LEGISLATIVE RECORD - HOUSE, January 21, 2010
ONE HUNDRED AND TWENTY-FOURTH LEGISLATURE
SECOND REGULAR SESSION
6th Legislative Day
Thursday, January 21, 2010
The House met according to adjournment and was called to order by the Speaker.
Prayer by Reverend Kitsy Winthrop, First Parish Unitarian Universalist Church, Portland.
National Anthem by Madeleine LeBlanc, Lewiston.
Pledge of Allegiance.
Doctor of the day, Judith Chamberlain, M.D., Brunswick.
The Journal of Tuesday, January 19, 2010 was read and approved.
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SENATE PAPERS
Bill "An Act To Amend the Laws Governing County Jail Budgeting for York County"
(S.P. 668) (L.D. 1745)
Came from the Senate, REFERRED to the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY and ordered printed.
REFERRED to the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY in concurrence.
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Bill "An Act To Allow the Town of Wells and the Town of Ogunquit To Amend the Terms of Their Cost-sharing Agreement for Their Community School District and To Provide Each Town the Ability To Withdraw from the Wells-Ogunquit Community School District"
(S.P. 670) (L.D. 1747)
Came from the Senate, REFERRED to the Committee on EDUCATION AND CULTURAL AFFAIRS and ordered printed.
REFERRED to the Committee on EDUCATION AND CULTURAL AFFAIRS in concurrence.
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Pursuant to Statute
Maine Turnpike Authority
Report of the Maine Turnpike Authority pursuant to the Maine Revised Statutes, Title 23, section 1961, subsection 6 asks leave to report that the accompanying Bill "An Act To Make Allocations from Maine Turnpike Authority Funds for the Maine Turnpike Authority for the Calendar Year Ending December 31, 2011"
(S.P. 669) (L.D. 1746)
Be REFERRED to the Committee on TRANSPORTATION and printed pursuant to Joint Rule 218.
Came from the Senate, Report READ and ACCEPTED and the Bill REFERRED to the Committee on TRANSPORTATION and ordered printed pursuant to Joint Rule 218.
Report was READ and ACCEPTED and the Bill REFERRED to the Committee on TRANSPORTATION in concurrence.
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COMMUNICATIONS
The Following Communication: (H.C. 260)
Maine State Legislature
Office of Program Evaluation And
Government Accountability
January 14, 2010
The Honorable Elizabeth H. Mitchell, President of the Senate
and Members of the 124th Maine Senate
3 State House Station
Augusta, Maine 04333
The Honorable Hannah M. Pingree, Speaker of the House
and Members of the 124th House of Representatives
2 State House Station
Augusta, Maine 04333
Dear President Mitchell, Speaker Pingree and Members of the 124th Legislature:
In accordance with 3 MRSA §995.4, I respectfully submit OPEGA's Annual Report on Activities and Performance for 2009. This month marks the fifth anniversary of OPEGA's service to the Legislature as a non-partisan resource meant to provide support in overseeing and improving the performance of State government. Throughout those five years, the OPEGA staff and I have remained committed to being meaningful contributors to the practice of good government in the State of Maine.
This report illustrates where we stand on the performance measures related to the short-term objectives established in our Strategic Plan which was approved by the Government Oversight Committee and implemented by the Office in 2009. In addition, it includes other information on inputs, outputs and outcomes over the past five years that are important for assessing whether OPEGA's function has been a cost-beneficial use of State resources. Appendix C also provides some information specific to the individual reports released and recommendations made by OPEGA over the past five years - including the overall status of implementation, key results stemming from actions taken and fiscal impacts associated with identified issues and recommendations.
I am proud of the OPEGA staff and the contributions the Office has made to good government over the past five years. I hope that you and Maine's citizens will view our efforts and results as a worthwhile use of taxpayer dollars as we continue to increase our value to you in the years to come.
Sincerely,
S/Beth L. Ashcroft
Director
READ and with accompanying papers ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 261)
STATE OF MAINE
CLERK'S OFFICE
2 STATE HOUSE STATION
AUGUSTA, MAINE 04333
January 21, 2010
Honorable Hannah M. Pingree
Speaker of the House
2 State House Station
Augusta, Maine 04333
Dear Speaker Pingree:
Pursuant to Joint Rule 310, the following Joint Standing Committee has voted unanimously to report the following bills out "Ought Not to Pass":
Insurance and Financial Services
L.D. 257 An Act To Establish the Health Technology Clinical Committee
L.D. 1059 Resolve, To Enhance Health Care for Direct Care Workers
The sponsors and cosponsors have been notified of the Committee's action.
Sincerely,
S/Millicent M. MacFarland
Clerk of the House
READ and with accompanying papers ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 262)
STATE OF MAINE
OFFICE OF THE ATTORNEY GENERAL
6 STATE HOUSE STATION
AUGUSTA, MAINE 04333-0006
January 20, 2010
The Honorable Elizabeth H. Mitchell
Senate President
124th Maine Legislature
3 State House Station
Augusta, Maine 04333
The Honorable Hannah M. Pingree
Speaker of the House
124th Maine Legislature
2 State House Station
Augusta, Maine 04333
Re: Report of the Attorney General's Working Group on Human Trafficking
Dear President Mitchell and Speaker Pingree:
Pursuant to Chapter 684, Part F of the Public Laws of 2007, enclosed please find the Report of the Attorney General's Working Group in Human Trafficking to the Second Regular Session of the 124th Legislature. Twenty copies have been provided for use by the House and ten copies have been provided for use by the Senate.
Thank you for your consideration of these materials; please do not hesitate to call if you should have any questions in this regard.
Very truly yours,
S/Janet T. Mills
Attorney General
READ and with accompanying papers ORDERED PLACED ON FILE.
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The Following Communication: (S.P. 671)
STATE OF MAINE
124TH MAINE LEGISLATURE
January 14, 2010
Sen. Nancy B. Sullivan
Senate Chair, Joint Standing Committee on Legal and Veterans Affairs
Rep. Pamela Jabar Trinward
House Chair, Joint Standing Committee on Legal and Veterans Affairs
124th Legislature
Augusta, ME 04333
Dear Senator Sullivan and Representative Trinward:
Please be advised that Governor John E. Baldacci has nominated Orland McPherson of Eliot, Walter Simcock of Waterville and Michael Peters of Dixfield for reappointment to the Liquor and Lottery Commission.
Pursuant to Title 5 M.R.S.A. §283-A (1), these nominations will require review by the Joint Standing Committee on Legal and Veterans Affairs and confirmation by the Senate.
Sincerely,
S/Elizabeth H. Mitchell
President of the Senate
S/Hannah M. Pingree
Speaker of the House
Came from the Senate, READ and REFERRED to the Committee on LEGAL AND VETERANS AFFAIRS.
READ and REFERRED to the Committee on LEGAL AND VETERANS AFFAIRS in concurrence.
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PETITIONS, BILLS AND RESOLVES REQUIRING REFERENCE
Bill "An Act To Require the State To Pay the Costs of School Administration Consolidation"
(H.P. 1244) (L.D. 1750)
Sponsored by Representative CONNOR of Kennebunk.
Cosponsored by Senator HOBBINS of York and Representatives: CASAVANT of Biddeford, LOVEJOY of Portland, MILLER of Somerville, VALENTINO of Saco, WEBSTER of Freeport, Senator: WESTON of Waldo.
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 203.
Committee on EDUCATION AND CULTURAL AFFAIRS suggested and ordered printed.
REFERRED to the Committee on EDUCATION AND CULTURAL AFFAIRS and ordered printed.
Sent for concurrence.
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Pursuant to Statute
Department of Education
Representative SUTHERLAND 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 the Repeal of Chapter 182: Formula for Distribution of Funds to Child Development Services Regional Sites, a Major Substantive Rule That Has Been Provisionally Repealed by the Department of Education (EMERGENCY)
(H.P. 1245) (L.D. 1751)
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.
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Pursuant to Statute
Department of Education
Representative SUTHERLAND 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 the Repeal of Chapter 181: Child Development Services System: Regional Provider Advisory Boards, a Major Substantive Rule That Has Been Provisionally Repealed by the Department of Education (EMERGENCY)
(H.P. 1246) (L.D. 1752)
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.
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By unanimous consent, all matters having been acted upon were ORDERED SENT FORTHWITH.
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ORDERS
On motion of Representative WHEELER of Kittery, the following House Order: (H.O. 34)
ORDERED, that Representative Andrea M. Boland of Sanford be excused January 7 for personal reasons and January 12 for legislative business.
AND BE IT FURTHER ORDERED, that Representative Nancy E. Smith of Monmouth be excused January 14 for legislative business.
AND BE IT FURTHER ORDERED, that Representative Dianne Tilton of Harrington be excused January 7 and 12 for personal reasons.
READ and PASSED.
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SPECIAL SENTIMENT CALENDAR
In accordance with House Rule 519 and Joint Rule 213, the following item:
Recognizing:
Danny Lafayette, of Hermon, who is the recipient of a 2010 Governor's Conference on Tourism award for excellence in tourism. Mr. Lafayette was selected by his peers for his outstanding contribution to the tourism industry in the State through Lafayette Hotels. We extend our appreciation to Mr. Lafayette for his dedication to the State and congratulate him on his receiving this award;
(SLS 319)
On OBJECTION of Representative CUSHING of Hampden, was REMOVED from the Special Sentiment Calendar.
READ.
The SPEAKER: The Chair recognizes the Representative from Hampden, Representative Cushing.
Representative CUSHING: Thank you, Madam Speaker. Madam Speaker, Ladies and Gentlemen of the House. I rise today for the special pleasure of adding to the words of this sentiment presented by Senator Perry, who I have great respect for, but this gentleman happens to actually reside in the town of Hampden and has been a great benefactor to both the community and the state.
Mr. and Mrs. Lafayette own the Lafayette Hotel chain which has 27 properties located in Maine, New Hampshire and Michigan. Some of you may recognize in your communities the Fireside Inns, which are located in places like Auburn and Waterville and Bangor. Some of you may be familiar and have attended events at the Black Bear Conference Center. Many of you recognize that the Lafayette Hotel chain is a wonderfully run, Maine-based facility with properties up and down the coast. What you may not realize is that Danny and Carla are also good solid Maine individuals who employ many people in our communities and provide them with good opportunities either on a seasonal or a full-time basis. Through their generosity they also have donated $2 million to Eastern Maine's Cancer Cure of Maine program and have been major benefactors and supporters in the fundraising effort for that wonderful facility. I would certainly welcome you to come up to Bangor and see the quality of care that we've been able to provide to those suffering from cancer as the result of many generous people. I wanted today to rise and commend them. They are, to me, the epitome of what makes Maine great, as local community natives who have chosen to run businesses here and provide opportunities. Thank you for the opportunity to speak to this sentiment.
Subsequently, the Sentiment was PASSED in concurrence.
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REPORTS OF COMMITTEE
Ought to Pass Pursuant to Public Law
Representative PIEH for the Joint Standing Committee on Agriculture, Conservation and Forestry on Bill "An Act To Adjust the Milk Handling Fee" (EMERGENCY)
(H.P. 1247) (L.D. 1753)
Reporting Ought to Pass pursuant to Public Law 2009, chapter 213, Part TTT, section 9.
Report was READ and ACCEPTED.
The Bill READ ONCE.
Under suspension of the rules, the Bill was given its SECOND READING WITHOUT REFERENCE to the Committee on Bills in the Second Reading.
Under further suspension of the rules, the Bill was PASSED TO BE ENGROSSED and sent for concurrence. ORDERED SENT FORTHWITH.
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CONSENT CALENDAR
First Day
In accordance with House Rule 519, the following items appeared on the Consent Calendar for the First Day:
(S.P. 621) (L.D. 1656) Resolve, To Transfer the Ownership of the Bath Armory to the City of Bath Committee on LEGAL AND VETERANS AFFAIRS reporting Ought to Pass as Amended by Committee Amendment "A" (S-351)
(H.P. 1133) (L.D. 1606) Resolve, To Name a Bridge in North Berwick the North Berwick Veterans Memorial Bridge (EMERGENCY) Committee on TRANSPORTATION reporting Ought to Pass
There being no objections, the above items were ordered to appear on the Consent Calendar tomorrow under the listing of Second Day.
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CONSENT CALENDAR
Second Day
In accordance with House Rule 519, the following item appeared on the Consent Calendar for the Second Day:
(H.P. 1070) (L.D. 1521) Bill "An Act To Clarify the State's Initiative Involving the Federal Post-9/11 Veterans Educational Assistance Act of 2008" (EMERGENCY) (C. "A" H-586)
No objections having been noted at the end of the Second Legislative Day, the House Paper was PASSED TO BE ENGROSSED as Amended and sent for concurrence.
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By unanimous consent, all matters having been acted upon were ORDERED SENT FORTHWITH.
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The following items were taken up out of order by unanimous consent:
REPORTS OF COMMITTEE
Change of Committee
Representative TRINWARD from the Committee on LEGAL AND VETERANS AFFAIRS on Bill "An Act To Amend the Rights and Liabilities of the Supervisory Physician of a Physician Assistant"
(H.P. 1112) (L.D. 1574)
Reporting that it be REFERRED to the Committee on JUDICIARY.
Report was READ and ACCEPTED and the Bill REFERRED to the Committee on JUDICIARY.
Sent for concurrence.
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REPORTS OF COMMITTEE
Divided Report
Majority Report of the Committee on HEALTH AND HUMAN SERVICES reporting Ought to Pass as Amended by Committee Amendment "B" (H-588) on Bill "An Act To Fund the Screening and Early Detection Elements of the Statewide Cancer Plan"