Table of Contents

House Calendar
SENATE PAPERS
COMMUNICATIONS
PETITIONS, BILLS AND RESOLVES REQUIRING REFERENCE
Reference
Reference Joint Select Committee
SPECIAL SENTIMENT CALENDAR
Recognizing:
In Memory of:
REPORTS OF COMMITTEE
Divided Report
CONSENT CALENDAR
First Day
Second Day
ENACTORS
Regular
Acts
Resolves
ORDERS OF THE DAY
UNFINISHED BUSINESS
NOTICE
SUPPLEMENT NO. 1
SENATE PAPERS
SUPPLEMENT NO. 2
SENATE PAPERS
SUPPLEMENT NO. 3
SENATE PAPERS
SUPPLEMENT NO. 4
CONSENT CALENDAR
First Day
SUPPLEMENT NO. 6
CONSENT CALENDAR
First Day

 


Graphic of Maine State Seal

The House Calendar

The Advance Journal and Calendar of the House of Representatives

ONE HUNDRED AND TWENTY-SIXTH MAINE LEGISLATURE
FIRST REGULAR SESSION


27th Legislative Day

Tuesday, April 2, 2013

 

            Calling of the House to Order by the Speaker.

 

            Prayer by Reverend Scott Wilson, Rangeley Free Baptist Church.

 

            National Anthem by Stephanie Bellwood, Rumford.

 

            Pledge of Allegiance.

 

            Doctor of the day, David Andrews, M.D., Falmouth.

 

            Reading of the Journal of Thursday, March 28, 2013.

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SENATE PAPERS

 

            (1-1)  Bill "An Act Regarding Cyberbullying"

(S.P. 427)  (L.D. 1233)

 

            Committee on EDUCATION AND CULTURAL AFFAIRS suggested and ordered printed.

 

 

            Comes from the Senate, REFERRED to the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY and ordered printed.

 

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Non-Concurrent Matter

 

            (1-2)  Bill "An Act Related to Appeals of Disciplinary Proceedings Affecting County Employees"

(H.P. 803)  (L.D. 1138)

 

            REFERRED to the Committee on STATE AND LOCAL GOVERNMENT in the House on March 21, 2013.

 

            Comes from the Senate REFERRED to the Committee on LABOR, COMMERCE, RESEARCH AND ECONOMIC DEVELOPMENT in NON-CONCURRENCE.

 

 

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COMMUNICATIONS

 

 


 

 

            (2-1)  The Following Communication: (H.P. 927)

 

TOWN OF BAR HARBOR

TOWN CLERK'S OFFICE

93 COTTAGE STREET, SUITE 1

BAR HARBOR, MAINE  04609-1400

 

Resolution

By The Bar Harbor Town Council

Support LD 401 - An Act to Provide Local Sales Tax Increment

Disbursements

 

Whereas, An Act to Provide Local Sales Tax Increment Disbursements encourages local economic development and provides increased State support for those communities that contribute to the State's economic growth,

 

Therefore, be it resolved that, by unanimous vote, the Bar Harbor Town Council urges the Legislature to pass LD 401, and requests the Town Clerk to send a copy of this resolution to the full Legislature.

 

Given under our hands and seal this twenty-sixth day of March 2013.

 

Municipal Officers of the Town of Bar Harbor

 

S/Ruth A. Eveland, Chair

S/Robert E. Garland, Vice-Chair

S/David Bowden

S/Gary Friedmann

S/Paul A. Paradis

S/Peter St. Germain

S/Christopher Walsh

 

 

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            (2-2)  The Following Communication: (H.P. 932)

 

GRAY TOWN COUNCIL

RESOLUTION

 

WHEREAS, the Governor's biennial State budget proposal places municipalities in an uncertain fiscal situation as they plan their budgets; and

 

WHEREAS, the proposal includes elimination of $283 million in municipal revenue sharing and falls $200 million short of funding local schools at the 55% level passed in referendum; would eliminate the Homestead Exemption for anyone under the age of 65; would eliminate the "circuit breaker" property tax and rent relief program for anyone under the age of 65; would take $8 million in truck excise revenue from towns; would shift responsibility for funding half of teacher retirement from the State to the municipalities; and would create a corporate tax exemption for large amounts of currently taxable property; all resulting in significant losses of revenue for the Town of Gray; and

 

WHEREAS, the only major means of raising municipal revenue is property taxes, all of the above reductions in the State budget would, through a tax shift, cause an increase for the costs of current municipal services to the Town of Gray; now, therefore,

 

BE IT RESOLVED, the Gray Town Council calls upon the Maine Legislature to reject these proposals, identify cost savings and improved efficiencies in state government, and raise revenue in an equitable fashion to avoid this added revenue burden on the property tax payers of our Town.

 

IN WITNESS WHEREOF, the Inhabitants of the Town of Gray have caused this instrument to be signed by its municipal officers, Matthew Sturgis, Richard Barter, Matthew Doughty, Lynn Gallagher, and Lewis Mancini, this 19th day of March, 2013.

 

By:

S/Matthew Sturgis, Chairman, Gray Town Council

S/Richard Barter, Gray Town Council

S/Matthew Doughty, Gray Town Council

S/Lynn Gallagher, Gray Town Council

S/Lewis Mancini, Gray Town Council

 

 

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            (2-3)  The Following Communication: (H.P. 935)

 

Cumberland County Superintendents Association

York County Superintendents Association

 

March 25, 2013

 

Dear Legislators,

 

Please be advised that Governor Paul LePage's budget proposals to address the State's financial challenges would have a critical impact on the public school districts of Cumberland and York counties.  This is the sixth consecutive year that public school districts have had to make incredibly difficult decisions with respect to reducing expenditures while trying to protect the classroom, the heart and soul of teaching and learning.

 

As you may imagine, that challenge has been made exponentially more difficult with each year of the State's continuing budget issues.  Federal funds such as ARRA (American Recovery Reinvestment Act) provided some temporary relief to the public schools during the period 2009-2012.  These funds enabled some districts to avoid the modifications and reductions that they would otherwise have been forced to make in an effort to present annual budgets that would meet the litmus test of reason and responsibility.  Most school districts used ARRA funds wisely and judiciously by not applying them to core programs and human resources, knowing that doing so would have obligated them to increased operational costs once those funds were expended.

 

Throughout the communities of Cumberland and York counties school districts and municipal government have worked diligently to present fiscally responsible budgets, while addressing the various needs of their respective constituencies and meeting their respective responsibilities to the students and to the general citizenry.

 

The development of the FY14 budget for each school district and municipality presents the most significant challenge in recent memory.  The Governor's budget proposal to shift certain responsibilities from the State to the municipalities and the schools threatens the core of essential programs and services provided by them.

 

We most respectfully urge you to work with your legislative colleagues in a bipartisan manner to strenuously oppose the Governor's proposals.  We do not believe these proposals are well reasoned or in the best interest of the people of Maine.  We ask that you seek alternative measures that will address the State's financial challenges without shifting heretofore State financial responsibilities to public education and to our communities.

 

On behalf our Cumberland County and York County colleagues,

 

S/Ted Sharp, President

Cumberland County Superintendents Association

 

S/Frank Sherburne, President

York County Superintendents Association

 

Attest a true and exact copy.

S/Rhonda Warren

Notary Public State of Maine

My Commission Expires

November 1, 2019

 

 

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            (2-4)  The Following Communication: (H.P. 936)

 

RESOLUTION OF THE SOUTHWEST HARBOR SCHOOL COMMITTEE
IN SUPPORT OF FULLY FUNDING MAINE'S PUBLIC SCHOOLS

 

Whereas, public education is integral to the democratic viability and economic future of Maine by directly and indirectly contributing to the intellectual and physical development of the children and young adults of our great state; and

 

Whereas, recognizing the essential need of a strong public school system the voters of Maine in 2004 overwhelmingly approved a referendum requiring the State of Maine to fully fund 55% of the cost of public education; and

 

Whereas, since 2008, the state has short-changed its share of funding for public education by over $500 million in flagrant violation of the letter and spirit of the 2004 referendum; and

 

Whereas, as the state has abandoned its commitment to fund our public schools property owners throughout the state have often been asked to shoulder more of the responsibility for funding our schools, often through increases in local property taxes; and

 

Whereas, the Governor has proposed in his budget moving the funding for our schools backwards by reducing GPA to local school districts by $12.56 million from 2012-13 levels and shifting an additional $14 million in retirement costs from the state to the local school districts for each of the next two years; and

 

Whereas, if the Governor's proposed budget is adopted in its current form, our school district will be forced to take drastic actions to balance their budgets by laying off educators, reducing personnel, cutting programs and services, and asking local middle class families to pay even more in property taxes to make up for the shortfall from the state;

 

Now Therefore, be it resolved that:

 

The Southwest Harbor School Committee calls on the legislators of both parties to fully fund our public schools as expressed by the will of the citizens of Maine in the 2004 referendum by providing the required 55% of the cost of public education in Maine; and

 

The Southwest Harbor School Committee calls upon the legislators of both parties to reject the Governor's proposal to shift pension payments onto local cities and towns; and

 

Therefore be it finally resolved, the Southwest Harbor School Committee calls upon the Maine Legislature to raise additional state revenue in an equitable fashion in order to avoid regressive tax shifts to municipalities.

 

Signed this 13th day of March, 2013.

 

S/Prentice Strong

S/Ingrid Kachmar

S/Eric Henry

S/Erika Lindquist

S/Susan Allen

 

State of Maine

County of Hancock

I, Selena V. Dunbar, a notary public, do certify that on this 28th day of March, 2013, I carefully compared the attached copy of the Resolution of the Southwest Harbor School Committee in Support of Fully Funding Maine's Public Schools with the original.  It is a complete and true copy of the original document.

 

S/Selena V. Dunbar, Notary Public, State of Maine

My Commission Expires 2/23/2018

 

 

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            (2-5)  The Following Communication: (H.P. 937)

 

RESOLUTION OF THE TREMONT SCHOOL COMMITTEE IN SUPPORT
OF FULLY FUNDING MAINE'S PUBLIC SCHOOLS

 

Whereas, public education is integral to the democratic viability and economic future of Maine by directly and indirectly contributing to the intellectual and physical development of the children and young adults of our great state; and

 

Whereas, recognizing the essential need of a strong public school system the voters of Maine in 2004 overwhelmingly approved a referendum requiring the State of Maine to fully fund 55% of the cost of public education; and

 

Whereas, since 2008, the state has short-changed its share of funding for public education by over $500 million in flagrant violation of the letter and spirit of the 2004 referendum; and

 

Whereas, as the state has abandoned its commitment to fund our public schools property owners throughout the state have often been asked to shoulder more of the responsibility for funding our schools, often through increases in local property taxes; and

 

Whereas, the Governor has proposed in his budget moving the funding for our schools backwards by reducing GPA to local school districts by $12.56 million from 2012-13 levels and shifting an additional $14 million in retirement costs from the state to the local school districts for each of the next two years; and

 

Whereas, if the Governor's proposed budget is adopted in its current form, our school district will be forced to take drastic actions to balance their budgets by laying off educators, reducing personnel, cutting programs and services, and asking local middle class families to pay even more in property taxes to make up for the shortfall from the state;

 

Now Therefore, be it resolved that:

 

The Tremont School Committee calls on the legislators of both parties to fully fund our public schools as expressed by the will of the citizens of Maine in the 2004 referendum by providing the required 55% of the cost of public education in Maine; and

 

The Tremont School Committee calls upon the legislators of both parties to reject the Governor's proposal to shift pension payments onto local cities and towns; and

 

Therefore be it finally resolved, the Tremont School Committee calls upon the Maine Legislature to raise additional state revenue in an equitable fashion in order to avoid regressive tax shifts to municipalities.

 

Signed this 14th day of March, 2013.

 

S/Amy A. Murphy

S/Kate McMullin

S/Christina Butler

S/Jennifer Gott

 

State of Maine

County of Hancock

I, Selena V. Dunbar, a notary public, do certify that on this 28th day of March, 2013, I carefully compared the attached copy of the Resolution of the Tremont School Committee in Support of Fully Funding Maine's Public Schools with the original.  It is a complete and true copy of the original document.

 

S/Selena V. Dunbar, Notary Public, State of Maine

My Commission Expires 2/23/2018

 

 

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            (2-6)  The Following Communication: (H.P. 938)

 

RESOLUTION OF THE TRENTON SCHOOL COMMITTEE IN SUPPORT
OF FULLY FUNDING MAINE'S PUBLIC SCHOOLS

 

Whereas, public education is integral to the democratic viability and economic future of Maine by directly and indirectly contributing to the intellectual and physical development of the children and young adults of our great state; and

 

Whereas, recognizing the essential need of a strong public school system the voters of Maine in 2004 overwhelmingly approved a referendum requiring the State of Maine to fully fund 55% of the cost of public education; and

 

Whereas, since 2008, the state has short-changed its share of funding for public education by over $500 million in flagrant violation of the letter and spirit of the 2004 referendum; and

 

Whereas, as the state has abandoned its commitment to fund our public schools property owners throughout the state have often been asked to shoulder more of the responsibility for funding our schools, often through increases in local property taxes; and

 

Whereas, the Governor has proposed in his budget moving the funding for our schools backwards by reducing GPA to local school districts by $12.56 million from 2012-13 levels and shifting an additional $14 million in retirement costs from the state to the local school districts for each of the next two years; and

 

Whereas, if the Governor's proposed budget is adopted in its current form, our school district will be forced to take drastic actions to balance their budgets by laying off educators, reducing personnel, cutting programs and services, and asking local middle class families to pay even more in property taxes to make up for the shortfall from the state;

 

Now Therefore, be it resolved that:

 

The Trenton School Committee calls on the legislators of both parties to fully fund our public schools as expressed by the will of the citizens of Maine in the 2004 referendum by providing the required 55% of the cost of public education in Maine; and

 

The Trenton School Committee calls upon the legislators of both parties to reject the Governor's proposal to shift pension payments onto local cities and towns; and

 

Therefore be it finally resolved, the Trenton School Committee calls upon the Maine Legislature to raise additional state revenue in an equitable fashion in order to avoid regressive tax shifts to municipalities.

 

S/Jennifer Bonilla

S/Judy Sproule

S/Susan Sargent

S/Elizabeth Hudson

 

State of Maine

County of Hancock

I, Selena V. Dunbar, a notary public, do certify that on this 28th day of March, 2013, I carefully compared the attached copy of the Resolution of the Trenton School Committee in Support of Fully Funding Maine's Public Schools with the original.  It is a complete and true copy of the original document.

 

S/Selena V. Dunbar, Notary Public, State of Maine

My Commission Expires 2/23/2018

 

 

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            (2-7)  The Following Communication: (H.P. 939)

 

RESOLUTION OF THE MOUNT DESERT ISLAND REGIONAL SCHOOL SYSTEM IN SUPPORT OF FULLY FUNDING MAINE'S PUBLIC SCHOOLS

 

Whereas, public education is integral to the democratic viability and economic future of Maine by directly and indirectly contributing to the intellectual and physical development of the children and young adults of our great state; and

 

Whereas, recognizing the essential need of a strong public school system the voters of Maine in 2004 overwhelmingly approved a referendum requiring the State of Maine to fully fund 55% of the cost of public education; and

 

Whereas, since 2008, the state has short-changed its share of funding for public education by over $500 million in flagrant violation of the letter and spirit of the 2004 referendum; and

 

Whereas, as the state has abandoned its commitment to fund our public schools property owners throughout the state have often been asked to shoulder more of the responsibility for funding our schools, often through increases in local property taxes; and

 

Whereas, the Governor has proposed in his budget moving the funding for our schools backwards by reducing GPA to local school districts by $12.56 million from 2012-13 levels an shifting an additional $14 million in retirement costs from the state to the local school districts for each of the next two years; and

 

Whereas, if the Governor's proposed budget is adopted in its current form, our school district will be forced to take drastic actions to balance their budgets by laying off educators, reducing personnel, cutting programs and services, and asking local middle class families to pay even more in property taxes to make up for the shortfall from the state;

 

Now Therefore, be it resolved that:

 

The Mount Desert Island Regional School System calls on the legislators of both parties to fully fund our public schools as expressed by the will of the citizens of Maine in the 2004 referendum by providing the required 55% of the cost of public education in Maine; and

 

The Mount Desert Island Regional School System calls upon the legislators of both parties to reject the Governor's proposal to shift pension payments onto local cities and towns; and

 

Therefore be it finally resolved, the Mount Desert Island Regional School System calls upon the Maine Legislature to raise additional state revenue in an equitable fashion in order to avoid regressive tax shifts to municipalities.

 

S/Joseph T. Burton III

S/Susan Allen

S/Caroline Pryor

S/Brian Hubbell

S/Ingrid Kachmar

S/Heather Jones

S/Melisa Rowland

S/Charles Wray

S/Claire Sasner

S/Prentice Strong

S/Erika Linquist

S/Christina Butler

S/Laura Hendricks

 

State of Maine

County of Hancock

I, Selena V. Dunbar, a notary public, do certify that on this 28th day of March, 2013, I carefully compared the attached copy of the Resolution of the Mount Desert Island Regional School System in Support of Fully Funding Maine's Public Schools with the original.  It is a complete and true copy of the original document.

 

S/Selena V. Dunbar, Notary Public, State of Maine

My Commission Expires 2/23/2018

 

 

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            (2-8)  The Following Communication: (H.C. 112)

 

STATE OF MAINE

HOUSE OF REPRESENTATIVES

2 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0002

 

March 27, 2013

 

Honorable Millicent M. MacFarland

Clerk of the House

2 State House Station

Augusta, Maine 04333

 

Dear Clerk MacFarland:

 

Pursuant to my authority under Title 34-A, Chapter 9, §9922 of the Maine Revised Statutes, I have appointed Representative Joshua R. Plante of Berwick to the State Council for Juvenile Supervision.

 

If you have any questions regarding this appointment, please do not hesitate to contact me.

 

Sincerely,

 

S/Rep. Mark Dion, House Chair

Joint Standing Committee on
Criminal Justice and Public Safety

 

 

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            (2-9)  The Following Communication: (H.C. 116)

 

STATE OF MAINE

HOUSE OF REPRESENTATIVES

SPEAKER'S OFFICE

AUGUSTA, MAINE  04333-0002

 

April 1, 2013

 

Honorable Millicent M. MacFarland

Clerk of the House

2 State House Station

Augusta, Maine 04333

 

Dear Clerk MacFarland:

 

Pursuant to my authority under House Rule 201.1 (I) (a) and Joint Rule 371, I have temporarily appointed Representative Jeff M. McCabe of Skowhegan as a member of the Government Oversight Committee for the duration of the absence of Representative Matthew J. Peterson of Rumford effective immediately.

 

Should you have any questions regarding this matter, please do not hesitate to contact me.

 

Sincerely,

 

S/Mark W. Eves

Speaker of the House

 

 

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            (2-10)  The Following Communication: (H.C. 113)

 

STATE OF MAINE

CLERK'S OFFICE

2 STATE HOUSE STATION

AUGUSTA, MAINE 04333-0002

 

April 2, 2013

 

Honorable Mark W. Eves

Speaker of the House

2 State House Station

Augusta, Maine 04333

 

Dear Speaker Eves:

 

Pursuant to Joint Rule 310, the Committee on Energy, Utilities and Technology has approved the request by the sponsor, Representative Dunphy of Embden, to report the following "Leave to Withdraw":

 

L.D. 1242       An Act To Dissolve the Anson Water District

 

Sincerely,

 

S/Millicent M. MacFarland

Clerk of the House

 

 

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            (2-11)  The Following Communication: (H.C. 114)

 

STATE OF MAINE

CLERK'S OFFICE

2 STATE HOUSE STATION

AUGUSTA, MAINE 04333-0002

 

April 2, 2013

 

Honorable Mark W. Eves

Speaker of the House

2 State House Station

Augusta, Maine 04333

 

Dear Speaker Eves:

 

Pursuant to Joint Rule 310, the following Joint Standing Committees and Joint Select Committee have voted unanimously to report the following bills out "Ought Not to Pass:"

 

Criminal Justice and Public Safety

L.D. 382         An Act Regarding the Period of Time for Which an Incarcerated Person Is Eligible To Earn Good Time

 

Education and Cultural Affairs

L.D. 417         An Act To Ensure That All Voters Are Able To Vote in Regional School Unit Budget Elections

L.D. 462         An Act To Dedicate Funds for Emergency Back-up Power for Schools

L.D. 528         An Act To Require Parental Consent for a School To Conduct Mental Health or Behavioral Screening on a Student

L.D. 531         An Act To Allow Students To Audit Classes at University of Maine System Campuses

L.D. 595         An Act To Exempt School Administrative Units That Do Not Directly Serve Children with Disabilities from Certain Reporting Requirements

L.D. 669         An Act Requiring School Administrative Units To Adopt School Volunteer Policies

L.D. 709         An Act To Require Students To Receive Instruction in Cardiopulmonary Resuscitation and the Use of an Automated External Defibrillator prior to Graduation

 

Health and Human Services

L.D. 520         An Act To Protect Maine Consumers from Predatory Medical Pricing

L.D. 539         An Act To Ensure Parity in the Ability To Counsel Patients

 

Insurance and Financial Services

L.D. 580         An Act To Prohibit Denial of Insurance Coverage When a Building Contains a Wood Stove

L.D. 683         An Act To Assist Homeowners with Wood Stoves in Obtaining Property Insurance

 

Maine's Workforce and Economic Future

L.D. 516         An Act To Create the Integrated Manufacturing Program Fund

L.D. 737         An Act To Promote Workforce Development and Training in the Heating, Ventilation, Air Conditioning and Energy Efficiency and Conservation Trades

 

Marine Resources

L.D. 469         An Act To Allow the Commissioner of Marine Resources To Investigate Price Fixing of Lobster  (EMERGENCY)

 

State and Local Government

L.D. 856         RESOLUTION, Proposing an Amendment to the Constitution of Maine To Require State Officers To Be Elected by a Majority of Voters

L.D. 858         An Act To Partially Fund Tax Breaks for the Wealthy by Eliminating Certain Gubernatorial Benefits

 

Taxation

L.D. 762         An Act To Facilitate Collection of Property Taxes on Personal Property

 

Transportation

L.D. 12           Resolve, Directing the Department of Transportation To Add a Reference to the Katahdin Trail to the Sign for the First Newport Exit on Interstate 95 North

L.D. 13           Resolve, Directing the Maine Turnpike Authority To Place Signs Directing Motorists to Berwick Academy

L.D. 363         An Act To Improve Safety on Railroad Rights-of-way

L.D. 404         An Act To Exempt Snowmobile Clubs from Certain Department of Transportation Sign Requirements

L.D. 446         Resolve, Directing the Department of Transportation To Develop a Less Corrosive Road Deicing Strategy

L.D. 571         Resolve, To Require Signs Recognizing the 45th Parallel North in Maine

L.D. 590         Resolve, To Include Questions about Texting on the State's Written Driver's License Examination

L.D. 620         An Act To Expand the Authorized Operation of All-terrain Vehicles on Roads

L.D. 712         Resolve, Directing the Department of Transportation To Place Signs on Interstate 295 Directing Motorists to the Town of Harpswell

L.D. 817         Resolve, To Require That a Sign Directing Motorists To Gould Academy Be Placed on the Maine Turnpike

 

The sponsors and cosponsors have been notified of the Committee's action.

 

Sincerely,

 

S/Millicent M. MacFarland

Clerk of House

 

 

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            (2-12)  The Following Communication: (H.C. 115)

 

STATE OF MAINE

DEPARTMENT OF AUDIT

66 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0066

 

Letter of Transmittal

 

Honorable Justin L. Alfond

President of the Senate

 

Honorable Mark W. Eves

Speaker of the House

 

Honorable Paul R. LePage

Governor of Maine

 

I am pleased to submit the Single Audit of the State of Maine for the fiscal year ended June 30, 2012.  This audit was conducted in accordance with Government Auditing Standards, issued by the Comptroller General of the United States; the requirements of the Single Audit Act Amendments of 1996; and the Office of Management and Budget Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations.  Our audit complies with 5 MRSA §243 and is a prerequisite for the receipt of federal financial assistance, which was $3.2 billion during fiscal year 2012.

 

This document contains the following reports and schedules:

 

•      Independent Auditor's Report

 

•      Basic Financial Statements, Management's Discussion and Analysis, Notes to Financial Statements, and Required Supplementary Information

 

•      Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards

 

•      Independent Auditor's Report on Compliance With Requirements That Could Have a Direct and Material Effect on Each Major Program and on Internal Control Over Compliance in Accordance With OMB Circular A-133

 

•      Schedule of Expenditures of Federal Awards

 

•      Schedule of Findings and Questioned Costs

 

•      Financial Statement Findings

 

•      Indexes to Federal Program Findings

 

•      Federal Findings, Questioned Costs and Corrective Action Plan

 

•      Summary Schedule of Prior Audit Findings

 

On behalf of the Maine Department of Audit, I thank employees throughout Maine government who have assisted us during our audit.  I know that we all work to improve financial reporting and accountability for our citizens and our State.

 

Please contact me if you have questions or comments about the 2012 Single Audit of the State of Maine.

 

Respectfully submitted,

 

S/Pola A. Buckley

State Auditor

 

March 28, 2013

 

 

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            (2-13)  The Following Communication: (S.C. 179)

 

MAINE SENATE

126TH LEGISLATURE

OFFICE OF THE SECRETARY

 

March 28, 2013

 

Honorable Mark W. Eves

Speaker of the House

2 State House Station

Augusta, Maine 04333

 

Dear Speaker Eves:

 

Please be advised that the Senate today accepted the Committee recommendations and the following nominations were denied:

 

Upon the recommendation of the Committee on Agriculture, Conservation and Forestry, the nomination of Honorable Duane R. Lander of Harford's Point for appointment to the Land Use Planning Commission.

 

Upon the recommendation of the Committee on Agriculture, Conservation and Forestry, the nomination of Lloyd K. Trafton of West Forks for appointment to the Land Use Planning Commission.

 

Sincerely,

 

S/Darek M. Grant

Secretary of the Senate

 

 

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PETITIONS, BILLS AND RESOLVES REQUIRING REFERENCE

 

 

            (3-1)  Bill "An Act To Allow Law Enforcement Agencies Access to Animal Licensing Information"

(H.P. 912)  (L.D. 1285)

 

Sponsored by Representative BOLAND of Sanford.

Cosponsored by Senator LACHOWICZ of Kennebec and Representatives: CHENETTE of Saco, HARLOW of Portland, KUMIEGA of Deer Isle, KUSIAK of Fairfield, Senator: GERZOFSKY of Cumberland.

 

            (3-2)  Bill "An Act To Protect Maine Communities by Prohibiting Horse Slaughter for Human Consumption and the Transport of Horses for Slaughter"

(H.P. 913)  (L.D. 1286)

 

Sponsored by Representative KNIGHT of Livermore Falls.

Cosponsored by Representative DICKERSON of Rockland, Senator KATZ of Kennebec and Representatives: CASAVANT of Biddeford, ESPLING of New Gloucester, KENT of Woolwich, MacDONALD of Old Orchard Beach, SIROCKI of Scarborough, VOLK of Scarborough, WEAVER of York, Senator: JACKSON of Aroostook.

 

            (3-3)  Bill "An Act To Deregulate Face-to-face Transactions between the People and Small Farms and Small Food Producers"

(H.P. 914)  (L.D. 1287)

 

Sponsored by Representative HICKMAN of Winthrop.

Cosponsored by Representative LOCKMAN of Amherst, Senator SAVIELLO of Franklin and Representatives: CHAPMAN of Brooksville, EVANGELOS of Friendship, JONES of Freedom, KUMIEGA of Deer Isle, LIBBY of Waterboro, MAREAN of Hollis, TURNER of Burlington, Senator: WHITTEMORE of Somerset.

 

            Committee on AGRICULTURE, CONSERVATION AND FORESTRY suggested and ordered printed.

 

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            (3-4)  Bill "An Act Regarding Impairment of Health of a Correctional Employee Caused by Infectious Disease"

(H.P. 915)  (L.D. 1288)

 

Sponsored by Representative DeCHANT of Bath.

Cosponsored by Representatives: GILBERT of Jay, SHORT of Pittsfield.

 

            Committee on APPROPRIATIONS AND FINANCIAL AFFAIRS suggested and ordered printed.

 

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            (3-5)  Bill "An Act To Create an Animal Abuser Registry"

(H.P. 916)  (L.D. 1289)

 

Sponsored by Representative DICKERSON of Rockland.

Cosponsored by Senator MAZUREK of Knox and Representatives: BEAVERS of South Berwick, HARVELL of Farmington, JORGENSEN of Portland, KNIGHT of Livermore Falls, MASTRACCIO of Sanford, MONAGHAN-DERRIG of Cape Elizabeth, Senator: HILL of York.

 

            (3-6)  Bill "An Act Regarding Computers Used To Commit a Crime or Facilitate the Commission of a Crime"

(H.P. 941)  (L.D. 1316)

 

Sponsored by Representative TYLER of Windham.

Cosponsored by Senator PLUMMER of Cumberland and Representatives: LAJOIE of Lewiston, LONG of Sherman, MARKS of Pittston, PEASE of Morrill, PLANTE of Berwick, Senators: DUTREMBLE of York, GERZOFSKY of Cumberland.

Submitted by the Department of Public Safety pursuant to Joint Rule 204.

 

            Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY suggested and ordered printed.

 

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            (3-7)  Bill "An Act To Require High School Students To Complete Community Service"

(H.P. 917)  (L.D. 1290)

 

Sponsored by Representative CHENETTE of Saco.

Cosponsored by Senator VALENTINO of York and Representatives: BEAUDOIN of Biddeford, BEAVERS of South Berwick, BOLAND of Sanford, FOWLE of Vassalboro, GIDEON of Freeport, GILBERT of Jay, NADEAU of Fort Kent, NADEAU of Winslow, PEASE of Morrill, PLANTE of Berwick, STUCKEY of Portland.

 

            (3-8)  Bill "An Act Regarding the Effect on Collective Bargaining Agreements of Failure To Validate a School Budget"

(H.P. 918)  (L.D. 1291)

 

Sponsored by Representative NEWENDYKE of Litchfield.

Cosponsored by Representatives: CRAFTS of Lisbon, DAVIS of Sangerville, GUERIN of Glenburn, LOCKMAN of Amherst, WALLACE of Dexter.

 

            (3-9)  Bill "An Act To Create the Maine Education Investment Board"

(H.P. 928)  (L.D. 1301)

 

Sponsored by Representative NELSON of Falmouth.

Cosponsored by Senator LANGLEY of Hancock and Representatives: DAUGHTRY of Brunswick, KUSIAK of Fairfield, MacDONALD of Boothbay, RANKIN of Hiram, Senator: JOHNSON of Lincoln.

 

            Committee on EDUCATION AND CULTURAL AFFAIRS suggested and ordered printed.

 

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            (3-10)  Bill "An Act To Create the Presque Isle Utilities District"

(H.P. 920)  (L.D. 1293)

 

Sponsored by Representative WILLETTE of Mapleton.

Cosponsored by Representative SAUCIER of Presque Isle, Senator SHERMAN of Aroostook.

 

            Committee on ENERGY, UTILITIES AND TECHNOLOGY suggested and ordered printed.

 

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            (3-11)  Bill "An Act To Minimize the Use of Plastic Bags"

(H.P. 919)  (L.D. 1292)

 

Sponsored by Representative McGOWAN of York.

Cosponsored by Representatives: BEAVERS of South Berwick, DEVIN of Newcastle and Representatives: CASSIDY of Lubec, EVANGELOS of Friendship, HARLOW of Portland, NOON of Sanford, WELSH of Rockport, Senator: JOHNSON of Lincoln.

 

            (3-12)  Bill "An Act To Amend the Maine Metallic Mineral Mining Act To Protect Water Quality"

(H.P. 929)  (L.D. 1302)

 

Sponsored by Representative McCABE of Skowhegan.

Cosponsored by Senator WOODBURY of Cumberland and Representatives: COTTA of China, DUNPHY of Embden, ESPLING of New Gloucester, MAKER of Calais, MALABY of Hancock, SANDERSON of Chelsea, SHAW of Standish.

 

            Committee on ENVIRONMENT AND NATURAL RESOURCES suggested and ordered printed.

 

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            (3-13)  Bill "An Act To Increase the Penalty for Smoking in a Motor Vehicle When a Child Is Present"

(H.P. 921)  (L.D. 1294)

 

Sponsored by Representative HAMANN of South Portland.

Cosponsored by Representatives: GIDEON of Freeport, STUCKEY of Portland, WILSON of Augusta.

 

            Committee on HEALTH AND HUMAN SERVICES suggested and ordered printed.

 

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            (3-14)  RESOLUTION, Proposing an Amendment to the Constitution of Maine To Establish the Right To Hunt and Fish

(H.P. 930)  (L.D. 1303)

 

Sponsored by Representative FREDETTE of Newport.

Cosponsored by Senator GOODALL of Sagadahoc and Representatives: DAVIS of Sangerville, GUERIN of Glenburn, McCABE of Skowhegan, REED of Carmel, SHORT of Pittsfield, TYLER of Windham, WOOD of Sabattus, Senator: JACKSON of Aroostook.

 

            Committee on INLAND FISHERIES AND WILDLIFE suggested and ordered printed.

 

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            (3-15)  Bill "An Act To Ensure the Safety of Compounded Drugs"

(H.P. 934)  (L.D. 1315)

 

Sponsored by Representative TREAT of Hallowell.

Cosponsored by Senator CRAVEN of Androscoggin and Representatives: FARNSWORTH of Portland, GATTINE of Westbrook, GRAHAM of North Yarmouth, PRINGLE of Windham, SANBORN of Gorham.

 

            Committee on LABOR, COMMERCE, RESEARCH AND ECONOMIC DEVELOPMENT suggested and ordered printed.

 

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            (3-16)  Bill "An Act To Require the Use of Preapproved Subcontractors for Publicly Funded Construction Projects"

(H.P. 922)  (L.D. 1295)

 

Sponsored by Representative DeCHANT of Bath.

Cosponsored by Representatives: GILBERT of Jay, SHORT of Pittsfield.

 

            Committee on STATE AND LOCAL GOVERNMENT suggested and ordered printed.

 

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            (3-17)  Bill "An Act To Provide Funding for Public Education by Increasing the Sales Tax"

(H.P. 924)  (L.D. 1297)

 

Sponsored by Representative CHENETTE of Saco.

Cosponsored by Representatives: GOODE of Bangor, NOON of Sanford, PLANTE of Berwick, RYKERSON of Kittery.

 

            (3-18)  Bill "An Act To Allow a Local Option Tax on Meals and Lodging"

(H.P. 933)  (L.D. 1314)

 

Sponsored by Representative MOONEN of Portland.

 

            Committee on TAXATION suggested and ordered printed.

 

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            (3-19)  Bill "An Act To Require the Secretary of State To Suspend a Person's License in Certain Instances Regardless of whether an Accident Report Has Been Filed"

(H.P. 923)  (L.D. 1296)

 

Sponsored by Representative WILLETTE of Mapleton.

 

            (3-20)  Resolve, Establishing the East-west Highway Study Commission To Oversee Further Study or Planning for an East-west Highway

(H.P. 931)  (L.D. 1304)

 

Sponsored by Representative McCABE of Skowhegan.

Cosponsored by Senator JACKSON of Aroostook and Representative: CAREY of Lewiston.

 

            Committee on TRANSPORTATION suggested and ordered printed.

 

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            (3-21)  Bill "An Act To Authorize the Houlton Band of Maliseet Indians To Operate a Casino in Aroostook County"

(H.P. 925)  (L.D. 1298)

 

Sponsored by Representative BEAR of the Houlton Band of Maliseet Indians.

 

            (3-22)  Bill "An Act Related to Rent Escrow"

(H.P. 940)  (L.D. 1317)

 

Sponsored by Representative SCHNECK of Bangor.  (BY REQUEST)

Cosponsored by Representatives: NADEAU of Winslow, VEROW of Brewer.

 

            (3-23)  Bill "An Act To Authorize a Federally Recognized Indian Tribe in the State To Benefit from the Operation of an Existing Casino"

(H.P. 942)  (L.D. 1319)

 

Sponsored by Representative BEAR of the Houlton Band of Maliseet Indians.

Cosponsored by Senator TUTTLE of York and Representatives: EVANGELOS of Friendship, KINNEY of Limington.

 

            Committee on VETERANS AND LEGAL AFFAIRS suggested and ordered printed.

 

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            (3-24)  Bill "An Act To Promote and Expand Awareness of the Educational Opportunity Tax Credit"

(H.P. 926)  (L.D. 1300)

 

Sponsored by Representative GRANT of Gardiner.

Cosponsored by President ALFOND of Cumberland and Representatives: BERRY of Bowdoinham, FREDETTE of Newport, KESCHL of Belgrade, KNIGHT of Livermore Falls, MacDONALD of Boothbay, RUSSELL of Portland, Senators: FLOOD of Kennebec, MILLETT of Cumberland.

 

            Joint Select Committee on MAINE'S WORKFORCE AND ECONOMIC FUTURE suggested and ordered printed.

 

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SPECIAL SENTIMENT CALENDAR

 

            In accordance with House Rule 519 and Joint Rule 213, the following items:

 

Recognizing:

 

            (5-1)  Mariah Hebert, of Biddeford, a senior at Biddeford High School, who was named the Maine Sunday Telegram All-State Volleyball Team Player of the Year.  We extend our congratulations and best wishes to her on her receiving this honor;

 

(SLS 126)

 

 

            (5-2)  Old Village Inn, of Ogunquit, on its receiving the Community Spirit Award from Make-A-Wish Maine for its significant contributions to the organization.  Since 2009, Old Village Inn has held an annual Christmas ball and has donated the proceeds to Make-A-Wish Maine.  To date, Old Village Inn has raised $15,000 for Make-A-Wish Maine, which covers the cost of more than 2 wishes.  We send our appreciation to Old Village Inn on its contributions and we send our congratulations on its receiving this honor;

 

(SLS 140)

 

 

            (5-3)  Azad Jalali, of Falmouth, who is the 2013 Class B 800-meter Boys Track Champion.  We extend our congratulations and best wishes to Azad on his achievement;

 

(HLS 106)

Presented by Representative NELSON of Falmouth.

Cosponsored by Senator WOODBURY of Cumberland, Representative DION of Portland.

 

 

            (5-4)  Charlotte Janelle, of Falmouth, who is the 2013 Girls Class B State Diving Champion.  We extend our congratulations and best wishes to Charlotte on her achievement;

 

(HLS 107)

Presented by Representative NELSON of Falmouth.

Cosponsored by Senator WOODBURY of Cumberland, Representative DION of Portland.

 

 

            (5-5)  the following members of the Falmouth High School Boys Basketball Team, who won the 2013 Class B State Championship:  Grant Burfeind, Nick Burton, Thomas Coyne, Charlie Faye, Addison Foltmer, Jake Horning, Jacob LaPlante, Justin Rogers, Jack Simonds, I.V. Stucker, Andrew Thornton, Matthew Tseng and Tom Wilberg.  We congratulate the members of the team on their achievement and we send them our best wishes;

 

(HLS 108)

Presented by Representative NELSON of Falmouth.

Cosponsored by Senator WOODBURY of Cumberland, Representative DION of Portland.

 

 

            (5-6)  the following members of the Falmouth High School Alpine Ski Team, who won the 2013 Class A State Championship:  Margaret Coster, Krysia Lesniak, Alexandra Shapiro, Alexander Gowen, Benjamin Hilfrank, Joseph Lesniak, Thomas Lesniak, John Cooper Lycan and Devereux Thomas.  We extend our congratulations and best wishes to the members of the team on this achievement;

 

(HLS 109)

Presented by Representative NELSON of Falmouth.

Cosponsored by Senator WOODBURY of Cumberland, Representative DION of Portland.

 

 

            (5-7)  the following members of the Falmouth High School Nordic Ski Team, on their winning the 2013 Class A State Championship:  Jessica Abramson, London Bernier, Dana Bloch, Caitlin Bucksbaum, Ava Demer, Camille Dunwoody, Anna Morin, Emily Rioux, Ethan Cantlin, Iain Kurry, Scott Lambert, Jay Lesser, Gabriel Mahoney and Samuel Pratico.  We extend our congratulations to the Girls and the Boys Nordic Ski Team on this achievement;

 

(HLS 110)

Presented by Representative NELSON of Falmouth.

Cosponsored by Senator WOODBURY of Cumberland, Representative DION of Portland.

 

 

            (5-8)  the following members of the Falmouth High School Boys Ice Hockey Team, who won the 2013 Class A State Championship:  Alden Bohrmann, Ryan Bonnvie, Kelvin Cho, Andre Clement, Matthew Edmonds, Andrew Emple, Jake Grade, Hugh Grygiel, Tyler Jordan, Ethan Low, Hunter Low, Connor MacDowell, William Mullin, Isac Nordstrom, Dane Pauls, Brandon Peters, Jack Pike, Kris Samaras, Alden Weller and JP White.  We congratulate the members of the team on their winning the Class A State Championship;

 

(HLS 111)

Presented by Representative NELSON of Falmouth.

Cosponsored by Senator WOODBURY of Cumberland, Representative DION of Portland.

 

 

            (5-9)  Jacob Buhelt, of Falmouth, who is the 2013 Class B 200-meter Boys Track Champion.  We extend our congratulations and best wishes to Jacob on his achievement;

 

(HLS 112)

Presented by Representative NELSON of Falmouth.

Cosponsored by Senator WOODBURY of Cumberland, Representative DION of Portland.

 

 

            (5-10)  Jake Perron, of Falmouth, who is the 2013 Boys Class B State Swim Champion in the 500 freestyle.  We extend our congratulations and best wishes to Jake on his achievement;

 

(HLS 113)

Presented by Representative NELSON of Falmouth.

Cosponsored by Senator WOODBURY of Cumberland, Representative DION of Portland.

 

 

            (5-11)  Ken and Maudie Libby, of Scarborough, on the occasion of their 70th wedding anniversary.  Mr. and Mrs. Libby were married on March 13, 1943 in Wisconsin, and moved back to Mr. Libby's native Scarborough, where they have lived since that time.  They have 2 children and 3 grandchildren.  Mr. and Mrs. Libby are well known and respected throughout the community; Mr. Libby worked for the post office and then served as acting executive director of the Maine Turnpike Authority, and Mrs. Libby got to know many people through her work as a caterer.  We extend our congratulations and best wishes to Mr. and Mrs. Libby on this occasion;

 

(HLS 114)

Presented by Representative SIROCKI of Scarborough.

Cosponsored by Senator BOYLE of Cumberland, Representative VOLK of Scarborough, Senator MILLETT of Cumberland.

 

 

            (5-12)  Olivia Tardie, 11, of Ashland, who is the recipient of a 2013 Real Young Hero Award from the American Red Cross Pine Tree Chapter.  Olivia discovered the beginning of a small fire in her grandmother's kitchen when no one else was around, and she remained calm and extinguished it.  We congratulate Olivia on her receiving this well-deserved honor;

 

(HLS 115)

Presented by Representative NADEAU of Fort Kent.

Cosponsored by Senator SHERMAN of Aroostook.

 

 

            (5-13)  Christopher Daigle, 14, of Fort Kent, who is the recipient of a 2013 Real Young Hero Award from the American Red Cross Pine Tree Chapter.  Christopher helped save the life of a man in diabetic shock.  We congratulate Christopher on his receiving this well-deserved honor;

 

(HLS 116)

Presented by Representative NADEAU of Fort Kent.

Cosponsored by Senator JACKSON of Aroostook.

 

 

            (5-14)  Sam Grindle, of Deer Isle, who has earned the honor of being named Salutatorian of the 2013 graduating class of Deer Isle-Stonington High School.  We extend our congratulations to Sam on this achievement;

 

(HLS 118)

Presented by Representative KUMIEGA of Deer Isle.

Cosponsored by Senator LANGLEY of Hancock.

 

 

            (5-15)  Sarah Wilson, of Deer Isle, who has earned the honor of being named Valedictorian of the 2013 graduating class of Deer Isle-Stonington High School.  We extend our congratulations to Sarah on this achievement;

 

(HLS 119)

Presented by Representative KUMIEGA of Deer Isle.

Cosponsored by Senator LANGLEY of Hancock.

 

 

            (5-16)  Chelsea Brown, of Deer Isle, who has earned the honor of being named Second Honor Essayist of the 2013 graduating class of Deer Isle-Stonington High School.  We extend our congratulations to Chelsea on this achievement;

 

(HLS 120)

Presented by Representative KUMIEGA of Deer Isle.

Cosponsored by Senator LANGLEY of Hancock.

 

 

            (5-17)  Drew Siebert, of Deer Isle, who has earned the honor of being named First Honor Essayist of the 2013 graduating class of Deer Isle-Stonington High School.  We extend our congratulations to Drew on this achievement;

 

(HLS 121)

Presented by Representative KUMIEGA of Deer Isle.

Cosponsored by Senator LANGLEY of Hancock.

 

 

In Memory of:

 

            (5-18)  Matthew Denger, of Biddeford, who faced countless challenges and inspired countless people with his unwavering strength and passion.  Matthew inherited Duchenne muscular dystrophy, a disorder that causes progressive muscle degeneration and weakness.  Despite his overwhelming challenges, Matthew graduated from Biddeford High School, was a dedicated volunteer for Senator Susan Collins' office in Biddeford for 5 years and was studying at the University of New England as a sophomore.  Matthew will be greatly missed and long remembered by his loving family and friends and those whose lives he touched;

 

(SLS 125)

 

 

            (5-19)  Michael W. Milburn, of Calais, a longtime law enforcement officer and police chief in Washington County.  Mr. Milburn attended Woodland High School in Baileyville.  After working one year at Georgia Pacific, he started M and M Contractors.  He began his law enforcement career in Baileyville as a patrol officer for one year and then moved to Calais, where he spent 36 years as a police officer and chief of police.  Mr. Milburn was active with Rotary Club, the Calais Lions Club, the Maine Chiefs of Police Association and Blue Knights International Law Enforcement Motorcycle Club, Inc.  He also served on the Calais City Council for 2 years.  He was a dedicated husband, father and grandfather and he will be greatly missed and long remembered by his family and friends;

 

(SLS 139)

 

 

            (5-20)  Daniel W. Bates, of Gardiner, a successful employment lawyer and former Assistant District Attorney, with appellate success in the United States Court of Appeals for the First Circuit and the Supreme Court of the United States, who, at his untimely death, was a candidate for the Maine House of Representatives for District 59, Gardiner and Randolph.  Mr. Bates lectured on a variety of subjects, including sexual harassment prevention and investigation.  He was a valued member of the Gardiner Library Association, serving as vice president.  In addition to his successful legal career and community service, Mr. Bates was also an ardent Red Sox Fan, who wrote a number of sports ballads.  Inspired by the rampant euphoria all over Red Sox Nation at the instant of its team's 2004 World Series victory, he wrote and published The Ballad of the Beantowne Bosox.  He will be greatly missed and long remembered by his beloved wife, Beth, his family, friends and community;

 

(HLS 103)

Presented by Representative GRANT of Gardiner.

Cosponsored by Senator FLOOD of Kennebec, Representative TIMBERLAKE of Turner.

 

 

 

 

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REPORTS OF COMMITTEE

 

Divided Report

 

            (6-1)  Majority Report of the Committee on HEALTH AND HUMAN SERVICES reporting Ought Not to Pass on Resolve, Directing the Department of Health and Human Services To Amend Its Rules To Improve the Oral Health Education of Children

(S.P. 197)  (L.D. 507)

            Signed:

            Senators:
                                    CRAVEN of Androscoggin
                                    HAMPER of Oxford
                                    LACHOWICZ of Kennebec

            Representatives:
                                    FARNSWORTH of Portland
                                    CASSIDY of Lubec
                                    DORNEY of Norridgewock
                                    GATTINE of Westbrook
                                    MALABY of Hancock
                                    McELWEE of Caribou
                                    SANDERSON of Chelsea
                                    SIROCKI of Scarborough

            Minority Report of the same Committee reporting Ought to Pass on same Resolve.

 

            Signed:

            Representative:
                                    STUCKEY of Portland

            Representative BEAR of the Houlton Band of Maliseet Indians - of the House - supports the Minority Ought to Pass Report.

            Comes from the Senate with the Majority OUGHT NOT TO PASS Report READ and ACCEPTED.

 

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            (6-2)  Majority Report of the Committee on TRANSPORTATION reporting Ought Not to Pass on Bill "An Act To Require That Motorcyclists Wear Helmets"

(H.P. 69)  (L.D. 66)

            Signed:

            Senators:
                                    MAZUREK of Knox
                                    COLLINS of York

            Representatives:
                                    THERIAULT of Madawaska
                                    GILLWAY of Searsport
                                    NUTTING of Oakland
                                    PARRY of Arundel
                                    PEOPLES of Westbrook
                                    TURNER of Burlington
                                    VEROW of Brewer

            Minority Report of the same Committee reporting Ought to Pass as Amended by Committee Amendment "A" (H-20) on same Bill.

 

            Signed:

            Senator:
                                    VALENTINO of York

            Representatives:
                                    McLEAN of Gorham
                                    POWERS of Naples
                                    WERTS of Auburn

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            (6-3)  Majority Report of the Committee on TRANSPORTATION reporting Ought Not to Pass on Bill "An Act To Prohibit the Use of a Handheld Mobile Telephone while Operating a Motor Vehicle"

(H.P. 71)  (L.D. 68)

            Signed:

            Senators:
                                    MAZUREK of Knox
                                    COLLINS of York

            Representatives:
                                    THERIAULT of Madawaska
                                    GILLWAY of Searsport
                                    NUTTING of Oakland
                                    PARRY of Arundel
                                    POWERS of Naples
                                    TURNER of Burlington
                                    VEROW of Brewer
                                    WERTS of Auburn

            Minority Report of the same Committee reporting Ought to Pass as Amended by Committee Amendment "A" (H-19) on same Bill.

 

            Signed:

            Senator:
                                    VALENTINO of York

            Representatives:
                                    McLEAN of Gorham
                                    PEOPLES of Westbrook

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            (6-4)  Majority Report of the Committee on TRANSPORTATION reporting Ought Not to Pass on Resolve, Directing the Department of Transportation To Place a Sign on Northbound Interstate 95 Directing Motorists to Lee Academy

(H.P. 67)  (L.D. 74)

            Signed:

            Senators:
                                    MAZUREK of Knox
                                    COLLINS of York
                                    VALENTINO of York

            Representatives:
                                    THERIAULT of Madawaska
                                    GILLWAY of Searsport
                                    McLEAN of Gorham
                                    NUTTING of Oakland
                                    PARRY of Arundel
                                    PEOPLES of Westbrook
                                    POWERS of Naples
                                    WERTS of Auburn

            Minority Report of the same Committee reporting Ought to Pass on same Resolve.

 

            Signed:

            Representatives:
                                    TURNER of Burlington
                                    VEROW of Brewer

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CONSENT CALENDAR

 

First Day

 

            In accordance with House Rule 519, the following items appeared on the Consent Calendar for the First Day:

 

            (7-1)  (H.P. 91)  (L.D. 109) Bill "An Act To Exempt All Vehicles Delivering Home Heating Fuel, Including Wood Pellets, from Weight Limits"  Committee on TRANSPORTATION reporting Ought to Pass as Amended by Committee Amendment "A" (H-24)

 

            (7-2)  (H.P. 139)  (L.D. 179) Bill "An Act To Amend the Anson and Madison Water District Charter"  Committee on ENERGY, UTILITIES AND TECHNOLOGY reporting Ought to Pass as Amended by Committee Amendment "A" (H-22)

 

            (7-3)  (H.P. 166)  (L.D. 205) Bill "An Act To Exempt Free Clinics from Licensing under the Charitable Solicitations Act"  Committee on INSURANCE AND FINANCIAL SERVICES reporting Ought to Pass as Amended by Committee Amendment "A" (H-26)

 

            (7-4)  (H.P. 252)  (L.D. 377) Bill "An Act To Provide Funding to Soil and Water Conservation Districts"  Committee on AGRICULTURE, CONSERVATION AND FORESTRY reporting Ought to Pass as Amended by Committee Amendment "A" (H-21)

 

            (7-5)  (H.P. 304)  (L.D. 454) Bill "An Act Relating to Health Care Provider Liability Claims Reports"  Committee on INSURANCE AND FINANCIAL SERVICES reporting Ought to Pass as Amended by Committee Amendment "A" (H-25)

 

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CONSENT CALENDAR

 

Second Day

 

            In accordance with House Rule 519, the following items appeared on the Consent Calendar for the Second Day:

 

            (8-1)  (S.P. 144)  (L.D. 364) Bill "An Act To Amend the Laws Regulating Suppliers of Agricultural, Construction, Industrial and Forestry Equipment"

 

            (8-2)  (S.P. 70)  (L.D. 234) Bill "An Act To Provide Tax Treatment Consistency for Limited Liability Companies and S Corporations"  (C. "A" S-11)

 

            (8-3)  (S.P. 161)  (L.D. 430) Bill "An Act To Amend the Laws Regarding Who May Appeal a Reconsideration Decision to the Maine Board of Tax Appeals"  (C. "A" S-13)

 

            (8-4)  (S.P. 168)  (L.D. 436) Bill "An Act To Raise the Maximum 529 Plan Contribution Tax Deduction"  (C. "A" S-10)

 

            (8-5)  (H.P. 447)  (L.D. 655) Bill "An Act To Amend or Repeal Outdated or Underutilized Laws Related to Transportation"

 

            (8-6)  (H.P. 302)  (L.D. 452) Bill "An Act Concerning Hurricane Deductibles"  (C. "A" H-17)

 

            (8-7)  (H.P. 341)  (L.D. 499) Bill "An Act To Promote Dental Care for Low-income Populations"  (C. "A" H-18)

 

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ENACTORS

 

Emergency Measure

 

            (10-1)  An Act To Establish July 27th as Maine Korean War Veteran Recognition Day

(S.P. 91)  (L.D. 255)

 

 

            Reported by the Committee on Engrossed Bills as truly and strictly engrossed.  This being an emergency measure, a two-thirds vote of all the members elected to the House necessary.

 

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Emergency Measure

 

            (10-2)  An Act To Make Supplemental Allocations from the Highway Fund and Other Funds for the Expenditures of State Government Necessary to the Proper Operations of State Government for the Fiscal Year Ending June 30, 2013

(H.P. 234)  (L.D. 324)
(C. "A" H-6)

 

 

            Reported by the Committee on Engrossed Bills as truly and strictly engrossed.  This being an emergency measure, a two-thirds vote of all the members elected to the House necessary.

 

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Emergency Measure

 

            (10-3)  An Act To Authorize the Provision of Insurance on Student Loans

(S.P. 131)  (L.D. 351)
(C. "A" S-8)

 

 

            Reported by the Committee on Engrossed Bills as truly and strictly engrossed.  This being an emergency measure, a two-thirds vote of all the members elected to the House necessary.

 

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Emergency Measure

 

            (10-4)  Resolve, Regarding Legislative Review of Chapter 675: Infrastructure Surcharge and Capital Reserve Accounts, a Major Substantive Rule of the Public Utilities Commission

(H.P. 6)  (L.D. 4)
(C. "A" H-7)

 

 

            Reported by the Committee on Engrossed Bills as truly and strictly engrossed.  This being an emergency measure, a two-thirds vote of all the members elected to the House necessary.

 

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Emergency Measure

 

            (10-5)  Resolve, To Direct the Department of Education To Amend Its Rules Regarding Restraint of Students

(S.P. 79)  (L.D. 243)
(C. "A" S-6)

 

 

            Reported by the Committee on Engrossed Bills as truly and strictly engrossed.  This being an emergency measure, a two-thirds vote of all the members elected to the House necessary.

 

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Acts

 

            (10-6)  An Act To Raise the School Construction Bond Cap

(H.P. 73)  (L.D. 91)
(C. "A" H-5)

 

            (10-7)  An Act To Permit Temporary Operation of a Motor Vehicle with an Expired Operator's License Solely for the Purpose of Traveling Home or Renewing the License

(H.P. 148)  (L.D. 187)

 

            (10-8)  An Act To Allow Motor Fuel Taxable Sales Disclosure

(S.P. 76)  (L.D. 240)

 

            (10-9)  An Act To Provide for the 2013 and 2014 Allocations of the State Ceiling on Private Activity Bonds

(S.P. 82)  (L.D. 246)
(C. "A" S-9)

 

            (10-10)  An Act To Extend Funding for the Loring Job Increment Financing Fund

(S.P. 93)  (L.D. 260)
(C. "A" S-7)

 

            (10-11)  An Act To Reduce Youth Cancer Risk

(S.P. 105)  (L.D. 272)

 

            (10-12)  An Act To Amend the Duties of the Division of Forestry

(S.P. 117)  (L.D. 284)

 

            (10-13)  An Act Concerning Brucellosis Vaccines for Cattle

(H.P. 197)  (L.D. 288)

 

            (10-14)  An Act To Repeal Provisions of the Law That Apply or Refer to State Facilities for Persons with Intellectual Disabilities

(H.P. 235)  (L.D. 325)

 

            (10-15)  An Act To Transfer the Responsibilities of the Department of Public Safety, Maine Communications System Policy Board to the Bureau of Consolidated Emergency Communications

(S.P. 152)  (L.D. 372)

 

            (10-16)  An Act To Allow Complainants in Disciplinary Actions To Attend Informal Conferences Held by the State Board of Nursing in Executive Session

(S.P. 158)  (L.D. 416)

 

            (10-17)  An Act Regarding Permits for Final Disposition of Dead Human Bodies

(S.P. 224)  (L.D. 634)

 

 

            Reported by the Committee on Engrossed Bills as truly and strictly engrossed.

 

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Resolves

 

            (10-18)  Resolve, Directing the Probate and Trust Law Advisory Commission To Review Maine's Probate Code and the Uniform Probate Code

(H.P. 230)  (L.D. 321)

 

 

            Reported by the Committee on Engrossed Bills as truly and strictly engrossed.

 

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ORDERS OF THE DAY

HOUSE CALENDAR
TUESDAY, APRIL 2, 2013

 

UNFINISHED BUSINESS

 

            The following matters, in the consideration of which the House was engaged at the time of adjournment Thursday, March 28, 2013, have preference in the Orders of the Day and continue with such preference until disposed of as provided by House Rule 502.

 

 

1.         Expression of Legislative Sentiment Recognizing Tobias Leboutillier, of Brewer

(HLS 12)

 

TABLED - January 8, 2013 (Till Later Today) by Representative AYOTTE of Caswell.

PENDING - PASSAGE.

 

 

 

 

 

2.         Bill "An Act To Protect the State's Property Rights in Maine State Museum Research" (EMERGENCY)

(H.P. 717)  (L.D. 1019)

 

- In House, REFERRED to the Committee on JUDICIARY on March 14, 2013.

- In Senate, REFERRED to the Committee on EDUCATION AND CULTURAL AFFAIRS in NON-CONCURRENCE.

TABLED - March 20, 2013 (Till Later Today) by Representative BERRY of Bowdoinham.

PENDING - FURTHER CONSIDERATION.

 

 

 

 

 

3.         Expression of Legislative Sentiment Recognizing the Central Aroostook High School Boys Basketball Team, of Mars Hill

(SLS 111)

 

- In Senate, READ and PASSED.

TABLED - March 21, 2013 (Till Later Today) by Representative CLARK of Easton.

PENDING - PASSAGE.

 

 

 

 

 

4.         Resolve, Regarding Legislative Review of Portions of Chapter 2: Rules Concerning the Processing of Applications and Other Administrative Matters, a Major Substantive Rule of the Department of Environmental Protection (EMERGENCY)

(H.P. 612)  (L.D. 861)

 

- In House, Unanimous REFER TO THE COMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES pursuant to the Maine Revised Statutes, Title 5, section 8072 Report of the Department of Environmental Protection READ and ACCEPTED and the Bill REFERRED to the Committee on JUDICIARY on March 7, 2013.

- In Senate, Unanimous REFER TO THE COMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES pursuant to the Maine Revised Statutes, Title 5, section 8072 Report of the Department of Environmental Protection READ and ACCEPTED and the Bill REFERRED to the Committee on ENVIRONMENT AND NATURAL RESOURCES in NON-CONCURRENCE.

TABLED - March 26, 2013 (Till Later Today) by Representative WELSH of Rockport.

PENDING - FURTHER CONSIDERATION.

 

 

 

 

 

5.         Expression of Legislative Sentiment in Memory of Major Gregory W. Sanborn, Deputy Chief Game Warden, of Sidney

(SLS 108)

 

- In Senate, READ and ADOPTED.

TABLED - March 26, 2013 (Till Later Today) by Representative BERRY of Bowdoinham.

PENDING - ADOPTION.

 

 

 

 

 

6.         HOUSE REPORT - Ought to Pass - Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY on Bill "An Act To Equalize the Fire Investigation and Prevention Tax Paid by Insurers"

(H.P. 205)  (L.D. 296)

 

TABLED - March 26, 2013 (Till Later Today) by Representative DION of Portland.

PENDING - ACCEPTANCE OF COMMITTEE REPORT.

 

 

 

 

 

7.         HOUSE DIVIDED REPORT - Majority (8) Ought Not to Pass - Minority (5) Ought to Pass as Amended by Committee Amendment "A" (H-13) - Committee on TAXATION on Bill "An Act To Reduce the Income Tax on Capital Gains"

(H.P. 57)  (L.D. 65)

 

TABLED - March 27, 2013 (Till Later Today) by Representative TIPPING-SPITZ of Orono.

PENDING - Motion of same Representative to ACCEPT the Majority OUGHT NOT TO PASS Report.

 

 

 

 

 

8.         HOUSE DIVIDED REPORT - Majority (8) Ought to Pass as Amended by Committee Amendment "A" (H-15) - Minority (5) Ought Not to Pass - Committee on TAXATION on Bill "An Act To Increase the State Earned Income Credit"

(H.P. 305)  (L.D. 455)

 

TABLED - March 27, 2013 (Till Later Today) by Representative TIPPING-SPITZ of Orono.

PENDING - Motion of same Representative to ACCEPT the Majority OUGHT TO PASS AS AMENDED Report.

 

 

 

 

 

9.         Expression of Legislative Sentiment Recognizing Honorable Donald and Patricia Collins, of Caribou

(HLS 98)

 

TABLED - March 28, 2013 (Till Later Today) by Representative FREDETTE of Newport.

PENDING - PASSAGE.

 

 

 

 

 

 

 

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STATUTORY ADJOURNMENT DATE JUNE 19, 2013

 

NOTICE

 

House Divided Report that will appear on the House Calendar later:

 

(1)  From the Committee on Transportation on Resolve, To Direct the Department of Transportation To Provide Signs on Interstate 95, on Interstate 395 and in the City of Brewer for the Underground Railroad Memorial at Chamberlain Freedom Park

(H.P. 237)  (L.D. 332)

 

Ought Not to Pass  (10 members)
Ought to Pass as Amended by Committee Amendment "A" (H-23)  (3 members)

 

 

Millicent M. MacFarland
Clerk of the House

State of Maine
House of Representatives
126th Legislature
First Regular Session
HOUSE ADVANCE JOURNAL AND CALENDAR

http://www.maine.gov/legis/house/hcalfr.htm

Tuesday, April 2, 2013

SUPPLEMENT NO. 1

 

SENATE PAPERS

 

            (1-1)  Bill "An Act To Help Small Farmers in Selling Raw Milk and Homemade Food Products"

(S.P. 444)  (L.D. 1282)

 

            (1-2)  Bill "An Act To Amend the Laws Governing Animal Trespass"

(S.P. 445)  (L.D. 1283)

 

            (1-3)  Bill "An Act To Establish the Livestock Damage Compensation Fund"

(S.P. 450)  (L.D. 1307)

 

            Come from the Senate, REFERRED to the Committee on AGRICULTURE, CONSERVATION AND FORESTRY and ordered printed.

 

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            (1-4)  Bill "An Act To Ensure Equitable Support for Long-term Energy Contracts"

(S.P. 440)  (L.D. 1278)

 

            Comes from the Senate, REFERRED to the Committee on ENERGY, UTILITIES AND TECHNOLOGY and ordered printed.

 

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            (1-5)  Bill "An Act To Establish a Stewardship Program for Architectural Paint"

(S.P. 451)  (L.D. 1308)

 

            Comes from the Senate, REFERRED to the Committee on ENVIRONMENT AND NATURAL RESOURCES and ordered printed.

 

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            (1-6)  Bill "An Act Regarding Delayed Birth Registration"

(S.P. 446)  (L.D. 1284)

 

            Comes from the Senate, REFERRED to the Committee on HEALTH AND HUMAN SERVICES and ordered printed.

 

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            (1-7)  Bill "An Act To Provide for Licensing of Recreational Therapists"

(S.P. 443)  (L.D. 1281)

 

            (1-8)  Bill "An Act To Improve Access to Dental Care through the Establishment of the Maine Board of Oral Health"

(S.P. 453)  (L.D. 1310)

 

            (1-9)  Bill "An Act To Amend the Laws Governing Unemployment Compensation To Ensure Conformity with the Federal Trade Adjustment Assistance Extension Act of 2011"

(S.P. 454)  (L.D. 1311)

 

            (1-10)  Bill "An Act To Amend Licensing Requirements for Professional Engineers"

(S.P. 456)  (L.D. 1313)

 

            Come from the Senate, REFERRED to the Committee on LABOR, COMMERCE, RESEARCH AND ECONOMIC DEVELOPMENT and ordered printed.

 

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State of Maine
House of Representatives
126th Legislature
First Regular Session
HOUSE ADVANCE JOURNAL AND CALENDAR

http://www.maine.gov/legis/house/hcalfr.htm

Tuesday, April 2, 2013

SUPPLEMENT NO. 2

 

SENATE PAPERS

 

            (1-1)  RESOLUTION, Proposing an Amendment to the Constitution of Maine To Provide for the Popular Election of the Secretary of State, Attorney General and Treasurer of State

(S.P. 441)  (L.D. 1279)

 

            (1-2)  Bill "An Act Authorizing the Deorganization of the Town of Bancroft"

(S.P. 442)  (L.D. 1280)

 

            (1-3)  Bill "An Act To Create a Succession and Knowledge Transfer Plan for State Government"

(S.P. 455)  (L.D. 1312)

 

            Come from the Senate, REFERRED to the Committee on STATE AND LOCAL GOVERNMENT and ordered printed.

 

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            (1-4)  Bill "An Act To Discourage Tenants from Damaging Rental Property"

(S.P. 448)  (L.D. 1305)

 

            (1-5)  Bill "An Act To Enhance Voter Registration for Persons with Disabilities"

(S.P. 449)  (L.D. 1306)

 

            (1-6)  Bill "An Act To Strengthen the Maine Clean Election Act"

(S.P. 452)  (L.D. 1309)

 

            (1-7)  Bill "An Act To Clarify the Law Regarding Advertising Signs outside Premises Licensed To Sell Alcohol"

(S.P. 457)  (L.D. 1318)

 

            Come from the Senate, REFERRED to the Committee on VETERANS AND LEGAL AFFAIRS and ordered printed.

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Pursuant to Statute
Commission on Governmental Ethics and Election Practices

 

 

            (1-8)  Report of the Commission on Governmental Ethics and Election Practices pursuant to the Maine Revised Statutes, Title 1, section 1009 asks leave to report that the accompanying Bill "An Act To Amend Campaign Finance Laws"

(S.P. 447)  (L.D. 1299)

 

            Be REFERRED to the Committee on VETERANS AND LEGAL AFFAIRS and printed pursuant to Joint Rule 218.

 

            Comes from the Senate, Report READ and ACCEPTED and the Bill REFERRED to the Committee on VETERANS AND LEGAL AFFAIRS and ordered printed pursuant to Joint Rule 218.

 

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State of Maine
House of Representatives
126th Legislature
First Regular Session
HOUSE ADVANCE JOURNAL AND CALENDAR

http://www.maine.gov/legis/house/hcalfr.htm

Tuesday, April 2, 2013

SUPPLEMENT NO. 3

 

SENATE PAPERS

 

            (1-1)  The following Joint Resolution:  (S.P. 433)

 

JOINT RESOLUTION INVITING ALL PEOPLE FROM MAINE LIVING HERE AND AWAY TO RECONNECT WITH THE STATE

 

            WHEREAS, the State of Maine is blessed with abundant natural beauty and is known throughout the world for its scenic seacoast, its beautiful mountains, its lakes and rivers and its millions of acres of woodlands; and

 

            WHEREAS, Maine's population currently is at 1,320,000, the most people it has ever had since Maine became a state; and

 

            WHEREAS, Maine is the 39th largest state in the Nation, and with its population and its size can still offer miles of wilderness and space for all to enjoy; and

 

            WHEREAS, many people move to Maine for the natural beauty the State provides and for the healthy and high quality of life and for the peaceful and friendly towns, cities and countryside; and

 

            WHEREAS, each area of Maine is rich in history and Maine is known for its seafaring legacy, its rural culture, its logging, agriculture, paper-making and lobstering industries, its fishing heritage and its famous tradition of serving as Vacationland to an international community for boating, camping, hunting, hiking, skiing and many other activities; and

 

            WHEREAS, many people born and raised in Maine have had to leave the State, due to job opportunities or other reasons, and most people who have had to leave Maine always remember the State of Maine with happy memories and good feelings; and

 

            WHEREAS, those who now live out of state continue to enjoy visits and connections with those who live in Maine; now, therefore, be it

 

            RESOLVED: That We, the Members of the One Hundred and Twenty-sixth Legislature now assembled in the First Regular Session, on behalf of the people we represent, take this opportunity to invite all the Maine people who have moved out of state to return to Maine and enjoy what they have missed and to make the summer of 2014 a time to reconnect and rediscover the State of Maine; and be it further

 

            RESOLVED: That We invite authors, actors, businesspersons, retirees, students and people serving in the Armed Forces who used to live in Maine to come back to Maine and celebrate their Maine heritage and to enjoy such experiences as the 2014 World Acadian Congress, the visits from tall ships, the North Atlantic Blues Festival in Rockland, the various state fairs and festivals, such as the Common Ground Fair, the Yarmouth Clam Festival, the American Folk Festival in Bangor and many other events that exemplify the good times that happen in the State; and be it further

 

            RESOLVED: That We urge schools to reach out to alumni, families to have reunions and state and local governments to emphasize all the good that is in Maine and commit to getting all current and former residents of the State to reconnect with each other.

 

 

 

            Comes from the Senate, READ and ADOPTED.

 

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State of Maine
House of Representatives
126th Legislature
First Regular Session
HOUSE ADVANCE JOURNAL AND CALENDAR

http://www.maine.gov/legis/house/hcalfr.htm

Tuesday, April 2, 2013

SUPPLEMENT NO. 4

 

 

 

CONSENT CALENDAR

 

First Day

 

            In accordance with House Rule 519, the following items appeared on the Consent Calendar for the First Day:

 

            (7-1)  (H.P. 422)  (L.D. 603) Bill "An Act To Repeal an Insurance Reporting Requirement"  Committee on INSURANCE AND FINANCIAL SERVICES reporting Ought to Pass

 

            (7-2)  (H.P. 590)  (L.D. 839) Bill "An Act To Amend the Laws Governing the Licensing of Technicians Involved in a Display of Fireworks or Special Effects"  Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY reporting Ought to Pass

 

            (7-3)  (H.P. 142)  (L.D. 182) Bill "An Act To Support the Maine Lobster Industry"  Committee on MARINE RESOURCES reporting Ought to Pass as Amended by Committee Amendment "A" (H-29)

 

            (7-4)  (H.P. 591)  (L.D. 840) Bill "An Act To Amend the Law Regulating the Use of Explosives"  Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY reporting Ought to Pass as Amended by Committee Amendment "A" (H-27)

 

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State of Maine
House of Representatives
126th Legislature
First Regular Session
HOUSE ADVANCE JOURNAL AND CALENDAR

http://www.maine.gov/legis/house/hcalfr.htm

Tuesday, April 2, 2013

SUPPLEMENT NO. 6

 

 

 

CONSENT CALENDAR

 

First Day

 

            In accordance with House Rule 519, the following item appeared on the Consent Calendar for the First Day:

 

            (7-1)  (H.P. 65)  (L.D. 72) Bill "An Act To Open the St. Croix River to River Herring" (EMERGENCY)  Committee on MARINE RESOURCES reporting Ought to Pass

 

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