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The House CalendarThe Advance Journal and Calendar of the House of Representatives 10th Legislative Day Tuesday, February 11, 2020
Calling of the House to Order by the Speaker Pro Tem.
Prayer by Pastor Tim Cleaver, Pittston Congregational Church.
National Anthem by Sarah Crosby, Jefferson.
Pledge of Allegiance.
Reading of the Journal of Thursday, February 6, 2020. _________________________________
(2-1) The Following Communication: (S.C. 806)
and accompanying veto, item (2-2)
STATE OF MAINE OFFICE OF THE GOVERNOR 1 STATE HOUSE STATION AUGUSTA, MAINE 04333-0001
January 10, 2020
The 129th Legislature of the State of Maine State House Augusta, Maine
Dear Honorable Members of the 129th Legislature:
Pursuant to the authority vested in me by Article IV, Part Third, Section 2 of the Maine Constitution, I am vetoing L.D. 553, "An Act to Ensure Proper Oversight of Sports Betting in the State."
Since the Murphy decision in the United States Supreme Court in May of 2018, a number of states have rushed to pass laws that legalize tax and regulate sports gambling in a great variety of ways.
The Supreme Court said we could regulate it; but that does not mean we have to.
I respect the long hours and hard work that the Committee on Veterans and Legal Affairs put into this bill following its submission as a concept draft and the number of work sessions in which the Committee tried to combine the best of several bills on this difficult subject matter. And I believe this bill is a good effort by those who wish to bring out into the open a black market activity that is practiced by many now and who want to regulate that activity without over-regulating or over-taxing it so as to drive it back underground. The bill is a step forward towards achieving that delicate balance.
But, respectfully, I remain unconvinced at this time that the majority of Maine people are ready to legalize, support, endorse and promote betting on competitive athletic events.
Before Maine joins the frenzy of states hungry to attract this market, I believe we need to examine the issue more clearly; better understand the evolving experiences of other states; and thoughtfully determine the best approach for Maine. That approach needs to balance the desire to suppress gambling activities now being conducted illegally and the need to protect youthful gamblers and those least able to absorb losses under a closely regulated scheme.
This bill prohibits gambling on sports by people under the age of 21, and I am aware that mobile sports gambling operators offer sophisticated mechanisms to detect problem gamblers and gambling by young people. But it is difficult to envision a system which does this and at the same time would employ broad based marketing and aggressive advertising in social media and on television, including ads during the very games on which live bets are being placed. These ads would unduly draw in people who should not be risking money impetuously because of youth or financial or family circumstances.
It may be that the regulations permitted by this bill would allow reasonable oversight of marketing and access to youth. But that is far from certain given the federal and regional jurisdiction over much of the relevant media.
We are also told that the state can access new revenues by legalizing sports betting. But for the more than dozen states that have enacted legislation regarding this form of gambling, revenues have fallen far short of projections for a variety of reasons, and the economic impact of mobile sports gambling on preexisting facilities, given the potential saturation in the market, is uncertain. In addition, while legalized sports gambling may attract some revenue to the state coffers, the same economic premise in theory would justify legalizing all forms of gambling — betting on the weather, spelling bees and school board elections, for instance.
Finally, we are also told that Maine needs to legalize sports gambling in order to preserve its existing market share in the betting industry. That premise is still speculative, and, in any event, merits a longer term analysis given the constantly changing dynamics of gambling in New England.
Should the Legislature override this veto, or should Legislature take up a similar measure next year, my administration will continue to help with drafting and analysis to best address the unique needs of our state. In that respect, I commend the broad regulatory authority described in this bill that includes strict licensing criteria and the state's right to establish a maximum wager, to collect child support arrearages, to avoid insider betting and to promote social responsibility. At the same time, if the Legislature is serious about cracking down on illegal activities, it should consider penalties that are more serious and more consistent with the Maine Criminal Code, including recognizing the financial gain of the offender, rather than the misdemeanor penalties described in section 1216 of the bill. In the meantime, of course, federal sanctions prohibit gambling activities of any sort that are not allowed under state law.
I appreciate the Legislature's interest in this evolving issue and respectfully request that you sustain this veto while we closely monitor the impact of legalization and the successes and failures in other states as they seek to regulate and benefit from sports betting.
Thank you.
Sincerely,
S/Janet T. Mills Governor
Comes from the Senate, READ and ORDERED PLACED ON FILE.
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(2-2) The accompanying item An Act To Ensure Proper Oversight of Sports Betting in the State (S.P. 175) (L.D. 553)
In Senate, February 6, 2020, 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?'
20 voted in favor and 10 against, and 20 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.
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(2-3) The Following Communication: (H.C. 325)
STATE OF MAINE HOUSE OF REPRESENTATIVES SPEAKER'S OFFICE AUGUSTA, MAINE 04333-0002
February 11, 2020
Honorable Robert B. Hunt Clerk of the House 2 State House Station Augusta, Maine 04333
Dear Clerk Hunt:
Pursuant to my authority under House Rule 201.1 (H), I appoint Representative Ryan D. Tipping of Orono to serve as Speaker Pro Tem to convene the House on Tuesday, February 11, 2020.
Sincerely,
S/Sara Gideon Speaker of the House
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(2-4) The Following Communication: (H.C. 326)
STATE OF MAINE HOUSE OF REPRESENTATIVES SPEAKER'S OFFICE AUGUSTA, MAINE 04333-0002
February 6, 2020
Honorable Robert Hunt Clerk of the House 2 State House Station Augusta, Maine 04333-0002
Dear Clerk Hunt,
Pursuant to my authority under Title 5 MRSA, §20065, I have appointed the following members to the Substance Use Disorder Services Commission effective immediately:
Honorable Anne Perry of Calais Honorable Richard Pickett of Dixfield
Should you have any questions regarding these appointments, please do not hesitate to contact my office.
Sincerely,
S/Sara Gideon Speaker of the House
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(2-5) The Following Communication: (H.C. 327)
STATE OF MAINE ONE HUNDRED AND TWENTY-NINTH LEGISLATURE COMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES
February 5, 2020
The Honorable Troy Jackson President of the Senate
The Honorable Sara Gideon Speaker of the House of Representatives
129th Legislature State House Augusta, Maine 04333
Dear President Jackson and Speaker Gideon:
Please accept this letter as the report of the findings of the Joint Standing Committee on Environment and Natural Resources from its review and evaluation of the Board of Underground Storage Tank Installers under the State Government Evaluation Act, Title 3 Maine Revised Statutes, chapter 35.
The committee finds that the Board of Underground Storage Tank Installers is operating within its statutory authority.
Sincerely,
S/Brownie Carson Senate Chair
S/Ralph Tucker House Chair
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(2-6) The Following Communication: (H.C. 328)
STATE OF MAINE ONE HUNDRED AND TWENTY-NINTH LEGISLATURE COMMITTEE ON VETERANS AND LEGAL AFFAIRS
February 6, 2020
The Honorable Troy Jackson President of the Senate
The Honorable Sara Gideon Speaker of the House of Representatives
129th Legislature State House Augusta, Maine 04333
Dear President Jackson and Speaker Gideon:
Please accept this letter as the report of the findings of the Joint Standing Committee on Veterans and Legal Affairs from its review and evaluation of the Department of Defense, Veterans and Emergency Management under the State Government Evaluation Act, Title 3 Maine Revised Statutes, chapter 35. Under the Act, the Veterans and Legal Affairs has jurisdiction to review and to evaluate the Military Bureau, Maine Bureau of Veterans' Services and Maine Military Authority within the department, while the Joint Standing Committee on Criminal Justice and Public Safety has jurisdiction to review and to evaluate the operations of the Maine Emergency Management Agency.
The Joint Standing Committee on Veterans and Legal Affairs finds that the portions of the Department of Defense, Veterans and Emergency Management within the committee's jurisdiction are operating effectively and efficiently within their statutory authority.
Sincerely,
S/Senator Louis Joseph Luchini Senate Chair
S/Representative John C. Schneck, House Chair
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(2-7) The Following Communication: (H.C. 329)
CLERK'S OFFICE 2 STATE HOUSE STATION AUGUSTA, MAINE 04333-0002
February 10, 2020
Honorable Sara Gideon Speaker of the House 2 State House Station Augusta, Maine 04333
Dear Speaker Gideon:
Pursuant to Joint Rule 310, the following Joint Standing Committees have voted unanimously to report the following bills out "Ought Not to Pass:"
Agriculture, Conservation and Forestry L.D. 1770 An Act To Amend the Forestry Laws Regarding Responsibility for Compliance with Those Laws Inland Fisheries and Wildlife L.D. 638 An Act To Legalize the Use of Supplemental Minerals To Assist with Wildlife Nutrition L.D. 695 An Act To Require Biodegradable Hooks and Lures for Freshwater Fishing
Sincerely,
S/Robert B. Hunt Clerk of House
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(2-8) The Following Communication: (S.C. 907)
MAINE SENATE 129th LEGISLATURE
Honorable Sara Gideon Speaker of the House 2 State House Station Augusta, Maine 04333-0002
Dear Speaker Gideon:
In accordance with 3 MRSA §158 and Joint Rule 506 of the 129th Maine Legislature, please be advised that the Senate today confirmed the following nominations:
Upon the recommendation of the Committee on Innovation, Development, Economic Advancement and Business,
· Omar Andrews of Portland for appointment, to the Finance Authority of Maine.
· Rebecca Asen of Falmouth for appointment, to the Finance Authority of Maine.
· Dustin D. Brooks of Portland for appointment, to the Finance Authority of Maine.
Best Regards,
S/Darek M. Grant Secretary of the Senate
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(2-9) The Following Communication: (S.C. 911)
MAINE SENATE 129th LEGISLATURE
February 6, 2020
Honorable Robert B. Hunt Clerk of the House 2 State House Station Augusta, Maine 04333
Dear Clerk Hunt:
Senate Paper 80, Legislative Document 268, "An Act To Create a Credit under the Commercial Forestry Excise Tax for Landowners Using Businesses Based in the United States," 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?"
19 voted in favor and 11 against, and accordingly it was the vote of the Senate that the Bill not become a law and the veto was sustained.
Best Regards,
Darek M. Grant Secretary of the Senate
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SPECIAL SENTIMENT CALENDAR
In accordance with House Rule 519 and Joint Rule 213, the following items: Recognizing: (5-1) the Roxbury Swift River Valley Extension Group, to which, for contributions to the community, the Town of Roxbury has dedicated its Town Report. We extend our congratulations and best wishes;
(SLS 1040)
(5-2) Reno's Family Restaurant, of Caribou, which is celebrating its 55th Anniversary. Reno's was recognized as the #1 restaurant in Aroostook County by Bangor Metro in 2012 and later as the 9th-best restaurant in the State by the website bestthingsme.com. We extend our congratulations and best wishes;
(SLS 1042)
(5-3) Ryan Cole, of Woodland, a member of Troop No. 177, who has attained the high rank and distinction of Eagle Scout. This is the highest award in Scouting and is given for excellence in skills development, leadership, personal growth and community service. We extend our congratulations and best wishes;
(SLS 1043)
(5-4) Justice Marable, of Somerville, a seventh grade student at Windsor Elementary School, who has received middle school top honors in the 2019 Maine Native American History and Culture Essay Contest from the Maine Secretary of State for his winning submission, "The Life of Maine's Micmac (Mikmaq)." We extend our congratulations and best wishes;
(SLS 1044)
(5-5) Ireland's Rubbish Services, of Lincoln, a family-run company which is celebrating 50 years in business. Ireland's, which employs 15 people, operates in Lincoln and towns throughout Penobscot, Piscataquis and Aroostook counties, transporting rubbish and processing hundreds of tons of recyclables every year. We extend our congratulations and best wishes;
(SLS 1045)
(5-6) Daigle Oil Company, in Fort Kent, which is celebrating its 65th Anniversary of business, providing fuel, heating and cooling systems services and convenience stores to the people of northern Maine. We extend our congratulations and best wishes;
(SLS 1046)
(5-7) Bud and Marita Kilton, of Sorrento, who celebrated their 69th Wedding Anniversary on February 3, 2020. We extend our congratulations and best wishes;
(HLS 827) Presented by Representative FAULKINGHAM of Winter Harbor. Cosponsored by Senator LUCHINI of Hancock.
(5-8) the Honorable Donald G. Alexander, of Winthrop, who has retired as a Justice of the Maine Supreme Judicial Court after 41 years of service on the bench. Justice Alexander, who is the State's longest serving jurist, first became a District Court judge in 1978 and was appointed to the Maine Superior Court in 1980 and the Supreme Judicial Court in 1988. His book, Maine Jury Instruction Manual, which was first published in 1985 and has gone through many editions, has had and will continue to have an enduring effect on Maine law. We extend our appreciation and best wishes;
(HLS 828) Presented by Representative BAILEY of Saco. Cosponsored by Senator BELLOWS of Kennebec, Senator CARPENTER of Aroostook, Representative HICKMAN of Winthrop, Representative WARREN of Hallowell.
(5-9) Arthur "Bennie" Benedetto, a lifelong resident of Jay, who has received the Boston Post Cane, an honor given to the oldest citizen of a municipality. We extend our congratulations and best wishes;
(HLS 829) Presented by Representative RILEY of Jay. Cosponsored by Senator BLACK of Franklin.
(5-10) Maple Moose, in Easton, operated by C.J. and Jodi King and family, which has been named the Maine Maple Syrup Producer of the Year by the Maine Maple Producers Association. We extend our congratulations and best wishes;
(HLS 830) Presented by Representative McCREA of Fort Fairfield. Cosponsored by Senator CARPENTER of Aroostook.
(5-11) Donald Katlin, of Gilead, who is retiring from the Bethel Water District after nearly 43 years of public service. Mr. Katlin held the positions of assistant superintendent and superintendent during his career. We extend our congratulations and best wishes;
(HLS 831) Presented by Representative HEAD of Bethel. Cosponsored by Senator KEIM of Oxford.
(5-12) the Town of Oakland, which has received the Community Service Project of the Year Award from the Mid-Maine Chamber of Commerce. We extend our congratulations and best wishes;
(HLS 832) Presented by Representative PERKINS of Oakland. Cosponsored by Senator POULIOT of Kennebec, Representative MADIGAN of Waterville.
In Memory of: (5-13) Timothy P. Dale, of Augusta. Mr. Dale was a veteran of the United States Air Force, having served as a fuel specialist from 1967 to 1971. He was employed by Kirschner's for over 30 years and later by the United States Department of Veterans Affairs hospital at Togus, retiring in March 2019. Mr. Dale will be long remembered and sadly missed by his wife of 50 years, Jeanne, his family and his friends;
(SLS 1024)
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Refer to the Committee on State and Local Government
(6-1) Representative BAILEY for the Joint Standing Committee on Judiciary on Bill "An Act To Implement the Recommendations of the Right To Know Advisory Committee Concerning Membership of the Archives Advisory Board" (H.P. 1496) (L.D. 2101)
Reporting that it be REFERRED to the Committee on STATE AND LOCAL GOVERNMENT pursuant to the Maine Revised Statutes, Title 1, section 411, subsection 6, paragraph G.
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Refer to the Committee on Judiciary
(6-2) Representative BAILEY for the Joint Standing Committee on Judiciary on Bill "An Act To Implement the Recommendations of the Right To Know Advisory Committee" (H.P. 1497) (L.D. 2102)
Reporting that it be REFERRED to the Committee on JUDICIARY pursuant to the Maine Revised Statutes, Title 1, section 411, subsection 6, paragraph G.
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Refer to the Committee on Judiciary
(6-3) Representative BAILEY for the Joint Standing Committee on Judiciary on Bill "An Act To Implement the Recommendations of the Right To Know Advisory Committee Regarding Public Records Exceptions" (H.P. 1498) (L.D. 2103)
Reporting that it be REFERRED to the Committee on JUDICIARY pursuant to the Maine Revised Statutes, Title 1, section 411, subsection 6, paragraph G.
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Divided Report (6-4) Majority Report of the Committee on VETERANS AND LEGAL AFFAIRS reporting Ought to Pass as Amended by Committee Amendment "A" (S-377) on Bill "An Act To Clarify the Financial Reporting Responsibilities of Political Action Committees and Ballot Question Committees" (S.P. 641) (L.D. 1869) Signed: Senators: Representatives: Minority Report of the same Committee reporting Ought Not to Pass on same Bill.
Signed: Representatives: Comes from the Senate with the Majority OUGHT TO PASS AS AMENDED Report READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (S-377).
_________________________________ (6-5) Majority Report of the Committee on VETERANS AND LEGAL AFFAIRS reporting Ought to Pass as Amended by Committee Amendment "A" (S-376) on Bill "An Act To Modify the Financial Disclosure Requirements for a Governor-elect" (S.P. 643) (L.D. 1871) Signed: Senators: Representatives: Minority Report of the same Committee reporting Ought Not to Pass on same Bill.
Signed: Representative: Comes from the Senate with the Majority OUGHT TO PASS AS AMENDED Report READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (S-376).
_________________________________ (6-6) Majority Report of the Committee on JUDICIARYreporting Ought to Pass on Bill "An Act To Correct the Maine Revised Unclaimed Property Act To Reflect Recent Changes" (EMERGENCY) (H.P. 1335) (L.D. 1864) Signed: Senators: Representatives: Minority Report of the same Committee reporting Ought Not to Pass on same Bill.
Signed: Representative: _________________________________ CONSENT CALENDAR
First Day
In accordance with House Rule 519, the following items appeared on the Consent Calendar for the First Day: (7-1) (S.P. 674) (L.D. 1972) Bill "An Act To Increase Access to and Reduce the Cost of Epinephrine Autoinjectors by Amending the Definition of 'Epinephrine Autoinjector'" Committee on HEALTH COVERAGE, INSURANCE AND FINANCIAL SERVICES reporting Ought to Pass as Amended by Committee Amendment "A" (S-379) (7-2) (S.P. 719) (L.D. 2029) Bill "An Act To Make March Maine Childhood Cancer Awareness Month" Committee on STATE AND LOCAL GOVERNMENT reporting Ought to Pass as Amended by Committee Amendment "A" (S-378) (7-3) (H.P. 1439) (L.D. 2018) Bill "An Act To Require That Parking Lots for State Agencies Meet the Standards Set Forth in the Federal Americans with Disabilities Act of 1990" (EMERGENCY) Committee on STATE AND LOCAL GOVERNMENTreporting Ought to Pass (7-4) (H.P. 1332) (L.D. 1861) Bill "An Act To Make Allocations from Maine Turnpike Authority Funds for the Maine Turnpike Authority for the Calendar Year Ending December 31, 2021" Committee on TRANSPORTATION reporting Ought to Pass as Amended by Committee Amendment "A" (H-673) (7-5) (H.P. 1336) (L.D. 1865) Bill "An Act To Amend the Protection from Abuse Laws Concerning Consent Agreements" Committee on JUDICIARY reporting Ought to Pass as Amended by Committee Amendment "A" (H-674) (7-6) (H.P. 1348) (L.D. 1882) Bill "An Act To Provide Noncommercial Lobster and Crab Fishing Licenses and Scallop Licenses to Disabled Veterans at No Cost" Committee on MARINE RESOURCES reporting Ought to Pass as Amended by Committee Amendment "A" (H-672)
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Emergency Measure
(10-1) An Act To Amend the Laws Governing Recounts in Municipal Elections (S.P. 691) (L.D. 1989)
Reported by the Committee on Engrossed Bills as truly and strictly engrossed. This being an emergency measure, a two-thirds vote of all the members elected to the House necessary.
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Resolves (10-2) Resolve, Directing the Maine Human Rights Commission To Implement a Pilot Program To Investigate and Report on Incidents of Harassment Due to Housing Status, Lack of Employment and Other Issues (H.P. 937) (L.D. 1294)
Reported by the Committee on Engrossed Bills as truly and strictly engrossed.
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ORDERS OF THE DAY HOUSE CALENDAR
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. RESOLUTION, Proposing an Amendment to the Constitution of Maine To Explicitly Prohibit Discrimination Based on the Sex of an Individual (H.P. 342) (L.D. 433)
- CARRIED OVER to any special or regular sessions, or both, of the 129th Legislature, pursuant to Joint Order H.P. 1322 on June 20, 2019. TABLED - May 28, 2019 (Till Later Today) by Representative FECTEAU of Biddeford. PENDING - FINAL PASSAGE.
2. RESOLUTION, Proposing an Amendment to the Constitution of Maine To Establish a Right to Food (H.P. 583) (L.D. 795)
- CARRIED OVER to any special or regular sessions, or both, of the 129th Legislature, pursuant to Joint Order H.P. 1322 on June 20, 2019. TABLED - June 17, 2019 (Till Later Today) by Representative MOONEN of Portland. PENDING - FINAL PASSAGE.
3. Joint Order To Recall L.D. 852 from the Legislative Files to the House (H.P. 1420)
TABLED - January 8, 2020 (Till Later Today) by Representative MOONEN of Portland. PENDING - PASSAGE (2/3 Vote Required).
4. Resolve, To Direct the Department of Health and Human Services To Amend Its Rules for Eligibility for Community Support Services (H.P. 580) (L.D. 775)
TABLED - January 14, 2020 (Till Later Today) by Representative GRAMLICH of Old Orchard Beach. PENDING - Motion of same Representative to SUSPEND THE RULES for the purpose of RECONSIDERATION.
5. An Act To Increase Protections for Land Installment Contracts (H.P. 1039) (L.D. 1426)
TABLED - January 14, 2020 (Till Later Today) by Representative HARNETT of Gardiner. PENDING - Motion of same Representative to SUSPEND THE RULES for the purpose of RECONSIDERATION.
6. An Act To Create Jobs and Slow Climate Change by Promoting the Production of Natural Resources Bioproducts (H.P. 1213) (L.D. 1698)
TABLED - January 14, 2020 (Till Later Today) by Representative FECTEAU of Biddeford. PENDING - Motion of same Representative to SUSPEND THE RULES for the purpose of RECONSIDERATION.
7. An Act To Improve Public Safety through Coordinated Reentry of Prisoners into the Community (H.P. 1250) (L.D. 1756)
TABLED - January 14, 2020 (Till Later Today) by Representative TALBOT ROSS of Portland. PENDING - Motion of same Representative to SUSPEND THE RULES for the purpose of RECONSIDERATION.
8. Expression of Legislative Sentiment Recognizing the Town of Winter Harbor (HLS 820)
TABLED - February 4, 2020 (Till Later Today) by Representative FAULKINGHAM of Winter Harbor. PENDING - PASSAGE.
9. Expression of Legislative Sentiment Recognizing the Monmouth Academy Cheerleading Team (HLS 819)
TABLED - February 4, 2020 (Till Later Today) by Representative ACKLEY of Monmouth. PENDING - PASSAGE.
10. JOINT RESOLUTION MAKING APPLICATION TO THE CONGRESS OF THE UNITED STATES CALLING A CONSTITUTIONAL CONVENTION TO PROPOSE A BALANCED BUDGET AMENDMENT (H.P. 1490)
TABLED - February 4, 2020 (Till Later Today) by Representative DILLINGHAM of Oxford. PENDING - ADOPTION (2/3 Vote Required).
11. Expression of Legislative Sentiment in Memory of Claude Thomas, of Unity (HLS 825)
TABLED - February 6, 2020 (Till Later Today) by Representative KINNEY of Knox. PENDING - ADOPTION.
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STATUTORY ADJOURNMENT DATE April 15, 2020
State of Maine http://legislature.maine.gov/HouseCalendar House Supplement No. 1
(1-1) Bill "An Act To Require Third-party Certification for Persons Undertaking Corrosion Prevention and Mitigation Projects for Public Water Supply and Wastewater Infrastructure and Bridges" (S.P. 749) (L.D. 2100)
Comes from the Senate, REFERRED to the Committee on TRANSPORTATION and ordered printed.
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