Legislature
adjourns for 2008
Amid budget shortfall and consolidation proposals, a number of positive
bills pass into law – list below
April 18, 2008
AUGUSTA – The Maine Legislature adjourn for the year on Friday
night, April 18. Although much of the focus in 2008 had been on closing
an unexpected budget shortfall and proposals to consolidate school districts
and jails, many bills were passed into law in 2008 that will help Mainers
to save costs on health care and energy; encourage renewable resources
and alternative transportation; protect children from exposure to toxic
chemicals; boost road and bridge repairs; increase wages and encourage
economic development.
“It was a challenging year for the Legislature, but we have a
lot to be proud of,” said House Majority Leader Hannah Pingree,
D-North Haven. “A small handful of issues capitalized a lot of
our time and the public’s attention. But we passed a number of
Democratic bills into law this year that will continue to move Maine
forward in the critical arenas of health care access, energy, public
safety and transportation.”
The second session of the 123rd Legislature began and ended with discussions
around changes to the school district consolidation law, which was passed
with broad bipartisan support as a part of the governor’s biennial
state budget last year. The Legislature’s Education Committee
considered more than 60 proposed amendments to the law from legislators
across the state in January, and developed two bills absorbing many
of the suggestions their colleagues offered to amend the law. The Department
of Education also submitted a bill that included several non-controversial
changes, to address unintentional issues that arose as districts worked
to consolidate administrative functions. The House and Senate made wholesale
changes to the DOE bill and passed a version that the governor vetoed,
which led to days of regular negotiations between the legislature and
governor on a compromise bill that passed through the House and Senate
in the session’s final week.
The Legislature also faced an unexpected challenge midway through the
session when the State’s budget forecasting committee determined
that Maine was facing a $190 million shortfall in the state budget,
due largely to a national economic downturn and cuts to health care
funding from the federal government. Governor Baldacci proposed a supplemental
budget to close the gap, but it contained cuts to many programs for
elderly Mainers, kids and people with disabilities as well as programs
to prevent domestic violence and provide shelter for homeless teens
that many lawmakers would not accept. Legislators worked around the
clock for weeks to amend the budget in order to restore funding to many
of those services by spreading the cuts more equitably across state
government without raising taxes or borrowing from the State’s
rainy day fund.
Legislators were also able to appropriate funding in the budget for
some new state initiatives, including a tax credit for developers rehabilitating
historic downtown properties and the funding of school breakfast for
low income school children.
However, amid the often contentious and challenging debate on school
district consolidation and the budget, lawmakers passed a number of
new laws in 2008 that will benefit the state’s workers, environment,
health and safety.
HEALTH AND SAFETY
The 2008 Legislature passed a number of measures to protect the health
and safety of Maine families, and ensure health care access while keeping
costs down. Lawmakers enacted bills to protect kids from secondhand
smoke by prohibiting smoking in cars when children are present; established
strong chemical oversight policy, requiring the state to test, track
and eliminate dangerous chemicals from products that children are exposed
to in Maine; provide stable and reliable funding for the State’s
Dirigo Health program, and reduce rates for private insurance policy
owners by up to 40 percent while bringing more young and healthy people
into the market; prohibit hospitals from charging to correct medical
errors; and increase access to dental care in rural Maine through a
tax credit for rural dentists, among a number of other health and safety
measure
ENVIRONMENT AND ENERGY
Capping off a two year span that environmental advocates are saying
may be the best biennium for environmental legislation in at least 20
years, the Maine Legislature developed a low-interest loan program for
clean energy geothermal heating units; adopted the governor’s
wind power task force suggestions to advance wind power development;
and passed a law to minimize carbon emissions from coal-fired power
plants.
NATURAL RESOURCES ECONOMY AND RECREATION
The Legislature passed measures to protect access to hunting by requiring
state natural resource based agencies to work together in ensuring that
no net state-owned land is lost for hunting; restore access to the St.
Croix River for alewives; and expedite the process for reopening clam
flats and selling fresh clams.
CONSUMER PROTECTION
In 2008 lawmakers passed new bills to protect the value of pre-paid
calling cards by restricting unexpected rate-hikes that devalue the
card after its purchase; require retailers to give a cash refund on
gift cards with a balance of less than $5; prevent predatory lenders
from taking over a mortgage through foreclosure and stripping the owner
of any equity, a practice known as “equity stripping”; establish
a uniform statewide building code; and protect property sellers from
being burdened with erroneous municipal taxes.
ETHICS
The Legislature passed three bills to strengthen campaign financing
and lawmaker accountability, including measures to increase lawmaker
disclosure on family income, gifts and campaign finances; allow the
public to lodge complaints against a sitting legislator; and prevent
a clean elections candidate from paying an immediate family member for
campaign services unless they operate a business that provides those
services already.
TRANSPORTATION AND LICENSES
Legislators approved bills to increase investment in railways; boost
security around issuing state drivers’ licenses; and dedicate
more funding toward repairing and replacing state roads and bridges.
EDUCATION, ECONOMIC DEVELOPMENT, WORKING FAMILIES
The Legislature passed measures to increase the minimum wage by 50
cents in two steps over the next year and a half; allow family child
care providers to jointly negotiate with the State; and amend the Family
Medical Leave Laws to include siblings.
CRIMINAL JUSTICE AND PUBLIC SAFETY
The 123rd Maine Legislature passed bills to reduce property tax costs
and improve jail functionality by consolidating jail administrative
functions and allowing people who are unable to pay fines to perform
community service instead of serve jail time. The Legislature also passed
a measure to curb the trend of scrap metal theft.
TAX RELIEF
In addition to the jail consolidation plan, the Legislature passed
a bill to allow municipalities to develop volunteer programs for senior
citizens in order to reduce their property taxes.
Below is a list of bills and brief summaries of what they do, broken
down by the same categories as above. Also below is a brief summary
of actions taken by the 123rd Legislature in 2007.
Summary of New Laws Passed By The Maine Legislature In 2008
HEALTH AND SAFETY
856 – Reduce drunk driving and strengthen OUI laws
Increases license suspension periods for OUI offenses, and allows multiple
offenders to earn back their license if they install ignition interlock
devices, also known as “breathalyzers”
2012 – Protect kids from secondhand smoke
Protects children from secondhand smoke in cars, by prohibiting adults
from smoking in a car when a child under 16 is present
2044 - Prevent hospitals from charging for errors
Reduces overall health care costs by prohibiting hospitals from charging
patients to correct their medical errors
2048 – Protect children from toxic chemicals
Joins other states in establishing strong chemical oversight policy;
requires the state to test, track and eliminate dangerous chemicals
from products that children are exposed to in Maine
2051 - Ban private sale of firearms to minors without consent
Restricts the private sale of a firearm to minors without parental
consent
2053 – Get the lead out of children’s products
Protects children from the toxic effects of lead by prohibiting the
manufacture, distribution and sale of lead-containing children’s
products
2111 – Clear hurdles to develop the statewide radio network
Improves public safety and homeland security by allowing the state
to purchase lands necessary for the implementation of the statewide
radio and network system
2218 – Protect Maine children from lead poisoning
Works to prevent childhood lead poisoning by boosting lead inspection
and enforcement efforts and creating the voluntary lead-safe housing
registry
2247 – Continue Maine’s leadership in covering the uninsured – Dirigo,
market reform
Provides stable and reliable funding for the State’s Dirigo Health
program, and reduce rates for private insurance policy owners by up
to 40 percent while bringing more young and healthy people into the
market
2275 – Create a Bangor veterans’ campus
Authorizes the Creation of a Veterans Campus providing independent
housing, a community-based outpatient clinic, a hospice facility and
other facilities to serve veterans on a site of land owned by the state
in Bangor
2192 – Increase access to dental care in rural Maine
Creates an income tax credit of up to $15,000 for up to 5 new dentists
in 2009 and 5 additional dentists in 2010 who agree to practice in underserved
areas of the State for at least 5 years
ENVIRONMENT AND ENERGY
1942 - Develop a geothermal low interest loan program
Encourages renewable energy and helps consumers to save on energy costs
by offering low-interest loans for the installation of clean energy
geothermal heating units
2056 – Reduce pollution and save fuel by restricting excessive
engine idling
Prohibits certain commercial vehicles from excessive engine idling,
with exceptions for some industries and weather conditions
2126 - Minimize carbon emissions from coal plants
Sets a three-year moratorium on new coal-fired power plants until the
state is able to establish strict guidelines to minimize emissions
2247 – Move toward leaving ISO New England in order to
reduce energy costs for Maine consumers
Requires Maine transmission and distribution utilities to develop a
plan to leave the ISO New England Regional energy compact if the state
determines that it is not in the best interests of Maine energy consumers
2283 – Adopt the wind power task force report recommendations
Streamlines and standardizes the process for a wind farm to be approved
in certain regions
NATURAL RESOURCES ECONOMY AND RECREATION
648 – Protect the amount of state land that Is open for
hunting
Requires state conservation, parks and wildlife agencies to coordinate
their respective management of the public and state-owned land to ensure
that there is no net loss of acreage open to hunting
1957 - Restore diadromous fish in the St. Croix River
Ensures alewife passage at the Woodland Dam on the St. Croix River
2038 - Facilitate the timely reopening of closed flats
Allows the state to participate in a pilot program with at least 2
private clam flat testing labs in order to expedite the reopening of
closed flats that are waiting for tests
2039 - Resolve, to protect public health and promote a healthy soft-shell
clam industry
Allows the holder of a commercial shellfish license to safely sell
shell stock to a wholesale seafood license holder at locations in addition
to a permanent facility, like a commercial wharf
CONSUMER PROTECTION
2140 – Protect property-sellers in real estate transactions
Protects people selling their homes from punishment if they are erroneously
left with property taxes that should be the responsibility of the new
owner to pay
2180 - Protect value of prepaid calling cards
Protects the value of prepaid calling cards at the time of purchase,
and prevents card providers from changing the rates and values of purchased
cards without notice
2181 – Cash return for gift cards
Allows consumers to get a cash refund on a gift card that has less
than $5 of value left, with some exceptions
2189 – Prevent equity stripping
Prevents predatory lenders from taking over a mortgage through foreclosure
and stripping the owner of any equity, a practice known as “equity
stripping,”
2257 – Uniform building and energy code
Replaces the myriad patchwork of town building and energy codes and
establishes a statewide model building and energy efficiency code for
new home construction, remodeling and substantial renovation that cities
and towns with more than 2,000 people will be required to enforce
ETHICS
2015 - Prevent clean elections candidates from paying themselves for
services
Prevents a clean elections candidate from paying a member of their
household for campaign services unless they can prove that the family
member provides those goods or services as a part of their regular business
2178 – Lawmaker financial disclosure
Increases public confidence in Government by expanding public disclosure
of lawmakers and their families’ sources of income
2219 - Promote transparency and accountability in campaigns and governmental
ethics
Allows a process for public citizens to lodge complaints about legislators,
and increase reporting requirements for gifts to lawmakers and campaign
finance reporting
TRANSPORTATION
2019 – Strengthen investment in rail
Dedicates funding from existing accounts to support transit, aeronautics
and rail transportation, including the Downeaster train service
2304 - Residency requirement for drivers’ licenses
Requires that a person prove they are a Maine resident in order to
qualify for a driver’s license
2313 – Boost funding for bridge repair and replacement
Boosts funding to repair and replace bridges in the State through dedicated
revenue bonds from registration, title and vanity plate fees
2324 – Boost funding for road improvements
Dedicates funding through revenue bonds to repair roads throughout
the state
EDUCATION, ECONOMIC DEVELOPMENT, WORKING FAMILIES
1697 – Minimum wage
Increases the minimum wage to $7.25 per hour in October 2008, and to
$7.50 per hour in October 2009
2095 – Allow family child care providers to jointly negotiate
with the State
Formally allows the state to recognize childcare providers as a bargaining
unit and enter into negotiations with them
2132 - Amend the Family Medical Leave laws to include siblings
Allows an employee to take family medical leave for a sibling with
a serious health condition or who dies while on active military duty
if the sibling is jointly responsible with the employee for each other's
common welfare
CRIMINAL JUSTICE
1938 - Allow community service in lieu of fines
Allows communities to save money and alleviate jail overburdening by
letting judges require offenders who do not pay their fines to perform
community service instead of serving jail time
2124 - Prevent theft of construction metals
Adds layers of record-keeping and identification to the sale process
of scrap metal, to make it more difficult for metal thieves to move
their product at scrap metal processors in the State
TAX RELIEF
2080 – Reduce county property taxes and prison overcrowding
by consolidating services of state and county corrections
Creates a state board responsible for collective purchasing, managing
bed space, improving performance in recidivism reduction, pretrial diversion
and the rate of incarceration
2202 - Allow a municipality to adopt a program to provide property
tax benefits to senior citizens
Provides authority to municipalities to adopt property tax benefit
programs for seniors who provide volunteer services for the town
SUMMARY OF First Regular Session of the 123rd Maine Legislature - 2007
Passed a balanced budget that makes funding for health care and education
more sustainable, without raising taxes
· Cut spending in the governor’s original budget proposal
by $114 million
· Developed more sustainable long-term funding in school and
health care services
· Met the citizen-voted mandate to increase state funding
for K-12 public education to 55%
· Kept tuition hikes down and expanded access to higher education;
enhanced education services for blind and visually impaired children;
provided additional support for domestic violence prevention and
for Women, Work and Community
· Eased the prison overcrowding crisis and made progress in
finding long-term solutions, without shipping prisoners out of state
· The bond package will build Maine’s future economy
by injecting more than $670 million into the state after federal and
private
matching funds
· Investments in the transportation network, fixing and upgrading
roads and bridges;
· Building the economy of the future through research and
development;
· Infrastructure upgrades to higher education and K-12 school
facilities;
· The Land for Maine’s Future program, which preserves
Maine’s quality places;
· And natural resource-based and environmental cleanup projects
Made 2007 one of the best years for the environment in decades
· Joined the Regional Greenhouse Gas Initiative, which will
lower emissions in the Northeast by 10 percent
· Banned the hazardous deca flame retardant; set new groundwater
withdrawal standards; protected trees, vegetation and animals from shore
land overdevelopment; set emission standards and enacted needed regulations
for wood boiler use; and passed a bond package to invest in Land for
Maine’s Future and the working waterfront
Continued to lead the nation in proactive initiatives to keep health
care costs down
· Allowed DirigoChoice to self-administer its services, which
could save the program millions in overhead costs
· Created more transparency in rising health care costs among
providers and insurers
· Allowed dependents up to age 25 to stay on their parents’ insurance,
to keep healthy young people in the market; prohibited advertisements
in drug-prescribing software; required pharmacies to keep co-payments
down; protected seniors from manipulative insurance sales practices
when they’re purchasing Medicare products; and required insurance
companies to cover hearing aids for children up to age 18
Protected consumers, seniors, kids and workers’ rights
· Protected Maine homeowners from predatory lending practices,
and seniors from financial abuse, neglect or exploitation; required
landlords to notify tenants if they’re doing work that disturbs
lead paint; protected traditional community businesses by requiring
impact studies for big-box retail development
· Required that domestic workers be paid at least the minimum
wage
· Increased efforts to prevent domestic violence
· Expanded the family medical leave act to include domestic
partners
· Established a commission to review children’s issues,
including child development, care, and visitation rights
Passed measures to develop Maine’s economy and invest
in education
· Created a new tax credit for Maine college graduates to
help pay their student loans if they stay in the state
· Expanded Pine Tree Zone benefits to more businesses that
commit to making large capital investments and hiring more employees
· Reformed workers’ compensation - returning $68 million
in workers’ comp taxes to Maine businesses, establishing a workers’ training
program and eliminating both the social security unemployment offset
and the sunset on part-time unemployment benefits
Contact:
Travis Kennedy, Communications Director, 287-1433
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