Maine Public Health Association September 2012 11 Parkwood Drive Augusta, Maine 04330 Report of the 125th Maine Legislature A Letter from the Board President and Executive Director Dear members and friends of the Maine Public Health Association, On behalf of the board of directors and staff of MPHA, it is my pleasure to present to you our first public health legislative report. As a state-wide organization that supports best-practice, evidence- based policy work, we advocate for practice and policy that improves and sustains the health and well-being of all Maine residents. This report documents MPHA priority bills, their final disposition and whether that vote is consistent with MPHA’s official position on the bill. The 125th legislative session represents the most challenging session in history for public health interests, resulting in limited advancement in our field related to legislative policy. In an era where science is readily available and policy implementation holds the key to our largest public health problems and related costs, we were truly challenged to understand policy priorities that do not support legislative initiatives to decrease death, disease and financial burden to our socie- ty. We look forward to a time when public health and prevention is not a bi-partisan issue but one unanimously supported by all legislators as the right choice for Maine citizens. Despite the tough climate in Augusta, there were some successes in the 125th and many strong advocates exist in our Statehouse. We want thank each of our many members, partners and legis- Inside this issue lators who helped us achieve our goals. Each bill has a story and we have included a few of those in this report. Please use this report to evaluate how your representatives and senators have Increasing Physical Activity in weighed-in on important public health measures this past session. Schools .................................... 2 MPHA will continue to be your partner and your advocate into the 126th legislative session. We Funding the State Cancer Plan hope you will join us as we work harder than ever to advance public health protections in 2013. ................................................ 2 Lisa Harvey-McPherson, RN, MBA, MPPM Tina Pettingill, MPH, CPC Protecting Tenants from Board President Executive Director Involuntary Exposure to Secondhand Smoke ................. 2 Keeping Kids from Smoking ..... 3 About Us Protecting Children from Toxic The Maine Public Health Association is dedicated to Denise Bisaillon, Ed.D. Exposure .................................. 3 improving and sustaining the health and well-being of all Vice-President Maine residents by advocating for polices and environ- LD 64: A Lesson in Successful Ad- ments that promote public health and health equity. Our Anita Ruff, MPH, MCHES diverse membership has a common interest in protecting Treasurer vocacy .................................... 4 and advancing the health of Maine people through advocacy, education, research, and service. Mark Griswold, M.Sc. Evaluating the Fund for a Healthy Secretary Maine ...................................... 4 Staff Kala Ladenheim, PhD, MSPH Impact of Budget Cuts on the Tina Pettingill, MPH, CPC Affiliate Representative to the Governing Council of APHA Executive Director Fund for a Healthy Maine ........ 5 Edmund Claxton, Jr., MD Becky Smith Physical Advisor Legislative Report Chief Policy Officer Jamie Comstock Diane Campbell Kathleen Cullinen, PhD, RD, LD The insert to this issue contains a Bill Flagg Administrative Assistant Kevin Lewis, MPA roll-call report from the 125th Emily Rines, MPH, CHES Legislature on Maine Public Health Board of Directors Cheryl Tucker Association priority bills. Bethany Sanborn, MPH, MCHES Angela Westhoff, MA Past President Dennise Whitley, MHA Stephen D. Sears MD, MPH Lisa Harvey-McPherson, RN, MBA, MPPM Kate Yerxa, RD President Obesity Prevention Increasing Physical Activity in Schools Legislation It is a well-documented fact that childhood would be best for Maine students and obesity is a major public health problem in schools. Rep. Rochelo worked tirelessly with Maine and in the rest of the MPHA to educate the Educa- LD 505, An Act To Align State country. We also know that tion Committee on childhood Standards Pertaining to Food and schools play an important obesity and bring awareness Beverages outside of the School role in combating this prob- to the lack of PE time in Lunch Program to Federal Stand- lem. Maine schools. ards MPHA Position: Supported MPHA, with the assistance Due to her work, LD 1280 was Final Disposition: Public Law of Rep. Megan Rochelo (D- one of the only bills to pass 2011, c. 224 Biddeford), searched for the Education Committee (13- creative ways for schools to 0) with a fiscal note. Ulti- LD 813, An Act To Require Every increase the amount of PE in schools with- mately, the bill was not funded, but a place- School Administrative Unit To out major added costs. From this partner- holder fund was created in case funding Have a Food Service Director ship came LD 1280, An Act To Establish a becomes available. MPHA Position: Supported Pilot Physical Education Project in Four Final Disposition: Dead Maine Schools, a bill that proposed a pilot Final Disposition: Public Law 2011, c. 108 program be established in four different LD 860, An Act To Reduce Student types of schools in order to evaluate what Hunger MPHA Position: Supported Final Disposition: Public Law 2011, c. 379 Funding the State Cancer Plan LD 936, An Act To Conform Maine Menu Labeling Laws to Federal If at first you don’t succeed, try, try again. That Maine’s Cancer Plan. Rep. Strang Burgess Standards may well be Rep. Meredith Strang Burgess’ proposed raising the tax on non-cigarette to- MPHA Position: Supported motto. Whether in her own battle against bacco products so that it equaled the tax on amended version breast cancer, or trying to help others with cigarettes in order to fund a portion of the Final Disposition: Dead cancer, she is persistent. Rep. Strang Burgess Cancer Plan. Initially met with support, the bill (R-Cumberland) knows that kids are enticed by succumbed to misinformation from the tobac- LD 971, An Act To Improve the cheap and flavorful chewing tobacco, roll-your- co industry during its final work session. De- Health of Maine Students own tobacco, and “little cigars.” She also spite efforts by MPHA to correct these miscon- MPHA Position: Supported knows that Maine desperately needs more ceptions, the Taxation Committee filed a major- Final Disposition: Dead funding for cancer prevention and treatment. ity ‘ought not to pass’ report. With LD 1226, An Act To Prevent and Treat LD 1280 An Act to Establish a Pilot Thank you, Rep. Strang Burgess, for all your Cancer in Maine by Implementing Critical Physical Education Project in Four efforts. Maine Schools Portions of the Comprehensive Cancer Pro- MPHA Position: Supported gram, she combined her two goals: keeping Final Disposition: Dead Final Disposition: Public Law tobacco out of the hands of kids, and funding 2011, c. 108 LD 1446 An Act to Establish the Protecting Tenants from Involuntary Exposure Maine Farm and Fish to School Program to Secondhand Smoke MPHA Position: Supported Final Disposition: Resolve 2011, Great policy change often begins with the part- sponsored LD 1067, An Act To Improve Aware- c. 91 nership of a constituent, an advocacy group, ness of Smoking Policies in Maine Rental and a thoughtful and caring legislator. When a Housing, a simple but powerful bill that re- tenant with asthma who was struggling to quires landlords to disclose whether or not breathe in her new apartment called the smoking is allowed on the premises. Smoke-Free Housing Coalition of Maine they Although the Committee on Veterans and Legal connected her with her representative, Dr. Affairs weakened the original bill, it still does Linda Sanborn (D-Gorham). the job. MPHA believes this new law will have The constituent had moved into an apartment a significant impact on awareness of smoke- building that she assumed was smoke-free; it free housing by tenants and landlords, and wasn’t. She felt that the lease should have increase the availability of smoke-free rental stated that smoking was allowed. If it had, she housing throughout the state. never would have moved in. Rep. Sanborn and Final Disposition: Public Law 2011, c. 199 members of MPHA got to work. Rep. Sanborn 2 Keeping Kids from Smoking Tobacco Control and LD 536, An Act To Help Deter Youth In committee, the bill received a vote Prevention Legislation Smoking and To Help Smokers Quit, of 7-6 ‘ought not to pass.’ The minori- would have increased the cigarette tax ty report contained an amendment by $1.50, from $2.00 to $3.50 per that would allocate the additional LD 481, An Act To Make the Cash- pack. This was one of MPHA’s priority revenue to three sources: the Fund for ier or Clerk Who Sells Alcoholic bills this session, and great effort went a Healthy Maine for the purpose of Beverages or Tobacco to an Un- into the campaign to pass the legisla- funding the Maine Tobacco Helpline, derage Person Responsible for tion despite a difficult political and the Tax Relief Fund for Maine Resi- Paying the Fine economic climate for taxes. The pro- dents, and MaineCare nursing facility MPHA Position: Opposed posed tax increase was estimated to services. Final Disposition: Dead generate $35 million in additional state revenue in the first year, prevent Despite positive support for the bill in LD 536, An Act To Help Deter more than 13,000 kids from becoming committee, and the hard work of Youth Smoking and To Help Smok- smokers; save $295 million in long- sponsor Rep. Elsie Flemings, (D-Bar ers Quit term healthcare costs; prevent 6,000 Harbor), the bill died on the floor with lost lives; and motivate nearly 7,000 motions to adopt the majority ‘ought MPHA Position: Supported adult smokers to quit.