LEGISLATIVE RECORD - SENATE, TUESDAY, JANUARY 26, 2016 STATE OF MAINE Bill "An Act To Amend the Laws Regarding the Operation of an ONE HUNDRED AND TWENTY-SEVENTH LEGISLATURE All-terrain Vehicle or Snowmobile on a Controlled Access SECOND REGULAR SESSION Highway" (EMERGENCY) JOURNAL OF THE SENATE H.P. 1063 L.D. 1567 In Senate Chamber Comes from the House, REFERRED to the Committee on Tuesday TRANSPORTATION and ordered printed. January 26, 2016 On motion by Senator COLLINS of York, REFERRED to the Senate called to order by President Michael D. Thibodeau of Committee on TRANSPORTATION and ordered printed, in Waldo County. concurrence. _________________________________ _________________________________ Prayer by Reverend Russ Arnold, First Congregational Church of Pursuant to Statute Brooks. Department of Environmental Protection REVEREND ARNOLD: Let us pray. O Gracious and Glorious The Department of Environmental Protection, pursuant to the God, as we gather this morning we're thankful for Your presence Maine Revised Statutes, Title 5, section 8072 asked leave to in our midst and we seek that presence to strengthen and sustain report that the accompanying Resolve, Regarding Legislative us in our decisions and grant us unity and direction. May Your Review of Portions of Chapter 373: Financial and Technical loving guidance, O Lord, keep us focused and allow Your special Capacity Standards of the Site Location of Development Act, a gifts which have been bestowed upon all who gather today to be Major Substantive Rule of the Department of Environmental applied to the work ahead with effectiveness and efficiency. O Protection (EMERGENCY) Great Creator, humble us in Your presence, that we may be H.P. 1064 L.D. 1568 sustained by and through Your being to raise above ourselves to govern Your people with fairness, empathy, kindness, and love, Be REFERRED to the Committee on ENVIRONMENT AND and may our gifts be applied to our decisions with the utmost NATURAL RESOURCES and ordered printed pursuant to Joint dignity for all concerned. We ask this blessing today in Your Rule 218. honorable and holy name, O God. Amen. Comes from the House with the Report READ and ACCEPTED _________________________________ and the Resolve REFERRED to the Committee on ENVIRONMENT AND NATURAL RESOURCES and ordered National Anthem performed by The Washin' Tones of Washington printed pursuant to Joint Rule 218. Academy. Report READ and ACCEPTED, in concurrence. _________________________________ REFERRED to the Committee on ENVIRONMENT AND Pledge of Allegiance led by Senator Kimberley C. Rosen of NATURAL RESOURCES and ordered printed pursuant to Joint Hancock County. Rule 218, in concurrence. _________________________________ _________________________________ Reading of the Journal of Thursday, January 21, 2016. Pursuant to Statute Department of Environmental Protection _________________________________ The Department of Environmental Protection, pursuant to the Doctor of the day, Andrew J. Fletcher, M.D. of Dover-Foxcroft. Maine Revised Statutes, Title 5, section 8072 asked leave to report that the accompanying Resolve, Regarding Legislative _________________________________ Review of Portions of Chapter 375: No Adverse Environmental Effect Standards of the Site Location of Development Act, a Major Off Record Remarks Substantive Rule of the Department of Environmental Protection (EMERGENCY) _________________________________ H.P. 1065 L.D. 1569 PAPERS FROM THE HOUSE Be REFERRED to the Committee on ENVIRONMENT AND NATURAL RESOURCES and ordered printed pursuant to Joint House Papers Rule 218. S-1500 LEGISLATIVE RECORD - SENATE, TUESDAY, JANUARY 26, 2016 Comes from the House with the Report READ and ACCEPTED In accordance with 3 M.R.S.A., Section 157, and with Joint Rule and the Resolve REFERRED to the Committee on 505 of the Maine Legislature, the Joint Standing Committee on ENVIRONMENT AND NATURAL RESOURCES and ordered Agriculture, Conservation and Forestry has had under printed pursuant to Joint Rule 218. consideration the nomination of Colon E. Durrell of Farmington, for reappointment to the Maine Milk Commission. Report READ and ACCEPTED, in concurrence. After public hearing and discussion on this nomination, the REFERRED to the Committee on ENVIRONMENT AND Committee proceeded to vote on the motion to recommend to the NATURAL RESOURCES and ordered printed pursuant to Joint Senate that this nomination be confirmed. The Committee Clerk Rule 218, in concurrence. called the roll with the following result: _________________________________ YEAS Senators 1 Edgecomb of Aroostook Pursuant to Statute Representatives 9 Hickman of Winthrop, Black Department of Environmental Protection of Wilton, Chapman of Brooksville, Dunphy of Old The Department of Environmental Protection, pursuant to the Town, Edgecomb of Fort Maine Revised Statutes, Title 5, section 8072 asked leave to Fairfield, Kinney of Knox, report that the accompanying Resolve, Regarding Legislative Marean of Hollis, McCabe of Review of Chapter 380: Long-term Construction Projects Under Skowhegan, McElwee of the Site Location of Development Act, a Major Substantive Rule Caribou of the Department of Environmental Protection (EMERGENCY) H.P. 1066 L.D. 1570 NAYS 0 Be REFERRED to the Committee on ENVIRONMENT AND ABSENT 3 Sen. Dill of Penobscot, Sen. NATURAL RESOURCES and ordered printed pursuant to Joint Saviello of Franklin, Rep. Rule 218. Saucier of Presque Isle Comes from the House with the Report READ and ACCEPTED Ten members of the Committee having voted in the affirmative and the Resolve REFERRED to the Committee on and zero in the negative, it was the vote of the Committee that the ENVIRONMENT AND NATURAL RESOURCES and ordered nomination of Colon E. Durrell of Farmington, for reappointment printed pursuant to Joint Rule 218. to the Maine Milk Commission be confirmed. Report READ and ACCEPTED, in concurrence. Signed, REFERRED to the Committee on ENVIRONMENT AND NATURAL RESOURCES and ordered printed pursuant to Joint S/Peter E. Edgecomb S/Craig V. Hickman Rule 218, in concurrence. Senate Chair House Chair READ and ORDERED PLACED ON FILE. _________________________________ COMMUNICATIONS The President laid before the Senate the following: "Shall the recommendation of the Committee on AGRICULTURE, CONSERVATION AND FORESTRY be overridden?" The Following Communication: S.C. 657 In accordance with 3 M.R.S.A., Chapter 6, Section 158, and with STATE OF MAINE th ONE HUNDRED AND TWENTY-SEVENTH LEGISLATURE Joint Rule 506 of the 127 Legislature, the vote was taken by the COMMITTEE ON AGRICULTURE, CONSERVATION AND Yeas and Nays. FORESTRY The Doorkeepers secured the Chamber. January 21, 2016 The Secretary opened the vote. The Honorable Michael D. Thibodeau ROLL CALL (#472) President of the Senate of Maine 127th Maine State Legislature State House YEAS: Senators: None Augusta, Maine 04333-0003 Dear Mr. President: S-1501 LEGISLATIVE RECORD - SENATE, TUESDAY, JANUARY 26, 2016 NAYS: Senators: ALFOND, BAKER, BRAKEY, BREEN, ABSENT 5 Sen. Davis of Piscataquis, BURNS, COLLINS, CUSHING, CYRWAY, DAVIS, Sen. Libby of Androscoggin, DIAMOND, DILL, DUTREMBLE, EDGECOMB, Rep. Russell of Portland, GERZOFSKY, GRATWICK, HAMPER, HASKELL, Rep. Skolfield of Weld, Rep. HILL, JOHNSON, KATZ, LANGLEY, LIBBY, Stanley of Medway MASON, MCCORMICK, MILLETT, MIRAMANT, PATRICK, ROSEN, SAVIELLO, VALENTINO, Eight members of the Committee having voted in the affirmative VOLK, WHITTEMORE, WILLETTE, WOODSOME, and zero in the negative, it was the vote of the Committee that the THE PRESIDENT - MICHAEL D. THIBODEAU nomination of William J. Kelleher, Esq. of Rome, for reappointment to the Maine Board of Tax Appeals be confirmed. No Senator having voted in the affirmative and 35 Senators having voted in the negative, and none being less than two-thirds Signed, of the Membership present and voting, it was the vote of the Senate that the Committee’s recommendation be ACCEPTED and the nomination of Colon E. Durrell of Farmington for S/Earle L. McCormick S/Adam A. Goode reappointment to the Maine Milk Commission was CONFIRMED. Senate Chair House Chair READ and ORDERED PLACED ON FILE. The Secretary has so informed the Speaker of the House of Representatives. The President laid before the Senate the following: "Shall the recommendation of the Committee on TAXATION be _________________________________ overridden?" The Following Communication: S.C. 665 In accordance with 3 M.R.S.A., Chapter 6, Section 158, and with th STATE OF MAINE Joint Rule 506 of the 127 Legislature, the vote was taken by the ONE HUNDRED AND TWENTY-SEVENTH LEGISLATURE Yeas and Nays. COMMITTEE ON TAXATION The Doorkeepers secured the Chamber. January 25, 2016 The Secretary opened the vote. The Honorable Michael D. Thibodeau ROLL CALL (#473) President of the Senate of Maine 127th Maine State Legislature State House YEAS: Senators: None Augusta, Maine 04333-0003 NAYS: Senators: ALFOND, BAKER, BRAKEY, BREEN, Dear Mr. President: BURNS, COLLINS, CUSHING, CYRWAY, DAVIS, DIAMOND, DILL, DUTREMBLE, EDGECOMB, In accordance with 3 M.R.S.A., Section 157, and with Joint Rule GERZOFSKY, GRATWICK, HAMPER, HASKELL, 505 of the Maine Legislature, the Joint Standing Committee on HILL, JOHNSON, KATZ, LANGLEY, LIBBY, Taxation has had under consideration the nomination of William MASON, MCCORMICK, MILLETT, MIRAMANT, J. Kelleher, Esq. of Rome, for reappointment to the Maine Board PATRICK, ROSEN, SAVIELLO, VALENTINO, of Tax Appeals. VOLK, WHITTEMORE, WILLETTE, WOODSOME, THE PRESIDENT - MICHAEL D. THIBODEAU After public hearing