LEGISLATIVE RECORD - HOUSE, April 5, 2006
ONE HUNDRED AND TWENTY-SECOND LEGISLATURE
SECOND REGULAR SESSION
35th Legislative Day
Wednesday, April 5, 2006
The House met according to adjournment and was called to order by the Speaker.
Prayer by Right Reverend Douglas Wright, American Orthodox Community of Whitefield.
National Anthem by Melissa Birch, Coopers Mills.
Pledge of Allegiance.
The Journal of yesterday was read and approved.
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SENATE PAPERS
Non-Concurrent Matter
Bill "An Act To Make Revisions to the Laws Governing Pesticide Control"
(H.P. 1330) (L.D. 1890)
Report "A" (6) OUGHT TO PASS AS AMENDED of the Committee on AGRICULTURE, CONSERVATION AND FORESTRY READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-860) in the House on March 27, 2006.
Came from the Senate with Report "C" (2) OUGHT TO PASS AS AMENDED of the Committee on AGRICULTURE, CONSERVATION AND FORESTRY READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "C" (H-862) in NON-CONCURRENCE.
On motion of Representative PIOTTI of Unity, TABLED pending FURTHER CONSIDERATION and later today assigned.
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Non-Concurrent Matter
Bill "An Act To Implement Recommendations of the Study Commission Regarding Liveable Wages Concerning the State Earned Income Tax Credit"
(H.P. 1428) (L.D. 2027)
Majority (7) OUGHT NOT TO PASS Report of the Committee on TAXATION READ and ACCEPTED in the House on March 27, 2006.
Came from the Senate with the Minority (5) OUGHT TO PASS AS AMENDED Report of the Committee on TAXATION READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-865) in NON-CONCURRENCE.
On motion of Representative RICHARDSON of Brunswick, the House voted to RECEDE AND CONCUR.
Representative TARDY of Newport REQUESTED a roll call on the motion to RECEDE AND CONCUR.
More than one-fifth of the members present expressed a desire for a roll call which was ordered.
Representative DUPLESSIE of Westbrook moved that the Bill be TABLED pending the motion of Representative RICHARDSON of Brunswick to RECEDE AND CONCUR. (Roll Call Ordered)
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COMMUNICATIONS
The Following Communication: (H.C. 424)
STATE OF MAINE
ONE HUNDRED AND TWENTY-SECOND LEGISLATURE
COMMITTEE ON AGRICULTURE, CONSERVATION AND FORESTRY
March 30, 2006
Honorable Beth Edmonds, President of the Senate
Honorable John Richardson, Speaker of the House
122nd Maine Legislature
State House
Augusta, Maine 04333
Dear President Edmonds and Speaker Richardson:
Pursuant to Joint Rule 310, we are writing to notify you that the Joint Standing Committee on Agriculture, Conservation and Forestry has voted unanimously to report the following bill out "Ought Not to Pass":
L.D. 1791 An Act To Increase the Number of Members on the Board of Pesticides Control
We have also notified the sponsor and cosponsors of the Committee's action.
Sincerely,
S/Sen. John M. Nutting
Senate Chair
S/Rep. John F. Piotti
House Chair
READ and ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 425)
STATE OF MAINE
ONE HUNDRED AND TWENTY-SECOND LEGISLATURE
COMMITTEE ON CRIMINAL JUSTICE AND PUBLIC SAFETY
March 30, 2006
Honorable Beth Edmonds, President of the Senate
Honorable John Richardson, Speaker of the House
122nd Maine Legislature
State House
Augusta, Maine 04333
Dear President Edmonds and Speaker Richardson:
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. 1879 An Act To Enhance Firefighter Safety
We have also notified the sponsor and cosponsors of the Committee's action.
Sincerely,
S/Sen. Bill Diamond
Senate Chair
S/Rep. Patricia A. Blanchette
House Chair
READ and ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 426)
STATE OF MAINE
ONE HUNDRED AND TWENTY-SECOND LEGISLATURE
COMMITTEE ON HEALTH AND HUMAN SERVICES
March 30, 2006
Honorable Beth Edmonds, President of the Senate
Honorable John Richardson, Speaker of the House
122nd Maine Legislature
State House
Augusta, Maine 04333
Dear President Edmonds and Speaker Richardson:
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. 1980 Resolve, To Provide Influenza Immunization Agents to All Health Care Facilities in the State
We have also notified the sponsor and cosponsors of the Committee's action.
Sincerely,
S/Sen. Arthur F. Mayo, III
Senate Chair
S/Rep. Hannah Pingree
House Chair
READ and ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 427)
STATE OF MAINE
ONE HUNDRED AND TWENTY-SECOND LEGISLATURE
COMMITTEE ON INSURANCE AND FINANCIAL SERVICES
March 30, 2006
Honorable Beth Edmonds, President of the Senate
Honorable John Richardson, Speaker of the House
122nd Maine Legislature
State House
Augusta, Maine 04333
Dear President Edmonds and Speaker Richardson:
Pursuant to Joint Rule 310, we are writing to notify you that the Joint Standing Committee on Insurance and Financial Services has voted unanimously to report the following bill out "Ought Not to Pass":
L.D. 2059 An Act To Allow an Insured To Terminate Life Insurance Coverage under a Policy Owned by Another
We have also notified the sponsor and cosponsors of the Committee's action.
Sincerely,
S/Sen. Nancy B. Sullivan
Senate Chair
S/Rep. Anne C. Perry
House Chair
READ and ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 428)
STATE OF MAINE
ONE HUNDRED AND TWENTY-SECOND LEGISLATURE
COMMITTEE ON JUDICIARY
March 30, 2006
Honorable Beth Edmonds, President of the Senate
Honorable John Richardson, Speaker of the House
122nd Maine Legislature
State House
Augusta, Maine 04333
Dear President Edmonds and Speaker Richardson:
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. 986 An Act To Amend the Maine Revised Uniform Limited Partnership Act
L.D. 1297 An Act To Provide Just Compensation for Established Businesses During Eminent Domain Proceedings
L.D. 1646 An Act Regarding Buildings on Leased Lots
We have also notified the sponsors and cosponsors of each bill listed of the Committee's action.
Sincerely,
S/Sen. Barry J. Hobbins
Senate Chair
S/Rep. Deborah Simpson
House Chair
READ and ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 429)
STATE OF MAINE
ONE HUNDRED AND TWENTY-SECOND LEGISLATURE
COMMITTEE ON STATE AND LOCAL GOVERNMENT
March 30, 2006
Honorable Beth Edmonds, President of the Senate
Honorable John Richardson, Speaker of the House
122nd Maine Legislature
State House
Augusta, Maine 04333
Dear President Edmonds and Speaker Richardson:
Pursuant to Joint Rule 310, we are writing to notify you that the Joint Standing Committee on State and Local Government has voted unanimously to report the following bill out "Ought Not to Pass":
L.D. 2024 An Act To Implement Recommendations of the Study Commission Regarding Liveable Wages Concerning the State Contracting Process
We have also notified the sponsor and cosponsors of the Committee's action.
Sincerely,
S/Sen. Elizabeth M. Schneider
Senate Chair
S/Rep. Christopher R. Barstow
House Chair
READ and ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 430)
STATE OF MAINE
ONE HUNDRED AND TWENTY-SECOND LEGISLATURE
COMMITTEE ON TAXATION
March 30, 2006
Honorable Beth Edmonds, President of the Senate
Honorable John Richardson, Speaker of the House
122nd Maine Legislature
State House
Augusta, Maine 04333
Dear President Edmonds and Speaker Richardson:
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. 2053 An Act To Simplify and Relieve Personal Property Taxes for Small Businesses
We have also notified the sponsor and cosponsors of the Committee's action.
Sincerely,
S/Sen. Joseph C. Perry
Senate Chair
S/Rep. Richard G. Woodbury
House Chair
READ and ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 432)
STATE OF MAINE
ONE HUNDRED AND TWENTY-SECOND LEGISLATURE
COMMITTEE ON HEALTH AND HUMAN SERVICES
April 4, 2006
Honorable Beth Edmonds, President of the Senate
Honorable John Richardson, Speaker of the House
122nd Maine Legislature
State House
Augusta, Maine 04333
Dear President Edmonds and Speaker Richardson:
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. 2022 An Act To Implement Recommendations of the Study Commission Regarding Liveable Wages Concerning Subsidized Child Care
We have also notified the sponsor and cosponsors of the Committee's action.
Sincerely,
S/Sen. Arthur F. Mayo, III
Senate Chair
S/Rep. Hannah Pingree
House Chair
READ and ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 433)
STATE OF MAINE
ONE HUNDRED AND TWENTY-SECOND LEGISLATURE
COMMITTEE ON STATE AND LOCAL GOVERNMENT
April 4, 2006
Honorable Beth Edmonds, President of the Senate
Honorable John Richardson, Speaker of the House
122nd Maine Legislature
State House
Augusta, Maine 04333
Dear President Edmonds and Speaker Richardson:
Pursuant to Joint Rule 310, we are writing to notify you that the Joint Standing Committee on State and Local Government has voted unanimously to report the following bill out "Ought Not to Pass":
L.D. 1882 An Act To Expand the Auditing Powers of the Department of Audit and To Clarify the Confidentiality of Audit Working Papers and Information
We have also notified the sponsor and cosponsors of the Committee's action.
Sincerely,
S/Sen. Elizabeth M. Schneider
Senate Chair
S/Rep. Christopher R. Barstow
House Chair
READ and ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 434)
STATE OF MAINE
ONE HUNDRED AND TWENTY-SECOND LEGISLATURE
COMMITTEE ON TAXATION
April 4, 2006
Honorable Beth Edmonds, President of the Senate
Honorable John Richardson, Speaker of the House
122nd Maine Legislature
State House
Augusta, Maine 04333
Dear President Edmonds and Speaker Richardson:
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. 1660 An Act To Reduce Income Taxes and Encourage Economic Growth in Maine
L.D. 1917 An Act To Establish Requirements and Standards for Health Savings Accounts for Small Businesses
L.D. 2079 An Act To Encourage the Preservation of Historic Structures
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. Richard G. Woodbury
House Chair
READ and ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 435)
STATE OF MAINE
ONE HUNDRED AND TWENTY-SECOND LEGISLATURE
COMMITTEE ON TRANSPORTATION
April 4, 2006
Honorable Beth Edmonds, President of the Senate
Honorable John Richardson, Speaker of the House
122nd Maine Legislature
State House
Augusta, Maine 04333
Dear President Edmonds and Speaker Richardson:
Pursuant to Joint Rule 310, we are writing to notify you that the Joint Standing Committee on Transportation has voted unanimously to report the following bill out "Ought Not to Pass":
L.D. 510 An Act Concerning Dismantling of Railroad Track
We have also notified the sponsor and cosponsors of the Committee's action.
Sincerely,
S/Sen. Dennis S. Damon
Senate Chair
S/Rep. Boyd P. Marley
House Chair
READ and ORDERED PLACED ON FILE.
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The Following Communication: (S.C. 601)
MAINE SENATE
122ND LEGISLATURE
OFFICE OF THE SECRETARY
April 3, 2006
Honorable John Richardson
Speaker of the House
2 State House Station
Augusta, ME 04333-0002
Dear Speaker Richardson:
In accordance with 3 M.R.S.A. §157 and Joint Rule 505 of the 122nd Maine Legislature, please be advised that the Senate today confirmed the following:
Upon the recommendation of the Committee on Business, Research and Economic Development, the nominations of:
Theodora J. Kalikow of Farmington for reappointment to the Finance Authority of Maine;
Edward A. Cormier of Minot for reappointment to the Maine Rural Development Authority;
Alain M. Ouellette of Fort Kent for reappointment to the Maine Rural Development Authority.
Upon the recommendation of the Committee on Education and Cultural Affairs, the nominations of:
Romy V. Spitz of Portland for reappointment to the School Board of the Governor Baxter School for the Deaf;
David R. Gaul of Damariscotta for reappointment to the School Board of the Governor Baxter School for the Deaf
Upon the recommendation of the Committee on State and Local Government, the nominations of:
James S. Henderson of Harpswell for reappointment as the State Archivist;
Bent Schlosser of Vassalboro for reappointment to the State Civil Service Appeals Board;
Nelson E. Durgin of Bangor for reappointment to the State Civil Service Appeals Board;
John R. Hanson of Bangor for reappointment to the State Civil Service Appeals Board;
Julie M. Armstrong of Cape Elizabeth for appointment to the State Civil Service Appeals Board
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
Resolve, To Provide Assistance to Heating Fuel Customers Who Enter into Prepaid Contracts That Are Not Honored
(H.P. 1492) (L.D. 2099)
Sponsored by Representative MARRACHÉ of Waterville.
Cosponsored by Senator GAGNON of Kennebec and Representatives: CANAVAN of Waterville, FINCH of Fairfield, FLETCHER of Winslow, MOODY of Manchester, SAVIELLO of Wilton, THOMPSON of China, Senators: COWGER of Kennebec, MITCHELL of Kennebec.
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 205.
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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SPECIAL SENTIMENT CALENDAR
In accordance with House Rule 519 and Joint Rule 213, the following items:
In Memory of:
the Honorable William M. Earle, of Damariscotta, former Member of the Maine House of Representatives during the 121st Legislature. Mr. Earle was born in Lisbon Falls and was a graduate of the University of Maine. He had a long career in education, teaching and coaching in several schools, including Hallowell, Old Town, Gardiner and Higgins Classical Institute in Charleston. In 1986 he earned a PhD in counseling and continued as a counselor and administrator. He served as chemical health coordinator for Union 51 in Richmond and Monmouth schools. Mr. Earle also served as an adult education director in Monmouth, Gardiner, at Mount View in Thorndike and at Oak Hill in Wales. His professional activities included membership on several boards, including appointment to the Governor's Substance Abuse Service Commission, where he served for 8 years. He was a member of the Maine Teacher's Association and the Maine Guidance Association, as well as several fraternal organizations. Before he retired, he moved to Damariscotta, where he became active in several groups and was elected to serve in the Maine State Legislature. He also served on the Damariscotta Board of Selectmen. He will be greatly missed and lovingly remembered by his family and his friends;