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Journal of the House

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FRIDAY, FEBRUARY 2, 2007

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 Paul Hoffman of the United Methodist Parish, Northfield.

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 as follows:

H. 214

     By Reps. Sunderland of Rutland Town, Baker of West Rutland, Canfield of Fair Haven, Devereux of Mount Holly and Donaghy of Poultney,

An act relating to purchase of health insurance from other state markets;

To the committee on Health Care.

H. 215

By Reps. Ancel of Calais, Chen of Mendon and Hosford of Waitsfield,

An act relating to prohibiting minors from using tanning booths;

To the committee on Human Services.

H. 216

By Reps. Jewett of Ripton and Sharpe of Bristol,

An act relating to Agency of Transportation reporting and notification on project cost overruns;

To the committee on Transportation.

H. 217

By Reps. Emmons of Springfield, Johnson of Canaan, Martin of Springfield, Pellett of Chester and Shand of Weathersfield,

An act relating to definition of poultry product;

To the committee on Agriculture.

H. 218

     By Reps. Jewett of Ripton, Bray of New Haven, Clark of Vergennes, Donovan of Burlington, Fisher of Lincoln, Malcolm of Pawlet, Nuovo of Middlebury, Orr of Charlotte, Pearson of Burlington, Sharpe of Bristol and Stevens of Shoreham,

An act relating to establishing fine particulate matter ambient air quality standards with an adequate margin of safety for public health;

To the committee on Human Services.

H. 219

By Rep. Deen of Westminster,

An act relating to wetlands conservation;

To the committee on Fish, Wildlife and Water Resources.

H. 220

By Rep. Donahue of Northfield,

An act relating to labeling of compact fluorescent bulbs containing mercury;

To the committee on Fish, Wildlife and Water Resources.

H. 221

By Rep. Ainsworth of Royalton

An act relating to procedures involving medical malpractice actions;

To the committee on Judiciary.

H. 222

     By Reps. Canfield of Fair Haven, Helm of Castleton, Acinapura of Brandon, Branagan of Georgia, Brennan of Colchester, Clark of Vergennes, Fitzgerald of St. Albans City, Flory of Pittsford, Koch of Barre Town, LaVoie of Swanton, Oxholm of Vergennes and Winters of Williamstown,

An act relating to property tax valuation of subsidized housing;

To the committee on Ways and Means.

 

H. 223

By Reps. Martin of Springfield, Emmons of Springfield and Shand of Weathersfield (by request),

An act relating to requiring wearing of blaze orange during regular deer season;

To the committee on Fish, Wildlife and Water Resources.

Bill Referred to Committee on Ways and Means

H. 213

     House bill, entitled

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

     Appearing on the Calendar, affecting the revenue of the state, under the rule, was referred to the committee on Ways and Means.

House Resolution Amended and Adopted

H.R. 8

House resolution, entitled

House resolution relating to House Rules;

Was taken up and pending the question,  Shall the House adopt the resolution? Rep. Deen of Westminster moved to amend the resolution as follows:

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

     That House Rule 70 be amended to read as follows:

     Explanations of votes will be allowed only after the roll call is complete and immediately before the result thereof is announced.  Explanations shall be submitted immediately to the Clerk in writing.  It is generally recommended that vote explanations should be infrequent and brief. 

Pending the question, Shall the House amend the resolution as recommended by Rep. Deen of Westminster? Rep. Kilmartin of Newport 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 House amend the resolution as recommended by Rep. Deen of Westminster?  was decided in the affirmative.  Yeas, 129.  Nays, 14.

 

Those who voted in the affirmative are:


Acinapura of Brandon

Adams of Hartland

Allard of St. Albans Town

Ancel of Calais

Andrews of Rutland City

Aswad of Burlington

Atkins of Winooski

Audette of S. Burlington

Barnard of Richmond

Bissonnette of Winooski

Bostic of St. Johnsbury

Botzow of Pownal

Branagan of Georgia

Bray of New Haven

Brennan of Colchester

Brooks of Montpelier

Browning of Arlington

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

Emmons of Springfield

Errecart of Shelburne

Evans of Essex

Fisher of Lincoln

Fitzgerald of St. Albans City

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

Howrigan of Fairfield

Hudson of Lyndon

Hunt of Essex

Hutchinson of Randolph

Jewett of Ripton

Johnson of South Hero

Keogh of Burlington

Kitzmiller of Montpelier

Klein of East Montpelier

Koch of Barre Town

Komline of Dorset

Krawczyk of Bennington

Kupersmith of S. Burlington

Larocque of Barnet

Larson of Burlington

LaVoie of Swanton

Lawrence of Lyndon

Lenes of Shelburne

Leriche of Hardwick

Lippert of Hinesburg

Livingston of Manchester

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

McAllister of Highgate

McCormack of Rutland City

McCullough of Williston

McDonald of Berlin

McFaun of Barre Town

Milkey of Brattleboro

Miller of Shaftsbury

Minter of Waterbury

Mitchell of Barnard

Monti of Barre City

Mook of Bennington

Moran of Wardsboro

Morley of Barton

Mrowicki of Putney

Myers of Essex

Nease of Johnson

Nuovo of Middlebury

Obuchowski of Rockingham

O'Donnell of Vernon

Ojibway of Hartford

Otterman of Topsham

Oxholm of Vergennes

Partridge of Windham

Pearson of Burlington

Peaslee of Guildhall

Pellett of Chester

Peltz of Woodbury

Perry of Richford

Peterson of Williston

Pillsbury of Brattleboro

Potter of Clarendon

Randall of Troy

Rodgers of Glover

Scheuermann of Stowe

Shand of Weathersfield

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

Westman of Cambridge

Weston of Burlington

Wheeler of Derby

Winters of Williamstown

Wright of Burlington

Zenie of Colchester

Zuckerman of Burlington


Those who voted in the negative are:


Ainsworth of Royalton

Canfield of Fair Haven

Clark of St. Johnsbury

Donovan of Burlington

Fallar of Tinmouth

Hube of Londonderry

Jerman of Essex

Johnson of Canaan

Keenan of St. Albans City

Kilmartin of Newport City

Larrabee of Danville

Lorber of Burlington

Pugh of S. Burlington

Valliere of Barre City


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


Baker of West Rutland

Edwards of Brattleboro

Flory of Pittsford

Grad of Moretown

Morrissey of Bennington

Orr of Charlotte


 

     Rep. Hube of Londonderry explained his vote as follows:

“Madam Speaker:

     In eight years I have been serving the people.  I am appalled that we are wasting the tax payers time when we have so much to do for the people of this state.”

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

“Madam Speaker:

     I do not need advice as to the exercise of my Constitutional right and duty to explain my reasons for a recorded vote.  Neither will I affront or insult my fellow Representatives in recommending how frequently or to what extent they exercise their individual right of recording their reasons for their vote.  To do so is an insult to the Constitution and the citizens of Vermont from whom we derive our power and authority.”

Pending the question, Shall the resolution be adopted?  Rep. Pillsbury of Brattleboro 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 resolution be adopted?  was decided in the affirmative.  Yeas, 125.  Nays, 19.

Those who voted in the affirmative are:


Acinapura of Brandon

Adams of Hartland

Ancel of Calais

Andrews of Rutland City

Aswad of Burlington

Atkins of Winooski

Audette of S. Burlington

Barnard of Richmond

Bissonnette of Winooski

Bostic of St. Johnsbury

Botzow of Pownal

Branagan of Georgia

Bray of New Haven

Brennan of Colchester

Brooks of Montpelier

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

Deen of Westminster

Devereux of Mount Holly

Donaghy of Poultney

Donahue of Northfield

Dostis of Waterbury

Emmons of Springfield

Errecart of Shelburne

Evans of Essex

Fallar of Tinmouth

Fisher of Lincoln

Fitzgerald of St. Albans City

Frank of Underhill

French of Randolph

Gervais of Enosburg

Gilbert of Fairfax

Godin of Milton

Grad of Moretown

Haas of Rochester

Head of S. Burlington

Heath of Westford

Helm of Castleton

Hosford of Waitsfield

Howard of Rutland City

Howrigan of Fairfield

Hudson of Lyndon

Hunt of Essex

Hutchinson of Randolph

Jewett of Ripton

Johnson of South Hero

Keogh of Burlington

Kitzmiller of Montpelier

Klein of East Montpelier

Koch of Barre Town

Komline of Dorset

Krawczyk of Bennington

Kupersmith of S. Burlington

Larocque of Barnet

Larson of Burlington

LaVoie of Swanton

Lawrence of Lyndon

Lenes of Shelburne

Leriche of Hardwick

Lippert of Hinesburg

Livingston of Manchester

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

Milkey of Brattleboro

Miller of Shaftsbury

Minter of Waterbury

Mitchell of Barnard

Monti of Barre City

Mook of Bennington

Moran of Wardsboro

Morley of Barton

Mrowicki of Putney

Myers of Essex

Nease of Johnson

Nuovo of Middlebury

Obuchowski of Rockingham

O'Donnell of Vernon

Ojibway of Hartford

Otterman of Topsham

Oxholm of Vergennes

Partridge of Windham

Peaslee of Guildhall

Pellett of Chester

Peltz of Woodbury

Perry of Richford

Peterson of Williston

Potter of Clarendon

Randall of Troy

Rodgers of Glover

Scheuermann of Stowe

Shand of Weathersfield

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

Westman of Cambridge

Wheeler of Derby

Winters of Williamstown

Wright of Burlington

Zenie of Colchester


Those who voted in the negative are:


Ainsworth of Royalton

Allard of St. Albans Town

Clark of St. Johnsbury

Davis of Washington

Donovan of Burlington

Hube of Londonderry

Jerman of Essex

Johnson of Canaan

Keenan of St. Albans City

Kilmartin of Newport City

Larrabee of Danville

Lorber of Burlington

McAllister of Highgate

Pearson of Burlington

Pillsbury of Brattleboro

Pugh of S. Burlington

Valliere of Barre City

Weston of Burlington

Zuckerman of Burlington


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


Baker of West Rutland

Edwards of Brattleboro

Flory of Pittsford

Morrissey of Bennington

Orr of Charlotte


House Resolution Adopted

H.R. 9

House resolution, entitled

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

Was taken up and adopted.

Joint Resolutions Adopted

Joint resolutions of the following titles were severally taken up and adopted on the part of the House;

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.

Message from the Senate No. 17

     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 Senate concurrent resolutions of the following titles:

     S.C.R. 3.  Senate concurrent resolution congratulating the Vermont Mountaineers on winning the 2006 New England College Baseball League championship.

     S.C.R. 4.  Senate concurrent resolution in memory of former United States Bankruptcy Judge Charles J. Marro.

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

     H.C.R. 24.  House concurrent resolution congratulating Zelia Parizo on her 100th birthday.

     H.C.R. 25.  House concurrent resolution congratulating Edwin Telfer Mook on his 100th birthday.

     H.C.R. 26.  House concurrent resolution honoring Dr. Mildred “Mimi” Reardon.

     H.C.R. 27.  House concurrent resolution welcoming the Vermont Frost Heaves to the Green Mountain State.

     H.C.R. 28.  House concurrent resolution congratulating Mayo HealthCare in Northfield.

     H.C.R. 29.  House concurrent resolution recognizing the law enforcement leadership and community service of former Brattleboro Police Chief and Windham County Sheriff Richard Guthrie.

     H.C.R. 30.  House concurrent resolution commemorating the life of 19th-century American journalist, political activist, social critic Horace Greeley.

     H.C.R. 31.  House concurrent resolution congratulating Verna May (Long) Evarts on her 100th birthday.

Adjournment

At ten o’clock  and forty minutes in the forenoon, on motion of Rep. Adams of Hartland, the House adjourned until Tuesday, Tuesday, February 6, 2007, at ten o’clock in the forenoon, pursuant to the provisions of J.R.S. 11.

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. 24

House concurrent resolution congratulating Zelia Parizo on her 100th birthday

H.C.R.  25

House concurrent resolution congratulating Edwin Telfer Mook on his 100th birthday

H.C.R.  26

House concurrent resolution honoring Dr. Mildred “Mimi” Reardon

H.C.R.  27

House concurrent resolution welcoming the Vermont Frost Heaves to the Green Mountain State

H.C.R.  28

House concurrent resolution congratulating Mayo HealthCare in Northfield

H.C.R.  29

House concurrent resolution recognizing the law enforcement leadership and community service of former Brattleboro Police Chief and Windham County Sheriff Richard Guthrie

 

 

H.C.R. 30

House concurrent resolution commemorating the life of 19th-century American journalist, political activist, social critic Horace Greeley

H.C.R. 31

House concurrent resolution congratulating Verna May (Long) Evarts on her 100th birthday

S.C.R. 3

  Senate concurrent resolution congratulating the Vermont Mountaineers on winning the 2006 New England College Baseball League championship.

S.C.R. 4

  Senate concurrent resolution in memory of former United States Bankruptcy Judge Charles J. Marro.

     [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 2007, sixty-ninth  Adjourned session]

 



Published by:

The Vermont General Assembly
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Montpelier, Vermont


www.leg.state.vt.us