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The House CalendarThe Advance Journal and Calendar of the House of Representatives Wednesday, June 30, 2021
Calling of the House to Order by the Speaker.
Prayer by Honorable Holly B. Stover, Boothbay.
National Anthem by Honorable Lydia C. Blume, York.
Pledge of Allegiance.
Reading of the Journal of Thursday, June 17, 2021. _________________________________
(1-1) An Act To Amend the Law Regarding Advance Health Care Directives (EMERGENCY) (H.P. 822) (L.D. 1144)
FAILED of PASSAGE TO BE ENACTED in the House on June 17, 2021.
Comes from the Senate PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-720) AND SENATE AMENDMENT "A" (S-353) in NON-CONCURRENCE.
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(1-2) An Act To Facilitate Maine's Climate Goals by Encouraging Use of Electric Vehicles (H.P. 245) (L.D. 347)
PASSED TO BE ENACTED in the House on June 17, 2021.
Comes from the Senate PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-651) AS AMENDED BY SENATE AMENDMENT "A" (S-340) thereto in NON-CONCURRENCE.
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(1-3) Bill "An Act To Reestablish Parole" (H.P. 610) (L.D. 842)
Report "A" (7) OUGHT TO PASS AS AMENDED of the Committee on JUDICIARY READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-717) in the House on June 17, 2021.
Comes from the Senate with that Body having INSISTED on its former action whereby Report "C" (3) OUGHT NOT TO PASS of the Committee on JUDICIARY was READ and ACCEPTED in NON-CONCURRENCE.
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(1-4) Bill "An Act To Prevent Increased Heating Fuel, Natural Gas, Gasoline and Diesel Fuel Pricing in Maine by Prohibiting Adoption of Rules Limiting Greenhouse Gas Emissions" (H.P. 1108) (L.D. 1498)
Majority (8) OUGHT NOT TO PASS Report of the Committee on ENVIRONMENT AND NATURAL RESOURCES READ and ACCEPTED in the House on June 8, 2021.
Comes from the Senate with the Minority (5) OUGHT TO PASS AS AMENDED Report of the Committee on ENVIRONMENT AND NATURAL RESOURCES READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-435) in NON-CONCURRENCE.
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(2-1) The Following Communication: (H.C. 183)
and accompanying veto, item (2-2)
STATE OF MAINE OFFICE OF THE GOVERNOR 1 STATE HOUSE STATION AUGUSTA, MAINE 04333-0001
June 23, 2021
The 130th Legislature of the State of Maine State House Augusta, Maine
Dear Honorable Members of the 130th Legislature:
By the authority conferred by Article IV, Part Third, Section 2 of the Constitution of the State of Maine, I am hereby vetoing L.D. 417, An Act To Protect Maine's Drivers from Pretextual Traffic Stops.
This legislation, with its incorrect definition of "pretextual stop," assumes that law enforcement officers today may pull a vehicle over for no reason and look for evidence of a crime to be used against the driver or occupant.
To the contrary, the law requires an officer to have an objectively reasonable, articulable suspicion that criminal conduct, or a civil violation, or a threat to public safety has occurred, is occurring, or is about to occur to justify the stop of a vehicle. Whren v. United States, 517 U.S. 806, 819 (1996) (unanimous Supreme Court); State v. Sasso, 2016 ME 95, ¶ 14, 143 A.3d 124, 129. The standard is an objective one and is used in courts across the state every day.
This bill would prohibit a stop if the officer had anything in mind other than the immediate reason for the stop. This prohibition is overbroad, unrealistic and dangerous, putting at risk the safety of innocent victims of crime whose circumstances are often uncovered through legitimate traffic stops.
This bill goes further than prohibiting a traffic stop when the officer is also looking for evidence of other crimes. It also prohibits a law enforcement officer in any traffic stop from asking questions or engaging in any conduct that is not related to the original purpose for the stop. This provision too is dangerous, unrealistic and unworkable.
In real life, it is not uncommon for traffic stops to result in the discovery of human trafficking, domestic violence, sexual assault, operating under the influence, robbery and other serious crimes, sometimes on the basis of observation and simple questions. The uncovering of crime is a continuum which does not stop at the approach to a vehicle.
The question, "Is that blood on your shirt?," for instance, is a legitimate one, which may lead to evidence of murder, assault or other violent crime, whether or not the officer has an articulable suspicion of criminal activity at the time of the question. This bill, however, would not only prohibit the question but would make any evidence acquired after the question "inadmissible in any criminal proceeding." To restrict what a police officer can do or say following a traffic stop thwarts legitimate, constitutional public safety practices and the rights of the general public.
Deterring bias based stops, which appears to be the intent of the bill, is a laudable goal. Such stops are offensive, potentially illegal, and always against public policy. That is why Maine's law enforcement policies, Academy and field training all require an officer to base a stop on the conduct of the driver and not on the basis of race, ethnicity, gender, sexual orientation, gender identity, religion, socioeconomic status, age, national origin or ancestry.
While there may be more work to do in addressing such stops, this bill is an overcorrection that will cause more harm than good.
For these reasons I return L.D. 417 unsigned and vetoed and urge the Legislature to sustain this veto.
Sincerely,
S/Janet T. Mills Governor
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(2-2) The accompanying item An Act To Protect Maine's Drivers from Pretextual Traffic Stops (H.P. 301) (L.D. 417)
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(2-3) The Following Communication: (H.C. 184)
and accompanying veto, item (2-4)
STATE OF MAINE OFFICE OF THE GOVERNOR 1 STATE HOUSE STATION AUGUSTA, MAINE 04333-0001
June 23, 2021
The 130th Legislature of the State of Maine State House Augusta, Maine
Dear Honorable Members of the 130th Legislature:
By 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. 418, An Act to Create a Graduate Real Estate Transfer Tax.
L.D. 418 would increase the real estate transfer tax on certain property transactions. The problem with this bill is twofold. First, it is a tax increase. As Governor, I have remained steadfast in my commitment not to raise taxes on Maine people and businesses, especially at a time when the Maine economy is attempting to recover from the economic impact of the pandemic. Avoiding tax increases is important for positioning the State's economy to rebound quickly and strongly. Second, the bill is unnecessary to achieve its intended purpose. L.D. 418 is designed to provide additional dedicated revenue for the Housing Opportunities for Maine (HOME) Fund to support low-income and affordable housing. But the HOME Fund is financially sound and not in need of the relatively modest increase in revenue this bill would yield.
A result of Maine's booming real estate market, in FY21 the Real Estate Transfer Tax is projected to generate $4.5 million more for the HOME Fund than in FY20. By comparison, L.D. 418 would be projected to raise only an additional $749,000 for the HOME Fund during its first full fiscal year in effect, less than 3% over currently forecasted revenues in the same year. It is more effective, and less detrimental to the broader economy, to support the HOME Fund and the important purposes it serves by managing the State budget responsibly as well as using new federal funds for housing needs, rather than raising taxes.
For these reasons, I return L.D. 418 unsigned and vetoed, and I urge the Legislature to sustain this veto.
Sincerely,
S/Janet T. Mills Governor
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(2-4) The accompanying item An Act To Create a Graduated Real Estate Transfer Tax (H.P. 302) (L.D. 418)
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(2-5) The Following Communication: (H.C. 185)
and accompanying veto, item (2-6)
STATE OF MAINE OFFICE OF THE GOVERNOR 1 STATE HOUSE STATION AUGUSTA, MAINE 04333-0001
June 23, 2021
The 130th Legislature of the State of Maine State House Augusta, Maine
Dear Honorable Members of the 130th Legislature:
By the authority conferred by Article IV, Part Third, Section 2 of the Constitution of the State of Maine, I am hereby vetoing L.D. 847, An Act To Divert Young Adults from the Adult Criminal Justice System.
L.D. 847 would all but immunize "young adults," ages 18 to 25, from the consequences of committing any Class E crime and it would require a law enforcement officer, the prosecutor and the court each to "determine" in any Class C felony or Class D or E charge against a young adult "whether diversion, instead of a prosecution, is a more appropriate course of action."
The bill ignores the fact that neither a police officer, nor a prosecutor nor a judge can legally inquire of an accused about the facts of a case or about the individual's circumstances, for whatever purpose, without violating that individual's Fifth Amendment right.
The bill also assumes that all persons of that age group are amenable to social service intervention, that "diversion" is available and effective in all cases and in all areas of the state, and that social services are a more appropriate option, regardless of the nature of the crime, the wishes of the victim or the needs of the community or the threat to public safety.
The bill also disregards the necessary and important role police officers play in diffusing volatile situations before they escalate into violence, and is procedurally unworkable. When officers arrive on the scene of a disturbance, for instance, they often rely on the Class E crimes of Disorderly Conduct or Criminal Trespass to arrest and remove from the scene the person causing the problem, if necessary, thus preventing a situation from spiraling out of control. Under L.D. 847, an officer could only issue a warning to a person who claims to be under the age of 25. This bill would deprive citizens of the protection police afford in circumstances that are all too common and that can prevent further harm.
Finally, the bill also states that an officer, prosecutor or judge has to determine before a criminal proceeding whether it should be dismissed in favor of "diversion". The bill defines "diversion" as simply providing information on certain community-based services. "Diversion," therefore could consist merely of handing out a pamphlet and dismissing a case, which is not a meaningful response to criminal behavior.
For these reasons I am returning L.D. 847 unsigned and vetoed and urge the Legislature to sustain this veto.
Sincerely,
S/Janet T. Mills Governor
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(2-6) The accompanying item An Act To Divert Young Adults from the Adult Criminal Justice System (H.P. 615) (L.D. 847)
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(2-7) The Following Communication: (H.C. 186)
and accompanying veto, item (2-8)
STATE OF MAINE OFFICE OF THE GOVERNOR 1 STATE HOUSE STATION AUGUSTA, MAINE 04333-0001
June 23, 2021
The 130th Legislature of the State of Maine State House Augusta, Maine
Dear Honorable Members of the 130th Legislature:
By the authority conferred by Article IV, Part Third, Section 2 of the Constitution of the State of Maine, I am hereby vetoing L.D. 1253, An Act To Add a Faculty Member and Nonfaculty Staff Member to the Board of Trustees of the University of Maine System (UMS).
LD 1253 is contrary to longstanding UMS Board of Trustees policy that guards against Trustees having real or perceived conflicts of interest in which they benefit financially or otherwise from Board action. This policy is consistent with Title 17, Section 3104, which serves as conflict of interest law for trustees of State offices and public institutions. Additionally, UMS Board of Trustees policy explicitly bans Trustees from being employed by the UMS during their service or for one full year following its conclusion. This prohibition goes beyond just preventing trustees of a public institution from voting on contracts in which they have a direct or indirect pecuniary interest; it prohibits them from serving at all. Furthermore, this policy automatically voids any contracts made while persons with such conflicts serve as trustees. Simply put, it is bad public policy to require active employees to serve on a board that makes decisions that set their salaries and otherwise directly impact them.
Around the country, the vast majority of higher education governing boards do not include current faculty and staff because of the inherent conflict. During the public hearing for LD 1253, West Virginia was highlighted as an example of a state where active employees serve as voting members of the university system board. However, West Virginia University System employees are not part of an employee union, so the board does not participate in collective bargaining negotiations. In Florida, Kentucky and Pennsylvania, faculty and staff members serve as full voting members of the system board, but the Board of Governors of the State University System of Florida, the University of Kentucky Board of Trustees and the Penn State University Board of Trustees do not participate in collective bargaining negotiations. And in Oregon, where faculty and staff members serve on the Board of Trustees of the University of Oregon, the collective bargaining responsibilities belong to the University President, not the Board. Seven additional states have faculty and staff members on their university system boards as non-voting members. If this legislation were to become law, Maine would become the first state in the country with active employees serving as full voting members of a state university system board that serves as the bargaining agent for salary negotiations. This presents a clear conflict of interest that will undermine the trust and confidence of the public in this Board.
In Maine, no other large public employer is currently required - or allowed - to hold active employees on their Board, including the Maine Community College System, Maine Maritime Academy, or any K-12 school board.
At the same time, I firmly believe the UMS Board of Trustees would benefit from a more informed understanding of higher education and daily operations at the System's campuses, centers, and distance learning platforms. To this end, my administration strongly supports an enhanced role for non-voting faculty and staff members on the Board. I believe their perspective is critical to the work of the Board and I encourage the Board to review its policies for receiving and acting upon input from current faculty and staff to ensure a thorough and inclusive process.
For these reasons, I return LD 1253 unsigned and vetoed and I strongly urge the Legislature to sustain this veto.
Sincerely,
S/Janet T. Mills Governor
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(2-8) The accompanying item An Act To Add a Faculty Member and Nonfaculty Staff Member to the Board of Trustees of the University of Maine System (H.P. 919) (L.D. 1253)
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(2-9) The Following Communication: (H.C. 187)
and accompanying veto, item (2-10)
STATE OF MAINE OFFICE OF THE GOVERNOR 1 STATE HOUSE STATION AUGUSTA, MAINE 04333-0001
June 21, 2021
The 130th Legislature of the State of Maine State House Augusta, Maine
Dear Honorable Members of the 130th Legislature:
By 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. 1668, Resolve, To Develop a Plan to Close the Long Creek Youth Development Center and Redirect Funding to Community Integration Services for Adjudicated Youth.
L.D. 1668 is fundamentally flawed because it forces the closure of the State's only secure confinement option for juvenile offenders before safe and appropriate alternatives will be available. If this bill were to become law, Maine would become the only state in the nation without a secure facility to serve the needs of youth who require detention for some period because they represent a risk to themselves or others in the course of their rehabilitation. Responsible juvenile justice reform also takes into account the needs of public safety. I object to this legislation for its failure to do so.
My Administration has demonstrated deep commitment to bringing necessary change to Maine's juvenile justice system. The Department of Corrections (DOC) has engaged with the 32-member Maine Juvenile Justice System Assessment and Reinvestment Task Force, and collaborated with experts at the Center of Children's Law and Policy and the Juvenile Justice Research and Reform Lab at Drexel University, to identify, develop, and implement a suite of systemic reforms. These include shifting $6 million in DOC's juvenile budgetary resources to community based programs and services;opening two community-based residences, one for boys and one for girls, as transitional living options for youth returning home after a stay at the Long Creek Youth Development Center (Long Creek); and shifting funding for 14 vacant positions assigned to Long Creek to programs that promote restorative justice, deliver therapy and other wrap-around services, and establish youth advocacy and mentorship programs. DOC has also reworked training curricula and certification standards to provide new focus on adolescent brain development, adolescent trauma, mental health and substance abuse counseling, suicide prevention, and cultural competency, with particular attention to youth of color and LGBTQIA youth.
These initiatives have already shown real results. DOC's expansion of community-based programs and services statewide has undoubtedly prevented numerous at-risk youth from entering the system. And the judges of the Maine District Court, with DOC's active support, are using commitment to Long Creek only sparingly. There are currently only 31 youth detained in that facility, while hundreds of others on are on informal adjustment, probation, or otherwise under court-ordered supervision either before or after adjudication, for whom that supervision is made meaningful because of the existence of Long Creek. If Long Creek did not exist for those who failed to take the conditions of their release seriously, there would be little incentive to do so.
L.D. 1668 represents a simplistic solution to a complex issue. A more thoughtful and balanced approach is set forth in L.D. 546, An Act To Implement the Recommendations of the Maine Juvenile Justice System Assessment and Reinvestment Task Force. L.D. 546, in contrast, takes a constructive approach to holding DOC accountable for the most effective use of the $6 million in resources the agency has reallocated to community-based programs, enhancing the effectiveness of proven child-serving support systems.
For these reasons, I return L.D. 1668 unsigned and vetoed, and I urge the Legislature to sustain this veto.
Sincerely,
S/Janet T. Mills Governor
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(2-10) The accompanying item Resolve, To Develop a Plan To Close the Long Creek Youth Development Center and Redirect Funding to Community Integration Services for Adjudicated Youth (H.P. 1239) (L.D. 1668)
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(2-11) The Following Communication: (H.C. 188)
and accompanying veto, item (2-12)
STATE OF MAINE OFFICE OF THE GOVERNOR 1 STATE HOUSE STATION AUGUSTA, MAINE 04333-0001
June 25, 2021
The 130th Legislature of the State of Maine State House Augusta, Maine
Dear Honorable Members of the 130th 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. 920, An Act To Promote Oversight of and Competitive Parity among Video Service Providers.
L.D. 920 attempts to implement new consumer fees on some streaming services, expands consumer costs to fund Public, Educational and Governmental (PEG) studios and adds a layer of regulation to these services funded by an assessment paid to the Public Utilities Commission (PUC). I am deeply concerned that if this bill were to become law, it could make digital streaming services more costly and reduce service options for Mainers.
This bill expands the obligation of the video service provider to fund technology upgrades and expansion of local television/PEG operators. This expansion is substantial and will result in higher fees passed down to consumers. This is both a local control issue and a consumer cost issue. Cable customers already contribute more than $10 million per year in franchise fees to local municipalities and many hundreds of thousands more in PEG capital fees. Only a small fraction is dedicated by municipalities to PEG operations. Additionally, L.D. 920 grants oversight of streaming websites to the PUC and requires the video service providers to offset those oversight and enforcement costs by paying a fee which I am concerned could be passed on to their subscribers.
My Administration worked in good faith with the sponsor to agree on legislation I feel would have accomplished the intent of the underlying bill. Our proposal offered the funding that local access channels need while ensuring municipalities had the authority to make that decision for their communities, instead of giving the PUC regulatory authority over streaming services.
L.D. 920 would also make Maine an outlier by imposing franchise fee obligations related to the access of public right of ways over streaming websites, raising costs for consumers and negatively impacting the State's efforts to expand broadband across Maine.
For these reasons, I return LD 920 unsigned and vetoed and urge the Legislature to sustain this veto.
Sincerely,
S/Janet T. Mills Governor
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(2-12) The accompanying item An Act To Promote Oversight of and Competitive Parity among Video Service Providers (H.P. 676) (L.D. 920)
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(2-13) The Following Communication: (H.C. 189)
and accompanying veto, item (2-14)
STATE OF MAINE OFFICE OF THE GOVERNOR 1 STATE HOUSE STATION AUGUSTA, MAINE 04333-0001
June 25, 2021
The 130th Legislature of the State of Maine State House Augusta, Maine
Dear Honorable Members of the 130th Legislature:
By the Authority conferred by Article IV, Part Third, Section 2 of the Constitution of the State of Maine, I am hereby vetoing L.D. 1134, An Act to Amend the Bail Code Regarding Certain Conditions of Release.
L.D. 1134 would remove consequences for the violation of certain conditions of release by a person who has been granted pre-conviction or post-conviction bail. By their nature, bail conditions are designed to ensure responsible behavior pending trial. These conditions constitute court orders. It is essential that law enforcement has the ability to arrest someone engaging in behavior in violation of their conditions of release even if that behavior would not otherwise constitute a violation of law. It is all too common, for example, for domestic violence to be tied to alcohol abuse. A defendant who is charged with related offenses that were committed while intoxicated may be released on the condition that they not possess alcohol. A law enforcement officer who observes that person drinking heavily in escalating circumstances must be able to make an arrest in the interest of public safety. Denying law enforcement that ability deprives the officer of a critical tool to intervene and prevent violence and further victimization.
I agree with the sponsor that many of the 19 conditions of release serve little practical purpose and should be revisited; but leaving them in statute and unenforceable makes no sense. The Legislature should consider ways to ensure that the conditions of release that are imposed are not arbitrary, and explore ways to give greater guidance to bail commissioners to place conditions of release on a person that are related to the underlying offense. Not everyone who is granted pre-conviction release should have a condition to avoid alcohol placed upon them. But if alcohol fueled the original offense, it is reasonable and appropriate to demand a person take certain steps to help conform their behavior while they await disposition of their charge. This provision of law can be beneficial, should be used sparingly and ought to remain an option in the right cases.
For these reasons I return LD 1134 unsigned and vetoed and urge the Legislature to sustain this veto.
Sincerely,
S/Janet T. Mills Governor
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(2-14) The accompanying item An Act To Amend the Maine Bail Code Regarding Certain Conditions of Release (H.P. 812) (L.D. 1134)
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(2-15) The Following Communication: (H.C. 190)
and accompanying veto, item (2-16)
STATE OF MAINE OFFICE OF THE GOVERNOR 1 STATE HOUSE STATION AUGUSTA, MAINE 04333-0001
June 23, 2021
The 130th Legislature of the State of Maine State House Augusta, Maine
Dear Honorable Members of the 130th Legislature:
By the authority conferred by Article IV, Part Third, Section 2 of the Constitution of the State of Maine, I am hereby vetoing L.D. 710, An Act Regarding the Criminal Code.
L.D. 710 was drafted originally by the Criminal Law Advisory Commission (CLAC), a commission comprised of defense attorneys, judges and prosecutors. CLAC is tasked by law to review the Criminal Code, make such recommendations as they deem advisable and to recommend legislation to the Legislature. CLAC members are the foremost experts in our state on the Criminal Code and Criminal Procedure, and I take their recommendations seriously. However, the Committee amendment changes this CLAC bill in one significant respect that requires me to veto the bill.
Current law imposes strict liability on a sexual act committed with a child under the age of fourteen, a reflection of the long-standing tenet of criminal law that children do not have the capacity to consent to sexual acts. This bill as enacted however, creates an exception from the strict liability crime if the actor and the victim are both younger than 14 years of age. In other words, the bill gives immunity from prosecution to an adolescent who commits an act of gross sexual assault with a child absent "compulsion." Young children can be easily pressured and manipulated, emotionally and otherwise; but manipulation is not compulsion under the law.
This bill will make it legal for a 13-year-old to engage in a sexual act with a 4-year-old, undermining the ability of the court to intervene in that 13-year-old's life or to protect the 4-yearold. At the same time, a 14-year-old committing the same act commits a Class A offense and is subject to the intervention of the Juvenile Court.
Strict liability law exists in statute now because it has long been the view that children of this age are unable to give consent to sexual acts. We cannot afford, as a society, to forfeit the protection of our youngest citizens and leave them at risk of sexual exploitation. This amendment was not what CLAC intended when it proposed this otherwise laudable bill to clarify certain provisions of the Criminal Code.
For these reasons, I return L.D. 710 unsigned and vetoed and urge the Legislature to sustain this veto.
Sincerely,
S/Janet T. Mills Governor
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(2-16) The accompanying item An Act Regarding the Maine Criminal Code and a Period of Suspension under the Motor Vehicle Statutes (H.P. 523) (L.D. 710)
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(2-17) The Following Communication: (H.C. 191)
and accompanying veto, item (2-18)
STATE OF MAINE OFFICE OF THE GOVERNOR 1 STATE HOUSE STATION AUGUSTA, MAINE 04333-0001
June 25, 2021
The 130th Legislature of the State of Maine State House Augusta, Maine
Dear Honorable Members of the 130th Legislature:
By the authority conferred by Article IV, Part Third, Section 2 of the Constitution of the State of Maine, I am hereby vetoing L.D. 1160, An Act to Reduce the Burden on Courts and Promote the Resolution of Civil Cases.
L.D. 1160 proposes to increase pre-judgment and post-judgment interest paid by a losing party. Currently, the rate paid on pre-judgment interest is an amount equal to 3 percent plus the one-year U.S. Treasury bill rate (currently less than 0.09 percent) and the post-judgment rate is 6 percent plus the one-year U.S. Treasury bill rate. L.D. 1160 proposes to increase both of these rates to 10 percent. L.D. 1160 also proposes to establish a $20,000 threshold before a casualty insurer may subrogate, or have priority over, a payout for its insured member's medical costs that the insurer has already paid for their insured member. These provisions will penalize a party who wants to take a case to court, rather than settle, would allow someone to receive effectively double payment and will likely combine to increase insurance premiums.
The first provision of the bill will increase - potentially dramatically - the interest a losing party will have to pay on an award if they choose to take a case to trial and lose. People have a right to their day in court and that may not always come quickly. And layering costs on to taking a case to trial against a party with insurance will only make insurance more expensive for everyone. While, it may make sense to revisit this interest rate, 10 percent across the board is too high.
The Legislature has enacted (in 2009) and repealed (in 2011) this exact provision in L.D. 1160 regarding subrogation of medical payments less for than $20,000. Generally, subrogation is a positive thing for not-at-fault insureds, as it assesses the costs of the loss to the responsible party or that person's insurer. For decades Maine allowed an insurer to recoup from a court award or settlement the cost of medical care payments the insurer made on behalf of their insured member. This makes sense and avoids a windfall to the insured. Insurance companies use subrogation to recoup costs they have incurred in compensating their insured which, in turn, keeps premiums lower for everyone else.
An example illustrates the point. Assume a policy holder with $20,000 in medical payment coverage is involved in an accident that is not their fault, and their insurer covers medical treatments costing $20,000. Under current law if the policy holder settles a case against the at-fault driver for $40,000, the insurance company that paid the medical bills would recoup the $20,000 they paid out, and the rest would be divided by the driver and their attorney. But if this bill were to become law, the entire $40,000 (plus interest) would be divided by the driver and their attorney, and the insurance company that paid medical bills that were not the fault of their insured member would be left to absorb that cost. Those costs will inevitably be passed onto every other policy holder.
For these reasons I return LD 1160 unsigned and vetoed and urge the Legislature to sustain this veto.
Sincerely,
S/Janet T. Mills Governor
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(2-18) The accompanying item An Act To Reduce the Burden on Courts and Promote the Resolution of Civil Cases (H.P. 838) (L.D. 1160)
_________________________________
(2-19) The Following Communication: (H.C. 192)
STATE OF MAINE HOUSE OF REPRESENTATIVES SPEAKER'S OFFICE AUGUSTA, MAINE 04333-0002
June 30, 2021
Honorable Robert B. Hunt Clerk of the House 2 State House Station Augusta, Maine 04333
Dear Clerk Hunt:
Please be advised that pursuant to her authority, Governor Janet T. Mills has nominated the following:
on June 28, 2021
Timothy R. Schneider, Esquire of Falmouth, Robert J. Souza of Durham, Michael C. Reed of Palermo, John M. Chandler of Falmouth, Daniel P. Belyea of Vassalboro, Danielle Louder of Cornville and Carlos Javier Barrionuevo of Georgetown for appointment to the Maine Connectivity Authority Board of Directors. Pursuant to P.L. 2021, ch. 364, §9404 (emergency, effective June 24, 2021), these appointments are contingent on the Maine State Senate's confirmation after review by the Joint Standing Committee on Energy, Utilities and Technology.
Sincerely,
S/Ryan M. Fecteau Speaker of the House
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(2-20) The Following Communication: (S.C. 675)
MAINE SENATE 130TH LEGISLATURE
June 17, 2021
Honorable Robert B. Hunt Clerk of the House 2 State House Station Augusta, ME 04333
Dear Clerk Hunt:
Please be advised the Senate today insisted to its previous action whereby it accepted the Majority Ought to Pass as Amended by Committee Amendment “A” (H-340) Report from the Committee on Criminal Justice and Public Safety on Bill “An Act Relating to Personnel Working in Public Safety” (H.P. 806) (L.D. 1128), in non-concurrence.
Best Regards,
S/Darek M. Grant Secretary of the Senate
_________________________________
(2-21) The Following Communication: (S.C. 676)
MAINE SENATE 130TH LEGISLATURE
June 17, 2021
Honorable Robert B. Hunt Clerk of the House 2 State House Station Augusta, ME 04333
Dear Clerk Hunt:
Please be advised the Senate today insisted to its previous action whereby it accepted the Minority Ought Not to Pass Report from the Committee on Judiciary on Bill “An Act To Prohibit Discrimination in Housing Based on a Person’s Participation in a Rental Assistance Program” (H.P. 858) (L.D. 1180) in non-concurrence.
Best Regards,
S/Darek M. Grant Secretary of the Senate
_________________________________
(2-22) The Following Communication: (S.C. 677)
MAINE SENATE 130TH LEGISLATURE
June 17, 2021
Honorable Robert B. Hunt Clerk of the House 2 State House Station Augusta, ME 04333
Dear Clerk Hunt:
Please be advised the Senate today insisted to its previous action whereby it accepted the Minority Ought Not to Pass Report from the Committee on Labor and Housing on Bill “An Act To Require Responsible Contracting Practices for Public Construction Projects” (H.P. 1217) (L.D. 1633) in non-concurrence.
Best Regards,
S/Darek M. Grant Secretary of the Senate
_________________________________
(2-23) The Following Communication: (S.C. 678)
MAINE SENATE 130TH LEGISLATURE
June 17, 2021
Honorable Robert B. Hunt Clerk of the House 2 State House Station Augusta, ME 04333
Dear Clerk Hunt:
Please be advised the Senate today insisted to its previous action whereby it accepted the Minority Ought Not to Pass Report from the Committee on Judiciary on Bill “An Act To Establish Resentencing Units in the Attorney General’s Office and All Maine Prosecutorial Districts” (H.P. 930) (L.D. 1270) in non-concurrence.
Best Regards,
S/Darek M. Grant Secretary of the Senate
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(4-1) On motion of Representative TEPLER of Topsham, the following Joint Resolution: (H.P. 1296) (Cosponsored by Senator SANBORN of Cumberland and Representatives: ARFORD of Brunswick, BROOKS of Lewiston, EVANS of Dover-Foxcroft, MATHIESON of Kittery, MELARAGNO of Auburn) (Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 214)
JOINT RESOLUTION MEMORIALIZING THE PRESIDENT OF THE UNITED STATES AND THE UNITED STATES CONGRESS TO FIX THE SO-CALLED FAMILY GLITCH IN THE FEDERAL AFFORDABLE CARE ACT WE, your Memorialists, the Members of the One Hundred and Thirtieth Legislature of the State of Maine now assembled in the First Special Session, most respectfully present and petition the President of the United States and the United States Congress, as follows:
WHEREAS, under the federal Affordable Care Act, individuals receive subsidies to reduce premium costs for health plans purchased through the marketplace and, in addition, the lowest-income enrollees are eligible for cost-sharing reductions that lower deductibles and copayments;and
WHEREAS, the so-called "family glitch" in the federal Affordable Care Act prohibits family members from enrolling in marketplace plans with lower premiums and cost sharing if one member of the family has an offer of affordable employer coverage, which is currently defined as affordable if the premium is less than 9.83% of family income; and
WHEREAS, family members are barred from receiving subsidies in the marketplace evenif the cost of family coverage offered by the employer is above 9.83% of family income; and
WHEREAS, an April 2021 analysis by the Kaiser Family Foundation estimates that 5.1 million Americans are affected by this provision, including 34,000 residents of Maine;and
WHEREAS, this provision restricts these residents from receiving subsidies and cost-sharing reductions so that they can access affordable and high-quality health care coverage; and
WHEREAS, proposals to fix the "family glitch" are under consideration by the Presidentof the United States and the United States Congress; now, therefore, be it
RESOLVED: That We, your Memorialists, on behalf of the people we represent, take thisopportunity to respectfully request that the President of the United States and the United States Congress fix the "family glitch" in the federal Affordable Care Act through administrative action, if permitted, or through the enactment of legislation; and be it further
RESOLVED: That suitable copies of this resolution, duly authenticated by the Secretary of State, be transmitted to the Honorable Joseph R. Biden, Jr., President of the United States; the President of the United States Senate; the Speaker of the United States House of Representatives; and each Member of the Maine Congressional Delegation.
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SPECIAL SENTIMENT CALENDAR
In accordance with House Rule 519 and Joint Rule 213, the following items: Recognizing: (5-1) Lauren Paradis, of Frenchville, who has earned the distinction of being named Valedictorian of the 2021 graduating class of Wisdom Middle/High School. We extend our congratulations and best wishes;
(SLS 375)
(5-2) Emma Chamberland, of St. Agatha, who has earned the distinction of being named Honors Essayist of the 2021 graduating class of Wisdom Middle/High School. We extend our congratulations and best wishes;
(SLS 376)
(5-3) Savanna Hanlin, of St. Agatha, who has earned the distinction of being named Salutatorian of the 2021 graduating class of Wisdom Middle/High School. We extend our congratulations and best wishes;
(SLS 377)
(5-4) Roger T. Pelli, of Presque Isle, who is retiring from A.R. Gould Hospital after many years of service. Dr. Pelli worked as a Physician Assistant from 1977 to 1984 and as a Doctor of Osteopathy from 1989 to 2021, including service as the medical director of the emergency department, lead hospitalist and regional medical informatics officer. We extend our congratulations and best wishes;
(SLS 378)
(5-5) Gail Philippi, of Liberty, who is retiring as Town Clerk for Liberty after 25 years of public service. Ms. Philippi has served the town in a variety of roles, including as a firefighter, an E-9-1-1 addressing officer, the Registrar of Voters, Deputy Town Clerk and Town Clerk. We extend our congratulations and best wishes;
(HLS 324) Presented by Representative ZEIGLER of Montville. Cosponsored by Senator CURRY of Waldo.
(5-6) Warren M. and Evelyn S. Silver, of Dedham, who are celebrating their 50th Wedding Anniversary on June 19, 2021. We extend our congratulations and best wishes;
(HLS 325) Presented by Speaker FECTEAU of Biddeford. Cosponsored by Senator ROSEN of Hancock, Representative HUTCHINS of Penobscot.
(5-7) Kyah Brown, of Poland, who won the 2021 Miss Maine Teen USA Pageant, and who will go on to compete at the 39th Miss Teen USA Pageant on September 29, 2021 in Tulsa, Oklahoma. We extend our congratulations and best wishes;
(HLS 327) Presented by Representative DUCHARME of Madison. Cosponsored by Senator CLAXTON of Androscoggin, Representative FAY of Raymond, Representative ARATA of New Gloucester.
(5-8) the Hall-Dale High School Softball Team, of Farmingdale, which won the Class C State Championship. We extend our congratulations and best wishes;
(HLS 328) Presented by Representative HARNETT of Gardiner. Cosponsored by Senator HICKMAN of Kennebec.
(5-9) Stan Labbe, of Litchfield, who is retiring as Chief of the Litchfield Fire Department after many years of service. Chief Labbe began serving with the department in 1966 and became chief in 1984. We extend our congratulations and best wishes;
(HLS 329) Presented by Representative GREENWOOD of Wales. Cosponsored by Senator TIMBERLAKE of Androscoggin.
(5-10) Ed Smith, of Ogunquit, Chief of the Ogunquit Fire Company and Ogunquit Fire Department, for his 68 years of service. Chief Smith is respected and highly regarded by his firefighters, and his contributions were recognized with the York County Chiefs' Association's Lifetime Achievement Award. He served as Fire Chief from 2006 until 2012, but in 2018 came out of retirement at the request of the town in order to lead the fire department through a challenging transition. Despite his age, Chief Smith never hesitated to provide support at a scene, and, even in 2020 when the COVID-19 pandemic was shutting down the country, and as a member of the highest-risk population at 85 years old, he continued to come to work to ensure the safety of his crew and the citizens of the Town of Ogunquit. We extend our appreciation and best wishes;
(HLS 330) Presented by Representative ROCHE of Wells. Cosponsored by Senator LAWRENCE of York, Representative HYMANSON of York.
(5-11) Brian McCarthy, of Windham, an officer of the South Portland Police Department and a retired military veteran, who received the 2021 Maine Humanitarian Award from the American Legion Field Allen Post 148 for his continued efforts with the Guardian Ride, a fund-raiser for the Maine Army National Guard 488th Military Police Family Readiness Group. We extend our congratulations and best wishes;
(HLS 331) Presented by Representative COREY of Windham. Cosponsored by Senator DIAMOND of Cumberland, Representative BRYANT of Windham.
(5-12) Charlotte Belanger, of Old Orchard Beach, a student at Loranger Memorial School, who is a recipient of the Secretary of State's Eighth Grade Citizenship Award, honoring students for civic awareness, scholastic achievement and community service. We extend our congratulations and best wishes;
(HLS 332) Presented by Representative GRAMLICH of Old Orchard Beach. Cosponsored by Senator BAILEY of York.
(5-13) the Skowhegan Area High School Varsity Softball Team, which won the 2021 Class A State Championship: players Annabelle Morris, Emma Smith, Emily Dunbar, Annah Perkins, Madalynne Morris, Jaycie Christopher, Mariah Whittemore, Reese Danforth, Lillian Noyes, Riley Fitzpatrick, Carlie Jarvais, Sierra Carey, Samantha Thebarge, Logan Wing, Callaway LePage and Kiara Warren; assistant coaches Becca Gilbert, Jessica Strout, Paul McCarty, Kim McEwen, Sam Gray, Steve Gould and Taylor Johnson; and head coach Lee Johnson. We extend our congratulations and best wishes;
(HLS 333) Presented by Representative POIRIER of Skowhegan. Cosponsored by Senator FARRIN of Somerset.
(5-14) Graffam Brothers Seafood Market, in Rockport, which is celebrating 75 years in business. Founded as Penobscot Bay Ice Company on July 25, 1946 by Maynard Graffam, Sr., the business became a successful lobster shipping business operated by Maynard's sons, Sandy and Jim, who adopted the business's current name in 1972, and today the business is operated by Kimberlee Graffam and has expanded to offer prepared foods and local sundries, as well as a popular and award-winning summertime lobster shack. We extend our congratulations and best wishes;
(HLS 334) Presented by Representative DOUDERA of Camden. Cosponsored by Senator MIRAMANT of Knox.
(5-15) Dean Hall, of Durham, who is retiring from coaching the boys and girls track and field teams at Lisbon High School. Mr. Hall transformed the Lisbon boys and girls teams into annual conference and state contenders, with the teams winning Mountain Valley Conference titles from 2006 to 2013, and he is finishing his 43-year career with a first in program Class C state title in girls track. His boys teams won 25 conference titles, including 13 straight titles, and the 2014 Class C state title. His girls teams won 12 conference titles, in addition to the team's recent state title. We extend our congratulations and best wishes;
(HLS 335) Presented by Representative MASON of Lisbon. Cosponsored by Senator TIMBERLAKE of Androscoggin, Representative SHARPE of Durham.
(5-16) the Dexter Regional High School Softball Team, which won the 2021 Class C North Championship: players Avery Herrick, Jade Wintle, Peyton Grant, Brooklyne Blockler, Makayla Bignell, Lily Bagley, Jillean Poliquin, Jozlyn Paige, Emma Paige, Elizabeth Kinney, Shelby Dyson, Mazie Peach, Sydney Dyson, Aleaha Richards, Tayler Howell-Hanson, Jasmine Lewis, Mickayla Fogg, Hannah Dean, Cheyenne Beem and Lillian Harris; assistant coach Rob Ranquist; and head coach Jason Hardy. We extend our congratulations and best wishes;
(HLS 336) Presented by Representative FOSTER of Dexter. Cosponsored by Senator DAVIS of Piscataquis.
In Memory of: (5-17) Aurel Paquette, of Biddeford. A true leader of and very much beloved by the Biddeford community, Mr. Paquette served as Master of Ceremonies for the La Kermesse Franco-Americaine Festival for more than three decades. Mr. Paquette will be long remembered and sadly missed by his family and friends and all those whose lives he touched;
(HLS 326) Presented by Speaker FECTEAU of Biddeford. Cosponsored by Senator DESCHAMBAULT of York, Representative GERE of Kennebunkport, Representative SHEEHAN of Biddeford.
(5-18) David Wilder, of Dennysville. Mr. Wilder was a veteran of the United States Air Force. In 2005, he retired as a captain with the Cutler Navy Fire Department after 28 years of government service. He also dedicated over 50 years of service to the Dennys River Volunteer Fire Department, retiring as Fire Chief in 2011. Mr. Wilder will be long remembered and sadly missed by his family and friends and all those whose lives he touched;
(HLS 337) Presented by Representative JAVNER of Chester. Cosponsored by Senator MOORE of Washington, Representative TUELL of East Machias.
(5-19) Janis E. Cummings, of Raymond, a beloved teacher. Ms. Cummings taught several generations of first and second grade students in Raymond over her 38-year teaching career. She was often in her classroom on weekends preparing for the next week. When she wasn't teaching or preparing to teach, she was tutoring or employing young people in her Cottage Industry gift shop, helping them develop life skills. After retiring, she was elected to the Regional School Unit 14 Windham Raymond School Board, which she had been serving as chairperson. She also served as a notary and married many Raymond couples, some of whom were her former students, and was always engaged in local politics, hosting many meet and greets for local candidates. Ms. Cummings will be long remembered and sadly missed by her family and friends and all those whose lives she touched;
(HLS 338) Presented by Representative FAY of Raymond. Cosponsored by Senator DIAMOND of Cumberland, Representative AUSTIN of Gray, Representative BRYANT of Windham, Representative COREY of Windham.
(5-20) Peter Bourne Moody, of Wells. From the 1950s to the late 1980s, Mr. Moody served as a fireman at Wells Beach Hose Company, where he was involved in the establishment of the ambulance service and held many positions, including Fire Chief, and he continued to serve the company as Treasurer. He and his father built many homes in the Wells area, and he built and operated Moody's Cottages for 38 years; the cottages are still owned and operated by his family. Mr. Moody will be long remembered and sadly missed by his family and friends;
(HLS 339) Presented by Representative ROCHE of Wells. Cosponsored by Senator RAFFERTY of York, Representative HYMANSON of York.
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CONSENT CALENDAR
First Day
In accordance with House Rule 519, the following item appeared on the Consent Calendar for the First Day: (7-1) (H.P. 156) (L.D. 221) Bill "An Act Making Unified Appropriations and Allocations for the Expenditures of State Government, General 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, 2021, June 30, 2022 and June 30, 2023" Committee on APPROPRIATIONS AND FINANCIAL AFFAIRS reporting Ought to Pass as Amended by Committee Amendment "A" (H-735)
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Emergency Measure
(10-1) An Act To Prohibit Offshore Wind Power Development in Territorial Waters and Submerged Lands of the State (S.P. 512) (L.D. 1619)
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 Improve Public Sector Labor Relations by Amending the Laws Governing Arbitration under Certain Public Employees Labor Relations Laws (S.P. 264) (L.D. 677) (10-3) An Act Concerning Climate and Community Investment Projects (H.P. 902) (L.D. 1231) (10-4) An Act To Regulate Sports Betting (S.P. 437) (L.D. 1352) (10-5) An Act To Strengthen Protections against Civil Asset Forfeiture (H.P. 1125) (L.D. 1521) (10-6) An Act To Enhance Enforcement of Employment Laws (S.P. 525) (L.D. 1711)
Reported by the Committee on Engrossed Bills as truly and strictly engrossed.
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ORDERS OF THE DAY HOUSE CALENDAR
The following matters, in the consideration of which the House was engaged at the time of adjournment, have preference in the Orders of the Day and continue with such preference until disposed of as provided by House Rule 502.
1. RESOLUTION, Proposing an Amendment to the Constitution of Maine To Establish a Right to a Healthy Environment (S.P. 196) (L.D. 489)
TABLED - May 19, 2021 (Till Later Today) by Representative DUNPHY of Old Town. PENDING - FINAL PASSAGE.
2. HOUSE DIVIDED REPORT - Majority (8) Ought to Pass as Amended by Committee Amendment "A" (H-192) - Minority (5) Ought Not to Pass - Committee on LABOR AND HOUSING on Bill "An Act Concerning Nondisclosure Agreements in Employment" (H.P. 711) (L.D. 965)
TABLED - June 2, 2021 (Till Later Today) by Representative SYLVESTER of Portland. PENDING - Motion of same Representative to ACCEPT the Majority OUGHT TO PASS AS AMENDED Report.
3. HOUSE DIVIDED REPORT - Report "A" (6) Ought to Pass as Amended by Committee Amendment "A" (H-428) - Report "B" (6) Ought Not to Pass - Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY on Bill "An Act To Provide Funds for Community-based Substance Use Disorder Treatment and Recovery Services and To Reduce by Half the Funding for the Maine Drug Enforcement Agency" (H.P. 954) (L.D. 1298)
TABLED - June 8, 2021 (Till Later Today) by Representative WARREN of Hallowell. PENDING - ACCEPTANCE OF EITHER REPORT.
4. HOUSE DIVIDED REPORT - Majority (8) Ought Not to Pass - Minority (5) Ought to Pass as Amended by Committee Amendment "A" (H-521) - Committee on AGRICULTURE, CONSERVATION AND FORESTRY on Bill "An Act To Establish A Maine Pesticide Sales and Use Registry" (H.P. 1188) (L.D. 1599)
TABLED - June 10, 2021 (Till Later Today) by Representative O'NEIL of Saco. PENDING - ACCEPTANCE OF EITHER REPORT.
5. HOUSE DIVIDED REPORT - Majority (12) Ought to Pass as Amended by Committee Amendment "A" (H-542) - Minority (1) Ought Not to Pass - Committee on INNOVATION, DEVELOPMENT, ECONOMIC ADVANCEMENT AND BUSINESS on Bill "An Act To Build a Child Care System by Recruiting and Retaining Maine's Early Childhood Educators Workforce" (H.P. 1223) (L.D. 1652)
TABLED - June 10, 2021 (Till Later Today) by Representative ROBERTS of South Berwick. PENDING - ACCEPTANCE OF EITHER REPORT.
6. HOUSE DIVIDED REPORT - Report "A" (8) Ought to Pass as Amended by Committee Amendment "A" (H-579) - Report "B" (4) Ought to Pass as Amended by Committee Amendment "B" (H-580) - Report "C" (1) Ought Not to Pass - Committee on HEALTH AND HUMAN SERVICES on Bill "An Act To End the Sale of Flavored Tobacco Products" (H.P. 1155) (L.D. 1550)
TABLED - June 14, 2021 (Till Later Today) by Representative MEYER of Eliot. PENDING - Motion of same Representative to ACCEPT Report "A" OUGHT TO PASS AS AMENDED.
7. SENATE DIVIDED REPORT - Majority (7) Ought to Pass as Amended by Committee Amendment "A" (S-327) - Minority (6) Ought to Pass as Amended by Committee Amendment "B" (S-328) - Committee on VETERANS AND LEGAL AFFAIRS on Bill "An Act Regarding Registered Dispensaries and Rules under the Maine Medical Use of Marijuana Act and the Definition of 'Resident' in the Marijuana Legalization Act" (EMERGENCY) (S.P. 425) (L.D. 1319)
- In Senate, Majority OUGHT TO PASS AS AMENDED Report READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (S-327). TABLED - June 17, 2021 (Till Later Today) by Representative CAIAZZO of Scarborough. PENDING - ACCEPTANCE OF EITHER REPORT.
8. An Act To Create the Pine Tree Power Company, a Nonprofit Utility, To Deliver Lower Rates, Reliability and Local Control for Maine Energy Independence (H.P. 1269) (L.D. 1708)
- In House, PASSED TO BE ENACTED on June 17, 2021. - In Senate, FAILED OF PASSAGE TO BE ENACTED in NON-CONCURRENCE. TABLED - June 18, 2021 (Till Later Today) by Representative DUNPHY of Old Town. PENDING - FURTHER CONSIDERATION.
_________________________________ SPECIAL STUDY TABLE
1. Joint Study Order, To Create a Working Group To Review the Process for Ongoing Review of Tax Expenditures by the Legislature (S.P. 578)
- In Senate, READ and PASSED. TABLED - June 8, 2021 by Representative DUNPHY of Old Town. (Pursuant to Joint Rule 353) PENDING - PASSAGE.
_________________________________ BILLS RECALLED FROM GOVERNOR
(Pursuant to Joint Order - House Paper 1291)
1. Resolve, To Improve the Individualized Education Program Process (H.P. 397) (L.D. 552)
- In House, FINALLY PASSED on June 7, 2021. - In Senate, FINALLY PASSED on June 8, 2021.
(Pursuant to Joint Order - House Paper 1292)
2. An Act To Include within the Definitions of "Public Employee" and "Judicial Employee" Those Who Have Been Employed for Less Than 6 Months (H.P. 580) (L.D. 775)
- In House, PASSED TO BE ENACTED on June 7, 2021. - In Senate, PASSED TO BE ENACTED on June 8, 2021.
(Pursuant to Joint Order - House Paper 1288)
3. An Act Relating to Fair Chance in Employment (H.P. 845) (L.D. 1167)
- In House, PASSED TO BE ENACTED on June 8, 2021. - In Senate, PASSED TO BE ENACTED on June 9, 2021.
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State of Maine http://legislature.maine.gov/HouseCalendar House Supplement No. 1
(1-1) The following Joint Resolution: (S.P. 585)
JOINT RESOLUTION MEMORIALIZING THE FEDERAL GOVERNMENT TO ESTABLISH A FEDERAL WAIVER PROCESS FOR STATES TO ESTABLISH A UNIVERSAL HEALTH CARE PLAN WE, your Memorialists, the Members of the One Hundred and Thirtieth Legislature of the State of Maine now assembled in the First Special Session, most respectfully present and petition the President of the United States and the United States Congress, as follows:
WHEREAS, the current system of health care coverage in the State does not provide universal coverage for all Maine residents; and
WHEREAS, health care coverage is often unaffordable and causes financial strain for many Maine residents;and
WHEREAS, every person in the State should have access to affordable and high-qualityhealth care;and
WHEREAS, there are significant barriers in federal law that affect the ability of individualstates to establish a universal health care plan to provide affordable and high-quality health care to all residents;and
WHEREAS, these state efforts are also hindered by a lack of federal support and financingto assist states interested in the establishment of a state-based universal health care plan; and
WHEREAS, proposed legislation was previously introduced in the 116th Congress, H.R. 5010, the State-Based Universal Health Care Act of 2019, and similar legislation is expected to be reintroduced in the 117th Congress that would establish a federal waiver for states interested in establishing a universal health care plan for residents; now,therefore, be it
RESOLVED: That We, your Memorialists, on behalf of the people we represent, take thisopportunity to respectfully request that the President of the United States and the United States Congress enact legislation to authorize states to obtain a state universal health care waiver; and be it further
RESOLVED: That suitable copies of this resolution, duly authenticated by the Secretary of State, be transmitted to the Honorable Joseph R. Biden, Jr., President of the United States; the President of the United States Senate; the Speaker of the United States House of Representatives; and each Member of the Maine Congressional Delegation.
Comes from the Senate, READ and ADOPTED.
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State of Maine http://legislature.maine.gov/HouseCalendar House Supplement No. 2
(4-1) On motion of Representative McCREIGHT of Harpswell, the following Joint Order: (H.P. 1297)
ORDERED, the Senate concurring, that Bill, "An Act To Expand Recovery Services to Persons on Probation," H.P. 626, L.D. 858, and all its accompanying papers, be recalled from the Governor's desk to the House.
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State of Maine http://legislature.maine.gov/HouseCalendar House Supplement No. 3
(2-1) The Following Communication: (H.C. 193)
and accompanying veto, item (2-2)
STATE OF MAINE OFFICE OF THE GOVERNOR 1 STATE HOUSE STATION AUGUSTA, MAINE 04333-0001
June 28, 2021
The 130th Legislature of the State of Maine State House Augusta, Maine
Dear Honorable Members of the 130th Legislature:
By the authority conferred by Article IV, Part Third, Section 2 of the Constitution of the State of Maine, I am hereby vetoing L.D. 1592, An Act to Remove Punishments for Sex Selling and Decrease Demand by Increasing Penalties for Sex Buying.
As Governor, as Attorney General, as a former defense attorney, and as a former District Attorney, I have long been concerned about the prevention of human trafficking, the prosecution of traffickers, and the protection of survivors.
Beginning in 2007, the Attorney General's Office hosted a Working Group on Human Trafficking, meeting with the US Attorney's Office, victim advocates, law enforcement, legislators, Immigration & Customs officials, Dept. of Justice Civil Rights personnel, and others.
In its 2010 report the working group determined that many in law enforcement were unaware of the true nature of human trafficking, so they helped develop a curriculum for the Maine Criminal Justice Academy, and this curriculum is now part of the mandatory field training for all law enforcement officers.
The group also encouraged more aggressive community education, including outreach to those most likely to encounter evidence of human trafficking - not just the police, but postal delivery people, real estate agents, cosmetologists, hair dressers, landlords and others who should be alert to signs that someone is being held to do the bidding of others.
The group recommended more training and awareness of human trafficking for prosecutors, judges, defense attorneys, as well as outreach to civic organizations, teachers, doctors, nurses and ambulance personnel.
With the help of the Criminal Law Advisory Commission, the Maine Criminal Code was amended to specifically define "human trafficking." It is now a Class B felony to traffic a person under the age of 18 or to compel prostitution by using force or threats or extortion or withholding alcohol or drugs to an addicted person, or withholding government IDs or threatening deportation.
Additionally, a law enacted in 2014 increases and mandates certain fines for human trafficking and allows survivors to access the Victims Compensation Fund administered by the Attorney General's Office.
As Attorney General, I used settlement funds to establish the first emergency safe-house for survivors of human trafficking. I also sponsored a public education outreach campaign to combat human trafficking, and I worked with other Attorneys General to pressure entities like Craigslist, Google, and Backpage.com to end human trafficking on their sites. I joined a multi-state coalition urging Congress to affirm law-enforcement authority to fight sex trafficking.
As Governor, I signed onto the U.S. Department of Transportation's "Transportation Leaders Against Human Trafficking" initiative that calls on the transportation industry to educate members on how to recognize and report signs of human trafficking and to raise awareness among the traveling public about human trafficking.
Additionally, my Administration has taken steps to address some of the underlying issues that affect human trafficking, including expanding Medicaid to provide health care services to more people, including victims of crime, and expanding access to treatment options generally for those who are struggling with addiction. The state budget includes additional funds for sexual assault services, and other bills enhance remedies and services for survivors of sex crimes and domestic violence.
The sponsor of L.D. 1592 has worked hard to address the problem of human trafficking, and I agree that we as a State and as a nation should continue to reduce human trafficking and protect survivors of human trafficking. However, I am not convinced that the approach of this bill is the best path forward.
L.D. 1592 proposes to eliminate penalties for a person engaging in prostitution, increase penalties for a person who engages with a prostitute, and set forth a process for a person who was previously convicted of engaging in prostitution to have their criminal record sealed. Currently engaging in prostitution is a Class E crime, but is punishable only with a fine, while engaging with a prostitute is Class E crime, absent other aggravating factors, and is punishable with jail time. L.D. 1592 would eliminate all penalties for engaging in prostitution and would make engaging a prostitute a Class D crime. (The bill would also increase the penalty for solicitation of a minor to engage in prostitution from a Class D to a Class C crime).
The testimony on this bill from survivors of human trafficking was divided. While some hope this bill will protect the survivors of human trafficking, a goal I share, others fear that sex traffickers will use decriminalization of prostitution as a way to entice more people into their trade; telling their victims that what they are doing is not a problem - a concern that I believe is also legitimate. The concern for the prevalence of human trafficking in Maine has rightly grown in recent years, in part as the Legislature has focused on this problem and police and prosecutors better recognize when a person is being compelled to engage in prostitution. This has allowed us to rightly begin viewing and treating the person as a survivor and provide that person with appropriate services - an approach that I believe is appropriate.
Another bill, L.D. 1455, which recently became law, and which conflicts with this bill, expands the affirmative defense of engaging in prostitution if the person did so to "prevent bodily injury, serious economic hardship or another threat to the person or another person." In my view, the approach taken under L.D. 1455 is a more measured approach for promoting both public safety and compassion for survivors of sex trafficking.
No state in the nation has fully legalized commercial sex work. Even in Nevada, known as the only state to have legal commercial sex work, prostitution is still illegal outside regulated designated facilities in a single county. By contrast, this bill would make Maine the first state in the nation to eliminate all penalties for engaging in sex for money.
While engaging in prostitution is not now a jailable offense in our state, and while courts and prosecutors strive to treat prostitution as a social services issue rather than a criminal problem, fully decriminalizing prostitution, I fear, will only increase demand and encourage the exploitation of young people by those who profit from the mistreatment of others, undermining the free will of those trapped in difficult and sometimes tragic circumstances.
For these reasons I return L.D. 1592 unsigned and vetoed and urge the Legislature to sustain this veto.
Sincerely,
S/Janet T. Mills Governor
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(2-2) The accompanying item An Act To Remove Punishments for Sex Selling and Decrease Demand by Increasing Penalties for Sex Buying (H.P. 1181) (L.D. 1592)
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State of Maine http://legislature.maine.gov/HouseCalendar House Supplement No. 4
Divided Report (6-1) Majority Report of the Committee on APPROPRIATIONS AND FINANCIAL AFFAIRS reporting Ought to Pass as Amended by Committee Amendment "A" (H-737) on Bill "An Act To Authorize General Fund Bond Issues To Improve Transportation and National Guard Infrastructure and To Promote the Conservation of Land, Working Waterfronts, Water Access and Outdoor Recreation" (H.P. 1265) (L.D. 1702) Signed: Senators: Representatives: Minority Report of the same Committee reporting Ought Not to Pass on same Bill.
Signed: Representative: _________________________________
State of Maine http://legislature.maine.gov/HouseCalendar House Supplement No. 5
(1-1) The following Joint Resolution: (S.P. 586)
JOINT RESOLUTION EXPRESSING THE HOPE FOR A SWIFT CONCLUSION TO NEGOTIATIONS WITH THE MAINE SERVICE EMPLOYEES ASSOCIATION
WHEREAS,the State, in conjunction with the Maine Service Employees Association, engaged The Segal Group, Inc. to conduct a comprehensive market assessment of the State’sexecutive branch jobs; and
WHEREAS, the study covered market data reflective of 10 public sector employers as well as New England private sector market data, including base pay ranges and compensation practices;and
WHEREAS, the study found that the State’s base pay is consistently below the marketaverage at the pay range minimum, midpoint and maximum, with the gap ranging from 13 percent to 17 percent of the overall market average; and
WHEREAS, the Maine Service Employees Association, Local 1989 of the Service Employees International Union, represents more than 12,000 Maine workers;and
WHEREAS, the contract renewal process for these workers is currently underway, and there is an opportunity for the pay gap to be addressed; now, therefore, be it
RESOLVED: That We, the Members of the One Hundred and Thirtieth Legislature now assembled in the First Special Session, on behalf of the people we represent, take this opportunity to express our hope for a swift conclusion to the negotiations with Local 1989 of the Service Employees International Union and our hope that progress is made on closing the pay gap highlighted in the recent study.
Comes from the Senate, READ and ADOPTED.
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State of Maine http://legislature.maine.gov/HouseCalendar House Supplement No. 6
(1-1) The following Joint Order: (S.P. 587)
ORDERED, the House concurring, that Bill, “An Act To Provide Equal Access to the Benefits of the Maine Food Sovereignty Act,” S.P. 306, L.D. 954, and all its accompanying papers, be recalled from the Governor’s desk to the Senate.
Comes from the Senate, READ and PASSED.
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State of Maine http://legislature.maine.gov/HouseCalendar House Supplement No. 7
ORDERS OF THE DAY HOUSE CALENDAR
BILLS RECALLED FROM GOVERNOR
(Pursuant to Joint Order - House Paper 1297)
1. An Act To Limit Reincarceration for Persons on Probation (H.P. 626) (L.D. 858)
- In House, PASSED TO BE ENACTED on June 17, 2021. - In Senate, PASSED TO BE ENACTED on June 17, 2021.
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State of Maine http://legislature.maine.gov/HouseCalendar House Supplement No. 8
(1-1) Bill "An Act To Ensure Parents' Access to Their Minor and Adult Children with Special Needs" (EMERGENCY) (H.P. 739) (L.D. 1001)
PASSED TO BE ENGROSSED AS AMENDED BY HOUSE AMENDMENT "A" (H-636) in the House on June 16, 2021.
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" (H-529) in NON-CONCURRENCE.
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(1-2) Resolve, Establishing the Commission To Research Effective Strategies and Efficiencies of Legislatures (S.P. 341) (L.D. 1073)
PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (S-199) in the House on June 17, 2021.
Comes from the Senate with that Body having INSISTED on its former action whereby the Resolve was PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (S-199) AS AMENDED BY SENATE AMENDMENT "A" (S-333) thereto in NON-CONCURRENCE.
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State of Maine http://legislature.maine.gov/HouseCalendar House Supplement No. 9
(2-1) The Following Communication: (S.C. 691)
130TH LEGISLATURE
June 30, 2021
Honorable Ryan Fecteau Speaker of the House 2 State House Station Augusta, ME 04333-0002
Dear Speaker Fecteau:
In accordance with 3 M.R.S.A. §158 and Joint Rule 506 of the 130th Maine Legislature, please be advised that the Senate today confirmed the following nomination:
Upon the recommendation of the Committee on Agriculture, Conservation and Forestry, Peter Pray of Millinocket for reappointment to the Maine Land Use Planning Commission.
Best Regards,
S/Darek M. Grant Secretary of the Senate
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State of Maine http://legislature.maine.gov/HouseCalendar House Supplement No. 10
Divided Report (6-1) Majority Report of the Committee on HEALTH AND HUMAN SERVICES reporting Ought to Pass as Amended by Committee Amendment "A" (S-97) on Bill "An Act To Provide Maine Children Access to Affordable Health Care" (S.P. 158) (L.D. 372) Signed: Senators: Representatives: Minority Report of the same Committee reporting Ought to Pass as Amended by Committee Amendment "B" (S-98) on same Bill.
Signed: Senator: Representatives: Comes from the Senate with the Minority OUGHT TO PASS AS AMENDED Report READ and ACCEPTED and the Bill and accompanying papers COMMITTED to the Committee on HEALTH AND HUMAN SERVICES.
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State of Maine http://legislature.maine.gov/HouseCalendar House Supplement No. 11
(1-1) Bill "An Act To Improve the Health of Maine Residents by Closing Coverage Gaps in the MaineCare Program and the Children's Health Insurance Program" (H.P. 529) (L.D. 718)
Majority (8) 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-630) in the House on June 15, 2021.
Comes from the Senate with the Bill and accompanying papers COMMITTED to the Committee on HEALTH AND HUMAN SERVICES in NON-CONCURRENCE.
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State of Maine http://legislature.maine.gov/HouseCalendar House Supplement No. 12
Acts (10-1) An Act To Facilitate Maine's Climate Goals by Encouraging Use of Electric Vehicles (H.P. 245) (L.D. 347) (10-2) An Act To Amend the Law Regarding Advance Health Care Directives (H.P. 822) (L.D. 1144) (10-3) An Act To Keep All Maine Students Safe by Restricting the Use of Seclusion and Restraint in Schools (H.P. 1007) (L.D. 1373)
Reported by the Committee on Engrossed Bills as truly and strictly engrossed.
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State of Maine http://legislature.maine.gov/HouseCalendar House Supplement No. 13
Emergency Measure
(10-1) An Act Making Unified Appropriations and Allocations for the Expenditures of State Government, General 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, 2021, June 30, 2022 and June 30, 2023 (H.P. 156) (L.D. 221)
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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State of Maine http://legislature.maine.gov/HouseCalendar House Supplement No. 14
Bond Issue
(10-1) An Act To Authorize a General Fund Bond Issue To Improve Transportation (H.P. 1265) (L.D. 1702)
Reported by the Committee on Engrossed Bills as truly and strictly engrossed. In accordance with the provisions of Section 14 of Article IX of the Constitution, a two-thirds vote of the House necessary.
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State of Maine http://legislature.maine.gov/HouseCalendar House Supplement No. 15
(2-1) The Following Communication: (S.C. 692)
MAINE SENATE 130TH LEGISLATURE
June 30, 2021
Honorable Robert B. Hunt Clerk of the House 2 State House Station Augusta, ME 04333
Dear Clerk Hunt:
Senate Paper 58, Legislative Document 125, “An Act To Prohibit the Aerial Spraying of Glyphosate and Other Synthetic Herbicides for the Purpose of Silviculture,” having been returned by the Governor, together with objections to the same, pursuant to Article IV, Part Third, Section 2 of the Constitution of the State of Maine, after reconsideration, the Senate proceeded to vote on the question: “Shall this Bill become a law notwithstanding the objections of the Governor?”
18 voted in favor and 16 against, and accordingly it was the vote of the Senate that the Bill not become a law and the veto was sustained.
Best Regards,
S/Darek M. Grant Secretary of the Senate
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State of Maine http://legislature.maine.gov/HouseCalendar House Supplement No. 16
Emergency Measure
(10-1) Resolve, Establishing the Commission To Research Effective Strategies and Efficiencies of Legislatures (S.P. 341) (L.D. 1073)
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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State of Maine http://legislature.maine.gov/HouseCalendar House Supplement No. 17
(1-1) An Act To Preserve Deer Habitat (H.P. 288) (L.D. 404)
PASSED TO BE ENACTED in the House on June 7, 2021.
Comes from the Senate PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-254) AS AMENDED BY SENATE AMENDMENT "B" (S-354) thereto in NON-CONCURRENCE.
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State of Maine http://legislature.maine.gov/HouseCalendar House Supplement No. 18
Emergency Measure
(10-1) Resolve, To Create the Commission To Examine Reestablishing Parole (H.P. 610) (L.D. 842)
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 Create the Pine Tree Power Company, a Nonprofit Utility, To Deliver Lower Rates, Reliability and Local Control for Maine Energy Independence (H.P. 1269) (L.D. 1708)
Reported by the Committee on Engrossed Bills as truly and strictly engrossed.
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Resolves (10-3) Resolve, To Improve the Individualized Education Program Process (H.P. 397) (L.D. 552)
Reported by the Committee on Engrossed Bills as truly and strictly engrossed.
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State of Maine http://legislature.maine.gov/HouseCalendar House Supplement No. 19
Acts (10-1) An Act To Limit Reincarceration for Persons on Probation (H.P. 626) (L.D. 858) (10-2) An Act Relating to Fair Chance in Employment (H.P. 845) (L.D. 1167) (10-3) An Act To Amend Maine's Harness Racing Laws Regarding Race Dates and Pari-mutuel Pools (H.P. 1200) (L.D. 1611)
Reported by the Committee on Engrossed Bills as truly and strictly engrossed.
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