LEGISLATIVE RECORD - HOUSE, May 29, 2003
ONE HUNDRED AND TWENTY-FIRST LEGISLATURE
FIRST REGULAR SESSION
61st Legislative Day
Thursday, May 29, 2003
The House met according to adjournment and was called to order by the Speaker.
Prayer by Reverend Dr. Jesse P. James, Riverview Community Parish, South Gardiner.
National Anthem by Gorham High School Chamber Singers.
Pledge of Allegiance.
Doctor of the day, Melanie Thompson, M.D., South China.
The Journal of yesterday was read and approved.
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COMMUNICATIONS
The Following Communication: (H.C. 226)
STATE OF MAINE
ONE HUNDRED AND TWENTY-FIRST LEGISLATURE
COMMITTEE ON APPROPRIATIONS AND FINANCIAL AFFAIRS
May 27, 2003
Honorable Beverly C. Daggett, President of the Senate
Honorable Patrick Colwell, Speaker of the House
121st Maine Legislature
State House
Augusta, Maine 04333
Dear President Daggett and Speaker Colwell:
Pursuant to Joint Rule 310, we are writing to notify you that the Joint Standing Committee on Appropriations and Financial Affairs has voted unanimously to report the following bills out "Ought Not to Pass":
L.D. 39 An Act to Authorize a General Fund Bond Issue in the Amount of $10,000,000 to Promote Affordable Housing
L.D. 115 An Act to Authorize a General Fund Bond Issue to Enable Low- income and Moderate-income Families to Conserve Energy in Their Homes
L.D. 165 An Act To Authorize a General Fund Bond Issue in the Amount of $1,200,000 To Provide Economic Development in Western Maine
L.D. 292 An Act To Support Individuals With Developmental Disabilities Who Have Been Physically or Sexually Abused
L.D. 350 An Act To Provide Funding For Construction of a Dormitory at the University of Maine at Fort Kent
L.D. 353 An Act To Authorize a General Fund Bond Issue in the Amount of $500,000 To Fund the Challenger Learning Center of Maine
L.D. 400 An Act To Promote Student Aspirations through Higher Education Scholarships
L.D. 405 An Act To Authorize a General Fund Bond Issue in the Amount of $50,000,000 for Research and Development and Capital Improvements for the University of Maine System and the Maine Technical College System
L.D. 459 An Act To Appropriate Funds for the Millinocket Area Growth and Investment Council
L.D. 582 An Act To Authorize a General Fund Bond Issue in the Amount of $50,000,000 To Fund Renovating or Replacing Civic Centers Statewide
L.D. 652 An Act To Authorize a General Fund Bond Issue in the Amount of $15,000,000 for Economic Development
L.D. 740 An Act to Authorize a General Fund Bond Issue in the Amount of $8,200,000 for Use in Implementing the Maine Library of Geographic Information
L.D. 885 An Act To Authorize a General Fund Bond Issue in the Amount of $50,000,000 to Promote Revitalization of Service Center Communities through Infrastructure Improvements
L.D. 1052 An Act To Authorize a General Fund Bond Issue in the Amount of $5,800,000 To Adequately Fund the Applied Technology Development Centers in Order To Increase the Number of Research and Development Jobs and Companies in the State
We have also notified the sponsors and cosponsors of each bill listed of the Committee's action.
Sincerely,
S/Sen. Mary R. Cathcart
Senate Chair
S/Rep. Joseph C. Brannigan
House Chair
READ and ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 227)
STATE OF MAINE
ONE HUNDRED AND TWENTY-FIRST LEGISLATURE
COMMITTEE IN APPROPRIATIONS AND FINANCIAL AFFAIRS
May 27, 2003
Honorable Beverly C. Daggett, President of the Senate
Honorable Patrick Colwell, Speaker of the House
121st Maine Legislature
State House
Augusta, Maine 04333
Dear President Daggett and Speaker Colwell:
Pursuant to Joint Rule 310, we are writing to notify you that the Joint Standing Committee on Appropriations and Financial Affairs has voted unanimously to report the following bill out "Ought Not to Pass":
L.D. 1232 RESOLUTION, Proposing an Amendment to the Constitution of Maine To Increase the State Bonding Limit under Certain Circumstances
We have also notified the sponsor and cosponsors of the Committee's action.
Sincerely,
S/Sen. Mary R. Cathcart
Senate Chair
S/Rep. Joseph C. Brannigan
House Chair
READ and ORDERED PLACED ON FILE.
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ORDERS
On motion of Representative CRAVEN of Lewiston, the following Joint Resolution: (H.P. 1204) (Under suspension of the rules, cosponsored by Senator ROTUNDO of Androscoggin and Representatives: ADAMS of Portland, ANDREWS of York, BARSTOW of Gorham, BLANCHETTE of Bangor, BLISS of South Portland, BROWN of South Berwick, BROWNE of Vassalboro, BRUNO of Raymond, BULL of Freeport, CANAVAN of Waterville, CLARK of Millinocket, Speaker COLWELL of Gardiner, CUMMINGS of Portland, DAVIS of Falmouth, DUNLAP of Old Town, DUPLESSIE of Westbrook, DUPREY of Medway, EARLE of Damariscotta, EDER of Portland, FINCH of Fairfield, FISCHER of Presque Isle, GAGNE-FRIEL of Buckfield, GERZOFSKY of Brunswick, GOODWIN of Pembroke, HATCH of Skowhegan, JACKSON of Fort Kent, JENNINGS of Leeds, JODREY of Bethel, KANE of Saco, KETTERER of Madison, KOFFMAN of Bar Harbor, LAVERRIERE-BOUCHER of Biddeford, LEMOINE of Old Orchard Beach, LERMAN of Augusta, LUNDEEN of Mars Hill, MAILHOT of Lewiston, MAKAS of Lewiston, MARLEY of Portland, McGOWAN of Pittsfield, McKEE of Wayne, McLAUGHLIN of Cape Elizabeth, MILLETT of Waterford, MILLS of Farmington, MILLS of Cornville, MOODY of Manchester, MOORE of the Passamaquoddy Tribe, MURPHY of Kennebunk, MUSE of Fryeburg, NORBERT of Portland, NORTON of Bangor, O'BRIEN of Lewiston, PATRICK of Rumford, PERRY of Calais, PERRY of Bangor, PINGREE of North Haven, RICHARDSON of Brunswick, SAMPSON of Auburn, SAVIELLO of Wilton, SHERMAN of Hodgdon, SIMPSON of Auburn, SMITH of Monmouth, SMITH of Van Buren, SULLIVAN of Biddeford, SUSLOVIC of Portland, SYKES of Harrison, THOMPSON of China, TWOMEY of Biddeford, WALCOTT of Lewiston, WATSON of Bath, WHEELER of Kittery, WOTTON of Littleton, Senators: BRENNAN of Cumberland, BRYANT of Oxford, DAVIS of Piscataquis, DOUGLASS of Androscoggin, EDMONDS of Cumberland, GAGNON of Kennebec, GILMAN of Cumberland, HALL of Lincoln, HATCH of Somerset, LaFOUNTAIN of York, MARTIN of Aroostook, MAYO of Sagadahoc, PENDLETON of Cumberland, STANLEY of Penobscot, STRIMLING of Cumberland, TREAT of Kennebec, TURNER of Cumberland) (Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 214)
JOINT RESOLUTION MEMORIALIZING CONGRESS TO ISSUE A WAIVER OF THE REQUIREMENTS OF THE NO CHILD LEFT BEHIND ACT FOR MAINE PUBLIC SCHOOLS
WE, your Memorialists, the Members of the One Hundred and Twenty-first Legislature of the State of Maine now assembled in the First Regular Session, most respectfully present and petition the President of the United States and the Congress of the United States as follows:
WHEREAS, on January 8, 2002, President Bush signed into law the No Child Left Behind Act of 2001, referred to in this resolution as "the Act," which applies to all states that accept federal Title I education dollars; and
WHEREAS, the State of Maine receives federal Title I dollars and is therefore subject to the Act's requirements; and
WHEREAS, the Act mandates that every public school in Maine must make adequate yearly progress toward the goal of 100% student proficiency in math, reading and language arts and science by school year 2013-2014; and
WHEREAS, the Act requires that an entire school be identified as failing to make adequate yearly progress in any school year when the school as a whole or any one of the following subgroups within that school fails to make such progress: students with learning disabilities and students with limited English proficiency; and
WHEREAS, it may be extremely difficult for the subgroup of students with disabilities to make adequate yearly progress in each of the measured areas each year, since those students are identified as belonging in that subgroup because of significant educational challenges, well above and beyond the normal challenges encountered by nondisabled students, that adversely affect their capacities to achieve proficiency in the measured areas; and
WHEREAS, it will be extremely difficult for the subgroup of students with limited English proficiency to meet the adequate yearly progress standard in the area of reading and language arts since those students are required to be tested in English after only 3 years in the public school system, which will rarely be a sufficient time for such students to become proficient in English; and
WHEREAS, failure by either the disabilities subgroup or the limited English proficiency subgroup in any given year to meet any one of the State's proficiency expectations for that year will result in identification of the school as a whole as failing to make adequate yearly progress; and
WHEREAS, the Act imposes a series of escalating consequences and financial costs on local schools and school units that fail to make adequate yearly progress for 2 or more years in a row, including offering intradistrict school choice and transportation; supplemental services, including private tutoring for eligible students; and the possibility of wholesale dismissal of teachers, paraprofessionals and administrators who are considered "relevant" to the school's failure to make adequate yearly progress; and
WHEREAS, the Act requires the State of Maine and local school units to develop additional new testing in grades 3, 5, 6 and 7, which will further limit the time that teachers and students are able to spend on achieving Maine's system of learning results; and
WHEREAS, the Act also requires that all Maine public school teachers who teach in core academic subjects meet federal "highly qualified" standards by the end of the 2005-2006 school year, with teachers new to the profession all having to pass a rigorous state test in the areas they will be teaching; and
WHEREAS, the Act also requires that all paraprofessionals and educational technicians working in programs funded by Title I must meet certification standards that are often higher than those that currently apply in Maine; and
WHEREAS, the Act imposes significant costs on local school units, teachers and paraprofessionals for the funding of staff development, certification upgrades, course work, choice-related transportation and private tutoring, as well as the unavoidable costs and dislocation that would arise in the event of mandatory school restructuring and staff dismissals; and
WHEREAS, the State of Maine has had high standards of learning in its system of learning results since 1995, long before enactment of the Act, including a comprehensive statewide assessment of student achievement through the Maine Educational Assessment and including a new system of local assessment to go into effect by the end of the 2003-2004 school year; and
WHEREAS, the State of Maine for many years has been one of the highest-ranked states in the nation in school achievement, ranking first in the nation in 1999 in the performance of its kindergarten to grade 12 system, ranking first in the nation in 1999 as the best state in which to raise a child, ranking first in the nation in 2001 in the state high school completion rate and regularly ranking among the top states in the nation in student
academic performance on national testing in 4th and 8th grades; and
WHEREAS, the State of Maine has obtained its strong educational achievements through the efforts of its students, teachers and schools and its own system of learning results prior to enactment of the No Child Left Behind Act of 2001; and
WHEREAS, enactment of the Act resulted in only a $4,600,000 increase in Title I funding for the State of Maine in 2002 over and above the 2001 level that applied before the new Act's mandates; and
WHEREAS, the congressional appropriation for Title I costs was $3.15 billion short of the congressional authorization in 2002 and $4.32 billion short in 2003 and a projected $6.15 billion short in 2004, for a total shortfall of $13.2 billion over the 3-year period; now, therefore, be it
RESOLVED: That We, your Memorialists, on behalf of the people of the State and on behalf of the State's outstanding system of public elementary and secondary school education, respectfully urge and request that the President of the United States and the Congress of the United States accommodate Maine's special circumstances by issuing a waiver of the requirements under the No Child Left Behind Act of 2001 for the State's public schools; and be it further
RESOLVED: That in the event that no such waiver is forthcoming, the United States Congress should appropriate full funding of the Act at the authorization levels called for by the Act itself; and be it further
RESOLVED: That suitable copies of this resolution, duly authenticated by the Secretary of State, be transmitted to the Honorable George W. Bush, President of the United States, to the President of the United States Senate, to the Speaker of the United States House of Representatives and to each Member of the Maine Congressional Delegation.
READ.
The SPEAKER: The Chair recognizes the Representative from Lewiston, Representative Craven.
Representative CRAVEN: Mr. Speaker, Men and Women of the House. I am so pleased that so many people recognize that the No Child Left Behind Act is a burden to our public schools in Maine. I thank all of my cosponsors for signing this Joint Resolution.
ADOPTED.
Sent for concurrence.
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REPORTS OF COMMITTEE
Divided Report
Majority Report of the Committee on JUDICIARY reporting Ought Not to Pass on Bill "An Act To Enact the Maine Tribal Gaming Act"
(I.B. 1) (L.D. 1370)
Signed:
Senators:
PENDLETON of Cumberland
CATHCART of Penobscot
WOODCOCK of Franklin
Representatives:
NORBERT of Portland
BULL of Freeport
SIMPSON of Auburn
RICHARDSON of Brunswick
BENNETT of Caribou
MILLS of Farmington
CARR of Lincoln
Minority Report of the same Committee reporting Ought to Pass as Amended by Committee Amendment "A" (H-535) on same Bill.
Signed:
Representatives:
SHERMAN of Hodgdon
DUPREY of Hampden
BRYANT-DESCHENES of Turner
Representative LORING of the Penobscot Nation - of the House - supports the Majority Ought Not to Pass Report.
READ.
Representative NORBERT of Portland moved that the House ACCEPT the Majority Ought Not to Pass Report.
On further motion of the same Representative, TABLED pending his motion to ACCEPT the Majority Ought Not to Pass Report and later today assigned.
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BILLS IN THE SECOND READING
Senate as Amended
Bill "An Act To Preserve the Role of Assisted Living"
(S.P. 403) (L.D. 1197)
(C. "A" S-236)
Reported by the Committee on Bills in the Second Reading, read the second time, the Senate Paper was PASSED TO BE ENGROSSED AS AMENDED in concurrence. ORDERED SENT FORTHWITH.