Sec. E-1. 10 MRSA §1210, as enacted by PL 2001, c. 210, §1, is amended to read:
§1210. Charges after trial period
In a sale agreed to by telephone, a merchant may not charge a consumer for a good or service after a trial period unless, prior to the charge, the consumer expressly agrees agreed to be charged for the good or service if the consumer does not cancel the sale. At least 15 days prior to any charge, or 10 days prior to any charge if the good or service for which the consumer will be charged is physically delivered to the consumer on a weekly or more frequent basis, the merchant shall provide send a consumer with a clearly written description of the agreement, the good or service being purchased, the amount being charged and the calendar date the consumer will be charged for the good or service if the consumer does not cancel the sale. This notice also must provide the specific steps by which the consumer can cancel the agreement by both mail and telephone. The merchant has the burden of proving that the consumer expressly agreed to this arrangement and that the required written notices were provided within the time limits set forth in this section.
Sec. E-2. 10 MRSA §1210-B is enacted to read:
This chapter does not apply to the following:
1. Sales under $25. A sale where the gross sales price, including any interest or carrying charges, is less than $25;
2. Home solicitation sales. A transaction regulated under Title 9-A, section 3-501 to 3-507;
3. Securities. A sale by a dealer or agent or salesman of a dealer registered pursuant to Title 32, chapter 105 of stocks, bonds, debentures or securities representing stocks, bonds or debentures registered pursuant to Title 32, chapter 105 or expressly exempt from registration pursuant to Title 32, chapter 105;
4. Insurance policies. A sale of insurance regulated under Title 24-A, sections 2515-A and 2717; or
5. Credit services. A sale of credit services by a supervised lender, as defined in Title 9-A, section 1-301, subsection 39, or an agent or affiliate of a supervised lender to the extent the affiliate or agent is selling or offering to sell the credit services of the supervised lender. For purposes of this paragraph, "credit services" includes any extension of credit and any product or service that a supervised lender is authorized by law or regulation to sell in connection with or relating to an extension of credit, such as credit insurance and a debt cancellation policy. For the purposes of this paragraph, "affiliate" has the same meaning as in Title 9-B, section 131, subsection 1-A. Transactions covered by this exemption are limited to those that become effective only after the consumer has affirmed the terms and conditions of the agreement by an acceptance initiated by the consumer.
Sec. E-3. 12 MRSA §7824, sub-§8, ¶D, as enacted by PL 2001, c. 294, §10, is amended to read:
D. Whoever obtains an original resident snowmobile registration after March 31st, may pay $30 $37.50 and receive a registration covering the remainder of the registration period plus one additional year.
Sec. E-4. Effective date. That section of this Act that amends the Maine Revised Statutes, Title 12, section 7824, subsection 8, paragraph D takes effect 90 days after the adjournment of the First Regular Session of the 120th Legislature.
Sec. E-5. 22 MRSA §2682, first ¶, as enacted by PL 2001, c. 379, §1, is amended to read:
A drug dispensed pursuant to prescription, including a drug dispensed without charge to the consumer, must carry be accompanied by program participation information prominently displayed on the label or on the packaging in a manner approved by the commissioner and as permitted by law.
Sec. E-6. 22 MRSA §2682, sub-§3, as enacted by PL 2001, c. 379, §1, is repealed.
Sec. E-7. 22 MRSA §2682, sub-§3-A is enacted to read:
3-A. Program participation information. The rules must provide for the disclosure of program participation information, including, but not limited to, the following:
A. Notification that the manufacturer or labeler has not entered into an agreement with the Department of Human Services pursuant to section 2681, subsection 3; and
B. Advice to consult a health care provider or pharmacist about access to drugs at lower prices.
Sec. E-8. Effective date. Those sections of this Act that amend the Maine Revised Statutes, Title 22, section 2682 take effect 90 days after adjournment of the First Regular Session of the 120th Legislature.
Sec. E-9. PL 2001, c. 409, §§7, 8 and 9 are repealed.
Sec. E-10. Effective date. That section of this Part that repeals Public Law 2001, chapter 409, sections 7, 8 and 9 takes effect 90 days after adjournment of the First Regular Session of the 120th Legislature.
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