LD 1130
pg. 3
Page 2 of 7 An Act to Implement the Recommendations of the Task Force to Study Telecommunic... Page 4 of 7
Download Bill Text
LR 416
Item 1

 
8-B.__Prepaid calling arrangement.__"Prepaid calling arrangement"
means the right to purchase exclusively telecommunications
services, which must be paid for in advance, that enables the
origination of calls using an access number or authorization code.__
The sale or recharge of the service is considered a sale within the
State if the transfer for consideration takes place at the vendor's
place of business in the State.__If the sale or recharge of a
prepaid calling arrangement does not take place at the vendor's
place of business, the sale or recharge is deemed to take place at
the customer's shipping address, or if there is no item shipped, at
the customer's billing address or the location associated with the
customer's mobile telephone number.__The sale of the service is
deemed to occur on the date of the transfer for consideration of
the service.

 
Sec. 8. 36 MRSA §1752, sub-§9-B, as amended by PL 1997, c. 557, Pt. D,
§1 and affected by §4 and Pt. G, §1, is further amended to read:

 
9-B. Production. "Production" means an operation or
integrated series of operations engaged in as a business or
segment of a business that provides communications service or
that transforms or converts personal property by physical,
chemical or other means into a different form, composition or
character from that in which it originally existed.

 
"Production" includes manufacturing, processing, assembling and
fabricating operations that meet the definitional requisites,
including biological processes that are part of an integrated
process of manufacturing organisms or microorganic materials
through the application of biotechnology.

 
"Production" does not include biological processes except as
otherwise provided by this subsection, wood harvesting
operations, the severance of sand, gravel, oil, gas or other
natural resources produced or severed from the soil or water, or
activities such as cooking or preparing drinks, meals, food or
food products by a retailer for retail sale. The foregoing are
examples of activities that are not included within the term
"production."

 
Sec. 9. 36 MRSA §1752, sub-§11, ¶B, as repealed and replaced by PL
1995, c. 281, §12 and affected by §42, is amended to read:

 
B. "Retail sale" does not include:

 
(1) Any casual sale;


Page 2 of 7 Top of Page Page 4 of 7