One Hundred and Twenty-Sixth Legislature

First Regular Session

 

Advance Journal and Calendar

 

49th Legislative Day

 

In Senate Chamber, Tuesday, May 28, 2013.

 

Senate called to Order by President Justin L. Alfond of Cumberland County.

 

Prayer by Pastor Jonathan Jones, Lisbon Falls Baptist Church in Lisbon.

 

Pledge of Allegiance led by Senator Seth A. Goodall of Sagadahoc County.

 

Reading of the Journal of Thursday, May 23, 2013.

 

Doctor of the day, Kristin Mitchell, DO of Augusta.

 

 

_________________________________

 

 


PAPERS FROM THE HOUSE

 

 

Joint Orders

 

Expressions of Legislative Sentiment recognizing:

 

(1-1)  Colby Davis, of Canton, for his longtime work and contributions to his community and to veterans of the United States.  Mr. Davis is active in making certain that veterans' graves are properly honored with the American flag.  He volunteers faithfully each year to research and flag veterans' graves and purchases and donates flags across the area.  Mr. Davis has worked with hundreds of school students teaching flag etiquette to the next generation.  He is a United States Army Air Corps veteran of World War II, during which he flew a B-24 bomber and was shot down over what was then known as Czechoslovakia.  He was a prisoner of war at Stalag Luft 4 Gross Tychow, formerly Heydekrug, in Germany.  We send him our appreciation for his strong and unwavering commitment to veterans and to his community, State and Nation.  We congratulate him on his exemplary actions and send him our best wishes;

HLS 321

 

 

(1-2)  Rebecca Ryder, of Chesterville, president and chief executive officer of Franklin Memorial Hospital in Farmington, who is the recipient of the American Hospital Association Grassroots Champion Award for her exceptional leadership in generating grassroots and community activity in support of the hospital's mission.  The award is given by the American Hospital Association in partnership with the Maine Hospital Association.  We extend our congratulations and best wishes to Ms. Ryder on her receiving this well-deserved award;

HLS 322

 

 

(1-3)  Samantha J. Bullard, of Levant, who has been named Valedictorian of the 2013 graduating class of Hermon High School. We extend our congratulations and best wishes to Samantha on this achievement;

HLS 323

 

 

(1-4)  Ashley M. Langille, of Hermon, who has been named Salutatorian of the 2013 graduating class of Hermon High School.  We extend our congratulations and best wishes to Ashley on this achievement;

HLS 324

 

 

(1-5)  Katherine M. Reynosa, of Hermon, a senior at Hermon 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 Katherine on her receiving this award;

HLS 325

 

Come from the House, READ and PASSED.

 

_________________________________


COMMUNICATIONS

 

(2-1)  The Following Communication:

S.C. 399

 

STATE OF MAINE

126TH LEGISLATURE

OFFICE OF THE GOVERNOR

 

May 22, 2013

 

The Honorable Justin L. Alfond

President of the Senate

3 State House Station

Augusta, Maine  04333

 

Dear President Alfond,

 

This is to inform you that I am today nominating Judge John V. Romei of Machias for appointment to Active Retired status in the Maine District Court.

 

Pursuant to Title 4, MRSA §157-B, this appointment is contingent on the Maine Senate confirmation after review by the Joint Standing Committee on Judiciary.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

_________________________________

 

(2-2)  The Following Communication:

S.C. 400

 

STATE OF MAINE

126TH LEGISLATURE

OFFICE OF THE GOVERNOR

 

May 22, 2013

 

The Honorable Justin L. Alfond

President of the Senate

3 State House Station

Augusta, Maine  04333

 

Dear President Alfond,

 

This is to inform you that I am today nominating David J. Mitchell of Calais for appointment as a District Court Judge.

 


Pursuant to Title 4, MRSA §157, this appointment is contingent on the Maine Senate confirmation after review by the Joint Standing Committee on Judiciary.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

_________________________________

 

(2-3)  The Following Communication:

S.C. 401

 

STATE OF MAINE

126TH LEGISLATURE

OFFICE OF THE GOVERNOR

 

May 22, 2013

 

The Honorable Justin L. Alfond

President of the Senate

3 State House Station

Augusta, Maine  04333

 

Dear President Alfond,

 

This is to inform you that I am today nominating Kevin P. McCarthy of Falmouth and M. Michelle Hood of Bar Harbor for reappointment to the Board of Trustees, University of Maine System.

 

Pursuant to P&SL 1967, Chapter 229, these appointments are contingent on the Maine Senate confirmation after review by the Joint Standing Committee on Education and Cultural Affairs.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

_________________________________

 

(2-4)  The Following Communication:

H.C. 177

 

STATE OF MAINE

CLERK'S OFFICE

2 STATE HOUSE STATION

AUGUSTA, MAINE 04333-0002

 

May 23, 2013

 


Honorable Darek M. Grant

Secretary of the Senate

126th Maine Legislature

Augusta, Maine  04333

 

Dear Secretary Grant:

 

The Speaker appointed the following conferees to the Committee of Conference on the disagreeing action of the two branches of the Legislature on 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).

 

Representative William F. Noon of Sanford

Representative Donald G. Marean of Hollis

Representative Russell J. Black of Wilton

 

Sincerely,

 

S/Millicent M. MacFarland

Clerk of the House

 

_________________________________

 

(2-5)  The Following Communication: S.C. 398

 

STATE OF MAINE

126TH LEGISLATURE

OFFICE OF THE GOVERNOR

 

23 May 2013

 

The 126th Legislature of the State of Maine

State House

Augusta, ME 

 

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 1546, “An Act To Strengthen Maine's Hospitals, Increase Access to Health Care and Provide for a New Spirits Contract.”

 

          Democrat leadership has spent the past week forcing this bill through the legislative process, over the objections of Republicans and Democrats alike.  This unadulterated partisanship tied two different issues together in a quest to force welfare expansion upon the Maine people.  I have said all along this bill would receive a veto when it reached my desk, so this letter should be no surprise.


 

          The sad part of this veto is the simple fact that all of us have agreed paying our bills is the fiscally responsible thing to do.  Additionally, the bipartisan work of the committees has recognized my original plan is the best way to do it.  That is why I have filed a Governor’s Bill today reflecting the parts of LD 1546 we all agree on – paying the hospitals and ensuring the liquor business provides the best return for the state – without the forced expansion of MaineCare.  The Legislature will have the opportunity to vote up-or-down to pay the hospitals – I trust you will do the right thing.

 

          Lastly, as I have said all along, once we have our fiscal house in order, we will be in a position to release the authorized bonds.  As a measure of good faith, I am hereby directing the State Treasurer to begin to prepare those bonds for my signature on an expedited basis.  I will sign them as soon as this new Governor’s Bill is enacted.  I hope she will act quickly to ensure our economy can get back to work.

 

          For these reasons, I return LD 1546 unsigned and vetoed.  I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

_________________________________

 

 

          The accompanying Bill "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

 

_________________________________

 

ORDERS

 

Joint Orders

 

Expressions of Legislative Sentiment recognizing:

 

(4-1)  James Sheppard, of South Portland, who served as a Staff Sergeant in the famed Tuskegee Airmen squadron during World War II and who is featured in a new film on the famous airmen produced by Time Warner Cable.  Originally from New York City, Mr. Sheppard enlisted in the United States Army Air Forces in October 1942 and was assigned to the Tuskegee Army Air Field with the 332nd Fighter Group as an aviation maintenance technician.  The Tuskegee Airmen is the popular name of the group of who were the first African-American aviators in the United States armed forces.   Mr. Sheppard served with the 100th Fighter Squadron and later with the 301st Fighter Squadron in the United States and in Europe.  After the war, he served with distinction in the Federal Aviation Administration as a supervisory aviation safety


inspector, retiring in 1987.  We send him our appreciation for his service to the Nation, and we congratulate him on being part of the film that keeps the important story of the role of the Tuskegee Airmen remembered in our history;

SLS 370

Sponsored by Senator MILLETT of Cumberland.

Cosponsored by Representatives: HAMANN of South Portland, KAENRATH of South Portland, MORRISON of South Portland.

 

 

 

(4-2)  Alyssa Donovan, of Portland, who has been named Salutatorian of the 2013 graduating class of Deering High School.  We extend our congratulations and best wishes to Alyssa on this achievement;

SLS 372

Sponsored by Senator HASKELL of Cumberland.

Cosponsored by Senator: President ALFOND of Cumberland, Representatives: CHIPMAN of Portland, DION of Portland, FARNSWORTH of Portland, HARLOW of Portland, JORGENSEN of Portland, MOONEN of Portland, RUSSELL of Portland, STUCKEY of Portland.

 

 

 

(4-3)  Nathan Finberg, of Portland, who has been named Valedictorian of the 2013 graduating class of Deering High School.  We extend our congratulations and best wishes to Nathan on this achievement;

SLS 373

Sponsored by Senator HASKELL of Cumberland.

Cosponsored by Senator: President ALFOND of Cumberland, Representatives: CHIPMAN of Portland, DION of Portland, FARNSWORTH of Portland, HARLOW of Portland, JORGENSEN of Portland, MOONEN of Portland, RUSSELL of Portland, STUCKEY of Portland.

 

 

 

(4-4)  Halie Harris, of Eastport, who was named the Valedictorian of the 2013 graduating class of Shead High School.  Halie has served as class president, president of the Shead chapter of the National Honor Society and editor-in-chief of the Shead High School yearbook.  She has been active with many community service projects, sports and extracurricular activities during her high school years, including the Student Senate and drama club.  We extend our congratulations and best wishes to Halie on her achievements;

SLS 374

Sponsored by Senator BURNS of Washington.

Cosponsored by Representative: CASSIDY of Lubec.

 

 

 

(4-5)  Brennin Consalvi, of Perry, who has been named the Salutatorian of the 2013 graduating class of Shead High School in Eastport.  Brennin is a member of the National Honor Society, has participated in the Poetry Out Loud competition and has served as a 4-H Robotics Expo judge.  He has been active with many community service projects, sports and extracurricular activities


during his high school years, including the radio/TV club, drama club and chess club.  We extend our congratulations and best wishes to Brennin on his achievements;

SLS 375

Sponsored by Senator BURNS of Washington.

Cosponsored by Representative: MAKER of Calais.

 

 

 

(4-6)  Cristin Wright, of Ellsworth, who has been named Salutatorian of the 2013 graduating class of Ellsworth High School.  We extend our congratulations and best wishes to Cristin on this achievement;

SLS 376

Sponsored by Senator LANGLEY of Hancock.

Cosponsored by Representative: LUCHINI of Ellsworth.

 

 

 

(4-7)  Cecelia MacEachern, of Ellsworth, who has been named Valedictorian of the 2013 graduating class of Ellsworth High School.  We extend our congratulations and best wishes to Cecelia on this achievement;

SLS 377

Sponsored by Senator LANGLEY of Hancock.

Cosponsored by Representative: LUCHINI of Ellsworth.

 

 

 

(4-8)  Richard and Jean Methot, of Industry, on the occasion of their 60th Wedding Anniversary and their 80th birthdays.  Mr. and Mrs. Methot were married at St. Francis Church in Belchertown, Massachusetts on April 18, 1953.  They have 5 children, 9 grandchildren and 4 great-grandchildren.  We extend our congratulations and best wishes to Mr. and Mrs. Methot on these very special occasions;

SLS 378

Sponsored by Senator SAVIELLO of Franklin.

Cosponsored by Representative: HARVELL of Farmington.

 

 

(4-9)  Gavin Kane, of Wilton, the Spruce Mountain High School Girls Basketball Coach and former coach at Rangeley Lakes Regional School and Dirigo High School, who has been named to the New England Basketball Hall of Fame.  Mr. Kane has won a combined 7 state championships at Rangeley and Dirigo and has nearly 500 career victories.  While at Dirigo High School, Mr. Kane's teams set the state record by winning 11 consecutive Class C regional championships from 1995 to 2005.  Under his leadership, the school compiled a 40-3 tournament record, won 12 consecutive Mountain Valley Conference Championships and posted a 136-game league winning streak.  Mr. Kane has won numerous Maine Association of Basketball Coaches and Mountain Valley Conference Coach of the Year awards.  Many of his former players have gone on to play at the collegiate level and have become coaches themselves.  We congratulate Mr. Kane on his being inducted into the New England Basketball Hall of Fame;

SLS 379

Sponsored by Senator SAVIELLO of Franklin.

Cosponsored by Representative: BLACK of Wilton.


(4-10)  Clifton and Verna Hammond, of Belgrade, on the occasion of their 65th Wedding Anniversary.  Mr. and Mrs. Hammond were married on May 8, 1948 by the Reverend Leo Dunn.  They have 3 children, 6 grandchildren and 11 great-grandchildren.  We extend our congratulations and best wishes to Mr. and Mrs. Hammond on this very special occasion;

SLS 380

Sponsored by Senator SAVIELLO of Franklin.

Cosponsored by Representative: KESCHL of Belgrade.

 

 

 

(4-11)  Michael Cormier, of Wilton, on the occasion of his retirement after a 31-year career in education.  Dr. Cormier received his undergraduate degree from the University of Maine at Gorham, his master's degree from the University of Maine at Orono and his Ph.D. in educational administration from Boston College.  Dr. Cormier began his career as a teaching principal acting as administrator, social studies teacher and English teacher in Bradley, where he taught for 11 years.  He next served as superintendent of schools in Deer Isle for 3 years and in Searsport for 8 years, while earning his doctorate.  Since 1993, Dr. Cormier has served as superintendent of the Farmington school district.  He was named Superintendent of the Year in 2008 by the Maine School Superintendents Association for his dedication to his students and education excellence.  We extend our appreciation to Dr. Cormier for his commitment to the youth of the State and to his communities.  We congratulate him on his retirement and send him our best wishes;

SLS 381

Sponsored by Senator SAVIELLO of Franklin.

Cosponsored by Representative: BLACK of Wilton.

 

 

 

(4-12)  Jim Gajarski, of Vienna, on the occasion of his 80th birthday, June 26, 2013.  We extend our congratulations and best wishes to him as he celebrates this birthday;

SLS 382

Sponsored by Senator SAVIELLO of Franklin.

Cosponsored by Representative: KESCHL of Belgrade.

 

 

 

(4-13)  the Maine School of Science and Mathematics, in Limestone, on its being ranked 44th by Newsweek/Daily Beast on the 2013 list of best public high schools in the nation.  The Maine School of Science and Mathematics also made Newsweek's Top 25 High Schools: Northeast list, ranking in 11th place.  The Maine School of Science and Mathematics is a tuition-free, public, residential high school that enrolls students from across the state and serves over 500 students each year through its academic and summer offerings.  We extend our congratulations to the Maine School of Science and Mathematics on its receiving these impressive national and regional rankings and we send the school our best wishes for future success;

SLS 383

Sponsored by Senator JACKSON of Aroostook.

Cosponsored by Representative: AYOTTE of Caswell.

 

 

 


(4-14)  Jason and Jennifer Daigle, of St. Agatha, owners of Lakeview Restaurant and Camping Resort, who are the recipients of the Jeffrey Butland Award for Maine and New England from the United States Small Business Administration.  We congratulate Jason and Jennifer Daigle on their receiving this well-deserved award;

SLS 384

Sponsored by Senator JACKSON of Aroostook.

Cosponsored by Representatives: NADEAU of Fort Kent, THERIAULT of Madawaska.

 

 

 

(4-15)  Father Philip A. Tracy, of St. Therese of Lisieux Roman Catholic Church of Sanford, on the occasion of his Silver Jubilee, May 28, 2013.  We extend our congratulations and best wishes to Father Tracy on his 25 years of serving his faith and his community;

SLS 385

Sponsored by Senator TUTTLE of York.

Cosponsored by Representatives: BOLAND of Sanford, MASTRACCIO of Sanford, NOON of Sanford.

 

_________________________________

 

Joint Resolution

 

Joint Resolution in Memoriam:

 

WHEREAS, the Legislature has learned with deep regret of the death of:

 

(4-16)  Dr. William Dewey Blake, of Bath, who led a remarkable life teaching and painting. He graduated as a member of the Dartmouth Chapter of the Phi Beta Kappa Society from Dartmouth College in 1940 and spent summers doing scientific research at the Mount Desert Island Biological Laboratory in Salisbury Cove.  He continued this work while attending Harvard Medical School until World War II.  During the war, he worked at Goldwater Memorial Hospital in New York City doing malaria research.  Dr. Blake did his internship and residency and a fellowship at Presbyterian Hospital in New York City. Following his training, he was invited to join the Yale School of Medicine Department of Physiology and later became an associate professor at the University of Oregon Medical School.  In Portland, Oregon, Dr. Blake first showed his paintings.  He would later show in local galleries in London and Rome.  He spent the last 20 years of his professional life at the University of Maryland as a professor and as the chair of the Department of Physiology, lecturing and researching internationally and encouraging his students.  Dr. Blake's major area of interest, in which he pioneered early and foundational research and helped develop important medical techniques, was the physiology of the kidney.  Dr. Blake will be greatly missed and long remembered by his family and friends;

SLS 371

 

 

Sponsored by Senator GOODALL of Sagadahoc.

Cosponsored by Representatives: DeCHANT of Bath, KENT of Woolwich, MacDONALD of Boothbay, SAXTON of Harpswell.

 

_________________________________

 


REPORTS OF COMMITTEES

 

House

 

Ought to Pass As Amended

 

 

(5-1)  The Committee on EDUCATION AND CULTURAL AFFAIRS on Bill "An Act To Improve Access to Career and Technical Schools"

H.P. 487  L.D. 715

 

Reported that the same Ought to Pass as Amended by Committee Amendment "A" (H-223).

 

 

Comes from the House with the Report READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-223).

 

_________________________________

 

(5-2)  The Committee on INLAND FISHERIES AND WILDLIFE on Bill "An Act To Examine Fees Charged by Municipalities Concerning Outdoor-related Activities"

H.P. 608  L.D. 857

 

Reported that the same Ought to Pass as Amended by Committee Amendment "A" (H-224).

 

 

Comes from the House with the Report READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-224).

 

_________________________________

 

(5-3)  The Committee on MARINE RESOURCES on Bill "An Act To Provide for and Recognize the Right of the Houlton Band of Maliseet Indians To Fish for Marine Organisms"

H.P. 666  L.D. 953

 

Reported that the same Ought to Pass as Amended by Committee Amendment "A" (H-225).

 

 

Comes from the House with the Report READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-225).

_________________________________

 

 

Divided Report

 

 

(5-4)  The Majority of the Committee on ENVIRONMENT AND NATURAL RESOURCES on Bill "An Act Requiring the Labeling of Food Packaging That Contains Bisphenol A"

H.P. 743  L.D. 1050

 


Reported that the same Ought Not to Pass.

 

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

The Minority of the same Committee on the same subject reported that the same Ought To Pass as Amended by Committee Amendment "A" (H-210).

 

Signed:

 

Senator:

            GRATWICK of Penobscot

Representatives:

            CHIPMAN of Portland
            HARLOW of Portland
            McGOWAN of York

 

 

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

_________________________________

 

Divided Report

 

 

(5-5)  The Majority of the Committee on ENVIRONMENT AND NATURAL RESOURCES on Bill "An Act To Prohibit Coal Tar Pavement Products"

H.P. 857  L.D. 1212

 

Reported that the same Ought Not to Pass.

 

Signed:

 

Senators:


            BOYLE of Cumberland
            SAVIELLO of Franklin

Representatives:

            WELSH of Rockport
            AYOTTE of Caswell
            CAMPBELL of Orrington
            GRANT of Gardiner
            LONG of Sherman

The Minority of the same Committee on the same subject reported that the same Ought To Pass.

 

Signed:

 

Senator:

            GRATWICK of Penobscot

Representatives:

            CHIPMAN of Portland
            COOPER of Yarmouth
            HARLOW of Portland
            McGOWAN of York

 

 

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

_________________________________

 

Divided Report

 

(5-6)  The Majority of the Committee on HEALTH AND HUMAN SERVICES on Bill "An Act To Revise the Maine Wild Mushroom Harvesting Certification Program"

H.P. 954  L.D. 1337

 

Reported that the same Ought Not to Pass.

 

Signed:

 

Senators:

            CRAVEN of Androscoggin
            HAMPER of Oxford
            LACHOWICZ of Kennebec

Representatives:

            FARNSWORTH of Portland
            CASSIDY of Lubec
            DORNEY of Norridgewock
            GATTINE of Westbrook
            MALABY of Hancock


            McELWEE of Caribou
            PRINGLE of Windham
            SANDERSON of Chelsea
            STUCKEY of Portland

The Minority of the same Committee on the same subject reported that the same Ought To Pass.

 

Signed:

 

Representative:

            SIROCKI of Scarborough

 

 

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

 

_________________________________

 

Senate

 

Ought to Pass

 

(5-7)  Senator BOYLE for the Committee on ENVIRONMENT AND NATURAL RESOURCES on Bill "An Act To Provide Clarity to Priority Chemical Reporting Requirements"

S.P. 153  L.D. 373

 

Reported that the same Ought to Pass.

_________________________________

 

Ought to Pass As Amended

 

 

(5-8)  Senator GERZOFSKY for the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY on Bill "An Act Criminalizing Trafficking in Contraband or Alcoholic Beverages in State Hospitals Serving Adults"

S.P. 87  L.D. 251

 

Reported that the same Ought to Pass as Amended by Committee Amendment "A" (S-124).

 

_________________________________

 

(5-9)  Senator MILLETT for the Committee on EDUCATION AND CULTURAL AFFAIRS on Bill "An Act To Clarify the Criteria of the Health Professions Loan Program as It Affects Physicians Practicing Neurology-psychiatry"

S.P. 375  L.D. 1093

 

Reported that the same Ought to Pass as Amended by Committee Amendment "A" (S-119).

_________________________________


(5-10)  Senator CRAVEN for the Committee on HEALTH AND HUMAN SERVICES on Bill "An Act To Increase Patient Choice in Health Care Facilities and Health Care Settings"

S.P. 179  L.D. 447

 

Reported that the same Ought to Pass as Amended by Committee Amendment "A" (S-122).

 

 

_________________________________

 

 

Divided Report

 

 

(5-11)  The Majority of the Committee on INLAND FISHERIES AND WILDLIFE on Resolve, To Allow the Use of Live Bait When Ice Fishing in Certain Waters of the State

S.P. 59  L.D. 170

 

Reported that the same Ought Not to Pass.

 

Signed:

 

Senators:

            DUTREMBLE of York
            HASKELL of Cumberland

Representatives:

            SHAW of Standish
            BRIGGS of Mexico
            CRAFTS of Lisbon
            DAVIS of Sangerville
            ESPLING of New Gloucester
            EVANGELOS of Friendship
            KUSIAK of Fairfield
            MARKS of Pittston
            SHORT of Pittsfield
            WOOD of Sabattus

The Minority of the same Committee on the same subject reported that the same Ought To Pass.

 

Signed:

 

Senator:

            BURNS of Washington

 

_________________________________

 

 


Divided Report

 

 

(5-12)  The Majority of the Committee on INLAND FISHERIES AND WILDLIFE on Bill "An Act To Allow Crossbow Hunting during Muzzle-loading Season"

S.P. 97  L.D. 264

 

Reported that the same Ought Not to Pass.

 

Signed:

 

Senators:

            DUTREMBLE of York
            HASKELL of Cumberland

Representatives:

            SHAW of Standish
            BRIGGS of Mexico
            DAVIS of Sangerville
            ESPLING of New Gloucester
            EVANGELOS of Friendship
            KUSIAK of Fairfield
            MARKS of Pittston
            SHORT of Pittsfield

The Minority of the same Committee on the same subject reported that the same Ought To Pass.

 

Signed:

 

Senator:

            BURNS of Washington

Representatives:

            CRAFTS of Lisbon
            WOOD of Sabattus

 

_________________________________

 

 

Divided Report

 

 

(5-13)  The Majority of the Committee on INLAND FISHERIES AND WILDLIFE on Bill "An Act To Allow a Person Who Is 60 Years of Age or Older To Use a Crossbow during the Open Seasons on Wild Birds and Animals"

S.P. 136  L.D. 356

 

Reported that the same Ought Not to Pass.

 


Signed:

 

Senators:

            DUTREMBLE of York
            HASKELL of Cumberland

Representatives:

            SHAW of Standish
            BRIGGS of Mexico
            DAVIS of Sangerville
            ESPLING of New Gloucester
            EVANGELOS of Friendship
            KUSIAK of Fairfield
            MARKS of Pittston
            SHORT of Pittsfield

The Minority of the same Committee on the same subject reported that the same Ought To Pass.

 

Signed:

 

Senator:

            BURNS of Washington

Representatives:

            CRAFTS of Lisbon
            WOOD of Sabattus

 

_________________________________

 

 

Divided Report

 

 

(5-14)  The Majority of the Committee on INSURANCE AND FINANCIAL SERVICES on Bill "An Act To Amend the Health Plan Improvement Law Regarding Prescription Drug Step Therapy and Prior Authorization"

S.P. 329  L.D. 984

 

Reported that the same Ought to Pass as Amended by Committee Amendment "A" (S-123).

 

Signed:

 

Senators:

            GRATWICK of Penobscot
            WOODBURY of Cumberland

Representatives:

            TREAT of Hallowell
            BEAUDOIN of Biddeford


            BECK of Waterville
            COOPER of Yarmouth
            DOAK of Columbia Falls
            McCLELLAN of Raymond
            MORRISON of South Portland
            PRINGLE of Windham
            WALLACE of Dexter

The Minority of the same Committee on the same subject reported that the same Ought Not To Pass.

 

Signed:

 

Senator:

            WHITTEMORE of Somerset

Representative:

            FITZPATRICK of Houlton

 

_________________________________

 

 

Divided Report

 

 

(5-15)  The Majority of the Committee on LABOR, COMMERCE, RESEARCH AND ECONOMIC DEVELOPMENT on Bill "An Act Regarding Contract Indemnification"

S.P. 290  L.D. 865

 

Reported that the same Ought Not to Pass.

 

Signed:

 

Senator:

            PATRICK of Oxford

Representatives:

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

The Minority of the same Committee on the same subject reported that the same Ought To Pass as Amended by Committee Amendment "A" (S-125).

 

Signed:

 


Senator:

            CUSHING of Penobscot

Representatives:

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

 

_________________________________

 

 

ENACTORS

 

 

The Committee on Engrossed Bills reported as truly and strictly engrossed the following:

 

Emergency Measure

 

(7-1)  An Act To Exempt Members of the Penobscot Nation, the Passamaquoddy Tribe, the Houlton Band of Maliseet Indians and the Aroostook Band of Micmacs from Special Training Requirements for Archery and Trapping

H.P. 215  L.D. 306

 

 

_________________________________

 

 

Emergency Measure

 

(7-2)  An Act To Protect the State's Property Rights in Maine State Museum Research

H.P. 717  L.D. 1019
(C "A" H-188)

 

 

_________________________________

 

 

Mandate

 

(7-3)  An Act To Ensure Access to Information in the Property Tax Abatement Process

H.P. 491  L.D. 719
(C "A" H-190)

 

 

_________________________________

 

 


Acts

 

 

(7-4)  An Act To Make Changes to the Potato Marketing Improvement Fund

H.P. 9  L.D. 5
(C "A" H-198)

 

 

(7-5)  An Act To Amend the Motor Vehicle Ignition Interlock Device Requirements in the Laws Regarding Operating Under the Influence

S.P. 36  L.D. 85

 

 

(7-6)  An Act To Clarify Tax Increment Financing

H.P. 382  L.D. 563
(C "A" H-193)

 

 

(7-7)  An Act To Amend the Site Location of Development Laws

S.P. 244  L.D. 695
(C "A" S-91)

 

 

(7-8)  An Act To Recodify the Land Surveyor Licensing Laws

H.P. 906  L.D. 1267

 

 

(7-9)  An Act To Exempt from Sales Tax the Sales of Adaptive Equipment To Make a Vehicle Handicapped Accessible

H.P. 978  L.D. 1370
(C "A" H-192)

 

 

(7-10)  An Act To Allow a Setoff of a Third-party Bailor's Property under Certain Conditions

H.P. 1007  L.D. 1419

 

 

(7-11)  An Act To Allow Certain Military Personnel To Administer Oaths and Perform the Duties of a Notary Public

H.P. 1089  L.D. 1516

 

_________________________________

 

Resolve

 

(7-12)  Resolve, To Ensure Landfill Capacity and Promote Recycling

H.P. 971  L.D. 1363
(C "A" H-182)

 

_________________________________


ORDERS OF THE DAY

 

Unfinished Business

 

The following matters in the consideration of which the Senate was engaged at the time of Adjournment have preference in the Orders of the Day and continue with such preference until disposed of as provided by Senate Rule 516.

 

1.

 

Tabled and Later Assigned (5/14/13)

 

HOUSE REPORTS - from the Committee on JUDICIARY on Bill "An Act To Include a Representative of the Aroostook Band of Micmacs in the House of Representatives"

H.P. 40  L.D. 45

 

 

 

Majority - Ought to Pass as Amended by Committee Amendment "A" (H-141) (12 members)

 

Minority - Ought Not to Pass (1 member)

 

Tabled - May 14, 2013, by Senator VALENTINO of York

 

Pending - motion by same Senator to ACCEPT the Majority OUGHT TO PASS AS AMENDED Report, in concurrence

 

 

(In House, May 9, 2013, Majority OUGHT TO PASS AS AMENDED Report READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-141).)

 

(In Senate, May 14, 2013, Reports READ.)

_________________________________

 

2.

 

Tabled and Later Assigned (5/14/13)

 

SENATE REPORTS - from the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY on Bill "An Act Regarding the Sale of Firearms at Gun Shows"

S.P. 100  L.D. 267

 

 

 

Majority - Ought to Pass as Amended by Committee Amendment "A" (S-79) (7 members)

 

Minority - Ought Not to Pass (6 members)

 


Tabled - May 14, 2013, by Senator GERZOFSKY of Cumberland

 

Pending - motion by same Senator to ACCEPT the Majority OUGHT TO PASS AS AMENDED Report

 

 

(In Senate, May 14, 2013, Reports READ.)

 

 

_________________________________

 

 

3.

 

Tabled and Later Assigned (5/16/13)

 

JOINT RESOLUTION - Affirming the Friendship Between the State of Maine and the Republic of China

H.P. 943

 

Tabled - May 16, 2013, by Senator JACKSON of Aroostook

 

Pending - ADOPTION, in concurrence

 

 

(In House, May 15, 2013, READ and ADOPTED AS AMENDED BY HOUSE AMENDMENT “B” (H-154).)

 

(In Senate, May 16, 2013, READ.)

_________________________________

 

 

4.

 

Tabled and Later Assigned (5/20/13)

 

HOUSE REPORTS - from the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY on Bill "An Act To Require Firearms Used in the Commission of Certain Acts To Be Civilly Forfeited to the State and Destroyed"

H.P. 497  L.D. 724

 

 

 

Majority - Ought to Pass (11 members)

 

Minority - Ought Not to Pass (2 members)

 

Tabled - May 20, 2013, by Senator GERZOFSKY of Cumberland

 


Pending - motion by same Senator to ACCEPT the Majority OUGHT TO PASS Report, in concurrence

 

 

(In House, May 16, 2013, Majority OUGHT TO PASS Report READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY HOUSE AMENDMENT "A" (H-183).)

 

(In Senate, May 20, 2013, Reports READ.)

 

 

_________________________________

 

 

5.

 

Tabled and Later Assigned (5/21/13)

 

HOUSE REPORTS - from the Committee on HEALTH AND HUMAN SERVICES on Bill "An Act To Inform Persons of the Options for the Treatment of Lyme Disease"

H.P. 416  L.D. 597

 

 

 

Majority - Ought to Pass as Amended by Committee Amendment "A" (H-184) (11 members)

 

Minority - Ought to Pass as Amended by Committee Amendment "B" (H-185) (2 members)

 

Tabled - May 21, 2013, by Senator CRAVEN of Androscoggin

 

Pending - motion by same Senator to ACCEPT the Minority OUGHT TO PASS AS AMENDED BY COMMITTEE AMENDMENT "B" (H-185) Report, in NON-CONCURRENCE

 

 

(In House, May 20, 2013, Majority OUGHT TO PASS AS AMENDED BY COMMITTEE AMENDMENT "A" (H-184) Report READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-184).)

 

(In Senate, May 21, 2013, Reports READ.)

 

 

_________________________________

 

 


6.

 

Tabled and Later Assigned (5/21/13)

 

SENATE REPORTS - from the Committee on AGRICULTURE, CONSERVATION AND FORESTRY on Resolve, To Provide a Pesticide Spraying Notification Process

S.P. 493  L.D. 1391

 

 

 

Majority - Ought Not to Pass (8 members)

 

Minority - Ought to Pass as Amended by Committee Amendment "A" (S-101) (5 members)

 

Tabled - May 21, 2013, by Senator JACKSON of Aroostook

 

Pending - motion by same Senator to ACCEPT the Majority OUGHT NOT TO PASS Report

 

 

(In Senate, May 21, 2013, Reports READ.)

 

 

_________________________________

 

 

7.

 

Tabled and Later Assigned (5/21/13)

 

 

Emergency

Resolve, Directing the Public Utilities Commission To Examine Measures To Mitigate the Effects of Geomagnetic Disturbances and Electromagnetic Pulse on the State's Transmission System

H.P. 106  L.D. 131
(C "A" H-121)

 

 

Tabled - May 21, 2013, by Senator THIBODEAU of Waldo

 

Pending - FINAL PASSAGE, in concurrence

 

 

(In House, May 16, 2013, FINALLY PASSED.)

 

(In Senate, May 14, 2013, PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-121), in concurrence.)

 

 

_________________________________


8.

 

Tabled and Later Assigned (5/22/13)

 

JOINT RESOLUTION - memorializing Alan B. Ordway, of Bridgton

HLS 297

 

Tabled - May 22, 2013, by Senator PATRICK of Oxford

 

Pending - ADOPTION, in concurrence

 

 

(In House, May 21, 2013, READ and ADOPTED.)

 

(In Senate, May 22, 2013, READ.)

 

 

_________________________________

 

 

9.

 

Tabled and Later Assigned (5/22/13)

 

HOUSE REPORTS - from the Committee on JUDICIARY on Bill "An Act To Retain the Position of Parent Coordinator in the Judicial Branch"

H.P. 42  L.D. 47

 

 

 

Majority - Ought Not to Pass (11 members)

 

Minority - Ought to Pass as Amended by Committee Amendment "A" (H-206) (2 members)

 

Tabled - May 22, 2013, by Senator VALENTINO of York

 

Pending - motion by same Senator to ACCEPT EITHER REPORT

 

 

(In House, May 21, 2013, Majority OUGHT NOT TO PASS Report READ and ACCEPTED.)

 

(In Senate, May 22, 2013, Reports READ.)

 

 

_________________________________

 

 


10.

 

Tabled and Later Assigned (5/22/13)

 

HOUSE REPORTS - from the Committee on STATE AND LOCAL GOVERNMENT on Bill "An Act To Change the Schedule for the Beginning of the Biennial Budget Cycle"

H.P. 58  L.D. 80

 

 

 

Majority - Ought Not to Pass (6 members)

 

Minority - Ought to Pass as Amended by Committee Amendment "A" (H-200) (5 members)

 

Tabled - May 22, 2013, by Senator LACHOWICZ of Kennebec

 

Pending - motion by same Senator to ACCEPT the Majority OUGHT NOT TO PASS Report, in concurrence

 

 

(In House, May 21, 2013, Majority OUGHT NOT TO PASS Report READ and ACCEPTED.)

 

(In Senate, May 22, 2013, Reports READ.)

 

 

_________________________________

 

 

11.

 

Tabled and Later Assigned (5/23/13)

 

HOUSE REPORTS - from the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY on Bill "An Act To Clarify the Law Concerning the Threatening Display of Dangerous Weapons"

H.P. 255  L.D. 380

 

 

 

Majority - Ought to Pass as Amended by Committee Amendment "A" (H-204) (9 members)

 

Minority - Ought Not to Pass (4 members)

 

Tabled - May 23, 2013, by Senator GERZOFSKY of Cumberland

 

Pending - motion by same Senator to ACCEPT the Majority OUGHT TO PASS AS AMENDED Report, in concurrence

 

 


(In House, May 22, 2013, Majority OUGHT TO PASS AS AMENDED Report READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-204).)

 

(In Senate, May 23, 2013, Reports READ.)

 

 

_________________________________

 

 

12.

 

Tabled and Later Assigned (5/23/13)

 

HOUSE REPORTS - from the Committee on INSURANCE AND FINANCIAL SERVICES on Bill "An Act Regarding Subrogation of Medical Payments Coverage"

H.P. 507  L.D. 756

 

 

 

Majority - Ought Not to Pass (7 members)

 

Minority - Ought to Pass as Amended by Committee Amendment "A" (H-203) (5 members)

 

Tabled - May 23, 2013, by Senator GRATWICK of Penobscot

 

Pending - motion by same Senator to ACCEPT the Minority OUGHT TO PASS AS AMENDED Report, in concurrence

 

 

(In House, May 22, 2013, Minority OUGHT TO PASS AS AMENDED Report READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-203).)

 

(In Senate, May 23, 2013, Reports READ.)

 

 

_________________________________

 

 

13.

 

Tabled and Later Assigned (5/23/13)

 

SENATE REPORTS - from the Committee on LABOR, COMMERCE, RESEARCH AND ECONOMIC DEVELOPMENT on Resolve, To Direct the Department of Economic and Community Development To Adopt Certain Eligibility Requirements Regarding Community Development Block Grants

S.P. 560  L.D. 1499

 


Majority - Ought Not to Pass (7 members)

 

Minority - Ought to Pass (6 members)

 

Tabled - May 23, 2013, by Senator PATRICK of Oxford

 

Pending - motion by same Senator to ACCEPT the Minority OUGHT TO PASS Report

 

 

(In Senate, May 23, 2013, Reports READ.)

 

 

_________________________________

 

 

14.

 

Tabled and Later Assigned (5/23/13)

 

Bill "An Act To Provide Increased Opportunities on the Allagash Wilderness Waterway"

S.P. 102  L.D. 269
(C "A" S-85)

 

 

Tabled - May 23, 2013, by Senator JACKSON of Aroostook

 

Pending - ENACTMENT, in NON-CONCURRENCE

 

 

(In House, May 22, 2013, FAILED ENACTMENT.)

 

(In Senate, May 16, 2013, PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (S-85).)

 

 

_________________________________

 

SPECIAL STUDY TABLE

 

 

1.

 

 

Emergency

Resolve, To Create the Task Force on the Prevention of Sexual Abuse of Children

H.P. 77  L.D. 95
(C "A" H-79)

 

 

Tabled - May 7, 2013, by Senator GOODALL of Sagadahoc


Pending - FINAL PASSAGE, in concurrence

 

(In House, May 2, 2013, FINALLY PASSED.)

 

(In Senate, April 30, 2013, PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-79), in concurrence.)

 

 

 

_________________________________

 

 

SPECIAL APPROPRIATIONS TABLE

 


L.D. 20 - S.P. 12
L.D. 29 - S.P. 18
L.D. 30 - S.P. 19
L.D. 61 - H.P. 53 (C "A" H-30)
L.D. 87 - S.P. 38 (C "A" S-33)
L.D. 90 - S.P. 41 (S "A" S-83 to C "A" S-71)
L.D. 92 - H.P. 74 (C "A" H-53)
L.D. 126 - S.P. 47 (CC "A" S-63)
L.D. 136 - H.P. 111 (C "A" H-82)
L.D. 172 - S.P. 61 (C "A" S-61)
L.D. 180 - H.P. 140 (C "A" H-10)
L.D. 182 - H.P. 142 (C "A" H-29)
L.D. 230 - H.P. 191 (C "A" H-76)
L.D. 234 - S.P. 70 (C "A" S-11)
L.D. 260 - S.P. 93 (C "A" S-7)
L.D. 377 - H.P. 252 (C "A" H-21)
L.D. 396 - H.P. 271 (C "A" H-123)
L.D. 401 - H.P. 276 (C "A" H-166)
L.D. 436 - S.P. 168 (C "A" S-10)
L.D. 440 - S.P. 172 (C "A" S-24)
L.D. 455 - H.P. 305 (C "A" H-15)
L.D. 487 - H.P. 337 (C "A" H-99)
L.D. 499 - H.P. 341 (C "A" H-18)
L.D. 541 - H.P. 360 (C "A" H-74)
L.D. 611 - H.P. 430 (C "A" H-16)
L.D. 629 - S.P. 219 (C "A" S-25)
L.D. 631 - S.P. 221 (C "A" S-20)
L.D. 741 - S.P. 279 (C "A" S-54)
L.D. 915 - H.P. 639 (C "A" H-119)
L.D. 932 - H.P. 656 (C "A" H-117)
L.D. 979 - H.P. 693 (C "A" H-122)
L.D. 1036 - H.P. 731 (C "A" H-111)
L.D. 1151 - H.P. 816 (C "A" H-105; H "A" H-110)
L.D. 1164 - S.P. 401 (C "A" S-80)
L.D. 1172 - S.P. 409 (C "A" S-59)
L.D. 1280 - S.P. 442 (C "A" S-84)
L.D. 1353 - S.P. 472 (C "A" S-70)



 

_________________________________