Numerous bill requests by legislators to amend or repeal the state's new school regionalization law have been denied by the Legislative Council for submission during the upcoming session of the legislature. Instead, the council accepted a bill submitted by the Department of Education. In addition to the school funding bill, numerous bills of interest to Washington County residents have been approved, including funding for a new warehouse at the port of Eastport and several concerning the scallop, clam and mussel fisheries.

The Department of Education's bill, LD 1932, would amend the laws regarding school funding to address issues that present barriers to the implementation of school reorganization. It would allow local cost-sharing agreements among school administrative units forming a regional school unit; would remove the requirement that all units joining a regional school unit must raise at least 2 mills toward the cost of education; and would ensure that "minimum subsidy receiver units" would not lose their subsidy if they join in a regional school unit. The legislature's Education and Cultural Affairs Committee was scheduled to hold a public hearing on the bill on Wednesday, December 12. It is expected to be considered by the House and Senate soon after the legislature returns to session on January 2.

State Senator Kevin Raye of Perry told the committee, "As a matter of process, I believe passage of this bill is unwise. By artificially separating the issues in this bill from all the myriad issues and problems resulting from the school district consolidation law, and rushing it through the committee process before the legislature even reconvenes, it creates the appearance that this is a matter of diminishing the urgency of addressing the full range of issues."

In his testimony before the education committee, Omar Norton, interim superintendent of Union 104, criticized both the reorganization law and the department's amendment. While favoring sensible consolidation efforts, he was critical of the process involved in adopting the new law, which he believes was too brief. He added, "With a citizens' initiative movement under way and with a federal lawsuit pending concerning discrimination against rural Maine, I believe we have to back up and re-think this entire effort. I hope the legislature will kill this amendment and then move to eliminate Chapter 240."

In addition to the legislative bill, a statewide citizen petition drive is seeking to repeal the consolidation law.

Along with the expected focus on the school consolidation issue, Raye believes the state budget will draw much of the legislature's attention. "I expect we will have to make painful cuts," he says, noting that state revenue shortfalls are now estimated at $95 million. He believes the legislature will have to study closely "those areas that we can identify that will minimize the pain."

Funding for warehouse at port

Of the 566 bill requests filed, the Legislative Council accepted 148, tabled action on 11 and rejected the remaining 407. Bill requests during the second regular session must qualify as emergency legislation to be approved by the council. The council rejected "a record number of bills," according to Raye. Appeals by any of the sponsors were then heard.

Among the bills that were accepted is one seeking funding for a new warehouse at the port of Eastport. The $1.2 million request would go through the Department of Transportation's budget. Raye, who is sponsoring the bill, says that with the closure of the Domtar paper machine at the Woodland mill the state should seek to strengthen the company for the future. He says one of Domtar's greatest needs is for the port to have more warehousing space to accommodate pulp from its mill. With the state's financial situation, though, he is not sure how the bill will fare.

Fisheries bills

A bill sponsored by Raye to give municipalities control over mussels located in intertidal zones was initially rejected by the Legislative Council but approved on appeal. He says the Washington County Council of Governments brought to his attention an issue involving boats dragging for mussels on clam flats at high tide, particularly in the area of Milbridge, Addison and Steuben. Under present law, municipalities have no control over mussels in the intertidal zones, so the draggers are able to destroy the clam flats, he says.

Other fisheries-related bills that were accepted include legislation, sponsored by Senator Dennis Damon of Trenton, that would require that the fishways on the Woodland Dam and the Grand Falls Dam on the St. Croix River allow for the passage of alewives. Alewives had historically gone into Spednic Lake, but the dams have prevented their passage into much of the watershed.

Also accepted was a bill, sponsored by Rep. David Webster of Freeport, to make clam flat status notification more efficient by making the shellfish hotline the means by which the Department of Marine Resources would notify shellfish harvesters of the opening and closing of clam flats. Other bill requests to more quickly reopen clam flats were rejected. Clam diggers have been upset because they believe that the period for closures of beds, both for red tide and fecal coliform contamination, could be shortened.

Other legislation that was accepted includes a bill, sponsored by Senator Damon, that would require the suspension of a person's scallop fishing license if that person is convicted of three or more violations of the scallop fishing laws in Cobscook Bay. Raye, who is a co-sponsor, says the bill aims to ensure that "bad actors can't destroy the resource." He says the effort is "a continuation of the good stewardship" of the resource by the Cobscook Bay fishermen. The bill was proposed by the Cobscook Bay Fishermen's Association and would increase the fine for scallop fishing violations from the present $250 to $500 for the first offense, $750 for the second offense and license suspension for up to three years following a third offense.

A bill to develop and implement a Marine Fisheries Stock Enhancement Fund, sponsored by Rep. Ian Emery of Cutler, was rejected. During the last legislative session, Emery had sought funding for a $55 million bond issue for the fund, but the effort failed. He was able to secure $500,000 in the state budget for a fund to enhance the state's marine resource economy.

Other bills of interest

Other bills of local interest that were accepted include legislation, sponsored by Senator Carol Weston of Montville, to reduce the theft of wild blueberries. The bill would increase the penalties for violation of the laws regarding transportation and receipt of wild blueberries. It would also clarify the law regarding issuance of permits for transportation of blueberries.

A bill that would prohibit a municipal landfill from accepting out-of-state construction and demolition debris waste was rejected. The bill would have required that out-of-state CDD waste could only be disposed of in a state-owned facility.

Raye also will be sponsoring a bill to create the Starboard Water District in Machiasport. He is disappointed that the council voted to deny consideration of a bill that would have assisted workers who lost their jobs with the closure of the Domtar paper machine. The bill would have provided an exemption from state income tax for severance pay. Another bill by Raye that was rejected would have allowed a municipality to withdraw from a school administrative unit in order to join a regional school unit. The bill was aimed at assisting Steuben, which found it could not withdraw from a regional school unit. He says the situation now has been resolved, with the Steuben school district voting to go with SAD 37.

Bills requested by Rep. Anne Perry of Calais that were approved are legislation to transfer $719,000 from a consent judgment to the Office of Substance Abuse for prescription drug abuse prevention programs; a bill to create a program within the juvenile court system to address punishment and proactive treatment of at-risk youths; and a bill that would replace the current two-step process for licensure of advanced practice registered nurses with a one-step process.

Among bills that Rep. Perry requested that were rejected were legislation to require treatment for substance abuse, if it is considered appropriate, for offenders convicted of a felony offense; a bill to authorize the State Board of Nursing to order the physical or mental examination of a licensed nurse; a bill to increase MaineCare payments to dentists; a bill to amend the laws regarding overnight parking of recreational vehicles in areas other than authorized campgrounds; a bill to increase the reimbursement of nurse practitioners as primary care providers; and a bill that would clarify that household pharmaceuticals collected for disposal constitute "household waste" rather that "hazardous waste."

Rep. Howard McFadden of Dennysville will be introducing a bill to require that sellers of scrap metal provide identification in an effort to prevent the rising theft of copper and other increasingly expensive metals. Bill requests by McFadden that were turned down included a bill that would prevent schools and towns joining a regional school unit from taking on more debt service than required by the state; and a bill that would require all schools or towns in a regional school unit to have the same labor market assessment as averaged in the state.

A bill request by Rep. Emery to require that elementary and secondary personnel be trained to recognize signs of child abuse and neglect was rejected, as was a bill request by Passamaquoddy Rep. Donald Soctomah to establish June 6 as Native American Veteran Day.