Maine Innkeepers Association

Howe, Cahill & Company's Legislative Report

Report sorted by Committee. Updated 3/9/10 10:01:34 AM.
View report by Priority (http://howeandcompany.com/legisweb/1205/index.htm).
View report by General Status (http://howeandcompany.com/legisweb/1205/status.htm).


(c) 2010 Howe, Cahill & Company, may not be reproduced without written permission.

Not Assigned to a Committee:

LD 1524: An Act To Ensure Equity in Unemployment Compensation Claims   Web Link to LD 1524

Description: This bill addresses the situation of 2 employers who both lay off the same employee within 30 days of each other. The bill requires that both employers be considered the claimant's last employer for purposes of the laws governing unemployment compensation.
Position: Status: RESOLVE , Chapter 147
Sponsor: Representative BEAULIEU of AuburnCosponsors: Representative AUSTIN of Gray Representative BICKFORD of Auburn Representative CAREY of Lewiston Representative CRAFTS of Lisbon Senator CRAVEN of Androscoggin Representative HAMPER of Oxford Representative KNIGHT of Livermore Falls Representative LAJOIE of Lewiston Representative SIROIS of Turner
Committee: Hearing: Jan 11, 2010 - 1 PM Room 220 CSOB
Work Session: Jan 21, 2010, 0100PM, Cross Building, Room 220

Appropriations and Financial Affairs Committee:

LD 1668: An Act To Implement the Recommendations of the Initiative To Streamline State Government   Web Link to LD 1668

Description: PART A This Part makes appropriations and allocations. PART B This Part transfers $1,772,840 representing the General Fund share of excess equity reserve for workers' compensation by June 30, 2010 from the Workers' Compensation Management Fund in the Department of Administrative and Financial Services to the unappropriated surplus of the General Fund and requires the State Controller to transfer the equitable share of workers' compensation excess equity reserve to each participating fund by June 30, 2010. This Part also requires the State Budget Officer to calculate the amount of savings in Part A of the Statewide Workers' Compensation Savings account in the Department of Administrative and Financial Services that applies against each General Fund account for departments and agencies statewide in fiscal year 2010-11 from savings achieved through an adjustment in the rates for workers' compensation. The State Budget Officer is directed to transfer the savings by financial order upon approval of the Governor. These transfers are considered adjustments to appropriations in fiscal year 2010-11. PART C This Part lapses $6,393,322 from the unencumbered balance in All Other from the General Fund Debt Service Payments account in the office of the Treasurer of State to General Fund unappropriated surplus at the close of fiscal year 2009-10. PART D This Part eliminates the requirement that the Secretary of State publish information about certain ballot questions in the State's daily newspapers. PART E This Part increases the amount of the fixed transfers from the Local Government Fund to the General Fund from the state-municipal revenue sharing by $624,651 in fiscal year 200910 and $9,311 in fiscal year 201011. These amounts represent the amounts by which the transfers to the Local Government Fund are overstated due to an assumption used in the December 2009 revenue forecast. Using the updated monthly distribution based on the December 2009 forecast, the amount of the transfers to the Local Government Fund for state-municipal revenue sharing is reduced to reflect current expectations. PART F This Part authorizes the Commissioner of Conservation to install fee collection containers at unstaffed entrances of certain state parks and historic sites and establish fees that will generate additional undedicated revenue to the General Fund of $17,000 in fiscal year 200910 and $132,000 annually beginning in fiscal year 201011. PART G This Part requires that all unspent Personal Services appropriations in executive branch agencies lapse to the Salary Plan program, General Fund account in the Department of Administrative and Financial Services. This Part also lapses $500,000 in fiscal year 200910 and $468,985 in fiscal year 201011 to the General Fund to recognize the additional transfers to the Salary Plan as General Fund savings. PART H This Part limits slot machine revenue credited to the Fund for a Healthy Maine to $4,500,000 annually. PART I This Part repeals a provision of law that allows General Fund balances in the State Supplement to Federal Supplemental Security program within the Department of Health and Human Services to carry forward from one fiscal year to the next. It also prohibits the transfer by financial order of State Supplement to Federal Supplemental Security program funds. PART J This Part establishes an annual limit of $1,700,000 on the amount of General Fund appropriations the Driver Education and Evaluation Programs may receive.
Position: Status: PUBLIC Law, Chapter 462
Sponsor: Representative CAIN of OronoCosponsors:
Committee: A&FAHearing: Jan 5, 2010, 10:00 AM Room 228 State House
Work Session: Jan 6, 2010 - 1 PM Room 228 State House

LD 1671: An Act to Make supplemental Appropriations and Allocations   Web Link to LD 1671

Description: This is the 2010 Supplemental Budget. Check the state's website at http://www.maine.gov/legis/house/jt_com/afa.htm for details and times
Position: Status: EXT APPROVED, Feb 17, 2010
Sponsor: Representative CAIN of OronoCosponsors: Senator DIAMOND of Cumberland
Committee: A&FAHearing: Jan 7, 2010, 0100PM, Room 228 State House Jan 8, 2010, 0900AM, Room 228 State House Jan 11, 2010, 1030AM, Room 228 State House Jan 12, 2010, 0100PM, Room 228 State House Jan 13, 2010, 0900AM, Room 228 State House Jan 14, 2010, 0100PM, Room 228 State House
Work Session: Jan 26, 2010, 0100PM, Room 228 State House NAT, Part DDD, Report Backs: MAR,IFW, ACF, TRA, UTE Jan 27, 2010, 0200PM, Room 228 State House Report Backs: BRED, LVA, LAB, IFS Jan 28, 2010, 0100PM, Room 228 State House Report Back EDU Jan 29, 2010, 1000AM, Room 228 State House TAX report back Jan 29, 2010, 0100PM, Room 228 State House Report Back: SLG, CJPS, JUD, HHS Feb 3, 2010, 0900AM, Room 228 State House HHS Report Back Feb 4, 2010, 0100PM, Room 228 State House Feb 8, 2010, 0100PM, Room 228 State House Feb 10, 2010, 0900AM, Room 228 State House Feb 11, 2010, 0330PM, Room 228 State House Feb 12, 2010, 0900AM Room 228 State House Feb 12, 2010, 0100PM, Room 228 State House Feb 17, 2010, 0100PM, Room 228 State House Feb 18, 2010, 0100PM, Room 228 State House Feb 19, 2010, 0900AM, Room 228 State House Mar 1, 2010, 0100PM Room 228 State House Mar 2, 2010, 0100PM Room 228 State House Mar 3, 2010, 0900AM Room 228 State House Mar 4, 2010, 0100PM Room 228 State House Mar 5, 2010, 0900AM Room 228 State House Mar 8, 2010, 1000AM, Room 228 State House Mar 9, 2010, 0100PM, Room 228 State House Mar 10, 2010, 0900AM, Room 228 State House Mar 11, 2010, 0100PM, Room 228 State House

Business, Research and Economic Development Committee:

LD 1: An Act To Stimulate Capital Investment for Innovative Businesses in Maine   Web Link to LD 1

Description: This bill is modeled on statutes in Arkansas, Iowa, Michigan, Montana and Utah. It authorizes the establishment of the Maine Fund of Funds within the Small Enterprise Growth Board for the purpose of increasing the availability of venture capital to the Maine economy. The fund is managed by a director chosen by the Small Enterprise Growth Board by means of a competitive selection. The Small Enterprise Growth Board has authority to close the fund if necessary to protect the State's interests. The board raises capital for the fund by offering as security refundable tax credits issued by the board, with the goal of attracting venture capital investment in the State's economy. The board maintains regulatory control over the fund. The bill requires annual audits and reports on the fund. The goal of the fund is to create investments in the Maine economy, which is broadly described as including the development of intellectual capital as well as job creation. The director may invest outside of the State as necessary to maximize returns and reduce the likelihood that tax credits will be redeemed. The bill provides that net profits from the fund after payment of obligations must be remitted to the General Fund. It also provides the Maine Public Employees Retirement System a preference in becoming a lender of capital and a special provision that the Maine Public Employees Retirement System may be granted a piece of the profits as an additional inducement to becoming a capital lender. Tax credits may not be redeemed for defaults occurring later than 2031, and the bill restricts tax credit redemption to $10,000,000 per year.
Position: Status: MAJ: Ought to Pass as Amended, MIN: Ought Not to Pass
Sponsor: Senator MILLS S of Somerset.Cosponsors:
Committee: BREDHearing: Mar 31, 2009, 0100PM, Room 208 Cross Building
Work Session: Apr 3, 2009, 1000AM, Room 208 Cross Building May 5, 2009, 0230PM, Room 208 Cross Building May 8, 2009, 1000AM, Room 208 Cross Building May 14, 2009, 0100PM, Room 208 Cross Building Nov 4, 2009, 0130PM, Room 208 Cross Building Nov 10, 2009, 0900AM, Room 208 Cross Building Jan 12, 2010, 0130PM, Room 208 Cross Building Jan 19, 2010, 0100PM, Room 208 Cross Building

LD 272: An Act To License Home Building and Improvement Contractors   Web Link to LD 272

Description: This bill creates the Maine Home Contractor Licensing Act. The bill contains provisions concerning: requirements for licensure of general contractors and persons who perform framing, roofing, siding, insulating, window work or chimney work, if the work concerns residential dwellings; certain specific exemptions from licensure; required qualifications for general and specialty licenses; requirements for criminal and financial disclosures; creation of the Maine Home Contractor Licensing Board; and fees for licensing.
Position: Status: Ant. Div. Rep.
Sponsor: Representative MacDONALD of BoothbayCosponsors: Representative BEAUDETTE of Biddeford Representative CLEARY of Houlton Representative CROCKETT of Augusta Representative GILES of Belfast Representative HINCK of Portland Representative MILLER of Somerville Representative PILON of Saco Representative RUSSELL of Portland Senator SCHNEIDER of Penobscot Representative SMITH of Monmouth
Committee: BREDHearing: Mar 24, 2009, 0930AM Room 208 Cross Building
Work Session: Apr 3, 2009, 1000AM, Room 208 Cross Building Nov 4, 2009, 1130AM, Room 208 Cross Building Feb 9, 2010, 0100PM, Room 208 Cross Building Feb 25, 2010, 0100PM, Room 208 Cross Building Mar 2, 2010, 0200PM, Room 208 Cross Building Mar 4, 2010, 0230PM, Room 208 Cross Building

Education and Cultural Affairs Committee:

LD 1563: Resolve, To Develop a Model Academic Year Calendar   Web Link to LD 1563

Description: This resolve directs the Commissioner of Education to establish a study group consisting of kindergarten-to-grade-12 school officials, primarily superintendents and career and technical education directors, to prepare a draft model academic year calendar by December 1, 2010. It also authorizes the joint standing committee of the Legislature having jurisdiction over education matters to
Position: Status: RESOLVE , Chapter 154
Sponsor: Representative SUTHERLAND of ChapmanCosponsors: Representative FINCH of Fairfield Representative JOHNSON of Greenville Representative LOVEJOY of Portland Representative McFADDEN of Dennysville
Committee: E&CAHearing: Jan 7, 2010, 1 PM Room 202 CSOB
Work Session: Jan 13, 2010, 0100PM, Cross State Office Building Room 202 Feb 4, 2010, 0100PM Room 214 Cross Building

Health and Human Services Committee:

LD 1592: An Act To Update the Laws Affecting the Maine Center for Disease Control and Prevention   Web Link to LD 1592

Description: This bill implements the recommendations of an interagency work group on the control of rabies and allocates the responsibilities in various situations for taking possession, quarantine, confinement, testing and euthanasia of certain animals. This bill increases the maximum fees that may be charged with respect to certain documents regarding birth, marriage and death and requires that a portion of these fees be remitted to the Department of Health and Human Services, Maine Center for Disease Control and Prevention. It increases the maximum fee that may be charged for certain plumbing permits. It increases the license fee for certain eating establishments, eating and lodging places, lodging places, recreational camps, youth camps and camping areas and allows the department to collect a transaction fee from a licensee who renews a license electronically. It increases the fee for a voluntary inspection by the department of an electrologist's training, place of practice and equipment. It increases the license fee for micropigmentation practitioners and tattoo and body piercing artists. It provides that fees collected by the department for an inspection of an electrologist's training, place of practice and equipment and license fees for micropigmentation practitioners and tattoo and body piercing artists must be deposited into a special revenue account for health inspections.
Position: Status: Ant. Div. Rep.
Sponsor: Representative MARTIN of Eagle LakeCosponsors:
Committee: HHSHearing: Feb 3, 2010, 0100PM, Room 209 Cross Building
Work Session: Feb 10, 2010, 0100PM, Room 209 Cross Building Feb 18, 2010, 0300PM, Room 209 Cross Building

Insurance and Financial Services Committee:

LD 1708: An Act To Expand the Opportunity for Persons To Acquire Health Care Coverage under the State's "Mini-COBRA" Program   Web Link to LD 1708

Description: his bill modifies Maine's so-called mini-COBRA law to make persons permanently laid off from their employment eligible to maintain, at their expense, coverage under their former employer's group health plan. Currently, the law limits eligibility to persons who are temporarily laid off or who have a condition that makes them eligible for workers' compensation.
Position: Status: Tabled
Sponsor: Representative MAZUREK of RocklandCosponsors: Representative BERRY of Bowdoinham Representative BUTTERFIELD of Bangor Representative CAIN of Orono Senator DAMON of Hancock Representative EBERLE of South Portland Representative MacDONALD of Boothbay Representative O'BRIEN of Lincolnville Speaker PINGREE of North Haven Representative WELSH of Rockport
Committee: IFSHearing: Jan 27, 2010, 0100PM, Room 427 State House
Work Session: Feb 2, 2010, 0200PM, Room 427 State House Mar 2, 2010, 1230PM, Room 427 Sate House

LD 1769: An Act To Extend Access to Federal Health Insurance Premium Assistance   Web Link to LD 1769

Description: The American Recovery and Reinvestment Act of 2009 provided help to people who lost their jobs from September 1, 2008 to December 31, 2009 by paying 65% of their so-called COBRA health insurance coverage for a period of 9 months from the time they were terminated. Public Law 2009, chapter 244, Part J provided a 2nd election period for certain workers who had declined coverage referred to as Mini-COBRA coverage before the federal subsidies were available. The United States Congress recently passed an extension of the COBRA coverage provisions, extending the job termination date for eligibility for the subsidies from December 31, 2009 to February 28, 2010 and the COBRA 65% assistance from 9 months to 15 months. This bill extends the coverage period consistent with federal law for those workers who enrolled in Mini-COBRA during the 2nd election period.
Position: Status: Pending Final Committee Action
Sponsor: Representative TREAT of HallowellCosponsors: Senator BOWMAN of York
Committee: IFSHearing: Feb 24, 2010, 0100PM, Room 427 State House
Work Session: Mar 2, 2010, 1230PM, Room 427 Sate House

Labor Committee:

LD 192: An Act To Index the State Minimum Wage to Inflation   Web Link to LD 192

Description: This bill provides for the state minimum hourly wage to be adjusted for inflation beginning January 1, 2010 and annually thereafter. The bill requires the Department of Labor to calculate the inflation-adjusted minimum hourly wage based on changes in the consumer price index and to exclude from the calculation any month in which the State's unemployment rate exceeds the national unemployment rate.
Position: Status: MAJ: Ought Not to Pass, MIN: Ought to Pass
Sponsor: Representative TUTTLE of SanfordCosponsors: Representative BERRY of Bowdoinham Representative CLARK of Millinocket Representative DRISCOLL of Westbrook Senator GERZOFSKY of Cumberland Senator JACKSON of Aroostook Speaker PINGREE of North Haven Representative PIOTTI of Unity
Committee: LabHearing: Feb 18, 2010, 0100PM, Room 220 Cross Building
Work Session: Feb 22, 2010, 0100PM, Room 220 Cross Building Mar 1, 2010, 0100PM, Room 220 Cross Building

LD 403: An Act To Increase the Minimum Wage   Web Link to LD 403

Description: This bill increases the minimum wage to $8.20 per hour in 2010 and to $8.90 in 2011. Each year after that, the minimum wage is adjusted based on changes in prices, so that the minimum hourly wage rate maintains employee purchasing power. The price adjustment is based on the change in the Consumer Price Index.
Position: Status: Leave To Withdraw
Sponsor: Representative TUTTLE of SanfordCosponsors: Senator BARTLETT of Cumberland Representative BLODGETT of Augusta Senator GERZOFSKY of Cumberland Representative GILBERT of Jay Senator JACKSON of Aroostook President MITCHELL of Kennebec Speaker PINGREE of North Haven Senator SULLIVAN of York Representative TRINWARD of Waterville
Committee: LabHearing:
Work Session:

LD 1529: An Act To Amend the Maine Workers' Compensation Act of 1992 Regarding Coordination of Benefits   Web Link to LD 1529

Description: This bill, which is in response to the decision of the Maine Supreme Judicial Court in Nichols v. S.D. Warren/Sappi, 2007 ME 103, 928 A.2d 732, provides that "disability insurance policy," as used in the coordination of benefits provisions of the Maine Workers' Compensation Act of 1992, does not include a life insurance policy that includes a disability feature.
Position: Status: Ought to Pass as Amended
Sponsor: Senator JACKSON of AroostookCosponsors:
Committee: LabHearing: Feb 4, 2010, 0100PM, Room 220 Cross Building
Work Session: Feb 11, 2010, 0100PM, Room 220 Cross Building

LD 1545: An Act To Protect Maine Workers   Web Link to LD 1545

Description: This bill prohibits an employer from employing foreign laborers for 5 years if the employer violates the required proof of equipment ownership or foreign labor certification laws.
Position: Status: Tabled
Sponsor: Senator JACKSON of AroostookCosponsors: Senator GERZOFSKY of Cumberland Representative MARTIN of Eagle Lake Speaker PINGREE of North Haven
Committee: LabHearing: Feb 25, 2010, 0100PM, Room 220 Cross Building
Work Session: Mar 4, 2010, 0100PM, Room 220 Cross Building Mar 11, 2010, 0100PM, Room 220 Cross Building

LD 1566: An Act Relating to the Membership of the Workers' Compensation Board   Web Link to LD 1566

Description: This bill clarifies the current restrictions on Workers' Compensation Board membership related to lobbying and being a service provider to the workers' compensation system.
Position: Status: Ought To Pass As Amended
Sponsor: Representative BUTTERFIELD of BangorCosponsors: Representative BLODGETT of Augusta Representative CROCKETT of Augusta Representative CUSHING of Hampden Senator JACKSON of Aroostook Representative THIBODEAU of Winterport
Committee: LabHearing: Feb 4, 2010, 0100PM, Room 220 Cross Building
Work Session: Feb 11, 2010, 0100PM, Room 220 Cross Building Feb 22, 2010, 0100PM, Room 220 Cross Building

LD 1626: An Act To Amend the Unemployment Compensation Laws Regarding Vacation Pay   Web Link to LD 1626

Description: Under current law, an individual is disqualified from receiving unemployment compensation benefits for any week in which the individual receives, is entitled to receive or has received remuneration in the form of vacation pay. This bill removes that restriction.
Position: Status: MAJ: Ought to Pass as Amended, MIN: Ought Not to Pass
Sponsor: Speaker PINGREE of North HavenCosponsors: Representative BUTTERFIELD of Bangor Representative CAMPBELL of Newfield Senator DAMON of Hancock Representative DOSTIE of Sabattus Representative DRISCOLL of Westbrook Senator GOODALL of Sagadahoc Representative HANLEY of Gardiner Senator JACKSON of Aroostook Representative KNIGHT of Livermore Falls Representative MAZUREK of Rockland Senator McCORMICK of Kennebec President MITCHELL of Kennebec Representative MITCHELL of the Penobscot Nation Senator NUTTING of Androscoggin Representative TUTTLE of Sanford
Committee: LabHearing: Jan 14, 2010 - 1 PM Room 220 CSOB
Work Session: Jan 25, 2010, 0100PM, Room 220 Cross Building

LD 1665: An Act To Prevent the Spread of H1N1   Web Link to LD 1665

Description: This bill requires an employer to give a maximum of 52 accrued hours of paid sick leave per year to any employee who is employed by a large business employer and a maximum of 26 accrued paid sick leave hours per year to any employee who is employed by a small business employer. Paid sick leave is accrued from the first day of employment and can be used on the 90th day and thereafter. Earned paid sick leave may be used by an employee during an absence from employment due to the illness of an employee or illness of an employee's family member, if the employee's place of business is closed due to a public health emergency, if an employee needs to care for a dependent whose school or place of care has been closed due to a public health emergency, for the purpose of an employee accessing necessary preventive health care or an employee's family member accessing necessary preventive health care or due to the employee or the employee's family member being a victim of stalking, domestic violence or sexual abuse.
Position: Status: Tabled
Sponsor: President MITCHELL of KennebecCosponsors: Representative BUTTERFIELD of Bangor Representative CAMPBELL of Newfield Senator DAMON of Hancock Senator GERZOFSKY of Cumberland Senator HOBBINS of York Senator JACKSON of Aroostook Speaker PINGREE of North Haven Representative PIOTTI of Unity Representative WALSH INNES of Yarmouth
Committee: LabHearing: Jan 14, 2010 - 1 PM Room 220 CSOB
Work Session: Mar 8, 2010, 0100PM, Room 220 Cross Building Mar 11, 2010, 0100PM, Room 220 Cross Building

LD 1681: An Act To Implement a Maine Unemployment Insurance Work-sharing Program   Web Link to LD 1681

Description: This bill creates a work-sharing 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 work-sharing 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.
Position: Status: DEAD
Sponsor: Senator JACKSON of AroostookCosponsors: Representative BLODGETT of Augusta Representative BUTTERFIELD of Bangor Representative CUSHING of Hampden Senator DAVIS of Cumberland
Committee: LabHearing:
Work Session:

Legal and Veterans Affairs Committee:

LD 1168: An Act To Allow the Taste Testing of Malt Liquor and Spirits   Web Link to LD 1168

Description: This bill allows taste testing of distilled spirits in agency liquor stores and malt liquor in retail stores with off-premises licenses in the same manner and under the same conditions as wine taste testings are currently conducted.
Position: Status: DEAD
Sponsor: Representative HARVELL of FarmingtonCosponsors: Representative BOLAND of Sanford Representative BUTTERFIELD of Bangor Representative CLARK of Easton Representative CORNELL du HOUX of Brunswick Representative COTTA of China Representative KAENRATH of South Portland Representative SCHATZ of Blue Hill Senator SIMPSON of Androscoggin Representative TRINWARD of Waterville
Committee: L&VAHearing: Apr 6, 2009, 0900AM, ROOM 437 STATE HOUSE
Work Session:

LD 1559: An Act Regarding Liquor Licenses for Qualified Catering Services   Web Link to LD 1559

Description: This bill specifies that a qualified catering service that is eligible for a liquor license may host up to 12 events per year at a facility owned by the catering service and serve alcoholic beverages to be consumed on the premises.
Position: Status: Ought To Pass As Amended
Sponsor: Senator BLISS of CumberlandCosponsors: Representative DILL of Cape Elizabeth Representative EBERLE of South Portland Representative MORRISON of South Portland
Committee: L&VAHearing: Jan 11, 2010 - 10 AM Room 437 State House
Work Session: Jan 27, 2010, 0100PM, ROOM 437 STATE HOUSE

LD 1596: An Act Regarding Mobile Service Bars at Municipal Golf Courses   Web Link to LD 1596

Description: Current law requires that only employees of a golf course may dispense or sell malt liquor from a licensed mobile service bar. This bill provides that employees of a restaurant or lounge licensed to serve alcoholic beverages that is contracted by a municipal golf course that does not have its own liquor license may sell or dispense malt liquor from a mobile service bar on the municipal golf course.
Position: Status: PUBLIC Law, Chapter 472
Sponsor: Senator PERRY of PenobscotCosponsors:
Committee: L&VAHearing: Jan 11, 2010, 1000AM, Room 437 State House
Work Session: Jan 13, 2010, 1000AM, Room 437 State House

Natural Resources Committee:

LD 1538: An Act To Close Loopholes in Environmental Laws   Web Link to LD 1538

Description: This bill clarifies the "permit shield" provision of the waste discharge law to replace a reference to "this chapter" with a reference to the relevant sections. The bill also clarifies the forest management exemption of the storm water management law to include some language from a similar exemption in the Natural Resources Protection Act. The bill provides that when a municipal planning board is determining whether 2 or more contiguous nonconforming lots must be treated as a single lot under shoreland zoning because they are owned by the same person, the planning board may consider whether the same person owns or has a financial interest in both lots, even if such ownership or financial interest is jointly held with other persons or as a member, officer or shareholder of a corporation. The bill clarifies the exemption from the Natural Resources Protection Act for road construction used primarily for forest management activities and not used to access development. The exemption currently does not apply to roads that provide access to development in a subdivision, and the bill changes the text from "to development in a subdivision" to "to a subdivision."
Position: Status: Ought To Pass As Amended
Sponsor: Representative WELSH of RockportCosponsors: Representative DUCHESNE of Hudson Representative EBERLE of South Portland Representative MAZUREK of Rockland Senator NASS of York
Committee: NRHearing: Jan 8, 2010, 0900AM, Room 214 Cross Building
Work Session: Jan 21, 2010, 0100PM, 214 Cross Building Feb 18, 2010, 0200PM, Room 214 Cross Building

LD 1573: An Act To Improve Water Quality through the Phaseout of Overboard Discharges and the Improvement of the Boat Pump-out Laws   Web Link to LD 1573

Description: The bill does the following. It provides that, subject to the availability of funds, the Commissioner of Environmental Protection pays a portion of the cost of the alternative to an overboard discharge system in the form of a grant if certain criteria are met. Where the grant is insufficient to cover the cost of removal, the commissioner may offer a loan using funds from the revolving loan fund. It sets an upper limit on income eligibility for funding to assist the owner of an overboard discharge and makes several changes and clarifications to the meaning of "annual income." It clarifies the ownership transfer provisions and requires an alternatives analysis and possible replacement of an overboard discharge prior to significant reconstruction of the primary residence, expansion of the primary residence by 30%, division of the lot or transfer of the adjacent lot where the same person has a financial interest in the lot with the primary residence and the adjacent lot. Also, an alternative system to an overboard discharge must be removed where connection to a public sewer is practicable. It changes references to "relicensing" overboard discharges to "licensing" and requires that an identified technologically proven replacement system be installed within 180 days of site evaluation approval and written notification by the Department of Environmental Protection. It also provides that the overboard discharge owner may apply for funding and provides for the postponement of replacement system installation should grant funding not be available. The bill requires that watercraft sanitary waste pump-out facilities at marinas be easily accessible and functional during normal working hours and at all stages of the tide. The bill also sets an upper limit on the pump-out fee equivalent to 200% of the fee limit set pursuant to the Clean Vessel Act of 1992. The bill also allows the licensing of existing overboard discharges that have no practicable alternatives.
Position: Status: Tabled
Sponsor: Speaker PINGREE of North HavenCosponsors: Senator DAMON of Hancock Representative DUCHESNE of Hudson Senator GERZOFSKY of Cumberland Representative MAZUREK of Rockland Representative PERCY of Phippsburg Senator TRAHAN of Lincoln Representative VAN WIE of New Gloucester Representative WEBSTER of Freeport
Committee: NRHearing: Jan 8, 2010 - 9 AM Room 214 CSOB
Work Session: Feb 2, 2010, 0100PM, Room 214 Cross Office Building Feb 19, 2010, 0900AM, Room 214 Cross Building Feb 25, 2010, 0200PM, Room 214 Cross Building Mar 2, 2010, 0100PM, Room 214 Cross Buidling Mar 9, 2010, 0100PM, Room 214 Cross Building Mar 9, 2010, 0145PM, Room 214 Cross Building

LD 1603: An Act To Amend Laws Administered by the Department of Environmental Protection   Web Link to LD 1603

Description: This bill changes the description of where a town may use its highway equipment for fire and police protection from "private roads, private ways or bridges" to "private ways." With respect to fire and police protection, it restores the laws governing the use of the highway equipment of a town on private ways to substantially the form they had before the enactment of Public Law 2009, chapter 239. The bill also specifies that the residents of a town or village corporation at a town or village corporation meeting may appropriate funds to repair a private road, way or bridge for the purpose of protecting or restoring a great pond. It amends the laws governing oil discharges to make it clear that the authority of the Commissioner of Environmental Protection to issue clean-up orders extends to all oil discharges and is not limited to discharges that emanate from a storage tank. It updates language regarding 3rd-party damage claims arising from oil discharges. It amends the laws governing oil discharges to authorize the Department of Environment Protection, consistent with current authority under the law governing uncontrolled hazardous substance sites, to include interest when placing liens to recover costs incurred by the department in response to an oil discharge. It clarifies the circumstances under which the owner of a parcel of land on which an out-of-service oil storage facility is located may be held responsible for properly abandoning the facility. It prohibits the return to service of a single-walled underground oil storage tank that has been out of service for more than 12 months. It clarifies the applicability of the deductible amount that must be paid by the owner or operator of a leaking oil storage tank when seeking coverage of clean-up costs from the Ground Water Oil Clean-up Fund when the owner has failed to comply with the requirement to obtain a construction permit from the Office of the State Fire Marshal. It clarifies applicability of the deductible amount that must be paid by the owner or operator of a leaking oil storage tank when seeking coverage of clean-up costs from the Ground Water Oil Clean-up Fund if the tank fails to conform to the requirements of the Oil and Solid Fuel Board. It expands the enforcement options available to the Commissioner of Environmental Protection when addressing violations of the lead abatement laws. It allows a landlord to employ a lead dust sampling technician to show that a dwelling unit qualifies for listing on the registry of leased lead-safe residential dwellings. Under current law, a landlord must use a lead inspector. It authorizes the Department of Environmental Protection to recover costs incurred in responding to a discharge of hazardous waste, waste oil and biomedical waste by placing a lien against the real estate of the responsible party. It amends the laws governing mercury-added products to consolidate provisions prohibiting the sale of mercury manometers and thermometers. It amends the laws governing mercury thermostats to consolidate requirements for thermostat wholesalers. It deletes language in unallocated law that requires the Department of Environmental Protection to hold consolidated proceedings with the Department of Transportation in certain situations. It amends the laws governing the Ground Water Oil Clean-up Fund to authorize disbursements for the cleanup of discharges from oil storage facilities whether or not the oil reaches ground water. It amends the laws governing wellhead protection to make it clear that an abandoned underground oil storage facility located within a wellhead protection zone may not be replaced. It clarifies the prohibition on the sale of mercury-added silver oxide button cell batteries.
Position: Status: Ought To Pass As Amended
Sponsor: Senator GOODALL of SagadahocCosponsors: Representative BERRY of Bowdoinham Representative BUTTERFIELD of Bangor Senator DAMON of Hancock Representative DUCHESNE of Hudson Representative HASKELL of Portland Representative HINCK of Portland
Committee: NRHearing: Jan 8, 2010 - 9 AM Room 214 CSOB
Work Session: Jan 21, 2010, 0100PM, 214 Cross Building

LD 1787: An Act To Provide for Legislative Review of Recently Proposed Revisions to Certain Rules Adopted Pursuant to the Site Location of Development Laws   Web Link to LD 1787

Description: This bill requires that rules adopted by the Department of Environmental Protection pursuant to the site location of development laws after January 1, 2010 and before January 1, 2012 are major substantive rules, except for storm water management rules, which remain routine technical rules. Any major substantive rules provisionally adopted for the site location of development laws in 2010 must be submitted to the Joint Standing Committee on Natural Resources. All rules adopted after January 1, 2012 are routine technical rules.
Position: Status: Ought To Pass As Amended
Sponsor: Senator Seth GoodallCosponsors:
Committee: NRHearing: Mar 2, 2010, 0100PM, Room 214 Cross Building
Work Session: Mar 2, 2010, 0100PM, Room 214 Cross Building

State and Local Government Committee:

LD 1569: An Act To Clarify the Informed Growth Act   Web Link to LD 1569

Description: This bill amends the Informed Growth Act by providing that the Informed Growth Act applies only to permits or approvals for new construction and that a change of use permit is not considered a land use permit requiring evaluation under the Informed Growth Act.
Position: Status: MAJ: Ought to Pass as Amended, MIN: Ought Not to Pass
Sponsor: Representative BEAUDETTE of BiddefordCosponsors: Senator COURTNEY of York Representative CROCKETT of Augusta Representative HANLEY of Gardiner Representative HAYES of Buckfield Representative MacDONALD of Boothbay Representative PILON of Saco Representative SCHATZ of Blue Hill
Committee: S&LGHearing: Jan 20, 2010, 0930AM, Room 216 Cross Office Building
Work Session: Feb 3, 2010, 1000am, Room 216 Cross Building

Taxation Committee:

LD 1253: An Act To Establish a Local Option Sales Tax   Web Link to LD 1253

Description: 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.
Position: Status: DEAD
Sponsor: Representative CROCKETT of AugustaCosponsors: Senator ALFOND of Cumberland Representative BERRY of Bowdoinham Representative BLODGETT of Augusta Representative COHEN of Portland Representative EBERLE of South Portland Representative FLEMINGS of Bar Harbor Senator JACKSON of Aroostook Representative MacDONALD of Boothbay Representative STEVENS of Bangor Representative TRINWARD of Waterville
Committee: TaxHearing: Apr 29, 2009, 0100PM Room 127 State House
Work Session: Jan 12, 2010 - 1 PM Room 127 State House Feb 2, 2010, 0300PM, Room 127 State House Feb 4, 2010, 0100PM, Room 127 State House Feb 11, 2010, 0100PM, Room 127 State House

LD 1539: An Act To Amend the Tax Laws   Web Link to LD 1539

Description: This bill makes the following changes to the laws governing taxation. The bill clarifies the procedure for apportionment of county taxes in the unorganized territory, requires the county commissioners to issue their warrant for county taxes by July 15th and provides that the county must bear the cost of a supplemental assessment if they fail to do so. The bill provides that a credit or reimbursement allowed or paid that is recoverable by the State Tax Assessor is a tax for purposes of the administrative provisions of the Maine Revised Statutes, Title 36. The bill imposes interest on credits and reimbursements allowed or paid that are recoverable by the State Tax Assessor. The bill repeals the requirement that a nonresident purchaser must have been employed or registered to vote in another state in order to qualify for exemption from Maine use tax on an automobile purchased and used in the other state. The bill provides that an insurance agency may elect to collect and pay the tax on surplus lines premiums on behalf of its employees who are surplus lines producers. The bill limits the exemption for internal combustion engine fuel sold wholly for exportation from the State to sales by a licensed distributor or an exporter. The bill limits the exemption for special fuel sold only for exportation from the State to sales by a licensed supplier.
Position: Status: PUBLIC Law, Chapter 496
Sponsor: Representative WATSON of BathCosponsors: Senator PERRY of Penobscot
Committee: TaxHearing: Jan 14, 2010 - 1 PM Room 127 State House
Work Session: Jan 21, 2010, 0100PM Room 127 State House

LD 1540: An Act To Amend the Tax Laws   Web Link to LD 1540

Description: This bill makes the following changes to the laws governing taxation. The bill clarifies the procedure for apportionment of county taxes in the unorganized territory, requires the county commissioners to issue their warrant for county taxes by July 15th and provides that the county must bear the cost of a supplemental assessment if they fail to do so. The bill provides that a credit or reimbursement allowed or paid that is recoverable by the State Tax Assessor is a tax for purposes of the administrative provisions of the Maine Revised Statutes, Title 36. The bill imposes interest on credits and reimbursements allowed or paid that are recoverable by the State Tax Assessor. The bill repeals the requirement that a nonresident purchaser must have been employed or registered to vote in another state in order to qualify for exemption from Maine use tax on an automobile purchased and used in the other state. The bill provides that an insurance agency may elect to collect and pay the tax on surplus lines premiums on behalf of its employees who are surplus lines producers. The bill limits the exemption for internal combustion engine fuel sold wholly for exportation from the State to sales by a licensed distributor or an exporter. The bill limits the exemption for special fuel sold only for exportation from the State to sales by a licensed supplier.
Position: Status: Tabled
Sponsor: Representative WATSON of BathCosponsors: Senator PERRY of Penobscot
Committee: TaxHearing: Jan 14, 2010 - 1 PM Room 127 State House
Work Session: Jan 21, 2010, 0100PM Room 127 State House Mar 9, 2010, 0300PM, Room 127 State House