Bills address safe water, elections and scalloping

Washington County legislators are introducing bills addressing a wide range of issues in the new legislative session, from grounding the scallop fleet on bad weather days and providing safe drinking water for tribal members, to decriminalizing individual drug possession and reforming elections in the state. Since the bills that were introduced during the past legislative session died once the legislature adjourned because of the pandemic, a number of them are being submitted again, including an omnibus measure that will reframe the relationship between the state and the four tribes in Maine and one that would split Washington and Hancock counties into two prosecutorial districts.

Scalloping, DA districts, taxing nonprofits and bowhunting
Rep. Will Tuell of East Machias has introduced a bill, at the urging of several Cobscook scallop fishermen and Chris Gardner, executive director of the Eastport Port Authority, to ground the scallop fleet on extremely bad weather days. Many scallop boats from Eastport and Lubec went dragging on the opening day of the season this year, even though winds were gusting over 50 knots, as the fishermen did not want to lose a day of the limited season. Under the bill, the Department of Marine Resources would have the authority to ground the fleet and give fishermen a makeup day within a week. Fishermen who fish despite the weather could face a license suspension and have to cover the cost of a rescue should that prove necessary. The bill also calls for a referendum among license holders and would go into effect for the next scallop season if approved. If not approved, the issue would go to the Scallop Advisory Council to develop their own proposal and bring back as new legislation. Tuell comments, "This is something that has been talked about for years and needs to happen for the safety of our fishermen who feel as though they have to fish in extreme weather or lose significant income."
Tuell also has submitted a bill to formally split Washington and Hancock counties into two different prosecutorial districts. He notes, "Last year's bill, which would have held a referendum, was sidelined by the pandemic. And given the timeframe we are working with, I have submitted the bill as a straight up split this year." Noting that the election for district attorney will be in 2022, he comments that the decision "really needs to happen sooner rather than later if we are going to elect our own DA next year."
Another bill would require nonprofit organizations to work with towns on payments in lieu of taxes (PILOTS). If no agreement can be reached, the municipality would have the option of asking voters whether it should charge at least 50% of the property tax value to the nonprofit.
"One other bill I have in requires that bow and crossbow hunters cannot hunt within 100 yards of a residence," Tuell states. "This has been submitted at the request of residents in Machiasport who have posted their land as a result of hunters taking advantage of a loophole in the law." Currently, firearms hunters cannot hunt within 100 yards of a residence, but bow and crossbow hunters can.
Two bills concerning education have been submitted by Tuell. One would allow educators with 35 years in the field to retire without penalty. The other would increase funding to rural areas that do not receive full state subsidy for the cost of hiring a teacher by adjusting the state's subsidy formula over three years so that every district gets at least 100%.
Another bill sponsored by Tuell would continue funding for Maine's veterans homes that the legislature approved in the last budget cycle. "While funding was originally set to sunset this coming year, the pandemic has truly crippled our veterans homes," Tuell says. While securing funds will be challenging, he says the legislature needs to recognize how important it is that veterans care facilities remain open.
Tuell also has several additional bills he's introducing.

Tribal-related bills
Bills concerning the tribes in the state include one to implement the recommendations of the Task Force on Changes to the Maine Indian Claims Settlement Implementing Act. This past August the Judiciary Committee recommended legislation that would make changes to the act that governs the relationship between the state and the tribes. Both Rep. Jeffrey Evangelos of Friendship and Rep. Rachel Talbot-Ross of Portland may be introducing that legislation in the new legislature.
Also, Rep. Benjamin Collings of Portland is introducing a bill to create fairness for the tribes in Maine with respect to the conduct of gaming activities within Indian territory or trust land. The legislation would have such gaming activities governed by the federal Indian Gaming Regulatory Act, which is not currently the case in Maine.
Rep. Rena Newell of the Passamaquoddy Tribe has introduced a bill that would remove barriers that keep the tribal citizens of Sipayik from having access to safe drinking water. While the Passamaquoddy Water District has been working to address issues with water quality, a number of tribal members at Sipayik feel that the water is not safe to drink.
Newell is sponsoring three bills to add tribal members to state boards. They would establish a permanent Wabanaki appointment to the University of Maine Board of Trustees; to the Marine Resources Advisory Council; and to the Maine Inland Fisheries and Wildlife Advisory Council.
Rep. Newell notes that a State of The Tribes Address has also been proposed. She states, "Initial support to this proposed event has been received from leadership of both chambers, the Speaker of the House Ryan Fecteau and Senate President Troy Jackson. I certainly remain hopeful that this event takes places, as one has not been held since March 2002."

Election reform bills and responsible investing
Senator Marianne Moore of Calais has submitted three bills concerning elections. One would allow non residents who own property in a municipality to vote on local issues. Moore notes, "Through the years I have had a number of people who own camps/houses in the area, paying a good amount of taxes; however, they complain they have no say as to how the monies collected are being spent, who is authorized to make the decisions for the municipalities, nor have a say as to the costs of supporting schools."
A bill that would make changes in the election process in Maine was requested by a constituent. The changes would include: requiring a voter identification card; allowing only in person voting or, for those who cannot vote in person, requiring certified delivery and collection by two people to thwart manipulated votes; only allowing legal Maine citizens to vote; not allowing ballots after polls are closed; requiring that only paper ballots be used; prohibiting vote buying; and not allowing those who are incarcerated to vote.
The third election-related bill was also requested by a constituent and would allow political signs on private property beyond the state's right of way only for 30 days before an election.
Moore also is introducing a bill concerning socially responsible investing by state agencies and offices at the request of a constituent. The bill defines socially responsible investing as "the practice of investing money in companies and funds that have positive social impacts and divesting from companies and industries that are corrupt, environmentally destructive or socially damaging." The bills would aim to integrate socially responsible investing into the decision making of endowment, trust or investment funds created by state law or maintained by state agencies or offices.
Other bills being sponsored by Moore would amend physician assistant scope of practice as it relates to hospital emergency rooms; address custody agreement enforcement; support healthcare providers during proclamations of state public health civil emergencies; and amend the procedures for veterinarians in the controlled substances prescription monitoring program.
Moore is also resubmitted a bill to increase funding for the St. Croix International Waterway and one to recognize May 1, 2021 as Purebred Dog Day.

Decriminalizing drug possession and health-related bills
Rep. Anne Perry of Calais is introducing a bill that proposes to decriminalize individual use and possession of drugs that are currently illegal. Under the measure, possession of a schedule W, X, Y or Z drug would be only a civil offense and be subject to a fine of no more than $75.
Another bill would amend state law to simplify the ability for small towns to do GIS mapping in order to create shoreland zoning maps.
Many of Perry's other bills are related to healthcare. One would establish a commission on health systems development that would include members of the healthcare industry and consumers. The purpose of the commission would be to review health data and make recommendations regarding improving the health systems in the state.
Another bill would eliminate the provision in the law requiring a nurse practitioner to be under the supervision of a physician or supervising nurse practitioner or be employed by a clinic or hospital that has a medical director who is a licensed physician for at least 24 months.
A bill concerning telehealth would make permanent the changes made in telehealth payment definitions and reimbursement during the COVID-19 pandemic.
Perry is also reintroducing bills she sponsored previously. They include a resolve that would direct the Department of Health and Human Services to review the progressive treatment program and processes by which a person may be involuntarily admitted to a psychiatric hospital or receive court ordered community treatment; a bill to assist nursing homes in the management of facility beds; a resolve to improve access to bariatric care; a bill to allow certified registered nurse anesthetists to bill for their services; and legislation to improve healthcare data analysis.

Abortion and plastic bag ban
Rep. Kathy Javner of Chester says the two main bills that she is introducing are to repeal taxpayer-funded abortion and to repeal the single-use plastic bag ban in the state.

Seafood sustainability certification
Among the bills being introduced by Rep. Robert Alley of Beals are two concerning sustainability certification of Maine seafood products. One relates to aquaculture products including farm-raised salmon and oysters, and the other relates to lobsters, so that Maine lobsters can be identified through the distribution supply chain.
Alley also wants to help with the sustainability of the blueberry industry in the state. "We need to make sure Maine berries stay marked as Maine berries," he says. Labeling of the iconic berries is needed, he says, along with an increase in the price paid to growers.
Two other bills sponsored by Alley would allow any Maine resident 70 or older who is incapacitated to obtain a moose-hunting license at no charge and would provide support for Maine Families of Washington County. The organization, which is based at the Down East Community Hospital, offers free services to families with newborns.