Dozens of bills left in limbo now have chance to be enacted this session

The Legislature's Appropriations and Financial Affairs Committee meets on May 7 to deal with unresolved legislation, from left to right, Sen. Jill Duson (D-Cumberland) and co-chairs Sen. Peggy Rotundo (D-Androscoggin) and Rep. Melanie Sachs (D-Freeport). (Emma Davis/ Maine Morning Star)

Of the more than 200 bills stuck in limbo between passage and funding when the Maine Legislature wrapped much of its work last month, 80 now have a chance to still be enacted this session. 

Among the measures include bills to bolster existing state statutes, such as to establish a unit to enforce violations of the Maine Civil Rights Act and an advisory council to ensure Wabanaki and African American studies requirements are effectively taught in schools. 

Another would expand the state’s clean elections program, specifically allowing candidates for district attorney to participate in the Maine Clean Elections Act.

Some of the bills target well-known deficits in Maine, specifically services for children. A pilot project to help alleviate the staffing crisis in the child welfare system and legislation to improve family court procedures could now have a future. Others target lesser known inadequacies , such as a bill to formalize the renaming of places through a designated state board. 

Expanded tax relief could be realized for veterans, and Mainers who struggle with the cost of their prescriptions could see a cap on certain drug costs.

This is because the Maine Legislature’s Appropriations and Financial Affairs Committee voted to move these bills “off the appropriations table” on Tuesday, though they are not yet guaranteed to be funded as they still must be approved by the Legislature.

Bills that land on the “appropriations table” have already passed the full Legislature. However, if they aren’t explicitly funded in the state budget, they need to be paid for using remaining unappropriated money — which this year ended up being roughly $11.4 million. 

This total was not known the day of statutory adjournment, April 17, as the Legislature did not pass the budget until the early morning of the next day. 

Sen. Peggy Rotundo (D-Androscoggin), who co-chairs the committee, acknowledged at the start of the meeting that there are differences of opinion as to whether lawmakers can vote on bills, aside from vetoes, without calling a special session. The Legislature routinely schedules a day to cast votes to overturn or sustain the governor’s vetoes after statutory adjournment, known as “veto day,” which is slated for Friday.

“The Appropriations Committee is here today to take some items off the table and in hopes we will be able to address additional work on Friday,” Rotundo said. 

Some committee members pushed back, including Rep. Sawin Millett (R-Waterford) who questioned whether the joint order passed April 17 outlining that the Legislature can return “when there is a need to conduct business or consider objections of the Governor” applies to the enactment of bills off the table. 

“This might lead to a new opinion from the attorney general,” Millet said. 

The committee did something known as “running the table” on Tuesday, where members made motions to move some of the more than 200 bills off of the table, either passing measures as is or with amendments. 

For bills moved off the table as proposed, they’ll next head to the Senate for enactment. 

The bills regarding tax relief for veterans, a place names board, and the civil rights unit fall in this category, for example. Some others include measures to provide Indigenous people free access to state parks, increase the inclusion of demographic data from state agencies in the legislative process, establish a statewide sexual assault forensic examination kit tracking system and identify unidentified human remains in the state.

In contrast, bills that the committee moved off the table but amended will need to be enacted again by both the Senate and House. Most of the amendments involved stripping the bills of funding but retaining the policy change proposed, changing allocations from ongoing to one-time, or moving allocations from the current fiscal year to the next. 

As an example, the committee amended the bill to establish the Wabanaki and African American Studies Council. The proposal had included funding for financial literacy too (more on that here) but the committee removed that piece and overall decreased the cost from $3 million to $500,000. 

The committee also advanced but reduced costs associated with another bill related to Wabanaki studies. A bill to pilot Wabanaki-centered curriculum in non-Native high schools initially called for $200,000 but will now head back to the chambers with a fiscal note of $50,000. 

However, the fates of most measures on the table were essentially sealed by what the committee chose not to do Tuesday. 

The committee did not vote on more than 100 bills that still remain on the table. While a passive act, it is a pivotal one, as bills left on the table when the Legislature officially adjourns will automatically die. 

(Of note, a handful of bills that remain on the table were funded in the budget, so while the Appropriations Committee has left them on the table, the substance of the measure became law by another means.) 

Some bills poised to die include measures to speed up criminal trials, create an Office of Tribal-State Affairs, and set minimum standards for towns to share election information, among others. 

Many eyes were on these decisions Tuesday, as advocates packed the committee room in the otherwise quiet State House in Augusta. After beginning more than two hours after the scheduled 1 p.m. start, the committee worked into the evening, the audience dwindling as the sun set. 

“We’ll see you on Friday,” Rotundo said at the conclusion of work around 8:30 p.m. 

On Wednesday morning, House Speaker Rachel Talbot Ross (D-Portland) released a statement in support of the committee’s actions.

“These investments will address immediate needs in our communities and represent careful consideration from legislators throughout the session,” Talbot Ross said. “By prioritizing initiatives that will improve health care, advance equitable outcomes and better educate our children, we are striving to create a Maine where everyone has a fair chance to thrive and succeed.”

Editor’s Note: This story was updated to include comment from House Speaker Rachel Talbot Ross shared after publication.

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