LEGISLATIVE RECORD - HOUSE, April 9, 2008
ONE HUNDRED AND TWENTY-THIRD LEGISLATURE
FIRST SPECIAL SESSION
6th Legislative Day
Wednesday, April 9, 2008
The House met according to adjournment and was called to order by the Speaker.
Prayer by the Reverend Calvin Sanborn, St. Matthew's Episcopal Church, Hallowell.
National Anthem by St. John's Elementary/Middle School Band, Brunswick.
Pledge of Allegiance.
Doctor of the day, Daniel Summers, M.D., Hallowell.
The Journal of yesterday was read and approved.
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SENATE PAPERS
Non-Concurrent Matter
Bill "An Act To Implement the Recommendations of a Task Force Convened To Evaluate and Recommend Revisions Regarding the Statutory Definition of 'Service Dog'"
(H.P. 1648) (L.D. 2285)
Reports READ and the Bill and accompanying papers COMMITTED to the Committee on LABOR in the House on April 7, 2008.
Came from the Senate with the Majority (11) OUGHT TO PASS AS AMENDED Report of the Committee on LABOR READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-943) in NON-CONCURRENCE.
On motion of Representative TUTTLE of Sanford, the House voted to ADHERE.
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COMMUNICATIONS
The Following Communication: (H.C. 512)
STATE OF MAINE
ONE HUNDRED AND TWENTY-THIRD LEGISLATURE
COMMITTEE ON Criminal Justice and Public Safety
April 7, 2008
Honorable Beth Edmonds, President of the Senate
Honorable Glenn Cummings, Speaker of the House
123rd Maine Legislature
State House
Augusta, Maine 04333
Dear President Edmonds and Speaker Cummings:
Pursuant to Joint Rule 310, we are writing to notify you that the Joint Standing Committee on Criminal Justice and Public Safety has voted unanimously to report the following bill out "Ought Not to Pass":
L.D. 2029 An Act To Reduce Property Taxes, Eliminate Duplication and Streamline Government by Unifying the State Prisons and County Jails
We have also notified the sponsor and cosponsors of the Committee's action.
Sincerely,
S/Sen. Bill Diamond
Senate Chair
S/Rep. Stanley J. Gerzofsky
House Chair
READ and ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 513)
STATE OF MAINE
ONE HUNDRED AND TWENTY-THIRD LEGISLATURE
COMMITTEE ON Health and Human Services
April 7, 2008
Honorable Beth Edmonds, President of the Senate
Honorable Glenn Cummings, Speaker of the House
123rd Maine Legislature
State House
Augusta, Maine 04333
Dear President Edmonds and Speaker Cummings:
Pursuant to Joint Rule 310, we are writing to notify you that the Joint Standing Committee on Health and Human Services has voted unanimously to report the following bill out "Ought Not to Pass":
L.D. 2153 An Act To Improve the Organizational Structure of the Department of Health and Human Services
We have also notified the sponsor and cosponsors of the Committee's action.
Sincerely,
S/Sen. Joseph C. Brannigan
Senate Chair
S/Rep. Anne C. Perry
House Chair
READ and ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 514)
STATE OF MAINE
ONE HUNDRED AND TWENTY-THIRD LEGISLATURE
COMMITTEE ON Legal and Veterans Affairs
April 7, 2008
Honorable Beth Edmonds, President of the Senate
Honorable Glenn Cummings, Speaker of the House
123rd Maine Legislature
State House
Augusta, Maine 04333
Dear President Edmonds and Speaker Cummings:
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. 2261 An Act To Allow a Casino in Oxford County
We have also notified the sponsor and cosponsors of the Committee's action.
Sincerely,
S/Sen. Lisa T. Marraché
Senate Chair
S/Rep. John L. Patrick
House Chair
READ and ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 515)
STATE OF MAINE
ONE HUNDRED AND TWENTY-THIRD LEGISLATURE
COMMITTEE ON Taxation
April 7, 2008
Honorable Beth Edmonds, President of the Senate
Honorable Glenn Cummings, Speaker of the House
123rd Maine Legislature
State House
Augusta, Maine 04333
Dear President Edmonds and Speaker Cummings:
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 bills out "Ought Not to Pass":
L.D. 1582 An Act To Reduce Maine's Tax Burden over a 10-year Period
L.D. 1833 An Act To Provide Property Tax and Income Tax Relief
We have also notified the sponsors and cosponsors of each bill listed of the Committee's action.
Sincerely,
S/Sen. Joseph C. Perry
Senate Chair
S/Rep. John F. Piotti
House Chair
READ and ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 516)
STATE OF MAINE
ONE HUNDRED AND TWENTY-THIRD LEGISLATURE
COMMITTEE ON Utilities and Energy
April 7, 2008
Honorable Beth Edmonds, President of the Senate
Honorable Glenn Cummings, Speaker of the House
123rd Maine Legislature
State House
Augusta, Maine 04333
Dear President Edmonds and Speaker Cummings:
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. 2292 Resolve, To Establish a Stakeholder Group To Study the Sale or Lease of the State's Excess Broadband Capacity
We have also notified the sponsor and cosponsors of the Committee's action.
Sincerely,
S/Sen. Philip L. Bartlett II
Senate Chair
S/Rep. Lawrence Bliss
House Chair
READ and ORDERED PLACED ON FILE.
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The Following Communication: (S.P. 922)
STATE OF MAINE
123RD MAINE LEGISLATURE
April 7, 2008
Sen. Barry Hobbins
Senate Chair, Joint Standing Committee on Judiciary
Rep. Deborah Simpson
House Chair, Joint Standing Committee on Judiciary
123rd Legislature
Augusta, ME 04333
Dear Senator Hobbins and Representative Simpson:
Please be advised that Governor John E. Baldacci has withdrawn his nomination of Diana Scully
for appointment to the Maine Indian Tribal-State Commission, pursuant to Title 3 M.R.S.A. §154.
This nomination is currently pending before the Joint Standing Committee on Judiciary.
Sincerely,
S/Beth Edmonds
President of the Senate
S/Glenn Cummings
Speaker of the House
Came from the Senate, READ and REFERRED to the Committee on JUDICIARY.
READ and REFERRED to the Committee on JUDICIARY in concurrence.
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The Following Communication: (S.C. 760)
MAINE SENATE
123RD MAINE LEGISLATURE
OFFICE OF THE SECRETARY
April 8, 2008
Honorable Millicent M. MacFarland
Clerk of the House
2 State House Station
Augusta, ME 04333
Dear Clerk MacFarland:
Please be advised the Senate today insisted to its previous action whereby it accepted the Minority Ought Not to Pass Report from the Committee on Labor on Bill "An Act To Clarify the Application of Prevailing Wage Requirements" (H.P. 328) (L.D. 412).
Sincerely,
S/Joy J. O'Brien
Secretary of the Senate
READ and ORDERED PLACED ON FILE.
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PETITIONS, BILLS AND RESOLVES REQUIRING REFERENCE
Bill "An Act To Keep Bridges Safe"
(H.P. 1673) (L.D. 2313)
Sponsored by Representative MARLEY of Portland. (GOVERNOR'S BILL)
Cosponsored by Senator SAVAGE of Knox and Representatives: BARSTOW of Gorham, CAMPBELL of Newfield, CAREY of Lewiston, CEBRA of Naples, CROCKETT of Augusta, Speaker CUMMINGS of Portland, FAIRCLOTH of Bangor, FISCHER of Presque Isle, FISHER of Brewer, HOGAN of Old Orchard Beach, KOFFMAN of Bar Harbor, MAZUREK of Rockland, PEOPLES of Westbrook, PERCY of Phippsburg, PINGREE of North Haven, ROSEN of Bucksport, THERIAULT of Madawaska, WALKER of Lincolnville, Senators: DAMON of Hancock, DOW of Lincoln, President EDMONDS of Cumberland, GOOLEY of Franklin, MARTIN of Aroostook, MILLS of Somerset, MITCHELL of Kennebec, PERRY of Penobscot, TURNER of Cumberland.
Committee on TRANSPORTATION suggested and ordered printed.
REFERRED to the Committee on TRANSPORTATION and ordered printed.
Sent for concurrence.
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ORDERS
On motion of Speaker CUMMINGS of Portland, the following Joint Resolution: (H.P. 1672) (Cosponsored by Senator SCHNEIDER of Penobscot and Representatives: AYOTTE of Caswell, BABBIDGE of Kennebunk, BARSTOW of Gorham, BEAUDETTE of Biddeford, BEAUDOIN of Biddeford, BEAULIEU of Auburn, BERRY of Bowdoinham, BLANCHARD of Old Town, BLISS of South Portland, BOLAND of Sanford, BRIGGS of Mexico, BRYANT of Windham, BURNS of Berwick, CAMPBELL of Newfield, CANAVAN of Waterville, CARTER of Bethel, CASAVANT of Biddeford, CHASE of Wells, CLARK of Millinocket, CONOVER of Oakland, COTTA of China, CRAVEN
of Lewiston, CROCKETT of Augusta, DRISCOLL of Westbrook, DUNN of Bangor, EATON of Sullivan, EBERLE of South Portland, FAIRCLOTH of Bangor, FINLEY of Skowhegan, FISCHER of Presque Isle, FLETCHER of Winslow, GERZOFSKY of Brunswick, GILES of Belfast, GREELEY of Levant, GROSE of Woolwich, HARLOW of Portland, HINCK of Portland, HOGAN of Old Orchard Beach, JACKSON of Allagash, KNIGHT of Livermore Falls, KOFFMAN of Bar Harbor, MAKAS of Lewiston, MARLEY of Portland, MAZUREK of Rockland, McFADDEN of Dennysville, MILLER of Somerville, MIRAMANT of Camden, MOORE of Standish, PATRICK of Rumford, PEOPLES of Westbrook, PERCY of Phippsburg, PERRY of Calais, PIEH of Bremen, PILON of Saco, PINGREE of North Haven, PINKHAM of Lexington Township, PRATT of Eddington, PRESCOTT of Topsham, PRIEST of Brunswick, RAND of Portland, RECTOR of Thomaston, RINES of Wiscasset, ROSEN of Bucksport, SAMSON of Auburn, SAVAGE of Falmouth, SCHATZ of Blue Hill, SIMPSON of Auburn, SIROIS of Turner, SMITH of Monmouth, SUTHERLAND of Chapman, THERIAULT of Madawaska, TIBBETTS of Columbia, TREAT of Hallowell, TUTTLE of Sanford, WAGNER of Lewiston, WATSON of Bath, WEBSTER of Freeport, WHEELER of Kittery, Senators: BARTLETT of Cumberland, BRANNIGAN of Cumberland, BROMLEY of Cumberland, DAMON of Hancock, DIAMOND of Cumberland, HOBBINS of York, MARRACHÉ of Kennebec, MARTIN of Aroostook, MITCHELL of Kennebec, ROTUNDO of Androscoggin, STRIMLING of Cumberland) (Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 214)
JOINT RESOLUTION MEMORIALIZING THE UNITED STATES CONGRESS TO STOP GASOLINE PRICE MANIPULATION AND TO CLOSE THE ENRON LOOPHOLE
WE, your Memorialists, the Members of the One Hundred and Twenty-third Legislature of the State of Maine now assembled in the First Special Session, most respectfully present and petition the United States Congress as follows:
WHEREAS, energy prices are reaching an all-time high in the United States and its citizens are especially hard-hit in the State of Maine, as our cold winters are long and many of our citizens use petroleum products to heat their homes; and
WHEREAS, diesel fuel prices for Maine truckers are causing severe economic hardship for this hardworking industry and gasoline fuel prices continue to rise, causing financial hardship to all Maine citizens; and
WHEREAS, it is apparent to the United States Congress and the citizens of Maine that some of the serious factors causing the high prices are excessive trading, speculation and, allegedly, manipulation of the commodities market; and
WHEREAS, the United States Congress passed, in December 2000, at the behest of the American energy company Enron, what is known as "the Enron Loophole" as part of the Commodity Futures Modernization Act of 2000, Appendix E of P.L.106-554, 114 Stat. 2763, and this loophole allows electronic exchanges set up for large traders to operate without any federal oversight; and
WHEREAS, one of the fundamental purposes of futures contracts is to provide price discovery, and those selling or buying commodities in the spot market rely on futures prices to judge amounts to charge or pay for a commodity; and
WHEREAS, since the creation of the futures markets in the agricultural context decades ago, it has been widely understood that, unless properly regulated, the markets may distort the economic fundamental of price discovery through excessive speculation, fraud or manipulation, and the federal Commodity Exchange Act has long been praised as preventing those economic abuses; and
WHEREAS, a recent bipartisan United States Senate report, "The Role of Market Speculation in Rising Oil and Gas Prices: The Need to Put the Cop Back on the Beat," stated that as much as 25% of the cost of a barrel of crude oil may be due to the cost of speculation and profiteering taking place in these unregulated commodities markets; and
WHEREAS, this speculation and profiteering unfairly causes many Maine citizens to pay excessive fuel and gas prices; now, therefore, be it
RESOLVED: That We, your Memorialists, on behalf of the people we represent, respectfully and strongly urge and request that the United States Congress rein in this excessive energy commodities speculation and enact meaningful reforms of the Commodities Futures Trading Commission, including closing "the Enron Loophole"; and be it further
RESOLVED: That suitable copies of this resolution, duly authenticated by the Secretary of State, be transmitted to President of the United States Senate and 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 South Portland, Representative Bliss.
Representative BLISS: Thank you Mr. Speaker. Mr. Speaker, Men and Women of the House. You heard me talk about this Joint Order several days in a row, and I am not going to bore you with a lengthy speech. You don't want to hear anymore about energy commodity speculation, or what is commonly referred to on Wall Street as the "Enron loophole." Let me just suggest that it is time for us to send a message from this Legislature, on behalf of this state, to Congress and the President and say stop this loophole, stop messing with the price of gas. Mr. Speaker, I would ask for a roll call.
Representative BLISS of South Portland REQUESTED a roll call on ADOPTION.
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 Adoption. All those in favor will vote yes, those opposed will vote no.
ROLL CALL NO. 349
YEA - Annis, Austin, Ayotte, Babbidge, Barstow, Beaudette, Beaudoin, Beaulieu, Blanchard, Blanchette, Bliss, Brautigam, Briggs, BrowneW, Bryant, Burns, Campbell, Carey, Carter, Casavant, Cebra, Chase, Clark, Cleary, Connor, Conover, Cotta, Craven, Cray, Crockett, Curtis, Driscoll, Duchesne, Duprey, Eaton, Eberle, Faircloth, Farrington, Finch, Finley, Fitts, Fletcher, Flood, Gerzofsky, Gifford, Giles, Gould, Hamper, HanleyS, Harlow, Hayes, Hinck, Hogan, Jackson, Johnson, Jones, Joy, Knight, Koffman, Lundeen, MacDonald, Marean, Marley, Mazurek, McDonough, McFadden, McKane, Miller, Millett, Mills, Miramant, Nass, Norton, Patrick, Pendleton, Peoples, Percy, Perry, Pieh, Pilon, Pineau, Pingree, Pinkham, Piotti, Pratt, Prescott, Priest, Rector, RichardsonD, Rines, Robinson, Rosen, Samson, Sarty, Savage, Saviello, Schatz, Silsby, Simpson, Sirois, SmithN, StrangBurgess, Sutherland, Sykes, Tardy, Theriault, Thibodeau, Thomas, Tibbetts, Trinward, Tuttle, Valentino, Wagner, Watson, Weaver, Webster, Weddell, Wheeler, Woodbury, Mr. Speaker.