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;