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Journal of the House

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THURSDAY, FEBRUARY 1, 2007

At three o'clock in the afternoon the Speaker called the House to order.

Devotional Exercises

Devotional exercises were conducted by Reverend Paul Essaff of Lighthouse Christian Church, Montpelier.

Message from the Senate No. 16

     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 adopted joint resolutions of the following titles:

J.R.S. 11.  Joint resolution relating to weekend adjournment.

J.R.S. 12.  Joint resolution providing for a Joint Assembly for the election of a Sergeant at Arms, an Adjutant and Inspector General and three Trustees of the University of Vermont and State Agricultural College.

J.R.S. 13.  Joint resolution establishing a procedure for the conduct of the election of UVM trustees by plurality vote by the General Assembly in 2007.

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

House Bills Introduced

House bills of the following titles were severally introduced.  Pending first reading of the bills, on motion of Rep. Adams of Hartland, the rules were suspended and the bills were read the first time by number and referred or placed on the Calendar as follows:

H. 183

By Reps. Masland of Thetford, Botzow of Pownal and Shand of Weathersfield,

An act relating to telecommunications service rates for fire departments and emergency medical service providers;

To the committee on Commerce.

H. 184

By Rep. Winters of Williamstown,

An act relating to designating the Vermont state colors;

To the committee on General, Housing and Military Affairs.

H. 185

     By Reps. Botzow of Pownal, Johnson of South Hero, Stevens of Shoreham, Ainsworth of Royalton, Andrews of Rutland City, Bissonnette of Winooski, Bray of New Haven, Brooks of Montpelier, Canfield of Fair Haven, Cheney of Norwich, Clark of St. Johnsbury, Clark of Vergennes, Clerkin of Hartford, Condon of Colchester, Consejo of Sheldon, Edwards of Brattleboro, Fisher of Lincoln, Fitzgerald of St. Albans City, French of Randolph, Godin of Milton, Haas of Rochester, Head of S. Burlington, Hosford of Waitsfield, Jerman of Essex, Jewett of Ripton, Kitzmiller of Montpelier, Krawczyk of Bennington, Kupersmith of S. Burlington, Maier of Middlebury, Malcolm of Pawlet, Manwaring of Wilmington, Marcotte of Coventry, Marek of Newfane, Martin of Springfield, Milkey of Brattleboro, Moran of Wardsboro, Mrowicki of Putney, Nuovo of Middlebury, Ojibway of Hartford, Orr of Charlotte, Oxholm of Vergennes, Pearson of Burlington, Potter of Clarendon, Randall of Troy, Sharpe of Bristol, Spengler of Colchester, Turner of Milton, Valliere of Barre City, Weston of Burlington, Wheeler of Derby, Zenie of Colchester and Zuckerman of Burlington,

An act relating to competitive grants program for farmers’ markets;

To the committee on Agriculture.

H. 186

By Rep. Botzow of Pownal,

An act relating to municipal damages for domestic animals injured or killed by dogs;

To the committee on Government Operations.

H. 187

By Rep. Deen of Westminster,

An act relating to wholesale bait dealer’s permit and a fee for use of nonbiodegradable containers;

To the committee on Fish, Wildlife and Water Resources.

 

H. 188

     By Reps. Nease of Johnson, Acinapura of Brandon, Adams of Hartland, Allard of St. Albans Town, Andrews of Rutland City, Aswad of Burlington, Audette of S. Burlington, Baker of West Rutland, Bissonnette of Winooski, Bostic of St. Johnsbury, Botzow of Pownal, Branagan of Georgia, Bray of New Haven, Canfield of Fair Haven, Chen of Mendon, Cheney of Norwich, Clark of St. Johnsbury, Clark of Vergennes, Clarkson of Woodstock, Consejo of Sheldon, Copeland-Hanzas of Bradford, Corcoran of Bennington, Courcelle of Rutland City, Deen of Westminster, Devereux of Mount Holly, Donaghy of Poultney, Donovan of Burlington, Dostis of Waterbury, Fitzgerald of St. Albans City, Flory of Pittsford, French of Randolph, Gervais of Enosburg, Gilbert of Fairfax, Godin of Milton, Helm of Castleton, 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, Johnson of Canaan, Keenan of St. Albans City, Kitzmiller of Montpelier, Klein of East Montpelier, Komline of Dorset, Krawczyk of Bennington, Larocque of Barnet, Larrabee of Danville, Larson of Burlington, LaVoie of Swanton, Lawrence of Lyndon, Livingston of Manchester, Malcolm of Pawlet, Marek of Newfane, Martin of Wolcott, Masland of Thetford, McAllister of Highgate, McCormack of Rutland City, McDonald of Berlin, Miller of Shaftsbury, Minter of Waterbury, Mook of Bennington, Moran of Wardsboro, Morrissey of Bennington, Mrowicki of Putney, Nuovo of Middlebury, Obuchowski of Rockingham, O'Donnell of Vernon, Otterman of Topsham, Oxholm of Vergennes, Partridge of Windham, Pellett of Chester, Peltz of Woodbury, Perry of Richford, Pillsbury of Brattleboro, Potter of Clarendon, Scheuermann of Stowe, Sharpe of Bristol, Shaw of Derby, Smith of Morristown, Spengler of Colchester, Stevens of Shoreham, Sunderland of Rutland Town, Sweaney of Windsor, Trombley of Grand Isle, Turner of Milton, Valliere of Barre City, Weston of Burlington, Winters of Williamstown, Wright of Burlington and Zuckerman of Burlington,

An act relating to the special veteran and gold star registration plates;

To the committee on Transportation.

H. 189

     By Reps. Flory of Pittsford, Acinapura of Brandon, Adams of Hartland, Ainsworth of Royalton, Baker of West Rutland, Bostic of St. Johnsbury, Canfield of Fair Haven, Clark of St. Johnsbury, Clark of Vergennes, Devereux of Mount Holly, Hube of Londonderry, Johnson of Canaan, Komline of Dorset, Krawczyk of Bennington, Larocque of Barnet, Larrabee of Danville, LaVoie of Swanton, Lawrence of Lyndon, Livingston of Manchester, Marcotte of Coventry, McAllister of Highgate, McFaun of Barre Town, O'Donnell of Vernon, Oxholm of Vergennes, Peaslee of Guildhall, Scheuermann of Stowe, Shaw of Derby, Sunderland of Rutland Town, Turner of Milton, Wheeler of Derby and Wright of Burlington,

An act relating to fiscal impact statements for enactment or amendment of any penal statute;

To the committee on Judiciary.

H. 190

By Reps. Flory of Pittsford and Donaghy of Poultney,

An act relating to confidentiality of law enforcement internal investigation records;

To the committee on Government Operations.

H. 191

By Rep. Acinapura of Brandon,

An act relating to passing motor vehicles on the left;

To the committee on Transportation.

H. 192

By Rep. Deen of Westminster,

An act relating to groundwater mapping;

To the committee on Fish, Wildlife and Water Resources.

H. 193

By Rep. Deen of Westminster,

An act relating to wetlands protection;

To the committee on Fish, Wildlife and Water Resources.

H. 194

By Reps. Branagan of Georgia and LaVoie of Swanton,

An act relating to fees for stormwater discharges;

To the committee on Fish, Wildlife and Water Resources.

H. 195

By Rep. Grad of Moretown,

An act relating to parent and guardian information on motor vehicle junior operator licenses and learner permits;

To the committee on Judiciary.

H. 196

     By Reps. Fisher of Lincoln, Zuckerman of Burlington, Lorber of Burlington, Ancel of Calais, Aswad of Burlington, Barnard of Richmond, Cheney of Norwich, Davis of Washington, Deen of Westminster, Donahue of Northfield, Dostis of Waterbury, Edwards of Brattleboro, Frank of Underhill, French of Randolph, Grad of Moretown, Haas of Rochester, Howard of Rutland City, Hutchinson of Randolph, Jerman of Essex, Jewett of Ripton, Johnson of South Hero, Kitzmiller of Montpelier, Klein of East Montpelier, Larson of Burlington, Lenes of Shelburne, Leriche of Hardwick, Lippert of Hinesburg, Maier of Middlebury, Marek of Newfane, Martin of Wolcott, Masland of Thetford, McCullough of Williston, Milkey of Brattleboro, Minter of Waterbury, Moran of Wardsboro, Mrowicki of Putney, Nuovo of Middlebury, Obuchowski of Rockingham, Orr of Charlotte, Pearson of Burlington, Pellett of Chester, Pillsbury of Brattleboro, Randall of Troy, Shand of Weathersfield, Sharpe of Bristol, Smith of Morristown, Spengler of Colchester, Weston of Burlington and Zenie of Colchester,

An act relating to election for statewide and national offices by the instant runoff voting method;

To the committee on Government Operations.

H. 197

By Rep. Mook of Bennington,

     An act relating to raising the jurisdictional limit in small claims court;

     To the committee on Judiciary.

H. 198

     By Reps. Donahue of Northfield, Andrews of Rutland City, Devereux of Mount Holly, Donovan of Burlington, Evans of Essex, Fisher of Lincoln, French of Randolph, Grad of Moretown, Jerman of Essex, Koch of Barre Town, Lorber of Burlington, McAllister of Highgate, Morrissey of Bennington, Pearson of Burlington, Pellett of Chester, Pugh of S. Burlington and Sweaney of Windsor,

     An act relating to enhancing mental health parity;

     To the committee on Human Services.

H. 199

By Rep. Acinapura of Brandon (by request),

     An act relating to passing a motor vehicle on the right;

     To the committee on Transportation.

H. 200

By Reps. Branagan of Georgia and Barnard of Richmond,

     An act relating to hunting and fishing licenses for members of the United States military, Vermont National Guard, and Vermont State Guard;

     To the committee on Fish, Wildlife and Water Resources.

H. 201

     By Reps. Donahue of Northfield, Andrews of Rutland City, Errecart of Shelburne, French of Randolph, McAllister of Highgate and Pillsbury of Brattleboro,

     An act relating to admission to designated mental health hospitals;

     To the committee on Human Services.

H. 202

     By Reps. Donahue of Northfield, Andrews of Rutland City, Errecart of Shelburne, Fisher of Lincoln, McAllister of Highgate and Pillsbury of Brattleboro,

     An act relating to admission procedures for involuntary hospitalization for mental health treatment;

     To the committee on Human Services.

H. 203

     By Rep. Flory of Pittsford,

     An act relating to increasing the amount of an estate to which a surviving spouse is entitled when the deceased spouse dies without a will;

     To the committee on Judiciary.

H. 204

     By Reps. Rodgers of Glover, Larocque of Barnet, Larrabee of Danville, Morley of Barton and Pillsbury of Brattleboro,

     An act relating to awarding moose permits to Vermont landowners;

     To the committee on Fish, Wildlife and Water Resources.

H. 205

     By Reps. Grad of Moretown, Donaghy of Poultney, Marek of Newfane and Pellett of Chester,

     An act relating to domestic assault;

     To the committee on Judiciary.

H. 206

     By Rep. Myers of Essex,

     An act relating to passing and no-passing zones on highways;

     To the committee on Transportation.

H. 207

     By Reps. Donahue of Northfield, Errecart of Shelburne, Fisher of Lincoln, McAllister of Highgate, Milkey of Brattleboro and Pillsbury of Brattleboro,

     An act relating to the discharge of voluntarily admitted psychiatric inpatients;

     To the committee on Human Services.

H. 208

     By Reps. Keogh of Burlington, Cheney of Norwich, Fitzgerald of St. Albans City, Godin of Milton, Johnson of South Hero, Pillsbury of Brattleboro, Trombley of Grand Isle, Weston of Burlington and Wright of Burlington,

     An act relating to discharges from vessels;

     To the committee on Fish, Wildlife and Water Resources.

H. 209

     By Reps. Sunderland of Rutland Town, Adams of Hartland, Ainsworth of Royalton, Baker of West Rutland, Branagan of Georgia, Devereux of Mount Holly, Errecart of Shelburne, Flory of Pittsford, Hudson of Lyndon, Johnson of Canaan, Kilmartin of Newport City, Komline of Dorset, Krawczyk of Bennington, Lawrence of Lyndon, Marcotte of Coventry, McAllister of Highgate, McFaun of Barre Town, O’Donnell of Vernon, Turner of Milton, Valliere of Barre City and Wright of Burlington,

     An act relating to a property taxpayers’ bill of rights;

     To the committee on Ways and Means.

H. 210

     By Reps. Canfield of Fair Haven, Acinapura of Brandon, Baker of West Rutland, Brennan of Colchester, Devereux of Mount Holly, Donaghy of Poultney, Fitzgerald of St. Albans City, Flory of Pittsford, Helm of Castleton, Larocque of Barnet, McAllister of Highgate and Stevens of Shoreham,

     An act relating to nightclubs and sprinkler systems;

     To the committee on General, Housing and Military Affairs.

H. 211

     By Reps. Sunderland of Rutland Town, Baker of West Rutland, Devereux of Mount Holly, Donaghy of Poultney, Hube of Londonderry, Livingston of Manchester and McAllister of Highgate,

     An act relating to consolidation of supervisory union school districts;

     To the committee on Education.

H. 212

     By Rep. Keogh of Burlington,

     An act relating to authority of local liquor control commissions;

     To the committee on General, Housing and Military Affairs.

H. 213

     By the committee on Agriculture,

     An act relating to interim assistance to the dairy industry and the development of long-term goals for a viable agricultural sector;

     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. 52

Senate bill, entitled

An act relating to motor vehicles, snowmobiles, motorboats, and all-terrain vehicles;

To the committee on Government Operations.

S. 53

Senate bill, entitled

An act relating to motor vehicles;

To the committee on Transportation.

S. 54

Senate bill, entitled

An act relating to motor vehicle wreckers;

To the committee on Transportation.

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.  9

House resolution designating February 2, 2007 as “Wear Red for Women Day”

Offered by:  Representatives Barnard of Richmond, Pugh of Burlington, Acinapura of Brandon, Allard of St. Albans Town, Ancel of Calais, Andrews of Rutland City, Aswad of Burlington, Baker of West Rutland, Bissonnette of Winooski, Canfield of Fair Haven, Clark of Vergennes, Clarkson of Woodstock, Copeland-Hanzas of Bradford, Deen of Westminster, Devereux of Mount Holly, Donaghy of Poultney, Donovan of Burlington, Evans of Essex, Flory of Pittsford, Gilbert of Fairfax, Grad of Moretown, Hosford of Waitsfield, Jerman of Essex, Jewett of Ripton, Kupersmith of S. Burlington, Lippert of Hinesburg, Livingston of Manchester, Marek of Newfane, Martin of Wolcott, Masland of Thetford, McDonald of Berlin, Milkey of Brattleboro, Minter of Waterbury, Mook of Bennington, Morley of Barton, Nease of Johnson, Nuovo of Middlebury, Oxholm of Vergennes, Pellett of Chester, Peltz of Woodbury, Peterson of Williston, Pillsbury of Brattleboro, Potter of Clarendon, Rodgers of Glover, Scheuermann of Stowe, Sharpe of Bristol and Sweaney of Windsor

Whereas, diseases of the heart are the nation’s leading cause of death, and stroke is the third leading cause of death, and

Whereas, cardiovascular diseases claim the lives of over 480,000 American females each year (about one death per minute), and

Whereas, each year, of the females who die, 53 percent die from cardiovascular disease as compared to 46 percent of men, and approximately 35,000 more females than males die of stroke, and

Whereas, in 2006, the estimated direct and indirect costs of cardiovascular diseases and stroke in the United States are $403.1 billion, and

Whereas, only 13 percent of women consider cardiovascular disease their greatest health risk, and

Whereas, February is designated as American Heart Month, and

Whereas, “Go Red for Women” is the American Heart Association’s national call to increase awareness of heart disease and to inspire women to take charge of their cardiovascular health, now therefore be it

Resolved by the House of Representatives:

That this legislative body designates February 2, 2007 as “Wear Red for Women Day” and be it further

Resolved:  That the clerk of the house be directed to send a copy of this resolution to Nicole M. Lukas at the Vermont American Heart Association Northeast Affiliate in Williston.

J.R.S. 12

     By Senator Shumlin,

     Joint resolution providing for a Joint Assembly for the election of a Sergeant at Arms, an Adjutant and Inspector General, and three Trustees of the University of Vermont and State Agricultural College.

Resolved by the Senate and House of Representatives:

That the two Houses meet in Joint Assembly on Thursday, February 15, 2007, at ten o'clock and thirty minutes in the forenoon to elect a Sergeant at Arms, an Adjutant and Inspector General, and three trustees of the University of Vermont and State Agricultural College.  In case election of all such officers shall not be made on that day, the two Houses shall meet in Joint Assembly at ten o'clock and thirty minutes in the forenoon, on each succeeding day, Saturdays and Sundays excepted, and proceed in such election, until all such officers are elected.

J.R.S. 13

     By Senator Shumlin,

     Joint resolution establishing a procedure for the conduct of the election of UVM trustees by plurality vote by the General Assembly in 2007.

Whereas, in 1997 the election of three trustees of the University of Vermont and State Agricultural College was decided by plurality vote, which required one ballot only, and

Whereas, in 1999 the election of three trustees of the University of Vermont and State Agricultural College was decided by majority vote, which required a total of eight ballots, and

Whereas, in 2001 and subsequent bienniums the elections of three trustees of the University of Vermont and State Agricultural College were decided by plurality vote, each of which required one ballot only, and

Whereas, if an election for multiple vacancies is to be decided by a plurality vote, then a great savings of time can be effectuated, now therefore be it

Resolved by the Senate and House of Representatives:

That, notwithstanding the current provisions of Joint Rule 10, and for this election only, the election of three trustees of the University of Vermont and State Agricultural College at a Joint Assembly to be held on February 15, 2007, shall be governed by the following procedure:

(1)  All candidates for the office of Trustee shall be voted upon and decided on the same ballot; members may vote for any number of candidates up to and including the maximum number of vacancies to be filled, which in this case shall be three.

(2)  The three candidates receiving the most votes shall be declared elected to fill the three vacancies.

(3)  In the event that the first balloting for the Trustee vacancies results in a tie vote for one or more of the three vacant positions, then voting shall continue on successive ballots until the vacancies have been filled, again by election declared of those candidates receiving the most votes.

Joint Resolution Adopted in Concurrence

J.R.S. 11

Joint resolution, entitled

Joint resolution relating to weekend adjournment;

     By Senator Shumlin,

Resolved by the Senate and House of Representatives:

That when the two Houses adjourn on Friday, February 2, 2007, it be to meet again no later than Tuesday, February 6, 2007.

Was taken up read and adopted in concurrence.

Third Reading; Resolution Passed

J.R.H. 1

Joint Resolution, entitled

Joint resolution to request Congress to ban exportation of elemental mercury;

Was taken up, read the third time and passed.

Committees Announced

     The Speaker announced the named members to committees as follows:

Legislative Committee on Administrative Rules

Rep. Marek of Newfane

Rep. Hutchinson of Randolph

Rep. Milkey of Brattleboro

Rep. Myers of Essex

 

VT Tobacco Evaluation and Review Board

Rep. French of Randolph

 

National Legislative Association on Prescription Drug Prices

Rep. Copeland-Hanzas of Bradford

Rep. Keogh of Burlington

Rep. Wheeler of Derby

 

Joint Energy Committee

Rep. Dostis of Waterbury Center

Rep. Errecart of Shelburne

Rep. Klein of East Montpelier

Rep. Morley of Orleans

 

VT State Nuclear Advisory Board

Rep. Edwards of Brattleboro

 

Joint Legislative Corrections Oversight

Rep. Emmons of Springfield

Rep. Flory of Pittsford

Rep. Heath of Westford

Rep. Lorber of Burlington

 

Legislative Oversight on Information Technology

Rep. Davis of Washington
Rep. Orr of Charlotte

Rep. Atkins of Winooski

Rep. Trombley of Grand Isle

 

Transportation Enhancement Grants

Rep. Minter of Waterbury

Rep. Corcoran of Bennington

 

Web Portal Board

Rep. Atkins of Winooski

 

Lake Champlain Quadricennial Commission

Rep. McCullough of Williston

 

Vermont State Infrastructure Bank

Rep. Audette of South Burlington

 

Public Transit Advisory Council

Rep. Audette of South Burlington

 

Outdoor Lighting Board

Rep. Spengler of Colchester

Adjournment

At three o’clock and thirty minutes in the afternoon, on motion of Rep. Adams of Hartland, the House adjourned until tomorrow at nine o’clock and thirty minutes in the forenoon.

 

 

 



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