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Maine State Legislature MAINE STATE LEGISLATURE The following document is provided by the LAW AND LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library http://legislature.maine.gov/lawlib Reproduced from scanned originals with text recognition applied (searchable text may contain some errors and/or omissions) LEGISLATIVE RECORD OF THE One Hundred And Sixteenth Legislature OF THE State Of Maine VOLUME II FIRST REGULAR SESSION House of Representatives May 17, 1993 to July 14, 1993 LEGISLATIVE RECORD - HOUSE, HAY 26, 1993 Amendment "A" (H-425) in the House on May 25, 1993. (S.P. 292) (L.D. 862) Bill "An Act to Clarify Came from the Senate with the Majority ·Ought Mandatory Waiver Authority Concerning Construction Not to Pass· Report of the Committee on Legal Requirements" Committee on Judiciary reporting Affairs read and accepted in non-concurrence. ·Ought to Pass· as amended by Committee Amendment "A" (S-217) On motion of Representative Daggett of Augusta, the House voted to Insist. (S.P. 425) (L.D. 1334) Bill "An Act to Amend the Maine Civil Rights Act Regarding Violations of Constitutional Rights" Committee on Judiciary reporting ·Ought to Pass· as amended by Committee The following items appearing on Supplement No. 7 Amendment "A" (S-218) (Senator HANLEY of Oxford - of were taken up out of order by unanimous consent: the Senate - Abstained) SENATE PAPERS (S.P. 238) (L.D. 731) Bill "An Act to Ensure Small Boarding Homes Sufficient Funds to Remain Ought to Pass as Allended Economically Viable" Committee on H...... Resources reporting ·Ought to Pass· as amended by Committee Report of the Commi ttee on Judiciary reporti ng Amendment "A" (S-221) ·Ought to Pass· as amended by Committee Amendment "A" (S-214) on Bi 11 "An Act Establi shi ng an Indi gent Under suspension of the rules, Second Day Consent Defense Reimbursement Fund" (S.P. 174) (L.D. 588) Calendar notification was given, the Senate Papers were passed to be engrossed as amended in concurrence. Came from the Senate, wi th the report read and accepted and the Bill Passed to be Engrossed as amended by Committee Amendment "A" (S-214). The SPEAKER: The Chair recognizes the Report was read and accepted, the bill read once. Representative from Portland, Representative Rowe. Commi ttee Amendment "A" (S-214) was read by the Representat i ve ROWE: Mr. Speaker, havi ng voted Clerk and adopted. on the prevailing side, I move reconsideration of our Under suspension of the rules, the Bill was read action whereby the House voted to recede and concur a second time, passed to be engrossed as amended by on Bi 11 "An Act to Amend the Laws Governi ng Vendi ng Committee Amendment "A" (S-214) in concurrence. Machine Sales of Cigarettes" (H.P. 1060) (L.D. 1428). Mr. Speaker, Men and Women of the House: L.D. 1428 is a bill entitled "An Act to Amend the Laws Governing Vending Machine Sales of Cigarettes." This Ought to Pass as Allended has been amended wi th House Amendment "A" (H-427). There were a couple of changes to the original bill Report of the Commi ttee on Judi ciary reporting that I will explain. ·Ought to Pass· as amended by Commi ttee Amendment This bill was submitted by me to reduce the "A" (S-215) on Bill "An Act to Amend the Maine Human access by minors, specifically by individuals under Rights Act to Include Provisions Concerning the age of 18, to ci garettes in the State of Mai ne. Employment Discrimination" (S.P. 214) (L.D. 685) Current law prohibits the knowing distribution or sale of cigarettes by use of vending machines in Came from the Senate, with the report read and locations that are at all times under the direct accepted and the Bill Passed to be Engrossed as supervision by an adult during the hours the machines amended by Committee Amendment "A" (S-215). is accessible. L.D. 1428 as amended by House Amendment "A" would Report was read and accepted, the bill read once. change the law in the following ways. Number one, it Committee Amendment "A" (S-215) was read by the would make the law applicable to vending machines Clerk and adopted. sales of all tobacco products, not just cigarettes. Under suspension of the rules, the bill was read Number two, it would restrict the placement of a second time, passed to be engrossed as amended by cigarette vending machines to specific types of Committee Amendment IWI (S-215) in concurrence. facilities, facilities that individuals under the age of 18 do not frequent. Number three, it would require that vending machines be located inside the facility and be in the CONSENT CALENDAR p1 ai n vi ew of the person in charge and under the direct control of the person in charge. First Day Finally number four, the bill would change the civil penalties. Presently the civil penalty for In accordance with House Rule 49, the following violation of the act is a forfeiture of not less than items appeared on the Consent Calendar for the First $100 and no more than $500. Thi s bi 11, as amended, Day: woul d change it to the forfei ture of not 1ess than $100 and no more than $1,000 so it would raise the (S.P. 291) (L.D. 861) Bill "An Act to Amend the top end from $500 to $1,000, thus bringing the Laws Governing the Effect of a Tender in Foreclosure penalty here in line with the statute regarding the Actions" Committee on Judiciary reporting ·Ought knowing sale of tobacco products to minors, that is to Pass· as amended by Committee Amendment "A" Title 22 MRSA, section 1579. (S-216) I sponsored thi s bi 11 because the current H-975 LEGISLATIVE RECORD - HOUSE, HAY 26,. 1993 cigarette vending machine law in Maine is before you. Let me clarify that, I did misstate -­ inadequate. Presently, we do not have single there are nine states that have laws identical to individual in the state dedicated to enforcing the L.D. 1428 01'" almost identical. There are 21 states law. I checked with several departments including and Washington, D.C. that have restricted the the Di vi s i on of Li quor Enforcement and that was the placement of vending machines in some manner. concl us i on that I reached and no one can tell me I think this is an important bill. Again, I ask differently. you to look at the amendment with a filing number of I would encourage you to stop in at stores, H-427 and see what this does, I ask you to recall restaurants and motels and see for yourself if you when you go to restaurants, when you go to places of haven't already. Cigarette vending machines are busi ness and you see the vendi ng machi nes located placed in locations that are at all times under the around the corner. Lately, I have made an inspection direct supervision of an adult or that person in of several facilities and I can assure you that charge. vendi ng machi ne 1aws are not bei ng adhered to. I I also sponsored thi s 1egi slat i on because I know talked to a vending company owner about this, one of that many children purchase their first cigarette the largest in the state, and he acknowledged that from vending machines. How do I know this? Because there is a problem. In fact, he testified at the I have spoken wi th many youngsters myself. I have heari ng and, whil e he di dll' t agree wi th thi s bi 11, I also seen statistics that bear this out. did consult with him prior to putting the bill I won't belabor the point, you have heard a lot together and actually the bill, I thought, was a about the smoking bills in the last few days but I do compromi se by i ncorporat i"g some of hi s concerns but want to cover a couple of statistics that I think are he said, even though they place the machines, the important. Each year over 6,000 Maine children begin owner of the premi ses tell them where to place the to smoke before the age in which it is legal for them machines and that is where they place the machines. to purchase cigarettes, i.e., that age of 18. The I think we have a problem. I don't think this is overwhelming majority of Maine smokers began to smoke going to cost the state any money in terms of when they were teenagers. In fact, 96 percent of aggregate sales of tobacco products, I don't think male smokers are between the ages of 18 to 24 and 93 this is going to cost the state any money in terms of percent of women smokers in the state are between the lost revenue, in fact you may want to take a look at ages of 18 to 24. I don't think I articulated that the fi scal note that was done for thi s bill. Let me correctly -- let me say that again, 96 percent of the read you the fiscal note ,- it says, "The additional male smokers between the ages of 18 and 24 began to workload in administrative costs associated with a smoke when they were teenagers and 93 percent of the minimal number of new cases filed in the court system women smokers in the age group 18 to 24 began to can be absorbed wi thi n a budgeted resources of the smoke when they were teenagers.
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