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Home ยป News ยป News ยป Legislative Council approves dozens of non-emergencies
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Legislative Council approves dozens of non-emergencies

Jacob PosikBy Jacob PosikOctober 23, 2019Updated:October 23, 2019No Comments5 Mins Read
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The Legislative Council convened Wednesday to consider roughly 400 bill requests submitted by lawmakers for consideration in the Second Session. The 10-member body, controlled by six Democrats, approved 133 total bills, 125 sponsored by Democrats and eight sponsored by Republicans.

In the second session, legislation is reserved for budgetary matters, governorโ€™s bills, emergency bills admitted by the legislature, studies and reports initiated in the first session and citizens initiatives. Thus, it is the job of the Legislative Council to determine which โ€œemergency billsโ€ should be admitted.

An emergency bill, as outlined in the Maine Constitution, is one that is โ€œimmediately necessary for the preservation of the public peace, health or safety.โ€ Despite this extraordinarily high threshold, a number of non-emergency bills were admitted into the second session. Here are some of the highlights:

LR 2656 Title: โ€œAn Act To Authorize a General Fund Bond Issue To Provide New Facilities at the Maine School of Science and Mathematicsโ€
LR 2959 Title: โ€œAn Act To Fund Capital Improvements to Career and Technical Educationโ€
LR 2834 Title: โ€œAn Act Regarding the Use of Propane and Natural Gas Detectorsโ€
LR 2913 Title: โ€œAn Act To Protect Water Quality by Prohibitng Consumer Fireworks in the Shoreland Zoneโ€
LR 2875 Title: โ€œAn Act To Provide Funding for Capital Improvements and Equipment for Career and Technical Education Centers and Regionsโ€
LR 2803 Title: โ€œAn Act To Provide Student Debt Forgiveness To Support Attraction and Retention of First Responders, Home Health Care Providers and Public School Teachersโ€
LR 2885 Title: โ€œAn Act To Strengthen Maritime Educationโ€
LR 2676 Title: โ€œAn Act To Amend the Laws Regarding School Administrative District Reserve Fundsโ€
LR 2777 Title: โ€œAn Act To Set a Minimum Wage for School Support Staffโ€
LR 2948 Title: โ€œAn Act Regarding School Discipline for Maineโ€™s Youngest Studentsโ€
LR 2974 Title: โ€œAn Act To Promote Outdoor Recreational Opportunities for Maine Studentsโ€
LR 2925 Title: โ€œAn Act To Incentivize the Purchase of Electric Public School Busesโ€
LR 2896 Title: โ€œAn Act To Establish a Career Path for Adjunct Professor in Maineโ€™s Public University and College Systemโ€
LR 2934 Title: โ€œAn Act to Rename the University of Southern Maine the University of Maine at Portland and To Codify the Establishment of Lewiston-Auburn Collegeโ€
LR 2924 Title: โ€œAn Act To Authorize Separate Alternative Compliance Payment Rates for Maineโ€™s Renewable Portfolio Standardโ€
LR 2874 Title: โ€œAn Act To Provide Funding for Broadband Internet Infrastructure in Unserved and Underserved Areasโ€
LR 2712 Title: โ€œAn Act To Establish a Consumerโ€™s Right To Repair Certain Electronic Productsโ€
LR 2765 Title: โ€œAn Act To Enact Restrictions on Electronic Smoking Devicesโ€
LR 2942 Title: โ€œAn Act To Promote Retail Bulk Purchasesโ€
LR 3092 Title: โ€œAn Act To Amend the Laws Governing the Subminimum Wageโ€
LR 2717 Title: โ€œAn Act To Amend the Laws Governing Arbitration under Certain Public Employees Labor Relations Lawsโ€
LR 2844 Title: โ€œAn Act To Extend to Other Public Sector Employees the Same Protections Provided to State Employees upon the Expiration of Contractsโ€
LR 3100 Title: โ€œAn Act To Protect Communicatiosn between Bargaining Agents and Union Membersโ€
LR 2716 Title: โ€œAn Act Regarding State Subsidies for the Seafood Industry and to Clarify Inconsistencies in the Laws Governing Lobster Dealership Licensingโ€
LR 3101 Title: โ€œAn Act Regarding the Definition of โ€˜Public Employeeโ€™โ€
LR 2758 Title: โ€œAn Act To Amend the Laws Regarding Municipal Conservation Commissionsโ€
LR 2804 Title: โ€œAn Act To Require the Installation of Solar Panels on or Adjacent to State-owned Buildingsโ€
LR 2956 Title: โ€œResolve, Establishing the Commission To Study Fair, Equitable and Competitive Tax Policy for Maineโ€™s Working Families and Small Businessesโ€
LR 3098 Title: โ€œAn Act Regarding the Transportation of Products in the Forest Products Industryโ€
LR 3054 Title: โ€œAn Act To Provide a Sales Tax Exemption for Textbooksโ€
LR 2772 Title: โ€œAn Act Regarding Taxes on Energy Projectsโ€
LR 2950 Title: โ€œResolve, To Reduce the Operational Costs of Ferries in the Stateโ€
LR 2667 Title: โ€œAn Act to Define the Term โ€˜Caucus Political Action Committeeโ€™โ€
LR 2747 Title: โ€œAn Act To Prohibit the Fabrication of a Deceptive Video with the Intent To Influence the Outcome of an Electionโ€

Lawmakers also renamed a number of bridges and rejected a law that would prohibit people from using handheld electronic devices while riding a bicycle on a public way, just months after doing the same for operators of motor vehicles.

Interestingly enough, LR 2913, โ€œAn Act to Protect Water Quality by Prohibiting Consumer Fireworks in the Shoreland Zoneโ€ is an emergency, but LR 2677, โ€œAn Act To Prohibit the Use of Fireworks over Lakes and Ponds Greater than 10 Acres in Sizeโ€ is not an emergency. In addition, the body decided amending arbitration laws (at the behest of public-sector unions) was an emergency, but denied LR 2828, โ€œAn Act To Conform State Labor Law with Federal Labor Lawโ€ which would protect the First Amendment rights of public employees, in accordance with the Supreme Courtโ€™s 2018 ruling in Janus v. AFSCME, by removing provisions from state law that enable unions to require public employees to pay agency fees.

Fortunately, the council did reject a number of the more ridiculous requests, including bills to increase the statewide minimum wage, establish an official day for โ€œTrick or Treatโ€ in October, prohibit the confinement of egg-laying hens and investigate โ€œloot boxesโ€ in video games.

Sponsors of bills that were denied at Wednesdayโ€™s Legislative Council meeting will have the opportunity to appeal the decision at a meeting of the council in November.

Commentary emergency bill emergency legislation Featured legislation legislative council Opinion second session
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Jacob Posik

Jacob Posik, of Turner, is the director of legislative affairs at Maine Policy Institute. He formerly served as policy analyst and communications director at Maine Policy, as well as editor of the Maine Wire. Posik can be reached at [email protected].

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