Journal of the House

________________

TUESDAY, MARCH 21, 2006

At ten o'clock in the forenoon the Speaker called the House to order.

Devotional Exercises

Devotional exercises were conducted by Reverend Adelit Rukomangana of Christ Episcopal Church, Montpelier, VT.  

Pledge of Allegiance

Page Anthony J. Kryazk of Jeffersonville led the House in the Pledge of Allegiance.

Committee Bill Introduced

H. 881

Rep. Heath of Westford, for the committee on Appropriations, introduced a bill, entitled

An act relating to making appropriations for the support of government;

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. 34

Senate bill, entitled

An act relating to executive branch privatization contracts;

To the committee on Government Operations.

S. 58

Senate bill, entitled

An act relating to direct shipping of wine and beer;

To the committee on General, Housing and Military Affairs.

 

S. 103

Senate bill, entitled

An act relating to lawsuits arising from exercise of right to freedom of speech or to petition government for redress of grievances;

To the committee on Judiciary.

S. 198

Senate bill, entitled

An act relating to establishing a “sorry works” program;

To the committee on Judiciary.

Joint Resolution Referred to Committee

J.R.H. 65

Rep. Obuchowski of Rockingham offered a joint resolution, entitled

Joint resolution requesting the governor to enter into direct negotiations with senior officials of the province of Quebec and Hydro Quebec for a new contractual relationship;

Whereas, in 2012, the federal operating license for the Vermont Yankee nuclear power plant expires, and

Whereas, at different dates starting in 2016 and concluding in 2020, the power purchasing authority of each utility that is a party to the Hydro Québec – Vermont Joint Owner Contract will also expire, and

Whereas, in combination, these sources represent two-thirds of the electric power consumed in the state of Vermont, and

Whereas, regardless of future conservation and energy efficiency efforts, Vermonters’ demand for electric energy may continue to increase, and

Whereas, in the very near future, Vermont will have to come to grips with the fundamental trade-offs that are inevitable in choosing from various generation sources of electric power, and

Whereas, these trade-offs will involve crucial environmental, economic, and quality-of-life decisions that will affect Vermonters for decades, and

Whereas, alternative energy options have been considered to replace the amount of electric wattage that the combined Vermont Yankee and Hydro Québec power sources represent, including new power sources and additional consumer conservation practices, and

Whereas, two potential major energy sources extending the Vermont Yankee nuclear power plant’s federal license or constructing large industrial wind farms on the state’s mountain ridgelines have prompted controversy and opposition, and

Whereas, the least politically contentious option for replacing the power from Vermont Yankee and the currently contracted Hydro Québec power is the creation of a new long-term contractual relationship with Hydro Québec for the importation of clean hydropower from Canada, and

Whereas, in order for this objective to be achieved, the state of Vermont must enter into serious negotiations on the highest administrative level with officials from the province of Quebec and Hydro Québec, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly requests the governor to enter into direct negotiations with senior officials of the province of Quebec and Hydro Québec for a new, long-term, contractual relationship to commence upon the expiration of current agreements with Hydro Québec, and be it further

Resolved:  That the governor is requested to submit a progress report to the General Assembly on the progress of these negotiations on or before January 15, 2007, now therefore be it further

Resolved by the Senate and House of Representatives:

     That the Secretary of state be directed to send a copy of this resolution  to the Governor.

Which was read and, in the Speaker’s discretion, treated as a bill and referred to the committee on Natural Resources and Energy.

Resolutions Placed on Calendar

The Speaker placed before the House the following resolutions which were read and in the Speaker’s discretion, placed on the Calendar for action tomorrow under Rule 52.

H.R. 15

House resolution designating the Republic of Vermont Celebration – Windsor Heritage Days as the official Vermont celebration of Vermont’s independence

Offered by:  Representatives Sweaney of Windsor, Deen of Westminster and Komline of Dorset

Whereas, from July 7 to 9, the town of Windsor will commemorate both Vermont's 14 years (1777 – 1791) as an independent republic, and Congress’s acceptance, in 1791, of Vermont as the 14th state, and

Whereas, this celebration will commemorate the town of Windsor’s central role in Vermont’s founding and will encompass extensive exhibitions representing life as it existed when Vermont was born, and

Whereas, conventions leading to the creation of the first Vermont Constitution occurred in Westminster, Dorset, and finally in Windsor during June and July 1777, and on July 2, 1777, the Constitution of the Republic of Vermont was approved, and the birth of an independent nation became a reality six days later on July 8, and

Whereas, representatives and organizations from Westminster and Dorset are also invited to participate in the Windsor celebration in recognition of these towns’ roles in Vermont’s establishment as an independent republic, and

Whereas, one of the weekend's highlights will be the First Annual Vermont Independence Parade, honoring Vermont’s history as an independent nation and featuring music, floats, and marchers from across the state, and

Whereas, the Eighth Annual Cavalcade of Horses Parade, a horse-drawn carriage parade and competition featuring a large contingent of restored 19th century units with costumed drivers, will be a much anticipated event, and

Whereas, the weekend’s displays will include historic forms of transportation and military encampments to be stationed throughout Windsor, representing Vermonters’ contributions across the centuries in battle from the Revolutionary War through World War II, and

Whereas, musical events throughout the weekend will feature selections from the 1770s through more contemporary pieces, and

Whereas, a reenactment of the Vermont Constitution’s adoption and a modern debate featuring “delegates” from all over Vermont will take place, and

Whereas, the Vermont Chamber of Commerce has designated the Republic of Vermont Celebration – Windsor Heritage Days as a “top ten” summer event, now therefore be it

Resolved by the House of Representatives:

That this legislative body designates the Republic of Vermont Celebration – Windsor Heritage Days as the official Vermont celebration of Vermont’s independence and wishes the organizers every success with all the planned festivities and programs, and be it further

Resolved:  That the clerk of the house be directed to send a copy of this resolution to Windsor town administrator Donald Howard, to Westminster town clerk Doreen Woodward, to Dorset town clerk Sarah Pisonault, to the 2006 1777 Republic of Vermont Committee cochairs Krysia Rodriguez and Rudolph J. Hanecak III, to the Vermont Division for Historic Preservation, and to the curator of the Old Constitution House, William Jenney, for public display at this Vermont historic site.

J.R.S. 59

     By Senator Dunne,

Joint resolution urging Congress to continue funding AmeriCorps*NCCC (National Civilian Community Corps).

Whereas, AmeriCorps is a program of the Corporation for National and Community Service (CCNS) designed to enable Americans of all ages and backgrounds to give back to their nation through a commitment to national service, and

Whereas, an essential component of the AmeriCorps triad of national service programs, which also includes AmeriCorps*Vista and AmeriCorps*State and National, is AmeriCorps*NCCC, and

Whereas, AmeriCorps*NCCC’s mission is “to strengthen communities and develop leaders through direct, team-based national and community service,” and

Whereas, AmeriCorps*NCCC is modeled on the New Deal’s Civilian Conservation Corps and the United States military, and it is premised “on the belief that civic responsibility is an inherent duty of all citizens,” and

Whereas, five regional campus located in Perry Point, Maryland; Denver, Colorado; Washington, D.C.; Charleston, South Carolina; and Sacramento, California, serve as home base for the volunteers who must make an intensive 10-month commitment, and

Whereas, volunteers are assigned to teams, and after completing their training, the teams are sent to work on intensive short-term projects within their regions under the auspices of local and national nonprofit organizations, schools, municipalities, national and state parks, and Indian tribes, and

Whereas, the team projects include tutoring students, constructing and rehabilitating low-income housing, responding to natural disasters, cleaning up streams, helping communities develop emergency plans, and addressing many other community needs, and

Whereas, in announcing the 2007 CCNS budget, the President has proposed to eliminate AmeriCorps*NCCC, and

Whereas, this unwarranted budget cut would abandon a program that has brought untold benefits to communities across the country and enabled thousands of Americans to serve their nation in a most constructive manner, and

Whereas, although CCNS President David Eisner has indicated that the disaster response activities will be assumed in other CCNS programs, they were not designed to perform these critical tasks that are ideally suited for AmeriCorps*NCCC’s specially trained teams, and

Whereas, in Vermont, the Bennington-Rutland Opportunity Council, the Vermont Center for the Deaf and Hard of Hearing at the Austine School, ARC of Central Vermont and New Hampshire Valley, the City of Winooski, and the Vermont Department of Veterans’ Affairs have had teams assigned to their organizations, and

Whereas, another Vermont recipient of AmeriCorps*NCCC’s services has been Dream Program Incorporated, a nonprofit corporation for which AmeriCorps*NCCC volunteer teams have tutored and mentored youth, organized communities, and developed trails and major infrastructure facilities at its camp for low-income youngsters, and

Whereas, the story of AmeriCorps*NCCC can be retold by hundreds of other nonprofit organizations nationwide, and

Whereas, the continuation of AmeriCorps*NCCC is essential for both the beneficiaries and the volunteers who derive an especially meaningful life’s experience from their participation, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly urges Congress to continue funding at a reasonable level the AmeriCorps*NCCC program for 2007, and be it further

Resolved:  That the Secretary of State be directed to send a copy of this resolution to the President of the United States, to Corporation for National Service President David Eisner, and to the members of the Vermont Congressional delegation.

 

 

 

 

Vote Not Reconsidered

H. 869

     Rep. Koch of Barre Town, assuring the Chair that he voted with the prevailing side the previous Legislative day when the House passed a bill, entitled

     An act relating to the state’s transportation program;         

moved that the House reconsider its vote.

Pending the question, Shall the House reconsider its vote to pass H. 869? Rep. Hube of Londonderry 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 reconsider its vote to pass H. 869?  was decided in the negative.  Yeas, 55.  Nays, 84.

Those who voted in the affirmative are:


Acinapura of Brandon

Adams of Hartland

Allaire of Rutland City

Allard of St. Albans Town

Baker of West Rutland

Bartlett of Dover

Bostic of St. Johnsbury

Branagan of Georgia

Brennan of Colchester

Canfield of Fair Haven

Clark of St. Johnsbury

Clark of Vergennes

Condon of Colchester

Dates of Shelburne

DePoy of Rutland City

Donaghy of Poultney

Donahue of Northfield

Dowland of Holland

Dunsmore of Georgia

Errecart of Shelburne

Flory of Pittsford

Helm of Castleton

Houston of Ferrisburgh

Hube of Londonderry

Hudson of Lyndon

Johnson of Canaan

Kennedy of Chelsea

Kilmartin of Newport City

Koch of Barre Town

Komline of Dorset

Krawczyk of Bennington

Larocque of Barnet

Larrabee of Danville

LaVoie of Swanton

Lawrence of Lyndon

Livingston of Manchester

Louras of Rutland City

Marcotte of Coventry

McFaun of Barre Town

Miller of Elmore

Monti of Barre City

Morley of Barton

Morrissey of Bennington

Myers of Essex

Niquette of Colchester

Parent of St. Albans City

Severance of Colchester

Shaw of Derby

Smith of New Haven

Turner of Milton

Valliere of Barre City

Winters of Swanton

Winters of Williamstown

Wright of Burlington

Young of Orwell


Those who voted in the negative are:


Ancel of Calais

Aswad of Burlington

Atkins of Winooski

Audette of S. Burlington

Barnard of Richmond

Bohi of Hartford

Botzow of Pownal

Brooks of Montpelier

Chen of Mendon

Clarkson of Woodstock

Copeland-Hanzas of Bradford

Corcoran of Bennington

Cross of Winooski

Darrow of Dummerston

Deen of Westminster

Donovan of Burlington

Dostis of Waterbury

Emmons of Springfield

Evans of Essex

Fallar of Tinmouth

Fisher of Lincoln

Frank of Underhill

French of Randolph

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

Howrigan of Fairfield

Hunt of Essex

Jerman of Essex

Jewett of Ripton

Johnson of South Hero

Kainen of Hartford

Keenan of St. Albans City

Keogh of Burlington

Kitzmiller of Montpelier

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

Marron of Stowe

Martin of Wolcott

Masland of Thetford

McCullough of Williston

McLaughlin of Royalton

Milkey of Brattleboro

Miller of Shaftsbury

Minter of Waterbury

Molloy of Arlington

Nease of Johnson

Nitka of Ludlow

Nuovo of Middlebury

Obuchowski of Rockingham

O'Donnell of Vernon

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

Westman of Cambridge

Zuckerman of Burlington


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


Edwards of Brattleboro

Endres of Milton

Hutchinson of Randolph

Kiss of Burlington

Martin of Springfield

McAllister of Highgate

Mook of Bennington

Peaslee of Guildhall

Pugh of S. Burlington

Sunderland of Rutland Town


 

     Rep. Deen of Westminster explained his vote as follows:

“Madam Speaker:

     These are no found dollars until the Ways and Means bill passes the House, the Senate and is signed by the Governor.  That is a long arduous path before we might actually have this supposed windfall.  Counting on a windfall that might be is not a sound way to address a long-term road, bridge and public transit problem.”

     Rep. Evans of Essex explained her vote as follows:

“Madam Speaker:

     I voted no because it is not a viable solution or fiscally sound to use one-time money to address a long-term problem with our infrastructure and at least a five year opportunity for federal appropriation is wrong.”

     Rep. Kilmartin of Newport City explained his vote as follows:

“Madam Speaker:

     I vote yes.  To do otherwise is to allow the already overly fattened bull of regressive taxation bull and jam his way out of the china shop of careful and thoughtful deliberation onto the highways and the by-ways of Vermont to stick and gore the most vulnerable of Vermont.  The House should keep the bull in the china shop, and strip it of its horns and weight so that it does not injure the poor, elderly and vulnerable among us.”

     Rep. Livingston of Manchester explained her vote as follows:

“Madam Speaker:

     I will not support raising what is a regressive tax on the Vermont public until all other sources have been exhausted.”

     Rep. Marcotte of Coventry explained his vote as follows:

“Madam Speaker:

     As the owner of a convenience store with gas, I had to raise my gas price by eight cents last Friday.   Can you guess the topic of conversation on Saturday and Sunday?  Not only were people unhappy with the eight cent increase but the vast number of customers also know that I am a member of this chamber and they are not happy about this tax increase.  I invite any member to join me next weekend at my store to face the music.”

     Rep. Shand of Weathersfield explained his vote as follows:

“Madam Speaker:

     This motion to reconsider is a last minute, seat of the pants, quick fix.  This quick fix very well may cost our local towns state transportation help with their roads and bridges.  Do we really want to do that?”

     Rep. Zuckerman of Burlington explained his vote as follows:

“Madam Speaker:

     I am very pleased to hear from some members about their deep concern for the working poor and our state’s most vulnerable.

     I look forward to the day what those with similar concerns would vote for minimum wage increases, or universal health care to really alleviate some of the burdens that those individuals bear.

     Please, do not play politics with poor people.”

 

 

 

 

Vote Not Reconsidered

S. 164

     Rep. Young of Orwell, assuring the Chair that he voted with the prevailing side the previous Legislative day when the House passed a bill in concurrence with proposal of amendment, entitled

     An act relating to elections and voter registration;              

moved that the House reconsider its vote.

Pending the question, Shall the House reconsider its vote to pass S. 164 in concurrence with proposal of amendment? Rep. Young of Orwell 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 reconsider its vote to pass S. 164 in concurrence with proposal of amendment?  was decided in the negative.  Yeas, 56.  Nays, 77.

Those who voted in the affirmative are:


Acinapura of Brandon

Adams of Hartland

Allaire of Rutland City

Allard of St. Albans Town

Baker of West Rutland

Bartlett of Dover

Brennan of Colchester

Canfield of Fair Haven

Clark of St. Johnsbury

Clark of Vergennes

Condon of Colchester

Dates of Shelburne

DePoy of Rutland City

Donaghy of Poultney

Donahue of Northfield

Dowland of Holland

Dunsmore of Georgia

Errecart of Shelburne

Flory of Pittsford

Grad of Moretown

Houston of Ferrisburgh

Howrigan of Fairfield

Hube of Londonderry

Hudson of Lyndon

Johnson of Canaan

Kainen of Hartford

Kennedy of Chelsea

Kilmartin of Newport City

Koch of Barre Town

Komline of Dorset

Krawczyk of Bennington

Larocque of Barnet

Larrabee of Danville

LaVoie of Swanton

Lawrence of Lyndon

Livingston of Manchester

Louras of Rutland City

Marcotte of Coventry

McFaun of Barre Town

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

Shaw of Derby

Smith of New Haven

Turner of Milton

Valliere of Barre City

Westman of Cambridge

Winters of Swanton

Winters of Williamstown

Wright of Burlington

Young of Orwell


Those who voted in the negative are:


Ancel of Calais

Aswad of Burlington

Atkins of Winooski

Audette of S. Burlington

Barnard of Richmond

Bohi of Hartford

Botzow of Pownal

Branagan of Georgia

Brooks of Montpelier

Chen of Mendon

Clarkson of Woodstock

Copeland-Hanzas of Bradford

Corcoran of Bennington

Cross of Winooski

Darrow of Dummerston

Deen of Westminster

Donovan of Burlington

Dostis of Waterbury

Emmons of Springfield

Evans of Essex

Fallar of Tinmouth

Fisher of Lincoln

Frank of Underhill

Gervais of Enosburg

Green of Berlin

Haas of Rochester

Head of S. Burlington

Heath of Westford

Hosford of Waitsfield

Howard of Rutland City

Jerman of Essex

Jewett of Ripton

Johnson of South Hero

Keenan of St. Albans City

Keogh of Burlington

Kitzmiller of Montpelier

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

Nease of Johnson

Nitka of Ludlow

Nuovo of Middlebury

Obuchowski of Rockingham

Orr of Charlotte

Partridge of Windham

Pellett of Chester

Peterson of Williston

Pillsbury of Brattleboro

Potter of Clarendon

Pugh of S. Burlington

Randall of Troy

Reese of Pomfret

Rodgers of Glover

Rusten of Halifax

Seibert of Norwich

Severance of Colchester

Shand of Weathersfield

Sharpe of Bristol

Smith of Morristown

Sweaney of Windsor

Tracy of Burlington

Trombley of Grand Isle

Zuckerman of Burlington


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


Bostic of St. Johnsbury

Edwards of Brattleboro

Endres of Milton

French of Randolph

Helm of Castleton

Hunt of Essex

Hutchinson of Randolph

Kiss of Burlington

Marron of Stowe

Martin of Springfield

McAllister of Highgate

Monti of Barre City

Mook of Bennington

Peaslee of Guildhall

Perry of Richford

Sunderland of Rutland Town


 

Third Reading; Bill Passed

H. 690

House bill, entitled

An act relating to the identification, documentation and advancement of the creative economy of the state’s economy;

Was taken up, read the third time and passed.

Communication from Representative Bob Kiss

“March 20, 2006

 

Rep. Gaye Symington

Speaker of the House

155 State Street

Drawer 33

Montpelier, VT 05633

Dear Gaye,

As you know, I was elected mayor of Burlington on March 7th.  The City of Burlington needs someone who can devote undivided attention to the challenges that face the city.

Please accept this letter of resignation from the Vermont House of Representatives effective April 1, 2006.  It has been a pleasure and honor for me to represent the people of Chittenden District 3-4 and to serve with you and others in the Vermont House of Representatives for the past six years.

This resignation is made easier knowing that with changing responsibilities I will still continue to work together with you and the Legislature in shaping the future of Burlington and Vermont in the time ahead.  I’m looking forward to that opportunity.

With best regards,

/s/Rep. Bob Kiss

P/Chittenden District 3-4”

Adjournment

At twelve o’clock and ten minutes in the afternoon, on motion of Rep. Partridge of Windham, the House adjourned until tomorrow at one o’clock and fifteen minutes in the afternoon.