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January 10, 2025
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Bills set focus on rural patrol and DA district
By Edward French

 

      Washington County legislators are revisiting some issues that they previously have been thwarted in getting enacted by the legislature, including increasing rural law enforcement coverage and having a separate district attorney for the county. Other proposed bills being submitted in this session of the legislature would expand the number of commercial licenses and quotas for Passamaquoddy tribal fishermen; would help local police departments that are struggling to find officers by making it easier for retired federal agents to be hired; would allow towns to require a payment in lieu of taxes by conservation organizations; and would permit businesses to add a surcharge onto credit card transactions. The deadline for legislators to submit bills for this session was January 10.
      Area legislators are again trying to give Washington County its own district attorney by splitting the prosecutorial district that covers Hancock and Washington counties, in a measure being sponsored by Senator Marianne Moore of Calais. A similar bill was brought forward in 2020, with advocates arguing that the proposal would give the county a greater voice in who will serve the county as district attorney and would provide greater access to justice for those facing charges, because of the high caseloads of prosecutors, along with assisting those in jail for drug crimes get more quickly into recovery programs and helping address the rising cost borne by Washington County residents of drug-related crimes. That bill, though, ended by dying in 2021, following some behind-the-scenes political manipulation that angered Washington County legislators.
      Senator Moore also is sponsoring a bill to fund rural patrol services in the ongoing effort to provide more coverage in Washington County, following the pullback by the Maine State Police in 2023. Three bill proposals to provide more funding for rural patrol in the county failed during the legislative session last year, and additional funding for the Maine State Police that could have helped beef up rural patrol coverage ended up being cut significantly. While there currently is no funding amount in the bill she is submitting, the proposal calls for adding four state troopers to help cover the county. Senator Moore notes that the Maine State Police are estimating a cost of $106,000 per state trooper. Another legislator, Rep. John Ducharme of Madison, is planning to propose funding to add state troopers for all of the rural counties, and Moore comments, "Since he's on the Appropriations Committee, this may be our saving grace."
      At the request of Eastport Police Chief Marc Podschlne, who is a retired Border Patrol officer, Senator Moore is submitting a bill to alleviate the drought of local police officers by tapping into a source of well trained federal agents living in rural areas and forming a pathway for "green pin officers" to become fully certified full time "blue pin officers." The measure would aim to recruit retired Border Patrol agents and provide a simplified path for them to serve as police officers with local departments, which have struggled with shortages of qualified personnel.
      Senator Moore is also sponsoring a bill that would allow municipalities to require payment in lieu of taxes from nonprofit and conservation organizations. The issue has generated much discussion Downeast, including in Lubec, where a significant amount of land has been acquired by conservation organizations. The bill was requested by retired County Manager Betsy Fitzgerald. Moore comments that the proposal is "an effort to help our municipalities who are consistently seeing land being taken off the tax rolls, placing an undo burden on taxpayers."
      A bill to amend the membership of the Washington County Budget Advisory Committee would add a voting member to represent the unorganized territories in Washington County and would make the legislative member, who currently cannot vote, a voting member.
      Senator Moore also submitted a bill at the request of a constituent to address residency restrictions for sex offenders. While municipalities may adopt ordinances concerning where sex offenders may live, there is no state restriction. Moore says, "I am proposing a bill to require the same residence restrictions across the state."
      Senator Moore is also submitting two bills concerning ATVs. One would allow them to be used on public ways, and the second bill would change the definition of "oversized ATV" in state law. Among the other bills she is sponsoring is one to establish "Welcome Home" as the official state anthem. Others would amend the mandated reporter laws to strengthen protections to prevent abuse; increase the number of children a family child care provider may care for without having to be licensed by the Department of Health and Human Services; and allow the Department of Corrections to increase health care fees and use the proceeds from those fees to offset the costs of client medical care support workers.

Tribal fishing licenses and quota
      Among the three bills that Rep. Aaron Dana of the Passamaquoddy Tribe is submitting, one would seek to expand the number of licenses and the quota for tribal fisheries, including lobster, scallop, sea urchin and elver fisheries. He says tribal officials have been discussing the issue with the Department of Marine Resources. He notes that the tribal population has increased since the lobster, scallop and urchin license numbers for tribal members were set by the state. "There are more people looking to provide for their families and work, but they've been limited on the number of licenses and quota."
      Under agreements reached with the state, the Passamaquoddy Tribe currently may issue up to 24 commercial lobster and crab licenses, 24 sea urchin licenses and 20 scallop licenses. There is no limit on the number of tribal members who may fish for elvers, but the tribe's quota is limited to 14% of the state's overall quota.
      Another one of Rep. Dana's bills would have the state accept law enforcement certification provided through the Bureau of Indian Affairs at the U.S. Indian Police Academy in New Mexico for tribal law enforcement officers. Rep. Dana notes that tribal law enforcement officers have jurisdiction only on the tribal reservations, but the Maine Implementing Act states that they are required to have Maine Criminal Justice Academy certification. Tribal law enforcement officers are being held to a higher standard than other officers in the state, because they need multiple certifications, he says. A third bill concerns the administrative functions of the Maine Indian Tribal-State Commission.

Surcharge on credit card swipes
      Rep. Will Tuell of East Machias is sponsoring a bill to allow businesses to impose a surcharge on credit card and debit card transactions. Maine is one of five states and territories that do not allow businesses to impose a surcharge for those transactions. "This bill would repeal that provision of law and allow them to operate under the same framework that governmental entities do," says Tuell. "I was asked to submit it by several local business people, including Heather Tenan, owner of the Eastland Motel in Lubec." He is working with Senator Teresa Pierce of Falmouth, who also submitted the same title on behalf of businesses in her region.
      Rep. Tuell also has submitted a bill that would allow school boards to expel students regardless of grade level. Currently, schools are prohibited from expelling or suspending students in Pre K to Grade 5 with behavioral issues. The bill would repeal that law and leave the decision with local school boards, as had been the case previously. Rep. Tuell says, "I submitted this bill at the request of school officials who have become increasingly concerned about the hostile and disruptive behavior in our schools today, behavior that has prevented teachers, school administrators and students from enjoying a safe and stress-free learning environment."
      Another bill being submitted by Rep. Tuell would modify the calculation of pupil counts used for determination of school administrative unit operating costs. The bill, originally submitted by Rep. Kenneth "Bucket" Davis in 2022, recalculates the way schools are reimbursed for pupil count by taking the higher of the October pupil count average over the past three years or the most recent October count. The measure "was submitted with considerable input from rural and economically disadvantaged school systems who believe funding, which follows the student, is lagging," Rep. Tuell says. "It received unanimous support of the Education Committee and ultimately Appropriations last session, but was one of several dozen bills pocket vetoed by Governor Mills, despite broad agreement on both sides of the aisle."
      The East Machias legislator is sponsoring two bills concerning pay for the legislative and executive branches of the state government. One would require that, if the legislature votes to increase the pay for legislators or for the governor, the pay raise would then need to be approved by the voters in the state. The other bill would freeze the governor's expense account at existing levels and require that the governor submit monthly expense reports accessible to the public.
      Rep. Tuell also is seeking more legislative oversight of the actions of the state's attorney general. Of one of the bills, he notes, "Attorney General Aaron Frey, without the consent of the legislature, chose to pursue a lawsuit against oil and gas companies in late 2024. As Frey is elected by the legislature and serves at the pleasure of the legislature, I believe it should be the legislature's decision whether such a suit should proceed." A second measure would set up a process to require that the attorney general gain approval from the legislature's Judiciary Committee and the full legislature before filing a civil suit.
      Another bill would seek to identify outdated and unfunded mandates in education and municipal law. Rep. Tuell says, "I submitted a version of this bill in the 130th Legislature only dealing with municipal mandates. The bill received an 11 1 vote out of committee and died on the study table. Essentially what it would do is draw stakeholders together to identify school or town mandates that are not being funded and which the committee believes should be repealed."

Grants for broadband
      Along with co-sponsoring bills to amend the rules on credit card swipe charges and to add more state police in Washington County, Rep. Arthur "Artie" Mingo of Calais is sponsoring a bill to allow municipalities that have financed their own fiber broadband infrastructure to participate in future grant opportunities to help reduce their existing debt. He may also be introducing two more bills.

Repeal of blueberry tax
      Rep. Tiffany Strout of Harrington is sponsoring a bill to repeal the state tax on wild blueberries processed in the state. The tax of 1.5 cents per pound is split between the grower and the processor or shipper. Blueberry growers have had a hard time making a profit in recent years, as they have been challenged by the lack of price stability, greater competition, labor costs, the effects of climate change on the growing season and inflation. The repeal of the tax would lower their costs.
      Rep. Strout is also sponsoring bills to move the fiscal agent of the career and technical education center located in Columbia from Machias to MSAD #37, which has its office in Harrington; to allow a mechanical hardship waiver for halibut fishing similar to the one for lobster, menhaden and scallop fishing; and to name a bridge at Johnson Cove in Roque Bluffs the Hope Bridge. She may also be submitting some additional bills.

 

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