One Hundred and Twenty-Eighth Legislature

First Special Session

 

Advance Journal and Calendar


Michael D. Thibodeau
Senate President

 

 

 

 

http://legislature.maine.gov/senate


Heather J.R. Priest

Secretary of the Senate

 

2nd Legislative Day

 

In Senate Chamber, Monday, November 6, 2017.

 

Senate called to Order by President Michael D. Thibodeau of Waldo County.

 

Prayer by Senator Nathan L. Libby of Androscoggin.

 

Pledge of Allegiance led by Senator Troy D. Jackson of Aroostook County.

 

Reading of the Journal of Monday, October 23, 2017.

 

 

 

_________________________________

 

 


 

COMMUNICATIONS

 

(2-1)  The Following Communication:

S.C. 695

 

STATE OF MAINE

128TH LEGISLATURE

HOUSE OF REPRESENTATIVES

SPEAKER’S OFFICE

October 26, 2017

 

Honorable Heather J. R. Priest

Secretary of the Senate

3 State House Station

Augusta, ME 04333

 

Dear Secretary Priest,

 

Pursuant to my authority under Public Law 2017, Chapter 25, I am pleased to appoint the following legislators and members of the public to serve on the Maine Bicentennial Commission, effective October 26, 2017:

 

Representative James Handy of Lewiston as a member of the House of Representatives and House Chair

 

Representative David Haggan of Hampden as a member of the House of Representatives

 

David Cheever of Augusta, Maine State Archivist, as a representative of a statewide museum organization promoting the state’s historic and natural heritage

 

Hayden Anderson of Portland, Executive Director of the Maine Humanities Council, as a representative of a statewide humanities organization that uses humanities as a tool for positive change in the state’s communities

 

Julie Richard of Augusta, Executive Director of the Maine Arts Commission, as a representative of a statewide organization that promotes arts and culture in the state

 

Esther Anne of Stillwater, Co-Director of Maine Wabanaki-REACH, as a representative of a statewide organization that promotes the heritage and history of the state

 

Jamie Ritter of Augusta, Maine State Librarian, as a representative of a statewide organization that promotes and enhances the value of state libraries

 

Jason Libby of Augusta, Vice Chairman of the Maine Historic Preservation Commission, as a representative of a statewide organization that promotes historical preservation

 

If you have any questions, please don’t hesitate to contact my office.

 

Sincerely,

 

S/Sara Gideon

Speaker of the House

_________________________________

 

 

(2-2)  The Following Communication:

S.C. 696

 

STATE OF MAINE

128TH LEGISLATURE

HOUSE OF REPRESENTATIVES

SPEAKER’S OFFICE

 

October 30, 2017

 

Honorable Heather J. R. Priest

Secretary of the Senate

3 State House Station

Augusta, ME 04333

 

Dear Secretary Priest,

 

Pursuant to my authority under Public Law 2017, Chapter 25, I am pleased to appoint the following members of the public to serve on the Maine Bicentennial Commission, effective October 30, 2017:

 

Esther Anne of Stillwater, Co-Director of Maine Wabanaki-REACH, as the Speaker’s designee

 

Steve Bromage of Portland, Executive Director of the Maine Historical Society, as a representative of a statewide organization that promotes the heritage and history of the state

 

If you have any questions, please don’t hesitate to contact my office.

 

Sincerely,

 

S/Sara Gideon

Speaker of the House

 

 

_________________________________

 

 

 


 

(2-3)  The Following Communication:

S.C. 697

 

MAINE HEALTH AND HIGHER

EDUCATIONAL FACILITIES AUTHORITY

AUGUSTA, ME

 

October 31, 2017

 

The Honorable Michael Thibodeau President of the Maine Senate

3 State House Station

Augusta, ME 04333-0003

 

Dear President Thibodeau:

 

Pursuant to M.R.S.A. Title 22, Chapter 413, Section 2069, on behalf of the Board and staff of the Maine Health and Higher Educational Facilities Authority, I am pleased to provide you with our Fiscal Year 2017 Annual Report.

 

The Maine Health and Higher Educational Facilities Authority was established by the legislature in 1972. Since its inception, the Authority has issued in excess of $5 billion to meet the capital needs of Maine's healthcare and higher educational institutions.

 

During fiscal year 2017, the Authority issued $227,170,000 under its general tax exempt conduit resolution and S39,000,000 under its moral obligation reserve fund resolution. These sales were accomplished in 5 series for 2 colleges, 12 hospitals and 2 nursing homes.

 

In addition, Pursuant to M.R.S.A Title 22, Chapter 413, Section 2075, paragraph 1C, the Authority certifies that our reserve fund investments exceed the reserve fund requirement at June 30, 2017.

 

We are proud of our accomplishments and look forward to continuing our commitment of providing the lowest cost financing to the community we serve.

 

Sincerely,

 

S/Michael R. Goodwin, Executive Director

 

 

 

 

_________________________________

 


 

(2-4)  The Following Communication:

S.C. 698

 

STATE OF MAINE

OFFICE OF TAX POLICY

MAINE REVENUE SERVICES

24 STATE HOUSE STATION

AUGUSTA, MAINE

November 1, 2017

 

Senate President Thibodeau

Speaker of the House Gideon

Members of the 128th Maine Legislature:

 

Pursuant to 5 M.R.S.A. §13070-J, Maine Revenue Services (MRS) is required to submit a report to the Legislature identifying the revenue foregone as the result of the Jobs and Investment Tax Credit ("JITC"), the Research Expense Tax Credit ("R&D"), the Seed Capital Investment Tax Credit, the Shipbuilding Facility Credit, the Credit for Maine Fishery Infrastructure Investment, and public funds spent on the Business Equipment Tax Reimbursement ("BETR") program. Attached are three reports that provide you with this information.

 

The First attachment shows the number of individual and corporate JITC, R&D, and Seed Capital credits for tax year 2015, as well as the value of those credits. Tax year 2015 is the last year for which we have full information on both corporate and individual filers. Statutes governing the release of confidential taxpayer information prevent us from reporting the names of the corporations or individuals that benefited from these tax credits. No taxpayer took advantage of the Credit for Maine Fishery Infrastructure Investment in tax year 2015.

 

The second attachment explains the Shipbuilding Facility credit. As required by statute, the report provides information on the level of employment, yearly investment and the cumulative amount of investment. Since the inception of the credit, the level of employment has been such that the annual cost to the state treasury has been at least $3 million per year.

 

The third attachment is a list of BETR recipients. For purposes of this report, businesses that filed for reimbursement during the fiscal year ending June 30, 2017 are listed. Recipients filed between August 1, 2016 and December 31, 2016 for eligible property taxes paid during calendar year 2015. For that period the state reimbursed $31,787,742 to 1,430 companies.

 

Public Law 2017, chapter 211 (LD 1551) repealed the requirement that MRS issue this annual report. In the future the information included in this report will be found in the biennial Tax Expenditure report issued in February of each odd-numbered year.

 

If you have any questions on this report, please do not hesitate to contact me.

 

Sincerely,

 

S/Michael J. Allen

 

_________________________________

 

 

(2-5)  The Following Communication:

S.C. 699

MAINE HUMAN RIGHTS COMMISSION

#51 STATE HOUSE STATION

AUGUSTA, ME

October 25, 2017

The Honorable Paul LePage, Governor

The Honorable Michael D. Thibodeau, President of the Maine Senate

The Honorable Sara Gideon, Speaker of the Maine House of Representatives

State House, Augusta, Maine 04333

 

Dear Governor LePage, President Thibodeau and Speaker Gideon:

 

On behalf of the Commissioners and staff of the Maine Human Rights Commission ("Commission"), we are pleased to present you with the 2017 Annual Report of the Commission. As you will see from the following, the Commission continues to uphold its statutory charge to enforce Maine's anti-discrimination laws. A few highlights are as follows:

 

·         The number of new complaints filed in Fiscal Year 2017 increased by 12.4% from the year (from 611 to 687).

·         Of new complaints filed, 69.4% were based on employment, 14.8% were based on housing, 15.1% were based on public accommodations, and 0.7% were based on education.

 

·         With respect to type of allegation, disability discrimination represented 28.4% of complaints filed (an increase from last year's 25.2%). Retaliation complaints increased from 19.1% to 26.8% of complaints filed, with whistleblower retaliation complaints decreasing from 18.9% to 9.5%. Sex discrimination complaints decreased from 15.1% to 14.1%; sexual harassment is alleged in 39% of sex discrimination complaints. Race/color/national origin/ancestry complaints constituted 10.5% of complaints filed, an increase from 9.6% last year.   Age complaints comprised 7.6%, and sexual orientation complaints were 1.1%, of complaints filed.

 

·         Of the 228 cases in which Commission staff completed Investigator's Reports, 70.6% (161 cases) were uncontested. Commissioners heard argument in 67 of the 228 cases.

 

·         In 31 of the 228 cases determined by the Commission after an Investigator's Report, the Commissioners found "reasonable grounds" to believe discrimination occurred, a rate of 13.6% (an increase from the prior year's 11.2%). In these 228 cases decided by Commissioners, there were 1697 distinct claims of discrimination made; of these claims, Commissioners found "reasonable grounds" in 150 claims. The reasonable grounds rate for Commission claims was 8.8%.

 

·         At the end of FY 2017, 798 cases remained pending, a 9.9% increase in pending cases from the prior year.

 

·         Commission staff delivered or participated in or delivered more than 38 training forums during FY 2017.

 

The Commission continues to promote diversity and tolerance, and to work to eliminate unlawful discrimination for all citizens of and visitors to Maine. We hope this report is of assistance, as our agency seeks to work closely with the Executive and Legislative branches as we jointly assure the citizens of Maine the protections afforded under the Maine Human Rights Act.

 

Sincerely,

S/Arnold Clark, Chairman of Maine Human Rights Commission

_________________________________

 

ORDERS

 

Senate Resolution

 

 

(4-1)  On motion by Senator SAVIELLO of Franklin, the following Senate Resolution:

S.R. 1

 

STATE OF MAINE

_____

IN THE YEAR OF OUR LORD

Two Thousand and Seventeen

_____

SENATE RESOLUTION, RECOGNIZING THE FIRST ANNUAL FIRST-GENERATION COLLEGE CELEBRATION

WHEREAS, the concept of "first-generation college student," meaning a person neither of whose parents completed a baccalaureate degree, was introduced into federal policy by the TRIO community in 1980, in the federal Education Amendments of 1980, which amended the federal Higher Education Act of 1965; and

WHEREAS, "TRIO" refers to the federally funded programs, originally 3, now 8, increasing access to higher education for economically disadvantaged students; and

WHEREAS, even in 2017, campuses and communities are too often blind to the academic capabilities and gifts that lie dormant within so many first-generation college students; and

WHEREAS, TRIO educators continue to be called upon to highlight the return on investment our country receives from providing first-generation college students an opportunity to reach their full potential through college; and

WHEREAS, in response, the Council for Opportunity in Education, in partnership with the National Association of Student Personnel Administrators - Student Affairs Administrators in Higher Education and other higher education organizations, is asking college access and success professionals to join with TRIO's Ronald E. McNair Postbaccalaureate Achievement Program and Student Support Services projects across the country for the First Annual First-Generation College Celebration on November 8, 2017, which is the 52nd anniversary of the federal Higher Education Act of 1965; now, therefore, be it

RESOLVED: That We, the Members of the Senate of the One Hundred and Twenty-eighth Legislature now assembled in the First Special Session, on behalf of the people we represent, take this opportunity to recognize the First Annual First-Generation College Celebration and the valuable contributions of first-generation college students to our communities.

 

 

 

_________________________________

 

 


 

ORDERS OF THE DAY

 

 

SPECIAL APPROPRIATIONS TABLE

 


L.D. 8 - H.P. 9 (C "A" H-451)
L.D. 20 - H.P. 21 (C "A" H-39)
L.D. 27 - H.P. 28 (C "A" H-100)
L.D. 49 - H.P. 35 (C "A" H-497)
L.D. 59 - H.P. 46 (C "A" H-168)
L.D. 79 - S.P. 28 (C "A" S-27)
L.D. 85 - S.P. 34 (C "A" S-11)
L.D. 106 - H.P. 74 (C "A" H-245)
L.D. 111 - H.P. 79 (C “A” H-331/H “B” H-488)

L.D. 130 - S.P. 49 (C "A" S-9)
L.D. 170 - H.P. 126 (C "A" H-274)
L.D. 173 - H.P. 129 (C "A" H-121)
L.D. 174 - H.P. 130 (C "A" H-374)
L.D. 192 - H.P. 148 (C "A" H-177)
L.D. 197 - H.P. 153 (C "A" H-133)
L.D. 206 - H.P. 162 (C "A" H-196)
L.D. 230 - S.P. 76 (C "A" S-66)
L.D. 267 - H.P. 200 (C "A" H-21)
L.D. 285 - H.P. 218 (C "A" H-114)
L.D. 288 - H.P. 221 (C "A" H-242)
L.D. 289 - H.P. 222 (C "A" H-232)
L.D. 320 - S.P. 94 (C "A" S-199)
L.D. 323 - H.P. 237 (C "A" H-257)
L.D. 367 - H.P. 273 (C "A" H-493)
L.D. 377 - S.P. 118 (C "A" S-112)
L.D. 401 - H.P. 292 (C "A" H-109)
L.D. 423 - H.P. 303 (C "A" H-17; H "A" H-19)
L.D. 449 - S.P. 151 (C "A" S-79)
L.D. 503 - S.P. 164 (C "A" S-31)
L.D. 513 - S.P. 174 (C "B" S-119)
L.D. 524 - H.P. 368 (C "A" H-138)
L.D. 525 - H.P. 369 (C "A" H-139)
L.D. 526 - H.P. 370 (C “B” H-42/S “A” S-41)

L.D. 563 - H.P. 405 (C "A" H-72)
L.D. 643 - H.P. 457 (C "A" H-176)
L.D. 656 - S.P. 218 (C "A" S-43)
L.D. 681 - H.P. 472 (C "A" H-505)
L.D. 687 - H.P. 478 (C "A" H-382)
L.D. 720 - S.P. 237 (C "A" S-86)
L.D. 781 - H.P. 561 (C "A" H-416)
L.D. 792 - H.P. 572 (C "A" H-58)
L.D. 816 - S.P. 261 (C "A" S-150)
L.D. 843 - H.P. 592 (C "A" H-217)
L.D. 967 - H.P. 680 (C "A" H-342)
L.D. 990 - S.P. 329 (C “A” S-265/H “B” H-542)

L.D. 998 - H.P. 699 (C "A" H-296)
L.D. 1000 - H.P. 701 (C "A" H-295)
L.D. 1006 - H.P. 707 (C "A" H-210)
L.D. 1091 - H.P. 765 (C "A" H-361)
L.D. 1127 - H.P. 790 (C "A" H-376)
L.D. 1130 - H.P. 793 (C “A” H-469/H “A” H-537)

L.D. 1188 - H.P. 825 (C "A" H-330)
L.D. 1190 - H.P. 827 (C “A” H-532/H “A” H-532)

L.D. 1196 - H.P. 833 (C "A" H-236)
L.D. 1204 - H.P. 840 (C "A" H-494)
L.D. 1212 - S.P. 406 (C "A" S-180)
L.D. 1248 - H.P. 871 (C "A" H-144)
L.D. 1280 - S.P. 432 (C “A” S-153/S “B” S-297/S “D” S309)

L.D. 1286 - S.P. 438 (C "A" S-221)
L.D. 1287 - S.P. 439 (C "A" S-121)
L.D. 1301 - H.P. 898 (C "A" H-248)
L.D. 1308 - H.P. 905 (C "A" H-118)
L.D. 1314 - H.P. 911 (C "A" H-202)
L.D. 1317 - H.P. 914 (C "A" H-234)
L.D. 1321 - S.P. 450 (C "A" S-128)
L.D. 1322 - H.P. 916 (C "A" H-499)
L.D. 1343 - S.P. 457 (C "A" S-152)
L.D. 1388 - S.P. 475 (C "A" S-162)
L.D. 1391 - H.P. 965 (C "A" H-321)
L.D. 1399 - S.P. 477 (C "A" S-223)
L.D. 1407 - S.P. 485 (C "A" S-245)
L.D. 1429 - H.P. 983 (C "A" H-510)
L.D. 1433 - H.P. 988 (C "A" H-516)
L.D. 1466 - S.P. 512 (C “A” S-186/H “B” H-529)

L.D. 1485 - S.P. 515 (C "A" S-205)
L.D. 1490 - S.P. 519 (C "A" S-268)
L.D. 1494 - H.P. 1027 (C "A" H-396)
L.D. 1517 - H.P. 1041 (C "A" H-491)
L.D. 1554 - H.P. 1070 (C "A" H-365)
L.D. 1597 - S.P. 561 (C "A" S-183)


 

 

_________________________________

STATE OF MAINE

ONE HUNDRED AND TWENTY-EIGHTH LEGISLATURE

FIRST SPECIAL SESSION

SENATE ADVANCED JOURNAL AND CALENDAR

 

Monday, November 6, 2017

 

SUPPLEMENT NO. 1

 

 

 

COMMUNICATIONS

 

(2-1)  The Following Communication:

H.C. 347

 

MAINE SENATE

128TH LEGISLATURE

OFFICE OF THE SECRETARY

 

 

November 6, 2017

 

The Honorable Heather J.R. Priest

Secretary of the Senate

128th Maine Legislature

Augusta, Maine  04333

 

Dear Secretary Priest:

 

House Paper 1139, Legislative Document 1650, "An Act To Amend the Marijuana Legalization Act," 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 House proceeded to vote on the question:  "Shall this Bill become a law notwithstanding the objections of the Governor?"

 

74 voted in favor and 62 against, with 1 being excused, and accordingly it was the vote of the House that the Bill not become a law and the veto was sustained.

 

Sincerely,

 

S/Robert B. Hunt

Clerk of the House

 

 

_________________________________

 

 


 

STATE OF MAINE

ONE HUNDRED AND TWENTY-EIGHTH LEGISLATURE

FIRST SPECIAL SESSION

SENATE ADVANCED JOURNAL AND CALENDAR

 

Monday, November 6, 2017

 

SUPPLEMENT NO. 50

 

 

 

ORDERS

 

 

On motion by Senator MASON of Androscoggin, the following Senate Order:

S.O. 21

 

Ordered, that a message be sent to Governor Paul R. LePage informing him that the Senate has transacted all business before it and is ready to Adjourn Without Day.

 

 

 

 

_________________________________

 


 

On motion by Senator VOLK of Cumberland, the following Senate Order:

S.O. 22

 

Ordered, that a message be sent to the House of Representatives informing that Body that the Senate is ready to Adjourn Without Day.

 

 

 

 

_________________________________