An Act To
Maine Legislature, Session 128, LD 1805
Committee Amendment CA_A_S439 (Senate)
Amends: 36 MRSA §1752, 36 MRSA §1754-B, 36 MRSA §191, 36 MRSA §1759, 36 MRSA §1760

COMMITTEE AMENDMENT "A " to S.P. 676, L.D. 1805, Bill, "An Act To 
Amend the Maine Tax Laws" 
Amend the bill by striking out all of Part A and inserting the following: 
'PART A 
Sec. A-1. 36 MRSA §1752, sub-§11-B is enacted to read: 
11-B. 
Room remarketer. 
"Room remarketer
means a person who reserves, 
arranges for, offers, furnishes or collects or receives consideration for the rental of living 
quarters in this State, whether directly or indirectly, pursuant to a written or other 
agreement with the owner, manager or operator of a hotel, rooming house or tourist or 
trailer camp. 
Sec. A-2. 36 MRSA §1752, sub-§14, ,rA, as amended by PL 2007, c. 627, §43, 
is further amended to read: 
A. "Sale price" includes: 
(1) Any consideration for services that are a part of a retail sale; aad 
(2) All receipts, cash, credits and property of any kind or nature and any amount 
for which credit is allowed by the seller to the purchaser, without any deduction 
on account of the cost of the property sold, the cost of the materials used, labor or 
service cost, interest paid, losses or any other expenses7; and 
(3) All consideration received for the rental of living quarters in this State, 
including any service charge or other charge or amount required to be paid as a 
condition for occupancy, valued in money, whether received in money or 
otherwise and whether received by the owner, occupant, manager or operator of 
the living quarters, by a room remarketer, by a person that operates a transient 
rental platform or by another person on behalf of any of those persons. 
Sec. A-3. 36 MRSA §1752, sub-§20-C is enacted to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to S.P. 676, L.D. 1805 
20-C. Transient rental platform. "Transient rental platform" means an electronic 
or other system, including an Internet-based system. that allows the owner or occupant of 
living quarters in this State to offer the living quarters for rental and that provides a 
mechanism by which a person may arrange for the rental of the living quarters in 
exchange for payment to either the owner or occupant, to the operator of the system or to 
another person on behalf of the owner, occupant or operator. 
Sec. A-4. 36 MRSA §1754-B, sub-§1, ,rF, as amended by PL 2005, c. 218, §19, 
is further amended to read: 
F. Every person that manages or operates in the regular course of business or on a 
casual basis a hotel, rooming house or tourist or trailer camp in this State or that 
collects or receives rents :ffem on behalf of a hotel, rooming house or tourist or trailer 
camp in this State; 
Sec. A-5. 36 MRSA §1754-B, sub-§1, 1,rF-1 and F-2 are enacted to read: 
F-1. Every person that operates a transient rental platform and reserves. arranges for. 
offers, furnishes or collects or receives consideration for the rental of living quarters 
in this State; 
F-2. Every room remarketer; 
Sec. A-6. Application. Those sections of this Part that enact the Maine Revised 
Statutes, Title 36, section 1752, subsections 11-B and 20-C and Title 36, section 1754-B, 
subsection 1, paragraphs F-1 and F-2 and that amend Title 36, section 1752, subsection 
14, paragraph A apply to sales occurring on or after October 1, 2018.' 
Amend the bill in Part D in section 4 in subsection 4 in paragraph B in the last line 
(page 8, line 20 in L.D.) by inserting after the following: "taxpayer" the following: '.,_ 
stated separately' 
Amend the bill in Part G by striking out all of section 1 and inserting the following: 
'Sec. G-1. 36 MRSA §191, sub-§2, 1SS, as amended by PL 2011, c. 548, §11, is 
further amended to read: 
SS. The disclosure of information to the Finance Authority of Maine necessary for 
the administration of the new markets capital investment credit in sections 2533 and 
5219-HH a-ad to the Commissioner of Administrative and Financial Services as 
neoessary for the exeoution of the memorandl:HR of agreement plli'suant to seotion 
'D.1 Q ln,T_ 1mhi.@11=1tinn 1;' 
Amend the bill by inserting after Part G the following: 
'PARTH 
Sec. H-1. 36 MRSA §1759, as amended by PL 2007, c. 627, §46, is further 
amended to read: 
§1759. Bonds 
Either as a condition for issuance or subsequent to the issuance of a registration 
certificate under section 1754-B. 1756 or 1951-B, the State Tax Assessor may require 
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COMMITTEE AMENDMENT "A "to S.P. 676, L.D. 1805 
from a taxpayer a bond written by a surety company qualified to do business in this State, 
in an amount and upon conditions to be determined by the assessor. In lieu of a bond the 
assessor may accept a deposit of money or securities in an amount and of a kind 
acceptable to the assessor. The deposit must be delivered to the Treasurer of State, who 
shall safely keep it subject to the instructions of the assessor. 
PART I 
Sec. I-1. 36 MRSA §1760, sub-§41, as amended by PL 2011, c. 501, §1, is 
repealed. 
Sec. I-2. 36 MRSA §1760, sub-§41-A is enacted to read: 
41-A. Certain instrumentalities of interstate or foreign commerce. The sale of a 
vehicle. railroad rolling stock, aircraft or watercraft that is placed in use by the purchaser 
as an instrumentality of interstate or foreign commerce within 3 0 days after that sale and 
that is used by the purchaser for not less than 80% of the days in use during the next 2 
years as an instrumentality of interstate or foreign commerce. The State Tax Assessor 
may for good cause extend for not more than 60 days the time for placing the 
instrumentality in use in interstate or foreign commerce. 
For purposes of this subsection: 
A. Property is placed in use as an instrumentality of interstate or foreign commerce 
by its carrying of or providing the motive power for the carrying of a bona fide 
payload in interstate or foreign commerce or by being dispatched to a specific 
location at which it will be loaded with. or will be used as motive power for the 
carrying of, a bona fide payload in interstate or foreign commerce. 
(1) Property dispatched for the carrying of or providing the motive power for the 
carrying of a bona fide payload in interstate or foreign commerce is considered in 
use from the date of dispatch through the date the property arrives back at its 
principal place of business or is dispatched for the carrying of or providing the 
motive power for the carrying of a new bona fide payload. whichever occurs first. 
Any day or portion of a day in which an instrumentality is used in interstate or 
foreign commerce is computed as a full day of use in interstate or foreign 
commerce. Property dispatched for the carrying of or providing the motive 
power for the carrying of a bona fide payload in intrastate commerce is 
considered in use from the date of dispatch through the date the property arrives 
back at its principal place of business or is dispatched for the carrying of or 
providing the motive power for the carrying of a new bona fide payload. 
whichever occurs first. 
For purposes of this subparagraph, use of a trailer, 
semitrailer or tow dolly. as defined in Title 29-A, section 101, pursuant to a 
written interchange agreement as described in 49 Code of Federal Regulations, 
Section 376.31, or successor regulation. between the purchaser and an authorized 
motor carrier is considered use by the purchaser. 
(2) Personal property is not in use as an instrumentality of interstate or foreign 
commerce when carrying a bona fide payload that both originates and terminates 
within the State, unless the personal property is a bus with a capacity of at least 
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COMMITTEE AMENDMENT 'A:" to S.P. 676, L.D. 1805 
passengers that is engaged in transporting within the State a bona fide payload 
of travelers on an interstate or foreign cruise that originates outside the State and 
terminates outside the State and the transportation is provided pursuant to a 
contract between the interstate or foreign cruise provider and the person 
providing the transportation. 
(3) Any day in which an instrumentality is not used in intrastate commerce or 
interstate or foreign commerce, including while being repaired or maintained, is 
not counted in the 80% computation: and 
B. As used in this subsection, unless the context otherwise indicates, the following 
terms have the following meanings. 
(1) "Bona fide payload'' means a cargo of persons or property transported by a 
contract carrier or common carrier for compensation that exceeds the direct cost 
of carrying that cargo or pursuant to a legal obligation to provide service as a 
public utility or a cargo of property transported in the reasonable conduct of the 
purchaser's own nontransportation business in interstate or foreign commerce. 
(2) "Dispatch" means to send to a destination for the purpose of interstate or 
foreign commerce or for the purpose of intrastate commerce. 
The exemption provided by this subsection is not limited to instrumentalities otherwise 
required to be exempt under the United States Constitution. 
Sec. 1-3. Retroactivity. Notwithstanding the Maine Revised Statutes, Title 1, 
section 302, this Part applies to purchases made on or after January 1, 2012.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment makes the following changes to the bill. 
1. 
It removes provisions relating to the application of the sales tax to room 
remarketers. 
2. 
It provides that a report from the State Tax Assessor to the joint standing 
committee of the Legislature having jurisdiction over taxation matters regarding the 
major business headquarters expansion credit must separately state the amount of lost 
revenue attributable to credits used to reduce tax liability and the amount attributable to 
refundable credits. 
3. It adds a provision clarifying that the State Tax Assessor may require a bond from 
a taxpayer as a condition of sales tax registration whether the registration is made under 
the Maine Revised Statutes, Title 36, section 1754-B or 1756 or under section Title 36, 
1951-B, which was enacted during the First Regular Session of the 128th Legislature. 
4. It amends provisions of the sales tax exemption for certain instrumentalities of 
interstate or foreign commerce to clarify the calculation of the period during which 
eligible property is placed in interstate or foreign commerce or intrastate commerce and 
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COMMITTEEAMENDMENT"Pr "to S.P. 676, L.D. 1805 
other conditions of eligibility. This provision is retroactive to purchases made on or after 
January 1, 2012. 
5. It makes a technical correction to the bill, preserving a necessary statutory cross-
reference. 
FISCAL NOTE REQl'lHt,~ · 
· (See attached) 
COMMITTEE AMENDMENT 
Net Cost (Savings) 
General Fund 
Revenue 
General Fund 
Revised: 04/02/18 feae':.. 
LD 1805 
LR 2771(03) 
An Act To Amend the Maine Tax Laws 
Fiscal Note for Bill as Amended by Committee Amendment 'A' ( S- Y 3~ 
Committee: Taxation 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2017-18 
FY 2018-19 
$0 
($103,372) 
Projections 
FY 2019-20 
($5,131,330) 
Projections 
FY 2020-21 
($5,419 ,940) 
Other Special Revenue Funds 
$0 
$0 
$103,372 
$64,288 . 
$5,131,330 
$314,610 
$5,419,940 
$414,170 
Fiscal Detail and Notes 
This bill requires online real property rental platforms to collect and remit sales taxes. It also expands a sales tax 
exemption for property placed in interstate commerce or intrastate commerce. These provisions would result in a net 
increase in General Fund revenue of $103 ,3 72 in fiscal year 2018-19 and a net increase in Local Government Fund 
revenue of $64,28 8 in fiscal year 2018-19. 
LR2771(03)- Fiscal Note - Page I of I