Floor Speech: Veto Override of Maine Foods Bill

Remarks on Veto Override of LD 1254

An Act To Increase Consumption of Maine Foods in All State Institutions - January 14, 2014

Mr. Speaker, women and men of the House, I rise to urge you to vote to override the veto on LD 1254, An Act to Increase Consumption of Maine Foods in All State Institutions.

When are we going to invest in our state’s food production? When are we going to invest in the self-sufficiency of the great state of Maine? If not now, then, tell me, when?

LD 1254 is a commonsense economic development measure that would strengthen Maine's food economy and promote job creation for Maine people. Last session, the Legislature agreed to the measure, passing the bill to be enacted by a 2/3 vote. A supermajority, to be sure

LD 1254 would direct all state-funded institutions to purchase a percentage of foodstuffs from Maine food producers. Those percentages increase incrementally over the next 20 years in order to make them achievable and fiscally responsible.

By committee amendment, schools that participate in the Federal School Lunch Program are exempt. The Joint Standing Committee on State and Local Government, chaired by the good representative from North Yarmouth, did an outstanding job working this bill. The school exemption was prudent in order to keep this bill moving forward and viable for passage. The committee also knew that LD 1431, An Act To Support School Nutrition and Expand the Local Foods Economy, was in the pipeline. That proposal seeks to remedy any problems with local school districts that may have trouble sourcing food from local food producers. This bill, LD 1254, is, therefore, NOT an "unfunded mandate," as the chief executive described in his veto letter (on either local school districts OR state government), because if the food isn't competitively priced and available, there is no requirement for any state institution to purchase it. That’s the reason why there’s no price tag in the final fiscal note on this bill.

Now, speaking of the veto letter, the only part of it that reads as accurate is when it states that current state law already requires institutions to purchase food from Maine producers. Well, it is this precise current law, Chapter  8-A: FOOD AND FOOD POLICY, Subchapter 1: PURCHASE OF FOODSTUFFS FROM MAINE, that LD 1254 seeks to AMEND by adding implementation guidelines back into the statute. They were removed in 2005 when the price per meal no longer made sense, given the rising cost of food.

Seasonality also isn't an issue because Maine food IS available year-round. There are a growing number of farms growing food year-round in state-of-the art, energy efficient and sustainable greenhouses. But even if there aren’t yet enough of these to supply fresh greens to our state institutions in the winter, then think frozen or canned vegetables or frozen blueberries from Maine growers and processors; think frozen or fresh meats and seafoods from Maine meat and seafood producers and processors;  think storage beets, carrots, turnips, potatoes, and winter squashes from Maine farmers; think of the frozen sliced root crop from Aroostook County that Northern Girl distributes all over the state. I could go on, but I think you get the idea.

The chief executive’s note on separation of powers is simply unfounded. The state’s correctional facilities are NOT exempt from the laws of the Legislature.

Now, there are some who say that the government has no business telling a food purchaser at a state-funded institution what food to buy. Even a person with libertarian sensibilities knows that statement is nonsense. Mr, Speaker, the PEOPLE are the government. The government is not some THING disembodied from the populace. The food director of a state-funded institution isn't working for a private enterprise. That food director is working for the public, as are all employees of state-funded institutions. As a citizen of the state, don't I have a say in where the money I contribute, through my taxes, is spent for the food available to me to eat when I attend a conference at a public institution? I, as both citizen and elected lawmaker, have the responsibility to demand or require (take your pick) that those who are purchasing food with MY money spend as much of it as is feasible on food grown, caught, processed and produced right here in Maine.

By current statute, "It is the policy of the State to encourage food self-sufficiency for the State. State institutions and school districts in the State shall purchase food produced by Maine farmers or fishermen, provided that food is available in adequate quantity and meets acceptable quality standards, and is priced competitively."

LD 1254 is a small step toward realizing that goal by putting implementation guidelines and benchmarks into this current law in order to give it teeth; it is not a NEW policy.

The University of Maine is one example of an institution that has shifted its purchasing power towards Maine-grown food by already purchasing up to 30 percent of its food from Maine sources.

LD 1254 provides an incentive for all our institutions to follow UMaine's lead.

Right now, most of our taxpayer dollars that help fund institutional food buying are going to out-of-state corporations like Sysco and Aramark, NOT Maine farms and fisheries and NOT circulating in Maine's economy, thereby strengthening our communities.

Mr. Speaker, as I’ve already said TWICE now, (third time is the charm, right?), LD 1254 amplifies an existing lawthat already requires institutions to keep their dollars in Maine and help promote our state's economy; it simply goes one step further by adding some benchmarks for accountability by adding a percentage and a timeline. There is no penalty for non-compliance with this law, but the implementation guidelines help provide some measure of accountability to our legislators and taxpayers.

In closing, we must be aware that the barriers on local farms to institutional markets are significant, and this bill could help create space for small farms to become mid-sized farms; mid-sized farms to scale up and hire farm help; large farms to gain a new market for their "seconds.”

Maine's strength can be found in our PRIMARY economic engines: our farmers, fishermen and forests -- the emblems of our heritage on our state's flag.

If we want more jobs for Maine people, then we must begin with policies that help promote the growth of and strengthen our primary economies, not undercut and divert resources away from them to the sole benefit out-of-state, agribusiness corporate giants whose dollars don’t circulate in our own economy.

LD 1254 is a step toward turning policy support to Maine farms and fisheries by directing our state-funded institutions to buy more Maine food. Who can argue with that?

So, Mr. Speaker, men and women of the House, if you believe, as I believe, that we need to spend more of our taxpayer dollars on food produced by Maine people for Maine people so that we keep more of our money in the state, reduce our reliance on foods imported from who knows where, grow a more robust food economy from York to Fort Kent, and create desperately needed jobs right here in Maine, then please vote to override this veto today.

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(The Maine House of Representatives voted 94-46 to overturn the veto. The Maine Senate will vote on the veto next week.)

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Stand Up For Maine Jobs Now

Dear Neighbor,

Last Friday, Gov. Paul LePage vetoed my bill  LD 1254, An Act to Increase Consumption of Maine Foods in All State Institutions, a commonsense economic development measure that would strengthen Maine's food economy and promote job creation for Maine people. Last session, the Legislature agreed to the measure, passing the bill to be enacted by a 2/3 vote. A supermajority, to be sure. 

LD 1254 would direct all state-funded institutions to purchase a percentage of foodstuffs from Maine food producers. Those percentages increase incrementally over the next 20 years in order to make them achievable and fiscally responsible. By committee amendment, schools that participate in the Federal School Lunch Program are exempt. The bill is, therefore, NOT an "unfunded mandate," as the governor described in his veto message (on either local school districts OR state government), because if the food isn't competitively priced and available, there is no requirement for any state institution to purchase it. 

By current statute, "It is the policy of the State to encourage food self-sufficiency for the State. State institutions and school districts in the State shall purchase food produced by Maine farmers or fishermen, provided that food is available in adequate quantity and meets acceptable quality standards, and is priced competitively."

LD 1254 is a small step toward realizing that goal.

The University of Maine is one example of an institution that has shifted its purchasing power towards Maine-grown food by already purchasing up to 30 percent of its food from Maine sources.

LD 1254 provides an incentive for all our institutions to follow UMaine's lead.

Right now, most of our taxpayer dollars that help fund institutional food buying are going to out-of-state corporations like Sysco and Aramark, NOT Maine farms and NOT circulating in Maine's economy, strengthening our communities.

LD 1254 amplifies an existing law that already requires institutions to keep their dollars in Maine and help promote our state's economy; it simply goes one step further by adding some benchmarks of accountability by adding a percentage and a timeline. There is no penalty for non-compliance with this law, but the implementation benchmarks help provide some measure of accountability to our legislators and taxpayers. 

The barriers on local farms to institutional markets are significant, and this bill could help create space for small farms to become mid-sized farms; mid-sized farms to scale up and hire farm help; large farms to gain a market for "seconds." Maine's strength can be found in our primary economic engines: our farmers, fishers and forestry, the emblems of our heritage on our state's flag. If we want more Maine jobs, we need to start with policies that help promote the growth and strengthen our primary economy, not undercut and divert resources away from our farms and fisherfolk toward agri-food multinational corporate giants whose dollars don't circulate in our own economy. LD 1254 is a step toward turning policy support toward Maine farms and fisheries by directing our state-funded institutions to buy more Maine food.

If you believe, as I do, that we need to spend more of our taxpayer dollars on food produced by Maine people for Maine people so that we keep more of our money in the state, reduce our reliance on foods imported from who knows where, grow a more robust food economy up and down the state, and create desperately needed jobs right here in Maine, then call or write your representatives and senators right now and urge them to vote to override this veto. The Legislature will vote on this veto tomorrow morning, Tuesday, January 14, so please don't delay. Maine's hardworking food producers -- farmers, fishermen, processors and distributors, small and large -- are counting on you.

If you have any questions, please do not hesitate to contact me at 207-377-3276 or at craighickman@rocketmail.com.

Thank you for your help in this urgent matter and Happy New Year.

Take care of your blessings,

Craig Hickman

State Representative 

Public Hearing on TransPacific Partnership Agreement

I just received the following press release a few hours ago via email. It comes with this introduction from the House Chair:

"The Maine Citizen Trade Policy Commission is holding a hearing this Thursday Dec. 12 from 4-8pm in Belfast. Its very timely with Congress getting ready to consider whether trade agreements such as this one, which is being negotiated in total secrecy, should be "fast tracked" without opportunity for any changes. Many of your constituents are very concerned about the TPP which threatens 900 New Balance jobs and could override state environmental protections and increase the cost of medicines. So, if you are in the area and so inclined, please stop by and testify."

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PUBLIC HEARING ON FOOD SAFETY AND AGRICULTURE TO BE HELD ON DECEMBER 12th BY THE CITIZEN TRADE POLICY COMMISSION

The Chairs of the Citizen Trade Policy Commission (CTPC), Senator Troy Jackson and Representative Sharon Anglin Treat, are inviting members of the public to attend a public hearing which is scheduled for Thursday, December 12th from 4 PM to 8 PM at the UMS Hutchinson Center (Rt. 3) in Belfast.

The CTPC anticipates that the public hearing will broadly focus on the topics of food and seafood safety, specific impacts on Maine agriculture and such food policy issues such as buying local and GMO and other food labeling policies as they pertain to the TransPacific Partnership Agreement (TPP). The TPP involves at least 12 Pacific Rim nations and is anticipated to be finalized in 2014. During recently scheduled meetings, the CTPC has devoted considerable time to discussing this potential Free Trade Agreement with a focus on the treatment of food safety issues and President Obama’s current “fast track” proposal to have this treaty be approved by Congress on a simple up or down vote.

In commenting upon the importance of the CTPC public hearing, CTPC Chair Senator Troy Jackson stated that “As Co-Chair of the Citizen Trade Policy Commission, I believe it is our responsibility to help inform members of the Maine public about the critical issues concerning food and seafood safety that are currently being negotiated in the TPP. From an equally critical perspective, it is crucial that the commission hears from the public about their perspective on these important issues. The upcoming public hearing provides the perfect opportunity for this mutual exchange of information and viewpoints."

CTPC Chair Representative Sharon Anglin Treat also stated that "The U.S. government is negotiating two sweeping trade agreements that, if completed as envisioned, will bind most of the countries in the world as well as US state and local governments. These agreements extend well beyond traditional trade topics and have implications for our policies on food safety, labeling of products, public health and much more. We invite the public to attend this hearing both to learn more about these trade agreements, and to offer testimony about how the TPPA and EU-US trade deals could affect Maine. Testimony on any issue is welcome, and we particularly seek information about how these treaties may affect Maine's seafood and agricultural businesses and our policies promoting locally-grown food."

Another member of the CTPC, Stephen Cole, Energy & Environment Officer for CEI, a Maine based nonprofit economic development organization, emphasized that “International trade policy often represents the interests of multi-national corporations. The CTPC is a steadfast voice for the rights and needs of Maine companies and their workers.” CTPC member Robert Umphrey, President of Northeast Packaging Company in Presque Isle, commented that “The role of the CTPC is highly critical at this time in addressing the interests of Maine in the ongoing TPP negotiations. In addition, Maine must be assured that the states exporting sectors such as services, manufacturing and agriculture have adequate market access provisions with all signatories. Maine’s traditional manufacturers have not always fared well in prior trade agreements and the TPP should be closely examined to determine what is in the state’s best interests.”

The CTPC expects testimony from a number of prominent governmental, academic and private sources including Maine Congresswoman Chellie Pingree; Congresswoman Rosa DeLauro (Connecticut), the Maine Farm Bureau; the Maine Organic Farmers and Gardeners Association, Food & Water Watch and welcomes other testimony from members of the public. More information about the public hearing can be obtained by e- mailing the CTPC at ctpc@legislature.maine.gov.

The CTPC was created by Maine State law in 2003 to “assess and monitor the legal and economic impacts of trade agreements on state and local laws, working conditions and the business environment; to provide a mechanism for citizens and Legislators to voice their concerns and recommendations; and to make policy recommendations designed to protect Maine's jobs, business environment and laws from any negative impact of trade agreements.” The CTPC is composed of 6 legislators, 7 members from the private sector and 5 representatives of different state agencies.

CONTACTS:

Senator Troy Jackson, CTPC Chair: phone 436-0763

Representative Sharon Anglin Treat, CTPC Chair: phone 242-8558

Lock Kiermaier, CTPC Staff: phone 446-0651

State News Update

Bill Submissions for 126^th Legislature’s Second Session Decided

On Wednesday, October 30^th, the Legislative Council met to determine which bill submissions will be considered during the second regular session of the 126^th Legislature, scheduled to begin in January. Unlike the first regular session, bills submitted by lawmakers for the second session must be approved by Legislative Council in order to move forward. During the meeting on Wednesday 99 of the 392 bill proposals were approved, 4 were tabled, and the rest were rejected. Lawmakers whose bill proposals were rejected will have the opportunity to appeal the Council’s decision. 

My only bill submission for the upcoming session, An Act to End Hunger, Protect Small Farms and Homesteads and Promote Self-Sufficiency for the People of the State, was rejected by the Council. I don't know whether I will appeal or not.

Click HERE for the full list of bill proposals and the Council’s decisions on each of them.

Remember to vote tomorrow.

Bond Issue Ballot Questions

As our Nov. 5, Election Day approaches, I wanted to give you some information about the $149.5 million bond package you will see on the ballot.  This comprehensive, bipartisan bond package was passed by the Legislature in late August.  It aims to inject money back into our economy and to produce jobs for hard-working Mainers.  It is also about making important investments in our higher education system, our public infrastructure and our people.

  

Here are the five ballot questions:

Question 1: Bond Issue 

Do you favor a $14,000,000 bond issue to provide funds for the State's share of maintenance, repair, capital improvement, modernization and energy efficiency projects for Maine Army National Guard readiness centers and support facilities and the purchase of land for training and to draw down federal matching funds?

Question 2: Bond Issue

Do you favor a $15,500,000 bond issue to enhance educational and employment opportunities for Maine citizens and students by updating and improving existing laboratory and classroom facilities of the University of Maine System statewide?

Question 3: Bond Issue

Do you favor a $100,000,000 bond issue for reconstruction and rehabilitation of highways and bridges and for facilities or equipment related to ports, harbors, marine transportation, freight and passenger railroads, aviation and transit, to be used to match an estimated $154,000,000 in federal and other funds?

Question 4: Bond Issue 

Do you favor a $4,500,000 bond issue to provide funds for a public-private partnership for a building project for a new science facility at the Maine Maritime Academy to be matched by other funds?

Question 5: Bond Issue

Do you favor a $15,500,000 bond issue to upgrade buildings, classrooms and laboratories on the 7 campuses of the Maine Community College System in order to increase capacity to serve more students through expanded programs in health care, precision machining, information technology, criminal justice and other key programs?

If you would like more details, please contact me at 377-3276 or craighickman@rocketmail.com.

State News Update

Federal Government Shutdown

I trust that you have been closely following the mess that is the federal government shutdown. I find it a reckless, irresponsible failure of our elected federal officials to properly govern a nation at a crossroads. Certainly not a shining example of governance for the rest of the world to witness. Certainly not the best way to protect the public health and promote the well-being of our citizenry.

The lives of too many Americans have been negatively affected by the cessation of vital programs and services, our struggling-to-recover economy will be potentially forced to the brink, and here in Maine, hard-working families have already felt the pain. All 52 state employees at the Disability Determination Office at the Carleton Mills building on Route 202 in Winthrop were temporarily laid off without pay. Uncertainty rules the day.

Recently, Gov. Paul LePage declared a civil emergency in Maine due to the federal shutdown, a declaration that has led to many people -- in our district and outside of it -- contacting me to find out what this all means.

Historically, Maine governors have used the civil emergency powers during disaster relief to respond to a crisis. Gov. John Baldacci declared a civil emergency in response to the H1N1 outbreak to expedite flu vaccinations. Gov. Baldacci also issued a civil emergency in 2007 when the price of diesel went up by $1. Gov. John McKernan declared a civil emergency during the shutdown of state government in 1991.

The Civil Emergency Proclamation grants authority to the governor to not follow the Collective Bargaining Agreement (CBA) with state employees who are facing layoffs resulting from the shutdown.

The governor has said that he is doing so to reduce the financial impact to state employees so that they can receive unemployment benefits and health insurance. He has also said that the layoffs will terminate at the conclusion of the shutdown.

During a meeting with the governor and Republican leaders, Democratic leaders proposed an amendment to the proclamation which would clarify the scope of his power so it would not suspend the state's labor relations law and not circumvent the CBA and also provide an end-date. The governor refused to do this.

More than 2,700 state employees' jobs are at risk.

No other state or governor in the country has declared a similar civil emergency in the wake of the federal shutdown.

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Food Supplement Impacted as Stimulus Package Expires
 
The expiration of the federal stimulus package, which temporarily increased funding to the Supplemental Nutrition Assistance Program (SNAP), will reduce the monthly benefit provided through the Food Supplement program to all recipients beginning November 1.
 
The SNAP benefit, still commonly referred to as “food stamps,” was temporarily increased in 2009 with the passage of the American Reinvestment and Recovery Act, often referred to as the stimulus package. The temporary increase expires on November 1 and all SNAP recipients will see a reduction.
 
The SNAP, a federal program of the United States Department of Agriculture (USDA), is fully funded by the federal government and administered by the state. In Maine, more than $30 million in SNAP benefits are distributed each month.
 
Adding confusion to this benefit decrease is that in October, many SNAP recipients will actually see a small increase in benefits due to the annual cost of living adjustment. The Office for Family Independence (OFI) has sent notifications to the more than 132,000 households that currently receive SNAP benefits to explain the changes.
 
“Due to the ARRA sunset, States must adjust all SNAP allotments twice this year: once on October 1, 2013 and again on November 1, 2013,” wrote Bonnie Brathwaite, Director of the USDA’s Northeast Region of SNAP. “Because these are statutory provisions, they cannot be waived or consolidated into one effective date.”
 
The reduction in benefits will range from $1 a month for those who receive the minimum monthly benefit, to an average of around 5 percent for those who receive the maximum benefit. As an example, a family of four receiving the maximum benefit of $668 per month in October will see a $36 reduction. In Maine, the average monthly benefit for a family of four is $351.
 
Another OFI mailing will follow in mid-October that will tell members the exact amount of the reduction beginning November 1.

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Secretary of State Reminds Mainers of new Motor Vehicle Laws Now in Effect
 
Secretary of State Matthew Dunlap would like to remind Maine motorists that new driving regulations, passed into law by the 126th legislature, went into effect on Wednesday, October 09, 2013. These laws are among others that became active 90 days after the close of the legislative session. 
 
“We hope these laws continue to improve safety on the road,” said Secretary Dunlap.  “Some of the changes are designed to improve convenience and accessibility, while others impose stricter sanctions for dangerous behavior.  Our goal is always to advance the experience of all responsible drivers and others who use our roads.”
 
The following are noteworthy changes to Maine law that will affect drivers; for additional information please refer to Title 29-A, Motor Vehicle laws, 2013-2014 Edition:
 

• A driver who is cited for texting while driving will receive a $250 minimum fine for a first time violation and a $500 fine on a second or subsequent offense within three years. In addition, texting violations will now include a 30-day license suspension on a second offense; a 60-day suspension on a third offense; and a 90-day suspension on a fourth or subsequent violation.  These suspension periods are mandatory, without a right to a hearing. 
• The minimum practice time for a driver under the age of 21 who applies for a learner’s permit on or after October 9, 2013, has increased from 35 to 70 hours, including an increase in night driving from five to 10 hours.  Drivers completing their practice time must be accompanied by a parent, guardian or licensed driver at least 20 years of age.  Additionally, while the permit exam is administered by the driving school prior to program completion, the law now requires all learners’ permits to be issued only by the Secretary of State.
• Previously, active duty military personnel had 30 days to obtain a non-military identification card or license after discharge from service; they will now have up to 180 days. 
• Bicyclists are now part of the definition of “traffic” and a collision between a motor vehicle and a bicyclist or roller skier is prima facie evidence that the motorist violated the three foot law.
• Police officers as well as the BMV may now accept proof of current insurance in electronic form. 
• An officer may, at his or her discretion, issue a permit to travel directly home or to the BMV if a driver is found to be operating illegally on an expired license. 
• The suspension period for an Operating Under the Influence (OUI) offender with three or more previous offenses within 10 years has been increased from six years to eight years.
• The license of a person with four or more OUI offense may be eligible for early reinstatement after serving four years of the suspension period if an approved ignition interlock device (IID) is installed for a period of four years.

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Bill Requests For The Second Regular Session

I received no constituent requests for bills for the upcoming session, so I have submitted one bill title for the Second Regular Session of the 126th Legislature:

An Act to End Hunger, Protect Small Farms and Homesteads, and Promote Food Self-Sufficiency for the People of the State

Ending hunger for our people with food grown, caught, trapped, hunted, processed and produced in Maine remains my passion. There is simply no excuse for anyone -- especially children and seniors -- to go without nutrient-dense food for a single day.

We must come together, all hands on deck, to end hunger in Maine no later than 2024.

For a complete list of titles by sponsor, please click here.