The Maine Legislature was scheduled to statutorily adjourn on Wednesday, but it still had several matters to address at press time. As of late Wednesday afternoon, Republicans and Democrats were in a stand off on a number of spending initiatives, including a measure to fund the staff required to expand Medicaid coverage to 70,000 low-income Mainers, Gov.?LePage’s “tax conformity” bill and a potential bond package as well as funding for jails, drug treatment, residential care facilities and programs to support individuals with disabilities on waiting lists for services. And a bipartisan deal is far from certain.

Democrats are pushing for an up or down vote on an entire spending package to prevent LePage from vetoing individual bills, but Republicans oppose including funding for Medicaid expansion bill in the package even though it’s the law. Democrats have been opposed to the GOP tax conformity bill because the tax breaks contained it heavily favor the wealthiest Mainers and profitable businesses and uses up most of Maine’s projected $128 million surplus, which could be used for education, health care and other

Meanwhile, House Republicans are threatening to vote against extending the session for another a five days, which would kill all of the pending bills.

LGBTQ “Conversion Therapy” Ban Passes

Following a heated debate last week, the Maine House voted on party lines to pass LD 912, which would prohibit certain licensed professionals — such as physicians, psychologists and social workers — from practicing gay or gender identity “conversion therapy” on minors under the age of 18. The Maine Senate voted 18-17 Tuesday to allow conversion therapy as long as it doesn’t include physical abuse or the use of pornography. The bill faces further votes at press time.

Sometimes referred to as “gay reparative therapy,” the treatment aims to change a person’s sexual orientation or sexual identity under the premise that being gay, lesbian or transgender is a defect or mental disorder that can be cured. But a number of openly gay lawmakers argued that it is a form of abuse that further stigmatizes LGBTQ individuals. The measure does not prohibit clergy who are not licensed by the state from counseling parishioners.

The bill’s sponsor, Rep. Ryan Fecteau (D-Biddeford), said he contemplated suicide when he was a student at Catholic University after the administrator told him that being gay was a phase he could overcome.

“Without a doubt, there are children whose lives would be taken from us at the very suggestion of needing to be fixed or needing to be beyond gay,” said Fecteau. “Whether physical tactics or talk therapies, efforts to change what is not broken, to look for a trauma or difficulty that might have caused it, are harmful and at worst deadly.”

The Williams Institute at UCLA School of Law estimated that 20,000 LGBT youth in the US ages 13 to 17 will undergo conversion therapy from a licensed health care professional before the age of 18.

Fecteau’s bill is supported by the Maine Psychological Association, the Maine Medical Association, the American Medical Association, the Nurse Practitioner Association, NAMI Maine, the American Academy of Pediatrics and the Maine Chapter of the National Association of Social Workers. The American Psychological Association’s Code of Conduct prohibits gay conversion therapy.

Every House Republican voted against the bill. Longtime anti-gay activist Rep. Larry Lockman (R-Amherst), who led a 1995 referendum campaign to ban protection of gays and lesbians from discrimination, said the bill was part of a “larger campaign” by “left-wing progressives” to “shut down reality-based free speech,” before he was gaveled out of order by House Speaker Sara Gideon for impugning the motives of the bill’s supporters.

“The bill before us punishes licensed professionals who dissent from the prevailing progressive orthodoxy on the subject of gender identity disorder,” said Lockman. “Refusal to play ‘let’s pretend’ with patients will become a punishable offense. But nobody knows exactly where the boundaries are for therapists who will be under the thumb of the thought police and the nanny state enforcers.”

In a 1997 op-ed in the Bangor Daily News, Lockman also described anti-bullying and diversity initiatives to support gay and minority students as an affront to free speech and argued that “politically correct liberal fascism” would send the Thought Police on a mission to “serve as the eyes and ears of Big Sister.” In a 1987 op-ed in the Lewiston Daily Sun against funding AIDS education, Lockman accused “progressive, enlightened, tolerant people” of being responsible for the deaths of AIDS victims by “assur[ing] the public that the practice of sodomy is a legitimate alternative lifestyle, rather than a perverted, depraved crime against humanity.” In another 1990 op-ed in the Bangor Daily News against AIDS education, Lockman wrote that “the practice of sodomy is learned behavior” and that “those addicted to this form of biologically insane sex are at high risk for all manner of serious medical problems.”

During the debate on LD 912, Rep. Roger Reed (R-Carmel) was also gaveled down by the Speaker after he read a letter from a constituent stating that the bill was an “attempt by the LGBT community to legitimize the unnatural inclinations now approved by society over the natural inclinations.” After listening to the debate, Rep. Craig Hickman (D-Winthrop), who is openly gay and an evangelical Christian, stood up and recounted all the times he had been counseled about his sexuality by pastors, teachers, guidance counselors and his parents.

“And I just wanted to say that on the floor of the House today because it has been very painful to sit here and hear what I have heard,” said Hickman. “There are assumptions being made about those of us who are open about who we are, who love ourselves and love other people for who they are and who will not allow ourselves to be demonized by the words of anyone, even if the person is my pastor.”

LD 912 — Roll call, Midcoast Legislators
House (76 Yeas, 68 Nays)
Anne Beebe-Center (D-Rockland) Y
Owen Casas (I-Rockport) Y
Michael Devin (D-Newcastle) Y
James Gillway (R-Searsport) N
Jeffrey Hanley (R-Pittston) N
Stephanie Hawke (R-Boothbay Harbor) N
Erin Herbig (D-Belfast) Y
MaryAnne Kinney (R-Knox) N
Walter Kumiega (D-Deer Isle) Y
Deb Sanderson (R-Chelsea) N
Abden Simmons R-Waldoboro) N
John Spear (D-So. Thomaston) Y
Paula Sutton (R-Warren) N
Karl Ward (R-Dedham) N
Stanley Paige Zeigler (D-Montville) Y
Motion: Allow “Talk” Therapy
Senate (18 Yeas, 17 Nays)
Dana Dow (R-Lincoln Cty) Y
Dave Miramant (D-Knox Cty) N
Mike Thibodeau (R-Waldo Cty) Y

Senate Votes Down Internet Privacy Bill

The Maine Senate last week voted 19-16 to defeat LD 1610, which would have prohibited Internet service providers (ISPs) like Spectrum and Comcast from selling or sharing users’ personal information without their consent. The measure, which passed the House, would have also made it illegal for ISPs to penalize customers with additional fees or service refusals for not giving them consent to sell their data.

“The fundamental question is whether or not your internet service provider should be able to sell or share your personal information without your consent,” said the bill’s sponsor, Sen. Bellows (D-Kennebec Cty.), in a statement. “With the current controversy around Facebook and other online companies, I think it is pretty clear — we need to do something to protect Mainer’s private sensitive information online. To say I am disappointed qwith the actions in the Senate is an understatement. I believe our failure to act is a grave mistake and leaves Maine internet customers vulnerable to serious violations of privacy.”

Bellows submitted the bill last year after Republicans in Congress voted to overturn a Federal Communications Commission (FCC) rule that banned ISPs from selling their customers’ web browing data and other information to third parties. LD 1610 would also require the Legislature to study whether the state has the legal authority to restore net neutraility, which was repealed last year by the FCC.

“Think of your relationship to your phone company. The phone company lets you call anyone anywhere in the world, but we have laws in place that prohibit it from recording what you say and selling that information to the highest bidder,” said Rep. Heather Sanborn (D-Portland), a member of the Legislature’s Energy, Utilities and Technology Committee. “We should have the same rules for your internet service provider, ensuring that the personal information that you have to transmit over the internet cannot be skimmed off and sold without your knowledge.”

However, ISPs and telecom companies — including Spectrum’s parent company Charter Communications, T-Mobile, Comcast and AT&T — lobbied hard to defeat the measure. Matt Gagnon of the corporate-friendly Maine Heritage Policy Center argued that users should have the freedom to choose to have less privacy in exchange for a “customized online experience” and “personalized advertising.” If customers don’t want that, he reasoned, they can choose ISPs that don’t sell their data.

“Individual consumers are best positioned to make choices to benefit themselves and their families,” wrote Gagnon. “Informed customers shopping for a service promotes competition and innovation as providers strive to meet the demand. Cumbersome regulations impede this process and drive up the price of Internet connectivity.”

Internet Privacy — Roll call, Midcoast Legislators
House (82 Yeas, 63 Nays)
Anne Beebe-Center (D-Rockland) Y
Owen Casas (I-Rockport) Y
Michael Devin (D-Newcastle) Y
James Gillway (R-Searsport) N
Jeffrey Hanley (R-Pittston) N
Stephanie Hawke (R-Boothbay Harbor) N
Erin Herbig (D-Belfast) Y
MaryAnne Kinney (R-Knox) N
Walter Kumiega (D-Deer Isle) Y
Deb Sanderson (R-Chelsea) N
Abden Simmons (R-Waldoboro) N
John Spear (D-So. Thomaston) Y
Paula Sutton (R-Warren) N
Karl Ward (R-Dedham) X
Stanley Paige Zeigler (D-Montville) Y
Motion: Defeat the Bill
Senate (19 Yeas, 16 Nays)
Dana Dow (R-Lincoln Cty) Y
Dave Miramant (D-Knox Cty) N
Mike Thibodeau (R-Waldo Cty) Y

Female Genital Mutilation Bill Dies Between the Bodies

The Maine House and Senate both voted to make female genital mutilation (FGM) a crime under state law, but were unable to resolve a dispute over who should be punished for it so the bill died between the two bodies. The House version of LD 1904 would have made it a class A felony, punishable by up to 30 years in prison, for anyone to perform the procedure, which involves cutting the exterior part of a girl’s genitalia and sometimes completely removing the clitoris for non-medical reasons.

“FGM has been illegal at the federal level since 1996, and is against state law in 26 states,” said Rep. Barbara Cardone (D-Bangor) in testimony supporting provisions in the amendment on Feb. 26. “I believe Maine’s criminal code requires updating to clarify that this practice is indeed also illegal under Maine state law, and to ensure that it can be successfully prosecuted if a case were to arise here.”

World Health Organization estimates that 200 million women and girls have been cut in 30 countries in Africa, the Middle East and Asia. However, opponents of the bill like the ACLU, said that while they condemn the practice, it is already illegal under federal law and is considered a form of child abuse and assault under state law.

“We all in this chamber agrenital mutilation should never ever happen,” said Rep. Charlotte Warren (D-Hallowell) in opposition to the bill. “Every one of us. The good news is this is not happening in Maine. All of the data is clear. We have spoken with doctors in Lewiston, we have spoken with doctors in Portland. We have spoken with health practitioners from all across the state for more than a year. This is not happening in Maine. Here’s the other good news: if it were to happen in Maine, we already have the tools to fully prosecute this to the fullest extent of the law.

Rep. Lois Reckitt (D-So. Portland) added that the bill could also stigmatize the immigrant community in Maine.

“No one in the chamber condones FGM. We all don’t want it to happen to another young girl,” said Reckitt. “Our differences are in how we get there and how much collateral racism we’re willing to risk to do so. My position remains, Maine has too much at stake impacting the lives and viability of all its citizens to be distracted by ideology-driven laws that are bad and misguided policy.”

The Republican-led Senate version of the bill would have also made it a felony to “knowingly consent” to FGM “of a female individual under 18 years of age” or to “knowingly transport a female individual under 18 years of age outside of this state for purposes of” FGM.

“With this crime there are many perpetrators without whom this crime cannot occur,” said Rep. Heather Sirocki (R-Scarborough) in opposition to the House amendment. “With this report, a person may not be charged as an accomplice unless, again, the cutter is arrested. I have been told that I must compromise and accept this committee report because ‘well, it is better than nothing.’ Better than nothing? I am sorry, but Maine’s at-risk girls are worth more than that.”

Democrats opposed the Senate amendment, arguing that the language was vague and that criminalizing parents would only hurt the victims more. In February, the Southern Poverty Law Center published emails showing Sirocki worked with the anti-Muslim group ACT for America to garner support for the Republican bill.

LD 1904 — Roll call, Midcoast Legislators
Motion: Defeat the Bill
House (65 Yeas, 77 Nays)
Anne Beebe-Center (D-Rockland) Y
Owen Casas (I-Rockport) Y
Michael Devin (D-Newcastle) Y
James Gillway (R-Searsport) N
Jeffrey Hanley (R-Pittston) N
Stephanie Hawke (R-Boothbay Harbor) N
Erin Herbig (D-Belfast) N
MaryAnne Kinney (R-Knox) N
Walter Kumiega (D-Deer Isle) Y
Deb Sanderson (R-Chelsea) N
Abden Simmons (R-Waldoboro) N
John Spear (D-So. Thomaston) N
Paula Sutton (R-Warren) N
Karl Ward (R-Dedham) N
Stanley Paige Zeigler (D-Montville) Y
Motion: Pass Senate Amend.
Senate (30 Yeas, 5 Nays)
Dana Dow (R-Lincoln Cty) Y
Dave Miramant (D-Knox Cty) N
Mike Thibodeau (R-Waldo Cty) Y

Bill to Expand Access to Narcan Passes

The Maine House voted 132-7 and the Senate voted unanimously last week to allow pharmacists to dispense the life-saving drug Narcan to people under the age of 21 without a prescription. A similar bill passed last year over the governor’s veto, but the state Board of Pharmacy delayed approving the rules for several months because it was waiting for the governor to sign off on the rules. Gov. LePage strongly opposed allowing 18-year-olds to access the drug, which can reverse the effects of an opiate overdose, because he was upset that the Legislature passed a law upping the age to purchase cigarettes to 21 last year. In February, the Board finally voted to approve the rules, but amended them to prohibit individuals under the age of 21 from purchasing the drug, to appease the governor. In response, House Speaker Sara Gideon (D-Freeport) submitted LD 1892 to override the Board’s decision.

“Overdoses can strike anyone at any time, and in every opportunity, we should be trying to save every life possible. My colleagues in the Legislature are well aware of this,” said Gideon in a statement. “While the hold-up of Narcan dispensation has been beyond frustrating, I want to thank them for advancing this piece of legislation. We can no longer ignore the impact of this epidemic, disregard the underlying causes or the lack of access to needed treatment and, clearly, we can no longer delay access to life-saving medicine.”

The bill now heads to the governor’s desk where it could face a veto. But while House Republicans have previously upheld similar Narcan vetoes, House Republican Leader Ken Fredette (R-Newport) made a surprising reversal on April 3 when he urged his caucus to support the bill. Fredette, who is running for governor, said that while he opposed expanding access to Narcan in the past, he has since “evolved” on the issue after visiting people recovering from addiction at a drug treatment facility in Washington County.

“We are in a crisis in Maine and in this country dealing with addiction,” said Fredette. “I don’t believe that this is the best answer, but it is the answer that we have today.”

Every member of the midcoast delegation voted to support the bill.

House Passes “Fair Chance” Hiring Bill

The House and Senate have passed a bill to change the way state employers ask job applicants about their criminal history. LD 1566 would still allow people in charge of hiring decisions to ask applicants about their criminal history, but it would first give them a chance to present their qualifications before getting to questions about their criminal background. The bill’s sponsor, Rep. Rachel Talbot-Ross (D-Portland), said LD 1566 is about giving a second chance to people who have made mistakes in the past.

“Allowing for a real conversation around an applicant’s qualifications as well as his or her past not only benefits those with an arrest or conviction record but also their kids and families, our economy and our state as a whole,” said Talbot-Ross in a statement. “An arrest or conviction record has devastating consequences for employment. This is a step toward making the process fairer for qualified job seekers who want to work.”

The original bill would have prohibited both private and public employers from requiring job applicants to disclose information about their criminal history, but it was amended to just change the way state employers ask about it. Thirty states and 150 cities and counties have adopted so-called “ban the box” laws or policies that prohibit asking about criminal history on job applications, according to the National Employment Law Project. The bill was supported by drug reform advocates as a way to help people who have struggled with addiction keep their livelihood and sustain their recovery. But House Republicans opposed the bill out of concern that it would put an unfair mandate on employers.

“Depending on the area of employment the applicant is going for, there could be a very good reason to know this information sooner rather than later, thus saving time and effort in screening potential applicants,” said Rep. Deb Sanderson (R-Chelsea).

LD 1566 — Roll call, Midcoast Legislators
House (81 Yeas, 61 Nays)
Anne Beebe-Center (D-Rockland) Y
Owen Casas (I-Rockport) Y
Michael Devin (D-Newcastle) Y
James Gillway (R-Searsport) N
Jeffrey Hanley (R-Pittston) N
Stephanie Hawke (R-Boothbay Harbor) N
Erin Herbig (D-Belfast) Y
MaryAnne Kinney (R-Knox) N
Walter Kumiega (D-Deer Isle) Y
Deb Sanderson (R-Chelsea) N
Abden Simmons (R-Waldoboro) N
John Spear (D-So. Thomaston) Y
Paula Sutton (R-Warren) N
Karl Ward (R-Dedham) N
Stanley Paige Zeigler (D-Montville) Y

Bill to Help Low-Income Parents Pursue Education Becomes Law

A bill aimed at helping low-income parents go back to school or get job training went into law this week without the governor’s signature. The Leveraging Investments in Families for Tomorrow (LIFT) will leverage nearly $2.2 million in unused funds to create the Higher Opportunity for Pathways to Employment (HOPE) program, which will help up to 500 low-income Mainers obtain associate’s degrees or bachelor’s degrees in either health care, technology or engineering. HOPE will also provide participants with child care and transportation while they pursue their degrees. Participants’ income must be at or below 185% of the federal poverty level ($37,297 for a family of three) to qualify for the program.

In a statement, the low-income advocacy group Maine Equal Justice Partners called the bill, which passed unanimously “under the hammer” through the Legislature, an “example of what can be accomplished when politics are put aside.”

“Families need a fair shot to get ahead in this economy, and we know that education and training are the surest ways to get that,” said MEJP policy analyst Joby Thoyalil. “We also know that when low-income parents go back to school, they often face significant barriers to completing their education — this bill will help knock down those barriers.”

House Speaker Sara Gideon (D-Freeport), the bill’s sponsor, said in a statement that the new law will also help address the state’s labor shortage.

House Upholds Veto of Jail Visitation Bill

On a vote of 84-62, the Maine House failed to override Gov. LePage’s veto of LD 1414, which would have required sheriffs to allow in-person visitation between prisoners and visitors except when administrators believe it poses a safety or security risk. The bill was submitted to address the trend of jail administrators substituting video screens for contact visits between inmates and family members in an effort to stop drug trafficking. Testifying in support of the bill last May, Joseph Jackson of the Maine Prisoner Advocacy Coalition said that many people who have become incarcerated are being denied human contact.

“Take some time to imagine how many times you give or receive a hug in a day, and how therapeutic this simple gesture is in each of our lives,” wrote Jackson. “What does this contact or lack thereof do to the 20,000 children Annie Casey says are impacted in Maine by having an incarcerated parent? Does this policy strengthen or weaken familial bonds?”

But in his veto letter LePage said the bill would micromanage county jails regardless of a sheriff’s ability to provide appropriate staffing or security measures during visits. “Maine’s jails already must deal with inmates entering their facilities with significant addictions and mental health issues. They do not need security operations compromised by this bill,” wrote the governor.

All the Republicans in the midcoast delegation voted to sustain the veto and all of the local Democrats and Rep. Owen Casas (I-Rockport) voted to override.

Bill to Allow Nonresidents to Hunt Pre-Season Passes

Earlier this month, the Senate voted to override Gov. Le-Page’s veto of a bill (LD 1823) that renews a provision in law that allows large landowning nonresidents who let people hunt on their land to participate in residents-only deer hunting day. All of the members of the midcoast delegation voted to override, except Reps. Paula Sutton (R-Warren) and Deb Sanderson (R-Chelsea). In his veto message LePage wrote that allowing people to hunt on the Saturday before open season is a privilege that should be reserved for Mainers.

“I encourage anyone who wants to hunt on that day to declare residency,” wrote LePage. “I do not favor an extension of this pilot program and believe the exception should sunset on September 15, 2018, as originally passed.”

But in urging his colleagues to override the veto, Rep. Bob Duchesne (D-Hudson) — the House Chair of the Inland Fisheries and Wildlife Committee — noted that because Maine doesn’t have a lot of public land, it has a longstanding tradition of allowing public access to private land. And in order to maintain that tradition, the state has various incentives it grants to large landowners that allow public access to their land.

“One of those ‘thank-yous’ in recent years has been that if you are a non-resident landowner of 25 acres or more and you allow us to hunt on your land, then you can also hunt on resident-only day on the first day of deer hunting season,” said Duchesne. “This was unanimous in committee. We reasoned that if you are paying local taxes and you’re giving us access to your land for an entire season we can give you one day.”

Harsh Deer Baiting Penalty Repealed

Both the House and Senate unanimously voted earlier this month to override Gov. LePage’s veto of a bill (LD 1816) to reduce the penalty for hunting deer over bait from a lifetime ban for the second offense to a two-year hunting license suspension. The bill repeals a law passed last year that implemented the lifetime suspension. In his veto letter, Gov. LePage said he was concerned that a two-year suspension was not a strong enough deterrent to dissuade hunters from violating the law.

“Hunting deer over bait prosecutions have steadily increased since 2004,” wrote LePage. “More than 100 hunters a year are prosecuted for this violation, and I believe stricter penalties are needed to reduce this noncompliance.”

But Rep. Bob Duchesne (D-Hudson) argued that the bill simply puts the penalties for deer baiting in line with other punishments for other hunting offenses. He noted that the penalty for hunting out of season, hunting while intoxicated, night hunting, discharging a firearm within 100 yards of a house and hunting deer over bait is all one-year suspension for the first offense. But commit any of those violations a second time and it’s a two-year license suspension — except for hunting deer over bait.

“There is no other mandatory lifetime suspension in any other part of state law,” said Duchesne. “If you do really serious stuff like if you go night hunting with night vision equipment it’s five years. If you don’t even have a hunting license and you commit any of these offenses it’s five years. If you accidentally shoot someone it’s five years! But if Bambi goes down with an apple in his mouth you’re suspended for life. No appeal, no opportunity for review by the commissioner to consider extenuating circumstances.”

Veto of Waldo County Woodshed Bill Overriden

The Maine House voted 147-2 to override Gov. LePage’s veto of a bill (LD 1755) to provide a sales and use tax exemption to nonprofits that provide heating assistance to low-income individuals. Members of the Waldo County delegation sponsored the bill on behalf of Waldo County Woodshed, a nonprofit that provides 1/4-cord piles of firewood for short-term heating assistance to families in need.

In his veto letter, LePage argued that there are already too many tax exemptions in state law and that fewer than four organizations in the state would benefit from the new exemption. He said that while all the organizations combined would save $1,000 in sales tax, it would cost the state nearly $50,000 to create and implement the exemption.

“Said another way: The juice is not worth the squeeze,” he wrote.

But local reps said it was. In the winter of 2016-17, the organization distributed more than 100 cords of wood to over 400 families and the organization is hoping to use the tax credit to purchase equipment, such as the Woodshed’s new dump truck and log conveyor.