Public Laws

124th Legislature

First Regular Session


Parts: A B

Chapter 369

H.P. 873 - L.D. 1254

PART A

Sec. A-1. 5 MRSA c. 165, as amended, is repealed.

Sec. A-2. 5 MRSA c. 316, as amended, is repealed.

Sec. A-3. 5 MRSA 12004-A, sub-6, as repealed and replaced by PL 1991, c. 397, 1, is repealed.

Sec. A-4. 5 MRSA 12004-G, sub-4, as enacted by PL 1987, c. 786, 5, is repealed.

Sec. A-5. 5 MRSA 12004-G, sub-14-E, as enacted by PL 2005, c. 12, Pt. PP, 2, is repealed.

Sec. A-6. 5 MRSA 12004-I, sub-18-E, as enacted by PL 2003, c. 710, 1, is repealed.

Sec. A-7. 5 MRSA 12004-I, sub-24, as amended by PL 2003, c. 414, Pt. B, 9 and affected by c. 614, 9, is repealed.

Sec. A-8. 5 MRSA 12004-I, sub-47-F, as enacted by PL 2003, c. 465, 2, is repealed.

Sec. A-9. 5 MRSA 12004-I, sub-57-D, as enacted by PL 1999, c. 85, 1, is repealed.

Sec. A-10. 5 MRSA 12004-J, sub-10, as enacted by PL 1991, c. 417, 2, is repealed.

Sec. A-11. 5 MRSA 12006, sub-2, as amended by PL 2007, c. 395, 23, is further amended to read:

2.Legislative repeal of inactive boards. The Secretary of State shall submit suggested legislation to the joint standing committee of the Legislature having jurisdiction over state government matters on or before January 15th 30th in the first regular session of each biennium to repeal those boards that have not reported on their activities to the Secretary of State under this section or section 12005-A during either of the prior 2 calendar years or have been inactive during the preceding 24 months. The joint standing committee of the Legislature having jurisdiction over state government matters may submit legislation to the first regular session of each biennium to repeal those boards.

Sec. A-12. 5 MRSA 12006, sub-3, C, as enacted by PL 2003, c. 643, 6, is amended to read:

C. State Poet Laureate Advisory Selection Committee, as established in section 12004-I, subsection 5-A; and

Sec. A-13. 5 MRSA 12006, sub-3, D, as enacted by PL 2003, c. 643, 6, is amended to read:

D. Board of Emergency Municipal Finance, as established in Title 30-A, section 6101 . ;

Sec. A-14. 5 MRSA 12006, sub-3, E is enacted to read:

E. State Compensation Commission, as established in Title 3, section 2-B;

Sec. A-15. 5 MRSA 12006, sub-3, F is enacted to read:

F. Maine-Canadian Legislative Advisory Commission, as established in Title 3, section 227;

Sec. A-16. 5 MRSA 12006, sub-3, G is enacted to read:

G. New England and Eastern Canada Legislative Commission, as established in Title 3, section 231;

Sec. A-17. 5 MRSA 12006, sub-3, H is enacted to read:

H. State House and Capitol Park Commission, as established in Title 3, section 901-A; and

Sec. A-18. 5 MRSA 12006, sub-3, I is enacted to read:

I. Maine Agricultural Bargaining Board, as established in Title 13, section 1956.

Sec. A-19. 5 MRSA c. 407, sub-c. 2, as amended, is repealed.

Sec. A-20. 7 MRSA 1, as amended by PL 1995, c. 693, 3, is further amended to read:

1. Department of Agriculture, Food and Rural Resources

The Department of Agriculture, Food and Rural Resources, is established and is maintained for the improvement of agriculture and the advancement of the interests of husbandry. The Department of Agriculture, Food and Rural Resources is referred to in this Title as the "department" and consists of the Commissioner of Agriculture, Food and Rural Resources, in this Title called the "commissioner," and the following: The Aroostook Water and Soil Management Board, the Board of Pesticide Control, the Maine Milk Commission, the Maine Potato Board, the Seed Potato Board, the Harness Racing Commission and the Board of Veterinary Medicine. The commissioner is appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over agriculture matters and to confirmation by the Legislature, and holds office during the pleasure of the Governor. The commissioner is entitled to receive actual expenses incurred in the performance of the commissioner's official duties. The commissioner may employ such clerical labor as may be required, subject to the Civil Service Law, and may expend such sums for postage, telephone, telegraph and other general office expenses as may be necessary in the performance of the commissioner's duties, the same to be paid out of any money appropriated by the Legislature for such purpose.

Sec. A-21. 7 MRSA c. 11, as amended, is repealed.

Sec. A-22. 10 MRSA 8001, sub-38, as amended by PL 2007, c. 369, Pt. B, 2 to 6 and affected by Pt. C, 5 and amended by c. 402, Pt. C, 1, is further amended to read:

38.Office of Licensing and Registration. Office of Licensing and Registration. The Office of Licensing and Registration is composed of the following:
A. Board of Accountancy;
D. Maine State Board for Licensure of Architects, Landscape Architects and Interior Designers;
E. Maine Athletic Commission;
F. Board of Licensing of Auctioneers;
G. Board of Barbering and Cosmetology;
H. Board of Chiropractic Licensure;
H-1. Board of Complementary Health Care Providers;
I. Board of Driver Education;
J. Board of Counseling Professionals Licensure;
K. Board of Licensing of Dietetic Practice;
L. Electricians' Examining Board;
M. Board of Licensure of Foresters;
N. State Board of Funeral Service;
O. State Board of Certification for Geologists and Soil Scientists;
Q. Board of Licensure for Professional Land Surveyors;
R. Manufactured Housing Board;
S. Nursing Home Administrators Licensing Board;
T. Board of Occupational Therapy Practice;
U. Oil and Solid Fuel Board;
V. Maine Board of Pharmacy;
W. Board of Examiners in Physical Therapy;
Y. Plumbers' Examining Board;
Z. Board of Licensure of Podiatric Medicine;
AA. State Board of Examiners of Psychologists;
BB. Radiologic Technology Board of Examiners;
CC. Board of Real Estate Appraisers;
DD. Board of Respiratory Care Practitioners;
EE. State Board of Social Worker Licensure;
GG. State Board of Alcohol and Drug Counselors;
HH. State Board of Veterinary Medicine;
II. Propane and Natural Gas Board;
JJ. Real Estate Commission;
KK. Board of Boiler Rules;
LL. Board of Elevator and Tramway Safety; and
MM.Board of Speech-language Pathology, Audiology and Hearing Aid Dealing and Fitting.

The Office of Licensing and Registration also administers the following regulatory functions: licensure of athletic trainers; licensure of massage therapists; licensure of interpreters for the deaf and hard-of-hearing; licensure of persons pursuant to the Charitable Solicitations Act; and licensure of transient sellers, including door-to-door home repair transient sellers ; and licensure of persons pursuant to the Barbering and Cosmetology Licensure Act.

Sec. A-23. 12 MRSA 6024, sub-1-A, as amended by PL 2007, c. 695, Pt. K, 1, is further amended to read:

1-A.Appointment; composition; term; compensation. The Marine Resources Advisory Council, established by Title 5, section 12004-G, subsection 27, consists of 16 members. The chair of the Lobster Advisory Council, the chair of the Marine Recreational Fishing Advisory Council, the chair of the Sea Run Fisheries and Habitat Advisory Council, the chair of the Sea Urchin Zone Council and the chair of the Shellfish Advisory Council are ex officio members of the council. Each other member is appointed by the Governor and is subject to review by the joint standing committee of the Legislature having jurisdiction over marine resources matters and to confirmation by the Legislature. Five members must be persons who are licensed under this Part to engage in commercial harvesting activities. Those 5 members are selected by the Governor from names recommended to the Governor by groups representing commercial harvesting interests. Each member must represent a different commercial harvesting activity, except that none of those 5 members may represent lobster harvesters. The remaining 6 7 members must include one public member, 4 persons who hold a nonharvesting-related license under this Part , one person representing recreational saltwater anglers and one person representing the aquaculture industry. The Governor shall select the person to represent the aquaculture industry from among the names recommended by the aquaculture industry. The composition of the council must reflect a geographical distribution along the coast. All appointed members are appointed for a term of 3 years, except a vacancy must be filled in the same manner as an original member for the unexpired portion of the term. An appointed member may not serve for more than 2 consecutive terms. Appointed members serve until their successors are appointed. The chair of the Lobster Advisory Council, the chair of the Marine Recreational Fishing Advisory Council, the chair of the Sea Run Fisheries and Habitat Advisory Council, the chair of the Sea Urchin Zone Council and the chair of the Shellfish Advisory Council shall serve until a new chair of the Lobster Advisory Council, a new chair of the Marine Recreational Fishing Advisory Council, a new chair of the Sea Run Fisheries and Habitat Advisory Council, a new chair of the Sea Urchin Zone Council or a new chair of the Shellfish Advisory Council, respectively, is chosen. Members are compensated as provided in Title 5, chapter 379.

Sec. A-24. 12 MRSA 6033, as enacted by PL 1999, c. 85, 4, is repealed.

Sec. A-25. 12 MRSA 6034, sub-1, as amended by PL 2005, c. 505, 1, is further 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 16 members, 15 of whom are appointed by the commissioner 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 represent commercial marine harvesting activities;
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 is an ex officio members member 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. A-26. 12 MRSA 10051, 2nd , as enacted by PL 2003, c. 414, Pt. A, 2 and affected by c. 614, 9, is amended to read:

The department consists of the Commissioner of Inland Fisheries and Wildlife, a deputy commissioner, the Bureau of Administrative Services, the Bureau of Resource Management and the Bureau of Warden Service. The department also includes the Advisory Board for the Licensing of Guides , the Junior Maine Guides and Trip Leaders' Curriculum Board and whatever state agencies that are designated. The department is under the control and supervision of the commissioner.

Sec. A-27. 12 MRSA 10154, as enacted by PL 2003, c. 414, Pt. A, 2 and affected by Pt. D, 7 and c. 614, 9 and amended by c. 689, Pt. B, 6, is repealed.

Sec. A-28. 12 MRSA 12860, sub-5, as enacted by PL 2003, c. 414, Pt. A, 2 and affected by c. 614, 9, is amended to read:

5.Curriculum. With the advice of the Junior Maine Guides and Trip Leaders Curriculum Advisory Board, the The commissioner shall review and adopt a trip leader safety course curriculum that includes, but is not limited to:
A. Training in first aid;
B. Training in water safety, including lifesaving techniques as appropriate; and
C. Trip leader qualifications and required experience for the special waiver procedure in subsection 4.

The commissioner shall publish the curriculum adopted or approved by the Junior Maine Guides and Trip Leaders Curriculum Advisory Board and a current list of courses, with the approved curriculum, by name and address.

Sec. A-29. 20-A MRSA 9501, sub-2, as amended by PL 1997, c. 266, 11, is further amended to read:

2.Exemptions. Educational programs related to the real estate professions that are subject to approval under Title 32, chapter 59, commercial driver education schools subject to approval by the Secretary of State under Title 29-A, chapter 11, subchapter III 3, schools of barbering and schools of cosmetology subject to approval by the Board of Barbering and Cosmetology Director of the Office of Licensing and Registration under Title 32, chapter 126, educational programs offered by any Maine nonprofit corporation, any educational programs offered by any professional or trade association primarily for the benefit of its own members and any educational institution authorized by the laws of this State to grant a degree are exempt from the requirements of this chapter.

Sec. A-30. 20-A MRSA 12523, as enacted by PL 2003, c. 710, 2, is repealed.

Sec. A-31. 20-A MRSA 12531, sub-2, as enacted by PL 2005, c. 427, 1, is amended to read:

2.Eligible employment position. "Eligible employment position" means a full-time position within the State as the founder or employee of a technology-based business developed within the Applied Technology Development Center System, as established in Title 5, section 15321, or other statewide recognized economic development entity.

Sec. A-32. 22 MRSA 5107-J, as enacted by PL 2003, c. 465, 4, is repealed.

Sec. A-33. 24-A MRSA 6981, sub-2, as enacted by PL 2007, c. 447, 11, is amended to read:

2.Cooperative agreements. Dirigo Health may enter into voluntary cooperative agreements with a public purchaser for purchasing purposes and administrative functions. If a cooperative agreement is entered into pursuant to this subsection, the self-administered plan and any public purchaser shall maintain separate and distinct risk pools and reserves and may not commingle risk pools or reserve funds under any circumstances. For the purposes of this subsection, "public purchaser" means an entity that purchases health coverage in whole or in part with public funds, including, but not limited to, the state employee health insurance program, the University of Maine System, the Maine Community College System, the Maine Education Association benefits trust, the Maine School Management Association benefits trust and municipal and county governments. For the purposes of this subsection, "public purchaser" does not mean the Department of Health and Human Services, Office of MaineCare Services except for cooperative agreements for the purchasing of pharmaceuticals pursuant to Title 5, section 2031.

Sec. A-34. 34-B MRSA 5439, sub-8, A, as reallocated by PL 2007, c. 695, Pt. A, 41, is amended to read:

A.The commissioner shall:

(1) Ensure the input of consumers, personal assistants and any organization that represents personal assistants regarding providing a livable wage for personal care assistance services. The commissioner may seek input through one or more public hearings or by other means determined reasonable by the commissioner ; and .

(2) Seek advice and input from the Long-term Care Oversight Committee established in Title 22, section 5107-J to determine whether the rates of reimbursement are sufficient for consumers to recruit, hire and retain personal care assistants.

Sec. A-35. 38 MRSA 470-F, as enacted by PL 2001, c. 619, 1, is amended to read:

470-F. Local water use policies encouraged

The department shall encourage and cooperate with state, regional or municipal agencies, boards or organizations in the development and adoption of regional or local water use policies that protect the environment from excessive drawdown of water sources during low-flow periods. The department shall encourage those entities, in developing those policies, to review previously adopted low-flow policies , including any such policies adopted by the Aroostook Water and Soil Management Board established in Title 7, section 332.

Office of the Revisor of Statutes
State House, Room 108
Augusta, ME 04333