Table of Contents

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

 


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


46th Legislative Day

Wednesday, May 22, 2013

 

            Calling of the House to Order by the Speaker.

 

            Prayer by Pastor Sondra Withey, Locke Mills Union Church and Oxford Congregational Church, Rumford Point.

 

            National Anthem by Cony High School Madrigals, Augusta.

 

            Pledge of Allegiance.

 

            Doctor of the day, Richard Flowerdew, M.D., Falmouth.

 

            Reading of the Journal of yesterday.

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SENATE PAPERS

 

            (1-1)  Bill "An Act To Provide an Exemption for Incidentally Caught Lobsters" (EMERGENCY)

(S.P. 591)  (L.D. 1549)

 

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

 

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Non-Concurrent Matter

 

            (1-2)  Bill "An Act To Restore to Jimmy J. Soucy the Right To Maintain Existing Structures on Property in Sinclair"

(S.P. 95)  (L.D. 262)

 

            Majority (7) OUGHT NOT TO PASS Report of the Committee on AGRICULTURE, CONSERVATION AND FORESTRY READ and ACCEPTED in the House on May 20, 2013.

 

            Comes from the Senate with that Body having INSISTED on its former action whereby the Minority (6) OUGHT TO PASS Report of the Committee on AGRICULTURE, CONSERVATION AND FORESTRY was READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED and ASKED for a Committee of Conference in NON-CONCURRENCE.

 

 

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COMMUNICATIONS

 

 


 

 

            (2-1)  The Following Communication: (H.C. 173)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

1 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0001

 

May 21 2013

 

Honorable Mark W. Eves

Speaker of the House

2 State House Station

Augusta, Maine 04333

 

Dear Speaker Eves:

 

This is to inform you that I am today nominating Honorable Douglas K. Damon of Bangor for appointment to the Loring Development Authority of Maine.

 

Pursuant to Title 5, MRSA §13080-B, this appointment is contingent on the Maine Senate confirmation after review by the Joint Standing Committee on Labor, Commerce, Research and Economic Development.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

 

 

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            (2-2)  The Following Communication: (H.C. 174)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

1 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0001

 

May 21 2013

 

Honorable Mark W. Eves

Speaker of the House

2 State House Station

Augusta, Maine 04333

 

Dear Speaker Eves:

 

This is to inform you that I am today nominating Mark L. Wilcox of Mapleton for appointment to the Loring Development Authority of Maine.

 

Pursuant to Title 5, MRSA §13080-B, this appointment is contingent on the Maine Senate confirmation after review by the Joint Standing Committee on Labor, Commerce, Research and Economic Development.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

 

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            (2-3)  The Following Communication: (H.C. 171)

 

STATE OF MAINE

CLERK'S OFFICE

2 STATE HOUSE STATION

AUGUSTA, MAINE 04333-0002

 

May 22, 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. 189         An Act To Establish a Central Concealed Handgun Permit Database

L.D. 685         An Act To Require Investigation and Prosecution of Assaults by Law Enforcement Officers against Unarmed Individuals

 

Education and Cultural Affairs

L.D. 301         An Act To Remove Unnecessary Agenda from the School Day

L.D. 665         An Act To Facilitate the Transition to a Standards-based Educational System

 

Health and Human Services

L.D. 746         Resolve, Directing the Department of Health and Human Services To Provide an Exception to the 60-day Limit on Out-of-state Services under the MaineCare Section 21 Waiver Program

L.D. 1161       An Act To Ensure Regulated Safe Access to Medical Marijuana

L.D. 1166       An Act Regarding Records Retention by Mental Health Practitioners

 

Inland Fisheries and Wildlife

L.D. 199         An Act To Allow Agents Designated by the Commissioner of Inland Fisheries and Wildlife To Hunt Coyotes at Night during the Deer Hunting Season

L.D. 391         An Act To Allow a Person To Possess Small Game in Excess of That Person's Possession Limit

L.D. 798         An Act To Permit Night Hunting of Coyotes on Sunday

L.D. 895         Resolve, Directing the Department of Inland Fisheries and Wildlife To Amend Its Rules Regarding Required Setback Distances for Beaver Traps

L.D. 896         An Act To Allow Fox Hunting at Night

L.D. 910         Resolve, Directing the Department of Inland Fisheries and Wildlife To Study and Make Recommendations Regarding the Bear Hunting Season

L.D. 1148       An Act To Expand the Season for Night Hunting of Coyotes

 

Insurance and Financial Services

L.D. 1413       An Act To Clarify Limitations on Homeowner's Insurance Policies Regarding Claims on Vacant Properties

L.D. 1453       An Act To Increase the Transparency of Charges and Expenses of Hospitals That Receive State Funding

L.D. 1508       An Act To Create a Public State Bank

L.D. 1525       An Act To Streamline Billing for Mental Health Services

 

Judiciary

L.D. 19           An Act To Facilitate Access to Information by Legislators

L.D. 217         An Act To Implement the Recommendations of the Right To Know Advisory Committee Concerning Public Access to Records Relating to Public-private Partnerships

L.D. 258         An Act To Implement the Recommendations of the Right To Know Advisory Committee Concerning Meetings of Public Bodies

L.D. 420         An Act To Implement the Recommendations of the Right To Know Advisory Committee Concerning Public Records Exceptions

L.D. 684         An Act To Make Bylaws and Minutes of Board Meetings of Publicly Funded Hospitals Subject to the Freedom of Access Act

L.D. 1091       An Act To Require Nonprofit Corporations To Disclose the Salaries of Their Employees

 

Labor, Commerce, Research and Economic Development

L.D. 293         An Act To Ensure Parity in the Collective Bargaining Process among State Institutions of Higher Education

L.D. 1179       An Act To Create the Brunswick Landing Job Increment Financing Fund

L.D. 1420       An Act To Return to Building Code Requirements in Effect Prior to the Adoption of the Maine Uniform Building and Energy Code

 

Marine Resources

L.D. 583         An Act To Allow the Exchange of Scallop Licenses

L.D. 935         An Act To Permit the Harvest of Sea Cucumbers as Bycatch of Sea Urchin Dragging and To Allow Areas To Be Closed to Sea Cucumber Dragging

 

State and Local Government

L.D. 1405       An Act To Repeal the Laws Establishing the Cumberland County Recreation Center and Transfer Authority to Cumberland County

L.D. 1459       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

 

Taxation

L.D. 435         Resolve, To Require the State Tax Assessor To Develop Agreements with Online Retailers for the Collection of Sales and Use Tax

L.D. 989         An Act To Conform the Maine Tax Laws for 2012 to the United States Internal Revenue Code  (EMERGENCY)

L.D. 1326       An Act To Prevent Youth Tobacco Use  (EMERGENCY)

L.D. 1406       An Act To Reduce Youth Smoking and Improve Public Health by Increasing Revenue from the Cigarette Tax to the Fund for a Healthy Maine and To Pay Debts Owed to Health Care Providers  (EMERGENCY)

L.D. 1478       An Act To Avoid Potential Loss of Revenue by Municipalities and the Unorganized Territory from Donated Property

 

Transportation

L.D. 429         An Act To Authorize a GARVEE Bond for the Repair of Deficient Arterial State Highways and Bridges

L.D. 1208       Resolve, To Establish the Commuter and Passenger Rail Advisory Task Force  (EMERGENCY)

L.D. 1268       An Act To Update Driver Education Requirements

L.D. 1465       An Act To Increase Accountability and Efficiency of Independent Entities Involved in Separate Aspects of the State's Transportation Systems

 

Veterans and Legal Affairs

L.D. 53           An Act To Increase Voting Access

L.D. 702         An Act To Strengthen the Law Prohibiting Black Market Wagering on Harness Horse Races

 

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

 

Sincerely,

 

S/Millicent M. MacFarland

Clerk of House

 

 

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            (2-4)  The Following Communication: (H.C. 172)

 

STATE OF MAINE

CLERK'S OFFICE

2 STATE HOUSE STATION

AUGUSTA, MAINE 04333-0002

 

May 22, 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 Environment and Natural Resources has approved the request by the sponsor, Senator Gerzofsky of Cumberland, to report the following "Leave to Withdraw":

 

L.D. 28           An Act To Reduce Air Pollution from Trains

 

Sincerely,

 

S/Millicent M. MacFarland

Clerk of the House

 

 

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PETITIONS, BILLS AND RESOLVES REQUIRING REFERENCE

 

 

            (3-1)  Resolve, To Require the Department of Health and Human Services To Initiate a New Rate-setting Procedure for Preschool Services for Children with Disabilities under the MaineCare Program

(H.P. 1119)  (L.D. 1552)

 

Sponsored by Representative FARNSWORTH of Portland.

Cosponsored by President ALFOND of Cumberland.

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

 

            Committee on HEALTH AND HUMAN SERVICES suggested and ordered printed.

 

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            (3-2)  Bill "An Act To Make Supplemental Allocations from the Highway Fund for the Expenditures of State Government Necessary to the Proper Operations of State Government for the Fiscal Year Ending June 30, 2013" (EMERGENCY)

(H.P. 1117)  (L.D. 1550)

 

Sponsored by Representative THERIAULT of Madawaska.  (GOVERNOR'S BILL)

Cosponsored by Senator COLLINS of York.

 

            Committee on TRANSPORTATION suggested and ordered printed.

 

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SPECIAL SENTIMENT CALENDAR

 

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

 

Recognizing:

 

            (5-1)  Peter Ackerman, of Augusta, a junior at Cony High School, who won 3rd prize in the high school category in the national 2013 C-SPAN StudentCam competition.  Peter's documentary, College: America's Gateway, was one of 1,893 films that were received in this year's competition.  We extend our congratulations and best wishes to Peter on his receiving this honor;

 

(SLS 353)

 

 

            (5-2)  the Biddeford Middle School Hockey Team, on its winning its second Southern Maine Middle School Hockey League Championship in a row.  We congratulate the team members on their achievement;

 

(SLS 366)

 

 

            (5-3)  the YMCAs of Maine and the positive contributions that the 21 YMCA facilities across Maine make to the health and well-being of Maine residents and communities.  The YMCAs serve tens of thousands of Maine residents each year through a variety of programs that focus on youth development, healthy living and social responsibility.  These programs serve all age groups, men and women, and people of all faiths, backgrounds and income levels.  We send our appreciation to all members and staff of the YMCAs of Maine for their exemplary commitment to their communities and to the State;

 

(SLS 367)

 

 

            (5-4)  Senior Master Sergeant Scott Osgood, of Cherryfield, who has been named First Sergeant of the Year at the 2013 Outstanding Airman of the Year awards.  Senior Master Sergeant Osgood joined the Maine Air National Guard in 1988 and is a Game Warden.  He resides on his alpaca farm with his wife, Laura, and their children Ridge and Cassidy.  We extend our appreciation to Senior Master Sergeant Osgood for his dedicated service to the State and congratulate him on his receiving this award;

 

(HLS 296)

Presented by Representative TURNER of Burlington.

Cosponsored by Senator BURNS of Washington, Representative DOAK of Columbia Falls.

 

 

            (5-5)  the Special Olympics Aroostook Snowdogs Basketball White Team, of Presque Isle, which won the 2013 Division II bracket and the Gold Medal at the Special Olympics Southern Maine Basketball Tournament at the University of Southern Maine.  The Special Olympics Aroostook Snowdogs Basketball Blue Team came in 3rd in the Division I bracket and earned the Bronze Medal.  Both teams exhibited great sportsmanship, teamwork and respect for others, and we congratulate the Special Olympics Aroostook Snowdogs for their remarkable accomplishments;

 

(HLS 299)

Presented by Representative SAUCIER of Presque Isle.

Cosponsored by Senator SHERMAN of Aroostook, Representative WILLETTE of Mapleton.

 

 

            (5-6)  Caleb Berry, of Livermore, who has been named Salutatorian of the 2013 graduating class of Spruce Mountain High School - South.  We extend our congratulations to Caleb on this achievement;

 

(HLS 300)

Presented by Representative KNIGHT of Livermore Falls.

Cosponsored by Senator MASON of Androscoggin.

 

 

            (5-7)  Amethyst Miller, of Waterville, who has been named Valedictorian of the 2013 graduating class of Spruce Mountain High School - South.  We extend our congratulations to Amethyst on this achievement;

 

(HLS 301)

Presented by Representative KNIGHT of Livermore Falls.

Cosponsored by Senator LACHOWICZ of Kennebec, Representative LONGSTAFF of Waterville, Representative BECK of Waterville, Senator MASON of Androscoggin.

 

 

            (5-8)  Kristin M. Thompson, of Medway, a senior at Schenck 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 Kristin on her receiving this award;

 

(HLS 302)

Presented by Representative STANLEY of Medway.

Cosponsored by Senator THOMAS of Somerset.

 

 

            (5-9)  Matthew T. Morris, of East Millinocket, who was named the Salutatorian of the 2013 graduating class of Schenck High School.  We extend our congratulations and best wishes to Matthew on his achievements;

 

(HLS 303)

Presented by Representative STANLEY of Medway.

Cosponsored by Senator THOMAS of Somerset.

 

 

            (5-10)  Garrett Jameson Hale, of Medway, who was named the Valedictorian of the 2013 graduating class of Schenck High School.  We extend our congratulations and best wishes to Garrett on his achievements;

 

(HLS 304)

Presented by Representative STANLEY of Medway.

Cosponsored by Senator THOMAS of Somerset.

 

 

            (5-11)  the celebration of the 250th anniversary of the arrival of William and Jane Greenlaw in Maine with their 6 sons and 13 other families.  In 1762, the parents and 4 of their sons arrived in Deer Isle and on September 6 to September 8, 2013, the Greenlaw family reunion will bring descendants back to the place where many of their ancestors settled.  In 2004, the descendants of William and Jane Greenlaw formed the Greenlaw Family Association as a nonprofit family association to support and promote research and study of the genealogy and history of the Greenlaw family.  We extend our congratulations to the Greenlaw Family Association and the descendants of William and Jane Greenlaw as they gather to celebrate their family heritage.  We send our best wishes to the Greenlaw family on this and future reunions;

 

(HLS 305)

Presented by Representative KUMIEGA of Deer Isle.

Cosponsored by Senator LANGLEY of Hancock.

 

 

            (5-12)  Kristen Champagne, of Perry, who has been named Salutatorian of the 2013 graduating class of Calais High School.  We extend our congratulations and best wishes to Kristen on this achievement;

 

(HLS 306)

Presented by Representative MAKER of Calais.

Cosponsored by Senator BURNS of Washington, Representative SOCTOMAH of the Passamaquoddy Tribe.

 

 

            (5-13)  Megan Little, of Calais, who has been named Valedictorian of the 2013 graduating class of Calais High School.  We extend our congratulations and best wishes to Megan on this achievement;

 

(HLS 307)

Presented by Representative MAKER of Calais.

Cosponsored by Senator BURNS of Washington.

 

 

            (5-14)  Brandon Thompson, of Limestone, who has been named Salutatorian of the 2013 graduating class of Limestone Community School.  We extend our congratulations and best wishes to Brandon on this achievement;

 

(HLS 308)

Presented by Representative AYOTTE of Caswell.

Cosponsored by Senator JACKSON of Aroostook.

 

 

            (5-15)  Bret Butler, of Caswell, who has been named Valedictorian of the 2013 graduating class of Limestone Community School.  We extend our congratulations and best wishes to Bret on this achievement;

 

(HLS 309)

Presented by Representative AYOTTE of Caswell.

Cosponsored by Senator JACKSON of Aroostook.

 

 

            (5-16)  Vanessa Lavoie, of Van Buren, who has been named Valedictorian of the 2013 graduating class of Van Buren District Secondary School.  We extend our congratulations and best wishes to Vanessa on this achievement;

 

(HLS 310)

Presented by Representative AYOTTE of Caswell.

Cosponsored by Senator JACKSON of Aroostook.

 

 

            (5-17)  Richard Michaud, of Hamlin, who has been named Salutatorian of the 2013 graduating class of Van Buren District Secondary School.  We extend our congratulations and best wishes to Richard on this achievement;

 

(HLS 311)

Presented by Representative AYOTTE of Caswell.

Cosponsored by Senator JACKSON of Aroostook.

 

 

            (5-18)  Jason Durant, of Brownville, who has been named Valedictorian of the 2013 graduating class of Penquis Valley High School.  Jason is also a recipient of a 2013 Principal's Award presented by the Maine Principals' Association.  We extend our congratulations and best wishes to Jason on these achievements;

 

(HLS 312)

Presented by Representative JOHNSON of Greenville.

Cosponsored by Senator THOMAS of Somerset, Representative DAVIS of Sangerville.

 

 

            (5-19)  Laura Kirol, of Wells, who has been named Salutatorian of the 2013 graduating class of Wells High School.  We extend our congratulations and best wishes to Laura on this achievement;

 

(HLS 313)

Presented by Representative CHASE of Wells.

Cosponsored by Senator COLLINS of York, Representative McGOWAN of York.

 

 

            (5-20)  Melanie Robitaille, of Jay, who has been named Valedictorian of the 2013 graduating class of Spruce Mountain High School - North.  Melanie is a citizen of the United States as well as Germany.  She is a student representative on Regional School Unit 73 School Board, a member of the National Honor Society and Student Council and several other organizations.  We extend our congratulations and best wishes to Melanie on this achievement;

 

(HLS 314)

Presented by Representative GILBERT of Jay.

Cosponsored by Senator PATRICK of Oxford.

 

 

            (5-21)  Brianna Beaupre, of Jay, who has been named Salutatorian of the 2013 graduating class of Spruce Mountain High School - North.  Brianna loves to paint, plays a variety of instruments and is a member of the Gay-Straight Alliance and the Bystander Program.  We extend our congratulations and best wishes to Brianna on this achievement;

 

(HLS 315)

Presented by Representative GILBERT of Jay.

Cosponsored by Senator PATRICK of Oxford.

 

 

            (5-22)  Cobbossee Watershed District, based in Winthrop, on the occasion of its 40th anniversary of protecting the water quality of the Cobbosseecontee Stream watershed.  Officially formed in 1973, the Cobbossee Watershed District is Maine's first and only watershed district.  It was formed, largely in response to the declining quality of several lakes within the region west of Augusta, to protect, improve, conserve and manage the lakes, ponds and streams of the Cobbosseecontee Stream watershed, a 217-square-mile drainage basin.  We extend our congratulations to the Cobbossee Watershed District for its 40 years of promoting the health of the watershed through its role of monitoring the water quality of the 28 lakes and ponds of the district;

 

(HLS 317)

Presented by Representative HICKMAN of Winthrop.

Cosponsored by Senator FLOOD of Kennebec.

 

 

            (5-23)  Jessica L. Bell, of Guilford, a senior at Piscataquis Community Secondary 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 Jessica on her receiving this award;

 

(HLS 318)

Presented by Representative JOHNSON of Greenville.

Cosponsored by Senator THOMAS of Somerset, Representative DAVIS of Sangerville.

 

 

            (5-24)  Rebecca Grant, of Parkman, who has been named Salutatorian of the 2013 graduating class of Piscataquis Community Secondary School.  We extend our congratulations and best wishes to Rebecca on this achievement;

 

(HLS 319)

Presented by Representative JOHNSON of Greenville.

Cosponsored by Senator THOMAS of Somerset, Representative DAVIS of Sangerville.

 

 

            (5-25)  Abigail Riitano, of Abbot, who has been named Valedictorian of the 2013 graduating class of Piscataquis Community Secondary School.  We extend our congratulations and best wishes to Abigail on this achievement;

 

(HLS 320)

Presented by Representative JOHNSON of Greenville.

Cosponsored by Senator THOMAS of Somerset, Representative DAVIS of Sangerville.

 

 

In Memory of:

 

            (5-26)  Melissa Krueger, of Waterville, whose career was spent working for organizations that served others.  Ms. Krueger was born in Franklin, New Hampshire and lived most of her life in Maine.  She helped start New Hope for Women in Rockland and worked at Outward Bound in Rockland.  After she moved to the Waterville area, she ran the Sexual Assault Center in Waterville.  For the past 13 years, Ms. Krueger has served as program director for the Maine Children's Trust in Augusta.  She will be greatly missed and long remembered by her loving family, her many friends and those whose lives she touched;

 

(SLS 365)

 

 

            (5-27)  Roland Pelletier, Jr., of Biddeford, a decorated United States Army veteran and longtime volunteer in Biddeford public schools.  Mr. Pelletier served 2 tours of duty in Vietnam and received numerous commendations for his service, including the Bronze Star Medal.  He retired as a First Sergeant after 20 years of service.  He spent the past 5 years volunteering in the Wounded Heroes Program of Maine to help Iraq and Afghanistan war veterans from Maine who have struggled with post-traumatic stress disorder and brain injuries.  Mr. Pelletier also was a longtime volunteer in the Biddeford public schools, regularly donating school supplies and replacing old and tattered American flags.  He shared his experiences in the military in the classroom and educated children about patriotism and the American flag.  Mr. Pelletier will be greatly missed and long remembered by his loving family, his friends and the community he served so well;

 

(HLS 316)

Presented by Representative CASAVANT of Biddeford.

Cosponsored by Senator DUTREMBLE of York, Representative BEAUDOIN of Biddeford, Representative ROCHELO of Biddeford, Senator VALENTINO of York.

 

 

 

 

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REPORTS OF COMMITTEE

 

Divided Report

 

            (6-1)  Majority Report of the Committee on TRANSPORTATION reporting Ought Not to Pass on Bill "An Act To Allow Media Motor Vehicles To Be Equipped with Amber Auxiliary Lights"

(S.P. 123)  (L.D. 327)

            Signed:

            Senator:
                                    COLLINS of York

            Representatives:
                                    GILLWAY of Searsport
                                    McLEAN of Gorham
                                    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 on same Bill.

 

            Signed:

            Senators:
                                    MAZUREK of Knox
                                    VALENTINO of York

            Representative:
                                    THERIAULT of Madawaska

            Comes from the Senate with the Minority OUGHT TO PASS Report READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED.

 

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            (6-2)  Majority Report of the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY reporting Ought to Pass as Amended by Committee Amendment "A" (H-204) on Bill "An Act To Clarify the Law Concerning the Threatening Display of Dangerous Weapons"

(H.P. 255)  (L.D. 380)

            Signed:

            Senators:
                                    GERZOFSKY of Cumberland
                                    DUTREMBLE of York

            Representatives:
                                    DION of Portland
                                    CASAVANT of Biddeford
                                    KAENRATH of South Portland
                                    LAJOIE of Lewiston
                                    MARKS of Pittston
                                    PEASE of Morrill
                                    PLANTE of Berwick

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

 

            Signed:

            Senator:
                                    PLUMMER of Cumberland

            Representatives:
                                    LONG of Sherman
                                    TYLER of Windham
                                    WILSON of Augusta

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            (6-3)  Majority Report of the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY reporting Ought Not to Pass on Bill "An Act To Prohibit the Enforcement of Federal Law Placing Restrictions on Firearms or Ammunition"

(H.P. 827)  (L.D. 1183)

            Signed:

            Senators:
                                    GERZOFSKY of Cumberland
                                    DUTREMBLE of York
                                    PLUMMER of Cumberland

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

            Minority Report of the same Committee reporting Ought to Pass as Amended by Committee Amendment "A" (H-219) on same Bill.

 

            Signed:

            Representatives:
                                    LONG of Sherman
                                    WILSON of Augusta

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            (6-4)  Majority Report of the Committee on INSURANCE AND FINANCIAL SERVICES reporting Ought Not to Pass on Bill "An Act Regarding Subrogation of Medical Payments Coverage"

(H.P. 507)  (L.D. 756)

            Signed:

            Senators:
                                    WHITTEMORE of Somerset
                                    WOODBURY of Cumberland

            Representatives:
                                    COOPER of Yarmouth
                                    DOAK of Columbia Falls
                                    FITZPATRICK of Houlton
                                    McCLELLAN of Raymond
                                    WALLACE of Dexter

            Minority Report of the same Committee reporting Ought to Pass as Amended by Committee Amendment "A" (H-203) on same Bill.

 

            Signed:

            Senator:
                                    GRATWICK of Penobscot

            Representatives:
                                    TREAT of Hallowell
                                    BECK of Waterville
                                    MORRISON of South Portland
                                    PRINGLE of Windham

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            (6-5)  Majority Report of the Committee on ENVIRONMENT AND NATURAL RESOURCES reporting Ought Not to Pass on Bill "An Act Requiring the Labeling of Food Packaging That Contains Bisphenol A"

(H.P. 743)  (L.D. 1050)

            Signed:

            Senators:
                                    BOYLE of Cumberland
                                    SAVIELLO of Franklin

            Representatives:
                                    WELSH of Rockport
                                    AYOTTE of Caswell
                                    CAMPBELL of Orrington
                                    COOPER of Yarmouth
                                    GRANT of Gardiner
                                    LONG of Sherman
                                    REED of Carmel

            Minority Report of the same Committee reporting Ought to Pass as Amended by Committee Amendment "A" (H-210) on same Bill.

 

            Signed:

            Senator:
                                    GRATWICK of Penobscot

            Representatives:
                                    CHIPMAN of Portland
                                    HARLOW of Portland
                                    McGOWAN of York

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            (6-6)  Majority Report of the Committee on INLAND FISHERIES AND WILDLIFE reporting Ought to Pass as Amended by Committee Amendment "A" (H-214) on Bill "An Act To Allow Municipalities To Stock Ponds"

(H.P. 82)  (L.D. 100)

            Signed:

            Senator:
                                    BURNS of Washington

            Representatives:
                                    CRAFTS of Lisbon
                                    DAVIS of Sangerville
                                    EVANGELOS of Friendship
                                    KUSIAK of Fairfield
                                    SHORT of Pittsfield
                                    WOOD of Sabattus

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

 

            Signed:

            Senators:
                                    DUTREMBLE of York
                                    HASKELL of Cumberland

            Representatives:
                                    SHAW of Standish
                                    BRIGGS of Mexico
                                    ESPLING of New Gloucester
                                    MARKS of Pittston

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            (6-7)  Majority Report of the Committee on INLAND FISHERIES AND WILDLIFE reporting Ought Not to Pass on Bill "An Act To Increase Agent Fees for Registration of Certain Recreational Vehicles"

(H.P. 317)  (L.D. 467)

            Signed:

            Senator:
                                    BURNS of Washington

            Representatives:
                                    SHAW of Standish
                                    CRAFTS of Lisbon
                                    DAVIS of Sangerville
                                    ESPLING of New Gloucester
                                    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-213) on same Bill.

 

            Signed:

            Senators:
                                    DUTREMBLE of York
                                    HASKELL of Cumberland

            Representatives:
                                    BRIGGS of Mexico
                                    EVANGELOS of Friendship
                                    KUSIAK of Fairfield

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            (6-8)  Majority Report of the Committee on VETERANS AND LEGAL AFFAIRS reporting Ought to Pass as Amended by Committee Amendment "A" (H-216) on Bill "An Act To Amend the Authorized Hours during Which Liquor May Be Sold and Purchased"

(H.P. 19)  (L.D. 15)

            Signed:

            Senators:
                                    TUTTLE of York
                                    PATRICK of Oxford

            Representatives:
                                    LUCHINI of Ellsworth
                                    BEAULIEU of Auburn
                                    FOWLE of Vassalboro
                                    KINNEY of Limington
                                    LONGSTAFF of Waterville
                                    RUSSELL of Portland
                                    SAUCIER of Presque Isle
                                    SCHNECK of Bangor

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

 

            Signed:

            Senator:
                                    MASON of Androscoggin

            Representatives:
                                    GIFFORD of Lincoln
                                    JOHNSON of Eddington

            Representative MITCHELL of the Penobscot Nation - of the House - supports the Majority Ought to Pass as Amended by Committee Amendment "A" (H-216) Report.

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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. 223)  (L.D. 633) Bill "An Act To Grant the Commissioner of Health and Human Services and the Commissioner's Designees the Independent Authority To Issue Adjudicatory Subpoenas"  Committee on HEALTH AND HUMAN SERVICES reporting Ought to Pass

 

            (7-2)  (S.P. 173)  (L.D. 441) Resolve, Directing the Public Utilities Commission To Develop a Plan To Reform Water Regulation  Committee on ENERGY, UTILITIES AND TECHNOLOGY reporting Ought to Pass as Amended by Committee Amendment "A" (S-94)

 

            (7-3)  (S.P. 195)  (L.D. 505) Resolve, Directing the Commissioner of Agriculture, Conservation and Forestry To Conduct an Internal Review of the Snowmobile Trail Fund (EMERGENCY)  Committee on AGRICULTURE, CONSERVATION AND FORESTRY reporting Ought to Pass as Amended by Committee Amendment "A" (S-102)

 

            (7-4)  (S.P. 382)  (L.D. 1100) Bill "An Act To Update and Revise the Laws Governing the Maine Arts Commission"  Committee on EDUCATION AND CULTURAL AFFAIRS reporting Ought to Pass as Amended by Committee Amendment "A" (S-98)

 

            (7-5)  (S.P. 420)  (L.D. 1222) Resolve, To Create a Task Force on Maine's Ethics and Transparency Laws (EMERGENCY)  Committee on VETERANS AND LEGAL AFFAIRS reporting Ought to Pass as Amended by Committee Amendment "A" (S-97)

 

            (7-6)  (S.P. 478)  (L.D. 1359) Bill "An Act To Update and Simplify Maine Gasoline Requirements"  Committee on ENVIRONMENT AND NATURAL RESOURCES reporting Ought to Pass as Amended by Committee Amendment "A" (S-107)

 

            (7-7)  (S.P. 511)  (L.D. 1417) Bill "An Act To Amend the Laws Governing Certain Human Services Licensing and Certification Requirements"  Committee on HEALTH AND HUMAN SERVICES reporting Ought to Pass as Amended by Committee Amendment "A" (S-104)

 

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ENACTORS

 

Emergency Measure

 

            (10-1)  An Act To Protect Title to Real and Personal Property of Public Employees and Public Officials

(H.P. 167)  (L.D. 206)
(C. "A" H-174)

 

 

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

 

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Emergency Measure

 

            (10-2)  An Act Concerning Fertilizer and Lime Products

(H.P. 707)  (L.D. 1009)
(C. "A" H-170)

 

 

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

 

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Emergency Measure

 

            (10-3)  An Act To Make the State's Uniform Commercial Code Compatible with the Federal Electronic Fund Transfer Act

(S.P. 352)  (L.D. 1038)

 

 

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

 

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Emergency Measure

 

            (10-4)  Resolve, Regarding Legislative Review of Portions of Chapter 4: Rules of Practice, a Major Substantive Rule of the Department of Agriculture, Conservation and Forestry

(H.P. 32)  (L.D. 37)

 

 

            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

 

            (10-5)  An Act To Provide Increased Opportunities on the Allagash Wilderness Waterway

(S.P. 102)  (L.D. 269)
(C. "A" S-85)

 

            (10-6)  An Act To Provide Local Sales Tax Increment Disbursements

(H.P. 276)  (L.D. 401)
(C. "A" H-166)

 

            (10-7)  An Act To Allow a Municipality To Prohibit a Sex Offender from Residing within 750 Feet of a Recreational Facility

(H.P. 340)  (L.D. 498)
(C. "A" H-169)

 

            (10-8)  An Act Regarding Poker Runs Operated by Organizations Licensed To Conduct Games of Chance

(H.P. 391)  (L.D. 572)
(C. "A" H-178)

 

            (10-9)  An Act To Clarify the Laws Governing the Rule-making Authority of the Maine Forest Service

(H.P. 486)  (L.D. 714)
(C. "A" H-171)

 

            (10-10)  An Act To Allow Municipalities To Place Liens for Failure To Pay Storm Water Assessments

(H.P. 584)  (L.D. 833)
(C. "A" H-181)

 

            (10-11)  An Act To Amend Certain Provisions of Law Affecting the Judicial Branch

(H.P. 603)  (L.D. 852)
(C. "A" H-176)

 

            (10-12)  An Act To Increase State Wildlife Revenues and Grow the Hunting and Fishing Industries

(S.P. 304)  (L.D. 879)
(C. "A" S-92)

 

            (10-13)  An Act To Provide Another Alternative to the Civil Order of Arrest Process

(H.P. 636)  (L.D. 912)
(C. "A" H-175)

 

            (10-14)  An Act To Amend the Law Pertaining to Staff in the Office of the Attorney General

(S.P. 350)  (L.D. 1025)
(C. "A" S-90)

 

            (10-15)  An Act To Clarify the Appeal Process of Code Enforcement Officers and Boards of Appeal

(H.P. 848)  (L.D. 1204)
(C. "A" H-173)

 

            (10-16)  An Act Allowing the Harvesting of Yellow Perch with Seines

(H.P. 903)  (L.D. 1264)
(C. "A" H-172)

 

            (10-17)  An Act Authorizing the Deorganization of the Town of Bancroft

(S.P. 442)  (L.D. 1280)
(C. "A" S-84)

 

            (10-18)  An Act To Improve the Statutes Governing Road Associations

(S.P. 475)  (L.D. 1356)

 

            (10-19)  An Act Relating to Proof of Citizenship for Renewal of a Driver's License or Nondriver Identification Card

(H.P. 980)  (L.D. 1372)
(C. "A" H-179)

 

            (10-20)  An Act To Ensure the Choice of a Pharmacy for Injured Employees under the Workers' Compensation Act of 1992

(S.P. 483)  (L.D. 1376)
(C. "A" S-93)

 

            (10-21)  An Act To Revise the Laws of the Maine Criminal Justice Academy

(S.P. 518)  (L.D. 1432)

 

            (10-22)  An Act To Strengthen Maine's Hospitals, Increase Access to Health Care and Provide for a New Spirits Contract

(S.P. 589)  (L.D. 1546)
(S. "C" S-108)

 

 

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

 

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Resolves

 

            (10-23)  Resolve, To Erect a State Monument to Franco-Americans

(H.P. 377)  (L.D. 558)
(C. "A" H-180)

 

 

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

 

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ORDERS OF THE DAY

HOUSE CALENDAR
WEDNESDAY, MAY 22, 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 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.

 

 

 

 

 

2.         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.

 

 

 

 

 

3.         HOUSE DIVIDED REPORT - Majority (8) Ought to Pass as Amended by Committee Amendment "A" (H-131) - Minority (5) Ought Not to Pass - 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)

 

TABLED - May 8, 2013 (Till Later Today) by Representative McCABE of Skowhegan.

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

 

 

 

 

 

4.         Expression of Legislative Sentiment Recognizing Caroline Colan, of Readfield

(HLS 255)

 

TABLED - May 14, 2013 (Till Later Today) by Representative BERRY of Bowdoinham.

PENDING - PASSAGE.

 

 

 

 

 

5.         SENATE DIVIDED REPORT - Majority (9) Ought Not to Pass - Minority (4) Ought to Pass as Amended by Committee Amendment "A" (S-58) - Committee on VETERANS AND LEGAL AFFAIRS on Bill "An Act To Reduce the Number of Labels of Wine a Retailer Must Stock To Conduct a Wine Tasting"

(S.P. 16)  (L.D. 24)

 

- In Senate, Minority OUGHT TO PASS AS AMENDED Report READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (S-58).

TABLED - May 14, 2013 (Till Later Today) by Representative LUCHINI of Ellsworth.

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

 

 

 

 

 

6.         An Act To Sustain Maine's Aviation Industry by Extending the Exemption from Sales and Use Tax for Aircraft and Parts

(S.P. 112)  (L.D. 279)
(C. "A" S-55)

 

TABLED - May 15, 2013 (Till Later Today) by Representative BERRY of Bowdoinham.

PENDING - PASSAGE TO BE ENACTED.

 

 

 

 

 

7.         Bill "An Act To Tax Political Action Committees"

(H.P. 566)  (L.D. 815)

 

- In House, Unanimous REFER TO THE COMMITTEE ON VETERANS AND LEGAL AFFAIRS Report of the Committee on TAXATION READ and ACCEPTED and the Bill and accompanying papers REFERRED to the Committee on VETERANS AND LEGAL AFFAIRS on May 15, 2013.

- In Senate, Unanimous REFER TO THE COMMITTEE ON VETERANS AND LEGAL AFFAIRS Report of the Committee on TAXATION READ and the Bill and accompanying papers INDEFINITELY POSTPONED in NON-CONCURRENCE.

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

PENDING - FURTHER CONSIDERATION.

 

 

 

 

 

8.         SENATE DIVIDED REPORT - Report "A" (10) Ought to Pass as Amended by Committee Amendment "A" (S-86) - Report "B" (2) Ought Not to Pass - Report "C" (1) Ought to Pass as Amended by Committee Amendment "B" (S-88) - Committee on AGRICULTURE, CONSERVATION AND FORESTRY on Bill "An Act To Provide Economic Development in Aroostook County through Expanded Sale and Lease of State-owned Land"

(S.P. 186)  (L.D. 493)

 

- In Senate, Report "A" OUGHT TO PASS AS AMENDED READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (S-86).

TABLED - May 20, 2013 (Till Later Today) by Representative DILL of Old Town.

PENDING - Motion of same Representative to ACCEPT Report "A" OUGHT TO PASS AS AMENDED.

 

 

 

 

 

9.         HOUSE DIVIDED REPORT - Majority (7) Ought Not to Pass - Minority (6) Ought to Pass - Committee on STATE AND LOCAL GOVERNMENT on Bill "An Act To Require Notice to and Input from Municipalities in Which Certain Group Homes Are Located"

(H.P. 556)  (L.D. 805)

 

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

PENDING - ACCEPTANCE OF EITHER REPORT.

 

 

 

 

 

10.       Expression of Legislative Sentiment Recognizing Ciara Tolman, of Lincoln

(HLS 283)

 

TABLED - May 20, 2013 (Till Later Today) by Representative WILLETTE of Mapleton.

PENDING - PASSAGE.

 

 

 

 

 

11.       Expression of Legislative Sentiment Recognizing Mitchell Sibley, of Maxfield

(HLS 284)

 

TABLED - May 20, 2013 (Till Later Today) by Representative WILLETTE of Mapleton.

PENDING - PASSAGE.

 

 

 

 

 

12.       An Act To Update the Maine Emergency Management Laws

(S.P. 121)  (L.D. 326)
(C. "A" S-73)

 

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

PENDING - PASSAGE TO BE ENACTED.

 

 

 

 

 

13.       Resolve, To Direct the Department of Administrative and Financial Services, Bureau of Revenue Services To Report on Conformity with the Streamlined Sales and Use Tax Agreement

(H.P. 228)  (L.D. 319)
(C. "A" H-81)

 

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

PENDING - RECONSIDERATION (Returned by the Governor without his approval).

 

 

 

 

 

14.       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)

 

TABLED - May 21, 2013 (Till Later Today) by Representative BERRY of Bowdoinham.

PENDING - RECONSIDERATION (Returned by the Governor without his approval).

 

 

 

 

 

15.       An Act To Protect Public Health at Public Institutions of Higher Education

(H.P. 318)  (L.D. 468)
(C. "A" H-77)

 

TABLED - May 21, 2013 (Till Later Today) by Representative BERRY of Bowdoinham.

PENDING - RECONSIDERATION (Returned by the Governor without his approval).

 

 

 

 

 

 

 

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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

Wednesday, May 22, 2013

SUPPLEMENT NO. 1

 

SENATE PAPERS

 

            (1-1)  Bill "An Act Regarding the Board of Trustees of the Maine Public Broadcasting Corporation"

(S.P. 592)  (L.D. 1551)

 

            Comes from the Senate, REFERRED to the Committee on EDUCATION AND CULTURAL 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

Wednesday, May 22, 2013

SUPPLEMENT NO. 2

 

 

 

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. 341)  (L.D. 996) Bill "An Act To Improve the Accuracy of Fuel Tax Reporting"  Committee on TAXATION reporting Ought to Pass as Amended by Committee Amendment "A" (S-109)

 

            (7-2)  (H.P. 130)  (L.D. 155) Bill "An Act To Streamline the Approval of Accessibility Structures" (EMERGENCY)  Committee on STATE AND LOCAL GOVERNMENT reporting Ought to Pass as Amended by Committee Amendment "A" (H-222)

 

            (7-3)  (H.P. 1045)  (L.D. 1460) Bill "An Act To Update and Clarify the Laws Governing the Operation of Bicycles on Public Roadways"  Committee on TRANSPORTATION reporting Ought to Pass as Amended by Committee Amendment "A" (H-221)

 

            (7-4)  (H.P. 1049)  (L.D. 1464) Bill "An Act To Streamline the Laws Related to Transportation"  Committee on TRANSPORTATION reporting Ought to Pass as Amended by Committee Amendment "A" (H-220)

 

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NOTICE

 

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

 

(1)  From the Committee on Environment and Natural Resources on Bill "An Act To Prohibit Coal Tar Pavement Products"

(H.P. 857)  (L.D. 1212)

 

Ought Not to Pass  (7 members)
Ought to Pass  (5 members)