Sec. A-1. 9-B MRSA §352, sub-§3, as amended by PL 1997, c. 398, Pt. G, §2, is further amended to read:
3. Vote of investors. The plan of merger or consolidation, as approved by the superintendent, must be submitted to the investors of the participating institutions for their approval at an annual meeting, or at a special meeting called for that purpose, in accordance with section 351, subsection 4 and the following provisions.
Notice required pursuant to section 351, subsection 4 must state that dissenting investors will be entitled to payment only for the value of those equity interests that are voted against approval of the plan. Published notice may be waived if written waivers are received from the holders of 2/3 of the outstanding voting equity interests of each class stock of each participating institution.
Notice required pursuant to section 351, subsection 4 must state that dissenting investors will be entitled to payment only for the value of those equity interests that are voted against approval of the plan. Published notice may be waived if written waivers are received from the holders of 2/3 of the outstanding voting equity interests of each class stock of each participating institution.
Sec. A-2. 9-B MRSA §1015, sub-§1, ¶E, as amended by PL 1997, c. 182, Pt. A, §11 and c. 398, Pt. K, §10, is repealed and the following enacted in its place:
E. Authority for any financial institution holding company, foreign bank or foreign bank holding company controlling a Maine financial institution to engage in a closely related activity in Maine, or acquisition or establishment of a subsidiary in Maine to engage in a closely related activity.
Sec. A-3. 9-B MRSA §1225, sub-§1, as enacted by PL 1997, c. 398, Pt. J, §2, is amended to read:
1. Percentage of common stock. A person who owns 25% of or more of the merchant bank's common stock or similar equity capital;
Sec. A-4. 10 MRSA §948, as enacted by PL 1997, c. 556, §3, is repealed and the following enacted in its place:
1. Administration of fund. The Board of Trustees of the University of Maine System shall administer the fund. The board may utilize the assets of the fund to carry out and effectuate the purposes, duties and responsibilities of this chapter, including, but not limited to:
A. Taking actions in partnership with private enterprise, the Federal Government and private and public research institutions to:
(1) Invest in applied research and development in the target areas within the University of Maine System; and
(2) Support the development of private enterprise based upon research and development performed within the University of Maine System;
B. Receiving money from any public or private source to augment state contributions to the fund;
C. Approving an annual budget for the fund and investing and expending money from within the fund;
D. Contracting with public entities as necessary to further the directives of this section;
E. Carrying forward any unexpended state appropriations into succeeding fiscal years;
F. Providing an annual report to the Governor and the Legislature by January 1st of each regular session of the Legislature setting forth:
(1) The operations and accomplishments of the fund during the fiscal year; and
(2) The assets and liabilities of the fund at the end of its most recent fiscal year; and
G. Protecting all intellectual property in accordance with the "University of Maine System Statement of Policy Governing Patents and Copyrights," including, but not limited to, proprietary information contained in proposals, grants, contracts or other legal agreements. Publication of information may be reasonably delayed until appropriate measures have been taken to protect the intellectual property.
Sec. A-5. 11 MRSA §8-1102, sub-§(1), ¶(i), as enacted by PL 1997, c. 429, Pt. B, §2, is amended to read:
(i) "Financial asset," except as otherwise provided in section 8-1103, means:
(i) A security;
(ii) An obligation of a person or a share, participation or other interest in a person or in property or an enterprise of a person that is, or is of a type, dealt in or traded on financial markets or that is recognized in any area in which it is issued or dealt in as a medium for investment; or
(iii) Any property that is held by a securities intermediary for another person in a securities account if the securities intermediary has expressly agreed with the other person that the property is to be treated as a financial asset under this Article.
As context requires, the term means either the interest itself or the means by which a person's claim to it is evidenced, including a certificated or uncertificated security, a security certificate or a security entitlement.
As context requires, the term means either the interest itself or the means by which a person's claim to it is evidenced, including a certificated or uncertificated security, a security certificate or a security entitlement.
Sec. A-6. 14 MRSA §6005, first ¶, as amended by PL 1997, c. 151, §2 and c. 336, §1, is repealed and the following enacted in its place:
When the defendant is defaulted or fails to show sufficient cause, judgment must be rendered against the defendant by the District Court for possession of the premises. Seven calendar days after the judgment is entered, the court shall issue the writ of possession to remove the defendant. The writ may be served by a sheriff or a constable. If at least 3 good faith efforts on 3 different days have been made to serve the defendant, service may be accomplished by both mailing the notice by first-class mail to the defendant's last known address and leaving the writ of possession at the defendant's last and usual place of abode. A writ of possession may not issue in any case in which the ground for termination of the tenancy was rent arrearage and the defendant paid the amount necessary to reinstate the tenancy as provided by section 6002.
Sec. A-7. 17 MRSA §2802, as amended by PL 1997, c. 540, §4, is further amended to read:
§2802. Miscellaneous nuisances
The erection, continuance or use of any building or place for the exercise of a trade, employment or manufacture which that, by noxious exhalations, offensive smells or other annoyances, becomes injurious and dangerous to the health, comfort or property of individuals, or of the public; causing or permitting abandoned wells or tin mining shafts to remain unfilled or uncovered to the injury or prejudice of others; causing or suffering any offal, filth or noisome substance to collect, or to remain in any place to the prejudice of others; obstructing or impeding, without legal authority, the passage of any navigable river, harbor or collection of water; corrupting or rendering unwholesome or impure the water of a river, stream, pond or aquifer; imprudent operation of a watercraft as defined in Title 12, section 7801, subsection 11-A; unlawfully diverting it the water of a river, stream, pond or aquifer from its natural course or state, to the injury or prejudice of others; and the obstructing or encumbering by fences, buildings or otherwise, of highways, private ways, streets, alleys, commons, common landing places or burying grounds are nuisances within the limitations and exceptions mentioned. Any places where one or more old, discarded, worn out worn-out or junked motor vehicles as defined in Title 29-A, section 101, subsection 42, or parts thereof, are gathered together, kept, deposited or allowed to accumulate, in such manner or in such location or situation, either within or without the limits of any highway, as to be unsightly, detracting from the natural scenery or injurious to the comfort and happiness of individuals and the public, and injurious to property rights, are declared to be public nuisances.
Sec. A-8. 18-A MRSA §9-204, sub-§(b), as enacted by PL 1995, c. 694, Pt. C, §7 and affected by Pt. E, §2, is amended to read:
(b) Except as otherwise provided by this section, a petition for termination of parental rights petition is subject to the provisions of Title 22, chapter 1071, subchapter VI.
Sec. A-9. 18-A MRSA §9-314, as enacted by PL 1995, c. 694, Pt. C, §7 and affected by Pt. E, §2, is amended to read:
§9-314. Immunity from liability for good faith reporting; proceedings
A person, including an agent of the department, who participates in good faith in reporting violations of this chapter article or participates in a related child protection investigation or proceeding is immune from any criminal or civil liability for reporting or participating in the investigation or proceeding. For purposes of this section, "good faith" does not include instances when a false report is made and the person knows the report is false.
Sec. A-10. 19-A MRSA §2351, sub-§1, as amended by PL 1997, c. 466, §19 and affected by §28 and as amended by c. 537, §45 and affected by §62, is repealed and the following enacted in its place:
1. Subrogation of support rights. If a support order exists, the department is subrogated to the right of a dependent child or person having custody of the child named in the order to pursue any support action or administrative remedy to secure payment of the debt accrued or accruing under section 2301 and to enforce the order. The department is not required to seek an amendment to the support order to subrogate itself to the rights of the payee. The department is not required to file a motion to intervene or join in any court proceeding to subrogate itself to the rights of the payee and to be treated as a party in any further proceedings regarding the support order. Upon notice to the parties, the department may order an obligor or other payor of child support to redirect payments to the department if payments are owed to the department or another state pursuant to an assignment of support rights or if payments are otherwise required to be made through the department. A person who knowingly violates the department's order commits a civil violation for which the court may adjudge a forfeiture not to exceed $500 plus interest, attorney's fees and costs.
Sec. A-11. 20-A MRSA §13011, sub-§1, ¶D, as amended by PL 1997, c. 452, §4 and c. 553, §2, is repealed and the following enacted in its place:
D. Seek a revocation of a certificate or authorization in the Administrative Court;
Sec. A-12. 21-A MRSA §1052, sub-§4, ¶A, as enacted by PL 1985, c. 161, §6, is amended to read:
A. Includes:
(1) A purchase, payment, distribution, loan, advance, deposit or gift or of money or anything of value, made for the purpose of influencing the nomination or election of any person to political office; or for the initiation, support or defeat of a campaign, referendum or initiative in this State;
(2) A contract, promise or agreement, expressed or implied, whether or not legally enforceable, to make any expenditure for the purposes set forth in this paragraph; and
(3) The transfer of funds by a political action committee to another candidate or political committee; and
Sec. A-13. 24-A MRSA §2848, sub-§1-C, ¶B, as enacted by PL 1997, c. 445, §20 and affected by §32, is amended to read:
B. Whose most recent prior creditable coverage was under a group health plan, governmental plan, church plan or health insurance coverage offered in connection with any such plan;
Sec. A-14. 26 MRSA §1043, sub-§11, ¶F, as amended by PL 1997, c. 349, §§1 and 2 and c. 431, §§1 and 2 and corrected by RR 1997, c. 1, §§23 and 24, is further amended by repealing and replacing subparagraph (39) to read:
(39) Services performed by a direct seller as defined in 26 United States Code, Section 3508, Subsection (b), Paragraph (2). This subparagraph does not include a person selling major improvements or renovations to the structure of a home, business or property;
Sec. A-15. 26 MRSA §2101, as enacted by PL 1987, c. 356, is amended to read:
As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings.
1. Fire department. "Fire department" means a municipal fire department, as defined in Title 30 30-A, section 3771 3151, subsection 1, or a voluntary volunteer fire association, as defined in Title 30 30-A, section 3771 3151, subsection 3.
2. Firefighter. "Firefighter" means a municipal firefighter, as defined in Title 30 30-A, section 3771 3151, subsection 2, or a volunteer firefighter, as defined in Title 30 30-A, section 3771 3151, subsection 4.
Sec. A-16. 28-A MRSA §1205, sub-§1, as amended by PL 1997, c. 373, §110 and c. 414, §1, is repealed and the following enacted in its place:
1. Taste testing on off-premise retail licensee's premises; fine wine stores. Subject to the conditions in subsection 2, the bureau may authorize an off-premise retail licensee, 50% or more of whose gross income is derived from the sale of wine, malt liquor or spirits, or a fine wine store to conduct taste testings of wine on that licensee's premises. Any other consumption of alcoholic beverages on an off-premise retail licensee's premises is prohibited.
Sec. A-17. 29-A MRSA §512, sub-§1, ¶B, as repealed and replaced by PL 1997, c. 437, §11, is amended to read:
B. The fee is $10 for each semitrailer, and the fee is $5 for each trailer of not more than 2,000 pounds gross vehicle weight.
Fees for the first 3 years of a registration may not be refunded. Fees for the 4th and subsequent years may be refunded prior to the start of the registration year provided that the registration plate and certificate are returned to the Secretary of State. After the start of the registration year, fees for the current year may be refunded if the place plate and certificates certificate are returned within 120 days and the Secretary of State is satisfied that the credentials were not used during the registration period.
Sec. A-18. 29-A MRSA §1601, sub-§7-A, as enacted by PL 1997, c. 165, §3 and c. 176, §3, is repealed and the following enacted in its place:
7-A. Proof of financial responsibility following violation. A person who violates this section is subject to the proof of financial responsibility requirements under section 1605.
Sec. A-19. 34-B MRSA §3610, as enacted by PL 1997, c. 423, §3, is repealed and the following enacted in its place:
The department is responsible for providing a safety net of adult mental health services for people with major mental illness who the department or its designee determines can not otherwise be served by the local service networks. The department may develop contracts to deliver safety net services if the department determines contracts to be appropriate and cost-effective. The state-operated safety net must include, but is not limited to:
1. Beds. Backup emergency hospital beds for people requiring medical stabilization, assessment or treatment;
2. Treatment. Intermediate and long-term treatment for people who need long-term structured care;
3. Forensic services. Forensic services;
4. Intensive case management. Intensive case management; and
5. Other services. Other services determined by the commissioner to be needed.
Sec. A-20. 34-B MRSA §3862, sub-§1, ¶B, as amended by PL 1997, c. 422, §6 and c. 438, §1, is repealed and the following enacted in its place:
B. If the law enforcement officer does take the person into protective custody, shall deliver the person immediately for examination as provided in section 3863. If the examination occurs in a hospital emergency room, the examination may be performed by a licensed physician, a licensed clinical psychologist, a physician's assistant, a nurse practitioner or a certified psychiatric clinical nurse specialist. If the examination does not occur in a hospital emergency room, the examination may be performed only by a licensed physician or licensed clinical psychologist.
Sec. A-21. 38 MRSA c. 23 is amended by repealing the chapter headnote and enacting in its place the following:
CHAPTER 23
COASTAL AND LAKE WATERSHED DISTRICTS
Sec. A-22. PL 1993, c. 675, Pt. B, §11 is amended to read:
B-11. 15 MRSA §603, as enacted by PL 1991, c. 402, §2, is amended to read:
The district attorney of each court district shall designate, with the approval of the resident Chief Judge of the District Court Judge, at least one law enforcement agency that is responsible for the maintenance, administration and retention of attested copies of arrest warrants issued by the courts. If a court district encompasses more than one prosecutorial district, the respective district attorneys
shall attempt to agree on the designation of an arrest warrant repository. If the district attorney of a court district fails to designate an arrest warrant repository or the district attorneys are unable to agree to the designation of an arrest warrant repository for a court district, the Attorney General shall make the designation for that court district. The district attorney or attorneys shall notify the District Court and the Superior Court of the location of the arrest warrant repository for arrest warrants in the jurisdiction covered by those courts. All attested copies of arrest warrants issued by the District Court and the Superior Court must be directed to the arrest warrant repository designated for those courts except as otherwise provided by this chapter or by the standards adopted by rule of the Attorney General pursuant to this chapter.
Sec. A-23. Retroactivity. That section of this Act that amends Public Law 1993, chapter 675, Part B, section 11 is retroactive to July 14, 1994.
Sec. A-24. PL 1995, c. 704, Pt. A, §25 is amended to read:
Sec. A-25. Development of recommendations. The Land and Water Resources Council, established in the Maine Revised Statutes, Title 5, section 3331, shall form a committee consisting of representatives of the Department of Environmental Protection, the Office of the State Fire Marshal, the Board of Pesticides Control, the Maine Emergency Management Agency, affected industries and municipal and other public interests to discuss and study the requirements of a uniform system for the registration, storage and handling of petroleum products, hazardous materials and other substances with the potential to contaminate groundwater. The committee need not consider spill prevention, control and countermeasures plans and related procedures for activities regulated under Title 38, chapter 3, subchapter I, articles 7 and 8. The committee shall develop recommendations regarding required legislative or regulatory action and submit them to the Land and Water Resources Council no later than January 10, 1998. The Land and Water Resources Council may submit legislation based on these recommendations to the First Second Regular Session of the 118th Legislature no later than January 20, 1998.
The Department of Environmental Protection shall develop, in concert with the Department of Conservation, the Department of Human Services and other affected state agencies, water utilities, water bottlers and other interested parties, a program to minimize the potential for unreasonable adverse impact on the availability of groundwater to support existing uses. This program may have both regulatory and nonregulatory components and must assess the availability of groundwater in different regions of this State to support future development without unreasonable adverse impacts on existing uses or the natural environment. The Department of Environmental Protection shall present recommendations for any statutory requirements to the Land and Water Resources Council no later than January 10, 1998. The Land and Water Resources Council may submit legislation based on these recommendations to the First Second Regular Session of the 118th Legislature no later than January 20, 1998.
Sec. A-25. Retroactivity. That section of this Act that amends Public Law 1995, chapter 704, Part A, section 25 applies retroactively to July 1, 1997.
Sec. A-26. PL 1995, c. 704, Pt. C, §1, as amended by PL 1997, c. 502, §13, is further amended to read:
Sec. C-1. Rule-making authority. The Department of Environmental Protection has authority to adopt rules in accordance with the Maine Revised Statutes, Title 5, chapter 375 to implement Title 38, section 420-D; section 484, subsection 2, paragraph B; and section 485-A, subsection 1-C, as enacted by this Act and in accordance with the terms of those sections. Such rules, except those adopted pursuant to Title 38, section 420-D, subsection 11, must be provisionally adopted and submitted to the Legislature for review as major substantive rules pursuant to Title 5, chapter 375, subchapter II-A no later than February 28, 1997. Rulemaking to update the first comprehensive lists of "watersheds of bodies of water most at risk from new development" and "sensitive or threatened regions of or watersheds" is not considered major substantive rulemaking pursuant to Title 5, chapter 375, subchapter II-A.
Sec. A-27. PL 1997, c. 507, §4 is amended to read:
Sec. 4. Effective date. Those sections of this Act that repeal the Maine Revised Statutes, Title 19-A, section 652, subsection 7, amend Title 19-A, section 652, subsection 8 and enact Title 19-A, section 4013, subsection 4 take effect October 1, 1997.
Sec. A-28. PL 1997, c. 530, Pt. A, §27 is amended to read:
*Sec. A-27. 22 MRSA §3788-A, as enacted by PL 1995, c. 418, Pt. A, §34, is amended to read:
The department shall establish a MaineServe program designed to provide parents who are eligible for AFDC TANF assistance opportunities to serve their communities and the State.
1. Purposes. The purposes of the MaineServe program are as follows:
A. To meet the human, educational, environmental and public safety needs of this State without displacing existing workers;
B. To renew the ethic of civic responsibility and the spirit of community throughout the State;
C. To encourage parents who are eligible for AFDC TANF assistance to engage in voluntary service to the State;
D. To expand and strengthen existing nonprofit and public sector initiatives that are addressing the needs of their communities and of the State; and
E. To provide parents who are eligible for AFDC TANF the opportunities to serve their communities and the State in a manner that assists them in developing and renewing their skills in ways that may lead to employment that is sufficient to sustain their families.
2. Eligibility. Any ASPIRE-JOBS ASPIRE-TANF participant over 16 years of age is eligible to volunteer for MaineServe, except that any person under 20 years of age who has not completed high school or its equivalent must also participate in an educational activity designed to complete high school education.
3. Duration of service. MaineServe volunteers may serve for up to 9 months. At the end of the service period, the MaineServe volunteer and the ASPIRE-JOBS ASPIRE-TANF case manager shall evaluate the MaineServe placement. If it is determined to be appropriate, the MaineServe volunteer may renew the placement within MaineServe.
4. Conditions of service. The MaineServe program is an alternative work experience program subject to the standards set out in the Social Security Act, 42 United States Code, Section 682(f).
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