Table of Contents

House Calendar
SENATE PAPERS
COMMUNICATIONS
PETITIONS, BILLS AND RESOLVES REQUIRING REFERENCE
Reference
ORDERS
SPECIAL SENTIMENT CALENDAR
Recognizing:
In Memory of:
REPORTS OF COMMITTEE
Change of Committee
Ought to Pass
Divided Report
CONSENT CALENDAR
First Day
BILLS IN THE SECOND READING
House
House as Amended
ENACTORS
Regular
Acts
Resolves
ORDERS OF THE DAY
UNFINISHED BUSINESS
NOTICE
SUPPLEMENT NO. 1
SENATE PAPERS
SUPPLEMENT NO. 4
CONSENT CALENDAR
First Day
NOTICE
SUPPLEMENT NO. 5
REPORTS OF COMMITTEE
Divided Report
SUPPLEMENT NO. 6
REPORTS OF COMMITTEE
Divided Report
SUPPLEMENT NO. 7
REPORTS OF COMMITTEE
Divided Report
SUPPLEMENT NO. 8
REPORTS OF COMMITTEE
Divided Report
SUPPLEMENT NO. 11
REPORTS OF COMMITTEE
Divided Report

 


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


38th Legislative Day

Tuesday, May 7, 2013

 

            Calling of the House to Order by the Speaker.

 

            Prayer by Chaplain Mary Bickerstaff-Whitney, New Gloucester Fire and Rescue.

 

            National Anthem by Cindy Morin, Greene.

 

            Pledge of Allegiance.

 

            Doctor of the day, Eric Tweedie, M.D., Bangor.

 

            Reading of the Journal of Thursday, May 2, 2013.

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SENATE PAPERS

 

            (1-1)  Bill "An Act To Amend the Labor Laws as They Relate to Payment for Required Medical Examinations"

(S.P. 559)  (L.D. 1498)

 

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

 

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Non-Concurrent Matter

 

            (1-2)  RESOLUTION, Proposing an Amendment to the Constitution of Maine To Reduce the Size of the Legislature

(H.P. 109)  (L.D. 134)

 

            Majority (9) OUGHT NOT TO PASS Report of the Committee on STATE AND LOCAL GOVERNMENT READ and ACCEPTED in the House on April 30, 2013.

 

            Comes from the Senate with the Minority (3) OUGHT TO PASS AS AMENDED Report of the Committee on STATE AND LOCAL GOVERNMENT READ and ACCEPTED and the RESOLUTION PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-104) in NON-CONCURRENCE.

 

 

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COMMUNICATIONS

 

 


 

 

            (2-1)  The Following Communication: (H.P. 1080)

 

CITY OF PORTLAND

IN THE CITY COUNCIL

 

RESOLUTION OPPOSING BUDGET PROPOSALS TO SHIFT BURDEN
OF FUNDING STATE GOVERNMENT TO THE PROPERTY TAX
AND PROPERTY TAX PAYER

 

WHEREAS, the Governor has submitted a proposed budget for the coming biennium that will dramatically shift the burden of funding state government to the property tax and property tax payers by eliminating or significantly modifying long-standing property tax relief programs; and

 

WHEREAS, the Governor's proposed budget would result in the City of Portland losing almost $11.5 million dollars in funds as a result of proposals related to revenue sharing, teacher retirement, general assistance and the business equipment tax reimbursement (BETR) program; and

 

WHEREAS, the reductions in funding outlined in the proposed budget would significantly increase property taxes and compromise the City's ability to meet its resident's expectations and needs, as well as offer basic public services; and

 

WHEREAS, the City has always worked to maintain an effective partnership with state government; and

 

WHEREAS, this budget proposal significantly alters the City's partnership with the State and undermines the City's economic development and job creation efforts; and

 

WHEREAS, this budget proposal places a greater burden on Portland taxpayers to provide a quality education;

 

NOW, THEREFORE, BE IT RESOLVED, that the undersigned members of the Portland City Council strongly oppose the provisions in the Governor's recently proposed budget that would significantly shift the burden of funding state government to the property tax and property taxpayer. These proposals will dramatically increase property taxes in the City of Portland, taxes which often are unrelated to the ability of property owners to pay, and will require spending reductions which will call into question our ability to protect the health, safety and welfare of our community and provide our residents with government services; and

 

BE IT FURTHER RESOLVED, that the City Clerk shall forward a copy of this Resolution and the Council's action on it to the members of the Legislature representing the City of Portland, the members of the Appropriations and Taxation Committees, the Governor, the Speaker of the House, the President of the Senate and to Legislative leadership.

 

S/Michael F. Brennan

S/John M. Anton

S/Kevin J. Donoghue

S/Jill C. Duson

S/Edward J. Suslovic

S/John R. Coyne

S/David A. Marshall

S/Nicholas M. Mavodones

 

I, Katherine Jones, Clerk of the City of Portland, Maine do hereby certify that the foregoing Resolution, proposed by the City Council, was duly passed and adopted in the Council of the City of Portland, Maine at a meeting thereof assembled this 1st day of April, 2013, by the following vote:

 

Yes: 8

Nays: 0

Absent: 1 (councilor Leeman)

 

Seal:   S/Katherine L. Jones

A TRUE COPY

ATTEST: S/Katherine L. Jones

City Clerk

Portland, Maine

Date:   4/30/2013

 

 

_________________________________

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            (2-2)  The Following Communication: (H.P. 1081)

 

CITY OF OLD TOWN, MAINE

IN CITY COUNCIL

 

March 21, 2013

 

RESOLVE:  Preservation of Revenues Used to Offset the Property Tax Burden

 

WHEREAS, Governor LePage has proposed a State budget which would have a significant and negative impact on local municipal services and local property taxes; and

 

WHEREAS, This State budget proposal calls for redirecting a portion of sales and income tax revenues, collected under the Revenue Sharing Program, away from municipalities and redirecting them to the State of Maine to balance the State budget; and

 

WHEREAS, This State budget proposal also calls for redirecting commercial vehicle excise tax revenues away from municipalities and redirecting them to the State of Maine to balance the State Budget; and

 

WHEREAS, This State budget proposal dramatically curtails the Homestead and Circuit Breaker programs, both programs designed to keep local residential property taxes low; and

 

WHEREAS, This State budget proposal call for the elimination of the BETR program that reimburses municipalities for some lost personal property taxes; and

 

WHEREAS, This State budget proposal shifts a portion of the cost of teacher's retirement fund to municipalities; and

 

WHEREAS, This proposed State budget is now before the Legislature for consideration;

 

NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL AS FOLLOWS:

 

THAT the Old Town City Council strongly opposes each of these recommendations and encourages our local delegation to also oppose any of these measures in full; and

 

THAT the Old Town City Council requests our local delegation to support the preservation and full restoration of each of these programs.

 

Sponsor:  City Council

Originator:  City Manager

 

Council Resolve to preserve revenues used to offset local property tax burden was presented and voted upon on March 21, 2013 as follows;

 

Yeas 5                        Nays 0            Absent 2

 

ATTEST:        S/Patricia A. Brochu, CMC

City Clerk-Old Town, ME

 

 

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            (2-3)  The Following Communication: (H.P. 1082)

 

CITY OF WESTBROOK, MAINE

CITY COUNCIL

 

 

April 22, 2013

 

RESOLVED:                         #2013-11

 

RESOLUTION OPPOSING GOVERNOR'S BIENNIAL BUDGET

 

RESOLVE, Expressing the Opposition of the City Council of the City of Westbrook to Proposals to Shift the Burden of Funding State Government to the Property Tax and Property Tax Payer.

 

WHEREAS, the State Administration has submitted a proposed budget for the coming biennium that will dramatically shift the burden of funding state government to the property tax by eliminating or significantly modifying long-standing property tax relief programs; and

 

WHEREAS, the proposal to suspend municipal revenue sharing would result in a $1,455,480 revenue loss to the City of Westbrook; and

 

WHEREAS, the proposal to redirect the excise tax on tractor trailers will reduce the City's revenues by an additional $58,000; and

 

WHEREAS, eliminating the homestead exemption in FY 15 for those under 65 will increase taxes for no longer qualifying residents by $174 in that year if the City's tax rate remains unchanged; and

 

WHEREAS, low and moderate income residents under the age of 65 who now qualify for the state property tax circuit breaker program will no longer qualify for it in the coming budget year; and

 

WHEREAS, starting in the second year of the biennium, the business equipment tax reimbursement program (BETR), under which businesses are fully reimbursed for property taxes paid on certain business equipment, will be eliminated with most qualifying property transferred to the business equipment tax exemption program (BETE).  Under this program, the City will be reimbursed by the State for 60% of the taxes due, reducing City revenues by an estimated $478,500 in FY 15; and

 

WHEREAS, the elimination of the business equipment tax reimbursement (BETR) and the modification to the business equipment tax exemption (BETE) will have a significant impact on the City's commercial taxpayers, many of whom make-up the economic engine for the State of Maine, providing jobs and good paying salaries and benefits.  The elimination of the BETR program will adversely impact the retail sector, a sector who will not qualify under the BETE program.  Additionally, all businesses within the BETR program will experience an 18 month void in State reimbursement until those businesses qualify for BETE program funds; and

 

WHEREAS, if enacted, these changes will reduce City revenues by at least $1,513,580 in FY 14 and $1,992,080 in FY 15; and

 

WHEREAS, to replace these revenues through property taxation, the City's tax rate would have to increase by approximately $0.62 in FY 14 and an additional $0.26 in FY 15 before considering any other expenditure increases that may be required; and

 

WHEREAS, alternatively, reducing expenditures by this amount would require eliminating general fund expenditures and dramatically reducing community services and staffing; and

 

WHEREAS, further staffing and expenditure reductions of this magnitude would undermine the City's ability to provide local public services; and

 

WHEREAS, even a balance between tax increases and spending cuts would result in much higher property taxes in return for services that would no longer meet resident expectations or needs;

 

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WESTBROOK, that the City Council hereby expresses its strong opposition to provisions included in the recently proposed state budget that would significantly shift the burden of funding state government to the property tax and property taxpayer.  These proposals will dramatically increase property taxes in Westbrook, taxes which often are unrelated to the ability of property owners to pay, and will require spending reductions which will call into question our ability to protect the health and welfare of our community and provide our residents with government services; and

 

BE IT FURTHER RESOLVED, that the City Clerk is directed to provide copies of this RESOLVE to the members of the Legislature representing the City of Westbrook, members of the Appropriations and Taxation Committees, the Governor, the Speaker of the House, the President of the Senate and the Legislative leadership.

 

A TRUE COPY ATTEST:

S/Lynda D. Adams

City Clerk, Westbrook, Maine

DATED: May 2, 2013

 

S/Colleen Hilton

Mayor

Date: 4/22/13

 

 

_________________________________

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            (2-4)  The Following Communication: (H.P. 1083)

 

TOWN OF BRIDGTON

3 CHASE STREET, SUITE #1

BRIDGTON, MAINE  04009

 

April 25, 2013

 

Honorable Justin L. Alfond

President of the Senate

3 State House Station

Augusta, Maine 04333

 

Honorable Mark W. Eves

Speaker of the House

2 State House Station

Augusta, Maine 04333

 

RE: Impacts to the Town of Bridgton-Loss of Revenues and Required Retirement Payments

 

President Alfond and Speaker Eves:

 

As the elected officials for the Town of Bridgton and members of the M.S.A.D. #61, we have consistently advanced our citizen's needs and concerns through the local budget process.  As a rural western Maine region, we have also endured the inequities that often come from the formulas developed at the state level when it comes to the revenues and requirements imposed.  In no one year in our past have we ever faced the daunting task of meeting our citizen's needs while experiencing the loss of revenues to our community and the unconscionable shifting of the State's share of the Maine Teachers Retirement System to what is now a 100% local cost.  When combined, the impacts are forcing us to raise our local tax rate in excess of $.56 which represents a minimum increase of 4% before we attempt to meet our local operational and maintenance requirements for FY 2014.

 

The M.S.A.D. #61, by virtue of the State's education formula, already has inequities such as the fact that as a rural area, our pupil transportation costs far exceed those of the urban and metro areas of the state.  When this formula is used to determine prior year essential program and services support, once again we came up short and had to make up the difference at the expense of our local tax payers.  Added to this insult, the decision to require the State's share of the Teacher Retirement System, our M.S.A.D. had to absorb 100% of this cost or over $357,000 while we see the urban and metro regions fairing far better with shares below 60%.

 

We are also facing additional burdens that are still part of the State's budgeting efforts.  Our average per student cost is almost $10,000 and we have at least 9 students who may opt to transfer to a charter school for which we will become 100% responsible.  That means close to $90,000 of local tax dollars will leave this community and M.S.A.D. to be exported to another region leaving fewer dollars for the very academics which are the key to our local economy and an individual's success in their adult life.

All of this is in light of the facts that our region and specifically the Town of Bridgton has one of the highest percentages of students who qualify for Free and Reduced lunches.  The inequities are unfathomable!

 

The efforts to balance the state's fiscal affairs by transferring the tax burden to our community and M.S.A.D. is a slap in the face to our citizens and their future.  As we review the Governor's original proposals, the calculations for our community indicate that we come up short; that the model as proposed is a complete tax shift and represents such a narrow perspective that it leaves us with a greater concern for the future.  Labeling this as "getting our house in fiscal order" is nothing less than a carefully orchestrated charade at the expense of every local tax payer.

 

We ask that as the legislative leaders of our great state, you bring both aisles together to cease the efforts of this tax and burden shift and preserve the integrity of the past relationships between the municipalities, education community and the State.  As we have heard from many of our citizens, the best way we can describe their feelings is by asking you to "STOP THIS INSANITY."

 

In the coming weeks we will continue to observe and respond.  We hope that you are listening to echoes of these concerns and hearing that this is not an acceptable approach.  Please distribute this letter to all of the legislative members of our state government.

 

The Select Board of the Town of Bridgton,

 

S/Mr. Paul E. Hoyt, Chairman

S/Mr. Douglas A. Taft, Vice Chair

S/Mr. Robert F. Woodward

S/Mr. Bernard N. King, Jr.

S/Mr. Robert J. McHatton, Sr.

 

 

_________________________________

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            (2-5)  The Following Communication: (H.P. 1086)

 

TOWN OF SCARBOROUGH, MAINE

US ROUTE ONE, PO BOX 360

SCARBOROUGH, MAINE  04070-0360

 

RESOLUTION 13-03

RESOLUTION IN OPPOSITION TO LD 300

 

BE IT RESOLVED, by the Town Council of the Town of Scarborough, Maine, in Town Council assembled that,

 

WHEREAS, the property taxpayers of Scarborough are obligated to fund education for their K-12 students under the laws of the State of Maine; and

 

WHEREAS, more than 65 percent of Scarborough property taxes are spend to support education in the Scarborough School District; and

 

WHEREAS, one of the largest line item expenses in the school's budget is for the cost of health care insurance for teachers, administrators and support staff; and

 

WHEREAS, competition most often produces lower prices for goods and services and improves understanding of the value of such goods and services; and

 

WHEREAS, the 125th Maine Legislature passed LD 1326 An Act To Allow School Administrative Units To Seek Less Expensive Health Insurance Alternatives and the bill was signed into law by the governor to enable the release of health insurance loss data to individual school districts for the purpose of understanding and soliciting competitive proposals for health insurance; and

 

WHEREAS, LD 1326, having been in effect for less than one year, breaks a decades-long virtual monopoly by the Maine Education Association Benefits Trust over local health insurance costs by concealing the loss data for individual school districts; and

 

WHEREAS, the United States Federal Court in Maine and the United States Federal Court of Appeals in Boston both have rejected arguments by the Maine Education Association Benefits Trust that attempted to block implementation of this insurance reform; and

WHEREAS, the Legislative Policy Committee of the Maine Municipal Association voted to oppose LD 300;

 

NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Scarborough, that the Town Council hereby urges the 126th Legislature to reject LD 300, or any other legislation that restricts access to local loss data and designates the Town Manager to communicate the Town Council's opposition to this bill's sponsors, other legislators, the Joint Standing Committee on Insurance and Financial Services and other municipal officials; and

 

BE IT FURTHER RESOLVED, that the Town Council encourages the Scarborough Board of Education to adopt a similar resolve showing its opposition to LD 300.

 

Signed and sealed this the 1st day of May, 2013, on behalf of the Scarborough Town Council and the Town Manager of Scarborough, Maine.

 

S/Ronald D. Ahlquist

Council Chair

 

Attested by:

S/Yolande P. Justice

Town Clerk

 

 

_________________________________

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            (2-6)  The Following Communication: (H.C. 147)

 

                        and accompanying veto, item (2-7)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

1 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0001

 

May 3, 2013

 

The 126th Legislature of the State of Maine

State House

Augusta, Maine

 

Dear Honorable Members of the 126th Legislature:

 

Under the authority vested in me by Article IV, Part Third, Section 2 of the Constitution of the State of Maine, I am hereby vetoing LD 405, "An Act To Increase Municipal Agent Fees for Licensing and Registration of Motor Vehicles."

 

This bill simply allows towns to raise the fees they charge to Maine people.  The problems we face in Maine do not stem from a lack of government taking money from its citizens.  Rather, we struggle attracting good paying careers, since those businesses who are looking to invest are turned off by our high energy prices, significant tax burden, and unpredictable regulatory environment.  Those of us in Augusta should be focused on working to grow our economy, since, as President John F. Kennedy said, "a rising tide lifts all boats."

 

Additionally, I question why the Legislature seems so focused on passing bills without significant support, especially when they are likely to receive a veto on my desk.  Too much time and energy is wasted by forcing action on these minor bills for political gain, while the real issues – paying our hospitals and balancing our budget – continue to languish.  It is time to roll up our sleeves and really get to work.

 

For these reasons, I return LD 405 unsigned and vetoed.  I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

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            (2-7)  The accompanying item An Act To Increase Municipal Agent Fees for Licensing and Registration of Motor Vehicles

(H.P. 280)  (L.D. 405)

 

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            (2-8)  The Following Communication: (H.C. 149)

 

STATE OF MAINE

HOUSE OF REPRESENTATIVES

SPEAKER'S OFFICE

AUGUSTA, MAINE  04333-0002

 

May 2, 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 3, Chapter 10 §227 of the Maine Revised Statutes, I have appointed Representative Mark N. Dion of Portland to the Maine-Canadian Legislative Advisory Commission.

 

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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            (2-9)  The Following Communication: (H.C. 150)

 

STATE OF MAINE

HOUSE OF REPRESENTATIVES

SPEAKER'S OFFICE

AUGUSTA, MAINE  04333-0002

 

May 3, 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 621, §24001 of the Maine Revised Statutes, I have appointed Mary-Anne LaMarre of Oakland to serve as a parental member of the Maine Children's Growth Council.

 

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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            (2-10)  The Following Communication: (H.C. 148)

 

STATE OF MAINE

CLERK'S OFFICE

2 STATE HOUSE STATION

AUGUSTA, MAINE 04333-0002

 

May 7, 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:"

 

Criminal Justice and Public Safety

L.D. 188         An Act To Criminalize Possession of a Suspended or Revoked Concealed Handgun Permit

L.D. 335         An Act To Review Firearm Laws in the State

L.D. 771         An Act To Amend the Laws Governing Reciprocity for Concealed Handguns Permits

L.D. 997         An Act To Establish Restrictions on Ammunition Feeding Devices

L.D. 1053       An Act Regarding a Retired Law Enforcement Officer Carrying a Concealed Handgun without a Permit

L.D. 1182       An Act Regarding the Disposition of Firearms in State Custody

 

Education and Cultural Affairs

L.D. 18           An Act To Fund Public Education for Kindergarten to Grade 12 at 55%

L.D. 299         RESOLUTION,  Proposing an Amendment to the Constitution of Maine To Require the State Share of Education Funding To Be at Least Fifty-five Percent of the Total Cost and One Hundred Percent of the Cost of Special Education

L.D. 529         Resolve, Directing the Department of Education To Develop Safety Standards for School Access  (EMERGENCY)

L.D. 623         An Act To Promote the Attainment of Higher Education Degrees

L.D. 723         An Act To Ensure the Proper Treatment of Bullying Situations in Schools

L.D. 742         An Act To Amend the Regional School Unit Budget Validation Process

L.D. 750         An Act To Make the Completion of an Internship a Requirement for High School Graduation

L.D. 792         An Act To Ensure That Essential Programs and Services Targeted Funding Follows the Secondary Student

L.D. 823         An Act To Require Institutions of Higher Learning To Comply with the Federal Americans with Disabilities Act

L.D. 862         An Act To Assist York County Community College

L.D. 959         An Act To Require That Seed Money Generated at an Individual College of the Maine Community College System Be Returned to That College for the Purpose of Enhancement

L.D. 994         An Act To Change the State's Share of Education Costs Including Teacher Retirement Costs  (EMERGENCY)

L.D. 1055       An Act To Create a Maine Financial Education Portal

L.D. 1083       Resolve, Directing the Department of Education To Develop a Process To Provide Alternative Pathways To Learning for Certain High School Students

L.D. 1322       An Act To Amend the Laws Governing the Withdrawal of a Municipality from a Regional School Unit  (EMERGENCY)

 

Health and Human Services

L.D. 536         An Act To Improve the Efficiency of Use of MaineCare Funds

L.D. 1214       An Act To Require a Mandatory Assessment by a Physician prior to Psychotropic or Electroconvulsive Therapy

 

Inland Fisheries and Wildlife

L.D. 601         An Act To Require That Certain Changes in Conservation Law Not Be Made by Rule

L.D. 1005       An Act To Assist Hunters Transporting Animals for Registration

 

Insurance and Financial Services

L.D. 546         An Act To Improve Transparency and Oversight of the Maine Guaranteed Access Reinsurance Association and To Make Changes Necessary To Comply with Federal Law

L.D. 971         An Act Regarding Exemptions under the Maine Insurance Code

L.D. 1067       An Act To Allow Certain Small Retail Businesses To Pass Credit and Debit Card Transaction Fees on to Consumers

 

Judiciary

L.D. 522         An Act To Amend the Guardian Ad Litem Laws

L.D. 551         An Act To Establish Certification Standards for Guardians Ad Litem

L.D. 1081       An Act To Establish Legislative Standing in Judicial Proceedings

 

Labor, Commerce, Research and Economic Development

L.D. 1341       An Act Directing the Department of Economic and Community Development To Establish a Program To Promote Economic Growth and Development

L.D. 1351       An Act To Attract Military Families to Maine

 

Marine Resources

L.D. 810         Resolve, To Amend the Lobster Trap Tag System Rules for Certain Zones

L.D. 1097       An Act To Allow the Sale of Incidentally Caught Lobsters

 

Taxation

L.D. 316         An Act To Provide Property Tax Relief for Noncombat Veterans

L.D. 1207       An Act To Expand the Property Tax Exemption for Veterans Who Are 100% Disabled

L.D. 1226       An Act To Improve Maine Veterans' Property Tax Exemptions

 

Veterans and Legal Affairs

L.D. 606         An Act To Amend the Law Concerning Landlord and Tenant Relationships

L.D. 860         An Act To Require That the Governor, Senators and Members of the House of Representatives Be Elected by the Ranked-choice Voting Method

L.D. 1086       An Act To Revise the Laws Governing Candidate Nominations by Petition

L.D. 1219       An Act To Establish a Run-off Process for the Election of the Governor, United States Senator or United States Representative

L.D. 1358       An Act To Amend the Election Laws To Require a Run-off Election for Governor

 

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

 

Sincerely,

 

S/Millicent M. MacFarland

Clerk of House

 

 

_________________________________

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PETITIONS, BILLS AND RESOLVES REQUIRING REFERENCE

 

 

            (3-1)  Bill "An Act To Create a Public State Bank"

(H.P. 1078)  (L.D. 1508)

 

Sponsored by Representative RUSSELL of Portland.

Cosponsored by Representatives: BEAVERS of South Berwick, EVANGELOS of Friendship, HAMANN of South Portland, MacDONALD of Boothbay.

 

            (3-2)  Bill "An Act Making Unified Appropriations and Allocations for the Expenditures of State Government, General Fund and Other Funds and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2014 and June 30, 2015" (EMERGENCY)

(H.P. 1079)  (L.D. 1509)

 

Sponsored by Representative CHASE of Wells.  (GOVERNOR'S BILL)

Cosponsored by Senator HILL of York and Representative: ROTUNDO of Lewiston, Senator: FLOOD of Kennebec.

 

            Committee on APPROPRIATIONS AND FINANCIAL AFFAIRS suggested and ordered printed.

 

_________________________________

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            (3-3)  Bill "An Act To Increase the Availability of Mental Health Services"

(H.P. 1087)  (L.D. 1515)

 

Sponsored by Representative MALABY of Hancock.  (GOVERNOR'S BILL)

 

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

 

_________________________________

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            (3-4)  Bill "An Act To Expand Student Access to Certain Career Information and Opportunities"

(H.P. 1076)  (L.D. 1502)

 

Sponsored by Representative FREDETTE of Newport.  (GOVERNOR'S BILL)

Cosponsored by Senator CUSHING of Penobscot and Representatives: CRAFTS of Lisbon, GIFFORD of Lincoln, JOHNSON of Greenville, KESCHL of Belgrade, KINNEY of Limington, WEAVER of York, Senator: TUTTLE of York.

 

            (3-5)  Bill "An Act To Ensure Student Access to Postsecondary Military Options"

(H.P. 1077)  (L.D. 1503)

 

Sponsored by Representative FREDETTE of Newport.  (GOVERNOR'S BILL)

Cosponsored by Senator CUSHING of Penobscot and Representatives: CRAFTS of Lisbon, GIFFORD of Lincoln, JOHNSON of Greenville, KESCHL of Belgrade, KINNEY of Limington, WEAVER of York, Senators: JACKSON of Aroostook, TUTTLE of York.

 

            (3-6)  Bill "An Act To Ensure Statewide School Accountability and Improvement"

(H.P. 1085)  (L.D. 1510)

 

Sponsored by Representative JOHNSON of Greenville.  (GOVERNOR'S BILL)

Cosponsored by Senator LANGLEY of Hancock and Representatives: McCLELLAN of Raymond, POULIOT of Augusta, Senators: CUSHING of Penobscot, THIBODEAU of Waldo.

 

            Committee on EDUCATION AND CULTURAL AFFAIRS suggested and ordered printed.

 

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            (3-7)  Bill "An Act To Apply the Precautionary Principle to Decision Making in Certain State Agencies"

(H.P. 1075)  (L.D. 1501)

 

Sponsored by Representative BOLAND of Sanford.

Cosponsored by Representatives: HARLOW of Portland, JONES of Freedom, KUSIAK of Fairfield.

 

            Committee on STATE AND LOCAL GOVERNMENT suggested and ordered printed.

 

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ORDERS

 

            (4-1)  On motion of Representative ROTUNDO of Lewiston, the following Joint Order:  (H.P. 1084)

 

            ORDERED, the Senate concurring, that the Joint Standing Committee on Labor, Commerce, Research and Economic Development shall study whether to license water treatment specialists and may report out a bill to the Second Regular Session of the 126th Legislature implementing the committee's recommendations on matters relating to the study.

 

 

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SPECIAL SENTIMENT CALENDAR

 

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

 

Recognizing:

 

            (5-1)  the following members of the Oxford Hills Comprehensive High School Girls Combined Ski Team, who have won the 2013 Class A Girls State Championship:  Alpine Ski Team members Colleen Stauder, Amanda Hanning, Annika Kahkonen, Miranda Murphy, McKayla Ivey, Ellen Bessette and coach Mike Grace; Nordic Ski Team members Eva Gabrielsen, India Lucas, Moriah Lee, Julia Dillon, Mary Bryce, Alyssa Andrews, Emily Cormier and coach Chris Easton.  We extend our congratulations and best wishes to the members of the team on this achievement;

 

(SLS 109)

 

 

            (5-2)  Sarah Hudson, of Castine, on the occasion of her retirement after 24 years of dedicated service with Maine Maritime Academy.  Ms. Hudson joined the staff at Maine Maritime Academy in 1989 as an Associate Professor.  While at the Academy, she trained thousands of midshipmen and area volunteers in emergency medical care, for EMT certification and for United States Coast Guard licenses in ship medicine.  She founded the Bagaduce Ambulance Corps in 1977, trained its members and oversaw its services until 2012.  Ms. Hudson was named the Citizen of the Year by Governor John Baldacci in 2003 for her contributions to emergency medical services and for the number of lives she has saved.  She teaches CPR and first aid to elementary school children, fire departments and EMS response teams.  She also served on the American Heart Association regional board for 25 years.  We extend our appreciation to Ms. Hudson for her commitment to the citizens of the State and wish her well in her future endeavors;

 

(SLS 291)

 

 

            (5-3)  Ali Clair, of China, who was crowned Miss Maine USA 2013 at the Samoset Resort in Rockport.  Ms. Clair graduated cum laude from the University of Maine in 2011.  A health fitness enthusiast, she is currently researching a master's degree program in the health and fitness management field.  Ms. Clair regularly volunteers for Special Olympics and Tri for a Cure.  We congratulate Ms. Clair on her being crowned Miss Maine USA 2013 and send her our best wishes;

 

(SLS 292)

 

 

            (5-4)  Sheriff William F. Clark, of Ellsworth, who is the recipient of the 2013 Citizen of the Year Award from the Ellsworth Area Chamber of Commerce.  The award is given to an outstanding individual who embodies community spirit through volunteerism, civic involvement and advocacy.  Sheriff Clark has been with the Hancock County Sheriff's Department for more than 30 years.  He has volunteered as a Little League coach, served as president of several organizations, including the Ellsworth Snowmobile Club, Woodbine Cemetery and the Open Door Recovery Center and has been a very active volunteer for the Sheriff's Cup Basketball Tournament, the Christmas Is for Kids project and Winter Carnival.  Besides his work with the Open Door Recovery Center, he has been instrumental in many substance abuse education programs and treatment facilities, including the county's D.A.R.E. (Drug Abuse Resistance Education) program and the Hancock County Drug Task Force.  We extend our appreciation to Sheriff Clark for his commitment to the citizens of the State and congratulate him on his receiving this award;

 

(SLS 293)

 

 

            (5-5)  Brenna Trefethen, of Wells, a senior at Wells High School, who is the recipient of a Daughters of the American Revolution Good Citizen Award for her dependability, leadership, service and patriotism.  We extend our congratulations to Brenna on her receiving this award;

 

(SLS 295)

 

 

            (5-6)  Laura Benedict, of Hallowell, owner of the Red Barn Restaurant in Augusta, who was the recipient of the 2013 Outstanding Citizen Award from Le Club Calumet for her dedicated service to the community.  Le Club Calumet is one of the foremost civic organizations in the Augusta area and in the State and the Outstanding Citizen Award is given to a nonmember of Le Club Calumet for their contributions to the community.  Ms. Benedict is on the United Way of Kennebec Valley board of directors and is closely involved with dozens of nonprofit organizations, such as Special Olympics, the Augusta Food Bank, animal shelters, the Colonial Theatre and the Salvation Army Toy Run.  She is a former recipient of the Spirit of America Award, given to honor community service.  We extend our congratulations and best wishes to Ms. Benedict on her receiving the 2013 Outstanding Citizen Award from Le Club Calumet;

 

(SLS 296)

 

 

            (5-7)  Marvin Druker, of Lewiston, Professor of Public Affairs at University of Southern Maine Lewiston-Auburn College, on the occasion of his retirement.  A founding member of the faculty of University of Southern Maine Lewiston-Auburn College, where he was hired in 1988, Dr. Druker teaches classes on public administration, research and statistics and also on organizational change and development.  He has served as President of the Maine Chapter of the American Society for Public Administration.  Dr. Druker has twice served as Interim Dean and began the work that resulted in 2 substantial grants for the school.  We send him our appreciation for his many years of commitment to his profession, to the university system and to the State.  We send him our congratulations and best wishes on his retirement;

 

(SLS 300)

 

 

            (5-8)  John Braley, of Damariscotta, a member of Boy Scout Troop No. 213, who has attained the high rank and distinction of Eagle Scout.  This is the highest award in Boy Scouting and is given for excellence in skills development, leadership, personal growth and community service.  For his Eagle Scout service project, John built a 110-foot boardwalk over a section of trail that leads to Little Pond.  We extend our congratulations to him on this achievement;

 

(SLS 301)

 

 

            (5-9)  Walter and Blanche Parker, of Lisbon Falls, on the occasion of their 70th Wedding Anniversary.  Mr. and Mrs. Parker were married on March 23, 1943 at the Parker home in Durham.  They are the parents of 4 children and have 10 grandchildren, 10 great-grandchildren and 5 great-great-grandchildren.  We extend our congratulations and best wishes to Mr. and Mrs. Parker on this special anniversary;

 

(SLS 302)

 

 

            (5-10)  Alfred and Dorothy Smith, of Lisbon Falls, as they celebrate their 50th Wedding Anniversary.  Mr. and Mrs. Smith were married in Lisbon by the Reverend Gerry Plummer on January 26, 1963.  They are the parents of 3 daughters and have 9 grandchildren and 3 great-grandchildren.  We extend our congratulations and best wishes to Mr. and Mrs. Smith on their Golden Wedding Anniversary;

 

(SLS 303)

 

 

            (5-11)  Georgia F. Randall, of Belfast, on the occasion of her 100th birthday, May 21, 2013.  Mrs. Randall graduated from Crosby High School and studied nursing at Waldo County General Hospital School of Nursing, becoming a registered nurse in 1934.  She enlisted in the United States Army, serving as a First Lieutenant during World War II in the Army Nurse Corps in Australia and New Guinea.  Following her service in the United States Army, Mrs. Randall worked as a registered nurse and night supervisor of nurses at the Knox County General Hospital in Rockland and at the Camden Community Hospital until her retirement in 1982.  In 2011, she was honored as a Paul Harris Fellow by Rotary International in recognition of her service to the community.  She is a member of the Daughters of the American Revolution and of the First Church in Belfast.  We extend our congratulations and best wishes to Mrs. Randall on the centennial celebration of her life;

 

(SLS 304)

 

 

            (5-12)  The Ellsworth American, which is the recipient of the 2013 Top Drawer Award from the Ellsworth Area Chamber of Commerce. The award is given annually to a member that has made a substantial contribution to the growth, development and improvement of the region.  Started in 1851 under the masthead The Ellsworth Herald, The Ellsworth American is the longest running weekly newspaper in Hancock County and the second oldest in Maine.  The paper's current management helped to open a new, modern facility at One Printing House Square in downtown Ellsworth in 1996.  It became the first weekly paper in New England to go "computer to plate" in February 2006 and in 2009, paid digital subscriptions were first offered and a free community website was launched.  The paper has received numerous state, regional and national print awards in recognition for editorial content, layout and photography.  We extend our congratulations to The Ellsworth American on its receiving this award;

 

(SLS 305)

 

 

            (5-13)  Norm Gagne, of Auburn, who has been inducted into the Auburn-Lewiston Sports Hall of Fame.  Mr. Gagne graduated from Edward Little High School in 1963 and was a 3-sport athlete.  He has been a longtime hockey coach in Maine, coaching at Waterville, Lewiston, Gorham and now Scarborough.  He ranks third among all high school hockey coaches in the nation for the most wins and has coached 6 state championship teams.  He was named the Northern New England Coach of the Year 3 times and was a nominee for the American Hockey Coaches Association's John Mariucci Award.  We extend our congratulations to Mr. Gagne on his induction into the Hall of Fame;

 

(SLS 306)

 

 

            (5-14)  Robert Soohey, of Whitefield, a senior at Erskine Academy, 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 Robert on his receiving this award;

 

(HLS 208)

Presented by Representative SANDERSON of Chelsea.

Cosponsored by Senator JOHNSON of Lincoln, Senator KATZ of Kennebec, Representative COTTA of China.

 

 

            (5-15)  Frank A. Gleason, Jr., of Anson, on the occasion of his 90th Birthday, May 6, 2013.  Born in Bingham, Mr. Gleason grew up and attended school in Solon.  He entered the United States Army in 1942 and served in the 701st Tank Battalion and fought throughout northern France, the Rhineland and central Europe.  Mr. Gleason saw action in the Battle of the Bulge.  In February of 1944, just before going overseas, he married Thelma Gordon, with whom he had 3 sons.  They were married for 65 years before she died in 2009.  After the service he went to work as a self-employed woodsman and boarding home provider for intellectually handicapped adults.  Mr. Gleason also started pulling horses at fairs and competitions throughout Maine and Canada.  He pulled horses for the last time at the Skowhegan Fair at the age of 83.  He still lives independently at home in Anson and is an active member of CenterPoint Community Church, where he has served on the board of trustees for many years.  We join his family and friends in sending our congratulations and best wishes to Mr. Gleason on this special birthday;

 

(HLS 212)

Presented by Representative DUNPHY of Embden.

Cosponsored by Senator WHITTEMORE of Somerset.

 

 

            (5-16)  Meredith Sleeper, of Caribou, a senior at Caribou 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 Meredith on her receiving this award;

 

(HLS 213)

Presented by Representative McELWEE of Caribou.

Cosponsored by Senator JACKSON of Aroostook.

 

 

            (5-17)  Chaplain David P. Cote, of Caswell, on the occasion of his retirement as the Vicar of St. Peter Chanel Parish.  Chaplain Cote was ordained a priest for the Diocese of Portland on May 18, 1968.  He received his Master's degree in Social Work from Boston College in 1970.  Several Maine parishes have benefited from Chaplain Cote's services.  He held the position of director of St. Michael's Center, was the associate director for children's services at the Diocesan Human Relations Services, Catholic Charities Maine and held the position of program director for Hinckley Home School Farm.  Chaplain Cote entered the United States Air Force chaplaincy in 1985, serving at various CONUS bases and in the United Kingdom, Saudi Arabia, Germany and Italy.  He was the deputy staff chaplain at the United States Air Force Academy and the deputy command chaplain for the United States Air Forces in Europe.  Chaplain Cote retired from the Air Force as Wing Chaplain at Keesler Air Force Base.  We extend our appreciation to Chaplain Cote for his commitment to his Nation and the citizens of the State and extend to him our best wishes on his retirement;

 

(HLS 214)

Presented by Representative AYOTTE of Caswell.

Cosponsored by Senator JACKSON of Aroostook.

 

 

            (5-18)  Emma Faith, of East Waterboro, who has been named Valedictorian of the 2013 graduating class of Massabesic High School.  We extend our congratulations to Emma on this achievement;

 

(HLS 215)

Presented by Representative LIBBY of Waterboro.

Cosponsored by Senator TUTTLE of York.

 

 

            (5-19)  Daniel L. Keller, of Smithfield, a longtime educator in the Waterville public schools, on his induction into the Maine Music Educators Association Hall of Fame.  The Maine Music Educators Association Hall of Fame honors music educators who, by virtue of their contributions, are the most highly regarded professional leaders in the State.  Mr. Keller is Chair of the Visual and Performing Arts Department at Waterville Senior High School and is a strings instructor in the Waterville public schools.  He has been in the Waterville school system since 1981 and taught at Caribou High School from 1976 to 1981.  We send Mr. Keller our appreciation for his commitment to music education and to the youth of Maine, and we congratulate him on his induction into the Maine Music Educators Association Hall of Fame;

 

(HLS 216)

Presented by Representative LONGSTAFF of Waterville.

Cosponsored by Senator SAVIELLO of Franklin, Representative KUSIAK of Fairfield, Senator LACHOWICZ of Kennebec, Representative BECK of Waterville.

 

 

In Memory of:

 

            (5-20)  Roscoe "Lester" Seeley, of Dennysville, and lifetime resident of Washington County and former sheriff's deputy of Washington County.  Upon graduation from Dennysville High School in 1956, Mr. Seeley worked at Woodland Mill and Hallowell's Saw Mill.  He joined the Washington County Sheriff's Office in 1968, where he spent 45 years, beginning as a reserve deputy, then serving as patrol deputy and working his way up to the positions of sergeant and then sheriff's deputy, before retiring in February 2013.  In addition to his dedicated service with the sheriff's office, Mr. Seeley served as an animal control officer and marine patrol officer.  He had been honored with numerous awards over the years in recognition of his commitment to law enforcement, including being appointed as "Honorary Captain" of the Maine State Police, one of only 2 such appointments in Washington County.  Mr. Seeley was a loving father of one son and 4 daughters and a beloved grandfather and great-grandfather.  He will be greatly missed and long remembered by his loving family, his friends and the community he served;

 

(SLS 294)

 

 

 

 

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REPORTS OF COMMITTEE

 

Change of Committee

 

            (6-1)  Report of the Committee on VETERANS AND LEGAL AFFAIRS on Bill "An Act To Discourage Tenants from Damaging Rental Property"

(S.P. 448)  (L.D. 1305)

 

            Reporting that it be REFERRED to the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY.

 

            Comes from the Senate with the Report READ and ACCEPTED and the Bill REFERRED to the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY.

 

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Ought to Pass

 

            (6-2)  Report of the Committee on LABOR, COMMERCE, RESEARCH AND ECONOMIC DEVELOPMENT on Bill "An Act To Ensure the Proportional Offset against Retirement Benefits of Workers' Compensation Awards"

(S.P. 327)  (L.D. 949)

 

            Reporting Ought to Pass.

 

            Comes from the Senate with the Report READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY SENATE AMENDMENT "A" (S-46).

 

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Divided Report

 

            (6-3)  Majority Report of the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY reporting Ought to Pass as Amended by Committee Amendment "A" (S-44) on Bill "An Act To Amend the Laws Governing Probation and Remove References to the Intensive Supervision Program of the Department of Corrections"

(S.P. 250)  (L.D. 701)

            Signed:

            Senators:
                                    DUTREMBLE of York
                                    PLUMMER of Cumberland

            Representatives:
                                    DION of Portland
                                    CASAVANT of Biddeford
                                    KAENRATH of South Portland
                                    LAJOIE of Lewiston
                                    LONG of Sherman
                                    MARKS of Pittston
                                    PEASE of Morrill
                                    PLANTE of Berwick
                                    TYLER of Windham
                                    WILSON of Augusta

            Minority Report of the same Committee reporting Ought to Pass as Amended by Committee Amendment "B" (S-45) on same Bill.

 

            Signed:

            Senator:
                                    GERZOFSKY of Cumberland

            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-44).

 

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            (6-4)  Majority Report of the Committee on INLAND FISHERIES AND WILDLIFE reporting Ought Not to Pass on Bill "An Act Regarding the Driving of Deer"

(H.P. 295)  (L.D. 423)

            Signed:

 

            Representatives:
                                    SHAW of Standish
                                    BRIGGS of Mexico
                                    EVANGELOS of Friendship
                                    KUSIAK of Fairfield
                                    MARKS of Pittston
                                    SHORT of Pittsfield
                                    WOOD of Sabattus

            Minority Report of the same Committee reporting Ought to Pass as Amended by Committee Amendment "A" (H-108) on same Bill.

 

            Signed:

            Senators:
                                    DUTREMBLE of York
                                    BURNS of Washington

            Representatives:
                                    CRAFTS of Lisbon
                                    DAVIS of Sangerville
                                    ESPLING of New Gloucester

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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)  (S.P. 200)  (L.D. 510) Bill "An Act To Ensure Equity in Funding to State Postsecondary Institutions of Higher Learning"  Committee on VETERANS AND LEGAL AFFAIRS reporting Ought to Pass as Amended by Committee Amendment "A" (S-43)

 

            (7-2)  (H.P. 214)  (L.D. 305) Bill "An Act To Eliminate Institute Councils for Mental Health Institutions"  Committee on HEALTH AND HUMAN SERVICES reporting Ought to Pass

 

            (7-3)  (H.P. 239)  (L.D. 334) Bill "An Act To Allow Nonprofit Organizations To Operate Snowmobiles as Trail-grooming Equipment"  Committee on INLAND FISHERIES AND WILDLIFE reporting Ought to Pass

 

            (7-4)  (H.P. 680)  (L.D. 966) Bill "An Act To Clarify an Exemption to the Municipal Subdivision Laws"  Committee on ENVIRONMENT AND NATURAL RESOURCES reporting Ought to Pass

 

            (7-5)  (H.P. 854)  (L.D. 1210) Bill "An Act To Ensure Compliance with the Laws Governing Elections"  Committee on VETERANS AND LEGAL AFFAIRS reporting Ought to Pass

 

            (7-6)  (H.P. 106)  (L.D. 131) Bill "An Act To Secure the Safety of Electrical Power Transmission Lines"  Committee on ENERGY, UTILITIES AND TECHNOLOGY reporting Ought to Pass as Amended by Committee Amendment "A" (H-121)

 

            (7-7)  (H.P. 122)  (L.D. 147) Bill "An Act Regarding Consent for Adoption"  Committee on JUDICIARY reporting Ought to Pass as Amended by Committee Amendment "A" (H-124)

 

            (7-8)  (H.P. 144)  (L.D. 184) Bill "An Act To Enhance Transparency in Government by Implementing a Waiting Period for Legislators before They May Register as Lobbyists"  Committee on VETERANS AND LEGAL AFFAIRS reporting Ought to Pass as Amended by Committee Amendment "A" (H-115)

 

            (7-9)  (H.P. 238)  (L.D. 333) Bill "An Act To Repeal the Provision of Law That Requires the Trade Name or Brand of Malt Liquor To Be Displayed in Full Sight of a Customer on a Faucet, Spigot or Dispensing Apparatus"  Committee on VETERANS AND LEGAL AFFAIRS reporting Ought to Pass as Amended by Committee Amendment "A" (H-120)

 

            (7-10)  (H.P. 271)  (L.D. 396) Bill "An Act To Appropriate Sufficient Funds for Indigent Legal Services"  Committee on JUDICIARY reporting Ought to Pass as Amended by Committee Amendment "A" (H-123)

 

            (7-11)  (H.P. 294)  (L.D. 422) Bill "An Act To Implement the Recommendations of the Task Force on Franco-Americans"  Committee on EDUCATION AND CULTURAL AFFAIRS reporting Ought to Pass as Amended by Committee Amendment "A" (H-116)

 

            (7-12)  (H.P. 404)  (L.D. 585) Bill "An Act To Require the Development of a Statewide Approach to Seaweed Management"  Committee on MARINE RESOURCES reporting Ought to Pass as Amended by Committee Amendment "A" (H-126)

 

            (7-13)  (H.P. 408)  (L.D. 589) Bill "An Act To Strengthen the Law Regarding Texting and Driving"  Committee on TRANSPORTATION reporting Ought to Pass as Amended by Committee Amendment "A" (H-112)

 

            (7-14)  (H.P. 520)  (L.D. 769) Bill "An Act To Create Fairness in Political Party Enrollment Deadlines"  Committee on VETERANS AND LEGAL AFFAIRS reporting Ought to Pass as Amended by Committee Amendment "A" (H-118)

 

            (7-15)  (H.P. 639)  (L.D. 915) Bill "An Act To Expand the Sales Tax Exemption for Certain Public Libraries To Include Sales by Those Libraries or Their Supporting Organizations"  Committee on TAXATION reporting Ought to Pass as Amended by Committee Amendment "A" (H-119)

 

            (7-16)  (H.P. 656)  (L.D. 932) Bill "An Act To Promote Fishing by Youth"  Committee on INLAND FISHERIES AND WILDLIFE reporting Ought to Pass as Amended by Committee Amendment "A" (H-117)

 

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BILLS IN THE SECOND READING

 

 

House

 

            (9-1)  Bill "An Act To Increase Funding to Schools" (EMERGENCY)

(H.P. 459)  (L.D. 667)

 

 

House as Amended

 

            (9-2)  Bill "An Act To Revise the Animal Welfare Laws"

(H.P. 334)  (L.D. 484)
(C. "A" H-107)

 

 

            (9-3)  Bill "An Act To Amend the Social Work Education Loan Repayment Program"

(H.P. 731)  (L.D. 1036)
(C. "A" H-111)

 

 

            Reported by the Committee on Bills in the Second Reading.

 

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ENACTORS

 

Emergency Measure

 

            (10-1)  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

(H.P. 5)  (L.D. 3)

 

 

            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

 

            (10-2)  An Act To Update the Maine HIV Advisory Committee

(S.P. 39)  (L.D. 88)
(C. "A" S-32)

 

            (10-3)  An Act To Amend the Short Form Deeds Act

(H.P. 296)  (L.D. 424)

 

            (10-4)  An Act To Protect Public Health at Public Institutions of Higher Education

(H.P. 318)  (L.D. 468)
(C. "A" H-77)

 

            (10-5)  An Act To Amend the Law Concerning Protection from Abuse Orders To Include Pets

(H.P. 479)  (L.D. 687)

 

            (10-6)  An Act To Ensure the Periodic Review and Revision of Statutory Provisions

(H.P. 536)  (L.D. 785)

 

            (10-7)  An Act To Validate Certain Real Estate Transactions Entered into by a Corporation while Its Charter Was Suspended

(H.P. 600)  (L.D. 849)

 

 

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

 

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Resolves

 

            (10-8)  Resolve, To Direct the Department of Health and Human Services To Study the Ongoing Need for Rental Subsidies to Provider Agencies

(H.P. 262)  (L.D. 387)
(C. "A" H-95)

 

            (10-9)  Resolve, To Study the Issue of Inheritance of Digital Assets

(H.P. 601)  (L.D. 850)

 

 

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

 

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ORDERS OF THE DAY

HOUSE CALENDAR
TUESDAY, MAY 7, 2013

 

UNFINISHED BUSINESS

 

            The following matters, in the consideration of which the House was engaged at the time of adjournment Thursday, May 2, 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.         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.         Expression of Legislative Sentiment Recognizing Monica Wood, of Portland

(HLS 199)

 

TABLED - May 1, 2013 (Till Later Today) by Representative BRIGGS of Mexico.

PENDING - PASSAGE.

 

 

 

 

 

 

 

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STATUTORY ADJOURNMENT DATE JUNE 19, 2013

 

NOTICE

 

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

 

(1)  From the Committee on Agriculture, Conservation and Forestry on Resolve, To Establish a Working Group To Study Issues Relating to Liability of Apiary Owners and Operators

(H.P. 589)  (L.D. 838)

 

Ought Not to Pass  (9 members)
Ought to Pass  (4 members)

 

(2)  From the Committee on Environment and Natural Resources on Bill "An Act To Allow Motor Fuel Containing Five Percent Ethanol To Be Sold in the State"

(H.P. 87)  (L.D. 105)

 

Ought Not to Pass  (9 members)
Ought to Pass  (4 members)

 

(3)  From the Committee on Environment and Natural Resources on Bill "An Act To Join in a Prohibition on Motor Fuel Containing Corn-based Ethanol"

(H.P. 97)  (L.D. 115)

 

Ought to Pass  (7 members)
Ought Not to Pass  (6 members)

 

(4)  From the Committee on State and Local Government on Bill "An Act Allowing Municipalities To Enact Firearms Policies in Local Government Buildings"

(H.P. 794)  (L.D. 1122)

 

Ought Not to Pass  (9 members)
Ought to Pass  (3 members)

 

(5)  From the Committee on Taxation on Bill "An Act To Exempt the Sale of the United States Flag from the Sales Tax"

(H.P. 693)  (L.D. 979)

 

Ought Not to Pass  (10 members)
Ought to Pass as Amended by Committee Amendment "A" (H-122)  (3 members)

 

(6)  From the Committee on Taxation on Bill "An Act Relating to Precious Metal Coins"

(H.P. 705)  (L.D. 1007)

 

Ought Not to Pass  (8 members)
Ought to Pass as Amended by Committee Amendment "A" (H-114)  (5 members)

 

(7)  From the Committee on Transportation on Bill "An Act To Prohibit Herbicide Spraying on Abandoned Railroad Lines"

(H.P. 644)  (L.D. 920)

 

Ought Not to Pass  (12 members)
Ought to Pass as Amended by Committee Amendment "A" (H-113)  (1 member)

 

(8)  From the Committee on Veterans and Legal Affairs on RESOLUTION, Proposing an Amendment to the Constitution of Maine Concerning Early Voting and Voting by Absentee Ballot

(H.P. 131)  (L.D. 156)

 

Ought to Pass as Amended by Committee Amendment "A" (H-127)  (10 members)
Ought Not to Pass  (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, May 7, 2013

SUPPLEMENT NO. 1

 

SENATE PAPERS

 

            (1-1)  Bill "An Act To Reform the Maine Public Employees Retirement System" (EMERGENCY)

(S.P. 572)  (L.D. 1514)

 

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

 

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            (1-2)  Resolve, Directing the Department of Corrections, Department of Education, Department of Health and Human Services and Department of Labor To Support the Statewide Coordinated Services District System

(S.P. 569)  (L.D. 1513)

 

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

 

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            (1-3)  Bill "An Act Regarding Insured Value Factor Payments for Public Tuition Students Attending a Private School"

(S.P. 563)  (L.D. 1505)

 

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

 

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            (1-4)  Bill "An Act To Include Useful Thermal Energy as a Renewable Energy Source"

(S.P. 565)  (L.D. 1507)

 

            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 Increase Funding for Start-ups"

(S.P. 568)  (L.D. 1512)

 

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

 

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            (1-6)  Bill "An Act Regarding Coordinated Access to Public Records of State Agencies"

(S.P. 566)  (L.D. 1511)

 

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

 

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            (1-7)  Bill "An Act To Require Disclosures by 3rd-party Vendors Contracted To Perform Fund-raising"

(S.P. 564)  (L.D. 1506)

 

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

 

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            (1-8)  Resolve, Directing the Adjutant General of the State To Ensure the Maine Code of Military Justice Addresses Sexual Trauma in the Military

(S.P. 562)  (L.D. 1504)

 

            Comes from the Senate, REFERRED to the Committee on VETERANS AND LEGAL AFFAIRS 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, May 7, 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. 923)  (L.D. 1296) 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"  Committee on TRANSPORTATION reporting Ought to Pass

 

            (7-2)  (H.P. 379)  (L.D. 560) Bill "An Act To Establish Maine Seniors Day"  Committee on STATE AND LOCAL GOVERNMENT reporting Ought to Pass as Amended by Committee Amendment "A" (H-132)

 

            (7-3)  (H.P. 424)  (L.D. 605) Bill "An Act To Allow a Minor in the Police Explorer Program To Assist with Traffic Control at Civic Events"  Committee on LABOR, COMMERCE, RESEARCH AND ECONOMIC DEVELOPMENT reporting Ought to Pass as Amended by Committee Amendment "A" (H-130)

 

            (7-4)  (H.P. 559)  (L.D. 808) Bill "An Act To Amend the Laws Concerning Metal Dealers"  Committee on LABOR, COMMERCE, RESEARCH AND ECONOMIC DEVELOPMENT reporting Ought to Pass as Amended by Committee Amendment "A" (H-128)

 

            (7-5)  (H.P. 845)  (L.D. 1201) Bill "An Act To Protect Employees from Abusive Work Environments"  Committee on LABOR, COMMERCE, RESEARCH AND ECONOMIC DEVELOPMENT reporting Ought to Pass as Amended by Committee Amendment "A" (H-129)

 

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NOTICE

 

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

 

(1)  From the Committee on Labor, Commerce, Research and Economic Development on Bill "An Act To Provide Flexibility in the State Prevailing Wage and Benefit Rates"

(H.P. 762)  (L.D. 1069)

 

Ought to Pass as Amended by Committee Amendment "A" (H-131)  (8 members)
Ought Not to Pass  (5 members)

 


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, May 7, 2013

SUPPLEMENT NO. 5

 

REPORTS OF COMMITTEE

 

Divided Report

 

            (6-1)  Majority Report of the Committee on TRANSPORTATION reporting Ought Not to Pass on Bill "An Act To Prohibit Herbicide Spraying on Abandoned Railroad Lines"

(H.P. 644)  (L.D. 920)

            Signed:

            Senators:
                                    MAZUREK of Knox
                                    COLLINS of York
                                    VALENTINO of York

            Representatives:
                                    THERIAULT of Madawaska
                                    GILLWAY of Searsport
                                    NUTTING of Oakland
                                    PARRY of Arundel
                                    PEOPLES of Westbrook
                                    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-113) on same Bill.

 

            Signed:

            Representative:
                                    McLEAN of Gorham

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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, May 7, 2013

SUPPLEMENT NO. 6

 

REPORTS OF COMMITTEE

 

Divided Report

 

            (6-1)  Majority Report of the Committee on AGRICULTURE, CONSERVATION AND FORESTRY reporting Ought Not to Pass on Resolve, To Establish a Working Group To Study Issues Relating to Liability of Apiary Owners and Operators

(H.P. 589)  (L.D. 838)

            Signed:

            Senators:
                                    JACKSON of Aroostook
                                    BOYLE of Cumberland
                                    SHERMAN of Aroostook

            Representatives:
                                    DILL of Old Town
                                    CRAY of Palmyra
                                    KENT of Woolwich
                                    NOON of Sanford
                                    SAUCIER of Presque Isle
                                    TIMBERLAKE of Turner

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

 

            Signed:

            Representatives:
                                    BLACK of Wilton
                                    HICKMAN of Winthrop
                                    JONES of Freedom
                                    MAREAN of Hollis

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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, May 7, 2013

SUPPLEMENT NO. 7

 

REPORTS OF COMMITTEE

 

Divided Report

 

            (6-1)  Majority Report of the Committee on TAXATION reporting Ought Not to Pass on Bill "An Act To Exempt the Sale of the United States Flag from the Sales Tax"

(H.P. 693)  (L.D. 979)

            Signed:

            Senators:
                                    HASKELL of Cumberland
                                    MILLETT of Cumberland

            Representatives:
                                    GOODE of Bangor
                                    BROOKS of Winterport
                                    KNIGHT of Livermore Falls
                                    LIBBY of Lewiston
                                    MAREAN of Hollis
                                    MOONEN of Portland
                                    STANLEY of Medway
                                    TIPPING-SPITZ of Orono

            Minority Report of the same Committee reporting Ought to Pass as Amended by Committee Amendment "A" (H-122) on same Bill.

 

            Signed:

            Senator:
                                    THOMAS of Somerset

            Representatives:
                                    BENNETT of Kennebunk
                                    JACKSON of Oxford

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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, May 7, 2013

SUPPLEMENT NO. 8

 

REPORTS OF COMMITTEE

 

Divided Report

 

            (6-1)  Majority Report of the Committee on TAXATION reporting Ought Not to Pass on Bill "An Act Relating to Precious Metal Coins"

(H.P. 705)  (L.D. 1007)

            Signed:

            Senators:
                                    HASKELL of Cumberland
                                    MILLETT of Cumberland

            Representatives:
                                    GOODE of Bangor
                                    BROOKS of Winterport
                                    LIBBY of Lewiston
                                    MOONEN of Portland
                                    STANLEY of Medway
                                    TIPPING-SPITZ of Orono

            Minority Report of the same Committee reporting Ought to Pass as Amended by Committee Amendment "A" (H-114) on same Bill.

 

            Signed:

            Senator:
                                    THOMAS of Somerset

            Representatives:
                                    BENNETT of Kennebunk
                                    JACKSON of Oxford
                                    KNIGHT of Livermore Falls
                                    MAREAN of Hollis

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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, May 7, 2013

SUPPLEMENT NO. 11

 

REPORTS OF COMMITTEE

 

Divided Report

 

            (6-1)  Majority Report of the Committee on STATE AND LOCAL GOVERNMENT reporting Ought Not to Pass on Bill "An Act Allowing Municipalities To Enact Firearms Policies in Local Government Buildings"

(H.P. 794)  (L.D. 1122)

            Signed:

            Senators:
                                    LACHOWICZ of Kennebec
                                    COLLINS of York
                                    GERZOFSKY of Cumberland

            Representatives:
                                    GRAHAM of North Yarmouth
                                    COTTA of China
                                    HAYES of Buckfield
                                    MacDONALD of Old Orchard Beach
                                    NADEAU of Fort Kent
                                    PEASE of Morrill

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

 

            Signed:

            Representatives:
                                    BOLAND of Sanford
                                    CHENETTE of Saco
                                    NADEAU of Winslow

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