Author: Jacob Posik

Unnecessary spending in Governor Janet Mills’ biennial budget, approved by Maine lawmakers in 2019, is going to come back to bite the state now that economic activity has slowed significantly in the wake of the coronavirus pandemic. Spending increases across departments within state government and $120 million to expand Medicaid to childless, able-bodied adults will prove to be too much as the state tries to meet its financial obligations in the coming months. According to a recent analysis by Moody’s Analytics, Maine is going to find itself in quite the fiscal pinch as projected revenues fail to materialize due to…

The Committee on Ranked Choice Voting, one of the primary proponents of the new voting system brought to Maine in 2016, filed a lawsuit last week alleging the Maine GOP’s ongoing people’s veto campaign to repeal a law expanding the use of ranked-choice voting in presidential elections is invalid. At issue is the timing of the acceptance and issuance of petitions by Secretary of State Matthew Dunlap that allowed the Maine GOP to begin collecting signatures to repeal LD 1083, the bill passed during a special legislative session in August 2019 that calls for using ranked-choice voting to decide presidential…

Maine Governor Janet Mills signed an executive order Thursday that effectively prevents the immediate eviction of tenants for the duration of the state of emergency caused by the coronavirus pandemic. The order increases penalties for landlords that try to unlawfully evict tenants and extends the timeframe of the eviction process in the event Maine courts reopen before the state of emergency expires. Governor Mills also announced the creation of a rental assistance program in partnership with MaineHousing that would provide $5 million in rent relief for qualifying families. Under the program, payments of $500 would be distributed to the landlords…

The Maine Center for Disease Control and Prevention is reporting Wednesday an additional 4 deaths in Maine due to the coronavirus and 770 confirmed cases statewide. The virus has claimed the lives of 24 Mainers since the Maine CDC was activated to combat it and the 770 confirmed cases represent an increase of 36 cases since Tuesday’s update. According to Maine CDC director Dr. Nirav Shah, three males and a female passed away overnight, including two men and one woman in their 70s from Cumberland County, and a man in his 80s from Androscoggin County. Shah said Wednesday that 126…

Governor Janet Mills announced Tuesday she signed a proclamation extending until May 15 her previous state of civil emergency order which was set to expire Wednesday, April 15. This action does not extend Maine’s active stay at home order, which is set to expire on April 30. However, the extension of the state of emergency gives Governor Mills the authority to also extend the duration of the stay at home order, and to continue issuing other executive orders related to the state’s coronavirus response until the emergency proclamation expires. Governor Mills was joined Tuesday by Dr. Nirav Shah, director of…

The Maine Center for Disease Control and Prevention is reporting 698 confirmed cases of COVID-19 in Maine, according to Dr. Nirav Shah, director of the Maine CDC, who delivered comments to the press Monday afternoon alongside Jeanne Lambrew, commissioner of the Maine Department of Health and Human Services. The total number of confirmed cases grew by 65 overnight, a sharp increase that Dr. Shah attributed to three known outbreaks at long-term care facilities in Maine. Of the 65 new cases reported Monday, 48 correspond to outbreaks of the virus at three long-term care facilities; the Tall Pines facility in Belfast,…

The Maine Center for Disease Control and Prevention is reporting 586 confirmed cases of COVID-19 in Maine and one additional death caused by the virus, according to the center’s director, Dr. Nirav Shah, who delivered comments to the media Friday afternoon alongside Governor Janet Mills. The 586 confirmed cases represent an increase of 26 cases overnight. The individual who passed away was a woman in her 80s from Sagadahoc County, bringing the state’s COVID-19 death total to 17. To date, 111 Mainers have been hospitalized at some point during their COVID-19 illness. The Maine CDC reported for the first time…

The number of confirmed cases of COVID-19 reached 560 and two more Mainers passed away as a result of the virus according to Dr. Nirav Shah, director of the Maine Center for Disease Control and Prevention, who delivered comments Thursday during his daily press briefing. One of the Mainers who passed away was a man in his 80s from Cumberland County and the other was a woman in her 90s from Waldo County. Sixteen Mainers diagnosed with COVID-19 have passed away to date while 202 have fully recovered from the virus, an increase of 15 overnight. Dr. Shah shared that…

Two more Mainers passed away overnight as a result of COVID-19 according to Dr. Nirav Shah, director of the Maine Center for Disease Control and Prevention. The total number of confirmed infections grew to 537 statewide, an increase of 19 cases from Tuesday. One death comes from a woman in her 80s from Waldo County and the other a man in his 80s from Cumberland County. To date, 101 individuals have been hospitalized during their COVID-19 illnesses in Maine, 187 have recovered and been released from the hospital while 14 people have passed away. At Wednesday’s press conference, Dr. Shah…

The number of confirmed coronavirus cases in Maine grew by 20 overnight to 519 total infections, according to Dr. Nirav Shah, director of the Maine Center for Disease Control and Prevention. Dr. Shah announced the virus has claimed the lives of two additional Maine citizens, one a man in his 50s and the other a woman in her 80s, both from Cumberland County which remains the hardest hit area of the state by COVID-19. As of Tuesday, 99 Mainers have been hospitalized at some point during their COVID-19 illness, 176 have fully recovered and 12 have died as a result…

The number of coronavirus vases in Maine has grown to 499 according to Dr. Nirav Shah, director of the Maine Center for Disease Control and Prevention, who delivered remarks during a press conference Monday morning. This total is 29 cases greater than what was reported by the Maine CDC on Sunday. Among those nearly 500 confirmed cases, 92 Mainers have been hospitalized at some point during their illness, 158 have recovered, and 10 people have passed away as a result of COVID-19. Dr. Shah clarified that community transmission has only been identified in Cumberland and York counties. The Maine CDC…

The number of confirmed coronavirus cases in Maine jumped by 41 overnight to 344 total cases and two more Mainers passed away as a result of the virus, according to Dr. Nirav Shah, director of the Maine Center for Disease Control and Prevention. The two Mainers who passed away from the virus were both women in their 80s from Cumberland County, and both were hospitalized at the time of their death. These two deaths bring the state to seven total coronavirus-related deaths. During his press comments delivered Wednesday, Dr. Shah reported the state has recorded a confirmed case in Hancock…

Governor Janet Mills issued a stay at home order for the State of Maine during a press conference Tuesday evening after Dr. Nirav Shah, director of the Maine Center for Disease Control and Prevention, announced earlier in the day that two more Mainers passed away as a result of COVID-19. The order issued by Governor Mills takes effect Thursday, April 2 and will remain in place until Thursday, April 30. According to the governor, people may leave their homes if they work in an essential business or to conduct or participate in essential activity, such as buying groceries. While people…

The number of confirmed cases of coronavirus in Maine has jumped to 303 according to Dr. Nirav Shah, director of the Maine Center for Disease Control and Prevention, who provided another daily press update today at 11:30 a.m. In addition, two more individuals who had tested positive for COVID-19 passed away overnight. Both were women in their 80s, one from York County and the other from Kennebec County, and were hospitalized at the time of their deaths. Five Mainers have now passed away as a result of COVID-19. As of this morning, confirmed coronavirus cases jumped by 28 to 303…

Maine recorded its second and third deaths caused by the coronavirus over the weekend, according to Maine Center for Disease Control director Dr. Nirav Shah. Dr. Shah provided an update Monday morning on the spread of COVID-19 in Maine. As of Monday, 275 cases of the virus had been detected in Maine. Both deaths come from Cumberland County; one was a woman in her 80s and another was a man in his 60s. Both were hospitalized at the time of their deaths.   The number of confirmed cases in Maine grew by 22 from Sunday. Among the 275 confirmed cases,…

Governor Janet Mills issued an executive order last week that indefinitely extends expiration dates on all vehicle inspection stickers and registrations, as well as driver’s licenses and state IDs. Expiration dates are extended until the state of emergency caused by the spread of coronavirus in Maine is lifted. Included in the order are all driver’s licenses, permits, state identification cards, commercial driver’s licenses, dealer licenses, salvage motor vehicle recycler licenses, driver and rider school licenses and instructor licenses. In addition, the Maine State Police, which is responsible for overseeing Maine’s annual vehicle inspection program, is also extending expiration dates on…

Governor Janet Mills announced Thursday she is extending the state of Maine’s income tax filing deadline in step with action taken at the federal level. The state income tax filing deadline has now been pushed from April 15 to July 15, joining 26 other states. “It is my hope that moving back this deadline will help provide a measure of relief to Maine people who are struggling to make ends meet as a result of COVID-19,” Governor Mills said in a statement. Before extending the deadline, the governor said she was “disappointed” with the federal government’s action and said most…

Governor Janet Mills issued an executive order today that eases occupational licensing rules for health professionals and makes telehealth services more accessible for Mainers. Both orders align with the recommendations made to the governor last week by Maine Policy Institute, however further action could be taken on the telehealth front. The first order signed today by Governor Mills gives greater flexibility to physicians, physician assistants and nurses to practice in Maine. According to the order, those who are licensed in these professions in other states and in good standing can now: Receive an emergency license to provide health care services…

Maine Governor Janet Mills and Dr. Nirav Shah, director of the Maine Center for Disease Control and Prevention, held a press conference Tuesday at 2 p.m. to provide an update on the outbreak of COVID-19 in Maine, where the governor issued a new mandate that public facing businesses close for the next 14 days. Mills called on “nonessential businesses” – such as insurance offices and bookstores – that are public facing with customer, vendor or in-person contact, to close for two weeks, particularly businesses with physical locations that require more than 10 workers to convene in a space where physical…

As policymakers and public health officials at the local, state and federal levels prepare and execute a response strategy to the spread of COVID-19 in the United States, certificate of need (CON) laws are coming under greater scrutiny. Certificate of need laws act as burdensome red tape in the health care sector by unnecessarily limiting the supply of services. In essence, CONs are permission slips from the government that one must obtain before they can build or finance new health care infrastructure. Currently, 35 states and Washington D.C. have CON laws in place. The goal of CON is to reduce…

Maine Policy Institute sent a letter to Governor Janet Mills today thanking her for her efforts thus far to protect Mainers amid the outbreak of COVID-19 and outlining additional steps her administration can take to enhance the state’s response efforts. The policy recommendations proposed in the letter would provide additional support and flexibility to businesses and families in order to mitigate the harmful economic effects caused by social distancing during this public health crisis. While much of the governor’s executive actions thus far have focused on protecting public health and safety, additional measures can be taken to get Maine’s economy moving…

The Maine Legislature adjourned Tuesday evening after a marathon session where the body spent most of its time working on emergency legislation related to the outbreak of COVID-19 and a supplemental budget, however it did address other work that appeared on the House and Senate calendars. The omnibus COVID-19 response bill passed by lawmakers Tuesday evening gives flexibility to municipalities and schools to operate on their existing budgets if town meetings are delayed due to the virus, though it also expanded the powers of the executive branch over the June primary elections. Here’s a recap of what lawmakers approved during…

The announcement of an early conclusion to Maine’s legislative session amid public health concerns surrounding the coronavirus outbreak could stop in its tracks a bill that would significantly broaden eligibility standards for public assistance programs. LD 2154, “An Act Regarding Asset Tests for Social Services Programs” was referenced to the Committee on Health and Human Services pursuant to Joint Rule 218 and would eliminate asset testing for the Temporary Assistance for Needy Families (TANF) and the statewide food supplement program, also known as the Supplemental Nutrition Assistance Program (SNAP). Under the bill, new language would be added to Maine law…

The Maine Legislature will prematurely adjourn Tuesday in response to the coronavirus, Maine’s legislative leaders announced late last week. Lawmakers said they reached a deal to indefinitely end the second session of the 129th Legislature due to COVID-19, or the coronavirus. The body will focus its time and effort during Tuesday’s scheduled session to approve a supplemental budget and pass legislation related to the virus. In a joint statement released last week, the majority and minority leaders of both chambers said their members would consider bills “directly related to coronavirus response and other critical services, then adjourn. On Tuesday, we…

Maine Rep. Benjamin Collings of Portland held a press conference last week to boost support for LD 420, a bill he’s sponsoring that would undo a tax cut established under former Governor Paul LePage that raised the estate tax exclusion from $1 million to $5.6 million for individuals and $11.2 million for married couples. Under LD 420, the threshold would be reduced to $2 million. In other words, Collings thinks that Mainers, who already pay some of the highest taxes in the nation on the income and wealth they accumulate during their lifetimes, should pay more taxes when passing their…

The Maine Heritage Policy Center announced Monday it is changing its name to Maine Policy Institute, effective today, March 11, 2020. The name change reflects the organization’s commitment to independent, nonpartisan policy analysis, educating Maine citizens about the impact of public policy and encouraging their participation in the policy making process.  “Maine Policy Institute will relentlessly pursue policies that protect the rights of Maine citizens and eliminate the roadblocks constructed by government that hinder the ability of hardworking families, business owners and entrepreneurs to achieve prosperity,” said Matthew Gagnon, Chief Executive Officer of Maine Policy Institute. Under its new name,…

The City of Portland – Maine’s most liberal municipality – tried to prevent the Maine GOP from collecting signatures at polling locations on Super Tuesday to repeal LD 1083, a law passed by the legislature during an August 2019 special session that expands the use of ranked-choice voting in Maine to presidential primary and general elections. Portlanders faced a local referendum question Tuesday that asked voters if they would like to expand the use of ranked-choice voting to city council and school board elections. The measure passed overwhelmingly with 81 percent of the 24,330 votes cast on the measure. The…

Lawmakers on Maine’s State and Local Government Committee held a public hearing Monday on LD 2115, “An Act To Implement the Recommendations of the State Compensation Commission.” The bill, sponsored by Rep. Roland “Danny” Martin, would significantly boost the compensation of Maine’s governor, legislators and judges. The pay increases represent the recommendations made by the State Compensation Commission in its January 2020 final report. Under the bill, the salary of Maine’s governor would increase from $70,000 annually to $135,000, or about a 93% increase. In addition, the governor’s expense account, which is made available by the legislature and can be…

Lawmakers on Maine’s Labor and Housing Committee will hold work a work session Thursday on a bill that would give collective bargaining agents an unfair advantage in contract negotiations with public employers, forcing taxpayers to fund merit increases under previous bargaining agreements while the public employer and union are negotiating a new contract. LD 2019, “An Act To Extend to Other Public Sector Employees the Same Protections Provided to State Employees upon the expiration of Contracts,” is being sponsored by Sen. Ned Claxton. Last session, lawmakers passed LD 1546, legislation that makes state employees eligible for mandatory merit increases that…

The pressure is on Janet Mills as the public comment period on the draft Memorandum of Understanding (MOU) of the Transportation Climate Initiative (TCI) comes to a close. Citizens and stakeholders had until the end of February to submit their input on the draft MOU released in December, and the public must now wait for the TCI to release the final MOU before states can enter into the regional agreement. The TCI is 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 Wednesday, lawmakers on Maine’s Environment and Natural Resources Committee held a public hearing on LD 2104, “An Act to Support and Increase the Recycling of Packaging.” The bill is sponsored by Rep. Ralph Tucker of Brunswick. LD 2104 would establish a new recycling stewardship program where producers are responsible for the costs associated with recycling packaging materials they use in selling their products. As described by the Press Herald, “The packaging material producers would establish a third-party organization that would pay fees to municipalities based on the type, amount and design of their packaging. If municipalities dispose of readily…

Lawmakers on Maine’s Taxation Committee will hold a work session Thursday to debate the merits of LD 1254, “An Act To Authorize a Local Option Sales Tax on Meals and Lodging to Provide Funding to Treat Opioid Use Disorder.” The bill, sponsored by Rep. Michael Sylvester of Portland, would allow municipalities to enact, by local referendum, a year-round or seasonal one percent local option sales tax (LOST) on meals and lodging sales within their jurisdictions. LD 1254 was originally considered in the First Session of the 129th Legislature but was carried over to the Second Session. Despite the title of…

Maine has a $232 million annual transportation funding shortfall. Nursing homes that care for our seniors are closing left and right because reimbursement rates are too low to keep up with a punishing minimum wage law. Thousands of disabled Mainers remain on waitlists for services under the Medicaid program. But worry not, because lawmakers are preparing to solve the most troubling issue of our time: the confinement of egg-laying hens. Perhaps the most absurd “emergency” bill admitted into the Second Session of the 129th Legislature by the Democrat-led Legislative Council is LD 2084, “An Act Prohibiting Certain Confinement of Egg-laying…

A little over one year into her tenure as governor, Janet Mills is responsible for an explosion of new spending in Augusta. In 2019, lawmakers approved, and Governor Mills signed, a $7.9 billion biennial budget that represents an increase of nearly $800 million in spending over the last budget. The final spending figure on which lawmakers settled was only slightly less than what the governor first proposed. Her initial proposal called for an enormous growth of government, throwing money at many departments and agencies without real purpose. The proposal called for a $324 million increase to the Department of Education,…

Lawmakers on Maine’s Taxation Committee will hold a work session Tuesday to debate the merits of LD 2011, “An Act To Update Certain Provisions in the Income Tax and Service Provider Tax Laws.” The bill, submitted for consideration by the Department of Administrative and Financial Services and sponsored by Taxation Committee co-chair Rep. Ryan Tipping of Orono, would make digital streaming subject to the same taxes the state levies on phone and internet service and video rentals. The work session is scheduled for 1 p.m. in Room 127 of the State House. Millions of Americans and thousands of Mainers use…

This session, lawmakers on Maine’s Energy, Utility and Technology Committee is considering LD 2055, “An Act To Require State Agencies To Use Renewable and Sustainable Energy and Reduce Greenhouse Gas Emissions.” The bill, sponsored by Sen. Nate Libby, is yet another giveaway to the solar lobby at the expense of state taxpayers. It attempts to codify Governor Mills’ “Order for State Agencies to Lead by Example Through Energy Efficiency, Renewable Energy and Sustainability Measures,” an executive order issued by the governor in November 2019. LD 2055 requires every state agency to set targets and timelines for renewable and sustainable energy…

Lawmakers on Maine’s Veterans and Legal Affairs Committee held a public hearing Wednesday on LD 2067, “An Act To Authorize the Automatic Continuation of Absentee Voter Status until the Termination of That Status.” The bill, sponsored by Sen. Linda Sanborn, would allow a voter to become an ongoing absentee voter, requiring clerks to automatically mail absentee ballots to these individuals for each municipal and statewide election. After applying for ongoing absentee voter status, the voter would no longer have to request an absentee ballot for each election; it would automatically be mailed to them. The Maine Municipal Association (MMA) and…

This op-ed was originally published in the Anchorage Daily News on February 9, 2020. In 2016, Maine voters approved a ballot initiative that established the use of ranked-choice voting (RCV) in state and federal elections. In its most recent legislative session, the state also approved the use of RCV in presidential primary and general elections, though that law is now the subject of a People’s Veto campaign to be permanently repealed. A thorough timeline of Maine’s experience with RCV can be found here. Election reform is not new to Maine or other jurisdictions. Reformers often make grand claims about the benefits of their preferred voting methods. But like…

Who should be in charge of local education policy? Should it be parents and families, or labor unions? This session the Maine Legislature is poised to fix another grave “emergency” troubling our state. The Legislative Council, controlled by House Speaker Sara Gideon and Senate President Troy Jackson, admitted LD 1879, “An Act Regarding the Adoption of Education Policies by School Boards,” into the second session for consideration. The bill would make local education policy subject to collective bargaining. Under the procedure established in the bill, sponsored by Rep. Michael Brennan of Portland, education policies that are not currently adopted by…

Twenty-two public policy organizations filed amicus briefs last week urging the U.S. Supreme Court to hear Reisman v. Associated Faculties of the University of Maine (AFUM), a case that challenges what are known as exclusive representation laws. If successful, the lawsuit, filed by the Buckeye Institute in August 2018, would allow public employees who are not members of a union to bargain on their own behalf in negotiations with their employer. In Maine and other states, exclusive representation laws force public workers in a unionized workplace, who are not members of the union, to accept union representation in matters with…

Governor Janet Mills released a supplemental budget proposal Monday that calls for $127 million in additional spending, which comes in addition to the nearly $8 billion biennial budget approved by lawmakers and the governor in 2019. The supplemental spending package sends a limited amount to the state’s Rainy Day Fund while spending down most of the state’s existing surplus. The plan fails to address two of the state’s most pressing needs, including completely closing a $232 million annual transportation funding shortfall and eliminating all waitlists for disabled Mainers. Some of the major spending items include: ·$2.6 million for more than…

Maine Gov. Janet Mills delivered her first State of the State address Tuesday evening, calling on lawmakers to work together to address challenges Maine faces in its bicentennial year while laying out the administration’s policy priorities for her future years in office. In the speech, Gov. Mills made a pair of concessions to her loudest critics on saving and transportation funding, stating she’d like to use $20 million of the state’s existing $120 million surplus to add to the Budget Stabilization Fund in preparation for an economic downturn, and signaled she is open to using some general fund dollars to…

The Transportation and Climate Initiative, a regional coalition of 12 states and Washington DC that seeks to price emissions within the transportation sector, is losing support from stakeholders in key states. As noted in a Boston Herald published article over the weekend, support for the TCI continues to dwindle throughout the region which is putting pressure on Massachusetts Gov. Charlie Baker, one of the few vocal proponents of the plan. “The Commonwealth looks forward to working with other regional leaders to identify practical, market-based solutions to reduce transportation emissions while growing the regional economy and significantly improving public health. The…

Jonathan Reisman, an associate professor of economics and public policy at the University of Maine at Machias, is appealing his case, Reisman v. Associated Faculties of the University of Maine (AFUM), to the U.S. Supreme Court. On Friday, Jan. 2, The Buckeye Institute, the organization representing Reisman in his case, filed an appeal to SCOTUS calling for an end to laws in Maine and other states that force public-sector employees to accept compelled union representation. This process, called exclusive representation (a policy for which unions advocate), prevents nonmember employees in a bargaining unit from representing themselves in matters with their…

The Transportation and Climate Initiative on Tuesday released a draft Memorandum of Understanding shedding light on how gas and diesel prices would increase under the plan. A webinar held Tuesday afternoon to explain the plan outlined the potential for $0.17 per gallon increase to the cost of gasoline. A footnote on a slide of the presentation read, “If fuel companies decide to pass on allowance costs it could mean an incremental price increase in 2022 of $0.05, $0.09, or $0.17 / gallon in the 20%, 22%, and 25% Cap Reduction Scenarios, respectively.” The TCI would set an artificial cap on…

The 129th Maine Legislature’s Health Coverage, Insurance and Financial Services Committee met Monday to hold its fourth interim meeting since the conclusion of the first session as members work to wrap their heads around health coverage and insurance markets in Maine. The committee began its work in the legislative offseason by reviewing the recommendations of the Task Force on Health Care Coverage for All of Maine. The task force was established in the last legislature to devise a scheme for providing some form of health insurance coverage for all Maine citizens. To that end, the committee’s work Monday included discussing…

Governor Mills on Wednesday released her 10-year economic development plan for Maine, the first such undertaking in our state since 1993. As you’d expect, the plan outlines a number of actions Maine will take to improve economic conditions, but does not say how much these actions will cost or how they’ll be implemented. As noted by Michael Shepherd of the Bangor Daily News, it’s hard to argue with the goals outlined in the plan. The ambitions put forward include growing average annual wages and attracting 75,000 new people to move here and fill openings within our economy. Of course, all…

Maine’s Legislative Council convened last Friday to consider appeals made by lawmakers regarding so-called “emergency” bills for the second session. Unlike the first regular session of the legislature where lawmakers can submit any bill they want for consideration by a legislative committee, bills are screened by the Legislative Council in the second session. The body acts as a gatekeeper, voting up or down on each bill based on its meeting the emergency criteria spelled out in the Maine Constitution. The meeting on December 6 was held to allow lawmakers to appeal decisions made by the council on October 23 regarding…

The majority members of Maine’s Legislative Council voted Friday to kill along party lines a pair of nonpartisan emergency bill requests that would have helped combat Maine’s workforce shortage and bring the state in compliance with a recent Supreme Court ruling regarding public employees’ First Amendment rights. The council met on Friday to consider appeals by lawmakers who had their bill requests rejected at the council’s meeting on October 23. LR 2864, sponsored by Rep. John Andrews, would have established what is known as “universal recognition” in Maine. Under the bill, a worker who moves to Maine and wishes to…

The Maine Heritage Policy Center on Monday released a new policy brief, “A Lost Cause: The Local-Option Sales Tax.” The analysis examines LD 1254, a carry-over bill that would allow municipalities to enact by local referendum a one percent local option sales tax (LOST) on meals and lodging sales within their jurisdictions. The bill will be considered when lawmakers return to Augusta in January for the second session of the 129th Legislature. When LD 1254 was first considered by lawmakers earlier this year, a number of Augusta politicians and local officials made promises about how a local option sales tax would…

The Maine Heritage Policy Center and EdChoice recently filed an amicus brief in Carson et al v. Makin, a case before the United States Court of Appeals for the First Circuit that challenges the sectarian exclusion within Maine’s town tuitioning program, which prevents families from receiving state aid to send their children to a religious school. The plaintiffs in the case, David and Amy Carson, Alan and Judy Gillis, and Troy and Angela Nelson, all live in Maine towns that do not operate their own secondary schools. Under Maine law, a municipality that neither maintains a public secondary school nor contracts…

Last week, Maine’s Legislative Council admitted a bill into the second session that would make changes to the rules governing mobile tiny homes. The move comes after business owners complained over the summer that the new regulations enforced by the Secretary of State’s Office were unworkable and would force their businesses to close. Two legislative requests promoting the same solution were put forward by Rep. Patrick Corey of Windham and Sen. Mike Carpenter of Aroostook. Rep. Corey’s bill was shot down 4-6 while the council approved Sen. Carpenter’s measure 10-0. Sen. Carpenter’s bill “defines what a tiny house is and…

The Legislative Council on Wednesday met to vote on nearly 400 bills submitted by lawmakers for consideration in the second session. Despite a number of non-emergencies being admitted into the second session, lawmakers turned down a pair of bills where an emergency case actually exists. One such bill, LR 2828, sponsored by Rep. Dick Bradstreet of Vassalboro, would have brought state law into compliance with the Supreme Court’s 2018 ruling in Janus v. AFSCME. In Janus, the high court ruled that public employees cannot be compelled to pay dues or fees to a labor union without first affirmatively consenting to…

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, governor’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 “emergency bills” should be admitted. An emergency bill, as outlined in the Maine Constitution, is one that is “immediately…

It is everyone’s favorite time of the legislative cycle – preparing for the second session, or the emergency session, as outlined by the Maine Constitution. On Wednesday, the Legislative Council, a 10-person legislative body tasked with admitting legislation to the second session, will consider 399 bill requests submitted by lawmakers. For a bill to be admitted for consideration in the second session, it must receive the affirmative vote of six members of the Legislative Council. The body itself is comprised of legislative leadership, including the House Speaker, Senate President, the majority and minority leaders and their assistants in both chambers…

Maine Secretary of State Matthew Dunlap confirmed Thursday his office had certified the petitions submitted by Mainers for Health and Parental Rights to overturn LD 798, a law passed in the First Session of the 129th Legislature that repeals religious and philosophical exemptions to childhood vaccinations. According to the press release issued by the Department of the Secretary of State, Mainers for Health and Parental Rights submitted 29,370 petitions containing 95,871 signatures, 79,056 of which were deemed valid. To qualify for ballot access in Maine, petitioning groups must collect a number of signatures equivalent to 10 percent of the total…

On October 31, 2019, The Maine Wire will transition to a new email delivery service. If you currently receive The Maine Wire in your inbox each morning, please take the following actions to continue receiving daily content from The Maine Wire (Note: If you were not previously subscribed to The Maine Wire, you can skip Step 1): Step 1 Unsubscribe from the old email delivery system. Go to your email inbox and click on the most recent email you’ve received from The Maine Wire. At the bottom of the message you should see a button to “unsubscribe now” as shown…

Hundreds of new Maine laws will take effect later this week. Among them is LD 1627, “An Act to Authorize the Use of Autocycles,” sponsored by Rep. Mark Bryant of Windham. Mainers on Thursday will get the freedom to drive an autocycle on Maine roads without first having to obtain a motorcycle endorsement, an unnecessary burden Mainers have faced for years as lawmakers resisted proper oversight of these vehicles. Under the new law, autocycles are defined as “a 3-wheeled motorcycle that has a steering wheel or handlebars, floor pedals for automotive-style controls and seating that does not require the operator…

Maine Governor Janet Mills decided Friday to let LD 1083, “An Act To Implement Ranked-choice Voting for Presidential Primary and General Elections in Maine,” become law without her signature. As a result, Maine will become the first state to use ranked-choice voting in presidential elections. Because Governor Mills released the bill without her endorsement, the law will not take effect in time for ranked-choice voting to be used in the March 2020 Democratic primary election. Mills cited cost as a factor in her decision and said questions remain about how using ranked-choice voting will impact the selection of delegates to…

Governor Janet Mills has until the end of the day Friday to decide on the fate of LD 1083, a bill that expands the use of ranked-choice voting in Maine to presidential elections. The bill was passed during the special session held on August 26. The governor can sign the bill, veto it or allow it to become law without her signature. A veto on LD 1083 would effectively kill it – Republicans in Maine generally do not support ranked-choice voting, and its unlikely proponents of the bill could convince two-thirds of both chambers of the legislature to override her…

Lawmakers returned to Augusta on Monday to debate several bonds proposed by Governor Janet Mills during a special legislative session called by the chief executive on August 19. Governor Mills asked lawmakers to approve $163 million in new borrowing for land conservation, broadband expansion, environmental protections and infrastructure repairs, among other items, in time for these issues to appear on the November 2019 statewide ballot. The only bond garnering broad bipartisan support was the $105 million bond for infrastructure, which members of both parties overwhelmingly supported. On all other fronts, Republicans used what leverage they had as the minority party…

The Maine Heritage Policy Center today released its newest report, “A False Majority: The Failed Experiment of Ranked-Choice Voting.” The report explores the use of ranked-choice voting in jurisdictions throughout the country, including Maine, to determine if the voting system lives up to the claims made by proponents of the 2016 ballot initiative and 2018 People’s Veto. In the report, authors Adam Crepeau and Liam Sigaud examine data from 96 ranked-choice voting elections held throughout the U.S., where more than one round of tabulation was necessary to declare a winner, and determine the system in practice falls short of the…

Governor Janet Mills on Thursday, June 20 signed into law LD 534, sponsored by Rep. John Andrews, a bill that makes important reforms to Maine’s ballot initiative process. Coupled with the passage of LD 1209 earlier this session, it appears lawmakers on both sides of the aisle agree there is more we can do to improve Maine’s ballot initiative process. In fact, a roll call was ordered on LD 534’s enactment vote in the Senate where the measure prevailed 34-0. In the House, a roll call was not even ordered – the bill went under the hammer with no debate.…

The Maine House voted to reject a bill Thursday that would bind the state’s Electoral College votes to the winner of the national popular vote. After LD 816, sponsored by Senate President Troy Jackson, was advanced in the Senate by a 19-16 vote on May 14, its vote in the House was delayed for several sessions before it was considered Thursday. The delay was an early indication that the majority House Democratic caucus may be fractured on the issue. Some House Democrats sought to advance the minority “Ought to Pass as Amended” report from the Veterans and Legal Affairs Committee…

Governor Janet Mills yesterday signed LD 1209, “An Act To Require Legislative Hearings on Citizen-initiated Legislation” into Maine law. The law, sponsored by Rep. Richard Bradstreet, requires the Maine Legislature to hold public hearings on all citizen initiatives before they appear on the statewide ballot. Under LD 1209, a public hearing can only be avoided if two-thirds of all members present in both legislative chambers vote against holding a hearing. The bipartisan bill went under the hammer in both chambers until its final enactment vote in the Senate where it prevailed 32-3. “By signing this legislation into law, we are…

Lawmakers on Maine’s Veterans and Legal Affairs Committee today will consider a bill that would amend the Maine Constitution to prevent the legislature from revising a ballot initiative after its passage unless the proposed change “clarifies or advances the original intent of the measure.” The bill would require legislative fixes to be sent to voters for a statewide vote if the change is made within the first year of the law’s enactment. Finally, the bill allows the legislature to develop “a process for the review of a measure requested or proposed before petition forms are furnished or approved by the…

Background The Legislature has developed a new automated tool for submitting electronic testimony. Citizens may still send written testimony via email for the remainder of the First Regular Session of the 129th Legislature. It remains unclear whether the state will transition exclusively to the new system in the future. The online testimony form can be found at legislature.maine.gov/testimony. For the purpose of this tutorial, we will use LD 665 as an example. Before submitting testimony, there are two pieces of information you must have about a bill: the committee in which the bill has been scheduled for public hearing, and…

It’s true – citizens have been so active this session that the Maine Legislature is revising its process for submitting and disseminating testimony. The Maine Legislature will no longer accept testimony from the public submitted through email and has instead developed an automated system that will be available to the public via the Maine Legislature’s website on Monday, April 22nd. The sheer volume of testimony submitted this session has been so overwhelming to committee clerks that the state has been forced to develop a streamlined process for submitting and disseminating testimony. According to the Legislative Information Office, the system has…

This morning, lawmakers on the Labor and Housing Committee held a public hearing on LD 1345, a bill that would require employers to provide their employees with at least two weeks prior notice of the employees’ work schedule. The bill would also impose penalties on employers for making changes to an employees’ schedule without adequate notice, even if the scheduling conflicts were outside of an employer’s control (with a few exceptions). There was little public support for LD 1345 at the hearing Wednesday morning. Rep. Gina Melaragno, the bill’s primary sponsor, and Rep. Heidi Brooks, a co-sponsor of the bill,…

A lawmaker from Portland appears to have a personal vendetta against public charter schools. Rep. Michael Brennan is sponsoring a pair of troublesome bills this session that aim to hurt charter schools and the students who receive (and wish to receive) an education at these institutions. The bills, LDs 307 and 513, would permanently cap the number of public charters that can legally operate in Maine and prevent virtual charters from increasing enrollment or expanding to new grade levels. Lawmakers on the Education and Cultural Affairs Committee on Monday held a public hearing on Rep. Brennan’s bills, as well as…

The Maine Heritage Policy Center (MHPC) on Monday released a new analysis of Gov. Janet Mills’ biennial budget proposal during a press conference at the State House. The report, titled “The Proposed Mills Budget: Irresponsible. Unsustainable.” shows that overall spending levels in the governor’s budget cannot be sustained into the future. In addition, many of the priorities outlined in the proposal work against one another, eliminating the possibility of meaningful property tax reductions as claimed by Gov. Mills and her allies. Gov. Mills has acknowledged the possibility of a recession in the coming years, however the budget she proposed last month…

There is no doubt that our Founding Fathers feared tyranny of the majority, which is why they took intentional steps while framing our Constitution to establish a system of representative government. While most evident in our nation’s legislative body, the Congress, the principle of representative government also extends to the election of our chief executive, the President of the United States. The system our founders developed for electing presidents is today called the Electoral College (interestingly enough, this specific terminology for the body selected to cast votes for president and vice president was not codified into federal law until 1845.)…

Lawmakers on the Energy, Utilities and Technology committee on Thursday, Feb. 28 will hold a public hearing on LD 434, sponsored by Rep. Deane Rykerson, titled “An Act to Price Carbon Pollution in Maine.” The bill would tax the sale and distribution of carbon-emitting fuel products at a rate of $5 per metric ton starting in 2020 and increase by $5 annually until reaching $40 per metric ton in fiscal year 2027-28. The tax would be imposed on “each form and grade of butane, coal, clear diesel fuel, gasoline, fuel oil, kerosene, natural gas and propane” but would not apply…

Lawmakers on the Veterans and Legal Affairs Committee will hold a public hearing today on LD 294, sponsored by Rep. Josh Morris, a bill that would require the state to print the estimated cost of a citizen’s initiative directly on the ballot. In recent years, Mainers have been asked to approve several ballot questions that created new programs without being provided information about the cost of the measures. Mainers who do not normally engage in politics typically see only the ballot question – a carefully worded yes or no question – before casting their vote, which unfortunately gives voters only…

Occupational licensing exists as a mechanism for government to promote public health and safety by requiring workers to meet specific requirements before legally practicing in occupations that pose risks to consumers and the general public. Licensing can be useful when imposed on occupations that do pose legitimate threats to the public, but over time, these rules have been used to freeze out competition in occupations where threats to the public simply do not exist. Rates of occupational licensing have grown tremendously, and many states – including Maine – now license a number of professions that pose no threat to the…

Maine’s Joint Standing Committee on State and Local Government today is holding a public hearing on LD 209, a bill that would prohibit municipalities from banning short-term rentals within their communities. Limiting or restricting the use of short-term rentals, unless for public health and safety concerns, is unnecessary. This kind of regulation suppresses the entrepreneurial spirit of individuals who want to generate income by sharing their property. Prohibitions on short-term rentals unfairly restrict individuals and families who share their homes responsibly, and Maine should pursue statewide protections for those who do. Municipal bans on short-term rentals chip away at the…

This week, lawmakers on the Veterans and Legal Affairs Committee will hold a public hearing on LD 252, sponsored by Sen. Jeff Timberlake, a bill to amend the constitution to prohibit the ballot initiative process from being used to enact new or increased taxes and fees. This constitutional amendment is worth pursuing for several reasons. Citizen initiatives are not currently vetted appropriately and do not receive proper scrutiny before being sent to voters. In addition, other states have taken steps to limit the types of initiatives that can appear on the ballot, including similar protections against new taxes and fees.…

Maine Gov. Janet Mills is trying to pass off her budget proposal, released last Friday, as a reasonable approach to meeting the state’s needs over the next two years. In reality, it amounts to a costly and substantial expansion of state government; $8 billion in spending over the next biennium, nearly $800 million of which comes as new spending, an 11 percent increase over the last budget. The first budget signed by former-Gov. Paul LePage totaled $6.1 billion. Before leaving office, the last budget approved by LePage totaled $7.2 billion, an increase of about $1 billion in annual spending over…

New York Gov. Andrew Cuomo may have come to his senses on tax policy, openly questioning earlier this week whether his state’s endless pursuit of taxing the rich is helping or hurting the state’s fiscal standing. On Monday, just a few weeks after releasing his budget proposal, Cuomo realized all of his policy priorities cannot be addressed because the state is losing tax revenues at an alarming rate. According to The Buffalo News, state revenues in New York are $2.3 billion below initial projections, a disparity that Cuomo has called “as serious as a heart attack.” He also acknowledged that…

Approximately 96 hours after this publication questioned the merits of a bill to require all Maine drivers to equip their cars with snow tires or all-weather tires from October 2 through the last day of April, the sponsor of the legislation has withdrawn the bill. According to WGME 13, Rep. David McCrea has pulled his bill from consideration this session. According to a spokesperson for Rep. McCrea, the intent of the legislation was to advance a conversation about driving safety, which he feels has been accomplished. On Monday, one day before he withdrew his bill, Rep McCrea gave the following…

As previously highlighted in this publication, there are a number of strange, ridiculous and funny-sounding bills being proposed in the Maine Legislature this session. Forgive me, dear reader, for in my initial examination I overlooked the most egregious one. If you read the first take, you won’t be surprised to hear that Rep. David McCrea is sponsoring legislation this session that would prohibit Maine drivers from operating a motor vehicle without snow tires or all-weather tires from October through the month of April. The legislative request – LR 370 – has now become a bill – LD 213 – and…

It was only a matter of time, right? In a piece that read more like political advocacy than real journalism, the Portland Press Herald last week reported that House Speaker Sara Gideon is sponsoring a bill this session to provide Maine workers with up to 12 weeks of paid family and medical leave. The measure would be funded through a new 0.5 percent tax on worker earnings. Under the bill, family and medical leave could be used for the birth of a new child or to take care of oneself or loved ones during a major illness. All funds collected…

The 2018 Code of Maine Rules is home to 113,862 restrictions and 8.1 million words. It would take an individual about 449 hours – or more than 11 weeks – to read the entire CMR, assuming the reader spends 40 hours per week reading at a rate of 300 words per minute.

Despite widespread opposition throughout the state among all levels of restaurant staff, big labor continues its attempt to strip Maine service workers of their ability to earn a living by eliminating the tip credit.

Vehicles are far safer and more reliable than they were nearly a century ago when Maine’s vehicle inspection program was first implemented.

In an article published Thursday on the Maine Beacon – the online opinion service of the Maine People’s Alliance – author Dan Neumann criticized the Maine State Chamber of Commerce and the Maine Heritage Policy Center’s (MHPC) skepticism over a statewide paid sick leave proposal by repeating the same tired, disproven claims about the impact of Maine’s minimum wage law. The piece, titled “Opponents proven wrong on minimum wage make same attacks on paid sick leave”, questioned legislative testimony submitted by the Chamber and a 2016 report published by MHPC outlining the negative economic effects of a $12 an hour…

At the start every new legislature, Maine’s Office of the Revisor of Statutes publishes a list of preliminary working titles for all the bills that will be considered in the upcoming legislative session. The Revisor’s Office released the list of working titles for the 129th Legislature on Tuesday, giving us a glimpse into what we can expect lawmakers to be debating in Augusta over the next five months while the legislature is in session. In total, the legislature will consider 2,042 bills this session. The majority of these bills will not have enough momentum to pass, or will be hampered…

Among the many harebrained schemes that will be considered in the Maine Legislature this year is one to establish universal health care, an idea that – in some form or another – has been rejected by lawmakers in Augusta year after year since the 120th Legislature (and perhaps longer – the state’s legislative website only provides information back to 2001). This year, the bill appears as LD 52, “An Act To Provide an Affordable and Accessible Health Care System for All Residents of Maine” sponsored by Sen. Geoffrey Gratwick. In the 126th, 127th and 128th Legislatures, Sen. Gratwick sponsored or…

During the biennial budget battle in 2017 that led to Maine’s first government shutdown since 1991, lawmakers agreed to spend an additional $162 million on k-12 public education to avoid implementing Question 2, a ballot initiative from 2016 that would have imposed a three percent surtax on incomes earned above $200,000 to provide additional support for public education. Much to the chagrin of talented workers and Maine’s business community, Question 2 is back from the dead in the form of new legislation to be submitted in the 129th Legislature. According to a piece published by WGME on Thursday evening first…

It is a “new day” in Augusta according to Janet Mills, who became the first woman to serve as the chief executive of the State of Maine after being sworn into office as the state’s 75th governor on Wednesday evening at the Augusta Civic Center. Mills in her inaugural address outlined a relatively hollow progressive policy agenda that called for bold policy changes and new initiatives, but lacked substance. Among the proposals Mills shared are a new goal of generating 50 percent of the state’s electricity from renewable resources and expanding Medicaid to more than 70,000 childless, able-bodied adults. Mills…

Maine’s town tuitioning program, first adopted in 1873, is the second oldest school choice program in the country. The program allows students who live in towns that do not operate a secondary school to attend a public or private secondary school of their choice. If a town does not maintain a public secondary school, it has the option of contracting with a different public or private school for the education of its resident secondary school students, or sending tuition payments on behalf of students to the secondary institution of his or her choice. For more than a century, the program gave Maine families true…

When struggling to make ends meet, conventional wisdom tells us we have few options: limit unnecessary expenditures, find ways to stretch your dollar or earn more money. For those who live on a budget, this often means less dining out, wholesale shopping or picking up a second job. In recent years, however, more Americans have been participating in the “sharing economy,” an economic movement one Forbes contributor describes as a phenomenon “where asset owners use digital clearinghouses to capitalize the unused capacity of things they already have, and consumers rent from their peers rather than rent or buy from a…

After a yearlong campaign of misinformation waged by the supporters of Question 1, Maine voters on Tuesday rejected Maine’s most controversial ballot measure 63 percent to 37 percent, with 72 percent of precincts reporting according to the New York Times. The initiative, backed by the Maine People’s Alliance, would have increased Maine’s top marginal income tax rate to 10.95 percent to fund a Universal Home Care program for seniors and people with disabilities. Groups supporting and opposing Question 1 waged a contentious campaign for the better part of a year debating whether the initiative imposed new taxes on individual or…

The Maine Heritage Policy Center on Tuesday, Oct. 23 released a new study on the impacts of Question 1, the Universal Home Care (UHC) ballot initiative that Maine voters will consider in November. The report, titled Universal Chaos, outlines the devastating economic impacts of the taxes contained within Question 1 and highlights the challenges of implementing the UHC program in coordination with existing programs. Question 1 is a flawed initiative that will hurt Maine’s economy, waste resources, empower unelected bureaucrats and put Maine’s truly needy in jeopardy. Question 1 is not about helping people, it is about inserting labor unions…

The Maine People’s Alliance (MPA) is pushing a ballot initiative – Question 1 – that seeks to establish a 3.8 percent tax on wages and incomes exceeding $128,400 to fund the Universal Home Care program. The program would provide in-home and community support services to elderly and disabled Mainers, regardless of income, who need assistance with at least one activity of daily living. Since the beginning of their campaign, the MPA has been deceitful. The first lie they found themselves in concerned how much revenue would be generated under the taxes established within Question 1. Despite a fiscal note that…

Today the Maine Heritage Policy Center released its newest report, “The Will of the People?: How Maine’s ballot initiative process is tainted by outside influence,” which provides the most accurate numbers to date regarding the funding behind each ballot initiative considered by Maine voters between 2009 and 2017. In recent years, Maine’s ballot initiative process has risen to the forefront of policy debate in Augusta. In 2016, Maine voters approved four initiatives at the ballot box, all of which have been modified or repealed in some fashion by the Legislature. Often during these debates, we’ve heard the phrase “the will…

On Thursday, July 26, two public-sector unions in Maine and Minnesota granted a member’s demand to immediately cancel union membership and cease withholding union dues without having to wait until the designated “opt-out” period. The union’s decision comes as a result of the Supreme Court’s ruling in Janus v. AFSCME in June, which protects the First Amendment rights of public employees by no longer requiring them to pay to a union as a condition of employment. The ruling cancels a union’s ability to compel membership and collect agency fees from nonmember public employees. Agency fees require nonunion members to pay…

Policymakers are always asking: ‘What can we do to attract young, talented people to our state?’ In Maine – which has the highest median age of any state – this question is posed regularly and rhetorically. Depending on which side of the aisle you sit, the quandary has already been resolved; whether it “free” college and health care, or reducing taxes to make the state more business friendly. However, policymakers often overlook whether it is even possible for someone to move to Maine and continue working without interruption. If you are a licensed professional, like a dentist, doctor, engineer, nurse…

Occupational licensing is supposed to protect the public from unqualified professionals whose goods and services may harm consumers, yet rarely are licensing laws initiated after a citizen receives low-quality services that caused undue injury or financial burden. Instead, it is almost exclusively special interest groups that approach government seeking licensure. Why? It’s a win-win for both parties involved. Licensed professionals enjoy less competition, greater demand for their services and hefty wage premiums as a result of licensure. In return, lawmakers get a slush fund to raid when they need to finance a pet project, or punt on a solution to…

Since the upcoming Universal Home Care (UHC) initiative sponsored by the Maine People’s Alliance (MPA) achieved ballot status, the MPA, its allies and their friends in the media have been spreading misinformation to downplay the devastating impacts of the measure. When the MPA learned its proposal would appear on the November 2018 ballot, they told media the initiative would provide in-home care services to elderly and disabled Mainers by generating $132 million in new tax revenues—a figure that is so patently false, Mainers should be concerned about whether the misinformation campaign began while initiative petitions were still in circulation. Unfortunately,…