Finance Committees Look At Property Tax Relief Measures

As is widely known, MMA is trying to develop a proposal that would restructure the tax system of the state for the purpose of reducing the current high reliance on the property tax. Although perhaps not on the same scale as is being presently considered, mechanisms to achieve that same end have been put into place in the past. State-Municipal Revenue Sharing, for example, is a simple property tax reduction system that is currently moving approximately $75 million of "state tax" revenues over to the municipalities every year in order to reduce the property tax.

On Tuesday this week, the Appropriations Committee turned its budget review attention to a few other systems which are certainly not as simple as Municipal Revenue Sharing in design, but they have the same effect.

The "BETR" Program. BETR is the acronym for the Business Equipment Tax Relief Program, which returns to businesses the personal property tax those businesses pay to the municipality on newly installed "qualified business property." $4.7 million was needed to start the program up during this current fiscal year, but the BETR program was projected from the beginning to be a high growth program, and the amount of state General Fund revenues necessary to honor the reimbursements to business would be nearly $14 million in FY 98 and $22.5 million in FY 99.

Governor King has from the very beginning been perhaps the most outspoken proponent of the BETR program. His proposed budget, nonetheless, seeks to trim $5 million from the $36.5 million biennial appropriation as one element of his balanced budget. To accomplish this deappropriation, the definition of "qualified business property" would be amended to exclude electrical utility and similar property, the category of personal property known as "furniture and fixtures," and property that was first placed in service in another state or by another person other than the applicant for the rebate. The business representatives testifying before Appropriations, including representatives of the Paper Industry, all three major public utility companies, the Androscoggin County Chamber of Commerce, NYNEX, Georgia Pacific, and the cable TV industry, characterized the proposed definitional changes as extremely unsettling, inasmuch as they had built BETR program stability into their long-range financial planning. The Administration suggested at the hearing that it was rethinking the proposal to eliminate all used property from program eligibility. The used property provision apparently was instrumental in allowing for the Tambrands expansion in Auburn and other economic development elsewhere.

The Maine Residents Property Tax Program. The proposed change to the state’s $20 million property tax relief program to elderly and non-elderly homeowners and renters is simple. Current law establishes certain income levels above which a person or household is categorically ineligible for the property tax rebate. The base level in the law for single applicants, for example, is $25,000 a year, and the base level for larger households is $35,000. Those levels, however, are indexed for inflation so that every year the income threshold is raised automatically according to the Consumer Price Index. The purpose of the indexing is so a slight increase to a beneficiary’s income will not kick that beneficiary out of the program. The proposed budget would "notwithstand" that indexing provision for the duration of the biennium, thereby freezing the income threshold. The dollar "savings" to the state budget related to this freeze is projected at $322,000 over the biennium.

MMA testified in opposition to the indexing freeze. Property tax relief, in whatever form and by whatever method is available, is the centerpiece of MMA’s legislative agenda in 1997. Freezing a well-designed indexing system in the state’s primary relief program to Maine residents just to save $322,000 is going in the wrong direction. Of the $20 million budgeted for the program this fiscal year, over $5 million has gone unspent not because people don’t need property tax relief, but they don’t know where to find it with the constant and annual programmatic and funding changes. Although not a likely scenario within the existing budget possibilities, MMA suggested that the $5 million that the low-income residents of this state were unable to access should not be lapsed to the General Fund but carried over for the purpose of expanding the program. Ideally, the Circuit Breaker program should be integrated with a Homestead Exemption program to deliver real property tax relief to the average residential taxpayer.

Tree Growth. The Administration hinted at the news about the Tree Growth reimbursement program during the public hearing on that line in the biennial budget, but the Governor made the big announcement during his State-of-the-State message Tuesday evening. The proposed budget as initially drafted would have "flat funded" Tree Growth reimbursement at $2.1 million per year, which is less than 40% of the amount necessary to reimburse the municipalities according to the law. The Governor announced that the proposed budget is going to be amended to fully fund Tree Growth at the legally required $5.6-$5.9 million annual level. With an Appropriations Committee that has been acutely critical of budget proposals that shift money to the property tax, it seems very likely that the Governor’s new full-funding proposal will make its way in the final budget proposal to the full Legislature.

Local Control At Issue In Septage/Sludge Spreading

The Natural Resource Committee’s hearing room filled to overflowing on Wednesday when public testimony was taken on LD #2, An Act to Allow Municipalities to Enact Stricter Standards Regulating Sewer or Septage Sludge.

The bill in simple terms amends current solid waste law to assert that municipalities have the right to adopt septage and sludge spreading ordinances that are stricter than the standards adopted by the DEP.

Senator Jim Libby (York County), the bill’s sponsor, explained to the Committee that the legislation was developed as a result of excessive sludge spreading in the town of Buxton in his district. Senator Libby pointed out that Buxton, as a rural community nearby to urban centers, is the host community to a number of sludge spreading sites. One such operation was described as being particularly obnoxious, involving the spreading of sludge 8" thick on the ground, generating an intense odor that made it impossible for some abutters to even eat in their homes for an extended period of time. Fundamental weaknesses in the current system came to Senator Libby’s attention when sludge storage piles were allowed to remain on site for periods longer than allowed by state regulation, but there appeared to be no enforcement mechanism in place to address the violation and the town felt that its authority was significantly limited by law.

MMA testified in support of the bill, pointing out that: (1) the alleged preemption of municipal ordinances was anything but clearly stated in the law; (2) the nature of this particular land use activity was intense enough to deserve providing the local community with the tools of self regulation; and (3) the laws governing municipal ordinance and fee-setting authority protected people interested in spreading sludge and septage from irrational or obstructive local regulation.

Two citizens spoke in favor of the legislation.

Opposition to the proposal came from wastewater treatment operators, the Maine Farm Bureau and several dairy farmers, a representative from the Cooperative Extension Service, the industry that moves sludge from treatment plant to the farm where it is used as a fertilizer, and one owner of a septage pumping company.

The opposition testimony asserted that septage and sludge are materials that should be recycled into the soil and problems with the activity result from poor application practices and not weak DEP siting rules, which are apparently some of the strictest in the nation.

Opponents also suggested that local opposition to sludge spreading is based on groundless fears and misperceptions about a safe and ecologically important land use activity that is occasionally annoying to neighbors for short periods of time. If municipalities were authorized to regulate sludge spreading, according to the bill’s opponents, the practice would quickly become effectively prohibited throughout the organized part of the state. It was pointed out that the additional costs associated with landfilling treatment plant sludge or otherwise disposing it in a more expensive way than land spreading would be unfairly burdensome to the system ratepayers in the more urban areas where treatment plants are located because those treatment plants serve places of employment, shopping centers, and other places which draw people from all areas of the state.

Based on the questions raised by its members, the Natural Resources Committee appeared to be interested in first educating itself about the current DEP rules on septage and sludge spreading and the degree to which municipalities are currently preempted from enacting rules governing the practice. The Committee also appeared interested in rewriting the section of law regarding the municipal regulation of "solid waste facilities," a term which DEP understands to include septage and sludge spreading sites, to clearly describe what sort of rules and regulations municipalities may apply, and which technical standards will be the DEP’s to establish.

The Committee’s work session on LD 2 is scheduled for 9:30 a.m. Monday, February 3 in Room 437 of the Capitol Building.

Spreading in Plantations

A related bill was also heard by the Natural Resources Committee on Wednesday, LD 198, An Act to Amend the Permitting Laws for Septic Waste Sites. This bill’s sponsor, Representative Dean Clukey (Houlton), told the Committee that the impetus for the bill came from a situation in Cary Plantation where a sizable septage spreading operation was licensed by the DEP even though no local approval was obtained. Current law clearly requires local approval by the municipal officers for a septage spreading operation before a license can be obtained through the DEP, and Maine law identifies a plantation as a municipality in this regard. A couple who lived near the septage spreading area testified to the significant negative impacts the septage spreading operation has had on their quality of life and their perception of their property’s value.

MMA testified in support of the sponsor’s stated intent of the bill, although the printed bill was worded in a way that was not supportable. As stated at the public hearing, Representative Clukey's intent is twofold: (1) to re-assert the right of plantation assessors to hold a public hearing for the purpose of reviewing a proposed septage spreading operation before that proposal can obtain DEP licensing; and (2) develop the criteria for the plantation assessors to review a septage spreading proposal given a plantation’s essential incapacity to enact local ordinances.

Water Rates for Sprinkler Systems

The Committee on Utilities and Energy held a public hearing on LD 224, An Act Regarding Charges Assessed Against Owners of Sprinkler Systems, on Wednesday. This bill would prohibit a water utility from charging rates to owners of private sprinkler systems that would recover the utilities’ back-up capacity costs and require that rates be based only on water usage.

Proponents of the bill, representing the business community, argued primarily that such costs had escalated to a point that business owners could no longer afford the high rates. The State Fire Marshall’s Office supported the bill as a safety policy that would encourage installation of sprinkler systems.

Opponents of the bill included the PUC, the Office of the Public Advocate, the Bangor Water District, the City of Bangor, the Maine Rural Water Association, and the Maine Municipal Association. Utility and municipal representatives argued that the bill would reduce revenues and shift the costs of back-up capacity to other rate payers and public entities that were already paying high costs to support back-up capacity costs for public hydrant systems. The effect of the bill would be to shift costs on to the property tax, since public entity rates would then be subsidizing the cost of back-up capacity for private sprinkler systems.

A work session on the bill is scheduled for Monday, February 3, at 1:00 p.m.

Local Officials May Serve On State Boards

What started as a bill to permit county commissioners to serve on the Land Use Regulatory Commission is expected to be redrafted in order to broaden its scope and allow local, county and special district officials to serve on state boards and commissions. The State and Local Government Committee proposed to redraft LD 6, An Act to Allow County Commissioners to Serve on the Maine Land Use Regulation Commission, after the Governor’s Office offered the broadening language.

Based on the common law doctrine of incompatibility, the Attorney General’s office recently submitted an opinion that county commissioners may not serve on LURC. The doctrine of incompatibility implies that it is against public policy for an official from one government body to serve as an official on another government’s boards or commissions. Since the prohibition is not expressly forbidden in statute, this bill will clarify when local public officials may serve simultaneously on state boards.

The bill's new language expressly states that the office of a local official shall not be automatically considered incompatible for simultaneous service on any state board or commission. It further imposes a duty on that official to avoid a conflict of interest on any matter before the board or commission that could affect the member's other office.

Pointing out the opportunity this change offers to bring the wealth of experience and talent of our municipal, county and district officials to the state’s boards and commissions, MMA enthusiastically offered the Committee our support of this measure.

Split Vote On Published Notices

Members of the State & Local Government Committee voted Ought Not to Pass in a divided report on a bill giving municipalities authority to post municipal notices in weekly newspapers distributed by third class mail. Working from an amendment that would tighten up the requirements for using a local weekly, Committee members raised their concerns over the reliability of delivery and timeliness of weekly papers distributed for free through local stores or mailed by third class to homes.

Supporters pointed out that local officials should be able to judge which publication best serves the community for reporting local news and providing adequate public notice. Citing significant cost savings, supporters pointed out that ads in local weekly papers are much less expensive than the cost of space in the daily newspapers.

The sponsor’s amendment tightened up the use of weekly papers by requiring towns that chose this option to notify the community of where public notices will be printed by posting notice on the local notice board, including a formal notice with the tax bill.

Opponents of the bill prevailed with their concern that the guarantee of adequate public notice was not assured by the weekly papers. A majority of the Committee was unconvinced that a free weekly distributed via third class mail can meet the requirements for timeliness and circulation.

The State and Local Government Committee unanimously approved an amendment to LD 88, An Act to Clarify that A Town's Mooring Ordinance May Grandfather Existing Commercial or Non-Commercial Moorings, that will in effect give local officials the clear authority to grandfather existing mooring privileges and clarify that the use and location of a mooring granted through a grandfathering clause will be determined by the local authority.

Herman Selected To Direct MMA Advocacy Efforts

MMA’s Executive Director, Christopher Lockwood, announced earlier this week that Geoff Herman has been appointed MMA’s Director of State and Federal Relations. Geoff assumed this position immediately.

Geoff Herman has worked for the Association since 1988, serving as a paralegal in the MMA Legal Services Department for eight years and then moving to the State and Federal Relations Department last fall as a Legislative Assistant. During his time at MMA, Geoff has been directly involved in a number of legislative efforts in the areas of General Assistance, Solid Waste, Assessing and, most recently, in the Forestry Compact. Geoff has served as a Selectman in the Towns of Mount Vernon and Sabattus. He is a graduate of Bowdoin College.

"I am extremely pleased with the high level of energy, experience and talent Geoff brings to this position," said Lockwood. "He has an exceptionally strong dedication to municipal government and has an unwavering respect for municipal officials and the work they do for citizens."

Herman looks forward to working on municipal issues with municipal officials, legislators and the Administration. In expressing his commitment to local government, Geoff is philosophical. "Everybody has faith in something. For some reason I can’t entirely explain, I have this abiding faith in municipal government. Municipal people know what I mean. It makes our jobs not seem like jobs; it goes to the core of social organization."

Geoff replaces Paula Valente as Director of State and Federal Relations. Paula resigned her position at MMA to become the Executive Director of the Maine Health Care Association earlier this month.

IN THE HOPPER

(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.)

Agriculture, Conservation and Forestry

LD 460 – AN ACT to Repeal the Laws that Pertain to the Licensing of Dogs (Sponsored by Rep. Perkins of Penobscot BY REQUEST)

This bill repeals the laws that require the licensing of dogs.

Business and Economic Development

LD 481 – AN ACT to Regulate Body Piercing (Sponsored by Rep. Kerr of Old Orchard Beach; additional cosponsors)

This bill directs the Department of Human Services to establish sterilization, sanitation and safety standards for persons engaged in the business of body piercing. The bill requires practitioners of body piercing to be registered with the municipality in which they practice, and requires local health officers to annually inspect locations where body piercing is practiced. The bill also establishes a task force to recommend legislation to regulate body piercing.

Criminal Justice

LD 356 – AN ACT to Require Fire and Rescue Departments to Reimburse Costs of Training (Sponsored by Rep. McAlevey of Waterboro; additional cosponsors)

This bill provides for the intergovernmental reimbursement of certain firefighting or rescue training costs for persons who are hired and trained by one governmental entity and subsequently hired by another governmental entity.

LD 467 – AN ACT to Allow Individuals to Participate in Training at the Criminal Justice Academy (Sponsored by Rep. Stanley of Medway; additional cosponsors)

This bill is designed to eliminate the cost to municipal and county law enforcement agencies of sending new officers to the Maine Criminal Justice Academy. It would preclude those agencies from hiring, after January 1, 1998, anyone who has not already attended the academy. The bill would require persons attending the academy while not on the payroll of a law enforcement agency to pay all costs associated with attending.

LD 515 – AN ACT to Set a Fixed Rate for Housing of State Prisoners (Sponsored by Rep. Bunker of Kossuth Township; additional cosponsors)

This bill fixes the rate of reimbursement to counties for prisoners at $83.75 per prisoner per day (the current average reimbursement rate to all counties). It specifies that a county must petition the Legislature for any desired change in that rate.

Education and Cultural Affairs

LD 320 – AN ACT to Set the Amount of State Funding for School Building Projects at $75 a Foot (Sponsored b y Rep. Plowman of Hampden; additional cosponsors)

This bill limits the State’s reimbursement for public school construction and renovation projects.

LD 323 – AN ACT to Assist Smaller School Districts Regarding Hiring Practices (Sponsored by Rep. Savage of Union; additional cosponsors)

This bill changes the definition of persons considered "full-time employees" for purposes of the prohibition on employment of school board members or their spouses by allowing a school board member to be employed up to 32 hours a week by the school.

LD 360 – AN ACT to Amend the Process of Competitive Bidding for Insurance by School Boards (Sponsored by Rep. Mayo of Bath; additional cosponsors)

This bill clarifies that school boards located in municipalities where the school buildings and other properties are owned by the municipality must purchase insurance through competitive bidding. The bill removes the waiver of competitive bidding available to school boards for workers’ compensation and employee benefit insurance such as life, disability and health insurance. The bill also removes the waiver of competitive bidding available to school boards in a municipal school unit when the municipal government competitively purchases municipal and school insurance as a package.

LD 392 – AN ACT to Prohibit Schools from Charging Activity Fees for Participation in Extracurricular Events (Sponsored by Sen. Libby of York)

This bill prohibits school administrative units from charging activity fees to students for participation in athletic or other extracurricular teams or activities.

LD 432 – AN ACT to Allow Municipalities to Set Tuition Rates for Nonresident Students (Sponsored by Rep. Gieringer of Portland; additional cosponsors)

This bill allows school units to establish tuition rates for nonresident students based on actual cost, but not exceeding that cost. It eliminates the current maximum allowable tuition based on the state average per public secondary school student.

Health and Human Services

LD 572 – AN ACT to Implement Recommendations of the Commission to Study Poverty Among Working Parents Concerning Medicaid Eligibility (Sponsored by Rep. Povich of Ellsworth; additional cosponsors)

This bill requires coverage under the Medicaid program for children under 19 years of age when the family income is below 185% of the nonfarm official poverty level and for employed adults when the family income is below 150% of the nonfarm official poverty level. These services become effective January 1, 1998.

LD 579 – AN ACT to Ensure Equal Treatment of Lawful Aliens in Providing Medical Assistance and Aid to Needy Families (Sponsored by Rep. Mitchell of Portland; additional cosponsors) (EMERGENCY)

This bill clarifies that the Department of Human Services must continue to provide the same assistance to legal aliens in this State in the Medicaid, AFDC, and related programs that it provided prior to the passage of the federal welfare reform.

Inland Fisheries and Wildlife

LD 395 – AN ACT Dealing with the Registration of Snowmobiles by Nonresidents (Sponsored by Sen. Benoit of Franklin; additional cosponsor)

This bill sets the fee for nonresident snowmobile registration for a nonresident who owns real estate in this State. If a nonresident owns real estate in this State at the same level as the resident’s fee ($20).

Judiciary

LD 397 – AN ACT to Change the Burden of Proof for Timber Trespass and Timber Theft Violations (Sponsored by Sen. Longley of Waldo; additional cosponsors)

This bill clarifies that boundary disputes are not a basis for being exempt from cutting down another person’s trees. The bill also: (1) removes the State’s burden of proving the state of mind of the person cutting the trees; (2) makes changes in the exemptions for licensed arborists; and (3) adds some exemptions for unique types of situations within a municipality.

LD 549 – AN ACT to Change the Reimbursement Procedure for Law Enforcement Personnel Testifying in Court (Sponsored by Rep. Lemont of Kittery; additional cosponsors)

This bill eliminates the current flat-fee reimbursement of $10 a day for a law enforcement officer appearing for trial in District Court outside of the officer’s regular working hours. It replaces that flat-fee reimbursement with reimbursement on an hourly basis at the officer’s range and step level, which was the reimbursement method used before amendments substituted the flat fee.

Labor

LD 411 – AN ACT to Bring Certain State Retirement Laws into Compliance with Federal Laws (Sponsored by Sen. Longley of Waldo)

This bill conforms Maine law to federal law by requiring that deferred compensation assets be held in trust for the exclusive benefit of plan participants and their beneficiaries.

LD 452 – AN ACT to Protect the Rights of Employees Who Volunteer Their Time as Firefighters (Sponsored by Rep. Jones of Pittsfield BY REQUEST; additional cosponsors)

This bill prohibits an employer from penalizing an employee who is absent from work to perform volunteer firefighting duties if the employee has provided proper notice to the employer.

LD 462 – AN ACT to Require Employers to Pay the Legal Fees of an Employee Who Wins a Workers’ Compensation Case (Sponsored by Rep. Ahearne of Madawaska; additional cosponsors)

This bill requires the employer to pay the employee’s attorney’s fees in workers’ compensation cases in which the employee ultimately receives a benefit greater than that offered by the employer by the conclusion of mediation. The bill essentially returns to the "prevail" standards that controlled the payment of attorney’s fees prior to the changes in the Maine Workers’ Compensation Act of 1992.

LD 568 – AN ACT to Implement the Recommendations of the Commission to Study Poverty Among Working Parents with Regard to Raising the Minimum Wage (Sponsored by Rep. Povich of Ellsworth; additional cosponsors)

This bill establishes a new state minimum wage consisting of a base wage that is 25 cents per hour more than the federal minimum wage. The bill also provides an annual adjustment based on the increase in the state average weekly wage.

Legal and Veterans Affairs

LD 381 – AN ACT to Restrict Circulators of Initiated Petitions From Being Within 250 Feet of Voting Places (Sponsored by Sen. Carey of Kennebec; additional cosponsors)

This bill prohibits the circulators of direct initiative of legislation petitions from presenting any such petition and requesting voter signatures in the polling place or within 250 feet of the entrance to the voting place.

LD 406 – AN ACT to Amend the Election Laws Pertaining to Absentee Ballots (Sponsored by Sen. Michaud of Penobscot; additional cosponsors)

This bill allows a 3rd person to have no more than 10 absentee ballots for voters in a municipality at any time. Current law allows only 2 absentee ballots to be held at any one time.

LD 531 – AN ACT to Repeal the Requirement that Special Hours be set for Walk-in Voter Registration (Sponsored by Rep. Lemont of Kittery; additional sponsors)

This bill removes the requirement that registrars hold particular hours before an election to accept walk-in voter registrations and repeals the ability of municipal officers to change the registration schedule. It repeals the prohibition on a clerk delivering absentee ballots to 3rd persons who are members of a candidate’s immediate family.

LD 557 – AN ACT to Amend Certain Election Laws Regarding Voter Registration (Sponsored by Rep. Underwood of Oxford; additional cosponsors)

This bill amends the registration procedures for elections as follows: (1) it repeals the current ability of persons to register and vote on the same day. It requires a person to register at least 48 hours before the polls open on election day in order to vote in that election; (2) it requires town clerks to remove from the list of eligible voters those voters who have not voted in the 2 previous elections; (3) it requires voters to provide proof of identification when voting on election day.

Marine Resources

LD 456 – AN ACT to Return Revenue from Lease Sites for Aquaculture to Municipalities (Sponsored by Rep. Goodwin of Pembroke; additional cosponsors)

This bill establishes that the proceeds collected by the Department of Marine Resources from an aquaculture lease must be transferred to the municipality in which the leased site is located.

Natural Resources

LD 466 – AN ACT to Establish Guidelines for the Utilization of Municipal Solid Waste Incinerator Ash and Its Derivatives (Sponsored by Rep. Lovett of Scarborough; additional cosponsors)

This bill regulates the use of residues of municipal solid waste incinerator ash and its derivatives. It requires local approval for any use of 50 or more tons of ash.

LD 474 – AN ACT to Amend the Waste Management Laws Regarding Landfill Closure (Sponsored by Rep. Morgan of South Portland; additional cosponsors)

This bill extends the date from January 1, 1998 to January 1, 2000 after which the municipalities are not compensated for costs incurred for all work relating to landfill closure procedures.

LD 553 – AN ACT to Clarify Certain Department of Environmental Protection Prohibitions (Sponsored by Rep. Savage of Union BY REQUEST)

This bill removes the prohibition on repairing permanent structures in any protected natural resource or adjacent to a wetland without a permit.

State and Local Government

LD 313 – AN ACT to Require a Disclaimer of the Dollar Value of Benefits for Public Employee Positions (Sponsored by Rep. Perkins of Penobscot; additional cosponsors)

This bill requires municipalities, counties, and school districts to include a statement of the dollar value of fringe benefits in any publication that states the salary of an officer, employee or position paid by that entity.

LD 361 – AN ACT to Encourage Regionalization of Municipal Services (Sponsored by Rep. Gagnon of Waterville; additional cosponsors)

This bill creates a grant program to assist municipalities in planning for regional service delivery to improve the quality or efficiency of municipal services. The grants are directed at communities described as "service center communities" in a 1996 report of the State Planning Office and are to be coordinated with other grant and assistance programs of the State Planning Office. $100,000 dollars are appropriated from the General Fund to provide the grants.

LD 475 – RESOLUTION, Proposing an Amendment to the Constitution of Maine to Affirm the Rights to Private Property (Sponsored by Rep. Perkins of Penobscot BY REQUEST; additional cosponsors)

This constitutional resolution seeks to strengthen the rights of individuals to private property in the same manner in which the right to bear arms was strengthened constitutionally.

LD 488 – AN ACT to Change the Laws Pertaining to the Issuance of Copies of Birth, Marriage or Death Certificates by Towns (Sponsored by Sen. Michaud of Penobscot; additional cosponsors)

Current law requires a clerk to charge $7 for the first copy of a birth, marriage or death certificate and $3 for each additional copy. This bill makes those charges optional.

LD 516 – AN ACT to Impose a Statute of Limitations for Violations of Municipal Subdivision Ordinances (Sponsored by Rep. LaVerdiere of Wilton; additional cosponsors)

This bill places a statute of limitations on any action brought to enjoin the sale or other conveyance of land or a dwelling unit in a subdivision in violation of municipal ordinances unless the action is brought within 20 years of the initial violation.

Taxation

LD 306 – AN ACT to Guarantee That Real Estate Taxes Are Paid (Sponsored by Rep. Spear of Nobleboro; additional cosponsors)

This bill provides that if a property tax bill has not been issued at the time of closing on a real estate transaction, the property taxes must be prorated using the previous year’s bill. Any difference would be paid by or refunded to the purchaser.

LD 314 – AN ACT to Exempt Lobster Traps from the Personal Property Tax (Sponsored by Rep. Pinkham of Lamoine BY REQUEST)

This bill exempts lobster traps and cars and fishing nets from the personal property tax.

LD 324 – AN ACT to Decrease the State’s Share of Real Estate Transfer Taxes (Sponsored by Rep. Savage of Union; additional cosponsors)

Beginning in 1998, this bill reduces the portion of the transfer tax that is paid into the General Fund by 10% each year for 4 years to a minimum of 50%. The difference remains with the county that collected the tax revenue.

LD 343 – AN ACT to Increase Eligibility for the Maine Residents Property Tax Program (Sponsored by Rep. Brennan of Portland; additional cosponsors)

This bill increases the income eligibility limits under the Maine Residents Property Tax Program, making more households eligible for a benefit, and imposes a maximum benefit amount.

LD 357 – AN ACT to Amend the Laws Regarding Penalties for Late Filing by a Municipality under the Maine Tree Growth Tax Law (Sponsored by Rep. Gooley of Farmington; additional cosponsors)

This bill provides that a municipality submitting an after deadline application for reimbursement under the Maine Tree Growth Tax Law may receive the full payment if the application is not more than 30 days late. If the application is 30 days late but not more than a year late, the reimbursement is reduced by 20%. Municipalities that submit their applications a year or more late will receive no reimbursement.

LD 405 – AN ACT to Create an Historic Preservation Tax Credit (Sponsored by Sen. Harriman of Cumberland; additional cosponsors)

This bill provides a property owner the opportunity to become a tax increment financing district (TIF) in order to rehabilitate an historic property. The program would enable a municipality to share some or all of the increased taxes as a result of a high valuation on rehabilitated property with the owner of the property. The bill also makes the development of the property eligible for a state income tax credit equal to 30% of the federal tax credit for the preservation of property placed on the National Register of Historic Places.

LD 433 – AN ACT to Clarify the Appointment of Deputy Excise Tax Collectors and Facilitate the Collection of Excise Tax (Sponsored by Rep. Belanger of Wallagrass; additional cosponsors) MMA bill.

This bill authorizes the Secretary of State to suspend a motor vehicle registration for nonpayment of excise tax resulting from payment made with a dishonored check or other worthless instrument. Currently, if the municipal excise tax is paid with a dishonored check and the vehicle is registered, the municipality has no enforcement mechanism.

The bill also clarifies the authority of municipal excise tax collectors to appoint deputy or assistant excise tax collectors.

LD 434 – AN ACT to Amend the Veterans’ Estate Tax Exemption (Sponsored by Rep. Layton of Cherryfield; additional cosponsors)

This bill provides that a veteran is eligible for the property tax exemption granted to veterans in the year the veteran reaches the age of 62 years even if the veteran’s birthday is after the April 1 date of assessment.

LD 478 – RESOLVE, Requiring a Review of the State’s Tax Policy (Sponsored by Rep. Tripp of Topsham; additional cosponsors)

This resolve creates the Select Committee on Comprehensive Tax Reform consisting of 19 members. The Joint Standing Committee on Taxation will review the entire tax policy of the State and make recommendations to the Second Regular Session of the 118th Legislature.

LD 493 – AN ACT to Reduce the Maine State Sales Tax to 5% (Sponsored by Sen. Libby of York; additional cosponsors)

This bill reduces the sales tax from 6% to 5%, effective July 1, 1999.

LD 511 – AN ACT to Decrease Property Tax (Sponsored by Rep. Winn of Glenburn)

This bill uses any transfers to the Revenue Targeting Fund to reduce property taxes rather than income tax rates. This is accomplished first by making payments to each school administrative unit and those payments will increase 5% each year. Any balance in the Revenue Targeting Fund must then be used to reduce taxes through the municipal revenue sharing program.

LD 513 – AN ACT to Broaden the Sales Tax and Reduce the Current Sales Tax Rate (Sponsored by Rep. Tripp of Topsham; additional cosponsors)

This bill repeals all sales tax exemptions except for grocery staples and exemptions that are constitutionally required. The bill also provides that the State Tax Assessor must place the revenue generated from the repeal of sales tax exemptions into a separate account and that the sales tax is reduced from 6% to 5% when the amount in the account permits the reduction without a reduction in General Fund revenues from what would have been collected in the absence of the repeal of sales tax exemptions required by this bill.

LD 569 – AN ACT to Implement the Recommendations of the Commission to Study Poverty Among Working Parents with Regard to the Property Tax Circuit Breaker Program (Sponsored by Rep. Povich of Ellsworth; additional cosponsors)

This bill moves the filing date for the Maine Residents Property Tax Program to the period between January 1 and April 15 beginning in 1998. The current filing period is at the other end of the calendar year, and yet relates to the previous calendar year.

Transportation

LD 451 – AN ACT to Expand the Number of Lights Firefighers May Use on Their Cars (Sponsored by Rep. Jones of Pittsfield BY REQUEST; additional cosponsors)

This bill permits an active member of a municipal or volunteer fire department, when authorized, to use any type of flashing signal light on a vehicle when en route to or at the scene of a fire or other emergency.

Utilities and Energy

LD 325 – AN ACT to Improve Access to Enhanced 9-1-1 Emergency Records (Sponsored by Rep. Jones of Bar Harbor)

Under current law, any record, recording or information obtained by a public or private safety agency, including a public safety answering point, for the purpose of providing emergency 9-1-1 services is confidential if it reveals the name, address and telephone number of or information that may identify a person requesting emergency service or reporting an emergency by placing a 9-1-1 call. This bill repeals the provision of law that makes such records confidential.

LD 483 – AN ACT to Create Industrial Enterprise Districts to Promote Economic Development and to Retain and Increase Good Quality Jobs by Providing More Competitive Electric Rates within the Districts (Sponsored by Sen. O’Gara of Cumberland; additional cosponsors)

This bill allows a municipality to petition the PUC to establish within the municipality an industrial enterprise district in which electric rates are reduced for eligible businesses. The commission is directed to adopt major substantive rules governing the establishment of these districts and the terms and conditions of the reduced rate offerings. The rules must be submitted for legislative review no later than February 1, 1998.

LD 565 – AN ACT to Require Approval of Municipalities for Construction of Natural Gas Pipelines (Sponsored by Rep. Cowger of Hallowell; additional cosponsors)

This bill requires natural gas utilities to comply with municipal land use ordinances and zoning ordinances prior to constructing any natural gas pipelines.

LEGISLATIVE HEARINGS

Monday, February 3

Health and Human Services

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

Tel. 287-1317

LD 153 – AN ACT to Provide Social Services to Children in Need of Services and State Supervision (Sponsor: BUNKER)

LD 374 – AN ACT to Consider Cost-effectiveness When Providing Medicaid Coverage for Dental Services (Sponsor: BENOIT)

Transportation

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

Tel. 287-4148

LD 3 – AN ACT to Amend the Laws Regarding the Registration of Pickup Trucks (Sponsor: LIBBY) (EMERGENCY)

LD 109 – AN ACT to Eliminate the Fine for Exceeding the Axle Weight Limit (Sponsor: LANE)

LD 46 – AN ACT to Require Confidentiality of Law Enforcement Officers Involved in Motor Vehicle Accidents (Sponsor: WHEELER)

LD 48 – AN ACT to Allow Escorts of Certain Motor Vehicles by Any Police Officer (Sponsor: WHEELER)

Tuesday, February 4

Education and Cultural Affairs

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

Tel. 287-3125

LD 392 – AN ACT to Prohibit Schools from Charging Activity Fees for Participation in Extracurricular Events (Sponsor: LIBBY)

Wednesday, February 5

Taxation

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

Tel. 287-1552

LD 11 – AN ACT to Clarify the Law Governing Property Tax Exemptions for Charitable and Benevolent Institutions and Scientific Institutions (Sponsor: CAREY) (EMERGENCY)

LD 141 – AN ACT Regarding the Authority of County Government Assessments (Sponsor: BRENNAN)

LD 193 – AN ACT to Exempt Lobster Traps from the Personal Property Tax (Sponsor: ETNIER)

LD 215 – AN ACT to Amend the Veterans Property Tax Exemption (Sponsor: FERGUSON)

LD 222 – AN ACT to Exempt Public Water, Power or Light Systems from Municipal Taxation (Sponsor: RICHARD)

Thursday, February 6

Criminal Justice

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

Tel. 287-1122

LD 145 – AN ACT to Allow Independent Investigation of a Complaint against a Law Enforcement or Corrections Officer upon Request (Sponsor: BUNKER)

LD 162 – AN ACT to Allow Retired Law Enforcement Officials to Obtain a Lifetime Concealed Weapons Permit (Sponsor: LIBBY, BY REQUEST)

Education and Cultural Affairs

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

Tel. 287-3125

LD 241 – AN ACT to Reward Schools for Computer Competency (Sponsor: MURPHY)

LD 352 – AN ACT to Provide Additional Funds to Educate Students with Limited English Proficiency (Sponsor: ROWE)

LD 365 – AN ACT to Require that Public Schools Adopt a Conflict Resolution Model (Sponsor: WINGLASS)

Judiciary

Room 438, State House, 9:30 a.m.

Tel. 287-1327

LD 397 – AN ACT to Change the Burden of Proof for Timber Trespass and Timber Theft Violations (Sponsor: LONGLEY)

Labor

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

Tel. 287-1333

LD 147 – AN ACT to Extend the Jurisdiction of the Maine Labor Relations Board to Public Employees Who Have Been Employed Fewer Than 6 Months (Sponsor: GREEN)

LD 178 – AN ACT to Permit an Employer to Offer a Compressed Time Workweek to Consenting Employees (Sponsor: WINSOR)

LD 358 – AN ACT to Restore State Funding for Mediation Services Provided by the Maine Labor Relations Board (Sponsor: SAMSON)

Legal and Veterans Affairs

Room 425, State House, 1:00 p.m.

Tel. 287-1310

LD 406 – AN ACT to Amend the Election Laws Pertaining to Absentee Ballots (Sponsor: MICHAUD)

LD 531 – AN ACT to Repeal the Requirement that Special Hours Be Set for Walk-in Voter Registration (Sponsor: LEMONT)

LD 557 – AN ACT to Amend Certain Election Laws Regarding Voter Registration (Sponsor: UNDERWOOD)

Friday, February 7

State and Local Government

Room 334, State House, 9:00 a.m.

Tel. 287-1330

LD 157 – AN ACT to Impose a Surcharge on Documents Recorded in a Registry of Deeds to Fund

Preservation of Registry Documents (Sponsor: DAGGETT)

LD 133 – AN ACT Regarding Qualifications for the Office of Sheriff (Sponsor: BUNKER)

LD 274 – AN ACT to Allow Towns to Use the Money Held in Administrative Funds That Comes from the Use of Ministerial Trust Lane (Sponsor: STANLEY)

LD 151 – AN ACT to Allow Municipal Law Enforcement Officials to Enforce Handicapped Parking Restrictions (Sponsor: SIROIS)

LD 211 – AN ACT to Permit Municipalities to Restrict the Sale of Tobacco Products (Sponsor: MILLS)