Sec. BB-3. 18-A MRSA §5-425, sub-§(b), as enacted by PL 1979, c. 540, §1, is amended to read:

(b) If the estate is ample to provide for the purposes implicit in the distributions authorized by the preceding subsections, a conservator for a protected person other than a minor has power to make gifts to charity and other objects as the protected person might have been expected to make, in amounts which that do not exceed in total for any year 20% of the income from the estate. Such a gift may not be made other than to the protected person's spouse unless the conservator has established upon due inquiry that the estate of the protected person is sufficient for the protected person's care and maintenance for the present and the foreseeable future, including due provision for the protected person's established standard of living and for the support of any persons the protected person is legally obligated to support.__The conservator may not make any gift for the purpose of diminishing the protected person's estate in order to qualify the protected person for federal or state aid or benefits.__This subsection does not prohibit a transfer to a trust established pursuant to 42 United States Code, Section 1396p(d)(4).

PART CC

Sec. CC-1. 22 MRSA §1552, as amended by PL 1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read:

§1552. Application procedure

1. Application process; license fees. An applicant for a one-time an annual retail tobacco license shall file an application in the form required by the department. The department shall make provisions for applications under this section. The fee for a one-time retail tobacco license is set by the department at the actual cost of processing the application and issuing the license, up to but not exceeding $25 $50 annually. The applicant shall enclose the fee with the application for the license.

2. Term of license. All retail tobacco licenses are valid indefinitely for one year unless suspended, revoked or not