AutoFill Template

Journal of the House

________________

THURSDAY, FEBRUARY 7, 2008

At one o'clock and fifteen minutes in the afternoon the Speaker called the House to order.

Devotional Exercises

Devotional exercises were conducted by poet/farmer, Gordon Tallman of Hyde Park, Vermont.

Communication from Governor

“February 6, 2008

The Honorable Gaye R. Symington

115 State Street, Drawer 33

Montpelier, VT 05633

Dear Speaker Symington,

I have the honor to inform you that I have appointed Howard Crawford to serve in House district Caledonia – 4 effective February 6, 2008.

Sincerely,

/s/ James H. Douglas

Governor

JHD/ms

cc: Deborah Markowitz, Secretary of State of Vermont

Donald Milne, Clerk of the House”

Oath Administered to Rep. Howard Crawford

The Speaker directed the Doorkeeper to conduct Rep. Howard Crawford, the appointed member from Caledonia-4, to the bar of the House where he took the subscribed oath, administered by the Clerk, as required by the Constitution and laws of the State.

New Member Seated

Rep. Crawford of Burke, the newly appointed member, having taken and subscribed the oath administered by the Clerk, as required by the Constitution and laws of the State, was conducted to his seat by the Doorkeeper.

House Bill Introduced

H. 860

Reps. Anderson of Montpelier and Kitzmiller of Montpelier introduced a bill, entitled

An act relating to the merger of Berlin Fire District No. 1 and the City of Montpelier;

Which was read the first time and referred to the committee on Government Operations.

Joint 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.

J.R.S. 49

By Senators Illuzzi, Miller, Racine, Condos and Carris,

Joint resolution relating to the collection of United States census data in Vermont.

Whereas, the many variables of demographic data the U.S. Bureau of the Census, an agency of the United States Department of Commerce, collects have a direct impact on the lives of thousands of Vermonters, and

Whereas, the census data, especially the data traditionally collected in the decennial long form, are essential for measuring critical issues for Vermonters such as the availability of affordable housing, the prevalence of child poverty, and employment trends, and they are the basis for funding numerous federal programs that assist Vermonters in important ways, and

Whereas, the professional staff at the Vermont State Data Center at the Center for Rural Studies at the University of Vermont, who serve as independent advocates on behalf of the integrity of the data that the census provides to the state and towns, has expressed a strong concern that recent major changes in the methods of collecting and reporting data may result in a loss of important federal funding for the state and municipalities and a disconnection of census data from its traditional and essential uses, and

Whereas, in recent decades, information relating to income, poverty, and other demographic data has been gathered through the long form questionnaires issued as part of the decennial United States census, and

Whereas, the long form version of the decennial census has been eliminated, and its replacement is a revised American Community Survey (ACS), which is an annual sample-based survey, and

Whereas, the new ACS data is now being released as a replacement for information previously drawn from answers to the decennial census long form with full implementation by 2010, and

Whereas, under the previous “most of the time residence rule,” the decennial census long form included only a town’s primary residents; however, under the new “more than two months” residence rule, the ACS data will now include seasonal residents, a change with potentially significant impact in Vermont where many towns have substantial seasonal populations, and

Whereas, because seasonal residents, even if their primary residence is also in Vermont, often earn higher incomes than a town’s permanent residents, their inclusion in a sample could result in a town being denied funds for essential social services to which it would otherwise be entitled, and

Whereas, in a few towns, the inclusion of seasonal residents may have the reverse effect and artificially skew significant statistical thresholds downward, and

Whereas, the ACS data may be of lower integrity than the long form results because the percentage of the population sample will be smaller, and

Whereas, because the ACS data for localities is being released as five-year averages, the statistical value and conclusions that towns may draw from the data, may be of more limited use, and

Whereas, because the ACS data will include margins of error, it is effectively being presented as numerical ranges and not single numbers, and this new formatting will necessitate the state and towns making corresponding changes in their statistical analysis, and

Whereas, because of all these changes in data sampling and reporting, the long-standing ability to track historic trends could be greatly impaired, and

Whereas, Vermont could potentially lose significant federal revenues and informational resources as a result of these administrative decisions, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly urges the United States Bureau of the Census to work with state and local officials, including the professional staff at the state data centers nationwide, to address the inequalities that will result due to the alterations of the bureau’s statistical gathering and reporting methodologies, and be it further

Resolved: That the General Assembly urges the United States Bureau of the Census, if it intends to maintain the new “more than two months” residence rule for the American Community Survey, to create, within the survey’s reports, methods for disclosing the inclusion of seasonal residents and the means to isolate residents who meet the former “most of the time” criteria, and be it further

Resolved: That the General Assembly urges the United States Congress to commit the financial resources necessary for the United States Bureau of the Census to address and eliminate the data collection and reporting inequalities and concerns referred to in this resolution, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to U.S. Secretary of Commerce, Carlos Gutierrez, to the Director of the United States Bureau of the Census, Steven Murdock, Ph.D., to the Vermont State Data Center, and to the Vermont Congressional delegation.

J.R.S. 50

By the Committee on Transportation,

Joint resolution urging Congress to include transportation infrastructure projects in the federal economic stimulus package.

Whereas, the subprime mortgage crisis, and the staggering drop in activity in the housing industry, including a declining number of new starts in 2007, have spurred the President and the bipartisan leadership in the United States House of Representatives to develop an emergency economic stimulus package designed to pump money into the economy on a rapid basis, and

Whereas, despite calls from many quarters, including leading economists, for a more broadly-based program, the United States House-passed version (H.R. 5140) of the legislation consists of a system of one-time tax rebate payments to individual taxpayers with additional payments based on the taxpayer’s number of children, and provisions to include low income individuals in the rebate program, and

Whereas, although H.R. 5140 also includes business tax incentives and mortgage and housing loan provisions intended to stimulate the economy, these provisions in combination will not pump large sums of money into the economic stream on an immediate basis, and

Whereas, even if this legislation is signed into law in the coming days, the technical preparations that the United States Internal Revenue Service must implement in order to issue the rebate payment checks will probably delay any checks being mailed before May at the earliest, and

Whereas, based on the results of prior similar federal stimulus legislation, H.R. 5140 may not serve its intended purposes because many individuals will either use the extra money to pay debts or deposit it in the bank, and in either case, not spend the cash on consumer goods or services, and

Whereas, a desirable method for introducing cash into the economy on an accelerated basis and also benefitting the public generally would be for Congress to create transportation infrastructure economic stimulus legislation, and

Whereas, Peter Orszag, director of the Congressional Budget Office, has testified before the United States Senate Finance Committee that target transportation infrastructure investments would provide a rapid and effective economic boost, and

Whereas, on a national basis, each dollar invested in transportation infrastructure generates $5.70 in economic activity, and

Whereas, for every billion dollars invested in transportation infrastructure, 47,000 jobs are created nationwide, and

Whereas, over 2,700 transportation infrastructure projects in 44 states could be ready to begin construction in 90 days, and

Whereas, many of these projects would greatly improve both motorists’ safety and travel conditions and would also provide long-term benefits to all Americans by improving our nation’s transportation infrastructure, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly requests that Congress create a transportation infrastructure economic stimulus package and that traditional state matching requirement be lowered to five percent and be subject to the sliding scale provided for in 23 U.S.C. § 120, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to the Vermont Congressional delegation.

Bill Referred to Committee on Appropriations

S. 209

Senate bill, entitled

An act relating to the Vermont energy efficiency and affordability act;

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

H. 278

Rules Suspended; Bill Committed

On motion of Rep. Pugh of South Burlington, the rules were suspended and House bill, entitled

An act relating to regulation of child care facilities;

Appearing on the Calendar for notice, was taken up for immediate consideration.

Pending the reading of the report of the committee on Human Services, on motion of Rep. Pugh of South Burlington, the bill was committed to the committee on Judiciary

Bill Amended; Third Reading Ordered

H. 267

Rep. Stevens of Shoreham, for the committee on Agriculture, to which had been referred House bill, entitled

An act relating to industrial hemp;

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

Sec. 1. INTENT

The intent of this act is to establish policy and procedures for growing industrial hemp in Vermont so that farmers and other businesses in the Vermont agricultural industry can take advantage of this market opportunity when federal regulations permit.

Sec. 2. LEGISLATIVE FINDINGS

The general assembly finds:

(1) Industrial hemp is a suitable crop for Vermont, and its production will contribute to the future viability of Vermont agriculture.

(2) Allowing industrial hemp production will provide farmers an opportunity to sell their products to a marketplace that pays them a reasonable rate of return for their labor and capital investments. Farmers in Canada report an $800.00 per‑acre return for the crop.

(3) The infrastructure needed to process industrial hemp will result in increased business opportunities and new jobs in our communities.

(4) As a food crop, industrial hemp seeds and oil produced from the seeds have high nutritional value, including healthy fats and protein.

(5) As a fiber crop, industrial hemp can be used in the manufacture of products such as clothing, building supplies, and animal bedding.

(6) As a fuel crop, industrial hemp seeds can be processed into biodiesel, and stalks can be pelletized or flaked for burning or processed for cellulosic ethanol. Industrial hemp also expands opportunities for on-farm renewable energy production.

(7) The production of industrial hemp can play a useful agronomic role in farm land management as part of a crop rotation system.

Sec. 3. 6 V.S.A. chapter 34 is added to read:

CHAPTER 34. INDUSTRIAL HEMP

§ 560. DEFINITIONS

As used in this chapter:

(1) “Grower” means any person or business entity licensed under this chapter by the secretary as an industrial hemp grower.

(2) “Hemp products” means all products made from industrial hemp, including but not limited to cloth, cordage, fiber, food, fuel, paint, paper, particle board, plastics, seed, seed meal, seed oil, and certified seed for cultivation if such seeds originate from industrial hemp varieties.

(3) “Industrial hemp” means varieties of the plant cannabis sativa having no more than 0.3 percent tetrahydrocannabinol, whether growing or not, that are cultivated or possessed by a licensed grower in compliance with this chapter.

(4) “Secretary” means the secretary of agriculture, food and markets.

§ 561. INDUSTRIAL HEMP: AN AGRICULTURAL PRODUCT

Industrial hemp is an agricultural product which may be grown, produced, possessed, and commercially traded in Vermont pursuant to the provisions of this chapter.

§ 562. LICENSING; APPLICATION

(a) Any person or business entity wishing to engage in the production of industrial hemp must be licensed as an industrial hemp grower by the secretary. A license from the secretary shall authorize industrial hemp production only at a site or sites specified by the license.

(b) A license from the secretary shall be valid for 24 months from the date of issuance and may be renewed but shall not be transferable.

(d) When applying for a license from the secretary, an applicant shall provide information sufficient to demonstrate to the secretary that the applicant intends to grow and is capable of growing industrial hemp in accordance with this chapter, which at a minimum shall include:

(1) Filing a set of the applicant’s fingerprints, taken by a law enforcement officer, and any other information necessary to complete a statewide and nationwide criminal history check with the Vermont criminal information center for statewide processing and with the Federal Bureau of Investigation for federal processing. Criminal history records provided to the secretary under this section are confidential and shall only be used in determining an applicant’s eligibility for licensure.

(2) Filing with the secretary documentation certifying that the seeds obtained for planting are of a type and variety compliant with the maximum concentration of tetrahydrocannabinol set forth in subdivision 560(3) of this chapter.

(3) Filing with the secretary the location and acreage of all parcels sown and other field reference information as may be required by the secretary.

(e) To qualify for a license from the secretary, an applicant shall demonstrate to the satisfaction of the secretary that the applicant has adopted methods to ensure the legal production of industrial hemp, which at a minimum shall include:

(1) Ensuring that all parts of the industrial hemp plant that do not enter the stream of commerce as hemp products are destroyed, incorporated into the soil, or otherwise properly disposed of.

(2) Maintaining records that reflect compliance with the provisions of this chapter and with all other state laws regulating the planting and cultivation of industrial hemp.

(f) Every grower shall maintain all production and sales records for at least three years.

(g) Every grower shall allow industrial hemp crops, throughout sowing, growing season, harvest, storage, and processing, to be inspected by and at the discretion of the secretary or his or her designee.

§ 563. RULEMAKING AUTHORITY

The secretary shall, no later than December 31, 2008, adopt rules to provide for the implementation of this chapter, which shall include rules to allow for the industrial hemp to be tested during growth for tetrahydrocannabinol levels and to allow for supervision of the industrial hemp during sowing, growing season, harvest, storage, and processing.

§564. REVOCATION AND SUSPENSION OF LICENSE; ENFORCEMENT

(a) The secretary may deny, suspend, revoke, or refuse to renew the license of any grower who:

(1) Makes a false statement or misrepresentation on an application for a license or renewal of a license.

(2) Fails to comply with or violates any provision of this chapter or any rule adopted under it.

(b) Revocation or suspension of a license may be in addition to any criminal penalties or fines imposed on a grower under other state law.

Sec. 4. EFFECTIVE DATE

This act shall take effect on passage.

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 Agriculture? Rep. Lippert of Hinesburg moved to substitute an amendment for the amendment offered by the committee on Agriculture, as follows:

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

Sec. 1. LEGISLATIVE FINDINGS

The general assembly finds:

(1) Industrial hemp is a suitable crop for Vermont, and its production will contribute to the future viability of Vermont agriculture.

(3) The infrastructure needed to process industrial hemp will result in increased business opportunities and new jobs in our communities.

(4) As a food crop, industrial hemp seeds and oil produced from the seeds have high nutritional value, including healthy fats and protein.

(5) As a fiber crop, industrial hemp can be used in the manufacture of products such as clothing, building supplies, and animal bedding.

(7) The production of industrial hemp can play a useful agronomic role in farm land management as part of a crop rotation system.

Sec. 2. 6 V.S.A. chapter 34 is added to read:

CHAPTER 34. INDUSTRIAL HEMP

§ 561. INTENT

§ 562. DEFINITIONS

As used in this chapter:

(1) “Grower” means any person or business entity licensed under this chapter by the secretary as an industrial hemp grower.

(4) “Secretary” means the secretary of agriculture, food and markets.

§ 563. INDUSTRIAL HEMP: AN AGRICULTURAL PRODUCT

Industrial hemp is an agricultural product which may be grown, produced, possessed, and commercially traded in Vermont pursuant to the provisions of this chapter.

§ 564. LICENSING; APPLICATION

(b) A license from the secretary shall be valid for 24 months from the date of issuance and may be renewed but shall not be transferable.

(c)(1) The secretary shall obtain from the Vermont criminal information center a record of convictions in Vermont and other jurisdictions for any applicant for a license who has given written authorization on the application form. The secretary shall file a user's agreement with the center. The user's agreement shall require the secretary to comply with all statutes, rules, and policies regulating the release of criminal conviction records and the protection of individual privacy. Conviction records provided to the secretary under this section are confidential and shall be used only to determine the applicant’s eligibility for licensure.

(2) A person who has been convicted in Vermont of a felony offense or a comparable offense in another jurisdiction shall not be eligible for a license under this chapter.

(1) Filing with the secretary a set of classifiable fingerprints and written authorization permitting the Vermont criminal information center to generate a record of convictions as required by subdivision (c)(1) of this section.

(3) Filing with the secretary the location and acreage of all parcels sown and other field reference information as may be required by the secretary.

(1) Ensuring that all parts of the industrial hemp plant that do not enter the stream of commerce as hemp products are destroyed, incorporated into the soil, or otherwise properly disposed of.

(2) Maintaining records that reflect compliance with the provisions of this chapter and with all other state laws regulating the planting and cultivation of industrial hemp.

(f) Every grower shall maintain all production and sales records for at least three years.

§565. REVOCATION AND SUSPENSION OF LICENSE; ENFORCEMENT

(a) The secretary may deny, suspend, revoke, or refuse to renew the license of any grower who:

(1) Makes a false statement or misrepresentation on an application for a license or renewal of a license.

(2) Fails to comply with or violates any provision of this chapter or any rule adopted under it.

(b) Revocation or suspension of a license may be in addition to any civil or criminal penalties imposed on a grower for a violation of any other state law.

§ 566. RULEMAKING AUTHORITY

Sec. 4. EFFECTIVE DATE

This act shall take effect on passage.

Which was agreed to.

Pending the question, Shall the bill be read the third time? Rep. Pellett of Chester 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 be read the third time? was decided in the affirmative. Yeas, 127. Nays, 9.

Those who voted in the affirmative are:

Acinapura of Brandon

Adams of Hartland

Ainsworth of Royalton

Allard of St. Albans Town

Ancel of Calais

Anderson of Montpelier

Andrews of Rutland City

Aswad of Burlington

Atkins of Winooski

Audette of S. Burlington

Baker of West Rutland

Barnard of Richmond

Bostic of St. Johnsbury

Botzow of Pownal

Branagan of Georgia

Bray of New Haven

Browning of Arlington

Canfield of Fair Haven

Chen of Mendon

Cheney of Norwich

Clark of Vergennes

Clarkson of Woodstock

Clerkin of Hartford

Condon of Colchester

Consejo of Sheldon

Copeland-Hanzas of Bradford

Corcoran of Bennington

Courcelle of Rutland City

Davis of Washington

Deen of Westminster

Devereux of Mount Holly

Donaghy of Poultney

Donahue of Northfield

Dostis of Waterbury

Edwards of Brattleboro

Emmons of Springfield

Evans of Essex

Fallar of Tinmouth

Fisher of Lincoln

Fitzgerald of St. Albans City

Flory of Pittsford

Frank of Underhill

French of Randolph

Gervais of Enosburg

Gilbert of Fairfax

Godin of Milton

Haas of Rochester

Head of S. Burlington

Heath of Westford

Helm of Castleton

Hosford of Waitsfield

Howard of Rutland City

Hutchinson of Randolph

Jerman of Essex

Jewett of Ripton

Johnson of South Hero

Keenan of St. Albans City

Keogh of Burlington

Kilmartin of Newport City

Kitzmiller of Montpelier

Klein of East Montpelier

Koch of Barre Town

Kupersmith of S. Burlington

Larrabee of Danville

Larson of Burlington

Lawrence of Lyndon

Lenes of Shelburne

Leriche of Hardwick

Lippert of Hinesburg

Lorber of Burlington

Maier of Middlebury

Malcolm of Pawlet

Manwaring of Wilmington

Marcotte of Coventry

Marek of Newfane

Martin, C. of Springfield

Martin of Wolcott

Masland of Thetford

McCormack of Rutland City

McCullough of Williston

McDonald of Berlin

McFaun of Barre Town

McNeil of Rutland Town

Milkey of Brattleboro

Miller of Shaftsbury

Minter of Waterbury

Mitchell of Barnard

Mook of Bennington

Moran of Wardsboro

Morley of Barton

Morrissey of Bennington

Mrowicki of Putney

Nease of Johnson

Nuovo of Middlebury

Obuchowski of Rockingham

O'Donnell of Vernon

Ojibway of Hartford

Orr of Charlotte

Otterman of Topsham

Oxholm of Vergennes

Partridge of Windham

Pearson of Burlington

Pellett of Chester

Peltz of Woodbury

Perry of Richford

Peterson of Williston

Pillsbury of Brattleboro

Pugh of S. Burlington

Randall of Troy

Rodgers of Glover

Scheuermann of Stowe

Shand of Weathersfield

Sharpe of Bristol

Shaw of Derby

Smith of Morristown

Stevens of Shoreham

Sweaney of Windsor

Trombley of Grand Isle

Turner of Milton

Valliere of Barre City

Westman of Cambridge

Weston of Burlington

Wheeler of Derby

Wright of Burlington

Zenie of Colchester

Zuckerman of Burlington