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Y LEGISLATIVE RECORD - HOUSE, May 17,2012 | Acts ‘An Act Regarding the Distribution and Sale of Spirits. (HP. 664) (1.0. 905) (S."A"S-597 to C. "A" H918) Reported by the Committee on Engrossed Bills as truly and strictly engrossed, PASSED TO BE ENACTED, signed by the ‘Speaker and sent io the Senate, By unanimous consent, all matters having been acted upon were ORDERED SENT FORTHWITH, SENATE PAPERS Non-Concurrent Matter ‘An Act To Amend Education Laws (HP. 1284) (L.0. 1742) (C."A°H-757) PASSED TO BE ENACTED in the House on March 19, 2012. ‘Came from the Senate PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A (H-757) AS ‘AMENDED BY SENATE AMENDMENT “A" (8-602) thereto in NON-CONCURRENCE “The House voted to RECEDE AND CONCUR, By unanimous consent, all matters having been acted upon were ORDERED SENT FORTHWITH ENACTORS Emergency Measure ‘An Act To Create the Maine Board of Tax Appeals, (HP, 1291) (LD. 1750) (S."A" S-603 to C. "A" H-860) Reported by the Committee on Engrossed Bills as truly and strictly engrossed, This being an emergency measure, a {wo- thirds vote of all the members elected to the House being necessary, a total was taken. 118 voted in favor ofthe same and © against, and accordingly the Bill was PASSED TO BE ENACTED, signed by the Speaker and sent to the Senate. Acts ‘An Act To Combat Human Sex Trafficking (SP. 591) (L.D. 1731) (S. "A" S-601 to C. "A" S-502) Reported by the Committee on Engrossed Bills as truly and strictly engrossed, PASSED TO BE ENACTED, signed by the Speaker and sent to the Senate. By unanimous consent, all matters having been acted upon were ORDERED SENT FORTHWITH ‘The Chair laid before the House the following item which was TABLED earlier in today's session ‘An Act To Provide a Sales Tax Exemption to Commercial Horticuturists (EMERGENCY) (HP. 187) (L.0. 234) (C."B" H-687) Which was TABLED by Representative CURTIS of Madison, pending FURTHER ACTION, Subsequently, on motion of Representative CURTIS. of Madison, TABLED UNASSIGNED. ENACTORS, ‘Mandate ‘An Act To Amend Education Laws (HP. 1284) (LD. 1742) (8. "A" S-602 to C. "A" H-757) Reported by the Committee on Engrossed Bills as truly and strictly engrossed. In accordance with the provisions of Section 21 of Article IX of the Constitution, a two-thirds vote of all the members elected to the House being necessary, a total was taken, 102 voted in favor of the same and 20 against, and accordingly the Bill was PASSED TO BE ENACTED, signed by the Speaker and sent to the Senate. ORDERED SENT FORTHWITH. ‘SENATE PAPERS, ‘The following Joint Order: (S.P. 689) ORDERED, the House concurring, that when the House and Senate adjourn they do s0 until the call of the President of the Senate and the Speaker of the House, respectively, when there Is @ need to conduct business, Came from the Senate, READ and PASSED. READ and PASSED in concurrence, By unanimous consent, all matters having been acted upon were ORDERED SENT FORTHWITH, (On motion of Representative CURTIS of Madison, the House adjoumed at 3:23 am., until the call of the President of the Senate and the Speaker of the House, respectively, when there is a need to conduct business pursuant to the Joint Order (SP. 689). 1589 t (ONE HUNDRED AND TWENTY-FIFTH LEGISLATURE SECOND REGULAR SESSION ‘52nd Legislative Day ‘Thursday, May 31, 2012 ‘The House met according to adjournment and was called to order by the Speaker. Prayer by the Honorable Susan E. Morissette, Winslow. National Anthem by Jackie Elizabeth Morissette, Winslow. Pledge of Allegiance. The Joumal of Wednesday, May 16, 2012 was read and approved, Under suspension of the rules, members were allowed to remove their jackets. COMMUNICATIONS. ‘The Following Communication: (H.C. 395) STATE OF MAINE OFFICE OF THE GOVERNOR 11 STATE HOUSE STATION AUGUSTA, MAINE 04333-0001 May 25, 2012 ‘The 125th Legislature ofthe State of Maine State House ‘Augusta, Maine Dear Honorable Members of the 125th Legisiature Under the authority vested in me by Antice IV, Part Third, Section 2 of the Constitution of the State of Maine, | am hereby vetoing LD 807, “An Act To Limit the Bonding Authority of the Maine Governmental Facities Authority to Court Facility Projects. The orginal version of ths bill would have required all bonds to {go out to the voters by removing the Authority's power to bond. 1 Understand that position and would have signed the bill However, the enacted version requires most bonds to go to voters, except for court bonds. While | strongly support the judicial branch, why should they receive special treatment? Our Constitution gives us three co-equal branches of government ‘We must have consistency among them We also need to look at all the independent authorities and the way they issue debt, Whether you call it General Obligation, Lease Revenue, or Moral Obligation, a bond is loan and loans need te be paid back, Goverment pays it back with taxpayer dollars, We owe it to Maine people to ensure that elected officials are involved and responsible for any debt because, at the ‘end of the day, its the taxpayers! money on the line. For these reasons, | am retuming LD 807 unsigned and vetoed. | strongly urge the Legislature to sustain it Sincerely, SiPaul R, LePage Governor READ and ORDERED PLACED ON FILE The accompanying item An Act To Limit the Bonding ‘Authority of the Maine Governmental Facities Authority fo Court Facility Projects (HP. 603) (L.0. 807) (C. "A" H-958) After reconsideration, the House proceeded to vote on the question, ‘Shall this Bil become a law notwithstanding the objections of the Governor?’ A ral call was taken. LEGISLATIVE RECORD - HOUSE, May 31, 2012 The SPEAKER: The pending question before the House is, "Shall this Bll become a law notwithstanding the objections of the Governor? All those in favor will vote yes, those opposed will vote no, ROLL CALL NO. 365V YEA - Beaulieu, Bickford, Black, Burs DC, Cell, Chase, Clark T, Cotta, Crafis, Cray, Crockett, Cushing, Damon, Davis, Dow, Dunphy, Espling, Fitts, Fitzpatrick, Flood, Fossel, Foster, Gifford, Guerin, Hamper, Harmon, Harvall, Johnson D, Johnson P, Keschl, Knapp, Knight, Maker, Malaby, McClellan, McFadden, McKane, Morissette, Nass, Newendyke, O'Connor, Olsen, Parker, Pany, Picchiott, Plummer, _ Richardson D, Richardson W, Rioux, Rosen, Sanderson, | Sarty, Sirocki, Strang Burgess, Titon, Tumer, Volk, Waterhouse, Wilette A, Willette M, Winsor, Wood, Mr. Speaker. NAY - Ayotte, Beaudoin, Beavers, Beck, Beliveau, Bery, Blodgett, Boland, Bolduc, Briggs, Bryant, Cain, Carey, Casavant Cobra, Chapman, Chipman, Clark H, Clarke, Curtis, ill J, Dion, Driscoll, Eberle, Edgecomb, Eves, Flemings, Gilbert, Goode, Graham, Hanley, Harlow, Haskell, Hayes, Herbig, Hinck, Hogan, Hunt, Innes Walsh, Kaenrath, Kent, Kruger, Kumiega, Lajoie, Long, Longstaff, Luchini, MacDonald, Maloney, Martin, Nazurek, MeCabe, Monaghan-Derrig, Morrison, Moulton, Nelson, O'Brien, Peoples, Peterson, Prescott, Rankin, Rochelo, Rotundo, Russel Sanborn, Shavi, Stevens, Theriault, Timberlake, Treat, Tuttle, Valentin, Wagner R, Wallace, Weaver, Webster, Welsh ABSENT = Bennett, Cornell du Howe, Duchesne, Fredette, Gillway, Libby, Lovejoy, Pilon, Priest, Stuckey. Yes, 83; No, 77; Absent, 10; Vacant, 1; Excused, 0 63 having voted in the affirmative and 7 voted in the negative, 1 vacancy with 10 being absent and accordingly the Veto was SUSTAINED. ‘The Following Communication: (H.C. $96) STATE OF MAINE ) OFFICE OF THE GOVERNOR 4 STATE HOUSE STATION AUGUSTA, MAINE 04333-0001 May 25, 2012 The 125th Logislature ofthe State of Maine State House Augusta, Maine Dear Honorable Members of the 126th Legislature: Under the authority vested in me by Article lV, Part Third, Section 2 of the Constitution of the State of Maine, |_am hereby vetoing \D 1462, An Act To Increase Gaming Opportunities for Charitable Fraternal and Veterans’ Organizations. ‘The question of gambling is one that must be answered by Maine voters, While this bill seeks to increase revenues for Maine's Jmportant civic organizations, | cannot support doing so without voter approval. Just last November, Maine people had an ‘opportunity to weigh in on new gambling initiatives. They saw a large number of additional major expansions as too much, too soon at this time, The Legislature should not substitute its judgment forthe people it serves. 'know the veterans’ organizations supporting this bill wil be ‘upset with my decision, but | would support this initiative if it ‘allowed Maine people to provide their input, even i it was just at the local level. | look forward to working with them on a proposal that can go fo the voters, Their missions are important to our communities and our veterans alike, We must find @ way forward that directly involves the Maine people and gets their approval For these reasons, | am returning LD 1469 unsigned and vetoed. urge the Legislature to sustain it H-1590 LEGISLATIVE RECORD - HOUSE, May 31, 2012 professional growth and success of doctors of chiropractic in the State; and WHEREAS, after a grassroots effort by the chiropractic profession nationwide, in 1970 coverage of chiropractic was included in Medicare by the United States Congress and in 1971 workers! compensation legisiation was passed in the State to Include chiropractic coverage; and WHEREAS, chiropractic medicine is now firmly established in the State of Maine and the Maine Chiropractic Association is preparing to celebrate its 90th anniversary; now, therefore, be it RESOLVED: That We, the Members of the One Hundred and ‘Twenty-fith Legislature now assembled in the Second Regular Session, on behalf of the people we represent, take this ‘opportunity to recognize the Maine Chiropractic Association on its 90th anniversary and we extend our best wishes for future success; and be it further RESOLVED: That a suitable copy of this resolution, duly authenticated by the Secretary of State, be transmitted to the Maine Chiropractic Association, ‘Came from the Senate, READ and ADOPTED. READ and ADOPTED in concurrence. 2) COMMUNICATIONS 7) The Following Communication: (S.C. 845) STATE OF MAINE 425TH MAINE LEGISLATURE OFFICE OF THE GOVERNOR May 26, 2012 The 125th Legislature of the State of Maine State House Augusta, ME Dear Honorable Members of the 125th Legislature: Under the authority vested in me by Article IV, Part Third, Section 2 of the Constitution of the State of Maine, | am hereby vetoing LD 225, "An Act To Authorize a General Fund Bond Issue in the ‘Amount of $20,000,000 To Fund Research and Development.” Maine taxpayers are spending over $100 million in debt service ‘annually until 2018, While | have agreed to let some of the bonds {90 tothe voters, their approval provides authorization to issue the Bonds at sometime in the future. As Govemor, | will not agree to issue them unti we get our spending problem fully under contol However, there are two specific issues | have with this bond that have led me to veto it. First, we are using debt to pay operational costs, If the Legislature truly believes we should spend $20 millon on research and development, then we should reduce spending elsewhere in the budget end pay for it out of the General Fund, Second, the majority of the funds from these bonds in the past have gone to government programs and not for-profts, Taxpayer dollars should go towards R&D only when we can demonstrate specific retum on that investment. That retum must be measured in taxes and jobs. Both of those rightly ‘come in the private sector. For these reasons, | am retuming LD 225 unsigned and vetoed. | strongly urge the Legisiature to sustain it Sincerely, ‘SiPaul R. LePage Governor ‘Came from the Senate, READ and ORDERED PLACED ON FILE READ and ORDERED PLACED ON FILE in concurrence The accompanying An Act To Authorize a General Fund Bond Issue in the Amount of $20,000,000 To Fund Research and Development (BOND ISSUE) (SP. 76) (LD. 225) (C."A" S-569) In Senate, May 31, 2012, this Bill, having been retumed by the Governor, together with objections to the same, pursuant to the provisions of the Constitution of the State of Maine, after reconsideration, the Senate proceeded to vote on the question: ‘Shall this Bill become a law notwithstanding the objections of the Governor?’ 28 voted in favor and 6 against, and 29 being more than 2/3 of the members present and voting, accordingly it was the vote of ‘the Senate that the Bill become law and the veto was overridden, ‘The SPEAKER: The Chair recognizes the Representative ‘rom Orono, Representative Cain Representative CAIN: Thank you, Mr. Speaker. Mr ‘Speaker, Men and Women of the House. The Maine Technology ‘Asset Fund was designed by the State Legislature as the result fof the Joint Select Committee on Research, Economic Development and the Innovation Economy, which met during 2008 atthe end of my first term in the Legislature. I was honored to co-chair that committee which ended with a unanimous report ‘based on consensus. In fact, there are stil ve of us left in this Legislature who served on that committee that made those recommendations. In the House, even, myself, then Senator now Representative from Waldoboro, Representative Dow, the Representative from Winthrop, "Representative Flood, the Senator from Knox, Senator Rector, and the Representative from Buckspart, Representative Rosen, met over the course of 2006 in the summer to review the state's investments in R&D that had happened over the years and recommend improvements. There was a lot of criticism levied at that time, some of which was echoed again this week and all of which now is untrue because of the changes that were made in the way we allocate, the way we invest, and the way we measure the success of R&D investment in Maine, “The purpose of the Maine Technology Asset Fund is to invest in infrastructure. That means bullings, labs and equipment that will increase Maine's competitive capacity to support research, development and commercialization by Maine's educational institutions, nonprofit labs and, most of all, private companies Competitive capacity means new grants, it means private Investment in businesses in Maine, it means new customers, and It means new talent and workforce throughout our state. The Maine Technology Asset Fund is funded through bonding because itis the infrastructure part of that equation. It builds the building, labs or equipment, much like building a school or a factory. The Maine Technology Asset Fund does not pay the ‘operating expense or the salaries of anyone involved in these projects and that is why anyone who applies to the Maine ‘Technology Asset Fund must have a match, a minimum of a one dollar match for every dollar applied for from the state. The ‘match comes from the applicant and from other sources. The fund was approved in 2007 by Maine voters and a competitive bidding process ensued, one that has rewarded collaboration, looked at the design, engineering, bid construction process that these projects have undertaken and fave now been, they're just ‘starting to pop up all around the state. Because these are long- term investments, the results are being measured until 2019, and because itis R&D capacity that we are building, things yet to be invented will come from these projects. However, there are some ‘early successes and I'd like to share an example of how many of these pieces come together. In 2008, there was an award fo the University of Maine Pulp land Paper Process Development Center. This isthe pilot paper machine at the University of Maine that is specifically designed with state-of-the-art technology to work with paper companies, 1695 LEGISLATIVE RECORD - HOUSE, May 31, 2012 fare in a dire financial situation and borrowing with interest of taxpayer dollars is responsible, “The majority of the $20 million awarded, if this were to pass, would go to the University System and I just have a couple of facts here, that only 289 new jobs were created with $26.8 millon that was allocated as of 6/30/2011 through the Maine Technology ‘Asset Fund. Many of these jobs that occur in the research and development phase are not permanent jobs. Ladies and Gentlemen of the House, we need permanent jobs. We need long-term jobs. Maine versus New England: Maine puts the university first when they put their funding out there; New England puts the private sector first, We put the private sector second and New England puts the university second. The University already recelves $14.7 milion from the MEIF fund, which was debated eariler in this chamber, and these are existing funds, and we passed an amendment in this House to increase funding to outlying university systems, only to wateh it fall in the other body. Let's get our house in order first before we throw more money at an issue. We need to fix the way Maine does RAD, who oversees it and only then can we achieve the success that Maine deserves, Thank you. ‘After reconsideration, the House proceeded to vole on the question, ‘Shall this Bill become a law notwithstanding the objections of the Governor?" A roll call was taken. ‘The SPEAKER: The pending question before the House is "Shall this Bill become a law notwithstanding the objections of the Governor? All those in favor will vote yes, those opposed will vote no. ROLL CALL NO. 368 YEA - Beaudoin, Beaulicu, Beavers, Beck, Beliveau, Berry, Bickford, Blodgett, Boland, Bolduc, Briggs, Bryant, Cain, Carey. Casavant, Cell, Chapman, Chipman, Clark H, Clarke, Damon, Dill J, Dion, Dow, Driscoll, Eberle, Eves, Fits, Flemings, Flood, Fossel, Foster, Gilbert, Goode, Graham, Guerin, Hanley, Harlow, Haskell, Hayes, Herbig, Hinck, Hogan, Hunt, Innes Walsh, Kaenrath, Kent, Keschi, Kruger, Kumiega, Lajoie, Longstaff, Lovejoy, Luchini, MacDonald, Maker, Malaby, Maloney, Martin, Mazurek, McCabe, McFadden, Monaghan-Derrig, Morrison, Moulton, Nelson, O'Brien, Peoples, Peterson, Rankin, Richardson D, Rochelo, Rosen, Rotundo, Russell, Sanborn, Shaw, Stevens, Strang Burgess, Theriault, Treat, Tuttle, Valentino, Volk, Wagner R, Webster, Welsh, Willette M NAY - Ayotle, Black, Burns DC, Cebra, Chase, Clark T, Cotta, Crafts, Cray, Crockett, Curtis, Cushing, Davis, Dunphy, Edgecomb, Espiing, Fitzpatrick, Gifford, Hamper, Harmon, Harvell, Johnson D, Johnson P, Knapp, Knight, Long, McClellan, McKane, Morissette, Nass, ‘Newendyke, O'Connor, Olsen, Parker, Parry, Picchiott, Plummer, Prescott, Richardson W, Rioux, Sanderson, Sarty, Sirocki, Titon, Timberlake, Tumer Wallace, Waterhouse, Weaver, Willette A, Winsor, Wood, Mr. Speaker ‘ABSENT - Bennett, Comell du Houx, Duchesne, Fredette, Gillway, Libby, Pilon, Priest, Stuckey. Yes, 88; No, 53; Absent, 9; Vacant, 1; Excused, 0 88 having voted in the affirmative and 53. voted in the negative, 1 vacancy with 9 being absent, and accordingly the ‘Velo was SUSTAINED. The Following Communication: (S.C. 846) STATE OF MAINE 128TH MAINE LEGISLATURE OFFICE OF THE GOVERNOR May 29, 2012 The 125th Legistature of the State of Maine State House Augusta, Maine Dear Honorable Members of the 126th Legislature: Under the authority vested in me by Article IV, Part Third, Section of the Constitution ofthe State of Maine, | am hereby vetoing LD 1781, "An Act to Restucture the National Board Certification Program for Teachers | am not vetoing this bill because | disagree with the benefits of National Board Cerrfication. Rather, | am vetoing it because itis a band-aid to a problem - the need for highly qualified teachers— Fequiing a larger more coordinated state-wide solution, Moreover, this bill requires teachers to partially fund the program, while simultaneously paying union dues which are squandered on ‘host of activities not even remotely related to professional development. Research clearly demonstrates the single most important single factor in student progress is an effective teacher. Over the last year, | have repeatedly challenged the largest organization of teachers in the state - the Maine Education Association— to refocus its efforts on improving teacher effectiveness. Unfortunately, the union bosses have deciined my offer matching

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