Second special session



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LEGISLATIVE RECORD - HOUSE, April 12, 2004


ONE HUNDRED AND TWENTY-FIRST LEGISLATURE

SECOND SPECIAL SESSION

34th Legislative Day

Monday, April 12, 2004


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

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At this point, pursuant to his authority under House Rule 401.1, the Chair assigned Representative HATCH of Skowhegan to Seat 113 and Representative DUNLAP of Old Town to Seat 143.

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Prayer by Pastor James A. Wiley, Church Hill Baptist, Augusta.

National Anthem by Marie Pressman, Harpswell.

Pledge of Allegiance.

The Journal of Thursday, April 8, 2004 was read and approved.

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SENATE PAPERS

Non-Concurrent Matter

Resolve, Regarding Legislative Review of Portions of Chapter 1: Procedures and Portions of Chapter 3: Maine Clean Election Act and Related Provisions, Major Substantive Rules of the Commission on Governmental Ethics and Election Practices (EMERGENCY)

(H.P. 1392) (L.D. 1868)
(C. "A" H-835)

FINALLY PASSED in the House on April 7, 2004.

Came from the Senate PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-835) AS AMENDED BY SENATE AMENDMENT "A" (S-504) thereto AND SENATE AMENDMENT "A" (S-503) in NON-CONCURRENCE.

On motion of Representative RICHARDSON of Brunswick, TABLED FURTHER CONSIDERATION and later today assigned.

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COMMUNICATIONS

The Following Communication: (H.C. 393)



STATE OF MAINE

ONE HUNDRED AND TWENTY-FIRST LEGISLATURE

COMMITTEE ON Criminal Justice and Public Safety

April 5, 2004

Honorable Beverly C. Daggett, President of the Senate

Honorable Patrick Colwell, Speaker of the House

121st Maine Legislature

State House

Augusta, Maine 04333

Dear President Daggett and Speaker Colwell:

Pursuant to Joint Rule 310, we are writing to notify you that the Joint Standing Committee on Criminal Justice and Public Safety has voted unanimously to report the following bills out "Ought Not to Pass":

L.D. 617 An Act Amending the Time by Which a Sex Offender or Sexually Violent Predator Must Register

L.D. 1855 An Act To Implement the Recommendations of the Commission To Improve Community Safety and Sex Offender Accountability

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

Sincerely,

S/Sen. Ethan Strimling

Senate Chair

S/Rep. Patricia A. Blanchette

House Chair

READ and ORDERED PLACED ON FILE.

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The Following Communication: (H.C. 394)

STATE OF MAINE

ONE HUNDRED AND TWENTY-FIRST LEGISLATURE

COMMITTEE ON Agriculture, Conservation and Forestry

April 5, 2004

Honorable Beverly C. Daggett, President of the Senate

Honorable Patrick Colwell, Speaker of the House

121st Maine Legislature

State House

Augusta, Maine 04333

Dear President Daggett and Speaker Colwell:

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

L.D. 338 An Act to Stabilize the Maine Dairy Industry

L.D. 738 An Act To Save Maine Dairy Farms

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

Sincerely,

S/Sen. Bruce Bryant

Senate Chair

S/Rep. Linda Rogers McKee

House Chair

READ and ORDERED PLACED ON FILE.

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The Following Communication: (S.C. 571)

MAINE SENATE

121ST LEGISLATURE

OFFICE OF THE SECRETARY

3 STATE HOUSE STATION

AUGUSTA, MAINE 04333

April 8, 2004

Honorable Patrick Colwell

Speaker of the House

2 State House Station

Augusta, ME 04333

Dear Speaker Colwell:

In accordance with Joint Rule 506 of the 121st Maine Legislature, please be advised that the Senate today confirmed the following nominations:

Upon the recommendation of the Joint Standing Committee on Agriculture, Conservation and Forestry, the nominations of Carole Dyer for reappointment and Jeffrey A. Thaler for appointment to the Land For Maine's Future Board.

Upon the recommendation of the Joint Standing Committee on Business, Research and Economic Development, the nominations of Elizabeth Horning for reappointment and Carol A. Kontos for appointment to the Maine State Housing Authority; and John C. Witherspoon of Kingfield for appointment as the Chief Executive Officer of the Finance Authority of Maine.

Sincerely,

S/Joy J. O'Brien


Secretary of the Senate

READ and ORDERED PLACED ON FILE.

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ORDERS

On motion of Representative CRAVEN of Lewiston, the following Joint Resolution: (H.P. 1460) (Cosponsored by Senator EDMONDS of Cumberland and Representatives: CANAVAN of Waterville, HUTTON of Bowdoinham, KANE of Saco, NORTON of Bangor, O'BRIEN of Lewiston, PERCY of Phippsburg, PERRY of Calais, WALCOTT of Lewiston)



JOINT RESOLUTION IN RECOGNITION AND SUPPORT OF MAINE'S DIRECT SUPPORT PROFESSIONAL WORKFORCE

WHEREAS, there are more than 19,300 people in the State who have mental retardation or some other developmental disability as defined by the Federal Government. More than 5,000 of these people are receiving support through the Department of Behavioral and Developmental Services; and

WHEREAS, people with mental retardation or other developmental disabilities have substantial limitations on their functional capacities, including limitations in 2 or more of the following areas: self-care, receptive and expressive language, learning, mobility, self-direction, independent living and economic self-sufficiency; and

WHEREAS, for the last 20 years, people in the State with mental retardation or other developmental disabilities have expressed a desire to live and work within their communities; and

WHEREAS, the State continues to uphold the United States Supreme Court's integration mandate of the federal Americans with Disabilities Act of 1990 in Olmstead v. L. C. and E. W. and affirms the right of people with mental retardation or other developmental disabilities to receive community-based services instead of institutional care; and

WHEREAS, our Nation's long-term care delivery system is dependent upon an array of disparate public and private funding sources and is not a conventional industry, but rather is financed primarily through 3rd-party insurers; and

WHEREAS, the demand for direct support professionals will continue to increase as family caregivers age, people with mental retardation or other developmental disabilities live longer, waiting lists for services grow and types of services expand; and

WHEREAS, direct support professionals provide a wide range of support services to people with mental retardation or other developmental disabilities on a day-to-day basis, including habilitation, health needs, personal care and hygiene, employment needs, transportation, recreation and housekeeping and other home management-related supports and services, so that these people can live and work in their communities; and

WHEREAS, direct support professionals assist individuals with mental retardation or other developmental disabilities in leading self-directed family, community and social lives; and

WHEREAS, private providers and the people for whom they provide supports and services are in jeopardy as a result of the growing crisis in recruiting and retaining a direct support professional workforce; and

WHEREAS, private providers who employ direct support professionals typically draw from a labor market that offers other entry-level jobs that provide less physically and emotionally demanding work and higher pay and other benefits; and

WHEREAS, high rates of employee vacancies and turnover threaten the ability of private providers to achieve their goal to provide safe and high-quality supports to people with mental retardation or other developmental disabilities; and

WHEREAS, this workforce shortage is the most significant barrier to fully implementing the United States Supreme Court Olmstead decision, undermines the expansion of community integration as called for by President Bush's New Freedom Initiative and places community support and the community support infrastructure at risk; now, therefore, be it

RESOLVED: That We, the Members of the One Hundred and Twenty-first Legislature of the State of Maine now assembled in the Second Special Session, on behalf of the people we represent, acknowledge that building a stable and well-trained direct support workforce to provide supports and services to people with mental retardation or other developmental disabilities is important to advancing the State's commitment to community integration for those people and to the personal security for them and their families; and be it further

RESOLVED: That suitable copies of this resolution, duly authenticated by the Secretary of State, be transmitted to Governor John E. Baldacci and Sabra Burdick, Acting Commissioner of Behavioral and Developmental Services and for appropriate distribution throughout the State.

READ

The SPEAKER: The Chair recognizes the Representative from Lewiston, Representative Craven.

Representative CRAVEN: Mr. Speaker, Men and Women of the House. I first want to thank Speaker Colwell for allowing me to place this item on the calendar at this late date in the session. Julie Molar who is a student of social and behavioral sciences at USMLA and as part of a class project conceived this Joint Resolution. Julie is in the balcony today observing the results of her handy work.

This Joint Resolution couldn't be timelier. Historically direct support professionals work in stressful situations for extremely low pay. Current cuts in the Governor's budget have put direct-care workers in an even more precarious position. I would appreciate the extraordinary work the Appropriations Committee members have done for this past two weeks to reduce the proposed harm. The remaining cuts are certainly a hardship to this group of workers. Direct service professionals are underpaid and overworked. They are the people that care for our aging parents and grandparents, some of whom live in nursing homes and some receive support in their own homes. They are the people with disabilities who are not able to manage on their own. They support people with mental health and mental retardation. The nature of their jobs is inordinately stressful and under compensated.

Furthermore, they are now working in agencies that are at risk for major layoffs or of closure. It is a sad reflection on our society that we place such low value on our most vulnerable populations and on the people who care for them. Please join me and I thank you for joining me in the recognition and support of Maine's direct support professionals. Thank you Mr. Speaker.

The SPEAKER: The Chair recognizes the Representative from Rockland, Representative McNeil.

Representative MCNEIL: Mr. Speaker, Ladies and Gentlemen of the House. I would like to thank the Representative from Lewiston, Representative Craven, and all of the other sponsors of this bill. As many of you know, I am the sister of a severely handicapped, mentally and physically handicapped, brother and without the people that this bill refers to, I would not be able to keep my brother at home. I would not be able to love him and care for him in the way that I would want to. My family and I thank you all for putting this in.

Subsequently, was ADOPTED.

Sent for concurrence.

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SPECIAL SENTIMENT CALENDAR

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



In Memory of:

Specialist E-4 Jeremiah Holmes, of North Berwick, a member of the New Hampshire Army National Guard 744th Transportation Company. Known by his family and friends as Jay, he was killed in Iraq while in service to his Nation. Jay was a graduate of Noble High School and served in the United States Army for 4 and a half years in addition to serving 4 and a half years in the New Hampshire Army National Guard. He is survived by his loving wife Kimberly, his beloved son Kaleb, his family and his many friends and neighbors. We acknowledge his ultimate sacrifice for his community, his State and his Nation. He will be long remembered by all who knew and loved him;

(SLS 648)

On OBJECTION of Representative LANDRY of Sanford, was REMOVED from the Special Sentiment Calendar.



READ.

The SPEAKER: The Chair recognizes the Representative from Sanford, Representative Landry.

Representative LANDRY: Mr. Speaker, Ladies and Gentlemen of the House. I appreciate your indulgence at this busiest of times. I wanted to speak to this particular sentiment because it is pretty close to home in many ways. I was allowed to write a letter to the soldiers and their families and have this letter added to their welcome home packages. Every soldier returning from Iraq or Afghanistan in Maine upon their return received a freedom package and it has all sorts of things in it, but I asked the adjutant general's permission and obtained his permission to have this letter added. I would like to read this letter to you, if I may, to give you something to think about in addition to all the things that we are working with. I feel that we need to take a minute of our busy schedule and our busy minds to honor these people and to at least acknowledge their existence and the sacrifices they are making every day on our behalf thousands of miles away.

I will read this letter to you.

"Dear Soldier and Family, Please allow me to express my thoughts to you as you become reunited with your families and return to your homes. You have just completed a long period of trial in your lives, one that I , too, have experienced and know that you will never forget. In the coming months and years you will have ample opportunity to reflect on this time. Some of your memories will make you smile and some may bring you pain. It is for those dark times, that I would like to leave you with a few thoughts to ponder and hopefully they will help you through those darker days.

Remember who you are and where you came from. You are the proud sons, daughters, fathers, mothers, brothers and sisters of Mainers, the salt of the New England soil. You are the warriors that went freely into harms way so that we could be assured of the freedoms, which, we cherish so much, but all too often fail to appreciate. You left your homes, your loving families and your jobs to risk everything you have come to know as a way of life, on our behalf. You are the winners of our hearts, because of all you have accomplished. You are, by anyone's definition, veterans deserving of all the praise and glory that we can muster to bestow upon you.

When you glance down at the ribbons that have been above your hearts, be proud. Know what you did to earn those decorations, and never lose sight of their value to their soul. Years from now as you sit on a lawn chair and watch the Veteran's Day Parade in your town, you will know that it is you that is being honored. My it humble you and make you a far better person. You have been called by many names by many people, but I call you a hero. Whether you were in the heat of combat when training and instinct took control of your actions, or whether you sat nervously watching the news in the secure comfort of your living room. You have been through the storm and you're home.

On behalf of the 121st Legislature and the free people of Maine, I want to be among the first to say welcome home and thank you. Thank you for all the sacrifices that you have made in the name of freedom. Thank you for making us proud to call you our neighbors, our protectors, our warriors, our veterans and our heroes. May God bless you."

May God bless you Jeremy Holmes. Thank you.

Subsequently was ADOPTED in concurrence.

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REPORTS OF COMMITTEE

Ought to Pass Pursuant to Joint Order

Report of the Joint Standing Committee on Education and Cultural Affairs on Bill "An Act Regarding the Continued Provision of Free and Appropriate Public Education for Eligible Children of Kindergarten Age"

(S.P. 801) (L.D. 1960)

Reporting Ought to Pass pursuant to Joint Order 2004, S.P. 680.

Came from the Senate with the Report READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED.

Report was READ and ACCEPTED. The Bill READ ONCE.

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

Under further suspension of the rules, the Bill was PASSED TO BE ENGROSSED in concurrence. ORDERED SENT FORTHWITH.

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Divided Report

Majority Report of the Committee on TAXATION reporting Ought to Pass as Amended by Committee Amendment "A" (S-392) on Bill "An Act To Make Retirement Benefits More Equitable by Imposing a Surcharge on Income from Congressional Retirement Benefits"

(S.P. 616) (L.D. 1684)

Signed:


Senators:
STANLEY of Penobscot
STRIMLING of Cumberland
NASS of York
Representatives:
TARDY of Newport
McCORMICK of West Gardiner
COURTNEY of Sanford
LERMAN of Augusta
Minority Report of the same Committee reporting Ought Not to Pass on same Bill.

Signed:


Representatives:
LEMOINE of Old Orchard Beach
McGOWAN of Pittsfield
SUSLOVIC of Portland
SIMPSON of Auburn
PERRY of Bangor
CLOUGH of Scarborough

Came from the Senate with the Majority OUGHT TO PASS AS AMENDED Report READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (S-392).



READ.

Representative LEMOINE of Old Orchard Beach moved that the House ACCEPT the Minority Ought Not to Pass Report.

On further motion of the same Representative, TABLED pending his motion to ACCEPT the Minority Ought Not to Pass Report and later today assigned.

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ENACTORS

Emergency Measure

An Act to Require that Patients in Private Mental Hospitals Be Afforded the Same Rights As Patients in State Mental Institutions

(S.P. 79) (L.D. 156)
(C. "A" S-482)

Reported by the Committee on Engrossed Bills as truly and strictly engrossed. This being an emergency measure, a two-thirds vote of all the members elected to the House being necessary, a total was taken. 128 voted in favor of the same and 0 against, and accordingly the Bill was PASSED TO BE ENACTED, signed by the Speaker and sent to the Senate.

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Emergency Measure

An Act To Amend the Motor Vehicle Laws

(S.P. 632) (L.D. 1700)
(H. "C" H-865 to C. "A" S-473)

Reported by the Committee on Engrossed Bills as truly and strictly engrossed. This being an emergency measure, a two-thirds vote of all the members elected to the House being necessary, a total was taken. 129 voted in favor of the same and 1 against, and accordingly the Bill was PASSED TO BE ENACTED, signed by the Speaker and sent to the Senate.

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Emergency Measure

An Act To Establish Family Fishing Days

(S.P. 768) (L.D. 1932)
(C. "A" S-485)

Reported by the Committee on Engrossed Bills as truly and strictly engrossed. This being an emergency measure, a two-thirds vote of all the members elected to the House being necessary, a total was taken. 130 voted in favor of the same and 1 against, and accordingly the Bill was PASSED TO BE ENACTED, signed by the Speaker and sent to the Senate.

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By unanimous consent, all matters having been acted upon were ORDERED SENT FORTHWITH.

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Emergency Measure

An Act To Make Additional Allocations from the Highway Fund and Other Funds for the Expenditures of State Government and To Change Certain Provisions of State Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2004 and June 30, 2005

(S.P. 769) (L.D. 1934)
(C. "A" S-487)

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

On motion of Representative RICHARDSON of Brunswick, TABLED pending PASSAGE TO BE ENACTED and later today assigned.

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Emergency Measure

An Act To Create the Starboard Water District

(S.P. 770) (L.D. 1935)
(C. "A" S-484)

Reported by the Committee on Engrossed Bills as truly and strictly engrossed. This being an emergency measure, a two-thirds vote of all the members elected to the House being necessary, a total was taken. 133 voted in favor of the same and 0 against, and accordingly the Bill was PASSED TO BE ENACTED, signed by the Speaker and sent to the Senate.

_________________________________
Emergency Measure

An Act To Allow Upgrading of Educational Technicians

(S.P. 781) (L.D. 1944)
(C. "A" S-500)

Reported by the Committee on Engrossed Bills as truly and strictly engrossed. This being an emergency measure, a two-thirds vote of all the members elected to the House being necessary, a total was taken. 132 voted in favor of the same and 0 against, and accordingly the Bill was PASSED TO BE ENACTED, signed by the Speaker and sent to the Senate.

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Emergency Measure

Resolve, Regarding Legislative Review of Portions of Chapter 299: Highway Driveway and Entrance Rules, a Major Substantive Rule of the Department of Transportation

(H.P. 1443) (L.D. 1943)

Reported by the Committee on Engrossed Bills as truly and strictly engrossed. This being an emergency measure, a two-thirds vote of all the members elected to the House being necessary, a total was taken. 124 voted in favor of the same and 5 against, and accordingly the Resolve was FINALLY PASSED, signed by the Speaker and sent to the Senate.

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By unanimous consent, all matters having been acted upon were ORDERED SENT FORTHWITH.

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Emergency Mandate

An Act To Change the Names of Certain Townships in the Unorganized Territory

(H.P. 1425) (L.D. 1925)
(C. "A" H-812; S. "A" S-492)

Reported by the Committee on Engrossed Bills as truly and strictly engrossed. In accordance with the provisions of Section 21 of Article IX of the Constitution, a two-thirds vote of all the members elected to the House being necessary, a total was taken. 127 voted in favor of the same and 7 against, and accordingly the Bill was PASSED TO BE ENACTED, signed by the Speaker and sent to the Senate.

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