On Aug. 9, non-emergency bills that passed the Maine State Legislature and received the governor’s signature, including two of mine, took effect – 90 days after my colleagues and I adjourned in May. Looking back, for the 131st Maine State Legislature, spanning 2023 to 2024, I introduced – or sponsored – 18 bills in total. Some of the bills were technical: I sponsored them because I am the Senate chair for the Health Coverage, Insurance, and Financial Services Committee, so the department contacted me and asked me to work with them. Some bills came from constituents, and some bills I thought of, drawing on my experiences as a former probate court judge and a practicing attorney. Overall, these bills seek to expand access to justice, implement the Maine Indian Child Welfare Act, protect minors from exploitation, support survivors of abuse or violence, and update Maine’s banking and financial systems.

Starting with access to justice, I introduced a bill to require the Probate Court to report by electronic means all name changes to the Department of Public Safety, the Bureau of State Police, and the State Bureau of Identification. It was emergency-enacted on March 25, so it has been law for several months already. This law ensures that people are properly identified and called by their names. Next, I sponsored a bill to ensure access by parties and attorneys to records in child and adult protection proceedings. It requires the Department of Health and Human Services to disclose information in the records in these proceedings.

Another bill that I sponsored limits the immunity of charitable organizations. This law closes a legal loophole used by some to avoid being held responsible for perpetrating sexual abuse on minors. Similarly, when I heard from a constituent who was struggling to seek justice for a violation of privacy against a minor, I worked with them to strengthen the penalties for criminals. It will protect young Mainers in the future. I also introduced a bill to improve family team meetings in child welfare cases to ensure better outcomes for children, but the governor held the bill. It will not become law, and I hope to try again in the next legislative session – should I return to the Legislature.

In regards to survivors of abuse or violence, I sponsored a bill to require the proper storage of forensic exam evidence. It changes the number of years that a law enforcement agency is required to store forensic examination kits involving sexual assault from 12 years to 20 years. I also introduced a bill to amend the law governing certain sexual offenses. The law defines the term “consent” in the Maine Criminal Codes concerning sexual assault crimes to mean “a word or action by a person that indicates a freely given agreement.” It also changes the terms “expressly or impliedly acquiesced” to “consented” in criminal offenses of gross sexual assault, unlawful sexual contact, and unlawful sexual touching. This was a long overdue definition update that will better help survivors access resources – and justice.

Finally, after the federal Indian Child Welfare Act was challenged in the courts, I introduced Maine’s Indian Child Welfare Act. It establishes procedures and standards for cases concerning custody proceedings, foster care placements, termination of parental rights, and adoptions involving Indian children. I was pleased that this bill received strong bipartisan support: It moved through the Judiciary Committee quickly and passed both chambers with unanimous support. It was emergency-enacted in June 2023. Although the federal law was upheld, there’s no guarantee that it won’t be challenged again. Now we have this legal protection in Maine, no matter what the courts say.

You can view all of the bills and laws at legislature.maine.gov/bills-and-enacted-law-summaries-2023-131st-legislature. If you have any questions about these bills, please feel free to reach out. You may email me at Donna.Bailey@legislature.maine.gov or call my Senate office at (207) 287-1515. In addition to answering your questions, I’d also be happy to discuss your thoughts on future bills. If I return to the Maine State Legislature, then I can continue to work for you.