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Ban on state seizure of Wabanaki land passes Legislature, but likely to be vetoed
Ban on state seizure of Wabanaki land passes Legislature, but likely to be vetoed

Yahoo

time13-06-2025

  • Politics
  • Yahoo

Ban on state seizure of Wabanaki land passes Legislature, but likely to be vetoed

William Nicholas, chief of the Passamoquoddy Tribe at Indian Township, testifies in support of prohibiting eminent domain on tribal lands before the Judiciary Committee on April 4. (Emma Davis/ Maine Morning Star) Legislation that would prevent the state from being able to seize tribal land for public use passed with bipartisan support in the Maine Legislature Friday, winning over many Republicans who generally were less supportive of previous attempts to provide the Wabanaki Nations greater sovereignty. However, initial votes show that support may not be enough to override an expected veto from Gov. Janet Mills. With 11 Republicans joining the Democratic majority, the Maine House of Representatives voted 86-60 on Friday in favor of the bill, preceded by ample debate. The Senate followed suit with a 20-12 vote but no discussion. However, a two-thirds vote in both chambers would be needed to override a veto. LD 958, which has bipartisan co-sponsors and received a favorable committee vote, would prohibit the state from exercising something called eminent domain on current trust and reservation land. 'This is an issue that small government conservatives and civil justice liberals can agree on,' bill sponsor House Minority Leader Billy Bob Faulkingham (R-Winter Harbor) told Maine Morning Star. However, others in his caucus spoke against the bill during floor debate, highlighting that their opposition to this issue is attached to their overall opposition to tribal sovereignty efforts. 'I cannot support this measure because I believe the issue is an issue to some degree less about eminent domain than it is about tribal sovereignty,' Rep. Ken Fredette (R-Newport) said. Fredette went on to compare the Wabanaki Nations to states and municipalities. Governor opposed to latest change to Settlement Act backed by Wabanaki Nations 'Our states are not absolute sovereign from our federal government,' Fredette said. 'Our towns are not absolute sovereign from the state in and the reality is that the tribes are not absolutely sovereign from the state of Maine.' Most other federally recognized tribes are already afforded protection against states being able to seize tribal land for public use. However, the Wabanaki Nations are not, due to repercussions from the 1980 Maine Indian Claims Settlement Act. This land settlement agreement has resulted in the tribes being treated more akin to municipalities than sovereign nations like other federally recognized tribes. Overhauling this act in its entirety is the Wabanaki Nations' broader goal for greater recognition of their sovereignty. The U.S. government can seize private property for public use, a principle known as eminent domain, however that authority is restricted by the Fifth Amendment of the U.S. Constitution, which requires just compensation for land taken, as well as some federal laws. In 1834, the federal Indian Nonintercourse Act prohibited land transactions with tribes unless authorized by Congress, but the Settlement Act specified that that federal law was not applicable to the Wabanaki Nations. 'As an ardent supporter of the Constitution and the Bill of Rights I stand opposed to the government taking people's property through eminent domain,' Faulkingham said. 'It is even more egregious to threaten seizure of property from sovereign tribes who have suffered from historic injustices of land seizures in the past.' LD 958 would amend the Settlement Act to prohibit the state from exercising eminent domain on trust and reservation land, which is protected under federal law, though fee land — or private property for which the owner owns the title — would still be subject to the state taking. The bill would also amend the 2023 Mi'kmaq Nation Restoration Act to make this change for the fourth Tribe of the Wabanaki Nations, the Mi'kmaq Nation, which wasn't included in the Settlement Act. 'I feel like this is a no brainer,' Executive Director of the Wabanaki Alliance Maulian Bryant told Maine Morning Star. 'We should have tribal land protected from state seizure, just like other tribes around the country.' Throughout committee consideration of the bill, it was amended to incorporate a proposed change from the Maine State Chamber of Commerce that the prohibition would only apply to current reservation and trust lands, and not land that may be put into trust in the future. Each of the Wabanaki Nations are eligible to acquire up to 150,000 acres of trust land in specific areas identified in the Settlement Act. Several tribes have already acquired most of that. While the Judiciary Committee accepted that amendment, Passamaquoddy Tribal Rep. Aaron Dana, who is on the committee, told Maine Morning Star that some tribal leaders believed that compromise shouldn't have been made. 'We don't want to keep negotiating away everything,' Dana said. 'We've been negotiating everything away since the 1980s.' 'What we don't know is what we don't know,' Fredette said on the floor. 'Would we, as a state, for the best interest of the state, require a sliver of a piece of land? I don't know the answer to that.' Fredette repeated many of the same talking points that the governor's counsel, Jerry Reid, told the Judiciary Committee during a work session in which he shared that Mills is opposed to the bill. After not testifying during the bill's public hearing, Reid said on April 9 that Mills is concerned the bill could prevent the state government from addressing unpredictable future infrastructure needs, an issue also raised in written testimony from the Maine Department of Transportation. When pressed by committee members, Reid said he didn't have a specific example of an infrastructure project that would warrant seizing tribal land but that, 'We need to write the law mindful of the potential for problems.' Republican Sen. David Haggan of Penobscot, who was one of four committee members to vote against the bill in committee, invited Reid and Tim Woodcock, attorney with Eaton Peabody, to provide a question and answer session about the bill, which was only attended by Republican legislators on May 8. A handout from that meeting listed similar key points, pointing to uncertain future needs and arguing that the state needs to be mindful of the interests of the 1.4 million non-tribal Maine citizens, as well. 'Informational sessions like this are not unusual,' the governor's press secretary Ben Goodman said when asked why the session was held. So far, sweeping changes to the Settlement Act have failed due to opposition from Mills, though an omnibus sovereignty bill has been carried over into next year. Instead, the governor, lawmakers and Wabanaki leaders have successfully made some targeted adjustments, including expanding tribal authority to prosecute crimes last year. Craig Francis, a tribal attorney and Passamaquoddy citizen, told Maine Morning Star that the Wabanaki Nations hadn't expected the eminent domain issue to garner the pushback from the Mills administration that it has. 'We're trying to approach change that way because of what the governor has laid that out as a path forward,' Francis said, referring to the piecemeal approach. 'We didn't really see eminent domain as that big of an issue as her office is making it out to be.' The state has not exercised eminent domain over tribal lands since the Settlement Act, a point Fredette also made on the House floor. This also means that, currently, the state's ability to exercise eminent domain over tribal lands is not actually clear. 'I suspect that even if the state were going to attempt to take a piece of tribal land by eminent domain, it would be sufficiently litigated frankly for years before that were to happen,' Fredette said on the floor, 'and so I think this is a bill that's in search of a problem.' Meanwhile, Francis said the likelihood of litigation is a reason to clarify rights now in the bill. 'It leaves open legal questions that ultimately will end up having to be resolved by a court,' Francis said. 'We're trying to resolve it amicably because there's always room for conversation in the future if [the state] needed land.' SUPPORT: YOU MAKE OUR WORK POSSIBLE

Legislative recap for Thursday, June 12
Legislative recap for Thursday, June 12

Yahoo

time13-06-2025

  • Politics
  • Yahoo

Legislative recap for Thursday, June 12

The Maine State House in Augusta. (Jim Neuger/Maine Morning Star) Thursday saw several major issues come to the floor, with the Maine Senate and House of Representatives taking up more than a dozen gun bills. Additionally, the Senate voted on two bills related to transgender rights, arguably the most contentious topic this session, while the chambers backed proposals to increase taxes on corporations and top earners. With papers frantically shuffling between chambers this week ahead of the planned June 18 adjournment, Maine Morning Star will highlight the biggest items of debate as well as legislation and issues that we've followed all session. Here's an overview of what else happened Thursday. After the House voted 76-71 on Thursday, both chambers have now backed a measure (LD 913) that would prohibit ticket sellers from banning the transfer of tickets to third parties. The Senate on Thursday followed the House in backing LD 172, which would require the Maine State Police to create a statewide list of missing persons and study improvements for investigating those cases, but then moved to table the measure. (Read more about this issue here). With the Senate voting 19-16, the majority of both chambers support a proposal (LD 648) to expand the state's supervised community confinement program for incarcerated people who committed offenses before they were 26 years old. The Senate on Thursday insisted on its support of a proposal (LD 1200), rejected by the House Wednesday, that would prohibit the sale of items intended to be used to inhale nitrous oxide for recreational use. Voting without a roll call, the Senate passed legislation (LD 1955) that establishes several new programs to help support and incentivize people to become early childhood educators and providers. It also requires the Department of Health and Human Services to develop a plan for the long-term sustainability of the Maine Child Care Affordability Program. Introducing her bill, Senate President Mattie Daughtry (D-Cumberland) said it is about 'supporting the workforce behind our workforce.' The Senate voted 20-15 on legislation that would establish a moratorium on the sale of mobile home parks. During debate, Sen. Chip Curry (D-Waldo) explained the pause would allow some of the other bills that passed protecting mobile home owners to take effect. An emergency bill (LD 1986) from the governor to fund collective bargaining agreements for judicial branch employees passed the Senate, with members agreeing to skip the committee process to advance the legislation. The Senate voted without a roll call to back a plan (LD 1669) to establish the Cannabis Advisory Council, to make recommendations to the head of the state Office of Cannabis Policy, as well the Legislature, on matters related to the industry and policy. Legislation (LD 1164 ) that would give the Wabanaki Nations exclusive rights to operate internet gaming in Maine passed the House 85-59. During debate, Passamaquoddy Tribal Rep. Aaron Dana said the bill offers hope and opportunity not just for tribal communities but for rural Maine. He added that it's ultimately about long-overdue economic inclusion. (Read more about this issue here). SUPPORT: YOU MAKE OUR WORK POSSIBLE

Maine Senate rejects effort to ban trans girls from sports
Maine Senate rejects effort to ban trans girls from sports

Yahoo

time13-06-2025

  • Politics
  • Yahoo

Maine Senate rejects effort to ban trans girls from sports

Alice Frost, who identifies as transgender, speaks to a reporter after a rally in Cumberland, Maine on Sunday, March 23, 2025, calling on Maine lawmakers, and local MSAD51 school officials, to support transgender student athletes. (Photo by Troy R. Bennett/ Maine Morning Star) Despite pressure from the Trump administration to repeal protections for transgender student athletes, lawmakers in the Maine Senate late Thursday rejected legislation that would restrict transgender students' access to school sports and bathrooms. The majority of the chamber also shot down an effort to roll back state law that establishes a process for someone at least 16 years old to access gender-affirming health care. The bills — LD 1134 and LD 380 — mark the first of several targeting transgender rights that will go before lawmakers in the Senate and Maine House of Representatives in the coming days. LD 1134 would specifically ban transgender girls from playing girls sports or using girls bathrooms or locker rooms. It is one of three similar proposals this session that require trans students to adhere to sports and facilities that align with the sex assigned at birth. The Senate voted 21-14 in support of a motion to reject the measure, with Sen. Rick Bennett of (R-Oxford) joining Democrats against the bill. In a speech on the Senate floor, Bennett commended the students who spoke up on 'every side of the issue.' Transgender teens and allies crowd State House to fight anti-trans bills 'These are Maine kids and they deserve to grow up in a state where they are safe, respected and seen,' he said. Referring to those who say the bill seeks to put the state in compliance with federal anti-discrimination protections, he said those questions are 'already being addressed in courts where they belong. What we are being asked today is something different: deciding if our laws will affirm the dignity of every child in Maine, or diminish it.' Many of the bill's critics focused on what they said were inherent biological differences between males and females and the superior athleticism of males. Bill sponsor Sen. Sue Bernard (R-Aroostook) told her colleagues she meant no disrespect to the trans community with the bill. 'I'm merely recognizing biological strengths and differences that exist,' she said. 'It's also what's inherently fair and unfair about requiring girls to compete against trans athletes. There's nothing new about leveling the playing field in sports.' Sen. Mike Tipping (D-Penobscot), however, pointed out that trans women and girls have been competing alongside cisgender girls in sports in Maine for decades without much fanfare. 'This is nothing new,' he said. 'What is new is the outsized and disproportionate focus on their lives, especially on what trans kids get to do at school.' He continued, 'Banning a group of kids from playing sports alongside their classmates simply because of who they are is not about ensuring fairness. It's about drawing a line of exclusion. And for trans youth, who already face significantly higher rates of bullying, depression and suicide, being told they don't belong will have serious consequences for their health and their well being.' The Senate also voted 21-14 against LD 380, which would no longer allow minors that are at least 16 years old to consent to gender-affirming care, which can include a wide range of services, including hormone therapy and counseling. Debate centers on fairness and safety during hearing on transgender sports bills Sen. David Haggan (R-Penobscot), who sponsored the legislation, said parents should know what children are doing, 'in all facets of life,' until they are 18 years old. Sen. Anne Carney (D-Cumberland) said the current law was passed after 'exhaustive study and debate in the 131st Legislature. There's no reason to change.' Hundreds of people attended the May public hearing on the slate of anti-trans bills, the vast majority of whom were there in support of trans students. Citing national attacks on trans rights, students, parents of trans youth, faith leaders, educators and other community members testified against the proposals. In 2021, the Maine Human Rights Act was amended to include gender identity as a protected class against discrimination. But that policy has been the subject of debate and scrutiny since President Donald Trump threatened to withhold federal funding unless Maine complies with his executive order banning transgender girls from playing girls' sports. The U.S. Department of Justice is currently suing the state over what it says are violations of Title IX, which protects against discrimination in schools. Other legislation expected to appear before the House and Senate include proposals to restrict the rights of students to use affirming pronouns and broader bills attempting to remove gender identity as part of the Maine Human Rights Act. SUPPORT: YOU MAKE OUR WORK POSSIBLE

Legislative recap for Wednesday, June 11
Legislative recap for Wednesday, June 11

Yahoo

time12-06-2025

  • Politics
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Legislative recap for Wednesday, June 11

A sign above the main entrance to the Maine State House in Augusta. (Jim Neuger/Maine Morning Star) The future of a controversial bill that extends a loophole for out-of-state waste to be brought to Juniper Ridge Landfill is uncertain. After both chambers passed the bill (LD 297), with the Senate voting 22-10 on Wednesday, less than two-thirds of the House voted to enact the bill, which is required for an emergency measure. During the Senate debate, Sen. Rick Benett (R-Oxford), who opposed the legislation, read a letter from Wabanaki Alliance executive director Maulian Bryant, who said the proposal would extend an unjust loophole that is poisoning the Penobscot River. Others who spoke criticized Casella Waste Management, which runs the landfill, for not doing more to change its practices to meet the requirements of a 2022 law banning out-of-state waste. The imported bulky waste — such as construction materials — helps the landfill manage the excess of sludge. Sen. Denise Tepler (D-Sagadahoc) said she's 'not convinced the operator of the landfill is an honest broker.' Tepler and others acknowledged that the bill was not an adequate solution, but she argued that under the current system, it's difficult to separate the in- and out-of-state waste and said the state is up against several contractual obligations so, if no action is taken, it would mean 'serious problems at the landfill.' More bulky waste battles to come. (Read more about this issue here). With papers frantically shuffling between chambers this week ahead of the planned June 18 adjournment, Maine Morning Star will highlight the biggest items of debate as well as legislation and issues that we've followed all session. Here's an overview of what happened Monday. After extensive back and forth, both chambers threw their support behind a proposal to protect Maine's night sky from light pollution. House lawmakers voted late Wednesday to align with the Senate in favor of LD 1934, which would require that exterior lighting on public buildings and projects comply with certain standards intended to reduce the amount of unnecessary light emitted, with exemptions for airports, highways, ski areas, emergency management, and — after the passage of a floor amendment — the Maine Turnpike. Sen. Stacey Guerin (R-Penobscot) pointed out that New Hampshire passed a similar measure and 'the sky did not fall, but the night sky is shining brightly.' Legislation to increase the transparency and accountability of the Maine Information and Analysis Center, a controversial fusion center that was accused by a whistleblower of illegally monitoring and tracking civilians, passed both chambers. LD 419 creates an auditor position within the Attorney General's Office to produce publicly available reports on its actions and ensures the center operates within the law and in a manner that preserves the privacy, civil liberties and civil rights of all people in the state. Following the Senate vote one day before, the House on Wednesday passed legislation (LD 1666) to expand ranked-choice voting to races for general and special elections for governor, state senator and state representative. Rep. Adam Lee (D-Auburn) said the bill does more than enact 'the people's will. It restores coherence to our electoral system.' However, critics argued that because that state constitution says those races should be decided by a 'plurality' of voters, that the bill is unconstitutional. Both chambers have rejected a constitutional amendment (LD 150) that would allow voters to choose the state treasurer. The Senate on Wednesday voted 16-17 against passage of the bill, following the House vote earlier this week. The chambers both voted without a roll call to pass LD 1702, which adds restrictions to what candidates or their representatives can do at polling places on Election Day, including collecting petition signatures or contributions for their candidacy within 250 feet of the entrance to a polling place. Both chambers backed legislation (LD 1731) that would give greater oversight to the Maine State Ferry Advisory Board, requiring the Maine State Ferry Service to consult the board on matters regarding budgets, planning and major operational decisions while the board will conduct annual reviews of the ferry service. This action comes after the ferry service experienced serious disruptions last summer and has struggled to hire and retain staff. (Read more about the issue here.) LD 1099, which would exempt diapers from sales tax, passed both chambers without a roll call. With the House voting 75-65 and the Senate 19-14, both chambers are supporting a proposal (LD 1328) to create culturally appropriate and trauma-informed housing recovery residences to provide services to underserved, underrepresented or disparately impacted individuals in recovery from substance use disorder. The majority of the House and Senate have voted against a proposal (LD 856) to phase out the income tax. An emergency bill (LD 1920) to prohibit the sale to a person under 21 years old of potentially intoxicating hemp products passed both chambers without a roll call, and was unanimously enacted by both chambers, meaning it will take effect immediately after signing. Both the House and Senate passed legislation (LD 1326) that would establish maximum PFAS levels in the drinking water of certain public water systems that serve settings such as schools, factories, industrial parks or office buildings. (Read more about the issue here.) The chambers also unanimously approved a resolve (LD 1888) directing the Office of the Attorney General to convene a working group to study the feasibility of establishing the crime of racketeering for drug offenses and sex trafficking. One of several proposals to amend the constitution to require the popular election of the secretary of state, attorney general and state treasurer (LD 508) ultimately failed after a series of back and forth votes. Though it initially passed the House, which also added a floor amendment that would have ensured those races used ranked-choice voting, it was rejected by the Senate and then indefinitely postponed, which the House later agreed to. The House on Wednesday insisted on passage of a tax proposal rejected by the Senate (LD 1879) that would increase corporate tax rates and use that revenue to support the state's agricultural industries. (Read more about the bill here.) The House on Wednesday insisted on its position in support of a resolve (LD 1364) directing the Department of Inland Fisheries and Wildlife to evaluate efforts to promote the use of non-lead ammunition. Following that, the Senate also insisted on its position against the bill, likely dooming the legislation. Despite significant debate and fatigue over a bill (LD 1754) that would provide for the direct shipment of spirits to consumers, the House voted to insist on its position against the measure that the Senate has backed (a position the upper chamber later doubled down on). Critics argued the legislation would take money from mom and pop retailers that have paid significant money for liquor licenses. The chambers are also at odds over legislation (LD 1657) that would expand the use of tax increment revenue for affordable housing by adding authorized project costs, such as costs for the development, sale, and operation. The House late Wednesday insisted on its position against the measure that is backed by the Senate. The chambers are also split over a proposal (LD 1200) to prohibit the sale of items intended to be used to inhale nitrous oxide for recreational use. The Senate first passed the bill without a roll call but the House voted 50-93 against the measure. Arguing against, Rep. Nina Milliken (D-Blue Hill) told her colleagues the bill would create a new civil offense, such as that if she went to the grocery store and purchased whipped cream with the intention of huffing the gas, and the clerk who sold it to her knew she would do that, they could get a civil penalty. She argued, 'when a bad bill comes around, you must whip it.' Senators voted 21-10 to pass a measure (LD 913) that would prohibit ticket sellers from banning the transfer of tickets to third parties. An amendment introduced on the floor that would have capped the price of resale tickets failed 11-20. House members voted 75-67 to back a provision (LD 229) that would add new tax brackets to increase taxes on the state's highest earners and increase the threshold for the state's lower tax brackets, which sponsor Rep. Ann Matlack (D-Spruce Head) explained was crafted to provide income tax relief to those in the middle. However, a measure (LD 1089) that would establish a tax on incomes over $1,000,000 to permanently fund the state's share of education failed 70-72. The House on Wednesday voted without a roll call to reject a proposed constitutional amendment (LD 1112) that would require the state to reimburse municipalities for at least 90% of lost revenue due to property tax exemptions, and also establish a minimum homestead tax exemption. The House initially voted under the hammer to pass LD 172, which would require the Maine State Police to create a statewide list of missing persons and study improvements for investigating those cases, but then moved to table the measure. (Read more about this issue here). Members of the House voted 73-69 in favor of (LD 648) to expand the state's supervised community confinement program for incarcerated people who committed offenses before they were 26 years old. SUPPORT: YOU MAKE OUR WORK POSSIBLE

Advocates make case for red flag ballot measure in last-minute legislative hearing
Advocates make case for red flag ballot measure in last-minute legislative hearing

Yahoo

time12-06-2025

  • Politics
  • Yahoo

Advocates make case for red flag ballot measure in last-minute legislative hearing

Nacole Palmer (right), executive director of the Maine Gun Safety Coalition, sits with Arthur Barnard (center), who held a picture of his son, Lewiston shooting victim Arthur Strout, during a public hearing before the Maine Legislature's Judiciary Committee for a red flag citizen's initiative on June 11, 2025. (Photo by Eesha Pendharkar/ Maine Morning Star) Dozens of people gathered at the State House Wednesday to discuss stricter gun safety regulations that Mainers will be voting on this November. After a failed legislative attempt last year to implement a so-called 'red flag law' — which would allow courts to temporarily take guns away from people perceived as a threat by law enforcement or their family members — a citizen-led initiative collected more than 80,000 signatures to put a referendum question on the ballot for this year. But before the question goes to voters in November, the Legislature is required to hold a public hearing for the referendum: LD 1378. Wednesday's meeting came after Republicans repeatedly questioned why a public hearing was never scheduled for the proposal. After pleas from Republicans, last-minute hearing scheduled for red flag initiative Red flag laws, formally known as extreme risk protection orders, are active in twenty-one states, including four states in New England. Maine is the only state with a yellow flag law. The referendum proposes allowing a family member, household member or law enforcement officer to file a petition, along with an affidavit of facts, for an extreme risk protection order if someone is suspected of posing a significant danger of causing physical injury to themself or another person. That protection order would prohibit the person from purchasing, possessing or controlling a 'dangerous weapon.' A court would be required to schedule a hearing within 14 days of when the petition is filed. If the court finds the individual does pose a significant risk of causing physical injury, the court must issue an order prohibiting them from purchasing, possessing or receiving a dangerous weapon for up to one year. The person would need to immediately surrender any dangerous weapons in their possession to law enforcement. A person could request to have the order terminated if they can show evidence that they no longer pose a risk of physical harm. Conversely, an order can also be renewed for up to one additional year. At the hearing, about 30 speakers highlighted flaws in Maine's current 'yellow flag law,' which allows law enforcement to take guns away from people after a mental health evaluation. Family members of people who died in the October 2023 mass shooting in Lewiston as well as doctors, psychiatrists and school teachers all pointed to issues with the yellow flag law, arguing that stricter regulations could have helped prevent the shooting. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX 'I get regular calls from people who are desperate for help when a loved one or others are in crisis, who are dangerous and harmful firearms that are not getting help from the police. I have to explain to them that there's nothing that I can do as an individual on this kind of advocacy,' said Nacole Palmer, executive director of the Maine Gun Safety Coalition, which collected signatures for the citizen initiative. 'But there's something that we can all do together this November by passing this proven, life-saving law that empowers family members and will help keep our schools and communities safe,' she added. Mental health professionals and doctors from several national organizations said the current law's required mental health evaluation weakens it. 'Ultimately, family members know their loved ones best. They are first to notice when something is wrong and when someone they love is wrong,' said Madeleine DesFosses, speaking on behalf of the American Academy of Pediatrics and the Maine Medical Association. 'We need to ensure that an efficient process is available, and that makes it easier to get dangerous weapons away from someone.' Critics of the bill included members of law enforcement, who said the yellow flag law is working well and that allowing courts to directly take away weapons makes enforcement of the red flag law more dangerous for law enforcement officers who have to confiscate them. Some opponents also argued that it's unconstitutional and lacks due process. If the referendum passes, it would not replace Maine's current law, but would be an additional tool police or the general public can use to temporarily confiscate weapons. But Lt. Michael Johnston of the Maine State Police argued that having two different avenues is unnecessary, since the current system is working well, as evidenced by the increase in frequency of use. Maine medical community backs proposed red flag law 'I think this is going to be a heightened risk of service for law enforcement and for the respondent,' Johnston said, testifying in opposition to the referendum. 'You get diminished returns if you have similar processes in place, people aren't sure which ones to take advantage of.' The public hearing included lengthy discussion on the effectiveness and barriers of the current law. Since the Lewiston shooting, the use of the yellow flag law has skyrocketed. Law enforcement used it more times in the first two months of this year than the first three years after its passing in 2020. So far, there have been 881 total applications, 800 of which were after the October 2023 shooting, according to Maine State Police. Johnston said he is only aware of two times that state police were unsuccessful in temporarily confiscating weapons under the yellow flag law rules. But that use remains high because the yellow flag law 'failed so spectacularly that 18 Mainers were slaughtered,' Palmer said. 'And the people of Maine, including our law enforcement, are so desperate to make sure that kind of thing doesn't happen again.' Johnston said 'Lewiston was a wake up call for everyone,' and that law enforcement is already focused on better training and implementation of the yellow flag law. Adding another tool that doesn't work as well to the tool chest, he said, 'can detract or diminish from what's already working.' Similar legislation was introduced last session, but it died without a vote in the full Senate or House of Representatives. That bill was sponsored by Sen. Rachel Talbot Ross (D-Cumberland), who at the time was speaker of the House. A lengthy budget debate on the last day of the session upended plans for the chambers to take it up. At the time, the measure was particularly popular among Maine's medical community which praised the proposal for its efforts to address the public health crisis of gun violence without stigmatizing mental illness. Like last year's proposal, the red flag bill heard Wednesday is up against the legislative clock. Though lawmakers are no longer beholden to the statutory adjournment date of June 18, given that they are technically in a special session, leaders have indicated they intend to stick with that deadline. SUPPORT: YOU MAKE OUR WORK POSSIBLE

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