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The House CalendarThe Advance Journal and Calendar of the House of Representatives Thursday, July 6, 2023
Calling of the House to Order by the Speaker.
Prayer by Honorable Caleb Joshua Ness, Fryeburg.
National Anthem by Honorable Caleb Joshua Ness, Fryeburg.
Pledge of Allegiance.
Reading of the Journal of Tuesday, June 27, 2023. _________________________________
(1-1) Bill "An Act to Improve the Health of Maine Residents by Removing Exclusions to the MaineCare Program" (H.P. 123) (L.D. 199)
Majority (8) OUGHT TO PASS AS AMENDED Report of the Committee on HEALTH AND HUMAN SERVICES READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-103) in the House on June 26, 2023.
Comes from the Senate with the Minority (5) OUGHT NOT TO PASS Report of the Committee on HEALTH AND HUMAN SERVICES READ and ACCEPTED in NON-CONCURRENCE.
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(2-1) The Following Communication: (H.C. 224)
and accompanying veto, item (2-2)
STATE OF MAINE OFFICE OF THE GOVERNOR 1 STATE HOUSE STATION AUGUSTA, MAINE 04333-0001
June 30, 2023
The 131st Legislature of the State of Maine State House Augusta, Maine
Dear Honorable Members of the 131st Legislature:
By the authority vested in me by Article IV, Part Third, Section 2 of the Constitution of the State of Maine, I am hereby vetoing LD 2004, An Act To Restore Access to Federal Laws Beneficial to the Wabanaki Nations.
Like many Maine people, I do not want to see the Wabanaki Nations unfairly excluded from benefits that are generally available to Federally recognized Tribes. I believe the interest we share to do right by the Wabanaki Nations and Maine people must be accomplished through legislation that is clear, thoroughly vetted, and well understood by all parties. Unfortunately, I do not believe that LD 2004 achieves these important standards, and I fear it would result in years, if not decades, of new, painful litigation that would exacerbate our government-to-government relationship and only further divide the state and our people.
That said, I strongly believe that the stated goals of LD 2004 - to ensure the Wabanaki Nations are fairly benefitting from Federal law - can and should be achieved by other simple measures that do not cause confusion and litigation. In considering the idea behind this legislation, I believe it is important to understand the underpinnings of the Maine Indian Claims Settlement Act (MICSA). The settlement - painstakingly negotiated - was mutually beneficial in many ways:
1. It provided $81.5 million (today's equivalent of more than $290 million) in Federal funds to the Tribes and the authority to acquire up to 300,000 acres of land around the state from willing private landowners, in addition to their existing reservation lands. Following the enactment of MICSA, the Tribes used this funding and authority to acquire land across the State of Maine and, today, the Passamaquoddy Tribe and Penobscot Nation have greater land holdings than almost any other Tribe east of the Mississippi, with the ability to continue to acquire more land.
2. In exchange for the ability to acquire land across Maine, the Tribes agreed that State law would apply in this Tribal Territory, in order to maintain a stable and consistent legal and regulatory framework, as opposed to a potentially confusing patchwork of "jurisdictional enclaves" across Maine. In this way, MICSA did something that had never been done anywhere in the country, and something that has never been replicated: it provided a way for the Tribes to reacquire extensive lands from non-tribal owners while avoiding the disruptive effects that would result from displacing State law on those parcels as they acquired them in disparate places across Maine in the decades to follow. This explains why State law applies to lands belonging to the Tribes in Maine. Maine also is not unique in this respect. State laws in Rhode Island and Massachusetts, for example, also apply to Federally recognized tribes in those states.
3. It guaranteed that the Tribes receive Federal benefits and services on the same terms as their counterparts around the country, except for only a handful of statutes that would conflict with State law. It also made the Tribes in Maine eligible for many streams of State funding, including education funding and revenue sharing, which is beneficial because other Federally recognized Tribes around the country generally do not receive such state funding.
LD 2004 focuses on the third provision addressed above. On that point, in December 2019, Suffolk University Boston prepared a report for the State of Maine Task Force on Changes to the Maine Indian Claims Settlement Act. The report identified 151 Federal laws that were enacted after the implementation of MICSA "related to or which may benefit Indians and Indian nations."
However, this does not mean that the Tribes do not receive the benefits of these 151 laws. In fact, importantly, the same report also notes that it "did not attempt to answer the question whether a law was 'for the benefit of Indians [or] Indian nations' and 'which would affect or preempt the application of the laws of the State of Maine."
In evaluating the 151 laws identified by the report at the request of the Judiciary Committee, my Office has determined that nearly all these Federal laws do apply to the Tribes in Maine. Only a handful of Federal laws - such as the Stafford Act, the Indian Healthcare Improvement Act, and the Clean Water Act-do not apply.
Therefore, the Wabanaki Nations benefit from nearly every Federal law from which every other Federally recognized Tribe benefits. This is why the Wabanaki Nations have collectively received $423.6 million in Federal funding since 2019, according to public records.
I will now turn to LD 2004 and the serious substantive flaws with this legislation:
State Law Cannot Override Federal Law
The bill attempts to override a Federal law in MICSA that governs how Federal legislation applies in Maine. As a matter of Constitutional law, State laws cannot override - or preempt - Federal laws. This means that, while LD 2004 purports to make those few Federal laws that are not applicable to Tribes in Maine applicable, in actuality, it would not. As Attorney General Aaron Frey noted in his testimony, "the bill may not be effective at achieving its stated intent."
Imprecise Language Would Lead to Litigation
While the bill cannot override Federal law, the language in LD 2004 would impact State law- and it would impact it in serious ways that would result in widespread confusion about how and where Maine law applied.
This is because LD 2004 "modifies", or would effectively repeal, a broad swath of Maine laws governing public health, safety, and welfare in all Wabanaki Nations Territory, presently held and later acquired - territory that is scattered across the state and that was acquired pursuant to the agreement that they would remain subject to State laws in perpetuity to avoid the very problem that LD 2004 would create. Those laws could cover fish and game regulations, water quality and land use regulations, Forest Practices Act provisions, air quality standards, labor laws, fire safety and building standards, nondiscrimination laws, school funding and education requirements, subdivision laws, health care regulations, and the probate code, among others. The bill does not identify exactly which State laws would be "modified", which is a serious problem.
This would create great uncertainty. How are Maine people, businesses, and municipalities to know what laws are in effect where and under what circumstances? And when these inevitable questions arise, I fear they would only be solved through contentious lawsuits decided over the course of years, if not decades. After all, we have to acknowledge that the Tribes and the State have been on opposing sides in court over much clearer legal language - let alone the repeal of a host of unspecified laws - and some of those lawsuits took the better part of a decade for multiple courts to decide.
As the Town Manager for Lincoln put it:
"This bill is of significant concern to us because of the lack of clarity with respect to what it may mean in terms of state and municipal jurisdiction. It's impossible to evaluate the practical impact of this bill as drafted, particularly with so little time. We may not be opposed to having additional federal laws apply in Maine, but we want to know what they are, so that we can understand the consequences."
These same concerns were also expressed by the Towns of Baileyville, Carrabasset Valley, Dover Foxcroft, East Millinocket, Howland, Mattawamkeag, and Millinocket, as well as the City of Calais, and the Guilford-Sangerville Sanitary District and the Veazie Sewer District.
I know that during the work session on this bill, lawmakers attempted to address some of these concerns through an amendment, which some have referred to as "environmental carve-out" provisions. These carve outs were apparently intended to exempt several Federal environmental laws from the scope of the bill, but LD 2004's actual language does not accomplish that result. This is because the carve-outs only apply to statutes that "directly or indirectly extend the jurisdiction" of the Wabanaki Nations beyond their Indian Territory. But no Federal statute directly or indirectly extends tribal jurisdiction beyond Indian Territory - they only apply within Indian Territory. So, the carve outs do not actually apply to any Federal statutes.
Maine's Fight with the Federal Government Over Our Lobster Fishery is a Cautionary Tale
I believe it is also important to keep in mind that there are other potentially serious ramifications to removing the nearly 300,000 acres of land now held in Trust by the Tribes, and any new lands acquired by the Tribes in the future, from any State or local regulation. LD 2004 would transfer the State's regulatory authority in that area to the Federal government. Federal law also invites Federal involvement which can lead to Federal meddling. The turmoil that the Federal government just put Maine lobstermen through with its vast overreach, scientifically baseless, and tremendously burdensome Right Whale regulations should give us pause and serve as a cautionary tale of the unintended consequences that Maine people could suffer under such an agreement.
Unintended Consequences Are Effectively Irreversible
To make this worse, these unintended consequences would be very difficult to fix.
If the language of this bill leads to unintended consequences (as I believe it would), then the Maine Legislature, under the terms of the Maine Implementing Act (MIA), would be powerless to solve the problems created by the bill without the express agreement of each of the four Wabanaki Nations.
This means that this bill would operate like a binding contract, and these changes would be effectively irreversible.
This is an incredibly high stakes proposition for the 1.3 million citizens of Maine, as well as for future generations, which is why I continue to emphasize the need for a well-vetted bill that includes specific and detailed language that is well-understood and agreed upon by all parties involved.
Lack of Public Process
I believe the problems I have outlined with this bill are in part the direct result of a lack of a comprehensive public process.
LD 2004 was printed and referred to the Legislature's Judiciary Committee on May 30, the same day legislative committees were expected to conclude their regular work for the session. The bill was then scheduled for a public hearing at nine o'clock the following morning, which did not allow the public a meaningful opportunity to be heard on this highly consequential legislation.
The Judiciary Committee held a work session on June 6, during which proponents offered a complex, substantially rewritten draft of the bill that had not previously been made public.
Following a second work session on June 15, a divided Committee voted to approve that re-written draft, with an oral amendment intended to address two of the errors that had been identified within it. The final language of this bill was not printed and available to the public - or the even the Legislature itself-until June 20, the same day it was voted on in both the House and Senate.
It does not have to be this way.
State-Tribal Collaboration Produces Positive Results
When the State and Tribes work together deliberately and respectfully, we can make significant progress. For example, last year, after constructive dialogue, I signed into law LD 906 to address drinking water issues at Pleasant Point Reservation. And following months of negotiations between my Administration and the Tribes, I signed into law LD 585 - a law that: 1) delivers important tax benefits to Tribal communities, and, among other things; 2) gives the Tribes the opportunity to benefit from online sports wagering, an industry from which they have historically been excluded.
This year, my Administration worked closely with the Mi'kmaq Nation and the Attorney General's Office to draft LD 1620, An Act to Amend Laws Relating to the Mi'kmaq Nation and to Provide Parity to the Wabanaki Nations. This important, 30-page bill amends both MIA as well as the Mi'kmaq and Maliseet Settlement Acts, and it will result in significant, beneficial reform for the Mi'kmaq Nation. I am truly looking forward to signing this historic legislation into law.
I continue to strongly believe that these bills are examples of how a collaborative process - consisting of respectful negotiation, careful drafting, and thorough review - can produce good legislation, benefit the Tribes, and improve the State-Tribal relationship. To me, these bills and the process that led to them are a model for how we can and should make continued progress. Unfortunately, that is the exact opposite of what happened with LD 2004.
Ready to Negotiate to Make Progress
I do not believe that MICSA is sacrosanct and should not be changed. In fact, I recognize that it is a 40-year-old document, and I believe that, working together, we should consider amendments to address unanticipated circumstances or identified problems. To that end, I strongly believe that the stated goals of LD 2004-to ensure the Wabanaki Nations are fairly benefitting from Federal law - can and should be achieved through clear and direct legislation that creates no confusion or risk of litigation.
As I noted above, there are only a limited handful of Federal laws that do not apply to Tribes in Maine. Proponents of LD 2004, both in the Judiciary Committee and on the House floor, have often cited two of these laws as potentially offering real and meaningful benefits: the Stafford Act and the Indian Healthcare Improvement Act.
I stand ready to work with the Tribes and with Maine's Congressional Delegation today to develop and support Federal legislation to make those laws apply to the Wabanaki Nations immediately and I know that U.S. Senator Angus King stands ready to assist.
Conclusion: Collaboration, Not Litigation
My overarching goal is to foster a relationship between the State and the Tribes that is defined by collaboration, not conflict and litigation.
When we have worked together over the last four years, we have accomplished great things - amending Maine law to allow Tribal prosecutions of certain domestic violence offenses; putting in place the strictest water quality standards in the country to protect sustenance fishing; enacting a first-in-the-nation statute requiring Tribal collaboration in State agency decision-making; delivering tax benefits for Tribal members and their businesses; providing the exclusive opportunity to engage in mobile sports wagering operations; adopting a state Indian Child Welfare Act; and-now- reforming our laws to dramatically expand the authorities of the Mi'kmaq Nation and Houlton Band of Maliseet Indians, among many others.
This is more progress in four years than any governor has made in the past 40 years. None of these achievements were easy. They were the result of deliberate and respectful dialogue and negotiation. I truly believe we can accomplish the intended goals of LD 2004 by following this same collaborative, respectful approach that led to these successes and ultimately deliver on the promise of greater benefits for Tribal communities while avoiding the confusion and litigation that would clearly result from LD 2004.
I care for the health, welfare, opportunity, prosperity, and future of the Wabanaki people, just as I care for every Maine person. We all call this beautiful place that we know as Maine home, and I remain committed to collaborating with the Tribes, the Legislature, the Attorney General, and Maine's Congressional Delegation to improve the lives and livelihoods of all people in Maine, tribal and non-tribal alike.
Sincerely,
S/ Janet T. Mills Governor
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(2-2) The accompanying item An Act to Restore Access to Federal Laws Beneficial to the Wabanaki Nations (H.P. 1284) (L.D. 2004)
_________________________________ PETITIONS, BILLS AND RESOLVES REQUIRING REFERENCE
Pursuant to Statute
(3-1) Representative MOONEN for the Maine Commission on Indigent Legal Services pursuant to the Maine Revised Statutes, Title 5, section 8072 asks leave to report that the accompanying Resolve, Regarding Legislative Review of Portions of Chapter 301: Fee Schedule and Administrative Procedures for Payment of Court or Commission Assigned Counsel, a Late-filed Major Substantive Rule of the Maine Commission on Indigent Legal Services (EMERGENCY) (H.P. 1300) (L.D. 2018)
Be REFERRED to the Committee on JUDICIARY and printed pursuant to Joint Rule 218.
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SPECIAL SENTIMENT CALENDAR
In accordance with House Rule 519 and Joint Rule 213, the following items: Recognizing: (5-1) Sarah Moore, of Lisbon, who won the Long Jump Event and the Triple Jump Event at the New England Interscholastic Girls Outdoor Track and Field Championship and the High Jump Event and Long Jump Event at the Class C Girls Outdoor Track and Field Championship. We extend our congratulations and best wishes;
(SLS 931)
(5-2) Literacy Volunteers of Kennebec, in Augusta, which is celebrating its 50th Anniversary of service to its communities. We extend our congratulations and best wishes;
(SLS 932)
(5-3) Viola Dwelley, of Alexander, who celebrated her 100th birthday on June 11, 2023. We extend our congratulations and best wishes;
(SLS 933)
(5-4) the Old Town High School Varsity Baseball Team, which won the Class B North Championship. We extend our congratulations and best wishes;
(SLS 934)
(5-5) Reagan Atienza Bossong, of Cumberland, who has earned the distinction of being named Valedictorian of the 2023 graduating class of Cheverus High School. We extend our congratulations and best wishes;
(HLS 542) Presented by Representative MORIARTY of Cumberland. Cosponsored by Senator PIERCE of Cumberland.
(5-6) Kathleen Chase, of Freedom, on her retirement from teaching with Regional School Unit 3 after 20 years of service. We extend our congratulations and best wishes;
(HLS 543) Presented by Representative HYMES of Waldo. Cosponsored by Senator CURRY of Waldo, Representative CYRWAY of Albion.
(5-7) Glori Hewett, of Hallowell, on her retirement from teaching with Regional School Unit 3 after 24 years of service. We extend our congratulations and best wishes;
(HLS 544) Presented by Representative HYMES of Waldo. Cosponsored by Senator HICKMAN of Kennebec, Representative SHAGOURY of Hallowell.
(5-8) Frank Bridges, of Northport, on his retirement from working as a library media specialist with Regional School Unit 3 after 22 years of service. We extend our congratulations and best wishes;
(HLS 545) Presented by Representative HYMES of Waldo. Cosponsored by Senator CURRY of Waldo, Representative DODGE of Belfast.
(5-9) Jennifer Delorenzo, of Unity, on her retirement from teaching with Regional School Unit 3 after 24 years of service. We extend our congratulations and best wishes;
(HLS 546) Presented by Representative HYMES of Waldo. Cosponsored by Senator CURRY of Waldo.
(5-10) Donald Rines, of Waterville, who is celebrating his 100th birthday on July 14, 2023. We extend our congratulations and best wishes;
(HLS 547) Presented by Representative WHITE of Waterville. Cosponsored by Senator LaFOUNTAIN of Kennebec, Representative MADIGAN of Waterville.
(5-11) Susan Pellerin, of Monroe, on her retirement from teaching with Regional School Unit 3 after 24 years of service. We extend our congratulations and best wishes;
(HLS 548) Presented by Representative HYMES of Waldo. Cosponsored by Senator CURRY of Waldo.
In Memory of: (5-12) John R. Hilton, of Newcastle. Mr. Hilton was a ship engineer, working for Exxon and on the passenger liner S.S. Constitution on its run between New York City and Italy. He later became a realtor and served on the local board and the state association as its treasurer. He served many years as a director, including as president of the board, of Damariscotta Bank and Trust. He was a devoted member of the Lions Club International and served in several leadership roles, including district governor. Mr. Hilton will be long remembered and sadly missed by his family and friends and all those whose lives he touched;
(HLS 539) Presented by Representative CRAFTS of Newcastle. Cosponsored by Senator RENY of Lincoln, Representative STOVER of Boothbay.
(5-13) Michael Hayter, of Westbrook. Mr. Hayter will be long remembered and sadly missed by his family and friends;
(HLS 540) Presented by Representative RIELLY of Westbrook. Cosponsored by Senator DUSON of Cumberland, Senator NANGLE of Cumberland, Representative GATTINE of Westbrook, Representative SALISBURY of Westbrook.
(5-14) Brittney Cockrell, of Westbrook. Ms. Cockrell will be long remembered and sadly missed by her family and friends;
(HLS 541) Presented by Representative RIELLY of Westbrook. Cosponsored by Senator DUSON of Cumberland, Senator NANGLE of Cumberland, Representative GATTINE of Westbrook, Representative SALISBURY of Westbrook.
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Divided Report (6-1) Majority Report of the Committee on APPROPRIATIONS AND FINANCIAL AFFAIRS reporting Ought to Pass as Amended by Committee Amendment "A" (H-717) on Bill "An Act Making Unified Appropriations and Allocations from the General Fund and Other Funds for the Expenditures of State Government and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2023, June 30, 2024 and June 30, 2025" (EMERGENCY) (H.P. 163) (L.D. 258) Signed: Senators: Representatives: Minority Report of the same Committee reporting Ought Not to Pass on same Bill.
Signed: Representative: _________________________________ CONSENT CALENDAR
First Day
In accordance with House Rule 519, the following item appeared on the Consent Calendar for the First Day: (7-1) (H.P. 1289) (L.D. 2010) Bill "An Act to Correct Inconsistencies, Conflicts and Errors in the Laws of Maine" (EMERGENCY) Committee on JUDICIARY reporting Ought to Pass as Amended by Committee Amendment "A" (H-718)
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Acts (10-1) An Act to Clarify the Requirements for Adult Use Cannabis Stores to Transact Sales at Specified Events (S.P. 102) (L.D. 202)
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. 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.
2. 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.
3. 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.
4. 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.
5. Joint Order, Propounding Questions to the Supreme Judicial Court Regarding the Processing of Citizen-initiated Legislation (H.P. 1158)
TABLED - April 27, 2023 (Till Later Today) by Representative TERRY of Gorham. PENDING - PASSAGE.
6. HOUSE DIVIDED REPORT - Majority (8) Ought to Pass as Amended by Committee Amendment "A" (H-104) - Minority (5) Ought Not to Pass - Committee on TAXATION on Bill "An Act to Provide Qualifying Municipalities a Percentage of Adult Use Cannabis Sales and Excise Tax Revenues" (H.P. 56) (L.D. 88)
TABLED - May 9, 2023 (Till Later Today) by Representative CLOUTIER of Lewiston. PENDING - ACCEPTANCE OF EITHER REPORT.
7. Bill "An Act to Create Parity in the Taxation of Medicine" (H.P. 346) (L.D. 541)
- In House, Minority (2) OUGHT NOT TO PASS Report of the Committee on TAXATION READ and ACCEPTED on May 4, 2023. - In Senate, Majority (9) OUGHT TO PASS AS AMENDED Report of the Committee on TAXATION READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-73) in NON-CONCURRENCE. TABLED - May 18, 2023 (Till Later Today) by Representative PERRY of Bangor. PENDING - FURTHER CONSIDERATION.
8. HOUSE DIVIDED REPORT - Majority (7) Ought to Pass as Amended by Committee Amendment "A" (H-373) - Minority (6) Ought Not to Pass - Committee on ENERGY, UTILITIES AND TECHNOLOGY on Bill "An Act to Direct the Public Utilities Commission to Seek Informational Bids Regarding Small Modular Nuclear Reactors in the State" (H.P. 1001) (L.D. 1549)
TABLED - June 8, 2023 (Till Later Today) by Representative ZEIGLER of Montville. PENDING - Motion of same Representative to ACCEPT the Minority OUGHT NOT TO PASS Report.
9. HOUSE DIVIDED REPORT - Majority (8) Ought Not to Pass - Minority (5) Ought to Pass - Committee on HEALTH AND HUMAN SERVICES on Bill "An Act to Reduce the Shortage of Municipal Emergency Medical Services Personnel by Removing Certain Vaccination Requirements" (H.P. 378) (L.D. 601)
TABLED - June 8, 2023 (Till Later Today) by Representative MEYER of Eliot. PENDING - ACCEPTANCE OF EITHER REPORT.
10. HOUSE DIVIDED REPORT - Majority (7) Ought Not to Pass - Minority (6) Ought to Pass as Amended by Committee Amendment "A" (H-305) - Committee on EDUCATION AND CULTURAL AFFAIRS on Bill "An Act to Create a Liaison Position Between the Department of Education and the Department of Health and Human Services on Early Childhood Education Matters" (H.P. 595) (L.D. 948)
TABLED - June 8, 2023 (Till Later Today) by Representative BRENNAN of Portland. PENDING - ACCEPTANCE OF EITHER REPORT.
11. SENATE DIVIDED REPORT - Majority (8) Ought Not to Pass - Minority (5) Ought to Pass as Amended by Committee Amendment "A" (S-222) - Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY on Bill "An Act to Amend the Laws Governing the Crime of Endangering the Welfare of a Child and to Create the Crime of Aggravated Endangering the Welfare of a Child" (S.P. 319) (L.D. 761)
- In Senate, Minority OUGHT TO PASS AS AMENDED Report READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (S-222). TABLED - June 12, 2023 (Till Later Today) by Representative SALISBURY of Westbrook. PENDING - ACCEPTANCE OF EITHER REPORT.
12. HOUSE DIVIDED REPORT - Majority (10) Ought Not to Pass - Minority (2) Ought to Pass - Committee on TRANSPORTATION on Bill "An Act to Allow Hitchhiking at Night" (H.P. 489) (L.D. 800)
TABLED - June 12, 2023 (Till Later Today) by Representative WILLIAMS of Bar Harbor. PENDING - ACCEPTANCE OF EITHER REPORT.
13. SENATE DIVIDED REPORT - Majority (8) Ought Not to Pass - Minority (5) Ought to Pass as Amended by Committee Amendment "A" (S-255) - Committee on HEALTH AND HUMAN SERVICES on Bill "An Act to Reduce Child Care Provider Regulation" (S.P. 693) (L.D. 1729)
- In Senate, Majority OUGHT NOT TO PASS Report READ and ACCEPTED. TABLED - June 13, 2023 (Till Later Today) by Representative MEYER of Eliot. PENDING - ACCEPTANCE OF EITHER REPORT.
14. HOUSE DIVIDED REPORT - Majority (11) Ought Not to Pass - Minority (2) Ought to Pass as Amended by Committee Amendment "A" (H-462) - Committee on HEALTH AND HUMAN SERVICES on Bill "An Act Requiring Training Regarding and Screening for Adverse Childhood Experiences" (H.P. 874) (L.D. 1360)
TABLED - June 13, 2023 (Till Later Today) by Representative MEYER of Eliot. PENDING - ACCEPTANCE OF EITHER REPORT.
15. HOUSE DIVIDED REPORT - Majority (7) Ought to Pass as Amended by Committee Amendment "A" (H-445) - Minority (6) Ought Not to Pass - Committee on STATE AND LOCAL GOVERNMENT on Bill "An Act to Improve the Local Referendum Process by Increasing the Percentage of the Population Required to Submit a Local Referendum Question" (H.P. 870) (L.D. 1356)
TABLED - June 14, 2023 (Till Later Today) by Representative STOVER of Boothbay. PENDING - ACCEPTANCE OF EITHER REPORT.
16. HOUSE DIVIDED REPORT - Report "A" (5) Ought to Pass as Amended by Committee Amendment "A" (H-502) - Report "B" (5) Ought to Pass - Report "C" (3) Ought to Pass as Amended by Committee Amendment "B" (H-503) - Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY on Bill "An Act to Define the Term 'Solitary Confinement' for the Laws Governing a Jail or Correctional Facility" (H.P. 681) (L.D. 1086)
TABLED - June 14, 2023 (Till Later Today) by Representative SALISBURY of Westbrook. PENDING - ACCEPTANCE OF ANY REPORT.
17. Expression of Legislative Sentiment in Memory of the Honorable Herbert E. Clark, of Millinocket (HLS 485)
TABLED - June 16, 2023 (Till Later Today) by Representative JAVNER of Chester. PENDING - ADOPTION.
18. HOUSE DIVIDED REPORT - Majority (9) Ought Not to Pass - Minority (4) Ought to Pass as Amended by Committee Amendment "A" (H-650) - Committee on HEALTH AND HUMAN SERVICES on Bill "An Act to Establish a Pilot Project Regarding Harm Reduction Health Centers" (H.P. 731) (L.D. 1159)
TABLED - June 20, 2023 (Till Later Today) by Representative MEYER of Eliot. PENDING - ACCEPTANCE OF EITHER REPORT.
19. HOUSE DIVIDED REPORT - Majority (12) Ought to Pass as Amended by Committee Amendment "A" (H-674) - Minority (1) Ought to Pass as Amended by Committee Amendment "B" (H-675) - Committee on EDUCATION AND CULTURAL AFFAIRS on Bill "An Act to Establish Minimum Pay for Educational Technicians and Other School Support Staff" (H.P. 621) (L.D. 974)
TABLED - June 21, 2023 (Till Later Today) by Representative BRENNAN of Portland. PENDING - Motion of same Representative to ACCEPT the Majority OUGHT TO PASS AS AMENDED Report.
20. Expression of Legislative Sentiment in Memory of the Honorable Michael Wayne Quint, of Hodgdon (HLS 516)
TABLED - June 22, 2023 (Till Later Today) by Representative QUINT of Hodgdon. PENDING - ADOPTION.
21. SENATE DIVIDED REPORT - Report "A" (7) Ought to Pass as Amended by Committee Amendment "A" (S-397) - Report "B" (4) Ought to Pass as Amended by Committee Amendment "B" (S-398) - Report "C" (2) Ought Not to Pass - Committee on HEALTH AND HUMAN SERVICES on Bill "An Act to End the Sale of Flavored Tobacco Products" (S.P. 496) (L.D. 1215)
- In Senate, Report "A" OUGHT TO PASS AS AMENDED READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (S-397). TABLED - June 23, 2023 (Till Later Today) by Representative MEYER of Eliot. PENDING - ACCEPTANCE OF ANY REPORT.
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State of Maine http://legislature.maine.gov/HouseCalendar House Supplement No. 1
(1-1) Bill "An Act to Authorize Funding for Collective Bargaining Agreements with Certain Judicial Department Employees" (EMERGENCY) (S.P. 843) (L.D. 2019)
Committee on APPROPRIATIONS AND FINANCIAL AFFAIRS suggested and ordered printed.
Comes from the Senate, under suspension of the rules and WITHOUT REFERENCE to a Committee, the Bill READ TWICE and PASSED TO BE ENGROSSED.
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State of Maine http://legislature.maine.gov/HouseCalendar House Supplement No. 2
(1-1) Bill "An Act to Eliminate the Current Net Energy Billing Policy in Maine" (EMERGENCY) (H.P. 861) (L.D. 1347)
Majority (7) OUGHT TO PASS AS AMENDED Report of the Committee on ENERGY, UTILITIES AND TECHNOLOGY READand ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-605) AS AMENDED BY HOUSE AMENDMENT "A" (H-714) thereto in the House on June 27, 2023.
Comes from the Senate with the Minority (6) OUGHT NOT TO PASS Report of the Committee on ENERGY, UTILITIES AND TECHNOLOGY READ and ACCEPTED in NON-CONCURRENCE.
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State of Maine http://legislature.maine.gov/HouseCalendar House Supplement No. 3
(2-1) The Following Communication: (S.C. 653)
MAINE SENATE 131ST LEGISLATURE OFFICE OF THE SECRETARY
July 6, 2023
Honorable Robert B. Hunt Clerk of the House 2 State House Station Augusta, ME 04333
Dear Clerk Hunt:
Please be advised the Senate today insisted to its previous action whereby it accepted Report “B” Ought Not to Pass from the Committee on Criminal Justice and Public Safety on Bill “An Act Regarding Criminal Background Checks for the Sale, Transfer or Exchange of Firearms” (H.P. 109) (L.D. 168) in non-concurrence.
Best Regards,
S/Darek M. Grant Secretary of the Senate
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(2-2) The Following Communication: (S.C. 654)
MAINE SENATE 131ST LEGISLATURE OFFICE OF THE SECRETARY
July 6, 2023
Honorable Robert B. Hunt Clerk of the House 2 State House Station Augusta, ME 04333
Dear Clerk Hunt:
Senate Paper 748, Legislative Document 1847, “An Act to Modify the Visual Impact Standards for Offshore Wind Port Development and Establish Labor Standards for Wind Power Projects,” having been returned by the Governor, together with objections to the same, pursuant to Article IV, Part Third, Section 2 of the Constitution of the State of Maine, after reconsideration, the Senate proceeded to vote on the question: “Shall this Bill become a law notwithstanding the objections of the Governor?”
21 voted in favor and 11 against, and accordingly it was the vote of the Senate that the Bill not become a law and the veto was sustained.
Best Regards,
S/Darek M. Grant Secretary of the Senate
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State of Maine http://legislature.maine.gov/HouseCalendar House Supplement No. 4
Emergency Measure
(10-1) An Act to Fund Collective Bargaining Agreements with Executive Branch Employees (H.P. 1299) (L.D. 2017)
Reported by the Committee on Engrossed Bills as truly and strictly engrossed. This being an emergency measure, a two-thirds vote of all the members elected to the House necessary.
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Emergency Measure
(10-2) An Act to Authorize Funding for Collective Bargaining Agreements with Certain Judicial Department Employees (S.P. 843) (L.D. 2019)
Reported by the Committee on Engrossed Bills as truly and strictly engrossed. This being an emergency measure, a two-thirds vote of all the members elected to the House necessary.
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Acts (10-3) An Act to Provide Remedies for Survivors of Commercial Sexual Exploitation (H.P. 932) (L.D. 1436) (10-4) An Act to Amend the Maine Food Sovereignty Act (H.P. 1251) (L.D. 1947)
Reported by the Committee on Engrossed Bills as truly and strictly engrossed.
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State of Maine http://legislature.maine.gov/HouseCalendar House Supplement No. 5
(1-1) Bill "An Act to Make Agricultural Workers and Other Related Workers Employees Under the Wage and Hour Laws" (H.P. 249) (L.D. 398)
PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-630) in the House on June 21, 2023.
Comes from the Senate PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-630) AS AMENDED BY SENATE AMENDMENT "A" (S-423) thereto in NON-CONCURRENCE.
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(1-2) Bill "An Act to Remove Barriers to Becoming a Lawyer" (H.P. 866) (L.D. 1352)
Majority (8) OUGHT TO PASS AS AMENDED Report of the Committee on JUDICIARY READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-705) in the House on June 23, 2023.
Comes from the Senate with the Bill and accompanying papers INDEFINITELY POSTPONED in NON-CONCURRENCE.
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(1-3) An Act to Implement the Recommendations of the Working Group to Review the Process for Ongoing Review of Tax Expenditures by the Legislature (H.P. 538) (L.D. 849)
PASSED TO BE ENACTED in the House on June 20, 2023.
Comes from the Senate PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-530) AND SENATE AMENDMENT "A" (S-437) in NON-CONCURRENCE.
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State of Maine http://legislature.maine.gov/HouseCalendar House Supplement No. 6
(1-1) The following Joint Order: (S.P. 845)
ORDERED, the House concurring, that Bill, “An Act to Establish the Weighing Point Preclearance Program,” S.P. 573, L.D. 1455, and all its accompanying papers, be recalled from the Governor’s desk to the Senate.
Comes from the Senate, READ and PASSED.
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State of Maine http://legislature.maine.gov/HouseCalendar House Supplement No. 7
Acts (10-1) An Act Making Unified Appropriations and Allocations from the General Fund and Other Funds for the Expenditures of State Government and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2023, June 30, 2024 and June 30, 2025 (H.P. 163) (L.D. 258)
Reported by the Committee on Engrossed Bills as truly and strictly engrossed.
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State of Maine http://legislature.maine.gov/HouseCalendar House Supplement No. 8
Non-Concurrent Matter
(1-1) An Act to Modernize the Bureau of Motor Vehicles' Mobile Services (H.P. 855) (L.D. 1341)
PASSED TO BE ENACTED in the House on June 12, 2023. (Having previously been PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-295))
Comes from the Senate PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-295) AS AMENDED BY SENATE AMENDMENT "A" (S-435) thereto in NON-CONCURRENCE.
_________________________________ Non-Concurrent Matter
(1-2) An Act to Provide Self-service Motor Vehicle Services (S.P. 557) (L.D. 1390)
PASSED TO BE ENACTED in the House on June 1, 2023. (Having previously been PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (S-113))
Comes from the Senate PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (S-113) AS AMENDED BY SENATE AMENDMENT "A" (S-434) thereto in NON-CONCURRENCE.
_________________________________ Non-Concurrent Matter
(1-3) An Act to Authorize the Secretary of State to Provide a New General Issue of License Plates (H.P. 1262) (L.D. 1965)
PASSED TO BE ENACTED in the House on June 15, 2023. (Having previously been PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-499))
Comes from the Senate PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-499) AS AMENDED BY SENATE AMENDMENT "A" (S-433) thereto in NON-CONCURRENCE.
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State of Maine http://legislature.maine.gov/HouseCalendar House Supplement No. 9
(1-1) The following Joint Order: (S.P. 844)
ORDERED, the House concurring, that when the Senate and House adjourn, they do so until the call of the President of the Senate and the Speaker of the House, respectively.
Comes from the Senate, READ and PASSED.
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State of Maine http://legislature.maine.gov/HouseCalendar House Supplement No. 10
(1-1) An Act Relating to Net Energy Billing and Distributed Solar and Energy Storage Systems (S.P. 815) (L.D. 1986)
FAILED of PASSAGE TO BE ENACTED in the House on June 26, 2023.
Comes from the Senate PASSED TO BE ENACTED in NON-CONCURRENCE.
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State of Maine http://legislature.maine.gov/HouseCalendar House Supplement No. 11
(1-1) An Act to Protect Employee Freedom of Speech (S.P. 702) (L.D. 1756)
- In House, PASSED TO BE ENACTED on June 15, 2023. - In Senate, PASSED TO BE ENACTED on June 15, 2023, in concurrence. - RECALLED from the Governor's Desk pursuant to Joint Order, S.P. 841.
Comes from the Senate PASSED TO BE ENGROSSED AS AMENDED BY SENATE AMENDMENTS "A" (S-291) AND "B" (S-436) in NON-CONCURRENCE.
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(1-2) Bill "An Act to Improve the Health of Maine Residents by Removing Exclusions to the MaineCare Program" (H.P. 123) (L.D. 199)
PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-103) AS AMENDED BY HOUSE AMENDMENT "B" (H-720) thereto in the House on July 6, 2023.
Comes from the Senate with that Body having INSISTED on its former action whereby the Minority (5) OUGHT NOT TO PASSReport of the Committee on HEALTH AND HUMAN SERVICES was READ and ACCEPTED in NON-CONCURRENCE.
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State of Maine http://legislature.maine.gov/HouseCalendar House Supplement No. 12
Emergency Measure
(10-1) An Act to Correct Inconsistencies, Conflicts and Errors in the Laws of Maine (H.P. 1289) (L.D. 2010)
Reported by the Committee on Engrossed Bills as truly and strictly engrossed. This being an emergency measure, a two-thirds vote of all the members elected to the House necessary.
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Emergency Measure
(10-2) Resolve, Regarding Legislative Review of Portions of Chapter 301: Fee Schedule and Administrative Procedures for Payment of Court or Commission Assigned Counsel, a Late-filed Major Substantive Rule of the Maine Commission on Indigent Legal Services (H.P. 1300) (L.D. 2018)
Reported by the Committee on Engrossed Bills as truly and strictly engrossed. This being an emergency measure, a two-thirds vote of all the members elected to the House necessary.
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State of Maine http://legislature.maine.gov/HouseCalendar House Supplement No. 13
(2-1) The Following Communication: (S.C. 655)
MAINE SENATE 131ST LEGISLATURE OFFICE OF THE SECRETARY
July 6, 2023
Honorable Robert B. Hunt Clerk of the House 2 State House Station Augusta, ME 04333
Dear Clerk Hunt:
Please be advised the Senate today adhered to its previous action whereby it accepted the Minority Ought Not to Pass Report from the Committee on Energy, Utilities and Technology on Bill “An Act to Eliminate the Current Net Energy Billing Policy in Maine”(H.P. 861) (L.D. 1347) in non-concurrence.
Best Regards,
S/Darek M. Grant Secretary of the Senate
_________________________________
State of Maine http://legislature.maine.gov/HouseCalendar House Supplement No. 14
Acts (10-1) An Act to Make Agricultural Workers and Other Related Workers Employees Under the Wage and Hour Laws (H.P. 249) (L.D. 398) (10-2) An Act to Implement the Recommendations of the Working Group to Review the Process for Ongoing Review of Tax Expenditures by the Legislature (H.P. 538) (L.D. 849) (10-3) An Act to Modernize the Bureau of Motor Vehicles' Mobile Services (H.P. 855) (L.D. 1341) (10-4) An Act to Provide Self-service Motor Vehicle Services (S.P. 557) (L.D. 1390) (10-5) An Act to Authorize the Secretary of State to Provide a New General Issue of License Plates (H.P. 1262) (L.D. 1965)
Reported by the Committee on Engrossed Bills as truly and strictly engrossed.
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State of Maine http://legislature.maine.gov/HouseCalendar House Supplement No. 15
Acts (10-1) An Act to Protect Employee Freedom of Speech (S.P. 702) (L.D. 1756)
Reported by the Committee on Engrossed Bills as truly and strictly engrossed.
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