NFIB Maine Legislative Update for February

February 6, 2023

NFIB will be sending engagement and action alerts to members on selected key issues.

NFIB Maine Legislative Update for February

Legislators have now filed requests for 2,123 bills this year. Until a request is printed as a legislative document (LD), we have only the proposed title for a description of what is intended. At least, that was generally true in the past, but this year a growing number of printed bills (concept drafts) say nothing specific about the intended content and provide no statutory language. The actual content may be formally disclosed prior to or at the public hearing, making it very difficult for even lobbyists to research how people or businesses would be affected and provide useful information at the hearing. Energy bill titles include:

“equitably reform” electricity rates
change the way rates are considered by the Public Utilities Commission
reform the process for Standard Offer contracts
have PUC commissioners popularly elected
reduce energy costs

Health Insurance bill titles include:

mandates to cover various tests, exams, procedures
extending coverage of dependents up to age 30
provide universal care to all children
ensure health care for all Maine residents
provide a public option to private insurance

Labor bill titles include:

require salary range disclosure in job postings
allow employees to request flexible work schedules
make changes to child labor laws
ensure a “fair workweek”
improve labor conditions (LD 373)
index unemployment benefits to economic conditions
improve the unemployment benefits program
enhance the predictability of mandated overtime
increase the minimum wage and create a living wage
eliminate or use three-year inflation average for minimum wage indexing
improve the workers’ compensation act
increase and strengthen the workforce in Maine

Tax bill titles include:

reduce or increase the Maine Estate Tax exclusion amount
establish a new top income tax rate
reduce the income tax to 4.5%
allow municipalities to establish a local option sales tax
create tax incentives to employers to provide on-site childcare (LD 103)

Other bill titles include:

make Election Day at state holiday
ensure proper funding of the Highway Fund

SELECT MAJOR ISSUES IN FOCUS: Just Cause Dismissal (LD 324), an issue soundly defeated two years ago, is back but as a concept draft that has no proposed statutory language. Instead, the sponsor says the intent is to establish a framework for employee discipline and discharge, prohibit unjust discharge of employee, require employers to use progressive discipline measures, limit use of electronic monitoring, provide for severance pay, and provide legal remedies for wrongfully discharged employees. NFIB helped organize a coalition of over 45 employer groups to strongly oppose this issue in 2021 – and will build a similar coalition to opposed LD 324. Paid Family & Medical Leave will be a major issue this year, with a primary focus on legislation proposed by a commission that studied the issue last year. The intent will be to impose a payroll tax on all workers, shared by employers and employees, and provide 12-16 weeks of benefits to all workers. The program would cost over $400 million a year, and paid leave would be on top of other types of paid and unpaid time off required by Maine employment law. NFIB is part of a coalition pushing back on this expensive and expansive new workplace entitlement program. https://legislature.maine.gov/commission-to-develop-a-paid-family-and-medical-leave-benefits-program Mandatory Retirement Savings implementation will be pushed back to at least 2024. The board of directors in charge of the law is still putting all the pieces together necessary to rollout the program. https://sites.google.com/mainesaves.org/mrsb/home