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By Michael Shepherd - May 24, 2023
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📷 Lawyers for four Penobscot Nation men who sued Maine's Catholic diocese claiming they were sexually abused when they were children by priests assigned to St. Ann Catholic Church on Indian Island provided these materials at a news conference on April 13, 2022. (BDN photo by Linda Coan O'Kresik)
Good morning from Augusta. Legislative committees are in for another long day of work. Here's the agenda, including potential votes on a ream of Democratic labor proposals and drug pricing bills.

What we're watching today


Maine looks poised to ramp up changes that led to a flood of lawsuits against the Catholic church. When Maine lawmakers moved in 2021 to remove the statute of limitations on civil claims of child sexual abuse, it led to immediate effects. In March, four Penobscot Nation men sued Maine's Catholic diocese alleging abuse, bringing the number of active lawsuits like it to 15.

They were all prompted by that change, which was opposed by the diocese. A judge rejected their argument that the law was unconstitutional, but lawsuits are effectively on hold until Maine's high court rules on that issue. One of the lawyers representing alleged victims has said to expect dozens more cases.

Lawmakers are revisiting this subject in 2023, and they look poised to make another big move. Sen. Joe Baldacci, D-Bangor, is backing a bill that would further wipe out statutes of limitation in criminal and civil cases for offenses classified as sexual abuse or sexual exploitation of a minor. It got a unanimous vote in a legislative committee on Tuesday.

These add up to relatively minor tweaks under the letter of Maine's already strong laws on the topic, but they could have big effects. The state already has no statute of limitations in criminal cases on the most serious sex crimes against children. But this expands the repeal to all sex offenses in the state's criminal code and to all victims under age 18, rather than just under 16.

The practical effects of the 2021 change have not been fully realized with the court cases remaining on hold. It is also difficult to say what the criminal changes under Baldacci's proposal would mean in effect, since prosecutors would need hard evidence to advance old cases that may be hard to prove.

This legislation is not dividing lawmakers as of yet, but it is dividing members of the legal community. The Maine Trial Lawyers Association backed the idea in testimony from Michael Bigos, who is representing plaintiffs in lawsuits against the Catholic church. Defense attorneys oppose it, saying the statutes of limitations are important legal tools. Prosecutors support it.

These changes have already led to significant liability for the Catholic church, and lawmakers look ready to extend the changes past that venue and into the criminal arena. It is one of the top legal areas to note in Maine going forward.
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News and notes

📷 Maine Senate President Troy Jackson, D-Allagash, administers the oath of office to Gov. Janet Mills in Augusta on Jan. 4, 2023. (BDN photo by Troy R. Bennett)

 

🧃 A wide coalition backs a childcare push, but the governor is skeptical.

◉ Perhaps the top priority of the 2023 legislative session for Senate President Troy Jackson, D-Allagash, is a child care overhaul backed by a large coalition of groups that rarely agree, from the progressive Maine People's Alliance to HospitalityMaine, which represents restaurants and hotels and is generally conservative on economic issues.

◉ It is a local response to a national crisis facing child care that was exacerbated during the COVID-19 pandemic, when more than a quarter of Maine's home-based daycare centers shut down. The industry is largely reliant on low-wage workers who can easily get higher-paying jobs in other sectors.

◉ Jackson's bill would make a number of changes, including a doubling of a wage supplement for workers and increasing a number of subsidies and supports for families. But the administration of Gov. Janet Mills opposed it in testimony earlier this month, saying the bill is underfunded at Jackson's current annual price tag of around $30 million.

◉ This criticism prompts questions about whether lawmakers can get the measure through this year. A committee will work Wednesday on Jackson's proposal, which will need funding in a budget document if it is going to pass. Watch the committee session.

💼 Business groups officially come out against a paid leave bill.

◉ It is no surprise given their posture in recent weeks, but two key business groups — HospitalityMaine and the Portland Regional Chamber of Commerce — registered their opposition to a paid leave push from legislative Democrats in notices to their members on Tuesday.

◉ "We have made meaningful efforts this session to work with lawmakers, policy leaders, and stakeholders to craft a paid Family and Medical Leave proposal that works for both employers and employees," HospitalityMaine lobbyist Nate Cloutier wrote. "Unfortunately, this legislation goes beyond the scope of what is workable and realistic in Maine and we must oppose LD 1964."

◉ "At this time, we are opposed to the legislation, because it does not adequately address the concerns our members have expressed about the bill," the Portland Chamber said. "However, we do intend to come to the public hearing with actionable compromise proposals for the committee to consider."

◉ Those on this side were meeting with Mills weeks ago on the subject, but the governor has been silent on the new measure from top legislative Democrats who have locked down the support of virtually all their members. The bill gets a public hearing on Thursday.

💰 Maine's budget situation isn't normal, but it's proceeding normally for now.

◉ Mills' $900 million spending package is the most uncertain of her tenure under firm Democratic control of Augusta. House Speaker Rachel Talbot Ross, D-Portland, is reportedly holding out to try to get the governor to support tribal-rights initiatives, while Republicans are still pushing for tax cuts that Democrats look unlikely to grant.

◉ But lawmakers appointed by both Talbot Ross and Jackson continue to put Mills' budget through the normal process. A Tuesday notice from a budget panel aide said votes on the package may come steadily this week. We're still a long way from a final product.
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What we're reading


🔌 A lack of working chargers may hamper Maine's electric vehicle effort.

⛰️ This $35 million welcome center at Maine's national monument would accentuate Wabanaki culture.

🤏 Maine Democrats rejected new restrictions on U.S. Senate appointments.

🚧 A Dollar General store in Maine drew heavy federal fines for unsafe working conditions.

🦸 Hallowell police say a civilian hero helped rescue two people from the top of a burning home in the heart of the city. Here's your soundtrack.
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