Sec. A-1. 4 MRSA §152, sub-§4, as amended by PL 1999, c. 731, Pt. ZZZ, §4 and affected by §42 and amended by c. 778, §1, is repealed and the following enacted in its place:
4. Exclusive jurisdiction. Original jurisdiction, not concurrent with that of the Superior Court, of mental health commitment hearings under Title 34-B, chapter 3, subchapter IV, mental retardation certification hearings under Title 34-B, chapter 5, habitual truancy actions under Title 20-A, chapters 119 and 211 under which equitable relief may be granted, youth in need of services actions under Title 22, chapter 1071, subchapter XIV and small claims actions under Title 14, chapter 738;
Sec. A-2. Retroactivity. That section of this Act that repeals and replaces the Maine Revised Statutes, Title 4, section 152, subsection 4 applies retroactively to May 10, 2000.
Sec. A-3. 5 MRSA §3307-C, sub-§2, as amended by PL 1999, c. 758, §1, is further amended to read:
2. Reporting. Each owner or lessee of primary storage facilities or petroleum products in the State shall make an accurate report on the first and 3rd Monday of each month to the State Planning Office on a form provided by the director. This form shall must contain a conspicuous statement of the penalties provided in subsection 4 and shall must require the following information:
A. The total inventory of each petroleum product stored in the State, as measured within not more than 3 working days prior to the reporting date; and
B. The quantities of each petroleum product delivery expected into the State within 15 days of the reporting date or within any longer period established by the director.
Sec. A-4. 5 MRSA c. 319 is amended by repealing the chapter headnote and enacting in its place the following:
PART 10-A
FIRE PROTECTION SERVICES
CHAPTER 319
MAINE FIRE PROTECTION SERVICES COMMISSION
Sec. A-5. 5 MRSA §3371, sub-§8, ¶D, as enacted by PL 1999, c. 731, Pt. AAAA, §1, is repealed.
Sec. A-6. 5 MRSA c. 383, sub-c. II, art. 2-A, as enacted by PL 1999, c. 731, Pt. VVV, §1, is repealed.
Sec. A-7. 5 MRSA c. 383, sub-c. II, art. 2-B is enacted to read:
Article 2-B
MAINE MICROENTERPRISE INITIATIVE
As used in this article, unless the context otherwise indicates, the following terms have the following meanings.
1. Community-based organization. "Community-based organization" means a nonprofit organization that has:
A. A viable plan for providing training and technical assistance to microenterprises;
B. Broad-based community support;
C. An adequate source of operating capital; and
D. A demonstrated need for funding to provide training and technical assistance to microenterprises.
2. Fund. "Fund" means the Maine Microenterprise Initiative Fund established in section 13063-K.
3. Microenterprise. "Microenterprise" means a business located in the State that produces goods or provides services and has fewer than 10 full-time equivalent employees.
§13063-K. Maine Microenterprise Initiative Fund
1. Fund established. The Maine Microenterprise Initiative Fund is established as a nonlapsing fund administered by the department. The fund consists of money appropriated to it by the Legislature from the General Fund and eligible investment earnings from fund assets. The fund must be held separate from all other money, funds and accounts, and all eligible investment earnings from fund assets must be credited to the fund.
2. Fund purposes. The department shall administer the fund to provide grants to community-based organizations to aid them in providing technical assistance and training to microenterprises.
1. Process established. The department shall adopt rules establishing an application process for fund grants for the purposes set forth in section 13063-K, subsection 2. In establishing the application process, the department shall consult with business experts involved with microenterprises in the State.
2. Process requirements. The application process must be competitive. An applicant shall specify whether a grant is sought for microenterprise technical assistance or training or a combination thereof. In making grants, the department shall give priority to applications that:
A. Are joint applications by 2 or more community-based organizations or otherwise provide for cooperation among community-based organizations;
B. Target aid to low-income individuals; or
C. Target aid to areas of high unemployment or to underserved areas of the State.
The department may establish additional criteria for assessing applications for fund grants.
§13063-M. Rules
The department shall adopt rules necessary to carry out this article. Rules adopted pursuant to this article are routine technical rules as defined in chapter 375, subchapter II-A.
The department shall submit to the joint standing committee of the Legislature having jurisdiction over business and economic development matters an update on the fund by January 1, 2001 and every year thereafter.
Sec. A-8. 5 MRSA §15321, sub-§2, ¶D, as enacted by PL 1999, c. 731, Pt. UUU, §3, is amended to read:
D. The Department of Economic and Community Development shall determine where the applied technology development centers are to be located. The Center for Environmental Enterprise in South Portland, the Target Technology Center in Orono, the Thomas M. Teague Biotechnology Park in Fairfield and the Loring Biotechnology Incubator in Limestone are exempt from a determination made under this paragraph.
Sec. A-9. 5 MRSA §15321, sub-§4, ¶B, as enacted by PL 1999, c. 731, Pt. UUU, §3, is amended to read:
B. An entity that requests initial funding for an applied technology development center shall obtain or must have obtained at least 25% of the funding from nonstate sources. These sources may include in-kind donations, federal grants, federal funding, local funding initiatives and private foundation grants. The Applied Technology Development Center System Coordinating Board shall determine whether the matching funds meet this requirement. The Center for Environmental Enterprise in South Portland, the Target Technology Center in Orono, the Thomas M. Teague Biotechnology Park in Fairfield and the Loring Biotechnology Incubator in Limestone must meet this requirement in order to receive funding under this subsection.
Sec. A-10. 7 MRSA §3152, sub-§4-A, as amended by PL 1999, c. 547, Pt. B, §22 and affected by §80 and amended by c. 679, Pt. B, §10 and affected by §14, is repealed and the following enacted in its place:
4-A. Eligible marketing cooperative. "Eligible marketing cooperative" means an association of milk producers organized to negotiate producer prices higher than the minimum producer prices established pursuant to the northeast marketing area milk marketing order and which the commissioner has determined will not, through its operation, evade, impair or undermine the purposes of this chapter. Notwithstanding Title 4, section 152, subsection 9 and Title 5, section 10051, subsection 1, the commissioner may revoke the eligible status of a marketing cooperative upon a determination that it has through its operation evaded, impaired or undermined the purposes of this chapter.
Sec. A-11. Effective date. That section of this Act that repeals and replaces the Maine Revised Statutes, Title 7, section 3152, subsection 4-A takes effect March 15, 2001.
Sec. A-12. 10 MRSA §1023-J, first ¶, as amended by PL 1999, c. 593, §2 and c. 769, §7, is repealed and the following enacted in its place:
The Agricultural Marketing Loan Fund, referred to in this section as the "fund," is created. The fund must be deposited with and maintained by the Finance Authority of Maine. The fund must be administered by the Commissioner of Agriculture, Food and Rural Resources in accordance with Title 7, chapter 101, subchapter I-D. All money received by the Finance Authority of Maine from any source for the development and implementation of an improved agricultural marketing loan program must be credited to the fund. Any money credited to the fund from the issuance of bonds on behalf of the State for financing loans for agricultural enterprises may be used only for the following purposes: to provide assistance to agricultural enterprises in this State for the design, construction or improvement of commodity and storage buildings and packing and marketing facilities; for the purchase, construction or renovation of buildings, equipment, docks, wharves, piers or vessels used in connection with a commercial agricultural enterprise; for the purchase of land in connection with development of new cranberry acreage; for the purchase of land for irrigation reservoirs or to provide direct access to water for irrigation; for the purchase of land necessary for the start-up of a new agricultural enterprise; for the expansion of an existing agricultural enterprise when the land acquisition is necessary to comply with land use regulations; or for the development of a business plan in accordance with the provisions of Title 7, section 436-A. Repayment of these loans and interest on these loans must be credited to the fund and must be available for making additional loans for the same purposes, except that interest may be used for the purposes stated in Title 7, section 436. Interest earned on money in the fund and interest earned on loans made from the fund may be used to pay the administrative costs of processing loan applications, to the extent that these costs exceed the fee for administrative costs established by Title 7, section 435, subsection 4.
Sec. A-13. 10 MRSA §1114, sub-§2, as enacted by PL 1993, c. 461, §1, is amended to read:
2. Disclosure. Notwithstanding any contrary agreement, a contractor or subcontractor shall disclose to a subcontractor or material supplier the due date for receipt of payments from the owner before a contract between those parties is entered. Notwithstanding any other provision of this chapter, if a contractor or subcontractor fails to accurately disclose the due date to a subcontractor or material supplier, the contractor or subcontractor is obligated to pay the subcontractor or material supplier as though the 20-day due dates in section 2 1113, subsection 3 were met.
Sec. A-14. 11 MRSA §2-210, sub-§(2-A), as enacted by PL 1999, c. 699, Pt. B, §7 and affected by §28, is repealed and the following enacted in its place:
(2-A) The creation, attachment, perfection or enforcement of a security interest in the seller's interest under a contract is not a transfer that materially changes the duty of or increases materially the burden or risk imposed on the buyer or impairs materially the buyer's chance of obtaining return performance within the purview of subsection (2) unless, and then only to the extent that, enforcement actually results in a delegation of material performance of the seller. Even in that event, the creation, attachment, perfection and enforcement of the security interest remain effective, but:
(a) The seller is liable to the buyer for damages caused by the delegation to the extent that the damages could not reasonably be prevented by the buyer; and
(b) A court having jurisdiction may grant other appropriate relief, including cancellation of the contract for sale or an injunction against enforcement of the security interest or consummation of the enforcement.
Sec. A-15. Effective date. That section of this Act that repeals and replaces the Maine Revised Statutes, Title 11, section 2-210, subsection (2-A) takes effect July 1, 2001.
Sec. A-16. 11 MRSA §9-1408, sub-§(1), ¶(b), as enacted by PL 1999, c. 699, Pt. A, §2 and affected by §4, is amended to read:
(b) Provides that the assignment or transfer or the creation, attachment or perfection of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the promissory note, health-care-insurance receivable or general intangible.
Sec. A-17. 11 MRSA §9-1408, sub-§(3), ¶(b), as enacted by PL 1999, c. 699, Pt. A, §2 and affected by §4, is amended to read:
(b) Provides that the assignment or transfer or the creation, attachment or perfection of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination or remedy under the promissory note, health-care-insurance receivable or general intangible.
Sec. A-18. Effective date. Those sections of this Act that amend the Maine Revised Statutes, Title 11, section 9-1408, subsection (1), paragraph (b) and subsection (3), paragraph (b) take effect July 1, 2001.
Sec. A-19. Effective date. That section of this Act that amends the Maine Revised Statutes, Title 11, section 9-1523, subsection (7) takes effect July 1, 2001.
Sec. A-20. 14 MRSA §3142, sub-§1, ¶C, as enacted by PL 1999, c. 743, §4, is amended to read:
C. The suspension of any license, certification, registration, permit, approval or other similar document evidencing the granting of authority to hunt, fish or trap or to engage in a profession, occupation, business or industry, not including a registration, permit, approval or similar document evidencing the granting of authority to engage in the business of banking pursuant to Title 9-B. Licenses and registration subject to suspension include, but are not limited to:
(1) Licenses issued by the Commissioner of Marine Resources, as provided in Title 12, section 6408 6409;
(2) Licenses issued by the Commissioner of Inland Fisheries and Wildlife, as provided in Title 12, section 7077, subsection 1-C;
(3) Watercraft, snowmobile and all-terrain vehicle registrations, as provided in Title 12, section 7077, subsection 1-C; and
(4) Motor vehicle licenses or permits issued by the Secretary of State, the right to operate a motor vehicle in this State and the right to apply for or obtain a license or permit, as provided in Title 29-A, section 2605.
Sec. A-21. 15 MRSA §3203-A, sub-§4, ¶E, as amended by PL 1999, c. 624, Pt. A, §2 and Pt. B, §5, is repealed and the following enacted in its place:
E. If a juvenile community corrections officer or an attorney for the State orders a juvenile detained, the juvenile community corrections officer who ordered the detention or the attorney for the State who ordered the detention shall petition the Juvenile Court for a review of the detention in time for the detention hearing to take place within the time required by subsection 5, unless the juvenile community corrections officer who ordered the detention or the attorney for the State who ordered the detention has ordered the release of the juvenile. The juvenile community corrections officer who ordered the detention or the attorney for the State who ordered the detention may order the release of the juvenile anytime prior to the detention hearing. If the juvenile is so released, a detention hearing may not be held.
Sec. A-22. 17-A MRSA §602, sub-§3, as enacted by PL 1975, c. 499, §1, is amended to read:
3. Bribing Bribery in official and political matters is a Class C crime.
Sec. A-23. 19-A MRSA §1556, as amended by PL 1999, c. 704, §1 and c. 731, Pt. ZZZ, §32 and affected by §42, is repealed and the following enacted in its place:
The District Court has jurisdiction over an action to determine parentage. There is no right to demand a jury trial in an action to determine parentage. The District Court has jurisdiction for the enforcement of judgments for expenses of pregnancy and confinement for a wife or for education, support or funeral expenses for legitimate children and all remedies for the enforcement of these judgments apply. The court has continuing jurisdiction to modify or revoke a judgment for future education and support. All remedies under the Uniform Interstate Family Support Act are available for enforcement of duties of support under this subchapter.
Sec. A-24. 20-A MRSA §13032, sub-§4, as enacted by PL 1999, c. 569, §1 and affected by §6, is amended to read:
4. Basic skills. Basic skills, which includes include reading, writing and mathematics.
Sec. A-25. 20-A MRSA §15618-A, as amended by PL 1999, c. 710, §§13 and 14, is repealed.
Sec. A-26. 22 MRSA §2602, as enacted by PL 1975, c. 751, §4, is amended to read:
The department shall charge the average cost of the analysis for any examination, testing or analysis required under this chapter and performed in the departmental diagnostic laboratory. Such The fees shall must be recalculated and deposited according to section 562 565, subsection 3 and section 568.
Sec. A-27. 24-A MRSA §1156, sub-§2, ¶H, as amended by PL 2001, c. 72, §14, is further amended to read:
H. Investments that do not qualify or are not permitted under any other paragraph of this subsection; as long as:
(1) After giving effect to any investment made under this paragraph, the aggregate amount of those investments does not exceed 14% of total admitted assets, except that investments made under this paragraph in institutions or property not located within the State may not exceed 10% of total admitted assets; and, if the insurer makes investments described in paragraphs A to G and elects to charge those investments against the quantitative limits in this paragraph instead of the quantitative limits in paragraphs A to G, then the aggregate amount invested under this paragraph in those types of investments may not exceed 5% of total admitted assets for any one of those types of investments;
(2) Investments that are neither interest bearing nor income entitled, including the cost of outstanding bona fide hedging transactions made under section 1153, subsection 2, are subject to all of the provisions of this paragraph; and the aggregate amount of those investments held at any one time may not exceed 3% of total admitted assets;
(3) The investment limitations contained in this chapter, qualitative or otherwise, do not apply to loans or investments made or acquired under this paragraph, provided that no loan or investment made or acquired under this paragraph may be represented by any asset determined to be nonadmitted pursuant to section 901-A or rules adopted under that section; any loan or investment expressly prohibited under section 1160; or agents' balances, or amounts advanced to or owing by agents, except as to policy loans, mortgage loans and collateral loans to those agents otherwise authorized under this chapter; or
(4) The insurer shall keep a separate record of all loans and investments made or acquired under this paragraph. Any such loan or investment that, subsequent to the date of making or acquisition, has attained the standard of eligibility and qualifies under any other provision of this chapter may be considered to have been made or acquired under and in compliance with that provision and may no longer be considered to have been made or acquired under this paragraph.
Sec. A-28. 24-A MRSA §4301, as amended by PL 1999, c. 609, §19 and repealed by c. 742, §2, is repealed.
Sec. A-29. 29-A MRSA §460, sub-§1, as amended by PL 1997, c. 58, §1, is further amended to read:
1. State official registration plates authorized. The Secretary of State, on payment of taxes required in section 409, fees required in section 501, subsections 1 and 2 2-A and an additional fee equal to the cost of producing the plates, rounded to the nearest dollar, and upon application, shall issue one pair of specially designed number plates for one designated motor vehicle owned or controlled by each member of the United States Senate or the United States House of Representatives from this State, or members of the Legislature, Representatives of the Indian Tribes at the Legislature, the President of the Senate, the Speaker of the House of Representatives, the Secretary of the Senate and the Clerk of the House of Representatives. The cost of producing the special plates is determined by the bureau. A specially designed plate and its registration certificate may be used in place of the regular plate and registration. The named official may attach to such a motor vehicle one of the valid registration plates issued under section 451 and one of the special registration plates issued under this section.
Sec. A-30. 29-A MRSA §1752, sub-§5, ¶B, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
B. Registered for a fee of $2 under section 501, subsection 2 2-A; and
Sec. A-31. 29-A MRSA §2101, ¶¶A and B, as enacted by PL 1999, c. 771, Pt. C, §15 and affected by Pt. D, §§1 and 2, are repealed.
Sec. A-32. 29-A MRSA §2101, sub-§§1 and 2 are enacted to read:
1. Infraction. A traffic infraction if the violation the driver commits is a traffic infraction; or
2. Class E crime. A Class E crime if the violation the driver commits is a crime.
Sec. A-33. Effective date. Those sections of this Act that repeal the Maine Revised Statutes, Title 29-A, section 2101, paragraphs A and B and enact subsections 1 and 2 take effect July 1, 2001.
Sec. A-34. 30-A MRSA §4322, as enacted by PL 1989, c. 104, Pt. A, §45 and Pt. C, §10, is amended to read:
This article and section 4343, subsection 1, do does not apply to municipalities within the jurisdiction of the Maine Land Use Regulation Commission.
Sec. A-35. 34-B MRSA §1803, as amended by PL 1999, c. 668, §123 and as repealed by c. 731, Pt. L, §3, is repealed.
Sec. A-36. PL 1999, c. 556, §37, amending clause is amended to read:
Sec. 37. 38 MRSA §1310-E §1310-E-1, sub-§2, ¶A, as enacted by PL 1993, c. 732, Pt. C, §12, is amended to read:
Sec. A-37. PL 1999, c. 556, §38, amending clause is amended to read:
Sec. 38. 38 MRSA §1310-E §1310-E-1, sub-§2, ¶B, as enacted by PL 1993, c. 732, Pt. C, §12 and amended by PL 1995, c. 502, Pt. E, §32, is further amended to read:
Sec. A-38. Retroactivity. Any effective date for a section of this Act that is earlier than the actual effective date of this Act is deemed to apply retroactively to the effective date for that section.
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