The Legislature’s Transportation Committee met with a subcommittee of MMA’s Legislative Policy Committee and MDOT Commissioner John Melrose to discuss the proposal to shift the Local Roads Assistance Program’s (LRAP) funding off the Highway Fund and into an annual bond referendum. The meeting was arranged to give municipal officials an opportunity to meet in an informal setting with the Committee that will ultimately determine how the Highway Fund is allocated.

MDOT’s proposal to fund the Local Road Assistance Program with funds from the State’s annual bond sale has been met with both concern and alarm by local officials.

The change to bond funds would make significant changes to the local roads program:

• All funds received for local road assistance must be used for ‘capital’ improvement projects only.

• Municipalities would receive one annual payment rather than the quarterly payment schedule used today.

• Municipalities would not be permitted to use their LRAP funds to pay off existing bonds for completed capital improvement projects.

Since learning the details of this proposal several weeks ago, Maine’s municipal officials have expressed their opposition to tying the local roads funds to the uncertainty of a bond program that must be passed by voter referendum. Concerns are also expressed regarding the loss of flexibility needed to target local priorities.

Dedicating the funds received under the program to capital improvements would mean that only projects with a life expectancy of 10 years would be eligible under LRAP’s proposed new design. Capital improvement work may include projects as simple as drainage contouring and culvert work, but would exclude maintenance paving and equipment purchases.

Winter operations and maintenance projects would have to be funded with revenues raised at the local level.

The current program’s intent to aid municipalities in maintaining and improving their roads would lose the flexibility designed into it to allow local officials to decide how best to manage their road budgets. Under MDOT’s proposal, local officials would no longer have the flexibility to use LRAP funds for winter operations or contribute towards the sudden need to replace a piece of equipment.

Over the years, the Highway Fund has been siphoned off to support programs traditionally funded by the General Fund. The Agriculture Department, District Attorney’s Office, and the Department of Public Safety are all supported to some extent by the Highway Fund.

The Department’s budget proposal would move the District Attorneys’ Offices and Agriculture Department off the Highway Fund. The Public Safety Department would receive 60% of its funding from the highway fund, down from the current level of 88%.

Moving these budget lines back to the General Fund returns to MDOT the ability to focus spending on state highway repaving, increase the local bridges program by 50% and restore funding for sand and salt shed reimbursements.

Over the next biennium the Highway Fund will receive $297,746,000 from the fuel tax, $113,585,000 from auto registrations and $21,968,000 from miscellaneous sources and inspections. Over the same biennium the Local Road Assistance Program will distribute $39 million to municipal governments, representing 9% of state generated highway fund revenues.

MDOT’s bond package proposes a $40.5 million Highway Fund bond on the November 1997 ballot for the Local Road Assistance Program, $30 million bridge bond, and a $9 million bond for airports, ferries, marine and rail projects as a single ballot question. This would leverage $230 million of federal funds.

MDOT Budget Could be Decided in Next Few Weeks.

With the highway budget expected to be moved out of the Transportation Committee in the next few weeks the subcommittee of MMA’s Legislative Policy Committee is working to ensure a funding source that will make sure all municipalities receive their share of revenues raised by the highway fund and provide the flexibility municipal officials need to target local road assistance dollars to community priorities. Changes in the Highway Fund cannot become a new method of shifting financial responsibilities from the State’s tax base to the property tax.

Municipal Officials Need to Contact Their Legislators.

Many legislators are unaware how important the local roads assistance program is to municipalities. Contact your legislator and let them know how important this program is for maintaining and improving the local road system.

It is critical that your legislator understand:

• How you spend your road budget

• The importance of the Local Road Assistance Program for maintaining local roads.

• The need for flexibility to target local priorities.

AN AFTERNOON OF TREE GROWTH

No fewer than seven bills dealing with the Tree Growth program were presented to the Committee on Taxation Wednesday afternoon.

Two bills dealt with the "late filing" municipalities. Current law requires towns to file their Municipal Valuation Returns (MVR), which include local Tree Growth data, by November 1 of every year or within 30 days of commitment, whichever comes later. If the MVR is not filed in a timely manner, the entire Tree Growth reimbursement due the municipality is permanently withheld by the state.

LD 357 would provide a 30-day grace period after the required due date, and apply a less harsh financial penalty for late filing after the grace period had passed, so long as the MVR is filed within a year of the due date.

On the same issue, LD 655 would reimburse to 48 towns that filed late last year the $186,000 they collectively forfeited.

A third Tree Growth bill, LD 631, would repeal the Tree Growth program, phasing it out over a five-year period.

LD 675 would amend the section of Tree Growth law regarding the proration of the special Tree Growth assessment between the owner of the Tree Growth land and the owner of timber rights on that property. Under current law, the proration is fixed, with the landowner exposed to 10% of the assessment, and the timber deed owner exposed to 90% of the assessment. LD 675 would allow variations on that proration, by the mutual agreement of the parties.

Two of the seven bills would restore full funding to the Tree Growth reimbursement program. LD’s 645 and 796 would join the Governor’s biennial budget (as recently amended in this regard) to increase the amount of state revenues available to reimburse municipalities for a percentage of the tax revenue lost due to Tree Growth classifications from $2.1 million a year, which is where the reimbursement level has been stuck for half a decade, to approximately $5.5 million a year.

Finally, LD 972 would prevent the Legislature from shortchanging municipalities in the future by skimping on reimbursement. Under the current system, the landowners pay a tax based on the Tree Growth per-acre capitalization rate, and the municipalities are reimbursed for 90% of the difference between the taxes generated at that rate of assessment and the taxes that would have been generated if the property were assessed at the "undeveloped acreage" rate. Under LD 972, the "reimbursees" would be switched. The municipalities would assess the property at its undeveloped acreage rate and the landowners who are classified under Tree Growth would submit their proof of payment to the State Tax Assessor, who upon verification would send the appropriate reimbursement to the taxpayer.

Several selectmen and municipal assessors testified in support of the late filing legislation, citing a number of "good cause" reasons why their municipalities did not make the deadline last year. In one case, the MVR was placed in the mail system in the state government complex and got lost for several weeks. In another case, a busy municipal assessor called the Bureau near the filing deadline and was allegedly advised to get the MVR in "when you can," with no mention of the penalty. In other cases, school budget battles kept towns from committing their taxes until early Winter, and the confusion of the process caused them to miss their deadline by days or a couple of weeks.

Testimony on the other bills came from the Small Woodlot Owners of Maine, the large landowners, the Natural Resources Council of Maine, the Maine Audobon Society, the Maine Forest Service, the Maine Coast Heritage Trust, and several citizens.

Without exception, the testimony supported full funding of Tree Growth reimbursement and opposition to the proposal to repeal the program. The small woodlot owners, the large woodlot owners, the Maine Forest Service, the Natural Resources Council of Maine, and the first assessor of Dennistown Plantation all opposed LD 972, which would directly link the property owners to the reimbursement program.

The bills are scheduled to be "worked" by the Committee during this upcoming week.

The Maine Press Association advanced the first bill in its legislative portfolio this session on Tuesday afternoon before the Judiciary Committee. Sponsored by Representative Kyle Jones (Bar Harbor), LD 325 would repeal a law enacted in 1995 which made E-911 recordings confidential. The E-911 recordings are those phone calls people make in emergency situations to certain dispatch centers. If enacted as written, LD 325 would give the press and the general public the right to listen to those recordings and use the recorded information in newspaper reports or radio or television broadcasts.

A manager at the Lewiston Daily Sun, the General Manager of a Bangor-based television station, and Doug Rooks, the editor of the Maine Times and President of the Maine Press Association testified in favor of the legislation. The arguments used to support the bill were that access to this information was necessary to ensure that the public safety departments were being fully responsive and performing their jobs. It was also pointed out that the recordings were not confidential until the enactment of the law in 1995 and yet the press did not abuse or exploit its access to the potentially private and sensitive information when it had access to it.

The main point made by the various press representatives was that any impact on privacy rights by removing confidentiality was incidental to a broader public purpose of full press access to the governmental activity.

Opposition testimony came from many quarters. Steve Bunker, from Maine’s Department of Public Safety, pointed out that unrestricted access would allow an offender to find his or her victim.

Representatives from the Coalition Against Domestic Abuse and the Coalition Against Sexual Assault expressed concerns their clients have with the idea of their emergency calls being subject to publicity.

Winthrop’s Police Chief Joe Young, speaking for several law enforcement associations, spoke against the bill, as did an advocate for the hard of hearing.

MMA opposed the bill, citing a fundamental difference in philosophy with the Maine Press Association over the Right to Know law as it relates to certain privacy rights. As important as the Right to Know law is to keep the activities of government fully in the sunshine, it is not the case that just because a person needs to use a service provided by government, that individual must therefore waive some fundamental privacy rights, such as the right to a private telephone conversation with a police agency, or the right not to have personal medical information available for public scrutiny, or the right to keep a low profile with respect to people that may wish to inflict harm.

The Committee will hold a work session on LD 325 the afternoon of March 3.

The Maine Senate gave strong approval on Tuesday to a bill that would restore authority to municipalities to enact local rules governing the way tobacco products are sold within the community. LD 211, which was reported out of the Committee on State and Local Government with an 11-1 "ought to pass" vote, would repeal an express preemption in state law enacted in 1995 which prohibits municipalities from enacting ordinances regarding tobacco displays, tobacco product placement and the time of tobacco product sales. Only one such ordinance was enacted in Maine before the Legislature imposed the preemption. The City of Westbrook has an ordinance that effectively requires all tobacco sales to be "vendor assisted."

The debate weighed the interests of home rule against the interests of the tobacco industry and Maine’s merchants, grocers, and convenience store operators. According to several published reports (Mother Jones magazine, May/June 1996; The Nation, February 24, 1997) the tobacco industry and associations representing retail stores are pushing for state-level preemption of municipal authority regarding tobacco sales in many states.

The arguments made on the Senate floor against returning any regulatory authority to the towns and cities were that local government have enough to do without getting involved in the controversy of tobacco sales, that municipal government should not be subject to the costs of holding public hearings and developing ordinances when and if grass roots organizers bring the issue before the local legislative body, and differing local regulations would cause confusion and impose extra costs to the retailers.

Several proponents for the bill rejected those arguments, including Senators Cleveland (Androscoggin), Goldthwait (Hancock), Mills (Somerset), and Nutting (Androscoggin). Their arguments, which easily prevailed, were that local government was not being required to involve itself with the issue of tobacco sales, but merely allowed to deal with the subject if the community wished to. They further argued that it would be patronizing for the Legislature to block a municipal right to engage on this issue on some theory that the preemption actually protected the municipality from itself. Finally, it was pointed out that there are many local rules involving zoning or specific sign requirements that businesses have to learn about, and town meetings and local councils are just as capable as the Legislature in making sure the local rules are fair to the local businesses.

The Senate voted 25-5 to remove this singular preemption from state law. The bill will likely be debated in the House during this upcoming week.

Anyone interested in obtaining the Senate’s roll-call vote on LD 211 should call SFR’s Tina Means (1-800-452-8786).

General Assistance (GA) applicants might have been subject to some form of residency requirement if a bill heard by the Human Services Committee had moved forward to enactment. That result will not happen, however, because the bill’s sponsor came to an understanding of the complexity of the issues, and effectively withdrew the legislation from further consideration this session.

The printed bill, LD 603, was presented to the Committee on Friday, February 21 by Senator Betty Lou Mitchell (Penobscot) on behalf of the bill’s sponsor, Senator Bruce MacKinnon (York), who was unable to make the public hearing.

The printed bill would require all GA applicants to establish residency in a community for six months before becoming eligible for local public assistance. As presented to the Committee, however, it became clear that Senator MacKinnon’s intention was to impose a residency requirement only with respect to applicants who have just arrived in Maine from other parts of the country.

A constituent of Senator MacKinnon’s from Springvale spoke for the bill, describing a situation in that area where a person from New Hampshire allegedly moved to Maine to gain an advantage in the level of public assistance benefits provided here, including General Assistance. This proponent felt that many people cross into Maine for that purpose, creating a special burden on the towns close to New Hampshire.

Many people opposed the bill, including the Maine Civil Liberties Union, homeless and domestic abuse shelter operators, the Maine Welfare Directors Association, and the City of Portland’s welfare office.

MMA opposed the bill for a number of reasons. As printed, the bill would probably run afoul of the law. United States Supreme Court case law going back 30 years could easily be used to strike down a law that would effectively prevent low income people from freely moving throughout the state. To the extent a bill regarding GA applicants coming from out of state could be crafted to meet certain legal standards, it would be almost impossible to administer. In the end, such a law could easily be used to simply deny people General Assistance benefits. Although for some that would send a positive signal that Maine is not a state to migrate to for the purposes of obtaining welfare benefits, the more immediate effect would be to place these people on the street, with no financial support being provided by either the federal or state government. City and town halls in Maine are the historical source of support for people in need, and when the federal and state governments opt out of the welfare programs, the result is to place the burden on municipal government.

At the work session this morning, the Committee was informed that Senator MacKinnon recognized the many issues associated with the bill that needed further study. The Committee acquiesced to the sponsor’s request and voted unanimously "ought not to pass."

The Transportation Committee held a hearing on two bills designed to share a portion of the fines from motor vehicle violations with the law enforcement agency issuing the summons.

Both LD 637 and LD 848 would return a portion of the fines collected for motor vehicle violations to the police agency or political subdivision issuing the summons. Currently fines for motor vehicle violations accrue to the State’s General and Highway Funds.

LD 637 An Act Concerning Shared Compensation for Traffic Violations for Municipalities proposes to add a 20% surcharge to traffic violation fines and return them to the political subdivision issuing the summons.

LD 848 would return 2% of fines collected for motor vehicle moving violations to the issuing law enforcement agency.

In addition LD 637 would make it easier for the collection of fines for violating local traffic ordinances. Municipalities have the authority to adopt local ordinances and issue summonses for traffic violations. But, unlike the state’s system where 80% of the violators waive their court appearance and mail in their fine, persons summoned under a municipal ordinance must appear in court.

This bill would allow fines for violation of municipal traffic ordinances to be handled in the same manner as a summons for violating state traffic laws. Violators wishing to waive their court appearance may mail the fine in within a specified period of time.

Last week’s Bulletin reported on LD 599, a bill that would repeal the $2 per ton tipping fee on ash from Maine’s waste-to-energy facilities that is deposited in landfills. The argument raised by the City of Auburn and MMA to repeal that fee was that the state’s General Fund should be supporting DEP’s Solid Waste Bureau, not the property tax.

That bill was reported out of the Natural Resources Committee "ought not to pass."

This week the Committee heard two bills related to the high cost of solid waste disposal.

LD’s 748 and 967, sponsored by Representatives Tom Bull (Freeport) and Paul Volenik (Brooklin), respectively, would ban the practice of burning household trash in backyard burn barrels. The arguments raised to ban the practice were to reduce pollution and nuisance and to enhance the recycling of the paper products being burned.

Speaking in support of the bills, although effectively opposing any immediate action, the DEP recommended studying the various issues surrounding the practice of backyard burning.

MMA opposed the bill because it seemed too restrictive a response to the problem in light of the fact that the laws already governing outdoor trash burning could be easily brushed up and clarified to significantly lessen the nuisance problems associated with the practice. For example, the law should specify which materials may not be burned in backyard barrels, and penalties for burning prohibited materials, such as plastics and rubber, should be put on the books. In addition, Maine’s presumptive nuisance laws could address inappropriate backyard burning directly, thus making enforcement more straightforward. Several changes of this kind could result in addressing the pollution problems cited without resorting to an outright ban.

The work session for these bills was being held as the Bulletin went to press.

The major property tax relief proposal sponsored by the Speaker of the House Elizabeth H. Mitchell, An Act to Comprehensively Realign the Tax Structure of the State, is moving from the drawing board to the legislative process.

The proposal, as approved by the Legislative Policy Commitee on February 13th, has been transmitted to the Revisors Office to be redrafted into the proper format as a Legislative Document (LD). At that point, the bill’s sponsor will be given an opportunity to review the Revisor’s draft, and then the LD will be printed.

A copy of the draft legislation as prepared by MMA staff and provided to the bill’s sponsors and the Revisor’s Office is available on request to SFR’s Tina Means (1-800-452-8786). The draft proposal has also been posted on MMA’s computer information network, MINet. Just click on MMA Conferences, then click on State and Federal Relations. You’ll find the draft legislation under "Tax Structure."

An article in the February 14th Bulletin indicated that the Maine Town and City Clerks Association (MTCCA) testified in opposition to LD 531, which would remove the statutory reference to suggested evening hours prior to an election that larger municipalities should be open for the purpose of voter registration. As printed, LD 531 would also allow a candidate’s immediate family members to carry absentee ballots.

Although MTCCA did testify in opposition to LD 531, the Clerk’s Association opposed only the provision of the bill concerning absentee ballots. The clerks testifying that the law was flexible enough such that no changes were necessary with respect to the statutory evening hours were not representing MTCCA. The Bulletin apologizes for the error.

(The bill summaries are written by MMA staff and are not necessarily the proposed bill’s statement of fact or an excerpt of the statement of fact.)

LD 1232 – AN ACT to Provide Relief from Barking Dogs (Sponsored by Sen. Small of Sagadahoc)

This bill directs municipalities to adopt ordinances to address the problem presented by barking dogs.

LD 1235 – RESOLVE, to Convene a Study Group to Identify Access to Public Landings and Their Facilities by Persons Engaged in Commercial Fishing (Sponsored by President Lawrence of York; cosponsored by Rep. Wheeler of Eliot)

This resolve directs the Department of Conservation to convene a study group to assist the department in conducting a study to identify ways of preserving and enhancing access to public boat landings and associated facilities by persons engaged in commercial fishing in light of the increasing pressure to limit those areas to recreational use only in many municipalities.

LD 1240 – AN ACT to Authorize a General Fund Bond Issue in the Amount of $5,000,000 to Assist Municipalities to Provide Water and Sewer Service to Areas Zoned by Municipalities for Industrial and Light Industrial Use (Sponsored by President Lawrence of York; additional cosponsors)

The funds provided by this bond issue, in the amount of $5,000,000, will be used by the Department of Economic and Community Development to assist municipalities to provide water and sewer service to areas zoned by municipalities for industrial and light industrial uses.

LD 1285 – AN ACT to Define the Permissible Duties of Part-time and Full-time Law Enforcement Officers (Sponsored by Rep. Bunker of Kossuth Township; additional cosponsors)

This bill requires the Board of Trustees of the Maine Criminal Justice Academy to design and implement by rule, no later than March 1, 1998, an intermediate law enforcement officer training course and recertification program. The intermediate course allows an officer who has completed that course to work independently. Intermediate-level officers must complete 24 hours of rectification training annually.

This bill amends the Government Operations Surcharge Fund provisions by adding 2% to the 10% surcharge scheduled to go into effect January 1, 2001, with that 2% to be paid to the Maine Criminal Justice Academy to fund training and rectification programs.

LD 1124 – RESOLVE, Requiring the Department of Education to Replace the Building Code for Schools (Sponsored by Rep. Plowman of Hampden; additional cosponsors)

This resolve requires the Department of Education to replace the building code, known as "BOCA," that currently applies to school buildings with a safe, reliable building code that is a recognized industry standard but is less expensive to school districts.

LD 1147 – AN ACT to Ensure Consistency Between State and Federal Special Education Requirements (Sponsored by Rep. Clukey of Houlton; additional cosponsors)

This bill ensures that state and federal special education requirements are consistent and that any rule currently in place or to be adopted not exceed federal regulations concerning special education requirements. It requires the Department of Education to identify provisions of a proposed rule anticipated to be more stringent than the corresponding federal statute or regulation and explain the justification for the difference. It further subjects any rule concerning special education currently in existence to the same review requirements.

LD 1260 – AN ACT Allowing Schools to Remain on the School Construction Account Priority List (Sponsored by Rep. Murphy of Kennebunk; additional cosponsors)

This bill establishes that once a school administrative unit has an application for approval of a construction project on file with the Board of Education, it may still seek or obtain local funding for a project. The bill requires the Board of Education to consider the initial application without regard to local funding or any construction that may have occurred while the project was on the list, and requires the board to fund the project when the project rating allows concept and funding approval, based on the initial application.

LD 1199 – AN ACT to Ensure Adequate Nutrition and Support for Low-income Legal Immigrants (Sponsored by Rep. Mitchell of Portland; additional cosponsors) (EMERGENCY)

As a result of passage of the Personal Responsibility and Work Opportunity Reconciliation Act of 1995, many immigrants who are legally residing in the United States will no longer be eligible for assistance from the supplemental security income and food stamp programs. This bill provides state assistance to aged, blind and disabled legal immigrants who will no longer be eligible for assistance from the federal government Supplemental Security Income Program. It also provides food assistance to low-income households no longer eligible for the federal Food Stamps Program. Finally, it requires DHS to help legal immigrants seeking to become naturalized citizens to achieve that status. Immigrants who have become naturalized may once again qualify for assistance from the federal SSI and Food Stamp Programs.

LD 1230 – AN ACT Concerning the Outdoor Gathering Laws (Sponsored by Sen. Benoit of Franklin; cosponsored by Rep. Meres of Norridgewock)

This bill amends the mass gathering laws by establishing health and safety rules to regulate mass outdoor gatherings.

LD 1254 – AN ACT to Restrict the Use of Social Security Numbers (Sponsored by Rep. Vedral of Buxton; additional cosponsors)

This bill expands the prohibition under current law on use of social security numbers to prohibit all businesses, organizations, governmental entities and all other entities operating in the State from requesting a person’s social security number for any purpose, with exceptions. Businesses and the other specified entities may request a person’s social security number when necessary to collect or disperse social security funds and when federal law requires the Federal Government to obtain a person’s social security number from the business. Employers are permitted to request an employee’s social security number without the above limitations.

LD 1259 – RESOLVE, to Phase Out the Maine State Retirement System and Replace it with a System of Individual Retirement Accounts (Sponsored by Rep. Goodwin of Pembroke)

This resolve requires the Commissioner of Administrative and Financial Services to prepare a plan for the gradual phaseout of the MSRS and its replacement with a system of individual retirement accounts that would be completely portable and would require the state to match the employee’s contribution to the account.

LD 1135 – RESOLVE, Regarding Legislative Review of Chapter 374, Rules Regarding the Traffic Movement Standard of the Site Location of Development Law, a Major Substantive Rule of the Department of Environmental Protection, Bureau of Land and Water Quality (Submitted by the Department of Environmental Protection) (EMERGENCY)

LD 1155 – AN ACT to Create a Permanent Funding Source for the Saco River Corridor Commission (Sponsored by Rep. O’Neil of Saco; additional cosponsors)

This bill ensures the existence of clean water within the Saco River Corridor for fishing, boating, tourism, power generation and drinking and to enhance the economies in York County and Cumberland County. The Saco River Corridor Commission has sought, but has not acquired, sufficient sources of revenue to continue to fulfill its mandate. This bill establishes a source of funding by imposing a 1% fee on the sale of water and fire protection.

LD 1217 – AN ACT to Protect the State’s Lakes, Rivers and Coastal Wetlands Through a Comprehensive Watershed Protection Program (Sponsored by Rep. Fuller of Manchester; additional cosponsors)

This bill authorizes the Department of Environmental Protection to conduct a comprehensive watershed protection program designed to protect the State’s lakes, rivers, coastal wetlands and other surface waters from nonpoint source pollution. The program will address both existing and emerging pollution sources that can cause water bodies to experience significant changes in trophic condition, decline in cold water fisheries, harm to marine ecosystems, and economic impacts due to these pollution-induced impacts.

LD 1282 – AN ACT to Require the Department of Environmental Protection to Market Recycled Materials (Sponsored by Rep. Bruno of Raymond)

This bill requires the Department of Environmental Protection to provide marketing services for recyclable materials and establishes a position to provide those services. The bill also imposes a fee on recyclable materials marketed by the department in the amount of 1% of the revenues earned by the seller, to be used to fund the costs associated with providing those services.

LD 1204 – AN ACT to Establish the Maine Disaster Relief Laws (Sponsored by Rep. Davidson of Brunswick; additional cosponsors)

This bill allows disaster relief workers who are state or municipal employees to leave work for up to 15 days each year when asked by the American Red Cross to respond to a disaster. The bill requires the approval of the employer and allows the employee to be paid at the regular rate without any interruption in benefits.

LD 1216 – AN ACT to Allow the Separation of Frye Island from the Town of Standish (Sponsored by Rep. Mack of Standish; additional cosponsors)

This bill allows Frye Island and 200 feet of surrounding waters in Sebago Lake to separate from the Town of Standish and incorporate as the Town of Frye Island, subject to local referendum.

LD 1257 – AN ACT to Require Compensation for Loss of Property Value Due to State or Local Regulation (Sponsored by Rep. Joy of Crystal; additional cosponsors)

This bill requires the state and its political subdivisions to pay property owners when state or local regulations lower the owner’s property value by more than 50%.

LD 1139 – AN ACT to Allow Certain First-year Farmers and Persons Who Fish Commercially Tax-exempt Status (Sponsored by Rep. Joy of Crystal; additional cosponsors)

This bill allows a person doing business farming or fishing to receive a sales tax exemption during the first year of operation if the municipal tax assessor certifies that the person is actually engaged in that business. Currently, such a person may not receive the exemption until the person has filed a Schedule C form retrospectively after the first year of business operation.

LD 1200 – AN ACT to Reform the Maine Tree Growth Tax Law (Sponsored by Rep. Volenik of Brooklin; additional cosponsors)

This bill establishes specific criteria for forest management plans including stocking criteria, that are necessary to qualify for tree growth classification under the Maine Tree Growth Tax Law. This bill requires the Maine Forest Service to conduct periodic, random audits to determine compliance with the plans, and to report the results to the State Tax Assessor. Noncompliance will result in withdrawal of the land from tree growth classification and associated penalties.

LD 1219 – AN ACT to Amend the Tax-exempt Status of Property Owned by Certain Nonprofit Organizations (Sponsored by Sen. Ruhlin of Penobscot; additional cosponsors)

This bill clarifies that a property tax exemption is not allowed for a person or organization providing health care services for profit.

LD 1222 – AN ACT to Provide Equity in the Laws Regarding the Excise Tax Levied on Pickup Trucks (Sponsored by Sen. Ruhlin of Penobscot; additional cosponsors)

This bill changes the method used to determine the excise tax due on pickup trucks based on the purchase price of the vehicle rather than on the maker’s list price.

LD 1249 – AN ACT to Assess Excise Tax on Snowmobiles and All-terrain Vehicles (Sponsored by Rep. Povich of Ellsworth BY REQUEST)

This bill establishes an excise tax on all-terrain vehicles and snowmobiles.

LD 1290 – AN ACT to Clarify Laws Relating to Situs Taxation of Bulk Solid Waste Containers (Sponsored by Sen. Jenkins of Androscoggin; additional cosponsors)

This bill establishes that containers used for the collection of solid waste shall be taxed by the municipality where they are located, not the municipality where the owner of the containers resides.

LD 1227 – AN ACT to Require the Department of Transportation to Improve the Conditions of Any Road that may be Turned Over to a Municipality (Sponsored by Sen. Harriman of Cumberland; additional cosponsors) (EMERGENCY)

This bill requires the Department of Transportation to develop guidelines for determining whether a section of road is in good repair according to generally accepted engineering standards and requires that a section of road be in good repair at the time of transfer to a municipality for future maintenance. It further requires the department to provide a maintenance plan for the section of road being transferred. A municipality’s maintenance responsibility within a compact area is limited to state aid highways. The department could not transfer responsibility for sections of roads classified as "regional highways," which are those state and state aid highways located within town boundaries upon which at least 50% of the traffic traversing the town boundaries. The bill contains a retroactive effective date of January 1, 1997, so that any regional highways transferred after that date are unauthorized.

LD 1280 – RESOLVE, to Provide Funds to Municipalities for Road Upkeep Based on Need (Sponsored by Rep. Bunker of Kossuth Township; additional cosponsors) (EMERGENCY)

This resolve directs the Department of Transportation to establish guidelines to take a municipality’s evaluation and ability to pay into consideration for the formula used in the disbursement of funds for maintenance of local roads.

Room 120, State Office Building, 1:00 p.m.

Tel. 287-3125

LD 947 – An Act to Include Youth in Public Service (Sponsor: JENKINS)

Room 437, State House, 9:30 a.m.

Tel. 287-4149

LD 767 – An Act to Clarify Sanitary District and Sewer District Authority to Adopt Impact Fees (Sponsor: DEXTER)

1:30 p.m.

LD 553 – An Act to Clarify Certain Department of Environmental Protection Prohibitions (Sponsor: SAVAGE by request)

LD 908 – An Act to Amend the Definition of the Term Subdivision in the Site Location of Development Laws (Sponsor: TRUE)

Room 334, State House, 10:00 a.m.

Tel. 287-1330

LD 865 – An Act Regarding the Self-governance of Biddeford Pool (Sponsor: JOYCE)

Room 113, State Office Building, 1:30 p.m.

Tel. 387-4148

LD 934 – An Act to Add One Cent to the Gasoline Tax to Expand the Maine State Ferry Service Between Frenchboro and Bass Harbor and Provide Municipalities with Road Maintenance Revenue (Sponsor: VOLENIK)

Room 124, State Office Building, 9:00 a.m.

Tel. 287-4143

LD 565 – An Act to Require Approval of Municipalities for Construction of Natural Gas Pipelines (Sponsor: COWGER)

LD 858 – An Act to Expand Basic Service Calling Areas to Include All Municipalities Within a School Administrative Unit (Sponsor: MACDOUGALL)

LD 1073 – An Act to Create the Tenants Harbor Standard Water District (Sponsor: SKOGLUND) (EMERGENCY)

LD 935 – An Act to Increase the Debt Limit of the Waldoboro Utility District (Sponsor: SPEAR)

Room 109, State Office Building, 1:00 p.m.

Tel. 287-1312

LD 940 – An Act to Amend the Laws Pertaining to the Boarding of Dogs (Sponsor: GOLDTHWAIT)

Room 438, State House, 1:30 p.m.

Tel. 287-1327

LD 938 – An Act to Include Incorporated Fire Departments Recognized by Any Authority Created by Statute Within the Protection of the Maine Tort Claims Act (Sponsor: KIEFFER)

Room 134, State House, 1:00 p.m.

Tel. 287-1333

LD 870 – An Act to Protect Pension Benefits of Participating Local District Members (Sponsor: RAND)

Room 122, State Office Building, 1:30 p.m.

Tel. 287-4148

LD 927 – An Act to Eliminate the Requirement for a Motor Vehicle Title Upon Registration if the Motor Vehicle is More Than 10 Years Old (Sponsor: WRIGHT)

Room 105, State Office Building, 1:00 p.m.

Tel. 287-1122

LD 910 – An Act to Authorize Court-ordered Supervision of Juveniles (Sponsor: SAXL J)

Room 437, State House, 1:30 p.m.

Tel. 287-4149

LD 583 – An Act to Establish Cost-benefit Analysis for Environmental Rules (Sponsor: WATERHOUSE)

Room 221, State House, 1:30 p.m.

Tel. 287-1552

LD 324 – An Act to Decrease the State’s Share of Real Estate Transfer Taxes (Sponsor: SAVAGE)

LD 478 – Resolve, Requiring a Review of the State’s Tax Policy (Sponsor: TRIPP)

LD 306 – An Act to Guarantee That Real Estate Taxes Are Paid (Sponsor: SPEAR)

LD 202 – Resolve, to Establish the Commission on Comprehensive Tax Reform (Sponsor: LEMAIRE)

LD 414 – Resolve, to Create a Commission to Study the Tax Implications for Municipalities Resulting from the Repeal of the Uniform Property Tax (Sponsor: DAGGETT)

LD 43 – An Act to Decrease the State’s Share of Real Estate Transfer Tax (Sponsor: WHEELER, E)

LD 880 – Resolve, to Determine the Effectiveness of Economic Development Incentives in this State (Sponsor: RAND) (EMERGENCY)

LD 779 – Resolve, to Establish a Commission to Study the Maine Residents Property Tax and Rent Refund Program and Make it More Accessible (Sponsor: CHARTRAND)

LD 784 – Resolve, Directing the Bureau of Taxation to Review Organizations Receiving Tax Exemptions (Sponsor: JOY)

LD 459 – Resolve, to Study Sales Tax Exemptions (Sponsor: SHIAH) (EMERGENCY)

LD 271 – An Act to Allow a Greater Share of the Transfer Tax to Remain in the Counties Where it is Collected (Sponsor: GOLDTHWAIT)

LD 140 – Resolve, to Establish a Commission to Study Methods to Reduce Reliance on the Property Tax to Fund Education (Sponsor: BRENNAN)

LD 770 – An Act Relating to the Application of the Real Estate Transfer Tax to Mobile Home Transfers (Sponsor: SAVAGE)

Room 105, State Office Building, 9:00 a.m.

Tel. 287-1122

LD 616 – An Act to Provide Protection from Assault for Emergency Medical Care Providers (Sponsor: BULL)

Room 120, State Office Building, 9:00 a.m.

Tel. 287-3125

LD 187 – An Act to Provide that Students Receiving Any Services from a School be Counted as Full-time Students for Purposes of State Aid (Sponsor: MCELROY)

LD 872 – An Act to Clarify Certain Provisions of Law Relating to the Method of Sharing of School Costs in the Wells-Ogunquit Community School District (Sponsor: LAWRENCE)

LD 857 – Resolve, to Determine the Appropriate Tuition Rate for Public High School Students Who Live in a Municipality Without a High School (Sponsor: MCELROY)

Room 436, State House, 1:00 p.m.

Tel. 287-1317

LD 787 – An Act to Provide Services for Children in Need of Supervision (Sponsor: BRENNAN)

Room 134, State House, 1:00 p.m.

Tel. 287-1333

LD 1018 – An Act to Strengthen the Sanctions for Failure to Respond to an Employee’s Request for Reason for Termination of Employment (Sponsor: CLEVELAND)

LD 568 – An Act to Implement the Recommendations of the Commission to Study Poverty Among Working Parents with Regard to Raising the Minimum Wage (Sponsor: POVICH)

LD 688 – An Act to Increase Maine’s Minimum Wage (Sponsor: VOLENIK)