Sec. A-1. 2 MRSA §6, sub-§7, as amended by PL 1991, c. 885, Pt. A, §1 and affected by §§9 to 11, is repealed.
Sec. A-2. 5 MRSA §299, first ¶, as amended by PL 1989, c. 410, §15, is further amended to read:
The commission shall establish and maintain a master plan for the orderly development of future state buildings and grounds in the Capitol Area of the City of Augusta, with the exception of the State House and the grounds specified in Title 3, section 902, subsection 2 902-A. In maintaining the master plan, the commission shall take the following factors into consideration:
Sec. A-3. 5 MRSA §12004-I, sub-§38, as amended by PL 1997, c. 689, Pt. A, §1 and affected by Pt. C, §2, is repealed.
Sec. A-4. 7 MRSA §1808, last ¶, as amended by PL 2001, c. 572, §37, is further amended to read:
Failure to comply with this section or section 1807, or the regulations rules adopted pursuant thereto, is grounds for revocation of any permit granted pursuant to these sections.
Sec. A-5. 11 MRSA §9-1107, as enacted by PL 1999, c. 699, Pt. A, §2 and affected by §4, is amended to read:
§9-1107. Control of letter-of-credit right
A secured party has control of a letter-of-credit right to the extent of any right to payment or performance by the issuer or any nominated person if the issuer or nominated person has consented to an assignment of proceeds of the letter of credit under section 5-1114, subsection (c) (3) or other applicable law or practice.
Sec. A-6. 12 MRSA §6431-F, sub-§2, ¶B, as amended by PL 1999, c. 790, Pt. A, §12, is further amended to read:
B. If the license holder was issued a Class I, Class II or Class III lobster and crab fishing license pursuant to former section 6421, subsection 5, paragraph H or former section 6421-A, subsection 1, paragraph D, the license holder may not purchase more than 300 trap tags for the initial license year. For each following year, the license holder may purchase up to an increase of 100 trap tags each year as long as the total number does not exceed the trap limit established by rule for the zone in which the person fishes a majority of that person's traps; and
Sec. A-7. 12 MRSA §6448, sub-§2, ¶¶A and C, as amended by PL 1999, c. 693, §1, are further amended to read:
A. After conducting a written survey in the zone, a lobster management policy council may propose to the commissioner an exit ratio to limit new zone entrants to the zone. The lobster management policy council may also propose to the commissioner a provision to exempt from the requirements of this section an individual who became eligible for but had not been issued a Class I, Class II or Class III license pursuant to section 6421, subsection 5, paragraph C or former paragraph H prior to January 1, 2000 and to allow that individual to declare the zone as that individual's declared lobster zone. The lobster management policy council is not required to submit the proposal to referendum and the proposed exit ratio does not need to receive approval through the survey in order to be forwarded to the commissioner.
C. Rules adopted under this subsection must establish an exit ratio between the number of individuals who declared that zone as their declared lobster zone in the year prior to the previous calendar year, but who did not declare that zone as their declared lobster zone in the previous calendar year, and the number of new zone entrants authorized under subsection 7. An exit ratio established by rule under this subsection is not required to be the same as the exit ratio proposed by the lobster management policy council. Rules adopted under this subsection may exempt from the requirements of this section an individual who became eligible for but who had not been issued a Class I, Class II or Class III license pursuant to section 6421, subsection 5, paragraph C or former paragraph H prior to January 1, 2000 and allow such an individual to declare the zone as that individual's declared lobster zone.
Sec. A-8. 12 MRSA §6749-X, sub-§3, ¶A, as amended by PL 2001, c. 327, §18, is further amended to read:
A. The designation of open days for the harvesting of sea urchins by handfishing, dragging, hand-raking and trapping pursuant to section 6749-W or under rules adopted under section 6749;
Sec. A-9. 12 MRSA §7468, sub-§4, as amended by PL 2001, c. 655, §5 and affected by §20 and amended by c. 690, Pt. A, §12, is repealed and the following enacted in its place:
4. Wild turkey hunting permits. The fee for a wild turkey hunting permit is $10 for residents and $40 for nonresidents and aliens. When a public chance drawing is utilized to allocate permits, any Maine resident, nonresident or alien who is eligible to obtain a Maine hunting license or who will be eligible to obtain a Maine hunting license by the opening day of the wild turkey hunting season is eligible to apply for a wild turkey hunting permit. The percentage of total wild turkey permits issued to nonresident and alien hunters may not exceed the average percentage of applicants for wild turkey permits over the previous 3 years who were nonresidents and aliens and may not be more than 10% of the total wild turkey permits issued statewide. While hunting turkey, a resident, nonresident or alien hunter must be in possession of a valid resident, nonresident or alien big game hunting license, as applicable.
A person who holds a valid wild turkey permit may transfer the permit to a junior hunter or person 65 years of age or older by identifying the name, age and address of the transferee on the permit as well as any other information reasonably requested by the commissioner and then return the permit to the department prior to the start of the turkey season. The commissioner shall record the transfer and return the permit to the junior hunter or person 65 years of age or older. A valid permit must be in the possession of the transferee in order for the transferee to hunt turkey. If the person transfers the permit to the junior hunter or person 65 years of age or older, that person is prohibited from hunting turkey.
Sec. A-10. 12 MRSA §7901-A, sub-§4, ¶A, as enacted by PL 2001, c. 421, Pt. B, §88 and affected by Pt. C, §1, is amended to read:
A. License restriction violation as described in section 7371, subsection 1, relating to the following licenses:
(1) Commercial shooting area license under section 7104 7105-A;
(2) Trapping license under section 7133;
(3) Eel permit for licensed trappers under section 7174;
(4) License to sell commercially grown or imported fish under section 7201;
(5) Special dog training area license under section 7331;
(6) License to hold field trials under section 7332;
(7) Hide dealer's license under section 7352;
(8) Special hide dealer's license under section 7352-A;
(9) Snowmobile dealer's registration and license under section 7825; and
(10) ATV dealer's registration and license under section 7855;
Sec. A-11. 12 MRSA §7901-A, sub-§6, ¶A, as amended by PL 2001, c. 610, §3 and c. 667, Pt. B, §9, is repealed and the following enacted in its place:
A. Chapter 709, subchapter 1 violations:
(1) Shooting at or near wildfowl decoys as described in section 7406, subsection 11;
(2) Hunting without hunter orange clothing as described in section 7406, subsection 12;
(3) Allowing a junior hunter to hunt without adult supervision as described in section 7406, subsection 21;
(4) Hunting on a state game farm as described in section 7406, subsection 22;
(5) Hunting in a licensed wildlife exhibit as described in section 7406, subsection 23; and
(6) Using an aircraft to aid or assist in hunting big game as described in section 7406, subsection 24 if the violation does not involve the taking of a big game animal;
Sec. A-12. 14 MRSA c. 710-D, as enacted by PL 2001, c. 612, §1 and c. 653, §1, is repealed and the following enacted in its place:
CHAPTER 710-D
BUILDINGS ON LEASED LOTS
1. Parties to agreement; purposes of agreement. This chapter applies to agreements between:
A. A person, referred to in this chapter as the "lessor," who owns land in territory under jurisdiction of the Maine Land Use Regulation Commission; and
B. A person, referred to in this chapter as the "lessee," who intends to construct or to occupy a building or buildings owned by that person on leased land in territory under jurisdiction of the Maine Land Use Regulation Commission for recreational or residential purposes on a seasonal or year-round basis or to operate a business consisting of a commercial sporting camp, campground or retail store.
2. Application. This chapter applies to agreements entered into or renewed on or after July 25, 2002.
§6048. Written lease and description required
An agreement described in section 6047 must be made in the form of a written lease and must include at least a general description of the boundaries of the land to be leased.
1. Required notice of change in terms. A lessor must give a lessee at least 30 days' notice of a change in the terms of a lease.
2. Required notice of termination. Unless the lease is terminated for cause, a lessor must give notice to a lessee of the intent to terminate the lease at least one year prior to the effective date of the termination. All terms of the lease remain in effect following the notice, except that:
A. Termination provisions of the lease to the extent inconsistent with this section are void, beginning on the date the notice is provided;
B. The lessee may terminate the lease earlier than the effective date provided in the notice; and
C. If the lessee violates the lease during the period between the giving of the notice and the termination date provided in the notice, this section no longer applies and the lessee has only the rights provided in the lease.
For purposes of this subsection, "cause" means violation by a lessee of a term of a lease.
§6050. Right of first refusal
A lessee of premises on which a structure owned by the lessee exists has the right of first refusal with regard to the leased premises if the lessor intends to sell or to offer to sell the leased premises as a separate parcel. Each lease subject to this chapter must make provision for a method of determining the sale price of the leased premises upon exercise of the right provided in this section. The lessor must give the lessee at least 90 days to accept the offer to purchase the lot.
Sec. A-13. 21-A MRSA §365, first ¶, as enacted by PL 1985, c. 161, §6, is amended to read:
The political committee which that has jurisdiction over the choice of a candidate for nomination or a nominee to fill a vacancy under sections 371, 373, 374, 374-A, 381 and 382 is as follows.
Sec. A-14. 22 MRSA §253, sub-§3, as amended by PL 1997, c. 689, Pt. A, §2 and affected by Pt. C, §2, is further amended to read:
3. Public hearings. Prior to adopting the state health plan and in reviewing the state health plan, the department shall conduct public hearings in different regions of the State on the proposed state health plan. Interested persons must be given the opportunity to submit oral and written testimony. Not less than 30 days before each hearing, the department shall publish in a newspaper of general circulation in the region the time and place of the hearing, the place where interested persons may review the plan in advance of the hearing and the place to which and period during which written comment may be directed to the department. Prior to adopting the state health plan and in reviewing the state health plan, the department shall provide copies to and shall meet and consult with the Certificate of Need Advisory Committee as provided in section 306-B, subsection 2, paragraph A.
Sec. A-15. 22 MRSA §330, sub-§5-A is enacted to read:
5-A. Assisted housing. Assisted housing programs and services regulated under chapter 1664;
Sec. A-16. 22 MRSA §2061, sub-§2, as amended by PL 1993, c. 390, §24, is further amended to read:
2. Review. Each project for a health care facility has been reviewed and approved to the extent required by the agency of the State that serves as the Designated Planning Agency of the State or by the Department of Human Services in accordance with the provisions of the former Maine Certificate of Need Act of 1978, as amended, or the Maine Certificate of Need Act of 2002, as amended, or, in the case of a project for a hospital, has been reviewed and approved by the former Maine Health Care Finance Commission to the extent required by former chapter 107;
Sec. A-17. 22 MRSA §3174-R, as enacted by PL 1997, c. 643, Pt. RR, §5, is amended to read:
§3174-R. Medicaid drug rebate program
The department shall enter into a drug rebate agreement with each manufacturer of prescription drugs under the Medicaid program, in accordance with Section 1927 of the federal Social Security Act, as long as the agreements are consistent with state and federal law, are approved by the federal Health Care Finance Administration and result in a net increase in rebate revenue available to the Maine Medicaid Program. Individual rebate agreements may vary. The department shall seek to achieve an aggregate rebate amount from all agreements that is at least 6 percentage points higher than the percentage of the total Medicaid drug expenditures that the rebates would otherwise be under Section 1927 of the federal Social Security Act. Any increase in revenue from the Medicaid drug rebate program over accepted estimates as of the effective date of this section June 30, 1998 that results in a higher percentage of the total Medicaid drug rebates must be reserved to provide coverage pursuant to section 3174-G, subsection 1-A 1-C. In the event that the department is not able to achieve the rebate amount required by this section without compromising the best interest of Medicaid recipients and the Medicaid drug rebate program, the department shall report to the joint standing committee of the Legislature having jurisdiction over health and human services matters and the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs in the next regular session of the 119th Legislature.
Sec. A-18. 22 MRSA §8103, sub-§1, as amended by PL 2001, c. 515, §1 and c. 596, Pt. B, §19 and affected by §25, is repealed and the following enacted in its place:
1. Procedures. All procedures and other provisions included in section 7855, subsections 1 and 2 for residential care facilities also apply to children's homes, except that the written statement referred to in section 7855, subsection 1 need not be furnished annually by the Commissioner of Public Safety to the department for a facility licensed as a family foster home or a specialized children's home. In these instances an inspection must be performed every 2 years.
Sec. A-19. 24-A MRSA §4203, sub-§1, as amended by PL 1995, c. 332, Pt. O, §1, is further amended to read:
1. Subject to the Maine Certificate of Need Act of 1978 2002, a person may apply to the superintendent for and obtain a certificate of authority to establish, maintain, own, merge with, organize or operate a health maintenance organization in compliance with this chapter. A person may not establish, maintain, own, merge with, organize or operate a health maintenance organization in this State either directly as a division or a line of business or indirectly through a subsidiary or affiliate, nor sell or offer to sell, or solicit offers to purchase or receive advance or periodic consideration in conjunction with, a health maintenance organization without obtaining a certificate of authority under this chapter.
Sec. A-20. 24-A MRSA §4204, sub-§1, ¶A, as repealed and replaced by PL 1979, c. 216, §2, is amended to read:
A. Concurrently with filing an application for issuance of certificate of authority with the superintendent, the applicant shall also file an application for a certificate of need pursuant to Title 22, section 301 et seq chapter 103-A.
Sec. A-21. 24-A MRSA §4204, sub-§2-A, ¶A, as enacted by PL 1981, c. 501, §51, is amended to read:
A. The Commissioner of Human Services certifies that the health maintenance organization has received a certificate of need or that a certificate of need is not required pursuant to Title 22, chapter 103 103-A.
Sec. A-22. 24-A MRSA §6203, sub-§1, ¶A, as enacted by PL 1987, c. 482, §1, is amended to read:
A. The provider has submitted to the department an application for a certificate of need, if required under Title 22, section 304-A 329, and the department has submitted a preliminary report of a recommendation for approval of a certificate of need and the provider has applied for any other licenses or permits required prior to operation.
Sec. A-23. 24-A MRSA §6226, sub-§1, as enacted by PL 1987, c. 563, §7, is amended to read:
1. Initial deposits. The $1,000 limit on the initial deposit contained in section 6203, subsection 3, paragraph A, shall not apply after the stage of the Certificate of Need application procedure when the department has, in writing, deemed the application complete. After the disclosure statement, the escrow agreement, the receipt and the continuing care agreement have been reviewed on a preliminary basis by the department's Certificate of Need staff, the department shall forward the documents with recommendations, if any, to the superintendent. All provisions of section 6203, including approval of the receipt and the escrow agreement by the superintendent, remain applicable. Thereafter the limit on deposits that may be collected shall may not exceed an amount equal to 10% of the entrance fee. Following issuance by the department of a Certificate of Need, any unsuccessful applicant for the first demonstration project shall refund amounts collected from subscribers with interest earned thereon pursuant to this chapter. The refunds shall must be made no later than 10 days after notification by the department to the unsuccessful applicant unless the unsuccessful applicant appeals the decision of the department as provided by former Title 22, chapter 103. If the applicant appeals and the appeal is denied, then refunds shall must be made no later than 10 days after notification of the denial.
Sec. A-24. 29-A MRSA §101, sub-§64-C, as enacted by PL 2001, c. 667, Pt. A, §46 and c. 687, §11, is repealed and the following enacted in its place:
64-C. Scooter. "Scooter" means a device upon which a person may ride, consisting of a footboard between 2 end wheels, controlled by an upright steering handle attached to the front wheel and propelled by human power or a motor. "Scooter" does not include an electric personal assistive mobility device.
Sec. A-25. 29-A MRSA §2084, sub-§1, as amended by PL 2001, c. 360, §12 and c. 440, Pt. L, §1, is repealed and the following enacted in its place:
1. Night equipment. A bicycle, scooter or motorized bicycle or tricycle, when in use in the nighttime, must have:
A. Lighted a front light that emits a white light visible from a distance of at least 200 feet to the front;
B. A red or amber light or reflector to the rear that is visible at least 200 feet to the rear; and
C. Reflector material on the pedals, unless the bicyclist is wearing reflective material on the feet or ankles.
A bicyclist may also use optional supplementary reflectors, lights or reflective or lighted safety equipment.
Sec. A-26. 30-A MRSA §2526, sub-§6, ¶G, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:
G. The procedure of a board of assessment review is governed by section 2691, subsection 3.
Sec. A-27. 30-A MRSA §2526, sub-§9, ¶A, as amended by PL 1989, c. 6; c. 9, §2; c. 104, Pt. A, §17 and Pt. C, §§8 and 10 and Pt. D, §3, is repealed and the following enacted in its place:
A. Unless the oath is administered in the clerk's presence, the person who administers it shall give the official or deputy sworn a certificate, which must be returned to the clerk for filing. The certificate must state:
(1) The name of the official or deputy sworn;
(2) The official's or deputy's office;
(3) The name of the person who administered the oath; and
(4) The date when the oath was taken.
Sec. A-28. 30-A MRSA §4349-A, sub-§2, as amended by PL 2001, c. 593, §1 and c. 613, §3, is repealed and the following enacted in its place:
2. State facilities. The Department of Administrative and Financial Services, Bureau of General Services shall develop site selection criteria for state office buildings, state courts, hospitals and other quasi-public facilities and other civic buildings that serve public clients and customers, whether owned or leased by the State, that give preference to the priority locations identified in this subsection while ensuring safe, healthy, appropriate work space for employees and clients and accounting for agency requirements. On-site parking may only be required if it is necessary to meet critical program needs and to ensure reasonable access for agency clients and persons with disabilities. Employee parking that is within reasonable walking distance may be located off site. If there is a change in employee parking from on-site parking to off-site parking, the Department of Administrative and Financial Services must consult with the duly authorized bargaining agent or agents of the employees. Preference must be given to priority locations in the following order: service center downtowns, service center growth areas and downtowns and growth areas in other than service center communities. If no suitable priority location exists or if the priority location would impose an undue financial hardship on the occupant or is not within a reasonable distance of the clients and customers served, the facility must be located in accordance with subsection 1. The following state facilities are exempt from this subsection: a state liquor store; a lease of less than 500 square feet; and a lease with a tenure of less than one year, including renewals.
Sec. A-29. 30-A MRSA c. 205-A is enacted to read:
CHAPTER 205-A
MUNICIPAL CAPITAL IMPROVEMENT DISTRICTS
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
1. Assessed share. "Assessed share" means a special assessment that represents that portion of the total projected cost of an improvement undertaken by a municipality in a capital improvement district that is the obligation of an owner of property within the capital improvement district. The assessed share must be calculated by the municipal officers in the same manner and according to the same standards as the capital costs of sewer improvements are assessed pursuant to sections 3442 and 3444, except the total assessment must be calculated on the basis of the projected cost of the entire improvement rather than any percentage of the projected costs of the improvement, and no type of property within the capital improvement district is exempt from the assessment.
2. Capital improvement district. "Capital improvement district" means a defined area within a municipality that is initially privately owned and that has been designated by the municipality as a capital improvement district according to the provisions of this chapter for the interrelated purposes of fairly apportioning the costs of making necessary capital improvements among the owners of property in the capital improvement district and establishing the public elements of the capital improvement district as municipally owned.
3. Improvement. "Improvement" means road construction, drainage system development or the installation of sewer or drinking water infrastructure.
4. Public elements. "Public elements" of a capital improvement district means legal interests in defined properties located within a capital improvement district. "Public elements" may include public easements or fee simple titles in specifically defined property or properties.
§5212. Capital improvement districts authorized
A municipality may create one or more capital improvement districts within the municipal boundaries.
§5213. Capital improvement districts; public hearing; notice; referendum votes
In order to establish a capital improvement district, a municipality shall adhere to the following procedures.
1. Initial determinations. In order to establish a capital improvement district, the municipal officers shall establish all the public elements of the proposed capital improvement district for presentation to the residents of the municipality at a public hearing held pursuant to subsection 3. The municipal officers shall:
A. Determine the proposed boundaries of the capital improvement district;
B. Identify each separate parcel of property within the proposed capital improvement district and the parcel's owner of record;
C. Describe all improvements to the proposed capital improvement district that need to be made;
D. Calculate an estimate of the costs of the proposed improvements;
E. Calculate the assessed shares and the contingency fee of no more than 25% of that assessment to the property owners in the proposed capital improvement district;
F. Establish the proposed duration of the payment period for the assessed shares;
G. Describe specifically the public elements of the capital improvement district that may be accepted by the voters of the municipality; and
H. Schedule the public hearing pursuant to subsection 3 and the referendum pursuant to subsection 4.
2. Public notice. The municipal officers shall provide posted notice of the public hearing held pursuant to subsection 3 in the same place and manner as the posting of a town meeting warrant and publish notice of the public hearing in a newspaper of general circulation within the municipality at least 14 days in advance of the public hearing. The published notice must include:
A. A description of the proposed boundaries of the capital improvement district;
B. The proposed improvements to the capital improvement district;
C. The estimated costs of the proposed improvements;
D. The public elements of the capital improvement district; and
E. A brief narrative description and schedule of the referendum conducted pursuant to subsection 4.
At least 14 days in advance of the date of the initial public hearing, the same information provided in the published notice must also be sent by certified mail to all owners of property within the proposed capital improvement district according to the municipality's assessing records. Notice for any additional public hearings must be posted and published in the same manner as notice for the initial public hearing, but mailed notice of the subsequent public hearings is not required.
3. Public hearing. Prior to any referendum held pursuant to subsection 4 or 5, the municipal officers shall hold an initial public hearing on the proposed capital improvement district to solicit comments from the residents of the municipality and the owners of property located in the proposed district concerning the:
A. Proposed boundaries of the capital improvement district;
B. Type of improvements to the proposed capital improvement district being considered;
C. Need for the proposed improvements;
D. Costs of the proposed improvements;
E. Projected assessed shares and the contingency fee of no more than 25% of that assessment to the owners of property located in the proposed capital improvement district to pay for the improvements being considered;
F. Proposed duration of the payment period for those special assessments;
G. Proposed public elements of the capital improvement district; and
H. Scheduled dates of referenda conducted pursuant to subsection 4 or 5.
The municipal officers may hold additional public hearings as necessary.
4. Referendum of owners of property in proposed capital improvement district. The municipal officers shall call and conduct a referendum among the owners of property within the proposed capital improvement district to determine the property owners' willingness to undertake the costs of the proposed improvements to the capital improvement district.
A. The method of calling and voting on the referendum question is as provided in section 2528 except as otherwise provided in this subsection.
B. The registered voters of the municipality who own property within the proposed capital improvement district and the owner or owners of record for each parcel of property located in the proposed capital improvement district reflected on the deed for the property recorded in the registry of deeds within the county as of the preceding April 1st, if the owner or owners are of legal voting age and citizens of the United States, are eligible to vote in the referendum. A person may not cast more than one vote. The municipal officers shall determine who are the legal voters of the proposed capital improvement district and shall prepare or cause to be prepared a list of voters at least 24 hours before the referendum is conducted.
C. The referendum must be scheduled to occur no sooner than 45 days after the date of the initial public hearing held pursuant to subsection 3.
D. A public hearing must be held pursuant to section 2528, subsection 5, only if any of the information presented to the voters at the most recent public hearing called pursuant to subsection 3 is changed prior to inclusion on the ballot.
E. The referendum to be voted on must be worded substantially as follows: "As an owner of property in the proposed capital improvement district described on the reverse side of this ballot or in the attachment to this ballot, are you in favor of authorizing the municipality of _______ to apply a special assessment against the property you own in the proposed capital improvement district for a period of ____ years, for the purpose of (description of improvements), with the total assessment to all property owners within the capital improvement district not to exceed $___________, plus a contingency of no more than 25% of that assessment, all of which are subject to the property tax collection and lien procedures established by state law, and with said authorization contingent on the voters of the municipality of _________ accepting the public costs for the capital improvement district improvements before any work is done, specifically described as (description of public elements)?"
The voters shall indicate by a cross or check mark placed against the word "Yes" or "No" their opinion of the same.
The municipal officers may proceed with conducting the municipal referendum in accordance with subsection 5 only if 2/3 of those casting ballots pursuant to this subsection vote to approve creating the capital improvement district.
5. Referendum of municipal voters. The referendum of the municipal voters may not be called and conducted for the purposes of this chapter unless the referendum held pursuant to subsection 4 resulted in a 2/3 majority vote supporting the ballot question. If the referendum held pursuant to subsection 4 received a 2/3 majority vote, the municipal officers shall call and conduct a referendum for the voters of the municipality to determine if the public elements of the proposed capital improvement district authorized pursuant to subsection 4 are authorized by the voters of the municipality.
A. The method of calling and voting on the referendum question is as provided in section 2528 except as otherwise provided in this subsection.
B. The referendum of the municipal voters must be scheduled to occur within 45 to 90 days after the date of the referendum held pursuant to subsection 4.
C. The referendum to be voted on must be worded substantially as follows: "Are you in favor of establishing a capital improvement district described on the reverse side of this ballot or in the attachment to this ballot and authorizing a special assessment against the several properties in the capital improvement district, with the special assessment running for a period of ____ years, for the purpose of (describe improve-ments), with the total assessment to all owners of property within the capital improvement district not to exceed $___________, plus a contingency of no more than 25% of that assessment, all of which are subject to the property tax collection and lien procedures established by state law, and are you also in favor of the municipality of ________ accepting the public costs for the capital improvement district improvements, specifically described as (describe the public elements), with all associated and ongoing rights, privileges and responsibilities of public ownership?"
The voters shall indicate by a cross or check mark placed against the word "Yes" or "No" their opinion of the same.
D. If a majority of those voting approve of the ballot question, the capital improvement district is created. Upon the creation of a capital improvement district, the municipality is authorized to raise revenues pursuant to chapter 223 and expend those revenues for the improvements authorized at referendum.
E. If the owners of property within the proposed capital improvement district or the voters of the municipality fail to establish the capital improvement district, the municipal officers may not act upon a proposal to create the same capital improvement district for a period of 3 years from the date that capital improvement district was rejected by voters.
§5214. Implementation of improvements to capital improvement district
1. Advisory committee. The municipal officers are responsible for implementing improvements to the capital improvement district. For the purposes of overseeing the authorized improvements to the capital improvement district, the municipal officers shall appoint an advisory committee consisting of no fewer than 3 and no more than 7 owners of property within the capital improvement district for the purposes of receiving comments and recommendations on the proposed improvement or improvements within the capital improvement district. Advisory committee members serve at the pleasure of the municipal officers.
2. Cost of improvement. The initial cost of an authorized improvement in a capital improvement district is borne by the municipality until the improvement is complete, as determined by the municipal officers. Commencing with the first tax year that begins after the determination by the municipal officers that the improvement is complete, the municipality shall levy a special assessment against each property in the capital improvement district representing that property's annual share of the cost of the improvement as determined by the municipal officers and projected in the referenda ballots that created the capital improvement district, unless the actual total cost of the improvement is determined to be less than projected during the referenda, in which case the special assessments are reduced proportionally to reflect the actual cost.
3. Method of assessment. The special assessments must be included in the next annual warrant to the tax collector of the municipality for collection and must be collected in the same manner as state, county and municipal taxes are collected.
4. Annual report. The municipality's annual report must record the progress of implementing the improvements to the capital improvement district. At a minimum, the annual report must include:
A. The boundaries of the capital improvement district;
B. The public elements of the capital improvement district;
C. The improvements to the capital improvement district made by the municipality; and
D. The total cost of those improvements, the schedule of the assessed shares and contingency fees against the property located within the district to pay for the improvements and the degree to which those assessed shares and contingency fees have been collected.
§5215. Dissolution of capital improvement district
A capital improvement district created under this chapter may not be dissolved until the debt created by the improvements is finally discharged and the special assessments levied for the purpose of providing for those improvements have been paid or otherwise satisfied. The municipal officers shall dissolve a capital improvement district upon certification of the discharge of debt. The certification of the discharge of debt must be presented to the municipal officers by the municipal treasurer. At a minimum, the certification must include an attestation by the municipal treasurer that all assessed shares levied for the improvements in a capital improvement district have been paid in full or a property tax lien has been recorded in the registry of deeds.
Sec. A-30. 30-A MRSA c. 206, as enacted by PL 2001, c. 521, §1, is repealed.
Sec. A-31. 34-A MRSA §1205, as amended by PL 2001, c. 667, Pt. C, §19, is repealed.
Sec. A-32. 37-B MRSA §701, sub-§4, as amended by PL 2001, c. 614, §4 and c. 662, §72, is repealed and the following enacted in its place:
4. Mutual aid. Provide for the rendering of mutual aid among the political subdivisions of the State and with other states and provinces of Canada for the accomplishment of emergency management functions.
Sec. A-33. 37-B MRSA §704, 3rd ¶, as amended by PL 2001, c. 614, §8 and c. 662, §76, is repealed and the following enacted in its place:
The director, subject to the direction and control of the commissioner, is the executive head of the agency and is responsible for carrying out the program for emergency management. The director shall coordinate the activities of all organizations for emergency management within the State; shall maintain liaison with and cooperate with emergency management and public safety agencies and organizations of other states, the Federal Government and foreign countries, and their political subdivisions; prior to the annual meeting required in section 782, subsection 4, shall provide to each of the local emergency management organizations of the State an annual assessment of each organization's degree of emergency management capability and any other information pertinent to ensuring the public's welfare and safety within the local organization's jurisdiction; and has additional authority, duties and responsibilities as may be prescribed by the commissioner.
Sec. A-34. 37-B MRSA §741, as amended by PL 2001, c. 614, §11 and c. 662, §78, is repealed and the following enacted in its place:
1. Control during emergencies. In the event of disaster beyond local control, the Governor may assume direct operational control over all or any part of the emergency management and public safety functions within the State.
2. Cooperation. In performing the duties required by this chapter, the Governor shall, directly or through the commissioner, cooperate with all departments and agencies of the Federal Government, with the offices and agencies of other states and foreign countries and their political subdivisions and with private agencies in all matters pertaining to the emergency management capability of the State and of the Nation.
3. Authority. In performing the duties required by this chapter, the Governor may:
A. Make, amend and rescind the necessary orders and rules to carry out this chapter within the limits of the authority conferred upon the Governor and not inconsistent with the rules, regulations and directives of the President of the United States or of any federal department or agency having specifically authorized emergency management functions;
B. Prepare a comprehensive plan and program for the emergency management functions of this State. That plan and program must be integrated into and coordinated with the emergency management plans of federal agencies and with the plans of other states and foreign countries, and their political subdivisions, to the fullest possible extent;
C. Coordinate the preparation of plans and programs for emergency management functions by the political subdivisions of the State. These plans must be integrated into and coordinated with the emergency management plan and program of the State to the fullest possible extent;
D. In accordance with the plan and program for the emergency management functions of the State, and consistent with the emergency management plans, programs and directives of the Federal Government, procure supplies and equipment, institute training programs and public information programs and take all other preparatory steps, including the partial or full mobilization of emergency management organizations in advance of actual disaster or catastrophe, to ensure the furnishing of adequately trained and equipped forces of emergency management personnel in time of need;
E. Conduct studies and surveys and take inventories of the industries, resources and facilities of the State necessary to ascertain the State's emergency management capabilities, and plan for their most efficient emergency use, including emergency economic controls to ensure adequate production and equitable distribution of essential commodities;
F. Whenever a shortage of critical material supplies appears imminent in the State, establish emergency reserves of those products necessary to ensure the health, welfare and safety of the people of the State. To establish those reserves, the Governor may purchase quantities of those materials for resale on a cost plus expenses basis for priority end users within the State;
G. On behalf of the State, enter into mutual aid arrangements with other states and foreign countries, and their political subdivisions, and coordinate mutual aid plans between political subdivisions of the State. If an arrangement is entered into with a jurisdiction that has enacted the Interstate Civil Defense and Disaster Compact, chapter 15, the Emergency Management Assistance Compact, chapter 16, or the International Emergency Management Assistance Compact, chapter 16-A, any resulting agreement or agreements may be considered supplemental agreements pursuant to those compacts. If the other jurisdiction or jurisdictions with which the Governor proposes to cooperate have not enacted one of those compacts, the Governor may negotiate special agreements with the jurisdiction or jurisdictions. Any agreement, if sufficient authority for its making does not otherwise exist, becomes effective only after approval by the Legislature; and
H. Delegate any authority vested in the Governor under this chapter and provide for the subdelegation of that authority.
Sec. A-35. 37-B MRSA §782, as amended by PL 2001, c. 614, §14 and c. 662, §83, is repealed and the following enacted in its place:
A director must be appointed for each municipal and county or regional emergency management agency. A director of an emergency management agency may not be at the same time an executive officer or member of the executive body of a municipality or interjurisdictional or county or regional agency of the State or a county commissioner. Notwithstanding this section or any other law, a town manager or administrative assistant may also be appointed to serve as the director of an emergency management agency. A director may be removed by the appointing authority for cause.
1. Municipal emergency management director. The municipal officers shall appoint the director of the municipality's emergency management agency. In each municipality that has not established an agency of its own, the municipal officers shall designate an emergency management director to facilitate cooperation in the work of disaster mitigation, preparedness, response and recovery. The emergency management director shall serve as liaison to the appropriate county or regional agency.
2. County agency director. The county commissioners shall appoint the director of that county's emergency management agency.
3. Interjurisdictional and regional agency directors. The director of an interjurisdictional or regional emergency management agency must be appointed in the manner prescribed by the director in accordance with section 781, subsection 3.
4. Annual meeting with Director of the Maine Emergency Management Agency. The director of each county or regional organization for emergency management in the State and the respective appointing authority shall meet each year with the Director of the Maine Emergency Management Agency or the agency's successor, in order to review the performance of the county or regional emergency management organization in carrying out its federal and state mandate and to jointly set new goals for the coming year.
Sec. A-36. 37-B MRSA §783, last ¶, as amended by PL 2001, c. 614, §16 and c. 662, §85, is repealed and the following enacted in its place:
Each municipal, county and regional emergency management agency, as part of the development of a disaster emergency plan for the area subject to its jurisdiction, shall consult with hospitals within its jurisdiction to ensure that the disaster plans developed by the municipality or agency and the hospitals are compatible.
Sec. A-37. 37-B MRSA §784, as amended by PL 2001, c. 614, §17 and c. 662, §86, is repealed and the following enacted in its place:
The director of each local organization for emergency management shall, in collaboration with other public and private agencies within the State, develop or cause to be developed mutual aid arrangements for reciprocal emergency management aid and assistance in case of a disaster too great to be dealt with unassisted. These arrangements must be consistent with the state emergency management program, and in time of emergency each local organization for emergency management shall render assistance in accordance with the mutual aid arrangements. For this purpose, political subdivisions are authorized when geographical locations make mutual aid arrangements desirable to enter into mutual aid arrangements subject to the approval of the director.
Sec. A-38. 37-B MRSA §823, first ¶, as amended by PL 2001, c. 614, §21 and c. 662, §89, is repealed and the following enacted in its place:
All members of the emergency management forces are deemed to be employees of the State while on, or training for, emergency management duty. They have all the rights given to state employees under the former Maine Workers' Compensation Act or the Maine Workers' Compensation Act of 1992. All claims must be filed, prosecuted and determined in accordance with the procedure set forth in the Maine Workers' Compensation Act of 1992.
Sec. A-39. 37-B MRSA §829, first ¶, as amended by PL 2001, c. 614, §26 and c. 662, §95, is repealed and the following enacted in its place:
It is the duty of every agency for emergency management established pursuant to this chapter and of the officers to execute and enforce orders and rules adopted by the Governor under authority of this chapter. Each emergency management agency shall have available for inspection at its office all orders and rules made by the Governor or issued under the Governor's authority.
Sec. A-40. 37-B MRSA §831, as amended by PL 2001, c. 614, §26 and c. 662, §96, is repealed and the following enacted in its place:
§831. Utilization of existing services and facilities
In carrying out this chapter, the Governor and the executive officers or governing bodies of the political subdivisions of the State shall utilize the services and facilities of existing departments, offices and agencies of the State and all their political subdivisions to the maximum extent practicable. The officers and personnel of all departments, offices and agencies shall cooperate with and extend their services and facilities to the Governor and to the emergency management organizations of the State upon request.
Sec. A-41. 37-B MRSA §832, first ¶, as amended by PL 2001, c. 614, §26 and c. 662, §97, is repealed and the following enacted in its place:
An emergency management organization established under the authority of this chapter may not participate in any form of political activity and may not be employed directly or indirectly for political purpose.
Sec. A-42. PL 2001, c. 688, §4 is repealed.
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