HP0266, LD 340, item 2, ‘An Act To Clarify the Temporary Medical Allowance Relating to Lobster and Crab Fishing Licenses’

Amend the bill by striking out the title and substituting the following:

‘An Act To Clarify the Temporary Medical Allowance Relating to Lobster and Crab Fishing Licenses’

Amend the bill by striking out everything after the enacting clause and inserting the following:

‘Sec. 1. 12 MRSA §6450, sub-§1, as amended by PL 2017, c. 352, §1, is further amended to read:

1. Temporary medical allowance. Notwithstanding section 6421, upon request the commissioner may issue a temporary medical allowance that permits an individual to fish under the authority of the license of a Class I, Class II or Class III lobster and crab fishing license holder but not under the license holder's direct supervision when that license holder is unable to fish if the following criteria are met:

A. The individual who will be fishing has successfully completed an apprentice program under section 6422;

B. The individual who will be fishing is the child or , spouse or domestic partner of the individual who holds the Class I, Class II or Class III lobster and crab fishing license;

C. The holder of the Class I, Class II or Class III lobster and crab fishing license is unable to use that license , all or part of the time, due to a substantial illness or medical condition. The holder of the Class I, Class II or Class III lobster and crab fishing license shall provide the commissioner with documentation from a physician describing the illness or other medical condition; and

D. The holder of the Class I, Class II or Class III lobster and crab fishing license documents to the commissioner that the license holder harvested a minimum of 1,000 pounds of lobsters within one year prior to the request for the temporary medical allowance.

A request for a temporary medical allowance must be in writing and must specify the dates for which the temporary medical allowance is requested. The holder of the Class I, Class II or Class III lobster and crab fishing license on which the temporary medical allowance is based must maintain a valid license during the duration of the temporary medical allowance. The holder of the Class I, Class II or Class III lobster and crab fishing license is liable for the activities of the individual fishing under the temporary medical allowance , whether or not the license holder is present on the vessel.’

SUMMARY

This amendment replaces the bill and changes the title. It clarifies that a lobster and crab fishing license holder who has a substantial illness or medical condition and has been granted a temporary medical allowance may continue to fish under the license as long as the license holder does not fish concurrently with the individual authorized to fish under the authority of that license holder through the temporary medical allowance. It adds domestic partners to the list of individuals authorized to fish under this provision. It also clarifies that the license holder is liable for the activities of the individual fishing under the temporary medical allowance whether or not the license holder is present on the vessel.

FISCAL NOTE REQUIRED

(See attached)

HP0266 LD 340	Session - 129th Maine Legislature C "A", Filing Number H-70, Sponsored by		LR 5 Item 2
	Bill Tracking, Additional Documents	Chamber Status

Bill Tracking		Chamber Status
Amendments	Testimony, Public Hearings & Work Sessions		Committee Information for this Bill
Other Documents			Title & Section

Search Bill Text		Search Bill Status
Bill Directory	Current Committees		Legislative Information
Download MS-Word, Printed PDF		Maine Legislature

Office of Legislative Information 100 State House Station Augusta, ME 04333		voice: (207) 287-1692 fax: (207) 287-1580 tty: (207) 287-6826
Word Viewer for Windows		Disclaimer