LEGISLATIVE RECORD - HOUSE, February 24, 2004
ONE HUNDRED AND TWENTY-FIRST LEGISLATURE
SECOND SPECIAL SESSION
9th Legislative Day
Tuesday, February 24, 2004
The House met according to adjournment and was called to order by the Speaker.
Prayer by Pastor James A. Weathersby, Second Baptist Church, Islesboro.
Pledge of Allegiance.
Doctor of the day, Peter Mason, D.O., Bath.
The Journal of Thursday, February 19, 2004 was read and approved.
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COMMUNICATIONS
The Following Communication: (H.P. 1389)
STATE OF MAINE
HOUSE OF REPRESENTATIVES
SPEAKER'S OFFICE
AUGUSTA, MAINE 04333-0002
February 23, 2004
Honorable Millicent M. MacFarland
Clerk of the House
2 State House Station
Augusta, ME 04333
Dear Clerk MacFarland:
Pursuant to my authority under House Rule 201.1 I (a), I am pleased to appoint Representative Stephen R. Beaudette of Biddeford to serve as a member of the Joint Standing Committee on Business, Research, and Economic Development.
By the same authority, I am pleased to appoint Representative Christopher Rector of Thomaston to serve as a member of the Joint Standing Committee on Marine Resources. I hereby rescind the appointment of Representative Rector to the Joint Standing Committee on Business, Research, and Economic Development.
Further, pursuant to my authority under House Rule 201.1 I (a), I hereby rescind the appointment of Representative Stephen Bowen of Rockport to the Joint Standing Committee on Marine Resources.
Should you have any questions regarding these appointments please feel free to contact me.
Sincerely,
S/Patrick Colwell
Speaker of the House
READ and ORDERED PLACED ON FILE.
Sent for concurrence.
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The Following Communication: (H.C. 314)
STATE OF MAINE
ONE HUNDRED AND TWENTY-FIRST LEGISLATURE
COMMITTEE ON APPROPRIATIONS AND FINANCIAL AFFAIRS
February 17, 2004
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. 336An Act to Fund the Endowment Incentive Fund
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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The Following Communication: (H.C. 315)
STATE OF MAINE
ONE HUNDRED AND TWENTY-FIRST LEGISLATURE
COMMITTEE ON BUSINESS, RESEARCH AND ECONOMIC DEVELOPMENT
February 17, 2004
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 Business, Research and Economic Development has voted unanimously to report the following bills out "Ought Not to Pass":
L.D. 1650An Act To Ensure Equitable Economic Development within the Kennebec Valley Economic Development District
L.D. 1696Resolve, Directing the Office of Policy and Legal Analysis and the Office of the Revisor of Statutes To Prepare a Recodification of the Maine Revised Statutes, Title 9, Chapter 385; Title 10, Chapters 901 and 951; and Title 32
L.D. 1795An Act To Permit the Filling of a Prescription Refill Prior to the End of the Prescription
We have also notified the sponsors and cosponsors of each bill listed of the Committee's action.
Sincerely,
S/Sen. Lynn Bromley
Senate Chair
S/Rep. Nancy B. Sullivan
House Chair
READ and ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 316)
STATE OF MAINE
ONE HUNDRED AND TWENTY-FIRST LEGISLATURE
COMMITTEE ON LABOR
February 17, 2004
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 Labor has voted unanimously to report the following bill out "Ought Not to Pass":
L.D. 1721An Act To Amend the Fees Paid to Attorneys for Lump-sum Settlements in Workers' Compensation Cases
We have also notified the sponsor and cosponsors of the Committee's action.
Sincerely,
S/Sen. Betheda G. Edmonds
Senate Chair
S/Rep. William J. Smith
House Chair
READ and ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 325)
STATE OF MAINE
ONE HUNDRED AND TWENTY-FIRST LEGISLATURE
COMMITTEE ON LEGAL AND VETERANS AFFAIRS
February 17, 2004
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 Legal and Veterans Affairs has voted unanimously to report the following bill out "Ought Not to Pass":
L.D. 1710An Act To Allow Towns To Consolidate for the Purpose of Establishing a Voting Place
We have also notified the sponsor and cosponsors of the Committee's action.
Sincerely,
S/Sen. Kenneth T. Gagnon
Senate Chair
S/Rep. Joseph E. Clark
House Chair
READ and ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 326)
STATE OF MAINE
ONE HUNDRED AND TWENTY-FIRST LEGISLATURE
COMMITTEE ON TAXATION
February 17, 2004
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 Taxation has voted unanimously to report the following bill out "Ought Not to Pass":
L.D. 1718An Act To Clarify the Sales Tax Exemptions Regarding Assisted Housing Programs
We have also notified the sponsor and cosponsors of the Committee's action.
Sincerely,
S/Sen. Stephen Stanley
Senate Chair
S/Rep. David G. Lemoine
House Chair
READ and ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 327)
STATE OF MAINE
ONE HUNDRED AND TWENTY-FIRST LEGISLATURE
COMMITTEE ON Judiciary
February 17, 2004
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 Judiciary has voted unanimously to report the following bills out "Ought Not to Pass":
L.D. 1778An Act To Prohibit Female Genital Mutilation
L.D. 1822An Act To Increase Access of Domestic Violence Victim Support Agencies to Certain Information
We have also notified the sponsors and cosponsors of each bill listed of the Committee's action.
Sincerely,
S/Sen. Peggy A. Pendleton
Senate Chair
S/Rep. William S. Norbert
House Chair
READ and ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 328)
STATE OF MAINE
ONE HUNDRED AND TWENTY-FIRST LEGISLATURE
COMMITTEE ON Utilities and Energy
February 17, 2004
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 Utilities and Energy has voted unanimously to report the following bill out "Ought Not to Pass":
L.D. 1740An Act To Make Electricity Provider Do-not-call Requirements Consistent with State and Federal Requirements
We have also notified the sponsor and cosponsors of the Committee's action.
Sincerely,
S/Sen. Christopher Hall
Senate Chair
S/Rep. Lawrence Bliss
House Chair
READ and ORDERED PLACED ON FILE.
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PETITIONS, BILLS AND RESOLVES REQUIRING REFERENCE
Bill "An Act To Recruit and Retain College Graduates through Loan Repayment"
(H.P. 1387) (L.D. 1864)
Sponsored by Representative FISCHER of Presque Isle.
Cosponsored by Senator HALL of Lincoln and Representatives: Speaker COLWELL of Gardiner, CUMMINGS of Portland,
SULLIVAN of Biddeford, THOMAS of Orono, Senators: President DAGGETT of Kennebec, SAVAGE of Knox, STANLEY of Penobscot.
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 205.
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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Pursuant to Statute
Department of Professional and Financial Regulation, Bureau of Insurance
Representative O'NEIL for the Department of Professional and Financial Regulation, Bureau of Insurance 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 755: Health Insurance Classifications, Disclosure and Minimum Standards, a Major Substantive Rule of the Department of Professional and Financial Regulation, Bureau of Insurance (EMERGENCY)
(H.P. 1388) (L.D. 1865)
Be REFERRED to the Committee on INSURANCE AND FINANCIAL SERVICES and printed pursuant to Joint Rule 218.
Report was READ and ACCEPTED and the Resolve REFERRED to the Committee on INSURANCE AND FINANCIAL SERVICES and ordered printed pursuant to Joint Rule 218.
Sent for concurrence.
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By unanimous consent, all matters having been acted upon were ORDERED SENT FORTHWITH.
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The House recessed until the Sound of the Bell.
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(After Recess)
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The House was called to order by the Speaker.
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REPORTS OF COMMITTEE
Divided Report
Majority Report of the Committee on TAXATION reporting Ought to Pass as Amended by Committee Amendment "A" (H-699) on Bill "An Act To Provide for Fair Treatment of Taxpayers"
(H.P. 1291) (L.D. 1769)
Signed:
Senators:
STANLEY of Penobscot
NASS of York
Representatives:
SUSLOVIC of Portland
TARDY of Newport
McCORMICK of West Gardiner
SIMPSON of Auburn
PERRY of Bangor
CLOUGH of Scarborough
COURTNEY of Sanford
LERMAN of Augusta
Minority Report of the same Committee reporting Ought Not to Pass on same Bill.
Signed:
Senator:
STRIMLING of Cumberland
Representatives:
LEMOINE of Old Orchard Beach
McGOWAN of Pittsfield
READ.
On motion of Representative SIMPSON of Auburn, the Majority Ought to Passas Amended Report was ACCEPTED.
The Bill was READ ONCE. Committee Amendment "A" (H-699) was READ by the Clerk and ADOPTED. The Bill was assigned for SECOND READING Wednesday, February 25, 2004.
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Majority Report of the Committee on APPROPRIATIONS AND FINANCIAL AFFAIRS reporting Ought to Pass as Amended by Committee Amendment "A" (H-701) on Bill "An Act to Expand Funding and Services to Students of Limited Proficiency in English"
(H.P. 149) (L.D. 190)
Signed:
Senators:
CATHCART of Penobscot
ROTUNDO of Androscoggin
Representatives:
BRANNIGAN of Portland
MAILHOT of Lewiston
COWGER of Hallowell
DUDLEY of Portland
FAIRCLOTH of Bangor
PINGREE of North Haven
Minority Report of the same Committee reporting Ought Not to Pass on same Bill.
Signed:
Senator:
TURNER of Cumberland
Representatives:
ROSEN of Bucksport
MILLS of Cornville
O'BRIEN of Augusta
MILLETT of Waterford
READ.
On motion of Representative BRANNIGAN of Portland, the Majority Ought to Passas Amended Report was ACCEPTED.
The Bill was READ ONCE. Committee Amendment "A" (H-701) was READ by the Clerk and ADOPTED. The Bill was assigned for SECOND READING Wednesday, February 25, 2004.
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CONSENT CALENDAR
First Day
In accordance with House Rule 519, the following items appeared on the Consent Calendar for the First Day:
(S.P. 629) (L.D. 1697) Bill "An Act To Clarify Certain Provisions Contained in the Recodified Hunting, Fishing and Trapping Laws" Committee on INLAND FISHERIES AND WILDLIFE reporting Ought to Pass as Amended by Committee Amendment "A" (S-388)
(S.P. 630) (L.D. 1698) Bill "An Act To Join the Interstate Insurance Product Regulation Compact" Committee on
INSURANCE AND FINANCIAL SERVICES reporting Ought to Pass as Amended by Committee Amendment "A" (S-389)
(S.P. 636) (L.D. 1704) Bill "An Act To Amend the Maine Turnpike Authority's Budget for Calendar Year 2004" Committee on TRANSPORTATION reporting Ought to Pass as Amended by Committee Amendment "A" (S-387)
(H.P. 1361) (L.D. 1837) Bill "An Act Relating to the Consideration of the Cumulative Effects on Protected Natural Resources" Committee on NATURAL RESOURCES reporting Ought to Pass
(H.P. 1258) (L.D. 1736) Bill "An Act To Authorize Licensure by Endorsement for Canadian Dentists and Dental Hygienists" Committee on BUSINESS, RESEARCH AND ECONOMIC DEVELOPMENT reporting Ought to Pass as Amended by Committee Amendment "A" (H-708)
(H.P. 1282) (L.D. 1760) Bill "An Act To Amend the Random Drug Testing Laws" Committee on LABOR reporting Ought to Pass as Amended by Committee Amendment "A" (H-711)
(H.P. 1284) (L.D. 1762) Bill "An Act To Amend the Maine Emergency Medical Services Act of 1982" Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY reporting Ought to Pass as Amended by Committee Amendment "A" (H-709)
(H.P. 1336) (L.D. 1814) Bill "An Act Concerning Disability Retirement Benefits under the Maine State Retirement System" Committee on LABOR reporting Ought to Pass as Amended by Committee Amendment "A" (H-710)
There being no objections, the above items were ordered to appear on the Consent Calendar tomorrow under the listing of Second Day.
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CONSENT CALENDAR
Second Day
In accordance with House Rule 519, the following items appeared on the Consent Calendar for the Second Day:
(S.P. 623) (L.D. 1691) Bill "An Act To Strengthen the Charitable Solicitations Act"
(S.P. 609) (L.D. 1677) Bill "An Act To Exempt Classic Auto Dealers from Dealer Plate Restrictions" (EMERGENCY) (C. "A" S-382)
(H.P. 1294) (L.D. 1772) Bill "An Act To Revise the Frequency of Home Health Licensing Surveys"
(H.P. 55) (L.D. 47) Resolve, to Fund Scholarships to the Seeds of Peace Camp (C. "A" H-704)
(H.P. 222) (L.D. 279) Bill "An Act To Support the Regional Library System" (C. "A" H-703)
(H.P. 1329) (L.D. 1807) Resolve, Authorizing the State Tax Assessor To Convey the Interest of the State in a Certain Parcel of Real Estate Located in the City of Auburn (C. "A" H-700)
No objections having been noted at the end of the Second Legislative Day, the Senate Papers were PASSED TO BE ENGROSSED or PASSED TO BE ENGROSSED AS AMENDED in concurrence and the House Papers were PASSED TO BE ENGROSSED or PASSED TO BE ENGROSSED AS AMENDED and sent for concurrence.
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By unanimous consent, all matters having been acted upon were ORDERED SENT FORTHWITH.
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BILLS IN THE SECOND READING
Senate as Amended in Non-Concurrence
Bill "An Act To Amend the Maine Consumer Credit Code Regarding Balloon Payments"
(S.P. 602) (L.D. 1638)
(H. "A" H-706 to C. "A" S-378)
House as Amended
Bill "An Act to Increase the Adult Education State Subsidy by a Specific Percentage"
(H.P. 153) (L.D. 194)
(C. "A" H-702)
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 non-concurrence and sent for concurrence and the House Paper was PASSED TO BE ENGROSSED AS AMENDED and sent for concurrence. ORDERED SENT FORTHWITH.
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ENACTORS
Emergency Measure
An Act Regarding the Number of Jurors Required To Render a Verdict in a Civil Trial
(H.P. 1230) (L.D. 1652)
(C. "A" H-673)
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 being necessary, a total was taken. 132 voted in favor of the same and 0 against, and accordingly the Bill was PASSED TO BE ENACTED, signed by the Speaker and sent to the Senate. ORDERED SENT FORTHWITH.
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Mandate
An Act To Authorize Certain School Children To Carry Emergency Medication on Their Persons
(H.P. 1290) (L.D. 1768)
(C. "A" H-674)
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. 129 voted in favor of the same and 0 against, and accordingly the Bill was PASSED TO BE ENACTED, signed by the Speaker and sent to the Senate.
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Acts
An Act To Improve the Ability of Water Utilities To Maintain a Contingency Allowance
(H.P. 1272) (L.D. 1750)
(C. "A" H-676)
An Act To Create Consistency between State and Federal Telephone Consumer Protection Laws
(H.P. 1273) (L.D. 1751)
An Act To Make Allocations from Maine Turnpike Authority Funds for the Maine Turnpike Authority for the Calendar Year Ending December 31, 2005
(H.P. 1349) (L.D. 1825)
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.
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Resolves
Resolve, To Allow MaineCare Reimbursement for Licensed Marriage and Family Therapists To Provide Services to Child Protective Services Clients and Adult Protective Services Clients
(H.P. 134) (L.D. 175)
(C. "A" H-675)
Reported by the Committee on Engrossed Bills as truly and strictly engrossed, FINALLY PASSED, signed by the Speaker and sent to the Senate.
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An Act To Authorize Collaborative Practice for Emergency Contraception
(S.P. 376) (L.D. 1152)
Was reported by the Committee on Engrossed Bills as truly and strictly engrossed.
On motion of Representative DUPREY of Hampden, was SET ASIDE.
The same Representative REQUESTED a roll call on PASSAGE TO BE ENACTED.
More than one-fifth of the members present expressed a desire for a roll call which was ordered.
The SPEAKER: A roll call has been ordered. The pending question before the House is Enactment. All those in favor will vote yes, those opposed will vote no.
ROLL CALLNO. 306
YEA - Adams, Ash, Barstow, Blanchette, Bliss, Bowles, Brannigan, BrownR, BrowneW, Bruno, Bull, Campbell, Canavan, ChurchillE, ChurchillJ, Collins, Cowger, Craven, Cummings, Daigle, Dudley, Dunlap, Duplessie, Earle, Eder, Faircloth, Finch, Fischer, Gagne-Friel, Gerzofsky, Heidrich, Honey, Hotham, Hutton, Jacobsen, Jennings, Kaelin, Kane, Ketterer, Koffman, Landry, Ledwin, Lemoine, Lerman, Lessard, Mailhot, Makas, Marley, Marraché, McCormick, McGlocklin, McGowan, McKee, McKenney, McLaughlin, McNeil, MillsJ, MillsS, Moore, Murphy, Norbert, Norton, Nutting, O'BrienL, O'Neil, Percy, PerryA, Pineau, Pingree, Piotti, Rector, RichardsonE, RichardsonJ, RichardsonM, Rines, Rosen, Sampson, Saviello, Simpson, SmithN, SmithW, Stone, Sullivan, Suslovic, Thomas, Thompson, TobinD, Walcott, Watson, Wheeler, Woodbury, Mr. Speaker.
NAY - Andrews, Annis, Austin, Beaudette, Bennett, Berry, Bowen, Bryant-Deschenes, Bunker, Carr, Clark, Clough, Courtney, Cressey, Crosthwaite, Curley, Davis, DupreyB, Fletcher, Glynn, Greeley, Jackson, Jodrey, Joy, Lewin, Lundeen, Millett, Moody, O'BrienJ, Paradis, Patrick, Peavey-Haskell, PerryJ, Rogers, Sherman, Shields, Snowe-Mello, Sukeforth, Sykes, Tardy, TobinJ, Trahan, Twomey, Vaughan, Wotton, Young.
ABSENT - Berube, Bierman, Breault, Dugay, DupreyG, Goodwin, Grose, Hatch, Maietta, Muse, Pellon, Treadwell, Usher.
Yes, 92; No, 46; Absent, 13; Excused, 0.
92 having voted in the affirmative and 46 voted in the negative, with 13 being absent, and accordingly the Bill was PASSED TO BE ENACTED, signed by the Speaker and sent to the Senate.
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By unanimous consent, all matters having been acted upon were ORDERED SENT FORTHWITH.
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UNFINISHED BUSINESS
The following matters, in the consideration of which the House was engaged at the time of adjournment Thursday, February 19, 2004, had preference in the Orders of the Day and continued with such preference until disposed of as provided by House Rule 502.