Journal of the House

________________

FRIDAY, MARCH 24, 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 Tom Charleton of the First Baptist Church, Chester, VT.

Senate Bills Referred

Senate bills of the following titles were severally taken up, read the first time and referred as follows:

S. 12

Senate bill, entitled

An act relating to limiting the application of granular fertilizers to nonagricultural turf;

To the committee on Natural Resources and Energy.

S. 228

Senate bill, entitled

An act relating to price gouging for petroleum products;

To the committee on Commerce.

S. 262

Senate bill, entitled

An act relating to expanding employer access to applicants’ criminal history records;

To the committee on Judiciary.

Joint Resolution Adopted in Concurrence

J.R.S. 61

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, March 24, 2006, it be to meet again no later than Tuesday, March 28, 2006.

Was taken up read and adopted in concurrence.

Bill Amended, Read Third Time and Passed

H. 880

House bill, entitled

An act relating to education finance simplification;

Was taken up and pending third reading of the bill, Rep. Flory of Pittsford moved to amend the bill as follows:

     In Sec. 3, on page 4, at the end of line 21, by inserting:

By a majority of those voting at an annual or special meeting called for that purpose, the voters of a municipality may elect to apply the amount allocated under this chapter to current-year property taxes to the taxpayers’ property tax installments in order or pro rata.

Which was agreed to.

Pending third reading of the bill Rep. Pugh of South Burlington moved to amend the bill as follows:

First:  In Sec. 13, on page 13, by striking subdivision (C) on lines 5 through 17, and by inserting in lieu thereof a new subdivision (C) to read:

(C)  without the inclusion of:  any gifts from nongovernmental sources, other than those described in subdivision (B) of this subdivision (5); surplus food or other relief in kind supplied by a governmental agency,; or the first $6,500.00 of income earned by a full-time student who qualifies as a dependent of the claimant under the federal Internal Revenue Code, or; the first $6,500.00 of income received by a parent person who qualifies as a dependent of the claimant under the Internal Revenue Code, and who is the claimant’s parent or disabled adult child; or payments made by the state or an agency designated in section 8907 of Title 18 for foster care or to a family of a juvenile, or for flexible family funding or difficulty of care payments made to an individual for the support of an eligible person with a developmental disability as defined in subdivision 8722(2) of Title 18.   If the commissioner determines, upon application by the claimant, that a person resides with a claimant who is disabled or was at least 62 years of age as of the end of the year preceding the claim, for the primary purpose of providing attendant care services (as defined in section 6321 of Title 33) or homemaker or companionship services, with or without compensation, which allow the claimant to remain in his or her home or avoid institutionalization, the commissioner shall exclude that person's modified adjusted gross income from the claimant's household income. The commissioner may require that a certificate in a form satisfactory to the commissioner be submitted which supports the claim.

Second:  On pages 13 and 14, by striking Sec. 14 and inserting in lieu thereof a new Sec. 14 to read:

Sec. 14.  APPLICATION OF AMENDMENT

(a)  The amendment to 32 V.S.A. § 6061(5)(C) in Sec. 13 of this act, which reads:  “or payments made by the state or an agency designated in section 8907 of Title 18 for foster care or to a family of a juvenile, or for flexible family funding or difficulty of care payments made to an individual for the support of an eligible person with a developmental disability as defined in subdivision 8722(2) of Title 18” shall apply to property tax adjustment claims filed in 2005, 2006 and 2007, and is repealed effective January 1, 2008.  The study required by Sec. 15 of this act shall determine whether continuing the exclusion of this income is necessary to maintain the system of care for developmentally disabled persons. 

(b)  Any tax assessments contrary to the amendment referenced in subsection (a) of this section and made before the effective date of this act shall be abated.

(c)  Any person may file, on or before September 1, 2006, a late or amended property tax adjustment claim related to household income in 2004 or 2005 solely to reflect the amendment referenced in subsection (a) of this section.

and by striking Sec. 16 and renumbering the remaining sections to be numerically correct.

     Third:  In Sec. 15, on page 14, by striking line 16, and inserting in lieu thereof:

house committees on appropriations, human services, and ways and means and the senate committees on appropriations, finance, and health and welfare by

and by striking lines 13 and 14 and inserting in lieu thereof:

portion of such payments, and whether the continuing exclusion of such income is necessary to maintain the system of care for developmentally

Pending the question, Shall the House amend the bill as recommended by Rep. Pugh of South Burlington? Rep. Seibert of Norwich 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 Rep. Pugh of South Burlington?  was decided in the affirmative. Yeas, 103.  Nays, 30.

Those who voted in the affirmative are:


Acinapura of Brandon

Adams of Hartland

Allard of St. Albans Town

Ancel of Calais

Aswad of Burlington

Atkins of Winooski

Audette of S. Burlington

Barnard of Richmond

Bohi of Hartford

Bostic of St. Johnsbury

Botzow of Pownal

Branagan of Georgia

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

Dates of Shelburne

Deen of Westminster

Donaghy of Poultney

Donahue of Northfield

Donovan of Burlington

Dostis of Waterbury

Dunsmore of Georgia

Edwards of Brattleboro

Emmons of Springfield

Endres of Milton

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

Helm of Castleton

Hosford of Waitsfield

Howard of Rutland City

Howrigan of Fairfield

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

Kitzmiller of Montpelier

Klein of East Montpelier

Koch of Barre Town

Kupersmith of S. Burlington

Larocque of Barnet

Larson of Burlington

Lawrence of Lyndon

Leriche of Hardwick

Lippert of Hinesburg

Lorber of Burlington

Louras of Rutland City

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

Miller of Elmore

Minter of Waterbury

Molloy of Arlington

Monti of Barre City

Mook of Bennington

Myers of Essex

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

Pugh of S. Burlington

Seibert of Norwich

Shand of Weathersfield

Sharpe of Bristol

Smith of Morristown

Sweaney of Windsor

Tracy of Burlington

Trombley of Grand Isle

Turner of Milton

Valliere of Barre City

Westman of Cambridge

Wright of Burlington

Zuckerman of Burlington


Those who voted in the negative are:


Allaire of Rutland City

Baker of West Rutland

Bartlett of Dover

Canfield of Fair Haven

Clark of St. Johnsbury

Clark of Vergennes

DePoy of Rutland City

Dowland of Holland

Errecart of Shelburne

Flory of Pittsford

Houston of Ferrisburgh

Hube of Londonderry

Hudson of Lyndon

Johnson of Canaan

Kennedy of Chelsea

Komline of Dorset

Krawczyk of Bennington

Larrabee of Danville

LaVoie of Swanton

Marron of Stowe

Morrissey of Bennington

Nitka of Ludlow

O'Donnell of Vernon

Parent of St. Albans City

Peaslee of Guildhall

Rusten of Halifax

Smith of New Haven

Winters of Swanton

Winters of Williamstown

Young of Orwell


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


Brennan of Colchester

Kainen of Hartford

Kilmartin of Newport City

Livingston of Manchester

Marcotte of Coventry

Martin of Springfield

McAllister of Highgate

Morley of Barton

Nease of Johnson

Niquette of Colchester

Randall of Troy

Reese of Pomfret

Rodgers of Glover

Severance of Colchester

Shaw of Derby

Sunderland of Rutland Town


 

     Rep. Deen of Westminster explained his vote as follows:

“Madam Speaker:

     This amendment clarifies an over zealous and mean spirited mis-interpretation by the tax commissioner that is wrong on the law and harmful to Vermonters in our care.  This amendment costs the Education Fund absolutely nothing.”

     Rep. Dowland of Holland explained his vote as follows:

“Madam Speaker:

     If the veterans have to pay on their disability checks, why exempt these caregivers?  This is why I voted NO!  The caregiver takes care of the disabled veteran, caregiver gets a free ride and the vet pays.  Something is wrong with this system.”

     Rep. Errecart of Shelburne explained her vote as follows:

“Madam Speaker:

     I vote no.  In the name of expressing gratitude to caregivers who provide an essential and difficult service, we’re taking more than $600,000 each year from the Education Fund.”

     Rep. Flory of Pittsford explained her vote as follows:

“Madam Speaker:

     I support the intent of this amendment.  However, it should be out of the General Fund, NOT the Education Fund.  At a minimum, this discussion points out the difficulties with poorly worded general resolutions.”

     Rep. Kennedy of Chelsea explained her vote as follows:

“Madam Speaker:

     We’re still playing games with words here.  If we can’t use Education money for Transportation needs, how can we justify using it for H. 880.  I vote no.”

     Rep. Partridge of Windham explained her vote as follows:

“Madam Speaker:

     Transferring funds from the Education Fund to the Transportation Fund to use for non-educational purposes is raiding the Education Fund.  Using Education Fund money for income sensitivity that is current practice is not raiding the Education Fund, it is using the money for the purpose that was intended.”

     Rep. Smith of New Haven explained his vote as follows:

“Madam Speaker:

     I support the concept and purpose of this amendment but I voted no because I believe this should be funded from the General Fund and not the Education Fund.”

     Rep. Smith of Morristown explained his vote as follows:

“Madam Speaker:

     I have never gotten a clear answer what portion of difficulty of care payments is paid as income as opposed to expenses.  Without such clarification, I do not think it appropriate to count these payments as income for purposes of calculating household income.”

     Rep. Young of Orwell explained his vote as follows:

“Madam Speaker:

     I vote no – the amendment belongs on H. 881 instead of H. 880.  Let’s pass an accurate Appropriations bill.”

     Thereupon, the bill was read a third time.

Pending the question, Shall the bill pass? Rep. Allaire of Rutland City 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 bill pass? was decided in the affirmative.  Yeas, 119.  Nays, 15.

Those who voted in the affirmative are:


Acinapura of Brandon

Adams of Hartland

Allaire of Rutland City

Allard of St. Albans Town

Ancel of Calais

Aswad of Burlington

Atkins of Winooski

Audette of S. Burlington

Barnard of Richmond

Bohi of Hartford

Bostic of St. Johnsbury

Botzow of Pownal

Branagan of Georgia

Brooks of Montpelier

Canfield of Fair Haven

Chen of Mendon

Clark of Vergennes

Clarkson of Woodstock

Condon of Colchester

Copeland-Hanzas of Bradford

Corcoran of Bennington

Cross of Winooski

Darrow of Dummerston

Dates of Shelburne

Deen of Westminster

DePoy of Rutland City

Donovan of Burlington

Dostis of Waterbury

Dowland of Holland

Dunsmore of Georgia

Edwards of Brattleboro

Emmons of Springfield

Endres of Milton

Evans of Essex

Fallar of Tinmouth

Fisher of Lincoln

Flory of Pittsford

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

Helm of Castleton

Hosford of Waitsfield

Houston of Ferrisburgh

Howard of Rutland City

Howrigan of Fairfield

Hunt of Essex

Hutchinson of Randolph

Jerman of Essex

Jewett of Ripton

Johnson of South Hero

Kainen of Hartford

Keenan of St. Albans City

Kennedy of Chelsea

Keogh of Burlington

Kiss of Burlington

Kitzmiller of Montpelier

Klein of East Montpelier

Komline of Dorset

Krawczyk of Bennington

Kupersmith of S. Burlington

Larocque of Barnet

Larson of Burlington

LaVoie of Swanton

Lawrence of Lyndon

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

McFaun of Barre Town

McLaughlin of Royalton

Milkey of Brattleboro

Miller of Shaftsbury

Miller of Elmore

Minter of Waterbury

Molloy of Arlington

Monti of Barre City

Mook of Bennington

Morrissey of Bennington

Myers of Essex

Nitka of Ludlow

Nuovo of Middlebury

Obuchowski of Rockingham

O'Donnell of Vernon

Orr of Charlotte

Otterman of Topsham

Parent of St. Albans City

Partridge of Windham

Pellett of Chester

Perry of Richford

Peterson of Williston

Pillsbury of Brattleboro

Potter of Clarendon

Pugh of S. Burlington

Rusten of Halifax

Seibert of Norwich

Shand of Weathersfield

Sharpe of Bristol

Smith of New Haven

Smith of Morristown

Sweaney of Windsor

Tracy of Burlington

Trombley of Grand Isle

Turner of Milton

Westman of Cambridge

Winters of Swanton

Winters of Williamstown

Wright of Burlington

Zuckerman of Burlington


Those who voted in the negative are:


Baker of West Rutland

Bartlett of Dover

Clark of St. Johnsbury

Donaghy of Poultney

Donahue of Northfield

Errecart of Shelburne

Hube of Londonderry

Hudson of Lyndon

Johnson of Canaan

Koch of Barre Town

Larrabee of Danville

Louras of Rutland City

Peaslee of Guildhall

Valliere of Barre City

Young of Orwell


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


Brennan of Colchester

Kilmartin of Newport City

Livingston of Manchester

Marcotte of Coventry

Martin of Springfield

McAllister of Highgate

Morley of Barton

Nease of Johnson

Niquette of Colchester

Randall of Troy

Reese of Pomfret

Rodgers of Glover

Severance of Colchester

Shaw of Derby

Sunderland of Rutland Town


 

     Rep. Donahue of Northfield explained her vote as follows:

“Madam Speaker:

     I vote no because we gain a $33 million windfall to spend from this revision.  It doesn’t come from thin air.  That means it comes from low income Vermonters paying from an invisible year in a forever future that is hidden in a date change.”

     Rep. Koch of Barre Town explained his vote as follows:

“Madam Speaker:

     This bill is titled “An act relating to education finance simplification.”  Unfortunately, I do not perceive simplification, but rather confusion.  I am also concerned that this system erodes taxpayers’ privacy, and I do not support the manufacturing of a supposed windfall by postponing our obligations to Vermonters who earn less than $47,000 annually from one fiscal year to another.  I appreciate the hard work of the Ways and Means committee, but on balance, I cannot support this bill.”

     Rep. Allaire of Rutland City explained his vote as follows:

“Madam Speaker:

     I am still troubled by the continued expansion of income sensitivity and the dollars associated with collecting property taxes to fund education and turning around and sending more and more money back out through rebates and prebates, and now back to the towns through H. 880.

     Yesterday, for the first time in my six years in the Legislature, I’m beginning to truly believe there is now momentum in this building and throughout Vermont that its time to scrap Act 60/Act 68 and the continued complicated way we fund education, and replace it with something more simple and based entirely on ability to pay.

     I vote yes today in recognition of the hard work of my colleagues in Ways and Means.  Recognizing the positive effects of combining the rebate and prebate programs, lowering the statewide property tax, and the one-time savings in the Education fund and in the General fund.  I do believe in the short-run, this is a step in the right direction.”

 

Bill Amended; Consideration Interrupted by Recess

H. 881

House bill, entitled

An act making appropriations for the support of government;

Was taken up and pending third reading of the bill, Rep. Heath of Westford moved to amend the bill as follows:

     First:  In Sec. 79, line 11, by striking out the figure “1,571,703” and inserting in lieu thereof the figure 1,871,703 and by striking out the line “interdepartmental transfer  300,000” on line 13

     Second:  In Sec. 118(a), line 20, at the end of the second sentence, by inserting a new sentence to read as follows:

It is the intent of the general assembly that if Global Commitment fund monies in this subsection are unavailable, the total funding for Vermont AIDS service organizations and peer-support organizations for client-based support services shall be maintained through the general fund or other state funding sources. 

     Third:  In Sec. 271(a)(7), line 20, after the amount $350,000, by inserting the words:  is transferred

     Fourth:  In Sec. 271(a)(33), line 6, after the amount $110,000, by inserting the words:  is transferred

Which was agreed to. 

Pending third reading of the bill Rep. Dostis of Waterbury moved to amend the bill as follows:

     By adding a new Sec. 90a to read as follows:

     Sec. 90a.  PUBLIC SERVICE DEPARTMENT APPROPRIATION

(a)  The sum of $1,000,000.00 is appropriated during fiscal year 2006 from the clean energy development fund established under 10 V.S.A. § 6523 to the public service department, as funds are available, for purposes established under that section.  Funds allocated during fiscal year 2006 may be expended without convening the clean energy fund’s advisory board. The sum of $2,400,000.00 is appropriated during fiscal year 2007 from the clean energy development fund to the public service department for purposes established under that section.  Of this amount, up to five percent is appropriated to the public service department for administrative costs related to the clean energy development fund.

(b)  This section shall take effect upon passage.

Which was agreed to.

Recess

At twelve o’clock and twenty-five minutes in the afternoon, the Speaker declared a recess until the fall of the gavel.

At one o’clock and forty-five minutes in the afternoon, the Speaker called the House to order.

Consideration Resumed;

Bill Amended; Read the Third Time and Passed

H. 881

Consideration resumed on House bill, entitled

An act making appropriations for the support of government;

     Pending third reading of the bill Rep. Marron of Stowe moved to amend the bill as follows:

     First:  In Sec. 188 , line 11, by striking the number “133,900,000” and inserting in lieu thereof the number 101,155,000 and in line 13, by striking the number “16,995,000” and inserting in lieu thereof the number 2,250,000 and in line 14, by striking the number “116,905,000” and inserting in lieu thereof the number 98,905,000 and in line 15, by striking the number “133,900,000” and inserting in lieu thereof the number 101,155,000.

     Second:  In Sec. 189, line 17, by striking the number “1,796,525,580” and inserting in lieu thereof the number 1,763,780,580 and in line 19, by striking the number “324,584,689” and inserting in lieu thereof the number 309,839,689 and in line 21 by striking the number “1,313,357,597” and inserting in lieu thereof the number 1,295,357,597 and on page 102, in line 6, by striking the number “1,796,525,580” and inserting in lieu thereof the number 1,763,780,580.

     Third:  In Sec. 121, line 14, by striking the number “110,000” and inserting in lieu thereof the number 130,000.  On line 6 by striking out 20,880,145 and inserting in lieu thereof 20,900,145 and on lines 7 and 14 by striking 31,239,496 and inserting in lieu thereof 31,259,496

     Which was agreed to.

     Thereupon, the bill was read the third time.

Pending the question, Shall the bill pass? 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 bill pass? was decided in the affirmative.   Yeas, 120.  Nays, 10.

Those who voted in the affirmative are:


Acinapura of Brandon

Adams of Hartland

Allaire of Rutland City

Allard of St. Albans Town

Ancel of Calais

Aswad of Burlington

Atkins of Winooski

Audette of S. Burlington

Baker of West Rutland

Barnard of Richmond

Bohi of Hartford

Bostic of St. Johnsbury

Botzow of Pownal

Branagan of Georgia

Brooks of Montpelier

Canfield of Fair Haven

Chen of Mendon

Clark of Vergennes

Clarkson of Woodstock

Condon of Colchester

Corcoran of Bennington

Cross of Winooski

Darrow of Dummerston

Dates of Shelburne

Deen of Westminster

DePoy of Rutland City

Donaghy of Poultney

Donahue of Northfield

Donovan of Burlington

Dostis of Waterbury

Dowland of Holland

Dunsmore of Georgia

Edwards of Brattleboro

Emmons of Springfield

Endres of Milton

Evans of Essex

Fallar of Tinmouth

Fisher of Lincoln

Flory of Pittsford

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

Houston of Ferrisburgh

Howard of Rutland City

Howrigan of Fairfield

Hudson of Lyndon

Hunt of Essex

Hutchinson of Randolph

Jerman of Essex

Jewett of Ripton

Johnson of South Hero

Kainen of Hartford

Keenan of St. Albans City

Kennedy of Chelsea

Keogh of Burlington

Kiss of Burlington

Kitzmiller of Montpelier

Klein of East Montpelier

Koch of Barre Town

Komline of Dorset

Krawczyk of Bennington

Kupersmith of S. Burlington

Larson of Burlington

LaVoie of Swanton

Lawrence of Lyndon

Leriche of Hardwick

Lippert of Hinesburg

Lorber of Burlington

Louras of Rutland City

Maier of Middlebury

Malcolm of Pawlet

Marek of Newfane

Marron of Stowe

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

Morrissey of Bennington

Myers of Essex

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

Potter of Clarendon

Pugh of S. Burlington

Reese of Pomfret

Rusten of Halifax

Seibert of Norwich

Shand of Weathersfield

Sharpe of Bristol

Smith of New Haven

Smith of Morristown

Sweaney of Windsor

Tracy of Burlington

Trombley of Grand Isle

Turner of Milton

Valliere of Barre City

Westman of Cambridge

Winters of Williamstown

Wright of Burlington

Zuckerman of Burlington


Those who voted in the negative are:


Clark of St. Johnsbury

Errecart of Shelburne

Hube of Londonderry

Johnson of Canaan

Larocque of Barnet

Larrabee of Danville

Miller of Elmore

Parent of St. Albans City

Peaslee of Guildhall

Winters of Swanton


 

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


Bartlett of Dover

Brennan of Colchester

Copeland-Hanzas of Bradford

Helm of Castleton

Kilmartin of Newport City

Livingston of Manchester

Marcotte of Coventry

Martin of Springfield

McAllister of Highgate

Morley of Barton

Nease of Johnson

Niquette of Colchester

Pillsbury of Brattleboro

Randall of Troy

Rodgers of Glover

Severance of Colchester

Shaw of Derby

Sunderland of Rutland Town

Young of Orwell


 

     Rep. Botzow of Pownal explained his vote as follows:

“Madam Speaker:

     When it comes to rural economic development everybody talks about affordable housing, farmers, job training, entrepreneurs, infrastructure and more.  Today, with the passage of this budget, we “just do it”.”

     Rep. Flory of Pittsford explained her vote as follows:

“Madam Speaker:

     We have raised a gas tax; we have raised a cigarette tax; we have refused to lower our property tax as much as we could’ we have put our Medicaid funds further at risk; we have spent more than 2/3 of our Global Commitment money and we have spent all of the money for the VT Promise Scholarship – all in previous bills.  Unfortunately, there is now little left to debate.  Hopefully, we’ll have another chance after conference committees.”

     Rep. Hosford of Waitsfield explained her vote as follows:

“Madam Speaker:

     In a time when federal funds for social programs are being cut, this budget supports Vermont children and families.  It increases money for our youngest children, our teenagers, our homeless and runaways.   As a lifelong educator, I applaud this investment in the children who are our future.”

     Rep. Kiss of Burlington explained his vote as follows:

“Madam Speaker:

     I would be remiss not to register the absence once again of funding in this bill for dentures and eye glasses for people eligible for Medicaid in Vermont.  And, the rateable reduction for Reach-Up grants remains below 50% of the standard of need.  We can do better.

     Despite these gaps, this budget does increase child care subsidies, improves the back rent program, supports micro-business development, independent savings accounts, and women’s small business development – and it protects the dental cap in Medicaid at $475 annually.  This is progress.”

Proposal of Amendment Agreed to; Third Reading Ordered

S. 27

Rep. Lippert of Hinesburg, for the committee on Judiciary, to which had been referred Senate bill, entitled

An act relating to a safe haven defense to the crime of ;

Reported in favor of its passage in concurrence with proposal of amendment as follows:

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

Sec. 1.  SHORT TITLE

This act shall be known as the “Baby Safe Haven Law.”

Sec. 2.  LEGISLATIVE INTENT

It is the intent of the General Assembly that this act provide a procedure which ensures the safety and well-being of newborns and infants.  The General Assembly recognizes that it is preferable for a wide array of services to be available to all expectant mothers, and to newborn infants and their mothers. The procedure established in this act should be considered a safeguard that will be followed only in extraordinary circumstances.

Sec. 3.  13 V.S.A. § 1303 is amended to read:

§ 1303.  ABANDONMENT OR EXPOSURE OF BABY

(a)  A person who abandons or exposes a child under the age of two years, whereby the life or health of such child is endangered, shall be imprisoned not more than ten years or fined not more than $1,000.00 $10,000.00, or both.

(b)(1)  It is not a violation of this section if the a person voluntarily delivers a child not more than 30 days of age to:

(A)  An employee, staff member, or volunteer at a health care facility.

(B)  An employee, staff member, or volunteer at a fire station, police station, or church which is being attended by a person place of worship.

(C)  A 911 emergency responder at a location where the responder and the person have agreed to transfer the child.

(2)  A person voluntarily delivering a child under this subsection shall not be required to reveal any personally identifiable information, but may be offered the opportunity to provide information concerning the child’s or family’s medical history.

(3)  A person or facility to whom a child is delivered pursuant to this subsection shall be immune from civil or criminal liability for any action taken pursuant to this subsection.

(4)  A health care facility, fire station, police station, church, or 911 emergency responder person or facility to whom a child is delivered pursuant to this subsection shall:

(A)  Take temporary custody of the child and ensure that he or she receives any necessary medical care.

(B)  Provide notice that he, she, or it has taken temporary custody of the child to a law enforcement agency.

(C)  Provide notice that he, she, or it has taken temporary custody of the child to the department for children and family services, which shall take custody of the child as soon as practicable.

(5)  The department for children and family services shall develop and implement a public information program to increase public awareness about the provisions of the Baby Safe Haven Law, and shall report on the elements and status of the program by January 15, 2007, to the chairs of the senate committee on health and welfare and the house committee on human services.

And that the title be amended to read as follows “AN ACT RELATING TO DECRIMINALIZING VOLUNTARILY DELIVERING A BABY TO A SAFE HAVEN” 

The bill, having appeared on the Calendar one day for notice, was taken up, read the second time and the recommendation of proposal of amendment agreed to and third reading ordered.

Favorable Report; Third Reading Ordered

S. 111

Rep. Dostis of Waterbury, for the committee on Government Operations, to which had been referred Senate bill, entitled

An act relating to prior service credit for teachers;

Reported in favor of its passage.  The bill, having appeared on the Calendar one day for notice, was taken up, read the second time and third reading ordered.

 Favorable Report; Third Reading Ordered

J.R.H. 7

Rep. Sharpe of Bristol, for the committee on Transportation, to which had been referred Joint resolution, entitled

Joint resolution urging the state of New Hampshire to expedite the restoration of the Vilas bridge;

Reported in favor of its passage.  The resolution, having appeared on the Calendar one day for notice, was taken up, read the second time and third reading ordered.

Rules Suspended; Bill Messaged to Senate Forthwith

H. 881

     On motion of Rep. Flory of Pittsford, the rules were suspended and House bill, entitled

     An act making appropriations for the support of government;

was ordered messaged to the Senate forthwith.

     Committee Relieved of Consideration

and Bill Committed to Other Committee

S. 12

Rep. McCullough of Williston moved that the committee on Natural Resources and Energy be relieved of Senate bill, entitled

Senate bill, entitled

An act relating to limiting the application of granular fertilizers to nonagricultural turf;

And that the bill be committed to the committee on Fish, Wildlife and Water Resources, which was agreed to.

Message from the Senate No. 42

     A message was received from the Senate by Mr. Marshall, its Assistant Secretary, as follows:

Madam Speaker:

I am directed to inform the House that the Senate has on its part passed Senate bill of the following title:

S. 158.  An act relating to the disposition of unclaimed property by the state.

     In the passage of which the concurrence of the House is requested.

The Senate has on its part adopted Senate concurrent resolutions of the following titles:

     S.C.R. 58.  Senate concurrent resolution congratulating Charles Shackleton on being named the Vermont Wood Manufacturers Association’s ”Woodworker of the Year”.

     S.C.R. 59.  Senate concurrent resolution in memory of former Woodstock town clerk Frederick A. Doubleday.

     The Senate has on its part adopted concurrent resolutions originating in the House of the following titles:

     H.C.R. 260.  House concurrent resolution congratulating the 2006 Colchester High School Lakers Division II championship boys hockey team.

     H.C.R. 261.  House concurrent resolution congratulating the 2006 Colchester Lakers Division II championship girls hockey team.

     H.C.R. 262.  House concurrent resolution congratulating Travis St. Hilaire on the completion of his outstanding high school wrestling career.

     H.C.R. 263.  House concurrent resolution honoring Vermont’s museums during the year of the museum.

     H.C.R. 264.  House concurrent resolution congratulating recently certified master loggers and congratulating the 2005 Vermont master logger of the year.

     H.C.R. 265.  House concurrent resolution congratulating the Gifford Medical Center Auxiliary on its centennial anniversary.

     H.C.R. 266.  House concurrent resolution honoring Roger and Rosie Wilson as outstanding citizens of Grafton.

     H.C.R. 267.  House concurrent resolution congratulating the Enosburg High School Hornets 2006 girls basketball Division III championship team.

     H.C.R. 268.  House concurrent resolution honoring the American Red Cross and its Vermont volunteers during American Red Cross Month.

     H.C.R. 269.  House concurrent resolution in memory of Vermont National Guard Sgt. Scott P McLaughlin of Hardwick.

Adjournment

At two o’clock  and forty-five minutes in the afternoon, on motion of Rep. Flory of Pittsford, the House adjourned until Tuesday, March 24, 2006, at ten o’clock in the forenoon, pursuant to the provisions of J.R.S. 61.

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. 260

House concurrent resolution congratulating the 2006 Colchester High School Lakers Division II championship boys hockey team

H.C.R.  261

House concurrent resolution congratulating the 2006 Colchester Lakers Division II championship girls hockey team

H.C.R.  262

House concurrent resolution congratulating Travis St. Hilaire on the completion of his outstanding high school wrestling career

H.C.R.  263

House concurrent resolution honoring Vermont’s museums during the year of the museum

H.C.R.  264

          House concurrent resolution congratulating recently certified master loggers and congratulating the 2005 Vermont master logger of the year

H.C.R.  265

House concurrent resolution congratulating the Gifford Medical Center Auxiliary on its centennial anniversary

H.C.R.  266

House concurrent resolution honoring Roger and Rosie Wilson as outstanding citizens of Grafton

H.C.R.  267

House concurrent resolution congratulating the Enosburg High School Hornets 2006 girls basketball Division III championship team

H.C.R.  268

House concurrent resolution honoring the American Red Cross and its Vermont volunteers during American Red Cross Month

 

H.C.R.  269

House concurrent resolution in memory of Vermont National Guard Sgt. Scott P. McLaughlin of Hardwick

S.C.R. 58

     Senate concurrent resolution congratulating Charles Shackleton on being named the Vermont Wood Manufacturers Association's "Woodworker of the Year"

S.C.R. 59

     Senate concurrent resolution in memory of former Woodstock town clerk Frederick A. Doubleday

     [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]