Good morning from Augusta,
On Tuesday of this week, the PLC testified in support of LD 2191. The bill, sponsored by Senator Craig Hickman (D-Kennebec), would establish an emergency relief program for small businesses that have been affected by recent extreme weather events. There was overwhelming support from elected officials from counties that were impacted as well as the business community.
The bill has a $50 million fiscal note attached. However, the funding source for the program has yet to be determined and Senator Hickman has left it up to the committee to decide the best path forward.
While testifying, the PLC provided the committee with our recent survey results from the December 18th storm. We felt it was important to emphasize the losses and damages facing the logging industry that are not insurable and help is needed for contractors struggling with the additional costs incurred from storm damage. Currently, there are no programs to help loggers with damages due to loss of work like there are for other agriculture-based industries.
The committee was receptive to our suggestions and will work to help answer any questions they have going forward in the bill process. A work session for the bill has not been scheduled, but we are expecting it to be in the next couple of weeks.
If you are interested in listening to the full work session, click here.
Next week, we will continue fighting bills in the Labor and Housing Committee regarding wage and hour violations that could have an impact on contractors in the logging industry. You can find more information on these bills below or from our bill tracking spreadsheet here.
Last Week’s Legislative Activity February 12 – February 16, 2024
Tuesday, February 13, 2024
LD 2191, An Act to Provide Relief to Small Businesses Affected by Severe Weather-related Events, Public Hearing - Innovation, Development, Economic Advancement and Business Committee
This bill would establish the Small Business Weather Emergency Relief Program to provide relief payments to small businesses affected by severe weather-related events and directs the Department of Economic and Community Development to adopt rules for the administration of the program, including eligibility requirements, application processes and methods for determining award amounts, no later than March 30, 2024. The bill includes a one-time General Fund appropriation of $50,000,000 in fiscal year 2023-24 to the program. The PLC will testify in support of this effort and if implemented correctly, it could provide a lifeline for loggers and truckers who have suffered losses due to the extreme weather events over the past month and a half.
The PLC testified in support of this bill. More information on this bill can be found above.
LD 1487, An Act to Ensure That Residents of the State Have the Right to Repair Their Own Electronic Devices, Work Session - Innovation, Development and Economic Advancement Committee.
The PLC testified Neither for Nor Against this bill in 2023 and is monitoring it. The membership feels strongly that information must be provided by the OEM’s, but it should not be provided for free.
The committee is planning on concentrating more on personal devices such as cell phones, tablets, computers, etc. We will continue to monitor this bill until it no longer includes off-road equipment.
The work session was postponed on this bill due to the public hearing for LD 2191 taking up a large portion of the committee’s time that day.
LD 1911, An Act Concerning Automotive Right to Repair, Work Session - Innovation, Development, Economic Advancement and Business Committee
LD 1911 was submitted by Representative Bruce White (D-Waterville) last session with the intention of the legislation to be a competing measure with the referendum. Now that the Right to Repair ballot measure was passed in November, the committee is attempting to use this bill as a vehicle to amend the referendum.
A new amendment brought forward for LD 1911 that replaces the bill entirely. The new language amends the automotive right to repair law as follows; provides the definition of dealer, diagnostic and repair information, immobilizer system, independent repair facility, manufacturer, motor vehicle, owner; amends the definition of “telematics system” to stipulate services provided; removes the establishment and enforcement of the “independent entity,” repeals the provision on required equipment; stipulates the applicability to mobile communications; establishes enforcement by the independent repair facility or owner, and the Attorney General; stipulates interpretations.
The new language of the bill specifically includes commercial and heavy-duty motor vehicles and requires manufacturers and dealers comply with telematics and diagnostic system requests of repair facilities.
The committee moved the new amendment language forward with a 6-1 vote. Representative Sayre (D-Kennebunk) was the only vote in opposition. He was in favor of amending the amendment to restore section 2 and 6 regarding the independent entity and wanted to clarify structure around the reporting of the entity.
Thursday, February 15, 2024
LD 372, An Act to Increase Enforcement and Accountability for Wage and Hour Violations, Work Session – Labor and Housing Committee
This bill aims to increase enforcement by expanding the scope of wage and hour violations, doubles the penalty for liquidated damages, and allows the director of the Bureau of Labor Standards to assess forfeiture up to $1000 against an employer who violates any provision of Title 26 Chapter 7 and Chapter 15 of the employment practices statute. Current law only pertains to Chapter 7, sections 1 – 4, and this bill would expand the enhanced penalties to ALL of Chapter 7 and ALL of Chapter 15. The bill goes above and beyond what is in federal law and would make Maine an outlier.
The PLC testified in opposition to this bill on Tuesday, February 6th. The work session on this bill was postponed and was rescheduled for February 22nd.
LD 513, An Act Regarding Overtime Protections for Certain Maine Workers, Work Session - Labor and Housing Committee
The bill, sponsored by Senator Mike Tipping (D-Bangor) annually raises the minimum salary that an employee who works in an executive, administrative or professional capacity must earn in order for that employee to be exempt from the laws governing the minimum wage and overtime pay until it is, when converted to an annual rate, greater than 4,500 times the State's minimum hourly wage on January 1, 2026. It provides that the overtime pay requirement applicable to employees of nonprofit corporations may be met through compensatory time agreements. It directs the Department of Labor to adopt routine technical rules, including rules regarding compensatory time for employees of nonprofit corporations. The PLC testified in opposition to this bill.
Senator Tipping brought forward an amendment that would do the following: “an employee that works in an executive, administrative, or professional capacity must earn $55,086 beginning January 1, 2025, to be exempt from the laws governing minimum wage and overtime pay. Includes and annual adjustment starting January 2026 based on the percentage of annual increase in certain earnings published by the US DOL”.
The committee voted in favor of Senator Tipping’s amendment by a party-line vote. The Democrat members of the committee moved forward even though the federal government has not officially established the new rule. This will again make Maine an outlier.
Next Week’s Legislative Activity February 19 – February 23, 2024
Thursday, February 15, 2024
LD 372, An Act to Increase Enforcement and Accountability for Wage and Hour Violations, Work Session – 1pm, Labor and Housing Committee
The PLC testified in opposition to this bill. More information on this bill can be found above.
Rule Making and Regulatory Issues
Maine Department of Labor: Paid Family and Medical Leave Listening Session - February 28, 2024, 5:30pm – 7:00pm via Zoom
The Maine Department of Labor (MDOL) will host a listening session regarding the new Paid Family and Medical Leave (PFML) Program. The listening session is an opportunity for members of the public to raise questions and identify areas that need clarification in the legislation. These questions and areas needing clarification will be used to inform the official rulemaking process, which will begin in the spring. This informal listening session does not replace and is in addition to the formal regulatory process governed by the Maine Administrative Procedures Act (MAPA).
This listening session will allow informal public comment on any provisions related to the PFML law. Staff will open the meeting to hear from the public to participants who wish to comment but will be allowed up to two minutes to speak. If all questions and comments provided during the public comment period have been exhausted prior to 7:00 p.m. the event will conclude.
The session will be held via Zoom on February 28, 2024, from 5:30-7:00 p.m. If you are not able to access this meeting online, there will be access to watch at the Maine Department of Labor Frances Perkins Room, 45 Commerce Drive, Augusta. Please use the Career Center entrance when arriving. Attendance will be limited to 500 people. If the webinar is full, a recording of this event will be posted to the Department's PFML webpage after the event has concluded.
Information regarding the PFML Program, including the implementation timeline and the PFML legislative language, can be found here. To ensure we maximize public comment, please review the PFML law at your earliest convenience.
Click here to register for the listening session on February 28. Registration is free.
Have a great weekend, and please do not hesitate to contact me if you have any questions or concerns.
Best,
Dana