LEGISLATIVE RECORD - HOUSE, April 5, 2005
ONE HUNDRED AND TWENTY-SECOND LEGISLATURE
FIRST SPECIAL SESSION
2nd Legislative Day
Tuesday, April 5, 2005
The House met according to adjournment and was called to order by the Speaker.
Prayer by Reverend Terry Upcott, Bible Baptist Church, Lincoln.
National Anthem by Melissa Birch, Coopers Mills.
Pledge of Allegiance.
Doctor of the day, Buell Miller, M.D., Richmond.
The Journal of yesterday was read and approved.
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SENATE PAPERS
Bill "An Act To Appropriate Funds for the School Breakfast Program"
(S.P. 535) (L.D. 1540)
Came from the Senate, REFERRED to the Committee on APPROPRIATIONS AND FINANCIAL AFFAIRS and ordered printed.
REFERRED to the Committee on APPROPRIATIONS AND FINANCIAL AFFAIRS in concurrence.
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Resolve, To Allow School Administrative District 16 To Sell a School in Anticipation of Closure
(S.P. 529) (L.D. 1527)
Bill "An Act To Create a Graduate School of Biomedical Sciences at the University of Maine"
(S.P. 530) (L.D. 1528)
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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Bill "An Act To Amend the Laws Authorizing the Medical Use of Marijuana"
(S.P. 533) (L.D. 1538)
Bill "An Act Pertaining to Reporting of Prescription Drug Advertising Costs"
(S.P. 534) (L.D. 1539)
Bill "An Act Pertaining to Disclosure of Prescription Drug Prices" (EMERGENCY)
(S.P. 536) (L.D. 1541)
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.
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COMMUNICATIONS
The Following Communication: (H.C. 120)
STATE OF MAINE
ONE HUNDRED AND TWENTY-SECOND LEGISLATURE
COMMITTEE ON HEALTH AND HUMAN SERVICES
March 29, 2005
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 bills out "Ought Not to Pass":
L.D. 142 An Act To Protect Supplemental Security Income Benefits
L.D. 173 An Act To Limit Recertification of Nursing Facility Residents to One Regulatory Organization
L.D. 210 An Act To Allow Patients To Keep Medications upon Discharge from a Nursing Facility or Hospital
L.D. 246 An Act To Remove Certain Orthodontic Procedures from MaineCare Coverage
L.D. 343 An Act To Require That Health Care Providers Use Uniform Rates
L.D. 442 An Act To Provide Health Care Savings Accounts and Health Care Management in MaineCare
L.D. 458 Resolve, To Direct the Department of Health and Human Services To Establish a Procedure for the Timely Assessment of an Older Individual's Need for Mental Health Services
We have also notified the sponsors and cosponsors of each bill listed 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. 121)
STATE OF MAINE
ONE HUNDRED AND TWENTY-SECOND LEGISLATURE
COMMITTEE ON TRANSPORTATION
March 31, 2005
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 bills out "Ought Not to Pass":
L.D. 18 An Act To Require the Department of Transportation To Maintain the Morneault Road in Grand Isle
L.D. 153 An Act To Require Enforcement of the Low-emission Vehicle Program
L.D. 171 An Act To Allocate Funds To Erect a Bridge between Madawaska and Pelletier Island in St. Agatha
L.D. 439 An Act To Implement the Recommendations of the Commission To Study Public Health Concerning Alternative Roadways
L.D. 441 An Act To Change the Fine Structure for Overweight Hauling Vehicles
L.D. 511 Resolve, Directing the State Police, Commercial Vehicle Enforcement Division To Examine Enforcement Methods
L.D. 712 An Act To Reimburse the Town of St. Agatha and Other Towns in Category II for Costs Incurred in Erecting a Salt and Gravel Storage Shed as Mandated by the State
L.D. 733 An Act To Reward Veterans for Their Service
L.D. 735 An Act To Clarify Registration for Noncommercial Trucks and Registration Requirements for Nonresidents
L.D. 823 Resolve, To Allow for Seasonal Commercial Vehicle Registration
L.D. 911 An Act To Honor Air Force Veterans
L.D. 1146 An Act Regarding the Fines Imposed on Overweight Vehicles
We have also notified the sponsors and cosponsors of each bill listed of the Committee's action.
Sincerely,
S/Sen. Dennis 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. 141)
MAINE SENATE
122ND LEGISLATURE
OFFICE OF THE SECRETARY
April 4, 2005
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 nomination:
Upon the recommendation of the Committee on Business, Research and Economic Development, the nomination of John A. Sevigny of Portland for appointment to the Maine Housing Authority.
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
The following Bills were received, and upon the recommendation of the Committee on Reference of Bills were REFERRED to the following Committees, ordered printed and sent for concurrence:
BUSINESS, RESEARCH AND ECONOMIC DEVELOPMENT
Bill "An Act To Require Funeral Establishments To Counsel Next of Kin on Embalming"
(H.P. 1090) (L.D. 1549)
Sponsored by Representative BRYANT of Windham.
Cosponsored by Senator DIAMOND of Cumberland and Representatives: CEBRA of Naples, JACKSON of Fort Kent, LUNDEEN of Mars Hill, RICHARDSON of Carmel, SMITH of Monmouth, WEBSTER of Freeport, WHEELER of Kittery, Senator: BRYANT of Oxford.
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CRIMINAL JUSTICE AND PUBLIC SAFETY
Bill "An Act To Establish the Arsonist Registration Act"
(H.P. 1091) (L.D. 1550)
Sponsored by Representative MAZUREK of Rockland.
Cosponsored by Senator SAVAGE of Knox and Representatives: CROSBY of Topsham, HOGAN of Old Orchard Beach, MARLEY of Portland, PARADIS of Frenchville, PINGREE of North Haven, RECTOR of Thomaston, RICHARDSON of Warren, SAMPSON of Auburn.
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 205.
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SPECIAL SENTIMENT CALENDAR
In accordance with House Rule 519 and Joint Rule 213, the following item:
In Memory of:
Arthur M. Griffiths, of Monmouth, beloved husband of Lois, his wife of 56 years. Arthur's career took many different paths, including being headmaster at Limington Academy, proprietor of a feed store in Newport and a broadcaster at radio and television stations in Waterville and Lewiston. For 19 years he served as Director of the News Bureau at Bates College. He pursued a career in printing and publications at Twin City Printery in Lewiston and later founded the Monmouth Press. He was a well-known and caring citizen who took an active role in civic affairs, including the school committee, planning board, budget committee and appeals board. A gifted public speaker and accomplished parliamentarian, he enjoyed presiding over special town meetings, the Cochnewagan Agricultural Association, the Arnold Expedition Historical Society, the Maine Old Cemetery Association, the Monmouth Historical Society and he also served on the board of trustees of the Maine Genealogical Society. Arthur was a 32nd degree Mason and was Past Master of Rabboni Lodge #150 in Lewiston. He was editor of "The Maine Mason" and president of the Androscoggin Valley Square and Compass Club for many years. He pursued many interests including woodworking, photography, computers and sailing. Arthur proudly devoted his professional and personal energies for the betterment of citizens in his community and State and he will be fondly remembered by his loving family and many friends;
(HLS 365)
Presented by Representative SMITH of Monmouth.
Cosponsored by Senator COWGER of Kennebec.
On OBJECTION of Representative SMITH of Monmouth, was REMOVED from the Special Sentiment Calendar.
READ.
The SPEAKER: The Chair recognizes the Representative from Monmouth, Representative Smith.
Representative SMITH: Mr. Speaker, Men and Women of the House. There isn't a lot I can add to the memoriam you just heard. I do believe there is value in taking time to note the passing of someone like Arthur Griffiths. Arthur was one of those steady quiet gentlemen who makes a town your hometown and who truly made Monmouth a genuine community. He will be sorely missed. Thank you Mr. Speaker.
Subsequently, the Sentiment was ADOPTED and sent for concurrence.
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REPORTS OF COMMITTEE
Divided Report
Majority Report of the Committee on NATURAL RESOURCES reporting Refer to the Committee on Judiciary on Bill "An Act To Prohibit Changing the Flow of Water on Another's Land"
(S.P. 271) (L.D. 816)
Signed:
Senators:
COWGER of Kennebec
SNOWE-MELLO of Androscoggin
Representatives:
KOFFMAN of Bar Harbor
JOY of Crystal
THOMPSON of China
ANNIS of Dover-Foxcroft
EBERLE of South Portland
DAIGLE of Arundel
SAVIELLO of Wilton
DUCHESNE of Hudson
Minority Report of the same Committee reporting Ought Not to Pass on same Bill.
Signed:
Representative:
TWOMEY of Biddeford
Came from the Senate with the Majority REFER TO COMMITTEE Report READ and ACCEPTED and the Bill REFERRED to the Committee on JUDICIARY.
READ.
Representative KOFFMAN of Bar Harbor, moved the Majority REFER TO COMMITTEE Report.
The SPEAKER: The Chair recognizes the Representative from Biddeford, Representative Twomey.
Representative TWOMEY: Mr. Speaker, Ladies and Gentlemen of the House. I'm not going to battle over this, I just want everybody to know why I'm out there alone. I just want you to know that after hearing this bill, after being on the city council for six years, I really feel this is a local issue, and I don’t think it should have been sent to Judiciary. I think that when Judiciary hears it they will agree so that’s why I went out and said Ought Not to Pass.
Subsequently, the Majority REFER TO COMMITTEE Report was ACCEPTED.
The Bill was REFERRED to the Committee on JUDICIARY in concurrence. ORDERED SENT FORTHWITH.
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Majority Report of the Committee on LABOR reporting Ought to Pass as Amended by Committee Amendment "A" (H-106) on Bill "An Act To Increase the Limit on the Right To Rejoin the Maine State Retirement System"
(H.P. 391) (L.D. 515)
Signed:
Senators:
STRIMLING of Cumberland
SNOWE-MELLO of Androscoggin
BARTLETT of Cumberland
Representatives:
SMITH of Van Buren
DRISCOLL of Westbrook
JACKSON of Fort Kent
HALL of Holden
HUTTON of Bowdoinham
DUPREY of Hampden
TUTTLE of Sanford
HAMPER of Oxford
CLARK of Millinocket
Minority Report of the same Committee reporting Ought Not to Pass on same Bill.
Signed:
Representative:
CRESSEY of Cornish
READ.
On motion of Representative SMITH of Van Buren, the Majority Ought to Pass as Amended Report was ACCEPTED.
The Bill was READ ONCE. Committee Amendment "A" (H-106) was READ by the Clerk and ADOPTED. The Bill was assigned for SECOND READING April 6, 2005.
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Majority Report of the Committee on MARINE RESOURCES reporting Ought Not to Pass on Bill "An Act To Enhance Community Support for Anadromous Fish Restoration"
(H.P. 462) (L.D. 629)
Signed:
Senators:
DAMON of Hancock
SULLIVAN of York
ANDREWS of York
Representatives:
DUGAY of Cherryfield
PERCY of Phippsburg
ASH of Belfast
EDER of Portland
ADAMS of Portland
Minority Report of the same Committee reporting Ought to Pass as Amended by Committee Amendment "A" (H-104) on same Bill.
Signed:
Representatives:
FLETCHER of Winslow
EMERY of Cutler
SEAVEY of Kennebunkport
CRESSEY of Cornish
KAELIN of Winterport
READ.
On motion of Representative PERCY of Phippsburg, the Majority Ought Not to Pass Report was ACCEPTED and sent for concurrence.
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Majority Report of the Committee on TAXATION reporting Ought to Pass as Amended by Committee Amendment "A" (H-109) on Bill "An Act To Provide Tax Incentives to Small Businesses That Employ At Least One Person"
(H.P. 446) (L.D. 613)
Signed:
Senator:
STRIMLING of Cumberland
Representatives:
HANLEY of Paris
CLARK of Millinocket
McCORMICK of West Gardiner
BIERMAN of Sorrento
HUTTON of Bowdoinham
SEAVEY of Kennebunkport
Minority Report of the same Committee reporting Ought Not to Pass on same Bill.
Signed:
Senators:
PERRY of Penobscot
COURTNEY of York
Representatives:
WOODBURY of Yarmouth
CLOUGH of Scarborough
PINEAU of Jay
WATSON of Bath
READ.
On motion of Representative WOODBURY of Yarmouth, the Bill was TABLED pending ACCEPTANCE of either Report and later today assigned.
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Majority Report of the Committee on TRANSPORTATION reporting Ought Not to Pass on Resolve, To Name Interstate 295 Ronald Reagan Memorial Highway
(H.P. 191) (L.D. 252)
Signed:
Senators:
DAMON of Hancock
SAVAGE of Knox
DIAMOND of Cumberland
Representatives:
MARLEY of Portland
FISHER of Brewer
PARADIS of Frenchville
SAMPSON of Auburn
HOGAN of Old Orchard Beach
MAZUREK of Rockland
McKENNEY of Cumberland
BROWNE of Vassalboro
Minority Report of the same Committee reporting Ought to Pass on same Resolve.
Signed:
Representatives:
COLLINS of Wells
THOMAS of Ripley
READ.
Representative MARLEY of Portland moved that the House ACCEPT the Majority Ought Not to Pass Report.
The SPEAKER: The Chair recognizes the Representative from Wells, Representative Collins.
Representative COLLINS: Thank you Mr. Speaker. Mr. Speaker, Ladies and Gentlemen of the House. As you will note on page 16 of your daily calendar, myself, yours truly, and the good Representative from Ripley Representative Thomas, voted in favor of this legislation. I would like to speak briefly to my reasons behind it. President Reagan - former President Reagan – who passed away last year was a well-respected leader of our nation. He was respected by all parties, all political persuasions. I felt as though, in commemoration of former President Reagan, we should somehow have some kind of significant observance of his being president. That was the reason why I voted in favor of the legislation. Mr. Speaker, although we are very busy today, I would request a roll call on this.