Public Law, Chapter 466, Part B, 123rd Legislature, First Regular Session

Chapter 466 H.P. 1338 - L.D. 1904

PART B

Sec. B-1. 5 MRSA §13090-H, sub-§1, ¶A, as reallocated by RR 1995, c. 2, §11, is amended to read:

A. The commission consists of 11 members appointed by the Governor.

(1) The members appointed must be involved in a related business field or have experience or familiarity with media marketing or public relations. The Governor shall ensure an equitable regional representation from the State.

(2) The Director of the Maine Arts Commission and the commissioner or the commissioner's designee shall serve as ex officio, nonvoting members of the commission.

Sec. B-2. 5 MRSA §15302, sub-§3, as amended by PL 2005, c. 425, §19, is further amended to read:

3. Board of Directors of the Maine Technology Institute. The institute is governed and all of its powers exercised by a board of directors, referred to in this chapter as the "board," consisting of 12 13 voting members and 3 2 nonvoting members.

A. The Governor shall appoint 10 voting directors, 8 of whom must be representatives of targeted technologies. The other 2 directors must have demonstrated significant experience in finance, lending or venture capital. In making the appointments from targeted technologies, the Governor shall consider recommendations submitted by representatives of targeted technology sectors. Directors of the board appointed by the Governor are entitled to receive reimbursement at the legislative rate for necessary expenses for their attendance at authorized meetings of the board.

B. The Commissioner of Economic and Community Development or the commissioner's designee, the President of the Maine Community College System or the president's designee and the Chancellor of the University of Maine System or the chancellor's designee are ex officio voting directors.

C. The Director of the State Planning Office or the director's designee is an ex officio nonvoting director.

D. The Maine Technology Institute Director is a nonvoting director.

Sec. B-3. 9-A MRSA §3-315, as enacted by PL 2007, c. 185, §1 and c. 273, Pt. A, §1 and affected by §41, is repealed and the following enacted in its place:

§ 3-315. Choice of accounting, tax or attest services provider

A supervised lender may not, in connection with the extension of credit, interfere with a purchaser's or borrower's free choice of an accounting, tax or attest services provider who is accredited as a certified public accountant, public accountant or enrolled agent, except that the supervised lender may require the provider chosen by the purchaser or borrower to provide adequate evidence of liability insurance or such other written policy requirements as the supervised lender may determine necessary to protect its interest.

§ 3-315. Choice of accounting, tax or attest services provider

Sec. B-4. 9-A MRSA §3-316 is enacted to read:

§ 3-316. Real estate settlement procedures

A creditor and its loan officers shall comply with the provisions of the federal Real Estate Settlement Procedures Act of 1974, 12 United States Code, Section 2601 et seq. and its implementing regulation, Regulation X, 24 Code of Federal Regulations, Section 3500 et seq.

Sec. B-5. Effective date. That section of this Part that repeals and replaces the Maine Revised Statutes, Title 9-A, section 3-315 takes effect 90 days after the adjournment of the First Regular Session of the 123rd Legislature. That section of this Part that enacts Title 9-A, section 3-316 takes effect January 1, 2008.

Sec. B-6. 9-A MRSA §8-103, sub-§1-A, ¶Q, as enacted by PL 2007, c. 273, Pt. A, §4 and affected by §41, is amended to read:

Q. "High-rate, high-fee mortgage" means a residential mortgage loan in which the terms of the loan meet or exceed one or more of the thresholds defined in paragraph CC FF.

Sec. B-7. 9-A MRSA §9-311, as enacted by PL 2007, c. 185, §2 and c. 273, Pt. A, §25 and affected by §41, is repealed and the following enacted in its place:

§ 9-311. Choice of accounting, tax or attest services provider

A creditor may not, in connection with the extension of credit, interfere with a purchaser's or borrower's free choice of an accounting, tax or attest services provider who is accredited as a certified public accountant, public accountant or enrolled agent, except that the creditor may require the provider chosen by the purchaser or borrower to provide adequate evidence of liability insurance or such other written policy requirements as the creditor may determine necessary to protect its interest.

Sec. B-8. 9-A MRSA §9-311-A is enacted to read:

§ 9-311-A. Real estate settlement procedures

Sec. B-9. 9-A MRSA §10-307, as enacted by PL 2007, c. 273, Pt. A, §31 and affected by §41, is amended to read:

§ 10-307. Real estate settlement procedures

A loan broker and its loan officers shall comply with the provisions of 12 United States Code, Section 2601 et seq., the federal Real Estate Settlement Procedures Act of 1974 and its implementing regulation and , Regulation X, 24 Code of Federal Regulations, Section 3500 et seq.

Sec. B-10. Effective date. That section of this Part that repeals and replaces the Maine Revised Statutes, Title 9-A, section 9-311 takes effect 90 days after the adjournment of the First Regular Session of the 123rd Legislature. Those sections of this Part that amend Title 9-A, section 8-103, subsection 1-A, paragraph Q and Title 9-A, section 10-307 and that enact Title 9-A, section 9-311-A take effect January 1, 2008.

Sec. B-11. 17-A MRSA §16, sub-§2, as amended by PL 2007, c. 144, §1 and c. 173, §7, is repealed and the following enacted in its place:

2. Any person who, in fact, is committing in the private person's presence and in a public place any of the Class D or Class E crimes described in section 207; 209; 211; 254; 255; 501, subsection 2; 501-A, subsection 1, paragraph B; 503; 751; 806 or 1002.

Sec. B-12. Effective date. That section of this Part that repeals and replaces the Maine Revised Statutes, Title 17-A, section 16, subsection 2 takes effect 90 days after the adjournment of the First Regular Session of the 123rd Legislature.

Sec. B-13. 19-A MRSA §352, sub-§1, ¶B-1, as enacted by PL 2005, c. 323, §2, is amended to read:

B-1. An active family case management officer law magistrate;

Sec. B-14. 20-A MRSA §401, sub-§1, as amended by PL 2007, c. 179, §1, is repealed and the following enacted in its place:

1. Appointment. The state board consists of 9 members and, beginning in the 2007-2008 school year, 2 nonvoting student members, one junior and one senior in high school. All members are appointed by the Governor. Four members must reside in the State's First Congressional District at the time of appointment, 4 members must reside in the State's Second Congressional District at the time of appointment and one member may reside in either the First Congressional District or the Second Congressional District at the time of appointment. One of the student members must reside in the State's First Congressional District at the time of appointment and the other student member must reside in the State's Second Congressional District at the time of appointment. Each appointment is subject to review by the joint standing committee of the Legislature having jurisdiction over education matters and to confirmation by the Senate.

Sec. B-15. Effective date. That section of this Part that repeals and replaces the Maine Revised Statutes, Title 20-A, section 401, subsection 1 takes effect 90 days after the adjournment of the First Regular Session of the 123rd Legislature.

Sec. B-16. 20-A MRSA §15689, sub-§2, ¶A, as enacted by PL 2003, c. 712, §17, is amended to read:

A. A school administrative unit is eligible for this adjustment under the following conditions.

(1) The school administrative unit's local share results in a full-value education mill rate less than the local cost share expectation as described in section 15671-A.

(2) The school administrative unit has debt service costs defined under section 15603 15672, subsection 8 2-A that have been placed on the state board's priority list by January 2005.

Sec. B-17. 22 MRSA §1471-B, sub-§1, as amended by PL 1991, c. 376, §45, is further amended to read:

1. Board established. The Board of Pesticides Control is established by Title 5, section 12004-D, subsection 3, within the Department of Agriculture, Food and Rural Resources. Except as provided in this chapter, the board must be composed of 7 members, appointed by the Governor, subject to approval by the joint standing committee of the Legislature having jurisdiction over agricultural matters and confirmation by the Legislature Senate. To provide the knowledge and experience necessary for carrying out the duties of the board, the board must consist of the following members: one person with practical experience and knowledge regarding the agricultural use of chemicals; one person who has practical experience and knowledge regarding the use of chemicals in forest management; one person from the medical community; a scientist from the University of Maine System specializing in agronomy or entomology having practical experience and knowledge of integrated pest management; one commercial applicator; and 2 persons appointed to represent the public. The 2 members appointed to represent the public must have a demonstrated interest in environmental protection and represent different geographic areas of the State. The term must be for 4 years, except that of the initial appointees, 2 shall serve 4-year terms, 2 shall serve 3-year terms, 2 shall serve 2-year terms and one shall serve a one-year term. Any vacancy must be filled by an appointment for the remainder of the unexpired term.

Sec. B-18. 22 MRSA §8702, sub-§4, as amended by PL 2007, c. 136, §1, is further amended to read:

4. Health care facility. "Health care facility" means a public or private, proprietary or not-for-profit entity or institution providing health services, including, but not limited to, a radiological facility licensed under chapter 160, a health care facility licensed under chapter 405 or certified under chapter 405-A, an independent radiological service center, a federally qualified health center certified by the United States Department of Health and Human Services, Health Resources and Services Administration, a rural health clinic or rehabilitation agency certified or otherwise approved by the Division of Licensing and Regulatory Services within the Department of Health and Human Services, a home health care provider licensed under chapter 419, an assisted living program or a residential care facility licensed under chapter 1663, a hospice provider licensed under chapter 1681, a retail store drug outlet licensed under Title 32, chapter 117, a state institution as defined under Title 34-B, chapter 1 and a mental health facility licensed under Title 34-B, chapter 1.

Sec. B-19. PL 2007, c. 88, §2 is repealed and the following enacted in its place:

Sec. 2. 14 MRSA §4751, as amended by PL 1985, c. 187, §5, is further amended to read:

§ 4751. Goods sold on execution

All chattels, real and personal liable at common law to attachment and not exempted therefrom by statute, may be taken and sold on execution as prescribed in this subchapter and subchapter IV 4. Credits of a sole proprietorship doing business under an assumed or trade name, partnership , limited liability company or corporation, other than payroll accounts expressly so designated to the credit holder by the account owner, may be taken on execution by an officer and turned over to the judgment creditor to be applied to the judgment, together with interest and costs.

Sec. B-20. PL 2007, c. 155, §1 is repealed and the following enacted in its place:

Sec. 1. 30-A MRSA §4360, sub-§3, ¶B, as amended by PL 2007, c. 77, §1, is further amended to read:

B. The ordinance sets the number of building or development permits for new residential dwellings, not including permits for affordable housing, at 105% or more of the mean number of permits issued for new residential dwellings within the municipality during the 10 years immediately prior to the year in which the number is calculated. The mean is determined by adding together the total number of permits issued , excluding permits issued for affordable housing, for new residential dwellings for each year in the prior 10 years and then dividing by 10;

Sec. B-21. Effective date. That section of this Part that amends Public Law 2007, chapter 155, section 1 takes effect 90 days after adjournment of the First Regular Session of the 123rd Legislature.

Public Laws

123rd Legislature

First Regular Session

Chapter 466

H.P. 1338 - L.D. 1904