At least so far, it’s been a session to forget for Maine lawmakers | Douglas Rooks

Two-thirds of the way through the legislative session, it’s safe to say lawmakers are not off to a rip-roaring start; rather the reverse. The flood tide of legislation continues apace. Through the third week of April, the number of bills is matching the record pace of 2023, with nearly 1,800 introduced so far.

Only a small proportion have made it through the legislative gauntlet, however. Douglas Rooks has been a Maine editor, columnist and reporter for 40 years. The author of four books, his new study of the Ken Curtis administration is due next year.



He welcomes comment at [email protected]. The only substantive achievement has been passage of a “current services” biennial budget through Democratic votes alone that leaves important questions unanswered.

It doesn’t include Gov. Janet Mills’ tax proposals, such as adding $1 per pack to cigarettes and subjecting streaming services to the sales tax, let alone numerous legislative proposals. Nor does it allow for any new spending, and those bills too are beginning to pile up.

Then there are major fund transfers — in a newly austere environment not seen before during the Mills administration — that may need reconsideration. And even that modest achievement is threatened by a people’s veto effort launched by disgruntled Republicans. We may not know until June whether any budget will be in effect when the fiscal year begins July 1.

Relations between the parties are strained, to put it mildly. The major rupture came on Feb. 25 when Democrats approved Speaker Ryan Fecteau’s move to censure Rep.

Laurel Libby, R-Auburn, over fervent Republican objections. Libby has been outspoken about what she sees as protecting girls and women against competition from transgender athletes, and posted images online of a Greely High School athlete winning a state event. Democrats said this unauthorized posting invaded the student’s privacy, though it didn’t make much practical difference.

The athlete and family made no effort to conceal identify, and the facts were obtainable elsewhere. Still, Libby violated legislative policy, and censure was the result. The effects have been mixed.

Libby cannot speak on the floor or vote on bills, which she argues disenfranchises her constituents. Again, the impact is relatively minor. Censure doesn’t affect ability to speak and vote in committee, and Libby introduced several bills after the penalty was imposed.

One vote in the 151-member chamber rarely affects the outcome. The rules require Libby to apologize to the House or convince her colleagues to reverse the censure vote. Failing that, the penalty lasts until the end of the current Legislature in 2026.

Libby shows no sign of backing down, but a federal judge made clear last week she’s not likely to prevail. District Judge Melissa DuBose said legislative immunity applying to official actions covers Speaker Fecteau’s censure motion. DuBose wrote that this “is a legislative act that does not, according to binding case law and within the context of this censure, qualify for the narrow exception carved out for conduct of an extraordinary character.

” Courts are always reluctant to intervene in internal legislative matters, and Libby’s continued appeals will likely fail. So it’s gridlock all the way. On the budget there might be a future ray of hope, though not one that will help in the current biennium.

On Tuesday, Sen. Rick Bennett, R-Norway, introduced a bill, LD 1636 , before the Appropriations Committee that would study moving the state’s fiscal year start from July 1 to Oct. 1, matching the federal fiscal year also used by two other states, Alabama and Michigan.

Bennett sees the measure, which if enacted would produce a report for next year’s session, as providing valuable time to work on the budget. If passed by majority it must now be completed by March 31, halfway through the session. Otherwise, budgets as emergency legislation must pass by two-thirds, and during the Mills years Democrats have rarely made the attempt.

An Oct. 1 fiscal year start would allow lawmakers to pass a budget by majority, then adjourn on time; I testified for the bill. There would be other advantages.

Maine is the only state with such an elaborate process, and aligning with the federal fiscal year would allow state agencies to match grant cycles and programs. Fundamentally, it’s simple — the budget’s second year could once be extended from 12 to 15 minutes with spending levels constant. There would be adjustments for municipalities and school districts, which is why they would be represented on the working group.

The Judicial Branch asked for a representative, and counties might make a similar request. There’s little doubt the change would make for more orderly adoption of the budget. There’s always been horse-trading and deal-making between the parties, and within them as well.

That will remain. But making timing and adoption of the budget more predictable is a decided advance. Given the current mood, that qualifies as a big deal.

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