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The House Calendar

The Advance Journal and Calendar of the House of Representatives

ONE HUNDRED AND TWENTY-EIGHTH MAINE LEGISLATURE
SECOND REGULAR SESSION


 

6th Legislative Day

Monday, July 9, 2018

 

            Calling of the House to Order by the Speaker.

 

            Prayer by Honorable Martin J. Grohman, Biddeford.

 

            National Anthem by Honorable Seth A. Berry, Bowdoinham.

 

            Pledge of Allegiance.

 

            Reading of the Journal of Tuesday, June 26, 2018.

_________________________________

 

SENATE PAPERS

 

Non-Concurrent Matter

 

 

            (1-1)  An Act To Authorize a General Fund Bond Issue To Build Maine's Workforce Development Capacity by Modernizing and Improving the Facilities and Infrastructure of Maine's Public Universities and Community Colleges (BOND ISSUE)

(H.P. 585)  (L.D. 836)
(C. "A" H-802)

 

            FAILED of PASSAGE TO BE ENACTED in the House on June 25, 2018.

 

            Comes from the Senate PASSED TO BE ENACTED in NON-CONCURRENCE.

 

_________________________________

 

 

COMMUNICATIONS

 

 


 

            (2-1)  The Following Communication: (H.C. 549)

 

                        and accompanying veto, item (2-2)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

1 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0001

 

July 2, 2018

 

The 128th Legislature of the State of Maine

State House

Augusta, Maine

 

Dear Honorable Members of the 128th 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 105, "An Act To Create the Substance Use Disorders Cabinet."

 

This bill is politically driven, not funded, and asks people who are already overworked to manage additional bureaucracy. The bill would simply create another committee—made up largely of commissioners and high-level government executives—to meet and, among other things, communicate and collaborate on issues that are already being discussed collaboratively and implemented in state government.

 

While communication and coordination between state entities is important, this bill creates an unwieldy bureaucratic committee and is based on the premise that government is the solution to substance abuse. Growing government, creating additional bureaucracy, and conducting more meetings is rarely the answer, and it is not the answer this time either.

 

For this reason, I return LD 105 unsigned and vetoed. I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

_________________________________

 

 

            (2-2)  The accompanying item An Act To Create the Substance Use Disorders Cabinet

(H.P. 73)  (L.D. 105)
(C. "A" H-645)

 

_________________________________

 

 


 

            (2-3)  The Following Communication: (H.C. 550)

 

                        and accompanying veto, item (2-4)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

1 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0001

 

July 2, 2018

 

The 128th Legislature of the State of Maine

State House

Augusta, Maine

 

Dear Honorable Members of the 128th 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 170, "An Act To Allow and Recognize a Legal Name Change upon Marriage."

 

This bill is a solution in search of a problem. For generations, married couples have utilized their marriage license as documentation to make a name change and that can still be done today. Certainly, the process of notifying Social Security, the DMV, banking institutions, insurance companies and all the organizations where the name must be updated is arduous, but it is doable. The Office of Data, Research, and Vital Statistics does not see the need for this change and believes it may just further complicate the process.

 

A longer, more complicated marriage application form will not create simplicity and will not make life better or easier for Mainers. We should stick with what we have today—it works.

 

For this reason, I return LD 170 unsigned and vetoed. I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

_________________________________

 

 

            (2-4)  The accompanying item An Act To Allow and Recognize a Legal Name Change upon Marriage

(H.P. 126)  (L.D. 170)
(C. "A" H-274)

 

_________________________________

 

 


 

            (2-5)  The Following Communication: (H.C. 551)

 

                        and accompanying veto, item (2-6)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

1 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0001

 

July 2, 2018

 

The 128th Legislature of the State of Maine

State House

Augusta, Maine

 

Dear Honorable Members of the 128th 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 837, "An Act To Provide Supplemental Appropriations and Allocations for the Operations of State Government."

 

I previously vetoed Medicaid expansion six times, and I count those six vetoes among the most important acts of my governorship. I believe it was the right thing to do, unless it is sustainably funded into the foreseeable future.

 

The Medicaid expansions of past administrations were some of the most destructive public policies in modern Maine history, creating hundreds of millions of dollars in hospital debt, crowding out funding for critical budget priorities, regularly creating massive budget shortfalls, hurting the state's credit rating, creating upward pressure on the state's tax burden, and perpetuating a culture of dependency that once solidified Maine's status as a welfare state.

 

When voters approved the expansion initiative, I disagreed with the wisdom of the decision but have always recognized that it is the law. However, when the ballot question was presented to voters, it did not include any funding mechanism to pay the $50 million annual price tag of expansion, which is only expected to rise in future years. The initiative could have included a funding mechanism—as other initiatives have—but it did not. It was thus understood by voters and the Legislature that further implementing appropriations were necessary to cover the projected state costs.

 

This funding was left to the ordinary appropriations process, of which the Governor is an important part. After failing to even pass a funding bill during the ordinary legislative session, the special session has produced a hasty, ill-conceived proposal drawing upon two unsustainable budget gimmicks: use of one-time money from the State's tobacco settlement, and the diversion of part of the current surplus. This is precisely the type of last-minute spending that caused so much trouble in the past.

 

It is shameful that we are discussing the provision of Medicaid benefits to able bodied, childless adults while failing to identify adequate, sustainable funding to clear existing waitlists for intellectually disabled Mainers. Nonetheless, Medicaid expansion is the law, and the Legislature needs a sustainable method of funding to cover the hundreds of millions of dollars that will be needed in the coming fiscal year. The people of Maine deserve no less. It can easily be done if the Legislature had the will to do so. Our job should be to protect Maine people, not simply seek re-election votes.

 

For these reasons, I return LD 837 unsigned and vetoed.  I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

_________________________________

 

 

            (2-6)  The accompanying item An Act To Provide Supplemental Appropriations and Allocations for the Operations of State Government

(H.P. 586)  (L.D. 837)
(S. "C" S-502 to C. "A" H-751)

 

_________________________________

 

 


 

            (2-7)  The Following Communication: (H.C. 552)

 

                        and accompanying veto, item (2-8)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

1 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0001

 

July 2, 2018

 

The 128th Legislature of the State of Maine

State House

Augusta, Maine

 

Dear Honorable Members of the 128th 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 842, "Resolve, To Support Home Health Services."

 

This bill provides a rate increase specific to just one type of Home Health services—Section 40 in the Maine Care Benefits Manual.  Section 40 services are similar to Home Health services available under Section 96 and Section 19, but are intended to be relatively short-term, such as rehabilitation after a hospital stay. Over the past couple of years, DHHS has done significant work related to rates for Home Health services. It is imperative that an agency with a more than $3.5 billion budget makes rate adjustments in a thoughtful, rational manner.  In setting rates, it is vital that proper rates be determined using information from an outside, unbiased expert in actuarial analysis specializing in Medicaid—not anecdotal information heard by legislators. 

 

The rates for Section 40 Home Health services have had a thorough review by such an outside entity over nearly a two-year period. The result of the review conducted was that the rates should receive a reduction, not an increase. While it would have been appropriate, based on the rate study, to propose a decrease to the rates, the department opted to leave the current rates in place. This bill ignores the review of outside experts and the decision of the department to maintain rates in the face of a recommended decrease.  Instead, the bill inappropriately provides an increase to providers who should not receive one. 

 

For this reason, I return LD 842 unsigned and vetoed. I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

_________________________________

 

 

            (2-8)  The accompanying item Resolve, To Support Home Health Services

(H.P. 591)  (L.D. 842)
(C. "B" H-728)

 

_________________________________

 

 


 

            (2-9)  The Following Communication: (H.C. 553)

 

                        and accompanying veto, item (2-10)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

1 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0001

 

July 2, 2018

 

The 128th Legislature of the State of Maine

State House

Augusta, Maine

 

Dear Honorable Members of the 128th 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 843, "An Act to Adjust the Formula for Calculating the Allocation of Moose Permits for Hunting Lodges."

 

This bill seeks to change the way in which Moose Permits are distributed so as to issue some permits directly to hunting lodges. The biologists determine the annual number of available moose permits. There are always more applicants for Moose Permits than there are permits available, this is why the Department of Inland Fish and Wildlife runs the annual Moose Permit Lottery.

 

Although current law does set aside a small percentage of permits for hunting lodges, that set-aside is not triggered until a particular threshold of available permits is met. The hunting-lodge set-aside has never been triggered because the Department's biologists have never authorized that threshold of available permits.  These experts strictly regulate the available permits each year based on the conditions of the moose herd.  This is as it should be.

 

LD 843 would decrease the number of moose permits issued to nonresidents from 10 percent of the available moose permits each year to 8 percent and allocate 2 percent to hunting lodges. This bill will reduce the chances for individual hunters to obtain a Moose Permit and allow hunting lodges to profit off a dedicated stream of permits. 

 

Right now, if a hunting lodge wants to market a moose hunt, they encourage moose-permit lottery winners to book the hunt with their lodge.  Under LD 843, the lodge would market a package deal tied to the Moose Permit, although the permit still must be purchased from the state. This will be a fundamental shift in the Moose hunt, and put outfitters without Moose Permits at a disadvantage to those with Moose permits.

 

People who want to hunt Moose enter the lottery. This is a fair and simple process.  There is no need to reinvent the wheel.

 

For this reason, I return LD 843 unsigned and vetoed.  I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

_________________________________

 

 

            (2-10)  The accompanying item An Act To Adjust the Formula for Calculating the Allocation of Moose Permits for Hunting Lodges

(H.P. 592)  (L.D. 843)
(C. "A" H-217)

 

_________________________________

 

 


 

            (2-11)  The Following Communication: (H.C. 554)

 

                        and accompanying veto, item (2-12)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

1 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0001

 

July 2, 2018

 

The 128th Legislature of the State of Maine

State House

Augusta, Maine

 

Dear Honorable Members of the 128th 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 924, "An Act Making Certain Supplemental Appropriations and Allocations and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government," and LD 925, "An Act Making Certain Appropriations and Allocations and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government."

 

Both of these bills provide significant funding to help ensure adequate treatment and services for many of Maine's most vulnerable. I have no desire to enter into a debate about the details in either of these bills. Truthfully, I largely agree with the Legislature's assessment that something needs to be done. Our seniors and our people with disabilities need more direct care workers, home health services and nursing facilities.  Rate changes are necessary to attract and keep quality workers to provide care.  However, although some of the need for higher reimbursement rates is being driven by the tight labor market—especially in Southern Maine, much of the demand is caused by the mandated statewide increase in the minimum wage.

 

Maine's labor markets should be able to set wages according to local demand for the skills each worker brings to the table, not the government. The inflexible, statewide, one-size-fits all minimum wage law has taken the flexibility out of the market. 

 

To keep up with the increases set in the minimum wage law, the State will need to increase reimbursements to non-profit healthcare agencies to compensate for rising wages. These two bills attempt to do that, but they do not address the root cause of the problem, as I asked the Legislature to do.

 

Increasing the reimbursement rates effective July 1 is a short-term compromise that fails to resolve the ongoing pressure to raise wages. Year after year, these non-profits will need more money to keep pace with the raises required by statute, a dollar next year and another the year after, with permanent, unpredictable, ongoing increases each year thereafter tied to the Consumer Price Index. The wage for January 1 of each year starting in 2021 will not be known until October, forcing the Legislature to come into session and pass retroactive increases to reimbursement rates. 

 

This is no way to budget.  It will continue to place these nonprofit healthcare agencies in economic limbo. It will do the same to our businesses.

 

Not slowing the rise of the minimum wage is having a detrimental effect on our labor shortage. We don't have enough people. Employers need the flexibility to pay market rates to attract workers to Maine and to rural areas. In some cases, because an employer needs a certain specialized skill, that employer may have to pay above-market rates. Having the government dictate what other workers must be paid lessens that employer's flexibility to pay that higher wage.

 

When employers are forced to provide mandated increases in the minimum wage, this also removes their flexibility to provide other benefits and additional types of compensation.  Vacation pay, sick pay and benefits such as health or disability insurance and annual or merit bonuses are additional—and valuable—forms of compensation that employers may offer in lieu of higher hourly wages.  Employees at all levels lose out on these benefits when government mandates wages for entry-level workers.

 

We are beginning to see the impact to our economy. Our economy has been largely able to absorb the increases to $10 until now because of already rising wages due to our improving economy and tight labor market. But our economy is starting to overheat and the increases to $11 and $12 push our labor market into new territory. In 2020, when Maine's minimum wage is $12, only the states of California, New York, Massachusetts and Washington will have a higher minimum wage than ours, and only Oregon, Arizona and Colorado will be at $12. Our economy and industry sectors are completely different than those of these states. Maine's businesses will be at a competitive disadvantage on the cost of labor alone, never mind the other detrimental effects of this government mandate.

 

Wage compression caused by the state's minimum wage increases are putting real pressure on businesses. Workers who've been in jobs for a couple years longer than new hires want raises on par with recent increases in the minimum wage. They rightly believe their experience and loyalty should be reflected in their wages. If an employer cannot keep pace, it has a negative impact on the morale of a workforce.

 

In this tight labor market, wage compression is making it harder for employers to keep workers. When employers cannot match those pay increases, they adjust their operations to decrease labor costs. By shifting responsibilities, an employer with 10 employees may now get by with eight, or the employer may decrease the number of hours the shop is open or may close one day a week. As a result, workers lose jobs, hours and pay. 

 

A study that came out just a year ago looked at the labor market in Seattle and found that workers' paychecks were more than $100 smaller on average because of lost hours as the minimum wage increased. Maine does not have the economy of Seattle, so expect the effects to be worse, especially in our rural areas.  

 

Maine employers have testified to LCRED that they'll cut hours and raise prices if the minimum wage increases.  The Legislature ignores this testimony at the peril of our economy.

 

Maine's overly complicated labor laws also tie the paychecks of salaried overtime-exempt workers to the minimum wage.  As of January 1 of this year, any worker classified as salary exempt must be making at least $30,000; next January that will climb to $33,000, and January of 2020 it will climb to $36,000.  This will put further pressure on employers because the federal requirement for a salaried overtime-exempt worker is about $24,000, as it was in Maine until 2017.  Although this likely only affects overtime-exempt workers in the lower salary ranges, this is one more governmental requirement that makes Maine a more difficult place to do business and decreases our competitiveness. This tie to the salary range also affects the health care non-profits these bills are intended to help.

 

The Speaker is insistent on sending our economy into a recession from the compounding headaches caused by the minimum wage. She is more concerned about votes than protecting the jobs and paychecks of the people of Maine.

 

For this reason, I return LD 924 and 925 unsigned and vetoed. I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

_________________________________

 

 

            (2-12)  The accompanying item An Act Making Certain Supplemental Appropriations and Allocations and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government (EMERGENCY)

(H.P. 652)  (L.D. 924)
(S. "A" S-529 to C. "A" H-790)

 

_________________________________

 

 


 

            (2-13)  The Following Communication: (H.C. 555)

 

                        and accompanying veto, item (2-14)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

1 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0001

 

July 2, 2018

 

The 128th Legislature of the State of Maine

State House

Augusta, Maine

 

Dear Honorable Members of the 128th 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 924, "An Act Making Certain Supplemental Appropriations and Allocations and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government," and LD 925, "An Act Making Certain Appropriations and Allocations and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government."

 

Both of these bills provide significant funding to help ensure adequate treatment and services for many of Maine's most vulnerable. I have no desire to enter into a debate about the details in either of these bills. Truthfully, I largely agree with the Legislature's assessment that something needs to be done. Our seniors and our people with disabilities need more direct care workers, home health services and nursing facilities.  Rate changes are necessary to attract and keep quality workers to provide care.  However, although some of the need for higher reimbursement rates is being driven by the tight labor market—especially in Southern Maine, much of the demand is caused by the mandated statewide increase in the minimum wage.

 

Maine's labor markets should be able to set wages according to local demand for the skills each worker brings to the table, not the government. The inflexible, statewide, one-size-fits all minimum wage law has taken the flexibility out of the market. 

 

To keep up with the increases set in the minimum wage law, the State will need to increase reimbursements to non-profit healthcare agencies to compensate for rising wages. These two bills attempt to do that, but they do not address the root cause of the problem, as I asked the Legislature to do.

 

Increasing the reimbursement rates effective July 1 is a short-term compromise that fails to resolve the ongoing pressure to raise wages. Year after year, these non-profits will need more money to keep pace with the raises required by statute, a dollar next year and another the year after, with permanent, unpredictable, ongoing increases each year thereafter tied to the Consumer Price Index. The wage for January 1 of each year starting in 2021 will not be known until October, forcing the Legislature to come into session and pass retroactive increases to reimbursement rates. 

 

This is no way to budget.  It will continue to place these nonprofit healthcare agencies in economic limbo. It will do the same to our businesses.

 

Not slowing the rise of the minimum wage is having a detrimental effect on our labor shortage. We don't have enough people. Employers need the flexibility to pay market rates to attract workers to Maine and to rural areas. In some cases, because an employer needs a certain specialized skill, that employer may have to pay above-market rates. Having the government dictate what other workers must be paid lessens that employer's flexibility to pay that higher wage.

 

When employers are forced to provide mandated increases in the minimum wage, this also removes their flexibility to provide other benefits and additional types of compensation.  Vacation pay, sick pay and benefits such as health or disability insurance and annual or merit bonuses are additional—and valuable—forms of compensation that employers may offer in lieu of higher hourly wages.  Employees at all levels lose out on these benefits when government mandates wages for entry-level workers.

 

We are beginning to see the impact to our economy. Our economy has been largely able to absorb the increases to $10 until now because of already rising wages due to our improving economy and tight labor market. But our economy is starting to overheat and the increases to $11 and $12 push our labor market into new territory. In 2020, when Maine's minimum wage is $12, only the states of California, New York, Massachusetts and Washington will have a higher minimum wage than ours, and only Oregon, Arizona and Colorado will be at $12. Our economy and industry sectors are completely different than those of these states. Maine's businesses will be at a competitive disadvantage on the cost of labor alone, never mind the other detrimental effects of this government mandate.

 

Wage compression caused by the state's minimum wage increases are putting real pressure on businesses. Workers who've been in jobs for a couple years longer than new hires want raises on par with recent increases in the minimum wage. They rightly believe their experience and loyalty should be reflected in their wages. If an employer cannot keep pace, it has a negative impact on the morale of a workforce.

 

In this tight labor market, wage compression is making it harder for employers to keep workers. When employers cannot match those pay increases, they adjust their operations to decrease labor costs. By shifting responsibilities, an employer with 10 employees may now get by with eight, or the employer may decrease the number of hours the shop is open or may close one day a week. As a result, workers lose jobs, hours and pay. 

 

A study that came out just a year ago looked at the labor market in Seattle and found that workers' paychecks were more than $100 smaller on average because of lost hours as the minimum wage increased. Maine does not have the economy of Seattle, so expect the effects to be worse, especially in our rural areas.  

 

Maine employers have testified to LCRED that they'll cut hours and raise prices if the minimum wage increases.  The Legislature ignores this testimony at the peril of our economy.

 

Maine's overly complicated labor laws also tie the paychecks of salaried overtime-exempt workers to the minimum wage.  As of January 1 of this year, any worker classified as salary exempt must be making at least $30,000; next January that will climb to $33,000, and January of 2020 it will climb to $36,000.  This will put further pressure on employers because the federal requirement for a salaried overtime-exempt worker is about $24,000, as it was in Maine until 2017.  Although this likely only affects overtime-exempt workers in the lower salary ranges, this is one more governmental requirement that makes Maine a more difficult place to do business and decreases our competitiveness. This tie to the salary range also affects the health care non-profits these bills are intended to help.

 

The Speaker is insistent on sending our economy into a recession from the compounding headaches caused by the minimum wage. She is more concerned about votes than protecting the jobs and paychecks of the people of Maine.

 

For this reason, I return LD 924 and 925 unsigned and vetoed. I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

_________________________________

 

 

            (2-14)  The accompanying item An Act Making Certain Appropriations and Allocations and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government (EMERGENCY)

(H.P. 653)  (L.D. 925)
(C. "A" H-791)

 

_________________________________

 

 


 

            (2-15)  The Following Communication: (H.C. 556)

 

                        and accompanying veto, item (2-16)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

1 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0001

 

July 2, 2018

 

The 128th Legislature of the State of Maine

State House

Augusta, Maine

 

Dear Honorable Members of the 128th 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 1095, "An Act To Establish the Maine Coastal Risks and Hazards Commission."

 

This bill creates an unnecessary commission to study coastal hazards. New Hampshire had a similar group that consumed significant resources over a two-year timeframe to develop a report and recommendations for their 16 miles of coastline. Maine has over 3,400 miles of coastline. Additionally, with no sunset provision in this bill, there is no incentive for the commission to produce meaningful results in a timely manner.

 

Coastal communities concerned with these issues are already addressing topics like storm surge and adaptation strategies. Federal and state agencies such as the Shoreland Zoning program within the Department of Environmental Protection; the coastal program within the Department of Marine Resources; the Maine Geological Services within the Department of Agriculture, Conservation and Forestry; the Maine Prepares program within the Maine Emergency Management Agency; National Oceanic and Atmospheric Administration; and the National Nonstructural Committee within the Army Corps are all working with Maine communities to develop adaptation and mitigation strategies.

 

It does not make sense to create a legislative mandate for work already being done, particularly if part of that work will result in additional statewide legislation for municipalities to have to comply with that may be contrary to the individual, specific needs of a particular municipality. 

 

Since much of this work is already being addressed, I am returning LD 1095 to you unsigned and vetoed. I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

_________________________________

 

 

            (2-16)  The accompanying item An Act To Establish the Maine Coastal Risks and Hazards Commission

(H.P. 769)  (L.D. 1095)
(C. "A" H-625)

 

_________________________________

 

 


 

            (2-17)  The Following Communication: (H.C. 557)

 

                        and accompanying veto, item (2-18)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

1 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0001

 

July 2, 2018

 

The 128th Legislature of the State of Maine

State House

Augusta, Maine

 

Dear Honorable Members of the 128th 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 1133, "An Act Regarding Access to Appropriate Residential Services for Individuals Being Discharged from Psychiatric Hospitalization."

 

This bill authorizes a residential service provider to apply to the Department of Health and Human Services for temporary services in order to meet the needs of patients that are ready for discharge from psychiatric hospitalization, but need reasonable accommodations or a higher level of care. The bill also states that if those services are reimbursable by the MaineCare program, the provider must seek MaineCare reimbursement first and directs the Department to provide technical assistance. 

 

This bill is completely unnecessary for three reasons. First, existing MaineCare policy provides for a rate increase for instances in which reasonable accommodation or a higher level of care is necessary. It is unclear whether the intent of the bill is to supplement the existing increase.

 

Second, it is also existing policy that if a service is eligible for reimbursement under MaineCare, then MaineCare shall be billed instead of paying for that service with General Funds.  This already accomplishes the MaineCare reimbursement component of the bill.

 

Third, the Department already provides technical assistance to providers regarding MaineCare billing and other issues with which the provider may need support.

 

Another state law simply reiterating current policy and practice is duplicative and superfluous. For these reasons, I return LD 1133 unsigned and vetoed. I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

_________________________________

 

 

            (2-18)  The accompanying item An Act Regarding Access to Appropriate Residential Services for Individuals Being Discharged from Psychiatric Hospitalization

(H.P. 796)  (L.D. 1133)
(C. "A" H-760)

 

_________________________________

 

 


 

            (2-19)  The Following Communication: (H.C. 558)

 

                        and accompanying veto, item (2-20)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

1 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0001

 

July 2, 2018

 

The 128th Legislature of the State of Maine

State House

Augusta, Maine

 

Dear Honorable Members of the 128th 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 1190, "An Act Regarding Driver's License Suspensions for Nondriving-related Violations."

 

Actions have consequences.  Failing to pay a fine for a non-moving violation is just as serious as failing to pay fines for speeding.  The suspension of a driver's license is a long-standing and well-known consequence for this behavior and serves as a strong motivator to pay fines when they are due.  LD 1190 would substantially undercut that motivation, leaving violators with no sense of urgency to pay these fines when due.

 

For this reason, I return LD 1190 unsigned and vetoed. I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

_________________________________

 

 

            (2-20)  The accompanying item An Act Regarding Driver's License Suspensions for Nondriving-related Violations

(H.P. 827)  (L.D. 1190)
(H. "A" H-550 to C. "A" H-532)

 

_________________________________

 

 


 

            (2-21)  The Following Communication: (H.C. 559)

 

                        and accompanying veto, item (2-22)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

1 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0001

 

July 2, 2018

 

The 128th Legislature of the State of Maine

State House

Augusta, Maine

 

Dear Honorable Members of the 128th 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 1345, "An Act to Amend the Laws Governing Employer Recovery of Overcompensation Paid to an Employee."

 

Current law allows for an employer to collect, through various means, an overpayment that an employee has knowingly accepted. LD 1345 attempts to make an employer's recovery of overcompensation paid to an employee a longer process with more limitations. The existing statute states, "An employer who has overcompensated an employee through employer error may not withhold more than 10% of the net amount of any subsequent pay without the employee's written permission, except that, if the employee voluntarily terminates employment, the employer may deduct the full amount of overcompensation from any wages due."

 

Furthermore, the ability to reclaim overcompensation does not even apply to all employers under current law: "If an employer with over 25 employees violates this section, that employer forfeits any claim to the overcompensation." 

 

Here is yet another attempt not only to fix what is not broken but also make it more complicated for our small employers to do business in Maine.  Employers with fewer than 25 employees often wear many hats. Our goal should be to ensure the employee is paid what is due and employers compete on a level regulatory playing field instead of increasing penalties and the complexity of regulations on small businesses when they recognize that they made a mistake and attempt to recoup money paid in error.

 

For these reasons, I return LD 1345 unsigned and vetoed. I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

_________________________________

 

 

            (2-22)  The accompanying item An Act To Amend the Laws Governing Employer Recovery of Overcompensation Paid to an Employee

(H.P. 935)  (L.D. 1345)
(C. "A" H-610)

 

_________________________________

 

 


 

            (2-23)  The Following Communication: (H.C. 560)

 

                        and accompanying veto, item (2-24)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

1 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0001

 

July 2, 2018

 

The 128th Legislature of the State of Maine

State House

Augusta, Maine

 

Dear Honorable Members of the 128th 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 1566, "An Act to Enact the Maine Fair Chance Employment Act."

 

This bill prohibits state government from requesting criminal history information on initial employment application forms, unless a federal or state law prohibits individuals with certain criminal histories from holding the position and prohibits a public employer from requesting any criminal history information until the prospective employee is interviewed or after they have been otherwise qualified for the position. At the same time, the Act exempts school administrative units, municipalities, counties, and other political subdivisions of the State from this requirement.

 

LD 1566 requires the Bureau of Human Resources to modify their employment application forms—including online application forms—and requires the State to gather and maintain certain information which is not currently gathered or maintained.  There is little chance the State will be able to comply with this legislation without making the necessary changes and updates to the computerized systems. These changes include modification to electronic data processing programs and capabilities, all at a cost to the Maine taxpayer.

 

In this time of record-low unemployment, an employer should consider hiring outside of the box. This means employers should consider a wider range of candidates and look at restructuring jobs or realigning tasks to accommodate such workers as teens, people with disabilities, and people with a criminal conviction. Employers do not need a law to do this. This is what they should be doing, and many resources exist at the Department of Labor to help them do so.

 

However, while I support hiring outside the box and actively did so in my past management roles, as Governor I cannot conscionably support taking the steps towards making individuals with criminal convictions a protected class and adding another layer of complexity to the hiring process.

 

For these reasons, I return LD 1566 unsigned and vetoed. I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

_________________________________

 

 

            (2-24)  The accompanying item An Act To Enact the Maine Fair Chance Employment Act

(H.P. 1079)  (L.D. 1566)
(H. "A" H-750 to C. "A" H-705)

 

_________________________________

 

 


 

            (2-25)  The Following Communication: (H.C. 561)

 

                        and accompanying veto, item (2-26)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

1 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0001

 

July 2, 2018

 

The 128th Legislature of the State of Maine

State House

Augusta, Maine

 

Dear Honorable Members of the 128th 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 1676, "An Act Expanding the Authority of the Maine Elder Death Analysis Review Team To Investigate Deaths and Serious Injuries of Persons with Intellectual Disabilities or Autism."

 

DHHS welcomes oversight that will improve our system of care and prevent any possible death or serious injury, but this bill does not achieve that goal. Instead, it invests significant resources into the Office of the Attorney General, in a duplicative manner, and is ultimately not an efficient use of our limited resources.

 

The bill creates three positions within the Office of the Attorney General: one Attorney General Detective, one Assistant Attorney General, and one Paralegal. In addition, the bill would add the director of the Office of Aging and Disability Services to the membership of MEDART.

 

At present, MEDART examines deaths and serious injuries associated with suspected abuse or neglect of elderly adults and vulnerable adults. This bill would charge the Office of the Attorney General with preliminary examination of all deaths and serious injuries of persons with intellectual disabilities or autism receiving adult developmental services, and select cases would be referred to the full membership of MEDART for further review.

 

At present, Maine regulation requires that providers immediately report the deaths of adults with intellectual disabilities or autism to DHHS. When this occurs, the report is referred to Adult Protective Services for review and investigation as necessary. DHHS OADS staff meet with providers on a quarterly basis to review Reportable Events, including deaths. The Mortality Review Committee at the Office of Aging and Disability Services analyzes aggregate data related to the deaths of Individuals Receiving Services to identify patterns and trends and make recommendations to improve care based on trend analysis.

 

As described above, current policies and statutes require that deaths be reviewed by both DHHS and MEDART, which is already under the auspices of the Office of the Attorney General. Expanding the Office of the Attorney General to investigate deaths that are already investigated by DHHS and often law enforcement is unnecessary and duplicative. 

 

For this reason, I return LD 1676 unsigned and vetoed.  I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

_________________________________

 

 

            (2-26)  The accompanying item An Act Expanding the Authority of the Maine Elder Death Analysis Review Team To Investigate Deaths and Serious Injuries of Persons with Intellectual Disabilities or Autism

(H.P. 1164)  (L.D. 1676)
(C. "B" H-770)

 

_________________________________

 

 


 

            (2-27)  The Following Communication: (H.C. 562)

 

                        and accompanying veto, item (2-28)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

1 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0001

 

July 2, 2018

 

The 128th Legislature of the State of Maine

State House

Augusta, Maine

 

Dear Honorable Members of the 128th 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 1696, "An Act to Provide Funding for the Maine Bicentennial Commission."

 

Maine's bicentennial is an important milestone, and one that should be celebrated.  It deserves to be properly funded.  Unfortunately, when we do not prioritize—and instead try to please everyone—we are left with bills that are an embarrassment. 

 

The Legislature cannot please everyone. This legislation should have demonstrated a commitment to honoring Maine's 200 years of statehood with a proper investment that serves as a jumping-off point for those seeking to raise private funds in support of this milestone. Instead, the Legislature's desire to be all things to all people rendered its commitment to this historic moment meaningless.

 

For this reason, I return LD 1696 unsigned and vetoed. I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

_________________________________

 

 

            (2-28)  The accompanying item An Act To Provide Funding for the Maine Bicentennial Commission

(H.P. 1176)  (L.D. 1696)
(C. "A" H-586)

 

_________________________________

 

 


 

            (2-29)  The Following Communication: (H.C. 563)

 

                        and accompanying veto, item (2-30)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

1 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0001

 

July 2, 2018

 

The 128th Legislature of the State of Maine

State House

Augusta, Maine

 

Dear Honorable Members of the 128th 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 1704, "An Act To Fund the Downeast Correctional Facility."

 

The Downeast Correctional Facility is an antiquated and unnecessary facility. The Department of Corrections is able to house and rehabilitate minimum-security prisoners at comparable facilities that cost less to operate. My administration is the third in a row that sought to end this wasteful use of taxpayer dollars—and the first to succeed.

 

Although a court order obtained by unions for the prison's employees forced the Department of Corrections to operate the prison with a skeleton crew for several months, all staff was excused from the facility earlier this month after Fiscal Year 2018 funding ran out. The prisoners housed there have been transferred or released according to their sentencing requirements. To reopen the facility now and impose this unnecessary cost—for no logical reason—is a serious dereliction of fiscal responsibility.

 

The time has come to accomplish a bipartisan goal shared by the last three Governors: to close this inefficient facility and turn the page. The taxpayers of Maine deserve no less.

 

For these reasons, I return LD 1704 unsigned and vetoed.  I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

_________________________________

 

 

            (2-30)  The accompanying item An Act To Fund the Downeast Correctional Facility

(H.P. 1184)  (L.D. 1704)
(C. "A" H-593; S. "A" S-393)

 

_________________________________

 

 


 

            (2-31)  The Following Communication: (H.C. 564)

 

                        and accompanying veto, item (2-32)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

1 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0001

 

July 2, 2018

 

The 128th Legislature of the State of Maine

State House

Augusta, Maine

 

Dear Honorable Members of the 128th 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 1707, "An Act To Reduce the Cost of Care Resulting from Blood-borne Infectious Diseases."

 

I do not believe it is the government's responsibility to ensure that we provide the safest possible path for a person to participate in dangerous, destructive, and deadly behavior. It is not appropriate for us to force every Maine taxpayer to participate in the purchase of clean needles for people suffering from an addiction, and I am frustrated at the mixed message this bill sends to our children. Are we really willing to tell our kids that they should not do drugs, but if they do, the State will help make sure there is a safe delivery system for the deadly drug? Maine kids need to understand that there is no "safe drug use" anywhere, anytime. They need to understand that drug addiction destroys lives.

 

We, as the State's leaders and policy makers, cannot send a message of passive consent for these dangerous and destructive activities.

 

I understand the desire to help people get into treatment. That desire could have been supported if the Legislature had the will to implement a responsible funding mechanism for Medicaid expansion. Addiction is one of the greatest destructive forces facing our families today. Maine's families are Maine's future – they need to succeed and they need to prosper. That is why I have been working with the Department of Health and Human Services to make it a priority to invest in evidence-based treatment options that will produce the best outcomes for individuals dealing with addiction.

 

Let us continue to engage our families and communities and prioritize quality treatment rather than participating in the purchase of drug paraphernalia and sending the wrong message to our kids.

 

For this reason, I return LD 1707 unsigned and vetoed. I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

_________________________________

 

 

            (2-32)  The accompanying item An Act To Reduce the Cost of Care Resulting from Blood-borne Infectious Diseases

(H.P. 1187)  (L.D. 1707)
(C. "A" H-604; H. "A" H-648)

 

_________________________________

 

 


 

            (2-33)  The Following Communication: (H.C. 565)

 

                        and accompanying veto, item (2-34)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

1 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0001

 

July 2, 2018

 

The 128th Legislature of the State of Maine

State House

Augusta, Maine

 

Dear Honorable Members of the 128th 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 1709, "An Act To Allow the Maine Developmental Services Oversight and Advisory Board Access to Investigations of Suspicious Deaths and Mortality Reviews Performed by the Department of Health and Human Services."

 

The Maine Developmental Services Oversight and Advisory Board (MDSOAB) was created to review systemic concerns and provide recommendations regarding policies to the Department of Health and Human Services. LD 1709 does not advance this purpose.

 

LD 1709 would grant the Board members direct access to the personal planning and other records of a person receiving adult developmental services. Currently, MDSOAB membership includes executives of Developmental Services providers. It is a conflict of interest for these individuals to view personal information of Developmental Services members that may relate to individuals served by the MDSOAB representatives' agencies or competitor agencies.

 

Furthermore, it is inappropriate for provider representatives to review individuals' personal health information and Adult Protective Services records that are highly sensitive and confidential without the member's or the member's guardian's permission. This is especially problematic because the MDSOAB has demonstrated that it lacks the ability to maintain confidentiality of information. The MDSOAB currently does not follow the requirements for appointment of members by the Governor and has publicly held out individuals as members who have not been appropriately vetted and approved. Such individuals have no legal authority to view this confidential material.

 

Given the MDSOAB's inability to comply with its current mandates, expanding the MDSOAB's access to highly sensitive, personal records is inappropriate.

 

For this reason, I return LD 1709 unsigned and vetoed. I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

_________________________________

 

 

            (2-34)  The accompanying item An Act To Allow the Maine Developmental Services Oversight and Advisory Board Access to Investigations of Suspicious Deaths and Mortality Reviews Performed by the Department of Health and Human Services

(H.P. 1189)  (L.D. 1709)
(C. "A" H-702)

 

_________________________________

 

 


 

            (2-35)  The Following Communication: (H.C. 566)

 

                        and accompanying veto, item (2-36)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

1 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0001

 

July 2, 2018

 

The 128th Legislature of the State of Maine

State House

Augusta, Maine

 

Dear Honorable Members of the 128th 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 1788, "An Act To Enhance Safety for Victims of Sexual Assault and Stalking and To Amend the Laws Governing Harassment and Protection from Abuse."

 

This bill purports to enhance safety by expanding the conduct allowing issuance of a protection from abuse order (a "PFA").  Unfortunately, history shows that PFAs do not protect people from abuse. Forty years ago, Maine was one of the first states to enact a protection from abuse law. Today, Maine's rate of domestic violence homicide remains high and violations of PFAs are rampant.

 

The following are just a few of the worst examples from the past few years.  In 2017, a man was stabbed to death in front of his children, aged 7 and 11.  The woman charged with his murder, his ex-wife, was subject to a PFA. In 2016, a man who was subject to a PFA went to his ex-partner's home with a gun. Not finding his target home, he shot two others before being shot and killed by police. In 2013, a woman and her infant child were kidnapped, shot multiple times and nearly died. The perpetrator was subject to a PFA. In 2011, a woman and her two children, aged 13 and 12, were shot to death. The murderer was subject to a PFA.

 

PFAs only deter people with some modicum of rationality. They fail to protect against, and in some cases may provoke, precisely those emotionally unstable people who are prone to violence. Rather than providing a false sense of security with a piece of paper, harassment and abuse should be criminally prosecuted to the fullest extent of the law. If a perpetrator is truly dangerous, pre-trial detention offers more security to a victim than does a protection order.

 

Additionally, the imposition of a PFA may have severe ramifications for the person subject to the order, including potential job loss and curtailment of other rights. The Criminal Law Advisory Committee warned in its testimony about the bill's potential to result in the imposition of unwarranted orders. This consideration should be weighed when expanding the conduct giving rise to a PFA.

 

For these reasons, I return LD 1788 unsigned and vetoed.  I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

_________________________________

 

 

            (2-36)  The accompanying item An Act To Enhance Safety for Victims of Sexual Assault and Stalking and To Amend the Laws Governing Harassment and Protection from Abuse

(H.P. 1235)  (L.D. 1788)
(H. "A" H-783 to C. "A" H-689)

 

_________________________________

 

 


 

            (2-37)  The Following Communication: (H.C. 567)

 

                        and accompanying veto, item (2-38)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

1 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0001

 

July 2, 2018

 

The 128th Legislature of the State of Maine

State House

Augusta, Maine

 

Dear Honorable Members of the 128th 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 1857, "An Act To Address Maine's Nursing Shortage by Creating an Apprenticeship Pathway for Licensure of Health Care-trained Veterans and Expanding Access to Nursing Education."

 

Military veterans who have separated from any branch of military service and who have received military training and experience as medics or corpsmen or any equivalent, should be deemed eligible to take the Maine Licensed Practice Nurse exam without being required to obtain further education or experience. If they pass the Maine LPN exam, they should be issued a state LPN license that authorizes them to immediately perform the duties and tasks of that license category. 

 

Maine has many highly qualified military veterans who are anxious to fill vacant health care positions in our hospitals, medical facilities, and nursing homes. This bill as drafted poses yet one more unnecessary hurdle for these worthy citizens to clear. Military veterans with medical training are held to high practice standards, they have excellent credentials, and they need to work.  We need these qualified military veterans to enter the Maine healthcare workforce now.

 

For this reason, I return LD 1857 unsigned and vetoed. I strongly urge the Legislature to sustain this veto.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

_________________________________

 

 

            (2-38)  The accompanying item An Act To Address Maine's Nursing Shortage by Creating an Apprenticeship Pathway for Licensure of Health Care-trained Veterans and Expanding Access to Nursing Education

(H.P. 1294)  (L.D. 1857)
(C. "A" H-718)

 

_________________________________

 

 


 

            (2-39)  The Following Communication: (H.C. 568)

 

                        and accompanying veto, item (2-40)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

1 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0001

 

July 3, 2018

 

The 128th Legislature of the State of Maine

State House

Augusta, Maine

 

Dear Honorable Members of the 128th 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 8, "An Act To Provide Training for Forest Rangers To Carry Firearms," because it is unnecessary and costly.

 

The Maine Forest Service has mitigated risks associated with Forest Ranger duties to an acceptable level through extensive training, carefully selecting Ranger candidates and monitoring behaviors. Managing the risks associated with the Rangers' law enforcement activities have been approached in the same way. Rangers are trained and mandated to avoid and defuse obvious conflict situations.

 

This bill contradicts the Administration's efforts to tone down the law enforcement aspects of the Forest Ranger's duties and focus them on protecting Maine's forests from fire. Forest Ranger incident reports clearly indicate that the Rangers are not routinely in harm's way during the performance of their normal duties. The Maine Forest Service has strengthened its policies to minimize the risk that Rangers will encounter dangerous situations.

 

LD 8's appropriation grossly understates the costs to the taxpayers of this state. In addition to the costs of training and acquiring firearms, Maine taxpayers will bear the costs of reclassifying Forest Rangers to include their new responsibilities, all to the tune of $500,000 per year. This will add significantly to the cost of this bill, year after year. The Legislature should be honest and show the full cost of passing this bill to Maine taxpayers.

 

I would rather focus Forest Service time, energy and resources to ensure they hire and retain individuals who have high aptitude, possess good, sound judgment and decision-making skills, can maintain their composure under stress and treat all people with courtesy and respect.

 

Make no mistake; this bill is a game changer. It will forever alter the culture in the Maine woods. This bill will increase the risks to our Rangers because force likely will be met with force. Firearms will escalate the tensions between Rangers and individuals they encounter while doing their duty. The cautious use of discussion to resolve an issue will be replaced by the force of a gun or other weapon. I cannot support this.

 

For these reasons, I return LD 8 unsigned and vetoed. I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

_________________________________

 

 

            (2-40)  The accompanying item An Act To Provide Training for Forest Rangers To Carry Firearms

(H.P. 9)  (L.D. 8)
(S. "A" S-519 to C. "A" H-451)

 

_________________________________

 

 


 

            (2-41)  The Following Communication: (H.C. 569)

 

                        and accompanying veto, item (2-42)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

1 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0001

 

July 3, 2018

 

The 128th Legislature of the State of Maine

State House

Augusta, Maine

 

Dear Honorable Members of the 128th 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 192, "An Act to Require Insurance Coverage for Hearing Aids."

 

This bill mandates that beginning in January 2019, all health insurance contracts, including group insurance policies and health maintenance organization policies, must provide coverage for the cost of hearing aids for individuals regardless of age, not just for those individuals 18-years old or younger as provided in existing law.

 

I veto this bill for two reasons. First, expanding mandated insurance benefits by the state must stop. The health insurance market, not the state, should determine the additional benefits that health insurance carriers decide to include in their policies.

 

Second, the Maine Bureau of Insurance was not directed to update a study that it completed in 2014 on the same subject. An updated report would have served to forecast the future costs of this expanded mandated benefit. The bill will only serve to raise health insurance premiums for all groups and individuals as health insurers spread the cost of this expanded mandated benefit.

 

For these reasons, I return LD 192 unsigned and vetoed. I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

_________________________________

 

 

            (2-42)  The accompanying item An Act To Require Insurance Coverage for Hearing Aids

(H.P. 148)  (L.D. 192)
(S. "A" S-506 to C. "A" H-177)

 

_________________________________

 

 


 

            (2-43)  The Following Communication: (H.C. 570)

 

                        and accompanying veto, item (2-44)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

1 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0001

 

July 3, 2018

 

The 128th Legislature of the State of Maine

State House

Augusta, Maine

 

Dear Honorable Members of the 128th 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 274, "An Act To Implement the Recommendations of the Working Group To Study Background Checks for Child Care Facilities and Providers."

 

The safety of our children is paramount, and licensing for child care facilities is a key component to ensuring that safety. Our licensing regulations now have significant background check expectations. They ensure a high level of accountability and transparency on each and every child care provider in this state—both family child care providers and center-based providers.

 

Licensing regulations, especially for businesses that care for our most vulnerable populations, can be a difficult balance between safety and over-regulation. The purpose of our regulatory structure is for the safety of the people served, whether kids, elders or adults with disabilities. In fulfilling that purpose, it is easy for government to over-regulate and become an impediment to business. This bill does just that. I believe we have excellent child care providers in Maine; they are safe, accountable, and transparent. Adding a requirement that each and every employee of a child care agency undergo not just a background check, but also the exercise of being fingerprinted, is a bridge too far. We have gone from basic safety precautions to bureaucratic, over-regulation.

 

"Innocent until proven guilty" has been flipped on its head—under this bill, all child care providers and potential employees of their agencies will be considered guilty until proven innocent. I did not support teachers being fingerprinted, and I do not support further expansion of fingerprinting in this instance. I cannot support overburdening businesses, and I cannot support invading people's privacy by forcing them to give up biometric identification without cause.

 

For this reason, I return LD 274 unsigned and vetoed. I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

_________________________________

 

 

            (2-44)  The accompanying item An Act To Implement the Recommendations of the Working Group To Study Background Checks for Child Care Facilities and Providers

(H.P. 207)  (L.D. 274)
(S. "A" S-526 to C. "D" H-686)

 

_________________________________

 

 


 

            (2-45)  The Following Communication: (H.C. 571)

 

                        and accompanying veto, item (2-46)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

1 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0001

 

July 3, 2018

 

The 128th Legislature of the State of Maine

State House

Augusta, Maine

 

Dear Honorable Members of the 128th 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 401, "An Act To Require Reimbursement to Hospitals for Patients Awaiting Placement in Nursing Facilities."

 

This bill requires the Department of Health and Human Services to reimburse hospitals in a manner that is not consistent with their real-time reimbursement system that exists today. Acute-care hospitals are reimbursed under a Diagnosis Related Group (DRG) methodology, which pays hospitals in real-time for services rendered versus the old methodology of prospective payments and final cost settlements.

 

Under DRG methodology, days awaiting placement has been accounted for in the calculation of the reimbursement under each service grouping. Additionally, an outlier payment adjustment is made to the rate when an unusually high level of resources has been expended for a case, such as when a member is waiting for placement in a nursing facility for an extended period of time.

 

The responsibility for appropriate and safe discharge of an individual is the responsibility of the hospital. Discharge planners are required to assess the appropriate level of care required, to actively pursue the establishment of services and to secure appropriate placements.

 

For this reason, I return LD 401 unsigned and vetoed. I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

_________________________________

 

 

            (2-46)  The accompanying item An Act To Require Reimbursement to Hospitals for Patients Awaiting Placement in Nursing Facilities

(H.P. 292)  (L.D. 401)
(S. "A" S-508 to C. "A" H-109)

 

_________________________________

 

 


 

            (2-47)  The Following Communication: (H.C. 572)

 

                        and accompanying veto, item (2-48)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

1 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0001

 

July 3, 2018

 

The 128th Legislature of the State of Maine

State House

Augusta, Maine

 

Dear Honorable Members of the 128th 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 687, "Resolve, Regarding Reimbursement for Speech and Language Pathology Services."

 

I am not necessarily opposed to appropriate rate increases for Medicaid providers, but it cannot be in isolation. Our economy is on the brink of a crisis as the minimum wage continues to increase unchecked and Maine businesses experience increasing financial pressure. We cannot continue to spend taxpayer dollars without taking decisive action to slow the rate of increase in the minimum wage and allow our economy the time it needs to adjust to the changing cost of wages. Fix the minimum wage, then we can have a conversation about rate increases to Medicaid providers.

 

For this reason, I return LD 687 unsigned and vetoed.  I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

_________________________________

 

 

            (2-48)  The accompanying item Resolve, Regarding Reimbursement for Speech and Language Pathology Services

(H.P. 478)  (L.D. 687)
(S. "A" S-520 to C. "A" H-382)

 

_________________________________

 

 


 

            (2-49)  The Following Communication: (H.C. 573)

 

                        and accompanying veto, item (2-50)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

1 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0001

 

July 3, 2018

 

The 128th Legislature of the State of Maine

State House

Augusta, Maine

 

Dear Honorable Members of the 128th 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 700, "An Act to Give Flexibility to Employees and Employers for Temporary Layoffs."

 

LD 700 creates an exemption from the eligibility requirements for Unemployment Insurance benefits for a period of six weeks. It would exempt a person from the core social contract and federal law underpinning unemployment: that a person collecting benefits actively look for work.

 

Unemployment Insurance is an insurance program for workers, not an entitlement, with employers paying into the Trust Fund, not employees. The intent of Unemployment Insurance is to protect workers, not employers, yet this bill seeks to protect employers, not workers.

 

When employees separate from their employment due to no fault of their own, they are eligible to apply for Unemployment Insurance benefits. Unemployment eligibility is complex, but there are three minimum requirements that must be met each week in order to collect unemployment insurance benefits: an individual must be able to work, available for work if a job is offered—including a temporary job, and be actively seeking work.

 

The goal of unemployment insurance is not simply to provide a temporary wage supplement—its second and equal goal is to keep workers actively connected to the labor market so that they are more easily and quickly re-employed. Therefore, workers under Maine and federal law are required to submit proof that they have actively searched for at least one comparable job per week for each week they apply for unemployment benefits. This is not a burdensome requirement.

 

Furthermore, these benefits are not a one-to-one wage replacement. Maine statute includes a formula by which benefits are calculated based upon a percentage of a person's earned wages. The average weekly benefit in May 2018 was $331 per week. This is a wage supplement.

 

To encourage workers collecting unemployment to take temporary, part-time jobs in our tight labor market, last year my administration increased the amount of benefits workers can retain on top of what they have earned from the part-time job from $25 to $100 per week. This now allows a worker to bring home more money per week than either a part-time job or unemployment benefits alone. This is the type of policy the Legislature should be proposing, one that benefits both the worker and the employer.

 

Workers who look for work and take temporary bridge jobs while collecting unemployment are better off financially and provide tremendous help to our employers in this era of record-low unemployment. Waiving the work-search requirement does not further either of these positive outcomes.

 

Some employers have complained to the Legislature that they are "losing" workers when their business must temporarily lay off workers. These employers see the exemption from work search as a way to protect their workforce. This is not helpful to workers for two major reasons.

 

First, there is no guarantee that the "temporary" layoff will not turn permanent. Employers frequently lay off workers while the business waits for a new contract. If the contract fails to come through, those workers are permanently let go or let go for a longer period. It is a disservice to allow workers to collect benefits for several weeks and not be looking for work and then suddenly tell them that they have been permanently laid off. Those workers could already have a new job or at least be supplementing their unemployment with a temporary or part-time job to keep their household on more stable financial footing.

 

Furthermore, the search for work is actually a net benefit to employees. When employers have to compete to retain and attract workers, wages rise and workers have more choices for better benefits, better hours, better commutes and better work-home balance. When individuals look for work while collecting unemployment, they are exposed to new opportunities that will benefit their career and their family's finances and quality of life.

 

Shielding workers from the work search obligation is akin to allowing wage collusion among employers to keep wages low. I am not in favor of government-mandated wage increases in Maine's current minimum wage statute, but I am all-in for Mainers earning higher wages and better benefits by finding a new job or getting a raise from their current employer because of open and fair competition.

 

By passing LD 700, the Legislature is telling Mainers to settle for what they have now instead of doing one work search a week for a job—one that could change their entire future—in exchange for unemployment insurance benefits. No Mainer should be satisfied with settling, and government should not discourage them from seeking greater prosperity.

 

For these reasons, I return LD 700 unsigned and vetoed. I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

_________________________________

 

 

            (2-50)  The accompanying item An Act To Give Flexibility to Employees and Employers for Temporary Layoffs (EMERGENCY)

(H.P. 491)  (L.D. 700)
(S. "A" S-456 and S. "B" S-521 to C. "A" H-749)

 

_________________________________

 

 


 

            (2-51)  The Following Communication: (H.C. 574)

 

                        and accompanying veto, item (2-52)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

1 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0001

 

July 3, 2018

 

The 128th Legislature of the State of Maine

State House

Augusta, Maine

 

Dear Honorable Members of the 128th 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 1554, "Resolve, Authorizing Claire Dean Perry and the Estate of William Dean To Bring Suit against the Surety Obtained by the Department of Health and Human Services in Its Capacity as Public Conservator."

 

As you, the Legislature, consider this question, it is important to understand that the Department of Health and Human Services' public guardianship program exists to serve as the guardian of last resort for people with mental disabilities and/or elderly persons when there is no one else willing or able to serve as guardian. As public guardian, the Department must use its reasonable judgment to make various, often time-sensitive, personal and financial decisions. This is precisely the type of decision-making that has long been protected by sovereign immunity and the Tort Claims Act.

 

This bill is a blatant attempt to change existing rules in the middle of the game and perform an end-run around the judicial process. The subject matter of this bill has been extensively litigated and this litigation ultimately resulted in the Law Court ruling in favor of the Department on the basis of sovereign immunity. Having lost their case in Court, the plaintiffs have now gone to the Legislature looking to have the rules changed in their favor.

 

They are essentially asking permission to bring another suit against the Department but not allowing the Department to assert the defense upon which it prevailed in the first lawsuit. Allowing the plaintiffs to do this would place the Department at serious disadvantage in assessing and managing the risks associated with the operation of the public guardianship program as well as generally undermining confidence in the fairness and impartiality of the judicial process.

 

This bill also significantly and materially alters the Department's surety contract with its insurer and therefore violates Maine's Constitution, specifically Article I, Section 11, which prohibits the Legislature from passing any law "impairing the obligation of contracts." Notwithstanding this constitutional problem, the bill is bad policy and would impair the ability of the State to procure insurance in the future. No reasonable insurer would agree to issue insurance to the State if the Legislature decides to change the terms of the insurance contract on a case-by-case basis.

 

For these reasons, I return LD 1554 unsigned and vetoed. I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

_________________________________

 

 

            (2-52)  The accompanying item Resolve, Authorizing Claire Dean Perry and the Estate of William Dean To Bring Suit against the Surety Obtained by the Department of Health and Human Services in Its Capacity as Public Conservator

(H.P. 1070)  (L.D. 1554)
(S. "A" S-513 to C. "A" H-365)

 

_________________________________

 

 


 

            (2-53)  The Following Communication: (H.C. 575)

 

                        and accompanying veto, item (2-54)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

1 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0001

 

July 3, 2018

 

The 128th Legislature of the State of Maine

State House

Augusta, Maine

 

Dear Honorable Members of the 128th 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 1711, "Resolve, To Save Lives by Establishing a Homeless Opioid Users Service Engagement Pilot Project within the Department of Health and Human Services."

 

This bill spends over a million dollars on an opioid-use disorder pilot program for 25 individuals—approximately $40,000 per person. This pilot would be set up apart from existing opioid-use disorder programs and would be in addition to the existing resources the State has already dedicated to this effort. Maine is working hard to combat the opioid epidemic that has affected so many families in our State. We have already implemented the opioid health home program, with a $3 million investment. Furthermore, the Legislature just passed an additional $6.6 million in funding for that program. The State is committed to helping those with opioid-use disorder and to using effective methods to combat the opioid epidemic.

 

This bill was clearly intended to be administered by one specific provider. I cannot support spending an enormous sum of money through a provider that was handpicked by the Legislature on unproven methods for just 25 people. We need to focus our resources on quality treatment and fight this epidemic using proven methods of success with the capacity to reach large numbers of those in need of assistance all across our State.

 

For this reason, I return LD 1711 unsigned and vetoed. I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

_________________________________

 

 

            (2-54)  The accompanying item Resolve, To Save Lives by Establishing a Homeless Opioid Users Service Engagement Pilot Project within the Department of Health and Human Services

(H.P. 1191)  (L.D. 1711)
(S. "A" S-523 to C. "A" H-737)

 

_________________________________

 

 


 

            (2-55)  The Following Communication: (H.C. 576)

 

                        and accompanying veto, item (2-56)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

1 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0001

 

July 3, 2018

 

The 128th Legislature of the State of Maine

State House

Augusta, Maine

 

Dear Honorable Members of the 128th 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 1762, "An Act To Ensure Sustainable Health Care Access in the Jackman Region."

 

I appreciate the challenge of maintaining health care resources in rural communities in Maine. When Maine General closed the nursing facility and ceased their ambulance services to Jackman, the community came together and developed solutions to ensure adequate access to emergency health care for their residents. They did an exemplary job solving their own problems and initially doing so without government intervention.

 

Unfortunately, government intervention ultimately has become the path the community believes is the best way forward. I disagree. This bill sets a terrible precedent by providing one-time resources to solve the challenges of a community. The private sector is better equipped and more appropriate to address this need. Once again, more government is not the answer.

 

For this reason, I return LD 1762 unsigned and vetoed. I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

_________________________________

 

 

            (2-56)  The accompanying item An Act To Ensure Sustainable Health Care Access in the Jackman Region (EMERGENCY)

(H.P. 1216)  (L.D. 1762)
(S. "A" S-516 to C. "A" H-676)

 

_________________________________

 

 


 

            (2-57)  The Following Communication: (H.C. 577)

 

STATE OF MAINE

128TH MAINE LEGISLATURE

 

July 5, 2018

 

The 128th Legislature of the State of Maine

State House

Augusta, Maine 04333

 

Dear Senate and House Members of the 128th Legislature:

 

Pursuant to the Joint Order (S.P. 751) passed on June 26, 2018, the Senate and House of Representatives will convene on Monday, July 9, 2018, at 10:00 a.m.

 

S/Sara Gideon

Speaker of the House

 

S/Michael D. Thibodeau

President of the Senate

 

 

_________________________________

 

 

 


 

            (2-58)  The Following Communication: (H.C. 548)

 

MAINE STATE LEGISLATURE

OFFICE OF PROGRAM EVALUATION AND

GOVERNMENT ACCOUNTABILITY

 

TO:           Honorable Sara Gideon, Speaker of the House

                  Honorable Michael D. Thibodeau, President of the Senate

                  and Democratic and Republican Leaders

 

FROM:     S/Beth L. Ashcroft, Director

 

DATE:      June 28, 2018

 

RE:            Temporary Assistance for Needy Families Program

 

Enclosed please find the final report from the Office of Program Evaluation and Government Accountability on Temporary Assistance for Needy Families Program.  The report is also available on our website at http://legislature.maine.gov/opega/opega-reports/9149.  As noted in my memo dated June 18th the public comment period on this Report has been scheduled for Thursday, July 26, 2018 at 9:00 a.m. in Room 220 Cross Building.

 

If you have questions, please feel free to contact me.

 

 

 

_________________________________

 

ORDERS

 

            (4-1)  On motion of Representative BEAR of the Houlton Band of Maliseet Indians, the following House Order:  (H.O. 72)

 

WHEREAS, it appears to the House of Representatives of the 128th Legislature that the following is an important question of law and that this is a solemn occasion; and

 

WHEREAS, the Constitution of Maine, Article VI, Section 3 provides for the Justices of the Supreme Judicial Court to render their opinion on such a question; and

 

WHEREAS, the House of Representatives has repeatedly considered proposals to authorize tribal gaming such as House Paper 838, Legislative Document 1201, "An Act To Authorize Tribal Gaming" and House Paper 999, Legislative Document 1447, "An Act To Recognize and Provide for the Right of the Houlton Band of Maliseet Indians To Operate a Casino on Houlton Band Trust Land Exempt from Certain Gaming Laws"; and

 

WHEREAS, the State authorizes and regulates casinos, including the operation of table games and slot machines, pursuant to the Maine Revised Statutes, Title 8, chapter 31; authorizes and regulates betting on harness racing pursuant to Title 8, chapter 11; and authorizes and regulates a state lottery pursuant to Title 8, chapter 14-A; and

 

WHEREAS, the revenue provided to the Houlton Band of Maliseet Indians by tribal gaming will ensure tribal self-sufficiency and self-determination and will be used by the tribal government for critical social and health programs vital to the well-being of tribal members including reducing chronically high rates of unemployment, depression and mortality and providing services such as health care, elder care, housing and education; and

 

WHEREAS, the Supreme Court of the United States decided in California v. Cabazon Band of Mission Indians, 480 U.S. 202 (1987) that state and local governments do not have the authority to regulate gambling on Indian land; and

 

WHEREAS, it is important that the Legislature be informed as to the question raised in this order; now, therefore, be it

 

ORDERED, that, in accordance with the provisions of the Constitution of Maine, the House of Representatives respectfully requests the Justices of the Supreme Judicial Court to give the House of Representatives their opinion on the following question of law:

 

Question. Does the decision of the Supreme Court of the United States in California v. Cabazon Band of Mission Indians, 480 U.S. 202 (1987) allow the Houlton Band of Maliseet Indians, a federally recognized Indian tribe, to conduct gambling on tribal trust land without permission to do so from the State?

 

 

 

_________________________________

 

 

 

 

SPECIAL SENTIMENT CALENDAR

 

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

 

Recognizing:

 

            (5-1)  Camp POSTCARD, in Poland, a long-term partnership of the Maine Sheriffs' Association, the Maine D.A.R.E. Officers Association and Volunteers of America, which is celebrating its 25th Anniversary of providing for Maine children a free, week-long program of exploration, healthy activities, outdoor recreation and education and improving their perceptions of law enforcement.  We extend to everyone involved with Camp POSTCARD our congratulations on this anniversary;

 

(SLS 1113)

 

 

            (5-2)  the 25th annual North Atlantic Blues Festival, as it celebrates the popular American music form on July 14 and 15, 2018, at Harbor Park in Rockland.  We send our appreciation to the City of Rockland and the festival's producers for their efforts in bringing high-quality blues music and performers to Rockland and to the State.  We join with blues fans from Maine and across the nation in sending our best wishes for the festival's continued success;

 

(SLS 1114)

 

 

            (5-3)  Vaughn Keaton, of Caribou, Scoutmaster of Boy Scout Troop 184 for 35 years, who has received the National Eagle Scout Association Outstanding Eagle Scout Award.  We extend to Mr. Keaton our congratulations and best wishes;

 

(SLS 1115)

 

 

            (5-4)  John Habeeb, of Caribou, who has been honored as a Maine Sports Legend for his lifelong work teaching tennis to the youth of Caribou.  We extend to Mr. Habeeb our congratulations on his induction into the Hall of Legends;

 

(SLS 1116)

 

 

            (5-5)  Beth Ashcroft, of Litchfield, who is retiring after many years of service to the Legislature as Director of the Office of Program Evaluation and Government Accountability.  The Office of Program Evaluation and Government Accountability became operational in 2005 and is part of a unique organizational arrangement within the Legislature that ensures both independence and accountability, supporting legislative oversight by conducting independent reviews of State Government from an unbiased perspective through performance audits, evaluations and studies.  As Director from the office's inception, Ms. Ashcroft has overseen projects analyzing numerous aspects of State Government, including public utilities, child care licensing and regulation, tax expenditures, passenger rail service and psychiatric services.  We recognize Ms. Ashcroft's dedication to making the Office of Program Evaluation and Government Accountability a credible source of objective information that contributes to good government and benefits Maine's citizens, extend to her our appreciation for her service to the State and offer her our congratulations on her retirement;

 

(HLS 1463)

Presented by Representative MASTRACCIO of Sanford.

Cosponsored by Senator KATZ of Kennebec, Representative ACKLEY of Monmouth, Senator MASON of Androscoggin.

 

 

In Memory of:

 

            (5-6)  Evelyne Myrtle Alley, of Beals.  Mrs. Alley was known for her strength and determination through the best and worst of times, her great love for her family and her impressive cooking ability.  She will be long remembered and sadly missed by her extensive family, her many friends and all those whose lives she touched;

 

(HLS 1462)

Presented by Representative GOLDEN of Lewiston.

Cosponsored by Speaker GIDEON of Freeport, Representative HERBIG of Belfast, Representative ALLEY of Beals, Representative TUELL of East Machias, Representative PERRY of Calais, Senator MAKER of Washington.

 

 

 

 

_________________________________

 

 

 

CONSENT CALENDAR

 

First Day

 

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

 

            (7-1)  (S.P. 682)  (L.D. 1815) Bill "An Act To Authorize a General Fund Bond Issue To Improve Multimodal Facilities, Highways and Bridges"  Committee on APPROPRIATIONS AND FINANCIAL AFFAIRS reporting Ought to Pass as Amended by Committee Amendment "A" (S-531)

 

_________________________________

 

 

ORDERS OF THE DAY

HOUSE CALENDAR
MONDAY, JULY 9, 2018

 

UNFINISHED BUSINESS

 

            The following matters, in the consideration of which the House 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 House Rule 502.

 

 

1.         Bill "An Act To Authorize Certain Health Care Professionals Who Are Not Physicians To Perform Abortions"

(H.P. 1217)  (L.D. 1763)

 

(Committee on JUDICIARY suggested)

TABLED - January 3, 2018 (Till Later Today) by Representative FREDETTE of Newport.

PENDING - REFERENCE.

 

 

 

 

 

2.         HOUSE DIVIDED REPORT - Majority (8) Ought to Pass as Amended by Committee Amendment "A" (H-682) - Minority (4) Ought Not to Pass - Committee on TRANSPORTATION on Bill "An Act To Provide Revenue To Fix and Rebuild Maine's Infrastructure"

(H.P. 812)  (L.D. 1149)

 

TABLED - March 27, 2018 (Till Later Today) by Representative McLEAN of Gorham.

PENDING - ACCEPTANCE OF EITHER REPORT.

 

 

 

 

 

3.         Joint Order, Directing the Joint Standing Committee on Transportation To Report Out Legislation

(H.P. 1340)

 

TABLED - April 10, 2018 (Till Later Today) by Representative HERBIG of Belfast.

PENDING - PASSAGE.

 

 

 

 

 

4.         HOUSE REPORT - Ought to Pass as Amended by Committee Amendment "A" (H-752) - Committee on STATE AND LOCAL GOVERNMENT on Bill "An Act To Increase the Annual Salary of the Governor and To Increase the Per Diem Meal and Housing Allowances Paid to Legislators"

(H.P. 1310)  (L.D. 1878)

 

TABLED - April 13, 2018 (Till Later Today) by Representative FREDETTE of Newport.

PENDING - ACCEPTANCE OF COMMITTEE REPORT.

 

 

 

 

 

5.         Bill "An Act To Improve Access to Services for Adults with Serious and Persistent Mental Illness"

(H.P. 1350)  (L.D. 1911)

 

(Committee on HEALTH AND HUMAN SERVICES suggested)

TABLED - April 18, 2018 (Till Later Today) by Representative HERBIG of Belfast.

PENDING - REFERENCE.

 

 

 

 

 

6.         Bill "An Act To Slow the Rate at Which the State's Minimum Wage Increases and To Eliminate Cost-of-living Increases to the Minimum Wage"

(S.P. 749)  (L.D. 1913)

 

- In Senate, READ TWICE under suspension of the rules without reference to a committee and PASSED TO BE ENGROSSED.

TABLED - June 20, 2018 (Till Later Today) by Representative HERBIG of Belfast.

PENDING - REFERENCE.

 

 

 

 

 

7.         Bill "An Act To Correct Errors and Inconsistencies in the Laws of Maine" (EMERGENCY)

(H.P. 1327)  (L.D. 1894)
(H. "C" H-796 and S. "A" S-494 to C. "A" H-782)

 

- In Senate, PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-782) AS AMENDED BY SENATE AMENDMENT "A" (S-494) thereto.

TABLED - June 21, 2018 (Till Later Today) by Representative TIMBERLAKE of Turner.

PENDING - PASSAGE TO BE ENGROSSED.

 

 

 

 

 

8.         Bill "An Act To Increase Funding in the Maine Budget Stabilization Fund" (EMERGENCY)

(S.P. 738)  (L.D. 1908)

 

- In Senate, Bill and accompanying papers INDEFINITELY POSTPONED.

TABLED - June 25, 2018 (Till Later Today) by Representative HERBIG of Belfast.

PENDING - REFERENCE.

 

 

 

 

 

9.         Resolve, To Fund a New Comprehensive Child Welfare Information System

(S.P. 739)  (L.D. 1909)

 

- In Senate, Resolve and accompanying papers INDEFINITELY POSTPONED.

TABLED - June 25, 2018 (Till Later Today) by Representative HERBIG of Belfast.

PENDING - REFERENCE.

 

 

 

 

 

10.       Expression of Legislative Sentiment Recognizing the Hall-Dale High School Boys Baseball Team, of Farmingdale

(HLS 1435)

 

TABLED - June 25, 2018 (Till Later Today) by Representative WARREN of Hallowell.

PENDING - PASSAGE.

 

 

 

 

 

11.       An Act To Conform to the United States Internal Revenue Code of 1986 and Provide Tax Relief to Maine Families (EMERGENCY)

(S.P. 612)  (L.D. 1655)
(S. "A" S-496 to C. "B" S-477)

 

TABLED - June 26, 2018 (Till Later Today) by Representative TIPPING of Orono.

PENDING - PASSAGE TO BE ENACTED.

 

 

 

 

 

 

 

_________________________________

 

SPECIAL STUDY TABLE

 

1.         Joint Order, To Establish the Task Force on Maine's 21st Century Economy and Workforce

(S.P. 725)

 

- In Senate, READ and PASSED.

TABLED - April 2, 2018 by Representative HERBIG of Belfast.

(Pursuant to Joint Rule 353)

PENDING - PASSAGE.

 

 

 

 

 

 

 

_________________________________

 

State of Maine
House of Representatives
128th Legislature
Second Special Session
HOUSE ADVANCE JOURNAL AND CALENDAR

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

Monday, July 9, 2018

House Supplement No. 1

 

COMMUNICATIONS

 

            (2-1)  The Following Communication: (H.C. 578)

 

                        and accompanying veto, item (2-2)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

1 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0001

July 6, 2018

 

The 128th Legislature of the State of Maine

State House

Augusta, Maine

 

Dear Honorable Members of the 128th 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 912, "An Act to Clarify the Scope of Practice of Certain Licensed Professionals Regarding Conversion Therapy."

 

Conversion therapy is defined in LD 912 as "any practice or course of treatment that seeks to change an individual's sexual orientation or gender identity including … any effort to change gender expression or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender."  The bill prohibits the use of conversion therapy by licensed mental health personnel, licensed medical personnel, and many other licensed individuals including psychologists, pharmacists, audiologists, speech pathologists, and hearing-aid dealers.

 

I am vetoing LD 912 because it is bad public policy. This bill attempts to regulate professionals who already have a defined scope of practice and standard of care per their statutory licensing requirements.  I strongly agree that young people should not be physically or mentally abused if they come out to their parents or guardians because they have experienced sexual or romantic attraction toward an individual of the same gender. However, as this is written—"any practice or course of treatment"—can call into question a simple conversation. This is so broad that licensed professionals would be prohibited from counseling an individual even at the individual's own request. We should not prohibit professionals from providing their expertise to those who seek it for their own personal and basic questions such as, "How do I deal with these feelings I am experiencing?"  

 

I also have grave concerns that LD 912 can be interpreted as a threat to an individual's religious liberty.  Parents have the right to seek counsel and treatment for their children from professionals who do not oppose the parents' own religious beliefs. At no time should such treatment take the form of mental or physical abuse and such treatment should always be subject to the statutory requirements of the standard of care for that profession.

 

No evidence has been presented during the many public meetings on this subject that indicates that conversion therapy is being used by anyone, including licensed professionals, in the State of Maine. 

 

Because the standard of practice for these professionals already prohibits any practice or therapy that would amount to physical or mental abuse, what we are really trying to regulate are the private, consultative conversations between a licensed provider and a client.

 

This session, I submitted a Governor's bill that posed similar circumstances to this bill.  LD 1904 sought to criminalize the cultural practice of the physical mutilation of young girls in Maine and to put penalties in place when the mutilation was directed by a parent or a guardian. That language was narrow and specific, but could not pass.

 

Consider the two bills side by side.  LD 1904 sought to ban "female genital mutilation," or "FGM," a heinous procedure involving partial or total removal of female genitalia for cultural or religious reasons. FGM is practiced on girls as young as infants up until the age of 14. The practitioner is often not a medical professional and the cutting is not typically done in a sterile setting with sterile tools, yet the cutter removes or partially removes the young girls' clitoris. FGM may also alter or remove the vaginal folds or pierce, scar or cauterize the genital area. These girls are mutilated for life.

 

Doctors and nurses in our hospitals have seen the brutal results, either on the exam table or in the Emergency Room after it has gone horribly wrong, and MaineCare has been billed to repair the damage. The Cumberland County District Attorney spoke vociferously in favor of this bill.

 

In 2013, Maine had 1,603 women at risk. Of those, 399 were under 18. Exact figures are hard to get because parents don't report this kind of mutilation, and girls are unlikely to report on their parents.

 

Yet opponents in the Legislature said it is not happening in our state so we should not pass the bill, although there was evidence that it is occurring in Maine and the practice has been outlawed by 26 states.

 

Legislators who could not stand up and outlaw the permanent mutilation of young girls' sexual organs by laypersons in unsanitary conditions with razor blades now are concerned with outlawing conversations, of which there is also "no evidence" that it is happening in Maine. This is a disgusting double-standard.

 

The sponsor of this bill recently tweeted: "Shame on the politicians who elect cowardice over courage." I agree. Cowardice is bowing to political correctness and voting against LD 1904, as he did, along with most of the House Democrats. I thank the members of the Legislature of both parties who had the courage to support LD 1904. 

 

I believe we should apply consistent standards when passing legislation to protect our vulnerable young people. For these reasons, I return LD 912 unsigned and vetoed. I strongly urge the Legislature to sustain it.

 

 

Sincerely,

 

S/Paul R. LePage

Governor

 

_________________________________

 

            (2-2)  The accompanying item An Act To Clarify the Scope of Practice of Certain Licensed Professionals Regarding Conversion Therapy

(H.P. 640)  (L.D. 912)
(S. "B" S-490 to C. "A" H-745)

 

_________________________________


 

            (2-3)  The Following Communication: (H.C. 579)

 

                        and accompanying veto, item (2-4)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

1 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0001

 

July 6, 2018

 

The 128th Legislature of the State of Maine

State House

Augusta, Maine

 

Dear Honorable Members of the 128th 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 1915, "An Act To Clarify Which Municipalities May Receive a Portion of Day Use and Camping Fees from State Parks and Historic Sites."

 

LD 1915 is vague and overbroad. The bill is intended to resolve an issue that has arisen related to the collection and disbursement of fees from state parks to surrounding towns.  Instead, it confuses and overcomplicates the issue. Furthermore, it has not had a public hearing and does not appear to meet the definition of an "emergency." 

 

This bill applies to "all municipalities that have any lands classified by the director as parks or historic sites under jurisdiction of the bureau within their boundaries." Because it is written so broadly, the bill includes municipalities containing at least one of approximately 300 boat launches, all municipalities with a state-owned rail trail and municipalities with undeveloped land, none of which contribute revenue to the general fund.

 

Furthermore, the bill sets up a new conflict that would allow certain municipalities to "double dip" in fee collection. Municipalities that operate state parks under a management agreement whereby the municipalities retain all fees collected do not send park fees to the general fund. However, LD 1915, because of its vague and overbroad wording, mandates that those same municipalities be paid a second time from the general fund.

 

Last, the bill does not define a municipality and leaves open to interpretation the inclusion of plantations, townships and other unorganized forms of government.

 

I cannot support such last-minute, overbroad, and vague legislation. We can do better to resolve this issue. For these reasons, I return LD 1915 unsigned and vetoed. I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

_________________________________

 

            (2-4)  The accompanying item An Act To Clarify Which Municipalities May Receive a Portion of Day Use and Camping Fees from State Parks and Historic Sites (EMERGENCY)

(H.P. 1357)  (L.D. 1915)

 

_________________________________


 

            (2-5)  The Following Communication: (H.C. 580)

 

                        and accompanying veto, item (2-6)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

1 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0001

 

July 6, 2018

 

The 128th Legislature of the State of Maine

State House

Augusta, Maine

 

Dear Honorable Members of the 128th 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 1539, "An Act To Amend Maine's Medical Marijuana Law."

 

LD 1539 makes drastic changes to Maine's Medical Use of Marijuana Program that remove the premise of medical use from the existing program. To simplify this letter, I will enumerate the major deficiencies of the bill that prevent me from permitting LD 1539 to go into law.

 

1.    LD 1539 eliminates all qualifying medical conditions from the Maine Medical Use of Marijuana Program, allowing access, for any reason, at the suggestion of a medical provider.

2.    The bill maintains drug convictions as the only felony that disqualifies an individual from registering as a caregiver, leaving patients vulnerable and the program open to potentially dangerous and violent criminals.

3.    This legislation allows for the use of marijuana in any form, a potentially hazardous permission as products such as eye drops, injectables, and tasteless powders are emerging in other states.

4.    The bill allows dispensaries, which are currently operating as nonprofits, to convert their status to for-profit, fundamentally altering the nature of their mission and relationship with patients by prioritizing profit over care.

5.    LD 1539 requires the Department of Administrative and Financial Services to pay the physician consultation fee for verification of a minor qualifying patient with the medical marijuana fund.

6.    LD 1539 makes tax changes that permit dispensaries and caregivers to expense their equipment costs, a costly deviation from current tax law that places Maine in conflict with the federal Internal Revenue Code.

7.    The bill removes the employment restrictions on caregivers, allowing for an unlimited number of assistants and prohibiting the State of Maine from drug testing those new assistants as a part of the registry process.

8.    This legislation does not require caregivers to provide proof of their sales tax registration with Maine Revenue Services when applying for the registry.

9.    This legislation establishes extraction facilities, through the same legislative language I vetoed in LD 238, which would allow these types of businesses to operate in the absence of department rule or certification, posing a significant risk to the public since the legislation allows inherently hazardous materials to be used during extraction.

10.  LD 1539 creates a significant new administrative burden on the medical program and provides what could only be described as—in the most generous terms—a modest increase in human resource capacity to meet future program needs.

11.  Finally, the bill, nonsensically, requires the development and administration of a medical marijuana research fund but only after having removed all debilitating medical conditions from the program that one may have wished to study.

 


 

This is not an exhaustive list of concerns and deficiencies.

 

Furthermore, this bill disregards the work of your colleagues on the Joint Select Committee on Marijuana Legalization Implementation by using LD 1539 to establish caregivers in a retail marketplace, before it has been launched, with no other qualifications than establishing Maine residency. Given these circumstances, this legislation makes imprudent changes to Maine law. Legislation such as LD 1539 would be more appropriate during the Second Regular Session of the 129th Legislature, once an adult-use recreational program has been established by the Department of Administrative and Financial Services (DAFS) and policymakers have the benefit of input relative to that experience.

 

Alternatively, I would support standalone legislation that immediately brings more oversight to the medical program, its caregiver participants, and provides the framework necessary for a medical program and recreational program to coexist rather than cannibalize each other.

 

For these reasons, I return LD 1539 unsigned and vetoed. I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

_________________________________

 

 

            (2-6)  The accompanying item An Act To Amend Maine's Medical Marijuana Law

(H.P. 1060)  (L.D. 1539)
(S. "D" S-530, S. "G" S-539 and S. "H" S-540 to C. "A" H-765)

 

_________________________________

 


 

 

State of Maine
House of Representatives
128th Legislature
Second Special Session
HOUSE ADVANCE JOURNAL AND CALENDAR

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

Monday, July 9, 2018

House Supplement No. 2

 

SENATE PAPERS

 

Non-Concurrent Matter

 

 

            (1-1)  Bill "An Act To Prohibit Campaign Fund-raising at the Voting Place"

(H.P. 1354)  (L.D. 1912)
(H. "A" H-804)

 

            PASSED TO BE ENGROSSED AS AMENDED BY HOUSE AMENDMENT "A" (H-804) in the House on June 26, 2018.

 

            Comes from the Senate PASSED TO BE ENGROSSED in NON-CONCURRENCE.

 

_________________________________

 

 

 


 

 

State of Maine
House of Representatives
128th Legislature
Second Special Session
HOUSE ADVANCE JOURNAL AND CALENDAR

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

Monday, July 9, 2018

House Supplement No. 3

 

PETITIONS, BILLS AND RESOLVES REQUIRING REFERENCE

 

 

            (3-1)  Bill "An Act To Employ Veterans in Health Care To Meet Workforce Needs"

(H.P. 1362)  (L.D. 1917)

 

Sponsored by Representative GOLDEN of Lewiston.  (GOVERNOR'S BILL)

Cosponsored by Senator: COLLINS of York.

 

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

 

_________________________________

 

 


 

 

State of Maine
House of Representatives
128th Legislature
Second Special Session
HOUSE ADVANCE JOURNAL AND CALENDAR

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

Monday, July 9, 2018

House Supplement No. 4

 

COMMUNICATIONS

 

 

            (2-1)  The Following Communication: (S.C. 1051)

 

                        and accompanying veto, item (2-2)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

AUGUSTA, MAINE

 

July 2, 2018

 

The 128th Legislature of the State of Maine

State House

Augusta, Maine

 

Dear Honorable Members of the 128th 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 40, "An Act To Strengthen Requirements for Water Testing for Schools."

 

Limiting exposure to lead is important to public health, and while the aim of the legislation was to ensure that students are not exposed to lead in drinking water in the schools, the final product does not give clear direction on the initiative.  This bill seeks to tie a public health-related issue properly overseen by DHHS with financial funding overseen by the Department of Education.

 

Schools on private wells are currently tested for lead.  Schools that feed off a public water system are not.  DHHS's responsibility is only to the public system and not the fixtures inside buildings that feed off that system.

 

The testing of schools on these public water systems is the responsibility of local school districts.  DHHS currently offers testing for free to schools that find themselves in this position, and it is up to the school districts to ensure this testing is done.

 

If testing reveals there is a lead issue, DOE has a revolving renovation fund to provide loans to school districts to remediate the problem.

 

LD 40 is unnecessary and makes complicated what is a straightforward method already in place for addressing this issue. If schools are unwilling to take advantage of free testing and the remediation funding now available to ensure proper public health, another statute is not going to make them do it.

 

For these reasons, I return LD 40 unsigned and vetoed. I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

 

            Comes from the Senate, READ and ORDERED PLACED ON FILE.

 

_________________________________

 

 

            (2-2)  The accompanying item An Act To Strengthen Requirements for Water Testing for Schools

(S.P. 20)  (L.D. 40)
(S. "A" S-429 and S. "B" S-492 to C. "A" S-406)

 

            In Senate, July 9, 2018, this Bill, having been returned by the Governor, together with objections to the same, pursuant to the provisions of the Constitution of the State of Maine, after reconsideration, the Senate proceeded to vote on the question: 'Shall this Bill become a law notwithstanding the objections of the Governor?'

 

            31 voted in favor and 3 against, and 31 being more than 2/3 of the members present and voting, accordingly it was the vote of the Senate that the Bill become law and the veto was overridden.

 

_________________________________

 

 


 

 

State of Maine
House of Representatives
128th Legislature
Second Special Session
HOUSE ADVANCE JOURNAL AND CALENDAR

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

Monday, July 9, 2018

House Supplement No. 5

 

COMMUNICATIONS

 

 


 

            (2-1)  The Following Communication: (S.C. 1053)

 

                        and accompanying veto, item (2-2)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

AUGUSTA, MAINE

 

July 2, 2018

 

The 128th Legislature of the State of Maine

State House

Augusta, Maine

 

Dear Honorable Members of the 128th 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 1744, "An Act To Create a Credit under the Commercial Forestry Excise Tax for Landowners Using Businesses Based in the United States."

 

LD 1744 would establish a new, 100-percent credit against the commercial forestry excise tax (CFET) for landowners who hire harvesting businesses based in the United States. Although I share the goals of this bill, it is flawed in operation.

 

The CFET exists to partially offset the costs of forest-fire protection incurred by the Department of Agriculture, Conservation and Forestry. Currently, Maine Revenue Services collects more than $2 million a year from this tax. With approximately 750 taxpayers and 9 million acres of taxable forest land subject to the CFET, I remain concerned that LD 1744 would needlessly endanger the ability of the Maine Forest Service to combat wildfires in our state.

 

If the drought that plagued Maine for much of last summer is any indication, now is not the time to diminish such a critical funding source.

 

In addition to these more pressing concerns, our state's tax administrators report that this bill would be nearly impossible to implement. For example, LD 1744 requires that all hired harvesters be current on state and local taxes. Such a provision is difficult, if not impossible, for landowners to prove, especially since most tax information is confidential and a contractor or other business is not legally obligated to provide this information to a third party. Further, the bill does not specify the timing and duration of the proposed credit or adequately identify the requirements necessary to be fulfilled in order for a landowner to qualify.

 

Finally, LD 1744 may jeopardize the legality of the independent contractor relationship between commercial forest landowners and the businesses they use for harvesting and transport. This would lead to numerous issues, including increased costs, for the parties involved and negate any potential benefit of this bill.

 

For these reasons, I return LD 1744 unsigned and vetoed. I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

 

            Comes from the Senate, READ and ORDERED PLACED ON FILE.

 

_________________________________

 

 

            (2-2)  The accompanying item An Act To Create a Credit under the Commercial Forestry Excise Tax for Landowners Using Businesses Based in the United States

(S.P. 643)  (L.D. 1744)
(S. "A" S-412 to C. "A" S-395)

 

            In Senate, July 9, 2018, this Bill, having been returned by the Governor, together with objections to the same, pursuant to the provisions of the Constitution of the State of Maine, after reconsideration, the Senate proceeded to vote on the question: 'Shall this Bill become a law notwithstanding the objections of the Governor?'

 

            26 voted in favor and 8 against, and 26 being more than 2/3 of the members present and voting, accordingly it was the vote of the Senate that the Bill become law and the veto was overridden.

 

_________________________________

 

 


 

 

State of Maine
House of Representatives
128th Legislature
Second Special Session
HOUSE ADVANCE JOURNAL AND CALENDAR

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

Monday, July 9, 2018

House Supplement No. 6

 

COMMUNICATIONS

 

 


 

            (2-1)  The Following Communication: (S.C. 1054)

 

                        and accompanying veto, item (2-2)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

AUGUSTA, MAINE

 

July 2, 2018

 

The 128th Legislature of the State of Maine
State House
Augusta, Maine

 

Dear Honorable Members of the 128th 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 1884, "An Act To Specify the Procedures Regarding the Court-ordered Surrender of Dangerous Weapons."

 

This bill provides that a person's firearms possession rights may be stripped when a court has ordered that person to take part in a mental-health progressive treatment program.  Although this bill provides a procedure that affords the person some due process protections, ultimately the patient could be denied their firearm possession rights for up to two years based on minimal evidence.

 

Unlike the statute for involuntary commitment, which requires evidence of the person's mental illness and dangerousness to be proved by clear and convincing evidence, this statute does not specify the same high evidentiary standard. Once made, these factual determinations are not reviewable on appeal. Ultimately, the statement of a single doctor that the person is probably mentally ill and dangerous is all that is needed to deprive the individual of a constitutionally protected right. 

 

The protections this bill affords the individual are simply insufficient. The evidentiary burden is low, there is no opportunity for a second opinion, and the duration of the order is long.  

 

For these reasons, I return LD 1884 unsigned and vetoed.  I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage
Governor

 

 

            Comes from the Senate, READ and ORDERED PLACED ON FILE.

 

_________________________________

 

 

            (2-2)  The accompanying item An Act To Specify the Procedures Regarding the Court-ordered Surrender of Dangerous Weapons

(S.P. 719)  (L.D. 1884)
(C. "B" S-489)

 

            In Senate, July 9, 2018, this Bill, having been returned by the Governor, together with objections to the same, pursuant to the provisions of the Constitution of the State of Maine, after reconsideration, the Senate proceeded to vote on the question: 'Shall this Bill become a law notwithstanding the objections of the Governor?'

 

            31 voted in favor and 3 against, and 31 being more than 2/3 of the members present and voting, accordingly it was the vote of the Senate that the Bill become law and the veto was overridden.

 

_________________________________

 

 


 

 

State of Maine
House of Representatives
128th Legislature
Second Special Session
HOUSE ADVANCE JOURNAL AND CALENDAR

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

Monday, July 9, 2018

House Supplement No. 7

 

COMMUNICATIONS

 

 

            (2-1)  The Following Communication: (S.C. 1055)

 

                        and accompanying veto, item (2-2)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

AUGUSTA, MAINE

 

June 29, 2018

 

The 128th Legislature of the State of Maine

State House

Augusta, Maine

 

Dear Honorable Members of the 128th 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 812, "Resolve, To Establish a Pilot Project To Save Lives and Support People with Substance Use Disorder in Washington County."

 

The Department of Health and Human Services spent significant time working with community health care providers in Washington County between the first and second regular sessions of the 128th Legislature. They provided technical assistance and expert guidance on how to connect local health care providers and coordinate with both local and statewide resources to fight the opioid epidemic.

 

The department remains both willing and able to continue serving as a resource for Downeast Maine, but passing a law to require them to develop and implement a pilot project replaces the role of the community with the state government. And in my experience, more government does not necessarily equal better results. The tasks outlined in the bill can and should be undertaken by members of the Washington/Hancock community, and they should not be a mandate on state government.

 

For this reason, I return LD 812 unsigned and vetoed. I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

 

            Comes from the Senate, READ and ORDERED PLACED ON FILE.

 

_________________________________

 

 

            (2-2)  The accompanying item Resolve, To Establish a Pilot Project To Save Lives and Support People with Substance Use Disorder in Washington County (EMERGENCY)

(S.P. 257)  (L.D. 812)
(S. "A" S-481 to C. "A" S-444)

 

            In Senate, July 9, 2018, this Resolve, having been returned by the Governor, together with objections to the same, pursuant to the provisions of the Constitution of the State of Maine, after reconsideration, the Senate proceeded to vote on the question: 'Shall this Resolve become a law notwithstanding the objections of the Governor?'

 

            34 voted in favor and 0 against, and 34 being more than 2/3 of the members present and voting, accordingly it was the vote of the Senate that the Resolve become law and the veto was overridden.

 

_________________________________

 

 


 

 

State of Maine
House of Representatives
128th Legislature
Second Special Session
HOUSE ADVANCE JOURNAL AND CALENDAR

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

Monday, July 9, 2018

House Supplement No. 8

 

COMMUNICATIONS

 

            (2-1)  The Following Communication: (S.C. 1057)

 

                        and accompanying veto, item (2-2)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

AUGUSTA, MAINE

 

July 3, 2018

 

The 128th Legislature of the State of Maine

State House

Augusta, Maine

 

Dear Honorable Members of the 128th 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 1729, "An Act To Restore Confidence in Utility Billing Systems."

 

This bill was created after many members of the public and media questioned Central Maine Power's new billing system. The bill requires the PUC to apportion of the cost of CMP's management audit to ratepayers and to shareholders in the event of a finding of imprudence. Prior to this bill's introduction, the cost of the management audit was paid for by ratepayers.

 

While the language of the bill does not specifically single out CMP, the intent to single out CMP is clear, and was clear during committee hearings.  I find a law that intends to single out a specific company unfair and unconstitutional. Introducing a bill to create a fine for an action after the fact, ex post facto, is unfair as well.

 

This bill also directs the PUC to take actions that are largely already in process. In that respect the bill is unnecessary, and the actions contemplated in the bill can already be achieved through the PUC, the Public Advocate's Office, and the Governor's Energy Office.

 

This bill is an example of the Legislature unfairly and callously appropriating a process they know is underway in the misguided attempt to look good in an election year. For these reasons, I return LD 1729 unsigned and vetoed.  I strongly urge the Legislature to sustain it.  

 

Sincerely,

 

S/Paul R. LePage

Governor

 

 

            Comes from the Senate, READ and ORDERED PLACED ON FILE.

 

_________________________________

 

 

            (2-2)  The accompanying item An Act To Restore Confidence in Utility Billing Systems (EMERGENCY)

(S.P. 628)  (L.D. 1729)
(S. "A" S-505 to C. "A" S-467)

 

            In Senate, July 9, 2018, this Bill, having been returned by the Governor, together with objections to the same, pursuant to the provisions of the Constitution of the State of Maine, after reconsideration, the Senate proceeded to vote on the question: 'Shall this Bill become a law notwithstanding the objections of the Governor?'

 

            26 voted in favor and 8 against, and 26 being more than 2/3 of the members present and voting, accordingly it was the vote of the Senate that the Bill become law and the veto was overridden.

 

_________________________________

 

 


 

 

State of Maine
House of Representatives
128th Legislature
Second Special Session
HOUSE ADVANCE JOURNAL AND CALENDAR

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

Monday, July 9, 2018

House Supplement No. 9

 

COMMUNICATIONS

 

            (2-1)  The Following Communication: (S.C. 1058)

 

                        and accompanying veto, item (2-2)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

AUGUSTA, MAINE

 

July 3, 2018

 

The 128th Legislature of the State of Maine

State House

Augusta, Maine

 

Dear Honorable Members of the 128th 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 1770, "An Act To Revise Laws Regarding Unemployment That Were Amended or Affected by Recently Enacted Legislation."

 

This bill originally sought to correct language errors in the biennial budget that affected employer chargeability and brought the Department into compliance with federal unemployment requirements by providing that initial tax appeals are handled by the Department of Labor's Division of Administrative Hearings, rather than by the Maine Unemployment Insurance Commission.

 

Instead of moving this maintenance bill forward, the committee held it hostage, adding language that did not pertain to employer chargeability without seeking the advice of or consulting with any subject matter expert from the Bureau of Unemployment Compensation. Instead, they adopted language drafted by first- and second-term legislators who believe, erroneously, that employees pay into the unemployment system.

 

The Maine Department of Labor is responsible for the financial administration of the Unemployment Insurance Program under a state-federal partnership. The federal government's fiscal model determines the funding each state receives to support all administrative and staffing costs of the Unemployment Insurance Program, with efficiency being a critical factor.

 

The Legislature's politically motivated, ignorant intervention on this bill will result in reduced funding to the unemployment system. The bill amendment mandates that certain positions be filled without regard to claims volume. If the Bureau's number of employees does not correlate to workload, the federal fiscal model's efficiency measures will penalize the state for having too high a cost per claim. This will actually decrease funding. 

 

For these reasons, I return LD 1770 unsigned and vetoed. I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

 

            Comes from the Senate, READ and ORDERED PLACED ON FILE.

 

_________________________________

 

 

            (2-2)  The accompanying item An Act To Revise Laws Regarding Unemployment That Were Amended or Affected by Recently Enacted Legislation

(S.P. 657)  (L.D. 1770)
(S. "A" S-485 and S. "B" S-532 to C. "A" S-473)

 

            In Senate, July 9, 2018, this Bill, having been returned by the Governor, together with objections to the same, pursuant to the provisions of the Constitution of the State of Maine, after reconsideration, the Senate proceeded to vote on the question: 'Shall this Bill become a law notwithstanding the objections of the Governor?'

 

            32 voted in favor and 2 against, and 32 being more than 2/3 of the members present and voting, accordingly it was the vote of the Senate that the Bill become law and the veto was overridden.

 

_________________________________

 

 


 

 

State of Maine
House of Representatives
128th Legislature
Second Special Session
HOUSE ADVANCE JOURNAL AND CALENDAR

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

Monday, July 9, 2018

House Supplement No. 10

 

COMMUNICATIONS

 

            (2-1)  The Following Communication: (S.C. 1059)

 

                        and accompanying veto, item (2-2)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

AUGUSTA, MAINE

 

July 3, 2018

 

The 128th Legislature of the State of Maine

State House

Augusta, Maine

 

Dear Honorable Members of the 128th 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 1809, "An Act to Amend the Laws Governing the Issuance of Burn Permits."

 

LD 1809 deals with outdoor burning permits, which are a wildfire prevention tool that protect homes, property, public safety and the forest economy. Title 12, Chapter 807 authorizes the Director of the Maine Forest Service to issue outdoor burning permits statewide.  The original bill was opposed by the Department of Agriculture, Conservation, and Forestry (DACF) and Maine Forest Service (MFS) because the department believes, as do I, that the best way to control fires is to have a single, statewide system for burn permit issuance under the management or oversight of the MFS Forest Rangers. The MFS also opposed LD 1809 because the original bill did not provide the same benefit of free permits to citizens and business in all areas of the state.

 

During the legislative process, an agreement was made for the committee to amend LD 1809 to address concerns raised by the department. The fee for the state's online permit system was dropped, making permits available to everyone without charge. In addition, the amendment allowed the Director of the Forest Service to approve up to two private systems for statewide use, with an appeal process given to the courts in the event of a denial by the Director. 

 

However, since being voted out of committee, a final-hour amendment inexplicably reinstated the $7 fee for the state system while preserving the free, third-party permitting system for up to two providers. This creates a dual-tiered system where people and businesses in only a few towns, mostly in southern Maine, will have online access to free permits. This change negatively discriminates against residents and businesses operating in Maine's unorganized territories and rural towns, which lack the capacity or resources to contract with an online service.

 

This last-minute amendment, which appears to be either for the benefit of the outside permit-service providers or to avoid a fiscal note, received little or no scrutiny by either of the legislative bodies. This is exactly the type of backroom wrangling that citizens have come to loathe about the legislative process.  I am particularly concerned that the Legislature is willing to pass a measure that puts citizens and businesses in Maine on an unequal footing simply because of where they are located.

 

For these reasons, I return LD 1809 unsigned and vetoed.  I strongly urge the Legislature to sustain this veto.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

 

            Comes from the Senate, READ and ORDERED PLACED ON FILE.

 

_________________________________

 

 

            (2-2)  The accompanying item An Act To Amend the Laws Governing the Issuance of Burn Permits (EMERGENCY)

(S.P. 678)  (L.D. 1809)
(S. "A" S-517 to C. "A" S-417)

 

            In Senate, July 9, 2018, this Bill, having been returned by the Governor, together with objections to the same, pursuant to the provisions of the Constitution of the State of Maine, after reconsideration, the Senate proceeded to vote on the question: 'Shall this Bill become a law notwithstanding the objections of the Governor?'

 

            34 voted in favor and 0 against, and 34 being more than 2/3 of the members present and voting, accordingly it was the vote of the Senate that the Bill become law and the veto was overridden.

 

_________________________________

 

 


 

 

State of Maine
House of Representatives
128th Legislature
Second Special Session
HOUSE ADVANCE JOURNAL AND CALENDAR

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

Monday, July 9, 2018

House Supplement No. 11

 

COMMUNICATIONS

 

            (2-1)  The Following Communication: (S.C. 1062)

 

                        and accompanying veto, item (2-2)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

AUGUSTA, MAINE

 

July 6, 2018

 

The 128th Legislature of the State of Maine

State House

Augusta, Maine

 

Dear Honorable Members of the 128th 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 238, "An Act to Amend the Maine Medical Marijuana Act."

 

LD 238 is the type of unfortunate legislation that places the interests of a small, vocal minority before that of everyday Mainers. Put plainly, this bill needlessly jeopardizes public health and safety under the guise of benefiting patients of Maine's medical marijuana program.

 

LD 238 allows these types of businesses to operate in the absence of department rule or certification, posing a significant risk to the public since the legislation allows inherently hazardous materials to be used during extraction. Lawmakers need only look at the recent incidents in Ellsworth and Biddeford for an example of just how dangerous it can be to extract marijuana concentrates with these materials. Passing legislation that would permit newly established manufacturing facilities to conduct this same work in the absence of rule or certification is irresponsible, at best.

 

As if this were not offensive enough, LD 238 includes an immunity provision that shields these new extraction facilities and their owners, officers, and employees from "arrest, prosecution, search, seizure or penalty in any manner" related to their work. Civil penalties and disciplinary action by licensing boards is also prohibited.

 

For these reasons, I return LD 238 unsigned and vetoed.  I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

 

            Comes from the Senate, READ and ORDERED PLACED ON FILE.

 

_________________________________

 

 

            (2-2)  The accompanying item An Act To Amend the Maine Medical Use of Marijuana Act (EMERGENCY)

(S.P. 84)  (L.D. 238)
(C. "A" S-443)

 

            In Senate, July 9, 2018, this Bill, having been returned by the Governor, together with objections to the same, pursuant to the provisions of the Constitution of the State of Maine, after reconsideration, the Senate proceeded to vote on the question: 'Shall this Bill become a law notwithstanding the objections of the Governor?'

 

            31 voted in favor and 3 against, and 31 being more than 2/3 of the members present and voting, accordingly it was the vote of the Senate that the Bill become law and the veto was overridden.

 

_________________________________

 

 


 

 

State of Maine
House of Representatives
128th Legislature
Second Special Session
HOUSE ADVANCE JOURNAL AND CALENDAR

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

Monday, July 9, 2018

House Supplement No. 12

 

COMMUNICATIONS

 

            (2-1)  The Following Communication: (S.C. 1063)

 

                        and accompanying veto, item (2-2)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

AUGUSTA, MAINE

 

July 6, 2018

 

The 128th Legislature of the State of Maine

State House

Augusta, Maine

 

Dear Honorable Members of the 128th 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 1321, "An Act To Promote Social and Emotional Learning and Development in Early Childhood."

 

The Maine Department of Education understands its mission and should be allowed to do its job.  This bill represents yet another voluntary pilot program that will require staff to take time away from their work to study an issue the Department has already identified as needing their attention. It is poor public policy to make the Department conduct yet another study and issue yet another report to gather dust on the Education Committee's bookshelf when they understand there is a need here and are working to fill the gap.

 

For this reason, I return LD 1321 unsigned and vetoed. I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

 

            Comes from the Senate, READ and ORDERED PLACED ON FILE.

 

_________________________________

 

 

            (2-2)  The accompanying item An Act To Promote Social and Emotional Learning and Development in Early Childhood

(S.P. 450)  (L.D. 1321)
(S. "B" S-533 to C. "A" S-128)

 

            In Senate, July 9, 2018, this Bill, having been returned by the Governor, together with objections to the same, pursuant to the provisions of the Constitution of the State of Maine, after reconsideration, the Senate proceeded to vote on the question: 'Shall this Bill become a law notwithstanding the objections of the Governor?'

 

            30 voted in favor and 4 against, and 30 being more than 2/3 of the members present and voting, accordingly it was the vote of the Senate that the Bill become law and the veto was overridden.

 

_________________________________

 

 


 

 

State of Maine
House of Representatives
128th Legislature
Second Special Session
HOUSE ADVANCE JOURNAL AND CALENDAR

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

Monday, July 9, 2018

House Supplement No. 13

 

COMMUNICATIONS

 

            (2-1)  The Following Communication: (S.C. 1064)

 

                        and accompanying veto, item (2-2)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

AUGUSTA, MAINE

 

July 6, 2018

 

The 128th Legislature of the State of Maine

State House

Augusta, Maine

 

Dear Honorable Members of the 128th 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 1490, "An Act To Stabilize Funding for the County Jails."

 

This bill aims to provide additional state general funds to the local county jails in FY19. This proposed funding would be above and beyond the $12.2 million in state general funds already appropriated for funding the jails. If LD 1490 becomes law, the county jails of Maine would receive more than $18 million in state funding in FY19. Over the last four years, the inmate population in the county jails has declined, leaving hundreds of beds vacant, yet the request for State funds has continued to increase.

 

The county jails continue to lack financial oversight, allowing for runaway budgets and unaccounted-for expenses year after year. They assume the State will bail them out by providing additional state funding to fix a county problem. To make matters worse, the state funding comes without any State oversight or control. The people of Maine hear threats about the "drastic measures" the jails will have to employ if they don't get the additional funding from the State; however, if we continue to give additional funding to the jails without requiring accountability and real reform, we will continue to enable their on-going fiscal irresponsibility.

 

During this legislative session, the Department of Corrections submitted a proposal to restructure the county jails, regionalizing operations, and implementing proper financial oversight, including a plan to save nearly $10 million. Despite the necessity of solving this problem, the Legislature failed to act on this proposal and failed to produce a workable alternative.

 

This bill also diverts $3 million in dedicated revenue from the Department of Professional and Financial Regulation to pay for the cost overruns of the county jails. Cost overruns at county jails are clearly not the responsibility of this department. Furthermore, DPFR's only source of revenue is the money collected for licensing fees from individuals and businesses regulated by DPFR agencies. For the Legislature to take operating funds from a dedicated revenue department to pay for a totally unrelated purpose—jail expense overruns—is inappropriate.  DPFR is not the Legislature's personal rainy day fund to use whenever and however it wishes. Licensees have a right to expect that funds paid to agencies within DPFR will be used to further the missions of those agencies including regulatory, educational, and enforcement efforts intended to ensure the public's confidence in the industries and professions being regulated. 

 

Maine's jails have been financially mismanaged for years, yet they continue to receive bailouts from the state to address their budget gaps. Any funding provided by the State to the local county jails should be accompanied by proper State oversight and authority for the jails. Otherwise, the counties should be responsible for funding their own jails.

 

For these reasons, I return LD 1490 unsigned and vetoed. I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

 

            Comes from the Senate, READ and ORDERED PLACED ON FILE.

 

_________________________________

 

 

            (2-2)  The accompanying item An Act To Stabilize Funding for the County Jails

(S.P. 519)  (L.D. 1490)
(S. "A" S-535 to C. "A" S-268)

 

            In Senate, July 9, 2018, this Bill, having been returned by the Governor, together with objections to the same, pursuant to the provisions of the Constitution of the State of Maine, after reconsideration, the Senate proceeded to vote on the question: 'Shall this Bill become a law notwithstanding the objections of the Governor?'

 

            34 voted in favor and 0 against, and 34 being more than 2/3 of the members present and voting, accordingly it was the vote of the Senate that the Bill become law and the veto was overridden.

 

_________________________________

 

 


 

 

State of Maine
House of Representatives
128th Legislature
Second Special Session
HOUSE ADVANCE JOURNAL AND CALENDAR

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

Monday, July 9, 2018

House Supplement No. 14

 

COMMUNICATIONS

 

            (2-1)  The Following Communication: (S.C. 1065)

 

MAINE SENATE

128TH LEGISLATURE

OFFICE OF THE SECRETARY

 

July 9, 2018

 

Honorable Robert B. Hunt

Clerk of the House

2 State House Station

Augusta, Maine  04333

 

Dear Clerk Hunt:

 

Senate Paper 363, Legislative Document 1109, "An Act To Establish Homelessness as an Emergency in the General Assistance Laws," having been returned by the Governor, together with objections to the same, pursuant to Article IV, Part Third, Section 2 of the Constitution of the State of Maine, after reconsideration, the Senate proceeded to vote on the question:  "Shall this Bill become a law notwithstanding the objections of the Governor?"

 

21 voted in favor and 13 against, and accordingly it was the vote of the Senate that the Bill not become a law and the veto was sustained.

 

Best Regards,

 

S/Heather J.R. Priest

Secretary of the Senate

 

 

_________________________________

 

 

 


 

            (2-2)  The Following Communication: (S.C. 1066)

 

MAINE SENATE

128TH LEGISLATURE

OFFICE OF THE SECRETARY

 

July 9, 2018

 

Honorable Robert B. Hunt

Clerk of the House

2 State House Station

Augusta, Maine  04333

 

Dear Clerk Hunt:

 

Senate Paper 485, Legislative Document 1407, "An Act Regarding Prescription Drug Step Therapy," having been returned by the Governor, together with objections to the same, pursuant to Article IV, Part Third, Section 2 of the Constitution of the State of Maine, after reconsideration, the Senate proceeded to vote on the question:  "Shall this Bill become a law notwithstanding the objections of the Governor?"

 

20 voted in favor and 14 against, and accordingly it was the vote of the Senate that the Bill not become a law and the veto was sustained.

 

Best Regards,

 

S/Heather J.R. Priest

Secretary of the Senate

 

 

_________________________________

 

 


 

 

State of Maine
House of Representatives
128th Legislature
Second Special Session
HOUSE ADVANCE JOURNAL AND CALENDAR

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

Monday, July 9, 2018

House Supplement No. 15

 

PETITIONS, BILLS AND RESOLVES REQUIRING REFERENCE

 

 

            (3-1)  Bill "An Act To Authorize the Installation of a Gold Star Family Memorial in Capitol Park"

(H.P. 1363)  (L.D. 1918)

 

Sponsored by Representative HERBIG of Belfast.

Cosponsored by President THIBODEAU of Waldo and Representatives: ESPLING of New Gloucester, FREDETTE of Newport, Speaker GIDEON of Freeport, GOLDEN of Lewiston, Senators: JACKSON of Aroostook, LIBBY of Androscoggin, MASON of Androscoggin, VOLK of Cumberland.

 

            Committee on STATE AND LOCAL GOVERNMENT suggested and ordered printed.

 

_________________________________

 

 


 

 

State of Maine
House of Representatives
128th Legislature
Second Special Session
HOUSE ADVANCE JOURNAL AND CALENDAR

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

Monday, July 9, 2018

House Supplement No. 16

 

ENACTORS

 

Bond Issue

 

            (10-1)  An Act To Authorize a General Fund Bond Issue To Improve Multimodal Facilities, Highways and Bridges and Municipal Culverts

(S.P. 682)  (L.D. 1815)
(C. "A" S-531)

 

 

            Reported by the Committee on Engrossed Bills as truly and strictly engrossed.  In accordance with the provisions of Section 14 of Article IX of the Constitution, a two-thirds vote of the House necessary.

 

_________________________________

 

 


 

 

State of Maine
House of Representatives
128th Legislature
Second Special Session
HOUSE ADVANCE JOURNAL AND CALENDAR

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

Monday, July 9, 2018

House Supplement No. 19

 

SENATE PAPERS

 

 

            (1-1)  The following Joint Order:  (S.P. 753)

 

 

            ORDERED, the House concurring, that when the Senate and House adjourn, they do so today, July 9, 2018 until the call of the President of the Senate and the Speaker of the House, respectively, when there is a need to conduct business or consider objections of the Governor.

 

 

            Comes from the Senate, READ and PASSED.

 

_________________________________