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Journal of the House

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TUESDAY, FEBRUARY 6, 2007

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

Devotional Exercises

Devotional exercises were conducted by Reverend David Hall of Christ Church, Montpelier.

Pledge of Allegiance

Page Julia Moore-Stitely of East Calais led the House in the Pledge of Allegiance.

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. 224

By Rep. Chen of Mendon,

An act relating to an expansion of public high school choice;

To the committee on Education.

H. 225

By Reps. Dostis of Waterbury and Errecart of Shelburne,

An act relating to increasing access to renewable resources;

To the committee on Natural Resources and Energy.

H. 226

By Reps. Chen of Mendon and Keenan of St. Albans City,

An act relating to organ and tissue donations;

To the committee on Human Services.

H. 227

By Reps. Chen of Mendon and McFaun of Barre Town,

An act relating to screening panels for medical injury claims;

To the committee on Judiciary.

H. 228

     By Reps. Lippert of Hinesburg, Lorber of Burlington, Ancel of Calais, Aswad of Burlington, Atkins of Winooski, Audette of S. Burlington, Bissonnette of Winooski, Botzow of Pownal, Branagan of Georgia, Bray of New Haven, Chen of Mendon, Cheney of Norwich, Clarkson of Woodstock, Condon of Colchester, Copeland-Hanzas of Bradford, Davis of Washington, Deen of Westminster, Donahue of Northfield, Donovan of Burlington, Dostis of Waterbury, Emmons of Springfield, Evans of Essex, Fisher of Lincoln, Frank of Underhill, French of Randolph, Gervais of Enosburg, Grad of Moretown, Haas of Rochester, Head of S. Burlington, Heath of Westford, Hosford of Waitsfield, Howard of Rutland City, Hunt of Essex, Jerman of Essex, Jewett of Ripton, Johnson of South Hero, Keogh of Burlington, Kitzmiller of Montpelier, Klein of East Montpelier, Kupersmith of S. Burlington, Larson of Burlington, Lenes of Shelburne, Leriche of Hardwick, Livingston of Manchester, Maier of Middlebury, Malcolm of Pawlet, Manwaring of Wilmington, Marek of Newfane, Martin of Springfield, McCullough of Williston, Milkey of Brattleboro, Miller of Shaftsbury, Minter of Waterbury, Mitchell of Barnard, Moran of Wardsboro, Mrowicki of Putney, Nease of Johnson, Nuovo of Middlebury, Obuchowski of Rockingham, O'Donnell of Vernon, Ojibway of Hartford, Orr of Charlotte, Pearson of Burlington, Pellett of Chester, Peltz of Woodbury, Peterson of Williston, Pillsbury of Brattleboro, Potter of Clarendon, Pugh of S. Burlington, Randall of Troy, Shand of Weathersfield, Sharpe of Bristol, Spengler of Colchester, Sweaney of Windsor, Trombley of Grand Isle, Weston of Burlington, Zenie of Colchester and Zuckerman of Burlington,

An act relating to prohibiting discrimination on the basis of gender identity;

To the committee on Judiciary.

H. 229

By the committee on Health Care,

An act relating to corrections and clarifications to the health care affordability act of 2006 and related legislation;

Under the rule, placed on the Calendar for notice tomorrow.

 

 

H. 230

     By Reps. Fisher of Lincoln, Donahue of Northfield, Frank of Underhill, French of Randolph, Haas of Rochester, Nuovo of Middlebury, Pearson of Burlington and Pugh of S. Burlington,

An act relating to legislative appointments to the human rights commission;

To the committee on Government Operations.

H. 231

     By Reps. Zenie of Colchester, Audette of S. Burlington, Bray of New Haven, Clerkin of Hartford, Consejo of Sheldon, Courcelle of Rutland City, Evans of Essex, Fitzgerald of St. Albans City, Gilbert of Fairfax, Manwaring of Wilmington, Marek of Newfane, Martin of Springfield, McCormack of Rutland City, McCullough of Williston, Mrowicki of Putney, Peltz of Woodbury, Randall of Troy, Shaw of Derby, Stevens of Shoreham and Wheeler of Derby,

     An act relating to synchronized traffic signal systems on state highways;

     To the committee on Transportation.

H. 232

     By Reps. Wright of Burlington, McAllister of Highgate, Komline of Dorset and O’Donnell of Vernon,

     An act relating to the requirement of mandatory binding arbitration and the elimination of strikes and imposed contracts in connection with teacher contracts;

     To the committee on Education.

H. 233

     By Reps. Minter of Waterbury and Dostis of Waterbury (by request),

     An act relating to prohibiting the discharge of a firearm within 300 feet of a residential dwelling;

     To the committee on Fish, Wildlife and Water Resources.

H. 234

     By Reps. Maier of Middlebury, Clarkson of Woodstock, Edwards of Brattleboro, Jewett of Ripton, Klein of East Montpelier, Masland of Thetford, Nuovo of Middlebury, Pellett of Chester and Sharpe of Bristol,

     An act relating to establishing a universal energy efficiency program and increasing incentives and requirements for the construction or retrofitting of homes;

     To the committee on Natural Resources and Energy.

H. 235

     By Reps. Donahue of Northfield, Andrews of Rutland City, Errecart of Shelburne, Koch of Barre Town, McAllister of Highgate, Milkey of Brattleboro and Pugh of S. Burlington,

     An act relating to the administration of court-ordered forensic evaluations of criminal defendants who assert insanity as a defense to criminal charges;

     To the committee on  Judiciary.

H. 236

     By Reps. Wright of Burlington, Ainsworth of Royalton, Allard of St. Albans Town, Atkins of Winooski, Baker of West Rutland, Barnard of Richmond, Bissonnette of Winooski, Branagan of Georgia, Brennan of Colchester, Canfield of Fair Haven, Clark of Vergennes, Condon of Colchester, Devereux of Mount Holly, Donaghy of Poultney, Donahue of Northfield, Errecart of Shelburne, Flory of Pittsford, Howrigan of Fairfield, Hube of Londonderry, Johnson of Canaan, Kilmartin of Newport City, Komline of Dorset, Krawczyk of Bennington, Larocque of Barnet, Lawrence of Lyndon, Marcotte of Coventry, McAllister of Highgate, McDonald of Berlin, Morley of Barton, Morrissey of Bennington, Myers of Essex, O'Donnell of Vernon, Oxholm of Vergennes, Peaslee of Guildhall, Pillsbury of Brattleboro, Scheuermann of Stowe, Shaw of Derby, Sunderland of Rutland Town, Turner of Milton, Valliere of Barre City and Winters of Williamstown,

     An act relating to voting procedures for judicial retention;

     To the committee on Judiciary.

H. 237

     By Rep. Milkey of Brattleboro,

     An act relating to used motor vehicle arbitration;

     To the committee on Transportation.

H. 238

     By Reps. Rodgers of Glover, Bostic of St. Johnsbury and Hube of Londonderry,

     An act relating to taxation of open land at current use value;

     To the committee on Ways and Means.

H. 239

     By Reps. Rodgers of Glover, Bostic of St. Johnsbury, Hube of Londonderry, Johnson of South Hero, Larocque of Barnet and Smith of Morristown,

     An act relating to income sensitivity on the homestead;

     To the committee on Ways and Means.

H. 240

     By Reps. Rodgers of Glover, Larocque of Barnet, Morley of Barton and Myers of Essex,

     An act relating to repeal of property tax exemptions;

     To the committee on Ways and Means.

H. 241

     By Reps. Rodgers of Glover and Bostic of St. Johnsbury,

     An act relating to use value program for buildings only;

     To the committee on Ways and Means.

H. 242

     By Rep. Howrigan of Fairfield,

     An act relating to exclusion of veterans’ benefits from property tax adjustment calculation;

     To the committee on Ways and Means.

H. 243

     By Reps. Botzow of Pownal, Branagan of Georgia, Deen of Westminster, Emmons of Springfield, Jewett of Ripton, Krawczyk of Bennington, Livingston of Manchester, Martin of Springfield, Miller of Shaftsbury, Mrowicki of Putney, O'Donnell of Vernon, Pillsbury of Brattleboro and Shand of Weathersfield,

     An act relating to sales tax exemption for beer;

     To the committee on Ways and Means.

H. 244

     By Reps. Botzow of Pownal, Corcoran of Bennington, Deen of Westminster, Emmons of Springfield, Jewett of Ripton, Krawczyk of Bennington, Martin of Springfield, Miller of Shaftsbury, Mrowicki of Putney, O'Donnell of Vernon, Pellett of Chester, Pillsbury of Brattleboro and Sweaney of Windsor,

     An act relating to withdrawal from streamlined sales and use tax agreement;

     To the committee on Ways and Means.

H. 245

     By Reps. Dostis of Waterbury, Cheney of Norwich and Mitchell of Barnard,

     An act relating to income tax exemption for foreign service income;

     To the committee on Ways and Means.

H. 246

     By Reps. Fisher of Lincoln, Copeland-Hanzas of Bradford, Donahue of Northfield, Haas of Rochester, Masland of Thetford, Mrowicki of Putney, Orr of Charlotte, Pugh of S. Burlington and Sharpe of Bristol,

     An act relating to residential net metering system tax credit;

     To the committee on Natural Resources and Energy.

H. 247

     By Reps. Gilbert of Fairfax, Barnard of Richmond, Clark of Vergennes, Consejo of Sheldon, Courcelle of Rutland City, Fitzgerald of St. Albans City, French of Randolph, Godin of Milton, Mrowicki of Putney, Turner of Milton and Zenie of Colchester,

     An act relating to household income exclusion for student income;

     To the committee on Ways and Means.

Joint Resolution Referred to Committee

J.R.H. 13

Reps. Johnson of South Hero, Randall of Troy and Brennan of Colchester offered a joint resolution, entitled

Joint resolution supporting the importance of fishing in Lake Champlain and the urgency of eliminating sea lampreys and cormorants from the lake;

Whereas, sea lampreys pose a grave threat to the integrity of Lake Champlain and its fishing industry, and

Whereas, despite the department of fish and wildlife’s best efforts to eliminate sea lampreys from the lake, the threat they now pose has risen to an emergency situation, and

Whereas, the department continues to treat infested tributaries at the maximum legally allowable rate, but the lampreys’ hit rate on fish remains higher than expected, and

Whereas, similarly, the double crested cormorant population is a serious threat to the health of the islands and shoreline of the lake, and

Whereas, the density of these birds and their nesting habitats have deforested certain of the lake’s islands in their entirety, and

Whereas, the cormorants’ waste stream presents a significant phosphate loading problem into the lake, and it may even carry the viral infection known as VHS which is the most dangerous infectious disease threat confronting fish species in the entire Lake Champlain basin, and

Whereas, VHS is already infecting lakes in western New York state, and it is urgent to prevent any VHS infection in Lake Champlain, and

Whereas, threats to Lake Champlain, and its fishing industry, are direct threats to the Vermont economic engine that must be fought to the greatest degree possible, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly recognizes the grave threat that sea lampreys and double crested cormorants pose to the Lake Champlain fishing industry and to the economy of the state of Vermont, and be it further

Resolved:  That the general assembly urges the agency of natural resources and the department of fish and wildlife to proceed with the greatest possible effort to eliminate any and all threats of sea lampreys and double crested cormorants

Resolved:  That the secretary of state be directed to send a copy of this resolution to George Crombie, secretary of the agency of natural resources, to Brad Wright, clean and clear specialist at the agency, and to Wayne Laroche, commissioner of fish and wildlife.                 

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

Bill Amended; Third Reading Ordered

H. 113

Rep. Andrews of Rutland City, for the committee on Human Services, to which had been referred House bill, entitled

An act relating to all-age access for tobacco cessation programs;

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

Sec. 1.  18 V.S.A. § 9503(b) is amended to read:

§ 9503.   VERMONT TOBACCO PREVENTION AND TREATMENT PROGRAM

* * *

(b)  By June 1, 2001, the department and the board shall jointly establish a plan that includes goals for each program component listed in subsection (a) of this section, for reducing adult and youth smoking rates by 50 percent in the following 10 years.  By June 1 of each year, the department and the board shall jointly establish goals for reducing adult and youth smoking rates in the following two years, including goals for each program component listed in subsection (a) of this section.  The services provided by Quitline shall be offered and made available to any minor, upon his or her consent, who is a smoker or user of tobacco products as defined in section 1001 of Title 7.  

The bill, having appeared on the Calendar one day for notice, was taken up, read the second time, report of the committee on Human Services agreed to and third reading ordered.

Favorable Report; Third Reading Ordered

S. 32

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

An act relating to appointments and terms for energy coordinators;

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. 2

Rep. Sweaney of Windsor, for the committee on Government Operations, to which had been referred joint resolution, entitled

Joint resolution related to the adoption of the federal REAL ID Act;

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.

 

 

Adjournment

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

 

 

 



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