Journal of the House

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FRIDAY, FEBRUARY 17, 2006

At nine o'clock and thirty minutes in the forenoon the Speaker called the House to order.

Devotional Exercises

Devotional exercises were conducted by Reverend Hal Harrison of Vermont Conference for the United Church of Christ,  Springfield, VT.

Memorial Service

The Speaker placed before the House the following name of a member of past sessions of the Vermont General Assembly who had passed away recently:

Edwin A. Lyman of Hinesburg               Session 1951-1952

Thereupon, the members of the House rose for a moment of prayer in memory of the deceased member.  The Clerk was thereupon directed to send a copy of the House Journal to the bereaved family.

Bills Referred to Committee on Ways and Means

House bills of the following titles, appearing on the Calendar, affecting the revenue of the state, under the rule, were referred to the Committee on Ways and Means:

H. 857

House bill, entitled

An act relating to the property transfer tax, affordable housing , homeless prevention, and back rent programs;

H. 858

House bill, entitled

An act relating to the tax credit for affordable housing.

Bill Referred to Committee on Appropriations

H. 859

House bill, entitled

An act relating to the energy security and reliability act;

Appearing on the Calendar, carrying an appropriation, under rule 35a, was referred to the committee on Appropriations.

Committee Bills Introduced

     Committee bills of the following titles were severally introduced, read the first time and, under the rule, placed on the Calendar for notice tomorrow.

H. 860

House a bill, entitled

An act relating to Vermont’s participation in the regional greenhouse gas initiative;

H. 861

House a bill, entitled

An act relating to health care affordability for Vermonters.

Joint Resolution Adopted in Concurrence

J.R.S. 56

Joint resolution, entitled

Joint resolution relating to weekend adjournment;

     By Senator Welch,

Resolved by the Senate and House of Representatives:

That when the two Houses adjourn on Friday, February 17, 2006, it be to meet again no later than Tuesday, February 21, 2006.

Was taken up read and adopted in concurrence.

Third Reading; Bill Passed

H. 373

House bill, entitled

An act relating to stalking;

Was taken up, read the third time and passed.

Bill Amended; Third Reading Ordered

H. 615

Rep. Bohi of Hartford, for the committee on Government Operations, to which had been referred House bill, entitled

An act relating to the public records act and application of the deliberative process privilege;

Reported in favor of its passage when amended as by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  1 V.S.A. § 317(c) is amended to read:

(c)  The following public records are exempt from public inspection and copying:

* * *

(4)  records which, if made public pursuant to this subchapter, would cause the custodian to violate any statutory or common law privilege other than the common law deliberative process privilege as it applies to the executive branch agencies of the state of Vermont;

* * *

Sec. 2.  1 V.S.A. § 318(a)(2) is amended to read:

(2)  if the custodian considers the record to be exempt from inspection under the provisions of this subchapter, he the custodian shall so certify in writing stating his reasons for denial of access to the record.  Such certification shall identify the records withheld and the basis for the denial.  The certification shall be made within two business days, unless otherwise provided in subdivision (5) of this subsection.  The custodian shall also notify the person of his right to appeal to the head of the agency any adverse determination;

Sec. 3.  SECRETARY OF ADMINISTRATION REPORT

The secretary of administration shall submit an annual report to the house and senate committees on government operations on January 15.  The report shall include a list of the written public records requests received for the prior calendar year for each state agency;  the number of records delivered or withheld by each state agency; the number of records that could not be located by each state agency; and the agency time needed to respond to each request.

The bill, having appeared on the Calendar one day for notice, was taken up and read the second time.

     Pending the question, Shall the House amend the bill as recommended by the committee on Government Operations? Rep. Flory of Pittsford moved to commit the bill to the committee on Judiciary.

Pending the question, Shall the House commit the bill to the committee on Judiciary? Rep. Flory of Pittsford 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 commit the bill to the committee on Judiciary? was decided in the negative.  Yeas, 48.  Nays, 83.

Those who voted in the affirmative are:


Acinapura of Brandon

Adams of Hartland

Allaire of Rutland City

Bartlett of Dover

Bostic of St. Johnsbury

Branagan of Georgia

Brennan of Colchester

Canfield of Fair Haven

Clark of St. Johnsbury

Clark of Vergennes

Dates of Shelburne

Donaghy of Poultney

Dunsmore of Georgia

Endres of Milton

Flory of Pittsford

Helm of Castleton

Houston of Ferrisburgh

Howrigan of Fairfield

Hudson of Lyndon

Johnson of Canaan

Kennedy of Chelsea

Kilmartin of Newport City

Koch of Barre Town

Komline of Dorset

Larocque of Barnet

Larrabee of Danville

LaVoie of Swanton

Lawrence of Lyndon

Livingston of Manchester

Louras of Rutland City

Marcotte of Coventry

Marron of Stowe

McAllister of Highgate

McFaun of Barre Town

Miller of Elmore

Morley of Barton

Morrissey of Bennington

Myers of Essex

Niquette of Colchester

O'Donnell of Vernon

Parent of St. Albans City

Peaslee of Guildhall

Shaw of Derby

Smith of New Haven

Valliere of Barre City

Winters of Swanton

Winters of Williamstown

Wright of Burlington


Those who voted in the negative are:


Allard of St. Albans Town

Ancel of Calais

Aswad of Burlington

Atkins of Winooski

Barnard of Richmond

Bohi of Hartford

Botzow of Pownal

Brooks of Montpelier

Chen of Mendon

Clarkson of Woodstock

Condon of Colchester

Copeland-Hanzas of Bradford

Corcoran of Bennington

Cross of Winooski

Darrow of Dummerston

Deen of Westminster

Donahue of Northfield

Donovan of Burlington

Dostis of Waterbury

Dowland of Holland

Edwards of Brattleboro

Emmons of Springfield

Evans of Essex

Fallar of Tinmouth

Fisher of Lincoln

Frank of Underhill

Gervais of Enosburg

Grad of Moretown

Green of Berlin

Haas of Rochester

Head of S. Burlington

Heath of Westford

Hosford of Waitsfield

Howard of Rutland City

Hunt of Essex

Hutchinson of Randolph

Jerman of Essex

Jewett of Ripton

Johnson of South Hero

Keenan of St. Albans City

Keogh of Burlington

Klein of East Montpelier

Kupersmith of S. Burlington

Larson of Burlington

Leriche of Hardwick

Lippert of Hinesburg

Lorber of Burlington

Maier of Middlebury

Malcolm of Pawlet

Marek of Newfane

Martin of Wolcott

Masland of Thetford

McCullough of Williston

McLaughlin of Royalton

Milkey of Brattleboro

Miller of Shaftsbury

Minter of Waterbury

Molloy of Arlington

Monti of Barre City

Mook of Bennington

Nease of Johnson

Nitka of Ludlow

Nuovo of Middlebury

Obuchowski of Rockingham

Orr of Charlotte

Otterman of Topsham

Partridge of Windham

Pellett of Chester

Perry of Richford

Peterson of Williston

Pillsbury of Brattleboro

Potter of Clarendon

Randall of Troy

Reese of Pomfret

Rodgers of Glover

Rusten of Halifax

Seibert of Norwich

Shand of Weathersfield

Sharpe of Bristol

Smith of Morristown

Sweaney of Windsor

Tracy of Burlington

Trombley of Grand Isle


Those members absent with leave of the House and not voting are:


Audette of S. Burlington

Baker of West Rutland

DePoy of Rutland City

Errecart of Shelburne

French of Randolph

Hube of Londonderry

Kainen of Hartford

Kiss of Burlington

Kitzmiller of Montpelier

Krawczyk of Bennington

Martin of Springfield

Pugh of S. Burlington

Severance of Colchester

Sunderland of Rutland Town

Turner of Milton

Westman of Cambridge

Young of Orwell

Zuckerman of Burlington


 

Pending the recurring question, Shall the House amend the bill as recommended by the committee on Government Operations? Rep. Flory of Pittsford 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 Government Operations?  was decided in the affirmative.  Yeas, 82.  Nays, 49.

Those who voted in the affirmative are:


Ancel of Calais

Aswad of Burlington

Atkins of Winooski

Barnard of Richmond

Bohi of Hartford

Botzow of Pownal

Brooks of Montpelier

Chen of Mendon

Clarkson of Woodstock

Condon of Colchester

Copeland-Hanzas of Bradford

Cross of Winooski

Darrow of Dummerston

Dates of Shelburne

Deen of Westminster

Donahue of Northfield

Donovan of Burlington

Dostis of Waterbury

Dowland of Holland

Edwards of Brattleboro

Emmons of Springfield

Evans of Essex

Fallar of Tinmouth

Fisher of Lincoln

Frank of Underhill

Gervais of Enosburg

Grad of Moretown

Green of Berlin

Haas of Rochester

Head of S. Burlington

Heath of Westford

Hosford of Waitsfield

Howard of Rutland City

Hudson of Lyndon

Hunt of Essex

Hutchinson of Randolph

Jerman of Essex

Jewett of Ripton

Johnson of South Hero

Keenan of St. Albans City

Keogh of Burlington

Kiss of Burlington

Klein of East Montpelier

Kupersmith of S. Burlington

Larson of Burlington

Leriche of Hardwick

Lippert of Hinesburg

Lorber of Burlington

Maier of Middlebury

Malcolm of Pawlet

Marek of Newfane

Martin of Wolcott

Masland of Thetford

McCullough of Williston

McFaun of Barre Town

McLaughlin of Royalton

Milkey of Brattleboro

Miller of Shaftsbury

Minter of Waterbury

Molloy of Arlington

Monti of Barre City

Mook of Bennington

Nease of Johnson

Nitka of Ludlow

Nuovo of Middlebury

Obuchowski of Rockingham

Orr of Charlotte

Partridge of Windham

Peterson of Williston

Pillsbury of Brattleboro

Potter of Clarendon

Randall of Troy

Reese of Pomfret

Rodgers of Glover

Rusten of Halifax

Seibert of Norwich

Shand of Weathersfield

Sharpe of Bristol

Smith of Morristown

Sweaney of Windsor

Tracy of Burlington

Trombley of Grand Isle


 

Those who voted in the negative are:


Acinapura of Brandon

Adams of Hartland

Allaire of Rutland City

Allard of St. Albans Town

Bartlett of Dover

Bostic of St. Johnsbury

Branagan of Georgia

Brennan of Colchester

Canfield of Fair Haven

Clark of St. Johnsbury

Clark of Vergennes

Corcoran of Bennington

DePoy of Rutland City

Donaghy of Poultney

Dunsmore of Georgia

Endres of Milton

Flory of Pittsford

Helm of Castleton

Houston of Ferrisburgh

Howrigan of Fairfield

Johnson of Canaan

Kennedy of Chelsea

Kilmartin of Newport City

Koch of Barre Town

Komline of Dorset

Larocque of Barnet

Larrabee of Danville

LaVoie of Swanton

Lawrence of Lyndon

Livingston of Manchester

Louras of Rutland City

Marcotte of Coventry

Marron of Stowe

McAllister of Highgate

Miller of Elmore

Morley of Barton

Morrissey of Bennington

Myers of Essex

Niquette of Colchester

O'Donnell of Vernon

Otterman of Topsham

Parent of St. Albans City

Peaslee of Guildhall

Smith of New Haven

Valliere of Barre City

Westman of Cambridge

Winters of Swanton

Winters of Williamstown

Wright of Burlington


Those members absent with leave of the House and not voting are:


Audette of S. Burlington

Baker of West Rutland

Errecart of Shelburne

French of Randolph

Hube of Londonderry

Kainen of Hartford

Kitzmiller of Montpelier

Krawczyk of Bennington

Martin of Springfield

Pellett of Chester

Perry of Richford

Pugh of S. Burlington

Severance of Colchester

Shaw of Derby

Sunderland of Rutland Town

Turner of Milton

Young of Orwell

Zuckerman of Burlington


 

     Rep. Flory of Pittsford explained her vote as follows:

“Madam Speaker:

     Until we have fully explored and have answers to the potential serious unintended consequences this may have, and until we are willing to hold ourselves to the same standard we are attempting to impose on the Executive Branch, I cannot support this.”

     Theruepon, third reading was ordered.

Joint Resolution Adopted

J.R.H. 60

Joint resolution, entitled

Joint resolution providing for a Joint Assembly for the election of Adjutant and Inspector General;

Was taken up and adopted on the part of the House.

 

Bill Amended; Third Reading Ordered

H. 715

Rep. Haas of Rochester, for the committee on Human Services, to which had been referred House bill, entitled

An act relating to the eradication of cervical cancer;

Reported in favor of its passage when amended as by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  CERVICAL CANCER ERADICATION TASK FORCE

(a)  No later than September 1, 2006, the commissioner shall establish a task force to study eradication of cervical cancer in Vermont.  The task force shall include:

(1)  the commissioner or a designee;

(2)  the minority health director;

(3)  the director of the office of Vermont health access or a designee;

(4)  the commissioner of banking, insurance, securities, and health care administration or a designee;

(5)  the health care ombudsman or a designee;

(6)  a representative of the Vermont chapter of the American Cancer Society;

(7)  the executive director of the Vermont commission on women or a designee;

(8)  a representative of ALANA Community Organization;

(9)  a representative of Planned Parenthood of Northern New England;

(10)  a representative of the Vermont medical society;

(11)  one member of the senate committee on health and welfare appointed by the committee on committees and one member of the house committee on human services appointed by the speaker of the house; and

(12)  up to three additional members appointed by the commissioner. 

(b)  The task force shall consider:

(1)  public awareness of the causes of cervical cancer, personal risk factors, the value of prevention and early detection, options for testing, treatment costs and health plan reimbursement, and new technologies;

(2)  health care providers’ awareness about screening and prevention options, recommended protocols and schedules for screening and vaccinations, and new technologies;

(3)  recommended testing protocols and schedules for cervical cancer screenings and vaccinations for the human papillomavirus;

(4)  issues of cost and insurance and health plan coverage;

(5)  potential sources of funding for education, screening, and treatment programs, including governmental and private funding.

(c)  The task force shall make findings and recommendations about how to eradicate cervical cancer in Vermont.  It shall report those findings and recommendations to the commissioner no later than January 15, 2007. 

(d)  The commissioner shall, on or before February 1, 2007, report to the general assembly, the house committee on human services, and the senate committee on health and welfare the findings and recommendations of the task force, what recommendations or actions if any the department can implement, and what recommendations it makes for legislative action. 

(e)  For attendance at meetings which are held when the general assembly is not in session, the legislative members of the task force shall be entitled to the same per diem compensation and reimbursement for necessary expenses as those provided to members of standing committees under 2 V.S.A. § 406.

Rep. Larson of Burlington, for the committee on Appropriations, recommends the bill ought to pass when amended as recommended by the Committee on Human Services.

The bill, having appeared on the Calendar one day for notice, was taken up, read the second time, report of the committees on Human Services and Appropriations agreed to and third reading ordered.

Senate Proposal of Amendment Not Concurred in;

Committee of Conference Requested and Appointed

H. 404

The Senate proposes to the House to amend House bill, entitled

An act relating to access to mental health and substance abuse providers;

     By striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  8 V.S.A. § 4089b(b) is amended to read:

(b)  A health insurance plan shall provide coverage for treatment of a mental health condition and shall:

(1)  not establish any rate, term, or condition that places a greater financial burden on an insured for access to treatment for a mental health condition than for access to treatment for a physical health condition.;

(2)  not exclude from its network or list of authorized providers any licensed mental health or substance abuse provider located within the geographic coverage area of the health benefit plan if the provider is willing to meet the terms and conditions for participation established by the health insurer;

(3)  Any Make any deductible or out-of-pocket limits required under a health insurance plan shall be comprehensive for coverage of both mental health and physical health conditions.   

Pending the question, Will the House concur in the Senate proposal of amendment? Rep. Fisher of Lincoln moved that the House refuse to concur and ask for a Committee of Conference, which was agreed to, and the Speaker appointed as members of the Committee of Conference on the part of the House:

Rep. Fisher of Lincoln

Rep. Donahue of Northfield

Rep. Haas of Rochester

Senate Proposal of Amendment Concurred in;

Rules Suspended; Action Ordered Messaged to Senate Forthwith

 and Bill Delivered to the Governor Forthwith

H. 608

     The Senate proposes to the House to amend House bill, entitled

     An act relating to renewal of a junior operator’s license past age 18;

     In Sec. 1, 23 V.S.A. § 607(c), after the period, by adding the following:  Notwithstanding the provisions of any other law, a renewed junior operator's license shall be issued without a photograph or imaged likeness.  Any person to whom a renewed junior operator's license has been issued shall, while operating a motor vehicle, carry upon his or her person the last license issued to him or her as well as the renewed license certificate.

     Which proposal of amendment was considered and concurred in.

     On motion of Rep. Komline of Dorset, the rules were suspended and action on the bill was ordered messaged to the Senate forthwith and the bill delivered to the Governor forthwith.

House Resolution Adopted

H.R. 13

House resolution, entitled

House resolution opposing implementation of the proposed rules under the Western Hemisphere Travel Initiative;

Was taken up and adopted on the part of the House.

Concurrent Resolutions Adopted

     The following concurrent resolutions, having been placed on the Consent Calendar on the preceding legislative day, and no member having requested floor consideration  as provided by the Joint Rules of the Senate and House of Representatives, are hereby adopted in concurrence.

H.C.R.  236

House concurrent resolution honoring Dorick (Toby) Tallman, Sr. on his retirement from the United States Postal Service

H.C.R.  237

House concurrent resolution congratulating Andrew Newell of Shaftsbury on his being named to the 2006 United States Winter Olympic Team

H.C.R.  238

House concurrent resolution honoring former Representative Marion Spencer on her 90th birthday

H.C.R.  239

House concurrent resolution honoring Alan Woodbury for his outstanding proprietorship of Woodbury Florists and Gifts in Springfield

H.C.R.  240

House concurrent resolution honoring Vermont’s citizen volunteers and designating April 3‑8, 2006 as Volunteering Awareness Week

H.C.R.  241

House concurrent resolution honoring Circus Smirkus

     [The full text of the concurrent resolutions appeared in the Senate and House Calendar Addendum on the preceding legislative day and will appear in the volume of the Public Acts and Resolves of the 2006, sixty-eighth  Adjourned session]

Adjournment

At twelve o’clock  and five minutes in the afternoon, on motion of Rep. Flory of Pittsford, the House adjourned until Monday, February 20, 2006, at one o’clock in the afternoon.