Maine LD 590: An Act To Exempt a Fee for a Paper or Plastic Single-use Carry-out Bag from Tax

LD 590 (subjects: SALES AND USE TAX , EXEMPT ITEMS )

Official bill page at mainelegislature.org: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=590&PID=1456&snum=127


Sponsors | Actions | Bill Text & Amendments | Patterns of Support


Sponsors

Principal Sponsor: Sen. Thomas Saviello of Franklin: (R – District 17) — e-mail

6 Cosponsors:

Actions

Chamber

Action
3/3/2015 Senate Committee on TAXATION
suggested and ordered printed
On motion by Senator McCormick of Kennebec REFERRED to the Committee on TAXATION
Ordered sent down forthwith for concurrence.
3/3/2015 House Bill REFERRED to the Committee on TAXATION.
In concurrence. ORDERED SENT FORTHWITH.
4/7/2015 Senate Report READ and ACCEPTED.

READ ONCE.

Committee Amendment “A” (S-15) READ and ADOPTED.

Under suspension of the Rules, READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment “A” (S-15)
Ordered sent down forthwith for concurrence.
4/9/2015 House CONSENT CALENDAR – FIRST DAY
4/14/2015 House Committee on Bills in the Second Reading Reports no further verbal amendments necessary Representative McLEAN of Gorham, Chair, House of Representatives Report Accepted.
CONSENT CALENDAR – SECOND DAY.
The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment “A” (S-15).
In concurrence. ORDERED SENT FORTHWITH.
4/16/2015 House PASSED TO BE ENACTED.
Sent for concurrence. ORDERED SENT FORTHWITH.
4/21/2015 Senate On motion by Senator SAVIELLO of Franklin TABLED until Later in Today’s Session, pending ENACTMENT, in concurrence.
Emergency -2/3 Elected Required
Unfinished Business
4/23/2015 Senate Taken from the table by the President ProTem
On motion by Senator SAVIELLO of Franklin Under suspension of the Rules RECONSIDER PASSAGE TO BE ENGROSSED As Amended By Committee Amendment “A” (S-15)
On further motion by Same Senator RECONSIDERED ADOPTION of Committee Amendment “A” (S-15).
Subsequently, PASSED TO BE ENGROSSED , in NON-CONCURRENCE.
Ordered sent down forthwith for concurrence.
4/28/2015 House On motion of Representative McCABE of Skowhegan, TABLED pending FURTHER CONSIDERATION.
Later today assigned.
4/28/2015 House Unfinished Business
4/29/2015 House Unfinished Business
4/30/2015 House Unfinished Business
5/5/2015 House Unfinished Business
5/6/2015 House Unfinished Business
5/7/2015 House Unfinished Business
5/12/2015 House Speaker laid before the House
Representative GOODE of Bangor ASKED the Chair to RULE if the Bill was properly before the body.
Subsequently, the Chair RULED the Bill was properly before the body.
Subsequently, the House INSISTED on PASSAGE TO BE ENACTED.
ROLL CALL NO. 67
(Yeas 141 – Nays 0 – Absent 10 – Excused 0)
ORDERED SENT FORTHWITH.
5/13/2015 Senate On motion by Senator MASON of Androscoggin Tabled until Later in Today’s Session, pending FURTHER CONSIDERATION
Unfinished Business
5/14/2015 Senate Taken from the table by the President
On motion by Senator SAVIELLO of Franklin The Senate RECEDED and CONCURRED To ENACTMENT , in concurrence.
5/21/2015 Senate RECALLED From Governor’s Desk pursuant to Joint Order SP 534.
5/21/2015 Senate Under suspension of the Rules On motion by Senator HAMPER of Oxford RECONSIDERED ENACTMENT , in concurrence.
On motion by Senator HAMPER of Oxford PLACED ON THE SPECIAL APPROPRIATIONS TABLE pending ENACTMENT , in concurrence.
5/27/2015 Senate On Motion by Senator HAMPER of Oxford taken from the SPECIAL APPROPRIATIONS TABLE.
PASSED TO BE ENACTED – Emergency -2/3 Elected Required , in concurrence.
6/9/2015 Senate LD 590 In Senate, June 9, 2015, this Bill, having been returned by the Governor, together with objections to the same pursuant to the provisions of the Constitution of the State of Maine, after reconsideration, the Senate proceeded to vote on the question: “Shall this Bill become a law notwithstanding the objections of the Governor?” 35 In Favor and 0 Against, accordingly it was the vote of the Senate that the Bill become law and the VETO was OVERRIDDEN.
6/9/2015 House This Bill, having been returned by the Governor, together with objections to the same pursuant to Article IV, Part Third, Section 2 of the Constitution of the State of Maine, after reconsideration, the House proceeded to vote on the question: “Shall this Bill become a law notwithstanding the objections of the Governor?”
ROLL CALL NO. 194V
102 having voted in the affirmative and 38 in the negative, with 11 being absent, and accordingly it was the vote of the House that the Bill become a law notwithstanding the objections of the Governor, since two-thirds of the members of the House so voted.
In concurrence. ORDERED SENT FORTHWITH.

Bill Text & Amendments

Important Note: The bill text below presents L.D. 590 as originally introduced. L.D. 590 was changed by the legislature through amendment. To understand the impact of this legislation in proper context, be sure to read adopted amendment text, available here: C-A (S-15) .

An Act To Exempt a Fee for a Paper or Plastic Single-use Carry-out Bag from Tax

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

Whereas, paper and plastic single-use carry-out bags are not an inventoried item and are not for sale in a retail establishment; and

Whereas, a municipality in Maine will begin imposing a fee on paper and plastic single-use carry-out bags on April 1, 2015; and

Whereas, the imposition of the sales tax on these bags is burdensome; 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 enacted by the People of the State of Maine as follows:

Sec. 1. 36 MRSA 1752, sub- 14, B, as amended by PL 2011, c. 211, 22, is further amended to read:

B. “Sale price” does not include:

(1) Discounts allowed and taken on sales;

(2) Allowances in cash or by credit made upon the return of merchandise pursuant to warranty;

(3) The price of property returned by customers, when the full price is refunded either in cash or by credit;

(4) The price received for labor or services used in installing or applying or repairing the property sold, if separately charged or stated;

(5) Any amount charged or collected, in lieu of a gratuity or tip, as a specifically stated service charge, when that amount is to be disbursed by a hotel, restaurant or other eating establishment to its employees as wages;

(6) The amount of any tax imposed by the United States on or with respect to retail sales, whether imposed upon the retailer or the consumer, except any manufacturers’, importers’, alcohol or tobacco excise tax;

(7) The cost of transportation from the retailer’s place of business or other point from which shipment is made directly to the purchaser, provided that those charges are separately stated and the transportation occurs by means of common carrier, contract carrier or the United States mail;

(8) The fee imposed by Title 10, section 1169, subsection 11;

(9) The fee imposed by section 4832, subsection 1;

(10) The lead-acid battery deposit imposed by Title 38, section 1604, subsection 2-B;

(11) Any amount charged or collected by a person engaged in the rental of living quarters as a forfeited room deposit or cancellation fee if the prospective occupant of the living quarters cancels the reservation on or before the scheduled date of arrival;

(12) The premium imposed on motor vehicle oil by Title 10, section 1020, subsection 6-A; or

(13) Any amount charged for the disposal of used tires . ; or

(14) Any amount charged for a paper or plastic single-use carry-out bag.

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

SUMMARY

This bill exempts from sales tax any fee placed on a paper or plastic single-use carry-out bag.

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 590 was last updated on 2016-05-12.
The Open Maine Politics website is in a beta release and results should not be taken as definitive. Please visit the official website of the Maine State Legislature for entirely verifiable information.

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