Legislative Bulletin
March 28, 1997


NEW STATE BUDGET FAIR TO MUNICIPALITIES

The Legislature has enacted a two-year budget so far in advance of the beginning of the first fiscal year that a two-thirds majority was not needed to make the proposed budget the law. This is the first time in the institution’s recent memory that budget enactment has been so advanced.

There were some bumps in the road, but in the final enactment, municipalities were treated very fairly in the budget. The spending plan that was enacted changed very little from the budget approved by the Appropriations Committee and described in the March 14th Legislative Bulletin. One important change is that at the last minute the Tree Growth Reimbursement program was fully funded for both years of the biennium. This is a positive change from the proposed budget as reported out by the Appropriations Committee, in which $1 million was cut from the approximately $5.5 million needed to fully fund the program for the first year of the biennium (FY 98).

At full funding, municipalities in 1998, in the aggregate, will receive 260% of the Tree Growth reimbursement that they received last year, or in any of the previous four years. Furthermore, the reimbursement checks should be issued much more promptly than in previous years because the Bureau of Taxation will no longer have to wait until all municipalities commit their taxes and send in their Municipal Valuation Returns in order to calculate the prorated reimbursement for which each municipality is eligible.

Tree Growth funding joins the positive funding decisions in the budget regarding Revenue Sharing (folding the meals tax back into the Revenue Sharing base), General Purpose Aid to Education (2% increase in FY 98 plus $3 million "cushion;" 3% increase in FY 99 plus $3 million "cushion"), and financial reimbursement to the County jails.

For all the partisan wrangling that surrounded the budget enactment process, the support for honest funding of municipal programs was entirely bipartisan. From the beginning to the end of the budget process, in both parties and in both chambers, the clearly-stated legislative sentiment was to end the "shift and shaft" gimmicks that "save" the state money at the expense of the property tax.

To sew up the unusually early budget enactment, the Legislature adjourned on Thursday "sine die" (meaning, "without a fixed day," or completely) in order to start the clock ticking on the 90 days it takes for the bill to become effective. The adjournment was quickly followed by a recall into "special session" by the Governor. With a "joint resolution" or two, all the business of the Legislature that remains in the system has been preserved as-is-and-where-is during the transition, to be taken up starting next week just where it left off.

SLEW OF TAX BILLS REPORTED

Last week the Committee on Taxation heard over 80 legislative proposals, over 30 of which directly affected municipal government. This week the Committee held work sessions on those bills and issued the following reports on them:

A unanimous "ought not to pass" means the bill is dead. An "ought to pass" or "ought to pass as amended" bill that comes out of the Committee unanimously will very likely be enacted into law. Divided reports may be debated further and possibly amended on the floor of the House or Senate. A bill tabled by the Committee means that more staff or Committee work needs to be done on the language of the bill.

Some bills tabled by the Tax Committee are being held as elements of the Committee’s expected comprehensive tax reform package. Even some of the concepts behind bills reported out OUGHT NOT TO PASS are being held for consideration for the Committee’s reform bill that is expected to be developed over the next couple of months.

BETR Program

LD 149. Requires a business bringing used property into the state to meet certain employee wage and benefit standards in order to be eligible for a property tax rebate under the Business Equipment Tax Refund Program (BETR). UNANIMOUS OUGHT NOT TO PASS.

LD 761. A repeal of the BETR program. UNANIMOUS OUGHT NOT TO PASS.

LD 780. Tax refunds to businesses under the BETR program would not be allowed to the degree the business was rebated for the personal property taxes paid under the municipally-approved Tax Increment Financing (TIF) agreement. TABLED. It would appear that Committee will engage in more debate about the economic development incentive changes it may include in its comprehensive tax reform package.

LD 876. The duration of eligibility for a refund under the BETR program would be reduced from 12 years to 3 years. TABLED.

Property Tax Exemptions

LD 12. Only property held "solely" as "stock in trade" would be exempt from property taxes so that rental inventory would be taxable. UNANIMOUS OUGHT NOT TO PASS.

LD 314. Exempting lobster traps, lobster cars, and fishing nets from the personal property tax. UNANIMOUS OUGHT NOT TO PASS.

LD 434. Provides eligibility to veterans for their property tax exemption if they turn 62 years of age in the calendar year. The exemption is currently available only if the veteran turns 62 by the statutory April 1 date of assessment. UNANIMOUS OUGHT TO PASS AS AMENDED. The amendments are to clarify the fiscal note, which covers the increased state statutory reimbursement, the state’s additional 50% constitutional reimbursement to cover the expansion of the exemption, and the Bureau of Taxation’s administrative costs. Other clarifying amendments.

LD 97. Clarifying that a mobile home in the possession of a licensed manufactured housing dealer that is in a demonstrable way being displayed for the purposes of sale rather than habitation is "stock in trade" and therefore not subject to the property tax. TABLED.

LD 997. A Resolve proposing a constitutional amendment that would cap the property tax obligation of low income, elderly Maine residents. OUGHT NOT TO PASS, DIVIDED.

LD 1077. Expressly removes land trusts from eligibility for a property exemption as a "benevolent and charitable" organization. UNANIMOUS OUGHT NOT TO PASS.

LD 1219. Denies eligibility for a charitable exemption any property that is used by persons or organizations providing health care services for profit. UNANIMOUS OUGHT NOT TO PASS.

Tree Growth

LD 1070. Under this bill, landowners whose land has been classified under Tree Growth for 10 years or more would be "grandfathered" from the requirement to obtain a forest management plan either prepared by a licensed forester or prepared by the landowner and reviewed and certified by a licensed forester. OUGHT NOT TO PASS, DIVIDED (12 1).

LD 1087. Municipalities would be authorized to supplementally assess landowners for the amount of Tree Growth reimbursement not provided because of decisions of the Legislature to underfund the reimbursement appropriation. UNANIMOUS OUGHT NOT TO PASS.

Circuit Breaker Program

LD 220. Expands eligibility for the Circuit Breaker property tax relief program by increasing the income threshold for multi-member households from $35, 000 to $45,000 and increasing the maximum benefit from $700 to $900. UNANIMOUS OUGHT NOT TO PASS.

LD 343. Expands eligibility for the Circuit Breaker property tax relief program by increasing the income threshold for single family households from $25,000 to $35,000, and for multi-member households from $35,000 to $50,000, and increasing the maximum benefit from $700 to $1,000. UNANIMOUS OUGHT NOT TO PASS.

LD 569. Advances the filing period for Circuit Breaker benefits from the last 5 months of the calendar year to the first 4 months of the calendar year, starting in 1998, to align the benefit year with the income tax year. UNANIMOUS OUGHT NOT TO PASS.

LD 749. The use of Circuit Breaker benefits would be more directly linked with property tax payments by allowing the benefit to go directly to the beneficiary only if the property tax has been paid, otherwise the benefit goes to the municipality to be applied to the tax obligation. UNANIMOUS OUGHT NOT TO PASS.

LD 983. Better advertising of the Circuit Breaker program would be required by means of information provided on the income tax forms, including a check-off for people who wish to have the Circuit Breaker application mailed to them. UNANIMOUS OUGHT NOT TO PASS.

Tax Situs

LD 107. Requires utility vehicles (CMP, Bangor Hydro, Bell Atlantic (formerly NYNEX), etc.) to register and pay the motor vehicle excise tax in the municipality where principally garaged rather than the corporate location. OUGHT NOT TO PASS, DIVIDED.

LD 1290. Bulk solid waste containers would be taxable by the municipalities wherever the containers are located on April 1 rather than by the municipality of the owner’s location. UNANIMOUS OUGHT NOT TO PASS.

Excise Taxes

LD 275. People leasing motor vehicles who have paid an excise tax on the vehicle would enjoy the same excise tax credit available to vehicle owners at the transfer of ownership. OUGHT TO PASS AS AMENDED, UNANIMOUS. (Amended as to form, only)

LD 433. Enhancing excise tax collection enforcement by authorizing the Secretary of State to revoke a registration upon notification from a municipal excise tax collector that the check provided to pay the excise tax has bounced. UNANIMOUS OUGHT NOT TO PASS.

LD 1011. Requires new car owners to show the Monroney label at the point of first registration to make first time registrations more efficient and accurate. TABLED, for sponsor to provide more information.

LD 1222. Allows pickup trucks to pay an excise tax based on purchase price rather than manufacturer’s list price. UNANIMOUS OUGHT NOT TO PASS.

LD 1249. An excise tax would be applied to snowmobiles and ATV’s. UNANIMOUS OUGHT NOT TO PASS.

LD 755. As printed, the bill would require municipalities to prorate watercraft excise taxes during calendar 1997, reducing the tax obligation by a factor of the number of months in 1996 in which the watercraft was not registered, provided it was registered at all during that year. The proration is intended to compensate boat owners for a 1996 change in the registration year from a staggered or seasonal year to a calendar year. TABLED, for the Committee to consider an amendment that would provide the municipality the option of prorating during calendar 1997, rather than mandating the proration.

ORDINANCE AUTHORITY GOVERNING TOBACCO SALES RETURNED

LD 211, a bill that would repeal an existing prohibition on municipalities enacting ordinances regarding the display and sales of  tobacco products, was enacted into law on March 25th and awaits the Governor’s signature.

Prior to enactment, the bill was amended to require municipalities that intend to consider or adopt such an ordinance to give 30-day written notice to all businesses within the community holding licenses to sell tobacco.

FDA preemption; waivers

In a related development, MMA has received some information from Tobacco Control Resource Center, Inc., of Boston, Massachusetts, that explains a procedure municipalities should be familiar with if they intend to adopt ordinances governing tobacco sales. It appears that under certain interpretations of federal preemption doctrine held by the Food and Drug Administration (FDA) with respect to its own rules regarding tobacco sales and display, municipalities may be technically preempted with respect to certain ordinance provisions they may seek to enact.

According to Tobacco Control Resource Center, Inc., there is a very simple method by which municipalities may clear the preemption hurdle by obtaining a waiver from the FDA. The procedure to obtain the waiver begins with the adoption of the local ordinance governing tobacco sales or displays. The waiver is not obtained prior to the adoption of the ordinance. After the ordinance is adopted, it is sent to the FDA along with a simple form requesting the waiver. Depending on the contents of the municipal ordinance, the waiver will then be granted, partially granted, or denied by the FDA, with the reasons for the Agency’s decision provided.

Any municipality interested in obtaining this FDA waiver form should contact either MMA, the Tobacco Control Resource Center, Inc., at Cushing Hall, 102 The Fenway, Boston, Massachusetts, 02115 (telephone number 617-373-2026), or the Food and Drug Administration directly.

REAL ESTATE TRANSFER TAX CHANGE SUPPORTED

The March 7th Legislative Bulletin reported on the public hearings for a number of tax bills regarding the Real Estate Transfer Tax. Currently 10% of the approximately $10 million in annual Transfer Tax revenues goes to county governments. After the counties' allocation, of the remaining revenues 75% goes to the state’s General Fund, and 25% goes to the Maine State Housing Authority (MSHA) to provide housing programs for low-income people.

Of the three bills that would increase the share that goes to county government, only one - LD 271 - was written in such a way to improve the funding percentages for both the counties and the housing programs administered by MSHA. At the end of a 5-year phase-in period, the counties’ share of the Transfer Tax would be 25% rather than 10%. After a work session on the bills held on March 13, that bill was reported out of the Committee by a commanding "ought to pass" majority. The related bills - LD’s 43 and 324 - were rejected by the Committee.

The majority of the Committee amended the bill slightly before voting it out "ought to pass." The amendment changes the timing of the bill so the financial impact to the state’s General Fund won’t occur in this biennium, thereby avoiding a fiscal note.

Two other bills heard at the same time as the Transfer Tax bills - LD’s 306 and 770 - were tabled at the first work session to give the Committee more time to review alternative approaches. Those two bills are discussed in detail in the March 7th Bulletin.

In addition to these decisions, the Committee rejected no less than eight "study bills," or "resolves" that direct a study of such tax issues as exemptions, economic development initiatives, or comprehensive tax reform. The reason given, apparently, for rejecting the eight initiatives to study the problem is because the Committee feels it is time to address the issues directly rather than studying them any more.

MMA wishes to thank Jim Murphy, assessing agent for the town of Union, for covering this work session and reporting back for the Bulletin.

LD UPDATES

The following are brief updates on the status of some legislative proposals that MMA is tracking, but not as closely as other LD’s that are considered to be higher priority. Each update describes the status of the bill as it has been reported out of committee. These bills have yet to be considered by the full Legislature.

Health and Human Services

LD 302 – An Act to Study Job Creation for Welfare Recipients - "Ought to Pass as Amended." The amendment merely adds the Department of Labor to the study.

Natural Resources

LD 258 – An Act Concerning Compensation under the Natural Resources Protection Laws - "Ought to Pass as Amended." The amendment doesn’t change the context of the bill, but provides more details on the compensation fee program.

REPEAL OF LOCAL SHELLFISH ORDINANCES OPPOSED

Municipal officials, university biologists, local shellfish committee members and the Commissioner of the Department of Marine Resources all offered testimony opposing any changes to local ordinances regulating the harvesting of clams.

LD 1122 An Act to Repeal Municipal Shellfish Ordinances would repeal municipal authority to limit shellfish harvesting within the municipality or to require a municipal license to harvest clams commercially or for recreation. The bill would turn regulation of the clam harvest over to the State, eliminating local restrictions and opening up the flats to an army of diggers to come in and harvest them clean.

Municipalities have had the authority to regulate local harvesting since the early 1960's. Over half of Maine’s coastal towns have adopted management plans. The success of these management plans is based on their limiting the number of commercial and recreational licenses issued each year. After surveys of the flats are conducted, the number of licenses to be issued is determined such that a rate of sustainable harvesting will result.

Municipalities have the authority to reserve 90% of the licenses for residents. Local officials, fishery biologists and the diggers fear opening up the flats to uncontrolled harvesting would wipe out years of efforts to restore depleted and polluted flats.

The opponents of repealing municipal authority united in delivering the message that the reopening of clam flats is the result of municipal officials and the local diggers working together to manage the harvest, eliminate sources of pollution and implement reseeding programs. Careful management of the resource is the only chance we have of preserving a sustainable shellfish harvest.

As a local official from Phippsburg described the issue, "After the shellfish industry was given a low priority by the State, only the towns and local diggers had the political will to manage the flats."

Local Efforts Open 21,500 acres of Clam Flats

Commissioner of Marine Resources, Robin Alden, joined the municipal officials opposing the bill stating that, "We need the help and partnership of the towns to manage this resource."

The Commissioner credited the reopening of 21.5 thousand acres of clam flats over the last several years to the work of local committees and the commitment of the towns to manage this fishery.

Supporters Claim Regulations Limit Access

Several diggers, testifying in support of the bill, expressed their opposition to local ordinances, claiming the flats are a state resource and should not be managed locally. Several, after describing being on the receiving end of local enforcement efforts to prevent illegal harvesting, thought the towns were wasting money hiring wardens to enforce the local regulations.

BILL ALLOWS CHOICE ON CSD BUDGET VOTE

LD 973, An Act to Allow Towns Within a Community School District to Vote on a School Budget by Referendum, had its first hearing before the Education Committee this week. The bill would simply give the residents of a town within a CSD a choice of how to vote on their school budget.

Current law only allows voting for CSD budgets at a district meeting, unlike SAD budgets and municipal school budgets that can be voted on at a district meeting (or town meeting) or by referendum.

MMA supported giving CSD communities the choice over how their budgets can be adopted. Why should any particular group of municipalities be denied the opportunity to chose a method of budget adoption available to many other communities?

Several school superintendents opposed giving CSD communities any choice over the voting process. Claiming that voters can only understand the budget if they attend a district meeting, the superintendents testified in opposition to any change that would give more voters the chance to participate.

If you are in a CSD community and support voter options on the school budget approval process, you should contact your legislators and ask them to support LD 973.

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 1554 – AN ACT to Eliminate Inconsistencies and Unnecessary Duplication Regarding the Training and Certification of Individuals Who Enforce Land Use Regulations (Sponsored by Rep. Etnier of Harpswell; additional cosponsors)

This bill consolidates at the State Planning Office all responsibility to train and certify local plumbing inspectors and to certify individuals to enforce land use laws under the Maine Rules of Civil Procedure, Rule 80-K. This bill also authorizes the State Planning Office to charge fees necessary to cover the costs of testing and training.

Banking and Insurance

LD 1530 – AN ACT to Require Banks to Forward Copies of Mortgages to the Municipalities in Which the Property is Located (Sponsored by Rep. Stanley of Medway; additional cosponsors)

This bill requires creditors and financial institutions that issue mortgages to forward a copy of a mortgage to the municipality in which the mortgaged property is located or, for property located in an unorganized territory, to the State Tax Assessor.

LD 1540 – AN ACT to Establish a State Disaster Relief Trust Fund (Sponsored by Rep. Kerr of Old Orchard Beach; additional cosponsors)

This bill establishes a disaster relief trust fund to be administered by the Maine Emergency Management Agency to match federal disaster assistance funds and provide other local disaster assistance. The trust fund is funded by a surcharge on homeowners’ and business property insurance policies.

LD 1566 – AN ACT to Require Blue Cross and Blue Shield of Maine to Report Annually to the Legislature Regarding the Fulfillment of Its Charitable Mission (Sponsored by Sen. Mills of Somerset)

This bill requires that nonprofit hospital service organizations, such as Blue Cross and Blue Shield of Maine, annually report to the Legislature regarding the fulfillment of the corporation’s purposes as a charitable and benevolent institution.

Business and Economic Development

LD 1437 - Resolve, to Establish Regional Service Centers (Sponsored by Sen. Jenkins of Androscoggin; cosponsored)

This resolve establishes the Task Force on Regional Service Centers to study the feasibility of and mechanisms for establishing regional service centers throughout the State to encourage political subdivisions of the State to cooperate in areas such as business, economy, law enforcement, education and other areas.

LD 1452 - AN ACT to Place a Moratorium on Construction and Development in Southern Maine and to Provide for Equal Economic Opportunity for ALL Regions of the State (Sponsored by Rep. Joy of Crystal (By Request); additional cosponsors)

This bill imposes a moratorium on construction and development in southern Maine counties for 2 years, or for a lesser period of time if laws are enacted before then to provide for equal economic development opportunity for all of Maine. The bill also creates the Board for Equal Economic Development Opportunity to recommend laws to provide for equal economic opportunity and to study the feasibility of creating 2 states out of the current Maine territory.

LD 1670 - AN ACT to Limit Indemnification in Construction Contracts (Sponsored by Rep. Plowman of Hampden; additional cosponsors)

This bill prohibits "broad form" and "intermediate" hold harmless provisions in construction contracts.

Education

LD 1425 – AN ACT to Provide for Direct Reimbursement of Special Education Costs (Sponsored by Sen. Kilkelly of Lincoln; additional cosponsors)

This bill guarantees that each school administrative unit in the state will receive compensation for its current year special education costs on a monthly basis. Compensation for special education costs will equal the unit’s most recent monthly special education expenditure multiplied by the average statewide share percentage of program costs in the current year. It also increases the State’s share of special education costs to 100% effective July 1, 2006 and adds a provision for paying 1997-98 school year special education costs to school units over a 5-year period, beginning in July 2000.

LD 1544 – AN ACT to Amend the Process by Which School Construction is Approved (Sponsored by Rep. True of Fryeburg; additional cosponsors)

This bill authorizes the Department of Education to develop standardized construction plans and to choose school plans for new school construction that take the school’s 5-year target population into consideration. The bill requires any changes to the plans requested by a local school administrative unit to be the responsibility of the local unit.

LD 1632 - AN ACT to Improve Taxpayer Equity in School Funding (Sponsored by Sen. Pendleton of Cumberland; cosponsored)

This bill increases the weight of the income factor in the General Purpose Aid to Education distribution formula from 15% to 25%. It also uses the cost-of-living factor to adjust a municipality’s property values. This bill also requires the State to use a school unit’s weighted relative fiscal capacity to calculate a unit’s local share of program costs.

LD 1671 - AN ACT Concerning the Calculation of the State’s Share of School Funding (Sponsored by Rep. Skoglund of St. George; additional cosponsors)

This bill determines the calculation and payment of state and local shares of the per pupil guarantee for school administrative districts and community school districts as if they were individual school administrative units.

Health and Human Services

LD 1411 – AN ACT to Facilitate Disbursement of and Accounting for Issuances of Food Supplement Benefits (Sponsored by Rep. Dunlap of Old Town; additional cosponsors)

This bill requires the Department of Human Services to institute a system of issuing food supplement benefits through a debit card, electronically credited and debited with no cash returned.

Judiciary

LD 1409 – AN ACT to Require Mandatory Testing of Persons Who Assault Police Officers (Sponsored by Rep. Lemke of Westbrook)

This bill requires a person who assaults a law enforcement officer while the officer is acting in the course of duty and commingles that person’s and the law enforcement officer’s blood or body fluids to be tested for communicable diseases, including hepatitis and HIV. The test results must be revealed to the person tested and the law enforcement officer, but further disclosure without the written authorization of both the person tested and the law enforcement officer is a Class D crime.

LD 1559 – AN ACT to Establish the Uniform Unclaimed Property Act (Sponsored by Rep. Taylor of Cumberland; additional cosponsors)

This bill creates a uniform procedure to deal with unclaimed property under a multi-state Uniform Unclaimed Property Act set of procedures.

Labor

LD 1454 – AN ACT to Amend the Prevailing Wage Laws (Sponsored by Rep. Wright of Berwick; additional cosponsors)

Current law requires workers employed in the construction of public works to be paid at least the prevailing hourly rate of wages paid for work of a similar nature in the state. This bill requires that workers additionally be given at least the prevailing rate of benefits given for similar work performed in the state.

LD 1494 – AN ACT to Replace the Defined Benefit Retirement Plan for State and Other Public Employees with a Defined Contribution Plan (Sponsored by Sen. Amero of Cumberland; additional cosponsors)

Effective July 1, 2001, this bill eliminates the present defined benefit retirement plan for state and other public employees hired after that date and replaces it with one or more defined contribution plans. The bill establishes a Blue Ribbon Commission to work out the details of the plan.

LD 1498 – AN ACT to Require Step-pay Increases in Wages in Expired Collective Bargaining Agreements (Sponsored by Rep. Cowger of Hallowell; additional cosponsors)

This bill requires a state or municipal public employer to pay wages according to the wage plan of an expired collective bargaining agreement, including step-pay increases or any pay raises derived from a wage-escalator clause in the expired plan, during the period of mediation, fact-finding or arbitration and before a new collective bargaining agreement takes effect.

LD 1578 – AN ACT to Protect Workers and Establish Labor Standards for "Workfare" Participants (Sponsored by Rep. Samson of Jay; additional cosponsors)

This bill requires the Commissioner of Labor to adopt rules and recommend any necessary legislation to ensure that "workfare" participants receive labor and employment standards protection. The rules must address issues of wages, workers’ compensation, health and safety, discrimination, displacement grievance procedures and attainment of employee status. The commissioner is directed to report on these matters to the Joint Standing Committee on

Labor.

LD 1661 - AN ACT to Implement the Recommendations of the Blue Ribbon Commission on Hunger and Food Security (Sponsored by Sen. Benoit of Franklin; cosponsor)

This bill includes a number of proposals coming out of a poverty study including raising the minimum wage, establishing a minimum state employee wage, re-establishing state participation in extended unemployment benefits, seeking a waiver to expand Medicaid eligibility to 185% of poverty level, etc.

Legal and Veterans Affairs

LD 1520 – AN ACT to Amend Various Election Laws (Sponsored by Rep. Belanger; additional cosponsors)

Changes election laws to prohibit the municipal clerk from being the election warden. Also gives Secretary of State Title 21-A authority over purely municipal elections.

LD 1515 – AN ACT to Allow Unenrolled Voters to Serve as Election Workers at Polls (Sponsored by Rep. Clukey of Houlton; additional cosponsors)

This bill permits registered voters who are not enrolled in a political party to serve as election workers.

LD 1527 – AN ACT to Authorize a Police Officer to Impound the Motor Vehicle of a Person Arrested for Operating Under the Influence or Driving with a Suspended or Revoked License (Sponsored by Sen. Butland of Cumberland; additional cosponsors)

This bill authorizes the impoundment of an automobile upon the arrest of a person with a suspended or revoked license, as well as upon the arrest of a person for operating under the influence. The bill also requires the sale of the vehicle under some circumstances.

LD 1572 - AN ACT to Make Technical Changes in the Laws Relating to the Sale of Alcoholic Beverages (Sponsored by Sen. Carey of Kennebec; additional cosponsors)

An "omnibus" bill that sweeps liquor sales law. Appears to propose only minor changes regarding any municipal issue.

Natural Resources

LD 1455 – RESOLVE, Regarding Legislative Review of Chapter 500: Stormwater Management, a Major Substantive Rule of the Department of Environmental Protection, Bureau of Land and Water Quality (department bill) (EMERGENCY)

Requires legislative review of the storm water management rules.

LD 1471 – RESOLVE, Regarding Legislative Review of Chapter 502: Direct Watersheds of Waterbodies Most at Risk from New Development, and Sensitive or Threatened Regions or Watersheds, a Major Substantive Rule of the Department of Environmental Protection, Bureau of Land and Water Quality (department bill) (EMERGENCY)

Requires legislative review of the rules regarding direct watersheds of water bodies most at risk from new development, and sensitive or threatened regions or watersheds, all of which are rules related to the storm water management rules.

LD 1582 – AN ACT to Clarify and Amend the Storm Water Management Laws, the Erosion and Sedimentation Control Laws, and the Site Location of Development Laws (Sponsored by Rep. Rowe of Portland; cosponsored by Sen. Treat of Kennebec) (EMERGENCY)

Changes to the storm water management law under this bill include the establishment of a storm water "compensation" program similar to the wetlands compensation program; municipal authority to waive certain agriculturally-used ponds from review; and some modifications allowing municipal review of developments over the maximum size threshold.

State and Local Government

LD 1450 - AN ACT to Deorganize the Town of Cooper (Sponsored by Rep. Goodwin of Pembroke; additional cosponsors)

This bill provides for the deorganization of the Town of Cooper in Washington County, subject to approval at local referendum.

LD 1591 - AN ACT to Amend the Washington County Budget Process (Sponsored by Rep. Bunker of Kossuth Township)

LD 1605 - AN ACT to Prohibit Towns from Cancelling Health Insurance Provided to Retired Employees (Sponsored by Rep. Ott of York; additional cosponsors)

This bill requires a municipality to allow a retired former employee to continue to stay enrolled in the municipality’s health insurance plan if the retired employee pays the premiums.

LD 1621 - AN ACT to Clarify the Fine for Violation of Certain Land Use Laws (Sponsored by Rep. Skoglund of St. George; additional cosponsors)

This bill removes the mandatory minimum penalty for violating junkyard and automobile graveyard laws and ordinances.

Transportation

LD 1451 – AN ACT to Encourage the Planning and Implementation of Municipal Ordinances Concerning Bicyclists and Pedestrians (Sponsored by Rep. Gieringer of Portland; additional cosponsors)

Rewards municipalities through a grant program that adopt a pedestrian and bicycle access facilities plan; amends the law with respect to pedestrian and bicycle right of way in crosswalks. Makes some changes with respect to the Site Location Act to require mall developers to provide bicycle access ways. Generally promotes bicycle access.

LD 1586 – AN ACT Regarding Reimbursement for Sand and Salt Storage Facility Construction (Sponsored by Rep. Pieh of Bremen; additional cosponsors)

This bill allows sand/salt shed reimbursement funds targeted to high-priority projects to be distributed to lower priority projects if the high-priority projects have not been started or planned for by June, 1997.

LD 1617 - AN ACT to Amend the Sensible Transportation Policy Act (Sponsored by Rep. Joyce of Biddeford)

This bill amends the Sensible Transportation Policy Act so that transportation planning, capital investment and project decisions require, for all significant highway construction or reconstruction projects, an evaluation of highway, bridge, air, water and rail transportation alternative only, rather than an evaluation of all kinds of reasonable transportation alternatives. The bill also repeals the provision that requires transportation planning decisions, capital investment decisions and project decisions to reduce the State’s reliance on foreign oil and promote reliance on energy-efficient forms of transportation and repeals a provision relating to public hearings.

LD 1624 - AN ACT to Increase Funding to the Highway Fund to Allow Major Improvements to Highways and Bridges (Sponsored by Rep. Chartrand of Rockland; additional cosponsors)

This bill increases fuel taxes to provide additional funding for major improvements to the State’s deteriorating highway and bridge system.

Utilities and Energy

LD 1598 - AN ACT to Provide for Enforcement of the Laws Regarding the Protection of Underground Utility Facilities (Sponsored by Sen. Pendleton of Cumberland; additional cosponsors)

This bill authorizes the Department of Public Safety to enforce the laws regarding the protection of underground utility facilities, commonly referred to as the "dig safe laws."

LD 1649 - AN ACT to Provide a Funding Mechanism for the E-9-1-1 System (Sponsored by Rep. Kontos of Windham; cosponsor)

This bill adds cellular and wireless communications subscribers to the potential users who must pay the monthly surcharge that funds the E-9-1-1 system. The bill also raises the monthly telephone exchange surcharge from 20¢ or 32¢ beginning August 1, 1998.

LD 1665 - AN ACT to Amend the Charter of the Hebron Water Company (Sponsored by Sen. Bennett of Oxford; additional cosponsors)

The purpose of this bill is to allow the Hebron Water Company to convert to a nonprofit water company. The bill also increased the debt limit of the water company to $1,000,000.

LEGISLATIVE HEARINGS

Monday, March 31

Appropriations & Financial Affairs

Room 228, State House, 1:00 p.m.

Tel. 287-1635

LD 532 - An Act to Dedicate Lottery Revenue to Education (Sponsor: LEMONT)

LD 609 - Resolve, Concerning Reauthorization of the $9,000,000 Bond Issue for Construction of Water Pollution Control Facilities (Emergency) (Sponsor: MICHAUD) (Department Bill)

Education and Cultural Affairs

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

Tel. 287-3125

LD 185 - An Act to Reward Schools for Exceptional Student Performance on the 4th-grade Maine Educational Assessment Exam (Sponsor: MCELROY)

LD 1404 - An Act to Create School Enrichment Funds for Public Schools (Sponsor: WATSON)

Tuesday, April 1

Agriculture, Conservation, and Forestry

Room 113, State Office Building, 1:00 p.m.

Tel. 287-1312

LD 968 - An Act to Require Recommended Silvicultural Stocking Standards on Land Ownerships Enrolled under the Tree Growth Tax Laws (Sponsor: VOLENIK)

LD 1200 - An Act to Reform the Maine Tree Growth Tax Law (Sponsor: VOLENIK)

LD 643 - An Act to Permit Forest Fire Wardens and Forest Rangers to Carry Weapons (Sponsor: HATCH)

Judiciary

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

Tel. 287-1327

LD 1392 - an Act to Require the Release of the Results of an HIV Test to an Emergency Services Worker Who Was Possibly Exposed (Sponsor: WATERHOUSE)

LD 1409 - an Act to Require Mandatory Testing of Persons Who Assault Police Officers (Sponsor: LEMKE)

Labor

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

Tel. 287-1333

LD 1014 - An Act to Give State Employees the Option of Entering the Social Security System (Sponsor: MILLS)

LD 1494 - An Act to Replace the Defined Benefit Retirement Plan for State and Other Public Employees with a Defined Contribution Plan (Sponsor: AMERO)

Legal and Veterans Affairs

Room 425, State House, 1:30 p.m.

Tel. 287-1310

LD 1572 - An Act to Make Technical Changes in the Laws Relating to the Sale of Alcoholic Beverages (Sponsor: CAREY) (Department Bill)

Transportation

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

Tel. 287-4148

LD 1346 - An Act to Prohibit the Department of Transportation from Spraying Herbicides Along Highways (By Request) (Sponsor: PERKINS)

LD 1347 - An Act to Require a Vehicle to be Registered in the Town in Which the Owner Resides (Sponsor: TRUE)

Wednesday, April 2

Criminal Justice

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

Tel. 287-1122

LD 1312 - An Act to Strengthen Parental Responsibility for Juveniles (Sponsor: LINDAHL)

Education and Cultural Affairs

Room 113, State Office Building, 1:00 p.m.

Tel. 287-3125

LD 1425 - An Act to Provide for Direct Reimbursement of Special Education Costs (Sponsor: KILKELLY)

LD 1495 - An Act to Repeal the Special Education Laws (Sponsor: FERGUSON)

State and Local Government

Room 334, State House, 1:30 p.m.

Tel. 287-1330

LD 1379 - An Act to Place Conditions on the Investment of Municipal Funds in Mutual Funds (Sponsor: AMERO)

LD 1204 - An Act to Establish the Maine Disaster Relief Laws (Sponsor: DAVIDSON)

Taxation

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

Tel. 287-1552

LD 1419 - An Act to Clarify the Application of the Sales Tax on Hay, Horses and Horse Farms (Sponsor: KILKELLY)

LD 1421 - An Act to Exempt from the Sales Tax Computers Used in Commercial Fishing (Sponsor: PINGREE)

LD 1514 - RESOLUTION, Proposing an Amendment to the Constitution to Require That All Income and Sales Tax Increases Be Approved by Referendum (Sponsor: CAMPBELL)

Thursday, April 3

Appropriations & Financial Affairs

Room 228, State House, 1:00 p.m.

Tel. 287-1635

LD 1106 - An Act to Increase Access to Education, Training and Employment for Displaced Homemakers (Sponsor: PINGREE)

Business and Economic Development

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

Tel. 287-1331

LD 1437 - Resolve, to Establish Regional Service Centers (Sponsor: JENKINS)

LD 1452 - An Act to Place a Moratorium on Construction and Development in Southern Maine and to Provide for Equal Economic Opportunity for All Regions of the State (By Request) (Emergency) (Sponsor: JOY)

Judiciary

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

Tel. 287-1327

LD 1042 - An Act to Protect People with Limited Mental Capacity (Sponsor: MITCHELL E)

Friday, April 4

Appropriations & Financial Affairs

Room 228, State House, 9:00 a.m.

Tel. 287-1635

LD 268 - An Act to Authorize a General Fund Bond Issue in the Amount of $20,000,000 for Landfill Closure and Remediation (Sponsor: MICHAUD)

LD 465 - An Act to Authorize a General Fund Bond Issue to Improve Indoor Air quality in Public Schools (Sponsor: GAGNON)

LD 536 - An Act to Authorize a General Fund Bond Issue to Reduce Homelessness (Sponsor: BRENNAN)

LD 537 - An Act to Authorize a General Fund Bond Issue in the Amount of $25,000,000 to Build 3 Regional Psychiatric Facilities (Sponsor: BRENNAN)

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 in Areas Zoned by Municipalities for Industrial and Light Industrial Uses (Sponsor: LAWRENCE)

Education and Cultural Affairs

North Wing, Augusta Civic Center, 10:00 a.m.

Tel. 287-3125

LD 852 - An Act to Prohibit the State from Dictating Educational Curricula (Sponsor: VEDRAL)

Labor

Room 134, State House, 9:30 a.m.

Tel. 287-1333

LD 1110 - An Act to Decrease the Threshold Amount Required for Receiving Unemployment (Sponsor: RUHLIN)

LD 1309 - An Act to Provide for the Interception of an Individual’s Unemployment Compensation to Repay an Overissue of Food Stamp Coupons (Sponsor: PENDLETON R) (Department Bill)

Legal and Veterans Affairs

Room 425, State House, 10:00 a.m.

Tel. 287-1310

LD 1376 - An Act to Improve the State’s Democracy by Increasing Access to the Ballot and Other Election Processes (Sponsor: DAGGETT) (Department Bill)

LD 986 - An Act to Allow Independent Voters to Vote in Primary Elections (Sponsor: LEMKE)

State & Local Government

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

Tel. 287-1330

LD 1408 - An Act to Redistrict Knox County and Provide for 5 County Commissioners (Sponsor: SAVAGE)

LD 77 - An Act to Change the Budgeting Process for York County (Sponsor: JOYNER)

LD 1591 - An Act to Amend the Washington County Budget Process (Emergency) (Sponsor: BUNKER)

LD 1359 - An Act to Amend the Androscoggin County Budget Process (Sponsor: BOUFFARD)

LD 1387 - Resolve, to Authorize the Lincoln County Commissioners to Borrow Not More Than $600,000 to Build the Lincoln County Communications Center (Emergency) (Sponsor: SPEAR)

LD 1358 - An Act to Amend the Procedures for Finalizing the Kennebec County Budget (Sponsor: JONES)

LD 702 - An Act to Amend the Penobscot County Budget Committee Process (Sponsor: SAXL J)

LD 706 - An Act to Amend the Washington County Budget Advisory Committee (Sponsor: GOODWIN)