At nine o’clock and thirty minutes in the forenoon the Speaker called the House to order.
Devotional exercises were conducted by Reverend Albert Collins of Websterville Baptist Church.
Joint Resolution Referred to Committee
J.R.H. 92
Reps. Helm of Castleton, Dwyer of Thetford and Holmes of Bethel offered a joint resolution, entitled
Joint resolution relating to the Green Mountain Boys of the Vermont National Guard;
Whereas, Benning Wentworth, the first Royal Governor of New Hampshire, had been told by leading governmental officials in London that in light of New Hampshire's duty to protect Fort Dummer, the colony could lay claim to lands west of the Connecticut River, and
Whereas, based on these legal assurances Governor Wentworth proceeded to issue his first grant for the town of Bennington in 1749, and
Whereas, this was the first of many grants that Wentworth either issued or confirmed consequently sparking an influx of independent minded homesteaders into the valleys and plateaus of the Green Mountains, and
Whereas, so agitated was the colonial government of New York that its increasingly vociferous complaints to London resulted in King George III's issuance of the Royal Proclamation of July 20, 1764, that declared New York's eastern border to be at the Connecticut River, and
Whereas, the infuriated settlers who had migrated to the Green Mountains, based on the authority of the Wentworth Grants, were staunchly determined to remain in the future Vermont, and
Whereas, on June 28, 1770, Ethan Allen, the political and spiritual forefather of Vermont, unsuccessfully defended, before a hardly impartial New York Court, the legal rights of squatters residing in Shaftsbury who claimed that they held a valid Wentworth grant, and
Whereas, Allen shortly thereafter convened a meeting at Fay's Tavern in Bennington that led to the formation of an unauthorized citizen militia dubbed the "Green Mountain Boys," and
Whereas, although Ethan Allen would periodically redefine his personal political philosophy, the fundamental justification for the Green Mountain Boys' existence, namely, to defend the legal legitimacy and property rights of the grants' settlers never abated, and
Whereas, meeting in convention at Bennington, shortly after the Battle of Bunker Hill, the Green Mountain Boys’ five years of self-styled protective defensive measures against the Yorkers were put aside as this highly unorthodox militia became the yet to be named territory's first official fighting force, and
Whereas, this ragtag ever changing brigade would emerge after the Revolutionary War as the foundation of Vermont's own state militia now officially known as the Vermont National Guard, and
Whereas, members of the 13th, 14th and 16th regiments of the 2nd Vermont Brigade, who were fondly known as the Green Mountain Boys, were called upon by the Commander of the Potomac, General George Gordon Meade, to reenforce the Union line at Cemetery Ridge during a crucial moment of the Battle of Gettysburg, and
Whereas, the lengthy list of military accomplishments by units, that were referred to as the Green Mountain Boys over the last 200 years, is undisputed and recognized internationally, and
Whereas, the Green Mountain Boys’ distinctive name is recognized by all military organizations as a proud and an unstoppable force when given a mission, and
Whereas, the name Green Mountain Boys still has a very special, and profound, historical meaning for the members of the Vermont National Guard, now therefore be it
Resolved by the Senate and House of Representatives:
That the General Assembly strongly urges that the Vermont National Guard retain the name Green Mountain Boys as a proud and historic appellation that hasserved Vermonters well for over two centuries, and be it further
Resolved: That the Secretary of State be directed to send a copy of this resolution to Governor Howard Dean and to the Adjutant General of the Vermont National Guard.
Which was read and, in the Speaker’s discretion, treated as a bill and referred to the Committee on General, Housing and Military Affairs.
Joint Resolution Adopted
J.R.H. 93
The Committee on Agriculture offered a joint resolution, entitled
Joint resolution relating to Senator Patrick J. Leahy to promote the Northeast Interstate Dairy Compact;
Whereas, the Northeast Interstate Dairy Compact originated in the Vermont legislature, which approved it three times with one dissenting vote, and
Whereas, the Compact has universal support among the citizenry of Vermont and throughout New England, including the active political leadership of every state, and
Whereas, the Compact is critical to the maintenance of the region’s dairy industry, if not its survival, offering both income stability and income enhancement to dairy farmers, and
Whereas, operation of the Compact will annually infuse from $10 - $25 million directly into the state’s dairy industry economy and upwards of $75 million into the rural economy, and
Whereas, the Compact is now the subject of intense consideration by the Congress, having been recently struck from the Senate Farm Bill by the narrowest of margins, shortly after having been approved overwhelmingly by the Senate during the Budget Reconciliation Act process, and
Whereas, by virtue of his long-standing service as Vermont’s Senior Senator and tenure as Chair of the Senate Agriculture Committee, U.S. Senator Patrick J. Leahy has the stature to ensure the implementation of sound government policy which promotes the interests of Vermont’s dairy industry, such as the Compact, and
Whereas, Senator Patrick J. Leahy will sit on the Farm Bill ConferenceCommittee because of his position as Ranking Member of the Senate Agriculture Committee, now therefore be it
Resolved by the Senate and House of Representatives:
That the Vermont General Assembly call upon Vermont’s Senior Senator, Senator Patrick J. Leahy, to devote all necessary attention and to devise and implement all means necessary to ensure Congressional approval of the Northeast Interstate Dairy Compact in the Farm Bill or by operation of some other legislation, and be it further
Resolved: That the Secretary of State be directed to send a copy of this Resolution to the Vermont Congressional Delegation, U.S. Senate Majority Leader Robert Dole and U.S. Senate Minority Leader Thomas Daschle.
Which was read and adopted on the part of the House.
Joint Resolution Placed on Calendar
J.R.H. 94
Reps. Moore of Rutland City, Aswad of Burlington, Bristol of Brattleboro, Corey of Franklin, Dunne of Hartland, Flaherty of South Burlington, Hudson of East Montpelier, Lindgren of Springfield, McNamara of Burlington, Peaslee of Guildhall, Pembroke of Bennington, Perry of Richford, Weeks of Wallingford and Wisell of Bristol offered a joint resolution, entitled
Joint resolution memorializing Congress to authorize the states to use federal ISTEA funds for Amtrak related expenses;
Whereas, the Amtrak Vermonter train has proven to be an important tool for both economic development and tourist promotional activities for the state of Vermont, and
Whereas, through an aggressive marketing campaign, the Vermonter has steadily increased its ridership and gained in public support, and
Whereas, the Vermont General Assembly has appropriated $581,000.00, and guaranteed a maximum of $750,000.00, to support the Vermonter’s operations for the year ending March 31, 1996, and
Whereas, Amtrak officials have indicated that in order to continue the Vermonter for another year, the state will be required to contribute a subsidy payment of $980,000.00, and
Whereas, the proposed establishment of a Green Mountain Train to Rutland,Vermont, is a high transportation priority, and
Whereas, during the current fiscal year, the state is spending one million dollars
for infrastructure repairs to upgrade the track between Whitehall, NY and Rutland to Amtrak’s safety and speed standards, and
Whereas, the cost of completing this essential rail improvement is $3.7 million dollars, and
Whereas, once the track work is completed, the state will be required to subsidize the Green Mountain Train at a cost of $200,000.00 a year, and
Whereas, the states should have the flexibility to determine their surface transportation priorities, and
Whereas, the state of Vermont, despite major budgetary difficulties, is appropriating large sums in order that Amtrak service will continue to be available to Vermonters as well as those who desire to visit the state, now therefore be it
Resolved by the Senate and House of Representatives:
That the General Assembly strongly urges the Unites States Congress to enact legislation authorizing the states to spend a portion of their ISTEA grants to pay for capital and operational expenses related to Amtrak, and be it further
Resolved: That the Secretary of State be directed to send a copy of this resolution to the chairs of the United States Senate Committee on Commerce, Science and Transportation and its Subcommittee on Surface Transportation, the chairs of the United States House Committee on Transportation and Infrastructure and its Subcommittee on Rail, the members of the Vermont Congressional Delegation, the United States Secretary of Transportation and the President of Amtrak
Which was read and, in the Speaker’s discretion, placed on the Calendar for action tomorrow under Rule 52.
Joint Resolutions Adopted in Concurrence
The Speaker placed before the House the following Joint resolutions, which were read and adopted in concurrence.
J.R.S. 67
Joint resolution relating to educating family members about breast cancer;
Whereas, it is important to recognize that a woman’s fight against breast cancer is a family matter, and
Whereas, it is important that children, husbands and brothers be educated and offered emotional support as the women in their lives undergo breast cancer treatment, and
Whereas, it is important that adult males, in particular, educate themselves in how to support the women in their lives that have contracted breast cancer, and
Whereas, February being recognized as the month of love, it is especially important that this issue be highlighted to make sure that an entire family touched by breast cancer is helped in every way possible, now therefore be it
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES:
That the special needs of family members whose loved ones are valiantly undergoing breast cancer treatment be especially remembered during the month of February.
J.R.S. 68
Joint resolution relating to the 1996 Midsummer Festival of the Arts.
Whereas, a diverse array of highly-talented artists and craftspeople are performing and creating innumerable artistic delights throughout Vermont, and
Whereas, the Onion River Arts Council will hold its annual Midsummer Festival of the Arts in Montpelier on Friday, July 12 and Saturday, July 13, 1996, and
Whereas, this weekend of celebrating the arts in Vermont will focus on special medieval themes and motifs, now therefore be it
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES:
That the State House lawn and parking facilities be made available for this festival, that three tents be allowed to be used in its production, and that this festival be subject to coordination with the Commissioner of State Buildings.
Committee Bill Introduced
H.783
Rep. Starr of Troy, for the Committee on Agriculture, introduced a bill, entitled
An act relating to industrial hemp;
Which was read the first time and, under the rule, placed on the Calendar for notice tomorrow.
Senate Bills Referred
Senate bills of the following titles were severally taken up, read the first time and referred as follows:
S. 71
Senate bill, entitled
An act relating to naturopathic physicians; unprofessional conduct complaints and the release of such information to the office of professional regulation;
To the committee on Health and Welfare.
S. 164
Senate bill, entitled
An act relating to careless and negligent operation of a motor vehicle; vehicular negligence; and vehicular endangerment;
To the committee on Judiciary.
S. 282
Senate bill, entitled
An act relating to signing select board orders;
To the committee on Local Government.
Third Reading; Bill Passed
H. 230
House bill, entitled
An act relating to trade secrets;
Was taken up, read the third time and passed.
Bill Amended, Read Third Time and Passed
H. 239
House bill, entitled
An act relating to licensed lenders;
Was taken up and pending third reading of the bill, Rep. Milkey of Brattleboro moved to amend the bill as follows:
In Sec. 16, in § 2215(b), by striking the following "by a fine of $1,000.00 or a year in prison, or both" and inserting in lieu thereof the following: by a fine of not more than $1,000.00, or not more than a year in prison, or both
Which was agreed to.
Thereupon, the bill was read the third time and passed.
Third Reading; Bill Passed in Concurrence
With Proposals of Amendment
S. 61
Senate bill, entitled
An act relating to early retirement options;
Was taken up, read the third time and passed in concurrence with proposals of amendment.
Action on Bill Postponed
H. 324
Rep. Sullivan of Burlington, for the Committee on Natural Resources and Energy, to which had been referred House bill, entitled
An act relating to energy standards and residential housing;
Reported in favor of its passage when amended by striking all after the enacting clause and inserting in lieu thereof the following:
Sec. 1. 21 V.S.A. chapter 3, subchapter 9 is added to read:
Subchapter 9. Residential Building Energy Standards
§ 266. RESIDENTIAL BUILDING ENERGY STANDARDS
(a) Definitions. For purposes of this subchapter, the following definitions apply:
(1) "Builder" means the general contractor or other person in charge of construction, who has the power to direct others with respect to the details to be observed in construction.
(2) "Residential buildings" means one family dwellings, two family dwellings, and multi-family housing three stories or less in height.
(3) "Residential construction" means new construction of residential buildings, and the construction of residential additions that create 500 square feet of new floor space, or more.
(b) Adoption of Residential Building Energy Standards (RBES). Residential construction commencing on or after July 1, 1996 shall be in compliance with the standards contained in the 1995 edition of the "Model Energy Code" (MEC) prepared by the Council of American Building Officials, as those standards have been amended by the general assembly in the act that initially adopts the Model Energy Code.
(c) Revision and interpretation of energy standards. On or about January 1, 1999, and every three years thereafter, the commissioner shall amend and update the RBES, by means of administrative rules adopted in accordance with 3 V.S.A. chapter 25. Portions of the RBES adopted by act of legislation also may be amended by the commissioner. The department of public service shall provide technical assistance and expert advice to the commissioner in the interpretation of the RBES and in the formulation of specific proposals for amending the RBES. At least a year prior to final adoption of each revision of the RBES, the department of public service shall convene an advisory committee to include one or more mortgage lenders, builders, building designers, utility representatives, and other persons with experience and expertise, such as consumer advocates and energy conservation experts. The advisory committee may provide the commissioner with additional recommendations for revision of the RBES.
(1) Any amendments to the RBES shall be:
(A) Consistent with duly adopted state energy policy, as specified in 30 V.S.A.
§ 202a, and consistent with duly adopted state housing policy.
(B) Evaluated relative to their technical applicability and reliability.
(C) Cost-effective and affordable from the consumer’s perspective.
(2) Each time the RBES are amended by the commissioner, the amended RBES shall become effective upon a date specified in the adopted rule, a date that shall not be less than three months after the date of adoption. Persons commencing residential construction before the effective date of the amended RBES shall have the option of complying with the applicable provisions of the earlier or the amended RBES. After the effective date of the original or the amended RBES, any person commencing residential construction in an area subject to the RBES shall comply with the most recent version of the RBES.
(3) In the first cycle of revision of the RBES, the commissioner shall establish standards for ventilation and shall consider revisions including:
(A) A prohibition of tankless coil water heaters integral with gas-fired and oil-fired boilers.
(B) A requirement for sealed combustion, induced or forced draft combustion equipment when exhaust-only ventilation systems are installed.
(C) A requirement for adequate make-up air ducted directly to the combustion area of wood and pellet stoves and fireplaces.
(4)(A) As the Model Energy Code is primarily a performance-based code, the department of public service shall develop and disseminate prescriptive criteria that builders may use in lieu of any computer software, calculations and trade-off worksheets, or systems analysis to comply with the code. A base prescriptive package shall be included in the rules and updated as appropriate.
(B) Additional prescriptive packages which satisfy the performance approach shall be developed by July 1, 1996 and disseminated by the department of public service. Each time the RBES are amended by the commissioner, the department of public service shall develop modified compliance packages which will become available to the public by the date that the amendment becomes effective.
(5) A home energy rating, from a Vermont-accredited home energy rating organization, that is determined to indicate energy performance equivalent to the RBES, shall be an acceptable means of demonstrating compliance.
(d) Role of RBES in Act 250. For residential construction subject to jurisdiction under 10 V.S.A. chapter 151, substantial and reliable evidence of compliance with RBES established and updated as required under this section shall serve as a presumption of compliance with 10 V.S.A. § 6086(a)(9)(F), except no presumption shall be created insofar as compliance with subdivision (a)(9)(F) involves the role of electric resistance space heating. In attempting to rebut a presumption of compliance created under this subsection, a challenge may only focus on the question of whether or not there will be compliance with the RBES established and updated as required under this subsection. A presumption under this subsection may not be overcome by evidence that the RBES adopted and updated as required under this section fail to comply with 10 V.S.A. § 6086(a)(9)(F).
(e) A certification may be issued by a builder, a licensed professional engineer, a licensed architect, or an accredited home energy rating organization. Ifcertification is not issued by a licensed professional engineer, a licensed architect or an accredited home energy rating organization, it shall be issued by the builder. Any certification shall certify that residential construction meets the RBES. The department of public service will develop and make available to the public a certification label that lists key features of the RBES. Any person certifying shall use this label or one substantially like it to certify compliance with RBES. Certification shall be issued by completing and signing a certification label and permanently affixing it to the outside of the heating or cooling equipment, to the electrical service panel located inside of the building, or in a visible location in the vicinity of one of these three areas. The certification label shall certify that the residential building has been constructed in compliance with the requirements of the RBES. The person certifying under this subsection shall provide a copy of each certification label to the department of public service. A builder may contract with a licensed professional engineer, a licensed architect, or an accredited home energy rating organization to issue certification and to relieve the builder from any liability to the owner of the residential construction caused by noncompliance with the RBES.
(f) Sanctions for failure to provide a certification label. The commissioner, pursuant to the process established in 10 V.S.A. chapter 201 for the administrative enforcement of environmental laws, may assess an administrative penalty of $200.00 against any builder who fails to provide a copy of the certification label, as required by subsection (e) of this section, to the department of public service or to the owner of the residential construction, within 30 days from the date of completion of construction. Likewise, the commissioner may assess a penalty of $200.00 against a licensed professional engineer, a licensed architect, or an accredited home energy rating organization, if the engineer, architect or organization issues certification under this section to the owner of residential construction, but fails to provide a copy of the certification label to the department of public service.
(g) Action for damages. A right of action by an owner of residential construction based on noncompliance with RBES may not be waived and shall exist whether or not the certification is affixed as required by this section. Nothing in this section shall be construed to limit preexisting rights or remedies, except that actions may not be brought more than six years after the date of filing the copy of the certification with the department of public service.
(h) Applicability and exemptions. The construction of a residential addition to a building shall not create a requirement that the entire building comply with this subchapter. The following residential construction shall not be subject to the requirements of this subchapter:
(1) Buildings or additions whose peak energy use design rate for all purposes is less than 3.4 BTU’s per hour, per square foot, or less than one watt per square foot of floor area.
(2) Homes subject to Title VI of the "National Manufactured Housing Construction and Safety Standards Act" of 1974 (42 U.S.C. §§ 5401-5426).
(3) Buildings or additions that are neither heated nor cooled.
§ 267. HOME ENERGY RATING ORGANIZATION ACCREDITATION
(a) Within 180 days from the effective date of the U.S. Department of Energy's final rules on "Voluntary Home Energy Rating System Guidelines" (10 CFR Part 437), the department of public service shall commence rulemaking to establish criteria for accrediting organizations that provide home energy rating services for residential buildings. The accreditation criteria shall be consistent with this chapter and shall include those in the U.S. Department of Energy's final rules on "Voluntary Home Energy Rating System Guidelines" (10 CFR Part 437).
(b) The department of public service shall carry out an accreditation process pursuant to subsection (a) of this section in consultation with representatives of interested parties including builders, building designers, mortgage lenders, real estate licensees, home appraisers, utilities, non-utility fuel suppliers, the Vermont Housing Finance Agency, and contractors who provide home energy rating services. As part of the accreditation process, the department of public service shall determine whether each provider of home energy ratings in the state of Vermont complies with the accreditation criteria adopted pursuant to this section.
(c) Once the department of public service carries out an accreditation process pursuant to subsection (b) of this section, no organization may provide home energy rating services in the state unless the organization has been accredited by the department.
(d) The department shall consult with the organizations described in subsection (b) of this section, to facilitate a public information program to inform homeowners, renters, sellers and others regarding the accreditation process and of the statewide home energy rating organizations accredited by the department.
Sec. 2. AMENDMENTS TO THE MODEL ENERGY CODE ADOPTED BY THIS ACT
The 1995 version of the Model Energy Code is amended as follows:
(1) in Section 303.1, by adding 303.1.1, to read "303.1.1 Exhaust dampers are required for kitchen, bath, and dryer fans."
(2) by adding two new sections to read:
SECTION 304
FIREPLACES
304.1 Fireplaces. If installed, fireplaces must include at least one of the following: tight-fitting doors; a tight-fitting chimney damper; or a chimney cap damper.
SECTION 305
DOMESTIC HOT WATER
305.1. Domestic Hot Water. Domestic hot water tanks must incorporate a minimum total R-14 insulation, except where a warranty is voided by installing tank wrap. Stand-alone domestic water heaters must include at least one of the following: internal heat traps built into the water heater; site-built external heat traps; or pipe insulation for the first accessible six feet on non-circulating hot and cold water pipes, in accordance with the requirements in Table 504.7 for circulating hot water pipes.
(3) by adding a new chapter to read:
CHAPTER 9
IMPLEMENTATION OF CODE IN VERMONT
SECTION 901
BASE PRESCRIPTIVE PACKAGE
901. Base prescriptive package. The following is the base prescriptive package referred to in 21 V.S.A. § 266(c)(4):
(1) Minimum R-38 insulation for flat ceilings.
(2) Minimum R-30 insulation for sloped ceilings.
(3) Minimum R-19 insulation for exterior walls.
(4) Minimum R-10 insulation for foundation walls.
(5) Minimum R-30 insulation for exposed floors.
(6) Minimum R-5 insulation for exterior doors.
(7) Minimum 82 percent annual fuel utilization efficiency (AFUE) for space heating systems.
(8) For single family homes, maximum 12 percent net glazing area as a percentage of gross wall area. For multi-family housing, maximum 15 percent net glazing area as a percentage of gross wall area.
(9) Maximum U-value of 0.4 for glazing, according to a National Fenestration Rating Council, Inc. (NFRC) rating, or non-metal window frame with double-pane with low-emissivity coating (low-E).
(10) At least double glazing, or single glaze with a storm sash, in basement foundation windows.
(11) Up to three percent of net glazing area may be exempt from the glazing requirement, and one door may be exempt from the door requirement. Glazing in doors must be counted as glazing area in window area calculations.
901.1. Base prescriptive package for log homes. A "log home" under this section is residential construction that uses log walls for all exterior walls. A "log wall" is a wall made of lengths of whole logs, one on top of the other, with the inside and the outside surfaces comprised primarily of the opposite sides of the same logs. The following is the base prescriptive package referred to in 21 V.S.A. § 266(c)(4) that applies to log homes:
(1) Minimum R-38 insulation for flat ceilings.
(2) Minimum R-28 insulation for sloped ceilings.
(3) Minimum R-10 insulation for foundation walls.
(4) Minimum R-30 insulation for exposed floors.
(5) Minimum R-5 insulation for exterior doors.
(6) Minimum 85 percent annual fuel utilization efficiency (AFUE) for space heating systems.
(7) For single family homes, maximum 12 percent net glazing area as a percentage of gross wall area.
(8) Maximum U-value of 0.4 for glazing, according to a National Fenestration Rating Council, Inc. (NFRC) rating, or non-metal window frame with double-pane with low-emissivity coating (low-E).
(9) At least double glazing, or single glaze with a storm sash, in basement foundation windows.
(10) Up to three percent of net glazing area may be exempt from the glazing requirement, and one door may be exempt from the door requirement. Glazing in doors must be counted as glazing area in window area calculations.
SECTION 902
COMPLIANCE SOFTWARE
902. Compliance software. In the case of single family homes, until compliance software is available for the 1995 MEC, the thermal energy performance approach to compliance with the 96 RBES shall consist of a total Ua (overall average heat transmission of a gross area of the exterior building envelope) at least 10 percent below the 1993 MEC requirement, using 93 MEC compliance software. In the case of log homes, as defined in this code, the thermal energy performance approach to compliance with the 96 RBES shall consist of being within 25 percent of the most recent RBES prescriptive package. The commissioner shall consider revisions to the standards with the goal of increasing the percentage of RBES efficiency to be achieved by log homes. In the case of multi-family housing, until compliance software is available for the 1995 MEC, the thermal energy performance approach to compliance with the 96 RBES shall consist of a total Ua at least 15 percent below the 1993 MEC requirement, using 93 MEC compliance software. Once compliance software for the 95 MEC is available, the department of public service, in consultation with the building and design community, shall determine the equivalent 95 MEC Ua value. The equivalent 95 MEC Ua shall then be required.
The bill, having appeared on the Calendar one day for notice, was taken up, read the second time.
Rep. Sullivan of Burlington moved to amend the proposal of amendment as offered by the Committee on Natural Resources and as follows:
First: in Sec. 1, 21 V.S.A. § 266(e), in the last sentence, by striking the word "relieve" and by inserting in lieu thereof the word: "indemnify"
Second: in Sec. 1, 21 V.S.A. § 266, by striking subsection (g) and inserting in lieu thereof the following:
(g) Action for damages. A right of action shall exist for noncompliance with RBES. Neither waiver nor the failure to affix the certification as required by this section shall be affirmative defenses in such an action. The rights and remedies created by this section shall be in addition to all other rights and remedies provided by statute or common law.
Third: by inserting a new section to read:
Sec. 3. 12 V.S.A. § 524 is added to read:
§ 524. ACTIONS BASED ON RESIDENTIAL BUILDING ENERGY STANDARDS
An action for noncompliance with the residential building energy standards adopted under 21 V.S.A. chapter 3, subchapter 9 shall be commenced within six years after the cause of action accrues, and not after those six years have expired. The cause of action shall be deemed to accrue as of the date of the filing of the copy of the certificate with the department of public service.
Pending the question, Shall the House amend the Natural Resources and Energy recommendation of amendment as moved by Rep. Sullivan of Burlington? the House recessed until ten o’clock and twenty nine minutes in the forenoon.
Joint Assembly
At ten o’clock and thirty minutes in the forenoon, the hour for the Joint Assembly having arrived, pursuant to the provisions of joint resolution, entitled
J.R.S. 60. Joint resolution to provide for a Joint Assembly ;
The Senate appeared in the Hall of the House.
Thereupon, the Joint Assembly having concluded its session, at eleven o’clock and forty minutes in the forenoon, the Speaker resumed the Chair.
Consideration Resumed
H. 324
House bill, entitled
An act relating to energy standards and residential housing;
Rep. Sullivan of Burlington moved that action on the bill be postponed until tomorrow, which was agreed to.
Action on Bill Postponed
H. 634
House bill, entitled
An act relating to creating a moratorium on the aerial spraying of herbicides for forestry purposes until the General Assembly has time to respond to specific recommendations on the issue;
Having appeared on the Calendar one day for notice, was taken up and pending the reading of the report of the Committee on Natural Resources andEnergy, on motion of Rep. Bressor of Richmond, action on the bill was postponed until tomorrow.
Recess
At eleven o’clock and forty-five minutes in the forenoon, the Speaker declared a recess until three o’clock in the afternoon.
At three o’clock in the afternoon, the Speaker called the House to order.
Message from Senate
A message was received from the Senate by Mr. Marshall, its Assistant Secretary, as follows:
Mr. Speaker:
I am directed to inform the House that the Senate has on its part passed Senate bill of the following title:
S. 270. An act relating to additional licensed beds in a licensed health care facility.
In the passage of which the concurrence of the House is requested.
The Senate has considered a bill originating in the House of the following title:
H. 178. An act relating to tattooists.
And has passed the same in concurrence with proposal of amendment in the adoption of which the concurrence of the House is requested.
The Senate has on its part adopted a joint resolution of the following title:
J.R.S. 70. Joint resolution relating to weekend adjournment.
In the adoption of which the concurrence of the House is requested.
The Governor has informed the Senate that on the 15th day of February, 1996, he approved and signed a bill originating in the Senate of the following title:
S. 181. An act relating to beer tastings on brew pubs.
Bill Amended; Third Reading Ordered
H. 708
Rep. Howard of Rutland Town, for the Committee on Ways and Means,to which had been referred House bill, entitled
An act relating to the establishment of a state-funded home heating fuel assistance program;
Reported in favor of its passage when amended as follows:
First: On page 3, by striking lines 3 through 6, and by inserting in lieu thereof the following:
(b) The fund shall be composed of $4,000,000.00, the estimated additional amount of the revenues received from the extension of the sales and use tax to nonfarm sales and uses under 32 V.S.A. § 9741(3), which is hereby appropriated from the general fund to the home heating fuel assistance fund for fiscal year 1997. The fund shall also be composed of such other funds as may be appropriated by the general assembly, including funds from the federal low income home energy assistance program (LIHEAP).
Second: On page 7, by striking lines 1 through 9, and by inserting in lieu thereof the following:
Sec. 2. 32 V.S.A. § 9741(3) is amended to read:
(3) Agriculture feeds, seed, plants, fertilizers, baler twine, recyclable silage bags and wrap obtained from a dealer who accepts used silage bags and wrap for recycling, liming materials, breeding and other livestock, semen breeding fees, baby chicks, turkey poults, agriculture chemicals, veterinary supplies, and bedding sold to a farmer. For purposes of this exemption, a Afarmer@ means a person who earns at least one-half of his or her annual gross income from the business of farming as that term is defined in Regulation 1.175-3 issued under the Internal Revenue Code of 1954.
Sec. 2a. 32 V.S.A. § 9745 is amended to read:
§ 9745. CERTIFICATE OR AFFIDAVIT OF EXEMPTION
Unless a vendor shall have taken from the purchaser a certificate, signed by the purchaser and bearing his name and address and the number of his registration certificate, to the effect that the property was purchased for resale or the purchaser prior to taking delivery, furnishes to the vendor any affidavit, statement or additional evidence, documentary or otherwise, which the commissioner may require demonstrating that the purchaser is an exempt organization described in section 9743 of this title or a farmer eligible for the exemption described in section 9741(3) of this title, the sale shall be deemed a taxable sale at retail. Provided, however, the commissioner may, in hisdiscretion, authorize a purchaser, who acquires tangible personal property or services under circumstances which make it impossible at the time of acquisition to determine the manner in which the tangible personal property or services will be used, to pay the tax directly to the commissioner and waive the collection of the tax by the vendor. Provided, further, the commissioner shall authorize any contractor, subcontractor or repairman who acquires tangible personal property consisting of materials and supplies for use by him in erecting structures for others, or building on, or otherwise improving, altering, or repairing real property of others, to pay the tax directly to the commissioner and waive the collection of the tax by the vendor. No such authority shall be granted or exercised except upon application to the commissioner and the issuance by the commissioner of a direct payment permit. If a direct payment permit is granted, its use shall be subject to conditions specified by the commissioner and the payment of tax on all acquisitions pursuant to the permit shall be made directly to the commissioner by the permit holder.
Third: On page 7, following line 15, by inserting a new Sec. 4 to read:
Sec. 4. EFFECTIVE DATE, SUNSET
This act shall take effect from passage, except that Secs. 2 and 2a, extending the sales and use tax to nonfarm sales and uses, shall take effect June 1, 1996, and shall terminate after June 30, 1997. On and after July 1, 1997, the provisions of 32 V.S.A. §§ 9741(3), and 9745 shall be in the form in existence on May 31, 1996.
Rep. Almy-Smith of Underhill, for the Committee on Appropriations, recommends the bill be amended as follows:
First: On page 2, by striking lines 19 and 20, and on page 3, by striking lines 1 through 10, and by inserting in lieu thereof the following:
§ 2603. HOME WEATHERIZATION AND HOME HEATING FUEL ASSISTANCE TRUST FUND
The funds for the home heating fuel assistance program shall be from the home weatherization and home heating fuel assistance trust fund established by section 2501 of this title.
Second: On page 2, in line 15, and on page 4, in line 15, by striking the numbers "1997-98", and by inserting in lieu thereof the numbers "1996-97", on page 4, in line 16, by striking the numbers "1998-99", and by inserting in lieu thereof the numbers "1997-98".
Third: On page 4, in line 14, before the words "home heating", by inserting the words "home weatherization and", and on page 6, in line 1, by striking the words "home energy", and by inserting in lieu thereof the words "home weatherization and home heating fuel".
Fourth: On page 7, by striking lines 1 through 9, and by inserting in lieu thereof the following:
Sec. 2. 33 V.S.A. § 2501 is amended to read:
§ 2501. HOME WEATHERIZATION AND HOME HEATING FUEL ASSISTANCE TRUST FUND
(a) There is created in the state treasury a fund to be known as the home weatherization and home heating fuel assistance trust fund to be expended by the director of the state office of economic opportunity in accordance with federal law and this chapter, and by the director of the office of home heating fuel assistance in accordance with chapter 26 of this title and other provisions of law.
(b) The fund shall be composed of the receipts from the gross receipts tax on retail sales of fuel and motor fuels gallonage fee imposed by section 2503 of this title, such funds as may be allocated from the oil overcharge fund, such funds as may be allocated from the federal low income energy assistance program, and such other funds as may be appropriated by the general assembly.
(c) All balances in the fund at the end of any fiscal year shall be carried forward and remain part of the fund. Interest earned by the fund shall be deposited into the fund. Disbursements from the fund shall be made by the state treasurer on warrants drawn by the commissioner of finance and management.
Sec. 3. 33 V.S.A. § 2503(a), (b), and (c) are amended to read:
(a) Gross receipts tax and motor fuels gallonage fee.
(1) There is imposed a gross receipts tax of *[0.5]* 0.75 percent on the retail sale of the following types of fuel by sellers receiving more than $10,000.00 annually for the sale of such fuels:
*[(1)]* (A) heating oil and kerosene not used to propel a motor vehicle;
*[(2)]* (B) propane;
*[(3)]* (C) natural gas;
*[(4)]* (D) electricity;
*[(5)]* (E) coal.
(2) There is hereby imposed a gallonage fee of six and one-half tenths of one cent per gallon of motor fuel sold by a distributor or dealer or used by a user in this state, which shall be assessed against every distributor, dealer or user, as defined in chapters 27 and 28 of title 23.
(b) The tax on retail sales of fuels in subsection (1) of subsection (a) shall be levied upon and collected quarterly from the seller. The fee on sales of fuels in subsection (2) of subsection (a) shall be levied upon and collected in the same manner, at the same time, and subject to the same exceptions, restrictions, and limitations as the tax on motor fuels under chapters 27 and 28 of Title 23. Fuel sellers may include the following message on their bills to customers:
"The amount of this bill includes a *[0.5%]* 0.75 percent gross receipts tax or six and one-half tenths of one cent per gallon motor fuels fee, *[enacted in 1990,]* for support of Vermont's low income home weatherization program and Vermont’s home heating fuel assistance program."
(c) The tax imposed on retail sales of fuels in subsection (1) of subsection (a) shall be administered by the commissioner of taxes, and all receipts shall be deposited by the commissioner in the home weatherization and home heating fuel assistance trust fund. All provisions of law relating to the collection, administration and enforcement of the sales and use tax imposed by chapter 233 of Title 32 shall apply to the tax imposed by this chapter on retail sales of fuels under subsection (1) of subsection (a). The gallonage fee imposed on sales of fuels in subsection (2) of subsection (a) shall be administered by the commissioner of motor vehicles, and all receipts shall be deposited by the commissioner in the home weatherization and home heating assistance trust fund.
Sec. 4. HOME WEATHERIZATION AND HOME HEATING FUEL ASSISTANCE; APPROPRIATION; FISCAL YEAR 1997
(a) In fiscal year 1997 there is appropriated from the Home Weatherization and Home Heating Fuel Assistance Trust Fund:
(1) The amount of $5,000,000.00 to the Director of the Office of Home Heating Fuel Assistance for the purposes of the home heating fuel assistance program established by chapter 26 of Title 33; and
(2) The amount remaining in the fund, prior to the receipt of any federal funds under subsection (b) of this section, to the Director of the State Office of Economic Opportunity for the weatherization assistance program established by chapter 25 of title 33.
(b) If, in fiscal year 1997, federal funds or grants are awarded to the state ofVermont pursuant to the federal Low Income Home Energy Assistance Program (LIHEAP), or other similar federal program, those funds shall be deposited in the Home Weatherization and Home Heating Fuel Assistance Trust Fund established by 33 V.S.A. § 2501, and are appropriated from the fund as follows:
(1) Any amount up to $1,000,000.00 is appropriated to the Director of the Office of Home Heating Fuel Assistance to be used by the director for the home heating fuel assistance program in lieu of an equal amount of state revenues in the fund from the fuel gross receipts tax and gallonage fee, and that amount of state revenues is appropriated to the Director of the Office of Economic Opportunity to be used by the director for home weatherization assistance in addition to the funds appropriated for that purpose under subsection (a)(2) of this section.
(2) Any amount in excess of $1,000,000.00 up to $3,400,000.00 is appropriated to the Director of the Office of Home Heating Fuel Assistance to be used for the home heating fuel assistance program in lieu of an equal amount of state revenues in the fund from the fuel gross receipts tax and gallonage fee, and that amount of state revenues shall be transferred from the Home Weatherization and Home Heating Fuel Assistance Fund to the Transportation Fund.
(3) Any amount in excess of $3,400,000.00 is appropriated to the Director of the Office of Home Heating Fuel Assistance and shall be used by the Director for the home heating fuel assistance program in addition to the amounts appropriated for that purpose in subsection (a)(1), and subdivisions (1) and (2) of this subsection.
(c) If in fiscal year 1997 the state does not receive federal LIHEAP funds in an amount of at least $1,000,000.00, the director of the state office of economic opportunity shall not establish a gross receipts escrow account or issue utility rebates under 33 V.S.A. § 2503(g).
Sec. 5. 33 V.S.A. § 2503(g) is amended to read:
(g) On or before August 7 of each year, the director of the state economic opportunity office shall set aside a sum of money equaling *[12 and one-half]* six and one-quarter percent of the tax receipts of the fuel gross receipts tax and motor fuels gallonage fee for the preceding fiscal year in an escrow account. The monies in the escrow account are to be used for rebate, as approved under subsections (e) and (f) of this section, of the gross receipts tax and gallonage fee established in subsection (a) of this section. Upon approval of rebates, the director shall pay the approved rebates out of the escrow account. In the event that the approved rebates exceed the amount of money set aside in the escrow account, the director shall prorate each rebate. Any balance of rebate awards remaining unpaid as a resultof proration may be carried forward for payment in a succeeding year. If monies set aside exceed approved rebates, then the balance shall be returned to the trust fund. The director of the state economic opportunity office shall use the remainder of the tax receipts of the fuel gross receipts tax and gallonage fee for the preceding fiscal year to assure the provision of weatherization services as described in subsections (a), (b) and (c) of section 2502 of this title.
Sec. 6. FUEL GROSS RECEIPTS TAX EXTENSION
Notwithstanding Sec. 3 of No. 230 of the Acts of the 1993 Adjourned Session (1994), or any other provision of law, the fuel gross receipts tax imposed by 33 V.S.A. § 2503, as amended by this act, shall remain in effect beyond June 30, 1996 until amended or repealed by a further act of the General Assembly.
Fifth: On page 7, in line 10, by renumbering Sec. 3 to be Sec. 6.
The bill, having appeared on the Calendar one day for notice, was taken up and read the second time.
Rep. Freidin of New Haven moved to withdraw the recommendation of amendment offered by the committee on Ways and Means which was agreed to.
Reps. Corren of Burlington, Bouricius of Burlington and Christiansen of East Montpelier, moved to substitute an amendment for the recommendation of amendment offered by the Committee on Appropriations as follows:
First: On page 3, by striking lines 3 through 6, and by inserting in lieu thereof the following:
(b) The fund shall be composed of the receipts from the surtax on income imposed by section 5822a of Title 32, and such other funds as may be appropriated by the general assembly, including funds from the federal low income Home energy assistance program (LIHEAP).
Second: On page 4, by striking lines 12 through line 1 on page 5, and inserting in lieu thereof the following:
The secretary shall by rule establish benefit levels and amounts for the seasonal home heating fuel assistance program. For the 1996-97 heating season, and until amended by rule by the secretary, benefit levels and amounts shall be as established by the secretary under rules adopted and in effect for the administration of the low income home energy assistance program (LIHEAP).
Third: On page 7, by striking lines 1 through 9, and by inserting in lieu thereof the following:
Sec. 2. 32 V.S.A. § 5822a is added to read:
§ 5822a. INCOME TAX SURCHARGE, HOME HEATING ASSISTANCE
In addition to the tax imposed on the income of individuals, estates and trusts by section 5822 of this title, there is imposed a surcharge on the income earned or received in any taxable year by an individual, estate or trust whose federal income tax liability for the taxable year equals or exceeds $10,000.00. The amount of the surcharge shall be four percent of the federal tax liability of the individual, estate or trust in excess of $10,000.00. The surcharge imposed by this section shall be levied and collected by the commissioner together with the tax on income of individuals, estates, and trusts imposed by this subchapter, and all provisions of law relating to the assessment, collection and enforcement of this subchapter shall apply. Revenues received from the income tax surcharge imposed by this section shall be deposited by the commissioner in the home heating assistance trust fund established under section 2603 of title 33, and used for the purposes of the home heating assistance program established by chapter 26 of title 33.
Fourth: On page 7, following line 15, by inserting a new sec. 4 to read:
Sec. 4. APPROPRIATION, FEDERAL FUNDS
Any federal funds granted or awarded to the state of Vermont in fiscal year 1997, pursuant to the federal low income home energy assistance program (LIHEAP), or other similar federal program, are hereby deposited in the home heating fuel assistance trust fund established by section 2603 of title 33 and are appropriated to the director of home heating fuel assistance for the purposes of chapter 26 of title 33. If, in fiscal year 1997, the home heating fuel assistance trust fund has a surplus after paying benefits at the levels and amounts determined by the secretary of human services under section 2605 of title 33, an amount equal to the surplus from revenues generated from the surcharge on income shall be transferred from the home heating fuel assistance trust fund to the general fund by the secretary of administration.
Which was disagreed to.
Rep. Cillo of Hardwick moved to amend the recommendation of amendment of the committee on Appropriations as follows:
Sec. 7. EFFECTIVE DATES, SUNSET
(a) This act shall take effect July 1, 1996, except that Sec. 3 of the act, which increases the fuel gross receipts tax rate and imposes a gallonage tax on motor fuels, shall take effect on that date only if it is determined that less than$6,000,000.00 of federal low income home energy assistance program (LIHEAP) funds have been awarded to Vermont through a federal fiscal year 1996 appropriations act for use for home heating assistance. Such determination shall be made by the Joint Fiscal Committee on or before June 1, 1996. If the Joint Fiscal Committee determines that federal LIHEAP funds in the amount of $6,000,000.00 or more have been awarded to the state for use for home heating assistance, Sec. 3 of this act shall not take effect, and the rate of the fuel gross receipts tax in 33 V.S.A. §2503, as extended by this act, shall remain at 0.5 percent on retail sales.
(b) If Sec. 3 of this act, which increases the fuel gross receipts tax rate to 0.75% and imposes a gallonage tax on motor fuels, takes effect under the provisions of subsection (a), it shall terminate after June 30, 1998, and thereafter the rate of the fuel gross receipts tax shall revert to 0.5% on the retail sale of fuels and other provisions of 33 V.S.A. § 2503 shall continue in effect until further amended or repealed by act of the General Assembly.
Pending the question, Shall the House amend the recommendation of amendment of the committee on Appropriations as moved by Rep. Cillo of Hardwick? Rep. Hudson of East Montpelier demanded the Yeas and Nays, which demand was sustained by the Constitutional number.
Pending the call of the roll, Rep. Cobis of St. Johnsbury, moved to postpone action until tomorrow which was disagreed to on a division. Yeas, 35. Nays, 89.
The Clerk proceeded to call the roll and the question, Shall the House amend the recommendation of amendment of the committee on Appropriations as moved by Rep. Cillo of Hardwick? was decided in the affirmative. Yeas, 76. Nays, 65.
Those who voted in the affirmative are:
Alberico of Rutland City
Alderman of Middlebury
Allard of St. Albans Town
Almy-Smith of Underhill
Aswad of Burlington
Babcock of Burlington
Beyer of Moretown
Bjerke of Burlington
Blanchard of Essex
Bohi of Hartford
Bressor of Richmond
Bristol of Brattleboro
Brooks of Montpelier
Campbell of Rockingham
Carmolli of Rutland City
Casavant of Winooski
Christiansen of East Montpelier
Cillo of Hardwick
Clarkson of Newfane
Cleveland of Pittsford
Cochran of Jericho
Corren of Burlington
Costello of Brattleboro
Darrow of Putney
Deen of Westminster
Deuel of West Rutland
Dunne of Hartland
Emmons of Springfield
Farrar of Chester
Flaherty of South Burlington
Fox of Essex
Freidin of New Haven
Gossens of Salisbury
Hallowell of Burlington
Harris of Windsor
Heath of Westford
Hill of Milton
Howard of Rutland Town
Keenan of St. Albans City
Kehler of Pomfret
Kitzmiller of Montpelier
Klopchin of Clarendon
Krasnow of Charlotte
Kreitzer of Rutland City
Kristensen of Guilford
Kurt of Colchester
Lafayette of Burlington
Larsen of Wilmington
Lehman of Hartford
Lippert of Hinesburg
Mackinnon of Sharon
Mallary of Newbury
Manahan of Enosburg
Martin of Middlebury
McNamara of Burlington
Milkey of Brattleboro
Moore of Rutland City
Murphy of Ludlow
Paquin of Fairfax
Parizo of Essex
Pugh of South Burlington
Reidel of Ferrisburg
Rivero of Milton
Rose of Williston
Scribner of Middlesex
Seibert of Norwich
Shea of Shaftsbury
Starr of Troy
Sullivan of Burlington
Talbott of Monkton
Tracy of Burlington
Valsangiacomo of Barre City
Vincent of Waterbury
Wisell of Bristol
Woodward of Johnson
Yacovone of Wolcott
Those who voted in the negative are:
Angell of Randolph
Baker of Randolph
Booth of Barre Town
Bouricius of Burlington
Brady of Bennington
Brunelle of Winooski
Buckland of Newport Town
Cobis of St. Johnsbury
Coleman of Londonderry
Conant of Colchester
Conner of Rutland City
Corey of Franklin
Crawford of Burke
Dwyer of Thetford
Edwards of Swanton
Freed of Dorset
Fyfe of Newport City
Gray of Barre Town
Hall of St. Johnsbury
Hathaway of Barton
Holmes of Bethel
Houston of Ferrisburg
Howrigan of Fairfield
Hudson of Lyndon
Hudson of East Montpelier
Hyde of Fayston
Kinsey of Craftsbury
Knox of Northfield
LaBarge of Grand Isle
Larkin of Fair Haven
Larocque of Barnet
Larrabee of Danville
Lindgren of Springfield
Little of Shelburne
Madkour of Bennington
Martin of Barre City
Mazur of South Burlington
Milne of Washington
Molloy of Arlington
Morrissey of Bennington
Palmer of Pownal
Peaslee of Guildhall
Pembroke of Bennington
Perry of Richford
Pike of Mendon
Richardson of Weathersfield
Robb of Swanton
Schiavone of Shelburne
Sheltra of Derby
Simpers of Colchester
Spain of Bradford
Spaulding of Stowe
Stafford of Georgia
Steele of Waterbury
Sweetser of Essex
Towne of Berlin
Voyer of Morristown
Waite of Pawlet
Walker of Brownington
Weeks of Wallingford
Westman of Cambridge
Willett of St. Albans City
Winters of Williamstown
Wood of Brandon
Yarnell of Colchester
Those members absent with leave of the House and not voting are:
Baird of Burlington
Crocker of Woodstock
Helm of Castleton
Livingston of Manchester
Maslack of Poultney
Stafford of Brighton
Young of Orwell
Reps. Freed of Dorset and Starr of Troy moved to substitute an amendment for the recommendation of amendment of the committee on Appropriations as amended as follows:
First: On page 2, by striking lines 19 and 20, and on page 3, by striking lines 1 through 10, and by inserting in lieu thereof the following:
§ 2603. HOME WEATHERIZATION AND HOME HEATING FUEL ASSISTANCE TRUST FUND
The funds for the home heating fuel assistance program shall be from the home weatherization and home heating fuel assistance trust fund established by section 2501 of this title.
Second: On page 4, in line 14, before the words "home heating", by inserting the words "home weatherization and", and on page 6, in line 1, by striking the words "home energy", and by inserting in lieu thereof the words "home weatherization and home heating fuel".
Third:: On page 7, by striking lines 1 through 9, and by inserting in lieu thereof the following:
Sec. 2. 33 V.S.A. § 2501 is amended to read:
§ 2501. HOME WEATHERIZATION AND HOME HEATING FUEL ASSISTANCE TRUST FUND
(a) There is created in the state treasury a fund to be known as the home weatherization and home heating fuel assistance trust fund to be expended by the director of the state office of economic opportunity in accordance with federal law and this chapter, and by the director of the office of home heating fuel assistance in accordance with chapter 26 of this title and other provisions of law.
(b) The fund shall be composed of the receipts from the gross receipts tax on retail sales of fuel imposed by section 2503 of this title, such funds as may be allocated from the oil overcharge fund, such funds as may be allocated from the federal low income energy assistance program, and such other funds as may be appropriated by the general assembly.
(c) All balances in the fund at the end of any fiscal year shall be carried forward and remain part of the fund. Interest earned by the fund shall be deposited into the fund. Disbursements from the fund shall be made by the state treasurer on warrants drawn by the commissioner of finance and management.
Sec. 3. APPROPRIATION
In fiscal year 1997, there is appropriated from the home weatherization and home heating fuel assistance trust fund such amounts contributed to the fund by the fuel gross receipts tax imposed by 33 V.S.A. § 2503 and any federal funds that may be awarded pursuant to the federal Low Income Home Energy Assistance Program (LIHEAP). The funds shall be appropriated to the secretary of human services and expended for the home heating fuel assistance program, the home weatherization program, and for the administration of those programs, in amounts determined by the secretary.
Sec. 4. FUEL GROSS RECEIPTS TAX EXTENSION
Notwithstanding Sec. 3 of No. 230 of the Acts of the 1993 Adjourned Session (1994), or any other provision of law, the fuel gross receipts tax imposed by 33 V.S.A. § 2503, as amended by this act, shall remain in effect beyond June 30, 1996 until amended or repealed by a further act of the General Assembly.
Fourth: On page 7, in line 10, by renumbering Sec. 3 to be Sec. 5.
Pending the question, Shall the House substitute the recommendation of amendment of Reps. Freed of Dorset and Starr of Troy for the recommendation of amendment of the committee on Appropriations as amended? Rep. Schiavone of Shelburne demanded the Yeas and Nays, which demand was sustained by the Constitutional number. The Clerk proceeded to call the roll and the question, Shall the House substitute the recommendation of amendment of Reps. Freed of Dorset and Starr of Troy for the recommendation of amendment of the committee on Appropriations as amended? was decided in the negative. Yeas, 60. Nays, 78.
Those who voted in the affirmative are:
Angell of Randolph
Baker of Randolph
Booth of Barre Town
Brunelle of Winooski
Buckland of Newport Town
Cobis of St. Johnsbury
Coleman of Londonderry
Conant of Colchester
Conner of Rutland City
Corey of Franklin
Crawford of Burke
Dwyer of Thetford
Edwards of Swanton
Freed of Dorset
Fyfe of Newport City
Gray of Barre Town
Hall of St. Johnsbury
Hathaway of Barton
Holmes of Bethel
Houston of Ferrisburg
Hudson of Lyndon
Hudson of East Montpelier
Hyde of Fayston
Kinsey of Craftsbury
Knox of Northfield
LaBarge of Grand Isle
Larkin of Fair Haven
Larocque of Barnet
Larrabee of Danville
Lindgren of Springfield
Little of Shelburne
Madkour of Bennington
Martin of Barre City
Mazur of South Burlington
Milne of Washington
Morrissey of Bennington
Palmer of Pownal
Peaslee of Guildhall
Pembroke of Bennington
Perry of Richford
Pike of Mendon
Richardson of Weathersfield
Robb of Swanton
Schiavone of Shelburne
Sheltra of Derby
Simpers of Colchester
Spain of Bradford
Spaulding of Stowe
Stafford of Brighton
Stafford of Georgia
Sweetser of Essex
Towne of Berlin
Voyer of Morristown
Waite of Pawlet
Weeks of Wallingford
Westman of Cambridge
Willett of St. Albans City
Winters of Williamstown
Wood of Brandon
Yarnell of Colchester
Those who voted in the negative are:
Alberico of Rutland City
Alderman of Middlebury
Allard of St. Albans Town
Almy-Smith of Underhill
Babcock of Burlington
Beyer of Moretown
Bjerke of Burlington
Blanchard of Essex
Bohi of Hartford
Bouricius of Burlington
Brady of Bennington
Bristol of Brattleboro
Brooks of Montpelier
Campbell of Rockingham
Carmolli of Rutland City
Casavant of Winooski
Christiansen of East Montpelier
Cillo of Hardwick
Clarkson of Newfane
Cleveland of Pittsford
Cochran of Jericho
Corren of Burlington
Costello of Brattleboro
Darrow of Putney
Deen of Westminster
Deuel of West Rutland
Dunne of Hartland
Emmons of Springfield
Farrar of Chester
Flaherty of South Burlington
Fox of Essex
Freidin of New Haven
Gossens of Salisbury
Hallowell of Burlington
Harris of Windsor
Heath of Westford
Hill of Milton
Howard of Rutland Town
Howrigan of Fairfield
Keenan of St. Albans City
Kehler of Pomfret
Kitzmiller of Montpelier
Klopchin of Clarendon
Krasnow of Charlotte
Kreitzer of Rutland City
Kristensen of Guilford
Kurt of Colchester
Lafayette of Burlington
Larsen of Wilmington
Lehman of Hartford
Lippert of Hinesburg
Mackinnon of Sharon
Mallary of Newbury
Manahan of Enosburg
Martin of Middlebury
McNamara of Burlington
Milkey of Brattleboro
Molloy of Arlington
Moore of Rutland City
Murphy of Ludlow
Paquin of Fairfax
Parizo of Essex
Pugh of South Burlington
Reidel of Ferrisburg
Rivero of Milton
Rose of Williston
Scribner of Middlesex
Seibert of Norwich
Shea of Shaftsbury
Steele of Waterbury
Sullivan of Burlington
Talbott of Monkton
Tracy of Burlington
Valsangiacomo of Barre City
Vincent of Waterbury
Wisell of Bristol
Woodward of Johnson
Yacovone of Wolcott
Those members absent with leave of the House and not voting are:
Aswad of Burlington
Baird of Burlington
Bressor of Richmond
Crocker of Woodstock
Helm of Castleton
Livingston of Manchester
Maslack of Poultney
Starr of Troy
Walker of Brownington
Young of Orwell
Pending the question, Shall the House amend the bill as recommended by the Committee on Appropriations as amended? Rep. Cillo of Hardwick demanded the Yeas and Nays, which demand was sustained by the Constitutional number. The Clerk proceeded to call the roll and the question Shall the House amend the bill as recommended by the Committee on Appropriations as amended? was decided in the affirmative. Yeas, 76. Nays, 59.
Those who voted in the affirmative are:
Alberico of Rutland City
Alderman of Middlebury
Allard of St. Albans Town
Almy-Smith of Underhill
Babcock of Burlington
Beyer of Moretown
Bjerke of Burlington
Blanchard of Essex
Bouricius of Burlington
Bristol of Brattleboro
Brooks of Montpelier
Campbell of Rockingham
Carmolli of Rutland City
Casavant of Winooski
Christiansen of East Montpelier
Cillo of Hardwick
Clarkson of Newfane
Cleveland of Pittsford
Cochran of Jericho
Corren of Burlington
Costello of Brattleboro
Darrow of Putney
Deen of Westminster
Deuel of West Rutland
Dunne of Hartland
Emmons of Springfield
Farrar of Chester
Flaherty of South Burlington
Fox of Essex
Freidin of New Haven
Gossens of Salisbury
Hallowell of Burlington
Harris of Windsor
Heath of Westford
Hill of Milton
Howard of Rutland Town
Howrigan of Fairfield
Keenan of St. Albans City
Kehler of Pomfret
Kitzmiller of Montpelier
Klopchin of Clarendon
Krasnow of Charlotte
Kreitzer of Rutland City
Kristensen of Guilford
Kurt of Colchester
Lafayette of Burlington
Larsen of Wilmington
Lehman of Hartford
Lippert of Hinesburg
Mackinnon of Sharon
Mallary of Newbury
Manahan of Enosburg
Martin of Middlebury
McNamara of Burlington
Milkey of Brattleboro
Moore of Rutland City
Murphy of Ludlow
Paquin of Fairfax
Parizo of Essex
Pugh of South Burlington
Reidel of Ferrisburg
Rivero of Milton
Rose of Williston
Scribner of Middlesex
Seibert of Norwich
Shea of Shaftsbury
Stafford of Brighton
Sullivan of Burlington
Talbott of Monkton
Tracy of Burlington
Valsangiacomo of Barre City
Vincent of Waterbury
Wisell of Bristol
Woodward of Johnson
Yacovone of Wolcott
Those who voted in the negative are:
Angell of Randolph
Baker of Randolph
Bohi of Hartford
Booth of Barre Town
Brady of Bennington
Brunelle of Winooski
Buckland of Newport Town
Cobis of St. Johnsbury
Coleman of Londonderry
Conant of Colchester
Conner of Rutland City
Corey of Franklin
Crawford of Burke
Dwyer of Thetford
Edwards of Swanton
Freed of Dorset
Fyfe of Newport City
Gray of Barre Town
Hathaway of Barton
Holmes of Bethel
Houston of Ferrisburg
Hudson of Lyndon
Hudson of EastMontpelier
Hyde of Fayston
Kinsey of Craftsbury
Knox of Northfield
LaBarge of Grand Isle
Larkin of Fair Haven
Larocque of Barnet
Larrabee of Danville
Lindgren of Springfield
Little of Shelburne
Madkour of Bennington
Martin of Barre City
Mazur of South Burlington
Milne of Washington
Molloy of Arlington
Morrissey of Bennington
Palmer of Pownal
Peaslee of Guildhall
Pembroke of Bennington
Perry of Richford
Pike of Mendon
Richardson of Weathersfield
Robb of Swanton
Schiavone of Shelburne
Sheltra of Derby
Spain of Bradford
Spaulding of Stowe
Stafford of Georgia
Sweetser of Essex
Towne of Berlin
Voyer of Morristown
Waite of Pawlet
Weeks of Wallingford
Westman of Cambridge
Willett of St. Albans City
Winters of Williamstown
Wood of Brandon
Yarnell of Colchester
Those members absent with leave of the House and not voting are:
Aswad of Burlington
Baird of Burlington
Bressor of Richmond
Crocker of Woodstock
Hall of St. Johnsbury
Helm of Castleton
Livingston of Manchester
Maslack of Poultney
Simpers of Colchester
Starr of Troy
Steele of Waterbury
Walker of Brownington
Young of Orwell
Rep. Milne of Washington explained her vote as follows:
"Mr. Speaker:
I voted no very reluctantly as I wholeheartedly support the fuel assistance program but no one has convinced me that the funding is necessary at this time."
Rep. Perry of Richford explained his vote as follows:
"Mr. Speaker:
This is an unnecessary tax! Our tax burden in Vermont is already higher than most states. The low income heating energy assistance program is a top priority program and should be funded within existing state and federal resources!"
Thereupon, third reading was ordered.
Adjournment
At six o’clock and fifty-five minutes in the evening, on motion of Rep. Manahan of Enosburg, the House adjourned.