Kevin L. Raye
President of the Senate



Joseph G. Carleton, Jr.

Secretary of the Senate

 

One Hundred and Twenty-Fifth Legislature

Second Regular Session

 

Advance Journal and Calendar

 

10th Legislative Day

 

In Senate Chamber, Thursday, February 2, 2012.

 

Senate called to Order by President Kevin L. Raye of Washington County.

 

Prayer by Rev. Isaac Paynter of Brownville Junction United Methodist Church in Brownville Junction.

 

Pledge of Allegiance led by Senator Troy D. Jackson of Aroostook County.

 

Reading of the Journal of Tuesday, January 31, 2012.

 

Doctor of the day, Lisa Letourneau, MD, MPH of Scarborough.

 

 

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Out of order and under suspension of the Rules, on motion by Senator COURTNEY of York, the following Joint Order:

S.P. 623

 

Ordered, the House concurring, that when the House and Senate adjourn, they do so until Tuesday, February 7, 2012, at 10:00 in the morning.

 

 

 

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PAPERS FROM THE HOUSE

 

House Papers

 

 

(1-1)  Bill "An Act Regarding the Collection of Fees for Prepaid Wireless Service"

H.P. 1326  L.D. 1799

 

 

Comes from the House, REFERRED to the Committee on ENERGY, UTILITIES AND TECHNOLOGY and ordered printed.

 

 

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(1-2)  Bill "An Act To Conform Maine Apprenticeship Program Standards with Federal Apprenticeship Regulations"

H.P. 1327  L.D. 1800

 

Comes from the House, REFERRED to the Committee on LABOR, COMMERCE, RESEARCH AND ECONOMIC DEVELOPMENT and ordered printed.

 

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Joint Orders

 

 

(1-3)  The following Joint Order:

H.P. 1328

            ORDERED, the Senate concurring, that the Joint Standing Committee on Health and Human Services shall report out, to the House, 4 bills pursuant to Resolve 2011, chapter 81:

 

            1.  "An Act To Amend the Laws Governing Confidentiality of Health Care Information";

 

            2.  "An Act To Require Photographic Identification for Prescriptions for Certain Controlled Substances";

 

            3.  "An Act To Provide Immunity for Prescribing and Dispensing Intranasal Naloxone Kits"; and

 

            4.  "An Act To Amend the Laws Governing Prosecution of Individuals Possessing a Controlled Substance under Certain Circumstances."

 

 

Comes from the House, READ and PASSED.

 

 

 

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An Expression of Legislative Sentiment recognizing:

 

(1-4)  the Lewiston-Auburn CA$H Coalition, a tax preparation leader in Maine's earned income tax credit coalitions for the 8th year in a row, on its receiving the 2012 Androscoggin County Chamber of Commerce Community Service Leadership Award.  The Lewiston-Auburn CA$H Coalition, a group of over 20 community partners in the Lewiston and Auburn area, promotes the earned income tax credit, which enhances family household budgets.  We congratulate the Lewiston-Auburn CA$H Coalition on its receiving this well-deserved award;

HLS 959

 

 

Comes from the House, READ and PASSED.

 

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COMMUNICATIONS

 

(2-1)  The Following Communication:

S.C. 685

 

STATE OF MAINE

ONE HUNDRED AND TWENTY-FIFTH LEGISLATURE

COMMITTEE ON HEALTH AND HUMAN SERVICES

 

January 26, 2012

 

Honorable Kevin L. Raye, President of the Senate

Honorable Robert W. Nutting, Speaker of the House

125th Legislature

State House

Augusta, Maine 04333

 

Dear President Raye and Speaker Nutting:

 

       Pursuant to Joint Rule 310, we are writing to notify you that the Joint Standing Committee on Health and Human Services has voted unanimously to report the following bills out "Ought Not to Pass":

 

               L.D. 936                    An Act To Conform Maine Menu Labeling Laws to Federal Standards

 

               L.D. 1115                  An Act To Clarify the Responsibilities of the Maine Developmental Services Oversight and Advisory Board

 

               L.D. 1364                  An Act To Improve the Quality and Reduce the Cost of Health Care

 

We have also notified the sponsors and cosponsors of each bill listed of the Committee's action.


Sincerely,

 

S/Sen. Earle L. McCormick

Senate Chair

 

S/Rep. Meredith N. Strang Burgess

House Chair

 

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(2-2)  The Following Communication:

S.C. 686

 

STATE OF MAINE

ONE HUNDRED AND TWENTY-FIFTH LEGISLATURE

COMMITTEE ON MARINE RESOURCES

 

January 26, 2012

 

Honorable Kevin L. Raye, President of the Senate

Honorable Robert W. Nutting, Speaker of the House

125th Legislature

State House

Augusta, Maine 04333

 

Dear President Raye and Speaker Nutting:

 

       Pursuant to Joint Rule 310, we are writing to notify you that the Joint Standing Committee on Marine Resources has voted unanimously to report the following bill out "Ought Not to Pass":

 

               L.D. 1674                  Resolve, Directing the Department of Marine Resources To Examine the Role of 3rd-party Laboratories in Conducting Testing for the Department

 

We have also notified the sponsor and cosponsors of the Committee's action.

 

Sincerely,

 

S/Sen. Lois A. Snowe-Mello

Senate Chair

 

S/Rep. Windol C. Weaver

House Chair

 

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(2-3)  The Following Communication:

S.C. 687

 

STATE OF MAINE

ONE HUNDRED AND TWENTY-FIFTH LEGISLATURE

COMMITTEE ON STATE AND LOCAL GOVERNMENT

 

January 30, 2012

 

Honorable Kevin L. Raye, President of the Senate

Honorable Robert W. Nutting, Speaker of the House

125th Legislature

State House

Augusta, Maine 04333

 

Dear President Raye and Speaker Nutting:

 

       Pursuant to Joint Rule 310, we are writing to notify you that the Joint Standing Committee on State and Local Government has voted unanimously to report the following bill out "Ought Not to Pass":

 

               L.D. 769                    An Act To Review the Functions of the State Planning Office

 

We have also notified the sponsor and cosponsors of the Committee's action.

 

Sincerely,

 

S/Sen. Douglas A. Thomas

Senate Chair

 

S/Rep. H. David Cotta

House Chair

 

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(2-4)  The Following Communication:

H.C. 294

 

STATE OF MAINE

CLERK'S OFFICE

2 STATE HOUSE STATION

AUGUSTA, MAINE 04333-0002

 

January 31, 2012

 

The Honorable Joseph G. Carleton, Jr.

Secretary of the Senate

3 State House Station

Augusta, Maine  04333

 


Dear Secretary Carleton:

 

Please be advised that pursuant to House Rule 201.1 (I)(a), the Speaker rescinded the appointment of Representative David Slagger of the Houlton Band of Maliseet Indians to the Joint Standing Committee on Labor, Commerce, Research and Economic Development and appointed him to the Joint Standing Committee on Inland Fisheries and Wildlife effective immediately.

 

Sincerely,

 

S/Heather J.R. Priest

Clerk of the House

 

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ORDERS

 

Joint Orders

 

Expressions of Legislative Sentiment recognizing:

 

(4-1)  Bernard R. Vining, of Weld, on his retirement after serving the Town of Weld for 36 years.  Mr. Vining was born in Weld and is a lifelong resident.  He is a veteran of the United States Army, serving in World War II for 24 months in 8 different countries in the European Theater with the 80th Infantry Division of the United States Third Army.  He has been a member of the Freemasons for 67 years and is a charter member of the Weld American Legion Post No. 203.  Mr. Vining retired from the lumbering business in 1990.  He served the Town of Weld on the Appeals Board and for 32 years as a selectman, first from 1959 to 1970 and most recently from 1991 to 2012.  We congratulate him on his retirement and send him our best wishes;

SLS 551

Sponsored by Senator SAVIELLO of Franklin.

Cosponsored by Representative: PETERSON of Rumford.

 

 

(4-2)  the Lisbon High School Cheering Squad, on its winning the Western Class C State Championship on January 28, 2012.  We congratulate the members of the squad on this achievement and send them our best wishes;

SLS 552

Sponsored by Senator MASON of Androscoggin.

Cosponsored by Representatives: CRAFTS of Lisbon, ESPLING of New Gloucester.

 

 

(4-3)  Ralph A. Lee, of Albion, on his 90th Birthday.  Mr. Lee was born in Pittsfield on November 6, 1921 and grew up in Albion, where he was raised on a farm and played sports.  He is a 1941 graduate of Besse High School and a proud World War II veteran, having served in the United States Army from 1943 to 1946.  In 1947, Mr. Lee married Dorothy Robbins, and they raised 2 daughters and have 4 grandchildren and 5 great-grandchildren.  He worked in construction as a heavy equipment operator until 2001, then worked at Lakeview Lumber in China until he was 88 years of age.  We congratulate Mr. Lee on his 90th birthday and send him our best wishes;


 

SLS 553

Sponsored by Senator MARTIN of Kennebec.

Cosponsored by Representative: COTTA of China.

 

 

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Joint Resolution

 

Joint Resolution in Memoriam:

 

WHEREAS, the Legislature has learned with deep regret of the death of:

 

(4-4)  the Honorable James C. MacLeod, of Bar Harbor, our colleague and friend, who served in the Maine House of Representatives during the 105th, 106th and 107th legislative sessions.  After graduating from Bar Harbor High School, Mr. MacLeod enlisted in the United States Army, serving in the Rhineland-Central Europe-Ardennes area during World War II.  Mr. MacLeod and his wife, Jane, owned and operated MacLeod's Variety Store and Cabins and the original Bluenose Inn.  He worked as vice president of marketing and public relations at Bar Harbor Bank and Trust, and served on its board of directors for 37 years.   Mr. MacLeod also served on countless boards and committees around his community and was an original founder and trustee of College of the Atlantic.  He was an active member of the Republican Party, serving as the Republican County Committee Chairman, the Republican Town Committee Chairman and a delegate to several state Republican conventions.  He was a member of the Bar Harbor Congregational Church.  We acknowledge his dedicated and longtime service to his community and to the State.  He will be greatly missed by his family, friends and colleagues;

SLS 554

 

Sponsored by Senator LANGLEY of Hancock.

Cosponsored by Senator: President RAYE of Washington, Representative: FLEMINGS of Bar Harbor.

 

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REPORTS OF COMMITTEES

 

House

 

Ought to Pass

 

(5-1)  The Committee on EDUCATION AND CULTURAL AFFAIRS on Bill "An Act To Update the Laws Concerning the Maine School of Science and Mathematics"

H.P. 1197  L.D. 1592

 

Reported that the same Ought to Pass.

 

Comes from the House with the Report READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED.

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(5-2)  The Committee on STATE AND LOCAL GOVERNMENT on Bill "An Act To Allow the Adjutant General To Address a Joint Session of the Legislature" (EMERGENCY)

H.P. 1229  L.D. 1639

 

Reported that the same Ought to Pass.

 

 

Comes from the House with the Report READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED.

 

_________________________________

 

Ought to Pass As Amended

 

(5-3)  The Committee on TAXATION on Bill "An Act Relating to Fiscal Notes on Proposed Legislation"

H.P. 1127  L.D. 1535

 

Reported that the same Ought to Pass as Amended by Committee Amendment "A" (H-685).

 

 

Comes from the House with the Report READ and ACCEPTED and the Bill PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (H-685).

 

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Senate

 

Refer to the Committee on Judiciary

Pursuant to Resolve

 

(5-4)  Senator HASTINGS for the Committee on JUDICIARY on Bill "An Act To Implement Recommendations of the Commission To Study Priorities and Timing of Judicial Proceedings in State Courts"

S.P. 622  L.D. 1802

 

Reported that the same be REFERRED to the Committee on JUDICIARY, pursuant to Resolve, chapter 104, section 9.

 

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ENACTORS

 

The Committee on Engrossed Bills reported as truly and strictly engrossed the following:

 

Acts

 

 

(7-1)  An Act To Increase the Amount Tagging Agents Receive for Tagging Game

H.P. 467  L.D. 637
(C "B" H-683)

 

 

(7-2)  An Act To Improve the Administration of the Legislative Ethics Laws

S.P. 350  L.D. 1150

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ORDERS OF THE DAY

 

Unfinished Business

 

The following matters in the consideration of which the Senate was engaged at the time of Adjournment have preference in the Orders of the Day and continue with such preference until disposed of as provided by Senate Rule 516.

 

1.

 

Tabled and Later Assigned (1/5/12)

 

JOINT RESOLUTION - memorializing Robert H. Foster, of Portland, a Down East native

SLS 531

 

Tabled - January 5, 2012, by Senator COURTNEY of York

 

Pending - ADOPTION

 

 

(In Senate, January 5, 2012, READ.)

 

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2.

 

Tabled and Later Assigned (1/19/12)

 

Pursuant to Statutes

 

SENATE REPORTS - from the Committee on VETERANS AND LEGAL AFFAIRS on Bill "An Act Regarding the Matching Funds Provisions of the Maine Clean Election Act" (EMERGENCY)

S.P. 612  L.D. 1774


Majority - Ought to Pass pursuant to Resolve (7 members)  [FARNHAM, PLOWMAN]

 

Minority - Ought to Pass as Amended by Committee Amendment "A" (S-371) pursuant to Resolve (6 members)  [PATRICK]

 

Tabled - January 19, 2012, by Senator FARNHAM of Penobscot

 

Pending - ACCEPTANCE OF EITHER REPORT

 

 

(In Senate, January 19, 2012, Reports READ.)

 

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3.

 

Tabled and Later Assigned (1/26/12)

 

HOUSE REPORT - from the Committee on LABOR, COMMERCE, RESEARCH AND ECONOMIC DEVELOPMENT on Bill "An Act To Create Transparency and Accountability in Economic Development Subsidies"

H.P. 1065  L.D. 1451

 

 

Report - REFER to the Committee on TAXATION

 

Tabled - January 26, 2012, by Senator COURTNEY of York

 

Pending - ACCEPTANCE OF REPORT, in concurrence

 

 

(In House, January 24, 2012, Report READ and ACCEPTED and Bill REFERRED to the Committee on TAXATION.)

 

(In Senate, January 26, 2012, Report READ.)

 

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