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Michael Sylvester photograph

Representative Michael Sylvester [Democrat]
Portland ~ District 39

Towns in District: part of Portland

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

Joint Committees:
♦ Labor and Housing (Chair)

✉ Mike.Sylvester@legislature.maine.gov
☎ 1-800-423-2900

✉ 159 Central Avenue
Peaks Island, Maine 04108


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OrganizationScore
Maine People's Alliance, Will of the Voters91%
Maine People's Alliance, 201892%
Maine Conservation Voters, 20187 of 8
Maine Conservation Voters, 20176 of 7
AFL-CIO, 2017100%
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 197 An Act To Convene a Working Group To Authorize a Public Trust for Maine's Groundwater and To Impose a 2-year Moratorium on Large-scale Groundwater Extraction Status: Referred to Environment and Natural Resources Committee, Dead, Joint rule 310.3, May 2, 2019
LD 197
This bill imposes a 2-year moratorium, beginning November 1, 2019, on new contracts or agreements by a consumer-owned water utility, municipality, state agency or other governmental entity involving the extraction of more than 75,000 gallons of groundwater during any week or more than 50,000 gallons of groundwater on any day. The bill also directs the Commissioner of Environmental Protection to convene a working group to develop the statutory and regulatory framework for the establishment of the Maine Water Trust, which must be designed to ensure a safe and plentiful drinking water supply for all residents of the State by regulating the use of groundwater for commercial purposes under laws that establish the absolute control and dominion of the State over all groundwater supplies in the State. The commissioner must, on or before January 15, 2021, report the recommendations of the working group to the joint standing committee of the Legislature having jurisdiction over environment and natural resources matters, which may report out a bill to implement those recommendations to the First Regular Session of the 130th Legislature.

LD 199 An Act To Create the Water Resources Planning Committee Status: Referred to Agriculture, Conservation and Forestry Committee, Enacted, Signed into law April 30, 2019
LD 199
This bill estsablishes the Water Resources Planning Committee within the Department of Agriculture, Conservation and Forestry. The bill describes requirements related to committee membership, meetings and reporting. It details 3 phases on which the committee is required to focus effort. It also requires the committee to conduct an annual review of state policy in regard to water resources, provide guidance to municipalities and develop and disseminate educational materials on water resources and the regulatory regime.

LD 199 Chaptered Law
LD 199 Chaptered Law fiscal note
LD 217 An Act To Aid Certain Veterans' Organizations Status: Referred to Veterans and Legal Affairs Committee, Amended by Committee amendment H-39 and House amendment H-61, Enacted, Signed into law April 22, 2019
LD 217
This bill allows a licensed veterans' organization, at the discretion of and by agreement with the Commissioner of Administrative and Financial Services, to sell liquor to the general public, subject to time-of-day and seasonal limitations defined at the time of license approval, if the organization has a valid license and is located in a municipality with fewer than 5,000 residents or is located on an island off the coast of the State that is provided with ferry service pursuant to state law.

Amendment H-61
The bill allows certain licensed veterans' organizations to sell liquor to the general public. This amendment permits only a licensed veterans' organization that is located on an island off the coast of the State that is provided with ferry service pursuant to state law to sell liquor to the general public at the discretion of and by agreement with the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations, instead of the Commissioner of Administrative and Financial Services as in the bill, subject to time-of-day and seasonal limitations defined by the bureau at the time of license approval.

Amendment H-61
This amendment prohibits smoking on the premises at which a licensed veterans' organization sells liquor to the general public during the time the general public is invited or allowed to be present.

LD 217 Chaptered Law
LD 217 Chaptered Law fiscal note
LD 219 An Act To Improve Working Conditions for Maine's Veterans and Immigrants Status: Referred to Labor and Housing Committee, Dead, Joint rule 310.3, May 21, 2019
LD 219
This bill is a concept draft pursuant to Joint Rule 208.

This bill proposes to enact measures designed to improve working conditions for Maine's veterans and immigrants.

LD 220 An Act To Improve Pay for Certain Maine Workers Status: Referred to Labor and Housing Committee, Dead, Joint rule 310.3, April 2, 2019
LD 220
This bill is a concept draft pursuant to Joint Rule 208.

This bill proposes to enact measures designed to improve compensation for certain workers in the State.

LD 226 An Act To Require the Use of Preapproved Subcontractors for Publicly Funded Construction Projects Status: Referred to State and Local Government Committee, Dead, Joint rule 310.3, May 21, 2019
LD 226
This bill requires the use of preapproved subcontractors for certain components of work included in bids awarded to general contractors for public improvement construction projects subject to competitive bidding.

LD 240 An Act To Allow Public Employers of Teachers to Negotiate Regarding Planning and Preparation Periods Status: Dead, Referred to Labor and Housing Committee, Amended by Committee amendment H-518, Enacted, Vetoed, Veto sustained in the House, June 19, 2019
LD 240
This bill allows, but does not require, public employers of teachers to negotiate with respect to educational policies.

Amendment H-518
This amendment specifies that planning and preparation periods are mandatory items of collective bargaining and may not be considered matters of educational policy exempted from mandatory collective bargaining.

LD 240 Amendment H-518 fiscal note
LD 567 An Act To Create a Universal Basic Income (By request) Status: Referred to Labor and Housing Committee, Dead, Joint rule 310.3, March 21, 2019
LD 567
This bill is a concept draft pursuant to Joint Rule 208.

This bill proposes to enact measures designed to establish a universal basic income for residents of the State.

LD 580 An Act To Improve the Advocate Program Established by the Workers' Compensation Board Status: Referred to Labor and Housing Committee, Dead, Joint rule 310.3, June 5, 2019
LD 580
This bill is a concept draft pursuant to Joint Rule 208.

This bill proposes to enact measures designed to strengthen representation for injured workers and improve the advocate program established under the Maine Workers' Compensation Act of 1992.

LD 591 An Act To Create Flexibility in Affordable Housing Calculations Status: Referred to Labor and Housing Committee, Dead, Joint rule 310.3, April 25, 2019
LD 591
This bill is a concept draft pursuant to Joint Rule 208.

This bill proposes to allow exemptions in the calculation of the affordable housing cap for per unit expenditures.

LD 756 An Act To Improve the Maine Workers' Compensation Act of 1992 Status: Referred to Labor and Housing Committee, Amended by Committee amendment H-603, Enacted, Signed into law June 17, 2019
LD 756
This bill is a concept draft pursuant to Joint Rule 208.

This bill proposes to enact measures designed to improve the Maine Workers' Compensation Act of 1992.

Amendment H-603
This amendment replaces the bill, which is a concept draft.

The amendment does the following.

It amends the definition of "average weekly wages, earnings or salary" to clarify that, for an injury occurring on or after January 1, 2020, any fringe or other benefit paid by the employer that does not continue during the disability must be included to the extent that the inclusion of the fringe or other benefit will not result in a weekly benefit amount that is greater than 2/3 of 125% of the state average weekly wage at the time of the injury.

It requires that the Workers' Compensation Board must vote with the support of 5 of the 7 members of the board to contract for the services of or to employ administrative law judges beginning January 1, 2020, except for the reappointment of administrative law judges appointed prior to January 1, 2020.

It allows an exception to the requirement that the first payment must be made by an employer within 14 days after notice of the injury or death if the payment cannot be made due to a factual mistake, an act of God or unavoidable circumstances.

It increases the maximum benefit level to 125% of the state average weekly wage for an injury occurring on or after January 1, 2020.

It requires a cost-of-living adjustment to be applied in cases of total incapacity after 260 weeks of benefits.

It extends the cap of benefits for partial incapacity from 520 weeks to 624 weeks.

It eliminates the provision relating to the extension of benefits for partial incapacity if the whole person impairment resulting from the injury is in excess of 18% for an injury occurring after January 1, 2020.

It clarifies how payments for paid time off are coordinated with workers' compensation benefits.

It provides that, if a deceased employee has no dependents, the employer must pay benefits to the parents of the deceased employee for a period of 500 weeks.

It extends the notice of injury requirement from 30 days to 60 days.

It caps the maximum percentage of attorney's fees that may be awarded at 10% in a lump-sum settlement in cases in which the injury occurred on or after January 1, 2020.

It authorizes the Workers' Compensation Board to consider adopting a rule to establish time frames for the filing of any petition related to a controversy with the board if a full agreement is not reached by the parties after conclusion of any mediation pursuant to the Maine Revised Statutes, Title 39-A, section 313.

It requires the Workers' Compensation Board to study the advocate program established pursuant to the Maine Revised Statutes, Title 39-A, section 153-A, including the salary paid to advocates, and make recommendations for any changes to improve the advocate program and its representation of injured workers to the Joint Standing Committee on Labor and Housing no later than January 1, 2020.

It directs the Workers' Compensation Board to convene a working group of stakeholders to evaluate issues related to work search and vocational rehabilitation requirements for injured workers and protections for injured workers whose employers have wrongfully not secured workers' compensation payments. On behalf of the working group, the Workers' Compensation Board is required to report to the Joint Standing Committee on Labor and Housing by January 30, 2020 with recommendations and any draft implementing legislation to address these issues.

LD 756 Chaptered Law
LD 756 Chaptered Law fiscal note
LD 757 An Act To Improve Labor Laws for Maine Workers Status: Referred to Labor and Housing Committee, Amended by Committee amendment H-151, Enacted, Became law without the Governor's signature May 21, 2019
LD 757
This bill is a concept draft pursuant to Joint Rule 208.

This bill would provide employees more rights under the labor laws.

Amendment H-151
This amendment strikes the bill, which is a concept draft, and replaces it with an amendment to the labor relations laws governing municipal public employees. When employees in a collective bargaining unit file a request with their public employer to be represented by a certain organization as their collective bargaining agent, current law allows the public employer to request an election from the Maine Labor Relations Board in order to determine whether the organization indeed represents a majority of the members in the collective bargaining unit. Instead, this amendment would require an election only in such cases if, after examining the demonstration of majority support, the Maine Labor Relations Board finds majority support for the organization to be in question.

LD 757 Chaptered Law
LD 757 Chaptered Law fiscal note

LD 758 An Act To Clarify Work Search Requirements for Workers' Compensation Status: Referred to Labor and Housing Committee, Dead, Joint rule 310.3, June 5, 2019
LD 758
Under current law, an injured worker who is only partially incapacitated by a workplace injury may be eligible for so-called 100% partial incapacity benefits if the worker is not working, as long as the worker can demonstrate that the lack of employment is due to the injury and that the worker has not been able to obtain employment, within the restrictions caused by the partial incapacity, despite an adequate work search. The Maine Supreme Judicial Court outlined the factors that must be considered when determining whether a work search by the injured worker is sufficient in the case Monaghan v. Jordan's Meats, 2007 ME 100, 928 A.2d 786.

This bill abrogates the current "work search rule" by placing the burden on the previous employer to demonstrate that there is suitable employment available to the injured worker in the worker's local community. If the previous employer has demonstrated suitable available employment, the injured worker may still be eligible for so-called 100% partial incapacity benefits if the worker can demonstrate continued unemployment despite reasonable efforts to secure the alternative employment identified by the previous employer.

LD 819 An Act To Enhance the Predetermination of Independent Contractors Status: Referred to Labor and Housing Committee, Dead, Joint rule 310.3, May 21, 2019
LD 819
This bill requires a worker who is requesting predetermination of independent contractor status from the Workers' Compensation Board to submit all of the miscellaneous income forms provided by the United States Department of the Treasury, Internal Revenue Service received by the worker for the previous calendar year or, if the worker did not receive a miscellaneous income form for the previous year, an explanation as to why the worker did not receive a form.

LD 861 An Act To Authorize a General Fund Bond Issue To Complete the Renovation of a Wharf and Bulkhead in Portland for Marine Research Status: Referred to Appropriations and Financial Affairs Committee, carried over to any regular or special session per Joint Order HP 1322
LD 861
The funds provided by this bond issue, in the amount of $3,000,000, will be used to complete the renovation of a wharf and bulkhead at the Gulf of Maine Research Institute in Portland to bring the wharf back into operation for a fishing vessel berthing resource to support marine research at sea and for continued long-term marine job development.

LD 900 An Act To Expand the Rights of Public Employees under the Maine Labor Laws Status: Referred to Labor and Housing Committee, Work session held, April 24, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 900
This bill allows public employees, including municipal and county employees, state and legislative employees, university, academy and community college employees and judicial employees, but not including employees whose duties include protecting public safety, to strike pursuant to the official procedures of the employees' employee organization or under a process in which an affirmative vote to strike is held. The bill requires that notice be given to the public employer stating the dates upon which the strike will begin and end. The bill also provides that the employee organization or public employer may call for emergency bargaining within 3 days prior to the intended start of the strike.

LD 901 An Act To Clarify the Statute of Limitations under the Maine Workers' Compensation Act of 1992 Status: Referred to Labor and Housing Committee, Dead, Joint rule 310.3, May 21, 2019
LD 901
This bill removes changes that were made by Public Law 2011, chapter 647 to the law governing the statute of limitations for workers' compensation claims and restores the law to the language that was held by the Law Court in Wilson v. Bath Iron Works, 942 A.2d 1237 (Me. 2008) to mean that, for purposes of filing a petition under the workers' compensation laws, the statute of limitations expires 2 years after the date of injury or 2 years after the date the employer files the first report of injury, whichever is later.

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 1203 An Act To Clarify the Retirement Presumption under the Maine Workers' Compensation Act of 1992 Status: Referred to Labor and Housing Committee, Dead, Joint rule 310.3, May 21, 2019
LD 1203
Once an individual receiving workers' compensation benefits retires and is receiving retirement benefits, there is a presumption that the individual is no longer eligible for workers' compensation benefits related to loss of earnings or earning capacity. Under current law, this presumption may be rebutted by evidence that the individual is unable to perform suitable work because of the work-related disability.

This bill lowers the evidentiary burden on the retired individual collecting workers' compensation benefits by providing that evidence that the individual's retirement was due at least in part to a work-related disability is sufficient to continue eligibility for workers' compensation benefits related to loss of earnings or earning capacity.

LD 1204 An Act To Eliminate the Cap on Weekly Benefits in Workers' Compensation Cases Status: Referred to Labor and Housing Committee, Dead, Joint rule 310.3, June 5, 2019
LD 1204
Current law caps the weekly benefit payable under the laws governing workers' compensation to a maximum amount set in statute or a percentage of the state average weekly wage, whichever is higher. This bill eliminates the cap on the weekly benefits.

LD 1205 An Act To Allow Full Retirement Benefits under the Maine Workers' Compensation Act of 1992 Status: Referred to Labor and Housing Committee, Dead, Joint rule 310.3, May 21, 2019
LD 1205
This bill strikes the provisions of law that require an employer to offset an individual's workers' compensation benefits based on retirement or pension benefits being received by that individual. It also clarifies the law to avoid the interpretation of the Maine Supreme Court in Urrutia v. Interstate Brands International, 2018 ME 24, 179 A.3d 312, which allowed an employer to take a credit for past overpayments, due to the employer's failure to take an allowable offset of benefits, by reducing the employer's ongoing payments of workers' compensation benefits.

LD 1253 An Act To Fairly Compensate for Fatal Accidents under the Maine Workers' Compensation Act of 1992 Status: Referred to Labor and Housing Committee, Dead, Joint rule 310.3, June 5, 2019
LD 1253
Current law limits to 500 weeks the duration of death benefits under the laws governing workers' compensation. This bill removes the 500-week cap.

LD 1254 An Act To Authorize a Local Option Sales Tax on Meals and Lodging and Provide Funding To Treat Opioid Use Disorder Status: Committed to Taxation Committee, June 18, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1254
This bill allows a municipality to impose a local option sales tax, which may be seasonal, on prepared food, not including marijuana or marijuana products, and short-term lodging of no more than 1% if approved by referendum of the voters in that municipality. Revenue from the local option sales tax is distributed 85% to the municipality and 15% to all other municipalities. The 15% distributed to a municipality must be used by that municipality for the purposes of preventing and treating opioid use disorder in that municipality. Revenue received by a municipality may not be used to reduce or eliminate funding otherwise due the municipality under other provisions of law.

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 1439 An Act To Ensure Quality, Safety and Accountability on Public Construction Projects Status: Referred to State and Local Government Committee, Dead, Joint rule 310.3, May 7, 2019
LD 1439
This bill encourages the State to use project labor agreements for large-scale state-funded construction projects of $10,000,000 or more. A project labor agreement is a prehire collective bargaining agreement with one or more labor unions that establishes the terms and conditions of employment for a specific construction project.

LD 1440 An Act To Create Transparency in Tax Increment Financing and Credit Enhancement Agreement Proposals Status: Referred to Innovation, Development, Economic Advancement and Business Committee, Dead, Joint rule 310.3, May 21, 2019
LD 1440
This bill requires that, for applicants to the Department of Economic and Community Development or municipalities for assistance for the improvement and development of housing, community and economic development opportunities, the name of the applicants and the amount of assistance being requested not be withheld as confidential but be subject to disclosure.

LD 1508 An Act To Respect the Will of Maine Voters by Funding Education at 55 Percent Status: Dead, tabled pending Committee reference in the House, in the House when the legislature adjourned sine die, June 20, 2019
LD 1508
This bill restores provisions of Initiated Bill 2015, chapter 4. It establishes the Fund to Advance Public Kindergarten to Grade 12 Education for the purpose of improving the ability of the State to reach the annual target of 55%, as specified in statute, for the state share of the total cost of funding public education from kindergarten to grade 12 and for increasing direct support for student learning, but not for administrative costs. Revenue for the fund is generated by a 3% surcharge on Maine income tax over $200,000, beginning with tax years beginning on or after January 1, 2020.

LD 1617 An Act To Create a Single-payer Health Care Program in Maine Status: Referred to Health Coverage, Insurance and Financial Services Committee, Work session held, May 15, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1617
This bill establishes a single-payer health care program in the State that provides health care services for Maine residents. The bill directs the Department of Health and Human Services to consult with the Department of Labor and the Department of Professional and Financial Regulation, Bureau of Insurance to develop the program. The bill requires the State to implement the program in 3 phases, based on income, beginning in 2022 for those residents not eligible for the MaineCare program. The bill also creates the Single-payer Implementation Task Force to advise the departments and make recommendations to fully implement the single-payer health care program. The program may not be implemented in 2022 without prior legislative approval.

LD 75 An Act To Protect Earned Pay Status: Referred to Labor and Housing Committee, Amended by Committee amendment S-11, Enacted, Signed into law June 20, 2019
LD 75
Under current law, a person who receives or is scheduled to receive remuneration in the form of vacation pay in excess of 4 weeks' wages or holiday pay is disqualified from receiving unemployment benefits for the week that remuneration is due. This bill removes those disqualifications.

Amendment S-11
This amendment incorporates a fiscal note.

LD 75 Chaptered Law
LD 75 Chaptered Law fiscal note
LD 81 An Act To Clarify Maine Law Regarding the Tips of Service Employees Status: Referred to Labor and Housing Committee, Enacted, Signed into law March 25, 2019
LD 81
This bill clarifies that an employer may take an employee's tips as part of a valid tip pooling arrangement if the arrangement is only among service employees. It specifies that such a tip pooling arrangement may not violate federal law rather than requiring that it be consistent with federal law. The intent of this bill is to clarify the distinction between Maine law and any change to, or judicial interpretation of, the federal Fair Labor Standards Act and associated regulations that would allow an employer to take a service employee's tips for any reason other than for a valid tip pooling arrangement that is only among service employees.

LD 81 Chaptered Law
LD 81 Chaptered Law fiscal note
LD 89 An Act To Impose Requirements on the Rental of Residential Property That Has Been Used in the Manufacture of Methamphetamine Status: Referred to Judiciary Committee, Work session held, May 14, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 89
This bill requires that landlords and other persons entering into a lease or tenancy at will agreement for residential property ensure that property used in the manufacture of methamphetamine be decontaminated and tested in accordance with the standards established by the United States Environmental Protection Agency's March 2013 revised edition of the Voluntary Guidelines for Methamphetamine Laboratory Cleanup or other standards established in rule by the Department of Economic and Community Development. The bill also requires that landlords and other persons entering into a lease or tenancy at will agreement disclose to the potential tenant or lessee that a property has been used in the manufacture of methamphetamine. The bill makes violation of these provisions a civil violation, punishable by a fine of up to $500, and also states that failure to decontaminate or disclose constitutes a breach of the implied warranty of fitness for human habitation. The bill gives the Department of Economic and Community Development authority to adopt rules to implement these provisions.

LD 96 An Act To Require Disclosure at the Sale or Transfer whether Real Estate Has Been Used in the Manufacture of Methamphetamine Status: Referred to Judiciary Committee, Amended by Committee amendment H-386, Enacted, Signed into law June 7, 2019
LD 96
This bill amends the law requiring disclosures by the seller of residential real property to require the seller to disclose whether the property has been used for the manufacture of methamphetamine.

Amendment H-386
The bill requires a seller of residential real property to disclose that the property has been used in the manufacture of methamphetamine. Current law requires the disclosure of the presence or prior removal of any hazardous materials. This amendment strikes and replaces the text of the bill to include methamphetamine as a specific hazardous material, the presence or prior removal of which must be disclosed by the seller of the residential real property.

LD 96 Chaptered Law
LD 96 Chaptered Law fiscal note
LD 109 An Act To Create a Public Health Insurance Option Status: Referred to Health Coverage, Insurance and Financial Services Committee, Dead, Joint rule 310.3, May 23, 2019
LD 109
This bill makes any legally domiciled resident of the State eligible for coverage under the group health plan available to state employees and other eligible persons. The bill permits any resident enrolling in coverage under this provision to do so during an open enrollment period.

The bill also adds a reporting requirement to track the experience of those persons enrolling in coverage under the group health plan and the relative effect of that experience on the overall costs of the group health plan.

LD 114 An Act To Establish Open Primaries for Certain Federal and State Offices Status: Referred to Veterans and Legal Affairs Committee, Dead, Concurrence in Ought Not to Pass, May 28, 2019
LD 114
This bill provides for open primary elections for the elections for United States Senator, United States Representative to Congress, Governor, State Senator and State Representative. All of the candidates for those offices, including candidates enrolled in a party and unenrolled candidates, must appear on the same open primary ballot. All qualified voters, regardless of enrollment status, are eligible to vote in open primary elections.

The votes in an open primary election must be tabulated using ranked-choice voting, except that the 2 candidates who receive the most votes are declared the winners of the open primary and their names must appear on the ballot for the general election. If one of the 2 candidates who received the most votes at the open primary withdraws from the race at least 70 days before the general election, that candidate must be replaced with the candidate who received the 3rd most votes in the open primary election, if any. Voters may not vote for a write-in candidate in a general election that was preceded by an open primary election. As a result, ranked-choice voting will no longer be used in general elections for United States Senator and United States Representative to Congress. Instead, the candidate who receives a plurality of votes at the general election will be elected to those offices.

LD 132 An Act To Eliminate Insurance Rating Based on Age, Geographic Location or Smoking History and To Reduce Rate Variability Due to Group Size Status: Referred to Health Coverage, Insurance and Financial Services Committee, Dead, Joint rule 310.3, May 28, 2019
LD 132
This bill prohibits insurance carriers providing individual health plans or small group health plans from varying premium rates based on age, geographic location or tobacco use on or after January 1, 2020. The bill also reduces the variation based on group size to 1.5 to 1 for small group plans over time.

LD 139 An Act To Address the Unmet Workforce Needs of Employers and To Improve the Economic Future of Workers Status: Referred to Labor and Housing Committee, Amended by Committee amendment H-82, Enacted, Signed into law April 30, 2019
LD 139
This bill makes a number of changes to the Competitive Skills Scholarship Program administered by the Department of Labor, including the following.

  • 1. It requires that the Department of Labor's outreach efforts regarding the program be tailored to focus on unemployed and underemployed workers, veterans, immigrants, recipients of benefits under the statewide food supplement program, low-skilled manufacturing workers and students enrolled in postsecondary education.
  • 2. It directs the Department of Labor to collaborate with other entities to improve program outreach to target demographics, including, at a minimum, collaboration with the Maine Community College System.
  • 3. It makes changes to the criteria used to determine approved education and training under the program, including consideration of employer input, changing demographics and traditional industries in the State in which innovations and new technologies are creating a demand for skilled workers.
  • 4. It requires that a program participant be given information about the allowable uses of a family development account under the Maine Revised Statutes, Title 10, chapter 110, subchapter 4-A.
  • 5. It adds a requirement that a participant be offered comprehensive career planning services prior to the program's development of an individual career plan with the participant and permits the Department of Labor to partner with other entities to provide this service. It directs the department to include in this partnership, at a minimum, the Maine Community College System with respect to participants enrolled or seeking enrollment in a training or education course provided by the Maine Community College System. It also directs the Maine Community College System to assist the Department of Labor in program management and oversight for such participants.
  • 6. It repeals the January 1, 2020 repeal provision on the eligibility for the program of a full-time student at a public secondary school enrolled in a career and technical education program at a career and technical education center or a career and technical education region.

This bill also amends the laws governing the employment of minors 16 and 17 years of age, providing that such a minor may be employed in an otherwise hazardous occupation for which the minor has been trained or certified from a vocational, career and technical or cooperative education program approved by the Department of Education only if the minor has graduated from the program and has graduated from high school.

Amendment H-82
This amendment strikes a number of sections of the bill affecting the Competitive Skills Scholarship Program and does the following.

  • 1. It retains the changes in the bill that amend the laws governing the employment of minors 16 and 17 years of age in an otherwise hazardous occupation for which the minor has been trained or certified from a vocational, career and technical or cooperative education program approved by the Department of Education to require that the minor must have graduated from high school. The amendment provides that a high school equivalency diploma or its equivalent is sufficient to meet this requirement.
  • 2. It retains the provision in the bill that repeals the January 1, 2020 repeal provision on the eligibility for the Competitive Skills Scholarship Program of a full-time student at a public secondary school enrolled in a career and technical education program at a career and technical education center or a career and technical education region.
  • 3. It amends the eligibility criteria of the Competitive Skills Scholarship Program to modify the requirement that an individual be at least 18 years old by also including an individual who has graduated from high school.


LD 139 Chaptered Law
LD 139 Chaptered Law fiscal note
LD 147 An Act To Extend Internet Availability in Rural Maine (Emergency) Status: Referred to Energy, Utilities and Technology Committee, Amended by Committee amendment H-43, Enacted as an emergency measure, Signed into law April 23, 2019
LD 147
This bill provides one-time funding for 2 years for a program that provides mobile wireless hot spot devices to libraries in Washington County.

Amendment H-43
This amendment replaces the bill. The amendment adds language to the law governing the telecommunications education access fund to:
  • 1. Specify that the use of the fund for Internet access includes mobile Internet access through a portable wireless access point, or hotspot, that provides Internet access over a cellular network; and
  • 2. Add a guideline for allocation of money from the fund to provide, within existing resources, support for qualified libraries in rural areas of the State with greatest need, as determined in consultation with the State Librarian, the Commissioner of Education and the ConnectME Authority, to offer portable wireless access points, or hotspots, for mobile Internet access.


LD 147 Chaptered Law
LD 147 Chaptered Law fiscal note
LD 168 Resolve, To Create a Universal Job Application System for Maine's Career Centers Status: Referred to Labor and Housing Committee, Dead, Joint rule 310.3, April 2, 2019
LD 168
This resolve directs the Department of Labor to create a universal job application system for use in the State's career centers and make universal job applications available at each of the centers. It also requires the department to work with public and private employers in the creation and maintenance of the system.

LD 170 An Act To Prohibit Questions Regarding Criminal History on Certain State Employment Applications Status: Referred to State and Local Government Committee, Enacted, Signed into law April 5, 2019
LD 170
This bill prohibits the State from including questions about criminal history on its employment application forms. The bill provides an exception to that prohibition when, due to the nature and requirements of the position, a person who has a criminal history may be disqualified from eligibility, such as for a law enforcement officer, corrections officer, child protective or adult protective services caseworker or child development services worker position. The bill applies to state employment positions in the legislative, executive or judicial branch of State Government and positions with quasi-independent state entities or public instrumentalities of the State; it does not apply to positions in school administrative units, municipalities, counties or other political subdivisions of the State.

LD 170 Chaptered Law
LD 170 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 181 An Act To Provide Funding to the Department of Health and Human Services To Support Free Health Clinics in the State Status: Referred to Health and Human Services Committee, Enacted in the House as amended by Committee amendment H-11, tabled to Special Appropriations in the Senate April 16, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 181
This bill provides funding to support free health clinics in the State.

Amendment H-11
This amendment, which is the minority report of the committee, clarifies that the health clinics being funded provide all services to the public at no charge. It also clarifies that the additional funding in the bill is only in the 2020-21 biennium and the funding is distributed through a request for proposals.

LD 181 fiscal note
LD 181 Amendment H-11 fiscal note
LD 201 An Act To Protect Jobs in the State by Requiring Advance Notice of Closure of Call Centers Status: Referred to Labor and Housing Committee, Amended by Committee amendment H-149, Enacted, Signed into law May 16, 2019
LD 201
This bill requires a person that operates a call center in the State to provide the Commissioner of Labor 120 days' notice before relocating the call center or a part of the call center. If the employer fails to notify the Commissioner of Labor of the relocation of the call center at least 120 days before the relocation, a daily fine of $10,000 may be assessed.

The bill requires the Commissioner of Labor to create a list of employers who have relocated a call center, or a facility or operating unit handling at least 30% of call volume within a call center, from the State to a foreign country. An employer appearing on the list is ineligible for a state grant, loan or tax benefit for 5 years and is required to pay back the unamortized value of a state grant, loan or tax benefit previously issued to the employer. The bill requires that call center work for executive branch agencies of the State be performed in the State.

Amendment H-149
This amendment strikes the bill and replaces it with changes to the law governing the notification requirements for an employer that proposes to close or relocate an industrial or commercial facility that employs 100 or more people. It changes the notification period from 60 days prior to the closure or relocation to 90 days prior, changes the civil penalty from a maximum $500 fine to a $500 per day fine and it applies this civil penalty to both failure to notify the Department of Labor and failure to notify the employees and the municipal officers of the municipality where the facility is located.

LD 201 Chaptered Law
LD 201 Chaptered Law fiscal note

LD 235 An Act To Increase Funding To Contain and Manage the Spread of Invasive Aquatic Species Status: Referred to Inland Fisheries and Wildlife Committee, Amended by Committee amendment H-309, Enacted, Became law without the Governor's signature June 11, 2019
LD 235
This bill increases the fees for the lake and river protection stickers that are required for all resident and nonresident motorboats, personal watercraft and seaplanes operating on inland waters of the State as follows.
  • 1. Beginning January 1, 2020, the fee for resident motorboats and personal watercraft is increased by $8 and the fee for nonresident motorboats, nonresident personal watercraft and seaplanes is increased by $10.
  • 2. Beginning January 1, 2022, the fee for resident motorboats and personal watercraft is increased by an additional $2 and the fee for nonresident motorboats, nonresident personal watercraft and seaplanes is increased by an additional $5.
  • 3. Beginning January 1, 2024, the fee for resident motorboats and personal watercraft is increased by an additional $2 and the fee for nonresident motorboats, nonresident personal watercraft and seaplanes is increased by an additional $5.
  • The fee revenues from the sale of lake and river protection stickers are used to support the efforts of the Department of Inland Fisheries and Wildlife and the Department of Environmental Protection in preventing, eradicating and managing invasive aquatic plants and nuisance species in the State.


Amendment H-309
This amendment changes the fee increases proposed in the bill as follows:
  • 1. Beginning January 1, 2020, the fee for resident motorboats and personal watercraft is increased by $5 instead of $8, and the fee for nonresident motorboats, nonresident personal watercraft and seaplanes is increased by $15 instead of $10; and
  • 2. Beginning January 1, 2021, instead of January 1, 2022, the fee for nonresident motorboats, nonresident personal watercraft and seaplanes is increased by an additional $10, but the resident fee remains the same.
This amendment also changes the allocation of the fee between the Invasive Aquatic Plant and Nuisance Species Fund and the Lake and River Protection Fund.

LD 235 Chaptered Law
LD 235 Chaptered Law fiscal note
LD 243 An Act To Create an Hourly Rate Compensation System for Loggers and Truckers Status: Referred to Labor and Housing Committee, Dead, Joint rule 310.3, May 21, 2019
LD 243
This bill is a concept draft pursuant to Joint Rule 208.

This bill proposes to create an hourly rate compensation system for loggers and truckers.

LD 300 An Act To Provide School Personnel Paid Hourly a Wage Pay Option Status: Referred to Labor and Housing Committee, Amended by Committee amendment H-220 and Senate amendment S-131, Enacted, Signed into law June 5, 2019
LD 300
This bill requires a school administrative unit to provide school personnel who are paid on an hourly basis with the option of receiving pay over a period of 12 months or shorter. The bill also provides that if a school day is cancelled or shortened due to circumstances beyond the control of school officials, a school administrative unit is required to pay school personnel who are paid on an hourly basis for the hours not worked because of the cancellation or shortened school day, up to 40 hours per school year.

Amendment H-220
This amendment strikes the portion of the bill that requires a school administrative unit to pay school personnel who are paid on an hourly basis for the hours not worked when a school day is canceled or shortened due to circumstances beyond the control of school officials. The amendment also adds a mandate preamble.

Amendment S-131
This amendment removes the mandate preamble.

LD 300 Chaptered Law
LD 300 Chaptered Law fiscal note
LD 308 An Act To Authorize Municipalities To Increase Notification Time Periods for Rent Increases and Terminations of Tenancies at Will Status: Dead, Referred to Labor and Housing Committee, Amended by Committee amendment H-357, Enacted as an emergency measure, Vetoed, Veto sustained in the House, June 17, 2019
LD 308
This bill increases from 30 to 60 days the notice that a party must provide to terminate a tenancy at will. It also increases from 45 to 75 days the notice that a landlord must provide to increase the rent of a residential tenant.

Amendment H-357
This amendment, which is the majority report of the committee, replaces the title and the bill and authorizes a municipality to increase from 30 days up to 60 days the notice that a party must provide to terminate a tenancy at will. It also authorizes a municipality to increase from 45 days up to 75 days the notice that a landlord must provide to increase the rent of a residential tenant.

LD 308 fiscal note
LD 308 Amendment H-357 fiscal note
LD 312 An Act To Reduce the Cost of Workers' Compensation Insurance for Small Employers Status: Referred to Labor and Housing Committee, Dead, Joint rule 310.3, May 28, 2019
LD 312
This bill prohibits a workers' compensation insurer from charging a minimum premium in connection with its issuance of a workers' compensation policy.

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 336 An Act To Require That Notice of Lead Abatement Orders Be Filed with the Registry of Deeds Status: Referred to Health and Human Services Committee, Amended by Committee amendment H-136, Enacted, Signed into law May 14, 2019
LD 336
This bill requires the Department of Health and Human Services to file a notice of the existence of an environmental lead hazard in the registry of deeds in the county in which the relevant property is located. It also requires the department to file a notice in the registry of deeds when the department determines that the environmental lead hazard no longer exists.

Amendment H-136
This amendment, which is the unanimous report of the committee:
  • 1. Amends the bill to refer to an order directing that lead-based substances be removed, replaced or securely and permanently covered;
  • 2. Requires that the book and page in the registry of the owner's deed be identified on the notice filed with the registry of deeds that the owner complied with the order issued by the Department of Health and Human Services;
  • 3. Requires that a notice filed with the registry of deeds include a notarized signature of the person issuing the notice; and
  • 4. Directs the Department of Health and Human Services to adopt routine technical rules, including for the form of the notice to be filed in the registry of deeds.


LD 336 Chaptered Law
LD 336 Chaptered Law fiscal note
LD 341 An Act To Authorize a General Fund Bond Issue for the Construction of a Convention Center in Portland Status: Referred to Appropriations and Financial Affairs Committee, carried over to any regular or special session per Joint Order HP 1322
LD 341
The funds provided by this bond issue, in the amount of $150,000,000, will be used for the construction of a convention center in Portland.

LD 361 An Act To Amend the Laws Governing Political Action Committees Status: Referred to Veterans and Legal Affairs Committee, Dead, Concurrence in Ought Not to Pass, March 5, 2019
LD 361
This bill prohibits a legislative candidate from establishing a political action committee for which the candidate is a treasurer or principal officer or for which the candidate is primarily responsible for fund-raising or decision making. The bill also makes a change to a provision under the Maine Clean Election Act, which includes the same prohibition, to specify that the prohibition in that Act applies only to participating gubernatorial candidates and certified gubernatorial candidates.

LD 396 An Act To Support Justice for Victims of Sexual Assault by Increasing the Time Sexual Assault Forensic Examination Kits Must Be Stored Status: Referred to Criminal Justice and Public Safety Committee, Amended by Committee amendment H-113, Enacted, Signed into law May 8, 2019
LD 396
This bill changes the period that a law enforcement agency must store a sexual assault forensic examination kit when the victim has not come forward from 90 days from receipt of the kit to the period of time equal to the limitations period for the underlying crime. This bill also requires investigating agencies in possession of a sexual assault forensic examination kit when the victim has come forward to store the kit for the period of time equal to the limitations period for the underlying crime or until the underlying crime has been prosecuted and a conviction has been obtained, whichever comes first.

Amendment H-113
This amendment strikes the bill and instead changes the period that a law enforcement agency must store a sexual assault forensic examination kit when the victim has not come forward from 90 days from receipt of the kit to 8 years.

LD 396 Chaptered Law
LD 396 Chaptered Law fiscal note
LD 402 An Act To Restore Overtime Protections for Maine Workers Status: Referred to Labor and Housing Committee, Work session held, May 1, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 402
This bill annually raises the minimum salary that an employee who works in an executive, administrative or professional capacity must earn in order for that employee to be exempt from the laws governing the minimum wage and overtime pay until it is $55,224 on January 1, 2022. The bill provides for an annual adjustment, beginning January 1, 2023, based on the percentage annual increase in certain earnings as published by the United States Department of Labor, Bureau of Labor Statistics.

LD 413 An Act To Ensure the Rights of Citizens to Groundwater in the State Status: Referred to Environment and Natural Resources Committee, Dead, Joint rule 310.3, May 2, 2019
LD 413
This bill is a concept draft pursuant to Joint Rule 208.

This bill proposes to change the laws governing groundwater to recognize that the citizens of the State collectively own the State's groundwater. The bill establishes the State as the trustee and steward of the State's groundwater on behalf of the citizens of the State and requires the State to endeavor to ensure that the groundwater will always be available to the benefit of all the citizens of the State. It also directs the State to take all reasonable measures to ensure an adequate supply of usable groundwater for the citizens of the State and to monitor the level of sustainability of the groundwater and protect against uses of groundwater that are detrimental to aquifers, bodies of surface water or wetlands or to public health and welfare.

LD 429 An Act To Improve the Ability of Mental Health Professionals To Assess the Risk of Suicide Status: Referred to Health Coverage, Insurance and Financial Services Committee, Dead, Joint rule 310.3, March 12, 2019
LD 429
This bill adds a new requirement for the renewal of professional licenses for psychologists, social workers and licensed clinical professional counselors that each must show proof upon renewal that the licensee has completed a minimum of 6 hours of course work every 10 years in suicide prevention, evidence-based suicide risk assessment or the treatment and management of suicidal persons, including knowledge of community resources and cultural factors. These courses may be used to satisfy the licensee's other continuing education requirements. The bill also changes, from January 1, 2020 to January 1, 2022, the date that licensed clinical professional counselors must begin demonstrating successful completion of a minimum of 12 hours of course work in family or intimate partner violence.

Amendment H-139
This amendment, which is the minority report of the committee, amends the bill to require the Department of Health and Human Services to provide at least one week of training to any employee engaged in adult protective services instead of to only new employees. It clarifies that it is the ratio of supervisors to caseworkers, instead of the number of supervisors, that must be identical in adult protective services and child protective services. The amendment also provides that Adult Protective Services Caseworker positions, Adult Protective Services Caseworker Supervisor positions, Adult Protective Services Public Service Manager I positions and Adult Protective Services Public Service Manager II positions receive a $1 per wage-hour stipend for employees holding or obtaining a relevant master's degree. It provides that the $5 per wage-hour stipend payment and $1 per wage-hour stipend payment authorized for Adult Protective Services Caseworker positions, Adult Protective Services Caseworker Supervisor positions, Adult Protective Services Public Service Manager I positions and Adult Protective Services Public Service Manager II positions must be considered part of those employees' base pay for purposes of transfers, promotions, cost-of-living adjustments, merit increases and collectively bargained wage increases. The amendment also replaces the appropriations and allocations section.

LD 429 Amendment H-139 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 471 An Act To Amend the Child and Family Services and Child Protection Act To Require the Department of Health and Human Services To Make Best Efforts To Prevent Removal of a Child from a Home Status: Referred to Judiciary Committee, Dead, Joint rule 310.3, June 3, 2019
LD 471
This bill amends the Child and Family Services and Child Protection Act to require that best efforts, rather than reasonable efforts, be made by the Department of Health and Human Services to rehabilitate and reunify families as a means of protecting the welfare of children.

LD 514 An Act To Amend the Laws Governing the Political Party Representation of Election Clerks Status: Referred to Veterans and Legal Affairs Committee, Amended by Committee amendment H-93, Enacted, Signed into law April 30, 2019
LD 514
This bill requires election clerks in a municipality to be selected so that 33% of clerks are from one major party and 33% from another, with 34% of clerks being selected without regard to party enrollment.

Amendment H-93
This amendment, which is the majority report of the committee, strikes and replaces the bill, which requires election clerks in a municipality to be selected so that 33% of clerks are from one major party, 33% are from another major party and 34% are selected without regard to party enrollment. This amendment amends the process for selection of election clerks and clarifies other provisions regarding election clerks.

Specifically, the amendment retains the provision in current law allowing parties to nominate election clerks but also allows the municipal clerk or any registered voter to make nominations. Like current law, the amendment directs timely consideration of nominations but does not require municipal officers to appoint the election clerks from among nominees and instead allows them to appoint any qualified voter. Under the amendment, the minimum requirement is 2 election clerks at each voting place, one each from the 2 major parties. The amendment requires that at least 1/2 of the election clerks working at any election are affiliated with the major parties, and the rest of the election clerks may be affiliated with a minor party or be unenrolled.

The amendment also provides that if the municipal officers do not appoint a sufficient number of election clerks representing the major parties or an insufficient number of appointees are available to serve from the list provided by municipal officers, the municipal clerk may appoint additional election clerks without regard to party enrollment status.

LD 514 Chaptered Law
LD 514 Chaptered Law fiscal note
LD 547 An Act To Authorize a General Fund Bond Issue To Support Maine Aquaculture Status: Referred to Appropriations and Financial Affairs Committee, Public hearing held, April 2, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 547
The funds provided by this bond issue, in the amount of $25,000,000, will be used to provide funds to the Gulf of Maine Research Institute to study and promote Maine aquaculture.

LD 584 An Act To Convert Stipends to Base Pay for Child Protective Workers Status: Referred to Labor and Housing Committee, Dead, Joint rule 310.3, April 11, 2019
LD 584
This bill requires that the $5 per wage-hour stipends provided to child protective services employees in the Department of Health and Human Services, Office of Child and Family Services for the purpose of recruitment and retention of such employees and the $1 per wage-hour stipend paid to such child protective services employees who hold or obtain a relevant master's degree must be considered part of the base pay of employees who receive a stipend for purposes of calculating retirement benefits.

LD 596 An Act To Prevent the Closure of Maine Businesses Status: Referred to Labor and Housing Committee, Dead, Joint rule 310.3, May 21, 2019
LD 596
This bill requires that a person proposing to permanently shut down an industrial or commercial facility make an offer of sale, at fair market value, of the facility and equipment to an interested employee organization or to a privately owned business entity, government-owned business entity or jointly owned business entity.

LD 600 An Act To Achieve Mental Health Parity in Workers' Compensation Status: Referred to Labor and Housing Committee, Dead, Joint rule 310.3, June 14, 2019
LD 600
This bill changes the standard of proof required to demonstrate entitlement to compensation for a mental injury caused by stress so that it is the same standard as is required with respect to physical injuries. In addition, this bill specifies that a work-related injury that aggravates a preexisting mental condition may result in a compensable disability, just as aggravating a preexisting physical condition may.

LD 601 An Act To Create Fairness by Reinstituting the Cost-of-living Adjustment for Workers' Compensation Benefits Status: Referred to Labor and Housing Committee, Dead, Joint rule 310.3, June 5, 2019
LD 601
This bill establishes cost-of-living adjustments for workers' compensation benefits. Prior to the 1992 revision of the laws governing workers' compensation, benefits for total incapacity were adjusted annually based on the percentage increase or decrease in the state average weekly wage.

LD 644 An Act To Improve Safety at State Courthouses Status: Referred to Judiciary Committee, Dead, Joint rule 310.3, May 2, 2019
LD 644
This bill is a concept draft pursuant to Joint Rule 208.

This bill proposes to provide funding to update screening equipment at courthouses located throughout the State and to replace outdated screening equipment that may be causing exposure to radiation. It proposes to establish a protocol for testing and repairing existing screening equipment. It also proposes to develop a long-range plan for testing and replacing screening equipment in a timely manner.

LD 670 An Act To Increase the Minimum Wage for Large Employers Status: Referred to Labor and Housing Committee, Dead, Joint rule 310.3, April 11, 2019
LD 670
This bill increases the minimum wage of the employees of employers employing 50 or more full-time employees to $13.00 on January 1, 2021, to $14.00 on January 1, 2022 and to $15.00 on January 1, 2023.

LD 715 An Act To Change the Allocation Formula for Revenue from Slot Machines Status: Referred to Veterans and Legal Affairs Committee, Dead, Joint rule 310.3, March 19, 2019
LD 715
This bill is a concept draft pursuant to Joint Rule 208.

This bill proposes to change the allocation of the revenue from slot machines operated by casinos, as established in the Maine Revised Statutes, Title 8, section 1036, subsections 2 and 2-A. This bill would not change the percentage of the net slot machine income being distributed, but would:

  • 1. Return to the allocation formula established in the legislation allowing casinos that was approved at referendum, which would require reducing the funding of certain items, such as the fund to supplement harness racing purses and the Sire Stakes Fund, and eliminating the funding of other items, such as the Fund to Encourage Racing at Maine's Commercial Tracks and the Fund to Stabilize Off-track Betting Facilities. Under this proposal, the 14% of the net slot machine income attributable to the reduction or elimination of those allocations would be distributed elsewhere;
  • 2. Reallocate the net slot machine income among the current receivers of the income, increasing the share of some, such as the Fund for a Healthy Maine, the University of Maine System Scholarship Fund, the Maine Maritime Academy and the Maine Community College System, while decreasing the share of others, such as the fund to supplement harness racing purses, and eliminating the share of others, such as the Fund to Encourage Racing at Maine's Commercial Tracks, the Sire Stakes Fund and the Fund to Stabilize Off-track Betting Facilities; or
  • 3. Enact a combination of the 2 methods and include different recipients.


LD 729 An Act Regarding the Probationary Period for Teachers Status: Referred to Education and Cultural Affairs Committee, Dead, Joint rule 310.3, April 11, 2019
LD 729
This bill provides that if a teacher completed a 3-year probationary period in a school administrative unit and later teaches in another school administrative unit, that teacher will only have a one-year probationary period in the new school administrative unit.

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 810 An Act To Require Background Checks for All Private Firearm Sales or Transfers Except between Family Members Status: Referred to Criminal Justice and Public Safety Committee, Dead, Joint rule 310.3, June 5, 2019
LD 810
This bill allows the transfer or sale of a firearm between 2 individuals who are not licensed as firearm dealers if the person to whom the firearm is being transferred submits to a background check conducted by a licensed firearm dealer; the dealer must conduct a background check and complete the sale or transfer as though selling or transferring the dealer's own inventory. This bill does not restrict transfers to a family member, which is broadly defined to include a spouse, domestic partner, intimate partner, child, parent, sibling, grandparent, grandchild, stepchild, stepparent, niece, nephew, first cousin, aunt, uncle and in-law; temporary transfers between persons who are hunting or sport shooting together; transfers done for emergency self-defense; the transfer of an antique weapon or curio; a transfer involving a law enforcement officer or agency, member of the military or licensed security guard; or a transfer that occurs by operation of law upon a person's death.

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 833 An Act To Provide the Same Retirement Benefits for State Employees Working as Emergency Communications Specialists as Are Provided to Law Enforcement Officers Status: Referred to Labor and Housing Committee, Engrossed in both chambers as amended by Committee amendment H-496, Enacted in both chambers June 11, 2019, Governor's action pending, Governor placed on hold, July 2, 2019
LD 833
This bill is a concept draft pursuant to Joint Rule 208.

This bill proposes to amend the laws governing the Maine Public Employees Retirement System to provide the same retirement benefits as are provided to law enforcement officers to state employees working in law enforcement, including these job classifications:

  • 1. Emergency dispatchers;
  • 2. Staff in the Maine State Police computer crimes unit;
  • 3. Staff in the Maine State Police Crime Laboratory;
  • 4. Law enforcement staff at the Attorney General's office; and
  • 5. Forest rangers.


Amendment H-496
This amendment is the majority report of the committee and replaces the bill. The amendment allows emergency communications specialists in the employment of the Department of Public Safety to elect to participate in the 1998 Special Plan of the Maine Public Employees Retirement System. Under that plan, a person may retire at 55 years of age with 10 years of creditable service or may retire before 55 years of age with 25 years of creditable service. The amendment also adds an appropriations and allocations section.

LD 833 Amendment H-496 fiscal note
LD 839 An Act To Increase Funding for Multimodal Transportation Status: Dead, Referred to Taxation Committee, Amended by Committee amendment H-329, Enacted, Vetoed, Veto sustained in the House, June 17, 2019
LD 839
This bill increases the sales tax on short-term rentals of automobiles, small trucks and vans from 10% to 15% to provide funding for multimodal transportation. The increase takes effect October 1, 2019.

Amendment H-329
This amendment reduces from 15% to 12% the increased rate of the sales tax on short-term rental of automobiles, small trucks and vans and adds an appropriations and allocations section.

LD 839 Amendment H-329 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 878 An Act To Make Clean Election Filing Deadlines Consistent for All Candidates Status: Referred to Veterans and Legal Affairs Committee, Dead, Concurrence in Ought Not to Pass, April 11, 2019
LD 878
This bill changes the date on which a candidate who is not enrolled in a party must file to participate in the Maine Clean Election Act from April 20th to June 1st for a candidate for the Legislature and from April 1st to June 1st for a candidate for Governor. Current law provides that a nomination petition must be filed in the office of the Secretary of State by June 1st.

LD 886 An Act To Protect Search and Rescue Volunteers Certified by the Maine Association for Search and Rescue from Adverse Employment Actions Status: Referred to Labor and Housing Committee, Amended by Committee amendment H-447, Enacted, Signed into law June 17, 2019
LD 886
This bill provides the same protections to volunteer search and rescuers for absences from work in responding to search and rescue operations requested by a law enforcement agency as volunteer firefighters receive for absences from work in responding to emergencies. Under this bill, a volunteer search and rescuer is a person who has been certified in search and rescue practices and procedures by a nonprofit search and rescue training organization recognized by the Department of Inland Fisheries and Wildlife, Bureau of Warden Service.

Amendment H-447
This amendment makes the bill consistent with the Maine Revised Statutes, Title 26, section 809, concerning absence for emergency response. It adds a definition for "recognized organization" and changes terminology from "volunteer search and rescue" to "search and rescue volunteer."

LD 886 Chaptered Law
LD 886 Chaptered Law fiscal note
LD 902 Resolve, Directing the Department of Professional and Financial Regulation To Conduct a Sunrise Review of the Proposal To License Certain Mechanical Trades Status: Referred to Innovation, Development, Economic Advancement and Business Committee, Dead, Joint rule 310.3, April 23, 2019
LD 902
This resolve requires the Commissioner of Professional and Financial Regulation to conduct an independent assessment pursuant to the sunrise review requirements in the Maine Revised Statutes of the proposal to license certain mechanical trades and submit a report to the Joint Standing Committee on Innovation, Development, Economic Advancement and Business.

LD 903 An Act To Improve Corporate Tax Fairness by Amending the Rates Imposed on Corporate Income Status: Referred to Taxation Committee, Work session held, March 21, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 903
This bill establishes 2 new tax brackets and 3 new rates for corporate income tax purposes for tax years beginning on or after January 1, 2020. Under the bill, corporate income between $2,000,000 and $3,000,000 is taxed at the rate of 8.5% and corporate income between $3,000,000 and $3,500,000 is taxed at the rate of 8.75%; such income is taxed under current law at the rate of 8.33%. The top tax rate, which is imposed on corporate income over $3,500,000, is increased from 8.93% to 9%.

LD 904 Resolve, Directing the Commissioner of Professional and Financial Regulation To Conduct a Sunrise Review Regarding the Proposal To License Operators of Cranes Status: Referred to Innovation, Development, Economic Advancement and Business Committee, Amended by Committee amendment H-465, Finally passed, Signed into law June 17, 2019
LD 904
This bill requires the Commissioner of Professional and Financial Regulation to conduct an assessment pursuant to the sunrise review requirements in the Maine Revised Statutes, Title 32, chapter 1-A, subchapter 2 of the licensing of heavy equipment operators. The bill requires the commissioner to submit a report to the Joint Standing Committee on Innovation, Development, Economic Advancement and Business and allows the committee to submit legislation to the Second Regular Session of the 129th Legislature.

Amendment H-465
This amendment limits the sunrise review by the Commissioner of Professional and Financial Regulation to licensing operators of cranes instead of heavy equipment operators and provides additional detail regarding the information to be considered in the sunrise review process.

LD 904 Chaptered Law
LD 904 Chaptered Law fiscal note
LD 947 An Act To Extend the Notice of Injury Period in the Maine Workers' Compensation Act of 1992 Status: Referred to Labor and Housing Committee, Dead, Joint rule 310.3, June 5, 2019
LD 947
Under current law governing workers' compensation, an employee must provide notice of injury to an employer within 30 days after the date of injury. This bill provides that, for claims for which the date of injury is on or after January 1, 2020, an employee must provide to the employer notice of the injury within 180 days after the date of injury.

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 964 Resolve, To Study Housing Options for Persons with Mental Health Challenges and Substance Use Disorder Status: Referred to Health and Human Services Committee, Dead, Joint rule 310.3, May 7, 2019
LD 964
This resolve establishes the Study Commission to Assess Housing Needs of Persons with Mental Health Challenges and Substance Use Disorder and requires the study commission to assess the housing needs of persons who are living with mental health challenges and who have substance use disorder, with a focus on the needs of such individuals located in rural Maine. The study commission is required to explore methods of expanding the options and availability of housing for such individuals, including options that support the unique housing needs of such individuals, and report its findings and recommendations to the Second Regular Session of the 129th Legislature.

LD 1008 An Act To Include State Employee Stipends as Earnable Compensation Status: Referred to Labor and Housing Committee, Dead, Joint rule 310.3, April 11, 2019
LD 1008
This bill requires that stipends paid to a member of the Maine Public Employees Retirement System be counted as earnable compensation for purposes of calculating retirement benefits.

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 1041 An Act Regarding Collective Bargaining for Public Employees under the Municipal Public Employees Labor Relations Laws Status: Referred to Labor and Housing Committee, Dead, Joint rule 310.3, April 25, 2019
LD 1041
This bill amends provisions relating to collective bargaining by public employees covered by municipal public employees labor relations laws, including:
  • 1. Repealing the provision that prohibits public employees from stopping or slowing work, striking or blacklisting public employers to prevent the employers from filling vacancies; and
  • 2. Requiring both parties to collective bargaining to have an individual present who is authorized to reach a tentative agreement.


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 1084 An Act Regarding the Operation of Pedal-powered Tour Vehicles (By request) Status: Referred to Transportation Committee, Work session held, May 7, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1084
This bill defines "pedal-powered tour vehicle" and permits such vehicles to be used on public ways. The bill provides that a municipality may restrict the operation of a pedal-powered tour vehicle on a public way within the municipality only by requiring evidence of liability insurance and compliance with equipment standards and traffic restrictions established by the municipality.

LD 1095 An Act Regarding Workers' Compensation Liens Status: Referred to Labor and Housing Committee, Dead, Joint rule 310.3, June 5, 2019
LD 1095
When a worker suffers an injury or death that is eligible for workers' compensation benefits under the Maine Workers' Compensation Act of 1992 and that is sustained under circumstances that create legal liability for a 3rd person, the injured employee may either claim workers' compensation benefits or seek damages in a civil suit against that 3rd person to recover damages. Under current law, if the injured employee chooses to claim workers' compensation benefits from the employer, the employer has a lien on any damages subsequently recovered against that 3rd person in the civil action for the value of workers' compensation benefits paid.

This bill limits the amount of the lien of the employer of the injured or deceased employee to only the value of damages received by or on behalf of the injured or deceased employee that are attributable to compensation for past or future medical treatment and loss of income or earning capacity.

LD 1110 An Act To Establish a Local Option for Sales Tax Status: Referred to Taxation Committee, Dead, Joint rule 310.3, April 16, 2019
LD 1110
This bill allows a municipality to impose a local option sales tax if approved by referendum of the voters in that municipality. The referendum question must identify the rate of the local option sales tax, the categories of taxable items the local option sales tax will apply to and the purposes for which the revenue will be used. The local option sales tax would be collected and administered by the State in the same manner as the sales and use tax. Revenue from the local option sales tax is distributed to the municipality imposing the local option sales tax. Revenue received by a municipality may not be used to reduce or eliminate funding otherwise due the municipality under other provisions of law.

LD 1120 An Act To Protect Consumers from Price Gouging by Utility Companies Status: Referred to Energy, Utilities and Technology Committee, Dead, Concurrence in Ought Not to Pass, May 16, 2019
LD 1120
This bill changes the positions of the members of the Public Utilities Commission, currently 6-year terms, and the Public Advocate, currently a 4-year term, to positions serving at the pleasure of the Governor. It also changes the compensation of the members of the Public Utilities Commission to be set at the average annual wage in the State; current law sets compensation of the chair of the commission at the salary of the Chief Justice of the Superior Court and the other commissioners at the salary of an Associate Justice of the Superior Court.

The bill requires the commission, in the determination of utility rates, to limit rate increases to less than 10% in any 12-month period. The bill also prohibits costs associated with errors or mistakes that are the responsibility of a utility from being included or incorporated in operating expenses in the commission's determination of rates or rate-adjustment mechanisms.

LD 1135 Resolve, To Increase Funding for Assertive Community Treatment (Emergency) Status: Referred to Health and Human Services Committee, both chambers engrossed with Committee amendment H-253, failed final passage as an emergency measure in the House, May 23, 2019, Senate receded, adopted amendment S-170 to H-253 and engrossed, May 30, 2019, House adopted amendment S-170 and enacted, Senate tabled to Special Appropriations, June 4, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1135
This resolve requires the Department of Health and Human Services to increase the MaineCare reimbursement rates for assertive community treatment by 25%, contract with a 3rd party to conduct a rate study of reimbursement rates for assertive community treatment and report with findings by January 30, 2020. The department is authorized to set new rates based on the rate study as long as the rates are no lower than those in effect on April 1, 2019.

The resolve also includes an appropriations and allocations section.

Amendment H-253
This amendment, which is the majority report of the committee, amends the resolve to provide that the 25% rate increase for assertive community treatment is ongoing. It removes the directive to the Department of Health and Human Services to contract with a 3rd party to conduct a rate study. It also replaces the appropriations and allocations section to reflect a change in funding.

Amendment S-170
This amendment removes the emergency preamble and emergency clause and removes the fiscal year 2018-19 appropriation and reduces the fiscal year 2019-20 appropriation due to the delayed implementation.

LD 1135 fiscal note
LD 1135 Amendment H-253 fiscal note
LD 1135 Amendment S-170 fiscal note

LD 1137 An Act To Clarify the Background Check Process for Certain Child Care Workers Status: Referred to Health and Human Services Committee, Dead, Joint rule 310.3, May 21, 2019
LD 1137
This bill removes the requirement that the Department of Health and Human Services, Background Check Center be used to screen prospective employees of child care facilities and family child care providers. Instead, this bill allows the criminal background check used for new and continuing school employees to fulfill the state and federal requirements for a mandatory criminal background check for a person who provides child care in a child care facility, a family child care provider and a person who provides day care in that person's home for one or 2 children whose care is paid for by state or federal funds.

LD 1140 An Act To Improve the Investigation and Prosecution of Sexual Assault Cases Status: Referred to Criminal Justice and Public Safety Committee, Enacted, Signed into law May 8, 2019
LD 1140
This bill requires a law enforcement agency, within 60 days of receiving a complaint for an alleged sexual assault, to inform the appropriate prosecutor of any evidence and submit the complaint to the appropriate prosecutor for review and a decision by the prosecutor regarding further investigation and commencement of prosecution. Failure of a law enforcement agency to do so does not affect the validity of a later submission and prosecution.

LD 1140 Chaptered Law
LD 1140 Chaptered Law fiscal note
LD 1160 An Act To Transfer the Kim Wallace Adaptive Equipment Loan Program Fund to the Office of the Treasurer of State Status: Referred to Innovation, Development, Economic Advancement and Business Committee, Amended by Committee amendment H-258, Enacted as an emergency measure, Signed into law May 30, 2019
LD 1160
This bill transfers the Kim Wallace Adaptive Equipment Loan Program Fund from the Finance Authority of Maine to the Treasurer of State and allows the Treasurer of State to make disbursements from the fund only upon written direction of the Kim Wallace Adaptive Equipment Loan Program Fund Board. This bill also provides funds to establish the fund in the Office of the Treasurer of State.

Amendment H-258
This amendment retains language in the current statute allowing for funds to be deposited with and maintained by other state agencies. The amendment also adds an emergency preamble and emergency clause to the bill.

LD 1160 Chaptered Law
LD 1160 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 1184 An Act Regarding Penalties for Early Retirement for Certain Members of the Maine Public Employees Retirement System Status: Referred to Labor and Housing Committee, Enacted in the House as amended by Committee amendment H-244, tabled to Special Appropriations in the Senate May 29, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1184
Under changes made to the Maine Public Employees Retirement System in 1993, employees who were members of the Maine Public Employees Retirement System as of July 1, 1993 but did not have 10 years of creditable service as of July 1, 1993 are required to have 25 years of creditable service and attain 62 years of age in order to avoid incurring a penalty of 6% of earned benefits for each year the person retires before attaining 62 years of age. Prior to that change, the penalty was 2.25% for each year below 60 years of age the person retired.

This bill changes the rate of the penalty for those state employees who retired between July 1, 2011 and January 1, 2012 and for teachers who retired between July 1, 2011 and July 1, 2012 who had at least 25 years of service on July 1, 2011 but had not attained 62 years of age to 2.25% for each year the person was below 62 years of age upon retirement from service.

Amendment H-244
This amendment is the minority report of the committee.

This amendment makes clear that the change in the rate of the early retirement penalty for qualified members applies prospectively beginning October 1, 2019.

The amendment also adds an appropriations and allocations section to fund the one-time cost of the unfunded actuarial liability created as a result of the change in the rate of penalty for qualified members.

LD 1184 fiscal note
LD 1184 Amendment H-244 fiscal note
LD 1211 An Act To Protect Farm Workers by Allowing Them To Organize for the Purpose of Collective Bargaining Status: Referred to Labor and Housing Committee, Dead, Joint rule 310.3, June 11, 2019
LD 1211
This bill is a concept draft pursuant to Joint Rule 208.

This bill proposes to allow persons working in agriculture to organize for the purposes of collectively bargaining for wages, hours, other working conditions and benefits, without fear of reprisal. The bill would exempt farms under a certain size and with a limited number of employees.

LD 1223 Resolve, Directing the Department of Transportation To Incorporate Transportation Demand Management Strategies in Its Rules Pertaining to Traffic Movement Permits Status: Referred to Transportation Committee, Amended by Committee amendment H-454, Finally passed, Became law without the Governor's signature June 20, 2019
LD 1223
This bill amends the requirements for a traffic movement permit for a project by requiring the Department of Transportation to require all reasonable traffic mitigation measures that could avoid the expansion of a roadway. This bill requires an analysis of all modes of transportation affected by the project and a design to ensure that the project does not promote one mode of transportation in a way that negatively impacts another. This bill also requires the department to include within the scope of impact evaluation an analysis estimating the amount of vehicle, pedestrian, bicycle, transit and trail use that could be generated by the project.

Amendment H-454
This amendment strikes and replaces the bill with a resolve requiring the Commissioner of Transportation to form a stakeholder group to review the Department of Transportation's rules pertaining to the traffic movement permit process. The commissioner is required to submit major substantive rules amending the traffic movement permit process adopted pursuant to the Maine Revised Statutes, Title 23, section 704-A, based on the findings and recommendations of the stakeholder group, no later than February 1, 2020. This amendment also allows the Joint Standing Committee on Transportation to introduce a bill related to the traffic movement permit process during the Second Regular Session of the 129th Legislature.

LD 1223 Chaptered Law
LD 1223 Chaptered Law fiscal note
LD 1237 An Act To Simplify Municipal Collective Bargaining by Removing the 120-Day Notice Required Prior to Certain Negotiations Status: Referred to Labor and Housing Committee, Enacted, Signed into law June 7, 2019
LD 1237
This bill repeals the requirement that a bargaining agent for municipal public employees submit a written request for collective bargaining to the public employer of those municipal public employees at least 120 days before the conclusion of the current fiscal operating budget.

LD 1237 Chaptered Law
LD 1237 Chaptered Law fiscal note
LD 1240 An Act To Provide Career and Technical Training Options for Electricians Status: Referred to Innovation, Development, Economic Advancement and Business Committee, both chambers accepted unanimous Committee report, Amended by Committee amendment H-257 and House amendment H-336, Enacted, Signed into law, June 10, 2019
LD 1240
This bill allows the Electricians' Examining Board to accept satisfactory evidence of completion of a career and technical electrical education program approved pursuant to the Maine Revised Statutes, Title 20-A, section 8306-B as a secondary student when issuing a journeyman-in-training electrician license.

Amendment H-257
This amendment strikes and replaces the bill. The amendment amends the requirements for licensure as a journeyman electrician to credit graduates of a secondary school career and technical electrical education program approved pursuant to the Maine Revised Statutes, Title 20-A, section 8306-B with 1,000 hours of work experience in electrical installations and makes it clear that such graduates are eligible to sit for the journeyman examination.

Amendment H-336
This amendment clarifies the language in Committee Amendment H-257 regarding the requirements for licensure as a journeyman electrician. Under this amendment, graduates of a secondary school career and technical education electrical program approved pursuant to the Maine Revised Statutes, Title 20-A, section 8306-B are credited with 1,000 hours of work experience in electrical installations and are eligible to sit for the journeyman examination. This amendment specifically provides that the 1,000 hours credited may not be applied to any other pathway to licensure.

LD 1240 Chaptered Law
LD 1240 Chaptered Law fiscal note
LD 1250 An Act To Prohibit Sexual Harassment as a Subject Matter of Mandatory Arbitration in Employment Contracts Status: Referred to Labor and Housing Committee, Work session held, May 15, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1250
This bill prohibits an employment contract entered into after the effective date of this legislation from including a clause that requires arbitration of a sexual harassment allegation or claim and makes any such clause void. The bill does not affect the ability of an employer to include any other arbitration clause in a contract or to enforce the provisions of a contract other than the prohibited clause.

LD 1251 An Act To Make Agricultural Workers and Other Workers Employees under the Wage and Hour Laws Status: Referred to Labor and Housing Committee, Dead, Joint rule 310.3, April 25, 2019
LD 1251
This bill provides that agricultural employees and seasonal employees are subject to the laws that place limits on mandatory overtime. It also provides that agricultural employees are subject to the laws that set a minimum wage and overtime rate. It provides that the laws that set an overtime rate apply to certain activities related to agricultural produce, meat and fish products and perishable foods.

LD 1316 An Act To Make It Explicit That Maine Holds Title to Its Intertidal Lands (By request) Status: Referred to Agriculture, Conservation and Forestry Committee, Dead, Joint rule 310.3, May 21, 2019
LD 1316
This bill states that the State owns title to intertidal land not already filled to facilitate marine commerce. The State's ownership is based on federal laws and United States Supreme Court cases that establish and substantiate each state's sovereignty over its intertidal and submerged land, as well as state law, which were not adhered to when the Supreme Judicial Court decided a pre-statehood colonial ordinance applicable to Massachusetts governs the State's ownership interest in intertidal land.

LD 1368 An Act To Require Postsecondary Institutions To Meet the Expected Family Contribution without Additional Loan Burdens for Students Status: Referred to Innovation, Development, Economic Advancement and Business Committee, Dead, Concurrence in Ought Not to Pass, June 12, 2019
LD 1368
This bill is a concept draft pursuant to Joint Rule 208.

This bill proposes to require postsecondary institutions to meet the expected family contribution without additional loan burdens on students. The expected family contribution is an index number that postsecondary institutions use to determine how much financial aid a student would receive annually if the student were to attend that postsecondary institution. Included in financial aid packages are federal Stafford loans, which are fixed-rate student loans originated by the Federal Government. This bill is designed to limit exposure of a student's loan burden to federal Stafford loans only.

LD 1386 An Act Regarding the Determination of the Prevailing Wage Rate for Public Works Projects Status: Referred to Labor and Housing Committee, Enacted in both chambers as amended by Committee amendment S-204 and Senate amendment S-342, June 18, 2019, Governor's action pending, Governor placed on hold, July 2, 2019
LD 1386
This bill directs the Department of Labor, Bureau of Labor Standards, when determining prevailing hourly wages and benefits, to collect one set of data through conducting a survey of wages and benefits and a 2nd set of data through certified payroll submissions on state construction projects during 2 weeks in July of each year and to use the higher wage and benefit information of the 2 data sets to determine the prevailing hourly wage and benefit rate. This bill also increases from $50 to $250 the penalty for failing to provide requested information to the bureau.

Amendment S-204
Like the bill, this amendment requires 2 data sets to be reported to the Department of Labor, Bureau of Labor Standards in order to determine the hourly prevailing wage and benefits rate paid in the construction industry but clarifies that the 2nd set of data, the certified payroll submissions on state construction of public works, is to come from reporting by state agencies that contract for the construction of public works. It also requires that all data must be submitted to the bureau by the 2nd week in October. It increases the penalties the director may assess against any person who fails to provide the information from $250 for all offenses, as in the bill, to $250 for the first offense, $500 for a 2nd offense and $1,000 for any subsequent offense. Lastly, it adds an appropriations and allocations section to fund a position in the department necessary for the administration of requirements of the bill, as amended.

Amendment S-342
This amendment eliminates the General Fund appropriations for one-half of the cost of one Statistician II position within the Department of Labor, Bureau of Labor Standards and instead provides Other Special Revenue Funds allocations for the full cost of the position.

LD 1386 Amendment S-204 fiscal note
LD 1386 Amendment S-342 fiscal note
LD 1410 An Act To Create Paid Family and Medical Leave Benefits Status: Referred to Labor and Housing Committee, Public hearing held, April 19, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1410
This bill establishes a paid family and medical leave benefits program administered by the Department of Labor. The program provides up to 12 weeks of family leave and up to 20 weeks of medical leave to eligible covered individuals. No more than 20 weeks of family leave and medical leave in the aggregate may be taken in a 12-month period. An individual is eligible for leave under the program after working 26 weeks or more for any employer in the 12 months prior to submitting an application or if the individual is self-employed and has elected to be part of the program.

The maximum weekly benefit amount is capped at 100% of the state average weekly wage. The weekly benefit amount is 90% of the portion of the covered individual's average weekly wage that is equal to or less than 50% of the state average weekly wage and 67% of the portion of the covered individual's average weekly wage that is more than 50% of the state average weekly wage.

Covered individuals are required to file claims for benefits in accordance with rules adopted by the department and to provide certification that they qualify for family leave or medical leave.

This bill establishes the Family and Medical Leave Insurance Fund to support the program. The funds for administrative costs and payment of benefits will come from payroll contributions by employees.

The bill requires payroll contributions to begin January 1, 2021, and benefits will be paid out beginning January 1, 2022

LD 1412 An Act To Amend the Laws Governing the Collective Bargaining Rights of Employees of School Management and Leadership Centers Status: Referred to Labor and Housing Committee, Amended by Committee amendment H-494, Enacted, Signed into law June 21, 2019
LD 1412
This bill provides that employees of school management and leadership centers established under the Maine Revised Statutes, Title 20-A, chapter 123 are eligible to participate in the Maine Public Employees Retirement System. It also establishes collective bargaining obligations, duties, liabilities and rights for a school management and leadership center pursuant to the laws governing municipal public employers and includes provisions for the merging of bargaining units of employees of a school administrative unit that also are employed by a school management and leadership center.

Amendment H-494
This amendment specifies that the retirement costs and administrative operating expenses related to the retirement programs for teachers employed by a school management and leadership center are to be paid by that school management and leadership center.

LD 1412 Chaptered Law
LD 1412 Chaptered Law fiscal note
LD 1445 An Act To Provide Debt-free Educational Opportunities for Maine Residents Status: Referred to Innovation, Development, Economic Advancement and Business Committee, Dead, Joint rule 310.3, May 28, 2019
LD 1445
This bill establishes the Debt-free Educational Opportunities for Maine Residents program. The bill requires, beginning in fiscal year 2019-20, the Finance Authority of Maine to provide eligible Maine residents a grant in the amount of the cost of tuition and other expenses related to the cost of attendance at an eligible school, including the cost of room and board, books, supplies and fees, charged to a student enrolled in courses leading to completion of an eligible program of study on at least a part-time basis at a public institution of higher education in the State in which the student is enrolled, less all other gift aid. An eligible program of study means a curriculum leading to a baccalaureate degree, associate degree or certificate. An eligible full-time or part-time student may receive a grant for one academic year and may receive grants for the equivalent of a 4-year baccalaureate program at the eligible school the student is attending.

LD 1451 An Act Providing Labor Unions with Reasonable Access to Current and Newly Hired Public Sector Workers Status: Referred to Labor and Housing Committee, Amended by Committee amendment H-602, Enacted, Signed into law June 19, 2019
LD 1451
This bill makes changes to the laws governing collective bargaining for municipal employees, state employees, judicial employees and employees of the University of Maine System, the Maine Maritime Academy and the Maine Community College System to provide a collective bargaining agent with greater access to employees and employee information for those employees represented by that collective bargaining agent. It also provides a collective bargaining agent with the right to use any government building or facility to conduct meetings with its members, as long as that use does not interfere with governmental operations. The government entity may charge the collective bargaining agent for any additional costs that use may incur.

Amendment H-602
This amendment does the following:
  • 1. It changes the minimum amount of time an employer must allow for a newly hired employee to meet with a bargaining agent from 30 minutes to either 30 minutes or an amount of time agreed upon by all parties;
  • 2. It changes from 10 days to 30 days the amount of time an employer has to provide a bargaining agent with information regarding newly hired employees;
  • 3. It allows an employee to opt out after initial communications with a bargaining agent from any further contact or sharing of that employee's information with a bargaining agent, except for instances when that employee is being provided direct representation by the bargaining agent; and
  • 4. It prohibits a bargaining agent from selling or sharing a nonmember's information except for the purposes of that bargaining agent fulfilling its collective bargaining obligations.


LD 1451 Chaptered Law
LD 1451 Chaptered Law fiscal note
LD 1458 An Act To Protect Taxpayers in the Privatization of State Services Status: Referred to State and Local Government Committee, Work session held, May 8, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1458
This bill creates a process by which a state agency can enter a privatization contract with a nongovernmental entity to perform basic agency services for up to 5 years if a number of criteria are met, including:
  • 1. Wages and benefits for employees of the contractor are comparable to state employees performing the same services;
  • 2. The contractor endeavors to hire agency employees terminated due to the privatization;
  • 3. The agency provides an estimate of its costs in providing the subject services in the most efficient manner;
  • 4. The agency provides support and resources to allow agency employees to submit a competing bid to provide the privatized services;
  • 5. The agency considers as a contract cost any income tax revenue lost to the State as a result of services to be performed out of state under the contract; and
  • 6. The Attorney General performs a review to determine that all of the requirements of the bidding process and privatization contract have been met.


LD 1500 An Act To Improve Workers' Compensation Protection for Injured Workers Whose Employers Have Wrongfully Not Secured Workers' Compensation Insurance Status: Referred to Labor and Housing Committee, Dead, Joint rule 310.3, June 5, 2019
LD 1500
This bill amends the Maine Workers' Compensation Act of 1992 to create protections for injured workers whose employers have not secured workers' compensation insurance in accordance with current law. The bill creates liability for situations when an employee is injured while working for an uninsured subcontractor. In such situations, the prime contractor will be responsible for payment of workers' compensation benefits as if it were the direct employer of the injured employee, unless there is an intermediate subcontractor with workers' compensation insurance coverage, in which case, the intermediate subcontractor is responsible for payment of all benefits due under the Act. These provisions take effect January 1, 2020 and are repealed July 1, 2022.

The bill also amends the laws governing the Employment Rehabilitation Fund. Until July 1, 2022, the fund will be used to pay workers' compensation benefits to injured employees working for illegally uninsured employers when there is no other prime contractor or subcontractor liable for payment of benefits. Until July 1, 2022, the fund will not transfer a portion of its funds to the General Fund and penalties recovered for violations of the Maine Workers' Compensation Act of 1992 will be directed to this fund exclusively, instead of being shared with the Workers' Compensation Board Administrative Fund or the General Fund.

LD 1501 An Act To Change the Law Governing Occupational Disease Claims under the Maine Workers' Compensation Act of 1992 Status: Referred to Labor and Housing Committee, Dead, Joint rule 310.3, May 21, 2019
LD 1501
This bill amends the law governing occupational disease claims under the Maine Workers' Compensation Act of 1992. The bill repeals the chapter in the laws governing workers' compensation entitled "Occupational Disease Law" and:
  • 1. Defines "personal injury" under the laws governing workers' compensation to include any condition or disease contributed to by an employee's occupational cumulative trauma or exposure that arises out of and in the course of employment;
  • 2. Specifies that the employer in whose employment the employee was last injuriously exposed to the occupational trauma or exposure is fully liable for all incapacity resulting from the occupational trauma or exposure, and the date of injury for an occupational cumulative trauma or exposure injury is the date that the employee becomes incapacitated from the occupational cumulative trauma or exposure;
  • 3. Provides a method for calculating the amount of the employee's compensation if, on the date of incapacity resulting from occupational cumulative trauma or exposure, the injured employee no longer works in the same occupation in which the employee worked when the employee incurred the last injurious occupational cumulative trauma or exposure;
  • 4. Specifies that, with respect to a personal injury that involves a condition or disease contributed to by the employee's occupational cumulative trauma or exposure that arises out of and in the course of employment, the employer in whose employment the employee was last injuriously exposed to the occupational trauma or exposure is fully liable for all incapacity resulting from the occupational trauma or exposure; and
  • 5. Establishes that the date of injury for an occupational cumulative trauma or exposure injury is the date that the employee becomes incapacitated from the occupational cumulative trauma or exposure.


LD 1519 An Act Concerning the Establishment of Benefit Corporations Status: Referred to Innovation, Development, Economic Advancement and Business Committee, Enacted, Signed into law June 17, 2019
LD 1519
This bill creates a statutory framework that allows a corporation to elect to become a benefit corporation by explicitly stating in its articles of incorporation that it has a purpose of creating general public benefit and allows such a corporation to state in its articles of incorporation one or more specific public benefit purposes, which are other than maximizing shareholder value. "General public benefit" means a material positive impact on society and the environment, taken as a whole, assessed against a 3rd-party standard, from the business and operations of the benefit corporation. A specific public benefit can be providing goods and services to underserved individuals and communities, the promotion of economic opportunities, protecting the environment, improving human health or other particular benefits to society or the environment.

A benefit corporation may be subject to a benefit enforcement proceeding for failing to pursue or create general public benefit or a specific public benefit as set forth in its articles of incorporation, or for a violation of any obligation, duty or standard of conduct imposed.

A benefit corporation must make its annual benefit report available publicly.

LD 1519 Chaptered Law
LD 1519 Chaptered Law fiscal note

LD 1523 An Act To Ensure the Quality of and Increase Access to Recovery Residences Status: Referred to Health and Human Services Committee, Amended by Committee amendment S-240 and Senate amendment S-345, Enacted, Signed into law July 2, 2019
LD 1523
This bill adds definitions of "person recovering from substance use disorder" and "recovery residence" to the laws governing the substance use disorder programs of the Department of Health and Human Services and directs the department to establish a voluntary certification process for recovery residences. It also directs the Maine State Housing Authority to create a pilot project to provide a short-term rental subsidy to a person recovering from substance use disorder to reside in a certified recovery residence that provides medication-assisted treatment.

This bill also adds "recovery" to "substance use disorder prevention and treatment" in the context of activities and services under the laws addressing alcohol and drug use. The bill also adds an appropriations and allocations section.

Amendment S-240
This amendment, which is the unanimous report of the committee, amends the bill as follows.

  • 1. It makes the definition of "recovery" consistent with the definition of "recovery support services."
  • 2. It allows for a short-term rental subsidy to be provided for a person in recovery so that the rental subsidy may be provided to an administrator of the recovery residence not only the person in recovery directly.
  • 3. It removes the requirement that recovery residences provide medication-assisted treatment as a condition of receiving a short-term rental subsidy and instead requires that the recovery residences must permit medication-assisted treatment.
  • 4. It makes the Maine State Housing Authority's rule-making authority permissive with respect to providing a short-term rental subsidy for a person in recovery.
  • 5. It removes the appropriations and allocations section so that the short-term rental subsidy can be provided within existing budgeted resources.
  • 6. It removes certain provisions that add "recovery" to "substance use disorder prevention and treatment" that have substantive implications beyond the scope of this legislation.
  • 7. It adds an appropriations and allocations section.


Amendment S-345
This amendment removes the appropriations and allocations section.

LD 1523 Chaptered Law
LD 1523 Chaptered Law fiscal note
LD 1543 An Act To Amend the Maine Uniform Building and Energy Code Status: Referred to Criminal Justice and Public Safety Committee, Amended by Committee amendment S-235, Enacted, Signed into law June 19, 2019
LD 1543
This bill amends provisions regarding the Maine Uniform Building and Energy Code by requiring the Technical Building Codes and Standards Board to adopt and maintain an appendix to the Maine Uniform Building and Energy Code that contains energy conservation and efficiency requirements that exceed the requirements in the code, to make the appendix available for voluntary adoption by municipalities and to maintain a list of those municipalities on the board's publicly accessible website.

Amendment S-235
This amendment requires that as the Maine Uniform Building and Energy Code is updated the Technical Building Codes and Standards Board ensure that the appendix continues to exceed the energy conservation and efficiency standards contained in the Maine Uniform Building and Energy Code.

LD 1543 Chaptered Law
LD 1543 Chaptered Law fiscal note
LD 1572 An Act To Enact the Maine Fair Chance Housing Act Status: Referred to Labor and Housing Committee, Work session held, May 15, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1572
This bill establishes the Maine Fair Chance Housing Act, the purpose of which is to ensure that a person is not denied housing based solely on the existence of a history of criminal convictions. This bill prohibits a housing provider from considering an applicant's criminal history until after the housing provider determines that the applicant meets all other qualifications for tenancy.

A person who is aggrieved by a violation of the Maine Fair Chance Housing Act by a housing provider may file a grievance with the Maine Human Rights Commission and, if it is a violation by a private housing provider, may bring a civil action in court.

LD 1611 An Act To Support Universal Health Care Status: Referred to Health Coverage, Insurance and Financial Services Committee, Work session held, May 15, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1611
This bill establishes the Maine Health Plan to provide universal health care coverage to all residents of this State. The bill is modeled on proposed legislation considered in Minnesota.

LD 1639 An Act To Require Comprehensive Responsible Contracting Practices for Public Construction Projects Status: Referred to Labor and Housing Committee, Work session held, May 10, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1639
Part A, for the purpose of ensuring that the work on public construction contracts is performed by responsible, qualified contractors that maintain the capacity, expertise, personnel and other qualifications and resources necessary to successfully perform public contracts in a timely, reliable and cost-effective manner, establishes responsible contractor requirements for publicly funded construction projects that receive state funds. The Part outlines a responsible contractor certification process to be administered by the Department of Administrative and Financial Services, Bureau of General Services. Part A also clarifies that, for the purpose of the law requiring fair minimum rate of wages and benefits on public works contracts, "public works" includes any construction projects funded all or in part with state funds.

Part A also amends the method of determining the prevailing wage and benefits rate paid in the construction industry to require the Department of Labor, Bureau of Labor Standards to ascertain the applicable wage and benefits rates established in collective bargaining agreements in private construction and includes in benefits wages paid to apprentices in apprenticeship programs registered with the department.

Part B requires the Executive Director of the Workers' Compensation Board or the executive director's designee to immediately issue a stop-work order to an employer who fails to procure workers' compensation insurance coverage. It requires the executive director or the executive director's designee to issue a stop-work order to an employer if the executive director or the executive director's designee finds after a hearing that the employer knowingly misrepresented employees as independent contractors or provided false, incomplete or misleading information to an insurance company on the numbers of employees the employer has for the purpose of paying a lower payment.

Part C encourages the State to use project labor agreements for large-scale state-funded construction projects of $10,000,000 or more. A project labor agreement is a prehire collective bargaining agreement with one or more labor unions that establishes the terms and conditions of employment for a specific construction project.

Part D requires an employer with a public works contract with the State of $50,000 or more to provide to all employees who will be on the construction work site a safety training program that uses a curriculum approved by the United States Department of Labor, Occupational Safety and Health Administration and that is at least 10 hours in duration. Flaggers, security workers and certain other employees not considered to be on the work site are exempt from this requirement. A contractor that violates this safety training program requirement may be assessed a fine of up to $2,500 and an additional fine of $100 per employee for each day of noncompliance.

Part E provides that for public works construction contracts that involve funding from the Federal Government the prevailing wage requirements in state law apply unless the prevailing wage requirements that would otherwise apply under the federal Davis-Bacon Act would result in higher total wages under the contract. An exception is provided for funds received under the United States Housing Act of 1937 if the application of a state prevailing wage is expressly preempted by federal law.

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