| Past Maine State Legislative News
State Legislative activities of 2006 LD
766, An Act To Support the New Century Community Program LD
78, An Act to Fund the Acquisition of Land by the Land for Maine’s
Future Board from the General Fund Work Session Date: Thursday, Januay 5, 2006, Room 228, State House Status: Extension approved Tuesday, January 17, 2006 LD
756, An Act To Authorize a General Fund Bond Issue To Revitalize Downtown
Areas, Support Cultural Tourism and Expand Maine’s Creative Economy Status: Extension approved Tuesday, January 17, 2006 LD
890, An Act to Authorize a General Fund Bond Issue for Certain State
Parks Status: Extension approved Tuesday, January 17, 2006 LD
926, An Act Authorizing a General Fund Bond Issue to Preserve Maine’s
Traditional Working Waterfront and Farming Economies by Ensuring Access
to Working Waterfront and Farmland Status: Extension approved Tuesday, January 17, 2006 LD
1020, An Act to Authorize a General Fund Bond Issue to Stimulate Economic
Growth and Job Creation through Investments in the Maine Economy ($78.9
million) Status: Extension approved Tuesday, January 17, 2006 LD
1297, An Act to Provide Just Compensation for Established Businesses
During Eminent Domain Proceedings Work Session Date: Wednesday, March 1, 2006, 1:00 pm, Room 438 State House LD 1733, Resolve, Authorizing the Commissioner of Administrative and Financial Services to Enter into Long-term Ground Leases of Real Property and to Convey the Stone Buildings, the Administrative Building and the Center Building Formerly Occupied by the Augusta Mental Health Institute Sponsors: Representative Barstow Committee: State and Local Government Summary: This resolve authorizes the Commissioner of Administrative and Financial Services to enter into long-term ground leases of the following sites and to convey the following buildings, subject to surrender to the State upon termination of the ground lease: the Stone Buildings , the Administration Building and the Center Building formerly occupied by the Augusta Mental Health Institute in Augusta . Hearing Date: Wednesday, January 18, 2006, 1:00 pm, Room 216 Cross Building Work Session Date: Tuesday, February 15, 2006, 9:00 am, Room 216 Cross Building Status: Voted, Wednesday, February 15, 2006, Ant. Div. Rep. LD
1807, An Act to Establish a Penobscot Language Preservation Fund in
the Department of Education Status: Passed in House. Placed on the Special Appropriations Table. Amendment: This amendment incorporates a fiscal note. This bill provides ongoing General Fund appropriations of $150,000 beginning in fiscal year 2005-06 for the development of a program to maintain and preserve the Penobscot language. LD 1864, Resolve, Authorizing the Commissioner of Administrative and Financial Services to Sell or Lease the Interests of the State in Certain Real Property Located on State Highway 191 in East Machias; U.S. Route 1 in Thomaston; U.S. Route 2 in Skowhegan; Hospital Street in Augusta ; and the Presumpscot River in Falmouth Sponsors: Representatives Rector, Bowen; Senator Savage Committee: State and Local Government Summary: This resolve authorizes the Commissioner of Administrative and Financial Services to sell or lease the State’s interests in East Machias, Thomaston, Skowhegan, Augusta and Falmouth, with the sale proceeds to be deposited into the Department of Administrative and Financial Services, Bureau of General Services’ capital repair and improvement account for capital improvements as designated by the commissioner and the lease proceeds to be deposited in the General Fund. Hearing Date: Wednesday, January 18, 2006, 1:00 pm, Room 216 Cross Building Work Session Date: Wednesday, January 23, 2006, 2:00 pm, Room 216 Cross Building Status: Passed in the House 3/2/06. House receded and sent Resolve back to S&LG Committee Amendment: This amendment gives the right of first refusal to purchase the parcel of land in Falmouth along the Presumpscot River to the abutting lot owners, of which there are 3. The Commissioner of Administrative and Financial Services has the authority to work with the 3 abutting lot owners to develop an equitable division of property. Fiscal note required (anticipated revenue increase). LD 1870, An Act To Clarify Laws Governing Eminent Domain Sponsors: Representatives Pelletier-Simpson, Fletcher, Joy, Lindell, Makas, Bryant, Cummings, Dunn, Schatz; Senators Turner, Bryant, Hobbins. Committee: Judiciary Summary: This bill is in response to the United States Supreme Court decision in Kelo v. City of New London , 73 USLW 4552 (2005). The bill prohibits the use of eminent domain authority for purposes of private retail, office, commercial, industrial or residential development; primarily for the enhancement of tax revenue; or for transfer to a person, nongovernmental entity, public-private partnership, corporation or other business entity. The restriction does not apply to an area upon a finding of blight under current law governing urban development and community development. The restriction does not apply to utilities. Hearing Date: Thursday, February 16, 2006, 1:00 pm, Room 438 State House Work Session Date: Wednesday, March 1, 2006, 1:00 pm, Room 438 State House Status: Amendment: Amendment not yet posted. LD 1871, Resolve, Authorizing the Commissioner of Administrative and Financial Services To Convey the Department of Labor Building at 19 Union Street in Augusta Sponsors: Representative Barstow Committee: State and Local Government Summary: This resolve authorizes the Commissioner of Administrative and Financial Services to enter into long-term ground leases and to convey the Department of Labor building at 19 Union Street in Augusta , subject to surrender to the State upon termination of the ground lease. Hearing Date: Wednesday, January 18, 2006, 1:00 pm, Room 216 Cross Building Work Session Date: Monday, January 23, 2006, 2:00 pm, Room 438 State House Status: Passed in the House 2/8/06 Amendment: This amendment requires that the building be leased to the State for agency offices and that rent be not more than market rent for comparable office space in the Augusta area. LD 1902, An Act An Act Concerning Energy Conservation in Schools Sponsors: Representative Tuttle. Committee: Education and Cultural Affairs Summary: This bill raises the allowable contract cost for improving school energy conservation or combined energy conservation and air quality improvments from $1,000,000 to $2,000,000. Status: Signed by the Governor March 23, 2006. LD 1904, An Act To Protect Businesses from Unnecessary Eminent Domain Takings Sponsors: Representatives Merrill, Fletcher, Joy, Lindell, Makas, Ash, Carr, Faircloth, Kaelin; Senators Strimling, Turner, Hobbins, Rosen Committee: Judiciary Summary: This bill applies to all takings under the eminent domain authority of the State, any political subdivision or any other entity that has eminent domain power. It requires that the taking be an absolute necessity to carry out the public purpose that is the basis of the taking. This bill also requires the taking of property on which a business is located to be limited to the minimum amount necessary to carry out the public purpose, thus allowing the business to continue. This bill explicitly applies to takings that have not been completed as of its effective date. This bill takes effect when approved. Hearing Date: Thursday, February 16, 2006, 1:00 pm, Room 438 State House Work Session Date: Wednesday, March 1, 2006, 1:00 pm, Room 438 State House Latest Committee Action: WS 3/10,
Tabled LD
1956, An Act to Recapitalize the Maine Downtown Center LD
1960, An Act to Authorize a General Fund Bond Issue to Create a Block
Grant Program to Promote Economic and Cultural Development Status: LD
1968, An Act to Make Supplemental Appropriations and Allocations for
the Expenditures of State Government and To Change Certain Provisions
of the Law Necessary to the Proper Operations of State Government for
the Fiscal Years Ending June 30, 2006 and June 30, 2007 Summary: This bill
is the Governor's supplemental budget, which contains $500,000 for the
New Century Community Program. Status: Signed by the Governor, 3/29/06 LD 1986, Resolve, To Name the New Bridge over the Penobscot River Sponsors: Senators Rosen, Damon, Savage, Weston; Representatives Lindell,
Fisher, McKenney, Muse, Rosen Hearing Date: Tuesday, March 7, 2006, 1:00 pm, Room 126, State House Work Session: Thursday, March 9, 2006, 1:00 pm, Room 126, State House Latest Committee Action: Voted Thursday, March 9, 2006, OTP-AM Committee Report: Not Reported
Out LD 2013, Resolve, Regarding a Monument for Women Veterans of Maine Sponsors: Senators
Mitchell, Gagnon, Martin, Plowman; Representatives Canavan, Bryant-Deschenes,
Moore, Nass, Ott, Patrick Hearing Date: Monday, February 27, 2006, 10:00 am, Room 437 Status: Passed in the Senate. LD 2082, Resolve, Directing the Secretary of State To Establish a Task Force To Develop a Plan for the Maine State Cultural Building in Augusta (emergency) Summary: This resolve directs the Secretary of State to establish a task force to look at the long-term needs of the Maine State Cultural Building, including the possibility of constructing a new building. The task force shall consider the issues of space limitations, mechanical problems, physical deterioration and energy inefficiencies. It shall also seek to develop initiatives that use federal financing opportunities and take advantage of cooperation with the University of Maine System. The task force shall report to the joint standing committee of the Legislature having jurisdiction over state and local government matters by January 15, 2007. Status: 04/03/2006 - FINALLY PASSED - Emergency 2/3 Elected Required in concurrence. Governor's Action: EMERGENCY SIGNED, April 6, 2006. LD
1203, An Act to Amend the Laws Concerning Eminent Domain Status: Voted Ought Not To Pass on March 12, 2006. (DEAD) LD
1775, An Act to Establish a Refundable Historic Rehabilitation Credit
Work Session Date:
Tuesday, February 14, 2006, 1:30 pm, Room 127 State House LD 2079, An Act To Encourage the Preservation of Historic Structures Sponsors: Senator
Gagnon Hearing Date: Monday, February 27, 2006, 10:00 am, Room 437 Status: Unanimous Ought Not To Pass by committee on April 5, 2006. (DEAD) L. D. 1663, An Act To Provide Assistance to Municipalities Regarding Downtown Rehabilitation Building Codes Passed March 23, 2004 - 121st Legislative Session Summary: This bill, as amended, passed on March 23, 2004. This provides the State Planning Office with legislative backing to work with municipalities and regional planning commissions to adopt or improve upon local building codes, including rehabilitation codes. The amended version received the support of the State Planning Office, which would serve as the repository of that information and technical support. It does not directly address the results of the yearlong building codes study reported to the last legislative session, however, it is an important step toward recognizing the challenges in historic building rehab and adaptive use. State Legislative activities of 2002-2003 The First Regular Session of the 121st Maine Legislature convened on Wednesday, December 4, 2002 and adjourned on June 14, 2003. During this session, various committees heard numerous bills related to historic preservation, however, progress on legislative issues like preservation tax credits, rehabilitation building codes and historic bridge protection was not advanced as desired during the First Regular Session. A summary of some of the activity for this session follows: PASSED: LD1069 "Resolve, Directing the Maine Historic Preservation Commission To Examine Available Funding for Local Historical Societies" This resolve directs the Maine Historic Preservation Commission to review and study all available funding sources to fund projects for local historical societies to document and preserve the local histories throughout the State. It was approved and signed by the Governor on May 14, 2003. PASSED: LD50: "Resolve, Requiring that the Waldo-Hancock Bridge be Replaced" This resolve requires the Department of Transportation to replace the Waldo-Hancock Bridge. It received Transportation Committee approval was signed by the Governor on April 15, 2003. DID NOT PASS LD 1151: "An Act Relating to Tax Credits for Historic Preservation" For a number of years, Maine Preservation worked with the Maine Historic Preservation Commission and the Joint Taxation Committee to successfully adopt the state rehab tax credit program – a "piggyback" bill to the same Federal incentive program. Since then, amendments have been drafted to improve the effectiveness of this incentive program by permitting greater participation for rehabilitation of certified historic structures by permitting partnerships and S corporation to allocate the state credit in a different way than the federal credit is allocated. LD1151 also deleted a provision that requires recapture of the credit in the same manner as under the federal credit. Amy Cole Ives, Architectural Historian at the Maine Historic Preservation Commission, worked diligently with an ad-hoc committee of tax and rehab professionals to insure the amendments were appropriate. The bill received high marks by those involved in its drafting, and testimonies at the hearing were impressive. Still, it wound up dead after review by the Taxation Committee. RECENT LEGISLATIVE ACTIVITIES - 120th Congress (2001-2002) Bond Issues: LD1940:
An Act Regarding the Repatriation of Native American
Human Remains LD
2070: An Act to Establish the Community Preservation
Advisory Committee LD
2061: An Act to Encourage Regionalism in Municipal
Growth Management. LD
2099: An Act to Provide Liveable, Affordable Neighborhoods.
LD
2062: An Act to Clarify the Use of Municipal Rate
of Growth Ordinances Maine Downtown Revitalization
Legislation Update: 1999 Local Option Property
Tax Incentive In response to the overwhelming voice of Maine voters in November 1999, the enabling legislation authorizing local option property tax incentives for historic and scenic properties was signed into law by Governor Angus S. King on April 6, 2000. The legislation became effective August 11, 2000, following the close of the 119th Legislature. Maine Preservation served as the lead private-sector advocate for this legislation. When it passed, Maine became the 14th state in the nation to provide this type of local option property tax incentive to stimulate and encourage historic and scenic preservation. So far, York is the only municipality to evoke this tax incentive. This incentive is an important tool for communities to use when developing their comprehensive plans and programs and historic and scenic preservation. It can help communities retain their identities in the face of intown development pressures and exurban sprawl, which places historic properties and scenic vistas at great risk. JOIN IN! Talk about adopting this property tax incentive for historic building owners with YOUR elected and appointed officials. For help, contact the Maine Historic Preservation Commission in Augusta at (207) 287-2132 for assistance in developing your program.
Excerpted from the Fall, 2002 issue of Maine Preservation News.
Lighthouse Legislation In 2002, Secretary of the Interior, Gale Norton, announced plans to consider the transfer of 20 historic lighthouses to new ownership. The transfers are made possible by the 2000 National Historic Lighthouse Preservation Act (NHLPA) that established a program to preserve lighthouses by ceding their ownership to organizations, agencies, or local governments who can act as heir long-term stewards. More than 300 lighthouses could potentially be made available. The Maine Lights Program (1997-1999) was the first of its kind and helped provide the basis for NHLPA. For more information, visit www.doi.gov/lighthouse.
Farm Bill Info Online In 2002, Congress approved a farm bill that included two provisions that will assist preservation activities in agricultural areas. These include the expansion of the Farmland Protection Program's criteria to allow archeological and cultural sites to qualify. Information about this incentive is now available through the a new web page devoted to the farm bill created by the National Resources Conservation Service (NRCS) at the Department of Agriculture. The web page can be accessed on the NRCS website www.nrcs.usda.gov by clicking on the Farm Bill link.
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Advocating for Historic Preservation! In both the public and private forums at the federal, state and local levels, Maine Preservation works hard to support and shape public policy to protect the historic environment. Our efforts are largely grassroots. We rely on our growing membership to keep us informed and to add strength to our voice - whether it be heard in Town Hall, in the halls of the State House, or in Washington, D.C. 
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