Contours of 2012 Legislative Session Starting to Take Shape

Tuesday, November 08, 2011
Augusta, ME

Though the Maine Legislature does not meet until January 4, 2012, we already have some indication of what the session will look like. Legislation, whether introduced by individual legislators, carried over from last year, submitted by State agencies or submitted by the Governor, combined with a budget deficit and the fact that all 186 legislative seats are up for election in 2012 will produce a fast-moving, interesting session.

On October 31, 2011, the Legislative Council, the ten members of legislative leadership, met and voted on whether 288 proposed bills could be introduced next year. In a little over two hours, the Council pared the list down, deciding to allow 117 of these legislator-proposed bills to be introduced next session. Sponsors with rejected bills can appeal those decisions on November 17, 2011, but with this first cut at the list of bill proposals, the Legislature’s work load for next year becomes a little clearer.

The bills accepted by the Legislative Council cover many different subject areas but, generally, appear to be limited in their scope. In the environmental area, a bill proposing to fund the operation of the State’s newly acquired Dolby Landfill was accepted as was a bill to limit open burning in neighborhoods and a bill regarding Site Law exemptions. In the employment area, a proposal to revisit legislation allowing employees to take guns to the workplace in certain circumstances was not authorized to be introduced next year. Energy bills touch upon bridge contracts for biomass generators and supporting the expansion of the availability of natural gas in Maine. A number of bills were approved that touch upon prescription medications. A bill exempting gasoline retailers and wholesalers from liability from the sale of gasoline containing ethanol was also approved for introduction. Minor tax proposals, such as expanding a sales tax exemption for the purchase of wood pellets and exempting busses from the sales tax were also approved. Some areas seem to be perennially revisited by the Legislature, with next year’s session being no exception. They include changes to the Maine Uniform Building and Energy Code, changes to fees at county registries of deeds and changes to the vehicle inspection program.

In addition to these 117 bills and any appealed bills that are later accepted, the Legislature will consider over 50 bills that have been submitted by Executive Branch departments and agencies and 134 bills that have been carried over from this year to next year.

Finally, budget related matters will occupy a good part of the legislative schedule next year.  A Streamlining Task Force created to find $25 million in budget savings during the current biennium will present its recommendations to the Legislature.  Though revenues are exceeding projections, spending at the Department of Health and Human Services is now projected to be $71 over budgeted levels.  Consequently, a supplemental budget will be introduced in order to make up for this significant budget hole.  Additionally, Republican resistance to a bond package appears to be weakening, signaling that a bond package may also be on the horizon next year.

All of these initiatives will keep members of the Legislature occupied as they meet from January until mid-April next year.

If you have questions regarding the next legislative session and how it may affect your business, please contact John Delahanty, Andrea Maker or Avery Day in Pierce Atwood’s Government Relations practice group.