A. The total inventory of each petroleum product stored in the State, as measured within not more than 3 working days prior to the reporting date; and

B. The quantities of each petroleum product delivery expected into the State within 15 days of the reporting date or within any longer period established by the director.

Sec. 4. 5 MRSA c. 319 is amended by repealing the chapter headnote and enacting in its place the following:

*PART 10-A

FIRE PROTECTION SERVICES

CHAPTER 319

MAINE FIRE PROTECTION SERVICES

COMMISSION

Sec. 5. 5 MRSA §3371, sub-§8, ¶D, as enacted by PL 1999, c. 731, Pt. AAAA, §1, is repealed.

Sec. 6. 5 MRSA c. 383, sub-c. II, art. 2-A, as enacted by PL 1999, c. 731, Pt. VVV, §1, is repealed.

Sec. 7. 5 MRSA c. 383, sub-c. II, art. 2-B is enacted to read:

Article 2-B

MAINE MICROENTERPRISE INITIATIVE

§13063-J.__Definitions

As used in this article, unless the context otherwise indicates, the following terms have the following meanings.

1.__Community-based organization.__"Community-based organization" means a nonprofit organization that has:

A.__A viable plan for providing training and technical assistance to microenterprises;

B.__Broad-based community support;

C.__An adequate source of operating capital; and

D.__A demonstrated need for funding to provide training and technical assistance to microenterprises.

2.__Fund.__"Fund" means the Maine Microenterprise Initiative Fund established in section 13063-K.

3.__Microenterprise.__"Microenterprise" means a business located in the State that produces goods or provides services and has fewer than 10 full-time equivalent employees.

§13063-K.__Maine Microenterprise Initiative Fund

1.__Fund established.__The Maine Microenterprise Initiative Fund is established as a nonlapsing fund administered by the department.__The fund consists of money appropriated to it by the Legislature from the General Fund and eligible investment earnings from fund assets.__The fund must be held separate from all other money, funds and accounts, and all eligible investment earnings from fund assets must be credited to the fund.

2.__Fund purposes.__The department shall administer the fund to provide grants to community-based organizations to aid them in providing technical assistance and training to microenterprises.

§13063-L.__Application process

1.__Process established.__The department shall adopt rules establishing an application process for fund grants for the purposes set forth in section 13063-K, subsection 2.__In establishing the application process, the department shall consult with business experts involved with microenterprises in the State.

2.__Process requirements.__The application process must be competitive.__An applicant shall specify whether a grant is sought for microenterprise technical assistance or training or a combination thereof.__In making grants, the department shall give priority to applications that:

A.__Are joint applications by 2 or more community-based organizations or otherwise provide for cooperation among community-based organizations;

B.__Target aid to low-income individuals; or

C.__Target aid to areas of high unemployment or to underserved areas of the State.

The department may establish additional criteria for assessing applications for fund grants.

§13063-M.__Rules

The department shall adopt rules necessary to carry out this article.__Rules adopted pursuant to this article are routine technical rules as defined in chapter 375, subchapter II-A.

§13063-N.__Report

The department shall submit to the joint standing committee of the Legislature having jurisdiction over business and economic development matters an update on the fund by January 1, 2001 and every year thereafter.

Sec. 8. 5 MRSA §15321, sub-§2, ¶D, as enacted by PL 1999, c. 731, Pt. UUU, §3, is amended to read:

D. The Department of Economic and Community Development shall determine where the applied technology development centers are to be located. The Center for Environmental Enterprise in South Portland, the Target Technology Center in Orono, the Thomas M. Teague Biotechnology Park in Fairfield and the Loring Biotechnology Incubator in Limestone are exempt from a determination made under this paragraph.

Sec. 9. 5 MRSA §15321, sub-§4, ¶B, as enacted by PL 1999, c. 731, Pt. UUU, §3, is amended to read:

B. An entity that requests initial funding for an applied technology development center shall obtain or must have obtained at least 25% of the funding from nonstate sources. These sources may include in-kind donations, federal grants, federal funding, local funding initiatives and private foundation grants. The Applied Technology Development Center System Coordinating Board shall determine whether the matching funds meet this requirement. The Center for Environmental Enterprise in South Portland, the Target Technology Center in Orono, the Thomas M. Teague Biotechnology Park in Fairfield and the Loring Biotechnology Incubator in Limestone must meet this requirement in order to receive funding under this subsection.

Sec. 10. 7 MRSA §3152, sub-§4-A, as amended by PL 1999, c. 547, Pt. B, §22 and affected by §80 and amended by c. 679, Pt. B, §10 and affected by §14, is repealed and the following enacted in its place:

4-A.__Eligible marketing cooperative. "Eligible marketing cooperative" means an association of milk producers organized to negotiate producer prices higher than the minimum producer prices established pursuant to the northeast marketing area milk marketing order and which the commissioner has determined will not, through its operation, evade, impair or undermine the purposes of this chapter. Notwithstanding Title 4, section 152, subsection 9 and Title 5, section 10051, subsection 1, the commissioner may revoke the eligible status of a marketing cooperative upon a determination that it has through its operation evaded, impaired or undermined the purposes of this chapter.

Sec. 11. Effective date. That section of this Act that repeals and replaces the Maine Revised Statutes, Title 7, section 3152, subsection 4-A takes effect March 15, 2001.

Sec. 12. 10 MRSA §1023-J, first ¶, as amended by PL 1999, c. 593, §2 and c. 769, §7, is repealed and the following enacted in its place:

The Agricultural Marketing Loan Fund, referred to in this section as the "fund," is created.__The fund must be deposited with and maintained by the Finance Authority of Maine.__The fund must be administered by the Commissioner of Agriculture, Food and Rural Resources in accordance with Title 7, chapter 101, subchapter I-D.__All money received by the Finance Authority of Maine from any source for the development and implementation of an improved agricultural marketing loan program must be credited to the fund.__Any money credited to the fund from the issuance of bonds on behalf of the State for financing loans for agricultural enterprises may be used only for the following purposes:__to provide assistance to agricultural enterprises in this State for the design, construction or improvement of commodity and storage buildings and packing and marketing facilities; for the purchase, construction or renovation of buildings, equipment, docks, wharves, piers or vessels used in connection with a commercial agricultural enterprise; for the purchase of land in connection with development of new cranberry acreage; for the purchase of land for irrigation reservoirs or to provide direct access to water for irrigation; for the purchase of land necessary for the start-up of a new agricultural enterprise; for the expansion of an existing agricultural enterprise when the land acquisition is necessary to comply with land use regulations; or for the development of a business plan in accordance with the provisions of Title 7, section 436-A.__Repayment of these loans and interest on these loans must be credited to the fund and must be available for making additional loans for the same purposes, except that interest may be used for the purposes stated in Title 7, section 436.__Interest earned on money in the fund and interest earned on

loans made from the fund may be used to pay the administrative costs of processing loan applications, to the extent that these costs exceed the fee for administrative costs established by Title 7, section 435, subsection 4.

Sec. 13. 10 MRSA §1114, sub-§2, as enacted by PL 1993, c. 461, §1, is amended to read:

2. Disclosure. Notwithstanding any contrary agreement, a contractor or subcontractor shall disclose to a subcontractor or material supplier the due date for receipt of payments from the owner before a contract between those parties is entered. Notwithstanding any other provision of this chapter, if a contractor or subcontractor fails to accurately disclose the due date to a subcontractor or material supplier, the contractor or subcontractor is obligated to pay the subcontractor or material supplier as though the 20-day due dates in section 2 1113, subsection 3 were met.

Sec. 14. 11 MRSA §2-210, sub-§(2-A), as enacted by PL 1999, c. 699, Pt. B, §7 and affected by §28, is repealed and the following enacted in its place:

(2-A)__The creation, attachment, perfection or enforcement of a security interest in the seller's interest under a contract is not a transfer that materially changes the duty of or increases materially the burden or risk imposed on the buyer or impairs materially the buyer's chance of obtaining return performance within the purview of subsection (2) unless, and then only to the extent that, enforcement actually results in a delegation of material performance of the seller.__Even in that event, the creation, attachment, perfection and enforcement of the security interest remain effective, but:

(a)__The seller is liable to the buyer for damages caused by the delegation to the extent that the damages could not reasonably be prevented by the buyer; and

(b)__A court having jurisdiction may grant other appropriate relief, including cancellation of the contract for sale or an injunction against enforcement of the security interest or consummation of the enforcement.

Sec. 15. Effective date. That section of this Act that repeals and replaces the Maine Revised Statutes, Title 11, section 2-210, subsection (2-A) takes effect July 1, 2001.

Sec. 16. 11 MRSA §9-1408, sub-§(1), ¶(b), as enacted by PL 1999, c. 699, Pt. A, §2 and affected by §4, is amended to read:

(b) Provides that the assignment or transfer or the creation, attachment or perfection of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the promissory note, health-care-insurance receivable or general intangible.

Sec. 17. 11 MRSA §9-1408, sub-§(3), ¶(b), as enacted by PL 1999, c. 699, Pt. A, §2 and affected by §4, is amended to read:

(b) Provides that the assignment or transfer or the creation, attachment or perfection of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination or remedy under the promissory note, health-care-insurance receivable or general intangible.

Sec. 18. Effective date. Those sections of this Act that amend the Maine Revised Statutes, Title 11, section 9-1408, subsection (1), paragraph (b) and subsection (3), paragraph (b) take effect July 1, 2001.

Sec. 19. 11 MRSA §9-1523, sub-§(7), as enacted by PL 1999, c. 699, Pt. A, §2 and affected by §4, is amended to read:

(7) The requirements of this section do not apply to information obtained from the registry to of deeds.

Sec. 20. Effective date. That section of this Act that amends the Maine Revised Statutes, Title 11, section 9-1523, subsection (7) takes effect July 1, 2001.

Sec. 21. 14 MRSA §3142, sub-§1, ¶C, as enacted by PL 1999, c. 743, §4, is amended to read:

C. The suspension of any license, certification, registration, permit, approval or other similar document evidencing the granting of authority to hunt, fish or trap or to engage in a profession, occupation, business or industry, not including a registration, permit, approval or similar document evidencing the granting of authority to engage in the business of banking pursuant to Title 9-B. Licenses and registration subject to suspension include, but are not limited to:

(1) Licenses issued by the Commissioner of Marine Resources, as provided in Title 12, section 6408 6409;

(2) Licenses issued by the Commissioner of Inland Fisheries and Wildlife, as provided in Title 12, section 7077, subsection 1-C;

(3) Watercraft, snowmobile and all-terrain vehicle registrations, as provided in Title 12, section 7077, subsection 1-C; and

(4) Motor vehicle licenses or permits issued by the Secretary of State, the right to operate a motor vehicle in this State and the right to apply for or obtain a license or permit, as provided in Title 29-A, section 2605.

Sec. 22. 15 MRSA §3203-A, sub-§4, ¶E, as amended by PL 1999, c. 624, Pt. A, §2 and Pt. B, §5, is repealed and the following enacted in its place:

E.__If a juvenile community corrections officer or an attorney for the State orders a juvenile detained, the juvenile community corrections officer who ordered the detention or the attorney for the State who ordered the detention shall petition the Juvenile Court for a review of the detention in time for the detention hearing to take place within the time required by subsection 5, unless the juvenile community corrections officer who ordered the detention or the attorney for the State who ordered the detention has ordered the release of the juvenile.__The juvenile community corrections officer who ordered the detention or the attorney for the State who ordered the detention may order the release of the juvenile anytime prior to the detention hearing.__If the juvenile is so released, a detention hearing may not be held.

Sec. 23. 17-A MRSA §602, sub-§3, as enacted by PL 1975, c. 499, §1, is amended to read:

3. Bribing Bribery in official and political matters is a Class C crime.

Sec. 24. 19-A MRSA §1556, as amended by PL 1999, c. 704, §1 and c. 731, Pt. ZZZ, §32 and affected by §42 is repealed and the following enacted in its place:

§1556. Remedies

The District Court has jurisdiction over an action to determine parentage.__There is no right to demand a jury trial in an action to determine parentage.__The District Court has jurisdiction for the enforcement of judgments for expenses of

pregnancy and confinement for a wife or for education, support or funeral expenses for legitimate children and all remedies for the enforcement of these judgments apply.__The court has continuing jurisdiction to modify or revoke a judgment for future education and support.__All remedies under the Uniform Interstate Family Support Act are available for enforcement of duties of support under this subchapter.

Sec. 25. 20-A MRSA §13032, sub-§4, as enacted by PL 1999, c. 569, §1 and affected by §6, is amended to read:

4. Basic skills. Basic skills, which includes include reading, writing and mathematics.

Sec. 26. 20-A MRSA §15618-A, as amended by PL 1999, c. 710, §§13 and 14, is repealed.

Sec. 27. 22 MRSA §2602, as enacted by PL 1975, c. 751, §4, is amended to read:

§2602. Fees for testing

The department shall charge the average cost of the analysis for any examination, testing or analysis required under this chapter and performed in the departmental diagnostic laboratory. Such The fees shall must be recalculated and deposited according to section 562 565, subsection 3 and section 568.

Sec. 28. 24-A MRSA §1156, sub-§2, ¶H, as amended by PL 1993, c. 313, §27, is further amended to read:

H. Investments that do not qualify or are not permitted under any other paragraph of this subsection; as long as:

(1) After giving effect to any investment made under this paragraph, the aggregate amount of those investments does not exceed 14% of total admitted assets, except that investments made under this paragraph in institutions or property not located within the State may not exceed 10% of total admitted assets; and, if the insurer makes investments described in paragraphs A to G and elects to charge those investments against the quantitative limits in this paragraph instead of the quantitative limits in paragraphs A to G, then the aggregate amount invested under this paragraph in those types of investments may not exceed 5% of total admitted assets for any one of those types of investments;

(2) Investments that are neither interest bearing nor income entitled, including the cost of outstanding bona fide hedging transactions made under section 1153, subsection 2 4, paragraph D, are subject to all of the provisions of this paragraph; and the aggregate amount of those investments held at any one time may not exceed 3% of total admitted assets;

(3) The investment limitations contained in this chapter, qualitative or otherwise, may not apply to loans or investments made or acquired under this paragraph, provided that no loan or investment made or acquired under this paragraph may be represented by any item described in section 902; any loan or investment expressly prohibited under section 1160; or agents' balances, or amounts advanced to or owing by agents, except as to policy loans, mortgage loans and collateral loans to those agents otherwise authorized under this chapter; or

(4) The insurer shall keep a separate record of all loans and investments made or acquired under this paragraph. Any such loan or investment that, subsequent to the date of making or acquisition, has attained the standard of eligibility and qualifies under any other provision of this chapter may be considered to have been made or acquired under and in compliance with that provision and may no longer be considered to have been made or acquired under this paragraph.

Sec. 29. 24-A MRSA §4301, as amended by PL 1999, c. 609, §19 and repealed by c. 742, §2, is repealed.

Sec. 30. 29-A MRSA §460, sub-§1, as amended by PL 1997, c. 58, §1, is further amended to read:

1. State official registration plates authorized. The Secretary of State, on payment of taxes required in section 409, fees required in section 501, subsections 1 and 2 2-A and an additional fee equal to the cost of producing the plates, rounded to the nearest dollar, and upon application, shall issue one pair of specially designed number plates for one designated motor vehicle owned or controlled by each member of the United States Senate or the United States House of Representatives from this State, or members of the Legislature, Representatives of the Indian Tribes at the Legislature, the President of the Senate, the Speaker of the House of Representatives, the Secretary of the Senate and the Clerk of the House of Representatives. The cost of producing the special plates is determined by the bureau. A

specially designed plate and its registration certificate may be used in place of the regular plate and registration. The named official may attach to such a motor vehicle one of the valid registration plates issued under section 451 and one of the special registration plates issued under this section.

Sec. 31. 29-A MRSA §1752, sub-§5, ¶B, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:

B. Registered for a fee of $2 under section 501, subsection 2 2-A; and

Sec. 32. 29-A MRSA §2101, ¶¶A and B, as enacted by PL 1999, c. 771, Pt. C, §15 and affected by Pt. D, §§1 and 2, are repealed.

Sec. 33. 29-A MRSA §2101, sub-§§1 and 2 are enacted to read:

1.__Infraction.__A traffic infraction if the violation the driver commits is a traffic infraction; or

2.__Class E crime.__A Class E crime if the violation the driver commits is a crime.

Sec. 34. Effective date. Those sections of this Act that repeal the Maine Revised Statutes, Title 29-A, section 2101, paragraphs A and B and enact subsections 1 and 2 take effect July 1, 2001.

Sec. 35. 30-A MRSA §4322, as enacted by PL 1989, c. 104, Pt. A, §45 and Pt. C, §10, is amended to read:

§4322. Exception

This article and section 4343, subsection 1, do does not apply to municipalities within the jurisdiction of the Maine Land Use Regulation Commission.

Sec. 36. 34-B MRSA §1803, as amended by PL 1999, c. 668, §123 and as repealed by c. 731, Pt. L. §3, is repealed.

Sec. 37. 36 MRSA §5122, sub-§2, ¶L, as amended by PL 1999, c. 708, §35 and c. 731, Pt. S, §2 and affected by §4 and amended by c. 790, Pt. A, §49, is repealed and the following enacted in its place:

L.__For income tax years beginning on or after January 1, 2000, an amount equal to the total premiums spent for qualified long- term care insurance contracts as defined in the Code, Section 7702B(b), as long as the amount subtracted

is reduced by the long-term care premiums claimed as an itemized deduction pursuant to section 5125;

Sec. 38. 36 MRSA §5122, sub-§2, ¶M, as enacted by PL 1999, c. 731, Pt. S, §3 and affected by §4, is amended to read:

M. An amount, for each recipient of benefits under an employee retirement plan, that is the lesser of:

(1) Six thousand dollars reduced by the total amount of social security benefits and railroad retirement benefits paid by the United States, but not less than $0; or

(2) The aggregate of benefits received under employee retirement plans and included in federal adjusted gross income. For purposes of this paragraph, "employee retirement plan" means a state, federal or military retirement plan or any other retirement benefit plan established and maintained by an employer for the benefit of its employees under Section 401(a), Section 403 or Section 457(b) of the Code. "Employee retirement plan" does not include an individual retirement account under Section 408 of the Code, a Roth IRA under Section 408A of the Code, a rollover individual retirement account, a simplified employee pension under Section 408(k) of the Code or an ineligible deferred compensation plan under Section 457(f) of the Code.; and

Sec. 39. 36 MRSA §5122, sub-§2, ¶M, as enacted by PL 1999, c. 708, §36, is reallocated to 36 MRSA §5122, sub-§2, ¶N.

Sec. 40. PL 1999, c. 556, §37, amending clause is amended to read:

*Sec. 37. 38 MRSA §1310-E §1310-E-1, sub-§2, ¶A, as enacted by PL 1993, c. 732, Pt. C, §12, is amended to read:

Sec. 41. PL 1999, c. 556, §38, amending clause is amended to read:

*Sec. 38. 38 MRSA §1310-E §1310-E-1, sub-§2, ¶B, as enacted by PL 1993, c. 732, Pt. C, §12 and amended by PL 1995, c. 502, Pt. E, §32, is further amended to read:

Sec. 42. Retroactivity. Any effective date for a section of this Act that is earlier than the actual effective date of this Act is deemed to apply retroactively to the effective date for that section.

Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved, except as otherwise indicated.

SUMMARY

Sections 1 and 2 correct a conflict created by Public Law 1999, chapters 731 and 778, which affected the same provision of law, by incorporating the changes made by both public laws. This correction is retroactive to May 10, 2000, the effective date of Public Law 1999, chapter 778.

Section 3 corrects a typographical error and makes grammatical changes.

Section 4 enacts the Maine Revised Statutes, Title 5, Part 10- A, Fire Protection Services. This new Part designation places chapter 319, Maine Fire Protection Services Commission, under an appropriate Part heading.

Section 5 repeals a reference to the Maine Firefighter Training Fund. The fund failed enactment during the Second Regular Session of the 119th Legislature.

Sections 6 and 7 correct an error that was created when Public Law 1999, chapter 731 enacted a new Title 5, section 13063-D in Part MMM, section 1 and a new Title 5, chapter 383, subchapter II, article 2-A, which included new sections 13063-D through 13063-H, in Part VVV, section 1. These sections correct that error by repealing article 2-A and enacting article 2-B with new section numbers.

Sections 8 and 9 correct an error when Public Law 1999, chapter 731 enacted the Applied Technology Development Center System consisting of the Center for Environmental Enterprise in South Portland, the Thomas M. Teague Biotechnology Park in Fairfield, the Target Technology Center in Orono and the Loring Biotechnology Incubator in Limestone but inadvertantly omitted the Target Technology Center in Orono in 2 places that should have listed the center.

Sections 10 and 11 correct a conflict created when Public Law 1999, chapters 547 and 679 both affected the same subsection of law. Chapter 547 made a cross-reference change based on the future repeal of Title 4, chapter 25 and chapter 679 changed the name of the New England Milk Marketing Order. These sections make the name change to the version of Title 7, section 3152, subsection 4-A that is effective March 15, 2001.

Section 12 corrects a conflict created by Public Law 1999, chapters 593 and 769, which affected the same provision of law, by incorporating the changes made by both laws.

Section 13 corrects a cross-reference.

Sections 14 and 15 correct a formatting error and provide an effective date of July 1, 2001.

Sections 16 to 18 correct a punctuation error and provide an effective date of July 1, 2001.

Sections 19 and 20 correct a clerical error by replacing the word "to" with the word "of" and provide an effective date of July 1, 2001.

Section 21 corrects a cross-reference.

Section 22 corrects a conflict created by Public Law 1999, chapter 624, Part A, section 2 and Part B, section 5, which affected the same provision of law, by using the Part B, section 5 version.

Section 23 corrects a clerical error by replacing the word "bribing" with the word "bribery" to make the section consistent.

Section 24 corrects a conflict created by Public Law 1999, chapters 704 and 731, which affected the same provision of law, by incorporating the changes made by both laws.

Section 25 corrects a clerical error by replacing the word "includes" with the word "include."

Section 26 repeals the headnote to Title 20-A, section 15618- A, which is all that remains of that section following the repeal of subsections 1 and 2 by Public Law 1999, chapter 710, sections 13 and 14.

Section 27 corrects a cross-reference and makes grammatical changes.

Section 28 corrects a cross-reference.

Section 29 corrects a conflict created by Public Law 1999, chapter 609, which amended Title 24-A, section 4301, subsection 1, and chapter 742, which repealed that section of law and enacted section 4301-A, subsection 3, which contains the substance of the repealed section.

Section 30 corrects a cross-reference.

Section 31 corrects a cross-reference.

Sections 32 to 34 correct a format error by adding subsections and provide an effective date of July 1, 2001.

Section 35 removes a cross-reference to a subsection of law that has been repealed.

Section 36 corrects a conflict created by PL 1999, chapter 668, which corrected cross-references in Title 34-B, section 1803, first paragraph, and Public Law 1999, chapter 731, which repealed the entire section. This section corrects that conflict by repealing the section.

Sections 37 to 39 correct a lettering conflict created by Public Law 1999, chapters 731 and 708, which enacted 2 substantively different provisions with the same paragraph letter. These sections also incorporate a technical change made by Public Law 1999, chapter 790.

Sections 40 and 41 correct 2 amending clauses.