Sec. D-1. 1 MRSA �1005, as enacted by PL 1975, c. 621, �1, is amended to read:
Notwithstanding any other provision of law, all meetings, hearings or sessions of the commission shall be open to the general public unless, by an affirmative vote of at least 6 3 members, the commission requires the exclusion of the public.
Sec. D-2. 12 MRSA �7035, sub-�11-B, as amended by PL 1997, c. 432, �5, is further amended to read:
11-B. Free fishing days. The Saturday and Sunday of Father's Day weekend and the Saturday and Sunday immediately preceding President's Day are free fishing days. Notwithstanding sections 7151 and 7371, it is lawful during any free fishing day established under this subsection for any person to fish without a license in inland waters, except that this subsection does not apply to any person whose license to fish is under suspension or revocation. All other provisions of chapters 701 to 721 relating to fishing apply during any free fishing day.
Sec. D-3. 22 MRSA �1555-B, sub-�5, as enacted by PL 1997, c. 305, �5, is amended to read:
5. Possession and use of cigarettes, cigarette papers or tobacco products; use of false identification by minors prohibited. A person under 18 years of age may not purchase, possess or use cigarettes, cigarette paper or any tobacco product or offer false identification in an attempt to purchase any tobacco products or to purchase, possess or use cigarettes, cigarette paper or any other tobacco product.
Sec. D-4. 22 MRSA �1556-A, sub-�2, as amended by PL 1997, c. 305, �6, is further amended to read:
2. Enforcement; jurisdiction. Enforcement of criminal offenses may be carried out by written summons pursuant to Title 17-A filed in the District Court. Enforcement of civil violations set forth in section 1555-B, subsection 2 may be carried out by complaint filed in Administrative Court or District Court. All other civil violations under this chapter involving licenses issued pursuant to section 1551-A are within the jurisdiction of the Administrative Court pursuant to section 1557, subsection 1.
Sec. D-5. 24-A MRSA �6804, sub-�1, as enacted by PL 1997, c. 430, �1 and affected by �2, is amended to read:
1. Superintendent's authority. The superintendent may deny, suspend, revoke or refuse to renew the license of a viatical settlement provider if the superintendent finds just cause to do so, which may include, but is not limited to, a finding that:
A. There was any material misrepresentation in the application for the license or other information submitted to the superintendent;
B. The licensee or any officer, partner or key management personnel of the licensee has been convicted of fraudulent or dishonest practices, is subject to a final administrative action to suspend or revoke a viatical license or is otherwise shown to be untrustworthy or incompetent to act as a viatical settlement provider or viatical settlement broker;
C. The licensee as a viatical settlement provider demonstrates unreasonable payments to viators;
D. The licensee or any officer, partner or key management personnel of the licensee has been convicted of any felony of which criminal fraud is an element; or
E. The licensee has violated any of the provisions of this chapter or any rules adopted pursuant to this chapter.
Sec. D-6. 30-A MRSA �371-B, as enacted by PL 1997, c. 37, �1 and c. 87, �1, is repealed and the following enacted in its place:
�371-B. Selection; qualifications
1. Manner of election or appointment. Sheriffs are elected or appointed and hold their offices according to the Constitution of Maine. Their election must be conducted and determined as is provided for county commissioners. Sheriffs take office on the first day of January following their election.
2. Filling vacancies. Vacancies in the office of sheriff caused by death, resignation, removal from the county, permanent incapacity or any other reason must be filled as provided in the Constitution of Maine. In the case of a vacancy in the term of a sheriff who was nominated by primary election before the general election the sheriff appointed by the Governor to fill the vacancy until a successor is chosen at election must be enrolled in the same political party as the sheriff whose term is vacant. In making the appointment, the Governor shall choose from any recommendations submitted to the Governor by the county committee of the political party from which the appointment is made.
3. Minimum qualifications for officers. A person may not be appointed to the office of sheriff, be a candidate for election to the office of sheriff or serve as sheriff of any county in the State unless the candidate meets the following qualifications:
A. The candidate swears to or affirms the Law Enforcement Code of Ethics;
B. The candidate has never been convicted of a Class C or higher crime;
C. The candidate applies to the Secretary of State for a criminal background investigation; and
D. The candidate submits written certification from the Maine Criminal Justice Academy that the candidate has acquired the minimum college credits in required courses, training hours and years of experience, or combination thereof, to qualify for an executive certificate under academy standards.
4. Exception. Any person who is serving or who has previously served in the office of sheriff on the effective date of this section is deemed to meet the minimum qualifications of subsection 3.
Sec. D-7. PL 1997, c. 347, �1 is repealed.
Sec. D-8. PL 1997, c. 554, �2, sub-�8 is amended to read:
8. Report. The task force shall prepare and submit a report, including any necessary implementing legislation, to the Governor, the Chief Justice of the Supreme Judicial Court, the Executive Director of the Legislative Council and the Joint Standing Committee on State and Local Government by January 1, 1998 to be submitted to the First Second Regular Session of the 119th 118th Legislature.
Sec. D-9. Resolve 1997, c. 74, �2, sub-�5 is amended to read:
5. Two representatives of the Maine School Management Superintendents' Association, one of whom is a member of the cooperative board superintendents' advisory committee of an applied technology region and one who oversees an applied technology center, appointed by the President of the Maine School Management Superintendents' Association;
Sec. D-10. Effective date. That section of this Act that amends the Maine Revised Statutes, Title 24-A, section 6804, subsection 1 takes effect October 1, 1997.
Sec. D-11. Effective date. Except as otherwise provided, this Part takes effect 90 days after adjournment of the First Special Session of the 118th Legislature.
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