5 days ago
Legislative recap for Tuesday, June 3
Senate Minority Leader Trey Stewart (R-Aroostook) stands with other lawmakers during the official swearing in of the 132nd Maine Legislature on Dec. 4, 2024. (Photo by Jim Neuger/ Maine Morning Star)
After the Maine House of Representatives worked until 10 p.m. on Monday, when the Senate reconvened just after 5 p.m. on Tuesday there were bets on how long it would take to get through the remainder of the chamber's work.
It ended up being one hour, four minutes and 32 seconds. 'Take that, two-hour camp,' Senate President Mattie Daughtry joked.
A lot of consequential decisions were packed into that last hour, pushing legislation closer to its final disposition than just hours earlier. Here are some takeaways from Tuesday:
As the chambers move through votes, they often pause as lawmakers interject to voice opinions or request clarity on an issue or bill.
One such request came Tuesday from Senate Minority Leader Trey Stewart (R-Aroostook) regarding LD 1626, which would establish annual training requirements for schools to provide education technicians and support staff.
'The reason we tabled this — I don't even know what day we tabled it on, yesterday, they all blend together — was because the fiscal note currently reads that there is the potential for a mandate,' Stewart said, referring to the requirement such a change would put on schools.
The fiscal note of the bill currently states that, as written, this would be an unfunded mandate. So, if passed, the bill will inevitably land on the appropriations table, where bills backed by the full Legislature are placed to vie for remaining funds after the budget is set.
While the bill initially passed the Senate and House without a roll call vote, Stewart said that support was with the expectation that a more complete funding picture would be available before enactment votes. The bill was tabled without enactment.
Sometimes enactment votes are crucial, most often with emergency legislation, which needs a two-thirds vote in both chambers.
For example, while the House enacted LD 1323, an emergency measure to prohibit the use of neonicotinoid pesticides and the use and sale of neonicotinoid-treated seeds, the Senate failed to enact it with a 22-9 vote. This leaves the bill in nonconcurrence, meaning it will bounce between the chambers until they can agree, or not and then the bill dies.
Other nonconcurrent matters after Tuesday's votes:
The House voted against LD 544, aimed to create parity in the taxation of medicine by exempting sales of cannabis for medical use, bucking the committee recommendation. But Sen. Craig Hickman, co-chair of the committee, moved that the Senate accept the majority report and pass the measure. His motion prevailed 17-15, which now sends the bill back to the House in nonconcurrence.
Another example is a bill (LD 723) that would direct the Maine Criminal Justice Academy to study the feasibility of establishing a nonresidential law enforcement training program. The House failed to finally pass the bill on Tuesday, while the Senate did finally pass it. While the lower chamber attempted again on Wednesday to secure enough votes for final passage, it failed to do so with a 71-74 vote.
The chambers also failed to agree on LD 1255, which would limit eligibility for the free community college program, which Rep. Shelley Rudnicki (R-Fairfield) described as placing a one-year 'guardrail' on free community college, and argued 'it's protecting the taxpayers of Maine.' The House insisted on its position rejecting the bill, which the Senate supported.
In revisiting a matter that had sat unfinished for almost a month, the House rejected LD 588 — a move that goes against the recommendation of the Labor Committee. The bill seeks to grant agricultural workers the right to engage in concerted activity. The bill then headed back to the Senate in nonconcurrence, as it had passed the upper chamber 21-13 in late April. Later Tuesday evening the Senate insisted on its position.
Current law prohibits the sale of a beverage to a consumer in a container composed of one or more plastics if the basic structure of the container, exclusive of the closure device, also includes aluminum or steel. LD 1582 seeks to establish a definition of 'closure device.' The House passed the bill but on Tuesday the Senate voted it down.
The chambers also can't agree on a bill submitted by the 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. The House passed the bill with one amendment, while the Senate passed it with another.
The House followed the Senate by passing LD 598, which would require some pay for employees who report to work and the employer cancels or reduces the number of hours in their scheduled shift. But the bill is now in nonconcurrence because the House further altered it with a floor amendment introduced by Rep. Gary Drinkwater (R-Milford).
Though Drinkwater said he was skeptical of this bill when it was introduced to the Labor Committee, he said he received a call from a relative who is employed by the local public works department who said he could benefit from it because he is often called in on nights and weekends. The amendment, which committee co-chair Rep. Amy Roeder (D-Bangor) said she likes, would add an exception to the definition of 'employee' for an employee of a public employer who is covered by a collective bargaining agreement.
The chambers also can't agree on LD 277. The bill originally sought to repeal restrictions on certain places of business from being open on most Sundays but an amended version is being considered that would instead alter restrictions for grocery stores on Thanksgiving Day.
The following bills been initially approved by both chambers, but have not been fully enacted:
LD 1898: An Act to Correct Outdated References Regarding the Maine Human Rights Act
LD 46: An Act to Establish a Grant Program to Increase Postsecondary Educational Opportunities for Students with Intellectual or Developmental Disabilities or Autism Spectrum Disorder
LD 197: Resolve, to Direct the Governor's Energy Office to Conduct a Study Regarding the Future of Electric Transmission Infrastructure in the State
LD 1664: An Act to Repeal the Dirigo Business Incentives Program
LD 405: An Act to Define 'Solitary Confinement' for the Laws Governing Jails and Correctional Facilities
LD 1184: An Act to Require Municipal Reporting on Residential Building Permits, Dwelling Units Permitted and Demolished and Certificates of Occupancy Issued
LD 1117: An Act to Strengthen Maine's Workforce Through Certified Preapprenticeship Training Programs
LD 1754: An Act to Provide for the Direct Shipment of Spirits to Consumers
LD 1226: An Act to Protect Consumers by Licensing Residential Building Contractors
LD 1653: An Act to Develop Maine's Credentialed Workforce
LD 34: An Act to Increase the Minimum Salary for Teachers
LD 896: An Act to Provide Young Children Stable Access to Health Care
LD 1736: An Act to Increase the Supply of Child Care Services Through the Use of Contracts
LD 589: An Act to Make Agricultural Workers and Other Related Workers Employees Under the Wage and Hour Laws
LD 1366: An Act to Amend Certain Provisions of the Drug Laws Related to Cocaine Base
LD 1979: Resolve, Directing the Department of Corrections to Convene a Working Group to Examine the Establishment of a Program to Award Earned Time Credit for Educational Achievement to Persons Who Are Incarcerated
LD 324: An Act to Increase Reading Proficiency in Public Schools
LD 1653 An Act to Develop Maine's Credentialed Workforce
LD 1179: An Act Regarding Safety from Fire for Recreational Vehicles
LD 1366: An Act to Amend Certain Provisions of the Drug Laws Related to Cocaine Base
LD 1979: Resolve, Directing the Department of Corrections to Convene a Working Group to Examine the Establishment of a Program to Award Earned Time Credit for Educational Achievement to Persons Who Are Incarcerated
LD 324: An Act to Increase Reading Proficiency in Public Schools
LD 137: An Act to Expand the 1998 Special Retirement Plan to Include Employees Who Work for the Office of Chief Medical Examiner
LD 799: An Act to Report Gender Wage Gaps
LD 1003: An Act Establishing the Retirement Benefit Improvement Fund
LD 1105: An Act Concerning Displaced Civilian Federal Firefighters in Maine
LD 1611: An Act to Decrease the Retirement Contributions Required for Teachers and State Employees
LD 1034: An Act to Decriminalize Personal Possession of Therapeutic Amounts of Psilocybin for Adults
LD 1554: An Act to Require Sexual Harassment Prevention Training for Restaurant Employees
LD 1523: An Act to Improve Perinatal Care Through Expanded Access to Doula Services
LD 970: An Act to Support Affordable Housing Development
LD 1170: An Act to Make the Maine Redevelopment Land Bank Authority Responsible for the Transfer and Development of State-owned Surplus Land
LD 1245: An Act to Create a Fund to Spread Awareness of Maine's Working Waterfronts
LD 1500: An Act to Establish the Maine Community Development Financial Institution Fund to Support Small Businesses, Rural Economic Development and Affordable Housing
LD 1812: An Act to Establish the Loans for Trade Tools Program
LD 1623: An Act to Amend Certain Fish and Wildlife Laws Related to Landowner Representation Regarding Abandoned Property
LD 640: An Act Requiring That Certain Fees Charged by the Courts for Court-ordered Payments Be Capped and Paid by the Defendant
LD 654: An Act to Increase the Maximum Small Claim Limit
LD 1085: Resolve, Directing the Judicial Branch to Perform an Inspection and Study of the Rumford Courthouse Building
LD 1706: An Act Regarding Notification of Appointment of Legal Representation for Indigent Clients in Custody
LD 1121: An Act to Ensure Equitable Access for All Caregivers to Diaper Changing Stations in State Buildings Open to the Public
LD 1635: An Act to Streamline Municipal Referenda Recount Initiation
The following bills have been passed to be enacted by both chambers:
LD 1584: An Act to Establish Municipal Cost Components for Unorganized Territory Services to Be Rendered in Fiscal Year 2025-26 (Emergency)
LD 494: An Act to Update and Clarify Certain Provisions of State Liquor and Lottery Laws (Emergency)
LD 1406: An Act to Amend Certain Definitions in the Child and Family Services and Child Protection Act (Emergency)
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 1584: An Act to Establish Municipal Cost Components for Unorganized Territory Services to Be Rendered in Fiscal Year 2025-26 (Emergency)
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 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)
The following bills have been rejected by both chambers:
LD 1349: An Act to Require Legislative Approval for a Contract to Operate the Juniper Ridge Landfill
LD 830: An Act to Protect Maine's Scenic Beauty by Requiring Solar Panel Fields to Be Hidden from View
LD 1011: An Act to Change the Residency Requirements for State Funding for Student Tuition at the Maine School of Science and Mathematics
LD 369: An Act to Grant or Extend Conditional Teaching Certificates Under Certain Circumstances
LD 1716: An Act to Require Family Life Education to Include a Human Growth and Development Curriculum
LD 132: Resolve, to Establish the Commission to Study the Constitution of Maine
LD 660: An Act to Provide Transparency and Public Access to Public School Curricula
LD 1759: An Act to Allow Firefighters to Be Eligible for State College Funding
LD 741: An Act to Increase Preparedness for Solar Power Adoption in Maine
LD 1324: An Act to Protect Maine Consumers Shopping for Electric Vehicles from Deceptive Advertising and Marketing Practices
LD 1881: An Act to Ensure the Rights of Parents of Minor Children in Education
LD 660: An Act to Provide Transparency and Public Access to Public School Curricula
LD 1759: An Act to Allow Firefighters to Be Eligible for State College Funding
LD 1538: An Act to Index Unemployment Benefits to the Unemployment Rate
LD 594: Resolve, Directing the State Auditor to Audit All State Agencies
LD 553: An Act to Assert State Sovereignty over Ocean Waters and Marine Resources up to 12 Nautical Miles off the State's Coast (Emergency) (Read about this bill here.)
LD 1307: An Act to Suspend the Remittance Obligation for Paid Family and Medical Leave Private Plan Users (Emergency)
LD 952: An Act to Exempt Agricultural Employers and Employees from the Maine Paid Family and Medical Leave Benefits Program (Emergency)
LD 1549: RESOLUTION, Proposing an Amendment to the Constitution of Maine Regarding the Use and Oversight of Transportation-related Revenues
LD 1585: Resolve, to Direct the Maine State Housing Authority to Amend Its Rules Governing the Fuel Assistance Program Regarding Benefit Payments for Wood Fuel
LD 406: An Act to Repeal the Laws Providing for Paid Family and Medical Leave and to Reimburse Taxpayers
LD 509: An Act to Allow a Journeyman Electrician to Supervise 3 Helper Electricians
LD 1273: An Act to Make Paid Family and Medical Leave Voluntary (EMERGENCY)
LD 1372: An Act to Establish a Special Committee to Review Routine Technical Rules
LD 851: An Act to Establish a Senior Retiree Lobster License
LD 1790: An Act Regarding Lobster Measurement
LD 1333: An Act to Make Changes to the Paid Family and Medical Leave Benefits Program
LD 1553: RESOLUTION, Proposing an Amendment to the Constitution of Maine to Require a Supermajority of the Legislature to Approve Raising Taxes
LD 1067: An Act to Improve the Process for Mobile Home Owners to Purchase Their Mobile Home Park
LD 1012: An Act to Fund the Operations of the University of Maine Cooperative Extension Tick Laboratory
The number of bills on legislative 'tables' now abound.
As mentioned earlier, the appropriations table, which is managed by the Appropriations and Financial Affairs Committee that sets the budget, is where bills that need to be funded are placed for that committee to decide how to appropriate remaining money.
For example, LD 820, which proposes an amendment to the Constitution of Maine to establish the right to hunt and fish, was placed on the table by the Senate on Tuesday after being supported by both chambers. Such a change would ultimately have to be approved by voters, and all ballot measures have associated costs.
The House took back its initial vote against LD 331, which would direct the Department of Health and Human Services to ensure timely MaineCare reimbursements for hospital cost reports. While the Health and Human Services Committee opposed the bill, the Senate passed it and the House on Tuesday receded and concurred. It also cleared enactment in the lower chamber, securing the two-thirds vote needed to pass as an emergency measure, but the Senate placed it on the table.
Other bills placed on the table include: LDs 34, 366, 434, 496, 876, 896, 996, 1226, 1287, 1588, 324, 1279.
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