An Act To Ensure Fairness for Maine Businesses
Maine Legislature, Session 123, LD 1006
Committee Amendment CA_A_S260 (Senate)
Amends: 36 MRSA §191

Majorit~· 
COMMITTEE AMENDMENT "A " to S.P. 323, L.D. 1006, Bill, "An Act To 
Ensure Fairness for Maine Businesses" 
Amend the bill by striking out all of sections 1 and 2 and inserting the following: 
'Sec. 1. 5 MRS A §1825-B, sub-§14 is enacted to read: 
14. Condition of doing business with the State. Notwithstanding any provision of 
law to the contrary, any purchase by the State of $100,000 or more of tangible personal 
property, except for public utility purchases, as defined in Title 36, section 1752, 
subsection 17, or emergency purchases pursuant to subsection 2, paragraph B, may be 
made only from a person who is registered as a seller pursuant to Title 36, section 1754-
B. As a condition of doing business with the State, the seller must collect, report and 
remit taxes in accordance with Title 36, Part 3. As provided in this subsection, the State 
is prohibited from doing business with a person who is not registered as a seller pursuant 
to Title 36, section 1754-B and is not in compliance with the requirement to collect, 
report and remit taxes pursuant to Title 36, Part 3. After notification of the award, the 
seller must provide the State Purchasing Agent with a valid retailer certificate issued by 
the State Tax Assessor within 7 business days. 
If the seller fails to provide the 
registration certificate within 7 business days, the State Purchasing Agent may cancel the 
award and make a new award pursuant to subsection 7. The State Purchasing Agent shall 
provide the State Tax Assessor with a copy of all contracts awarded pursuant to this 
section. The State Tax Assessor shall notify the State Purchasing Agent if at any time 
during the term of the contract the person is no longer registered or is not collecting, 
reporting and remitting taxes in compliance with the requirements of Title 36, Part 3. 
Until the noncompliance is corrected, the State Purchasing Agent may withhold any 
payments to the person. 
Sec. 2. 36 MRS A §191, sub-§2, ~H, as amended by PL 2005, c. 683, Pt. A, 
§64, is further amended to read: 
HH. 
The disclosure to an authorized representative of a municipality that has 
adopted a municipal property tax assistance program under chapter 907-A of 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ".;4 " to S.P. 323, L.D. 1006 
information related to a claimant's receipt of benefits under chapter 907. 
This 
paragraph does not authorize the disclosure of a claimant's income. A municipality 
receiving information under this paragraph shall keep the information confidential; 
aOO 
Sec. 3. 36 MRSA §191, sub-§2, ~I, as reallocated by RR 2005, c. 1, §19, is 
amended to read: 
II. 
The disclosure to an authorized representative of the Maine Milk Commission of 
information on the quantity of packaged milk handled in the State and subject to the 
milk handling fee established in section 4902 and other information obtained by the 
assessor in the administration of chapter 721~; and 
Sec. 4. 36 MRSA §191, sub-§2, ~JJ is enacted to read: 
JJ. The disclosure to the State Purchasing Agent of a person's sales tax standing as 
necessary to enforce Title 5, section 1825-B, subsection 14.' 
Amend the bill in section 5 by striking out all of paragraph I (page 2, lines 5 to 7 in 
L.D.) and inserting the following: 
'I. Every person not otherwise required to be registered that sells tangible personal 
property to the State and is required to register as a condition of doing business with 
the State pursuant to Title 5, section 1825-B.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment limits the scope of the bill to purchases of $100,000 or more. It 
authorizes the State Purchasing Agent to withhold payments for noncompliance with the 
requirement to register with the Department of Administrative and Financial Services, 
Bureau of Revenue Services and collect, report and remit taxes. It also provides for the 
disclosure by the Department of Administrative and Financial Services, Bureau of 
Revenue Services to the State Purchasing Agent of the person's sales tax standing. 
FISCA.L .\OTE REQLIRElJ 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 06/06/07 frac.. 
LD 1006 
LR 1976(02) 
An Act To Ensure Fairness for Maine Businesses 
Fiscal Note for Bill as Amended by Committee Amendment '/I " 
Committee: Taxation 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
The additional costs to ensure that all persons conducting business pursuant to this proposed legislation be registered 
as sellers can be absorbed by the Department of Administrative and Financial Services utilizing existing budgeted 
resources. 
LR1976(02) - Fiscal Note - Page 1 of 1