Public Laws

124th Legislature

Second Regular Session


Parts: A B C D E F

Chapter 652

H.P. 1292 - L.D. 1805

PART B

Sec. B-1. 7 MRSA §2902-B, sub-§2,  as amended by PL 2005, c. 270, §3, is further amended to read:

2. Sale of unpasteurized milk or milk product at eating establishment.   Except as provided in subsection 4 5, a person may not sell unpasteurized milk or a product made from unpasteurized milk at an eating establishment as defined in Title 22, section 2491, subsection 7.

Sec. B-2. 14 MRSA §6030-C, sub-§1,  as amended by PL 2009, c. 566, §18, is further amended to read:

1. Energy efficiency disclosure.   A landlord or other person who on behalf of a landlord enters into a lease or tenancy at will agreement for residential property that will be used by a tenant or lessee as a primary residence shall provide to potential tenants or lessees a residential energy efficiency disclosure statement in accordance with Title 35A, section 10006 10117, subsection 1 that includes, but is not limited to, information about the energy efficiency of the property.

Sec. B-3. Effective date. That section of this Part that amends the Maine Revised Statutes, Title 14, section 6030C, subsection 1 takes effect 90 days after adjournment of the Second Regular Session of the 124th Legislature.

Sec. B-4. 14 MRSA §8109, sub-§1,  as amended by PL 1991, c. 780, Pt. Y, §114, is further amended to read:

1. Procedures for State.   The State has authority to settle claims filed against it pursuant to section 8104 sections 8104A, 8104B, 8104C and 8104D in accordance with the following procedures.
A. Any agency may settle any claim for an amount of $1,500 or less when such settlement is approved by the appropriate department or agency head in accordance with rules adopted by the Commissioner of Administrative and Financial Services.
B. Any other claim may be settled when such settlement is approved by the head of the department or agency against which the claim is filed, the Commissioner of Administrative and Financial Services and the Attorney General.

Sec. B-5. 14 MRSA §8109, sub-§2,  as amended by PL 1977, c. 78, §116, is further amended to read:

2. Procedures for political subdivisions.   Any political subdivision may settle claims filed against it pursuant to section 8104 sections 8104A, 8104B, 8104C and 8104D in accordance with procedures duly promulgated by its governing body.

Sec. B-6. 22 MRSA §2383, sub-§1,  as amended by IB 2009, c. 1, §3 and PL 2009, c. 67, §3, is repealed and the following enacted in its place:

1 Marijuana.   Except as provided in chapter 558-C, a person may not possess marijuana.
A A person who possesses a usable amount of marijuana commits a civil violation for which a fine of not less than $350 and not more than $600 must be adjudged for possession of up to 1 1/4 ounces of marijuana and a fine of not less than $700 and not more than $1,000 must be adjudged for possession of over 1 1/4 ounces to 2 1/2 ounces of marijuana, none of which may be suspended.

Sec. B-7. 24 MRSA §2961, sub-§3, ķA,  as enacted by PL 1987, c. 646, §§6 and 14, is amended to read:

A. The court, considering the factors established in Maine Bar Rule 3 Rules of Professional Conduct, Rule 1.5 as guides in determining the reasonableness of a fee, finds that the fees permitted by subsection 1 are inadequate to compensate the attorney reasonably for the attorney's services; and

Sec. B-8. 36 MRSA §3203-C,  as amended by PL 2009, c. 496, §20, is further amended to read:

§ 3203-C.  Inventory tax

On the date that any increase in the rate of tax imposed under this chapter takes effect, an inventory tax is imposed upon all distillates that are held in inventory by a supplier, wholesaler or retail dealer as of the end of the day prior to that date on which the tax imposed by section 3203, section subsection 1B has been paid. The inventory tax is computed by multiplying the number of gallons of tax-paid fuel held in inventory by the difference between the tax rate already paid and the new tax rate. Suppliers, wholesalers and retail dealers that hold such tax-paid inventory shall make payment of the inventory tax on or before the 15th day of the next calendar month, accompanied by a form prescribed and furnished by the State Tax Assessor. In the event of a decrease in the tax rate, the supplier, wholesaler or retail dealer is entitled to a refund or credit, which must be claimed on a form designed and furnished by the assessor.

Sec. B-9. Retroactivity. That section of this Part that amends the Maine Revised Statutes, Title 36, section 3203C applies retroactively to July 18, 2008.

Sec. B-10. 36 MRSA §3321, sub-§1,  as amended by PL 2009, c. 413, Pt. W, §4 and affected by §6 and amended by c. 434, §59, is repealed and the following enacted in its place:

1 Generally.   Beginning in 2003, and each calendar year thereafter, the excise tax imposed upon internal combustion engine fuel pursuant to section 2903, subsection 1 and the excise tax imposed upon distillates pursuant to section 3203, subsections 1 and 1B are subject to an annual rate of adjustment pursuant to this section. On or about February 15th of each year, the State Tax Assessor shall calculate the adjusted rates by multiplying the rates in effect on the calculation date by an inflation index computed as provided in subsection 2. The adjusted rates must then be rounded to the nearest 1/10 of a cent and become effective on the first day of July immediately following the calculation. The assessor shall publish the annually adjusted fuel tax rates and shall provide all necessary forms and reports.

Sec. B-11. PL 2009, c. 571, Pt. PP, §2  is amended to read:

Sec. PP-2. PL 2009, c. 414, Pt. D, §6  is amended to read:

Sec. D-6. Allocations from General Fund bond issue. The proceeds of the sale of the bonds authorized under this Part must be expended as designated in the following schedule.

PUBLIC UTILITIES COMMISSION
Public Utilities Commission
Provides funds for weatherization and energy efficiency programs for low and middle income households and small businesses. If the energy efficiency programs of the commission are transferred to another entity established by the Legislature, the commission shall transfer all unexpended funds to that entity. $12,000,000
UNIVERSITY OF MAINE SYSTEM
University of Maine System
Provides funds for energy and infrastructure upgrades at all campuses of the University of Maine System. $9,500,000
MAINE COMMUNITY COLLEGE SYSTEM
Maine Community College System
Provides funds for energy and infrastructure upgrades at all campuses of the Maine Community College System. $5,000,000
MAINE MARITIME ACADEMY
Maine Maritime Academy
Provides funds for energy and infrastructure upgrades at the Maine Maritime Academy. $1,000,000
DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES
UNIVERSITY OF MAINE SYSTEM
Maine Marine Wind Energy Demonstration Site Fund
Provides funds for research, development and product innovation associated with developing one or more ocean wind energy demonstration sites. $6,000,000

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