Resolve, Directing the Department of Transportation To Apply for Funds for Rail Improvements S.P. 103 L.D. 315
Maine Legislature, Session 128, LD 0095
Committee: TRANSPORTATION
Sponsors: LIBBY, MASON, SHEATS, ROSEN, BROOKS, BRYANT, FULLER, GOLDEN, GRANT, HANDY, PARRY

One Hundred and Twenty-Eighth Legislature 
Advance Journal and Calendar 
10th Legislative Day 
In Senate Chamber, Tuesday, January 31, 2017. 
Senate called to Order by President Michael D. Thibodeau of Waldo County. 
Prayer by Reverend Harold Churchill, First United Pentecostal Church in Lewiston. 
Pledge of Allegiance led by Senator Paul T. Davis,Sr. of Piscataquis County. 
Reading of the Journal of Thursday, January 26, 2017. 
Doctor of the day, Jeffrey Thurlow, M.D. of York. 
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Michael D. Thibodeau 
Senate President 
http://legislature.maine.gov/senate
Heather J.R. Priest 
Secretary of the Senate 
Tuesday, January 31, 2017 
(3-18)  Resolve, Directing the Department of Transportation To Apply for Funds for Rail 
Improvements 
S.P. 103  L.D. 315 
Presented by Senator LIBBY of Androscoggin. 
Cosponsored by Representative SHEATS of Auburn and Senator: ROSEN of Hancock, 
Representatives: BROOKS of Lewiston, BRYANT of Windham, FULLER of Lewiston, 
GOLDEN of Lewiston, GRANT of Gardiner, HANDY of Lewiston, PARRY of Arundel. 
Committee on TRANSPORTATION suggested and ordered printed. 
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(3-19)  Bill "An Act To Authorize Auxiliary Licenses at Disc Golf Courses" 
S.P. 90  L.D. 304 
Presented by Senator MASON of Androscoggin. 
Cosponsored by Representative WOOD of Greene and Representatives: LUCHINI of Ellsworth, 
MASON of Lisbon, TIMBERLAKE of Turner. 
Committee on VETERANS AND LEGAL AFFAIRS suggested and ordered printed. 
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ORDERS 
Joint Orders 
(4-1)  On motion by Senator KATZ of Kennebec, the following Joint Order: 
S.P. 95 
ORDERED, the House concurring, that the Joint Rules be amended by adding Joint Rule 
301-A to read: 
Rule 301-A.  Procedure for Committee To Issue Subpoenas. 
In addition to, and distinct from, their powers as investigating committees under the Maine 
Revised Statutes, Title 3, section 165, legislative committees have the following additional 
powers.  The Legislature has the inherent power and right to compel from governmental officials 
Tuesday, January 31, 2017 
the production of information that the Legislature needs to conduct its business, including the 
business of reviewing pending and proposed legislation and the preparation of budget and tax 
policies. A joint standing committee or joint select committee, or a subcommittee of a joint 
standing committee or joint select committee, is granted the power to administer oaths, issue 
subpoenas and compel the testimony of witnesses and the production of any papers, books, 
documents and testimony pursuant to the following procedure.  The exercise by a joint standing 
committee of powers in accordance with this rule is not governed by Title 3, section 165. 
1.  Request to Presiding Officers.  When the duties assigned to a joint standing committee 
or joint select committee or any subcommittee thereof so require, the Senate chair of the 
committee or subcommittee may submit to the presiding officers a request for that committee or 
subcommittee to administer oaths, issue subpoenas for the attendance of Maine state government 
officials and compel the testimony of witnesses and the production of papers, books, documents 
and testimony. Any request from the Senate chair must clearly state, and thereby limit, the 
subject matter and scope of the study or inquiry. 
2.  Presiding Officers May Authorize.  Upon receipt of a request submitted in accordance 
with subsection 1, the presiding officers may jointly authorize the Senate chair of the committee 
or subcommittee, in the sole discretion of the chair, to issue such subpoenas on behalf of the 
committee or subcommittee. 
3.  Requirements of Subpoena.  The subpoena must specify the subject matter on which 
information is being sought, the type of information requested, the date and place for which the 
initial appearance is requested and the amount of time estimated for the testimony requested. The 
subpoena must provide a reasonable amount of time for a person to locate relevant documents 
and to prepare information and testimony sought. 
In the alternative, the subpoena may be directed to the head of a particular department or agency 
and may direct the person to designate a person with knowledge of the indicated subject matter 
to respond and comply with the subpoena and provide all appropriate documents. 
The subpoena continues to be in effect if a hearing is recessed, but not for a period to exceed 30 
days. 
4.  Testimony.  Testimony by subpoenaed officials may not be taken under oath unless there 
is a 3/4 vote of committee or subcommittee members present to do so.  An oath must be 
administered by the Senate chair of the committee or subcommittee. 
5.  Appeal.  If a person who has been subpoenaed asserts that the subpoena is frivolous, 
unreasonable or unrelated to the legitimate work of the committee or subcommittee or seeks 
information that is privileged or otherwise protected from public disclosure, the person may 
appeal the issuance of the subpoena to the Legislative Council and the Legislative Council may 
quash the subpoena upon the affirmative vote of 6 members. 
6.  Protective Order.  If a person who has been subpoenaed asserts that information sought  
is privileged or otherwise protected from public disclosure in the committee, the subcommittee 
or the Legislature and the Legislative Council does not afford the person the relief the person 
requests, that person may petition for a protective order from the Superior Court for Kennebec 
County in the same manner as provided in Rule 26(c) of the Maine Rules of Civil Procedure. 
7.  Enforcement.  The presiding officers may seek to enforce a subpoena by application to 
the Superior Court for Kennebec County pursuant to the procedures set out in the Maine Revised 
Statutes, Title 3, section 162, subsection 4 and Title 3, section 165, subsection 7. 
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