Legislative Bulletin
February 26, 1999

CLEAR MESSAGE: MAINE NEEDS BETTER ROADS

On Wednesday, February 24th the Transportation Committee held an afternoon long public hearing on the Highway Fund Part I and II budgets.

Part II of the Highway Fund budget includes the King administration’s proposal to increase the state’s fuel tax by 5 cents a gallon in order to generate the necessary revenue in the Highway Fund to take care of the state’s road system properly.

Commissioner Melrose initiated the support testimony for the proposal by focusing on the aspects of the plan that create a stronger municipal-state partnership, reduce DOT’s over reliance on borrowing, and maximize the availability of federal highway funds for Maine. Since November of 1997 DOT has been working with a group of 24 municipal officials, representing both urban and rural municipalities, to restructure the current Local Road Assistance Program (LRAP) in an manner that focuses on building state/municipal partnerships and increasing capital investment in the road infrastructure. As currently proposed the LRAP would be divided into two programs: 1) the Rural Road Initiative and 2) the Urban Compact Initiative. The Rural Road Initiative would enable municipalities to voluntarily match additional state funds to make much needed improvements to the state’s minor collector road system. Currently, under the DOT’s $1.3 billion 20-year capital improvement plan, no funding is made available for 60% of the major collectors and 100% of the minor collectors.

No appreciable funding for nearly 3,000 miles of state roadway over the next 20 years is unacceptable from the municipal perspective.

Through the Urban Compact Initiative DOT proposes to remedy the formula inequities that exist in the existing LRAP funding calculation. Currently, the LRAP formula is generally based on a reimbursement rate of $600 per lane mile, regardless of the municipality’s responsibilities. At the same time, the state shifts over to the municipalities its compact area winter maintenance responsibilities when a municipality reaches a population of 3,500 and its compact area summer maintenance responsibilities when a municipality reaches a population of 6,000. These new responsibilities, which are based wholly on population, are reimbursed at the same rate of $600 per lane mile. In short, the municipalities with more congregated population areas are required to provide additional services without being compensated appropriately for the added responsibilities. The proposed remedy is to increase the reimbursement rates for urban compact summer and winter maintenance responsibilities to $2,500 and $1,700 per lane mile, respectively.

The proposed Initiatives would also put an end to the decade long flat-funding of the LRAP. As proposed, funding would be indexed to a percentage of DOT’s share of the Highway Fund, thus linking state assistance for local roads to increases (and potential decreases) in DOT’s budget.

The Commissioner also mentioned the need to reduce the Highway Fund’s dependence on borrowing and bonding. Currently, the percentage of MDOT revenue allocated to debt service is 15%, while the General Fund bonding rate and average national rate are at 3% and 7%, respectively.

Finally, the Department addressed the need, over the next six years, to match $745 million in available federal funds. If the state match is not appropriated, DOT could forfeit $84 million worth of federal fuel tax revenue generated in Maine. In total, the DOT Highway Fund request is an increase of $29.7 million over the last biennial budget. Of the $29.7 million increase, $6 million is allocated to the Urban and Rural Road Initiative; $13 million is dedicated to the repairs of deficient minor collector roads (particularly posted roads); $2.5 million is dedicated for the construction of state sand and salt storage facilities program; and the remaining $8.2 million is dedicated to increases to all other DOT programs. To fund the Department’s proposed budget request, DOT is advocating for a 5-cent fuel tax increase.

The Committee heard testimony in favor of the proposed 5-cent fuel tax increase and programmatic changes from a dozen associations and organizations. Those testifying in support of the fuel tax increase included the Maine Chamber and Business Alliance, Maine Better Transportation Association, Route 9 Corridor Committee, Maine Pulp and Paper Association, MMA Transportation Advisory Committee, Maine Public Works Association, Bicycle Coalition of Maine, Maine Auto Dealers Association and several representatives of regional and metropolitan transportation planning organizations. MMA provided testimony in favor of the proposed Urban and Rural Road Initiatives and the 5-cent fuel tax increase.

Although the groups testifying in favor were diverse, the message was unified and focused on four major points.

• The maintenance and preservation of the existing infrastructure is necessary to insure ongoing economic vitality in Maine;

• Increasing funding through the fuel tax will relieve the property tax burden by shifting some of the responsibility for paying for infrastructure improvements and maintenance on people who use the roads;

• Due to inflation, the fuel tax generates less real value on a year-to-year basis; and

• The reduction of DOT debt would create opportunities for greater investment in the future.

Those providing testimony in opposition to the fuel tax increase included the American Automobile Association (AAA) and the Maine Motor Transport Association (MMTA). Armed with poll results indicating that 65% of their membership opposed the fuel tax increase, AAA was the first to provide testimony in opposition of the Part II budget bill. The AAA also claimed that the revenue currently generated by the fuel tax is inappropriately allocated to services such as the State Police. However, other than recommending that the State Police be funded exclusively with General Fund revenue, the Association had no other funding alternatives to recommend to the Committee.

Maine Motor Transport also provided testimony in opposition to the proposed fuel tax increase. MMTA testified that the fuel tax increase would adversely impact the sales tax revenue that is currently generated by truck drivers. The claim was that if fuel tax rates increase, the truck drivers making deliveries to and from Maine will be forced to fuel their trucks in other states and will no longer stop for meals or purchase sundry items in this state. Although the MMTA did not have specific data, the assertion was that the loss of sales tax revenue related to trucking would far outweigh the increased fuel tax revenue.

The work sessions for these bills have been scheduled for March 2nd and March 9th.

LEAVE OF ABSENCE BILL FOR TEACHERS GETS FAIR HEARING

The State and Local Government Committee gave its full and thoughtful attention on Wednesday to a bill regarding an employee’s right to obtain a leave of absence to serve as legislator.

LD 709, An Act to Create a Uniform Standard Governing Legislative Leave of Absence, is sponsored by Rep. Joe Brooks (Winterport). The bill is one of the half dozen proposals developed by MMA’s 70-member Legislative Policy Committee to be advanced in 1999 as the Association’s legislative agenda.

As Rep. Brooks pointed out when presenting his bill to the Committee, LD 709 would create a level playing field. Under current law, any full-time employee who becomes a legislator must be given, with proper notice, a leave of absence by his or her employer in order to serve as legislator. Except for school teachers, the employer may limit the person’s leave to whatever accommodations are necessary for a single two-year legislative term. Public school teachers, however, have a unique standard under law so that they are entitled to a legislative leave of absence for an unlimited number of legislative terms.

In every case, whether a teacher or non-teacher, the employer is not required to pay the employee while that person is serving as legislator. The law regarding teacher’s leave of absence, however, provides that the leave of absence will not cause any forfeit of the teacher’s continuing contract status and other accumulated benefits.

LD 709 would establish a uniform rule that applies to all employees in the state by bringing the leave of absence standard for teachers into line with all other employees.

Rep. Brooks provided his personal experience with the law by explaining that as an employee of the Bangor Daily News, he served his first term of service during 1997-98, under the general right to an unpaid legislative leave provided to all employees. As Rep. Brooks prepared to run for his second term, his employer indicated that additional leave of absence accommodation was not in the interest of the newspaper. Rep. Brooks promoted LD 709 as a way to create an even and equal access to legislative service regardless of a person’s particular employment.

In MMA’s support for the measure, it was pointed out that no one who is normally employed can serve as a legislator without some employer accommodation. Generally, providing the accommodation is to the disadvantage of the employer. Although municipalities understand the benefits of providing an accommodation for the first term of legislative service as essentially being an obligation of civic duty, they do not understand why there is a special standard of law that allows one narrow group of governmental employees to unlimited leaves and disadvantages one narrow group of employers, who happen to be local government.

MMA also provided the Committee with the results of a random citizens opinion poll conducted by the Potholm Group in January, which asked 400 Maine voters across the state whether they thought there should be a uniform standard governing legislative leave of service as a matter of law. An overwhelming 98% of the respondents who had an opinion on that question believed that there should be a uniform standard and not a discriminatory standard with respect to legislative leave of absence and access to the Legislature. With regard to the charges made by some that MMA is "targeting teacher legislators" with this bill, the Committee was told instead that MMA is targeting a blatantly discriminatory law and that MMA would be supporting the bill if, for example, county jailers or local code enforcement officers or wastewater treatment plant operators or if any other group of local government employees had the type of special standard that current law provides to school teachers.

Four school teachers who also serve or served as legislators spoke in opposition to LD 709, as did a representative of the Maine Education Association, the teachers’ union. Representative Linda McKee (Wayne) said that she supports teachers having a unique exemption to the general rule governing legislative leave of absence; the unique standard says something about the value society places on education. Teachers play a role, according to McKee, of educating their students about the legislative process and instilling in those students an interest in service. McKee suggested that current law posed no problem as demonstrated by the lack of bill proponents who came out to testify for the bill that Wednesday morning, and said that MMA should have done the hard work of putting forward a bill that would have given all employees the same rights as now given teachers, rather than this bill to restrict teacher rights.

Representative Tom Murphy (Kennebunk) joined McKee in opposing the bill, pointing out that even though he was a teacher by profession, he was not in the Legislature to advance teacher issues particularly. Murphy pointed out that the school climate has changed dramatically since he first was elected to the Legislature in the late 1970’s, and now there is a reluctance on the part of school boards to hire older, experienced teachers. Therefore, if a teacher was not entitled to a leave of absence, and has to temporarily quit his or her job to serve in Augusta, it is not likely that the teacher would be rehired. Murphy said that even under the current system, the top-of-the-scale teacher stands to lose $15,000 to $20,000 a year while serving as a legislator.

Patricia Lemaire, a former legislator and primary school teacher in Lewiston, also testified against the bill and leveled criticism at MMA, as did the Maine Education Association. MEA testified that the municipal association’s entire legislative approach this session (line item budgets, SAD referendum process) appeared divisive and counter-productive to the teachers’ association, which had always been supportive of local government and property tax relief.

The Committee posed some hard questions to the opponents of the bill. Are teachers special? Shouldn’t all employees have the same access to legislative service? Don’t non-teachers face exactly the same issues as teachers when considering legislative service, such as loss of pay or position? How many terms of service do teachers need in order to convey a sense of legislative process to their students? If the law poses no problems to the employers as opponents to LD 709 claim, why do we need the law at all? If teachers have a preference of access to the Legislature, do teachers have undue influence in the Legislature? Do teachers gain on their benefits for retirement or on their salary scale while serving as a legislator? How do teachers’ retirement and legislators’ retirement coordinate with each other? Was it possible, the teachers’ association was asked, that MMA wasn’t "going after" anyone, but instead just raising a legitimate question about a questionable law?

The work session for LD 709 has not yet been scheduled.

BETR/TIF BILLS

As reported in last week’s Bulletin, the Tax Committee held a block of public hearings on Thursday, February 18th regarding proposals to trim the BETR and TIF economic development incentive programs in a number of ways. The essential questions posed by the cluster of LDs were whether food and lodging establishments or retail stores should be included in the tax break programs, whether a property tax payment made by a business should be reimbursed by both the state (BETR) and local (TIF) program simultaneously ("double dipping"), and whether the value of the property captured in a TIF district should be considered as municipal value for the purposes of education subsidy.

The Committee worked on those issues on Monday this week, and all but one of the BETR/TIF bills were reported out of Committee "Ought Not To Pass," either unanimously or by an overwhelming majority. The Committee tabled the BETR bill with the broadest title (LD 262, An Act to Amend the BETR Program Regarding Reimbursement and Eligibility) with the idea that the Committee may take some action on BETR this session, as more information is obtained, as alternative BETR bills come through the system, and as the biennial budget comes into sharper focus. At a projected cost to the state which is nearing $100 million over the biennium, the interrelationship between the capacity of the state to pay the BETR bill and the program’s eligibility and reimbursement standards was noted by some Committee members.

The Committee also voted a unanimous "Ought Not To Pass" to LD 340, An Act to Reduce the Property Taxes on Old Business Equipment. This bill would create an assessing methodology for business equipment that would depreciate the property value to zero over a 5-year period.

HOMESTEAD AND OTHER EXEMPTIONS

Given the sheer number of legislative initiatives submitted this session, the Taxation Committee is holding public hearings on blocks of bills clustered around certain tax policy issues. On Friday, February 19th the subject matter was property tax exemptions.

Three bills were presented to the Committee that would increase the value of the homestead exemption. One would change the value of the homestead exemption from $7,000 in just value to 7% of the assessed value of the homestead. Two bills would expand eligibility for the homestead exemption to people living in homeowner’s cooperatives and people who are in the process of purchasing their homestead under an installment contract. One bill would expand the value of the parsonage exemption from $20,000 to $100,000. Two bills would relieve farmers of their property tax obligation by requiring "current use" assessment for all agricultural land, in one case, and providing a BETR-style 50% tax rebate paid by the state, in the other case. One bill would exempt the entire property tax obligation pertaining to the homestead of Maine’s senior citizens. One bill would create a new system whereby the obligation related to a property being sold would be legally prorated between the seller and buyer, rather than falling entirely on the owner of record as of April 1, as has always been the case.

On the measures to dramatically increase the value of the homestead exemption, MMA took the position that the program should not be dramatically expanded in its second year of existence. The municipal goal is to sustain the homestead exemption program over the long haul, with the recognition that fast growing programs can become fast shrinking programs. MMA did point out, however, that of the $46 million appropriated to the homestead exemption in 1998, only $38 million was distributed, and if the Legislature still felt that $46 million was the correct level of property tax relief, that would be accomplished with a modest increase to the value of the exemption to $7,500.

On all the bills that would create or expand a property tax exemption for one group of local taxpayers at the expense of others, MMA was opposed.

The Committee’s work session on this cluster of bills was conducted on Wednesday this week. The Committee’s actions on each of these bills is as follows:

LD 545 and LD 726. Increase the value of the Homestead Exemption to $20,000 and $10,000, respectively. Committee action: Ought not to pass, unanimous of all members present.

LD 808. Increase the value of the Homestead Exemption from $7,000 to $7,500. This bill would also expand eligibility to people purchasing their homestead by installment contract (formerly known as bond-for-deed) and people living in their home as a life estate even if the deed transfer to children doesn’t reflect a life estate. Committee action: Ought not to pass, unanimous of all members present.

LD 489. Change the Homestead Exemption from $7,000 to 7% of Just Value. Committee action: Ought not to pass, unanimous of all members present.

LD 753. Create an eligibility for the Homestead Exemption for people living in a homeowners’ cooperative. Committee action: Tabled for more information about the structure of cooperatives.

LD 519. Eliminate the property tax on homes for individuals 65 Years of age or older. Committee action: Ought not to pass, unanimous of all members present.

LD 212. Increase the property tax exemption for a parsonage from $20,000 to $100,000. Committee action: Ought to pass/Ought not to pass, tie vote.

LD 544. Require all agricultural land to be assessed at its "current use" value, apparently whether or not it is enrolled in the Farm and Open Space program. Committee action: Tabled for a subcommittee to develop an amendment that would: (1) create a study group on the subject of agricultural land taxation; (2) reduce the penalty for withdrawal of land from the farmland classification towards the minimum penalty established by constitution (5 years back taxes); and (3) establish a municipal reimbursement for farmland tax classification similar to the Tree Growth reimbursement system.

LD 328. Provide 50% state-paid reimbursement to dairy farmers for the property taxes paid on their agricultural property. Committee action: Ought not to pass, strong majority.

LD 415. Limit a property owner’s tax liability to the time from the April 1 date of assessment to the date of sale of the property. Committee action: Ought not to pass, unanimous of all members present.

There are other homestead exemption bills in the hopper that will be coming to the Committee in the weeks to come.

HOMESTEAD DOES PROVIDE RELIEF

In recent news reports, Governor King expressed concern regarding the Homestead Exemption program enacted in April, 1998. Contrary to the Governor’s statements, MMA strongly believes that the Homestead Exemption program has provided widespread property tax relief to Maine homeowners and is an important step in reducing Maine’s heavy reliance on the local property tax.

The Governor expressed concern that in 20% of the communities it appeared that citizens received little or no benefit from the Homestead Exemption. Where the Governor got his 20% statistic is unclear. MMA spoke with staff at the Property Tax Division of Maine Revenue Services and learned that the agency had not tabulated information from the 1998 Municipal Valuation Returns which would have, among other things, property tax commitment data. What MMA did find out was that rough estimates from Maine Revenue Services show a statewide property tax commitment increase from 1997 to 1998 of less than one-half a percent. If you add the homestead exemption reimbursement to the 1998 commitment amount, the increase is only 3.8% which is actually lower than previous year increases (looking at the average of the past five years).

IN THE HOPPER

LD 1530 – An Act to Authorize a General Fund Bond Issue in the Amount of $120,000,000 for Land Acquisition by the Land for Maine’s Future Board (Sponsored by Rep. Shiah of Bowdoinham; additional cosponsors)

This bill would send out to the voters a bond proposal of $120 million for the purchase of public lands through the Land for Maine’s Future board.

LD 1531 – An Act to Authorize a General Fund Bond Issue in the Amount of $13,500,000 for the Repair and Upgrading of Roads in the Bangor Area Comprehensive Transportation System (Sponsored by Rep. Dunlap of Old Town)

This bill would send out the voters a bond proposal of $13.5 million for the repair and upgrading of roads in the Bangor Area Comprehensive Transportation System.

LD 1447 – An Act to Promote Maine’s Family-friendly Business and Investment Strategies (Sponsored by Sen. Longley of Waldo County; additional cosponsors)

This bill would, among other efforts to connect the provision of quality child care considerations with economic development incentives, require municipal Tax Increment Financing plans to include plans for addressing the quality child care needs of development district employers.

LD 1513 – An Act to Clarify the Definition of "Area of Operation" for Municipal Housing Authorities (Sponsored by Sen. Harriman of Cumberland County; additional cosponsors)

This bill would amend the definition of the "area of operation" with respect to housing authorities so that there would be no distinction between cities and towns, as there is under current law, and so the applicable "area of operation" for all municipalities would be the municipality where the housing authority is located and the area within 10 miles outside of the municipality’s territorial boundaries.

LD 1428 – Resolve, to Enhance Fire Protection Services throughout the State (Sponsored by Rep. McAlevey of Waterboro; additional cosponsors)

This resolve would, among other objectives, require the Department of Public Safety to enhance educational opportunities in building code management for local public officials, require the Maine State Retirement System to recognize the contributions of volunteer and call firefighters and create a length of service incentive program for the state’s firefighters, require the State Employees Health Commission to create opportunities for municipalities to hire younger firefighters and establish a health coverage "bridge" for retired career firefighters, and require the Maine Technical College System to strengthen firefighter training by offering more training programs and increasing grant funds to municipalities for that purpose.

LD 1433 – An Act to Repeal the Requirement that a Person Have a Permit to Carry a Concealed Weapon (Sponsored by Rep. Tracy of Rome; additional cosponsors)

This bill would repeal the requirement that a person obtain a permit prior to carrying a concealed weapon and replace it with a requirement that a person carrying a concealed weapon have proof that he or she has completed a handgun safety course.

LD 1468 – An Act to Eliminate the Licensing Requirements for Certain School Administrators (Sponsored by Rep. Mack of Standish; additional cosponsors)

This bill would repeal the requirements that a person have a superintendent’s certificate to be a school superintendent and that the selection of a superintendent be approved by the state. The bill would also repeal the requirement that the Department of Education establish qualifications for certifying a variety of school administrators.

LD 1470 – Resolve, to Establish a Task Force to Study the Simplification of the School Funding Formula (Sponsored by Rep. Clough of Scarborough; additional cosponsors)

This resolve would create a 17-member task force made up of community leaders from each county and one administrator from the University of Maine. The task force would be charged with developing a school funding formula that is fair, equitable and simple enough to be easily understood.

LD 1509 – An Act to Amend and Improve the Education Laws (Sponsored by Sen. Small of Sagadahoc County; additional cosponsors)

This bill would make several housekeeping changes to the law regarding the distribution of costs among the municipalities in a School Administrative District. Among other changes, the bill would amend the calculation of subsidy in the circumstance when a municipality elects to keep an elementary school open against the recommendations of the SAD board of directors.

LD 1550 – Resolve, to Establish a Task Force to Study the Improvement of Public Water Supply Protection (Sponsored by Rep. Cowger of Hallowell; additional cosponsors)

This resolve would create a 17-member task force, including some municipal membership, to study the existing protections for the public water supply and identify steps to improve the protection of those supplies, with a focus on septic system installation, petroleum storage, hazardous material handling, pesticide handling, and sludge spreading.

LD 1235 – RESOLUTION, Proposing an Amendment to the Constitution of Maine to Increase the Number of Signatures Required on Direct Initiative Petitions (Sponsored by Rep. Dunlap of Old Town)

This resolution would send out to the voters a proposed amendment to the Constitution that would increase the number of signatures needed on a citizens’ initiative from 10% to 15% of the number of voters participating in the most recent gubernatorial election.

LD 1431 – RESOLUTION, Proposing an Amendment to the Constitution of Maine to Require Signatures from All Counties on Direct Initiative Petitions (Sponsored by Rep. Cambell of Holden; additional cosponsors)

This resolution would send a proposed constitutional amendment to the voters that would require citizen referendum petitions to have at least 6% of the total required number of signatures from voters of each of Maine’s 16 counties.

LD 1455 – An Act Regarding the Spreading of Sludge (Sponsored by Rep. Jones of Pittsfield; additional cosponsors)

This bill would: (1) prohibit the land application of any wastewater treatment plant sludge that contains biomedical waste; (2) define the term "nuisance" as it is used to evaluate a sludge spreading license application; (3) establish a minimum setback for sludge spreading of 1,000 from abutting property lines; and (4) define the term "reasonable" as it applies to the municipal authority to enact local sludge spreading ordinances.

LD 1457 – An Act to Decrease Restrictions on the Sale of Land (Sponsored by Rep. Clough of Scarborough; additional cosponsors)

This bill would amend the subdivision law to permit a landowner to divide a parcel of land into 3 lots within any 5-year period without creating a subdivision if the landowner has owned the lot for a period of 5 years before the first dividing occurs and both dividings create a lot no larger than 140% of the applicable minimum lot size according to local ordinance.

LD 1458 – An Act to Allow Cutting of Trees in the Shoreland Zone Under Certain Conditions (Sponsored by Rep. Foster of Gray; additional cosponsors)

This bill would amend the law governing timber harvesting in a resource protection zone around a forested wetland associated with a Great Pond or a resource protection zone in the shoreland zone with slopes of 20% or greater. The proposed new standard in those areas would be that the ground must be frozen, no more than 40% of the volume of trees 4 inches or more in diameter could be removed, and a well distributed stand of trees and other natural vegetation remains.

LD 1495 – Resolve, to Regulate the Use, Operation and Type of Watercraft on Coastal Waters (Sponsored by Rep. Bull of Freeport; additional cosponsors)

Under current law, municipalities are authorized to adopt recommendations regarding the use, horsepower, and type of watercraft that can operate on the state’s inland waters. The adopted regulations are then forwarded to the appropriate state agency which is then required to package the adopted municipal recommendations and submit the package to the Legislature for ratification. This bill would extend that authority with respect to the use of watercraft on coastal waters abutting a municipality.

LD 1520 – An Act Requiring Maine to Adopt the Federal Rules Regarding Universal Waste (Sponsored by Rep. Daigle of Arundel)

This bill would require the Board of Environmental Protection to adopt rules establishing alternative standards for the management of a class of solid wastes known as "universal wastes" under federal regulation, which include certain hazardous wastes such as batteries, pesticides and thermostats.

LD 1537 – An Act to Protect Maine Lakes and Ponds (Sponsored by Rep. McKee of Wayne; additional cosponsors)

This bill in "concept draft" form would increase Local Road Assistance funds for towns to implement special erosion control projects in lake watershed areas on a project-by-project basis.

LD 1425 – An Act to Encourage Jobs and Opportunities in Municipalities with Low Average Income and High Property Taxes (Sponsored by Rep. Mendros of Lewiston; additional cosponsors)

This bill would create a corporate income tax credit for companies that began operations in a municipality within the last three years and that municipality’s mill rate is 150% of the statewide equalized mill rate and the median household income within that municipality is 90% or less than the statewide median household income.

LD 1426 – An Act to Reform the Property Tax Laws for Certain Exempt Properties (Sponsored by Rep. Mendros of Lewiston; additional cosponsors)

This bill is a "concept draft" that would require the state to reimburse a municipality for property tax revenue lost to statutory exemptions. The bill would also require the state to reimburse municipalities for the value of the tax revenue lost to state purchases of property after the effective date of the legislation. The concept draft would also and create a new exemption for the residential property of the state’s senior citizens, and allow municipalities to assess a fee to all nonreligious institutions up to 20% of value of the institution’s exemption.

LD 1494 – An Act to Ensure the Documentation of the Transfer of Ownership of Mobile and Modular Construction Homes (Sponsored by Rep. Savage of Union; additional cosponsors)

This bill would require the preparation of a real estate transfer document for mobile homes or modular homes when those properties are situated on real estate that is not owned by the seller of the mobile or modular home and the mobile or modular home is sold.

LD 1501 – An Act to Amend the Maine Tree Growth Tax Law (Sponsored by Sen. Bennett of Oxford County; additional cosponsors)

This bill would amend the Tree Growth tax law to allow either the landowner or a licensed professional forester to prepare the required forest management plan for the classified acreage. Under current law the plan must be either prepared by a licensed forester or reviewed by the licensed forester if initially prepared by the landowner.

LD 1524 – An Act to Include the Income of a Lessee for the Purpose of Determining Eligibility in Farm and Open Space Tax Laws (Sponsored by Rep. Jones of Pittsfield; additional cosponsors)

This bill would amend the income standard that applies to applicants for the farmland tax classification program. Under current law, the classifiable land must have produced a gross income of at least $2,000 per year over a certain number of previous years. The bill establishes that the income production from the land could be accomplished by either the landowner or a lessee.

LD 1542 – An Act to Extend the Property Tax Exemption to Veterans of the Berlin Crisis (Sponsored by Rep. McKee of Wayne; additional cosponsors)

This bill would extend the property tax exemption available to certain veterans to include those veterans who served during the "Berlin Crisis" of 1961-1962.

LD 1556 – An Act Relating to Property Tax Exemptions and Service Charges (Sponsored by Sen. Mills of Somerset)

This bill would reorganize the current statute governing non-governmental, institutional property tax exemption. In addition, the bill would permit municipalities to establish a service charge equal to the pro rata share of the cost of municipal services, excluding education.

LEGISLATIVE HEARINGS

(NOTE: You should check your newspapers for Legal Notices as there may be changes in the hearing schedule. Weekly schedules and supplements are available at the Senate Office (Room 327) at the State House and at the Legislature’s web site at http://www.state.me.us/legis. If you would like to be notified by e-mail of updates to the schedule and web page, send your name, e-mail address, and a message that includes "ANPH UPDATE" to the Senate Webmaster at webmaster_senate@state.me.us.)

LD 870 – An Act to Improve School Safety and Learning Environments (Sponsor: PRESIDENT LAWRENCE)

LD 981 – Resolve, Directing the Department of Education to Authorize the City of Auburn to Conduct the Expansion, Renovation and Repair of the East Auburn School in Auburn, Maine (Sponsor: DOUGLASS)

LD 1053 – An Act to Clarify the Laws Relating to Nonstate-funded School Construction Projects Approved by the Commissioner of Education that Replace Existing School Buildings (Sponsor: KONTOS)

LD 923 – an Act to Extend the Penobscot County Budget Committee (Sponsor: FISHER)

LD 924 – An Act to Require that a Harbor Master be Appointed by the Municipal Officers (Sponsor: SKOGLUND)

LD 1014 – An Act to Allow Private Maintenance of Public Easements (Sponsor: McKEE)

LD 1006 – An Act to Provide for Citizen Participation in the Hancock County Budget (Sponsor: POVICH)

LD 902 – an Act to Limit Load Weights on State Roads (Sponsor: POWERS)

LD 951 – An Act to Amend the Motor Vehicle Laws (Sponsor: PARADIS) (Department bill; submitted by the Department of Public Safety)

LD 678 – An Act to Require Completion of an Ambulance Operator Course (Sponsor: BULL)

LD 1153 – An Act to Require Counties to be Reimbursed 100% for all Prisoners Incarcerated in Jail From Other Jurisdictions From Arrival Until Departure

LD 339 – An Act to Treat All Employees Equitably with Respect to Leaves of Absence for Legislative Service (Sponsor: HATCH)

LD 1019 – An Act to Limit Mandatory Overtime (Sponsor: HATCH)

LD 795 – An Act to Except Grading from Definition of Excavation in Dig Safe Law (Sponsor: NUTTING, J.)

LD 1151 – An Act to Authorize the Department of Defense, Veterans and Emergency Management to Establish a Disaster Relief Trust Fund (Sponsor: MacDOUGALL)

LD 468 – An Act to Require Insurers to Disclose Insurance Data to Schools and Municipalities (Sponsor: MAYO)

LD 1126 – An Act to Increase Internal Plumbing Fees and Remedy Inconsistencies in Plumbing Laws (Sponsor: COWGER) (Department bill; submitted by the Department of Human Services)

LD 1114 – An Act to Permit Telescopes and Other Scientific Instruments to be Shielded from the Weather (Sponsor: DAVIDSON)

LD 1160 – An Act to Amend Certain Laws Administered by the Department of Environmental Protection, Bureau of Land and Water Quality (Sponsor: MARTIN) (Department bill; submitted by the Department of Environmental Protection)

LD 933 – An Act to Permit the Submission of Citizens’ Initiatives and Citizens’ Vetoes to School Districts (Sponsor: GLYNN)

LD 1056 – An Act to Clarify Conflicts of Interest Regarding Local School Board Members (Sponsor: NUTTING, J.)

LD 1125 – An Act to Modify the State’s Safe Drinking Water Laws (Sponsor: McKEE) (Department bill; submitted by the Department of Human Services)

LD 898 – An Act to Require Proof of Liquor Liability Insurance Upon Demand by a Municipality (EMERGENCY) (Sponsor: LEMOINE)

LD 789 – An Act to Reduce the Amount of Property Acquired by Municipalities for Nonpayment of Property Tax (Sponsor: GLYNN)

LD 1157 – An Act to Ensure the payment of Real Estate Taxes on Transferred Property (EMERGENCY) (Sponsor: GOODWIN)

LD 927 – An Act to Establish Property Tax Relief for the State’s Senior Citizens (Sponsor: SCHNEIDER)

LD 892 – An Act to Reimburse Municipalities for the Property Tax Loss for County Property that is Used by not Leased by the State (Sponsor: DOUGLASS)

LD 1122 – An Act to Return a Percentage of the Meals and Lodging Tax to the Municipality in Which Those Taxes were Levied (Sponsor: LEMOINE)

LD 809 – An Act to Create a Local Option Sales and Use Tax (Sponsor: MURRAY)

LD 1048 – An Act to Amend the Androscoggin County Budget Process (Sponsor: BOUFFARD)

LD 1329 – An Act to Apply the Approval Procedures in Municipal Charters to Locally Funded School Construction Projects (sponsor: DOUGLASS)

LD 1215 – An Act Regarding the Eligibility of a Citizen to Serve as a School Board Member (Sponsor: MARVIN, by request)

LD 1346 – An Act to Amend the Laws Regarding the School Administrative District Budget Approval Process (Sponsor: BROOKS)

LD 946 – An Act to Change the Composition of the Somerset County Budget Committee (Sponsor: MILLS)

LD 1222 – An Act to Change the Budget Approval Procedures for Somerset County (Sponsor: TESSIER)

LD 964 – An Act to Protect Personal Property (Sponsor: KASPRZAK)

LD 1041 – An Act to Amend Municipal Revenue Sharing to Take Into Account Sales Tax Revenues (Sponsor: GLYNN)

LD 633 – An Act to Amend the Distribution of Revenue Sharing (Sponsor: MILLS)

LD 968 – An Act to Restore Municipal Revenue Sharing (Sponsor: GAGNON)