LEGISLATIVE RECORD - HOUSE, April 1, 2008

LEGISLATIVE RECORD - HOUSE, April 1, 2008

ONE HUNDRED AND TWENTY-THIRD LEGISLATURE

FIRST SPECIAL SESSION

1st Legislative Day

Tuesday, April 1, 2008

This being the day designated in the proclamation of the Governor for meeting of the One Hundred and Twenty-Third Legislature in extra session, the members of the House of Representatives were assembled in their hall at 10:00 in the morning and were called to Order by the Speaker.

Prayer by Reverend Peter B. Panagore, FirstRadioParishChurch of America.

Pledge of Allegiance.

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A roll call was taken. 134 out of 151 members answered to their names and accordingly the Chair declared a quorum present.

Those absent were:

Representative ADAMS ofPortland

Representative BARSTOW of Gorham

Representative BERUBE ofLisbon

Representative CANAVAN ofWaterville

Representative CONOVER of Oakland

Representative DUNN ofBangor

Representative EMERY of Cutler

Representative FISCHER of Presque Isle

Representative KAENRATH of South Portland

Representative LEWIN of Eliot

Representative MARLEY ofPortland

Representative MUSE of Fryeburg

Representative PENDLETON of Scarborough

Representative PRESCOTT of Topsham

Representative RAND of Portland

Representative SILSBY of Augusta

Representative WOODBURY ofYarmouth

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The Following Proclamation: (H.C. 495)

STATE OF MAINE

PROCLAMATION

WHEREAS, there exists in the State of Maine an extraordinary occasion arising out of the need to resolve many legislative matters pending at the time of the adjournment of the Second Regular Session of the 123rd Legislature of the State of Maine; and

WHEREAS, the public health, safety and welfare requires that the Legislature resolve these pending matters as soon as possible, and in any event prior to the date of the First Regular Session of the 124th Legislature of the State of Maine, including but not limited to pending legislation and pending nominations of state board and commission members by the Governor requiring legislative confirmation;

NOW, THEREFORE, I, JOHN ELIAS BALDACCI, Governor of the State of Maine, by virtue of the constitutional power vested in me as Governor pursuant to Article V, Part l, Section 13 of the Constitution of the State of Maine, convene the Legislature of this State, hereby requesting the Representatives to assemble at ten o'clock and the Senators to assemble at ten o'clock in the morning in their respective chambers at the Capitol in Augusta on Tuesday, April 1, 2008, in order to receive communications, resolve pending legislation carried over from the Second Regular Session of the 123rd Legislature and act upon pending nominations.

IN TESTIMONY WHEREOF, I have caused the Great Seal of the State to be hereunto affixed given under my hand at Augusta this thirty-first day of March in the year Two Thousand and Eight.

S/JOHN ELIAS BALDACCI

Governor

S/Matthew Dunlap

Secretary of State

READ and ORDERED PLACED ON FILE.

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ORDERS

On motion of Representative PINGREE of North Haven, the following House Order: (H.O. 43)

ORDERED, that a Committee of ten be appointed to wait upon His Excellency, Governor John E. Baldacci, and inform him that a quorum of the House of Representatives was assembled in the Hall of the House for the consideration of such business as may come before the House.

READ and PASSED.

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The Speaker appointed the following Members to the Committee to wait upon the Governor and inform him that a quorum of the members of the House of Representatives had assembled in the Hall of the House for the consideration of such business as may come before the House:

Representative FISCHER of Presque Isle

Representative CRAVEN of Lewiston

Representative MILLS of Farmington

Representative CAIN of Orono

Representative VALENTINO of Saco

Representative WEBSTER of Freeport

Representative MILLETT of Waterford

Representative FLOOD of Winthrop

Representative ROBINSON of Raymond

Representative GILES of Belfast

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A message was received from the Senate, borne by Senator Martin of Aroostook of that body, announcing a quorum present and that the Senate was ready to transact any business that might properly come before it.

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On motion of Representative FAIRCLOTH of Bangor, the following House Order: (H.O. 44)

ORDERED, that a message be conveyed to the Senate that a quorum of the House of Representatives was present for the consideration of such business as may come before the House.

READ and PASSED.

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The Speaker appointed Representative PINGREE of North Haven to inform the Senate that a quorum of the members of the House of Representatives had assembled in the Hall of the House for the consideration of such business as may come before the House.

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SENATE PAPERS

Non-Concurrent Matter

Resolve, To Direct a Review of Issues Concerning the Maine Tree Growth Tax Law

(H.P. 421) (L.D. 543)
(C. "A" H-656)

FINALLY PASSED in the House on January 31, 2008.

Came from the Senate PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-656) AS AMENDED BY SENATE AMENDMENT "A" (S-526) thereto in NON-CONCURRENCE.

The House voted to RECEDE AND CONCUR.

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Non-Concurrent Matter

Joint Order Directing the Joint Standing Committee on Health and Human Services to Report out, to the House, a Bill making technical corrections to the Law relating to flavored cigarettes and cigars

(H.P. 1640)

READ and PASSED in the House on March 26, 2008.

Came from the Senate INDEFINITELY POSTPONED in NON-CONCURRENCE.

On motion of Representative PERRY ofCalais, TABLED pending FURTHER CONSIDERATION and later today assigned.

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Subsequently, Representative PINGREE ofNorth Havenreported that she had delivered the message with which she was charged.

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Subsequently, Representative FISCHER of Presque Islereported that the Committee had delivered the message with which it was charged.

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Non-Concurrent Matter

Bill "An Act To Allow Road Associations To Determine Assessments According to Majority Vote Cast at a Duly Held Meeting"

(H.P. 1488) (L.D. 2102)

PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-818) in the House on March 31, 2008.

Came from the Senate PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-818) AS AMENDED BY SENATE AMENDMENT "A" (S-531) thereto in NON-CONCURRENCE.

The House voted to RECEDE AND CONCUR.

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COMMUNICATIONS

The Following Communication: (S.C. 725)

MAINE SENATE

123RD MAINE LEGISLATURE

OFFICE OF THE SECRETARY

March 31, 2008

Honorable Millicent M. MacFarland

Clerk of the House

2 State House Station

Augusta, ME04333

Dear Clerk MacFarland:

Please be advised the Senate today adhered to its previous action whereby it accepted Report "B" Ought Not to Pass from the Committee on Criminal Justice and Public Safety on Bill "An Act To Provide a Felony Penalty for Assault on a Firefighter" (H.P. 201) (L.D. 239).

Sincerely,

S/Joy J. O'Brien

Secretary of the Senate

READ and ORDERED PLACED ON FILE.

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The Following Communication: (S.C. 726)

MAINE SENATE

123RD MAINE LEGISLATURE

OFFICE OF THE SECRETARY

March 31, 2008

Honorable Glenn Cummings

Speaker of the House

2 State House Station

Augusta, ME04333-0002

Dear Speaker Cummings:

In accordance with 3 M.R.S.A. §158 and Joint Rule 506 of the 123rd Maine Legislature, please be advised that the Senate today confirmed the following nominations:

Upon the recommendation of the Committee on Education and Cultural Affairs, the nomination of Charles L. Sidman of Bar Harbor for appointment to the Maine School of Science and Mathematics, Board of Trustees.

Upon the recommendation of the Committee on Education and Cultural Affairs, the nomination of Susan J. Hunter of Orono for appointment to the Maine School of Science and Mathematics, Board of Trustees.

Sincerely,

S/Joy J. O'Brien

Secretary of the Senate

READ and ORDERED PLACED ON FILE.

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By unanimous consent, all matters having been acted upon were ORDERED SENT FORTHWITH.

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REPORTS OF COMMITTEE

Divided Reports

Majority Report of the Committee on LEGAL AND VETERANS AFFAIRS reporting Ought to Pass as Amended by Committee Amendment "A" (S-523) on Bill "An Act To Increase Public Confidence in Government by Expanding Public Disclosure"

(S.P. 838) (L.D. 2178)

Signed:

Senators:
MARRACHÉ of Kennebec
BRYANT of Oxford
PLOWMAN of Penobscot

Representatives:
MOORE of Standish
WEDDELL of Frankfort
BRYANT of Windham
NASS of Acton
PATRICK of Rumford
TRINWARD of Waterville
TUTTLE of Sanford
PINKHAM of LexingtonTownship
FITTS of Pittsfield

Minority Report of the same Committee reporting Ought to Pass as Amended by Committee Amendment "B" (S-524) on same Bill.

Signed:

Representative:
CAREY of Lewiston

Came from the Senate with the Majority OUGHT TO PASS AS AMENDED Report READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (S-523).

READ.

Representative PATRICK of Rumfordmoved that the House ACCEPT the Majority Ought to Pass as Amended Report.

On further motion of the same Representative, TABLED pending his motion to ACCEPT the Majority Ought to Pass as Amended Report and later today assigned.

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Majority Report of the Committee on MARINE RESOURCES reporting Ought to Pass as Amended by Committee Amendment "A" (S-505) on Bill "An Act To Restore Diadromous Fish in the St. Croix River" (EMERGENCY)

(S.P. 751) (L.D. 1957)

Signed:

Senators:
DAMON of Hancock
SNOWE-MELLO of Androscoggin

Representatives:
RICHARDSON of Warren
PENDLETON of Scarborough
EATON of Sullivan
FLETCHER of Winslow
MacDONALD of Boothbay
McDONOUGH of Scarborough
PERCY of Phippsburg
MAZUREK of Rockland
EMERY of Cutler
ADAMS of Portland

Minority Report of the same Committee reporting Ought to Pass as Amended by Committee Amendment "B" (S-506) on same Bill.

Signed:

Senator:
DOW of Lincoln

Came from the Senate with the Majority OUGHT TO PASS AS AMENDED Report READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (S-505).

READ.

On motion of Representative PERCY of Phippsburg, the Majority Ought to Passas Amended Report was ACCEPTED.

The Bill was READ ONCE. Committee Amendment "A" (S-505) was READ by the Clerk and ADOPTED. The Bill was assigned for SECOND READINGWednesday, April 2, 2008.

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Majority Report of the Committee on EDUCATION AND CULTURAL AFFAIRS reporting Ought to Pass as Amended by Committee Amendment "A" (H-868) on Resolve, Regarding Legislative Review of Chapter 61: State Board of Education Rules for Major Capital School Construction Projects, a Major Substantive Rule of the Department of Education and the State Board of Education (EMERGENCY)

(H.P. 1503) (L.D. 2123)

Signed:

Representatives:
FINCH of Fairfield
MAKAS of Lewiston
FARRINGTON of Gorham
HARLOW of Portland
EDGECOMB of Caribou
McFADDEN of Dennysville
MUSE of Fryeburg

Minority Report of the same Committee reporting Ought to Pass as Amended by Committee Amendment "B" (H-869) on same Resolve.

Signed:

Senators:
BOWMAN of York
MITCHELL of Kennebec
MILLS of Somerset

Representatives:
NORTON of Bangor
SUTHERLAND of Chapman
STRANG BURGESS of Cumberland

READ.

On motion of Representative NORTON ofBangor, the Minority Ought to Passas Amended Report was ACCEPTED.

The Resolve was READ ONCE. Committee Amendment "B" (H-869) was READ by the Clerk and ADOPTED. The Resolve was assigned for SECOND READINGWednesday, April 2, 2008.

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Six Members of the Committee on TRANSPORTATION report in Report "A" Ought Not to Pass on Bill "An Act To Amend the Axle Weight Laws for Trucks Transporting Unprocessed Agricultural Products and Forest Products" (EMERGENCY)

(H.P. 1576) (L.D. 2209)

Signed:

Senators:
DAMON of Hancock
DIAMOND of Cumberland
SAVAGE of Knox

Representatives:
MARLEY of Portland
HOGAN of OldOrchardBeach
ROSEN of Bucksport

Five Members of the same Committee report in Report "B" Ought to Pass as Amended by Committee Amendment "A" (H-871) on same Bill.

Signed:

Representatives:
BROWNE of Vassalboro
MAZUREK of Rockland
THOMAS of Ripley
CEBRA of Naples
THERIAULT of Madawaska

Two Members of the same Committee report in Report "C" Ought to Pass as Amended by Committee Amendment "B" (H-872) on same Bill.

Signed:

Representatives:
FISHER of Brewer
PEOPLES of Westbrook

READ.

Representative HOGAN ofOldOrchardBeachmoved that the House ACCEPT Report "A" Ought Not to Pass.

The SPEAKER: The Chair recognizes the Representative from OldOrchardBeach, Representative Hogan.

Representative HOGAN: Thank you Mr. Speaker. Mr. Speaker, Ladies and Gentlemen of the House. This is a fairly contentious bill that came to our Committee of Transportation. It is about axle weights and fines and things of that nature, that may not be altogether interesting to a lot of people, but it is very important to us and to the State of Maine. It should be understood that Maine already offers a tolerance on weights, from 100 to 105 pounds; that is one point.

Another point, a major point, is that anytime you increase weight on trucks, you damage roads; you just cannot get away from it. We are in this posture in our state that damaging roads is fairly unacceptable to what is going on with our Highway Fund and our budgets. It is not as if we have not done a lot and I do have great sympathy for the truckers, I really do, but you know there has to be a point of understanding. For example, we have done an awful lot of them: LD 2155 temporarily lifted gross vehicle weight limits from 100,000 to 105,000 pounds; and LD 222 allows for early, better reimbursements on business equipment; LD 2225 provides for a sales tax exemption for repair of parts, maintenance, supplies used by vehicles engaged in the transport of harvested forest products; and yet to be passed, but it is certainly out there, is LD 2273, suspending requirements that regulate compensation for forest wood products.

Now another point that really has to be made in all this is that the fines that the truckers are talking about, Maine really is very fair in their fining. We had a report from the State Police Department that said that Maine's fines are equivalent, if not lower, than the rest of New England. When they got to the higher weights—that means you are way over axle—yes, they did increase, but that is a point.

Also, the lost of federal funds, that is mega millions. Some will say that is not in existence, but I have been assured by the commissioner that more than likely there will be a tremendous loss in fines. So those are some of the things that should be considered. Again, I apologize for being on the other side from my good friend from Rockland, who you know we get along very well, but that is the way life goes, right?

The SPEAKER: The Chair recognizes the Representative from Rockland, Representative Mazurek.

Representative MAZUREK: Thank you Mr. Speaker. Mr. Speaker, Ladies and Gentlemen of the House. I urge you not to support the bill, the Ought Not to Pass, because the truckers in the State of Maine right now are in a crisis situation, and I am talking about all truckers, not just loggers, not just potato farmers, but truckers of all types. They are paying over $4 a gallon for diesel. We saw the other day, last week; we saw that a trucker had to give up three of this trucks and layoff 10 or 12 of his people. This is happening throughout the State of Maine today. Yes, trucks are heavy; yes, they do damage on the road. But without trucks, there would be no roads, there would be no goods shipped, there would be nothing. So I am asking you to please take a look and find out what this bill really does. I think we have to help the trucking industry today, they are in desperate need.

Regarding the fines: Yes, Maine does have very low fines, but those fines are never applied, because the way the formula works the truckers get hit for the highest possible fines, almost every single time. They do not get a fine of $70 or $80; they fined $2,000; $3,000; $4,000. That is a big hit on somebody who barely gets enough profit to barely keep himself above water, and to try to feed his family on. How would you like to drive here, on the way to your house get stopped by the police, and all of the sudden pay a $4,000 fine because your luggage in your truck is not properly weighted right, because as you put it in, you hit a few potholes, it shifted on you, and now you got hit for it. That is what happens to these truckers. You load up a dirt truck full of sand or gravel, you are driving down the road and you get hit with a thunderstorm, you get a deluge of water. All of the sudden that truckload is added a lot of weight to it, you get stopped and all of the sudden you are overweight, over no harm done by the driver, out of his control. So please, let's defeat the Ought Not to Pass, and let's look for something else. As far as the federal loss of money, I believe there is going to be an amendment coming forth on that. Thank you.

Representative THOMAS of RipleyREQUESTED a roll call on the motion to ACCEPT Report "A" Ought Not to Pass.

More than one-fifth of the members present expressed a desire for a roll call which was ordered.

The SPEAKER: The Chair recognizes the Representative from Ripley, Representative Thomas.

Representative THOMAS: Thank you Mr. Speaker. Mr. Speaker, Ladies and Gentlemen of the House. First of all, let me say this bill does not increase the weight that any truck will be allowed to haul. The weight laws stay exactly the same. What this bill does is it corrects an unfairness, an unfairness that has been in truck laws for years and years and years. What it does is if a truck is within its legal gross weight, then he does not have to pay an axle weight fine. When trucks go to the woods to load logs, they can tell within some degree of what the gross weight is; you cannot tell what the axle weight is. I do not care how long you have been doing this, and I do not care how many trucks you have loaded, you can try to be as honest as you can and you are still going to get over axle once in awhile. When people are doing the best that they can to obey the law, and then get fined $1,500, $1,800, is that what we want to do? Is that the way we encourage people to obey the law? When they are trying, we smack them down with thousands of dollars worth of fines; it does not seem like it to me. As a matter of fact, I think if we correct this unfairness, we will see fewer overloaded trucks because there will be more incentive to go legal. We will take away that disincentive, and we will actually see less damage to our roads.