HP1089, LD 1480, item 1, 125th Maine State Legislature
An Act To Correct Errors and Inconsistencies in the Laws of Maine

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An Act To Correct Errors and Inconsistencies in the Laws of Maine
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas,  acts of this and previous Legislatures have resulted in certain technical errors and inconsistencies in the laws of Maine; and
Whereas,  these errors and inconsistencies create uncertainties and confusion in interpreting legislative intent; and
Whereas,  it is vitally necessary that these uncertainties and this confusion be resolved in order to prevent any injustice or hardship to the citizens of Maine; and
Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 2 MRSA §6-A, sub-§3, ¶D, as amended by PL 2009, c. 122, §2, is further amended to read:
 
D. Director of electric and gas utility industries; and
Sec. 2. 2 MRSA §6-A, sub-§3, ¶D-1, as enacted by PL 2005, c. 23, §1, is repealed.
Sec. 3. 5 MRSA §1764-A, sub-§2, as corrected by RR 2003, c. 1, §2, is amended to read:
 
2. Rules.   The Bureau of General Services, in consultation with ~~the Energy Resources Council and~~ the Public Utilities Commission, shall by rule require that all planning and design for the construction of new or substantially renovated state-owned or state-leased buildings and buildings built with state funds, including buildings funded ~~though~~through state bonds or the Maine Municipal Bond Bank:
 
A. Involve consideration of architectural designs and energy systems that show the greatest net benefit over the life of the building by minimizing long-term energy and operating costs;
 
B. Include an energy-use target that exceeds by at least 20% the energy efficiency standards in effect for commercial and institutional buildings pursuant to Title 10, section 1415-D; and
 
C. Include a life-cycle cost analysis that explicitly considers cost and benefits over a minimum of 30 years and that explicitly includes the public health and environmental benefits associated with energy-efficient building design and construction, to the extent they can be reasonably quantified.
 
Rules adopted pursuant to this section apply to all new or substantially renovated state-owned or state-leased buildings and buildings built with state funds, including buildings funded through state bonds or the Maine Municipal Bond Bank, regardless of whether the planning and design for construction is subject to approval by the department.
 
Rules adopted pursuant to this section may provide for exemptions, waivers or other appropriate consideration for buildings with little or no energy usage, such as unheated sheds or warehouses.
 
The Bureau of General Services shall adopt rules pursuant to this section by July 1, 2004. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 4. 7 MRSA §2104-A, as enacted by PL 2009, c. 393, §6, is amended to read:
§ 2104-A.Arrears in payments to Seed Potato Board
A person who on July 15th of any year is in arrears as to full payment for potato seed purchased from the Seed Potato Board is not eligible for listing in the Maine certified seed potatoes book for that year published by the department's ~~Division of Plant Industry~~division of animal and plant health.
Sec. 5. 7 MRSA §2106, as amended by PL 2003, c. 578, §6, is further amended to read:
§ 2106.Working capital advance
The State Controller is authorized to advance $300,000 from the General Fund unappropriated surplus to the Certified Seed Fund established in section 2107 during any state fiscal year, if requested in writing by the ~~Director of the Division of Plant Industry~~director of the division of animal and plant health, to be used to provide cash necessary to meet current expenditures of the seed certification program. These funds must be returned to the General Fund unappropriated surplus before the close of the state fiscal year in which the advance was made. The State Controller shall report to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs within 30 days of making any working capital advance for this purpose.
Sec. 6. 7 MRSA §2157, sub-§5, as enacted by PL 1987, c. 813, §1, is amended to read:
 
5. Challenge grants.   The commissioner shall establish a challenge grant program to help in establishing field trials for new potato varieties. Grant proposals ~~shall~~must be approved by the commissioner after review and recommendation by the Potato Plant Breeder at the Maine Agricultural Experiment Station in Presque Isle, the ~~Director of the Division of Plant Industry~~director of the division of animal and plant health, the ~~chairman~~chair of the seed grower's executive council of the Maine Potato Board and the Director of the Seed Potato Board. Grants may be given to farmers outside of this State. Grants may consist of seed, and assistance in determining cultural practices, and a percentage of the farmer's production costs to be determined by the commissioner. Those receiving grants shall cooperate with the agronomist of the Maine Agricultural Experiment Station in developing the best cultural practices and sharing production and marketing information.
Sec. 7. 7 MRSA §2701, first ¶, as amended by PL 2009, c. 393, §7, is further amended to read:
All persons owning honeybees within the State shall annually notify the commissioner of the keeping of bees and the location of the bees and shall forward to the commissioner for deposit with the Treasurer of State an annual license fee for all bees kept on June 15th of each year. Fees must be established by rule. Notwithstanding Title 5, section 8071, subsection 3, rules adopted under this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. License fees accrue as a dedicated revenue to the ~~Division of Plant Industry~~division of animal and plant health to fund the cost of apiary inspection and licensing.
Sec. 8. 7 MRSA §2754, as amended by PL 1999, c. 401, Pt. H, §3, is further amended to read:
§ 2754.Registration fees
A registration fee not to exceed $2 per colony for all bees to be shipped or moved into the State must be forwarded to the commissioner for deposit with the Treasurer of State. Fees must be established by rule in accordance with the Maine Administrative Procedure Act. The fees accrue as dedicated revenue to the ~~Division of Plant Industry~~division of animal and plant health to fund the cost of apiary inspection and licensing.
Sec. 9. 10 MRSA §8001, sub-§38, ¶E, as enacted by PL 1995, c. 397, §11, is repealed.
Sec. 10. 12 MRSA §6301, sub-§2, ¶R, as amended by PL 2009, c. 523, §2 and c. 561, §8, is repealed and the following enacted in its place:
 
R.  A wholesale seafood license with a shrimp permit issued under section 6851 expires on March 31st of each year;
Sec. 11. 17 MRSA §330, as amended by IB 2009, c. 2, §50 and repealed by PL 2009, c. 487, Pt. A, §1, is repealed.
Sec. 12. 17 MRSA §1831, sub-§5, as amended by PL 2009, c. 599, §1, is further amended to read:
 
5. Game of chance.   "Game of chance" means a game, contest, scheme or device in which:
 
A. A person stakes or risks something of value for the opportunity to win something of value;
 
B. The rules of operation or play require an event the result of which is determined by chance, outside the control of the contestant or participant; and
 
C. Chance enters as an element that influences the outcome in a manner that cannot be eliminated through the application of skill.
 
For the purposes of this subsection, "an event the result of which is determined by chance" includes but is not limited to a shuffle of a deck of cards, a roll of a die or dice or a random drawing or generation of an object that may include, but is not limited to, a card, a die, a number or simulations of any of these. A shuffle of a deck of cards, a roll of a die, a random drawing or generation of an object or some other event the result of which is determined by chance that is employed to determine impartially the initial order of play in a game, contest, scheme or device does not alone make a game, contest, scheme or device a game of chance. For purposes of this chapter, beano, bingo ~~and~~, a savings promotion raffle and table games as defined in Title 8, section 1001, subsection 43-A are not games of chance.
Sec. 13. 18-A MRSA §3-717, as enacted by PL 1979, c. 540, §1, is amended to read:
§ 3-717.Corepresentatives; when joint action required
If 2 or more persons are appointed corepresentatives and unless the will provides otherwise, the concurrence of all is required on all acts connected with the administration and distribution of the estate. This restriction does not apply when any corepresentative receives and receipts for ~~propperty~~property due the estate, when the concurrence of all cannot readily be obtained in the time reasonably available for emergency action necessary to preserve the estate, or when a corepresentative has been delegated to act for the others. Persons dealing with a corepresentative if actually unaware that another has been appointed to serve with ~~him~~that corepresentative or if advised by the personal representative with whom they deal that ~~he~~the personal representative has authority to act alone for any of the reasons mentioned herein, are as fully protected as if the person with whom they dealt had been the sole personal representative.
Sec. 14. 21-A MRSA §1203-A, sub-§28, ¶A, as enacted by PL 2005, c. 13, §2 and affected by §3, is amended to read:
 
A. In Hancock County, the municipalities and unorganized territories of Bar Harbor; Blue Hill; Brooklin; Brooksville; ~~Central Hancock Township, also known as T8 S.D.~~Fletchers Landing Township; Cranberry Isles; Deer Isle; Ellsworth; Frenchboro; Gouldsboro; Hancock; Lamoine; Mount Desert; Sedgwick; Sorrento; Southwest Harbor; Stonington; Sullivan; Surry; Swans Island; Tremont; Trenton; and Winter Harbor; and
Sec. 15. 22 MRSA §2383-B, sub-§3, ¶A-1, as amended by PL 2001, c. 580, §1, is repealed.
Sec. 16. 22 MRSA §2383-B, sub-§3, ¶A-2, as enacted by IB 1999, c. 1, §7, is repealed.
Sec. 17. 22 MRSA §2383-B, sub-§3, ¶E, as amended by PL 2009, c. 631, §6 and affected by §51, is repealed.
Sec. 18. 23 MRSA §4202, as amended by PL 1971, c. 622, §77-C, is further amended to read:
§ 4202.Short title
This ~~Act shall~~chapter may be known ~~as~~ and ~~may be~~ cited as the Maine Transportation Act.
Sec. 19. 23 MRSA §4203, first ¶, as amended by PL 1971, c. 622, §77-D, is further amended to read:
The following terms, when used in this ~~Act~~chapter, ~~shall~~ have the following meanings, unless the context otherwise requires.
Sec. 20. 24 MRSA §2317-B, sub-§12-F, as enacted by PL 2009, c. 578, §1 and affected by §4; enacted by c. 634, §1 and affected by §5; and enacted by c. 635, §1 and affected by §6, is repealed and the following enacted in its place:
 
12-F.  Title 24-A, sections 2766 and 2847-R.     Enrollment of dependent children in dental coverage, Title 24-A, sections 2766 and 2847-R;
Sec. 21.  24 MRSA §2317-B, sub-§12-G  is enacted to read:
 
12-G.  Title 24-A, sections 2767, 2847-S and 4258.      Coverage for children's early intervention services, Title 24-A, sections 2767, 2847-S and 4258;
Sec. 22.  24 MRSA §2317-B, sub-§12-H  is enacted to read:
 
12-H.  Title 24-A, sections 2768, 2847-T and 4259.     Coverage for diagnosis and treatment of autism spectrum disorders, Title 24-A, sections 2768, 2847-T and 4259;
Sec. 23. 24 MRSA §2986, sub-§2, as enacted by PL 1999, c. 719, §2 and affected by §11, is amended to read:
 
2. Victims' Compensation Board billing.   All licensed hospitals and licensed health care practitioners that perform forensic examinations for alleged victims of gross sexual assault shall submit a bill to the Victims' Compensation Board directly for payment of the forensic examinations. The Victims' Compensation Board shall determine what a forensic examination includes pursuant to Title 5, section 3360-M. The hospital or health care practitioner that performs a forensic examination shall take steps necessary to ensure the confidentiality of the alleged victim's identity. The bill submitted by the hospital or health care practitioner may not identify the alleged victim by name but must be assigned a tracking number that corresponds to the forensic examination kit. The tracking number may not be the alleged victim's social security number. The Victims' Compensation Board shall pay the actual cost of the forensic examination up to a maximum of ~~$500~~$750. Licensed hospitals and licensed health care practitioners that perform forensic examinations for alleged victims of gross sexual assault may not bill the alleged victim or the alleged victim's insurer, nonprofit hospital or medical service organization or health maintenance organization for payment for the examination.
Sec. 24. 24-A MRSA §957, 2nd ¶, as enacted by PL 1983, c. 346, §7, is amended to read:
For any life insurance policy issued on or after January 1, 1987, for which the gross premium in the first policy year exceeds that of the 2nd year and for which no comparable additional benefit is provided in the first year for that excess and ~~which~~that provides an endowment benefit or a cash surrender value or a combination thereof in an amount greater than that excess premium, the foregoing provisions of this section ~~shall~~must be applied as if the method actually used in calculating the reserve for that policy were the method described in section 954, ignoring the 2nd paragraph of section 954. The minimum reserve at each policy anniversary of such a policy ~~shall be~~is the greater of the minimum reserve calculated in accordance with section 954, including the 2nd paragraph of that section, and the minimum reserve calculated in accordance with this section ~~957~~.
Sec. 25. 24-A MRSA §2736-A, first ¶, as amended by PL 2009, c. 439, Pt. C, §3, is further amended to read:
If at any time the superintendent has reason to believe that a filing does not meet the requirements that rates not be excessive, inadequate, unfairly discriminatory or not in compliance with section ~~6913~~6917 or that the filing violates any of the provisions of chapter 23, the superintendent shall cause a hearing to be held. If a filing proposes an increase in rates in an individual health plan as defined in section 2736-C, the superintendent shall cause a hearing to be held at the request of the Attorney General. In any hearing conducted under this section, the insurer has the burden of proving rates are not excessive, inadequate or unfairly discriminatory and in compliance with section ~~6913~~6917.
Sec. 26. 24-A MRSA §2766, as enacted by PL 2009, c. 634, §2 and affected by §5, is reallocated to 24-A MRSA §2767.
§ 2767.Coverage for children's early intervention services
 
1. Definition.   For purposes of this section, "children's early intervention services" means services provided by licensed occupational therapists, physical therapists, speech-language pathologists or clinical social workers working with children from birth to 36 months of age with an identified developmental disability or delay as described in the federal Individuals with Disabilities Education Act, Part C, 20 United States Code, Section 1411, et seq.[PL 2009, c. 634, § 2 (NEW).][PL 2009, c. 634, § 5 (AFF).]
 
2. Required coverage.   All individual health insurance policies, contracts and certificates must provide coverage for children's early intervention services in accordance with this subsection.
 
A. A referral from the child's primary care provider is required. [PL 2009, c. 634, § 2 (NEW).] [PL 2009, c. 634, § 5 (AFF).]
 
B. The policy, contract or certificate may limit coverage to $3,200 per year for each child not to exceed $9,600 by the child's 3rd birthday. [PL 2009, c. 634, § 2 (NEW).] [PL 2009, c. 634, § 5 (AFF).]
 
C. The policy, contract or certificate may contain provisions for maximum benefits and coinsurance and reasonable limitations, deductibles and exclusions to the extent that these provisions are not inconsistent with the requirements of this section. [PL 2009, c. 634, § 2 (NEW).] [PL 2009, c. 634, § 5 (AFF).]
[PL 2009, c. 634, § 2 (NEW).][PL 2009, c. 634, § 5 (AFF).]
[PL 2009, c. 578, § 2 (NEW).][PL 2009, c. 578, § 4 (AFF).][PL 2009, c. 634, § 2 (NEW).][PL 2009, c. 634, § 5 (AFF).][PL 2009, c. 635, § 2 (NEW).][PL 2009, c. 635, § 6 (AFF).]
Sec. 27. 24-A MRSA §2766, as enacted by PL 2009, c. 635, §2 and affected by §6, is reallocated to 24-A MRSA §2768.
§ 2768.Coverage for the diagnosis and treatment of autism spectrum disorders
 
1. Definitions.   As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
 
A. "Applied behavior analysis" means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including the use of direct observation, measurement and functional analysis of the relations between environment and behavior. [PL 2009, c. 635, § 2 (NEW).] [PL 2009, c. 635, § 6 (AFF).]
 
B. "Autism spectrum disorders" means any of the pervasive developmental disorders as defined by the Diagnostic and Statistical Manual of Mental Disorders, 4th edition, published by the American Psychiatric Association, including autistic disorder, Asperger's disorder and pervasive developmental disorder not otherwise specified. [PL 2009, c. 635, § 2 (NEW).] [PL 2009, c. 635, § 6 (AFF).]
 
C. "Treatment of autism spectrum disorders" includes the following types of care prescribed, provided or ordered for an individual diagnosed with an autism spectrum disorder:
 
(1) Habilitative or rehabilitative services, including applied behavior analysis or other professional or counseling services necessary to develop, maintain and restore the functioning of an individual to the extent possible. To be eligible for coverage, applied behavior analysis must be provided by a person professionally certified by a national board of behavior analysts or performed under the supervision of a person professionally certified by a national board of behavior analysts;
 
(2) Counseling services provided by a licensed psychiatrist, psychologist, clinical professional counselor or clinical social worker; and
 
(3) Therapy services provided by a licensed or certified speech therapist, occupational therapist or physical therapist.
[PL 2009, c. 635, § 2 (NEW).] [PL 2009, c. 635, § 6 (AFF).]
[PL 2009, c. 635, § 2 (NEW).][PL 2009, c. 635, § 6 (AFF).]
 
2. Required coverage.   All individual health insurance policies and contracts must provide coverage for autism spectrum disorders for an individual covered under a policy or contract who is 5 years of age or under in accordance with the following.
 
A. The policy or contract must provide coverage for any assessments, evaluations or tests by a licensed physician or licensed psychologist to diagnose whether an individual has an autism spectrum disorder. [PL 2009, c. 635, § 2 (NEW).] [PL 2009, c. 635, § 6 (AFF).]
 
B. The policy or contract must provide coverage for the treatment of autism spectrum disorders when it is determined by a licensed physician or licensed psychologist that the treatment is medically necessary health care as defined in section 4301-A, subsection 10-A. A licensed physician or licensed psychologist may be required to demonstrate ongoing medical necessity for coverage provided under this section at least annually. [PL 2009, c. 635, § 2 (NEW).] [PL 2009, c. 635, § 6 (AFF).]
 
C. The policy or contract may not include any limits on the number of visits. [PL 2009, c. 635, § 2 (NEW).] [PL 2009, c. 635, § 6 (AFF).]
 
D. The policy or contract may limit coverage for applied behavior analysis to $36,000 per year. An insurer may not apply payments for coverage unrelated to autism spectrum disorders to any maximum benefit established under this paragraph. [PL 2009, c. 635, § 2 (NEW).] [PL 2009, c. 635, § 6 (AFF).]
 
E. This subsection may not be construed to require coverage for prescription drugs if prescription drug coverage is not provided by the policy or contract. Coverage for prescription drugs for the treatment of autism spectrum disorders must be determined in the same manner as coverage for prescription drugs for the treatment of any other illness or condition is determined under the policy or contract. [PL 2009, c. 635, § 2 (NEW).] [PL 2009, c. 635, § 6 (AFF).]
[PL 2009, c. 635, § 2 (NEW).][PL 2009, c. 635, § 6 (AFF).]
 
3. Limits; coinsurance; deductibles.   Except as otherwise provided in this section, any policy or contract that provides coverage for services under this section may contain provisions for maximum benefits and coinsurance and reasonable limitations, deductibles and exclusions to the extent that these provisions are not inconsistent with the requirements of this section.[PL 2009, c. 635, § 2 (NEW).][PL 2009, c. 635, § 6 (AFF).]
 
4. Individualized education plan.   This section may not be construed to affect any obligation to provide services to an individual with an autism spectrum disorder under an individualized education plan or an individualized family service plan.[PL 2009, c. 635, § 2 (NEW).][PL 2009, c. 635, § 6 (AFF).]
[PL 2009, c. 578, § 2 (NEW).][PL 2009, c. 578, § 4 (AFF).][PL 2009, c. 634, § 2 (NEW).][PL 2009, c. 634, § 5 (AFF).][PL 2009, c. 635, § 2 (NEW).][PL 2009, c. 635, § 6 (AFF).]
Sec. 28. 24-A MRSA §2847-R, as enacted by PL 2009, c. 634, §3 and affected by §5, is reallocated to 24-A MRSA §2847-S.
§ 2847-S.Coverage for children's early intervention services
 
1. Definition.   For purposes of this section, "children's early intervention services" means services provided by licensed occupational therapists, physical therapists, speech-language pathologists or clinical social workers working with children from birth to 36 months of age with an identified developmental disability or delay as described in the federal Individuals with Disabilities Education Act, Part C, 20 United States Code, Section 1411, et seq.[PL 2009, c. 634, § 3 (NEW).][PL 2009, c. 634, § 5 (AFF).]
 
2. Required coverage.   All group health insurance policies, contracts and certificates must provide coverage for children's early intervention services in accordance with this subsection.
 
A. A referral from the child's primary care provider is required. [PL 2009, c. 634, § 3 (NEW).] [PL 2009, c. 634, § 5 (AFF).]
 
B. The policy, contract or certificate may limit coverage to $3,200 per year for each child not to exceed $9,600 by the child's 3rd birthday. [PL 2009, c. 634, § 3 (NEW).] [PL 2009, c. 634, § 5 (AFF).]
 
C. The policy, contract or certificate may contain provisions for maximum benefits and coinsurance and reasonable limitations, deductibles and exclusions to the extent that these provisions are not inconsistent with the requirements of this section. [PL 2009, c. 634, § 3 (NEW).] [PL 2009, c. 634, § 5 (AFF).]
[PL 2009, c. 634, § 3 (NEW).][PL 2009, c. 634, § 5 (AFF).]
[PL 2009, c. 578, § 3 (NEW).][PL 2009, c. 578, § 4 (AFF).][PL 2009, c. 634, § 3 (NEW).][PL 2009, c. 634, § 5 (AFF).][PL 2009, c. 635, § 3 (NEW).][PL 2009, c. 635, § 6 (AFF).]
Sec. 29. 24-A MRSA §2847-R, as enacted by PL 2009, c. 635, §3 and affected by §6, is reallocated to 24-A MRSA §2847-T.
§ 2847-T.Coverage for the diagnosis and treatment of autism spectrum disorders
 
1. Definitions.   As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
 
A. "Applied behavior analysis" means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including the use of direct observation, measurement and functional analysis of the relations between environment and behavior. [PL 2009, c. 635, § 3 (NEW).] [PL 2009, c. 635, § 6 (AFF).]
 
C. "Treatment of autism spectrum disorders" includes the following types of care prescribed, provided or ordered for an individual diagnosed with an autism spectrum disorder:
 
(1) Habilitative or rehabilitative services, including applied behavior analysis or other professional or counseling services necessary to develop, maintain and restore the functioning of an individual to the extent possible. To be eligible for coverage, applied behavior analysis must be provided by a person professionally certified by a national board of behavior analysts or performed under the supervision of a person professionally certified by a national board of behavior analysts;
 
(2) Counseling services provided by a licensed psychiatrist, psychologist, clinical professional counselor or clinical social worker; and
 
(3) Therapy services provided by a licensed or certified speech therapist, occupational therapist or physical therapist.
[PL 2009, c. 635, § 3 (NEW).] [PL 2009, c. 635, § 6 (AFF).]
[PL 2009, c. 635, § 3 (NEW).][PL 2009, c. 635, § 6 (AFF).]
 
2. Required coverage.   All group health insurance policies, contracts and certificates must provide coverage for autism spectrum disorders for an individual covered under a policy, contract or certificate who is 5 years of age or under in accordance with the following.
 
A. The policy, contract or certificate must provide coverage for any assessments, evaluations or tests by a licensed physician or licensed psychologist to diagnose whether an individual has an autism spectrum disorder. [PL 2009, c. 635, § 3 (NEW).] [PL 2009, c. 635, § 6 (AFF).]
 
B. The policy, contract or certificate must provide coverage for the treatment of autism spectrum disorders when it is determined by a licensed physician or licensed psychologist that the treatment is medically necessary health care as defined in section 4301-A, subsection 10-A. A licensed physician or licensed psychologist may be required to demonstrate ongoing medical necessity for coverage provided under this section at least annually. [PL 2009, c. 635, § 3 (NEW).] [PL 2009, c. 635, § 6 (AFF).]
 
C. The policy, contract or certificate may not include any limits on the number of visits. [PL 2009, c. 635, § 3 (NEW).] [PL 2009, c. 635, § 6 (AFF).]
 
D. Notwithstanding section 2843 and to the extent allowed by federal law, the policy, contract or certificate may limit coverage for applied behavior analysis to $36,000 per year. An insurer may not apply payments for coverage unrelated to autism spectrum disorders to any maximum benefit established under this paragraph. [PL 2009, c. 635, § 3 (NEW).] [PL 2009, c. 635, § 6 (AFF).]
 
E. This subsection may not be construed to require coverage for prescription drugs if prescription drug coverage is not provided by the policy, contract or certificate. Coverage for prescription drugs for the treatment of autism spectrum disorders must be determined in the same manner as coverage for prescription drugs for the treatment of any other illness or condition is determined under the policy, contract or certificate. [PL 2009, c. 635, § 3 (NEW).] [PL 2009, c. 635, § 6 (AFF).]
[PL 2009, c. 635, § 3 (NEW).][PL 2009, c. 635, § 6 (AFF).]
 
3. Limits; coinsurance; deductibles.   Except as otherwise provided in this section, any policy, contract or certificate that provides coverage for services under this section may contain provisions for maximum benefits and coinsurance and reasonable limitations, deductibles and exclusions to the extent that these provisions are not inconsistent with the requirements of this section.[PL 2009, c. 635, § 3 (NEW).][PL 2009, c. 635, § 6 (AFF).]
 
4. Individualized education plan.   This section may not be construed to affect any obligation to provide services to an individual with an autism spectrum disorder under an individualized education plan or an individualized family service plan.[PL 2009, c. 635, § 3 (NEW).][PL 2009, c. 635, § 6 (AFF).]
[PL 2009, c. 578, § 3 (NEW).][PL 2009, c. 578, § 4 (AFF).][PL 2009, c. 634, § 3 (NEW).][PL 2009, c. 634, § 5 (AFF).][PL 2009, c. 635, § 3 (NEW).][PL 2009, c. 635, § 6 (AFF).]
Sec. 30. 24-A MRSA §4258, as enacted by PL 2009, c. 635, §4 and affected by §6, is reallocated to 24-A MRSA §4259.
§ 4259.Coverage for the diagnosis and treatment of autism spectrum disorders
 
1. Definitions.   As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
 
A. "Applied behavior analysis" means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including the use of direct observation, measurement and functional analysis of the relations between environment and behavior. [PL 2009, c. 635, § 4 (NEW).] [PL 2009, c. 635, § 6 (AFF).]
 
B. "Autism spectrum disorders" means any of the pervasive developmental disorders as defined by the Diagnostic and Statistical Manual of Mental Disorders, 4th edition, published by the American Psychiatric Association, including autistic disorder, Asperger's disorder and pervasive developmental disorder not otherwise specified. [PL 2009, c. 635, § 4 (NEW).] [PL 2009, c. 635, § 6 (AFF).]
 
C. "Treatment of autism spectrum disorders" includes the following types of care prescribed, provided or ordered for an individual diagnosed with an autism spectrum disorder:
 
(1) Habilitative or rehabilitative services, including applied behavior analysis or other professional or counseling services necessary to develop, maintain and restore the functioning of an individual to the extent possible. To be eligible for coverage, applied behavior analysis must be provided by a person professionally certified by a national board of behavior analysts or performed under the supervision of a person professionally certified by a national board of behavior analysts;
 
(2) Counseling services provided by a licensed psychiatrist, psychologist, clinical professional counselor or clinical social worker; and
 
(3) Therapy services provided by a licensed or certified speech therapist, occupational therapist or physical therapist.
[PL 2009, c. 635, § 4 (NEW).] [PL 2009, c. 635, § 6 (AFF).]
[PL 2009, c. 635, § 4 (NEW).][PL 2009, c. 635, § 6 (AFF).]
 
2. Required coverage.   All individual and group health maintenance organization contracts must provide coverage for autism spectrum disorders for an individual covered under a contract who is 5 years of age or under in accordance with the following.
 
A. The contract must provide coverage for any assessments, evaluations or tests by a licensed physician or licensed psychologist to diagnose whether an individual has an autism spectrum disorder. [PL 2009, c. 635, § 4 (NEW).] [PL 2009, c. 635, § 6 (AFF).]
 
B. The contract must provide coverage for the treatment of autism spectrum disorders when it is determined by a licensed physician or licensed psychologist that the treatment is medically necessary health care as defined in section 4301-A, subsection 10-A. A licensed physician or licensed psychologist may be required to demonstrate ongoing medical necessity for coverage provided under this section at least annually. [PL 2009, c. 635, § 4 (NEW).] [PL 2009, c. 635, § 6 (AFF).]
 
C. The contract may not include any limits on the number of visits. [PL 2009, c. 635, § 4 (NEW).] [PL 2009, c. 635, § 6 (AFF).]
 
D. Notwithstanding section 4234-A and to the extent allowed by federal law for group contracts, the contract may limit coverage for applied behavior analysis to $36,000 per year. A health maintenance organization may not apply payments for coverage unrelated to autism spectrum disorders to any maximum benefit established under this paragraph. [PL 2009, c. 635, § 4 (NEW).] [PL 2009, c. 635, § 6 (AFF).]
 
E. This subsection may not be construed to require coverage for prescription drugs if prescription drug coverage is not provided by the contract. Coverage for prescription drugs for the treatment of autism spectrum disorders must be determined in the same manner as coverage for prescription drugs for the treatment of any other illness or condition is determined under the contract. [PL 2009, c. 635, § 4 (NEW).] [PL 2009, c. 635, § 6 (AFF).]
[PL 2009, c. 635, § 4 (NEW).][PL 2009, c. 635, § 6 (AFF).]
 
3. Limits; coinsurance; deductibles.   Except as otherwise provided in this section, any contract that provides coverage for services under this section may contain provisions for maximum benefits and coinsurance and reasonable limitations, deductibles and exclusions to the extent that these provisions are not inconsistent with the requirements of this section.[PL 2009, c. 635, § 4 (NEW).][PL 2009, c. 635, § 6 (AFF).]
 
4. Individualized education plan.   This section may not be construed to affect any obligation to provide services to an individual with an autism spectrum disorder under an individualized education plan or an individualized family service plan.[PL 2009, c. 635, § 4 (NEW).][PL 2009, c. 635, § 6 (AFF).]
[PL 2009, c. 634, § 4 (NEW).][PL 2009, c. 634, § 5 (AFF).][PL 2009, c. 635, § 4 (NEW).][PL 2009, c. 635, § 6 (AFF).]
Sec. 31. 25 MRSA §2926, sub-§2-A, as amended by PL 2009, c. 219, §2, is further amended to read:
 
2-A. Goal.   To the extent possible, the bureau shall establish a total of between 16 and 24 public ~~service~~safety answering points. The bureau shall seek to coordinate any reduction in the number of public ~~service~~safety answering points to achieve this goal with any contractual obligations it may have or may enter into that are or could be affected by that reduction. Prior to implementing a reduction in the number of public safety answering points, the bureau shall make a finding regarding the need for the reduction based on an evaluation of the costs and benefits of the reduction, taking into account impacts on ratepayers, each of the affected municipalities and the State.
Sec. 32. 31 MRSA §1592, sub-§8, as enacted by PL 2009, c. 629, Pt. A, §2 and affected by §3, is amended to read:
 
8. Delivery of notice.   The Secretary of State shall send notice of ~~its~~the determination under subsection 1 by regular mail or other medium as defined by rule by the Secretary of State and the service upon the domestic limited liability company is perfected 5 days after the Secretary of State deposits ~~its~~the notice of the determination in the United States mail, as evidenced by the postmark if mailed postpaid and correctly addressed or delivered by a medium authorized by the Secretary of State to the registered agent of the limited liability company.
Sec. 33. 31 MRSA §1626, sub-§7, as enacted by PL 2009, c. 629, Pt. A, §2 and affected by §3, is amended to read:
 
7. Delivery of notice.   The Secretary of State shall send notice of ~~its~~the determination under subsection 1 by regular mail and the service upon the foreign limited liability company is perfected 5 days after the Secretary of State deposits ~~its~~the notice of the determination in the United States mail, as evidenced by the postmark, if mailed postpaid and correctly addressed to the registered agent in this State and the registered or principal office, wherever located, on file for the foreign limited liability company.
Sec. 34. 34-B MRSA §9008, sub-§1, as enacted by PL 1983, c. 459, §7, is amended to read:
 
1. Supplemental or substitute guardian.   Nothing in this compact ~~shall~~may be construed to abridge, diminish or in any way impair the rights, duties and responsibilities of any patient's guardian on ~~his~~the guardian's own behalf or in respect of any patient for whom ~~he~~the guardian may serve, except that, where the transfer of any patient to another ~~jurisidiction~~jurisdiction makes advisable the appointment of a supplemental or substitute guardian, any court of competent jurisdiction in the receiving state may make such supplemental or substitute appointment and the court ~~which~~that appointed the previous guardian shall, upon being duly advised of the new appointment, and upon the satisfactory completion of such accounting and other acts as such court may by law require, relieve the previous guardian of power and responsibility to whatever extent ~~shall be~~is appropriate in the circumstances. In the case of any patient having settlement in the sending state, the court of competent jurisdiction in the sending state ~~shall have~~has the sole discretion to relieve a guardian appointed by it or continue ~~his~~the guardian's power and responsibility, whichever ~~it shall deem~~the court considers advisable. The court in the receiving state may, in its discretion, confirm or reappoint the person or persons previously serving as guardian in the sending state in lieu of making a supplemental or substitute appointment.
Sec. 35. 35-A MRSA §107, sub-§1, ¶A, as amended by PL 2009, c. 122, §7, is further amended to read:
 
A. An administrative director, a director of telephone and water utility industries, a director of electric and gas utility industries~~, a director of energy programs~~ and a director of consumer assistance;
Sec. 36. 35-A MRSA §107, sub-§2, ¶A, as amended by PL 2009, c. 122, §7, is further amended to read:
 
A. The general counsel, the administrative director, the assistant administrative director, the director of telephone and water utility industries, the director of electric and gas utility industries~~, the director of energy programs~~ and the director of consumer assistance serve at the pleasure of the commission and their salaries must be set by the commission within the ranges established by Title 2, section 6-A.
Sec. 37. 35-A MRSA §107, sub-§2, ¶C, as amended by PL 2009, c. 122, §7, is further amended to read:
 
C. The salaries of the other subordinate officials and employees of the commission, other than those of the general counsel, the administrative director, the assistant administrative director, the director of telephone and water utility industries, the director of electric and gas utility industries, ~~the director of energy programs,~~ the director of consumer assistance and the staff attorney and utility analyst positions, are subject to the Civil Service Law.
Sec. 38. 35-A MRSA §1309, sub-§5, as enacted by PL 1987, c. 141, Pt. A, §6, is amended to read:
 
5. Complaint received within 6 months after reparation or adjustment ordered.   Within 6 months after an order has been made authorizing reparation or adjustment under subsections 2 and 3, any person aggrieved may complain to the commission that ~~he~~the person is entitled to reparation from the same utility because ~~he~~the person paid the rates ~~which~~that the utility admits are excessive or ~~reasonable~~unreasonable or collected through error, provided the utility might lawfully have made the reparation on its own petition, and provided the person has made a written request for the utility to file its own petition for authority to make the reparation or adjustment not less than 30 days before filing a complaint with the commission.
Sec. 39. 35-A MRSA §3132, sub-§6, as amended by PL 2009, c. 615, Pt. A, §1 and c. 655, Pt. A, §4, is repealed and the following enacted in its place:
 
6.  Commission order; certificate of public convenience and necessity.     In its order, the commission shall make specific findings with regard to the public need for the proposed transmission line. Except as provided in subsection 6-A for a high-impact electric transmission line, if the commission finds that a public need exists, it shall issue a certificate of public convenience and necessity for the transmission line. In determining public need, the commission shall, at a minimum, take into account economics, reliability, public health and safety, scenic, historic and recreational values, state renewable energy generation goals, the proximity of the proposed transmission line to inhabited dwellings and alternatives to construction of the transmission line, including energy conservation, distributed generation or load management. If the commission orders or allows the erection of the transmission line, the order is subject to all other provisions of law and the right of any other agency to approve the transmission line. The commission shall, as necessary and in accordance with subsections 7 and 8, consider the findings of the Department of Environmental Protection under Title 38, chapter 3, subchapter 1, article 6, with respect to the proposed transmission line and any modifications ordered by the Department of Environmental Protection to lessen the impact of the proposed transmission line on the environment. A person may submit a petition for and obtain approval of a proposed transmission line under this section before applying for approval under municipal ordinances adopted pursuant to Title 30-A, Part 2, Subpart 6-A; and Title 38, section 438-A and, except as provided in subsection 4, before identifying a specific route or route options for the proposed transmission line. Except as provided in subsection 4, the commission may not consider the petition insufficient for failure to provide identification of a route or route options for the proposed transmission line. The issuance of a certificate of public convenience and necessity establishes that, as of the date of issuance of the certificate, the decision by the person to erect or construct was prudent. At the time of its issuance of a certificate of public convenience and necessity, the commission shall send to each municipality through which a proposed corridor or corridors for a transmission line extends a separate notice that the issuance of the certificate does not override, supersede or otherwise affect municipal authority to regulate the siting of the proposed transmission line. The commission may deny a certificate of public convenience and necessity for a transmission line upon a finding that the transmission line is reasonably likely to adversely affect any transmission and distribution utility or its customers.
Sec. 40. 35-A MRSA §3210, sub-§7, as amended by PL 2009, c. 329, Pt. B, §1, is further amended to read:
 
7. Information.   The commission shall inform electricity consumers in this State of the benefits of electricity generated in this State using renewable resources and of the opportunities available in this State to purchase electricity that is generated using those resources, including, but not limited to, the green power offer and other green power supply products and renewable energy credit products certified under section 3212-A. The commission may not promote any renewable resources over others. The commission may apply for, receive and expend grant money from the United States Department of Energy and other government agencies for this purpose. Notwithstanding section ~~3211-A~~10110, subsection ~~5~~7, the commission also may use up to $100,000 per year from the conservation program fund established under section ~~3211-A~~10110, subsection ~~5~~7 to support the purposes of this subsection. The commission may create or cause to be created a brand or logo to identify Maine renewable resources, including the green power offer and other green power supply products and renewable energy credit products certified under section 3212-A, to consumers. The commission shall register any mark or logo created pursuant to this subsection with the United States Patent and Trademark Office or in accordance with Title 10, chapter 301-A, or both. Any brand or logo created pursuant to this subsection may only be used in accordance with the purposes of this subsection as approved by the commission.
Sec. 41. 38 MRSA §346, sub-§4, as amended by PL 2009, c. 615, Pt. E, §5 and c. 642, Pt. B, §4, is repealed and the following enacted in its place:
 
4.  Appeal of decision.     A judicial appeal of final action by the board or commissioner regarding an application for an expedited wind energy development, as defined in Title 35-A, section 3451, subsection 4, or a general permit pursuant to section 480-HH or section 636-A must be taken to the Supreme Judicial Court sitting as the Law Court. The Law Court has exclusive jurisdiction over request for judicial review of final action by the commissioner or the board regarding expedited wind energy developments or a general permit pursuant to section 480-HH or section 636-A. These appeals to the Law Court must be taken in the manner provided in Title 5, chapter 375, subchapter 7 and the Maine Rules of Civil Procedure, Rule 80C.
Sec. 42. 38 MRSA §1310-B, sub-§2, as amended by PL 2009, c. 579, Pt. A, §1 and c. 610, §1, is repealed and the following enacted in its place:
 
2.  Hazardous waste information and information on mercury-added products and electronic devices and mercury reduction plans; chemicals.     Information relating to hazardous waste submitted to the department under this subchapter, information relating to mercury-added products submitted to the department under chapter 16-B, information relating to electronic devices submitted to the department under section 1610, subsection 6-A, information relating to mercury reduction plans submitted to the department under section 585-B, subsection 6, information related to priority toxic chemicals submitted to the department under chapter 27 or information related to products that contain the "deca" mixture of polybrominated diphenyl ethers submitted to the department under section 1609 may be designated by the person submitting it as being only for the confidential use of the department, its agents and employees, the Department of Agriculture, Food and Rural Resources and the Department of Health and Human Services and their agents and employees, other agencies of State Government, as authorized by the Governor, employees of the United States Environmental Protection Agency and the Attorney General and, for waste information, employees of the municipality in which the waste is located. The designation must be clearly indicated on each page or other portion of information. The commissioner shall establish procedures to ensure that information so designated is segregated from public records of the department. The department's public records must include the indication that information so designated has been submitted to the department, giving the name of the person submitting the information and the general nature of the information. Upon a request for information, the scope of which includes information so designated, the commissioner shall notify the submittor. Within 15 days after receipt of the notice, the submittor shall demonstrate to the satisfaction of the department that the designated information should not be disclosed because the information is a trade secret or production, commercial or financial information, the disclosure of which would impair the competitive position of the submittor and would make available information not otherwise publicly available. Unless such a demonstration is made, the information must be disclosed and becomes a public record. The department may grant or deny disclosure for the whole or any part of the designated information requested and within 15 days shall give written notice of the decision to the submittor and the person requesting the designated information. A person aggrieved by a decision of the department may appeal only to the Superior Court in accordance with the provisions of section 346. All information provided by the department to the municipality under this subsection is confidential and not a public record under Title 1, chapter 13. In the event a request for such information is submitted to the municipality, the municipality shall submit that request to the commissioner to be processed by the department as provided in this subsection.
Sec. 43. Maine Revised Statutes headnote enacted; revision clause. In the Maine Revised Statutes, Title 23, chapter 410, after the chapter headnote, the headnote "subchapter 1, general provisions" is enacted and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
Emergency clause.  In view of the emergency cited in the preamble, this legislation takes effect when approved.
 
SUMMARY
Sections 1 and 2 remove a reference to a position that no longer exists and make a technical correction.
Section 3 removes a reference to a council that no longer exists and makes a technical correction.
Sections 4 to 8 correct references to a division in the Department of Agriculture, Food and Rural Resources and the division's director to reflect position changes enacted in Public Law 2009, chapter 552.
Section 9 strikes a reference to the Maine Athletic Commission, which was eliminated by Public Law 2007, chapter 621, section 13.
Section 10 corrects a conflict created by Public Law 2009, chapters 523 and 561, which affected the same provision of law. This section repeals the provision and replaces it with the chapter 561 version.
Sections 11 and 12 correct a conflict created when Public Law 2009, chapter 487, Part A repealed a chapter of law and enacted the substance as a different chapter and Initiated Bill 2009, chapter 2 amended a section of the repealed chapter. Section 12 incorporates the changes made in the Initiated Bill in the new section.
Section 13 corrects a spelling error and makes the language gender-neutral.
Section 14 corrects a reference to Fletchers Landing Township to reflect the name change made by Private and Special Law 2005, chapter 3.
Sections 15 to 17 repeal definitions that were used only in the Maine Revised Statutes, Title 22, section 2383-B, subsection 5, which was repealed by Initiated Bill 2009, chapter 1, section 4.
Sections 18 and 19 correct references and make grammatical changes.
Sections 20, 21 and 22 correct a numbering problem created by Public Law 2009, chapters 578, 634 and 635, which enacted 3 substantively different provisions with the same subsection number.
Section 23 corrects the maximum amount the Victim's Compensation Board may pay for a forensic examination to make the provision consistent with Title 5, section 3360-M, which was amended by Public Law 2009, chapter 79, section 4.
Section 24 corrects an internal reference and makes technical changes.
Section 25 corrects cross-references.
Sections 26 and 27 correct a numbering problem created by Public Law 2009, chapters 578, 634 and 635, which enacted 3 substantively different provisions with the same section number.
Sections 28 and 29 correct a numbering problem created by Public Law 2009, chapters 578, 634 and 635, which enacted 3 substantively different provisions with the same section number.
Section 30 corrects a numbering problem created by Public Law 2009, chapters 634 and 635, which enacted 2 substantively different provisions with the same section number.
Section 31 replaces the term "public service answering points" with the term "public safety answering points" to make Title 25, section 2926, subsection 2-A terminology consistent with the rest of the chapter.
Section 32 corrects the imprecise use of a pronoun.
Section 33 corrects the imprecise use of a pronoun.
Section 34 corrects a spelling error, makes grammatical changes and removes gender-specific language.
Sections 35, 36 and 37 remove references to a position that no longer exists.
Section 38 corrects a clerical error, corrects a grammatical error and removes gender-specific language.
Section 39 corrects a conflict created by Public Law 2009, chapters 615 and 655, which affected the same provision of law, by incorporating the changes made by both laws.
Section 40 corrects a cross-reference.
Section 41 corrects a conflict created by Public Law 2009, chapters 615 and 642, which affected the same provision of law, by incorporating the changes made by both laws.
Section 42 corrects a conflict created by Public Law 2009, chapters 579 and 610, which affected the same provision of law, by incorporating the changes made by both laws.
Section 43 adds a subchapter headnote. Public Law 1977, chapter 341, section 2 enacted subchapters 2 and 3 of Title 23, chapter 410. Prior to this enactment, there were no subchapters in chapter 410. This section adds a subchapter 1 headnote to chapter 410.

HP1089, LR 1, item 1,First Regular Session - 125th Maine Legislature, page