Maine gets texting ban, health insurance overhaul

AUGUSTA, Maine (AP) — Maine's first Republican-led Legislature in decades did as it promised as it rolled back business regulations, and after years of trying made major changes in health insurance laws during the six-month 2011 session. Lawmakers also are leaving their imprint on Mainers' lives in other ways.

A summary of legislation passed during the 2011 legislative session:

STATE REGULATIONS

—Streamlined permitting, business assistance office in the Department of Economic and Community Development, trimmed environmental protection board part of "red tape" deregulation

—Students can work more hours during school year

—Legal to store lobster traps on docks

—Work-share program avoids need for layoffs

—Requirements under the federal Real ID law trimmed

—Eased restrictions on construction under sand dune law

—Eased law requiring studies before big-box developments are built

HEALTH & SAFETY

—Health insurance overhaul creates high risk pool, allows smaller companies to band together to get better rates, levies $4 fees to pay for risk pool

—Chemical bisphenol A to be phased out, declared priority chemical

—Expanded abuse protections for adults who are 60 or older

TRANSPORTATION

—Drivers face $100 minimum fines for texting

—Improved oversight of Maine Turnpike finances

—New rules for a vehicle to be considered abandoned

HONORING MAINERS

—March 30 designated as Vietnam War Remembrance Day

—Gold Star Family license plates honor those who've died for their country

—Annual proclamations make March 16 Gov. William King Day in honor of the first Maine governor

OUTDOORS

—Five-year benchmarks set to rebuild deer population

—Game wardens get more leeway to stop ATVs on private property

—Regulations set for wolf hybrid kennels

TASTY TREATS

—Whoopie pies become state treat, wild blueberry pie new official state dessert

—Maine wineries can charge for samples

—Food and beverage industry taste-testing event license created for manufacturers and wholesalers of alcoholic beverages

Motorists will face $100 fines for text messaging. Teenagers will be allowed to work more hours during the school year. Older people will get broadened protections from abuse. Mainers will pay added fees for health insurance.

All-terrain vehicle users will have to be more sensitive to private property owners' rights. And lobstermen can feel more comfortable about stacking their traps on docks. And who can forget about new honors for the beloved whoopie pie?

Overall, lawmakers' action put business in better standing, said Maine Chamber of Commerce President Dana Connors, who said action was taken in priority areas of health care costs, taxes and balancing environmental and business concerns in state regulations.

A package of tax cuts totaling $150 million are included in a two-year state budget that awaits votes this week by the House and Senate. The budget, which has unanimous support of the Appropriations Committee, also includes pension changes designed to drive down long-term state debt and new limits on welfare benefits.

"I would score this session positively. I would give it good marks, high, positive marks," said Connors. He also credits lawmakers for sounding "the right tone and cord," especially on regulatory changes.

Environmentalists, who braced for a beating when the session opened, sounded as if they hadn't lost much ground.

Early in the session, environmentalists had identified 50 "bad bills," many of which attacked regulations they believed protect the air and water, said Pete Didisheim, advocacy director for the Natural Resources Council of Maine. By the end, 44 had been either rejected or changed so they were palatable to them.

"Overall, we're pleased with the outcome of the session," said Didisheim.

Most of the laws passed during the January-June session that's now drawing to a close will take effect 90 days after the close of the session. Some took effect immediately, and others, like the health insurance law, kick in on various dates.

Thousands of Mainers will be affected by the law designed to lower health insurance costs and cover more Mainers through a series of market changes. The law allows smaller companies to band together to get better rates. It also adds a $4 charge to the monthly premium of every Mainer with private coverage. The fees will pay for a new high risk pool that will cover Mainers with high health care expenses.

After a vague 2-year-old "distracted driving" law failed to do its job, lawmakers passed a law aimed directly at texting behind the wheel. It sets minimum fines at $100 for violators.

Maine's regulatory climate will have a different feel, something businesses have been clamoring for. A law formulated after a series of "red tape" hearings establishes an environmental self-audit program, strengthens business assistance efforts, streamlines permitting, and trims the size of the Board of Environmental Protection from 10 to seven. LePage planned to sign the bill Monday.

A poster child for over-regulation — a rule that barred lobstermen from storing their traps on docks — got the heave-ho with passage of a law that bars state agencies from prohibiting or regulating the storage of lobster traps, buoys, lines and bait bags on docks.

A compromise bill eases the impact of the state's 3-year-old safer chemical policy by trimming a list of more than 1,700 chemicals of concern and creating a new list of up to 70 chemicals of "high" concern. It also exempts some product components from regulation.

Still, lawmakers pleased environmentalists by making the use of the chemical bisphenol A, or BPA, illegal in baby bottles, sippy cups and other reusable food and beverage containers.

Lawmakers sent to Gov. Paul LePage a bill to repeal the state's pesticide registry, an online system in which residents can request advance notification of the application of pesticides.

LePage has signed into law a bill that eases restrictions on construction by a state sand dune law, allowing a southern Maine hotel expansion to go forward. And Maine law requiring studies before big-box developments can be built is eased by an enacted bill allowing municipalities to opt in to Maine's Informed Growth Act law.

Lawmakers shoved aside roadblocks to dredging that had to be done in the Kennebec River in order for the Navy to take delivery of the Bath Iron Works-built USS Spruance.

Small businesses and high school students will get more leeway on work schedules thanks to enactment of a law allowing students to work as many as 24 hours rather than the 20 per week under current law. It also increases from four to six the number of hours students can work on school days. In school, students will have to study civics and government in order to get a high school diploma.

A new law creates a work-share program that provides employers an alternative to layoffs during an economic downturn. They can reduce hours for employees and make the workers eligible to collect a limited amount of unemployment insurance as a stop gap.

In social services, adults who are 60 or older, and those who are incapacitated or dependent, will be able to seek protection from abuse order if they are abused by an extended family member or an unpaid care provider. Now, the law only applies to family members or dating partners.

Mainers' privacy will gain a little more protection by a law that repeals some requirements of the Real ID security act.

Outdoors, ATV users will have to make sure they're acting within the law when they venture onto private property. A game warden may stop an ATV on private land without a "reasonable and articulable" suspicion to believe a violation of the law has taken place, meaning some ATVers who might have gotten away with an infraction before won't any more.

Professional boxing could see rejuvenation in Maine if a bill sent to LePage is signed. It would expand Maine's Mixed Martial Arts Authority so it can oversee boxing as well.

A bill to bolster Maine's deer population makes the conservation and protection of deer wintering areas a priority in Land for Maine's Future acquisitions, requires the state game department to set five-year benchmarks for deer population goals and establishes a Predator Control and Deer Habitat Fund.

A new law will set regulations for wolf hybrid kennels.

Operations at the Maine Turnpike Authority will be overhauled by a law resulting from a scandal over expense improprieties. The new requires the turnpike to retain an outside compliance auditor, maintain a system for ongoing internal auditing of the authority's books and accounts and make available a detailed budget of expenditures.

Veterans will be honored by a law designating March 30 of each year as Vietnam War Remembrance Day, and Gold Star Family license plates are authorized as a tribute to those who have given their life in service to their country.

Annual proclamations making March 16 Gov. William King Day in honor of the first governor of Maine are required by a new law.

Maine wineries will now be able to charge for samples.

And a new law makes whoopie pies the state treat, not the official state dessert as initially proposed. Instead, lawmakers designated blueberry pie — made with wild Maine blueberries — as the official state dessert.

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Comments

dlaurels's picture
verified

Both Republicans and Democrats

With few exceptions (e.g. health insurance changes), it has taken both Republicans and Democrats to pass this year's legislation. That is why I have always thought it was wrong to blame the party in control for all legislative action. That is just not the way it is.

Claire2323's picture
verified

Time will tell

Our new health care plan is based on a $4 tax to cover all the policies of the chronically ill and a lot of wishful thinking that insurance companies will fall all over themselves to offer cheap insurance now that they are competing. If wishes come true Republicans will have something to gloat about however if the predicted catastrophes to seniors, almost seniors, rural dwellers and the chronically ill occur then future legislatures will have to do some rewriting of our health care laws and we will most likely end up with a more expensive plan than we have now and then Republicans will have to come up with some kind of spin to blame somebody else. My guess is they will blame the sick folks for being sick.

Xavier90's picture
verified

Lies used to their advantage

I do love how the GOP and Governor LePage are pointing to the health insurance bill as a huge success for them. This bill was handed to them by the MHPC, so how does allowing outsiders to write law turn into a success? The GOP did it with lies, repeatedly, over and over they told us our insurance rates are the 2nd highest in the country. Did any of them ever back that claim up with firm numbers? Where did they get that? How old are those claims? Turns out those numbers come from a half decade ago. Turns out that it was that way, long long ago, before Maine's insurance regulations began working to slow down the huge yearly increases in policy holders monthly rates. If you look at current numbers, you would find that we are much more in line, our increases have slowed, and we are lower than neighboring states. Maines rates are among the lowest in the Northeast for singles, couples and families. Why aren't those facts told??? Because the insurance reform law that Maine is enacting was written by the insurance industry, they don't want us to know the truth!

rdarluv's picture
verified

If you're going to complain

If you're going to complain about the GOP not backing up their data with facts then throw your own "data" around, should you also be held accountable for any and all facts supporting your claims??

Xavier90's picture
verified

here you go

This is really the only definitive table out there, showing state by state numbers for health insurance premiums.

http://www.ncsl.org/Default.aspx?TabId=14514

rdarluv's picture
verified

Based on that chart, if

Based on that chart, if you're looking at it from an "employee" perspective we are right about average, BUT if you look at it from a "business expense" point of view we are indeed at the very high end of the scale.......you have to remember, health care costs are not simply what an employee pays. LePage is looking for ways to bring new business to Maine (and therefore jobs) so it stands to reason he will be looking at the total cost, not just the working man's cost.

Xavier90's picture
verified

Mark, I suggest you look

Mark, I suggest you look closer at the tables and the numbers. In the extreme left hand column is "Premium distributions for private sector employees" one table is for singles, the next for families, and the final one for couples (employee plus one) that left hand column is the total paid, if you look across at the next two columns, employee contribution and then employer cost, those last 2 add up to the first column. So what it's showing you is first the total average paid to the insurance company, then the amount paid by the employee then the amount paid by the company.
For example, on the second table for family coverage. Maine's average total cost for 2009 was $13,522 for the year. that's 14th on the list and lower than MASS, CT, NY, NH, VT, NJ and RI among others.
The 4th table, the very last one, is the overall average which includes individual policy holders, but as it explains it is not a complete statistic since not all premiums are reported, and it has not been updated beyond 2006 numbers.
By examining the numbers, what you'll find is that if you go back to 2004, Maine was much higher in relation to other states, but from 2004 to 2009 Maine has held it's annual increases below what the rest of the country, especially the northeast has been seeing. In other words, the health insurance regulations in effect under Baldacci were working even though we were limited in the state to very few insurance providers.
The impression that Maine's health insurance premiums are top 2 in the country are just wrong, the lePage administration has been pushing those incorrect numbers either out of ignorance of the facts or they are lying. Much like the false impression that we are the highest taxed state in the country, it's false and the people who use that statement as fact are either ignorant or lying.

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