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Robert Foley photograph

Senator Robert Foley [Republican]
York ~ District 34

Towns in District: Acton, Kennebunk, Lebanon, North Berwick, Wells and part of Berwick

Would be term limited: 2026
Campaign funding in 2018 Election: Traditional

Senate Committees:
♦ Committee on Senatorial Vote

Joint Committees:
♦ Environment and Natural Resources
♦ Health Coverage, Insurance and Financial Affairs

✉ Robert.Foley@legislature.maine.gov
☎ (207) 287-1505

✉ 57 Shady Lane
Wells, Maine 04090


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In the 128th legislative session, Senator Foley served in the House of Representatives; scorecard scores are for bills scored for the House and histograms are relative to other House members during the 128th session.

OrganizationScore
Maine People's Alliance, Will of the Voters9%
Maine People's Alliance, 201833%
Maine Conservation Voters, 20186 of 8
Maine Conservation Voters, 20175 of 7
AFL-CIO, 201720%
Planned Parenthood Maine Action Fund, 201725%

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 graph Maine Conservation Voters graph AFL-CIO graph Planned Parenthood Maine Action Fund graph
LD 2 An Act To Increase from $25,000 to $50,000 the Minimum Amount Motor Vehicle Liability Insurance Policies Must Cover for Damage to Property Status: Referred to Health Coverage, Insurance and Financial Services Committee, Dead, Joint rule 310.3, February 7, 2019
LD 2
This bill increases from $25,000 to $50,000 the minimum amount motor vehicle liability insurance policies must cover for damage to property in order for the policies to be accepted as proof of financial responsibility to drive, including for vehicles used exclusively to transport passengers for hire between points within the State and seating no more than 3 passengers behind the driver and for rental trucks with a registered gross weight of 26,000 pounds or less, rented or leased for fewer than 30 days. It also amends the law regarding satisfied judgments to increase to $50,000 the amount that must be credited on a judgment for injury to or destruction of property of others as a result of one accident rendered in excess of that amount.

LD 251 An Act To Amend the Maine Condominium Act by Extending the Lien Period for Nonpayment of Assessments Status: Referred to Judiciary Committee, Enacted, Signed into law March 14, 2019
LD 251
This bill extends the lien period for nonpayment of assessments under the Maine Condominium Act from 5 years to 6 years.

LD 251 Chaptered Law
LD 251 Chaptered Law fiscal note
LD 260 An Act To Permit Disability Insurance To Be Offered through the Surplus Lines Market Status: Referred to Health Coverage, Insurance and Financial Services Committee, Amended by Committee amendment S-7, Enacted as an emergency measure, Signed into law April 5, 2019
LD 260
This bill permits disability insurance to be offered through the surplus lines market in excess of policy limits available from an admitted insurer.

Amendment S-7
This amendment removes the restriction in the bill that would have limited the offer of disability insurance to only the excess of policy limits available from an admitted insurer. The amendment would allow a licensed producer to place disability insurance through the surplus lines market if coverage is not available from an admitted insurer.

LD 260 Chaptered Law
LD 260 Chaptered Law fiscal note
LD 366 An Act To Protect Elderly Persons from Financial Abuse Status: Referred to Health Coverage, Insurance and Financial Services Committee, Work session held, May 7, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 366
This bill is a concept draft pursuant to Joint Rule 208.

This bill proposes to protect elderly persons from financial scamming and abuse.

LD 367 An Act To Amend the Definition of "Insurer" under the Maine Guaranteed Access Reinsurance Association Act (By request) Status: Referred to Health Coverage, Insurance and Financial Services Committee, Dead, Joint rule 310.3, February 5, 2019
LD 367
This bill removes multiple-employer welfare arrangements from the definition of "insurer" under the Maine Guaranteed Access Reinsurance Association Act.

LD 368 An Act To Redefine Geographic Association for Multiple-employer Welfare Arrangements Status: Referred to Health Coverage, Insurance and Financial Services Committee, Amended by Committee amendment S-49, Enacted, Signed into law May 8, 2019
LD 368
This bill replaces the requirement that a multiple-employer welfare arrangement based on geographic association must be established by an association with a principal office in a location within a 40-mile radius of the principal place of business of eligible employers with a requirement that the arrangement must be established by an association with a principal office located in the State.

Amendment S-49
This amendment replaces the bill. The amendment repeals the provision authorizing a multiple-employer welfare arrangement based on geographic association and removes cross-references to that provision. The amendment authorizes a multiple-employer welfare arrangement by an association with employer members representing multiple trades, industries or professions. The amendment also restores the ability of the Superintendent of Insurance to authorize a separate community rate for fully insured association health plans for multiple employers.

LD 368 Chaptered Law
LD 368 Chaptered Law fiscal note
LD 1086 An Act To Promote the Goals of the Low-emission Vehicle Program by Requiring That New Vehicle Purchases for the State Fleet Be Composed of a Minimum Percentage of Zero-emission Vehicles Status: Referred to State and Local Government Committee, Dead, Joint rule 310.3, May 7, 2019
LD 1086
This bill promotes the goals of the State's low-emission vehicle program by requiring the Department of Administrative and Financial Services, Bureau of General Services, Central Fleet Management Division to ensure that not less than 15% of the vehicles purchased for the state fleet are zero-emission vehicles. Zero-emission vehicles include battery electric vehicles, plug-in hybrid electric vehicles and fuel cell vehicles. This bill requires a 5% increase each fiscal year in the number of zero-emission vehicles purchased by the Central Fleet Management Division until 2027-28, when not less than 50% of all vehicle purchases must be zero-emission vehicles.

LD 1175 An Act To Ensure the Timely and Proper Completion of Residential Foreclosures (By request) Status: Referred to Judiciary Committee, Dead, Joint rule 310.3, May 21, 2019
LD 1175
This bill makes changes to the laws governing the adjournment of a public sale of foreclosed premises and where such a sale must be conducted. It provides that for any period of adjournment for the sale of a mortgaged condominium unit, the mortgagee is required to pay the condominium association the regular monthly condominium assessment assessed against the unit for the period between the original sale date and the date of the final sale. It clarifies several aspects of the post-foreclosure sale process regarding the filing of reports of sale and mandates that the report be filed within 45 days of the sale. If a foreclosure sale produces proceeds beyond those payable to the mortgagee, the bill requires the mortgagee to pay the surplus to the mortgagor or other party entitled to it no later than the time of the filing of the report of sale and provides a means for the party entitled to the surplus to obtain a court order for the turnover of the surplus if the mortgagee fails to do so. The bill clarifies that, after the redemption period has expired, but before a sale, a mortgagee may agree with a mortgagor to a reinstatement of the mortgage, and that the mortgagee may, in connection with the reinstatement, waive the foreclosure judgment and restore all parties to the action to the positions that they were in before any foreclosure.

LD 1197 An Act To Amend the Law Prohibiting the Denial by Health Insurers of Referrals by Out-of-network Providers Status: Referred to Health Coverage, Insurance and Financial Services Committee, Amended by Committee amendment S-90, Enacted, Signed into law May 30, 2019
LD 1197
This bill provides that the law that prohibits carriers from denying payment for covered health care services solely on the basis that the referral for services was made by an out-of-network provider applies only to referrals made by out-of-network direct primary care providers. It also allows a carrier to require a direct primary care provider who is not a member of the carrier's provider network and who makes a referral to meet appropriate credentialing standards consistent with other primary care providers participating in the carrier's provider network.

Amendment S-90
This amendment replaces the bill.. The amendment provides that the law that prohibits carriers from denying payment for covered health care services solely on the basis that the referral for services was made by an out-of-network provider applies only to referrals made by out-of-network direct primary care providers. It prohibits a carrier from requiring an enrollee to pay a greater cost-sharing amount than the cost-sharing that would apply to the same service if the service was referred by a participating primary care provider. It also allows a carrier to require a direct primary care provider who is not a member of the carrier's provider network to attest that the provider is a direct primary care provider through a written attestation or copy of the direct primary care agreement with the enrollee.

LD 1197 Chaptered Law
LD 1197 Chaptered Law fiscal note
LD 1329 An Act To Allow Temporary Roadside Memorials for Deceased Victims of Traffic Accidents (By request) Status: Referred to Transportation Committee, Dead, Joint rule 310.3, May 23, 2019
LD 1329
This bill allows, for a period not to exceed 180 days, the placement of a roadside memorial on a public way marking the site of the death of a person and provides penalties for tampering with or the unauthorized removal of a roadside memorial.

LD 1522 An Act To Amend the Laws Regarding Orders of Abandonment for Residential Properties in Foreclosure Status: Referred to Judiciary Committee, Dead, Joint rule 310.3, May 28, 2019
LD 1522
This bill allows a condominium association to act as a party in interest in a judicial foreclosure action to present evidence of abandonment of mortgaged premises and file a motion to determine that the premises are abandoned. This bill also requires a plaintiff prevailing in a foreclosure action against premises that include dwelling units occupied by tenants to pay any rent received from those tenants, after deducting reasonable costs for acting as the landlord, to a condominium association that is a party in interest.

LD 1712 An Act To Amend and Clarify the Maine Uniform Securities Act and To Make a Technical Correction in the Law Concerning Financial Planners Status: Referred to Health Coverage, Insurance and Financial Services Committee, Enacted, Signed into law June 7, 2019
LD 1712
Part A corrects a late fee provision that is currently applied to certain securities filings that are made between 16 and 30 days after the first sale of the securities in the State. This Part applies the late fee to any applicable filing made 16 or more days after the first sale of the securities in the State.

Part B makes a technical correction by repealing a statute enacted in 1985 governing financial planners.

LD 1712 Chaptered Law
LD 1712 Chaptered Law fiscal note
LD 1767 An Act To Increase the Efficiency of Certain Consumer Credit Protection Laws Status: Referred to Health Coverage, Insurance and Financial Services Committee, Work session held, May 29, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1767
Part A of this bill does the following.
  • 1. It clarifies the jurisdiction of the Department of Professional and Financial Regulation, Bureau of Consumer Credit Protection to regulate transactions entered into by mail, telephone or electronic mail or using a creditor's website when the consumer is located in Maine.
  • 2. It establishes that an automobile seller is regularly engaged in credit sales if the seller sells more than 15 cars per year on credit. Currently, a dealer can sell up to 25 cars a year on credit without complying with any disclosure, rate cap or repossession standards.
  • 3. It defines a supervised lender to include a company that purchases and collects on supervised loans, regardless of whether the company maintains an office in this State. Current law already holds in-state companies to this standard.
  • 4. It clarifies confidentiality provisions by referencing an exception currently found in another section of the Maine Consumer Credit Code.
  • 5. It authorizes the Superintendent of Consumer Credit Protection to adjust fees to support the costs of compliance and staff attorney positions with revenues derived from nonbank mortgage companies. It also allows the superintendent to reduce fees by order.
  • 6. It corrects a reference to the Superintendent of Consumer Credit Protection.
  • 7. It specifically provides that the Superintendent of Consumer Credit Protection or the Superintendent of Financial Institutions has the authority, after notice to the licensee and opportunity to be heard, to suspend, revoke or deny renewal of a payroll processor's license.
  • 8. It confirms the ability of the Bureau of Consumer Credit Protection to regulate transmission of digital currencies, such as Bitcoin.
  • 9. It clarifies the definition of "debt buyer" as a regular purchaser of delinquent debt, regardless of whether the delinquent debt has been charged off and removed as an account from the books of the creditor as an asset and treated as a loss or expense.
  • 10. It establishes the Superintendent of Consumer Credit Protection's authority over debt collectors consistent with authority granted the administrator with respect to other license types.
  • 11. It adds to the laws governing debt collectors routine enforcement authority consistent with authority currently applied with respect to consumer lenders and creditors.
  • 12. It adds to the laws governing debt collectors an assurance of discontinuance as an enforcement option consistent with current law applicable to consumer lenders and creditors.

Part B repeals mortgage lending restrictions applicable to nonbank mortgage lenders that have been made unnecessary due to subsequent enhancements to federal mortgage lending laws.

Part C does the following.

  • 1. It permits the use of a nationwide multistate licensing system to process licenses and registrations with respect to general creditors, debt collectors, money transmitters and other entities regulated by the Bureau of Consumer Credit Protection. It also authorizes the use of that system by large, national companies that already use the system for their licenses in other states.
  • 2. It amends a notification date provision in the law to permit the Bureau of Consumer Credit Protection to use the nationwide mortgage licensing system for different business types.

Part D does the following.
  • 1. It repeals language that requires annual reports to the joint standing committee of the Legislature having jurisdiction over insurance and financial services matters.
  • 2. It repeals language that requires a report to the Legislature every 90 days on the activities of the Bureau of Consumer Credit Protection's foreclosure intake, counseling and referral program.
  • 3. It consolidates accounts within the Bureau of Consumer Credit Protection.
  • 4. It repeals language that requires the Bureau of Consumer Credit Protection to report to the Legislature every 6 months on the budgetary aspects of the bureau's foreclosure intake, counseling and referral program.


LD 1776 An Act To Reduce the Membership of the Clean-up and Response Fund Review Board Status: Referred to Environment and Natural Resources Committee, Amended by Committee amendment S-210, Enacted, Signed into law June 17, 2019
LD 1776
This bill reduces the membership of the Clean-up and Response Fund Review Board from 14 to 9 members and amends quorum requirements and the membership of the board's appeals panel.

Amendment S-210
This amendment retains as a member of the Clean-up and Response Fund Review Board the member familiar with oil spill technology, which the bill removes, and instead removes the member representing marine fisheries interests, which the bill retains.

LD 1776 Chaptered Law
LD 1776 Chaptered Law fiscal note
LD 1777 An Act To Add Rivers, Streams and Brooks to the Department of Environmental Protection's Compensation Fee Program Status: Referred to Environment and Natural Resources Committee, Work session held, May 30, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1777
This bill adds rivers, streams and brooks to the list of protected natural resources for which the Department of Environmental Protection may develop a compensation fee program. The bill also removes a statutory requirement that the department, when developing a compensation fee program, consult with the Department of Agriculture, Conservation and Forestry and the Department of Inland Fisheries and Wildlife.

LD 1789 An Act To Restore the Authority of the Board of Environmental Protection (Governor's Bill) Status: Referred to Environment and Natural Resources Committee, Enacted, Signed into law June 17, 2019
LD 1789
This bill amends the responsibilities and duties of the Board of Environmental Protection. The bill:
  • 1. Moves all rulemaking authority of the Department of Environmental Protection to the board;
  • 2. Adds to the board's enforcement responsibilities the duty to approve administrative consent agreements and to advise the commissioner on enforcement priorities and activities and on the adequacy of penalties and enforcement activities; and
  • 3. Includes transition language to provide for the orderly transition of the rulemaking authority and for procedures pending before the department on the effective date of this legislation.


LD 1789 Chaptered Law
LD 1789 Chaptered Law fiscal note
LD 1829 An Act Regarding Insurance Licensees (Governor's Bill) Status: Referred to Health Coverage, Insurance and Financial Services Committee, Amended by Committee amendment S-264, Enacted, Signed into law June 18, 2019
LD 1829
This bill provides a fee of $150 for surplus lines authority. It authorizes the Superintendent of Insurance to cancel the Maine license or authority of a nonresident insurance licensee subject to the Maine Revised Statutes, Title 24-A, chapter 16. Such a cancellation applies to a nonresident licensee only in the event that the licensee's license authority in the licensee's home state is no longer active and the Maine license has been granted on a reciprocal basis. It removes language that prohibits an adjuster seeking to provide adjusting services to an insured for a fee to be paid by the insured from soliciting an adjustment services contract to any person for at least 36 hours after an accident or occurrence as a result of which the person might have a potential claim.

Amendment S-264
This amendment adds a provision authorizing the Joint Standing Committee on Health Coverage, Insurance and Financial Services to report out a bill to the Second Regular Session of the 129th Legislature relating to the law governing the activities of licensed insurance adjusters.

LD 1829 Chaptered Law
LD 1829 Chaptered Law fiscal note
LD 35 An Act To Exempt All Disabled Veterans in Maine from All Income Tax and To Increase Their Homestead Exemption to $50,000 Status: Referred to Taxation Committee, Dead, Joint rule 310.3, May 14, 2019
LD 35
This bill increases the homestead exemption to $50,000 for veterans of the United States Army, Navy, Air Force, Marines or Coast Guard who are receiving disability compensation from the United States Government due to a service-connected disability and provides an income tax deduction for all income of those individuals.

LD 52 An Act To Provide an Affordable and Accessible Health Care System for all Residents of Maine Status: Referred to Health Coverage, Insurance and Financial Services Committee, Dead, Joint rule 310.3, May 23, 2019
LD 52
This bill is a concept draft pursuant to Joint Rule 208.

This bill proposes to establish a health care system in the State that will be simple and efficient for all consumers and providers. The bill proposes to provide all Maine residents with access to an affordable health benefit plan covering essential health benefits. The bill proposes to create the Health Care Trust, which will have authority to determine essential health care benefits, to negotiate with providers, to reimburse providers for the costs of providing care at negotiated rates and to manage the financing mechanisms for the trust. All Maine residents will be eligible to enroll in the trust on a voluntary basis. Those residents currently eligible for MaineCare or other public coverage will be automatically enrolled; MaineCare and other public coverage programs will be replaced by the trust's health care coverage.

The bill proposes to use several funding sources to pay for the costs of the trust and for coverage of all Maine residents enrolled in the trust for coverage, including payroll taxes, transaction taxes and available federal funding.

The Health Care Trust will be administered by a health care administrator and overseen by a board of trustees. In addition, a stakeholder advisory board will provide input and guidance for the trust.

LD 78 An Act To Facilitate Access to the MaineCare Family Planning Benefit Status: Referred to Health and Human Services Committee, Amended by Committee amendment H-132, Enacted, Signed into law June 20, 2019
LD 78
This bill establishes presumptive eligibility for individuals who are likely to qualify for the family planning benefit under the Maine Revised Statutes, Title 22, section 3173-G and requires the Department of Health and Human Services to provide for presumptive eligibility. It requires the department to automatically review an individual's eligibility for the family planning benefit if, upon application, the individual is found ineligible under Title 22, section 3174-G, subsection 1, paragraph A, C, D, E, F, G or H and to enroll the individual if found eligible for the family planning benefit. It requires the department to automatically review an individual's eligibility for the family planning benefit after an individual loses eligibility for the MaineCare pregnancy benefit under Title 22, section 3174-G, subsection 1, paragraph A due to the birth of a child or an increase in income and to enroll the individual, if found eligible, for the family planning benefit. It also requires the department to use a single application form for individuals applying for eligibility for the family planning benefit under Title 22, section 3173-G and under the adult expansion provisions under Title 22, section 3174-G, subsection 1, paragraph H. The bill directs the Department of Health and Human Services to adopt rules to carry out these requirements.

Amendment H-132
This amendment, which is the unanimous report of the committee, removes the requirement that the Department of Health and Human Services automatically review an individual's eligibility for the family planning benefit if the individual is found ineligible under another MaineCare section. It also removes the requirement that the department use a single application form. This amendment clarifies that presumptive eligibility must be implemented in accordance with 42 United States Code, Section 1396r-1, which outlines the timing and other requirements of presumptive eligibility for states.

LD 78 Chaptered Law
LD 78 Chaptered Law fiscal note
LD 248 An Act To Increase the Handling Fee for Beverage Containers Reimbursed to Redemption Centers Status: Referred to Environment and Natural Resources Committee, Amended by Committee amendment S-20 and Senate amendment S-56, Finally passed as an emergency measure, Became law without the Governor's signature, May 21, 2019
LD 248
This bill increases by 2¢ per returned container the reimbursement to the dealer or local redemption center for the cost of handling beverage containers beginning March 1, 2020.

Amendment S-20
This amendment, which is the majority report of the committee, increases the reimbursement to the dealer or local redemption center for the cost of handling beverage containers by one-half cent beginning May 1, 2019 and by an additional one-half cent beginning January 1, 2020. It also adds an emergency preamble and emergency clause and an appropriations and allocations section.

Amendment S-56
This amendment amends Committee Amendment S-20 to:
  • 1. Increase the reimbursement to the dealer or local redemption center for the cost of handling beverage containers by 1/2¢ beginning January 1, 2020;
  • 2. Eliminates a provision reducing by 1/2¢ the reimbursement to the dealer or local redemption center for the cost of handling beverage containers subject to a qualified commingling agreement;
  • 3. Places a moratorium from May 1, 2019 to January 15, 2020 on the issuance by the Department of Environmental Protection of redemption center licenses to redemption centers not licensed prior to May 1, 2019 unless the department determines that a new redemption center is needed to serve an area in which an existing redemption center ceases to operate. This licensing prohibition does not apply to renewal of redemption center licenses issued prior to May 1, 2019; and
  • 4. Direct the Commissioner of Environmental Protection to require each initiator of deposit that has entered into a commingling agreement, and its contracted agent, if any, to no later than July 1, 2019 report to the department the number of beverage containers picked up from each redemption center on each pick-up date in calendar year 2018. Upon receipt of this data, the department shall assess the efficiency and convenience of the beverage container redemption system and develop recommendations to improve efficiencies in the handling and transportation of beverage containers and to ensure convenient collection of beverage containers for consumers. On or before January 15, 2020, the commissioner shall submit a report to the Joint Standing Committee on Environment and Natural Resources detailing the department's findings and recommendations, including any proposed legislation. It authorizes the committee to report out legislation to implement recommendations contained in the report.


LD 248 Chaptered Law
LD 248 Chaptered Law fiscal note
LD 262 An Act To Protect Law Enforcement and Corrections Officers by Creating the Crime of Aggravated Assault on an Officer Status: Referred to Criminal Justice and Public Safety Committee, Dead, Concurrence in Ought Not to Pass, May 14, 2019
LD 262
This bill changes the crime of assault on an officer to include offensive physical contact and creates the crime of aggravated assault on an officer, which includes assaults against law enforcement officers and corrections officers and other corrections personnel and which is modeled on the crime of aggravated assault.

LD 263 An Act To Prohibit Certain Sex Offenders from Establishing Residence in Certain Multiunit Residential Buildings in which Minors Reside Status: Referred to Criminal Justice and Public Safety Committee, Dead, Joint rule 310.3, March 12, 2019
LD 263
This bill prohibits certain convicted sex offenders who were convicted of an offense against a minor under 14 years of age from intentionally or knowingly establishing residence in a dwelling unit of a multiunit residential building in which another dwelling unit that shares the same entryway is occupied by a person under 18 years of age. The bill makes violation of this provision a Class E crime.

LD 264 An Act Regarding the Taking of a Blood Sample from an Operator of a Motor Vehicle Involved in a Fatal Accident Status: Referred to Criminal Justice and Public Safety Committee, Amended by Committee amendment S-118, Enacted, Signed into law June 3, 2019
LD 264
This bill allows an emergency medical services person or law enforcement officer whose training allows that person to draw blood samples to draw a specimen of blood from the operator of a motor vehicle involved in a fatal traffic accident for the purpose of determining the blood-alcohol level or the presence of a drug or drug metabolite. This bill extends to those same persons the current law shielding persons from liability for acts done or omitted in collecting or withdrawing specimens of blood.

Amendment S-118
This amendment changes the title of the bill and strikes and replaces the bill. The amendment makes grammatical changes to clarify the law providing immunity from liability for an act done or omitted in collecting or withdrawing specimens of blood at the request of a law enforcement officer and extends that immunity to an emergency medical services person, a law enforcement officer, an emergency medical service and a law enforcement agency.

LD 264 Chaptered Law
LD 264 Chaptered Law fiscal note
LD 338 An Act To Allow Flexibility in the Deposit Labeling of Metal Returnable Beverage Containers Status: Referred to Environment and Natural Resources Committee, Enacted, Signed into law March 25, 2019
LD 338
Current law requires that returnable metal beverage containers be labeled with the refund value and the word "Maine" or "ME" embossed or stamped on the tops of the containers. This bill allows that information to appear anywhere except on the bottom of the container.

LD 338 Chaptered Law
LD 338 Chaptered Law fiscal note
LD 357 An Act Regarding Court Facilities in York County Status: Referred to Judiciary Committee, Dead, Non-concurrence, June 18, 2019
LD 357
This bill resolves logistical issues created by the construction of a consolidated courthouse for York County in Biddeford. Earlier legislation that authorized construction of the courthouse did not factor in adequate space for the office of the district attorney, a required component of the judicial process. This bill provides for the construction of a building of sufficient size to accommodate the office of the district attorney to be connected to the new courthouse. This bill authorizes the issuance of up to $6,000,000 in Maine Government Facilities Authority securities to construct the building, but the planning and design, a joint project by the judicial branch and York County, will be covered by the existing funding of the courthouse.

The goal of this bill is to make the new building as cost-neutral to the parties as possible. York County will pay the debt service on the bonds and pay annual rent for the land of $1 until the debt service is fully paid, at which time the State will transfer the land and building to York County for $1. In addition, the 3 district court buildings vacated when the new consolidated courthouse opens must be transferred at no cost to York County for its exclusive use.

LD 360 An Act To Increase the Reimbursement to Bottle Redemption Centers (Emergency) Status: Referred to Environment and Natural Resources Committee, Dead, Joint rule 310.3, March 19, 2019
LD 360
This bill increases the reimbursement to the dealer or local redemption center for the cost of handling beverage containers by one cent beginning May 1, 2019 and by an additional one cent beginning January 1, 2020.

LD 391 Resolve, To Establish the Study Committee To Develop a Disposition Plan for Future Surplus State Property in York County (Emergency) Status: Referred to State and Local Government Committee, Dead, Joint rule 310.3, May 7, 2019
LD 391
This resolve establishes the Study Committee To Develop a Disposition Plan for Future Surplus State Property in York County to study and plan the disposition of the 3 district courthouses in York County to be vacated when the courts are consolidated into one building and of associated surplus state property.

LD 426 An Act To Increase the Beverage Container Redemption Reimbursement To Offset Minimum Wage Increases Status: Referred to Environment and Natural Resources Committee, Dead, Joint rule 310.3, March 19, 2019
LD 426
This bill increases by 1/2¢ per returned container the handling costs to be reimbursed to the dealer or local redemption center for the cost of handling beverage containers beginning March 1, 2020.

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 437 An Act To Improve Access to and Affordability of Health Care in Maine Status: Referred to Health Coverage, Insurance and Financial Services Committee, Dead, Joint rule 310.3, May 21, 2019
LD 437
This bill is a concept draft pursuant to Joint Rule 208.

This bill proposes to improve access to and affordability of health care in Maine.

LD 476 Resolve, To Review the Delivery of Services to the Citizens of the State by the Department of Health and Human Services Status: Referred to Health and Human Services Committee, Dead, Joint rule 310.3, April 30, 2019
LD 476
This resolve requires the Commissioner of Health and Human Services, working with health and human services providers in York County and Cumberland County as well as with other stakeholders, to review the programs, services and operations of the Department of Health and Human Services and determine if any of those programs, services and operations can be delivered more efficiently at the county level. The commissioner is required to submit a report to the Joint Standing Committee on Health and Human Services detailing the findings of the review. The committee is authorized to submit legislation based on the report to the Second Regular Session of the 129th Legislature.

LD 483 An Act To Improve the Maine Seed Capital Tax Credit Program Status: Referred to Taxation Committee, Dead, Joint rule 310.3, April 11, 2019
LD 483
This bill increases the total annual aggregate amount of credits that may be issued under the Maine Seed Capital Tax Credit Program from $5,000,000 to $10,000,000, decreases the total aggregate credits that may be authorized for any one business from $5,000,000 to $3,500,000 and requires that eligible businesses that provide a product or service that is sold or rendered predominantly outside the State maintain more than 50% of their employees in positions within the State.

LD 522 An Act To Prohibit the Imposition by Municipalities of General Restrictions on Rents and Rental Properties Status: Referred to Labor and Housing Committee, Dead, Concurrence in Ought Not to Pass, May 2, 2019
LD 522
This bill prohibits towns, cities, plantations, village corporations and counties providing municipal services in the unorganized territory of their county from adopting ordinances regulating the rent that may be charged for a rental property, requiring registration of rental properties or imposing fees specific to rental properties.

LD 524 Resolve, Regarding the Promotion of Composting Status: Referred to Environment and Natural Resources Committee, Dead, Joint rule 310.3, May 7, 2019
LD 524
This resolve requires the Department of Environmental Protection and the Department of Agriculture, Conservation and Forestry to study the feasibility of establishing incentives or mandates to promote composting in the State. The departments are required to submit a joint report of their findings and recommendations, together with any necessary implementing legislation, to the Joint Standing Committee on Agriculture, Conservation and Forestry and the Joint Standing Committee on Environment and Natural Resources, which may submit legislation relating to the report to the Second Regular Session of the 129th Legislature.

LD 550 An Act To Amend the Definition of "Subdivision" in the Laws Governing Planning and Land Use Regulation for Subdivisions and a Provision Excepting the Division of a New or Existing Structure from Those Laws Beginning July 1, 2018 Status: Referred to Environment and Natural Resources Committee, Amended by Committee amendment S-97, Enacted, Signed into law May 30, 2019
LD 550
This bill changes the date by which definitions of "subdivision" that are in municipal ordinances and that conflict with state law must comply with the definition of "subdivision" in state law. It also extends the time municipalities have to register an ordinance with a conflicting definition with the registry of deeds. The bill also removes cross-references to the site location of development laws in an exemption to municipal subdivision review and adds a cross-reference to the law governing municipal site plan review ordinances.

Amendment S-97
This amendment includes a definition for the term "municipal site plan review" as used in an exemption to municipal subdivision review requirements. It also makes the changes to the subdivision law that are included in the bill retroactive to June 30, 2018.

LD 550 Chaptered Law
LD 550 Chaptered Law fiscal note
LD 566 An Act To Protect Vulnerable Adults from Financial Exploitation Status: Referred to Health Coverage, Insurance and Financial Services Committee, Enacted, Signed into law April 2, 2019
LD 566
This bill requires reporting to the Securities Administrator within the Department of Professional and Financial Regulation, Office of Securities and the Department of Health and Human Services by qualified individuals who reasonably believe that financial exploitation of a vulnerable adult may have occurred, may have been attempted or is being attempted. It defines "qualified individual" to mean an agent, an investment adviser representative and a person who serves in a supervisory, compliance or legal capacity for a broker-dealer or investment adviser. The bill also:
  • 1. Authorizes broker-dealers and investment advisers who suspect financial exploitation to delay disbursing funds from a vulnerable adult's account;
  • 2. Authorizes disclosure by qualified individuals to 3rd parties in certain instances in which a vulnerable adult has previously designated the 3rd party;
  • 3. Prohibits disclosure to the 3rd party if the qualified individual suspects the 3rd party of the financial exploitation;
  • 4. Provides immunity from administrative and civil liability for actions taken consistent with the law; and
  • 5. Requires that broker-dealers and investment advisers comply with certain requests for information.


LD 566 Chaptered Law
LD 566 Chaptered Law fiscal note
LD 586 An Act Regarding the Department of Transportation's Use of Sediment Erosion Control Systems Status: Referred to Transportation Committee, Dead, Joint rule 310.3, May 7, 2019
LD 586
This bill requires the Department of Transportation to specify whether a biodegradable or nonbiodegradable sediment erosion control system will be used for a project by the department and requires that nonbiodegradable sediment erosion control systems be removed with 90 days of a project's completion.

LD 593 Resolve, To Stabilize the Behavioral Health Workforce and Avert More Expensive Treatments (Emergency) Status: Referred to Health and Human Services Committee, Enacted in the House as amended by Committee amendment S-143, tabled to Special Appropriations in the Senate June 4, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 593
This resolve provides funding to increase rates by 8% in rule Chapter 101: MaineCare Benefits Manual, Chapter III, Section 65, Behavioral Health Services. The resolve also specifies that the increase in reimbursement rates must be applied to wages and benefits for employees who provide direct care services and not to administrators or managers and that to qualify for the rate increase an agency providing services must demonstrate, to the satisfaction of the Department of Health and Human Services, that an increase in wages and benefits has been granted to employees providing direct care services that equals the amount of the projected increase in reimbursement to be received.

Amendment S-143
This amendment, which is the majority report of the committee, updates the appropriations and allocations section to reflect a more recent estimate of the cost.

Amendment S-161
This amendment removes the emergency preamble and clause and changes the date by which the Department of Health and Human Services must amend its rule.

LD 593 fiscal note
LD 593 Amendment S-143 fiscal note
LD 593 Amendment S-161 fiscal note
LD 594 An Act To Promote Individual Savings Accounts through a Public-Private Partnership Status: Referred to Health Coverage, Insurance and Financial Services Committee, Work session held, March 12, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 594
This bill establishes the Maine Retirement Savings Board and authorizes the board to develop a program to offer individual defined contribution retirement accounts for persons employed in the State who do not have access to a qualified retirement plan through their employers or who are self-employed.

LD 607 An Act To Provide Equitable Taxation for the Food and Beverage Industry Status: Referred to Taxation Committee, Enacted in the House as amended by Committee amendment S-280, tabled to Special Appropriations in the Senate June 14, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 607
This bill allows a deduction from Maine individual and corporate taxable income for the federal tax credit allowed to an employer for the employer's share of federal social security taxes paid on the portion of an employee's tips that cause the employee's wages to exceed $5.15 per hour. Under federal tax law, the credit amount must be subtracted from the taxpayer's otherwise deductible expenses, which increases federal taxable income. Under current Maine law, when an employer takes the credit available under the federal Internal Revenue Code, the employer receives neither a Maine credit nor a return of the federal disallowed deduction for Maine taxable income purposes; such a deduction is allowed from Maine taxable income for the work opportunity credit and empowerment zone employment credit. This bill makes Maine's treatment consistent across the 3 federal credits.

Amendment S-280
This amendment provides the correct references to the federal credit that causes the need for the deductions authorized by the bill and specifies that the deductions apply beginning with the 2019 tax year.

LD 607 Amendment S-280 fiscal note
LD 640 Resolve, To Require a Study of Greenhouse Gas Emissions Reductions from the Proposed Central Maine Power Company Transmission Corridor (Emergency) Status: Referred to Environment and Natural Resources Committee, Dead, Non-concurrence, June 7, 2019
LD 640
This resolve requires the Department of Environmental Protection to review all relevant, verifiable evidence on the total net effect on greenhouse gas emissions from Central Maine Power Company's New England Clean Energy Connect project and submit a report to the Legislature, make the report available to the public and provide a copy of the report to the Massachusetts Department of Public Utilities by June 1, 2019. The resolve prohibits the department from issuing a permit for the project without taking into account the results of the department's review.

Amendment S-82
This amendment, which is the majority report of the committee, replaces the resolve and directs the Department of Environmental Protection to commission a study regarding the potential effect of the New England Clean Energy Connect, or NECEC, project, as proposed by Central Maine Power Company, on total greenhouse gas emissions across all jurisdictions interconnected with electricity generation and distribution systems operated by the Hydro-Quebec company. The findings of the study regarding greenhouse gas emissions effects, with and without construction of the NECEC project, must be presented in relation to a benchmark of reducing greenhouse gas emissions in New England by 3.6 million metric tons per year. The study, which is to be prepared by a consultant that is an independent, nongovernmental organization with expertise in energy and environmental policy and analysis, must be based on a modeling analysis that incorporates appropriate assumptions regarding load growth, fuel costs, variation in dispatch of electricity among electricity markets, rainfall, electricity transmission constraints, addition and retirement of electric generation facilities and technology development.

On or before August 15, 2019, the department is required to submit the final report prepared by the consultant to the Joint Standing Committee on Environment and Natural Resources. The department may not issue a permit, license or other approval relating to the NECEC project until at least 45 days after it submits to the committee the final report prepared by the consultant, except that this 45-day prohibition does not apply if the department fails to submit the final report to the committee on or before August 15, 2019.

Amendment H-345
This amendment removes a requirement in the bill that the Department of Environmental Protection obtain outside funding to complete a study regarding the potential effect of the New England Clean Energy Connect project and instead transfers $150,000 from the Public Utilities Commission Reimbursement Fund within the Public Utilities Commission to the Maine Environmental Protection Fund within the department to fund the cost of the study. The amendment includes a one-time $150,000 allocation in fiscal year 2019-20 to allow for the expenditure of the transferred funds.

LD 640 Amendment S-82 fiscal note
LD 640 Amendment H-345 fiscal note
LD 774 An Act To Protect Maine's Beaches and Shoreline Status: Referred to Environment and Natural Resources Committee, Work session held, April 4, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 774
This bill amends the State's coastal management policies laws to ensure that those policies address the effects of coastal erosion on the State's beaches and shoreline and ensure the health of the State's beaches and shoreline for habitat protection for coastal wildlife species and for protection against storms.

The bill also creates an advisory group on beach management, to be convened by the Commissioner of Environmental Protection for the purpose of developing and recommending objectives, strategies, legislation and other actions to mitigate coastal erosion in the State and to keep beaches healthy for storm protection, habitat protection for coastal wildlife species and for recreational use. The group is directed to review the report titled "Integrated Beach Management Program Working Group Report," dated January 2017 and submitted to the Joint Standing Committee on Environment and Natural Resources in the First Regular Session of the 128th Legislature, update the data and findings contained in that report, if necessary, and review and update the specific recommendations for legislative, regulatory or other actions contained in that report, if necessary. No later than February 15, 2020, the commissioner is required to submit a report to the Joint Standing Committee on Environment and Natural Resources containing the findings and recommendations of the group following its review of the 2017 report, including any proposed legislation necessary to implement those recommendations. After reviewing the report, the committee may report out legislation to implement those recommendations.

LD 797 An Act To Limit Greenhouse Gas Pollution and Effectively Use Maine's Natural Resources Status: Referred to Environment and Natural Resources Committee, Dead, Joint rule 310.3, June 3, 2019
LD 797
This bill provides that by January 1, 2050 the State must reduce net annual greenhouse gas emissions to at least 80% below the 1990 net annual greenhouse gas emissions level. It directs the Department of Environmental Protection to establish interim net annual emissions levels and to monitor and report on gross and net annual greenhouse gas emissions. It directs the department to update the State's climate action plan and evaluate the State's progress toward meeting the reduction levels.

LD 815 An Act To Regulate the Issuance of Short-term, Limited-duration Health Insurance Policies in the State Status: Referred to Health Coverage, Insurance and Financial Services Committee, Dead, Joint rule 310.3, May 14, 2019
LD 815
This bill limits the issuance of short-term, limited-duration individual health insurance policies in this State to policies with a term that is 3 months or less and further restricts an insurer or the insurer's agent or broker from issuing a short-term, limited-duration policy that replaces a prior short-term, limited-duration policy if the combined term of the new policy and all prior successive policies exceeds 3 months in any 12-month period.

The bill also requires that insurers make specific written disclosures related to the terms and benefits of the policies in at least 14-point type, including the types of benefits and consumer protections that are and are not included in the policies.

The requirements of the bill apply to policies issued or renewed in this State on or after January 1, 2020.

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 987 An Act To Provide Autonomy for Health Care Providers To Practice Patient-centered Care by Amending the Laws Governing Medical Exemptions to Immunization Requirements Status: Referred to Education and Cultural Affairs Committee, Dead, Concurrence in Ought Not to Pass, June 5, 2019
LD 987
This bill provides that a medical exemption from immunization for the purposes of attendance at a nursery school, a child care facility, a family child care provider or an elementary, secondary or postsecondary school, or for employees at certain health care facilities, is at the sole discretion of the student's or employee's health care provider. It prohibits the adoption of rules or policies related to medical exemptions, including, but not limited to, rules or policies that establish requirements for medical exemptions and rules or policies requiring the review, acceptance or rejection of medical exemptions. The bill also removes the authority of school boards, the governing boards of private schools and municipalities to have more stringent immunization requirements than state law.

LD 995 An Act To Establish a Student Loan Bill of Rights To License and Regulate Student Loan Servicers Status: Referred to Health Coverage, Insurance and Financial Services Committee, Amended by Committee amendment S-225, Enacted, Signed into law June 20, 2019
LD 995
This bill does the following.
  • 1. It creates a position of student loan ombudsman under the Superintendent of Consumer Credit Protection within the Department of Professional and Financial Regulation, Bureau of Consumer Credit Protection. The student loan ombudsman's duties include: receiving, reviewing and, if possible, resolving complaints from student loan borrowers; compiling and analyzing student loan borrower data; assisting student loan borrowers to understand their rights and responsibilities; providing information to the public, agencies and Legislators regarding concerns of student loan borrowers and making recommendations to resolve them; analyzing and monitoring the development and implementation of other legislation and policies that affect student loan borrowers and recommending necessary changes; reviewing student education loan history for borrowers who consent; disseminating information about the ombudsman's availability to assist others; seek the assistance of financial institutions or the Finance Authority of Maine in the resolution of student loan borrower complaints; and other necessary actions.
  • 2. It requires the superintendent to submit an annual report by January 1st of each year in regard to the effectiveness of the student loan ombudsman and to recommend additional steps necessary to gain regulatory control over licensing and enforcement with respect to student loan servicers.
  • 3. It establishes a licensing procedure for student loan servicers, which includes an investigation of an applicant, along with a license fee and an investigation fee and requires the costs of the investigation to be paid by the licensee or person being investigated.
  • 4. It identifies prohibited acts for student loan servicers, including employing any scheme, device or artifice to defraud or mislead student loan borrowers.
  • 5. It identifies duties of the superintendent in regard to investigations and examinations of student loan servicers.
  • 6. It exempts from the student loan servicer requirements imposed by this legislation most financial institutions licensed by the State, including licensed banks and credit unions, supervised financial organizations, Maine financial institutions and mutual holding companies whose home state is Maine and the Finance Authority of Maine. Those exempt organizations are required to work with the student loan ombudsman to resolve student loan borrower complaints and provide information as requested by the ombudsman.
  • 7. It requires student loan servicers to comply with all applicable federal laws and regulations related to student education loan servicing.
  • 8. It requires the superintendent to adopt routine technical rules necessary to carry out the provisions in this bill.


Amendment S-225
This amendment makes the following changes to the bill.
  • 1. It makes the requirements for the filing of financial statements with an application for licensure as a student loan servicer consistent with licensure requirements for mortgage loan servicers.
  • 2. It clarifies that a license is required for each physical location where a student loan servicer does business.
  • 3. It authorizes the Superintendent of Consumer Credit Protection within the Department of Professional and Financial Regulation, Bureau of Consumer Credit Protection to require student loan servicers to file license applications electronically and to use the nationwide mortgage loan servicer licensing system and registry.
  • 4. It adds a provision authorizing the automatic licensure of student loan servicers under contract with the federal Department of Education.
  • 5. It provides that funding from license and investigation fees for student loan servicers may not be used for purposes other than to cover the costs of administering the Maine Revised Statutes, Title 9-A, Article 14.
  • 6. It replaces language in the bill with language from laws in other states regulating student loan servicing to maintain consistency.
  • 7. It adds an appropriations and allocations section.


LD 995 Chaptered Law
LD 995 Chaptered Law fiscal note
LD 1009 An Act To Provide Protections for Maine Patients Facing Step Therapy Status: Referred to Health Coverage, Insurance and Financial Services Committee, Amended by Committee amendment H-432, Enacted, Signed into law June 13, 2019
LD 1009
This bill requires health insurance carriers to establish a process for prescription drug step therapy exceptions.

Amendment H-432
This amendment conforms the timeline for responding to a request for a step therapy override exception determination with the existing timeline for prior authorization requests. The amendment clarifies the meaning of exigent circumstances and makes clear that a carrier is required to continue to provide access to the prescription drug subject to step therapy protocol during the consideration of a request for a step therapy override exception determination. The amendment also adds a definition of "stable on a prescription drug" and clarifies that the provisions do not prevent a carrier from requiring an enrollee to try an interchangeable biological product. The amendment also changes the allocation of a new section of the statutory provision to avoid a numbering problem.

LD 1009 Chaptered Law
LD 1009 Chaptered Law fiscal note
LD 1013 An Act To Clarify the Disqualification from Unemployment Benefits of a Person Who Is Terminated from Employment for Being Under the Influence of Marijuana Status: Referred to Labor and Housing Committee, Signed into law May 16, 2019
LD 1013
This bill clarifies that an individual whose employment is terminated because of the individual's being under the influence of marijuana while on duty or when reporting to work is disqualified from unemployment benefits, as is currently the case for alcohol and illegal drugs.

Amendment S-71
This amendment removes the provision of the bill that includes being under the influence of marijuana while on duty or when reporting to work, which is the same provision as using illegal drugs, and instead includes marijuana in the current disqualification from unemployment benefits for an individual whose employment is terminated because of intoxication while on duty or when reporting to work or engaging in unauthorized use of alcohol while on duty.

LD 1013 Chaptered Law
LD 1013 Chaptered Law fiscal note
LD 1019 An Act To Increase the Maximum Pension Deduction for State Income Tax Status: Referred to Taxation Committee, Enacted in the House as amended by Committee amendment S-230, tabled to Special Appropriations in the Senate June 10, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1019
This bill eliminates double taxation of certain employee contributions to retirement benefit plans made in other states by exempting from Maine income tax the portion of retirement benefits attributable to the taxpayer's contribution to an employee retirement plan or an individual retirement account that was taxed by another jurisdiction if those benefits are included in federal adjusted gross income.

Amendment S-230
This amendment increases the maximum annual income tax pension deduction amount for nonmilitary retirement pensions from $10,000 to $35,000 over a 5-year period beginning with the 2019 tax year. The $35,000 pension deduction amount that applies after the 2023 tax year is subject to an annual inflation adjustment.

LD 1019 Amendment S-230 fiscal note
LD 1047 An Act To Prohibit Consideration of Naloxone Purchases in Life Insurance Underwriting Status: Referred to Health Coverage, Insurance and Financial Services Committee, Amended by Committee amendment S-106, Enacted, Signed into law June 5, 2019
LD 1047
This bill prohibits a denial or limitation of coverage or an increase in insurance premiums under a life insurance policy based on the fact that an individual has been issued a prescription for naloxone or has purchased naloxone.

Amendment S-106
This amendment is the majority report and replaces the bill. The amendment prohibits a denial or limitation of coverage or an increase in insurance premiums under a life insurance policy based on the fact that an individual has been issued a prescription for naloxone hydrochloride or has purchased naloxone hydrochloride. The amendment also provides an exception to the prohibition when the individual has a demonstrated history of opioid use disorder.

LD 1047 Chaptered Law
LD 1047 Chaptered Law fiscal note
LD 1048 An Act To Encourage Conservation in Determining Natural Gas Rates (By request) Status: Referred to Energy, Utilities and Technology Committee, Dead, Concurrence in Ought Not to Pass, April 16, 2019
LD 1048
This bill requires the Public Utilities Commission, in determining rates and rate structures for natural gas utilities, to consider energy conservation and financial incentives for customers to reduce natural gas consumption.

LD 1060 An Act To Authorize Consumers Located Adjacent to Electric Power Generators To Obtain Power Directly Status: Referred to Energy, Utilities and Technology Committee, Dead, Concurrence in Ought Not to Pass, April 23, 2019
LD 1060
This bill allows an electricity generator to build an interconnection from the generator's facility to a consumer of the electricity located adjacent to the generator without becoming subject to regulation by the Public Utilities Commission as a transmission and distribution utility. The Public Utilities Commission is directed to adopt rules to determine when a consumer is located adjacent to a generator.

LD 1063 An Act To Support the Role of Municipalities in Expanding Broadband Infrastructure Status: Referred to Energy, Utilities and Technology Committee, Amended by Committee amendment H-110, Enacted, Signed into law May 14, 2019
LD 1063
This bill recognizes broadband Internet as a public necessity. It designates a community broadband system or part of that system as a revenue-producing municipal facility. It allows a municipality to construct, maintain and operate a municipal or multimunicipal system composed of infrastructure capable of being utilized by communications service providers for the provision of communications services. The bill prohibits a municipality from providing retail communications services through community broadband systems to nonmunicipal entities. The bill exempts community broadband systems from taxation.

Amendment H-110
This amendment removes the provision in the bill that prohibits a municipality from providing retail communication services through community broadband systems to nonmunicipal entities.

LD 1063 Chaptered Law
LD 1063 Chaptered Law fiscal note
LD 1155 An Act To Protect Patients and the Prudent Layperson Standard Status: Referred to Health Coverage, Insurance and Financial Services Committee, Amended by Committee amendment H-372, Enacted, Signed into law June 7, 2019
LD 1155
This bill establishes a definition of "emergency medical condition" in the law governing utilization review in the Maine Insurance Code and makes clear that the determination of an emergency medical condition relies on the prudent layperson standard regardless of the final diagnosis that is given. The bill also prohibits a carrier from requiring prior authorization for emergency services and requires that utilization review of benefit determinations for emergency services be conducted by a clinical peer, who is a licensed provider in the same or similar specialty as typically manages the medical condition, procedure or treatment under review.

Amendment H-372
This amendment makes several changes to the bill.
  • 1. It removes the reference to inadequately controlled pain and uses the phrase "severe pain" to maintain consistency with the definition used in the federal Patient Protection and Affordable Care Act.
  • 2. It clarifies the definition of "emergency service" so that it applies to services provided in an emergency setting or facility and makes other changes to maintain consistent language within the definition.
  • 3. It removes the reference to prior authorization for emergency services in section 2 of the bill because it is redundant with changes made in section 3.
  • 4. It clarifies that before a carrier denies benefits or reduces payment for an emergency service based on a determination of the absence of an emergency medical condition or a determination that a lower level of care was needed, the carrier's utilization review must be done by a board-certified emergency physician who is licensed in this State and that the review must include a review of the enrollee's medical record related to the emergency medical condition subject to dispute.
  • 5. It provides that any rules adopted by the Department of Professional and Financial Regulation, Bureau of Insurance to amend current rules to conform to changes made in this legislation are routine technical rules.


LD 1155 Chaptered Law
LD 1155 Chaptered Law fiscal note
LD 1162 An Act To Further Expand Drug Price Transparency Status: Referred to Health Coverage, Insurance and Financial Services Committee, Amended by Committee amendment S-252, Enacted, Signed into law June 24, 2019
LD 1162
This bill requires that, if a prescription drug has a wholesale acquisition cost of more than $40 for a course of therapy and there is an increase in the wholesale acquisition cost of that prescription drug of more than 16%, including the proposed increase and the cumulative increases that occurred within the previous two calendar years prior to the current year, the manufacturer of the prescription drug must provide notice to certain registered purchasers.

Under current law the Maine Health Data Organization, referred to as the "organization," is required to collect and report information with regard to the 25 prescription drugs that are the most frequently prescribed in the State, the 25 costliest as determined by the total amount spent on those drugs in the State and the 25 drugs that have the highest year-over-year cost increases in total spending in the State. This bill requires the organization to post online a list of the identified prescription drugs, along with the corresponding wholesale acquisition cost and the percentage of wholesale acquisition cost increase, if applicable, for each identified prescription drug.

The bill directs the organization to develop a plan to collect data from manufacturers that will help explain how prescription drug prices are established. The organization is required to work with other state and national agencies and organizations to determine how to conduct the data collection. The organization is required to submit the plan as well as any recommendations for legislation to the joint standing committee of the Legislature having jurisdiction over judiciary matters by April 1, 2020. That committee may report out legislation to the First or Second Regular Session of the 130th Legislature.

Using the plan developed and reported to the Legislature, starting in 2021 the organization must require the manufacturer of each drug on the list to disclose drug production, research and development costs, marketing and advertising costs and actual costs paid by purchasers. The manufacturer must certify the accuracy of the information and provide it within 60 days after the information is requested by the organization. The organization is authorized to request additional information related to the required information.

The information that the manufacturers are directed to provide to the organization, unless the information is already publicly accessible or available or previously released in the public domain, must be held confidential at the request of the manufacturer. The organization may release information that was previously accessible or available or released in the public domain. The organization may release additional information as long as the information released is not a trade secret. The organization must treat the information as "Level II" information as required by rules that have already been adopted by the organization.

This amendment provides that the manufacturer may voluntarily provide any other information the manufacturer determines relevant to the increase in wholesale acquisition cost, including but not limited to information about all manufacturer-sponsored assistance programs for that drug in the previous year, including the terms of the programs, the total amount of financial assistance provided to residents of the State and the average amount of assistance per resident of the State for whom assistance was provided. This information is not considered confidential and the organization may release it, identifying both the manufacturer and the individual drug.

The organization is required to submit an annual report to the Legislature based on the list of up to 75 drugs and the wholesale acquisition cost information. The organization may include in the report recommendations for increasing prescription drug pricing transparency. Once the organization starts collecting information from manufacturers in 2021, the report must also include at least a summary of the manufacturer information. The organization is required to post the report online.

The bill provides that when a manufacturer violates the reporting requirements, the Board of Directors of the Maine Health Data Organization may impose a fine of not more than $10,000 per day after the deadline for reporting required information. If the manufacturer fails to pay a fine, or if an injunction is necessary, the board may refer the matter to the Attorney General. The Attorney General may bring an action in Superior Court for injunctive relief, enforcement of fines, costs, attorney's fees and any other appropriate remedy.

The legislation does not restrict the legal ability of a prescription drug manufacturer to change prices to the extent permitted under federal law.

Amendment S-252
This amendment replaces the bill. The amendment does the following.

The amendment requires prescription drug manufacturers to report annually to the Maine Health Data Organization no later than January 30, 2020 and annually thereafter, on prescription drug prices when the manufacturer has during the prior calendar year increased the wholesale acquisition cost of a brand-name drug by more than 20% per pricing unit, increased the wholesale acquisition cost of a generic drug that costs at least $10 per pricing unit by more than 20% per pricing unit or introduced a new drug for distribution in this State when the wholesale acquisition cost is greater than the amount that would cause the drug to be considered a specialty drug under the Medicare Part D program.

The amendment also requires prescription drug manufacturers, wholesale drug distributors and pharmacy benefits managers to provide pricing component data per pricing unit of a drug within 60 days of a request by the Maine Health Data Organization. The amendment defines "pricing component data" as data unique to each manufacturer, wholesale drug distributor or pharmacy benefits manager that evidences the cost to make a prescription drug available to consumers and the payments received by each manufacturer, wholesale drug distributor or pharmacy benefits manager to make a prescription drug available to consumers, taking into account any price concessions, and that is measured uniformly among the entities, as determined by rules adopted by the organization.

The amendment provides that reported information is confidential, except that information may be shared in the aggregate and with the Department of Professional and Financial Regulation, Bureau of Insurance for enforcement purposes.

Beginning November 1, 2020 and annually thereafter, the amendment requires the Maine Health Data Organization to produce and post on its publicly accessible website an annual report, including information developed from the notifications and disclosures received from prescription drug manufacturers, wholesale drug distributors and pharmacy benefits managers on trends in the cost of prescription drugs, an analysis of manufacturer prices and price increases, the major components of prescription drug pricing along the supply chain and the impacts on insurance premiums and cost sharing and other information the organization determines is relevant to providing greater consumer awareness of the factors contributing to the cost of prescription drugs in the State.

LD 1162 Chaptered Law
LD 1162 Chaptered Law fiscal note
LD 1170 An Act To Raise the Floor of State Education Funding Status: Referred to Education and Cultural Affairs Committee, Dead, Joint rule 310.3, May 21, 2019
LD 1170
This bill changes the formula for determining the minimum state allocation for a school administrative unit to be the unit's total cost of education, as adjusted, multiplied by 15% or the unit's special education costs, as adjusted, whichever is greater. This bill also guarantees a member municipality a minimum state contribution of 15% of the municipality's total cost of education, as adjusted, and requires the funds to be paid to the school administrative unit and deducted from the municipality's required contribution.

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 1274 An Act To Enact the Health Insurance Consumer Assistance Program Status: Referred to Health Coverage, Insurance and Financial Services Committee, Amended by Committee amendment S-110 and Senate amendment S-338, Enacted, Signed into law July 2, 2019
LD 1274
This bill establishes the Health Insurance Consumer Assistance Program in the Department of Professional and Financial Regulation, Bureau of Insurance to provide support for consumers, including prospective consumers, of health insurance and to health insurance customer assistance programs and health insurance ombudsman programs. Some of the services the new program may provide include assisting with filing complaints and appeals regarding decisions made by a group health plan, health insurance carrier or independent review organization and obtaining health insurance premium tax credits on behalf of consumers. The Superintendent of Insurance is required to contract with a nonprofit, independent health insurance consumer assistance entity that is not an insurer to operate the consumer assistance program, and funding is provided for that requirement.

Amendment S-110
This amendment transfers the responsibility for contracting for the Health Insurance Consumer Assistance Program from the Bureau of Insurance to the Attorney General. The amendment also makes other clarifying changes to the bill.

Amendment S-338
This amendment requires, in fiscal year 2019-20 and fiscal year 2020-21, the State Controller to transfer $200,000 from available balances in the Bureau of Insurance Other Special Revenue Funds account within the Department of Professional and Financial Regulation to the Department of the Attorney General. The amendment also provides an Other Special Revenue Funds allocation to the Department of the Attorney General and makes other technical changes.

LD 1274 Chaptered Law
LD 1274 Chaptered Law fiscal note
LD 1281 Resolve, To Create a Committee To Explore Regional Cooperation for Affordable Health Insurance Status: Referred to Health Coverage, Insurance and Financial Services Committee, Dead, Joint rule 310.3, May 23, 2019
LD 1281
This resolve establishes the Committee To Explore Regional Cooperation for Affordable Health Insurance, which is required to study providing a more affordable health insurance option to middle-income individuals and small businesses, including convening a multistate conference to draft a proposal for a nonprofit health insurance cooperative.

LD 1389 An Act To Address Transparency, Accountability and Oversight of Pharmacy Benefit Managers Status: Referred to Health Coverage, Insurance and Financial Services Committee, Dead, Joint rule 310.3, May 2, 2019
LD 1389
This bill requires that pharmacy benefit managers, which are entities that manage an insurer's prescription drug coverage, be registered by the Department of Health and Human Services. It sets standards for registration including:
  • 1. Allowing the department to revoke, suspend or place on probation a pharmacy benefit manager's registration for fraudulent activities, to protect the safety and interest of a consumer or if the pharmacy benefit manager violates state law;
  • 2. Setting out required pharmacy benefit manager business practices, including:
    • A. Placing a fiduciary duty on the managers with respect to the insurers who are the managers' clients;
    • B. Prohibiting the manager from entering into a contract that prohibits a pharmacy or pharmacist from recommending a lower cost or alternative prescription medication than the medication under a covered person's prescription drug plan;
    • C. Prohibiting the manager from requiring accreditation or certification for a pharmacy inconsistent with, more stringent than or in addition to those required by the Maine Board of Pharmacy and other state and federal authorities;
    • D. Limiting the amount of payment required by a covered person for a prescription drug at the point of sale; and
    • E. Prohibiting conflicts of interest; and
  • 3. Requiring an annual report from a pharmacy benefit manager that details the rebates received by the pharmacy benefit manager from pharmaceutical manufacturers for use of the manufacturers' prescription drugs and the disposition of those rebates.


LD 1431 Resolve, To Support Municipal Recycling Programs (Emergency) Status: Referred to Environment and Natural Resources Committee, Amended by Committee amendment H-237, Finally passed, Signed into law May 30, 2019
LD 1431
This resolve requires the Department of Environmental Protection to develop proposed legislation to establish a new product stewardship program requiring producers of packaging to assist Maine municipalities in managing and financing packaging waste disposal and recycling programs in the State. The proposed legislation is required also to incentivize producers of packaging to design packaging to be recycled or made of recycled content to strengthen the recycling markets. The resolve requires the department to submit the proposed legislation to the Joint Standing Committee on Environment and Natural Resources no later than December 16, 2019.

Amendment H-237
This amendment removes from the resolve the emergency preamble and emergency clause and clarifies the scope of the new packaging stewardship program to be developed by the Department of Environmental Protection under the resolve.

LD 1431 Chaptered Law
LD 1431 Chaptered Law fiscal note
LD 1433 An Act To Protect the Environment and Public Health by Further Reducing Toxic Chemicals in Packaging Status: Referred to Environment and Natural Resources Committee, Amended by Committee amendment H-362, Enacted, Signed into law June 13, 2019
LD 1433
This bill amends the laws regarding the reduction of toxics in packaging to prohibit the sale of food packaging to which phthalates have been intentionally introduced, effective January 1, 2022. It also authorizes the Department of Environmental Protection to by rule prohibit the sale of food packaging to which perfluoroalkyl and polyfluoroalkyl substances, or PFAS, have been intentionally introduced upon a determination by the department that a safer alternative to the intentionally introduced PFAS is available, except that such prohibition may not take effect until January 1, 2022 or 2 years following the department's determination that a safer alternative is available, whichever is later.

The bill provides an exemption from these prohibitions for a manufacturer of a food or beverage product that has annual national sales of all food and beverage products produced by the manufacturer of less than one billion dollars. It also authorizes the department to designate additional chemicals of concern in food packaging; to require manufacturers of food packaging that use such designated chemicals to report regarding its use of the chemical and the availability of safer alternatives; and to prohibit the sale of food packaging to which a designated chemical of concern has been intentionally introduced if safer alternatives are reasonably available, effective and affordable to the consumer.

Amendment H-362
This amendment, which is the majority report of the committee, amends the bill as follows.

  • 1. It clarifies that the sales prohibitions on food packaging containing intentionally introduced perfluoroalkyl and polyfluoroalkyl substances, or PFAS, and phthalates in any amount greater than an incidental presence applies only to sales occurring in the State and clarifies the scope of the exemption to those prohibitions for certain manufacturers of food or beverage products.
  • 2. It provides that any rulemaking by the Department of Environmental Protection to prohibit the sale of food packaging containing intentionally introduced PFAS is major substantive rulemaking and requires the department to adopt by rule such a prohibition upon a determination that a safer alternative to the use of PFAS in a specific application of PFAS to a food package is available.
  • 3. It removes from the bill the provisions authorizing the department to designate by rule additional chemicals of concern in food packaging and instead enacts a new chapter to regulate the use of additional toxic chemicals in food packaging. That new chapter is modeled after the toxic chemicals in children's products law in the Maine Revised Statutes, Title 38, chapter 16-D and incorporates the definitions and criteria from that law into the new chapter, as adapted for application to food packaging.
  • 4. It includes a number of technical changes to the bill as necessary to incorporate the other amendments to the bill described in this summary.


LD 1433 Chaptered Law
LD 1433 Chaptered Law fiscal note
LD 1450 Resolve, To Mitigate the Increasing Waiting List for Services under the MaineCare Section 21 Waiver Program Status: Referred to Health and Human Services Committee, Dead, Joint rule 310.3, May 21, 2019
LD 1450
This resolve establishes a 2-year pilot project to provide housing to adults with intellectual disabilities or autism spectrum disorder who are on the waiting list for home and community-based benefits provided under the Department of Health and Human Services rule Chapter 101: MaineCare Benefits Manual, Chapter II, Section 21. The pilot project must be modeled on a program operated in the Town of Kittery by A House for ME and must provide housing to 2 to 3 residents in each home and, with the assistance of community volunteers, assist those residents in becoming active, contributing members of the community.

LD 1499 An Act To Establish the Maine Prescription Drug Affordability Board Status: Referred to Health Coverage, Insurance and Financial Services Committee, Amended by Committee amendment S-251, Enacted, Signed into law June 24, 2019
LD 1499
This bill creates the Maine Prescription Drug Affordability Board to determine the reasonableness of the costs for certain prescription drug products. The bill requires prescription drug manufacturers to notify the board when the introductory price or proposed price increase for a brand-name or generic drug reaches a specified threshold. The board is directed to review the information submitted by manufacturers to justify the price or increase.

The bill requires the board to have a public process for each prescription drug required to be reviewed based on certain criteria. The board is directed to determine if the cost to the health care system of appropriate utilization of a drug is commensurate with its benefit to the system and whether the drug is affordable to state residents. If the board finds that the cost in the State is not affordable to state health care systems and state residents, the board is authorized to establish a cost or payment rate for the drug to which all state programs, local governments, licensed commercial health plans, including state marketplace plans, licensed pharmacies, wholesalers and distributors must abide. These covered entities are prohibited from paying more for the drugs than the board-established rate.

Amendment S-251
This amendment replaces the bill.

The amendment, as in the bill, establishes the Maine Prescription Drug Affordability Board but removes the provisions that allow rate setting by the board and require the board to determine excess prescription drug costs based upon certain thresholds for prescription drug prices and price increases.

The amendment instead provides that the board determines prescription drug spending targets for public entities, including for specific prescription drugs, based upon a 10-year rolling average of the medical care services component of the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index medical care services index plus a reasonable percentage for inflation and minus a spending target determined by the board for pharmacy savings and in consideration of information received about the public entity's prescription drug spending and information collected by the Maine Health Data Organization. The board makes recommendations on prescription drug spending targets, including spending targets for specific prescription drugs, with input from representatives of those public entities. The recommendations may include establishing a common prescription drug formulary among public payors, purchasing prescription drugs in bulk or through a single purchasing agreement, collaborating with other states and state prescription drug purchasing consortia to purchase prescription drugs in bulk or to jointly negotiate rebates, allowing health insurance carriers providing coverage to small businesses in the State to participate in a public payor prescription drug benefit for a fee, procuring common pharmacy benefit management services and actuarial services, negotiating specific rebates and removing drugs for which a manufacturer does not negotiate a sufficient rebate from a formulary and other methods determined by the board. The board is required to report its prescription drug spending targets and the methods recommended to meet those targets to the Legislature annually.

LD 1499 Chaptered Law
LD 1499 Chaptered Law fiscal note
LD 1527 An Act To Require That Certain Motor Vehicles Be Clear of Snow and Ice When Operated on Public Ways (By request) Status: Referred to Transportation Committee, Dead, Joint rule 310.3, May 23, 2019
LD 1527
This bill prohibits the operation of a motor vehicle at a speed of 40 miles per hour or more on a public way with a load of solid precipitation on the motor vehicle. Failure to clear a motor vehicle is a traffic infraction subject to a $250 fine for a first offense and $500 for a 2nd or subsequent offense. It exempts commercial trucks from the provision.

LD 1616 An Act To Establish the Vaccine Consumer Protection Program Status: Referred to Health and Human Services Committee, Dead, Concurrence in Ought Not to Pass, June 4, 2019
LD 1616
This bill establishes the Vaccine Consumer Protection Program within the Department of Health and Human Services and describes the activities under the program.

LD 1666 An Act To Require Certain Health Care Providers To Provide Patients Detailed Information on the Risks Associated with the Use of Opioid Medications and Schedule II Drugs Status: Referred to Health Coverage, Insurance and Financial Services Committee, Dead, Joint rule 310.3, May 21, 2019
LD 1666
This bill requires a health care provider who is a prescriber of any opioid medication or a medication that is a schedule II drug, before issuing an initial prescription and before issuing a 3rd prescription of an opioid medication or a medication that is a schedule II drug, to inform a patient of the risks of using the medication, the reason the medication is necessary and alternative treatments that may be available. It also requires the health care provider to include a note in the patient's medical record that the health care provider discussed the information with the patient.

LD 1669 RESOLUTION, Proposing an Amendment to the Constitution of Maine To Help Ensure That Direct Initiatives of Legislation Are Compatible with the Constitution of Maine and Statutory Law Status: Referred to Veterans and Legal Affairs Committee, Dead, Concurrence in Ought Not to Pass, June 18, 2019
LD 1669
This resolution proposes to amend the Constitution of Maine to require that a person who requests a petition form for a direct initiative of legislation must submit a written application for a petition form to the office of the Secretary of State, the office of the Governor, the office of the Attorney General and the Legislature. The Secretary of State, the Governor, the Attorney General and the Legislature must review a direct initiative of legislation and determine whether it is compatible with the Constitution of Maine and statutory law. If the Secretary of State, the Governor, the Attorney General or the Legislature determines that the measure is not compatible with the Constitution of Maine or statutory law, the Secretary of State may not furnish or approve petition forms for the direct initiative of legislation.

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