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Journal of the House

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FRIDAY, FEBRUARY 16, 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 Janet Bishop of Life in Christ Fellowship, Newport.

Memorial Service

The Speaker placed before the House the following name of a member of past sessions of the Vermont General Assembly who had passed away recently:

Fletcher B. Joslin of Waitsfield                Sessions of 1941 and 1942

Served as Assistant Clerk and Clerk of the House from 1943-1953

Thereupon, the members of the House rose for a moment of prayer in memory of the deceased member.  The Clerk was thereupon directed to send a copy of the House Journal to the bereaved family.

House Bills Introduced

House bills of the following titles were severally introduced, read the first time and referred as follows:

H. 318

By Reps. Donahue of Northfield, Andrews of Rutland City, French of Randolph and Haas of Rochester,

An act relating to inclusion of high school students with disabilities in graduation and other high school activities and ceremonies;

To the committee on Education.

H. 319

By Reps. Trombley of Grand Isle, Fitzgerald of St. Albans City and Gilbert of Fairfax,

An act relating to centralized purchasing of programs and textbooks;

To the committee on Education.

H. 320

By Reps. Clark of Vergennes and Jewett of Ripton,

An act relating to penalties for the removal of government-issued signs;

To the committee on Judiciary.

Joint Resolution Adopted in Concurrence

J.R.S. 17

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 16, 2007, it be to meet again no later than Tuesday, February 20, 2007.

Was taken up read and adopted in concurrence.

Third Reading; Bills Passed

House bills of the following titles were severally taken up, read the third time and passed:

H. 128

House bill, entitled

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

H. 131

House bill, entitled

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

H. 137

House bill, entitled

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

H. 157

House bill, entitled

An act relating to home-fermented beverage competitions.

Recess

At ten o’clock and ten minutes in the forenoon, the Speaker declared a recess until the fall of the gavel.

At eleven o’clock and twenty minutes in the forenoon, the Speaker called the House to order.

Third Reading; Bill Passed

H. 302

House bill, entitled

An act relating to fiscal year 2007 budget adjustments;

Was taken up, and pending third reading of the bill Rep. Hube of Londonderry moved to amend the bill as follows:

     First:  by adding Secs. 114 and 115 to read:

Sec. 114.  GENERAL FUND TRANSFER TO EDUCATION FUND

     There is appropriated and transferred from the general fund to the education fund in fiscal year 2007 the sum of $7,064,000.00.

Sec. 115.  INDEPENDENT AUDIT OF GENERAL FUND TRANSFER TO EDUCATION FUND

     The State Auditor of Accounts shall conduct an independent audit of the general fund and the education fund as necessary to determine the amount of money, if any, which the general fund is obligated to transfer to the education fund under 16 V.S.A. § 4025(a)(2) for fiscal years 2006 and 2007, and the Auditor shall report to the general assembly by April 2, 2007, his findings and the basis therefore.

     Second: On page 49, by striking line 11, and in line 13, by striking “(4) fourth” and by inserting in lieu thereof the following: “(3) third”.

Thereupon, Rep. Hube of Londonderry asked and was granted leave of the House to withdraw Sec. 115 of the first recommendation of amendment.

Pending the question, Shall the House amend the bill as recommended by Rep. Hube of Londonderry? Rep. Hube of Londonderry 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 bill as recommended by Rep. Hube of Londonderry?  was decided in the negative.  Yeas, 38.  Nays, 100.

Those who voted in the affirmative are:


Adams of Hartland

Ainsworth of Royalton

Allard of St. Albans Town

Baker of West Rutland

Canfield of Fair Haven

Clark of St. Johnsbury

Clark of Vergennes

Clerkin of Hartford

Devereux of Mount Holly

Donaghy of Poultney

Donahue of Northfield

Errecart of Shelburne

Flory of Pittsford

Hube of Londonderry

Hudson of Lyndon

Kilmartin of Newport City

Koch of Barre Town

Komline of Dorset

Larocque of Barnet

Larrabee of Danville

Lawrence of Lyndon

Livingston of Manchester

Marcotte of Coventry

McDonald of Berlin

McFaun of Barre Town

Morrissey of Bennington

Myers of Essex

O'Donnell of Vernon

Oxholm of Vergennes

Peaslee of Guildhall

Scheuermann of Stowe

Shaw of Derby

Sunderland of Rutland Town

Turner of Milton

Valliere of Barre City

Westman of Cambridge

Wheeler of Derby

Wright of Burlington


Those who voted in the negative are:


Acinapura of Brandon

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

Brooks of Montpelier

Browning of Arlington

Chen of Mendon

Cheney of Norwich

Clarkson of Woodstock

Condon of Colchester

Consejo of Sheldon

Copeland-Hanzas of Bradford

Corcoran of Bennington

Courcelle of Rutland City

Davis of Washington

Deen of Westminster

Donovan of Burlington

Dostis of Waterbury

Edwards of Brattleboro

Emmons of Springfield

Fallar of Tinmouth

Fisher of Lincoln

Fitzgerald of St. Albans City

Frank of Underhill

French of Randolph

Gervais of Enosburg

Gilbert of Fairfax

Grad of Moretown

Haas of Rochester

Head of S. Burlington

Helm of Castleton

Hosford of Waitsfield

Howard of Rutland City

Howrigan of Fairfield

Hunt of Essex

Hutchinson of Randolph

Jerman of Essex

Jewett of Ripton

Johnson of South Hero

Keenan of St. Albans City

Keogh of Burlington

Kitzmiller of Montpelier

Klein of East Montpelier

Kupersmith of S. Burlington

Larson of Burlington

Lenes of Shelburne

Leriche of Hardwick

Lippert of Hinesburg

Maier of Middlebury

Malcolm of Pawlet

Manwaring of Wilmington

Marek of Newfane

Martin, C. of Springfield

Martin of Wolcott

Masland of Thetford

McCormack of Rutland City

McCullough of Williston

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

Nease of Johnson

Nuovo of Middlebury

Obuchowski of Rockingham

Ojibway of Hartford

Orr of Charlotte

Otterman of Topsham

Partridge of Windham

Pearson of Burlington

Pellett of Chester

Peltz of Woodbury

Perry of Richford

Peterson of Williston

Potter of Clarendon

Pugh of S. Burlington

Randall of Troy

Rodgers of Glover

Shand of Weathersfield

Sharpe of Bristol

Smith of Morristown

Spengler of Colchester

Stevens of Shoreham

Sweaney of Windsor

Trombley of Grand Isle

Weston of Burlington

Winters of Williamstown

Zenie of Colchester


 

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


Brennan of Colchester

Evans of Essex

Godin of Milton

Heath of Westford

Johnson of Canaan

Krawczyk of Bennington

LaVoie of Swanton

Lorber of Burlington

McAllister of Highgate

Pillsbury of Brattleboro

Zuckerman of Burlington


 

     Rep. Howrigan of Fairfield explained his vote as follows:

“Madam Speaker:

     I voted no however prior to final bell in May; this is now a stay of execution.  This vote is not satisfactory to the property tax payers.”

     Thereupon, the bill was read a third time and passed.

Consideration Interrupted by Recess

H. 88

House bill, entitled

An act relating to education property tax rate adjustments;

Was taken up and pending third reading of the bill, Rep. Sunderland of Rutland Town moved to amend the bill as follows:

     By adding new Sec. 2 and Sec. 3 to read:

Sec. 2.  PAYMENT OF PROPERTY TAX ADJUSTMENT AMOUNTS.

     Notwithstanding any other provision of law, property tax adjustment amounts due under Chapter 154 of Title 32 shall not be paid to a municipality, but shall be paid to the claimant in cash by the commissioner within 45 days after a claim is filed but no earlier than July 1 of the calendar year in which the claim is filed.

Sec. 3. EFFECTIVE DATE

     Sec. 2 of this act shall apply to claims filed in 2008 and after.

Pending the question, Shall the House amend the bill as recommended by Rep. Sunderland of Rutland Town? Rep. Sunderland of Rutland Town 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 bill as recommended by Rep. Sunderland of Rutland Town?  was decided in the negative.  Yeas, 44.  Nays, 93.

Those who voted in the affirmative are:


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

Clerkin of Hartford

Corcoran of Bennington

Devereux of Mount Holly

Donaghy of Poultney

Donahue of Northfield

Errecart of Shelburne

Flory of Pittsford

Helm of Castleton

Howrigan of Fairfield

Hube of Londonderry

Hudson of Lyndon

Kilmartin of Newport City

Koch of Barre Town

Komline of Dorset

Larocque of Barnet

Larrabee of Danville

Lawrence of Lyndon

Livingston of Manchester

Marcotte of Coventry

McDonald of Berlin

McFaun of Barre Town

Monti of Barre City

Morley of Barton

Morrissey of Bennington

O'Donnell of Vernon

Oxholm of Vergennes

Peaslee of Guildhall

Scheuermann of Stowe

Shaw of Derby

Stevens of Shoreham

Sunderland of Rutland Town

Turner of Milton

Valliere of Barre City

Westman of Cambridge

Wheeler of Derby

Wright of Burlington


Those who voted in the negative are:


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

Botzow of Pownal

Branagan of Georgia

Bray of New Haven

Brooks of Montpelier

Browning of Arlington

Chen of Mendon

Cheney of Norwich

Clarkson of Woodstock

Condon of Colchester

Consejo of Sheldon

Copeland-Hanzas of Bradford

Courcelle of Rutland City

Davis of Washington

Deen of Westminster

Donovan of Burlington

Dostis of Waterbury

Edwards of Brattleboro

Emmons of Springfield

Fallar of Tinmouth

Fisher of Lincoln

Frank of Underhill

French of Randolph

Gervais of Enosburg

Gilbert of Fairfax

Grad of Moretown

Haas of Rochester

Head of S. Burlington

Hosford of Waitsfield

Howard of Rutland City

Hunt of Essex

Hutchinson of Randolph

Jerman of Essex

Jewett of Ripton

Johnson of South Hero

Keenan of St. Albans City

Keogh of Burlington

Kitzmiller of Montpelier

Klein of East Montpelier

Kupersmith of S. Burlington

Larson of Burlington

Lenes of Shelburne

Leriche of Hardwick

Lippert of Hinesburg

Maier of Middlebury

Malcolm of Pawlet

Manwaring of Wilmington

Marek of Newfane

Martin, C. of Springfield

Martin of Wolcott

Masland of Thetford

McCormack of Rutland City

McCullough of Williston

Milkey of Brattleboro

Miller of Shaftsbury

Minter of Waterbury

Mitchell of Barnard

Mook of Bennington

Moran of Wardsboro

Mrowicki of Putney

Myers of Essex

Nease of Johnson

Nuovo of Middlebury

Obuchowski of Rockingham

Ojibway of Hartford

Orr of Charlotte

Otterman of Topsham

Partridge of Windham

Pearson of Burlington

Pellett of Chester

Peltz of Woodbury

Perry of Richford

Peterson of Williston

Potter of Clarendon

Pugh of S. Burlington

Randall of Troy

Rodgers of Glover

Shand of Weathersfield

Sharpe of Bristol

Smith of Morristown

Spengler of Colchester

Sweaney of Windsor

Trombley of Grand Isle

Weston of Burlington

Winters of Williamstown

Zenie of Colchester


 

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


Brennan of Colchester

Evans of Essex

Fitzgerald of St. Albans City

Godin of Milton

Heath of Westford

Johnson of Canaan

Krawczyk of Bennington

LaVoie of Swanton

Lorber of Burlington

McAllister of Highgate

Pillsbury of Brattleboro

Zuckerman of Burlington


 

     Rep. Donaghy of Poultney explained his vote as follows:

“Madam Speaker:

     The arrogance of Government in this debate has reared its ugly head once again.  By not passing this amendment, we are once again telling the taxpayers of this state we, the Government, know best what to do with your money than you do.  I am thankful to have been one of the 15 who voted against H. 880 last year.”

Recess

Pending third reading of the bill, at one o’clock and twenty minutes in the afternoon, the Speaker declared a recess until the fall of the gavel.

Consideration Resumed; Read Third Time and Passed

H. 88

Consideration resumed on House bill, entitled

An act relating to education property tax rate adjustments;

Pending third reading of the bill, Reps. Adams of Hartland and Komline of Dorset moved to amend the bill as follows:

by adding a new Sec. 2 to read:

Sec. 2. REPEAL

     No. 68 of the Acts of 2003, an act relating to education financing, is repealed effective July 1, 2009.

Rep. Adams of Hartland 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 amended as offered by Reps. Adams of Hartland and Komline of Dorset was decided in the negative.  Yeas, 33.  Nays, 94.  Absent, 22.

Those who voted in the affirmative are:


Adams of Hartland

Ainsworth of Royalton

Baker of West Rutland

Canfield of Fair Haven

Clark of St. Johnsbury

Clerkin of Hartford

Devereux of Mount Holly

Donahue of Northfield

Errecart of Shelburne

Flory of Pittsford

Helm of Castleton

Hube of Londonderry

Kilmartin of Newport City

Koch of Barre Town

Komline of Dorset

Larocque of Barnet

Larrabee of Danville

Lawrence of Lyndon

Livingston of Manchester

Manwaring of Wilmington

Marcotte of Coventry

Moran of Wardsboro

Morley of Barton

Morrissey of Bennington

Myers of Essex

O'Donnell of Vernon

Peaslee of Guildhall

Scheuermann of Stowe

Shaw of Derby

Sunderland of Rutland Town

Turner of Milton

Westman of Cambridge

Wheeler of Derby


Those who voted in the negative are:


Acinapura of Brandon

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

Brooks of Montpelier

Browning of Arlington

Chen of Mendon

Cheney of Norwich

Clark of Vergennes

Clarkson of Woodstock

Condon of Colchester

Consejo of Sheldon

Copeland-Hanzas of Bradford

Corcoran of Bennington

Courcelle of Rutland City

Davis of Washington

Deen of Westminster

Donovan of Burlington

Dostis of Waterbury

Edwards of Brattleboro

Emmons of Springfield

Fallar of Tinmouth

Fisher of Lincoln

Frank of Underhill

French of Randolph

Gilbert of Fairfax

Haas of Rochester

Head of S. Burlington

Hosford of Waitsfield

Howard of Rutland City

Hunt of Essex

Hutchinson of Randolph

Jerman of Essex

Jewett of Ripton

Keenan of St. Albans City

Keogh of Burlington

Kitzmiller of Montpelier

Klein of East Montpelier

Kupersmith of S. Burlington

Larson of Burlington

Lenes of Shelburne

Leriche of Hardwick

Lippert of Hinesburg

Maier of Middlebury

Malcolm of Pawlet

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

Mook of Bennington

Mrowicki of Putney

Nease of Johnson

Nuovo of Middlebury

Obuchowski of Rockingham

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

Potter of Clarendon

Randall of Troy

Rodgers of Glover

Shand of Weathersfield

Sharpe of Bristol

Smith of Morristown

Spengler of Colchester

Stevens of Shoreham

Sweaney of Windsor

Trombley of Grand Isle

Weston of Burlington

Winters of Williamstown

Wright of Burlington

Zenie of Colchester


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


Allard of St. Albans Town

Brennan of Colchester

Donaghy of Poultney

Evans of Essex

Fitzgerald of St. Albans City

Gervais of Enosburg

Godin of Milton

Grad of Moretown

Heath of Westford

Howrigan of Fairfield

Hudson of Lyndon

Johnson of South Hero

Johnson of Canaan

Krawczyk of Bennington

LaVoie of Swanton

Lorber of Burlington

McAllister of Highgate

Monti of Barre City

Pillsbury of Brattleboro

Pugh of S. Burlington

Valliere of Barre City

Zuckerman of Burlington


 

     Rep. Clark of Vergennes explained his vote as follows:

“Madame Speaker:

     As a member of the Education Committee charged by you with among other things, formulating a bill which has provisions for educational cost containment.  I have great hope that in fact we will provide such a bill for discussion on the House floor that will address some of the concerns of Act 60/68.

     Rep. Wright of Burlington explained his vote as follows:

“Madam Speaker:

     I vote no despite sharing the same concerns as the proponent of the repeal of Act 60.  I will wait and see what reform comes out of our Committees, but the clock is ticking and tax payers expect action…  The Legislatures feet must now be held to the fire on property tax reform and relief.”

     Pending third reading of the bill Reps. Livingston of Manchester and Komline of Dorset moved to amend the bill as follows:

     First:  In Sec. 1, on page 2, by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read:

(b)  For claims filed for fiscal year 2009 only, “applicable percentage” in subdivision 6066(a)(2) of Title 32 shall be 2.0 percent multiplied by the fiscal year 2009 district spending adjustment for the municipality in which the homestead residence is located; but in no event shall the applicable percentage be less than 2.0 percent.

     Second:  On page 1, line 19, by striking "$1.39" and inserting in lieu thereof "$1.37" and on page 2, line 1, by striking "$0.90" and inserting in lieu thereof "$0.88"

Pending the question, Shall the House amend the bill as recommended by Reps. Livingston of Manchester and Komline of Dorset? Rep. Adams of Hartland 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 bill as recommended by Reps. Livingston of Manchester and Komline of Dorset?  was decided in the negative.  Yeas, 33.  Nays, 93.

 

Those who voted in the affirmative are:


Adams of Hartland

Ainsworth of Royalton

Baker of West Rutland

Branagan of Georgia

Canfield of Fair Haven

Chen of Mendon

Clark of St. Johnsbury

Clark of Vergennes

Clarkson of Woodstock

Clerkin of Hartford

Consejo of Sheldon

Devereux of Mount Holly

Errecart of Shelburne

Flory of Pittsford

Hube of Londonderry

Kilmartin of Newport City

Koch of Barre Town

Komline of Dorset

Larocque of Barnet

Larrabee of Danville

Lawrence of Lyndon

Livingston of Manchester

Marcotte of Coventry

McDonald of Berlin

Morley of Barton

Myers of Essex

Oxholm of Vergennes

Scheuermann of Stowe

Shaw of Derby

Sunderland of Rutland Town

Turner of Milton

Westman of Cambridge

Wheeler of Derby


Those who voted in the negative are:


Acinapura of Brandon

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

Bray of New Haven

Brooks of Montpelier

Browning of Arlington

Cheney of Norwich

Condon of Colchester

Copeland-Hanzas of Bradford

Corcoran of Bennington

Courcelle of Rutland City

Davis of Washington

Deen of Westminster

Donahue of Northfield

Donovan of Burlington

Dostis of Waterbury

Edwards of Brattleboro

Emmons of Springfield

Fallar of Tinmouth

Fisher of Lincoln

Frank of Underhill

French of Randolph

Gilbert of Fairfax

Haas of Rochester

Head of S. Burlington

Helm of Castleton

Hosford of Waitsfield

Howard of Rutland City

Hunt of Essex

Hutchinson of Randolph

Jerman of Essex

Jewett of Ripton

Keenan of St. Albans City

Keogh of Burlington

Kitzmiller of Montpelier

Klein of East Montpelier

Kupersmith of S. Burlington

Larson of Burlington

Lenes of Shelburne

Leriche of Hardwick

Lippert of Hinesburg

Maier of Middlebury

Malcolm of Pawlet

Manwaring of Wilmington

Marek of Newfane

Martin, C. of Springfield

Martin of Wolcott

Masland of Thetford

McCormack of Rutland City

McCullough of Williston

McFaun of Barre Town

Milkey of Brattleboro

Miller of Shaftsbury

Minter of Waterbury

Mitchell of Barnard

Mook of Bennington

Moran of Wardsboro

Morrissey of Bennington

Mrowicki of Putney

Nease of Johnson

Nuovo of Middlebury

Obuchowski of Rockingham

Ojibway of Hartford

Orr of Charlotte

Otterman of Topsham

Partridge of Windham

Peaslee of Guildhall

Pellett of Chester

Peltz of Woodbury

Perry of Richford

Peterson of Williston

Potter of Clarendon

Pugh of S. Burlington

Randall of Troy

Rodgers of Glover

Shand of Weathersfield

Sharpe of Bristol

Smith of Morristown

Spengler of Colchester

Stevens of Shoreham

Sweaney of Windsor

Trombley of Grand Isle

Weston of Burlington

Winters of Williamstown

Wright of Burlington

Zenie of Colchester


 

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


Allard of St. Albans Town

Brennan of Colchester

Donaghy of Poultney

Evans of Essex

Fitzgerald of St. Albans City

Gervais of Enosburg

Godin of Milton

Grad of Moretown

Heath of Westford

Howrigan of Fairfield

Hudson of Lyndon

Johnson of South Hero

Johnson of Canaan

Krawczyk of Bennington

LaVoie of Swanton

Lorber of Burlington

McAllister of Highgate

Monti of Barre City

O'Donnell of Vernon

Pearson of Burlington

Pillsbury of Brattleboro

Valliere of Barre City

Zuckerman of Burlington


 

Rep. Sharp of Bristol explained his vote as follows:

“Madam Speaker:

     I voted no because this is a nine million dollar tax increase on working Vermonters, in order to give a tax break to those individuals wealthy enough to own a second home.”

     Thereupon, the bill was read a third time and passed.

Message from the Senate No. 22

     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 Governor has informed the Senate that on the fourteenth day of February, 2007, he approved and signed a bill originating in the Senate of the following title:

S. 32.  An act relating to appointments and terms for energy coordinators.

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

     H.C.R. 40.  House concurrent resolution in memory of Brian Lawrence Wrigley.

     H.C.R. 41.  House concurrent resolution honoring Joyce Wyman for her local and state public service.

     H.C.R. 42.  House concurrent resolution in memory of Seward Weber.

Bill Amended, Read Third Time and Passed

H. 294

House bill, entitled

An act relating to executive fees;

Was taken up and pending third reading of the bill, Reps. Baker of West Rutland, O’Donnell of Vernon and Flory of Pittsford moved to amend the bill as follows:

     By adding new secs. 30a and 30b to read:

 Sec. 30a.  3 V.S.A. § 2822(i), (j) and (k) are amended to read:

 (i) The secretary shall not process an application for which the applicable fee has not been paid unless the secretary specifies that the fee may be paid at a different time or unless the person applying for the permit is exempt from the permit fee requirements pursuant to section 710 of Title 32. In addition, the persons who are exempt under section 710 of Title 32 are also exempt from the application fees for stormwater operating permits specified in subdivisions (j)(2)(A)(iii)(I) and (II) of this section if they otherwise meet the requirements of section 710. Municipalities shall be exempt from the payment of fees under this section except for those fees prescribed in subdivisions (j)(1), (2), (7), (8), (14), and (15) of this section for which a municipality may recover its costs by charging a user fee to those who use the permitted services. Applicants operating under SIC codes 2411, 2421, 2426 and 2429 shall be exempt from administrative processing fees pursuant to 3 V.S.A. § 2822(j)(2) and application review fees pursuant to 3 V.S.A. § 2822(j)(2)(A)(iii)(IV).

Sec. 30b.  IMPLEMENTATION AND REVERSION

(a) Sec. 30a (exclusion from general permit fees) shall take effect upon passage and shall be effective retroactively back to August 1, 2006. The department of environmental conservation shall refund any fees collected from applicants operating under SIC codes 2411, 2421, 2426 and 2429 pursuant to 3 V.S.A. § 2822(j)(2)(A)(iii)(IV) between August 1, 2006 and the effective date of this section.

(b)  Sec. 30a (exclusion from general permit fees) shall expire on July 1, 2008 and, on that date, the content of 3 V.S.A. § 2822(i) shall revert to the content that existed before the amendment contained in this act.

Pending the question, Shall the House amend the bill as recommended by Reps. Baker of West Rutland, O’Donnell of Vernon and Flory of Pittsford? Rep. Baker of West Rutland 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 bill as recommended by Reps. Baker of West Rutland, O’Donnell of Vernon and Flory of Pittsford? was decided in the affirmative. Yeas, 60.  Nays, 55.

 

Those who voted in the affirmative are:


Acinapura of Brandon

Adams of Hartland

Ainsworth of Royalton

Atkins of Winooski

Audette of S. Burlington

Baker of West Rutland

Bissonnette of Winooski

Bostic of St. Johnsbury

Branagan of Georgia

Bray of New Haven

Canfield of Fair Haven

Clark of St. Johnsbury

Clark of Vergennes

Clerkin of Hartford

Condon of Colchester

Consejo of Sheldon

Corcoran of Bennington

Davis of Washington

Devereux of Mount Holly

Donahue of Northfield

Errecart of Shelburne

Flory of Pittsford

French of Randolph

Helm of Castleton

Hutchinson of Randolph

Kilmartin of Newport City

Klein of East Montpelier

Koch of Barre Town

Komline of Dorset

Larocque of Barnet

Larrabee of Danville

Lawrence of Lyndon

Leriche of Hardwick

Livingston of Manchester

Manwaring of Wilmington

Marcotte of Coventry

Martin of Wolcott

McDonald of Berlin

McFaun of Barre Town

Moran of Wardsboro

Morley of Barton

Morrissey of Bennington

Myers of Essex

Otterman of Topsham

Oxholm of Vergennes

Peaslee of Guildhall

Peltz of Woodbury

Potter of Clarendon

Randall of Troy

Rodgers of Glover

Scheuermann of Stowe

Shaw of Derby

Spengler of Colchester

Stevens of Shoreham

Sunderland of Rutland Town

Turner of Milton

Wheeler of Derby

Winters of Williamstown

Wright of Burlington

Zenie of Colchester


Those who voted in the negative are:


Ancel of Calais

Andrews of Rutland City

Barnard of Richmond

Botzow of Pownal

Brooks of Montpelier

Browning of Arlington

Chen of Mendon

Cheney of Norwich

Copeland-Hanzas of Bradford

Courcelle of Rutland City

Deen of Westminster

Dostis of Waterbury

Edwards of Brattleboro

Emmons of Springfield

Fallar of Tinmouth

Fisher of Lincoln

Frank of Underhill

Gilbert of Fairfax

Haas of Rochester

Hosford of Waitsfield

Howard of Rutland City

Jerman of Essex

Jewett of Ripton

Keenan of St. Albans City

Kitzmiller of Montpelier

Kupersmith of S. Burlington

Larson of Burlington

Lenes of Shelburne

Lippert of Hinesburg

Maier of Middlebury

Malcolm of Pawlet

Marek of Newfane

Martin, C. of Springfield

Masland of Thetford

McCormack of Rutland City

McCullough of Williston

Milkey of Brattleboro

Miller of Shaftsbury

Minter of Waterbury

Mitchell of Barnard

Mook of Bennington

Mrowicki of Putney

Nease of Johnson

Nuovo of Middlebury

Obuchowski of Rockingham

Ojibway of Hartford

Orr of Charlotte

Partridge of Windham

Peterson of Williston

Pugh of S. Burlington

Shand of Weathersfield

Smith of Morristown

Sweaney of Windsor

Trombley of Grand Isle

Weston of Burlington


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


Allard of St. Albans Town

Aswad of Burlington

Brennan of Colchester

Clarkson of Woodstock

Donaghy of Poultney

Donovan of Burlington

Evans of Essex

Fitzgerald of St. Albans City

Gervais of Enosburg

Godin of Milton

Grad of Moretown

Head of S. Burlington

Heath of Westford

Howrigan of Fairfield

Hube of Londonderry

Hudson of Lyndon

Hunt of Essex

Johnson of South Hero

Johnson of Canaan

Keogh of Burlington

Krawczyk of Bennington

LaVoie of Swanton

Lorber of Burlington

McAllister of Highgate

Monti of Barre City

O'Donnell of Vernon

Pearson of Burlington

Pellett of Chester

Perry of Richford

Pillsbury of Brattleboro

Sharpe of Bristol

Valliere of Barre City

Westman of Cambridge

Zuckerman of Burlington


 

     Thereupon, the bill was read a third time and passed.

Action on Bill Postponed

H. 15

House bill, entitled

An act relating to a statewide school year calendar;

Was taken up and pending the reading of the report of the committee on Education, on motion of Rep. Mook of Bennington, action on the bill was postponed until the next legislative day.

Adjournment

At four o’clock  and forty-five minutes in the afternoon, on motion of Rep. Komline of Dorset, the House adjourned until Tuesday, February 20, 2007, at ten o’clock in the forenoon, pursuant to the provisions of J.R.S. 17.

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. 40

   House concurrent resolution in memory of Brian Lawrence Wrigley.

H.C.R. 41

  House concurrent resolution honoring Joyce Wyman for her local and state public service.

H.C.R. 42

  House concurrent resolution in memory of Seward Weber.

     [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
115 State Street
Montpelier, Vermont


www.leg.state.vt.us