One of the more intriguing bills of this legislative session is LD 380, An Act Regarding Monhegan Plantation. The bill is a concept draft, and the entire bill reads as follows: “This bill would support Monhegan Plantation in addressing any needs arising during the 131st Legislature.”
Wow. There must be a story behind this, but absent any knowledge of what that story might be, how tempting to think there could be a bill any time that read: “If Jill has any problems this year, the Legislature is standing by to assist.” How very kind!
OK, a tree fell on our truck in the pre-Christmas windstorm. We need the tree cut up and removed, and the truck hauled off and repaired. Under the “Help for Jill” law above, would the Legislature spring into action and come to the rescue? Awesome!
Monhegan, it must be said, is a place like no other. Self-reliant, quirky and resilient, this is the last place in Maine that would need the Legislature standing by “just in case.” And we would like to think the Legislature is standing by for all of us in the event of emergency, without having a law specifying their readiness to assist. So what’s up with this bill? We won’t know until it gets to a policy committee and the sponsor explains.
This is just one of the many mysteries of the legislative process, and yet compared to Congress the Maine Legislature is a miracle of transparency. The rank and file has access to leadership, and to the governor. All members may submit bills without restriction.
In Congress and in many other states there are gatekeepers. In some it is leadership. In others there is a committee that decides which bills will go forward. In Maine, every legislator may decide which bills they will sponsor. OK, some are lunatic and have absolutely no chance of passing. They can be dealt with as quickly as a deliberate process allows, moved along smartly from step to step within the process and sent to the floor to meet their fate.
There are plenty of signals legislators can give their colleagues to let them know that a “no” vote on a certain bill will not be held against them. The most obvious of these is the legislative kiss of death, the notation “By request” that is printed on the cover of the bill. This indicates that the sponsor has agreed to submit the bill but does not have a stake in its success.
With or without the “By request” designation, a sponsor may present a bill with the legislative equivalent of “name, rank and serial number.” That means appearing, as is required, at the opening of the public hearing that starts the bill’s consideration and stating the bill title and little else.
Then the sponsor walks out on the bill, does not attend work sessions where it is discussed, does not lobby colleagues to support it and does not call in any favors to assure its success. Without the sponsor’s active involvement, a policy committee is free to clear the bill from the committee’s roster with an Ought Not to Pass vote. A unanimous ONTP means the bill can bypass the floor process and go straight to the dead file.
There is another way, but it takes a little legislative gumption to do it. A legislator can take a deep breath, look a constituent in the eye, and say, “Look, I am not enthusiastic about your idea for a bill. You would be much better off with a sponsor who has reason to advocate for it. Can I help you find someone who might give it their support?”
That’s a real favor to a constituent, though they might not see it that way. It is easier for an election-minded legislator to just put the bill in and reserve the right to tell the constituent he tried. After all, who at home will know whether the sponsor is putting some muscle behind the bill in the State House?
Sometimes a legislator is fighting mightily for a bill but the twists and turns of the process make it look like he or she has thrown in the towel. If there are several bills very similar in intent, a committee often combines them into a single bill. A wise legislator will not make an issue of retaining a title when the substance of the bill is more likely to pass in a joint effort under someone else’s title.
Most constituents will tolerate a dose of legislative process if it helps them understand what is going on with their bill. Legislators who take time to communicate with their constituents end up with an unshakable base of support regardless of the outcome of their legislation.
Jill Goldthwait worked for 25 years as a registered nurse at Mount Desert Island Hospital. She has served as a Bar Harbor town councilor and as an independent state senator from Hancock County.
Jill Goldthwait worked for 25 years as a registered nurse at Mount Desert Island Hospital. She has served as a Bar Harbor town councilor and as an independent state senator from Hancock County.
