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Protecting Our Working Waterfront...Where We Go From Here
Question 7 and the subsequent vote only allowed us to change the constitution. It did not create a law to give working waterfront special tax consideration. Prior to the November vote the Legislature did not have the authority to make such a law because the constitution did not allow for it. Enacting such a measure without constitutional approval would have been ruled unconstitutional. Now that that we have voted to change the constitution, we can enact a law that will protect working waterfront properties, as a result, I have introduced LR 3027, “An Act to Protect Working Waterfronts.” I submitted my bill the day after the November vote. Unfortunately cloture day, the last day legislators may submit new bills, was in October. Therefore, I had to petition the Legislative Council, and they voted unanimously to allow my bill into this session of the 122nd Legislature. Let me recap what has happened so far. First, after much discussion and debate, a bill was presented to have the Working Waterfront question (now known as Question 7) put on the referendum ballot for voter consideration last November. This took a two-thirds vote of the Legislature. In order to get a two-thirds vote, members of both parties had to vote to support the bill. The vote by the Legislature to send the question to referendum was unanimous. Next, the voters needed to pass Question 7 by a simple majority vote, 50% plus one. Voters agreed by a margin greater than two-thirds that this was a good idea and one they supported. Finally, a bill must be presented to the Legislature containing the details that would provide the protection for Working Waterfront properties that are needed to allow those properties to continue to support the commercial fishing industry. I have submitted that bill title and it is currently in the process of being written. So, Where Do We Go From Here? The bill will be referred to a committee. In all likelihood that will be the Joint Standing Committee on Taxation. The Committee will schedule a day when they will hear public testimony on the bill. It is then that I expect interested parties will come to make their feelings known on the issue. It is critical that fishermen are among those voices heard at the hearing. It is critical that wharf owners are heard. I hope other waterfront businesses that support commercial fishing stand up and be heard. I hope citizens come who are not any of the above, but recognize how important our fishing industry and heritage are to Maine. And I hope municipal officials come to speak as well. All their testimony and opinions are important and will be considered by the Taxation Committee members as they continue to deliberate the bill. I expect some concerns will be determining the various definitions in the bill. For example, what is “working waterfront?” What constitutes “commercial fisheries?” What is a “marine organism?” Additionally, there will likely be concern over tax shifting. If working waterfronts receive a more favorable property tax consideration where will the lost revenue come from? Who will have to pay more tax because working waterfront is paying less? Will there be penalties imposed if property once classified as working waterfront comes out of that protected status? All of these questions, and more, will be asked at the hearing and ultimately the bill will provide, as best it can, the answers. After hearing testimony the Committee will schedule a work session during which they will not take additional public testimony. But they will discuss publicly the bill, and the Committee may ask additional questions or request additional information. On that day or later, depending on the committee schedule, they will vote the bill out of committee with either a vote; “Ought to Pass”, “Ought Not to Pass”, “Ought to Pass as Amended” or as a “Divided Report.” Once out of committee the bill will go before the full legislature where it will be further debated and where it will be voted twice more in both the House and the Senate. Assuming the bill is voted favorably by both chambers it will then go to the Governor for his signature and become law. If it has an emergency preamble it will become law immediately upon the Governor’s signature. Otherwise it will become law ninety days following the Legislature’s adjournment. The process can seem excruciatingly slow. It is designed to be. My father used to advise me often when I was growing up, when I would have a tendency to be three-quarters fierce and one-quarter smart, “Dennis when you’re in a hurry, go slow.” I hear his words and his wisdom often and I appreciate them more and more everyday. The entire process is intended to demand careful thought and extensive deliberation. It is structured so that everybody who wishes to have a say will have one. Everybody who has an opinion or something to consider is allowed to have their ideas heard. And every elected legislator will have his or her vote counted. It is designed that way so that some group of legislators won’t be able to get together in secret in some backroom out of the public view and hatch a bunch of new laws that will then be foisted on the people. I know there are some who think the process is too slow and a waste of time. I hear people say, “That legislature needs to be run more like a business!” I hear that and I know they are frustrated, but I don’t want a business that by its very nature has its own self interest at the top of its list to be deciding how I and the rest of the people of Maine must act. I want my laws to be made by people who are forced to consider all aspects and consequences of any new law and who must vote based on those considerations. Protecting the Working Waterfront is too important now and for the future of Maine’s commercial fishing industry to be treated casually or hastily. |
