Maine State Chamber of Commerce

Bond Issues Legislation

Budget and Finance Legislation

LD 1668, An Act To Implement the Recommendations of the Initiative To Streamline State Government. (Rep. Cain, D-Orono for the Joint Standing Committee on Appropriations and Financial Affairs) Emergency Joint Standing Committee on Appropriations and Financial Affairs. This bill incorporates financial changes to the state budget, as directed by the AFA Committee last session, to find savings associated with conmsolidation and streamlining state services.

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Business Regulation Legislation

LD 272, An Act To License Home Building and Improvement Contractors. (Rep. MacDonald, D-Boothbay) Joint Standing Committee on Business, Research, and Economic Development. This bill creates the Maine Home Contractor Licensing Act. The bill contains provisions concerning: requirements for licensure of general contractors and persons who perform framing, roofing, siding, insulating, window work or chimney work, if the work concerns residential dwellings; certain specific exemptions from licensure; required qualifications for general and specialty licenses; requirements for criminal and financial disclosures; creation of the Maine Home Contractor Licensing Board; and fees for licensing Carried over from the First Regular Session of the 124th Legislature.

LD 1499, An Act To Protect Confidential Consumer Records in Self-service Storage Facilities. (Sen. Peter Bowman, D-York) Joint Standing Committee on Judiciary. This bill protects the confidentiality of personal information relating to clients, customers or others with whom a tenant does business kept in self-service storage facilities if the tenant defaults on rental payments by requiring that the tenant notify the facility operator when the tenant intends to store such information, prohibiting the sale at auction of such information if the facility operator knows of its existence and requiring a purchaser of the contents of a unit to return any personal information.

LD 1519, An Act To Ensure That Search and Rescue Dogs Are Afforded the Same Access to Public Accommodations as Service Animals. (Sen. Gerzofsky, D-Cumberland) Joint Standing Committee on Inland Fisheries and Wildlife. This bill provides that Department of Inland Fisheries and Wildlife personnel have the right to be accompanied by a search and rescue dog in any place of public accommodation without charge.

LD 1569, An Act To Clarify the Informed Growth Act. (Rep. Beaudette, D-Biddeford) Emergency Joint Standing Committee on State and Local Government. This bill amends the Informed Growth Act by providing that the Informed Growth Act applies only to permits or approvals for new construction and that a change of use permit is not considered a land use permit requiring evaluation under the Informed Growth Act.

LD 1580, An Act To Replace the Maine Limited Liability Company Act. (Rep. Priest, D-Brunswick) Joint Standing Committee on Judiciary. This bill directs the Secretary of State to prepare draft legislation revising the laws governing limited liability companies. The draft must be submitted by January 15, 2011 to the joint standing committee of the Legislature having jurisdiction over judiciary matters, which may report out legislation based on the draft.

LD 1621, An Act To Increase Consumer Choice Regarding Service Contracts. (Rep. Thibodeau, R-Winterport) Joint Standing Committee on Insurance and Financial Services. This bill establishes standards for providers of service contracts and exempts these contracts from all other provisions of the Maine Insurance Code. It also exempts from the Maine Insurance Code; warranties; maintenance agreements; warranties, service contracts and maintenance agreements offered by public utilities on their transmission devices to the extent they are regulated by the Public Utilities Commission; and finally, service contracts sold or offered for sale to persons other than consumers.

LD 1631, An Act to Provide Leadership Regarding the Responsible Recycling of Consumer Products. (Rep. Walsh Innes, D-Yarmouth) Joint Standing Committee on Natural Resources. This bill establishes a broad product stewardship law under the Maine DEP. Under the bill, producers of designated products must participate in product stewardship programs established and paid for by the producers or manufacturers of the products.

LD 1677, An Act To Protect Minors from Pharmaceutical Marketing Practices. (Sen. Schneider, D-Penobscot) Joint Standing Committee on Judiciary. This bill prohibits the collection and use of personal information collected on the Internet from a minor who is at least 13 years of age and under 17 years of age for the purposes of pharmaceutical marketing in violation of rules adopted by the Attorney General. The bill requires the Attorney General to adopt rules consistent with the federal Children's Online Privacy Protection Act of 1998, 15 United States Code, Sections 6501 to 6506 (2007) and 16 Code of Federal Regulations, Part 312 (1999), which regulates the collection and use of personal information from children under 13 years of age on the Internet.

LD 1774, An Act To Strengthen Collection of Unredeemed Beverage Container Deposits. (Rep. Martin (D-Eagle Lake)) Emergency Joint Standing Committee on Business, Research, and Economic Development. This bill amends the laws relating to beverage containers to provide that the Department of Agriculture, Food and Rural Resources may remove beverages from sale when the initiator of deposit is not in compliance with reporting and payment requirements.

LD 1779, An Act To Prohibit Surcharges on the Use of Debit Cards. (Rep. Treat, D-Hallowell) Joint Standing Committee on Insurance and Financial Services. This bill prohibits surcharges on the use of debit cards. Current law prohibits surcharges on the use of credit cards.

LD 1796, Resolve, Regarding Legislative Review of Chapter 881: Fees; Chemical Use in Children's Products, a Major Substantive Rule of the Department of Environmental Protection. (Rep. Duchesne, D-Hudson) Emergency Joint Standing Committee on Natural Resources. This resolve provides for legislative review of Chapter 881.

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Economic Development Legislation

LD 1, An Act To Stimulate Capital Investment for Innovative Businesses in Maine. (Sen. Mills, R-Somerset) Joint Standing Committee on Business, Research, and Economic Development. This bill is modeled on statutes in Arkansas, Iowa, Michigan, Montana and Utah. It authorizes the establishment of the Maine Fund of Funds within the Small Enterprise Growth Board for the purpose of increasing the availability of venture capital to the Maine economy. The fund is managed by a director chosen by the Small Enterprise Growth Board by means of a competitive selection. Carried over from the First Regular Session of the 124th Legislature.

LD 1569, An Act to Clarify the Informed Growth Act. (Rep. Beaudette, D-Biddeford) EMERGENCY Joint Standing Committee on State and Local Government. This bill amends the IGA by providing that it applies only to permits or approvals for new contruction and that a change of use permit is not considered a land use permit requiring evaluation under the IGA.

LD 1659, An Act To Enhance the Small Enterprise Growth Fund. (Sen. Rector, R-Knox) Joint Standing Committee on Business, Research, and Economic Development. This bill would allow the Small Enterprise Growth Board to establish and manage separate investment funds raised from entities other than the State.

LD 1679, An Act To Create Jobs and Stimulate Economic Development by Making Captive Insurers Eligible for Pine Tree Development Zone Benefits for 10 Years. (Sen. Alfond, D-Cumberland) EMERGENCY Joint Standing Committee on Business, Research, and Economic Development. This bill makes captive insurance companies located anywhere in the State eligible for Pine Tree Development Zone benefits for a 10-year period and provides for a 100% state income tax credit during that 10-year period. The bill also extends the availability of the income tax credit for all qualified Pine Tree Development Zone businesses for 10 years until 2029.

LD 1701, An Act To Facilitate an Increase in Sales of Motor Vehicles. (Rep. Pilon, D-Saco) Joint Standing Committee on Business, Research, and Economic Development. The purpose of this bill is to facilitate an increase in sales of motor vehicles. This bill removes the current prohibition on sales of motor vehicles on Sunday. In addition, this bill repeals the existing exception from that prohibition for the sale of motor homes, which will no longer be necessary.

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Education Legislation

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Environmental Legislation

LD 1538, An Act to Close Loopholes in Environmental Laws (DEP bill). (Rep. Welsh, D-Rockport) Joint Standing Committee on Natural Resources. Among other things, this bill provides that when a planning board is determining whether 2 or more contiguous nonconforming lots must be treated as a single lot under shoreland zoning because they are owned by the same person, the board may consider whether the same person owns or has a financial interest in both lots.

LD 1568, An Act to Clarify Maine’s Phaseout of Polybrominated Diphenyl Ethers. (Speaker Pingree, D-North Haven) Joint Standing Committee on Natural Resources. This bill bans the manufacture and sale of shipping pallets and products manufactured from recycled shipping pallets that contain the “deca” mixture of polybrominated diphenyl ethers, effective January 1, 2011.

LD 1573, An Act to Improve Water Quality through the Phaseout of Overboard Dischares and the Improvement of the Boat Pump-out Laws (DEP bill). (Speaker Pingree, D-North Haven) Joint Standing Committee on Natural Resources.

LD 1577, An Act Concerning the Establishment of Water Levels (DEP bill). (Rep. Clark, D-Millinocket) Joint Standing Committee on Natural Resources. This bill amends water level laws to replace the requirement for an adjudicatory hearing by the DEP Commissioner or the BEP on a request or petition for a water level regime with a requirement for a public meeting by the commissioner.

LD 1603, An Act to Amend Laws Administered by the Department of Environmental Protection (DEP bill). (Sen. Goodall, D-Sagadahoc) Joint Standing Committee on Natural Resources. This is the DEP omnibus bill. Among other things, it makes changes to the DEP Groundwater Fund and the wellhead protection laws. It also prohibits the return to service of a single-walled UST that has been out of service for more than 12 months.

LD 1632, An Act to Establish Biofuel and Ultra-low Sulfur Requirements for #2 Home Heating Oil. (Rep. Butterfield, D-Bangor) Joint Standing Committee on Natural Resources. This bill requires that heating fuel sold for use in the State must have a sulfur content of no more than 15 ppm and must contain at least 2% biofuel, beginning July 1, 2011.

LD 1662, An Act to Improve Maine’s Air Quality and Reduce Regional Haze at Acadia National Park and Other Federally Designated Class I Areas. (Sen. Goodall, D-Sagadahoc) Joint Standing Committee on Natural Resources. This bill mandates reductions in sulfur content of fuel oil in certain federally designated areas in 2014 and 2018.

LD 1693, An Act to Protect the Environment and Natural Resources of the State by Regulating the Discharge of Certain Substances into the Environment. (Rep. Flaherty, D-Scarborough) Emergency Joint Standing Committee on Natural Resources. This bill prohibits ocean-going vessels from discharging ballast water that contains any detectable living organisms into the coastal waters of the State after January 1, 2021.

LD 1787, An Act to Provide for Legislative Review of Recently Proposed Revisions to Certain Rules Adopted Pursuant to the Site Location of Development Laws. (Sen. Goodall, D-Richmond) Joint Standing Committee on Natural Resources. This bill requires that rules adopted by the Maine DEP pursuant to site law are major substantive, with the exception of storm water management rules, which remain routine technical.

LD 1793, An Act to Stabilize Funding for Hazardous Material Emergency Response by the Department of Environmental Protection and Enhance Response Efforts of the Maine Emergency Management Agency. (Rep. Perry, D-Calais, on behalf of the Governor) Joint Standing Committee on Natural Resources. This bill establishes a fee on natural gas transported by pipeline in the state.

LD 1794, An Act Regarding Solid Waste. (Rep. Duchesne (D-Hudson)) Joint Standing Committee on Natural Resources. This bill amends the law that prohibits expansion of commercial solid waste disposal facilities by authorizing a commercial landfill that is not under an order or agreement to close to expand if the proposed expansion is contiguous with the existing facility and is located on property owned by the person holding the license.

LD 1797, An Act Regarding Planning for the Management of Solid Waste (Rep. Duchesne (D-Hudson)) Joint Standing Committee on Natural Resources. This bill moves the responsibility for preparing the state solid waste management and recycling plan and staffing the Solid Waste Management Advisory Council from the Executive Department , State Planning Office to the Department of Environmental Protection.

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Financial Services Legislation

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Government Spending/Reform Legislation

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Health Care Legislation

LD 20, An Act to Require Insurance Companies To Cover the Cost of Prosthetics. (Rep. Bryant, D-Windham) Joint Standing Committee on Insurance and Financial Services. This bill would require all health insurance policies, contracts and certificates issued or renewed after January 1, 2010 to provide coverage for prosthetics. Carried over from the First Regular Session of the 124th Legislature.

LD 257, An Act To Establish the Health Technology Clinical Committee. (Rep. Priest, D-Brunswick) Joint Standing Committee on Insurance and Financial Services. This bill requires the Maine Quality Forum to establish a health technology assessment program to make determinations as to which health technologies and health care services will be included as covered benefits in publicly funded health care plans. The bill establishes the Health Technology Clinical Committee, a 5-member committee of health care providers, to conduct the assessments and make the coverage determinations based on reviews of scientific evidence. Carried over from the First Regular Session of the 124th Legislature.

LD 425, An Act To Require Private Insurance Coverage for Certain Services for Children with Disabilities. (Rep. Connor, D-Kennebunk) Joint Standing Committee on Insurance and Financial Services. This bill is a health insurance mandate that would apply to all individual, group and HMO ploicies sold in Maine. The bill would require coverage for children’s early intervention services after a referral from a primary care provider for children from birth to 3 years of age if the child has an identified developmental disability or delay as described in the federal Individuals with Disabilities Education Act, Part C. The bill limits coverage to $3,200 per year per child up to a maximum of $9,600 by the child’s 3rd birthday. The bill applies to all policies, contracts and certificates issued or renewed on or after January 1, 2010. Carried over from the First Regular Session of the 124th Legislature.

LD 701, An Act To Fund the Screening and Early Detection Elements of the Statewide Cancer Plan. (Rep. Strang Burgess, R-Cumberland) Joint Standing Committee on Appropriations and Financial Affairs. This bill provides funding for a portion of the comprehensive cancer screening, detection and prevention program by providing an ongoing appropriation from the Fund for a Healthy Maine. Carried over from the First Regular Session of the 124th Legislature.

LD 1498, An Act To Adopt a Drug Benefit Equity Law. (Sen. Peter Mills, R-Somerset) Joint Standing Committee on Insurance and Financial Services. The purpose of this bill is to bar health insurance carriers from favoring certain types of pharmacies, such as mail order pharmacies, over other types of pharmacies, such as independent retail pharmacies. Specifically, the bill prohibits a carrier from refusing to contract with a pharmacy provider that meets the terms and conditions established by the health plan; requires that coinsurance, copayment and deductible factors be applied uniformly regardless of the type of pharmacy the health plan enrollee chooses; and prohibits a carrier from limiting the quantity of drugs that an enrollee may obtain at one time unless the limit is applied uniformly to all pharmacy providers within the health plan’s network.

LD 1544, An Act To Amend the Laws Governing the Maine Health Data Processing Center and the Maine Health Data Organization. (Rep. Perry, D-Calais for the Maine Health Data Organization) Joint Standing Committee on Health and Human Services. This bill amends the laws governing the Maine Health Data Processing Center to remove the phrase “Maine Health Information Center” and replace it with “Onpoint Health Data,” the new name of the organization. It modifies the composition of the Board of Directors of the Maine Health Data Processing Center. It restructures the laws governing reports produced by the MHDO.
It also clarifies what constitutes an undisputed health care claim submitted by a health care provider or health care facility to a carrier and specifies fields in the claim that must be filled. The language also stipulates that if the claim does not conform to the requirements and does not contain any one of the required fields, the provider or facility may not request payment directly from the insured and must resubmit the claim to the carrier.

LD 1708, An Act To Expand the Opportunity for Persons To Acquire Health Care Coverage under the State’s “Mini-COBRA” Program. (Rep. Mazurek, D-Rockland) Joint Standing Committee on Insurance and Financial Services. This bill modifies Maine’s so-called mini-COBRA law to make persons permanently laid off from their employment eligible to maintain, at their expense, coverage under their former employer’s group health plan. Currently, the law limits eligibility to persons who are temporarily laid off or who have a condition that makes them eligible for workers’ compensation.

LD 1709, An Act Concerning the Use of Long-term Antibiotics for the Treatment of Lyme Disease. (Rep. Legg, D-Kennebunk) Joint Standing Committee on Insurance and Financial Services. A health insurance mandate, the bill requires health insurance companies to provide coverage for long-term antibiotic therapy for patients with Lyme disease in all individual and group health insurance policies. The health insurance provisions apply to all policies issued or renewed on or after January 1, 2011.

LD 1773, An Act To Improve Dental Insurance Coverage for Maine Children. (Sen. Alfond, D-Cumberland) Joint Standing Committee on Insurance and Financial Services. This bill requires health insurance policies, contracts and certificates that provide dental plans to provide coverage of dependent children from birth if the policyholder elects to participate in the dependent coverage plan. The provisions of this bill apply to all policies, contracts and certificates executed, delivered, issued for delivery, continued or renewed on or after January 1, 2011.

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Insurance Legislation

LD 1510, An Act To Maintain Compliance of Maine’s Insurance Laws with National Standards. (Rep. Treat, D-Hallowell) Joint Standing Committee on Insurance and Financial Services. This bill makes changes to conform Maine’s insurance laws to new national standards adopted by the National Association of Insurance Commissioners.The first part of the bill increases the time period from 2 to 5 years for the disqualification of the lead partner conducting an outside audit of an insurance company and authorizes the Superintendent of Insurance to waive the standard for unusual circumstances. It also clarifies the superintendent’s authority related to the declaration and distribution of dividends, including extraordinary dividends, by insurance company holding systems. The second part of the bill requires all health insurers to submit a qualified actuarial opinion as part of their annual statement to the Mainer Bureau of Insurance. Finally, the bill establishes a separate licensing category for multiple peril crop insurance adjusters.

LD 1653, An Act To Improve Health Insurance Security. (Sen. Schneider, D-Penobscot) Joint Standing Committee on Insurance and Financial Services. This bill allows a person who worked for the State for 5 years or more as of January 1, 2011 and who terminates state employment on or after that date to continue coverage under the group health plan for state employees. The bill requires the person to enroll in continued coverage under the group health plan within 30 days of the date the person leaves state employment and to pay the full premium cost for coverage.

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Judiciary Legislation

LD 1537, An Act To Amend the Statute of Limitations under the Maine Human Rights Act. (Rep. Blodgett, D-Augusta) Joint Standing Committee on Judiciary. This bill shortens from 2 years to one year the period within which the Maine Human Rights Commission must conclude an investigation of a complaint.

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Labor Legislation

LD 192, An Act To Index the State Minimum Wage to Inflation. (Rep. Tuttle, D-Sanford) Joint Standing Committee on Labor. This bill provides for the state minimum hourly wage to be adjusted for inflation beginning January 1, 2010 and annually thereafter. The bill requires the Department of Labor to calculate the inflation-adjusted minimum hourly wage based on changes in the consumer price index and to exclude from the calculation any month in which the State’s unemployment rate exceeds the national unemployment rate. Carried over from the First Regular Session of the 124th Legislature.

LD 403, An Act To Increase the Minimum Wage. (Rep. Tuttle, D-Sanford) Joint Standing Committee on Labor. This bill increases the minimum wage to $8.20 per hour in 2010 and to $8.90 in 2011. Each year after that, the minimum wage is adjusted based on changes in prices, so that the minimum hourly wage rate maintains employee purchasing power. The price adjustment is based on the change in the Consumer Price Index. Carried over from the First Regular Session of the 124th Legislature.

LD 1543, An Act To Make Maine Laws Consistent with Recent Amendments to the United States Trade Act of 1974. (Rep. Tuttle, D-Sanford for the Maine Department of Labor) Joint Standing Committee on Labor. This bill makes statutory changes to reflect amendments to the United States Trade Act of 1974 made by the United States Trade and Globalization Adjustment Assistance Act of 2009.

LD 1545, An Act To Protect Maine Workers. (Sen. Jackson, D-Aroostoock) Joint Standing Committee on Labor. This bill prohibits an employer from employing foreign laborers for 5 years if the employer violates the required proof of equipment ownership or foreign labor certification laws.

LD 1552, An Act To Improve Employment Opportunities for Maine Workers in the Forest Industry. (Rep. Martin, D-Eagle Lake) Joint Standing Committee on Labor. This bill requires a landowner to notify the Department of Conservation, Bureau of Forestry if forest land is harvested by a harvester who uses bonded labor under the federal H2 bonded labor program. If a landowner or a harvester employed by or under contract to the landowner uses bonded labor under the federal H2 bonded labor program or the landowner fails to provide the required notification, the land must be withdrawn from the Maine Tree Growth Tax Law and a penalty assessed under the commercial forestry excise tax to compensate the State for the General Fund contribution to the cost of forest fire protection activities.

LD 1558, An Act Regarding Accidental Death Benefits for Beneficiaries of Deceased Firefighters. (Sen. Jackson, D-Aroostoock) Joint Standing Committee on Labor. This bill provides an accidental death benefit to the beneficiary of a professional firefighter who dies from cardiovascular injury or disease or pulmonary disease as described in the Maine Workers’ Compensation Act. The benefit applies only if the firefighter was a member of the Participating Local District Retirement Program administered by the Maine Public Employees Retirement System and the injury or disease that caused the firefighter’s death is the result of a condition that developed within 6 months of the firefighter’s having been in service as a professional firefighter for a municipal fire department. The bill also makes the death benefit retroactive to November 1, 2004.

LD 1565, An Act To Amend the Laws Governing the Knowing Misclassification of Construction Workers. (Rep. Martin, D-Eagle Lake) Joint Standing Committee on Labor. This bill authorizes the Executive Director of the Workers’ Compensation Board to issue a stop-work order if a hiring agent or construction subcontractor has knowingly misrepresented one or more employees as independent contractors, knowingly failed to provide a workers’ compensation insurance policy or knowingly provided false, incomplete or misleading information to the board concerning the number of employees. This bill also prohibits that hiring agent or construction subcontractor from performing work on a public building or other public works for a period of 3 years.

LD 1665, An Act To Prevent the Spread of H1N1. (President Mitchell, D-Kennebec) Emergency Joint Standing Committee on Labor. This bill requires an employer to give a maximum of 52 accrued hours of paid sick leave per year to any employee who is employed by a large business employer and a maximum of 26 accrued paid sick leave hours per year to any employee who is employed by a small business employer. Paid sick leave is accrued from the first day of employment and can be used on the 90th day and thereafter. Earned paid sick leave may be used by an employee during an absence from employment due to the illness of an employee or illness of an employee's family member, if the employee's place of business is closed due to a public health emergency, if an employee needs to care for a dependent whose school or place of care has been closed due to a public health emergency, for the purpose of an employee accessing necessary preventive health care or an employee's family member accessing necessary preventive health care or due to the employee or the employee's family member being a victim of stalking, domestic violence or sexual abuse.

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Legal and Veterans’ Affairs Legislation

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Miscellaneous Legislation

LD 1588, An Act To Change the Penalties for Writing Bad Checks. (Rep Shaw, D-Standish) Joint Standing Committee on Criminal Justice and Public Safety. This bill increases the classification of certain crimes involving negotiating a worthless instrument, provides a statute of limitations of 18 months for filing a civil action for issuing a dishonored check and increases the amount that may be recovered in a civil action for issuing a dishonored check.

LD 1649, Resolve, To Increase the Financial Stability of Low-income Families in Maine. (Sen. Simpson, D-Androscoggin) Joint Standing Committee on Insurance and Financial Services. This resolve directs the Commissioner of Professional and Financial Regulation to establish, within existing budgeted resources, the Bank on ME working group, composed of municipal officials and representatives of state and federal financial institutions, community organizations and state agencies to develop and implement collaborative voluntary initiatives that increase the financial stability of low-income families in the State by increasing awareness of and access to basic financial services. The commissioner is required to submit a report to the Legislature by November 3, 2010 on the progress of the Bank on ME working group and on any changes to existing law that are necessary to implement the initiatives supported by the working group.

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Taxation Legislation

LD 195, An Act to Base the Excise Tax on Vehicles on a Percentage of the Manufacturer’s Suggested Retail Price. (Rep. Knight, R-Livermore Falls) Joint Standing Committee on Taxation. This measure requires the motor vehicle excise tax to be based on 90% of the manufacturer’s suggested retail price (MSRP,) rather than the current law requiring the use of 100% of the MSRP. Carried over from the First Regular Session of the 124th Legislature.

LD 588, An Act To Amend the Excise Tax on Motor Vehicles To Reflect Depreciation. (Rep. Pilon, D-Saco) Joint Standing Committee on Taxation. Under current law, a motor vehicle’s manufacturer’s suggested retail price (MSRP) is the base of the motor vehicle excise tax for the life of the vehicle, with the rate declining every year until a floor of 4 mills is reached in the sixth year. This proposal would leave the rate of tax at a constant 20 mills but the tax base depreciates over the same six years. Carried over from the First Regular Session of the 124th Legislature.

LD 659, An Act To Remove the Sales Tax on Watercraft. (Rep. Pilon, D-Saco) Joint Standing Committee on Taxation. Current law exempts from the sales tax the sale of boats, the sale – under a boat construction contract – of certain construction materials and the sale of materials for boat repair, alteration, overhaul etc. This exemption, however, applies only to sales to nonresidents with respect to boats that are intended to be transported out of state immediately after the sale. This bill extends that exemption to all such sales, whether to residents or nonresidents and without regard to whether the boat will remain in Maine. Carried over from the First Regular Session of the 124th Legislature.

LD 788, An Act To Aid Municipalities and the Unorganized Territory in the Reduction of Property Taxes. (Rep. Chase, R-Wells) Joint Standing Committee on Taxation. This bill requires that 10% growth in annual sales tax revenues be returned each year to the municipality (or Unorganized Territory) in which they were generated. It also requires that those returned revenues be used by each town to reduce property taxes by a comparable amount. Carried over from the First Regular Session of the 124th Legislature.

LD 839, An Act To Authorize an Alternative Calculation of the Property Growth Factor for Municipalities with Exempt Personal Property. (Rep. Gilbert, D-Jay) Joint Standing Committee on Taxation. This legislation amends the law known as “LD 1,” a 2005 measure that created statutory limits on state and local government spending. Under that law, one of the factors limiting local spending increases is the property growth factor. This is a measure of the annual growth in assessed valuation. That law was enacted before the Legislature enacted the property tax exemption for business equipment placed in service after 2007. As a result, any valuation attributable to exempt business equipment is now excluded in determining whether the valuation has increased. For towns with a large amount of business equipment in their tax base, this bill would allow the inclusion of exempt business equipment in the property growth factor. Carried over from the First Regular Session of the 124th Legislature.

LD 1500, An Act To Conform the Maine Tax Laws for 2009 to the United States Internal Revenue Code. (Sen. Perry, D-Penobscot; Submitted by Department of Administrative and Financial Services) Emergency Joint Standing Committee on Taxation. This is an annual bill which is designed to ensure, unless otherwise determined by the Legislature, that the Maine Income Tax remains consistent with the Internal Revenue Code.

LD 1539, An Act Concerning Technical Changes to the Tax Laws. (Rep. Watson, D-Bath; Submitted by Department of Administrative and Financial Services) Joint Standing Committee on Taxation. This is an annual housekeeping bill which is intended to correct errors, inconsistencies and other technical problems in the state’s tax code.

LD 1540, An Act To Amend the Tax Laws. (Rep. Watson, D-Bath; Submitted by Department of Administrative and Financial Services) Joint Standing Committee on Taxation. This legislation makes a number of minor changes to the state’s code, none of which appears to be particularly significant.

LD 1640, Resolve, To Increase Transparency and Accountability and Assess the Impact of Tax Expenditure Programs. (Rep. Cain, D-Orono) Joint Standing Committee on Taxation. This bill would require the Department of Administrative and Financial Services to convene a working group of other state agencies to comprehensively review certain tax expenditures (exemptions, deductions, credits, BETR etc.) and to recommend a process to ensure they achieve their purpose. Specifically, the group would be required to:
1 - Define the purpose of the selected tax expenditure programs;
2 - Design a method to measure their economic impact;
3 - Recommend a regular reporting schedule of the relevant economic date; and,
4 - Recommend a regular schedule of legislative review.
The Department would also be required to report on the group’s findings for possible action by the next Legislature.

LD 1679, An Act to Create Jobs and Stimulate Economic Development by Making Captive Insurers Eligible for Pine Tree Development Zone Benefits for 10 Years. (Sen. Alfond, D-Cumberland) Joint Standing Committee on Taxation. This bill establishes enhanced Pine Tree Zone (PTZ) benefits for captive insurance companies that are formed under Maine law and have a principal place of business in the state. Specifically, it makes them eligible for PTZ benefits for 10 years, regardless of their location in the state. It also extends the duration of their 100% PTZ income tax credit to 10 years, rather than the normal five years. Finally, for all PTZ businesses, it extends the duration of the credit for 10 years (from 2019 to 2029.)

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Transportation Legislation

LD 1501, An Act To Dedicate Surplus Transportation Funds to Highway Maintenance and Paving. (Sen. Courtney, R- York) Joint Standing Committee on Transportation. This bill requires the transfer of the uncommitted balance in the Highway Fund unallocated surplus account to the Department of Transportation Highway and Bridge Light Capital program for maintenance paving. The amount transferred to this program, when added to previous allocations to the program for the fiscal year, may not exceed an amount necessary to perform maintenance paving at a rate of 600 miles per year as calculated by the DOT.

LD 1678, Resolve, Directing the Department of Transportation to Review the Fiscal Impact on the State of the Closure of the Railroad Track between Madawaska and Millinocket. (Sen. Sherman, D-Aroostook) Emergency Joint Standing Committee on Transportation. This resolve directs the Department of Transportation to review the fiscal impact upon the State of the proposed closure of railroad tracks between the Town of Madawaska and the Town of Millinocket and report its findings to the Second Regular Session of the 124th Legislature.

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Unemployment Insurance Legislation

LD 1524, An Act To Ensure Equity in Unemployment Compensation Claims. (Rep. Beaulieu, D-Auburn) Joint Standing Committee on Labor. This bill addresses the situation of 2 employers who both lay off the same employee within 30 days of each other. The bill requires that both employers be considered the claimant’s last employer for purposes of the laws governing unemployment compensation, and the UI costs associated with the claim be divided.

LD 1626, An Act To Amend the Unemployment Compensation Laws Regarding Vacation Pay. (Speaker Pingree, D-North Haven) Emergency Joint Standing Committee on Labor. Under current law, an individual is disqualified from receiving unemployment compensation benefits for any week in which the individual receives, is entitled to receive or has received remuneration in the form of vacation pay. This bill removes that restriction. Public hearing scheduled for Thursday, January 14, 2010, at 1:00 p.m. in Room 220 of the Cross State Office Building.

LD 1681, An Act To Implement a Maine Unemployment Insurance Work-sharing Program. (Sen. Jackson, D-Aroostoock for the Department of Labor) Joint Standing Committee on Labor. This bill creates a work-sharing program that provides an alternative to layoffs during a temporary slowdown in business. Under a work-sharing plan, an employer elects to avoid layoffs by reducing the number of regularly scheduled hours of work for all workers in a specific unit or department or the business as a whole. Unemployment insurance benefits for the reduced hours of work are then payable as a proportion of the benefit amount for a full week of unemployment. A work-sharing plan is voluntary on the part of the employer. A plan must be approved by the Commissioner of Labor or the commissioner’s designee and, if the employees are unionized, by their collective bargaining agent.

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Utilities and Energy Legislation

LD 543, An Act Concerning the Allocation of Power Generated by GNE, LLC. (Rep. Clark, D-Millinocket) Joint Standing Committee on Utilities and Energy. This bill requires that the GNE, LLC hydropower facilities must give the paper mills operated in Millinocket and East Millinocket first priority when allocating generated power. Carried over from the First Regular Session of the 124th Legislature.

LD 1504, An Act to Require That Expedited Wind Energy Development Projects Provide a Tangible Benefit to Maine Ratepayers in the Form of Discounts to Future Electric Rates. (Sen. Mills, R-Cornville) Joint Standing Committee on Utilities and Energy. This bill requires that proposals for expedited wind energy development projects must demonstrate to the siting authority that the proposed generating facility will provide a tangible benefit to Maine ratepayers in the form of a reduction in long-term electric rates.

LD 1535, An Act to Create a Smart Grid Policy in the State. (Rep. Hinck, D-Portland) Emergency Joint Standing Committee on Utilities and Energy. This bill establishes a policy on smart grid infrastructure including employment of a smart grid to improve power reliability as well as the overall efficiency of the power resource and delivery system while reducing energy consumption, GHG emissions and costs to consumers, in part by offering consumer's greater choice and information about electricity consumption. It also allows T & D utilities to recover costs associated with creating a smart grid.

LD 1571, An Act to Ensure that Maine's Energy Corridor Policy Does Not Harm Maine's Renewable Power Development. (Rep. Martin, D-Eagle Lake) Emergency Joint Standing Committee on Utilities and Energy. This bill requires the Commission to Study Energy Infrastructure to make specific findings regarding the potential for the development of renewable and other energy projects in Maine before adopting an energy corridor plan.

LD 1578, An Act to Provide for Equitable Sharing by Service Providers of the Costs of the Public Utilities Commission and the Office of the Public Advocate (Public Advocate's bill). (Rep. Flaherty, D-Scarborough) Joint Standing Committee on Utilities and Energy. This bill directs that the assessment currently paid by utilities to fund legislatively approved budgets for these agencies be also applied to communications service providers.

LD 1581, An Act Concerning Electricity Customers Whose Bills Increase as a Result of the Implementation of Energy Conservation or Energy Efficiency Measures (Public Advocate's bill). (Rep. Fitts, R-Pittsfield) Joint Standing Committee on Utilities and Energy. This bill requires the PUC to ensure that there is no increase in an elecricity customer's bill as a result of that customer's reduction in demand or sonsumption of electricity attributable to the implementation of energy conservation or energy efficiency measures.

LD 1643, An Act To Facilitate the Involvement of the Office of the Public Advocate in the FairPoint Communications Bankruptcy Case. (Rep. Hinck, D-Portland) Emergency Joint Standing Committee on Utilities and Energy. This bill increases the assessment on intrastate gross operating revenues for telecomm utilities to cover costs incurred for legal services to be provided by bankruptcy counsel for the FairPoint Communications proceedings.

LD 1644, An Act to Require That a Utility Company Notify the Owner of Property Prior to Disconnecting Services. (Rep. Pilon, D-Saco) Joint Standing Committee on Utilities and Energy. This bill requires the PUC to adopt rules requiring a utility to notify a landlord when residential utility services of a tenant is to be terminated or disconnected.

LD 1646, An Act to Establish a Broadband Policy for Maine. (Rep. Flaherty, D-Scarborough) Emergency Joint Standing Committee on Utilities and Energy. This bill establishes a goal of 100 % deployment of baseline broadband service by the end of 2012, and a policy of promoting sustainable private investment to increase broadband service that exceeds those minimum levels; and requires the ConnectME Authority to develop target prices for broadband services and establish competitively neutral discounts to customers in areas where services are more expensive than the average metropolitan rates.

LD 1647, An Act to Enhance Maine's Clean Energy Opportunities. (Rep. Berry, D-Bowdoinham) Emergency Joint Standing Committee on Utilities and Energy. This bill requires to PUC to direct investor owned transmisson and distribution utilities to enter into long-term contracts for capacity resources and any available energy associated with such resources to the extent necessary to meet the energy efficiency targets articulated in the Efficiency Maine Trust's triennial plan.

LD 1652, An Act to Provide More Information to the Public Advocate. (Senator Hobbins, D-Saco) Joint Standing Committee on Utilities and Energy. This bill authorizes the Public Advocate to make written information requests of utilities subject to the jurisdiction of the PUC on any matter related to rates, charges, tariffs, books or service quality of the utility.

LD 1680, An Act to Assist in Reviewing Wind Energy Applications (Dept. of Conservation bill). (Sen. Hobbins, D-Saco) Joint Standing Committee on Utilities and Energy. This bill amends the laws governing the siting of wind energy developments.

LD 1682, An Act to Amend the Electric Utility Laws as They Relate to Renewable Resources. (Sen. Bartlett, D-Gorham) Joint Standing Committee on Utilities and Energy. This bill amends various definitions in Title 35-A relating to renewable resources. It also adds a new 100-megawatt limit on all new renewable resources that can qualify for the new renewable resource portfolio requirement above 30 %.

LD 1696, An Act to Strengthen the Community-based Renewable Energy Pilot Program. (Rep. Adams, D-Portland) Joint Standing Committee on Utilities and Energy. This is a concept draft that proposes to revise recently enacted legislation on feed-in tariffs and community-based energy generation facilities.

LD 1697, An Act to Protect Universal Service. (Rep. Fitts, R-Pittsfield) Joint Standing Committee on Utilities and Energy. This bill prohibits the state from providing telecommunications service or information service to any person other than itself or its tenants.

LD 1717, An Act to Increase the Affordability of Clean Energy for Homeowners and Businesses. (Rep. Crockett, D-Augusta) Emergency Joint Standing Committee on State and Local Government. This bill allows a muinicipality to establish a clean energy improvement financing program under which financing for a clean energy improvement located on a property is secured by a municipal lien on the property.

LD 1720, An Act Related to Qualified Waste-to-Energy Power. (Rep. Soctomah, Passamaquoddy Tribe) Joint Standing Committee on Utilities and Energy. This is a concept draft proposing an amendment to the current law to adapt the State's energy policy and laws as they relate to the Passamaquoddy Tribe to accommodate federal waste-to-energy developments currently before the United States Congress in the American Clean Energy and Security Acot of 2009.

LD 1778, An Act to Enable the Installation of Broadband Infrastructure. (Rep. Dill (D-Cape Elizabeth)) Emergency Joint Standing Committee on Utilities and Energy. This bill establishes a "dark fiber provider" that provides fiber-optic cable without equipment for transmitting communications and that provides dark fiber to all carriers and end users on an open-access basis.

LD 1786, An Act Regarding Energy Infrastructure Development. (Rep. Hinck (D-Portland)) Joint Standing Committee on Utilities and Energy. Among other things, this bill establishes a process for the State to use when entering into occupancy agreements for construction and development of energy infrastructure within statutory corridors.

LD 1810, An Act to Implement the Recommendations of the Governor's Ocean Energy Task Force. (Sen. Hobbins (D-York) on behalf of the Governor) Emergency Joint Standing Committee on Utilities and Energy. This bill implements the recommendations of the Governor's Ocean Energy Task Force.-

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Workers' Compensation Legislation

LD 1528, An Act To Enhance Cooperation between the Workers’ Compensation Board’s Abuse Investigation Unit and Other State Agencies and To Ensure Equal Application of the Requirement To Obtain Coverage. (Sen. Jackson, D-Aroostook, for the Workers’ Compensation Board) Joint Standing Committee on Labor. This bill clarifies that the Workers’ Compensation Board’s abuse investigation unit may share information with other state agencies to enhance interagency efforts to ensure compliance with their respective laws and rules. This bill also ensures that the coverage penalties in the Maine Workers’ Compensation Act of 1992 are applied in the same manner to all business entities.

LD 1566, An Act Relating to the Membership of the Workers’ Compensation Board. (Rep. Butterfield, D-Bangor) Joint Standing Committee on Labor. This bill seeks to futher clarifiy the current definitions and restrictions on Workers’ Compensation Board membership related to lobbying and being a service provider to the workers’ compensation system.

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