Legislative recap for Wednesday, June 18

What was billed as the final day of the legislative session on Wednesday was not. But it saw hours of debate on the budget proposal as well as dozens of remaining bills, many of which traveled back and forth between chambers as lawmakers weighed which would pass and which would not.

However, the chambers adjourned shortly after 9:30 with several proposals left in limbo, including a data privacy bill (LD 1088) that the Maine House of Representatives rejected 77-70 but was never taken up by the Senate.

Ahead of the House vote, sponsor Rep. Rachel Henderson (R-Rumford) said data privacy had been a “hot topic in caucuses” this week. Henderson’s bill is the version favored by businesses that uses a notice and consent model, allowing companies to collect data as long as consumers agree to it in privacy notices. However, the House has yet to vote on the competing plan, which was backed by the Judiciary Committee. Sponsored by Rep. Amy Kuhn (D-Falmouth), LD 1822 uses a standard called data minimization, which broadly means limiting the collection of personal information to only what is necessary to fulfill the consumer service. The Senate has yet to consider either bill. (Read more about these proposals here).

The chambers opted not to adjourn sin die, or finally, on Wednesday and plan to reconvene next week in coordination with when the Appropriations and Financial Affairs Committee “runs the table.” 

About 300 bills that passed both chambers but need funding still remain in limbo on what’s called the appropriations table. The appropriations committee, which manages this table, will ultimately decide which proposals to fund with any remaining unappropriated money.

Some of those proposals are bills to establish a task force to suggest reform to the real estate property tax, ensure the already required teaching of Wabanaki and African American studies are effectively taught in Maine schools, provide more funding for family planning services, fund proper disposal of syringe litter and expand testing for forever chemicals in private wells, among others.

It remains to be seen whether the chambers will also take up data privacy or other stranded measures when they return.

For now, here’s an overview of what happened Wednesday.

Both the House and Senate enacted a bill (LD 1971) to restrict local authorities from carrying out federal immigration enforcement, after narrowly giving initial approval on Tuesday. (Read more about the proposal here.)

Both chambers have now backed legislation (LD 556) that would prohibit a municipality from banning a particular energy system or distributor, after the Senate voted 17-16 on Wednesday to align with the House in favor of the measure. Sen. Matt Harrigton (R-York) noted that many municipalities currently have climate agendas in which they outline future plans to ban certain heat sources, “we should be doing everything in power…to make sure those plans are halted ahead of time,” he said. Ahead of the enactment vote in the House, Rep. Dan Ankeles (D-Brunswick) said he feared this would be one of the most environmentally damaging bills the Legislature would send to the governor this session. The bill is currently being held in the House.

After initially rejecting the measure, the Senate voted 19-15 on Wednesday in favor of a proposal (LD 1270) to make the governor’s energy office a cabinet level department, following the House in support. The bill is now on the appropriations table. (Read more about this proposal here).

Both chambers rejected a bill ( LD 746) that would permit municipalities to impose a 2% sales tax on short-term lodging, if approved by referendum, to be used to fund affordable housing. (Read more about this bill here.)

A suite of bills aiming to amend portions of the Right to Repair law (LD 442, LD 1227 and LD 1394) were rejected by both chambers in light of the passage of another bill (LD 1228) that would clarify certain terms in the Automotive Right to Repair Laws passed by citizens initiative in November 2023.

Legislation (LD 532) that sought to study assaults on health care workers is essentially dead after the chambers could not agree on the issue.

Following the House, senators on Wednesday finally enacted legislation (LD 1666) that would expand ranked-choice voting for general and special elections for gubernatorial, state senators and state representative races. 

After both chambers insisted on their positions regarding LD 1298, which would establish an alternative pathway for someone to become a licensed social worker who has failed the licensure exam, the bill is now effectively dead. During the extensive House debate, lawmakers highlighted a tension between the state’s dire need for behavioral health support and the risk posed to children by having potentially unqualified people making important determinations about health and safety.

 education Emergency legislation (LD 549) directing the Department of Public Safety to establish a sexual assault forensic examination kit tracking system, and another emergency bill (LD 1816) to conduct an inventory of existing forensic examination kits in the possession of law enforcement passed both chambers with support of more than two-thirds of members, which is required to take effect immediately. They were both moved to the appropriations table to vie for remaining funds. (Read more about this issue here).