Democrats Keep “Concept Drafts” Alive After Republican Leaders Raise Concerns Over Lack of Transparency

by Steve Robinson | Jan 6, 2025

The Democratic majority on the Legislative Council voted Monday to preserve the controversial practice of “concept drafts,” brushing aside Republican leaders’ efforts to boost transparency in Maine’s legislative process.

In a party-line vote, the Council rejected a Republican proposal to ban the placeholder bills, which critics say allow lawmakers to sidestep scrutiny and introduce sweeping changes to state law with minimal public input.

Republican leaders Sen. Trey Stewart (R-Aroostook) and Rep. Billy Bob Faulkingham (R-Winter Harbor) have argued that concept drafts erode public trust and shield lawmakers from accountability.

Concept drafts, often little more than vague titles such as “An Act Related to Water,” serve as placeholders that lawmakers can later amend with substantive language. The substance of the bill can be tagged onto the placeholder legislation just prior to a public hearing, which provides almost no time for voters, activists, and lobbyists to read the bill and offer testimony.

According to critics like Sen. Rick Bennett (R-Oxford), this process enables legislators to introduce major policy changes with little notice, making it nearly impossible for citizen activists or even professional lobbyists to respond effectively.

“The public has no idea what the contents of a concept draft may be until the sponsor presents the final text, often on the same day as the public hearing,” Bennett has said. “It undermines the very purpose of public hearings.”

The use of concept drafts has grown in recent years, with over 200 introduced in the current session alone. Supporters of reform, including Bennett, have linked the practice to legislative deadlines, or “cloture,” which require bills to be filed shortly after elections, often before lawmakers have fully developed their proposals.

Republican lawmakers have long pushed to end the use of concept drafts or at least require their full text to be made public well in advance of hearings. Some proposals have called for doubling the number of hearings on such bills or providing a minimum of two weeks for public review before any legislative action.

The Legislative Council serves as the administrative body for the state’s legislative branch, overseeing the operations, budget, and staff of the Maine Legislature.

Because it is comprised of ten members drawn from legislative leadership—five from the Senate and five from the House–the council is currently controlled by a 6-4 Democratic majority. The Council manages nonpartisan staff services, coordinates legislative facilities, plans operational improvements to support the effective functioning of the Legislature, and, as was the case Monday, determines the rules for introducing legislation.

House Speaker Ryan Fecteau (D-Biddeford) is the current Chair of the Legislative Council, while Senate President Mattie Daughtry (D-Cumberland) serves as the current Vice-Chair.

Sen. Teresa S. Pierce (D-Lewiston), the Senate Majority Leader, Sen. Jill Duson (D-Cumberland), the Senate Assistant Majority Leader, Rep. Matt Moonen (D-Portland), the House Majority Leader, and House Assistant Majority Leader Rep. Lori Gramlich (D-Old Orchard Beach) round out the Democratic majority on the council.

In addition to Stewart and Faulkingham, the Maine GOP is represented on the Legislative Council by Senate Assistant Minority Leader Sen. Matt Harrington (R-York) and House Assistant Minority Leader Rep. Katrina Smith (R-Palermo).

Steve Robinson is the Editor-in-Chief of The Maine Wire. ‪He can be reached by email at [email protected].

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