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Legislative Digest of Bill Summaries and Enacted Laws

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Legislative Digest of Bill Summaries and Enacted Laws STATE OF MAINE 128TH LEGISLATURE FIRST REGULAR SESSION LEGISLATIVE DIGEST OF BILL SUMMARIES AND ENACTED LAWS VOLUME 2 Summaries of All Bills and Adopted Amendments and All Laws Enacted or Finally Passed During the First Regular Session of the 128th Maine Legislature First Regular Session convened Wednesday, December 7, 2016 First Regular Session adjourned sine die Wednesday, August 2, 2017 Senate Legislative Days...……70 House Legislative Days.……..70 Bills Considered……….….1646 THE MAINE LEGISLATIVE COUNCIL HOUSE MEMBERS SENATE MEMBERS REP. SARA GIDEON, CHAIR SENATOR MICHAEL D. THIBODEAU, VICE-CHAIR REP. ERIN D. HERBIG SENATOR JUSTINSENATOR L. A GLFONDARRETT, V ICEP. M-CASONHAIR REP. JARED F. GOLDEN SENATOR ANDRE E. CUSHING REP. KENNETH W. FREDETTE SENATOR TROY D. JACKSON REP. ELEANOR ESPLING SENATOR NATHAN L. LIBBY AUGUST 2017 STATE OF MAINE 128TH LEGISLATURE FIRST REGULAR SESSION LEGISLATIVE DIGEST OF BILL SUMMARIES AND ENACTED LAWS VOLUME 2 This Legislative Digest of Bill Summaries and Enacted Laws is produced under the auspices of the Maine Legislative Council by: The Office of Policy and Legal Analysis The Office of Fiscal and Program Review Marion Hylan Barr, Director Christopher W. Nolan, Director 13 State House Station 5 State House Station Room 215, Cross Building Room 226, State House Augusta, Maine 04333-0013 Augusta, Maine 04333-0005 Telephone: (207) 287-1670 Telephone: (207) 287-1635 Fax: (207) 287-1275 Fax: (207) 287-6469 ----------- Contents of this Digest are available on the Internet at www.maine.gov/legis/opla ----------- STATE OF MAINE 128TH LEGISLATURE FIRST REGULAR SESSION LEGISLATIVE DIGEST OF BILL SUMMARIES AND ENACTED LAWS This Legislative Digest of Bill Summaries and Enacted Laws contains summaries of all LDs and adopted amendments and all laws enacted or finally passed during the First Regular Session of the 128th Maine Legislature. The Digest is arranged alphabetically by committee and within each committee by Legislative Document (LD) number. The committee report(s), prime sponsor and lead co-sponsor(s), if designated, are listed below each LD title. All adopted amendments are summarized and listed by paper number. A subject index is included with each committee. An appendix provides a summary of relevant session statistics. Final action on each LD is noted to the right of the LD title. The following describes the various final actions. CARRIED OVER ................................................................... carried over to a subsequent session of the Legislature CON RES XXX ............................................................. chapter # of constitutional resolution passed by both houses CONF CMTE UNABLE TO AGREE .............................. Committee of Conference unable to agree; legislation died DIED BETWEEN HOUSES ....................................................................House & Senate disagreed; legislation died DIED IN CONCURRENCE ................................. defeated in each house, but on different motions; legislation died DIED ON ADJOURNMENT ................................................ action incomplete when session ended; legislation died EMERGENCY ............................................. enacted law takes effect sooner than 90 days after session adjournment FAILED, EMERGENCY ENACTMENT or FINAL PASSAGE............. emergency failed to receive required 2/3 vote FAILED, ENACTMENT or FINAL PASSAGE .................................................... failed to receive final majority vote FAILED, MANDATE ENACTMENT ............................ legislation proposing local mandate failed required 2/3 vote HELD BY GOVERNOR............. Governor has not signed; final disposition to be determined at subsequent session LEAVE TO WITHDRAW ...............................................................sponsor’s request to withdraw legislation granted NOT PROPERLY BEFORE THE BODY.........................ruled out of order by the presiding officer; legislation died INDEF PP ..................................................................................................... indefinitely postponed; legislation died ONTP, ACCEPTED, MAJORITY, MINORITY or REPORT X ... ought-not-to-pass report accepted; legislation died P&S XXX .................................................................................................. chapter # of enacted private & special law PUBLIC XXX ............................................................................................................ chapter # of enacted public law RESOLVE XXX ..................................................................................................... chapter # of finally passed resolve VETO SUSTAINED ............................................................................. Legislature failed to override Governor's veto The effective date for non-emergency legislation enacted in the First Regular Session of the 128th Legislature is Wednesday, November 1, 2017. The effective date for legislation enacted as an emergency measure may be found in the enacted law summary for that legislation. TABLE OF CONTENTS --------------- VOLUME 1 Committee Name Joint Standing Committee on Agriculture, Conservation and Forestry Joint Standing Committee on Appropriations and Financial Affairs Joint Standing Committee on Criminal Justice and Public Safety Joint Standing Committee on Education and Cultural Affairs Joint Standing Committee on Environment and Natural Resources Joint Standing Committee on Energy, Utilities and Technology Joint Standing Committee on Health and Human Services Joint Standing Committee on Insurance and Financial Services Joint Standing Committee on Inland Fisheries and Wildlife Appendix A: Session statistics Appendix B: Index of bills not referred to committee VOLUME 2 Committee Name Joint Standing Committee on Judiciary Joint Standing Committee on Labor, Commerce, Research and Economic Development Joint Select Committee on Marijuana Legalization Implementation Joint Standing Committee on Marine Resources Joint Standing Committee on State and Local Government Joint Standing Committee on Taxation Joint Standing Committee on Transportation Joint Standing Committee on Veterans and Legal Affairs Appendix A: Session statistics Appendix B: Index of bills not referred to committee STATE OF MAINE TH 128 LEGISLATURE FIRST REGULAR SESSION Summaries of bills, adopted amendments and laws enacted or finally passed JOINT STANDING COMMITTEE ON JUDICIARY August 2017 MEMBERS: SEN. LISA KEIM, CHAIR SEN. RODNEY L. WHITTEMORE SEN. DAWN HILL REP. MATTHEW W. MOONEN, CHAIR REP. JOYCE MCCREIGHT STAFF: REP. CHRISTOPHER W. BABBIDGE MARGARET J. REINSCH, SENIOR LEGISLATIVE ANALYST REP. DONNA BAILEY JANET STOCCO , LEGISLATIVE ANALYST REP. BARBARA A. CARDONE OFFICE OF POLICY AND LEGAL ANALYSIS REP. LOIS GALGAY RECKITT 13 STATE HOUSE STATION REP. STACEY K. GUERIN AUGUSTA, ME 04333 REP. ROGER L. SHERMAN (207) 287-1670 REP. RICHARD T. BRADSTREET http://legislature.maine.gov/legis/opla/ REP. CHRIS A. JOHANSEN Joint Standing Committee on Judiciary LD 2 An Act To Prevent Bad Faith Assertions of Patent Infringement Accepted Report A (ONTP) Sponsor(s) Committee Report Amendments Adopted DEVIN M ONTP CARPENTER M OTP-AM OTP Current law prohibits a person from making a bad faith assertion of patent infringement against another person. A person who does make a bad faith assertion may have to pay remedies awarded by the court, including equitable relief, damages, costs and fees and punitive damages; however, the law exempts persons seeking relief pursuant to 35 United States Code, Section 271(e)(2) or 42 United States Code, Section 262 from the law prohibiting bad faith assertions of patent infringement, which may include businesses such as pharmaceutical companies. This bill removes the exemption. Committee Amendment "A" (H-12) This amendment is a minority report. It replaces the bill and narrows the existing exemption to apply to only good faith demand letters and good faith assertions of patent infringement arising under 35 United States Code, Section 271(e)(2) or 42 United States Code, Section 262. This amendment was not adopted. LD 21 An Act To Amend the Law Regarding the Execution of Temporary PUBLIC 42 Powers of Attorney Sponsor(s) Committee Report Amendments Adopted SANDERSON D OTP-AM H-22 Under current law, nonprofit legal services providers whose primary purpose is to provide free legal services are exempt from the requirement that organizations that assist parents or guardians with the process of executing a power of attorney for the temporary care of a minor ensure that a background check is completed for the agent and any adult members of the agent's household. This bill extends that exemption to nonprofit hospitals. Committee Amendment "A" (H-22) This amendment adds language to make clear that preparation of the powers of attorney contemplated by the current law must be in compliance with current law prohibiting the unauthorized practice of law. Enacted Law Summary Public Law 2017, chapter 42 exempts nonprofit hospitals from the requirement that organizations that assist parents or guardians with the process of executing a power of attorney for the temporary care of a minor ensure that a background check is completed for the agent and any adult members of the agent's household. Chapter 42 clarifies that preparation of the powers of attorney contemplated by the law must be in compliance with current law prohibiting the unauthorized practice of law. 1 Joint Standing Committee on Judiciary LD 39 An Act To Clarify
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