CLERK'S OFFICE
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The House CalendarThe Advance Journal and Calendar of the House of Representatives Tuesday, February 7, 2023
Calling of the House to Order by the Speaker.
Prayer by Reverend Susan Stonestreet, The Federated Church of Thomaston.
National Anthem by Cony Concert Choir, Cony High School, Augusta.
Pledge of Allegiance.
Reading of the Journal of Thursday, February 2, 2023. _________________________________
(1-1) The following Joint Resolution: (S.P. 98)
JOINT RESOLUTION RECOGNIZING APRIL 18, 2023 AS WORLD AMATEUR RADIO DAY
WHEREAS,amateur radio provides a bridge between people, societies and countries by creating friendships and sharing ideas;and
WHEREAS, amateur radio communication has evolved from crude spark-gap technologyto true digital communication, integrating the use of computers and radio to communicate locally as well as worldwide, and amateur radio operators are continually pushing technical boundaries through experimentation and innovation; and
WHEREAS, on April 18, 1925, the International Amateur Radio Union was founded, which illustrates how international cooperation and communication are hallmarks of amateur radio;and
WHEREAS, the International Amateur Radio Union has given amateur radio a voice in developing international agreements that allow amateurs to communicate over international borders;and
WHEREAS, there are more than 2,500,000 amateur radio operators worldwide, with nearly 780,000 in the United States and approximately 4,500 in the State of Maine;and
WHEREAS, each year on April 18th, amateur radio operators throughout the world celebrate World Amateur Radio Day and sponsor special events to promote and publicizeamateur radio;and
WHEREAS, amateur radio is a licensed service for noncommercial use and, during emergencies or natural disasters, such as the ice storm of 1998, Hurricane Katrina, the Boston Marathon bombing and countless other emergency situations, is often the only dependable way to communicate locally or internationally; and
WHEREAS, many Maine amateur radio operators serve their local and county emergency management agencies by training and holding exercises to prepare for when their skills are needed during times of emergency; and
WHEREAS, amateur radio operators volunteer their equipment and time to provide this valuable service, and Maine amateur radio operators routinely provide public servicecommunications for such events as the Dempsey Challenge, the Trek Across Maine, the TD Beach to Beacon 10K Road Race, the New England Forest Rally, the Kenduskeag Stream Canoe Race, the Can‑Am Crown International Sled Dog Race, the Loon Echo Bike Trek, the Mount Desert Island Marathon and the Northwoods Gravel Grind; now, therefore, be it
RESOLVED: That We, the Members of the One Hundred and Thirty-first Legislature now assembled in the First Regular Session, on behalf of the people we represent, take this opportunity to recognize and acknowledge the accomplishments and public service providedby amateur radio operators as they celebrate World Amateur Radio Day on the 98th anniversary of the founding of the International Amateur Radio Union; and be it further
RESOLVED: That suitable copies of this resolution, duly authenticated by the Secretary of State, be transmitted to the American Radio Relay League and the International Amateur Radio Union.
Comes from the Senate, READ and ADOPTED.
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(1-2) Bill "An Act to Address Certain Local Zoning Ordinances" (S.P. 178) (L.D. 371)
Joint Select Committee on HOUSING suggested and ordered printed.
Comes from the Senate, REFERRED to the Committee on STATE AND LOCAL GOVERNMENT and ordered printed.
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(2-1) The Following Communication: (H.C. 60)
SENATE OF MAINE 131ST LEGISLATURE OFFICE OF THE PRESIDENT
February 2, 2023
Honorable Robert B. Hunt Clerk of the House 2 State House Station Augusta, ME 04333
Dear Clerk Hunt:
Pursuant to my authority under Title 22, MRSA, §3883, I am pleased to reappoint Senator Marianne Moore to the Maine Children’s Trust Incorporated, representing a member of the Senate.
Please let me know if you have any questions regarding this appointment.
Sincerely,
S/Troy D. Jackson President of the Senate
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(2-2) The Following Communication: (H.C. 61)
SENATE OF MAINE 131ST LEGISLATURE OFFICE OF THE PRESIDENT
February 2, 2023
Honorable Robert B. Hunt Clerk of the House 2 State House Station Augusta, ME 04333
Dear Clerk Hunt:
Pursuant to my authority under Title 5, MRSA, §3371, I am pleased to reappoint Senator Chip Curry to the Maine Fire Protection Services Commission. With this appointment, he will be serving in seat number one on the commission, effective the date of this letter.
Please let me know if you have any questions regarding this appointment.
Sincerely,
S/Troy D. Jackson President of the Senate
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(2-3) The Following Communication: (H.C. 62)
SENATE OF MAINE 131ST LEGISLATURE OFFICE OF THE PRESIDENT
February 2, 2023
Honorable Robert B. Hunt Clerk of the House 2 State House Station Augusta, ME 04333
Dear Clerk Hunt:
Pursuant to my authority under Title 5, MRSA, §3371, I am pleased to appoint Senator Matthew Harrington to the Maine Fire Protection Services Commission. This appointment is effective the date of this letter.
Please let me know if you have any questions regarding this appointment.
Sincerely,
S/Troy D. Jackson President of the Senate
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(2-4) The Following Communication: (H.C. 58)
MAINE CONNECTIVITY AUTHORITY STATE OF MAINE 59 STATE HOUSE STATION AUGUSTA, MAINE 04333
January 31, 2023
Honorable Troy D. Jackson President of the Senate 3 State House Station Augusta, Maine 04333
Honorable Rachel Talbot Ross Speaker of the House 2 State House Station Augusta, Maine 04333
Greetings President Jackson and Speaker Talbot Ross,
Please see the attached annual report to the legislature as required by statute. In summary, I am excited to report that
● Since 2018, Maine has funded $98M of broadband projects covering 64,000 locations, with the bulk of those in the last 18 months. ● On January 20th, 2023, The MCA board approved $34M of grants (the single largest investment for broadband in Maine ever) to 12 regional scale public-private partnerships through the first round of our Connect the Ready infrastructure grants. These awards will provide service to 16,000 locations by 2025 and leverage $17M of private investment. ● MCA is currently deploying and managing $195M in funding while facilitating federally mandated planning processes to inform an additional infusion of funds expected to be approximately $230M. ● MCA has contracted with and is supporting Regional & Tribal Broadband partners from every region in the State to coordinate this planning work with a focus around digital equity. These thirteen organizations are great resources for you and your constituents. ● In January 2023 the Maine Connectivity Authority filed 129,000 location and availability challenges (20% of all serviceable broadband locations in the state) where the Federal Communications Commission (FCC) thought there was service, but MCA contends there is not any. The maps that result from the challenge process will form the basis for the federal BEAD funding allocations.
In addition to the primary report please see the related appendices - many of which have been hyper linked in this document for your ease of reference.
S/Andrew Butcher, President
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(2-5) The Following Communication: (H.C. 59)
MAINE PORT AUTHORITY 460 Commercial Street PORTLAND, ME 04101 January 30, 2023
Honorable Troy D. Jackson President of the Senate 3 State House Station Augusta, Maine 04333
Honorable Rachel Talbot Ross Speaker of the House 2 State House Station Augusta, Maine 04333
Dear President Jackson and Speaker Talbot Ross:
Pursuant to 5 M.R.S.A., Section 12023, please consider this the letter of transmittal for the required FY 2022 report from the Maine Port Authority due by February 1, 2023.
Please contact me if you have any questions or need additional information.
Thank you.
Sincerely,
S/Matthew B. Burns Executive Director
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(2-6) The Following Communication: (H.C. 63)
STATE OF MAINE HOUSE OF REPRESENTATIVES SPEAKER'S OFFICE AUGUSTA, MAINE 04333-0002
February 7, 2023
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 February 3, 2023
Glenn W. Burroughs of Winthrop and Penny Picard of Palmyra for reappointment to the Workers’ Compensation Board. Pursuant to Title 39-A, MRSA §151, these reappointments are contingent on the Maine State Senate’s confirmation after review by the Joint Standing Committee on Labor and Housing.
Holly Pomelow of Vassalboro, Susan P. Herman, Esquire of Mount Vernon, Avery T. Day, Esquire of Yarmouth, Ryan D. Pelletier of St. Agatha and Arthur Kyricos II of York Harbor for appointment to the State Civil Service Appeals Board. Pursuant to 5 MRSA §7081, these appointments are contingent on the Maine State Senate’s confirmation after review by the Joint Standing Committee on State and Local Government.
James P. Norris of Winthrop and Barbara M. Trafton of Brunswick for reappointment to the Land for Maine’s Future Board. Pursuant to Title 5, MRSA §6204, these reappointments are contingent on the Maine State Senate's confirmation after review by the Joint Standing Committee on Agriculture, Conservation and Forestry.
Jessica D. Linzer (a/k/a Jessica D. Simpson) of Cape Elizabeth for reappointment and Matthew Stephen Colpitts of Winthrop for appointment to the Maine Retirement Savings Board. Pursuant to 5 MRSA §172, this reappointment and appointment are contingent on the Maine State Senate’s confirmation after review by the Joint Standing Committee on Health Coverage, Insurance and Financial Services.
Sincerely,
S/Rachel Talbot Ross Speaker of the House
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(2-7) The Following Communication: (H.C. 64)
STATE OF MAINE CONNECTME AUTHORITY 78 STATE HOUSE STATION AUGUSTA, MAINE 04333-0078
January 31, 2023
Honorable Troy D. Jackson President of the Senate 3 State House Station Augusta, Maine 04333
Honorable Rachel Talbot Ross Speaker of the House 2 State House Station Augusta, Maine 04333
Dear President Jackson and Speaker Talbot Ross:
Pursuant to 5 M.R.S.A., Section 12023, please consider this the letter of transmittal for the required report from the CDS Annual Legislation Report due by February 1, 2023.
Please contact me if you have any questions or need additional information.
Thank you.
Sincerely,
S/Dr. Roberta Lucas CDS Director
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PETITIONS, BILLS AND RESOLVES REQUIRING REFERENCE (3-1) Resolve, Authorizing the Department of Administrative and Financial Services to Convey the Interests of the State in Certain Real Property Located in Machiasport (H.P. 316) (L.D. 501)
Sponsored by Representative STOVER of Boothbay. Submitted by the Department of Administrative and Financial Services pursuant to Joint Rule 204. Committee on AGRICULTURE, CONSERVATION AND FORESTRYsuggested and ordered printed.
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(3-2) Bill "An Act to Establish a Statewide Relinquished Firearms Inventory" (H.P. 310) (L.D. 493)
Sponsored by Representative CRAFTS of Newcastle. Cosponsored by Representatives: BOYLE of Gorham, DOUDERA of Camden, MURPHY of Scarborough, SALISBURY of Westbrook. Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY suggested and ordered printed.
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(3-3) Resolve, Directing the Department of Education, Maine School Safety Center to Convene a Stakeholder Group to Develop Best Practices for Lockdown Drills and Allowing Parents to Opt Out of Lockdown Drills for Their Children (H.P. 294) (L.D. 477)
Sponsored by Representative MILLETT of Cape Elizabeth. Cosponsored by Senator CARNEY of Cumberland and Representatives: DODGE of Belfast, DOUDERA of Camden, GRAMLICH of Old Orchard Beach, SACHS of Freeport, ZAGER of Portland, Senator: INGWERSEN of York. (3-4) Resolve, to Amend the Rules Regarding Athletic Director Qualifications (H.P. 302) (L.D. 485)
Sponsored by Representative NEWMAN of Belgrade. Cosponsored by Representative O'CONNELL of Brewer, Senator HARRINGTON of York and Representatives: FOSTER of Dexter, LANDRY of Farmington, NESS of Fryeburg, PARRY of Arundel, SAMPSON of Alfred. (3-5) Bill "An Act to Provide Equal Educational Opportunity by Adopting Rules Ensuring Nondiscrimination on the Basis of Protected Class Status in Educational Institutions" (H.P. 306) (L.D. 489)
Sponsored by Representative BRENNAN of Portland. Cosponsored by Senator HICKMAN of Kennebec and Representatives: DODGE of Belfast, HOBBS of Wells, PERRY of Calais, RANA of Bangor, RECKITT of South Portland, Speaker TALBOT ROSS of Portland, Senators: PIERCE of Cumberland, RAFFERTY of York. Committee on EDUCATION AND CULTURAL AFFAIRS suggested and ordered printed.
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(3-6) Bill "An Act to Encourage Economic Development Through the Manufacture and Use of Marine Nuclear Power Modules" (H.P. 303) (L.D. 486)
Sponsored by Representative CAMPBELL of Orrington. Cosponsored by Senator LYFORD of Penobscot and Representatives: BABIN of Fort Fairfield, FOSTER of Dexter, NUTTING of Oakland, RUDNICKI of Fairfield, SOBOLESKI of Phillips, THORNE of Carmel. (3-7) Bill "An Act to Address Solar Energy Development Decommissioning" (H.P. 313) (L.D. 496)
Sponsored by Representative BOYLE of Gorham. Cosponsored by Senator LAWRENCE of York and Representatives: BELL of Yarmouth, CRAFTS of Newcastle, DOUDERA of Camden, GEIGER of Rockland, ZEIGLER of Montville. Committee on ENERGY, UTILITIES AND TECHNOLOGY suggested and ordered printed.
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(3-8) Bill "An Act to Develop and Enforce Mandatory Recycling of All Solar and Wind Projects" (H.P. 283) (L.D. 466)
Sponsored by Representative WOODSOME of Waterboro. (3-9) Bill "An Act to Improve Coastal Sand Dune Restoration Projects" (H.P. 295) (L.D. 478)
Sponsored by Representative GRAMLICH of Old Orchard Beach. Cosponsored by Senator BRENNER of Cumberland and Representatives: COPELAND of Saco, O'NEIL of Saco, SAYRE of Kennebunk, Senators: BAILEY of York, BENNETT of Oxford. Committee on ENVIRONMENT AND NATURAL RESOURCES suggested and ordered printed.
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(3-10) Resolve, to Ensure Continued MaineCare Coverage for Persons Formerly in Foster Care Until They Attain 27 Years of Age (H.P. 280) (L.D. 463)
Sponsored by Representative MADIGAN of Waterville. Cosponsored by Senator BEEBE-CENTER of Knox and Representatives: SHAGOURY of Hallowell, SUPICA of Bangor, Senators: BALDACCI of Penobscot, LaFOUNTAIN of Kennebec. (3-11) Bill "An Act to Eliminate Waiting Lists for Community-based Services for People with Autism Spectrum Disorder, Intellectual Disability, Brain Injury or Other Related Conditions" (EMERGENCY) (H.P. 281) (L.D. 464)
Sponsored by Representative OSHER of Orono. Cosponsored by Senator MOORE of Washington and Representatives: GATTINE of Westbrook, JAUCH of Topsham, PERRY of Bangor, SHAGOURY of Hallowell, WARREN of Scarborough, WILLIAMS of Bar Harbor, Senator: TIPPING of Penobscot. (3-12) Bill "An Act to Provide for an Electronic Permit for the Disposition of Human Remains" (H.P. 282) (L.D. 465)
Sponsored by Representative THORNE of Carmel. (3-13) Bill "An Act to Provide Funding for a Diabetes Education Program" (H.P. 286) (L.D. 469)
Sponsored by Representative SAYRE of Kennebunk. Cosponsored by Senator RAFFERTY of York and Representatives: COPELAND of Saco, GRAMLICH of Old Orchard Beach. (3-14) Bill "An Act to Support Certified Community Behavioral Health Clinic Projects" (H.P. 289) (L.D. 472)
Sponsored by Representative MADIGAN of Waterville. Cosponsored by Representatives: LEMELIN of Chelsea, SHAGOURY of Hallowell, WHITE of Waterville, Senators: BALDACCI of Penobscot, LaFOUNTAIN of Kennebec. (3-15) Resolve, to Expand the Eligibility for and Increase the Number of Hours of Applied Behavior Analysis Services Authorized by the MaineCare Program (H.P. 290) (L.D. 473)
Sponsored by Representative CRAVEN of Lewiston. Cosponsored by Representatives: ARFORD of Brunswick, COLLINGS of Portland, LAJOIE of Lewiston, MALON of Biddeford, SHAGOURY of Hallowell, STOVER of Boothbay, ZAGER of Portland. (3-16) Bill "An Act to Improve Collaboration Between Mandatory Reporters and Law Enforcement in the Investigation of Alleged Child Abuse and Neglect" (H.P. 291) (L.D. 474)
Sponsored by Representative MEYER of Eliot. Submitted by the Department of Health and Human Services pursuant to Joint Rule 204. (3-17) Bill "An Act to Simplify and Clarify the Licensing of Assisted Housing Facilities" (H.P. 292) (L.D. 475)
Sponsored by Representative MEYER of Eliot. Submitted by the Department of Health and Human Services pursuant to Joint Rule 204. (3-18) Bill "An Act to Amend the Laws Governing the Membership of the Palliative Care and Quality of Life Interdisciplinary Advisory Council" (H.P. 296) (L.D. 479)
Sponsored by Representative CRAVEN of Lewiston. Cosponsored by Senator MOORE of Washington and Representatives: GRAHAM of North Yarmouth, KUHN of Falmouth, LAJOIE of Lewiston, LEE of Auburn, SHAGOURY of Hallowell. (3-19) Bill "An Act to Designate the Department of Health and Human Services as the Implementing Department of the Lead-safe Housing Registry" (H.P. 307) (L.D. 490)
Sponsored by Representative CRAVEN of Lewiston. Submitted by the Department of Health and Human Services pursuant to Joint Rule 204. (3-20) Bill "An Act Regarding Investigations of Out-of-home Child Abuse and Neglect" (H.P. 312) (L.D. 495)
Sponsored by Representative MEYER of Eliot. Submitted by the Department of Health and Human Services pursuant to Joint Rule 204. Committee on HEALTH AND HUMAN SERVICES suggested and ordered printed.
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(3-21) Bill "An Act to Allow the Deferral of a Moose Hunting Permit If More than One Permit Is Awarded Within the Same Household" (H.P. 298) (L.D. 481)
Sponsored by Representative DILL of Old Town. Cosponsored by Representatives: LANDRY of Farmington, MASON of Lisbon, THORNE of Carmel, WOOD of Greene, Senator: BLACK of Franklin. (3-22) Bill "An Act to Extend the Time for Youth Deer Hunting" (H.P. 299) (L.D. 482)
Sponsored by Representative WOODSOME of Waterboro. Cosponsored by Representatives: LANDRY of Farmington, THORNE of Carmel, Senator: LaFOUNTAIN of Kennebec. (3-23) Resolve, to Require the Department of Inland Fisheries and Wildlife to Develop a Plan for Communication Regarding Certain Municipal Regulation (H.P. 308) (L.D. 491)
Sponsored by Representative WOOD of Greene. Cosponsored by Representatives: LANDRY of Farmington, MASON of Lisbon. (3-24) Bill "An Act to Prohibit the Use of Personal Watercraft on Keyes Pond and Stearns Pond in the Town of Sweden" (H.P. 314) (L.D. 497)
Sponsored by Representative MILLETT of Waterford. Cosponsored by Senator BENNETT of Oxford. Committee on INLAND FISHERIES AND WILDLIFE suggested and ordered printed.
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(3-25) Bill "An Act Regarding Regional Law Libraries" (H.P. 285) (L.D. 468)
Sponsored by Representative MORIARTY of Cumberland. Submitted by the Judicial Department pursuant to Joint Rule 204. (3-26) Bill "An Act to Amend the Law Regarding Court Locations" (H.P. 293) (L.D. 476)
Sponsored by Representative MORIARTY of Cumberland. Submitted by the Judicial Department pursuant to Joint Rule 204. (3-27) Bill "An Act to Conform State Funding to the Federal Hyde Amendment, Limiting Funding for Some Abortion Services" (H.P. 311) (L.D. 494)
Sponsored by Representative JAVNER of Chester. Cosponsored by Senator GUERIN of Penobscot and Representatives: ARDELL of Monticello, BABIN of Fort Fairfield, CARMICHAEL of Greenbush, GRIFFIN of Levant, LEMELIN of Chelsea, PAUL of Winterport. Committee on JUDICIARY suggested and ordered printed.
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(3-28) Bill "An Act to Amend the Laws Governing Retirement Benefit Reductions for Certain Employees Currently Included in the 1998 Special Plan" (H.P. 300) (L.D. 483)
Sponsored by Representative PLUECKER of Warren. Cosponsored by President JACKSON of Aroostook and Representatives: LOOKNER of Portland, MILLIKEN of Blue Hill, ROEDER of Bangor, SALISBURY of Westbrook, Senators: BEEBE-CENTER of Knox, TIPPING of Penobscot. Committee on LABOR AND HOUSING suggested and ordered printed.
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(3-29) Bill "An Act to Establish Coastal Waters and Submerged Lands Regional Planning Commissions" (H.P. 304) (L.D. 487)
Sponsored by Representative WILLIAMS of Bar Harbor. Cosponsored by Representatives: DODGE of Belfast, GRAHAM of North Yarmouth, MILLIKEN of Blue Hill, WARREN of Scarborough. Committee on MARINE RESOURCES suggested and ordered printed.
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(3-30) Bill "An Act to Make Necessary Changes to State Law" (H.P. 288) (L.D. 471)
Sponsored by Representative TERRY of Gorham. (3-31) Bill "An Act to Prevent a Conflict of Interest in State Elections by Requiring the Secretary of State to Resign Before Running for Elected Office" (H.P. 301) (L.D. 484)
Sponsored by Representative ANDREWS of Paris. Cosponsored by Senator BRAKEY of Androscoggin and Representatives: BOYER of Poland, COLLINGS of Portland, DRINKWATER of Milford, GREENWOOD of Wales, HYMES of Waldo, RISEMAN of Harrison, RUDNICKI of Fairfield, SUPICA of Bangor. Committee on STATE AND LOCAL GOVERNMENT suggested and ordered printed.
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(3-32) Bill "An Act to Require Accessible Electric Vehicle Charging Stations" (H.P. 284) (L.D. 467)
Sponsored by Representative SACHS of Freeport. Cosponsored by Representative: WILLIAMS of Bar Harbor. (3-33) Bill "An Act to Clarify Laws Regarding the Placement of Signs on Public Ways" (H.P. 297) (L.D. 480)
Sponsored by Representative NEWMAN of Belgrade. Cosponsored by Senator HARRINGTON of York and Representatives: LANDRY of Farmington, SAMPSON of Alfred. (3-34) Bill "An Act to Amend the Laws Governing Supplemental Guide Signs on Highways for Colleges and Universities" (H.P. 305) (L.D. 488)
Sponsored by Representative WILLIAMS of Bar Harbor. Cosponsored by Representatives: EATON of Deer Isle, MILLIKEN of Blue Hill, OSHER of Orono, PERRY of Calais, SUPICA of Bangor, ZAGER of Portland.
Committee on TRANSPORTATION suggested and ordered printed.
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(3-35) Bill "An Act to Assist Persons Experiencing Homelessness in Areas of High Rent by Seeking a Waiver from the Federal Government" (H.P. 279) (L.D. 462)
Sponsored by Representative MADIGAN of Waterville. Cosponsored by Senator CHIPMAN of Cumberland and Representatives: LOOKNER of Portland, SUPICA of Bangor, Senator: BEEBE-CENTER of Knox. (3-36) Bill "An Act to Support Lead Abatement in Older Residential Properties" (EMERGENCY) (H.P. 287) (L.D. 470)
Sponsored by Representative CLOUTIER of Lewiston. Cosponsored by Senator BAILEY of York and Representatives: ABDI of Lewiston, DHALAC of South Portland, FAY of Raymond, LaROCHELLE of Augusta, LEE of Auburn, Senators: DUSON of Cumberland, ROTUNDO of Androscoggin. (3-37) Bill "An Act to Repurpose Vacant Shopping Mall and Retail Space to Mixed-use Housing and Retail" (H.P. 309) (L.D. 492)
Sponsored by Representative CAMPBELL of Orrington. Cosponsored by Senator LYFORD of Penobscot and Representatives: BABIN of Fort Fairfield, DILL of Old Town, FOSTER of Dexter, RUDNICKI of Fairfield, SOBOLESKI of Phillips, THORNE of Carmel.
Joint Select Committee on HOUSING suggested and ordered printed.
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(4-1) On motion of Speaker TALBOT ROSS of Portland, the following Joint Resolution: (H.P. 315) (Cosponsored by Senator DUSON of Cumberland and Representatives: ABDI of Lewiston, ARATA of New Gloucester, DHALAC of South Portland, RANA of Bangor, SALISBURY of Westbrook, STOVER of Boothbay, SUPICA of Bangor, Senator: HICKMAN of Kennebec)
JOINT RESOLUTION COMMEMORATING THE DEATH OF TYRE NICHOLS
WHEREAS, on January 7, 2023, police officers in Memphis, Tennessee used severe and unrestrained force against Tyre Nichols, who was stopped for alleged reckless driving, resulting in his death in the hospital 3 days after the encounter; and
WHEREAS, Tyre Nichols was a man who was a respected member of his community, a caring man with a generous heart and a loving son and father; and
WHEREAS, the use of excessive force during an arrest or investigatory stop constitutes an unreasonable seizure under the 4th Amendment to the United States Constitution, which guarantees the right of every person in the United States to be free from unreasonable searches and seizures at the hands of law enforcement officers;and
WHEREAS, the use of excessive force during a period of pretrial detention constitutes the deprivation of due process under the 5th and 14th Amendments to the United StatesConstitution, which guarantee the right of every person in the United States to be free from arbitrary interference with the liberty of that person at the hands of law enforcement officers; and
WHEREAS, the use of excessive force during a term of imprisonment constitutes the useof cruel and unusual punishment under the 8th Amendment to the United States Constitution, which guarantees the right of every person in the United States to be free from cruel and unusual punishment at the hands of law enforcement officers; and
WHEREAS, Section 1979 of the Revised Statutes of the United States, which is alsocodified as 42 United States Code, Section 1983 and which is derived from the first section of the Act of April 20, 1871, commonly known as and referred to in this preamble as "the Civil Rights Act of 1871," makes liable "every person," including a police officer, corrections officer or other law enforcement officer, who, under color of law, deprives another person of civil rights;and
WHEREAS, the intent of the United States Congress in enacting the Civil Rights Act of1871 was to hold state and local law enforcement officers accountable for intimidating, harming and murdering African American people in the United States after the Civil War;and
WHEREAS, the United States Government has established itself as a government of lawsbut will cease to be so if it does not furnish a viable remedy for all civil rights violations; now, therefore, be it
RESOLVED: That We, the Members of the One Hundred and Thirty-first Legislature now assembled in the First Regular Session, on behalf of the people we represent, pause in our deliberations to express the Legislature's strong disapproval of state-sanctioned violence;and be it further
RESOLVED: That we mourn and commemorate the death of Tyre Nichols and extend to all his family and friends our deepest condolences.
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(4-2) On motion of Representative STOVER of Boothbay, the following Joint Resolution: (H.P. 317) (Cosponsored by Representatives: ABDI of Lewiston, ADAMS of Lebanon, ANDREWS of Paris, ANKELES of Brunswick, ARATA of New Gloucester, ARDELL of Monticello, ARFORD of Brunswick, BABIN of Fort Fairfield, BAGSHAW of Windham, BELL of Yarmouth, BLIER of Buxton, BOYER of Poland, BOYLE of Gorham, BRADSTREET of Vassalboro, BRENNAN of Portland, BRIDGEO of Augusta, CAMPBELL of Orrington, CARLOW of Buxton, CARMICHAEL of Greenbush, CLOUTIER of Lewiston, CLUCHEY of Bowdoinham, COLLAMORE of Pittsfield, COLLAMORE of Waldoboro, COLLINGS of Portland, COPELAND of Saco, COSTAIN of Plymouth, CRAFTS of Newcastle, CRAVEN of Lewiston, CRAY of Palmyra, CROCKETT of Portland, CYRWAY of Albion, DANA of the Passamaquoddy Tribe, DAVIS of East Machias, DHALAC of South Portland, DILL of Old Town, DODGE of Belfast, DOUDERA of Camden, DRINKWATER of Milford, DUCHARME of Madison, DUNPHY of Embden, EATON of Deer Isle, FAULKINGHAM of Winter Harbor, FAY of Raymond, FOSTER of Dexter, FREDERICKS of Sanford, GALLETTA of Durham, GATTINE of Westbrook, GEIGER of Rockland, GERE of Kennebunkport, GIFFORD of Lincoln, GOLEK of Harpswell, GRAHAM of North Yarmouth, GRAMLICH of Old Orchard Beach, GREENWOOD of Wales, GRIFFIN of Levant, GUERRETTE of Caribou, HAGGAN of Hampden, HALL of Wilton, HASENFUS of Readfield, HENDERSON of Rumford, HEPLER of Woolwich, HOBBS of Wells, HYMES of Waldo, JACKSON of Oxford, JAUCH of Topsham, JAVNER of Chester, KESSLER of South Portland, KUHN of Falmouth, LAJOIE of Lewiston, LANDRY of Farmington, LANIGAN of Sanford, LaROCHELLE of Augusta, LAVIGNE of Berwick, LEE of Auburn, LEMELIN of Chelsea, LIBBY of Auburn, LOOKNER of Portland, LYMAN of Livermore Falls, MADIGAN of Waterville, MALON of Biddeford, MASON of Lisbon, MASTRACCIO of Sanford, MATHIESON of Kittery, MATLACK of St. George, MEYER of Eliot, MILLETT of Waterford, MILLETT of Cape Elizabeth, MILLIKEN of Blue Hill, MONTELL of Gardiner, MOONEN of Portland, MORIARTY of Cumberland, MORRIS of Turner, MURPHY of Scarborough, NESS of Fryeburg, NEWMAN of Belgrade, NUTTING of Oakland, O'CONNELL of Brewer, O'NEIL of Saco, OSHER of Orono, PARRY of Arundel, PAUL of Winterport, PAULHUS of Bath, PERKINS of Dover-Foxcroft, PERRY of Calais, PERRY of Bangor, PLUECKER of Warren, POIRIER of Skowhegan, POLEWARCZYK of Wiscasset, POMERLEAU of Standish, PRINGLE of Windham, QUINT of Hodgdon, RANA of Bangor, RECKITT of South Portland, RIELLY of Westbrook, RISEMAN of Harrison, ROBERTS of South Berwick, ROEDER of Bangor, RUNTE of York, RUSSELL of Verona Island, SACHS of Freeport, SALISBURY of Westbrook, SAMPSON of Alfred, SARGENT of York, SAYRE of Kennebunk, SCHMERSAL-BURGESS of Mexico, SHAGOURY of Hallowell, SHAW of Auburn, SHEEHAN of Biddeford, SKOLD of Portland, SMITH of Palermo, SOBOLESKI of Phillips, STROUT of Harrington, SUPICA of Bangor, SWALLOW of Houlton, Speaker TALBOT ROSS of Portland, TERRY of Gorham, THERIAULT of Fort Kent, THORNE of Carmel, WALKER of Naples, WARREN of Scarborough, WHITE of Waterville, WHITE of Guilford, WILLIAMS of Bar Harbor, WOOD of Greene, WOODSOME of Waterboro, WORTH of Ellsworth, ZAGER of Portland, ZEIGLER of Montville, Senators: BAILEY of York, BALDACCI of Penobscot, BEEBE-CENTER of Knox, BENNETT of Oxford, BLACK of Franklin, BRAKEY of Androscoggin, BRENNER of Cumberland, CARNEY of Cumberland, CHIPMAN of Cumberland, CURRY of Waldo, DAUGHTRY of Cumberland, DUSON of Cumberland, FARRIN of Somerset, GROHOSKI of Hancock, GUERIN of Penobscot, HARRINGTON of York, HICKMAN of Kennebec, INGWERSEN of York, President JACKSON of Aroostook, KEIM of Oxford, LaFOUNTAIN of Kennebec, LAWRENCE of York, LIBBY of Cumberland, LYFORD of Penobscot, MOORE of Washington, NANGLE of Cumberland, PIERCE of Cumberland, POULIOT of Kennebec, RAFFERTY of York, RENY of Lincoln, ROTUNDO of Androscoggin, STEWART of Aroostook, TIMBERLAKE of Androscoggin, TIPPING of Penobscot, VITELLI of Sagadahoc)
JOINT RESOLUTION RECOGNIZING FEBRUARY 2023 AS TEEN DATING VIOLENCE AWARENESS AND PREVENTION MONTH
WHEREAS,teen dating violence takes many forms, including physical or sexual assault, stalking, coercive and controlling behavior, emotional abuse, harassment and exploitation, and can occur in person, online or through various forms of technology; and
WHEREAS, research by the Centers for Disease Control and Prevention shows that more than 8% of high school students in the United States reported experiencing physical or sexual dating violence over the course of a one-year period, with young women and LGBTQI+ youthreporting the highest rates; and
WHEREAS, young people who are survivors of teen dating violence can suffer from depression, substance use disorder, risk of suicide, eating disorders, poor academic outcomes, unintended pregnancy and other struggles; and
WHEREAS, the effects of teen dating violence are compounded for girls and young women of color, who are less often recognized as survivors of dating and sexual violence and face additional barriers to seeking help; and
WHEREAS, the development of tools to help teens stay safe online and when using electronic devices; help colleges and universities respond effectively to dating violence, sexual assault, stalking and other forms of abuse; and provide resources and training programs that prevent abuse and promote healthy relationships is vital to providing young people with every chance to live the fulfilling and productive lives they deserve; now, therefore, be it
RESOLVED: That We, the Members of the One Hundred and Thirty-first Legislature now assembled in the First Regular Session, on behalf of the people we represent, take this opportunity to recognize February 2023 as Teen Dating Violence Awareness and PreventionMonth and recommit ourselves to ensuring our society is one in which all young people can live fulfilling and productive lives free of violence and fear.
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(4-3) On motion of Speaker TALBOT ROSS of Portland, the following Joint Resolution: (H.P. 318) (Cosponsored by Senator HICKMAN of Kennebec and Representatives: ABDI of Lewiston, BOYER of Poland, DHALAC of South Portland, RANA of Bangor, SACHS of Freeport, Senators: BENNETT of Oxford, DUSON of Cumberland, ROTUNDO of Androscoggin)
JOINT RESOLUTION RECOGNIZING FEBRUARY 2023 AS BLACK HISTORY MONTH
WHEREAS,Maine's Black history and the story of Maine's role in the global economy of enslavement have been largely effaced from our narratives and from our collective consciousness; and
WHEREAS, from the earliest arrivals of people from Europe and Africa in the Americas,Africans and African Americans have been part of the story of this land, and researchers have identified over 1,900 people of color who lived in what is now called the State of Maine prior to the year 1800; and
WHEREAS, Africans who were brought involuntarily to these shores suffered generationsof enslavement, and their descendants faced the injustices of lynch mobs, segregation and the denial of basic fundamental rights; and
WHEREAS, people living in Maine engaged in the slave trade for at least 112 years, withthe earliest known slaving voyage departing from Maine's shores taking place in 1749 and the last known slaving voyage on a Maine-built vessel taking place in 1861;and
WHEREAS, a total of 63 Maine-built vessels are known to have transported enslavedpeople, representing only the tip of the iceberg, and slaving vessels were constructed in at least 26 Maine towns;and
WHEREAS, Maine merchants were deeply entangled in the global economy of enslavement, as were the banks that handled their accounts and the insurance firms that secured their investments, and at a time when Havana, Cuba was the hub of the illicit slave trade, Portland was that city's number one trading partner; and
WHEREAS, it was not only Maine's coastal towns that were complicit in the global economy of enslavement through shipbuilding and merchant trading activities, but its inland regions as well: crops and livestock were routinely shipped in the "coastwise" trade to provision the sugar plantations of the West Indies, along with salted fish and even ice from this region; and
WHEREAS, great quantities of Maine timber were processed into barrel staves and shipped throughout the 18th and 19th centuries to the West Indies, where enslaved Africans were forced to fashion them into barrels; they then filled these barrels with the sugar and molasses that were shipped back to Portland and distilled into rum, which was used as currency in purchasing more captive Africans; and
WHEREAS, African Americans in all walks of life have shown resilience despite suffering under slavery and injustice and have made significant contributions throughout the history of the State and across the United States; and
WHEREAS, from the Revolutionary War through the abolitionist movement, to marches from Selma to Montgomery and across America today, and in this State, African Americanshave remained devoted to the proposition that all of us are created equal, even when their own rights were denied;and
WHEREAS, the month of February is officially celebrated as Black History Month, which dates back to 1926 when Dr. Carter G. Woodson set aside a special period of time in February to recognize the heritage and achievements of African Americans;now, therefore, be it
RESOLVED: That We, the Members of the One Hundred and Thirty-first Legislature now assembled in the First Regular Session, on behalf of the people we represent, take this opportunity to recognize the significance of Black History Month as an important time to honor the contributions of African Americans in the nation's history and encourage all people in the State to learn more about the past and to better understand the experiences that have shaped the State and the nation.
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SPECIAL SENTIMENT CALENDAR
In accordance with House Rule 519 and Joint Rule 213, the following items: Recognizing: (5-1) Walker Oliver, of Hodgdon, a student at Hodgdon High School and a member of the boys basketball team, who recently scored his 1,000th career point. We extend our congratulations and best wishes;
(SLS 81)
(5-2) Bruce Galouch, of Belgrade, Assistant Chief of the Belgrade Fire and Rescue Department, who was named Firefighter of the Year. We extend our congratulations and best wishes;
(SLS 82)
(5-3) Lisa Day, of Belgrade, on her retirement from the Belgrade Fire and Rescue Department after 30 years of dedicated service, including service as Rescue Chief. We extend our congratulations and best wishes;
(SLS 83)
(5-4) Steve Smith, of New Sharon, a lieutenant of the Belgrade Fire and Rescue Department, who was named Rescue Person of the Year. We extend our congratulations and best wishes;
(SLS 84)
(5-5) William Pulsifer, of Belgrade, Deputy Chief of the Belgrade Fire and Rescue Department, who was presented with the Distinguished Service Award in recognition of his 70 years of public service. We extend our congratulations and best wishes;
(SLS 85)
(5-6) American Awards, of Augusta, which has received the President's Circle Award from the Kennebec Valley Chamber of Commerce. We extend our congratulations and best wishes;
(SLS 86)
(5-7) Gene and Nancy Daigle, of Lincoln, who celebrated their 50th Wedding Anniversary on December 24, 2022. We extend our congratulations and best wishes;
(SLS 87)
(5-8) Richard Bruns, of Bangor, who has been named the American Chiropractor of the Year by the National Chiropractic Association. We extend our congratulations and best wishes;
(SLS 88)
(5-9) the Town of Skowhegan, which is celebrating its Bicentennial. For thousands of years before the first settlers of European extraction arrived at Skowhegan Island, the area was used by Native Americans, who called the place Skowhegan, an important stop on their annual migrations to and from northern hunting grounds and coastal areas. The first European settlers, a small group of pioneers from Massachusetts, arrived two miles south of the Great Eddy in the spring of 1771. Skowhegan was originally part of Old Canaan, which was incorporated on June 18, 1788 as Maine's 57th town. On February 5, 1823, the Town of Milburn separated from Canaan, and Milburn's name was changed to Skowhegan in March 1836. On February 19, 1861, the Town of Bloomfield became part of Skowhegan. On the occasion of their celebration of the town's 200th Anniversary, we extend to the citizens of Skowhegan our congratulations and best wishes;
(SLS 89)
(5-10) Izzy Allen, of Corinth, a student at Central High School and a member of the girls basketball team, who recently scored her 1,000th career point. We extend our congratulations and best wishes;
(HLS 34) Presented by Representative DRINKWATER of Milford.
(5-11) Trinity Bean, of Gray, who won the NUS Miss Maine Teen 2023 Pageant. Ms. Bean, a junior at Gray-New Gloucester High School, plays in both high school varsity soccer and premier club soccer, was a member of the 2005 Girls Maine Olympic Development Soccer Team for five years and represented Maine in 2022 at the Regional Olympic Development Camp. Her platform is anti-bullying and increasing awareness in Maine schools, and she also works to increase awareness about ethical pet ownership. We extend our congratulations and best wishes;
(HLS 35) Presented by Representative ARATA of New Gloucester. Cosponsored by Senator PIERCE of Cumberland, Representative GRAHAM of North Yarmouth.
(5-12) Rodney Bouffard, of Gray, on his retirement from Riverview Psychiatric Center after 45 years of state service. Mr. Bouffard began his career as a Special Education teacher for School Administrative District 27. Later, he rose through the ranks at the Pineland Center until overseeing its closure as Superintendent in 1996. He became Superintendent of the Augusta Mental Health Institute, and under his leadership the institute was able to meet and exceed state and federal standards. He went on to serve at Long Creek Youth Development Center, first as Chief of Security before becoming Deputy Superintendent and finally Superintendent. He was appointed Warden of the Maine State Prison, where he worked to drastically reduce overtime for staff and safely reduce the use of solitary confinement for residents. Following the decertification of Riverview Psychiatric Center in 2013, Mr. Bouffard was appointed Superintendent in 2016 to help address ongoing challenges at the facility. He instituted quality and process improvements, resulting in recertification by the Centers for Medicare and Medicaid Services, maintained quality care for patients through the COVID-19 pandemic and brought national recognition to the center. We extend our congratulations and best wishes;
(HLS 37) Presented by Representative MILLETT of Waterford. Cosponsored by Senator PIERCE of Cumberland, Representative ARATA of New Gloucester, Representative GRAHAM of North Yarmouth, Representative MEYER of Eliot, Representative STOVER of Boothbay.
(5-13) Robert Berry III, of Norridgewock, who was named a 2022 Maine Logger of the Year by the Maine TREE Foundation Certified Logging Professionals. We extend our congratulations and best wishes;
(HLS 39) Presented by Representative DUCHARME of Madison. Cosponsored by Senator FARRIN of Somerset.
(5-14) Jeremy Desjardins, of Wallagrass, who was named a 2022 Maine Logger of the Year by the Maine TREE Foundation Certified Logging Professionals. We extend our congratulations and best wishes;
(HLS 40) Presented by Representative THERIAULT of Fort Kent. Cosponsored by President JACKSON of Aroostook.
(5-15) Cami Shields, of Oakfield, a student at Southern Aroostook High School and a member of the girls basketball team, who recently scored her 1,000th career point. We extend our congratulations and best wishes;
(HLS 43) Presented by Representative SWALLOW of Houlton. Cosponsored by Senator STEWART of Aroostook.
In Memory of: (5-16) Arnold Stanley Francis, of Steuben. Mr. Francis was a veteran of the United States Army. After helping his father in the lobster business for a short time, he set out on his own on Pigeon Hill in Steuben and started his own lobster business, A.S. Francis and Sons. Mr. Francis will be long remembered and sadly missed by his family and friends and all those whose lives he touched;
(HLS 38) Presented by Representative FAULKINGHAM of Winter Harbor. Cosponsored by Senator MOORE of Washington.
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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. Expression of Legislative Sentiment Recognizing the Maine Central Institute eSports Team, of Pittsfield (HLS 20)
TABLED - January 17, 2023 (Till Later Today) by Representative COLLAMORE of Pittsfield. PENDING - PASSAGE.
2. Bill "An Act to Transfer Responsibility for Administering the Maine Uniform Building and Energy Code from the Department of Public Safety, Office of the State Fire Marshal to the Department of Professional and Financial Regulation" (H.P. 128) (L.D. 207)
(Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY suggested) TABLED - January 24, 2023 (Till Later Today) by Representative SALISBURY of Westbrook. PENDING - REFERENCE.
3. Bill "An Act to Amend the Laws Regarding Zoning and Land Use Restrictions to Limit Certain Requirements to Municipalities with a Population of More than 10,000" (EMERGENCY) (H.P. 135) (L.D. 214)
(Committee on LABOR AND HOUSING suggested) TABLED - January 24, 2023 (Till Later Today) by Representative ROEDER of Bangor. PENDING - REFERENCE.
4. Bill "An Act Concerning Housing and Support Services for At-risk Youth and Youth Who Have Committed Juvenile Crimes" (H.P. 186) (L.D. 288)
(Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY suggested) TABLED - January 31, 2023 (Till Later Today) by Representative TERRY of Gorham. PENDING - REFERENCE.
5. Bill "An Act to Amend the Maine Tree Growth Tax Law to Encourage Housing Construction" (H.P. 215) (L.D. 341)
(Joint Select Committee on HOUSING suggested) TABLED - January 31, 2023 (Till Later Today) by Representative GERE of Kennebunkport. PENDING - REFERENCE.
6. Bill "An Act to Promote Affordable Housing by Providing a Tax Exemption for Housing Choice Vouchers" (H.P. 238) (L.D. 387)
(Joint Select Committee on HOUSING suggested) TABLED - January 31, 2023 (Till Later Today) by Representative GERE of Kennebunkport. PENDING - REFERENCE.
7. Expression of Legislative Sentiment in Memory of Robert "Paco" Payzant, Jr., of Wiscasset (HLS 29)
TABLED - January 31, 2023 (Till Later Today) by Representative PLUECKER of Warren. PENDING - ADOPTION.
8. Bill "An Act to Invest in Construction Industry Workforce Development" (S.P. 163) (L.D. 356)
- In Senate, REFERRED to the Joint Select Committee on HOUSING. TABLED - January 31, 2023 (Till Later Today) by Representative TERRY of Gorham. PENDING - REFERENCE IN CONCURRENCE.
9. Expression of Legislative Sentiment in Memory of Chris Rose, of Old Orchard Beach (SLS 77)
- In Senate, READ and ADOPTED. TABLED - February 2, 2023 (Till Later Today) by Representative GRAMLICH of Old Orchard Beach. PENDING - ADOPTION.
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STATUTORY ADJOURNMENT DATE June 21, 2023
State of Maine http://legislature.maine.gov/HouseCalendar House Supplement No. 1
(1-1) Bill "An Act to Authorize a General Fund Bond Issue to Improve Student Success and Workforce Readiness Within the University of Maine System" (S.P. 214) (L.D. 460) (1-2) Bill "An Act to Authorize a General Fund Bond Issue to Fund the Maine Community College System" (S.P. 220) (L.D. 503)
Come from the Senate, REFERRED to the Committee on APPROPRIATIONS AND FINANCIAL AFFAIRS and ordered printed.
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(1-3) Bill "An Act to Ensure Transparent and Accountable Temporary Nurse Agencies" (S.P. 205) (L.D. 451) (1-4) Bill "An Act to Establish a 180-day State Residency Requirement for Municipal General Assistance" (S.P. 208) (L.D. 454) (1-5) Bill "An Act to Prohibit the Use of the Electronic Benefits Transfer System Outside of Maine, Massachusetts or New Hampshire to Obtain Temporary Assistance for Needy Families Program Benefits" (S.P. 216) (L.D. 498) (1-6) Bill "An Act to Improve the Office of the Child Welfare Services Ombudsman" (S.P. 218) (L.D. 500)
Come from the Senate, REFERRED to the Committee on HEALTH AND HUMAN SERVICES and ordered printed.
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(1-7) Bill "An Act to Require an Application for a Hunting License to Include a Check-off Box Indicating an Applicant's Wish to Be Entered in the Antlerless Deer Permit Lottery" (S.P. 212) (L.D. 458)
Comes from the Senate, REFERRED to the Committee on INLAND FISHERIES AND WILDLIFE and ordered printed.
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(1-8) Bill "An Act to Reform the Laws Regarding the Payment of Criminal Fines" (S.P. 206) (L.D. 452) (1-9) Bill "An Act to Require the Recording of Grand Jury Proceedings" (S.P. 207) (L.D. 453) (1-10) Bill "An Act to Update the Procedures for Issuance of Orders Related to Involuntary Hospitalizations" (S.P. 213) (L.D. 459)
Come from the Senate, REFERRED to the Committee on JUDICIARY and ordered printed.
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(1-11) Bill "An Act Regarding a COVID-19 Memorial" (S.P. 209) (L.D. 455) (1-12) Bill "An Act Regarding Private Roads" (S.P. 215) (L.D. 461)
Come from the Senate, REFERRED to the Committee on STATE AND LOCAL GOVERNMENT and ordered printed.
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(1-13) Bill "An Act to Amend Maine's Tax Laws" (S.P. 211) (L.D. 457) (1-14) Bill "An Act to Change Maine's Tax Laws" (S.P. 217) (L.D. 499)
Come from the Senate, REFERRED to the Committee on TAXATION and ordered printed.
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(1-15) Bill "An Act to Support the Use of Bicycles" (S.P. 210) (L.D. 456) (1-16) Resolve, Designating the Desert of Maine Overpass the Matthew MacMillan Overpass (S.P. 219) (L.D. 502)
Come from the Senate, REFERRED to the Committee on TRANSPORTATION and ordered printed.
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