Legislative recap for Monday, June 2
As the Maine Legislature approaches its final weeks of work, each day is packed with dozens and dozens of consequential votes. After starting around 10 a.m. on Monday, the Senate cast its final vote just after 6:30 p.m. but the House did not until close to 10 p.m.
'We're done for the night,' House Minority Leader Billy Bob Faulkingham (R-Winter Harbor) said, asking his caucus to walk out of the chamber.
Throughout the day, both chambers rejected a slew of proposals to make significant changes to the state's Paid Family and Medical Leave program before it starts. The Senate also supported a measure to guarantee agricultural workers state minimum wage.
But other votes — hundreds — were also cast that take legislation one step closer, or farther, from becoming Maine law. Here are some takeaways from Monday:
Legislation (LD 3) that would have Maine adopt Eastern Standard Time year-round, contingent on federal approval, now heads to the governor's desk. It received enactment votes in both chambers on Monday.
That was also the case for: LD 186, which would clarify the Public Utilities Commission's authority to establish time-of-use pricing for standard-offer service, LD 1258, which would add qualified out-of-state electric vehicle providers under the Electric Vehicle Fund, and LD 1473, which would require utilities to monitor meters for natural gas leaks.
The following bills have received the initial approval of both chambers, but still need enactment votes:
LD 496: 'An Act Regarding the Time Frame for Issuing a Silver Alert and to Require Silver Alerts for All Persons Missing from Certain Inpatient Facilities.'
LD 626: 'An Act to Explicitly Allow the Department of Corrections to Charge Room and Board to Residents Who Perform Remote Work in Detention and Correctional Facilities and to Amend the Laws Governing Rehabilitative Programs'
LD 1146: 'An Act Regarding the Required State of Mind Relating to Robbery'
LD 996: 'An Act to Create the Weatherization Plus Program and Weatherization Plus Fund'
LD 434: 'An Act to Authorize the Maine Governmental Facilities Authority to Issue Additional Securities for the Replacement of the Legislative Management System for the Senate and the House of Representatives'
LD 138: 'An Act to Exempt Airports from Certain State Endangered and Threatened Species Habitat Protections'
LD 1287: 'An Act to Support Workforce Development by Establishing the Housing Stability Fund'
LD 366: 'An Act to Ensure Consistency of Income Tax Deductions for Retired Members of the Uniformed Services'
LD 9: 'An Act Regarding Campaign Finance Disclosure'
LD 496: 'An Act Regarding the Time Frame for Issuing a Silver Alert and to Require Silver Alerts for All Persons Missing from Certain Inpatient Facilities'
LD 626: 'An Act to Explicitly Allow the Department of Corrections to Charge Room and Board to Residents Who Perform Remote Work in Detention and Correctional Facilities and to Amend the Laws Governing Rehabilitative Programs (Department Bill)'
LD 1146: 'An Act Regarding the Required State of Mind Relating to Robbery'
LD 996: 'An Act to Create the Weatherization Plus Program and Weatherization Plus Fund'
LD 1221: 'RESOLUTION, Proposing an Amendment to the Constitution of Maine to Prohibit the Legislature from Using Paid Family and Medical Leave Program Funds for Any Other Purpose'
LD 434: 'An Act to Authorize the Maine Governmental Facilities Authority to Issue Additional Securities for the Replacement of the Legislative Management System for the Senate and the House of Representatives'
LD 1681: 'An Act to Consider Municipal Shelter Facilities and Housing Projects Essential for Public Health, Welfare and Safety by Updating the Definition of 'Public Service Infrastructure'
LD 1176 'An Act to Provide for the Sustainable Management of Marine Resources and Create a Noncommercial Northern Shrimp License (Department Bill)
LD 1561: 'Resolve, Regarding the Percentage of a Lobster and Crab Fishing' Licensee's Lobster Traps That May Be Fished in a Lobster Management Zone Listed on the License as a Secondary Zone
LD 1595: 'An Act to Strengthen Working Waterfronts Against Nuisance Complaints Regarding Aquaculture'
LD 1323: 'An Act to Prohibit the Use of Neonicotinoid Pesticides and the Use and Sale of Neonicotinoid-treated Seeds'
LD 1925: 'An Act to Improve Access to Grant Funding for the Maine Farms for the Future Program'
LD 730: 'Resolve, Regarding Legislative Review of Portions of Chapter 132: Learning Results: Parameters for Essential Instruction, a Major Substantive Rule of the Department of Education (Emergency)'
LD 62: 'An Act to Support Municipal and County Actions on Dam Ownership and to Make Other Changes to the Laws Regulating Release from Dam Ownership (Department Bill)'
LD 269 'Resolve, Regarding Legislative Review of Portions of Chapter 375: No Adverse Environmental Effect Standards of the Site Location of Development Act, a Major Substantive Rule of the Department of Environmental Protection (Emergency)'
LD 764: 'An Act to Improve the Efficiency of Certain Department of Health and Human Services Licensing Investigations (Department Bill)'
LD 1157: 'An Act to Amend the Laws Relating to the State's Background Check Center (Department Bill)'
LD 1469: 'An Act to Clarify the Quality Rating System for Child Care Services in Maine'
LD 1945: 'An Act to Clarify Data Collection Processes in Health Care Facilities'
LD 876: 'An Act to Support the Maine Service Fellows Program'
LD 1246: 'Resolve, Directing the Department of Economic and Community' Development to Convene a Working Group to Review the Process of Setting Impact Fees (Emergency)'
LD 1516: 'An Act to Strengthen the Maine Development Foundation'
LD 1478: 'An Act to Amend the Laws Governing Baitfish Wholesaler's Licenses'
706: 'An Act Regarding the Laws Relating to Unemployment Insurance (Department Bill)'
LD 1514: 'An Act to Change the Laws Regarding Real Estate Appraisers
LD 44: 'An Act to Amend the Laws Pertaining to Elver Fishing (Department Bill)'
LD 64: 'An Act to Eliminate the Cultchless American Oyster Growers License (Department Bill)'
LD 1279: 'Establishing the Biotoxin Testing of Cultured Scallops Pilot Program'
LD 1708: 'An Act to Create the Commercial Fishing Safety Fund to Further Develop Training and Provide Equipment to Recover Ships and Other Watercraft and Persons in Distress or Lost at Sea' (Read more about this bill here.)'
LD 915: 'An Act to Modernize Deed Duplication from Microfilm to a Digital Image'
LD 447: 'An Act to Amend the Law Governing Ferry Service to Matinicus Isle'
LD 1874: 'An Act to Enable the Maine Pilotage Commission to Oversee Pilots Operating in Portland Harbor'
LD 494: 'An Act to Update and Clarify Certain Provisions of State Liquor and Lottery Laws' (Emergency)'
LD 820: 'RESOLUTION, Proposing an Amendment to the Constitution of Maine to Establish the Right to Hunt and Fish'
LD 1588: 'An Act to Ensure Transparency in Student Transfer Requests'
LD 1564: 'An Act to Delay Implementation of Certain Recent Changes to the Beverage Container Redemption Law and to Make Other Necessary Changes to That Law (Emergency)'
LD 1782: 'Resolve, Regarding Host Community Compensation for the Juniper Ridge Landfill in the City of Old Town'
LD 960: 'Resolve, to Allow the Placement of Hospitalized Patients in Nursing Facilities in Alternative Locations Under Certain Circumstances'
LD 1406: 'An Act to Amend Certain Definitions in the Child and Family Services and Child Protection Act (Emergency)'
LD 526: 'An Act to Reduce the Time Period for Challenging the Validity of a Property Tax Lien on Commercial Real Estate'
LD 1783: 'An Act to Clarify Municipal Affordable Housing Tax Increment Financing'
LD 623:'An Act to Enhance Support Services for Individuals with an Acquired Brain Injury'
LD 901: 'Resolve, Directing the Maine State Housing Authority to Negotiate for the Purchase of or Acquire by Eminent Domain the Land and Buildings Commonly Known as the Bangor Mall'
The following bills have been rejected by both chambers:
LD 1903: 'An Act to Conform the State's Perfluoroalkyl and Polyfluoroalkyl Substances Laws to Federal Standards'
LD 1573: 'An Act to Require Legislative Approval for Certain Emergency Powers of the Governor'
LD 1010: 'An Act to Amend the State's Vehicle Inspection Law by Requiring Inspections Biennially'
LD 726: 'An Act to Protect Municipalities' Investment in Law Enforcement Officers'
LD 607: 'An Act to Require the Approval of Superintendent Agreements Regarding Transfers of Students Between School Administrative Units'
LD 919: 'An Act to Require Parental Permission for Certain Surveys and Questionnaires Administered to Minors in Schools'
LD 1357: 'An Act to Create Alternative Pathways for Certification or Endorsement of Industrial Arts Teachers'
LD 1881: 'An Act to Ensure the Rights of Parents of Minor Children in Education'
LD 439: 'An Act to Preserve Maine's Sporting Heritage and Enhance Sporting Opportunities for Maine's Youth by Allowing Maine's Youth to Hunt on Sunday'
LD 490: 'An Act to Provide for a 5-year Automatic Repeal of Agency Rules'
LD 965: 'An Act to Require the Automatic Repealing of Agency Rules'
LD 1884: 'Resolve, to Increase the Number of Kennebec County Commissioners'
The number of bills on legislative 'tables' now abound.
Bills that land on the appropriations table, which is managed by the Appropriations and Financial Affairs Committee that sets the budget, have already passed the full Legislature with initial votes. However, if they aren't already funded, they are placed on the table to vie for remaining unappropriated money.
Essentially, that's everything being voted through with a fiscal note because lawmakers are still drafting what will be in the next two year budget plan.
For example, the House passed LD 681, 'An Act Regarding Public Higher Education Funding in the State,' Monday morning, following an earlier vote in the Senate and bucking the recommendation of the Education and Cultural Affairs Committee against its passage.
On the House floor on Monday, Rep. Shelley Rudnicki (R-Fairfield) asked, 'Are we just discarding the work that's done by committee?' When the bill was sent back to the Senate for enactment, lawmakers then opted to place it on the table.
The same happened to LD 697, 'An Act to Direct the Maine Prescription Drug Affordability Board to Assess Strategies to Reduce Prescription Drug Costs and to Take Steps to Implement Reference-based Pricing,' which the House passed 125-9 before the Senate placed it on the table.
After securing favorable votes in either the Senate or House on Monday, the following bills were also placed on the table:
LD 505: 'An Act to Update Processes and Fees in the Probate Court System'
LD 870: 'An Act Regarding the Membership of the Maine Land Use Planning Commission'
LD 1097: 'An Act to Provide De-escalation and Behavior Intervention Training for School Personnel'
LD 1773: 'An Act to Criminalize Certain Offenses Related to Gift Card Thefts'
Other bills placed on the table include: LD 60, LD 61, LD 178, LD 192, LD 361, LD 540, LD 616, LD 800, LD 900, LD 1017, LD 1043, LD 1079, LD 1425, LD 1855, LD 105, LD 384, LD 493, LD 500, LD 554, LD 679, LD 858, LD 1100.
There is also a study table, where lawmakers place bills after they pass both chambers if they involve legislative studies. LD 634 and LD 1420 were placed on that table on Monday.
And there's a highway table, which LD 1359 was placed on. Maine has separate general fund and highway fund budgets, with the Transportation Committee overseeing the latter.
After the House voted against a bill (LD 1255) last month that would amend the eligibility requirements for the free community college program, the Senate tried to follow suit, initially. But its vote against the bill failed 15-19, so the chamber passed it under the hammer. It now heads back to the House to see if the lower chamber will reconsider its position.
Legislation (LD 218) that would make student transfer agreements renew automatically, except in certain circumstances related to attendance or behavior, is poised to die in nonconcurrence. After the House opposed the measure, following the majority recommendation of the Education Committee, the Senate voted for it. The House insisted on its position on Monday.
The House voted against a bill (LD 115) that would assess impact fees on megayachts over 150 feet long. It now heads back to the Senate in nonconcurrence. The Senate had initially voted to pass the bill, bucking the committee recommendation, but then failed to enact the measure.
Representatives supportive of the measure described it as a matter of fairness. 'Right now, when a family stays in a main hotel, they pay a lodging tax. When a business ships goods through our ports, they pay fees,' Rep. Lookner said. 'But when a billionaire docks a 450 foot yacht, a vessel that's three times as long as the Vinylhaven ferry in one of our harbors, they pay nothing toward the upkeep for our piers, dredging or sea walls that make their stay possible.'
However, Rep. Lydia Crafts (D-Newcastle), speaking against the bill, said individual municipalities already have the ability to assess slip fees.
The Senate stripped the emergency clause from LD 197, which would direct the governor's Energy Office to conduct a study on the future of electric transmission infrastructure in the state, after it could not reach the threshold needed to enact it as an emergency, which is a two-thirds vote. The bill will now be sent back to the House.
While that bill now has a chance at passage, LD 213 is essentially dead. The chambers could not agree on LD 213, which would increase the sales commission of retailers who sell lottery tickets. The Senate insisted on its vote against the bill on Monday, after the House insisted on its vote in support of the bill.
With a 29-5 vote, the Senate passed LD 331, a resolve directing the Department of Health and Human Services to ensure timely reimbursements under MaineCare for hospital cost reports. In doing so it accepted the minority report of the committee, sending it back to the House in nonconcurrence.
After the House passed LD 77, a measure to fund the Department of Inland Fisheries and Wildlife, Fisheries and Hatcheries Division by increasing inland fishing license fees, the Senate initially tried to pass it as well, but failed to do so with a 11-23 vote. The chamber then accepted the minority ought not to pass report.
The chambers also can't agree on LD 723, a resolve to direct the Maine Criminal Justice Academy to study the feasibility of establishing a nonresidential law enforcement training program. It failed final passage in the House but was approved for final passage in the Senate.
Emergency legislation needs a two-thirds vote to be enacted. LD 1551, 'An Act to Support Maine Eating and Drinking Establishments by Allowing Vendors to Operate on the Premises of an Establishment with a Liquor License,' easily cleared this bar with a 120-0 enactment vote.
However, LD 1420, which would establish a commission to 'ensure a just and equitable energy transition for Maine's workforce,' failed to reach that threshold with a 68-61 vote.
While not an emergency bill, LD 723 failed enactment after House Minority Leader Billy Bob Faulkingham (R-Winter Harbor) called for a roll call vote. This bill would direct the Maine Criminal Justice Academy to study the feasibility of establishing a nonresidential law enforcement training program. The House failed to enact it with a 68-71 vote, after supporting its passage initially with a 74-72 vote last month.
The Senate also enacted a public land resolve (LD 1724) authorizing the Baxter State Park Authority to convey certain land in Cumberland County.
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