May 8, 2019

WEEKLY NOTICES OF STATE RULEMAKING
Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rulemaking. You may obtain a copy of any rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If no hearing is scheduled, you may request one -- the agency may then schedule a hearing, and must do so if 5 or more persons request it. If you are disabled or need special services to attend a hearing, please notify the agency contact person at least 7 days prior to it. Petitions: you can petition an agency to adopt, amend, or repeal any rule; the agency must provide you with petition forms, and must respond to your petition within 60 days. The agency must enter rulemaking if the petition is signed by 150 or more registered voters, and may begin rulemaking if there are fewer. You can also petition the Legislature to review a rule; the Executive Director of the Legislative Council (115 State House Station, Augusta, ME 04333, phone (207) 287-1615) will provide you with the necessary petition forms. The appropriate legislative committee will review a rule upon receipt of a petition from 100 or more registered voters, or from "...any person who may be directly, substantially and adversely affected by the application of a rule..." (Title 5 Section 11112). World-Wide Web: Copies of the weekly notices and the full texts of adopted rule chapters may be found on the internet at: http://www.maine.gov/sos/cec/rules. There is also a list of rulemaking liaisons, who are single points of contact for each agency.

PROPOSALS

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 16, Hunting (16.06, 16.12, 16.13)
PROPOSED RULE NUMBER: 2019-P069
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife is proposing amendments to hunting laws as they apply to submission of tooth and tissue samples when registering a bobcat. Otter and bobcat are governed by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and must be registered and tagged by Department staff. To standardize requirements across species the Department is also proposing that all bobcat harvested by hunting be registered within 10 days. An amendment to furbearing animal possession, transportation and registration requirements will allow someone the ability to gift unregistered coyote pelts to someone else for registration and utilization of the pelt. To  comply with newly enacted legislation, season dates for upland game hunting of certain species has been modified to begin on the last Saturday in September. A complete copy of the proposed rule is available by contacting the rulemaking contact person listed below.
PUBLIC HEARING: Wednesday, May 29, 2019 @ 5:30 p.m., Augusta Armory, Room 209, 179 Western Avenue, Augusta
COMMENT DEADLINE: June 10, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / IFW RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Fax: (207) 287-6395. Email: Becky.Orff@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §§ 10104, 10954, 12301-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
IFW WEBSITE: www.maine.gov/ifw .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 17, Trapping (17.03, 17.06, 17.07)
PROPOSED RULE NUMBER: 2019-P070
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife is proposing changes to trapping rules to include the following: amend the definition of a covered float, extend the beaver trapping season in southern Maine by 15 days, add specified property in Fort Fairfield to the beaver closures in WMD 6, and adjust the muskrat trapping season to coincide with beaver trapping. In an effort to standardize requirements across species the Department is also proposing that all bobcat harvested by hunting and otter taken in beaver traps from January 1 to April 30 be registered by Department staff within 10 days of harvest. A lower canine may be submitted when presenting a bobcat for registration. An amendment to possession of pelts without fur registration tag requirements will allow someone the ability to gift unregistered coyote pelts to someone else for registration and utilization of the pelt. A complete copy of the proposed rule can be obtained from the rulemaking contact person listed below.
PUBLIC HEARING: Wednesday, May 29, 2019 @ 5:30 p.m., Augusta Armory, Room 209B, 179 Western Avenue, Augusta
COMMENT DEADLINE: June 10, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / IFW RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Fax: (207) 287-6395. Email: Becky.Orff@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §§ 10104, 12251
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
IFW WEBSITE: www.maine.gov/ifw .

AGENCY: 15-215 - Maine Department of Defense, Veterans and Emergency Management (DVEM), Bureau of Maine Veterans Services
CHAPTER NUMBER AND TITLE: Ch. 2 (New), Administration of the Veteran’s Emergency Financial Assistance Program
PROPOSED RULE NUMBER: 2019-P071
BRIEF SUMMARY: This proposed rule establishes the process to govern the administration of the Veteran’s Emergency Financial Assistance Program pursuant to Title 37-B MRS §505. The program is administered by the Bureau of Maine Veterans Services for the purposes of offering financial assistance of up to $2,000 annually per veteran to veterans who are residents of the State of Maine and who demonstrate to the Bureau’s satisfaction a financial need due to an emergency as defined in the statute, or who are awaiting notice of a pension award on a valid claim for a veteran’s pension. The proposed rule also outlines the application procedures for the grant, reporting requirements, and procedures to remedy misuse of the funds.
Conditions which would make a veteran eligible for a grant under this fund would include but are not limited to: damage to that veteran’s place of primary residence due to any natural disaster, technological or human caused incident that is not fully compensable by the veteran’s insurance coverage; sudden or sustained illness of the veteran or veteran’s immediate family member that is causing financial hardship; hardship that would result in the veteran becoming homeless, or other emergency needs as determined on a case-by-case basis.
DETAILED SUMMARY: This proposed rule establishes the process to govern the administration of the Veterans Emergency Financial Assistance Program pursuant to Title 37-B MRS §505. The program will assist veterans in need and provide a resource that may have not otherwise been available. The fixed program cost set by the Legislature is currently $250,000 per year. The Bureau or its contracted provider(s) may provide a grant of temporary assistance not to exceed $2,000 annually to a veteran currently a resident of this State who has filed a valid claim for a veteran's pension, pending notification of the award of such a pension, as well as to veterans with emergency needs for assistance as defined in the statute. The proposed rule will help ensure that the State of Maine is assisting the veterans in the appropriate manner and within the guidelines and intent of the law. Conditions which would make a Veteran eligible for a grant under this fund for emergency assistance would include but are not limited to:
a. Damage to that veteran’s place of primary residence due to any fire, flood, hurricane or other natural disaster, or technological or human caused incident that is not fully compensable by the veteran’s insurance coverage;
b. A sudden or sustained illness of the veteran or of the veteran’s immediate family member that is causing financial hardship; or
c. Any financial hardship that in the absence of assistance would result in the veteran becoming homeless.
The Director of the Bureau of Maine Veterans Services may also determine eligibility for temporary financial assistance on a case-by-case basis.
The proposed rule also outlines the application procedure for the grant, reporting requirements and procedures to remedy any misuse of the funds.
PUBLIC HEARING: Thursday, May 30, 2019 - 1 p.m., Augusta Armory, 179 Western Avenue. Augusta, Maine.
COMMENT DEADLINE: June 10, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Darren Henry, Maine Bureau of Veterans Services, Department of Defense, Veterans & Emergency Management, 117 State House Station, Augusta, Maine 04333. Telephone: (207) 430-6037. Fax: (207) 626-4471. TTY: (711) Maine Relay. Email: Darren.Henry@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 37-B MRS §505.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BUREAU WEBSITE: https://www.maine.gov/veterans .
AGENCY RULEMAKING LIAISON: Kevin.Rousseau@Maine.gov .

ADOPTIONS

AGENCY: 94-270 - Commission on Governmental Ethics and Election Practices
CHAPTER NUMBER AND TITLE: Ch. 1, Procedures
ADOPTED RULE NUMBER: 2019-068
CONCISE SUMMARY: The rule amendments clarify procedures for disclosing debts in campaign finance reports and require officials to disclose in their annual income statements a category or type for any gift received, such as transportation or conference fees.
EFFECTIVE DATE: May 7, 2019
AGENCY CONTACT PERSON: Katie Feliciano, Commission Assistant, Commission on Governmental Ethics and Election Practices, 135 State House Station, Augusta, Maine 04333-0135. Telephone: (207) 287-3024. Email: Katie.Feliciano@Maine.gov .
ETHICS WEBSITE: http://www.maine.gov/ethics/ .
ETHICS RULEMAKING LIAISON: Jonathan.Wayne@Maine.gov .

AGENCY: 94-270 - Commission on Governmental Ethics and Election Practices
CHAPTER NUMBER AND TITLE: Ch. 3, Maine Clean Election Act and Related Provisions
ADOPTED RULE NUMBER: 2019-069 (Final adoption, major substantive)
CONCISE SUMMARY: In any election determined by ranked choice voting, candidates could collect and spend primary election contributions until the Secretary of State submits the tabulation of election results to the Governor. Candidates could collect donations for a recount or a court challenge to an election result, consistent with the limits in 21-A MRS §1018-B.
EFFECTIVE DATE: June 1, 2019
AGENCY CONTACT PERSON: Katie Feliciano, Commission Assistant, Commission on Governmental Ethics and Election Practices, 135 State House Station, Augusta, Maine 04333-0135. Telephone: (207) 287-3024. Email: Katie.Feliciano@Maine.gov .
ETHICS WEBSITE: http://www.maine.gov/ethics/ .
ETHICS RULEMAKING LIAISON: Jonathan.Wayne@Maine.gov .

AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 202, Tree Growth Tax Law Valuations – 2019
ADOPTED RULE NUMBER: 2019-070
CONCISE SUMMARY: Maine Revenue Services has repealed and replaced Rule 202 (Tree Growth Tax Law Valuations – 2019). The replaced rule provides updated valuation rates for each forest type by region.
EFFECTIVE DATE: May 11, 2019
AGENCY CONTACT PERSON: Justin Poirier, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-5600. Email: Justin.L.Poirier@Maine.gov .
MRS WEBSITE: http://www.maine.gov/revenue/ .
MRS RULEMAKING LIAISON: John.W.Sagaser@Maine.gov .

AGENCY: 18-553 - Department of Administrative and Financial Service (DAFS), Bureau of Alcoholic Beverages and Lottery Operations (BABLO) / Maine State Liquor and Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 20, Powerball Rules
ADOPTED RULE NUMBER: 2019-071
CONCISE SUMMARY: This amendment updates the existing rules governing the jackpot draw game Powerball. This amendment makes necessary changes to update current ticket cancellation rules, technical changes to clarify language, and fix typographical errors. The changes do not impact the way the game is played by consumers or sold by lottery retailers.
EFFECTIVE DATE: May 8, 2019
AGENCY CONTACT PERSON: Michael Boardman, Deputy Director Lottery, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008. Telephone: (207) 287-4614. Fax: (207) 287-6769. Email: Michael.Boardman@Maine.gov .
BABLO WEBSITE: http://www.maine.gov/dafs/bablo/ .
BABLO RULEMAKING LIAISON: Tim.Poulin@Maine.gov .

AGENCY: 18-553 - Department of Administrative and Financial Service (DAFS), Bureau of Alcoholic Beverages and Lottery Operations (BABLO) / Maine State Liquor and Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 40, Mega Millions Rules
ADOPTED RULE NUMBER: 2019-072
CONCISE SUMMARY: This amendment updates the existing rules governing the jackpot draw game Mega Millions. This amendment makes necessary changes to update current ticket cancellation rules, technical changes to clarify language, and fix typographical errors. The changes do not impact the way the game is played by consumers or sold by lottery retailers.
EFFECTIVE DATE: May 8, 2019
AGENCY CONTACT PERSON: Michael Boardman, Deputy Director Lottery, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008. Telephone: (207) 287-4614. Fax: (207) 287-6769. Email: Michael.Boardman@Maine.gov .
BABLO WEBSITE: http://www.maine.gov/dafs/bablo/ .
BABLO RULEMAKING LIAISON: Tim.Poulin@Maine.gov .