Legislative and Policy UpdatesState Coordinating Council

June 23rd, 2011

MPHA General Public Health Agenda

Obesity Prevention

Tobacco Control

Fund for a Healthy Maine

MPHA’s support or opposition to policy initiatives are always evidence-based.

MPHA takes our capacity into consideration when developing our Legislative agenda and does not duplicate the efforts of others.

Most of our financial resources this session were in the areas of tobacco, obesity and protecting the FHM.

Committee members were able to weigh in on many other public health initiatives.

LD 64, An Act To Make a Violation of the Laws Governing Seat Belts a Secondary Offense—Dead Sponsored by Sen. Collins (R-York) Would have rolled back seatbelt protections

LD 300, An Act To Increase the Availability of Lead Testing for Children—Passed Sponsored by Sen. Craven (D-Lewiston) This bill allows a health care provider, Head Start facility or

health care facility or clinic that dispenses WIC benefits approved by the Department of Health and Human Services to perform in-office blood lead analyses under the Lead Poisoning Control Act.

LD 31, An Act To Protect the Safety of Maine Children by Requiring the Express Consent of a Legal Guardian To Dispense Prescription Medication to a Minor—DEAD Sponsored by Rep. Cebra (R-Naples)

LD 116, An Act To Require a 24-hour Waiting Period prior to an Abortion—DEAD Sponsored by Rep. Clark (R-Easton)

LD 924, An Act To Educate Women on the Medical Risks Associated with Abortion—DEAD Sponsored by Rep. Espling (R-New Gloucester)

LD 412, Resolve, Regarding Legislative Review of Portions of Chapter 882: Designation of Bisphenol A as a Priority Chemical and Regulation of Bisphenol A in Children's Products, a Major Substantive Rule of the Department of Environmental Protection—Passed without signature Sponsor, Rep. Hamper (R-Oxford) Accepts major substantive rules

LD 1248, An Act To Require Approval by the Voters of Legislation To Enact or Increase a Tax or Fee—DEAD

Sponsor, Sen. Thibodeau (R- Waldo)

LD 1280, An Act to Establish a Pilot Physical Education Project in Four Maine Schools—passed without funding Sponsored by Rep. Rochelo (D-Biddeford) Pilot program to implement strategies for schools to meet

national recommendations for PE minutes and PA within the school day.

Fitness surveillance system would be established whereby data is passed from schools to the state.

LD 971, An Act to Improve the Health of Maine Students—DEAD Sponsored by Rep. Cornell du Houx (D-Brunswick) 20 minutes of daily physical activity for all students in grades

1 to 8.

LD 505, An Act to Align State Standards Pertaining to Food and Beverages outside of the School Lunch Program to Federal Standards—Passed as Amended Sponsored by Rep. Flood (R-Winthrop) Align with Federal Standards. Exemption for culinary arts

programs. Amended as we requested.

LD 813, An Act to Require Every School Administrative Unit to Have a Food Service Director—DEAD Sponsored by Rep. Rankin (D-Hiram) A food service director may be hired by >1 SAU. Meet

applicable qualifications of HHFKA 2010.

LD 936, An Act to Conform Maine Menu Labeling Laws to Federal Standards—Carried Over Sponsored by Rep. Strang Burgess (R-Cumberland) Follow FDA menu labeling rules from ACA. Rules not finalized yet so AG recommended carry over.

LD 1446, An Act to Establish the Maine Farm and Fish Program—Passed without signature Sponsored by Rep. McCabe (D-Skowhegan) Became a resolve to have AG, MR and ED work with non-

profits on 2 pilot programs.

LD 216, Resolve, To Prohibit Smokers from Receiving MaineCare Benefits—Passed as amended

Sponsor Sen. Saviello (R-Franklin) Would have eliminated Medicaid eligibility for smokers. Rep. Saviello agreed to revise bill to support the continued

partnership between MaineCare and the ME CDC in addressing tobacco use among MaineCare members.

LD 481, An Act To Make the Cashier or Clerk Who Sells Alcoholic Beverages or Tobacco to an Underage Person Responsible for Paying the Fine—DEAD Sponsor Rep. Ayotte (R-Caswell) Would place liability for underage sales of tobacco and alcohol

to minors on the employee, and take liability away from the retailer

LD 406 replaced by LD 1505, An Act To Clarify the Scope of Practice of Licensed Alcohol and Drug Counselors Regarding Tobacco Use—Passed as Emergency Measure Sponsored by Rep. Cain (D-Orono) Allow licensed addiction counselors to provide tobacco

treatment counseling.

LD 589, An Act To Increase the Legal Age To Purchase, Use or Sell Tobacco Products—DEAD Sponsored by Rep. Les Fossel (R-Alna) Proposed to increase the age to purchase, use and sell

tobacco products to 21.

LD 1230, An Act To Prohibit Smoking in Private Clubs Except in Separate Enclosed Areas—DEAD Sponsored by Rep. Blodgett (D-Augusta) Seeks to amend rules related to smoking in private clubs,

requiring that clubs prohibited smoking in the facility unless confined to designated indoor spaces or outdoor spaces.

LD 1067, An Act To Improve Awareness of Smoking Policies in Maine Rental Housing and Condominiums—Passed Sponsored by Rep. Sanborn (D-Gorham) Amended version weaker, but still requires landlords to

disclose whether smoking is permitted or not.

LD 1119, An Act To Amend the Laws Governing the Sale of Certain Tobacco Products—DEAD Sponsored by Rep. Strang Burgess (R-Cumberland) Amends law banning the sale of certain flavored tobacco

products to include flavored cigar wraps and papers.

LD 536, An Act To Help Deter Youth Smoking and To Help Smokers Quit—DEAD Sponsored by Rep. Elsie Flemings (D-Bar Harbor) Increases the cigarette tax by $1.50 to $3.50

LD 1226, An Act To Prevent and Treat Cancer in Maine by Implementing Critical Portions of the Comprehensive Cancer Program—DEAD Sponsored by Rep. Strang Burgess (R-Cumberland) Equalized tax on ALL other tobacco products with tax on

cigarettes. Uses $4.5 mil over the biennium to fund portions of the State

Cancer Plan.

LD 1558, Resolve, To Study Allocations of the Fund for a Healthy Maine—Passed as amended, still in progress Sponsored by Rep. Strang Burgess Creates a legislative commission to determine if FHM meets

current public health needs and to set up a review process.

LD 1224, An Act To Fund the Screening and Early Detection Elements of the Statewide Cancer Plan—on Appropriations Table Sponsored by Rep. Strang Burgess Passed as amended, stripping the FHM as the funding source

but will most likely die as a result of $2 million General Fund fiscal impact.

LD 1043, “The Budget”

The Governor’s original proposed biennial budget recommended cuts totaling 33.7% of the programmatic budget on top of expected reductions due to decrease in MSA payments.◦ -Proposed elimination of oral health, substance abuse, family planning

The Governor’s budget proposal also included an amendment to the FHM statutory language , removing the provision that FHM funds be used to “supplement, not supplant” General Fund expenditures. However, he eliminated this provision in his change package.

Some of the program cuts were restored with non-FHM $$ in the Governor’s change package.

After an intensive education and lobbying effort by the Friends of the Fund for a Healthy Maine, led by MPHA staff, the Legislature voted not to accept these cuts.

The Biennial budget now includes only a 2.4% cut to FHM programs and a 12.2% cut to the Fund overall.

Continued advocacy needed due to 10% now being funded through other sources.

◦MPHA Policy: www.mainepublichealth.org/policy.php

◦Tobacco: www.mainepublichealth.org/tobacco.php

◦Obesity: www.mainepublichealth.org/obesity.php

◦Fund for a Healthy Maine materials available at www.slideshare.net/hppofme

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