Maine Innkeepers Association

Howe, Cahill & Company's Legislative Report

Report sorted by Priority. Updated 06/12/14 2:33:19 PM.
View report by Committee (http://howecahill.com/legisweb/1205/committee.htm).
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Priority Legislation

LD 1402: An Act To Amend the Taxes Imposed on Alcohol and Lodging   Web Link to LD 1402

Description: Part A repeals the excise taxes and premiums imposed on spirits, wine and malt liquor and the requirements regarding those excise taxes and premiums. Part B increases the sales and use tax imposed on lodging from 7% to 9% and on liquor sold for consumption on or off the premises of licensed establishments from 7% to 9%. Part B also amends the exemption of casual rentals of living quarters to decrease the exempt period from fewer than 15 days to fewer than 8 days.
Position: Status: Dead
Sponsor: Representative Moonen of PortlandCosponsors:
Committee: TaxHearing: Friday, April 26, 2013 10:00 AM,State House, Room 127
Work Session: Reported Out, Jan 22, 2014, ONTP

LD 1592: An Act To Improve and Modernize the Authority of Local Health Inspectors   Web Link to LD 1592

Description: This bill directs the Department of Health and Human Services to train local health inspectors to perform limited inspections for health and safety violations of establishments such as restaurants and lodging places. The bill requires a local health inspector who performs an inspection and finds a health and safety violation that poses an imminent threat to the public health and welfare to order the immediate and temporary closing of the establishment. The bill provides that an order to temporarily close an establishment issued by a local health inspector remains in effect until the department issues an order requiring the establishment to remain closed or allowing the establishment to reopen. The bill provides that an inspection conducted by a local health inspector and an order issued pursuant to that inspection do not affect the requirement of a determination of compliance with state licensing requirements every 2 years as required by current law. The bill requires the department to adopt routine technical rules to implement the new training provision.
Position: Status: Dead
Sponsor: Representative Janice CooperCosponsors: Senator Craven of Androscoggin and Senators Gratwick of Penobscot, Woodbury of Cumberland, Representative Gattine of Westbrook, Representatives Gideon of Freeport, Mastraccio of Sanford, Sanborn of Gorham
Committee: HHSHearing: Tuesday, January 28, 2014 3:00 PM,Cross Building, Room 209
Work Session: Voted, Feb 20, 2014, ONTP

LD 1637: An Act To Amend the Laws Regarding Special Food and Beverage Taste-testing Event Licenses   Web Link to LD 1637

Description: The committee amendment replaces the bill. The amendment repeals 2 provisions in current law that establish a special taste-testing festival license and a special food and beverage industry taste-testing event license and replaces them with one taste-testing event license that allows for sampling of malt liquor, wine and spirits. Under this amendment, a taste-testing event license may be issued to a manufacturer or distributor who has been issued a certificate of approval from the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations. It also allows for a certificate of approval holder to sponsor manufacturers or distributors who have not been issued a certificate of approval so that they may take part in the taste-testing event. A certificate of approval holder may take part in up to 10 licensed events per year. An event may last up to 4 consecutive days. Under the amendment, a taste-testing event must be held in a venue with clearly defined points of entry that prohibit the consumption of alcoholic beverages outside the designated area. A patron of the event pays a single admission price for the event and is not charged for samples provided. Taste-testing event licensees must ensure that persons who are intoxicated may not be served at the event and that samples of malt liquor, wine or spirits are not presented in a manner that permits patrons to help themselves. Minors are prohibited from the event unless the taste testing takes place in an area of the venue where minors are not allowed. Those providing the samples to patrons must wear identification, such as a badge, so that a person being served a sample can clearly read the name of the manufacturer or distributor providing the sample. The amendment also requires that an affidavit be provided to the bureau attesting that those pouring samples have not been found in violation of a law governing the service of alcohol to minors. Sample sizes are limited to 4 ounces of malt liquor, 1 1/2 ounces of wine and 1/2 ounce of spirits. The overall sample limit is 12 samples per person, per day of the event. The amendment also provides for certain exceptions to the sample size and overall limits. Spirits provided for taste testing at the event must be spirits that are listed for sale by the Bureau of Alcoholic Beverages and Lottery Operations. The amendment provides that all required taxes on liquor served at the event must be paid in advance. Empty bottles of liquor not listed for sale in the State must be removed from the State after the event. The amendment requires that the Bureau of Alcoholic Beverages and Lottery Operations create a pamphlet or similar document, available on the bureau's publicly accessible website, that describes the requirements and conditions of the event, including generally applicable laws. The amendment also provides that a limited certificate of approval currently available to wine manufacturers who ship less than 120 gallons of wine into the State per year is also available to manufacturers of malt liquor subject to the same gallon limit.
Position: Status: Public Law (Chapter 531)
Sponsor: President Justin AlfondCosponsors: Representative Monaghan-Derrig of Cape Elizabeth and Senators Boyle of Cumberland, Saviello of Franklin, Representatives Chipman of Portland, Devin of Newcastle, Herbig of Belfast, Marks of Pittston, McCabe of Skowhegan
Committee: V&LAHearing: Tuesday, January 21, 2014 1:00 PM,State House, Room 437
Work Session: Reported Out, Mar 31, 2014, OTP-AM/ONTP

LD 1721: An Act To Make Changes to and Clarify Maine Traveler Information Services Laws   Web Link to LD 1721

Description: This bill makes several adjustments to the Maine traveler information services laws. It clarifies the definition of "on-premises sign" and provides that the principal building or structure of an advertised business or activity includes parking lots and outbuildings. It allows farm stands and farmers' markets to erect signs without a license or permit within the public right-of-way. The bill clarifies the manner in which the Commissioner of Transportation may issue a license for on-premises signs. The bill removes the prohibition on placing on-premises signs on natural features. It provides that within compact areas of an urban compact municipality, the municipality is responsible for the administration of the law as regards on-premises advertisements. The bill adjusts the changeable signs provision of the law to allow a business one changeable sign with 2 sides for each public way that provides direct vehicular access to the business. It removes the provision requiring the changeable portion of an on-premises changeable sign to constitute no more than 50% of the sign's surface area. Finally, the bill clarifies the commissioner's rule-making authority with respect to the Maine traveler information services laws. The committee amendment adds complying with national standards to the purpose and policy provisions of the Maine traveler information services laws. Instead of repealing the term "producer," as proposed in the bill, the amendment redefines the term to include "farm and food products" instead of "an agricultural product," which is in the current law. The amendment removes the requirement that signs for farm and food products advertise only products that are grown, produced and sold on the premises and are available for immediate purchase and that signs for farmers' markets advertise only the farm and food products that are available for purchase at the farmers' market. The amendment requires the Commissioner of Transportation to adopt rules that are substantially compliant with the Manual on Uniform Traffic Control Devices, published by the Federal Highway Administration, and other national standards. Lastly, the amendment provides that provisions of those laws relating to signs on the Maine Turnpike are to be implemented and administered by the Maine Turnpike Authority.
Position: Status: Public Law (Chapter 529)
Sponsor: Representative Theriault of MadawaskaCosponsors: Senator Collins of York and Senators Mazurek of Knox, Representative Gillway of Searsport, Representatives Turner of Burlington, Verow of Brewer
Committee: TransHearing: Tuesday, February 4, 2014 1:00 PM,State House, Room 126
Work Session: Reported Out, Mar 20, 2014, OTP-AM

Legislation Of Interest

LD 120: An Act To Facilitate Regional Transit   Web Link to LD 120

Description: This bill is a concept draft pursuant to Joint Rule 208. This bill proposes to enact measures designed to enable the delivery of cost-effective, sustainable and customer-focused transportation services that will meet the current and future needs of the State.
Position: Status: Dead
Sponsor: Representative Peoples of WestbrookCosponsors: Senator Plummer of Cumberland and Representative Cooper of Yarmouth, Representatives Gattine of Westbrook, Graham of North Yarmouth, Monaghan-Derrig of Cape Elizabeth, Morrison of South Portland, Pringle of Windham, Sanborn of Gorham
Committee: TransHearing: Tuesday, January 14, 2014 1:00 PM,State House, Room 126
Work Session: (CARRY OVER BILL)

LD 314: An Act To Create the Office of Marketing   Web Link to LD 314

Description: This bill provides for the creation of a centralized Office of Marketing within the Department of Economic and Community Development, responsible for the coordination of all marketing efforts throughout State Government. The office will coordinate requests for proposals, contracts and participation in conferences and exhibits to create a centralized state marketing effort. This office is responsible for the coordination, development, approval and implementation of the state marketing strategy.
Position: Status: Dead
Sponsor: Submitted by the Department of Economic and Community Development pursuant to Joint Rule 204. Presented by Representative Volk of ScarboroughCosponsors: Senator Tuttle of York and Senators Cushing of Penobscot, Katz of Kennebec, Representative Ayotte of Caswell, Representatives Davis of Sangerville, Maker of Calais, Nutting of Oakland, Wallace of Dexter, Winchenbach of Waldoboro
Committee: LCREDHearing: Thursday, March 7, 2013 1:00 PM,Cross Building, Room 208
Work Session: Thursday, January 9, 2014 1:00 PM,Cross Building, Room 208

LD 513: An Act To Authorize a General Fund Bond Issue To Invest in Transportation, Broadband Infrastructure, Downtown Revitalization, Land for Maine's Future Board and Training Facilities for Tourism-related Training in Labor Market Areas with Higher-than-average Unemployment   Web Link to LD 513

Description: The funds provided by this bond issue, in the amount of $85,000,000, will be used to provide funds over 5 years for the State's transportation biennial capital work plan, the Communities for Maine's Future Program, the ConnectME Authority, the Land for Maine's Future Board, the University of Maine System and the Maine Community College System for tourism-related training, targeted to particular projects in labor markets that have an unemployment rate higher than the statewide average.
Position: Status: Dead
Sponsor: Senator Lachowicz of KennebecCosponsors: Representative Kusiak of Fairfield and Senators Craven of Androscoggin, Gratwick of Penobscot, Jackson of Aroostook, Millett of Cumberland, Patrick of Oxford, Representatives Beck of Waterville, Chipman of Portland, Short of Pittsfield
Committee: A&FAHearing: Wednesday, June 12, 2013 12:00 PM,State House, Room 228
Work Session: Reported Out, Apr 11, 2014, ONTP

LD 690: An Act To Ensure Efficiency in the Unemployment Insurance System   Web Link to LD 690

Description: This bill requires that determinations on all nonmonetary issues related to a claim for unemployment compensation be made within specified time frames.
Position: Status: Dead
Sponsor: Representative Herbig of BelfastCosponsors: Senator Patrick of Oxford and Senators Jackson of Aroostook, Tuttle of York, Representative Campbell of Newfield, Representatives Gilbert of Jay, Hobbins of Saco, Rochelo of Biddeford, Theriault of Madawaska.
Committee: LCREDHearing: Wednesday, April 3, 2013 1:00 PM,Cross Building, Room 208
Work Session: Reported Out, Mar 12, 2014, ONTP

LD 738: An Act To Promote the Northern Maine Economy and Support Maine's Sporting Camp Tradition   Web Link to LD 738

Description: The committee amendment strikes and replaces the bill. It creates a new moose hunting permit lottery system for hunting outfitters, who may sell or transfer the permits as part of an eating, lodging and hunting package. The permits made available for this lottery, if any, will come from 10% of the number of permits that exceed 3,140, which is the total number of moose hunting permits issued in 2010. Individuals hunting with permits issued under this system must hunt with a licensed Maine guide. Proceeds of the new lottery system will be allocated to youth conservation education programs under certain conditions and any remainder will be allocated to the Moose Research and Management Fund. The Senate amendment lapses $10,374 for each of fiscal years 2013-14 and 2014-15 from the Inland Fisheries and Wildlife Carrying Balances - General Fund account to the General Fund unappropriated surplus to offset the loss in revenue from changes made to moose permit fees.
Position: Status: Public Law (Chapter 437)
Sponsor: Senator Jackson of AroostookCosponsors: Representative Wood of Sabattus and Senators Dutremble of York, Haskell of Cumberland, Tuttle of York, Representative Shaw of Standish
Committee: IFSHearing: Friday, May 3, 2013 10:00 AM,Cross Building, Room 206
Work Session: For work sessions details, click on the Web Link above for this bill.

LD 743: An Act To Extend and Improve the Maine Seed Capital Tax Credit Program   Web Link to LD 743

Description: This bill extends the Maine Seed Capital Tax Credit Program, which is approaching the statutory cap on credits that can be authorized, and makes a number of improvements and clarifications. The bill makes the amount of the tax credit the same for individual investors and venture capital funds, clarifies that producers of value-added natural resource products are eligible, removes the ambiguous eligibility for businesses that "bring capital into the State" and specifies that eligible businesses must certify that the investment is necessary to allow the business to create or retain jobs in the State. The bill increases the maximum annual sales limit of $3,000,000, which has been in effect since 1997, to $5,000,000 for investments made in 2014 or after. The bill authorizes additional tax credits of $2,000,000 for investments made between June 1, 2013 and December 31, 2013, $4,000,000 for investments made in calendar year 2014 and $5,000,000 each year for investments made in each subsequent year. An investor in a venture capital fund requesting a refundable tax credit may not file for a refund until the calendar year after the calendar year in which the investment is made. The committee amendment clarifies that investors other than private venture capital funds are eligible for a tax credit certificate. It requires businesses applying under the Maine Seed Capital Tax Credit Program to certify that the amount of the credit is necessary to allow the business to create or retain jobs in the State. It adds a definition of "value-added" and applies it to the term "natural resource enterprise," which is a defined term. It limits the availability of the tax credit for private venture capital funds to $500,000 times the number of investors in the fund or $4,000,000, whichever is less. The Senate amendment limits the amount of additional seed capital tax credit certificates that may be issued to $675,000 between January 1, 2014 and December 31, 2014, $4,000,000 for investments made in calendar year 2015 and $5,000,000 each year for investments made in calendar years beginning with 2016. The committee amendment clarifies that investors other than private venture capital funds are eligible for a tax credit certificate. It requires businesses applying under the Maine Seed Capital Tax Credit Program to certify that the amount of the credit is necessary to allow the business to create or retain jobs in the State. It adds a definition of "value-added" and applies it to the term "natural resource enterprise," which is a defined term. It limits the availability of the tax credit for private venture capital funds to $500,000 times the number of investors in the fund or $4,000,000, whichever is less. The Senate amendment limits the amount of additional seed capital tax credit certificates that may be issued to $675,000 between January 1, 2014 and December 31, 2014, $4,000,000 for investments made in calendar year 2015 and $5,000,000 each year for investments made in calendar years beginning with 2016.
Position: Status: Public Law (Chapter 438)
Sponsor: Senator Valentino of YorkCosponsors: Representative Hobbins of Saco and President Alfond of Cumberland, Senators Cain of Penobscot, Dutremble of York, Goodall of Sagadahoc, Woodbury of Cumberland, Representatives Bennett of Kennebunk, Berry of Bowdoinham, Knight of Livermore Falls
Committee: TaxHearing: Monday, April 29, 2013 10:00 AM,State House, Room 127
Work Session: For work sessions details, click on the Web Link above for this bill.

LD 794: An Act To Amend Setback Requirements and Standards Related to Species Migration under the Laws Regulating Development near Vernal Pools   Web Link to LD 794

Description: This bill is a concept draft pursuant to Joint Rule 208. This bill proposes to amend the laws regulating significant vernal pool habitat to account for species migration patterns. The bill proposes to change the area that is regulated as significant vernal pool habitat and the standards for development within the area regulated. Currently, pursuant to rules of the Department of Environmental Protection adopted pursuant to the Natural Resources Protection Act, the area regulated as significant vernal pool habitat includes the vernal pool depression and the area within a 250-foot radius of the spring or fall high-water mark of the depression.
Position: Status: Dead
Sponsor: Representative Campbell of OrringtonCosponsors: Senator Boyle of Cumberland and Senators Jackson of Aroostook, Tuttle of York, Representative Hobbins of Saco, Representatives Johnson of Eddington, Malaby of Hancock
Committee: ENRHearing: Wednesday, April 3, 2013 1:00 PM,Cross Building, Room 216
Work Session: Reported Out, Jan 24, 2014, ONTP

LD 874: An Act To Authorize a General Fund Bond Issue To Reduce the Cost of Shipping for Maine Businesses, Attract Tourists and Facilitate the Development of Commuter Rail Transportation   Web Link to LD 874

Description: The funds provided by this bond issue, in the amount of $27,500,000, will be used to provide funds for railroad reconstruction and expansion to assist Maine's businesses by facilitating the shipment of goods and enhancing the ability of those businesses to compete. It requires that the Department of Transportation consult with the business and economic development sectors to develop a list of priorities in regard to railroad construction and reconstruction projects, focusing on projects important to tourism and projects with greatest potential for increased commuter and passenger rail service and taking into consideration the extent to which the proposed projects reduce the consumption of oil.
Position: Status: Dead
Sponsor: Senator Mazurek of KnoxCosponsors: Representative Theriault of Madawaska and Senator Patrick of Oxford, Representatives Evangelos of Friendship, Verow of Brewer
Committee: A&FAHearing: Wednesday, June 12, 2013 12:00 PM,State House, Room 228
Work Session: Reported Out, Apr 11, 2014, ONTP

LD 1157: An Act To Establish the Fair Chance for Employment Act   Web Link to LD 1157

Description: This bill establishes the Fair Chance for Employment Act and does the following. 1. It prohibits employers from refusing to consider for employment or offer employment to an individual based on the individual's status as employed or unemployed. Employers are also prohibited from advertising that current employment status is a qualification or requirement for a job or that the employer will not consider an applicant based on current employment status. Employers are prohibited from directing an employment agency to take current employment status into consideration when screening or referring applicants. 2. It prohibits employment agencies from failing to consider or refer applicants based on employment status, advertising that employment status is a qualification or requirement for a job or that an employer will not consider applicants based on current employment status or discriminating against individuals in any manner that may limit their access to information about jobs or limit the individuals' number of referrals for consideration of jobs because of their current employment status. 3. It prohibits online job websites from publishing any advertisement for a job vacancy that includes any provision requiring or indicating that current employment status is a qualification or requirement for a job or that an employer will not consider applicants for employment based on current employment status. 4. It prohibits an employer or employment agency from interfering with individuals exercising their rights under this Act or otherwise discriminating against individuals for opposing any practice made illegal by this Act. It also prohibits discriminating against any individual who has filed a complaint or caused to be instituted any proceeding under this Act or who otherwise gives or may give information or testimony in connection with any inquiry or proceeding under this Act. 5. It requires employers and employment agencies to keep records pertaining to compliance with this Act, and it gives the Director of the Bureau of Labor Standards within the Department of Labor the investigative authority to enter places of business and examine all records related to allegations of violations of this Act. 6. It creates a right for a person who has been affected by a violation under this Act to bring a civil action against the employer or employment agency responsible. A person may bring a civil action on behalf of another individual who has been affected by a violation of this Act or a group of individuals similarly situated. 7. It grants the Department of Labor the power to file a civil action on behalf of an individual or group of individuals against an employer or employment agency that violates the Act. Once the director begins such a lawsuit, there is no more private right to a civil action on behalf of the individual. 8. It creates a duty for the Director of the Bureau of Labor Standards to enforce all laws relating to consideration of employment status in hiring practices, as well as the specific duty to receive, investigate and attempt to resolve complaints of violations of this Act. 9. It gives the Department of Labor the authority to terminate state contracts and debar a contractor from participating in state contracts for a period of up to 3 years when a contractor has been found by a court to be in violation of this Act. 10. It would not prohibit employment decisions or advertisements when a requirement related to employment status is a bona fide occupational qualification reasonably necessary to successful performance in the job. It also would not preclude an employer from considering employment history or the reasons underlying an individual's employment status.
Position: Status: Dead
Sponsor: Representative Russell of PortlandCosponsors: Senator Jackson of Aroostook
Committee: A&FAHearing: Monday, April 8, 2013 1:00 PM,Cross Building, Room 208
Work Session: Reported Out, Apr 11, 2014, ONTP

LD 1194: Resolve, Directing a Study of Social Media Privacy in School and in the Workplace (EMERGENCY) (TITLE CHANGE)   Web Link to LD 1194

Description: The committee amendment replaces the bill with a resolve directing the Joint Standing Committee on Judiciary to study issues about social media and personal e-mail privacy in school and in the workplace. It requires the committee to meet up to 4 times and to submit a report by November 5, 2014 for presentation to the First Regular Session of the 127th Legislature. This amendment also adds an emergency preamble and clause. The Senate amendment amends Committee Amendment "A" by directing the Joint Standing Committee on Judiciary to include in its study about social media and personal e-mail privacy in school and the workplace concerns about cloud computing services that process and store student data. The amendment also requires the committee to seek funding contributions to fully fund the cost of the study. The amendment also adds an appropriations and allocations section.
Position: Status: Resolve (Chapter 112)
Sponsor: Representative McClellan of RaymondCosponsors: Representative Daughtry of Brunswick and Representatives Hubbell of Bar Harbor, Maker of Calais, Pouliot of Augusta, Russell of Portland, Wood of Sabattus
Committee: JudicHearing: Thursday, May 2, 2013 1:00 PM,Room 438 State House (CARRY OVER BILL)
Work Session: Vetoed by Governor 4/28/14 Veto overridden 5/1/14

LD 1385: An Act To Amend the Reporting Requirements of the Workers' Compensation Management Fund   Web Link to LD 1385

Description: Current law requires the Commissioner of Administrative and Financial Services to provide to the State Budget Officer and departments and agencies notice of quarterly premium payments due to the Workers' Compensation Management Fund so that the charges may be incorporated into the normal budgetary process. This bill instead requires the Department of Administrative and Financial Services, Division of Employee Health and Benefits to inform the State Budget Officer of the premium charges for the fiscal year, and directs the State Budget Officer to advise any affected department or agency so those charges may be incorporated into the normal budgetary process. This bill also removes transitional language that was applicable in the 114th Legislature.
Position: Status: Public Law (Chapter 447)
Sponsor: Submitted by the Department of Administrative and Financial Services pursuant to Joint Rule 204. Presented by Representative Fitzpatrick of HoultonCosponsors:
Committee: A&FAHearing: Thursday, January 9, 2014 2:00 PM,State House, Room 228 (CARRY OVER BILL)
Work Session: Reported Out, Jan 14, 2014, OTP

LD 1458: An Act To Enact the Maine Small Business Investment Protection Act   Web Link to LD 1458

Description: This bill enacts the Maine Small Business Investment Protection Act to protect franchisees in the sale and operation of franchise businesses.
Position: Status: Dead
Sponsor: Representative Herbig of BelfastCosponsors: Senator Patrick of Oxford and Senators Cushing of Penobscot, Representative Gilbert of Jay, Representatives Mason of Topsham, Mastraccio of Sanford, Rochelo of Biddeford, Volk of Scarborough, Winchenbach of Waldoboro
Committee: LCREDHearing: Wednesday, May 8, 2013 1:00 PM,Cross Building, Room 208
Work Session: Reported Out, Mar 11, 2014, OTP-AM/OTP-AM/ONTP

LD 1587: An Act To Temporarily Ban the Use of Neonicotinoid Pesticide   Web Link to LD 1587

Description: This bill bans the use, sale and distribution of neonicotinoid pesticides for 2 years. It also directs the joint standing committee of the Legislature having jurisdiction over agricultural matters to review the use and effects of neonicotinoid pesticides
Position: Status: Dead
Sponsor: Representative Brian JonesCosponsors: Representative Devin of Newcastle and Representatives Dorney of Norridgewock, Kusiak of Fairfield, Morrison of South Portland
Committee: AC&FHearing: Tuesday, February 4, 2014 1:00 PM,Cross Building, Room 214
Work Session: Voted, Feb 4, 2014, ONTP

LD 1614: An Act Regarding the Laws Governing Liquor Licensing and Enforcement   Web Link to LD 1614

Description: Part A of this bill makes several changes to the laws governing the sale of alcoholic beverages to correct errors made in Public Law 2013, chapter 368, Part V, which was enacted during the First Regular Session of the 126th Legislature. The changes include correcting cross-references to accurately refer to the section of law that allows for the State to award contracts for the wholesale distribution and administration of spirits and referring to the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations as the entity authorized to adopt rules regarding administration of the laws governing alcoholic beverages. The bill corrects a conflict in existing law regarding the discount price for which agency liquor stores purchase spirits. The bill restructures the provisions that outline the duties and authorities of the Bureau of Alcoholic Beverages and Lottery Operations by separating the functions that deal with enforcement, licensing and tax collection from the functions that deal with the administration of the spirits business on behalf of the State. The bill removes outdated references to agency liquor stores, including a provision that authorized the Governor or the bureau to close agency liquor stores in the event of riots, hurricanes or floods. The bill removes the requirement that the bureau provide copies of new laws and rules that govern alcoholic beverages to licensees free of charge. The bill clarifies an existing process that allows for the bureau to suspend a person's liquor license when a payment for spirits purchases, taxes or other fees is not honored or is returned for insufficient funds. The bill makes a correction to the law that provides for the legal, commercial transport of alcoholic beverages into and within the State by ensuring it applies to all alcoholic beverages and includes transport by reselling agents to licensees who are licensed for the sale of spirits for on-premises consumption. Part B of this bill makes technical corrections to the alcoholic beverage laws to reflect existing law that, on July 1, 2014, removes fortified wine from the spirits business administered by the State or the State's contracted wholesaler and grants the privilege of distribution to licensed beer and wine distributors exclusively. Part B of this bill takes effect July 1, 2014. The committee amendment removes certain references to fortified wine in the bill to be consistent with changes made in the bill that place the jurisdiction over distributing fortified wines with licensed distributors. It also makes changes to the provisions in current law governing the process for suspension and revocation of liquor licenses to reflect the transfer of responsibilities for liquor licensing from the Commissioner of Public Safety to the Director of the Bureau of Alcoholic Beverages and Lottery Operations within the Department of Administrative and Financial Services pursuant to Public Law 2013, chapter 368. The amendment also makes nonsubstantive clarifying changes to the bill.
Position: Status: Public Law (Chapter 476)
Sponsor: Representative Louis LuchiniCosponsors:
Committee: V&LAHearing: Tuesday, January 21, 2014 1:00 PM,State House, Room 437
Work Session: Reported Out, Mar 4, 2014, OTP-AM

LD 1626: An Act To Fund Invasive Species Prevention and Control (EMERGENCY) (TITLE CHANGE)   Web Link to LD 1626

Description: The committee amendment, which is the majority report of the committee, increases the fees collected for watercraft operating on inland waters of the State by $5 beginning in 2015. This amendment also increases the lake and river protection sticker fee for nonresidents by $5. It directs that the revenue from these increased fees be directed to the Invasive Aquatic Plant and Nuisance Species Fund established within the Department of Environmental Protection beginning in 2015. Finally, this amendment eliminates the proposed invasive aquatic plant removal and long-term management programs within the Department of Environmental Protection and the proposed nonresident registration fees that are contained in the bill. The amendment also strikes the emergency preamble and emergency clause and adds an appropriations and allocations section.
Position: Status: Public Law (Chapter 580)
Sponsor: Representative McClellan of RaymondCosponsors: Representative Gillway of Searsport and Representatives Hubbell of Bar Harbor, Kinney of Limington, Pouliot of Augusta, Wilson of Augusta
Committee: IF&WHearing: Tuesday, January 14, 2014 1:00 PM,Cross Building, Room 206
Work Session: Reported Out, Mar 17, 2014, OTP-AM/OTP-AM

LD 1633: An Act To Extend the Date for a Business in a Tier 2 Location To Qualify for Pine Tree Development Zone Benefits   Web Link to LD 1633

Description: This bill extends until December 31, 2018 the ability of a business located in a tier 2 Pine Tree Development Zone to be certified to receive Pine Tree Development Zone benefits. Currently, the expiration for such certification in tier 2 is December 31, 2013 and in tier 1 is December 31, 2018.
Position: Status: Dead
Sponsor: Senator James BoyleCosponsors: Senator Patrick of Oxford and Senators Saviello of Franklin, Representative Farnsworth of Portland, Representatives Gattine of Westbrook, Kruger of Thomaston, Peoples of Westbrook
Committee: LCREDHearing: Tuesday, January 21, 2014 1:00 PM,Cross Building, Room 208
Work Session: Reported Out, Feb 28, 2014, ONTP/OTP-AM

LD 1643: An Act To Enable the Bureau of Labor Standards To Access Federal Reimbursement by Amending State Law To Conform to Federal Law   Web Link to LD 1643

Description: This bill conforms laws regarding the enforcement of workplace safety by the Department of Labor, Bureau of Labor Standards to federal law, making the bureau eligible for federal funds. The committee amendment changes the bill by qualifying that, in the case of a conflict between the occupational safety and health rules of the Department of Labor, Bureau of Labor Standards and the rules of another state agency, the bureau's rules supersede the other agency's rules only regarding the occupational safety and health standards of that other agency. The amendment also adds an appropriations and allocations section.
Position: Status: Public Law (Chapter 473)
Sponsor: Senator John PatrickCosponsors: Representative Herbig of Belfast and Representatives Hamann of South Portland, Lockman of Amherst, Malaby of Hancock, Volk of Scarborough
Committee: LCREDHearing: Tuesday, January 21, 2014 1:00 PM,Cross Building, Room 208
Work Session: Reported Out, Feb 28, 2014, OTP-AM

LD 1644: An Act To Allow Municipalities To Stabilize Sand Dunes Affected by Actions of the Federal Government   Web Link to LD 1644

Description: The committee amendment, which is the majority report of the Joint Standing Committee on Environment and Natural Resources, changes the title and replaces the bill. It allows the City of Saco to undertake certain limited property and municipal infrastructure protection measures without a Natural Resources Protection Act permit along the coastline and within the coastal sand dune system and waterways of the Saco River Harbor area, the Saco River Federal Navigation Project area, the Camp Ellis Beach area and the Ferry Beach area prior to completion of a River and Harbor Act of 1968, Section 111 project for prevention or mitigation of shore damages for the Saco River and Camp Ellis Beach. The amendment also authorizes the Department of Environmental Protection to approve an individual permit for the City of Saco to undertake, over a 7-year period, annual maintenance dredging of the Saco River channel and harbor and to use the dredged materials as beach nourishment on Camp Ellis Beach and Ferry Beach in Saco. The City of Saco is authorized to continue annual dredging and beach nourishment measures for an additional 7-year period so long as it pursues and obtains a permit by rule.
Position: Status: Private & Special Law (Chapter 24)
Sponsor: Senator Linda ValentinoCosponsors: Representative Chenette of Saco and Senators Boyle of Cumberland, Collins of York, Representatives Hobbins of Saco, Rochelo of Biddeford
Committee: ENRHearing: Wednesday, January 22, 2014 9:00 AM,Cross Building, Room 216
Work Session: Reported Out, Mar 3, 2014, OTP-AM/ONTP

LD 1692: An Act To Ensure That Local Businesses Are Notified of Construction Projects   Web Link to LD 1692

Description: This bill requires the Department of Transportation, a municipality or a quasi-municipal corporation or district to directly notify by letter, telephone, e-mail or in person a business of a construction project if that business has on-site customers and is in the vicinity of the project and give the business an opportunity to identify and comment on concerns during the planning phase of the project.
Position: Status: Dead
Sponsor: Representative Werts of AuburnCosponsors: Senator Craven of Androscoggin and Representative Lajoie of Lewiston, Representatives Short of Pittsfield, Verow of Brewer
Committee: TransHearing: Tuesday, February 4, 2014 1:00 PM,State House, Room 126
Work Session: Voted, Feb 12, 2014, ONTP

LD 1698: An Act To Streamline the Work Permitting Process for Minors and To Conform Allowable Places That Minors May Work to Federal Law   Web Link to LD 1698

Description: Current law requires that a minor start the work permitting process through the superintendent of schools of the school administrative unit in which the minor resides regardless of whether school is in session. This bill would allow a minor less than 16 years of age to obtain a work permit directly from the Department of Labor, Bureau of Labor Standards when school is not in session. The bill clarifies the roles and responsibilities of the superintendent of the school administrative unit and of the bureau as they relate to the work permitting process. The bill specifies that the bureau may issue a permit for a student who is attending summer school only after receiving certification from the superintendent that the student is enrolled in summer school, not truant, not under suspension and passing a majority of courses during the current grading period. The bill specifies that when school is not in session the bureau may issue a permit for a student only after receiving satisfactory evidence of the minor's age. The bill also authorizes the bureau to revoke a permit when there is reason to believe the permit should be revoked. Finally, the bill allows a minor less than 16 years of age to work in a bowling alley or theater, which conforms to federal law, and repeals the language dealing with triplicate permits and a master permit system.
Position: Status: Dead
Sponsor: Representative Lockman of Amherst.Cosponsors: Senator Cushing of Penobscot and Representative Davis of Sangerville, Representatives Malaby of Hancock, Sirocki of Scarborough
Committee: LCREDHearing: Thursday, February 6, 2014 1:00 PM,Cross Building, Room 208
Work Session: Reported Out, Mar 7, 2014, ONTP/OTP

LD 1701: An Act To Amend the Work-sharing Program To Conform with Federal Law   Web Link to LD 1701

Description: This bill changes the law regarding work-sharing programs to bring it into conformity with federal provisions that govern short-time compensation programs. The federal Middle Class Tax Relief and Job Creation Act of 2012 requires states that currently administer a work-sharing program to conform their laws to the new federal provisions no later than August 22, 2014 or risk a loss of unemployment tax credits. Changes include ensuring continuing health or retirement benefits for participating employees to the same extent the benefits are provided to those employees not participating in the work-sharing program; providing details in the employer's application process about the number of layoffs averted and the employee notification process that will be used; and ensuring that work-sharing employees may participate in training to enhance their job skills while participating in the work-sharing program.
Position: Status: Public Law (Chapter 448)
Sponsor: Senator Patrick of Oxford.Cosponsors: Representative Volk of Scarborough and Senator Cushing of Penobscot, Representatives Mason of Topsham, Russell of Portland.
Committee: LCREDHearing: Tuesday, January 28, 2014 2:00 PM,Cross Building, Room 208
Work Session: Reported Out, Feb 12, 2014, OTP

LD 1707: An Act To Amend the State's Tax Laws   Web Link to LD 1707

Description: This bill makes the following changes to the tax laws. It clarifies that the State Tax Assessor is allowed to review veterans' property tax exemption applications on file at the municipal assessor's office in order to determine that exemptions have been properly allowed and to be able to determine the amount of reimbursement a municipality is entitled to receive. It clarifies that the term "tangible personal property" includes any product transferred electronically as that term is defined in Maine sales and use tax law. It clarifies sales and use tax seller registration law as it relates to persons presumptively required to register. It clarifies that the updated allocation rates for the fire investigation and prevention tax apply for 5 years following the year of determination. The Department of Professional and Financial Regulation, Bureau of Insurance is required to make the determination every 5 years. The first such determination occurred in 2013 and applies to the subsequent 5 years. It corrects an erroneous reference to the United States Internal Revenue Code of 1986, as amended, and an erroneous date reference. It clarifies that benefits paid under a military retirement plan are retirement plan benefits for purposes of modifying federal adjusted gross income. It corrects an oversight relating to the recapture of bonus depreciation add-back modifications. In 2006, the Second Regular Session of the 122nd Legislature enacted the Maine Revised Statutes, Title 36, section 5122, subsection 2, paragraph X to allow shareholders of an electing S corporation to recapture the bonus depreciation add-back claimed by the entity as a C corporation under Title 36, section 5200-A, subsection 1, paragraph N. The Federal Government extended the bonus depreciation deduction for tax years beginning in 2011, 2012 and 2013. Maine has not conformed to those provisions but allows the recapture of the add-back modifications in years subsequent to the year of the add-back. However, Title 36, section 5122, subsection 2, paragraph X has not been updated to allow shareholders of electing S corporations to recapture the add-back amounts required of C corporations in those years; this bill corrects the oversight. Maine law provides similar treatment for electing S corporation shareholders with respect to the recapture of disallowed net operating loss carry-back deductions. It authorizes the State Tax Assessor to establish an alternative due date for an information statement with respect to tax withholding as long as the date established by the assessor is consistent with the due date of the related federal statement. This authorization is needed because some federal information statements affecting the Maine filing requirement have due dates occurring after January 31st. Current Maine law requires that all Maine information statements be provided no later than January 31st. It clarifies that the payments other than wages that qualify for the visual media production reimbursement do not need to be subject to withholding in order to qualify for the reimbursement. The committee amendment requires the State Tax Assessor to obtain state and national criminal history record information from the Federal Bureau of Investigation and the State Bureau of Identification for any person not already employed with Maine Revenue Services who is applying for employment on or after January 1, 2015 as part of the process of evaluating applicants for employment with Maine Revenue Services and includes changes in the laws relating to the Department of Public Safety, State Bureau of Identification to facilitate the fingerprinting process.
Position: Status: Public Law (Chapter 546)
Sponsor: Senator Haskell of Cumberland.Cosponsors:
Committee: TaxHearing: Wednesday, February 12, 2014 10:00 AM,State House, Room 127
Work Session: Reported Out, Mar 28, 2014, OTP-AM

LD 1713: An Act To Permit the Sharing of Revenue from the Sale of Alcoholic Beverages at Sporting Events   Web Link to LD 1713

Description: This bill creates an exception to the law that prohibits a liquor license from being sold, assigned or subject to the control of a person other than the licensee. The bill allows a civic auditorium that holds a liquor license and serves as the designated host facility for a professional sports team to enter into an agreement to share the proceeds from the sale of alcoholic beverages sold in conjunction with the professional teamís sporting events. In order to qualify for this exception, the civic auditorium must have the capacity to seat at least 3,000 people. The committee amendment adds an emergency preamble and emergency clause to the bill and strikes the requirement that a professional sports team must play at least 15 calendar days at a host facility in order to share revenue from liquor sales with the host facility. The amendment also provides that the revenue-sharing exception applies to any licensee that has the capacity to seat at least 3,000 people and hosts a professional sports team, not just licensed civic auditoriums. The amendment also requires that the licensee disclose not only the existence of an agreement with the sports team but also the terms of the revenue-sharing agreement when applying for a liquor license.
Position: Status: Public Law (Chapter 446)
Sponsor: President Alfond of Cumberland.Cosponsors: Senator Haskell of Cumberland and Senators Tuttle of York, Representative Chipman of Portland, Representatives Farnsworth of Portland, Goode of Bangor, Luchini of Ellsworth, Moonen of Portland, Moriarty of Cumberland, Wilson of Augusta.
Committee: V&LAHearing: Tuesday, January 21, 2014 1:00 PM,State House, Room 437
Work Session: Reported Out, Jan 31, 2014, OTP-AM

LD 1751: An Act To Provide Property Tax Relief to Maine Residents   Web Link to LD 1751

Description: The committee amendment strikes the bill and makes the following changes to the Maine resident property tax fairness credit for tax years beginning on or after January 1, 2014. The amendment changes the definition of "income" that is considered in determining eligibility for the credit by starting with an adjustment to federal adjusted gross income, corresponding to federal total income as reported on the individual's federal income tax return, increased by nontaxable social security and railroad retirement benefits, tax exempt interest, certain deductions and certain business and capital losses. The amendment changes the formula for calculating the amount of the credit by providing that benefits are equal to 50% of the amount by which the benefit base exceeds 6% of the individual's income up to a maximum benefit of $600 for filers under 65 years of age and $900 for filers 65 years of age and older. The benefit base is the amount of property taxes or rent constituting property taxes up to a maximum of $2,000 for single filers, $2,600 for joint filers and head of household filers claiming no more than 2 personal exemptions, $3,200 for joint filers and head of household filers claiming 3 or more personal exemptions and, for married individuals filing separately, 1/2 of the benefit base limitation amount applicable to married individuals filing jointly. The amendment changes the portion of rent constituting property taxes from 25% to 15% and removes the exclusion of persons whose rent is subsidized by government programs. The amendment provides that the benefit base maximum amounts will be adjusted annually for inflation for tax years beginning after 2015. The amendment provides funding to cover administrative costs to implement the changes to the property tax fairness credit.
Position: Status: Public Law (Chapter 551)
Sponsor: Speaker Eves of North BerwickCosponsors: President Alfond of Cumberland and Senators Dutremble of York, Gratwick of Penobscot, Woodbury of Cumberland, Representative Beavers of South Berwick, Representatives Cassidy of Lubec, Chipman of Portland, Gattine of Westbrook, Grant of Gardiner, Hubbell of Bar Harbor, Kusiak of Fairfield, McCabe of Skowhegan, McLean of Gorham, Plante of Berwick, Powers of Naples, Saucier of Presque Isle, Schneck of Bangor, Short of Pittsfield, Werts of Auburn
Committee: TaxHearing: Wednesday, February 19, 2014 10:00 AM,State House, Room 127
Work Session: Reported Out, Apr 1, 2014, OTP-AM

LD 1763: An Act To Make Available to the Public Certain Information Concerning the Alcohol Content of Malt Liquor, Wine and Spirits   Web Link to LD 1763

Description: Current law prohibits a person licensed to manufacture, sell or distribute alcoholic beverages from publishing in any form an advertisement of malt liquor that refers in any manner to the alcohol content of the malt liquor manufactured, sold or distributed by that licensee, including through the use of phrases such as "full strength," "extra strength" or "prewar strength." The inclusion of the alcohol content on the product label is permitted. This bill prohibits the use of images as well as phrases that may be considered as statements of high alcohol content but permits the advertisement of alcohol content with respect to malt liquor, wine and spirits as long as it is expressed as a percentage of alcohol by volume. The committee amendment strikes the provision in the bill that prohibits a liquor licensee from displaying images or phrases that are likely to be considered statements of high alcohol content, such as "full strength," "high test" or "extra strength." It retains the provision in the bill that ensures a licensee may display the alcohol content of malt liquor, wine or spirits when it is expressed as a percentage of alcohol by volume. Current law prohibits a licensee from posting any advertisement that includes the alcohol content of malt liquor, expressed in any manner. The amendment maintains the section in the bill that repeals this prohibition.
Position: Status: Public Law (Chapter 504)
Sponsor: Representative Luchini of EllsworthCosponsors: Senator Patrick of Oxford and Representative Fredette of Newport, Representatives Herbig of Belfast, Longstaff of Waterville, McCabe of Skowhegan, Rochelo of Biddeford, Saucier of Presque Isle, Schneck of Bangor
Committee: V&LAHearing: Wednesday, February 26, 2014 1:00 PM,State House, Room 437
Work Session: Reported Out, Mar 14, 2014, OTP-AM

LD 1783: An Act To Expand Consumer Choice for Wine   Web Link to LD 1783

Description: This bill allows a person who is not a retailer or wholesaler licensed to sell wine or malt liquor in the State to auction fine and rare wines from a private collection to private collectors, retailers and wholesalers under certain conditions.
Position: Status: Dead
Sponsor: Representative Gideon of FreeportCosponsors: Senator Katz of Kennebec and Representative Beaulieu of Auburn, Representatives Fowle of Vassalboro, Hamann of South Portland, Herbig of Belfast, McCabe of Skowhegan, McLean of Gorham, Schneck of Bangor, Turner of Burlington
Committee: V&LAHearing: Wednesday, March 5, 2014 1:00 PM,State House, Room 437
Work Session: Reported Out, Apr 3, 2014, OTP-AM/ONTP

LD 1785: An Act To Make Consistent the Sales and Use Tax Imposed on Various Fuels Used To Heat Buildings for Human Habitation   Web Link to LD 1785

Description: This bill eliminates language that requires hotels to pay tax on the sale of gas used to heat buildings designed and used for both human habitation and sleeping and adds gas to the list of fuels that are exempt from the sales and use tax when they are used to heat buildings designed and used for both human habitation and sleeping.
Position: Status: Dead
Sponsor: Senator Jackson of AroostookCosponsors: Representative Stanley of Medway and President Alfond of Cumberland, Senators Gratwick of Penobscot, Haskell of Cumberland, Lachowicz of Kennebec, Millett of Cumberland, Patrick of Oxford, Representative Brooks of Winterport
Committee: TaxHearing: Wednesday, March 12, 2014 1:00 PM,State House, Room 127
Work Session: Reported Out, Mar 25, 2014, ONTP

LD 1813: An Act To Hold an Advisory Referendum on Tax Reform (EMERGENCY) (GOVERNOR'S BILL)   Web Link to LD 1813

Description: This bill directs the Secretary of State to hold an advisory referendum at a statewide election in June to determine whether the voters of the State favor lowering income tax rates, implementing alternative taxes and reducing overall tax revenues and government spending by at least $100,000,000 in order to make Maine more economically competitive and improve the job creation environment. If the voters approve the advisory referendum question, the Governor is required to direct the Commissioner of Administrative and Financial Services to include in the biennial budget for fiscal years 2015-16 and 2016-17 submitted to the First Regular Session of the 127th Legislature proposals to lower the income tax rates, implement alternative taxes and reduce overall tax revenues and government spending by at least $100,000,000.
Position: Status: Dead
Sponsor: Senator Thomas of SomersetCosponsors:
Committee: TaxHearing: Wednesday, March 19, 2014 1:00 PM,State House, Room 127
Work Session: Reported Out, Mar 31, 2014, ONTP/OTP-AM