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Legislative recap for Thursday, June 5
The dome of the Maine State House in Augusta. Sept. 5, 2023. (Photo by Jim Neuger/ Maine Morning Star) With a citizen-led campaign to impose voter ID requirements heading to the ballots, lawmakers discussed the issue at length Thursday before rejecting a legislative proposal mirroring the ballot initiative. Several Republican members of the Maine House of Representatives said if returning clothes and buying cigarettes requires photo identification, so should voting. They alleged rampant voter fraud by noncitizens, which Maine's Secretary of State has said is not the case. Democrats pushed back, saying Maine already has a robust system to prevent fraud, and that requiring voter ID would disadvantage students, seniors and people with disabilities. With a 72-69 vote, the bill, LD 38, was rejected. 'There is a fundamental difference between having to show an ID to buy alcohol or tobacco products or returning an unwanted item to a store,' said Rep. Kelly Noonan Murphy (D-Scarborough).'None of those things are sacred rights granted to us in the Constitution. And therefore, imposing barriers on that right … is un-American.' With papers shuffling between chambers this week, Maine Morning Star has compiled a slightly more pared down roundup again for Thursday, focusing on the biggest items of debates as well as legislation and issues that we've followed all session. Here's an overview of what happened Thursday. Both chambers have now passed an amended version of LD 1726, which seeks to improve planning for the future of the energy grid. The House supported it with a 75-69 vote, and the Senate followed suit passing the bill 19-13 Thursday afternoon. After LD 1928 squeaked through the House with a 72-70 vote, the Senate passed it 17-15. This bill would ban single-use plastic containers — such as mini shampoo bottles — at lodging establishments starting in 2030. Although Rep. Michael Soboleski (R-Phillips) said the well-intentioned legislation overlooks sanitation concerns and poses challenges for businesses, others praised it for its potential to chip away at plastic use in the state. 'A conservative estimate is that this bill could eliminate as many as 73 million single-use plastic bottles per year from Maine's waste stream as we struggle to recycle our way out of the catastrophe of microplastics, that is meaningful action,' said Rep. Vicki Doudera (D-Camden). Although the proposed net energy billing reform that could save ratepayers more than $65 million has yet to hit the floors, the Senate and House passed an amended version of LD 839, which would create a fund to offset transmission and distribution costs associated with the policy that would otherwise be passed onto ratepayers. Additionally, lawmakers backed a bill requiring internet providers to treat all broadband internet traffic equally, a concept commonly referred to as 'net neutrality.' LD 536 passed the House 79-66, while the Senate gave its approval Thursday. With a 74-67 House vote, both chambers supported LD 246, which asks courts to consider a sentence other than imprisonment for primary caregivers. Rep. Adam Lee (D-Auburn) said the bill is needed because 'the research is clear, children with incarcerated parents are more likely to face mental health challenges, exhibit behavioral problems, experience social isolation and suffer from economic hardship. These children are also more likely to perform poorly in school and have higher absentee rates.' With a 73-69 vote, the House also passed LD 1859, a bill that would offer regional hubs for childcare, which can serve as access points in communities, tailored to the needs of those families. The Senate approved it Wednesday. Both chambers have now rejected LD 1476, which sought to impose a new lodging fee to help fund homeless shelters in the state. A heavily amended version of LD 1787 passed in the Senate after the House gave approval Wednesday. The bill initially sought to allow candidates for district attorney, sheriff and county commissioner to participate in the Maine Clean Election Act, but the version now being considered was amended to increase the contribution limits for gubernatorial seed money donations. (Read more about other proposals related to changing Maine's clean elections here.) Legislation (LD 1900) to grant authority to certain Wabanaki Nations to develop tribal power districts and recognize the authority for child support enforcement passed the House 75-67 on Wednesday and Senate 20-12. There was also bipartisan support for LD 1886, which would extend the current penalties applied when a motor vehicle violation results in death to violations that result in serious bodily harm. Lawmakers killed a proposal (LD 1461) to prohibit school boards from adopting a mask mandate unless directed by a health agency. So far, the Legislature has only supported modest refinements to the state's paid family and medical leave. That approach continued Thursday, when two more bills looking to amend the program were rejected. LD 1169, which would allow employers to get a refund for any premiums paid into the state's plan if they are approved to use a private substitute plan, was voted down 73-68 by the House and 18-14 by the Senate. Both chambers also rejected LD 1400, which looked to exempt certain public school employees from the program. And the Senate cast a final enactment vote for LD 588, which would give agricultural employees the right to engage in certain concerted activity, which includes talking about wages, working conditions and other employment matters with other employees or the employer. (Read more about that here.) After the Senate narrowly voted it down, the House passed LD 1535, which would require the Public Utilities Commission to gather a group of municipal, police and fire officials to discuss the high electricity usage related to illegal cannabis grows in the state. During discussions Wednesday, Sen. Craig Hickman (D-Kennebec) said the Veterans and Legal Affairs Committee is carrying over legislation into the next session that could provide a more comprehensive approach, including this sort of study. The Senate insisted on its original vote Thursday night. Leaving it in limbo, the House did not again take up LD 810, the bill seeking to modify the law born out of a 2021 referendum question requiring the Maine Legislature to approve any new high-impact transmission lines. It fell shy of passage in the House with lawmakers voting 72-75 before ultimately killing the bill under the hammer. However, the Senate passed the bill 18-16 Wednesday. During an evening session, the Senate rejected LD 1036, which would prohibit landlords from refusing to rent to tenants solely because they rely on programs such as General Assistance or housing vouchers. Since the House passed the proposal 72-70 on Wednesday, the lower chamber will need to take it up again. Sen. Chip Curry (D-Waldo) said this is an important issue, but asked the Senate to reject the measure simply because the Judiciary Committee is carrying a similar bill into the next session to allow more time to work on it. Although the House rejected LD 1236 earlier in the day on Thursday, the Senate voted 22-10 in favor of its passage after a failed 16-16 vote to reject the bill and impassioned floor speeches about the importance of addressing the presence of fentanyl in the state. The amended version of the bill seeks to create a Class A crime for aggravated trafficking of fentanyl when it results in an overdose. While no one refuted that fentanyl poses a crisis, Curry said the state can't incarcerate its way out of it. Senate Minority Leader Trey Stewart said he supports a multipronged approach to solving the substance use crisis including access to treatment and other supports, but argued that this bill could bolster that. The Senate advanced two bills that aim to support mobile home park residents in purchasing their parks. (Read more about that here.) Maine is one step closer to joining its New England peers who all have so-called food waste bans on the books now that the Senate has approved a slightly amended version of LD 1065. The bill would prohibit significant generators of food waste, which could include schools, hospitals, food producers and others, from disposing of food waste if they are close to a facility that could compost or otherwise dispose of the waste. The House passed a bill (LD 1078) expanding access to needle exchange programs in a 74-65 vote. The bill would allow certified programs to operate additional locations within the same county. (Read more about our syringe service program coverage here). SUPPORT: YOU MAKE OUR WORK POSSIBLE
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Legislative recap for Wednesday, June 4
Members of the Maine House of Representatives during the first session of 2024 in the State House in Augusta. Jan. 3, 2024. (Photo: Jim Neuger/ Maine Morning Star) Lawmakers are divided on what to do with a proposal to modify the law born out of a 2021 referendum question requiring the Maine Legislature to approve any new high-impact transmission lines. Although legislators who worked on the campaign saw it as an effort to clarify the law, LD 810 fell shy of passage in the House of Representatives on Tuesday with lawmakers voting 72-75 before ultimately killing the bill under the hammer. However, the Senate passed the bill 18-16 on Wednesday. It is now up to the House to determine if it will hold its ground or join the Senate in supporting the bill. With papers shuffling between chambers this week, Maine Morning Star has compiled a slightly more pared down roundup for Wednesday, forgoing the list of all bills voted on and focusing on the biggest items of debates as well as legislation and issues that we've followed all session. Here's an overview of what happened Wednesday. Both chambers The Maine House of Representatives and Senate have now backed LD 1668, which would change the voting requirements to extend the data of adjournment for the Legislature. Currently, a two-thirds vote in each chamber is needed to do so. The bill would change it to only an affirmative vote of a simple majority in both chambers. After the Senate voted 20-14 in favor of the bill on Monday, the House narrowly voted 72-71 in favor on Wednesday. Both chambers also passed a bill that would expand summer school programming, LD 1624, with the Senate approving it without a roll call after it passed the House with a 75-71 vote on Tuesday. The Senate also followed the action taken by the House earlier this week to reject LD 1982, a late-session bill that wanted to change how perfluoroalkyl and polyfluoroalkyl substances, also known as PFAS, are defined in state law. (Read more on that proposal here.) After the House backed it, the Senate approved LD 1248, a bill proposing to loosen the restrictions on restraint and seclusion in schools. (Read more about restraint and seclusion here.) Both chambers have also now passed LD 437, which would develop a pilot program to place child care facilities in a few school districts statewide. Legislation (LD 10) that would add political affiliation as a protected class to the Maine Human Rights Act. The House voted against it on Wednesday, after the Senate did on Tuesday. (Read more about this bill here.) The chambers can't agree on LD 1960, which would exempt electronic smoking devices or other tobacco products containing ingestible hemp from the tax imposed on tobacco products. The House voted against the bill on Wednesday after the Senate voted for it on Tuesday. The chambers also still can't agree on a bill submitted by the Department of Inland Fisheries and Wildlife (LD 402), which would move the Natural Areas Program from the Department of Agriculture, Conservation and Forestry to the Department of Inland Fisheries and Wildlife, among other technical tweaks. Earlier this week, the House passed the bill with one amendment, while the Senate passed it with another. On Wednesday, the House and Senate insisted on their positions, essentially killing the bill. On Wednesday, the House also insisted, 81-61, on its vote against LD 544, aimed to create parity in the taxation of medicine by exempting sales of cannabis for medical use. This position is counter to the committee recommendation and Senate vote in favor of passage. With the Senate insisting on its position Wednesday, this bill is also essentially dead. With a narrow 72-71 vote, the House did change its position on LD 588. The bill seeks to grant agricultural workers the right to engage in concerted activity. After initially voting against its passage, the House on Wednesday receded and concurred with the Senate, which passed it. The bill now heads back to the Senate. Though the Housing and Economic Development Committee was evenly split, the Senate passed a proposed pilot project that would allow 30 small businesses from the farming, fishing and logging industries to set aside up to $250,000 of revenue, sheltered from income tax, to use for capital expenses in the future. Senate Minority Leader Trey Stewart (R-Aroostook) said he introduced this bill again this session because it could provide flexibility for the most critical components of Maine's economy: its heritage industries. LD 195 includes a sunset date of 2029. Sen. Jeff Timberlake (R-Androscoggin),whose family has been farming in Maine since 1803, encouraged his colleagues to let the state try this out because it could help counter the year-to-year financial swings farms experience. The Senate voted 17-16 to reject a bill (LD 1535) that would require the Public Utilities Commission to gather a group of municipal, police and fire officials to discuss the high electricity usage related to illegal cannabis grows in the state. While Sen. Craig Hickman (D-Kennebec) agreed the state should look into that issue, he said the Veterans and Legal Affairs Committee is carrying over legislation into the next session that could provide a more comprehensive approach, including this sort of study. The House passed a bill, LD 957, that would require Asian American, Native Hawaiian and Pacific Islander history to be included in the next review of content standards and performance indicators. (Read more about this bill here.) The House passed and enacted LD 1664, a proposal to amend the Dirigo Business Incentives program, which offers eligible businesses the opportunity to greatly reduce state taxes for up to five years. While the bill initially sought to repeal the program, the amended version passed would only change some program criteria. LD 613, a bill supported by the Maine Medical Association that allows terminally ill patients to waive the current 17-day waiting period for access to life-ending medication, also the House 74-64 Wednesday. Several members shared stories about their loved ones' end-of-life care. However, Rep. Kathy Irene Javner (R- Chester) argued the bill 'removes the very pause that gives patients, families and physicians, the opportunity to reflect, to seek counsel to consider alternative palliative options.' After a lot of discussion, lawmakers voted 72-70 to pass LD 1036, which would prohibit landlords from refusing to rent to tenants solely because they rely on programs such as General Assistance or housing vouchers. Some lawmakers objected to the restrictions the bill would put on landlords, but others, including bill co-sponsor Rep. Cheryl Golek (D-Harpswell) said many residents relying on General Assistance are rejected from renting because of stigma, which the bill aims to address. (Read more about the proposal here). 'We as a state can only create fair housing once we take the steps to remove the discrimination within the housing opportunities,' Golek said. 'Protection from source-of-income discrimination, protection is one significant way we can apply and protect this to people.' The House also passed an amended version of LD 396 that would establish a grant program to encourage schools to adopt start times at 8:30 a.m. or later. A heavily amended version of LD 1787, passed the House. The bill initially sought to allow candidates for district attorney, sheriff and county commissioner to participate in the Maine Clean Election Act, but the version now being considered was amended to increase the contribution limits for gubernatorial seed money donations. (Read more about other proposals related to changing Maine's clean elections here.) The House also passed an amended version of LD 1726, which seeks to improve planning for the future of the energy grid, with a 75-69 vote. Legislation (LD 1900) to grant authority to certain Wabanaki Nations to develop tribal power districts and recognizes the authority for child support enforcement passed the HOuse fter heated discussions about the effectiveness of masks in schools during which Rep. John Eder (R-Waterboro) asked Speaker Ryan Fecteau if he would like to apologize for mandating masks, the House voted 73-69 to reject a proposal (LD 1461) to prohibit school boards from instituting future mask mandates. SUPPORT: YOU MAKE OUR WORK POSSIBLE
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Legislative recap for Monday, June 2
Newly sworn-in Maine Senate President Mattie Daughtry addresses senators in the Senate chamber in Augusta on Dec. 4, 2024. (Photo by Jim Neuger/Maine Morning Star) 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. SUPPORT: YOU MAKE OUR WORK POSSIBLE
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22-05-2025
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Republican state senator enters race for governor
The Blaine House, residence of Maine's governor, in Augusta. Sept. 5, 2023. (Photo by Jim Neuger/ Maine Morning Star) State Sen. James Libby is running in the 2026 gubernatorial race. Libby, who represents parts of Cumberland, Oxford and York counties, is one of five Republican candidates contending for the Blaine House, according to filings with the Maine Ethics Commission. The race is already starting to get crowded, with the Democratic ticket drawing notable names including Secretary of State Shenna Bellows, who announced her bid in late March, as well as Angus King III, the son of independent U.S. senator and former governor Angus King Jr., who announced his run earlier this month. And Libby won't be the only candidate with recent experience in the Maine Legislature's upper chamber. Former Senate President Troy Jackson announced his run for the Democratic primary earlier this week. The other Republicans currently running are Kenneth Capron of Portland, Bangor resident Bobby Charles, who previously worked in the federal government during the George W. Bush administration, and Navy veteran Steven Christopher Sheppard, also of Bangor. Unenrolled candidate Alexander Kenneth Murchison of Dover Foxcroft is also running. Libby is in the middle of his second consecutive term in the Senate, but he has also spent time as a state representative after being first elected to the Legislature in 1992. He also ran in the 2002 Republican gubernatorial primary. Among the bills Libby introduced this legislative session are measures to add political affiliation as a protected class under the Maine Human Rights Act and reinstate the failed Property Tax Stabilization Program. Libby, who is also a professor at Thomas College, serves on the Legislature's Education and Cultural Affairs Committee. SUPPORT: YOU MAKE OUR WORK POSSIBLE
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21-05-2025
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Committee discussion on trans student rights highlights questionable interpretation of Title IX
A transgender student who asked not to be identified stands outside the hearing room of the Judiciary Committee in the State House in Augusta. The committee held hearings on proposed bills to restrict transgender rights on May 8, 2025. (Photo by Jim Neuger/ Maine Morning Star) Lawmakers who heard hours of public testimony on transgender rights in schools were divided on whether transgender girls should be allowed to compete on girls' sports teams. But they overwhelmingly rejected broader efforts to roll back rights for transgender students, including bills that would restrict pronoun use or remove gender identity as a protected class under Maine law. The legislative debate unfolded amid national attention, fueled by President Donald Trump's administration claiming that Maine is violating Title IX — the federal law that prohibits sex-based discrimination in education — by allowing trans girls to compete in girls' sports. The discussion included how the proposed bills would impact the state's compliance with Title IX, with several legal experts explaining to committee members Tuesday that affirming trans students is not a violation of federal law, despite the administration's interpretation and threats. Transgender teens and allies crowd State House to fight anti-trans bills To what extent Title IX protects trans students' rights in schools per legal precedent is unclear, according to Mary Bonauto, acclaimed civil rights attorney and senior director of civil rights and legal strategies at GLAD Law. 'I think this raises the bigger issue, which is what constitutes sex discrimination, and is it sex discrimination to exclude a transgender student from a meaningful opportunity for girls and young women,' she said. She pointed to the U.S. Supreme Court's 2020 decision in Bostock v. Clayton County, which found that discrimination based on sexual orientation or transgender status is inherently rooted in sex, and therefore violates Title VII of the Civil Rights Act, which is related to employment law. 'When you want to forbid somebody from participating in sports…because they're transgender, the first thing you're thinking about is their sex,' she said. 'You essentially, at that point, are penalizing somebody for a trait or action that would be acceptable if they were the other sex.' Bonauto noted that while Bostock applied to employment law, its reasoning has significant implications for education law under Title IX. Alternately, Erica O'Connell from the conservative Christian law firm Alliance Defending Freedom told the committee that Bostock decision can't be applied to Title IX directly, because girls have been historically discriminated against, and allowing trans athletes to participate in girls' sports takes away opportunities from cisgender girls. 'One boy taking a part on a team that belongs to a girl, is eroding that equal protection in education,' she said. Judiciary Committee members were split on that issue, with a 6-6 vote on two bills restricting the rights of trans athletes — LD 233 and LD 1134. These bills would cut funding to school districts that allowed trans girls to participate on girls teams and use school facilities aligned with their gender identity, including bathrooms and locker rooms. Rep. Dani O'Hallaran (D-Brewer) broke from the Democrats on those bills, although she voted against all other anti-trans legislation. Debate centers on fairness and safety during hearing on transgender sports bills 'You're making a choice to transition. And I'm struggling to understand why that person's choice has the ability to take away a right position from a biological girl,' she said. 'To me, in some sense .. I guess the phrase is 'you can't have it all.'' A third bill, LD 868, proposing co-ed teams as an alternative for trans students was defeated 7-5, but O'Hallaran said she would have voted in favor of the bill if it was amended. Other Democratic lawmakers on the committee raised concerns about the lack of options for trans students, and the dangerous precedent these bills set for scrutinizing all girls and targeting those that don't present as stereotypically feminine. 'There is no choice in this. For those who do not identify according to their biological marker, they get one choice, and that's called co-ed,' said Sen. Rachel Talbot Ross, explaining her opposition to the bill. 'And if the school does not have the resources or can't put a regional team together, then we have de facto just discriminated against those students because we have not given them choice — choices.' Rep. Ellie Sato (D-Gorham) said her concern was with the enforcement of the bills. 'It would backtrack the progress that we've made in how we're surveilling girls' bodies, because I'm very concerned that girls that do not present feminine with feminine attributes — cis or trans — will be targeted regardless, because they don't fit into the model of what we believe a woman or a girl should look like,' she said. Rep. Rachel Henderson (R-Rumford) voted to support the restrictions on trans students because she said she believes in 'the truth of the biological reality of two sexes,' although the American Medical Association recognizes trans people and supports their right to affirming spaces. 'My hope is that my vote on these doesn't define me as someone who hates members of the LGBTQ community or wants to be cruel towards minors who are struggling with gender ideology, because it's simply not true,' Henderson said. Some Republican lawmakers including Henderson voted against the broader rollback of trans rights. These included LD 1002, which would mandate that educators use the name and gender listed on a students' birth certificate even if it doesn't align with their gender identity, and two bills (LD 1337 and LD 1432) that aim to remove gender identity as a protected class under the Maine Human Rights Act. Those bills will head to the full Legislature with a recommendation from the committee to reject them. . Rep. Mike Soboleski (R-Phillips) said the intention behind LD 1432 is to retain gender identity protections under the umbrella of sexual orientation under the Maine Human Rights Act, but not designate gender identity as a separate protected class. He said he wanted to make the change to align with Title IX. Barbara Archer Hirsch, executive director of the Maine Human Rights Commission, which enforces the act, disagreed. She said she doesn't think removing the gender identity language 'does anything to align or not align with the current administration's interpretation of Title IX. Since gender identity and sexual orientation are not the same thing, she said protecting gender identity under the broader umbrella of sexual orientation would make complying with the Human Rights Act harder if the bill were to pass. 'I think that would create a lot of confusion,' she said. 'I think we would be getting more and more calls from folks not knowing what's covered and what's not, which was what was happening beforehand.' O'Hallaran asked whether there was a way to retain gender identity protections while still making it clear that trans girls can't play in girls sports. As an example, Hirsch pointed to religious schools, which because of exemptions do not have to follow the protections for gender identity and sexual orientation, as long as they don't receive state funding. SUPPORT: YOU MAKE OUR WORK POSSIBLE
