weekly
LEGISLATIVE REPORT

From Millicent M. MacFarland, Clerk of the House
State House, Augusta, Maine

Volume XXXI, No. 12

Monday, March 21, 2005

122ND LEGISLATURE

FIRST REGULAR SESSION

BILLS ENACTED

Public Laws

Signed by the Governor
Friday, March 11, 2005

Ch. 3 - An Act To Make Supplemental Appropriations and Allocations for the Expenditures of State Government and To Change Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Year Ending June 30, 2005. (EMERGENCY) (H.P. 383, L.D. 508) (Governor's Bill)

Chaptered copies of the above measures may be obtained from the Engrossing Department, Room 106, State House, 7 State House Station, Augusta, Maine 04333-0007, Ph. 207-287-1649.

BILLS PRINTED AS OF FRIDAY, MARCH 18, 2005

L.D. 1248, H.P. 866
An Act Regarding the Initiation of Cases of Murder and Class A, B and C Crimes in Superior Court by Complaint. (Submitted by the Criminal Law Advisory Commission pursuant to the Maine Revised Statutes, Title 17-A, section 1354, subsection 2.)

L.D. 1249, H.P. 867
An Act To Amend the Crimes of Unlawful Sexual Contact and Unlawful Sexual Touching. (Submitted by the Criminal Law Advisory Commission pursuant to the Maine Revised Statutes, Title 17-A, section 1354, subsection 2.)

L.D. 1250, S.P. 429
An Act Regarding Shellfish Harvesting. (Presented by President EDMONDS of Cumberland)

L.D. 1251, S.P. 430
Resolve, To Establish a System for Verification of Proficiency for Prelingually Deaf Candidates for Teacher Certification. (Presented by President EDMONDS of Cumberland)

L.D. 1252, S.P. 431
An Act To Lower the Cost of and Streamline the Legislative Process. (Presented by Senator NUTTING of Androscoggin)

L.D. 1253, S.P. 433
Resolve, Directing the Department of Inland Fisheries and Wildlife To Adopt and Follow a Rules Policy Regarding Inland Fishing. (Presented by Senator DAVIS of Piscataquis)

L.D. 1254, S.P. 434
An Act Concerning Concealed Firearms Permits. (Presented by Senator DAVIS of Piscataquis)

L.D. 1255, S.P. 435
An Act To Ensure Environmental Justice. (Presented by Senator STRIMLING of Cumberland)

L.D. 1256, S.P. 436
An Act To Ensure Public Awareness of Pesticide Applications. (Presented by Senator STRIMLING of Cumberland)

L.D. 1257, S.P. 437
Resolve, Authorizing Dominic LaJoie To Sue the Department of Agriculture, Food and Rural Resources. (Presented by Senator MARTIN of Aroostook)

L.D. 1258, S.P. 438
An Act To Provide for Department of Labor Services and Other Services in Unorganized Territories. (Presented by Senator MARTIN of Aroostook)

L.D. 1259, S.P. 439
An Act To Sustain Maine Schools and Libraries. (Presented by Senator ROSEN of Hancock)

L.D. 1260, S.P. 440
An Act To Establish Daily Loss Limits Relating to Slot Machines and Certain Games of Chance. (Presented by Senator ANDREWS of York)

L.D. 1261, S.P. 441
An Act To Allow Physicians Licensed in Other States but Trained outside the United States To Practice Medicine in Maine. (Presented by Senator SCHNEIDER of Penobscot)

L.D. 1262, S.P. 442
Resolve, To Establish the Commission To Study the Licensing Conflicts between the Department of Agriculture, Food and Rural Resources and the Department of Health and Human Services. (Presented by Senator COWGER of Kennebec)

L.D. 1263, S.P. 443
An Act To Contain Costs, Reduce Paperwork and Streamline the Regulatory Process for Maine's Small Businesses. (Presented by Senator BROMLEY of Cumberland)

L.D. 1264, S.P. 444
An Act To Amend Maine's Estate Tax Law. (Presented by Senator MILLS of Somerset)

L.D. 1265, S.P. 445
An Act To Protect Aquifers. (Presented by Senator MITCHELL of Kennebec)

L.D. 1266, S.P. 446
An Act To Ensure Integrity in the Voting Process. (Presented by President EDMONDS of Cumberland)

L.D. 1267, S.P. 447
An Act To Extend the Kim Wallace Adaptive Equipment Loan Program. (EMERGENCY) (Presented by Senator MITCHELL of Kennebec)

L.D. 1268, S.P. 448
An Act To Amend the Law on Junkyards, Automobile Graveyards and Automobile Recycling Businesses. (Presented by Senator COWGER of Kennebec)

L.D. 1269, S.P. 449
An Act To Change the Retirement Eligibility Requirements for Investigators in the Office of the Attorney General and the Department of the Secretary of State. (Presented by Senator BARTLETT of Cumberland)

L.D. 1270, S.P. 450
Resolve, To Increase Prospective Interim Payments to Certain Rural Hospitals. (Presented by Senator DAMON of Hancock)

L.D. 1271, H.P. 868
An Act Regarding the Possession of an Electronic Weapon. (Presented by Representative BLANCHETTE of Bangor)

L.D. 1272, H.P. 869
An Act To Ensure Compliance with the Federal Americans with Disabilities Act for Court Facilities. (Presented by Representative PELLETIER-SIMPSON of Auburn)

L.D. 1273, H.P. 870
An Act To Improve Economic Development of the Penobscot Nation. (Presented by Representative SOCKALEXIS of the Penobscot Nation)

L.D. 1274, H.P. 871
An Act To Allow Indian Tribes To Operate Slot Machines. (Presented by Representative SOCKALEXIS of the Penobscot Nation)

L.D. 1275, H.P. 872
An Act To Protect Certain Private Information Submitted to Municipalities. (Presented by Representative BIERMAN of Sorrento)

L.D. 1276, H.P. 873
An Act To Prohibit the Use of Foreign Labor Unless a Federal Prevailing Wage Is Set. (Presented by Representative JACKSON of Fort Kent)

L.D. 1277, H.P. 874
An Act Regarding Speech-language Pathology Aides. (EMERGENCY) (Presented by Representative SHERMAN of Hodgdon)

L.D. 1278, H.P. 875
An Act Requiring Long-range Budget Planning. (Presented by Representative WOODBURY of Yarmouth)

L.D. 1279, H.P. 876
Resolve, To Study Improving the Affordability and Predictability of College Tuition for Maine Students. (Presented by Representative FARRINGTON of Gorham)

L.D. 1280, H.P. 877
Resolve, To Name the New Augusta Bridge. (Presented by Representative LERMAN of Augusta)

L.D. 1281, H.P. 878
An Act To Ensure That Direct Initiatives Have Local Support. (Presented by Representative CLOUGH of Scarborough)

L.D. 1282, H.P. 879
An Act To Clarify the Process To Enforce Dig Safe Requirements. (Presented by Representative BLISS of South Portland)

L.D. 1283, H.P. 880
An Act To Allow Applicants for Limited Radiographer Licenses To Take Qualifying Views. (Presented by Representative PINKHAM of Lexington Township)

L.D. 1284, H.P. 881
Resolve, To Provide Increased MaineCare Reimbursement Rates to Physicians with High Ratios of MaineCare Patients. (Presented by Representative MARRACHÉ of Waterville)

L.D. 1285, H.P. 882
Resolve, Directing the Secretary of State To Develop a Titling System for Mobile Homes. (Presented by Representative THOMAS of Ripley)

L.D. 1286, H.P. 883
An Act To Require Additional Disclosure Regarding Private Mortgage Insurance. (Presented by Speaker RICHARDSON of Brunswick)

L.D. 1287, H.P. 884
An Act To Allow the Use of All Muzzle-loading Firearms during Muzzle-loading Deer Season. (Presented by Representative ANNIS of Dover-Foxcroft)

L.D. 1288, H.P. 885
An Act To Reduce Costs and Improve Efficiency of the Maine Criminal Justice System. (Presented by Representative BURNS of Berwick)

L.D. 1289, H.P. 886
An Act Allowing Liquor Tasting Events. (Presented by Representative TUTTLE of Sanford)

L.D. 1290, H.P. 887
An Act To Improve Funding for Telecommunications Relay Services. (Presented by Representative BLISS of South Portland)

L.D. 1291, H.P. 888
An Act To Fund Fully the Purchase of Military Time. (EMERGENCY) (Presented by Representative ANNIS of Dover-Foxcroft)

L.D. 1292, H.P. 889
Resolve, To Study the Citizen Initiative Process. (Presented by Representative SAVIELLO of Wilton)

L.D. 1293, H.P. 890
An Act To Assist Families and Children by Increasing Access to the Court System. (EMERGENCY) (Presented by Representative PELLETIER-SIMPSON of Auburn)

L.D. 1294, H.P. 891
RESOLUTION, Proposing an Amendment to the Constitution of Maine To Define Marriage. (Presented by Representative DUPREY of Hampden)

L.D. 1295, H.P. 892
An Act To Establish the Maine Enterprise Commerce Center of Augusta. (Presented by Representative MOODY of Manchester)

L.D. 1296, H.P. 893
An Act To Provide for Victims of Trafficking. (Presented by Representative MARRACHÉ of Waterville)

L.D. 1297, H.P. 894
An Act To Provide Just Compensation for Established Businesses During Eminent Domain Proceedings. (Presented by Representative BRYANT-DESCHENES of Turner)

L.D. 1298, H.P. 895
An Act To Provide Free Hunting and Fishing Permits to Senior Citizens. (Presented by Representative BERUBE of Lisbon)

L.D. 1299, H.P. 896
Resolve, To Establish the Commission to Study the Efficiency of State Business Assistance Services. (EMERGENCY) (Presented by Representative MOODY of Manchester)

L.D. 1300, H.P. 897
An Act To Create the ATV Trail Advisory Council. (EMERGENCY) (Presented by Representative MOODY of Manchester)

L.D. 1301, H.P. 898
An Act To Support Affordable Housing. (Presented by Representative KOFFMAN of Bar Harbor)

L.D. 1302, H.P. 899
Resolve, Establishing The Task Force To Study Cervical Cancer Prevention, Detection and Education. (EMERGENCY) (Presented by Representative MARRACHÉ of Waterville)

L.D. 1303, H.P. 900
An Act To Register Nonbank Loan Officers. (Presented by Representative GLYNN of South Portland)

L.D. 1304, H.P. 901
An Act Concerning Invasive Species and Water Quality Standards. (Presented by Representative SAVIELLO of Wilton)

L.D. 1305, H.P. 902
An Act To Encourage Long-term Holding of Maine Timberland and Sustainable Forest Management. (Presented by Representative FLOOD of Winthrop)

L.D. 1306, H.P. 903
An Act To License Home Building and Improvement Contractors. (Presented by Representative JACKSON of Fort Kent)

L.D. 1307, H.P. 905
An Act Requiring Public Disclosure of Health Care Prices. (Presented by Representative WOODBURY of Yarmouth)

L.D. 1308, H.P. 906
Resolve, To Standardize Procedures for Photographic Lineups. (Presented by Representative MILLS of Farmington)

L.D. 1309, H.P. 907
An Act To Exempt Agricultural Guard Dogs and Herding Dogs from the Barking Dog Ordinances. (Presented by Representative TRAHAN of Waldoboro)

L.D. 1310, H.P. 908
An Act To Ensure Rural Access to Prescription Drugs. (EMERGENCY) (Presented by Representative PINGREE of North Haven)

L.D. 1311, H.P. 909
An Act To Preserve the Integrity of the Fund for a Healthy Maine. (Presented by Representative CUMMINGS of Portland)

L.D. 1312, H.P. 910
Resolve, To Institute a State Magnet School for Languages. (Presented by Representative PARADIS of Frenchville)

L.D. 1313, H.P. 911
Resolve, Establishing an Experimental Moose Lottery for Southern Maine. (Presented by Representative TUTTLE of Sanford)

L.D. 1314, H.P. 912
An Act To Provide Safety Net Funds. (Presented by Representative PINGREE of North Haven)

L.D. 1315, H.P. 913
An Act To Permit Recording Proceedings of the Legislature. (Presented by Representative TRAHAN of Waldoboro)

L.D. 1316, H.P. 914
An Act To Enable the Town of Livermore Falls To Withdraw from Androscoggin County and Join Franklin County. (Presented by Representative MILLS of Farmington)

L.D. 1317, H.P. 915
An Act To Prohibit and Provide Penalties for the Issuance, Manufacture and Use of False Academic Degrees or Certificates. (Presented by Representative CAIN of Orono)

L.D. 1318, H.P. 916
Resolve, To Encourage Personal and Family Financial Management Education. (EMERGENCY) (Presented by Representative BOWEN of Rockport)

L.D. 1319, H.P. 917
An Act To Ban the Use of Traps and Dogs in Bear Hunting. (Presented by Representative DUDLEY of Portland)

L.D. 1320, H.P. 918
An Act To Amend the Child and Family Services and Protection Act. (Presented by Representative VAUGHAN of Durham)

L.D. 1321, H.P. 919
An Act To Establish a Process for the Civil Commitment of Certain Sexual Offenders. (Presented by Representative VAUGHAN of Durham)

L.D. 1322, H.P. 921
Resolve, To Ensure the Effective Implementation of Alewife Restoration on the Sebasticook River Watershed. (Presented by Representative FLETCHER of Winslow)

L.D. 1323, H.P. 922
An Act To Create the Crime of Producing Graffiti. (Presented by Representative BOWLES of Sanford)

L.D. 1324, H.P. 923
An Act To Improve Access to Affordable Prescription Drugs. (Presented by Representative BRAUTIGAM of Falmouth)

L.D. 1325, H.P. 924
An Act To Ensure Continuity of Care Related to Implementation of the Federal Medicare Drug Benefit. (Presented by Representative BRAUTIGAM of Falmouth)

L.D. 1326, S.P. 453
Resolve, Directing the Board of Trustees of the University of Maine System To Institute a Statewide Sports Program. (Presented by Senator MARTIN of Aroostook)

L.D. 1327, S.P. 454
An Act To Prohibit the Use of Mercury Fillings. (Presented by Senator MARTIN of Aroostook)

L.D. 1328, S.P. 455
An Act To Amend the Maine Tree Growth Tax Law To Encourage Public Access. (Presented by Senator MARTIN of Aroostook)

L.D. 1329, S.P. 456
An Act To Require the Workers' Compensation Board To Use the 5th Edition "Guides to the Evaluation of Permanent Impairment" in Assessing Workers' Compensation Injuries Involving the Spinal Column. (Presented by Senator NUTTING of Androscoggin)

L.D. 1330, S.P. 457
Resolve, To Lower the Cost of State Government by Approximately $1,000,000 Annually. (Presented by Senator NUTTING of Androscoggin)

L.D. 1331, S.P. 458
An Act To Set a Deadline for Responses to State Employees Seeking Job Reclassifications or Range Changes. (Presented by Senator MITCHELL of Kennebec)

L.D. 1332, S.P. 459
Resolve, Directing the Department of Education To Establish a Secondary Vocational Education Facility in Washington County. (Presented by Senator RAYE of Washington)

L.D. 1333, S.P. 460
Resolve, To Require the Department of Transportation To Improve Highway Signs in the Greater Augusta Area. (Presented by Senator SAVAGE of Knox)

L.D. 1334, S.P. 461
An Act To Allow School Board Members To Perform Certain Functions in the School. (Presented by Senator SAVAGE of Knox)

L.D. 1335, S.P. 462
An Act To Add Value to Maine Agricultural Products. (EMERGENCY) (Presented by President EDMONDS of Cumberland)

L.D. 1336, S.P. 463
An Act To Promote Economic Development in Commercial and Downtown Areas of the State. (EMERGENCY) (Presented by Senator GAGNON of Kennebec)

L.D. 1337, S.P. 464
An Act To Enhance the Safety of Fire and Emergency Medical Service Personnel. (Presented by Senator NASS of York)

L.D. 1338, S.P. 465
An Act To Limit Human Exposure to Mercury. (Presented by Senator DAMON of Hancock)

L.D. 1339, S.P. 466
An Act To Amend the Laws Governing the Powers and Duties of the Washington County Development Authority. (Presented by Senator RAYE of Washington)

L.D. 1340, S.P. 467
An Act To Amend the Law Governing the Licensure of Interpreters for the Deaf and Hard-of-hearing. (Presented by President EDMONDS of Cumberland)

L.D. 1341, S.P. 468
An Act To Amend the Motor Vehicle Laws. (Presented by Senator DAMON of Hancock)

L.D. 1342, S.P. 469
An Act Reducing Oversight Expense for Decommissioning Nuclear Power Plants To Benefit Electric Ratepayers. (Presented by Senator BARTLETT of Cumberland)

L.D. 1343, H.P. 926
An Act To Simplify Rent and Property Tax Relief. (Presented by Representative EDER of Portland)

L.D. 1344, H.P. 927
An Act To Promote Nonconsumptive Use of Maine's Fish and Wildlife Resources. (Presented by Representative EDER of Portland)

L.D. 1345, H.P. 928
An Act To End the Influence of Special Interest Money in Campaign Financing. (Presented by Representative EDER of Portland)

L.D. 1346, H.P. 929
An Act To Require Employers and Employees To Provide a 2-Week Notice before Terminating Employment. (Presented by Representative TWOMEY of Biddeford)

L.D. 1347, H.P. 930
Resolve, Directing the Public Utilities Commission To Amend Its Rules Governing Net Energy Billing. (Presented by Representative PINKHAM of Lexington Township)

L.D. 1348, H.P. 931
An Act To Increase Funding for Meals on Wheels Program. (Presented by Representative CAMPBELL of Newfield)

L.D. 1349, H.P. 932
An Act To Encourage Neighborhood Schools and To Minimize Sprawl Caused by School Siting. (Presented by Representative PIOTTI of Unity)

L.D. 1350, H.P. 933
An Act Regarding the Office of Substance Abuse. (Presented by Representative PERRY of Calais)

L.D. 1351, H.P. 934
Resolve, Directing the Department of Inland Fisheries and Wildlife To Prepare an Implementation Plan for Recommendations That Were Based on a Review of the Department. (Presented by Representative WATSON of Bath)

L.D. 1352, H.P. 935
An Act To Establish the Office of the Small Business Ombudsman. (Presented by Representative RECTOR of Thomaston)

L.D. 1353, H.P. 936
An Act To Allow Certain School Employees To Collect Unemployment. (Presented by Representative JACKSON of Fort Kent)

L.D. 1354, H.P. 937
An Act To Amend the Procedure for Auditing Municipalities. (EMERGENCY) (Presented by Representative KAELIN of Winterport)

L.D. 1355, H.P. 938
An Act To Prohibit Unfair Charges in Mobile Home Parks. (Presented by Representative SMITH of Monmouth)

L.D. 1356, H.P. 939
An Act To Amend the Maine Criminal Code Regarding Deferred Disposition and Administrative Release. (Presented by Representative SYKES of Harrison)

L.D. 1357, H.P. 940
RESOLUTION, Proposing an Amendment to the Constitution of Maine To Provide for the Popular Election of the Constitutional Officers and the State Auditor. (Presented by Representative CLOUGH of Scarborough)

L.D. 1358, H.P. 941
Resolve, To Establish the Commission To Study Incentives That Foster Small Business Practices That Support the Economic Growth and Well-being of Maine People and Communities. (EMERGENCY) (Presented by Representative WEBSTER of Freeport)

L.D. 1359, H.P. 942
An Act To Amend the Maine Health Data Organization Statutes and To Extend the Operation of the Maine Health Data Processing Center. (Presented by Representative PINGREE of North Haven)

L.D. 1360, H.P. 943
An Act To Improve the Management and Safety of State Correctional Facilities. (Presented by Representative BLANCHETTE of Bangor)

L.D. 1361, H.P. 944
An Act To Enhance Workplace Safety and Health through Substance Abuse Testing and Treatment. (Presented by Representative PERRY of Calais)

L.D. 1362, H.P. 945
An Act Regarding the Maine Criminal Justice Academy. (Presented by Representative BLANCHETTE of Bangor)

L.D. 1363, H.P. 946
An Act To Make Supplemental Highway Allocations for the Expenditures of State Government and To Change Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2006 and June 30, 2007. (EMERGENCY) (Governor's Bill) (Presented by Representative MARLEY of Portland)

L.D. 1364, H.P. 947
An Act To Establish Municipal Cost Components for Unorganized Territory Services To Be Rendered in Fiscal Year 2005-06. (EMERGENCY) (Submitted by the Department of Audit pursuant to the Maine Revised Statutes, Title 36, section 1604.)

L.D. 1365, S.P. 471
An Act To End Discrimination. (Presented by Senator BRENNAN of Cumberland)

L.D. 1366, H.P. 952
An Act To Give Preference to Companies That Provide Livable Wages and Health Insurance to Their Employees. (Presented by Representative LERMAN of Augusta)

L.D. 1367, H.P. 953
An Act To Penalize Companies That Fail To Comply with State Laws. (Presented by Representative LERMAN of Augusta)

L.D. 1368, H.P. 954
An Act To Protect Small Forest Landowners. (Presented by Representative CARR of Lincoln)

L.D. 1369, H.P. 955
Resolve, Directing the Department of Administrative and Financial Services, Bureau of the Budget To Review Unfunded Mandates. (EMERGENCY) (Presented by Representative RINES of Wiscasset)

L.D. 1370, H.P. 956
An Act To Change the Membership of the Inland Fisheries and Wildlife Advisory Council. (Presented by Representative DUDLEY of Portland)

L.D. 1371, H.P. 957
An Act To Provide Additional Funding for Prescription Drugs for Maine's Elderly. (Presented by Representative HOTHAM of Dixfield)

L.D. 1372, H.P. 958
RESOLUTION, Proposing an Amendment to the Constitution of Maine To Establish a Victims' Bill of Rights. (Presented by Representative MILLETT of Waterford)

L.D. 1373, H.P. 959
An Act To Implement Emergency Medical Dispatch Services for E-9-1-1 Calls. (Presented by Representative ADAMS of Portland)

L.D. 1374, S.P. 472
An Act To Require a Surcharge on Probate Documents. (Presented by Senator COWGER of Kennebec)

L.D. 1375, S.P. 473
An Act To Improve Cooperative Energy Purchasing for Schools, Towns and Nonprofits. (Presented by Senator STRIMLING of Cumberland)

L.D. 1376, S.P. 474
An Act To Amend the Laws Governing the Right to Periodic Review under the Maine Juvenile Code. (Presented by Senator STRIMLING of Cumberland)

L.D. 1377, S.P. 475
An Act Regarding Municipally Owned Street Lighting. (Presented by Senator WOODCOCK of Franklin)

L.D. 1378, S.P. 476
An Act To Preserve the Medical Liability Climate in the State by Capping Noneconomic and Punitive Damages. (Presented by Senator TURNER of Cumberland)

L.D. 1379, S.P. 477
An Act To Amend the Maine Wind Energy Act. (Presented by Senator STRIMLING of Cumberland)

Copies of the Bills may be obtained from the Document Room, First Floor, State House, Augusta, Maine 04333-0002 - Ph: 207-287-1408 or by e-mailing a request to webmaster_house@legislature.maine.gov . Please include your mailing address as we can not mail bill text electronically.

Bill text is also available at the Maine Legislature Web Site http://janus.state.me.us/legis - choose "Session Information" to go to the list of available bills. New bills are added every couple of days.

Bill status information is available at http://janus.state.me.us/legis/session.