Legislation of Interest
The Maine State Chamber of Commerce regularly posts legislation of interest to Maine businesses during legislative session. Maine Chamber staff has studied each of these recently printed bills to assess potential impact on business trends. If you have concerns regarding any bill, please communicate those concerns to a member of our advocacy department by calling (207) 623-4568.
Bond Issues
LD 148, An Act To Authorize a General Fund Bond Issue To Recapitalize the School Revolving Renovation Fund and To Give Priority Status to Certain School Facility Upgrades. (Sen. Millett, D-Cumberland) Joint Standing Committee on Appropriations and Financial Affairs. The funds provided by the bond issue in Part A of this bill, in the amount of $50,000,000, will be used to recapitalize the School Revolving Renovation Fund for the purpose of providing funds to public schools for renovation and capital repairs. Part B of this bill gives upgrades of facilities required to meet prekindergarten facility standards and for prekindergarten capacity building Priority 4 status for loans from the fund to school administrative units for school repair and renovation.
LD 295, An Act To Authorize a General Fund Bond Issue To Increase Rural Maine's Access to Broadband Internet Service. (Rep. Berry, D-Bowdoinham) Joint Standing Committee on Appropriations and Financial Affairs. The funds provided by this bond issue, in the amount of $100,000,000, will be used for the provision of broadband Internet service in unserved and underserved areas through ConnectME Authority grants to partnerships between private, municipal and nongovernmental service providers.
LD 394, An Act To Authorize a General Fund Bond Issue To Provide for Student Loan Debt Relief. (Rep. Hobbs, D-Wells) Joint Standing Committee on Innovation, Development, Economic Advancement and Commerce. The funds provided by this bond issue, in the amount of $50,000,000, will be used to provide funds to the Finance Authority of Maine for zero-interest student loans and loan consolidation or refinancing interest rate reductions for certain Maine residents who agree to live and work in Maine for at least 5 years. The bill creates the Maine Student Loan Debt Relief Program. Under the program, zero-interest loans up to $10,000 per year for a maximum of 5 years are available to certain Maine residents who study at qualified in- state institutions of higher education and agree to live and work in Maine for at least 5 years following graduation. Loans bearing an annual interest rate of the prime rate of interest plus 2% are available to those who do not live and work in the State upon graduation. The Finance Authority of Maine may provide interest rate reduction payments to residents who use the authority's existing loan consolidation and refinancing program. This option is available to individuals who studied in Maine or outside of Maine and agree to live and work in Maine for at least 5 years. The bill exempts from Maine income tax any benefits received under the program to the extent included in federal adjusted gross income and prohibits individuals who have received benefits under the program from receiving the Maine educational opportunity tax credit.
LD 469, An Act To Authorize a General Fund Bond Issue To Provide Funding for Upgrades of Learning Spaces and Other Projects Funded by the School Revolving Renovation Fund. (Rep. Farnswoth, D-Portland) Joint Standing Committee on Appropriations and Financial Affairs. The funds provided by this bond issue, in the amount of $50,000,000 in fiscal year 2019-20 and $50,000,000 in fiscal year 2020-21, will be used to provide funds to the School Revolving Renovation Fund for the purpose of providing funds to public schools to upgrade learning spaces in school buildings and make other necessary repairs.
LD 547, An Act To Authorize a General Fund Bond Issue To Support Maine Aquaculture. Emergency (Sen. Chipman, D-Cumberland) Joint Standing Committee on Appropriations and Financial Affairs. The funds provided by this bond issue, in the amount of $25,000,000, will be used to provide funds to the Gulf of Maine Research Institute to study and promote Maine aquaculture.
LD 602, An Act To Authorize a General Fund Bond Issue To Support Research and Development in Maine. (Sen. Dill, D-Penobscot) Joint Standing Committee on Appropriations and Financial Affairs. The funds provided by this bond issue, in the amount of $50,000,000, will be used forinvestment in research, development and commercialization in the State's 7 targeted technology sectors to be used for infrastructure, equipment and technology upgrades that enable organizations to gain and hold market share, to increase revenues and to expand employment or preserve jobs, including in the biotechnical and biomedical sectors by attracting more research capacity and in the forest products sector by using Maine fiber to reduce carbon emissions. The funds must be awarded through a competitive process to Maine-based public and private entities, leveraging other funds in a one-to-one ratio.
LD 923, An Act To Authorize a General Fund Bond Issue To Upgrade Municipal Culverts at Stream Crossings. (Speaker Gideon, D-Freeport) Joint Standing Committee on Appropriations and Financial Affairs. The funds provided by this bond issue, in the amount of $5,000,000, will be used for a competitive grant program that matches local funding for the upgrade of municipal culverts at stream crossings in order to enhance and restore rivers, streams and fish and wildlife habitats and to allow communities to better prepare for extreme storms and floods.
LD 1836, An Act To Authorize a General Fund Bond Issue for Infrastructure, Economic Development, Workforce Development and Energy and Environment Investment. (Sen. Breen, D-Democrat) Joint Standing Committee on Appropriations and Financial Affairs. Part A provides a bond issue in the amount of $105,000,000. Funds in the amount of $100,000,000 will be used for reconstruction and rehabilitation of highways and bridges and for facilities or equipment related to ports, harbors, marine transportation, freight and passenger railroads, aviation, transit and bicycle and pedestrian trails, matching an estimated $137,000,000 per year in federal and other funds. Funds in the amount of $4,000,000 will be used for a competitive grant program that matches local funding for the upgrade of municipal culverts at stream crossings in order to improve fish and wildlife habitats and to allow communities to better prepare for extreme storms and floods. Funds in the amount of $1,000,000 will be used to complete the renovation of a wharf and bulkhead at the Gulf of Maine Research Institute in Portland to bring the wharf back into operation for a fishing vessel berthing resource to support marine research at sea, for commercial fishing access and for continued long-term marine job development.
PART B: The funds provided by this bond issue, in the amount of $50,000,000, will be used to invest in community broadband infrastructure, economic development and job creation.
PART C: The funds provided by this bond issue, in the amount of $19,000,000, will be used to invest in Maine Community College training, in child care services, in Maine Army National Guard readiness centers and support facilities and in career and technical education centers.
PART D: The funds provided by this bond issue, in the amount of $65,000,000, will be used to protect Maine's environment by investing in land conservation, water access, wildlife habitat, outdoor recreation opportunities, including hunting and fishing, farmland and working waterfronts and by supporting environmental clean-up efforts and promotion of renewable energy projects. Funds provided in this Part for the Efficiency Maine Trust, in the amount of $15,000,000, will be used to purchase solar arrays, high-efficiency ductless heat pumps and high-efficiency modern wood heating systems for buildings and property owned by municipalities and school administrative units and will fund the Municipal Energy Efficiency and Renewable Energy Program under Part E.
PART E: Part E establishes the Municipal Energy Efficiency and Renewable Energy Program within the Efficiency Maine Trust to support municipalities and municipally authorized citizen committees and school administrative units across the State in reducing energy costs, reducing carbon emissions, facilitating the development of renewable energy resources and creating local jobs related to the building of renewable energy facilities and the installation of energy-efficient equipment. It funds the program with the proceeds of bonds, including bonds issued pursuant to Part D, any other funds allocated by the trust and matching funds from participating municipalities. Part E takes effect only if the bond issue under Part D is approved by the voters of the State.
Budget and Finance
LD 1947, An Act To Fund Capital Improvements to Career and Technical Education Centers. (Rep. Fecteau, D-Biddeford) Joint Standing Committee on Appropriations and Financial Affairs. This bill authorizes the issuance and use of up to $20,000,000 in Maine Governmental Facilities Authority securities for capital improvements to career and technical education centers and regions.
Economic Development
LD 814, An Act To Strengthen Maine's Economy through Research and Innovation led by the University of Maine System. (Sen. Herbig, D-Waldo) Joint Standing Committee on Education and Cultural Affairs. This bill is a concept draft pursuant to Joint Rule 208. This bill would provide funding and enact measures based on recommendations of the President of the University of Maine at Machias in a strategic plan chartered by the Chancellor of the University of Maine System and due to the Board of Trustees of the University of Maine System in March 2019. The bill would strengthen research and economic development efforts across the University of Maine System to support Maine industries and workforce development and to foster business formation and expansion, specifically in the 7 research and development sectors designated in statute: advanced technology for agriculture and forestry; aquaculture and marine technology; biotechnology; composite materials technology; environmental technology; information technology; and precision manufacturing technology.
LD 859, An Act To Authorize a General Fund Bond Issue To Fund Equipment for Career and Technical Education Centers and Regions. (Rep. R. Fecteau, D-Biddeford) Joint Standing Committee on Education and Cultural Affairs. The funds provided by this bond issue, in the amount of $40,000,000, will be used to provide funds to make capital improvements to and purchase equipment for career and technical education centers and regions for high school students.
LD 860, An Act To Establish the Maine Community College System No-cost Tuition Program. (Rep. Brennan, D-Portland) Joint Standing Committee on Education and Cultural Affairs. This bill establishes the Maine Community College System No-cost Tuition Program. Under the program, Maine residents who are determined to be eligible students and who are enrolled in an eligible course of study at a college within the Maine Community College System are eligible for a grant to cover the cost of tuition and mandatory fees, less any federal financial aid or other financial assistance that the student receives that is not required to be repaid. The Maine Community College System must include in its biennial budget for presentation to the Governor and the Legislature the estimated full funding for the Maine Community College System No-cost Tuition Program.
Education
LD 149, An Act To Authorize a General Fund Bond Issue To Provide Student Debt Forgiveness To Support Workforce Attraction and Retention. (Sen. Libby, D-Androscoggin) Joint Standing Committee on Innovation, Development, Economic Advancement and Commerce. 1. Requires a General Fund bond obligation in the amount of $250,000,000 for a program administered by the Finance Authority of Maine to provide funds for payment of student loan debt for individuals who agree to live and work in Maine for 5 years and to reimburse employers that make student loan debt payments on behalf of their employees who agree to live and work in Maine for 5 years; and 2. Establishes the Maine Student Loan Debt Relief Program and the Maine Student Loan Debt Relief Fund and requires the Finance Authority of Maine to adopt major substantive rules to implement the program and submit the rules to the Second Regular Session of the 129th Legislature
LD 359, An Act To Address Student Hunger with a "Breakfast after the Bell" Program. (Sen. Moore, R-Washington) Joint Standing Committee on Education and Cultural Affairs. This bill requires a school administrative unit with a public school in which at least 50% of students qualified for a free or reduced-price lunch during the preceding school year to operate an alternative breakfast delivery service that provides breakfast after the start of the school day for students at that public school. It also provides a process for a school administrative unit to opt out of the alternative breakfast delivery service. This bill requires the Department of Education to adopt rules to develop an application process and to adopt standards to address evaluation criteria based on need for funding assistance for alternative breakfast delivery services in school administrative units. It also requires the department to develop a means to track health and academic outcomes of students and schools that participate in alternative breakfast delivery services.
LD 427, An Act To Require the State To Fund Teacher Retirement. (Rep. Brennan, D-Portland) Joint Standing Committee on Education and Cultural Affairs. This bill changes the method for funding teacher retirement costs. It repeals those provisions of law enacted pursuant to Public Law 2013, chapter 368 that require school administrative units and private schools to pay a portion of the costs for teacher retirement.
LD 502, An Act To Establish the Summer Success Program Fund. (Rep. Pierce, D-Falmouth) Joint Standing Committee on Education and Cultural Affairs. This bill establishes the Summer Success Program Fund, a dedicated fund to be directed and administered by the Commissioner of Education and held by the Treasurer of State, to encourage the facilitation of high-quality summer success programs in school administrative units throughout the State. The bill accomplishes the following.
1. It provides that money paid into the fund may include General Fund appropriations, as well as grants, gifts and other money from any unit of federal, state or local government or from any person, firm, partnership or corporation for deposit to the fund, money received from a social impact bond and interest, dividends and other pecuniary gains. It requires that school administrative units ensure that grants provided from the fund for expanding access to summer success programs supplement and not supplant federal funding.
2. It requires the commissioner to administer the fund within the Department of Education and to establish standards and approval for the allocation and use of fundmoney for summer success programs offered at elementary and secondary schools in the State. It also allows the commissioner to include the following in the standards:
A. Guidelines similar to the federal 21st Century Community Learning Centers program to close the achievement gap between high-performing and low-performing students;
B. Effective models of summer success programs that involve networking and partnerships with community-based organizations that provide a range of high-quality services to support student learning and development; and
C. Implementation of the formative and summative assessment methods to measure student achievement in order to monitor the progress of students participating in summer success programs.
3. It provides that, beginning in fiscal year 2020-21, the department is required to provide grant funding, through a grant application process, to cover 90% of the costs of summer success programs in school administrative units with greater than 50% student participation in the federal free and reduced-price lunch program.
4. It adds the fund to the enhancing student performance and opportunity provisions of the Essential Programs and Services Funding Act. 5. It requires the commissioner to submit a report to the Joint Standing Committee on Education and Cultural Affairs by December 15, 2019 that outlines the proposed rules to implement the fund by the 2020-2021 school year.
LD 509, An Act To Increase the Minimum Grant Amount under the Maine State Grant Program. (Rep. Pierce, D-Falmouth) Joint Standing Committee on Education and Cultural Affairs. This bill provides that the minimum grant amount under the Maine State Grant Program may not be less than $2,500 if sufficient funds are appropriated for this purpose, subject to the current grant amount modifications under the program.
LD 512, Resolve, To Create the Task Force To Study and Plan for the Implementation of Maine's Early Childhood Special Education Services. Emergency (Rep. Farnsworth, D-Portland) Joint Standing Committee on Education and Cultural Affairs. This resolve establishes the Task Force To Study and Plan for the Implementation of Maine's Early Childhood Special Education Services to examine the national trends and relevant models of governing and delivering early childhood special education systems and the short-term and long-term costs and benefits to the Department of Education's proposed plan to restructure the Child Development Services System and to make recommendations for an early childhood special education services program plan.
LD 647, An Act To Attract, Educate and Retain New State Residents To Strengthen the Workforce. (Rep. Cloutier, D-Lewiston) Joint Standing Committee on Education and Cultural Affairs. This bill creates various programs to provide education, services and training for the State's workforce immigrant populations in the following ways: 1. It establishes the Welcome Center Initiative to operate welcome centers in adult education programs to provide education, services and training for foreign-trained workers in municipalities or regions of the State that have immigrant populations or that have industries that are experiencing a shortage of trained workers, patterned after the New Mainers Resource Center operated by the City of Portland adult education program through a pilot program created by the 126th Legislature. The bill provides funds for grants for proposed welcome centers;
GENERAL FUND 2019-20 2020-21
All Other $150,000 $150,000
GENERAL FUND TOTAL $150,000 $150,000
GENERAL FUND 2019-20 2020-21
All Other $400,000 $400,000
GENERAL FUND TOTAL $400,000 $400,000
EDUCATION, DEPARTMENT OF
DEPARTMENT TOTALS 2019-20 2020-21
GENERAL FUND $1,500,000 $1,500,000
DEPARTMENT TOTAL - ALL FUNDS $1,500,000 $1,500,000
2. It directs the Department of Education's office of adult education and family literacy to: A. Administer a vocation-specific English language acquisition and workforce training program for immigrants in the State and establish a statewide competitive grant process to carry out the purposes of the program; B. Establish and implement a local community planning support program to provide a planning process for communities to provide English language acquisition and training in vocational skills, identify employers or areas that would benefit from immigrant residency or employment and cultivate community support to integrate immigrants into the communities and local workforce. The office must establish a grant process to carry out the purposes of the program; and C. Develop and implement a grant process to award grants to adult education programs to increase English language acquisition instruction. The bill provides funding for the vocation-specific English language acquisition and workforce training program, the local community planning support program and grants to increase English language acquisition instruction; and 3. It directs the Department of Education to establish a welcome center under the Welcome Center Initiative within the City of Lewiston's adult education program to attract, educate and retain in employment foreign-trained workers, patterned after the New Mainers Resource Center in Portland, and provides funding for that purpose. It also provides ongoing funding for the New Mainers Resource Center in Portland.
LD 703, An Act To Help Maine Students Succeed. (Sen. Millett, D-Cumberland) Joint Standing Committee on Education and Cultural Affairs. This bill is a concept draft.
LD 712, An Act To Fully Fund After-school and Preschool Programs in the School Funding Formula, Increase the Economically Disadvantaged Student Factor in the School Funding Formula and Increase the School Construction Debt Service Limit. (Rep. Brennan, D-Portland) Joint Standing Committee on Education and Cultural Affairs. This bill amends the school funding formula to fund after-school programs based on the state share percentage and to fund public preschool programs at 50% of the cost of the programs, or if a school administrative unit's state share percentage is greater than 50%, to fund the unit's public preschool program at the state share percentage. The bill also increases the additional weight for economically disadvantaged students from 0.15 to 1.5. The bill also raises the maximum debt service limit for school construction projects from $126,000,000 to $150,000,000 beginning in 2020.
LD 772, An Act To Encourage Continued Learning. (Rep. Daughtry, D-Brunswick) Joint Standing Committee on Innovation, Development, Economic Advancement and Commerce. This bill is a concept draft pursuant to Joint Rule 208. This bill proposes to enact measures designed to encourage continued learning by Maine residents, including, but not limited to, creating incentives and implementing strategies to enable so-called stranded learners who have some college credit but no degree to complete degree and certificate programs and graduate from college.
LD 791, An Act To Provide School Districts with Full State Funding for Students with High-cost Special Education Needs. (Sen. Miramant, D-Knox) Joint Standing Committee on Education and Cultural Affairs. This bill requires the State, beginning July 1, 2020, to provide a school administrative unit 100% of the funding needed for high-cost special education students.
LD 882, Resolve, To Require the Examination of the System of Learning Results. (Rep. Sampson, R-Alfred) Joint Standing Committee on Education and Cultural Affairs. This resolve directs the Department of Education to convene a working group to study the system of learning results and to submit a report by December 4, 2019 to the Joint Standing Committee on Education and Cultural Affairs, which may submit legislation to the Second Regular Session of the 129th Legislature.
LD 1584, An Act To Attract, Build and Retain an Early Childhood Education Workforce through Increased Training, Education and Career Pathways. (Rep. Fecteau, D-Biddeford) Joint Standing Committee on Education and Cultural Affairs. This bill requires the Commissioner of Health and Human Services, the Commissioner of Education and the Commissioner of Labor jointly to develop and implement an early childhood educators workforce support program to recruit and retain early childhood educators working with children up to 5 years of age. Components of the program include:
1. Expansion of educational programs at career and technical education centers and financial support of those programs;
2. Comprehensive scholarships for persons taking classes toward the attainment of an early childhood education credential or an associate or bachelor's degree that allow the persons to graduate without student debt as long as the persons agree to work for a year with an approved employer;
3. An increased number of apprenticeships; and
4. Salary supplements awarded to individuals who provide child care or who are early childhood educators. The amount of the supplement is based on the level of education and experience of the individual and other factors.
This bill also provides funding to carry out the program.
LD 1606, An Act To Increase Funding for Career and Technical Education Programs. (Sen. Dill, D-Penobscot) Joint Standing Committee on Education and Cultural Affairs. This bill provides an additional $1,500,000 per year for the cost of career and technical education pursuant to the Maine Revised Statutes, Title 20-A, section 15688-A, subsection 1. This bill also removes the so-called hold harmless provision that limits the amount of any decrease or increase in the total allocation for a career and technical education center or career and technical education region, effective January 1, 2020.
LD 1607, An Act To Create the Department of Early Care and Learning. (Sen. Millett, D-Cumberland) Joint Standing Committee on Education and Cultural Affairs. This bill is a concept draft pursuant to Joint Rule 208. This bill proposes to create the Department of Early Care and Learning as a cabinet-level state agency within the executive branch of State Government. The department would assume primary responsibility for matters regarding children under 6 years of age in the State, including the care, health care and education of the children that are now the responsibility of the Department of Health and Human Services and the Department of Education. The major components of the bill are as follows.
1. Definitions. As used in this bill, unless the context otherwise indicates, the following terms have the following meanings.
A. "Board" means the Board of Early Care and Learning.
B. "Commissioner" means the Commissioner of Early Care and Learning.
C. "Department" means the Department of Early Care and Learning.
D. "Early care and education" means programs and services relating to high-quality care, health care and education of children under 6 years of age.
2. Department; commissioner. The department is created as a department of the executive branch of State Government and a separate budget unit that has the duties, responsibilities, functions, powers and authority accorded to state agencies under state law. The department is administered by a commissioner who is the chief administrative and executive officer of the department required by law to be appointed by the Governor and confirmed by the Senate and reports directly to the Governor. The commissioner is responsible for the performance and exercise of the duties, responsibilities, powers, functions and authority of the department. The commissioner has the power to distribute the functions and duties given to the commissioner among the various units of the department to integrate the work properly and to promote the most economical and efficient administration of the department. The powers and duties given to the commissioner or the department are assumed and carried out by the units that the commissioner designates and may in turn be delegated to subordinates by those unit directors with the approval of the commissioner.
3. Programs and services of department. The department is directed to provide children and families with programs and services to assist the children and families in meeting essential needs, including:
A. Head Start and child care services;
B. Maternal and child health services, including home visiting programs;
C. Prekindergarten programs and services;
D. Child care services licensing, subsidies and quality control management;
E. Preschool special education under Part B of the federal Individuals with Disabilities Education Act; and,
F. Early intervention services for infants and toddlers under Part C of the federal Individuals with Disabilities Education Act.
4. Duties and responsibilities of department. The department has the following duties and responsibilities:
A. Administering programs and services necessary for the operation and management of voluntary prekindergarten;
B. Administering programs and services necessary for the operation and management of preschool and child development programs, including Head Start and child care regulation;
C. Acting as the agent of the Federal Government to ensure that state programs and services conform with federal requirements and to administer federal funds granted to the State to assist in the activities of the department;
D. Assisting local units of administration in the State to ensure the availability of the programs and services provided by the department;
E. Regulating early care and learning programs, including licensing and inspecting the programs to ensure adherence to state law and department rules;
F. Performing functions relating to improvement in the quality, availability and affordability of child care in the State;
G. Serving as the Head Start state collaboration office;
H. Administering the licensure and regulation of day care centers, group day care homes and family day care homes;
I. Providing consultation and making recommendations concerning the establishment and implementation of early care and learning services and programs;
J. Reporting and making recommendations to the Governor and the Legislature as required by law or as determined necessary by the commissioner;
K. Performing any other duties, responsibilities or functions agreed upon between the department and the Department of Health and Human Services; and,
L. Performing any other duties, responsibilities or functions agreed upon between the department and the Department of Education.
5. Powers of department. The department has the following powers:
A. Adopting rules and procedures to carry out department duties and responsibilities;
B. Contracting for services;
C. Hiring or assigning employees and staff;
D. Applying for and accepting from any other agency of government, person, group or corporation any funds that may be available to carry out the duties and responsibilities of the department;
E. In an adjudicatory proceeding conducted by the department, issuing subpoenas to require the attendance and testimony of witnesses and the production of evidence or discovery relating to an issue of fact in the proceeding and designating employees of the department to issue such subpoenas;
F. Suing and being sued; and,
G. Performing any legal act relating to the care, health care or education of children under 6 years of age in the State.
6. Board of Early Care and Learning. The Board of Early Care and Learning is established within the department to assist the department and commissioner in carrying out the duties and responsibilities of the department.
A. The board consists of 9 members, including:
(1) The Commissioner of Health and Human Services as an ex officio member;
(2) The Commissioner of Education as an ex officio member;
(3) The Chancellor of the University of Maine System as an ex officio member;
(4) A representative of the business community with a demonstrated commitment to education, appointed by the Governor;
(5) An early care and education teacher selected from a list of 3 nominees provided by the Maine Education Association, appointed by the Governor;
(6) A parent or legal guardian of a child under 6 years of age receiving early care and education services or services from a family child care provider, appointed by the Governor;
(7) A person representing a provider of early care and education services who has practical experience in the management and administration of early care and education services, appointed by the Governor;
(8) A person with expertise in the evaluation and assessment of successful preschool education programs, appointed by the Governor; and,
(9) A pediatrician with a focus on child development or a person who is nationally recognized for research in the field of educational psychology, appointed by the Governor.
In making appointments, the Governor is directed to seek to appoint members who are from geographically diverse regions of the State, who are familiar with the differing interests, perspectives and needs of urban, rural and suburban regions and who reflect the ethnic and racial diversity of the children of the State. Each member chosen must have a demonstrated interest in and commitment to early care and learning.
In appointing members to initial terms, the Governor is directed to designate 3 members for 5-year terms and 3 members for 4-year terms. Subsequent appointments must be for 5-year terms. An appointed member may not serve more than 3 consecutive 5-year terms. A member serves until the member's successor is appointed.
The board elects a chair from the board's membership and other officers that the board considers necessary. A quorum consists of 5 members, and a quorum is necessary for the board to conduct business. The board is directed to adopt bylaws to govern the conduct of the board's activities. Appointed members of the board receive per diem and reimbursement of expenses in conformity with the rates and allowances determined for members of other state boards who receive per diem and reimbursement of expenses.
B. The purposes of the board include:
(1) Consolidating and coordinating resources and public funding for early care and learning to ensure the sound and coordinated development of related programs and services;
(2) Ensuring that parents of children under 6 years of age have a decisive role in the planning, operation and evaluation of programs and services that aid families in the care of children under 6 years of age;
(3) Providing consumer education and accessibility to early care and learning resources for all communities in the State;
(4) Advancing the quality of early care and learning to support the healthy development of and preparation for success in school for children;
(5) Developing a seamless delivery system of early care and learning administered by federal, state and local agencies and providers through local points of entry;
(6) Developing and managing effective data collection to support necessary functions of and accurately evaluate a coordinated early child care and learning distribution system; and,
(7) Reviewing and making recommendations regarding the budget of the department.
C. The duties and responsibilities of the board include:
(1) Developing and overseeing the management of:
(a) The administration of a high-quality system of public and private early care and learning;
(b) Subject to available funding, the implementation of a program of voluntary and universally accepted high-quality early childhood education for all preschool-age children in the State;
(c) A kindergarten readiness assessment for preschool-age children and a comprehensive evaluation of early care and learning, including the establishment of baseline data to inform the design and implementation of a universally accessible, high-quality early care and learning program for all preschool-age children in the State; and,
(d) A workforce development system designed to support the education, training and compensation of the early care and learning workforce, including all family child care, infant, toddler, preschool and school-age children program and services centers and providers; and,
(2) Reporting biannually to the Governor, the Secretary of the Senate, the Clerk of the House of Representatives, the joint standing committee of the Legislature having jurisdiction over health and human services matters and the joint standing committee of the Legislature having jurisdiction over education matters on the board's and the department's activities, progress in achieving goals and implementing programs of the department and progress in the State regarding moving toward a system of universal early care and learning for preschool children 3 to 5 years of age.
7. Assistance and coordination. All other state departments, agencies, officers and employees are directed upon the request of the commissioner or board and to the extent permissible by law to make available department and agency services, resources, personnel and facilities to ensure the most effective coordination and use of state resources, personnel and facilities for the benefit of families and children under 6 years of age and to assist the department in carrying out the department's duties and responsibilities.
8. Transition. By October 1, 2020, the transition regarding the reassignment of the duties and responsibilities of the Department of Health and Human Services and Department of Education to the department takes effect in the following ways.
A. All references to, responsibilities of and authority conferred upon the Department of Health and Human Services and the Department of Education and the predecessors of those departments regarding the powers, duties, responsibilities, programs, services and functions assigned to the department are deemed to refer to and vest in the department. The department is the successor in every way to the powers, duties, responsibilities, programs, services and functions assigned to the Department of Health and Human Services and the Department of Education as the powers, duties, responsibilities, programs, services and functions pertain to the powers, duties, responsibilities, programs, services and functions assumed by the department.
B. All accrued expenditures, assets, liabilities, balances of appropriations, allocations, transfers, revenues or other available funds in an account or subdivision of an account of the Department of Health and Human Services or the Department of Education that pertain to the powers, duties, responsibilities, programs, services and functions assumed by the department are transferred in the transition to the proper accounts of the department by the State Controller or by financial order upon the request of the State Budget Officer and with the approval of the Governor.
C. All rules of the Department of Health and Human Services and the Department of Education, as they pertain to the duties of the department, that are in effect on the effective date of the transition remain in effect until rescinded, revised or amended.
D. All contracts, agreements and compacts of the Department of Health and Human Services and the Department of Education, as they pertain to the powers, duties, responsibilities, programs, services and functions of the department, that are in effect on the effective date of the transition remain in effect until the contracts, agreements and compacts expire or are altered by the parties involved in the contracts, agreements or compacts.
E. All records of the Department of Health and Human Services and the Department of Education as they pertain to the powers, duties, responsibilities, programs, services and functions of the department are transferred to the department as necessary to implement the transition.
F. All employees and positions of the Department of Health and Human Services and the Department of Education necessary to carry out the powers, duties, responsibilities, programs, services and functions of the department are transferred to the department.
G. All office equipment, furniture and other property or assets of the Department of Health and Human Services and the Department of Education that are used or held exclusively or principally by personnel transferred under paragraph F are transferred to the department.
H. All transfers of employees and assets from the Department of Health and Human Services and the Department of Education to the department are subject to the approval of the commissioner, and a transfer of an employee or asset may not occur if the commissioner determines that the employee or asset should remain with the transferring department.
I. Employees of the department who were employees of the Department of Health and Human Services or the Department of Education immediately prior to the effective date of the transition retain all employee rights, privileges and benefits, including sick leave, vacation and seniority, provided under the Civil Service Law or collective bargaining agreements. The Department of Administrative and Financial Services, Bureau of Human Resources is directed to assist the affected departments with the orderly implementation of the transition under this paragraph.
J. The Department of Administrative and Financial Services, Bureau of the Budget is directed to work with the employees of the Department of Health and Human Services and the Department of Education with regard to the powers, duties, responsibilities, programs, services and functions transferred to the department to develop the budget for the department.
LD 1760, An Act To Support Children's Healthy Development and School Readiness. (Senate President Jackson, D-Aroostook) Joint Standing Committee on Health and Human Services. This bill creates the First 4 ME Early Care and Education Program under the Department of Health and Human Services to provide comprehensive, high-quality early child care and education services for at-risk children under 6 years of age who have not entered kindergarten and the children's parents by funding projects that integrate comprehensive resources and services with traditional center-based and family child care settings. The projects are sponsored by coalitions of stakeholders, providers and other community members within the communities that the projects serve. Each project is led and coordinated by a community contractor who staffs the project's operations and contracts with community providers to provide health care, education or parenting services, which may include services provided in a licensed child care center or by a licensed family child care provider, in a home visit or by an individual providing services to a family member within the individual's or family member's residence. The community contractor employs or contracts with community coaches who train and provide support to community providers. This bill also directs the department to request proposals for up to 10 pilot projects to implement the program and to report to the Legislature on the progress of the pilot projects toward the objectives, goals and intended outcomes of the projects in 2024.
LD 1916, An Act To Increase High School Graduation Rates for Students Experiencing Homelessness or in Foster Care. (Sen. Libby, D-Lewiston) Joint Standing Committee on Education and Cultural Affairs. This bill does the following.
1. It amends the process for applying for a Department of Education diploma by requiring that the responsible school apply on behalf of a student who has experienced one or more education disruptions on request. The student's parent or guardian or a student who is over 18 years of age may still apply directly to the Department of Education, and the school must assist the student in the application process.
2. It provides that the Commissioner of Education must award a Department of Education diploma to a student who has experienced homelessness or has been in foster care who meets certain criteria and may not require that student to provide additional information or be interviewed.
3. It provides that a secondary school must award a diploma to a student who has experienced homelessness or foster care placement if the student meets specified criteria.
4. It provides that the responsible school for a student whose education disruption is due to multiple transfers or homelessness or foster care placement must compile for the student partial and full credits received by the student to date, provide priority enrollment in classes in which the student has received partial credit and immediately enroll the student in classes or programs to close gaps between the compilation of credits by the student and the credits typically earned by the student's peers.
5. It requires the responsible school to provide an adult mentor to students who experience education disruption due to homelessness or foster care placement to facilitate transition into the school.
6. It requires that if the responsible school determines that a student who experiences education disruption will not be able to graduate by the end of the student's 4th year of secondary school, the responsible school must provide the student information regarding a Department of Education diploma and apply on behalf of the student or assist the student in making the application.
LD 1999, An Act To Amend the Maine Education Savings Program. (Sen. Herbig, D-Waldo) Joint Standing Committee on Education and Cultural Affairs. This bill amends the Maine Education Savings Program by making permissive rather than mandatory the investment of fund dollars by the Finance Authority of Maine in state-based financial institutions.
LD 2014, An Act To Amend the Laws Governing the Maine State Grant Program. (Rep. Daughtry, D-Brunswick) Joint Standing Committee on Education and Cultural Affairs. This bill allows an adult learner benefiting from a grant under the Maine State Grant Program to receive up to 12 semesters' worth of grant funding.
LD 2022, An Act To Provide Funding for Capital Improvements and Equipment for Career and Technical Education Centers and Regions. (Sen. Herbig, D-Waldo) Joint Standing Committee on Education and Cultural Affairs. This bill authorizes the Commissioner of Education to expend and disburse funds to career and technical education centers and career and technical education regions to make capital improvements and to purchase equipment that has a useful life of at least 5 years and provides a one-time General Fund appropriation of $4,000,000 in fiscal year 2020-21 for that purpose.
LD 2072, Resolve, Regarding Legislative Review of Portions of Chapter 132: Learning Results: Parameters for Essential Instruction, a Major Substantive Rule of the Department of Education. (Rep. Kornfield, D-Bangor) Joint Standing Committee on Education and Cultural Affairs. This resolve provides for legislative review of portions of Chapter 132: Learning Results: Parameters for Essential Instruction, a major substantive rule of the Department of Education.
Environmental
LD 16, An Act To Authorize a General Fund Bond Issue To Invest in Infrastructure To Address Sea Level Rise. (Rep. Brennan, D-Brennan) Joint Standing Committee on Appropriations and Financial Affairs. The funds provided by this bond issue, in the amount of $50,000,000, will be used to improve waterfront and coastal infrastructure in municipalities to address sea level rise.
LD 102, An Act To Improve the Manufacturing of Plastic Bottles and Bottle Caps. (Rep. Doudera, D-Camden) Joint Standing Committee on Environment and Natural Resources. This bill prohibits, beginning January 1, 2020, a manufacturer from selling, offering for sale or distributing for sale in the State a single-use plastic beverage container unless the container is composed of at least 15% postconsumer recycled plastic. Beginning January 1, 2022, this threshold for the percentage of postconsumer recycled plastic in single-use plastic beverage containers increases to 20% and, beginning January 1, 2024, the threshold increases to 25%.
The bill also prohibits, beginning January 1, 2020, a manufacturer from selling, offering for sale or distributing for sale in the State a single-use plastic beverage container with a plastic beverage cap unless the cap is composed of the same plastic as the beverage container and the cap is tethered to the container in a manner that prevents the separation of the cap from the container when the cap is removed or the cap includes an opening from which the beverage can be consumed while the cap remains screwed onto or otherwise affixed to the container.
LD 327, An Act To Revise Maine's Environmental Laws. (Rep. Tucker, D-Brunswick) Joint Standing Committee on Environment and Natural Resources. This bill is a concept draft pursuant to Joint Rule 208.
This bill proposes to revise laws governing environmental protection.
LD 401, An Act To Preserve State Landfill Capacity and Promote Recycling. (Rep. Tipping, D-Orono) Joint Standing Committee on Environment and Natural Resources. This bill proposes to enact measures to ensure accurate tracking of the origin and type of waste materials disposed of in Maine, to discourage landfilling of recyclable materials, to preserve landfill capacity at state-owned facilities for Maine-generated materials, and to ensure the rights of host communities and abutters of waste disposal facilities. In order to achieve these goals, the bill proposes to:
1. Ensure there is accurate tracking and record keeping identifying the origin, amounts and types of materials disposed in waste facilities in the State;
2. Ensure waste is effectively tracked from generation point through processing to final disposal point, including the following types of facilities and disposal sites where tracking is required: landfills; landfill leachate discharge sites; incinerator ash and slag disposal sites; and biosolids disposal sites;
3. Ensure that waste materials imported from outside the State that are processed at facilities in the State are not classified as Maine-generated waste;
4. Ensure that waste materials that end up in a landfill, such as construction and demolition debris, which are used for daily cover in a landfill, are not counted toward the State's recycling goals;
5. Ensure adequate legal standing and strengthen protections for the health and well-being of people living in close proximity to waste disposal facilities;
6. Strengthen conflict-of-interest protections in awarding and management and oversight of state waste contracts to prevent price fixing and market manipulation; and,
7. Direct the Department of Environmental Protection to amend rule Chapter 400, Maine Solid Waste Management Rules to:
A. Amend the definition of "bypass" to limit the waste that is considered bypass to solid waste that cannot be disposed of, processed or beneficially used at that facility because of malfunction, insufficient capacity, downtime or inability of the facility to process or burn;
B. Amend the definition of "recycle" and "recycling" to add a provision that any material left at a landfill is not considered recycled; and,
C. Define "Maine-generated waste" as solid waste that is discarded for the first time within the physical confines of the State.
LD 1224, An Act To Authorize General Fund Bond Issues To Address Changes in Sea Level, Geospatial Data Acquisition by Communities and the Increase in Ocean Acidity. (Rep. Devin, D-Newcastle) Joint Standing Committee on Appropriations and Financial Affairs. This bill authorizes the issuance of bonds.
1. Part A of this bill authorizes the issuance of bonds, in the amount of $5,000,000, to be used to support improvements to sea level prediction models by providing more detailed mapping of coastal zones and monitoring sea level changes in order to mitigate the impact of and help prepare for rising sea levels.
2. Part B of this bill authorizes the issuance of bonds, in the amount of $6,000,000, to be used to provide partnership funds and matching grants for geospatial data acquisition to communities that are creating or improving digital parcel maps to accurately identify existing boundaries and land use, identify potential community development areas and protect environmental resources.
3. Part C of this bill authorizes the issuance of bonds, in the amount of $3,000,000, to be used to collect data, monitor waterways and perform tests related to the known increasing ocean acidity along the Maine coast and its impact on natural wildlife and commercially important species in Maine waters, such as lobsters and clams.
Health Care
LD 51, An Act To Implement the Recommendations of the Task Force on Health Care Coverage for All of Maine. (Sen. Sanborn, D-Cumberland) Joint Standing Committee on Health Coverage, Insurance and Financial Services. A concept draft, this bill proposes to implement the recommendations of the Task Force on Health Care Coverage for All of Maine.
LD 1085, An Act To Ensure That Maine Residents Have Adequate and Affordable Access to Health Care. (Sen. Sanborn, D-Cumberland) Joint Standing Committee on Health Coverage, Insurance and Financial Services. A concept draft, this bill proposes to ensure that consumer protections in health insurance are maintained under state law.
LD 1611, An Act To Support Universal Health Care. (Rep. Brooks, D-Lewiston) Joint Standing Committee on Health Coverage, Insurance and Financial Services. This bill establishes the Maine Health Plan to provide universal health care coverage to all residents of this State. The bill is modeled on proposed legislation considered in Minnesota.
LD 1617, An Act To Create a Single-payer Health Care Program in Maine. (Rep. Sylvester, D-Portland) Joint Standing Committee on Health Coverage, Insurance and Financial Services. This bill establishes a single-payer health care program in the State that provides health care services for Maine residents. The bill directs the Department of Health and Human Services to consult with the Department of Labor and the Department of Professional and Financial Regulation, Bureau of Insurance to develop the program. The bill requires the State to implement the program in 3 phases, based on income, beginning in 2022 for those residents not eligible for the MaineCare program. The bill also creates the Single-payer Implementation Task Force to advise the departments and make recommendations to fully implement the single-payer health care program. The program may not be implemented in 2022 without prior legislative approval.
LD 1975, An Act To Facilitate Dental Treatment for Children. (Sen. Sanborn, D-Cumberland) Joint Standing Committee on Health Coverage, Insurance and Financial Services. This bill prohibits a health insurance carrier from imposing a waiting period for any dental or oral health service or treatment, except for orthodontic treatment, for an enrollee under 19 years of age.
LD 2007, An Act To Enact the Made for Maine Health Coverage Act and Improve Health Choices in Maine. (Speaker Gideon, D-Freeport) Joint Standing Committee on Health Coverage, Insurance and Financial Services. This bill:
1. Establishes the Made for Maine Health Coverage Act;
2. Establishes the Maine Health Insurance Marketplace Trust Fund;
3. Authorizes the State to enter into state-federal health coverage partnerships that support the availability of affordable health coverage;
4. Establishes a pooled market for individual health plans and small group health plans and changes reinsurance to be retrospective and applied to the pooled market; and
5. Creates clear choice design for cost sharing and requires coverage of certain primary care and behavioral health visits without the application of any deductible.
LD 2095, An Act To Require Appropriate Coverage of and Cost-sharing for Generic Drugs and Biosimilars. (President Jackson, D-Aroostook) Joint Standing Committee on Health Coverage, Insurance and Financial Services. This bill establishes requirements for the coverage of and cost-sharing for generic drugs, biosimilars and branded pharmaceuticals when dispensed by pharmacies as outpatient prescription drugs under health plans offered by carriers that provide coverage for prescription drugs.
LD 2096, An Act To Save Lives by Capping the Out-of-pocket Cost of Certain Medications. (Speaker Gideon, D-Freeport) Joint Standing Committee on Health Coverage, Insurance and Financial Services. This bill provides that a health insurance carrier that provides coverage for prescription insulin drugs may not impose a cost-sharing requirement on the enrollee that results in out-of-pocket costs to the enrollee in excess of $100 per 30-day supply of insulin.
LD 2105, An Act To Protect Consumers from Surprise Emergency Medical Bills. (Speaker Gideon, D-Freeprt) Joint Standing Committee on Health Coverage, Insurance and Financial Services. This bill amends the law providing consumer protection for surprise medical bills to include surprise bills for emergency services. In the event of a dispute with respect to a surprise medical bill, the bill directs the Superintendent of Insurance to develop an independent dispute resolution process to determine a reasonable payment for health care services.
LD 2106, An Act Regarding Prior Authorizations for Prescription Drugs. (Sen. Gratwick, D-Penobscot) Joint Standing Committee on Health Coverage, Insurance and Financial Services. This bill makes the following changes.
1. It adds a definition of "prior authorization" and clarifies the definitions of "medically necessary health care" and "participating provider" used in the Maine Insurance Code, chapter 56-A.
2. It sets forth additional requirements for carriers to facilitate the processing of prior authorization requests for prescription drugs by providers.
Judiciary
LD 1294, Resolve, Directing the Maine Human Rights Commission To Implement a Pilot Program To Investigate and Report on Incidents of Harassment Due to Housing Status, Lack of Employment and Other Issues. (Rep. Talbot Ross, D-Portland) Joint Standing Committee on Judiciary. This resolve directs the Maine Human Rights Commission to create a 2-year pilot program to receive, review and investigate incidents and complaints of harassment due to a person's lack of employment or housing status and other reports of interference with a person's access to public accommodations. In carrying out the pilot program, the commission must investigate and respond to incidents and complaints of harassment as set out in the Maine Revised Statutes, Title 5, sections 4611 and 4612. The commission is authorized to use any of its powers under Title 5, section 4566 to carry out the pilot program and may limit its scope. The commission is authorized to establish an advisory board to document and evaluate complaints and to advise the commission as to which incidents and complaints should be acted on and possible solutions. The commission is directed to produce an interim report for submission to the Joint Standing Committee on Judiciary by September 15, 2020 and a final report to the joint standing committee of the Legislature having jurisdiction over judiciary matters by September 15, 2021. The reports are authorized to contain recommendations on changes to the program or for its continuation as well as proposed legislation to carry out any recommendations.
LD 1703, An Act To Improve Consistency within the Maine Human Rights Act. (Rep. Bailey, D-Saco, for the Maine Human Rights Commission) Joint Standing Committee on Judiciary. The purpose of this bill is to address inconsistencies in the protections provided in different areas of jurisdiction under the Maine Human Rights Act. The bill provides more inclusive protection by:
1. Including adult family members dependent for care in the definition of "familial status;"
2. Including familial status as a protected class in employment;
3. Including age as a protected class in public accommodations;
4. Providing that public entities cannot discriminate on the basis of protected class; and,
5. Clarifying the scope of the Maine Human Rights Act application in education.
The bill also clarifies the protections provided to pregnant persons in employment and that the sexual orientation provisions already in the Maine Human Rights Act extend to gender identity.
Labor
LD 402, An Act To Restore Overtime Protections for Maine Workers. (Rep. Tipping, D-Orono) Joint Standing Committee on Labor and Housing. This bill annually raises the minimum salary that an employee who works in an executive, administrative or professional capacity must earn in order for that employee to be exempt from the laws governing the minimum wage and overtime pay until it is $55,224 on January 1, 2022. The bill provides for an annual adjustment, beginning January 1, 2023, based on the percentage annual increase in certain earnings as published by the United States Department of Labor, Bureau of Labor Statistics.
LD 507, An Act To Amend the Laws Governing Employer Recovery of Overcompensation Paid to an Employee. (Rep. Doore, D-Augusta) Joint Standing Committee on Labor and Housing. This bill amends the definition of "overcompensation" by an employer to include compensation in the form of paid leave. It changes the maximum amount an employer can withhold from an employee's pay to recover overcompensation from 10% to 5%. It prohibits an employer from recovering more than the amount of overcompensation paid to an employee in the 3 years preceding the discovery of the overcompensation. The bill also specifies that the section of law regarding overcompensation by employers that includes these provisions does not limit or affect an employee's general civil remedies against an employer.
LD 857, An Act To Increase Accountability for Wage Violations. (Rep. Collings, D-Portland) Joint Standing Committee on Labor and Housing. This bill amends the law regarding employment practices by increasing the fine for a violation of certain state wage and benefits laws to $500 for the first violation and $2,500 for each subsequent violation and by providing a private right of action for a person aggrieved of such a violation. It amends the law regarding employees' remedies to provide that in a judgment for an employee an additional amount of 3 times the unpaid wages must be awarded the employee. It also provides ongoing funds for 10 labor and safety inspector positions within the Department of Labor, Bureau of Labor Standards, wage and hour division beginning October 1, 2019.
LD 1051, An Act To Create the Maine Family First Employer Program. (Sen. Herbig, D-Waldo) Joint Standing Committee on Labor and Housing. This bill creates the Maine Family First Employer Program under the Department of Labor to award employers that create family-friendly workplaces by providing, for all full-time employees, advancement and leadership opportunities; the same pay rates for similar work; stipends or assistance for child care; paid leave for the birth or adoption of a child and medical care for employees or family members of employees; flexible work accommodations for other family obligations; and health insurance and retirement plan options. The awards are presented by the Governor and come with a logo that a designated employer may use for promotional purposes.
LD 1410, An Act To Create Paid Family and Medical Leave Benefits. (Speaker Gideon, D-Freeport) Joint Standing Committee on Labor and Housing. This bill establishes a paid family and medical leave benefits program administered by the Department of Labor. The program provides up to 12 weeks of family leave and up to 20 weeks of medical leave to eligible covered individuals. No more than 20 weeks of family leave and medical leave in the aggregate may be taken in a 12-month period. An individual is eligible for leave under the program after working 26 weeks or more for any employer in the 12 months prior to submitting an application or if the individual is self-employed and has elected to be part of the program.
The maximum weekly benefit amount is capped at 100% of the state average weekly wage. The weekly benefit amount is 90% of the portion of the covered individual's average weekly wage that is equal to or less than 50% of the state average weekly wage and 67% of the portion of the covered individual's average weekly wage that is more than 50% of the state average weekly wage.
Covered individuals are required to file claims for benefits in accordance with rules adopted by the department and to provide certification that they qualify for family leave or medical leave.
This bill establishes the Family and Medical Leave Insurance Fund to support the program. The funds for administrative costs and payment of benefits will come from payroll contributions by employees.
The bill requires payroll contributions to begin January 1, 2021, and benefits will be paid out beginning January 1, 2022.
LD 1529, An Act Concerning Nondisclosure Agreements in Employment. (Rep. Harnett, D-Gardiner) Joint Standing Committee on Labor and Housing. This bill prohibits employers from requiring agreements that prevent an employee or prospective employee from disclosing or discussing discrimination, including harassment, occurring between employees or between an employer and an employee.
The bill prohibits settlement agreements, unless requested by the employee, prospective employee or former employee, from including a provision that prevents the disclosure of factual information relating to a claim of discrimination, including harassment. Agreements may not explicitly or implicitly limit an individual's ability to provide testimony or evidence, file claims or make reports to any federal or state agency that enforces employment or discrimination laws, including, but not limited to, the Maine Human Rights Commission and the Department of Labor.
An employee, prospective employee or former employee is not liable for damages for breaching a prohibited nondisclosure agreement or a settlement agreement.
LD 1639, An Act To Require Comprehensive Responsible Contracting Practices for Public Construction Projects. (President Jackson, D-Aroostook) Joint Standing Committee on Labor and Housing. Part A, for the purpose of ensuring that the work on public construction contracts is performed by responsible, qualified contractors that maintain the capacity, expertise, personnel and other qualifications and resources necessary to successfully perform public contracts in a timely, reliable and cost-effective manner, establishes responsible contractor requirements for publicly funded construction projects that receive state funds. The Part outlines a responsible contractor certification process to be administered by the Department of Administrative and Financial Services, Bureau of General Services.
Part A also clarifies that, for the purpose of the law requiring fair minimum rate of wages and benefits on public works contracts, "public works" includes any construction projects funded all or in part with state funds. Part A also amends the method of determining the prevailing wage and benefits rate paid in the construction industry to require the Department of Labor, Bureau of Labor Standards to ascertain the applicable wage and benefits rates established in collective bargaining agreements in private construction and includes in benefits wages paid to apprentices in apprenticeship programs registered with the department.
Part B requires the Executive Director of the Workers' Compensation Board or the executive director's designee to immediately issue a stop-work order to an employer who fails to procure workers' compensation insurance coverage. It requires the executive director or the executive director's designee to issue a stop-work order to an employer if the executive director or the executive director's designee finds after a hearing that the employer knowingly misrepresented employees as independent contractors or provided false, incomplete or misleading information to an insurance company on the numbers of employees the employer has for the purpose of paying a lower payment.
Part C encourages the State to use project labor agreements for large-scale state-funded construction projects of $10,000,000 or more. A project labor agreement is a prehire collective bargaining agreement with one or more labor unions that establishes the terms and conditions of employment for a specific construction project.
Part D requires an employer with a public works contract with the State of $50,000 or more to provide to all employees who will be on the construction work site a safety training program that uses a curriculum approved by the United States Department of Labor, Occupational Safety and Health Administration and that is at least 10 hours in duration. Flaggers, security workers and certain other employees not considered to be on the work site are exempt from this requirement. A contractor that violates this safety training program requirement may be assessed a fine of up to $2,500 and an additional fine of $100 per employee for each day of noncompliance.
Part E provides that for public works construction contracts that involve funding from the Federal Government the prevailing wage requirements in state law apply unless the prevailing wage requirements that would otherwise apply under the federal Davis-Bacon Act would result in higher total wages under the contract. An exception is provided for funds received under the United States Housing Act of 1937 if the application of a state prevailing wage is expressly preempted by federal law.
LD 1693, An Act To Enhance Enforcement of Employment Laws. (President Jackson, D-Aroostook) Joint Standing Committee on Labor and Housing. This bill authorizes private persons, acting in the public interest, to enforce the laws governing employment practices and prohibiting unfair discrimination in the workplace.
Under this bill:
1. Private persons or whistleblowers, acting as relators, may bring public enforcement actions of employment laws on behalf of the State;
2. Civic organizations may assist aggrieved persons in reporting violations of employment laws; and
3. Persons who are injured by violations of employment laws are protected from retaliation.
LD 1965, An Act To Set a Minimum Wage for School Support Staff. (Rep. Collings, D-Portland) Joint Standing Committee on Labor and Housing. This bill establishes a minimum wage of $16.00 per hour for school support staff.
LD 2015, An Act To Provide for Leave from Work for Victims of Domestic Violence, Sexual Assault or Stalking. (Rep. Duaghtry, D-Brunswick) Joint Standing Committee on Labor and Housing. This bill allows an employee to take reasonable leave from work, with or without pay, including by reducing the employee's usual number of hours per work day or workweek:
1. To seek legal or law enforcement assistance or remedies to ensure the health and safety of the employee or employee's family members including, but not limited to, preparing for, or participating in, any civil or criminal legal proceeding related to or derived from domestic violence, sexual assault or stalking;
2. To seek treatment by a health care provider for physical or mental injuries caused by domestic violence, sexual assault or stalking or to attend to health care treatment for a victim who is the employee's family member;
3. To obtain, or assist a family member in obtaining, services from a domestic violence shelter, rape crisis center or other social services program for relief from domestic violence, sexual assault or stalking;
4. To obtain, or assist a family member in obtaining, mental health counseling related to an incident of domestic violence, sexual assault or stalking in which the employee or employee's family member was a victim; or
5. To participate in safety planning, temporarily or permanently relocate or take other actions to protect the employee or employee's family members from domestic violence, sexual assault or stalking.
LD 2087, An Act Relating to Fair Chance in Employment. (Rep. Talbot Ross, D-Portland) Joint Standing Committee on Labor and Housing. This bill prohibits an employer from requesting criminal history record information on an initial employee application form, subject to certain exceptions. An employer may inquire about a prospective employee's criminal history record information during an interview or once the prospective employee has been determined otherwise qualified for the position. The bill prohibits an employer from stating on an initial employee application form or advertisement or otherwise asserting that a person with a criminal history may not apply or will not be considered for a position, subject to certain exceptions. The bill provides that if an employer inquires about a prospective employee's criminal history record information, the prospective employee, if still eligible for the position under applicable federal or state law, must be afforded an opportunity to explain the information and the circumstances regarding any convictions, including post-conviction rehabilitation.
Taxation
LD 70, An Act to Support the Trades Through a Tax Credit for Apprenticeship. (Sen. Herbig, D-Waldo) Joint Standing Committee on Taxation. The bill would provide an employer,who employs an apprentice, with a tax credit of up to $2,500 or a partial tax credit depending on how long the apprentice is employed.
LD 71, An Act to Reinstate the Income Tax Deduction for Contributions to College Savings Accounta. (Sen. Guerin, R-Penobscot) Joint Standing Committee on Taxation. The bill would reinstate the income tax deduction for certain contributions to qualified tuition programs under Section 529 of the Internal Revenue Code up to $250 per beneficiary.
LD 73, An Act to Provide an Income Tax Credit for Certain Student Loan Repayments. (Sen. Pouliot, R-Kennebec) Joint Standing Committee on Taxation. The bill wouold provide an income tax credit for certain student loans made by the Finance Authority of Maine or administered by the Finance Authority of Maine.
LD 335, An Act to Require the State to Distribute 25% of Adult Use Marijuana Retail Sales and Excise Tax Revenue to Generating Municipalities. (Rep. Warren, D-Hallowell) Joint Standing Committee on Taxation. The bill does what the title suggests. It would distribute 25% of adult use marijuana retail sales tax to municipalities where the revenue was generated.
LD 403, An Act to Prevent Tax Haven Abuse. (Rep. Ryan Tipping, D-Orono) Joint Standing Committee on Taxation. The bill would require that corporations that file unitary tax returns in Maine to include income from other certain jurisdictions outside the US in net income when apportioning among tax jurisdictions.
LD 420, An Act to Amend the Maine Exclusion Amount in the Estate Tax. (Rep. Collings, D-Portland) Joint Standing Committee on Taxation. The bill would lower the exclusion amount for Maine estate tax from $5,400,000 to $2,000,000.
LD 607, An Act to Provide Equitable Taxation for the Food and Beverage Industry. (Sen. Guerin, R-Glenburn) Joint Standing Committee on Taxation. The bill would allow a deductiont from Maine individual and corporate taxable income for the federal tax credit allowed to an employer for the employer's share of federal social security taxes paid on the portion of the employee's tips that cause the employee's wages to exceed $5.15 per hour.
LD 609, An Act to Provide Municiapalities Additional Sales Tax Revenue from Lodging Sales. (Rep. Terry, D-Gorham) Joint Standing Committee on Taxation. This bill provides an incremental sales tax of 1% for those sales currently subject to the 9% sales tax on lodging. The incremental revenue, after reduction for administrative costs, is returned to the municipality or unorganized territory to which the revenue is attributable. The amount received may not be used to reduce any other state aid or revenue sharing to municipalities or the unorganized territory.
LD 611, An Act to Provide Supplemental Appropriations and Allocations for the Operations of State Government. (Rep. Jorgensen, D-Portland) Joint Standing Committee on Taxation. The bill is a concept draft that proposes to provide supplemental appropriations and allocations necessary for the operations of state government for the fiscal year ending June 30, 2019.
LD 625, An Act to Phase out the Insurance Premium Tax on Annuities. (Rep. Stanley, D-Medway) Joint Standing Committee on Taxation. The bill would phase out the insurance premium tax on annuity considerations over 4 years beginning in 2020.
LD 731, An Act to Amend the Maine Tax Laws. (Rep.Tipping, D-Orono) Joint Standing Committee on Taxation. The bill would propose the amend Maine's Tax Laws.
LD 903, An Act to Improve Corporate Tax Fairness by Amending the Rates Imposed on Corporate Income. (Rep. Cuddy, D-Winterport) Joint Standing Committee on Taxation. The bill would increase corporate income tax rates in Maine. The bill would establish 2 new tax brackets and 3 new rates for tax years beginning on or after January 1, 2020. Under the bill income between $2,000,000 and $3,000,000 would be taxes at a rate of 8.5% and income between $3,000,000 and $3,500,000 would be taxed at a rate of 8.75%. Currently income that falls under these categories are taxed at 8.33%. Also the bill would alsoincrease the top tax rate for income over $3,500,000 from 8.93% to 9%.
LD 977, An Act to Restore the Super Credit for Substantially Increased Research and Development. (Rep. Hepler, D-Woolwich) Joint Standing Committee on Taxation. The bill would reinstate the super credit for qualified research and development expenses that expired back in 2014, for tax years beginning on or after January 1, 2019.
LD 989, An Act to Improve Maine's Tax Laws. (Sen. Chipman, D-Cumberland) Joint Standing Committee on Taxation. The bill proposes to make changes to the tax laws to improve the application and efficacy of the tax laws.
LD 1164, An Act to Improve the Educational Opportunity Tax Credit. (Sen. Pouliot, R-Kennebec) Joint Standing Committee on Taxation. The bill would replace the exisiting educational opportunity tax credit with a new proposed simplified version applicable to tax years after January 1, 2020. The credit for employers is the lesser of the amount the employer paid on behalf of the qualified employee and 20%of the outstanding student loan debt. The credit for the employee would be the lesser of the amount paid on eligible student loans and 15% of the outstdning student loan debt on the date the first education loan is made after degree earned.
LD 1254, An Act to Authorize a Local option Sales Tax on Meals and Lodging and Provide Funding to Treat Opiod Disorder. (Rep. Sylvester, D-Portland) Joint Standing Committee on Taxation. The bill would allow a municipality by referendum to establish a local option tax of 1% on prepared food, and short term lodging.
LD 1929, Resolve Establishing a Commission to Study Fair, Equitable and Competitive Tax Policy for Maine's Working Families and Small Businesses. (Rep. Fecteau) Joint Standing Committee on Taxation. The bill would do what the title suggests, that is, to establish a commission to study the impacts of the State's tax policy on working families and small businesses The Commission would be responsible for developing recommendations designed to ensure that tax policy of the state is fair and equitable while ensuring the State remains competitive.
LD 2008, An Act Making Technical Changes to the Maine Tax Laws. (Rep. Tipping, D-Orono) Joint Standing Committee on Taxation.
LD 2010, An Act to Update References Contained in the Maine Revised Statutes to the United State Internal Revenue Code of 1986. (Rep. Tipping, D-Orono) Joint Standing Committee on Taxation.
LD 2011, An Act to Update Certain Provisions in the Income Tax and Service Provider Tax Laws. (Rep. Tipping, D-Orono) Joint Standing Committee on Taxation. The bill makes changes to the income tax and service provider tax laws.
LD 2008, An Act Making Technical Changes to the Maine Tax Laws. (Rep. Tipping, D-Orono) Joint Standing Committee on Taxation. The bill makes technical changes to Maines tax laws. The bill among other things clarify that thinformation regarding the tax credit for major food processing and manufacturing expon provided to OPEGA is exempt from the confidentiality statute. It also delays the State Tax Assessor's reporting requirement for the Maine Shipbuilding Credit and the tax credit for major food processing and manufacturing.
LD 2010, An Act to Update References Contained in the Maine Revised Statutes to the Unites State Interanl Revenue Code of 1986. (Rep. Tipping, D-Orono) Joint Standing Committee on Taxation. The bill affects the States income tax laws and update references to the US Internal Revenue Code of 1986 contained in the Maine Revised Statutes, Title 36 to refer to the US IRS Code of 1986 as amended through December 31, 2019 for tax years beginning on or after January 1, 2019 and for any priior tax years as specifically provided by the US IRS of 1986 as amended.
Transportation
LD 1034, An Act To Provide Revenue To Fix and Rebuild Maine's Transportation Infrastructure. (Rep. McClean, D-Gorham) Joint Standing Committee on Transportation. This bill does the following for the purpose of increasing revenue to the Highway Fund and for other transportation purposes.
1. It increases certain fees charged by the Secretary of State for driver's license examinations, temporary license plates, nondriver identification cards, duplicate registrations, titles, driver's licenses, nondriver identification cards and transfers of registrations.
2. It increases the sales tax on the short-term rental of automobiles and certain pickup trucks and vans from 10% to 12%.
3. It requires 5% of the sales tax imposed on transportation-related items, such as motor vehicles and products for the repair and maintenance of motor vehicles, such as motor oil, batteries and tires, to be transferred to the Highway Fund on a monthly basis.
4. Beginning October 1, 2019, it increases the tax imposed on gasoline to 36.5¢ per gallon and the tax imposed on special fuel to 37.7¢ per gallon.
LD 1093, An Act To Authorize a General Fund Bond Issue To Invest in Maine's Railroad Infrastructure. (Sen. Claxton, D-Auburn) Joint Standing Committee on Appropriations and Financial Affairs. The funds provided by this bond issue, in the amount of $50,000,000, will be used for investments in railroad infrastructure to expand passenger rail service, with a priority for railroad track corridors that could support passenger and freight intermodal operations and enhance the movement of agricultural products.
Utilities and Energy
LD 13, An Act To Allow Microgrids That Are in the Public Interest. (Rep. Devin, D-Newcastle) Joint Standing Committee on Energy, Utilities and Technology. This bill directs the Public Utilities Commission to approve a petition to construct and operate a new microgrid if the commission finds the proposal to be in the public interest and the new microgrid meets other specified requirements. It provides the commission with the ability to impose such terms, conditions or requirements as, in its judgment, it considers necessary in approving a new microgrid and also gives the commission oversight to ensure reliability and security of the electrical system and consumer protections for new microgrid consumers. It specifies that a new microgrid does not become a public utility as a result of its furnishing electrical service to participating consumers. It provides that a new microgrid that has been approved by the commission may construct, maintain or operate its lines in, upon, along, over, across or under the roads and streets. The bill directs the Public Utilities Commission to submit a report to the joint standing committee of the Legislature having jurisdiction over energy and utility matters by January 15, 2021.
LD 173, An Act To Promote Economic Development and Critical Communications for Family Farms, Businesses and Residences by Strategic Public Investment in High-speed Internet. (Rep. McCrea, D-Fort Fairfield) Joint Standing Committee on Energy, Utilities and Technology. This bill is a concept draft pursuant to Joint Rule 208.
This bill proposes to increase funding to the ConnectME Authority from $1,000,000 to $5,000,000 to expand universal broadband and high-speed Internet into rural areas identified as the 6% of the State unserved by high-speed Internet. This bill proposes to make expanding high-speed Internet into unserved rural areas a key emphasis in the economic development of and to multiply the return to the State by directing the ConnectME Authority to use the increased funding to increase the rate of strategic broadband investment and leverage additional federal funding to provide middle-mile and last-mile infrastructure in the unserved areas and to correct broadband deficiencies identified in the ConnectME Authority's baseline update of 2013.
LD 354, An Act To Authorize a General Fund Bond Issue To Encourage the Provision of Reliable High-speed Internet in Rural Underserved Areas of Maine. (Sen. Herbig, D-Waldo) Joint Standing Committee on Energy, Utilities and Technology. The funds provided by this bond issue, in the amount of $20,000,000, will be used for encouraging the provision of reliable high-speed Internet in rural underserved areas of Maine.
LD 564, An Act To Encourage the Installation of Solar Panels on Residential Property. (Rep. Blume, D-York) Joint Standing Committee on Energy, Utilities and Technology. This bill provides a property tax exemption for solar panels and associated equipment installed on residential property that qualifies for a homestead exemption.
LD 790, An Act To Eliminate the Cap on the Number of Accounts or Meters Designated for Net Energy Billing. (Sen. Mirament, D-Knox) Joint Standing Committee on Energy, Utilities and Technology. This bill prohibits the Public Utilities Commission from adopting or amending net energy billing rules pursuant to the Maine Revised Statutes, Title 35-A, section 3209-A to impose any limit on the number of accounts or meters that customers may designate for net energy billing or any limit on the number of customers that may share an interest in a generation facility for which the energy output is credited as part of any net energy billing.
LD 912, An Act To Establish the Wood Energy Investment Program. (President Jackson, D-Aroostook) Joint Standing Committee on Energy, Utilities and Technology. This bill establishes the wood energy investment fund and creates the Wood Energy Investment Program within the Efficiency Maine Trust. The bill specifies that, if the Public Utilities Commission finds that an entity awarded a contract for biomass resources pursuant to Public Law 2015, chapter 483 is not meeting contract requirements and therefore is not qualified to receive the full contract payment or any contract payment, those funds that would have been paid had contract requirements been met must be transferred to the wood energy investment fund. It also specifies that any funds remaining in the cost recovery fund established in Public Law 2015, chapter 483, section 1, subsection 5 that are not needed to pay above-market costs for biomass resources must also be transferred by the Public Utilities Commission to the wood energy investment fund. It requires the trust to use funds from the fund, if there are any, to provide incentives and low-interest or no-interest loans for new wood-derived thermal energy or cogeneration projects. It requires that the trust consult with the Finance Authority of Maine, when appropriate, in the development of any Wood Energy Investment Program incentives and the distribution of money from the wood energy investment fund. It prohibits the use of funds for incentives or loans for the refurbishment or maintenance of existing facilities.
LD 1080, Resolve, Regarding Biofuel in Number 2 Heating Oil. Emergency (Rep. Riley, D-Jay) Joint Standing Committee on Energy, Utilities and Technology. This resolve directs the Executive Department, Governor's Energy Office to oversee a study of and report to the Joint Standing Committee on Environment and Natural Resources on the feasibility of setting a requirement for the percentage of biofuel to be used in #2 heating oil.
LD 1127, An Act To Expand Community-based Solar Energy in Maine. (Sen. Sanborn, D-Cumberland) Joint Standing Committee on Energy, Utilities and Technology. This bill requires the Public Utilities Commission to direct investor-owned transmission and distribution utilities to enter into long-term contracts with community-based solar photovoltaic energy generating facilities. The total amount of resources procured through these long-term contracts may not exceed 100 megawatts, and 20% of resources procured must come from generators with a capacity of less than 2 megawatts. The bill requires the commission to establish provisions to protect the interests of utility customers over the term of the contracts.
The bill sets forth eligibility requirements for community-based solar resources to enter into long-term contracts. To be eligible, a resource must have a capacity of no more than 10 megawatts, have an in-service date between June 30, 2020 and December 31, 2021 and meet local ownership requirements. In addition, to be eligible, the owners of the resource must:
1. Demonstrate to the Public Utilities Commission completion of an interconnection agreement application with the local transmission and distribution utility;
2. Include a plan to obtain all required federal, state and local permits and approvals;
3. Demonstrate financial capability to operate the resource over the term of the contract;
4. Include a letter or resolution of support from the local community in which the resource is located; and
5. Outline expected economic benefits from the long-term contract to the local community in which the resource is located.
The bill establishes a minimum contract length of 20 years and requires the contract rate to be less than 9 cents per kilowatt-hour and fixed for a period of at least 20 years. Contracts may be for energy or capacity. The contracts may also include renewable energy credits, or the owners of the resource may retain the renewable energy credits associated with the resource, as determined by the owners. Finally, the bill specifies that available energy contracted for under the provisions of this bill must be sold into the wholesale electricity market in conjunction with solicitations for standard-offer supply bids.
LD 1163, An Act Regarding Energy, Utilities and Technology. (Sen. Lawrence, D-York) Joint Standing Committee on Energy, Utilities and Technology. This bill proposes to amend the laws regarding energy, utilities and technology.
Workforce Development
LD 1258, An Act To Increase Access to Transportation for Workforce and Other Essential Transportation Needs. (Rep. Sheats, D-Auburn) Joint Standing Committee on Transportation. This bill requires the quinquennial locally coordinated plan for regional transit submitted by each regional public transportation agency to focus on meeting workforce needs.
This bill also provides funding to the Department of Transportation to support and expand local volunteer driver networks; to create a pilot purchase of service program in a selected region of the State to provide senior citizens and persons with disabilities vouchers to purchase their own transportation services; and for regional transportation providers throughout the State, split evenly between rural and urban areas, to expand their services, including addressing regional workforce needs.
LD 1520, An Act To Create and Sustain Jobs through Development of Cooperatives and Employee-owned Businesses. (Sen. Libby, D-Androscoggin) Joint Standing Committee on Innovation, Development, Economic Advancement and Commerce. This bill supports employee-owned businesses and cooperatives in the following ways.
1. It excludes from Maine income tax the amount of gain, up to a maximum of $750,000 recognized by a business owner in transferring the business to an employee stock ownership plan, eligible worker-owned cooperative, consumer cooperative or affordable housing cooperative.
2. It excludes from Maine income tax interest from loans that finance transfers of ownership from a business to an employee stock ownership plan, eligible worker-owned cooperative, consumer cooperative or affordable housing cooperative.
3. It requires the Department of Economic and Community Development, Office of Business Development to encourage and assist employee-owned businesses by requiring the office to: develop educational programs, including convening an annual conference on employee ownership issues; provide information about employee ownership and technical assistance to retiring business owners, employees of plants threatened with closure and entrepreneurs interested in creating businesses with broadly shared ownership; link Maine businesses interested in implementing employee ownership to available financial, technical and legal resources; and help businesses interested in implementing some form of employee ownership to obtain financing, as well as undertake other duties.
4. It requires the Commissioner of Economic and Community Development to give priority to employee-owned businesses, either established or in the process of becoming employee-owned, when providing loans or grants from funds or programs maintained by the department.
5. It requires the Maine Public Employees Retirement System to conduct a study to determine how funds held by the system may be invested responsibly in employee-owned businesses in this State and to report its findings to the Joint Standing Committee on Innovation, Development, Economic Advancement and Business, which is authorized to report out a bill to the Second Regular Session of the 129th Legislature based on the study and recommendations of the system.
LD 1521, An Act To Expand Skill Development Opportunities for Maine Youth. (Sen. Keim, R-Oxford) Joint Standing Committee on Education and Cultural Affairs. This bill directs the Department of Education, in consultation with the Department of Labor, to develop an internship program for students who are 23 years of age or younger. The internship program developed by the department would authorize participants to receive compensation options, in combination with a variable hourly wage that is equal to or greater than the federal minimum wage, that may include academic credits, credentials of value and stackable credentials. The Department of Education is directed to submit a report outlining the internship program developed, together with any necessary implementing legislation, to the Joint Standing Committee on Education and Cultural Affairs by December 4, 2019. In addition, to facilitate participation in the Maine Apprenticeship Program established under the Maine Revised Statutes, Title 26, section 3202, this bill directs the Department of Labor to calculate the amount of funding and the number of positions it would require in order to establish an apprenticeship coordinator at each career and technical education center in the State and report this information to the Joint Standing Committee on Education and Cultural Affairs by December 4, 2019.
LD 2109, An Act To Implement the Recommendations of the Commission To Study Long-term Care Workforce Issues. (Rep. Hymanson, D-York) Joint Standing Committee on Health and Human Services. This bill implements the recommendations of the Commission To Study Long-term Care Workforce Issues, which was established by Public Law 2019, chapter 343, Part BBBBB, section 1. The bill does the following.
1 It requires direct care workers across the long-term care spectrum to be paid no less than 125% of the minimum wage. It requires the Department of Health and Human Services to adopt rules that take into account the cost of this increased wage in its reimbursement rates.
2 It requires the Department of Health and Human Services to adopt rules to increase reimbursement rates under Chapter 101: MaineCare Benefits Manual and any state-funded programs to take into account costs of providing care and services in conformity with applicable state and federal laws, rules, regulations, training requirements and quality and safety standards, including, but not limited to, increases in the minimum wage, earned paid leave, electronic visit verification, background checks and other costs that are not provided for in the current reimbursement rates.
3 It establishes a long-term care workforce oversight advisory committee to collect and compile data related to workforce shortages and services provided to clients, review progress by the Department of Health and Human Services regarding recommendations provided to the department and the joint standing committee of the Legislature having jurisdiction over health and human services matters, including the recommendations of the Commission To Study Long-term Care Workforce Issues, identify barriers to implementing recommendations and make recommendations on proposals to address long-term care workforce shortages. The oversight committee must submit an annual report to the joint standing committee of the Legislature having jurisdiction over health and human services matters.
LD 148, An Act To Authorize a General Fund Bond Issue To Recapitalize the School Revolving Renovation Fund and To Give Priority Status to Certain School Facility Upgrades. (Sen. Millett, D-Cumberland) Joint Standing Committee on Appropriations and Financial Affairs. The funds provided by the bond issue in Part A of this bill, in the amount of $50,000,000, will be used to recapitalize the School Revolving Renovation Fund for the purpose of providing funds to public schools for renovation and capital repairs. Part B of this bill gives upgrades of facilities required to meet prekindergarten facility standards and for prekindergarten capacity building Priority 4 status for loans from the fund to school administrative units for school repair and renovation.
LD 295, An Act To Authorize a General Fund Bond Issue To Increase Rural Maine's Access to Broadband Internet Service. (Rep. Berry, D-Bowdoinham) Joint Standing Committee on Appropriations and Financial Affairs. The funds provided by this bond issue, in the amount of $100,000,000, will be used for the provision of broadband Internet service in unserved and underserved areas through ConnectME Authority grants to partnerships between private, municipal and nongovernmental service providers.
LD 394, An Act To Authorize a General Fund Bond Issue To Provide for Student Loan Debt Relief. (Rep. Hobbs, D-Wells) Joint Standing Committee on Innovation, Development, Economic Advancement and Commerce. The funds provided by this bond issue, in the amount of $50,000,000, will be used to provide funds to the Finance Authority of Maine for zero-interest student loans and loan consolidation or refinancing interest rate reductions for certain Maine residents who agree to live and work in Maine for at least 5 years. The bill creates the Maine Student Loan Debt Relief Program. Under the program, zero-interest loans up to $10,000 per year for a maximum of 5 years are available to certain Maine residents who study at qualified in- state institutions of higher education and agree to live and work in Maine for at least 5 years following graduation. Loans bearing an annual interest rate of the prime rate of interest plus 2% are available to those who do not live and work in the State upon graduation. The Finance Authority of Maine may provide interest rate reduction payments to residents who use the authority's existing loan consolidation and refinancing program. This option is available to individuals who studied in Maine or outside of Maine and agree to live and work in Maine for at least 5 years. The bill exempts from Maine income tax any benefits received under the program to the extent included in federal adjusted gross income and prohibits individuals who have received benefits under the program from receiving the Maine educational opportunity tax credit.
LD 469, An Act To Authorize a General Fund Bond Issue To Provide Funding for Upgrades of Learning Spaces and Other Projects Funded by the School Revolving Renovation Fund. (Rep. Farnswoth, D-Portland) Joint Standing Committee on Appropriations and Financial Affairs. The funds provided by this bond issue, in the amount of $50,000,000 in fiscal year 2019-20 and $50,000,000 in fiscal year 2020-21, will be used to provide funds to the School Revolving Renovation Fund for the purpose of providing funds to public schools to upgrade learning spaces in school buildings and make other necessary repairs.
LD 547, An Act To Authorize a General Fund Bond Issue To Support Maine Aquaculture. Emergency (Sen. Chipman, D-Cumberland) Joint Standing Committee on Appropriations and Financial Affairs. The funds provided by this bond issue, in the amount of $25,000,000, will be used to provide funds to the Gulf of Maine Research Institute to study and promote Maine aquaculture.
LD 602, An Act To Authorize a General Fund Bond Issue To Support Research and Development in Maine. (Sen. Dill, D-Penobscot) Joint Standing Committee on Appropriations and Financial Affairs. The funds provided by this bond issue, in the amount of $50,000,000, will be used forinvestment in research, development and commercialization in the State's 7 targeted technology sectors to be used for infrastructure, equipment and technology upgrades that enable organizations to gain and hold market share, to increase revenues and to expand employment or preserve jobs, including in the biotechnical and biomedical sectors by attracting more research capacity and in the forest products sector by using Maine fiber to reduce carbon emissions. The funds must be awarded through a competitive process to Maine-based public and private entities, leveraging other funds in a one-to-one ratio.
LD 923, An Act To Authorize a General Fund Bond Issue To Upgrade Municipal Culverts at Stream Crossings. (Speaker Gideon, D-Freeport) Joint Standing Committee on Appropriations and Financial Affairs. The funds provided by this bond issue, in the amount of $5,000,000, will be used for a competitive grant program that matches local funding for the upgrade of municipal culverts at stream crossings in order to enhance and restore rivers, streams and fish and wildlife habitats and to allow communities to better prepare for extreme storms and floods.
LD 1836, An Act To Authorize a General Fund Bond Issue for Infrastructure, Economic Development, Workforce Development and Energy and Environment Investment. (Sen. Breen, D-Democrat) Joint Standing Committee on Appropriations and Financial Affairs. Part A provides a bond issue in the amount of $105,000,000. Funds in the amount of $100,000,000 will be used for reconstruction and rehabilitation of highways and bridges and for facilities or equipment related to ports, harbors, marine transportation, freight and passenger railroads, aviation, transit and bicycle and pedestrian trails, matching an estimated $137,000,000 per year in federal and other funds. Funds in the amount of $4,000,000 will be used for a competitive grant program that matches local funding for the upgrade of municipal culverts at stream crossings in order to improve fish and wildlife habitats and to allow communities to better prepare for extreme storms and floods. Funds in the amount of $1,000,000 will be used to complete the renovation of a wharf and bulkhead at the Gulf of Maine Research Institute in Portland to bring the wharf back into operation for a fishing vessel berthing resource to support marine research at sea, for commercial fishing access and for continued long-term marine job development.
PART B: The funds provided by this bond issue, in the amount of $50,000,000, will be used to invest in community broadband infrastructure, economic development and job creation.
PART C: The funds provided by this bond issue, in the amount of $19,000,000, will be used to invest in Maine Community College training, in child care services, in Maine Army National Guard readiness centers and support facilities and in career and technical education centers.
PART D: The funds provided by this bond issue, in the amount of $65,000,000, will be used to protect Maine's environment by investing in land conservation, water access, wildlife habitat, outdoor recreation opportunities, including hunting and fishing, farmland and working waterfronts and by supporting environmental clean-up efforts and promotion of renewable energy projects. Funds provided in this Part for the Efficiency Maine Trust, in the amount of $15,000,000, will be used to purchase solar arrays, high-efficiency ductless heat pumps and high-efficiency modern wood heating systems for buildings and property owned by municipalities and school administrative units and will fund the Municipal Energy Efficiency and Renewable Energy Program under Part E.
PART E: Part E establishes the Municipal Energy Efficiency and Renewable Energy Program within the Efficiency Maine Trust to support municipalities and municipally authorized citizen committees and school administrative units across the State in reducing energy costs, reducing carbon emissions, facilitating the development of renewable energy resources and creating local jobs related to the building of renewable energy facilities and the installation of energy-efficient equipment. It funds the program with the proceeds of bonds, including bonds issued pursuant to Part D, any other funds allocated by the trust and matching funds from participating municipalities. Part E takes effect only if the bond issue under Part D is approved by the voters of the State.
Budget and Finance
LD 1947, An Act To Fund Capital Improvements to Career and Technical Education Centers. (Rep. Fecteau, D-Biddeford) Joint Standing Committee on Appropriations and Financial Affairs. This bill authorizes the issuance and use of up to $20,000,000 in Maine Governmental Facilities Authority securities for capital improvements to career and technical education centers and regions.
Economic Development
LD 814, An Act To Strengthen Maine's Economy through Research and Innovation led by the University of Maine System. (Sen. Herbig, D-Waldo) Joint Standing Committee on Education and Cultural Affairs. This bill is a concept draft pursuant to Joint Rule 208. This bill would provide funding and enact measures based on recommendations of the President of the University of Maine at Machias in a strategic plan chartered by the Chancellor of the University of Maine System and due to the Board of Trustees of the University of Maine System in March 2019. The bill would strengthen research and economic development efforts across the University of Maine System to support Maine industries and workforce development and to foster business formation and expansion, specifically in the 7 research and development sectors designated in statute: advanced technology for agriculture and forestry; aquaculture and marine technology; biotechnology; composite materials technology; environmental technology; information technology; and precision manufacturing technology.
LD 859, An Act To Authorize a General Fund Bond Issue To Fund Equipment for Career and Technical Education Centers and Regions. (Rep. R. Fecteau, D-Biddeford) Joint Standing Committee on Education and Cultural Affairs. The funds provided by this bond issue, in the amount of $40,000,000, will be used to provide funds to make capital improvements to and purchase equipment for career and technical education centers and regions for high school students.
LD 860, An Act To Establish the Maine Community College System No-cost Tuition Program. (Rep. Brennan, D-Portland) Joint Standing Committee on Education and Cultural Affairs. This bill establishes the Maine Community College System No-cost Tuition Program. Under the program, Maine residents who are determined to be eligible students and who are enrolled in an eligible course of study at a college within the Maine Community College System are eligible for a grant to cover the cost of tuition and mandatory fees, less any federal financial aid or other financial assistance that the student receives that is not required to be repaid. The Maine Community College System must include in its biennial budget for presentation to the Governor and the Legislature the estimated full funding for the Maine Community College System No-cost Tuition Program.
Education
LD 149, An Act To Authorize a General Fund Bond Issue To Provide Student Debt Forgiveness To Support Workforce Attraction and Retention. (Sen. Libby, D-Androscoggin) Joint Standing Committee on Innovation, Development, Economic Advancement and Commerce. 1. Requires a General Fund bond obligation in the amount of $250,000,000 for a program administered by the Finance Authority of Maine to provide funds for payment of student loan debt for individuals who agree to live and work in Maine for 5 years and to reimburse employers that make student loan debt payments on behalf of their employees who agree to live and work in Maine for 5 years; and 2. Establishes the Maine Student Loan Debt Relief Program and the Maine Student Loan Debt Relief Fund and requires the Finance Authority of Maine to adopt major substantive rules to implement the program and submit the rules to the Second Regular Session of the 129th Legislature
LD 359, An Act To Address Student Hunger with a "Breakfast after the Bell" Program. (Sen. Moore, R-Washington) Joint Standing Committee on Education and Cultural Affairs. This bill requires a school administrative unit with a public school in which at least 50% of students qualified for a free or reduced-price lunch during the preceding school year to operate an alternative breakfast delivery service that provides breakfast after the start of the school day for students at that public school. It also provides a process for a school administrative unit to opt out of the alternative breakfast delivery service. This bill requires the Department of Education to adopt rules to develop an application process and to adopt standards to address evaluation criteria based on need for funding assistance for alternative breakfast delivery services in school administrative units. It also requires the department to develop a means to track health and academic outcomes of students and schools that participate in alternative breakfast delivery services.
LD 427, An Act To Require the State To Fund Teacher Retirement. (Rep. Brennan, D-Portland) Joint Standing Committee on Education and Cultural Affairs. This bill changes the method for funding teacher retirement costs. It repeals those provisions of law enacted pursuant to Public Law 2013, chapter 368 that require school administrative units and private schools to pay a portion of the costs for teacher retirement.
LD 502, An Act To Establish the Summer Success Program Fund. (Rep. Pierce, D-Falmouth) Joint Standing Committee on Education and Cultural Affairs. This bill establishes the Summer Success Program Fund, a dedicated fund to be directed and administered by the Commissioner of Education and held by the Treasurer of State, to encourage the facilitation of high-quality summer success programs in school administrative units throughout the State. The bill accomplishes the following.
1. It provides that money paid into the fund may include General Fund appropriations, as well as grants, gifts and other money from any unit of federal, state or local government or from any person, firm, partnership or corporation for deposit to the fund, money received from a social impact bond and interest, dividends and other pecuniary gains. It requires that school administrative units ensure that grants provided from the fund for expanding access to summer success programs supplement and not supplant federal funding.
2. It requires the commissioner to administer the fund within the Department of Education and to establish standards and approval for the allocation and use of fundmoney for summer success programs offered at elementary and secondary schools in the State. It also allows the commissioner to include the following in the standards:
A. Guidelines similar to the federal 21st Century Community Learning Centers program to close the achievement gap between high-performing and low-performing students;
B. Effective models of summer success programs that involve networking and partnerships with community-based organizations that provide a range of high-quality services to support student learning and development; and
C. Implementation of the formative and summative assessment methods to measure student achievement in order to monitor the progress of students participating in summer success programs.
3. It provides that, beginning in fiscal year 2020-21, the department is required to provide grant funding, through a grant application process, to cover 90% of the costs of summer success programs in school administrative units with greater than 50% student participation in the federal free and reduced-price lunch program.
4. It adds the fund to the enhancing student performance and opportunity provisions of the Essential Programs and Services Funding Act. 5. It requires the commissioner to submit a report to the Joint Standing Committee on Education and Cultural Affairs by December 15, 2019 that outlines the proposed rules to implement the fund by the 2020-2021 school year.
LD 509, An Act To Increase the Minimum Grant Amount under the Maine State Grant Program. (Rep. Pierce, D-Falmouth) Joint Standing Committee on Education and Cultural Affairs. This bill provides that the minimum grant amount under the Maine State Grant Program may not be less than $2,500 if sufficient funds are appropriated for this purpose, subject to the current grant amount modifications under the program.
LD 512, Resolve, To Create the Task Force To Study and Plan for the Implementation of Maine's Early Childhood Special Education Services. Emergency (Rep. Farnsworth, D-Portland) Joint Standing Committee on Education and Cultural Affairs. This resolve establishes the Task Force To Study and Plan for the Implementation of Maine's Early Childhood Special Education Services to examine the national trends and relevant models of governing and delivering early childhood special education systems and the short-term and long-term costs and benefits to the Department of Education's proposed plan to restructure the Child Development Services System and to make recommendations for an early childhood special education services program plan.
LD 647, An Act To Attract, Educate and Retain New State Residents To Strengthen the Workforce. (Rep. Cloutier, D-Lewiston) Joint Standing Committee on Education and Cultural Affairs. This bill creates various programs to provide education, services and training for the State's workforce immigrant populations in the following ways: 1. It establishes the Welcome Center Initiative to operate welcome centers in adult education programs to provide education, services and training for foreign-trained workers in municipalities or regions of the State that have immigrant populations or that have industries that are experiencing a shortage of trained workers, patterned after the New Mainers Resource Center operated by the City of Portland adult education program through a pilot program created by the 126th Legislature. The bill provides funds for grants for proposed welcome centers;
GENERAL FUND 2019-20 2020-21
All Other $150,000 $150,000
GENERAL FUND TOTAL $150,000 $150,000
GENERAL FUND 2019-20 2020-21
All Other $400,000 $400,000
GENERAL FUND TOTAL $400,000 $400,000
EDUCATION, DEPARTMENT OF
DEPARTMENT TOTALS 2019-20 2020-21
GENERAL FUND $1,500,000 $1,500,000
DEPARTMENT TOTAL - ALL FUNDS $1,500,000 $1,500,000
2. It directs the Department of Education's office of adult education and family literacy to: A. Administer a vocation-specific English language acquisition and workforce training program for immigrants in the State and establish a statewide competitive grant process to carry out the purposes of the program; B. Establish and implement a local community planning support program to provide a planning process for communities to provide English language acquisition and training in vocational skills, identify employers or areas that would benefit from immigrant residency or employment and cultivate community support to integrate immigrants into the communities and local workforce. The office must establish a grant process to carry out the purposes of the program; and C. Develop and implement a grant process to award grants to adult education programs to increase English language acquisition instruction. The bill provides funding for the vocation-specific English language acquisition and workforce training program, the local community planning support program and grants to increase English language acquisition instruction; and 3. It directs the Department of Education to establish a welcome center under the Welcome Center Initiative within the City of Lewiston's adult education program to attract, educate and retain in employment foreign-trained workers, patterned after the New Mainers Resource Center in Portland, and provides funding for that purpose. It also provides ongoing funding for the New Mainers Resource Center in Portland.
LD 703, An Act To Help Maine Students Succeed. (Sen. Millett, D-Cumberland) Joint Standing Committee on Education and Cultural Affairs. This bill is a concept draft.
LD 712, An Act To Fully Fund After-school and Preschool Programs in the School Funding Formula, Increase the Economically Disadvantaged Student Factor in the School Funding Formula and Increase the School Construction Debt Service Limit. (Rep. Brennan, D-Portland) Joint Standing Committee on Education and Cultural Affairs. This bill amends the school funding formula to fund after-school programs based on the state share percentage and to fund public preschool programs at 50% of the cost of the programs, or if a school administrative unit's state share percentage is greater than 50%, to fund the unit's public preschool program at the state share percentage. The bill also increases the additional weight for economically disadvantaged students from 0.15 to 1.5. The bill also raises the maximum debt service limit for school construction projects from $126,000,000 to $150,000,000 beginning in 2020.
LD 772, An Act To Encourage Continued Learning. (Rep. Daughtry, D-Brunswick) Joint Standing Committee on Innovation, Development, Economic Advancement and Commerce. This bill is a concept draft pursuant to Joint Rule 208. This bill proposes to enact measures designed to encourage continued learning by Maine residents, including, but not limited to, creating incentives and implementing strategies to enable so-called stranded learners who have some college credit but no degree to complete degree and certificate programs and graduate from college.
LD 791, An Act To Provide School Districts with Full State Funding for Students with High-cost Special Education Needs. (Sen. Miramant, D-Knox) Joint Standing Committee on Education and Cultural Affairs. This bill requires the State, beginning July 1, 2020, to provide a school administrative unit 100% of the funding needed for high-cost special education students.
LD 882, Resolve, To Require the Examination of the System of Learning Results. (Rep. Sampson, R-Alfred) Joint Standing Committee on Education and Cultural Affairs. This resolve directs the Department of Education to convene a working group to study the system of learning results and to submit a report by December 4, 2019 to the Joint Standing Committee on Education and Cultural Affairs, which may submit legislation to the Second Regular Session of the 129th Legislature.
LD 1584, An Act To Attract, Build and Retain an Early Childhood Education Workforce through Increased Training, Education and Career Pathways. (Rep. Fecteau, D-Biddeford) Joint Standing Committee on Education and Cultural Affairs. This bill requires the Commissioner of Health and Human Services, the Commissioner of Education and the Commissioner of Labor jointly to develop and implement an early childhood educators workforce support program to recruit and retain early childhood educators working with children up to 5 years of age. Components of the program include:
1. Expansion of educational programs at career and technical education centers and financial support of those programs;
2. Comprehensive scholarships for persons taking classes toward the attainment of an early childhood education credential or an associate or bachelor's degree that allow the persons to graduate without student debt as long as the persons agree to work for a year with an approved employer;
3. An increased number of apprenticeships; and
4. Salary supplements awarded to individuals who provide child care or who are early childhood educators. The amount of the supplement is based on the level of education and experience of the individual and other factors.
This bill also provides funding to carry out the program.
LD 1606, An Act To Increase Funding for Career and Technical Education Programs. (Sen. Dill, D-Penobscot) Joint Standing Committee on Education and Cultural Affairs. This bill provides an additional $1,500,000 per year for the cost of career and technical education pursuant to the Maine Revised Statutes, Title 20-A, section 15688-A, subsection 1. This bill also removes the so-called hold harmless provision that limits the amount of any decrease or increase in the total allocation for a career and technical education center or career and technical education region, effective January 1, 2020.
LD 1607, An Act To Create the Department of Early Care and Learning. (Sen. Millett, D-Cumberland) Joint Standing Committee on Education and Cultural Affairs. This bill is a concept draft pursuant to Joint Rule 208. This bill proposes to create the Department of Early Care and Learning as a cabinet-level state agency within the executive branch of State Government. The department would assume primary responsibility for matters regarding children under 6 years of age in the State, including the care, health care and education of the children that are now the responsibility of the Department of Health and Human Services and the Department of Education. The major components of the bill are as follows.
1. Definitions. As used in this bill, unless the context otherwise indicates, the following terms have the following meanings.
A. "Board" means the Board of Early Care and Learning.
B. "Commissioner" means the Commissioner of Early Care and Learning.
C. "Department" means the Department of Early Care and Learning.
D. "Early care and education" means programs and services relating to high-quality care, health care and education of children under 6 years of age.
2. Department; commissioner. The department is created as a department of the executive branch of State Government and a separate budget unit that has the duties, responsibilities, functions, powers and authority accorded to state agencies under state law. The department is administered by a commissioner who is the chief administrative and executive officer of the department required by law to be appointed by the Governor and confirmed by the Senate and reports directly to the Governor. The commissioner is responsible for the performance and exercise of the duties, responsibilities, powers, functions and authority of the department. The commissioner has the power to distribute the functions and duties given to the commissioner among the various units of the department to integrate the work properly and to promote the most economical and efficient administration of the department. The powers and duties given to the commissioner or the department are assumed and carried out by the units that the commissioner designates and may in turn be delegated to subordinates by those unit directors with the approval of the commissioner.
3. Programs and services of department. The department is directed to provide children and families with programs and services to assist the children and families in meeting essential needs, including:
A. Head Start and child care services;
B. Maternal and child health services, including home visiting programs;
C. Prekindergarten programs and services;
D. Child care services licensing, subsidies and quality control management;
E. Preschool special education under Part B of the federal Individuals with Disabilities Education Act; and,
F. Early intervention services for infants and toddlers under Part C of the federal Individuals with Disabilities Education Act.
4. Duties and responsibilities of department. The department has the following duties and responsibilities:
A. Administering programs and services necessary for the operation and management of voluntary prekindergarten;
B. Administering programs and services necessary for the operation and management of preschool and child development programs, including Head Start and child care regulation;
C. Acting as the agent of the Federal Government to ensure that state programs and services conform with federal requirements and to administer federal funds granted to the State to assist in the activities of the department;
D. Assisting local units of administration in the State to ensure the availability of the programs and services provided by the department;
E. Regulating early care and learning programs, including licensing and inspecting the programs to ensure adherence to state law and department rules;
F. Performing functions relating to improvement in the quality, availability and affordability of child care in the State;
G. Serving as the Head Start state collaboration office;
H. Administering the licensure and regulation of day care centers, group day care homes and family day care homes;
I. Providing consultation and making recommendations concerning the establishment and implementation of early care and learning services and programs;
J. Reporting and making recommendations to the Governor and the Legislature as required by law or as determined necessary by the commissioner;
K. Performing any other duties, responsibilities or functions agreed upon between the department and the Department of Health and Human Services; and,
L. Performing any other duties, responsibilities or functions agreed upon between the department and the Department of Education.
5. Powers of department. The department has the following powers:
A. Adopting rules and procedures to carry out department duties and responsibilities;
B. Contracting for services;
C. Hiring or assigning employees and staff;
D. Applying for and accepting from any other agency of government, person, group or corporation any funds that may be available to carry out the duties and responsibilities of the department;
E. In an adjudicatory proceeding conducted by the department, issuing subpoenas to require the attendance and testimony of witnesses and the production of evidence or discovery relating to an issue of fact in the proceeding and designating employees of the department to issue such subpoenas;
F. Suing and being sued; and,
G. Performing any legal act relating to the care, health care or education of children under 6 years of age in the State.
6. Board of Early Care and Learning. The Board of Early Care and Learning is established within the department to assist the department and commissioner in carrying out the duties and responsibilities of the department.
A. The board consists of 9 members, including:
(1) The Commissioner of Health and Human Services as an ex officio member;
(2) The Commissioner of Education as an ex officio member;
(3) The Chancellor of the University of Maine System as an ex officio member;
(4) A representative of the business community with a demonstrated commitment to education, appointed by the Governor;
(5) An early care and education teacher selected from a list of 3 nominees provided by the Maine Education Association, appointed by the Governor;
(6) A parent or legal guardian of a child under 6 years of age receiving early care and education services or services from a family child care provider, appointed by the Governor;
(7) A person representing a provider of early care and education services who has practical experience in the management and administration of early care and education services, appointed by the Governor;
(8) A person with expertise in the evaluation and assessment of successful preschool education programs, appointed by the Governor; and,
(9) A pediatrician with a focus on child development or a person who is nationally recognized for research in the field of educational psychology, appointed by the Governor.
In making appointments, the Governor is directed to seek to appoint members who are from geographically diverse regions of the State, who are familiar with the differing interests, perspectives and needs of urban, rural and suburban regions and who reflect the ethnic and racial diversity of the children of the State. Each member chosen must have a demonstrated interest in and commitment to early care and learning.
In appointing members to initial terms, the Governor is directed to designate 3 members for 5-year terms and 3 members for 4-year terms. Subsequent appointments must be for 5-year terms. An appointed member may not serve more than 3 consecutive 5-year terms. A member serves until the member's successor is appointed.
The board elects a chair from the board's membership and other officers that the board considers necessary. A quorum consists of 5 members, and a quorum is necessary for the board to conduct business. The board is directed to adopt bylaws to govern the conduct of the board's activities. Appointed members of the board receive per diem and reimbursement of expenses in conformity with the rates and allowances determined for members of other state boards who receive per diem and reimbursement of expenses.
B. The purposes of the board include:
(1) Consolidating and coordinating resources and public funding for early care and learning to ensure the sound and coordinated development of related programs and services;
(2) Ensuring that parents of children under 6 years of age have a decisive role in the planning, operation and evaluation of programs and services that aid families in the care of children under 6 years of age;
(3) Providing consumer education and accessibility to early care and learning resources for all communities in the State;
(4) Advancing the quality of early care and learning to support the healthy development of and preparation for success in school for children;
(5) Developing a seamless delivery system of early care and learning administered by federal, state and local agencies and providers through local points of entry;
(6) Developing and managing effective data collection to support necessary functions of and accurately evaluate a coordinated early child care and learning distribution system; and,
(7) Reviewing and making recommendations regarding the budget of the department.
C. The duties and responsibilities of the board include:
(1) Developing and overseeing the management of:
(a) The administration of a high-quality system of public and private early care and learning;
(b) Subject to available funding, the implementation of a program of voluntary and universally accepted high-quality early childhood education for all preschool-age children in the State;
(c) A kindergarten readiness assessment for preschool-age children and a comprehensive evaluation of early care and learning, including the establishment of baseline data to inform the design and implementation of a universally accessible, high-quality early care and learning program for all preschool-age children in the State; and,
(d) A workforce development system designed to support the education, training and compensation of the early care and learning workforce, including all family child care, infant, toddler, preschool and school-age children program and services centers and providers; and,
(2) Reporting biannually to the Governor, the Secretary of the Senate, the Clerk of the House of Representatives, the joint standing committee of the Legislature having jurisdiction over health and human services matters and the joint standing committee of the Legislature having jurisdiction over education matters on the board's and the department's activities, progress in achieving goals and implementing programs of the department and progress in the State regarding moving toward a system of universal early care and learning for preschool children 3 to 5 years of age.
7. Assistance and coordination. All other state departments, agencies, officers and employees are directed upon the request of the commissioner or board and to the extent permissible by law to make available department and agency services, resources, personnel and facilities to ensure the most effective coordination and use of state resources, personnel and facilities for the benefit of families and children under 6 years of age and to assist the department in carrying out the department's duties and responsibilities.
8. Transition. By October 1, 2020, the transition regarding the reassignment of the duties and responsibilities of the Department of Health and Human Services and Department of Education to the department takes effect in the following ways.
A. All references to, responsibilities of and authority conferred upon the Department of Health and Human Services and the Department of Education and the predecessors of those departments regarding the powers, duties, responsibilities, programs, services and functions assigned to the department are deemed to refer to and vest in the department. The department is the successor in every way to the powers, duties, responsibilities, programs, services and functions assigned to the Department of Health and Human Services and the Department of Education as the powers, duties, responsibilities, programs, services and functions pertain to the powers, duties, responsibilities, programs, services and functions assumed by the department.
B. All accrued expenditures, assets, liabilities, balances of appropriations, allocations, transfers, revenues or other available funds in an account or subdivision of an account of the Department of Health and Human Services or the Department of Education that pertain to the powers, duties, responsibilities, programs, services and functions assumed by the department are transferred in the transition to the proper accounts of the department by the State Controller or by financial order upon the request of the State Budget Officer and with the approval of the Governor.
C. All rules of the Department of Health and Human Services and the Department of Education, as they pertain to the duties of the department, that are in effect on the effective date of the transition remain in effect until rescinded, revised or amended.
D. All contracts, agreements and compacts of the Department of Health and Human Services and the Department of Education, as they pertain to the powers, duties, responsibilities, programs, services and functions of the department, that are in effect on the effective date of the transition remain in effect until the contracts, agreements and compacts expire or are altered by the parties involved in the contracts, agreements or compacts.
E. All records of the Department of Health and Human Services and the Department of Education as they pertain to the powers, duties, responsibilities, programs, services and functions of the department are transferred to the department as necessary to implement the transition.
F. All employees and positions of the Department of Health and Human Services and the Department of Education necessary to carry out the powers, duties, responsibilities, programs, services and functions of the department are transferred to the department.
G. All office equipment, furniture and other property or assets of the Department of Health and Human Services and the Department of Education that are used or held exclusively or principally by personnel transferred under paragraph F are transferred to the department.
H. All transfers of employees and assets from the Department of Health and Human Services and the Department of Education to the department are subject to the approval of the commissioner, and a transfer of an employee or asset may not occur if the commissioner determines that the employee or asset should remain with the transferring department.
I. Employees of the department who were employees of the Department of Health and Human Services or the Department of Education immediately prior to the effective date of the transition retain all employee rights, privileges and benefits, including sick leave, vacation and seniority, provided under the Civil Service Law or collective bargaining agreements. The Department of Administrative and Financial Services, Bureau of Human Resources is directed to assist the affected departments with the orderly implementation of the transition under this paragraph.
J. The Department of Administrative and Financial Services, Bureau of the Budget is directed to work with the employees of the Department of Health and Human Services and the Department of Education with regard to the powers, duties, responsibilities, programs, services and functions transferred to the department to develop the budget for the department.
LD 1760, An Act To Support Children's Healthy Development and School Readiness. (Senate President Jackson, D-Aroostook) Joint Standing Committee on Health and Human Services. This bill creates the First 4 ME Early Care and Education Program under the Department of Health and Human Services to provide comprehensive, high-quality early child care and education services for at-risk children under 6 years of age who have not entered kindergarten and the children's parents by funding projects that integrate comprehensive resources and services with traditional center-based and family child care settings. The projects are sponsored by coalitions of stakeholders, providers and other community members within the communities that the projects serve. Each project is led and coordinated by a community contractor who staffs the project's operations and contracts with community providers to provide health care, education or parenting services, which may include services provided in a licensed child care center or by a licensed family child care provider, in a home visit or by an individual providing services to a family member within the individual's or family member's residence. The community contractor employs or contracts with community coaches who train and provide support to community providers. This bill also directs the department to request proposals for up to 10 pilot projects to implement the program and to report to the Legislature on the progress of the pilot projects toward the objectives, goals and intended outcomes of the projects in 2024.
LD 1916, An Act To Increase High School Graduation Rates for Students Experiencing Homelessness or in Foster Care. (Sen. Libby, D-Lewiston) Joint Standing Committee on Education and Cultural Affairs. This bill does the following.
1. It amends the process for applying for a Department of Education diploma by requiring that the responsible school apply on behalf of a student who has experienced one or more education disruptions on request. The student's parent or guardian or a student who is over 18 years of age may still apply directly to the Department of Education, and the school must assist the student in the application process.
2. It provides that the Commissioner of Education must award a Department of Education diploma to a student who has experienced homelessness or has been in foster care who meets certain criteria and may not require that student to provide additional information or be interviewed.
3. It provides that a secondary school must award a diploma to a student who has experienced homelessness or foster care placement if the student meets specified criteria.
4. It provides that the responsible school for a student whose education disruption is due to multiple transfers or homelessness or foster care placement must compile for the student partial and full credits received by the student to date, provide priority enrollment in classes in which the student has received partial credit and immediately enroll the student in classes or programs to close gaps between the compilation of credits by the student and the credits typically earned by the student's peers.
5. It requires the responsible school to provide an adult mentor to students who experience education disruption due to homelessness or foster care placement to facilitate transition into the school.
6. It requires that if the responsible school determines that a student who experiences education disruption will not be able to graduate by the end of the student's 4th year of secondary school, the responsible school must provide the student information regarding a Department of Education diploma and apply on behalf of the student or assist the student in making the application.
LD 1999, An Act To Amend the Maine Education Savings Program. (Sen. Herbig, D-Waldo) Joint Standing Committee on Education and Cultural Affairs. This bill amends the Maine Education Savings Program by making permissive rather than mandatory the investment of fund dollars by the Finance Authority of Maine in state-based financial institutions.
LD 2014, An Act To Amend the Laws Governing the Maine State Grant Program. (Rep. Daughtry, D-Brunswick) Joint Standing Committee on Education and Cultural Affairs. This bill allows an adult learner benefiting from a grant under the Maine State Grant Program to receive up to 12 semesters' worth of grant funding.
LD 2022, An Act To Provide Funding for Capital Improvements and Equipment for Career and Technical Education Centers and Regions. (Sen. Herbig, D-Waldo) Joint Standing Committee on Education and Cultural Affairs. This bill authorizes the Commissioner of Education to expend and disburse funds to career and technical education centers and career and technical education regions to make capital improvements and to purchase equipment that has a useful life of at least 5 years and provides a one-time General Fund appropriation of $4,000,000 in fiscal year 2020-21 for that purpose.
LD 2072, Resolve, Regarding Legislative Review of Portions of Chapter 132: Learning Results: Parameters for Essential Instruction, a Major Substantive Rule of the Department of Education. (Rep. Kornfield, D-Bangor) Joint Standing Committee on Education and Cultural Affairs. This resolve provides for legislative review of portions of Chapter 132: Learning Results: Parameters for Essential Instruction, a major substantive rule of the Department of Education.
Environmental
LD 16, An Act To Authorize a General Fund Bond Issue To Invest in Infrastructure To Address Sea Level Rise. (Rep. Brennan, D-Brennan) Joint Standing Committee on Appropriations and Financial Affairs. The funds provided by this bond issue, in the amount of $50,000,000, will be used to improve waterfront and coastal infrastructure in municipalities to address sea level rise.
LD 102, An Act To Improve the Manufacturing of Plastic Bottles and Bottle Caps. (Rep. Doudera, D-Camden) Joint Standing Committee on Environment and Natural Resources. This bill prohibits, beginning January 1, 2020, a manufacturer from selling, offering for sale or distributing for sale in the State a single-use plastic beverage container unless the container is composed of at least 15% postconsumer recycled plastic. Beginning January 1, 2022, this threshold for the percentage of postconsumer recycled plastic in single-use plastic beverage containers increases to 20% and, beginning January 1, 2024, the threshold increases to 25%.
The bill also prohibits, beginning January 1, 2020, a manufacturer from selling, offering for sale or distributing for sale in the State a single-use plastic beverage container with a plastic beverage cap unless the cap is composed of the same plastic as the beverage container and the cap is tethered to the container in a manner that prevents the separation of the cap from the container when the cap is removed or the cap includes an opening from which the beverage can be consumed while the cap remains screwed onto or otherwise affixed to the container.
LD 327, An Act To Revise Maine's Environmental Laws. (Rep. Tucker, D-Brunswick) Joint Standing Committee on Environment and Natural Resources. This bill is a concept draft pursuant to Joint Rule 208.
This bill proposes to revise laws governing environmental protection.
LD 401, An Act To Preserve State Landfill Capacity and Promote Recycling. (Rep. Tipping, D-Orono) Joint Standing Committee on Environment and Natural Resources. This bill proposes to enact measures to ensure accurate tracking of the origin and type of waste materials disposed of in Maine, to discourage landfilling of recyclable materials, to preserve landfill capacity at state-owned facilities for Maine-generated materials, and to ensure the rights of host communities and abutters of waste disposal facilities. In order to achieve these goals, the bill proposes to:
1. Ensure there is accurate tracking and record keeping identifying the origin, amounts and types of materials disposed in waste facilities in the State;
2. Ensure waste is effectively tracked from generation point through processing to final disposal point, including the following types of facilities and disposal sites where tracking is required: landfills; landfill leachate discharge sites; incinerator ash and slag disposal sites; and biosolids disposal sites;
3. Ensure that waste materials imported from outside the State that are processed at facilities in the State are not classified as Maine-generated waste;
4. Ensure that waste materials that end up in a landfill, such as construction and demolition debris, which are used for daily cover in a landfill, are not counted toward the State's recycling goals;
5. Ensure adequate legal standing and strengthen protections for the health and well-being of people living in close proximity to waste disposal facilities;
6. Strengthen conflict-of-interest protections in awarding and management and oversight of state waste contracts to prevent price fixing and market manipulation; and,
7. Direct the Department of Environmental Protection to amend rule Chapter 400, Maine Solid Waste Management Rules to:
A. Amend the definition of "bypass" to limit the waste that is considered bypass to solid waste that cannot be disposed of, processed or beneficially used at that facility because of malfunction, insufficient capacity, downtime or inability of the facility to process or burn;
B. Amend the definition of "recycle" and "recycling" to add a provision that any material left at a landfill is not considered recycled; and,
C. Define "Maine-generated waste" as solid waste that is discarded for the first time within the physical confines of the State.
LD 1224, An Act To Authorize General Fund Bond Issues To Address Changes in Sea Level, Geospatial Data Acquisition by Communities and the Increase in Ocean Acidity. (Rep. Devin, D-Newcastle) Joint Standing Committee on Appropriations and Financial Affairs. This bill authorizes the issuance of bonds.
1. Part A of this bill authorizes the issuance of bonds, in the amount of $5,000,000, to be used to support improvements to sea level prediction models by providing more detailed mapping of coastal zones and monitoring sea level changes in order to mitigate the impact of and help prepare for rising sea levels.
2. Part B of this bill authorizes the issuance of bonds, in the amount of $6,000,000, to be used to provide partnership funds and matching grants for geospatial data acquisition to communities that are creating or improving digital parcel maps to accurately identify existing boundaries and land use, identify potential community development areas and protect environmental resources.
3. Part C of this bill authorizes the issuance of bonds, in the amount of $3,000,000, to be used to collect data, monitor waterways and perform tests related to the known increasing ocean acidity along the Maine coast and its impact on natural wildlife and commercially important species in Maine waters, such as lobsters and clams.
Health Care
LD 51, An Act To Implement the Recommendations of the Task Force on Health Care Coverage for All of Maine. (Sen. Sanborn, D-Cumberland) Joint Standing Committee on Health Coverage, Insurance and Financial Services. A concept draft, this bill proposes to implement the recommendations of the Task Force on Health Care Coverage for All of Maine.
LD 1085, An Act To Ensure That Maine Residents Have Adequate and Affordable Access to Health Care. (Sen. Sanborn, D-Cumberland) Joint Standing Committee on Health Coverage, Insurance and Financial Services. A concept draft, this bill proposes to ensure that consumer protections in health insurance are maintained under state law.
LD 1611, An Act To Support Universal Health Care. (Rep. Brooks, D-Lewiston) Joint Standing Committee on Health Coverage, Insurance and Financial Services. This bill establishes the Maine Health Plan to provide universal health care coverage to all residents of this State. The bill is modeled on proposed legislation considered in Minnesota.
LD 1617, An Act To Create a Single-payer Health Care Program in Maine. (Rep. Sylvester, D-Portland) Joint Standing Committee on Health Coverage, Insurance and Financial Services. This bill establishes a single-payer health care program in the State that provides health care services for Maine residents. The bill directs the Department of Health and Human Services to consult with the Department of Labor and the Department of Professional and Financial Regulation, Bureau of Insurance to develop the program. The bill requires the State to implement the program in 3 phases, based on income, beginning in 2022 for those residents not eligible for the MaineCare program. The bill also creates the Single-payer Implementation Task Force to advise the departments and make recommendations to fully implement the single-payer health care program. The program may not be implemented in 2022 without prior legislative approval.
LD 1975, An Act To Facilitate Dental Treatment for Children. (Sen. Sanborn, D-Cumberland) Joint Standing Committee on Health Coverage, Insurance and Financial Services. This bill prohibits a health insurance carrier from imposing a waiting period for any dental or oral health service or treatment, except for orthodontic treatment, for an enrollee under 19 years of age.
LD 2007, An Act To Enact the Made for Maine Health Coverage Act and Improve Health Choices in Maine. (Speaker Gideon, D-Freeport) Joint Standing Committee on Health Coverage, Insurance and Financial Services. This bill:
1. Establishes the Made for Maine Health Coverage Act;
2. Establishes the Maine Health Insurance Marketplace Trust Fund;
3. Authorizes the State to enter into state-federal health coverage partnerships that support the availability of affordable health coverage;
4. Establishes a pooled market for individual health plans and small group health plans and changes reinsurance to be retrospective and applied to the pooled market; and
5. Creates clear choice design for cost sharing and requires coverage of certain primary care and behavioral health visits without the application of any deductible.
LD 2095, An Act To Require Appropriate Coverage of and Cost-sharing for Generic Drugs and Biosimilars. (President Jackson, D-Aroostook) Joint Standing Committee on Health Coverage, Insurance and Financial Services. This bill establishes requirements for the coverage of and cost-sharing for generic drugs, biosimilars and branded pharmaceuticals when dispensed by pharmacies as outpatient prescription drugs under health plans offered by carriers that provide coverage for prescription drugs.
LD 2096, An Act To Save Lives by Capping the Out-of-pocket Cost of Certain Medications. (Speaker Gideon, D-Freeport) Joint Standing Committee on Health Coverage, Insurance and Financial Services. This bill provides that a health insurance carrier that provides coverage for prescription insulin drugs may not impose a cost-sharing requirement on the enrollee that results in out-of-pocket costs to the enrollee in excess of $100 per 30-day supply of insulin.
LD 2105, An Act To Protect Consumers from Surprise Emergency Medical Bills. (Speaker Gideon, D-Freeprt) Joint Standing Committee on Health Coverage, Insurance and Financial Services. This bill amends the law providing consumer protection for surprise medical bills to include surprise bills for emergency services. In the event of a dispute with respect to a surprise medical bill, the bill directs the Superintendent of Insurance to develop an independent dispute resolution process to determine a reasonable payment for health care services.
LD 2106, An Act Regarding Prior Authorizations for Prescription Drugs. (Sen. Gratwick, D-Penobscot) Joint Standing Committee on Health Coverage, Insurance and Financial Services. This bill makes the following changes.
1. It adds a definition of "prior authorization" and clarifies the definitions of "medically necessary health care" and "participating provider" used in the Maine Insurance Code, chapter 56-A.
2. It sets forth additional requirements for carriers to facilitate the processing of prior authorization requests for prescription drugs by providers.
Judiciary
LD 1294, Resolve, Directing the Maine Human Rights Commission To Implement a Pilot Program To Investigate and Report on Incidents of Harassment Due to Housing Status, Lack of Employment and Other Issues. (Rep. Talbot Ross, D-Portland) Joint Standing Committee on Judiciary. This resolve directs the Maine Human Rights Commission to create a 2-year pilot program to receive, review and investigate incidents and complaints of harassment due to a person's lack of employment or housing status and other reports of interference with a person's access to public accommodations. In carrying out the pilot program, the commission must investigate and respond to incidents and complaints of harassment as set out in the Maine Revised Statutes, Title 5, sections 4611 and 4612. The commission is authorized to use any of its powers under Title 5, section 4566 to carry out the pilot program and may limit its scope. The commission is authorized to establish an advisory board to document and evaluate complaints and to advise the commission as to which incidents and complaints should be acted on and possible solutions. The commission is directed to produce an interim report for submission to the Joint Standing Committee on Judiciary by September 15, 2020 and a final report to the joint standing committee of the Legislature having jurisdiction over judiciary matters by September 15, 2021. The reports are authorized to contain recommendations on changes to the program or for its continuation as well as proposed legislation to carry out any recommendations.
LD 1703, An Act To Improve Consistency within the Maine Human Rights Act. (Rep. Bailey, D-Saco, for the Maine Human Rights Commission) Joint Standing Committee on Judiciary. The purpose of this bill is to address inconsistencies in the protections provided in different areas of jurisdiction under the Maine Human Rights Act. The bill provides more inclusive protection by:
1. Including adult family members dependent for care in the definition of "familial status;"
2. Including familial status as a protected class in employment;
3. Including age as a protected class in public accommodations;
4. Providing that public entities cannot discriminate on the basis of protected class; and,
5. Clarifying the scope of the Maine Human Rights Act application in education.
The bill also clarifies the protections provided to pregnant persons in employment and that the sexual orientation provisions already in the Maine Human Rights Act extend to gender identity.
Labor
LD 402, An Act To Restore Overtime Protections for Maine Workers. (Rep. Tipping, D-Orono) Joint Standing Committee on Labor and Housing. This bill annually raises the minimum salary that an employee who works in an executive, administrative or professional capacity must earn in order for that employee to be exempt from the laws governing the minimum wage and overtime pay until it is $55,224 on January 1, 2022. The bill provides for an annual adjustment, beginning January 1, 2023, based on the percentage annual increase in certain earnings as published by the United States Department of Labor, Bureau of Labor Statistics.
LD 507, An Act To Amend the Laws Governing Employer Recovery of Overcompensation Paid to an Employee. (Rep. Doore, D-Augusta) Joint Standing Committee on Labor and Housing. This bill amends the definition of "overcompensation" by an employer to include compensation in the form of paid leave. It changes the maximum amount an employer can withhold from an employee's pay to recover overcompensation from 10% to 5%. It prohibits an employer from recovering more than the amount of overcompensation paid to an employee in the 3 years preceding the discovery of the overcompensation. The bill also specifies that the section of law regarding overcompensation by employers that includes these provisions does not limit or affect an employee's general civil remedies against an employer.
LD 857, An Act To Increase Accountability for Wage Violations. (Rep. Collings, D-Portland) Joint Standing Committee on Labor and Housing. This bill amends the law regarding employment practices by increasing the fine for a violation of certain state wage and benefits laws to $500 for the first violation and $2,500 for each subsequent violation and by providing a private right of action for a person aggrieved of such a violation. It amends the law regarding employees' remedies to provide that in a judgment for an employee an additional amount of 3 times the unpaid wages must be awarded the employee. It also provides ongoing funds for 10 labor and safety inspector positions within the Department of Labor, Bureau of Labor Standards, wage and hour division beginning October 1, 2019.
LD 1051, An Act To Create the Maine Family First Employer Program. (Sen. Herbig, D-Waldo) Joint Standing Committee on Labor and Housing. This bill creates the Maine Family First Employer Program under the Department of Labor to award employers that create family-friendly workplaces by providing, for all full-time employees, advancement and leadership opportunities; the same pay rates for similar work; stipends or assistance for child care; paid leave for the birth or adoption of a child and medical care for employees or family members of employees; flexible work accommodations for other family obligations; and health insurance and retirement plan options. The awards are presented by the Governor and come with a logo that a designated employer may use for promotional purposes.
LD 1410, An Act To Create Paid Family and Medical Leave Benefits. (Speaker Gideon, D-Freeport) Joint Standing Committee on Labor and Housing. This bill establishes a paid family and medical leave benefits program administered by the Department of Labor. The program provides up to 12 weeks of family leave and up to 20 weeks of medical leave to eligible covered individuals. No more than 20 weeks of family leave and medical leave in the aggregate may be taken in a 12-month period. An individual is eligible for leave under the program after working 26 weeks or more for any employer in the 12 months prior to submitting an application or if the individual is self-employed and has elected to be part of the program.
The maximum weekly benefit amount is capped at 100% of the state average weekly wage. The weekly benefit amount is 90% of the portion of the covered individual's average weekly wage that is equal to or less than 50% of the state average weekly wage and 67% of the portion of the covered individual's average weekly wage that is more than 50% of the state average weekly wage.
Covered individuals are required to file claims for benefits in accordance with rules adopted by the department and to provide certification that they qualify for family leave or medical leave.
This bill establishes the Family and Medical Leave Insurance Fund to support the program. The funds for administrative costs and payment of benefits will come from payroll contributions by employees.
The bill requires payroll contributions to begin January 1, 2021, and benefits will be paid out beginning January 1, 2022.
LD 1529, An Act Concerning Nondisclosure Agreements in Employment. (Rep. Harnett, D-Gardiner) Joint Standing Committee on Labor and Housing. This bill prohibits employers from requiring agreements that prevent an employee or prospective employee from disclosing or discussing discrimination, including harassment, occurring between employees or between an employer and an employee.
The bill prohibits settlement agreements, unless requested by the employee, prospective employee or former employee, from including a provision that prevents the disclosure of factual information relating to a claim of discrimination, including harassment. Agreements may not explicitly or implicitly limit an individual's ability to provide testimony or evidence, file claims or make reports to any federal or state agency that enforces employment or discrimination laws, including, but not limited to, the Maine Human Rights Commission and the Department of Labor.
An employee, prospective employee or former employee is not liable for damages for breaching a prohibited nondisclosure agreement or a settlement agreement.
LD 1639, An Act To Require Comprehensive Responsible Contracting Practices for Public Construction Projects. (President Jackson, D-Aroostook) Joint Standing Committee on Labor and Housing. Part A, for the purpose of ensuring that the work on public construction contracts is performed by responsible, qualified contractors that maintain the capacity, expertise, personnel and other qualifications and resources necessary to successfully perform public contracts in a timely, reliable and cost-effective manner, establishes responsible contractor requirements for publicly funded construction projects that receive state funds. The Part outlines a responsible contractor certification process to be administered by the Department of Administrative and Financial Services, Bureau of General Services.
Part A also clarifies that, for the purpose of the law requiring fair minimum rate of wages and benefits on public works contracts, "public works" includes any construction projects funded all or in part with state funds. Part A also amends the method of determining the prevailing wage and benefits rate paid in the construction industry to require the Department of Labor, Bureau of Labor Standards to ascertain the applicable wage and benefits rates established in collective bargaining agreements in private construction and includes in benefits wages paid to apprentices in apprenticeship programs registered with the department.
Part B requires the Executive Director of the Workers' Compensation Board or the executive director's designee to immediately issue a stop-work order to an employer who fails to procure workers' compensation insurance coverage. It requires the executive director or the executive director's designee to issue a stop-work order to an employer if the executive director or the executive director's designee finds after a hearing that the employer knowingly misrepresented employees as independent contractors or provided false, incomplete or misleading information to an insurance company on the numbers of employees the employer has for the purpose of paying a lower payment.
Part C encourages the State to use project labor agreements for large-scale state-funded construction projects of $10,000,000 or more. A project labor agreement is a prehire collective bargaining agreement with one or more labor unions that establishes the terms and conditions of employment for a specific construction project.
Part D requires an employer with a public works contract with the State of $50,000 or more to provide to all employees who will be on the construction work site a safety training program that uses a curriculum approved by the United States Department of Labor, Occupational Safety and Health Administration and that is at least 10 hours in duration. Flaggers, security workers and certain other employees not considered to be on the work site are exempt from this requirement. A contractor that violates this safety training program requirement may be assessed a fine of up to $2,500 and an additional fine of $100 per employee for each day of noncompliance.
Part E provides that for public works construction contracts that involve funding from the Federal Government the prevailing wage requirements in state law apply unless the prevailing wage requirements that would otherwise apply under the federal Davis-Bacon Act would result in higher total wages under the contract. An exception is provided for funds received under the United States Housing Act of 1937 if the application of a state prevailing wage is expressly preempted by federal law.
LD 1693, An Act To Enhance Enforcement of Employment Laws. (President Jackson, D-Aroostook) Joint Standing Committee on Labor and Housing. This bill authorizes private persons, acting in the public interest, to enforce the laws governing employment practices and prohibiting unfair discrimination in the workplace.
Under this bill:
1. Private persons or whistleblowers, acting as relators, may bring public enforcement actions of employment laws on behalf of the State;
2. Civic organizations may assist aggrieved persons in reporting violations of employment laws; and
3. Persons who are injured by violations of employment laws are protected from retaliation.
LD 1965, An Act To Set a Minimum Wage for School Support Staff. (Rep. Collings, D-Portland) Joint Standing Committee on Labor and Housing. This bill establishes a minimum wage of $16.00 per hour for school support staff.
LD 2015, An Act To Provide for Leave from Work for Victims of Domestic Violence, Sexual Assault or Stalking. (Rep. Duaghtry, D-Brunswick) Joint Standing Committee on Labor and Housing. This bill allows an employee to take reasonable leave from work, with or without pay, including by reducing the employee's usual number of hours per work day or workweek:
1. To seek legal or law enforcement assistance or remedies to ensure the health and safety of the employee or employee's family members including, but not limited to, preparing for, or participating in, any civil or criminal legal proceeding related to or derived from domestic violence, sexual assault or stalking;
2. To seek treatment by a health care provider for physical or mental injuries caused by domestic violence, sexual assault or stalking or to attend to health care treatment for a victim who is the employee's family member;
3. To obtain, or assist a family member in obtaining, services from a domestic violence shelter, rape crisis center or other social services program for relief from domestic violence, sexual assault or stalking;
4. To obtain, or assist a family member in obtaining, mental health counseling related to an incident of domestic violence, sexual assault or stalking in which the employee or employee's family member was a victim; or
5. To participate in safety planning, temporarily or permanently relocate or take other actions to protect the employee or employee's family members from domestic violence, sexual assault or stalking.
LD 2087, An Act Relating to Fair Chance in Employment. (Rep. Talbot Ross, D-Portland) Joint Standing Committee on Labor and Housing. This bill prohibits an employer from requesting criminal history record information on an initial employee application form, subject to certain exceptions. An employer may inquire about a prospective employee's criminal history record information during an interview or once the prospective employee has been determined otherwise qualified for the position. The bill prohibits an employer from stating on an initial employee application form or advertisement or otherwise asserting that a person with a criminal history may not apply or will not be considered for a position, subject to certain exceptions. The bill provides that if an employer inquires about a prospective employee's criminal history record information, the prospective employee, if still eligible for the position under applicable federal or state law, must be afforded an opportunity to explain the information and the circumstances regarding any convictions, including post-conviction rehabilitation.
Taxation
LD 70, An Act to Support the Trades Through a Tax Credit for Apprenticeship. (Sen. Herbig, D-Waldo) Joint Standing Committee on Taxation. The bill would provide an employer,who employs an apprentice, with a tax credit of up to $2,500 or a partial tax credit depending on how long the apprentice is employed.
LD 71, An Act to Reinstate the Income Tax Deduction for Contributions to College Savings Accounta. (Sen. Guerin, R-Penobscot) Joint Standing Committee on Taxation. The bill would reinstate the income tax deduction for certain contributions to qualified tuition programs under Section 529 of the Internal Revenue Code up to $250 per beneficiary.
LD 73, An Act to Provide an Income Tax Credit for Certain Student Loan Repayments. (Sen. Pouliot, R-Kennebec) Joint Standing Committee on Taxation. The bill wouold provide an income tax credit for certain student loans made by the Finance Authority of Maine or administered by the Finance Authority of Maine.
LD 335, An Act to Require the State to Distribute 25% of Adult Use Marijuana Retail Sales and Excise Tax Revenue to Generating Municipalities. (Rep. Warren, D-Hallowell) Joint Standing Committee on Taxation. The bill does what the title suggests. It would distribute 25% of adult use marijuana retail sales tax to municipalities where the revenue was generated.
LD 403, An Act to Prevent Tax Haven Abuse. (Rep. Ryan Tipping, D-Orono) Joint Standing Committee on Taxation. The bill would require that corporations that file unitary tax returns in Maine to include income from other certain jurisdictions outside the US in net income when apportioning among tax jurisdictions.
LD 420, An Act to Amend the Maine Exclusion Amount in the Estate Tax. (Rep. Collings, D-Portland) Joint Standing Committee on Taxation. The bill would lower the exclusion amount for Maine estate tax from $5,400,000 to $2,000,000.
LD 607, An Act to Provide Equitable Taxation for the Food and Beverage Industry. (Sen. Guerin, R-Glenburn) Joint Standing Committee on Taxation. The bill would allow a deductiont from Maine individual and corporate taxable income for the federal tax credit allowed to an employer for the employer's share of federal social security taxes paid on the portion of the employee's tips that cause the employee's wages to exceed $5.15 per hour.
LD 609, An Act to Provide Municiapalities Additional Sales Tax Revenue from Lodging Sales. (Rep. Terry, D-Gorham) Joint Standing Committee on Taxation. This bill provides an incremental sales tax of 1% for those sales currently subject to the 9% sales tax on lodging. The incremental revenue, after reduction for administrative costs, is returned to the municipality or unorganized territory to which the revenue is attributable. The amount received may not be used to reduce any other state aid or revenue sharing to municipalities or the unorganized territory.
LD 611, An Act to Provide Supplemental Appropriations and Allocations for the Operations of State Government. (Rep. Jorgensen, D-Portland) Joint Standing Committee on Taxation. The bill is a concept draft that proposes to provide supplemental appropriations and allocations necessary for the operations of state government for the fiscal year ending June 30, 2019.
LD 625, An Act to Phase out the Insurance Premium Tax on Annuities. (Rep. Stanley, D-Medway) Joint Standing Committee on Taxation. The bill would phase out the insurance premium tax on annuity considerations over 4 years beginning in 2020.
LD 731, An Act to Amend the Maine Tax Laws. (Rep.Tipping, D-Orono) Joint Standing Committee on Taxation. The bill would propose the amend Maine's Tax Laws.
LD 903, An Act to Improve Corporate Tax Fairness by Amending the Rates Imposed on Corporate Income. (Rep. Cuddy, D-Winterport) Joint Standing Committee on Taxation. The bill would increase corporate income tax rates in Maine. The bill would establish 2 new tax brackets and 3 new rates for tax years beginning on or after January 1, 2020. Under the bill income between $2,000,000 and $3,000,000 would be taxes at a rate of 8.5% and income between $3,000,000 and $3,500,000 would be taxed at a rate of 8.75%. Currently income that falls under these categories are taxed at 8.33%. Also the bill would alsoincrease the top tax rate for income over $3,500,000 from 8.93% to 9%.
LD 977, An Act to Restore the Super Credit for Substantially Increased Research and Development. (Rep. Hepler, D-Woolwich) Joint Standing Committee on Taxation. The bill would reinstate the super credit for qualified research and development expenses that expired back in 2014, for tax years beginning on or after January 1, 2019.
LD 989, An Act to Improve Maine's Tax Laws. (Sen. Chipman, D-Cumberland) Joint Standing Committee on Taxation. The bill proposes to make changes to the tax laws to improve the application and efficacy of the tax laws.
LD 1164, An Act to Improve the Educational Opportunity Tax Credit. (Sen. Pouliot, R-Kennebec) Joint Standing Committee on Taxation. The bill would replace the exisiting educational opportunity tax credit with a new proposed simplified version applicable to tax years after January 1, 2020. The credit for employers is the lesser of the amount the employer paid on behalf of the qualified employee and 20%of the outstanding student loan debt. The credit for the employee would be the lesser of the amount paid on eligible student loans and 15% of the outstdning student loan debt on the date the first education loan is made after degree earned.
LD 1254, An Act to Authorize a Local option Sales Tax on Meals and Lodging and Provide Funding to Treat Opiod Disorder. (Rep. Sylvester, D-Portland) Joint Standing Committee on Taxation. The bill would allow a municipality by referendum to establish a local option tax of 1% on prepared food, and short term lodging.
LD 1929, Resolve Establishing a Commission to Study Fair, Equitable and Competitive Tax Policy for Maine's Working Families and Small Businesses. (Rep. Fecteau) Joint Standing Committee on Taxation. The bill would do what the title suggests, that is, to establish a commission to study the impacts of the State's tax policy on working families and small businesses The Commission would be responsible for developing recommendations designed to ensure that tax policy of the state is fair and equitable while ensuring the State remains competitive.
LD 2008, An Act Making Technical Changes to the Maine Tax Laws. (Rep. Tipping, D-Orono) Joint Standing Committee on Taxation.
LD 2010, An Act to Update References Contained in the Maine Revised Statutes to the United State Internal Revenue Code of 1986. (Rep. Tipping, D-Orono) Joint Standing Committee on Taxation.
LD 2011, An Act to Update Certain Provisions in the Income Tax and Service Provider Tax Laws. (Rep. Tipping, D-Orono) Joint Standing Committee on Taxation. The bill makes changes to the income tax and service provider tax laws.
LD 2008, An Act Making Technical Changes to the Maine Tax Laws. (Rep. Tipping, D-Orono) Joint Standing Committee on Taxation. The bill makes technical changes to Maines tax laws. The bill among other things clarify that thinformation regarding the tax credit for major food processing and manufacturing expon provided to OPEGA is exempt from the confidentiality statute. It also delays the State Tax Assessor's reporting requirement for the Maine Shipbuilding Credit and the tax credit for major food processing and manufacturing.
LD 2010, An Act to Update References Contained in the Maine Revised Statutes to the Unites State Interanl Revenue Code of 1986. (Rep. Tipping, D-Orono) Joint Standing Committee on Taxation. The bill affects the States income tax laws and update references to the US Internal Revenue Code of 1986 contained in the Maine Revised Statutes, Title 36 to refer to the US IRS Code of 1986 as amended through December 31, 2019 for tax years beginning on or after January 1, 2019 and for any priior tax years as specifically provided by the US IRS of 1986 as amended.
Transportation
LD 1034, An Act To Provide Revenue To Fix and Rebuild Maine's Transportation Infrastructure. (Rep. McClean, D-Gorham) Joint Standing Committee on Transportation. This bill does the following for the purpose of increasing revenue to the Highway Fund and for other transportation purposes.
1. It increases certain fees charged by the Secretary of State for driver's license examinations, temporary license plates, nondriver identification cards, duplicate registrations, titles, driver's licenses, nondriver identification cards and transfers of registrations.
2. It increases the sales tax on the short-term rental of automobiles and certain pickup trucks and vans from 10% to 12%.
3. It requires 5% of the sales tax imposed on transportation-related items, such as motor vehicles and products for the repair and maintenance of motor vehicles, such as motor oil, batteries and tires, to be transferred to the Highway Fund on a monthly basis.
4. Beginning October 1, 2019, it increases the tax imposed on gasoline to 36.5¢ per gallon and the tax imposed on special fuel to 37.7¢ per gallon.
LD 1093, An Act To Authorize a General Fund Bond Issue To Invest in Maine's Railroad Infrastructure. (Sen. Claxton, D-Auburn) Joint Standing Committee on Appropriations and Financial Affairs. The funds provided by this bond issue, in the amount of $50,000,000, will be used for investments in railroad infrastructure to expand passenger rail service, with a priority for railroad track corridors that could support passenger and freight intermodal operations and enhance the movement of agricultural products.
Utilities and Energy
LD 13, An Act To Allow Microgrids That Are in the Public Interest. (Rep. Devin, D-Newcastle) Joint Standing Committee on Energy, Utilities and Technology. This bill directs the Public Utilities Commission to approve a petition to construct and operate a new microgrid if the commission finds the proposal to be in the public interest and the new microgrid meets other specified requirements. It provides the commission with the ability to impose such terms, conditions or requirements as, in its judgment, it considers necessary in approving a new microgrid and also gives the commission oversight to ensure reliability and security of the electrical system and consumer protections for new microgrid consumers. It specifies that a new microgrid does not become a public utility as a result of its furnishing electrical service to participating consumers. It provides that a new microgrid that has been approved by the commission may construct, maintain or operate its lines in, upon, along, over, across or under the roads and streets. The bill directs the Public Utilities Commission to submit a report to the joint standing committee of the Legislature having jurisdiction over energy and utility matters by January 15, 2021.
LD 173, An Act To Promote Economic Development and Critical Communications for Family Farms, Businesses and Residences by Strategic Public Investment in High-speed Internet. (Rep. McCrea, D-Fort Fairfield) Joint Standing Committee on Energy, Utilities and Technology. This bill is a concept draft pursuant to Joint Rule 208.
This bill proposes to increase funding to the ConnectME Authority from $1,000,000 to $5,000,000 to expand universal broadband and high-speed Internet into rural areas identified as the 6% of the State unserved by high-speed Internet. This bill proposes to make expanding high-speed Internet into unserved rural areas a key emphasis in the economic development of and to multiply the return to the State by directing the ConnectME Authority to use the increased funding to increase the rate of strategic broadband investment and leverage additional federal funding to provide middle-mile and last-mile infrastructure in the unserved areas and to correct broadband deficiencies identified in the ConnectME Authority's baseline update of 2013.
LD 354, An Act To Authorize a General Fund Bond Issue To Encourage the Provision of Reliable High-speed Internet in Rural Underserved Areas of Maine. (Sen. Herbig, D-Waldo) Joint Standing Committee on Energy, Utilities and Technology. The funds provided by this bond issue, in the amount of $20,000,000, will be used for encouraging the provision of reliable high-speed Internet in rural underserved areas of Maine.
LD 564, An Act To Encourage the Installation of Solar Panels on Residential Property. (Rep. Blume, D-York) Joint Standing Committee on Energy, Utilities and Technology. This bill provides a property tax exemption for solar panels and associated equipment installed on residential property that qualifies for a homestead exemption.
LD 790, An Act To Eliminate the Cap on the Number of Accounts or Meters Designated for Net Energy Billing. (Sen. Mirament, D-Knox) Joint Standing Committee on Energy, Utilities and Technology. This bill prohibits the Public Utilities Commission from adopting or amending net energy billing rules pursuant to the Maine Revised Statutes, Title 35-A, section 3209-A to impose any limit on the number of accounts or meters that customers may designate for net energy billing or any limit on the number of customers that may share an interest in a generation facility for which the energy output is credited as part of any net energy billing.
LD 912, An Act To Establish the Wood Energy Investment Program. (President Jackson, D-Aroostook) Joint Standing Committee on Energy, Utilities and Technology. This bill establishes the wood energy investment fund and creates the Wood Energy Investment Program within the Efficiency Maine Trust. The bill specifies that, if the Public Utilities Commission finds that an entity awarded a contract for biomass resources pursuant to Public Law 2015, chapter 483 is not meeting contract requirements and therefore is not qualified to receive the full contract payment or any contract payment, those funds that would have been paid had contract requirements been met must be transferred to the wood energy investment fund. It also specifies that any funds remaining in the cost recovery fund established in Public Law 2015, chapter 483, section 1, subsection 5 that are not needed to pay above-market costs for biomass resources must also be transferred by the Public Utilities Commission to the wood energy investment fund. It requires the trust to use funds from the fund, if there are any, to provide incentives and low-interest or no-interest loans for new wood-derived thermal energy or cogeneration projects. It requires that the trust consult with the Finance Authority of Maine, when appropriate, in the development of any Wood Energy Investment Program incentives and the distribution of money from the wood energy investment fund. It prohibits the use of funds for incentives or loans for the refurbishment or maintenance of existing facilities.
LD 1080, Resolve, Regarding Biofuel in Number 2 Heating Oil. Emergency (Rep. Riley, D-Jay) Joint Standing Committee on Energy, Utilities and Technology. This resolve directs the Executive Department, Governor's Energy Office to oversee a study of and report to the Joint Standing Committee on Environment and Natural Resources on the feasibility of setting a requirement for the percentage of biofuel to be used in #2 heating oil.
LD 1127, An Act To Expand Community-based Solar Energy in Maine. (Sen. Sanborn, D-Cumberland) Joint Standing Committee on Energy, Utilities and Technology. This bill requires the Public Utilities Commission to direct investor-owned transmission and distribution utilities to enter into long-term contracts with community-based solar photovoltaic energy generating facilities. The total amount of resources procured through these long-term contracts may not exceed 100 megawatts, and 20% of resources procured must come from generators with a capacity of less than 2 megawatts. The bill requires the commission to establish provisions to protect the interests of utility customers over the term of the contracts.
The bill sets forth eligibility requirements for community-based solar resources to enter into long-term contracts. To be eligible, a resource must have a capacity of no more than 10 megawatts, have an in-service date between June 30, 2020 and December 31, 2021 and meet local ownership requirements. In addition, to be eligible, the owners of the resource must:
1. Demonstrate to the Public Utilities Commission completion of an interconnection agreement application with the local transmission and distribution utility;
2. Include a plan to obtain all required federal, state and local permits and approvals;
3. Demonstrate financial capability to operate the resource over the term of the contract;
4. Include a letter or resolution of support from the local community in which the resource is located; and
5. Outline expected economic benefits from the long-term contract to the local community in which the resource is located.
The bill establishes a minimum contract length of 20 years and requires the contract rate to be less than 9 cents per kilowatt-hour and fixed for a period of at least 20 years. Contracts may be for energy or capacity. The contracts may also include renewable energy credits, or the owners of the resource may retain the renewable energy credits associated with the resource, as determined by the owners. Finally, the bill specifies that available energy contracted for under the provisions of this bill must be sold into the wholesale electricity market in conjunction with solicitations for standard-offer supply bids.
LD 1163, An Act Regarding Energy, Utilities and Technology. (Sen. Lawrence, D-York) Joint Standing Committee on Energy, Utilities and Technology. This bill proposes to amend the laws regarding energy, utilities and technology.
Workforce Development
LD 1258, An Act To Increase Access to Transportation for Workforce and Other Essential Transportation Needs. (Rep. Sheats, D-Auburn) Joint Standing Committee on Transportation. This bill requires the quinquennial locally coordinated plan for regional transit submitted by each regional public transportation agency to focus on meeting workforce needs.
This bill also provides funding to the Department of Transportation to support and expand local volunteer driver networks; to create a pilot purchase of service program in a selected region of the State to provide senior citizens and persons with disabilities vouchers to purchase their own transportation services; and for regional transportation providers throughout the State, split evenly between rural and urban areas, to expand their services, including addressing regional workforce needs.
LD 1520, An Act To Create and Sustain Jobs through Development of Cooperatives and Employee-owned Businesses. (Sen. Libby, D-Androscoggin) Joint Standing Committee on Innovation, Development, Economic Advancement and Commerce. This bill supports employee-owned businesses and cooperatives in the following ways.
1. It excludes from Maine income tax the amount of gain, up to a maximum of $750,000 recognized by a business owner in transferring the business to an employee stock ownership plan, eligible worker-owned cooperative, consumer cooperative or affordable housing cooperative.
2. It excludes from Maine income tax interest from loans that finance transfers of ownership from a business to an employee stock ownership plan, eligible worker-owned cooperative, consumer cooperative or affordable housing cooperative.
3. It requires the Department of Economic and Community Development, Office of Business Development to encourage and assist employee-owned businesses by requiring the office to: develop educational programs, including convening an annual conference on employee ownership issues; provide information about employee ownership and technical assistance to retiring business owners, employees of plants threatened with closure and entrepreneurs interested in creating businesses with broadly shared ownership; link Maine businesses interested in implementing employee ownership to available financial, technical and legal resources; and help businesses interested in implementing some form of employee ownership to obtain financing, as well as undertake other duties.
4. It requires the Commissioner of Economic and Community Development to give priority to employee-owned businesses, either established or in the process of becoming employee-owned, when providing loans or grants from funds or programs maintained by the department.
5. It requires the Maine Public Employees Retirement System to conduct a study to determine how funds held by the system may be invested responsibly in employee-owned businesses in this State and to report its findings to the Joint Standing Committee on Innovation, Development, Economic Advancement and Business, which is authorized to report out a bill to the Second Regular Session of the 129th Legislature based on the study and recommendations of the system.
LD 1521, An Act To Expand Skill Development Opportunities for Maine Youth. (Sen. Keim, R-Oxford) Joint Standing Committee on Education and Cultural Affairs. This bill directs the Department of Education, in consultation with the Department of Labor, to develop an internship program for students who are 23 years of age or younger. The internship program developed by the department would authorize participants to receive compensation options, in combination with a variable hourly wage that is equal to or greater than the federal minimum wage, that may include academic credits, credentials of value and stackable credentials. The Department of Education is directed to submit a report outlining the internship program developed, together with any necessary implementing legislation, to the Joint Standing Committee on Education and Cultural Affairs by December 4, 2019. In addition, to facilitate participation in the Maine Apprenticeship Program established under the Maine Revised Statutes, Title 26, section 3202, this bill directs the Department of Labor to calculate the amount of funding and the number of positions it would require in order to establish an apprenticeship coordinator at each career and technical education center in the State and report this information to the Joint Standing Committee on Education and Cultural Affairs by December 4, 2019.
LD 2109, An Act To Implement the Recommendations of the Commission To Study Long-term Care Workforce Issues. (Rep. Hymanson, D-York) Joint Standing Committee on Health and Human Services. This bill implements the recommendations of the Commission To Study Long-term Care Workforce Issues, which was established by Public Law 2019, chapter 343, Part BBBBB, section 1. The bill does the following.
1 It requires direct care workers across the long-term care spectrum to be paid no less than 125% of the minimum wage. It requires the Department of Health and Human Services to adopt rules that take into account the cost of this increased wage in its reimbursement rates.
2 It requires the Department of Health and Human Services to adopt rules to increase reimbursement rates under Chapter 101: MaineCare Benefits Manual and any state-funded programs to take into account costs of providing care and services in conformity with applicable state and federal laws, rules, regulations, training requirements and quality and safety standards, including, but not limited to, increases in the minimum wage, earned paid leave, electronic visit verification, background checks and other costs that are not provided for in the current reimbursement rates.
3 It establishes a long-term care workforce oversight advisory committee to collect and compile data related to workforce shortages and services provided to clients, review progress by the Department of Health and Human Services regarding recommendations provided to the department and the joint standing committee of the Legislature having jurisdiction over health and human services matters, including the recommendations of the Commission To Study Long-term Care Workforce Issues, identify barriers to implementing recommendations and make recommendations on proposals to address long-term care workforce shortages. The oversight committee must submit an annual report to the joint standing committee of the Legislature having jurisdiction over health and human services matters.