Good Morning from Augusta and welcome to the long weekend,
Five weeks to go until the statutory date of adjournment (June 21) and a sense of urgency is still lacking amongst legislative leadership. That said, new bills and ridiculous amendments (See LD 1190 and LD 1964 below) are still being introduced at the last minute and the classic legislative strategy of waiting until the 11th hour to introduce something monumental in hopes of slipping one by the goalie is in full effect.
As I stated last week, committees were told that they must vote on or carry over all bills by Friday, May 26th. This deadline came and went and only one or two committees met the deadline.
As a result (no surprise), committees have been given more time and it looks like May 26th is now June 2nd. The presiding officers have now provided a new session schedule for the month of June and they will only meet for one session day next week on Thursday and the rest of the week will be spent trying to jam bills out of Committee or carrying them over to 2024. The real fun starts the week of June 5th as the bodies will actually meet three days that week and then will move to five days a week for the final two weeks before hopefully leaving town on the 21st. Stay tuned as nothing is as it seems down here.
This past week had more fun than you could possibly imagine (both good and bad) and a full recap is below.
Things are finally slowing down on the new bill front as only 10 new bills were introduced. 2,003 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 May 22 – May 26, 2023
Wednesday, May 24, 2023
Work Session, Agriculture, Conservation and Forestry Committee, LD 1849 An Act to Ensure Fair and Timely Payment in the Harvesting of Forest Products, This bill, sponsored by Senator Troy Jackson (D-Allagash) requires the Department of Agriculture, Conservation and Forestry or a wood scaler under contract with the department to conduct random inspections to ensure that a contractor is paid within 15 days of weighing wood. The PLC testified in support that service contractors get compensated if harvested wood does not get transported within 15 days of being piled roadside. Senator Jackson introduced an amendment for the bill today that would mandate payment for logging services within 30 days of wood being piled roadside and the Committee voted 9-4 in support of the amended bill, with two Republicans voting in support with seven Democrats. You can watch the proceeding here by fast-forwarding 9:30 am:
https://legislature.maine.gov./audio/#214?event=89048&startDate=2023-05-24T09:00:00-04:00
Work Session, Agriculture, Conservation and Forestry Committee LD 1874, An Act to Support Maine Loggers' and Truckers' Right to Work in Maine by Improving Labor Standards, This bill provides that the Department of Agriculture, Conservation and Forestry may obtain certification from a forest certification program for state land only if the program requires labor standards for logging and trucking. The PLC submitted testimony in support of such a provision on state owned lands when those lands carry forest certification. It was clear from the public hearing on this bill that Senator Jackson was intent on exposing the relationship/conflict of interest that the state has with the Maine Forest Products Council and SFI. As part of the work session request for further information, the Committee asked for payment information from the State Bureau of Parks and Lands regarding who it pays for SFI in Maine. This information clearly showed that BPL pays dues to the Maine Forest Products Council and has been doing so for the last 25 years in an amount more than $100,000 over that period of time. The Committee also asked for the Bylaws of SFI in Maine, which disclosed that it is a program of the Maine Forest Products Council and during the work session, Pat Sirois admitted that he is an employee of the Maine Forest Products Council. Details on these relationships can be found here under “Status in Committee” on the left side and then click on “Public Hearing Testimony”. The work session also exposed the fabrications of truth that MFPC and the Bureau of Parks and Lands provided to the Committee at the public hearing. Senator Jackson made the case that there is a significant conflict of interest between MFPC and the state and the Committee voted 7-6 in support of the bill and it will now move to the floor of the Senate.
You can watch the proceeding here by fast forwarding to 10:24 am:
https://legislature.maine.gov./audio/#214?event=89048&startDate=2023-05-24T09:00:00-04:00
Work Session, Labor and Housing Committee, LD 1190, An Act to Ensure a Fair Workweek by Requiring Notice of Work Schedules, This bill, sponsored by Senator Mike Tipping (D-Penobscot), initially required employers who employ 250 or more employees worldwide to provide hourly employees at least 2 weeks' prior notice of the employees' work schedules, with compensation owed for schedule changes under certain circumstances.
In a surprising move, the bill sponsor decided to amend the bill at the work session without sharing the amendment beforehand and make it applicable to all employers in the state. The PLC peppered the sponsor with an email to signal our opposition as we did not testify on the original bill. We would ask any and all constituents of Senator Tipping to reach out to him to tell him that this is a bad bill for Maine loggers.
Work Session, Taxation Committee, LD 1894, An Act to Establish a Home Heating Tax Exclusion. This bill allows an individual taxpayer an income tax deduction for costs incurred by the taxpayer for electricity, oil, wood or other fuel used to heat the taxpayer's primary residence located in this State. The PLC testified in support of this bill. The Committee voted unanimously Ought Not to Pass to kill this bill.
Thursday, May 25, 2023
Public Hearing, Labor and Housing Committee, LD 1964, An Act to Implement the Recommendations of the Commission to Develop a Paid Family and Medical Leave Benefits Program, sponsored by Senator Maddie Daughtry (D-Brunswick), this bill implements a paid family and medical leave benefits program based on the recommendations of the Commission to Develop a Paid Family and Medical Leave Benefits Program established by the 130th Legislature. The program provides up to 12 weeks of family leave and up to 12 weeks of medical leave to eligible covered individuals. An individual is eligible for leave under the program after earning at least 6 times the state average weekly wage in the preceding 4 calendar quarters prior to submitting an application or if the individual is self-employed and has elected to be part of the program. The maximum weekly benefit amount is capped at 100% of the state average weekly wage. The weekly benefit amount is 90% of the covered individual's average weekly wage. The bill establishes the Paid Family and Medical Leave Insurance Fund to support the program. The funds for administrative costs and payment of benefits come from payroll contributions of no more than 1% of wages shared by employers and employees, except that employers with fewer than 15 employees are not required to make employer contributions to the program. The bill also authorizes employers to provide these benefits through a private plan as long as the benefits for family and medical leave provided to their employees are the same as provided in the program. The PLC testified in adamant opposition along with PLC Board Member, Steve Hanington, Hanington Bros. Thank you, Steve.
The sponsor introduced an amendment to the bill at the public hearing and of course did not let anyone see it beforehand.
In an interesting twist, Governor Mills testified Neither For Nor Against the bill, signaling support, but requesting that it be in line with Maine’s current law on the use of unpaid leave for Family and Medical purposes and also asked that the business community not have to pay for it.
The work session is scheduled for Thursday, June 1st and we ask all of our members, especially those who have a Representative or Senator on the Labor and Housing Committee, to send emails to them letting them know you are opposed to this legislation. Labor and Housing Committee member email addresses can be found here.
Next Week’s Legislative Activity May 30 – June 2, 2023
Thursday, June 1, 2023
Work Session, Labor and Housing Committee, 1 pm, LD 1190, An Act to Ensure a Fair Workweek by Requiring Notice of Work Schedules,
Work Session, Labor and Housing Committee, 1 pm, LD 1964, An Act to Implement the Recommendations of the Commission to Develop a Paid Family and Medical Leave Benefits Program,
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