Details of the NEW Fire and EMS Mutual Aid Agreement between Milton NH and Lebanon ME

FIRE AND EMS MUTUAL AID AGEEMENT BETWEEN MILTON, NH AND LEBANON, ME

This JUST in from Lebanon Fire and EMS Chief Daniel Meehan.
The Automatic Aid Agreement between Lebanon and Milton, New Hampshire is IN and ready to take effect!!!
AMAZING work by both Lebanon and Milton NH Chiefs!!!

Thank you Chief Meehan!!

Thank you Chief Marique!!

DEFINITIONS
1. "Emergency medical services- EMS” means the pre-hospital assessment and treatment of a sick or injured individual initiated at the scene of an incident and continued through the transport and transfer, if found appropriate, of the individual to a medical facility or other appropriate location in order to prevent loss of life or aggravation of physiological or psychological illness or injury.
2. “Automatic Aid” means the automatic dispatch of one agency to assist another immediately upon the receipt of a 911 request for service. Responses will consist of a simultaneous response from the receiving and providing agency typically is requested to fill a void in response capabilities and time. 
3. “Mutual Aid” means the dispatch of one agency to assist another upon the request of an authorized representative from the receiving agency, typically is requested when the resources of one agency is overwhelmed. 

AGREEMENT

THIS AGREEMENT, made this 1st day of October, 2015 by and between Milton Fire-Rescue and Lebanon Fire-EMS acting pursuant to the provisions of New Hampshire RSA Chapter 153-A, Section 19, New Hampshire RSA 154:24-28, and Maine Title 30-A, §3156. 

WHEREAS Milton Fire-Rescue maintains and operates a fire protection and EMS organization situated in the Town of Milton, County of Strafford in the State of New Hampshire; and

WHEREAS Lebanon Fire-EMS maintains and operates a fire protection and EMS organization situated in the Town of Lebanon, County of York in the State of Maine; and 

WHEREAS It is the desire of the parties hereto to render aid each to the other to better protect life and property when such aid is necessary as herein set forth; and

WHEREAS it is deemed mutually sound, desirable, practicable, and beneficial for Fire and Emergency Medical Service Units to render assistance to one another in accordance with these terms:

1. The rendering of assistance under the terms of this agreement shall not be mandatory, but the party receiving the request for assistance should immediately inform the requesting service if for any reason assistance cannot be rendered.

2. No response to a mutual aid request provided for in this agreement will be made by the parties hereto unless such request is received through the established communication channels common to each party and made by a responsible fire or EMS official of the party requesting such aid or the respective dispatch center of the party requesting such aid. 

3. Upon request, Milton Fire-Rescue and Lebanon Fire-EMS will render mutual aid to the requesting agency for any incident that overwhelms the requesting agency’s resources. 

4. Upon notification from dispatch, Milton Fire-Rescue will render automatic fire aid to specified locations in the Town of Lebanon as listed in attachment one (1) and incident types described in attachment two (2)..  
a. When such assistance is requested by dispatch and assistance is rendered, the Milton Fire Chief or his designee will have command until a Chief or capable person from the town requesting assistance each make the decision to keep command status quo or relieve the officer in charge.
b. The responding Chief or any of his designees has full authority in the town that receives
assistance and may request any additional assistance deemed appropriate.  

5. Upon notification from dispatch, Milton Fire-Rescue will render automatic EMS aid to certain location in the Town of Lebanon as listed in attachment one (1) and incident types described in attachment two (2). 
a. When such assistance is requested and assistance is rendered, the Milton EMS crew will have command until a capable EMS official from the town requesting assistance each make the decision to keep command status quo or relieve the person in charge.
b. It is understood that the first arriving agency has first refusal on transport and billing.
c. It is understood that the first arriving agency may request additional resources deemed appropriate for proper patient care and the safety and wellbeing of the EMS crew.  

6. Each party to this agreement waives all claims against the other parties’ assistance for any loss, damage, personal injury or death occurring in consequence of the performance of this agreement.

7. Each party to this agreement agrees to maintain interoperable communication via two way radio as described in attachment three (3).

8. This agreement shall remain in full force and effective for a period of three (3) years from the date herein above written unless sooner terminated by either of the parties hereto giving to the other thirty (30) days prior written notice of such termination.

IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as of the day and year first herein above written.


Fire Chief
Milton, New Hampshire

Signature: _________________________

Printed Name: ______________________

Title: _____________________________





Fire-Rescue Chief
Lebanon, Maine

Signature: _________________________

Printed Name: ______________________

Title: _____________________________

Attachment 1 – Automatic Response District

Attachment 2 – Automatic Response Calls

Attachment 3 - Established Communications Channels




Attachment 1
The automatic response district will encompass all addresses within the street index listed below.

Allen Hall Road
Apache Lane
Brianna Drive
Caroline’s Way
Catfish Lane
Center Road (from TM Wentworth to Sewell Shores)
Champion Street
Church Street
Comanche Lane
Davis Lane
Dixon Road
Dolby Road
Edgecomb Road
Gully Oven Road
Hillside Lane
Homestead Way
H’s Way
Hummingbird Lane
Indian Lake Drive
Kates Pond Road
Kennebec Drive
Landing Lane
Milton Pond Circle
Myrtle Street
New Bridge Road
North Rochester Road
Old Country Road
O’leary Lane
Orrills Hill Road (from Prospect Hill Road)
Pickerel Cove
Pleasant Point Road
Popular Hill Road
Prospect Hill Road
River Road 608-742
Rocky Cove
Rocky Terrace
Sam Wentworth Road
School House Lane
Sewell Shores Road
Spencer Lane
Sunfish Lane
T.M. Wentworth Road
Trainor Road
West Shore Drive 
White Horse Drive
Windswept Drive
Whittum Way






Attachment 2

The following incidents types will trigger an automatic response from Milton to Lebanon. In addition to the below list, the Sanford Regional Communication Center or the Lebanon Officer in charge can request Milton Fire-Rescue if they believe a rapid response is paramount to the protection of life and property.

EMS Responses:
Cardiac Problem
Difficulty Breathing
Stroke
Trauma
Diabetic Emergency

Fire Responses:
Structure Fire
Smoke in the Building
Chimney Fires
Motor Vehicle Accidents w/ injury



Attachment 3

Milton and Lebanon agree to maintain each other’s primary radio frequencies utilizing both VHF and UHF

Calling All Zombies! Rochester Readies for Annual Zombie Walk!!

Photo Courtesy of Rochester Main Street

Volunteers at Rochester Main Street are all set to trek down North and South Main Streets to the town common for the sixth annual Zombie Walk, underwritten by Bank of New Hampshire on Friday, October 23rd.  This event is for adults and teens to get their Halloween spirits and outfits together and congregate by 6:45 pm in the Union Street parking lot. At 7:00 pm they will be escorted by the police down North Main and South Main Streets to cider, donuts (courtesy of Dunkin’Donuts) and what else…brains, along with a free movie , “Hocus Pocus”, courtesy of Guyer Travel at the Common. Special appearances are being made by students from Corinne’s School of Dance and Studio 109 who will perform to “Thriller” throughout the route.  There is no charge to participate, and free parking is available nearby at the Union, North Main, and Congress Street or City Hall parking lots.   
As usual, the zombie Walk will be preceded by our annual Trick or Treat On The Town and Horribles Parade for children under 10. Costumed children under 10 are asked to assemble at the Union Street Parking at the Factory Court entrance at 4:15 pm for maps and treat bags and then make their way throughout the downtown area stopping at participating merchants. Maps will be available until 5:30 pm.  

For more information on the Zombie Walk or Trick or Treat On The Town/Horribles Parade, or to sign up to participate, (drummers, pipers and horns are definitely welcome!), please contact the Rochester Main Street Office at 603-330-3208 or email director@rochestermainstreet.org. The contact number the day of the event is 603-781-7116.   

Lebanon Maine Selectmen's Video from Thursday, 10/15/15 in 6 parts.......

 

LEBANON MAINE

SELECTMEN'S MEETING 10/15/15

(in 6 parts for your ease in viewing)

 

In the first section of Selectmen's Meeting video from Thursday, October 15, 2015, Selectmen's Assistant Sue Collins speaks to the Board regarding several requests for tax abatements. Ms. Collins also states that she has had calls questioning the paving of Upper Cross Road, when there are so many other roads in far worse shape.

Selectman Thompson answers that Upper Cross Road was done a few years back with only one coat of asphalt, and that the second coat needed to be done.

LMTS Deborah Dorey Wilson asks Selectmen's Assistant Collins for a copy of the meeting's agenda, mentioning that the new Town of Lebanon website still is not showing the agendas and although LMTS has signed up again to receive them, as instructed by the Town Clerk, the public notice e mailings are still not getting out.

Lebanon resident Everett Murphy addresses the Board regarding the paving being done on Upper Cross Road, where he resides. Murphy states that they are doing a really good job on that road and that he is pleased.

Murphy also speaks regarding the fact that he has called the Town Office several times and gets only a voice mail, and that despite the fact that he has left messages, no one has called him back.

Selectman Ben Thompson speaks to the need for voice mail. At this time there are only two ladies working in the front of the Town Office and they have been "slammed". However, Thompson also states that he will address this with the Town Office staff, saying that they should make sure and not leave for the day without returning people's telephone calls.

 

***LMTS note*** With tax bills coming out late, people rushing to pay taxes, register dogs (Due October 15), register to vote, secure absentee ballots, and register vehicles, LMTS drove by the Town Office twice on Friday and the lines were out the door. We'd personally like to ask people to have a little patience during this busy time of year and know that your questions will be addressed. We also question how phone messages should be answered by the Town Clerk and single Deputy Clerk prior to leaving for the evening when the Town Office is open until moments prior to them leaving and the Town has STRICT rules forbidding overtime.

 

Town Treasurer Jeanette Lemay, also the Town's Freedom of Access Act agent, enters with several sets of Right to Know requests, all from one individual, requesting paperwork on Lebanon Fire and EMS response times, Money expended by the Town's "Needy Fund" (which is ALWAYS confidential) and time sheets for Selectmen Ben Thompson. The Board signs a few of them, but denies the information on the "Needy Fund" expenditures, and denies one of the Lebanon Fire and EMS requests due to lack of detail regarding exactly what the petitioner is asking for, (ie. specific dates or calls).  Lemay questions the Board regarding the fact that the petitioner has a past due balance on Right to Know information. The Board states that past due balances must be paid prior to receiving any of the newly requested information.

 

SEE PART 1 OF THE LEBANON MAINE BOARD OF SELECTMEN'S MEETING OF THURSDAY 10/15/15 HERE:

https://www.youtube.com/watch?v=ijQRFLxJphY

 

Part 2 of the Lebanon Maine Selectmen's Meeting shows Lebanon Animal Control Officer, Mary Kinney, as she speaks to the Board with regards to her anticipated 2016-17 Department Budget.

Mention is made during this segment of Selectman Nadeau's nephew, the electrician, and service on the town's emergency backup generators. Thompson states that he feels the Board has done their due diligence in putting the generator service and electrical work out to bid on 2 separate occasions and since they have not received any bids on the work, it's time to give Nadeau's nephew a call.

 

SEE PART 2 OF THE LEBANON MAINE BOARD OF SELECTMEN'S MEETING OF THURSDAY 10/15/15 HERE:

https://www.youtube.com/watch?v=sGFuS9e-CqI

 

The Board begins discussion on proposed 2016-17 budget needs, with Thompson and Heath both working from their "Budget Books", but Selectman Nadeau, a long time Budget Committee Member, forgot his budget book at home. Thompson asks if Nadeau would like copies of the blank work sheets so that he can follow along and transfer the numbers into his "Budget Book" later on, but Nadeau declines, instead saying he will get the numbers from Heath later.

Selectman Thompson states that although the agenda calls for examination of a budget for Cemetery work, that he anticipates "quite a discussion" on that budget, and states that they will talk about the Cemetery Maintenance costs later in the meeting. ***The Cemetery budget was never revisited***

There is discussion with Treasurer Jeanette Lemay regarding a payment due to CMP, but what the payment is for is never specified. Lemay states the difficulty in making said payment, but that she will try to figure it out and get it paid.

 

SEE PART 3 OF THE LEBANON MAINE BOARD OF SELECTMEN'S MEETING OF THURSDAY 10/15/15 HERE:

https://www.youtube.com/watch?v=NmK77N1wBnY

 

The fourth part of the 10/15/15 Selectmen's Meeting video begins with the Board discussing more budget concerns.

One budget item that is discussed is for the Town's Legal Services, which the Board agrees should stay at about $35,000.00.

Following questions from many residents in town as to the current status of the actions against the town's former Assistant Rescue Chief / Selectman in the misappropriation of over $200,000.00, LMTS asks the status of the "pending investigation", the statement used to silence townspeople with regard to this matter for years.

Selectman Thompson and Wilson have a conversation with regards to the status, or rather lack thereof, of the criminal investigation, and the lack of interest by the Town in pursuing a civil suit with regards to this case. Thompson still refuses to discuss the particulars of the case, citing "personnel issues", but agrees with Wilson that people in Lebanon should just let it go and forget about it.

LMTS Sandy Adams questions the Board with regards to the Town Office sign and Thompson states that Selectmen's Secretary Collins has called and spoken with the person that created the sign, now damaged from sun and weather and looking very shabby. Thompson states that he is not sure where things stand with regards to the sign. Wilson states that the Board said that they would revisit this issue on 10/15/15 and Adams is told that the Board will discuss the matter later in the meeting, maybe 7 or 8 pm. ***Discussion on the replacement or repair of the Town Office sign was never discussed again***

Adams continues by discussing the paving being done on Upper Cross Road, and asks how much the project is costing the town. Selectman Thompson states that he believes the price tag is somewhere around $135,000.  Selectman Thompson explains that Upper Cross Road was done a few years ago, however only one coat of asphalt had been applied, stating that this project happening now was the second coat of asphalt. Adams continues, by asking the possibility of having Shapleigh Road fixed, and Thompson states he does not believe that Shapleigh Road will happen during FY 2015-16. Discussion is had on the benefits of having a separate Capital Improvement Fund specifically set aside for paving work. ***The Upper Cross Road project cost in the area of $135,000 and the voters approved a CIP fund for only $150,000 in Referendum 17 of the June 9th, 2015 ballot. Therefore there can not be more than about $15,000 left in that CIP fund account, and the last known estimate for the repaving of Shapleigh Road from 5 corners West Lebanon to the Ronal Patch home was over $175,000.***

 

SEE PART 4 OF THE LEBANON MAINE BOARD OF SELECTMEN'S MEETING OF THURSDAY 10/15/15 HERE:

https://www.youtube.com/watch?v=s6ZAhFxIuSE

 

In Part 5 of the Lebanon Selectmen's Meeting videos, Members of the Lebanon Maine Planning Board, Chairman Gary Getchell, Richard Batchelder, and Lynn Park enter the meeting to discuss the proposed budget for the Planning Board.

Discussions were held regarding the need for the Planning Board to have some kind of desk space for their work, and it is decided that there will be a desk made available for their records keeper to work and store files at one of the desks behind the counter at the Town Office.

The largest concern with the Planning Board budget was with regards to the advertising of legal notices and postage for mailing hearing notices to all property abutters, because FEMA is looking at changing flood plain maps this year. By Maine State Law, all people effected by these types of Land Use changes or Zoning issues MUST be notified via certified mail.

***LMTS has found the requirements by Maine State Law and they are available HERE:

https://www.blogger.com/blogger.g?blogID=2918125013649016357#editor/target=post;postID=3687894336205077735;onPublishedMenu=allposts;onClosedMenu=allposts;postNum=0;src=postname ***

 

SEE PART 5 OF THE LEBANON MAINE SELECTMEN'S MEETING OF 10/15/15 HERE:

https://www.youtube.com/watch?v=hn4KRwn3wRw

 

In the sixth, and final portion of the Thursday evening video from 10/15/15 Board of Selectmen's meeting for Lebanon, Maine, Town Clerk, Mandy Grenier addresses the Board in the need to update her budget proposal. According to Grenier, the numbers that she used were for an average election year, however 2016-17 will include a Presidential election, so the totals of her proposed budget were amended.

The Board prepares to enter into Executive Session with Union Representative (and Lebanon resident) Traci Place

LMTS Wilson states that she has a few questions and requests time at the end of the meeting in order to discuss the residents' questions and concerns. Selectman Thompson says there will be time after the Executive Session.

This Executive Session was with regards to the hiring of new personnel for the Town Office, so pay rates, job description and benefits all need to be discussed and worked out prior to placing an ad seeking qualified applicants.

LMTS waited for the Board to return for almost an hour. During this time, it was impossible to wait in the Lobby due to the need for the space for Town Clerk Grenier, to be in negotiations with the Union Representative, as she traveled between the Select Board and the Town Clerk.

When the Board completed almost a full hour of Executive Session, they came back into session without alerting LMTS and adjourned the meeting before Wilson could rejoin them, even though Wilson had asked to be alerted and to be present prior to the adjournment of the meeting.

LMTS found out the meeting had been adjourned when Selectman Nadeau exited the building at 9:20 pm. (5 hours and 20 minutes total meeting time).

 

SEE PART 6 (FINAL) OF THE LEBANON MAINE BOARD OF SELECTMEN'S MEETING OF THURSDAY 10/10/15 HERE:  https://www.youtube.com/watch?v=tSNX952J5g8

 

 

 

 

 

 

 

 

 

 

 

 

Maine State Law Requirements for Posting Notifications of Public Meetings

The General Rule

1 MRSA § 406 requires public notice for a "meeting of a body or agency consisting of 3 or more persons." The statute does not require a particular form or medium of notice, but sets a general standard: "This notice shall be given in ample time to allow public attendance and shall be disseminated in a manner reasonably calculated to notify the general public in the jurisdiction sewed by the body or agency concerned. In the event of an emergency meeting, local representatives of the media shall be notified of the meeting, whenever practical, the notification to include time and location, by the same or faster means used to notify the members of the agency conducting the public proceeding" (emphasis added).The body responsible for calling the meeting can determine what manner of notice is best. Circumstances to consider include: cost and availability of radio, television or print media, amount of time available, and past notification practices. However, the municipal officers or the voters may prefer to establish a uniform method for giving notice.
In some municipalities, the best method might be to simply post a notice at the town hall, town dump, local coffee shop, and any other place where members of the public are likely to see it. In other municipalities, the daily paper or local radio station might be the best way to reach the public.
The foregoing general rule is exactly that; a rule to use when there is no statute or local ordinance or regulation which sets more specific notice requirements. Any local rule must meet the requirement of 1 MRSA § 406 that the notice be reasonably calculated to notify the public.
Specific Requirements
  
The following list is a compilation of state laws which require particular time frames or forms of notice for public proceedings. This list is not all-inclusive, but does cite some commonly encountered laws. The laws are listed alphabetically by subject matter, with a brief description of the notice requirement. This is not intended to be used as a substitute for reading the full text of the statute. All time periods stated (e.g., "7 days") are minimums.
Charter Commission. 30-A MRSA §2103(2): 7 days' notice of organizational meeting. 30-A MRSA § 2103(5): 10 days' notice of public meeting, newspaper publication required. 30-A MRSA § 2104(5): amendments to charter require 7 days' notice, newspaper publication.
Comprehensive Plan. 30-A MRSA §4324(8): public hearing for proposed plan requires 30 days' notice, newspaper publication.
Ordinances. 30-A MRSA § 3002 requires 7 days' notice by posting for enactment or revision by the legislative body of a municipality.
Ordinances. For ordinances that can be enacted by Municipal Officers (i.e., Selectmen or Council): 30-A MRSA § 3008 (cable T.V.) requires 7 days' posted notice of meeting. 30-A MRSA § 3009 (traffic regulation) requires 7 days' posted notice of meeting. Although not specifically required by statute, a 7-day notice should also be given before adopting General Assistance Ordinances.
Referendum Question. For towns which have adopted a referendum, 30-A MRSA § 2528, 30-A MRSA § 2528(5) requires at least 7 days' notice of public hearing on the subject of the referendum. The hearing must be at least 10 days before the vote.
Subdivision Regulations. Where no local subdivision ordinance has been adopted, 30-A MRSA § 4403(2) requires 7 days' notice of hearing to adopt, amend or repeal regulations. 30-A MRSA § 4403(4) requires 7 days' notice by newspaper publication of any public hearing to approve subdivision application.
Town Meetings. For annual and special town meetings, 30-A MRSA § 2523 requires at least 7 days' notice by posting warrant in one or more conspicuous, public places in town.
Zoning. For a rezoning by either conditional or contract zoning, 30-A MRSA § 4352(8) requires public hearing, two notices by newspaper publication (the first of which must appear at least 7 days before the hearing), and posting of notice in the municipal office at least 14 days before the hearing. Notice to abutters is also required.
In addition to the foregoing, public hearings or meetings are required for such municipal activities as the issuance of licenses and permits. These include automobile graveyard permits, victualer's licenses, special amusement licenses, and the like. For further information on the specific requirements of these activities, see the MMA Licensing/Permitting Manual (1989).
In conclusion, a three-step process is recommended when you are unsure of the type or method of notice required for a public proceeding. First, read your local ordinance or charter for guidance; second, check the state statutes for particular requirements; finally (if you find nothing specific to guide you), follow the general rule outlined in 1 MRSA § 406. Bear in mind, however, that no local provision can undercut or relax the Maine Right to Know Law's requirements that notice be given of every meeting of a municipal body which consists of three or more members, and that "3 or more" refers to the total number of members of the body, not just the number expected to appear at any particular meeting. (By J.J.W./E.P.C.)

Start Thinking EARLY About Your Holiday Decorating!!! Hint of Things to Come!!!

Sandy and Deborah have been working hard thinking of an AWESOME way to bring our community together for the Holidays!!!

We've decided we'll be sponsoring a Holiday Decorating Contest!!!

Right now we're working on finalizing the rules and securing gift certificates for the prizes, but KNOW that it's COMING!!!

There will be four categories, and four sets of prized for first, second and third place.........

So put on your thinking caps...........
The categories will be...........

1.) Best Children's Theme Holiday Decorations.

2.) Best Holiday Light Display

3.) Best Lebanon Pride Holiday Decorations.

4.) People's Choice Award for Best Overall Holiday Decorations.

We'll be finalizing rules, judges and prizes and taking applications just after Thanksgiving.........
The second week of December we'll be putting out a map of all the homes entered in the contest.......
Then you can ride around and check out all the GREAT Holiday Decorations and vote your choice!!!
Winners will be announced on Tuesday, December 22, 2015, The first official day of Winter!!

Have fun and get CREATIVE!!!!

State Officials Advise Consumers of New Maine File Freeze Law

 

 

 

10/16/2015 01:45 PM EDT

Effective October 15, 2015 Maine consumers have the right to place a file freeze on their credit report with each of the three major reporting agencies - Equifax, Experian and TransUnion - at no cost.

A file freeze is a means to restrict access to credit reports in order to safeguard the information. It does not affect one's credit score, nor prevent the individual from obtaining a free annual credit report (www.annualcreditreport.com).

A freeze also doesn't prevent the individual from opening new credit accounts or taking other actions, such as applying for a job, that may require a credit check. However, the freeze may need to be lifted temporarily or for a particular individual or company, in order for the report to be reviewed.

"In light of recent large-scale data breaches, Maine consumers should be aware of this new law," said David Leach, principal examiner with the Maine Bureau of Consumer Credit Protection. "Unlike previous data breaches in which only credit card information was stolen, recent incidents involved loss of personal information - including Social Security numbers, dates of birth and street addresses - that could easily permit identity thieves to apply for credit, government benefits or housing in our names. Credit cards can easily be canceled and replaced, but much of our personal information remains unchanged for our entire lives."

To activate a file freeze, Maine consumers can contact the three major national credit reporting agencies by phone, on-line or by mail. All three credit reporting agencies have been contacted by the Maine Bureau of Consumer Credit Protection and are aware of Maine's new file freeze law. Contact information is as follows:

Equifax: 1-800-349-9960 www.freeze.equifax.com Equifax PO Box 105069 Atlanta, GA 30348

Experian: 1-888-397-3742 www.experian.com/freeze/center.html Experian PO Box 4500 Allen, TX 75013

TransUnion: 1-888-909-8872 www.transunion.com/securityfreeze Trans Union PO Box 2000 Chester, PA 19022

Leach indicated that for most consumers the easiest way to place a security freeze is likely by telephone. It may take less than 15 minutes to place freezes with all three credit reporting agencies. The calls are received by automated centers, and consumers use touch-tone pads to provide their Social Security number, date of birth, zip code, and partial address.

Within two weeks, consumers should receive a file freeze confirmation letter complete with a personal identification number, or PIN, for their use to unlock their credit file when they are applying for credit.

Parents wishing to apply a freeze in the case of children under the age of 16 who do not already have a credit file, may be required to pay $10 per freeze. Equifax, however, has told state regulators it is waiving that fee.

More information is available by contacting the Bureau of Consumer Credit Protection at 1-800-332-8529.

Maine Department of Labor Issues Reminder about Laws that Go into Effect Oct. 15

Changes to domestic violence leave, new social media labor law, and new options for purchasing businesses AUGUSTA—Most bills passed by the Maine legislature in 2015 become law effective Oct. 15, 2015. Of note are two labor laws carrying potential fines for employers, as well as laws updating safety and health requirements for public sector employers, a new option for unemployment tax rates when purchasing an existing business, and expanded access via court orders to wage information of debtors. “Maine businesses and employees should be aware of several new laws that affect them,” said Commissioner of Labor Jeanne Paquette. “Learning about the law now will ensure better compliance down the road.” Employers or workers with questions about these or other employment laws can start with the department's Frequently Asked Questions page on the website or call the department's customer service line at 623-7900. Two distinct changes to Wage and Hour laws are combined in An Act To Strengthen the Right of a Victim of Sexual Assault or Domestic Violence To Take Necessary Leave from Employment and To Promote Employee Social Media Privacy (LD 921, PL 2015 Ch. 343). In the first section of this law, victims of domestic violence, sexual assault, or stalking (or the child, spouse, or parent of such individuals) may take reasonable and necessary leave from employment excepting certain conditions. If leave is denied and reported to the Department of Labor within six months of the occurrence and the employer is found to have denied the leave not in accordance with the law, a fine payable to the state of up to $1,000 for each violation may be assessed against the employer. In addition, the employer is liable for liquidated damages in an amount equal to three times the amount of total assessed fines (equating to $3,000 per violation) provided to the employee. If the employee is terminated, the employee may elect either the liquidated damages or reemployment with the employer with back wages. In the second part of this law, employers in Maine are now restricted in their ability to access the personal social media or email accounts (non-public information) of employees and applicants. Employers may not terminate, discipline or otherwise take adverse action against an employee or applicant, due to the employee’s or applicant’s refusal to cooperate with any prohibited request or demand. Some exceptions apply, including when disclosure of personal social media account information is reasonably believed to be relevant to an investigation of alleged employee misconduct or a workplace-related violation of applicable laws, rules or regulations. The law provides that fines will be not less than $100 for the first violation, not less than $250 for the second violation and not less than $500 for each subsequent violation.  The statutory title affected is 26 MRSA §§ 850 and 615–619.  An optional labor law poster for each of these statutes is available at no charge for downloading or printing at http://www.maine.gov/labor/posters/index.html . Individuals interested in purchasing an existing business should review An Act To Modify Unemployment Insurance Successor Law (LD 701, PL 2015 Ch. 107), which changes the treatment of unemployment contribution (tax) rate assignment in successor transactions. In cases when the successor is a newly established employer, and when no substantial common ownership, management or control exists between the purchaser and the predecessor, the successor may opt to retain the predecessor’s rate or be assigned the average contribution rate, whichever is lower. In such cases when the successor is an established employer with an existing contribution experience rate, the successor may choose to retain this rate or inherit the experience rate of the purchased business blended with the successor’s existing rate to form a new experience rate, whichever is more favorable. The statutory title affected is 26 MRSA §1221.  Individuals who have been ordered by a court to repay a debt should be aware of An Act To Improve Disclosure Procedures (LD 451, PL 2015 Ch. 275), which allows the judgment creditor to obtain Department of Labor wage information when the judgment debtor has not conformed to the requirements of an installment payment order. It also clarifies that the amendments made by Public Law 2013, chapter 150 apply to small claims court disclosure proceedings.  The statutory title affected is 14 MRSA §3126-A, §3134, and §3135.  Public-sector employers should note changes to workplace health and safety recordkeeping and reporting in An Act To Update Maine Law To Conform to New Federal Occupational Safety and Health Administration Regulations (LD 699, PL 2015 Ch. 138). Under the prior law, a person in charge of a workplace is required to report in writing or by telephone to the director of the Bureau of Labor Standards the death of any person in the workplace or a serious physical injury requiring hospitalization sustained by a person in the workplace. This bill replaced the requirement to report in writing or by telephone with a requirement to report by telephone or electronically and provides that the report may be made to the director or the director's designee. It amends the definition of "serious physical injury." It also authorizes the director and any authorized agent of the bureau to enter a public sector workplace for the purpose of examining the safety and health of employees.  The statutory title affected is 26 MRSA §2 and §44.  A portion of the state training tax will now be used to provide scholarships for students enrolled in the Bridge Year through An Act To Amend the Competitive Skills Scholarship Program To Allow for Participation in Early College and Career and Technical Education Programs (LD 856, PL 2015 Ch. 257). This law expands the Competitive Skills Scholarship Program to include participants who are under 18 years of age if they are full-time secondary students at a public secondary school and enrolled in a career and technical education program at a career and technical education center or a career and technical education region, called the “Bridge Year.” The students must meet the following requirements: they do not have a marketable postsecondary degree, they have income less than 200 percent of the federal poverty level, and they are applying for education or training for a job in an approved industry.  The statutory title affected is 26 MRSA §2033. The department has posted proposed rules changes to update the rules in compliance with the new statute. Employers who have questions about constitutional carry and their rights to regulate weapon possession on their property can look to existing state statute. Title 26 MRSA § 600 states that, “An employer or an agent of an employer may not prohibit an employee who has a valid permit to carry a concealed firearm under Title 25, chapter 252 from keeping a firearm in the employee's vehicle as long as the vehicle is locked and the firearm is not visible.” This provision was not affected by the changes to the concealed weapons permitting law passed in 2015. A list of the recent changes that fall under whole or partial jurisdiction of the Maine Department of Labor is available at http://www.maine.gov/labor/labor_laws/index.html .