Good morning from Augusta,
The 131st Maine Legislature has scheduled what we think is their last day of work on May 10th. The Senate will convene at 9 am and the House will begin shortly after at 10 am. During this time, the legislature will take up the Governor’s vetoes and any unfinished business that is still in their possession, such as bills that require funding on the Special Appropriations table. Below is a list of the bills vetoed by the Governor that will need to be acted next Friday before the legislature adjourns sine die (without day).
- April 29, 2024 - L.D. 2086, An Act to Amend the Law Governing Disposition of Forfeited Firearms (PDF)
- April, 26 2024 - L.D. 1231, An Act to Bring Fairness in Income Taxes to Maine Families by Adjusting the Tax Brackets (PDF)
- April, 26 2024 - L.D. 373, An Act to Ensure Employer and Employee Harmony in Clean Energy Development Projects (PDF)
- April, 23 2024 - L.D. 2273, An Act to Establish a State Minimum Hourly Wage for Agricultural Workers (PDF)
- April, 23 2024 - L.D. 525, An Act to Enact the Agricultural Employees Concerted Activity Protection Act (PDF)
- April, 23 2024 - L.D. 2135, Resolve, Regarding the Operation and Future Capacity of State-owned Landfills (PDF)
There is one bill left that we are supportive of that has a chance to be passed during the veto day, it is Senate President Jackson’s LD 2279, An Act to Promote Equity in the Forest Products Industry by Allowing Commercial Wood Haulers to Be Eligible for Certain Sales Tax Exemptions and Refunds. This bill seeks to add commercial wood haulers, including tractors, trailers, and semi-trailers, to the sales tax exemption list, similar to wood harvesting equipment. The bill is currently in the unfinished business section of the Senate Calendar and we suspect that it will be brought up at some point during the day because it is a priority for Senator Jackson. We are hopeful to get this bill across the finish line because it will provide a tax benefit for many of our member companies.
You can find more information on legislation from our bill tracking spreadsheet here.
Bills the PLC is Following on the House and Senate Floor
LD 372, An Act to Increase Enforcement and Accountability for Wage and Hour Violations. The PLC testified in opposition to this bill as it 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. LD 372 was passed in both the House and the Senate and was signed into law by Governor Mills on April 22nd.
LD 513, Act Regarding Overtime Protections for Certain Maine Workers. The PLC testified in opposition to this bill last year. Sponsored by Senator Tipping (D-Penobscot), this bill will require 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. This bill was passed by the House and the Senate and was placed on the Special Appropriations Table. There is almost a $3 million fiscal note attached to the legislation and is unlikely to be funded.
LD 1487, An Act to Ensure That Residents of the State Have the Right to Repair Their Own Electronic Devices. 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 passed a majority report along party lines concentrating on home appliances and personal devices such as cell phones, tablets, computers, etc. The Republican members of the committee wanted the bill more simplified and opted to vote for a different amendment to only incorporate personal hand-held devices. Both reports have exempted off-road and heavy equipment from the bill. This bill was engrossed in the Senate and has been placed on Unfinished Business in the House. The bill will most likely stay on the table and die upon official adjournment.
LD 1648, An Act to Make Changes to the Farm and Open Space Tax Law.
This bill, sponsored by Rep. Boyle (D-Gorham) establishes a new method for the valuation of land under the farm and open space tax law. Last year, PLC testified in qualified support, but insisted that changes be made to encourage forest management on open space to encourage the growth and harvest of more wood, not less, and not make land a haven for carbon management (no harvest). A revised version of the bill was presented to the Taxation Committee by The Nature Conservancy (TNC), the primary supporter of the bill. TNC presented the bill on behalf of the stakeholder group the PLC is part of that had been collectively working on the new language. The PLC is in support of the working group’s recommendation. LD 1648 was passed in the House and Senate and was placed on the Special Appropriations Table.
LD 2191, An Act to Provide Relief to Small Businesses Affected by Severe Weather-related Events. The bill includes a one-time General Fund appropriation of $50 million in fiscal year 2023-24 to the program. The PLC testified in support of this bill during the public hearing. As amended, the bill includes assistance to loggers for income replacement and dedicated funding to establish a Wood Salvage and Reclamation Program in the Department of Economic and Community Development to provide grants to landowners and contractors effected by the recent severe weather events. LD 2191 was passed to be enacted and has been placed on the Special Appropriations Table. This bill will not receive funding as the Supplemental Budget included a storm relief package tailored toward infrastructure improvements and not income replacement. This bill will likely die upon adjournment.
LD 2212, An Act to Strengthen Maine's Agriculture, Food System and Forest Products Infrastructure Investment. LD 2212 is sponsored by Speaker of the House, Rachel Talbot-Ross (D-Portland) and is one of the initiatives that we are very supportive of this session. LD 2212 provides a $10 million appropriation to the Maine Agriculture, Food, and Forest Products Investment Fund and makes changes to who appoints members of the advisory board. The PLC recently testified in support of the bill as it could provide new opportunities for our members to get grants and low interest loans for their businesses for equipment and reinvestment. The bill was passed to be enacted and placed on the Special Appropriations Table where it will await funding. This bill will likely not receive funding; however it is the Speaker’s bill and she may have an opportunity to find a new funding source to get the bill across the finish line.
LD 2279, An Act to Promote Equity in the Forest Products Industry by Allowing Commercial Wood Haulers to Be Eligible for Certain Sales Tax Exemptions and Refunds. This bill, sponsored by Senate President Troy Jackson (D-Aroostook), aims to include commercial wood hauler’s tractors, trailers, and semi-trailers in the sales tax exemption list, similar to wood harvesting equipment. The PLC testified in qualified support of this bill. The Senate President and the Speaker of the House were at odds on the Supplemental Budget and this bill, a priority for Senator Jackson, was essentially held hostage during negotiations. We are hopeful it may be moved off the table on Veto Day.
Regulatory and Rule-Making Issues
The Paid Family and Medical Leave Benefits Authority will have its second meeting next week on Tuesday, May 7th from 9am-11am. These meetings are open to the public to be attended in person or over Zoom. The address and Zoom link are included below and I encourage anyone interested to take some time observe the meeting.
Tuesday, May 7 from 9-11am
Location: Francis Perkins room at 45 Commerce Drive
Augusta, Maine, 04333
You can watch the meeting at the following: https://mainestate.zoom.us/j/89920660978
Webinar ID: 899 2066 0978
Have a great weekend, and please do not hesitate to contact me if you have any questions or concerns.
Best,
Dana