weekly
LEGISLATIVE REPORT

From Heather J.R. Priest, Clerk of the House
State House, Augusta, Maine

Volume XXXVII, No. 28

Tuesday, July 12, 2011

125TH LEGISLATURE

FIRST REGULAR SESSION

LEGISLATURE ADJOURNED ON JUNE 29, 2011

END OF SESSION ISSUE

BILLS ENACTED

Public Laws

Signed by the Governor
Friday, July 8, 2011

Ch. 453 - An Act To Amend the Maine Historic Preservation Tax Credit. (S.P. 235, L.D. 742)

Ch. 454 - An Act To Improve the Maine Seed Capital Tax Credit. (H.P. 14, L.D. 22)

Ch. 455 - An Act Regarding the Use of Methadone by Operators of Commercial Motor Vehicles. (H.P. 710, L.D. 966)

Ch. 456 - An Act To Allow a Student Attending Private School Access to Public School Cocurricular, Interscholastic and Extracurricular Activities. (H.P. 662, L.D. 903)

Ch. 457 - An Act To Include Independent Practice Dental Hygienists in MaineCare. (H.P. 58, L.D. 70)

Ch. 458 - An Act Regarding Pharmacy Reimbursement in MaineCare. (H.P. 272, L.D. 346)

Ch. 459 - An Act To Appropriate Funds for the Maine Downtown Center. (S.P. 176, L.D. 584)

Ch. 460 - An Act To Create a Consolidated Liquor License and Amend the Laws Governing Agency Liquor Stores. (S.P. 403, L.D. 1300)

Ch. 461 - An Act To Make Certain Prescription Drug Disclosure Laws Consistent with Federal Law. (H.P. 530, L.D. 719)

Ch. 462 - An Act To Clarify the Collection Process for the Commercial Forestry Excise Tax. (H.P. 681, L.D. 921)

Ch. 463 - An Act Regarding Labor Contracts for Public Works Projects. (S.P. 378, L.D. 1257)

Ch. 464 - An Act To Implement the Recommendations of the Criminal Law Advisory Commission Relative to the Maine Criminal Code and Related Statutes. (H.P. 1028, L.D. 1399)

Private and Special Laws

Signed by the Governor
Friday, July 8, 2011

Ch. 18 - An Act To Provide for the 2011 and 2012 Allocations of the State Ceiling on Private Activity Bonds. (H.P. 627, L.D. 830)

Resolves

Signed by the Governor
Wednesday, July 6, 2011

Ch. 105 - Resolve, Creating the Advisory Committee on Maine's Health Insurance Exchange. (EMERGENCY) (H.P. 1165, L.D. 1582)

Signed by the Governor
Friday, July 8, 2011

Ch. 106 - Resolve, To Foster Energy Efficiency Improvements and Other Needed Renovations at Residential Care Facilities Funded by MaineCare. (EMERGENCY) (S.P. 219, L.D. 790)

Ch. 107 - Resolve, To Study the Cost of Providing Behavioral Health Care and Substance Abuse Services. (H.P. 711, L.D. 967)

Ch. 108 - Resolve, To Establish the Blue Ribbon Commission on Affordable Housing. (H.P. 638, L.D. 841)

Ch. 109 - Resolve, To Evaluate the All-payor Claims Database System for the State. (H.P. 1076, L.D. 1467)

Ch. 110 - Resolve, To Ensure Cost-effective Services for Persons Needing Neuropsychological Testing. (H.P. 940, L.D. 1281)

Ch. 111 - Resolve, To Review Issues Dealing with Regulatory Takings. (EMERGENCY) (H.P. 1086, L.D. 1477)

Ch. 112 - Resolve, To Study Allocations of the Fund for a Healthy Maine. (H.P. 1144, L.D. 1558)

Ch. 113 - Resolve, To Reform the Land Use and Planning Authority in the Unorganized Territory. (H.P. 1126, L.D. 1534)

Chaptered copies of the above measures may be obtained from the Engrossing Department, Room 106, State House, 7 State House Station, Augusta, Maine 04333-0007, Ph. 207-287-1649.

BILLS HELD BY THE GOVERNOR

"…If the bill or resolution shall not be returned by the governor within 10 days (Sundays excepted) after it shall have been presented to the Governor, it shall have the same force and effect as if the Governor had signed it unless the Legislature by their adjournment prevent its return, in which case it shall have such force and effect, unless returned within 3 days after the next meeting of the same Legislature which enacted the bill or resolution; if there is no such next meeting of the Legislature which enacted the bill or resolution, the bill or resolution shall not be a law." (excerpted from Article IV, Part Third, Section 2 of the Constitution of Maine)

An Act To Provide a Sales Tax Exemption to Incorporated Nonprofit Performing Arts Organizations (S.P. 55) (L.D. 205)

An Act To Provide an Income Tax Credit for Persons Engaged in Commercial Forestry (S.P. 100) (L.D. 338)

An Act To Protect Public Safety in the Operation of Casinos (H.P. 473) (L.D. 643)

An Act To Provide Administrative Support to the Citizen Trade Policy Commission (H.P. 716) (L.D. 972)

An Act To Support Resource Sharing among Maine Libraries (H.P. 767) (L.D. 1033)

An Act To Improve the Energy Efficiency of Public Buildings and Create Jobs (S.P. 385) (L.D. 1264)

Copies of the Bills may be obtained from the Document Room, First Floor, State House, Augusta, Maine 04333-0002 - Ph: 207-287-1408 or by e-mailing a request to webmaster_house@legislature.maine.gov . Please include your mailing address as we can not mail bill text electronically.

Bill text is also available at the Maine Legislature Web Site http://legislature.maine.gov/bills/billtexts.

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

INTERIM STUDIES AND COMMITTEE MEETINGS
APPROVED FOR 2011

Agriculture, Conservation and Forestry Meeting Regarding LURC (Chapter 113, Resolves of 2011)

Franco-American Task Force (Chapter 102, Resolves of 2011)

Legislative Youth Advisory Council (3 MRSA, Section 168-B) (Continuation)

Commission to Study Allocations of the Fund for a Healthy Maine (Chapter 112, Resolves of 2011)

Insurance and Financial Services Committee Meetings with the Advisory on Maine's Health Insurance Exchange (Chapter 105, Resolves of 2011)

Commission to Study Priorities and Timing of Judicial Proceedings in State Courts (Chapter 104, Resolves of 2011)

Committee to Review Issues Dealing with Regulatory Takings (Chapter 111, Resolves of 2011)

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

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

Blue Ribbon Commission on Affordable Housing (Chapter 108, Resolves of 2011)

Veterans and Legal Affairs Committee to review report on Maine Clean Elections Act (Chapter 103, Resolves of 2011)

ONE HUNDRED THIRTY-FOUR ITEMS
HELD OVER BY LEGISLATURE

The following specified matters are held over to any special and/or regular session of the 125th Legislature by vote of the House and Senate, pursuant to Joint Order House Paper 1190:

Agriculture, Conservation and Forestry

H.P. 288, L.D. 362 - Resolve, Directing the Department of Conservation To Acquire an Easement To Provide Access to the Dead River

H.P. 821, L.D. 1109 - Resolve, To Target Job Creation in the Agricultural Sector To Improve the Stability and Economic Strength of Rural Maine

H.P. 832, L.D. 1120 - An Act To Move the Land for Maine's Future Program to the Department of Agriculture, Food and Rural Resources

Appropriations and Financial Affairs

S.P. 36, L.D. 63 - An Act To Authorize a General Fund Bond Issue To Repair the Mountain Division Rail Line

H.P. 93, L.D. 111 - An Act To Authorize a General Fund Bond Issue To Fund Large-scale Marketing and Research and Development for Bulk Sales of Maine Seafood Worldwide

S.P. 76, L.D. 225 - An Act To Authorize a General Fund Bond Issue in the Amount of $50,000,000 To Fund Research and Development

H.P. 216, L.D. 263 - An Act To Authorize a General Fund Bond Issue To Fund Construction of a Marine Technology Incubator Facility at the Gulf of Maine Research Institute

H.P. 285, L.D. 359 - An Act To Authorize a General Fund Bond Issue for Wastewater and Drinking Water Revolving Loan Funds

H.P. 307, L.D. 381 - An Act To Establish a New Method of Determining the State Budget

S.P. 112, L.D. 399 - An Act To Authorize a General Fund Bond Issue To Fund LifeFlight

H.P. 327, L.D. 409 - An Act To Authorize a General Fund Bond Issue for Research and Development for Technology Advancement

S.P. 121, L.D. 417 - An Act To Authorize a General Fund Bond Issue To Improve Rail Lines in Western Maine

S.P. 124, L.D. 420 - An Act To Authorize a General Fund Bond Issue To Fund Building a Container Port on Sears Island

H.P. 363, L.D. 470 - An Act To Authorize a General Fund Bond Issue To Complete Renovation of a Bulkhead at the Gulf of Maine Research Institute

S.P. 146, L.D. 513 - RESOLUTION, Proposing an Amendment to the Constitution of Maine To More Equitably Fund the Liabilities of the Maine Public Employees Retirement System

S.P. 157, L.D. 565 - An Act To Provide Funding for the World Acadian Congress

S.P. 234, L.D. 741 - An Act To Authorize a General Fund Bond Issue To Invest in Water and Sewer Infrastructure To Protect Public Health and To Facilitate the Expansion and Growth of Business

H.P. 584, L.D. 777 - An Act To Authorize a General Fund Bond Issue To Expand Necessary Capital Improvements at the University of Maine System That Support the Critical Disciplines of Science, Technology, Engineering and Math To Enhance Economic Development and Employment Opportunities for Maine Citizens

H.P. 603, L.D. 807 - An Act To Repeal the Bonding Authority of the Maine Governmental Facilities Authority

H.P. 625, L.D. 829 - An Act To Authorize a General Fund Bond Issue To Invest in Transportation, Broadband Infrastructure, Downtown Revitalization, Land for Maine's Future and Training Facilities in Labor Market Areas with Higher than Average Unemployment for Tourism-related Training

H.P. 639, L.D. 842 - An Act To Authorize a General Fund Bond Issue To Support Research and Sustainable Development of Maine's Natural Resources

S.P. 254, L.D. 851 - An Act To Authorize a General Fund Bond Issue To Invest in Railroads To Reduce the Cost of Shipping to Maine Businesses, Attract Tourists to Maine and Facilitate the Development of Commuter Rail Transportation To Reduce the Use of Oil in Maine

S.P. 255, L.D. 852 - An Act To Authorize a General Fund Bond Issue To Support Maine's Natural Resource-based Economy

S.P. 278, L.D. 874 - An Act To Authorize a General Fund Bond Issue for Educational Opportunities for Underserved Regions of the State

S.P. 282, L.D. 894 - An Act To Authorize a General Fund Bond Issue To Invest in Highway and Bridge Infrastructure To Meet the Needs of the Business Sector and To Create Jobs

H.P. 679, L.D. 919 - An Act To Authorize a General Fund Bond Issue To Weatherize and Upgrade the Energy Efficiency of Maine Homes and Businesses and To Provide for a Trained Workforce for Maine's Energy Future

S.P. 294, L.D. 948 - An Act To Authorize a General Fund Bond Issue To Create Jobs through Energy Efficiency

H.P. 723, L.D. 979 - An Act To Authorize a General Fund Bond Issue To Create an Animal and Plant Diagnostic Facility at the University of Maine

S.P. 310, L.D. 990 - An Act To Authorize a General Fund Bond Issue in the Amount of $1,000,000 for Road and Bridge Construction

S.P. 362, L.D. 1187 - An Act To Authorize a General Fund Bond Issue To Revitalize Maine's Downtowns through Innovative Business Development and the Creative Economy

H.P. 931, L.D. 1240 - An Act To Authorize a General Fund Bond Issue To Reduce the Cost of Government through Energy Efficiency

H.P. 1019, L.D. 1386 - An Act To Authorize a General Fund Bond Issue To Fund the Challenger Learning Center of Maine

H.P. 1024, L.D. 1395 - An Act To Authorize a Highway Fund Bond Issue To Improve Maine's Roads and Bridges

Criminal Justice and Public Safety

H.P. 478, L.D. 648 - An Act To Prohibit Organized Retail Theft

S.P. 321, L.D. 1088 - An Act Regarding the Writing of Bad Checks

S.P. 328, L.D. 1095 - An Act To Facilitate the Construction and Operation of Private Prisons by Authorizing the Transport of Prisoners out of State

H.P. 849, L.D. 1143 - An Act To Require That Law Enforcement Officials Collect DNA Samples from Persons Arrested for Certain Crimes

H.P. 1117, L.D. 1514 - An Act To Amend the Sex Offender Registration Laws

Education and Cultural Affairs

H.P. 84, L.D. 98 - Resolve, Directing the Commissioner of Education To Adopt a Policy Regarding Management of Head Injuries in Youth Sports

H.P. 457, L.D. 627 - An Act To Expand the Capacity of York County Community College

S.P. 206, L.D. 675 - An Act To Establish Multidistrict Online Classes in Maine

H.P. 702, L.D. 958 - Resolve, To Direct the Department of Education To Review the Essential Programs and Services Model

H.P. 724, L.D. 980 - An Act To Prohibit Cyberbullying in Public Schools

H.P. 739, L.D. 1003 - An Act To Assist Maine Schools To Obtain Federal Funds for Medically Necessary Services

H.P. 928, L.D. 1237 - An Act To Prohibit Bullying in Schools

H.P. 962, L.D. 1316 - An Act To Expand Magnet Schools in Maine

S.P. 439, L.D. 1422 - An Act To Prepare Maine People for the Future Economy

S.P. 473, L.D. 1503 - An Act To Promote School Attendance and Increase School Achievement

Energy, Utilities and Technology

S.P. 129, L.D. 425 - An Act To Stimulate Demand for Renewable Resources

H.P. 695, L.D. 935 - An Act To Create Fair and Open Competition in Line Extension Construction

Environment and Natural Resources

H.P. 522, L.D. 693 - An Act Concerning Solid Waste Facility Citizen Advisory Committees

H.P. 588, L.D. 781 - An Act To Establish Flushability Standards for Consumer Products Advertised as Flushable

H.P. 646, L.D. 879 - An Act To Ensure Adequate Landfill Capacity in the State for Solid Waste

H.P. 937, L.D. 1278 - An Act To Stabilize Solid Waste Management Funding

H.P. 1038, L.D. 1412 - An Act To Promote the Proper Disposal of Used Medical Sharps

H.P. 1073, L.D. 1458 - An Act To Transfer Recycling Technical Assistance and Solid Waste Policy Responsibilities from the State Planning Office to the Department of Environmental Protection

Health and Human Services

S.P. 192, L.D. 612 - An Act To Provide Reimbursement for Medication Therapy Management Services

H.P. 476, L.D. 646 - An Act To Ensure the Safety of Children in the MaineCare Program Who Are Prescribed Antipsychotic Medications

H.P. 602, L.D. 806 - An Act To Provide Public Access to Price Lists of Hospitals and Ambulatory Surgical Facilities

S.P. 285, L.D. 897 - An Act To Amend the Application Process for the Progressive Treatment Program

H.P. 696, L.D. 936 - An Act To Conform Maine Menu Labeling Laws to Federal Standards

H.P. 826, L.D. 1114 - An Act To Improve Preventive Dental Health Care and Reduce Future Avoidable Costs

H.P. 827, L.D. 1115 - An Act To Clarify the Responsibilities of the Maine Developmental Services Oversight and Advisory Board

H.P. 1003, L.D. 1364 - An Act To Improve the Quality and Reduce the Cost of Health Care

Inland Fisheries and Wildlife

S.P. 64, L.D. 213 - An Act To Provide Funding for the Fish Stocking Program

S.P. 83, L.D. 274 - An Act To Increase the Moose Permit Allocations for Zones 2 and 3

H.P. 298, L.D. 372 - An Act To Reduce Deer Predation

H.P. 467, L.D. 637 - Resolve, To Increase the Amount Tagging Agents Receive for Tagging Game

H.P. 933, L.D. 1242 - An Act To Restore the Deer Herd in Certain Wildlife Management Districts in Maine

H.P. 973, L.D. 1327 - Resolve, To Study the Organization of the Fisheries Management Activities of the Department of Inland Fisheries and Wildlife and Make Recommendations To Improve Efficiency and Effectiveness

S.P. 435, L.D. 1408 - An Act To Amend Water Quality Standards for Fish Hatcheries

Insurance and Financial Services

H.P. 649, L.D. 882 - An Act To Limit Health Care Mandates

H.P. 764, L.D. 1030 - An Act To Reduce Costs for Small Businesses

H.P. 877, L.D. 1179 - An Act To Require Advance Review and Approval of Certain Small Group Health Insurance Rate Increases and To Implement the Requirements of the Federal Patient Protection and Affordable Care Act

H.P. 1098, L.D. 1497 - An Act To Comply with the Health Insurance Exchange Provision of the Patient Protection and Affordable Care Act

H.P. 1099, L.D. 1498 - An Act To Phase Out Dirigo Health and Establish the Maine Health Benefit Exchange for Small Businesses and Individuals

Joint Select Committee on Joint Rules

S.P. 412, L.D. 1335 - An Act Relating to the Authority of the Legislative Council over the Fiscal Note Process

H.P. 122 - Joint Order, To Amend Joint Rule 310 by Adding Subsection 7 To Permit Committees To Attach Cosponsors to Bills

H.P. 1049 - Joint Order, To Amend the Joint Rules To Require Review of a Proposal To Create a New Crime or Enhance an Existing Criminal Penalty

H.P. 1080 - Joint Order, To Amend the Joint Rules To Eliminate Concept Drafts

S.P. 237 - Joint Order, Proposing an Amendment to the Joint Rules Regarding Fiscal Notes

Judiciary

H.P. 128, L.D. 145 - An Act To Protect Homeowners Subject to Foreclosure by Requiring the Foreclosing Entity To Provide the Court with Original Documents

H.P. 257, L.D. 324 - An Act To Authorize Parents with Power of Attorney To Make Decisions Regarding the Education of Their Adult Children

S.P. 123, L.D. 419 - An Act To Ensure the Payment of Survivor Benefits to Certain Children

H.P. 481, L.D. 651 - An Act To Improve Tribal-State Relations

H.P. 722, L.D. 978 - An Act To Amend the Probate Code Regarding Powers of Attorney, Education of Children and Guardianship

H.P. 1016, L.D. 1377 - An Act To Adopt the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act

S.P. 456, L.D. 1465 - An Act To Amend the Laws Governing Freedom of Access

S.P. 487, L.D. 1530 - An Act To Amend the Housing Provisions of the Maine Human Rights Act

S.P. 493, L.D. 1546 - An Act To Amend the Laws Governing the Deference Afforded to Agency Decisions

Labor, Commerce, Research and Economic Development

H.P. 251, L.D. 309 - An Act To Make Voluntary Membership in a Public Employee Labor Organization in the State

H.P. 256, L.D. 323 - An Act To Implement a Coordinated Strategy To Attract New Businesses, Expand Existing Businesses and Develop a Consistent and Recognizable Maine Brand

H.P. 310, L.D. 384 - An Act To Provide Incentives To Foster Economic Growth and Build Infrastructure in the State

H.P. 572, L.D. 765 - An Act To Address the Documented Educational and Rehabilitation Needs of Persons Who Are Blind or Visually Impaired

H.P. 578, L.D. 771 - An Act To Establish the St. John Valley Regional Planning Commission

S.P. 301, L.D. 955 - An Act To Establish the Dental Adjudicatory Panel

H.P. 898, L.D. 1207 - An Act To Amend the Labor Laws Relating to Certain Agricultural Employees

H.P. 960, L.D. 1314 - An Act To Standardize the Definition of "Independent Contractor"

S.P. 428, L.D. 1383 - An Act To Improve the Process by Which Logging Contractors Hire Legal Foreign Workers

S.P. 444, L.D. 1437 - An Act To Implement Recommendations on Reinventing Government

H.P. 1065, L.D. 1451 - An Act To Create Transparency and Accountability in Economic Development Subsidies

H.P. 1154, L.D. 1571 - An Act To Amend the Laws Governing Workers' Compensation

Marine Resources

S.P. 509, L.D. 1579 - An Act To Amend the Lobster Promotion Council

State and Local Government

H.P. 231, L.D. 287 - An Act To Provide Savings to the State by Contracting Out Certain Services

H.P. 426, L.D. 543 - An Act To Protect Legislative Intent in Rulemaking

H.P. 576, L.D. 769 - An Act To Review the Functions of the State Planning Office

H.P. 1137, L.D. 1550 - An Act To Change Document Filing Fees for County Registries of Deeds

Taxation

H.P. 45, L.D. 52 - An Act To Dedicate a Percentage of the Sales and Use Tax on Motor Vehicles and Motor Vehicle Parts to the Highway Fund

H.P. 187, L.D. 234 - An Act To Provide a Sales Tax Exemption to Commercial Horticulturists

H.P. 247, L.D. 305 - RESOLUTION, Proposing an Amendment to the Constitution of Maine To Allow Land and Buildings To Be Assessed Differently

H.P. 448, L.D. 590 - An Act To Require Review of Certain Changes to Sales Tax Policy Application or Practice prior to Implementation

H.P. 632, L.D. 835 - An Act To Strengthen Maine's Economy through Improvements to the Educational Opportunity Tax Credit

S.P. 252, L.D. 849 - An Act To Provide Tax Relief for Maine's Citizens by Reducing Income Taxes

H.P. 643, L.D. 876 - An Act To Convert Vacant Commercial Property to Occupied Commercial Property

H.P. 844, L.D. 1138 - An Act To Prevent Unnecessary Expulsion of Landowners from the Maine Tree Growth Tax Law Program

H.P. 862, L.D. 1164 - An Act To Support Maine Farms and Alleviate Hunger

H.P. 916, L.D. 1225 - An Act To Create an Income Tax Return Checkoff To Fund Cancer Screening, Detection and Prevention

S.P. 459, L.D. 1470 - An Act To Ensure Harvesting of Timber on Land Taxed under the Maine Tree Growth Tax Law

H.P. 1127, L.D. 1535 - An Act Relating to Fiscal Notes on Proposed Legislation

Transportation

H.P. 175, L.D. 198 - An Act To Update Motor Vehicle Safety Inspection Laws

H.P. 526, L.D. 697 - An Act To Provide Funding for the Maine Gateway Bridges

H.P. 799, L.D. 1064 - Resolve, To Expand the Scope of the Study of Existing Highway Infrastructure and Future Capacity Needs West of Route 1 in York and Cumberland Counties Being Conducted by the Department of Transportation and the Maine Turnpike Authority

H.P. 836, L.D. 1124 - An Act To Authorize the Use of Traffic Surveillance Cameras To Prove and Enforce Violations of Overtaking and Passing School Buses

S.P. 421, L.D. 1367 - An Act To Restore Maine's Secondary Roads

Veterans and Legal Affairs

H.P. 102, L.D. 120 - An Act To End Taxpayer-funded Campaigns for Gubernatorial Candidates

H.P. 176, L.D. 199 - An Act To Strengthen Maine's Election Laws by Requiring Photograph Identification for the Purpose of Voting

H.P. 153, L.D. 227 - An Act Relating to the Establishment of Casinos

S.P. 284, L.D. 896 - An Act To Adopt the Uniform Military and Overseas Voters Act

H.P. 664, L.D. 905 - An Act To Improve Maine's Liquor Distribution System

S.P. 350, L.D. 1150 - An Act To Improve the Administration of the Legislative Ethics Laws

S.P. 383, L.D. 1262 - An Act To Increase Penalties for Certain Violations of the Campaign Reports and Financing Laws

H.P. 1078, L.D. 1469 - An Act To Permit Video Gaming for Money Conducted by Nonprofit Organizations

S.P. 484, L.D. 1523 - An Act To Improve the Maine Clean Election Act

S.P. 489, L.D. 1539 - An Act To Improve Laws on Gaming

SESSION LAWS BECOME EFFECTIVE

Regular Bills and Resolves passed during the First Regular Session of the 125th Legislature become effective September 28, 2011. Emergency measures are effective when signed by the Governor.