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Journal of the House

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THURSDAY, FEBRUARY 15, 2007

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

Devotional Exercises

Devotional exercises were conducted by Speaker Gaye Symington.

Message from the Senate No. 21

     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 a joint resolution of the following title:

J.R.S. 17.  Joint resolution relating to weekend adjournment.

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. 304

     By Reps. McFaun of Barre Town, Obuchowski of Rockingham and Ojibway of Hartford,

An act relating to the Vermont Hospital Security Plan;

To the committee on Health Care.

H. 305

     By Reps. Kupersmith of S. Burlington, Bissonnette of Winooski, Botzow of Pownal, Consejo of Sheldon, Davis of Washington, Kitzmiller of Montpelier, Livingston of Manchester and Shand of Weathersfield,

An act relating to discount membership plans;

To the committee on Commerce.

H. 306

     By Reps. Kupersmith of S. Burlington, Bissonnette of Winooski, Botzow of Pownal, Davis of Washington, Kitzmiller of Montpelier, Livingston of Manchester, Marcotte of Coventry and Shand of Weathersfield,

An act relating to telemarketing;

To the committee on Commerce.

H. 307

     By Rep. Clark of Vergennes,

An act relating to a four-day school week and to an alternative school year;

To the committee on Education.

H. 308

     By Rep. Clark of Vergennes,

An act relating to charter schools;

To the committee on Education.

H. 309

     By Rep. Clark of Vergennes,

An act relating to stormwater discharges to state waters listed as impaired by sediment or nutrients;

To the committee on Fish, Wildlife and Water Resources.

H. 310

     By Reps. French of Randolph and Frank of Underhill,

An act relating to wheelchair accessibility;

To the committee on Human Services.

H. 311

     By Reps. Hosford of Waitsfield and Masland of Thetford,

An act relating to cage-free eggs;

To the committee on Agriculture.

H. 312

     By Reps. Barnard of Richmond, Donovan of Burlington, Mook of Bennington, Larson of Burlington, Browning of Arlington, Chen of Mendon, Clarkson of Woodstock, Copeland-Hanzas of Bradford, Courcelle of Rutland City, Edwards of Brattleboro, Evans of Essex, Hosford of Waitsfield, Jerman of Essex, LaVoie of Swanton, Lenes of Shelburne, Leriche of Hardwick, Miller of Shaftsbury, Mrowicki of Putney, Nuovo of Middlebury, Peltz of Woodbury, Shand of Weathersfield, Smith of Morristown and Trombley of Grand Isle,

An act relating to regional autism centers;

To the committee on Education.

H. 313

     By the committee on Judiciary,

An act relating to the administration and enforcement of fines within the judicial bureau;

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

H. 314

     By Rep. Frank of Underhill (By Request),

An act relating to Medicaid coverage for circumcisions of male children;

To the committee on Human Services.

H. 315

     By Reps. Donahue of Northfield, Baker of West Rutland, Branagan of Georgia, Brennan of Colchester, Clark of Vergennes, Devereux of Mount Holly, Donaghy of Poultney, Flory of Pittsford, Helm of Castleton, Hudson of Lyndon, Kilmartin of Newport City, McAllister of Highgate, Morrissey of Bennington and Wheeler of Derby,

An act relating to health care rights of conscience;

To the committee on Health Care.

H. 316

     By Reps. Donahue of Northfield and Pugh of South Burlington,

An act relating to nursing; practice; Vermont state hospital;

To the committee on Human Services.

H. 317

     By Rep. Flory of Pittsford,

An act relating to small claims court;

To the committee on Judiciary.

Joint Resolution Referred to Committee

J.R.H. 15

Reps. Pillsbury of Brattleboro, Zuckerman of Burlington, Aswad of Burlington, Davis of Washington, Donovan of Burlington, Edwards of Brattleboro, French of Randolph, Haas of Rochester, Hutchinson of Randolph, Leriche of Hardwick, Marek of Newfane, Masland of Thetford, McCullough of Williston, Mitchell of Barnard, Mrowicki of Putney, Nuovo of Middlebury, Pearson of Burlington, Randall of Troy, Rodgers of Glover and Sharpe of Bristol offered a joint resolution, entitled

Joint resolution requesting Congress to commence impeachment proceedings against the President of the United States;

Whereas, George W. Bush, in violation of his constitutional oath and duty to execute faithfully the office of President, and, to the best of his ability, preserve, protect, and defend the United States Constitution, has violated federal law and subverted the United States Constitution by undermining the rights and protections of our citizens and by impairing the administration of justice by:

(1)        Repeatedly and intentionally violating the Constitution and laws of the United States, particularly the Foreign Intelligence Surveillance Act (FISA), the 1949 Geneva Conventions, the Convention Against Torture (CAT), and the International Covenant on Civil and Political Rights (ICCPR), all of which are parts of the supreme law of the land under Article VI of the Constitution, and

(2)        Appending "signing statements" to legislation asserting his purported right to ignore laws as he alone sees fit, and

Whereas, George W. Bush has acted to strip Americans of their constitutional rights by ordering indefinite detention without access to legal counsel, without charge, or opportunity to appear before a judge to challenge their detention based solely on a discretionary designation by the President as "enemy combatants," all in derogation and subversion of the law, and

Whereas, on numerous occasions, George W. Bush has:

(1)  Ordered the National Security Agency (NSA) to intercept and record telephone and other communications without warrants required by FISA and the Constitution, and

(2)  Designated American citizens as "enemy combatants" in violation of due process guarantees and Presidential authority, and

Whereas, George W. Bush has abused his power by allowing, encouraging, and condoning crimes of torture, failing to prosecute senior officials responsible for torture, and refusing to accept and obey statutory bans on cruel, inhuman, or degrading treatment or punishment, and

Whereas, George W. Bush has violated his oath of office by invading Iraq illegally without just cause or reason, in contravention of his constitutional obligation that the laws be executed faithfully, and

Whereas, by making war on Iraq, based on intentionally misleading or recklessly false information, George W. Bush has committed criminal fraud against the United States and has subverted the Constitution and its guarantee of republican government and the separation of powers by undercutting the rightful authority of Congress to declare war, oversee foreign affairs, and make appropriations, and

Whereas, in all of this, George W. Bush has acted in a manner contrary to his trust as President and subversive of constitutional government, to the great prejudice of the cause of law and justice and to the manifest injury of the people of the United States, and

Whereas, George W. Bush, by such misconduct, warrants impeachment and trial and removal from office, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly finds the existence of good cause for the submission of these impeachment charges to the United States House of Representatives under Section 603 of the Manual of the Rules of the United States House of Representatives as grounds for the impeachment, trial, and removal of George W. Bush as President of the United States, and be it further

Resolved:  That the secretary of state be directed to send a copy of this resolution to the Clerk of the United States House of Representatives Committee on the Judiciary, to Representatives John Conyers and Lamar Smith, the chair and ranking member, respectively, of the Committee and to the members of the Vermont Congressional Delegation.

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

Third Reading; Bill Passed

H. 254

House bill, entitled

An act relating to the transfer of payroll functions from the Department of Human Resources to the Department of Finance and Management;

Was taken up, read the third time and passed.

Bill Read Second Time; Consideration Interrupted by Recess

H. 302

Rep. Heath of Westford spoke for the committee on Appropriations.

House bill entitled

An act relating to fiscal year 2007 budget adjustments;

Having appeared on the Calendar one day for notice, was taken up and read the second time.

Recess

Pending the question, Shall the bill be read a third time? at four o’clock in the afternoon, the Speaker declared a recess until four o’clock and twenty minutes in the afternoon.

At four o’clock and thirty minutes in the afternoon, the Speaker called the House to order.

Consideration Resumed; Third Reading Ordered

H. 302

Consideration resumed on House bill, entitled

An act relating to fiscal year 2007 budget adjustments;

Thereupon, the recurring question, Shall the bill be read a third time? was agreed to.

Bill Amended; Third Reading Ordered

H. 88

Rep. Peterson of Williston spoke for the committee on Ways and Means.

Rep. Larson of Burlington, for the committee on Appropriations, to which had been referred House bill, entitled

An act relating to education property tax rate adjustment;

Reported in favor of its passage when amended as follows:

     First:  On page 1, line 19, by striking "$1.39" and inserting in lieu thereof "$1.38" and on page 2, line 1, by striking "$0.90" and inserting in lieu thereof "$0.89"

     Second:  On page 2, line 7, by striking “2007” and inserting in lieu thereof 2008

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

Bill Read Second Time; Third Reading Ordered

H. 294

Rep. Branagan of Georgia spoke for the committee on Ways and Means.

House bill entitled

An act relating to executive fees;

Having appeared on the Calendar one day for notice, was taken up, read the second time and third reading ordered.

Bill Amended; Third Reading Ordered

H. 157

Rep. Moran of Wardsboro, for the committee on General, Housing and Military Affairs, to which had been referred House bill, entitled

An act relating to home-fermented beverage competitions;

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

Sec. 1.  7 V.S.A. § 65 is amended to read:

§ 65.  HOME‑FERMENTED MALT AND VINOUS BEVERAGES;

          TASTING EVENT

(a)  A person of legal age may, without obtaining a license under this title or paying state taxes or fees, produce malt or vinous beverages, or both, at home provided that the amount of home‑fermented beverages produced by that person does not exceed the quantities limitation in 26 U.S.C. §§ 5053 and 5042.

(b)  Home‑fermented beverages produced pursuant to this section may be transported to and offered for tasting at an organized event, exhibition, or competition held for home‑fermented beverages, provided all the following conditions are met:

(1)  The sponsor provides written notice of the event to the department no later than 10 days prior to the date of the event.  The notice shall include a description of the delineated area in which the tastings will be offered, and in the case of a competition, the names of the judges hired by the sponsor.

(2)  The public is not charged a fee for the tastings or for admission to the event, exhibition or competition.  However, the sponsor may charge a fee to the producers of home‑fermented beverages for their participation in the event.

(3)  Tastings of home‑fermented beverages are offered only within the delineated area specified in the notice to the department.

(4)  The No home‑fermented beverages are served only to individuals of legal age may be sold or offered for sale to the public, and all unused home‑fermented beverages shall be disposed of by the permit holder.

(5)  No home‑fermented beverages are served to any individual who is apparently under the influence of alcohol  The event will be conducted in compliance with all the requirements of this title.

(6)  No more than two ounces of any single vinous beverage and no more than four ounces of any single malt beverage is provided to any individual for tasting.

(7)   The sponsor has provided an individual who has successfully completed the department’s enforcement seminar within the preceding three years to be present at all times to monitor the event and ensure compliance with applicable rules and provisions of this chapter.

* * *

Sec. 2.  7 V.S.A. § 225 is amended to read:

§ 225.  EDUCATIONAL SAMPLING EVENT PERMIT

(a)  The liquor control board may grant an educational sampling event permit to a person to conduct an event that is open to the public and at which malt, vinous, or spirituous liquors or all three are served only for the purposes of marketing and educational sampling, provided the event is also approved by the local licensing authority.  Attendees at the educational sampling event shall be required to pay an entry fee of no less than $5.00.  At least 15 days prior to the event, an applicant shall submit an application to the department in a form required by the department.  The application shall include a list of the alcoholic beverages to be acquired for sampling at the event, and the application shall be accompanied by a fee in the amount required pursuant to section 231 of this title.  No more than four educational sampling event permits shall be issued annually to the same person.  An educational sampling event permit shall be valid for no more than four consecutive days.  The permit holder shall assure all the following:

(1)  Attendees at the educational sampling event shall be required to pay an entry fee of no less than $5.00. 

(2)  Beverages for sampling shall be offered in glasses that contain no more than two ounces of beverage.

(3)  The event will be conducted in compliance with all the requirements of this title.

(b)  An educational sampling event permit holder:

* * *

(3)  Shall be subject to the requirements of this title.

* * *

Sec. 3.  EFFECTIVE DATE

This act shall take effect on passage.

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

Favorable Report; Third Reading Ordered

H. 128

Rep. Evans of Essex, for the committee on Government Operations, to which had been referred House bill, entitled

An act relating to approval of an amendment to the charter of the town of Bradford;

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.

Bill Read Second Time; Third Reading Ordered

H. 131

Rep. Clark of St. Johnsbury spoke for the committee on Government Operations.

House bill entitled

An act relating to approval of an amendment to the charter of the village of North Troy;

Having appeared on the Calendar one day for notice, was taken up, read the second time and third reading ordered.

 

 

Bill Amended; Third Reading Ordered

H. 137

Rep. Devereux of Mount Holly, for the committee on Government Operations, to which had been referred House bill, entitled

An act relating to the restoration of a Department of Mental Health and a Commissioner of Mental Health;

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

First:  By adding a new Sec. 1 to read:

Sec. 1.  FINDINGS; PURPOSE

(a)  The general assembly finds that there is a need for a separate department of mental health to improve the consideration of mental health issues, for direct access to mental health services, and for advocacy on mental health issues by the executive branch before the general assembly.

(b)  By this act, the general assembly intends that the department of health and the department of mental health continue the coordination and integration of their respective duties.

and by redesignating the existing Sec. 1 as Sec. 1a 

Second:  By striking Sec. 13 in its entirety and inserting in lieu thereof a new Sec. 13 to read:

Sec. 13.  18 V.S.A. § 7207 is added to read:

§ 7207.  COMMISSIONER OF MENTAL HEALTH; APPOINTMENT; QUALIFICATIONS

The secretary shall appoint a commissioner of mental health, as provided in 3 V.S.A. § 3051, who shall be a mental health care professional who has had educational and practical experience in the field of mental health.

Third:  By adding a new Sec. 23 to read:

Sec. 23.  REPORT

On or before January 15, 2008, the secretary of human services, the commissioner of health, and the commissioner of mental health shall jointly report to the general assembly.  The report shall describe the relationship between the commissioner of health and commissioner of mental health and shall evaluate how effectively they and their respective departments cooperate and how effectively the departments have complied with the intent of this act.

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

Action on Bill Postponed

H. 274

House bill, entitled

An act relating to adult foster care;

Was taken up and pending the reading of the report of the committee on Human Services, on motion of Rep. Mrowicki of Putney, action on the bill was postponed until Tuesday, February 20, 2007.

Adjournment

At six o’clock in the evening, on motion of Rep. Komline of Dorset, the House adjourned until tomorrow at nine o’clock and thirty minutes in the forenoon.

 

 

 



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