Representative Sarah Pebworth

LD 101	An Act To Reestablish the Pesticide Notification Registry	Status: Referred to Agriculture, Conservation and Forestry Committee, Dead, Joint rule 310.3, March 12, 2019
LD 101 This bill reestablishes the law, which was repealed by Public Law 2011, chapter 332, governing the development and maintenance of a registry of the properties of residents, lessees and property owners who request that their properties be placed on a registry in order that they receive advance notification of the outdoor application of pesticides near their properties.

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 193	An Act To Fully Fund and Restore State-Municipal Revenue Sharing (Emergency)	Status: Referred to Taxation Committee, both chambers accepted Majority Committee report, Ought to Pass as amended by Committee amendment H-260, adopted Senate amendment S-174 and engrossed, enacted in the House, tabled to Special Appropiations in the Senate, June 5, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 193 This bill restores state-municipal revenue sharing to 5% from 2% 6 months earlier than currently provided in law. Amendment H-260 This amendment incorporates a fiscal note. Amendment S-174 This amendment removes the emergency preamble and emergency clause. LD 193 Amendment H-260 fiscal note LD 193 Amendment S-174 fiscal note

LD 202	An Act To Increase the Required Number of Qualifying Contributions Gubernatorial Candidates Must Obtain To Qualify as Maine Clean Election Act Candidates	Status: Referred to Veterans and Legal Affairs Committee, Dead, Concurrence in Ought Not to Pass, March 26, 2019
LD 202 This bill increases from 3,200 to 6,000 the number of qualifying contributions verified registered voters must make to a gubernatorial candidate for that candidate to be certified as a Maine Clean Election Act candidate.

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 362	Resolve, To Require the Department of Health and Human Services To Submit a State Plan Amendment To Exempt Retirement and Educational Assets from Calculations for Medicaid Eligibility	Status: Referred to Health and Human Services Committee, Work session held, February 28, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 362 This resolve requires the Department of Health and Human Services to prepare and submit a state plan amendment to the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services in order to make a change in Medicaid eligibility requirements for individuals with disabilities under 65 years of age who have dependent children living in the home by disregarding assets held in qualifying retirement and education accounts.

LD 411	Resolve, Directing the Commission on Governmental Ethics and Election Practices To Allow Maine Clean Election Act Funds To Be Used for Election Recounts	Status: Referred to Veterans and Legal Affairs Committee, Dead, Joint rule 310.3, February 14, 2019
LD 411 This bill directs the Commission on Governmental Ethics and Election Practices to amend its rules no later than October 1, 2020 to allow a certified candidate under the Maine Clean Election Act to use money disbursed from the Maine Clean Election Fund for expenses related to an election recount.

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 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 795	RESOLUTION, Proposing an Amendment to the Constitution of Maine To Establish a Right to Food	Status: Referred to Agriculture, Conservation and Forestry Committee, amended by Committee amendment H-430 and House amendment H-541 and engrossed in both chambers, June 17, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 795 This constitutional resolution declares that all individuals have a natural, inherent and unalienable right to acquire, produce, process, prepare, preserve and consume and to barter, trade and purchase the food of their own choosing for their own nourishment, sustenance, bodily health and well-being. Amendment H-430 This amendment, which is the majority report, incorporates a fiscal note. Amendment H-541 This amendment amends the bill by: 1. Removing the word "acquire" from the enumeration of the elements of an individual's right to food and removing the language limiting the exercise of acquisition; 2. Removing language establishing a fundamental right to be free from hunger, starvation and the endangerment of life due to scarcity of or lack of access to food; and 3. Specifying that the right to food does not allow an individual to abuse private property rights or abuse public lands or natural resources in the harvesting of food. LD 795 fiscal note LD 795 Amendment H-430 fiscal note

LD 820

An Act To Prevent Discrimination in Public and Private Insurance Coverage for Pregnant Women in Maine

Status: Referred to Health Coverage, Insurance and Financial Services Committee, Amended by Committee amendment H-210 and Senate amendment S-275, Enacted, Signed into law June 13, 2019

LD 820
This bill requires the Department of Health and Human Services to provide coverage to a MaineCare member for abortion services. The bill provides that abortion services that are not approved Medicaid services must be funded by the State. The bill also directs the Department of Health and Human Services to adopt rules no later than March 1, 2020.

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

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

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

LD 820 Chaptered Law
LD 820 Chaptered Law fiscal note

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

LD 870	An Act To Change the Membership of the Maine Commission on Domestic and Sexual Abuse To Include More Tribal Members	Status: Referred to Judiciary Committee, Enacted, Became law without the Governor's signature June 2, 2019
LD 870 This bill changes the membership of the Maine Commission on Domestic and Sexual Abuse by: 1. Reducing the representation of the statewide coalition of domestic violence projects from 2 members to one member; 2. Reducing the representation of the statewide coalition of sexual assault centers from 2 members to one member; 3. Allowing the member who is a chief of a municipal police department to appoint a designee to serve on the commission; 4. Allowing the member who is a county sheriff to appoint a designee to serve on the commission; 5. Correcting the description of a member from the statewide coordinator of a statewide coalition to end domestic violence to the executive director of a statewide coalition to end domestic violence; 6. Reducing the number of at-large members from 6 to 4; and 7. Adding 4 new members, all of whom are appointed by the Governor, one of whom is an executive director of a tribal coalition against sexual assault and domestic violence, one of whom is chief of a tribal police department or the chief's designee, one of whom is a representative of a tribal court and one of whom is a representative of tribal government. LD 870 Chaptered Law LD 870 Chaptered Law fiscal note

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

LD 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 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 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 1178	An Act To Address the Needs of Children with Intellectual Disabilities and Autism Spectrum Disorder	Status: Referred to Health and Human Services Committee, Enacted in the House as amended by Committee amendment H-410, tabled to Special Appropriations in the Senate June 6, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1178 This bill requires the Department of Health and Human Services to apply for a home and community-based waiver from the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services to provide services to children up to 21 years of age with intellectual disabilities or autism spectrum disorder. Services must be provided according to a care plan process that requires participation by the child's family. The care plan must address safety as the highest priority. The care plan must address the child's developmental, mental health, emotional, social, educational and physical needs in the least restrictive environment. Services must be clinically appropriate, be provided in a location as close to the child's home as possible, be provided in a timely manner and promote early identification and intervention. The department is directed to apply for the waiver no later than January 1, 2020. Upon approval of the waiver, the department is directed to adopt rules within 6 months. The rules are major substantive rules. Amendment H-410 This amendment removes the requirement for the Department of Health and Human Services to request a waiver pursuant to Section 1915(c) of the United States Social Security Act for services to children with intellectual disabilities or autism spectrum disorder and allows the department to apply for any waiver or state plan amendment that would accomplish this purpose. The amendment also adds an appropriations and allocations section. LD 1178 fiscal note LD 1178 Amendment H-410 fiscal note

LD 1186	An Act To Address Electricity Costs of Agricultural Fairs (Emergency)	Status: Referred to Energy, Utilities and Technology Committee, Amended by Committee amendment H-228, Enacted as an emergency measure, Signed into law May 30, 2019
LD 1186 This bill provides that a transmission and distribution utility may not assess a person or entity licensed to hold an agricultural fair a demand charge in connection with electric power or service provided for an agricultural fair. Amendment H-228 This amendment replaces the bill. The amendment establishes a program administered by the Efficiency Maine Trust to help agricultural fairs reduce electricity costs through efficiency and conservation. The program includes outreach and technical assistance to agricultural fairs to identify opportunities to lower electricity costs and enroll agricultural fairs in existing programs offered by the trust as appropriate. The program also provides custom financial incentives to agricultural fairs to implement electric efficiency and conservation measures, including but not limited to measures to reduce peak electricity demand. Funds for the program are set at the total amount paid in demand charges by agricultural fairs in the State during the prior year and are collected from electricity customers by transmission and distribution utilities. The trust is required to report to the Legislature on the program in January 2022 and January 2024, and the program has a sunset date of June 30, 2024. The amendment also directs the Public Utilities Commission to examine rate design and related issues for electricity customers that, like agricultural fairs, have seasonal, limited-duration, concentrated load profiles. It requires the commission to submit a report on its findings and recommendations to the Joint Standing Committee on Energy, Utilities and Technology and authorizes the committee to report out a bill to the Second Regular Session of the 129th Legislature based on the report. LD 1186 Chaptered Law LD 1186 Chaptered Law fiscal note

LD 1187	An Act To Apply the Same Auditing Standards to All Legislative Candidates	Status: Referred to Veterans and Legal Affairs Committee, Enacted in the House as amended by Committee amendment H-313, tabled to Special Appropriations in the Senate May 30, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1187 This bill directs the Commission on Governmental Ethics and Election Practices to conduct random audits of political action committees that are required to file campaign finance reports with the commission and candidates for state office, including candidates for Governor, State Senator, State Representative and presidential elector. The bill directs the commission to adopt rules to implement this requirement. The rules must direct the commission to audit an equal percentage of candidates for state office who are certified as Maine Clean Election Act candidates, candidates for state office who are not certified as Maine Clean Election Act candidates and political action committees. The rules must also establish standard auditing requirements to be applied to each candidate and political action committee. Amendment H-313 This amendment, which is the majority report of the committee, strikes and replaces the bill and title. Under current practice, the Commission on Governmental Ethics and Election Practices uses funding from the Maine Clean Election Fund established in the Maine Revised Statutes, Title 21-A, section 1124 to contract with independent auditors to conduct random post-election audits of 20% of the legislative candidates who are certified as Maine Clean Election Act candidates. The amendment provides an ongoing General Fund appropriation to the Commission on Governmental Ethics and Election Practices to contract with independent auditors to conduct random post-election audits of 20% of legislative candidates who are not certified as Maine Clean Election Act candidates. LD 1187 Amendment H-313 fiscal note

LD 1196	RESOLUTION, Proposing an Amendment to the Constitution of Maine To Implement Ranked-choice Voting	Status: Referred to Veterans and Legal Affairs Committee, Dead, Joint rule 310.3, April 30, 2019
LD 1196 This resolution proposes to amend the Constitution of Maine to require candidates for the political offices of Governor, State Senator and State Representative to be elected by a majority of the votes cast for that office.

LD 1198	An Act To Ensure Transparency and Participation in Maine Water Districts	Status: Referred to Energy, Utilities and Technology Committee, Dead, Concurrence in Ought Not to Pass, May 14, 2019
LD 1198 This bill removes from the laws governing water districts and standard water districts language referencing the appointment of standard district trustees pursuant to standard district charters. It amends the law regarding appointments of trustees to provide that, if sufficient and appropriate nominations for the election of trustees have not occurred, trustees may be appointed.

LD 1231	An Act To Fund Energy Efficiency Programs through a Fee on the Sale of Unregulated Heating Fuels	Status: Referred to Energy, Utilities and Technology Committee, Dead, Concurrence in Ought Not to Pass, June 18, 2019
LD 1231 Starting July 1, 2020, this bill imposes a fee of 1% on the wholesale sale price of heating oil, propane, coal, kerosene and dyed diesel fuel that is intended for residential or commercial heating purposes. The bill requires the revenue raised through the imposition of this fee to be used to provide additional funding for the Heating Fuels Efficiency and Weatherization Fund, which is administered by the Efficiency Maine Trust for the purpose of reducing heating fuel consumption and providing energy efficiency and weatherization products and services to consumers.

LD 1287	An Act To Protect the Penobscot River and Penobscot Bay from Mercury Contamination	Status: Referred to Environment and Natural Resources Committee, Dead, Joint rule 310.3, May 2, 2019
LD 1287 This bill requires dredging in the Penobscot River south of the former HoltraChem Manufacturing Company site in the Town of Orrington and in Penobscot Bay north of the southern tip of Islesboro Island to comply with certain sampling requirements prior to being permitted under the Natural Resources Protection Act.

LD 1319	An Act To Prohibit Employer Disciplinary Action against Firefighters and Emergency Medical Services Persons Responding to an Emergency	Status: Referred to Labor and Housing Committee, Amended by Committee amendment H-282, Enacted, Signed into law June 6, 2019
LD 1319 Current law protects a firefighter from disciplinary action by an employer when the firefighter is absent from work at the beginning of the work day because the firefighter is responding to an emergency. This bill extends the protection to a firefighter who leaves work during regular working hours to respond to an emergency and provides the same protections to an emergency medical services person. The bill revises provisions regarding employer notification regarding absences and employee status as a firefighter or emergency medical services person and removes an employer's ability to designate an employee as essential. Amendment H-282 This amendment restores the ability of an employer to designate an employee as essential, as removed by the bill, but requires the disruption to the business by the employee's absence to be significant and requires the designation to be in writing and signed by both the employee and employer. LD 1319 Chaptered Law LD 1319 Chaptered Law fiscal note

LD 1348

An Act To Authorize Sports Wagering

Status: Referred to Veterans and Legal Affairs Committee, Dead, Joint rule 310.3, May 14, 2019

LD 1348
This bill authorizes the Department of Public Safety, Gambling Control Board to issue licenses to conduct sports wagering, including online sports wagering, to persons or federally recognized Indian tribes licensed to operate casinos, commercial tracks or off-track betting facilities. The board may issue licenses to operate only online sports wagering to federally recognized Indian tribes that are not licensed to operate casinos, commercial tracks or off-track betting facilities.

Under the bill, "sports wagering" is defined as any device or system established for the acceptance of wagers on a sports event by any system or method of wagering. Sports wagering operators may accept wagers on all professional or amateur sports events except high school sports events, other events in which a majority of the participants are minors and competitive video game events. Sports wagering operators may not accept wagers from persons whose identity they cannot verify; persons under 21 years of age; the director, officers and employees of the sports wagering operator and relatives living in the same household as those persons; athletes, coaches, referees and umpires participating in the sports event; other interested persons if the sports event upon which the wager is placed is overseen by the person's league or sports governing body; persons with confidential information that could affect the outcome of the sports event; persons who are on a list of prohibited persons established by the board, including persons who voluntarily request to be prohibited from making sports wagers; and persons who make wagers on behalf of another person.

The bill requires the board to adopt rules regulating the conduct of sports wagering, including rules restricting the types of wagers permitted, establishing the maximum wagers that may be accepted from any one person on a single sports event, regulating the design and minimum security standards for in-person sports wagering lounges located within casino, commercial track or off-track betting facilities and establishing record keeping, reporting and auditing requirements. The bill also requires the board to adopt rules further regulating the conduct of online sports wagering, including rules regulating the servers and other equipment used to conduct sports wagering online, establishing methods for verifying the identity and age of persons placing wagers online and prohibiting the acceptance of wagers from outside the State as required by federal law.

The bill further requires that 1% of net sports wagering income be used for administrative expenses of the board and 24% of net sports wagering income be credited by the Treasurer of State to the Department of Education for essential programs and services for kindergarten to grade 12.

Finally, the bill provides that the laws governing unlawful gambling and games of chance do not apply to sports wagering operators that comply with the laws governing sports wagering.

LD 1426	An Act To Increase Protections for Land Installment Contracts	Status: Referred to Judiciary Committee, Engrossed in both chambers as amended by Committee amendment H-582, Enacted in both chambers June 17, 2019, Governor's action pending, Governor placed on hold, July 2, 2019
LD 1426 This bill expands the definition of "land installment contracts," creates foreclosure procedures for residential land installment contracts that include a 90-day redemption period and removes the right to cure of the purchaser and imposes mortgagee requirements on the foreclosing party. This bill also requires the vendor of a land installment contract to certify that the property meets the warranty of habitability under state law, makes the vendor of a land installment contract a creditor under the Maine Consumer Credit Code and, along with other remedies, makes a violation of the provisions regarding land installment contracts a violation under the Maine Unfair Trade Practices Act. Amendment H-582 This amendment is the majority report of the Joint Standing Committee on Judiciary. It amends the bill to make clear that the parties to a rent-to-own or option-to-buy contract may agree to treat the agreement as a residential lease subject to the rental statutes in the Maine Revised Statutes, Title 14, chapters 709, 710 and 710-A; otherwise the residential properties foreclosure procedures apply. If the contract is treated as a residential lease agreement, the down payment is treated as a security deposit and must be returned when the rental ends. The bill requires vendors who engage in land installment contracts to be treated as creditors under the Maine Consumer Credit Code. The amendment exempts vendors who engage in no more than one land installment contract per year. LD 1426 Amendment H-582 fiscal note

LD 1472	An Act To Create a Commission To Establish a State Bank	Status: Referred to Health Coverage, Insurance and Financial Services Committee, Dead, Joint rule 310.3, May 14, 2019
LD 1472 This bill establishes the State Bank and Tax Reduction Commission, which is charged with making recommendations and suggesting legislation for a legal and organizational framework for the establishment and oversight of a state-owned bank and tax rate reduction policy.

LD 1529

An Act Concerning Nondisclosure Agreements in Employment

Status: Enacted, recalled from the Governor's desk, committed to Labor and Housing Committee, June 19, 2019, carried over to any regular or special session per Joint Order HP 1322

LD 1529
This bill prohibits employers from requiring agreements that prevent an employee or prospective employee from disclosing or discussing discrimination, including harassment, occurring between employees or between an employer and an employee.

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

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

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

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

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

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

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

LD 1529 Amendment H-448 fiscal note

LD 1530	An Act To Expand Incentives To Live and Work in Maine through a Tax Credit for Certain Student Loans	Status: Referred to Criminal Justice and Public Safety Committee, Dead, Joint rule 310.3, May 28, 2019
LD 1530 This bill provides an income tax credit of up to $1,000 for individuals for certain student loan payments made during the tax year if the individuals were first employed in Maine on or after January 1, 2020. The credit is equal to the lesser of 50% of the loan payments actually made and 50% of income tax liability in the first year in which the credit is claimed declining to 10% of income tax liability in the 5th and final year in which the credit is claimed. The credit may not exceed 50% of the individual's outstanding student loan debt and may not be claimed if the individual claims the credit for educational opportunity.

LD 1632	An Act Regarding Criminal Procedure with Respect to Allowable Defenses	Status: Referred to Criminal Justice and Public Safety Committee, Enacted, Signed into law June 21, 2019
LD 1632 This bill prohibits the use of what is referred to as the "gay and trans panic defense." The bill provides that when considering whether a defendant has an abnormal condition of the mind in determining whether a requisite culpable mental state exists in the defendant, a determination of abnormal condition of the mind may not be based on the defendant's discovery of, knowledge about or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression or sexual orientation, including under circumstances in which the victim made an unwanted nonforcible romantic or sexual advance toward the defendant or under circumstances in which the defendant and victim dated or had a romantic or sexual relationship. The bill excludes from the affirmative defense for murder that the defendant acted on the basis of extreme anger or extreme fear based on provocation by prohibiting the alleged cause of provocation from being solely from the discovery of, knowledge about or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression or sexual orientation, including under circumstances in which the victim made an unwanted nonforcible romantic or sexual advance toward the defendant or under circumstances in which the defendant and victim dated or had a romantic or sexual relationship. The bill provides that a person's discovery of, knowledge about or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression or sexual orientation, including under circumstances in which the victim made an unwanted nonforcible romantic or sexual advance toward the defendant or under circumstances in which the defendant and victim dated or had a romantic or sexual relationship, may not be used as the sole justification for the use of force against the victim. LD 1632 Chaptered Law LD 1632 Chaptered Law fiscal note

LD 1335	An Act To Require the Department of Transportation To Place Official Business Directional Signs at Certain Intersections	Status: Referred to Transportation Committee, Dead, Joint rule 310.3, April 11, 2019
LD 1335 This bill directs the Department of Transportation to place 3 official business directional signs directing persons to a retail establishment engaged in the business of selling ice cream in the Town of Surry.