Bills in limbo after session not extended

Critical state funding issues, including two bills connected to the fate of the Downeast Correctional Facility in Machiasport, are hanging on whether or not the state legislature returns for a special session. On Wednesday, May 2, the House Republicans voted to not extend the regular session.
Senator Joyce Maker of Calais says, "We returned to Augusta on Wednesday, May 2, for one final day to address 20 outstanding vetoes. While we were there, the House caucuses tried one final time to come to an agreement to extend the legislative session by a few days so we could vote on a number of key issues that remain unfinished, including the bill to continue funding the Downeast Correctional Facility and hopefully the funding of LD 177 if we are not successful." LD 177, sponsored by Rep. Robert Alley of Beals, would remove an age penalty for state retirees working at state correctional institutions that are closing. She adds, "Unfortunately, the two caucuses were unable to reach an agreement, so the legislature adjourned sine die, meaning, without a day."
As one of the House Republicans who voted to extend the session, Rep. Will Tuell of East Machias says, "I am very disappointed, discouraged and frustrated at the way we ended session. Some will say we wasted a lot of time that we could have spent working on bills. That is true." He points out that every senator voted to extend the session -- not just Republicans. "A few disgruntled Democrats didn't pitch a fit and walk out. They voted to stay, because we have a process, and we have work to do. I believe both Republicans and Democrats are committed to doing that work, and it is truly embarrassing that enough of my House Republican colleagues chose not to extend."
The House voted 82‑66 to extend, but the vote did not meet the two‑thirds vote requirement. Of the members of the Washington County delegation, Rep. Beth Turner of Burlington voted not to extend; Rep. Alley and Rep. Anne Perry of Calais joined Tuell in voting to extend the session.
Maker says that the Senate is united in its desire to return in order to finish its work. "As soon as an agreement in the House of Representatives is reached, I am confident we will return to address our unfinished work in a special legislative session."
A special session, if it happens, would cost taxpayers extra. Tuell explains, "It is going to cost $18,600 more a day to have us in for a special session. That's because each of us gets $100 a day in pay. On top of meals and lodging, on top of travel, on top of the cost to have chamber staff and legal staff in place to keep the place running. So we could go back in special session for one day, but assuming there will be more vetoes, assuming everything doesn't get done in one day, it is more likely to be three or four days. That's what? Another $60‑70K above and beyond. But that's only if we adjourn within three or four days."
There are many more policy and funding bills in limbo besides that of the Machiasport prison. Tuell lists some of them. "We are leaving so many important issues up in the air. The prison is one we are all familiar with in Washington County. But it is not the only one." He lists funding measures for education and county jails and a bond for roads and bridges that remain stalled. Then there's tax relief for small businesses and families and federal and state tax code reconciliation.
Tuell continues, "Whether we start the process of expanding Medicaid -- I did not vote for that last November, but it passed, and it passed locally, so I am obligated to see it through -- is a very important issue." He adds, "Senator Maker and Rep. Perry worked very closely with Washington County providers on a bill to help people addicted to drugs connect with services -- that bill passed overwhelmingly, but is also hung up in this foolishness. So it is much more than just the prison why I voted to stay." A 2017 state referendum on Medicaid expansion was approved by 59% of the voting public and is now past its April 2018 deadline.
The Bangor Daily News reports that House Minority Leader Ken Fredette told the media after adjournment on May 2, "I don't think Republicans are going to vote to come back and finish up this work with a bill that's going to have [Medicaid] in there." He added, "Our people are not going to go back into special session until we see bills that we can support." The newspaper also notes that now that the legislature has adjourned, candidates running for office are able to collect campaign donations from lobbyists or groups that pay lobbyists, which Maine law prohibits during regular, extended and special sessions. The paper says this "could be a boost for Fredette, who is running in next month's primary against three opponents with a lot more money than he has been able to raise for his campaign."
As for the Machiasport prison, Tuell notes that his bill, LD 1704, to fund the prison for one more year needs to pass and have the legislature override the governor's expected veto or the prison will close. "If we do not go back [for a special session] before June 30, then the bill will still be there but the prison won't be." He adds, "If we do, and it makes it to the governor's desk, it'll get vetoed, and people will have to decide if they want to save the prison or stand by the governor. It is that simple." However, he stresses that there is no guarantee that the legislature is going back or when.
"If we do, a majority of Republicans will have to vote to go back. A majority of Democrats will have to vote to go back. And the one Green Independent in the Maine Legislature will have to vote to go back. If he chooses not to, even if a majority of the other two parties agree, we are not going back. So we could be in a situation where you have one person deciding whether we go back for the whole 186 of us. That's not how this was supposed to work, and I honestly think we are in uncharted waters if something like that were to happen," Tuell says.