Sec. A-1. 5 MRSA §7-B, as amended by PL 1999, c. 155, Pt. A, §1, is further amended to read:
§7-B. Use of state vehicles for commuting
A state-owned or state-leased vehicle may not be used by any employee to commute between home and work, except for those vehicles authorized and assigned to employees of the Baxter State Park Authority and to law enforcement officials within the following organizational units: Bureau of State Police; Maine Drug Enforcement Agency; Office of the State Fire Marshal; Bureau of Liquor Enforcement the division within the Department of Public Safety designated by the Commissioner of Public Safety to enforce the law relating to the manufacture, importation, storage, transportation and sale of all liquor and to administer those laws relating to licensing and collection of taxes on malt liquor and wine; Bureau of Motor Vehicles; Bureau of Marine Patrol; Bureau of Forestry, Division of Forest Protection; Bureau of Warden Service; and Bureau of Parks and Lands.
Sec. A-2. 5 MRSA §13083-C, sub-§1, ¶C, as enacted by PL 2001, c. 568, §1, is amended to read:
C. Exercise all of the general powers of corporations under Title 13-A 13-C, section 202 302;
Sec. A-3. 5 MRSA §13120-G, sub-§2, as enacted by PL 2001, c. 703, §6, is amended to read:
2. Authority for transfers of interest in land to authority. Notwithstanding any other provision of law, upon the authority's request, on reasonable and fair terms and conditions and without the necessity for advertisement, order of court or action or formality other than the regular and formal action of the authorities concerned, counties, municipalities, public agencies or instrumentalities of the State, public service corporations and special districts may lease, lend, grant or convey to the authority real or personal property or rights in that property that may be necessary or convenient for the effectuation of the authorized purposes of the authority, including real and personal property or rights in that property already devoted to public use. As used in this subsection, the term "public service corporation" includes a public utility as defined in Title 35-A, section 102, subsection 13 and a corporation as defined in Title 13-A 13-C.
Sec. A-4. 5 MRSA §17001, sub-§40, as amended by PL 2001, c. 239, §2 and affected by §5 and amended by c. 374, §4 and amended by PL 2003, c. 20, Pt. OO, §2 and affected by §4, is repealed and the following enacted in its place:
40. State employee. "State employee" means any regular classified or unclassified officer or employee in a department, any employee of the Maine Community College System except those who make the election provided under Title 20-A, section 12722, any employee of the Governor Baxter School for the Deaf except as provided in Title 20-A, section 7407, subsection 3-A, any employee of the Maine Military Authority, any employee of the Northern New England Passenger Rail Authority and any employee transferred from the Division of Higher Education Services to the Finance Authority of Maine who elects to be treated as a state employee, but does not include:
A. A judge, as defined in Title 4, section 1201 or 1301, who is now or later may be entitled to retirement benefits under Title 4, chapter 27 or 29;
B. A member of the State Police who is now entitled to retirement benefits under Title 25, chapter 195; or
C. A Legislator who is now or later may be entitled to retirement benefits under Title 3, chapter 29.
Sec. A-5. 7 MRSA §1333, sub-§1, ¶B, as enacted by PL 2003, c. 386, §6, is amended to read:
B. "Discrepancy" means an instance in which a holder of a license under subsection 3 2 has failed to comply with a requirement under this Part.
Sec. A-6. 7 MRSA §1333, sub-§§3 to 6, as enacted by PL 2003, c. 386, §6, are amended to read:
3. Inspection. The commissioner or commissioner's designee shall conduct an inspection of an applicant's premises before the initial issuance or renewal of a license under subsection 3 2 or at any time during the pendency of a license under subsection 3 2 if the department believes the license holder is not in compliance with the provisions of this Part.
4. Renewal. If an inspection for a renewal of a license under subsection 3 2 reveals a discrepancy, the inspector shall note the discrepancy on an inspection form. The commissioner may issue a temporary license under subsection 3 2 and give the license holder a reasonable amount of time to correct the discrepancy. Upon a subsequent inspection of the premises of a temporary license holder under this subsection, the commissioner shall renew the license under subsection 3 2 if the license holder has corrected all of the discrepancies noted on the inspection form from the prior inspection.
5. Penalties. Any person engaged in the business of propagating, possessing, buying or selling cervids without a license under subsection 3 2 commits a civil violation for which a fine not to exceed $100 per day for each violation may be adjudged, except that the total of the fines may not exceed $25,000.
6. Records. A holder of a license issued pursuant to subsection 3 2 shall maintain records that include the date and location of birth and the date of death or departure of each cervid in the license holder's herd.
Sec. A-7. 7 MRSA §4209, as amended by PL 2003, c. 283, §4 and repealed by c. 452, Pt. B, §29 and affected by Pt. X, §2, is repealed.
Sec. A-8. Effective date. That section of this Act that repeals the Maine Revised Statutes, Title 7, section 4209 takes effect July 1, 2004.
Sec. A-9. 9 MRSA §2301, as amended by PL 1987, c. 769, Pt. A, §38, is further amended to read:
§2301. Industrial loan companies
All corporations chartered and doing business as "industrial loan companies" pursuant to this section and former sections 2302, 2303, 2341 to 2345 and 2381 and 2382 and which that were not accepting certificates of investment prior to June 1, 1967 are hereby made corporations organized under Title 13-A 13-C and such "industrial loan companies" shall be are subject to Title 9-A to the extent that the activities of such companies are within the provisions of Title 9-A.
Sec. A-10. 9 MRSA §3201, as amended by PL 1999, c. 127, Pt. A, §17, is further amended to read:
All corporations chartered and doing business as "loan companies" pursuant to sections 3201 to 3210 as repealed on June 2, 1975 are hereby made corporations organized under Title 13-A 13-C and such "loan companies" are subject to Title 9-A to the extent that the activities of these companies are within the provisions of Title 9-A.
Sec. A-11. 15 MRSA §3003, sub-§14-B, ¶B, as amended by PL 2003, c. 180, §2 and c. 410, §4, is repealed and the following enacted in its place:
B. To provide appropriate services to juveniles committed to a Department of Corrections juvenile correctional facility who are on leave or in the community on community reintegration; and
Sec. A-12. 15 MRSA §3103, sub-§1, ¶G, as amended by PL 2003, c. 305, §3 and c. 410, §6, is repealed and the following enacted in its place:
G. A violation of section 393, subsection 1, paragraph C or section 393, subsection 1-A; and
Sec. A-13. 17-A MRSA c. 49, as amended, is further amended by repealing the chapter headnote and enacting the following in its place:
CHAPTER 49
PROBATION
Sec. A-14. 17-A MRSA §1252, sub-§4-A, as amended by PL 2003, c. 143, §9 and c. 475, §1, is repealed and the following enacted in its place:
4-A. If the State pleads and proves that, at the time any crime, excluding murder, under chapter 9, 11, 13 or 27 or section 402-A, subsection 1, paragraph A was committed, the defendant had been convicted of 2 or more crimes violating chapter 9, 11, 13 or 27 or section 402-A, subsection 1, paragraph A or essentially similar crimes in other jurisdictions, the sentencing class for the crime is one class higher than it would otherwise be. In the case of a Class A crime, the sentencing class is not increased, but the prior record must be given serious consideration by the court when imposing a sentence. Section 9-A governs the use of prior convictions when determining a sentence, except that, for the purposes of this subsection, for violations under chapter 11, the dates of prior convictions may have occurred at any time. This subsection does not apply to section 210-A if the prior convictions have already served to enhance the sentencing class under section 210-A, subsection 1, paragraph C.
Sec. A-15. 20-A MRSA §10006, sub-§5, ¶A, as enacted by PL 1999, c. 511, §1 and amended by PL 2003, c. 20, Pt. OO, §2 and affected by §4, is further amended to read:
A. For an appropriated amount of more than $10,000,000:
(1) University of Maine System 70%;
(2) Maine Community College
System 25%; and
(3) Maine Maritime Academy 5%; and
Sec. A-16. 20-A MRSA §15602, sub-§18, ¶A, as enacted by PL 2003, c. 20, Pt. C, §2, is amended to read:
A. A school administrative unit is eligible for a prorated share of the tier 1 cushion of $4,000,000 if the school administrative unit meets the following criteria:
(1) The school administrative unit's fiscal year 2002-03 mills raised for education as calculated by the department is equal to or greater than 9.97 mills;
(2) The school administrative unit's per pupil fiscal capacity for operating costs in fiscal year 2003-04 is equal to or less than $837,548; and
(3) The school administrative unit's state share of subsidy for fiscal year 2003-04 for operating costs and program costs, excluding the state share of bus purchases plus minimum subsidy, is less than the state share of subsidy for fiscal year 2002-03 for operating costs and program costs, excluding the state share of bus purchases plus minimum subsidy, and the fiscal year 2002-03 cushion provision under former subsection 16.
Sec. A-17. 20-A MRSA §15602, sub-§19, ¶A, as enacted by PL 2003, c. 20, Pt. C, §2, is amended to read:
A. A school administrative unit is eligible for a prorated share of the tier 2 cushion of $1,000,000 if the school administrative unit meets the following criteria:
(1) The school administrative unit's fiscal year 2002-03 mills raised for education as calculated by the department is equal to or greater than 9.97 mills; and
(2) The school administrative unit's state share of subsidy for fiscal year 2003-04 for operating costs and program costs, excluding the state share of bus purchases plus minimum subsidy and the fiscal year 2003-04 initial cushion set forth in subsection 18, is less than the school administrative unit's state share of subsidy for fiscal year 2002-03 for operating costs and program costs, excluding the state share of bus purchases plus minimum subsidy and the fiscal year 2002-03 cushion provision under former subsection 16.
Sec. A-18. 20-A MRSA §15604, sub-§1, ¶C, as amended by PL 1997, c. 326, §3, is further amended to read:
C. Special education tuition and board, excluding medical costs, defined as follows:
(1) Tuition and board for pupils placed by school administrative units;
(2) Tuition and board for pupils placed directly by the State in accordance with rules adopted or amended by the commissioner; and
(3) Special education tuition and other tuition for institutional residents of state-operated institutions attending programs in school administrative units or private schools in accordance with rules adopted or amended by the commissioner; and
(4) Adjustments under section 15612, subsection 6;
Sec. A-19. 20-A MRSA §15607, sub-§3, ¶A, as enacted by PL 1999, c. 401, Pt. GG, §3, is amended to read:
A. Adjustments described in section 15602, subsection 13; section 15612; and section 15613, except section 15613, subsection 13, including an appropriation for special education pupils placed directly by the State for:
(1) Tuition and board for pupils placed directly by the State in accordance with rules adopted or amended by the commissioner; and
(2) Special educational tuition and other tuition for residents of state-operated institutions attending programs in school administrative units or private schools in accordance with rules adopted or amended by the commissioner;
Sec. A-20. 20-A MRSA §15610, sub-§1, ¶C, as amended by PL 1989, c. 875, Pt. E, §29, is further amended to read:
C. The state share of the foundation allocation for each administrative unit is limited to the same proportion of the maximum allocation as the local administrative unit raises of its maximum local share of the foundation allocation. For the purpose of this subsection only and for fiscal year 1990-91 only, the required local share must be reduced by the same percentage as the percentage reduction in the state subsidy specified in section 15602, subsection 4.
Sec. A-21. 21-A MRSA §1125, sub-§8, ¶C, as amended by PL 2003, c. 453, §1, is further amended to read:
C. For contested legislative general elections, the amount of revenues distributed is the average amount of campaign expenditures made by each candidate during all contested general election races for the immediately preceding 2 general elections, as reported in the initial filing period subsequent to the general election, for, the respective offices of State Senate and State House of Representatives.
Sec. A-22. 21-A MRSA §1125, sub-§9, as amended by PL 2003, c. 448, §5 and c. 453, §2, is repealed and the following enacted in its place:
9. Matching funds. When any campaign, finance or election report shows that the sum of a candidate's expenditures or obligations, or funds raised or borrowed, whichever is greater, alone or in conjunction with independent expenditures reported under section 1019-B, exceeds the distribution amount under subsection 8, the commission shall issue immediately to any opposing Maine Clean Election Act candidate an additional amount equivalent to the reported excess. Matching funds are limited to 2 times the amount originally distributed under subsection 8, paragraph A, C, E or F, whichever is applicable.
Sec. A-23. 21-A MRSA §1204, sub-§55, ¶A, as repealed by PL 2003, c. 44, §1 and amended by c. 62, §2 and affected by §§5 and 6, is repealed.
Sec. A-24. 21-A MRSA §1204-A, sub-§61, ¶A, as enacted by PL 2003, c. 289, §1, is amended to read:
A. In Lincoln County, the following undefined ocean divisions: Block 0996 and Block 0997 of Tract 000000; and the minor civil divisions of Boothbay, Boothbay Harbor, Southport and Westport Island; and
Sec. A-25. 25 MRSA §2801-B, sub-§1, ¶H, as amended by PL 2003, c. 400, §3, is further amended to read:
H. The State Fire Marshal; or
Sec. A-26. 25 MRSA §2801-B, sub-§1, ¶I, as amended by PL 2003, c. 400, §3, is repealed.
Sec. A-27. 26 MRSA §833, sub-§1, ¶D, as amended by PL 2003, c. 306, §1 and c. 357, §1, is repealed and the following enacted in its place:
D. The employee acting in good faith has refused to carry out a directive to engage in activity that would be a violation of a law or rule adopted under the laws of this State, a political subdivision of this State or the United States or that would expose the employee or any individual to a condition that would result in serious injury or death, after having sought and been unable to obtain a correction of the illegal activity or dangerous condition from the employer; or
Sec. A-28. 27 MRSA c. 2, sub-c. 3, as amended, is reallocated to 27 MRSA c. 1, sub-c. 4.
Sec. A-29. 27 MRSA §94, as enacted by PL 1985, c. 754, §1, is reallocated to 27 MRSA §71.
Sec. A-30. 27 MRSA §95, as amended by PL 1989, c. 700, Pt. B, §23, is reallocated to 27 MRSA §72.
Sec. A-31. 29-A MRSA §525, sub-§9, as repealed by PL 2003, c. 434, §10 and affected by §37 and repealed and replaced by c. 452, Pt. Q, §7 and affected by Pt. X, §2, is repealed.
Sec. A-32. 29-A MRSA §525, sub-§9-A, as enacted by PL 2003, c. 434, §10 and affected by §37, is repealed and the following enacted in its place:
9-A. Violation. The following penalties apply to violations of this section.
A. Except as provided in paragraph B, a person who violates this section commits a Class E crime.
B. A person who displays or causes or permits to be displayed a false decal or permit or a decal or permit issued to another person commits a Class D crime.
An owner or operator stopped for violating this section and against whom enforcement action has been taken does not commit a subsequent violation of this section involving the same vehicle until after the close of business on the next business day following the date of the violation.
The court shall impose a fine of at least $250, which may not be suspended.
Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
Sec. A-33. Effective date. Those sections of this Act that repeal the Maine Revised Statutes, Title 29-A, section 525, subsection 9 and repeal and replace Title 29-A, section 525, subsection 9-A take effect July 1, 2004.
Sec. A-34. 29-A MRSA §1752, sub-§9, as amended by PL 2003, c. 125, §3 and c. 397, §6, is repealed and the following enacted in its place:
9. Registered in this State. A motor vehicle registered in this State displaying a valid certificate of inspection from another state or a federally approved commercial vehicle inspection program until its normal expiration;
Sec. A-35. 29-A MRSA §2251, sub-§3, ¶A, as amended by PL 2003, c. 340, §9 and c. 434, §23 and affected by §37, is repealed and the following enacted in its place:
A. Shall prepare and supply forms and approve the format for electronic submission for reports that require sufficiently detailed information to disclose the cause, conditions, persons and vehicles involved, including information to permit the Secretary of State to determine whether the requirement for proof of financial responsibility is inapplicable;
Sec. A-36. 29-A MRSA §2251, sub-§4, ¶B, as amended by PL 2003, c. 340, §10 and c. 434, §24 and affected by §37, is repealed and the following enacted in its place:
B. Within 5 days from the time of notification of the accident, transmit an electronic report or the original written report containing all available information to the Chief of the State Police.
Sec. A-37. 32 MRSA §3501, sub-§2, ¶B, as amended by PL 1999, c. 386, Pt. L, §6, is further amended to read:
B. A minimum of 2,000 hours of work in the field of plumbing installations as a journeyman-in-training under the supervision of a licensed master plumber, as long as the work experience is obtained within 4 years of the date upon which the applicant was issued a journeyman-in-training license. A journeyman-in-training license must be issued upon sworn application to any person who has satisfactorily completed one academic year of instruction in plumbing at a board-approved technical college or community college and who has obtained a passing grade, as determined by the board on the journeyman's examination.
Sec. A-38. 32 MRSA §3501, sub-§2-B, as amended by PL 2003, c. 250, Pt. B, §2, is further amended to read:
2-B. Journeyman-in-training. The board may issue a journeyman-in-training license to a person who provides satisfactory evidence of completion of a plumbing course consisting of one year or 2 semesters at a board-approved technical college or community college and who submits the required fee set under section 3501-B. A journeyman-in-training license is valid for a single nonrenewable period of 4 years and may be issued only once to any individual.
Sec. A-39. 32 MRSA §13787-A, sub-§3, ¶A, as enacted by PL 1993, c. 394, §2, is amended to read:
A. A seller described in subsection 1 is "expressly authorized" within the meaning of Title 17-A, section 1110, subsection 1 1-B, paragraph A.
Sec. A-40. 36 MRSA §5122, sub-§1, ¶S, as enacted by PL 2003, c. 20, Pt. II, §2, is amended to read:
S. For tax years beginning in 2003, 2004 and 2005, the amount received from the National Health Service Corps Scholarship Program and the Armed Forces Health Professions Scholarship and Financial Assistance program to the extent excluded from federal gross income in accordance with the Code, Section 117; and
Sec. A-41. 36 MRSA §5122, sub-§1, ¶¶T and U, as repealed by PL 2003, c. 451, Pt. E, §6 and amended by c. 451, Pt. II, §1, are repealed.
Sec. A-42. 37-B MRSA §264, sub-§3, ¶I, as amended by PL 2003, c. 342, §3 and c. 404, §4, is repealed and the following enacted in its place:
I. The Fort Fairfield Armory located at 25 Columbia Street, Fort Fairfield by means of a quitclaim deed, subject to all easements of record, to the inhabitants of the Town of Fort Fairfield for the sum of $1 as long as the inhabitants of the Town of Fort Fairfield agree to indemnify and hold harmless the State from all claims, including any environmental clean-up costs that may arise from the land or buildings constituting the Fort Fairfield Armory and this transfer is determined to be a transfer for not less than appraised value as specified in subsection 1 in view of the economic conditions of northern Aroostook County, the financial contributions made by the Town of Fort Fairfield to the armory and the environmental conditions existing at the site; and
Sec. A-43. 38 MRSA §480-F, sub-§1, ¶F, as repealed and replaced by PL 1997, c. 364, §19, is amended to read:
F. Appointed a code enforcement officer, certified by the Department of Economic and Community Development Executive Department, State Planning Office.
Sec. A-44. PL 2003, c. 20, Pt. R, §4, amending clause is amended to read:
Sec. R-4. 4 MRSA §1057-A, as amended by PL 2001, c. 617, §3 and c. 698, §3 and affected by §7, is repealed.
Sec. A-45. PL 2003, c. 182, §1, amending clause is amended to read:
Sec. 1. 15 MRSA §1702, as amended by PL 1987, c. 737, Pt. C, §§29 and 106 and PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is repealed and the following enacted in its place:
Sec. A-46. PL 2003, c. 288, §2 is amended to read:
Sec. 2. 30-A MRSA §5953-D, sub-§3, ¶¶D and E ¶D, as repealed and replaced by PL 2001, c. 667, Pt. A, §49, is amended to read:
D. In the case of a public service infrastructure grant or loan, the Department of Economic and Community Development affirms that the applicant has met the conditions of this paragraph.
(1) A municipality is eligible to receive a grant or a loan, or a combination of both, if that municipality has adopted a growth management program certified under section 4347-A that includes a capital improvement program composed of the following elements:
(a) An assessment of all public facilities and services, such as, but not limited to, roads and other transportation facilities, sewers, schools, parks and open space, fire and police;
(b) An annually reviewed 5-year plan for the replacement and expansion of existing public facilities or the construction of such new facilities as are required to meet expected growth and economic development. The plan must include projections of when and where those facilities will be required; and
(c) An assessment of the anticipated costs for replacement, expansion or construction of public facilities, an identification of revenue sources available to meet these costs and recommendations for meeting costs required to implement the plan.
(2) A municipality is eligible to receive a loan if that municipality:
(a) Has adopted a comprehensive plan that is determined by the Executive Department, State Planning Office to be consistent with section 4326, subsections 1 to 4.
(3) A municipality is eligible to receive a grant or a loan if that municipality is a service center community.
Subject to the limitations of this subsection, 2 or more municipalities that each meet the requirements of subparagraph (1) or, (2) or (3) may jointly apply for assistance under this section; and
Sec. 2-A. 30-A MRSA §5953-D, sub-§3, ¶E, as enacted by PL 1999, c. 776, §13, is amended to read:
E. In the case of a downtown improvement grant or loan, the Department of Economic and Community Development affirms that the applicant has met the conditions of this paragraph. A municipality is eligible to receive a downtown improvement grant or loan if that municipality has:
(1) Shown broad-based support for downtown revitalization;
(2) Established a comprehensive downtown revitalization work plan, including a definition and a map of the affected area;
(3) Developed measurable goals and objectives;
(4) Demonstrated an historic preservation ethic;
(5) Established an ongoing board of directors, with associated committees;
(6) Provided an adequate operating budget;
(7) Hired a professional downtown manager;
(8) Established an ongoing training program for staff and volunteers;
(9) Developed the capacity to report on the progress of the downtown program; and
(10) Established the ability and willingness to support integrated marketing efforts for retailers, services, activities and events.
Sec. A-47. PL 2003, c. 434, §1, amending clause is amended to read:
Sec. 1. 10 MRSA §1171-B, sub-§1, ¶¶A, B and D, as enacted by PL 1987 1997, c. 521, §5, are amended to read:
Sec. A-48. PL 2003, c. 452, Pt. Q, §70, amending clause is amended to read:
Sec. Q-70. 29-A MRSA §2380, sub-§3, as repealed and replaced by PL 1999 1995, c. 78, §1, is amended to read:
Sec. A-49. P&SL 2003, c. 19, Pt. A, §1, amending clause is amended to read:
Sec. A-1. P&SL 1947, c. 77, §2, as enacted repealed and replaced by P&SL 1981, c. 103, is amended to read:
Sec. A-50. P&SL 2003, c. 19, Pt. B, §1, amending clause is amended to read:
Sec. B-1. P&SL 1947, c. 77, §11, as enacted repealed and replaced by P&SL 1981, c. 103, is repealed and the following enacted in its place:
Sec. A-51. Resolve 1999, c. 56, §7-A is enacted to read:
Sec. 7-A. Proceeds from sale of Kennebec Arsenal property. Resolved: That any proceeds from the sale of the Kennebec Arsenal property must be deposited in the Maine State Housing Authority's Housing Opportunities for Maine Fund established in the Maine Revised Statutes, Title 30-A, section 4853; and be it further
Sec. A-52. Resolve 2003, c. 91, §2 is repealed.
Sec. A-53. RR 2003, c. 1, §33, amending clause is amended to read:
Sec. 33. 32 MRSA §1228 12228, sub-§4, as amended by PL 2003, c. 204, Pt. E, §1, is corrected to read:
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