This Week in Augusta – 4.27.2015 edition

Date: April 27, 2015

The flow of newly printed bills has dwindled to a
trickle.  Meantime, legislative
committees are very busy with hearings and work sessions during this last week
of April.  Members of the Appropriations
Committee are working hard on reporting out the 2016-2017 State Budget in early
May.  Differing ideas about tax relief
and tax reform are expected to lead to competing partisan budgets for floor
fights in the Senate and House.

SESSION

Senate & House Sessions – 10 a.m. Tuesday, Wednesday, Thursday

LEGISLATION

As of today 1,374 bills have been printed.

www.mainelegislature.org/legis/bills/bills_127th/billtexts/

Ideas for new laws include:

  • Amend the Maine Constitution to eliminate the
    income tax (Governor’s Bill – LD 1367)
  • Encourage greater efficiency in the Unemployment
    Insurance system (LD 1371)

WORKER SCHEDULING RIGHTS

Two bills that set standards for predictability in
scheduling employees and impose other workplace management standards will be
heard April 27 at 9:30 a.m.  No state has
yet adopted this radical new form of control over workplaces.  San Francisco adopted a first-in-the-nation
law late last year that takes effect in July.

LD 1101 – Retail Workers Bill of Rights

Applies to retail establishments with 10 or more
workers (excludes nonprofit and governmental entities);

Requires 2 weeks prior notice of employee
schedules, with compensation owed for schedule changes under certain
circumstances;

  • Requires compensation to affected employees for
    changes in schedules in certain circumstances
  • Paying part-time employees the same wage as
    full-time employees;
  • Providing part-time employees the same paid or
    unpaid time off as full-time employees;
  • Providing part-time employees the same
    eligibility for promotions as full-time employees; and
  • Offering additional work to part-time employees
    before hiring new employees or using contractors or temporary staffing services
    under certain circumstances.

NFIB will testify against this attempt to take away freedom
from employers and impose union-like rules and dictate staffing decisions in
thousands of Maine workplaces.

LD 1217 – Require at Least 2 Weeks’ Advance Notice of the
Work Schedule for Hourly Employees at Certain Businesses

  • Applies to all employers who employ 100 or more
    employees in the State (excluding nonprofit and governmental entities);
  • Requires employers to provide hourly employees
    at least 2 weeks’ prior notice of the employees’ work schedules, with
    compensation owed for schedule changes under certain circumstances.

MINIMUM WAGE CONSISTENCY

A Governor’s Bill (LD 1361) to pre-empt local minimum wage
ordinances will be the subject of a public hearing on April 28 at 1 p.m.  Portland is considering setting a local wage
that is higher than Maine’s; Bangor is making noise about doing likewise and
some other cities are rumored to be closely monitoring these developments.  Governor LePage has numerous concerns about
local wage ordinances including how they would be enforced.  Worker advocates are expected to oppose the
legislation.  NFIB will submit testimony
on this issue.

KEY HEARINGS THIS WEEK

Toxic Chemicals in the Workplace – A hearing will be held
April 27 at 9:30 a.m. on legislation that creates a statutory and regulatory
framework for Maine to reduce employee exposure to highly toxic chemicals and
ensure healthier workplaces (LD 1165).

State Energy Goals – A hearing will be held April 28 at 1
p.m. on a Governor’s Bill (LD 1314) that sets the primary objectives of the
State’s energy policy are to reduce electric rates and costs and to reduce air
pollution.  The bill removes wind energy
development as a goal.

Reject Expensive Electric Rates – A hearing will be held April
28 at 1 p.m. on LD 1339, which requires the Public Utilities Commission to
reject standard offer bids if the price quoted is less than 10-cents a kilowatt
hour and if none of the bids are below that rate, to suspend the renewable
portfolio requirement and solicit new bids.

Modernize Road User Fees – A hearing will be held April 28
at 1 p.m. on LD 1110, which proposes to increase transportation funding through
the use of reducing the baseline gas tax and adding a wholesale component,
adding a seasonal gas tax surcharge, increasing Turnpike tolls during the
tourism season, and adding a surcharge on the registration of electric or
hybrid vehicles or creating a voluntary tax on miles traveled by highway
users.  The bill is a concept draft and
is one of several bills intended to stimulate discussion about a need for new
ways to finance the Highway Fund.

Business Loan Interest Rate Cap – A hearing will be held
April 28 at 1 p.m. on legislation (LD 889) that caps at 25% per annum the
interest rate on commercial or business loans. 
While the bill is well intentioned, financial institutions are expected
to argue the effect would be to make it more difficult and costly for
businesses in Maine to obtain credit.

Medicaid Expansion – Various bills designed to increase
Medicaid enrollment, a controversial aspect of ObamaCare, will be the subject
of a public hearing on April 30 at 1 p.m. 
The bills are LD 633, LD 798, LD 808, and LD 854.  NFIB members in Maine have expressed strong
opposition to expansion proposals that would eventually lead to significant new
costs to Maine taxpayers.

Wage Garnishment Alternative – Legislation (LD 1163) that
establishes a process for the garnishment of state income tax refunds for the
satisfaction of money judgements will be heard April 30 at 1 p.m.

Employee Social Media Privacy – A hearing will be held April
30 at 1 p.m. on legislation (LD 686) that is intended to protect employees and
applicants from being required to permit an employer to have access to the
person’s password-protected social media accounts.  An exception is made for publicly available
information or where the employer is required to screen or monitor. 

LOOKING AHEAD

Right to Work – Several bills concerning union activity in
public and private workplaces will be heard May 4 at 9:30 a.m.  LD 404 is An Act to Prohibit Public Employers
from Acting as Collection Agents for Labor Unions.  LD 489 is An Act to Ensure the Right to Work
without Payment of Dues or Fees to a Labor Union as a Condition of
Employment.  LD 1319 is An Act to Ensure
That Wages and Benefits of Maine State Employees Serve a Public Purpose.  LD 1351 is An Act to Ensure that Membership
of Public Employees in Unions is Voluntary (submitted by the Department of Labor).  LD 1353 is An Act to Prohibit Mandatory Membership
in a Union or Payment of Agency Fees as a Condition of Employment An Act To
Prohibit Mandatory Membership in a Union or Payment of Agency Fees as a
Condition of Employment (submitted by the Department of Labor).  NFIB will submit a statement in support of
Right to Work.

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