LEGISLATIVE RECORD - SENATE, WEDNESDAY, JANUARY 3, 2007 STATE OF MAINE ONE HUNDRED AND TWENTY-THIRD LEGISLATURE ORDERED, the House concurring, that the returns of votes for FIRST REGULAR SESSION the Governor, given in the several cities, towns and plantations of JOURNAL OF THE SENATE the State for the political years 2007, 2008, 2009 and 2010, be referred to a Joint Select Committee of seven on the part of the In Senate Chamber Senate, with such as the House may join. Wednesday January 3, 2007 READ and PASSED. Senate called to order by President Beth Edmonds of Ordered sent down forthwith for concurrence. Cumberland County. _________________________________ _________________________________ Out of order and under suspension of the Rules, on motion by Prayer by Very Reverend Frank J. Murray, Sacred Heart, Saint Senator MITCHELL of Kennebec, the following Senate Order: Louis, and Saint Philip, Catholic Churches of Auburn, Saint S.O. 10 Catherine Catholic Church of Norway, Our Lady of Ransom and Mechanic Falls. ORDERED, that a message be sent to the House of Representatives proposing a Convention of the two branches of REVEREND MURRAY: Let us pray. Loving God, we gather this the Legislature be held at 6:30 this evening at the Augusta Civic day as we begin the challenging work which faces the good State Center for the purpose of administering to the Honorable John of Maine, the 123rd Legislature, and the Maine Senate. We do Elias Baldacci, Governor-elect, the oaths required by the this with humility, acknowledging our individual limitations. We do Constitution to qualify him to enter upon the discharge of his this with openness, knowing we gather together and we bring a official duties and to receive such communication as he may be vastness and a variety of talents. We do this hope, knowing we pleased to make. have Your help and love available to us. We ask You, Oh God, to shower Your grace upon us today and every day we meet to do READ and PASSED. the work of the people of the State of Maine. May our differences not divide us. May our good intentions continually broaden to The Chair appointed the Senator from Kennebec, Senator include those we may have initially forgotten and may the end MITCHELL to deliver the message to the House of results of our efforts always accomplish Your will and achieve Representatives. The Sergeant-At-Arms escorted the Senator to something greater than we expected. Finally, bless all who work the House of Representatives. for all three branches of state government. In a particular way we pray for our Governor, John Baldacci, who will be inaugurated this Subsequently, the Senator from Kennebec, Senator MITCHELL evening. Send Your blessings upon him. Help us to find ways to reported that she had delivered the message with which she was work together for the greater good of the entire State of Maine. charged. We ask You to bless us, our families, our leaders, and all who _________________________________ support and encourage us. Help us to truly accomplish Your will for all of us. We make this prayer in Your name. Amen. Out of order and under suspension of the Rules, the Senate considered the following: _________________________________ COMMUNICATIONS Pledge of Allegiance led by Senator Philip L. Bartlett II of Cumberland County. The Following Communication: S.C. 17 _________________________________ 123RD LEGISLATURE OFFICE OF THE PRESIDENT Reading of the Journal of Wednesday, December 6, 2006. 3 STATE HOUSE STATION AUGUSTA, MAINE 04333-0003 _________________________________ January 3, 2007 Doctor of the day, Jo Linder, M.D. of Falmouth. The Honorable Joy J. O’Brien _________________________________ Secretary of the Senate 3 State House Station Off Record Remarks Augusta, ME 04333 _________________________________ Dear Secretary O’Brien: Out of order and under suspension of the Rules, on motion by In compliance with Joint Order (S.P. 14), I am pleased to appoint Senator MITCHELL of Kennebec, the following Joint Order: the following members to the Gubernatorial Vote Committee: S.P. 14 S-15 LEGISLATIVE RECORD - SENATE, WEDNESDAY, JANUARY 3, 2007 Senator Joseph C. Perry of Penobscot, Chair BROWNE of Vassalboro, BABBIDGE of Kennebunk, Senator Peter B. Bowman of York FARRINGTON of Gorham, NASS of Acton) Senator Lisa T. Marrache of Kennebec Senator Bruce S. Bryant of Oxford Sincerely, Senator Debra D. Plowman of Penobscot Senator Dana L. Dow of Lincoln S/Joy J. O'Brien Senator Walter R. Gooley of Franklin Secretary of the Senate If you have any questions, please do not hesitate to contact me. S/Millicent M. MacFarland Clerk of the House Sincerely, READ and ORDERED PLACED ON FILE. S/Beth Edmonds President of the Senate Sent down for concurrence. READ and ORDERED PLACED ON FILE. _________________________________ _________________________________ The Following Communication: S.P. 18 COMMUNICATIONS STATE OF MAINE 123RD MAINE LEGISLATURE The Following Communication: S.P. 13 AUGUSTA, MAINE 04333 123RD MAINE LEGISLATURE December 18, 2006 AUGUSTA, MAINE 04333 Sen. Lynn Bromley December 13, 2006 Senate Chair, Joint Standing Committee on Business, Research and Economic Development Hon. Beth Edmonds Rep. Nancy E. Smith President of the Senate House Chair, Joint Standing Committee on Business, Research 123rd Legislature and Economic Development 123rd Legislature Hon. Glenn Cummings Augusta, ME 04333 Speaker of the House 123rd Legislature Dear Senator Bromley and Representative Smith: Dear Madam President and Mr. Speaker: Please be advised that Governor John E. Baldacci has nominated the Honorable John Richardson of Brunswick for appointment as On December 13, 2006, 2 bills were received by the Secretary of Commissioner of Economic and Community Development. the Senate. Pursuant to M.R.S.A. Title 5 §13057, this nomination will require Pursuant to the provisions of Joint Rule 308.2, these bills were review by the Joint Standing Committee on Business, Research referred to the Joint Standing Committees on December 13, and Economic Development and confirmation by the Senate. 2006, as follows: Sincerely, Judiciary S/Beth Edmonds Bill "An Act To Increase Reimbursement for Jury Duty" (S.P. 11) President of the Senate (L.D. 1) (Sponsored by Senator NUTTING of Androscoggin) (Cosponsored by Representative SIMPSON of Auburn and S/Glenn Cummings Senators: ROTUNDO of Androscoggin, MILLS of Somerset, Speaker of the House HASTINGS of Oxford, STRIMLING of Cumberland, Representatives: PINGREE of North Haven, MILLS of READ and with accompanying papers REFERRED to the Farmington) Committee on BUSINESS, RESEARCH AND ECONOMIC DEVELOPMENT. Taxation Sent down for concurrence. Bill "An Act To Provide a Tax Credit for the Purchase of a Hybrid or Clean Fuel Vehicle" (S.P. 12) (L.D. 2) (Sponsored by Senator _________________________________ COURTNEY of York) (Cosponsored by Representative WATSON of Bath and Senators: NASS of York, McCORMICK of Kennebec, The Following Communication: S.P. 19 PERRY of Penobscot, Representatives: AUSTIN of Gray, S-16 LEGISLATIVE RECORD - SENATE, WEDNESDAY, JANUARY 3, 2007 STATE OF MAINE 123RD MAINE LEGISLATURE Sincerely, AUGUSTA, MAINE 04333 S/Beth Edmonds December 18, 2006 President of the Senate Sen. Philip L. Bartlett II S/Glenn Cummings Senate Chair, Joint Standing Committee on Utilities and Energy Speaker of the House Rep. Lawrence Bliss House Chair, Joint Standing Committee on Utilities and Energy READ and with accompanying papers REFERRED to the 123rd Legislature Committee on JUDICIARY. Augusta, ME 04333 Sent down for concurrence. Dear Senator Bartlett and Representative Bliss: _________________________________ Please be advised that Governor John E. Baldacci has nominated Vendean Vafiades of Hallowell for appointment to the Public The Following Communication: S.P. 21 Utilities Commission. STATE OF MAINE Pursuant to M.R.S.A. Title 35-A §105, this nomination will require 123RD MAINE LEGISLATURE review by the Joint Standing Committee on Utilities and Energy AUGUSTA, MAINE 04333 and confirmation by the Senate. December 18, 2006 Sincerely, Sen. Barry Hobbins Senate Chair, Joint Standing Committee on Judiciary S/Beth Edmonds Rep. Deborah Simpson President of the Senate House Chair, Joint Standing Committee on Judiciary 123rd Legislature S/Glenn Cummings Augusta, ME 04333 Speaker of the House Dear Senator Hobbins and Representative Simpson: READ and with accompanying papers REFERRED to the Committee on UTILITIES AND ENERGY. Please be advised that Governor John E. Baldacci has nominated the following to the District Court for the State of Maine: Sent down for concurrence. Michael Cantara of Biddeford for appointment _________________________________ Charles Dow of Winthrop for appointment MaryGay Kennedy of Brunswick for appointment The Following Communication: S.P. 20 Valerie Stanfill of Turner for appointment STATE OF MAINE Pursuant to M.R.S.A Title 4 §157, these nominations will require 123RD MAINE LEGISLATURE review by the Joint Standing Committee on Judiciary and AUGUSTA, MAINE 04333 confirmation by the Senate. December 18, 2006 Sincerely, Sen. Barry Hobbins S/Beth Edmonds Senate Chair, Joint Standing Committee on Judiciary President of the Senate Rep. Deborah Simpson House Chair, Joint Standing Committee on Judiciary S/Glenn Cummings 123rd Legislature Speaker of the House Augusta, ME 04333 READ and with accompanying papers REFERRED to the Dear Senator Hobbins and Representative Simpson: Committee on JUDICIARY. Please be advised that Governor John E. Baldacci has nominated Sent down for concurrence. Andrew Horton of Falmouth for appointment to the Superior Court for the State of Maine. _________________________________ Pursuant to Constitution of the State of Maine Article 5, Part 1, The Following Communication: S.P. 23 Section 8, this nomination will require review by the Joint Standing Committee on Judiciary and confirmation by the Senate. S-17 LEGISLATIVE RECORD - SENATE, WEDNESDAY, JANUARY 3, 2007 STATE OF MAINE Senator John L. Martin of Aroostook, Chair 123RD LEGISLATURE Senator Elizabeth H. Mitchell of Kennebec AUGUSTA, MAINE 04333 Senator Philip L. Bartlett II of Cumberland Senator Carol Weston of Waldo December 29, 2006 Senator Richard W. Rosen of Penobscot Sen.