House, April 12, 1993

MAINE STATE LEGISLATURE

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LEGISLATIVE RECORD

OF THE One Hundred And Sixteenth Legislature

OF THE State Of Maine

VOLUME I

FIRST REGULAR SESSION

House of Representatives December 2, 1992 to May 13, 1993 LEGISLATIVE RECORD - HOUSE, APRIL 12, 1993

ONE HUNDRED AND SIXTEENTH MAINE LEGISLATURE Secretary of the Senate FIRST REGULAR SESSION 38th Legislative Day Was read and ordered placed on file. Monday, April 12, 1993 The House met accordi ng to adj ournment and was called to order by the Speaker. PETITIONS. BILLS All) RESOLVES Prayer by Pastor Kenneth MacDonald, li sbon Falls REQUIRING REFERENCE Baptist Church. National Anthem by the Woodland High School Band. The following Bills were received and, upon the The Journal of Thursday, April 8, 1993, was read recommendation of the Committee on Reference of and approved. Bills, were referred to the following Committees, Ordered Printed and Sent up for Concurrence: Aging. Retirewnt and Veterans SENATE PAPERS Bill "An Act Related to Disability Retirement The following Communication: under the Maine State Retirement System" (H.P. 921) (L.D. 1245) (Presented by Representative TUFTS of Maine State Senate Stockton Springs) (Submitted by the Maine State Augusta, Maine 04333 Retirement System pursuant to Joint Rule 24.) Apri 1 8, 1993 Bi 11 "An Act to Amend Laws Admi ni stered by the Maine State Reti rement System" (H.P. 922) (L.D. 1246) Honorable Joseph W. Mayo (Presented by Representative BARTH of Bethel) Clerk of the House (Cosponsored by Representative: VIGUE of Winslow, State House Station 2 Senator: TITCOMB of Cumberland) (Submitted by the Augusta, Maine 04333 Maine State Retirement System pursuant to Joint Rule 24. ) Dear Clerk Mayo: Ordered Printed. Pl ease be advi sed that the 'Senate today Adhered to Sent up for Concurrence. its previ ous action whereby it Fai 1ed to Enact Bi 11 "An Act to Preserve the Pub li c Advocate's Participation in Residual Market Deficit Proceedings at the Bureau of Insurance" (EMERGENCY) (H.P. 50) Energy and Natural Resources (L.D. 66) Bill "An Act to Protect Leaseholders" (H.P. 920) Sincerely, (L.D. 1244) (Presented by Representative TUFTS of Stockton Springs) (Cosponsored by Representatives: S/Joy J. O'Brien DONNELLY of Presque Isle, KNEELAND of Easton) Secretary of the Senate Ordered Pri nted. Was read and ordered placed on file. Sent up for Concurrence.

The following Communication: Judiciary Maine State Senate Bill "An Act to Add Legal Damages to the Remedies Augusta, Maine 04333 under the Maine Unfair Trade Practices Act" (H.P. 912) (L.D. 1236) (Presented by Representative April 8, 1993 MITCHELL of Vassalboro) (Cosponsored by Representat i ves: COTE of Auburn, LIPMAN of Augusta, The Honorable John L. Martin PARADIS of Augusta, Senator: CONLEY of Cumberland) Speaker of the House 116th Legislature Bill "An Act Concerning Child Sexual Abuse Laws" Augusta, Maine 04333 (H.P. 919) (L.D. 1243) (Presented by .Representative CLARK of Millinocket) (Cosponsored by Dear Speaker Martin: Representatives: CATHCART of Orono, HOLT of Bath, JACQUES of Waterville, MORRISON of Bangor, TRACY of In accordance with Joint Rule 38, please be Rome, VIGUE of Winslow, Senator: VOSE of Washington) advised that the Senate today confirmed, upon the recommendation of the Joint Standing Committee on Ordered Printed. Judiciary, Leigh Ingalls Saufley of Portland for Sent up for Concurrence. appointment as a Justice of the Maine Superior Court. Sincerely, Legal Affairs S/Joy J. O'Bden

H-455 LEGISLATIVE RECORD - HOUSE, APRIL 12, 1993

Bill "An Act Concerning State Claims" (H.P. 911) Fairfield, tabled pending acceptance of the Report (L. D. 1235) (Presented by Representative MELENDY of and later today assigned. Rockland) (Cosponsored by Representatives: BOWERS of Washington, DAGGETT of Augusta)

Bill "An Act to Exclude Certain Parks from the ORDERS Definition of Mobile Home Parks" (H.P. 913) (L.D. 1237) (Presented by Representative KNEELAND of Later Today Assigned Easton) (Cosponsored by Representatives: ANDERSON of Woodland, MacBRIDE of Presque Isle, TUFTS of Stockton On motion of Representative STEVENS of Orono, the Springs, Senator: LUDWIG of Aroostook) following Joint Resolution: (H.P. 923) (Cosponsored by Senator O'DEA of Penobscot, Representative Bill "An Act to Reform Campai gn Fi nanci ng in CATHCART of Orono and Representatives: ADAMS of State Elections" (H.P. 914) (L.D. 1238) (Presented by Portland, AHEARNE of Madawaska, AIKMAN of Poland, Representative BENNETT of Norway) ALIBERTI of Lewi ston, ANDERSON of Woodl and, AUL T of Wayne, BAILEY of Township 27, BAILEY of Farmington, Bill "An Act Concerning Concealed Weapon Permits" BARTH of Bethel, BEAM of Lewiston, BENNETT of Norway, (H.P. 918) (L.D. 1242) (Presented by Representative BOWERS of Washi ngton, BRENNAN of Portland, BRUNO of HALE of Sanford) (Cosponsored by Representatives: Raymond, CAMERON of Rumford, CAMPBELL of Holden, GRAY of Sedgwick, TOWNSEND of Eastport, TRACY of CARLETON of Wells, CARON of Biddeford, CARR of Rome) Sanford, CARROLL of Gray, CASHMAN of Old Town, CHASE of China, CHONKO of Topsham, CLARK of Millinocket, Ordered Printed. CLEMENT of Clinton, CLOUTIER of South Portland, Sent up for Concurrence. CLUKEY of Houlton, COFFMAN of Old Town, COLES of Harpswell, CONSTANTINE of Bar Harbor, COTE of Auburn, CROSS of Dover-Foxcroft, DAGGETT of Augusta, DEXTER of Kingfield, DiPIETRO of South Portland, DONNELLY of Taxation Presque Isle, DORE of Auburn, DRISCOLL of Calais, DUTREMBLE of Bi ddeford, ERWIN of Rumford, FAIRCLOTH Bi 11 "An Act to Establ i sh a Uniform Method for of Bangor, FARNSWORTH of Hallowell, FARNUM of South Taxation of Personal Property" (H.P. 910) (L.D. 1234) Berwick, FARREN of Cherryfield, FITZPATRICK of (Presented by Representative FARNSWORTH of Hallowell) Durham, FOSS of Yarmouth, GAMACHE of Lewiston, GEAN of Alfred, GOULD of Greenville, GRAY of Sedgwick, Bi 11 "An Act to Amend the Charter of the East GREENLAW of Standish, GWADOSKY of Fairfield, HALE of Pittston Water District" (EMERGENCY) (H.P. 915) (L.D. Sanford, HATCH of Skowhegan, HEESCH EN of Wilton, 1239) (Presented by Representative FARNSWORTH of HEINO of Boothbay, HICHBORN of Howland, HILLOCK of Hallowell ) Gorham, HOGLUND of Portland, HOLT of Bath, HUSSEY of Milo, JACQUES of Waterville, JALBERT of Lisbon, Bi 11 "An Act to Increase the Stabi 1i ty of the JOHNSON of South Portland, JOSEPH of Watervill e, JOY State Sales Tax" (H.P. 916) (L.D. 1240) (Presented by of Island falls, KERR of Old Orchard Beach, KETTERER Representative NADEAU of Saco) of Madison, KILKELLY of Wiscasset, KNEELAND of Easton, KONTOS of Windham, KUTASI of Bridgton, Bill "An Act to Amend the Laws Rel ated to the LARRIVEE of Gorham, LEMKE of Westbrook, LEMONT of Taxation of Personal Property" (H.P. 917) (L.D. 1241) Kittery, LIBBY of Kennebunk, LIBBY of Buxton, LINDAHL (Presented by Representative NADEAU of Saco) of Northport, LIPMAN of Augusta, LOOK of Jonesboro, (Cosponsored by Representatives: CARROLL of Gray, LORD of Waterboro, MacBRIDE of Presque Isle, MARSH of CLARK of Millinocket, DiPIETRO of South Portland, West Gardiner, MARSHALL of Eliot, MARTIN of Van GWADOSKY of Fairfield, HOGLUND of Portland, KERR of Buren, MARTIN of Eagl e Lake, MELENDY of Rockl and, 01 d Orchard Beach, PLOURDE of Bi ddeford, STROUT of MICHAEL of Auburn, MICHAUD of East Millinocket, Corinth, SULLIVAN of Bangor, TARDY of Palmyra, MITCHELL of Vassalboro, MITCHELL of Freeport, Senators: CAREY of Kennebec, ESTY of Cumberland) MORRISON of Bangor, MURPHY of Berwick, NADEAU of Saco, NASH of Camden, NICKERSON of Turner, NORTON of Ordered Pri nted. Wi nthrop, 0' GARA of Westbrook, OLIVER of Portland, Sent up for Concurrence. OTT of York, PARADIS of Augusta, PENDEXTER of Scarborough, PENDLETON of Scarborough, PFEIFfER of Brunswick, PINEAU of Jay, PINETTE of Fort Kent, PLOURDE of Bi ddeford, PLOWMAN of Hampden, POULIN of Reported Pursuant to the Constitution Oakland, POULIOT of Lewiston, QUINT of Paris, RAND of Portland, REED of Falmouth, REED of Dexter, Representative MICHAUD for the Legislative RICHARDSON of Portland, RICKER of Lewiston, ROBICHAUD Apportionment Commission, pursuant to the of Caribou, ROTONDI of Athens, ROWE of Portland, Constitution of Maine, Article IV, Part Third, RUHLIN of Brewer, RYDELL of Brunswick, SAXL of Section l-A ask leave to submit its findings and to Bangor, SIMONDS of Cape Elizabeth, SIMONEAU of report the accompanying Bill "An Act to Apportion the Thomaston, SKOGLUND of St. George, SMALL of Bath, State's Senate, House of Representatives and SPEAR of Nobleboro, S1. ONGE of Greene, STEVENS of Congressional Districts" (H.P. 883) (L.D. 1197) Sabattus, STROUT of Corinth, SULLIVAN of Bangor, SWAZEY of Bucksport, TARDY of Palmyra, TAYLOR of Report was read. Cumberland, THOMPSON of Lincoln, TOWNSEND of Portland, TOWNSEND of Eastport, TOWNSEND of Canaan, On motion of Representative Gwadosky of TRACY of Rome, TREAT of Gardiner, TRUE of Fryeburg,

H-456 LEGISLATIVE RECORD - HOUSE, APRIL 12, 1993

TUFTS of Stockton Spri ngs, VIGUE of Wi ns low, WALKER of Blue Hill, WENTWORTH of Arundel, WHITCOMB of RESOLVED: That suitable copies of this Waldo, WINN of Glenburn, YOUNG of Limestone, resolution, duly authenticated by the Secretary of ZIRNKILTON of Mount Desert, Senators: AMERO of State, be transmitted to each member of the team and Cumberland, BALDACCI of Penobscot, BEGLEY of Lincoln, the coaching staff and to the President of the BERUBE of Androscoggin, BRANNIGAN of Cumberland, University of Maine at Orono. BUSTIN of Kennebec, BUT LAND of Cumberland, CAHILL of Sagadahoc, CAREY of Kennebec, CARPENTER of York, On motion of Representative Stevens of Orono, CIANCHETTE of Somerset, CLEVELAND of Androscoggin, under suspension of the rules, tabled pending reading CONLEY of Cumberland, DUTREMBLE of York, ESTY of and later today assigned. Cumberland, FOSTER of Hancock, GOULD of Waldo, HALL of Piscataquis, HANDY of Androscoggin, HANLEY of Oxford, HARRIMAN of Cumberland, KIEFFER of Aroostook, LAWRENCE of York, LUDWIG of Aroostook, lUTHER of SPECIAL SENTItEtIT CALEIIIAR Oxford, MARDEN of Kennebec, McCORMICK of Kennebec, PARADIS of Aroostook, PEARSON of Penobscot, PINGREE In accordance wi th House Rul e 56 and Joi nt Ru1 e of Knox, SUMMERS of Cumberland, TITCOMB of 34, the following item: Cumberland, VOSE of Washington, WEBSTER of Franklin) Recognizing: JOINT RESOLUTION HONORING THE UNIVERSITY OF MAINE BLACK BEARS HOCKEY TEAM Shawn Walsh, whose outstanding abilHy as coach of the University of Maine Ice Hockey Team has led WHEREAS, the University of Maine'S hockey team the Maine Black Bears to a proud and thrilling has capped a record-breaki ng season by wi nni ng the victory in the NCAA 1993 Ice Hockey Championship. National Collegiate Athletic Association Division 1 Coach Walsh's devoted efforts to building a strong championship and bringing home to Maine the first team and cultivating school and community support Division 1 team championship of any kind; and contributed to the team's high performance and made the B1 ack Bears the fi rst Mai ne team to wi n a NCAA WHEREAS, in a 42-1-2 season filled with glorious Division I title. We, the members of the moments, the B1 ack Bears saved the best for 1ast, Legi s 1ature, and the ci t i zens of thi s State, wi sh to combining their renowned speed and depth, their express our pride in 'your success and extend our discipline and their creativity with an extraordinary congratulations on your ultimate coaching demonstration of teamwork and perseverance; and achievement; (HlS 231) by Representative CAMPBEll of Holden. (Cosponsors: Senator O'DEA of Penobscot, WHEREAS, many members of this team achieved Representative CATHCART of Orono, Representative significant individual milestones during the STEVENS of Orono) championship series, but never lost sight of their shared dream; and On motion of Representative Campbell of Holden, was removed from the Special Sentiment Calendar. WHEREAS, along the way to their championship, this team of young men comprised of Reg Cardinal, On further motion of the same Representative, Barry C1 ukey, Mi ke Dunham, Eri c Fenton, Chri s under suspension of the rules, tabled pending reading Ferraro, Peter Ferraro, Tony Frenette, Craig Gwinn, and later today assigned. Greg Hirsch, Chris lmes, Cal Ingraham, Paul Kariya, Dave laCouture, Mike latendresse, Dave Mac1saac, Brad Mahoney, Blair Marsh, Matt Martin, Martin Hercier, Jim Montgomery, Dan Murphy, Brad Purdie, Jack REPORTS OF COtIIITTEES Rodrique, Kent Salfi, Mike Santone1li, lee Saunders, Andy Silverman, Garth Snow, Pat Tardif, Chuck Ought to Pass as Mended Texiera, Jaime Thompson, Justin Tomberlin and Jason Weinrich, head coach Shawn Walsh and coaches Red Representat i ve CLARK from the COIIIIIi ttee on Gendron, Bruce Major and Grant Standbrook showed not Utilities on Bill "An Act to Amend the Civil only their prowess in competition, but as ambassadors Violation and Civil Forfeiture laws for Natural Gas for the State of Maine, capturing the imagination and and Natural Gas Pipeline Utilities" (H.P. 519) (L.D. support of thei r host state as well as thei rhome 703) report i ng ·Ought to Pass· as amended by state and country; and Committee Amendment "A" (H-136) WHEREAS, they have demonstrated not only thei r Report was read and accepted, the bill read once. athletic skills, but the heart, soul and imagination Commi ttee Amendment "A" (H-136) was read by the that sets apart the best of champions; now, C1 erk and adopted and the bi 11 assi gned for second therefore, be H reading Tuesday, April 13, 1993. RESOLVED: That We, the Members of the 116th legislature of the State of Maine, now assembled in the First Regular Session, take this occasion to Ought to Pass as Mended recognize and celebrate the outstanding victory and achievement of the Maine Black Bears, and to welcome Representative BENNETT from the Committee on this "team of destiny" home to the State whose honor legal Affairs on Bill "An Act to Allow Rebate they have brightened, and to extend our heartiest Coupons in Agency liquor Stores" (H.P. 304) (L.D. congratulations; and be it further 392) reporting -OUght to Pass· as amended by

H-457 LEGISLATIVE RECORD - HOUSE, APRIL 12, 1993

Committee Amendment "A" (H-14l) currently do it which is where the particular utility is located. We have a large New England Telephone Report was read and accepted, the bill read facility in Lewiston and excise tax is paid in once. Committee Amendment "A" (H-14l) was read by Lewiston. We have a large Central Maine Power the Clerk and adopted and the bill assigned for facility in Augusta and this excise tax is paid in second reading Tuesday, April 13, 1993. Augusta. We have a large telecommunication facility in Portland and the tax is paid there. That way we are certain to collect the tax and also those communi ti es (the second item) have become dependent Di vi ded Report upon that exci se tax as part of thei r revenues. In other words, it is a matter of meaning very little Majority Report of the Committee on Taxation around the state or a great deal to the communities report i ng ·Ought Not to Pass· on Bill "An Act to that have come to rely on those excise tax revenues. Require a Public Utilities Corporation to Pay Excise I hope you vote with the majority of the Tax on a Utilities Vehicle in the Town in Which the committee. Utilities Vehicle Is Headquartered" (H.P. 348) (L.D. The SPEAKER: The Chair recognizes the 451) Representative from Nobleboro, Representative Spear. Representative SPEAR: Mr. Speaker, Ladies and Signed: Gentlemen of the House: I am one of those that signed onto the Minority Report mainly because I feel Senators: BALDACCI of Penobscot it is a fai rness issue. Thi s bi 11 says that all CAREY of Kennebec public utility vehicles will pay their excise tax in SUMMERS of Cumberland the town in which they are based, not in the town in which the corporate headquarters are located. Representatives: DORE of Auburn We are ta lki ng about an exci se tax and you thi nk NADEAU of Saco about what an exci se tax is. The reason for an TARDY of Palmyra excise tax is another way for local towns to gain DiPIETRO of South Portland revenues to operate and maintain their roads and RAND of Portland other infrastructures. If a certai n company has a HOGLUND of Portland facility in a town with a fleet of vehicles that FARNSWORTH of Hallowell operate daily within that area, then why should not SIMONEAU of Thomaston that town get the excise money to help provide servi ces and mai ntai n those roads so the vehi cl es in Mi nori ty Report of the same Commi t tee reporting that area can travel daily? ·Ought to Pass· as amended by Commi t tee Amendment Once again, this is a fairness issue. I know I "A" (H-122) on same Bill. have watched my own town offi ce as we do regi ster vehicles for the state. Our town clerk is qualified Signed: to register vehicles of all sizes and weights so therefore a lot of surrounding towns come to register Representatives: MURPHY of Berwick vehicles there. A lot of times she sends them back SPEAR of Nobleboro to their local town because they have not paid their excise tax there. We don't accept their excise tax. Reports were read. It is only fai r that the exc;se tax is pai din the local town where the vehicle is used, located and Representative Dore of Auburn moved that the uses the faci li ties and roads in that town. Once House accept the Majority "Ought Not to Pass" Report. again, I feel it is a real fairness i~sue. The SPEAKER: The Chair recognizes the Back a few years ago, the companies that used to Representative from Auburn, Representative Dore. lease cars did the same thing. They wanted all the Representat i ve DORE: Mr. Speaker, Hen and Women exci se tax where the headquarters were that they had of the House: The overwhelming consensus on the for 1eased cars but the 1aw was changed in th is commi ttee (wi th a few notable exceptions) was that legislature a few years ago that allowed the leased this would cause an economic disruption to the cars to be excised where they are located. Yes, the communities in which these utility vehicles were argument agai nst thi s wi 11 be that it is a lot more current1 y located, such as Port1 and, Lewi ston, convenient to do it in one city but, once again, the Auburn, Augusta and Bangor because it represents a towns are providing the services and should have this sizeable amount of revenue to those communities in excise tax. the form of excise taxes. Whereas, if you moved the Ladies and gentlemen, I urge you to vote against utilities to the communities in which they are the "Ought Not to Pass" Report. temporarily located, you would have two problems, one The SPEAKER: The Chair recognizes the determi ni ng specifi call y where they are. That is, Representat i ve from Hount Desert, Representat i ve some utility vehicles spend a few days a week in Town Zirnkilton. A, another a few days a week in Town B, particularly Representative ZIRNKILTON: Hr. Speaker, Ladies in the rural areas, so it would be hard to identify and Gentlemen of the House: I also hope that you to which community they belong. will reject the Hajority "Ought Not to Pass" Report. There was discussion about garaging of the If you were incorporated in the State of Maine or vehicles. Sometimes they might be garaged on, say, if you have a partnership and you have any vehicles Hount Desert Island, and another time they might be as a part of your business, state law now requires garaged in, say, Thomaston, for instance. So, it was that you pay the vehicles excise taxes in the town determined that the best way to identify the location where those vehicles are customarily located. In of the utility vehicle in question was by the way we other words, if you have a business here in Augusta

H-458 LEGISLATIVE RECORD - HOUSE, APRIL 12, 1993 and you have two or three branch offi ces around the The gent1e1ady from Auburn mentioned economic state, you must pay your excise tax in the town where disruption. Yes, it would be economic disruption, it those cars are normally kept. But, if you are a would in fact be taking some money from cities who public utilities corporation located in Maine, you are now receiving monies for vehicles they never might have several branch offices -- take see. It would move that money to towns where those Bangor-Hydro, for example, they have offices in vehicles are normally located, disruption where the Lamoine, Ellsworth, Machias, Lubec, Millinocket, money wou1 d not be in the fi rst p1 ace and Lincoln, Veazie, Milford -- do any of these towns re-channe1ing it to the place where the vehicles are, receive any excise tax monies as a result of this? where the roads are bei ng used and where the exci se No, they do not. Bangor in fact receives all of that tax rightfully belongs. money. It was argued that these vehicles move around a Because our law grants a special exemption for lot. Well, if the vehicles in fact move around a the utilities, they actually have the choice of lot, the bi 11 rea 11 y doesn't address that because it whether or not they pay the excise tax to the various states very clearly that it should be excised in the different towns in whi ch they have representation or town where the vehicles are customarily whether or not they wi 11 pay in in the town where headquartered. So, if the vehicle spends the they are centrally located. They, of course, opt to majority of its time there, that is where I believe pay it, at least most of them opt to pay it, where it should pay its excise tax. thei r headquarters are located because it is a lot I hope that you agree wi th that and at the very easier for them to do so. Well, I would say it would least, to the good Chair, if in fact this fails, I be a lot easier for private companies to pay it in will look forward to havi ng the great poi nts to go the towns where thei r headquarters are located as back and explain to the Board of Selectmen in the well but we don't allow them to do that. We require Town of Lamoine, why this bill failed. them to pay the tax in the town where their cars are The SPEAKER: The Chair will order a vote. The located. pendi ng question before the House is the motion of The same is true with New England Telephone and Representative Dore of Auburn that the House accept Cent ra1 Ha i ne Power. They have a number of small the Majori ty "Ought Not to Pass" Report. Those in site facilities located around the state, they don't favor will vote yes; those opposed will vote no. gi ve money to any of those towns, they i n fact pay A vote of the House was taken. that money to Portland and Augusta. Representative Zirnki1ton of Mount Desert I would ask you whether or not you think it is requested a roll call vote. fair? It really comes down to a fairness issue. Do The SPEAKER: A ro 11 call has been requested. you thi nk that it is ri ght that we set one standard For the Chair to order a roll call, it must have the for private corporations and another standard for expressed desire of more than one-fifth of the utilities? I don't think it is. For me, the bill members pre.sent and voting. Those in favor will vote represents a difference of only $2,000 but to the yes; those opposed will vote no. small town of Lamoine, which I represent, every A vote of the House was taken and more than little bit of money helps, that is why they asked me one-fifth of the members present and voting having to submit this legislation. They couldn't understand expressed a desire for a roll call, a roll call was why Bangor-Hydro, which has trucks located there ordered. year-round -- they couldn't understand why those The SPEAKER: The pending question before the trucks are poundi ng thei r roads every si ng1 e day and House is the motion of Representative Dore of Auburn they get not one nickel in excise tax. They couldn't that the House accept the Majori ty "Ought Not to understand it and neither can I. Pass" Report. Those in favor will vote yes; those So, I thought that when I went ahead and opposed will vote no. presented this legislation on their behalf that one of two things would happen (a) we would either ROLL CALL NO. 44 correct this injustice or (b) those that opposed this piece of legislation would arm me with some kind of YEA - Adams, Aliberti, Beam, Bowers, Brennan, great logic that I would be able to return home with Caron, Carroll, Cashman, Cathcart, Chase, Chonko, and tell them why this bill should not pass. Cloutier, Coles, Cote, Daggett, DiPietro. Dore, Unfortunately for me, I did not make the work Driscoll. Dutremb1e, L.; Erwin, Faircloth, session, that is my fault, so I was not privy to Farnsworth. Fitzpatrick, Gamache, Gean, Gwadosky, hearing the arguments that were advanced in that work Hale, Hatch, Hichborn, Hoglund. Holt. Hussey, session as to why this bill should fail. What I have Jacques, Joseph, Kerr, Ketterer. Kontos, Lemke, heard so far, I don't think, is a justifiable reason. Lipman, MacBride, Melendy. Michaud, Mitchell, E.; I thi nk if we are goi ng to set standards with Mitchell, J.; Morrison, Nadeau, O'Gara, Oliver, regard to paying the excise tax for vehicles, we Paradis, P.; Pfeiffer, Pineau, Pinette, Plourde, should understand that the logistics of excising a Poulin, Rand. Richardson, Ricker, Rotondi, Rowe, vehicle in one town versus another is not anymore Ruh1in, Rydell, Saint Onge, Sax1, Simonds, Simoneau, difficult or less difficult for a private corporation Small, Stevens, K.; Strout, Sullivan, Tardy, or for a public utility. I don't see why we make Townsend, E.; Treat, Vigue, Walker, Wentworth, Winn. that special exception. NAY - Ahearne. Aikman, Anderson, Ault, Bailey, I would say to all of you who have towns in which H.; Bailey, R.; Barth, Bennett, Bruno, Cameron, you might have some small building or you might have Campbell, Carleton, Carr, Clark, Clement, Clukey, a few vehicles located there almost all year long, Coffman, Constantine, Cross, Dexter, Donnelly, whether it is Bangor-Hydro or Central Haine Power or Farnum, Farren, Foss, Gould, R. A.; Gray, Greenlaw, New England Telephone, you are not seeing any of that Heino, Hillock, Jalbert. Johnson, Joy, Kilkelly, money. You have to ask yourself whether or not your Kneeland, Kutasi, Lemont, Libby James, Lindahl, Look, towns should be receiving any of that. Lord, Harsha1l, Hartin, H.; Hichae1, Hurphy, Nash,

H-459 LEGISLATIVE RECORD - HOUSE, APRIL 12, 1993

Nickerson, Norton, Pendexter, Plowman, Pouliot, Committee on Education reporting ·Ought to Pass· Quint, Reed, G.; Reed, W.; Robichaud, Skoglund, Spear, Stevens, A.; Swazey, Taylor, Townsend, G.; (H.P. 619) (L.D. 843) Bill "An Act Regarding Tracy, True, Tufts, Whitcomb, Young, Zirnkilton. CertHication Fees for Adult Education Teachers" ABSENT - Heeschen, Larri vee, Li bby Jack, Marsh, Committee on Education reporting ·Ought to Pass· Ott, Pendleton, Thompson, Townsend, L.; The Speaker. Yes, 76; No, 66; Absent, 9; Paired, 0; (H.P. 627) (loD. 847) Bill "An Act to Authorize Excused, O. the Offset of Insurance Premi ums" Committee on 76 having voted in the affirmative and 66 in the Banking and Insurance reporting ·Ought to Pass· negat i ve with 9 bei ng absent, the Majori ty "Ought Not to Pass" Report was accepted. Sent up for There being no objections, the above items were concurrence. ordered to appear on the Consent Calendar of Tuesday, April 13, 1993, under the listing of Second Day.

CONSENT CALEIIlAR CONSENT CALDIWt First Day Second Day In accordance with House Rule 49, the following items appeared on the Consent Calendar for the First In accordance with House Rule 49, the following Day: items appeared on the Consent Calendar for the Second Day: (S.P. 93) (L.D. 247) Bill "An Act to Discontinue Legi s 1ati ve Approval of Techni cal Co 11 ege Collective (S.P. 270) (loD. 834) Bill "An Act to Establish Bargaining Agreements" Committee on Education the Boundary between the Town of Cornvi 11 e and the reporting ·Ought to Pass· Town of Skowhegan" (S.P. 161) (L.D. 526) Bill "An Act Concerning the (S.P. 288) (L.D. 858) Bill "An Act to Reestablish Degree-grant i ng Authority of Husson Co 11 ege" a Port i on of the Boundary between Li nco 1 nand Committee on Education reporting -OUght to Pass· Kennebec Counties" (H.P. 501) (L.D. 659) Bill "An Act to Provide (H.P. 242) (loD. 321) Bill "An Act Concerning the Protection for Mortgagees Under the Util i ty Laws" Degree-grant i ng Authori ty of Educat i ona1 Associ ates, Committee on Utilities reporting ·Ought to Pass· Inc." (H.P. 670) (L.D. 908) Bill "An Act to Eliminate (H.P. 575) (loD. 780) Bill "An Act to ClarHy the Seasonal lega1 Researcher Position at the Public Certain Statutes Relating to the Public Utilities Utilities Commission and to Make Certain Other Commission" Changes" Committee on Utilities reporti ng ·Ought to Pass· (H.P. 448) (loD. 574) Bill "An Act Allowing Animal Welfare Personnel of the Department of (H.P. 686) (L.D. 927) Bill "An Act to Include a Agriculture, Food and Rural Resources to Enforce laws Waiver Provision for the Advance Notice Required by Prohibiting the Sale of Certain Fish and Wildlife" the Public Utilities Commission for Energy Agreements (C. "A" H-120) and Contracts" CODlllittee on Utilities reporting ·Ought to Pass· (H.P. 156) (L.D. 208) Bill "An Act Concerning Harness Racing" (C. "A" H-121) (H.P. 491) (L.D. 649) Bill "An Act Regarding Pri ori ties 1 n the Probate Code" Commi ttee on (H.P. 209) (loD. 271) Bill "An Act to Encourage Judiciary reporti ng -Ought to Pass· as amended by the Recycling of Ti res from Mun i ci pal Landfills" (C. Committee Amendment "A" (H-140) "A" H-123) (H.P. 534) (L.D. 718) Bill "An Act to Amend the (H.P. 141) (loD. 186) Bill "An Act to Retain the Recording Requirements for Proceedings Involving Real Federal Demonstration Grant Funding the Maine Health Estate" CODlllittee on Judiciary reporting -OUght to Program" (C. "A" H-124) Pass· as amended by Committee Amendment "A" (H-139) (H.P. 270) (loD. 348) Bill "An Act to Define (H.P. 401) (loD. 514) Bill "An Act to Strengthen Composting Operations as Agricultural Activities for the State's Support laws" Committee on Judiciary Environmental Purposes" (C. "A" H-127) report i ng ·Ought to Pass· as amended by Commi t tee Amendment "A" (H-l38) (H.P. 301) (loD. 389) Bill "An Act to Amend the Laws Relating to Financial Institution Service (H.P. 540) (loD. 724) Bill "An Act to Amend the Corporations" (C. "A" H-131) Mars Hill Utility District" (EMERGENCY) Committee on Uti 1i ties reporting ·Ought to Pass· as amended by (H.P. 459) (L.D. 585) Bill "An Act to Further Committee Amendment "A" (H-137) Cl arHy Appellate Procedures under the Public Sector labor laws" (C. "A" H-133) (H.P. 185) (loD. 237) Bill "An Act Regarding the Approval of School Warrants by Municipal Officers" No objections having been noted at the end of the

H-460 LEGISLATIVE RECORD - HOUSE, APRIL 12, 1993

Second Leghlative Day, the Senate Papers were Passed Texiera, Jaime Thompson, Justin Tomberlin and Jason to be Engrossed in concurrence and the House Papers Weinrich, head coach Shawn Walsh and coaches Red were Passed to be Engrossed or Passed to be Engrossed Gendron, Bruce Hajor and Grant Stand brook showed not as Amended and sent up for concurrence. only their prowess in competition, but as ambassadors for the State of Maine, capturing the imagination and support of thei r host state as well as thei rhome state and country; and PASSED TO BE ENGROSSED WHEREAS, they have demonstrated not only thei r As Mended athletic skills, but the heart, soul and imagination that sets apart the best of champions; now, Bill "An Act to Protect Animal Enterprises" (H.P. therefore, be it 163) (L.D. 215) (C. "A" H-119) RESOLVED: That We, the Members of the 116th Bi 11 "An Act to Prohi bi t the Transfer of Credi t Legislature of the State of Haine, now assembled in Card Information" (H.P. 246) (L.D. 325) (C. "A" H-125) the First Regular Session, take this occasion to recognize and celebrate the outstanding victory and Bill "An Act to Establish a Consistent Expiration achievement of the Haine Black Bears, and to welcome Date for Shellfish Licenses and Marine Worm Digger's thi s "team of destiny" home to the State whose honor Licenses" (H.P. 45) (L.D. 61) (C. "A" H-132) they have brightened, and to extend our heartiest congratulations; and be it further Bill "An Act to Require Legislative Confirmation of the Director of the Maine Drug Enforcement Agency" RESOLVED: That suitable copies of this (H.P. 358) (L.D. 461) (C. "A" H-ll0) resolution, duly authenticated by the Secretary of State, be transmitted to each member of the team and Bill "An Act to Establish a Statute of the coaching staff and to the President of the Limitations for Claims against Titles to Property University of Maine at Orono. Acqui red for Nonpayment of Taxes" (H.P. 149) (L.D. 201) (C. "A" H-ll1) Was read. Were reported by the Connittee on Bills in the Subsequently, was adopted and sent up for Second Reading, read the second time, Passed to be concurrence. Engrossed as Amended, and sent up for concurrence.

The Chair laid before the House the following The Chair laid before the House the following matter: Recognizing: Shawn Walsh, whose outstanding matter which was tabled earlier in the day and later ability as coach of the University of Maine Ice today assigned pending adoption: Hockey Team has led the Haine Black Bears to a proud and thrilling victory in the NCAA 1993 Ice Hockey JOINT RESOLUTION HONORING THE UNIVERSITY Championship. Coach Walsh's devoted efforts to OF HAINE BLACK BEARS HOCKEY TEAM building a strong team and cultivating school and connunity support contributed to the team's high WHEREAS, the Uni versi ty of Hai ne' s hockey team performance and made the B1 ack Bears the fi rst Mai ne has capped a record-breaki ng season by wi nni ng the team to win a NCAA Division I title. We, the members National Collegiate Athletic Association Division 1 of the Legislature, and the citizens of this State, championship and bringing home to Maine the first wish to express our pride in your success and extend Division 1 team championship of any kind; and our congratulations on your ultimate coaching achievement; (HLS 231) which was tabled earlier in WHEREAS, in a 42-1-2 season filled with glorious the day and later today assigned pending passage. moments, the Bl ack Bears saved the best for 1ast, combining their renowned speed and depth, their Was read and passed. discipline and their creativity with an extraordinary demonstration of teamwork and perseverance; and WHEREAS, many members of this team achieved At this point, the University of Maine Black stgnificant individual milestones during the Bears Hockey Team entered the Hall of the House, amid champi onshi p seri es, but never lost si ght of thei r prolonged applause, the members rising. shared dream; and The SPEAKER: The Chair would now ask that Coach WHEREAS, along the way to their championship, Walsh address the Maine Legislature. this team of young men comprised of Reg Cardinal, Barry Clukey, Mike Dunham, Eric Fenton, Chris Coach WALSH: Thank you, Speaker Hartin and Ferraro, Peter Ferraro, Tony Frenette, Craig Gwinn, Legislators. We are certainly very proud to Greg Hirsch, Chris Imes, Cal Ingraham, Paul Kariya, represent the State of Haine. I think that you Dave LaCouture, Mike Latendresse, Dave Hac1saac, Brad people are the ultimate Representatives, you are the Hahoney, Blair Harsh, Matt Martin, Martin Mercier, people that have to make the tough decisions day in Jim Montgomery, Dan Murphy, Brad Purdie, Jack and day out. Rodrique, Kent Salfi, Mike Santonelli, Lee Saunders, Certainly on a (probably) cool Saturday night in Andy Silverman, Garth Snow, Pat Tardif, Chuck April, these young men represented the State of Haine

H-461 lEGISLATIVE RECORD - HOUSE, APRIL 12, 1993 from Kittery to Madawaska and points in between. We another one. were very, very proud to represent this state. We Subsequently, Coach Wa1 sh and the University of are certainly appreciative of the reception we Maine Black Bears Hockey Team withdrew amid applause, received since we came home. This is probably the the audience rising. fi rst time thi s group has been together that there hasn't been tel evi s i on cameras and radi 0 mi crophones in front of thei r faces so it is ki nd of ni ce to be here and just see the microphones of the legislators. By unanimous consent, H.P. 923 and HlS 231 were But, I thi nk the most important thi ng we showed ordered sent forthwith to the Senate. is what you have got to show and is what everybody in the State of Mai ne has got to show and that is on Saturday, April 3rd, we showed resiliency. We showed a s i tuat i on where we were in trouble. On the bus PASSED TO BE ENACTED ri de down here today - \':e have only seen the fi rs t two periods. We had to stop the tape because we ran E.rgency Measure out of time, so on the way home we are going to see the thi rd peri od. But, I thi nk that thi rd peri od An Act to Create a Program to Promote the represents all of us especially in this day and age Purchase of State-grown Produce by Needy Persons and i Ii these times and my acceptance would not be (H.P. 83) (l.D. 113) (C. "A" H-86) comp 1ete wi thout thanki ng you for your res i 1i ency. Please be strong and please be positive and, if we Was reported by the CODmi ttee on Engrossed can pass that on to everybody across the state, then Bills as truly and strictly engrossed. This being this group of guys have done their little job and all an emergency measure, a two-thi rds vote of all the of our big job and that is to keep Maine as positive members elected to the House being necessary, a total and as great as it is. was taken. 109 voted in favor of the same and 3 Thank you very, very much. (App 1 ause, the against and accordingly the Bill was passed to be audience rising) enacted, signed by the Speaker and sent to the Senate.

The SPEAKER: The Chair would now like to PASSED TO BE ENACTED introduce Jim Montgomery. I have asked him to speak in both languages and, if you heard USPN replay, you An Act to Deter Felons from Carrying Firearms will probably figure out why. during the Maine Hunting Season (H.P. 150) (l.D. 202) JIM MONTGOMERY: First of all, I don't know how I (C. "A" H-83) can top that speech but I am going to give it my best. Fi rst, I would li ke to thank the state and the An Act to Amend the Membership of the State legislature and the whole State of Maine for the Employee Health CODmission (H.P. 200) (l.D. 262) (C. great support you have gi ven us, me, and the seni ors "A" H-82) throughout our four years and especially this year. We couldn't have done it without you. The reception An Act to Improve Compliance with the laws was just great that we got when we came back from Governing Financial Responsibility (H.P. 312) (l.D. Milwaukee. 400) (C. "A" H-81) (Subsequently, Jim Montgomery addressed the House in French.) An Act to Transfer the Predetermi nat i on of The SPEAKER: I wou 1 d now li ke to have Independent Contractor Status Responsi bi li ty in the Representative Stevens, Representative Cathcart and Workers' Compensation laws (H.P. 385) (l.D. 498) (C. Representative Campbell, all of Orono, to please come "A" H-84) to the rostrum. Representat i ve STEVENS: Captai n Montgomery, An Act to Amend the laws Related to Pawn members of the 1993 UM Black Bears: As the Transactions (S.P. 65) (l.D. 127) (C. "A" S-50) Representative from Orono, including the University of Maine at Orono, it is my pleasure to present you Were reported by the CODmittee on Engrossed with this Joint Resolution from the Maine State Bills as truly and strictly engrossed, passed to be legislature. We congratulate you on a well spent enacted, signed by the Speaker and sent to the Senate. season and an earned victory in NCAA. (Applause) Representative CAMPBEll: Shawn, on behalf of the legislature, I would like to present you with this sentiment as it was read in today's session. One of ORDERS OF 1lE DAY the things that I saw when I left the arena the other ni ght after the reception was a li tt1 e sign ina TABLED AlII TODAY ASSIGNED small store in Orono that said it best. Simply put it sai d, "NCAA Champs, you have made Mai ne proud." The Chair laid before the House the first tabled (Applause) and today assigned matter: The SPEAKER: The House Pages wi 11 pass out to all the team members your own copy of what is in that HOUSE DIVIDED REPORT - Majority (7) -Ought Not frame. In my memory, it is the only time in the to Pass· - Minority (6) ·Ought to Pass· as amended state's history that every single legislator has by Conmittee Amendment "A" (H-1l4) - COllnittee on cosponsored a Reso 1 ut ion. You know thi s may never State and Local GovernEnt on Bi 11 "An Act to happen again, but if you win again, we will do Increase the County Share of the Government

H-462 LEGISLATIVE RECORD - HOUSE, APRIL 12, 1993

Operations Surcharge fund" (H.P. 97) (L.D. 139) TABLED - Apri 1 8, 1993 by Representat i ve JOSEPH of Watervi 11 e. PENDING - Motion of same Representative to accept the Majority ·Ought Not to Pass· Report. On motion of Representative Paradis of Augusta, retabled pending the motion of Representative Joseph of Waterville that the House accept the Majority "Ought Not to Pass" Report and specially assigned for Tuesday, April 13, 1993.

The fo 11 owi ng item appeari ng on Supplement No. 1 was taken up out of order by unanimous consent:

PASSED TO BE ENACTED

Eilergency Measure An Act to Amend the Charter of the Newport Water District (H.P. 705) (L.D. 957) (C. "A" H-134) Was reported by the Conni ttee on Engrossed Bills as truly and strictly engrossed. This being an emergency measure, a two-thi rds vote of all the members elected to the House being necessary, a total was taken. 117 voted in favor of the same and none against and accordingly the Bill was passed to be enacted, signed by the Speaker and sent to the Senate. By unanimous consent, was ordered sent forthwith to the Senate.

(Off Record Remarks)

On motion of Representative Jacques of Waterville, Adjourned at 5:18 p.m. until Tuesday, April 13, 1993, at ten o'clock in the morning.

H-463