Rated Legislative Documents – Brief Descriptions

120^th Maine Legislature 2001/2002

 Senate Vote Descriptions

 2002 – Second Regular Session

 1. Unemployment Compensation – Expanded Coverage to P.T. Workers. LD 1258 - Roll Call Vote No. 293. The Senate passed this bill. Subsequently, the House sustained the Governor’s veto. This bill would have required expanded coverage for part-time workers, required coverage for loss of employment for child care and transportation conflicts, and expanded coverage to seasonal workers. The state Department of Labor estimated these changes could have increased unemployment insurance by $3.7 to $8.4 million annually. The vote was 19 Yea – 16 Nay. A NO vote on this roll call was good for Maine’s economy (Accept the Labor Committee’s Majority Ought to Pass as Amended Report).

 2. Labor – Temporary Workers. LD 1594 – Roll Call Vote No. 225. The Senate defeated this bill, which was passed by the House. It would have required onerous reporting on wages, work hours, and more prior to assigning temporary workers to a job. It also required employers to make part-time workers permanent after 90 days and provide the same compensation and benefits as other permanent full-time workers within the company. The vote was 32 Yea – 1 Nay. A YES vote on this roll call supported Maine businesses (To Accept the Majority Ought Not To Pass Report).

 3. Healthcare – Additional Mandated Coverage. LD 1627 - Roll Call Vote No. 295. The Senate passed this bill. Subsequently, the House sustained the Governor’s veto.  This bill would have expanded mandated healthcare coverage to include counselors to diagnose and treat mental illness and substance abuse. The vote was 15 Yea – 20 Nay. A YES vote on this roll call supported Maine businesses (Accept Majority Ought to Pass Amended by CAH-1051).

 4. Environmental Regulations. – Mercury Emissions. LD 1921 – Roll Call Vote No. 279. The Senate ultimately passed this bill and the Governor signed it into law. This new law requires automobile manufacturers to bear primary responsibility for establishing and maintaining a statewide system to collect and consolidate the mercury-containing components in motor vehicles for recycling.  The vote was 14 Yea – 21 Nay. A Yes vote on this roll call supported Maine businesses (Adopt Amendment business-friendly SBS-522 to CAS-476).

 5. Healthcare – Travel Restrictions. LD 1959 - Roll Call Vote No. 277. The Senate passed this bill, however it was defeated in the House. This bill overrides the current Department of Professional and Financial Regulation, Bureau of Insurance rules that restrict travel distances for obtaining health care. It would have allowed patients enrolled in health maintenance organizations to seek appropriate care in centers of excellence outside of the standard travel area. The vote was 21 Yea – 12 Nay. A YES vote on this roll call was good for Maine’s business environment (Accept the Banking and Insurance Committee’s Majority Ought to Pass as Amended Report).

 6. Bus. Regulations – Internet “Spam”.  LD 2041 – Roll Call Vote No 288. The Senate defeated this bill by failing to recede and concur with the House version of the bill. This bill would have prohibited unsolicited commercial e-mail. Each such e-mail would have been considered an unfair trade practice. The vote was a narrow 17 Yea –18 Nay. A NO vote on this roll call supported Maine businesses (Recede and Concur).

 7. Labor – Severance Pay.  LD 2054 - Roll Call Vote No. 284. The Senate defeated this bill, which would have removed the requirement for a substantial cessation of operations in a covered establishment (employers with more than 100 employees for a 12-month period) before severance pay is due, thus covered employees would be paid severance for any layoff.  Maine’s current severance pay law is already unique among states. Current law specifically requires a severance package for covered employees with at least 3-years service of one week of severance pay for each year of service. LD 2054 would also have applied this change retroactively to January 1, 2000. The vote was 19 Yea – 16 Nay. A YES vote on this roll call was good for Maine’s business environment (Insist).

 8. Taxes – Education Funding. LD 2086 – Roll Call Vote No. 315. The Senate defeated this bill. This legislation would have required a referendum on establishing a cap on local property taxes of 12 mills on secondary residential property and 6 mills for all other property for the purpose of funding public education from kindergarten through grade 12. The bill would also have allowed additional taxes for education raised through taxes restricted to primary residential property, establish an Education Funding Stabilization Fund, and required legislation from the 121^st Legislature to expand the state sales tax to services not currently taxed, to increase the sales tax on meals and lodging from 7% to 8% to fund education and address the progressivity of the state’s income tax. The vote was 4 Yea – 31 Nay. A NO vote on this roll call supported Maine businesses (To Accept the Taxation Committee’s Majority Ought to Pass as Amended Report).

 9. Labor – Collective Bargaining. LD 2098 – Roll Call Vote No 291. The Senate passed this bill and it became law without the Governor’s signature. This new law repeals the ability to make random drug testing without cause part of a labor agreement. The vote was 18 Yea – 17 Nay. A NO vote on this roll call supported Maine businesses (Accept the Labor Committee’s Majority Ought to Pass as Amended Report).

 10. Business Regulations - State Owned Businesses.  LD 2123 - Roll Call Vote No. 283. The Senate passed this bill, which requires the state to continue operating 19 state liquor stores. The bill was signed by the Governor and became law. The vote was 18 Yea – 17 Nay. A NO vote on this roll call was in favor fair competition and free enterprise in Maine’s private sector. (Accept the Legal and Veterans Affairs Committee’s Majority Ought to Pass as Amended Report).

 11. Workers’ Compensation – Stacking Benefits (Kotch Decision). LD 2202 – Roll Call Vote No. 346. The Senate ultimately passed this bill after long debate and 13 roll call votes. This bill was a Governor’s bill that helps clarify/correct section 213 of the Maine Workers’ Compensation Act of 1992. Section 213 provides that 25% of all injured workers with permanent partial injuries be eligible to receive benefits for the duration of the disability. The remaining 75% of injured workers with less serious, permanent partial injuries are subject to a durational benefit cap that was 364 weeks. The cases that fall with in 25% band are some of the most expensive cases in the system. Any additional benefits related to this group without corresponding adjustment to the eligibility threshold would have significantly increased the cost of Workers’ Compensation in Maine. This legislation clarifies that, when the board collects permanent impairment data to determine the point at which 25% of the cases will be eligible for duration-of-disability benefits, the data may not include permanent impairment that is unrelated to the work injury at issue even if such permanent impairment combines with the work injury to give rise to a compensative disability (essentially stacking benefits that included pre-existing non-work related conditions potentially resulting in eligibility for lifetime benefits). The National Council of Compensation Insurers estimated the Kotch decision would result in increased workers’ compensation premiums of $43 million annually not including retroactive costs, which could have been in the hundreds of millions. This legislation, in effect, overturns the decision of the Maine Supreme Judicial Court in Kotch v. American Protective Services, Inc. 2002 ME 19.  The vote was 22 Yea – 13 Nay. A YES vote on this roll call supported Maine businesses (Adopt amendment scs-623).

 12. Unemployment Compensation – Expanded Coverage to P.T. Workers. LD 2218 – Roll Call Vote No 352. The Senate passed this bill. However, the Governor used the Pocket Veto to prevent this bill from becoming law.  This bill would have expanded unemployment benefits to part-time workers. The Maine Department of Labor estimated that this change would increase unemployment compensation costs by $5.4 million in fiscal year 2003-04. The vote was 20 Yea – 17 Nay. A NO vote on this roll call supported Maine’s business environment (Enactment).

House Vote Descriptions

 2002 – Second Regular Session

 1. Economic Development – Capacity. LD 1144- Roll Call Vote No. 592. The House passed this bill and the Governor signed it into law. This legislation provides an annual General Fund appropriation of $2,000,000 for the Department of Economic and Community Development (DECD). The appropriation will fund the DECD’s business attraction marketing program at $1,200,000 and provide $800,000 annually for a capacity building block grant program for regional economic development districts. The vote was 130 Yea - 12 Nay. A YES vote on this roll call was good for Maine’s businesses (Enactment).

 2. Unemployment Compensation – Expanded Coverage to P.T. Workers. LD 1258 - Roll Call Vote No. 586. The House passed this bill. However, it subsequently sustained the Governor’s veto. This bill would have required expanded coverage for part-time workers, required coverage for loss of employment for child care and transportation conflicts, and expanded coverage to seasonal workers. The state Department of Labor estimated these changes could have increased unemployment insurance by $3.7 to $8.4 million annually. The vote was 76 Yea – 67 Nay. A NO vote on this roll call was good for Maine’s economy (Accept the Labor Committee’s Majority Ought to Pass as Amended Report). 

3. Labor – Temporary Workers. LD 1594 – Roll Call Vote No. 481. The House passed this bill, which was defeated by the Senate. It would have required onerous reporting on wages, work hours, and more prior to assigning temporary workers to a job. It also required employers to make part-time workers permanent after 90 days and provide the same compensation and benefits as other permanent full-time workers within the company. The vote was 68 Yea – 70 Nay. A YES vote on this roll call supported Maine businesses (To Accept the Labor Committee’s Majority Ought Not To Pass Report).

 4. Healthcare – Additional Mandated Coverage. LD 1627 - Roll Call Vote No. 607. The House passed this bill. However, it subsequently sustained the Governor’s veto.  This bill would have expanded mandated healthcare coverage to include counselors to diagnose and treat mental illness and substance abuse. Accept Minority Ought to Pass Amended). The vote was 84 Yea – 58 Nay. A NO vote on this roll call supported Maine businesses (Accept the Labor Committee’s Minority Ought to Pass as Amended report).

 5. Environmental Regulations. – Mercury Emissions. LD 1921 – Roll Call Vote No. 612. The House passed this bill and the Governor signed it into law. This new law requires automobile manufacturers to bear primary responsibility for establishing and maintaining a statewide system to collect and consolidate the mercury-containing components in motor vehicles for recycling. The vote was 83 Yea – 59 Nay. A NO vote on this roll call supported Maine businesses (Indefinitely Postpone House Amendment H-1073 to Committee Amendment).

 6. Healthcare – Travel Restrictions. LD 1959 - Roll Call Vote No. 564. The House defeated this bill, which was passed by the Senate. This bill overrides the current Department of Professional and Financial Regulation, Bureau of Insurance rules that restrict travel distances for obtaining health care. It would have allowed patients enrolled in health maintenance organizations to seek appropriate care in centers of excellence outside of the standard travel area. The vote was 32 Yea – 108 Nay. A YES vote on this roll call was good for Maine’s business environment (Accept the Banking and Insurance Committee’s Majority Ought to Pass as Amended Report).

 7. Labor – Severance Pay.  LD 2054 - Roll Call Vote No. 520. The House passed this bill. However, the Senate subsequently defeated it. This bill would have removed the requirement for a substantial cessation of operations in a covered establishment (employers with more than 100 employees for a 12-month period) before severance pay is due, thus covered employees would be paid severance for any layoff.  Maine’s current severance pay law is already unique among states. Current law specifically requires a severance package for covered employees with at least 3-years service of one week of severance pay for each year of service. LD 2054 would also have applied this change retroactively to January 1, 2000. The vote was 88 Yea – 55 Nay. A NO vote on this roll call was good for Maine’s business environment (Accept the Labor Committee’s Majority Ought to Pass as Amended report).

 8. Taxes – Education Funding. LD 2086 – Roll Call Vote No. 629. The House passed this bill, but it was subsequently defeated in the Senate. This legislation would have required a referendum on establishing a cap on local property taxes of 12 mills on secondary residential property and 6 mills for all other property for the purpose of funding public education from kindergarten through grade 12. The bill would also have allowed additional taxes for education raised through taxes restricted to primary residential property, establish an Education Funding Stabilization Fund, and required legislation from the 121^st Legislature to expand the state sales tax to services not currently taxed, to increase the sales tax on meals and lodging from 7% to 8% to fund education and address the progressivity of the state’s income tax. The vote was 80 Yea – 58 Nay. A NO vote on this roll call supported Maine businesses (To Accept the Taxation Committee’s Majority Ought to Pass as Amended Report).

 9. Labor – Collective Bargaining. LD 2098 – Roll Call Vote No 641. The House passed this bill and it became law without the Governor’s signature. This new law repeals the ability to make random drug testing without cause part of a labor agreement. The vote was 86 Yea – 49 Nay. A NO vote on this roll call supported Maine businesses (Enactment).

 10. Business Regulations - State Owned Businesses.  LD 2123 - Roll Call Vote No. 610. The House passed this bill and the Governor signed it into law. This bill requires the state to continue operating 19 state liquor stores. The vote was 90 Yea – 50 Nay. A NO vote on this roll call was in favor fair competition and free enterprise in Maine’s private sector. (Enactment).

 11. Education - Capacity. LD 2162 – Roll Call Vote No. 626. The House passed this bill and it was signed into law. This legislation establishes a tax credit for individuals or corporations that provide a contribution that promotes the postsecondary educational attainment of Maine residents or that promotes the migration of college-educated person to work in Maine. The vote was 116 Yea - 21 Nay.  A YES vote on this roll call supported Maine’s businesses (Enactment).

 12. Workers’ Compensation – Stacking Benefits (Kotch Decision). LD 2202 – Roll Call Vote No. 689. The House ultimately passed this bill after long debate and 11 roll call votes. This bill was a Governor’s bill that helps clarify/correct section 213 of the Maine Workers’ Compensation Act of 1992. Section 213 provides that 25% of all injured workers with permanent partial injuries be eligible to receive benefits for the duration of the disability. The remaining 75% of injured workers with less serious, permanent partial injuries are subject to a durational benefit cap that was 364 weeks. The cases that fall with in 25% band are some of the most expensive cases in the system. Any additional benefits related to this group without corresponding adjustment to the eligibility threshold would have significantly increased the cost of Workers’ Compensation in Maine. This legislation clarifies that, when the board collects permanent impairment data to determine the point at which 25% of the cases will be eligible for duration-of-disability benefits, the data may not include permanent impairment that is unrelated to the work injury at issue even if such permanent impairment combines with the work injury to give rise to a compensative disability (essentially stacking benefits that included pre-existing non-work related conditions potentially resulting in eligibility for lifetime benefits ). The National Council of Compensation Insurers estimated the Kotch decision would result in increased workers’ compensation premiums of $43 million annually not including retroactive costs, which could have been in the hundreds of millions. This legislation, in effect, overturns the decision of the Maine Supreme Judicial Court in Kotch v. American Protective Services, Inc. 2002 ME 19. The vote was 78 Yea – 56 Nay. A YES vote on this roll call supported Maine businesses (Recede and Concur).

 13. Unemployment Compensation – Expanded Coverage to P.T. Workers. LD 2218 – Roll Call Vote No 686. The House passed this bill. However, the Governor used the “Pocket Veto” to prevent this bill from becoming law. This bill would have expanded unemployment benefits to part-time workers. The Maine Department of Labor estimated that this change would increase unemployment compensation costs by $5.4 million in fiscal year 2003-04. The vote was 80 Yea – 58 Nay. A NO vote on this roll call supported Maine’s businesses (Passage to be Engrossed).

Senate Vote Descriptions

 2001 – First Regular Session

 1. Labor – Replacement Workers in a Labor Dispute. LD 83 - Roll Call Vote No. 25. The Senate passed this bill, however the House sustained the Governor’s veto by one vote. This legislation would have prevented Maine employers from hiring replacement workers during a strike.  The vote was 18 Yea -16 Nay. A NO vote on this roll call supported Maine businesses (To accept the Labor Committee’s Majority Ought to Pass Report).

 2. Labor – Notice of Termination Status. LD 198 – Roll Call Vote No 59. The Senate ultimately passed a vastly modified form of this bill that was signed into law. In its original form, this bill would have required employers to post the terms under which an employee may be terminated. The bill attempted to equate use of an employer handbook with a contract with the employee and requiring “for cause” termination. It also would have prohibited an employer from taking action against an employee who signs or files an affidavit, petition or complaint or gives information or testimony against the employer. In its final form this bill requires the Maine Department of Labor to add language to its workplace posters defining “at-will” employees. The vote was a narrow 17 Yea-16 Nay. A NO  vote on this roll call supported Maine businesses (Enactment) – A form of this legislation was ultimately enacted and signed into law.

 3. Business Regulations – Bureau of Insurance. LD 590 – Roll Call Vote No. 104. The Senate defeated this bill, which would have allowed the Bureau of Insurance to force an insurer, nonprofit hospital and medical service organization, nonprofit health care service organization or health maintenance organization to compensate interveners in a proceeding for attorney fees, expert witness fees or other costs. In addition, this legislation would have mandated other changes that would increase the cost of doing business in Maine. The vote was 18 Yea – 15 Nay. A YES vote on this roll call was good for Maine’s business environment (To accept the Banking & Insurance Committee’s Minority Ought Not to Pass Report).

 4. Citizen Initiatives - Referenda. LD 796 – Roll Call Vote No. 71. The Senate passed this bill, which would have prohibited retroactivity in citizen initiatives or referenda for municipal ordinances or bylaws (for example previously approved land use or building permits). The vote was 11 Yea – 21 Nay. A NO vote on this roll call supported  Maine businesses  (To accept the State and Local Government Committee’s Minority Ought Not to Pass Report).

 6. Workers’ Compensation – Employer-provided Medical Treatment. LD 844 – Roll Call Vote No. 108. The Senate ultimately passed this bill and it was signed into law. This legislation permits medical treatment provided by an employee or direct contractor of the employer to be considered a benefit payment by the employer for purposes of determining when an injured employee must file a petition with the Workers’ Compensation Board. Any in-house or direct contractor medical treatment now pushes the six-year statute of limitations on the treated injury from the date of the most recent ‘benefit’ payment. The vote was 17 Yea – 17 Nay.  A NO vote on this roll call supported Maine businesses (Enactment).

 7. Workers’ Compensation - Inflation Adjustment Injuries Prior to Nov 87. LD 943 – Roll Call Vote No. 105. The Senate passed this bill and it was signed into law. This legislation requires the Workers’ Compensation Board to audit claims for partial incapacity to ensure the annual adjustment have been made for workers injured prior to November 30, 1987. The legislation reverses a 1999 Maine Supreme Court Decision, which limited cost of living adjustments for injuries that occurred prior to this date. The vote was 23 Yea - 10 Nay.  A NO vote on this roll call supported Maine’s businesses (Enactment).

 8. Business Regulations - Discovery Under Unfair Trade Practices Act.  LD 953 – Roll Call  Vote No. 78. The Senate passed this bill, which expands access to essentially all company documents, including proprietary information and trade secrets, by the Attorney General within the civil investigative and discovery procedures under the Unfair Trade Practices Act (without a court order). A version of this bill ultimately passed and was signed into law. This vote was 20 Yea -- 14 Nay. A NO vote on this roll call was good for Maine’s business environment (To Accept the Judiciary Committee’s Majority Ought to Pass as Amended).

 9. Business Regulations – Disclosure of Prescription Drug Marketing Costs. LD 1022 – Roll Call Vote No. 103. The Senate initially passed this bill, later killed it by an unrecorded vote to indefinitely postpone. This bill would have required companies who sell prescription drugs in Maine to make available for public inspection all costs associated with marketing their products. The vote was 18 Yea – 15 Nay.  A NO vote on this roll call was good for Maine’s business environment (To Accept the Health and Human Services Committee’s Majority Ought to Pass as Amended).

 10. Business Regulations – Overtime Law. LD 1082 - Roll Call Vote No. 56. The Senate passed an amended version of this legislation and it was signed into law. This new legislation prevents disciplining healthcare workers for refusing to accept overtime work.  The vote was 21 Yea – 13 Nay. A NO vote on this roll call was good for Maine’s business environment (Enactment).

 11. Labor – Mandatory Overtime. LD 1086 – Roll Call Vote No 43. The Senate defeated this bill, which would have further limited the amount of mandatory overtime to 60 hours for any consecutive 2-week period. This bill would have increased the restrictions on mandatory overtime above and beyond those signed into law just last session (119^th Legislature). The vote was 15 Yea – 20 Nay. A NO  vote on this roll call keeps Maine competitive nationally (To accept the Labor Committee’s Majority Ought to Pass as Amended Report).

 12. Workers’ Compensation – Continue Benefits During Vocational Rehabilitation. LD 1175 – Roll Call Vote No. 106. The Senate passed this bill, however the House subsequently sustained the Governor’s veto. This legislation would have extended total disability benefits under workers’ compensation to include time spent in vocational training. The vote was a narrow 17 Yea – 16 Nay. A NO vote on this roll call was good for Maine’s economy (Enactment).

 13. Workers’ Compensation – Decision Process. LD 1235 – Roll Call Vote No. 90. The Senate defeated this bill, which would have limited employers’ ability to request ‘207’ medical exams to one exam for the entire life of the claim. This change would likely encourage litigation and delay the decision-making process for claims. The vote was 14 Yea – 9 Nay. A NO vote on this roll call supported  Maine’s business environment  (To accept the Labor Committee’s Majority Ought to Pass as Amended Report). 

14. Business Regulations – Closing of Stores During Holidays. LD 1251 – Roll Call Vote No. 62. The Senate defeated this bill, which would have mandated stores with more than 5000 square feet to close during Memorial Day, July 4^th, and Veterans’ Day.  The vote was 20 Yea –14 Nay. A YES vote on this roll call was good for Maine’s economy (To Accept the Business and Economic Development Committee’s Majority Ought Not to Pass Report). 

15. Unemployment Insurance – Expanded Access. LD 1258 – Roll Call Vote No. 116. The Senate defeated this bill, however it was subsequently carried-over to the next session of the 120^th Legislature. This bill would have expanded access to unemployment compensation benefits to part-time and seasonal employees. It would also extend benefits to those who lose employment due to child care or transportation conflicts. The vote was 13 Yea – 21 Nay. A NO vote on this roll call was good for Maine’s economy (To Accept the Labor Committee’s Majority Ought to Pass Report).

16. Healthcare – Single-Payer System. LD 1277 – Roll Call Vote No. 117. The Senate passed this bill which, in its original form, would have created a single-payer health care plan and a new state agency to administer the plan at an estimated cost of $3.4 billion a year. The vote was 18 Yea – 16 Nay.  A NO vote on this roll call was good for Maine’s economy (To recede and concur with the prevailing House vote for enactment). 

17. Healthcare – Access. LD 1303 – Roll Call Vote No 155. The Senate passed this bill, which in its original form was extensive and expensive. In its final form, which was signed into law, this legislation includes Medicaid coverage for adults with incomes up to 125 percent of federal poverty level. The vote was 20 Yea – 14 Nay. A NO vote on this roll call supported Maine’s economy (Concur with the House vote to be Engrossed as Amended (Amendment “C” (H-748) to Committee Amendment “A”  (H-639).

 18. Business Regulations – Restrict Funds Used for Influencing Union Organizing.   LD 1394 – Roll Call Vote No. 107. The Senate passed this bill. Subsequently, the House sustained the Governor’s veto. This bill would have restricted health care providers use of funds for influencing union organizing efforts of their employees. The vote was 18 Yea – 16 Nay.  A NO vote on this roll call was in support of Maine’s business environment (Enactment).

 19. Workplace Discrimination – Responsibility. LD 1599 – Roll Call Vote No. 126. The Senate defeated this bill, which would have clarified that employers hold sole responsibility regarding workplace discriminatory acts and that individual supervisors could not also be held libel for the same act. This clarification is in response to increased litigation claiming dual liability. The vote was a narrow 18 Yea – 17 Nay.  A NO vote on this roll call was in support of Maine’s business environment (To Accept the Judiciary Committee’s Majority Ought Not to Pass Report).

 20. Business Regulations – Conform to Federal Privacy Laws.  LD 1640 – Roll Call  Vote No. 69. The Senate passed this bill, which brings conformity with federal laws to Maine laws governing providers of financial services in regard to the privacy of personal information. A version of this bill ultimately passed and was signed into law. The vote was 30 Yea – 4 Nay. A YES vote on this roll call was good for Maine’s economy (Pass To be Engrossed as Amended).

 21. Healthcare – Improve Market Conditions. LD 1745 – Roll Call Vote No. 97. The Senate passed a version of this bill, which was signed into law. The passed version will address some issues in the Maine healthcare insurance market, however a stronger minority report from the Banking and Insurance Committee was preferred by Maine businesses. The vote was 17 Yea – 15 Nay.  A NO vote on this roll call was in support of Maine’s businesses, particularly small and midsized businesses (To Accept the Banking and Insurance Committee’s Majority Ought to Pass as Amended).

House Vote Descriptions

 2001 – First Regular Session

 1. Labor – Weekly Pay. LD 57 - Roll Call Vote No. 287. The House defeated this bill, which would have required that certain employees be paid on a weekly basis. The vote was 95 Yea – 47 Nay. A YES  vote on this roll call was good for Maine’s economy (Accept the Labor Committee’s Majority Ought Not to Pass Report). 

2. Labor – Replacement Workers in a Labor Dispute. LD 83 – Roll Call Vote No. 244. The House passed this bill, however subsequently sustained the Governor’s veto by one vote. This legislation would have prevented Maine employers from hiring replacement workers during a strike. The vote was 96 Yea – 49 Nay (97 votes were required to overturn the veto). A NO vote on this roll call supported Maine businesses (To Reconsider the Governor’s Veto).

 3. Labor – Notice of Termination Status. LD 198 - Roll Call Vote No. 114. The House ultimately passed a vastly modified form of this bill that was signed into law. In its original form, this bill would have required employers to post the terms under which an employee may be terminated. The bill attempted to equate use of an employer handbook with a contract with the employee and requiring “for cause” termination. It also would have prohibited an employer from  taking action against an employee who signs or files an affidavit, petition or complaint or gives information or testimony against the employer. In its final form this bill requires the Maine Department of Labor to add language to its workplace posters defining “at-will” employees. The vote was 85 Yea – 55 Nay. A NO  vote on this roll call supported Maine businesses (Pass to be Engrossed) – A modified form of this legislation was ultimately enacted and signed into law.

 4. Workers’ Compensation – Employee’s Right to Sue Employer. LD 380 – Roll Call Vote No. 388. The House passed this bill, however it was subsequently defeated in the Senate. Early versions of this bill would have given employees the right to sue employers for damages in addition to any compensation under Maine’s Workers’ Compensation Act of 1992. While later versions removed the right to sue provision, passage of the amended bill would still have led to significant increases in the cost of workers’ compensation. The vote was 61 Yea – 77 Nay. A Yes vote on this roll call supported Maine businesses (Recede and Concur with the Senate’s Accept the Labor Committee’s Minority Ought Not to Pass Report).
 

5. Business Regulations – Bureau of Insurance. LD 590 - Roll Call Vote No. 309. The House passed this bill, however it was defeated in the Senate. This legislation would have allowed the Bureau of Insurance to force an insurer, nonprofit hospital and medical service organization, nonprofit health care service organization, or health maintenance organization to compensate interveners in a proceeding for attorney fees, expert witness fees or other costs. In addition, this legislation would have mandated other requirements that would add to the cost of doing business in Maine.

The vote was 82 Yea – 55 Nay. A NO  vote on this roll call was good for Maine’s business environment (Accept the Banking and Insurance Committee’s Majority Ought to Pass as Amended Report).

 6. Citizen Initiatives - Referenda.  LD 796 – Roll Call Vote No 329. The House defeated this bill, which would have prohibited retroactivity in citizen initiatives or referenda for municipal ordinances or bylaws (for example previously approved land use or building permits). The vote was a narrow 73 Yea –72 Nay. A NO vote on this roll call supported Maine businesses (Indefinitely Postpone ).  

7. Environment – Environmental Terrorism.  LD 823 - Roll Call Vote No. 177. The House defeated this bill, which would have established as a Class C crime, environmental terrorizing for the destruction of property or the interference with a place of business’ normal course of business. The vote was 81 Yea – 61 Nay. A NO vote on this roll call was good for Maine’s business environment (Indefinitely Postpone).

 8. Workers’ Compensation – Employer-Provided Medical Treatment. LD 844 – Roll Call Vote No. 138. The House passed this bill and it was signed into law. This legislation permits medical treatment provided by an employer or direct contractor of the employer to be considered a benefit payment by the employer for purposes of determining when an injured employee must file a petition with the Workers’ Compensation Board. Any in-house or direct contractor medical treatment now pushes the six-year statute of limitations on the treated injury from the date of the most recent ‘benefit’ payment. The vote was 56 Yea – 87 Nay. A YES vote on this roll call supported Maine businesses (To Recede and Concur with the Senate’s failure to Accept the Labor Committee’s Majority Ought to Pass as Amended Report). 

9. Workers’ Compensation - Inflation Adjustment Injuries Prior to Nov 87. LD 943 – Roll Call Vote No 272. The House passed this bill and it was signed into law. This legislation requires the Workers’ Compensation Board to audit claims for partial incapacity to ensure the annual adjustment has been made for workers injured prior to November 30, 1987. The legislation reverses a 1999 Maine Supreme Court Decision that limited cost of living adjustments for injuries that occurred prior to this date. The vote was 83 Yea – 56 Nay. A NO vote on this roll call supported Maine businesses (Accept the Labor Committee’s Majority Ought to Pass as Amended Report).

 10. Business Regulations - Discovery Under Unfair Trade Practices Act.  LD 953 - Roll Call Vote No. 235. The House passed this bill, which expands access to essentially all company documents, including proprietary information and trade secrets, by the Attorney General within the civil investigative and discovery procedures under the Unfair Trade Practices Act (without a court order). A version of this bill ultimately passed and was signed into law. The vote was 77 Yea – 58 Nay. A NO  vote on this roll call was in favor of Maine’s business environment (Accept the Judiciary Committee’s Majority Ought to Pass as Amended Report).

 11. Business Regulations – Disclosure of Prescription Drug Marketing Costs. LD 1022 – Roll Call Vote No. 345. The House passed this bill, however it was ultimately killed by the Senate through a request to indefinitely postpone. This bill would have required companies who sell prescription drugs in Maine to make available for public inspection all costs associated with marketing their products. The vote was 70 Yea – 66 Nay. A NO vote on this roll call supported Maine businesses (Enactment).

 12. Business Regulations – Overtime Law. LD 1082 – Roll Call Vote No 134. The House passed this legislation and an amended version was signed into law. The new legislation prevents disciplining healthcare workers for refusing to accept overtime work.  The vote was 99 Yea – 43 Nay. A NO vote on this roll call supported Maine’s businesses (Accept the Labor Committee’s Majority Ought to Pass as Amended Report).

 13. Labor – Mandatory Overtime. LD 1086 - Roll Call Vote No. 133. The House passed this bill, the Senate subsequently defeated the bill. This legislation would have set new limits on the amount of mandatory overtime at 60 hours for any consecutive 2-week period. Had this bill become law, it would have increased the restrictions on mandatory overtime above and beyond those signed into law just last session (119^th Legislature). The vote was 89 Yea – 53 Nay. A NO  vote on this roll call supported Maine’s businesses (Accept the Labor Committee’s Majority Ought to Pass as Amended Report).

 14. Workers’ Compensation – Continue Benefits During Vocational Rehabilitation. LD 1175 – Roll Call Vote No. 408. The House initially passed this bill, however it subsequently sustained the Governor’s veto. This legislation would have extended total disability benefits under workers’ compensation to include time spent in vocational training. The vote was 78 Yea – 62 Nay. Votes required to override veto -- 94. A NO vote on this roll call supported Maine businesses (Reconsideration of the Governor’s veto).

15. Workers’ Compensation – Decision Process. LD 1235 – Roll Call Vote No 277. The House passed this bill, however the Senate subsequently defeated the bill. This bill would have limited an employer’s ability to request ‘207’ medical exams to one exam for the entire life of the claim. This change would likely encourage litigation and delay the decision-making process for claims. The vote was 82 Yea – 57 Nay. A NO vote on this roll call was good for Maine’s business environment (Accept the Labor Committee’s Ought to Pass as Amended Report).

 16. Business Regulations – Closing of Stores During Holidays. LD 1251 - Roll Call Vote No. 194. The House passed this bill, however it was subsequently defeated in the Senate. This bill would have mandated stores with more than 5000 square feet to close during Memorial Day, July 4^th, and Veterans’ Day.  The vote was 62 Yea – 67 Nay. A YES  vote on this roll call was good for Maine’s economy (Accept the Business and Economic Development Committee’s Majority Ought Not to Pass Report). 

17. Unemployment Insurance – Expanded Access. LD 1258 – Roll Call Vote No. 323. The House passed this bill, however it was subsequently defeated in the Senate and ultimately carried-over to the next session of the 120^th Legislature. This bill would have expanded access to unemployment compensation benefits to part-time and seasonal employees. It would also extend benefits to those who lose employment due to child care or transportation conflicts.The vote was 77 Yea – 60 Nay. A NO vote on this roll call was good for Maine’s economy (To Accept the Labor Committee’s Majority Ought to Pass Report).

18. Healthcare – Single-Payer System.  LD 1277 – Roll Call Vote No. 319. The House passed this bill which, in its original form, would have created a single-payer health care plan and a new state agency to administer the plan at an estimated cost of $3.4 billion a year.  The vote was 87 Yea – 55 Nay. A NO vote on this roll call supported Maine’s economy (Passage to be Engrossed).

19. Healthcare – Access. LD 1303 – Roll Call Vote No 430. The House passed this bill, which in its original form was extensive and expensive. In its final form, which was signed into law, this legislation includes Medicaid coverage for adults with incomes up to 125 percent of federal poverty level. The vote was 87 Yea – 57 Nay. A NO vote on this roll call supported Maine’s economy (To be Engrossed as Amended (Amendment “C” (H-748) to Committee Amendment “A” (H-639).

 20.  Business Regulations – Restrict Funds Used for Influencing Union Organizing. LD 1394 – Roll Call Vote No. 409. The House initially passed this bill, however subsequently upheld the Governor’s veto. This bill would have restricted health care providers use of funds for influencing union organizing efforts of their employees. The vote was 80 Yea – 60 Nay.  A NO vote on this roll call was in support of Maine’s business environment (Reconsideration of the Governor’s veto).

21. Workers’ Compensation – Attorney Fees LD 1527 – Roll Call Vote No. 389. The House passed this bill, but it was subsequently defeated in the Senate. The bill would have introduced the prevail standard – awarding attorney fees in cases where hearing officers determine the initial denial of a claim was unreasonable. This open standard would have encouraged litigation and was a major factor in Maine having the highest workers’ comp. cost in the nation prior to the reforms of 1992.  The vote was 66 Yea – 73 Nay. A YES vote on this roll call supported Maine’s business environment (To Recede and Concur with the Senate’s Acceptance of the Labor Committee’s Minority Ought Not to Pass Report).

22. Workplace Discrimination – Responsibility .  LD 1599 – Roll Call Vote No 378. The House defeated this bill, which would have clarified that employers hold sole responsibility regarding workplace discriminatory acts and that individual supervisors could not also be held libel for the same act. This clarification is in response to increased litigation claiming dual liability. The vote was 71 Yea – 53 Nay. A NO vote on this roll call is in support of Maine’s business environment (Accept the Judiciary Committee’s Report ‘A’ Ought Not To Pass).

 23. Business Regulations – Conform to Federal Privacy Laws.  LD 1640 – Roll Call Vote No 264. The House passed this bill, which brings conformity with federal laws to Maine laws governing providers of financial services in regard to the privacy of personal information. A version of this bill ultimately passed and was signed into law. The vote was 92 Yea – 51 Nay. A YES vote on this roll call supported Maine businesses (Enactment).  

24. Business Regulations – Product Labeling. LD 1733 - Roll Call Vote No. 205. The House passed this bill, which permits the use of a label on any food, food product, or food ingredient that indicates that the product is free of or made without genetic engineering techniques. This bill was supported by Maine food businesses as an alternative to other legislative initiatives that would have been harmful to Maine businesses. The vote was 94 Yea – 39 Nay. A YES  vote on this roll call supported Maine’s businesses (Accept the Agriculture, Conservation, and Forestry Committee’s Majority Ought to Pass as Amended Report).

25. Healthcare – Improve Market Conditions. LD 1745 – Roll Call Vote No. 311. The House passed a version of this bill, which was signed into law. The passed version will address some issues in the Maine healthcare insurance market, however a stronger minority report from the Banking and Insurance Committee was preferred by Maine businesses. The vote was 89 Yea – 52 Nay. A NO vote on this roll call supported Maine businesses, particularly small and midsize businesses (Accept the Banking and Insurance Committee’s Majority Ought to Pass as Amended Report).

26. Business Regulations – State Government Vendor Policy. LD 1748 – Roll Call Vote No. 226. The House passed this bill, however it was tabled in the Senate, which adjourned without taking action on the bill (in effect killing the bill). This bill would have required every company doing business with the state of Maine to adhere to specific business and employment practices (a ‘code of conduct’) determined by the state. The vote was 81 Yea – 53 Nay. A NO vote on this roll call supported Maine businesses, particularly small and midsize businesses that do business with the State (Enactment).