirements, including recommended ways to meet increased local needs. The commissioner shall estimate projected local costs, including catastrophic costs, and propose alternative methods for meeting those costs, including recommendations for additional state funding of education costs; and

     Sec. A-31. 21-A MRSA §191, sub-§4, as enacted by PL 2005, c. 364, §6, is repealed.

     Sec. A-32. 21-A MRSA §191, as amended by PL 2005, c. 364, §6 and c. 453, §40, is further amended by adding a new paragraph before the last paragraph to read:

     For the purposes of generating an incoming voting list, the central voter registration system must be capable of being sorted so that the Address Confidentiality Program voter codes and the address assigned each voter by the program appear at the end of the alphabetized list and are printed on a separate page of the list.

     Sec. A-33. 22 MRSA §661, as amended by PL 2005, c. 254, Pt. B, §2, is further amended to read:

§661. Public policy

     In the interests of the public health and welfare of the people of this State, it is the declared public policy of this State that a facility licensed by the United States Nuclear Regulatory Commission and situated in the State must be accomplished in a manner consistent with protection of the public health and safety and in compliance with the environmental protection policies of this State. It is the purpose of this chapter, in conjunction with sections 671 to 690; Title 25, sections 51 and 52; and Title 35-A, sections 4331 4351 to 4393, to exercise the jurisdiction of the State to the maximum extent permitted by the United States Constitution and federal law. Nothing in this chapter may be construed as an attempt by the State to regulate radiological health and safety reserved to the Federal Government by reason of the United States Atomic Energy Act of 1954, as amended.

     Sec. A-34. 22 MRSA §3174-T, sub-§11, as repealed and replaced by PL 1999, c. 522, §1 and affected by §2, is amended to read:

     11. Cub Care drug rebate program. Effective October 1, 1999, the department shall enter into a drug rebate agreement with each manufacturer of prescription drugs that results in a rebate equal to that which would be achieved under the federal Social Security Act, Section 1927. These rebate agreements do not include the additional 6 percentage points required under section 3174-R.

     Sec. A-35. 22 MRSA §3174-KK, sub-§3, as reallocated by RR 2005, c. 1, §7, is amended to read:

     3. Fund purposes. Allocations from the fund must prevent any loss of services or increased cost of services to a MaineCare member or a person receiving benefits under the elderly low-cost drug program under section 254 254-D that would otherwise result from insufficient General Fund appropriations, insufficient federal matching funds or any other shortage of funds, changes in federal or state law, rule or policy or the implementation of the federal Medicare Prescription Drug, Improvement, and Modernization Act of 2003.

     Sec. A-36. 22 MRSA §4038-C, sub-§10, as enacted by PL 2005, c. 372, §6, is amended to read:

     10. Limitation. The District Court does not have authority to provide a guardianship subsidy for permanency guardianship under section 4308-D 4038-D.

     Sec. A-37. 23 MRSA c. 19, sub-c. 5-A, as amended, is further amended by repealing the subchapter headnote.

     Sec. A-38. 24 MRSA §2332-A, sub-§2, as amended by PL 1997, c. 777, Pt. B, §1, is further amended to read:

     2. Medicaid and Cub Care programs. Nonprofit service organizations may not consider the availability or eligibility for medical assistance under 42 United States Code, Section 13969, referred to as "Medicaid," or Title 22, section 3174-R 3174-T, referred to as the "Cub Care program," when considering coverage eligibility or benefit calculations for subscribers and covered family members.

A. To the extent that payment for coverage expenses has been made under the Medicaid program or the Cub Care program for health care items or services furnished to an individual, the State is considered to have acquired the rights of the covered subscriber or family member to payment by the nonprofit service organization for those health care items or services. Upon presentation of proof that the Medicaid program or the Cub Care program has paid for covered items or services, the nonprofit service organization shall make payment to the Medicaid program or the Cub Care program according to the coverage provided in the contract or certificate.
B. A nonprofit service organization may not impose requirements on a state agency that has been assigned the rights of an individual eligible for Medicaid or Cub Care coverage and covered by a subscriber contract that are different from requirements applicable to an agent or assignee of any other covered individual.

     Sec. A-39. 24-A MRSA §2744, as amended by PL 2005, c. 121, Pt. I, §§1 and 2 and c. 213, §1 and affected by §3 and amended by c. 214, §1 and affected by §3, is repealed and the following enacted in its place:

§2744. Mental health services

     1. Notwithstanding any provision of a health insurance policy subject to this chapter, whenever the policy provides for payment or reimbursement for services that are within the lawful scope of practice of a professional listed in subsection 2-A, any person covered by the policy is entitled to reimbursement for these services if the services are performed by a physician or a professional listed in subsection 2-A. Payment or reimbursement for services rendered by a professional listed in subsection 2-A, paragraph B, C, D, E or F may not be conditioned upon prior diagnosis or referral by a physician or other health care professional, except when diagnosis of the condition for which the services are rendered is beyond the scope of their licensure.

     2. Nothing in subsection 1 may be construed to require a health insurance policy subject to this chapter to provide for reimbursement of services that are within the lawful scope of practice of a professional listed in subsection 2-A.

     2-A. Subsections 1 and 2 apply with respect to the following types of professionals:

A. A psychologist licensed to practice in this State;
B. A certified social worker licensed for the independent practice of social work in this State;
C. A licensed clinical professional counselor licensed for the independent practice of counseling in this State;
D. A licensed nurse who is certified by the American Nurses' Association as a clinical specialist in adult psychiatric and mental health nursing or as a clinical specialist in child and adolescent psychiatric and mental health nursing;
E. A marriage and family therapist licensed as a marriage and family therapist in this State; and
F. A licensed pastoral counselor licensed as a pastoral counselor in this State.

     3. Mental health services provided by counseling professionals. Except as provided in subsection 1 with regard to reimbursement of clinical professional counselors, pastoral counselors and marriage and family therapists licensed in this State, an insurer that issues individual health care contracts providing coverage for mental health services shall offer coverage for those services when performed by a counseling professional who is licensed by the State pursuant to Title 32, chapter 119 to assess and treat interpersonal and intrapersonal problems, has at least a master's degree in counseling or a related field from an accredited educational institution and has been employed as a counselor for at least 2 years. Any contract providing coverage for the services of counseling professionals pursuant to this section may be subject to any reasonable limitations, maximum benefits, coinsurance, deductibles or exclusion provisions applicable to overall benefits under the contract. This subsection applies to all contracts executed, delivered, issued for delivery, continued or renewed in this State on or after January 1, 1997. For purposes of this subsection, all contracts are deemed renewed no later than the next yearly anniversary of the contract date.

     Sec. A-40. 24-A MRSA §2835, as amended by PL 2005, c. 121, Pt. I, §§3 to 5 and c. 213, §2 and affected by §3 and amended by c. 214, §1 and affected by §3, is repealed and the following enacted in its place:

§2835. Mental health services

     1. Notwithstanding any provision of a health insurance policy or certificate issued under a group policy subject to this chapter, whenever the policy provides for payment or reimbursement for services that are within the lawful scope of practice of a professional listed in subsection 2-A, any person covered by the policy is entitled to reimbursement for these services if the services are performed by a physician or a professional listed in subsection 2-A. Payment or reimbursement for services rendered by a professional listed in subsection 2-A, paragraph B, C, D, E or F may not be conditioned upon prior diagnosis or referral by a physician or other health care professional, except when diagnosis of the condition for which the services are rendered is beyond the scope of their licensure.

     2. Nothing in subsection 1 may be construed to require a health insurance policy subject to this chapter to provide for reimbursement of services that are within the lawful scope of practice of a professional listed in subsection 2-A.

     2-A. Subsections 1 and 2 apply with respect to the following types of professionals:

A. A psychologist licensed to practice in this State;
B. A certified social worker licensed for the independent practice of social work in this State;
C. A licensed clinical professional counselor licensed for the independent practice of counseling in this State;
D. A licensed nurse who is certified by the American Nurses' Association as a clinical specialist in adult psychiatric and mental health nursing or as a clinical specialist in child and adolescent psychiatric and mental health nursing;
E. A marriage and family therapist licensed as a marriage and family therapist in this State; and
F. A licensed pastoral counselor licensed as a pastoral counselor in this State.

     3. Mental health services provided by counseling professionals. Except as provided in subsection 1 with regard to reimbursement of clinical professional counselors, pastoral counselors and marriage and family therapists licensed in this State, an insurer that issues group health care contracts providing coverage for mental health services shall make available coverage for those services when performed by a counseling professional who is licensed by the State pursuant to Title 32, chapter 119 to assess and treat interpersonal and intrapersonal problems, has at least a master's degree in counseling or a related field from an accredited educational institution and has been employed as a counselor for at least 2 years. Any contract providing coverage for the services of counseling professionals pursuant to this section may be subject to any reasonable limitations, maximum benefits, coinsurance, deductibles or exclusion provisions applicable to overall benefits under the contract. This subsection applies to all policies, contracts and certificates executed, delivered, issued for delivery, continued or renewed in this State. For purposes of this subsection, all contracts are deemed renewed no later than the next yearly anniversary of the contract date.

     Sec. A-41. 24-A MRSA §2844, sub-§2, as amended by PL 1997, c. 777, Pt. B, §3, is further amended to read:

     2. Medicaid and Cub Care programs. Insurers may not consider the availability or eligibility for medical assistance under 42 United States Code, Section 13969, referred to as "Medicaid," or Title 22, section 3174-R 3174-T, referred to as the "Cub Care program," when considering coverage eligibility or benefit calculations for insureds and covered family members.

A. To the extent that payment for coverage expenses has been made under the Medicaid program or the Cub Care program for health care items or services furnished to an individual, the State is considered to have acquired the rights of the insured or family member to payment by the insurer for those health care items or services. Upon presentation of proof that the Medicaid program or the Cub Care program has paid for covered items or services, the insurer shall make payment to the Medicaid program or the Cub Care program according to the coverage provided in the contract or certificate.
B. An insurer may not impose requirements on a state agency that has been assigned the rights of an individual eligible for Medicaid or Cub Care coverage and covered by a subscriber contract that are different from requirements applicable to an agent or assignee of any other covered individual.

     Sec. A-42. 24-A MRSA §2849-B, sub-§3, ¶C-1, as enacted by PL 1997, c. 777, Pt. B, §6, is amended to read:

C-1. That person was covered by the Cub Care program under Title 22, section 3174-R 3174-T, and the request for replacement coverage is made while coverage is in effect or within 30 days from the termination of coverage; or

     Sec. A-43. 24-A MRSA §6913, sub-§3, ¶E, as enacted by PL 2005, c. 400, Pt. A, §11, is amended to read:

E. Savings offset payments may not begin until 12 months after Dirigo Health begins providing health insurance coverage;.

     Sec. A-44. 24-A MRSA §6913, sub-§3, ¶G, as enacted by PL 2005, c. 400, Pt. A, §11, is amended to read:

G. Savings offset payments received by Dirigo Health must be pooled with other revenues of the agency in the Dirigo Health Fund established in section 6915; and.

     Sec. A-45. 27 MRSA §69, sub-§3, as enacted by PL 1977, c. 546, §1, is amended to read:

     3. Surplus. The State Librarian may sell copies of each history that are not distributed under subsection 2. The State Librarian shall fix the price of sale at the retail price of the history. The Maine State Museum may sell these copies through its museum sales program, provided except that the proceeds from the sale of these town histories shall may not be used as required under section 89, and the complimentary publications required by that section shall not be required 89-A. All proceeds from the sales of these town histories shall must be used to pay the costs of the distribution required under subsection 2, and any proceeds beyond these costs shall must be used to meet the costs of purchase under subsection 1.

     Sec. A-46. 28-A MRSA §1361, sub-§4, as amended by PL 1997, c. 373, §116, is further amended to read:

     4. No sales of malt liquor or wine to person without wholesale license. No certificate of approval holder, except a small Maine brewery or Maine farm winery licensee allowed to sell directly to retailers, may sell or cause to be transported into the State any malt liquor or wine to any person to whom a Maine wholesale license has not been issued by the bureau. Malt liquor or wine must be delivered to the place of business of the wholesaler as shown in the wholesaler's license, must be unloaded and inventoried at the wholesaler's premises upon the wholesaler's receipt of the shipment and must come to rest before delivery is made to any retailer to enable the bureau to inspect and inventory wholesale warehouses for the purpose of verifying taxes that are required to be paid on malt liquor and wine purchased by importers.

     Sec. A-47. 29-A MRSA §523, sub-§5, ¶Q, as amended by PL 2005, c. 420, §1 and c. 433, §8 and affected by §28, is repealed and the following enacted in its place:

Q. Kosovo Service Medal;

     Sec. A-48. 29-A MRSA §523, sub-§5, ¶R, as enacted by PL 2005, c. 420, §2 and c. 433, §9 and affected by §28, is repealed and the following enacted in its place:

R. Korea Defense Service Medal;

     Sec. A-49. 29-A MRSA §752-A, as enacted by PL 2005, c. 433, §11 and affected by §28, is repealed and the following enacted in its place:

§752-A. Exempted odometer information

     A vehicle's odometer reading is not required to be disclosed on transfers of the following vehicles:

     1. Not self-propelled. A vehicle that is not self-propelled; or

     2. Ten years old. A vehicle that is 10 years old or older.

     Notwithstanding any other provisions of this Title, the Secretary of State may require odometer information for any vehicle, as set forth in section 752, upon showing by records or other sufficient evidence that vehicle mileage discrepancies exist.

     Sec. A-50. 30-A MRSA §66-A, sub-§2, ¶C, as enacted by PL 2003, c. 291, §2, is amended to read:

C. Commissioner District Number 3, in the County of Aroostook, consists of the minor civil divisions of Allagash, Caswell, Cyr Plantation, Eagle Lake, Fort Kent, Frenchville, Grand Isle, Hamlin, Limestone, Madawaska, Nashville Plantation, New Canada, New Sweden, Perham, Portage Lake, St. Agatha, St. Francis, St. John Plantation, Stockholm, Van Buren, Wade, Wallagrass, Westmanland, Winterville Plantation and Woodland and the unorganized territories of Connor and Square Lake. The term of office of the county commissioner from this district expires in 2004 and every 4 years thereafter.

     Sec. A-51. 30-A MRSA §3754-A, sub-§5, ¶D, as amended by PL 2005, c. 247, §2 and c. 424, §4, is repealed and the following enacted in its place:

D. Junkyard and automobile graveyard owners must demonstrate at the time of licensing that the facility or facilities for which they seek permits are, or are part of, a viable business entity and the facility or facilities are actively engaged in the business of salvaging, recycling, dismantling, processing, repairing or rebuilding junk or vehicles for the purpose of sale or trade;

     Sec. A-52. 30-A MRSA §3755-A, sub-§3, ¶H, as amended by PL 2005, c. 247, §5 and affected by §7, is further amended to read:

H. Dismantling of a vehicle must be performed in accordance with the following standards.

(1) Batteries must be removed.
(2) All fluids, including but not limited to engine lubricant, transmission fluid, brake fluid, power steering fluid, hydraulic fluid, engine coolant, gasoline, diesel fuel and oil, must be drained into watertight, covered containers and must be recycled or disposed of in accordance with applicable federal and state laws, rules and regulations.
(3) Fluids from a vehicle may not be permitted to flow or be discharged into or onto the ground.
(4) Storage, recycling or disposal of all fluids, refrigerant, batteries and mercury switches must comply with all applicable federal and state laws, rules and regulations.
(5) A log must be maintained of all motor vehicles handled that includes the date each vehicle was acquired, a copy of the vehicle's title or bill of sale and the date or dates upon which all fluids, refrigerant, batteries and mercury switches were removed.
(6) All fluids, refrigerant, batteries and mercury switches must be removed from motor vehicles that lack engines or other parts that render the vehicles incapable of being driven under their own motor power or that are otherwise incapable of being driven under their own motor power within 180 days of acquisition. Motor vehicles acquired by and on the premises of an automobile recycling business prior to October 1, 2005 must have all fluids, refrigerant, batteries and mercury switches removed by January 1, 2007. Fluids required to be removed under this subparagraph must be removed to the greatest extent practicable.
(7) All fluids, refrigerant, batteries and mercury switches must be removed from vehicles before crushing or shredding. Fluids required to be removed under this subparagraph must be removed to the greatest extent practicable.

     Sec. A-53. 30-A MRSA §6006-F, sub-§3, ¶G, as amended by PL 2005, c. 386, Pt. L, §2, is further amended to read:

G. To invest as a source of revenue or security for the payment of principal and interest on general or special obligations of the bank if the proceeds of the sale of the obligations have been deposited in the fund, or if the proceeds of the sale of the obligations are used for the purposes authorized in paragraph A and certified under subsection 5, or as a source of revenue to subsidize the school administrative unit loan payment obligations; and

     Sec. A-54. 30-A MRSA §6006-F, sub-§3, ¶H, as amended by PL 2005, c. 272, §1 and c. 386, Pt. L, §2, is repealed and the following enacted in its place:

H. To pay the costs of the bank and the Department of Education associated with the administration of the fund and projects financed by the fund, except that no more than the lesser of 2% of the aggregate of the highest fund balances in any fiscal year and 4% of the combined value of any capitalization grants provided by the United States for deposit in the fund may be used for these purposes. The Commissioner of Education is authorized to receive revenue from the fund administered by the bank. Funds provided to the Department of Education from the fund must be deposited in a nonlapsing dedicated account to be used to carry out the purposes of this section; and

     Sec. A-55. 30-A MRSA §6006-F, sub-§3, ¶I, as amended by PL 2005, c. 272, §1 and repealed by c. 386, Pt. L, §3, is repealed.

     Sec. A-56. 31 MRSA c. 3, as amended, is further amended by repealing the chapter headnote.

     Sec. A-57. 34-B MRSA §1207, sub-§1, ¶H, as enacted by PL 2003, c. 563, §3, is amended to read:

H. The names and dates of death of individuals who died while patients at the Augusta Mental Health Institute, the Bangor Mental Health Institute, the Dorothea Dix Psychiatric Center or the Riverview Psychiatric Center may be made available to the public in accordance with rules adopted by the department. The rules must require the department to notify the public regarding the release of the information and to maintain the confidentiality of information concerning any deceased individual whose surviving relatives notify the department that they object to public disclosure. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

     Sec. A-58. 34-B MRSA §1217, as enacted by PL 1991, c. 9, Pt. E, §18, is amended to read:

§1217. Application of consent decree

     It is the intent of the Legislature that the principles of the consent decree issued on August 2, 1990 by the Superior Court, Kennebec County, in Civil Action Docket No. 89-88 as they relate to the development of a comprehensive mental health system apply to all persons with severe and prolonged mental illness. The individualized support plan process as contained in the decree in paragraphs 49 through 74, to the extent possible and within available resources, must be applicable to current and future patients of the former Bangor Mental Health Institute and the Dorothea Dix Psychiatric Center. In addition, patient assessments must be provided to Bangor Mental Health Institute and Dorothea Dix Psychiatric Center patients beginning July 1, 1991 and must be completed quarterly until individualized support plan implementation is developed.

     Sec. A-59. 35-A MRSA §7104, sub-§5, as amended by PL 2005, c. 305, §1 and c. 336, §3, is repealed and the following enacted in its place:

     5. Funds for Communications Equipment Fund. The commission shall annually transfer $85,000 from a state universal service fund established pursuant to this section to the Communications Equipment Fund established under Title 26, section 1419-A.

If the Department of Labor, Bureau of Rehabilitation Services does not receive from federal or other sources funds in addition to the $85,000 sufficient to carry out the purposes of Title 26, section 1419-A, the commission, at the request of the Department of Labor, Bureau of Rehabilitation Services, may transfer from the state universal service fund to the Communications Equipment Fund an additional $37,500.
The commission may, upon the request of the Department of Labor, Bureau of Rehabilitation Services and after a finding that the funds are necessary and that sufficient attempts have been made by the Bureau of Rehabilitation Services to maximize federal support to support emergency alert telecommunications service, transfer up to $60,000 in fiscal year 2005-06, up to $90,000 in fiscal year 2006-07 and up to $120,000 in any subsequent fiscal year from the state universal service fund established by this section to the Communications Equipment Fund established under Title 26, section 1419-A for the exclusive purpose of supporting the discount program established under Title 26, section 1419-A, subsection 6.
The commission may require contributions to the state universal service fund in an amount necessary to collect amounts transferred pursuant to this subsection.

     Sec. A-60. 36 MRSA §191, sub-§2, ¶BB, as amended by PL 2005, c. 332, §7; c. 395, §1; and c. 396, §5, is repealed and the following enacted in its place:

BB. The disclosure to an authorized representative of the Department of Health and Human Services, Office of Child Care and Head Start of taxpayer information directly relating to the certification of investments eligible for or the eligibility of a taxpayer for the quality child care investment credit provided by section 5219-Q;

     Sec. A-61. 36 MRSA §191, sub-§2, ¶CC, as amended by PL 2005, c. 332, §8; c. 395, §2; and c. 396, §6, is repealed and the following enacted in its place:

CC. The disclosure to an authorized representative of the Department of Professional and Financial Regulation of information necessary for the administration of Title 10, chapter 222;

     Sec. A-62. 36 MRSA §191, sub-§2, ¶FF, as enacted by PL 2005, c. 332, §9, is amended to read:

FF. The disclosure to the Department of the Secretary of State, Bureau of Motor Vehicles of whether the person seeking registration of a vehicle has paid the tax imposed by Part 3 with respect to that vehicle; and

     Sec. A-63. 36 MRSA §191, sub-§2, ¶GG, as enacted by PL 2005, c. 332, §9, is amended to read:

GG. The disclosure to the Department of Inland Fisheries and Wildlife, Bureau of Administrative Services of whether the person seeking registration of a snowmobile, all-terrain vehicle or watercraft has paid the tax imposed by Part 3 with respect to that snowmobile, all-terrain vehicle or watercraft.;

     Sec. A-64. 36 MRSA §191, sub-§2, ¶HH, as reallocated by RR 2005, c. 1, §18, is amended to read:

HH. The disclosure to an authorized representative of a municipality that has adopted a municipal property tax assistance program under chapter 907-A of information related to a claimant's receipt of benefits under chapter 907. This paragraph does not authorize the disclosure of a claimant's income. A municipality receiving information under this paragraph shall keep the information confidential.; and

     Sec. A-65. 36 MRSA §1603, sub-§1, ¶A, as amended by PL 1995, c. 565, §1, is further amended to read:

A. The cost of education, as would be determined by the Maine School Finance Act of 1995 Essential Programs and Services Funding Act if the unorganized territory were a municipality;

     Sec. A-66. PL 2005, c. 12, Pt. III, §35, amending clause is amended to read:

     Sec. III-35. 12 MRSA §12953, sub-§7, as affected by PL 2003, c. 614, §9 and amended by c. 655, Pt. B, §346 and affected by §422, is further amended to read:

     Sec. A-67. PL 2005, c. 109, §1, amending clause is amended to read:

     Sec. 1. 8 MRSA §1036, sub-§2, ¶F, as enacted by PL 2003, c. 687, Pt. A, §5 and affected by Pt. D B, §11, is amended to read:

     Sec. A-68. PL 2005, c. 216, §2 is amended to read:

     Sec. 2. Staggered terms. Notwithstanding the Maine Revised Statutes, Title 34-A, section 3002 3001-A, the terms of members of boards of visitors appointed pursuant to Title 34-A, section 3002 3001-A during the first year following the effective date of this Act must be staggered and be for 1, 2 or 3 years.

     Sec. A-69. PL 2005, c. 216, §3 is amended to read:

     Sec. 3. Application. Notwithstanding the Maine Revised Statutes, Title 34-A, section 3002 3001-A, subsection 1, paragraph C, a current member of a board of visitors who is an employee of the Department of Corrections may continue to serve on a board until March 15, 2006 or until a new member is appointed, whichever is sooner.

     Sec. A-70. PL 2005, c. 397, Pt. A, §31, amending clause is amended to read:

     Sec. A-31. 30-A MRSA §4314, sub-§3, ¶E, as amended by PL 2003, c. 595, §1 and c. 614 641, §4, is repealed and the following enacted in its place:

     Sec. A-71. PL 2005, c. 397, Pt. B, §3 is amended to read:

     Sec. B-3. 7 MRSA §1809, sub-§1, as repealed and replaced by PL 2001, c. 572, §38, is amended to read:

     1. Permit required. The commissioner may require a person who imports animals into the State to obtain a permit before the time of entry. When a permit is required, the permit or permit number must accompany the shipment. The commissioner may refuse to grant a permit or may issue one subject to quarantine at destination if the animals do not meet importation requirements or do not comply with the inland fisheries and wildlife laws and rules adopted by the Commissioner of Inland Fisheries and Wildlife under Title 12, chapter 707 915, subchapter 7 15 or Title 12, section 12102 or 12704. The commissioner may require the owner to have those animals tested or examined by a veterinarian at the owner's expense. The commissioner may release those animals from quarantine only after the commissioner is satisfied that they are not a disease threat to other animals or humans.

When an animal is brought into the State without a required permit, the commissioner or the Commissioner of Inland Fisheries and Wildlife may condemn the animal and order it euthanized without indemnity.

     Sec. A-72. PL 2005, c. 401, Pt. C, §6 is amended to read:

     Sec. C-6. 22 MRSA §3174-G, sub-§1-C, as enacted by PL 2001, c. 650, §3, is amended to read:

     1-C. Prescription drug waiver program. Except as provided in paragraph G, the department shall apply to the federal Centers for Medicare and Medicaid Services for a waiver or amend a pending or current waiver under the Medicaid program authorizing the department to use federal matching dollars to enhance the prescription drug benefits available to persons who qualify for the elderly low-cost drug program established under section 254 254-D. The program created pursuant to the waiver is the prescription drug waiver program, referred to in this subsection as the "program."

A. As funds permit, the department has the authority to establish income eligibility levels for the program up to and including 200% of the federal nonfarm income official poverty level, except that for individuals in households that spend at least 40% of income on unreimbursed direct medical expenses for prescription medications, the income eligibility level is increased by 25%.
B. To the extent reasonably achievable under the federal waiver process, the program must include the full range of prescription drugs provided under the Medicaid program on the effective date of this subsection and must limit copayments and cost sharing for participants. If cost sharing above the nominal cost sharing for the Medicaid program is determined to be necessary, the department may use a sliding scale to minimize the financial burden on lower-income participants.
C. Coverage under the program may not be less beneficial to persons who meet the qualifications of former section 254 than the coverage available under that section on September 30, 2001.
D. In determining enrollee benefits under the program, to the extent possible, the department shall give equitable treatment to coverage of prescription medications for cancer, Alzheimer's disease and behavioral health.
E. The department is authorized to provide funding for the program by using funds appropriated or allocated to provide prescription drugs under sections 254 254-D and 258.
F. The department is authorized to amend the waiver or adjust program requirements as necessary to take advantage of enhanced federal matching funds that may become available.
G. If, upon thorough analysis, the department determines that a waiver under this subsection is not feasible or would not significantly benefit participants in the elderly low-cost drug program, the department may decide not to pursue the waiver. Within 30 days of a decision not to proceed with a waiver and before taking action on that decision, the department shall report to the joint standing committee of the Legislature having jurisdiction over health and human services matters and shall provide a detailed analysis of the reasons for reaching that decision.

     Sec. A-73. Resolve 2005, c. 16, §2 is amended to read:

     Sec. 2. Report. Resolved: That the Department of Administration Administrative and Financial Services, Division of Purchases shall report to the Joint Standing Committee on State and Local Government by January 15, 2006 on the information obtained pursuant to section 1.

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