House Calendar - January 16, 2020

3rd Legislative Day

Thursday, January 16, 2020

Calling of the House to Order by the Speaker.

Prayer by Honorable Betty A. Austin, Skowhegan.

National Anthem by Nick Sutton, South Portland High School.

Pledge of Allegiance.

Doctor of the day, Stephanie Corriveau, D.O., Manchester.

Reading of the Journal of Tuesday, January 14, 2020.

_________________________________

SENATE PAPERS

(1-1) Resolve, Directing the Department of Public Safety To Conduct a Study To Develop Best Practices for Improving the Security of Municipal Properties

(S.P. 684) (L.D. 1982)

Comes from the Senate, REFERRED to the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY and ordered printed.

_________________________________

COMMUNICATIONS

(2-1) The Following Communication: (H.C. 270)

STATE OF MAINE

129TH MAINE LEGISLATURE

December 20, 2019

Honorable Janet T. Mills

Governor

#1 State House Station

Augusta, Maine 04333

Dear Governor Mills:

On behalf of the 129th Maine Legislature, we would like to invite you to deliver your State of the State Address. At your direction, we will call for a Joint Convention of the Legislature on Tuesday, January 21, 2020, at 7:00 p.m.

We look forward to coordinating any details necessary to see that your Address is received by the Legislature.

Sincerely,

S/Troy D. Jackson

President of the Senate

S/Sara Gideon

Speaker of the House

_________________________________

(2-2) The Following Communication: (H.C. 271)

STATE OF MAINE

ONE HUNDRED AND TWENTY-NINTH LEGISLATURE

COMMITTEE ON CRIMINAL JUSTICE AND PUBLIC SAFETY

January 13, 2020

The Honorable Troy D. Jackson, President

Maine State Senate

The Honorable Sara Gideon, Speaker

Maine House of Representatives

State House

Augusta, Maine 04333

Dear President Jackson and Speaker Gideon:

Pursuant to H.P. 1277, the Joint Standing Committee on Criminal Justice and Public Safety is pleased to submit its final report on the Stabilization of Funding for the County Jails and the Regional Jail. Copies of the full report have been distributed to committees or individuals as directed by law and copies have been placed on file with the Law and Legislative Reference Library. Others may access the full report online through the website of the Office of Policy and Legal Analysis athttp://legislature.maine.gov/opla.

Sincerely,

S/Susan A. Deschambault

Senate Chair

S/Charlotte Warren

House Chair

_________________________________

(2-3) The Following Communication: (S.C. 810)

MAINE SENATE

129TH LEGISLATURE

OFFICE OF THE SECRETARY

January 14, 2020

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 nomination:

Upon the recommendation of the Committee on Agriculture, Conservation and Forestry, Lee Smith of Albany Township for appointment to the Maine Land Use Planning Commission.

Best Regards,

S/Darek M. Grant

Secretary of the Senate

_________________________________

PETITIONS, BILLS AND RESOLVES REQUIRING REFERENCE

(3-1) Resolve, Authorizing Certain Land Transactions by the Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands

(H.P. 1459) (L.D. 2048)

Sponsored by Representative HICKMAN of Winthrop.

Submitted by the Department of Agriculture, Conservation and Forestry and approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 205.

Committee on AGRICULTURE, CONSERVATION AND FORESTRYsuggested and ordered printed.

_________________________________

(3-2) Resolve, To Allow the Department of Public Safety To Transfer Certain Property to the LifeFlight Foundation

(H.P. 1453) (L.D. 2042)

Sponsored by Representative WARREN of Hallowell.

Submitted by the Department of Public Safety pursuant to Joint Rule 203.

(3-3) Bill "An Act To Reclassify Certain Offenses under the Inland Fisheries and Wildlife Laws and Motor Vehicle Laws and Increase the Efficiency of the Criminal Justice System"

(H.P. 1454) (L.D. 2043)

Sponsored by Representative WARREN of Hallowell.

Cosponsored by Senator DESCHAMBAULT of York and Representatives: BEEBE-CENTER of Rockland, COREY of Windham, COSTAIN of Plymouth, DUNPHY of Old Town, EVANGELOS of Friendship, MORALES of South Portland, PICKETT of Dixfield, RECKITT of South Portland.

Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 203.

(3-4) Bill "An Act To Increase the Death Benefit for Firefighters, Law Enforcement Officers and Emergency Medical Services Personnel"

(H.P. 1455) (L.D. 2044)

Sponsored by Representative ACKLEY of Monmouth.

Cosponsored by Representatives: DOUDERA of Camden, HARRINGTON of Sanford, HEPLER of Woolwich, HIGGINS of Dover-Foxcroft, MAREAN of Hollis, NEWELL of the Passamaquoddy Tribe, PEBWORTH of Blue Hill, RISEMAN of Harrison.

Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 203.

Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY suggested and ordered printed.

_________________________________

(3-5) Bill "An Act Regarding Immunizations" (EMERGENCY)

(H.P. 1457) (L.D. 2046)

Sponsored by Representative TIPPING of Orono.

Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 203.

Committee on EDUCATION AND CULTURAL AFFAIRS suggested and ordered printed.

_________________________________

(3-6) Bill "An Act To Ensure the Safety of State Employees by Allowing Disclosure of Certain Information in Limited Circumstances"

(H.P. 1449) (L.D. 2038)

Sponsored by Representative MADIGAN of Waterville.

Submitted by the Department of Health and Human Services pursuant to Joint Rule 203.

(3-7) Bill "An Act To Provide for Judicial Review in Compliance with the Federal Legislation Known as the Family First Prevention Services Act"

(H.P. 1450) (L.D. 2039)

Sponsored by Representative MADIGAN of Waterville.

Submitted by the Department of Health and Human Services pursuant to Joint Rule 203.

(3-8) Bill "An Act To Eliminate the Requirement That Municipalities Retain Paper Copies of Certain Vital Statistics Records"

(H.P. 1451) (L.D. 2040)

Sponsored by Representative BAILEY of Saco.

Submitted by the Department of Health and Human Services pursuant to Joint Rule 203.

(3-9) Bill "An Act To Allow Access to and Ensure the Confidentiality of Records of Child Advocacy Centers"

(H.P. 1452) (L.D. 2041)

Sponsored by Representative BAILEY of Saco.

Submitted by the Department of Health and Human Services pursuant to Joint Rule 203.

(3-10) Resolve, To Create the Frequent Users System Engagement Collaborative

(H.P. 1460) (L.D. 2056)

Sponsored by Representative MORALES of South Portland.

Cosponsored by Senator SANBORN, L. of Cumberland and Representatives: FECTEAU of Biddeford, GATTINE of Westbrook, RECKITT of South Portland, STEWART of Presque Isle, WARREN of Hallowell.

Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 203.

(3-11) Bill "An Act To Ensure an Efficient Contracting Process for the Department of Health and Human Services"

(H.P. 1461) (L.D. 2057)

Sponsored by Representative HYMANSON of York.

Submitted by the Department of Health and Human Services pursuant to Joint Rule 203.

(3-12) Bill "An Act To Strengthen Protections for Incapacitated and Dependent Adults from Abuse, Neglect and Exploitation"

(H.P. 1462) (L.D. 2058)

Sponsored by Representative HYMANSON of York.

Submitted by the Department of Health and Human Services pursuant to Joint Rule 203.

(3-13) Bill "An Act To Clarify the Provision for Care of Infants after Birth"

(H.P. 1463) (L.D. 2059)

Sponsored by Representative HYMANSON of York.

Submitted by the Department of Health and Human Services pursuant to Joint Rule 203.

Committee on HEALTH AND HUMAN SERVICES suggested and ordered printed.

_________________________________

(3-14) Bill "An Act Relating to the Valuation of Certain Retail Property"

(H.P. 1456) (L.D. 2045)

Sponsored by Representative TIPPING of Orono.

Cosponsored by President JACKSON of Aroostook and Representatives: CARDONE of Bangor, DAUGHTRY of Brunswick, GROHOSKI of Ellsworth, HEPLER of Woolwich, MASTRACCIO of Sanford, TEPLER of Topsham, Senator: LIBBY of Androscoggin.

Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 203.

(3-15) Bill "An Act To Amend the State Tax Laws"

(H.P. 1458) (L.D. 2047)

Sponsored by Representative TIPPING of Orono.

Submitted by the Department of Administrative and Financial Services pursuant to Joint Rule 203.

Committee on TAXATION suggested and ordered printed.

_________________________________

ORDERS

(4-1) On motion of Representative CARNEY of Cape Elizabeth, the following Joint Resolution: (H.P. 1448) (Cosponsored by Senator CLAXTON of Androscoggin and Representatives: ALLEY of Beals, AUSTIN of Skowhegan, BABINE of Scarborough, BEEBE-CENTER of Rockland, BRENNAN of Portland, BROOKS of Lewiston, BRYANT of Windham, CAIAZZO of Scarborough, CARDONE of Bangor, CLOUTIER of Lewiston, COOPER of Yarmouth, CRAVEN of Lewiston, DODGE of Belfast, DOORE of Augusta, DOUDERA of Camden, DUNPHY of Old Town, FARNSWORTH of Portland, FAY of Raymond, FECTEAU of Biddeford, GRAMLICH of Old Orchard Beach, GROHOSKI of Ellsworth, HANDY of Lewiston, HARNETT of Gardiner, HEPLER of Woolwich, HOBBS of Wells, HYMANSON of York, INGWERSEN of Arundel, JORGENSEN of Portland, KORNFIELD of Bangor, MADIGAN of Waterville, MASTRACCIO of Sanford, McCREA of Fort Fairfield, McCREIGHT of Harpswell, McDONALD of Stonington, MELARAGNO of Auburn, MEYER of Eliot, MORALES of South Portland, MORIARTY of Cumberland, O'NEIL of Saco, PEBWORTH of Blue Hill, PERRY of Calais, RISEMAN of Harrison, ROBERTS of South Berwick, TALBOT ROSS of Portland, TEPLER of Topsham, TUCKER of Brunswick, WHITE of Waterville, Senators: CARSON of Cumberland, GRATWICK of Penobscot, MILLETT of Cumberland)

JOINT RESOLUTION SUPPORTING THE MAINE COMPLETE COUNT COMMITTEE AND COORDINATION OF EFFORTS TO REDUCE THE UNDERCOUNT OF MAINE RESIDENTS IN THE 2020 FEDERAL DECENNIAL CENSUS

WHEREAS, Article I, Section 2 of the United States Constitution requires an enumeration of the population every 10 years to apportion congressional representation among the states;and

WHEREAS, pursuant to 13 United States Code, Section 141, the next Federal Decennial Census of the population will be taken beginning April 1, 2020 and concluding on July 31, 2020; and

WHEREAS, data derived from the census determines how approximately $800 billion in federal spending to support education, transportation, publicly funded health care, law enforcement and other important public services is allocated among the states;and

WHEREAS, a complete and accurate count of Maine's population is essential because the census count determines congressional representation and state redistricting and also determines federal formula grant allocations for Medicaid, the Children's Health Insurance Program, Title IV-E foster care, Title IV-E adoption assistance and the Child Care and Development Fund for an entire decade until the next Federal Decennial Census is taken;and

WHEREAS, Maine's fiscal loss in programs guided by Federal Medical Assistance Percentages was $16,420 per person missed in the 2010 census over the 10-year census cycle; and

WHEREAS, the United States Department of Commerce, Bureau of the Census acknowledges the long-standing undercount of young children in the Federal Decennial Census and has spent years researching children who were missed in the 2010 census and creating resources in an attempt to reduce this undercount in the 2020 census;and

WHEREAS, it is vitally important to ensure that every Maine resident is counted in the 2020 census and that Maine gets its fair share of federal funds; and

WHEREAS, the Governor has, by Executive Order 12 FY 19/20, created the Maine Complete Count Committee, which, using the knowledge and expertise of Maine's administrative agencies, will develop and coordinate a census outreach program to increase awareness about the 2020 census and motivate residents in the community to respond;and

WHEREAS, such complete count committees have also been established by Maine's tribal and local governments and community organizations, faith-based groups, schools, libraries, businesses, the media and others, which will play a key role in educating and motivating residents to participate in the 2020 census; now, therefore, be it

RESOLVED: That We, the Members of the One Hundred and Twenty-ninth Legislature now assembled in the Second Regular Session, on behalf of the people we represent, take this opportunity to support the Maine Complete Count Committee and Maine's tribal, county and municipal governments in the work to develop, recommend and assist in the administration of a census outreach strategy to encourage full participation in the 2020 Federal Decennial Census; and be it further

RESOLVED: That We also support the development of additional outreach programs and partnerships with nonprofit and community organizations, faith-based groups, schools, libraries, businesses, the media and others to encourage full participation in the 2020 Federal Decennial Census, including a multilingual, multimedia campaign designed to ensure an accurate and complete count of Maine's population.

_________________________________

(4-2) On motion of Representative FARNSWORTH of Portland, the following House Order: (H.O. 39)

ORDERED, that Representative Victoria Foley of Biddeford be excused January 8 for personal reasons.

_________________________________

SPECIAL SENTIMENT CALENDAR

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

Recognizing:

(5-1) Elizabeth Breault, of St. Albans, for her 30 years of service as Librarian of the Abbott Memorial Library. We extend our appreciation and best wishes;

(SLS 951)

(5-2) Patricia Thurston, of Rumford, who has been named Rumford's Citizen of the Year. We extend our congratulations and best wishes;

(SLS 952)

(5-3) Cole Farms, a restaurant in Gray owned and operated by Brad Pollard and his family, which is celebrating 68 years of business. We extend our congratulations and best wishes;

(HLS 781)

Presented by Representative AUSTIN of Gray.

Cosponsored by Senator BREEN of Cumberland, Senator DIAMOND of Cumberland, Representative MORIARTY of Cumberland, Representative ARATA of New Gloucester.

(5-4) Larry Gardner, of Fort Fairfield, coach of the Fort Fairfield Middle/High School basketball team, who has recently achieved his 400th coaching victory. Mr. Gardner has coached basketball for over 30 years. We extend our congratulations and best wishes;

(HLS 782)

Presented by Representative McCREA of Fort Fairfield.

Cosponsored by Senator CARPENTER of Aroostook.

In Memory of:

(5-5) Janet "Janie" Shepard Vogt, of Bethel. Mrs. Vogt managed Shepard's Camps on Lake Pennesseewassee with her mother and sister for many years. She gardened in the English cottage style, and her gardens were featured in local and national publications. Mrs. Vogt will be long remembered and sadly missed by her husband of 68 years, Frank, her family and her friends;

(HLS 783)

Presented by Representative HEAD of Bethel.

Cosponsored by Senator KEIM of Oxford.

_________________________________

ORDERS OF THE DAY

HOUSE CALENDAR
THURSDAY, JANUARY 16, 2020

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. 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)
(C. "A" H-230)

- 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)
(C. "A" H-430; H. "A" H-541)

- 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. An Act To Facilitate Fair Ballot Representation for All Candidates

(H.P. 374) (L.D. 517)
(C. "A" H-164)

TABLED - January 14, 2020 (Till Later Today) by Representative MOONEN of Portland.

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

5. An Act Regarding the Penobscot Nation's and Passamaquoddy Tribe's Authority To Exercise Jurisdiction under the Federal Tribal Law and Order Act of 2010 and the Federal Violence Against Women Reauthorization Act of 2013

(H.P. 571) (L.D. 766)
(H. "A" H-655 to C. "A" H-648)

TABLED - January 14, 2020 (Till Later Today) by Representative TALBOT ROSS of Portland.