Maine Innkeepers Association
Howe, Cahill & Company's Legislative Report
Report sorted by Priority. Updated 4/29/08 3:50:47 PM.
View report by Committee (http://howeandcompany.com/legisweb/1205/committee.htm).
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(c) 2008 Howe, Cahill & Company, may not be reproduced without written permission.
Priority Legislation
LD 1345: Act To Simplify Standards for Determining Independent Contractor Status for Unemployment Compensation Purposes Web Link to LD 1345
| Description: | This bill defines "independent contractor" under the laws governing unemployment compensation to make it consistent with the definition of that term under the laws governing workers' compensation. In addition, this bill authorizes the Bureau of Unemployment Compensation to issue a predetermination of independent contractor status. |
| Position: | | Status: | Dead |
| Sponsor: | Representative Janet Mills | Cosponsors: | |
| Committee: | Lab | Hearing: | Mon Apr 23, 2007 10AM rm 220 CSOB |
| | | Work Session: | Mon Dec 10, 2007, 10:00 am
Room 220 Cross Building |
LD 1697: An Act To Ensure Fair Wages Web Link to LD 1697
| Description: | This bill increases the minimum wage to $7.70 per hour in 2008 and to $8.40 per hour in 2009. Each year after that, the minimum wage is adjusted based on changes in prices, so that the minimum hourly wage will retain its purchasing power. The price adjustment is based on the change in the Consumer Price Index.
The bill also removes exemptions to the State's minimum wage and overtime laws. The bill also changes the tip credit to $3 per hour rather than 50% of the state minimum wage as under current law.
The bill also amends the laws governing enforcement of minimum wage and overtime laws by increasing penalties, increasing remedies in private civil actions and expanding the scope of antiretaliation provisions.
COMMITTEE AMENDMENT "A", which is the majority report of the Joint Standing Committee on Labor, does the following.
1. It lessens the increase in the minimum wage proposed in the bill. Rather than raising the minimum wage to $7.70 per hour in 2008 and to $8.40 per hour in 2009, the amendment raises the minimum wage to $7.35 per hour in 2008, to $7.70 per hour in 2009 and to $8.00 per hour in 2010.
2. It amends the date to begin the calculation of the adjusted minimum wage rate using the Consumer Price Index for Urban Wage Earners and Clerical Workers, CPI-W, from September 30, 2009 to September 30, 2010.
3. It removes the bill’s proposed changes to the tip credit an employer may consider as part of the wages of a service employee.
SENATE AMENDMENT "A" TO COMMITTEE AMENDMENT "A" reduces the increase in the minimum wage proposed in Committee Amendment "A" from $7.35 per hour in 2008 and $7.70 per hour in 2009 to $7.25 per hour in 2008 and $7.50 per hour in 2009. This amendment also eliminates the increase proposed for 2010 and eliminates the annual indexing.
SENATE AMENDMENT "A" removes provisions regarding employees' remedies and provisions that increase penalties for violation of the minimum wage laws.
SENATE AMENDMENT "C" TO COMMITTEE AMENDMENT "A' requires the Department of Labor, Bureau of Labor Standards to perform any inspection or investigation associated with the removal of several major exemptions from the minimum wage and overtime provisions under the Act using its existing resources. |
| Position: | Opposed | Status: | Public Law, Chapter 640 |
| Sponsor: | Senator Ethan Strimling | Cosponsors: | Representative BURNS of Berwick
Representative CLARK of Millinocket
Representative CRESSEY of Cornish
Representative DRISCOLL of Westbrook
Representative HARLOW of Portland
Representative HASKELL of Portland
Representative JACKSON of Allagash
Representative RAND of Portland
Senator SULLIVAN of York
Representative TUTTLE of Sanford |
| Committee: | Lab | Hearing: | Mon Nov 26, 2007, 10:00 am
Room 220 Cross Building |
| | | Work Session: | Mon. Feb. 25,2008, 2:00 PM Room 220, Cross State Office Building |
Legislation Of Interest
LD 270: Resolve, Establishing the Task Force To Eliminate Outdated or Unnecessary Laws and Rules To Stimulate Job Creation Web Link to LD 270
| Description: | This resolve is a concept draft pursuant to Joint Rule 208. This resolve proposes to create a task force composed of Legislators and members of the small business community. The task force would be required to examine laws and rules relating to the regulation of small business and report back to the Second Regular Session of the 123rd Legislature with recommendations to alter or eliminate those laws or rules that are unnecessary or outdated. |
| Position: | | Status: | Dead |
| Sponsor: | Representative ROBINSON of Raymond. | Cosponsors: | Senator BROMLEY of Cumberland and
Representatives AUSTIN of Gray, BEAULIEU of Auburn, CRAY of Palmyra, MAREAN of Hollis, RECTOR of Thomaston, SAVAGE D of Falmouth, SMITH N of Monmouth, SYKES of Harrison. |
| Committee: | BRED | Hearing: | Tues Feb 13,2007 1PM rm208 CSOB |
| | | Work Session: | Tue Dec 4, 2007, 1:00 pm
Room 208 Cross Office Building |
LD 276: RESOLUTION, Proposing an Amendment to the Constitution of Maine To Require the Legislature To Freeze the Valuation of Maine Primary Residence Land Web Link to LD 276
| Description: | This resolution proposes a constitutional amendment to require the Legislature to provide for freezing the valuation of primary residence land. As with existing constitutional provisions concerning current use valuation of farms, open space, forestland and waterfront land used for commercial fishing, the resolution proposes payment of a penalty for certain transfers of the primary residence land. |
| Position: | | Status: | Dead |
| Sponsor: | Senator PERRY J of Penobscot. | Cosponsors: | Representative PIOTTI of Unity and
Senator COURTNEY of York, Representatives CROCKETT of Augusta, PERCY of Phippsburg, WOODBURY of Yarmouth. |
| Committee: | Tax | Hearing: | Mon Mar 12, 2007 10AM rm 127 SH |
| | | Work Session: | Tue Jan 15, 2008, 1pm
Room 127 State House |
LD 790: An Act To Strengthen Rural Community Investment Web Link to LD 790
| Description: | This bill requires Maine Rural Partners to:
1. Complete pilot projects underway in the Town of Strong and Washington County to build innovative strategic plans and to create community investment mechanisms;
2. Prepare an analysis of the potential for attracting and leveraging investment in rural Maine communities; and
3. Make recommendations to the Legislature and Governor regarding methods of encouraging such investment.
This bill also makes ongoing General Fund appropriations of $150,000 per year beginning in fiscal year 2007-08 to be used to support Maine Rural Partners in carrying out its mission of strengthening rural community capacity and exploring innovative community investment mechanisms. |
| Position: | | Status: | Dead |
| Sponsor: | Senator Kevin Raye | Cosponsors: | Representative AYOTTE of Caswell
Senator BENOIT of Sagadahoc
Senator BROMLEY of Cumberland
Representative BROWNE of Vassalboro
Senator BRYANT of Oxford
Representative BRYANT of Windham
Representative CAIN of Orono
Representative CARTER of Bethel
Representative CLARK of Millinocket
Representative CLEARY of Houlton
Senator COURTNEY of York
Representative CRAY of Palmyra
Representative CROSTHWAITE of Ellsworth
Speaker CUMMINGS of Portland
Representative CURTIS of Madison
Senator DAMON of Hancock
Senator DIAMOND of Cumberland
Senator DOW of Lincoln
Representative DUCHESNE of Hudson
President EDMONDS of Cumberland
Representative FAIRCLOTH of Bangor
Representative FINLEY of Skowhegan
Representative FISCHER of Presque Isle
Representative FITTS of Pittsfield
Representative FLOOD of Winthrop
Representative GIFFORD of Lincoln
Representative GILES of Belfast
Senator GOOLEY of Franklin
Representative GOULD of South Berwick
Senator HASTINGS of Oxford
Representative HOLMAN of Fayette
Representative JACKSON of Allagash
Representative JOY of Crystal
Representative KOFFMAN of Bar Harbor
Representative LORING of the Penobscot Nation
Representative MacDONALD of Boothbay
Senator MARTIN of Aroostook
Representative MAZUREK of Rockland
Senator McCORMICK of Kennebec
Representative McFADDEN of Dennysville
Representative McLEOD of Lee
Representative MILLER of Somerville
Representative MILLETT of Waterford
Representative MILLS of Farmington
Senator MILLS of Somerset
Senator MITCHELL of Kennebec
Representative MUSE of Fryeburg
Senator NUTTING of Androscoggin
Representative PERCY of Phippsburg
Representative PERRY of Calais
Representative PIEH of Bremen
Representative PINGREE of North Haven
Representative PIOTTI of Unity
Representative RECTOR of Thomaston
Senator ROSEN of Hancock
Representative SAVIELLO of Wilton
Representative SCHATZ of Blue Hill
Senator SCHNEIDER of Penobscot
Senator SHERMAN of Aroostook
Senator SMITH of Piscataquis
Representative SMITH of Monmouth
Senator SNOWE-MELLO of Androscoggin
Senator STRIMLING of Cumberland
Representative TARDY of Newport
Representative TIBBETTS of Columbia
Senator TURNER of Cumberland
Representative WATSON of Bath
Senator WESTON of Waldo |
| Committee: | BRED | Hearing: | Tue Mar 13, 2007, 1PM rm 208 CSOB |
| | | Work Session: | Tue Dec 4, 2007, 9:30 am
Room 208 Cross Office Building |
LD 1047: An Act To Lower the Cost of Health Insurance Web Link to LD 1047
| Description: | This bill does the following.
Part A repeals the guaranteed issuance and community rating law for individual health plans effective April 1, 2008 and allows carriers to treat their pre-April 1, 2008 book of business separately from their post-April 1, 2008 book of business. It makes changes to the continuity of coverage laws to allow underwriting when someone switches carriers in the individual market.
Part A creates the Comprehensive Health Insurance Risk Pool Association. The purpose of the association is to spread the cost of high-risk individuals among all health insurers. The bill funds the high-risk pool through an assessment on insurers. An individual insured through the high-risk pool may be charged a premium up to 150% of the average premium rates charged by carriers for similar health insurance plans. The bill requires the State to submit an application to the Federal Government for federal assistance to create a high-risk pool.
Part A also removes the requirement that carriers offer standardized plans as defined in Bureau of Insurance Rule Chapter 750 in the individual market.
Part B repeals the community rating law for small group health plans effective January 1, 2009 and enacts in its place provisions governing the rating of small group health plans based on a model act from the National Association of Insurance Commissioners.
Part C allows a health maintenance organization to offer health plans that do not comply with geographic access standards if the health maintenance organization also offers health plans that comply with those access standards or offers a fee-for-service health plan.
Part D repeals the statutory provisions governing the State Health Plan and certificate of need.
Part E requires the Department of Professional and Financial Regulation, Bureau of Insurance to conduct a study of the State's rate and form filing laws and make recommendations for changes to reduce the costs and resources expended by health insurance carriers seeking regulatory approval of new health insurance products. |
| Position: | | Status: | Dead |
| Sponsor: | Representative Michael Vaughan | Cosponsors: | |
| Committee: | IF&W | Hearing: | Tue May 8, 2007 1PM rm 427 SH |
| | | Work Session: | Tue Oct 30, 2007, 11:00 am
Room 427 State House |
LD 1109: Resolve, To Establish a Study Commission To Reform Taxes and Spending in Maine Web Link to LD 1109
| Description: | This resolve establishes a study commission to review the Brookings Institution report, “Charting Maine’s Future: An Action Plan for Promoting Sustainable Prosperity and Quality Places.” The commission is to report back with suggested legislation for a yes or no vote, without amendments, on tax and spending reform for the State, with a focus on efficiency. |
| Position: | | Status: | Dead |
| Sponsor: | Senator Peter Bowman | Cosponsors: | Representative HILL of York
Senator TURNER of Cumberland
Representative WEAVER of York |
| Committee: | Tax | Hearing: | Fri May 25, 2007 9AM rm 127 SH |
| | | Work Session: | Thu Dec 6, 2007, 1:00 pm
Room 127 State House |
LD 1454: An Act To Care for Working Families Web Link to LD 1454
| Description: | This bill requires an employer to pay each employee a minimum of one hour of paid sick leave for every 30 hours worked by the employee. An employer is not required to provide to an employee paid sick leave in excess of 72 hours or 9 days annually. Paid sick leave may be used by an employee during an absence from employment due to the illness of the employee or the illness of an immediate family member.
The committee amendment (H-636), which is the majority report of the Joint Standing Committee on Labor, reduces the amount of paid sick leave required to be provided by employers. Under the bill, an employer is not required to provide an employee more than 9 days of sick leave annually. The amendment reduces the amount an employer is required to provide an employee from 9 days to 5 days of sick leave annually. The amendment also reduces from 5 to 3 the number of consecutive days of sick leave after which an employer may require verification of illness from an employee. |
| Position: | | Status: | Dead |
| Sponsor: | Representative NORTON of Bangor | Cosponsors: | Representative BURNS of Berwick
Representative CLARK of Millinocket
Representative DRISCOLL of Westbrook
Representative HASKELL of Portland
Representative JACKSON of Allagash
Representative SIMPSON of Auburn
Senator STRIMLING of Cumberland
Representative TUTTLE of Sanford
Representative WATSON of Bath |
| Committee: | Lab | Hearing: | Wed Apr 4, 2007, 1:00 pm
Room 220 Cross Building |
| | | Work Session: | Mon Nov 26, 2007, 1:00 pm
Room 220 Cross Building |
LD 1725: An Act To Modernize the Alcohol Tax by Imposing It on a Per Drink Basis Web Link to LD 1725
| Description: | Current taxes on beer and wine are imposed in 2 components, an excise tax and a premium tax. The excise tax goes to the General Fund; the premium tax supports a fund for the prevention of alcoholism.
This bill adjusts taxes on beer, wine, sparkling wine, fortified wine, hard cider and low-alcohol spirits products by establishing a uniform tax of 10¢ per drink. To accomplish this, the bill raises the premium tax on beer, hard cider and wine and reduces the premium tax on low-alcohol spirits products. This bill will significantly increase revenues for the prevention fund. Taxes on distilled spirits are unaffected by the bill.
The bill increases the premium tax on beer and hard cider from 10¢ per gallon to 82¢ per gallon. The premium tax on table wines increases from 30¢ per gallon to $2.26 per gallon. The premium tax on fortified wines and sparkling wines increases from 24¢ to $1.56 per gallon.
The premium tax on low-alcohol spirits products is reduced from 24¢ per gallon to 7¢ per gallon.
The tax on a 12-ounce can of beer will rise from 3.4¢ to 10¢. Tax on a 750-milliliter bottle of wine will rise from 12¢ to 67¢.
The bill indexes both the excise tax and the premium tax to inflation beginning in 2008. This provision will result in modest increases to both the General Fund and the prevention fund.
This bill also directs that increased premium tax revenues be used for substance abuse treatment and prevention programs, after-school programs and property tax relief, the latter by offsetting the cost of local law and liquor enforcement programs.
The bill establishes an effective date for the tax rate adjustments of January 1, 2008. |
| Position: | | Status: | Dead |
| Sponsor: | Representative Christopher Barstow | Cosponsors: | Senator BARTLETT of Cumberland
Representative FARRINGTON of Gorham
Representative GROSE of Woolwich
Senator MARRACHÉ of Kennebec
Representative PERRY of Calais
Representative PINGREE of North Haven
Senator STRIMLING of Cumberland
Representative WATSON of Bath
Representative WEDDELL of Frankfort |
| Committee: | Tax | Hearing: | Wed Apr 25, 2007 1PM rm 127 SH |
| | | Work Session: | Mon Nov 19, 2007, 1:00 pm
127 State House |
LD 1848: An Act To Promote Sustainable Prosperity Web Link to LD 1848
| Description: | The purpose of this bill is to implement the recommendations of the report by the Brookings Institution entitled "Charting Maine's Future: An Action Plan for Promoting Sustainable Prosperity and Quality Places."
Part A of this bill establishes the Maine Government Efficiency Commission and directs the commission to identify government expenditures that can be eliminated or reduced by consolidating governmental entities, increasing efficiency in the provision of services and eliminating duplication.
Part B of this bill establishes the Maine Government Efficiency Fund, which consists of that portion of undedicated General Fund revenues that is certified by the Office of Program Evaluation and Government Accountability to be directly attributable to savings resulting from reductions in spending in state and local government recommended by the Maine Government Efficiency Commission.
Part C of this bill authorizes the issuance of bonds for competitive grants for collaborative research and development activities with the goal of stimulating the State’s economic development.
Part D of this bill establishes the Maine Cluster Development Fund within the Office of Innovation in the Department of Economic and Community Development for the purpose of providing cluster development grants to be used for competitive grants to industry-led coalitions in the targeted technology sectors and the Innovation Jobs Fund within the Office of Innovation within the Department of Economic and Community Development. Part D also transfers funds from the Government Efficiency Fund, if sufficient funds exist and in this order of priority, to the Maine Cluster Development Fund, the Innovation Jobs Fund and the Fund for the Efficient Delivery of Local and Regional Services. Part D also requires that, when sufficient funds are available in the Government Efficiency Fund to fund the changes, the State Tax Assessor shall submit legislation to reduce the highest tax rate applicable to income from 8.5% to 8.0% and to increase by 20% the threshold for applying that rate.
Part E of this bill:
1. Establishes the Maine Community Enhancement Fund for the purposes of providing resources to towns and municipalities for community planning and facilitating and implementing comprehensive plans;
2. Authorizes, until December 31, 2012, a surcharge of $20 per transaction for all documents that are recorded in the registry of deeds and transfers revenue from this surcharge for deposit into the Maine Community Enhancement Fund;
3. Directs the Executive Department, State Planning Office to establish a pilot project for a regional planning initiative involving multiple political subdivisions of the State;
4. Allocates funds from the Maine Community Enhancement Fund to the Maine Downtown Center, to the State Planning Office for assisting municipalities in implementing any applicable statewide building code, and to the State Planning Office for a pilot project for a regional planning initiative involving multiple political subdivisions of the State.
Part F of this bill directs the Department of Administrative and Financial Services, Bureau of Revenue Services to implement a program to reimburse service center communities for property taxes lost by reason of the nontaxable status of property of regional significance located within that community. |
| Position: | | Status: | Dead |
| Sponsor: | President Beth Edmonds | Cosponsors: | Speaker CUMMINGS of Portland
Representative EBERLE of South Portland
Senator HOBBINS of York
Senator NUTTING of Androscoggin
Representative PIOTTI of Unity
Senator SCHNEIDER of Penobscot
Representative SIROIS of Turner |
| Committee: | Trans | Hearing: | Tue May 15, 2007, 1:00 pm
228 State House |
| | | Work Session: | Tue Apr 8, 2008, 1:00 pm Room 228 State House |
LD 1952: An Act To Streamline the Administration of Significant Vernal Pool Habitat Protection Web Link to LD 1952
| Description: | This bill narrows the requirement for notification concerning significant wildlife habitats from those listed in the Maine Revised Statutes, Title 38, section 480-B, subsection 10, paragraph B to those listed in section 480-B, subsection 10, paragraph B, subparagraphs (2) and (3), thereby removing vernal pools from the operation of that notification statute. The bill provides further requirements for the Department of Environmental Protection to incorporate into rules regarding the identification of significant vernal pool habitats. The bill further requires the Department of Inland Fisheries and Wildlife to amend its regulatory definition of "significant vernal pools" consistent with this change where applicable.
LD 1952 reference page
THE COMMITTEE AMENDMENT further narrows the requirement for notification concerning significant wildlife habitats to shorebird nesting, feeding and staging areas. It clarifies that for purposes of identifying a significant vernal pool habitat, the consideration of rare species is limited to the species identified in the bill. It clarifies that in order to be identified as part of a significant vernal pool habitat, the vernal pool may not have a permanently flowing inlet or outlet. It also adds an emergency preamble and an emergency clause. |
| Position: | | Status: | Public Laws, Ch. 482 |
| Sponsor: | Rep Koffman | Cosponsors: | Sen. Martin, Reps. Duchesne, Pingree, Wagner |
| Committee: | NR | Hearing: | Thurs. Feb. 7,2008, 1:00 PM Room 214, Cross State Office Building |
| | | Work Session: | Thu Feb 14, 2008, 1:00 pm Cross Building Room 214 |
LD 1959: An Act To Promote Tourism in Maine and the Purchase of Products Made in Maine Web Link to LD 1959
| Description: | This bill authorizes facilities along the Maine Turnpike to promote tourism in Maine by selling products that are made or primarily made in Maine or to which value is added in Maine. |
| Position: | | Status: | Public Law, Chapter 480 |
| Sponsor: | Sen. Damon | Cosponsors: | Reps Marley, Cebra, Crockett, Eberle, Hogan Mazurek, Peoples, Sens. Bromley, Edmonds |
| Committee: | Trans | Hearing: | Tues. Jan. 15,2008 1:00 PM Room 126, State House |
| | | Work Session: | Tue Jan 22, 2008, 1:00 pm Room 126 State House |
LD 1981: An Act To Exempt Certain Facilities from Increased Fire Sprinkler Requirements Web Link to LD 1981
| Description: | The committee amendment replaces the bill. It requires that rules pertaining to the fire safety of certain buildings and of mass gatherings are routine technical rules, but that those relating to fire sprinklers are major substantive rules subject to legislative review.
The floor amendment provides that rules and policies pertaining to fire sprinklers that implement the National Fire Protection Association 2006 Life Safety Code adopted by the State Fire Marshal on or after September 1, 2007 are major substantive rules, and specifies that this provision applies retroactively to September 1, 2007. |
| Position: | | Status: | Public Law, Chapter 632 |
| Sponsor: | Sen. Martin | Cosponsors: | Sens. Mitchell, Damon, Smith, Weston, Reps. Annia, Jackson |
| Committee: | CJ | Hearing: | Wed., Jan. 16,2008 9:30 AM Room 436, State House |
| | | Work Session: | Fri Feb 1, 2008, 9:30am
Room 436 State House |
LD 1987: An Act To Allow Direct-to-consumer Wine Sales Web Link to LD 1987
| Description: | This bill allows direct-to-consumer sales of wine to state-registered buyers. |
| Position: | | Status: | Dead |
| Sponsor: | Sen. Bromley | Cosponsors: | Reps. Smith, Dill, Eberle, Pingree, Samson, Silsby, Sens. Damon, Nutting |
| Committee: | L&VA | Hearing: | Mon Feb 25, 2008, 1:00 pm
Room 437 State House
Mon. Feb. 25,2008, 1:00 PM Room 437, State House |
| | | Work Session: | Mon Mar 3, 2008, 11:00 am
Room 437 State House |
LD 1995: An Act To Strengthen the Maine Small Business and Entrepreneurship Commission Web Link to LD 1995
| Description: | The committee amendment replaces the bill. It removes the District Director of the United States Small Business Administration's Maine District Office as a member of the Small Business and Entrepreneurship Commission. The amendment also requires the commission to submit an annual report beginning January 15, 2009 to the joint standing committee of the Legislature having jurisdiction over business, research and economic development matters that includes the commission’s proposed quarterly meeting schedule for the year, as well as a summary of the Small Business Development Center Program’s activities in Maine that focuses on its collaborative efforts with other economic development programs in the State. It also establishes 3-year terms for public members appointed to the commission and requires the Commissioner of Economic and Community Development to establish staggered terms for the public members. |
| Position: | | Status: | Public Law, Chapter 585 |
| Sponsor: | Sen. Bromley | Cosponsors: | Reps. Smith, Beaudette, Eberle, Pingree, Samson, Silsby, Sens. Hobbins, Nutting, Schneider |
| Committee: | BRED | Hearing: | Thurs. Feb. 14,2008, 1:00 PM Room 208, Cross State Office Building |
| | | Work Session: | Thu Mar 6, 2008, 02:00 pm
Room 208 Cross Office Building |
LD 2016: An Act To Safeguard Imperiled or Critically Imperiled Natural Communities within Protected Natural Resources Web Link to LD 2016
| Description: | This bill provides protection under the Natural Resource Protection Act for imperiled or critically imperiled natural communities, as identified by the Department of Conservation, that are located within protected natural resources. |
| Position: | | Status: | Dead |
| Sponsor: | Rep. Percy | Cosponsors: | Sen. Martin, Reps. Duchesne, Koffman, Saviello, Watson, Sens. Damon, Rosen |
| Committee: | NR | Hearing: | Thurs. Jan. 31, 2008, 1:00 PM Room 214, Cross State Office Building |
| | | Work Session: | |
LD 2019: An Act To Implement the Recommendations of the Governor's Task Force on Passenger Rail Funding Web Link to LD 2019
| Description: | The committee amendment, which is the majority report, replaces the bill. The amendment, beginning July 1, 2009, dedicates a percentage of sales tax revenue imposed on the value of rental for a period of less than one year of an automobile to the State Transit, Aviation and Rail Transportation Fund, also known as the STAR Transportation Fund, to support transit, aeronautics and rail transportation, including the Downeaster train service. |
| Position: | | Status: | Public Law, Chapter 677 |
| Sponsor: | Rep. Marley | Cosponsors: | Sens. Edmonds, Damon, Turner, Reps. Craven, Eberle, Hill, Hogan, Mazurek, Patrick |
| Committee: | Trans | Hearing: | Thu Mar 27, 2008, 1:00 pm
Room 126 State House |
| | | Work Session: | Thu Mar 27, 2008, 1:00 pm
Room 126 State House |
LD 2059: An Act To Establish a Wellness Tax Credit Web Link to LD 2059
| Description: | This bill provides a tax credit to employers for the expense of developing, instituting and maintaining wellness programs for their employees in the amount of $100 per employee, up to a maximum of $10,000. A wellness program includes programs for behavior modification, such as smoking cessation programs, equipping and maintaining an exercise facility and providing incentive awards to employees who exercise regularly. |
| Position: | | Status: | Dead |
| Sponsor: | Rep. Giles | Cosponsors: | Sen. Turner, Benoit, Nutting, Reps. Cotta, Flood, Rector, Saviello, Strang Burgess |
| Committee: | Tax | Hearing: | Tues. Jan. 22,2008 1:00 PM Room 127, State House |
| | | Work Session: | Tue Jan 29, 2008, 1PM
Room 127 State House |
LD 2073: An Act To Prevent Contamination of Drinking Water Supplies Web Link to LD 2073
| Description: | The bill restricts certain types of development near drinking water wells to prevent contamination by oil and hazardous matter. The bill gives municipal code enforcement officers the authority to enforce the restrictions. Specifically, it deals with oil storage facilities used to store oil for use OFF premises, and several specific types of business, not including housing. There is a specific exemption to the prohibition against above-ground oil tanks in wellhead protection zones, for tanks used to store heating oil to be used on the premises. Similarly, there are exemptions to the registration requirements and installation standards for oil storage tanks.
THE COMMITTEE AMENDMENT strikes the provisions in the bill that call for the new wellhead protection requirements to be administered and enforced primarily at the local level. It amends the definition of "aboveground oil storage tank," adds a definition of the term "aboveground heating oil supply tank" and clarifies the definition of "double-walled tank." It amends the provisions regarding installation requirements for aboveground heating oil supply tanks. It strikes the provision in the bill that requires the registration of aboveground oil storage facilities in wellhead protection zones and over sand and gravel aquifers. It eliminates language authorizing the Commissioner of Environmental Protection to enjoin the operation of a facility installed in violation of the new siting restrictions and replaces it with more comprehensive enforcement language. It requires the Department of Defense, Veterans and Emergency Management, Maine Emergency Management Agency, in coordination with the Department of Public Safety, Office of the State Fire Marshal and the Department of Environmental Protection, to review and make recommendations on improving the current framework for registering aboveground oil storage facilities.
FISCAL NOTE REQUIRED |
| Position: | | Status: | Public Law, Chapter 569 |
| Sponsor: | Rep. Duchesne | Cosponsors: | Sen Bartlett, Reps. Eberle, Hill, Koffman, McDonough, Wagner |
| Committee: | NR | Hearing: | Thurs. Jan. 17,2008 1:00 PM Room 214, Cross State Office Building |
| | | Work Session: | Wed Mar 5, 2008, 1:00 pm
State House Room 126 |
LD 2105: An Act To Change the Timing of the Health Care Occupations Report and To Add and Clarify Definitions Relating to Swimming Pools and Spas Web Link to LD 2105
| Description: | This bill changes the timing of the Department of Labor's health care occupations report from annually to every 4th year beginning in 2009.
This bill also changes the definition of "private" pool or spa to "residential" pool or spa and distinguishes a residential pool or spa from a public pool or spa by including in the definition the limitation that the residential pool or spa is available for use only by the residents of the apartment, condominium or association related to the pool or spa. This bill also clarifies the definition of "public pool" by stating that its characterization as public does not depend on a fee being charged for its use. This bill clearly defines a pool on the premises of a child care facility within the meaning of the Maine Revised Statutes, Title 22, section 8301-A, subsection 2 to be a public pool and a pool on the premises of a family child care provider within the meaning of Title 22, section 8301-A, subsection 3 to be a residential pool. The bill also updates the law to reflect the change of terminology created by the bill.
THE COMMITTEE AMENDMENT changes the bill by repealing the Maine Revised Statutes, Title 22, section 2666, subsection 1, which prohibits a person having a communicable disease from working at a public pool or spa.
SENATE AMENDMENT "A" differs from the bill in that the design criteria to be followed by the Department of Health and Human Services in the review and approval of pools and spas applies to all pools and spas and not just public pools and public spas as defined by the American Standards Institute and the Association of Pool and Spa Professionals or successor organizations. The amendment also replaces a "capable individual" as the person who shall assume the responsibility of supervising a public pool or spa with a "person" as defined by standards of the American Standards Institute and the Association of Pool and Spa Professionals or successor organizations. The amendment also requires the Department of Health and Human Services to annually publish on the department's publicly accessible website the standards the department is using for the reviewing and approval of pools and spas. |
| Position: | | Status: | Public Law, Chapter 631 |
| Sponsor: | Rep. Driscoll | Cosponsors: | Rep. Perry |
| Committee: | HHS | Hearing: | Fri. Feb. 29,2008, 9:00 AM Room 209, Cross State Office Building |
| | | Work Session: | Fri Mar 7, 2008, 9:00 am
Room 209 Cross Building |
LD 2132: An Act To Amend the Family Medical Leave Laws To Include Siblings Web Link to LD 2132
| Description: | This bill allows an employee to take family medical leave for a sibling with a serious health condition or who dies.
THE COMMITTEE AMENDMENT modifies the bill to allow an employee to take family medical leave for a sibling with a serious health condition or who dies while on active military duty only if the sibling is jointly responsible with the employee for each other's common welfare as evidenced by joint living arrangements and joint financial arrangements. |
| Position: | | Status: | Public Law, Chapter 519 |
| Sponsor: | | Cosponsors: | |
| Committee: | Lab | Hearing: | Wed. Feb. 6,2008, 1:00 PM Room 220, Cross State Office Building |
| | | Work Session: | Wed Feb 27, 2008, 1:00 PM
Room 220 Cross Building |
LD 2151: An Act To Make Minor Substantive Changes to the Tax Laws Web Link to LD 2151
| Description: | For details of the content of this legislation, go to
http://www.mainelegislature.org/legis/bills/LD.asp?LD=2151 |
| Position: | | Status: | Public Law, Chapter 693 |
| Sponsor: | Rep. Piotti | Cosponsors: | Sen. Perry |
| Committee: | Tax | Hearing: | Tues. Feb. 26,2008, 1:00 PM Room 127, State House |
| | | Work Session: | Fri Mar 7, 2008, 1:00pm
Room 127 State House |
LD 2154: An Act Concerning Technical Changes to the Tax Laws Web Link to LD 2154
| Description: | This bill makes various changes and corrections to the laws governing taxation, including repealing superfluous or redundant definitions and effective dates, updating references to the Internal Revenue Code and correcting grammar, punctuation and internal cross-references. In addition, this bill also:
1. Clarifies the effect of a determination by the State Tax Assessor that collection of a tax will be jeopardized by delay;
2. Relocates a provision relating to service charges imposed by municipalities for municipal services provided with respect to certain tax-exempt property that is inappropriately located in a statute providing exemptions for property of certain institutions and organizations;
3. Replaces the imprecise term "camp trailer" with the defined term "camper trailer";
4. Corrects a conflict created by Public Law 2007, chapters 425 and 438, which affected the same provision of law, by incorporating changes made by both laws;
5. Eliminates certain defunct organizations from a list of exempt institutions and organizations;
6. Eliminates a reference to the Commissioner of Finance, an office that no longer exists;
7. Clarifies the computation of "property tax revenue lost" for purposes of determining the reimbursement to municipalities with respect to the business equipment tax exemption;
8. Amends the excise tax law to reflect the fact that licensing of common carriers has been transferred from the Public Utilities Commission to the Department of Transportation;
9. Clarifies certain requirements relating to payment of excise taxes on aircraft;
10. Clarifies that the same definition of "automobile" applies throughout the sales and use tax law and relocates the definition of "loaner vehicle" to the definitions section;
11. Clarifies that repair parts used in the performance of repair services under certain extended warranty contracts are not deemed to be "sold" for purposes of the sales and use tax law;
12. Clarifies requirements relating to payment of use tax on property registered for use in this State;
13. Clarifies requirements relating to furnishing of bonds by certain taxpayers;
14. Clarifies that the sales tax exemption for property delivered outside the State does not apply to subsequent use of the property in the State. The proposed change reflects current Maine Revenue Services administrative policy;
15. Restores a trade-in credit that was inadvertently repealed by legislation enacted in the First Regular Session of the 123rd Legislature;
16. Clarifies the responsibilities of a surplus lines producer under the insurance company tax law. The proposed changes reflect current Maine Revenue Services administrative policy;
17. Clarifies that the annual return filed by risk retention groups is to be filed with the State Tax Assessor rather than the Treasurer of State and that the due date of the return is March 15th rather than March 1st. The proposed changes make the requirements similar to those for other insurance taxes and reflect current Maine Revenue Services administrative policy;
18. Corrects a conflict created by Public Law 2007, chapters 240 and 437, which affected the same provision of law, by incorporating changes made by both laws;
19. Amends provisions of the service provider tax law relating to telecommunications services to reflect current telecommunications technology;
20. Clarifies the meaning of "international flight" for purposes of exempting certain fuel used in international flights from the gasoline tax;
21. Clarifies provisions of the special fuel tax law by adding definitions;
22. Corrects a conflict created by Public Law 2007, chapters 440 and 444, which affected the same provision of law, by incorporating changes made by both laws;
24. Corrects a conflict created by Public Law 2007, chapters 372 and 437, which affected the same provision of law, by incorporating changes made by both laws;
25. Clarifies the authority of the State Tax Assessor to include in the establishment of the applicable tax mill rate in the unorganized territory the costs of payments that the unorganized territory district is obligated to make under a tax increment financing agreement and clarifies that the Treasurer of State is authorized to make the payments obligated under an unorganized territory tax increment financing agreement after the tax increment financing taxes are paid;
26. Clarifies that the premium charged for motor vehicle oil changes is not included in the sale price for purposes of the sales tax; and
27. Reenacts definitions that were repealed mistakenly in Public Law 2007, chapter 240.
THE COMMITTEE AMENDMENT amends provisions regarding tax increment financing districts in the unorganized territories. It also removes a provision resolving a statutory conflict in the real estate transfer tax because that conflict is resolved in other legislation. The amendment also adds a section to correct a provision in the forest management planning income tax credit to avoid double counting of certain expenses.
THE SENATE AMENDMENT changes the timing for meeting the qualifications under the definition of municipal cost component and the qualification for payments and the time by which the Treasurer of State must deposit the tax increment financing payments made by a tax increment financing district in the unorganized territory from January 1, 2008 to July 1, 2008. |
| Position: | | Status: | Public Law, Chapter 627 |
| Sponsor: | Senator Perry | Cosponsors: | Rep. Piotti |
| Committee: | Tax | Hearing: | Tues. Feb.26,2008, 1:00 PM Room 127, State House |
| | | Work Session: | Fri Mar 7, 2008, 1:00pm
Room 127 State House |
LD 2181: An Act To Protect Consumers' Gift Card Interests Web Link to LD 2181
| Description: | This bill requires a merchant redeeming a gift obligation or stored-value card to refund a balance on the card of less than $5 to the consumer as long as the card is redeemed in person by the consumer.
THE COMMITTEE AMENDMENT exempts from the cash refund requirement prepaid cards for telephone service. Stored-value cards that are not purchased by a consumer but are provided by the merchant as a promotion or as a refund for merchandise returned without a receipt are also not subject to the cash refund requirement. Gift obligations and stored-value cards that cannot be reloaded that are initially worth $5 or less, such as fast food restaurant coupons, are also not subject to the cash refund requirement. The cash refund requirement applies beginning November 1, 2008. |
| Position: | | Status: | Public Law, Chapter 696 |
| Sponsor: | Pep. Simpson | Cosponsors: | Sen. Nutting, Reps. Beaulieu, Koffman, Smith, Valentino, Sen. Hastings |
| Committee: | Judic | Hearing: | Thurs. Feb. 28,2008, 1:00 PM Room 438, State House |
| | | Work Session: | Thu Mar 13, 2008, 1:00pm Room 438 State House |
LD 2183: Resolve, To Place a Sign on the Maine Turnpike for the Black Mountain of Maine Ski Area Web Link to LD 2183
| Description: | This resolve directs the Department of Transportation to erect signs on the Maine Turnpike at the appropriate exits to indicate directions to the Black Mountain of Maine ski area in Rumford. |
| Position: | | Status: | Dead |
| Sponsor: | Rep. Briggs | Cosponsors: | Sen. Bryant, Reps. Campbell, Caarey, Carter, Craven, Hayes, Jones, Mills, Patrick |
| Committee: | Trans | Hearing: | Tues. Feb. 26, 2008, 1:00 PM Room 126, State House |
| | | Work Session: | Thurs. Mar. 6,2008, 1:00 PM Room 126, State House |
LD 2190: An Act To Designate Certain Rules Proposed by the Board of Pesticides Control as Major Substantive Rules Web Link to LD 2190
| Description: | This bill is the report of the Joint Standing Committee on Agriculture, Conservation and Forestry pursuant to the Maine Revised Statutes, Title 7, section 610, subsection 5. It designates proposed rules that pertain to the use of organophosphate pesticides adjacent to occupied areas or distribution and use of plant-incorporated protectants as major substantive rules. It provides for rules pertaining to plant-incorporated protectants in effect on March 1, 2008 to remain in effect but designates amendments to those rules as major substantive rules. |
| Position: | | Status: | Public Law, Chapter 484 |
| Sponsor: | Rep. Pieh | Cosponsors: | |
| Committee: | AC&F | Hearing: | Wed Jan 23, 2008,
No Public Hearing |
| | | Work Session: | |
LD 2194: Resolve, Regarding Legislative Review of Portions of Chapter 26: Standards for Indoor Pesticide Applications and Notification for All Occupied Buildings Except K-12 Schools, a Major Substantive Rule of the Department of Agriculture, Food and Rural Resources, Board of Pesticides Control Web Link to LD 2194
| Description: | This resolve provides for legislative review of portions of Chapter 26: Standards for Indoor Pesticide Applications and Notification for All Occupied Buildings Except K-12 Schools, a major substantive rule of the Department of Agriculture, Food and Rural Resources, Board of Pesticides Control. |
| Position: | | Status: | Resolve, Chapter 153 |
| Sponsor: | Representative Pieh | Cosponsors: | |
| Committee: | AC&F | Hearing: | Mon. Feb. 25,2008, 1:00 PM Room 206, Cross State Office Building |
| | | Work Session: | |
LD 2195: Resolve, Regarding Legislative Review of Portions of Chapter 29: Standards for Water Quality Protection, Section 5, Restrictions on Pesticide Application To Control Browntail Moths near Marine Waters, a Major Substantive Rule of the Department of Agriculture, Food and Rural Resources, Board of Pesticides Control Web Link to LD 2195
| Description: | This resolve provides for legislative review of portions of Chapter 29: Standards for Water Quality Protection, Section 5, Restrictions on Pesticide Application to Control Browntail Moths Near Marine Waters, a major substantive rule of the Department of Agriculture, Food and Rural Resources, Board of Pesticides Control. |
| Position: | | Status: | Dead |
| Sponsor: | Representative Pieh | Cosponsors: | |
| Committee: | AC&F | Hearing: | Mon Feb 11, 2008,
No Public Hearing |
| | | Work Session: | |
LD 2207: An Act To Diminish Global Warming Web Link to LD 2207
| Description: | This bill prohibits, beginning January 1, 2010, the sale and distribution in the State of incandescent lamps.
This bill also establishes a system of deposit and redemption for used compact fluorescent lamps, referred to as returnable lightbulbs, and creates the Returnable Lightbulb Fund, a dedicated fund for use in the payment of deposits and redemptions and for holding funds not required for either purpose. |
| Position: | | Status: | Dead |
| Sponsor: | Senator Strimling | Cosponsors: | Reps. Finley, Eberle Sens. Bartlett, Edmonds, Martin, Babbidge, Duchesne, Koffman, Miramant, Wagner |
| Committee: | NR | Hearing: | Thurs. Feb. 28,2008, 1:00 PM Room 214, Cross State Office Building |
| | | Work Session: | Wed Mar 5, 2008, 1:00 pm
State House Room 126 |
LD 2210: An Act To Promote the Use of Safer Chemicals in Consumer Products Web Link to LD 2210
| Description: | This bill requires a manufacturer or a distributor of a product that contains a toxic, carcinogenic or very bioaccumulative chemical to disclose information on its chemical use if the Board of Environmental Protection designates the chemical as a priority chemical. Upon review of the information, the board then may adopt rules banning the sale of a product that contains the chemical. |
| Position: | | Status: | Dead |
| Sponsor: | Rep. Koffman | Cosponsors: | Sen. Dow, Reps. Barstow, Campbell, Connor, Hinck. Pingree, Simpson, Sens. Benoit, Marrache |
| Committee: | NR | Hearing: | Thurs. Feb. 28,2008, 1:00 PM Room 214, Cross State Office Building |
| | | Work Session: | Wed Mar 5, 2008, 1:00 pm
State House Room 126 |
LD 2211: Resolve, Regarding Legislative Review of Portions of Chapter 29: Standards for Water Quality Protection, Section 6, Buffer Requirement, a Major Substantive Rule of the Department of Agriculture, Food and Rural Resources, Board of Pesticides Control. Web Link to LD 2211
| Description: | This resolve provides for legislative review of portions of Chapter 29: Standards for Water Quality Protection, Section 6, Buffer Requirement, a major substantive rule of the Department of Agriculture, Food and Rural Resources, Board of Pesticides Control. |
| Position: | | Status: | Resolve, Chapter 154 |
| Sponsor: | Rep Pieh | Cosponsors: | |
| Committee: | AC&F | Hearing: | Mon. Feb. 25, 2008, 1:00 PM Room 206, Cross State Office Building |
| | | Work Session: | |
LD 2223: An Act To Expand the Natural Resources Protection Act Compensation Program Web Link to LD 2223
| Description: | This bill expands the section of the Natural Resources Protection Act concerning compensation for unavoidable impacts to freshwater and coastal wetlands to also address compensation for unavoidable impacts to significant vernal pool habitat, high and moderate value waterfowl and wading bird habitat and shorebird nesting, feeding and staging areas. |
| Position: | | Status: | Public Law, Chapter 527 |
| Sponsor: | Rep. Koffman | Cosponsors: | |
| Committee: | NR | Hearing: | Tue Mar 4, 2008, 3:00 pm
Cross Building Room 214 |
| | | Work Session: | Thu Mar 6, 2008, 1:00 pm
Cross Building Room 214 |
LD 2249: An Act To Protect Lake Water Quality Web Link to LD 2249
| Description: | This bill is submitted by the Joint Standing Committee on Natural Resources pursuant to Public Law 2007, chapter 65. It authorizes municipalities to assess annual fees under certain conditions to property owners whose properties are accessed by a private road. It requires excavation contractors working in the shoreland zone to ensure that a person certified in erosion control practices is in charge of erosion control practices at the site. It changes the phosphorous compensation fee. It authorizes the Department of Environmental Protection to allow applicants to meet municipal mitigation requirements in lieu of paying a compensation fee.
THE COMMITTEE AMENDMENT removes from the bill the authority for municipalities to assess annual fees under certain conditions to property owners whose properties are accessed by a private road. The amendment clarifies that on-site supervision by an excavation contractor certified in erosion control must be of a sufficient duration to ensure that proper erosion and sedimentation control practices are followed and that the requirement that a contractor certified in erosion control be on site does not apply to activities resulting in less than one cubic yard of earth material being added or displaced. The amendment directs the Department of Environmental Protection to submit to the joint standing committee of the Legislature having jurisdiction over natural resources matters a report evaluating strategies to diminish the impact of private roads, driveways and boat ramps on lake water quality. |
| Position: | | Status: | Public Law, Chapter 593 |
| Sponsor: | Rep. Koffman | Cosponsors: | |
| Committee: | NR | Hearing: | Tue Mar 18, 2008, 1:00 pm
Cross Building Room 214 |
| | | Work Session: | Tue Mar 18, 2008, 2:00 pm
Cross Building Room 214 |