Maine LD 526: Resolve, To Require the Department of Health and Human Services To Request a Waiver To Prohibit the Use of Food Supplement Benefits for the Purchase of Taxable Food Items

LD 526 (subjects: HEALTH AND HUMAN SERVICES DEPT , PROCEDURES )

Official bill page at mainelegislature.org: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=526&PID=1456&snum=127


Sponsors | Actions | Bill Text | Patterns of Support


Sponsors

Principal Sponsor: Sen. Roger Katz of Kennebec: (R – District 15) — e-mail | Facebook

8 Cosponsors:

Actions

Chamber

Action
2/26/2015 Senate Committee on HEALTH AND HUMAN SERVICES
suggested and ordered printed
On motion by Senator Brakey of Androscoggin REFERRED to the Committee on HEALTH AND HUMAN SERVICES
Ordered sent down forthwith for concurrence.
2/26/2015 House Resolve REFERRED to the Committee on HEALTH AND HUMAN SERVICES.
In concurrence. ORDERED SENT FORTHWITH.
6/18/2015 Senate Reports READ
Senator CUSHING of Penobscot moved to ACCEPT the Majority OUGHT TO PASS AS AMENDED Report
On motion by Same Senator Tabled until Later in Today’s Session, pending ACCEPTANCE of the Majority Ought to Pass As Amended Report
6/18/2015 Senate Taken from the table by the President ProTem
On motion by Senator BRAKEY of Androscoggin The Majority Ought to Pass As Amended Report ACCEPTED
Roll Call Ordered Roll Call # 298 30 Yeas – 4 Nays- 1 Excused – 0 Absent PREVAILED
READ ONCE
Committee Amendment “A” (S-298) READ and ADOPTED
Under suspension of the Rules, READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED by Committee Amendment “A” (S-298)
Ordered sent down forthwith for concurrence.
6/19/2015 House Reports READ.
On motion of Representative GATTINE of Westbrook TABLED pending ACCEPTANCE of Either Report.

Later today assigned.
6/19/2015 House Unfinished Business
6/22/2015 House Speaker laid before the House
On motion of Representative GATTINE of Westbrook, the Minority Ought to Pass as Amended Report was ACCEPTED.
ROLL CALL NO. 333
(Yeas 73 – Nays 70 – Absent 8 – Excused 0)
The Resolve was READ ONCE.
Committee Amendment “B” (S-299) was READ and ADOPTED.
Under suspension of the rules, the Resolve was given its SECOND READING without REFERENCE to the Committee on Bills in the Second Reading.
The Resolve was PASSED TO BE ENGROSSED as Amended by Committee Amendment “B” (S-299).
In NON-CONCURRENCE and sent for concurrence.
ORDERED SENT FORTHWITH.
6/22/2015 House Speaker laid before the House
On motion of Representative GATTINE of Westbrook, the Minority Ought to Pass as Amended Report was ACCEPTED.
ROLL CALL NO. 333
(Yeas 73 – Nays 70 – Absent 8 – Excused 0)
The Resolve was READ ONCE.
Committee Amendment “B” (S-299) was READ and ADOPTED.
Under suspension of the rules, the Resolve was given its SECOND READING without REFERENCE to the Committee on Bills in the Second Reading.
The Resolve was PASSED TO BE ENGROSSED as Amended by Committee Amendment “B” (S-299).
In NON-CONCURRENCE and sent for concurrence.
ORDERED SENT FORTHWITH.
6/23/2015 Senate motion by Senator JOHNSON of Lincoln The Senate RECEDE and CONCUR With ACCEPTANCE of the Minority OUGHT TO PASS AS AMENDED Report AND PASSAGE TO BE ENGROSSED AS AMENDED BY Committee Amendment “B” (S-299) FAILED
Roll Call Ordered Roll Call # 328 12 Yeas – 22 Nays- 1 Excused – 0 Absent
On motion by Senator BRAKEY of Androscoggin The Senate INSISTED To ACCEPTANCE of Majority OUGHT TO PASS AS AMENDED Report AND PASSAGE TO BE ENGROSSED AS AMENDED BY Committee Amendment “A” (S-298) , in NON-CONCURRENCE.
Ordered sent down forthwith for concurrence.
6/23/2015 House The House INSISTED on ACCEPTANCE of the Minority Ought to Pass as Amended Report and PASSAGE TO BE ENGROSSED as Amended by Committee Amendment “B” (S-299).
ORDERED SENT FORTHWITH.
Placed in the Legislative Files. (DEAD)

Bill Text

.

Resolve, To Require the Department of Health and Human Services To Request a Waiver To Prohibit the Use of Food Supplement Benefits for the Purchase of Taxable Food Items

Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas, the intent of the federal Supplemental Nutrition Assistance Program, or SNAP, is to provide recipients with the means to purchase food; and

Whereas, under the program as administered by the State in accordance with the requirements established by the United States Department of Agriculture, the use of benefits to purchase all foods, including those with little to no nutritional value, is permitted; and

Whereas, the purchase of unhealthy products is antithetical to the purpose of the program; and

Whereas, the State may prohibit the purchase of foods with little to no nutritional value, which are generally taxable under state law, only through obtaining a waiver from the United States Department of Agriculture, a process that may be time-consuming; and

Whereas, the process should be started quickly so that the ban on the use of SNAP benefits for the purchase of foods with little to no nutritional value may take place as soon as possible; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it

Sec.
1.
Waiver to prohibit use of benefits for taxable food. Resolved: That the Department of Health and Human Services shall request a waiver from the United States Department of Agriculture to permit the State to prohibit the use of benefits under the federal Supplemental Nutrition Assistance Program for the purchase of food items that are otherwise subject to the state sales tax and for bulk purchases of grocery staples that, if purchased in smaller quantities, would be considered prepared food and therefore would be subject to the state sales tax. The department shall request the waiver no later than October 1, 2015; and be it further

Sec.
2.
Rulemaking; notice. Resolved: That, within 60 days of the granting of the waiver by the United States Department of Agriculture under section 1, the Department of Health and Human Services shall amend its rules to prohibit the use of federal Supplemental Nutrition Assistance Program benefits for the purchase of food items that are subject to the state sales tax and for bulk purchases of grocery staples that, if purchased in smaller quantities, would be considered prepared food and therefore would be subject to the state sales tax. The department shall inform retailers in the State participating in the statewide food supplement program pursuant to the Maine Revised Statutes, Title 22, section 3104 of the rule change. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.

summary

This resolve requires the Department of Health and Human Services to request a waiver from the United States Department of Agriculture to allow Maine to prohibit the use of federal Supplemental Nutrition Assistance Program benefits for the purchase of certain food items.

Patterns of Support

Pattern of Cosponsorship by Region:

Pattern of Cosponsorship by Gender:

Pattern of Cosponsorship by Party:

Pattern of Cosponsorship by Campaign Finance Classification:

Note: Maine Clean Elections Act (MCEA) Qualified candidates only accept a small dollar value of initial contributions early in their campaigns, pledge not to accept further campaign contributions from private sources, and receive public funding for their campaigns. MCEA Non-Qualified candidates choose not to obtain public funding and instead are free to accept campaign contributions from individuals, party committees, political action committees and business sources.


This information about LD 526 was last updated on 2016-05-12.
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