LEGISLATIVE RECORD - HOUSE, June 12, 2007

LEGISLATIVE RECORD - HOUSE, June 12, 2007

ONE HUNDRED AND TWENTY-THIRD LEGISLATURE

FIRST REGULAR SESSION

55th Legislative Day

Tuesday, June 12, 2007

The House met according to adjournment and was called to order by the Speaker.

Prayer by Chaplain Marilee Temple-Harris, Brunswick.

National Anthem by Hope Logan, BoothbayHarbor.

Pledge of Allegiance.

The Journal of yesterday was read and approved.

______

Under suspension of the rules, members were allowed to remove their jackets.

______

SPECIAL SENTIMENT CALENDAR

In accordance with House Rule 519 and Joint Rule 213, the following items:

Recognizing:

Sergeant Conan Marchi, of Kittery, who has returned home from active duty with the 136th Infantry Division stationed in Iraq. We have been blessed with generations of men and women like Sergeant Marchi who have stepped forward to fight for the security of this nation so that we might continue to enjoy liberty and freedom. We join citizens throughout the State in welcoming Sergeant Marchi home and in extending our appreciation to him for his commitment to the United States military;

(HLS 565)

Presented by Representative WHEELER of Kittery.

Cosponsored by Representative HILL of York, Senator BOWMAN of York.

On OBJECTION of Representative WHEELER ofKittery, was REMOVED from the Special Sentiment Calendar.

READ.

The SPEAKER: The Chair recognizes the Representative from Kittery, Representative Wheeler.

Representative WHEELER: Thank you Mr. Speaker. Mr. Speaker, Ladies and Gentlemen of the House. Mr. Speaker, I would like to take a moment right now to recognize the incredible service that Sergeant Marchi had given to this country.

Sergeant Marchi enlisted in the Army after high school, which had been a dream for many years prior. He reenlisted in the Army after September 11. While serving as a Sergeant, Marchi was leading his squad on a mission in the small Iraq city of Hit, when he was hit by enemy fire.

Ladies and Gentlemen of the House, it is a testament to this young man's strength that he is sitting here in the gallery. Sergeant Marchi underwent 18 surgeries and a month of rehab after his injuries. I have been told that his pelvis was shattered by enemy fire, that many believed he would be paralyzed from the injury.

I served in World War II and my generation had been called "the greatest generation." As a member of that generation, I can say that I look forward to the future with great optimism, because of the bravery and partisan shown by young men like Sergeant Marchi. For his bravery, Sergeant Marchi received the Purple Heart. I am so happy that we have Sergeant Marchi with us today. He is a model of selflessness. He is a heroic citizen that we should all strive to be. Thank you, Mr. Speaker.

Subsequently, the Sentiment was PASSED and sent for concurrence.

______

Recognizing:

Richard Marchi, principal of the Great Salt Bay Community School in Damariscotta, on the occasion of his retirement after almost 30 years of dedicated service to the community. Mr. Marchi started as principal on August 1, 1978 and has worked with at-risk students and with the Maine Principals' Association to work on truancy prevention programs for the junior high school level. He has been a constant supporter of the faculty and staff, as well as the students, and is considered a leader with great warmth and insight. We acknowledge his exemplary career in education and we send him our congratulations and best wishes to him on his retirement;

(HLS 566)

Presented by Representative PIEH of Bremen.

Cosponsored by Representative McKANE of Newcastle, Senator DOW of Lincoln.

On OBJECTION of Representative PIEH of Bremen, was REMOVED from the Special Sentiment Calendar.

READ.

The SPEAKER: The Chair recognizes the Representative from Bremen, Representative Pieh.

Representative PIEH: Thank you Mr. Speaker. Mr. Speaker, Men and Women of the House. Dick Marchi is one special person. If you have a chance to meet him, you see alight in his eye and you know why: Over many, many years, GreatSaltBay was called a flagship school in our area. He took it through renovations, and trailers, and rebuilds, and creations, and has stuck with it through all of this time in a wonderful way that has inspired all of us. I knew Dick as a school board member myself, and as a friend as well.

Our school in Bremen had a hard time finding another school to accept us, as our enrollment was dwindling, and when we did move in and join Great Salt Bay CSD, it is no surprise to me, that our population of children has continued now to expand every year. This is a school that does not lose its population like many schools do over the years, it gains population every single year, and it is because of Dick. He is just an amazing man. He has been offered jobs in other places and asked, "Why don't you move up? You are so wonderful," and he said, "No, my place is here in my school with my children."

When my niece and nephew, twins, came from Austin, Texas, and I brought them in to look around the school, my nephew decided to put on a power pout because he was not interested, and all of you who have children know what a power pout is. Dick just ignored it and by the end, my nephew was talking baseball and computers and math class, and very excited about coming; and again, it is thanks to Dick. I just want to rise and commend him on his amazing service to our community. Thank you.

The SPEAKER: The Chair recognizes the Representative from Newcastle, Representative McKane.

Representative McKANE: Thank you, Mr. Speaker. I was a little slow on the uptake, but I did want to say a few words about our principal.

It was back in 1980 or 81; we had a brand new school in Damariscotta and a relatively new principal. It was also the year that my son was enrolled in kindergarten—I do not want to make Mr. Marchi feel old, but he now is married, and has a daughter and one on the way. But Dick's commitment to that school, to his students, to his staff, is what really made that school, gave it the great reputation that it has and why its enrollment keeps increasing. I just wanted to add my personal thanks, also. Thank, Mr. Speaker.

Subsequently, the Sentiment was PASSED and sent for concurrence.

______

Recognizing:

Jarrett Lukas, a student at OldTownHigh School, who has been named the 2006-2007 Gatorade Maine Baseball Player of the Year. A senior captain of the team, Jarrett is a pitcher-shortstop for the Coyotes. He has maintained a 94.8 academic average and serves as a volunteer peer mentor at the local elementary school. Jarrett is also a teaching assistant for special-needs students at his high school. We extend our congratulations to Jarrett on his receiving this well-deserved award, and we send him our best wishes on his future endeavors;

(HLS 573)

Presented by Representative BLANCHARD of OldTown.

Cosponsored by Senator SCHNEIDER of Penobscot.

On OBJECTION of Representative BLANCHARD of Old Town, was REMOVED from the Special Sentiment Calendar.

READ.

The SPEAKER: The Chair recognizes the Representative from OldTown, Representative Blanchard.

Representative BLANCHARD: Thank you Mr. Speaker. Mr. Speaker, Ladies and Gentlemen of the House. It is a great privilege for me to speak about this young man from my hometown of Old Town, Maine. This young man is not just a good athlete, and a baseball player, but also a great student, and a young man that is respected by his fellow students and all, and most of the teachers at OldTownHigh School and in the elementary system.

Jarrett has a kindness about him that as peer mentor in the elementary school system, the students look forward to having him show up and the days that he does not appear, there seems to be a little bit of a lull according to my daughter.

We, the people of Old Town, and the parents, especially his parents and grandparents, are especially proud of what his accomplishments have been, and we wish him continued success as a baseball player at the University of Maine. Our best to you, Jarrett, and all that you will do in the future.

Subsequently, the Sentiment was PASSED and sent for concurrence.

______

REPORTS OF COMMITTEE

Ought to Pass Pursuant to Statute

Representative SIMPSON for the Joint Standing Committee on Judiciary on Bill "An Act To Implement the Recommendations of the Right To Know Advisory Committee Creating the Public Access Ombudsman"

(H.P. 1361) (L.D. 1923)

Reporting Ought to Pass pursuant to the Maine Revised Statutes, Title 1, section 411, subsection 6, paragraph G.

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.

______

Divided Reports

Majority Report of the Committee on EDUCATION AND CULTURAL AFFAIRS reporting Ought Not to Pass on Bill "An Act To Further the Implementation of the Essential Programs and Services Funding Act"

(H.P. 1282) (L.D. 1839)

Signed:

Senators:
BOWMAN of York
MITCHELL of Kennebec
MILLS of Somerset

Representatives:
NORTON of Bangor
FARRINGTON of Gorham
HARLOW of Portland
SUTHERLAND of Chapman
STRANG BURGESS of Cumberland

Minority Report of the same Committee reporting Ought to Pass as Amended by Committee Amendment "A" (H-469) on same Bill.

Signed:

Representatives:
FINCH of Fairfield
MAKAS of Lewiston
EDGECOMB of Caribou
McFADDEN of Dennysville
MUSE of Fryeburg

READ.

Representative NORTON ofBangor moved that the House ACCEPT the Majority Ought Not to Pass Report.

Representative EDGECOMB of CaribouREQUESTED a roll call on the motion to ACCEPT the Majority Ought Not to Pass Report.

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

The SPEAKER: A roll call has been ordered. The pending question before the House is Acceptance of the Majority Ought Not to Pass Report. All those in favor will vote yes, those opposed will vote no.

ROLL CALLNO. 133

YEA - Adams, Barstow, Beaudette, Beaudoin, Berry, Blanchard, Blanchette, Bliss, Boland, Brautigam, Bryant, Burns, Cain, Canavan, Carter, Casavant, Cleary, Connor, Conover, Craven, Crockett, Dill, Driscoll, Duchesne, Eaton, Eberle, Faircloth, Farrington, Fisher, Flood, Gerzofsky, Grose, HanleyS, Harlow, Haskell, Hayes, Hill, Hinck, Hogan, Kaenrath, Koffman, MacDonald, Makas, Marean, Marley, Mazurek, McDonough, Miller, Millett, Mills, Miramant, Norton, Patrick, Pendleton, Peoples, Percy, Perry, Pieh, Pilon, Pineau, Pingree, Piotti, Pratt, Priest, Rines, Robinson, Samson, Silsby, Simpson, Sirois, SmithN, StrangBurgess, Sutherland, Theriault, Treat, Trinward, Tuttle, Valentino, Wagner, Walcott, Watson, Webster, Weddell, Wheeler, Woodbury, Mr. Speaker.

NAY - Annis, Austin, Ayotte, Babbidge, Beaulieu, Berube, BrowneW, Campbell, Cebra, Chase, Clark, Cotta, Cray, Crosthwaite, Curtis, Duprey, Edgecomb, Emery, Finch, Finley, Fitts, Fletcher, Giles, Gould, Hamper, Hotham, Jacobsen, Joy, Knight, Lundeen, McFadden, McKane, McLeod, Moore, Muse, Nass, Pinkham, Plummer, Prescott, Rector, RichardsonD, RichardsonW, Rosen, Savage, Saviello, Schatz, Sykes, Tardy, Thibodeau, Vaughan, Walker, Weaver.

ABSENT - Cressey, Dunn, Fischer, Gifford, Greeley, Jackson, Lansley, Lewin, Rand, RichardsonE, Thomas, Tibbetts.

Yes, 86; No, 52; Absent, 12; Vacant, 1; Excused, 0.

86 having voted in the affirmative and 52 voted in the negative,1 vacancy with 12 being absent, and accordingly the

Majority Ought Not to Pass Report was ACCEPTED and sent for concurrence.

______

Majority Report of the Committee on HEALTH AND HUMAN SERVICES reporting Ought to Pass as Amended by Committee Amendment "A" (H-519) on Resolve, To Establish the Work Group To Review and Recommend Improvements for the Certificate of Need Program

(H.P. 1060) (L.D. 1535)

Signed:

Senators:
BRANNIGAN of Cumberland
MARRACHÉ of Kennebec
RAYE of Washington

Representatives:
PERRY of Calais
WALCOTT of Lewiston
GROSE of Woolwich
MILLER of Somerville
BEAUDOIN of Biddeford
CONNOR of Kennebunk
CAMPBELL of Newfield
FINLEY of Skowhegan

Minority Report of the same Committee reporting Ought Not to Pass on same Resolve.

Signed:

Representatives:
WALKER of Lincolnville
LEWIN of Eliot

READ.

On motion of Representative PERRY ofCalais, the Majority Ought to Passas Amended Report was ACCEPTED.

The Resolve was READ ONCE. Committee Amendment "A" (H-519) was READ by the Clerk.

On motion of Representative PINGREE ofNorth Haven, TABLED pending ADOPTION of Committee Amendment "A" (H-519) and later today assigned.

______

Majority Report of the Committee on INSURANCE AND FINANCIAL SERVICES reporting Ought to Pass as Amended by Committee Amendment "A" (H-513) on Resolve, To Explore the Feasibility of Enrolling the Legislature as an Employer Group in Dirigo Health

(H.P. 1093) (L.D. 1568)

Signed:

Senators:
SULLIVAN of York
SNOWE-MELLO of Androscoggin
BOWMAN of York

Representatives:
BRAUTIGAM of Falmouth
CANAVAN of Waterville
CROCKETT of Augusta
VAUGHAN of Durham
TREAT of Farmingdale
SAVAGE of Falmouth
CONOVER of Oakland
PRIEST of Brunswick

Minority Report of the same Committee reporting Ought Not to Pass on same Resolve.

Signed:

Representatives:
RICHARDSON of Warren
McKANE of Newcastle

READ.

On motion of Representative BRAUTIGAM ofFalmouth, the Majority Ought to Passas Amended Report was ACCEPTED.

The Resolve was READ ONCE. Committee Amendment "A" (H-513) was READ by the Clerk and ADOPTED.

Under suspension of the rules, the Resolve was given its SECOND READING WITHOUT REFERENCE to the Committee on Bills in the Second Reading.

Under further suspension of the rules, the Resolve was PASSED TO BE ENGROSSEDas Amended by Committee Amendment "A" (H-513) and sent for concurrence.

______

Majority Report of the Committee on INSURANCE AND FINANCIAL SERVICES reporting Ought Not to Pass on Bill "An Act To Establish a Health Care Bill of Rights"

(H.P. 912) (L.D. 1294)

Signed:

Senators:
SULLIVAN of York
SNOWE-MELLO of Androscoggin
BOWMAN of York

Representatives:
VAUGHAN of Durham
RICHARDSON of Warren
McKANE of Newcastle
SAVAGE of Falmouth

Minority Report of the same Committee reporting Ought to Pass as Amended by Committee Amendment "A" (H-512) on same Bill.

Signed:

Representatives:
BRAUTIGAM of Falmouth
CANAVAN of Waterville
CROCKETT of Augusta
TREAT of Farmingdale
CONOVER of Oakland
PRIEST of Brunswick

READ.

On motion of Representative BRAUTIGAM ofFalmouth, TABLED pending ACCEPTANCE of either Report and later today assigned.

______

CONSENT CALENDAR

First Day

In accordance with House Rule 519, the following items appeared on the Consent Calendar for the First Day:

(H.P. 597) (L.D. 781) Bill "An Act Making Unified Highway Fund and Other Funds Allocations for the Expenditures of State Government and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2008 and June 30, 2009" (EMERGENCY) Committee on TRANSPORTATION reporting

Ought to Pass as Amended by Committee Amendment "A" (H-545)

(H.P. 605) (L.D. 789) Bill "An Act To Decrease the Excise Tax Imposed on Motor Vehicles" Committee on TAXATION reporting Ought to Pass as Amended by Committee Amendment "A" (H-524)

(H.P. 625) (L.D. 828) Bill "An Act To Change the Process for Applying for Reimbursement of Fuel Taxes" Committee on TAXATION reporting Ought to Pass as Amended by Committee Amendment "A" (H-525)

(H.P. 654) (L.D. 865) Bill "An Act To Reduce the Cost of Hunting and Fishing Licenses for Certain Veterans and Members of the Military Service" Committee on INLAND FISHERIES AND WILDLIFE reporting Ought to Pass as Amended by Committee Amendment "A" (H-540)

(H.P. 782) (L.D. 1064) Bill "An Act To Increase Funding To Support Research and Development in the University of Maine System" Committee on BUSINESS, RESEARCH AND ECONOMIC DEVELOPMENT reporting Ought to Pass as Amended by Committee Amendment "A" (H-529)

(H.P. 863) (L.D. 1182) Bill "An Act To Enable the Creation of Tax Increment Financing Districts for Arts Districts" Committee on TAXATION reporting Ought to Pass as Amended by Committee Amendment "A" (H-534)

(H.P. 1069) (L.D. 1544) Bill "An Act To Enact the Home Care Consumer and Worker Protection Act" Committee on LABOR reporting Ought to Pass as Amended by Committee Amendment "A" (H-535)

(H.P. 1190) (L.D. 1707) Bill "An Act To Require Municipalities To Enforce the Collection of the State Excise Tax on Motor Vehicles, Watercraft and Certain Recreational Vehicles Owned by Maine Residents Registered Outside the State" Committee on TAXATION reporting Ought to Pass as Amended by Committee Amendment "A" (H-526)

(H.P. 1270) (L.D. 1822) Bill "An Act To Implement the Recommendations of the Right To Know Advisory Committee" Committee on JUDICIARY reporting Ought to Pass as Amended by Committee Amendment "A" (H-536)

(H.P. 1332) (L.D. 1899) Bill "An Act To Include Institutions Providing an Educational Program among Entities Eligible To Borrow from the Maine Health and Higher Educational Facilities Authority" Committee on HEALTH AND HUMAN SERVICES reporting Ought to Pass as Amended by Committee Amendment "A" (H-533)

Under suspension of the rules, Second Day Consent Calendar notification was given.

There being no objection, the House Papers were PASSED TO BE ENGROSSED as Amended and sent for concurrence.

______

ENACTORS

Emergency Measure

Resolve, To Establish a Working Group To Study the Effectiveness and Timeliness of Early Identification and Intervention for Children with Hearing Loss in Maine

(H.P. 881) (L.D. 1239)
(C. "A" H-365)

Was reported by the Committee on Engrossed Bills as truly and strictly engrossed.

On motion of RepresentativePERRY ofCalais, TABLED pending FINAL PASSAGE and later today assigned.

______

The following items were taken up out of order by unanimous consent:

REPORTS OF COMMITTEE

Divided Report

Majority Report of the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY reporting Ought Not to Pass on Bill "An Act To Reduce Maine's Property Tax Burden by Funding County Jails"

(H.P. 481) (L.D. 632)

Signed:

Senators:
DIAMOND of Cumberland
McCORMICK of Kennebec
SHERMAN of Aroostook

Representatives:
GERZOFSKY of Brunswick
BLANCHETTE of Bangor
HASKELL of Portland
HANLEY of Gardiner
HILL of York
KAENRATH of South Portland
SYKES of Harrison
GREELEY of Levant
TIBBETTS of Columbia

Minority Report of the same Committee reporting Ought to Pass as Amended by Committee Amendment "A" (H-541) on same Bill.

Signed:

Representative:
PLUMMER of Windham

READ.

On motion of Representative PINGREE ofNorth Haven, the Majority Ought Not to Pass Report was ACCEPTED and sent for concurrence.

______

Majority Report of the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY reporting Ought to Pass as Amended by Committee Amendment "A" (H-527) on Bill "An Act To Implement the Recommendations of the Corrections Alternatives Advisory Committee"