weekly
LEGISLATIVE REPORT

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

Volume XXXV, No. 25

Tuesday, June 30, 2009

124TH LEGISLATURE

FIRST REGULAR SESSION

LEGISLATURE ADJOURNED ON JUNE 13, 2009

END OF SESSION ISSUE

BILLS ENACTED

Public Laws

Signed by the Governor
Wednesday, June 17, 2009

Ch. 415 - An Act To Correct Errors and Inconsistencies in the Laws of Maine. (EMERGENCY) (H.P. 1028, L.D. 1475)

Ch. 416 - An Act To Amend the Surcharge for the E-9-1-1 System. (EMERGENCY) (H.P. 210, L.D. 264)

Ch. 417 - An Act To Direct Fines Derived from Tribal Law Enforcement Activities to the Passamaquoddy Tribe and the Penobscot Nation. (H.P. 545, L.D. 796)

Ch. 418 - An Act To Allow Military Personnel Living in Maine To Benefit under the Maine Resident Homestead Property Tax Exemption. (EMERGENCY) (H.P. 44, L.D. 51)

Ch. 419 - An Act To Establish the Maine Commission on Indigent Legal Services. (EMERGENCY) (S.P. 423, L.D. 1132)

Ch. 420 - An Act To Implement the Recommendations of the Blue Ribbon Commission To Study Long-term Home-based and Community-based Care. (EMERGENCY) (S.P. 142, L.D. 400)

Ch. 421 - An Act Relating to Death Benefits for Certain Law Enforcement Officers and Amending the Definition of Emergency Vehicles. (S.P. 135, L.D. 393)

Ch. 422 - An Act To Include Commercial Silvicultural Crop Production in the Sales Tax Exemption for Certain Products Used in Commercial Agricultural Crop Production Activities. (H.P. 338, L.D. 450)

Ch. 423 - An Act To Allow a Court To Award Attorney's Fees in Successful Freedom of Access Appeals. (S.P. 254, L.D. 679)

Ch. 424 - An Act To Amend the Law Regarding Littering on Public Lands. (H.P. 370, L.D. 525)

Ch. 425 - An Act To Amend the Tax Exemption Regarding Leased Property. (S.P. 205, L.D. 545)

Ch. 426 - An Act To Alter the Mechanism by which a Political Party is a Qualified Party. (H.P. 716, L.D. 1041)

Ch. 427 - An Act To Authorize the Social Work Education Loan Repayment Program. (H.P. 494, L.D. 711)

Ch. 428 - An Act To Increase the Jurisdictional Limit for Small Claims. (H.P. 331, L.D. 443)

Ch. 429 - An Act To Amend the Certificate of Need Act of 2002 for Nursing Facility Projects. (H.P. 879, L.D. 1260)

Ch. 430 - An Act To Amend the Maine Certificate of Need Act of 2002 To Change Nursing Facilities Review Thresholds for Energy Efficiency Projects and for Replacement Equipment. (H.P. 803, L.D. 1164)

Ch. 431 - An Act Regarding the Pay of Tribal Representatives. (EMERGENCY) (S.P. 512, L.D. 1428)

Ch. 432 - An Act To Protect Maine Citizens and Franchised New Car and Truck Dealers. (EMERGENCY) (S.P. 571, L.D. 1491) (Governor's Bill)

Ch. 433 - An Act To Protect Benefits for State Retirees. (EMERGENCY) (S.P. 573, L.D. 1496)

Signed by the Governor
Thursday, June 18, 2009

Ch. 434 - An Act Concerning Technical Changes to the Tax Laws. (H.P. 755, L.D. 1093)

Ch. 435 - An Act To Amend the Motor Vehicle Laws. (S.P. 438, L.D. 1190)

Ch. 436 - An Act To Provide Placards to Drivers Who for Medical Reasons Are Not Required To Wear Seat Belts. (H.P. 209, L.D. 263)

Ch. 437 - An Act To Add Combat Action Badges and Ribbons to the Special Commemorative Decals for Veterans License Plates. (H.P. 814, L.D. 1175)

Ch. 438 - An Act To Allow for a Dual Liquor License. (H.P. 681, L.D. 989)

Ch. 439 - An Act To Establish a Health Care Bill of Rights. (H.P. 830, L.D. 1205)

Ch. 440 - An Act To Provide Free Admission to State Parks to All Maine Veterans. (EMERGENCY) (H.P. 1043, L.D. 1488)

Ch. 441 - An Act To Enhance Motorcycle Safety. (H.P. 34, L.D. 39)

Ch. 442 - An Act To Amend the Laws Governing Axle Weights. (H.P. 605, L.D. 874)

Ch. 443 - An Act To Provide a Waiver of the Tuition Remaining after the Application of Federal Department of Veterans Affairs Payments to Veterans Eligible for Benefits under the Post-9/11 Veterans Educational Assistance Act of 2008. (H.P. 752, L.D. 1090)

Ch. 444 - An Act To Extend the Exception to Axle Fines during the Midwinter Season. (EMERGENCY) (S.P. 81, L.D. 240)

Ch. 445 - An Act To Clarify the Rights of Bondholders and Noteholders in the Event a School Administrative Unit with Outstanding Bonds or Notes Is Dissolved or Is No Longer Authorized by Law. (EMERGENCY) (S.P. 572, L.D. 1493)

Signed by the Governor
Friday, June 19, 2009

Ch. 446 - An Act To Establish a Distracted Driver Law. (S.P. 15, L.D. 6)

Ch. 447 - An Act Clarifying the Manner in Which a Person's Alcohol Level Is Determined under Maine Law. (S.P. 532, L.D. 1447)

Ch. 448 - An Act To Improve the Ability of the Department of Education To Conduct Longitudinal Data Studies. (S.P. 491, L.D. 1356)

Ch. 449 - An Act To Amend the Laws Pertaining to Refusing To Submit to Arrest or Detention. (H.P. 447, L.D. 633)

Ch. 450 - An Act To Enact the Uniform Prudent Management of Institutional Funds Act. (H.P. 981, L.D. 1402)

Ch. 451 - An Act To Implement the Recommendations of the Ad Hoc Task Force on the Use of Deadly Force by Law Enforcement Officers Against Individuals Suffering From Mental Illness. (H.P. 805, L.D. 1166)

Ch. 452 - An Act To Ensure That Construction Workers Are Protected by Workers' Compensation Insurance. (H.P. 1008, L.D. 1456)

Ch. 453 - An Act To Clarify the Application of the Public Works Minimum Wage Laws. (H.P. 584, L.D. 849)

Ch. 454 - An Act To Promote Fairness and Protect Economic Development in Transportation Projects Undertaken by the State. (S.P. 294, L.D. 767)

Ch. 455 - An Act To Amend the Laws Governing the Consolidation of School Administrative Units To Delay All Penalties for One Year. (EMERGENCY) (H.P. 225, L.D. 285)

Ch. 456 - An Act Regarding the Payment of Medicare Part B Premiums for Employees Eligible for Medicare. (S.P. 401, L.D. 1083)

Signed by the Governor
Monday, June 22, 2009

Ch. 457 - An Act To Amend the Laws Governing Tournament Games. (H.P. 158, L.D. 193)

Ch. 458 - An Act To Allow the Licensing of Minibars in Hotel Rooms. (H.P. 318, L.D. 430)

Ch. 459 - An Act Regarding Alcoholic Beverage Tastings. (H.P. 353, L.D. 498)

Ch. 460 - An Act To Ensure that Replacement Culverts Permit Fish Passage. (H.P. 937, L.D. 1333)

Ch. 461 - An Act To Reaffirm Maine's Commitment to Business by Amending the Pine Tree Development Zone Laws. (H.P. 1024, L.D. 1473)

Resolves

Signed by the Governor
Wednesday, June 17, 2009

Ch. 135 - Resolve, To Conduct an Updated Study of the Feasibility of Establishing a Single-payor Health Care System in the State and the Impact of Any Federal Health Care Reform. (H.P. 690, L.D. 1002)

Ch. 136 - Resolve, To Establish the Task Force on Kinship Families. (EMERGENCY) (H.P. 770, L.D. 1115)

Signed by the Governor
Thursday, June 18, 2009

Ch. 137 - Resolve, To Create a Working Group To Study Landlord and Tenant Issues. (EMERGENCY) (H.P. 747, L.D. 1080)

Ch. 138 - Resolve, To Establish the Study Commission Regarding Teachers' Compensation. (EMERGENCY) (H.P. 367, L.D. 522)

Signed by the Governor
Friday, June 19, 2009

Ch. 139 - Resolve, Directing the Department of Transportation To Secure Funding To Complete the Aroostook North-South Highway Project. (S.P. 283, L.D. 736)

Ch. 140 - Resolve, To Review Changing the Duties of the State Board of Education. (EMERGENCY) (H.P. 900, L.D. 1297)

Ch. 141 - Resolve, Authorizing the Joint Standing Committee on Legal and Veterans Affairs To Report Out Legislation Regarding the Expansion of Slot Machine and Casino-style Gambling. (H.P. 378, L.D. 533)

Signed by the Governor
Monday, June 22, 2009

Ch. 142 - Resolve, Regarding Legislative Review of Portions of Chapter 61: State Board of Education Rules for Major Capital School Construction Projects, a Major Substantive Rule of the Department of Education. (EMERGENCY) (H.P. 69, L.D. 79)

Constitutional Resolutions

Received in the Office of the Secretary of State
Tuesday, June 23, 2009

Ch. 1 - RESOLUTION, Proposing an Amendment to the Constitution of Maine To Amend the Time Frame for Towns To Certify Citizen Initiative Signatures. (H.P. 789, L.D. 1145)

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.

EIGHTY-EIGHT ITEMS
HELD OVER BY LEGISLATURE

The following matters are held over to any special or regular session of the 124th Legislature by vote of the House and Senate, pursuant to Joint Order House Paper 1053:

Agriculture, Conservation and Forestry

H.P. 442, L.D. 628 - An Act To Allocate Prospective Federal Funding To Support Maine's Dairy Industry

S.P. 262, L.D. 687 - Resolve, To Authorize the Department of Conservation To Place Priority on Access to Certain Prominent Water Bodies under the Land for Maine's Future Fund

S.P. 430, L.D. 1182 - An Act To Prevent Price Gouging in the Sale of Milk

H.P. 857, L.D. 1238 - An Act Concerning the National Animal Identification System

H.P. 858, L.D. 1239 - An Act To Establish a Revenue Source for the Maine Pesticide Education Fund

Appropriations and Financial Affairs

H.P. 659, L.D. 957 - An Act To Establish a New Method of Determining the State Budget

S.P. 503, L.D. 1387 - An Act To Strengthen Maine's Financial Future in Perpetuity

H.P. 1034, L.D. 1481 - An Act To Authorize a General Fund Bond Issue To Fund Energy Efficiency Investments for Maine's Future

Business, Research and Economic Development

S.P. 10, L.D. 1 - An Act To Stimulate Capital Investment for Innovative Businesses in Maine

H.P. 75, L.D. 91 - An Act To Fund the Maine Downtown Center

H.P. 215, L.D. 272 - An Act To License Home Building and Improvement Contractors

S.P. 119, L.D. 355 - An Act To Protect Residential Consumers of Home Heating Fuel

H.P. 479, L.D. 696 - Resolve, To Reclaim Past Unredeemed Beverage Container Deposits

S.P. 478, L.D. 1320 - An Act To Ensure the Availability of Alcohol-free Motor Fuels

S.P. 505, L.D. 1389 - An Act To Create State and Regional Quality of Place Investment Strategies for High-value Jobs, Products and Services in Maine

H.P. 972, L.D. 1393 - An Act To Provide an Exception to the Pine Tree Development Zone Requirements for Seafood Processing Businesses

Criminal Justice and Public Safety

H.P. 406, L.D. 568 - An Act To Amend the Sex Offender Registration Laws

S.P. 305, L.D. 791 - An Act To Prohibit Furnishing a Place for Minors To Use Illegal Drugs

H.P. 783, L.D. 1139 - An Act To Require Internet Service Providers To Retain Records

Education and Cultural Affairs

H.P. 139, L.D. 160 - An Act To Require the Department of Education To Provide an Accounting of School Subsidy Based on Individual Members in a Regional School Unit or Alternative Organizational Structure

S.P. 116, L.D. 352 - An Act To Encourage Veterinary Practice in Maine

S.P. 173, L.D. 470 - An Act To Sustain Nursing Education in Lincoln County

H.P. 389, L.D. 551 - An Act To Improve the Essential Programs and Services Funding Formula

H.P. 408, L.D. 570 - An Act To Improve the Laws Governing the Consolidation of School Administrative Units

Health and Human Services

H.P. 187, L.D. 233 - An Act To Include Independent Practice Dental Hygienists in MaineCare

H.P. 438, L.D. 624 - Resolve, To Implement Certain Recommendations of the Report of the Governor's Task Force on Expanding Access to Oral Health Care for Maine People

H.P. 451, L.D. 637 - An Act To Ensure Services for Adults with Developmental Disabilities

H.P. 484, L.D. 701 - An Act To Fund the Screening and Early Detection Elements of the Statewide Cancer Plan

H.P. 516, L.D. 757 - An Act To Improve the Transparency of Certain Hospitals

H.P. 557, L.D. 821 - An Act To Support Collection and Proper Disposal of Unwanted Drugs

H.P. 881, L.D. 1262 - An Act To Restrict Gifts to Health Care Practitioners from Pharmaceutical and Medical Device Manufacturers

S.P. 462, L.D. 1281 - An Act To Increase the Efficiency and Effectiveness of Licensing Behavioral Health Care Providers

H.P. 940, L.D. 1339 - An Act To Improve Oversight of Pharmaceutical Purchasing

S.P. 495, L.D. 1360 - An Act To Allow Law Enforcement and Family Members To Petition the District Court To Initiate Assisted Outpatient Treatment

H.P. 954, L.D. 1364 - An Act To Stimulate the Economy by Expanding Opportunities for Personal Assistance Workers

H.P. 984, L.D. 1408 - An Act To Establish the Universal Childhood Immunization Program

H.P. 1019, L.D. 1464 - An Act To Amend Licensing, Certification and Registration Requirements for Health Care Providers and Other Facilities

Inland Fisheries and Wildlife

S.P. 315, L.D. 807 - An Act To Improve and Promote Maine's Landlocked Salmon Resources

Insurance and Financial Services

H.P. 15, L.D. 20 - An Act To Require Insurance Companies To Cover the Cost of Prosthetics

H.P. 203, L.D. 257 - An Act To Establish the Health Technology Clinical Committee

H.P. 313, L.D. 425 - An Act To Require Private Insurance Coverage for Certain Services for Children with Disabilities

S.P. 393, L.D. 1059 - Resolve, To Enhance Health Care for Direct Care Workers

S.P. 446, L.D. 1198 - An Act To Reform Insurance Coverage To Include Diagnosis for Autism Spectrum Disorders

H.P. 955, L.D. 1365 - An Act To Establish a Single-payer Health Care System

Judiciary

H.P. 333, L.D. 445 - An Act To Improve Tribal-State Relations

H.P. 374, L.D. 529 - An Act To Create a Traffic Court

H.P. 875, L.D. 1256 - An Act To Prohibit Predispute Mandatory Binding Arbitration Clauses in Consumer Contracts

H.P. 895, L.D. 1289 - An Act To Enact the Uniform Debt Management Services Act

H.P. 968, L.D. 1378 - An Act To Adopt Portions of the Uniform Mediation Act

Labor

H.P. 109, L.D. 125 - Resolve, To Establish the Blue Ribbon Commission To Study the Functions and Operations of the Maine Public Employees Retirement System

H.P. 157, L.D. 192 - An Act To Index the State Minimum Wage to Inflation

H.P. 299, L.D. 403 - An Act To Increase the Minimum Wage

S.P. 356, L.D. 934 - An Act To Clarify Public Sector Employee Fair Choice in Collective Bargaining

Legal and Veterans Affairs

H.P. 49, L.D. 56 - An Act To Join the Interstate Compact on the National Popular Vote

H.P. 569, L.D. 833 - An Act To Distribute Funds Received from the Racino in Bangor to the Department of Health and Human Services, Office of Substance Abuse

H.P. 934, L.D. 1330 - An Act Regarding Gaming by Charitable Organizations

H.P. 946, L.D. 1345 - RESOLUTION, Proposing an Amendment to the Constitution of Maine To Increase the Required Number of Signatures for a Direct Initiative or a People's Veto and To Limit a Direct Initiative to One Subject

H.P. 996, L.D. 1420 - An Act To Alter the Distribution of Maine Clean Election Act Funding to Gubernatorial Candidates

H.P. 997, L.D. 1421 - An Act To Ensure the Perpetual Care of Maine Veterans' Cemeteries

S.P. 521, L.D. 1437 - An Act To Permit Video Gaming for Money Conducted by Nonprofit Organizations

H.P. 107 - Joint Order, To Amend the Joint Rules To Require Agreement with the Legislative Code of Ethics

Marine Resources

S.P. 354, L.D. 932 - An Act To Establish Area Management of Maine's Scallop Fishery

H.P. 935, L.D. 1331 - An Act Regarding Saltwater Recreational Fishing

S.P. 516, L.D. 1432 - An Act To Create a Saltwater Recreational Fishing Registry

Natural Resources

S.P. 341, L.D. 891 - An Act To Amend the Site Location of Development Laws To Include Consideration of Greenhouse Gas Emissions

H.P. 658, L.D. 956 - RESOLUTION, Proposing an Amendment to the Constitution of Maine To Provide Constitutional Protection to the Funds Generated by the Regional Greenhouse Gas Initiative

H.P. 999, L.D. 1423 - An Act To Improve Toxics Use Reduction and Reduce Energy Costs by Maine Businesses

State and Local Government

S.P. 386, L.D. 1022 - An Act To Amend the Laws Governing the Legislative Youth Advisory Council

Taxation

H.P. 60, L.D. 71 - An Act To Raise the Property Tax Exemption for Veterans

H.P. 160, L.D. 195 - An Act To Base the Excise Tax on Vehicles on a Percentage of the Manufacturer's Suggested Retail Price

H.P. 426, L.D. 588 - An Act To Amend the Excise Tax on Motor Vehicles To Reflect Depreciation

H.P. 473, L.D. 659 - An Act To Remove the Sales Tax on Watercraft

H.P. 476, L.D. 662 - An Act To Phase Out the Distribution of the Disproportionate Tax Burden Fund under the State-municipal Revenue Sharing Program over a 5-year Period

H.P. 539, L.D. 788 - An Act To Aid Municipalities and the Unorganized Territory in the Reduction of Property Taxes

H.P. 575, L.D. 839 - An Act To Authorize an Alternative Calculation of the Property Growth Factor for Municipalities with Exempt Personal Property

S.P. 353, L.D. 931 - An Act To Expand the Economic Development Benefit of Tax Increment Financing in Counties That Include Unorganized Territories

S.P. 371, L.D. 993 - An Act To Implement the Recommendations of the Commission To Study the Protection of Farms and Farmland Pertaining to Taxation

H.P. 776, L.D. 1121 - An Act To Protect Elderly Residents from Losing Their Homes Due to Taxes or Foreclosure

H.P. 872, L.D. 1253 - An Act To Establish a Local Option Sales Tax

H.P. 892, L.D. 1273 - An Act To Simplify the Application for Benefits under the Circuitbreaker Program

S.P. 460, L.D. 1279 - An Act To Reduce Income Tax to 4.5% and Remove Low-income Families from Taxation

H.P. 899, L.D. 1296 - An Act To Strengthen the Job Creation Through Educational Opportunity Program

S.P. 481, L.D. 1335 - An Act To Exempt from the Sales Tax Meals Provided at Retirement Facilities

H.P. 1005, L.D. 1449 - An Act To Expand Tax Incentives for Visual Media Productions

Utilities and Energy

H.P. 388, L.D. 543 - An Act Concerning the Allocation of Power Generated by GNE, LLC

S.P. 455, L.D. 1222 - An Act To Promote Geothermal Energy in the State

H.P. 951, L.D. 1350 - An Act To Establish the Maine Transmission Mitigation Trust Fund

S.P. 514, L.D. 1430 - An Act To Ensure Electric Capacity To Serve Maine Consumers

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://www.mainelegislature.org/legis/bills/billtexts.

Bill status information is available at http://legislature.maine.gov/LawMakerWeb/search.asp.

INTERIM STUDIES AND COMMITTEE MEETINGS
APPROVED FOR 2009

Agriculture, Conservation and Forestry Committee Review of LURC Proposed Comprehensive Land use Plan (Chapter 375, Public Laws of 2009)

Task Force on the Sustainability of the Dairy Industry in Maine (Chapter 213, Public Laws of 2009)

Streamlining State Government (Chapter 213, Public Laws of 2009)

Citizen Trade Policy Commission Review of International Trade Agreements (Chapter 385, Public Laws of 2009)

Citizen Trade Policy Commission (10 MRSA, Section 11) (Continuation)

Criminal Justice and Public Safety Committee Review of Litter Control Laws (Chapter 424, Public Laws of 2009)

Resolve, To Establish the Study Commission Regarding Teachers' Compensation (Chapter 138. Resolves of 2009)

Review the Role of the State Board of Education (Chapter 140, Resolves of 2009)

State Council on Educational Opportunity for Military Children (Chapter 409, Public Laws of 2009)

Legislative Youth Advisory Commission (3 MRSA, Section 168-A) (Continuation)

Resolve, To Establish the Task Force on Kinship Families (Chapter 136, Resolves of 2009)

Maine Children's Growth Council (Chapter 392, Public Laws of 2009)

Study the Feasibility of Establishing a Single-payor Health Care System in the State (Chapter 135, Resolves of 2009)

Right to Know Advisory Commission (1 MRSA, Section 411) (Continuation)

Legal and Veterans Affairs Committee development of a comprehensive policy regarding slot-machines and casino-style gambling in Maine (Chapter 141, Resolves of 2009)

Working Group on Landlord Tenant Issues (Chapter 137, Resolves of 2009)

Working Group to Arrange for a Plaque in the Hall of Flags to Honor Women Veterans (Chapter 129, Resolves of 2009)

Working Group to Examine the Legal and Policy Implications of Groundwater Extraction (Chapter 132, Resolves of 2009)

Community Preservation Advisory Group (30-A MRSA, Section 4350) (Continuation)

Taxation Committee review of the Telecommunications Personal Property Tax (Part P-2) (Chapter 213, Public Laws of 2009)

Taxation Committee review of State Tax Assessor reports on Sales Tax (Chapter 382, Public Laws of 2009)

Transportation Committee Review of Highway and Bridge Light Capital Program (Sec. X-4) (Chapter 413, Public Laws of 2009)

Commission to Study Energy Infrastructure (Sec. F-4) (Chapter 372, Public Laws of 2009)

Broadband Strategy Council (Chapter 108, Resolves of 2009)

SESSION LAWS BECOME EFFECTIVE

Regular Bills and Resolves passed during the First Regular Session of the 124th Legislature become effective September 12, 2009. Emergency measures are effective when signed by the Governor.