LEGISLATIVE RECORD - HOUSE, April 7, 2003
ONE HUNDRED AND TWENTY-FIRST LEGISLATURE
FIRST REGULAR SESSION
34th Legislative Day
Monday, April 7, 2003
The House met according to adjournment and was called to order by the Speaker.
Prayer by Father Frank Morin and Deacon George Stevens, St. Ann's Church, Indian Township.
National Anthem by Lauren Jain Stevens, Brewer High School.
Pledge of Allegiance.
Doctor of the day, Judy Chamberlain, M.D., Brunswick.
The Journal of Wednesday, April 2, 2003 was read and approved.
______
The SPEAKER: The Chair recognizes the Representative from the Penobscot Nation, Representative Loring who wishes to address the House on the record.
Representative LORING: Mr. Speaker, Men and Women of the House. This weekend we learned of the death of Private First Class Lori Ann Piestewa.
I have been following the story of the 507th Maintenance Company since March 23rd when they were ambushed. I was particularly interested when it was known that one of the missing was a 23-year-old female Native American soldier of the Hopi Tribe. I couldn't help but identify with her and Hopi community from which she came. When I heard the news of her death on Saturday, my heart was very heavy and my thoughts and prayers went to her family and those who knew her and loved her. I couldn't help but think of my experience in Vietnam as a Pfc at age 19. I wondered then what I was doing there and I'm sure she must have had those same thoughts.
I wrote a poem about that confusion and although it was written 35 years ago, somehow I think Lori Ann Piestewa would agree. I read this poem in her memory and in honor of her warrior spirit and ultimate sacrifice.
It's titled The Other World.
I stepped off the "freedom bird" into another world a world of profound beauty and yet a world of desolation and despair.
Just as a newborn babe comes into the word so came I into a world I knew nothing of unto a people I knew nothing of.
Why was I here?
I walked down the war torn streets of the village not knowing the answer.
As I walked I looked down and saw the tattered remains of a newspaper and on the front page a picture of a man holding the lifeless body of his infant son.
There was emptiness in his eyes as tears of a lifetime flowed down his face.
In that instant I knew the answer.
I was here to help save this country, this other world and in so doing save mine.
May we never forget the price that we pay for our freedom. Thank you.
______
SENATE PAPERS
Bill "An Act To Prevent Certain Deliveries of Tobacco Products"
(S.P. 508) (L.D. 1516)
Came from the Senate, REFERRED to the Committee on HEALTH AND HUMAN SERVICES and ordered printed.
REFERRED to the Committee on HEALTH AND HUMAN SERVICES in concurrence.
______
Bill "An Act To Promote and Monitor Competition in the Solid Waste Industry"
(S.P. 507) (L.D. 1515)
Came from the Senate, REFERRED to the Committee on NATURAL RESOURCES and ordered printed.
REFERRED to the Committee on NATURAL RESOURCES in concurrence.
______
COMMUNICATIONS
The Following Communication: (H.C. 126)
STATE OF MAINE
ONE HUNDRED AND TWENTY-FIRST LEGISLATURE
COMMITTEE ON Business, Research and Economic Development
March 31, 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 Business, Research and Economic Development has voted unanimously to report the following bills out "Ought Not to Pass":
L.D. 663 An Act To Create Economic Development Zones
L.D. 764 An Act To Ensure Choice for Maine Consumers
L.D. 958 An Act To Require the Display of Oil Prices on Home Heating Oil Delivery Trucks
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.
______
The Following Communication: (H.C. 127)
STATE OF MAINE
ONE HUNDRED AND TWENTY-FIRST LEGISLATURE
COMMITTEE ON Inland Fisheries and Wildlife
March 31, 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 Inland Fisheries and Wildlife has voted unanimously to report the following bills out "Ought Not to Pass":
L.D. 52 An Act to Strengthen the Governor's Council on Landowner Relations
L.D. 77 An Act to Require Permission for an ATV to Cross Private Land
L.D. 304 An Act to Raise the Minimum Age for Operation of an ATV from 10 Years of Age to 16 Years of Age
L.D. 368 An Act To Increase the Registration Fee for ATVs
L.D. 369 An Act To Create a Closed Season for ATV Use
L.D. 370 An Act To Change the Display of ATV Registration Numbers
L.D. 474 An Act To Strengthen the ATV Laws of the State
We have also notified the sponsors and cosponsors of each bill listed of the Committee's action.
Sincerely,
S/Sen. Bruce Bryant
Senate Chair
S/Rep. Matthew Dunlap
House Chair
READ and ORDERED PLACED ON FILE.
______
The Following Communication: (H.C. 128)
STATE OF MAINE
ONE HUNDRED AND TWENTY-FIRST LEGISLATURE
COMMITTEE ON Utilities and Energy
March 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 Utilities and Energy has voted unanimously to report the following bill out "Ought Not to Pass":
L.D. 843 An Act To Ensure Equal Treatment of Telecommunications Customers under Maine's Universal Service Fund
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.
______
The Following Communication: (H.C. 129)
STATE OF MAINE
ONE HUNDRED AND TWENTY-FIRST LEGISLATURE
COMMITTEE ON Taxation
April 3, 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 Taxation has voted unanimously to report the following bills out "Ought Not to Pass":
L.D. 756 An Act To Provide an Income Tax Credit for Tuition Paid to Private Schools
L.D. 810 An Act To Increase the Maine Lodging Tax
L.D. 966 An Act To Encourage the Payment of Delinquent Taxes
L.D. 1135 An Act To Provide a Tax Credit to Employers Who Contribute to Employee Health Care Benefits
L.D. 1147 An Act To Shift Tax Burdens from Wages to Nonrenewable Power Sources
L.D. 1151 An Act Relating to Tax Credits for Historic Preservation
L.D. 1209 An Act To Conform the State Compromise of Tax Liability Procedure with Federal Procedures
L.D. 1217 An Act To Enhance the Collection of Tax Arrearages
We have also notified the sponsors and cosponsors of each bill listed 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.
______
PETITIONS, BILLS AND RESOLVES REQUIRING REFERENCE
Bill "An Act To Conform to Federal Standards Maine's Law Regarding Strip Searches of Persons in Custody"
(H.P. 1115) (L.D. 1524)
Sponsored by Representative BUNKER of Kossuth Township.
Cosponsored by Senator STRIMLING of Cumberland.
Submitted by the Department of the Attorney General pursuant to Joint Rule 204.
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.
______
Bill "An Act Concerning Liability Insurance Covering Debt Cancellation Contracts"
(H.P. 1114) (L.D. 1521)
Sponsored by Representative GLYNN of South Portland.
Submitted by the Department of Professional and Financial Regulation pursuant to Joint Rule 204.
Committee on INSURANCE AND FINANCIAL SERVICES suggested and ordered printed.
REFERRED to the Committee on INSURANCE AND FINANCIAL SERVICES and ordered printed.
Sent for concurrence.
______
Bill "An Act To Clarify the Freedom of Access Laws as They Pertain to the Penobscot Nation"
(H.P. 1116) (L.D. 1525)
Sponsored by Representative LORING of the Penobscot Nation.
Cosponsored by Senator CATHCART of Penobscot and Representatives: BRYANT-DESCHENES of Turner, LANDRY of
Sanford, MARRACHÉ of Waterville, McKEE of Wayne, MOORE of the Passamaquoddy Tribe, SNOWE-MELLO of Poland, Senators: HATCH of Somerset, WOODCOCK of Franklin.
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 205.
Committee on JUDICIARY suggested and ordered printed.
REFERRED to the Committee on JUDICIARY and ordered printed.
Sent for concurrence.
______
Resolve, To Establish a Task Force on the Planning and Development of Marine Aquaculture in Maine (EMERGENCY)
(H.P. 1112) (L.D. 1519)
Sponsored by Representative BULL of Freeport. (GOVERNOR'S BILL)
Committee on MARINE RESOURCES suggested and ordered printed.
REFERRED to the Committee on MARINE RESOURCES and ordered printed.
Sent for concurrence.
______
Bill "An Act To Reclassify Certain Waters of the State"
(H.P. 1121) (L.D. 1529)
Sponsored by Speaker COLWELL of Gardiner.
Cosponsored by Senator MARTIN of Aroostook and Representatives: BULL of Freeport, DUNLAP of Old Town, Senator: SAWYER of Penobscot.
Submitted by the Department of Environmental Protection pursuant to Joint Rule 204.
Committee on NATURAL RESOURCES suggested and ordered printed.
REFERRED to the Committee on NATURAL RESOURCES and ordered printed.
Sent for concurrence.
______
Bill "An Act To Permit Electronic Notification of Rulemaking for Interested Parties" (EMERGENCY)
(H.P. 1120) (L.D. 1528)
Sponsored by Representative McLAUGHLIN of Cape Elizabeth. (GOVERNOR'S BILL)
Cosponsored by Senator ROTUNDO of Androscoggin.
Committee on STATE AND LOCAL GOVERNMENT suggested and ordered printed.
REFERRED to the Committee on STATE AND LOCAL GOVERNMENT and ordered printed.
Sent for concurrence.
______
Bill "An Act To Amend the Motor Vehicle Laws"
(H.P. 1113) (L.D. 1520)
Sponsored by Representative USHER of Westbrook.
Cosponsored by Senator HATCH of Somerset and Representatives: COLLINS of Wells, McKENNEY of Cumberland.
Submitted by the Department of Public Safety pursuant to Joint Rule 204.
Committee on TRANSPORTATION suggested and ordered printed.
REFERRED to the Committee on TRANSPORTATION and ordered printed.
Sent for concurrence.
______
Pursuant to Statute
Department of Corrections
Representative BUNKER for the Department of Corrections pursuant to the Maine Revised Statutes, Title 5, section 8072 asks leave to report that the accompanying Resolve, Regarding Legislative Review of Chapter 15: Batterer Intervention Program Certification, a Major Substantive Rule of the Department of Corrections (EMERGENCY)
(H.P. 1117) (L.D. 1526)
Be REFERRED to the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY and printed pursuant to Joint Rule 218.
Report was READ and ACCEPTED and the Resolve REFERRED to the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY and ordered printed pursuant to Joint Rule 218.
Sent for concurrence.
______
Pursuant to Statute
Department of Education
Representative CUMMINGS for the Department of Education 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 115: Certification, Authorization and Approval of Education Personnel, a Major Substantive Rule of the Department of Education (EMERGENCY)
(H.P. 1122) (L.D. 1530)
Be REFERRED to the Committee on EDUCATION AND CULTURAL AFFAIRS and printed pursuant to Joint Rule 218.
Report was READ and ACCEPTED and the Resolve REFERRED to the Committee on EDUCATION AND CULTURAL AFFAIRS and ordered printed pursuant to Joint Rule 218.
Sent for concurrence.
______
Pursuant to Statute
Maine Health Data Organization
Representative KANE for the Maine Health Data Organization pursuant to the Maine Revised Statutes, Title 5, section 8072 asks leave to report that the accompanying Resolve, Regarding Legislative Review of Chapter 120: Release of Information to the Public, a Major Substantive Rule of the Maine Health Data Organization (EMERGENCY)
(H.P. 1118) (L.D. 1527)
Be REFERRED to the Committee on HEALTH AND HUMAN SERVICES and printed pursuant to Joint Rule 218.
Report was READ and ACCEPTED and the Resolve REFERRED to the Committee on HEALTH AND HUMAN SERVICES and ordered printed pursuant to Joint Rule 218.
Sent for concurrence.
______
ORDERS
On motion of Speaker COLWELL of Gardiner, the following Joint Resolution: (H.P. 1119) (Cosponsored by President DAGGETT of Kennebec and Representatives: CANAVAN of Waterville, FLETCHER of Winslow, HATCH of Skowhegan, LERMAN of Augusta, O'BRIEN of Augusta, Senators: GAGNON of Kennebec, HATCH of Somerset, TREAT of Kennebec)
JOINT RESOLUTION RECOGNIZING THE 25TH ANNIVERSARY
OF THE FAMILY VIOLENCE PROJECT
WHEREAS, the Family Violence Project is an independent, nonprofit organization dedicated to serving the special needs of all women, children and men who are experiencing domestic abuse; and
WHEREAS, the Family Violence Project was incorporated in 1978 and serves the communities of Kennebec and Somerset Counties, with offices located in Augusta, Winslow and Skowhegan, and is funded by local, state and federal funds, private grants, special fundraising events and donations; and
WHEREAS, The Family Violence Project provides valuable social services for advocacy and referrals privately and in the court system, and it provides a children's program, a school-based program, community education, support groups, batterer's intervention, a confidential hotline and emergency shelters; and
WHEREAS, in Maine, 50% of homicides are domestic abuse related and 60,000 people are victims of domestic assault annually; 95% of all domestic abuse victims are women, and one out of 4 American women will be physically assaulted at some time in their lives. The Family Violence Project is a member of the Maine Coalition to End Domestic Violence and provides a valuable service in our community; now, therefore, be it