19 03 12 09R2 by 0fKplDoV

VIEWS: 3 PAGES: 18

									                                    LEGISLATIVE RECORD - SENATE, THURSDAY, MARCH 12, 2009


                 STATE OF MAINE
   ONE HUNDRED AND TWENTY-FOURTH LEGISLATURE                                       _________________________________
             FIRST REGULAR SESSION
             JOURNAL OF THE SENATE                                                             Off Record Remarks

                                               In Senate Chamber                   _________________________________
                                                         Thursday
                                                   March 12, 2009                        PAPERS FROM THE HOUSE

Senate called to order by President Elizabeth H. Mitchell of                                     House Papers
Kennebec County.
                                                                        Bill "An Act To Encourage Renewable Energy Investment"
            _________________________________                                                            H.P. 660 L.D. 958

Prayer by Reverend Dr. David Anderman, First Congregational             Committee on BUSINESS, RESEARCH AND ECONOMIC
Church, UCC of Waterville.                                              DEVELOPMENT suggested and ordered printed.

REVEREND ANDERMAN: Let us pray. We are in awe, oh God,                  Comes from the House, REFERRED to the Committee on
as we realize that we are in Your presence. You are our creator         TAXATION.
and judge; our constant challenge and steadfast guide. You set
us in a world and a state of great natural beauty and plentiful         On motion by Senator SCHNEIDER of Penobscot, TABLED until
resources. You have given us networks of kinship and friendship,        Later in Today’s Session, pending REFERENCE.
with the blessings of family and communities. Your generosity
knows no bounds. Forgive us, oh God, when we lose sight of the                     _________________________________
abundance of Your world and Your people. When the mentality
of scarcity of threatens to overwhelm us open our eyes to all of        Bill "An Act To Encourage Green Commerce"
Your gifts. When legitimate self-interests threatens to turn into                                         H.P. 586 L.D. 848
plain selfishness remind us of Your commands to love our
neighbors as ourselves. When differences over strategies and            Comes from the House, REFERRED to the Committee on
tactics threaten to divide us hold before us the vision of the          UTILITIES AND ENERGY and ordered printed.
common good of all Your children, where all share justly in the
fruits of Your abundance. We pray, oh God, especially for this          On motion by Senator HOBBINS of York, REFERRED to the
state and for its political leaders. May God grant you patience for     Committee on BUSINESS, RESEARCH AND ECONOMIC
thankless tasks beyond counting, insight to see beyond today and        DEVELOPMENT, in NON-CONCURRENCE.
this week to the longer future before us, and wisdom to translate
visions of our common good into practical policies. Amen.               Sent down for concurrence.

            _________________________________                                      _________________________________

Reading of the Journal of Tuesday, March 10, 2009.                                             COMMUNICATIONS

            _________________________________                           The Following Communication:      S.P. 372

Doctor of the day, Dr. Mark Earnshaw, MD of Cape Elizabeth.                                    STATE OF MAINE
                                                                                            TH
                                                                                         124    MAINE LEGISLATURE
            _________________________________
                                                                        March 10, 2009
                       Off Record Remarks
                                                                        Sen. Troy Dale Jackson
            _________________________________                           Senate Chair, Joint Standing Committee on Labor
                                                                        Rep. John L. Tuttle, Jr.
Out of order and under suspension of the Rules, on motion by            House Chair, Joint Standing Committee on Labor
                                                                           th
Senator BARTLETT of Cumberland, the following Joint Order:              124 Legislature
                                  S.P. 376                              Augusta, ME 04333

Ordered, the House concurring, that when the House and Senate           Dear Senator Jackson and Representative Tuttle:
adjourn, they do so until Tuesday, March 17, 2009, at 10:00 in the
morning.                                                                Please be advised that Governor John E. Baldacci has withdrawn
                                                                        his nomination of Susan D. Giguere for appointment to the Maine
READ and PASSED.                                                        Workers’ Compensation Board, pursuant to Title 3 M.R.S.A. §
                                                                        154.
Ordered sent down forthwith for concurrence.



                                                                      S-219
                                   LEGISLATIVE RECORD - SENATE, THURSDAY, MARCH 12, 2009



This nomination is currently pending before the Joint Standing          Ten members of the Committee having voted in the affirmative
Committee on Labor.                                                     and none in the negative, it was the vote of the Committee that
                                                                        the nomination of Adam R. Cote of Portland, for appointment to
Sincerely,                                                              the Midcoast Regional Redevelopment Authority be confirmed.

S/Elizabeth H. Mitchell                                                 Signed,
President of the Senate
                                                                        S/Elizabeth M. Schneider
S/Hannah M. Pingree                                                     Senate Chair
Speaker of the House
                                                                        S/Nancy E. Smith
READ and REFERRED to the Committee on LABOR.                            House Chair

Sent down for concurrence.                                              READ and ORDERED PLACED ON FILE.

             _________________________________                          On motion by Senator BARTLETT of Cumberland, Nomination
                                                                        TABLED until Later in Today’s Session, pending
The Following Communication:          S.C. 106                          CONSIDERATION.

                STATE OF MAINE                                                      _________________________________
  ONE HUNDRED AND TWENTY-FOURTH LEGISLATURE
 COMMITTEE ON BUSINESS, RESEARCH AND ECONOMIC                           The Following Communication:          S.C. 107
                 DEVELOPMENT
                                                                                         STATE OF MAINE
March 10, 2009                                                             ONE HUNDRED AND TWENTY-FOURTH LEGISLATURE
                                                                          COMMITTEE ON BUSINESS, RESEARCH AND ECONOMIC
The Honorable Elizabeth H. Mitchell                                                       DEVELOPMENT
President of the Senate of Maine
124th Maine Legislature                                                 March 10, 2009
State House
Augusta, Maine 04333-0003                                               The Honorable Elizabeth H. Mitchell
                                                                        President of the Senate of Maine
Dear Madame President:                                                  124th Maine Legislature
                                                                        State House
In accordance with 3 M.R.S.A., Section 157, and with Joint Rule         Augusta, Maine 04333-0003
505 of the 124th Maine Legislature, the Joint Standing Committee
on Business, Research & Economic Development has had under              Dear Madame President:
consideration the nomination of Adam R. Cote of Portland, for
appointment to the Midcoast Regional Redevelopment Authority.           In accordance with 3 M.R.S.A., Section 157, and with Joint Rule
                                                                        505 of the 124th Maine Legislature, the Joint Standing Committee
After public hearing and discussion on this nomination, the             on Business, Research & Economic Development has had under
Committee proceeded to vote on the motion to recommend to the           consideration the nomination of Michael K. Mahoney of Cape
Senate that this nomination be confirmed. The Committee Clerk           Elizabeth, for appointment to the Finance Authority of Maine.
called the roll with the following result:
                                                                        After public hearing and discussion on this nomination, the
YEAS     Senators            3        Schneider of Penobscot,           Committee proceeded to vote on the motion to recommend to the
                                      Rector of Knox, Sullivan of       Senate that this nomination be confirmed. The Committee Clerk
                                      York                              called the roll with the following result:

         Representatives     7        Smith of Monmouth, Austin of      YEAS      Senators          3         Schneider of Penobscot,
                                      Gray, Cohen of Portland,                                                Rector of Knox, Sullivan of
                                      Hunt of Buxton, MacDonald                                               York
                                      of Boothbay, Martin of Orono,
                                      Wright of Berwick                           Representatives   5         Smith of Monmouth, Austin of
                                                                                                              Gray, Cohen of Portland,
NAYS                         0                                                                                Hunt of Buxton, MacDonald
                                                                                                              of Boothbay
ABSENT                       3        Rep. Cleary of Houlton, Rep.
                                      Giles of Belfast, Rep.            NAYS                        0
                                      Prescott of Topsham




                                                                      S-220
                                   LEGISLATIVE RECORD - SENATE, THURSDAY, MARCH 12, 2009



ABSENT                     5          Rep. Cleary of Houlton, Rep.                Representatives   5         Smith of Monmouth, Austin of
                                      Giles of Belfast, Rep. Martin                                           Gray, Cohen of Portland,
                                      of Orono, Rep. Prescott of                                              Hunt of Buxton, MacDonald
                                      Topsham, Rep. Wright of                                                 of Boothbay
                                      Berwick
                                                                        NAYS                        0
Eight members of the Committee having voted in the affirmative
and none in the negative, it was the vote of the Committee that         ABSENT                      5         Rep. Cleary of Houlton, Rep.
the nomination of Michael K. Mahoney of Cape Elizabeth, for                                                   Giles of Belfast, Rep. Martin
appointment to the Finance Authority of Maine be confirmed.                                                   of Orono, Rep. Prescott of
                                                                                                              Topsham, Rep. Wright of
Signed,                                                                                                       Berwick

S/Elizabeth M. Schneider                                                Eight members of the Committee having voted in the affirmative
Senate Chair                                                            and none in the negative, it was the vote of the Committee that
                                                                        the nomination of Susan B. Snowden of Scarborough, for
S/Nancy E. Smith                                                        reappointment to the Finance Authority of Maine be confirmed.
House Chair
                                                                        Signed,
READ and ORDERED PLACED ON FILE.
                                                                        S/Elizabeth M. Schneider
On motion by Senator BARTLETT of Cumberland, Nomination                 Senate Chair
TABLED until Later in Today’s Session, pending
CONSIDERATION.                                                          S/Nancy E. Smith
                                                                        House Chair
            _________________________________
                                                                        READ and ORDERED PLACED ON FILE.
The Following Communication:          S.C. 108
                                                                        On motion by Senator BARTLETT of Cumberland, Nomination
                STATE OF MAINE                                          TABLED until Later in Today’s Session, pending
  ONE HUNDRED AND TWENTY-FOURTH LEGISLATURE                             CONSIDERATION.
 COMMITTEE ON BUSINESS, RESEARCH AND ECONOMIC
                 DEVELOPMENT                                                        _________________________________

March 10, 2009                                                          The Following Communication:          S.C. 109

The Honorable Elizabeth H. Mitchell                                                      STATE OF MAINE
President of the Senate of Maine                                           ONE HUNDRED AND TWENTY-FOURTH LEGISLATURE
124th Maine Legislature                                                   COMMITTEE ON BUSINESS, RESEARCH AND ECONOMIC
State House                                                                               DEVELOPMENT
Augusta, Maine 04333-0003
                                                                        March 10, 2009
Dear Madame President:
                                                                        The Honorable Elizabeth H. Mitchell
In accordance with 3 M.R.S.A., Section 157, and with Joint Rule         President of the Senate of Maine
505 of the 124th Maine Legislature, the Joint Standing Committee        124th Maine Legislature
on Business, Research & Economic Development has had under              State House
consideration the nomination of Susan B. Snowden of                     Augusta, Maine 04333-0003
Scarborough, for reappointment to the Finance Authority of
Maine.                                                                  Dear Madame President:

After public hearing and discussion on this nomination, the             In accordance with 3 M.R.S.A., Section 157, and with Joint Rule
Committee proceeded to vote on the motion to recommend to the           505 of the 124th Maine Legislature, the Joint Standing Committee
Senate that this nomination be confirmed. The Committee Clerk           on Business, Research & Economic Development has had under
called the roll with the following result:                              consideration the nomination of Cathy C. McKelway of Oakland,
                                                                        for reappointment to the Maine Rural Development Authority.
YEAS      Senators         3          Schneider of Penobscot,
                                      Rector of Knox, Sullivan of       After public hearing and discussion on this nomination, the
                                      York                              Committee proceeded to vote on the motion to recommend to the
                                                                        Senate that this nomination be confirmed. The Committee Clerk
                                                                        called the roll with the following result:




                                                                      S-221
                                    LEGISLATIVE RECORD - SENATE, THURSDAY, MARCH 12, 2009



YEAS      Senators            3       Schneider of Penobscot,           Sincerely,
                                      Rector of Knox, Sullivan of
                                      York                              S/Elizabeth H. Mitchell
                                                                        President of the Senate
          Representatives     7       Smith of Monmouth, Austin of
                                      Gray, Cohen of Portland,          S/Hannah M. Pingree
                                      Hunt of Buxton, MacDonald         Speaker of the House
                                      of Boothbay, Martin of Orono,
                                      Wright of Berwick                 READ and ORDERED PLACED ON FILE.

NAYS                          0                                                          _________________________________

ABSENT                        3       Rep. Cleary of Houlton, Rep.      The Following Communication:          S.C. 98
                                      Giles of Belfast, Rep.
                                      Prescott of Topsham                                    STATE OF MAINE
                                                                              ONE HUNDRED AND TWENTY-FOURTH LEGISLATURE
Ten members of the Committee having voted in the affirmative                  COMMITTEE ON EDUCATION AND CULTURAL AFFAIRS
and none in the negative, it was the vote of the Committee that
the nomination of Cathy C. McKelway of Oakland, for                     March 10, 2009
reappointment to the Maine Rural Development Authority be
confirmed.                                                              Honorable Elizabeth H. Mitchell, President of the Senate
                                                                        Honorable Hannah M. Pingree, Speaker of the House
Signed,                                                                 124th Legislature
                                                                        State House
S/Elizabeth M. Schneider                                                Augusta, Maine 04333
Senate Chair
                                                                        Dear President Mitchell and Speaker Pingree:
S/Nancy E. Smith
House Chair                                                                  Pursuant to Joint Rule 310, we are writing to notify you that
                                                                        the Joint Standing Committee on Education and Cultural Affairs
READ and ORDERED PLACED ON FILE.                                        has voted unanimously to report the following bill out "Ought Not
                                                                        to Pass":
On motion by Senator BARTLETT of Cumberland, Nomination
TABLED until Later in Today’s Session, pending                                 L.D. 76       Resolve, To Study the Feasibility of Expanding
CONSIDERATION.                                                                               the Curriculum of the Maine School of Science
                                                                                             and Mathematics
            _________________________________
                                                                        We have also notified the sponsor and cosponsors of the
The Following Communication:          S.C. 110                          Committee's action.

                         STATE OF MAINE                                 Sincerely,
                     TH
                   124    MAINE LEGISLATURE
                                                                        S/Sen. Justin L. Alfond
March 4, 2009                                                           Senate Chair

Chief Justice Leigh I. Saufley                                          S/Rep. Patricia B. Sutherland
Maine Supreme Judicial Court                                            House Chair
P. O. Box 368
Portland, ME 04112                                                      READ and with accompanying papers ORDERED PLACED ON
                                                                        FILE.
Dear Chief Justice Saufley:
                                                                                         _________________________________
We are pleased to invite you to address a Joint Session of the
124th Maine Legislature on Tuesday, March 17, 2009 at 11:00             The Following Communication:          S.C. 99
a.m. concerning the State of the Judiciary and any other matters
that you may care to bring to our attention.                                                STATE OF MAINE
                                                                              ONE HUNDRED AND TWENTY-FOURTH LEGISLATURE
We look forward to seeing you then.                                             COMMITTEE ON HEALTH AND HUMAN SERVICES

                                                                        March 10, 2009




                                                                      S-222
                                    LEGISLATIVE RECORD - SENATE, THURSDAY, MARCH 12, 2009



Honorable Elizabeth H. Mitchell, President of the Senate                     L.D. 24       An Act To Prevent Domestic Violence and
Honorable Hannah M. Pingree, Speaker of the House                                          Abuse
124th Legislature
State House                                                                  L.D. 25       An Act To Protect Child Victims of Sexual
Augusta, Maine 04333                                                                       Abuse

Dear President Mitchell and Speaker Pingree:                           We have also notified the sponsors and cosponsors of each bill
                                                                       listed of the Committee's action.
     Pursuant to Joint Rule 310, we are writing to notify you that
the Joint Standing Committee on Health and Human Services has          Sincerely,
voted unanimously to report the following bills out "Ought Not to
Pass":                                                                 S/Sen. Lawrence Steven Bliss
                                                                       Senate Chair
    L.D. 315      Resolve, Directing the Department of Health
                  and Human Services and the Department of             S/Rep. Charles R. Priest
                  Agriculture, Food and Rural Resources To             House Chair
                  Develop a Plan To Facilitate the Procurement
                  of Local Produce by Food Stamp Recipients            READ and with accompanying papers ORDERED PLACED ON
                                                                       FILE.
    L.D. 359      An Act To Ensure That MaineCare
                  Reimbursements to Hospitals Do Not Pay For                           _________________________________
                  Hospital Advertisements
                                                                       The Following Communication:         S.C. 101
    L.D. 362      An Act To Support New Mothers Who Are in
                  Substance Abuse Treatment Programs                                       STATE OF MAINE
                                                                             ONE HUNDRED AND TWENTY-FOURTH LEGISLATURE
We have also notified the sponsors and cosponsors of each bill                     COMMITTEE ON MARINE RESOURCES
listed of the Committee's action.
                                                                       March 10, 2009
Sincerely,
                                                                       Honorable Elizabeth H. Mitchell, President of the Senate
S/Sen. Joseph C. Brannigan                                             Honorable Hannah M. Pingree, Speaker of the House
Senate Chair                                                           124th Legislature
                                                                       State House
S/Rep. Anne C. Perry                                                   Augusta, Maine 04333
House Chair
                                                                       Dear President Mitchell and Speaker Pingree:
READ and with accompanying papers ORDERED PLACED ON
FILE.                                                                  Pursuant to Joint Rule 310, we are writing to notify you that the
                                                                       Joint Standing Committee on Marine Resources has voted
             _________________________________                         unanimously to report the following bill out "Ought Not to Pass":

The Following Communication:        S.C. 100                                 L.D. 691      An Act To Lower the Cost of State Government
                                                                                           in the Departments under the Purview of the
                 STATE OF MAINE                                                            Joint Standing Committee on Marine
   ONE HUNDRED AND TWENTY-FOURTH LEGISLATURE                                               Resources
             COMMITTEE ON JUDICIARY
                                                                       We have also notified the sponsor and cosponsors of the
March 10, 2009                                                         Committee's action.

Honorable Elizabeth H. Mitchell, President of the Senate               Sincerely,
Honorable Hannah M. Pingree, Speaker of the House
124th Legislature                                                      S/Sen. Dennis S. Damon
State House                                                            Senate Chair
Augusta, Maine 04333
                                                                       S/Rep. Leila J. Percy
Dear President Mitchell and Speaker Pingree:                           House Chair

     Pursuant to Joint Rule 310, we are writing to notify you that     READ and with accompanying papers ORDERED PLACED ON
the Joint Standing Committee on Judiciary has voted                    FILE.
unanimously to report the following bills out "Ought Not to Pass":
                                                                                       _________________________________



                                                                     S-223
                                   LEGISLATIVE RECORD - SENATE, THURSDAY, MARCH 12, 2009



                                                                            Pursuant to Joint Rule 310, we are writing to notify you that
The Following Communication:        S.C. 102                           the Joint Standing Committee on Transportation has voted
                                                                       unanimously to report the following bills out "Ought Not to Pass":
                 STATE OF MAINE
   ONE HUNDRED AND TWENTY-FOURTH LEGISLATURE                                 L.D. 48       Resolve, To Delay the Sustainability of the
             COMMITTEE ON TAXATION                                                         Highway Fund (EMERGENCY)

March 04, 2009                                                               L.D. 269      An Act To Appropriate Funds To Equip State
                                                                                           Trooper Cars with Cages
Honorable Elizabeth H. Mitchell, President of the Senate
Honorable Hannah M. Pingree, Speaker of the House                            L.D. 592      An Act To Increase Mandatory Minimum
124th Legislature                                                                          Insurance Requirements for Vehicles for Hire
State House
Augusta, Maine 04333                                                         L.D. 593      Resolve, To Require the Department of
                                                                                           Transportation To Improve the Safety of the
Dear President Mitchell and Speaker Pingree:                                               Intersection of Route 4 and the Dill Road in the
                                                                                           Town of Phillips
     Pursuant to Joint Rule 310, we are writing to notify you that
the Joint Standing Committee on Taxation has voted unanimously               L.D. 602      An Act To Permit Wrecker Services To Charge
to report the following bills out "Ought Not to Pass":                                     for Storage while a Vehicle Is under an Order of
                                                                                           Impoundment
    L.D. 212      Resolve, To Study and Develop a Tax
                  Increment Financing Program To Fund the              We have also notified the sponsor and cosponsors of the
                  Washington County Development Authority              Committee's action.

    L.D. 313      An Act To Add a Fuel Oil Benefit to the              Sincerely,
                  Circuitbreaker Program
                                                                       S/Sen. Dennis S. Damon
We have also notified the sponsors and cosponsors of each bill         Senate Chair
listed of the Committee's action.
                                                                       S/Rep. Edward J. Mazurek
Sincerely,                                                             House Chair

S/Sen. Joseph C. Perry                                                 READ and with accompanying papers ORDERED PLACED ON
Senate Chair                                                           FILE.

S/Rep. Thomas R. Watson                                                                _________________________________
House Chair
                                                                       The Following Communication:          S.C. 104
READ and with accompanying papers ORDERED PLACED ON
FILE.                                                                                      STATE OF MAINE
                                                                             ONE HUNDRED AND TWENTY-FOURTH LEGISLATURE
             _________________________________                                      COMMITTEE ON TRANSPORTATION

The Following Communication:        S.C. 103                           March 10, 2009

                 STATE OF MAINE                                        Honorable Elizabeth H. Mitchell, President of the Senate
   ONE HUNDRED AND TWENTY-FOURTH LEGISLATURE                           Honorable Hannah M. Pingree, Speaker of the House
          COMMITTEE ON TRANSPORTATION                                  124th Legislature
                                                                       State House
March 10, 2009                                                         Augusta, Maine 04333

Honorable Elizabeth H. Mitchell, President of the Senate               Dear President Mitchell and Speaker Pingree:
Honorable Hannah M. Pingree, Speaker of the House
124th Legislature                                                           Pursuant to Joint Rule 310, we are writing to notify you that
State House                                                            the Joint Standing Committee on Transportation has voted
Augusta, Maine 04333                                                   unanimously to report the following bill out "Ought Not to Pass":

Dear President Mitchell and Speaker Pingree:                                 L.D. 338      An Act To Improve the Visibility of Automobiles

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



                                                                     S-224
                                     LEGISLATIVE RECORD - SENATE, THURSDAY, MARCH 12, 2009




Sincerely,                                                             Honorable Joy J. O'Brien
                                                                       Secretary of the Senate
S/Sen. Dennis S. Damon                                                 124th Maine Legislature
Senate Chair                                                           Augusta, Maine 04333

S/Rep. Edward J. Mazurek                                               Dear Secretary O'Brien:
House Chair
                                                                       The House voted today to adhere to its previous action whereby it
READ and with accompanying papers ORDERED PLACED ON                    accepted the Majority Ought Not to Pass Report of the Committee
FILE.                                                                  on Transportation on Bill "An Act To Prohibit the Sale of a Road
                                                                       Sign Originally Placed by the State, a County or a Municipality"
             _________________________________                         (H.P. 10) (L.D. 15).

The Following Communication:         S.C. 105                          Sincerely,

                 STATE OF MAINE                                        S/Millicent M. MacFarland
   ONE HUNDRED AND TWENTY-FOURTH LEGISLATURE                           Clerk of the House
        COMMITTEE ON UTILITIES AND ENERGY
                                                                       READ and with accompanying papers ORDERED PLACED ON
March 04, 2009                                                         FILE.

Honorable Elizabeth H. Mitchell, President of the Senate                            _________________________________
Honorable Hannah M. Pingree, Speaker of the House
124th Legislature                                                                             SENATE PAPERS
State House
Augusta, Maine 04333                                                   Bill "An Act To Increase Public Safety by Requiring a Federally
                                                                       Licensed Firearms Dealer To Facilitate the Transfer of Firearms"
Dear President Mitchell and Speaker Pingree:                                                                S.P. 368 L.D. 985

     Pursuant to Joint Rule 310, we are writing to notify you that     Presented by Senator SULLIVAN of York.
the Joint Standing Committee on Utilities and Energy has voted         Cosponsored by Senator: CRAVEN of Androscoggin.
unanimously to report the following bill out "Ought Not to Pass":
                                                                       Bill "An Act To Improve Purchasing for the Department of
    L.D. 396       An Act Regarding Installation of Solar Energy       Corrections"
                   Systems under the Solar and Wind Energy                                                 S.P. 374 L.D. 995
                   Rebate Program
                                                                       Presented by Senator GERZOFSKY of Cumberland.
We have also notified the sponsor and cosponsors of the                Cosponsored by Representative SCHATZ of Blue Hill and
Committee's action.                                                    Senators: DAVIS of Cumberland, NUTTING of Androscoggin,
                                                                       Representatives: BURNS of Whiting, HANLEY of Gardiner,
Sincerely,                                                             HASKELL of Portland, LAJOIE of Lewiston, PLUMMER of
                                                                       Windham, WHEELER of Kittery.
S/Sen. Barry J. Hobbins
Senate Chair                                                           On motion by Senator GERZOFSKY of Cumberland, REFERRED
                                                                       to the Committee on CRIMINAL JUSTICE AND PUBLIC
S/Rep. Jon Hinck                                                       SAFETY and ordered printed.
House Chair
                                                                       Sent down for concurrence.
READ and with accompanying papers ORDERED PLACED ON
FILE.                                                                               _________________________________

             _________________________________                         Resolve, To Establish a Pilot Program To Provide Greater
                                                                       Cooperation and Coordination between the University of Maine
The Following Communication:         H.C. 88                           System and the Maine Community College System
                                                                                                           S.P. 367 L.D. 984
                       STATE OF MAINE
                       CLERK’S OFFICE                                  Presented by President MITCHELL of Kennebec.
                   2 STATE HOUSE STATION                               Cosponsored by Representative FLOOD of Winthrop and
                    AUGUSTA, MAINE 04333                               Senator: ALFOND of Cumberland, Representatives: BLODGETT
                                                                       of Augusta, CROCKETT of Augusta, LOVEJOY of Portland,
March 10, 2009                                                         NUTTING of Oakland.



                                                                     S-225
                                      LEGISLATIVE RECORD - SENATE, THURSDAY, MARCH 12, 2009




On motion by Senator ALFOND of Cumberland, REFERRED to                On motion by Senator JACKSON of Aroostook, REFERRED to
the Committee on EDUCATION AND CULTURAL AFFAIRS and                   the Committee on LABOR and ordered printed.
ordered printed.
                                                                      Sent down for concurrence.
Sent down for concurrence.
                                                                                  _________________________________
             _________________________________
                                                                      Bill "An Act To Extend the Jurisdiction of the Commission on
Bill "An Act To Require the Disclosure of Insurance Policy Limits     Governmental Ethics and Election Practices to the Executive
to an Injured Party"                                                  Branch"
                                    S.P. 362 L.D. 979                                                       S.P. 361 L.D. 978

Presented by Senator BARTLETT of Cumberland.                          Presented by Senator RAYE of Washington.
                                                                      Cosponsored by Representative TARDY of Newport and
On motion by Senator BOWMAN of York, REFERRED to the                  Senators: COURTNEY of York, PLOWMAN of Penobscot,
Committee on INSURANCE AND FINANCIAL SERVICES and                     SULLIVAN of York, Representatives: FITTS of Pittsfield,
ordered printed.                                                      LANGLEY of Ellsworth, NASS of Acton, VALENTINO of Saco.

Sent down for concurrence.                                            Bill "An Act To Reduce the Risk of Hypothermia in Residential
                                                                      Rental Units" (EMERGENCY)
             _________________________________                                                            S.P. 366 L.D. 983

Resolve, To Establish a Study Commission To Examine the Issue         Presented by Senator SULLIVAN of York.
of Eminent Domain (EMERGENCY)                                         Cosponsored by Representative TRINWARD of Waterville and
                                 S.P. 364 L.D. 981                    Senators: BLISS of Cumberland, COURTNEY of York,
                                                                      MARRACHÉ of Kennebec, PLOWMAN of Penobscot,
Presented by Senator DAVIS of Cumberland.                             Representatives: BEAULIEU of Auburn, CAMPBELL of Newfield,
Cosponsored by Representative TUTTLE of Sanford and                   CONNOR of Kennebunk, MILLER of Somerville, NASS of Acton,
Senator: GERZOFSKY of Cumberland, Representatives:                    PENDLETON of Scarborough, PERRY of Calais, PRIEST of
HANLEY of Gardiner, HASKELL of Portland, LAJOIE of Lewiston,          Brunswick, RUSSELL of Portland, SANBORN of Gorham,
MAGNAN of Stockton Springs, ROSEN of Bucksport, SYKES of              TUTTLE of Sanford, VALENTINO of Saco.
Harrison, WHEELER of Kittery.
                                                                      On motion by Senator SULLIVAN of York, REFERRED to the
On motion by Senator BLISS of Cumberland, REFERRED to the             Committee on LEGAL AND VETERANS AFFAIRS and ordered
Committee on JUDICIARY and ordered printed.                           printed.

Sent down for concurrence.                                            Sent down for concurrence.

             _________________________________                                    _________________________________

Bill "An Act To Clarify the Definition of 'Employee' in the           Bill "An Act To Protect the Public Health and the Environment by
Employment Security Law"                                              Prohibiting the Sale of Wheel Weights Containing Lead or
                                       S.P. 370 L.D. 987              Mercury"
                                                                                                           S.P. 369 L.D. 986
Presented by Senator MARRACHÉ of Kennebec.
Cosponsored by Representative TUTTLE of Sanford and                   Presented by Senator GOODALL of Sagadahoc.
Senator: JACKSON of Aroostook, Representatives: BECK of               Cosponsored by Speaker PINGREE of North Haven and
Waterville, BUTTERFIELD of Bangor, DRISCOLL of Westbrook,             Senators: COURTNEY of York, DIAMOND of Cumberland,
TRINWARD of Waterville.                                               JACKSON of Aroostook, President MITCHELL of Kennebec,
                                                                      SIMPSON of Androscoggin, Representatives: CORNELL du
Bill "An Act To Allow Certain Retirees in the Maine Public            HOUX of Brunswick, WALSH INNES of Yarmouth,
Employees Retirement System To Return to Service with the             RICHARDSON of Warren.
State for 180 Days Annually"
                                     S.P. 375 L.D. 996                On motion by Senator GOODALL of Sagadahoc, REFERRED to
                                                                      the Committee on NATURAL RESOURCES and ordered printed.
Presented by Senator GOOLEY of Franklin.
Cosponsored by Representative SAVIELLO of Wilton and                  Sent down for concurrence.
Senators: ALFOND of Cumberland, BOWMAN of York, DAVIS of
Cumberland, SCHNEIDER of Penobscot, WESTON of Waldo,                              _________________________________
Representatives: BRIGGS of Mexico, KNAPP of Gorham,
McFADDEN of Dennysville.



                                                                    S-226
                                    LEGISLATIVE RECORD - SENATE, THURSDAY, MARCH 12, 2009



Bill "An Act To Provide a Tax Credit for Heating and Cooling                                      ORDERS
System Alternatives and Improvements That Benefit the
Environment and Address Climate Change" (EMERGENCY)                                            Joint Orders
                                     S.P. 363 L.D. 980
                                                                     Expressions of Legislative Sentiment recognizing:
Presented by Senator SMITH of Piscataquis.
Cosponsored by Senator RAYE of Washington, Representative            Michelle Gagne, of Auburn, a teacher at Sherwood Heights
McKANE of Newcastle, Representative FLETCHER of Winslow              Elementary School, who is a recipient of the 2008 Milken Family
and Senators: COURTNEY of York, GOODALL of Sagadahoc,                Foundation National Educator Award. This award is given to
RECTOR of Knox, SIMPSON of Androscoggin, Representatives:            individuals who exhibit exceptional educational talent as
CURTIS of Madison, FITTS of Pittsfield, SAVIELLO of Wilton,          evidenced by effective instructional practices and student learning
TARDY of Newport.                                                    results in the classroom; exemplary educational accomplishments
                                                                     beyond the classroom that provide models of excellence for the
Committee on TAXATION suggested and ordered printed.                 profession; strong long-range potential for professional and policy
                                                                     leadership; and an engaging and inspiring presence that
On motion by Senator BLISS of Cumberland, TABLED until Later         motivates and impacts students, colleagues and the community.
in Today’s Session, pending REFERENCE.                               We extend our congratulations to Ms. Gagne for her receiving this
                                                                     honor and we thank her for her outstanding service to the youth of
            _________________________________                        the State;
                                                                                                          SLS 87
Bill "An Act To Amend the Charter of the Milo Water District"
                                   S.P. 373 L.D. 994                 Sponsored by Senator SIMPSON of Androscoggin.
                                                                     Cosponsored by Representatives: BEAULIEU of Auburn,
Presented by Senator SMITH of Piscataquis.                           BICKFORD of Auburn, BOLDUC of Auburn.
Cosponsored by Representative DAVIS of Sangerville.
                                                                     READ.
On motion by Senator HOBBINS of York, REFERRED to the
Committee on UTILITIES AND ENERGY and ordered printed.               THE PRESIDENT: The Chair recognizes the Senator from
                                                                     Androscoggin, Senator Simpson.
Sent down for concurrence.
                                                                     Senator SIMPSON: Thank you, Madame President. Men and
            _________________________________                        women of the Senate, I'm very proud to have Michelle Gagne and
                                                                     her students here today. She is one of those teachers that you
                 Pursuant to Statutes                                hope that your children are lucky enough to have. She is Maine's
Commission on Governmental Ethics and Election Practices             winner of the 2008 Milken Award for Teaching Excellence. Ms.
                                                                     Gagne is a creative teacher who looks for new ways to use
Senator SULLIVAN for the Commission on Governmental                  positive reinforcement to encourage her students, serving as a
Ethics and Election Practices, pursuant to the Maine Revised         role model for other teachers. She has even designed two
Statutes, Title 1, section 1009 asks leave to report that the        programs along these lines. I am very grateful she teaches the
accompanying Bill "An Act To Amend the Laws Governing                students of the city of Auburn. Like any great teacher, she is up
Legislative Ethics"                                                  in the gallery today with her students and I hope we can
                                      S.P. 365 L.D. 982              recognize her. Thank you.

Be REFERRED to the Committee on LEGAL AND VETERANS                   PASSED.
AFFAIRS and ordered printed pursuant to Joint Rule 218.
                                                                     Sent down for concurrence.
Report READ and ACCEPTED.
                                                                     THE PRESIDENT: The Chair is pleased to recognize in the
REFERRED to the Committee on LEGAL AND VETERANS                      gallery Michelle Gagne, the recipient of the 2008 Milken Family
AFFAIRS and ordered printed pursuant to Joint Rule 218.              Foundation National Educator Award. She's accompanied by her
                                                                               st     nd
                                                                     class of 1 and 2 grade students. Would the Senate please
Sent down for concurrence.                                           stand and acknowledge their presence.

            _________________________________                                    _________________________________

All matters thus acted upon were ordered sent down forthwith for
concurrence.

            _________________________________




                                                                   S-227
                                    LEGISLATIVE RECORD - SENATE, THURSDAY, MARCH 12, 2009



James Morse, of Saco, a senior at Thornton Academy, who is             coaches Craig Agreste, Braden Clement, and Ron Cote. Would
one of ten semi-finalist nominees for the 2009 Mr. Maine               you please stand and accept the greetings of the Maine Senate.
Basketball Award. This award is presented to one outstanding
basketball player in the State at the end of his basketball season                 _________________________________
by the Maine Association of Basketball Coaches and local
McDonald's owners and operators. The award is the State's              Out of order and under suspension of the Rules, the Senate
highest basketball honor which recognizes the player's                 considered the following:
performance on the court as well as his contributions to his team
and basketball in the State. James is the cocaptain of the team                                    ORDERS
and was instrumental in helping the Thornton Academy boys
basketball team win the 2009 Class A State Championship. We                                       Joint Order
extend our congratulations and best wishes to James on his
nomination;                                                            An Expression of Legislative Sentiment recognizing:
                                      SLS 88
                                                                       The following members of the Thornton Academy Boys'
Sponsored by Senator HOBBINS of York.                                  Basketball Team, on winning the 2009 Class A State Basketball
Cosponsored by Representatives: PILON of Saco, VALENTINO               Championship: Luke Barkhuff, Ian Barwise, Michael Guerin (co-
of Saco.                                                               captain), Tomas Littlefield, James Morse (co-captain), Colby
                                                                       Parker, Matt Perreault, Andrew Shaw, Keegan Sullivan, Tyler
READ.                                                                  Tanguay, Daniel Tarsetti, Tyler Tholl, John Trull (co-captain), and
                                                                       Doug Wilcox. The championship team's coach is Bob Davies
THE PRESIDENT: The Chair recognizes the Senator from York,             and the assistant coaches are Craig Agreste, Braden Clement
Senator Hobbins.                                                       and Ron Cote. We extend our congratulations and best wishes to
                                                                       the team members on this accomplishment;
Senator HOBBINS: Thank you, Madame President. Men and                                                       SLS 90
women of the Senate, as an alumnus of Thornton Academy, it
gives me extra special pleasure to introduce James Morse of            Sponsored by Senator HOBBINS of York.
Thornton Academy and congratulate him for being nominated as           Cosponsored by Senator: SULLIVAN of York, Representatives:
one of the ten semi-finalists for the 2009 Mr. Maine Basketball        CONNOR of Kennebunk, PILON of Saco, VALENTINO of Saco.
Award. This award is presented to one outstanding male
basketball player in the state at the end of his senior year of        READ.
playing basketball. The award, which is also the state's highest
basketball honor, recognizes the player's performance on the           THE PRESIDENT: The Chair recognizes the Senator from York,
court as well as his contribution to his team, basketball, and the     Senator Hobbins.
state of Maine. James was co-captain for Thornton Academy and
was instrumental in helping Thornton Academy boy's basketball          Senator HOBBINS: Thank you very much, Madame President. It
team win the 2009 Class A State Championship. Thornton                 gives me a great honor to present this Joint Order in honor of the
Academy finished the season with a 19 - 3 record. For James,           Thornton Academy basketball team for winning the State
this season was a very good one. He averaged 17 points per             championship for Class A Basketball. This was an honor for all of
game, 6 rebounds, 6 assists per game, and even 4 steals per            us who are alumnus of Thornton Academy, all the citizens of the
game. In addition to his nomination for Mr. Basketball, James          city of Saco, and we are very proud to have with us, as you
was also nominated for the Gatorade Player of the Year in the          mentioned, Thornton Academy's team and their coaches, which I
MacDonald's All American Game, which is a national award. He           think is a tremendous tribute to them. I must say that my good
also earned a spot on the first team of the Southern Maine             colleague, the Senator from Androscoggin, Senator Simpson,
Athletic Association and was the Most Valuable Player of the           was a very gracious loser, having cheered very hard for the
Western Maine Tournament. We are very proud of his                     Edward Little team. I would have to say that it was probably one
nomination to the Mr. Maine Basketball Award and, although we          of the hardest fought games that Thornton Academy had all year.
all wish he would have won the award, it was quite an honor for        I wish congratulations to both teams, but especially to my alma
Thornton Academy and for James and for all of the citizens of          mater, Thornton Academy. It gives me great pleasure to present
Saco that he was nominated for this award. I'm very pleased that       this Joint Order to the team. Thank you.
he is here today to accept this sentiment.
                                                                       THE PRESIDENT: The Chair recognizes the Senator from York,
PASSED.                                                                Senator Sullivan.

Sent down for concurrence.                                             Senator SULLIVAN: Thank you, Madame President. As an
                                                                       alumnus of Thornton Academy also, my class did not win one
THE PRESIDENT: The Chair is pleased to recognize in the rear           game our senior year in basketball. However, this is proof
of the chamber members of the Thornton Academy boy's                   positive that from Junior High at Saco Middle School, some of
basketball team with their co-captains James Morse and Michael         them are from other areas, middle school children do grow up to
Guerin and other distinguished members of the team as well as          be quite outstanding young men, and young women if they were
Thornton Academy teacher and coach Bob Davies, assistant               here. Some of the faces are very familiar. Public education and
                                                                       sports are so much a part of what makes America great. To each



                                                                     S-228
                                   LEGISLATIVE RECORD - SENATE, THURSDAY, MARCH 12, 2009



of you, I would ask you to revel in this day but remember that                   _________________________________
college awaits you. Schooling and education is a privilege and
please take care of it carefully. Thank you so much.                                          Ought to Pass
Congratulations to each and every one of you and to their fine
coaches.                                                             The Committee on TRANSPORTATION on Resolve, To Name
                                                                     the Gorham Bypass
PASSED.                                                                                          H.P. 236 L.D. 296

Sent down for concurrence.                                           Reported that the same Ought to Pass.

THE PRESIDENT: The Chair is pleased to recognize again the           Comes from the House with the Report READ and ACCEPTED
Thornton Academy Trojans, Class A Boy's Basketball State             and the Resolve PASSED TO BE ENGROSSED.
Champions; lead by their head coach Bob Davis. Would you
please stand again and accept our congratulations and greetings.     Report READ and ACCEPTED, in concurrence.

            _________________________________                        READ ONCE.

                 REPORTS OF COMMITTEES                               ASSIGNED FOR SECOND READING NEXT LEGISLATIVE
                                                                     DAY.
                             House
                                                                                 _________________________________
                     Change of Committee
                                                                                             Divided Report
The Committee on TRANSPORTATION on Bill "An Act To
Authorize a General Fund Bond Issue To Maintain Train Quiet          The Majority of the Committee on TRANSPORTATION on Bill
Zone Status in Millinocket"                                          "An Act To Require the Secretary of State To Provide Notice of
                                  H.P. 474 L.D. 660                  License Revocation or Suspension by Certified Mail"
                                                                                                         H.P. 42 L.D. 49
Reported that the same be REFERRED to the Committee on
APPROPRIATIONS AND FINANCIAL AFFAIRS.                                Reported that the same Ought Not to Pass.

Comes from the House with the Report READ and ACCEPTED               Signed:
and the Bill REFERRED to the Committee on
APPROPRIATIONS AND FINANCIAL AFFAIRS.                                Senators:
                                                                        DAMON of Hancock
Report READ and ACCEPTED, in concurrence.                               GOOLEY of Franklin

REFERRED to the Committee on APPROPRIATIONS AND                      Representatives:
FINANCIAL AFFAIRS, in concurrence.                                      MAZUREK of Rockland
                                                                        HOGAN of Old Orchard Beach
            _________________________________                           PEOPLES of Westbrook
                                                                        THERIAULT of Madawaska
                     Pursuant to Resolve                                CAREY of Lewiston
                                                                        ROSEN of Bucksport
The Committee on AGRICULTURE, CONSERVATION AND
FORESTRY on Bill "An Act Pertaining to the Breeding and Selling      The Minority of the same Committee on the same subject
of Dogs and Cats"                                                    reported that the same Ought To Pass as Amended by
                                  H.P. 666 L.D. 964                  Committee Amendment "A" (H-5).

Reported that the same be REFERRED to the Committee on               Signed:
AGRICULTURE, CONSERVATION AND FORESTRY, pursuant
to Resolve 2007, chapter 203, section 3.                             Representatives:
                                                                        HARLOW of Portland
Comes from the House with the Report READ and ACCEPTED                  BROWNE of Vassalboro
and the Bill REFERRED to the Committee on AGRICULTURE,                  THOMAS of Ripley
CONSERVATION AND FORESTRY.                                              CEBRA of Naples

Report READ and ACCEPTED, in concurrence.                            Comes from the House with the Majority OUGHT NOT TO PASS
                                                                     Report READ and ACCEPTED.
REFERRED to the Committee on AGRICULTURE,
CONSERVATION AND FORESTRY, in concurrence.                           Reports READ.




                                                                   S-229
                                    LEGISLATIVE RECORD - SENATE, THURSDAY, MARCH 12, 2009


On motion by Senator DAMON of Hancock, the Majority OUGHT            Bill "An Act To Amend the Occupancy Limits for Campsites in the
NOT TO PASS Report ACCEPTED, in concurrence.                         Unorganized Territories" (EMERGENCY)
                                                                                                       H.P. 113 L.D. 134
            _________________________________
                                                                     READ A SECOND TIME and PASSED TO BE ENGROSSED, in
                             Senate                                  concurrence.

                    Pursuant to Public Law                                       _________________________________

Senator NUTTING for the Committee on AGRICULTURE,                                          Senate As Amended
CONSERVATION AND FORESTRY on Bill "An Act To Implement
the Recommendations of the Commission To Study the                   Resolve, Authorizing the State Tax Assessor To Convey the
Protection of Farms and Farmland Pertaining to Taxation"             Interest of the State in Certain Real Estate in the Unorganized
                                  S.P. 371 L.D. 993                  Territory
                                                                                                           S.P. 39 L.D. 90
Reported that the same be REFERRED to the Committee on                                                     (C "A" S-4)
TAXATION, pursuant to Public Law 2007, chapter 649, section
11, subsection 6.                                                    READ A SECOND TIME and PASSED TO BE ENGROSSED AS
                                                                     AMENDED.
Report READ and ACCEPTED.
                                                                     Sent down for concurrence.
REFERRED to the Committee on TAXATION.
                                                                                 _________________________________
Sent down for concurrence.
                                                                                                ENACTORS
            _________________________________
                                                                     The Committee on Engrossed Bills reported as truly and strictly
                  Ought to Pass As Amended                           engrossed the following:

Senator BOWMAN for the Committee on INSURANCE AND                                          Emergency Measure
FINANCIAL SERVICES on Bill "An Act To Remove the Age
Restriction for Serving as a Corporator of a Mutual Financial        An Act To Modify the Maine Dental Education Loan Program
Institution"                                                                                           S.P. 63 L.D. 177
                                    S.P. 13 L.D. 4
                                                                     This being an Emergency Measure and having received the
Reported that the same Ought to Pass as Amended by                   affirmative vote of 34 Members of the Senate, with no Senators
Committee Amendment "A" (S-5).                                       having voted in the negative, and 34 being more than two-thirds
                                                                     of the entire elected Membership of the Senate, was PASSED TO
Report READ and ACCEPTED.                                            BE ENACTED and having been signed by the President, was
                                                                     presented by the Secretary to the Governor for his approval.
READ ONCE.
                                                                                 _________________________________
Committee Amendment "A" (S-5) READ and ADOPTED.
                                                                                                    Acts
ASSIGNED FOR SECOND READING NEXT LEGISLATIVE
DAY.                                                                 An Act To Allow School Buses To Travel at the Posted Speed
                                                                     Limit on the Interstate and the Maine Turnpike
            _________________________________                                                             H.P. 94 L.D. 110

All matters thus acted upon were ordered sent down forthwith for     An Act To Remove Game Sanctuary Status for Certain Lands in
concurrence.                                                         the Town of Orrington
                                                                                                    H.P. 108 L.D. 124
            _________________________________
                                                                     PASSED TO BE ENACTED and having been signed by the
                      SECOND READERS                                 President were presented by the Secretary to the Governor for his
                                                                     approval.
The Committee on Bills in the Second Reading reported the
following:                                                                       _________________________________

                             House




                                                                   S-230
                                   LEGISLATIVE RECORD - SENATE, THURSDAY, MARCH 12, 2009


                            Resolve                                 On motion by Senator BLISS of Cumberland, REFERRED to the
                                                                    Joint Select Committee on MAINE'S ENERGY FUTURE.
Resolve, To Rename the Father Curran Bridge in Augusta
                                 H.P. 53 L.D. 60                    Sent down for concurrence.

FINALLY PASSED and having been signed by the President was                      _________________________________
presented by the Secretary to the Governor for his approval.
                                                                    The Chair laid before the Senate the following Tabled and Later
            _________________________________                       (3/5/09) Assigned matter:

                        Senate at Ease.                             Bill "An Act To Amend the Alewife Fishing Laws"
                                                                                                        H.P. 130 L.D. 151
             Senate called to order by the President.
                                                                    Tabled - March 5, 2009, by Senator BARTLETT of Cumberland
            _________________________________
                                                                    Pending - PASSAGE TO BE ENGROSSED, in concurrence
                      Off Record Remarks
                                                                    (In House, February 26, 2009, PASSED TO BE ENGROSSED.)
            _________________________________
                                                                    (In Senate, March 5, 2009, READ A SECOND TIME.)
                    ORDERS OF THE DAY
                                                                    PASSED TO BE ENGROSSED, in concurrence.
                     Unfinished Business
                                                                                _________________________________
The following matters in the consideration of which the Senate
was engaged at the time of Adjournment had preference in the        The Chair laid before the Senate the following Tabled and Later
Orders of the Day and continued with such preference until          (3/10/09) Assigned matter:
disposed of as provided by Senate Rule 516.
                                                                    Bill "An Act To Rate Energy Efficiency and Carbon Emissions of
The Chair laid before the Senate the following Tabled and Later     Buildings"
(3/3/09) Assigned matter:                                                                                S.P. 357 L.D. 935

Bill "An Act To Protect Maine's Groundwater"                        Tabled - March 10, 2009, by Senator GOODALL of Sagadahoc
                                    H.P. 573 L.D. 837
                                                                    Pending - REFERENCE
Tabled - March 3, 2009, by Senator GOODALL of Sagadahoc
                                                                    (Committee on NATURAL RESOURCES suggested and ordered
Pending - REFERENCE                                                 printed.)

(In House, March 3, 2009, REFERRED to the Committee on              On motion by Senator GOODALL of Sagadahoc, REFERRED to
NATURAL RESOURCES and ordered printed.)                             the Committee on UTILITIES AND ENERGY.

On motion by Senator GOODALL of Sagadahoc, REFERRED to              Sent down for concurrence.
the Committee on NATURAL RESOURCES and ordered printed,
in concurrence.                                                                 _________________________________

            _________________________________                       The Chair laid before the Senate the following Tabled and Later
                                                                    (3/10/09) Assigned matter:
The Chair laid before the Senate the following Tabled and Later
(3/5/09) Assigned matter:                                           Bill "An Act To Combat Childhood Obesity through the Creation of
                                                                    Recreational and Athletic Fields"
Bill "An Act To Provide a Tax Deduction for Landlords Who                                             H.P. 632 L.D. 914
Complete Energy Audits on Rental Units"
                                   S.P. 333 L.D. 885                Tabled - March 10, 2009, by Senator NUTTING of Androscoggin

Tabled - March 5, 2009, by Senator PERRY of Penobscot               Pending - REFERENCE

Pending - REFERENCE                                                 (In House, March 10, 2009, REFERRED to the Committee on
                                                                    AGRICULTURE, CONSERVATION AND FORESTRY and
(Committee on TAXATION suggested and ordered printed.)              ordered printed.)




                                                                  S-231
                                     LEGISLATIVE RECORD - SENATE, THURSDAY, MARCH 12, 2009


On motion by Senator NUTTING of Androscoggin, REFERRED to            Bill "An Act To Provide a Strategic Planning Fund for Research
the Committee on AGRICULTURE, CONSERVATION AND                       and Development and Technology-related Companies"
FORESTRY and ordered printed, in concurrence.                                                             H.P. 686 L.D. 998

            _________________________________                        Bill "An Act To Streamline the Evaluation of Economic
                                                                     Development Programs"
The Chair laid before the Senate the following Tabled and Later                                          H.P. 687 L.D. 999
(3/10/09) Assigned matter:
                                                                     Come from the House, REFERRED to the Committee on
RESOLUTION, Proposing an Amendment to the Constitution of            BUSINESS, RESEARCH AND ECONOMIC DEVELOPMENT
Maine To Provide Constitutional Protection to the Funds              and ordered printed.
Generated by the Regional Greenhouse Gas Initiative
                                   H.P. 658 L.D. 956                 On motion by Senator SCHNEIDER of Penobscot, REFERRED to
                                                                     the Committee on BUSINESS, RESEARCH AND ECONOMIC
Tabled - March 10, 2009, by Senator GOODALL of Sagadahoc             DEVELOPMENT and ordered printed, in concurrence.

Pending - REFERENCE                                                              _________________________________

(In House, March 10, 2009, REFERRED to the Committee on              Out of order and under suspension of the Rules, the Senate
NATURAL RESOURCES and ordered printed.)                              considered the following:

On motion by Senator GOODALL of Sagadahoc, TABLED until                               PAPERS FROM THE HOUSE
Later in Today’s Session, pending REFERENCE.
                                                                                               House Paper
            _________________________________
                                                                     Bill "An Act To Amend the Provision Creating the Long-term Care
                       Off Record Remarks                            Partnership Program" (EMERGENCY)
                                                                                                         H.P. 688 L.D. 1000
            _________________________________
                                                                     Comes from the House, REFERRED to the Committee on
Out of order and under suspension of the Rules, the Senate           HEALTH AND HUMAN SERVICES and ordered printed.
considered the following:
                                                                     On motion by Senator BRANNIGAN of Cumberland, REFERRED
                  PAPERS FROM THE HOUSE                              to the Committee on HEALTH AND HUMAN SERVICES and
                                                                     ordered printed, in concurrence.
                          House Paper
                                                                                 _________________________________
Bill "An Act To Increase the Penalty for Keeping a Dangerous
Dog That Harms a Domesticated Animal"                                Out of order and under suspension of the Rules, the Senate
                                     H.P. 680 L.D. 988               considered the following:

Comes from the House, REFERRED to the Committee on                                    PAPERS FROM THE HOUSE
AGRICULTURE, CONSERVATION AND FORESTRY and
ordered printed.                                                                              House Papers

On motion by Senator NUTTING of Androscoggin, REFERRED to            Resolve, To Conduct an Updated Study of the Feasibility of
the Committee on AGRICULTURE, CONSERVATION AND                       Establishing a Single-payor Health Care System in the State
FORESTRY and ordered printed, in concurrence.                                                            H.P. 690 L.D. 1002

            _________________________________                        Resolve, Directing the Office of Program Evaluation and
                                                                     Government Accountability To Perform a Performance Evaluation
Out of order and under suspension of the Rules, the Senate           and Cost-benefit Analysis of the Dirigo Health Program
considered the following:                                                                                 H.P. 691 L.D. 1003

                  PAPERS FROM THE HOUSE                              Bill "An Act Relating to Self-insurance"
                                                                                                           H.P. 692 L.D. 1004
                          House Papers
                                                                     Bill "An Act To Continue Access to Dirigo Choice Health
Bill "An Act To Clarify the Limits of the Maine Uniform Building     Insurance by Reducing Administrative Costs and Replacing the
and Energy Code"                                                     Savings Offset Payment"
                                        H.P. 685 L.D. 997                                                H.P. 693 L.D. 1005




                                                                   S-232
                                     LEGISLATIVE RECORD - SENATE, THURSDAY, MARCH 12, 2009


Come from the House, REFERRED to the Committee on                Bill "An Act To Increase Consumer Choice for Wine"
INSURANCE AND FINANCIAL SERVICES and ordered printed.                                               H.P. 696 L.D. 1008

On motion by Senator BOWMAN of York, REFERRED to the             Come from the House, REFERRED to the Committee on LEGAL
Committee on INSURANCE AND FINANCIAL SERVICES and                AND VETERANS AFFAIRS and ordered printed.
ordered printed, in concurrence.
                                                                 On motion by Senator SULLIVAN of York, REFERRED to the
            _________________________________                    Committee on LEGAL AND VETERANS AFFAIRS and ordered
                                                                 printed, in concurrence.
Out of order and under suspension of the Rules, the Senate
considered the following:                                                    _________________________________

                  PAPERS FROM THE HOUSE                          Out of order and under suspension of the Rules, the Senate
                                                                 considered the following:
                          House Paper
                                                                                   PAPERS FROM THE HOUSE
Bill "An Act To Create the Probate and Trust Law Advisory
Commission"                                                                                House Paper
                                    H.P. 694 L.D. 1006
                                                                 Bill "An Act To Allow Lobster License Exemptions to Persons with
Comes from the House, REFERRED to the Committee on               Certain Medical Criteria"
JUDICIARY and ordered printed.                                                                       H.P. 697 L.D. 1009

On motion by Senator BLISS of Cumberland, REFERRED to the        Comes from the House, REFERRED to the Committee on
Committee on JUDICIARY and ordered printed, in concurrence.      MARINE RESOURCES and ordered printed.

            _________________________________                    On motion by Senator DAMON of Hancock, REFERRED to the
                                                                 Committee on MARINE RESOURCES and ordered printed, in
Out of order and under suspension of the Rules, the Senate       concurrence.
considered the following:
                                                                             _________________________________
                  PAPERS FROM THE HOUSE
                                                                 Out of order and under suspension of the Rules, the Senate
                          House Paper                            considered the following:

Bill "An Act Pertaining to the Retirement of Certain Oil and                       PAPERS FROM THE HOUSE
Hazardous Material Specialists"
                                      H.P. 695 L.D. 1007                                   House Papers

Comes from the House, REFERRED to the Committee on               Bill "An Act To Create a Statute of Limitations for Oil Discharge
LABOR and ordered printed.                                       Violations"
                                                                                                       H.P. 683 L.D. 991
On motion by Senator JACKSON of Aroostook, REFERRED to
the Committee on LABOR and ordered printed, in concurrence.      Resolve, To Require the Department of Environmental Protection
                                                                 To Review Its Rules Regarding Incinerators
            _________________________________                                                       H.P. 698 L.D. 1010

Out of order and under suspension of the Rules, the Senate       Bill "An Act To Improve Solid Waste Disposal Quality"
considered the following:                                                                            H.P. 699 L.D. 1011

                  PAPERS FROM THE HOUSE                          Come from the House, REFERRED to the Committee on
                                                                 NATURAL RESOURCES and ordered printed.
                          House Papers
                                                                 On motion by Senator GOODALL of Sagadahoc, REFERRED to
Bill "An Act To Allow for a Dual Liquor License"                 the Committee on NATURAL RESOURCES and ordered printed,
                                     H.P. 681 L.D. 989           in concurrence.

Bill "An Act To Increase the Preservation Time for Municipal                 _________________________________
Campaign Finance Reports"
                                    H.P. 682 L.D. 990            Out of order and under suspension of the Rules, the Senate
                                                                 considered the following:




                                                               S-233
                                   LEGISLATIVE RECORD - SENATE, THURSDAY, MARCH 12, 2009


                 PAPERS FROM THE HOUSE                               The Secretary opened the vote.

                         House Paper                                                          ROLL CALL (#15)

Bill "An Act To Increase Highway Safety by Requiring Daytime         YEAS:        Senators:     None
Headlight Use"
                                   H.P. 684 L.D. 992                 NAYS:        Senators:  ALFOND, BARTLETT, BLISS,
                                                                                  BOWMAN, BRANNIGAN, BRYANT, COURTNEY,
Comes from the House, REFERRED to the Committee on                                CRAVEN, DAMON, DAVIS, DIAMOND,
TRANSPORTATION and ordered printed.                                               GERZOFSKY, GOODALL, GOOLEY, HASTINGS,
                                                                                  HOBBINS, JACKSON, MARRACHE, MCCORMICK,
On motion by Senator DAMON of Hancock, TABLED until Later                         MILLS, NASS, NUTTING, PERRY, PLOWMAN,
in Today’s Session, pending REFERENCE.                                            RAYE, RECTOR, ROSEN, SCHNEIDER,
                                                                                  SHERMAN, SIMPSON, SMITH, SULLIVAN,
            _________________________________                                     TRAHAN, WESTON, THE PRESIDENT -
                                                                                  ELIZABETH H. MITCHELL
Out of order and under suspension of the Rules, the Senate
considered the following:                                            No Senator having voted in the affirmative and 35 Senators
                                                                     having voted in the negative, and none being less than two-thirds
                 PAPERS FROM THE HOUSE                               of the Membership present and voting, it was the vote of the
                                                                     Senate that the Committee’s recommendation be ACCEPTED
                         House Paper                                 and the nomination of Adam R. Cote of Portland for appointment
                                                                     to the Midcoast Regional Redevelopment Authority was
Bill "An Act To Establish the Maine Broadband Commission"            CONFIRMED.
(EMERGENCY)
                                     H.P. 700 L.D. 1012              The Secretary has so informed the Speaker of the House of
                                                                     Representatives.
Comes from the House, REFERRED to the Committee on
UTILITIES AND ENERGY and ordered printed.                                        _________________________________

On motion by Senator HOBBINS of York, REFERRED to the                The Chair laid before the Senate the following Tabled and Later
Committee on UTILITIES AND ENERGY and ordered printed, in            Today Assigned matter:
concurrence.
                                                                     NOMINATION - of Michael K. Mahoney of Cape Elizabeth for
            _________________________________                        appointment to the Finance Authority of Maine

                    ORDERS OF THE DAY                                Tabled - March 12, 2009, by Senator BARTLETT of Cumberland

The Chair laid before the Senate the following Tabled and Later      Pending - CONSIDERATION
Today Assigned matter:
                                                                     (In Senate, March 12, 2009, Communication (S.C. 107) from the
NOMINATION - of Adam R. Cote of Portland for appointment to          Committee on BUSINESS, RESEARCH AND ECONOMIC
the Midcoast Regional Redevelopment Authority                        DEVELOPMENT, READ and ORDERED PLACED ON FILE.)

Tabled - March 12, 2009, by Senator BARTLETT of Cumberland           The President laid before the Senate the following: "Shall the
                                                                     recommendation of the Committee on BUSINESS, RESEARCH
Pending - CONSIDERATION                                              AND ECONOMIC DEVELOPMENT be overridden?"

(In Senate, March 12, 2009, Communication (S.C. 106) from the        In accordance with 3 M.R.S.A., Chapter 6, Section 151, and with
                                                                                              th
Committee on BUSINESS, RESEARCH AND ECONOMIC                         Joint Rule 506 of the 124 Legislature, the vote was taken by the
DEVELOPMENT, READ and ORDERED PLACED ON FILE.)                       Yeas and Nays.

The President laid before the Senate the following: "Shall the       The Doorkeepers secured the Chamber.
recommendation of the Committee on BUSINESS, RESEARCH
AND ECONOMIC DEVELOPMENT be overridden?"                             The Secretary opened the vote.

In accordance with 3 M.R.S.A., Chapter 6, Section 151, and with                               ROLL CALL (#16)
                         th
Joint Rule 506 of the 124 Legislature, the vote was taken by the
Yeas and Nays.                                                       YEAS:        Senators:     None

The Doorkeepers secured the Chamber.




                                                                   S-234
                                   LEGISLATIVE RECORD - SENATE, THURSDAY, MARCH 12, 2009



NAYS:        Senators:  ALFOND, BARTLETT, BLISS,                      NAYS:        Senators:  ALFOND, BARTLETT, BLISS,
             BOWMAN, BRANNIGAN, BRYANT, COURTNEY,                                  BOWMAN, BRANNIGAN, BRYANT, COURTNEY,
             CRAVEN, DAMON, DAVIS, DIAMOND,                                        CRAVEN, DAMON, DAVIS, DIAMOND,
             GERZOFSKY, GOODALL, GOOLEY, HASTINGS,                                 GERZOFSKY, GOODALL, GOOLEY, HASTINGS,
             HOBBINS, JACKSON, MARRACHE, MCCORMICK,                                HOBBINS, JACKSON, MARRACHE, MCCORMICK,
             MILLS, NASS, NUTTING, PERRY, PLOWMAN,                                 MILLS, NASS, NUTTING, PERRY, PLOWMAN,
             RAYE, RECTOR, ROSEN, SCHNEIDER,                                       RAYE, RECTOR, ROSEN, SCHNEIDER,
             SHERMAN, SIMPSON, SMITH, SULLIVAN,                                    SHERMAN, SIMPSON, SMITH, SULLIVAN,
             TRAHAN, WESTON, THE PRESIDENT -                                       TRAHAN, WESTON, THE PRESIDENT -
             ELIZABETH H. MITCHELL                                                 ELIZABETH H. MITCHELL

No Senator having voted in the affirmative and 35 Senators            No Senator having voted in the affirmative and 35 Senators
having voted in the negative, and none being less than two-thirds     having voted in the negative, and none being less than two-thirds
of the Membership present and voting, it was the vote of the          of the Membership present and voting, it was the vote of the
Senate that the Committee’s recommendation be ACCEPTED                Senate that the Committee’s recommendation be ACCEPTED
and the nomination of Michael K. Mahoney of Cape Elizabeth for        and the nomination of Susan B. Snowden of Scarborough for
appointment to the Finance Authority of Maine was CONFIRMED.          reappointment to the Finance Authority of Maine was
                                                                      CONFIRMED.
The Secretary has so informed the Speaker of the House of
Representatives.                                                      The Secretary has so informed the Speaker of the House of
                                                                      Representatives.
            _________________________________
                                                                                  _________________________________
The Chair laid before the Senate the following Tabled and Later
Today Assigned matter:                                                The Chair laid before the Senate the following Tabled and Later
                                                                      Today Assigned matter:
NOMINATION - of Susan B. Snowden of Scarborough for
reappointment to the Finance Authority of Maine                       NOMINATION - of Cathy C. McKelway of Oakland for
                                                                      reappointment to the Maine Rural Development Authority
Tabled - March 12, 2009, by Senator BARTLETT of Cumberland
                                                                      Tabled - March 12, 2009, by Senator BARTLETT of Cumberland
Pending - CONSIDERATION
                                                                      Pending - CONSIDERATION
(In Senate, March 12, 2009, Communication (S.C. 108) from the
Committee on BUSINESS, RESEARCH AND ECONOMIC                          (In Senate, March 12, 2009, Communication (S.C. 109) from the
DEVELOPMENT, READ and ORDERED PLACED ON FILE.)                        Committee on BUSINESS, RESEARCH AND ECONOMIC
                                                                      DEVELOPMENT, READ and ORDERED PLACED ON FILE.)
The President laid before the Senate the following: "Shall the
recommendation of the Committee on BUSINESS, RESEARCH                 The President laid before the Senate the following: "Shall the
AND ECONOMIC DEVELOPMENT be overridden?"                              recommendation of the Committee on BUSINESS, RESEARCH
                                                                      AND ECONOMIC DEVELOPMENT be overridden?"
In accordance with 3 M.R.S.A., Chapter 6, Section 151, and with
                         th
Joint Rule 506 of the 124 Legislature, the vote was taken by the      In accordance with 3 M.R.S.A., Chapter 6, Section 151, and with
                                                                                               th
Yeas and Nays.                                                        Joint Rule 506 of the 124 Legislature, the vote was taken by the
                                                                      Yeas and Nays.
The Doorkeepers secured the Chamber.
                                                                      The Doorkeepers secured the Chamber.
The Secretary opened the vote.
                                                                      The Secretary opened the vote.
                         ROLL CALL (#17)
                                                                                               ROLL CALL (#18)
YEAS:        Senators:     None
                                                                      YEAS:        Senators:     None




                                                                    S-235
                                   LEGISLATIVE RECORD - SENATE, THURSDAY, MARCH 12, 2009



NAYS:        Senators:  ALFOND, BARTLETT, BLISS,
             BOWMAN, BRANNIGAN, BRYANT, COURTNEY,                     Senator COURTNEY of York was granted unanimous consent to
             CRAVEN, DAMON, DAVIS, DIAMOND,                           address the Senate off the Record.
             GERZOFSKY, GOODALL, GOOLEY, HASTINGS,
             HOBBINS, JACKSON, MARRACHE, MCCORMICK,                               _________________________________
             MILLS, NASS, NUTTING, PERRY, PLOWMAN,
             RAYE, RECTOR, ROSEN, SCHNEIDER,                          Senator NUTTING of Androscoggin was granted unanimous
             SHERMAN, SIMPSON, SMITH, SULLIVAN,                       consent to address the Senate off the Record.
             TRAHAN, WESTON, THE PRESIDENT -
             ELIZABETH H. MITCHELL                                                _________________________________

No Senator having voted in the affirmative and 35 Senators                                  Off Record Remarks
having voted in the negative, and none being less than two-thirds
of the Membership present and voting, it was the vote of the                      _________________________________
Senate that the Committee’s recommendation be ACCEPTED
and the nomination of Cathy C. McKelway of Oakland for                Out of order and under suspension of the Rules, the Senate
reappointment to the Maine Rural Development Authority was            considered the following:
CONFIRMED.
                                                                                       PAPERS FROM THE HOUSE
The Secretary has so informed the Speaker of the House of
Representatives.                                                                          Non-Concurrent Matter

            _________________________________                         Bill "An Act Regarding the Regulation of Agricultural Composting
                                                                      Operations"
                      Off Record Remarks                                                                  S.P. 115 L.D. 351

            _________________________________                         In Senate, February 3, 2009, REFERRED to the Committee on
                                                                      AGRICULTURE, CONSERVATION AND FORESTRY and
Senator MARRACHÉ of Kennebec was granted unanimous                    ordered printed.
consent to address the Senate off the Record.
                                                                      Comes from the House, REFERRED to the Committee on
            _________________________________                         NATURAL RESOURCES AND THE COMMITTEE ON
                                                                      AGRICULTURE, CONSERVATION AND FORESTRY and
Senator BARTLETT of Cumberland was granted unanimous                  ordered printed, in NON-CONCURRENCE.
consent to address the Senate off the Record.
                                                                      On motion by Senator NUTTING of Androscoggin, the Senate
            _________________________________                         RECEDED and CONCURRED.

Senator RAYE of Washington was granted unanimous consent to                       _________________________________
address the Senate off the Record.
                                                                      On motion by Senator BARTLETT of Cumberland,
            _________________________________                         ADJOURNED, pursuant to the Joint Order, to Tuesday, March
                                                                      17, 2009, at 10:00 in the morning.
Senator PLOWMAN of Penobscot was granted unanimous
consent to address the Senate off the Record.

            _________________________________

Senator DIAMOND of Cumberland was granted unanimous
consent to address the Senate off the Record.

            _________________________________

Senator DAMON of Hancock was granted unanimous consent to
address the Senate off the Record.

            _________________________________

Senator ALFOND of Cumberland was granted unanimous
consent to address the Senate off the Record.

            _________________________________



                                                                    S-236

								
To top