The Advance Journal and Calendar of the House of Representatives
ONE HUNDRED AND TWENTY-FIFTH MAINE LEGISLATURE
SECOND REGULAR SESSION
Thursday, February 9, 2012
State of the Judiciary
Calling of the House to Order by the Speaker.
Prayer by Pastor Wally Staples, Maine District Church of the Nazarene, Wiscasset.
Pledge of Allegiance.
Doctor of the day, Sydney Sewall, M.D., Hallowell.
Reading of the Journal of yesterday.
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(2-1) The Following Communication: (H.C. 306)
STATE OF MAINE
SUPREME JUDICIAL COURT
January 6, 2012
The Honorable Kevin L. Raye
President of the Senate
3 State House Station
Augusta, Maine 04333
The Honorable Robert W. Nutting
Speaker of the House
2 State House Station
Augusta, Maine 04333
Dear President Raye and Speaker Nutting:
I am pleased to accept your invitation to address a Joint Session of the 125th Maine Legislature on Thursday, February 9, 2012, at 11:00 a.m. I appreciate the courtesy of the Legislative Branch of government in inviting me to address the cause of justice in Maine.
I look forward to seeing you on February 9, 2012.
Sincerely,
S/Leigh I. Saufley
Chief Justice
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(4-1) On motion of Representative HAMPER of Oxford, the following House Order: (H.O. 38)
ORDERED, that Representative Charles B. Kruger of Thomaston be excused January 31 for health reasons.
AND BE IT FURTHER ORDERED, that Representative Ann E. Peoples of Westbrook be excused January 31 for personal reasons.
AND BE IT FURTHER ORDERED, that Representative Meredith N. Strang Burgess of Cumberland be excused February 2 for legislative business.
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SPECIAL SENTIMENT CALENDAR
In accordance with House Rule 519 and Joint Rule 213, the following items:
Recognizing:
(5-1) Marc Gagne and Martha Curtis Gagne, of Old Orchard Beach, on the occasion of their retirement after their many years of teaching. Marc Gagne taught school for over 34 years, 10 years at Biddeford High School and 24 years at Thornton Academy, where he was chair of the History Department and was also head football coach and head basketball coach. Martha Curtis Gagne taught for a total of 35 years, including 27 years as an art teacher at Old Orchard Beach High School. We send our appreciation to Mr. and Mrs. Gagne on their dedicated service to education, to the youth of the communities in which they taught and to the State. We congratulate them on their retirement and send them our best wishes;
(HLS 960)
Presented by Representative HOGAN of Old Orchard Beach.
Cosponsored by Senator HOBBINS of York, Representative VALENTINO of Saco, Representative PILON of Saco, Representative BELIVEAU of Kittery.
(5-2) Shawn Cunningham-Cloukey, of Presque Isle, who has been named 2012 Mrs. Maine Corporate America. During her 10-year career at WAGM-TV, Mrs. Cunningham-Cloukey has earned a number of awards for her reporting and civic contributions, including 3 times being named Maine Young Career Woman of the Year by the Maine Federation of Business and Professional Women. She will represent the State at the national pageant, where she will compete to represent all career, professional and working women in the United States. Mrs. Cunningham-Cloukey's platform is "The Business of Service: Promoting On-the-Job Leadership, Through In-the-Community Service." We extend our congratulations to Mrs. Cunningham-Cloukey on her achieving this distinction and send her our best wishes;
(HLS 964)
Presented by Representative WILLETTE of Presque Isle.
Cosponsored by Senator SHERMAN of Aroostook, Representative WILLETTE of Mapleton.
(5-3) Percy Roy Tibbetts, of Farmingdale, on the occasion of his 100th Birthday, February 11, 2012. Mr. Tibbetts was born in Fayette and enlisted in the United States Army Air Force in 1942, serving as a pilot flying gliders during World War II. He retired from the Air Force Reserve with the rank of Major. He married Mary Lillian Barker, who passed away in 2010, and he is a father, grandfather and great-grandfather. Mr. Tibbetts retired from Central Maine Power Company after 45 years of dedicated service. He is a founding member of the Grand Lake Stream Hunting Club and active in the Gardiner Congregational Church. He is the current holder of the Farmingdale Boston Post Cane. We join his family and friends in sending Mr. Tibbetts our congratulations on the centennial celebration of his life and send him our best wishes;
(HLS 966)
Presented by Representative HANLEY of Gardiner.
Cosponsored by Senator McCORMICK of Kennebec, Representative TREAT of Hallowell.
(5-4) Friend Memorial Library, in Brooklin, on the occasion of its Centennial Celebration. We join the citizens of Brooklin in sending our best wishes for continued success, and we send our congratulations to the library community on its 100th Anniversary;
(HLS 967)
Presented by Representative KUMIEGA of Deer Isle.
Cosponsored by Senator LANGLEY of Hancock.
(5-5) Fernand and Beverly Corriveau, of Gilead, on the occasion of their 50th Wedding Anniversary. We extend our congratulations and best wishes to Mr. and Mrs. Corriveau on this very special occasion;
(HLS 968)
Presented by Representative CROCKETT of Bethel.
Cosponsored by Senator PATRICK of Oxford.
(5-6) C. M. Almy and Sons, Inc., of Pittsfield, on its being named the 2012 Business of the Year by the Sebasticook Valley Chamber of Commerce. C. M. Almy and Sons, Inc., founded in New York City in 1892, manufactures church vestments, furnishings and accessories. It was brought to central Maine in the 1950s, and under the direction of Michael and Stephen Fendler, 3rd generation family members, the company employs 75 people in Pittsfield. The Fendlers and the company have been ardent supporters of the community's institutions and organizations, such as the Maine Central Institute, supporting the capital campaign of the Pittsfield Public Library and serving on the Pittsfield Town Council, where Michael served 2 terms as mayor. We congratulate the Fendlers and C. M. Almy and Sons, Inc. on their receiving this well-deserved award;
(HLS 969)
Presented by Representative FITTS of Pittsfield.
Cosponsored by Senator MARTIN of Kennebec.
(5-7) the Ogunquit Playhouse, for its receiving the prestigious Moss Hart Memorial Award in the professional division for its 2011 production of "The Music Man." This award is given by the New England Theatre Conference to honor the memory of Moss Hart and to recognize and encourage outstanding theatrical productions throughout New England. Now entering its 80th anniversary season, the Ogunquit Playhouse is renowned for its production of the highest-quality Broadway plays and musicals. We extend our congratulations to the Ogunquit Playhouse for its achieving this honor;
(HLS 970)
Presented by Representative MOULTON of York.
Cosponsored by Senator HILL of York.
(5-8) Molly McCormick, of Turner, a 7th-grade student at Tripp Middle School, on her remarkable ability to help others by using her formidable skills in fund-raising. Molly has raised $8,500 for charity in the last 2 years. Her activities include the sale of chocolate Easter bunnies last spring, which netted $1,600 for Tripp Middle School in Turner and the Good Shepherd Food-Bank in Auburn. She has also raised $3,600 to buy magazines for sick children at the Barbara Bush Children's Hospital at the Maine Medical Center and has raised enough money to pay for 8 surgeries for Operation Smile, donating money from doing chores, babysitting and birthdays to the program. Molly has been inspired to help others because of her own family's experiences with surgeries as well as a life-threatening medical condition she survived as an infant. We send our appreciation to Molly McCormick on her generosity in helping others, and we congratulate her on her exceptional fund-raising over the years. We send her our best wishes on all her future endeavors;
(HLS 971)
Presented by Representative TIMBERLAKE of Turner.
Cosponsored by Senator MASON of Androscoggin.
(5-9) Jordan Hersom, of Turner, a student at Leavitt Area High School in Turner, on his receiving the 2012 James T. Fitzpatrick Trophy. The Fitzpatrick Trophy is given to the top senior player in high school football in Maine based on voting by the coaches and the media. We congratulate Jordan on his receiving this well-deserved honor;
(HLS 972)
Presented by Representative TIMBERLAKE of Turner.
Cosponsored by Senator MASON of Androscoggin.
(5-10) Andy Santerre, who was born and raised in Cherryfield and who is a NASCAR Grand National Division car owner and former champion driver, for his charitable contributions to northern Maine, including hosting the 8th Annual Andy Santerre Sno-Run Charity Event to fight sexual assault. The occasion's purpose is to raise awareness of and money for AMHC's sexual assault victim services in Aroostook County, which benefit anyone in need of help and support. Mr. Santerre, the 4-time Busch North Series champion and owner of Andy Santerre Motorsports, will kick off the Sno-Run by leading a 100-mile snowmobile excursion for this worthy cause. Over the years and as a result of Mr. Santerre's participation, the event has raised more than $237,000 to help victims of sexual assault. Funds also are used to help provide educational outreach in schools and local communities across Aroostook County. We extend our appreciation to Mr. Santerre for his ongoing contributions to his home state and we send him our best wishes;
(HLS 973)
Presented by Representative WILLETTE of Presque Isle.
Cosponsored by President RAYE of Washington, Representative EDGECOMB of Caribou, Representative TILTON of Harrington.
(5-11) Margaret Gardiner, of Woolwich, on the occasion of her 90th Birthday, February 11, 2012. She is the daughter of Governor William Tudor Gardiner, who was the Governor of Maine from 1929 to 1933, and Margaret Thomas Gardiner. Ms. Gardiner attended Radcliffe College and left college during World War II to learn radio maintenance at Raytheon Company and then joined the Women's Army Corp, training troops in chemical warfare in the Utah desert. After the war, Ms. Gardiner earned her degree in chemistry at the University of Maine at Orono on the GI Bill and did graduate work at Cornell University. She returned to the family farm in 1950 to raise Morgan horses, becoming an international expert in the breed and winning many awards in show internationally as well as locally. She has raised more than 200 horses at the Kennebec Morgan Farm. Ms. Gardiner showed her Maine-bred horses at Sandringham, England and came in First Place, ahead of Britain's Prince Phillip, in four-in-hand carriage driving. She was named American Horsewoman of the Year in 1986. We send her our congratulations and best wishes on this notable birthday;
(HLS 974)
Presented by Representative KENT of Woolwich.
Cosponsored by Senator GOODALL of Sagadahoc, Representative MacDONALD of Boothbay, Representative FOSSEL of Alna, Representative CLARKE of Bath, Representative OLSEN of Phippsburg, Senator GERZOFSKY of Cumberland, Representative PRIEST of Brunswick, Representative CORNELL du HOUX of Brunswick.
(5-12) the City of Saco, as it celebrates the 250th Anniversary of its founding. Originally, the dramatic falls of the Saco River were a favorite destination of Abenaki tribes for seasonal fishing and hunting. In 1617, an Englishman, Richard Vines, arrived in the area and named it Winter Harbor. Permanent settlers arrived in 1631. After a peace treaty with tribal leaders in 1713, the village along the Saco River grew and prospered with industrial growth. The entire east and west banks of the river were known as Saco and then as Biddeford, but in 1762 the new village of Pepperellborough was founded on the east bank, named after Sir William Pepperell, who donated land for a village common, a burial ground and a meetinghouse. The town continued to thrive with farming, shipbuilding and lumber, and by 1805 was named Saco. The city charter of Saco was adopted on February 18, 1867. We join the good citizens of the City of Saco in celebrating the 250th Anniversary of the founding of this notable Maine city and we send our best wishes to the community for continued success;
(HLS 975)
Presented by Representative VALENTINO of Saco.
Cosponsored by Senator HOBBINS of York, Representative PILON of Saco.
In Memory of:
(5-13) Leah "Red" Barnes Sandau, a longtime resident of Greenbush and a founder of Opportunity Maine, a leader in organizing grassroots initiatives that address Maine's educational, economic and energy challenges. Ms. Sandau was born in La Jolla, California and was a 1988 graduate of John Bapst Memorial High School in Bangor. She went on to study justice studies at the University of Maine at Augusta and graduated in 2006. She will be greatly missed and long remembered by her loving family, her many friends and those whose lives she touched;
(HLS 961)
Presented by Representative RUSSELL of Portland.
Cosponsored by Senator SCHNEIDER of Penobscot, Representative DUCHESNE of Hudson.
(5-14) Barbara Ann Spellman Wheaton, of Patten, the chair of the Patten area Republican Party from 1992 to 2003. Mrs. Wheaton was born in Stafford Springs, Connecticut and attended Fisher Junior College in Boston. She married Lee H. Wheaton in 1963 and they moved to Patten in 1968 when he started in an electrical engineering position at Great Northern Paper Company. Mrs. Wheaton also worked at Great Northern Paper Company as a typist before leaving to raise her family. Mrs. Wheaton was secretary for the Patten Academy Alumni Association for 38 years and for the Stetson Memorial United Methodist Church for 20 years. She also spent time as a Troop Greeter at the Bangor Airport during Operation Desert Storm. She will be greatly missed and long remembered by her loving family and many friends;
(HLS 976)
Presented by Representative LONG of Sherman.
Cosponsored by President RAYE of Washington, Senator THOMAS of Somerset.
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Ought to Pass Pursuant to Resolve
(6-1) Representative EDGECOMB for the Joint Standing Committee on Agriculture, Conservation and Forestry on Resolve, To Promote the Expansion of the Maine Maple Sugar Industry (EMERGENCY)
(H.P. 1338) (L.D. 1814)
Reporting Ought to Pass pursuant to Resolve 2011, chapter 48, section 8.
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Divided Report
(6-2) Majority Report of the Committee on INLAND FISHERIES AND WILDLIFE reporting Ought to Pass as Amended by Committee Amendment "B" (H-692) on Bill "An Act To Reduce Deer Predation"
(H.P. 298) (L.D. 372)
Signed:
Senators:
MARTIN of Kennebec
PATRICK of Oxford
SAVIELLO of Franklin
Representatives:
DAVIS of Sangerville
BRIGGS of Mexico
CLARK of Millinocket
CRAFTS of Lisbon
ESPLING of New Gloucester
GUERIN of Glenburn
SARTY of Denmark
SHAW of Standish
WOOD of Sabattus
Minority Report of the same Committee reporting Ought Not to Pass on same Bill.
Signed:
Representative:
EBERLE of South Portland
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CONSENT CALENDAR
First Day
In accordance with House Rule 519, the following items appeared on the Consent Calendar for the First Day:
(7-1) (S.P. 533) (L.D. 1623) Bill "An Act To Simplify Toll Discounts and Amend Certain Powers and Procedures of the Maine Turnpike Authority" (EMERGENCY) Committee on TRANSPORTATION reporting Ought to Pass as Amended by Committee Amendment "A" (S-373)
(7-2) (H.P. 1206) (L.D. 1599) Bill "An Act To Amend Deferred Disposition under the Maine Juvenile Code" Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY reporting Ought to Pass
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CONSENT CALENDAR
Second Day
In accordance with House Rule 519, the following item appeared on the Consent Calendar for the Second Day:
(8-1) (H.P. 1198) (L.D. 1593) Resolve, To Name Route 1-A between Brewer and Ellsworth the Korean War Veterans Highway (C. "A" H-693)
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Acts
(10-1) An Act To Enhance the Duties and Responsibilities of the Director of the Division for the Deaf, Hard of Hearing and Late Deafened
(H.P. 1228) (L.D. 1638)
Reported by the Committee on Engrossed Bills as truly and strictly engrossed.
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ORDERS OF THE DAY
HOUSE CALENDAR
THURSDAY, FEBRUARY 9, 2012
The following matters, in the consideration of which the House was engaged at the time of adjournment yesterday, have preference in the Orders of the Day and continue with such preference until disposed of as provided by House Rule 502.
1. Expression of Legislative Sentiment Recognizing Adam Parker Thebeau, of Lisbon Falls
(HLS 954)
TABLED - January 26, 2012 (Till Later Today) by Representative ESPLING of New Gloucester.
PENDING - PASSAGE.
2. Expression of Legislative Sentiment Recognizing the Stonington Opera House, as it celebrates its 100th Anniversary
(HLS 958)
TABLED - January 31, 2012 (Till Later Today) by Representative KUMIEGA of Deer Isle.
PENDING - PASSAGE.
3. HOUSE DIVIDED REPORT - Majority (7) Ought Not to Pass - Minority (6) Ought to Pass as Amended by Committee Amendment "B" (H-691) - Committee on LABOR, COMMERCE, RESEARCH AND ECONOMIC DEVELOPMENT on Bill "An Act To Amend the Labor Laws Relating to Certain Agricultural Employees"
(H.P. 898) (L.D. 1207)
TABLED - February 8, 2012 (Till Later Today) by Representative PRESCOTT of Topsham.
PENDING - Motion of same Representative to ACCEPT the Minority OUGHT TO PASS AS AMENDED Report.
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STATUTORY ADJOURNMENT DATE APRIL 18, 2012
NOTICE
House Divided Report that will appear on the House Calendar later:
(1) From the Committee on Taxation on Bill "An Act To Dedicate a Percentage of the Sales and Use Tax on Motor Vehicles and Motor Vehicle Parts to the Highway Fund"
(H.P. 45) (L.D. 52)
Ought to Pass as Amended
by Committee Amendment "A" (H-694) (7 members)
Ought Not to Pass (4 members)
Heather
J.R. Priest
Clerk of the House
State of Maine
House of Representatives
125th Legislature
Second Regular Session
HOUSE ADVANCE JOURNAL AND CALENDAR
http://www.maine.gov/legis/house/hcalfr.htm
SUPPLEMENT NO. 1
(1-1) The following Joint Order: (S.P. 626)
ORDERED, the House concurring, that when the House and Senate adjourn, they do so until Tuesday, February 14, 2012, at 10:00 in the morning.
Comes from the Senate, READ and PASSED.
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