Sec. C-1. 4 MRSA §183, sub-§1, ¶D, as amended by PL 2003, c. 39, §1 and c. 84, §1, is repealed and the following enacted in its place:
D. Family case management officers shall employ appropriate case management techniques and have jurisdiction to hear and dispose of the following matters:
(1) Interim orders in actions involving the establishment, modification or enforcement of child support;
(2) Interim orders in actions involving divorce, legal separation, paternity or parental rights, including interim orders in postjudgment proceedings arising out of these actions, except that a contested motion concerning interim parental rights and responsibilities, excluding interim child support orders, may be determined by the family case management officer only if both parties consent to determination of the issue or issues in dispute by the family case management officer;
(2-A) Parental rights and responsibilities and parent-child contact orders entered pursuant to Title 19-A, section 4006, subsection 5 and section 4007, subsection 1, paragraph G to make such orders consistent with subsequently entered orders in matters included in subparagraphs (1), (2) and (3);
(3) Final orders in any of the matters included in subparagraphs (1) and (2) when the proceeding is uncontested;
(4) Final orders in a contested proceeding when child support is the only contested issue;
(4-A) Applications for writs of habeas corpus to facilitate the attendance of proceedings by and return of a party who is incarcerated;
(4-B) Requests for access to confidential Department of Human Services child protective records in accordance with Title 22, section 4008. The family case management officer may review records in camera to determine whether to grant access; and
(5) Other actions assigned by the Chief Judge of the District Court.
Sec. C-2. 12 MRSA §685-E, 2nd ¶, as enacted by PL 2003, c. 451, Pt. SS, §1, is amended to read:
Beginning with fiscal year 2003-04, a town or a plantation in the commission's jurisdiction that elects not to administer land use controls at the local level but receives commission services, including planning, permitting and ensuring compliance, must be assessed a fee equal to .0l% of the most recent equalized state valuation established by the State Tax Assessor for that town or plantation. The State Tax Assessor shall issue a warrant to each such town or plantation no later than March 1st of each year. The warrant is payable on demand. Interest charges on unpaid fees begin on May 1st June 30th of each year and are compounded monthly at the interest rate for unpaid property tax as established by the State Tax Assessor for the unorganized territory. For any assessment that remains unpaid as of September 1st of the year in which it is due, state revenue sharing to that town or plantation must be reduced by an amount equal to any unpaid warrant amount plus any accrued interest, until the amount is paid. These fees must be deposited to the General Fund.
Sec. C-3. 12 MRSA §7606, sub-§1-A, as amended by PL 2003, c. 403, §26, is further amended to read:
1-A. Sale of bait in polystyrene foam containers. A person who sells bait or baitfish shall may not provide or sell the bait or baitfish in containers that are composed of biodegradable paper or cardboard in whole or in part of polystyrene foam plastic. This subsection does not apply to baitfish.
Sec. C-4. 14 MRSA §1354, as repealed and replaced by PL 1975, c. 41, §2, is amended to read:
§1354. Less than unanimous verdict or finding
In the trial of all civil suits in the Superior Court of this State, if a number of jurors equal to at least 3/4 2/3 of the total number of jurors serving on a jury agree on a verdict or finding, they shall return it into court as the verdict or finding of that jury and the trial judge shall so instruct the jury; provided, however, that the parties to a civil suit may stipulate that a verdict or finding of a stated majority of the jurors shall must be taken as the verdict or finding of the jury.
Sec. C-5. 20-A MRSA §15603, sub-§8, ¶B, as amended by PL 2003, c. 314, §1 and c. 477, §12, is repealed and the following enacted in its place:
B. Lease costs for school buildings when the leases, including leases under which the school administrative unit may apply the lease payments to the purchase of portable, temporary classroom space beginning January 1, 1988, have been approved by the commissioner for the year prior to the year of allocation. Beginning July 1, 1998 lease cost includes:
(1) Administrative space. A school administrative unit may lease administrative space with state support until July 1, 2003. A school administrative unit engaged in a lease-purchase agreement for administrative space is eligible for state support until July 1, 2008;
(2) Temporary interim nonadministrative space.
(a) A school administrative unit with state-approved need for nonadministrative space may lease temporary interim space, with state support, for a maximum of 5 years. A school administrative unit may appeal to the state board if this limitation presents an undue burden. When making a determination on a school administrative unit's request for relief based on undue burden, the state board may consider, but not be limited to, the following:
(i) Fiscal capacity;
(ii) Enrollment demographics; and
(iii) Unforeseen circumstances not within the control of the appealing school administrative unit.
The state board's decision is final.
(b) A school administrative unit engaged in a lease-purchase agreement for temporary interim nonadministrative space is eligible for state support for a maximum of 10 years; and
(3) Permanent small nonadministrative space that replaces or is converted from existing approved leased portable space. The existing leased portable space will be eligible for state support until July 1, 2003. Once an existing leased portable space has been converted into a permanent nonadministrative space through an approved lease-purchase agreement, the space is eligible for state support for a maximum of 10 years.
The department shall adopt rules necessary to implement this paragraph. Rules adopted by the department to implement this paragraph are major substantive rules pursuant to Title 5, chapter 375, subchapter 2-A;
Sec. C-6. 22 MRSA §13, sub-§6, ¶¶A and B, as amended by PL 2003, c. 613, §1, are further amended to read:
A. The department may impose a sanction or withhold payment when the department has obtained an order from Superior Court allowing interim sanctions upon showing a substantial likelihood that overpayment and or fraud has occurred or and that substantial harm to the department will result from further delay or when the department has taken final agency action and the provider has waived or exhausted its right to judicial review.
B. Notwithstanding paragraph A, the department may terminate or suspend the participation of a provider in the MaineCare program in lieu of recoupment pending final determination regarding an overpayment as long as 30 days' notice is given pursuant to federal regulation and state rule.
Sec. C-7. 22 MRSA §42, sub-§7, ¶H, as amended by PL 2003, c. 613, §2, is further amended to read:
H. In an administrative appeal of an informal review decision under this subsection, the department bears the burden of proving a violation of law or rule by a preponderance of the evidence. If the department proves that existing and available records of goods or services are defective, the department may impose a fee penalty or sanction, including total recoupment. Total recoupment for defective records is warranted only when the provider has failed to demonstrate by a preponderance of the evidence that the disputed goods or services were medically necessary, MaineCare-covered goods or services and were actually provided to eligible MaineCare members.
Sec. C-8. 22 MRSA §2698-A, sub-§§3, 4 and 6, as reallocated by RR 2003, c. 1, §17 and affected by §18, are amended to read:
3. Manner of reporting. By July 1st Beginning in 2006, by July 1st each year, a manufacturer or labeler of prescription drugs that directly or indirectly distributes prescription drugs for dispensation to residents of this State shall file a report with the department in the form and manner provided by the department. The report must be accompanied by payment of a fee, as set by the department in rule, to support the work of the department under this section.
4. Content of annual report by manufacturer or labeler. The annual report filed under subsection 3 must include the following information for each calendar year, beginning with calendar year 2005, as it pertains to marketing activities conducted within this State in a form that provides the value, nature, purpose and recipient of the expense:
A. All expenses associated with advertising, marketing and direct promotion of prescription drugs through radio, television, magazines, newspapers, direct mail and telephone communications as they pertain to residents of this State, except for expenses associated with advertising purchased for a regional or national market that includes advertising within the State;
B. With regard to all persons and entities licensed to provide health care in this State, including health care professionals and persons employed by them in this State, carriers licensed under Title 24 or Title 24-A, health plans and benefits managers, pharmacies, hospitals, nursing facilities, clinics and other entities licensed to provide health care under this Title, the following information:
(1) All expenses associated with educational or informational programs, materials and seminars and remuneration for promoting or participating in educational or informational sessions, regardless of whether the manufacturer or labeler provides the educational or informational sessions or materials;
(2) All expenses associated with food, entertainment, gifts valued at more than $25 and anything provided to a health care professional for less than market value;
(3) All expenses associated with trips and travel; and
(4) All expenses associated with product samples, except for samples that will be distributed free of charge to patients; and
C. The aggregate cost of all employees or contractors of the manufacturer or labeler who directly or indirectly engage in the advertising or promotional activities listed in paragraphs A and B, including all forms of payment to those employees. The cost reported under this paragraph must reflect only that portion of payment to employees or contractors that pertains to activities within this State or to recipients of the advertising or promotional activities who are residents of or are employed in this State.
6. Department reports. By Beginning in 2006, by November 30th each year, the department shall provide an annual report, providing information in aggregate form, on prescription drug marketing expenses to the Legislature and the Attorney General. By January 1, 2005 2007 and every 2 years after that date, the department shall provide a report to the Legislature and the Attorney General, providing information in aggregate form, containing an analysis of the data submitted to the department, including the scope of prescription drug marketing activities and expenses and their effect on the cost, utilization and delivery of health care services and any recommendations with regard to marketing activities of prescription drug manufacturers and labelers.
Sec. C-9. 22 MRSA §2699, sub-§2, ¶¶D and G, as enacted by PL 2003, c. 456, §1, are amended to read:
D. A pharmacy benefits manager shall provide to a covered entity all financial and utilization information requested by the covered entity relating to the provision of benefits to covered individuals through that covered entity and all financial and utilization information relating to services to that covered entity. A pharmacy benefits manager providing information under this paragraph may designate that material as confidential. Information designated as confidential by a pharmacy benefits manager and provided to a covered entity under this paragraph may not be disclosed by the covered entity to any person without the consent of the pharmacy benefits manager, except that disclosure may be made in a court filing under the Maine Unfair Trade Practices Act or when authorized by that Act or ordered by a court of this State for good cause shown or made in a court filing under seal unless or until otherwise ordered by a court. Nothing in this paragraph limits the Attorney General's use of civil investigative demand authority under the Maine Unfair Trade Practices Act to investigate violations of this section.
G. A pharmacy benefits manager shall disclose to the covered entity all financial terms and arrangements for remuneration of any kind that apply between the pharmacy benefits manager and any prescription drug manufacturer or labeler, including, without limitation, formulary management and drug-switch programs, educational support, claims processing and pharmacy network fees that are charged from retail pharmacies and data sales fees. A pharmacy benefits manager providing information under this paragraph may designate that material as confidential. Information designated as confidential by a pharmacy benefits manager and provided to a covered entity under this paragraph may not be disclosed by the covered entity to any person without the consent of the pharmacy benefits manager, except that disclosure may be ordered by a court of this State for good cause shown or made in a court filing under seal unless or until otherwise ordered by a court. Nothing in this paragraph limits the Attorney General's use of civil investigative demand authority under the Maine Unfair Trade Practices Act to investigate violations of this section.
Sec. C-10. 22 MRSA §2699, sub-§5 is enacted to read:
5. Application. This section applies to contracts executed or renewed on or after September 13, 2003. For the purposes of this subsection, a contract executed pursuant to a memorandum of agreement executed prior to September 13, 2003 is deemed to have been executed prior to September 13, 2003 even if the contract was executed after that date.
Sec. C-11. Retroactivity. Those sections of this Part that amend the Maine Revised Statutes, Title 22, section 2699, subsection 2, paragraphs D and G and enact Title 22, section 2699, subsection 5 apply retroactively to September 13, 2003.
Sec. C-12. 22 MRSA §7852, sub-§5, as enacted by PL 2001, c. 596, Pt. A, §1 and affected by Pt. B, §25, is amended to read:
5. Assisted living services. "Assisted living services" means the provision by an assisted housing program, either directly by the provider or indirectly through contracts with persons, entities or agencies, of assisted housing services, assisted housing services with the addition of medication administration or assisted housing services with the addition of medication administration and nursing services.
Sec. C-13. 29-A MRSA §1768, sub-§5, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is repealed and the following enacted in its place:
5. Operation of defective vehicle. A person may not operate a vehicle on a public way with equipment on the vehicle that does not conform to the standards set forth in rules adopted by the Chief of the State Police pursuant to section 1769.
A. Except as provided in paragraphs B and C, a person who violates this subsection commits a traffic infraction.
B. A person who violates this subsection commits a Class E crime if the vehicle is unsafe for operation because it poses an immediate hazard to an occupant of the vehicle or the general public.
C. A person who violates this subsection and is involved in a motor vehicle accident caused by nonconformance with the rules adopted by the Chief of the State Police pursuant to section 1769 commits a Class E crime.
Sec. C-14. 30-A MRSA §1802, sub-§3, as enacted by PL 2003, c. 228, §1, is amended to read:
3. Consent of county. "Consent of county" means a vote taken pursuant to section 122 or a vote taken at an election at which a majority of the legal votes of the voters of a county voting at the election are cast in favor of a question seeking approval of funding construction of a jail facility through the issuance of bonds or the guarantee by the counties of bonds issued by the jail authority.
Sec. C-15. 30-A MRSA §1802, sub-§3-A is enacted to read:
3-A. County; counties. "County" means either Lincoln County or Sagadahoc County, and "counties" means both Lincoln County and Sagadahoc County.
Sec. C-16. Retroactivity. Those sections of this Part that amend the Maine Revised Statutes, Title 30-A, section 1802, subsection 3 and that enact Title 30-A, section 1802, subsection 3-A apply retroactively to May 21, 2003.
Sec. C-17. 30-A MRSA §1952, first ¶, as enacted by PL 2003, c. 228, §1, is amended to read:
All persons, firms and corporations, whether public or private, and each county shall pay to the treasurer of the jail authority formed under this chapter the rates, tolls, assessments, rents, transportation charges and other charges established by the directors for services provided by the jail authority. In this subchapter, the words "other charges" include, but are not limited to, interest on delinquent accounts at a rate not to exceed the highest lawful rate set by the Treasurer of State for municipal taxes. The jail authority may submit periodic bills directly to individual users or to the counties as determined by the directors.
Sec. C-18. 30-A MRSA §1954, as enacted by PL 2003, c. 228, §1, is amended by adding at the end a new paragraph to read:
If the issuance of guaranteed notes and bonds of the jail authority is authorized pursuant to this section, then a county is authorized to guarantee the payment of the principal of and premiums, if any, and interest on notes and bonds issued by the jail authority and to pledge the full faith and credit of the county to the payment of the principal of and premiums, if any, and interest on notes and bonds issued by the jail authority. Any amount that is payable pursuant to a guarantee authorized pursuant to this section is payable from sums annually apportioned by a county among the towns and other places within the territorial limits of the county and assessed upon the taxable property in the county and the sums so apportioned and assessed are payable from ad valorem taxes that may be levied without limit as to rate or amount upon all the property within the territorial limits of each town or place taxable by the town or place, except as otherwise provided by law.
Sec. C-19. 30-A MRSA §4352, sub-§2, as amended by PL 2003, c. 595, §4, is further amended to read:
2. Relation to comprehensive plan. A zoning ordinance, other than an adult entertainment establishment ordinance, must be pursuant to and consistent with a comprehensive plan adopted by the municipal legislative body, except that adoption of an adult entertainment establishment ordinance does not necessitate adoption of a comprehensive plan by a municipality that has no such comprehensive plan. As used in this section, "adult entertainment establishment ordinance" means an ordinance that regulates the operation of adult amusement stores, adult video stores, adult bookstores, adult novelty stores, adult motion picture theaters, on-site video screening establishments, adult arcades, adult entertainment nightclubs or bars, adult spas, establishments featuring strippers or erotic dancers, escort agencies or other sexually oriented businesses.
Sec. C-20. 30-A MRSA §4352, sub-§6, as amended by PL 2003, c. 595, §5, is further amended to read:
6. Effect on State. A zoning ordinance, other than an adult entertainment establishment ordinance, that is not consistent with a comprehensive plan that is consistent with the provisions of section 4326 is advisory with respect to the State. Except as provided in this section, a state agency shall comply with a zoning ordinance consistent with a comprehensive plan that is consistent with the provisions of section 4326 in seeking to develop any building, parking facility or other publicly owned structure. The Governor or the Governor's designee may, after public notice and opportunity for public comment, including written notice to the municipal officers, waive any use restrictions in those ordinances upon finding that:
A. The proposed use is not allowed anywhere in the municipality;
B. There are no reasonable alternative sites for or configurations of the project within the municipality that would achieve the necessary public purposes;
C. There are no reasonable alternatives to the project, including sites in other municipalities, that would achieve the necessary public purposes;
D. The project will result in public benefits beyond the limits of the municipality, including without limitation, access to public waters or publicly owned lands; and
E. The project is necessary to protect the public health, welfare or environment.
A decision to waive a restriction under this section may be appealed by the municipality or any aggrieved party to Superior Court.
Sec. C-21. 32 MRSA §12228, sub-§10, as amended by PL 1999, c. 224, §1, is further amended to read:
10. Experience. During the 5-year period immediately following October 1, 1997, the applicant shall show that the applicant has had 2 years of experience in the practice of public accountancy or its equivalent, meeting requirements prescribed by the board by rule; or, if the applicant's educational qualifications include, a masters degree conferred by a college or university approved by the board, then only one year of experience in that practice or its equivalent is required. After October 1, 2002, for initial issuance of a certificate under this subsection, an applicant shall demonstrate 2 years of experience that was under the direction of a licensee under this subchapter licensed by any state or territory of the United States and shall meet the other requirements prescribed by the board by rule. The applicant's experience must include the use of accounting or auditing skills, including the issuance of reports on financial statements, and at least one of the following: the provision of management advisory, financial advisory or consulting services; the preparation of tax returns; the furnishing of advice on tax matters; or equivalent activities defined by the board by rule. Board rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II-A 2-A. To the extent the applicant's experience is as a revenue agent or in a similar position engaged in the examination of personal and corporate income tax returns for the Bureau of Revenue Services, the applicant receives credit at the rate of 50% toward the experience required by this subsection. To the extent the applicant's experience is as an examiner engaged in financial examinations for the Bureau of Insurance, the applicant receives credit under this subsection if that experience meets the following standards:
A. Examinations are performed in conformity with the Examiners' Handbook published by the National Association of Insurance Commissioners;
B. Working papers prepared by the examiners are in conformity with generally accepted auditing standards and are subject to a review by a supervisor who must be a certified public accountant;
C. Written reports of examination are prepared in conformity with the Examiners' Handbook published by the National Association of Insurance Commissioners. All examiners working on the examinations must participate in the preparation of the report;
D. Reports of examination are prepared in accordance with statutory accounting principles. All examiners working on the examinations must participate in the preparation of the financial statements and corresponding note disclosures; and
E. All examiners assigned to an examination must participate in the planning of the examination and the planning phase conforms to the Examiners' Handbook and generally accepted auditing standards.
Sec. C-22. PL 2003, c. 430, §2 is amended to read:
Sec. 2. Report. The Department of Human Services shall report to the joint standing committee of the Legislature having jurisdiction over health and human services matters on or before January July 1, 2005 and on or before July 1, 2005 January 1, 2006 on the assessment of fees on manufacturers and labelers of prescription drugs pursuant to the Maine Revised Statutes, Title 22, section 2699 2698-A and the use of those fees to support the work of the department with regard to the provisions of Title 22, section 2699 2698-A.
Sec. C-23. P&SL 1907, c. 84, §1 is amended to read:
Sec. 1. Corporators; corporate names. Louis S. Walsh of Portland, Maine, Albert A. Burleigh and John B. Madigan of Houlton, Joseph Marcoux and Joseph A. Michaud of Eagle Lake, all in the state of Maine, their associates and successors are hereby incorporated and made a body politic by the name of the Northern Maine General Hospital, and by that name may sue and be sued, have a common seal and have all the immunities and privileges of like corporations. Said corporators and their associates shall have the power to vote in associate corporations, but no personal liability shall attach to said corporators by reason of any acts of said corporation.
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