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Yahoo
2 days ago
- Politics
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Standoff over red flag hearing continues in Maine Legislature, may go to court
Jun. 6—A partisan standoff over whether to hold a public hearing on a citizen-initiated red flag referendum is likely to stretch into next week's legislative sessions and could wind up in court. Senate Minority Leader Trey Stewart, R-Presque Isle, tried late Thursday to force Democrats to schedule a public hearing on the referendum, proposing a series of floor motions in the Senate, all of which were rejected. He said Friday that he intends to introduce additional motions next week if Democrats still haven't agreed to hold a hearing on the initiative. "I don't think this thing is over yet," Stewart said. "If I had to wager a bet, there are some other motions I'm intending to make when we get back next week, assuming they still haven't done the right thing." The red flag proposal, if passed by voters, would make it easier to confiscate the guns of a person in crisis by allowing family members to initiate the process and by removing a required mental health evaluation. The proposal came forward in the wake of the mass shooting in Lewiston in October 2023 and is certain to generate intense debate over gun rights and restrictions ahead of the November vote. Meanwhile, the impasse over a public hearing on the proposal has added to tensions at the State House as lawmakers are in the busy final days of the legislative session. Republicans point to a 2019 law that requires public hearings for citizen initiatives that are headed toward statewide referendum votes, unless lawmakers formally vote to waive the requirement. Such hearings have been held on other citizen proposals, but not all: A 2021 citizen initiative never received a hearing or the required waiver and was still sent to referendum and passed by voters. Democrats have so far not backed down, arguing in part that the Maine Constitution does not require the hearing and also citing legislative rules. Gun rights supporters who are opposed to the referendum proposal are pointing to the state law and threatening legal action against Democratic leaders, with one top advocate saying Friday that they have attorneys drafting a lawsuit. "When there's a state law on the books the Legislature can't just ignore it, so that will be the basis for the challenge," said David Trahan, executive director of the Sportsmen's Alliance of Maine, an advocacy group for gun owners and sportsmen that is working on the lawsuit. Nacole Palmer, executive director of the Maine Gun Safety Coalition, which initiated the citizen's referendum, said in a written statement Friday that the group is "happy to debate this issue any time" and accused Republicans of playing "political tricks" by waiting until the end of the session to raise questions. "Now the National Rifle Association has joined them, parachuting into our state to muddy our Democratic process," Palmer said. "While they are doing that, we are focusing on the next five months, where we will be having this conversation publicly, talking to voters throughout the state, and in November every Maine voter will have the chance to make their voices heard." Citizens initiatives are brought forward by voters though a signature-gathering and application process. While the Legislature can choose to enact the proposals, they typically send them to statewide referendum votes. Maine's Legislature held a public hearing last month on the only other citizen initiative currently pending. That proposal would require photo identification prior to voting in Maine and put new restrictions on absentee voting. It also is headed for a fall referendum vote. Lawmakers also held a public hearing last year on the only citizen-initiated referendum they received in 2024, LD 2232, to limit contributions to political action committees that make independent expenditures. All four citizen initiatives in 2023 also received hearings. Legislative records, however, show that no public hearing or vote to waive the hearing was held for an initiative in 2021 that was aimed at stopping the New England Clean Energy Connect transmission line through western Maine. At a committee work session on that initiative, a legislative analyst did not address whether lawmakers needed to hold a public hearing but did note some unique circumstances. Two weeks after the initiative was handed to the Legislature, lawmakers adjourned and the bill was carried over to a special session. Sen. Dick Bradstreet, R-Vassalboro, the sponsor of the 2019 law to require public hearings, said Friday that the circumstances of the 2021 case were different because lawmakers are supposed to hold the hearing in the same session in which they receive it and in that case they had just received the proposal when they ended up adjourning. He said the reason no hearing was held in 2021 was "kind of a technicality." LD 1378, the bill resulting from the red flag citizen initiative, was transmitted to the Legislature on March 27, during the current session that's scheduled to end June 18. "You really can't compare the two because in this case they're choosing not to have the hearing, even though the legal requirements are there," Bradstreet said. "Before, they could say they weren't in the same session. ... Now they're kind of flouting the law." Bradstreet said he didn't recall any outcry over the lack of a public hearing on the 2021 measure, but said there was less knowledge of the relatively new law at the time. He said he put forward the bill in 2019 because of a handful of initiatives that had been put forward around that time that were generating a lot of advertising. DISCERNING FACT FROM FICTION "I thought, 'How can people discern fact from fiction?'" Bradstreet said. "The only way to do that would be some type of hearing where people could question what the initiative does and what some repercussions would be, and where both sides would have a chance to present their arguments without the propaganda." In a late-night session Thursday, Senate President Mattie Daughtry, D-Brunswick, rejected a proposal from Stewart to consider a formal waiver of the public hearing requirement to comply with state law, saying that his proposal was "not properly before the body." Daughtry said the Legislature's rules take precedence over statutes passed by prior groups of lawmakers regarding legislative proceedings and that Stewart's motion was asking for lawmakers to take an "unnecessary vote" on the citizens initiative. Daughtry also noted that the initiative was still before the Judiciary Committee, where she said it could have further action. A spokesperson for Daughtry and Sen. Anne Carney, D-Cape Elizabeth, the Senate chair of the committee, said Friday that they would not comment on the calls for a public hearing. Rep. Amy Kuhn, D-Falmouth, the House chair of the committee, did not respond to a voicemail message or email. Trahan, from the Sportsmen's Alliance of Maine, said his group in conjunction with Gun Owners of Maine and the National Rifle Association will focus their lawsuit on the 2019 law and argue that lawmakers need to either hold the hearing or vote by a two-thirds majority to waive it. The group is also fundraising to support the effort. Trahan said that just because lawmakers "got away with" not holding a hearing on the 2021 initiative, it does not mean it's not required in the law. "Why don't they just make this easy and hold the public hearing?" he said. "There's nothing to hide. Good public discourse adds to the debate." Copy the Story Link
Yahoo
3 days ago
- General
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Maine Republicans, gun rights groups try to force hearing on 'red flag' proposal
Jun. 5—AUGUSTA — Republicans and gun rights groups are ramping up pressure on Democrats to hold a public hearing on a so-called red flag proposal that's headed for a statewide vote in November. Republican lawmakers are accusing the majority of violating state law by refusing to hold the hearing because it will undermine their campaign to pass the law. If approved by voters, the citizens initiative would make it easier for family members to have firearms temporarily taken away from people who are in crisis and may pose a danger to themselves or others. Sen. Trey Stewart, R-Presque Isle, said at a press conference Thursday that if Democrats don't reverse course and hold a hearing, Republicans will try to force the issue through a series of floor votes. And the National Rifle Association said Thursday that it will join a planned lawsuit over legislative Democrats' refusal to hold a public hearing. Stewart said Senate Republicans plan to offer a flurry of proposals to put Democrats on the record as opposing a chance for the public to weigh in. "It doesn't matter how you break this one down," Stewart said. "There needs to be a hearing. It's abundantly clear they're in violation of Maine law. Once again, (we're) giving them an opportunity to do the right things here. But if by today that is not the case (and) that has not yet happened, you're going to see a flurry of orders put forward by Republicans in the Senate." Democrats, who control both chambers and control committees that conduct public hearings, say they don't need to hold a hearing because the question will be decided by voters. Gun safety groups collected signatures to force a fall referendum on the red flag law, which would allow family members to directly petition a court to temporarily confiscate firearms. Maine currently has what is known as a yellow flag law, which was negotiated by Gov. Janet Mills, gun rights groups and gun safety groups. It can only be initiated by police and requires a mental health evaluation before a court petition can be filed to confiscate a person's firearms. A state law requires that a public hearing be held on statewide referendum questions, unless that hearing is waived by a two-thirds vote of the Legislature. And hearings have been routinely held for other referendum questions, including a recent hearing on a referendum to enact a voter ID requirement and additional restrictions on absentee voting. Lawmakers have three options when receiving a qualified citizens initiative: Enact it without changes, send it to voters, or send it to voters with a competing measure. Democrats have made clear this initiative will be sent to voters without an effort to pass it in the Legislature. Sen. Anne Carney, D-Cape Elizabeth, who co-chairs the Judiciary Committee, said she believes a state law requiring a hearing conflicts with the state Constitution, which doesn't mention the need for a public hearing. And since lawmakers have signaled they don't plan to enact the proposal, a hearing isn't necessary. Carney also noted last week that a hearing on a similar red flag proposal was held last session. But opponents of the referendum are clamoring for a hearing. The Sportsmen's Alliance of Maine issued an action alert this week, arguing that Democrats don't want to hold a hearing because it will highlight opposition, including from Gov. Janet Mills and other Democratic lawmakers. Mills came out against a red flag bill proposed last session, but the bill was never brought forward for a floor vote after an hours-long public hearing that drew a divided crowd. "Under Maine law, all ballot initiatives MUST receive a public hearing before going to the Maine voters," SAM's alert states. "But Judiciary Chairs and Maine Gun Safety Coalition allies are blocking that hearing. Why? "Because Michael Bloomberg and the progressive gun-control lobby know it could END their campaign. This is because a massive bipartisan coalition of Mainers, including Governor Janet Mills, law enforcement, and lawmakers, will discuss the dangerous and potentially deadly realities of this extreme law." Aids more Mills did not respond to a question about whether Mills would personally testify before the committee, which would be a rare and dramatic moment, or if her administration would testify on her behalf, which usually occurs. This story will be updated. Copy the Story Link
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5 days ago
- Business
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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. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
31-03-2025
- Business
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The two-year budget was ‘not the last word.' Here's what comes next.
Senate President Mattie Daughtry looks on as Minority Leader Trey Stewart and Majority Leader Teresa Pierce converse before tabling the supplemental budget proposal on March 4, 2025. (Photo by Emma Davis/ Maine Morning Star) The Legislature passed a two-year budget that everyone agrees doesn't work on its own. Democrats pushed through this plan without Republican support after Senate Republicans refused to support a change package for the current fiscal year to address the immediate MaineCare funding deficit unless it included structural reform to the program. The majority party argues a stopgap two-year budget was needed to 'keep the lights on' and provide consistency to Mainers amid federal uncertainty, but that it was only 'part one.' The budget leaves some things unfunded, notably another expected shortfall for MaineCare, the state's Medicaid program. Democrats say that was an intentional decision to wait for updated state revenue projections and any changes coming from Washington D.C. Republicans argue, because of that, the budget isn't balanced and also doesn't include any of the policy changes Democrats may be looking to adopt in a 'part two' budget — a framework they disavow as disingenuous. Some from the minority party have started collecting signatures for a People's Veto of the budget that passed, which, if they secure at least 67,682 signatures from Maine voters by June 18, would put the law on hold until the November election or an earlier statewide special election — causing a government shutdown. 'It's reckless. It's chaotic. It's what we're seeing in Washington, D.C., brought here to Maine,' Speaker of the House Ryan Fecteau (D-Bidderford) said of the People's Veto. Political jabs aside, how are legislators honestly thinking about re-evaluating spending in light of the projected $450 million deficit over the next two years? That budget bill was 'not the last word,' Senate President Mattie Daughtry (D-Brunswick) said. 'We need to start having the conversations about what the 132nd Maine Legislature wants,' Daughtry said. 'March majority madness': Legislative Democrats pass two-year budget over Republican objections Minority Leader Trey Stewart (R-Aroostook) said his primary concern for the remainder of session is MaineCare. 'It's not fixed,' Stewart said. 'We are highly likely to be right back in here within a year dealing with yet another Medicaid bailout, to say nothing of what happens on the federal front.' Republicans argue there is no money left for more work this session. Democrats argue that's not true. There's validity to both claims, depending on how you view the situation. The state is expected to bring in $11,224,416,665 in revenue over the next biennium, fiscal years 2026 and 2027, based on the latest forecast from December. While the general fund appropriations in the budget that passed last week total $11,320,717,493 for that timeframe, the total net impact is actually a bit less, $11,229,531,053. Factoring in these new appropriations, remaining balances carried over and transfers, Christopher Nolan, director of the nonpartisan Office of Fiscal and Program Review, said fiscal year 2027 is expected to end with $127,737,632. This is what's left for lawmakers to still appropriate in a 'part two' budget or through individual bill spending. However, funding the expected Medicaid gap in 2027 would absorb most of it. The tax increases and program cuts Gov. Janet Mills proposed will be considered in the next budget, which could free up more dollars for new initiatives. Uncertainty on the federal level adds another layer of complications to the funding landscape. On the state-level, the latest fiscal briefing from the Office of Fiscal and Program Review released last week shows general fund revenue is currently $28 million below budget. Much could change before the updated revenue forecast in May. There's also another strategy lawmakers have expressed interest in exploring that could alter how much money they have to work with: resetting baseline spending, which the recently passed budget continued as is. Regardless, there is apprehension about fiscal possibilities, as underscored by Rep. Amanda Collamore (R-Pittsfield) on the House floor last week. 'What is the point of working any bill with a fiscal note that isn't negative?' Collamore asked. 'I'm not sure it's responsible to vote for any bill, including my own.' The process will, and should still play out, Stewart said. 'We don't know what we don't know until we get there,' he said. In any session, regardless of the economic landscape, the budget process is murky with many bills dying by way of the 'appropriations table,' which all legislation with a fiscal note ends up on even after passing the House and Senate. Last session, less than 10% of bills on the table became law. The final arbiters are the legislators who sit on the Appropriations and Financial Affairs Committee, and the behind-the-scenes negotiating that determines their votes, along with the governor's veto pen. Daughtry and Fecteau both said they believe what comes next shouldn't actually be up to them. 'I recognize as a leader I have a larger bully pulpit than the average members but I have trust in my colleagues not only on the policy committees but also on the Appropriations Committee,' Daughtry said. 'I really am trying to keep my palate dry and wait and see what my colleagues are able to come up with, what our members of the public say as well.' While acknowledging that the Legislature has a balancing act ahead of it, Fecteau agreed. 'I'm not going to sit here and say I can identify all of the ways in which we can save money from the baseline or we can save money from not moving forward new initiatives that were proposed or how we can generate revenue in the most effective way,' Fecteau said. 'But what I can say is it will all be on the table and up for consideration amongst my colleagues on the Appropriations Committee. That's their charge.' Stewart often repeats his stance that the state has a spending problem, not a revenue problem. Before the start of the session, he told Maine Morning Star he wanted the Legislature to audit the state budget to assess whether current funding levels are adequate. So what do lawmakers want to reassess? 'It's all the above,' Stewart said. 'You've got to start peeling back the layers of the onion.' Vacancies There's the assumption, and historic reality, that the governor will get most of what she asks for, which includes a plan for approximately 250 more government positions. Stewart wants to see the state address vacancies first. As of Feb. 13, there were 1,975 vacancies out of 13,557 permanent positions, amounting to a 14.6% vacancy rate, according to the Maine Department of Administrative and Financial Affairs. For comparison, the vacancy rate in February 2024 was 16.6% and in March 2023 was 16.2%. DAFS Director of Communications Sharon Huntley said there are many reasons positions are vacant, and sometimes it's intentional, such as with seasonal positions, which make up 10% of the current vacancies. 'It's also important to note that eliminating a position will not necessarily save money,' Huntley said. 'Of the 1,975 permanent vacancies, nearly half don't include any general fund funding. For example, positions that are in place to use on as-needed basis funded with non-general fund dollars. While vacant they don't cost the state or the fund anything, and, similarly, eliminating them won't save anything.' Additionally, each biennial budget includes savings from attrition — the assumption that there will be gradual staff reductions due to employees leaving and not being replaced. The two-year budget that passed included a 5% attrition rate level, up from 1.6%, which means the state has to have some level of vacancy in positions that are funded with general funds to achieve this budgeted savings. Aside from a focus on vacancies, Stewart questioned, 'what's the vision?' Pointing to Maine students' low test scores, inadequate mental health supports — a key point of contention in budget debates last year — and closing hospitals, which had already been struggling financially with high operating costs and low reimbursement rates before the supplemental budget scuffle, Stewart said reforming systems is what's needed. In Stewart's view, that's namely MaineCare. Health care Legislative Republicans already presented proposals for reforming the program during supplemental budget negotiations, which Stewart said they'll continue to push. These include requesting waivers from the U.S. Centers for Medicare and Medicaid Services to mandate reductions in enrollment, as well as institute work requirements for able-bodied, childless adults. The mandated reduction could start with a full review of everyone on the program to eliminate people who no longer qualify, Stewart said. What exactly work requirements would look like, he doesn't know. The Trump administration may make such changes on the federal level, though he doesn't see that as a reason to avoid doing it on the state-level first. Daughtry said she's willing to discuss MaineCare reform. 'If we're having provider fraud or someone taking advantage of the system, I'm willing to hear those ideas,' Daughtry said, 'but when you're penalizing people whose very lives depend on the health care, that's not promoting the economy. That's going after people in need.' Approximately 30% of Mainers and roughly half of all Maine children are covered by MaineCare. 'I really do feel healthcare is a human right,' Daughtry said. She also said it's the will of the people, who have twice approved expansions to MaineCare at the ballot box. If we're having provider fraud or someone taking advantage of the system, I'm willing to hear those ideas, but when you're penalizing people whose very lives depend on the health care, that's not promoting the economy. That's going after people in need. – Senate President Mattie Daughtry Fecteau said he'd entertain the reforms left on the table by Senate Republicans rejecting the supplemental deal, specifically restrictions to ensure that people who win the lottery or who are incarcerated don't remain eligible for MaineCare. While Fecteau said the two-year budget could have fully funded MaineCare through 2027, the decision not to was an effort to say 'let's have an open and earnest conversation around potential reforms.' Senate Minority Leader Matthew Harrington (R-York) explained in a press conference last week that the minority party's ultimate goal is to shift people currently on MaineCare to federal exchanges. Maine is one of 19 states, and Washington D.C., that fully run their own health insurance marketplace, called Last month, nearly 65,000 Mainers signed up for affordable health coverage through for 2025, according to Health and Human Services Commissioner Sara Gagné-Holmes. However, Maine's Office of Health Insurance Marketplace is the smallest in the nation and the office is requesting more positions in this next budget to keep up with growing enrollment. For people who are working, Harrington argued, 'These folks can afford to pay something for health insurance. We should be encouraging them to do so.' Daughtry said such a claim misunderstands how the marketplace works, as people are not able to enroll if their income threshold is below the bar that qualifies them for MaineCare. 'It's ensuring that folks are able to find a product that meets with their income guidelines,' Daughtry said. 'Now, if we could actually have the real conversation behind driving more people to the marketplace, it's making sure people have more money in their pockets.' Daughtry hopes the Legislature considers bills that seek to establish a living wage, particularly addressing underpay in the public sector, as well as proposals to help families, such as better supporting childcare. Harrington and Stewart also argued that high MaineCare enrollment hurts hospitals, as they only receive a 70% reimbursement through the program compared to higher private-payer reimbursements. Daughtry argued the state should increase MaineCare reimbursements. However, she added that private insurance is also not reimbursing people enough. 'It's not just MaineCare,' Daughtry said. 'The health care system as a whole is broken.' Taxes and cuts Given the $450 million deficit the state is facing over the next biennium, and that only $127 million remains for the second year, program cuts and taxes are being considered, including the slate of changes Mills proposed that were not included in the 'part one' budget. Progressives are not supportive of her plan to cut some programs, including childcare workers stipends, and Republicans have already drawn a line in the sand regarding tax increases of any kind. While Mills has suggested a number of largely regressive taxes, which have a greater impact on low earners, some Democratic legislators are alternatively pushing for a model that taxes the wealthy more, including a 'millionaire tax,' similar to a law recently passed in Massachusetts to tax income over $1 million by an additional 4%. One of Fecteau's proposals, LD 1082, is to increase the real estate transfer tax on home sales above $1 million to increase the resources the state commits to the construction of affordable housing. Other lawmakers have proposed taxes on short-term rentals or changing the timeframe for accessing Historic Property Rehabilitation Tax Credits to fund things like affordable housing and education without adding to state spending. Albeit in different ways, there's consensus that systems need to change. Stewart said of Democrats, 'They want to be all things to all people all the time,' intentionally or not, calling back to the phrase Mills repeated when she first introduced her budget plan in January. 'I don't think government can, or should, be all things to all people at all times,' Mills said in defense of her proposed cuts and tax increases. Ultimately, as Fecteau put it, 'It's going to be a balancing act.' SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
14-03-2025
- Business
- Yahoo
Democrats look to advance stopgap budget after failure of short-term MaineCare deal
Senate Minority Leader Trey Stewart and Assistant Senate Minority Leader Matt Harrington talk as the upper chamber prepares to vote on the supplemental budget on March 11, 2025. (Emma Davis/ Maine Morning Star) This story will be updated. The Appropriations and Financial Affairs Committee is expected to meet on Friday afternoon to vote on a budget plan that addresses the immediate Medicaid funding shortfall, in light of the failed supplemental budget, as well as continuing services for the next two fiscal years. This move is reminiscent of how the Democratic majority approached the biennial budget last session, when it passed an initial continuing services budget to keep the lights on and then another spending package to incorporate policy changes. As it did in 2023, this decision is likely to anger Republicans, who have already been expressing concern this session about Democrats passing another party-line budget. Passing a budget in this manner would undermine the minority party's ability to threaten a government shutdown over budget negotiations. In statements shared on Friday, the presiding officers said the continuing services budget will prioritize core government functions and not include new initiatives, cuts or tax increases. However, the full picture of what is or isn't in this plan will not be known until the Appropriations Committee votes on what to include. It is scheduled to meet at 2 p.m. in Augusta. 'While we had hoped to pass a responsible supplemental budget to address urgent needs, political brinkmanship prevented that from happening,' Senate President Mattie Daughtry (D-Brunswick) said. 'Now, we must focus on passing an initial budget to ensure critical services remain funded and our constituents are not the ones who suffer from partisan gridlock.' The final blow to the supplemental budget came Thursday when Senate Republicans maintained their opposition to the plan that would have filled the $118 million shortfall for MaineCare, the state's Medicaid program, and provided funding for to treat a growing outbreak of spruce budworm, a destructive insect that threatens Maine's northern forests. The plan was also amended to include some Republican demands — limits to General Assistance and promised cost-of-living adjustments for certain essential support workers that are being withheld by Gov. Janet Mills' administration. Another addition had been a review of MaineCare for fraud, waste and abuse, but Senate Republicans said it had to include structural reform of the program in order to get their vote. Speaker of the Maine House of Representatives Ryan Fecteau (D-Biddeford) said on Friday that the supplemental budget negotiations demonstrated that Democrats can't count on Senate Republicans. 'We must urgently address the supplemental budget in combination with the biennial budget in order to put Maine people first and end the political posturing,' Fecteau said. 'Democrats are not willing to risk a government shutdown or neglect our state's health and well-being. It's time to move forward.' Senate Minority Leader Trey Stewart of Aroostook and House Minority Leader Billy Bob Faulkingham of Winter Harbor did not respond to requests for comment by the time of publication. The Democratic leaders said they are encouraging their colleagues across the aisle to support the continuing services plan that will be hashed out Friday. Daughtry, reminiscent of her comments to Maine Morning Star ahead of the final failed supplemental vote on Thursday, added that she believes the fiscal uncertainty being seen in Washington D.C. can be avoided in Maine. In D.C. on Friday, Congress will decide the fate of a stop-gap spending bill to avoid a partial government shutdown on the federal level. SUPPORT: YOU MAKE OUR WORK POSSIBLE
