Legislative Report: Review of 2015 session: 9/16/2015

16 September 2015

Dear Friends and Neighbors,

With the summer now behind us, here is a review of the first legislative session which concluded in the middle of July.

In a defining way, the legislature united across many expected political divisions to override an unprecedented number of gubernatorial vetoes. I am proud of that bipartisan work.

As we began this session, with Democrats holding the majority in the House and Republicans the majority in the Senate, many expected that our work would be structurally gridlocked.

Instead, as a body, the legislature wasted relatively little time on partisan set pieces and instead focused pragmatically on policy that could gain bipartisan support between House and Senate.

The legislature considered more than 1400 bills this year.  Nearly three-quarters of these bills received unanimous recommendations from their respective legislative policy committees, jointly chaired by House Democrats and Senate Republicans.

About half of these unanimous reports supported the proposed bills and half recommended against passage. Roughly 30% of introduced bills were then enacted by both the House and the Senate.

Midway through the session, the increasingly isolated Governor declared that he would veto all subsequently enacted bills that had been sponsored by Democrats.  The Governor’s veto policy quickly expanded to include all bills regardless of policy or original sponsorship.

By the session’s end, the Governor had vetoed 181 enacted bills, including the complete budgets for the state’s General Fund and for transportation.

In an overwhelmingly bipartisan response, the legislature overturned 127 of the Governor’s vetoes largely without debate.

In the final day of the session, the Governor delivered veto letters for an additional 65 enacted bills.  But the legislature asserted (and the Supreme Court subsequently confirmed) that the Governor had missed the constitutional deadline to veto these bills and that in the interim they had properly become law.

In this climate, you will understand why I was very gratified to have eight of my own bills become law and to have three more carried over to the second session.  Another 16 bills that I cosponsored became law.

Our most significant achievement surely was the enactment of the state budget avoiding the government shutdowns through which many other states such as New Hampshire and Illinois are still struggling.

I am proud of that work and of the bipartisan leadership from House Speaker Mark Eves and Senate President Mike Thibodeau that resulted, against all odds, in a fair compromise budget which contained property tax relief, lower income taxes for the middle class, and more investment in our students and workers.

That accomplishment reinforces my belief that public policy-making in Maine has not devolved into the stalemates of posturing and polarization which unfortunately now color the federal legislative process.

Below is a sampling of bills which had some success this session. I’ve indicated my positions on each and the respective roll call votes.

I also want to share this working outline of my plan for the upcoming second session.

As always, please let me know your thoughts and concerns about state policy. It remains my honor and privilege to serve as your representative.

With gratitude,

Brian

***

Selected bills from 2015 legislative session – by policy area
Representative Brian Hubbell

14 September 2015

Appropriations and Financial Affairs

• LD 2: An Act To Authorize a General Fund Bond Issue for the Purchase and Development of the Bar Harbor Ferry Terminal as a Multimodal Transportation Facility …While this bond bill officially was carried over to the second session, the funds that I sought were included in the larger $85M transportation bond bill which the legislature approved, the Governor signed, and which will go to the voters in November.
  • I sponsored this bill
  • Result: Carried over to second legislative session pending outcome of November referendum.
• LD 1019: Biennial budget. I worked closely with the Appropriations Committee coordinating our committee’s recommendations on the education sections of the budget and am proud that we were able to increase the amount of state aid for schools and held the line against the substantial shift of costs to property taxpayers that was contained in the Governor’s original budget proposal. We also increased college funding.
  • Summary of final budget
  • Result: Became law despite Governor’s veto.
• LD 1205: An Act To Authorize a General Fund Bond Issue To Support the Independence of Maine’s Seniors …provides for a $15M bond referendum for new, affordable, energy-efficient homes for Maine’s seniors leveraging $22.6M in other funds.
  • I cosponsored this bill and voted for it.
  • Result: Became law without Governor’s signature. Will be on November ballot for voter approval
• LD 1415: An Act To Authorize Two General Fund Bond Issues To Improve Highways, Bridges and Multimodal Facilities.  Transportation bond including $17M funding for multimodal projects including the Bar harbor ferry terminal.
  • I supported this bill as it includes funding for my bill above, LD 2.
  • Result: Signed into law. Will be on November ballot for voter approval.
• LD 1454: Resolve, Directing the Governor and the Land for Maine’s Future Board To Fulfill the Will of Maine Voters and Issue Bonds Approved in 2010 requires the Governor to issue bonds for Lands for Maine’s Future which were authorized by voters in 2010 but have not yet been issued.
  • I supported this bill
  • Result: Held by Governor pending likely veto.

Agriculture, Conservation, and Forestry

• LD 335: An Act To Prohibit the Sale of Dogs and Cats in Pet Shops requires pet shops to attest origins of cats and dogs which may come from only nonprofit animal shelters or rescue organizations unless they are raised in the pet shop’s own facility.
  • I voted for this bill.
  • Result: Vetoed by Governor.
• LD 828: An Act To Improve Regulatory Consistency within the Jurisdiction of the Maine Land Use Planning Commission …allows 10% of the registered voters of an Unorganized Township to petition to have a section of an unorganized region removed from the state’s expedited permitting zone for wind power development,
  • I generally opposed this bill in its original form because I think it’s improper to give certain citizens of unorganized townships essentially a veto over a state planning process.  But a reasonable compromise was enacted without a roll call.
  • Result: Enacted and signed by the Governor.

Criminal Justice and  Public Safety

• LD 186: An Act To Reverse Jail Consolidation restores oversight and and control of the county jails to the counties.
  • I voted for this bill
  • Result: Became law without the Governor’s signature.
• LD 415: An Act To Promote the Safe Use and Sale of Firearms creates a civil violation for a transfer or sale of a firearm to a felon or other prohibited person and also creates an affirmative defense against this civil penalty if the transferor first requests a background check.
  • I cosponsored and supported this bill.
  • Result: Passed the House 73-65; Senate indefinitely postponed; bill died between legislative bodies in nonconcurrence.
• LD 600: An Act To Prohibit a Person Convicted of a Crime of Domestic Violence from Possessing a Firearm for a Period of 5 Years and To Better Align Maine Law with Federal Law Regarding Persons Prohibited from Possessing Firearms adds to the list of persons prohibited from possessing firearms: fugitives, drug addicts, illegal non-citizens, those discharged dishonorably from military services, and those recently convicted of domestic violence.
  • I supported this bill.
  • Result: Became law despite Governor’s veto.
• LD 652: An Act To Authorize the Carrying of Concealed Handguns without a Permit authorizes a person who is 21 or older and is not prohibited from possessing a firearm to carry a concealed handgun without a permit.
  • I voted in the minority against this bill which passed the House 79-63.
  • Result: Became law with the Governor’s signature.
• LD 710: An Act Providing a Good Samaritan Defense to Individuals Reporting a Drug Overdose creates an affirmative defense from prosecution for drug possession for someone seeking medical assistance in good faith for a drug overdose.
  • I voted for this bill.
  • Result: Vetoed by Governor.
• LD 868: An Act To Remove Limitations on Reciprocity for Concealed Handguns Permits removes existing authority of State Police to administer reciprocity agreements with other states for handgun permits and simply recognizes concealed permits from another state, if that state honors Maine’s concealed permits.
  • I voted in the minority against this bill which passed the House 98-43.
  • Result: Became law signed by Governor.

Education

• LD 3 An Act To Ensure Consistent Certification of Graduation Standards in Publicly Funded Secondary Schools clarifies that public charter schools are subject to Maine’s learning standards, proficiency-based diplomas and the state’s assessment system.
  • I sponsored this bill.
  • Result: Became law with the Governor’s signature
• LD 38 An Act To Allow Sufficient Time for Implementation of the Performance Evaluation and Professional Growth System for Educators extends by one year the phased stages to implement educator evaluation systems for schools.
  • I sponsored this bill.
  • Result: Became law without the Governor’s signature
• LD 131 An Act To Amend the Laws Related to Public Funding of Charter Schools transfers to the state the liability for the full public allocation for charter school funding.
  • I sponsored this bill.
  • Result: Became law with the Governor’s signature and was recognized as the second most important bill of the session in a Press Herald op-ed.
• LD 462: An Act To Clarify Rulemaking for Transportation of Public School Students technical bill on behalf of the Department of Education
  • I sponsored this bill.
  • Result: Became law without the Governor’s signature
• LD 464: An Act To Improve Science and Engineering Education for Maine’s Students requires the state to adopt the “Next Gen Science Standards” as part of the state Learning Results by the 2017-18 school year.
  • I supported this bill and advocated for it on the House floor.
  • Vetoed by the Governor.
• LD 692: An Act Regarding Educator Effectiveness compromise negotiated to preserve both Maine’s local teacher evaluation systems and federal waiver from requirements of ‘No Child Left Behind.’
  • I sponsored this bill and was commended in a Bangor Daily News editorial.
  • Result: Became law with the Governor’s signature
• LD 840: An Act To Support the Implementation of Proficiency-based Diplomas and Standards-based Student Learning directs the Department of Education to annually collect and report data on the progress of public schools and public charter schools towards the implementation of proficiency-based diplomas.
  • I sponsored this bill.
  • Result: Became law with the Governor’s signature
• LD 853: An Act to Allow Secondary Schools to Grant Intermediate Certificates of Academic Proficiency clarifies that public schools may award certification of proficiency to students for each content area in Maine’s Learning Results and report this data to the Department of Education. Permits the Department of Education to collect and report data aggregated from school administrative units.
  • I sponsored this bill.
  • Result: Became law without the Governor’s signature
• LD 1173: An Act To Improve School Administrative Efficiency and Expand Capacity for Professional Growth establishes criteria for providing grant funds to regional education collaboratives from the Fund for the Efficient Delivery of Educational Services to expand access to professional development, training, and support for teachers and school administrators.
  • I sponsored this bill.
  • Result: Became law despite Governor’s veto.
• LD 391: Resolve, To Create a State-run Virtual Academy Providing Maine Students with Access to Online Learning through Their Existing School Districts directs Department of Education to develop plans for public online digital learning opportunities.
  • I sponsored this bill.
  • Result: Concept of this bill was amended into LD 1230: An Act To Create a Digital Portal for Education
• LD 1207: Resolve, To Implement an Online Professional Development Platform for Teachers and Educators directs Department of Education to develop plan for a digital platform to provide high-quality professional development and training for educators.
  • I sponsored this bill
  • The concept of this bill was amended into a different bill, LD 1230: An Act To Create a Digital Portal for Education
• LD 1230: An Act To Create a Digital Portal for Education makes digital educational content and learning resources available to all students based upon the recommendations of an advisory group.
  • I cosponsored this bill and voted for it, as it incorporated policy from my two other bills, LD 391 and LD 1207.
  • Result: Became law despite the Governor’s veto
• LD 601: An Act To Clarify the Authority of Individualized Education Plans in Relation to Proficiency-based Diplomas allows students to demonstrate proficiency through evidence and alternative measures specified in an Individualized Education Plan.
  • I sponsored this bill
  • Result: The aim of this bill was included in LD 1235: Resolve, To Strengthen Standards-based Diplomas
• LD 1235: An Act To Strengthen Standards-based Diplomas creates an advisory group to make recommendations for the full implementation of proficiency-based graduation requirements.
  • I cosponsored this bill.
  • Result: Became law despite the Governor’s veto.
• LD 454: An Act To Enact the Student Information Privacy Act prohibits the operator of an Internet website, online service or mobile application designed, marketed and used for kindergarten to grade 12 purposes from presenting targeted advertising to students, amassing a profile of a student except in furtherance of school purposes, selling student data or disclosing student personally identifiable data without consent.
  • I cosponsored this bill.
  • Result: Became law despite the Governor’s veto.
• LD 1042: Resolve, To Create the Task Force on School Leadership establishes the Task Force on School Leadership to conduct a comprehensive study on excellence in school leadership in prekindergarten to grade 12 public schools.
  • I cosponsored this bill.
  • Result: Became law without the Governor’s signature.

Environment and Natural Resources

• LD 568: An Act To Protect Maine Lakes prohibits certain applications of fertilizers containing phosphorous or nitrogen within 25 feet of great ponds.
  • I voted for this bill.
  • Result: Became law without Governor’s signature.
• LD 795: An Act To Encourage Prudent Development along the Coast or in a Flood Zone by Considering Predictions for Sea Level Rise proposes to enact measures that would require sea level model predictions to be taken into account in the design phase of any development project on the coast or in a flood zone if more than 10% of the total funding for the project is state funding. Also proposes to enact measures to require coordination among state and federal agencies, universities and stakeholders concerning development projects on the coast or in a flood zone that may be affected by sea level rise.
  • I cosponsored this bill
  • Result: Carried over to second legislative session.
• LD 427: An Act To Address and Mitigate the Effects of Marine Debris proposes to enact measures to address and mitigate plastic pollution in the marine environment, including but not limited to micro-debris pollution. For the purpose of this resolve, “micro-debris” means particles of plastic approximately 5 to 10 microns in length that may be ingested by filter-feeding organisms in the marine environment.
  • I cosponsored this bill
  • Result: Carried over to second legislative session.

Energy, Utilities, and Technology

• LD 1263: An Act To Create Jobs and Promote Investment in Maine’s Economy through Increased Access to Solar Energy directs the Public Utilities Commission to convene a stakeholder group to develop an alternative to net energy billing.
  • I cosponsored this bill
  • Result: Became law despite the Governor’s veto.
  • Maine Bills Could Unlock Solar Future, if Lawmakers Show the Will to Move Forward
• LD 1063: An Act To Promote Community Broadband Planning and Strengthen Economic Opportunity throughout Maine directs the ConnectME Authority to fund planning grants to municipalities and regional groups to expand broadband in underserved areas.
  • I voted for this bill
  • Result: Became law despite the Governor’s veto.
• LD 1215: An Act To Provide Lower Energy Costs to Maine Businesses and Residences by Carrying Out the Legislature’s Intent Regarding Funding of the Efficiency Maine Trust corrects an error in statute which caused the Public Utilities Commission to incorrectly interpret legislative intent regarding the funding of the Efficiency Maine Trust.
  • I voted for this bill
  • Result: Became law despite the Governor’s veto.

Health and Human Services

• LD 205: An Act To Facilitate the Development and Operation of a Group Home for Post-High School Adults with Developmental Disabilities sought to support the development of the ‘Local Solutions’ house in Bar Harbor,
  • I sponsored this bill
  • Result: Proved to be unnecessary as expanded funding for Local Solutions’ residents is incorporated in the new state budget.
• LD 471: An Act To Improve Childhood Vaccination Rates in Maine sought to require a parent or guardian who is seeking a philosophical exemption to routine childhood vaccination when enrolling a child in school or a licensed daycare facility to present written documentation signed by a healthcare practitioner that the health care practitioner has reviewed with the parent information about the risks and benefits of immunization.
  • I cosponsored this bill and voted for it.
  • Result: Vetoed by Governor.
  • Victory for vaccine foes puts Maine kids at risk, Editorial, Press Herald
• LD 854: An Act To Increase Access to Health Security by Expanding Federally Funded Health Care for Maine People expands Medicaid coverage to qualifying adults up to 133% of the federal poverty line and qualifies the state to receive enhanced federal funding for 100% of the cost of those who enroll under the expansion.
  • I cosponsored this bill and voted for it.
  • Result: Passed in House 81-64; failed in the Senate 17-18, died in nonconcurrence.
• LD 1270: An Act Regarding Patient-directed Care at the End of Life enacts a process for patient-directed care at the end of life for terminally ill Maine adults. Provides that such a patient has a right to information and includes requirements for patient and physician action and documentation in the patient’s medical records of the steps taken. Authorizes a physician to prescribe a medication that the patient may self-administer for the purpose of hastening the patient’s death. Provides protections for the physician, the patient’s health care facility and health care providers. Protects the patient’s life insurance and the health care providers’ medical professional liability insurance. Protects the patient’s right to palliative care. Specifically states that nothing in the provisions of the bill may be construed to authorize a physician or other person to end a patient’s life by lethal injection, mercy killing or active euthanasia.
  • I cosponsored this bill and voted for it.
  • Result: Passed the House 76-70; Failed in the Senate 17-18; died in nonconcurrence.
  • Press: Dying Mainers deserve right to make final choice in life, Editorial, Press Herald
• LD 369: An Act To Align Municipal General Assistance Programs with the Immigration Status Policies of the Department of Health and Human Services allows a person who is lawfully present in the United States or who is pursuing a lawful immigration process to apply for general assistance for a period of up to 24 months.
  • I voted for this bill
  • Result: Became law without Governor’s signature
  • Press: Maine lawmakers make real progress toward welfare reform, Press Herald
• LD 526: Resolve, To Require the Department of Health and Human Services To Request a Waiver To Prohibit the Use of Food Supplement Benefits for the Purchase of Taxable Food Items requires DHHS to request a waiver from the US Dept of Agriculture to prohibit the use of benefits from the Supplemental Nutrition Assistance Program for the purchase of taxable food items.  Further requires DHHS concurrently to apply for federal funds to establish a Healthy Local Foods Initiative Pilot Program to improve the diets of recipients of SNAP benefits.
  • I voted for this bill
  • Result: Passed House 73-70; failed in Senate 12-22, died in nonconcurrence.
• LD 607: An Act To Stop the Abuse of Electronic Benefits Transfer Cards requires DHHS to adopt major substantive rules and to gain federal approval before moving forward with any plan to mandate photos on EBT cards.
  • I voted for this bill
  • Result: Passed House 72-70, a different amendment passed in the Senate 27-7, died in nonconcurrence.
• LD 1144: An Act To Ensure the Integrity of the Temporary Assistance for Needy Families Program formalizes in statute that TANF benefits may not be used for tobacco, gambling, alcohol, or lotteries. Requires DHHS to educate families about the restrictions on TANF benefits and to report to the legislature the costs and benefits of this prohibition.
  • I voted in favor of this bill as amended.
  • Result:  By a tie vote of 72-72, the bill failed in the House; a different amended version passed in the Senate 20-15; Died in nonconcurrence between House and Senate.

Labor, Commerce, Research and Economic Development

• LD 856: An Act To Amend the Competitive Skills Scholarship Program To Allow for Participation in Early College and Career and Technical Education Programs expands the Competitive Skills Scholarship Program to include participants who are under 18 years of age if they are full-time students at a public secondary school and enrolled in a career and technical education program at a career and technical education center or a career and technical education region.
  • I cosponsored this bill
  • Result: Became law despite the Governor’s veto.

Marine Resources

• LD 405: An Act To Support Expanded Capacity for Breeding Wild Atlantic Salmon in Downeast Rivers seeks to solicit and fund proposals to expand successful salmon hatcheries on Washington County rivers.
  • I sponsored this bill
  • Result: Carried over to second legislative session
• LD 98: An Act Amending the Trap Limit for the Swans Island Lobster Conservation Area increases the number of traps that an individual registered to obtain Swans Island Lobster Conservation Area trap tags may place or maintain from 550 to 600.
  • I cosponsored this bill
  • Result: Became law with the Governor’s signature.

• LD 222: An Act To Reduce Commercial Shellfish License Fees for Persons under 18 Years of Age reduces a commercial shellfish license for persons under 18 years of age to $67.
  • I cosponsored this bill
  • Became law without the Governor’s signature.

State and Local Government

• LD 408: An Act To Help Municipalities Prepare for Changes in Sea Level requires that growth management plans for coastal communities must include planning for impacts on infrastructure from sea level rise.
  • I voted for this bill.
  • Result: Vetoed by Governor
• LD 1378 An Act To Amend the Laws Governing the Issuance of Bonds and To Effectuate the Issuance of Bonds To Support Maine’s Natural Resource-based Economy requires the Governor to issue a general obligation bond that has been ratified by the voters except under certain specific conditions.
  • I voted for this bill
  • Result: Vetoed by Governor.

Taxation

• LD 13: An Act To Provide an Exemption from Sales Tax and Service Provider Tax to Nonprofit Collaboratives of Libraries
  • I cosponsored this bill.
  • Result: Vetoed by Governor.
• LD 1367: RESOLUTION, Proposing an Amendment to the Constitution of Maine To Eliminate the Income Tax. Governor’s bill proposes to amend the Constitution to prohibit the Legislature, beginning in 2020, from enacting, imposing, levying, or collecting income tax.
  • I voted against this bill because I believe it is irresponsible to remove the source of the major part of state revenue without concurrently negotiating what accompanying services are to be cut or what other taxes must be raised to balance the deficit.
  • Result: Failed in the House 64-82, passed in the Senate 20-14, the bill died in nonconcurrence..

Transportation

• LD 844: An Act To Improve Transit Services Statewide replaces the requirement in current law for biennial plans for regional transit with a requirement for quinquennial plans, which is consistent with federal requirements. The bill eliminates the Interagency Transportation Coordinating Committee and replaces it with a new Public Transit Advisory Council. The council is required to assist state agencies and the Legislature on issues related to public transit services.
  • I cosponsored this bill and voted for it.
  • Result: Became law despite Governor’s veto
• LD 247: An Act To Create Corridor Districts for the Purpose of Funding Transportation and Transit Services provides for voter-approved public transportation corridor districts to support the planning of regional transportation systems.
  • I voted for this bill
  • Result: Vetoed by Governor.
• LD 1080: An Act Making Unified Appropriations and Allocations for the Expenditures of State Government, Highway Fund and Other Funds and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2016 and June 30, 2017 is the state transportation budget.
  • I voted for this bill.
  • Result: Became law despite the Governor’s veto.
• LD 1301: An Act To Improve the Safety of Vulnerable Users in Traffic and To Clarify the Responsibilities of Bicyclists and Pedestrians creates a vulnerable user law to protect people on public ways who are not in motor vehicles. Consolidates statutory rights and duties of bicyclists.
  • I supported this bill which was enacted without a roll call.
  • Result: Became law signed by Governor.

Veterans and Legal Affairs:

• LD 364: An Act To Allow a Sales Representative To Serve Spirits or Wine at a Tasting Event provides that a licensed sales representative may pour samples of spirits, wine or malt liquor at a taste-testing event that has been authorized by the Bureau of Alcoholic Beverages and Lottery Operations at an on-premise retail licensee’s establishment, an agency liquor store or an off-premise retail licensee’s establishment.
  • I cosponsored this bill.
  • Result: Became law signed by Governor.
• LD 516: An Act Regarding Gaming prohibits lottery draw games with more than five daily drawings such as Keno.
  • I voted for this bill.
  • Result: Became law despite Governor’s veto.