Good Morning from Augusta,
The Legislature has returned for its special session and is now full speed ahead, with battle lines drawn between Democrats and Republicans toward mid-June when it is expected to adjourn for the year.
As I stated last week, the Legislature had to adjourn last Thursday, March 30th, in order for the budget to take effect 90 days after adjournment and before July 1st. All pending legislation not acted on was carried over and the Governor called the Legislature back this past Wednesday to conduct a special session to complete all of their business or carry work over to 2024. It is doubtful that much will be accomplished in a bi-partisan fashion the rest of the way because of the antics that were used last week on the budget.
1,575 of the expected 2,000 bills have now progressed on the path to legislation, transitioning from an LR# (Legislative Reference - bill request) to an LD# (Legislative Document - bill reviewed and approved by the Revisor's Office) and have been referred to committees of jurisdiction by both the Senate and the House of Representatives.
I have updated our bill tracking spreadsheet so you can see the bills and the related language.
Last Week’s Legislative Activity April 3 – April 7, 2023
Tuesday, April 4, 2023
Work Session, Labor and Housing Committee, LD 511, An Act to Clarify That Haulers Are Under the Jurisdiction of the Logging Dispute Resolution Board, This bill, sponsored by Senate President, Troy Jackson (D-Allagash), applies the provisions governing the State Board of Arbitration and Conciliation, Logging Dispute Resolution Board to persons hauling trees from forest land for a forest landowner. LD 511 is an expansion of the legislated unionization bill that Senator Jackson pushed through last year and became law without the Governor’s signature. Governor Mills vowed not to allow the Resolution Board to move forward, but it appears that she has reneged on her word and nominations will be made soon to allow this Board to move forward. This new legislation would allow trucking contractors to bring their issues before the Board. The PLC testified in opposition to this bill. As expected, the Committee voted along strict party lines, 7 Democrats to 6 Republicans to accept the Majority Ought to Pass report. You can watch the work session here by fast forwarding to 12 pm. The bill will now move to floor where it is expected to be enacted. The PLC is working with Governor Mills to encourage her to veto this legislation.
Public Hearing, Labor and Housing Committee, LD 961, An Act Regarding the Right to Request Flexible Working Arrangements for Employees This bill allows employees to request a flexible working arrangement from an employer up to twice per year. An employer must consider a request by an employee for a flexible working arrangement twice per year and discuss the flexible working arrangement with the employee in good faith. The employee and employer may discuss alternative arrangements to the flexible working arrangement. The employer is not required to grant the employee’s request for a flexible working arrangement. The bill sponsor decided to ask the Committee to kill the bill and the Committee voted unanimously Ought Not to Pass without conducting a hearing.
Public Hearing, Labor and Housing Committee, LD 1206, An Act to Create a Grant Program for Workplace Health and Safety Improvements, This bill requires the Department of Labor to administer a grant program and fund that provides up to $5,000 for employers to pay for health and safety improvements at workplaces with 15 or fewer full-time employees and to provide resources to obtain health-related and safety-related equipment and training. The PLC testified in support.
Wednesday, April 5, 2023
Work Session, Transportation Committee, LD 607, Resolve, To Direct The Department Of Transportation To Examine The Feasibility Of Extending Interstate 95 To The St. John Valley. Sponsored by Representative Robert Albert, LD 607 would direct the Department of Transportation to study the feasibility of extending Interstate 95 to the St. John Valley and make a report of its findings to the Joint Standing Committee on Transportation no later than December 6, 2023. The PLC testified in support of this legislation. The Committee tabled the bill to a future date.
Next Week’s Legislative Activity April 10 – April 14, 2023
Tuesday, April 11, 2023
Public Hearing, Taxation Committee, 1 pm LD 1303, An Act to Exempt Boats and All-terrain Vehicles Purchased for Qualified Commercial Fishing or Commercial Farming from State Sales Tax This bill, sponsored by Rep. Faulkingham (R-Winter Harbro), exempts from sales tax sales of boats and all-terrain vehicles used directly and exclusively in commercial fishing or commercial agricultural production to a qualified purchaser. The bill defines "qualified purchaser" to mean a purchaser who, pursuant to the law governing the refund of sales tax on depreciable machinery and equipment purchases, has obtained a certificate from the State Tax Assessor stating that the purchaser is engaged in commercial fishing or commercial agricultural production. It also requires the seller to obtain from the purchaser an affidavit as prescribed by the assessor attesting to the qualification of the purchase for exemption. The PLC will testify in support of this bill as the sponsor will amend it to allow timber harvesting companies to qualify.
Thursday, April 13, 2023
Public Hearing, Energy and Utilities Committee, 1 pm, LD 1408, An Act to Reduce Maine's Dependence on Fossil Fuels and Carbon Footprint for Energy Production Using Waste Wood Fuel, This bill, sponsored by Rep. Theriault (R-Fort Kent), increases the limit on the net generating capacity of a combined heat and power program participant from 10 megawatts to 20 megawatts and increases the maximum total net generating capacity of all program participants from 20 megawatts to 40 megawatts. The PLC will testify in support.
Public Hearing, Labor and Housing Committee, 2 pm, LD 1385, An Act to Amend the Maine Workers Compensation Act of 1992 Regarding Employee Liability. This bill, sponsored by Senator Jim Libby (D-Buxton) amends the Maine Workers' Compensation Act of 1992 to provide that an employee who intentionally or with gross negligence or while committing a criminal act causes another employee's injury or death is not exempt from civil actions, either at common law or under the Maine Revised Statutes, Title 14, sections 8101 to 8118 or Title 18‑C, section 2‑807. This bill allows the injured employee, or the legal representative of that employee, to either claim the compensation and benefits payable under the workers' compensation laws or obtain damages from or proceed at law against the offending employee to recover damages.
If the injured employee or the employee's beneficiary recovers damages from an offending employee, the injured employee shall repay to the employer, out of the recovery against the offending employee, the benefits paid by the employer under the workers' compensation laws, less the employer's proportionate share of cost of collection, including reasonable attorney's fees.
If the injured employee elects to claim compensation and benefits under the workers' compensation laws, any employer having paid the compensation or benefits or having become liable for compensation or benefits under any compensation payment scheme has a lien for the value of compensation paid on any damages subsequently recovered against the offending employee. If the employee or the employee's beneficiary fails to pursue the remedy against the offending employee within 30 days after written demand by the employer, the employer is subrogated to the rights of the injured employee and is entitled to enforce liability in the employer's own name or in the name of the injured party.
If the employer recovers from the offending employee damages in excess of the compensation and benefits paid or for which the employer has become liable, then any excess must be paid to the injured employee less a proportionate share of the expenses and cost of actions or collection, including reasonable attorney's fees.
The PLC will testify in support of this bill.
Contact Your Representative or Senator
Don’t know who your Representative or Senator is? A complete roster, sortable by town, is available here: House Members Senators
In your message, clearly state the bill(s) you support and why each one is important to Loggers in Maine. Introduce yourself and/or company.
- Identify the town you live in or where your business is located. If you work in multiple towns, please identify those towns (we need to show that harvesting occurs across the state);
- # employees (gross pay roll figure would be good);
- # of subcontractors your business supports (e.g. how much you spend for repairs, fuel, how many logging crews you keep busy, etc.),
- Volume of wood you move annually;
Conclude your message by thanking the Representatives for their service to the state and asking them to support these bills.
Have a great weekend and please do not hesitate to contact me if you have any questions or concerns.
Best,
Dana