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Journal of the House

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THURSDAY, MARCH 22, 2007

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

Devotional Exercises

Devotional exercises were conducted by Reverend Robert Sprigg of Lifeway Bible Fellowship, Waterbury.

Message from the Senate No. 36

     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. 34.  An act relating to humane treatment of animals in schools and the right to an instructional alternative to dissection.

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

Committee Bills Introduced

The following committee bills were read the first time and, under the rule, placed on the Calendar for notice tomorrow.

H. 530

Rep. Lippert of Hinesburg, for the committee on Judiciary, introduced a bill, entitled

An act relating to motor vehicle safety;

H. 531

Rep. Maier of Middlebury, for the committee on Health Care, introduced a bill, entitled

An act relating to ensuring success in health care reform.

 

 

Senate Bill Referred

S. 34

Senate bill, entitled

An act relating to humane treatment of animals in schools and the right to an instructional alternative to dissection;

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

Bill Reconsidered; Bill Committed

H. 403

House bill, entitled

An act relating to postretirement cost of living adjustments for state employees;

Assuring the Chair that she voted with the prevailing side the previous legislative day when the House passed the bill, Rep. Manwaring of Wilmington moved that the House reconsider its vote, which was agreed to.

Pending the question, Shall the bill pass? Rep. Manwaring of Wilmington moved that the bill be committed to the committee on Appropriations, which was agreed to.

Favorable Report; Third Reading Ordered

H. 149

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

An act relating to liquor identification and tobacco licenses;

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 Amended; Third Reading Ordered

H. 353

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

An act relating to employee free choice for bargaining representative;

Reported in favor of its passage when amended as follows:

In Sec. 1, 3 V.S.A. §941(g) on page two beginning by striking subdivision (4) in its entirety and inserting in lieu thereof the following:

(4)  Notwithstanding subdivisions (1), (2), and (3) of this subsection, if the board determines that the petition filed bears the signatures of 50 percent plus one or more of the employees in the bargaining unit deemed appropriate by the board, it shall certify the petitioner as the bargaining representative.  Certification under this subdivision applies only when no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit.  The board shall develop policies and procedures to implement this subdivision.

The bill, having appeared on the Calendar for Action, was taken up and read the second time,

Pending the question, Shall the House amend the bill as recommended by the committee on General, Housing and Military Affairs? Rep. Wright of Burlington 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 the committee on General, Housing and Military Affairs?  was decided in the affirmative.  Yeas, 80.  Nays, 60.

Those who voted in the affirmative are:


Ancel of Calais

Andrews of Rutland City

Aswad of Burlington

Bissonnette of Winooski

Botzow of Pownal

Bray of New Haven

Cheney of Norwich

Clarkson of Woodstock

Condon of Colchester

Courcelle of Rutland City

Davis of Washington

Deen of Westminster

Donovan of Burlington

Dostis of Waterbury

Edwards of Brattleboro

Emmons of Springfield

Evans of Essex

Fisher of Lincoln

Fitzgerald of St. Albans City

Frank of Underhill

French of Randolph

Gilbert of Fairfax

Godin of Milton

Grad of Moretown

Haas of Rochester

Head of S. Burlington

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

Kitzmiller of Montpelier

Klein of East Montpelier

Kupersmith of S. Burlington

Larson of Burlington

Lenes of Shelburne

Leriche of Hardwick

Lippert of Hinesburg

Lorber of Burlington

Maier of Middlebury

Malcolm of Pawlet

Manwaring of Wilmington

Marek of Newfane

Martin, C. of Springfield

Masland of Thetford

McCormack of Rutland City

McCullough of Williston

McFaun of Barre Town

Milkey of Brattleboro

Minter of Waterbury

Mitchell of Barnard

Monti of Barre City

Mook of Bennington

Moran of Wardsboro

Mrowicki of Putney

Nease of Johnson

Nuovo of Middlebury

Obuchowski of Rockingham

Orr of Charlotte

Partridge of Windham

Pearson of Burlington

Pellett of Chester

Peltz of Woodbury

Pillsbury of Brattleboro

Potter of Clarendon

Pugh of S. Burlington

Randall of Troy

Shand of Weathersfield

Sharpe of Bristol

Smith of Morristown

Spengler of Colchester

Sweaney of Windsor

Trombley of Grand Isle

Weston of Burlington

Zenie of Colchester

Zuckerman of Burlington


Those who voted in the negative are:


Acinapura of Brandon

Adams of Hartland

Ainsworth of Royalton

Allard of St. Albans Town

Audette of S. Burlington

Baker of West Rutland

Barnard of Richmond

Bostic of St. Johnsbury

Branagan of Georgia

Brennan of Colchester

Browning of Arlington

Canfield of Fair Haven

Chen of Mendon

Clark of St. Johnsbury

Clark of Vergennes

Clerkin of Hartford

Consejo of Sheldon

Corcoran of Bennington

Devereux of Mount Holly

Donaghy of Poultney

Donahue of Northfield

Errecart of Shelburne

Fallar of Tinmouth

Flory of Pittsford

Gervais of Enosburg

Heath of Westford

Hube of Londonderry

Hudson of Lyndon

Johnson of Canaan

Keogh of Burlington

Kilmartin of Newport City

Koch of Barre Town

Komline of Dorset

Krawczyk of Bennington

Larocque of Barnet

LaVoie of Swanton

Lawrence of Lyndon

Livingston of Manchester

Marcotte of Coventry

McAllister of Highgate

McDonald of Berlin

Miller of Shaftsbury

Morley of Barton

Morrissey of Bennington

Myers of Essex

O'Donnell of Vernon

Otterman of Topsham

Oxholm of Vergennes

Peaslee of Guildhall

Perry of Richford

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

Winters of Williamstown

Wright of Burlington


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


Atkins of Winooski

Copeland-Hanzas of Bradford

Helm of Castleton

Larrabee of Danville

Martin of Wolcott

Ojibway of Hartford

Peterson of Williston

Rodgers of Glover


Favorable Report; Bill Amended; Third Reading Ordered

H. 527

Rep. Westman of Cambridge spoke for the committee on Transportation.

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

An act relating to the state’s transportation program;

Reported in favor of its passage.  The bill, having appeared on the Calendar one day for notice, was taken up and read the second time.

Pending the question, Shall the bill be read a third time? Rep. Westman of Cambridge moved to amend the bill as follows:

     First:  By striking out Sec. 6(b) in its entirety and inserting in lieu thereof the following:

(b)  These changes are made to eliminate all state funding which is proposed to expand or extend the deployment of existing intelligent transportation system programs or to implement new intelligent transportation system initiatives while reserving $300,000 in state funds for operation of the “511” traveler information service. The agency shall continue to operate the “511” traveler information service at not less than the same level of service as provided in fiscal year 2007.  Subject to these conditions, the secretary, in his or her discretion, shall determine how the reduction in authorized spending will be accomplished within the maintenance program.

     Second:  In Sec. 27 by striking out subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:

(b)  Notwithstanding any provision of this chapter, brown-and-white official business directional signs as requested by the local byways organization may be allowed for the purpose of directing travelers to interpretive information sites along officially designated state and federal byways only.  An official business directional sign authorized under this subsection shall be located on the same state designated byway as the interpretive information site to which the sign directs attention.

Which was agreed to and third reading was ordered.

Action on Bill Postponed

H. 521

House bill, entitled

An act relating to miscellaneous substantive tax amendments;

Was taken up and pending second reading of the bill, on motion of Rep. Howard of Rutland City, action on the bill was postponed until the next legislative day.

Bill Read Second Time; Bill Amended; Third Reading Ordered

H. 522

Rep. Zuckerman of Burlington spoke for the committee on Agriculture.

House bill entitled

An act relating to viability of Vermont agriculture;

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

Pending the question, Shall the bill be read the third time? Rep. Zuckerman of Burlington moved to amend the bill as follows:

By deleting Sec. 14 (Act 250 permit amendment) in its entirety and by renumbering the remaining sections to be numerically correct, which was agreed to.

Pending the question, Shall the bill be read the third time? Rep. Johnson of Canaan moved to amend the bill as follows:

     In Sec. 8, 6 V.S.A. § 3312, in subsection (b), after “sold from the farm” by striking “or to a food restaurant licensed by the commissioner of health,” and by striking subsections (d)- (f)

     Which was disagreed to.

Pending the question, Shall the bill be read a third time? Rep. Hosford of Waitsfield 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 read a third time was decided in the affirmatitive.  Yeas, 119.  Nays, 0.

Those who voted in the affirmative are:


Acinapura of Brandon

Adams of Hartland

Ainsworth of Royalton

Ancel of Calais

Baker of West Rutland

Barnard of Richmond

Bissonnette of Winooski

Bostic of St. Johnsbury

Botzow of Pownal

Branagan of Georgia

Bray of New Haven

Browning of Arlington

Canfield of Fair Haven

Chen of Mendon

Cheney of Norwich

Clark of St. Johnsbury

Clark of Vergennes

Clarkson of Woodstock

Clerkin of Hartford

Consejo of Sheldon

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

Errecart of Shelburne

Fallar of Tinmouth

Fisher of Lincoln

Fitzgerald of St. Albans City

Flory of Pittsford

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

Hosford of Waitsfield

Howard of Rutland City

Howrigan of Fairfield

Hube of Londonderry

Hunt of Essex

Hutchinson of Randolph

Jewett of Ripton

Johnson of South Hero

Johnson of Canaan

Keenan of St. Albans City

Kilmartin of Newport City

Kitzmiller of Montpelier

Klein of East Montpelier

Komline of Dorset

Krawczyk of Bennington

Kupersmith of S. Burlington

Larocque of Barnet

Larson of Burlington

LaVoie of Swanton

Lenes of Shelburne

Leriche of Hardwick

Lippert of Hinesburg

Livingston of Manchester

Lorber of Burlington

Maier of Middlebury

Malcolm of Pawlet

Marcotte of Coventry

Marek of Newfane

Martin, C. of Springfield

Masland of Thetford

McAllister of Highgate

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

Moran of Wardsboro

Morley of Barton

Morrissey of Bennington

Mrowicki of Putney

Myers of Essex

Nease of Johnson

Nuovo of Middlebury

Obuchowski of Rockingham

O'Donnell of Vernon

Orr of Charlotte

Otterman of Topsham

Oxholm of Vergennes

Partridge of Windham

Pellett of Chester

Peltz of Woodbury

Perry of Richford

Pillsbury of Brattleboro

Potter of Clarendon

Randall of Troy

Rodgers of Glover

Scheuermann of Stowe

Shand of Weathersfield

Sharpe of Bristol

Shaw of Derby

Spengler of Colchester

Stevens of Shoreham

Sunderland of Rutland Town

Trombley of Grand Isle

Turner of Milton

Valliere of Barre City

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:


none

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


Allard of St. Albans Town

Andrews of Rutland City

Aswad of Burlington

Atkins of Winooski

Audette of S. Burlington

Brennan of Colchester

Condon of Colchester

Devereux of Mount Holly

Donaghy of Poultney

Evans of Essex

Helm of Castleton

Hudson of Lyndon

Jerman of Essex

Keogh of Burlington

Koch of Barre Town

Larrabee of Danville

Lawrence of Lyndon

Manwaring of Wilmington

Martin of Wolcott

Miller of Shaftsbury

Monti of Barre City

Ojibway of Hartford

Pearson of Burlington

Peaslee of Guildhall

Peterson of Williston

Pugh of S. Burlington

Smith of Morristown

Sweaney of Windsor

Westman of Cambridge


 

Third Reading; Bill Passed

H. 73

House bill, entitled

An act relating to water management types for state waters;

Was taken up, read the third time and passed.

Bill Amended, Read Third Time and Passed

H. 154

House bill, entitled

An act relating to stormwater management;

Was taken up and pending third reading of the bill, Reps. Lavoie of Swanton and Branagan of Georgia moved to amend the bill as follows:

By adding Secs. 5 and 6 to read as follows:

Sec. 5.  20 V.S.A. § 2676 is added to read:

§ 2676.  FIRE DISTRICTS; STORMWATER

(a)  For the purposes of this section "stormwater system" means a stormwater system as defined in subdivision 1264(a)(18) of Title 10.

(b)  When the residents of a fire district proposed for the purpose of repairing, permitting, upgrading, constructing, or maintaining a stormwater system lack the 20 freeholders or voters required to petition a selectboard for the establishment of a fire district under section 2481 of this title, the majority of the voters residing within the boundaries of the proposed fire district may petition a selectboard to establish the proposed fire district and define its limits under section 2481 of this title. 

(c)  A fire district formed under section 2481 of this title for the purpose of repairing, permitting, upgrading, constructing, or maintaining a stormwater system shall have the power to assess, levy, and collect taxes or fees solely for the purposes of repairing, permitting, upgrading, constructing, or maintaining the stormwater system. 

Sec. 6.  STORMWATER OUTREACH AND EDUCATION

On or before January 15, 2008, the agency of natural resources shall conduct outreach and education activities in order to inform homeowners residing in residential subdivisions served by orphan stormwater systems, as that term is defined in subsection 1264c(e) of Title 10, of the ability to form a fire district and, therefore, be eligible for a grant under the orphan stormwater system pilot program.  Where possible, the outreach and education activities shall include direct notification to homeowners residing in residential subdivisions served by an orphan stormwater system.

Which was agreed to. 

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

Third Reading; Bill Passed

H. 175

House bill, entitled

An act relating to increasing funeral benefits under workers’ compensation;

Was taken up, read the third time and passed.

Bill Amended, Read Third Time and Passed

H. 332

House bill, entitled

An act relating to sale and closure of mobile home parks;

Was taken up and pending third reading of the bill, Rep. Trombley of Grand Isle moved to amend the bill as follows:

     By striking Sec. 3a and inserting in lieu thereof the following:
 Sec. 3a.  10 V.S.A. § 6240 is amended to read:

§ 6240.  SALE OF HOMES LOCATED IN PARKS

(a)  Prior to selling a mobile home located in a mobile home park, the mobile home owner shall notify the park owner by certified or registered mail of the name of the prospective purchaser.  The seller may be held liable by the purchaser or prospective purchaser for failure to comply with this section.

(b)  A purchaser or prospective purchaser of a mobile home located in a park shall not be refused entrance if the purchaser and his the purchaser’s household qualify under the lease terms admission policy of the park.  Upon approval for entrance into the mobile home park, the purchaser or prospective purchaser shall be offered a written lease pursuant to section 6236 of this title.

(c)  A park owner shall not charge or collect any commission on the sale of a mobile home located in a park unless he the park owner contracts to sell the home.

Which was agreed to. 

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

Third Reading; Bill Passed

H. 372

House bill, entitled

An act relating to the rendering of nursing and medical services by professional corporations;

Was taken up, read the third time and passed.

Bill Read Second Time; Third Reading Ordered

H. 525

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

House bill entitled

     An act relating to the Vermont Fire Service Training Council and the Division of Fire Safety;

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. 361

     Rep. Baker of West Rutland, spoke for the committee on General, Housing and Military Affairs.

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

An act relating to pay scale, death benefit, and tuition benefits for members of the national guard;

Reported in favor of its passage when amended as follows:

By striking Sec. 3 (Appropriation) in its entirety.

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.

Adjournment

At six o’clock and twenty minutes 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.

 

 

 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us