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2008 SUMMARY OF NEW STATE LAWS - MAINE

Maine State Legislative Website

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 1384

486

Traffic Offenses

Requires the Secretary of State to conduct a hearing regarding all motor vehicle accidents involving a human fatality; provides facts that are obtained at the hearing may be used to suspend or revoke the license of a driver involved in the accident; requires the Secretary to review all such accidents that occurred in 2007 to determine whether changes to the law are necessary to reduce or prevent such accidents. Effective date: June 30, 2008.

HB 1396

591

Traffic Safety

Prohibits smoking in a motor vehicle when a person under 18 years of age is present in that vehicle; makes violators subject to a fine or, at the discretion of the law enforcement officer present, a written warning. Effective date: September 1, 2008.

HB 1456

534

Underground Storage Tanks

Conforms laws of the State with federal Energy Policy Act; concerns underground oil storage tanks; requires owners and operators to have the tanks inspected by a disinterested certified underground oil storage tank inspector or installer at specified intervals; requires the Department of Environmental Protection to develop a training program for such owners and operators; provides authority to prohibit delivery of such tanks that are not inspected, operated and maintained in compliance with the law. Effective date: June 30, 2008.

HB 1479

626

Identity Theft

Revises the listing of the data elements that are considered personal information to be consistent with current state law concerning data breaches; allows an individual to request that that individual's personal information included in a document recorded with a register of deeds and available on the registry's publicly accessible website be redacted from the record available online. Effective date: June 30, 2008.

HB 1519

152

Security Breaches

Directs the Department of Professional and Financial Regulation, Bureau of Financial Institutions to study the effect of data security breaches on banks and credit unions in the State, including the damages suffered as a result of these breaches. Effective date: June 30, 2008.

HB 1586

634

Identity Theft

Provides for a mandatory police report for identity theft; allows a person who is a victim of identity theft to make a report to the police and obtain a copy of the police report; provides for a simple, expedient and comprehensive post-judgment method of relief when a person's identity has been stolen and falsely used by another person in a criminal proceeding, a civil violation proceeding or a traffic infraction proceeding. Effective date: June 30, 2008.

HB 1619

699

Building Codes

Defines a uniform statewide building and energy code; establishes the Technical Building Codes and Standards Board in the Department of Public Safety; ensures that training and certification for municipal building inspectors is readily available; appoints technical advisory groups to make recommendations on specific code issues; relates to the building and energy code, fire and life safety and training of municipal building officials, local code enforcement officers and third party inspectors. Effective date: Varies.

HB 1677

208

Workers’ Compensation

Requires employer and labor organizations to submit to the Governor a list of names of proposed board members to the Workers' Compensation Board; requires the Governor to nominate representatives to serve on the Workers' Compensation Board; requires incumbent members of the Workers' Compensation Board to resign their positions on the board; establishes conditions under which members of the board may be appointed; establishes the terms of the members appointed to the Workers' Compensation Board. Effective date: June 30, 2008.

SB 266

531

DUI

Allows the Secretary of State to reinstate the license of a person convicted of more than one violation of the operating under the influence laws if the person installs an approved ignition interlock device; provides for a specified number of years operation as a condition of license reinstatement; provides for reinstatement fees. Effective date: September 1, 2008.

SB 773

509

All-terrain Vehicles

Allows a landowner to decide who may cross the landowner's property with an all-terrain vehicle and still continue to receive the protection of the State; provides that a landowner may limited use of a state-approved ATV trail on the landowner's property through agreements to address environmental, public safety or management concerns. Effective date: June 30, 2008.

SB 775

632

Fire Sprinklers

Relates to legislative review of fire sprinkler rules; grandfathers nonresidential buildings in existence on a specified date by exempting them from more stringent fire sprinkler requirements than those in effect; provides that adopted rules are major substantive rules. Effective date: Retroactive to September 1, 2007.

The information contained in this summary is not intended as a portrayal of every property/casualty-related law enacted in each state. Rather, it represents recently enacted legislation specifically identified by NAMIC State and Regulatory Affairs Staff as bearing direct relevance to those issues that represent NAMIC's National State Legislative Agenda or otherwise deemed pertinent to the interests of the majority of NAMIC members.

This summary is for use as a convenient tool for our members, and is not intended, and should not be considered to be, legal advice. Please consult your legal representatives.