Author: Adam Crepeau

Lawmakers on Maine’s Health and Human Services Committee held a public hearing Wednesday on LD 2052, “An Act To Enact Restrictions on Electronic Smoking Devices and New Tobacco Products.” The bill, sponsored by Sen. Rebecca Millett, would ban the sale of electronic smoking devices and nicotine liquids. Under the bill, these and other tobacco products could not be sold until federal regulators approve vape products as an “evidence-based tobacco cessation strategy.” LD 2052 is government intervention at its worst. The bill prohibits individuals from selling, furnishing or giving away electronic smoking devices and nicotine liquid while only authorizing their sale,…

On Tuesday, February 4, the Maine Republican Party announced they are launching a People’s Veto campaign to repeal LD 1083. The bill, which went into law without Governor Mills’ signature, applies ranked-choice voting to presidential primary and general elections. LD 1083 was passed and sent to Governor Mills’ desk during the special session in August, however its status was frozen until the legislature reconvened in January because the governor chose not to sign it after the legislature adjourned. This move gives the Maine Republican Party extra time to mount support for the People’s Veto campaign. The party said in its…

Just over a month ago, Washington policymakers worked across party lines to raise the legal age for buying tobacco products to 21 nationwide. Even before we know how well this measure is working, some lawmakers want to start chipping away at the rights of adult tobacco users. Let’s hope their effort is not successful. House Energy and Commerce Chairman Frank Pallone, D-NJ, is pushing a bill to take all flavored tobacco products off the market. Enactment of the bill (“Reversing the Youth Tobacco Epidemic Act of 2019,” H.R. 2339) would mean menthol cigarettes, flavored pipe tobacco and cigars, e-cigarette cartridges,…

Lawmakers on Maine’s Transportation Committee will hold a public hearing Thursday on LD 1981, “An Act Regarding the Regulation of Tiny Houses.” The hearing is scheduled for 1 p.m. in Room 126 of the State House. LD 1981 is a concept draft that would define what a tiny home is and classify tiny homes on wheels as trailers or camp trailers, allowing them to be titled and registered again after the Secretary of State sent a letter to municipal officials in 2019 ordering them to end the practice. Tiny houses are a relatively new phenomenon and are becoming a modern…

Maine’s Veterans and Legal Affairs Committee is holding a public hearing Wednesday on LD 1988, “An Act To Prohibit the Distribution of Deceptive Images or Audio or Video Recordings with the Intent to Influence the Outcome of an Election,” sponsored by Sen. Rebecca Millett of Cumberland. The public hearing is scheduled for 9 a.m. in Room 437 of the State House. LD 1988 would limit free speech by prohibiting individuals from publishing or distributing “materially deceptive audio and visual media” within 60 days of an election with the intent of influencing the outcome of the election. Under the bill, materially…

Maine’s Committee on Energy, Utilities and Technology is holding a public hearing Tuesday on LD 2021, “An Act To Provide Funding for Broadband Internet Infrastructure in Unserved and Underserved Areas.” The bill, sponsored by Sen. Erin Herbig, would send $15 million from the General Fund to the ConnectME Authority for the purposes of expanding broadband connectivity in rural Maine. The public hearing is scheduled for Tuesday, January 28 at 1 p.m. in Room 211 of the Burton M. Cross Building in Augusta. Expanding broadband access in Maine is an important public policy goal worth pursuing to ensure Mainers can compete…

Lawmakers on Maine’s Health and Human Services Committee will hold a public hearing Monday on LD 1984, “An Act To Eliminate Waiting Lists for Home and Community-based Services for Adults with Intellectual Disabilities, Autism, Brain Injury and Other Related Conditions,” a bill that would make it the official position of the state to end waitlists for disabled Mainers in need of health care services. One would think taking care of Maine’s most vulnerable citizens is already a priority of our leaders in Augusta, but Governor Mills on her first day in office declared expanding Medicaid to able-bodied adults without dependents…

Maine’s Committee on Agriculture, Conservation and Forestry held a public hearing Thursday on a bill that would eliminate needless bureaucracy for farmers looking to send their meat to market. The bill, LD 1889, “An Act To Protect the Products of Maine Farmers” sponsored by Rep. Scott Cuddy of Winterport, would fix a problem that plagued Souder Station Farm in Winterport last summer. Farm owner Randy Canarr nearly lost 100 pounds of bacon due to an “absurd” food safety rule after a third-party processor mislabeled his product. Initially, the Maine Department of Agriculture, Conservation and Forestry was going to bleach everything…

Organizations representing each New England state convened in Boston last week to voice their concerns about the Transportation Climate Initiative (TCI), a regional coalition of 12 states and Washington DC that seeks to reduce carbon emissions within the transportation sector by pricing carbon and placing an artificial cap on how much of it can be produced from transportation-related sources within the region. The TCI is a cap and trade program that would force fuel suppliers to purchase allowances for the carbon emitted by their fuel products. In effect, the TCI acts as a new 5 to 17 cent per gallon…

The Maine Legislature’s Appropriations and Financial Affairs Committee is holding a public hearing Tuesday, Jan. 21 at 1 p.m. in Room 228 of the State House on LD 341, “An Act To Authorize a General Fund Bond Issue for the Construction of a Convention Center in Portland.” The bill is sponsored by Rep. Andrew McLean of Gorham and co-sponsored by Reps. Michael Brennan and Michael Sylvester of Portland, and Teresa Pierce of Falmouth. LD 341, one of more than 270 bills carried over from the first session, proposes to borrow $150 million to build a convention center in Portland. If…

Members of the Maine Legislature’s taxation committee will hold a public hearing Tuesday on LD 1929, “Resolve, Establishing the Commission To Study Fair, Equitable and Competitive Tax Policy for Maine’s Working Families and Small Businesses.” The bill, sponsored by Rep. Ryan Fecteau of Biddeford and co-sponsored by members of the taxation committee, including Rep. Kristen Cloutier and committee chairman Rep. Ryan Tipping, appears to be a taxpayer-funded tax policy talking points memo for the upcoming election. LD 1929 is one in a long list of fake emergency bills admitted into the Second Session by Maine’s Legislative Council. The lack of…

Lawmakers on Maine’s Education and Cultural Affairs Committee are holding a public hearing Wednesday, Jan. 15 on LD 1894, “An Act To Incentivize the Purchase of Electric Public School Buses,” sponsored by Sen. Eloise Vitelli. LD 1894 was not carry over legislation originally submitted in the First Session of the 129th Legislature, but rather new legislation admitted into the Second Session by Maine’s Legislative Council. The Legislative Council is a 10-person committee of legislative leaders that votes on all Second Session bill requests to determine which proposals rise to the emergency threshold outlined in the Maine Constitution. According to Article…

On January 1, the state’s minimum wage and overtime exemption thresholds increased by more than nine percent. More specifically, the minimum wage was raised from $11 per hour to $12 per hour and the overtime exemption threshold grew from $33,000 to $36,000 annually. This means employers are now required to pay employees at least $36,000 annually in order to be exempt from paying them overtime. While the intent of these policies is to provide a “living wage” to lower-income Mainers, they come with unintended consequences. One of the unintended consequences of the minimum wage is the effect it has on…

In addition to resolutions, 2020 brings new changes to state and local laws. Some examples include an increase to the state’s minimum wage and overtime exemptions, a local polystyrene (Styrofoam) ban and a state ban on single-use plastic bags. Here’s a breakdown of what these new policies entail. On January 1, the state’s minimum wage increased from $11 to $12 per hour. The latest increase ties the state with Colorado and Arizona for the fourth highest minimum wage in the country. The only states that have a higher minimum wage are California ($13.00), Massachusetts ($12.75) and Washington ($13.50). While the…

In December, President Trump signed a $1.4 trillion spending package that included a provision to raise the legal age to purchase tobacco products from 18 to 21 years old. The change applies to all tobacco products, including cigars and e-cigarettes. The FDA also announced on Thursday that it is banning fruit and mint flavors in cartridge-based e-cigarettes. According to the United States Food and Drug Administration (FDA), this change is already in effect, making it illegal for retailers to sell tobacco products to individuals under the age of 21. The FDA said, “because the change simply increased the age limit…

Governor Janet Mills earlier this month released her 10-Year Economic Development Strategy for the state, the first undertaking since 1993. While well-intentioned, the plan outlines broad policy ideas for lawmakers to consider without any indication of how much they would cost or how they would be implemented. Some of the major goals include adding more than 75,000 individuals to our workforce, increasing wages by 10 percent and raising the value of products sold per worker by 10 percent. While these are goals worth pursuing, Mills’ economic development strategy is more a costly wish list than a realistic path forward. Maine Career Exploration…

On December 18, the United States Court of Appeals for the Fifth Circuit reaffirmed in a 2-1 decision that the individual mandate outlined in the Patient Protection and Affordable Care Act (ACA), also known as Obamacare, is unconstitutional. The individual mandate required individuals to purchase health insurance coverage or pay a penalty known as the “individual shared responsibility payment.” Americans were required to purchase insurance or pay a penalty to lower risk in the insurance pool and allow insurance companies to remain solvent. In addition, insurance companies couldn’t deny coverage to individuals with pre-existing conditions. Healthy individuals acted as a…

On Wednesday, the Commission on Governmental Ethics and Election Practices fined Governor Janet Mills’ inaugural committee $2,000 for continuing to accept donations 10 months after the deadline to cease fundraising. According to a 2015 law passed by voters at the ballot box, Mills’ inaugural committee could have faced up to $10,000 in fines for fundraising after the deadline. The law stipulates that an inaugural committee may only accept donations until January 31st of the year following the gubernatorial election. In addition, the committee may not receive contributions from lobbyists or their employers during the legislative session. Further, the law requires…

The Transportation and Climate Initiative (TCI), a regional collaboration of 12 Northeast and Mid-Atlantic states and the District of Columbia, released a draft Memorandum of Understanding (MOU) for participating jurisdictions and the public to review. The states that comprise the collaboration include Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont and Virginia. The goal of TCI is to reduce carbon emissions in the transportation sector by capping emissions and incrementally lowering the cap across the region. According to the US Energy Information Administration (EIA), approximately 43 percent of carbon emissions in the region come from the transportation…

On October 8, 2019, the Office of Aging and Disability Services (OADS) released their quarterly update regarding enrollment numbers for Section 21 and Section 29 programs. These are waiver programs that provide home and community-based services to individuals with intellectual and developmental disabilities — Maine’s most vulnerable citizens. According to the OADS, Governor Mills’ first biennial budget provided funding for an additional 167 people in fiscal year 2020. Despite needing this assistance most, these individuals are often some of the last to receive services. While Mills’ budget provided some additional funding, there were still approximately 1,600 individuals waiting for Section…

A new law that changes how workers are classified in the “gig economy” will become effective in California next month. Assembly Bill 5 (AB5) codifies the three pronged “ABC test” that was established in the 2018 California Supreme Court case, Dynamex West Inc. v. Superior Court of Los Angeles, to determine whether a worker is considered an employee of a company or an independent contractor. Under this test, workers are considered employees unless their employer can prove: The worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under…

On October 23, Maine’s Legislative Council voted to advance LR 3100, a legislative request that would prohibit public employers from accessing “private communications” between unions and their members. The vote was divided along party lines, with six Democrats voting in favor and four Republicans voting in opposition. The Legislative Council is a 10-member body comprised of legislative leadership that is charged with deciding which legislative requests are accepted to move forward for consideration by a legislative committee in the second session. While LR 3100 might sound like well-meaning legislation, it would likely prevent public employers from accessing communications that are…

In June, Gov. Janet Mills signed LD 945, a resolve that created the Blue Ribbon Commission To Study and Recommend Funding Solutions for the State’s Transportation Systems. The 15-member commission is charged with making recommendations on how to sustainably fund the state’s highway and bridge projects and fix the funding gap that currently exists. According to Bruce Van Note, the Commissioner of Transportation, the annual shortfall sits at approximately $232 million. The committee’s findings and recommendations are scheduled to be submitted to the Committee on Transportation by December 4, 2019 for review. Maine’s Highway Fund is the primary funding source to construct, reconstruct and…

Last month, Maine’s Legislative Council allowed LR 2765, “An Act To Enact Restrictions on Electronic Smoking Devices,” to proceed to a legislative committee for consideration in the second session. According to the bill summary (no actual bill language has been released), this legislative request would require individuals to obtain a prescription from a doctor as part of a smoking cessation program in order to obtain an electronic smoking device, and only after the smoking devices receives approval from the federal Food and Drug Administration (FDA). In other words, this legislative request would limit vape and e-cigarette use to individuals who…

Earlier this year the legislature passed LD 1324, a bill that creates an 11-person committee to study the feasibility of implementing basic income security policy in Maine. The committee is tasked with examining and making recommendations on Maine’s ability to provide direct cash payments, and other forms of assistance, to help make Maine families and individuals more economically secure. Some examples include universal basic income (UBI) programs, tax credits and rebates and targeted direct cash payment programs. This article focuses solely on what the implementation of a UBI would look like in Maine. According to LD 1324, the committee is required…

On Monday, Portland City Councilors voted unanimously to put a measure on the March 3, 2020 ballot that would allow voters to decide whether the city will elect their city councilors and school board members by ranked-choice voting. The city has used the ranked-choice voting system for mayoral elections since 2011, though it was only triggered in the 2011 and 2019 elections. In 2015, Mayor Strimling avoided an instant run-off when he received 51 percent of the vote.  Ranked-choice voting is an electoral system whereby voters rank their candidates based on preference. If none of the candidates receive more than…

During the First Session of the 129th Legislature, Rep. Seth Berry introduced LD 1646, a bill that would create a consumer-owned transmission and distribution utility by forcibly consuming assets and operations of Emera Maine and Central Maine Power (CMP). When private companies are ordered to transfer their assets to the government, it is called municipalization. While the First Session of the 129th Legislature adjourned in June, LD 1646 was carried over and will be debated when lawmakers return to Augusta in January. The consumer-owned utility, known as the Maine Power Delivery Authority, would be governed by a 10-member board appointed by…

The Portland City Council voted Monday night to postpone consideration of a proposal to ban city employees from obtaining, retaining, accessing or using facial recognition technology, or information provided by facial recognition technology. Facial recognition technology has already been deployed across the country and is being used by law enforcement and other government entities for security and other purposes. This technology uses biometrics to map facial features and find unique patterns on an individual’s face — this video gives a more detailed explanation of its capabilities. For example, it may measure the distance between an individuals’ eyes or the length…

In Maine and 12 other states, local governments have the ability to steal the equity you’ve built in your home or property over unpaid taxes. Imagine owing $8,000 in unpaid property taxes to a municipality and they foreclose on your home. After the government forecloses, they oftentimes sell the home at auction and could obtain more in the sale than what was owed in property taxes. For example, they could sell a house for $40,000 after foreclosing for $8,000 owed in unpaid property taxes. The difference between the amount owed in taxes and amount received through the transaction is known…

It’s no secret that the fees and requirements necessary to obtain an occupational license are barriers to entry that bar many professionals from working in their desired field. In 1950, only five percent of the country’s workforce required a license to perform their work. Nearly 70 years later, that figure has grown and now consumes an estimated 25 percent of America’s workforce. Put simply, licensing regimes created by state legislatures and enforced by government bureaucrats have expanded exponentially since their inception. Advocates and individuals who practice in licensed fields claim licensure is necessary to preserve the health and safety of…

In 2015, the Government Accounting Standards Board (GASB) released Statement Number 77, advising local and state governments to disclose the amount of revenue lost from tax abatements. Tax abatements are agreements between the government and an individual or entity whereby the government agrees to collect less tax revenue in exchange for actions that contribute to economic development. For example, state government might give a tax abatement to a company in exchange for creating a certain number of jobs in the state. According to Good Jobs First, a national policy resource center that promotes corporate and government accountability in economic development,…

In 2018, the Supreme Court of the United States ruled that requiring public-sector workers to pay dues or fees to a union without affirmative consent violates their First Amendment rights. In other words, the ruling in Janus v. AFSCME prohibited public-sector unions from collecting compulsory payments from workers. Since that time, public unions have relied on their allies in state legislatures across the country to bolster their control over public sector workers and undermine the Janus decision. Conversely, workers have taken a stand against their unions, through opt-outs and litigation, to try and gain control over their own employment. Source: The Commonwealth Foundation In August 2019,…

On Tuesday, Portland residents went to the polls to cast their ballots to determine who will carry the progressive baton up Munjoy Hill. Since 2011, the City of Portland has used ranked-choice voting to elect their mayor — a system whereby voters rank candidates based on preference and the lowest vote-getters are eliminated, until a candidate receives 50 percent or more of the remaining votes. The four candidates vying for mayor were Spencer Thibodeau, Kathleen Snyder, Ethan Strimling and Travis Curran. None of the four candidates received an outright majority of the 18,100 votes that were allocated to candidates in…

The following letter was submitted by The Maine Heritage Policy Center to the Transportation and Climate Initiative regarding the draft framework it released in early October. The Maine Heritage Policy Center is opposed to the proposal released by the Transportation and Climate Initiative (TCI) on October 1, 2019. Not only is this proposal anti-free market, but it would be harmful to consumers of diesel fuel and gasoline in Maine. The proposed “cap-and-invest” program would undoubtedly raise the cost of gasoline and diesel fuel for Mainers. While fuel suppliers would be burdened with purchasing allowances in the artificial marketplace created by…

Over the last few months, the debate regarding the future of Auburn’s Agriculture and Resource Protection Zone (Ag Zone), which comprises 40 percent of the city’s land (>20,000 acres), has become a major point of contention among local candidates, land owners and taxpayers. According to the zoning ordinance, property owners within the Ag Zone must own a minimum of 10 acres and earn 50 percent or more of their household income from agriculture or forestry in order to build a home on their land. The purpose of these regulations are to ensure the land within the Ag Zone is used…

In June 2010, under Governor John Baldacci, eleven states and the District of Columbia began collaborating on the Transportation and Climate Initiative (TCI). The goal of TCI is to reduce carbon emissions from the transportation sector and develop the clean energy economy in participating jurisdictions. According to a report from the Maine Interagency Climate Adaptation Work Group, the transportation sector was responsible for 52 percent of all Maine greenhouse gas emissions in 2015. Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and Virginia are currently participating in the TCI, though Maine has not formally joined the arrangement. …

This summer, Alaska Attorney General Kevin Clarkson released a formal opinion that said the state is not in compliance with the United States Supreme Court ruling in Janus v. the American Federation of State, County and Municipal Employees (AFSCME). The formal opinion was issued via a request from Alaska Governor Mike Dunleavy to ensure Alaska’s current process for collecting dues from employees’ paychecks is in compliance with the Janus decision. The Janus ruling established that public sector workers cannot be required to pay dues or fees to a public-sector union without first giving affirmative consent for the funds to be…

In an attempt to curb the effects of climate change, state governments across the nation have adopted renewable portfolio standards (RPS). The purpose of these standards is to mandate that a certain percentage of retail electricity originates from renewable resources. In addition, the RPS serves to diversify states’ energy portfolios, thereby reducing overall reliance on fossil fuels. According to the National Conference of State Legislatures, 29 states and the District of Columbia have adopted RPS requirements and eight states have created renewable energy goals. In 1999, Maine’s Public Utility Commission (PUC) adopted specific rules that required electricity providers to supply at least 30 percent…

Maine is currently the oldest state in the nation and is experiencing a labor shortage. According to the U.S. Census Bureau’s American Community Survey, 5-year estimate, Maine’s median age is over 44 years of age. A 2018 report from the Maine State Economist estimates Maine’s working population (20-64) will decrease by six percent by 2026. The report stated, “for Maine to continue seeing economic growth, population growth and in-migration of workers must accelerate.” Of course, accomplishing this goal will be the most challenging part of putting Maine on a path to economic growth and prosperity. However, there are viable solutions…

They’re at it again. On September 27th, lawmakers were required to submit all of their legislative requests to the Revisor’s Office to ensure they would be considered by the Legislative Council, a 10-person body made up of all the elected members of legislative leadership in the State House. For a legislative request to be considered in the Second Session, it must receive the affirmative vote of six members of the legislative council. This year, nearly 400 requests were submitted for the council’s consideration. When the Legislative Council convenes, they can approve or deny those legislative requests before they are assigned…

The internet in Maine is getting faster and easier to use than ever before. But recent improvements in Maine are at risk of coming to a halt due to heavy-handed regulation by the federal government. Companies are investing in Maine to expand high-speed internet to 650,000 homes and businesses across the state. This internet expansion will boost the economy of Maine for years to come and help close the digital divide. Expanded broadband access in Maine is opening up new opportunities from distance learning to telehealth. Mainers, particularly those in rural areas, understand the value that broadband access can bring to…

Last session, lawmakers considered LD 218, a bill that would have prohibited Maine Clean Election Act candidates from soliciting, accepting or collecting seed money or qualifying contributions within 250 feet of a voting place, as well as within the voting place itself. Here’s a refresher on which political contributions were being targeted in this bill. Under the Maine Clean Election Act (MCEA), candidates are allowed to accept limited “seed money contributions” at the beginning of their campaigns. These contributions can only be accepted from individuals and are required to be less than $100 per contributor. The sum of these contributions…

News outlets across the state last week reported that some signers of the petition advancing a people’s veto of LD 798, the law that eliminates philosophical and religious exemptions to mandatory vaccinations, were misled to believe they were signing a petition to support mandatory vaccinations. While this conduct should certainly be frowned upon if true, this isn’t the first time that the secretary of state has received complaints of this nature, nor will it be the last. According to Secretary of State Matt Dunlap, requests to remove signatures from petitions are made on “almost every [petition] drive.” To date, the…

When she addressed the United Nations earlier this week, Governor Janet Mills announced that she signed an executive order stating Maine would be carbon neutral by 2045. To achieve this policy goal, there would need to be a net-zero release of carbon emissions into the atmosphere, meaning Maine would need to balance its emissions with carbon removal processes. While this is certainly a noble goal, it should not be achieved through government intervention and new mandates.  In her executive order, Governor Mills released little information about how the state would become carbon neutral. Instead, she relied solely on the Maine…

When the legislature adjourns from session, all non-emergency legislation that was passed becomes effective 90 days thereafter. However, Article IV, Part Third, Section 17 of the Constitution of Maine gives voters the ability to veto legislation that was passed by the legislature but has not yet become law during the 90-day window. In this process, petitioners are required to gather a number of signatures equivalent to 10 percent of the votes cast in the last gubernatorial election. This time around, petitioners were required to collect no less than 63,067 signatures, or 10 percent of the 630,667 votes that were cast for a candidate…

Tiny houses are a relatively new phenomenon and are becoming a modern lifestyle choice for individuals and families who enjoy simple living at an affordable price. However, government is putting this lifestyle in jeopardy with unaccommodating regulations that threaten the success of small businesses in Maine. According to a letter sent over the summer from the Maine Secretary of State to municipalities, town officials are no longer allowed to register, assign vehicle identification numbers, or title tiny homes in Maine. Now, in order to move a tiny home, owners must obtain a one-time transit permit from the Secretary of State…

The Constitution of Maine explicitly states all bills passed by the legislature become law 90 days after adjournment. That means all non-emergency bills passed in the First Regular Session will officially become law on Thursday, September 19th, 2019. The legislature managed to pass 530 new laws before they adjourned — a 70 percent increase from the 128th Legislature’s First Regular Session. Here are some laws that will affect Mainers when they take effect on Thursday: Chapter 58: This new law allows municipalities to use sequential capital letters to label ballot questions instead of using numbers. This will alleviate confusion for voters who might see…

Governor Mills’ first move in office was to sign an executive order expanding Medicaid to more than 70,000 Mainers. Maine voters approved Medicaid expansion at the ballot box with nearly 59 percent of the vote in 2017. With concerns about how expansion would be funded and whether it would be financially solvent, Governor LePage delayed implementation until the end of his term in January 2019. Since Governor Mills signed the executive order when she took office in January, more than 37,000 individuals have enrolled under expansion. According to the Maine Department of Health and Human Services (DHHS), adults without children…

On September 19th, many bills passed during the First Regular Session of the 129th Legislature will become law. While several of these laws will affect the day-to-day life of Maine citizens, one new law in particular is receiving the most attention. LD 165 will prohibit drivers from using their cell phones or other handheld electronic devices while driving. Maine currently has a law on the books that prohibits texting while operating a motor vehicle. However, law enforcement says its difficult to discern texting violations from other uses that are not currently prohibited by state law. LD 165 would ban the…

Last month, Alaska Attorney General Kevin Clarkson released a formal opinion that said the state is not in compliance with the United States Supreme Court ruling in Janus v. the American Federation of State, County and Municipal Employees (AFSCME). This formal opinion was issued via a request from Alaska Governor Mike Dunleavy to ensure Alaska’s current process for deducting dues from employees’ paychecks is in compliance with the Janus decision. The Janus ruling established that public sector workers cannot be required to pay dues or fees to a public-sector union without first giving affirmative consent for the funds to be…

Hundreds of bills failed to become law in the First Regular Session of the 129th Legislature. Among them was LD 438, a proposal to remove the temporary cap of 10 on the number of public charter schools permitted to operate in Maine. The cap on public charter schools was supposed to expire on July 1, 2022, but removing it before the deadline was the preference of thousands of students and parents across the state who enjoy school choice or wish to enroll their child(ren) in one of these institutions. Unfortunately, the legislature decided to go in the opposite direction and…

Last week, Governor Janet Mills announced that Maine will pursue a state-based health insurance marketplace using the federal IT platform (SBE-FP). A health insurance exchange is a virtual marketplace where consumers and businesses can shop for and purchase health insurance coverage. For the last five years, Maine has relied upon the federally facilitated exchange (FFE) to maintain a health insurance marketplace. According to Governor Mills, a switch to the SBE-FP model would give the state more control over marketing, education and outreach while continuing to use Healthcare.gov, the federal IT platform, as the website for consumers to shop for and…

This week, Portland city officials notified Fair Elections Portland, a pro-ranked-choice voting group, that they did not acquire enough signatures for their ranked-choice expansion initiative to qualify for ballot access. The group ultimately fell 76 signatures short of achieving access to the city’s ballot. If the initiative had made it on the ballot in Portland, voters would have had the opportunity to decide on expanding ranked-choice voting to city council and board of education elections. Portland currently uses ranked-choice voting for mayoral elections. Originally, the group turned-in more than 8,000 signatures for the ranked-choice expansion initiative, more than the 6,816…

The Maine Legislature reconvened on Monday to consider four bond proposals that failed to garner enough votes for passage in the first session. Three of the four bond proposals received little support from Republican lawmakers and ultimately failed in both chambers. In response, Senate President Troy Jackson decided to run LD 1083 towards the end of the special session, a bill that would implement ranked-choice voting for presidential primary and general elections in Maine. For context, the bill had already been passed in the Maine House of Representatives before the legislature adjourned in June and only needed to be enacted…

It’s no secret that Maine state government’s primary sources of revenue are generated through the individual income tax and sales tax. According to the latest revenue forecast, Maine is projected to collect $1.77 billion from the individual income tax in 2020 and $1.85 billion in 2021. In other words, income tax revenues comprise nearly half of all funding that is used for the general operations of state government. This is a stark contrast from New Hampshire, a state that has resisted the urge to tax the income of its residents to feed state coffers. In fact, New Hampshire Governor Chris…

Earlier this week, Governor Janet Mills issued a proclamation calling the Maine Legislature back to Augusta for a special session to consider her bond proposals. The four bond bills total $163 million and would pay for “transportation, infrastructure and economic development, environmental protection, and land conservation.” While the legislature should have included these items in the nearly $8 billion biennial budget passed in June, this isn’t the only reason why new borrowing at this time would be irresponsible. The purpose of a general obligation bond is to pay for long-term projects that generations of Mainers will be able to enjoy. While bonds…

Conservatives are often accused of favoring wealthy individuals and corporations over those in poverty. While some social welfare programs are undoubtedly doing more harm than good for Mainers, corporate welfare programs that give tax breaks to large corporations are also ineffective and should not be created by government at any level. According to the Portland Press Herald, IDEXX is slated to receive up to $16 million in tax breaks for opening their new Westbrook headquarters this year. The company will receive $800,000 in tax credits annually over a 20-year period. To qualify for the Major Business Headquarters Expansion Program, IDEXX…

Governor Janet Mills issued a proclamation Monday calling the legislature back to the State House for a special legislative session to consider her revised bond package. The special session is scheduled for Monday, August 26 at 10 a.m. According to the governor’s press release, the legislature will consider four separate bond bills for transportation, broadband, environmental protection and land conservation that will total $163 million — $76 million less than the bond package she originally proposed in June. The original bond package cost $239 million and was a single bill that addressed infrastructure, broadband, economic development, climate change and land…

When Portland City Councilors approved the city’s budget in May, it included a new manufacturing license for breweries, wineries and distilleries that would cost manufacturers $2,000 if they produce more than 50,000 gallons of alcohol and $250 for those who make 50,000 gallons or less. City Councilor Kimberly Cook does not recall the new license requirement and fees being discussed by the entire city council and believes they merit further consideration. To that end, she made an emergency request to delay implementation of the license and fees in order for the city to debate the matter more thoroughly. A measure…

When it comes down to it, Maine is an amazing place to live and raise a family. The large blue sign you see upon entry to the state isn’t a stretch; Maine really is the way life should be. However, the forces at work in the legislature and state government pose a serious threat to the inhabitants of the Pine Tree State. Whether it is the anti-prosperity attitude emanating from lawmakers or the bureaucrats who want over-regulate the simplest aspects of life, there is no denying that state government is making it exceedingly difficult to enjoy what Maine has to…

The state of Maine currently prevents employees who work in the public-sector from using a common instrument in the organized labor toolbox — the ability to strike. However, the law that prevents public-sector employees from going on strike could change when the legislature reconvenes to consider emergency legislation and all other bills that were carried over into the second session. LD 900 would give public sector employees the right to strike with limited exceptions. The only public-sector employees who would be prevented from striking are those whose job it is to protect public safety, namely police officers and firefighters.  According…

The Maine Legislature next session will consider another bill that would be harmful to Maine’s small business community and employers across the state. Instead of killing the bill, LD 402, in committee, lawmakers carried it over for further debate despite significant opposition. According to testimony presented at the public hearing, every representative of a small business present testified in opposition to the bill. In contrast, only union representatives and liberal special interest groups, such as the Maine People’s Alliance, supported the bill. LD 402 would annually raise the minimum salary an employee who works in an executive, administrative or professional…

Last month, New Hampshire Governor Chris Sununu vetoed a two-year state budget because it would have reversed the direction of his state from four years of fiscal restraint and prosperity to a lack of economic growth and a large fiscal deficit. The budget would have increased the business profits tax back to 7.9 percent after Governor Sununu and lawmakers worked to schedule reductions to 7.5 percent by 2021. The business profits tax is assessed on profits from business activity conducted in the state. In January 2019, the tax was decreased to 7.7 percent to help new Hampshire businesses grow. Liberal…

There has been quite a bit of debate in recent years about whether too much is spent on school administration within Maine’s education system. Former Governor LePage crusaded for school regionalization during his tenure, arguing that there are too many superintendents and administrators on the payroll in our public schools. On the other hand, the Maine School Management Association and their allies say superintendent salaries are less than one percent of K-12 education spending and that schools need leadership to function properly. In order to verify or disprove these claims, one must examine the financial data from each school district.…

Lawmakers and special interests always seem to title their bills with buzzwords that make them sound like they are going to save humanity. H.R. 1644, otherwise known as the “Save the Internet Act of 2019,” is no different. It’s an attempt to restore net neutrality rules and the legal framework to regulate Internet Service Providers (ISPs) across the country. The bill passed in the United States House of Representatives in April with 232 votes in favor and 190 in opposition. The Save the Internet Act would allow the Federal Communications Commission to regulate internet service providers like they are utility…

The Maine Legislature is slated to debate more than $2.1 billion in bonds when they reconvene next session, a staggering figure when consider the level of spending recently approved in the biennial budget (a list of all the bonds carried over to the second session can be found here). However, the bond bill receiving the most attention is LD 1836, which would, if approved, introduce a bond question to the public on the issues of infrastructure, economic development, workforce development, energy and the environment. The grand total for these initiatives would be $239 million: $105 million for transportation infrastructure$65 million…

In their first year at the helm of state government, Governor Janet Mills and the 129th Maine Legislature managed to increase state government spending by over 10 percent and ban a plethora of legal products for the “good of society.” One of the most important questions after the legislative session is whether or not Governor Mills lived up to her pledge not to raise taxes on Mainers in her first two years. While she was able to tame legislative Democrats and dodge individual income tax increases, the governor did approve a tax increase on a small segment of Mainers. On…

Yesterday, Governor Janet Mills announced that her administration has urged the federal government to provide financial aid to municipalities and organizations that are supporting asylum seekers in Maine. In addition, the Department of Health and Human Services is enacting an emergency rule change to allow asylum seekers to be eligible for General Assistance if they provide evidence that they are taking “reasonable good faith steps” to apply for immigration relief. Prior to this change, asylum seekers needed to provide proof they submitted an asylum application to federal authorities. In her announcement, Governor Mills argued that asylum seekers would benefit Maine’s…

Last week, Governor Matt Bevin gave the keynote address at The Maine Heritage Policy Center’s 2019 Freedom and Opportunity Luncheon. In his speech, Governor Bevin talked about his background, accomplishments and the new reforms he’s helped advance in the Commonwealth of Kentucky. Governor Bevin and his administration have been successful in passing common-sense policies such as right-to-work while also reducing red tape, repealing the prevailing wage and the launching an apprenticeship initiative that expands opportunity in his state. Most notably, Governor Bevin started the Red Tape Reduction Initiative, a movement to review, update or eliminate costly, ineffective or outdated regulations.…

In 2005, the United States Congress passed the REAL ID Act, with the purpose of establishing “minimum security standards for license issuance.” The Act was recommended by the 9/11 Commission and set standards for states to issue state IDs or driver’s licenses to their residents. The state of Maine was initially opposed to the idea of complying with the REAL ID Act. In response, the state legislature passed LD 1138 to prevent Maine from complying with the REAL ID Act in 2007, primarily due to concerns about it being an overreach by the federal government. This sentiment wasn’t unique to…

The first session of the 129th Legislature adjourned in mid-June, making it critical to examine what exactly our lawmakers accomplished in 2019. This is the first session that Maine people have seen the governor and both chambers of the legislature controlled by one party since 2010. Here is what the Maine Legislature passed in 2019 to raid your wallet, restrict your liberty and undermine free markets. Government Overreach LD 264: “An Act Regarding the Taking of a Blood Sample from an Operator of a Motor Vehicle Involved in a Fatal Accident” This new law will extend the ability to draw…

After the First Regular Session of the 129th Maine Legislature came to a close, Governor Janet Mills vetoed two bills that would have expanded the scope and power of organized labor in the state. These are two of just seven bills the governor has vetoed thus far, which pales in comparison to her predecessor. Former Governor Paul LePage issued far more vetoes than the previous 19 governors combined over his eight year tenure. In her veto message for LD 1177, Governor Mills picked apart the bill, which would have required binding arbitration for the salaries, pensions and insurance of public-sector…

In a utopian society where there is no ill will or mistakes made in document processing, an automatic voter registration system might be a feasible idea. It is no secret that voter turnout in the United States hovered around 50 percent in 2018 and lags behind other countries overall. However, Maine does considerably better in turning out voters than the country as a whole, with over 60 percent turnout in 2018. While there is still room for improvement, the automatic voter registration system proposed in LD 1463 and signed into law by Governor Mills on Wednesday would automatically register individuals to vote if they interact…

On May 14th, the Maine Senate took the first step to allocate Maine’s four Electoral College votes to the presidential candidate who receives the most votes nationwide. Fortunately, the Maine House responded two weeks later on May 30 by rejecting the proposal 76-66. The bill now awaits further votes in both chambers unless the Senate elects to recede and concur with the House, effectively killing the bill. LD 816 would add Maine to a compact of states that have passed similar legislation to award their electoral votes to the winner of the national popular vote. However, the bill would not take effect until…

The Maine House on Tuesday voted to approve a bill that would simplify the wording of ballot questions to make them easier to understand for Maine voters. The bill, sponsored by Rep. John Andrews of Paris, evolved during negotiations in the Veterans and Legal Affairs Committee but would measurably improve Maine’s ballot initiative process if signed into law. As originally written, LD 534 required all ballot questions to be written at a sixth-grade reading level and “unambiguously state what the effect of a “yes”or “no” vote may have.” As amended, the bill instead orders the Secretary of State to write…

This week, lawmakers on Maine’s Energy, Utilities and Technology Committee will hold a public hearing on LD 1742, a bill sponsored by Rep. Nathan Wadsworth that would change the rules under which the ConnectME Authority awards grants and remove a portion of law that requires communications service providers to contribute up to 0.25 percent of revenues to the ConnectME Fund. LD 1742 prioritizes public investment in broadband expansion in unserved and underserved areas of Maine. The bill defines unserved areas as a census block (or group of census blocks) without access to minimum broadband speeds of 25 megabits per second…

The Committee on Innovation, Development, Economic Advancement and Business heard several bills last week that would cost Maine millions to provide students with a debt-free postsecondary education. The proposals included plans to issue bonds for the payment of student debt, provide one-time funds to the Maine State Grant Program and cover student tuition for Maine residents. This article will focus primarily on LD 1445, sponsored by Representative Heidi Brooks, which would establish the Debt-free Educational Opportunities for Maine Residents program. The program would be administered by the Finance Authority of Maine (FAME), an organization that was created in 1983 and currently provides higher education grants to…

Since Governor Janet Mills released her biennial budget proposal in February, the fiscal landscape in Maine has changed significantly. The Governor’s initial plan proposed spending more than $8 billion over the next two years while leaving just a $383,000 cushion to protect Maine taxpayers and the Budget Stabilization Fund (rainy day fund) in the event of an economic downturn. First, lawmakers passed a supplemental budget which, coupled with the governor’s proposal, put Maine roughly $5 million in the red by fiscal year 2021. Because Maine’s budget must be balanced, lawmakers could not move forward with the governor’s original plan as…

The First Session of the 129th Maine Legislature has been filled with proposals that would harm the financial well-being of Mainers and small businesses alike. LD 1410, a paid family and medical leave proposal sponsored by House Speaker Sara Gideon, is just one example of lawmakers’ propensity to tax and spend instead of exploring free-market solutions that would actually benefit Mainers. LD 1410 would impose a new payroll tax on the working class in Maine and reduce productivity in small businesses to establish a paid medical leave program administered by the Maine Department of Labor. To be clear, a new payroll…

Lawmakers are considering a flurry of ballot initiative reforms this session, from requiring signatures to be collected in both congressional districts to printing fiscal impact statements directly on the ballot, and everything in between. But one of the most impactful proposals put forward this session is LD 1669, sponsored by Rep. Beth O’Connor, which would amend the Maine Constitution to prevent unconstitutional initiatives from appearing on the statewide ballot. Currently, the Office of the Secretary of State is the only entity with oversight of ballot initiatives. To achieve ballot status, the language of an initiative must conform to normal bill…

This session, lawmakers in the Maine Legislature are considering a pair of bills that aim to increase access to higher education in Maine by spending tens of millions of dollars at the state level to further subsidize students’ postsecondary schooling. One bill, LD 461, would appropriate $90 million in one-time funds over the biennium to the Finance Authority of Maine to provide additional assistance to students under the Maine State Grant Program. The other, LD 1445, seeks to provide debt-free college to students who are enrolled at least part-time at a public college or university in Maine. The Finance Authority…

It’s no secret that our state is inhospitable – to put it mildly – to business. Our citizens face one of the highest tax burdens in the entire nation and we impose a maze of regulations that make it difficult to earn a living in Maine. Why then would we pursue legislation that further weakens our competitiveness by banning emerging technologies that are innovating the way we do business? The state and its many subdivisions have already taken action against (or are actively exploring ways to take action against) sharing economy platforms. Next on the list is autonomous vehicle technology.…

Quite often we hear politicians and special interests say that the quality of a child’s education should not be determined by his or her zip code. This is most commonly followed by calls for hundreds of millions of dollars in additional state funding for public education which, according to these entities, is the only way we can improve our schools. But the best way to ensure the quality of a child’s education is not determined by zip code is to give families school choice – the opportunity to choose at which school a child will receive an education. This flexibility…

Lawmakers on Maine’s Education and Cultural Affairs Committee on Monday held a public hearing on LD 665, sponsored by Rep. John Andrews, a bill that would reaffirm the First Amendment rights of students, organizations and guest speakers at all public universities in Maine and prevent these institutions from establishing “free speech zones” that are used to restrict the right of free expression. Freedom of speech is a cornerstone of academic freedom, but in recent years it appears as though this value has been lost in higher education. Speakers on both sides of the ideological spectrum and everywhere in between have…

Are you a public employee? Public sector labor unions in Maine want access to your personal information, regardless of whether you’re a member of the union. They would be granted exclusive access to this information under LD 1451, a bill sponsored by Rep. William Pluecker that would give this information to unions without giving you an opportunity to opt out of the disclosure. Make no mistake, LD 1451 is being introduced in response to the Supreme Court’s decision in Janus v. AFSCME that struck down “fair share” or agency fees and gave public employees a choice whether to financially…

It has not been difficult to find bills this legislative session that would be harmful to businesses or consumers in Maine. One such bill is LD 1532, sponsored by Rep. Holly Stover, which seeks to ban plastic bags in Maine and impose a fee on the use of paper bags. The measure is scheduled for a public hearing before the Environment and Natural Resources Committee on Wednesday, April 24 at 10 am. While the goals behind this bill are certainly laudable, LD 1532 would hurt consumers and do little to help the environment, and the language of the bill is…

Maine is one of a small handful of states that still impose so-called “blue laws,” or prohibitions on certain activities on Sundays or major holidays that prevent specific businesses from opening for religious purposes. A bill with bipartisan support in the legislature this session would allow municipalities to exempt local establishments from Maine’s blue laws, specifically grocery stores with up to 10,000 square feet of selling space. Lawmakers on the Innovation, Development, Economic Advancement and Business Committee on Thursday held a public hearing on LD 15, sponsored by Rep. MaryAnne Kinney and cosponsored by Sen. Erin Herbig, a bill that…

There has been plenty of legislation proposed this session that would increase taxes on Maine citizens, including new taxes on heating fuel, carbon, gasoline, diesel fuel, tobacco, alcohol and much more. This makes it refreshing when lawmakers consider legislation that would actually reduce taxes; these bills seem few and far between this session. Lawmakers on the Taxation Committee today will hold a public hearing on LD 1292, a measure that proposes to reasonably and incrementally decrease all state individual income tax rates over three years, with the largest cuts going to earners in the bottom income tax brackets. The bill…

Lawmakers on Maine’s Taxation Committee on Thursday, April 11 held public hearings on two bills that would increase so-called sin taxes in Maine to curb tobacco and alcohol use among our citizens. LD 1028 would significantly increase taxes imposed on tobacco products to provide additional funding for smoking cessation programs while LD 1070 aims to reduce the number of domestic assaults and suicides in Maine by increasing the excise and sales tax on alcohol. It’s admirable to want to reduce tobacco addiction and the number of domestic assaults and suicides; not only are these complex societal issues but they are…

Occupational licensing exists to protect public health and safety in professions that pose measurable risk to consumers. However, as we’ve highlighted before, licensing has gone overboard in Maine. The state enforces rules that simply do not make sense and licenses dozens of occupations where there is no serious threat to the public. In these instances, licensing exists as a form of protectionism, allowing licensed professionals to charge more for their services while making it significantly more difficult for individuals to enter the profession. But instead of eliminating onerous rules to empower Maine workers, lawmakers in Augusta continue to defend occupational…

Roads across Maine are in rough shape this time of year, and a lot of attention has been paid to the conditions of our roads in recent weeks. I mean a lot. The Bangor Daily News even made a map of nearly 200 potholes in Bangor, and the city’s public works department patched them all within 24 hours. While we can all likely agree we should take better care of our infrastructure, some of the legislative proposals to address the issue would steer Maine in the wrong direction. This includes LD 1157, a proposal to impose a seasonal gas tax…

Medicaid expansion enrollment under Governor Janet Mills is taking off – almost 16,800 individuals have enrolled to receive Medicaid benefits under the new eligibility requirements. The Manatt report cited by Governor Mills in her State of the Budget Address expects just over 70,000 people to enroll by fiscal year 2021 and a cost to the state of $159 million over the biennium. Despite this, Governor Mills in her biennial budget proposed to dedicate approximately $147 million to expansion over the biennium, and to stash away $29 million in a Medicaid reserve account to pay for potential cost overruns. When Medicaid…

Lawmakers on the Health and Human Services Committee yesterday held a public hearing on a bill, sponsored by Rep. Beth O’Connor, that would implement the waiver approved by the federal government allowing Maine to impose work requirements within its Medicaid program. The bill, LD 891, would allow the state to require able-bodied Medicaid recipients to work, volunteer or go to school for 20 hours a week, pay up to $40 in monthly premiums and pay $10 for emergency room visits in order to maintain Medicaid coverage. In December 2018, before former Gov. Paul LePage left office, the federal government approved…

Lawmakers on the Veterans and Legal Affairs Committee on Wednesday considered a bill that would allow political parties in Maine to hold presidential primary elections, rather than a caucus, and would expand the use of ranked-choice voting (RCV) to presidential primary and general election. Expanding ranked-choice voting would be mistake, as our experience with this voting method has shown the system does not live up to the many positive claims made by its supporters. For one, RCV exhausts ballots, removing voters from the final vote tally. Excluding overvotes and undervotes, ballot exhaustion occurs in a RCV election when a voter…

Lawmakers frequently pursue legislation under the guise of improving Maine’s economy and attracting people to our state, but rarely is legislation enacted that meaningfully achieves either goal. Oftentimes these efforts to boost economic activity and address the state’s demographic woes feature dumping more money into ineffective programs (or whole government departments) to ensure we have “the best” health care or education. However, this type of spending rarely yields positive results. Fortunately, legislators have an opportunity this session to fundamentally strengthen Maine’s economic standing by returning surplus government revenues to taxpayers in the form of tax cuts. Given the gains Maine’s…

The estate tax, often referred to as the “death tax,” is assessed by the government when property exchanges ownership after the original owner’s death. Maine’s estate tax exemption is $5.6 million, meaning if the value of an inherited estate is less than this amount, the state does not enforce the tax on the change in ownership. Under current law, the exclusion amount also receives an annual adjustment for inflation. For estates of descendants dying on or after Jan. 1, 2019, the exclusion is $5.7 million. After the death of a loved one, a family is sometimes forced to sell their…

In 2013, former Maine Gov. Paul LePage established the Maine Open Checkbook website to give Mainers a more transparent view of the State of Maine’s finances and government spending. The website was the first of its kind to be run by the state and provided Maine taxpayers with publicly accessible and up-to-date expenditure and employee compensation data. While establishing Maine Open Checkbook was an important first step to take, there’s more Maine can do to make its government open and transparent to state taxpayers. This week, lawmakers on Maine’s Committee on State and Local Government held a public hearing on…

Lawmakers on the Veterans and Legal Affairs Committee Monday held a public hearing on LDs 255 and 374, two bills that would impose geographic distribution requirements on the signatures collected to advance a ballot initiative. The measures propose to amend the Maine Constitution to require that signatures collected for ballot initiatives be gathered from different areas of the state. In the 128th Maine Legislature, a similar effort failed narrowly in the Maine Senate. Had it received the two-thirds majority support required as a constitutional amendment to be approved by lawmakers, it would have appeared on the statewide ballot in November…

Lawmakers on the Transportation Committee today will hold a public hearing on LD 270, sponsored by Sen. David Miramant, a bill that would repeal the portions of Maine’s vehicle inspection program that require passenger vehicles to be inspected annually. Only commercial vehicles, trailers, semitrailers and fire trucks would remain subject to inspection requirements. Vehicle inspection programs can be considered the government’s stamp of approval to allow individuals to drive their cars. Ideally, such a pointless and onerous system would not exist in the first place, but when the program was first enacted 1930, motor vehicles were far less safe than…

Liberals in Augusta are likely elated with the latest communication from Maine’s Department of Health and Human Services. The department’s recent release featured an update on the status of Medicaid expansion efforts in the state. As of mid-February, 6,237 individuals had been enrolled in Medicaid under the expansion package. On Jan. 3, Governor Janet Mills signed her first executive order to expand Medicaid coverage to an estimated 70,000 Mainers. This act fulfilled her promise she made over and over again on the campaign trail. Governor Mills’ budget overview proposes approximately $150 million in spending on expansion over the next biennium.…