CLERK'S OFFICE
207-287-1400
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The House CalendarThe Advance Journal and Calendar of the House of Representatives Tuesday, April 25, 2023
Calling of the House to Order by the Speaker.
Prayer by Reverend Marty Pelham, First Universalist Church in Rockland.
National Anthem by Westbrook High School Singers.
Pledge of Allegiance.
Reading of the Journal of Thursday, April 20, 2023. _________________________________
Non-Concurrent Matter
(1-1) Resolve, Directing the Department of Labor to Request a Federal Waiver to Allow Presumptive Work Eligibility for Asylum Seekers (EMERGENCY) (S.P. 419) (L.D. 1050)
FAILED OF FINAL PASSAGE in the House on April 18, 2023. (Having previously been PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (S-18))
Comes from the Senate PASSED TO BE ENGROSSED in NON-CONCURRENCE.
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(2-1) The Following Communication: (H.P. 1151)
and accompanying initiated bill, item (2-2)
STATE OF MAINE DEPARTMENT OF THE SECRETARY OF STATE AUGUSTA, MAINE 04333-0148
March 21, 2023
Honorable Robert B. Hunt Clerk of the House 2 State House Station Augusta, ME 04333
Dear Clerk Hunt:
Enclosed please find my official certification to the 131st Legislature of the citizen initiative petition entitled “An Act To Require Voter Approval of Certain Borrowing by Government-controlled Entities and Utilities and To Provide Voters More Information Regarding that Borrowing”.
Sincerely,
S/Shenna Bellows Secretary of State
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State of Maine Secretary of State
I, Shenna Bellows, Secretary of State, hereby certify that written petitions bearing valid signatures of 68,807 electors of this State were addressed to the Legislature of the State of Maine and were filed in the office of the Secretary of State on December 27, 2022, requesting that the Legislature consider an act entitled, “An Act To Require Voter Approval of Certain Borrowing by Government-controlled Entities and Utilities and To Provide Voters More Information Regarding that Borrowing”.
I further certify that the number of signatures submitted is in excess of ten percent of the total votes cast in the last gubernatorial election preceding the filing of such petitions, as required by Article IV, Part Third, Section 18 of the Constitution of Maine, that number being 67,682.
I further certify this initiative petition to be valid and attach herewith the text of the legislation circulated on the petition’s behalf.
In testimony whereof, I have caused the Great Seal of the State of Maine to be hereunto affixed. Given under my hand at Augusta on the Twenty-first day of March in the year Two Thousand and Twenty-three.
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(2-2) The accompanying Bill "An Act to Require Voter Approval of Certain Borrowing by Government-controlled Entities and Utilities and to Provide Voters More Information Regarding That Borrowing" (I.B. 4) (L.D. 1772)
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(2-3) The Following Communication: (H.C. 136)
STATE OF MAINE HOUSE OF REPRESENTATIVES SPEAKER'S OFFICE AUGUSTA, MAINE 04333-0002
April 18, 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 38, MRSA, Ch. 3-A, §577-A, I am pleased to appoint the following to the Maine Climate Council, effective immediately:
Honorable Christopher Kessler of South Portland; Honorable Nathan Carlow of Buxton.
Representative Kessler and Representative Carlow will serve on this council as members of the House of Representatives who are each a member of one of the two parties holding the most seats.
Should you have questions regarding these appointments, please do not hesitate to contact my office.
Sincerely,
S/Rachel Talbot Ross Speaker of the House
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(2-4) The Following Communication: (H.C. 137)
SENATE OF MAINE 131ST LEGISLATURE OFFICE OF THE PRESIDENT
April 18, 2023
Honorable Robert B. Hunt 2 State House Station Augusta, ME 04333
Dear Clerk Hunt:
Pursuant to my authority under Title 38, MRSA, Ch. 3-A, §577-A, I am pleased to appoint Senator Matthew Harrington to the Maine Climate Council, representing the party holding the second largest number of seats in the Senate. This appointment is effective the date of this letter.
If you have any questions regarding this appointment, please let me know.
Sincerely,
S/Troy D. Jackson President of the Senate
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(2-5) The Following Communication: (H.C. 140)
STATE OF MAINE HOUSE OF REPRESENTATIVES SPEAKER'S OFFICE AUGUSTA, MAINE 04333-0002
April 20, 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 38, MRSA, Ch. 3-A, §577-A, I am pleased to appoint Representatives Walter Runte of York and Reagan Paul of Winterport to the Energy Working Group of the Maine Climate Council, effective immediately.
If you have any questions regarding these appointments, please do not hesitate to contact my office.
Sincerely,
S/Rachel Talbot Ross Speaker of the House
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(2-6) The Following Communication: (H.C. 141)
STATE OF MAINE HOUSE OF REPRESENTATIVES SPEAKER'S OFFICE AUGUSTA, MAINE 04333-0002
April 20, 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 38, MRSA, Ch. 3-A, §577-A, I am pleased to appoint Representative Margaret Craven of Lewiston and Representative Amanda Collamore of Pittsfield to the Community Resilience Planning Working Group of the Maine Climate Council, effective immediately.
If you have any questions, please do not hesitate to contact my office.
Sincerely,
S/Rachel Talbot Ross Speaker of the House
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(2-7) The Following Communication: (H.C. 142)
STATE OF MAINE HOUSE OF REPRESENTATIVES SPEAKER'S OFFICE AUGUSTA, MAINE 04333-0002
April 18, 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 38, MRSA, Ch. 3-A, §577-A, I am pleased to reappoint Representative Victoria Doudera of Camden to the Scientific and Technical Subcommittee of the Maine Climate Council, effective immediately.
Furthermore, I am pleased to appoint Representative Mark Babin of Fort Fairfield to the Scientific and Technical Subcommittee of the Maine Climate Council, effective immediately.
If you have any questions regarding these appointments, please do not hesitate to contact my office.
Sincerely,
S/Rachel Talbot Ross Speaker of the House
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(2-8) The Following Communication: (H.C. 143)
STATE OF MAINE HOUSE OF REPRESENTATIVES SPEAKER'S OFFICE AUGUSTA, MAINE 04333-0002
April 20, 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 38, MRSA, Ch. 3-A, §577-A, I am pleased to appoint Representative Grayson Lookner of Portland and reappoint Representative Richard Bradstreet of Vassalboro to the Building, Infrastructure and Housing Working Group of the Maine Climate Council, effective immediately.
If you have any questions regarding these appointments, please do not hesitate to contact my office.
Sincerely,
S/Rachel Talbot Ross Speaker of the House
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(2-9) The Following Communication: (H.C. 144)
STATE OF MAINE HOUSE OF REPRESENTATIVES SPEAKER'S OFFICE AUGUSTA, MAINE 04333-0002
April 20, 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 38, MRSA, Ch. 3-A, §577-A, I am pleased to appoint Representative Daniel Ankeles of Brunswick and Representative Wayne Parry of Arundel to the Transportation Working Group of the Maine Climate Council, effective immediately.
Should you have any questions, please do not hesitate to contact my office.
Sincerely,
S/Rachel Talbot Ross Speaker of the House
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(2-10) The Following Communication: (H.C. 145)
STATE OF MAINE HOUSE OF REPRESENTATIVES SPEAKER'S OFFICE AUGUSTA, MAINE 04333-0002
April 19, 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 38, MRSA, Ch. 3-A, §577-A, I am pleased to appoint the following to the Coastal and Marine Working Group of the Maine Climate Council, effective immediately;
Representative Lydia Crafts of Newcastle – reappointment; Representative Tiffany Strout of Harrington.
If you have any questions regarding these appointments, please do not hesitate to contact my office.
Sincerely,
S/Rachel Talbot Ross Speaker of the House
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(2-11) The Following Communication: (H.C. 146)
STATE OF MAINE HOUSE OF REPRESENTATIVES SPEAKER'S OFFICE AUGUSTA, MAINE 04333-0002
April 21, 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 20, Ch. 5, Part 679, Subpart A, §679.110 (b)(2) of federal law, I am pleased to appoint the Honorable Amy Roeder of Bangor to the State Workforce Development Board, effective immediately.
Should you have any questions regarding this appointment, please do not hesitate to contact my office.
Sincerely,
S/Rachel Talbot Ross Speaker of the House
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(2-12) The Following Communication: (H.C. 138)
CLERK'S OFFICE 2 STATE HOUSE STATION AUGUSTA, MAINE 04333-0002
April 25, 2023
Honorable Rachel Talbot Ross Speaker of the House 2 State House Station Augusta, Maine 04333
Dear Speaker Talbot Ross:
Pursuant to Joint Rule 310, the following Joint Standing Committees have voted unanimously to report the following bills out "Ought Not to Pass:"
Environment and Natural Resources L.D. 1126 Resolve, to Increase Community Action Grants Health and Human Services L.D. 378 Resolve, to Eliminate the So-called Fail First Requirement for Children's Residential Services for Certain Individuals Whose Needs Are Unable to Be Met with Home and Community-based Services by Expanding Eligibility for Those Individuals L.D. 824 Resolve, Directing the Department of Health and Human Services to Review Reimbursement Rates for Nursing Facilities on Islands Health Coverage, Insurance and Financial Services L.D. 1262 An Act to Amend the Law Governing the Credit Card and Debit Card Surcharge Prohibition L.D. 1354 An Act to Protect Medicare Beneficiaries from Surprise Bills and to Inform Medicare Beneficiaries About Medicare Part B Excess Charges L.D. 1497 An Act to Strengthen Medicare by Preventing Providers from Adding Excess Charges (EMERGENCY)
Housing L.D. 1310 An Act to Establish a State Emergency Rental Assistance Program (EMERGENCY) Judiciary L.D. 888 An Act to Allow Use of Courthouse Facility Dogs by Criminal Justice Agencies for Criminal Justice Purposes L.D. 1079 An Act Regarding Visitation Rights of Grandparents L.D. 1192 An Act Regarding the Composition of the Judiciary L.D. 1462 An Act to Provide Financial Incentives for Attorneys to Provide Indigent Legal Services State and Local Government L.D. 655 An Act to Address Climate Change by Reducing Carbon Emissions from State Vehicles
Sincerely,
S/Robert B. Hunt Clerk of the House
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(2-13) The Following Communication: (H.C. 139)
STATE OF MAINE CLERK'S OFFICE 2 STATE HOUSE STATION AUGUSTA, MAINE 04333-0002
April 25, 2023
Honorable Rachel Talbot Ross Speaker of the House 2 State House Station Augusta, Maine 04333
Dear Speaker Talbot Ross:
L.D. 169 An Act to Amend and Clarify the Laws Governing Perfluoroalkyl and Polyfluoroalkyl Substances and Other Harmful Chemicals
Pursuant to Joint Rule 310, the Committee on Environment and Natural Resources has approved the request by the sponsor, Representative Campbell of Orrington, to report the following "Leave to Withdraw:"
L.D. 171 An Act to Provide That All Rules Regarding Perfluoroalkyl and Polyfluoroalkyl Substances Are Major Substantive Rules
Pursuant to Joint Rule 310, the Committee on Health and Human Services has approved the request by the sponsor, Representative Madigan of Waterville, to report the following "Leave to Withdraw:"
L.D. 302 An Act to Ensure Sufficient Rates for Behavioral Health Services
Pursuant to Joint Rule 310, the Committee on Labor and Housing has approved the request by the sponsor, Representative Roeder of Bangor, to report the following "Leave to Withdraw:"
L.D. 349 An Act to Support Farm Workers and Farmers by Addressing Unionization of Farm Workers
Pursuant to Joint Rule 310, the Joint Select Committee on Housing has approved the request by the sponsor, Representative Ankeles of Brunswick, to report the following "Leave to Withdraw:"
L.D. 107 An Act Regarding Municipal Efforts to Avert Evictions and Heating Shut-offs During Winter (EMERGENCY)
Sincerely,
S/Robert B. Hunt Clerk of the House
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(2-14) The Following Communication: (S.C. 349)
131st LEGISLATURE
April 20, 2023
Honorable Rachel Talbot Ross Speaker of the House 2 State House Station Augusta, ME 04333-0002
Dear Speaker Talbot Ross:
In accordance with 3 M.R.S.A. §158 and Joint Rule 506 of the 131st Maine Legislature, please be advised that the Senate today confirmed the following nominations:
Upon the recommendation of the Committee on Judiciary
· The Honorable James F. Martemucci of Arundel for appointment, as a Superior Court Justice,
· The Honorable Harold L. Stewart, II of Portland for reappointment as a Superior Court Justice.
Best Regards,
S/Darek M. Grant Secretary of the Senate
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PETITIONS, BILLS AND RESOLVES REQUIRING REFERENCE (3-1) Bill "An Act to Develop and Provide Technical Assistance for Meat Slaughtering and Processing" (H.P. 1131) (L.D. 1767)
Sponsored by Representative CLUCHEY of Bowdoinham. Cosponsored by Representatives: ABDI of Lewiston, DHALAC of South Portland, HALL of Wilton, JAUCH of Topsham, PLUECKER of Warren, RANA of Bangor. (3-2) Bill "An Act to Improve Pesticides Sales and Use Data Collection and Accessibility by the State" (H.P. 1134) (L.D. 1770)
Sponsored by Representative OSHER of Orono. Cosponsored by Representatives: HOBBS of Wells, JACKSON of Oxford, JAUCH of Topsham, O'NEIL of Saco, SHAW of Auburn, Senator: INGWERSEN of York. (3-3) Bill "An Act to Provide a Source of Funding for the Construction and Implementation of a Food Security Hub" (EMERGENCY) (H.P. 1157) (L.D. 1812)
Sponsored by Representative TERRY of Gorham. Committee on AGRICULTURE, CONSERVATION AND FORESTRYsuggested and ordered printed.
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(3-4) Bill "An Act to Develop a Continuum of Care for Youth Involved in the Justice System and to Develop Alternatives for Juveniles Incarcerated in Long Creek Youth Development Center" (H.P. 1142) (L.D. 1779)
Sponsored by Representative LOOKNER of Portland. Cosponsored by Senator BEEBE-CENTER of Knox and Representatives: ABDI of Lewiston, BOYER of Poland, CRAFTS of Newcastle, DHALAC of South Portland, GRAMLICH of Old Orchard Beach, HASENFUS of Readfield, MILLIKEN of Blue Hill, Speaker TALBOT ROSS of Portland. Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY suggested and ordered printed.
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(3-5) Bill "An Act Concerning Students Who Experience Educational Disruption Due to Temporary or Permanent Changes Where They Live" (H.P. 1133) (L.D. 1769)
Sponsored by Representative ROBERTS of South Berwick. Cosponsored by Senator RAFFERTY of York and Representatives: BRENNAN of Portland, DODGE of Belfast, MURPHY of Scarborough, SARGENT of York. (3-6) Bill "An Act to Increase the State's Share of the Cost of Health Insurance for Retired Teachers" (EMERGENCY) (H.P. 1136) (L.D. 1773)
Sponsored by Representative COLLINGS of Portland. Cosponsored by Representative: FAULKINGHAM of Winter Harbor. (3-7) Bill "An Act to Repeal and Replace the Charter of the Boothbay-Boothbay Harbor Community School District" (H.P. 1149) (L.D. 1786)
Sponsored by Representative STOVER of Boothbay. Committee on EDUCATION AND CULTURAL AFFAIRS suggested and ordered printed.
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(3-8) Bill "An Act to Establish a Clean Hydrogen Pilot Program" (H.P. 1138) (L.D. 1775)
Sponsored by Representative DOUDERA of Camden. Cosponsored by Senator LAWRENCE of York and Representatives: BOYLE of Gorham, GEIGER of Rockland, RUNTE of York, WOODSOME of Waterboro, Senators: BRENNER of Cumberland, FARRIN of Somerset, HARRINGTON of York. (3-9) Bill "An Act to Ensure a Sustainable Electric Grid" (H.P. 1141) (L.D. 1778)
Sponsored by Representative PERKINS of Dover-Foxcroft. Cosponsored by Senator HARRINGTON of York and Representatives: ALBERT of Madawaska, BABIN of Fort Fairfield, CAMPBELL of Orrington, FOSTER of Dexter, HENDERSON of Rumford, PAUL of Winterport. Committee on ENERGY, UTILITIES AND TECHNOLOGY suggested and ordered printed.
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(3-10) Resolve, Directing the Department of Agriculture, Conservation and Forestry to Convene a Stakeholder Group Tasked with a Comprehensive Overhaul and Modernization of the State Subdivision Statutes (H.P. 1150) (L.D. 1787)
Sponsored by Representative DUCHARME of Madison. Cosponsored by Senator BLACK of Franklin and Representatives: CARMICHAEL of Greenbush, COSTAIN of Plymouth, CRAY of Palmyra, GUERRETTE of Caribou, HALL of Wilton, JACKSON of Oxford, MILLETT of Waterford, THERIAULT of Fort Kent. Committee on ENVIRONMENT AND NATURAL RESOURCES suggested and ordered printed.
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(3-11) Bill "An Act to Update the Alternative Base Year Payment Method for Federally Qualified Health Centers" (EMERGENCY) (H.P. 1132) (L.D. 1768)
Sponsored by Representative GATTINE of Westbrook. Cosponsored by Representatives: DUCHARME of Madison, PERRY of Calais, PRINGLE of Windham. (3-12) Bill "An Act to Establish the Homeless Substance Use Disorder Service Program" (EMERGENCY) (H.P. 1144) (L.D. 1781)
Sponsored by Representative GATTINE of Westbrook. (3-13) Resolve, to Improve Access to Appropriate Levels of Long-term Care by Rebasing and Increasing Reimbursement Rates (EMERGENCY) (H.P. 1147) (L.D. 1784)
Sponsored by Speaker TALBOT ROSS of Portland. Cosponsored by Senator BAILEY of York and Representatives: ARFORD of Brunswick, MASTRACCIO of Sanford, NUTTING of Oakland, PRINGLE of Windham. (3-14) Resolve, to Establish the Blue Ribbon Commission to Make Recommendations to Update Laws Governing the Continuum of Long-term Care Options (EMERGENCY) (H.P. 1148) (L.D. 1785)
Sponsored by Speaker TALBOT ROSS of Portland. Cosponsored by Senator BAILEY of York and Representatives: ARFORD of Brunswick, MASTRACCIO of Sanford, NUTTING of Oakland, PRINGLE of Windham. Committee on HEALTH AND HUMAN SERVICES suggested and ordered printed.
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(3-15) Bill "An Act to Require Insurance Carriers to Compensate Providers for Costs of Providing Medical Records for Utilization Review" (H.P. 1130) (L.D. 1766)
Sponsored by Representative MASTRACCIO of Sanford. Committee on HEALTH COVERAGE, INSURANCE AND FINANCIAL SERVICES suggested and ordered printed.
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(3-16) Bill "An Act Regarding Speedy Trials" (H.P. 1135) (L.D. 1771)
Sponsored by Representative MOONEN of Portland. Cosponsored by Senator CARNEY of Cumberland and Representatives: HAGGAN of Hampden, KUHN of Falmouth, LEE of Auburn, POIRIER of Skowhegan, SHEEHAN of Biddeford, Senator: BRAKEY of Androscoggin. (3-17) Bill "An Act to Empower Jurors by Allowing Instructions That They May Find a Defendant Not Guilty if a Guilty Verdict Would Yield an Unjust Result" (H.P. 1145) (L.D. 1782)
Sponsored by Representative BOYER of Poland. Cosponsored by Senator GROHOSKI of Hancock and Representatives: FAULKINGHAM of Winter Harbor, MILLIKEN of Blue Hill, RISEMAN of Harrison, ROEDER of Bangor, THERIAULT of Fort Kent, WARREN of Scarborough, WHITE of Guilford, Senator: HICKMAN of Kennebec. (3-18) Bill "An Act to Prohibit Health Care Services Without Parental Consent" (H.P. 1154) (L.D. 1809)
Sponsored by Representative ADAMS of Lebanon. Cosponsored by Representatives: GREENWOOD of Wales, POMERLEAU of Standish. Committee on JUDICIARY suggested and ordered printed.
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(3-19) Bill "An Act to Allow Citizen Oversight of Department of Environmental Protection and Department of Marine Resources Actions and Rulemaking" (H.P. 1139) (L.D. 1776)
Sponsored by Representative WORTH of Ellsworth. Cosponsored by Representatives: DHALAC of South Portland, HOBBS of Wells, MILLIKEN of Blue Hill, MURPHY of Scarborough, SARGENT of York. Committee on STATE AND LOCAL GOVERNMENT suggested and ordered printed.
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(3-20) Bill "An Act Exempting Certain Emergency Distributions and Emergency Savings Accounts from Taxation" (H.P. 1137) (L.D. 1774)
Sponsored by Representative ARATA of New Gloucester. Cosponsored by Senator KEIM of Oxford and Representatives: BRADSTREET of Vassalboro, CARLOW of Buxton, COLLINGS of Portland, FAULKINGHAM of Winter Harbor, LAVIGNE of Berwick, MORRIS of Turner, QUINT of Hodgdon, Senator: STEWART of Aroostook. (3-21) Bill "An Act to Amend the State Tax Laws" (EMERGENCY) (H.P. 1153) (L.D. 1808)
Sponsored by Representative PERRY of Bangor. Submitted by the Department of Administrative and Financial Services pursuant to Joint Rule 204. (3-22) Bill "An Act to Expand the Maine Historic Rehabilitation Credit and Establish a Weatherization Tax Credit" (H.P. 1155) (L.D. 1810)
Sponsored by Representative TERRY of Gorham. Cosponsored by Representatives: MALON of Biddeford, O'NEIL of Saco, SCHMERSAL-BURGESS of Mexico, SHEEHAN of Biddeford, Speaker TALBOT ROSS of Portland. Committee on TAXATION suggested and ordered printed.
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(3-23) Bill "An Act to Regulate the Operation of Micromobility Devices on Public Ways" (H.P. 1143) (L.D. 1780)
Sponsored by Representative SACHS of Freeport. Cosponsored by Senator CHIPMAN of Cumberland and Representatives: ANKELES of Brunswick, ARFORD of Brunswick, BELL of Yarmouth, O'CONNELL of Brewer, WILLIAMS of Bar Harbor, ZEIGLER of Montville. Committee on TRANSPORTATION suggested and ordered printed.
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(3-24) Bill "An Act Authorizing the Governor to Enter into Interstate Agreements Regarding the Cannabis Industry" (H.P. 1129) (L.D. 1765)
Sponsored by Representative PERRY of Bangor. (3-25) Bill "An Act to Create Economic Opportunity for Wabanaki Nations Through Internet Gaming" (H.P. 1140) (L.D. 1777)
Sponsored by Representative SUPICA of Bangor. Cosponsored by Senator HICKMAN of Kennebec and Representatives: RANA of Bangor, ROEDER of Bangor, Speaker TALBOT ROSS of Portland, Senator: President JACKSON of Aroostook. (3-26) Bill "An Act to Implement the Recommendations of the Governor's Advisory Council on Military Sexual Trauma" (H.P. 1146) (L.D. 1783)
Sponsored by Representative RIELLY of Westbrook. Cosponsored by Senator HICKMAN of Kennebec and Representatives: BOYER of Poland, JAUCH of Topsham, MALON of Biddeford, MILLIKEN of Blue Hill, MONTELL of Gardiner, RISEMAN of Harrison, RUDNICKI of Fairfield, SUPICA of Bangor. (3-27) Bill "An Act to Clarify Required Political Committees 24-hour Reports" (H.P. 1156) (L.D. 1811)
Sponsored by Representative TERRY of Gorham.
Committee on VETERANS AND LEGAL AFFAIRS suggested and ordered printed.
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(4-1) On motion of Representative SHEEHAN of Biddeford, the following Joint Resolution: (H.P. 1128) (Cosponsored by Representatives: FAY of Raymond, MALON of Biddeford, SKOLD of Portland)
JOINT RESOLUTION HONORING THE LIFE OF JUDITH HEUMANN
WHEREAS,Judith "Judy" Heumann, widely regarded as the mother of the disability rights movement, died in Washington, D.C. on March 4, 2023; and
WHEREAS, Ms. Heumann contracted polio in 1949, when she was 18 months old, and lived her life in a wheelchair; and
WHEREAS, Ms. Heumann's parents refused to institutionalize her, instead fighting discriminatory policies and securing her a place in public school classrooms;and
WHEREAS, as a young woman, Ms. Heumann continued that fight, earning a bachelor of arts degree from Long Island University, and after winning a discrimination suit against the New York Board of Education, becoming the first teacher in the state to use a wheelchair; and
WHEREAS, Ms. Heumann put herself at the forefront of major disability rights demonstrations, advocating for the rights of persons with disabilities, and became an organizer, cofounding the protest group Disabled in Action; and
WHEREAS, Ms. Heumann worked to create support for the federal Rehabilitation Act of 1973 and later was a leader in the effort to force the Carter administration to implement Section 504 of that Act, which specifies that no government agency or private business that accepts federal funds may discriminate against someone on the basis of disability;and
WHEREAS, Section 504 became the model for the federal Americans with Disabilities Act of 1990, and Ms. Heumann was a leader in the effort to pass that legislation;and
WHEREAS, Ms. Heumann founded national and international disability advocacy organizations and served her country as an Assistant Secretary of Education in the Clinton administration, overseeing the nation's federal education programs for students with disabilities;and
WHEREAS, during the Obama administration, Ms. Heumann worked in the State Department, advocating for civil rights across the world, and 181 countries passed disability civil rights modeled after the federal Americans with Disabilities Act of 1990 between 2000 and 2015; and
WHEREAS, she coauthored her memoir, "Being Heumann: An Unrepentant Memoir of a Disability Rights Activist," and its young adult version, "Rolling Warrior: The Incredible, Sometimes Awkward, True Story of a Rebel Girl on Wheels Who Helped Spark a Revolution,"and was featured in the Oscar-nominated documentary film "Crip Camp: A Disability Revolution"; now,therefore, be it
RESOLVED: That We, the members of the One Hundred and Thirty-first Legislaturenow assembled in the First Special Session, take this occasion to recognize the life of Judith Heumann, whose life's work helped to improve the lives of millions of Americans and who led a reimagining of what it means to be disabled in this country and across the world.
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SPECIAL SENTIMENT CALENDAR
In accordance with House Rule 519 and Joint Rule 213, the following items: Recognizing: (5-1) Tracey Cooley, of Pittsfield, Vice President of the Job Corps in Maine. Dr. Cooley is retiring after decades of unsurpassed dedication and support not just for the Job Corps but more importantly the two Job Corps Centers in Maine. In addition to serving as Vice President, she also served multiple years as the center director for the Penobscot Center. Her leadership and vision has played a vital role in the Maine centers reaching the status of being some of the top centers in the Nation. We extend our congratulations and best wishes;
(SLS 407)
(5-2) Lori Whittemore, of Saco, with Spiritual Care Services of Maine, who has been recognized as a 2023 Outstanding Maine Woman by Coast 93.1 and Hannaford. We extend our congratulations and best wishes;
(SLS 408)
(5-3) Sebastian Shields, of Saco, a student at Thornton Academy, who won the 500 Freestyle Event at the Class A Boys State Swimming and Diving Championships. We extend our congratulations and best wishes;
(SLS 409)
(5-4) Jack Frost, of Ellsworth, Vice President, Director of Community Giving with Bar Harbor Bank and Trust, who has been named the 2023 Citizen of the Year by the Ellsworth Area Chamber of Commerce. We extend our congratulations and best wishes;
(SLS 410)
(5-5) George and Pamela Elias, of Surry, owners of Rooster Brother in Ellsworth, who have received the 2023 Top Drawer Award from the Ellsworth Area Chamber of Commerce. We extend our congratulations and best wishes;
(SLS 411)
(5-6) Kayleigh Calvert, of Portland, who has been recognized as a 2023 Outstanding Maine Woman by Coast 93.1 and Hannaford. We extend our congratulations and best wishes;
(SLS 412)
(5-7) Pedro Lombi, of Portland, who won the 2023 Class A South Wrestling Championship in the 195 Pounds Event. We extend our congratulations and best wishes;
(SLS 413)
(5-8) Kids Go Eco Nature School, of Saco, headed by Michelle Goulet, which was named the Maine and New England Veteran-Owned Small Business of the Year by the United States Small Business Administration Maine District Office. We extend our congratulations and best wishes;
(SLS 414)
(5-9) Grace Wallace, of Westbrook, who won the 2023 Southwestern Maine Activities Association Championship in the Senior Shot Put Event. We extend our congratulations and best wishes;
(SLS 415)
(5-10) Claire Dunn, of Portland, who won the 2023 Southwestern Maine Activities Association Championship in the Senior High Jump Event. We extend our congratulations and best wishes;
(SLS 416)
(5-11) Nate Murray, of Scarborough, who won the 2023 Class A State Championship in the Open Shot Put. We extend our congratulations and best wishes;
(SLS 417)
(5-12) Ryan Marshall, of Scarborough, who won the 2023 Southwestern Maine Activities Association Championship in the 55 Meter Hurdles Event. We extend our congratulations and best wishes;
(SLS 418)
(5-13) Libby Catania, of Scarborough, who has been recognized as a 2023 Outstanding Maine Woman by Coast 93.1 and Hannaford. We extend our congratulations and best wishes;
(SLS 419)
(5-14) Tealight Studio, of Portland, owned by Selina Chan, which was named the Maine Minority Owned Small Business of the Year by the United States Small Business Administration Maine District Office. We extend our congratulations and best wishes;
(SLS 420)
(5-15) Jaime Bueya-Mbiyavanga, of Portland, who placed second at the Maine State Poetry Out Loud competition. We extend our congratulations and best wishes;
(SLS 421)
(5-16) Bryce Jackson-Parise, of Scarborough, a member of Troop No. 47, who has attained the high rank and distinction of Eagle Scout. This is the highest award in Scouting and is given for excellence in skills development, leadership, personal growth and community service. We extend our congratulations and best wishes;
(SLS 422)
(5-17) Brad Richard, of Princeton, a Game Warden with the Maine Warden Service, who found Kimberly Pushard and Angela Bussell, the subjects of an extensive statewide search, in a remote part of Hancock County over five days after they became lost while driving. He found them alive and in their vehicle near Nicatous Lake in East Hancock. We extend our appreciation and best wishes;
(HLS 260) Presented by Representative THORNE of Carmel. Cosponsored by Senator BLACK of Franklin, Senator CURRY of Waldo, Senator GUERIN of Penobscot, Senator KEIM of Oxford, Senator LaFOUNTAIN of Kennebec, Senator LYFORD of Penobscot, Senator MOORE of Washington, Senator POULIOT of Kennebec, Senator STEWART of Aroostook, Representative ARATA of New Gloucester, Representative BABIN of Fort Fairfield, Representative BLIER of Buxton, Representative CAMPBELL of Orrington, Representative CARMICHAEL of Greenbush, Representative CLUCHEY of Bowdoinham, Representative CYRWAY of Albion, Representative DAVIS of East Machias, Representative DILL of Old Town, Representative DRINKWATER of Milford, Representative DUCHARME of Madison, Representative FAULKINGHAM of Winter Harbor, Representative FOSTER of Dexter, Representative GOLEK of Harpswell, Representative GUERRETTE of Caribou, Representative HAGGAN of Hampden, Representative HEPLER of Woolwich, Representative LANDRY of Farmington, Representative MASON of Lisbon, Representative NEWMAN of Belgrade, Representative O'CONNELL of Brewer, Representative SOBOLESKI of Phillips, Representative THERIAULT of Fort Kent, Representative WOOD of Greene, Representative WOODSOME of Waterboro.
(5-18) Chase Hobbs, of Perham, who has been named the 2022-2023 Career and Technical Education Student of the Year by Maine Administrators of Career and Technical Education. We extend our congratulations and best wishes;
(HLS 262) Presented by Representative ALBERT of Madawaska. Cosponsored by President JACKSON of Aroostook, Representative GUERRETTE of Caribou.
(5-19) Isaac Audette, of China, a member of Troop No. 479, who has attained the high rank and distinction of Eagle Scout. This is the highest award in Scouting and is given for excellence in skills development, leadership, personal growth and community service. We extend our congratulations and best wishes;
(HLS 266) Presented by Representative SMITH of Palermo. Cosponsored by Senator POULIOT of Kennebec.
(5-20) Nicholas Choate, of China, a member of Troop No. 479, who has attained the high rank and distinction of Eagle Scout. This is the highest award in Scouting and is given for excellence in skills development, leadership, personal growth and community service. We extend our congratulations and best wishes;
(HLS 267) Presented by Representative SMITH of Palermo. Cosponsored by Senator POULIOT of Kennebec.
(5-21) Vernon "Barney" Robichaud, of Mattawamkeag, who celebrated his 100th birthday on March 5, 2023. We extend our congratulations and best wishes;
(HLS 268) Presented by Representative QUINT of Hodgdon. Cosponsored by Senator STEWART of Aroostook.
(5-22) the York High School Girls Indoor Track Team, which won the Class B State Championship, the team's first state title in 13 years. Members of the team include Ella Boissonneault, Zoe Carroll, Cary Drake, Audrey Drennan, Eliza Dunn, Karianna Hultstrom, Madelyn Hutchins, Samantha Jones, Molly Kenealy, Veda Kiper-Phelps, Lucy Kocev and Greta Yauch; assistant coaches Matt Weber, Missy Freeman, Zach Westman, Stan Cowan, Paul Slovenski, John Hoogasian and Andrew Jamieson; and coach Ted Hutch. We extend our congratulations and best wishes;
(HLS 269) Presented by Representative SARGENT of York. Cosponsored by Senator LAWRENCE of York, Representative RUNTE of York.
(5-23) Lynne Dailey, of Vassalboro, who has received the Exceptional Volunteer of the Year Award from the Mid-Maine Chamber of Commerce. We extend our congratulations and best wishes;
(HLS 270) Presented by Representative WHITE of Waterville. Cosponsored by Senator POULIOT of Kennebec, Representative BRADSTREET of Vassalboro.
In Memory of: (5-24) Mark Charles Geiger, of Arrowsic. Mr. Geiger founded Preservation House Painters and maintained historic buildings up and down the New England coast for over 40 years. He was a staunch environmentalist and an active member in his community and local politics. Mr. Geiger will be long remembered and sadly missed by his family and friends;
(SLS 406)
(5-25) Benedetto Dominic Lancia, of Portland. Mr. Lancia was a veteran of the United States Army. He worked as a bricklayer and tile setter. He worked in the original and additional wings of the Maine Mall, Maine Medical Center, dozens of schools and other public buildings as well as in the homes of family and friends. He was a master of terrazzo, a specialty tile. He mentored countless apprentices, passing on his craft. He was a parishioner at St. Peter's Catholic Church and also attended the former St. Edmund's Catholic Church in Westbrook and St. Pius X Catholic Church and Cathedral in Portland. Mr. Lancia will be long remembered and sadly missed by his wife of over 56 years, Joan, his family and friends and all those whose lives he touched;
(SLS 423)
(5-26) Carol Ann Burchill, of Portland. Ms. Burchill worked at Maine Medical Center, EC Jordan, Woodard and Curran and Sebago Technics. She was a member of the International Association of Administrative Professionals and was chosen as Secretary of the Year in 1998 by the Portland chapter. She was an active member of the Portland Elks Lodge #188, by which she was chosen as 2018-2019 Officer of the Year while she held the position of Treasurer. She was the Trustee Chairwomen at the Lodge from 2016 to 2021 and a member of the House Committee, Activities Committee and Bingo office. She was also a member of the Portland Moose Lodge #1310. Ms. Burchill will be long remembered and sadly missed by her family and friends and all those whose lives she touched;
(SLS 424)
(5-27) Lenora A. Foley, of Portland. Mrs. Foley had a 45-year career as a patient accounts specialist at Maine Medical Center. Mrs. Foley will be long remembered and sadly missed by her husband of 64 years, Peter, and family and friends;
(SLS 425)
(5-28) Richard E. Dyke, of Naples, founder and chief executive officer of Windham Weaponry. During his lifetime, Mr. Dyke owned nearly 70 companies. He bought Bushmaster Firearms out of bankruptcy in the 1970s and developed it into a major company in the firearms industry. He sold the company in 2006, but the new owners closed the Windham plant in 2011 and laid off all the employees. Mr. Dyke started a new company, Windham Weaponry, to put those employees back to work, receiving overwhelming support from the employees, his vendors and his customers. Mr. Dyke will be long remembered and sadly missed by his family and friends and all those whose lives he touched;
(HLS 261) Presented by Representative ANDREWS of Paris. Cosponsored by Senator LIBBY of Cumberland, Representative BLIER of Buxton, Representative WALKER of Naples.
(5-29) Janet Iveson, of Buckfield. After working as a homemaker and raising her family, Mrs. Iveson went to work for Weichert Realtors. Her career there led her to serve as President of The Weichert Referral Associates Company. She served for 22 years with the Weichert organization before retiring in 2012. Mrs. Iveson will be long remembered and sadly missed by her husband of 55 years, Michael, her family and friends and all those whose lives she touched;
(HLS 263) Presented by Representative JACKSON of Oxford. Cosponsored by Senator KEIM of Oxford.
(5-30) Andre L. Dumas, of Caribou. Mr. Dumas was a veteran of the United States Air Force, serving at Loring Air Force Base and retiring after 21 years of service. He went on to work in the civil service for several years. He was an honorary member of the North Lakes Fire and Rescue; a member of the Caribou Lions Club and American Legion Post 15; a life member of the Veterans of Foreign Wars National Home; and a 49-year member of Veterans of Foreign Wars Post 9389. He served as Veterans of Foreign Wars Department of Maine District 1 Quartermaster and Adjutant and recently retired after 18 years of service. Mr. Dumas will be long remembered and sadly missed by his wife of 51 years, Shirley, his family and friends and all those whose lives he touched;
(HLS 265) Presented by Representative GUERRETTE of Caribou. Cosponsored by President JACKSON of Aroostook.
(5-31) the Honorable Peter Anthony Cloutier, of South Portland. Mr. Cloutier worked for six years in the United States Merchant Marine. He later worked as a phone technician for New England Telephone and Telegraph Company before retiring to the family farm in 2008. In retirement on the farm, he hosted many events, including political fundraisers, reunions, weddings and impromptu gatherings. He represented South Portland in the Maine House of Representatives in the 109th, 116th and 117th Legislatures, where he advocated for education and the blue collar worker. An alumnus of Maine Maritime Academy, he served as a member of the academy's board of trustees. Mr. Cloutier will be long remembered and sadly missed by his wife of 55 years, Christine, his family and friends and all those whose lives he touched;
(HLS 271) Presented by Representative RECKITT of South Portland. Cosponsored by Senator CARNEY of Cumberland, Representative DHALAC of South Portland, Representative KESSLER of South Portland.
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Refer to the Committee on Inland Fisheries and Wildlife
(6-1) Representative LANDRY for the Joint Standing Committee on Inland Fisheries and Wildlife on Bill "An Act to Implement the Recommendations of the Department of Inland Fisheries and Wildlife's Report on Boater Safety Education" (H.P. 1152) (L.D. 1807)
Reporting that it be REFERRED to the Committee on INLAND FISHERIES AND WILDLIFE pursuant to Public Law 2021, chapter 656, section 8.
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Change of Committee (6-2) Representative MEYER from the Committee on HEALTH AND HUMAN SERVICES on Bill "An Act to Increase Access to Necessary Medical Care for Certain Minors" (H.P. 340) (L.D. 535)
Reporting that it be REFERRED to the Committee on JUDICIARY.
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Divided Report (6-3) Majority Report of the Committee on EDUCATION AND CULTURAL AFFAIRS reporting Ought to Pass as Amended by Committee Amendment "A" (H-51) on Bill "An Act to Fund Climate-related Service Work" (H.P. 88) (L.D. 142) Signed: Senators: Representatives: Minority Report of the same Committee reporting Ought Not to Pass on same Bill.
Signed: Senator: Representatives: _________________________________ (6-4) Majority Report of the Committee on JUDICIARYreporting Ought to Pass as Amended by Committee Amendment "A" (H-60) on Bill "An Act to Clarify Court Jurisdiction of Actions Involving Children Brought Under the Maine Uniform Probate Code" (H.P. 82) (L.D. 136) Signed: Senators: Representatives: Minority Report of the same Committee reporting Ought Not to Pass on same Bill.
Signed: Senator: Representatives: Representative DANA of the Passamaquoddy Tribe - of the House - supports the Majority Ought to Pass as Amended by Committee Amendment "A" (H-60) Report. _________________________________ (6-5) Majority Report of the Committee on STATE AND LOCAL GOVERNMENT reporting Ought Not to Pass on Bill "An Act to Eliminate the Requirement That Municipalities Provide Public Notice in Newspapers" (H.P. 255) (L.D. 422) Signed: Senators: Representatives: Minority Report of the same Committee reporting Ought to Pass as Amended by Committee Amendment "A" (H-50) on same Bill.
Signed: Senator: Representatives: _________________________________ (6-6) Majority Report of the Committee on STATE AND LOCAL GOVERNMENT reporting Ought Not to Pass on Bill "An Act to Promote Free Trade by Preventing Municipalities from Prohibiting the Sale of Legal Goods" (H.P. 397) (L.D. 620) Signed: Senators: Representatives: Minority Report of the same Committee reporting Ought to Pass as Amended by Committee Amendment "A" (H-49) on same Bill.
Signed: Senator: Representatives: _________________________________ (6-7) Majority Report of the Committee on TRANSPORTATION reporting Ought Not to Pass on Bill "An Act to Protect Vehicle Buyers by Limiting Vehicle Document Preparation Fees" (H.P. 416) (L.D. 639) Signed: Senators: Representatives: Minority Report of the same Committee reporting Ought to Pass as Amended by Committee Amendment "A" (H-52) on same Bill.
Signed: Representative: _________________________________ (6-8) Majority Report of the Committee on VETERANS AND LEGAL AFFAIRS reporting Ought Not to Pass on Bill "An Act to Prevent Electioneering on General Election Ballots by Candidates Nominated by Petition" (H.P. 425) (L.D. 656) Signed: Senators: Representatives: Minority Report of the same Committee reporting Ought to Pass as Amended by Committee Amendment "A" (H-58) on same Bill.
Signed: Senator: Representatives: _________________________________ (6-9) Majority Report of the Committee on VETERANS AND LEGAL AFFAIRS reporting Ought to Pass as Amended by Committee Amendment "A" (H-57) on Bill "An Act to Require All Candidates for Any State or County Office to Follow the Same Rules for Submission of Signatures Regarding Deadlines and the Number of Signatures" (H.P. 704) (L.D. 1108) Signed: Senators: Representatives: Minority Report of the same Committee reporting Ought Not to Pass on same Bill.
Signed: Representatives: _________________________________ (6-10) Eight Members of the Committee on JUDICIARYreport in Report "A" Ought Not to Pass on Bill "An Act to Protect Financial Privacy" (H.P. 445) (L.D. 676)
Signed: Senators: Representatives: Four Members of the same Committee report in Report "B" Ought to Pass as Amended by Committee Amendment "A" (H-61) on same Bill.
Signed: Senator: Representatives: One Member of the same Committee reports in Report "C" Ought to Pass as Amended by Committee Amendment "B" (H-62) on same Bill.
Signed:
Representative: Representative DANA of the Passamaquoddy Tribe - of the House - supports Report "C" Ought to Pass as Amended by Committee Amendment "B" (H-62). _________________________________ CONSENT CALENDAR
First Day
In accordance with House Rule 519, the following items appeared on the Consent Calendar for the First Day: (7-1) (S.P. 22) (L.D. 30) Bill "An Act to Increase the Statutory Fee for Defensive Driving Courses" Committee on TRANSPORTATION reporting Ought to Pass (7-2) (S.P. 136) (L.D. 315) Bill "An Act to Provide Funding for Drought Relief and Other Programs Benefiting Maine Farmers" Committee on AGRICULTURE, CONSERVATION AND FORESTRY reporting Ought to Pass as Amended by Committee Amendment "A" (S-27) (7-3) (S.P. 350) (L.D. 791) Bill "An Act to Support the Maintenance of Historic Fort George in Castine" Committee on AGRICULTURE, CONSERVATION AND FORESTRY reporting Ought to Pass as Amended by Committee Amendment "A" (S-26) (7-4) (H.P. 282) (L.D. 465) Bill "An Act to Provide for an Electronic Permit for the Disposition of Human Remains" Committee on HEALTH AND HUMAN SERVICES reporting Ought to Pass (7-5) (H.P. 21) (L.D. 17) Bill "An Act to Amend the Membership Requirements of the State Claims Commission" Committee on TRANSPORTATION reporting Ought to Pass as Amended by Committee Amendment "A" (H-55) (7-6) (H.P. 63) (L.D. 95) Bill "An Act Concerning the Membership of the State Emergency Response Commission and Fees for Registering Facilities Required to Report to That Commission" Committee on CRIMINAL JUSTICE AND PUBLIC SAFETYreporting Ought to Pass as Amended by Committee Amendment "A" (H-54) (7-7) (H.P. 165) (L.D. 260) Bill "An Act to Make Supplemental Allocations from the Highway Fund and Other Funds for the Expenditures of State Government and to Change Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Year Ending June 30, 2023" (EMERGENCY) Committee on TRANSPORTATION reporting Ought to Pass as Amended by Committee Amendment "A" (H-59) (7-8) (H.P. 235) (L.D. 384) Bill "An Act Addressing Agriculture, Conservation and Forestry in Maine" Committee on AGRICULTURE, CONSERVATION AND FORESTRY reporting Ought to Pass as Amended by Committee Amendment "A" (H-53) (7-9) (H.P. 370) (L.D. 575) Bill "An Act Regarding a Seat Belt Exemption for Persons with a Medical Condition" Committee on TRANSPORTATION reporting Ought to Pass as Amended by Committee Amendment "A" (H-56) (7-10) (H.P. 523) (L.D. 834) Bill "An Act to Ensure Transparency in the Labeling of Meat as Grass-fed" Committee on AGRICULTURE, CONSERVATION AND FORESTRY reporting Ought to Pass as Amended by Committee Amendment "A" (H-48)
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Acts (10-1) An Act to Update Reimbursement Rates for Transportation of Deceased Persons by Funeral Homes (S.P. 222) (L.D. 505) (10-2) An Act to Protect the Public Health by Allowing the Appointment of Associate Health Officers (S.P. 227) (L.D. 510) (10-3) An Act to Designate Maine Irish Heritage Day (H.P. 405) (L.D. 628)
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. Expression of Legislative Sentiment Recognizing Walker Oliver, of Hodgdon (SLS 81)
- In Senate, READ and PASSED. - CARRIED OVER to any special or regular session, of the 131st Legislature, pursuant to Joint Order S.P. 594 on March 30, 2023. TABLED - February 7, 2023 (Till Later Today) by Representative QUINT of Hodgdon. PENDING - PASSAGE.
2. Joint Order, Directing the Joint Select Committee on Housing to Study the Foreclosure Process in the State (H.P. 372)
- CARRIED OVER to any special or regular session, of the 131st Legislature, pursuant to Joint Order S.P. 594 on March 30, 2023. TABLED - February 14, 2023 (Till Later Today) by Representative DUCHARME of Madison. PENDING - PASSAGE.
3. Bill "An Act to Protect Maine Taxpayers by Requiring a Person to Be a United States Citizen to Receive General Assistance Benefits and to Ensure Municipal Compliance with Federal Immigration Laws" (H.P. 437) (L.D. 668)
(Committee on HEALTH AND HUMAN SERVICES suggested) - CARRIED OVER to any special or regular session, of the 131st Legislature, pursuant to Joint Order S.P. 594 on March 30, 2023. TABLED - February 16, 2023 (Till Later Today) by Representative GREENWOOD of Wales. PENDING - REFERENCE.
4. Expression of Legislative Sentiment in Memory of Jacqueline M. Labbe, of Minot (HLS 82)
- CARRIED OVER to any special or regular session, of the 131st Legislature, pursuant to Joint Order S.P. 594 on March 30, 2023. TABLED - February 28, 2023 (Till Later Today) by Representative LIBBY of Auburn. PENDING - ADOPTION.
5. JOINT RESOLUTION COMMEMORATING WOMEN'S HISTORY MONTH AND INTERNATIONAL WOMEN'S DAY (S.P. 461)
- In Senate, READ and ADOPTED. - CARRIED OVER to any special or regular session, of the 131st Legislature, pursuant to Joint Order S.P. 594 on March 30, 2023. TABLED - March 16, 2023 (Till Later Today) by Representative TERRY of Gorham. PENDING - ADOPTION.
6. HOUSE DIVIDED REPORT - Majority (9) Ought Not to Pass - Minority (3) Ought to Pass - Committee on ENERGY, UTILITIES AND TECHNOLOGY on Bill "An Act to Repeal the Law Regarding the Northern Maine Renewable Energy Development Program" (H.P. 227) (L.D. 376)
- CARRIED OVER to any special or regular session, of the 131st Legislature, pursuant to Joint Order S.P. 594 on March 30, 2023. TABLED - March 16, 2023 (Till Later Today) by Representative TERRY of Gorham. PENDING - ACCEPTANCE OF EITHER REPORT.
7. Resolve, Regarding Legislative Review of Portions of Chapter 100: Enforcement Procedures, a Major Substantive Rule of the Maine Health Data Organization (EMERGENCY) (H.P. 251) (L.D. 418)
- CARRIED OVER to any special or regular session, of the 131st Legislature, pursuant to Joint Order S.P. 594 on March 30, 2023. TABLED - March 28, 2023 (Till Later Today) by Representative TERRY of Gorham. PENDING - FINAL PASSAGE.
8. Expression of Legislative Sentiment in Memory of Sarah Watson, of Vassalboro (SLS 328)
- In Senate, READ and ADOPTED. TABLED - April 5, 2023 (Till Later Today) by Representative BRADSTREET of Vassalboro. PENDING - ADOPTION.
9. Expression of Legislative Sentiment Recognizing Shawn Vincent, of Auburn (HLS 238)
TABLED - April 12, 2023 (Till Later Today) by Representative ARATA of New Gloucester. PENDING - PASSAGE.
10. HOUSE DIVIDED REPORT - Majority (8) Ought to Pass as Amended by Committee Amendment "A" (H-31) - Minority (5) Ought Not to Pass - Committee on ENVIRONMENT AND NATURAL RESOURCES on RESOLUTION, Proposing an Amendment to the Constitution of Maine to Establish a Right to a Clean and Healthy Environment (H.P. 575) (L.D. 928)
TABLED - April 12, 2023 (Till Later Today) by Representative GRAMLICH of Old Orchard Beach. PENDING - ACCEPTANCE OF EITHER REPORT.
11. HOUSE DIVIDED REPORT - Majority (6) Ought to Pass as Amended by Committee Amendment "A" (H-47) - Minority (3) Ought Not to Pass - Committee on TAXATION on Bill "An Act to Support Parents by Providing a Sales Tax Exemption for Diapers" (H.P. 185) (L.D. 287)
TABLED - April 20, 2023 (Till Later Today) by Representative MATLACK of St. George. PENDING - ACCEPTANCE OF EITHER REPORT.
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State of Maine http://legislature.maine.gov/HouseCalendar House Supplement No. 1
(1-1) Bill "An Act to Protect Maine's Transit Employees" (S.P. 721) (L.D. 1796) (1-2) Bill "An Act to Add Certain Volunteer Firefighters to the Definition of 'Volunteer Firefighter'" (S.P. 727) (L.D. 1802)
Come from the Senate, REFERRED to the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY and ordered printed.
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(1-3) Bill "An Act to Support School Choice by Establishing Empowerment Scholarship Accounts" (S.P. 723) (L.D. 1798) (1-4) Bill "An Act to Expand Maine's High-quality Early Learning and Care for Children by Increasing Public Preschool Opportunities in Communities" (S.P. 724) (L.D. 1799) (1-5) Bill "An Act Regarding Parental Rights in Education" (S.P. 725) (L.D. 1800)
Come from the Senate, REFERRED to the Committee on EDUCATION AND CULTURAL AFFAIRS and ordered printed.
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(1-6) Bill "An Act to Make the ConnectMaine Authority Responsible for Attachments to and Joint Use of Utility Poles and to Establish Procedures for Broadband Service Infrastructure Crossing Railroad Tracks" (S.P. 716) (L.D. 1791)
Comes from the Senate, REFERRED to the Committee on ENERGY, UTILITIES AND TECHNOLOGY and ordered printed.
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(1-7) Bill "An Act to Establish the Office of the Inspector General of Child Protection" (S.P. 713) (L.D. 1788) (1-8) Resolve, to Establish the Rural Health Services Task Force (S.P. 717) (L.D. 1792) (1-9) Resolve, Directing the Department of Health and Human Services to Contract for Discounted Insulin Manufactured and Distributed by Civica Rx (S.P. 718) (L.D. 1793) (1-10) Resolve, to Increase Transparency and Evaluate Emergency Response Through a COVID-19 Review Commission (EMERGENCY) (S.P. 726) (L.D. 1801)
Come from the Senate, REFERRED to the Committee on HEALTH AND HUMAN SERVICES and ordered printed.
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(1-11) Bill "An Act to Protect Patients by Prohibiting Certain Medical Facility Fees" (S.P. 720) (L.D. 1795)
Comes from the Senate, REFERRED to the Committee on HEALTH COVERAGE, INSURANCE AND FINANCIAL SERVICES and ordered printed.
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(1-12) Bill "An Act to Expand Maine's Health Care Workforce by Expanding Educational Opportunities and Providing Tax Credits" (S.P. 722) (L.D. 1797) (1-13) Bill "An Act to Require Online Used Car Dealers to Be Licensed" (S.P. 731) (L.D. 1806)
Come from the Senate, REFERRED to the Committee on INNOVATION, DEVELOPMENT, ECONOMIC ADVANCEMENT AND BUSINESSand ordered printed.
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(1-14) Bill "An Act Regarding Trustee Duties to Beneficiaries" (S.P. 710) (L.D. 1763) (1-15) Bill "An Act Regarding the Charge for Research Time by State Agencies for Freedom of Access Act Requests" (S.P. 711) (L.D. 1764) (1-16) Bill "An Act to Remove All Marijuana-related Provisions from the Maine Criminal Code and Expunge All Convictions Involving Marijuana" (S.P. 714) (L.D. 1789) (1-17) Bill "An Act Removing the Statute of Limitations on Criminal and Civil Actions Involving Sexual Abuse of Minors" (S.P. 715) (L.D. 1790)
Come from the Senate, REFERRED to the Committee on JUDICIARY and ordered printed.
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(1-18) Bill "An Act to Clarify the Disability Retirement Program of the Maine Public Employees Retirement System" (S.P. 706) (L.D. 1759) (1-19) Bill "An Act to Include Certain Crisis Outreach and Crisis Services Workers Under the 1998 Special Plan for Retirement" (S.P. 707) (L.D. 1760) (1-20) Bill "An Act to Include Certain Mental Health Workers Under the 1998 Special Plan for Retirement" (S.P. 708) (L.D. 1761) (1-21) Bill "An Act to Require the Bureau of Labor Standards to Create and Distribute in Workplaces a Veterans' Benefits and Services Poster" (S.P. 709) (L.D. 1762) (1-22) Bill "An Act to Enhance the Predictability of Mandated Overtime for Pulp or Paper Manufacturing Facility Employees" (S.P. 719) (L.D. 1794) (1-23) Bill "An Act to Improve the Maine Workers' Compensation Act of 1992" (S.P. 728) (L.D. 1803)
Come from the Senate, REFERRED to the Committee on LABOR AND HOUSING and ordered printed.
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(1-24) Bill "An Act to Provide Transparency and Accountability for Corporate Tax Expenditures" (S.P. 729) (L.D. 1804)
Comes from the Senate, REFERRED to the Committee on TAXATION and ordered printed.
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(1-25) Bill "An Act to Increase State Oversight of Election Funding by Requiring Approval by the Legislature" (S.P. 730) (L.D. 1805)
Comes from the Senate, REFERRED to the Committee on VETERANS AND LEGAL AFFAIRS and ordered printed.
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State of Maine http://legislature.maine.gov/HouseCalendar House Supplement No. 2
(4-1) On motion of Speaker TALBOT ROSS of Portland, the following Joint Order: (H.P. 1158)
WHEREAS, the Constitution of Maine, Article VI, Section 3 provides for the Justices of the Supreme Judicial Court to render their opinion on important questions of law and upon solemn occasions;and
WHEREAS, it appears to the 131st Legislature that the following are important questions of law and that this is a solemn occasion; and
WHEREAS, the Constitution of Maine, Article IV, Part Third, Section 18 provides the ability of electors to propose to the Legislature any bill, resolve or resolution and furtherprovides the procedures to be followed by the initiators, including filing the petition for a direct initiative of legislation, addressed to the Legislature, with the Secretary of State within a specified number of days after the convening of a regular session; and
WHEREAS, the Constitution of Maine, Article IV, Part Third, Section 18, Subsection 2 provides in 2 different places that the Legislature must be given the opportunity to act on the measure: "The measure thus proposed, unless enacted without change by the Legislature at the session at which it is presented, shall be submitted to the electors together with any … recommendation of the Legislature" [emphasis added]; and further that "[i]fthe measure initiated is enacted by the Legislature without change, it shall not go to areferendum vote…" [emphasis added];and
WHEREAS, for the Legislature to exercise its right under the Constitution of Maine to act on a measure, the measure must be before the Legislature in the form of a legislative document; and
WHEREAS, 4 measures proposed by electors were presented to the Secretary of State; and
WHEREAS, the Secretary of State transmitted 2 of the measures to the Legislature on February 16, 2023 to be produced by the Office of the Revisor of Statutes as legislative documents for consideration by the Legislature and 2 were transmitted to the Legislature on March 22, 2023 to be produced by the Office of the Revisor of Statutes as legislative documents for consideration by the Legislature;and
WHEREAS, before the Legislature was presented with any of the measures produced as legislative documents, the First Regular Session of the 131st Legislature, due to unforeseen circumstances, adjourned on March 30, 2023; and
WHEREAS, prior to its adjournment, the First Regular Session of the 131st Legislature passed a joint order carrying over to a subsequent session of the 131st Legislature "…all matters not finally disposed of at the time of adjournment…in thepossession of the Legislature, including working papers and drafts in the possession of nonpartisan staff offices…" [See Senate Paper 594]; and
WHEREAS, among the working papers and drafts in the possession of the nonpartisan staff office the Office of the Revisor of Statutes were the 4 measures, having not yet been prepared as legislative documents;and
WHEREAS, the 131st Legislature convened in special session 6 days after adjournment, on April 5, 2023; and
WHEREAS, on April 10, 2023, 2 of the measures, as prepared by the Office of the Revisor of Statutes, were transmitted to the Clerk of the House, given Legislative Document numbers, L.D. 1610 and L.D. 1611, printed and presented to the Legislature; and
WHEREAS, on April 11, 2023, the Secretary of State issued 4 proclamations of the Governor proclaiming that an election be held for all 4 measures, overlooking the right of the Legislature to consider these measures as provided by the Constitution of Maine, Article IV, Part Third, Section 18, Subsection 2;and
WHEREAS, the issuance of these proclamations casts doubt on the ability of the Legislature to legitimately act on the direct initiatives of legislation now before it, including the right of the Legislature to enact the measures without change and prevent the measures from going to referendum vote, as is the Legislature's right under the Constitution of Maine;and
WHEREAS, there are now questions before the Legislature regarding the ability of the Legislature to act on these 4 legislative documents and the consequences of any actions taken to enact these 4 legislative documents;and
WHEREAS, it is important that the Legislature be informed as to the questions raised in this order; now, therefore, be it ORDERED, the Senate concurring, that, in accordance with the provisions of the Constitution of Maine, the House of Representatives and the Senate respectfully request the Justices of the Supreme Judicial Court to give their opinion to the House of Representatives and the Senate on the following questions of law:
Question 1. Is the mere transmittal of a measure by the Secretary of State to the Legislature's bill production office for preparation as a legislative document sufficient to constitute "presented to the Legislature," thus eliminating the right of the Legislature to act on the measure as specified in the Constitution of Maine, Article IV, Part Third, Section 18, Subsection 2?
Question 2. If the answer to Question 1 is in the affirmative, is the 131st Legislature, now assembled in the First Special Session, precluded from acting on such a measure?
Question 3. If the answer to Question 2 is in the negative and the Legislature enacts such a measure without change, is the bill thus enacted by the Legislature considered a competing measure as described in the Constitution of Maine, Article IV, Part Third, Section 18, Subsection 2?
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State of Maine http://legislature.maine.gov/HouseCalendar House Supplement No. 3
CONSENT CALENDAR
First Day
In accordance with House Rule 519, the following item appeared on the Consent Calendar for the First Day: (7-1) (S.P. 73) (L.D. 134) Bill "An Act to Increase the Handling Fee for Beverage Containers Reimbursed to Dealers and Redemption Centers" Committee on ENVIRONMENT AND NATURAL RESOURCES reporting Ought to Pass as Amended by Committee Amendment "A" (S-34)
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