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Journal of the House

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WEDNESDAY, FEBRUARY 21, 2007

Rep. Carolyn Partridge of Windham in Chair.

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

Devotional Exercises

Devotional exercises were conducted by Reverend Wendy Manley, Christ Church of Montpelier.

Message from Governor

A message was received from His Excellency, the Governor, by Ms. Kiersten Bourgeois, Secretary of Civil and Military Affairs, as follows:

Madam Speaker:

I am directed by the Governor to inform the House that on the twentieth day of February, 2007, he approved and signed bills originating in the House of the following title:

H. 19      An act relating to approval of amendment to the charter of the city of St. Albans;

H. 23      An act relating to approval of amendments to the charter of the town of Stowe.

Message from the Senate No. 23

     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 passed Senate bill of the following title:

S 13.  An act relating to the idling of motor vehicle engines on school property.

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

The Senate has considered a bill originating in the House of the following title:

H. 213.  An act relating to interim assistance to the dairy industry and the development of long-term goals for a viable agricultural sector.

And has passed the same in concurrence with proposals of amendment 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 as follows:

H. 342

By Reps. French of Randolph and Hutchinson of Randolph,

An act relating to sales tax exemption for health club admission;

To the committee on Ways and Means.

H. 343

     By Reps. Dostis of Waterbury, Cheney of Norwich, Copeland-Hanzas of Bradford, Edwards of Brattleboro, Flory of Pittsford, Hube of Londonderry, Klein of East Montpelier, Krawczyk of Bennington, Masland of Thetford, Mitchell of Barnard, Nuovo of Middlebury, Sweaney of Windsor, Westman of Cambridge and Weston of Burlington,

     An act relating to solar energy business income tax credit;

     To the committee on Natural Resources and Energy.

H. 344

By Rep. Obuchowski of Rockingham,

     An act relating to fairness in prescription drug pricing;

     To the committee on Health Care.

H. 345

By Reps. Trombley of Grand Isle and Johnson of South Hero (By Request),

     An act relating to establishing felony criminal penalties for assisting illegal immigrants with obtaining employment or housing;

     To the committee on Judiciary.

H. 346

By Reps. Ancel of Calais, Fitzgerald of St. Albans City and Godin of Milton,

     An act relating to statewide coordinator on stuttering;

     To the committee on Education.

H. 347

By Reps. Botzow of Pownal, Chen of Mendon, Dostis of Waterbury, Hosford of Waitsfield, Lenes of Shelburne, Leriche of Hardwick, Orr of Charlotte and Spengler of Colchester,

     An act relating to a school nurse consultant at the department of education;

     To the committee on Education.

H. 348

By Reps. Pearson of Burlington, Brooks of Montpelier, Davis of Washington, Deen of Westminster, Donovan of Burlington, Edwards of Brattleboro, Emmons of Springfield, Fisher of Lincoln, French of Randolph, Haas of Rochester, Jewett of Ripton, Johnson of South Hero, Kitzmiller of Montpelier, Klein of East Montpelier, Larson of Burlington, Lippert of Hinesburg, Lorber of Burlington, Masland of Thetford, McCullough of Williston, Moran of Wardsboro, Pugh of S. Burlington, Randall of Troy, Shand of Weathersfield, Sweaney of Windsor, Trombley of Grand Isle and Weston of Burlington,

     An act relating to the use of state-appropriated funds to influence state employee collective bargaining representation determinations;

     To the committee on General, Housing and Military Affairs.

H. 349

By Rep. Obuchowski of Rockingham,

     An act relating to continued Act 250 jurisdiction over expired permits, as necessary to protect the environment;

     To the committee on Natural Resources and Energy.

H. 350

     By Reps. Edwards of Brattleboro, Andrews of Rutland City, Aswad of Burlington, Atkins of Winooski, Barnard of Richmond, Botzow of Pownal, Brooks of Montpelier, Chen of Mendon, Cheney of Norwich, Clarkson of Woodstock, Copeland-Hanzas of Bradford, Davis of Washington, Deen of Westminster, Donovan of Burlington, 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, Hosford of Waitsfield, Howard of Rutland City, Jerman of Essex, Jewett of Ripton, Johnson of South Hero, Keenan of St. Albans City, Klein of East Montpelier, Krawczyk of Bennington, Larson of Burlington, Lippert of Hinesburg, Livingston of Manchester, Lorber of Burlington, Maier of Middlebury, Manwaring of Wilmington, Marek of Newfane, Masland of Thetford, McCullough of Williston, McDonald of Berlin, Milkey of Brattleboro, Minter of Waterbury, Mook of Bennington, Moran of Wardsboro, Mrowicki of Putney, Nuovo of Middlebury, O'Donnell of Vernon, Oxholm of Vergennes, Pearson of Burlington, Pellett of Chester, Pillsbury of Brattleboro, Pugh of S. Burlington, Randall of Troy, Sharpe of Bristol, Smith of Morristown, Spengler of Colchester, Sweaney of Windsor, Trombley of Grand Isle and Weston of Burlington,

     An act relating to requiring programs in media literacy in schools;

     To the committee on Education.

H. 351

     By Reps. Helm of Castleton, Acinapura of Brandon, Allard of St. Albans Town, Atkins of Winooski, Canfield of Fair Haven, Minter of Waterbury and Valliere of Barre City,

     An act relating to administration of hunting and fishing license lotteries;

     To the committee on Fish, Wildlife and Water Resources.

H. 352

     By Reps. Obuchowski of Rockingham, Head of South Burlington and Pugh of South Burlington,

     An act relating to reducing lead hazards in housing;

     To the committee on General, Housing and Military Affairs.

H. 353

     By Reps. Larson of Burlington, Davis of Washington, Edwards of Brattleboro, Fitzgerald of St. Albans City, Haas of Rochester, Moran of Wardsboro, Pearson of Burlington, Randall of Troy, Sharpe of Bristol, Weston of Burlington and Zuckerman of Burlington,

     An act relating to employee free choice for bargaining representative;

     To the committee on General, Housing and Military Affairs.

S. 13

     Senate bill, entitled

     An act relating to the idling of motor vehicle engines on school property;

     Was taken up, read the first time and referred to the committee on Education.

Joint Resolution Placed on Calendar

J.R.H. 16

Reps. Dostis of Waterbury, Ancel of Calais, Andrews of Rutland City, Atkins of Winooski, Baker of West Rutland, Barnard of Richmond, Botzow of Pownal, Branagan of Georgia, Bray of New Haven, Brooks of Montpelier, Browning of Arlington, Canfield of Fair Haven, Cheney of Norwich, Clarkson of Woodstock, Condon of Colchester, Copeland-Hanzas of Bradford, Courcelle of Rutland City, Deen of Westminster, Emmons of Springfield, Errecart of Shelburne, Evans of Essex, Fallar of Tinmouth, Fitzgerald of St. Albans City, Flory of Pittsford, Frank of Underhill, French of Randolph, Gervais of Enosburg, Gilbert of Fairfax, Grad of Moretown, Head of S. Burlington, Hosford of Waitsfield, Howard of Rutland City, Hube of Londonderry, Jerman of Essex, Jewett of Ripton, Johnson of South Hero, Keogh of Burlington, Kitzmiller of Montpelier, Klein of East Montpelier, Krawczyk of Bennington, Kupersmith of S. Burlington, Larrabee of Danville, Larson of Burlington, LaVoie of Swanton, Lenes of Shelburne, Leriche of Hardwick, Livingston of Manchester, Lorber of Burlington, Malcolm of Pawlet, Manwaring of Wilmington, Marek of Newfane, Martin of Wolcott, Masland of Thetford, McCormack of Rutland City, McCullough of Williston, McDonald of Berlin, McFaun of Barre Town, Milkey of Brattleboro, Minter of Waterbury, Mitchell of Barnard, Mook of Bennington, Morrissey of Bennington, Mrowicki of Putney, Myers of Essex, Nease of Johnson, Nuovo of Middlebury, Obuchowski of Rockingham, O'Donnell of Vernon, Partridge of Windham, Pellett of Chester, Peltz of Woodbury, Perry of Richford, Potter of Clarendon, Pugh of S. Burlington, Rodgers of Glover, Scheuermann of Stowe, Smith of Morristown, Spengler of Colchester, Sweaney of Windsor, Symington of Jericho, Valliere of Barre City, Westman of Cambridge, Weston of Burlington, Wheeler of Derby, Wright of Burlington, Zenie of Colchester and Zuckerman of Burlington offered a joint resolution, entitled

Joint resolution recognizing February 22, 2007 as Hunger Awareness Day and supporting efforts to eliminate hunger in Vermont by maximizing the use of federal nutrition programs;

Whereas, 19,000 of Vermont’s children lack consistent access to nutritionally adequate foods due to economic hardship and lack of resources, and

Whereas, the joint fiscal office of the Vermont general assembly found that families earning up to 200 percent of the poverty line have trouble meeting their basic needs, and

Whereas, according to U.S. Census data, rates of poverty and food insecurity among both children and households in Vermont are on the rise, and

Whereas, children living with food insecurity are at a significantly greater risk for illness, nutrient deficiency, delayed development, obesity, behavioral problems, educational challenges, abuse, and neglect, and

Whereas, hunger and malnutrition in Vermont strain our state’s financial and medical resources, act as barriers to the growth of healthy communities, and threaten our investments in education, and

Whereas, increasing participation in the federal nutrition programs provides an effective, consistent, and dignified means for ending hunger in Vermont, and

Whereas, federal nutrition programs bring over $60 million into the state each year, stimulating Vermont’s economy and supporting local business and farmers, and

Whereas, families struggling to put food on the table need and deserve the support of their own communities and the entire state of Vermont, and

Whereas, hunger is a social, political, and public health issue that requires the attention of Vermont’s leaders, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly recognizes February 22, 2007 as Hunger Awareness Day in Vermont, and be it further

Resolved:  That the General Assembly declares it to be in the best interest of Vermonters to maximize the use of federal nutrition programs and for the state of Vermont to support greater accessibility to these programs and expansion of the services they offer, and be it further

Resolved:  That the secretary of state be directed to send a copy of this resolution to Dr. Donald Swartz at the department of health, chair of the governor’s task force on hunger, to the Vermont Campaign to End Childhood Hunger, and to the members of the Vermont Congressional Delegation.

Which was read and, in the Speaker’s discretion, placed on the Calendar for action tomorrow under Rule 52.

Rules Suspended; Senate Proposal of Amendment Concurred in;

Rules Suspended; Action Ordered Messaged to Senate Forthwith

 and Bill Delivered to the Governor Forthwith

 H. 213

Pending entrance of the bill on the Calendar for notice, on motion of Rep. Adams of Hartland, the rules were suspended and 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;

Was taken up for immediate consideration.

     The Senate proposed to the House to amend the bill as follows:

First:  In Sec. 3, by striking out subsections (f) and (g) in their entirety

Second:  In Sec. 5(a), after the word “management” by adding the following: for transfer to the agency of agriculture, food and markets

Third:  In Sec. 5(b), by striking out the figure: “$200,000.00” and inserting in lieu thereof the figure: $100,000.00

Fourth:  After Sec. 5(b) by adding a new subsection (c) to read as follows:

(c)  The sum of $100,000.00 is appropriated from the general fund to the agency of agriculture, food and markets for emergency funding for farm capital needs resulting from the February 2007 blizzard. The funds shall be used according to a plan determined by the secretary of the agency of agriculture, food and markets and whatever funds are not necessary for the blizzard emergency shall go to the Vermont agricultural credit corporation for the purpose of the interest support program pursuant to subsection (b) of this section.

Fifth:  By adding a new section to be numbered Sec. 7 to read as follows:

Sec. 7.  FINAL PAYMENT

It is the intent of the general assembly that the payment provided by this act is the final dairy assistance program payment for the 2007-2008 biennium.

and by renumbering the remaining section to be Sec. 8

     Which proposal of amendment was considered and concurred in.

On motion of Rep. Adams of Hartland, the rules were suspended and action on the bill was ordered messaged to the Senate forthwith and the bill delivered to the Governor forthwith.

Third Reading; Bills Passed

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

H. 15

House bill, entitled

An act relating to a statewide school year calendar;

 

H. 274

House bill, entitled

An act relating to adult foster care.

Message from the Senate No. 24

     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 passed Senate bill of the following title:

S. 83.  An act relating to delinquent tax penalties.

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

Adjournment

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

 



Published by:

The Vermont General Assembly
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Montpelier, Vermont


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