Table of Contents

House Calendar
SENATE PAPERS
Non-Concurrent Matter
COMMUNICATIONS
SPECIAL SENTIMENT CALENDAR
Recognizing:
In Memory of:
REPORTS OF COMMITTEE
Ought to Pass as Amended
Divided Report
CONSENT CALENDAR
First Day
ENACTORS
Regular
Acts
Resolves
ORDERS OF THE DAY
UNFINISHED BUSINESS
SUPPLEMENT NO. 1
ENACTORS
Regular
Resolves
SUPPLEMENT NO. 3
SENATE PAPERS
Non-Concurrent Matter
SUPPLEMENT NO. 4
SENATE PAPERS
SUPPLEMENT NO. 5
COMMUNICATIONS
SUPPLEMENT NO. 6
SENATE PAPERS
SUPPLEMENT NO. 7
COMMUNICATIONS
SUPPLEMENT NO. 9
REPORTS OF COMMITTEE
Ought to Pass Pursuant to Joint Order
SUPPLEMENT NO. 10
SENATE PAPERS
Non-Concurrent Matter
SUPPLEMENT NO. 13
REPORTS OF COMMITTEE
Divided Report
SUPPLEMENT NO. 14
COMMUNICATIONS

 


Graphic of Maine State Seal

The House Calendar

The Advance Journal and Calendar of the House of Representatives

ONE HUNDRED AND TWENTY-EIGHTH MAINE LEGISLATURE
FIRST REGULAR SESSION


 

60th Legislative Day

Wednesday, June 21, 2017

 

            Calling of the House to Order by the Speaker.

 

            Prayer by Pastor Stan Griffin, Cornerstone Baptist Church of Exeter.

 

            National Anthem by Emma Dearborn, Corinth.

 

            Pledge of Allegiance.

 

            Reading of the Journal of yesterday.

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SENATE PAPERS

 

Non-Concurrent Matter

 

 

            (1-1)  Bill "An Act To Improve General Assistance Reimbursements"

(S.P. 363)  (L.D. 1109)

 

            Majority (7) OUGHT TO PASS AS AMENDED Report of the Committee on HEALTH AND HUMAN SERVICES READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (S-273) in the House on June 20, 2017.

 

            Comes from the Senate with that Body having INSISTED on its former action whereby the Minority (6) OUGHT NOT TO PASS Report of the Committee on HEALTH AND HUMAN SERVICES was READ and ACCEPTED in NON-CONCURRENCE.

 

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Non-Concurrent Matter

 

 

            (1-2)  Bill "An Act Concerning Private Personal Information of Public Employees and Licensed Individuals"

(H.P. 1126)  (L.D. 1633)

 

            Unanimous REFER TO THE COMMITTEE ON JUDICIARY pursuant to the Maine Revised Statutes, Title 1, section 411, subsection 6, paragraph G Report of the Committee on JUDICIARY READ and the Bill and accompanying papers INDEFINITELY POSTPONED in the House on June 20, 2017.

 

            Comes from the Senate with the Unanimous REFER TO THE COMMITTEE ON JUDICIARY pursuant to the Maine Revised Statutes, Title 1, section 411, subsection 6, paragraph G Report of the Committee on JUDICIARY READ and ACCEPTED and the Bill and accompanying papers REFERRED to the Committee on JUDICIARY in NON-CONCURRENCE.

 

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Non-Concurrent Matter

 

 

            (1-3)  Bill "An Act To Restrict Cash Access for Electronic Benefit Transfer Cards"

(H.P. 201)  (L.D. 268)

 

            Majority (7) OUGHT NOT TO PASS Report of the Committee on HEALTH AND HUMAN SERVICES READ and ACCEPTED in the House on June 19, 2017.

 

            Comes from the Senate with the Minority (6) OUGHT TO PASS AS AMENDED Report of the Committee on HEALTH AND HUMAN SERVICES READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-479) in NON-CONCURRENCE.

 

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Non-Concurrent Matter

 

 

            (1-4)  Bill "An Act To Facilitate Substance Abuse Treatment for Certain Applicants for and Recipients of Temporary Assistance for Needy Families Benefits"

(H.P. 1111)  (L.D. 1615)

 

            Majority (7) OUGHT NOT TO PASS Report of the Committee on HEALTH AND HUMAN SERVICES READ and ACCEPTED in the House on June 19, 2017.

 

            Comes from the Senate with the Minority (6) OUGHT TO PASS AS AMENDED Report of the Committee on HEALTH AND HUMAN SERVICES READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-476) in NON-CONCURRENCE.

 

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Non-Concurrent Matter

 

 

            (1-5)  Bill "An Act To Allow Attorneys Employed by the State To Perform Volunteer Legal Services"

(S.P. 225)  (L.D. 663)

 

            Minority (6) OUGHT NOT TO PASS Report of the Committee on JUDICIARY READ and ACCEPTED in the House on June 19, 2017.

 

            Comes from the Senate with that Body having INSISTED on its former action whereby the Majority (7) OUGHT TO PASS AS AMENDED Report of the Committee on JUDICIARY was READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (S-280) in NON-CONCURRENCE.

 

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Non-Concurrent Matter

 

 

            (1-6)  Bill "An Act To Require That Maine Welfare Benefits Be Used in Maine"

(S.P. 286)  (L.D. 886)

 

            Majority (7) OUGHT NOT TO PASS Report of the Committee on HEALTH AND HUMAN SERVICES READ and ACCEPTED in the House on June 19, 2017.

 

            Comes from the Senate with that Body having INSISTED on its former action whereby the Minority (6) OUGHT TO PASS AS AMENDED Report of the Committee on HEALTH AND HUMAN SERVICES was READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (S-247) in NON-CONCURRENCE.

 

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Non-Concurrent Matter

 

 

            (1-7)  Bill "An Act To Allow a Wrongful Death Cause of Action for the Death of a Viable Fetus"

(H.P. 241)  (L.D. 327)

 

            Majority (8) OUGHT NOT TO PASS Report of the Committee on JUDICIARY READ and ACCEPTED in the House on June 9, 2017.

 

            Comes from the Senate with the Minority (5) OUGHT TO PASS Report of the Committee on JUDICIARY READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED in NON-CONCURRENCE.

 

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COMMUNICATIONS

 

 


 

            (2-1)  The Following Communication: (S.C. 532)

 

                        and accompanying veto, item (2-2)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

AUGUSTA, MAINE

June 16, 2017

 

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 1462, "Resolve, To Establish a Pilot Project To Facilitate the Acquisition of Basic Emergency Medical Training in Rural Communities in the State."

 

This resolve proposes a pilot project whereby the Department of Public Safety would be forced to authorize "approved emergency medical services training centers" that would then offer a "community medical responder apprenticeship pilot project."  The Department of Public Safety must also report to the Legislature by January 15, 2019.

 

I believe the proponents also must assume that the State does not provide any training pipeline for those who are interested in becoming emergency medical technicians. This assumption is, however, totally incorrect. 

 

In fact, Maine EMS, within the Department of Public Safety, oversees seven EMS training centers that are located in different regions of the state. Passing a resolve to establish a competing EMS program just does not make sense. 

 

Because the Department of Public Safety is already doing what this bill proposes, I cannot support LD 1462.

 

For this reason, I return LD 1462 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.

 

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            (2-2)  The accompanying item Resolve, To Establish a Pilot Project To Facilitate the Acquisition of Basic Emergency Medical Training in Rural Communities in the State

(S.P. 508)  (L.D. 1462)
(C. "A" S-159)

 

            In Senate, June 19, 2017, 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?'

 

            35 voted in favor and 0 against, and 35 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.

 

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            (2-3)  The Following Communication: (S.C. 533)

 

                        and accompanying veto, item (2-4)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

AUGUSTA, MAINE

 

June 19, 2017

 

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 809, "An Act to Address Student Hunger with a 'Breakfast after the Bell' Program."

 

When the State requires a local district to do something and doesn't provide funding, it is an unfunded mandate, pure and simple. If the program is worth doing, the legislature needs to appropriate funding for the program. Imposing layer upon layer of unfunded mandates for our schools contributes to the ballooning local costs of our education system and places more of a burden on property tax payers.

 

I cannot support a new, unfunded mandate, no matter the worthiness of the cause. Therefore, I return LD 809 unsigned and vetoed. I urge the legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

 

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

 

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            (2-4)  The accompanying item An Act To Address Student Hunger with a "Breakfast after the Bell" Program

(S.P. 254)  (L.D. 809)
(C. "A" S-163)

 

            In Senate, June 20, 2017, 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 1 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.

 

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            (2-5)  The Following Communication: (H.C. 260)

 

SENATE OF MAINE

128TH LEGISLATURE

OFFICE OF THE PRESIDENT

 

June 20, 2017

 

Honorable Robert B. Hunt

Clerk of the House

2 State House Station

Augusta, Maine  04333

 

Dear Clerk Hunt:

 

In reference to the action of the Senate on June 19, 2017 in which it Insisted and Asked for a Committee of Conference on L.D. 209, "An Act To Amend the Laws Governing Temporary Sign Usage" (H.P. 165) I am pleased to appoint the following as conferees on the part of the Senate:

 

Senator Ronald F. Collins of York

Senator Andre E. Cushing III of Penobscot

Senator James F. Dill of Penobscot

 

Please contact my office if you have any questions regarding these appointments.

 

Sincerely,

 

S/Michael D. Thibodeau

President of the Senate

 

 

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            (2-6)  The Following Communication: (S.C. 535)

 

MAINE SENATE

128TH LEGISLATURE

OFFICE OF THE SECRETARY

 

June 20, 2017

 

Honorable Sara Gideon

Speaker of the House

2 State House Station

Augusta, Maine  04333

 

Dear Speaker Gideon:

 

In accordance with 3 MRSA §158 and Joint Rule 506 of the 128th Maine Legislature, please be advised that the Senate today confirmed the following nomination:

 

Upon the recommendation of the Committee on Judiciary, the Honorable Thomas E. Delahanty II of Falmouth for appointment as an Active Retired Justice of the Superior Court.

 

Best Regards,

 

S/Heather J.R. Priest

Secretary of the Senate

 

 

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            (2-7)  The Following Communication: (S.C. 537)

 

MAINE SENATE

128TH LEGISLATURE

OFFICE OF THE SECRETARY

 

June 20, 2017

 

Honorable Robert B. Hunt

Clerk of the House

2 State House Station

Augusta, Maine  04333

 

Dear Clerk Hunt:

 

Please be advised the Senate today insisted to its previous action whereby it accepted the Majority Ought Not to Pass Report from the Committee on Taxation on Bill "An Act To Establish the Let's Grow Maine Program" (H.P. 1066) (L.D. 1548), in non-concurrence.

 

Best Regards,

 

S/Heather J.R. Priest

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)  Emily B. Woodzilla,, a senior at Hermon High School, who is a recipient of a 2017 Principal's Award for outstanding academic achievement and citizenship, sponsored by the Maine Principals' Association.  We extend our congratulations to Emily on her receiving this award;

 

(SLS 476)

 

 

            (5-2)  Andrew Morgan, of Chesterville, a deputy sheriff with the Franklin County Sheriff's Office, which has named him the 2016 Patrol Deputy of the Year.  We extend to Deputy Morgan our congratulations and best wishes;

 

(SLS 492)

 

 

            (5-3)  Michael Lyman, of Farmington, a police officer with the Farmington Police Department, who was named the 2016 Employee of the Year by the department.  Officer Lyman serves as training coordinator for the department, as well as being the primary Field Training Officer.  He also conducts the department's physical agility testing.  We extend to him our congratulations and best wishes;

 

(SLS 493)

 

 

            (5-4)  Jonathan Turlo, of Hampden, a member of Boy Scout Troop No. 41, who has attained the high rank and distinction of Eagle Scout.  This is the highest award in Boy Scouting and is given for excellence in skills development, leadership, personal growth and community service.  For his Eagle Scout project, Jonathan made improvements to and built new cabinets and shelving for the Reeds Brook Middle School band room.  We extend our congratulations to Jonathan on this achievement;

 

(SLS 494)

 

 

            (5-5)  Michael Ballesteros, of Glenburn, who has received the Arthur A. Comstock Professional Service Award from the Bangor Region Chamber of Commerce.  We extend to Mr. Ballesteros our congratulations and best wishes;

 

(SLS 495)

 

 

            (5-6)  Dennis Paper & Foodservice, of Hampden, which has received the Business of the Year Award from the Bangor Region Chamber of Commerce.  We extend to Dennis Paper & Foodservice our congratulations and best wishes;

 

(SLS 496)

 

 

            (5-7)  the Honorable James Tobin and Patricia Tobin, of Dexter, on the occasion of their 50th Wedding Anniversary.  Mr. and Mrs. Tobin were married on July 8, 1967 in Auburn, Massachusetts.  They have 3 children and 6 grandchildren.  Mr. Tobin represented Dexter in the House of Representatives from 1997 to 2004.  We extend to Mr. and Mrs. Tobin our congratulations on their anniversary and offer them our best wishes;

 

(SLS 500)

 

 

            (5-8)  the Lyman Moore Middle School Odyssey of the Mind Team, of Portland, which placed second at the State Competition and went on to compete at the World Finals at Michigan State University.  Members of the team include Daniel Niles, Nathan Milliken, Alyson Mina, Carolyn McCallum, Olivia Brewer, Charlie Brewer and James Rohde.  Katie Milliken and Holly Sheehan Niles coached the team.  We extend to all the members of the team our congratulations and best wishes;

 

(HLS 585)

Presented by Representative SANBORN of Portland.

Cosponsored by Senator DION of Cumberland, Senator CHIPMAN of Cumberland, Representative HARLOW of Portland, Representative FARNSWORTH of Portland, Representative MOONEN of Portland, Representative SYLVESTER of Portland, Representative TALBOT ROSS of Portland, Representative JORGENSEN of Portland, Representative COLLINGS of Portland.

 

 

            (5-9)  the Orono High School Baseball Team, of Orono, which won the Class C State Championship.  We extend to all the members of the team our congratulations and best wishes;

 

(HLS 586)

Presented by Representative TIPPING of Orono.

Cosponsored by Senator DILL of Penobscot, Representative FREY of Bangor.

 

 

            (5-10)  Kim Rzasa, of Dresden, who retired after 20 years of service to the Town of Dresden.  Ms. Rzasa served in many roles, including as Town Clerk and Tax Collector and most recently as Treasurer.  We extend to Ms. Rzasa our appreciation for her service and offer her our congratulations and best wishes;

 

(HLS 587)

Presented by Representative PIERCE of Dresden.

Cosponsored by Senator VITELLI of Sagadahoc.

 

 

In Memory of:

 

            (5-11)  James E. O'Brien, of Farmingdale and formerly a longtime resident of Augusta.  Mr. O'Brien was a veteran of the United States Army and served during the Korean War.  Before his retirement, he had been employed for 24 years at the Veterans Administration Medical Regional Office Center at Togus.  He was a communicant of St. Augustine Catholic Church in Augusta.  He also was a life member of the Calumet Club, a member of Abnaki Council #334 3rd Degree Knights of Columbus, Abnaki Assembly #346 4th Degree Knights of Columbus, American Legion Post #2 and the St. Paul's Charismatic Movement.  Mr. O'Brien will be long remembered and sadly missed by his family and friends;

 

(SLS 483)

 

 

            (5-12)  David R. Bubier, of Winthrop.  Mr. Bubier worked in construction for Cianbro and as Manager of Irving Oil in Farmington, and he owned and operated Bakers Dozen Bait Shop and Winthrop Disposal Services.  He served as a Winthrop Town Councilor, and he was a longtime member of the Monmouth Fish and Game Club.  Mr. Bubier will be long remembered and sadly missed by his family and friends;

 

(SLS 484)

 

 

            (5-13)  Elmore E. Morgan, of West Gardiner.  During the Second World War, Mr. Morgan served in Okinawa, where he was wounded.  After the war, he farmed, worked at the Togus Veterans Administration hospital for many years and was continually involved in area veterans organizations.  Mr. Morgan will be long remembered and sadly missed by his family and friends;

 

(SLS 485)

 

 

            (5-14)  Lawrence E. "Sonny" Danforth, of Chelsea, a veteran of the United States Army.  Mr. Danforth attained the rank of Sergeant First Class in the Army and served in the Korean War.  He worked at the Augusta Water District for over 38 years.  He was a communicant of St. Augustine Catholic Church and a member of the American Legion.  Mr. Danforth will be long remembered and sadly missed by his wife of nearly 62 years, Lorraine, and by his family and friends;

 

(SLS 487)

 

 

            (5-15)  Paul "Bud" Caouette, of Auburn.  Mr. Caouette, a veteran of the United States Marine Corps, served as a police officer with the City of Auburn Police Department from 1995 to 2016.  He was a well-known and visible member of the department and community and was often seen on his police motorcycle.  Mr. Caouette will be long remembered and sadly missed by his family and friends and all those whose lives he touched;

 

(SLS 490)

 

 

            (5-16)  James Russell Crowley, of Scarborough.  After serving in the National Guard, Mr. Crowley worked for 50 years at Scarborough Public Works doing work in which he took great pride.  Mr. Crowley will be long remembered and sadly missed by his family, friends and colleagues;

 

(SLS 491)

 

 

            (5-17)  Jonathan Philip Bowman, of St. Albans, a hard-working and accomplished student-athlete at John Bapst Memorial High School.  Jonathan participated in many sports and clubs at school and served as a John Bapst student ambassador.  He was a member of Boy Scout Troop 404, which he served as patrol leader for several years, and the Boy Scouts of America has posthumously awarded him the Spirit of the Eagle Award to recognize his contributions to scouting.  Jonathan will be long remembered and sadly missed by his family and friends and all those whose lives he touched;

 

(HLS 584)

Presented by Representative FREDETTE of Newport.

Cosponsored by Senator CUSHING of Penobscot, Senator DAVIS of Piscataquis, Representative STETKIS of Canaan.

 

 

 

 

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REPORTS OF COMMITTEE

 

Ought to Pass as Amended

 

            (6-1)  Report of the Committee on INSURANCE AND FINANCIAL SERVICES on Bill "An Act To Establish a Student Loan Bill of Rights To License and Regulate Student Loan Servicers"

(S.P. 532)  (L.D. 1507)

 

            Reporting Ought to Pass as Amended by Committee Amendment "A" (S-188).

 

            Comes from the Senate with the Report READ and the Bill and accompanying papers were COMMITTED to the Committee on INSURANCE AND FINANCIAL SERVICES.

 

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Divided Report

 

            (6-2)  Majority Report of the Committee on ENERGY, UTILITIES AND TECHNOLOGY reporting Ought to Pass as Amended by Committee Amendment "A" (S-276) on Bill "An Act Regarding Solar Power for Farms and Businesses"

(S.P. 529)  (L.D. 1504)

            Signed:

            Senators:
                                    WOODSOME of York
                                    DION of Cumberland

            Representatives:
                                    BERRY of Bowdoinham
                                    COOPER of Yarmouth
                                    DeCHANT of Bath
                                    RILEY of Jay
                                    RYKERSON of Kittery
                                    SANBORN of Portland

            Minority Report of the same Committee reporting Ought to Pass as Amended by Committee Amendment "B" (S-277) on same Bill.

 

            Signed:

            Senator:
                                    CUSHING of Penobscot

            Representatives:
                                    HANLEY of Pittston
                                    HARVELL of Farmington
                                    O'CONNOR of Berwick
                                    WADSWORTH of Hiram

            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-276) AS AMENDED BY SENATE AMENDMENT "A" (S-293) thereto.

 

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            (6-3)  Majority Report of the Committee on INLAND FISHERIES AND WILDLIFE reporting Ought to Pass as Amended by Committee Amendment "B" (S-284) on Bill "An Act To Require Permits for Wildlife in Captivity and Notification of the Escape of Exotic Wildlife in Captivity"

(S.P. 91)  (L.D. 305)

            Signed:

            Senators:
                                    CYRWAY of Kennebec
                                    WOODSOME of York

            Representatives:
                                    DUCHESNE of Hudson
                                    ALLEY of Beals
                                    LYFORD of Eddington
                                    NADEAU of Winslow
                                    REED of Carmel
                                    STEARNS of Guilford
                                    THERIAULT of China

            Minority Report of the same Committee reporting Ought Not to Pass on same Bill.

 

            Signed:

            Representatives:
                                    HARLOW of Portland
                                    MASON of Lisbon
                                    WOOD of Greene

            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 "B" (S-284).

 

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            (6-4)  Majority Report of the Committee on STATE AND LOCAL GOVERNMENT reporting Ought to Pass as Amended by Committee Amendment "A" (S-289) on Bill "An Act To Protect Taxpayers in the Privatization of State Services"

(S.P. 407)  (L.D. 1213)

            Signed:

            Senator:
                                    DESCHAMBAULT of York

            Representatives:
                                    MARTIN of Sinclair
                                    BEEBE-CENTER of Rockland
                                    BRYANT of Windham
                                    HOGAN of Old Orchard Beach
                                    MADIGAN of Rumford
                                    SPEAR of South Thomaston

            Minority Report of the same Committee reporting Ought Not to Pass on same Bill.

 

            Signed:

            Senators:
                                    DAVIS of Piscataquis
                                    KEIM of Oxford

            Representatives:
                                    GRIGNON of Athens
                                    HARRINGTON of Sanford
                                    ORDWAY of Standish
                                    PICKETT of Dixfield

            Comes from the Senate with the Minority OUGHT NOT TO PASS Report READ and ACCEPTED.

 

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            (6-5)  Majority Report of the Committee on STATE AND LOCAL GOVERNMENT reporting Ought to Pass as Amended by Committee Amendment "A" (S-285) on Bill "An Act To Amend the Archives and Records Management Law"

(S.P. 549)  (L.D. 1567)

            Signed:

            Senator:
                                    DESCHAMBAULT of York

            Representatives:
                                    MARTIN of Sinclair
                                    BEEBE-CENTER of Rockland
                                    BRYANT of Windham
                                    HOGAN of Old Orchard Beach
                                    MADIGAN of Rumford
                                    SPEAR of South Thomaston

            Minority Report of the same Committee reporting Ought to Pass as Amended by Committee Amendment "B" (S-286) on same Bill.

 

            Signed:

            Senators:
                                    DAVIS of Piscataquis
                                    KEIM of Oxford

            Representatives:
                                    GRIGNON of Athens
                                    HARRINGTON of Sanford
                                    ORDWAY of Standish
                                    PICKETT of Dixfield

            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-285).

 

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            (6-6)  Majority Report of the Committee on AGRICULTURE, CONSERVATION AND FORESTRY reporting Ought Not to Pass on Bill "An Act To Prohibit the Mining of Massive Sulfide Ore Deposits on State Lands"

(H.P. 117)  (L.D. 159)

            Signed:

            Senators:
                                    DAVIS of Piscataquis
                                    DILL of Penobscot
                                    SAVIELLO of Franklin

            Representatives:
                                    DUNPHY of Old Town
                                    BLACK of Wilton
                                    CHAPMAN of Brooksville
                                    HIGGINS of Dover-Foxcroft
                                    KINNEY of Knox
                                    MARTIN of Sinclair
                                    McELWEE of Caribou
                                    O'NEIL of Saco
                                    SKOLFIELD of Weld

            Minority Report of the same Committee reporting Ought to Pass as Amended by Committee Amendment "A" (H-528) on same Bill.

 

            Signed:

            Representative:
                                    ACKLEY of Monmouth

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            (6-7)  Majority Report of the Committee on VETERANS AND LEGAL AFFAIRS reporting Ought Not to Pass on Bill "An Act To Amend the Laws on the Conduct of Elections and To Establish a Nonpartisan Primary Election System for State and Federal Candidates"

(H.P. 764)  (L.D. 1086)

            Signed:

            Senators:
                                    MASON of Androscoggin
                                    CARPENTER of Aroostook
                                    COLLINS of York

            Representatives:
                                    LUCHINI of Ellsworth
                                    DILLINGHAM of Oxford
                                    FARRIN of Norridgewock
                                    HANINGTON of Lincoln
                                    LONGSTAFF of Waterville
                                    WHITE of Washburn

            Minority Report of the same Committee reporting Ought to Pass as Amended by Committee Amendment "A" (H-527) on same Bill.

 

            Signed:

            Representatives:
                                    CASÁS of Rockport
                                    HICKMAN of Winthrop
                                    MONAGHAN of Cape Elizabeth
                                    SCHNECK of Bangor

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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. 26)  (L.D. 46) Bill "An Act To Provide Consistency among Medical Professionals with Regard to Jury Duty Exemption"  Committee on JUDICIARY reporting Ought to Pass as Amended by Committee Amendment "A" (S-46)

 

            (7-2)  (H.P. 1128)  (L.D. 1635) Resolve, Authorizing Certain Land Transactions by the Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands  Committee on AGRICULTURE, CONSERVATION AND FORESTRY reporting Ought to Pass as Amended by Committee Amendment "A" (H-521)

 

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ENACTORS

 

Emergency Measure

 

            (10-1)  Resolve, To Allow the Issuance of Open Burn Permits through Private Online Services

(S.P. 590)  (L.D. 1640)

 

 

            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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Acts

 

            (10-2)  An Act To Prohibit the Use of Handheld Phones and Devices While Driving

(S.P. 360)  (L.D. 1089)
(C. "A" S-272)

 

            (10-3)  An Act To Modernize the Renewable Portfolio Standard

(H.P. 810)  (L.D. 1147)
(S. "A" S-290 to C. "A" H-272)

 

            (10-4)  An Act To Provide a Definition of "Primary Residence" for Purposes of Property Tax Abatements Based on Hardship or Poverty

(S.P. 401)  (L.D. 1180)
(S. "A" S-282)

 

 

            Reported by the Committee on Engrossed Bills as truly and strictly engrossed.

 

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Resolves

 

            (10-5)  Resolve, To Establish the Commission To Create a Plan To Enhance the Efficiency and Effectiveness of the Probate Court System

(S.P. 423)  (L.D. 1260)
(S. "A" S-287 to C. "A" S-231)

 

 

            Reported by the Committee on Engrossed Bills as truly and strictly engrossed.

 

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ORDERS OF THE DAY

HOUSE CALENDAR
WEDNESDAY, JUNE 21, 2017

 

UNFINISHED BUSINESS

 

            The following matters, in the consideration of which the House was engaged at the time of adjournment yesterday, have preference in the Orders of the Day and continue with such preference until disposed of as provided by House Rule 502.

 

 

1.         Expression of Legislative Sentiment Recognizing the DaPonte String Quartet, of Damariscotta

(HLS 357)

 

TABLED - May 11, 2017 (Till Later Today) by Representative GOLDEN of Lewiston.

PENDING - PASSAGE.

 

 

 

 

 

2.         SENATE DIVIDED REPORT - Majority (7) Ought to Pass - Minority (6) Ought Not to Pass - Committee on LABOR, COMMERCE, RESEARCH AND ECONOMIC DEVELOPMENT on Bill "An Act To Protect Worker Wages and Benefits"

(S.P. 35)  (L.D. 86)

 

- In Senate, Majority OUGHT TO PASS Report READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY SENATE AMENDMENT "A" (S-100).

TABLED - May 18, 2017 (Till Later Today) by Representative FECTEAU of Biddeford.

PENDING - ACCEPTANCE OF EITHER REPORT.

 

 

 

 

 

3.         Bill "An Act To Protect the Integrity of Maine Elections by Requiring Photographic Identification for the Purpose of Voting"

(H.P. 1122)  (L.D. 1627)

 

(Committee on VETERANS AND LEGAL AFFAIRS suggested)

TABLED - June 1, 2017 (Till Later Today) by Representative HERBIG of Belfast.

PENDING - REFERENCE.

 

 

 

 

 

4.         HOUSE DIVIDED REPORT - Report "A" (7) Ought to Pass as Amended by Committee Amendment "A" (H-401) - Report "B" (5) Ought Not to Pass - Report "C" (1) Ought to Pass as Amended by Committee Amendment "B" (H-402) - Committee on HEALTH AND HUMAN SERVICES on Bill "An Act To Reduce Child Poverty by Leveraging Investments in Families Today"

(H.P. 1014)  (L.D. 1475)

 

TABLED - June 5, 2017 (Till Later Today) by Representative HYMANSON of York.

PENDING - ACCEPTANCE OF ANY REPORT.

 

 

 

 

 

5.         Bill "An Act To Repeal the Law Permitting Advance Deposit Wagering"

(S.P. 581)  (L.D. 1631)

 

- In Senate, REFERRED to the Committee on VETERANS AND LEGAL AFFAIRS.

TABLED - June 5, 2017 (Till Later Today) by Representative HERBIG of Belfast.

PENDING - REFERENCE IN CONCURRENCE.

 

 

 

 

 

6.         HOUSE DIVIDED REPORT - Majority (7) Ought to Pass as Amended by Committee Amendment "A" (H-428) - Minority (6) Ought Not to Pass - Committee on LABOR, COMMERCE, RESEARCH AND ECONOMIC DEVELOPMENT on Bill "An Act Regarding the Maine Length of Service Award Program Board of Trustees"

(H.P. 866)  (L.D. 1243)

 

TABLED - June 7, 2017 (Till Later Today) by Representative FECTEAU of Biddeford.

PENDING - Motion of same Representative to ACCEPT the Majority OUGHT TO PASS AS AMENDED Report.

 

 

 

 

 

7.         HOUSE DIVIDED REPORT - Majority (8) Ought to Pass as Amended by Committee Amendment "A" (H-220) - Minority (4) Ought Not to Pass - Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY on Bill "An Act To Increase the Penalty for Aggravated Sex Trafficking"

(H.P. 183)  (L.D. 250)

 

TABLED - June 7, 2017 (Till Later Today) by Representative GOLDEN of Lewiston.

PENDING - Motion of Representative WARREN of Hallowell to ACCEPT the Minority OUGHT NOT TO PASS Report. (Roll Call Ordered)

 

 

 

 

 

8.         HOUSE REPORT - Ought to Pass as Amended by Committee Amendment "A" (H-443) - Committee on EDUCATION AND CULTURAL AFFAIRS on Bill "An Act To Amend the Laws Governing the Process for a Single Municipality To Withdraw from a Regional School Unit"

(H.P. 930)  (L.D. 1336)

 

TABLED - June 8, 2017 (Till Later Today) by Representative GOLDEN of Lewiston.

PENDING - ACCEPTANCE OF COMMITTEE REPORT.

 

 

 

 

 

9.         Resolve, To Assess the Need for Mental Health Care Services for Veterans in Maine and To Establish a Pilot Program To Provide Case Management Services to Veterans for Mental Health Care

(H.P. 853)  (L.D. 1231)
(C. "A" H-407)

 

TABLED - June 9, 2017 (Till Later Today) by Representative GOLDEN of Lewiston.

PENDING - FINAL PASSAGE.

 

 

 

 

 

10.       Bill "An Act To Promote Workforce Participation" (EMERGENCY)

(H.P. 344)  (L.D. 481)

 

- In House, Majority (7) OUGHT TO PASS AS AMENDED Report of the Committee on HEALTH AND HUMAN SERVICES READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-326) on June 7, 2017.

- In Senate, Minority (6) OUGHT TO PASS AS AMENDED Report of the Committee on HEALTH AND HUMAN SERVICES READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "B" (H-327) in NON-CONCURRENCE.

TABLED - June 12, 2017 (Till Later Today) by Representative GOLDEN of Lewiston.

PENDING - FURTHER CONSIDERATION.

 

 

 

 

 

11.       HOUSE DIVIDED REPORT - Majority (7) Ought to Pass as Amended by Committee Amendment "A" (H-482) - Minority (6) Ought Not to Pass - Committee on HEALTH AND HUMAN SERVICES on Bill "An Act To Improve Care Provided to Forensic Patients" (EMERGENCY)

(H.P. 120)  (L.D. 162)

 

TABLED - June 13, 2017 (Till Later Today) by Representative HYMANSON of York.

PENDING - ACCEPTANCE OF EITHER REPORT.

 

 

 

 

 

12.       An Act To Clarify the Authority of an Affiliate of a Utility To Own Power Generation outside of the Utility's Territory

(H.P. 536)  (L.D. 756)
(S. "A" S-220 to C. "A" H-314)

 

TABLED - June 13, 2017 (Till Later Today) by Representative HERBIG of Belfast.

PENDING - PASSAGE TO BE ENACTED.

 

 

 

 

 

13.       An Act To Provide Traffic Safety Education in Schools

(H.P. 793)  (L.D. 1130)
(C. "A" H-469)

 

TABLED - June 15, 2017 (Till Later Today) by Representative GOLDEN of Lewiston.

PENDING - PASSAGE TO BE ENACTED.

 

 

 

 

 

14.       An Act Making Unified Appropriations and Allocations for the Expenditures of State Government, Highway Fund and Other Funds, and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2018 and June 30, 2019 (EMERGENCY)

(H.P. 995)  (L.D. 1440)
(C. "A" H-504)

 

TABLED - June 16, 2017 (Till Later Today) by Representative GOLDEN of Lewiston.

PENDING - PASSAGE TO BE ENACTED.

 

 

 

 

 

15.       An Act To Address Severe and Ongoing Shortfalls in the Funding of Direct Care Workers in Long-term Care Settings and To Establish the Commission To Study Long-term Care Workforce Issues (EMERGENCY)

(S.P. 512)  (L.D. 1466)
(H. "A" H-514 to C. "A" S-186)

 

TABLED - June 16, 2017 (Till Later Today) by Representative GOLDEN of Lewiston.

PENDING - PASSAGE TO BE ENACTED. (Roll Call Ordered)

 

 

 

 

 

16.       An Act To Restore the Tip Credit to Maine's Minimum Wage Law (EMERGENCY)

(S.P. 235)  (L.D. 673)
(C. "A" S-209)

 

- In House, PASSED TO BE ENACTED on June 15, 2017.

- In Senate, FAILED OF PASSAGE TO BE ENACTED in NON-CONCURRENCE.

TABLED - June 20, 2017 (Till Later Today) by Representative HERBIG of Belfast.

PENDING - FURTHER CONSIDERATION.

 

 

 

 

 

 

 

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STATUTORY ADJOURNMENT DATE June 21, 2017

 

State of Maine
House of Representatives
128th Legislature
First Regular Session
HOUSE ADVANCE JOURNAL AND CALENDAR

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

Wednesday, June 21, 2017

SUPPLEMENT NO. 1

 

ENACTORS

 

 

Resolves

 

            (10-1)  Resolve, Authorizing the Department of Inland Fisheries and Wildlife To Assume Ownership of the Forest City Project

(H.P. 1121)  (L.D. 1626)
(C. "A" H-524)

 

 

            Reported by the Committee on Engrossed Bills as truly and strictly engrossed.

 

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State of Maine
House of Representatives
128th Legislature
First Regular Session
HOUSE ADVANCE JOURNAL AND CALENDAR

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

Wednesday, June 21, 2017

SUPPLEMENT NO. 3

 

SENATE PAPERS

 

Non-Concurrent Matter

 

 

            (1-1)  Bill "An Act To Provide for a Statewide Contract for School Teachers"

(H.P. 613)  (L.D. 864)

 

            Majority (7) OUGHT NOT TO PASS Report of the Committee on EDUCATION AND CULTURAL AFFAIRS READ and ACCEPTED in the House on June 20, 2017.

 

            Comes from the Senate with the Minority (6) OUGHT TO PASS AS AMENDED Report of the Committee on EDUCATION AND CULTURAL AFFAIRS READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-496) in NON-CONCURRENCE.

 

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Non-Concurrent Matter

 

 

            (1-2)  Bill "An Act To Amend the Charter of the Rumford Water District" (EMERGENCY)

(S.P. 38)  (L.D. 90)

 

            PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (S-54) in the House on June 20, 2017.

 

            Comes from the Senate with that Body having INSISTED on its former action whereby the Bill was PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (S-54) AS AMENDED BY SENATE AMENDMENT "A" (S-226) thereto in NON-CONCURRENCE.

 

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State of Maine
House of Representatives
128th Legislature
First Regular Session
HOUSE ADVANCE JOURNAL AND CALENDAR

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

Wednesday, June 21, 2017

SUPPLEMENT NO. 4

 

SENATE PAPERS

 

 

            (1-1)  The following Joint Order:  (S.P. 595)

 

 

            ORDERED, the House concurring, that, in accordance with emergency authority granted under the Maine Revised Statutes, Title 3, section 2, the First Regular Session of the 128th Legislature is extended for up to 5 legislative days.

 

 

            Comes from the Senate, READ and PASSED.

 

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State of Maine
House of Representatives
128th Legislature
First Regular Session
HOUSE ADVANCE JOURNAL AND CALENDAR

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

Wednesday, June 21, 2017

SUPPLEMENT NO. 5

 

COMMUNICATIONS

 

            (2-1)  The Following Communication: (H.C. 263)

 

                        and accompanying veto, item (2-2)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

1 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0001

 

June 20, 2017

 

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 L.D. 256 "An Act to Ensure Continued Availability of High-Speed Broadband Internet at Maine's Schools and Libraries."

 

This bill modifies the funding mechanism for the Maine Telecommunications Education Access Fund (MTEAF) used to support the Maine School and Library Network (MSLN).  Currently, this program is funded through a fixed percentage assessment applied to voice-related communication service revenues.  Because data-related communication revenues are replacing voice-related communication revenues, the funding available under the existing structure is decreasing.  The proposed bill seeks to prop up the funding by changing to a per-line funding structure.  While I support the concept of schools and libraries being joined together to achieve bulk-purchasing power to decrease the cost of providing broadband internet solutions, I cannot support the funding mechanism advanced in this bill.

 

The MSLN was originally developed in the mid-1990s as a result of a Public Utilities Commission rate case decision against Bell Atlantic (Maine's largest local telephone company at the time).  The Commission required Bell Atlantic to provide $20 million toward the deployment of internet services to all Maine schools and libraries.  A few years later, in 1999, the legislature created the MTEAF to continue the funding and further promote internet services at Maine's schools and libraries.  However, the internet is no longer a fledgling enterprise.  The original purpose of the MSLN has been served – 99% of Maine's schools have internet service at a speed of at least 100 kilobytes per student.   The internet is now a mature industry and should be funded in the same manner that all of the other normal costs of schools and libraries are funded. 

 


 

I have long opposed fees that hide true cost of services and pass along the burden to ratepayers who have no say in paying an increased fee that funds an initiative unrelated to the service they are purchasing.   While I also disfavor the existing statutory funding structure, at least it will allow a gradual transition to more local responsibility for the costs, thereby incentivizing our schools and libraries to explore services and funding based on the individual needs and characteristics of the communities they serve. 

 

 

For these reasons, I return L.D. 256 unsigned and vetoed.  I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

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            (2-2)  The accompanying item An Act To Ensure Continued Availability of High-speed Broadband Internet at Maine's Schools and Libraries

(H.P. 189)  (L.D. 256)
(C. "A" H-189)

 

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            (2-3)  The Following Communication: (H.C. 264)

 

                        and accompanying veto, item (2-4)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

1 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0001

 

June 20, 2017

 

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 633, "An Act To Amend Teacher Evaluation Requirement."

 

I do not agree that measures of teacher effectiveness do not need to include student growth. While other measures of teacher effectiveness are certainly important, whether students grew and learned seems fundamental.

 

During the 127th Legislature, the Education and Cultural Affairs Committee made a firm commitment not to change the rules in the middle of the game. This bill does that. It seems that this bill would require every district in the state to revisit and revise their teacher evaluation plans, many of which are just ending their pilot phase.

 

This bill requires new rulemaking—without providing funding to the Department to write those rules—and it will require districts to collect data on student growth. This not only triggers privacy concerns, but it also promotes a system for collecting inconsistent measures across school districts that cannot be compared to determine whether an individual teacher, school or district is performing effectively.

 

The fact that this bill does nothing to alleviate administrative burden (and may actually increase administrative time and expense) only adds insult to injury.

 

In sum, this bill raises questions about the legislature's commitment to ensuring that every Maine student has access to a high quality educator. For these reasons, I return LD 633 to you unsigned and vetoed. I urge you to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

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            (2-4)  The accompanying item An Act To Amend Teacher Evaluation Requirements

(H.P. 449)  (L.D. 633)
(C. "A" H-197)

 

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            (2-5)  The Following Communication: (H.C. 265)

 

                        and accompanying veto, item (2-6)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

1 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0001

 

June 20, 2017

 

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 737, "An Act To Allow Public Schools to Reserve Funds Designated for Operating Costs."

 

This bill seeks to create a slush fund for superintendents, enabling them to withhold our education funds from where they are most needed: in the classroom.  As mayor of Waterville, I saw firsthand that superintendents know where to stash money for their pet projects, and this bill seeks to create a new hiding place to shield their spending from public awareness and scrutiny.

 

This bill is even being brought forward during a session where the constant refrain from the education special interests is that we are underfunding our schools. How is it simultaneously possible that our schools are "underfunded" for their operating purposes, but the superintendents have more than 3% of operating funds left over that they must carry forward?  Something in this equation does not add up, and I will not be party to perpetuating such action.

 

If a community is withholding more than 3% of their operating expenses from their students, then I believe those excess funds should be returned to the taxpayer to lower property taxes.

 

Finally, I do not understand why this bill only targets expanded statutory only for school districts organized as SADs under 20-A MRSA §1312.  I do not favor granting this for the four school administrative units that are SADs, but not for the majority of districts.  On its face, that seems like bad policy.

 

For these reasons, I return LD 737 unsigned and vetoed.  I urge the Legislature to join me in asking superintendents to stop playing games and put our education funds into the classroom by sustaining it.

 

Sincerely,

 

S/Paul R. LePage

Governor

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            (2-6)  The accompanying item An Act To Allow Public Schools To Reserve Funds Designated for Operating Costs

(H.P. 517)  (L.D. 737)
(C. "A" H-371)

 

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            (2-7)  The Following Communication: (H.C. 266)

 

                        and accompanying veto, item (2-8)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

1 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0001

 

June 20, 2017

 

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 Maine, I am hereby vetoing LD 1378, "An Act To Create the Maine Family First Employer Award."

 

This bill requires the State Workforce Board (SWB) to create a new award program, the "Maine Family First Employer." Businesses would submit an application to be reviewed by the SWB or its designee. The criteria "may include" flexible work schedules, leave and vacation policies, workplace accommodations, flexible benefit packages, job-sharing, child care options and any policy that promotes the hiring or retention of working parents.

 

The State Workforce Board already awards the Silver Collar Award for employers who value their older workers, and it requires no statute to do so. Such award programs as proposed in this bill have no need to be enacted in statute.

 

While this bill mandates the award, the bill only suggests possible criteria using the term "may include." Simply put, this statute creates the title of an award and leaves it to the SWB to actually create the substance of the award. If the SWB can pick and choose criteria for the award, why do we need a statute? 

 

This is a feel-good bill that does nothing but create a name for the award and require that the award by this name be given annually to any employer that meets the "to be determined" criteria.  There are further complications: the criteria could change over time, rendering the award meaningless, or the employer could be found in violation of the labor laws governing the criteria. Can an employer lose their "family first" designation for violating labor laws?

 

Supporters of the bill believe that such an award would showcase Maine employers as being good places to work and help attract workers to our state. There are already nationally recognized awards in the private sector that do that. What will attract workers to Maine over other states is a wider variety of jobs with thriving employers and more money in workers' wallets. We can achieve both of these objectives through lower taxes and lower energy costs, priorities of my Administration, but not of the Democrats in the Legislature.

 

Rather than sitting around thinking of catchy names for awards, we should be focusing on legislation that will address our workforce shortage and make a real difference for the hard-working people of Maine.

 

For this reason I am returning LD 1378 unsigned and vetoed. I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

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            (2-8)  The accompanying item Resolve, Directing the State Workforce Investment Board To Create the Maine Family First Employer Program

(H.P. 957)  (L.D. 1378)
(C. "A" H-390)

 

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            (2-9)  The Following Communication: (H.C. 267)

 

                        and accompanying veto, item (2-10)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

1 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0001

 

June 20, 2017

 

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 1540, "An Act To Protect Consumers' Freedom of Choice in Auto Collision Repairs."

 

LD 1540 appears to be a solution in search of a problem. If auto insurance companies were truly steering business toward specific collision repair businesses, this may be a discussion worth having. But over the course of the last nine years, Maine's insurance bureau has only received six consumer complaints regarding this issue; two of those complaints were that insurers did not direct insureds to shops participating in the insurer's networks.

 

Additionally, the Superintendent of Insurance conducted a study of the seven largest auto insurance carriers in Maine and did not identify any instances of steering.

 

This bill micromanages Maine businesses and creates more unnecessary regulations for Maine's auto insurance industry.

 

For this reason, I return LD 1540 unsigned and vetoed.  I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

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            (2-10)  The accompanying item An Act To Protect Consumers' Freedom of Choice in Auto Collision Repairs

(H.P. 1061)  (L.D. 1540)
(C. "A" H-278)

 

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            (2-11)  The Following Communication: (H.C. 269)

 

                        and accompanying veto, item (2-12)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

1 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0001

 

June 20, 2017

 

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 1619, "An Act To Report Limited Information to the Controlled Substances Prescription Monitoring Program Concerning Methadone."

 

I appreciate the thought behind this bill and would encourage the Legislature to continue to think about ways they can create transparency and increase the quality of Methadone treatment. Unfortunately, this bill is useless. We can already seek consent of the participants in a methadone treatment program to share their information with the Prescription Monitoring Program.

 

If we are truly serious about addressing the shortfalls of our methadone treatment program, we need to identify ways to ensure the program is integrated into a person's overall health and to make sure they are receiving the comprehensive counseling they need. We also need to continue to appeal to the Federal government to roll back their antiquated and overly restrictive regulations to allow us to manage our program.

 

Including transportation costs, we pay approximately $12 million a year for Methadone treatment in Medicaid. This is a significant cost. I agree we need to continue to make improvements to the program, but this bill does not hit the mark. 

 

For this reason, I return LD 1619 unsigned and vetoed. I strongly urge the Legislature to sustain it.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

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            (2-12)  The accompanying item An Act To Report Limited Information to the Controlled Substances Prescription Monitoring Program Concerning Methadone

(H.P. 1118)  (L.D. 1619)
(C. "A" H-397)

 

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State of Maine
House of Representatives
128th Legislature
First Regular Session
HOUSE ADVANCE JOURNAL AND CALENDAR

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

Wednesday, June 21, 2017

SUPPLEMENT NO. 6

 

SENATE PAPERS

 

            (1-1)  The following Joint Resolution:  (S.P. 594)

 

 

JOINT RESOLUTION RECOGNIZING RICHARD ROSEN'S SERVICE TO THE STATE OF MAINE

 

            WHEREAS, the Honorable Richard Rosen, of Bucksport, graduated from the University of Maine with a degree in finance and, from 1982 to 2013, operated his family's store in Bucksport, Rosen's Department Store; and

 

            WHEREAS, Mr. Rosen has served as a board member of the Retail Association of Maine, as President of Northeast Historic Film, as a trustee of Acadia Hospital in Bangor and as a board member for Bucksport Regional Health Center; and

 

            WHEREAS, Mr. Rosen served in the Maine House of Representatives from 1998 to 2004 and in the Maine Senate from 2004 to 2012, for a total of 7 terms, and served as the Senate chair of the Joint Standing Committee on Appropriations and Financial Affairs for 2 years beginning in 2011; and

 

            WHEREAS, Mr. Rosen was presented with the 2011 Adoptive and Foster Families of Maine Outstanding Legislative Advocate of the Year Award, received the Sunshine Award from Maine's Freedom of Information Coalition, was named a Margaret Chase Smith Policy Center Distinguished Maine Policy Fellow and received the Bangor Region Chamber of Commerce Catherine Lebowitz Award for Public Service; and

 

            WHEREAS, Mr. Rosen served as Director of the Governor's Office of Policy and Management from December 2012 to February 2014; and

 

            WHEREAS, Mr. Rosen served as Deputy Commissioner of Finance for the Maine Department of Administrative and Financial Services from February 2014 to June 2015 and as Commissioner of Administrative and Financial Services from June 2015 to June 2017; and

 

            WHEREAS, as commissioner, Mr. Rosen oversaw more than 1,200 employees serving all branches and agencies of State Government and was responsible for budgeting and financial management, human resources and other administrative services; now, therefore, be it

 

            RESOLVED: That We, the Members of the One Hundred and Twenty-eighth Legislature now assembled in the First Regular Session, take this occasion to recognize the dedicated service of Richard Rosen to the State of Maine.

 

 

            Comes from the Senate, READ and ADOPTED.

 

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State of Maine
House of Representatives
128th Legislature
First Regular Session
HOUSE ADVANCE JOURNAL AND CALENDAR

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

Wednesday, June 21, 2017

SUPPLEMENT NO. 7

 

COMMUNICATIONS

 

            (2-1)  Pursuant to Article IV, Part Third, Section 2-A, the accompanying line item veto on An Act To Implement the Recommendations of the Commission To Study the Public Reserved Lands Management Fund (EMERGENCY)

(S.P. 201)  (L.D. 586)
(H. "A" H-517 to C. "A" S-202)

AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF

Land Management and Planning Z239

Initiative: Provides an allocation for STA-CAP costs.

 

OTHER SPECIAL REVENUE FUNDS   2017-18

All Other  $3,250 – Changed to $0

 

 

            In Senate, June 21, 2017, this dollar amount, 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 dollar amount become law notwithstanding the objections of the Governor?"

 

            It was the vote of the Senate that this dollar amount become law notwithstanding the objections of the Governor, since a majority of the members elected to the Senate so voted.

 

_________________________________

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            (2-2)  The accompanying line item veto

AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF

Land Management and Planning Z239

Initiative: Provides an allocation for STA-CAP costs.

 

OTHER SPECIAL REVENUE FUNDS   2017-18

OTHER SPECIAL REVENUE FUNDS TOTAL  $3,250 – Changed to $0

 

 

            In Senate, June 21, 2017, this dollar amount, 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 dollar amount become law notwithstanding the objections of the Governor?"

 

            It was the vote of the Senate that this dollar amount become law notwithstanding the objections of the Governor, since a majority of the members elected to the Senate so voted.

 

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            (2-3)  The accompanying line item veto

AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF

Land Management and Planning Z239

Initiative: Provides an allocation to develop infrastructure projects to comply with the federal Americans with Disabilities Act of 1990 for the State's public reserved lands.

 

OTHER SPECIAL REVENUE FUNDS   2017-18

All Other  $50,000– Changed to $0

 

 

            In Senate, June 21, 2017, this dollar amount, 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 dollar amount become law notwithstanding the objections of the Governor?"

 

            It was the vote of the Senate that this dollar amount become law notwithstanding the objections of the Governor, since a majority of the members elected to the Senate so voted.

 

_________________________________

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            (2-4)  The accompanying line item veto

AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF

Land Management and Planning Z239

Initiative: Provides an allocation to develop infrastructure projects to comply with the federal Americans with Disabilities Act of 1990 for the State's public reserved lands.

 

OTHER SPECIAL REVENUE FUNDS   2017-18

OTHER SPECIAL REVENUE FUNDS TOTAL  $50,000– Changed to $0

 

 

            In Senate, June 21, 2017, this dollar amount, 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 dollar amount become law notwithstanding the objections of the Governor?"

 

            It was the vote of the Senate that this dollar amount become law notwithstanding the objections of the Governor, since a majority of the members elected to the Senate so voted.

 

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            (2-5)  The accompanying line item veto

AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF

Land Management and Planning Z239

Initiative: Provides an allocation to conduct a detailed forest inventory of the State's public reserved lands and public nonreserved lands.

 

OTHER SPECIAL REVENUE FUNDS   2018-19

All Other  $65,000– Changed to $0

 

 

            In Senate, June 21, 2017, this dollar amount, 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 dollar amount become law notwithstanding the objections of the Governor?"

 

            It was the vote of the Senate that this dollar amount become law notwithstanding the objections of the Governor, since a majority of the members elected to the Senate so voted.

 

_________________________________

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            (2-6)  The accompanying line item veto

AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF

Land Management and Planning Z239

Initiative: Provides an allocation to conduct a detailed forest inventory of the State's public reserved lands and public nonreserved lands.

 

OTHER SPECIAL REVENUE FUNDS   2018-19

OTHER SPECIAL REVENUE FUNDS TOTAL  $65,000– Changed to $0

 

 

            In Senate, June 21, 2017, this dollar amount, 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 dollar amount become law notwithstanding the objections of the Governor?"

 

            It was the vote of the Senate that this dollar amount become law notwithstanding the objections of the Governor, since a majority of the members elected to the Senate so voted.

 

_________________________________

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            (2-7)  The accompanying line item veto

AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF

Land Management and Planning Z239

Initiative: Provides allocations for educational grants to programs related to logging or forestry at public secondary or public postsecondary educational institutions or career and technical education centers.

 

OTHER SPECIAL REVENUE FUNDS   2017-18

All Other  $150,000– Changed to $0

 

 

            In Senate, June 21, 2017, this dollar amount, 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 dollar amount become law notwithstanding the objections of the Governor?"

 

            It was the vote of the Senate that this dollar amount become law notwithstanding the objections of the Governor, since a majority of the members elected to the Senate so voted.

 

_________________________________

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            (2-8)  The accompanying line item veto

AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF

Land Management and Planning Z239

Initiative: Provides allocations for educational grants to programs related to logging or forestry at public secondary or public postsecondary educational institutions or career and technical education centers.

 

OTHER SPECIAL REVENUE FUNDS   2017-18

OTHER SPECIAL REVENUE FUNDS TOTAL  $150,000– Changed to $0

 

 

            In Senate, June 21, 2017, this dollar amount, 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 dollar amount become law notwithstanding the objections of the Governor?"

 

            It was the vote of the Senate that this dollar amount become law notwithstanding the objections of the Governor, since a majority of the members elected to the Senate so voted.

 

_________________________________

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            (2-9)  The accompanying line item veto

AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF

Land Management and Planning Z239

Initiative: Provides allocations for educational grants to programs related to logging or forestry at public secondary or public postsecondary educational institutions or career and technical education centers.

 

OTHER SPECIAL REVENUE FUNDS   2018-19

All Other  $150,000– Changed to $0

 

 

            In Senate, June 21, 2017, this dollar amount, 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 dollar amount become law notwithstanding the objections of the Governor?"

 

            It was the vote of the Senate that this dollar amount become law notwithstanding the objections of the Governor, since a majority of the members elected to the Senate so voted.

 

_________________________________

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            (2-10)  The accompanying line item veto

AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF

Land Management and Planning Z239

Initiative: Provides allocations for educational grants to programs related to logging or forestry at public secondary or public postsecondary educational institutions or career and technical education centers.

 

OTHER SPECIAL REVENUE FUNDS   2018-19

OTHER SPECIAL REVENUE FUNDS TOTAL  $150,000– Changed to $0

 

 

            In Senate, June 21, 2017, this dollar amount, 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 dollar amount become law notwithstanding the objections of the Governor?"

 

            It was the vote of the Senate that this dollar amount become law notwithstanding the objections of the Governor, since a majority of the members elected to the Senate so voted.

 

_________________________________

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            (2-11)  The accompanying line item veto

AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF

DEPARTMENT TOTALS

 

OTHER SPECIAL REVENUE FUNDS   2017-18

                                                $203,250– Changed to $0

 

 

            In Senate, June 21, 2017, this dollar amount, 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 dollar amount become law notwithstanding the objections of the Governor?"

 

            It was the vote of the Senate that this dollar amount become law notwithstanding the objections of the Governor, since a majority of the members elected to the Senate so voted.

 

_________________________________

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            (2-12)  The accompanying line item veto

AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF

DEPARTMENT TOTALS

 

DEPARTMENT TOTAL – ALL FUNDS   2017-18

                                                $203,250– Changed to $0

 

 

            In Senate, June 21, 2017, this dollar amount, 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 dollar amount become law notwithstanding the objections of the Governor?"

 

            It was the vote of the Senate that this dollar amount become law notwithstanding the objections of the Governor, since a majority of the members elected to the Senate so voted.

 

_________________________________

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            (2-13)  The accompanying line item veto

AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF

DEPARTMENT TOTALS

 

OTHER SPECIAL REVENUE FUNDS   2018-19

                                                $215,000– Changed to $0

 

 

            In Senate, June 21, 2017, this dollar amount, 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 dollar amount become law notwithstanding the objections of the Governor?"

 

            It was the vote of the Senate that this dollar amount become law notwithstanding the objections of the Governor, since a majority of the members elected to the Senate so voted.

 

_________________________________

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            (2-14)  The accompanying line item veto

AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF

DEPARTMENT TOTALS

 

DEPARTMENT TOTAL – ALL FUNDS   2018-19

                                                $215,000– Changed to $0

 

 

            In Senate, June 21, 2017, this dollar amount, 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 dollar amount become law notwithstanding the objections of the Governor?"

 

            It was the vote of the Senate that this dollar amount become law notwithstanding the objections of the Governor, since a majority of the members elected to the Senate so voted.

 

_________________________________

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State of Maine
House of Representatives
128th Legislature
First Regular Session
HOUSE ADVANCE JOURNAL AND CALENDAR

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

Wednesday, June 21, 2017

SUPPLEMENT NO. 9

 

REPORTS OF COMMITTEE

 

Ought to Pass Pursuant to Joint Order

 

            (6-1)  Representative PIERCE for the Joint Select Committee on Marijuana Legalization Implementation on Bill "An Act To Amend the Marijuana Legalization Act Regarding Retail Marijuana Testing Facilities" (EMERGENCY)

(H.P. 1132)  (L.D. 1641)

 

            Reporting Ought to Pass pursuant to Joint Order 2017, H.P. 96.

 

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State of Maine
House of Representatives
128th Legislature
First Regular Session
HOUSE ADVANCE JOURNAL AND CALENDAR

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

Wednesday, June 21, 2017

SUPPLEMENT NO. 10

 

SENATE PAPERS

 

Non-Concurrent Matter

 

 

            (1-1)  Bill "An Act To Remove Certain Restrictions Imposed on Retired State Employees Who Return to Work as Educators"

(H.P. 970)  (L.D. 1396)

 

            Report "A" (7) OUGHT TO PASS AS AMENDED of the Committee on EDUCATION AND CULTURAL AFFAIRS READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-522) in the House on June 20, 2017.

 

            Comes from the Senate with Report "B" (4) OUGHT TO PASS AS AMENDED of the Committee on EDUCATION AND CULTURAL AFFAIRS READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "B" (H-523) in NON-CONCURRENCE.

 

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State of Maine
House of Representatives
128th Legislature
First Regular Session
HOUSE ADVANCE JOURNAL AND CALENDAR

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

Wednesday, June 21, 2017

SUPPLEMENT NO. 13

 

REPORTS OF COMMITTEE

 

Divided Report

 

            (6-1)  Majority Report of the Committee on EDUCATION AND CULTURAL AFFAIRS reporting Ought to Pass as Amended by Committee Amendment "A" (S-203) on Bill "An Act To Improve the Quality of Teachers"

(S.P. 263)  (L.D. 818)

            Signed:

            Senator:
                                    MILLETT of Cumberland

            Representatives:
                                    KORNFIELD of Bangor
                                    DAUGHTRY of Brunswick
                                    FARNSWORTH of Portland
                                    FULLER of Lewiston
                                    McCREA of Fort Fairfield
                                    PIERCE of Falmouth

            Minority Report of the same Committee reporting Ought Not to Pass on same Bill.

 

            Signed:

            Senators:
                                    LANGLEY of Hancock
                                    MAKER of Washington

            Representatives:
                                    GINZLER of Bridgton
                                    SAMPSON of Alfred
                                    STEWART of Presque Isle
                                    TURNER of Burlington

            Comes from the Senate with the Minority OUGHT NOT TO PASS Report READ and ACCEPTED.

 

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State of Maine
House of Representatives
128th Legislature
First Regular Session
HOUSE ADVANCE JOURNAL AND CALENDAR

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

Wednesday, June 21, 2017

SUPPLEMENT NO. 14

 

COMMUNICATIONS

 

            (2-1)  The Following Communication: (S.C. 543)

 

                        and accompanying veto, item (2-2)

 

STATE OF MAINE

OFFICE OF THE GOVERNOR

1 STATE HOUSE STATION

AUGUSTA, MAINE  04333-0001

 

June 20, 2017

 

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 1405, "An Act To Require Remote Sellers To Collect and Remit Sales and Use Tax on Sales into Maine."

 

It has long been my view that Maine retailers can compete and win against even the very best out-of-state companies, provided they are competing on an equal playing field.

 

In 2013, I signed into law LD 346, "An Act Concerning the Collection of Sales Tax by Any Businesses Making Sales to Persons in Maine." This law requires companies that have affiliate programs to register and collect Maine sales tax on sales to Maine customers. In response to its passage, a number of retailers deliberately ended their affiliate programs with Maine residents and businesses to avoid collecting our sales tax. I am concerned that allowing LD 1405 to go into law will similarly cause small online retailers to cease selling their products to residents of the State of Maine.

 

Additionally, this legislation positions Maine in conflict with the U.S. Supreme Court's ruling in Quill Corp. v. North Dakota, 504 U.S. 298 (1992),which prohibits states from imposing a sales tax collection duty on retailers who have no physical presence within their borders. While I believe this decision should be overturned, I consider it unwise for Maine to become a national outlier and needlessly expose the state to litigation.

 

The establishment of nexus for the purpose of sales tax collection is a complex issue that requires a comprehensive approach. That is why I have supported the federal Marketplace Fairness Act and urged Maine's congressional delegation to support its passage. This legislation would enable state governments to collect sales taxes and use taxes from remote retailers with no physical presence in their state.

 

For these reasons, I return LD 1405 unsigned and vetoed. I encourage the Legislature to join me in calling for a federal solution to this national problem and urge you to sustain my veto.

 

Sincerely,

 

S/Paul R. LePage

Governor

 

 

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

 

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            (2-2)  The accompanying item An Act To Require Remote Sellers To Collect and Remit Sales and Use Tax on Sales into Maine

(S.P. 483)  (L.D. 1405)
(C. "A" S-181)

 

            In Senate, June 21, 2017, 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 2 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.

 

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