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PUBLIC LAWS
First Special Session of the 122nd

CHAPTER 51
H.P. 399 - L.D. 523

An Act Authorizing the Public Utilities Commission To Designate a Sole Provider of 2-1-1 Information and Referral Services in Maine

     Emergency preamble. Whereas, acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

     Whereas, on July 21, 2000 the Federal Communications Commission determined that there was sufficient public benefit to justify the use of a scarce public resource to assign 2-1-1 to be used for access to community information and referral services; and

     Whereas, the Legislature finds that the implementation of a single, easy-to-use telephone number, 2-1-1, for public access to information and referral for health and human services and disaster-related information will benefit the citizens of this State by providing easier access to available health and human services, by reducing inefficiencies in connecting people with the desired service providers and by reducing duplication of effort; and

     Whereas, the Legislature further finds that there is currently no entity authorized to provide information and referral services in Maine using the FCC-reserved 2-1-1 telephone number; and

     Whereas, the Public Utilities Commission has determined that it has no jurisdiction to designate an information and referral service provider entitled to use the 2-1-1 telephone number in this State; and

     Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 35-A MRSA §7108 is enacted to read:

§7108.   Use of 2-1-1 number; designation of sole entity entitled to use

     The commission may designate an appropriate entity to be the sole entity entitled to use the 2-1-1 telephone number assigned by the Federal Communications Commission to be used for access to information and referral services. A designation may not extend for more than 3 years but may be renewed by the commission, after review, for successive periods of up to 3 years each. There is no limit on the number of times the commission may renew a designation of the same entity pursuant to this section. Before making a designation or renewing a designation, the commission shall determine that the designation or renewal is in the public interest. The commission may consult with appropriate state and local agencies and other public or private entities before granting a designation or renewing a designation. The commission may suspend, revoke, terminate or modify a designation if the commission determines the public interest is no longer served by the designation or in response to actions by the Federal Communications Commission that affect the availability or assigned use of the 2-1-1 number.

     Sec. 2. Initial designation of 2-1-1 service provider. Within 60 days of the effective date of this act or the receipt by the Public Utilities Commission of a request from an entity for a designation pursuant to the Maine Revised Statutes, Title 35-A, section 7108, whichever is later, the commission shall make a designation pursuant to that section, provided the commission determines that the designation satisfies the requirements of that section.

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

Effective April 20, 2005.

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