LEGISLATIVE RECORD - HOUSE, January 21, 2003

ONE HUNDRED AND TWENTY-FIRST LEGISLATURE

FIRST REGULAR SESSION

6th Legislative Day

Tuesday, January 21, 2003

The House met according to adjournment and was called to order by the Speaker.

Prayer by Reverend Edward Hatch, Palermo Christian Church.

Pledge of Allegiance.

Doctor of the day, Erik Steele, D.O., Bangor.

The Journal of Thursday, January 16, 2003 was read and approved.

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SENATE PAPERS

Bill "An Act to Authorize a General Fund Bond Issue in the Amount of $10,000,000 to Promote Affordable Housing"

(S.P. 25) (L.D. 39)

Committee on BUSINESS, RESEARCH AND ECONOMIC DEVELOPMENT suggested and ordered printed.

Came from the Senate, REFERRED to the Committee on APPROPRIATIONS AND FINANCIAL AFFAIRS and ordered printed.

On motion of Representative BRANNIGAN of Portland, TABLED pending REFERENCE and later today assigned.

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RESOLUTION, Proposing an Amendment to the Constitution of Maine to Protect the Commercial Fishing Industry

(S.P. 24) (L.D. 38)

Committee on TAXATION suggested and ordered printed.

Came from the Senate, REFERRED to the Committee on MARINE RESOURCES and ordered printed.

On motion of Representative LEMOINE of Old Orchard Beach, TABLED pending REFERENCE and later today assigned.

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COMMUNICATIONS

The Following Communication: (H.C. 17)

STATE OF MAINE

HOUSE OF REPRESENTATIVES

SPEAKER'S OFFICE

Augusta, Maine 04333-0002

January 15, 2003

Honorable Millicent MacFarland

Clerk of the House

2 State House Station

Augusta, ME 04333

Dear Clerk MacFarland:

Pursuant to my authority under PL 1993, c. 410, I am pleased to appoint the following Representatives to the Substance Abuse Services Commission:

Edward R. Dugay of Cherryfield

Margaret M. Craven of Lewiston

William M. Earle of Damariscotta

Anne C. Perry of Calais

Robert W. Nutting of Oakland

If you have any questions regarding these appointments, please do not hesitate to contact me.

Sincerely,

S/Patrick Colwell

Speaker of the House

READ and ORDERED PLACED ON FILE.

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The Following Communication: (H.C. 16)

STATE OF MAINE

OFFICE OF THE SECRETARY OF STATE

AUGUSTA, MAINE 04333

January 15, 2003

Honorable Patrick Colwell

Maine House of Representatives

2 State House Station

Augusta, Maine 04333

Dear Speaker Colwell,

Resolves 2001, Chapter 111, adopted by the Second Regular Session of the 120th Legislature, instructed state agencies to submit to the Secretary of State a list of licenses, registrations, forms, and reports required by those agencies to operate a business or occupation in Maine. Pursuant to the same resolve, our Department has compiled a master list of licenses, registrations, forms and reports and is submitting this information to the First Regular Session of the 121st Legislature.

This report contains a copy of Resolves 2001, Chapter 111, a summary total of the listings provided by each agency, and a detailed listing of the applications, forms, reports, or licenses. The detailed list is sorted by department, responsible unit, and listing name.

Please feel welcome to contact me at 626-8400 with any questions regarding this report or any other matter for which I may be of assistance.

Sincerely,

S/Dan A. Gwadosky

Secretary of State

READ and with accompanying papers ORDERED PLACED ON FILE.

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PETITIONS, BILLS AND RESOLVES REQUIRING REFERENCE

Bill "An Act to Further Define a Strain of Maine Standardbred Horses" (EMERGENCY)

(H.P. 94) (L.D. 85)

Sponsored by Representative McKENNEY of Cumberland.

Cosponsored by Senator MAYO of Sagadahoc and Representatives: CARR of Lincoln, FLETCHER of Winslow, MOORE of Standish, MUSE of Fryeburg, TARDY of Newport, Senator: BRYANT of Oxford.

Bill "An Act to Require Joint Standing Committee Approval for Certain Purchases Proposed by the Land for Maine's Future Board"

(H.P. 101) (L.D. 92)

Sponsored by Representative SHERMAN of Hodgdon.

Cosponsored by Senator STANLEY of Penobscot and Representatives: ANNIS of Dover-Foxcroft, CARR of Lincoln, DAVIS of Falmouth, DUPREY of Hampden, JOY of Crystal, McKENNEY of Cumberland, TOBIN of Dexter.

Bill "An Act To Limit the Use of State Funds To Purchase Land or Conservation Easements"

(H.P. 103) (L.D. 94)

Sponsored by Representative JOY of Crystal.

Cosponsored by Representatives: CARR of Lincoln, GOODWIN of Pembroke, JACKSON of Fort Kent, SHERMAN of Hodgdon, Senator: STANLEY of Penobscot.


Bill "An Act To Require the State To Hold Title to All Land and Easements Purchased with the Land for Maine's Future Fund"

(H.P. 135) (L.D. 176)

Sponsored by Representative CARR of Lincoln.

Cosponsored by Senator WOODCOCK of Franklin and Representatives: CLARK of Millinocket, GREELEY of Levant, JOY of Crystal, PINEAU of Jay, SHERMAN of Hodgdon, Senators: DAVIS of Piscataquis, KNEELAND of Aroostook, STANLEY of Penobscot.

Bill "An Act to Clarify the Definition of Livestock"

(H.P. 140) (L.D. 181)

Sponsored by Representative TRAHAN of Waldoboro.

Cosponsored by Senator HALL of Lincoln and Representatives: HONEY of Boothbay, JODREY of Bethel, NUTTING of Oakland, RECTOR of Thomaston, SNOWE-MELLO of Poland, Senators: CARPENTER of York, SAVAGE of Knox.

Committee on AGRICULTURE, CONSERVATION AND FORESTRY suggested and ordered printed.

REFERRED to the Committee on AGRICULTURE, CONSERVATION AND FORESTRY and ordered printed.

Sent for concurrence.

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Bill "An Act To Fund the Matching Requirement for Maine's Successful NASA EPSCoR Award"

(H.P. 126) (L.D. 167)

Sponsored by Representative FAIRCLOTH of Bangor.

Cosponsored by Senator BROMLEY of Cumberland and Representatives: RICHARDSON of Brunswick, ROSEN of Bucksport, Senators: HALL of Lincoln, ROTUNDO of Androscoggin, SAWYER of Penobscot.

Bill "An Act to Expand Funding and Services to Students of Limited Proficiency in English"

(H.P. 149) (L.D. 190)

Sponsored by Representative CUMMINGS of Portland.

Cosponsored by Representatives: ADAMS of Portland, DUDLEY of Portland, MAKAS of Lewiston, PARADIS of Frenchville, PINGREE of North Haven, SUSLOVIC of Portland, WALCOTT of Lewiston.

Bill "An Act to Increase Funding for the Maine Dental Education Loan Program"

(H.P. 152) (L.D. 193)

Sponsored by Representative LEDWIN of Holden.

Cosponsored by Senator ROTUNDO of Androscoggin and Representatives: ANDREWS of York, DAVIS of Falmouth, DUGAY of Cherryfield, NORBERT of Portland, O'BRIEN of Augusta, ROSEN of Bucksport, YOUNG of Limestone, Senator: TREAT of Kennebec.

Bill "An Act to Increase the Adult Education State Subsidy by a Specific Percentage"

(H.P. 153) (L.D. 194)

Sponsored by Representative CUMMINGS of Portland.

Cosponsored by Representatives: BLISS of South Portland, CLARK of Millinocket, DUPLESSIE of Westbrook, McLAUGHLIN of Cape Elizabeth, USHER of Westbrook.

Committee on APPROPRIATIONS AND FINANCIAL AFFAIRS suggested and ordered printed.

REFERRED to the Committee on APPROPRIATIONS AND FINANCIAL AFFAIRS and ordered printed.

Sent for concurrence.

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Bill "An Act to Allow the Sale of Motorcycles on Sundays"

(H.P. 137) (L.D. 178)

Sponsored by Representative ANDREWS of York.

Cosponsored by Representatives: BERRY of Belmont, DAIGLE of Arundel, JOY of Crystal, LEWIN of Eliot, WHEELER of Kittery, Senator: LEMONT of York.

Committee on BUSINESS, RESEARCH AND ECONOMIC DEVELOPMENT suggested and ordered printed.

REFERRED to the Committee on BUSINESS, RESEARCH AND ECONOMIC DEVELOPMENT and ordered printed.

Sent for concurrence.

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Bill "An Act to Require Disclosure of Retail Prescription Drug Prices"

(H.P. 111) (L.D. 102)

Sponsored by Representative LEMOINE of Old Orchard Beach.

Cosponsored by Senator TREAT of Kennebec and Representatives: BRANNIGAN of Portland, KANE of Saco, PINGREE of North Haven, RICHARDSON of Brunswick, Senator: MAYO of Sagadahoc.

Committee on BUSINESS, RESEARCH AND ECONOMIC DEVELOPMENT suggested.

On motion of Representative SULLIVAN of Biddeford, the Bill was REFERRED to the Committee on HEALTH AND HUMAN SERVICES, ordered printed and sent for concurrence.

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Bill "An Act to Authorize a General Fund Bond Issue to Enable Low- income and Moderate-income Families to Conserve Energy in Their Homes"

(H.P. 123) (L.D. 115)

Sponsored by Representative BLISS of South Portland.

Cosponsored by Representatives: BARSTOW of Gorham, CLARK of Millinocket, CUMMINGS of Portland, EDER of Portland, McLAUGHLIN of Cape Elizabeth, THOMPSON of China, Senators: HALL of Lincoln, STRIMLING of Cumberland.

Committee on BUSINESS, RESEARCH AND ECONOMIC DEVELOPMENT suggested.

On motion of Representative SULLIVAN of Biddeford, TABLED pending REFERENCE and later today assigned.

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Bill "An Act to Further the Productive Use of Land Held by the Department of Corrections"

(H.P. 114) (L.D. 105)

Sponsored by Representative USHER of Westbrook.

Cosponsored by Representatives: ASH of Belfast, BLANCHETTE of Bangor, GERZOFSKY of Brunswick, HUTTON of Bowdoinham, NORTON of Bangor, SMITH of Van Buren, TOBIN of Dexter.

Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY suggested and ordered printed.

REFERRED to the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY and ordered printed.

Sent for concurrence.

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Bill "An Act to Establish the Regional County Corrections Construction Authority"

(H.P. 112) (L.D. 103)

Sponsored by Representative SNOWE-MELLO of Poland.

Cosponsored by Senator MAYO of Sagadahoc and Representatives: BLANCHETTE of Bangor, BUNKER of Kossuth Township, GERZOFSKY of Brunswick, O'BRIEN of Lewiston, Senator: CARPENTER of York.

Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY suggested.

On motion of Representative BUNKER of Kossuth Township, the Bill was REFERRED to the Committee on STATE AND LOCAL GOVERNMENT, ordered printed and sent for concurrence.

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Bill "An Act To Allow Volunteer Firefighters To Use Red Flashing Lights when Responding to a Fire"

(H.P. 120) (L.D. 111)

Sponsored by Representative GOODWIN of Pembroke.

Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY suggested.

On motion of Representative BUNKER of Kossuth Township, the Bill was REFERRED to the Committee on TRANSPORTATION, ordered printed and sent for concurrence.

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Bill "An Act To Reimburse the State Poet Laureate and To Provide Access to the State Poet Laureate's Services"

(H.P. 93) (L.D. 84)

Sponsored by Representative COWGER of Hallowell.

Cosponsored by Senator TREAT of Kennebec and Representatives: ADAMS of Portland, ANNIS of Dover-Foxcroft, CUMMINGS of Portland, McKEE of Wayne, O'BRIEN of Augusta, PINGREE of North Haven.

Bill "An Act to Help Public Schools Promote Public Health and Address Childhood Obesity"

(H.P. 113) (L.D. 104)

Sponsored by Representative FAIRCLOTH of Bangor.

Cosponsored by Senator DOUGLASS of Androscoggin and Representatives: ANDREWS of York, CUMMINGS of Portland, FISCHER of Presque Isle, LEDWIN of Holden, THOMAS of Orono, TRAHAN of Waldoboro, Senator: BRENNAN of Cumberland.

Bill "An Act to Ensure that Emergency Medical Help is Available to All School Children and Personnel"

(H.P. 136) (L.D. 177)

Sponsored by Representative ANDREWS of York.

Cosponsored by Representatives: BERRY of Belmont, FAIRCLOTH of Bangor, LEWIN of Eliot, SHIELDS of Auburn, TOBIN of Dexter, Senator: LEMONT of York.

Bill "An Act to Eliminate Discrimination Against Parents Who Want to Send Their Children to Religious Private Schools"

(H.P. 141) (L.D. 182)

Sponsored by Representative GLYNN of South Portland.

Cosponsored by Senator NASS of York and Representatives: DAIGLE of Arundel, SHIELDS of Auburn.

Bill "An Act To Facilitate Summer Employment for Youths"

(H.P. 154) (L.D. 195)

Sponsored by Representative McGOWAN of Pittsfield.

Cosponsored by Representatives: ASH of Belfast, BROWNE of Vassalboro, DUGAY of Cherryfield, McGLOCKLIN of Embden, PELLON of Machias, TARDY of Newport, TOBIN of Dexter.

Committee on EDUCATION AND CULTURAL AFFAIRS suggested and ordered printed.

REFERRED to the Committee on EDUCATION AND CULTURAL AFFAIRS and ordered printed.

Sent for concurrence.

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Bill "An Act to Establish the Full Right of Petition and Redress in Local School Board Decisions"

(H.P. 162) (L.D. 203)

Sponsored by Representative GLYNN of South Portland.

Cosponsored by Representative: ANDREWS of York.

Committee on EDUCATION AND CULTURAL AFFAIRS suggested.

On motion of Representative CUMMINGS of Portland, the Bill was REFERRED to the Committee on LEGAL AND VETERANS AFFAIRS, ordered printed and sent for concurrence.

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Bill "An Act to Require that Pharmacy Benefit Plan Bids be Solicited from Nonprofit Pharmacy Benefit Managers"

(H.P. 97) (L.D. 88)

Sponsored by Representative LEMOINE of Old Orchard Beach.

Cosponsored by Senator TREAT of Kennebec and Representatives: KANE of Saco, PINGREE of North Haven, RICHARDSON of Brunswick, Senator: MAYO of Sagadahoc.

Bill "An Act to Prohibit the Use of Juveniles in the Enforcement of the Laws Governing the Sale of Tobacco"

(H.P. 98) (L.D. 89)

Sponsored by Representative SNOWE-MELLO of Poland.

Cosponsored by Representatives: CRESSEY of Baldwin, GLYNN of South Portland, HEIDRICH of Oxford, JOY of Crystal, TRAHAN of Waldoboro, VAUGHAN of Durham, Senator: DAVIS of Piscataquis.

Resolve, Directing the Department of Behavioral and Developmental Services To Establish a Registry for Direct Care Workers Working with Persons with Mental Retardation

(H.P. 104) (L.D. 95)

Sponsored by Representative DUDLEY of Portland.

Cosponsored by Senator MARTIN of Aroostook and Representatives: BRANNIGAN of Portland, DUGAY of Cherryfield, KANE of Saco, LAVERRIERE-BOUCHER of Biddeford, LERMAN of Augusta, O'BRIEN of Augusta, WOODBURY of Yarmouth, Senator: MAYO of Sagadahoc.

Resolve, Regarding the Regulation of Home Day Care and Summer Camps

(H.P. 105) (L.D. 96)

Sponsored by Representative SNOWE-MELLO of Poland.

Cosponsored by Representatives: CRESSEY of Baldwin, DAVIS of Falmouth, TRAHAN of Waldoboro.

Bill "An Act Requiring Public Disclosure of Prices Charged by Health Care Providers"

(H.P. 121) (L.D. 112)

Sponsored by Representative WOODBURY of Yarmouth.

Cosponsored by Representatives: CURLEY of Scarborough, KANE of Saco, Senators: BRENNAN of Cumberland, MAYO of Sagadahoc.


Bill "An Act to Ensure Parity Among Mental Health Professionals Under Medicaid"

(H.P. 134) (L.D. 175)

Sponsored by Representative PATRICK of Rumford.

Cosponsored by Senator BRYANT of Oxford and Representatives: CANAVAN of Waterville, HATCH of Skowhegan, LAVERRIERE-BOUCHER of Biddeford, MARLEY of Portland, O'BRIEN of Lewiston, TWOMEY of Biddeford, WALCOTT of Lewiston.

Bill "An Act to Establish the Health Care Workforce Center"

(H.P. 160) (L.D. 201)

Sponsored by Representative PERRY of Calais.

Cosponsored by Senator MARTIN of Aroostook and Representatives: BLANCHETTE of Bangor, DUGAY of Cherryfield, GOODWIN of Pembroke, HUTTON of Bowdoinham, O'BRIEN of Lewiston, PELLON of Machias, SUSLOVIC of Portland.

Resolve, to Expand Community-based Options for Elderly and Disabled Persons

(H.P. 179) (L.D. 220)

Sponsored by Representative GERZOFSKY of Brunswick.

Cosponsored by Senator EDMONDS of Cumberland and Representatives: BLANCHETTE of Bangor, LESSARD of Topsham, O'BRIEN of Lewiston, PINEAU of Jay, RINES of Wiscasset, THOMAS of Orono, USHER of Westbrook, Senator: HALL of Lincoln.

Committee on HEALTH AND HUMAN SERVICES suggested and ordered printed.

REFERRED to the Committee on HEALTH AND HUMAN SERVICES and ordered printed.

Sent for concurrence.

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Bill "An Act to Change the Child Protective Laws"

(H.P. 89) (L.D. 80)

Sponsored by Representative COURTNEY of Sanford.

Cosponsored by Senator NASS of York and Representatives: CAMPBELL of Newfield, CLOUGH of Scarborough, GERZOFSKY of Brunswick, Senator: CARPENTER of York.

Committee on HEALTH AND HUMAN SERVICES suggested.

On motion of Representative KANE of Saco, the Bill was REFERRED to the Committee on JUDICIARY, ordered printed and sent for concurrence.

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Bill "An Act to Protect Children from Cancer-causing Chemicals"