Maine Interior Design Association
Howe, Cahill & Company's Legislative Report
Report sorted by Priority. Updated 11/17/08 5:16:58 PM.
View report by Committee (http://howeandcompany.com/legisweb/1219/committee.htm).
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Priority Legislation
LD 2257: An Act To Establish a Uniform Bulilding and Energy Code Web Link to LD 2257
| Description: | The majority report of the committee does the following:
1. It amends the membership of the Technical Building Codes and Standards Board in the Department of Public Safety.
2. It provides the board with the authority to resolve conflicts only between the Maine Uniform Building and Energy Code and the fire and life safety codes.
3. It requires the board to adopt rules in accordance with the Maine Administrative Procedure Act necessary to carry out its duties.
4. It requires the board on December 31st of each calendar year beginning in 2010 to report to the joint standing committee of the Legislature having jurisdiction over business, research and economic development matters any proposals for proposed conflict resolutions for codes and standards referenced in the Maine Revised Statutes, Title 10, section 9725, subsections 2 to 7; proposals to improve the efficiency and effectiveness of those codes and standards; and alternative methods of funding for the board to create an equitable source of revenue.
5. It changes the establishment of the Division of Building Codes and Standards in the Department of Public Safety, instead establishing it as an independent bureau within the Department of Public Safety.
6. It amends the energy efficiency building standards laws to incorporate the standards of the Maine Uniform Building and Energy Code.
7. It provides that, beginning July 1, 2010, the Maine Uniform Building and Energy Code must be enforced in a municipality that has more than 2,000 residents and that has adopted any building code by August 1, 2008. Beginning July 1, 2012, the Maine Uniform Building and Energy Code must be enforced in a municipality that has more than 2,000 residents and that has not adopted any building code by August 1, 2008. It provides that the Maine Uniform Building and Energy Code be enforced through inspections that comply with the code through any of the following means:
A. Municipally appointed building officials and local code enforcement officers;
B. Interlocal agreements with other municipalities that share the use of building officials certified in building standards pursuant to Title 10, section 9723;
C. Contractual agreements with county or regional authorities that share the use of building officials certified in building standards pursuant to Title 10, section 9723; and
D. Reports from 3rd-party inspectors certified pursuant to Title 10, section 9723 submitted to the building official prior to obtaining a certificate of occupancy in Title 25, section 2357 that are obtained pursuant to independent contractual arrangements between the building owner and 3rd-party inspector or the municipality and 3rd-party inspector.
8. It replaces the term "inspector of buildings" with "building official."
9. It adds a definition for "3rd-party inspector" and requires the board to develop a training program for municipal building officials, local code enforcement officers and 3rd-party inspectors.
10. It clarifies that the Executive Department, State Planning Office is responsible for implementing the training and certification program established by the board.
11. It adds an appropriations and allocations section.
THE HOUSE AMENDMENT directs the Technical Building Codes and Standards Board, in adopting and amending the Maine Uniform Building and Energy Code, to ensure that nontraditional or experimental construction, including manufactured housing, straw bale and earth berm construction, and building materials from local sawmills are permissible under the code. This amendment also specifies that the requirements of the Maine Uniform Building and Energy Code do not apply to post and beam and timber frame construction. |
| Position: | Support | Status: | Public Law, Chapter 699 |
| Sponsor: | Rep. Smith | Cosponsors: | |
| Committee: | BRED | Hearing: | Tue Mar 25, 2008, 1:00 pm
Room 208 Cross Office Building |
| | | Work Session: | April 9, 2008 |
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 1038: An Act To License Home Building and Improvement Contractors Web Link to LD 1038
| Description: | A House amendment was adopted which replaces the bill and which directs the Department of Professional and Financial Regulation to study the issue of residential contractor licensing. The department is required to report its recommendations for residential contractor licensing to the joint standing committee of the Legislature having jurisdiction over business, research and economic development matters, which may submit legislation to the Second Regular Session of the 124th Legislature. |
| Position: | | Status: | Resolve, Chapter 219 |
| Sponsor: | Representative Jon Hinck | Cosponsors: | Senator BARTLETT of Cumberland
Representative BEAUDETTE of Biddeford
Representative BRAUTIGAM of Falmouth
Representative FLETCHER of Winslow
Representative JACKSON of Allagash
Representative PILON of Saco
Representative SAMSON of Auburn
Senator SCHNEIDER of Penobscot
Representative SMITH of Monmouth |
| Committee: | BRED | Hearing: | Tue Apr 3, 2007, 1:00 pm
Room 208 Cross Building |
| | | Work Session: | Fri Mar 7, 2008, 1:00 pm
Room 208 Cross Office Building |
LD 1275: An Act To Promote Workplace Safety and Certainty within the Construction Industry by Authorizing the Workers' Compensation Board To Issue Construction Contractor Certificates Web Link to LD 1275
| Description: | This bill requires the Workers' Compensation Board to issue a construction contractor certificate to a person working in the construction industry upon proof that the person functions in a particular trade or occupation as an independent contractor rather than an employee or upon proof that the person has secured the payment of compensation by obtaining insurance coverage. The certificate creates a binding presumption that the person is an independent contractor so long as the person works in the trade, business, occupation or profession identified in the certificate. The application for and issuance of a construction contractor certificate constitutes a waiver of rights under the Maine Workers' Compensation Act of 1992. Construction contractor certificates are effective for 2-year periods and may be renewed. A person who engages in construction work without a certificate is deemed an employee of the person's hiring agent. An independent contractor may revoke the certificate or the board may suspend or revoke it upon a finding that the person misrepresented material facts in the application. The board is required to implement these provisions through major substantive rules. A hiring agent that uses coercion or intimidation or deceit to encourage persons who would otherwise be deemed employees to apply for certificates are subject to penalties, including penalties for a willful violation of the Act, fraud or intentional misrepresentation. |
| Position: | | Status: | Dead |
| Sponsor: | Representative Thomas Watson | Cosponsors: | Senator BARTLETT of Cumberland
Representative BERRY of Bowdoinham
Representative CLARK of Millinocket
Representative DILL of Cape Elizabeth
Senator MILLS of Somerset
Senator PERRY of Penobscot
Representative PRIEST of Brunswick |
| Committee: | Lab | Hearing: | Wed Mar 28, 2007 1PM rm 220 CSOB |
| | | Work Session: | Mon Dec 10, 2007, 10:00 am
Room 220 Cross Building |
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 1962: An Act To Amend the Informed Growth Act Web Link to LD 1962
| Description: | The bill adds an option for a municipality to waive the right to apply the provisions of the Informed Growth Act at any time by its legislative body. The bill also requires that if the vote was taken at a town meeting or by a city council, it must be approved by the citizens at a referendum.
LD 1962 reference page |
| Position: | | Status: | Dead |
| Sponsor: | Sen Hastings | Cosponsors: | Reps. Crockett Browne, Dill, Silsby, Sens. Courtney, Diamond, McCormick, Mitchell, Rosen |
| Committee: | S&LG | Hearing: | Wed. Jan. 23,2008 10:00 AM Room 216, Cross State Office Building |
| | | Work Session: | Wed Feb 6,2008, 3:00 PM Room 216, Cross State Office Building |
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 2061: An Act To Clarify the Qualifications of Installers under the Solar Energy Rebate Program Web Link to LD 2061
| Description: | The committee amendment replaces the bill. The amendment makes necessary changes to the laws governing the solar energy rebate program to change the qualifications of solar thermal system installers to be consistent with the intent of the bill. The amendment also directs the Public Utilities Commission to make several corresponding changes to its rules governing the solar energy rebate program. |
| Position: | | Status: | Public Law, Chapter 493 |
| Sponsor: | Rep. Miller | Cosponsors: | Reps. Blanchard, Bliss, Faircloth, MacDonald |
| Committee: | U&E | Hearing: | Tues. Jan. 22,2008 1:00 PM Room 211, Cross State Office Building |
| | | Work Session: | Tue Jan 29, 2008, 1:30 pm
Room 211 Cross Office Building |
LD 2278: An Act To Create Efficiencies in Professional Licensing Laws Pursuant to the State Government Evaluation Act Review of the Department of Professional and Financial Regulation Web Link to LD 2278
| Description: | This bill clarifies the legal requirement that licensees report name, address or other material change information to the Department of Professional and Financial Regulation within 10 days of the change; reenacts provisions that permit 2 boards to enforce orders of correction; changes the configuration of certain licensing boards; corrects cross-references in certain board statutes; eliminates unnecessary documentation requirements; repeals the Maine Athletic Commission; and sunsets the “registered counselor” license category.
THE HOUSE AMENDMENT moves the statutory provision pertaining to the duty to require certain information from applicants and licensees from the general administrative authority of the Department of Professional and Financial Regulations, Office of Licensing and Registration to a new section of the Maine Revised Statutes, Title 10 to permit the office and the boards, commissions and regulatory function within the office to enforce this provision. |
| Position: | | Status: | Public Law, Chapter 621 |
| Sponsor: | Rep. Smith | Cosponsors: | |
| Committee: | BRED | Hearing: | |
| | | Work Session: | |