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Barbara Cardone photograph

Representative Barbara Cardone [Democrat]
Bangor ~ District 127

Towns in District: part of Bangor

Would be term limited: 2024
Campaign funding in 2018 Election: Maine Clean Elections Act

Joint Committees:
♦ Judiciary

✉ Barbara.Cardone@legislature.maine.gov
☎ 1-800-423-2900

✉ 39 Harthorn Avenue
Bangor, Maine 04401


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OrganizationScore
Maine People's Alliance, Will of the Voters82%
Maine People's Alliance, 201892%
Maine Conservation Voters, 20188 of 8
Maine Conservation Voters, 20177 of 7
AFL-CIO, 201790%
Planned Parenthood Maine Action Fund, 2017100%

The graphs below are frequency histograms that show counts of the number of legislators with various scores, color coded by party. The "X" marks this legislator's score in that distribution of scores.

See "Explanations, Legislative scorecards" for the votes included on scorecards and links to sources.

Maine Peoples Alliance Will of the Voters graph Maine Peoples Alliance 2018 graph Maine Conservation Voters 2018 graph Maine Conservation Voters 2017 graph AFL-CIO graph Planned Parenthood Maine Action Fund graph
LD 194 An Act To Allow the Reduction of a MaineCare Lien Status: Referred to Judiciary Committee, Work session held, May 9, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 194
Under current law, when MaineCare benefits are provided to an individual for the costs of injury, disability or other occurrence for which a 3rd party is held liable, the Commissioner of Health and Human Services is entitled to recover the costs of MaineCare benefits, and the statutory lien may not be reduced to reflect an assessment of a pro rata share of the recipient's attorney's fees or litigation costs. This bill amends that provision of law to allow the statutory lien to be reduced.

LD 214 An Act To Increase Funding for Civil Legal Services Status: Referred to Judiciary Committee, Amended by Committee amendment H-316 and Senate amendment S-370, Enacted, Signed into law June 28, 2019
LD 214
This bill is a concept draft pursuant to Joint Rule 208.

This bill proposes to increase funding for civil legal services.

Amendment H-316
This amendment replaces the bill, which is a concept draft. The amendment improves funding for civil legal services by providing an appropriation from the General Fund to be distributed through the existing procedures of the Civil Legal Services Fund Commission. The amendment clarifies the qualifications for providers to be eligible for funding.

Amendment S-370
This amendment amends Committee Amendment H-316 by replacing the $5,000,000 General Fund appropriation in the committee amendment with Other Special Revenue Funds allocations of $715,010 in fiscal year 2019-20 and $953,346 in fiscal year 2020-21 as a result of increasing the percentage of judicial fees allocated to the Maine Civil Legal Services Fund and from revenues collected from a filing fee surcharge to be deposited in the Maine Civil Legal Services Fund.

LD 214 Chaptered Law
LD 214 Chaptered Law fiscal note

LD 329 An Act To Exempt from Criminal Liability Persons Reporting a Drug-related Medical Emergency Status: Referred to Criminal Justice and Public Safety Committee, Amended by Committee amendment H-178, Enacted, Signed into law May 23, 2019
LD 329
This bill exempts from arrest or prosecution a person who in good faith seeks medical assistance for another person experiencing a drug-related overdose or who is experiencing a drug-related overdose and is in need of medical assistance. The person may not be arrested or prosecuted for a violation of laws prohibiting the possession of scheduled drugs, acquiring drugs by deception, the possession of hypodermic apparatuses and the use of drug paraphernalia or a violation of probation if the grounds for arrest or prosecution are obtained as a result of the person's seeking medical assistance or experiencing a drug-related overdose.

Amendment H-178
This amendment incorporates a fiscal note.

LD 329 Chaptered Law
LD 329 Chaptered Law fiscal note
LD 530 An Act To Amend the Laws Governing Subrogation Rights for Medical Payments Coverage Status: Referred to Health Coverage, Insurance and Financial Services Committee, Amended by Committee amendment H-242, Enacted, Signed into law May 30, 2019
LD 530
This bill amends the subrogation law related to medical payments coverage to require a health care provider to notify the insured and any other person reasonably likely to be able to submit a claim prior to submitting any claim for payment of any hospital, nursing, medical or surgical services or of any expenses paid or reimbursed under the medical payments coverage in a policy. The bill also prohibits an insurer from paying a claim for payment of any hospital, nursing, medical or surgical services or of any expenses paid or reimbursed under the medical payments coverage in a policy if an insured is entitled to coverage under any other health insurance policy or contract and requires an insurer to provide at least 14 days' notice to an insured before paying such a claim.

The bill also makes it clear that an insurer that violates any of the policy requirement provisions is subject to enforcement and penalties under the unfair claims settlement practices laws.

Amendment H-242
This amendment replaces the bill. The amendment is based on a New Hampshire law. The amendment does the following.

  • 1. It prohibits a health insurance carrier from coordinating benefits against medical payments coverage in a casualty insurance policy.
  • 2. It provides that medical payments coverage is assignable only by agreement between the insured and the casualty insurer.
  • 3. It provides that the insured has the right to submit a claim for medical expenses under medical payments coverage in a casualty insurance policy. It also provides that an insured may submit a claim under a health insurance policy, except that an insured is not entitled to duplicate payment from medical payments coverage and a health insurance policy for the same medical expense.


LD 530 Chaptered Law
LD 530 Chaptered Law fiscal note
LD 531 An Act To Provide Counsel for a Person Who Is the Subject of an Adult Guardianship, Conservatorship or Other Protective Arrangement Proceeding Status: Referred to Judiciary Committee, Work session held, May 9, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 531
This bill requires a probate court to appoint an attorney for a person who is not already represented by an attorney when the person is the subject of a petition for adult guardianship, conservatorship or other protective arrangement.

LD 570 An Act To Create an Airplane Mechanic Education Program Status: Referred to Innovation, Development, Economic Advancement and Business Committee, Dead, Joint rule 310.3, May 21, 2019
LD 570
This bill is a concept draft pursuant to Joint Rule 208.

This bill proposes to develop a program to train and educate individuals for a career in aircraft mechanics and maintenance.

LD 657 An Act To Reorganize the Probate Courts Status: Referred to Judiciary Committee, Work session held, May 9, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 657
This bill is a concept draft pursuant to Joint Rule 208.

Maine voters amended the Constitution of Maine in 1967 and conditionally repealed the office of Probate Judge and Register. The repeal is to become effective when the Legislature reforms the probate court system and provides it with full-time judges. Many legislative changes have been made to this system since that time. Most recently, the 128th Legislature passed Legislative Document 123, An Act To Recodify and Revise the Maine Probate Code, Public Law 2017, chapter 402. This was a comprehensive effort to update each area of the law that involved the probate courts. While these changes to the Probate Code and similar changes since 1967 have made the system different, there have been a number of unsuccessful legislative efforts to address the need for full-time judges as envisioned by the constitutional amendment. This bill proposes to honor the will of the voters and complete that task by:

  • 1. Bringing the probate judge function into the state judicial branch by eliminating the existing office of probate judge and creating a number of new full-time state court judges who specialize in adjudicating probate law matters;
  • 2. Ensuring that Maine residents in all counties have equal and improved access to the services of a judge in probate law matters by reasonably calculating the number of new judge positions needed to fully meet this need; providing that judicial hearings will be held in existing county probate courtrooms so long as these spaces are accessible to all parties; and supplying recording devices and any other equipment necessary for the administration of justice by a state court judge. The judicial branch will be responsible for providing any needed items and compensating the county for the use of the courtrooms. This bill proposes to provide the judicial branch the funding needed for these purposes;
  • 3. Ensuring that all probate law records in all counties are contained in a computerized system with a searchable database that is part of the judicial branch case management system. This bill proposes to provide a reasonable effective date for the accomplishment of that goal and a General Fund appropriation sufficient to cover the cost;
  • 4. Ensuring that Maine law provides that each county has an elected register of probate with an office, staff and authority to deliver informal probate services that do not require a judicial order to the public in a uniform manner. This bill proposes to transfer existing judicial oversight of the register to the state court judge having responsibility for probate law matters in that county; and
  • 5. Providing continuing education through the judicial branch to each register of probate to ensure a common understanding of the law and the responsibilities of a register. This bill proposes to ensure the participation of current registers in the planning, development and presentation of these programs.


LD 747 An Act To Promote the Safe Use and Sale of Firearms Status: Referred to Criminal Justice and Public Safety Committee, Dead, Joint rule 310.3, May 28, 2019
LD 747
This bill does the following.
  • 1. It creates the civil violation of the sale or transfer of a firearm to a prohibited person and provides that a 2nd or subsequent offense is a strict liability Class E crime. The bill also creates an affirmative defense to prosecution under this new civil violation and crime that the seller or transferor of the firearm requested a federally licensed firearms dealer to conduct a computerized background check under the Federal Bureau of Investigation, National Instant Criminal Background Check System on the purchaser or transferee prior to the sale or transfer of the firearm and the background check indicated that the purchaser or transferee was not a prohibited person.
  • 2. It creates the Class D crime of the sale or transfer of a firearm to a prohibited person. A person is guilty of this crime if that person intentionally or knowingly sells or transfers a firearm to another person that the seller or transferor knows or believes is prohibited from possessing a firearm.
  • 3. It increases the fine from $50 to $1,000 for the civil violation of giving a false or fictitious name to a firearms dealer and makes the fine mandatory.
  • 4. It requires the Chief of the State Police to convene a study group to review and make recommendations regarding the so-called blue paper process as it relates to persons admitted to a psychiatric hospital on an emergency basis who are temporarily prohibited from possessing firearms. Representatives from the following are invited to participate in this review: the Office of the Attorney General, the Department of Health and Human Services, the Maine Prosecutors Association, Disability Rights Maine and any other interested parties that the Chief of the State Police determines appropriate. The Chief of the State Police is required to report the recommendations of the study group to the Joint Standing Committee on Criminal Justice and Public Safety by January 30, 2020. Following receipt of the report, the Joint Standing Committee on Criminal Justice and Public Safety may report out a bill to the Second Regular Session of the 129th Legislature.


LD 1067 An Act To Promote Fairness and Efficiency in the Delivery of Indigent Legal Services Status: Referred to Judiciary Committee, Work session held, May 9, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1067
This bill is a concept draft pursuant to Joint Rule 208.

This bill proposes to implement the recommendations of a national center dedicated to protecting rights secured by the Sixth Amendment to the United States Constitution regarding the delivery of indigent legal services in Maine.

LD 1070 An Act To Reduce the Number of Domestic Assaults and Suicides By Increasing the Tax on Alcohol Status: Referred to Taxation Committee, Dead, Joint rule 310.3, May 2, 2019
LD 1070
This bill, for the purpose of reducing the incidence of domestic violence and suicides, increases the excise taxes imposed on spirits, malt liquor, fortified wines and hard cider and the sales tax imposed on the sale of liquor sold in establishments for consumption on or off premises.

LD 1071 An Act To Prohibit the Sale of High-capacity Magazines Status: Referred to Criminal Justice and Public Safety Committee, Dead, Joint rule 310.3, May 28, 2019
LD 1071
This bill makes sale of a high-capacity magazine a Class D crime. A high-capacity magazine is a firearm magazine or other device that is used to load ammunition into the chamber of a firearm and that has the capacity to contain or accept more than 10 rounds of ammunition.

LD 1212 An Act To Adopt the Uniform Interstate Depositions and Discovery Act Status: Referred to Judiciary Committee, Enacted, Signed into law May 14, 2019
LD 1212
This bill enacts in Maine law the Uniform Interstate Depositions and Discovery Act.

LD 1212 Chaptered Law
LD 1212 Chaptered Law fiscal note
LD 1291 An Act To Update the Maine Parentage Act Status: Referred to Judiciary Committee, Work session held, May 9, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1291
This bill is a concept draft pursuant to Joint Rule 208.

This bill proposes to enact changes to the Maine Parentage Act that have been adopted as updates to the Uniform Parentage Act by the Uniform Law Commission.

LD 1483 An Act To Clarify the Disposition of Funds Presumed Abandoned in a Lawyer's Trust Account Status: Referred to Judiciary Committee, Amended by Committee amendment H-575, Enacted, Signed into law June 27, 2019
LD 1483
This bill clarifies that funds presumed abandoned under the Uniform Unclaimed Property Act in a lawyer's trust account for which identifying client information can be found must be delivered to the Treasurer of State. It provides that funds presumed abandoned in a lawyer's trust account for which no identifying client information can be found must be transferred to the lawyer's trust account program manager to be used to provide funding to organizations whose primary purpose is to provide civil legal aid to low-income residents of the State.

Amendment H-575
This amendment is the majority report of the Joint Standing Committee on Judiciary.

The bill directs lawyers, law firms and financial institutions to report to the Treasurer of State when there are funds in a lawyer's trust account for which the owner cannot be identified and deliver those funds to the lawyer's trust account program manager designated by the Supreme Judicial Court for use for civil legal services. The amendment addresses such funds currently held as unclaimed property by requiring the Treasurer of State to transfer to the lawyer's trust account program manager all such funds held on the effective date of this legislation by the Treasurer of State that were delivered to the Treasurer of State before the effective date of this legislation.

LD 1483 Chaptered Law
LD 1483 Chaptered Law fiscal note
LD 1573 An Act To Clarify Provisions of the Maine Juvenile Code Regarding Inspection, Disclosure and Dissemination of Juvenile Case Records and To Change Gender-specific Terms Status: Referred to Judiciary Committee, Amended by Committee amendment H-651, Enacted, Signed into law July 2, 2019
LD 1573
This bill amends provisions in the Maine Juvenile Code, including:
  • 1. Changing gender-specific terms to gender-neutral terms;
  • 2. Creating definitions, including a definition for "juvenile case records" to include all information, records or documents that may be contained in the court records of a juvenile for an individual case; and
  • 3. Requiring that juvenile case records be kept confidential and only disclosed, disseminated, inspected or obtained by certain parties or certain agencies or by court order.


Amendment H-651
The bill requires juvenile case records to be kept confidential and only disclosed, disseminated, inspected or obtained by certain parties or certain agencies or by court order. This amendment clarifies the disclosure, dissemination and inspection of juvenile case records.

The amendment provides that when juvenile case records are inspected by or disseminated to anyone other than parties to the juvenile's case or victims, the court may impose reasonable limitations to protect the identity and safety of 3rd parties, including, but not limited to, victims and other accused or adjudicated juveniles, and the interests of justice.

The amendment provides that the dissemination of juvenile intelligence and investigative record information is subject to limitations. It prohibits the further dissemination of juvenile intelligence and investigative record information unless such further dissemination is authorized.

The amendment prohibits a criminal justice agency from confirming the existence or nonexistence of juvenile intelligence and investigative record information that is confidential.

LD 1573 Chaptered Law
LD 1573 Chaptered Law fiscal note
LD 9 An Act To Increase Juror Compensation Status: Referred to Judiciary Committee, Dead, Joint rule 310.3, February 19, 2019
LD 9
This bill increases a juror's daily compensation rate from $15 to $40.

LD 53 An Act To Clarify Local Referendum Ballots Status: Referred to State and Local Government Committee, Amended by Committee amendment S-41, Enacted, Signed into law April 26, 2019
LD 53
This bill requires that municipal initiative and referendum questions be listed on election ballots using sequential capital letters of the alphabet rather than sequential numbers.

Amendment S-41
This amendment allows municipal officers to use sequential capital letters for municipal initiative and referendum questions, rather than requiring the use of sequential capital letters as in the bill. This amendment also clarifies that only the portion of the Maine Revised Statutes, Title 21-A, section 906, subsection 7 regarding the required use of sequential numbers is not applicable to the provisions of this legislation.

LD 53 Chaptered Law
LD 53 Chaptered Law fiscal note
LD 179 An Act To Change the Name of Columbus Day to Indigenous Peoples Day Status: Referred to State and Local Government Committee, Enacted, Signed into law April 26, 2019
LD 179
This bill changes the Columbus Day holiday in the State to Indigenous Peoples Day.

LD 179 Chaptered Law
LD 179 Chaptered Law fiscal note
LD 180 An Act To Allow for the Regulation of Transportation Network Companies at Airports by Municipalities (Emergency) Status: Referred to Transportation Committee, Amended by Committee amendment H-124, Enacted as an emergency measure, Signed into law May 8, 2019
LD 180
This bill allows a municipality to adopt an ordinance governing the operations of a transportation network company at an airport located within that municipality.

Amendment H-124
This amendment, instead of giving municipalities broad authority to adopt an ordinance governing the operations of a transportation network company at an airport, specifies that a municipality or other political subdivision operating a public airport that receives scheduled passenger aircraft service and that had more than 20,000 passenger boardings in the previous year may in a manner consistent with the airport's regulation of other prearranged for-hire transportation services charge a reasonable fee for each trip to pick up a rider at the airport made by a driver for a transportation network company and regulate the parking and traffic flow of transportation network company drivers at the airport.

LD 180 Chaptered Law
LD 180 Chaptered Law fiscal note
LD 232 An Act To Change the Process by Which Designated Nonstate Mental Health Institutions Petition the District Court To Admit Certain Patients to a Progressive Treatment Program Status: Referred to Health and Human Services Committee, Work session held, May 6, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 232
This bill changes the process by which a petition to the District Court is made to admit a patient at a designated nonstate mental health institution to a progressive treatment program. Current law provides that the superintendent or chief administrative officer of a psychiatric hospital, including a designated nonstate mental health institution, directly petition the District Court. This bill provides that the superintendent or chief administrative officer of a designated nonstate mental health institution request the Commissioner of Health and Human Services to petition the District Court on the superintendent's or chief administrative officer's behalf.

LD 332 An Act To Remove the Statute of Limitations for Certain Sex Crimes Status: Referred to Criminal Justice and Public Safety Committee, Dead, Joint rule 310.3, March 28, 2019
LD 332
This bill amends the portions of the Maine Criminal Code pertaining to statutes of limitations to remove statutes of limitations governing the prosecution of Class A, Class B or Class C crimes involving incest; unlawful sexual contact; sexual abuse of a minor; or rape or gross sexual assault, formerly denominated as gross sexual misconduct.

These changes apply only to those sexual crimes committed on or after the effective date of this legislation or for which the prosecution has not yet been barred by the statute of limitations in force immediately prior to the effective date of this legislation.

LD 417 An Act To Allow an Attorney To Copy a Driver's License Status: Referred to Judiciary Committee, Amended by Committee amendment H-231, Enacted, Signed into law May 30, 2019
LD 417
This bill allows an attorney to photocopy a driver's license for legal purposes without the permission of the Secretary of State.

Amendment H-231
This amendment replaces the bill and changes the title. Current law authorizes the photocopying of a driver's license solely for proof of identification for the consummation of a financial transaction. The amendment revises current law to provide that either the driver or the driver's attorney can consummate a financial transaction using the photocopied driver's license for identification.

LD 417 Chaptered Law
LD 417 Chaptered Law fiscal note
LD 431 An Act To Make Election Day a State Holiday Status: Referred to State and Local Government Committee, Enacted in the House as amended by Committee amendment H-188, tabled to Special Appropriations in the Senate May 16, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 431
This bill designates the day of the general election, which is the day of the regular election of state and county officials occurring biennially in November, as a state holiday.

Amendment H-188
This amendment adds an appropriations and allocations section.

LD 431 fiscal note
LD 431 Amendment H-188 fiscal note
LD 433 RESOLUTION, Proposing an Amendment to the Constitution of Maine To Explicitly Prohibit Discrimination Based on the Sex of an Individual Status: Referred to Judiciary Committee, both chambers accepted Majority Committee report, Ought to Pass as amended by Committee amendment H-230 and engrossed, May 23, 2019, House tabled pending final passage, May 28, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 433
This resolution proposes to amend the Constitution of Maine to prohibit the denial or abridgment by the State or any political subdivision of the State of equal rights based on the sex of an individual.

Amendment H-230
This amendment is the majority report of the committee. This amendment incorporates a fiscal note.

LD 433 Amendment H-230 fiscal note
LD 434 An Act To Price Carbon Pollution in Maine Status: Referred to Energy, Utilities and Technology Committee, Dead, Joint rule 310.3, May 2, 2019
LD 434
This bill requires an assessment on the carbon content of fuels sold by a distributor in the State. The bill defines "distributor" and requires a distributor to submit on a monthly basis the required assessment to the Public Utilities Commission. The commission is required to transfer any assessment it receives to the Carbon Content Assessment Fund, which the bill establishes. The bill requires the commission at the end of each fiscal year to transfer funds from the fund to transmission and distribution utilities in the State. The funds are to be used to reduce the rates of those utilities' customers in a manner that is equitable and that provides maximum benefit to the economy of the State. The bill gives the commission the authority to review the books and records of a distributor and to impose an administrative penalty if necessary. It requires the commission to adopt routine technical rules.

LD 516 An Act To Establish a Statewide Voluntary Firearm Collection Day and Ongoing Program Status: Referred to Criminal Justice and Public Safety Committee, Dead, Joint rule 310.3, May 28, 2019
LD 516
This bill directs the Commissioner of Public Safety to design, implement and administer a statewide voluntary firearm collection day, the purpose of which is to provide to any person an annual, one-day opportunity to voluntarily turn over any firearm or ammunition in the person's possession to a law enforcement officer at a number of sites conveniently located throughout the State.

The commissioner is also required to facilitate the establishment of a year-round voluntary firearm collection program administered by the Bureau of State Police that, at a minimum, is designed to provide to any person the opportunity to voluntarily turn over any firearm or ammunition in the person's possession to a state police officer at any facility or function of the Bureau of State Police to which members of the public are regularly allowed admission.

The commissioner is directed to provide technical assistance and, as necessary and as resources allow, financial assistance to municipal and county law enforcement agencies that elect to participate in the voluntary firearm collection day or elect to establish an ongoing local voluntary firearm collection program. A person may not be charged a fee to turn over a firearm or ammunition to a law enforcement officer during the collection day or through a collection program and is required only to provide the law enforcement officer the person's name, mailing address and telephone number. Firearms and ammunition collected are to be destroyed, except for those firearms determined to have been stolen or used in the commission of a criminal act or that are otherwise sought as evidence in a criminal investigation or prosecution.

LD 539 Resolve, To Ensure Appropriate Personal Needs Allowances for Persons Residing in Long-term Care Facilities Status: Referred to Health and Human Services Committee, Enacted in the House as amended by Committee amendment H-131, tabled to Special Appropriations in the Senate May 7, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 539
This resolve directs the Department of Health and Human Services to amend its MaineCare rules to provide for increases in the personal needs allowances of residents in nursing facilities and residential care facilities. The rules are designated as routine technical rules.

Amendment H-131
This amendment increases the personal needs allowance for residents of nursing facilities to $50 rather than the $70 required in the resolve. It removes the section of the resolve that increases the personal needs allowance for residents of residential care facilities. The amendment also specifies the rule chapter of the Department of Health and Human Services that is changed, changes the title of the resolve and adds an appropriations and allocations section.

LD 539 Amendment H-131 fiscal note
LD 556 An Act To Protect Animals in Unattended Vehicles Status: Referred to Agriculture, Conservation and Forestry Committee, Dead, Joint rule 310.3, March 21, 2019
LD 556
This bill allows a person who is not a law enforcement officer, humane agent, animal control officer, firefighter, first responder or security guard to enter a vehicle and remove an animal if the animal's safety, health or well-being appears to be in immediate danger. The bill provides that a person who removes an animal from a vehicle under these conditions is immune from criminal or civil liability.

LD 586 An Act Regarding the Department of Transportation's Use of Sediment Erosion Control Systems Status: Referred to Transportation Committee, Dead, Joint rule 310.3, May 7, 2019
LD 586
This bill requires the Department of Transportation to specify whether a biodegradable or nonbiodegradable sediment erosion control system will be used for a project by the department and requires that nonbiodegradable sediment erosion control systems be removed with 90 days of a project's completion.

LD 592 Resolve, To Establish a Background Check Consolidation Commission (Emergency) Status: Referred to State and Local Government Committee, engrossed with Committee amendment H-35 in both chambers, Finally passed in the House, placed on the Special Study table in the Senate, April 11, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 592
This resolve establishes the Background Check Consolidation Commission to study consolidating and centralizing as many state-required background checks required for employment as possible, including background checks for teachers, state workers and persons seeking Maine Guide licenses. It prohibits the commission from studying background checks to obtain firearms.

Amendment H-35
This amendment removes the emergency preamble and emergency clause. It reduces the number of Senate members from 4 to 2 and increases the number of House members from 3 to 5. It adds the Commissioner of Administrative and Financial Services, or the commissioner's designee, to the Background Check Consolidation Commission. It moves the report deadline from December 4, 2019 to December 20, 2019.

LD 592 fiscal note
LD 592 Amendment H-35 fiscal note
LD 619 RESOLUTION, Proposing an Amendment to the Constitution of Maine Regarding Early Voting Status: Referred to Veterans and Legal Affairs Committee, both chambers accepted Majority Committee report, Ought to Pass as amended by Committee amendment H-42 and engrossed, failed Final passage as an Constitutional amendment in the House, tabled to Special Appropriations in the Senate, May 28, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 619
This resolution proposes to amend the Constitution of Maine to allow the Legislature to authorize a process by which municipalities may conduct early voting by allowing voters to vote in the same manner as on election day during a period immediately preceding an election and to allow absentee voting for any sufficient reason.

Amendment H-42
This amendment, which is the majority report of the committee, incorporates a fiscal note.

LD 619 Amendment H-42 fiscal note
LD 733 An Act To Promote Keeping Workers in Maine Status: Referred to Labor and Housing, both chambers accepted Majority Committee report, Ought to Pass as amended by Committee amendment H-280 and adopted Senate amendment S-208, House enacted, Senate tabled to Special Appropriations, June 10, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 733
This bill prohibits an employer from requiring or entering into a so-called noncompete agreement with an employee earning wages that are at or below 300% of the federal poverty level. A noncompete agreement is defined as a contract or contract provision that prohibits an employee or prospective employee from working in the same or a similar profession or in a specified geographic area for a certain period of time following termination of employment. If an employer requires a noncompete agreement for a position of employment, the employer must disclose that requirement in any advertisement for that position, and an employer must provide an employee or prospective employee with a copy of a noncompete agreement at least 3 business days before requiring that employee or prospective employee to sign the agreement. An employer that violates this law commits a civil violation for which a fine of not less than $5,000 may be adjudged. The Department of Labor is responsible for enforcement of the law. The terms of a noncompete agreement, except for a noncompete agreement with a physician, are not in effect until after an employee has been employed with the employer for at least one year or a period of 6 months from the date the agreement was signed, whichever is later.

The bill also prohibits a restrictive employment agreement between 2 or more employers that prohibits or restricts one employer from soliciting or hiring another employer's employees or former employees.

Amendment H-280
This amendment strikes and replaces the bill. It moves the language in the bill to another location in the Maine Revised Statutes, Title 26 and restricts the enforceability of noncompete agreements to the extent that they are reasonable and are no broader than necessary to protect a legitimate business interest of the employer, such as trade secrets, confidential information or goodwill. It also adds a presumption that a noncompete agreement is necessary if the legitimate business interest cannot be adequately protected through an alternative restrictive covenant. As in the bill, it also provides for ongoing appropriations to provide for enforcement of the provisions.

Amendment S-208
This amendment prohibits an employer from requiring or permitting an employee earning wages at or below 400% of the federal poverty level, instead of at or below 300% of the federal poverty level as in the committee amendment, to enter into a noncompete agreement with the employer.

LD 733 Amendment H-280 fiscal note
LD 733 Amendment S-208 fiscal note

LD 735 An Act To Create a Seat for a Representative of the Wabanaki Tribal Governments on the Board of Trustees of the Maine Criminal Justice Academy Status: Referred to Criminal Justice and Public Safety Committee, Amended by Committee amendment H-111, Enacted, Signed into law May 14, 2019
LD 735
This bill provides a permanent seat on the Board of Trustees of the Maine Criminal Justice Academy for a representative of the 5 Wabanaki tribal governments. The tribal representative must be a law enforcement official and must be chosen for a 2-year term by a process determined by the tribal governments. The process must require that the position rotate among the 5 tribal governments.

Amendment H-111
This amendment changes the title and provides a seat on the Board of Trustees of the Maine Criminal Justice Academy for a person appointed by the Governor who is knowledgeable about public safety and who has been recommended to the Governor by the Wabanaki tribal governments of the Aroostook Band of Micmacs, the Houlton Band of Maliseet Indians, the Passamaquoddy Tribe at Motahkmikuk, the Passamaquoddy Tribe at Sipayik and the Penobscot Nation. The term of this member of the board of trustees is 2 years.

LD 735 Chaptered Law
LD 735 Chaptered Law fiscal note
LD 740 An Act To Include Bucksport and the Penobscot River Basin in the Department of Transportation's Cargo Port Strategy Status: Referred to Transportation Committee, Dead, Joint rule 310.3, April 2, 2019
LD 740
This bill directs the Department of Transportation to develop and implement a strategy for cargo port development that includes Bucksport and the Penobscot River Basin.

LD 762 An Act Regarding Consent by a Motor Vehicle Operator to a Blood Test Status: Referred to Criminal Justice and Public Safety Committee, Dead, Non-concurrence, June 17, 2019
LD 762
This bill brings the implied consent provisions concerning operating under the influence into compliance with recent case law from the United States Supreme Court that requires a search warrant before taking a sample of blood or urine from a person suspected of operating under the influence.

Amendment H-284
This amendment replaces the bill and provides a new title. The amendment amends the criminal operating under the influence statutes for motor vehicle operators to:
  • 1. Provide that refusal to submit to a blood test at the request of a law enforcement officer in the absence of a warrant is not a ground for imposition of a mandatory period of incarceration, does not constitute an operating under the influence offense for the purpose of requiring the imposition or enhancement of a mandatory minimum sentence of incarceration and is not admissible in evidence at a hearing or trial; and
  • 2. Add to the warning given to a person being asked to submit to a test a statement that refusal to submit to a blood test at the request of a law enforcement officer in the absence of a warrant is not a ground for imposition of a mandatory period of incarceration.


Amendment S-198
This amendment removes from the committee amendment wording regarding the admissibility of evidence at trial, correcting a drafting error in the committee amendment.

LD 762 Amendment H-284 fiscal note
LD 762 Amendment S-198 fiscal note
LD 764 Resolve, To Create the Criminal Records Review Committee Status: Referred to Judiciary Committee, Amended by Committee amendment H-614, Finally passed as an emergency measure, Signed into law June 20, 2019
LD 764
This bill amends the Criminal History Record Information Act in the following ways:
  • 1. Makes confidential all juvenile adjudications and related records after 3 years from the date of disposition;
  • 2. Except for crimes involving sexual assault, sexual exploitation of minors and domestic violence, makes confidential all convictions and related records for Class E and Class D crimes after 3 years from the date of imposition of sentence;
  • 3. Makes confidential all convictions and related records for Class E and Class D crimes involving sexual assault, sexual exploitation of minors and domestic violence after 7 years from the date of imposition of sentence;
  • 4. Makes confidential all convictions and related records for Class C, Class B and Class A crimes that are based solely on the defendant's convictions for prior Class E and Class D crimes; and
  • 5. Limits the dissemination of confidential criminal history record information to criminal justice agencies for the purpose of the administration of criminal justice and criminal justice agency employment and pursuant to court order.


Amendment H-614
This amendment strikes the bill and replaces it with a resolve that establishes the Criminal Records Review Committee, consisting of 15 members, including a member representing the judicial branch if one is designated by the Chief Justice of the Supreme Judicial Court.

The review committee is directed to look at all issues concerning limiting public availability of criminal records and to provide recommendations to the Joint Standing Committee on Judiciary by December 4, 2019. The review committee's funding must come from outside sources. The amendment also adds an appropriations and allocations section.

LD 764 Chaptered Law
LD 764 Chaptered Law fiscal note
LD 776 An Act Regarding Post-judgment Motion by a Person Seeking To Satisfy the Prerequisites for Obtaining Special Restrictions on the Dissemination and Use of Criminal History Record Information for Certain Criminal Convictions Status: Referred to Judiciary Committee, Work session held, May 16, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 776
This bill amends the law concerning a post-judgment motion by a person seeking to satisfy the prerequisites for obtaining special restrictions on the dissemination and use of criminal history record information for certain criminal convictions in the following ways:
  • 1. Current law makes convictions of only certain Class E crimes eligible for special restrictions on dissemination and use of criminal history record information. This bill expands eligibility to include convictions of both certain Class E crimes and certain Class D crimes;
  • 2. Current law allows eligibility for restrictions on dissemination and use of criminal history record information only for persons who at the time of the commission of the crime were 18 to 20 years of age. This bill expands eligibility to a person who at the time of the commission of the crime was 18 to 25 years of age; and
  • 3. This bill removes the provision repealing the current law October 1, 2019.


LD 795 RESOLUTION, Proposing an Amendment to the Constitution of Maine To Establish a Right to Food Status: Referred to Agriculture, Conservation and Forestry Committee, amended by Committee amendment H-430 and House amendment H-541 and engrossed in both chambers, June 17, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 795
This constitutional resolution declares that all individuals have a natural, inherent and unalienable right to acquire, produce, process, prepare, preserve and consume and to barter, trade and purchase the food of their own choosing for their own nourishment, sustenance, bodily health and well-being.

Amendment H-430
This amendment, which is the majority report, incorporates a fiscal note.

Amendment H-541
This amendment amends the bill by:
  • 1. Removing the word "acquire" from the enumeration of the elements of an individual's right to food and removing the language limiting the exercise of acquisition;
  • 2. Removing language establishing a fundamental right to be free from hunger, starvation and the endangerment of life due to scarcity of or lack of access to food; and
  • 3. Specifying that the right to food does not allow an individual to abuse private property rights or abuse public lands or natural resources in the harvesting of food.


LD 795 fiscal note
LD 795 Amendment H-430 fiscal note
LD 820 An Act To Prevent Discrimination in Public and Private Insurance Coverage for Pregnant Women in Maine Status: Referred to Health Coverage, Insurance and Financial Services Committee, Amended by Committee amendment H-210 and Senate amendment S-275, Enacted, Signed into law June 13, 2019
LD 820
This bill requires the Department of Health and Human Services to provide coverage to a MaineCare member for abortion services. The bill provides that abortion services that are not approved Medicaid services must be funded by the State. The bill also directs the Department of Health and Human Services to adopt rules no later than March 1, 2020.

The bill also requires that health insurance carriers that provide coverage for maternity services also provide coverage for abortion services. The bill applies this requirement to all health insurance policies and contracts issued or renewed on or after January 1, 2020, except for those religious employers granted an exclusion of coverage. The bill authorizes the Superintendent of Insurance to grant an exemption from the requirements if enforcement of the requirements would adversely affect the allocation of federal funds to the State.

Amendment H-210
This amendment is the majority report of the committee. The amendment adds language exempting the provisions of the bill from the provisions of the Maine Revised Statutes, Title 24-A, section 2752. The amendment reallocates the section of the bill requiring the Department of Health and Human Services to pay for abortion services for MaineCare members and adds language to authorize the department to adopt rules using the emergency rule-making provisions of the Maine Administrative Procedure Act.

Amendment S-275
The amendment adds an appropriations and allocations section. This amendment also makes technical corrections.

LD 820 Chaptered Law
LD 820 Chaptered Law fiscal note

LD 859 An Act To Authorize a General Fund Bond Issue To Fund Equipment for Career and Technical Education Centers and Regions Status: Referred to Appropriations and Financial Affairs Committee, carried over to any regular or special session per Joint Order HP 1322
LD 859
The funds provided by this bond issue, in the amount of $40,000,000, will be used to provide funds to make capital improvements to and purchase equipment for career and technical education centers and regions for high school students.

LD 911 An Act To Authorize a General Fund Bond Issue To Promote Land Conservation, Working Waterfronts, Water Access and Outdoor Recreation Status: Referred to Appropriations and Financial Affairs Committee, carried over to any regular or special session per Joint Order HP 1322
LD 911
The funds provided by this bond issue, in the amount of $95,000,000, will be used to provide funds for the Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands and the Land for Maine's Future Board.

LD 949 An Act To Prevent Overdose Deaths Status: Referred to Health and Human Services Committee, Dead, Concurrence in Ought Not to Pass, June 12, 2019
LD 949
This bill directs the Department of Health and Human Services to certify 2 facilities in the State to provide safe and secure locations for people to self-administer previously obtained drugs. The bill requires the facilities to have health care personnel and other trained staff, to provide information concerning drug overdoses and diseases associated with drug use, to administer first aid or other medications in case of an overdose and to provide referrals to other services that clients of the facilities may need. The bill provides immunity from arrest or prosecution to clients and staff members acting in accordance with the provisions of the bill and creates a tolerance zone within 1/2 mile of each facility. The facilities are directed to report certain demographic and other information to the department, which is directed to analyze the information and report to the joint standing committee of the Legislature having jurisdiction over health and human services matters. The department is also directed to review the effectiveness of the facilities to determine whether to open additional facilities.

LD 955 An Act To Prohibit Offshore Oil and Natural Gas Drilling and Exploration Status: Referred to Environment and Natural Resources Committee, Amended by Committee amendment H-425, Enacted, Signed into law June 13, 2019
LD 955
This bill prohibits a person from performing or causing to be performed any oil or natural gas exploration, development or production in, on or under the waters of the State or that may adversely affect the waters of the State.

The bill also prohibits the Department of Environmental Protection and the Director of the Bureau of Parks and Lands within the Department of Agriculture, Conservation and Forestry from permitting, approving or otherwise authorizing any oil or natural gas exploration, development or production in, on or under the submerged and intertidal land owned by the State.

It is the intent of this legislation to generally prohibit activities relating to offshore oil and natural gas exploration, development and production within the boundaries and jurisdiction of the State, which place the State's coastal communities at economic and ecological risk from oil spills, and from the pollution caused by routine drilling operations and onshore industrialization, and threaten the quality of life and livelihoods of Maine citizens and economically significant industries, including tourism, recreation and commercial and recreational fishing, and small businesses that rely on a clean and healthy ocean and clean and healthy beaches.

Amendment H-425
This amendment, which is the majority report of the committee, amends the bill to clarify the prohibition on oil or natural gas exploration, development or production activities as follows.

  • 1. It amends certain definitions to more clearly delineate the activities regulated and to specify that the transfer of oil or natural gas resources to or from the waters of the State, including both on-loading and offloading of oil or natural gas resources between an oil terminal facility and a vessel or between vessels, is not prohibited under the bill.
  • 2. It removes language specifically prohibiting exploration, development or production activities that may adversely affect the waters of the State.


LD 955 Chaptered Law
LD 955 Chaptered Law fiscal note
LD 978 An Act To Clarify Maine's Protection from Abuse Statutes Status: Referred to Judiciary Committee, Enacted, Signed into law May 30, 2019
LD 978
This bill clarifies that when a court directs a defendant in a protection from abuse case to refrain from having any direct or indirect contact with the plaintiff, this includes direct or indirect contact via social media, consistent with the ruling of the Maine Supreme Judicial Court in State v. Heffron, 2018 ME 102, 190 A.3d 232.

LD 978 Chaptered Law
LD 978 Chaptered Law fiscal note
LD 1025 An Act To Prohibit the Provision of Conversion Therapy to Minors by Certain Licensed Professionals Status: Referred to Health Coverage, Insurance and Financial Services Committee, Amended by Committee amendment H-213, Enacted, Signed into law May 29, 2019
LD 1025
This bill does the following.
  • 1. It defines "conversion therapy" as any practice or course of treatment that seeks or purports to change an individual's sexual orientation or gender identity, except for any practice or treatment that assists an individual undergoing a gender transition; any practice or treatment that provides acceptance, support and understanding to an individual; and any practice or treatment that facilitates an individual's coping, social support or identity exploration and development, including any therapeutic intervention that is neutral with regard to sexual orientation or gender identity, and that seeks to prevent or address unlawful conduct or unsafe sexual practices, as long as the counseling does not seek to change the individual's sexual orientation or gender identity.
  • 2. It prohibits certified school psychologists and guidance counselors, nurses, doctors, physician assistants, psychologists, psychological examiners, alcohol and drug counselors and aides, social workers, pharmacists and pharmacy technicians, professional counselors, marriage and family therapists, pastoral counselors, speech-language pathologists and assistants and audiologists from advertising, offering or administering conversion therapy to individuals under 18 years of age. Advertising, offering or administering conversion therapy to an individual under 18 years of age in violation of this prohibition is grounds for discipline of the professional by the department or board that issued the professional's license, certification or registration, including but not limited to suspension or revocation of the license, certification or registration.
  • 3. It prohibits MaineCare reimbursement for conversion therapy administered to an individual who is under 18 years of age.
  • 4. It includes a statement of legislative findings and intent.


Amendment H-213
This amendment is the majority report of the committee. The amendment clarifies the definition of "conversion therapy." The bill provides that evidence that a certified school psychologist or guidance counselor has advertised, offered or administered conversion therapy to a child within the last 5 years is grounds for discipline; the amendment retains this provision but removes the 5-year limitation. The amendment also removes a similar 5-year limitation added by the bill to the current law that provides that evidence that an applicant for such a certification has injured the health or welfare of a child through abuse or exploitation is grounds for a denial of the certification. The amendment also adds an additional finding and makes other clarifying changes to the legislative findings and intent section.

LD 1025 Chaptered Law
LD 1025 Chaptered Law fiscal note
LD 1061 An Act To Establish a Fund To Compensate Unjustly Incarcerated Persons Status: Referred to Judiciary Committee, Work session held, May 16, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1061
This bill creates the Unjustly Incarcerated Persons Compensation Fund and establishes compensation amounts and a process for the application for and determination of compensation. The bill establishes compensation of $25,000 per year of unjust incarceration and $10,000 for each year that the person eligible for compensation was required to register as a sex offender.

The bill provides for compensation payments to be made in a lump sum, and only in a lump sum in the case of a deceased person, or as an annuity.

A person is eligible to seek compensation if the person has served in whole or in part a sentence of imprisonment under the laws of this State and the person has:

  • 1. Received a full and free pardon on the basis of innocence for the crime for which the person was sentenced;
  • 2. Has been granted relief in accordance with a writ of habeas corpus that is based on a court finding or determination that the person is actually innocent of the crime for which the person was sentenced; or
  • 3. Has been granted relief in accordance with a writ of habeas corpus and the court in which the person was convicted has entered an order dismissing the charge. The court's dismissal order must be based on a motion to dismiss in which the district attorney or the Attorney General states that no credible evidence exists that inculpates the defendant and, either in the motion or in an affidavit, the district attorney or the Attorney General states that the district attorney or Attorney General believes that the defendant is actually innocent of the crime for which the person was sentenced.

The bill repeals the existing law providing a maximum payment of $300,000 for wrongful imprisonment that is based on a pardon granted on the basis of innocence.

LD 1133 An Act To Require That Hospital Liens Be Satisfied on a Just and Equitable Basis Status: Referred to Judiciary Committee, Enacted, Became law without the Governor's signature June 12, 2019
LD 1133
This bill requires that a hospital's statutory lien be reduced by the patient's proportionate share of a patient's litigation or other recovery costs, including, but not limited to, reasonable attorney's fees. It also provides that a hospital lien must be satisfied on a just and equitable basis considering factors that diminish the patient's claim such as questions of liability or comparative negligence or other legal defenses, exigencies of trial and limits of insurance coverage.

LD 1133 Chaptered Law
LD 1133 Chaptered Law fiscal note
LD 1171 An Act To Prevent Sexual and Domestic Violence and To Support Survivors Status: Referred to Health and Human Services Committee, Enacted in the House as amended by Committee amendment S-86, tabled to Special Appropriations in the Senate May 16, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1171
This bill provides funding for sexual assault and domestic violence prevention and victim services.

Amendment S-86
This amendment incorporates a fiscal note.

LD 1171 Amendment S-86 fiscal note
LD 1233 An Act Regarding Offers of Settlement Status: Referred to Judiciary Committee, Dead, Joint rule 310.3, May 23, 2019
LD 1233
This bill provides that prior to 28 days before trial, a party to a lawsuit may serve on the adverse party a written offer to stipulate to the entry of judgment for the whole or part of the claim. It sets forth how an offer or counteroffer may be accepted or rejected. It provides for the payment of costs if an offer is rejected. It provides that reasonable expert witness fees and expenses included as discretionary costs include fees associated with consulting, preparation and testifying at deposition or trial.

LD 1239 An Act To Mandate Paid Maternity and Parental Leave Status: Referred to Labor and Housing Committee, Dead, Joint rule 310.3, June 5, 2019
LD 1239
This bill requires employers with one to 49 employees to provide 2 weeks of paid maternity leave, including existing benefits, to an employee who gives birth and one week of paid parental leave to an employee whose spouse or domestic partner gives birth. Employers with more than 49 employees are required to provide 4 weeks of paid maternity leave, including existing benefits, to an employee who gives birth and 2 weeks of paid parental leave to an employee whose spouse or domestic partner gives birth. The bill also includes provisions regarding the protection of existing benefits, position restoration, denial of rights and judicial enforcement similar to the provisions of the family medical leave laws.

LD 1312 An Act Regarding Access to Firearms by Extremely Dangerous and Suicidal Individuals Status: Referred to Judiciary Committee, Dead, Concurrence in Ought Not to Pass, June 18, 2019
LD 1312
This bill creates an extreme risk protection order to authorize a court to order a person to surrender that person's firearms temporarily for 14 days or on an extended basis for 365 days when it has been proved that the person poses a danger of causing personal injury to that person or another person. The bill provides that:
  • 1. A law enforcement officer, a law enforcement agency or a family or household member may file a petition for a temporary extreme risk protection order, which may be granted if the court finds probable cause exists to issue the order. The temporary extreme risk protection order expires in 14 days or when a hearing to determine whether to issue an extended extreme risk protection order is held, whichever occurs sooner. A temporary extreme risk protection order may be issued on an ex parte basis;
  • 2. Whether or not the court issues a temporary extreme risk protection order, the court is required to hold a hearing within 14 days to determine whether the person poses a danger of causing personal injury to that person or another person. If the court, based on clear and convincing evidence, finds that an extended extreme risk protection order should be issued, the extended extreme risk protection order must be issued, and it expires 365 days after the issuance of the order unless extended after another hearing;
  • 3. Following the issuance of a temporary or extended extreme risk protection order, the court is required to order law enforcement to serve the order and is required to issue a search warrant if the court finds probable cause that the person who is the subject of the order is in possession of a firearm;
  • 4. A person who is the subject of a temporary or extended extreme risk protection order is required to surrender all firearms in the person's possession to a law enforcement officer or law enforcement agency. The firearms must be returned to the person at the expiration of the extreme risk protection order unless an extended extreme risk protection order is issued;
  • 5. A person against whom an extended extreme risk protection order is issued may request that the order be dissolved and be granted a hearing once during the term of the extended extreme risk protection order; and
  • 6. A person who possesses firearms in violation of an extreme risk protection order commits a Class D crime.


LD 1338 An Act To Protect Teachers from Unfair Evaluations Status: Referred to Education and Cultural Affairs Committee, Amended by Committee amendment H-400, Enacted, Signed into law June 13, 2019
LD 1338
This bill removes the requirement in current law that the criteria to establish the order of layoff and recall of teachers must include the teacher's effectiveness rating as a factor. It also amends the provisions in current law governing the use of teacher effectiveness ratings.

Amendment H-400
This amendment strikes and replaces the bill and provides that, in any negotiated agreement, the criteria negotiated by the school board and the bargaining agent to establish the order of layoff and recall may include the teacher's effectiveness rating as a factor.

This amendment also provides that, subject to appeal or grievance under the terms of an applicable collective bargaining agreement, receipt of summative effectiveness ratings indicating that a teacher is ineffective for 2 consecutive years constitutes just cause for nonrenewal of a teacher's contract as long as there is a reasonable basis in fact for the effectiveness ratings, the evaluation process leading to the effectiveness ratings has been performed in a manner reasonably consistent with the approved system and department rules and the effectiveness ratings are not the result of bad faith.

This amendment also provides that there is no right to an appeal or grievance of a summative effectiveness rating unless the summative effectiveness rating is used by the employer as a basis for a disciplinary action and provides that a teacher has the opportunity to provide a written response to any summative effectiveness rating issued to the teacher.

LD 1338 Chaptered Law
LD 1338 Chaptered Law fiscal note
LD 1341 An Act To Provide Flexibility for Efficient and Effective Management of School Management and Leadership Centers Status: Referred to Education and Cultural Affairs Committee, Amended by Committee amendment H-325, Enacted, Signed into law June 6, 2019
LD 1341
This bill amends the Maine Revised Statutes, Title 20-A, chapter 123, regarding school management and leadership centers, and related laws to change the term "school management and leadership center" to the term "regional service center." It amends the law governing the geographic boundaries of centers to remove the requirement that the Commissioner of Education must determine 9 to 12 geographic areas for the establishment of centers with the requirement that the commissioner must determine the geographic areas for the establishment of centers. It also amends the law governing school management and leadership centers to allow a center to contract for leadership services and hire a fiscal agent. It changes the law allowing a center to borrow funds by removing language requiring debts to be repaid within one year and limiting amounts borrowed to 3/4 of a center's annual approved budget. It amends the law governing the withdrawal of a member school administrative unit from a center to replace the requirement that the member school administrative unit must demonstrate there will be no increases in costs or decrease in student programs or services with the requirement that the member school administrative unit must demonstrate that the withdrawal is in the best interests of the withdrawing school administrative unit and of any of the remaining member school administrative units. It amends the law governing dissolution of centers to replace the requirement that member school administrative units must demonstrate to the Commissioner of Education that there will be no increase in costs or decrease in student programs and services for any of the member school administrative units of a center with the requirement that the school administrative units must demonstrate that it is in the best interests of the member school administrative units to dissolve the center. It amends the law governing application for and approval of a center to replace voter approval with school board approval. It amends the law governing state funding of a center that provides at least 2 different services to its members to include 55% funding support for contracted leadership services and financial software.

Amendment H-325
This amendment retains the substance of the bill but changes the name of regional service centers to education service centers, defines "benefits," includes public charter schools as eligible to be members of education service centers rather than associate members and caps the direct state funding for the provider of leadership services or the executive director to 55% of the statewide average superintendent's salary and benefits using the most recent data available.

LD 1341 Chaptered Law
LD 1341 Chaptered Law fiscal note
LD 1395 An Act To Create Fairness for Dispatchers in the Maine Public Employees Retirement System Status: Referred to Labor and Housing Committee, Amended by Committee amendment H-551, Enacted, Signed into law June 18, 2019
LD 1395
This bill adds dispatchers to the categories of participating local district employees for which a special retirement plan is available. Participating local districts that elect to cover their dispatchers by a more favorable special plan are responsible for the payment of any increased employer costs associated with such an election. Depending upon the plan that is elected, dispatchers may also pay an increased member contribution rate for participation in the more favorable special plan.

Amendment H-551
This amendment clarifies that a dispatcher may not be added to a special retirement plan by a participating local district that does not have a specific age requirement unless the dispatcher has completed at least 25 years of creditable service.

LD 1395 Chaptered Law
LD 1395 Chaptered Law fiscal note
LD 1397 An Act Regarding the Admissibility of Certain Statements of Juveniles Status: Referred to Criminal Justice and Public Safety Committee, Amended by Committee amendment H-299, Enacted, Signed into law June 6, 2019
LD 1397
This bill amends the Maine Juvenile Code to provide that statements of a juvenile or of a juvenile's parents, guardian or legal custodian made during an informal adjustment or during a restorative justice program or substance use disorder or mental health treatment program attended by the juvenile in connection with an informal adjustment are not admissible in evidence at an adjudicatory hearing against that juvenile if a petition based on the same facts is later filed. The bill also removes a cross-reference to a provision of law regarding community resolution teams, which has been repealed.

Amendment H-299
This amendment replaces the bill and provides a new title. The amendment amends the Maine Juvenile Code to provide that statements of a juvenile or of a juvenile's parents, guardian or legal custodian made during an informal adjustment or during a restorative justice program or made to a clinical provider during substance use disorder, sexual behavior or mental health assessment or treatment attended by the juvenile are not admissible in evidence during the State's case in chief at an adjudicatory hearing against that juvenile on a petition based on the same facts that caused the referral for informal adjustment, restorative justice, assessment or treatment. The amendment provides for similar protections in school disciplinary proceedings. The amendment adds a definition of "restorative justice program." The amendment also retains the provision of the bill that removes a cross-reference to a provision of law regarding community resolution teams, which has been repealed.

LD 1397 Chaptered Law
LD 1397 Chaptered Law fiscal note
LD 1405 An Act To Amend the Laws Governing Foreclosure To Ensure Timely Completion Status: Referred to Judiciary Committee, Amended by Committee amendment H-584, Enacted, Signed into law June 19, 2019
LD 1405
This bill amends the laws governing foreclosure proceedings in order to ensure timely completion of foreclosure sales. This bill:
  • 1. Extends the mortgagee's time to sell the property following an adjournment of the sale, and requires that additional extensions of time be approved by the court;
  • 2. Provides that a mortgagee may execute a waiver of foreclosure only with the written consent of the mortgagor; and
  • 3. Establishes a time frame for the mortgagee to file a report of sale.


Amendment H-584
This amendment amends time limits in the bill to provide that a sale may be adjourned for any time not exceeding 60 days and the court may grant appropriate extensions.

It provides that, when there is a waiver of foreclosure, the waiver and the consent of the mortgagor must be included in a stipulation of dismissal of the foreclosure. The stipulation of dismissal must be signed by the mortgagee and mortgagor or their respective attorneys. Upon the filing of the stipulation of dismissal, along with the waiver and consent with the court, all other rights of the parties remain as if no foreclosure had been commenced.

It extends the time for the mortgagee to file a report of sale within the earlier of 90 days after the public sale and 45 days after the mortgagee's delivery of the deed conveying the mortgaged property. The court may extend the deadline upon a showing of good cause by the mortgagee.

LD 1405 Chaptered Law
LD 1405 Chaptered Law fiscal note
LD 1424 An Act To Create an Access to Justice Income Tax Credit Status: Referred to Taxation Committee, Enacted in the House as amended by Committee amendment H-332, tabled to Special Appropriations in the Senate May 29, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1424
This bill provides an income tax credit for 5 years for attorneys who practice law in the State and agree to practice for at least 5 years in an underserved area of the State as determined by the Supreme Judicial Court. Eligibility for the credit is open from 2020 through 2025. The court may certify up to 5 eligible attorneys each year. The joint standing committee of the Legislature having jurisdiction over taxation matters is directed to review the effectiveness of the credit and may submit legislation to extend or revise it.

Amendment H-332
This amendment changes the entity reporting information to the Legislature regarding the access to justice credit from the State Tax Assessor to the Supreme Judicial Court and clarifies that the authorized disclosure by the assessor of tax information related to the credit is to the Supreme Judicial Court for purposes of making the report to the Legislature.

LD 1424 Amendment H-332 fiscal note
LD 1442 An Act To Provide for Court-appointed Advocates for Justice in Animal Cruelty Cases Status: Referred to Judiciary Committee, Engrossed in both chambers as amended by Committee amendment H-574, Enacted in both chambers June 14, 2019, Governor's action pending, Governor placed on hold, July 2, 2019
LD 1442
This bill allows courts to appoint law students or volunteer lawyers to advocate for the interests of justice in animal cruelty proceedings.

Amendment H-574
The bill requires the Department of Agriculture, Conservation and Forestry to keep a list of attorneys with knowledge of animal issues and the legal system and a list of law schools that have students with an interest in animal issues and the legal system, and requires the Commissioner of Agriculture, Conservation and Forestry to provide that list to the courts. The courts use the list to appoint a separate advocate to represent the interests of justice in cases involving animal cruelty. This amendment moves the responsibilities concerning the list from the department and the commissioner to the Maine State Bar Association.

LD 1442 Amendment H-574 fiscal note
LD 1503 An Act To Establish the Maine False Claims Act Status: Referred to Judiciary Committee, Dead, Joint rule 310.3, May 28, 2019
LD 1503
This bill repeals the existing law governing the civil liability of persons making false claims, and enacts the Maine False Claims Act in order to protect the State against false and fraudulent claims upon or against the State and to protect the State and the Federal Government against false and fraudulent claims under the Medicaid program, known in the State as the MaineCare program. This bill provides authorization for qui tam actions, which are brought by a person for the benefit of the person and the State in the name of the State. This bill provides protection from discrimination for an employee who participates in a qui tam action. This bill provides possible recoveries for the person who brings the qui tam action in addition to recoveries for the State. This bill establishes the Maine False Claims Act Fund to receive the proceeds payable to the State as a result of false claims litigation to be used in part for investigatory, enforcement and litigation expenses.

LD 1529 An Act Concerning Nondisclosure Agreements in Employment Status: Enacted, recalled from the Governor's desk, committed to Labor and Housing Committee, June 19, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1529
This bill prohibits employers from requiring agreements that prevent an employee or prospective employee from disclosing or discussing discrimination, including harassment, occurring between employees or between an employer and an employee.

The bill prohibits settlement agreements, unless requested by the employee, prospective employee or former employee, from including a provision that prevents the disclosure of factual information relating to a claim of discrimination, including harassment. Agreements may not explicitly or implicitly limit an individual's ability to provide testimony or evidence, file claims or make reports to any federal or state agency that enforces employment or discrimination laws, including, but not limited to, the Maine Human Rights Commission and the Department of Labor.

An employee, prospective employee or former employee is not liable for damages for breaching a prohibited nondisclosure agreement or a settlement agreement.

Amendment H-448
This amendment replaces the bill. It prohibits an employer from requiring an employee, intern, applicant for employment or applicant for internship to enter into a contract with the employer that contains a nondisclosure agreement, nondisparagement agreement, waiver or other provision that prevents the employee, intern or applicant from disclosing or discussing discrimination, including harassment, occurring in the workplace or at work-related events coordinated by or through the employer.

It also prevents an employer from requiring an employee, intern, applicant for employment or applicant for internship to enter into a settlement, separation or severance agreement that includes a provision that prevents the disclosure of factual information relating to a claim of discrimination, including harassment, unless the employee, intern or applicant requests such a provision. Agreements may not explicitly or implicitly limit an individual's ability to provide testimony or evidence or make reports to any federal or state agency that enforces employment or discrimination laws, including, but not limited to, the Maine Human Rights Commission and the Department of Labor, and any agreement must make it clear that an individual retains the right to provide testimony or evidence or make reports to any federal or state agency that enforces employment or discrimination laws, including, but not limited to, the Maine Human Rights Commission and the Department of Labor.

It specifies that an individual must be given 21 days to consider any agreement containing nondisclosure provisions and be provided at least 7 days following the execution of the agreement to revoke the agreement. The bill states that an agreement is not effective or enforceable until the revocation period has expired.

It requires that an employer retain a copy of any settlement, separation or severance agreement that prevents the disclosure of factual information relating to a claim of discrimination, including harassment, in the individual's personnel file for 6 years.

It prohibits an employer from retaliating against an individual who opposes any act or practice that is unlawful under these provisions or interfering with an individual in the exercise or enjoyment of the rights granted or protected by these provisions. It provides the Department of Labor with the duty to enforce these provisions.

LD 1529 Amendment H-448 fiscal note
LD 1589 An Act To Protect the Liberty of Immigrants and Asylum Seekers in Maine Status: Dead, Referred to Judiciary Committee, Work session held May 29, 2019, in Committee when the legislature adjourned sine die, June 20, 2019
LD 1589
This bill establishes the Maine Liberty Act, which governs the relationship of state and local law enforcement agencies, including correctional facilities, with federal immigration authorities, including:
  • 1. Prohibiting a law enforcement agency from stopping, investigating, interrogating, arresting or detaining a person solely for immigration enforcement purposes, including in response to a hold request, immigration detainer or administrative warrant issued by the United States Department of Homeland Security, or allowing the United States Department of Homeland Security access to inmates, inmate information or law enforcement agency facilities or providing law enforcement agency resources or personnel to assist immigration enforcement activities;
  • 2. Clarifying that a law enforcement agency upon a request from the United States Department of Homeland Security may arrest and detain a person and perform other law enforcement duties due to suspected criminal activity or other reasons not solely based on the person's immigration status;
  • 3. Establishing the permissible scope of collaboration of a law enforcement agency with a joint law enforcement task force and requiring reporting to the Attorney General on all arrests made by the task force, including all arrests made for immigration enforcement purposes;
  • 4. Requiring a law enforcement agency to release as soon as possible and detain no longer than 48 hours a person determined to be held solely for immigration enforcement purposes;
  • 5. Establishing duties and prohibitions for law enforcement agencies regarding immigration issues of inmates, including requiring the agency to inform an inmate of the inmate's rights prior to interview by an immigration authority and whether the agency intends to comply with a hold request and prohibiting an agency from restricting access to educational programming and good conduct credits or determining an inmate's custodial status based upon the inmate's immigration status;
  • 6. Requiring the Attorney General to publish a model policy regarding limiting assistance to immigration authorities in public facilities and publish guidance, audit criteria and training recommendations to ensure that a database operated by a state or local law enforcement agency limits the availability of database information to immigration authorities; and
  • 7. Requiring a law enforcement agency to record certain information regarding hold requests and certain other information from immigration authorities received by the agency and to report quarterly to the Attorney General on this information.


LD 1608 An Act To Exempt Trailers Sold to Out-of-state Entities from Sales and Use Tax (Emergency) Status: Referred to Taxation Committee, Enacted in the House as amended by Committee amendment S-168, tabled to Special Appropriations in the Senate June 6, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1608
This bill provides an exemption from the sales and use tax for trailers that are purchased in the State but then driven or transported outside the State immediately upon delivery. The exemption excludes camper trailers, which are included in the definition of "trailer," since a similar exemption already exists for camper trailers, other than those that are being leased for a period of less than one year.

Amendment S-168
This amendment incorporates a fiscal note.

LD 1608 Amendment S-168 fiscal note
LD 1704 An Act To Establish the Securities Restitution Assistance Fund for Victims of Securities Violations Status: Referred to Health Coverage, Insurance and Financial Services Committee, Enacted in the House as amended by Committee amendment H-569, tabled to Special Appropriations in the Senate June 14, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1704
This bill establishes in the Department of Professional and Financial Regulation, Office of Securities the Securities Restitution Assistance Fund. The fund will be used to provide financial assistance to victims of securities violations that have been awarded restitution in a final order issued by the Securities Administrator or were awarded restitution in a final order in a legal action initiated by the administrator and that have not received the full amount of restitution ordered before the application for restitution assistance is due. The fund will be funded initially by a one-time transfer of $350,000 from the dedicated revenue of the Office of Securities. Thereafter, the fund will be funded by the civil fines ordered or agreed to by the administrator, a portion of broker-dealer agent and investment adviser representative renewal fees and any grants, donations or other money received by the administrator for victim restitution assistance.

Amendment H-569
This amendment replaces the appropriations and allocations section in the bill.

LD 1704 Amendment H-569 fiscal note

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