Lawmakers enact bills on lighters, lead, lending

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AUGUSTA – Children’s health was high on the agenda during Maine’s 2008 legislative session, but the year also saw action to protect homeowners hurt by predatory lenders, victims of human traffickers and people who miss work to care for sick siblings.

Maine’s highway system and those who use it were also a priority, as lawmakers required driver’s license applicants to show proof of residence, approved the borrowing of $160 million for bridge repairs and replacements and cleared newly developed retractable studded tires for use year-round on the state’s roads.

Lawmakers staved off a $190 million revenue shortfall by passing a budget that calls for big reductions in state aid to local schools and human services, without raising sales or income taxes.

But some fees will rise. At state campgrounds, sites will cost $16.05 instead of $15 a night. Beer, wine and soda taxes will rise at the distributor level as part of a change in the funding mechanism to keep Maine’s Dirigo Health program running.

Meanwhile, minimum wage earners will get a raise from the current $7 an hour to $7.50 over a two-year period.

House Speaker Glenn Cummings saw the session as “history-making” on several fronts. After numerous tries in the past, lawmakers authorized a unified building code that will give contractors a single set of standards to follow rather than rules that vary from town to town.

New incentives are aimed at keeping downtowns vibrant and encouraging the reuse of existing buildings through a historic preservation tax credit. Cummings, D-Portland, sponsored what he sees as a groundbreaking law that makes way for collective bargaining between the state and its 2,200 child care providers.

Rep. Stan Gerzofsky calls a prison consolidation measure that passed with bipartisan support the biggest corrections bill to pass in three decades. Not only does it treat Maine’s 15 county jails and state prisons as a unified system, but it also will also save tens of millions of dollars through new efficiencies and cap the portion of property taxes that go to prison costs, said Gerzofsky, who worked on it as co-chairman of the Criminal Justice and Public Safety Committee.

Hoping to protect children from the effects of secondhand smoke, lawmakers made it illegal to smoke in cars in which children under 16 are present, making Maine one of few states to do so. The law will authorize $50 fines, but for the first year only warnings will be issued.

Maine becomes the first state to outlaw the sale of cigarette lighters that are attractive to children because they come in the shapes of cartoon characters, toys and animals. Novelty lighters have been blamed for fire deaths and injuries to children elsewhere.

A new law allows early license reinstatements if drivers with repeat drunken driving records install and use interlock devices, which prevent a vehicle from starting unless the operator provides a breath sample. It also increases license suspensions for drunken driving.

Responding to criticism that took on political overtones, lawmakers passed a measure requiring Maine’s driver’s license or state ID applicants to show documentation that they live in Maine. And in response to federal demands, they also voted to require lawful presence in the United States to get a license.

Purchases of guns by youths will be more closely regulated under a law that will bar sales of firearms to 16- and 17-year-olds unless the sale is from a parent, foster parent or guardian or the young buyer gets permission from one of those. The first offense could bring a $500 fine. A law aimed at protecting children’s health will require manufacturers to disclose the most dangerous chemicals used in consumer products they make, while another bill bans lead in toys and children’s products. Another bill allows money from the state’s lead paint fund to be spent for lead inspection and enforcement.

On the environmental front, truckers will not be allowed to let their vehicles idle for more than five minutes when the temperature is above freezing, under a bill to conserve energy and promote cleaner air.

New greenhouse gas emission standards will be set for coal gasification facilities. The same law puts a moratorium in place on building any new coal gasification facilities until the standards are developed.

A dispute over plans to reintroduce alewives to the St. Croix River ended with the governor’s signature on a bill calling for opening only the Woodland dam on the lower part of the river, scaling back an original plan. The regulatory process for wind farms was streamlined.

In consumer issues, homeowners facing foreclosure get new protections from predatory lenders. The law targets practices such as purchasing titles for far less than fair market value, then creating contract provisions that make it impossible to repurchase the property.

People who buy phone cards will be assured of getting all of the minutes they signed up for at the time of purchase. Sudden, unannounced loss of minutes because of rate hikes will be outlawed.

Maine joins more than two dozen states that protect reporters from having to reveal confidential sources. Maine also will report teacher certification denials and rejections to a national clearinghouse to help flag sex offenders who move state-to-state.

Awaiting final funding review was a bill entitling consumers to cash refunds on gift card balances of $5 or less.

Maine’s family medical leave law will be expanded to cover employees who must take time off from work to care for a sick brother or sister. It currently covers workers who must care for a sick child, spouse, parent or domestic partner.

Hospitals will be prohibited from charging patients to correct their medical errors.

A new law sets forth a process for Maine’s possible withdrawal from ISO New England. Gov. John Baldacci opposes Maine’s membership in the regional energy transmission organization, saying the state’s consumers pay more than their fair share of regional power rates.

A tobacco lozenge product known as hard snuff becomes legal again after the repeal of a ban enacted last year.

Some laws get tougher on criminals. Maine was in line to become the latest state to curb the forced transfer of people for prostitution, factory work and other forms of forced labor. A bill that awaited final funding review would establish the crimes of causing involuntary servitude and human trafficking.

It will be harder for thieves to cash in on metal they steal from homes, businesses and construction sites. A new law requires scrap metal processors to pay sellers only with checks and maintain a paper trail to those they pay. Sellers must also sign statements that the metal is not stolen.

Baldacci also signed a bill to create a specialty license plate to strengthen breast cancer support services. It will cost $20 in addition to the regular motor vehicle registration fee.

Most bills take effect 90 days after the close of the session, but some took effect immediately upon the governor’s signature and others have specific effective dates.