§2202-C.__Provisional certification

Any person who has successfully completed the nursing assistant training program as described in section 2102, subsection 2, paragraph D may be granted a provisional certification under rules adopted by the State Board of Nursing until a successful background check is completed or the provisional certification is revoked.__The rules must define what constitutes a successful__background check and what actions would constitute grounds to revoke the provisional certification.__Rules adopted under this section are major substantive rules in accordance with Title 5, chapter 375, subchapter 2-A.

Sec. 5. 36 MRSA §1752, sub-§1-H is enacted to read:

1-H.__Bottled soda.__"Bottled soda" means any ready-to- consume, carbonated nonalcoholic drink, commonly referred to as a soda and contained in a bottle or any other closed or sealed glass, metal, paper or plastic container or any other type of container regardless of the size or shape of the container.

Sec. 6. 36 MRSA §1811, first ¶, as amended by PL 2001, c. 439, Pt. TTTT, §2 and affected by §3, is further amended to read:

A tax is imposed on the value of all tangible personal property and taxable services sold at retail in this State. The rate of tax is 7% on the value of liquor sold in licensed establishments as defined in Title 28-A, section 2, subsection 15, in accordance with Title 28-A, chapter 43; 7% on the value of rental of living quarters in any hotel, rooming house or tourist or trailer camp; 10% on the value of bottled soda; 10% on the value of rental for a period of less than one year of an automobile; 7% on the value of prepared food; and 5% on the value of all other tangible personal property and taxable services. Value is measured by the sale price, except as otherwise provided.

Sec. 7. 36 MRSA §1811, as amended by PL 2001, c. 439, Pt. TTTT, §2 and affected by §3, is further amended by adding at the end a new paragraph to read:

One-half of the amount collected under this chapter in the sales of bottled soda must be transferred monthly by the State Controller to the Department of Education, adult education program to support training programs for nursing assistant certification under Title 32, chapter 31.