| | | institution with which the funds are deposited or by an | | investment advisor registered with the National Association of | | Securities Dealers, federal Securities and Exchange Commission or | | other governmental agency or instrumentality with jurisdiction | | over investment advisors, to act in such capacity pursuant to an | | investment advisory agreement providing for investment management | | and periodic review of portfolio investments. Investment of | funds on behalf of the municipality under this section are | governed by the rule of prudence, according to Title 18-A, | section 7-302 | | contracting parties shall give assurance of proper safeguards | | that are usual to these contracts and shall furnish insurance | | protection satisfactory to both parties. |
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| | | Sec. B-18. 36 MRSA §5102, sub-§4, ¶¶B and C, as amended by PL 1991, c. | | 148, §1, are further amended to read: |
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| | | B. A trust created by will of a decedent who at death was | | domiciled in this State; or |
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| | | C. A trust created by, or consisting of property of, a | person domiciled in this State; or |
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| | | Sec. B-19. 36 MRSA §5102, sub-§4, ¶D, as enacted by PL 1991, c. 148, | | §2, is repealed. |
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| | | Sec. B-20. Effective date. This Part takes effect July 1, 2005. |
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| | | Sec. C-1. 18-A MRSA §5-506, sub-§(d) is enacted to read: |
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| | | (d)__An agent under a durable health care power of attorney | | has the power and authority to serve as the personal | | representative of the principal for all purposes of the federal | | Health Insurance Portability and Accountability Act of 1996, 42 | | United States Code, Section 1320d et seq. and its regulations, 45 | | Code of Federal Regulations 160-164.__The agent has all the | | rights of the principal with respect to the use and disclosure of | | the individually identifiable health information and other | | medical records of the principal. |
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| | | Sec. C-2. 18-A MRSA §5-802, sub-§(j) is enacted to read: |
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| | | (j)__A surrogate or an agent named in an advance health-care | | directive has the power and authority to serve as the personal | | representative of the patient who executed the health care | | directive for all purposes of the federal Health Insurance |
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