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.
DIGEST OF LEGISLATION THIS SESSION
This Final Summary of the Second Regular Session of the 129th Maine Legislature discusses legislative initiatives that impact Maine businesses. Elsewhere, we have discussed some of the bills we believe were most significant to the state’s business community. In the following pages, we summarize the wide variety of legislative proposals that the Maine State Chamber tracked this year.
The Maine Legislature adjourned sine die Tuesday, March 17, 2020. In total this session, 145 bills were signed into public law by Governor Mills and there were 30 resolves enacted. Pursuant to the Constitution of Maine, Article IV, Part Third, Section 16, the general effective date for non-emergency laws passed in the Second Regular Session of the 129th Legislature is Tuesday, June 16, 2020 (90 days following adjournment). Emergency measures are effective when signed by the Governor. In this Final Summary, the effective date for emergency legislation is provided in brackets at the end of each write-up.
Please keep in mind that the contents of this newsletter are intended for informational use only and should not be relied upon as legal advice in any sense. All laws and regulations must be applied to each individual situation by experienced legal counsel.
This Final Summary of the Second Regular Session of the 129th Maine Legislature discusses legislative initiatives that impact Maine businesses. Elsewhere, we have discussed some of the bills we believe were most significant to the state’s business community. In the following pages, we summarize the wide variety of legislative proposals that the Maine State Chamber tracked this year.
The Maine Legislature adjourned sine die Tuesday, March 17, 2020. In total this session, 145 bills were signed into public law by Governor Mills and there were 30 resolves enacted. Pursuant to the Constitution of Maine, Article IV, Part Third, Section 16, the general effective date for non-emergency laws passed in the Second Regular Session of the 129th Legislature is Tuesday, June 16, 2020 (90 days following adjournment). Emergency measures are effective when signed by the Governor. In this Final Summary, the effective date for emergency legislation is provided in brackets at the end of each write-up.
Please keep in mind that the contents of this newsletter are intended for informational use only and should not be relied upon as legal advice in any sense. All laws and regulations must be applied to each individual situation by experienced legal counsel.
Bond Issues Legislation
Bond Issues Carried Over to Future Special Session…
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. Farnsworth, 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. (Sen. Chipman, D-Cumberland) Emergency 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 for investment 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-Cumberland) 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.
Bond Issues Carried Over to Future Special Session…
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. Farnsworth, 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. (Sen. Chipman, D-Cumberland) Emergency 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 for investment 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-Cumberland) 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 Legislation
Budget and Finance Enacted…
LD 2126 (PL 616), An Act Making Supplemental Appropriations and Allocations for the Expenditures of State Government, General Fund and Other Funds and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2020 and June 30, 2021. (Rep. Gattine, D-Westbrook) Joint Standing Committee on Appropriations and Financial Affairs.
Budget and Finance Carried Over to Future Special Session…
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.
Budget and Finance Enacted…
LD 2126 (PL 616), An Act Making Supplemental Appropriations and Allocations for the Expenditures of State Government, General Fund and Other Funds and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2020 and June 30, 2021. (Rep. Gattine, D-Westbrook) Joint Standing Committee on Appropriations and Financial Affairs.
Budget and Finance Carried Over to Future Special Session…
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 Legislation
Economic Development Defeated…
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.
Economic Development Carried Over to Future Special Session…
LD 859, An Act To Authorize a General Fund Bond Issue To Fund Equipment for Career and Technical Education Centers and Regions. (Rep. 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.
Economic Development Defeated…
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.
Economic Development Carried Over to Future Special Session…
LD 859, An Act To Authorize a General Fund Bond Issue To Fund Equipment for Career and Technical Education Centers and Regions. (Rep. 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 Legislation
Education Enacted…
LD 359 (PL 556), 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 law 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 law 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 2014 (PL 654), 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 law 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 2072 (R 132), 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.
Education Defeated…
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.
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.
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.
Education Carried Over to Future Special Session…
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 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. (Rep. Farnsworth, D-Portland) Emergency 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
GEN FND TOTAL $150,000 $150,000
GENERAL FUND 2019-20 2020-21
All Other $400,000 $400,000
GEN FND TOTAL $400,000 $400,000
EDUCATION, DEPARTMENT OF
DEPT TOTALS 2019-20 2020-21
GEN FUND $1,500,000 $1,500,000
DEPT 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 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 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 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.
Education Enacted…
LD 359 (PL 556), 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 law 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 law 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 2014 (PL 654), 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 law 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 2072 (R 132), 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.
Education Defeated…
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.
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.
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.
Education Carried Over to Future Special Session…
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 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. (Rep. Farnsworth, D-Portland) Emergency 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
GEN FND TOTAL $150,000 $150,000
GENERAL FUND 2019-20 2020-21
All Other $400,000 $400,000
GEN FND TOTAL $400,000 $400,000
EDUCATION, DEPARTMENT OF
DEPT TOTALS 2019-20 2020-21
GEN FUND $1,500,000 $1,500,000
DEPT 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 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 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 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.
Energy, Utilities, and Technology Legislation
Energy, Utilities, and Technology Carried Over to Future Special Session…
LD 1646, An Act To Restore Local Ownership and Control of Maine’s Power Delivery Systems. (Rep. Berry, D-Bowdoinham) Joint Standing Committee on Energy, Utilities and Technology. This bill creates the Maine Power Delivery Authority as a consumer-owned utility to acquire and operate all transmission and distribution systems in the State currently operated by the investor-owned transmission and distribution utilities known as Central Maine Power Company and Emera Maine.
LD 1748, An Act To Allow for the Establishment of Commercial Property Assessed Clean Energy Programs. (Sen. Sanborn, D-Cumberland) Joint Standing Committee on Energy, Utilities and Technology. This bill allows the Efficiency Maine Trust or a municipality to establish a commercial property assessed clean energy program to finance energy savings improvements on qualifying property.
Energy, Utilities, and Technology Carried Over to Future Special Session…
LD 1646, An Act To Restore Local Ownership and Control of Maine’s Power Delivery Systems. (Rep. Berry, D-Bowdoinham) Joint Standing Committee on Energy, Utilities and Technology. This bill creates the Maine Power Delivery Authority as a consumer-owned utility to acquire and operate all transmission and distribution systems in the State currently operated by the investor-owned transmission and distribution utilities known as Central Maine Power Company and Emera Maine.
LD 1748, An Act To Allow for the Establishment of Commercial Property Assessed Clean Energy Programs. (Sen. Sanborn, D-Cumberland) Joint Standing Committee on Energy, Utilities and Technology. This bill allows the Efficiency Maine Trust or a municipality to establish a commercial property assessed clean energy program to finance energy savings improvements on qualifying property.
Environmental Legislation
Environmental Enacted…
LD 401 (PL Ch. 601), An Act To Preserve State Landfill Capacity and Promote Recycling. (Rep. Tipping, D-Orono) Joint Standing Committee on Environment and Natural Resources. The bill adds definitions to the State’s solid waste management laws for the terms “recycling facility” and “waste generated within the State” and amends certain other related definitions and provisions within the solid waste management laws consistent with those new definitions. It also provides that at least 50% of the waste characterized as recycled by a solid waste processing facility that generates residue requiring disposal must have been reused or recycled through methods other than landfilling but includes specific alternative provisions applicable to certain solid waste processing facilities that process exclusively construction and demolition debris.
Environmental Defeated…
LD 327, An Act To Revise Maine’s Environmental Laws. (Rep. Tucker, D-Brunswick) Joint Standing Committee on Environment and Natural Resources.
Environmental Carried Over to Future Special Session…
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 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.
LD 2104, An Act To Support and Increase the Recycling of Packaging. (Rep. Tucker, D-Brunswick) Joint Standing Committee on Environment and Natural Resources. This bill, which is reported out by the Joint Standing Committee on Environment and Natural Resources pursuant to Resolve 2019, chapter 42, section 2, establishes a stewardship program for packaging to be operated by a stewardship organization contracted by the Department of Environmental Protection following a competitive bidding process. Under that program, producers of packaging pay into a fund based on the amount by weight of packaging material they sell, offer for sale or distribute for sale in the State. Producers can wholly or partially offset this payment obligation by implementing independent programs to recycle packaging of the same material type for which they have a payment obligation and can further reduce their payment obligation by reducing the amount of packaging they sell, offer for sale or distribute for sale in the State, by redesigning that packaging to make it more valuable as a recyclable material or by meeting other program incentive requirements.
Producer payments received by the stewardship organization are used to reimburse eligible municipalities for certain incurred recycling and waste management costs. To be eligible for such reimbursements, a municipality must share with the stewardship organization certain data regarding its incurred recycling and waste management costs. Recycling-related reimbursements to municipalities will be based on the median recycling costs incurred by similarly situated municipalities, while disposal-related reimbursements will be based on per capita disposal costs. The stewardship organization is authorized to use producer payments remaining after all reimbursements are paid to cover operational costs for the program, department fees, investments by the organization in education and infrastructure aimed at improving recycling outcomes in the State and funding for the Maine Solid Waste Diversion Grant Program established under the Maine Revised Statutes, Title 38, section 2201-B.
The committee has not taken a position on the substance of the bill and by reporting this bill out the committee is not suggesting and does not intend to suggest that it agrees or disagrees with any aspect of this bill. The committee is reporting the bill out for the sole purpose of obtaining a printed bill that can be referred to the committee for a public hearing and subsequent committee action in the normal course.
LD 2112, An Act To Limit the Use of Hydrofluorocarbons To Fight Climate Change. (Rep. Tucker, D-Brunswick) Joint Standing Committee on Environment and Natural Resources. This bill prohibits the selling, leasing, renting, installing, use or entering into commerce of any product or equipment that uses or will use a substance that is a hydrofluorocarbon with high global warming potential intended for any air conditioning, refrigeration, foam or aerosol propellant end use as determined by the Department of Environmental Protection in rules. It directs the department to adopt rules to implement the prohibition and specifies the substances and end uses that are to be addressed in the rules. In adopting the initial rules, the department must regulate each substance and end use as specifically provided for in the bill and may not regulate any substance or end use not addressed in the bill. In the future, the department may adopt rules adding or removing substances from the list of prohibited substances or adding or removing end uses.
Environmental Enacted…
LD 401 (PL Ch. 601), An Act To Preserve State Landfill Capacity and Promote Recycling. (Rep. Tipping, D-Orono) Joint Standing Committee on Environment and Natural Resources. The bill adds definitions to the State’s solid waste management laws for the terms “recycling facility” and “waste generated within the State” and amends certain other related definitions and provisions within the solid waste management laws consistent with those new definitions. It also provides that at least 50% of the waste characterized as recycled by a solid waste processing facility that generates residue requiring disposal must have been reused or recycled through methods other than landfilling but includes specific alternative provisions applicable to certain solid waste processing facilities that process exclusively construction and demolition debris.
Environmental Defeated…
LD 327, An Act To Revise Maine’s Environmental Laws. (Rep. Tucker, D-Brunswick) Joint Standing Committee on Environment and Natural Resources.
Environmental Carried Over to Future Special Session…
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 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.
LD 2104, An Act To Support and Increase the Recycling of Packaging. (Rep. Tucker, D-Brunswick) Joint Standing Committee on Environment and Natural Resources. This bill, which is reported out by the Joint Standing Committee on Environment and Natural Resources pursuant to Resolve 2019, chapter 42, section 2, establishes a stewardship program for packaging to be operated by a stewardship organization contracted by the Department of Environmental Protection following a competitive bidding process. Under that program, producers of packaging pay into a fund based on the amount by weight of packaging material they sell, offer for sale or distribute for sale in the State. Producers can wholly or partially offset this payment obligation by implementing independent programs to recycle packaging of the same material type for which they have a payment obligation and can further reduce their payment obligation by reducing the amount of packaging they sell, offer for sale or distribute for sale in the State, by redesigning that packaging to make it more valuable as a recyclable material or by meeting other program incentive requirements.
Producer payments received by the stewardship organization are used to reimburse eligible municipalities for certain incurred recycling and waste management costs. To be eligible for such reimbursements, a municipality must share with the stewardship organization certain data regarding its incurred recycling and waste management costs. Recycling-related reimbursements to municipalities will be based on the median recycling costs incurred by similarly situated municipalities, while disposal-related reimbursements will be based on per capita disposal costs. The stewardship organization is authorized to use producer payments remaining after all reimbursements are paid to cover operational costs for the program, department fees, investments by the organization in education and infrastructure aimed at improving recycling outcomes in the State and funding for the Maine Solid Waste Diversion Grant Program established under the Maine Revised Statutes, Title 38, section 2201-B.
The committee has not taken a position on the substance of the bill and by reporting this bill out the committee is not suggesting and does not intend to suggest that it agrees or disagrees with any aspect of this bill. The committee is reporting the bill out for the sole purpose of obtaining a printed bill that can be referred to the committee for a public hearing and subsequent committee action in the normal course.
LD 2112, An Act To Limit the Use of Hydrofluorocarbons To Fight Climate Change. (Rep. Tucker, D-Brunswick) Joint Standing Committee on Environment and Natural Resources. This bill prohibits the selling, leasing, renting, installing, use or entering into commerce of any product or equipment that uses or will use a substance that is a hydrofluorocarbon with high global warming potential intended for any air conditioning, refrigeration, foam or aerosol propellant end use as determined by the Department of Environmental Protection in rules. It directs the department to adopt rules to implement the prohibition and specifies the substances and end uses that are to be addressed in the rules. In adopting the initial rules, the department must regulate each substance and end use as specifically provided for in the bill and may not regulate any substance or end use not addressed in the bill. In the future, the department may adopt rules adding or removing substances from the list of prohibited substances or adding or removing end uses.
Health Care Legislation
Health Care Enacted…
LD 1975 (PL 605), 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 (PL 653), 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 2096 (PL 666), An Act To Save Lives by Capping the Out-of-pocket Cost of Certain Medications. (Speaker Gideon, D-Freeport) Emergency Joint Standing Committee on Health Coverage, Insurance and Financial Services. This law provides that a health insurance carrier that provides coverage for prescription insulin drugs may not impose a cost-sharing requirement on an enrollee that results in out-of-pocket costs to the enrollee in excess of $35 per prescription for a 30-day supply of insulin. The requirements apply to all health insurance policies issued or renewed on or after January 1, 2021.
The second half of the law authorizes a pharmacist to dispense emergency refills of insulin and associated insulin-related supplies. The amendment requires that the insulin dispensed be in a quantity that is the lesser of a 30-day supply and the smallest available package. The amendment also requires the Maine Board of Pharmacy to adopt rules to establish adequate training requirements and protocols for dispensing insulin. [3/17/2020]
LD 2105 (PL 668), 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.
Health Care Defeated…
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.
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.
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.
Health Care Carried Over to Future Special Session…
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 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.
LD 2110, An Act To Lower Health Care Costs. (President Jackson, D-Aroostook) Joint Standing Committee on Health Coverage, Insurance and Financial Services. This bill establishes the Maine Commission on Affordable Health Care to monitor health care spending growth in the State and also set health care quality benchmarks. The bill also requires the commission to establish health care spending targets for public payors, including separate targets for prescription drugs.
Health Care Enacted…
LD 1975 (PL 605), 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 (PL 653), 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 2096 (PL 666), An Act To Save Lives by Capping the Out-of-pocket Cost of Certain Medications. (Speaker Gideon, D-Freeport) Emergency Joint Standing Committee on Health Coverage, Insurance and Financial Services. This law provides that a health insurance carrier that provides coverage for prescription insulin drugs may not impose a cost-sharing requirement on an enrollee that results in out-of-pocket costs to the enrollee in excess of $35 per prescription for a 30-day supply of insulin. The requirements apply to all health insurance policies issued or renewed on or after January 1, 2021.
The second half of the law authorizes a pharmacist to dispense emergency refills of insulin and associated insulin-related supplies. The amendment requires that the insulin dispensed be in a quantity that is the lesser of a 30-day supply and the smallest available package. The amendment also requires the Maine Board of Pharmacy to adopt rules to establish adequate training requirements and protocols for dispensing insulin. [3/17/2020]
LD 2105 (PL 668), 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.
Health Care Defeated…
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.
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.
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.
Health Care Carried Over to Future Special Session…
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 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.
LD 2110, An Act To Lower Health Care Costs. (President Jackson, D-Aroostook) Joint Standing Committee on Health Coverage, Insurance and Financial Services. This bill establishes the Maine Commission on Affordable Health Care to monitor health care spending growth in the State and also set health care quality benchmarks. The bill also requires the commission to establish health care spending targets for public payors, including separate targets for prescription drugs.
Judiciary Legislation
Judiciary Enacted…
LD 1294 (R 113), 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 directed to produce an interim report for submission to the Joint Standing Committee on Judiciary by September 15, 2021 and a final report to the joint standing committee of the Legislature having jurisdiction over judiciary matters by September 15, 2022. 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.
Judiciary Carried Over to Future Special Session…
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.
Judiciary Enacted…
LD 1294 (R 113), 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 directed to produce an interim report for submission to the Joint Standing Committee on Judiciary by September 15, 2021 and a final report to the joint standing committee of the Legislature having jurisdiction over judiciary matters by September 15, 2022. 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.
Judiciary Carried Over to Future Special Session…
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 Legislation
Labor Defeated…
LD 2015, An Act To Provide for Leave from Work for Victims of Domestic Violence, Sexual Assault or Stalking. (Rep. Daughtry, D-Brunswick) Joint Standing Committee on Labor and Housing.
Labor Carried Over to Future Special Session…
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 2087, An Act Relating to Fair Chance in Employment. (Rep. Talbot Ross, D-Portland) Emergency 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.
Labor Defeated…
LD 2015, An Act To Provide for Leave from Work for Victims of Domestic Violence, Sexual Assault or Stalking. (Rep. Daughtry, D-Brunswick) Joint Standing Committee on Labor and Housing.
Labor Carried Over to Future Special Session…
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 2087, An Act Relating to Fair Chance in Employment. (Rep. Talbot Ross, D-Portland) Emergency 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 Legislation
Taxation Enacted…
LD 2008 (PL 607), 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 Maine's tax laws. The bill among other things clarifies that information regarding the tax credit for major food processing and manufacturing provided to OPEGA is considered exempt from confidentially statutes. 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 to December 31st of each year.
Taxation Defeated…
LD 731, An Act to Amend the Maine Tax Laws. (Rep.Tipping, D-Orono) Joint Standing Committee on Taxation.
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.
LD 1898, An Act Regarding Property Taxes on Certain Energy Generation Projects. (Sen. Sanborn, D-Cumberland) Joint Standing Committee on Taxation.
Taxation Carried Over to Future Special Session…
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. It also would provide for a partial credit if the apprentice is employed for fewer than 2,000 hours during a calendar year.
LD 71, An Act to Reinstate the Income Tax Deduction for Contributions to College Savings Accounts. (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 would 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 proposes to 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. 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 deduction 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 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 replaces the existing 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 outstanding 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 Opioid 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 no more than 1% on prepared food, and short term lodging if approved by a local referendum. The generating municipality would receive 85% of the revenues and the other 15% of revenues would be distributed to all other municipalities across the state.
LD 1929, Resolve Establishing a Commission to Study Fair, Equitable and Competitive Tax Policy for Maine’s Working Families and Small Businesses. (Rep. Fecteau, D-Biddeford) 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. The Commission is directed to submit a report to the Legislature by November 4, 2020.
LD 2010, An Act to Update References Contained in the Maine Revised Statutes to the Unites State Internal 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.
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. The bill extends the service provider tax of 6% to digital audio and visual services or “streaming service”. The bill also conforms Maine income tax laws to the federal net operating loss limitation retroactively to tax years beginning or after January 1, 2018.
LD 2123, An Act to Create Fairness in the Revitalization of Maine’s Paper Industry. (Pres. Jackson, D-Aroostook) Joint Standing Committee on Taxation. The bill creates a 4% refundable tax credit for a paper industry manufacturer that meets certain requirements. The manufacturer must be headquartered or will be headquartered in the State; employs at least 400 employees; make a qualifying investment before January 1, 2024 of at least $15,000,000 to acquire, modernize or improve machinery for the production of paper products at a paper manufacturing facility in this state; does not receive a Maine new markets capital investment credit for the same investment and is located in a high unemployment area.
Taxation Enacted…
LD 2008 (PL 607), 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 Maine's tax laws. The bill among other things clarifies that information regarding the tax credit for major food processing and manufacturing provided to OPEGA is considered exempt from confidentially statutes. 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 to December 31st of each year.
Taxation Defeated…
LD 731, An Act to Amend the Maine Tax Laws. (Rep.Tipping, D-Orono) Joint Standing Committee on Taxation.
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.
LD 1898, An Act Regarding Property Taxes on Certain Energy Generation Projects. (Sen. Sanborn, D-Cumberland) Joint Standing Committee on Taxation.
Taxation Carried Over to Future Special Session…
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. It also would provide for a partial credit if the apprentice is employed for fewer than 2,000 hours during a calendar year.
LD 71, An Act to Reinstate the Income Tax Deduction for Contributions to College Savings Accounts. (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 would 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 proposes to 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. 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 deduction 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 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 replaces the existing 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 outstanding 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 Opioid 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 no more than 1% on prepared food, and short term lodging if approved by a local referendum. The generating municipality would receive 85% of the revenues and the other 15% of revenues would be distributed to all other municipalities across the state.
LD 1929, Resolve Establishing a Commission to Study Fair, Equitable and Competitive Tax Policy for Maine’s Working Families and Small Businesses. (Rep. Fecteau, D-Biddeford) 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. The Commission is directed to submit a report to the Legislature by November 4, 2020.
LD 2010, An Act to Update References Contained in the Maine Revised Statutes to the Unites State Internal 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.
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. The bill extends the service provider tax of 6% to digital audio and visual services or “streaming service”. The bill also conforms Maine income tax laws to the federal net operating loss limitation retroactively to tax years beginning or after January 1, 2018.
LD 2123, An Act to Create Fairness in the Revitalization of Maine’s Paper Industry. (Pres. Jackson, D-Aroostook) Joint Standing Committee on Taxation. The bill creates a 4% refundable tax credit for a paper industry manufacturer that meets certain requirements. The manufacturer must be headquartered or will be headquartered in the State; employs at least 400 employees; make a qualifying investment before January 1, 2024 of at least $15,000,000 to acquire, modernize or improve machinery for the production of paper products at a paper manufacturing facility in this state; does not receive a Maine new markets capital investment credit for the same investment and is located in a high unemployment area.
Transportation Legislation
Transportation Defeated…
LD 1034, An Act To Provide Revenue To Fix and Rebuild Maine’s Transportation Infrastructure. (Rep. McClean, D-Gorham) Joint Standing Committee on Transportation.
Transportation Carried Over to Future Special Session…
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.
Transportation Defeated…
LD 1034, An Act To Provide Revenue To Fix and Rebuild Maine’s Transportation Infrastructure. (Rep. McClean, D-Gorham) Joint Standing Committee on Transportation.
Transportation Carried Over to Future Special Session…
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 Legislation
Utilities and Energy Defeated…
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.
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.
LD 1127, An Act To Expand Community-based Solar Energy in Maine. (Sen. Sanborn, D-Cumberland) Joint Standing Committee on Energy, Utilities and Technology.
LD 1163, An Act Regarding Energy, Utilities and Technology. (Sen. Lawrence, D-York) Joint Standing Committee on Energy, Utilities and Technology.
Utilities and Energy Carried Over to Future Special Session…
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 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. (Rep. Riley, D-Jay) Emergency 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.
Utilities and Energy Defeated…
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.
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.
LD 1127, An Act To Expand Community-based Solar Energy in Maine. (Sen. Sanborn, D-Cumberland) Joint Standing Committee on Energy, Utilities and Technology.
LD 1163, An Act Regarding Energy, Utilities and Technology. (Sen. Lawrence, D-York) Joint Standing Committee on Energy, Utilities and Technology.
Utilities and Energy Carried Over to Future Special Session…
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 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. (Rep. Riley, D-Jay) Emergency 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.
Workforce Development Legislation
Workforce Development Defeated…
LD 1521, An Act To Expand Skill Development Opportunities for Maine Youth. (Sen. Keim, R-Oxford) Joint Standing Committee on Education and Cultural Affairs.
Workforce Development Carried Over to Future Special Session…
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 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.
Workforce Development Defeated…
LD 1521, An Act To Expand Skill Development Opportunities for Maine Youth. (Sen. Keim, R-Oxford) Joint Standing Committee on Education and Cultural Affairs.
Workforce Development Carried Over to Future Special Session…
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 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.