LEGISLATIVE RECORD - HOUSE, February 25, 2003

ONE HUNDRED AND TWENTY-FIRST LEGISLATURE

FIRST REGULAR SESSION

17th Legislative Day

Tuesday, February 25, 2003

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

Prayer by Reverend Carl Geores, Monmouth (retired).

National Anthem by Kayla Hopkins, Maranacook Middle School, Manchester.

Pledge of Allegiance.

Doctor of the day, Richard Flowerdew, M.D., Falmouth.

The Journal of Thursday, February 20, 2003 was read and approved.

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SENATE PAPERS

Bill "An Act To Provide that Gas Purchased for Use in a Generator Be Taxed for Commercial Use"

(S.P. 264) (L.D. 785)

Came from the Senate, REFERRED to the Committee on TAXATION and ordered printed.

On motion of Representative LEMOINE of Old Orchard Beach, the Bill was REFERRED to the Committee on TRANSPORTATION in NON-CONCURRENCE and sent for concurrence.

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Non-Concurrent Matter

Bill "An Act to Increase Faculty in Maine Nursing Education Programs"

(H.P. 541) (L.D. 735)

REFERRED to the Committee on APPROPRIATIONS AND FINANCIAL AFFAIRS in the House on February 14, 2003.

Came from the Senate REFERRED to the Committee on BUSINESS, RESEARCH AND ECONOMIC DEVELOPMENT in NON-CONCURRENCE.

The House voted to RECEDE AND CONCUR.

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Non-Concurrent Matter

Resolve, To Improve Fisheries Management in Hancock County

(H.P. 601) (L.D. 824)

REFERRED to the Committee on AGRICULTURE, CONSERVATION AND FORESTRY in the House on February 20, 2003.

Came from the Senate REFERRED to the Committee on INLAND FISHERIES AND WILDLIFE in NON-CONCURRENCE.

On motion of Representative McKEE of Wayne, TABLED pending FURTHER CONSIDERATION and later today assigned.

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Non-Concurrent Matter

Bill "An Act To Increase Community Development Block Grants"

(H.P. 670) (L.D. 913)

REFERRED to the Committee on APPROPRIATIONS AND FINANCIAL AFFAIRS in the House on February 20, 2003.

Came from the Senate REFERRED to the Committee on BUSINESS, RESEARCH AND ECONOMIC DEVELOPMENT in NON-CONCURRENCE.

The House voted to RECEDE AND CONCUR.

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At this point, a message came from the Senate, borne by Senator Treat of Kennebec of that Body, proposing a Joint Convention of both Branches to be held in the Hall of the House at 11:00 in the morning for the purpose of extending to the Honorable Joseph W. Westphal, Chancellor of the University of Maine System, and the Honorable John Fitzsimmons, President of the Maine Technical College System, an invitation to attend the Joint Convention and to make such communication as pleases them.

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Thereupon the House voted to concur in the proposal for a Joint Convention to be held at 11:00 in the morning and the Speaker appointed Representative RICHARDSON of Brunswick to convey this message to the Senate.

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COMMUNICATIONS

The Following Communication: (H.C. 42)

STATE OF MAINE

121ST MAINE LEGISLATURE

January 29, 2003

Joseph Westphal, Chancellor

University of Maine System

107 Maine Avenue

Bangor, ME 04401

Dear Chancellor Westphal:

We are pleased to invite you to address a Joint Session of the 121st Maine Legislature on Tuesday, February 25, 2003 at 11:00 a.m. concerning the State of the University of Maine System and any other matters that you may care to bring to our attention.

On the same day, following your address, John Fitzsimmons, President of the Maine Technical College System, will be addressing the Joint Convention.

We look forward to seeing you then.

Sincerely,

S/Beverly C. Daggett

President of the Senate

S/Patrick Colwell

Speaker of the House

READ and ORDERED PLACED ON FILE.

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The Following Communication: (H.C. 43)

UNIVERSITY OF MAINE SYSTEM

107 MAINE AVENUE

BANGOR, MAINE 04401-4380

January 31, 2003

The Honorable Beverly C. Daggett

President of the Senate

121st Maine Legislature

State of Maine

Augusta, ME 04333

The Honorable Patrick Colwell

Speaker of the House

121st Maine Legislature

State of Maine

Augusta, ME 04333

Dear President Daggett and Speaker Colwell:

Thank you for your January 29, 2003 invitation to address a Joint Session of the 121st Maine Legislature on Tuesday, February 25, 2003 on the topic of the State of the University System. I accept and look forward to it.

As you know, the University System continues to reach new levels in student enrollment, academic degrees awarded, federal


research investment, and public service and outreach activities that benefit individuals, businesses, schools and organizations throughout the state. Much credit for these successes must be given to our faculty and staff, who have worked extremely hard to serve the needs of the University System's many constituencies.

However, credit also must be given to former Governor King and the 118th, 119th, and 120th Maine Legislatures, which invested in our state universities to enhance their quality, performance, and service to Maine people. You and your colleagues helped make it possible for our universities to generate and produce a broad range of results that strengthen our state in many ways. I intend to speak to these issues and others during my presentation on February 25.

Thank you again for the invitation. Best wishes to you as you address the many challenges and opportunities facing our state.

Sincerely,

S/Joseph W. Westphal, Ph.D.

Chancellor

READ and ORDERED PLACED ON FILE.

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The Following Communication: (H.C. 44)

STATE OF MAINE

121ST MAINE LEGISLATURE

January 29, 2003

John Fitzsimmons, President

Maine Technical College System

131 State House Station

Augusta, ME 04333

Dear President Fitzsimmons:

We are pleased to invite you to address a Joint Session of the 121st Maine Legislature on Tuesday, February 25, 2003 concerning the State of the Maine Technical College System and any other matters that you may care to bring to our attention. We will begin the Joint Session at 11:00 a.m. with an address from Joseph Westphal, Chancellor of the University Maine System. You will address the Joint Convention directly following the Chancellor.

We look forward to seeing you then.

Sincerely,

S/Beverly C. Daggett

President of the Senate

S/Patrick Colwell

Speaker of the House

READ and ORDERED PLACED ON FILE.

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The Following Communication: (H.C. 45)

MAINE TECHNICAL COLLEGE SYSTEM

OFFICE OF THE PRESIDENT

323 STATE STREET

AUGUSTA, MAINE 04330-7131

February 3, 2003

The Honorable Beverly C. Daggett

President of the Senate

121st Maine Legislature

3 State House Station

Augusta, ME 04333-0003

The Honorable Patrick Colwell

Speaker of the House

121st Maine Legislature

2 State House Station

Augusta, ME 04333-0002

Dear President Daggett and Speaker Colwell:

Thank you for your letter of January 29, 2003, inviting me to address a Joint Session of the 121st Maine Legislature on Tuesday, February 25th. On behalf of Maine's Technical College employees and students, it is with great pride that I accept your kind invitation. I look forward to sharing with you my thoughts on the state of the Maine Technical College System.

Thank you again for your invitation.

Sincerely yours,

S/John Fitzsimmons, Ed.D.

President

READ and ORDERED PLACED ON FILE.

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The Following Communication: (H.C. 46)

STATE OF MAINE

ONE HUNDRED AND TWENTY-FIRST LEGISLATURE

COMMITTEE ON CRIMINAL JUSTICE AND PUBLIC SAFETY

February 18, 2003

Honorable Beverly C. Daggett, President of the Senate

Honorable Patrick Colwell, Speaker of the House

121st Maine Legislature

State House

Augusta, Maine 04333

Dear President Daggett and Speaker Colwell:

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. 461 Resolve, Requiring the State Police To Develop a Form for Use in Private Firearm Sales

We have also notified the sponsor and cosponsors of the Committee's action.

Sincerely,

S/Sen. Ethan Strimling

Senate Chair

S/Rep. George H. Bunker, Jr.

House Chair

READ and ORDERED PLACED ON FILE.

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The Following Communication: (H.C. 47)

STATE OF MAINE

ONE HUNDRED AND TWENTY-FIRST LEGISLATURE

COMMITTEE ON NATURAL RESOURCES

February 18, 2003

Honorable Beverly C. Daggett, President of the Senate

Honorable Patrick Colwell, Speaker of the House

121st Maine Legislature

State House

Augusta, Maine 04333

Dear President Daggett and Speaker Colwell:

Pursuant to Joint Rule 310, we are writing to notify you that the Joint Standing Committee on Natural Resources has voted unanimously to report the following bill out "Ought Not to Pass":

L.D. 30 An Act to Appropriate Funds for Special Testing at the Norridgewock Landfill

We have also notified the sponsor and cosponsors of the Committee's action.

Sincerely,

S/Sen. John L. Martin

Senate Chair

S/Rep. Theodore Koffman

House Chair

READ and ORDERED PLACED ON FILE.

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The Following Communication: (H.C. 48)

STATE OF MAINE

ONE HUNDRED AND TWENTY-FIRST LEGISLATURE

COMMITTEE ON STATE AND LOCAL GOVERNMENT

February 18, 2003

Honorable Beverly C. Daggett, President of the Senate

Honorable Patrick Colwell, Speaker of the House

121st Maine Legislature

State House

Augusta, Maine 04333

Dear President Daggett and Speaker Colwell:

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 bills out "Ought Not to Pass":

L.D. 24 An Act to Create the State Government Information Clearinghouse

L.D. 27 Resolve, Directing the Maine Historic Preservation Commission to Develop a Database of Historic or At-risk Areas and Sites in the State

L.D. 78 RESOLUTION, Proposing an Amendment to the Constitution of Maine to Provide for the Direct Election of the Secretary of State

We have also notified the sponsors and cosponsors of each bill listed of the Committee's action.

Sincerely,

S/Sen. Margaret Rotundo

Senate Chair

S/Rep. Janet L. McLaughlin

House Chair

READ and ORDERED PLACED ON FILE.

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The Following Communication: (H.C. 49)

STATE OF MAINE

ONE HUNDRED AND TWENTY-FIRST LEGISLATURE

COMMITTEE ON TAXATION

February 20, 2003

Honorable Beverly C. Daggett, President of the Senate

Honorable Patrick Colwell, Speaker of the House

121st Maine Legislature

State House

Augusta, Maine 04333

Dear President Daggett and Speaker Colwell:

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. 62 An Act to Promote Equity Among Health Care Clinics

L.D. 146 An Act to Establish a Tax Credit for Parents who Homeschool Their Children

L.D. 154 An Act to Provide a Sales Tax Exemption for Nonprofit Organizations That Provide Food and Lodging for Family Members of Patients in Hospitals

L.D. 198 An Act to Fund the Fund for a Healthy Maine From an Increase in Liquor Taxes

L.D. 216 An Act to Provide an Income Tax Deduction for a Qualified State-sponsored 529 Plan for Higher Education Expenses

L.D. 246 An Act To Promote and Facilitate Personal Retirement Saving in Maine

We have also notified the sponsors and cosponsors of each bill listed of the Committee's action.

Sincerely,

S/Sen. Stephen Stanley

Senate Chair

S/Rep. David G. Lemoine

House Chair

READ and ORDERED PLACED ON FILE.

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The Following Communication: (H.C. 50)

STATE OF MAINE

ONE HUNDRED AND TWENTY-FIRST LEGISLATURE

COMMITTEE ON TRANSPORTATION

February 18, 2003

Honorable Beverly C. Daggett, President of the Senate

Honorable Patrick Colwell, Speaker of the House

121st Maine Legislature

State House

Augusta, Maine 04333

Dear President Daggett and Speaker Colwell:

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. 15 An Act to Add the Steel Bridge in New Sharon to the State's List of Historic Bridges

L.D. 63 An Act to Protect Motor Vehicles From Dangerous Pedestrians

L.D. 205 RESOLUTION, Proposing an Amendment to the Constitution of Maine to Permit Funding of Public Transportation from Motor Vehicle and Motor Vehicle Fuel Revenues

We have also notified the sponsors and cosponsors of each bill listed of the Committee's action.

Sincerely,

S/Sen. Pamela H. Hatch

Senate Chair

S/Rep. Ronald E. Usher

House Chair

READ and ORDERED PLACED ON FILE.

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The Following Communication: (H.C. 51)

STATE OF MAINE

ONE HUNDRED AND TWENTY-FIRST LEGISLATURE

COMMITTEE ON UTILITIES AND ENERGY

February 18, 2003

Honorable Beverly C. Daggett, President of the Senate

Honorable Patrick Colwell, Speaker of the House

121st Maine Legislature

State House

Augusta, Maine 04333

Dear President Daggett and Speaker Colwell:

Pursuant to Joint Rule 310, we are writing to notify you that the Joint Standing Committee on Utilities and Energy has voted unanimously to report the following bill out "Ought Not to Pass":

L.D. 29 An Act to Eliminate the Telephone Service Tax Dedicated to Libraries and Schools

We have also notified the sponsor and cosponsors of the Committee's action.

Sincerely,

S/Sen. Christopher Hall

Senate Chair

S/Rep. Lawrence Bliss

House Chair

READ and ORDERED PLACED ON FILE.

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The Following Communication: (H.C. 52)

STATE OF MAINE

HOUSE OF REPRESENTATIVES

SPEAKER'S OFFICE

AUGUSTA, MAINE 04333-0002

February 20, 2003

Honorable Millicent MacFarland

Clerk of the House

2 State House Station

Augusta, ME 04333

Dear Clerk MacFarland:

Pursuant to my authority under M.R.S.A. Title 20-A § 11053, I am pleased to appoint Representative Jonathan Thomas of Orono to serve as a member of New England Board of Higher Education.

If you have any questions regarding this appointment, please do not hesitate to contact me.

Sincerely,

S/Patrick Colwell

Speaker of the House

READ and ORDERED PLACED ON FILE.

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The Following Communication: (H.C. 53)

STATE OF MAINE

HOUSE OF REPRESENTATIVES

SPEAKER'S OFFICE

AUGUSTA, MAINE 04333-0002

February 20, 2003

Honorable Millicent MacFarland

Clerk of the House

2 State House Station

Augusta, ME 04333

Dear Clerk MacFarland:

Pursuant to my authority under P.L. 1997, Chapter 790, I am pleased to appoint the following Representatives to the Children's Mental Health Oversight Committee:

Representative Marie Laverriere-Boucher of Biddeford

Representative Lillian LaFontaine O'Brien of Lewiston

Representative Marilyn E. Canavan of Waterville

Representative Julie Ann O'Brien of Augusta

If you have any questions regarding these appointments, please do not hesitate to contact me.