Maine Merchants Association

Legislative Affairs

The Maine Merchants Association Legislative Affairs Team is our member's full-time advocate in Augusta. Throughout the legislative session, we track dozens of bills relevant to Maine's merchant community.

We have developed a unique bill tracking service that enables our members to quickly find relevant bills, understand their impact, and the progress a bill has made. We also will feature particular bills that have garnered a lot of attention or stand to impact our industry in significant ways. We urge our membership to pay close attention to the Featured Bills.

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An Act To Prohibit Computer Software Programs Used To Evade Sales Tax (EMERGENCY)

Last Update: February 03, 2012
Status: In committee
Text: LD 1764

This bill prohibits the possession of automated sales suppression devices, which alter the amounts of sales made by a business for the express purpose of illegally withholding or skimming sales taxes paid by customers. For those persons who correct and fully report any previously underreported sales records before September 1, 2012, certain penalties are reduced but other existing financial liabilities are not reduced. The bill also authorizes the Department of Administrative and Financial Services, Bureau of Revenue Services to adopt routine technical rules to implement this interim compliance period. The bill also requires the bureau to report to the joint standing committee in January 2013 and December 2014 on efforts to detect and prevent crimes involving automated sales suppression devices.

Sponsor: Representative BERRY of Bowdoinham. Cosponsored by Senator WOODBURY of Cumberland and Representatives HASKELL of Portland, KNIGHT of Livermore Falls, PLUMMER of Windham.

FILED UNDER: Tax Related | In committee | Legislative Session: 125

An Act To Restrict Further the Amount of Methamphetamine Precursors That May Be Bought or Sold

Last Update: February 03, 2012
Status: In committee
Text: LD 1714

This bill amends the current restrictions on the sale of a targeted methamphetamine precursor to limit sales to 3.6 grams per day and 9 grams per 30 days. It also places the same restrictions on purchases.

The bill requires a purchaser to present a valid identification to the retailer and requires the retailer to record the name and address of the purchaser, the name and quantity of targeted methamphetamine precursor purchased, the date and time of the purchase and the form of identification presented. The retailer is required to maintain a logbook, and the purchaser must sign the logbook. The bill makes it a Class E crime to sell more than 3.6 grams per day and 9 grams per 30 days of a targeted methamphetamine precursor.

The bill requires beginning January 1, 2013 a retailer to, before completing a sale, electronically submit information about the sale and the person purchasing a targeted methamphetamine precursor to a real-time electronic logging system that tracks sales of over-the-counter cold and allergy medications containing a targeted methamphetamine precursor.

The bill provides that a retailer is immune from any civil liability if the sale was made in good faith.

The bill provides that the law regarding targeted methamphetamine precursors supersedes any local, municipal or county ordinance regulating sales of cold and allergy medications containing a targeted methamphetamine precursor.

The bill also requires the Maine Board of Pharmacy to select a real-time electronic logging system and by December 1, 2012 to notify retailers of the system.

Sponsor: Representative WILLETTE A of Mapleton. Cosponsored by Senator MCCORMICK of Kennebec and Senator MASON of Androscoggin, Representatives BURNS DC of Whiting, COTTA of China, DAVIS of Sangerville, FREDETTE of Newport, SANDERSON of Chelsea, TIMBERLAKE of Turner, WALLACE Dexter.

FILED UNDER: Pharmacy Related | In committee | Legislative Session: 125

An Act To Promote the Hiring of Seasonal Workers

Last Update: February 03, 2012
Status: In House for vote
Text: LD 1117

This bill changes from 5 weeks to 8 weeks the amount of time an employer may employ an employee without being charged for unemployment benefits.

UPDATE 2/2/12: The committee voted to expand the number of weeks from 5 to 6 with a hard sunset and report back in two years. The bill will now go to the House and Senate for approval.

UPDATE 6/15/11: The governor has signed the resolve.

UPDATE 6/2/11: The House and Senate have agreed to the Senate language to turn the bill into a resolve and be studied. The bill now awaits the governor's signature.

UPDATE 5/27/11: The Senate passed the "other" ought to pass report which would turn the bill into a resolve. As it currently stands, the House and Senate are in non-concurrence and it is unsure if the two bodies will see eye to eye on a resolution.

UPDATE 5/26/11: This bill has taken an unusual turn in that the minority ought to pass amendment was passed by the house. This amendment would increase the number of weeks from 5 to 7 weeks. It is now on the Senate calendar for consideration.

UPDATE 5/20/11: The committee has two separate ought to pass reports from the committee. One would turn the bill into a resolve to be studied. The second would change the number of weeks from the current 5 to 7 weeks. We are awaiting action in the House.

Sponsor: Representative FREDETTE of Newport. Cosponsored by Senator PLOWMAN of Penobscot and Senators SHERMAN of Aroostook, THIBODEAU of Waldo, Representatives CRAY of Palmyra, DAVIS of Sangerville, GIFFORD of Lincoln, TIMBERLAKE of Turner, WINSOR of Norway.

FILED UNDER: Wage and Labor Related | In House for vote | Legislative Session: 125

An Act Regarding the Collection of Fees for Prepaid Wireless Service

Last Update: February 03, 2012
Status: In committee
Text: LD 1799

This bill establishes a methodology for the determination of the amount of fees imposed on prepaid wireless telecommunications service. Under the bill, the Public Utilities Commission is required to establish by rule the amount of a fee imposed on prepaid wireless telecommunications consumers for contribution to the state universal service fund, if any, and the telecommunications education access fund. The amount of the fee is the result of $25 multiplied by a percentage determined by the commission by rule.

The bill also reallocates and amends the method of collection of the statewide prepaid wireless E-9-1-1 surcharge levied on prepaid wireless telecommunications service consumers and combines collection of the surcharge with the collection of the fees imposed on prepaid wireless telecommunications consumers for contribution to the state universal service fund and the telecommunications education access fund. The seller of prepaid wireless telecommunications services is required to collect the fees and surcharges from the prepaid wireless consumer for each retail transaction occurring in this State. The amount of the prepaid wireless fee, which is the sum of the 2 fees and the surcharge, must be separately stated on an invoice, receipt or similar document that is provided to the prepaid wireless consumer by the seller, when practicable. The seller is required to remit the fees and surcharges to the State Tax Assessor in the same manner as the sales tax. The State Tax Assessor is required to remit the fees and surcharges to the Public Utilities Commission for disbursement by the commission to the various funds.

Sponsor: Presented by Representative FITTS of Pittsfield.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act To Clarify the Laws Governing Pharmacy Interns

Last Update: January 27, 2012
Status: In committee
Text: LD 1608

This bill defines a "pharmacy intern" as a person who is enrolled in or a graduate of a college or school of pharmacy, is authorized to engage in the practice of pharmacy while under the supervision of a licensed pharmacist and is registered with the Maine Board of Pharmacy. This bill also gives to the Maine Board of Pharmacy the responsibility to register pharmacy interns.

Sponsor: Speaker NUTTING of Oakland. Cosponsored by Senator RECTOR of Knox and Representative CUSHING of Hampden.

FILED UNDER: Pharmacy Related | In committee | Legislative Session: 125

An Act To Provide Reimbursement for Medication Therapy Management Services

Last Update: January 27, 2012
Status: In committee
Text: LD 612

This bill creates a category of pharmacy services, designated as medication therapy management services, for which pharmacists may charge separately from a charge for the prescription drug or a dispensing fee. The bill defines "medication therapy management services," "qualified pharmacist" and "targeted patient." The bill authorizes the MaineCare program to reimburse for these services if they are found by the Commissioner of Health and Human Services to be cost-effective. The bill requires health insurance carriers to pay for medication therapy management services to targeted patients by qualified pharmacists if the carrier provides coverage for prescription drugs. This bill requires an evaluation by the Commissioner of Health and Human Services of the effect of medication therapy management services by January 1, 2017 and establishes the Medication Therapy Management Advisory Committee to advise the Superintendent of Insurance within the Department of Professional and Financial Regulation on implementation of medication therapy management services.

Sponsor: Senator RECTOR of Knox. Cosponsored by Representative FITTS of Pittsfield and Senators COURTNEY of York, MCCORMICK of Kennebec, President RAYE of Washington, SCHNEIDER of Penobscot, SNOWE-MELLO of Androscoggin, Speaker NUTTING of Oakland, Representatives PETERSON of Rumford, STRANG BURGESS of Cumberland.

FILED UNDER: Pharmacy Related | In committee | Legislative Session: 125

An Act To Improve and Ensure Adequate Funding for E-9-1-1 Services (EMERGENCY)

Last Update: January 27, 2012
Status: In committee
Text: LD 1761

This bill takes initial steps to update the State's emergency services communications laws as the State and the nation prepare to migrate to the next evolutionary step in 9-1-1 service, increases the E-9-1-1 monthly surcharge by 5¢ and changes the E-9-1-1 surcharge remittance from monthly to quarterly for local exchange telephone utilities, cellular or wireless providers and interconnected voice over Internet protocol providers whose average monthly surcharge remittance payment for the prior calendar year is less than $5,000.

Sponsor: Representative FITTS of Pittsfield.

FILED UNDER: Miscellaneous | In committee | Legislative Session: 125

An Act To Standardize the Definition of "Independent Contractor"

Last Update: January 27, 2012
Status: In committee
Text: LD 1314

This bill standardizes the definition of "independent contractor" for employment security law and workers' compensation law. It considers who directs or controls the means and manner of providing the contracted services; who furnishes the tools and equipment necessary to provide the services; whether the business is considered inseparable from the individual for purposes of taxes, profits and liabilities; who exercises control over the management and operations of the business; and who exercises the right and opportunity to perform the services of the business for multiple entities.

Sponsor: Representative TILTON of Harrington. Cosponsored by Senator PLOWMAN of Penobscot and Senator THOMAS of Somerset, Representatives CRAY of Palmyra, FITTS of Pittsfield, GIFFORD of Lincoln, MCFADDEN of Dennysville, PARRY of Arundel.

FILED UNDER: Wage and Labor Related | In committee | Legislative Session: 125

An Act To Provide Additional In-store Space for Maine's Businesses by Removing License and Permit Posting Requirements

Last Update: January 20, 2012
Status: In committee
Text: LD 1695

This bill eliminates the administrative burden of publicly displaying certain permits and licenses and the use of space for the display of those licenses and permits that could be otherwise used, including sales tax registration certificates, retail tobacco licenses, including those required to be displayed on tobacco vending machines, retail food establishment licenses, licenses for the sale of liquor and any license or permit issued by a municipality. Instead of displaying the license or permit, a licensee or permittee must make the license or permit available on demand at the premises or at the licensee's or permittee's primary place of business.

Sponsor: Representative PRESCOTT of Topsham. Cosponsored by Senator RECTOR of Knox and Senators LANGLEY of Hancock, MARTIN T of Kennebec, SNOWE-MELLO of Androscoggin, Representatives BENNETT of Kennebunk, MCKANE of Newcastle, OLSEN of Phippsburg, VOLK of Scarborough.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act To Prohibit Organized Retail Theft

Last Update: January 20, 2012
Status: In committee
Text: LD 648

This bill creates a new crime of organized retail theft. Organized retail theft includes the elements of theft as described in the Maine Revised Statutes, Title 17A, section 354, but the bill adds the element of using an organized retail scheme. For purposes of this new crime, an organized retail scheme is used when the property over which the person obtains or exercises unauthorized control is merchandise offered for sale by a retail store and the person acts in concert with a store employee or other person; leaves the store with the property through an emergency exit; removes or disables an anti-shoplifting or inventory control device; alters a product code; alters a sales receipt; or intends to sell the property

Sponsor: Representative PLUMMER of Windham. Cosponsored by Representative BURNS DC of Whiting and Representatives HARVELL of Farmington, SHAW of Standish.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act To Promote the Proper Disposal of Used Medical Sharps

Last Update: January 20, 2012
Status: Defeated
Text: LD 1412

This bill requires a manufacturer of medical sharps to participate in a program, individually or in conjunction with other manufacturers, for the collection, handling, transportation, treatment and disposal of unwanted medical sharps. It also provides that an entity that uses medical sharps is not required to dispose of them by shredding.

Sponsor: Representative WALSH INNES of Yarmouth. Cosponsored by Representative CHIPMAN of Portland and Representatives DUCHESNE of Hudson, RUSSELL of Portland, SANBORN of Gorham.

FILED UNDER: Environmental | Defeated | Legislative Session: 125

An Act To Allow for Timely Access to and Enhanced Administration of All Vaccines

Last Update: December 23, 2011
Status: In committee
Text: LD 1715

This bill makes the following changes to the laws governing the administration of vaccines by licensed pharmacists:

1. It broadens the scope of vaccines that a licensed pharmacist may administer to a person 18 years of age or older to allow for the administration of any vaccines licensed by the United States Department of Health and Human Services, Food and Drug Administration; and

2. It requires one-time approval from the Maine Board of Pharmacy of a pharmacist's or pharmacy's plan of operation for vaccine administration clinics and requires the board to adopt by rule criteria for the approval of such clinics.

Sponsor: Representative STRANG BURGESS of Cumberland. Cosponsored by Senator RECTOR of Knox and Senators DIAMOND of Cumberland, MARTIN T of Kennebec, Representatives CUSHING of Hampden, FOSSEL of Alna, MOULTON of York, Speaker NUTTING of Oakland, VOLK of Scarborough, WALLACE Dexter.

FILED UNDER: Pharmacy Related | In committee | Legislative Session: 125

An Act To Define, Prevent and Suppress Gang Activity in the State (EMERGENCY)

Last Update: December 23, 2011
Status: In committee
Text: LD 1707

This bill provides definitions of "criminal street gang" and "criminal street gang member" and creates the crime of criminal street gang solicitation. This bill requires the court to impose an enhanced sentence for certain crimes, such as murder, gross sexual assault, robbery, kidnapping, certain theft offenses and trafficking or furnishing of scheduled or synthetic hallucinogenic drugs, when those crimes are committed by a criminal street gang member.

Sponsor: Representative VOLK of Scarborough. Cosponsored by Senator MASON of Androscoggin and Senators ALFOND of Cumberland, DIAMOND of Cumberland, GERZOFSKY of Cumberland, SNOWE-MELLO of Androscoggin, Representatives BLODGETT of Augusta, BURNS DC of Whiting, MALONEY of Augusta, MOULTON of York.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act To Facilitate the Use of Alternative Methods for Biomedical Waste Treatment and Disposal

Last Update: December 23, 2011
Status: In committee
Text: LD 1646

This bill directs the Department of Environmental Protection to establish by rule approved alternative treatment processes for the treatment and disposal of biomedical waste for use by medical facilities. The rules must include disposal standards and may not require a medical facility to obtain a biomedical waste treatment facility license for treating its own biomedical waste. The bill also provides that the Department of Environmental Protection adopts the rules regarding handling and disposal of biomedical waste, consistent with the Maine Revised Statutes, Title 38, section 341-H.

Sponsor: Senator SAVIELLO of Franklin. Cosponsored by Senator DILL C of Cumberland.

FILED UNDER: Environmental | In committee | Legislative Session: 125

An Act To Improve Electronic Prescribing

Last Update: September 08, 2011
Status: Defeated
Text: LD 1166

CONCEPT DRAFT SUMMARY

This bill is a concept draft pursuant to Joint Rule 208.

This bill proposes to improve the electronic prescription drug program by establishing an electronic prior authorization system that:

1. Is aligned with the SCRIPT standard as set forth by the National Council for Prescription Drug Programs;

2. Is required to be included as a part of all devices and software and hardware systems that facilitate the electronic submission of prescription drug orders;

3. Uses a universal format for prior authorizations;

4. Notifies the patient’s preferred pharmacy of pending prior authorizations;

5. Provides specific feedback to the prescriber on acceptable reasons for approval of a prior authorization request for a prescription drug prescribed for a patient; and

6. Provides realtime feedback on the prior authorization request to a prescriber and a patient’s preferred pharmacy, which provides an explanation of benefits for the patient and includes information on how to appeal in the event of a denial of the requested medication.

Sponsor: Representative FITTS of Pittsfield.

FILED UNDER: Pharmacy Related | Defeated | Legislative Session: 125

An Act To Reimburse Pharmacies under the MaineCare Program Based on Wholesale Acquisition Costs

Last Update: September 08, 2011
Status: Passed
Text: LD 346

This bill requires the Department of Health and Human Services to reimburse pharmacies for dispensing covered brand name and generic drugs under the MaineCare program based on a formula that includes calculated wholesale acquisition cost plus 6.7% and a dispensing fee of $3.35 per prescription and allows the department to adopt routine technical rules. The formula applies to drugs dispensed under the MaineCare program on or after September 26, 2011.

Sponsor: Representative STRANG BURGESS of Cumberland. Cosponsored by Senator DIAMOND of Cumberland and Senators COURTNEY of York, HOBBINS of York, LANGLEY of Hancock, MCCORMICK of Kennebec, President RAYE of Washington, Representatives CURTIS of Madison, EVES of North Berwick, Speaker NUTTING of Oakland.

FILED UNDER: Pharmacy Related | Passed | Legislative Session: 125

An Act Relating to Concealed Firearms Locked in Vehicles

Last Update: July 05, 2011
Status: Passed
Text: LD 35

This bill provides that an employer may not prohibit an employee with a valid concealed firearms permit from keeping a firearm in the employee's vehicle as long as the vehicle is locked and the firearm is not visible.

Sponsor: Representative Cebra of Naples

FILED UNDER: Miscellaneous | Passed | Legislative Session: 125

Resolve, Regarding Legislative Review of Portions of Chapter 11: Rules Governing the Controlled Substances Prescription Monitoring Program, a Major Substantive Rule of the Department of Health and Human Services (EMERGENCY)

Last Update: July 05, 2011
Status: Passed
Text: LD 332

This resolve provides for legislative review of portions of Chapter 11: Rules Governing the Controlled Substances Prescription Monitoring Program, a major substantive rule of the Department of Health and Human Services.

Sponsor: Representative Strang Burgess of Cumberland

FILED UNDER: Pharmacy Related | Passed | Legislative Session: 125

An Act To Amend the Gift Card Laws

Last Update: July 05, 2011
Status: Passed
Text: LD 247

The amended bill exempts sellers of $250,000 or less of gift cards annually from escheating to the state.

The original bill changes from 2 years to 5 years the time after which a gift obligation or stored value card is deemed abandoned. It also removes the requirement that a merchant must remit 60% of the unclaimed amount to the Treasurer of State.

Sponsor: Representative Prescott of Topsham. Co-sponsored by Senator RECTOR of Knox and Representatives COTTA of China, DAVIS of Sangerville, HAMPER of Oxford, KNIGHT of Livermore Falls, KRUGER of Thomaston, PILON of Saco, SHAW of Standish, WEAVER of York.

FILED UNDER: Gift Cards | Passed | Legislative Session: 125

An Act To Provide a Sales Tax Holiday Weekend

Last Update: June 24, 2011
Status: Defeated
Text: LD 1384

This bill provides an exemption from the sales tax for items sold over the first weekend in October 2011 including Energy Star products. The bill also sets out exemptions to the sales tax holiday weekend. The bill requires the Executive Director of the Bureau of Revenue Services within the Department of Administrative and Financial Services to report to the State Controller the amount of sales tax unpaid, as well as revenue raised from personal and corporate income taxes and other sources, as a result of the sales tax holiday weekend. The Bureau of Revenue Services in consultation with the Maine Merchants Association is required to recommend one weekend beginning annually in 2012 to designate as a sales tax holiday weekend and report to the Joint Standing Committee on Taxation. The Joint Standing Committee on Taxation has authority to submit legislation to the Second Regular Session of the 125th Legislature pertaining to the dates that are selected for the sales tax holiday weekend.

Sponsor: Representative STRANG BURGESS of Cumberland. Cosponsored by Senator ROSEN R of Hancock and Senators COURTNEY of York, GOODALL of Sagadahoc, MARTIN T of Kennebec, President RAYE of Washington, RECTOR of Knox, SNOWE-MELLO of Androscoggin, Representatives AYOTTE of Caswell, BEAVERS of South Berwick, BURNS DC of Whiting, CASAVANT of Biddeford, CEBRA of Naples, CELLI of Brewer, CHASE of Wells, CLARKE of Bath, CURTIS of Madison, CUSHING of Hampden, DAMON of Bangor, EDGECOMB of Caribou, ESPLING of New Gloucester, FITTS of Pittsfield, FOSSEL of Alna, FOSTER of Augusta, GUERIN of Glenburn, HAMPER of Oxford, JOHNSON P of Greenville, KAENRATH of South Portland, KESCHL of Belgrade, KNAPP of Gorham, KNIGHT of Livermore Falls, LIBBY of Waterboro, MALABY of Hancock, MCFADDEN of Dennysville, MCKANE of Newcastle, NEWENDYKE of Litchfield, OLSEN of Phippsburg, PARKER of Veazie, PARRY of Arundel, PILON of Saco, PLUMMER of Windham, PRESCOTT of Topsham, SHAW of Standish, SIROCKI of Scarborough, TURNER of Burlington, VALENTINO of Saco, WEAVER of York, WOOD of Sabattus.

FILED UNDER: Tax Related | Defeated | Legislative Session: 125

An Act To Reduce Income Tax to 4.5% and Remove Low-income Families from Taxation

Last Update: June 17, 2011
Status: Defeated
Text: LD 9

This bill requires the transfer to the Tax Relief Fund for Maine Residents, beginning in fiscal year 2012-13, of any growth in General Fund revenues over the previous fiscal year adjusted by the growth limitation factor. Money in the fund must be used to reduce the overall individual income tax burden by reducing the tax rates until the top rate is reduced to 4.5% and increasing to $30,000 the income threshold below which families do not pay income tax.

Sponsor: Senator Courtney of York. Co-sponsors: Representative CUSHING of Hampden and Senators HASTINGS of Oxford, LANGLEY of Hancock, TRAHAN of Lincoln, Representatives CHASE of Wells, FREDETTE of Newport, HAMPER of Oxford, HANLEY of Gardiner, KNIGHT of Livermore Falls, NELSON of Falmouth, VALENTINO of Saco.

FILED UNDER: Tax Related | Defeated | Legislative Session: 125

An Act To Provide Maine Tourism and Industry Collaborative Film Grants

Last Update: June 17, 2011
Status: Passed
Text: LD 1069

This bill establishes the Tourism and Industry Collaborative Film Grant Program within the Department of Economic and Community Development, Office of Tourism to promote Maine tourism and industry and assist in job creation through grants for feature film projects that promote Maine's natural resources and industries. The program will provide grants from the Tourism and Industry Collaborative Film Grants Fund of up to $500,000 for eligible feature film projects, not to exceed 40% of the feature film's production budget, to be paid upon the feature film's completion. The bill provides that money in the fund may be distributed to eligible feature film projects initially as a loan during preproduction and production of the feature film. The bill requires that, in order to receive grant funds upon completion, the feature film project must demonstrate to the satisfaction of the Office of Tourism that the feature film has a production budget over $250,000, features at least one primary Maine industry, tells a story that is set in Maine for at least 75% of the film and features outdoor locations in Maine for at least 25% of the film. The feature film project must also have filmed on location in Maine for at least 75% of the film. The bill requires a feature film project to provide film footage for state tourism promotion activities.

Sponsor: Representative VALENTINO of Saco. Cosponsored by Senator PATRICK of Oxford and Representatives PRESCOTT of Topsham, RUSSELL of Portland.

FILED UNDER: Digital Media Production | Passed | Legislative Session: 125

An Act To Promote the Hiring of Seasonal Workers

Last Update: June 17, 2011
Status: Defeated
Text: LD 304

This bill changes from 5 weeks to 10 weeks the amount of time an employer may employ an employee without being charged for unemployment benefits.

Sponsor: Representative McKane of Newcastle. Co-sponsors: Senator RECTOR of Knox and Senators THIBODEAU of Penobscot, TRAHAN of Lincoln, Representatives BURNS DR of Alfred, CEBRA of Naples, MACDONALD of Boothbay, PRESCOTT of Topsham.

FILED UNDER: Wage and Labor Related | Defeated | Legislative Session: 125

Resolve, Regarding Legislative Review of Portions of Chapter 882: Designation of Bisphenol A as a Priority Chemical and Regulation of Bisphenol A in Children's Products, a Major Substantive Rule of the Department of Environmental Protection (EMERGENCY)

Last Update: June 17, 2011
Status: Passed
Text: LD 412

This resolve provides for legislative review of portions of Chapter 882: Designation of Bisphenol A as a Priority Chemical and Regulation of Bisphenol A in Children's Products, a major substantive rule of the Department of Environmental Protection.

Sponsor: Environment and Natural Resources Committee

FILED UNDER: Environmental | Passed | Legislative Session: 125

An Act To Amend the Process for Prioritizing Toxic Chemicals in Children's Products

Last Update: June 17, 2011
Status: Defeated
Text: LD 1185

The bill amends the law to require the Commissioner of Environmental Protection by January 1, 2012 to establish a list of chemicals that are candidates for designation as a priority chemical based on similar listings of other authoritative agencies or demonstrated potential to exposure children to that chemical from its use in children's products. Under the bill, the candidate list is a subset of the list of chemicals of high concern, which is already established under existing law. The bill further requires that, after January 1, 2012, a chemical may be designated as a priority chemical only if it is included on the candidate list and requires that at least 2 additional priority chemicals be designated by January 1, 2013.

Sponsor: Senator GOODALL of Sagadahoc. Cosponsored by Representative DOW of Waldoboro and Senator BARTLETT of Cumberland, Representatives DUCHESNE of Hudson, FOSSEL of Alna, KNAPP of Gorham, STRANG BURGESS of Cumberland, WALSH INNES of Yarmouth.

FILED UNDER: Environmental | Defeated | Legislative Session: 125

An Act To Amend the Laws Administered by the Department of Environmental Protection

Last Update: June 17, 2011
Status: Passed
Text: LD 1398

This bill makes the following changes to the laws governing environmental protection.

1. It authorizes the Department of Environmental Protection to allow an operator to review a completed operator certification test with department staff in order to identify subject areas for which questions were answered incorrectly and further study is advisable.

2. It repeals an obsolete provision of law governing certification of underground oil storage tank removers.

3. It clarifies the laws governing liability of fiduciaries and lenders who undertake investigations of contaminated property.

4. It changes the name of the Pollution Prevention Advisory Committee to the Pollution Prevention and Small Business Assistance Advisory Panel and amends the laws governing the appointment of members to the panel and terms and compensation of members.

5. It adds the category of degraded regions or watersheds to the list of regions or watersheds that the department is required to establish in rule.

6. It amends the Maine Revised Statutes, Title 38, section 420D, subsection 5 to provide that if project review is required pursuant to Title 38, section 1310N, 1319R or 1319X, regarding waste facility licenses, review is not required pursuant to the laws governing storm water management.

7. It repeals Title 38, section 420D, subsection 7, paragraph F, which is an exemption from the laws governing storm water management for waste facilities regulated under Title 38, section 1310N, 1319R or 1319X.

8. It amends Title 38, section 420D, subsection 11, a provision that authorizes the Department of Environmental Protection to establish a nonpoint source reduction program to allow an applicant to pay a compensation fee in lieu of meeting certain requirements, by adding the alternative of allowing an applicant to carry out a compensation project in lieu of meeting such requirements. It also deletes a related provision that authorizes the department to allow an applicant to meet a municipally required mitigation option in certain circumstances as an alternative to paying a compensation fee.

9. It amends Title 38, section 469 to add text consistent with the first paragraph of section 469, to correct the structure of section 469 and to aid the ease of use of the section.

10. It amends the laws governing the classification of estuarine and marine waters in Phippsburg to specify missing coordinates.

11. It amends the oil spill prevention laws to make it clear that liquid natural gas is not oil.

12. It amends the laws on registration of underground oil storage tanks to require that such tanks be registered within the year preceding installation.

13. It amends the laws governing abandonment and removal of oil storage facilities to allow flexibility in providing notice to the department in advance of removal work.

14. It amends the oil spill remediation laws to make it clear that the costs of cleaning up discharges from above ground home heating oil tanks are eligible for coverage by the Ground Water Oil Cleanup Fund whether or not the tank is constructed of fiberglass, cathodically protected steel or other noncorrosive material. It also deletes obsolete language related to eligibility for fund coverage of discharges that were discovered before October 1, 1999.

15. It amends the oil spill remediation laws to provide that oil cleanup costs from leaking storage tanks are eligible for coverage by the Ground Water Oil Cleanup Fund if the applicant for coverage such as the tank owner or operator pays the applicable statutory deductibles.

16. It limits the liability of municipalities that acquire oil storage facilities through tax delinquency proceedings.

17. It repeals and replaces Title 38, section 584-A to provide that references to ambient air quality standards refer to national ambient air quality standards.

18. It amends the wellhead protection laws to extend the siting restrictions on automobile maintenance shops to public works garages and other noncommercial facilities where motor vehicles are serviced.

19. It amends the wellhead protection laws to eliminate language regarding the applicability of wellhead siting restrictions to development under construction. The language has been rendered obsolete by the passage of time.

20. It amends the mercury products laws to consolidate restrictions on the sale of mercury added batteries.

21. It amends the mercury products laws to clarify that automakers must pay the minimum $4 amount for mercury switches from motor vehicles if the year, make and model of the vehicle are provided.

22. It amends the laws governing recycling of mercury thermostats to clarify the requirements for distribution of collection bins to recycling locations. It also amends the provisions requiring thermostat manufacturers to pay a $5 bounty on each mercury thermostat returned for recycling by clarifying that the bounty is owed whether or not the thermostat is returned with the exterior cover intact.

23. It consolidates reporting requirements under the thermostat recycling and product stewardship laws.

24. It amends the product stewardship laws to make explicit that product manufacturers may create a stewardship organization to implement their responsibilities for managing the environmental impacts of their products.

Sponsor: Representative HAMPER of Oxford. Cosponsored by Representative DUCHESNE of Hudson and Representatives LONG of Sherman, PARKER of Veazie.

FILED UNDER: Environmental | Passed | Legislative Session: 125

An Act To Streamline the Waste Motor Oil Disposal Site Remediation Program (EMERGENCY)

Last Update: June 17, 2011
Status: Passed
Text: LD 1434

This bill implements the recommendations of the stakeholder group convened by the Department of Environmental Protection pursuant to Resolve 2009, chapter 211. The bill amends the waste motor oil disposal site remediation program and the Plymouth Waste Oil Loan Program in accordance with the stakeholder group recommendations.

1. Current law imposes a premium on prepackaged gasoline engine motor oil and diesel engine bulk motor vehicle oil at the rate of 35¢ per gallon and on gasoline engine bulk motor vehicle oil at the rate of $1.10 per gallon. This bill specifies that the premium is $1.10 per gallon of gasoline engine crankcase oil sold or distributed in a volume of more than 5 gallons and 35¢ per gallon on diesel engine crankcase oil, gasoline engine crankcase oil sold or distributed in containers of 5 gallons or less and all other motor vehicle oil sold or distributed in containers of 16 gallons or less.

2. As long as there is at least $600,000 in the Waste Motor Oil Revenue Fund, the Finance Authority of Maine is directed to disburse the funds in excess of that amount each year to reimburse motor vehicle oil dealers for premiums paid on oil sold or distributed outside of Maine, to pay the responsible parties at the Plymouth waste motor oil disposal site, to reimburse the Maine National Guard for response costs incurred at the Plymouth waste motor oil disposal site and to reimburse the Uncontrolled Sites Fund in the Department of Environmental Protection for response costs incurred by the department at the waste motor oil disposal sites in Plymouth, Casco, Ellsworth and Presque Isle.

3. Once $3,500,000 is paid to the Department of Environmental Protection from the Waste Motor Oil Revenue Fund, the department is directed to release from liability any eligible person at the Ellsworth, Casco and Presque Isle waste motor oil disposal sites.

4. A program to reimburse motor oil dealers for premiums paid on oil sold or distributed out of state is established using funds in the Waste Motor Oil Revenue Fund.

5. The Finance Authority of Maine is required to disburse, on a pro rata basis, all funds in the Waste Oil Cleanup Fund, established in the Maine Revised Statutes, Title 10, section 1023L, to eligible persons at the waste motor oil disposal site in Plymouth.

6. The Finance Authority of Maine is required to treat as a grant any loan made by the authority under the Plymouth Waste Oil Loan Program established in Title 10, section 1023M and to dismiss any further obligation of the borrower.

Sponsor: Representative MARTIN J of Eagle Lake. Cosponsored by Senator SAVIELLO of Franklin and Senator GOODALL of Sagadahoc, Representative DUCHESNE of Hudson.

FILED UNDER: Auto Service Related | Passed | Legislative Session: 125

An Act To Provide the Department of Environmental Protection with Regulatory Flexibility Regarding the Listing of Priority Chemicals

Last Update: June 17, 2011
Status: Passed
Text: LD 1129

This bill makes a number of changes to the priority chemical program, including:

1. Amending the Maine Administrative Procedure Act to require that the Legislature receive notification through the regulatory agenda process of any proposals to regulate chemicals pursuant to the Maine Revised Statutes, Title 38, chapter 16D before rulemaking may be initiated;

2. Providing the Department of Environmental Protection with a process by which it can respond to developments in science to remove the designation of and de-list a chemical that is ultimately found to not pose a risk to human health;

3. Designating rules adopted by the Department of Environmental Protection that designate chemicals of high concern as priority chemicals to be major substantive rules;

4. Establishing de minimus levels of chemical concentrations in children's products;

5. Establishing clear exposure criteria for designation of priority chemicals;

6. Removing the presumptions regarding safer alternatives to a priority chemical;

7. Reducing regulatory duplication with other state or federal programs; and

8. Increasing from 10 to 45 days the amount of time a manufacturer or distributor of a product offered for sale in violation of the priority chemical requirements has to provide evidence that the product is not in violation or notify persons who sell the product.

Sponsor: Representative HAMPER of Oxford.

FILED UNDER: Environmental | Passed | Legislative Session: 125

An Act Regarding Service Contracts

Last Update: June 17, 2011
Status: Passed
Text: LD 1507

This bill creates a statutory framework within which service contracts are defined and regulated by the Superintendent of Insurance. It provides that service contracts are not insurance and are not subject to the insurance laws. It includes consumer protections and eliminates unnecessary administration.

Sponsor: Representative CUSHING of Hampden. Cosponsored by Senator PLOWMAN of Penobscot and Representatives CURTIS of Madison, FITTS of Pittsfield, KNIGHT of Livermore Falls, MCCLELLAN of Raymond, MORISSETTE of Winslow, RICHARDSON W of Warren.

FILED UNDER: General Business | Passed | Legislative Session: 125

An Act To Encourage the Use of Reusable Bags

Last Update: June 17, 2011
Status: Defeated
Text: LD 745

This bill provides an income tax credit up to $75,000 to retailers that provide compensation to customers for the use of reusable bags.

Sponsor: Representative CORNELL DU HOUX of Brunswick.

FILED UNDER: Environmental | Defeated | Legislative Session: 125

An Act To Promote Transparency in the Medicaid Reimbursement Process

Last Update: June 17, 2011
Status: Passed
Text: LD 1485

This bill requires the Department of Health and Human Services, office of MaineCare services to establish a 60day written comment period on any proposed change to the state maximum allowable cost list if the change results in a reduction in payment to pharmacies. The office of MaineCare services is required to prepare an annual report that summarizes the number of drugs affected by such changes and the percentage change in payment for those drugs that resulted from changes to the list during the calendar year and submit that report annually by December 31st to the joint standing committee of the Legislature having jurisdiction over health and human services matters. The Department of Health and Human Services, office of MaineCare services is required to amend its rules to implement the provisions of this bill.

Sponsor: Representative FOSSEL of Alna. Cosponsored by Senator MCCORMICK of Kennebec and Speaker NUTTING of Oakland, Representatives STRANG BURGESS of Cumberland.

FILED UNDER: Pharmacy Related | Passed | Legislative Session: 125

An Act To Ensure Regulatory Fairness and Reform

Last Update: June 17, 2011
Status: Passed
Text: LD 1

The omnibus business regulation reform and jobs bill.

This bill proposes to amend the laws to improve the business climate in the State and encourage job creation and retention and expand opportunities for Maine people. This will be accomplished by ensuring regulatory fairness and reform among departments and agencies of State Government by reviewing aspects of the regulatory process and reforming those processes as necessary to eliminate duplicate or unnecessary regulations and to ensure transparency, fairness, effectiveness and efficiency in the development, adoption, implementation and enforcement of regulatory efforts.

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Sponsor: Senate President Raye, House Speaker Nutting.

FILED UNDER: General Business | Passed | Legislative Session: 125

An Act To Amend the Laws Governing the Maine Health Data Organization Relating to Retail Pharmacies

Last Update: June 10, 2011
Status: Passed
Text: LD 572

This bill removes retail pharmacies from the list of entities funding and reporting to the Maine Health Data Organization.

Sponsor: Senator SNOWE-MELLO of Androscoggin. Cosponsored by Senator COLLINS of York and Senator MCCORMICK of Kennebec, Representatives CEBRA of Naples, MCKANE of Newcastle, SARTY of Denmark.

FILED UNDER: Pharmacy Related | Passed | Legislative Session: 125

An Act To Amend the Laws Regulating Dealers of Agricultural, Light Industrial and Forestry Equipment

Last Update: June 03, 2011
Status: Passed
Text: LD 187

This bill expands the definition of “dealer” in the Maine Revised Statutes, Title 10, chapter 208-B to include persons engaged in retail sales of forestry equipment and light industrial equipment. Chapter 208-B contains provisions pertaining to agreements between suppliers and dealers of farm and utility machinery and yard and garden equipment. It contains repurchase provisions and warranty obligations.

This bill defines “single-line dealer” and excludes a single-line dealer from the protections and obligations under this chapter. It extends from 90 days to 120 days the advance notice required for a supplier or a dealer to notify the other of intent to terminate a supplier-dealer agreement. It revises the requirements for a supplier to repurchase inventory from a dealer. It reduces the period within which payment must be made from 60 to 45 days after receipt of the inventory by the supplier. It requires repurchase at 100% of net cost for all new and undamaged equipment purchased from the supplier within 36 months of an agreement termination, instead of the current 30-month period. It establishes rates for repurchase of parts and tools not covered under current law.

It extends from 45 to 90 days the time period a supplier is allowed to consider a dealer’s request to transfer a dealership. It specifies that a dealer performing work under a supplier's warranty is entitled to compensation at the suggested retail price for parts.

Sponsor: Representative Bickford of Auburn

FILED UNDER: General Business | Passed | Legislative Session: 125

An Act To Create the Children's Wireless Protection Act

Last Update: June 03, 2011
Status: Defeated
Text: LD 1014

This bill provides that a retailer may not sell at retail in this State a cellular telephone unless, at no cost to the Maine retailer, the cellular telephone and its packaging bear a warning label relating to the potential health effects associated with non-thermal effects of cellular telephone radiation. It requires the manufacturer of the cellular telephone to provide the warning labels to the retailer at no cost to the retailer. This bill also requires the retailer to post a sign where cellular telephones are displayed warning of potential health risks associated with the use of cellular telephones. A violation of this provision is a violation of the Maine Unfair Trade Practices Act.

Sponsor: Representative BOLAND of Sanford. Cosponsored by Senator BLISS of Cumberland and Representatives BERRY of Bowdoinham, HAYES of Buckfield, LAJOIE of Lewiston, LOVEJOY of Portland, MALABY of Hancock, O'CONNOR of Berwick, PEOPLES of Westbrook, TUTTLE of Sanford.

FILED UNDER: Environmental | Defeated | Legislative Session: 125

An Act To Provide Economic Incentives to Businesses for the Collection of State Taxes

Last Update: May 27, 2011
Status: Defeated
Text: LD 1205

This bill permits persons that are required to register under Maine's sales and use tax laws to deduct and retain an amount equal to up to 1% of the sales and use taxes they collect, as reimbursement for the expenses they incur in the collection of sales and use taxes on behalf of the State.

Sponsor: Representative MCCLELLAN of Raymond. Cosponsored by Senator HASTINGS of Oxford and Representatives BLACK of Wilton, DOW of Waldoboro, DUNPHY of Embden, HARMON of Palermo.

FILED UNDER: Tax Related | Defeated | Legislative Session: 125

An Act To Increase the Collection of Sales and Use Tax

Last Update: May 26, 2011
Status: Defeated
Text: LD 469

This bill requires out-of-state retailers that are not required to collect sales tax and that are part of a controlled group of corporations with a connection in the State to notify purchasers in the State of the obligation to pay sales or use tax and requires those retailers to provide annual statements of purchases to the purchasers and the Department of Administrative and Financial Services, Maine Revenue Services. Fines are provided for failure to provide the required notifications and statements.

Sponsor: Representative DILL C of Cape Elizabeth. Cosponsored by Senator BLISS of Cumberland and Representatives BERRY of Bowdoinham, BRYANT of Windham, FLEMINGS of Bar Harbor, PILON of Saco.

FILED UNDER: Tax Related | Defeated | Legislative Session: 125

Resolve, To Study Adoption of the Streamlined Sales and Use Tax Agreement

Last Update: May 26, 2011
Status: Defeated
Text: LD 451

This resolve directs the Department of Administrative and Financial Services, Bureau of Revenue Services to identify changes in the sales and use tax laws necessary to conform to the Streamlined Sales and Use Tax Agreement and to submit its report and proposed legislation to the Joint Standing Committee on Taxation by January 15, 2012.

Sponsor: Representative DILL C of Cape Elizabeth. Cosponsored by Senator WOODBURY of Cumberland and Senator BLISS of Cumberland, Representatives BERRY of Bowdoinham, CROCKETT of Bethel, FLEMINGS of Bar Harbor, PILON of Saco.

FILED UNDER: Tax Related | Defeated | Legislative Session: 125

An Act To Exempt Internet Sales from the Sales and Use Tax

Last Update: May 20, 2011
Status: Defeated
Text: LD 961

This bill provides a sales and use tax exemption for sales made over the Internet.

UPDATE: This bill has been indefinitely postponed in both the House and Senate. It has been killed.

Sponsor: Representative HARMON of Palermo. Cosponsored by Representative DUNPHY of Embden and Representatives FITZPATRICK of Houlton, GILLWAY of Searsport, JOHNSON D of Eddington, JOHNSON P of Greenville, MALABY of Hancock, MCCLELLAN of Raymond, NEWENDYKE of Litchfield.

FILED UNDER: Tax Related | Defeated | Legislative Session: 125

An Act To Repeal the Informed Growth Act

Last Update: May 20, 2011
Status: Passed
Text: LD 322

This bill repeals the Informed Growth Act.

UPDATE 5/17/11: Governor LePage signed the bill into law. It will become effective 90 days after adjournment.

UPDATE 5/6/11: The Senate voted 24-10 to support the amended version of the bill. The bill will now head to the Governor for final enactment. See the Roll Call.

UPDATE 5/3/11: The House voted 90-59 to support the amended version of the bill which allows communities to "opt-in" to the IGA. Maine Merchants supported the amended bill. On to the Senate. See the Roll Call

Sponsor: Representative CLARK T of Easton. Cosponsored by Senator HASTINGS of Oxford and Representatives COTTA of China, CROCKETT of Bethel, HAMPER of Oxford, HARVELL of Farmington, PRESCOTT of Topsham, SARTY of Denmark, WILLETTE A of Mapleton, WILLETTE M of Presque Isle.

FILED UNDER: General Business | Passed | Legislative Session: 125

An Act To Provide Incentives To Foster Economic Growth and Build Infrastructure in the State (EMERGENCY)

Last Update: May 13, 2011
Status: In committee
Text: LD 384

This bill establishes the Tourism and Industry Film Production Cash Rebate Program in the Department of Economic and Community Development, Office of Tourism. The purpose of the program is to attract film production companies to Maine by providing cash rebates for certain expenses of the film production company. In order to qualify, the company must spend at least $50,000 for direct production costs in Maine and at least $250,000 in investment in infrastructure in this State and have ties to Maine, such as using a Maine bank and payroll processor. The amount of the available rebate ranges from 27% of the expenses related to infrastructure to 51% of the costs of training and employment of Maine residents.

Sponsor: Representative PICCHIOTTI of Fairfield. Cosponsored by Senator WHITTEMORE of Somerset and Senators MARTIN T of Kennebec, TRAHAN of Lincoln, Representatives HARVELL of Farmington, KNIGHT of Livermore Falls, MITCHELL of Penobscot Nation, MORISSETTE of Winslow, SANDERSON of Chelsea.

FILED UNDER: Digital Media Production | In committee | Legislative Session: 125

An Act To Provide Funding for Landfills by Imposing a Gift Package Surcharge

Last Update: May 13, 2011
Status: Defeated
Text: LD 752

This bill requires a retail store with over 8,000 square feet of retail floor space to collect a surcharge of $2 on each gift package provided to its retail customers. The surcharge is remitted to the State to support the Department of Environmental Protection's remediation and closure program for solid waste landfills.

Sponsor: Representative KNAPP of Gorham. Cosponsored by Representative BERRY of Bowdoinham and Representative BOLDUC of Auburn.

FILED UNDER: Tax Related | Defeated | Legislative Session: 125

An Act To Provide for the Recycling or Proper Disposal of Architectural Paint

Last Update: May 13, 2011
Status: Defeated
Text: LD 1433

This bill establishes a product stewardship program for the environmentally sound disposal of architectural paint.

Sponsor: Representative WALSH INNES of Yarmouth. Cosponsored by Senator BRANNIGAN of Cumberland and Representatives CHIPMAN of Portland, DUCHESNE of Hudson, RUSSELL of Portland.

FILED UNDER: Environmental | Defeated | Legislative Session: 125

An Act To Provide Certainty to Businesses and Development

Last Update: May 10, 2011
Status: Passed
Text: LD 86

This bill provides that a municipality may not nullify or amend a municipal land use permit by a subsequent enactment, amendment or repeal of a local ordinance after a period of 75 days has passed after the permit has received its lawful final approval and, if required, a public hearing was held on the permit. It also specifies that this provision does not affect any municipal ordinance that provides for a lapse of the permit or authority granted pursuant to the permit after a certain period of time.

Sponsor: Senator SCHNEIDER of Penobscot. Cosponsored by Representative COTTA of China and Senators COLLINS of York, DIAMOND of Cumberland, SULLIVAN of York, THOMAS of Somerset, Representatives CELLI of Brewer, GILLWAY of Searsport, GRAHAM of North Yarmouth, HARVELL of Farmington.

FILED UNDER: Environmental | Passed | Legislative Session: 125

An Act To Prevent Credit Card Company Unfair Trade Practices

Last Update: April 29, 2011
Status: Defeated
Text: LD 1251

This bill prohibits electronic payment systems from imposing certain restrictions on merchants relating to the acceptance of credit cards, charge cards, debit cards or other stored value cards as payment for goods and services.

Sponsor: Senator ROSEN R of Hancock. Cosponsored by Senator RECTOR of Knox and Representative MALABY of Hancock.

FILED UNDER: General Business | Defeated | Legislative Session: 125

Resolve, Directing the DEP To Convene a Task Force To Develop Initiatives To Reduce Unnecessary Pack

Last Update: March 18, 2011
Status: Defeated
Text: LD 132

This resolve directs the Department of Environmental Protection to convene a task force to develop initiatives designed to reduce unnecessary packaging and to report to the Joint Standing Committee on Environment and Natural Resources by January 15, 2012.

Sponsor: Representative Davis of Sangerville

FILED UNDER: Environmental | Defeated | Legislative Session: 125

An Act To Apply the Sales Tax on Camper Trailers and Motor Homes Purchased for Rental in the Same Manner as on Automobiles Purchased for Rental

Last Update: February 03, 2012
Status: In committee
Text: LD 1809

This bill provides that camper trailers and motor homes are not subject to sales tax when purchased by a person engaged in the renting or leasing of those items and subjects the rental of those items to sales tax at the rate of 5%.

Sponsor: Representative VOLK of Scarborough. Cosponsored by Senator COURTNEY of York and Senators HASTINGS of Oxford, SHERMAN of Aroostook, WHITTEMORE of Somerset, Representatives BENNETT of Kennebunk, HARMON of Palermo, KNIGHT of Livermore Falls, WATERHOUSE of Bridgton.

FILED UNDER: Tax Related | In committee | Legislative Session: 125

An Act To Establish Flushability Standards for Consumer Products Advertised as Flushable

Last Update: February 01, 2012
Status: Defeated
Text: LD 781

This bill prohibits the packaging or labeling of consumer products for distribution or sale in the State if the package or label states that the product is flushable or safe for sewer and septic systems unless the product meets the acceptance criteria for flushability as published in the Guidance Document for Assessing the Flushability of Nonwoven Consumer Products, published by the Association of the Nonwoven Fabrics Industry in effect on January 1, 2011.

Sponsor: Representative WALSH INNES of Yarmouth. Cosponsored by Representative AYOTTE of Caswell and Representatives CHIPMAN of Portland, EVES of North Berwick, MARTIN J of Eagle Lake, THERIAULT of Madawaska, TILTON of Harrington, WILLETTE M of Presque Isle.

FILED UNDER: Environmental | Defeated | Legislative Session: 125

An Act To Lessen the Regulatory Burden on Medical Laboratories by Removing Outdated Requirements from the Maine Medical Laboratory Act

Last Update: January 27, 2012
Status: In committee
Text: LD 1624

This bill amends the Maine Medical Laboratory Act as follows:

1. It removes the requirement that an application for a medical laboratory license be notarized. Other licensing laws do not have this requirement;

2. It removes a provision that allows the technical personnel of a licensed medical laboratory to collect certain specimens. Eliminating this provision provides that no person other than a licensed physician or a person authorized by law is allowed to manipulate a person for the collection of specimens or process or submit or act as an agent for the transmittal of specimens; and

3. It removes the requirement that a licensed medical laboratory send a copy of an itemized statement of laboratory services to the patient. Current practice is to send the itemized statement to the insurance company, the laboratory’s client or the patient.

Sponsor: Senator MCCORMICK of Kennebec. Cosponsored by Representative STRANG BURGESS of Cumberland.

FILED UNDER: Pharmacy Related | In committee | Legislative Session: 125

An Act To Reduce Opioid Overprescription, Overuse and Abuse

Last Update: January 27, 2012
Status: Passed
Text: LD 1501

This bill establishes protocols for the health care provider community to follow in prescribing opioid drugs for chronic non-cancer pain. It includes provisions on physical examinations, health records, periodic review of patient health and consultations with and referrals to pain management specialists. It requires the Department of Health and Human Services to review and evaluate the efficacy of comprehensive pain management, including physical therapy and cognitive behavioral therapy, and report back to the Joint Standing Committee on Health and Human Services no later than December 7, 2011.

Sponsor: Representative HINCK of Portland. Cosponsored by Senator CRAVEN of Androscoggin and Representatives EVES of North Berwick, FOSSEL of Alna, HASKELL of Portland, LUCHINI of Ellsworth, MCFADDEN of Dennysville, PLUMMER of Windham, SANBORN of Gorham, STRANG BURGESS of Cumberland.

FILED UNDER: Pharmacy Related | Passed | Legislative Session: 125

An Act To Improve the Quality and Reduce the Cost of Health Care

Last Update: January 27, 2012
Status: In committee
Text: LD 1364

This bill directs the Department of Health and Human Services to coordinate the purchase of prescription drugs for MaineCare members through certain organizations eligible for prescription drug discounts under the federal Public Health Service Act, referred to as "340B covered entities," in order for the MaineCare program to negotiate the lowest possible prices and avoid retail markup beginning January 1, 2012. The bill provides a mechanism to calculate savings from establishing the 340B program and distribute the savings among 340B covered entities. The bill provides for routine technical rulemaking as required to implement the provisions of the bill.

Sponsor: Representative FITTS of Pittsfield. Cosponsored by President RAYE of Washington and Senators BRANNIGAN of Cumberland, PLOWMAN of Penobscot, Representatives CAIN of Orono, CUSHING of Hampden, FOSTER of Augusta, STRANG BURGESS of Cumberland, WINTLE of Garland

FILED UNDER: Health Care | In committee | Legislative Session: 125

An Act Regarding the Writing of Bad Checks

Last Update: January 20, 2012
Status: In committee
Text: LD 1088

This bill creates a rebuttable presumption of prima facie evidence that a drawer of a dishonored check knew it would be dishonored if the drawer does not pay the amount of the dishonored check and associated fees in full within 24 hours of receiving notice.

UPDATE: This bill has been carried over to 2012

Sponsor: Senator MARTIN T of Kennebec.

FILED UNDER: General Business | In committee | Legislative Session: 125

Resolve, Regarding Legislative Review of Portions of Chapter 375: No Adverse Environmental Effect Standard of the Site Location Law, a Major Substantive Rule of the Department of Environmental Protection (EMERGENCY)

Last Update: January 20, 2012
Status: In committee
Text: LD 1793

This resolve provides for legislative review of portions of Chapter 375: No Adverse Environmental Effect Standard of the Site Location Law, a major substantive rule of the Department of Environmental Protection.

FILED UNDER: Environmental | In committee | Legislative Session: 125

An Act To Create Efficiencies in the Administration and Enforcement of the Maine Uniform Building and Energy Code

Last Update: January 20, 2012
Status: In committee
Text: LD 1787

The purpose of this bill is to create efficiencies in the administration and enforcement of the Maine Uniform Building and Energy Code, primarily by abolishing the Department of Public Safety, Bureau of Building Codes and Standards and moving its authority and responsibilities to a new division created in the Office of the State Fire Marshal. This bill also corrects cross-references and inconsistencies in the threshold for municipal populations to which the provisions of the Maine Uniform Building and Energy Code apply.

Sponsor: Representative PRESCOTT of Topsham.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act To Repeal the Requirement That the Department of Labor Calculate the Livable Wage

Last Update: January 20, 2012
Status: In committee
Text: LD 1786

Current law requires the Department of Labor to biennially calculate the livable wage for households in the State's counties and municipalities by family size; the department is required to report this calculation to the Legislature.

This bill removes the requirement that the department calculate the livable wage as well as the reporting requirement.

Sponsor: Representative PRESCOTT of Topsham. Cosponsored by Senator RECTOR of Knox.

FILED UNDER: Wage and Labor Related | In committee | Legislative Session: 125

An Act Relating to the Governance of the Maine State Housing Authority

Last Update: January 20, 2012
Status: In committee
Text: LD 1778

This bill removes the provision of law that provides that the Director of the Maine State Housing Authority serves a 4-year term of office. The bill provides that the director does not have a term of office and that the director serves at the pleasure of the commissioners of the Maine State Housing Authority. It also removes the provision of law that states that the powers and duties of the Maine State Housing Authority, with certain exceptions, are vested solely in the Director of the Maine State Housing Authority.

Sponsor: Senator COURTNEY of York. Cosponsored by Speaker NUTTING of Oakland and Senators MARTIN T of Kennebec, PLOWMAN of Penobscot, President RAYE of Washington, RECTOR of Knox, Representatives MORISSETTE of Winslow, PRESCOTT of Topsham.

FILED UNDER: Miscellaneous | In committee | Legislative Session: 125

An Act To Correct an Inconsistency in the Employment Security Law

Last Update: January 20, 2012
Status: In committee
Text: LD 1777

This bill addresses an inconsistency in the treatment of unemployment benefits for persons receiving pensions. Under current law an individual who otherwise qualifies for unemployment benefits is completely denied benefits if the individual receives a pension that was contributed to solely by a base period employer. The complete denial of benefits is inconsistent with the treatment of individuals who contributed less than 50% to their pension, which results in only a partial reduction in benefits. This bill seeks to remedy this apparent inconsistency in the rare occurrences when the pension contributions were made solely by the base period employer by reducing unemployment benefits based on the amount of the pension.

Sponsor: Senator JACKSON of Aroostook. Cosponsored by Representative TUTTLE of Sanford and Senator RECTOR of Knox.

FILED UNDER: Wage and Labor Related | In committee | Legislative Session: 125

An Act To Eliminate the Deposit Requirements for Containers of Limited and Restricted Use Pesticides

Last Update: January 06, 2012
Status: In committee
Text: LD 1758

This bill repeals the deposit requirements for containers of limited and restricted use pesticides.

Sponsor: Senator SAVIELLO of Franklin.

FILED UNDER: Environmental | In committee | Legislative Session: 125

An Act To Create the Maine Board of Tax Appeals (EMERGENCY)

Last Update: January 06, 2012
Status: In committee
Text: LD 1750

This bill makes the following changes to the laws governing appeals of decisions of the State Tax Assessor.

It provides the means for a taxpayer to consider that a petition for reconsideration has been denied if a decision has not been issued by the Department of Administrative and Financial Services, Bureau of Revenue Services within 90 days of the receipt of the petition.

It provides for a reconsidered decision on a small claim request at the bureau level, which may be appealed directly to the Superior Court, and defines a small claim request. It provides that all other reconsidered decisions may be appealed de novo to either the Superior Court or the Maine Board of Tax Appeals.

It eliminates the Independent Appeals Office, as created in Public Law 2011, chapter 439, and instead creates the Maine Board of Tax Appeals, an independent, 3-member board appointed by the Governor. The members of the board serve 3-year terms. It provides for per diem compensation to the board members and outlines the powers and duties of the board, including adopting rules necessary to oversee formal appeals of decisions of the State Tax Assessor. It creates a special revenue account for appeals fees to be used for operating expenses of the board.

It amends the provision in current law allowing for a redacted copy of certain documents to be made public to comply with federal confidentiality statutes and to clarify that the dissemination of those documents is on a prospective basis only.

It eliminates the restriction on the disclosure of information by the State Tax Assessor to the taxpayer advocate, since this bill also maintains the taxpayer advocate as an employee of the Bureau of Revenue Services.

It allows the State Tax Assessor to disclose information to the Maine Board of Tax Appeals and allows the board to disclose that information, but limits the disclosure to information that is pertinent to an appeal or other action or proceeding before the board.

It provides for the transfer of funds from the Bureau of Revenue Services to the Maine Board of Tax Appeals, the elimination of positions within the bureau, the creation of new positions in the appeals office of the Maine Board of Tax Appeals and the transition of cases from the bureau to the board.

Sponsor: Representative KNIGHT of Livermore Falls.

FILED UNDER: Tax Related | In committee | Legislative Session: 125

An Act To Amend the Tax Laws

Last Update: January 06, 2012
Status: In committee
Text: LD 1749

This bill makes the following changes to the laws governing taxation.

It extends from 30 days to 60 days the period during which a person who has received a demand to file a delinquent tax return must either file the return or request an extension in order to avoid an enhanced penalty.

It provides that the weight limitation for a pickup truck or van included in the definition of "automobile" in the sales and use tax law applies to the gross vehicle weight rating of the vehicle.

It removes the requirement that persons who rent or lease temporary retail space must file monthly returns reporting those rentals and replaces it with a tax registration certificate and record-keeping requirement. Additionally, the characteristics of the registration certificates are clarified.

It provides that an amount claimed as an income modification for military survivor benefits may not include an amount representing employee retirement benefits for which an income modification is claimed.

It provides that any income recognized on a taxpayer's federal tax return from the new markets capital investment credit is subtracted from federal adjusted gross income for state income tax purposes.

It provides that certain refundable tax credits are included for purposes of calculating the taxpayer's alternative minimum tax credit.

It provides that certain refundable tax credits may be applied to reduce the taxpayer's alternative minimum tax liability.

Sponsor: Representative KNIGHT of Livermore Falls.

FILED UNDER: Tax Related | In committee | Legislative Session: 125

An Act To Make Supplemental Appropriations and Allocations for the Expenditures of State Government and To Change Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2012 and June 30, 2013 (EMERGENCY)

Last Update: January 06, 2012
Status: In committee
Text: LD 1746

The supplemental budget.

Sponsor: Senator ROSEN R of Hancock. Cosponsored by Representative FLOOD of Winthrop.

FILED UNDER: General Business | In committee | Legislative Session: 125

Resolve, Regarding Legislative Review of Portions of Chapter 270: Uniform Reporting System for Quality Data Sets, a Major Substantive Rule of the Maine Health Data Organization (EMERGENCY)

Last Update: January 06, 2012
Status: In committee
Text: LD 1743

This resolve provides for legislative review of portions of Chapter 270: Uniform Reporting System for Quality Data Sets, a major substantive rule of the Maine Health Data Organization.

Sponsor: No sponsor listed as of 1/6/12

FILED UNDER: Pharmacy Related | In committee | Legislative Session: 125

An Act To Require the Review of Proposed Tax Expenditures

Last Update: January 06, 2012
Status: In committee
Text: LD 1730

This bill creates a review process to be performed by the joint standing committee of the Legislature having jurisdiction over taxation matters prior to the enactment of legislation or approval of a legislative initiative that would result in a new tax expenditure or a change that prolongs or expands an existing tax expenditure. The bill requires that committee to consider the groups and numbers of taxpayers affected, the public policy objectives that provide justification for the proposed tax expenditure, fiscal impact projections related to the proposed tax expenditure, effects the proposed tax expenditure may have on the economy, unintended benefits or negative consequences of the proposed tax expenditure, similar tax expenditures in other states, standards of accountability or reporting requirements related to the proposed tax expenditure, methods for evaluating the proposed tax expenditure and mechanisms for recapturing the proposed tax expenditure if objectives are not fulfilled. The bill requires proposals for a new tax expenditure or a change that prolongs or expands an existing tax expenditure to include a repeal date and a review process for the tax expenditure. The bill requires the joint standing committee of the Legislature having jurisdiction over a proposal for a new tax expenditure or a change that prolongs or expands an existing tax expenditure to seek an advisory opinion from the joint standing committee of the Legislature having jurisdiction over taxation matters prior to enacting legislation or recommending a legislative initiative that would result in a new tax expenditure or a change that prolongs or expands an existing tax expenditure.

Sponsor: No sponsor listed as of 1/6/12

FILED UNDER: Tax Related | In committee | Legislative Session: 125

Resolve, Regarding Legislative Review of Portions of Chapter 41: Special Restrictions on Pesticide Use, a Major Substantive Rule of the Department of Agriculture, Food and Rural Resources, Board of Pesticides Control (EMERGENCY)

Last Update: January 06, 2012
Status: In committee
Text: LD 1734

This resolve provides for legislative review of portions of Chapter 41: Special Restrictions on Pesticide Use, a major substantive rule of the Department of Agriculture, Food and Rural Resources, Board of Pesticides Control.

Sponsor: No sponsors listed as of 1/6/12

FILED UNDER: Environmental | In committee | Legislative Session: 125

An Act To Clarify the Minimum Wage Law as It Relates to People with Disabilities

Last Update: January 06, 2012
Status: In committee
Text: LD 1729

This bill updates current law to parallel requirements relating to the federal minimum wage outlined in Section 14(c) of the federal Fair Labor Standards Act of 1938. The revision permits the issuance of a certificate to an employer for the hiring of one or more persons with disabilities at a rate commensurate with the ability of those persons to perform the duties required in comparison to the ability of a person who does not have a disability. It extends the length of time a certificate is valid from one year to 2 years. As in current law, a certificate may be renewed.

Sponsor: Representative VOLK of Scarborough. Cosponsored by Senator RECTOR of Knox.

FILED UNDER: Wage and Labor Related | In committee | Legislative Session: 125

An Act To Strengthen the Unemployment Insurance Laws and Reduce Unemployment Fraud

Last Update: January 06, 2012
Status: In committee
Text: LD 1725

This bill amends the employment security laws pertaining to specific benefit eligibility requirements, including work search, suitable work, misconduct, unemployment fraud disqualification and participation in the reemployment eligibility assessment services.

The bill provides that it is an individual's responsibility to seek work and report work search efforts to the Maine Unemployment Insurance Commission and that failure to do so without good cause results in the loss of benefits; that participation in the reemployment eligibility assessment services is mandatory and failure to comply without good cause results in the loss of benefits; and that unemployment fraud for amounts exceeding $1,000 are either Class C or Class B crimes depending on the benefit amount involved. This change is consistent with the current prosecution of these crimes as theft under the Maine Revised Statutes, Title 17-A.

The bill increases the earnings requirement for requalifying for benefits after disqualification for refusing suitable work from 8 times the individual's weekly benefit amount to 10 times; changes the requirement that the individual must broaden the individual's work search after 6 weeks of unemployment rather than 12 weeks; increases the earnings requirement to requalify for benefits after a misconduct disqualification from 4 times the individual's weekly benefit amount to 10 times; imposes an indefinite disqualification from receiving benefits upon a 3rd determination of unemployment fraud; and adds vacation pay to the types of remuneration for which unemployment benefits are offset.

Sponsor: Senator RECTOR of Knox. Cosponsored by Representative PRESCOTT of Topsham.

FILED UNDER: Wage and Labor Related | In committee | Legislative Session: 125

An Act To Amend the Assessment Process and Funding of the Maine Workers' Compensation Board

Last Update: December 23, 2011
Status: Defeated
Text: LD 1285

This bill amends the laws governing the Workers' Compensation Board as follows.

1. Under current law, the Workers' Compensation Board determines an assessment to be levied on insurers that write workers' compensation insurance in the State for deposit in a dedicated fund to support and maintain the Workers' Compensation Board. This bill instead directs that the Superintendent of Insurance determine the assessment and that the funds be credited to the General Fund.

2. It limits the assessments levied to $10,000,000 in any fiscal year.

3. It directs the Workers' Compensation Board to submit its proposed budget to the Commissioner of Administrative and Financial Services for inclusion in the General Fund appropriation bill provided for in the Maine Revised Statutes, Title 5, section 1581.

Sponsor: Representative PRESCOTT of Topsham. Cosponsored by Representative BURNS DC of Whiting and Representatives CUSHING of Hampden, DOW of Waldoboro, HAMPER of Oxford, WINTLE of Garland.

FILED UNDER: Wage and Labor Related | Defeated | Legislative Session: 125

An Act To Authorize Municipalities To Impose Service Charges on Tax-exempt Property Owned by Certain

Last Update: December 23, 2011
Status: Defeated
Text: LD 149

This bill authorizes municipalities to impose service charges on owners of certain real property that is currently exempt from property tax if those owners or other users of the property receive more than $150,000 in gross annual revenue.

Sponsor: Representative Celli of Brewer

FILED UNDER: Tax Related | Defeated | Legislative Session: 125

An Act Regarding Sales and Use Tax Audit Procedures and Enforcement

Last Update: December 23, 2011
Status: Defeated
Text: LD 176

This bill prohibits the retroactive assessment of sales and use tax when a taxpayer who should have collected or paid the tax does not have reason to know that sales or use tax applies to that type of transaction. The bill specifies situations in which a person has reason to know that a sales or use tax applies.

Sponsor: Senator Langley of Hancock

FILED UNDER: Tax Related | Defeated | Legislative Session: 125

An Act To Protect Private Enterprise from Tax-subsidized Competition by Imposing Requirements on Cer

Last Update: December 23, 2011
Status: Defeated
Text: LD 118

This bill requires that a state-supported postsecondary institution obtain the same licenses, certificates and registrations required of a private corporation or business that does not receive state financial assistance if the postsecondary institution competes with a private corporation or business that does not receive state financial assistance and obtain a seller's registration certificate.

Sponsor: Representative Harvell of Farmington

FILED UNDER: General Business | Defeated | Legislative Session: 125

An Act To Assist Seasonal Entertainment Facilities with Public Safety Requirements (EMERGENCY)

Last Update: December 23, 2011
Status: Passed
Text: LD 123

This bill prohibits the requirement of sprinkler systems in commercial places of assembly that open for no more than 50 days per calendar year. Commercial places of assembly include bars with live entertainment, dance halls, nightclubs, assembly halls with festival seating and restaurants.

Sponsor: Representative Davis of Sangerville

FILED UNDER: General Business | Passed | Legislative Session: 125

Resolve, Directing the Department of Health and Human Services To Amend Its Rules Governing Electron

Last Update: December 23, 2011
Status: Defeated
Text: LD 75

This bill requires the Department of Health and Human Services to amend its rules governing the electronic benefits transfer system to provide that a person may not receive cash back in connection with a transaction made with an electronic benefits transfer card that is drawing on the person's food supplement benefit account and to require that a photograph of the owner of an electronic benefits transfer card appear on that card.

Sponsor: Representative Wood of Sabattus

FILED UNDER: General Business | Defeated | Legislative Session: 125

An Act To Improve the Access of Beer and Wine Licensees to Agency Liquor Store Licenses

Last Update: December 23, 2011
Status: Defeated
Text: LD 103

This bill provides that the Department of Public Safety, bureau of liquor enforcement may not deny an agency liquor store license to an off-premise retail licensee who is licensed to sell malt liquor and wine solely because of proximity to an existing agency liquor store or the impact of the proposed license on existing agency liquor store licensees.

Sponsor: Senator Langley of Hancock

FILED UNDER: General Business | Defeated | Legislative Session: 125

An Act To Repeal the Maine Uniform Building and Energy Code

Last Update: December 23, 2011
Status: Defeated
Text: LD 43

This bill repeals the laws establishing the Maine Uniform Building and Energy Code and makes adjustments to certain other laws to make them consistent with law that existed prior to the enactment of Public Law 2007, chapter 699, which created the uniform code. This bill does not reenact the Maine Model Building Code or the energy efficiency building standards that were repealed by Public Law 2007, chapter 699 and replaced by the Maine Uniform Building and Energy Code.

Sponsor: Representative Harvell of Farmington

FILED UNDER: General Business | Defeated | Legislative Session: 125

An Act To Provide Sales Tax Exemption or Refund on Parts and Supplies Purchased To Operate Windjamme

Last Update: December 23, 2011
Status: Passed
Text: LD 59

This bill authorizes a sales tax refund or exemption certificate for purchases of parts and supplies used for the operation, repair or maintenance of a windjammer that is used to carry cargo or passengers for a fee.

Sponsor: Representative Mazurek of Rockland

FILED UNDER: Tax Related | Passed | Legislative Session: 125

An Act To Require Oral Disclosure of the Cost of Certain Public Telephone Calls

Last Update: December 23, 2011
Status: Defeated
Text: LD 48

This bill requires a person who owns, controls, operates or manages a public telephone to provide oral notice of the cost of a collect, operator-assisted or credit card call to the person making that telephone call before the call is placed.

Sponsor: Representative Flood of Winthrop

FILED UNDER: Miscellaneous | Defeated | Legislative Session: 125

An Act To Provide a Sales Tax Exemption for Bags Provided by Redemption Centers for Returnable Conta

Last Update: December 23, 2011
Status: Defeated
Text: LD 6

This bill exempts from sales tax plastic bags used by redemption centers to sort, store and transport returnable beverage containers.

Sponsor: Senator Trahan of Lincoln

FILED UNDER: Tax Related | Defeated | Legislative Session: 125

An Act To Improve the Maine Seed Capital Tax Credit

Last Update: December 23, 2011
Status: Passed
Text: LD 22

This bill changes the Maine Seed Capital Tax Credit Program for tax years beginning on or after January 1, 2012 by increasing the existing credit from 40% of an eligible investment to 60% and applying it uniformly across the State rather than basing it on unemployment rates.

Sponsor: Representative Valentino of Saco

FILED UNDER: Tax Related | Passed | Legislative Session: 125

An Act To Impose Liability on a Landlord for Damages Caused by a Tenant's Pet

Last Update: December 23, 2011
Status: Defeated
Text: LD 74

This bill provides that a tenant and that tenant's landlord are jointly and severally liable for damages caused to a 3rd party by that tenant's pet.

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Sponsor: Representative Wood of Sabattus

FILED UNDER: Miscellaneous | Defeated | Legislative Session: 125

An Act To Extend the School Year

Last Update: December 23, 2011
Status: Defeated
Text: LD 18

This bill extends the school year from 180 days to 185 days a year.

Sponsor: Representative Edgecomb of Caribou

FILED UNDER: General Business | Defeated | Legislative Session: 125

An Act To Extend Fair Trade Practice to Automobile Rentals Provided When Insured Automobiles Are Dam

Last Update: December 23, 2011
Status: Defeated
Text: LD 53

This bill establishes that insurers providing rental vehicle reimbursement coverage may not require an insured to use or not use a particular rental vehicle company or rental vehicle company location. It also establishes disclosure requirements when insurers process a claim or write motor vehicle insurance.

Sponsor: Representative Beaulieu of Auburn

FILED UNDER: Miscellaneous | Defeated | Legislative Session: 125

An Act To Exempt from the Sales Tax Meals Provided at Retirement Facilities

Last Update: December 23, 2011
Status: Defeated
Text: LD 21

This bill exempts from the sales tax meals provided to residents of full-service retirement facilities and applies the exemption retroactively to transactions for which an assessment was not made before April 1, 2009. The bill includes an effective date of October 1, 2011.

Sponsor: Representative McKane of Newcastle

FILED UNDER: Tax Related | Defeated | Legislative Session: 125

An Act To Dedicate a Percentage of the Sales and Use Tax on Motor Vehicles and Motor Vehicle Parts t

Last Update: December 23, 2011
Status: In committee
Text: LD 52

This bill provides that 20% of the sales or use tax on motor vehicles and motor vehicle parts must be transferred to the Highway Fund beginning in 2012.

Sponsor: Representative Cebra of Naples

FILED UNDER: Tax Related | In committee | Legislative Session: 125

An Act To Base the Excise Tax on Vehicles on a Percentage of the Manufacturer's Suggested Retail Pri

Last Update: December 23, 2011
Status: Defeated
Text: LD 79

Current law requires the excise tax paid on motor vehicles to be based on the manufacturer's suggested retail price, regardless of the amount actually paid for the motor vehicle.

This bill instead requires the excise tax to be based on 90% of the manufacturer's suggested retail price for the motor vehicle, regardless of the amount actually paid for the motor vehicle.

Sponsor: Representative Knight

FILED UNDER: Tax Related | Defeated | Legislative Session: 125

An Act To Authorize a General Fund Bond Issue To Repair the Mountain Division Rail Line

Last Update: December 23, 2011
Status: In committee
Text: LD 63

The funds provided by this bond issue, in the amount of $21,000,000, will be used to repair the Mountain Division rail line between Portland and Fryeburg.

Sponsor: Senator Diamond of Cumberland

FILED UNDER: Tax Related | In committee | Legislative Session: 125

Resolve, To Improve Access to Employment Opportunities for Persons with Intellectual Disabilities

Last Update: December 23, 2011
Status: Passed
Text: LD 28

This resolve directs the Department of Health and Human Services to amend the MaineCare Benefits Manual to remove the language that restricts the number of persons with intellectual disabilities and autistic disorders who may work at any given work site or location to 50% of a business's workforce at that work site or location.

Sponsor: Representative Flood of Winthrop

FILED UNDER: Wage and Labor Related | Passed | Legislative Session: 125

An Act Concerning Taxation of Automobile Manufacturers' Rebates

Last Update: December 23, 2011
Status: Defeated
Text: LD 7

This bill provides that sales tax is not applied to automobile manufacturers' rebates when those rebates are assigned by the purchaser to the retailer.

Sponsor: Senator Courtney of York

FILED UNDER: Tax Related | Defeated | Legislative Session: 125

An Act Related to Specialty Tiers in Prescription Medication Pricing

Last Update: December 23, 2011
Status: In committee
Text: LD 1691

This bill provides that a health plan covering prescription drugs may not require cost sharing, deductibles or coinsurance obligations for prescription drugs that exceed the dollar amount for non-preferred brand drugs or for brand drugs if there is no non-preferred brand drug category.

Sponsor: Representative FITTS of Pittsfield.

FILED UNDER: Pharmacy Related | In committee | Legislative Session: 125

An Act To Conform Maine's Prescription Drug Privacy Laws with the United States Constitution

Last Update: December 23, 2011
Status: In committee
Text: LD 1679

This bill repeals provisions of Maine's laws providing confidentiality for certain prescription drug information relating to prescribers to conform state law to the United States Supreme Court decision in Sorrell v. IMS Health Inc., 131 S. Ct. 2653 (2011), which held unconstitutional similar provisions in the laws of Vermont.

Sponsor: Senator MCCORMICK of Kennebec.

FILED UNDER: Pharmacy Related | In committee | Legislative Session: 125

An Act To Modernize Maine's Motor Vehicle Inspection Program

Last Update: December 23, 2011
Status: In committee
Text: LD 1677

This bill is a concept draft pursuant to Joint Rule 208.

This bill proposes to modernize the motor vehicle inspection program by adopting an electronic inspection program.

Sponsor: Senator MASON of Androscoggin.

FILED UNDER: Auto Service Related | In committee | Legislative Session: 125

Resolve, To Direct the Department of Economic and Community Development To Convene a Task Force To Bolster and Expand Exports of Maine Products and Services (EMERGENCY)

Last Update: December 23, 2011
Status: In committee
Text: LD 1665

This resolve directs the Department of Economic and Community Development to convene a task force to study ways to bolster and expand exports of Maine products and services and to submit a report to the 126th Legislature.

Sponsor: Senator HOBBINS of York.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act To Clarify the Site Location of Development Laws Regarding Exemptions for Previously Developed Sites

Last Update: December 23, 2011
Status: In committee
Text: LD 1648

Current law provides that developments that are in existence, authorized, licensed or under construction prior to specified dates are exempted from the laws governing site location of development. This bill specifies that any modification, change in use or addition to such a development or to a development on a military base similarly exempt does not affect the exemption.

Sponsor: Senator SAVIELLO of Franklin.

FILED UNDER: Environmental | In committee | Legislative Session: 125

An Act To Permit Financial Institutions To Share Certain Information for the Purpose of Preventing Electronic Bank Card Losses and Other Fraud

Last Update: December 23, 2011
Status: In committee
Text: LD 1637

Current law permits the sharing of financial records information under the exemptions in the federal Gramm-Leach-Bliley Act and its implementing regulations. Financial institutions can share information about individuals in order to protect against fraud, unauthorized transactions, claims and other liability. This bill allows financial institutions to share financial records information about business customers, other than individuals, for the same purposes.

Sponsor: Representative RICHARDSON W of Warren.

FILED UNDER: Uncategorized | In committee | Legislative Session: 125

An Act To Amend the Law Regarding the Sale of Wood Pellets (EMERGENCY)

Last Update: December 23, 2011
Status: In committee
Text: LD 1610

Currently, in order to qualify for a sales tax exemption on the purchase of wood pellets for residential use, customers purchasing more than 200 pounds of wood pellets for residential cooking or heating must sign an affidavit or a log. This bill increases the amount of wood pellets presumed to meet the requirement of residential use, and thus to qualify for the sales tax exemption, from 200 pounds to 2,000 pounds.

Sponsor: Representative MCKANE of Newcastle. Cosponsored by Senator THOMAS of Somerset and Senators SNOWE-MELLO of Androscoggin, THIBODEAU of Waldo, Representatives HARLOW of Portland, HARMON of Palermo.

FILED UNDER: Tax Related | In committee | Legislative Session: 125

Resolve, Directing the Department of Public Safety, Bureau of State Police To Review Motor Vehicle Inspection Rules

Last Update: December 23, 2011
Status: In committee
Text: LD 1604

This resolve directs the Department of Public Safety, Bureau of State Police to review its rules governing motor vehicle inspection requirements regarding tire size, to solicit input from interested parties and to develop recommendations designed to eliminate unnecessary restrictions while maintaining necessary safety requirements. The resolve requires the bureau to report to the joint standing committee of the Legislature having jurisdiction over transportation matters.

Sponsor: Representative MARTIN J of Eagle Lake. Cosponsored by Senator THOMAS of Somerset and Senators DIAMOND of Cumberland, KATZ of Kennebec, Representatives HOGAN of Old Orchard Beach, MAZUREK of Rockland, PEOPLES of Westbrook, THERIAULT of Madawaska.

FILED UNDER: Auto Service Related | In committee | Legislative Session: 125

An Act To Modify the Requirement of a Permit To Carry a Concealed Weapon

Last Update: December 23, 2011
Status: Defeated
Text: LD 658

This bill modifies the concealed weapons laws of the State in the following ways.

It limits the prohibition against a person's carrying a concealed weapon without a permit to apply only when the person is in or entering:

1. The grounds or buildings of a school;

2. A polling place on election day; or

3. A nuclear power plant or hydroelectric facility.

It limits the prohibition against a person's carrying a concealed weapon without a permit to apply only when the person is in or entering, under certain conditions:

1. A structure, vehicle or craft owned by the State or a political subdivision of the State;

2. A public event or a private event permitted or licensed by a public entity; or

3. An establishment licensed for the sale of spirits, wine or malt liquor to be consumed on the premises.

It changes the concealed weapons permit application fee for residents of the State from $35 to $10 and the renewal fee from $20 to $5 and the amount of those fees that are disbursed to the Chief of the State Police and the Treasurer of State.

It changes the requirement that a handgun safety course must be completed from having to be completed within 5 years of obtaining a concealed weapons permit to having to be completed any time before obtaining a concealed weapons permit.

It changes the term of a concealed weapons permit from 4 years to 7 years.

Sponsor: Representative CRAFTS of Lisbon. Cosponsored by Senator MASON of Androscoggin and Representatives AYOTTE of Caswell, BLACK of Wilton, CEBRA of Naples, CLARK H of Millinocket, DAVIS of Sangerville, FREDETTE of Newport, SARTY of Denmark, TIMBERLAKE of Turner.

FILED UNDER: General Business | Defeated | Legislative Session: 125

An Act To Amend the Law Relating to Concealed Firearms Locked in Vehicles (EMERGENCY)

Last Update: December 23, 2011
Status: In committee
Text: LD 1603

This bill provides that the State may not prohibit a state employee who has a valid permit to carry a concealed firearm from keeping a firearm in the employee's vehicle on state property as long as the vehicle is locked and the firearm is not visible.

Sponsor: Representative CRAFTS of Lisbon. Cosponsored by Senator MASON of Androscoggin and Representatives BURNS DC of Whiting, CRAY of Palmyra, DAVIS of Sangerville, TIMBERLAKE of Turner, TURNER of Burlington.

FILED UNDER: Miscellaneous | In committee | Legislative Session: 125

An Act To Remove the $100 Reporting Fee for Fertilizer and Agricultural Liming Materials Sold

Last Update: December 23, 2011
Status: In committee
Text: LD 1602

This bill removes the $100 fee for each brand and grade of fertilizer and each brand of agricultural liming material sold during a 12-month period.

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Sponsor: Representative LIBBY of Waterboro. Cosponsored by Senator SHERMAN of Aroostook and Senators MASON of Androscoggin, THIBODEAU of Waldo, Representatives BLACK of Wilton, CRAY of Palmyra, MAKER of Calais, MCCABE of Skowhegan, TIMBERLAKE of Turner, WILLETTE A of Mapleton.

FILED UNDER: Environmental | In committee | Legislative Session: 125

An Act To Criminalize Possession, Trafficking and Furnishing of So-called Bath Salts Containing Synthetic Hallucinogenic Drugs (EMERGENCY)

Last Update: October 13, 2011
Status: Passed
Text: LD 1589

This bill repeals the Maine Revised Statutes, Title 22, sections 2390 to 2394, as enacted in Public Law 2011, chapter 447, which made possession of certain synthetic hallucinogenic drugs, or so-called bath salts, a civil violation. This bill defines "synthetic hallucinogenic drug" and also increases the penalties related to those drugs as follows:

1. Unlawful possession is increased from a civil violation to a Class D crime for a first offense, with the possibility of probation;

2. Unlawful trafficking is increased from a Class E to a Class B crime;

3. Aggravated trafficking is increased from a Class C to a Class A crime;

4. Unlawful furnishing is increased from a Class E to a Class C crime; and

5. Aggravated furnishing is increased from a Class D to a Class B crime, except when there is serious bodily injury, in which case it is a Class C crime.

This bill also applies the asset forfeiture laws pertaining to scheduled drugs to property used in the manufacturing or delivering of synthetic hallucinogenic drugs and weapons, money and real property related to the crimes regarding synthetic hallucinogenic drugs.

Sponsor: Representative DAMON of Bangor. Cosponsored by Senator FARNHAM of Penobscot and Senators GERZOFSKY of Cumberland, MASON of Androscoggin, President RAYE of Washington, Representatives BERRY of Bowdoinham, CUSHING of Hampden, HASKELL of Portland, PLUMMER of Windham.

FILED UNDER: Miscellaneous | Passed | Legislative Session: 125

An Act To Restore Market-based Competition for Pharmacy Benefits Management Services

Last Update: September 08, 2011
Status: Passed
Text: LD 1116

The bill repeals the Maine Revised Statutes, Title 22, chapter 603, subchapter 4, which concerned prescription drug practices, and moved certain provisions from that subchapter regarding pharmacy benefits managers to Title 24-A.

UPDATE 7/6/11: This bill was signed by the Governor.

UPDATE 6/29/11: This bill was finally passed on the last day of the session.

UPDATE 6/16/11: The House and Senate have passed the bill and it may have to make a stop on the Appropriations Table before final enactment.

Sponsor: Representative STRANG BURGESS of Cumberland. Cosponsored by Senator SULLIVAN of York and Senators DIAMOND of Cumberland, KATZ of Kennebec, MCCORMICK of Kennebec, Representatives FOSSEL of Alna, MALABY of Hancock, Speaker NUTTING of Oakland, PRESCOTT of Topsham.

FILED UNDER: Pharmacy Related | Passed | Legislative Session: 125

An Act To Promote Fair and Efficient Resolutions in Tax Disputes

Last Update: July 08, 2011
Status: Passed
Text: LD 1371

This bill eliminates the current appellate division within the Department of Administrative and Financial Services, Bureau of Revenue Services and replaces it with the Independent Appeals Office. The bill changes provisions relating to the position of taxpayer advocate in the bureau. The funds used to support existing positions that are eliminated are transferred to support the newly created positions.

The bill amends the procedure for administrative appeals resulting from assessments and other determinations of the State Tax Assessor by:

1. Providing a 90day period within which the division that issued the determination and the taxpayer may attempt to settle disputed issues before a reconsideration conference is scheduled. Currently, after receipt of an assessment, the taxpayer has 30 days in which to seek reconsideration, after which the taxpayer may have little or no opportunity to discuss the issue with the auditors for purposes of settling issues. This 90day period is intended to allow the taxpayer and auditors to obtain a better understanding of their respective positions and to informally share information for purposes of attempting to settle issues before incurring substantial costs of developing a case for administrative or judicial review; and

2. Establishing a process for the Independent Appeals Office to hear and decide reconsideration requests, which are currently decided by the appellate division of the Bureau of Revenue Services but are subject to review and input by the State Tax Assessor, and by other members of the Bureau of Revenue Services, including the division of the Bureau of Revenue Services that issued the assessment. Pursuant to this bill, appeals officers are not permitted ex parte communications with other employees of the Bureau of Revenue Services or the petitioner. Any additional costs of the Independent Appeals Office may be funded by the $100 fee paid by the petitioner for appeals conferences.

The taxpayer advocate established in the bill is modeled after the Taxpayer Advocate Service offered by the Federal Government to assist taxpayers in relation to the federal Internal Revenue Service. The taxpayer advocate assists taxpayers in relation to the Bureau of Revenue Services, identifies issues and suggests solutions to the Bureau of Revenue Services and reports on the taxpayer advocate's activities to the joint standing committee of the Legislature having jurisdiction over taxation matters in order to provide information to assist the Legislature in determining whether additional legislation is needed to improve the operations of the Bureau of Revenue Services.

The bill also provides that when the State Tax Assessor has failed to comply with the taxpayer's requests that a representative with a valid power of attorney authorized to receive communications addressed to the taxpayer be notified of a determination, then the taxpayer is considered to have not received notice of a determination until such time as the representative receives notice.

The bill also preserves the confidentiality of taxpayer information by allowing taxpayers and others, upon specific request, to obtain copies of reconsideration decisions with identifying information eliminated. The costs of eliminating identifying information must be paid by the person making the request. The State Tax Assessor is also permitted to provide the Taxpayer Advocate access to information necessary to assist taxpayers.

The bill provides transition provisions and an effective date of July 1, 2012.

Sponsor: Representative KNIGHT of Livermore Falls. Cosponsored by Senator TRAHAN of Lincoln and Representatives BERRY of Bowdoinham, BURNS DC of Whiting, CHASE of Wells, CLARK T of Easton, FLEMINGS of Bar Harbor, HARMON of Palermo, KESCHL of Belgrade, WATERHOUSE of Bridgton.

FILED UNDER: Tax Related | Passed | Legislative Session: 125

An Act To Enforce Wage Laws

Last Update: July 07, 2011
Status: Defeated
Text: LD 1450

This bill defines "employee," "employer" and "independent contractor" for the purposes of the wages and medium of payment provisions of the labor laws in order to prevent misclassification of employees and their exclusion from wage law protection. It strengthens notification and reporting requirements. The bill includes shareholders' liability to protect employees who are hired by corporations that use bankruptcy law to evade payment. It makes each violation of the wage and medium of payment provisions that occurs during a separate week, including discriminatory or retaliatory practices, a separate violation. The bill also prohibits employer retaliation against employees or others who bring complaints under the law.

Sponsor: Representative RUSSELL of Portland. Cosponsored by Representative BERRY of Bowdoinham and Representatives GILBERT of Jay, GOODE of Bangor, WALSH INNES of Yarmouth.

FILED UNDER: Wage and Labor Related | Defeated | Legislative Session: 125

An Act To Bring Wage Equity to the Workplace

Last Update: July 07, 2011
Status: Defeated
Text: LD 698

This bill prohibits the payment of wages to the highest paid employee that are 10 times higher than the wages paid to the lowest paid employee at the same workplace if the employer has 50 or more employees and the employer receives a state tax credit, state tax break or state funds or is a contractor for public works construction.

Sponsor: Representative GOODE of Bangor. Cosponsored by Senator CRAVEN of Androscoggin and Senator PATRICK of Oxford, Representatives BOLDUC of Auburn, BRYANT of Windham, KUMIEGA of Deer Isle, MORRISON of South Portland, O'BRIEN of Lincolnville, RUSSELL of Portland, STUCKEY of Portland.

FILED UNDER: Wage and Labor Related | Defeated | Legislative Session: 125

An Act To Make Voluntary Membership in a Public Employee Labor Organization in the State

Last Update: July 07, 2011
Status: In committee
Text: LD 309

This bill amends the State's labor laws to ensure that each public sector union represents only those public employees who voluntarily are members of that union.

Sponsor: Representative Winsor of Norway

FILED UNDER: Wage and Labor Related | In committee | Legislative Session: 125

An Act To Clarify the Workers' Compensation Insurance Notification Process for Public Construction Projects

Last Update: July 07, 2011
Status: Passed
Text: LD 1515

This bill clarifies and simplifies the reporting requirement for general contractors for public construction projects by moving the requirement from the various state agencies to a central reporting site at the Workers' Compensation Board. It moves the requirement from the Maine Revised Statutes, Title 26 to Title 39-A and complements the current reporting requirement to the Workers' Compensation Board.

Sponsor: Senator RECTOR of Knox.

FILED UNDER: Wage and Labor Related | Passed | Legislative Session: 125

An Act To Protect the Safety of Maine Children by Requiring the Express Consent of a Legal Guardian

Last Update: July 07, 2011
Status: Defeated
Text: LD 31

This bill prohibits dispensing prescription drugs to a minor without express consent from the minor's parent or legal guardian unless the minor is living independently of parental or guardian support, is or was married, is or was serving in the Armed Forces of the United States or has been legally emancipated.

Sponsor: Representative Cebra of Naples

FILED UNDER: Pharmacy Related | Defeated | Legislative Session: 125

An Act To Require Drug Testing for Medicaid Recipients with Prescriptions for Scheduled Drugs

Last Update: July 07, 2011
Status: Defeated
Text: LD 150

This bill requires the Department of Health and Human Services to develop a program that requires Medicaid recipients with prescriptions for scheduled drugs to be tested periodically to ensure that they are taking the prescribed scheduled drugs.

Sponsor: Representative Cebra

FILED UNDER: Pharmacy Related | Defeated | Legislative Session: 125

An Act Regarding Prescription Drug Step Therapy and Prior Authorization

Last Update: July 07, 2011
Status: Defeated
Text: LD 517

This bill limits the ability of a health coverage carrier to require prescription drug formulary alternatives and prior authorization in certain circumstances beginning January 1, 2012.

Sponsor: Senator SAVIELLO of Franklin.

FILED UNDER: Pharmacy Related | Defeated | Legislative Session: 125

An Act To Clarify the Responsibilities of Pharmacy Benefits Managers and Preferred Provider Organizations

Last Update: July 07, 2011
Status: Defeated
Text: LD 660

This bill provides that requirements governing the relationships between pharmacy providers and insurance carriers also apply to pharmacy benefits managers and preferred provider organizations that administer pharmacy services.

Sponsor: Representative PICCHIOTTI of Fairfield. Cosponsored by Senator MARTIN T of Kennebec and Senator SNOWE-MELLO of Androscoggin, Representatives CURTIS of Madison, FITZPATRICK of Houlton, KNIGHT of Livermore Falls, MCKANE of Newcastle, MORISSETTE of Winslow, RICHARDSON W of Warren, SANDERSON of Chelsea.

FILED UNDER: Pharmacy Related | Defeated | Legislative Session: 125

An Act To Expand Access to Clinical Trials

Last Update: July 07, 2011
Status: Defeated
Text: LD 712

This bill amends the Maine Insurance Code to include those with medical conditions for whom an approved clinical trial is available. It requires health insurance coverage of clinical trials by pharmaceutical manufacturers. It also clarifies that the law covers all phases of clinical trials, including translational trials as well as Phase I, Phase II and Phase III trials.

Sponsor: Representative STRANG BURGESS of Cumberland. Cosponsored by Senator SAVIELLO of Franklin and Senator SULLIVAN of York, Representatives BEAUDOIN of Biddeford, BEAULIEU of Auburn, DILL C of Cape Elizabeth, FOSSEL of Alna, PETERSON of Rumford, RICHARDSON W of Warren, SANBORN of Gorham.

FILED UNDER: Pharmacy Related | Defeated | Legislative Session: 125

An Act To Further Restrict the Availability of Methamphetamine and Amphetamine Pills

Last Update: July 07, 2011
Status: Passed
Text: LD 773

This bill makes trafficking in a quantity of 300 or more pills, capsules, tablets or units containing methamphetamine or amphetamine an aggravated offense.

Sponsor: Representative WILLETTE A of Mapleton. Cosponsored by Senator MASON of Androscoggin and Senator JACKSON of Aroostook, Representatives CLARK T of Easton, THERIAULT of Madawaska, WILLETTE M of Presque Isle.

FILED UNDER: Pharmacy Related | Passed | Legislative Session: 125

An Act Regarding the Use of Methadone by Operators of Commercial Motor Vehicles

Last Update: July 07, 2011
Status: Passed
Text: LD 966

This bill prohibits the operation of a commercial motor vehicle by a person who has methadone or its metabolite in that person’s body and makes a violation of the prohibition a Class E crime.

Sponsor: Representative GRAHAM of North Yarmouth. Cosponsored by Senator DIAMOND of Cumberland and Senator THOMAS of Somerset, Representatives BRYANT of Windham, CLARKE of Bath, HASKELL of Portland, KUMIEGA of Deer Isle, PLUMMER of Windham, PRIEST of Brunswick.

FILED UNDER: Pharmacy Related | Passed | Legislative Session: 125

An Act To Amend the Laws Governing Prescription Monitoring Information

Last Update: July 07, 2011
Status: Passed
Text: LD 1429

This bill allows the Department of Health and Human Services, Office of Substance Abuse to share prescription monitoring information with another state if the state has provisions consistent with prescription monitoring information provisions in Maine law and the office enters into a prescription monitoring information sharing agreement with the other state.

Sponsor: Representative MARTIN J of Eagle Lake. Cosponsored by Speaker NUTTING of Oakland.

FILED UNDER: Pharmacy Related | Passed | Legislative Session: 125

An Act To Adopt the Interstate Prescription Monitoring Program Compact

Last Update: July 07, 2011
Status: Passed
Text: LD 1435

This bill enacts the interstate prescription monitoring program compact. The compact is designed to provide a mechanism for state prescription monitoring programs to securely share prescription data to improve public health and safety.

Sponsor: Representative MARTIN J of Eagle Lake. Cosponsored by Speaker NUTTING of Oakland.

FILED UNDER: Pharmacy Related | Passed | Legislative Session: 125

An Act To Improve Timely Access to Health Care Data (EMERGENCY)

Last Update: July 07, 2011
Status: Passed
Text: LD 1467

This bill requires the Maine Health Data Processing Center to update its all-payor and all-setting health care database system. The bill also requires that an independent manager of the database be established. The bill also requires that standards for reporting from the database be updated with input from stakeholders and that assessments to payors and providers submitting data be reduced accordingly. It also requires that user licenses be established. The bill establishes the Health Information Database Advisory Group to advise the Maine Health Data Processing Center and the Maine Health Data Organization.

Sponsor: Representative CAIN of Orono. Cosponsored by Senator CRAVEN of Androscoggin and Senator ROSEN R of Hancock, Representatives EVES of North Berwick, PETERSON of Rumford, STRANG BURGESS of Cumberland, STUCKEY of Portland.

FILED UNDER: Pharmacy Related | Passed | Legislative Session: 125

An Act To Ensure Accountability in State Contracts

Last Update: July 07, 2011
Status: Defeated
Text: LD 1492

This bill requires any request for proposal or solicitation of a bid by the State for a contract for the provision of property, products or services by the state budget to include certain defining information and requires the information to be posted on the publicly accessible portion of the Department of Administrative and Financial Services website.

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Sponsor: Senator ALFOND of Cumberland. Cosponsored by Representative FLEMINGS of Bar Harbor and Senators BARTLETT of Cumberland, GERZOFSKY of Cumberland, JACKSON of Aroostook, Representative TREAT of Hallowell.

FILED UNDER: Miscellaneous | Defeated | Legislative Session: 125

An Act To Prohibit Enforcement of the Federal Patient Protection and Affordable Care Act

Last Update: July 07, 2011
Status: Defeated
Text: LD 58

This bill expresses the findings of the Legislature that the federal Patient Protection and Affordable Care Act, signed into law by President Barack Obama on March 23, 2010, is in violation of the United States Constitution, Amendment X and, as such, is considered null and void in Maine. This bill prohibits a federal or state official, agent or employee from enforcing the Patient Protection and Affordable Care Act, or any other statute, law, rule, regulation or order made in connection with that Act. Violation by a federal official is a Class C crime, punishable by up to 5 years in prison and a fine of up to $5,000. Violation by a state official is a Class D crime, punishable by less than one year in jail and a fine of up to $2,000. The bill also allows a civil cause of action.

Sponsor: Representative Cebra of Naples

FILED UNDER: Health Care | Defeated | Legislative Session: 125

An Act To Ensure Patient Privacy and Control with Regard to Health Information Exchanges

Last Update: July 07, 2011
Status: Passed
Text: LD 1337

This bill provides for the control and use of patient information available through a health information exchange. The bill requires a health information exchange to obtain the consent of a patient prior to collecting, storing or disclosing that patient's health care information and prohibits a health care practitioner from accessing that information without prior authorization, which may be waived by the patient in an emergency. The bill requires certain information about a health information exchange to be provided to a patient, including how to access the patient's records and other information regarding those records either electronically or through other means; a health information exchange is prohibited from charging the patient a fee for accessing those records. The bill establishes a protocol for notification if a breach of the health information exchange system occurs and patient information is illegally accessed. A patient may not be denied health care treatment, insurance coverage or insurance payment or reimbursement based on the failure of the patient or the health care practitioner to participate in a health information exchange system. Evidence of participation or nonparticipation in a health information exchange system may not be used as evidence in a professional negligence action against a health care practitioner. The bill exempts from the freedom of access laws information regarding a patient retained by a health information exchange.

Sponsor: Senator KATZ of Kennebec. Cosponsored by Representative FITTS of Pittsfield and Senators BARTLETT of Cumberland, HILL of York, SCHNEIDER of Penobscot, TRAHAN of Lincoln, Representatives CAREY of Lewiston, CEBRA of Naples, GRAHAM of North Yarmouth, HARVELL of Farmington.

FILED UNDER: Health Care | Passed | Legislative Session: 125

An Act To Modify Rating Practices for Individual and Small Group Health Plans and To Encourage Value-based Purchasing of Health Care Services

Last Update: July 07, 2011
Status: Passed
Text: LD 1333

This bill gradually modifies the community rating provisions for individual and small group health plans. It expands in 3 increments the rating bands from the current ratio of 1.5:1 to 3:1 by January 1, 2014.

The bill allows financial incentives except for emergency care services. It maintains the requirement that plans must provide reasonable access to services for all members. It allows plans to provide financial incentives to members to reward providers for quality and efficiency. A carrier must submit annual data to the Superintendent of Insurance showing the impact of such financial incentives on premiums paid by enrollees, payments made to providers, quality of care received and access to health care services by individuals enrolled in health plans.

Sponsor: Representative RICHARDSON W of Warren. Cosponsored by Senator WHITTEMORE of Somerset and Representatives BLACK of Wilton, DOW of Waldoboro, FITZPATRICK of Houlton, MCKANE of Newcastle, PICCHIOTTI of Fairfield.

FILED UNDER: Health Care | Passed | Legislative Session: 125

An Act To Encourage the Promotion of Outdoor Recreational Activities

Last Update: July 07, 2011
Status: Defeated
Text: LD 1050

This bill provides that 25% of the Tourism Marketing Promotion Fund within the Department of Economic and Community Development, Office of Tourism must be used for the promotion of noncommercial, outdoor natural resources based activities. It requires that 85% of the 25% go to promote outdoor activities under the jurisdiction of the Department of Inland Fisheries and Wildlife and that the remaining 15% go to promote outdoor non-consumptive activities such as cross-country skiing, kayaking, hiking and wildlife watching.

Sponsor: Representative DAVIS of Sangerville. Cosponsored by Senator MASON of Androscoggin and Representatives BLACK of Wilton, BURNS DC of Whiting, BURNS DR of Alfred, CRAFTS of Lisbon, FREDETTE of Newport, HARMON of Palermo, SARTY of Denmark, TIMBERLAKE of Turner, WOOD of Sabattus.

FILED UNDER: General Business | Defeated | Legislative Session: 125

An Act To Regulate the Distribution of Feature Motion Pictures in the State

Last Update: July 07, 2011
Status: Defeated
Text: LD 1026

This bill establishes fair business practices for the licensing and distribution of feature motion pictures in the State to ensure timely public access to artistic expression and opinion in feature motion pictures at reasonable prices and in reasonable locations, to regulate unfair practices and to promote competition in the licensing and distribution of feature motion pictures.

This bill provides requirements for motion picture exhibitors and distributors that are intended to allow independently owned movie theaters to compete with larger theaters and circuits in the State. It is intended to promote the expansion and new construction of motion picture theaters throughout the State, thereby encouraging employment and economic development.

Sponsor: Senator FARNHAM of Penobscot. Cosponsored by Representative DAMON of Bangor and Representatives HINCK of Portland, WILLETTE A of Mapleton.

FILED UNDER: Digital Media Production | Defeated | Legislative Session: 125

An Act To Raise the Required Minimum Limits for Motor Vehicle Insurance

Last Update: July 07, 2011
Status: Defeated
Text: LD 125

This bill raises the required minimum limits for motor vehicle insurance.

Sponsor: Representative Cotta of China

FILED UNDER: Auto Service Related | Defeated | Legislative Session: 125

An Act To Regulate the Use of Magnesium Chloride

Last Update: July 07, 2011
Status: Defeated
Text: LD 144

This bill is a concept draft pursuant to Joint Rule 208.

This bill proposes to determine the effects of the use of magnesium chloride on public fleets, private vehicles, vegetation, water supplies, corrosion of utility and electric lines and safety.

Sponsor: Representative O'Connor of Berwick

FILED UNDER: Auto Service Related | Defeated | Legislative Session: 125

An Act To Move Propane Safety Oversight to the Maine Fuel Board

Last Update: July 07, 2011
Status: Defeated
Text: LD 328

This bill removes jurisdiction over propane gas systems from the Public Utilities Commission and gives to the Maine Fuel Board jurisdiction over the safety of propane gas systems that serve:

1. Ten or more customers;

2. More than one customer if any portion of the central tank system or petroleum gas system is located in a public place; or

3. One customer if a portion of the central tank system or petroleum gas system is located off the customer's premises in a public place.

Sponsor: Representative Fitts of Pittsfield

FILED UNDER: Miscellaneous | Defeated | Legislative Session: 125

An Act To Require That Motor Vehicles Be Clear of Solid Precipitation When Operated on Public Ways

Last Update: July 07, 2011
Status: Defeated
Text: LD 283

This bill requires that a person operating a motor vehicle at 40 miles per hour or more on a public way clear the motor vehicle of solid precipitation. Failure to clear a motor vehicle is a traffic infraction subject to a $250 fine for a first offense and $500 for a 2nd or subsequent offense.

Sponsor: Representative Knapp of Gorham

FILED UNDER: Auto Service Related | Defeated | Legislative Session: 125

An Act To Repeal Motor Vehicle Inspection Requirements

Last Update: July 07, 2011
Status: Defeated
Text: LD 357

This bill repeals statutory provisions that require motor vehicles registered in the State to have an annual motor vehicle inspection.

Sponsor: Representative DAMON of Bangor. Cosponsored by Senator THOMAS of Somerset and Representatives BLACK of Wilton, CELLI of Brewer, JOHNSON D of Eddington, JOHNSON P of Greenville, PARKER of Veazie, RICHARDSON W of Warren, WINTLE of Garland, WOOD of Sabattus.

FILED UNDER: Auto Service Related | Defeated | Legislative Session: 124

An Act To Modify Vehicle Inspection Fees

Last Update: July 07, 2011
Status: Defeated
Text: LD 370

This bill increases the maximum amount charged for vehicle inspections by $4 and increases the maximum fees for enhanced inspections that are applicable to Cumberland County by $3.

Sponsor: Representative MOULTON of York

FILED UNDER: Auto Service Related | Defeated | Legislative Session: 125

An Act To Eliminate the Annual Indexing of Fuel Tax Rates (EMERGENCY)

Last Update: July 07, 2011
Status: Defeated
Text: LD 383

This bill repeals the annual indexing of motor fuel tax rates and deletes cross-references.

Sponsor: Representative CEBRA of Naples. Cosponsored by Senator THOMAS of Somerset and Senator COLLINS of York.

FILED UNDER: Auto Service Related | Defeated | Legislative Session: 125

An Act To Provide a Sales Tax Trade-in Credit for Core Parts

Last Update: July 07, 2011
Status: Defeated
Text: LD 415

This bill provides a sales tax trade-in credit for core parts. Core parts are those components that when replaced or rebuilt are used again.

Sponsor: Senator THOMAS of Somerset. Cosponsored by Representative GIFFORD of Lincoln and Representatives CEBRA of Naples, CRAFTS of Lisbon, HARVELL of Farmington, PARRY of Arundel.

FILED UNDER: Auto Service Related | Defeated | Legislative Session: 125

An Act To Reduce Motor Vehicle Inspection Costs

Last Update: July 07, 2011
Status: Passed
Text: LD 437

This bill changes the annual inspection requirement for motor vehicles, except for commercial vehicles, trailers and semitrailers, to a biennial inspection requirement unless the motor vehicle is over 6 years old. This bill also changes the annual enhanced inspection requirement for vehicles registered in Cumberland County in a similar manner. It exempts motor vehicles with an attached dealer plate from inspection.

Sponsor: Senator THOMAS of Somerset. Cosponsored by Representative WILLETTE A of Mapleton and Senators COLLINS of York, KATZ of Kennebec, MASON of Androscoggin, PATRICK of Oxford, SHERMAN of Aroostook, WOODBURY of Cumberland.

FILED UNDER: Auto Service Related | Passed | Legislative Session: 125

An Act To Bring Maine's Minimum Financial Responsibility Laws Pertaining to Rental Vehicles into Conformity with Privately Owned Vehicles

Last Update: July 07, 2011
Status: Passed
Text: LD 527

This bill changes the minimum amount of insurance required for a rental vehicle from $350,000 to the same as required for privately owned vehicles.

Sponsor: Representative RICHARDSON W of Warren. Cosponsored by Senator WHITTEMORE of Somerset.

FILED UNDER: Auto Service Related | Passed | Legislative Session: 125

An Act To Clarify the Procedure by Which a Salvage Company May Apply for a Motor Vehicle Title

Last Update: July 07, 2011
Status: Defeated
Text: LD 610

This bill allows a salvage company or similar entity that is in possession of an unclaimed vehicle after release by an insurance company, financial institution or dealer and notice to the owner to obtain title to that vehicle.

Sponsor: Senator COURTNEY of York. Cosponsored by Representative CEBRA of Naples and Senators COLLINS of York, THOMAS of Somerset, Representatives LIBBY of Waterboro, PARRY of Arundel, ROSEN K of Bucksport.

FILED UNDER: Auto Service Related | Defeated | Legislative Session: 125

An Act To Reduce Fines for Certain Trucking Violations (EMERGENCY)

Last Update: July 07, 2011
Status: Passed
Text: LD 722

This bill changes the fine, from the current minimum fine of $250 to a new maximum fine of $250 for the first offense, $500 for a 2nd offense and $1,000 for a 3rd or subsequent offense, for a violation of the federal regulations requiring drivers of commercial motor vehicles to limit driving time for property-carrying vehicles and to complete and keep a record of duty status for each 24hour driving period.

Sponsor: Senator THOMAS of Somerset. Cosponsored by Representative MARTIN J of Eagle Lake and Senators COLLINS of York, JACKSON of Aroostook, Representatives CEBRA of Naples, CLARK H of Millinocket.

FILED UNDER: Auto Service Related | Passed | Legislative Session: 125

An Act To Allow a Front-wheel-drive Vehicle To Be Equipped with Studded Tires on the Front Only

Last Update: July 07, 2011
Status: Defeated
Text: LD 734

This bill allows a person to operate a front-wheel-drive vehicle with studded tires on the front only and directs the Department of Public Safety to amend its rules to implement the provision.

Sponsor: Senator WHITTEMORE of Somerset. Cosponsored by Senator COLLINS of York and Senators MARTIN T of Kennebec, MASON of Androscoggin, SHERMAN of Aroostook, THIBODEAU of Penobscot, THOMAS of Somerset.

FILED UNDER: Auto Service Related | Defeated | Legislative Session: 125

Resolve, To Study Motor Fuel and Fuel Additives and To Explore Alternatives to Ethanol Motor Fuel

Last Update: July 07, 2011
Status: Defeated
Text: LD 839

This resolve requires the Commissioner of Environmental Protection to convene a stakeholder group to conduct a study regarding motor fuel and fuel additives, including but not limited to acetaldehyde in ethanol motor fuel. The stakeholder group is directed to study the State's compliance with the federal Clean Air Act Amendments of 1990 with respect to emissions of acetaldehyde produced by the combustion of ethanol gasoline, and conduct a comprehensive review of the statewide costs associated with the acetaldehyde in ethanol motor fuel, including the corrosive effects of acetaldehyde on small engines, the effects of acetaldehyde on marine resources in the State and the negative impact such effects have on business in the State. The comissioner shall report the stakeholder group's findings to the Joint Standing Committee on Environment and Natural Resources by December 1, 2011. The committee may report out a bill to the Second Regular Session of the 125th Legislature.

Sponsor: Representative O'CONNOR of Berwick. Cosponsored by Senator THOMAS of Somerset and Representatives DUNPHY of Embden, GIFFORD of Lincoln, HARVELL of Farmington, LIBBY of Waterboro, MACDONALD of Boothbay, MALABY of Hancock, MCCLELLAN of Raymond, PARRY of Arundel, STEVENS of Bangor.

FILED UNDER: Auto Service Related | Defeated | Legislative Session: 125

An Act To Ensure Payment to Tow Truck Operators for Towing from Accidents

Last Update: July 07, 2011
Status: Defeated
Text: LD 960

This bill requires a liability insurance policy under the motor vehicle financial responsibility laws to cover charges for towing a motor vehicle from the accident scene when towing is authorized or requested by a law enforcement officer or emergency medical services provider who is present at the accident scene.

Sponsor: Representative O'BRIEN of Lincolnville. Cosponsored by Senator RECTOR of Knox and Representatives CRAY of Palmyra, DILL J of Old Town, KENT of Woolwich, MCCABE of Skowhegan, PEOPLES of Westbrook, TIMBERLAKE of Turner.

FILED UNDER: Auto Service Related | Defeated | Legislative Session: 125

An Act To Amend the Motor Vehicle Laws

Last Update: July 07, 2011
Status: Passed
Text: LD 1123

This bill makes it a Class E crime if, at a time when a person's inspection mechanic license is suspended or revoked pursuant to the Maine Revised Statutes, Title 29A, section 1763, the person performs a state or federally approved motor vehicle inspection in order for a certificate of inspection or report to be issued by a 3rd party or issues a state or federally approved certificate of inspection or a report. The bill permits Department of Labor motor vehicles operated by workplace safety inspectors to be equipped with auxiliary lights that emit an amber light.

Sponsor: Representative CEBRA of Naples. Cosponsored by Senator COLLINS of York and Senator DIAMOND of Cumberland, Representatives HOGAN of Old Orchard Beach, MAZUREK of Rockland, PARRY of Arundel, PEOPLES of Westbrook, RIOUX of Winterport.

FILED UNDER: Auto Service Related | Passed | Legislative Session: 125

An Act To Equalize the Premiums Imposed on the Sale of Motor Vehicle Oil

Last Update: July 07, 2011
Status: Defeated
Text: LD 1202

Under current law, motor vehicle oil, when sold in containers of more than 5 gallons, is subject to a premium of $1.10 per gallon. Prepackaged motor oil and diesel engine motor oil are subject to a premium of 35¢ per gallon.

This bill equalizes the premiums for all motor vehicle oils at 35¢ per gallon, effective October 1, 2011.

Sponsor: Representative HARVELL of Farmington.

FILED UNDER: Auto Service Related | Defeated | Legislative Session: 125

An Act To Amend the Motor Vehicle Laws

Last Update: July 07, 2011
Status: Passed
Text: LD 1313

This bill makes several changes to the motor vehicle laws. The bill:

1. Adds the Secretary of State, Bureau of Motor Vehicles detectives to the list of law enforcement personnel not required to disclose investigative information;

2. Clarifies the definition of "special mobile equipment";

3. Clarifies that a motor vehicle drawing a camp trailer is not registered for the gross weight;

4. Removes obsolete language relative to registering interstate buses;

5. Clarifies that tow dollies are not required to be registered;

6. Consolidates special equipment registration with trailer registration;

7. Increases the number of special veteran motorcycle registrations a qualified registrant may have from one to 3;

8. Clarifies that certain honorific veterans' plates are issued for no fee and for a gross weight up to 10,000 pounds;

9. Clarifies the requirement for a motor carrier of passengers receiving subsidies to file its vehicle equipment list with the Department of Transportation rather than the Secretary of State, Bureau of Motor Vehicles;

10. Adds "antique motorcycle" to the list of vehicles eligible for warranty titles;

11. Makes failure of a dealer to deliver a title to the Secretary of State, Bureau of Motor Vehicles a traffic infraction and establishes minimum and maximum fines;

12. Clarifies that a dealer taking a vehicle in trade on the purchase of another vehicle must satisfy any outstanding security interests on the traded vehicle within 10 days. Failure to do so is a Class E crime;

13. Creates a restricted instruction permit for the purpose of assessing a person with certain disabilities;

14. Extends the sunset date for the autocycle legislation until 2013;

15. Updates the authorized route for Van Buren Canadian weight permits; and

16. Clarifies the issuance of long-term oversize and overweight permits.

Sponsor: Senator COLLINS of York. Cosponsored by Representative MAZUREK of Rockland and Senators DIAMOND of Cumberland, THOMAS of Somerset, Representatives BRYANT of Windham, CEBRA of Naples, COTTA of China, ROSEN K of Bucksport.

FILED UNDER: Auto Service Related | Passed | Legislative Session: 125

Resolve, To Suspend Fuel Tax Rate Adjustments for the 2012-2013 Biennium (EMERGENCY)

Last Update: July 07, 2011
Status: Defeated
Text: LD 1340

This resolve suspends for 2 years, beginning July 1, 2011 and ending June 30, 2013, the annual indexing of the excise tax imposed on internal combustion engine fuel and distillates.

Sponsor: Representative CEBRA of Naples. Cosponsored by Senator COLLINS of York.

FILED UNDER: Auto Service Related | Defeated | Legislative Session: 125

An Act To Stimulate Demand for Renewable Resources

Last Update: July 07, 2011
Status: In committee
Text: LD 425

Current law establishes as a policy of the State the encouragement of the generation of electricity from renewable and efficient resources by requiring that each competitive electricity provider in this State demonstrate that no less than 30% of its portfolio of supply sources for retail electricity sales in this State is accounted for by eligible resources. This bill implements that policy by stimulating demand for electricity from generators fueled by municipal solid waste in conjunction with recycling.

This bill amends the law in the following ways.

1. It amends the definition of "renewable capacity resource" to add waste energy resources.

2. It defines "waste energy resource" as a source of electrical generation that is fueled by municipal solid waste in conjunction with recycling and whose total power capacity does not exceed 35 megawatts. In addition, the waste energy resource would have to meet Maine's air emissions standards for resource recovery facilities and licensing standards for solid waste facilities and ensure that residuals from the waste energy resource are disposed of at a landfill meeting Maine's licensing standards.

3. It establishes a 3.5% portfolio requirement for electricity from waste energy resources.

4. It allows competitive electricity providers to meet the portfolio requirements for waste energy resources through the use of renewable energy credits or an alternative compliance payment to be set by the Public Utilities Commission.

Sponsor: Senator ROSEN R of Hancock. Cosponsored by Representative ROSEN K of Bucksport.

FILED UNDER: Environmental | In committee | Legislative Session: 125

An Act Regarding the Disposition of Mercury-added Lamps

Last Update: July 07, 2011
Status: Passed
Text: LD 512

This bill authorizes the use of crushing devices in a mercury-added lamp recycling program. Under the bill, the owner of the crushing device must register with the Department of Environmental Protection, develop an operating manual for safely crushing mercury-added lamps, document maintenance activities, meet federal Occupational Safety and Health Administration requirements, dispose of all material crushed in the device and maintain an annual report for review by the Department of Environmental Protection, at the discretion of the department.

Sponsor: Senator SAVIELLO of Franklin. Cosponsored by Senator MCCORMICK of Kennebec.

FILED UNDER: Environmental | Passed | Legislative Session: 125

An Act To Eliminate Duplication of Paint Disclosure and Radon Requirements

Last Update: July 07, 2011
Status: Passed
Text: LD 544

The bill eliminates the duplication of state and federal lead based paint disclosure requirements and amends the law requiring radon testing of residential buildings to exempt buildings used exclusively for short term or seasonal rentals of less than 100 days.

Sponsor: Representative CUSHING of Hampden. Cosponsored by Senator COURTNEY of York and Senator PLOWMAN of Penobscot, Representatives CURTIS of Madison, DAMON of Bangor, PILON of Saco, RICHARDSON W of Warren, TUTTLE of Sanford, WILLETTE M of Presque Isle.

FILED UNDER: Environmental | Passed | Legislative Session: 125

An Act To Update the Radon Registration Act

Last Update: July 07, 2011
Status: Defeated
Text: LD 631

The bill amends the Radon Registration Act by updating the lead agency name, clarifying who the act applies to, making new construction comply with the Maine Uniform Building and Energy Code and requiring the Department of Health and Human Services to set fees by rule.

Sponsor: Representative SANBORN of Gorham. Cosponsored by Senator BRANNIGAN of Cumberland and Representatives BELIVEAU of Kittery, DUCHESNE of Hudson, LOVEJOY of Portland, MACDONALD of Boothbay, ROCHELO of Biddeford, WAGNER of Lewiston.

FILED UNDER: Environmental | Defeated | Legislative Session: 125

An Act To Conserve Energy in Certain Commercial Buildings

Last Update: July 07, 2011
Status: Defeated
Text: LD 699

This bill requires the Technical Building Codes and Standards Board, when adopting or amending the Maine Uniform Building and Energy Code, to ensure that:

1. Hotels, motels and inns with more than 50 rooms have a system that turns off the power to lights in vacant rooms; and

2. Escalators in commercial buildings are motion-activated.

Sponsor: Representative KNAPP of Gorham. Cosponsored by Representative BERRY of Bowdoinham and Representatives BOLDUC of Auburn, DUCHESNE of Hudson, EBERLE of South Portland, WALSH INNES of Yarmouth.

FILED UNDER: Environmental | Defeated | Legislative Session: 125

An Act To Improve the Recycling Rate of Mercury-added Motor Vehicle Components

Last Update: July 07, 2011
Status: Defeated
Text: LD 716

This bill clarifies that payment is required for the disposal of mercury-added motor vehicle components for motor vehicles for which a vehicle identification number or year, make and model have been provided. The bill defines the term "manufacturer." The bill also authorizes the Department of Environmental Protection to pay for the cost of collecting and recycling a manufacturer's mercury switches and seek cost recovery from the nonpaying manufacturer. The bill also authorizes the Attorney General to bring a civil action against a nonpaying manufacturer to recover the costs.

Sponsor: Representative WALSH INNES of Yarmouth. Cosponsored by Senator GOODALL of Sagadahoc and Representatives CHIPMAN of Portland, DUCHESNE of Hudson, HARLOW of Portland, HINCK of Portland.

FILED UNDER: Environmental | Defeated | Legislative Session: 125

An Act To Reduce Truck Travel Caused by the Bottle Redemption Laws

Last Update: July 07, 2011
Status: Defeated
Text: LD 728

This bill removes the current obligation in rule that requires a distributor to pick up a redemption center every time the distributor makes a delivery of product to any dealer or retailer that has an agreement with that redemption center. It replaces that obligation with a statutory obligation to pick up beverage containers at every redemption center every 30 days and to make additional pick ups when the redemption center has accumulated $750 worth of beverage containers.

Sponsor: Senator RECTOR of Knox. Cosponsored by Representative PRESCOTT of Topsham and Senators MASON of Androscoggin, SAVIELLO of Franklin, SCHNEIDER of Penobscot, Representatives AYOTTE of Caswell, CUSHING of Hampden, HUNT of Buxton.

FILED UNDER: Environmental | Defeated | Legislative Session: 125

An Act To Grandfather Certain Existing Buildings and Structures with Respect to Fire Safety Codes and Standards

Last Update: July 07, 2011
Status: Defeated
Text: LD 737

This bill amends the laws regarding fire safety to apply rules pertaining to fire safety codes and standards in effect as of January 1, 2007 to buildings and other structures built prior to January 1, 2008.

Sponsor: Senator SAVIELLO of Franklin.

FILED UNDER: Environmental | Defeated | Legislative Session: 125

An Act To Prohibit the Use of Pesticides in Certain Circumstances

Last Update: July 07, 2011
Status: Defeated
Text: LD 591

This bill prohibits the application of pesticides using aircraft. It prohibits use of pesticides for aesthetic purposes, for removing vegetation in parks and for removing roadside vegetation when the vegetation can be controlled by other means. It directs the Department of Agriculture, Food and Rural Resources, Board of Pesticides Control to revise its rules as necessary to be consistent with this Act and designates such rules as routine technical. It directs the board to examine the feasibility of prohibiting synthetic chemical pesticides when less toxic, naturally occurring pesticides provide a better alternative.

Sponsor: Representative MCFADDEN of Dennysville. Cosponsored by Senator ALFOND of Cumberland and Representative BOLDUC of Auburn.

FILED UNDER: Environmental | Defeated | Legislative Session: 125

An Act To Protect Children's Health and Promote Safe Schools and Child Care Centers by Limiting the Use of Pesticides

Last Update: July 07, 2011
Status: Passed
Text: LD 837

This bill requires that the use of pesticides on school grounds is restricted to situations that pose a health threat to a student or staff member and when the presence of animals or insects have been identified as a public health nuisance. It requires the Commissioner of Health and Human Services to adopt rules to provide similar restrictions on the use of pesticides on the grounds of child care facilities and nursery schools.

Sponsor: Representative NELSON of Falmouth. Cosponsored by Senator ALFOND of Cumberland and Senator WOODBURY of Cumberland, Representatives DOW of Waldoboro, MORRISON of South Portland, O'BRIEN of Lincolnville, RICHARDSON D of Carmel, RICHARDSON W of Warren, STRANG BURGESS of Cumberland, WAGNER of Lewiston.

FILED UNDER: Environmental | Passed | Legislative Session: 125

An Act To Clarify the Natural Resources Protection Act (EMERGENCY)

Last Update: July 07, 2011
Status: Defeated
Text: LD 872

This bill changes to 75 feet the setback for significant vernal pool habitat, high and moderate value inland waterfowl and wading bird habitat and shorebird nesting, feeding and staging areas. It also provides a mechanism to compensate landowners for the property value losses incurred as a result of more stringent setback regulations.

Sponsor: Senator COLLINS of York. Cosponsored by Representative CHASE of Wells and Senators SAVIELLO of Franklin, THIBODEAU of Waldo, THOMAS of Somerset, Representatives BURNS DR of Alfred, CEBRA of Naples, PARRY of Arundel, WATERHOUSE of Bridgton.

FILED UNDER: Environmental | Defeated | Legislative Session: 125

An Act To Clarify Maine's Phaseout of the "Deca" Mixture of Polybrominated Diphenyl Ethers

Last Update: July 07, 2011
Status: Passed
Text: LD 930

This bill amends the law to allow for the replacement of the "deca" mixture of polybrominated diphenyl ethers as a flame retardant with a brominated or chlorinated flame retardant, as long as the replacement is not a persistent, bioaccumulative and toxic chemical and does not create another chemical as a breakdown product that is persistent, bioaccumulative and toxic.

Sponsor: Representative CRAY of Palmyra. Cosponsored by Senator SNOWE-MELLO of Androscoggin and Representatives BLACK of Wilton, GIFFORD of Lincoln, O'BRIEN of Lincolnville.

FILED UNDER: Environmental | Passed | Legislative Session: 125

An Act To Enhance Public Participation in Decisions Relating to the Large-scale Extraction and Transportation of Water

Last Update: July 07, 2011
Status: Defeated
Text: LD 1077

This bill requires approval by the voters before a consumer owned water utility, a municipality or the Maine Land Use Regulation Commission and another entity may enter into a contract that involves the large scale extraction of water or the large scale transportation of water. In the case of a consumer owned water utility or a municipality, the voters may approve the proposed contract at a town meeting. The bill also removes the exceptions to the laws governing contracts for the large scale extraction of water and some of the exceptions to the laws governing contracts for the large scale transportation of water.

Sponsor: Representative BURNS DR of Alfred. Cosponsored by Senator HILL of York and Senators COLLINS of York, SULLIVAN of York, Representatives BEAVERS of South Berwick, BERRY of Bowdoinham, CHASE of Wells, DOW of Waldoboro, HARMON of Palermo, JOHNSON P of Greenville.

FILED UNDER: Environmental | Defeated | Legislative Session: 125

An Act Regarding Contracts Awarded by the Maine State Housing Authority for the Installation or Servicing of Energy-efficient Appliances in Low-income Households

Last Update: July 07, 2011
Status: Defeated
Text: LD 1194

This bill requires the Maine State Housing Authority, when awarding contracts to install or service energy-efficient replacement refrigerators or freezers in low-income households, to award those contracts on a regional basis to different suppliers and only to suppliers that do business primarily within the State and provide delivery and post-installation servicing services by the same supplier.

Sponsor: Representative BEAULIEU of Auburn. Cosponsored by Senator FARNHAM of Penobscot and Representatives BICKFORD of Auburn, DOW of Waldoboro, LAJOIE of Lewiston, NASS of Acton, PRESCOTT of Topsham, WEAVER of York.

FILED UNDER: Environmental | Defeated | Legislative Session: 125

An Act To Impose an Excise Tax on the Extraction of Water for Bottling

Last Update: July 07, 2011
Status: Defeated
Text: LD 1216

This bill creates an excise tax of 1¢ per gallon on the extraction of surface water or groundwater from springs or other underground sources by a bottled water operator who packages water for sale in containers of 5 gallons or less and who extracted more than 1,000,000 gallons in the previous calendar year.

Sponsor: Representative BOLAND of Sanford. Cosponsored by Representative HARLOW of Portland and Representative HINCK of Portland.

FILED UNDER: Environmental | Defeated | Legislative Session: 125

Resolve, To Study Initiatives To Increase Recycling in Maine (EMERGENCY)

Last Update: July 07, 2011
Status: Defeated
Text: LD 1255

This resolve directs the Executive Department, State Planning Office to convene a stakeholder group to analyze the beverage container recycling program in the State in the context of the State's municipal solid waste recycling program and to report to the joint standing committee of the Legislature having jurisdiction over environment and natural resources matters by January 15, 2013.

Sponsor: Senator HASTINGS of Oxford. Cosponsored by Representative WALSH INNES of Yarmouth and Senator MARTIN T of Kennebec, Representative HUNT of Buxton.

FILED UNDER: Environmental | Defeated | Legislative Session: 125

An Act To Increase the Recycling Rate in Maine

Last Update: July 07, 2011
Status: Defeated
Text: LD 1320

This bill:

1. Requires municipalities, from January 1, 2012 to December 31, 2017, to semiannually receive household hazardous waste;

2. Requires a municipality with a population greater than 2,000 to receive, recycle and, if possible, sell all cardboard disposed of in the municipality;

3. Requires a municipality with a population greater than 2,000 to receive and compost household yard waste; and

4. Allows municipal expenses incurred in implementing the requirements of this bill to be paid by the Executive Department, State Planning Office from the Maine Solid Waste Management Fund.

Sponsor: Representative WELSH of Rockport. Cosponsored by Senator SAVIELLO of Franklin and Representatives CAIN of Orono, CHAPMAN of Brooksville, DUCHESNE of Hudson, GRAHAM of North Yarmouth, KNAPP of Gorham.

FILED UNDER: Environmental | Defeated | Legislative Session: 125

An Act To Create Consistency and Fairness in Maine's Bottle Bill

Last Update: July 07, 2011
Status: Passed
Text: LD 1324

This bill removes containers larger than 28 ounces from the bottle bill. It establishes a period for phaseout for discontinuing the issuance of deposit and redemption of deposit for these items, including the payment of deposits by redemption centers to consumers and the payment of deposits and handling fees by manufacturers and distributors to redemption centers.

The bill also establishes a uniform deposit of 5¢ for all containers and establishes a similar period for phaseout for converting the deposit on those items from 15¢ to 5¢.

Sponsor: Representative PRESCOTT of Topsham. Cosponsored by Senator MARTIN T of Kennebec and Representatives CUSHING of Hampden, DOW of Waldoboro, FITTS of Pittsfield, HAYES of Buckfield, PILON of Saco, TILTON of Harrington, WEAVER of York, WINTLE of Garland.

FILED UNDER: Environmental | Passed | Legislative Session: 125

An Act To Provide Options to Municipalities Concerning the Maine Uniform Building and Energy Code

Last Update: July 07, 2011
Status: Passed
Text: LD 1416

Current law requires the adoption of the Maine Uniform Building and Energy Code by all municipalities with more than 2,000 residents by July 1, 2012, including those municipalities without a building code. An ordinance that conflicts with the Maine Uniform Building and Energy Code is considered void as of December 1, 2010.

Beginning December 1, 2012, this bill requires a municipality, regardless of size, that has adopted a building code, including a building code or portion of a building code related to residential, commercial or existing structures or an energy code, as of January 1, 2011, to adopt the comparable portion of the Maine Uniform Building and Energy Code. The municipality is required to adopt only that portion of the Maine Uniform Building and Energy Code that relates to the code already in place in that municipality. This bill also delays voidance of a conflicting municipal ordinance until December 1, 2012.

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Sponsor: Representative MCKANE of Newcastle. Cosponsored by Senator THIBODEAU of Waldo and Senators PLOWMAN of Penobscot, ROSEN R of Hancock, THOMAS of Somerset, Representatives COTTA of China, CURTIS of Madison, FITTS of Pittsfield, HAMPER of Oxford, HARVELL of Farmington, MALABY of Hancock.

FILED UNDER: Environmental | Passed | Legislative Session: 125

An Act To Create a 5-year Statute of Limitations for Environmental Violations

Last Update: July 07, 2011
Status: Passed
Text: LD 281

This bill requires enforcement actions for violations of environmental laws to be brought by the Department of Environmental Protection or the Attorney General within 5 years of the date of the violation.

Sponsor: Senator Snowe-Mello of Androscoggin

FILED UNDER: Environmental | Passed | Legislative Session: 125

Resolve, To Establish a Single Construction Permit for Above Ground Oil Storage Tanks in Gravel Pits and Quarries

Last Update: July 07, 2011
Status: Passed
Text: LD 253

This resolve requires the Department of Environmental Protection in consultation with the Office of the State Fire Marshal to establish a process for obtaining a single construction permit for above ground oil storage tanks in gravel pits and quarries that meets the requirements of the Maine Revised Statutes, Title 25, section 2483 and Title 38, sections 490D and 490Z.

Sponsor: Representative Knapp of Gorham

FILED UNDER: Environmental | Passed | Legislative Session: 125

An Act To Amend the Laws Governing Waste Processing

Last Update: July 07, 2011
Status: Defeated
Text: LD 245

This bill requires that solid waste disposal facilities licensed in the State be licensed to only accept waste generated within the State and clarifies that waste generated within the State does not include waste that has its origin outside the State and was transported to another location within the State prior to being transported to the facility.

Sponsor: Representative Celli of Brewer

FILED UNDER: Environmental | Defeated | Legislative Session: 125

An Act To Provide for the Appointment of Division Directors in the Department of Environmental Protection

Last Update: July 07, 2011
Status: Defeated
Text: LD 222

This bill adds division directors within bureaus of the Department of Environmental Protection to the list of major policy-influencing positions. The effect of this change is that these positions will no longer be classified service positions within an employee bargaining unit but will become unclassified service positions appointed by the Commissioner of Environmental Protection.

Sponsor: Senator Saviello of Franklin

FILED UNDER: Environmental | Defeated | Legislative Session: 125

An Act To Discourage Illegal Dumping in the State

Last Update: July 07, 2011
Status: Passed
Text: LD 112

This bill allows a court to order the surrender of any license, permit, certification or registration issued by any department or agency of the State held by a person who violates the Maine Litter Control Act.

Sponsor: Representative Shaw of Standish

FILED UNDER: Environmental | Passed | Legislative Session: 125

An Act To Ensure That Children's Products Are Free of Cadmium

Last Update: July 07, 2011
Status: Defeated
Text: LD 492

This bill prohibits the manufacture, sale and distribution in commerce of children's products containing cadmium at more than .004% by weight beginning July 1, 2013. In addition, the bill limits the substances that may be used as alternatives to cadmium in children's products. The bill directs the Department of Health and Human Services and the Maine Center for Disease Control and Prevention to enforce the cadmium limitation within available resources and provides penalties for violations.

Sponsor: Representative HINCK of Portland. Cosponsored by Senator BLISS of Cumberland and Senators ALFOND of Cumberland, BARTLETT of Cumberland, Representatives BERRY of Bowdoinham, DOW of Waldoboro, EBERLE of South Portland, GOODE of Bangor, MALONEY of Augusta, WALSH INNES of Yarmouth.

FILED UNDER: Environmental | Defeated | Legislative Session: 125

An Act To Make Certain Prescription Drug Disclosure Laws Consistent with Federal Law

Last Update: July 05, 2011
Status: Passed
Text: LD 719

This bill strikes the laws related to the reporting of marketing costs, price reporting and the disclosure of clinical trials by manufacturers and labelers of prescription drugs.

Sponsor: Representative STRANG BURGESS of Cumberland. Cosponsored by Senator MCCORMICK of Kennebec and Senators RECTOR of Knox, SNOWE-MELLO of Androscoggin, SULLIVAN of York, Representatives FOSSEL of Alna, O'CONNOR of Berwick, PETERSON of Rumford, SIROCKI of Scarborough.

FILED UNDER: Pharmacy Related | Passed | Legislative Session: 125

An Act To Legalize the Sale, Possession and Use of Fireworks (EMERGENCY)

Last Update: July 05, 2011
Status: Passed
Text: LD 83

This bill removes the prohibition on the sale and use of consumer fireworks and establishes a licensing protocol for sellers of consumer fireworks. A seller of consumer fireworks must have a federal and state license and a permit from a municipality. A municipality may adopt an ordinance that allows or prohibits the sale, use or possession of consumer fireworks. A seller of consumer fireworks must be 21 years of age or older and may not have been convicted or found in violation of any state, federal or municipal law, rule or regulation concerning fireworks or explosives. Consumer fireworks must be stored in a building exclusively used for the storage and sale of fireworks that has met all applicable fire safety and building codes and zoning and municipal ordinances. The Commissioner of Public Safety may adopt rules relative to the use, storage, transportation and display of consumer fireworks. A seller of consumer fireworks may not use misleading advertising and must warn consumers in any advertising to check with the local fire department to see if consumer fireworks are allowed in the community. A seller of consumer fireworks must provide a safety pamphlet to each purchaser of consumer fireworks. A person who violates the provisions of this bill is liable for any bodily injury or property damage that results and cannot use certain civil defenses. A violation of the provisions of this bill may result in the seizure of the consumer fireworks and suspension of a license to sell consumer fireworks and is a Class E crime.

UPDATE: The final version of the bill is available here:

http://www.mainelegislature.org/legis/bills/bills_125th/billtexts/HP007102.asp

UPDATE: The Emergency preamble was stripped off in the amended bill and was passed by the House and Senate. It now awaits signature by Governor LePage. He is expected to sign it.

Sponsor: Representative DAMON of Bangor. Cosponsored by Senator THIBODEAU of Waldo and Representatives BENNETT of Kennebunk, JOHNSON D of Eddington, LIBBY of Waterboro, O'CONNOR of Berwick, PARKER of Veazie, RIOUX of Winterport, SIROCKI of Scarborough, WOOD of Sabattus.

FILED UNDER: Miscellaneous | Passed | Legislative Session: 125

An Act To Create a Sales Tax Holiday for Energy-efficient Appliances and Fixtures

Last Update: June 24, 2011
Status: Defeated
Text: LD 476

This bill enacts a provision establishing an annual sales tax holiday on April 18th for the purchase in Maine, free of sales tax, of energy-efficient appliances and fixtures that carry the Energy Star or WaterSense labels granted to certain energy-efficient products by the United States Environmental Protection Agency and the United States Department of Energy. The exemption from sales tax extends to both new and used energy-efficient products that are purchased on April 18th for noncommercial or personal use, when the cost of each such item is $2,500 or less. The bill also includes a reporting requirement in order to measure the fiscal impact of the sales tax holiday.

UPDATE 6/2/11: This bill has been passed by both the House and Senate and was committed to the Appropriations Table for funding consideration. It joins the other Sales Tax Holiday bill there, LD 1384.

Sponsor: Representative EDGECOMB of Caribou. Cosponsored by Senator SHERMAN of Aroostook and Representatives AYOTTE of Caswell, CLARK H of Millinocket, CLARK T of Easton, FITTS of Pittsfield, KNIGHT of Livermore Falls, NASS of Acton, RICHARDSON W of Warren, WEAVER of York.

FILED UNDER: Tax Related | Defeated | Legislative Session: 125

An Act To Prohibit the Sale of Russian Olive and Other Invasive Terrestrial Plants

Last Update: June 17, 2011
Status: Passed
Text: LD 182

This bill prohibits the sale of Elaeagnus angustifolia, a shrub commonly called "Russian olive." It directs the Commissioner of Agriculture, Food and Rural Resources to adopt rules establishing criteria for evaluating nonnative plant species for designation as invasive terrestrial plants. A list of plants meeting the criteria for invasive terrestrial plants would be established in rule and those plants prohibited from sale.

Sponsor: Representative Eves of North Berwick

FILED UNDER: General Business | Passed | Legislative Session: 125

An Act Regarding the Tax on Fuel Used for Commercial Agriculture, Fishing and Forestry

Last Update: June 17, 2011
Status: Defeated
Text: LD 42

Current law allows a person who purchases and uses fuel for any commercial use, other than in a motor vehicle on the highways of the State or for aircraft, to apply for a refund of the excise tax paid on that fuel, less 1¢ per gallon. Any fuel that qualifies for a refund is then subject to the state use tax of 5%.

This bill allows a person who purchases and uses fuel for commercial fishing, forestry or agriculture purposes to apply for a refund of the excise tax paid, less 5¢ per gallon; such fuel is also exempt from the use tax. All fuel used for other commercial purposes remains eligible for a refund of the excise tax, less 1¢ per gallon, and subject to the use tax.

Sponsor: Representative EDGECOMB of Caribou. Cosponsored by Senator SHERMAN of Aroostook and Representatives BLACK of Wilton, GIFFORD of Lincoln, TIMBERLAKE of Turner, WILLETTE A of Mapleton, WOOD of Sabattus.

FILED UNDER: Tax Related | Defeated | Legislative Session: 125

An Act To Increase the Availability of Independent Medical Examiners under the Workers' Compensation Act of 1992

Last Update: June 17, 2011
Status: Passed
Text: LD 1056

Under current law, if a physician has examined an employee of a company at the request of an insurance company, employer or employee in accordance with the Maine Revised Statutes, Title 39A, section 207 during the previous 52 weeks then that physician is not eligible to be an independent medical examiner. This bill amends the law by limiting the 52-week prohibition to a prohibition against the examination of a specific employee who previously has been examined by the physician.

Sponsor: Representative HAMPER of Oxford. Cosponsored by Senator GOODALL of Sagadahoc and Senator SNOWE-MELLO of Androscoggin, Representatives DOW of Waldoboro, FITZPATRICK of Houlton, FOSSEL of Alna, OLSEN of Phippsburg, PRESCOTT of Topsham, TUTTLE of Sanford.

FILED UNDER: Wage and Labor Related | Passed | Legislative Session: 125

An Act To Amend the Laws Governing the Determination of Permanent Impairment under the Maine Workers' Compensation Act of 1992

Last Update: June 17, 2011
Status: Defeated
Text: LD 1065

This bill amends the law governing the determination of permanent impairment for workers' compensation purposes as follows:

1. It specifies that the schedule adopted by the Workers' Compensation Board for determining the existence and degree of permanent impairment based upon medically or scientifically demonstrable findings must be based on the American Medical Association's "Guides to the Evaluation of Permanent Impairment," 4th edition;

2. It requires that a determination of permanent impairment of the spine must be based on a medical opinion formulated using the "diagnosis related estimate" model and may not be based on a medical opinion formulated using the “range of motion” model;

3. It specifies that a determination of permanent impairment may not include an assessment of permanent impairment based on behavioral, emotional or psychiatric conditions; and

4. It requires that the medical findings of the independent medical examiner regarding the extent of permanent impairment must be adopted by the board.

Sponsor: Representative PRESCOTT of Topsham. Cosponsored by Senator SHERMAN of Aroostook and Representatives BURNS DC of Whiting, CUSHING of Hampden, DOW of Waldoboro, HAMPER of Oxford, HARVELL of Farmington, WINTLE of Garland.

FILED UNDER: Wage and Labor Related | Defeated | Legislative Session: 125

An Act To Clarify the Scope of Maine's Franchise Laws for Dealers of Power Equipment, Machinery and Appliances (EMERGENCY)

Last Update: June 17, 2011
Status: Passed
Text: LD 316

Consistent with the principle that Maine law does not have an extraterritorial effect, this bill confirms that Maine's franchise laws regarding dealers of power equipment, machinery and appliances apply to dealerships located within this State and are not intended to cover dealerships located outside the State.

Sponsor: Senator Bartlett of Cumberland

FILED UNDER: Auto Service Related | Passed | Legislative Session: 125

An Act To Encourage Transparency in Disclosing the Ingredients in Vaccinations for Children to Parents and Guardians

Last Update: June 17, 2011
Status: Defeated
Text: LD 694

This bill requires a health care provider or clinic staff person to, prior to immunizing a person under 18 years of age, disclose the ingredients of the immunizing agent or agents to the parent or guardian of the child. It also requires the health care provider or clinic staff person to notify the parent or guardian of the option of refusing immunization of the child based on religious or philosophical beliefs.

Sponsor: Representative BOLAND of Sanford. Cosponsored by Senator PLOWMAN of Penobscot and Senator PATRICK of Oxford, Representatives DION of Portland, ESPLING of New Gloucester, GUERIN of Glenburn, HARLOW of Portland, MORRISON of South Portland, O'CONNOR of Berwick.

FILED UNDER: Pharmacy Related | Defeated | Legislative Session: 125

An Act To Amend the Laws Governing the Maine Potato Board (EMERGENCY)

Last Update: June 17, 2011
Status: Passed
Text: LD 41

This bill makes revisions to the laws governing the Maine Potato Board. The bill changes the meeting requirements of the board and the membership of the board and increases the potato tax from $.05 to $.06 per hundredweight.

FILED UNDER: Tax Related | Passed | Legislative Session: 125

An Act To Prohibit Mandatory Immunizations

Last Update: June 17, 2011
Status: Defeated
Text: LD 941

This bill prohibits mandatory immunizations for persons.

Sponsor: Senator THOMAS of Somerset. Cosponsored by Representative CEBRA of Naples and Representatives JOHNSON P of Greenville, MALABY of Hancock, O'CONNOR of Berwick, SANDERSON of Chelsea, SIROCKI of Scarborough.

FILED UNDER: Pharmacy Related | Defeated | Legislative Session: 125

An Act To Allow Access to Pseudoephedrine by Prescription Only

Last Update: June 17, 2011
Status: Defeated
Text: LD 774

This bill requires a prescription to possess any amount of pseudoephedrine.

Sponsor: Representative WILLETTE A of Mapleton. Cosponsored by Senator JACKSON of Aroostook and Representatives THERIAULT of Madawaska, WILLETTE M of Presque Isle.

FILED UNDER: Pharmacy Related | Defeated | Legislative Session: 125

An Act To Allow 45 Days To Register a Newly Acquired Motor Vehicle

Last Update: June 17, 2011
Status: Defeated
Text: LD 1495

This bill changes the period of time of a motor vehicle temporary registration plate from 14 days to 45 days.

Sponsor: Senator JACKSON of Aroostook.

FILED UNDER: Auto Service Related | Defeated | Legislative Session: 125

An Act To Comply with the Health Insurance Exchange Provision of the Patient Protection and Affordable Care Act

Last Update: June 17, 2011
Status: In committee
Text: LD 1497

This bill establishes the Maine Health Benefit Exchange pursuant to the federal Patient Protection and Affordable Care Act. The exchange is established as authorized by federal law to facilitate the purchase of health care coverage by individuals and small businesses. The bill requires coverage to be available through the exchange no later than January 1, 2014. The bill authorizes the use of an assessment or user fee on health insurance carriers to support the operations of the exchange.

Sponsor: Representative MCKANE of Newcastle. Cosponsored by Senator WHITTEMORE of Somerset and Senator SNOWE-MELLO of Androscoggin, Representatives FITZPATRICK of Houlton, MORISSETTE of Winslow, PICCHIOTTI of Fairfield, RICHARDSON W of Warren.

FILED UNDER: Health Care | In committee | Legislative Session: 125

An Act To Phase Out Dirigo Health and Establish the Maine Health Benefit Exchange for Small Businesses and Individuals

Last Update: June 17, 2011
Status: In committee
Text: LD 1498

This bill repeals Dirigo Health effective January 1, 2014 and, in its place, establishes the Maine Health Benefit Exchange. The exchange is established as authorized by federal law to facilitate the purchase of health care coverage by individuals and small businesses. The bill requires coverage to be available through the exchange no later than January 1, 2014. Coverage of individuals and small businesses under the current Dirigo Health program will end on January 1, 2014 as coverage will transition to the exchange. The bill retains the Maine Quality Forum established within the Dirigo Health program and transfers its oversight to the exchange. The bill requires health insurance carriers and 3rd-party administrators to pay an access payment on paid claims to support the operations of the exchange.

The bill makes changes to the Maine Insurance Code to preserve the authority of the Superintendent of Insurance to enforce the federal Patient Protection and Affordable Care Act. The bill also clarifies that the Superintendent of Insurance has oversight over health insurance plans offered through the Maine Health Benefit Exchange.

The bill also requires the Department of Professional and Financial Regulation, Bureau of Insurance to evaluate the minimum essential benefits package to be determined by the Secretary of the United States Department of Health and Human Services in comparison to existing mandated health insurance benefits required by state law. The bill directs the Bureau of Insurance to determine the projected cost impact of maintaining mandated benefits not included in the essential benefits package in qualified health plans made available through the exchange. The bureau must submit its report within 3 months of the adoption of the minimum essential benefits package.

Sponsor: Representative TREAT of Hallowell. Cosponsored by Senator BRANNIGAN of Cumberland and Senators ALFOND of Cumberland, CRAVEN of Androscoggin, Representatives CAIN of Orono, EVES of North Berwick, FLEMINGS of Bar Harbor, GRAHAM of North Yarmouth, KUMIEGA of Deer Isle, SANBORN of Gorham.

FILED UNDER: Health Care | In committee | Legislative Session: 125

An Act To Amend the Maine Business Corporation Act

Last Update: June 17, 2011
Status: Passed
Text: LD 1502

This bill amends the Maine Business Corporation Act to reflect recent changes made to the model act on which the Maine Business Corporation Act is based.

Sponsor: Representative PRIEST of Brunswick. Cosponsored by Senator HASTINGS of Oxford and Senators BLISS of Cumberland, WOODBURY of Cumberland, Representatives DILL C of Cape Elizabeth, FOSTER of Augusta, MALONEY of Augusta, MOULTON of York, NASS of Acton, ROCHELO of Biddeford.

FILED UNDER: General Business | Passed | Legislative Session: 125

An Act To Clarify the Maine State Lottery Agent Licensing Process

Last Update: June 17, 2011
Status: Passed
Text: LD 1513

This bill makes the following changes to the law regarding the operations of lotteries.

1. It amends the definition of "person" to include other forms of businesses.

2. It clarifies the rule-making authority of the State Liquor and Lottery Commission relating to license issuance, denial, suspension and revocation.

3. It clarifies that the Director of the Bureau of Alcoholic Beverages and Lottery Operations within the Department of Administrative and Financial Services or the director's designee has the authority to deny, suspend or revoke a license to sell lottery tickets or shares.

4. It clarifies that the appeal of a decision to deny, suspend or revoke a license may be made to the commission.

Sponsor: Representative CAREY of Lewiston.

FILED UNDER: Miscellaneous | Passed | Legislative Session: 125

An Act To Establish Standards for Portable Electronic Device Insurance

Last Update: June 17, 2011
Status: Passed
Text: LD 1464

This bill establishes portable electronic device insurance as a limited line of insurance and regulates its provision.

UPDATE: This bill has been amended, passed and signed into law. It takes effect 90 days after adjournment. Final language HERE.

Sponsor: Senator SNOWE-MELLO of Androscoggin. Cosponsored by Senator BRANNIGAN of Cumberland and Representatives BECK of Waterville, GOODE of Bangor, MORISSETTE of Winslow, RICHARDSON W of Warren.

FILED UNDER: Miscellaneous | Passed | Legislative Session: 125

Resolve, To Establish a Consistent Workers' Compensation Classification for Pharmacies

Last Update: June 17, 2011
Status: Defeated
Text: LD 866

This resolve requires the Department of Professional and Financial Regulation, Bureau of Insurance to establish a workers' compensation business classification for pharmacies so that the workers' compensation insurance rate for employees of a pharmacy located within a larger retail store is identical to the workers' compensation insurance rate for employees of a standalone pharmacy.

Sponsor: Senator JACKSON of Aroostook. Cosponsored by Representative THERIAULT of Madawaska and Representative MARTIN J of Eagle Lake.

FILED UNDER: Pharmacy Related | Defeated | Legislative Session: 125

An Act To Amend the Maine Consumer Credit Code Regarding Interest Charged on Deferred Payments

Last Update: June 17, 2011
Status: Passed
Text: LD 891

Under the Maine Consumer Credit Code, interest and costs are allowed to accrue in connection with a deferred first periodic payment only if the payment is deferred for no more than 90 days. This bill changes the limitation to 120 days.

Sponsor: Senator SNOWE-MELLO of Androscoggin. Cosponsored by Senator WHITTEMORE of Somerset and Representatives MCKANE of Newcastle, RICHARDSON W of Warren.

FILED UNDER: General Business | Passed | Legislative Session: 125

An Act To Conform Business Expense Deductions to Federal Law

Last Update: June 17, 2011
Status: Undetermined
Text: LD 1137

This bill permits businesses to claim business expense deductions for purchases to the same extent as permitted under federal income tax law.

Sponsor: Representative KNIGHT of Livermore Falls. Cosponsored by Senator TRAHAN of Lincoln and Senator GOODALL of Sagadahoc, Representatives CORNELL DU HOUX of Brunswick, COTTA of China, FREDETTE of Newport, HANLEY of Gardiner, MCKANE of Newcastle, PARKER of Veazie, SANDERSON of Chelsea.

FILED UNDER: Tax Related | Undetermined | Legislative Session: 125

An Act To Eliminate the Restriction on Net Operating Loss Carry-forwards

Last Update: June 17, 2011
Status: Undetermined
Text: LD 140

Current federal law allows a person to carry forward net operating losses from one tax year to the next. Maine law puts a 3-year moratorium on the carrying forward of net operating losses for tax years 2009, 2010 and 2011, requiring that the amount subtracted for federal income tax purposes be added back into income for purposes of computing Maine income tax.

This bill eliminates the requirement that net operating losses be added back into Maine income for tax years beginning in 2011.

Sponsor: Representative Hunt of Buxton

FILED UNDER: Tax Related | Undetermined | Legislative Session: 125

An Act To Amend Maine Law To Conform with Federal Law Regarding Employment Practices for Certain Minors

Last Update: June 17, 2011
Status: Passed
Text: LD 516

This bill repeals the limiting of hours minors 16 years of age may work while school is not in session. It repeals all limitations on the hours a minor 17 years of age may work. It also conforms Maine law to federal law.

Sponsor: Senator PLOWMAN of Penobscot. Cosponsored by Senator COURTNEY of York and Senators RECTOR of Knox, SCHNEIDER of Penobscot, THOMAS of Somerset, Representatives DOW of Waldoboro, VOLK of Scarborough.

FILED UNDER: Wage and Labor Related | Passed | Legislative Session: 125

An Act To Increase Recycling Jobs in Maine and Lower Costs for Maine Businesses Concerning Recycled Electronics

Last Update: June 17, 2011
Status: Passed
Text: LD 981

This bill provides that the recycling of covered electronic devices received at collection sites and events from small universal waste generators is the manufacturer's responsibility. It clarifies that a manufacturer must register with the State prior to selling covered electronic devices in the State and must report sales information on annual registrations in terms of national numbers. In addition, this bill modifies the annual manufacturer registration fee from a flat fee to a tiered system based on a manufacturer's annual national unit sales of covered electronic devices, and exempts certain historic manufacturers from the registration fee requirements. It changes the reporting requirements from every 2 years to being a part of the product stewardship report.

Sponsor: Representative WALSH INNES of Yarmouth. Cosponsored by Senator SNOWE-MELLO of Androscoggin and Senators GOODALL of Sagadahoc, RECTOR of Knox, WOODBURY of Cumberland, Representatives BICKFORD of Auburn, BOLDUC of Auburn, CHIPMAN of Portland, DUCHESNE of Hudson, KESCHL of Belgrade.

FILED UNDER: Environmental | Passed | Legislative Session: 125

An Act To Amend the Definition of "Service Animal" To Conform with Federal Law

Last Update: June 17, 2011
Status: Passed
Text: LD 744

This bill changes the definition of "service animal" in the Maine Human Rights Act to conform with federal law.

Sponsor: Representative MALABY of Hancock. Cosponsored by Senator ROSEN R of Hancock and Representatives BEAULIEU of Auburn, BERRY of Bowdoinham, DUNPHY of Embden, FOSSEL of Alna, MCCLELLAN of Raymond, O'CONNOR of Berwick, SANDERSON of Chelsea, SIROCKI of Scarborough.

FILED UNDER: Wage and Labor Related | Passed | Legislative Session: 125

An Act To Amend the Laws Regarding Tips Used in Payment of Service Employees

Last Update: June 17, 2011
Status: Passed
Text: LD 207

This bill changes the laws regarding the tip credit for employers as used in the payment of service employees by eliminating the provision that specifies that tips received by a service employee are the property of the employee and may not be shared with the employer. It eliminates the provision that makes tip splitting voluntary and also eliminates the provision that tips automatically included in a customer's bill or charged to a customer's credit card must be given to the service employee. It also eliminates the provision that directs the employer to pay the service employee by the next regular payday for tips charged to a credit card.

Sponsor: Senator Langley of Hancock

FILED UNDER: Wage and Labor Related | Passed | Legislative Session: 125

An Act To Conform Maine Menu Labeling Laws to Federal Standards

Last Update: June 17, 2011
Status: In committee
Text: LD 936

This bill repeals provisions of law regarding menu labeling that have been preempted by the federal Patient Protection and Affordable Care Act, Public Law 111148, Section 4205(2010), which creates a uniform national approach to nutrition labeling for restaurant menus with a primary focus on calorie content. The bill retains the current statutory definition of "chain restaurant" and directs the Department of Health and Human Services to adopt major substantive rules to locally enforce the provisions of 21 United States Code, Section 343(2010).

Sponsor: Representative STRANG BURGESS of Cumberland.

FILED UNDER: Miscellaneous | In committee | Legislative Session: 125

An Act Regarding the Scope of Services That May Be Provided by Pharmacies Owned by Hospitals

Last Update: June 17, 2011
Status: Defeated
Text: LD 1406

This bill provides that a pharmacy that is owned by and located in a hospital may dispense prescription drugs to a person who is a patient in that hospital and to a person who is receiving health care services in a nursing facility or a long-term care facility that is affiliated with that hospital. It clarifies that the definition of "pharmacy" in the Maine Pharmacy Act does not include a hospital pharmacy.

Sponsor: Senator FARNHAM of Penobscot. Cosponsored by Representative FOSSEL of Alna and Senator JACKSON of Aroostook, Representative WELSH of Rockport.

FILED UNDER: Pharmacy Related | Defeated | Legislative Session: 125

An Act To Impose a Mandatory Minimum Award in Small Claims Actions

Last Update: June 17, 2011
Status: Defeated
Text: LD 1053

This bill amends the small claims laws to require the court to award a minimum of $25 to a prevailing plaintiff. This award may not be suspended or waived by the court.

Sponsor: Representative SHAW of Standish. Cosponsored by Representative CURTIS of Madison and Representatives CUSHING of Hampden, DION of Portland, FOSSEL of Alna, PILON of Saco, PLUMMER of Windham, VALENTINO of Saco.

FILED UNDER: General Business | Defeated | Legislative Session: 125

An Act To Modify the Laws Regarding Status as an Independent Contractor

Last Update: June 17, 2011
Status: Passed
Text: LD 1420

This bill defines services provided by an individual to be employment subject to the unemployment compensation laws unless the individual is free from control or direction in performing the services and either:

1. The service is outside the usual course of business or is performed outside of the place of business; or

2. The individual is engaged in an independently established trade or occupation.

Sponsor: Senator THIBODEAU of Waldo. Cosponsored by Senator DIAMOND of Cumberland and Senators HASTINGS of Oxford, MARTIN T of Kennebec, Representatives CROCKETT of Bethel, TIMBERLAKE of Turner.

FILED UNDER: Wage and Labor Related | Passed | Legislative Session: 125

An Act To Prohibit Forced Payment of Labor Union Dues or Fees by Workers

Last Update: June 03, 2011
Status: Defeated
Text: LD 788

This bill guarantees workers free choice in deciding whether to join or refrain from joining labor unions. It prohibits employers from deducting fees from nonunion employees.

Sponsor: Representative WINSOR of Norway. Cosponsored by Senator SNOWE-MELLO of Androscoggin and Representatives BLACK of Wilton, CEBRA of Naples, CURTIS of Madison, CUSHING of Hampden, HAMPER of Oxford, KESCHL of Belgrade, O'CONNOR of Berwick.

FILED UNDER: Wage and Labor Related | Defeated | Legislative Session: 125

An Act To Require Bicyclists To Contribute to the Improvement of Bikeways

Last Update: June 01, 2011
Status: Defeated
Text: LD 1189

This bill imposes a 2% surcharge on the retail sale of bicycles. The proceeds are to be used by the Department of Transportation to construct, improve and maintain bikeways for use primarily by bicyclists and pedestrians.

Sponsor: Representative SARTY of Denmark. Cosponsored by Senator COLLINS of York and Representatives BRYANT of Windham, CEBRA of Naples, COTTA of China, DAVIS of Sangerville, JOHNSON P of Greenville, PLUMMER of Windham, SHAW of Standish.

FILED UNDER: Tax Related | Defeated | Legislative Session: 125

An Act To Raise the Minimum Wage

Last Update: May 27, 2011
Status: Defeated
Text: LD 447

This bill requires the minimum wage to increase to $7.75 per hour starting October 1, 2011 and $8.00 per hour starting October 1, 2012.

Sponsor: Representative TUTTLE of Sanford. Cosponsored by Senator JACKSON of Aroostook and Representatives CAIN of Orono, CLARK H of Millinocket, DION of Portland, DRISCOLL of Westbrook, GILBERT of Jay, HERBIG of Belfast, HOGAN of Old Orchard Beach, HUNT of Buxton, MARTIN J of Eagle Lake.

FILED UNDER: Wage and Labor Related | Defeated | Legislative Session: 125

An Act To Provide a Livable Wage for Maine Families

Last Update: May 13, 2011
Status: Defeated
Text: LD 457

This bill requires the minimum hourly wage to be adjusted for inflation on October 1st of each year.

Sponsor: Representative CAREY of Lewiston. Cosponsored by Senator ALFOND of Cumberland and Senators GERZOFSKY of Cumberland, HOBBINS of York, JACKSON of Aroostook, Representatives BERRY of Bowdoinham, CAIN of Orono, DRISCOLL of Westbrook, HERBIG of Belfast, MARTIN J of Eagle Lake, TUTTLE of Sanford.

FILED UNDER: Wage and Labor Related | Defeated | Legislative Session: 125

An Act To Assist Maine Pharmacies

Last Update: May 13, 2011
Status: Defeated
Text: LD 1487

This bill establishes the Prescription Drug Practices Act. It requires all pharmacy benefits managers operating in the State to acquire a certificate of authority to be issued by the Department of Professional and Financial Regulation, Bureau of Insurance. It establishes compliance and disclosure requirements for pharmacy benefits managers and prohibits certain practices by pharmacy benefits managers.

Sponsor: Representative BECK of Waterville. Cosponsored by Senator BRANNIGAN of Cumberland and Representatives CAIN of Orono, GOODE of Bangor, MORRISON of South Portland, SANBORN of Gorham, TREAT of Hallowell.

FILED UNDER: Pharmacy Related | Defeated | Legislative Session: 125

An Act To Enhance Access to the Workplace for Minors

Last Update: May 09, 2011
Status: Defeated
Text: LD 1346

This bill amends the laws governing employment practices in the following ways:

1. It establishes a training wage for trainees or secondary students under 20 years of age at $5.25 per hour for their first 180 days of employment;

2. It eliminates the maximum number of hours a minor 16 years of age or older can work during school days;

3. It allows a minor under 16 years of age to work up to 4 hours on a school day during hours when school is not in session;

4. It allows a home-schooled student to work during regular public school hours, but not during regularly scheduled home school hours;

5. It exempts a minor under 16 years of age who is enrolled in school from the maximum hour requirements to work in an agricultural setting as long as the minor has written permission from the minor’s parent or guardian; and

6. It allows a parent or guardian of a minor who is home schooled to sign a work permit instead of the superintendent of the school administrative unit where the homeschooled minor lives.

Sponsor: Representative BURNS DC of Whiting. Cosponsored by Senator MASON of Androscoggin and Representatives BICKFORD of Auburn, DAVIS of Sangerville, ESPLING of New Gloucester, KNAPP of Gorham, SANDERSON of Chelsea, TILTON of Harrington.

FILED UNDER: Wage and Labor Related | Defeated | Legislative Session: 125

An Act To Promote Responsible Business Practices through a Livable Wage

Last Update: May 09, 2011
Status: Defeated
Text: LD 994

This bill requires businesses, in order to receive tax credits, tax reimbursement or tax forgiveness from the State, to pay their employees a livable wage.

Sponsor: Representative CHIPMAN of Portland. Cosponsored by Senator PATRICK of Oxford and Senators GERZOFSKY of Cumberland, JACKSON of Aroostook, Representatives BRYANT of Windham, GILBERT of Jay, TUTTLE of Sanford.

FILED UNDER: Wage and Labor Related | Defeated | Legislative Session: 125

An Act To Require Public Disclosure of Health Care Prices

Last Update: May 09, 2011
Status: Defeated
Text: LD 1131

This bill requires a health care practitioner to maintain a price list of the health care practitioner's most common services and procedures and to provide the list to a consumer upon request effective January 1, 2012.

Sponsor: Senator WOODBURY of Cumberland. Cosponsored by Representative BERRY of Bowdoinham.

FILED UNDER: Health Care | Defeated | Legislative Session: 125

An Act Relating to Motor Vehicle Dealer Licensing Requirements

Last Update: May 09, 2011
Status: Passed
Text: LD 265

This bill eliminates the requirement that a motor vehicle dealer, to qualify for a dealer license, maintain a repair department that accommodates the repair of 2 vehicles simultaneously. This bill provides that, for the purpose of providing repair services, a motor vehicle dealer may enter into a contract with a mechanic to perform repairs or may lease the dealer’s facility to a mechanic who performs repairs.

This bill directs the Secretary of State to amend rules establishing the requirements for licensing motor vehicle dealers before January 1, 2012. This bill also directs the Secretary of State to convene a working group to study licensing requirements for motor vehicle dealers and directs the working group to submit a report to the Joint Standing Committee on Transportation. This bill gives the committee authority to submit a bill to the Second Regular Session of the 125th Legislature concerning licensing requirements for motor vehicle dealers.

Sponsor: Representative Beaulieu of Auburn

FILED UNDER: Auto Service Related | Passed | Legislative Session: 125

An Act To Repeal the Restriction on Serving or Executing Civil Process on Sunday

Last Update: May 09, 2011
Status: Passed
Text: LD 95

This bill repeals the restriction on serving or executing civil process on Sunday.

Sponsor: Representative Dion of Portland

FILED UNDER: General Business | Passed | Legislative Session: 125

An Act To Enact Requirements Concerning Veterinary Prescriptions

Last Update: May 06, 2011
Status: Defeated
Text: LD 676

This bill requires that prior to selling prescription medication to animal owners, a veterinarian must first inform the owner both orally and in writing of the option to obtain prescription items from a pharmacy of the owner's choice. The bill also requires that, whether or not requested by the animal owner and without imposing a fee, the veterinarian must provide a written prescription to the owner that the owner may elect to have the veterinarian dispense or to have filled at a pharmacy. The bill makes violations subject to the provisions of the Maine Unfair Trade Practices Act.

Sponsor: Senator COURTNEY of York. Cosponsored by Representative SHAW of Standish.

FILED UNDER: Pharmacy Related | Defeated | Legislative Session: 125

An Act To Amend the Laws Restricting Advertising on Public Ways

Last Update: May 06, 2011
Status: Defeated
Text: LD 1405

This bill amends the use of on-premises signs in the following ways.

1. It increases the distance that a sign may be erected from a principle structure of a business or point of interest from 1,000 feet to 2,500 feet.

2. It provides definitions of "point of interest," "outdoor area" and "principle structure" for purposes of determining distance for placement of on-premises signs.

3. It allows on-premises signs to be placed within 20 feet of the edge of certain public ways with more than 2 travel lanes if the signs are erected using approved breakaway mounting devices.

4. It requires the Commissioner of Transportation to manage the permitting process and to authorize the placement of signs adjacent to interstate highways larger and taller than allowed under current law.

5. It increases from 2 to 3 the number of approach signs a business or point of interest may have if that business or point of interest is not visible from or is located more than 1,000 feet from a public way intersection and permits those approach signs to be 2sided.

6. It allows changeable signs to change once per minute; current law limits the change to once every 20 minutes.

7. It allows a business or point of interest to have one changeable sign per public way that the business or point of interest abuts.

8. It allows time and temperature signs to also display the date and permits those signs to change as frequently as once every 2 seconds.

9. It allows for changeable signs to be erected adjacent to and for viewing from the interstate highway system.

10. It increases the maximum height of a freestanding sign structure statewide from 25 feet to 35 feet above grade.

11. It recognizes the value and the role of signs for disseminating information to the motoring public.

12. It allows for placement of signs by real estate brokerage agencies for the sale of real estate.

Sponsor: Representative KESCHL of Belgrade. Cosponsored by Senator SAVIELLO of Franklin and Senator SHERMAN of Aroostook, Representatives CHIPMAN of Portland, CLARK T of Easton, FITTS of Pittsfield, HAMPER of Oxford, MAKER of Calais, MCKANE of Newcastle, PICCHIOTTI of Fairfield, SARTY of Denmark.

FILED UNDER: General Business | Defeated | Legislative Session: 125

An Act To Require the Maine Turnpike Authority To Promote Maine Products and Businesses

Last Update: April 28, 2011
Status: Defeated
Text: LD 217

This bill requires the Maine Turnpike Authority to promote and accommodate Maine products and businesses at rest areas owned or operated by the authority, with the advice and approval of the Department of Economic and Community Development.

Sponsor: Senator Rector of Knox

FILED UNDER: General Business | Defeated | Legislative Session: 125

An Act To Provide That Private Transfer Fee Obligations on Real Property Are Void and Unenforceable

Last Update: April 17, 2011
Status: In committee
Text: LD 1482

This bill provides that private transfer fee obligations on real property are void and unenforceable.

Sponsor: Senator COURTNEY of York. Cosponsored by Representative FITTS of Pittsfield and Senators SAVIELLO of Franklin, SHERMAN of Aroostook, THIBODEAU of Waldo, Representatives CUSHING of Hampden, HARMON of Palermo, MOULTON of York, PARKER of Veazie, WILLETTE A of Mapleton.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act To Protect Owners of Real Property

Last Update: April 17, 2011
Status: In committee
Text: LD 1477

The purpose of this bill is to establish a cause of action for property owners when the impact of government regulation on real property imposes an undue burden on the value of private property and to streamline the process for seeking relief in court. At any time before a judgment is entered, the government regulator may choose either to pay damages or compensation to the affected property owner or not to impose the regulation on that parcel.

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Sponsor: Representative CUSHING of Hampden. Cosponsored by Senator PLOWMAN of Penobscot and Senators ROSEN R of Hancock, SHERMAN of Aroostook, THIBODEAU of Waldo, Representatives GIFFORD of Lincoln, Speaker NUTTING of Oakland, WATERHOUSE of Bridgton, WINSOR of Norway.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act To Ensure Regulatory Parity among Telecommunications Providers

Last Update: April 17, 2011
Status: In committee
Text: LD 1466

This bill sets a state goal of creating a nondiscriminatory regulatory structure for all telecommunications providers, for the purpose of fostering continued competition and ensuring a free market for telecommunications services. In recognition that the Public Utilities Commission has already established a less burdensome regulatory structure for competitive telephone utilities regulated by the commission, as a first step this legislation requires that regulatory structure to be extended to all telephone utilities regulated by the commission by January 1, 2012. The 2nd step directs the commission to submit a plan to the Legislature describing the actions necessary to ensure that, by January 1, 2013, all telecommunications providers are regulated equally.

Sponsor: Representative FITTS of Pittsfield.

FILED UNDER: Miscellaneous | In committee | Legislative Session: 125

An Act To Legalize and Tax Marijuana

Last Update: April 17, 2011
Status: In committee
Text: LD 1453

This bill reforms state marijuana laws by establishing a special tax rate for marijuana, legalizing the personal use and cultivation of marijuana, legalizing and licensing certain commercial marijuana-related activities, while providing provisions to protect minors, employers and schools, and removing the registry system from the Maine Medical Use of Marijuana Act.

Part A of the bill establishes a tax rate of 7%, beginning January 1, 2012, for marijuana that is sold for commercial or medical purposes. It directs the State Controller to distribute the revenue generated by the tax equally among specific programs that benefit farmers, preserve land, assist law enforcement, provide aid to a state weatherization program and support higher education. It directs the Department of Administrative and Financial Services, Bureau of Revenue Services to report annually, beginning January 30, 2013, the amount of tax revenue generated and the amount distributed to each program to the joint standing committees of the Legislature having jurisdiction over appropriations and financial affairs and taxation matters. The bill directs the Bureau of Revenue Services to review methods for ensuring that all marijuana that is sold in the State is assessed and to report its findings and recommendations to the Joint Standing Committee on Taxation. The bureau must submit the report and any necessary legislation by November 1, 2011.

Part B of the bill allows a person 21 years of age or older to possess, purchase and use marijuana within certain limits and to cultivate a limited amount of marijuana for personal use. It allows a person to possess up to one pound of marijuana, possess marijuana paraphernalia and an incidental amount of marijuana. It allows a person to cultivate and store marijuana for personal use within 75 square feet of space and to purchase up to 2 1/2 ounces of marijuana or seedlings from someone who is licensed to sell these products. The bill includes restrictions that impose the same limitations on use that apply to tobacco. It requires those cultivating marijuana to secure it from access by unauthorized persons and access by minors. It also provides protections for schools and employers.

It includes specific requirements for the operations of commercial marijuana-related activities regarding the location of operations, security measures and record keeping as well as requirements for the licensee such as residency for a year prior to applying for a license. It allows a licensee up to 2,000 square feet of space for commercial marijuana cultivation and allows a licensee to sell no more than 2 1/2 ounces to any one individual per week. It limits the number of licenses as determined by department rule in the first year and requires that provisional licenses be automatically granted for dispensaries and persons who are registered as primary caregivers on June 30, 2011. It provides a funding mechanism for regulation of commercial marijuana-related activities. It provides special protections for minors, employers and schools.

Part C of the bill establishes the Community Policing Grant Program within the Department of Public Safety, which is funded by part of the revenue generated from the marijuana tax, to assist county and municipal law enforcement with community policing efforts. The Commissioner of Public Safety shall adopt rules for administering the program by December 1, 2011.

Part D of the bill removes the patient and primary caregiver registry system from the Maine Medical Use of Marijuana Act and repeals the provision requiring written certification from a physician for the medical use of marijuana as part of this registry system. It also repeals the requirement for patients, primary caregivers and dispensaries to keep marijuana in an enclosed, locked facility. Instead, it requires that the marijuana be secured from unauthorized access or from access by a person under 21 years of age. It allows dispensaries to acquire prepared marijuana or marijuana plants from persons licensed to cultivate or sell marijuana commercially. It updates the confidentiality and reporting requirements in the law to reflect the removal of the registry.

Part E of the bill updates the existing exceptions regarding possession of marijuana for medical use in the Maine Criminal Code.

Part F of the bill amends the existing laws on industrial hemp to allow a person to apply to the Department of Agriculture, Food and Rural Resources for a license to grow industrial hemp. It removes provisions in the law that make licensing of industrial hemp farming contingent upon federal action. This Part also updates various provisions of the Maine Revised Statutes, Title 7 and Title 22 that are affected by changes in terminology proposed to the Maine medical marijuana law in this bill.

Sponsor: Representative RUSSELL of Portland. Cosponsored by Representative CEBRA of Naples and Representatives LIBBY of Waterboro, MITCHELL of Penobscot Nation, O'BRIEN of Lincolnville, WINTLE of Garland.

FILED UNDER: Miscellaneous | In committee | Legislative Session: 125

An Act To Provide More Efficient Notice of Public Activities

Last Update: April 17, 2011
Status: In committee
Text: LD 1445

This bill changes the requirement for public notices to be published in a newspaper. Beginning July 1, 2013, a state agency may no longer publish a legal notice, legal advertising or other matter required by law to be published in a newspaper but must instead post such notices on a publicly accessible website maintained by the State. “State agency” is defined as any unit of State Government, including any state board or commission but not including the Legislature, the Judicial Department, the University of Maine System, the Maine Community College System and the Maine Maritime Academy. The Secretary of State and the Commissioner of Administrative and Financial Services shall contact all state agencies to determine all instances of legal notice publication requirements existing in the Maine Revised Statutes and request recommendations from those agencies regarding which notices should continue to be published in a newspaper after July 1, 2013. The Secretary of State and the Commissioner of Administrative and Financial Services shall jointly submit a report based on the recommendations from the state agencies, along with any necessary implementing legislation to the Joint Standing Committee of State and Local Government by December 15, 2012, and the committee is authorized to report out legislation to enact those recommendations.

Sponsor: Representative HAYES of Buckfield. Cosponsored by Representative DUCHESNE of Hudson.

FILED UNDER: Miscellaneous | In committee | Legislative Session: 125

An Act To Clarify Enforcement of Maine's Building Codes

Last Update: April 17, 2011
Status: In committee
Text: LD 1442

This bill:

1. Clarifies that the Maine Uniform Building and Energy Code must be adopted and enforced by all municipalities with a population of more than 2,000 residents by July 1, 2012;

2. Clarifies that a municipal ordinance that is inconsistent with the Maine Uniform Building and Energy Code is void in a municipality that has adopted the Maine Uniform Building and Energy Code. This provision applies retroactively to the date of adoption of the Maine Uniform Building and Energy Code, which is December 1, 2010 for certain municipalities;

3. Requires the Maine Land Use Regulation Commission to provide written notice of the existence of the Maine Uniform Building and Energy Code to an applicant for a building permit in an unorganized or de-organized territory; and

4. Prohibits a person from serving as a 3rd party inspector for the purposes of enforcing the Maine Uniform Building and Energy Code in a municipality in which that person is appointed a building official.

Sponsor: Senator BARTLETT of Cumberland.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act To Amend the Nonresident Income Tax Filing Requirements

Last Update: April 17, 2011
Status: In committee
Text: LD 1440

This bill provides new minimum taxability thresholds for nonresidents. The new thresholds permit greater income earning activity by nonresidents in the State before Maine income tax liability is triggered. The bill also excludes from the determination of taxability in the State up to 24 days of personal services related to certain training, management functions, equipment upgrades and new investment.

Sponsor: Senator WOODBURY of Cumberland. Cosponsored by Senator TRAHAN of Lincoln and Representatives BENNETT of Kennebunk, BERRY of Bowdoinham, BICKFORD of Auburn, FLEMINGS of Bar Harbor, HARMON of Palermo, KNIGHT of Livermore Falls, PILON of Saco.

FILED UNDER: Tax Related | In committee | Legislative Session: 125

An Act To Amend the Laws Governing Self-service Storage in the State

Last Update: April 17, 2011
Status: In committee
Text: LD 1428

This bill amends the Maine Self-service Storage Act. It:

1. Defines abandoned leased space, electronic mail and verified mail;

2. Adds all-terrain vehicles, off-road vehicles and recreational vehicles to the definition of "personal property";

3. Sets the date that a lien attaches to the property within a leased storage space as the date the occupant leases the space;

4. Clarifies what happens to property with a value of $750 or more and less than $750, and if the property is a motor vehicle, it clarifies that the operator of the leased space may have the motor vehicle towed with no liability to any party;

5. Clarifies how a notice must be sent;

6. Repeals the requirement that a notice of sale must be published;

7. Indicates that an operator of a self-storage facility must hold a balance from proceeds of a sale for 90 days from the date of the sale and that if the balance is not claimed after 90 days, the balance becomes the property of the operator;

8. In the case of a rental agreement, sets a maximum amount for a claim by an occupant to be the value that was set as the maximum value of the stored property in the rental agreement; and

9. Gives the operator the right to immediately take possession of the leased space and dispose of the property if the occupant abandons the leased space.

Sponsor: Senator COURTNEY of York. Cosponsored by Representative CRAFTS of Lisbon and Senators COLLINS of York, MARTIN T of Kennebec, PLOWMAN of Penobscot, THIBODEAU of Waldo, Representatives CRAY of Palmyra, WATERHOUSE of Bridgton.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act Concerning Notification to an Employer of Misrepresented Medical Information under the Maine Human Rights Act

Last Update: April 17, 2011
Status: In committee
Text: LD 1426

Under current law, information obtained through a so-called "post-offer, preemployment physical" may be shared with supervisors and managers only for purposes of informing supervisors and managers about work restrictions or accommodations necessary for that employee. This bill authorizes such disclosure for the additional purpose of informing supervisors, managers and members of an employer's management team of any misrepresentation, untruthful statement or omission of information by the applicant or employee on any medical form, record or file.

Sponsor: Senator GOODALL of Sagadahoc.

FILED UNDER: Wage and Labor Related | In committee | Legislative Session: 125

An Act To Exempt Wine Bottles from Maine's Container Redemption System

Last Update: April 07, 2011
Status: In committee
Text: LD 1417

This bill exempts wine bottles from the bottle redemption system.

Sponsor: Representative FITTS of Pittsfield. Cosponsored by Senator PLOWMAN of Penobscot.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act To Update the Bankruptcy Laws To Incorporate Federal Changes Relating to Exemptions (EMERGENCY)

Last Update: April 07, 2011
Status: In committee
Text: LD 1415

This bill amends Maine's bankruptcy laws to conform with the United States Code as it pertains to bankruptcy exemptions.

Sponsor: Representative FREDETTE of Newport. Cosponsored by Representative DAVIS of Sangerville and Representative TURNER of Burlington.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act To Require Estimates of Patient Costs in Any Plan of Care prior to Treatment

Last Update: April 07, 2011
Status: In committee
Text: LD 1393

This bill requires a health care provider to provide to a person recommended for a health care procedure or course of treatment a cost estimate of the procedure or treatment, the provider’s reasons for the procedure or treatment, other options and their costs and the amount of the cost that will be paid for by the person’s insurer. This bill also requires a health care provider to provide a cost estimate to a referring provider on a recommended procedure or course of treatment for a referred patient.

Sponsor: Representative BOLAND of Sanford. Cosponsored by Senator FARNHAM of Penobscot and Representatives BEAUDOIN of Biddeford, BURNS DC of Whiting, GOODE of Bangor, GRAHAM of North Yarmouth, MAKER of Calais, MALONEY of Augusta, NEWENDYKE of Litchfield, O'CONNOR of Berwick.

FILED UNDER: Health Care | In committee | Legislative Session: 125

An Act To Improve the Process by Which Logging Contractors Hire Legal Foreign Workers

Last Update: April 07, 2011
Status: In committee
Text: LD 1383

This bill simplifies the process for employers in the logging industry who hire employees from another country who have been given permission to work in this country.

Sponsor: Senator SAVIELLO of Franklin

FILED UNDER: Wage and Labor Related | In committee | Legislative Session: 125

An Act To Create a State-sponsored 401(k) Retirement Plan for Participation by Private Employers

Last Update: April 07, 2011
Status: In committee
Text: LD 1378

This bill directs the Finance Authority of Maine to establish a qualified defined contribution retirement investment plan eligible for favorable tax treatment under Section 401(k) of the United States Internal Revenue Code to be made available to employers who wish to offer the plan as a retirement investment option to their employees.

Sponsor: Senator WOODBURY of Cumberland. Cosponsored by Representative BICKFORD of Auburn and Senators HILL of York, RECTOR of Knox, ROSEN R of Hancock, Representatives BENNETT of Kennebunk, CHASE of Wells, FITTS of Pittsfield, HAYES of Buckfield, STRANG BURGESS of Cumberland.

FILED UNDER: Wage and Labor Related | In committee | Legislative Session: 125

An Act To Require a Boating Safety Course for New Boat Registrants

Last Update: April 07, 2011
Status: In committee
Text: LD 1375

This bill requires boating safety education for noncommercial motorboat users who cannot show proof of a motorboat registration in the last 3 years, either from the State or a jurisdiction outside of the State.

Sponsor: Representative MACDONALD of Boothbay. Cosponsored by Representative TREAT of Hallowell.

FILED UNDER: Miscellaneous | In committee | Legislative Session: 125

An Act To Adjust Payroll Processor License Fees

Last Update: April 07, 2011
Status: In committee
Text: LD 1368

This bill amends the payroll processor licensing fees by setting a fee of $100 for a payroll processor who does not handle money for payroll processor clients.

Sponsor: Representative CURTIS of Madison. Cosponsored by Senator WHITTEMORE of Somerset.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act To Amend the Maine Consumer Credit Code To Conform with Federal Law

Last Update: April 01, 2011
Status: In committee
Text: LD 1338

This bill incorporates consumer protections found in federal law and regulation, including restrictions on credit card lending found in the federal Credit Card Accountability Responsibility and Disclosure Act of 2009 and the implementing provisions of federal Regulation Z, 12 Code of Federal Regulations, Section 226.1 et seq., adopted by reference in Truth in Lending; Maine's Regulation Z-2. It also amends the Maine Consumer Credit Code's truth in lending provisions based on authority granted by the federal DoddFrank Wall Street Reform and Consumer Protection Act. The bill amends sections of the Maine Consumer Credit Code relating to the registration of loan officers, since those provisions have been supplanted by new statutes governing the licensing of mortgage loan originators.

Sponsor: Senator WHITTEMORE of Somerset. Cosponsored by Representative MORRISON of South Portland and Representatives BECK of Waterville, GOODE of Bangor, RICHARDSON W of Warren.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act To Increase Health Care Quality through the Promotion of Health Information Exchange and the Protection of Patient Privacy

Last Update: April 01, 2011
Status: In committee
Text: LD 1331

This bill amends the law regarding health information exchanges to specify when and under what circumstances information may be shared between a health care practitioner or health care facility and a health information exchange. The health information exchange must provide the ability for the client or individual to opt out. The bill specifies when information may be disclosed even if a client or individual has opted out. The bill prohibits a provider or health insurer from refusing to provide medical assistance or insurance coverage based on the individual's decision to participate or not participate in a health information exchange. The bill prohibits reference to the participation or nonparticipation of a health care practitioner or health care facility in a health information exchange from being used as evidence in negligence or other civil action.

Sponsor: Representative FOSSEL of Alna. Cosponsored by Representative MALABY of Hancock and Representatives O'CONNOR of Berwick, SANDERSON of Chelsea, SIROCKI of Scarborough.

FILED UNDER: Health Care | In committee | Legislative Session: 125

An Act To Amend the Tax Laws

Last Update: April 01, 2011
Status: In committee
Text: LD 1325

This bill makes the following changes to the laws governing taxation.

It eliminates the requirement that a visual media production company submit a copy of its certified visual media production report to the State Tax Assessor.

It imposes a specific requirement that, if the sales tax is not separately stated, a retailer must include a statement on the sales slip or invoice presented to the purchaser that the stated price includes Maine sales tax.

In Public Law 2009, chapter 620, the Legislature changed the law to provide for a reduced sales tax rate for watercraft purchased and kept in the State or brought into the State by nonresidents for more than 30 days. The bill clarifies the intent of the Legislature in changing the Maine Revised Statutes, Title 36, section 1760, subsection 25 to exempt from sales and use tax watercraft used in this State for no more than 30 days by a nonresident. The bill also repeals redundant language. The bill provides for a retroactive application of these changes to the effective date of Public Law 2009, chapter 620.

The bill clarifies and expands provisions enacted by Public Law 2009, chapter 632 that require the State Tax Assessor to post certain information relating to products used in commercial agricultural or silvicultural crop production or in animal agricultural production on the publicly accessible website of the Department of Administrative and Financial Services, Bureau of Revenue Services.

The bill removes the requirement that the State Tax Assessor issue classified permits to registered retailers and clarifies that only individual taxpayers may report sales tax on casual rentals of living quarters on their individual income tax returns. The bill provides that classified permits previously issued remain in effect.

The bill requires persons making delivery sales of cigarettes or tobacco products to obtain a distributor's license and pay Maine taxes, as provided by federal law.

The bill applies the criminal penalties for filing a false tax return or document to false tax returns and documents filed electronically.

Sponsor: Representative KNIGHT of Livermore Falls.

FILED UNDER: Tax Related | In committee | Legislative Session: 125

An Act To Create a New Liquor License, Provide Funding for Prevention of Underage Drinking and Provide Municipal Control over the Agency Liquor Store Application Process

Last Update: April 01, 2011
Status: In committee
Text: LD 1300

Current law limits the number of agency liquor stores that sell spirits based on the population of a municipality. This bill removes those limits. The bill provides that beginning January 1, 2012 a municipality may establish a limit for agency liquor stores through action of the governing body or a popular referendum. The bill also provides for a combined license for agency liquor stores that also sell beer and wine. Under current law an agency liquor store must obtain separate licenses to sell beer and wine. Finally, this bill dedicates 10% of that combined license fee to the Department of Health and Human Services, Office of Substance Abuse for underage drinking prevention.

Sponsor: Senator CRAVEN of Androscoggin. Cosponsored by Representative BICKFORD of Auburn and Senators JACKSON of Aroostook, PATRICK of Oxford, SNOWE-MELLO of Androscoggin, Representatives BEAULIEU of Auburn, LAJOIE of Lewiston.

FILED UNDER: Miscellaneous | In committee | Legislative Session: 125

An Act To Stabilize Solid Waste Management Funding

Last Update: April 01, 2011
Status: In committee
Text: LD 1278

This bill creates a 3rd subsidiary account in the Maine Solid Waste Management Fund for the purpose of purchasing additional landfill disposal capacity. The bill imposes fees on the disposal of construction and demolition debris and construction and demolition debris processing residue and imposes higher fees on certain wastes that are disposed of at a landfill granted a license to expand after October 15, 2011. The bill also provides that a disposal fee may not be imposed on construction and demolition debris and construction and demolition debris processing residue that is disposed of at a municipal, regional association or generator-owned landfill.

Sponsor: Representative DUCHESNE of Hudson. Cosponsored by Representative DILL J of Old Town and Representatives HAMPER of Oxford, JOHNSON P of Greenville, WALSH INNES of Yarmouth.

FILED UNDER: Environmental | In committee | Legislative Session: 125

An Act To Improve Hospital Reporting of MRSA Data

Last Update: March 25, 2011
Status: In committee
Text: LD 1212

This bill replaces the existing methicillinresistant Staphylococcus aureus, or MRSA, screening protocol that was adopted in 2009, which focuses on the presence of MRSA in patients as they are admitted to a hospital, and replaces it with a protocol that focuses on actual MRSA infections that occur in the patient population while at hospitals.

Sponsor: Representative MALABY of Hancock. Cosponsored by Senator ROSEN R of Hancock and Representatives BENNETT of Kennebunk, DUNPHY of Embden, FOSSEL of Alna, FREDETTE of Newport, MOULTON of York, O'CONNOR of Berwick, SANDERSON of Chelsea, SIROCKI of Scarborough.

FILED UNDER: Health Care | In committee | Legislative Session: 125

An Act To Provide Funding for a Convention Center or Civic Center in Cumberland County

Last Update: March 25, 2011
Status: In committee
Text: LD 1213

CONCEPT DRAFT SUMMARY

This bill is a concept draft pursuant to Joint Rule 208.

This bill seeks to provide a funding mechanism, including a local option tax, for the construction or renovation of a convention center or civic center in Cumberland County.

Sponsor: Representative PLUMMER of Windham. Cosponsored by Senator GERZOFSKY of Cumberland and Representatives BRYANT of Windham, CORNELL DU HOUX of Brunswick, DRISCOLL of Westbrook, HASKELL of Portland, MORRISON of South Portland, PEOPLES of Westbrook.

FILED UNDER: Tax Related | In committee | Legislative Session: 125

An Act To Encourage Computer Data Center Development

Last Update: March 24, 2011
Status: In committee
Text: LD 1259

This bill provides a sales tax refund or exemption for sales of eligible server equipment, eligible power infrastructure and electronic data storage and data management services to an eligible computer data center that begins operation between October 1, 2011 and October 1, 2014. A qualifying business must add at least 20 jobs with above-average wages within 6 years after the business first becomes eligible or the amount of exempt or refunded taxes plus interest will be recaptured by the State.

Sponsor: Senator SHERMAN of Aroostook. Cosponsored by Representative AYOTTE of Caswell and Representatives EDGECOMB of Caribou, LONG of Sherman.

FILED UNDER: Miscellaneous | In committee | Legislative Session: 125

An Act To Require Approval by the Voters of Legislation To Enact or Increase a Tax or Fee

Last Update: March 24, 2011
Status: In committee
Text: LD 1248

This bill provides that a measure enacted by the Legislature that would create or increase a tax or fee may not take effect until the measure has been approved by the voters at the next statewide election and requires the Secretary of State to post information regarding the measure on its website and include the information on the ballot.

Sponsor: Senator THIBODEAU of Waldo. Cosponsored by Senator THOMAS of Somerset and Representatives CURTIS of Madison, CUSHING of Hampden, HARMON of Palermo, MCKANE of Newcastle.

FILED UNDER: Tax Related | In committee | Legislative Session: 125

Resolve, To Direct the Bureau of Consumer Credit Protection To Recommend Changes to Credit Reporting Laws Concerning Paid Debts

Last Update: March 24, 2011
Status: In committee
Text: LD 1243

This resolve directs the Department of Professional and Financial Regulation, Bureau of Consumer Credit Protection to review the credit reporting debt collection laws specifically concerning debtors whose credit reports do not correctly reflect the payment of debt. The bureau is directed to submit its findings, recommendations and suggested legislation to the Joint Standing Committee on Insurance and Financial Services, which is authorized to submit a bill to the Second Regular Session of the 125th Legislature.

Sponsor: Senator GOODALL of Sagadahoc. Cosponsored by Senator GERZOFSKY of Cumberland and Senator HILL of York.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act To Remove the Requirement That Employers Offer Substance Abuse Services to Employees Who Fail Drug Tests

Last Update: March 24, 2011
Status: In committee
Text: LD 1241

This bill removes the requirement that an employer must provide an opportunity to participate in a substance abuse rehabilitation program to an employee after the employee has received a confirmed positive result on a substance abuse test. The bill also requires that an employer that requires, requests or suggests that employees submit to substance abuse testing on a random or arbitrary basis must also require, request or suggest that supervisory personnel submit to a substance abuse test on a random or arbitrary basis and similarly submit to substance abuse testing on a random or arbitrary basis.

The bill also allows an employer to require, request or suggest an employee submit to substance abuse testing if the employee causes a work-related accident that results in property damage, personal injury or loss of life or a citation or summons being issued to the employee by a law enforcement officer. The bill also removes the provision stating that it is the intent of the Legislature to narrowly construe the requirement concerning random testing of an employee who works in a position where being under the influence of a substance of abuse would place the health and safety of the public or coworkers under unreasonable threat.

Sponsor: Representative BICKFORD of Auburn. Cosponsored by Senator ROSEN R of Hancock and Representatives BEAULIEU of Auburn, BURNS DC of Whiting, ESPLING of New Gloucester, GIFFORD of Lincoln, MALABY of Hancock, TUTTLE of Sanford, WEAVER of York, WINTLE of Garland.

FILED UNDER: Wage and Labor Related | In committee | Legislative Session: 125

An Act To Establish the Maine Back to Work Program

Last Update: March 24, 2011
Status: In committee
Text: LD 1238

This bill creates the Maine Back to Work Program to provide workplace training to certain eligible unemployment insurance beneficiaries. The bill establishes the program within the Department of Labor, Bureau of Unemployment Compensation to allow an eligible participant who is receiving unemployment insurance benefits pursuant to the Employment Security Law to receive workplace training from an eligible employer.

The department is directed to solicit input from the Georgia Department of Labor regarding the design and implementation of the program. The bill also directs the department to consult and abide by the program guidance and parameters, as necessary, set forth in the federal Training and Employment Guidance Letter No. 12-09, dated January 29, 2010, or any subsequent program guidance relevant to the program, issued by the United States Department of Labor, Employment and Training Administration.

The bill stipulates that the program must be consistent with, and eligible participants afforded the protections provided by, all applicable anti-discrimination statutes.

The bill makes it clear that persons receiving unemployment benefits continue to receive those benefits while participating in the program.

Sponsor: Representative BICKFORD of Auburn. Cosponsored by Senator THOMAS of Somerset and Representatives BERRY of Bowdoinham, COTTA of China, CRAFTS of Lisbon, DION of Portland, GIFFORD of Lincoln, KNIGHT of Livermore Falls, WEAVER of York, WILLETTE A of Mapleton.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act To Allow a Tax-free Employee Illness Account

Last Update: March 24, 2011
Status: In committee
Text: LD 1235

This bill allows an employer to establish an illness account for employees who do not receive compensated sick leave. Both the employer and employee may contribute to the illness account up to an amount equal to one week of the employee's wages, and the employee may withdraw funds from the account equal to one hour of the employee's wages for every hour the employee is unable to perform the employee's duties due to illness. The employee may also withdraw an amount up to the entire amount in the illness account once every year. The funds contributed to the account are not subject to state unemployment tax or income tax.

Sponsor: Representative COTTA of China. Cosponsored by Senator KATZ of Kennebec and Representatives BEAULIEU of Auburn, BOLAND of Sanford, DILL J of Old Town, HARVELL of Farmington, KESCHL of Belgrade, RICHARDSON W of Warren, WILLETTE M of Presque Isle.

FILED UNDER: Wage and Labor Related | In committee | Legislative Session: 125

An Act To Prohibit Enforcement by a Federal or State Official of the Federal Patient Protection and Affordable Care Act

Last Update: March 24, 2011
Status: In committee
Text: LD 1233

This bill expresses the findings of the Legislature that the federal Patient Protection and Affordable Care Act, signed into law by President Barack Obama on March 23, 2010, is in violation of the United States Constitution, Amendment X and, as such, is considered null and void in Maine. This bill prohibits a federal or state official, agent or employee from enforcing the federal Patient Protection and Affordable Care Act, or any other statute, law, rule, regulation or order made in connection with that Act. Violation by a federal official is a Class C crime, punishable by up to 5 years in prison and a fine of up to $5,000. Violation by a state official is a Class D crime, punishable by less than one year in jail and a fine of up to $2,000. The bill also allows a civil cause of action.

Sponsor: Representative LIBBY of Waterboro. Cosponsored by Senator SHERMAN of Aroostook and Senator COURTNEY of York, Representatives CEBRA of Naples, CRAFTS of Lisbon, CRAY of Palmyra, GIFFORD of Lincoln, O'CONNOR of Berwick, PARKER of Veazie, SIROCKI of Scarborough.

FILED UNDER: Health Care | In committee | Legislative Session: 125

An Act To Prohibit Smoking in Private Clubs Except in Separate Enclosed Areas

Last Update: March 24, 2011
Status: In committee
Text: LD 1230

Current law allows smoking in private clubs, such as those operated by fraternal orders or veterans’ organizations, under certain conditions, such as when approved by a vote of the members of the club. This bill prohibits smoking in private clubs except in designated outdoor smoking areas and enclosed indoor areas designed to prevent the escape of smoke into the rest of the club.

Sponsor: Representative BLODGETT of Augusta. Cosponsored by Senator CRAVEN of Androscoggin and Senator SAVIELLO of Franklin, Representatives BOLAND of Sanford, EVES of North Berwick, GRAHAM of North Yarmouth, KNIGHT of Livermore Falls, SANBORN of Gorham, STEVENS of Bangor.

FILED UNDER: Miscellaneous | In committee | Legislative Session: 125

An Act To Prevent and Treat Cancer in Maine by Implementing Critical Portions of the Comprehensive Cancer Program

Last Update: March 24, 2011
Status: In committee
Text: LD 1226

This bill provides funding for a portion of the cancer prevention and control program plan originally enacted into law during the First Regular Session of the 123rd Legislature by providing an ongoing Other Special Revenue Funds allocation for a comprehensive cancer screening, detection and prevention program. This bill requires all tobacco products other than cigarettes to be taxed at the rate of $2.00 per ounce to provide the funding.

Sponsor: Representative STRANG BURGESS of Cumberland. Cosponsored by Senator SAVIELLO of Franklin and Senators GERZOFSKY of Cumberland, HOBBINS of York, WOODBURY of Cumberland, Representatives BEAUDOIN of Biddeford, BEAVERS of South Berwick, BERRY of Bowdoinham, BLACK of Wilton, BLODGETT of Augusta, BOLAND of Sanford, BRIGGS of Mexico, BURNS DC of Whiting, CAREY of Lewiston, CELLI of Brewer, CHIPMAN of Portland, CLARK H of Millinocket, CLARKE of Bath, CUSHING of Hampden, DAMON of Bangor, DILL C of Cape Elizabeth, DION of Portland, EDGECOMB of Caribou, FITZPATRICK of Houlton, GILBERT of Jay, GRAHAM of North Yarmouth, GUERIN of Glenburn, HANLEY of Gardiner, HARLOW of Portland, HARMON of Palermo, HINCK of Portland, HOGAN of Old Orchard Beach, HUNT of Buxton, JOHNSON D of Eddington, KAENRATH of South Portland, KUMIEGA of Deer Isle, LAJOIE of Lewiston, LONGSTAFF of Waterville, MAKER of Calais, MALABY of Hancock, MALONEY of Augusta, MARTIN J of Eagle Lake, MCFADDEN of Dennysville, MORRISON of South Portland, PARKER of Veazie, PEOPLES of Westbrook, PETERSON of Rumford, PICCHIOTTI of Fairfield, RANKIN of Hiram, ROCHELO of Biddeford, ROSEN K of Bucksport, RUSSELL of Portland, STEVENS of Bangor, THERIAULT of Madawaska, TIMBERLAKE of Turner, TUTTLE of Sanford, VOLK of Scarborough, WAGNER of Lewiston, WALSH INNES of Yarmouth, WOOD of Sabattus.

FILED UNDER: Health Care | In committee | Legislative Session: 125

An Act To Create an Income Tax Return Checkoff To Fund Cancer Screening, Detection and Prevention

Last Update: March 24, 2011
Status: In committee
Text: LD 1225

This bill creates a checkoff on the income tax form to allow tax filers to donate to the Comprehensive Cancer Screening, Detection and Prevention Fund for funding the cancer prevention and control program.

Sponsor: Representative STRANG BURGESS of Cumberland. Cosponsored by President RAYE of Washington and Senators COLLINS of York, COURTNEY of York, GERZOFSKY of Cumberland, HASTINGS of Oxford, HOBBINS of York, LANGLEY of Hancock, MARTIN T of Kennebec, RECTOR of Knox, SAVIELLO of Franklin, SCHNEIDER of Penobscot, Representatives BEAUDOIN of Biddeford, BEAVERS of South Berwick, BECK of Waterville, BELIVEAU of Kittery, BERRY of Bowdoinham, BLACK of Wilton, BLODGETT of Augusta, BOLAND of Sanford, BRIGGS of Mexico, BURNS DC of Whiting, CELLI of Brewer, CHASE of Wells, CHIPMAN of Portland, CLARK H of Millinocket, CLARKE of Bath, CURTIS of Madison, DAMON of Bangor, DAVIS of Sangerville, DILL C of Cape Elizabeth, DION of Portland, EDGECOMB of Caribou, ESPLING of New Gloucester, FITZPATRICK of Houlton, FOSTER of Augusta, GILBERT of Jay, GRAHAM of North Yarmouth, GUERIN of Glenburn, HANLEY of Gardiner, HARLOW of Portland, HARMON of Palermo, HOGAN of Old Orchard Beach, HUNT of Buxton, JOHNSON D of Eddington, KAENRATH of South Portland, KESCHL of Belgrade, KUMIEGA of Deer Isle, LAJOIE of Lewiston, LONGSTAFF of Waterville, MAKER of Calais, MALABY of Hancock, MARTIN J of Eagle Lake, MCCLELLAN of Raymond, MCFADDEN of Dennysville, MORRISON of South Portland, NELSON of Falmouth, O'CONNOR of Berwick, OLSEN of Phippsburg, PARKER of Veazie, PARRY of Arundel, PEOPLES of Westbrook, PETERSON of Rumford, PICCHIOTTI of Fairfield, RANKIN of Hiram, ROCHELO of Biddeford, ROSEN K of Bucksport, RUSSELL of Portland, Soctomah of Passamaquoddy Tribe, STEVENS of Bangor, THERIAULT of Madawaska, TIMBERLAKE of Turner, TUTTLE of Sanford, VOLK of Scarborough, WAGNER of Lewiston, WALSH INNES of Yarmouth, WILLETTE A of Mapleton, WOOD of Sabattus.

FILED UNDER: Tax Related | In committee | Legislative Session: 125

An Act To Fund the Screening and Early Detection Elements of the Statewide Cancer Plan

Last Update: March 24, 2011
Status: In committee
Text: LD 1224

This bill provides funding for the comprehensive cancer screening and detection elements of the statewide cancer prevention and control program by providing an ongoing appropriation from the Fund for a Healthy Maine.

Sponsor: Representative STRANG BURGESS of Cumberland. Cosponsored by President RAYE of Washington and Senators COLLINS of York, COURTNEY of York, GERZOFSKY of Cumberland, HASTINGS of Oxford, HOBBINS of York, LANGLEY of Hancock, MARTIN T of Kennebec, RECTOR of Knox, SAVIELLO of Franklin, WOODBURY of Cumberland, Representatives AYOTTE of Caswell, BEAUDOIN of Biddeford, BEAVERS of South Berwick, BERRY of Bowdoinham, BLACK of Wilton, BLODGETT of Augusta, BOLAND of Sanford, BRIGGS of Mexico, BURNS DC of Whiting, CELLI of Brewer, CHIPMAN of Portland, CLARK H of Millinocket, CLARKE of Bath, COTTA of China, CURTIS of Madison, DAMON of Bangor, DAVIS of Sangerville, DILL C of Cape Elizabeth, DION of Portland, EDGECOMB of Caribou, FITZPATRICK of Houlton, GILBERT of Jay, GRAHAM of North Yarmouth, HARLOW of Portland, HARMON of Palermo, HOGAN of Old Orchard Beach, HUNT of Buxton, JOHNSON D of Eddington, KAENRATH of South Portland, KESCHL of Belgrade, KUMIEGA of Deer Isle, LAJOIE of Lewiston, LONGSTAFF of Waterville, MAKER of Calais, MALABY of Hancock, MARTIN J of Eagle Lake, MCCLELLAN of Raymond, MCFADDEN of Dennysville, MORRISON of South Portland, PARKER of Veazie, PARRY of Arundel, PEOPLES of Westbrook, PETERSON of Rumford, PICCHIOTTI of Fairfield, RANKIN of Hiram, ROCHELO of Biddeford, ROSEN K of Bucksport, RUSSELL of Portland, Soctomah of Passamaquoddy Tribe, STEVENS of Bangor, THERIAULT of Madawaska, TIMBERLAKE of Turner, TUTTLE of Sanford, VOLK of Scarborough, WAGNER of Lewiston, WALSH INNES of Yarmouth, WOOD of Sabattus.

FILED UNDER: Health Care | In committee | Legislative Session: 125

An Act Regarding Credit Card Transactions for InforME Services

Last Update: March 24, 2011
Status: In committee
Text: LD 1223

This bill requires any fee charged for using a credit card to pay a municipal charge, such as a tax or license fee, through the InforME system to be paid by the user and not the municipality.

Sponsor: Representative KESCHL of Belgrade. Cosponsored by Senator KATZ of Kennebec and Representatives CHIPMAN of Portland, COTTA of China, GILLWAY of Searsport, KNIGHT of Livermore Falls, MORISSETTE of Winslow, NEWENDYKE of Litchfield, PICCHIOTTI of Fairfield, SANDERSON of Chelsea.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act To Encourage Prompt Payments by the State When It Contracts with Outside Agencies

Last Update: March 24, 2011
Status: In committee
Text: LD 1221

Current law allows a vendor to charge a reasonable late fee if a state agency does not make the required payment for an invoice on time. This bill requires a state agency that does not make the required payment on time to pay a late fee of 1 1/2% per month unless the contract includes a different amount to be levied if payment is late.

Sponsor: Representative MOULTON of York. Cosponsored by Senator SULLIVAN of York and Senator COLLINS of York, Representatives CROCKETT of Bethel, EVES of North Berwick, GILLWAY of Searsport, HARVELL of Farmington, PILON of Saco, WINSOR of Norway.

FILED UNDER: Miscellaneous | In committee | Legislative Session: 125

An Act To Exempt Small Distributors from Unclaimed Deposit Requirements

Last Update: March 24, 2011
Status: In committee
Text: LD 1210

This bill exempts from the unclaimed beverage container deposit requirements small distributors who each calendar year sell no more than 100,000 gallons or 500,000 containers of product.

Sponsor: Representative HERBIG of Belfast. Cosponsored by Senator WOODBURY of Cumberland and Senator BARTLETT of Cumberland, Representatives EBERLE of South Portland, GILLWAY of Searsport, HARLOW of Portland, O'BRIEN of Lincolnville, RIOUX of Winterport, WELSH of Rockport.

FILED UNDER: Miscellaneous | In committee | Legislative Session: 125

An Act To Amend the Labor Laws Relating to Certain Agricultural Employees

Last Update: March 24, 2011
Status: In committee
Text: LD 1207

This bill removes the provision that requires that individuals employed for or at an egg processing facility that has over 300,000 laying birds be paid overtime. It also repeals the laws that govern labor relations between agricultural workers and an agricultural employer that operates an egg processing facility that has over 500,000 laying birds and that employs more than 100 agricultural employees.

Sponsor: Representative CRAFTS of Lisbon. Cosponsored by Senator MASON of Androscoggin and Representatives BLACK of Wilton, BURNS DR of Alfred, FREDETTE of Newport, LIBBY of Waterboro, NEWENDYKE of Litchfield, WINTLE of Garland, WOOD of Sabattus.

FILED UNDER: Wage and Labor Related | In committee | Legislative Session: 125

An Act To Reduce Regulations for Residential Rental Property Owners

Last Update: March 24, 2011
Status: In committee
Text: LD 1198

This bill makes changes to the residential rental property laws, including:

1. Eliminating the presumption that a forcible entry and detainer action commencing after a tenant files a fair housing complaint is retaliatory;

2. Removing, in a forcible entry and detainer action, the tenant's affirmative defense that the landlord failed to provide reasonable accommodation pursuant to the Maine Human Rights Act or the federal Fair Housing Act;

3. Preventing the tenant from raising the presumption of retaliation if the forcible entry and detainer action is being brought for failure to pay the rent or substantial damage to the premises by the tenant;

4. Requiring a tenant disputing a forcible entry and detainer action to submit an affidavit to the court that the tenant is not in arrears in payment of the rent as of the date of the filing of the forcible entry and detainer action;

5. Changing the responsibilities of a landlord regarding property abandoned by the tenant, including allowing the landlord to require that the tenant pay any rent or storage fees to the landlord prior to the landlord's releasing the property;

6. Removing the requirement that the landlord disclose to a prospective tenant the existence of a bedbug infestation in a neighboring unit and the history of inspection of the rental units;

7. Requiring the landlord to provide energy efficiency disclosures only upon request by a prospective tenant; and

8. Amending the radon testing requirements to require testing only when the residential rental property is acquired by a landlord and only for those units on the lowest level of that residential property.

Sponsor: Representative PICCHIOTTI of Fairfield. Cosponsored by Senator SNOWE-MELLO of Androscoggin and Senator WHITTEMORE of Somerset, Representatives COTTA of China, FITTS of Pittsfield, LONGSTAFF of Waterville, MCKANE of Newcastle, MORISSETTE of Winslow, RICHARDSON W of Warren, SANDERSON of Chelsea.

FILED UNDER: Miscellaneous | In committee | Legislative Session: 125

An Act To Encourage Business Development by Limiting the Time a Utility May Hold a Business Customer's Deposit

Last Update: March 24, 2011
Status: In committee
Text: LD 1191

This bill provides that a public utility may hold a deposit from a nonresidential customer for no longer than one year, after which time the deposit must be returned to the customer.

Sponsor: Representative MACDONALD of Boothbay. Cosponsored by Senator BARTLETT of Cumberland and Representatives BEAVERS of South Berwick, BOLDUC of Auburn, DILL J of Old Town, KRUGER of Thomaston, KUMIEGA of Deer Isle, PEOPLES of Westbrook, RUSSELL of Portland, TREAT of Hallowell.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act To Implement a Maine Unemployment Insurance Work-sharing Program

Last Update: March 18, 2011
Status: In committee
Text: LD 269

This bill creates a worksharing program that provides an alternative to layoffs during a temporary slowdown in business. Under a work-sharing plan, an employer elects to avoid layoffs by reducing the number of regularly scheduled hours of work for all workers in a specific unit or department or the business as a whole. Unemployment insurance benefits for the reduced hours of work are then payable as a proportion of the benefit amount for a full week of unemployment.

A worksharing plan is voluntary on the part of the employer. A plan must be approved by the Commissioner of Labor or the commissioner's designee and, if the employees are unionized, by their collective bargaining agent.

Sponsor: Representative Russell of Portland

FILED UNDER: Wage and Labor Related | In committee | Legislative Session: 125

An Act To Mandate That the School Year Not Begin before September 1st

Last Update: March 18, 2011
Status: In committee
Text: LD 395

The bill provides that beginning with school year 2012-2013, the academic year for elementary schools, secondary schools, the University of Maine System and the Maine Community College System may not begin before September 1st, except that elementary and secondary schools are exempt for school days in which students are not required to attend or participate, and school administrative units that receive an exemption from the Commissioner of Education because students of the school administrative unit are involved in an agricultural harvest are also exempt.

Sponsor: Senator LANGLEY of Hancock. Cosponsored by Representative MALABY of Hancock and Representatives STRANG BURGESS of Cumberland, WAGNER of Lewiston.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act To Allow the Placement of Certain Road Signs That Advertise a Small Business

Last Update: March 18, 2011
Status: In committee
Text: LD 135

This bill allows a person or business that employs fewer than 10 persons to place a sign on private property within one mile of the place of business without a license or permit.

Sponsor: Representative Davis of Sangerville

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act To Make the Cashier or Clerk Who Sells Alcoholic Beverages or Tobacco to an Underage Person Responsible for Paying the Fine

Last Update: March 18, 2011
Status: Undetermined
Text: LD 481

This bill amends the laws concerning sales of tobacco and alcohol to minors by removing the liability of an employer who did not have knowledge of an employee's violation.

Sponsor: Representative AYOTTE of Caswell. Cosponsored by Senator SHERMAN of Aroostook and Representatives CLARK T of Easton, CURTIS of Madison, DAVIS of Sangerville, EDGECOMB of Caribou, LONG of Sherman.

FILED UNDER: General Business | Undetermined | Legislative Session: 125

An Act To Amend the Dual Liquor License Law

Last Update: March 18, 2011
Status: In committee
Text: LD 1140

This bill allows a licensee who has a dual liquor license to serve wine and malt liquor on the premises. This bill also extends the time that wine and malt liquor may be served to 11:00 p.m.

Sponsor: Representative PILON of Saco. Cosponsored by Senator LANGLEY of Hancock and Senator HOBBINS of York, Representatives BENNETT of Kennebunk, CAREY of Lewiston, RUSSELL of Portland, VALENTINO of Saco.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act To Amend the Laws Governing the Sale of Certain Tobacco Products

Last Update: March 18, 2011
Status: In committee
Text: LD 1119

This bill prohibits the sale of flavored tobacco wrappers, including blunt wraps.

Sponsor: Representative STRANG BURGESS of Cumberland. Cosponsored by Senator SAVIELLO of Franklin and Senator CRAVEN of Androscoggin, Representatives BERRY of Bowdoinham, EVES of North Berwick, FOSSEL of Alna, KNIGHT of Livermore Falls, MALABY of Hancock, PETERSON of Rumford, SANBORN of Gorham.

FILED UNDER: Miscellaneous | In committee | Legislative Session: 125

An Act To Enhance Economic Development by Encouraging Job and Business Growth in Maine's Aviation Industry

Last Update: March 18, 2011
Status: In committee
Text: LD 1096

Current law provides an exemption from sales tax for aircraft purchased or leased by a nonresident and immediately transported out of the State and for certain other specifically designated aircraft.

This bill expands the current exemption to include sales and leases of all aircraft by a person, regardless of the type of aircraft or the state of residency of the purchaser. This bill also exempts sales of repair and replacement parts used exclusively in aircraft and in the overhauling and rebuilding of aircraft.

The exemptions are retroactive to July 1, 2008.

Sponsor: Senator GERZOFSKY of Cumberland. Cosponsored by Representative PRIEST of Brunswick and Senators COLLINS of York, COURTNEY of York, DIAMOND of Cumberland, GOODALL of Sagadahoc, HASTINGS of Oxford, HOBBINS of York, PLOWMAN of Penobscot, President RAYE of Washington, Representatives BICKFORD of Auburn, BRYANT of Windham, BURNS DC of Whiting, CAIN of Orono, CAREY of Lewiston, CLARKE of Bath, HASKELL of Portland, KNIGHT of Livermore Falls, MAZUREK of Rockland.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act Regarding Prequalification Standards for Contractors

Last Update: March 18, 2011
Status: In committee
Text: LD 1085

This bill directs the Department of Administrative and Financial Services, Bureau of General Services to adopt the same annual contractor pre-qualification process as the Department of Transportation by January 1, 2012. It also directs the Bureau of General Services to adopt the same renewal pre-qualification process as the Department of Transportation.

Sponsor: Senator MARTIN T of Kennebec. Cosponsored by Senator TRAHAN of Lincoln and Representative HARVELL of Farmington.

FILED UNDER: Wage and Labor Related | In committee | Legislative Session: 125

An Act To Amend the Audit and Enforcement Functions of the Workers' Compensation Board

Last Update: March 18, 2011
Status: In committee
Text: LD 1078

This bill amends the audit and enforcement functions of the Workers' Compensation Board.

1. It eliminates the duty of the board to monitor the claims handling practices of insurers, self-insurers, the Maine Insurance Guaranty Association and 3rd-party administrators and eliminates the monitoring program.

2. It requires that, in order for the board to audit an insurer, self-insurer, the Maine Insurance Guaranty Association or a 3rd-party administrator, the board have probable cause to believe that an insurer, self-insurer, the Maine Insurance Guaranty Association or a 3rd-party administrator has not met an obligation under the Maine Workers' Compensation Act of 1992.

3. It eliminates the board's authority to assess penalties on employers, insurers or 3rd-party administrators that engage in a pattern of questionable claims-handling techniques or repeated unreasonably contested claims.

Sponsor: Representative CUSHING of Hampden. Cosponsored by Senator COURTNEY of York and Senators PLOWMAN of Penobscot, THIBODEAU of Waldo, Representatives CRAY of Palmyra, CURTIS of Madison, PARKER of Veazie, PRESCOTT of Topsham, WEAVER of York.

FILED UNDER: Wage and Labor Related | In committee | Legislative Session: 125

An Act To Limit Increases in the Unemployment Contribution Rate

Last Update: March 18, 2011
Status: In committee
Text: LD 1057

This bill requires a vote of 2/3 of the members of the Senate present and voting for an increase in the unemployment contribution rate that is scheduled to go into effect within 5 years of the effective date of the increase.

Sponsor: Representative CUSHING of Hampden. Cosponsored by Senator PLOWMAN of Penobscot and Senators COURTNEY of York, THIBODEAU of Waldo, Representatives CRAY of Palmyra, CURTIS of Madison, HAMPER of Oxford, PARKER of Veazie, PRESCOTT of Topsham, WEAVER of York.

FILED UNDER: Wage and Labor Related | In committee | Legislative Session: 125

An Act Regarding the Computation of Workers' Compensation Rates Based on Past Claims

Last Update: March 18, 2011
Status: In committee
Text: LD 1055

Under current law, an employer is placed in a high-risk pool if the employer has at least 2 lost-time claims, each greater than $10,000 of incurred loss during the previous 3year experience rating period. This bill increases the incurred loss amount from $10,000 to $40,000.

Sponsor: Representative FITZPATRICK of Houlton. Cosponsored by Senator WHITTEMORE of Somerset and Representatives DOW of Waldoboro, FITTS of Pittsfield, HAMPER of Oxford, LOVEJOY of Portland, MCKANE of Newcastle, MORRISON of South Portland, RICHARDSON W of Warren, TILTON of Harrington.

FILED UNDER: Wage and Labor Related | In committee | Legislative Session: 125

An Act To Amend the Application of the Maine Human Rights Act Regarding Public Accommodations

Last Update: March 18, 2011
Status: In committee
Text: LD 1046

This bill provides that it is not unlawful public accommodations discrimination, in violation of the Maine Human Rights Act, for a public or private entity to restrict rest room or shower facilities that are part of public accommodations to restrict the use of single sex facilities to members of a biological sex regardless of sexual orientation. Unless otherwise indicated, a rest room or shower facility designated for one biological sex is presumed to be restricted to that biological sex.

Sponsor: Representative FREDETTE of Newport. Cosponsored by Senator MASON of Androscoggin and Representatives CRAFTS of Lisbon, CURTIS of Madison, CUSHING of Hampden, DAVIS of Sangerville, FITTS of Pittsfield, TURNER of Burlington, WINTLE of Garland.

FILED UNDER: Wage and Labor Related | In committee | Legislative Session: 125

An Act To Limit the Use of Social Security Numbers by State Agencies

Last Update: March 18, 2011
Status: In committee
Text: LD 1008

This bill prohibits state agencies from including an individual's social security number in written correspondence. The prohibition does not apply to federal forms or tax forms. The bill defines "state agency" to mean the State and any office, department, agency, authority, commission, board, institution, hospital or other instrumentality of the State, including the Maine Turnpike Authority, the Maine Port Authority, the Northern New England Passenger Rail Authority, the Maine Community College System, the Maine Veterans' Homes, the Maine Public Employees Retirement System, the Maine Military Authority and all such other state entities.

Sponsor: Representative KNAPP of Gorham. Cosponsored by Representative CHASE of Wells and Representatives DRISCOLL of Westbrook, FOSSEL of Alna, MORRISON of South Portland, PILON of Saco, PLUMMER of Windham, WAGNER of Lewiston.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act To Establish a New Method of Determining the State Budget

Last Update: March 13, 2011
Status: In committee
Text: LD 381

This bill shifts the start of the fiscal biennium for the state budget from the first regular session of the Legislature to the second regular session of the Legislature, beginning with the fiscal year that begins on July 1, 2014. This bill also provides that the state budget beginning on July 1, 2013 is a one-year budget.

Sponsor: Representative AYOTTE of Caswell. Cosponsored by President RAYE of Washington and Senators ROSEN R of Hancock, SHERMAN of Aroostook, Representatives CAIN of Orono, CURTIS of Madison.

FILED UNDER: Miscellaneous | In committee | Legislative Session: 125

An Act To Promote Rural Job Creation and Workforce Development

Last Update: March 11, 2011
Status: In committee
Text: LD 954

This bill gives a preference in state contracting to bidders who primarily employ residents of the State and to bidders who coordinate with regional workforce development programs and who fill at least 20% of positions on the project with low income or long term unemployed people. The bill requires that successful bidders on public building or public works contracts with the State, counties, cities and towns and every charitable or educational institution that is supported in whole or in part by aid granted by the State or by a municipality commit to coordinate with regional workforce development programs and make best efforts to hire low-income and long-term unemployed people. The bill also requires state public works programs to give hiring preference to residents of the county where the work is being performed.

Sponsor: Senator BARTLETT of Cumberland. Cosponsored by Senator ALFOND of Cumberland and Senators JACKSON of Aroostook, PATRICK of Oxford, Representative DRISCOLL of Westbrook.

FILED UNDER: Wage and Labor Related | In committee | Legislative Session: 124

An Act To Amend the Sales and Use Tax Exemption for an Aircraft Purchased Outside of Maine by Nonresidents

Last Update: March 11, 2011
Status: In committee
Text: LD 946

This bill amends the existing sales, storage and use tax exemption for an aircraft purchased outside of the State by a nonresident by removing limitations on the use of the aircraft in this State during the 12 months following purchase.

Sponsor: President RAYE of Washington. Cosponsored by Speaker NUTTING of Oakland and Senators COURTNEY of York, GERZOFSKY of Cumberland, HASTINGS of Oxford, HOBBINS of York, LANGLEY of Hancock, Representatives CAIN of Orono, FLEMINGS of Bar Harbor, LUCHINI of Ellsworth.

FILED UNDER: Tax Related | In committee | Legislative Session: 125

An Act To Require That Liquor Be Sold at a Profit

Last Update: March 11, 2011
Status: In committee
Text: LD 902

This bill prohibits the sale of liquor at a price that does not provide a profit to the seller.

Sponsor: Representative RUSSELL of Portland. Cosponsored by Representative CROCKETT of Bethel and Representatives DION of Portland, HASKELL of Portland.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act To Prohibit Individuals under 21 Years of Age from Being in Certain Establishments Licensed To Sell Alcohol

Last Update: March 11, 2011
Status: In committee
Text: LD 901

This bill repeals the exceptions that allow minors to be on the premises of establishments licensed to sell alcohol as a Class A lounge and clarifies that minors are not allowed on the premises.

Sponsor: Representative RUSSELL of Portland. Cosponsored by Representative DION of Portland and Representative HASKELL of Portland.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act To Reduce Fraud in Bottle Deposit Redemption

Last Update: March 11, 2011
Status: In committee
Text: LD 900

This bill allows an initiator of deposit to bring a civil action against any person, other than a licensed redemption center, who is found in possession of or knowingly tenders to a redemption center or retailer more than 48 beverage containers that were not originally sold in this State.

This bill also increases the penalty for possession of containers not originally sold in this State to be consistent with the penalty for tendering such containers and removes the firstyear warning period from the penalty provision.

Sponsor: Representative HUNT of Buxton. Cosponsored by Senator RECTOR of Knox and Representative PRESCOTT of Topsham.

FILED UNDER: Miscellaneous | In committee | Legislative Session: 125

An Act To Reform the Maine Estate Tax

Last Update: March 11, 2011
Status: In committee
Text: LD 898

This bill provides a different method of calculation of the Maine estate tax. Instead of calculating the estate tax based on prior federal law, the bill establishes a progressive rate structure for estates that exceed an exemption amount of $1,000,000 for persons who die after December 31, 2010.

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Sponsor: Senator HASTINGS of Oxford. Cosponsored by Representative KNIGHT of Livermore Falls and Senators HILL of York, HOBBINS of York, ROSEN R of Hancock, WOODBURY of Cumberland.

FILED UNDER: Tax Related | In committee | Legislative Session: 125

An Act To Require an Employer To Provide Notification Regarding the Employer's Personal Leave Policy to Employees

Last Update: March 11, 2011
Status: In committee
Text: LD 893

This bill requires that an employer provide notice to an employee regarding whether the terms of employment include provisions for paid personal leave and whether upon cessation of employment accrued personal leave has the same status as wages earned. The notification may be accomplished by including in an employee handbook the policy on personal leave or by posting the policy on personal leave in a conspicuous common area in the place of employment.

Sponsor: Senator CRAVEN of Androscoggin. Cosponsored by Senator JACKSON of Aroostook and Senator PATRICK of Oxford, Representative LAJOIE of Lewiston.

FILED UNDER: Wage and Labor Related | In committee | Legislative Session: 125

An Act To Limit Health Care Mandates

Last Update: March 11, 2011
Status: In committee
Text: LD 882

This bill prohibits carriers from offering a health plan in this State on or after January 1, 2014 that exceeds the minimum essential benefits package determined in accordance with federal law.

The bill also requires the Department of Professional and Financial Regulation, Bureau of Insurance to evaluate the minimum essential benefits package to be determined by the Secretary of the United States Department of Health and Human Services in comparison to existing mandated health insurance benefits required by state law. The bill directs the bureau to determine which mandated benefits are not included in the federal minimum essential benefits package and develop proposed legislation to eliminate those mandated benefits in state law. The bureau must submit its report within 3 months of the adoption of the minimum essential benefits package. The bill authorizes the joint standing committee of the Legislature having jurisdiction over insurance and financial services matters to report out a bill based on the report to the First Regular Session of the 126th Legislature.

Sponsor: Representative RICHARDSON W of Warren. Cosponsored by Senator WHITTEMORE of Somerset and Representatives MCKANE of Newcastle, PICCHIOTTI of Fairfield.

FILED UNDER: Health Care | In committee | Legislative Session: 125

An Act To Allow a 4-day School Week

Last Update: March 11, 2011
Status: In committee
Text: LD 871

This bill authorizes a school administrative unit to use an alternative school calendar of 4 days of student instruction per week if that calendar provides for an amount of student instruction equivalent to that provided by a traditional school calendar.

Sponsor: Senator SULLIVAN of York. Cosponsored by Senator MASON of Androscoggin and Representative JOHNSON P of Greenville.

FILED UNDER: Wage and Labor Related | In committee | Legislative Session: 125

An Act To Reduce the Minimum Amount of Product Required To Be Purchased by Agency Liquor Stores for Licensure

Last Update: March 11, 2011
Status: In committee
Text: LD 864

This bill reduces the minimum dollar amount of product an agency liquor store is required to stock in order to be licensed from $10,000 to $5,000. The bill also requires the Department of Public Safety to amend its rules to implement the provisions of the bill.

Sponsor: Senator JACKSON of Aroostook. Cosponsored by Representative THERIAULT of Madawaska and Representatives CAREY of Lewiston, MARTIN J of Eagle Lake, VALENTINO of Saco.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act To Extend the Time by Which Certified Plans for a Subdivision Must Be Filed

Last Update: March 11, 2011
Status: In committee
Text: LD 861

This bill extends the time by which certified plans for a subdivision must be filed from 30 days to 90 days.

Sponsor: Senator THOMAS of Somerset. Cosponsored by Representative COTTA of China and Representative HARVELL of Farmington.

FILED UNDER: Miscellaneous | In committee | Legislative Session: 125

An Act To Amend the Law Related to Multiple-employer Welfare Arrangements

Last Update: March 11, 2011
Status: In committee
Text: LD 858

This bill repeals application of small group insurance laws to multiple-employer welfare arrangements.

Sponsor: Senator SNOWE-MELLO of Androscoggin. Cosponsored by Senator WHITTEMORE of Somerset and Representative MCKANE of Newcastle.

FILED UNDER: Wage and Labor Related | In committee | Legislative Session: 125

An Act To Provide Tax Relief for Maine's Citizens by Reducing Income Taxes

Last Update: March 11, 2011
Status: In committee
Text: LD 849

This bill provides tax relief for Maine's citizens by reducing income taxes paid by Maine citizens. The bill requires that revenue exceeding the General Fund appropriation limitation and unappropriated surplus of the General Fund be used to gradually increase by 20% the income bracket thresholds at which higher income tax rates apply and to reduce the highest income tax rates from 8.5% and 7% to 6.5%.

Sponsor: Senator TRAHAN of Lincoln. Cosponsored by Representative KNIGHT of Livermore Falls and Senators COURTNEY of York, SNOWE-MELLO of Androscoggin, Representatives BENNETT of Kennebunk, BURNS DR of Alfred, HARMON of Palermo, KESCHL of Belgrade, SHAW of Standish, WATERHOUSE of Bridgton.

FILED UNDER: Tax Related | In committee | Legislative Session: 125

An Act To Increase the Amount of Deductible Business Expense Allowed for Property Placed in Service Beginning in 2011

Last Update: March 11, 2011
Status: In committee
Text: LD 847

This bill permits businesses to claim business expense deductions for purchases to the same extent as permitted under federal income tax law.

Sponsor: Senator BARTLETT of Cumberland. Cosponsored by Senator TRAHAN of Lincoln and Representative KNIGHT of Livermore Falls.

FILED UNDER: Tax Related | In committee | Legislative Session: 125

An Act To Repeal the Alternative Minimum Tax

Last Update: March 11, 2011
Status: In committee
Text: LD 836

This bill repeals the alternative minimum tax for both individual and corporate taxpayers.

Sponsor: Representative KNIGHT of Livermore Falls. Cosponsored by Senator HASTINGS of Oxford and Representatives BENNETT of Kennebunk, CHASE of Wells, CURTIS of Madison, DAVIS of Sangerville, HARMON of Palermo, RICHARDSON W of Warren, TIMBERLAKE of Turner, WATERHOUSE of Bridgton.

FILED UNDER: Tax Related | In committee | Legislative Session: 125

An Act To Permit a Local Option Sales Tax

Last Update: March 09, 2011
Status: In committee
Text: LD 826

This bill allows a municipality to impose a local option sales tax of 3% or less by local referendum. Revenue from the local option sales tax is distributed as follows: 50% to the municipality, 25% to the county in which the municipality is located and 25% to the General Fund. The revenue received by the municipality and county must be used to reduce the property tax, either through specific programs, such as by funding a municipal property tax assistance program or funding the portion of the homestead property tax exemptions not funded by the State or generally stabilizing or lowering the projected property tax rate of the municipality or the county tax assessment.

Sponsor: Representative DILL C of Cape Elizabeth. Cosponsored by Senator BLISS of Cumberland and Representatives BERRY of Bowdoinham, FLEMINGS of Bar Harbor, MORRISON of South Portland, VOLK of Scarborough.

FILED UNDER: Tax Related | In committee | Legislative Session: 125

An Act To Amend the Law Governing Tax Increment Financing Districts

Last Update: March 09, 2011
Status: In committee
Text: LD 823

This bill changes the definition of "original assessed value" related to municipal development districts from the "assessed value" of the district to the "taxable assessed value" of the district. The bill repeals the requirement that a project financed through municipal bonded indebtedness must be completed within 5 years of the commissioner's approval of the designation of the tax increment financing district. It allows municipalities that choose to use tax increment financing to cover costs related to economic development to use the funds for grants in addition to revolving loan funds and investment funds. It increases the maturity date on the bonds that a municipality may authorize to finance project costs from 20 to 30 years from the date of issuance.

Sponsor: Representative ROCHELO of Biddeford. Cosponsored by Senator HOBBINS of York and Senators COURTNEY of York, HASTINGS of Oxford, Representatives BEAUDOIN of Biddeford, BERRY of Bowdoinham, CASAVANT of Biddeford, FLEMINGS of Bar Harbor, HARLOW of Portland.

FILED UNDER: Tax Related | In committee | Legislative Session: 125

An Act To Remove Taxes on Equipment Used for Business

Last Update: March 09, 2011
Status: In committee
Text: LD 822

This bill extends the business equipment property tax exemption to office furniture, including tables, chairs, desks, bookcases, filing cabinets and modular office partitions, and to otherwise eligible property located at a retail sales facility with interior customer selling space that is smaller than 20,000 square feet.

Sponsor: Representative DAMON of Bangor. Cosponsored by Representative BEAULIEU of Auburn and Representatives CHIPMAN of Portland, CROCKETT of Bethel, FOSTER of Augusta, JOHNSON D of Eddington, WILLETTE M of Presque Isle.

FILED UNDER: Tax Related | In committee | Legislative Session: 125

An Act To Transfer Responsibility for the Enforcement of Liquor Laws to the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations

Last Update: March 09, 2011
Status: In committee
Text: LD 821

This bill transfers the responsibility of liquor licensing and enforcement to the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations. It provides that the Department of Public Safety may provide assistance when personnel with law enforcement authority are required to enforce the laws governing alcoholic beverages.

Sponsor: Representative CAREY of Lewiston. Cosponsored by Senator PATRICK of Oxford and Senator PLOWMAN of Penobscot, Representatives BEAULIEU of Auburn, DAMON of Bangor, FITTS of Pittsfield, RUSSELL of Portland, VALENTINO of Saco.

FILED UNDER: Miscellaneous | In committee | Legislative Session: 125

An Act To Clarify Provisions of the Law Concerning Municipal Inspections of Buildings

Last Update: March 09, 2011
Status: In committee
Text: LD 816

This bill replaces the term "inspector of buildings" with the term "building official" in 2 locations in the statutes and corrects cross-references.

Sponsor: Representative BLODGETT of Augusta.

FILED UNDER: Miscellaneous | In committee | Legislative Session: 125

An Act To Allow Municipalities the Option To Subsidize Publicly Owned Bus Stops through Advertising

Last Update: March 09, 2011
Status: In committee
Text: LD 812

This bill allows a municipality or other political subdivision of this State to erect and maintain outdoor advertising signs at a publicly owned bus stop. This bill defines "bus stop" as a place where a public transport bus stops for the purpose of allowing passengers to board or leave the bus. The bill provides that the municipality or political subdivision is responsible for administration of outdoor advertising signs of publicly owned bus stops. This bill requires that any revenue collected by a municipality or other political subdivision through the advertising must be used for transportation purposes, including, but not limited to, maintenance of a publicly owned bus stop.

Sponsor: Representative HARLOW of Portland. Cosponsored by Senator PATRICK of Oxford and Representatives CHIPMAN of Portland, CLARKE of Bath, LOVEJOY of Portland, MORRISON of South Portland, MOULTON of York, RANKIN of Hiram, ROCHELO of Biddeford, STUCKEY of Portland.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act Regarding the Fairness of Sales Tax on Certain Precious Metals Purchases

Last Update: March 09, 2011
Status: In committee
Text: LD 809

This bill exempts from sales tax every sale of gold, silver, platinum and palladium bars, bullion and coins that is $1,000 or greater in value.

Sponsor: Representative DAMON of Bangor. Cosponsored by Representative BEAULIEU of Auburn and Representatives CAREY of Lewiston, CROCKETT of Bethel, FOSTER of Augusta, JOHNSON D of Eddington.

FILED UNDER: Tax Related | In committee | Legislative Session: 125

An Act To Decrease the Tax Burden on Maine's Seniors

Last Update: March 09, 2011
Status: In committee
Text: LD 805

This bill provides a 50% income tax credit to taxpayers who are 60 years of age and older.

Sponsor: Representative VOLK of Scarborough. Cosponsored by Senator JACKSON of Aroostook and Representatives BENNETT of Kennebunk, BURNS DR of Alfred, CHASE of Wells, CUSHING of Hampden, HARMON of Palermo, KNIGHT of Livermore Falls.

FILED UNDER: Tax Related | In committee | Legislative Session: 125

An Act To Change the Threshold for Qualification for a Sales Tax Resale Certificate

Last Update: March 06, 2011
Status: Undetermined
Text: LD 131

This bill changes the threshold for the requirement to obtain a sales tax resale certificate from $3,000 to $500.

Sponsor: Representative Johnson of Greenville

FILED UNDER: Tax Related | Undetermined | Legislative Session: 125

An Act To Enhance Enforcement of Civil Orders of Arrest

Last Update: March 04, 2011
Status: In committee
Text: LD 380

This bill provides that a court may issue a bench warrant when an individual fails to appear for a disclosure or contempt hearing concerning the enforcement of a money judgment after having given a personal recognizance bond to do so. This bill also clarifies that a bench warrant may issue even if the individual is separately charged with a Class E crime for failing to appear in court after having given a personal recognizance bond to do so.

Sponsor: Representative MOULTON of York. Cosponsored by Senator SHERMAN of Aroostook and Representatives FOSTER of Augusta, MALONEY of Augusta.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act Relating to Identification of Service Animals (EMERGENCY)

Last Update: March 04, 2011
Status: In committee
Text: LD 785

This bill clarifies the responsibility of the Department of Agriculture, Food and Rural Resources to provide municipalities with tags to identify dogs licensed as service dogs. It allows the owner or manager of a public place to request verification when a person accompanied by an animal is entering or within that place.

Sponsor: Representative CRAY of Palmyra. Cosponsored by Senator SHERMAN of Aroostook and Representatives AYOTTE of Caswell, BLACK of Wilton, DILL J of Old Town, FOSTER of Augusta, GIFFORD of Lincoln, LONG of Sherman, MCFADDEN of Dennysville.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act To Allow the Sale of Locally Produced Beer and Wine at Farmers' Markets

Last Update: March 04, 2011
Status: In committee
Text: LD 763

This bill allows in-state manufacturers of wine or malt liquor to sell their wine or malt liquor at authorized farmers' markets in the State.

Sponsor: Representative MACDONALD of Boothbay. Cosponsored by Representative BEAUDOIN of Biddeford and Representatives BERRY of Bowdoinham, BOLAND of Sanford, BRIGGS of Mexico, FLEMINGS of Bar Harbor, GOODE of Bangor, SANBORN of Gorham.

FILED UNDER: Miscellaneous | In committee | Legislative Session: 125

An Act To Increase the State Earned Income Credit

Last Update: February 25, 2011
Status: In committee
Text: LD 707

This bill, beginning in 2011, increases the state earned income credit from 5% to 25% of the federal earned income credit and provides that the state earned income credit is fully refundable.

Sponsor: Representative STUCKEY of Portland. Cosponsored by Senator PATRICK of Oxford and Senators ALFOND of Cumberland, CRAVEN of Androscoggin, JACKSON of Aroostook, Representatives BERRY of Bowdoinham, BRYANT of Windham, FLEMINGS of Bar Harbor.

FILED UNDER: Tax Related | In committee | Legislative Session: 125

An Act To Amend the Unemployment Compensation Law Regarding Denial of Benefits for Refusing To Accep

Last Update: February 25, 2011
Status: Defeated
Text: LD 136

Current unemployment benefit law provides for the disqualification from receipt of unemployment compensation of an individual who refuses to accept an offer of suitable work or is unable to be located by a prior employer, among other reasons. This bill adds to that list an individual who forfeits, unreasonably, a license or other credential necessary for employment by a former employer.

Sponsor: Representative Wood of Sabattus

FILED UNDER: Wage and Labor Related | Defeated | Legislative Session: 125

An Act To Allow Veterans Who Work for Employers with More than 50 Employees To Take Veterans Day Off

Last Update: February 25, 2011
Status: Defeated
Text: LD 169

This bill requires an employer who has 51 or more employees to provide Veterans Day, November 11th, as a day off with pay to an employee who is a veteran at the request of that employee.

Sponsor: Representative Beavers of South Berwick

FILED UNDER: Wage and Labor Related | Defeated | Legislative Session: 125

An Act To Prohibit Employment Discrimination Based on a Prior Criminal Conviction

Last Update: February 25, 2011
Status: Defeated
Text: LD 152

This bill protects persons who have a prior conviction of a crime from employment discrimination by providing that a person with a prior conviction may not be disqualified from employment or an occupation that requires a license, permit or certificate on the basis of that conviction unless the offense for which the person was convicted has a reasonable relationship to the functions of the employment or occupation or the person is disqualified from that occupation by state statute.

Sponsor: Representative Bryant of Windham

FILED UNDER: Wage and Labor Related | Defeated | Legislative Session: 125

An Act To Require Disclosure of the Origin of Certain Products Sold at Farm Stands (EMERGENCY)

Last Update: February 25, 2011
Status: In committee
Text: LD 738

This bill defines "farm stand" and requires that any product that was not grown by the person operating the farm stand must be labelled in such a way as to identify the product's origin.

Sponsor: Senator SAVIELLO of Franklin.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act To Prohibit Texting while Driving

Last Update: February 25, 2011
Status: In committee
Text: LD 736

This bill provides that a person may not operate a motor vehicle while engaging in text messaging.

Sponsor: Senator DIAMOND of Cumberland. Cosponsored by Representative CEBRA of Naples and Senators COLLINS of York, MCCORMICK of Kennebec, THOMAS of Somerset, Representatives BEAUDOIN of Biddeford, GILBERT of Jay, MAZUREK of Rockland, PARRY of Arundel, PEOPLES of Westbrook, ROSEN K of Bucksport.

FILED UNDER: Miscellaneous | In committee | Legislative Session: 125

An Act To Allow the Use of Electronic Benefits Transfer Funds at Farmers' Markets

Last Update: February 25, 2011
Status: In committee
Text: LD 735

This bill allows a recipient of food supplement benefits to use electronic benefits transfer funds to purchase food at a farmers' market.

Sponsor: Senator ALFOND of Cumberland. Cosponsored by Senator BRANNIGAN of Cumberland and Senator CRAVEN of Androscoggin, Representatives MCCABE of Skowhegan, RANKIN of Hiram, STRANG BURGESS of Cumberland, STUCKEY of Portland.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act To Streamline the Issuance of State Business Licenses

Last Update: February 25, 2011
Status: In committee
Text: LD 730

This bill streamlines the issuance of state business licenses by creating a retail business portfolio license program in the Department of Economic and Community Development, Office of Business Development. The program, which would begin on January 3, 2012, requires the office to issue a single, consolidated portfolio license to any person possessing a sales tax registration certificate issued for the purpose of operating a retail sales facility. The portfolio license would consolidate into a single license all individual business licenses required for that facility to conduct business in the State, would have a single, prorated renewal date for all licenses in the portfolio license and would be available at a fee not to exceed the sum of the fees for each of the individual licenses.

The bill requires the Director of the Office of Business Development to adopt routine technical rules by December 1, 2011 in order to begin the program on January 3, 2012. The bill also requires the director, by January 15, 2012, to report to the Joint Standing Committee on Labor, Commerce, Research and Economic Development on the operation of the program and on any statutory changes necessary to improve the effective operation of the program.

Sponsor: Senator THOMAS of Somerset. Cosponsored by Representative PRESCOTT of Topsham and Senators PLOWMAN of Penobscot, RECTOR of Knox, THIBODEAU of Penobscot, Representatives GIFFORD of Lincoln, HAMPER of Oxford, HARVELL of Farmington, O'CONNOR of Berwick, OLSEN of Phippsburg.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act Relating to Indemnity Agreements in Motor Carrier Transportation Contracts

Last Update: February 25, 2011
Status: In committee
Text: LD 727

This bill provides that certain indemnity agreements in motor carrier transportation contracts are void and unenforceable.

Sponsor: Senator COURTNEY of York. Cosponsored by Representative CEBRA of Naples and Senators COLLINS of York, HASTINGS of Oxford, THOMAS of Somerset, Representatives CROCKETT of Bethel, MITCHELL of Penobscot Nation, MOULTON of York, NASS of Acton, SARTY of Denmark.

FILED UNDER: Miscellaneous | In committee | Legislative Session: 125

An Act Regarding the Milk Handling Fee

Last Update: February 25, 2011
Status: In committee
Text: LD 718

This bill allows only one milk handling fee to be assessed on any particular container of packaged milk and imposes a handling fee on 20quart containers of packaged milk, which formerly were exempt from handling fees. If more than one wholesale handler handles a particular container of packaged milk in this State, for purposes of collection of the fee, the handler is the wholesale handler that first handles the milk. This bill provides credits to milk handlers or their designees for any fee paid pursuant to the law governing milk handling fees with respect to any packaged milk that is sold or shipped outside this State.

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Sponsor: Representative KNIGHT of Livermore Falls. Cosponsored by Senator SHERMAN of Aroostook and Representatives CRAFTS of Lisbon, CROCKETT of Bethel, EDGECOMB of Caribou, FITZPATRICK of Houlton, GIFFORD of Lincoln, HARVELL of Farmington, NEWENDYKE of Litchfield, TIMBERLAKE of Turner.

FILED UNDER: Miscellaneous | In committee | Legislative Session: 125

An Act To Amend the Definition of "Retail Sale" for Purposes of the Sales and Use Tax Law

Last Update: February 25, 2011
Status: In committee
Text: LD 713

Under the Sales and Use Tax Law, "retail sale" does not include the sale of automobile parts used in the performance of repair services on an automobile pursuant to an extended service contract. This bill specifies that this exclusion applies only to repair parts used in repair services on automobiles weighing 10,000 pounds or less.

Sponsor: Representative KNIGHT of Livermore Falls. Cosponsored by Senator MASON of Androscoggin and Representatives AYOTTE of Caswell, CROCKETT of Bethel, GIFFORD of Lincoln, HARMON of Palermo, MALABY of Hancock, PICCHIOTTI of Fairfield, TIMBERLAKE of Turner, VOLK of Scarborough.

FILED UNDER: Tax Related | In committee | Legislative Session: 125

An Act To Base the Motor Vehicle Excise Tax on Ninety Percent of the Maker's List Price

Last Update: February 25, 2011
Status: In committee
Text: LD 706

Current law requires the excise tax paid on motor vehicles to be based on the maker's list price, regardless of the amount actually paid for the motor vehicle.

This bill instead requires the excise tax to be based on 90% of the maker's list price for the motor vehicle, regardless of the amount actually paid for the motor vehicle, and it changes the mill rate structure for the succeeding years.

Sponsor: Representative HARMON of Palermo. Cosponsored by Representative BENNETT of Kennebunk and Representatives DUNPHY of Embden, GILLWAY of Searsport, JOHNSON P of Greenville, KESCHL of Belgrade, MCCLELLAN of Raymond, RICHARDSON D of Carmel, RIOUX of Winterport.

FILED UNDER: Tax Related | In committee | Legislative Session: 125

An Act To Reduce the Income Tax for Low-income Families

Last Update: February 25, 2011
Status: In committee
Text: LD 705

This bill provides a credit for an individual who is a resident of Maine and whose federal adjusted gross income is $15,000 or less for the entire year, reducing the individual's income tax liability to zero.

Sponsor: Representative CHIPMAN of Portland. Cosponsored by Representative BERRY of Bowdoinham and Representatives GOODE of Bangor, HARLOW of Portland, HARMON of Palermo, KNIGHT of Livermore Falls, VALENTINO of Saco.

FILED UNDER: Tax Related | In committee | Legislative Session: 125

An Act To Amend the Laws Governing Licensure Compliance Methods for Camping Areas, Recreational Camps, Youth Camps and Eating Establishments

Last Update: February 25, 2011
Status: In committee
Text: LD 703

This bill changes the number of inspections covered by the license fee for an application for or the renewal of a license to operate an eating establishment, eating and lodging place, lodging place, recreational camp, youth camp or camping area from 2 to one. After the initial inspection and one follow-up inspection, there is a charge for each additional inspection to determine an applicant's eligibility for licensure. In addition, the bill permits the Department of Health and Human Services to determine licensure compliance by inspection or other method as determined by the department.

Sponsor: Representative STRANG BURGESS of Cumberland. Cosponsored by Senator CRAVEN of Androscoggin and Senators MCCORMICK of Kennebec, RECTOR of Knox, WOODBURY of Cumberland, Representatives BEAULIEU of Auburn, CLARK H of Millinocket, FOSSEL of Alna, KRUGER of Thomaston, PETERSON of Rumford, STUCKEY of Portland.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act To Reduce Taxes and Promote Employment

Last Update: February 25, 2011
Status: In committee
Text: LD 695

This bill increases the state earned income tax credit from 5% to 10% of the federal credit and makes it refundable.

Sponsor: Representative FLEMINGS of Bar Harbor. Cosponsored by Senator ALFOND of Cumberland and Representatives BERRY of Bowdoinham, CORNELL DU HOUX of Brunswick, GOODE of Bangor, HARLOW of Portland, HINCK of Portland, MCCABE of Skowhegan, ROCHELO of Biddeford, STUCKEY of Portland.

FILED UNDER: Tax Related | In committee | Legislative Session: 125

An Act To Establish Continuing Education Requirements for Manufactured Housing Installers

Last Update: February 25, 2011
Status: In committee
Text: LD 691

This bill requires 10 hours of continuing education for manufactured housing installers licensed in Maine as prescribed in the rules of the Manufactured Housing Board. The bill requires that courses approved by the board must be designed to maintain and enhance the knowledge and skills of licensees related to the installation of manufactured housing.

Sponsor: Representative HAMPER of Oxford. Cosponsored by Senator HASTINGS of Oxford and Senator THOMAS of Somerset, Representative WINSOR of Norway.

FILED UNDER: Miscellaneous | In committee | Legislative Session: 125

An Act To Promote Small Business in Maine

Last Update: February 25, 2011
Status: In committee
Text: LD 686

This bill creates a personal property tax exemption for the first $75,000 in value of any machinery, equipment, furnishings or like personal property that is owned and regularly used in the normal course of business by any small business operating in the State in any legal form. The bill also provides a definition of "small business" for the purpose of determining eligibility for the exemption, using the small business size standards developed by the United States Small Business Administration and codified in 13 Code of Federal Regulations, Section 121.

Sponsor: Representative CORNELL DU HOUX of Brunswick. Cosponsored by Senator RECTOR of Knox and Representatives BERRY of Bowdoinham, CAREY of Lewiston, COTTA of China, FLEMINGS of Bar Harbor, HERBIG of Belfast, HUNT of Buxton, KNIGHT of Livermore Falls, PARRY of Arundel, PILON of Saco.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act To Extend Coverage under the State's Mini-COBRA Law

Last Update: February 18, 2011
Status: In committee
Text: LD 60

Under existing federal and state law, employees who are laid off are eligible to continue health coverage under their employers’ group health insurance plans at their own expense. The federal Consolidated Omnibus Budget Reconciliation Act of 1985, known as COBRA, contains provisions that apply to employers with 20 or more employees and generally allows coverage to continue for up to 18 months. Current state law, which applies to employers with fewer than 20 employees, allows the employee to continue coverage for up to 12 months. This bill extends the availability of coverage up to 36 months for those eligible under state law and, to the extent possible, for those eligible under federal law. The bill also provides a special enrollment period for those employees who have exhausted coverage under existing law but who would otherwise be eligible to continue coverage for an additional period.

Sponsor: Representative Lovejoy of Portland

FILED UNDER: Health Care | In committee | Legislative Session: 125

An Act To Prohibit Certain Uses of Cellular Telephones and Handheld Electronic Devices while Operating a Motor Vehicle

Last Update: February 17, 2011
Status: In committee
Text: LD 670

This bill prohibits the use of a handheld cellular telephone and a handheld electronic device while operating a motor vehicle. The bill clarifies that law enforcement officers, corrections officers, firefighters, drivers of authorized emergency vehicles, holders of commercial driver's licenses, physicians, municipal public works personnel, Maine Turnpike Authority personnel and state transportation personnel, including all employees and contractors of the Department of Transportation, may use handheld cellular telephones while driving within the scope of their employment. The bill makes the offense a traffic infraction.

Sponsor: Representative DILL C of Cape Elizabeth. Cosponsored by Senator BLISS of Cumberland.

FILED UNDER: Miscellaneous | In committee | Legislative Session: 125

Resolve, To Reimburse Convenience Stores on a One-time Basis for Beverage Containers

Last Update: February 17, 2011
Status: In committee
Text: LD 666

This resolve requires the State, on a onetime basis, to reimburse convenience stores the refund value of beverage containers that are not labeled as being refundable in Maine. The resolve also directs the Department of Agriculture, Food and Rural Resources to establish a process for implementing the reimbursement.

Sponsor: Representative AYOTTE of Caswell. Cosponsored by Senator SHERMAN of Aroostook and Representatives EDGECOMB of Caribou, GIFFORD of Lincoln.

FILED UNDER: Miscellaneous | In committee | Legislative Session: 125

An Act To Ensure the Safety of Children in the MaineCare Program Who Are Prescribed Antipsychotic Medications

Last Update: February 17, 2011
Status: In committee
Text: LD 646

This bill provides specific requirements for the provision of antipsychotic medications to children in the MaineCare program. It provides for uses approved and for uses not approved by the United States Department of Health and Human Services, Food and Drug Administration. It provides for documentation in the child's health care record and for monitoring for effectiveness and side effects. It directs the Department of Health and Human Services to adopt routine technical rules to implement the new requirements.

Sponsor: Representative WELSH of Rockport. Cosponsored by Senator CRAVEN of Androscoggin and Senator RECTOR of Knox, Representatives KRUGER of Thomaston, STRANG BURGESS of Cumberland.

FILED UNDER: Health Care | In committee | Legislative Session: 125

An Act To Modify the Process Regarding the Return of Unfit Tobacco Products

Last Update: February 17, 2011
Status: In committee
Text: LD 617

This bill permits the State Tax Assessor to recognize a credit for tax previously paid on tobacco products that are returned to a distributor because the products have become unfit for use, sale or consumption and are subsequently destroyed by the distributor.

Sponsor: Senator KATZ of Kennebec. Cosponsored by Representative BLODGETT of Augusta and Senator MCCORMICK of Kennebec.

FILED UNDER: Miscellaneous | In committee | Legislative Session: 125

An Act To Clarify the Definition of "Employment" in the Employment Security Law

Last Update: February 17, 2011
Status: In committee
Text: LD 613

This bill excludes licensed tattoo artists who operate within an establishment owned by another under a booth rental agreement or other rental agreement from the definition of "employment" for purposes of unemployment compensation law.

Sponsor: Senator DIAMOND of Cumberland. Cosponsored by Representative TUTTLE of Sanford and Senator JACKSON of Aroostook, Representatives GILBERT of Jay, PLUMMER of Windham.

FILED UNDER: Wage and Labor Related | In committee | Legislative Session: 125

An Act To Require Random Drug Testing for MaineCare Recipients

Last Update: February 17, 2011
Status: In committee
Text: LD 605

This bill provides that a person who tests positive for use of illegal drugs may not receive benefits under the Medicaid program until the person tests negative.

Sponsor: Senator SAVIELLO of Franklin. Cosponsored by Senator MARTIN T of Kennebec and Senator SHERMAN of Aroostook.

FILED UNDER: Health Care | In committee | Legislative Session: 125

An Act To Exempt Certain Meals Provided to Food Service Employees from the Sales and Use Tax

Last Update: February 17, 2011
Status: In committee
Text: LD 604

This bill exempts from the sales and use tax meals provided to an employee of an eating establishment while that employee is working, up to a maximum cost to the employer of $2.50 per day.

Sponsor: Senator TRAHAN of Lincoln.

FILED UNDER: Tax Related | In committee | Legislative Session: 125

An Act To Set Aside One Percent of Committed State Funds for Food Projects

Last Update: February 17, 2011
Status: In committee
Text: LD 601

This bill requires any person receiving money appropriated or allocated by the Legislature for the construction of public improvement projects to use 1% of those funds to support food projects according to standards established by the Department of Administrative and Financial Services, Bureau of General Services. When possible, the food projects must be on the grounds of the public improvement project. Food projects include but are not limited to community gardens and landscape trees or plants that provide food.

Sponsor: Senator BLISS of Cumberland. Cosponsored by Representative DILL C of Cape Elizabeth.

FILED UNDER: Miscellaneous | In committee | Legislative Session: 125

An Act To Increase the Legal Age To Purchase, Use or Sell Tobacco Products

Last Update: February 17, 2011
Status: In committee
Text: LD 589

This bill raises the legal age to purchase, use or sell tobacco products from 18 years of age to 21 years of age.

Sponsor: Representative FOSSEL of Alna. Cosponsored by Representative GRAHAM of North Yarmouth and Representatives MALABY of Hancock, PRESCOTT of Topsham, WEBSTER of Freeport.

FILED UNDER: Miscellaneous | In committee | Legislative Session: 125

An Act To Help Deter Youth Smoking and To Help Smokers Quit (EMERGENCY)

Last Update: February 17, 2011
Status: In committee
Text: LD 536

This bill increases the cigarette tax by $1.50 per package, from $2.00 to $3.50, to help deter the initial use of tobacco by youth. It includes an appropriations and allocations section to fund operation of a tobacco help line to provide those tobacco users seeking to quit smoking a mechanism to do so.

Sponsor: Representative FLEMINGS of Bar Harbor. Cosponsored by Senator ALFOND of Cumberland and Senator CRAVEN of Androscoggin, Representatives BERRY of Bowdoinham, BRYANT of Windham, DILL C of Cape Elizabeth, EVES of North Berwick, ROCHELO of Biddeford, SANBORN of Gorham.

FILED UNDER: Miscellaneous | In committee | Legislative Session: 125

An Act To Clarify Successor Liability under the Employment Security Law

Last Update: February 17, 2011
Status: In committee
Text: LD 534

This bill exempts licensed eating establishments from having experience and assignment rates under the Employment Security Law transferred to them from previous similar employers that may have operated within an existing property when the prior employer has no connection to the new restaurant.

Sponsor: Representative PRESCOTT of Topsham. Cosponsored by Senator SHERMAN of Aroostook and Representatives DOW of Waldoboro, HAMPER of Oxford, MALABY of Hancock, NEWENDYKE of Litchfield, TUTTLE of Sanford, VOLK of Scarborough, WINSOR of Norway, WINTLE of Garland.

FILED UNDER: Wage and Labor Related | In committee | Legislative Session: 125

An Act To Employ the Unemployed (EMERGENCY)

Last Update: February 17, 2011
Status: In committee
Text: LD 521

This bill permits an employer who hires as an employee a person who has not been employed for 6 months to receive reimbursement for the amount of state income tax withheld for that employee for the first 6 months of employment.

Sponsor: Representative BLODGETT of Augusta. Cosponsored by Senator JACKSON of Aroostook and Senator RECTOR of Knox, Representatives CUSHING of Hampden, GILBERT of Jay, GOODE of Bangor, HARVELL of Farmington, HERBIG of Belfast, RUSSELL of Portland, TUTTLE of Sanford.

FILED UNDER: Wage and Labor Related | In committee | Legislative Session: 125

An Act To Allow a Waiver for On-premise Signs

Last Update: February 17, 2011
Status: In committee
Text: LD 520

Current law prohibits on-premise signs within 20 feet from the outside edge of the paved portion of any state or state aid highway with more than 2 travel lanes and a total paved portion in excess of 24 feet in width. This bill gives the Commissioner of Transportation the authority to grant a person a waiver of this requirement if the majority of on-premise signs on either edge of the public way within 1,000 feet of the location of the proposed on-premise sign are located within 20 feet from the outside edge of the paved portion of the public way or the proposed on-premise sign replaces an on-premise sign at the same location within 20 feet from the outside edge of the paved portion of the public way.

The bill also requires that the property owner assume all costs for removal and installation of the on-premise sign and record this fact with the registry of deeds.

Sponsor: Representative BEAULIEU of Auburn. Cosponsored by Senator THOMAS of Somerset and Representatives BICKFORD of Auburn, BOLDUC of Auburn, CROCKETT of Bethel, HOGAN of Old Orchard Beach, LAJOIE of Lewiston, ROSEN K of Bucksport, WAGNER of Lewiston, WEAVER of York.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act To Align State Standards Pertaining to Food and Beverages outside of the School Lunch Program to Federal Standards

Last Update: February 17, 2011
Status: In committee
Text: LD 505

This bill amends the law to allow the Department of Education to adopt rules that are consistent with federal school nutrition standards regarding standards for food and beverages sold or distributed on school grounds but outside of school meal programs.

The bill also exempts culinary arts programs provided by career and technical schools and programs from the requirements of the rules.

Sponsor: Representative FLOOD of Winthrop. Cosponsored by Senator LANGLEY of Hancock and Senators MASON of Androscoggin, SULLIVAN of York, Representatives EDGECOMB of Caribou, RANKIN of Hiram.

FILED UNDER: Miscellaneous | In committee | Legislative Session: 125

An Act To Allow Consumer Refunds or Exchanges of Unopened Bottles of Spirits

Last Update: February 17, 2011
Status: In committee
Text: LD 504

Currently, rules prohibit the return of spirits by a consumer unless the product is defective. This bill authorizes agency liquor stores to accept spirits for exchange or return of the purchase price under certain conditions.

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Sponsor: Representative TUTTLE of Sanford. Cosponsored by Senator PATRICK of Oxford and Senators PLOWMAN of Penobscot, SAVIELLO of Franklin, Representatives BEAULIEU of Auburn, CAREY of Lewiston, DION of Portland, FITTS of Pittsfield, RUSSELL of Portland, VALENTINO of Saco.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act To Extend the Length of the School Day

Last Update: February 17, 2011
Status: In committee
Text: LD 498

This bill requires, beginning in the 2013-2014 school year, that a school instructional day, which is a day during which both students and teachers are present, must be at least 5 hours and 45 minutes in length.

Sponsor: Representative DOW of Waldoboro

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act To Require State Agencies To Give Priority to State Armories When Renting Space for Meetings

Last Update: February 11, 2011
Status: In committee
Text: LD 72

This bill requires state departments and agencies that hold meetings or other activities outside of their normal locations to give priority to space in state armories within a reasonable distance unless another location is required by law or an armory is not available that contains facilities that are necessary for the meeting or activity.

Sponsor: Representative Crockett of Bethel

FILED UNDER: Miscellaneous | In committee | Legislative Session: 125

An Act To Streamline Purchasing by Entities Exempt from Sales Tax

Last Update: February 11, 2011
Status: In committee
Text: LD 88

This bill requires the State Tax Assessor to post a list containing information about sales tax exemption certificates on a publicly accessible website to assist retailers and purchasers in identifying valid exempt purchases.

Sponsor: Representative McCabe of Skowhegen

FILED UNDER: Tax Related | In committee | Legislative Session: 125

An Act To Allow Consumer Refunds or Exchanges of Unopened Bottles of Spirits

Last Update: February 11, 2011
Status: In committee
Text: LD 504

Currently, rules prohibit the return of spirits by a consumer unless the product is defective. This bill authorizes agency liquor stores to accept spirits for exchange or return of the purchase price under certain conditions.

Sponsor: Representative TUTTLE of Sanford. Cosponsored by Senator PATRICK of Oxford and Senators PLOWMAN of Penobscot, SAVIELLO of Franklin, Representatives BEAULIEU of Auburn, CAREY of Lewiston, DION of Portland, FITTS of Pittsfield, RUSSELL of Portland, VALENTINO of Saco.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act To Strengthen Maine Small Business by Establishing a Preference Percentage for State Contract Bids

Last Update: February 11, 2011
Status: In committee
Text: LD 478

This bill requires the Director of the Bureau of General Services within the Department of Administrative and Financial Services to adopt rules establishing a preference percentage of up to 15% for Maine small businesses bidding for state contracts. The rules are routine technical rules.

Sponsor: Representative AYOTTE of Caswell. Cosponsored by Senator JACKSON of Aroostook and Representatives CLARK T of Easton, EDGECOMB of Caribou, LONG of Sherman, MARTIN J of Eagle Lake, MCFADDEN of Dennysville, THERIAULT of Madawaska, WILLETTE A of Mapleton.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act To Enable Maine Residents To Purchase Health Insurance over State Lines

Last Update: February 11, 2011
Status: In committee
Text: LD 473

This bill permits insurers authorized to transact individual or group health insurance in any state to offer their individual and group health plans for sale in this State if certain requirements of Maine law are met, including minimum capital and surplus and reserve requirements, disclosure and reporting requirements and grievance procedures. It also permits Maine health insurers to offer individual and group health plans of out-of-state parent or subsidiary health insurers if similar requirements are met. If out-of-state health plans are offered for sale in this State, the bill requires that prospective enrollees be provided adequate disclosure in a format approved by the Superintendent of Insurance of how the plans differ from Maine health plans. This bill also requires a person purchasing such insurance to sign a waiver acknowledging that the insurance policy does not necessarily fully adhere to Maine law. The bill includes an effective date of January 1, 2012.

Sponsor: Representative HARMON of Palermo. Cosponsored by Senator MCCORMICK of Kennebec and Representatives CHASE of Wells, ESPLING of New Gloucester, FOSTER of Augusta, GILLWAY of Searsport, GUERIN of Glenburn, JOHNSON P of Greenville, KNIGHT of Livermore Falls, MALABY of Hancock, OLSEN of Phippsburg, WINTLE of Garland.

FILED UNDER: Health Care | In committee | Legislative Session: 125

Resolve, Directing the Superintendent of Insurance To Form a Compact with Other State Commissioners of Insurance on the Purchase of Insurance out of State

Last Update: February 11, 2011
Status: In committee
Text: LD 455

This resolve directs the Superintendent of Insurance to meet with the commissioners of insurance of the State of Connecticut, the Commonwealth of Massachusetts, the State of New Hampshire, the State of Rhode Island and the State of Vermont to develop a plan to form an interstate compact regarding the purchase of insurance from other states. The commissioner is required to report by January 12, 2012 to the Joint Standing Committee on Insurance and Financial Services, which may submit legislation to the Second Regular Session of the 125th Legislature.

Sponsor: Representative HOGAN of Old Orchard Beach. Cosponsored by Senator THOMAS of Somerset and Senator SULLIVAN of York, Representatives BEAUDOIN of Biddeford, BURNS DC of Whiting, ESPLING of New Gloucester, HARMON of Palermo, MALABY of Hancock, MAZUREK of Rockland.

FILED UNDER: Health Care | In committee | Legislative Session: 125

An Act To Base the Motor Vehicle Excise Tax on the Purchase Price of a Motor Vehicle

Last Update: February 11, 2011
Status: In committee
Text: LD 436

This bill changes the method of computing the excise tax that is levied on motor vehicles and camper trailers registered in the State.

With the exception of commercial motor vehicles and special mobile equipment, current law requires that the excise tax be based upon the maker's list price for the motor vehicle; the excise tax on commercial motor vehicles and special mobile equipment is based on the purchase price.

Sponsor: Senator THOMAS of Somerset. Cosponsored by Representative GIFFORD of Lincoln and Senator SNOWE-MELLO of Androscoggin, Representatives CEBRA of Naples, CRAFTS of Lisbon, HARVELL of Farmington, MCKANE of Newcastle.

FILED UNDER: Tax Related | In committee | Legislative Session: 125

An Act To Exempt from Income Tax the Income of Nonresidents Working in Maine Pursuant to an Interlocal Agreement

Last Update: February 11, 2011
Status: In committee
Text: LD 433

This bill provides that compensation received as an employee of a political subdivision of an adjoining state performing service in this State pursuant to an interlocal agreement under the Maine Revised Statutes, Title 30A, chapter 115 is not considered Maine source income.

Sponsor: Senator HILL of York. Cosponsored by Representative EVES of North Berwick and Representatives BEAVERS of South Berwick, BELIVEAU of Kittery, CHASE of Wells, WEAVER of York.

FILED UNDER: Tax Related | In committee | Legislative Session: 125

An Act To Eliminate Maine's Estate Tax

Last Update: February 11, 2011
Status: In committee
Text: LD 423

This bill repeals Maine's estate tax.

Sponsor: Senator WOODBURY of Cumberland. Cosponsored by Representative CHASE of Wells and Senator LANGLEY of Hancock, Representatives AYOTTE of Caswell, BURNS DR of Alfred, FOSSEL of Alna, KNIGHT of Livermore Falls, PILON of Saco, STRANG BURGESS of Cumberland, VALENTINO of Saco.

FILED UNDER: Tax Related | In committee | Legislative Session: 125

An Act To Improve Credit Reporting Regarding Consumers without a Credit History

Last Update: February 11, 2011
Status: In committee
Text: LD 402

This bill prohibits a user of a consumer report from assigning a consumer a low credit score solely on the basis of a consumer's having no credit history if the consumer can demonstrate the ability to meet that consumer's financial obligations without borrowing on credit.

Sponsor: Representative DAVIS of Sangerville. Cosponsored by Senator THIBODEAU of Penobscot and Representatives CRAFTS of Lisbon, FREDETTE of Newport, GIFFORD of Lincoln, JOHNSON P of Greenville, TIMBERLAKE of Turner.

FILED UNDER: General Business | In committee | Legislative Session: 125

Resolve, Authorizing Adjustments to Payments under the Dairy Stabilization Program (EMERGENCY)

Last Update: February 11, 2011
Status: In committee
Text: LD 382

This resolve authorizes the administrator of the Maine Milk Pool to adjust payments under the dairy stabilization program in fiscal year 2011-12 when projections indicate that payments will exceed $9,835,826. This figure is the Revenue Forecasting Committee’s December 2010 recommendation for transfer from the General Fund to the Maine Milk Pool in fiscal year 2011-12. This resolve directs the administrator to reduce payments by the same percentage for each tier for the months from October 2011 to June 2012. It provides for progressively greater reductions between tiers for payments distributed in July, August and September.

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Sponsor: Representative MARTIN J of Eagle Lake. Cosponsored by Senator SAVIELLO of Franklin and Senator SCHNEIDER of Penobscot, Representatives BRIGGS of Mexico, COTTA of China, LONG of Sherman, MCCABE of Skowhegan, NELSON of Falmouth.

FILED UNDER: Miscellaneous | In committee | Legislative Session: 125

An Act Regarding the Sale of Raw Milk

Last Update: February 11, 2011
Status: In committee
Text: LD 366

This bill clarifies that a license is not required of any person who produces and sells milk only on the premises of the producer and seller. It defines "premises" to include a motor vehicle and portable farm stand owned by a producer if sales on these premises are made by that producer or an employee of that producer.

Sponsor: Representative KUMIEGA of Deer Isle. Cosponsored by Senator PATRICK of Oxford and Representatives BERRY of Bowdoinham, MALABY of Hancock, MCCABE of Skowhegan, NEWENDYKE of Litchfield, O'BRIEN of Lincolnville, PILON of Saco.

FILED UNDER: Miscellaneous | In committee | Legislative Session: 125

An Act To Facilitate Local Food Production

Last Update: February 11, 2011
Status: In committee
Text: LD 363

This bill exempts fruit and vegetable growers who process and bottle beverages for sale in this State from the laws requiring collection of a deposit on beverage containers. It also directs the Department of Agriculture, Food and Rural Resources to review all state laws and rules pertaining to the production and processing of food and beverages in this State for sale in this State and to develop recommendations to exempt small-scale agricultural producers and food processors from certain laws and rules and reduce the regulatory burdens on those producers and processors. The department is directed to submit legislation to implement its recommendations to the Second Regular Session of the 125th Legislature.

Sponsor: Representative TILTON of Harrington. Cosponsored by Senator SHERMAN of Aroostook and President RAYE of Washington, Representatives EDGECOMB of Caribou, PARKER of Veazie.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act To Apply the Federal Truth in Lending Act in Maine

Last Update: February 11, 2011
Status: In committee
Text: LD 355

This bill ensures that, if Maine’s exemption under the federal Truth in Lending Act is revoked, Maine law will continue to require that mortgage lenders regulated by the Department of Professional and Financial Regulation, Bureau of Consumer Credit Protection comply with the federal Truth in Lending Act. The bill requires creditors and loan brokers to comply with the federal Consumer Credit Protection Act and its implementing regulation pursuant to the federal Truth in Lending Act, Regulation Z.

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Sponsor: Representative FLOOD of Winthrop. Cosponsored by Representative RICHARDSON W of Warren.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act To Allow Foresters, Soil Scientists and Geologists To Use Mechanics Liens

Last Update: February 11, 2011
Status: In committee
Text: LD 335

This bill adds foresters, soil scientists and geologists to the list of people who can place a lien on the property of another for nonpayment of services.

Sponsor: Representative FLOOD of Winthrop. Cosponsored by Senator KATZ of Kennebec and Senator ROSEN R of Hancock, Representative KESCHL of Belgrade.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act To Exempt Farm Food Products and Homemade Food Offered for Sale or for Consumption at Certain Events from Certain Licensing Requirements

Last Update: February 11, 2011
Status: In committee
Text: LD 330

This bill facilitates direct sales between Maine farmers and consumers. It allows people preparing food in their own homes to sell directly to consumers or to offer homemade food at certain events without being licensed as food establishments.

Sponsor: Representative KUMIEGA of Deer Isle. Cosponsored by Representative BLACK of Wilton and Representatives FOSTER of Augusta, GIFFORD of Lincoln, MCCABE of Skowhegan, O'BRIEN of Lincolnville, PILON of Saco, TIMBERLAKE of Turner.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act To Implement a Coordinated Strategy To Attract New Businesses, Expand Existing Businesses and Develop a Consistent and Recognizable Maine Brand

Last Update: February 11, 2011
Status: In committee
Text: LD 323

This bill is a concept draft pursuant to Joint Rule 208.

This bill proposes to establish a public-private partnership at the state level with responsibility for the development and delivery of a comprehensive, coordinated and coherent strategy for economic development in Maine. This private-public partnership shall work with regional and local economic development councils and businesses to provide an array of services to companies seeking to locate or expand in Maine.

This bill proposes the development of a “Maine brand” to consistently promote the quality of life in Maine, the quality of Maine recreation and vacation experiences and the quality of Maine-made products.

This bill proposes to examine existing economic development programs and appropriations and allocations to each and to redirect funds to support a coherent strategy and maximize positive outcomes.

Sponsor: Representative VOLK of Scarborough. Cosponsored by Senator RECTOR of Knox and Senator JACKSON of Aroostook, Representatives DOW of Waldoboro, OLSEN of Phippsburg, PRESCOTT of Topsham.

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act Relating to the Status of a Private Investigator as an Independent Contractor

Last Update: February 11, 2011
Status: In committee
Text: LD 315

This bill excepts a private investigator from the definition of "employment" in the Employment Security Law if there is a written contract between the parties; the private investigator operates independently; compensation for services is negotiated; and the party requesting services furnishes neither equipment nor the place of employment to the private investigator.

Sponsor: Senator Thomas of Somerset

FILED UNDER: Wage and Labor Related | In committee | Legislative Session: 125

Resolve, To Require the Department of Agriculture, Food and Rural Resources and the Department of Public Safety To Develop a Consolidated License for Convenience Stores

Last Update: February 03, 2011
Status: In committee
Text: LD 160

This resolve requires the Commissioner of Agriculture, Food and Rural Resources and the Commissioner of Public Safety to jointly examine the various licensing and inspection requirements placed on operators of convenience stores and develop a consolidated convenience store operation license and a method of consolidating and reducing the number of annual inspections. The commissioners are required to report their findings, along with any necessary implementing legislation, to the Joint Standing Committee on Labor, Commerce, Research and Economic Development by December 1, 2011.

Sponsor: Representative Hunt of Buxton

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act To Amend the Laws Governing Municipal Recreational Vehicle Registration Agent Fees

Last Update: February 03, 2011
Status: In committee
Text: LD 289

This bill increases the watercraft, snowmobile and ATV registration service fees that may be assessed, collected and retained by municipalities from $1 to $3 and from $2 to $4 for the issuance of new registrations.

Sponsor: Representative Casavant of Biddeford

FILED UNDER: Tax Related | In committee | Legislative Session: 125

An Act To Amend the Laws Governing Municipal Motor Vehicle Registration and License Agent Fees

Last Update: February 03, 2011
Status: In committee
Text: LD 288

This bill increases the motor vehicle licensing and registration service fees that may be assessed, collected and retained by municipalities from $3 to $5 for the renewal of a license or registration and from $4 to $6 for the issuance of a new license or registration.

Sponsor: Representative Casavant of Biddeford

FILED UNDER: Tax Related | In committee | Legislative Session: 125

An Act To Provide Savings to the State by Contracting Out Certain Services

Last Update: February 03, 2011
Status: In committee
Text: LD 287

This bill is a concept draft pursuant to Joint Rule 208.

This bill proposes to identify the types of services provided by the State and the extent to which those services are provided by state employees or through contracts with private entities. The bill proposes the identification of the types of services provided by state employees that could be provided more effectively and with reduced cost by privately contracted services. The bill proposes to explore the practices of other states and identify private contracting practices that are effective and the actions that would be necessary to achieve similar benefits in Maine.

Sponsor: Representative Winsor of Norway

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act Regarding Penalties for Opting Out of Paperless Billing

Last Update: February 03, 2011
Status: In committee
Text: LD 273

This bill prohibits penalizing a customer for opting out of receiving a billing statement in electronic form rather than paper form, but allows an incentive to be offered to a customer to accept a billing statement electronically rather than in paper form.

Sponsor: Senator Sullivan of York

FILED UNDER: General Business | In committee | Legislative Session: 125

An Act To Strengthen the Laws on Methicillin-resistant Staphylococcus Aureus and To Improve Health Care

Last Update: February 03, 2011
Status: In committee
Text: LD 267

This bill strengthens the laws on the collection and dissemination of information regarding methicillin-resistant Staphylococcus aureus and screening requirements and procedures to control the spread of the infection. The bill requires reporting on multiple drug-resistant organism infections and provides for a patient’s right to personal advocacy in hospital and other health care settings.

Sponsor: Representative Goode of Bangor

FILED UNDER: Health Care | In committee | Legislative Session: 125

An Act To Extend the Historic Preservation Tax Credit

Last Update: February 03, 2011
Status: In committee
Text: