PUBLIC LAWS
Second Regular Session of the 122nd

CHAPTER 683, PART C

     Sec. C-1. 5 MRSA §121, as amended by PL 1975, c. 771, §34, is further amended to read:

§121. Office; bond; salary; deputy; fees

     The Treasurer of State shall keep his the office at the seat of government and give the bond required by the Constitution to the State of Maine, with 2 or more surety companies authorized to transact business therein in the State, as sureties, in the penal sum of not less than $500,000. Each surety company shall give bond for only a fractional part of the total penal sum and shall be held responsible for its proportional share of any loss.

     The Treasurer of State shall may not receive no any other fee, emolument or perquisite in addition to his the salary.

     The chief clerk in the office of the Treasurer of State shall be is designated as "deputy treasurer of state." In the event of a vacancy in the office of Treasurer of State, the deputy treasurer of state shall act as the Treasurer of State until a Treasurer of State is elected by the Legislature, and the deputy treasurer shall give bond to the State, with sureties, to the satisfaction of the Governor for the faithful discharge of the trust. During In the event of the absence or disability of the Treasurer of State, the deputy treasurer of state shall act as the Treasurer of State to perform the duties of the office, including the exercise of all the Treasurer of State's rights and obligations as a member or ex officio member of any governing board of directors. When a vacancy occurs, he shall give bond to the State, with sureties, to the satisfaction of the Governor, for the faithful discharge of his trust.

     Sec. C-2. 5 MRSA §2031, sub-§1, as amended by PL 2005, c. 343, §1, is further amended to read:

     1. Council established. The Pharmaceutical Cost Management Council, referred to in this chapter as "the council," is established and consists of 15 16 voting members appointed by the Governor as follows:

A. The Commissioner of Administrative and Financial Services or the commissioner's designee;
B. The Commissioner of Health and Human Services or the commissioner's designee;
C. The Executive Director of the Workers' Compensation Board or the executive director's designee;
D. One representative of private payors who join the council;
E. One member from each of Four members representing the following publicly funded groups:

(1) The Two members from the Maine state employees health insurance program, one member representing labor and one member representing management;
(2) The One member from the University of Maine System; and
(3) The One member from the Maine Community College System;

F. The director of the Governor's Office of Health Policy and Finance or the director's designee or the director of a successor agency;
G. Two public purchasers not listed above;
H. A health care provider;
I. A clinical pharmacist; and
J. Three consumers of health care services, one of whom represents a statewide organization that advocates for enrollees in a publicly funded health program that includes comprehensive prescription drug benefits.

Representatives of municipal or county governments, the Maine Education Association's benefits trust, the Maine School Management Association's benefits trust and other public purchasers not listed in this subsection and private purchasers may be allowed to join the council as nonvoting members and to participate in savings opportunities.

     Sec. C-3. 8 MRSA §300-A, sub-§1, as enacted by PL 2005, c. 304, §1, is amended to read:

     1. Illegal wagering on horse races. A person is liable for the damages specified in this section if that person accepts a wager concerning harness racing from a person located within this State unless the person accepting the wager is licensed to do so under this chapter. and:

A. A license is required under this chapter to accept the wager; and
B. The person who accepts the wager is not licensed to do so under this chapter.

     Sec. C-4. 10 MRSA §1415-C, sub-§6, as amended by PL 1991, c. 824, Pt. A, §14, is further amended to read:

     6. Waiver application. A request for a waiver under subsection 4 must be submitted to the Department of Economic and Community Development commission in writing and must contain the location of the renovation, the intended use of the building and the names of the owner, designer and contractor or builder. If applying for a waiver under the historic preservation provisions of subsection 4, information on the historic character of the building must be provided to the commissioner commission. If applying for a waiver under the economic hardship provisions of subsection 4, information on the economic infeasibility must be provided to the commissioner commission.

     Sec. C-5. 18-A MRSA §3-108, as repealed and replaced by PL 1983, c. 256, is amended to read:

§3-108.    Probate, testacy and appointment proceedings; ultimate time limit

     (a) For decedent's a decedent dying on or after January 1, 1981, no informal probate or appointment proceeding or formal testacy or appointment proceeding, other than a proceeding to probate a will previously probated at the testator's domicile and appointment proceedings relating to an estate in which there has been a prior appointment, may be commenced more than 3 years after the decedent's death, except:

(1) If a previous proceeding was dismissed because of doubt about the fact of the decedent's death, appropriate probate, appointment or testacy proceedings may be maintained at any time thereafter upon a finding that the decedent's death occurred prior to the initiation of the previous proceeding and the applicant or petitioner has not delayed unduly in initiating the subsequent proceeding;
(2) Appropriate probate, appointment or testacy proceedings may be maintained in relation to the estate of an absent, disappeared or missing person for whose estate a conservator has been appointed, at any time within 3 years after the conservator becomes able to establish the death of the protected person; and
(3) A proceeding to contest an informally probated will and to secure appointment of the person with legal priority for appointment in the event the contest is successful, may be commenced within the later of 12 months from the informal probate or 3 years from the decedent's death. These limitations do not apply to proceedings to construe probated wills or determine heirs of an intestate. In cases under paragraph (1) or (2), the date on which a testacy or appointment proceeding is properly commenced shall be deemed to be the date of the decedent's death for purposes of other limitations provisions of this code which relate to the date of death.

These limitations do not apply to proceedings to construe probated wills or determine heirs of an intestate. In cases under paragraph (1) or (2), the date on which a testacy or appointment proceeding is properly commenced is deemed to be the date of the decedent's death for purposes of other limitations provisions of this Code that relate to the date of death.

     (b) For decedent's a decedent dying before January 1, 1981, no informal probate or appointment proceeding or formal testacy or appointment proceeding, other than a proceeding to probate a will previously probated at the testator's domicile and appointment proceedings relating to an estate in which there has been a prior appointment, may be commenced more than 20 years after the decedent's death, except:

(1) If a previous proceeding was dismissed because of doubt about the fact of the decedent's death, appropriate probate, appointment or testacy proceedings may be maintained at any time thereafter upon a finding that the decedent's death occurred prior to the initiation of the previous proceeding and the applicant or petitioner has not delayed unduly in initiating the subsequent proceeding;
(2) Appropriate probate, appointment or testacy proceedings may be maintained in relation to the estate of an absent, disappeared or missing person for whose estate a conservator has been appointed at any time within the applicable limitation period, as set forth in this section, which shall begin to run after the conservator becomes able to establish the death of the protected person; and
(3) A proceeding to contest an informally probated will, and to secure appointment of the person with legal priority for appointment in the event the contest is successful, may be commenced within the later of 12 months from the informal probate or the running of the applicable limitation period. These limitations do not apply to proceedings to construe probated wills or determine heirs of an intestate. In cases under paragraph (1) or (2), the date on which a testacy or appointment proceeding is properly commenced shall be deemed to be the date of the decedent's death for purposes of the limitations provisions of this Code which relate to the date of death.

These limitations do not apply to proceedings to construe probated wills or determine heirs of an intestate. In cases under paragraph (1) or (2), the date on which a testacy or appointment proceeding is properly commenced is deemed to be the date of the decedent's death for purposes of the limitations provisions of this Code that relate to the date of death.

     Sec. C-6. 18-A MRSA §3-703, sub-§(a), as amended by PL 1997, c. 73, §§1 and 2 and affected by §4, is further amended to read:

     (a) A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of any probated and effective will and this Code, and as expeditiously and efficiently as is consistent with the best interests of the estate. The personal representative shall use the authority conferred upon the personal representative by this Code, the terms of the will, if any, and any order in proceedings to which the personal representative is party for the best interests of successors to the estate. A personal representative is a fiduciary who shall observe the standards of care applicable to trustees as described in section 7-302 Title 18-B, sections 802, 803, 805, 806 and 807 and Title 18-B, chapter 9, except as follows.

(1) A personal representative, in developing an investment strategy, shall take into account the expected duration of the period reasonably required to effect distribution of the estate's assets.
(2) Except as provided in section 3-906, subsection (a), paragraphs (1) and (2), a personal representative may make distribution of an estate's assets in cash or in kind, in accordance with the devisees' best interests, and is not required either to liquidate the estate's assets or to preserve them for distribution.
(3) If all devisees whose devises are to be funded from the residue of an estate agree, in a written instrument signed by each of them and presented to the personal representative, on an investment manager to direct the investment of the estate's residuary assets, the personal representative may, but need not, rely on the investment advice of the investment manager so identified or delegate the investment management of the estate's residuary assets to such manager and, in either case, may pay reasonable compensation to the manager from the residue of the estate. A personal representative who relies on the advice of, or delegates management discretion to, an investment manager in accordance with the terms of this section is not liable for the investment performance of the assets invested in the discretion of, or in accordance with the advice of, such investment manager.

     Sec. C-7. 18-B MRSA §105, sub-§3, as enacted by PL 2005, c. 184, §6, is amended to read:

     3. Waiver or modification. The settlor, in the trust instrument or in another writing delivered to the trustee, may waive or modify the duties of a trustee under section 813, subsection 1 or 2 to give notice, information and reports to qualified beneficiaries by in either or both of the following ways:

A. Waiving or modifying such duties as to all qualified beneficiaries except the settlor's surviving spouse during the lifetime of the settlor or the lifetime of the settlor's surviving spouse; and
B. Designating a person or persons, any of whom may or may not be a beneficiary, to act in good faith to protect the interests of the qualified beneficiaries who are not receiving notice, information or reports and to receive any notice, information or reports required under section 813, subsection 1 or 2 in lieu of providing such notice, information or reports to the qualified beneficiaries. The person or persons designated under this paragraph are deemed to be representatives of the qualified beneficiaries not receiving notice, information or reports for the purposes of the time limitation for a beneficiary to commence an action against the trustee for breach of trust as provided in section 1005, subsection 1.

     Sec. C-8. 30-A MRSA §2652, sub-§1, ¶¶C and D, as amended by PL 1993, c. 405, §1, are further amended to read:

C. Affidavit establishing or correcting a record of birth, marriage or death as provided by Title 22, sections 2705 and 2764, $4;

(1) Issuance of a copy of the record to the applicant, $7 $10 for the first copy and $3 $5 for each additional copy;

D. Affidavit legitimating a birth as provided by Title 22, section 2765, $4;

(1) Issuance of a copy of the amended birth record to the applicant, $7 $10 for the first copy and $3 $5 for each additional copy;

     Sec. C-9. 32 MRSA §82, sub-§1, as amended by PL 1995, c. 161, §1-A, is further amended to read:

     1. Licenses required. An ambulance service, ambulance, nontransporting emergency medical service or emergency medical services person may not operate or practice unless duly licensed by the Emergency Medical Services' Board pursuant to this chapter, except as stated in subsection 2.

An ambulance, ambulance service, nontransporting emergency medical service or emergency medical services person that fails to obtain licensure is subject to a fine of not more than $500 or imprisonment for not more than 6 months, unless other penalties are specified.

     Sec. C-10. 32 MRSA §82, sub-§3 is enacted to read:

     3. Violation. An ambulance, ambulance service, nontransporting emergency medical service or emergency medical services person that fails to obtain licensure under subsection 1 commits a Class E crime, unless other penalties are specified.

     Sec. C-11. PL 2005, c. 519, Pt. GGG, §1 is amended to read:

     Sec. GGG-1. Appropriations and allocations. The following appropriations and allocations are made.

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)
Purchased Social Services 0228
Initiative: Appropriates funds for grants to build new newly built or to be built hospices and to establish new hospice services to support in-patient hospice facilities. These funds must be awarded through a competitive bidding process, the funds being awarded equally among the following 2 areas of the State: Lewiston and Auburn; and Scarborough and South Portland to Hospice of Southern Maine located in Portland and Androscoggin Home Care and Hospice located in Lewiston. Grantees must have plans submitted submit their detailed plans to the Department of Health and Human Services by July 1, 2006 to qualify for these grants. The plans must include but are not restricted to a description of the business relationship between the grantee and other for-profit or nonprofit organizations, the construction plan of the facility built or to be built, the expected cost of the facility, the number of people to be employed at the facility and the services to be offered from the facility.
GENERAL FUND 2005-06 2006-07

All Other $0 $250,000

__________ __________

GENERAL FUND TOTAL $0 $250,000

     Sec. C-12. PL 2005, c. 519, Pt. GGG, §2 is enacted to read:

     Sec. GGG-2. Report. The Department of Health and Human Services must submit a 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 no later than January 15, 2007 identifying how the grant funds awarded under section 1 were utilized by the grantees.

     Sec. C-13. PL 2005, c. 519, Pt. UUU, §2 is amended to read:

     Sec. UUU-2. Appropriations and allocations. The following appropriations and allocations are made.

EDUCATION, DEPARTMENT OF
Education in the Unorganized Territory 0220
Initiative: Provides for a one-time deappropriation of funds to the Education in the Unorganized Territory program in fiscal year 2005-06.
GENERAL FUND 2005-06 2006-07

All Other Personal Services ($400,000) $0

__________ __________

GENERAL FUND TOTAL ($400,000) $0

     Sec. C-14. Resolve 2005, c. 183, §1, sub-§§23 and 24 are amended to read:

     23. Language is added regarding the verification of habitat value for shorebird nesting, feeding and staging areas that provides that:

A. An individual may voluntarily submit documentation to the Department of Environmental Protection or the Department of Inland Fisheries and Wildlife regarding the value of a shorebird nesting, feeding or staging area;
B. Documentation must be completed by an individual who has experience and training in either wetland ecology or wildlife ecology, and therefore has qualifications sufficient to identify and document a high- or moderate-value shorebird nesting, feeding or staging area, or the documentation must be field-verified by the Department of Inland Fisheries and Wildlife;
C. Following review of the documentation, the Department of Inland Fisheries and Wildlife may modify the boundary of a high- or moderate-value shorebird nesting, feeding or staging area depicted on the applicable geographic information system data layer; and
D. A landowner will receive written confirmation of the documentation from the Department of Environmental Protection; and

     24. The section regarding department determinations of shorebird nesting, feeding and staging areas in the provisionally adopted rule is deleted and replaced with a provision that provides that if, upon request from a landowner, the Department of Environmental Protection staff provides a written field determination or advisory opinion regarding the presence or absence of a high- or moderate-value shorebird nesting, feeding or staging area, a landowner acting on that determination or advisory opinion by carrying out an activity subsequently found to be in violation is not required to obtain a permit for that activity and will not be subject to enforcement action if jurisdiction or a penalty would be based solely on that activity; and be it further

     Sec. C-15. Resolve 2005, c. 183, §1, sub-§25 is enacted to read:

     25. Language is amended to provide that one of the criteria for determining whether a shorebird feeding or staging site qualifies as significant shorebird habitat is that the mean number of shorebirds for a single species since 1987 at a site is 10% or more of the overall or total mean number observed of that species in the encompassing shorebird survey unit; and be it further

     Sec. C-16. Retroactivity. Those sections of this Part that amend Resolve 2005, chapter 183, section 1 apply retroactively to April 12, 2006.

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