Table of Contents

House Calendar
COMMUNICATIONS
PETITIONS, BILLS AND RESOLVES REQUIRING REFERENCE
Reference
ORDERS
SPECIAL SENTIMENT CALENDAR
Recognizing:
In Memory of:
REPORTS OF COMMITTEE
Divided Report
CONSENT CALENDAR
Second Day
BILLS IN THE SECOND READING
Senate as Amended
House as Amended
ENACTORS
Regular
Acts
Resolves
ORDERS OF THE DAY
UNFINISHED BUSINESS
SUPPLEMENT NO. 1
SENATE PAPERS
SUPPLEMENT NO. 2
SENATE PAPERS
SUPPLEMENT NO. 3
SENATE PAPERS
SUPPLEMENT NO. 4
ENACTORS
SUPPLEMENT NO. 5
CONSENT CALENDAR
First Day
SUPPLEMENT NO. 6
SENATE PAPERS

 


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


34th Legislative Day

Thursday, April 25, 2013

 

            Calling of the House to Order by the Speaker.

 

            Prayer by The Reverend Canon Victoria Sirota, The Cathedral Church of Saint John the Divine, New York, New York.

 

            National Anthem by Skowhegan Regional High School Jazz Band and Concert Choir.

 

            Pledge of Allegiance.

 

            Doctor of the day, Thomas Dancoes, DO, FACEP, Hampden.

 

            Reading of the Journal of yesterday.

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COMMUNICATIONS

 

 


 

 

            (2-1)  The Following Communication: (H.C. 136)

 

STATE OF MAINE

HOUSE OF REPRESENTATIVES

SPEAKER'S OFFICE

AUGUSTA, MAINE  04333-0002

 

April 18, 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 5, Chapter 501, §19202 of the Maine Revised Statutes, I have appointed Representative Jane P. Pringle of Windham to the Maine HIV Advisory Committee.

 

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

 

Sincerely,

 

S/Mark W. Eves

Speaker of the House

 

 

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            (2-2)  The Following Communication: (H.C. 134)

 

STATE OF MAINE

CLERK'S OFFICE

2 STATE HOUSE STATION

AUGUSTA, MAINE 04333-0002

 

April 25, 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 have voted unanimously to report the following bills out "Ought Not to Pass:"

 

Agriculture, Conservation and Forestry

L.D. 476         Resolve, Directing the Department of Agriculture, Conservation and Forestry To Develop a Policy To Reduce Food Waste in All State-funded Institutions

L.D. 630         An Act To Reserve Ten Percent of Campsites at State Parks for Maine Residents

L.D. 1170       Resolve, Regarding the Transfer of State Property To Assist the Save the Depot Project in Greenville

 

Energy, Utilities and Technology

L.D. 1012       An Act Regarding Automated Calls

 

Inland Fisheries and Wildlife

L.D. 98           Resolve, Directing the Department of Inland Fisheries and Wildlife To Study Issues Related to Bear Hunting and Management

L.D. 599         An Act To Review Possible Expansion of Dip Net Fishing in Northern Maine

L.D. 758         An Act To Protect Boats, Moorings and Docks in the Inland Waters of the State

L.D. 775         An Act To Require a Nonresident To Hire a Maine Guide To Hunt Sea Ducks

L.D. 800         An Act To Expand Migratory Waterfowl Hunting Opportunities

L.D. 1117       An Act To Amend the Laws Governing Muzzle-loading Hunting Season

 

Insurance and Financial Services

L.D. 448         An Act To Authorize the State Employee Health Commission's Preferred Provider Program

 

Judiciary

L.D. 308         An Act To Require the Attorney General To Consult with Federally Recognized Indian Tribes before Issuing an Opinion on Federal Legislation Affecting the Maine Indian Claims Settlement Act of 1980

L.D. 686         Resolve, To Increase Funding for Indigent Legal Aid Provided to Wabanaki Tribal Members

L.D. 733         An Act To Improve the Child Support Collection Process

L.D. 869         An Act To Relax Divorce Requirements for Victims of Domestic Violence

L.D. 871         An Act To Protect Victims of Domestic Violence by Waiving Their Filing Fees in Divorce Actions

L.D. 1000       An Act To Protect Maine Consumers

 

Marine Resources

L.D. 497         An Act To Move Maine's Elver Fishery towards Sustainability

L.D. 778         An Act To Develop Principles To Guide Fisheries Management Decisions

 

Taxation

L.D. 562         An Act Related to Service Charges in Lieu of Property Taxes on Tax-exempt Property

 

Veterans and Legal Affairs

L.D. 767         An Act To Limit Contributions to Candidates for Maine Offices to Maine Residents

L.D. 921         Resolve, Directing the Commission on Governmental Ethics and Election Practices To Improve Public Access to Campaign Finance Information

L.D. 1077       An Act To Amend the Maine Clean Election Act and Campaign Finance Laws

 

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

 

Sincerely,

 

S/Millicent M. MacFarland

Clerk of House

 

 

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            (2-3)  The Following Communication: (H.C. 137)

 

STATE OF MAINE

CLERK'S OFFICE

2 STATE HOUSE STATION

AUGUSTA, MAINE 04333-0002

 

April 25, 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 Insurance and Financial Services has approved the request by the sponsor, Senator Cushing of Penobscot, to report the following "Leave to Withdraw":

 

L.D. 651         An Act To Amend the Captive Insurance Laws

 

Sincerely,

 

S/Millicent M. MacFarland

Clerk of the House

 

 

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PETITIONS, BILLS AND RESOLVES REQUIRING REFERENCE

 

 

            (3-1)  Bill "An Act To Require the State To Divest Itself of Assets Invested in the Fossil Fuel Industry"

(H.P. 1046)  (L.D. 1461)

 

Sponsored by Representative JONES of Freedom.

Cosponsored by Senator LACHOWICZ of Kennebec and Representatives: CASAVANT of Biddeford, CHAPMAN of Brooksville, CHIPMAN of Portland, HARLOW of Portland, KENT of Woolwich, McGOWAN of York, NOON of Sanford, STUCKEY of Portland.

 

            Committee on APPROPRIATIONS AND FINANCIAL AFFAIRS suggested and ordered printed.

 

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            (3-2)  Bill "An Act To Promote Local or Community-based Generation Projects"

(H.P. 1041)  (L.D. 1456)

 

Sponsored by Representative BOLAND of Sanford.

Cosponsored by Representatives: BOLDUC of Auburn, CHENETTE of Saco, NADEAU of Winslow.

 

            (3-3)  Bill "An Act To Amend the Charter of the South Berwick Sewer District"

(H.P. 1042)  (L.D. 1457)

 

Sponsored by Speaker EVES of North Berwick.

Cosponsored by Senator HILL of York and Representative: BEAVERS of South Berwick.

Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 205.

 

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

 

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            (3-4)  Bill "An Act To Clarify and Correct Provisions of the Maine Medical Use of Marijuana Act"

(H.P. 1047)  (L.D. 1462)

 

Sponsored by Representative DION of Portland.

Cosponsored by Senator HASKELL of Cumberland and Representatives: FARNSWORTH of Portland, GILBERT of Jay, HARVELL of Farmington, HAYES of Buckfield, MOONEN of Portland, SANDERSON of Chelsea, Senators: LANGLEY of Hancock, VALENTINO of York.

 

            Committee on HEALTH AND HUMAN SERVICES suggested and ordered printed.

 

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            (3-5)  Bill "An Act To Enact the Maine Small Business Investment Protection Act"

(H.P. 1043)  (L.D. 1458)

 

Sponsored by Representative HERBIG of Belfast.

Cosponsored by Senator PATRICK of Oxford and Representatives: GILBERT of Jay, MASON of Topsham, MASTRACCIO of Sanford, ROCHELO of Biddeford, VOLK of Scarborough, WINCHENBACH of Waldoboro, Senator: CUSHING of Penobscot.

 

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

 

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            (3-6)  Resolve, Directing the Maine Library of Geographic Information Board To Convene a Stakeholder Group To Study the Feasibility of Using Maine's GeoLibrary GeoPortal for a Pilot Project That Involves Geographic Information Systems Trail Mapping

(H.P. 1044)  (L.D. 1459)

 

Sponsored by Representative CHENETTE of Saco.

Cosponsored by Senator VALENTINO of York and Representatives: BOLDUC of Auburn, MacDONALD of Old Orchard Beach, NADEAU of Winslow, PEASE of Morrill.

 

            Committee on STATE AND LOCAL GOVERNMENT suggested and ordered printed.

 

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            (3-7)  Bill "An Act To Examine Best Practices Relating to Tax Expenditures"

(H.P. 1048)  (L.D. 1463)

 

Sponsored by Representative ROTUNDO of Lewiston.

Cosponsored by Representative KNIGHT of Livermore Falls and Representatives: GOODE of Bangor, KESCHL of Belgrade, LIBBY of Lewiston, STUCKEY of Portland, Senators: CAIN of Penobscot, WOODBURY of Cumberland.

 

            Committee on TAXATION suggested and ordered printed.

 

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            (3-8)  Bill "An Act To Update and Clarify the Laws Governing the Operation of Bicycles on Public Roadways"

(H.P. 1045)  (L.D. 1460)

 

Sponsored by Representative JORGENSEN of Portland.

Cosponsored by Senator GRATWICK of Penobscot and Representatives: CHENETTE of Saco, CHIPMAN of Portland, DORNEY of Norridgewock, McELWEE of Caribou, MOONEN of Portland, PEOPLES of Westbrook, ROCHELO of Biddeford, VOLK of Scarborough.

 

            (3-9)  Bill "An Act To Streamline the Laws Related to Transportation"

(H.P. 1049)  (L.D. 1464)

 

Sponsored by Representative THERIAULT of Madawaska.

Cosponsored by Senator COLLINS of York.

Submitted by the Department of Transportation pursuant to Joint Rule 204.

 

            (3-10)  Bill "An Act To Increase Accountability and Efficiency of Independent Entities Involved in Separate Aspects of the State's Transportation Systems"

(H.P. 1050)  (L.D. 1465)

 

Sponsored by Representative ROTUNDO of Lewiston.

Cosponsored by Representatives: ESPLING of New Gloucester, LAJOIE of Lewiston, TIMBERLAKE of Turner, WERTS of Auburn, Senator: SAVIELLO of Franklin.

 

            Committee on TRANSPORTATION suggested and ordered printed.

 

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ORDERS

 

            (4-1)  On motion of Representative POULIOT of Augusta, the following Joint Resolution:  (H.P. 1040) (Cosponsored by Senator CUSHING of Penobscot and Representatives: LOCKMAN of Amherst, TIMBERLAKE of Turner, WILLETTE of Mapleton, WILSON of Augusta, Senators: BOYLE of Cumberland, DUTREMBLE of York, SAVIELLO of Franklin)

 

 

JOINT RESOLUTION RECOGNIZING MAINE'S REALTORS

 

            WHEREAS, the Maine Association of REALTORSŪ has nearly 4,000 members actively involved in the business of real estate and it has approximately 1,000 affiliate members, including lenders, appraisers, title companies, building inspectors, surveyors and insurance providers; and

 

            WHEREAS, the not-for-profit association provides each member with an equal voice and representation in the real estate profession, serving members in all 16 Maine counties and in their communities; and

 

            WHEREAS, the benefit that the Maine Association of REALTORSŪ provides to Maine's economy includes not only the money spent and reinvested in the sale price of a property, but all those services and expenditures that occur in relation to a property transaction, both for a buyer and a seller; and

 

            WHEREAS, according to national statistics, it is estimated that one job is generated for every 2 home sales and that each home sale contributes about $60,000 to the economy; and

 

            WHEREAS, the real estate market in Maine is slowly recovering as evidenced by the number of home sales increasing by 17.12% in 2012 and the median price of a home increasing by 3.03%; and

 

            WHEREAS, home ownership has been enhanced by the work in Maine of the public and private sectors to provide housing opportunities; and

 

            WHEREAS, expanding home ownership will strengthen our State and its families and communities, enhance our economy and create jobs; now, therefore, be it

 

            RESOLVED: That We, the Members of the One Hundred and Twenty-sixth Legislature now assembled in the First Regular Session, take this opportunity to recognize the Maine Association of REALTORSŪ and its members for their positive contributions and the significant role they have played in the lives of Maine citizens and their communities, and that their service and dedication to this State are a tribute to those values and principles that we all hold dear; and be it further

 

            RESOLVED: That suitable copies of this resolution, duly authenticated by the Secretary of State, be transmitted to the Maine Association of REALTORSŪ and its 12 local association boards.

 

 

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            (4-2)  On motion of Representative RANKIN of Hiram, the following House Order:  (H.O. 20)

 

            ORDERED, that Representative H. David Cotta of China be excused April 23 for personal reasons.

 

            AND BE IT FURTHER ORDERED, that Representative Wayne T. Mitchell of the Penobscot Nation be excused April 9 and 10 for health reasons.

 

            AND BE IT FURTHER ORDERED, that Representative Thomas M. Tyler of Windham be excused April 9 and 10 for health reasons.

 

 

 

 

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SPECIAL SENTIMENT CALENDAR

 

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

 

Recognizing:

 

            (5-1)  the Grand Theater, of Ellsworth, upon the celebration of its 75th Anniversary.  The Grand Theater opened on July 14, 1938 and operated successfully until 1950, when it closed.  In the late 1960s, it reopened for a few years and was used for boxing events.  It was scheduled for demolition in 1974, but the community came together and restored and reopened it in 1975 as a performing arts center.  Today, the Grand Theater is well known for its combination of Art Deco and Streamline Moderne design.  The mission of the Grand Theater is to enrich the lives of people in Downeast and Eastern Maine by presenting diverse, unique and high-quality programs that provide entertaining, artistic, educational and social experiences.  We extend our congratulations to the Grand Theater community on this important anniversary and send our best wishes for continued success;

 

(SLS 163)

 

 

            (5-2)  the 98th Anniversary of the Armenian Genocide.  On April 24, 1915, a campaign was launched by the Turkish regime of the Ottoman Empire against the Armenian people, resulting in the death of more than 1.5 million Armenians.  Some of the survivors settled in the State of Maine, and their heirs have made significant contributions to the State.  We join our citizens of Armenian heritage in remembering this event, and we express our deepest sympathy for the families of those who perished;

 

(SLS 238)

 

 

            (5-3)  the following students at Northern Penobscot Tech Region III Center, in Lincoln, who won the Gold Medal at the 2013 SkillsUSA Maine Championship:  Eugene Niles, welding; Danae Thompson, medical terminology; Charles Libby, culinary arts; and Eric Gelfuso, carpentry.  The SkillsUSA Maine Championship is a state-level competition for high school and college students enrolled in trade, technical and skilled service instructional programs in which students from across the State demonstrate their talents and dedication to their fields of study.  We congratulate these students on their achievements;

 

(SLS 239)

 

 

            (5-4)  Gregory Manocchio, of Mid-Maine Technical Center, in Waterville, who has won the Gold Medal in precision machining technology at the 2013 SkillsUSA Maine Championship.  The SkillsUSA Maine Championship is a state-level competition for high school and college students enrolled in trade, technical and skilled service instructional programs in which students from across the State demonstrate their talents and dedication to their fields of study.  We congratulate Gregory on his achievement;

 

(SLS 240)

 

 

            (5-5)  Cody Dux, of Region 9, School of Applied Technology, in Mexico, who won the Gold Medal at the 2013 SkillsUSA Maine Championship in firefighting.  The SkillsUSA Maine Championship is a state-level competition for high school and college students enrolled in trade, technical and skilled service instructional programs in which students from across the State demonstrate their talents and dedication to their fields of study.  We congratulate Cody on his achievement;

 

(SLS 241)

 

 

            (5-6)  the John Bapst Memorial High School Jazz Band, on its winning first place in Division III at the 2013 Maine High School Instrumental Jazz Festival.  We extend our congratulations and best wishes to the members of the band on this achievement;

 

(SLS 242)

 

 

            (5-7)  Sarah Freeman, of Bangor, who was named to the 2013 All-Maine Academic Team by the Maine Community College System.  We congratulate Ms. Freeman on her receiving this honor;

 

(SLS 243)

 

 

            (5-8)  Jonathan Torsch, of Bangor, who was named to the 2013 All-Maine Academic Team by the Maine Community College System.  We congratulate Mr. Torsch on his receiving this honor;

 

(SLS 244)

 

 

            (5-9)  Todd Chasteen, of Hampden, of Flik Dining Services at Eastern Maine Community College, who won top honors at the 2013 Maine Chef Challenge.  We congratulate Mr. Chasteen on his winning this competition;

 

(SLS 245)

 

 

            (5-10)  the Bangor High School theater company, on its winning top honors at the Maine Drama Festival in the Class A division.  We congratulate the members of the team on their achievement and send them our best wishes for future success;

 

(SLS 246)

 

 

            (5-11)  Parker Sanderson, of Bangor, a senior at Bangor High School, who is the recipient of the 2013 Travis Roy Award.  The award was given to Parker, an outstanding top hockey player, for his accomplishments on the ice and in the classroom.  We extend our congratulations and best wishes to him on his receiving this honor;

 

(SLS 247)

 

 

            (5-12)  Katherine Collette, of Rumford, a member of the Mountain Valley Girls Ski Team, who is the State Class C Giant Slalom Champion.  We extend our congratulations and best wishes to Katherine on this accomplishment;

 

(SLS 248)

 

 

            (5-13)  Peter Vigue, of Pittsfield, chairman and Chief Executive Officer of Cianbro Corporation, who is the 2013 recipient of the Norbert X. Dowd Award from the Bangor Region Chamber of Commerce.  This award is considered a lifetime achievement award and honors those who over the course of their careers contribute to the community and economy of the region and who have shown leadership in those areas.  We send our congratulations to Mr. Vigue on his receiving this honor;

 

(SLS 250)

 

 

            (5-14)  Michelle Zhang, of Augusta, a senior at Cony High School, who is a recipient of a 2013 Principal's Award for outstanding academic achievement and citizenship, sponsored by the Maine Principals' Association.  We extend our congratulations to Michelle on her receiving this award;

 

(HLS 163)

Presented by Representative WILSON of Augusta.

Cosponsored by Senator KATZ of Kennebec, Representative POULIOT of Augusta, Representative FOWLE of Vassalboro.

 

 

            (5-15)  Tony Hamlin, of Milo, on the occasion of his retirement as a basketball coach at Penquis Valley High School.  Over the course of his 31-year career, Mr. Hamlin amassed 401 victories, including a Class C State championship in the final tournament game played under his coaching.  Mr. Hamlin's coaching profession began at Maine Central Institute, where he coached for 3 years and led the team to 2 New England championships.  Mr. Hamlin coached at Morse High School in Bath for 4 years before coaching for 7 years at South Portland High School.  While at South Portland, he directed the Red Riots to the 1983 Class A State championship and to a 2nd Western Maine crown in 1985.  Highlights of his 17-year tenure at Penquis Valley High School include 15 postseason appearances, 2 State championships, 3 regional titles and 5 trips to the Eastern C finals.  We extend our congratulations to Mr. Hamlin for his long and successful basketball coaching career and send him our best wishes for a well-earned retirement;

 

(HLS 164)

Presented by Representative DAVIS of Sangerville.

Cosponsored by Senator THOMAS of Somerset, Senator CAIN of Penobscot, Representative JOHNSON of Greenville, Representative PEAVEY HASKELL of Milford.

 

 

            (5-16)  Avis Spear, of Dover-Foxcroft, on the occasion of her 100th Birthday, May 19, 2013.  Mrs. Spear was born in Presque Isle, and she and her husband of 80 years, Newbert Spear, had 3 children.  We send our congratulations and best wishes to her on this special birthday;

 

(HLS 165)

Presented by Representative DAVIS of Sangerville.

Cosponsored by Senator THOMAS of Somerset.

 

 

            (5-17)  George W. Studley, of China, who recently retired as the Chief of the China Village Volunteer Fire Department.  Mr. Studley moved to China in 1966 and went to work for the company that later became Duratherm Window Corporation and York Spiral Stair in Vassalboro.  He joined the volunteer fire department in 1967 and plans to continue serving as an active member.  During his early years with the department, he served on the equipment, entertainment and ice fishing derby committees.  He was appointed Assistant Fire Chief in 1975 and in 1977 he was unanimously elected Fire Chief.  He held that position for 36 years before stepping down on April 9, 2013.  We send Mr. Studley our appreciation for his many years of commitment to his community and we send him our congratulations and best wishes on his retirement;

 

(HLS 166)

Presented by Representative COTTA of China.

Cosponsored by Senator KATZ of Kennebec.

 

 

            (5-18)  Houlton Police Chief Butch Asselin, who was named the 2013 Maine Police Chief of the Year by the Maine Chiefs of Police Association.  Chief Asselin began his law enforcement career in 1975 as a Skowhegan patrolman and worked his way up to chief by 1997.  He has been Houlton's Police Chief since 2007.  During his time in Skowhegan, he focused on helping children and lobbied Maine's congressional delegation to support Head Start and after-school programs as a way to divert children away from trouble.  In Houlton, he launched a Citizen's Police Academy and a Halloween safety program.  Chief Asselin won the Maine Chiefs of Police Association's President's Award in 2006 and 2012.  We send him our congratulations on his receiving this well-deserved honor;

 

(HLS 167)

Presented by Representative FITZPATRICK of Houlton.

Cosponsored by Senator SHERMAN of Aroostook.

 

 

            (5-19)  Marisa Weinstein, of Hartland, who is the recipient of the Music Educator of the Year Award.  The award is given annually to an outstanding primary or secondary school music teacher in the State by the Maine Music Educators Association.  Ms. Weinstein has taught music at the Warsaw Middle School for 23 years.  She teaches chorus, band, fifth-grade and sixth-grade music class and instrument lessons.  We extend our congratulations and best wishes to Ms. Weinstein on her receiving this award;

 

(HLS 168)

Presented by Representative SHORT of Pittsfield.

Cosponsored by Senator LACHOWICZ of Kennebec, Representative CRAY of Palmyra, Senator THOMAS of Somerset.

 

 

            (5-20)  Spencer Shagoury, of Hallowell, a senior at Hall-Dale High School, who is a recipient of a 2013 Principal's Award for outstanding academic achievement and citizenship, sponsored by the Maine Principals' Association.  We extend our congratulations to Spencer on his receiving this award;

 

(HLS 169)

Presented by Representative TREAT of Hallowell.

Cosponsored by Senator FLOOD of Kennebec.

 

 

            (5-21)  the Bethel Inn, on the occasion of its 100th year in business.  The Bethel Inn opened on July 12, 1913 to host patients of Dr. John Gehring who were suffering from nervous disorders and exhaustion.  Over the years, more property and surrounding homes were added to the establishment.  As time went on, the Inn started to draw more than patients and transformed into a vacation destination, with golf and other traditional summer activities and winter activities such as ice-skating, skiing and snowshoeing.  In 1979, Dick Rasor purchased the Inn and within 10 years had added 40 condominiums and an 18-hole golf course.  This expansion and the many updates over the years have allowed the Inn to continue to be a vacation destination for those wishing to experience all that Western Maine has to offer.  The Inn remains an iconic symbol of the Bethel area and represents the hard work and resilience of the local citizens.  We wish the Bethel Inn many years of continued success;

 

(HLS 170)

Presented by Representative CROCKETT of Bethel.

Cosponsored by Senator PATRICK of Oxford.

 

 

In Memory of:

 

            (5-22)  Jeffrey A. Pino, of South Berwick, a member of the South Berwick Fire Department.  Mr. Pino was born in Charlestown, Massachusetts and eventually settled in South Berwick.  He had also served on the Eliot Fire Department.  He will be sadly missed and long remembered by his loving family and friends;

 

(SLS 251)

 

 

 

 

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REPORTS OF COMMITTEE

 

Divided Report

 

            (6-1)  Majority Report of the Committee on HEALTH AND HUMAN SERVICES reporting Ought to Pass as Amended by Committee Amendment "A" (S-33) on Bill "An Act To Improve Community Mental Health Treatment"

(S.P. 38)  (L.D. 87)

            Signed:

            Senators:
                                    CRAVEN of Androscoggin
                                    LACHOWICZ of Kennebec

            Representatives:
                                    FARNSWORTH of Portland
                                    CASSIDY of Lubec
                                    DORNEY of Norridgewock
                                    GATTINE of Westbrook
                                    STUCKEY of Portland
                                    PETERSON of Rumford

            Minority Report of the same Committee reporting Ought Not to Pass on same Bill.

 

            Signed:

            Senator:
                                    HAMPER of Oxford

            Representatives:
                                    MALABY of Hancock
                                    McELWEE of Caribou
                                    SANDERSON of Chelsea
                                    SIROCKI of Scarborough

            Representative BEAR of the Houlton Band of Maliseet Indians - of the House - supports the Majority Ought to Pass as Amended by Committee Amendment "A" (S-33) Report.

            Comes from the Senate with the Majority OUGHT TO PASS AS AMENDED Report READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (S-33).

 

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            (6-2)  Majority Report of the Committee on HEALTH AND HUMAN SERVICES reporting Ought to Pass as Amended by Committee Amendment "A" (S-25) on Bill "An Act To Restore Eligibility and Funding for Drug Programs for the Elderly and Disabled"

(S.P. 219)  (L.D. 629)

            Signed:

            Senators:
                                    CRAVEN of Androscoggin
                                    LACHOWICZ of Kennebec

            Representatives:
                                    FARNSWORTH of Portland
                                    CASSIDY of Lubec
                                    DORNEY of Norridgewock
                                    GATTINE of Westbrook
                                    McELWEE of Caribou
                                    STUCKEY of Portland

            Minority Report of the same Committee reporting Ought Not to Pass on same Bill.

 

            Signed:

            Senator:
                                    HAMPER of Oxford

            Representatives:
                                    MALABY of Hancock
                                    SANDERSON of Chelsea
                                    SIROCKI of Scarborough

            Representative BEAR of the Houlton Band of Maliseet Indians - of the House - supports the Majority Ought to Pass as Amended by Committee Amendment "A" (S-25) Report.

            Comes from the Senate with the Majority OUGHT TO PASS AS AMENDED Report READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (S-25).

 

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            (6-3)  Majority Report of the Committee on INLAND FISHERIES AND WILDLIFE reporting Ought Not to Pass on Bill "An Act To Allow Hunting for Deer with a Crossbow during the Expanded Archery Season"

(H.P. 81)  (L.D. 99)

            Signed:

            Senators:
                                    DUTREMBLE of York
                                    HASKELL of Cumberland

            Representatives:
                                    SHAW of Standish
                                    BRIGGS of Mexico
                                    ESPLING of New Gloucester
                                    EVANGELOS of Friendship
                                    KUSIAK of Fairfield
                                    MARKS of Pittston

            Minority Report of the same Committee reporting Ought to Pass as Amended by Committee Amendment "A" (H-67) on same Bill.

 

            Signed:

            Senator:
                                    BURNS of Washington

            Representatives:
                                    CRAFTS of Lisbon
                                    DAVIS of Sangerville
                                    SHORT of Pittsfield
                                    WOOD of Sabattus

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            (6-4)  Majority Report of the Committee on JUDICIARY reporting Ought Not to Pass on Bill "An Act To Strengthen the Rights of Grandparents under the Grandparents Visitation Act"

(H.P. 170)  (L.D. 209)

            Signed:

            Senators:
                                    VALENTINO of York
                                    BURNS of Washington

            Representatives:
                                    PRIEST of Brunswick
                                    BEAULIEU of Auburn
                                    GUERIN of Glenburn
                                    MOONEN of Portland
                                    PEAVEY HASKELL of Milford
                                    VILLA of Harrison

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

 

            Signed:

            Senator:
                                    TUTTLE of York

            Representatives:
                                    CROCKETT of Bethel
                                    DeCHANT of Bath
                                    MONAGHAN-DERRIG of Cape Elizabeth
                                    MORIARTY of Cumberland

            Representative MITCHELL of the Penobscot Nation - of the House - supports the Minority Ought to Pass Report.

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            (6-5)  Majority Report of the Committee on JUDICIARY reporting Ought Not to Pass on Bill "An Act To Expedite Court Proceedings by Providing Funds for Additional District Court Personnel"

(H.P. 371)  (L.D. 552)

            Signed:

            Senators:
                                    VALENTINO of York
                                    BURNS of Washington

            Representatives:
                                    PRIEST of Brunswick
                                    BEAULIEU of Auburn
                                    CROCKETT of Bethel
                                    MONAGHAN-DERRIG of Cape Elizabeth
                                    MOONEN of Portland
                                    MORIARTY of Cumberland
                                    PEAVEY HASKELL of Milford
                                    VILLA of Harrison

            Minority Report of the same Committee reporting Ought to Pass as Amended by Committee Amendment "A" (H-78) on same Bill.

 

            Signed:

            Senator:
                                    TUTTLE of York

            Representatives:
                                    DeCHANT of Bath
                                    GUERIN of Glenburn

            Representative MITCHELL of the Penobscot Nation - of the House - supports the Majority Ought Not to Pass Report.

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            (6-6)  Majority Report of the Committee on LABOR, COMMERCE, RESEARCH AND ECONOMIC DEVELOPMENT reporting Ought Not to Pass on Bill "An Act To Make Gold and Silver Coins and Bars Legal Tender"

(H.P. 124)  (L.D. 149)

            Signed:

            Senators:
                                    PATRICK of Oxford
                                    CLEVELAND of Androscoggin
                                    CUSHING of Penobscot

            Representatives:
                                    HERBIG of Belfast
                                    CAMPBELL of Newfield
                                    GILBERT of Jay
                                    HAMANN of South Portland
                                    MASON of Topsham
                                    MASTRACCIO of Sanford

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

 

            Signed:

            Representatives:
                                    DUPREY of Hampden
                                    LOCKMAN of Amherst
                                    VOLK of Scarborough
                                    WINCHENBACH of Waldoboro

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            (6-7)  Majority Report of the Committee on LABOR, COMMERCE, RESEARCH AND ECONOMIC DEVELOPMENT reporting Ought Not to Pass on Bill "An Act To Help the Unemployed Find Work"

(H.P. 728)  (L.D. 1033)

            Signed:

            Senators:
                                    PATRICK of Oxford
                                    CLEVELAND of Androscoggin

            Representatives:
                                    HERBIG of Belfast
                                    CAMPBELL of Newfield
                                    GILBERT of Jay
                                    HAMANN of South Portland
                                    MASON of Topsham
                                    MASTRACCIO of Sanford
                                    WINCHENBACH of Waldoboro

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

 

            Signed:

            Senator:
                                    CUSHING of Penobscot

            Representatives:
                                    DUPREY of Hampden
                                    LOCKMAN of Amherst
                                    VOLK of Scarborough

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            (6-8)  Majority Report of the Committee on TRANSPORTATION reporting Ought Not to Pass on Bill "An Act To Strengthen Collaboration in the Transfer of Responsibilities for State and State Aid Highways"

(H.P. 70)  (L.D. 67)

            Signed:

            Senators:
                                    MAZUREK of Knox
                                    COLLINS of York

            Representatives:
                                    THERIAULT of Madawaska
                                    GILLWAY of Searsport
                                    McLEAN of Gorham
                                    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-63) on same Bill.

 

            Signed:

            Senator:
                                    VALENTINO of York

            Representative:
                                    PEOPLES of Westbrook

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            (6-9)  Majority Report of the Committee on TRANSPORTATION reporting Ought Not to Pass on Bill "An Act To Promote Small Businesses by Enhancing the Use of On-premises Signs"

(H.P. 333)  (L.D. 483)

            Signed:

            Senators:
                                    MAZUREK of Knox
                                    COLLINS of York
                                    VALENTINO of York

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

            Minority Report of the same Committee reporting Ought to Pass as Amended by Committee Amendment "A" (H-65) on same Bill.

 

            Signed:

            Representatives:
                                    NUTTING of Oakland
                                    TURNER of Burlington

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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. 113)  (L.D. 280) Resolve, Concerning Rights-of-way over Eastern Road in Scarborough

 

            (8-2)  (S.P. 196)  (L.D. 506) Resolve, Directing the Bureau of Insurance To Amend Its Rules Pertaining to Medicare Advantage Plans (EMERGENCY)

 

            (8-3)  (S.P. 211)  (L.D. 521) Bill "An Act To Change the Budget Approval Process for Alternative Organizational Structures"

 

            (8-4)  (S.P. 9)  (L.D. 1) Bill "An Act To Amend the Maine Workers' Compensation Act of 1992"  (C. "A" S-31)

 

            (8-5)  (S.P. 111)  (L.D. 278) Bill "An Act To Provide Greater Access to Capital for Certain Businesses Through Advance Payment of Employment Tax Increment Financing Benefits"  (C. "A" S-21)

 

            (8-6)  (S.P. 120)  (L.D. 287) Bill "An Act To Improve Funding of Agricultural Development Projects"  (C. "A" S-36)

 

            (8-7)  (S.P. 150)  (L.D. 370) Bill "An Act To Increase Elementary School Applied Learning Opportunities"  (C. "A" S-37)

 

            (8-8)  (S.P. 170)  (L.D. 438) Bill "An Act To Expand the Types of Vehicles on Which a Sportsman Registration Plate May Be Displayed"  (C. "A" S-28)

 

            (8-9)  (S.P. 172)  (L.D. 440) Bill "An Act To Support Community Health Centers through Tax Credits for Dentists and Primary Care Professionals Practicing in Underserved Areas"  (C. "A" S-24)

 

            (8-10)  (S.P. 308)  (L.D. 883) Bill "An Act Regarding the Sexual Assault Forensic Examiner Advisory Board"  (C. "A" S-26)

 

            (8-11)  (H.P. 5)  (L.D. 3) Resolve, Regarding Legislative Review of Portions of the MaineCare Benefits Manual, Chapter III, Section 21: Home and Community Benefits for Adults with Intellectual Disabilities or Autistic Disorder, a Major Substantive Rule of the Department of Health and Human Services (EMERGENCY)

 

            (8-12)  (H.P. 296)  (L.D. 424) Bill "An Act To Amend the Short Form Deeds Act"

 

            (8-13)  (H.P. 479)  (L.D. 687) Bill "An Act To Amend the Law Concerning Protection from Abuse Orders To Include Pets"

 

            (8-14)  (H.P. 536)  (L.D. 785) Bill "An Act To Ensure the Periodic Review and Revision of Statutory Provisions"

 

            (8-15)  (H.P. 600)  (L.D. 849) Bill "An Act To Validate Certain Real Estate Transactions Entered into by a Corporation while Its Charter Was Suspended"

 

            (8-16)  (H.P. 601)  (L.D. 850) Resolve, To Study the Issue of Inheritance of Digital Assets

 

            (8-17)  (H.P. 262)  (L.D. 387) Resolve, To Direct the Department of Health and Human Services To Assist Individuals with Intellectual Disabilities with Home Support  (C. "A" H-95)

 

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BILLS IN THE SECOND READING

 

 

Senate as Amended

 

            (9-1)  Bill "An Act To Change the Taxes on Fuel Purchased for Use Other Than on the Highways"

(S.P. 221)  (L.D. 631)
(C. "A" S-20)

 

 

House as Amended

 

            (9-2)  Bill "An Act To Protect Public Health at Public Institutions of Higher Education"

(H.P. 318)  (L.D. 468)
(C. "A" H-77)

 

 

            Reported by the Committee on Bills in the Second Reading.

 

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ENACTORS

 

Emergency Measure

 

            (10-1)  An Act To Amend the Limited Liability Company Laws

(S.P. 193)  (L.D. 503)
(C. "A" S-22)

 

 

            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 Mandate

 

            (10-2)  An Act To Ensure the Confidentiality of Concealed Handgun Permit Holder Personal Information

(H.P. 250)  (L.D. 345)
(C. "A" H-89)

 

 

            Reported by the Committee on Engrossed Bills as truly and strictly engrossed.  In accordance with the provisions of Section 21 of Article IX of the Constitution, a two-thirds vote of all the members elected to the House necessary.

 

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Mandate

 

            (10-3)  An Act To Increase Suicide Awareness and Prevention in Maine Public Schools

(H.P. 428)  (L.D. 609)
(C. "A" H-86)

 

 

            Reported by the Committee on Engrossed Bills as truly and strictly engrossed.  In accordance with the provisions of Section 21 of Article IX of the Constitution, a two-thirds vote of all the members elected to the House necessary.

 

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Acts

 

            (10-4)  An Act Regarding the Authority of a School Board To Elect a School Superintendent

(H.P. 10)  (L.D. 6)
(C. "A" H-31)

 

            (10-5)  An Act To Equalize the Fire Investigation and Prevention Tax Paid by Insurers

(H.P. 205)  (L.D. 296)
(H. "A" H-32)

 

            (10-6)  An Act To Remove an Unnecessary Provision in the Maine Insurance Code

(H.P. 445)  (L.D. 653)

 

            (10-7)  An Act To Provide Free Fishing Licenses to Certain Children in the Custody of the Department of Health and Human Services

(H.P. 489)  (L.D. 717)

 

 

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

 

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Resolves

 

            (10-8)  Resolve, To Direct the Commissioner of Inland Fisheries and Wildlife To Allow Veterans with Lower Limb Loss To Obtain "Any-deer" Hunting Permits

(H.P. 55)  (L.D. 63)
(C. "A" H-37)

 

 

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

 

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ORDERS OF THE DAY

HOUSE CALENDAR
THURSDAY, APRIL 25, 2013

 

UNFINISHED BUSINESS

 

            The following matters, in the consideration of which the House was engaged at the time of adjournment yesterday, 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.         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.

 

 

 

 

 

3.         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.

 

 

 

 

 

4.         JOINT RESOLUTION AFFIRMING THE FRIENDSHIP BETWEEN THE STATE OF MAINE AND THE REPUBLIC OF CHINA

(H.P. 943)

 

TABLED - April 3, 2013 (Till Later Today) by Representative HAYES of Buckfield.

PENDING - ADOPTION.

 

 

 

 

 

5.         Expression of Legislative Sentiment Recognizing the Town of Freedom, on the occasion of its 200th Anniversary

(SLS 156)

 

- In Senate, READ and PASSED.

TABLED - April 3, 2013 (Till Later Today) by Representative JONES of Freedom.

PENDING - PASSAGE.

 

 

 

 

 

6.         HOUSE DIVIDED REPORT - Majority (8) Ought Not to Pass - Minority (5) Ought to Pass as Amended by Committee Amendment "A" (H-28) - Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY on Bill "An Act To Provide Funding to the State Board of Corrections for Certain County Jail Debt"

(H.P. 59)  (L.D. 76)

 

TABLED - April 4, 2013 (Till Later Today) by Representative DION of Portland.

PENDING - ACCEPTANCE OF EITHER REPORT.

 

 

 

 

 

7.         Bill "An Act To Clarify the Laws Governing Noise from Wind Turbines"

(H.P. 1023)  (L.D. 1434)

 

(Committee on ENERGY, UTILITIES AND TECHNOLOGY suggested)

TABLED - April 23, 2013 (Till Later Today) by Representative HOBBINS of Saco.

PENDING - REFERENCE.

 

 

 

 

 

8.         JOINT RESOLUTION RECOGNIZING THE DAY OF GENOCIDE OF AZERBAIJANIS

(H.P. 1030)

 

TABLED - April 23, 2013 (Till Later Today) by Representative BERRY of Bowdoinham.

PENDING - ADOPTION.

 

 

 

 

 

9.         Bill "An Act To Establish the Commission on Health Care Cost and Quality"

(H.P. 191)  (L.D. 230)

 

TABLED - April 24, 2013 (Till Later Today) by Representative FARNSWORTH of Portland.

PENDING - ADOPTION OF COMMITTEE AMENDMENT "A" (H-76).

 

 

 

 

 

 

 

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STATUTORY ADJOURNMENT DATE JUNE 19, 2013

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

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

Thursday, April 25, 2013

SUPPLEMENT NO. 1

 

SENATE PAPERS

 

 

            (1-1)  The following Joint Order:  (S.P. 534)

 

 

            ORDERED, the House concurring, that when the House and Senate adjourn, they do so until Tuesday, April 30, 2013 at 10:00 in the morning.

 

 

            Comes from the Senate, READ and PASSED.

 

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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

Thursday, April 25, 2013

SUPPLEMENT NO. 2

 

SENATE PAPERS

 

            (1-1)  Bill "An Act To Authorize a General Fund Bond Issue To Ensure Clean Water and Safe Communities"

(S.P. 539)  (L.D. 1455)

 

            Comes from the Senate, REFERRED to the Committee on APPROPRIATIONS AND FINANCIAL AFFAIRS and ordered printed.

 

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            (1-2)  Bill "An Act To Increase the Transparency of Charges and Expenses of Hospitals That Receive State Funding"

(S.P. 537)  (L.D. 1453)

 

            (1-3)  Bill "An Act To Amend the Law Governing Provider Contracts with Insurance Companies"

(S.P. 540)  (L.D. 1466)

 

            Come from the Senate, REFERRED to the Committee on INSURANCE AND FINANCIAL SERVICES and ordered printed.

 

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            (1-4)  Bill "An Act To Require the Membership of the State Workforce Investment Board To Include Representatives of the Local Workforce Investment Boards"

(S.P. 535)  (L.D. 1451)

 

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

 

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            (1-5)  Bill "An Act To Allow Municipalities with Shellfish Conservation Ordinances To Request Permission To Prohibit Marine Worm Harvesting"

(S.P. 536)  (L.D. 1452)

 

            Comes from the Senate, REFERRED to the Committee on MARINE RESOURCES and ordered printed.

 

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            (1-6)  RESOLUTION, Proposing an Amendment to the Constitution of Maine To Establish a Unicameral Legislature

(S.P. 538)  (L.D. 1454)

 

            Comes from the Senate, REFERRED to the Committee on STATE AND LOCAL GOVERNMENT 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

Thursday, April 25, 2013

SUPPLEMENT NO. 3

 

SENATE PAPERS

 

 

            (1-1)  The following Joint Order:  (S.P. 533)

 

 

            ORDERED, the House concurring, that the Joint Standing Committee on Energy, Utilities and Technology shall report out, to the Senate, a bill regarding standard sewer districts.

 

 

            Comes from the Senate, READ and PASSED.

 

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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

Thursday, April 25, 2013

SUPPLEMENT NO. 4

 

ENACTORS

 

Emergency Measure

 

            (10-1)  Resolve, To Open Wild Turkey Hunting in Wildlife Management District 27 for the 2013 Spring Turkey Hunting Season

(H.P. 327)  (L.D. 477)
(C. "A" H-96)

 

 

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

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

Thursday, April 25, 2013

SUPPLEMENT NO. 5

 

CONSENT CALENDAR

 

First Day

 

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

 

            (7-1)  (S.P. 135)  (L.D. 355) Bill "An Act To Amend Provisions Relating to the Department of Corrections To Clarify Certain Enforcement Powers"  Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY reporting Ought to Pass as Amended by Committee Amendment "A" (S-38)

 

            (7-2)  (H.P. 256)  (L.D. 381) Bill "An Act To Allow a Court To Order a Person Who Violates a Municipal Ordinance To Perform Community Service Work"  Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY reporting Ought to Pass as Amended by Committee Amendment "A" (H-97)

 

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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

Thursday, April 25, 2013

SUPPLEMENT NO. 6

 

SENATE PAPERS

 

            (1-1)  Bill "An Act To Allow School Administrative Units To Establish Rules, Procedures and Guidelines for Properly Trained Staff To Carry a Concealed Handgun on School Property while Acting in Their Official Capacities"

(S.P. 515)  (L.D. 1429)

 

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

 

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            (1-2)  Bill "An Act To Create an Educational Collaborative To Implement a Program That Enables Career and Technical Education Students To Earn College Credits while Attending High School" (EMERGENCY)

(S.P. 506)  (L.D. 1412)

 

            Comes from the Senate, REFERRED to the Committee on EDUCATION AND CULTURAL AFFAIRS and ordered printed.

 

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