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Journal of the House

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THURSDAY, APRIL 19, 2007

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

Devotional Exercises

Devotional exercises were conducted by Sergeant at Arms, Francis Brooks of Montpelier.

Message from the Senate No. 53

     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 considered bills originating in the House of the following titles:

H. 137.  An act relating to the restoration of a Department of Mental Health and a Commissioner of Mental Health.

H. 526.  An act relating to education quality and cost control.

H. 527.  An act relating to the state’s transportation program.

And has passed the same in concurrence with proposals of amendment in the adoption of which the concurrence of the House is requested.

The Senate has on its part adopted a joint resolution of the following title:

J.R.S. 31.  Joint resolution relating to weekend adjournment.

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

House Bill Introduced

H. 542

Reps. Clark of Vergennes and Oxholm of Vergennes introduced a bill, entitled

An act relating to approval of amendment to the charter of the city of Vergennes;

Which was read the first time and referred to the committee on Government Operations.

Committee Bill Introduced

H. 543

Rep. Deen of Westminster, for the committee on Fish, Wildlife and Water Resources, introduced a bill, entitled

An act relating to funding of the department of fish and wildlife;

Which was read the first time and, under the rule, placed on the Calendar for notice tomorrow.

Bill Referred to Committee on Appropriations

S. 94

Senate bill, entitled

An act relating to relating to establishing an expanded efficiency utility and other matters relating to energy conservation and decreasing the generation of greenhouse gases;

Appearing on the Calendar, carrying an appropriation, under rule 35a, was referred to the committee on Appropriations.

Rules Suspended; Bill Recommitted

H. 543

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 funding of the department of fish and wildlife;

Was taken up for immediate consideration.

Pending second reading of the bill, Rep. Deen of Westminster moved to recommit the bill to the committee on Fish, Wildlife and Water Resources, which was agreed to.

Committee Relieved of Consideration

and Bill Committed to Other Committee

S. 190

Rep. Cheney of Norwich moved that the committee on Natural Resources and Energy be relieved of Senate bill, entitled

An act relating to establishing a Brownfields Advisory Committee;

And that the bill be committed to the committee on Government Operations, which was agreed to.

Committee of Conference Appointed

H. 334

     House bill, entitled

     An act relating to restitution            

     The Speaker appointed as members of the Committee of Conference on the part of the House:

   Rep. Grad of Moretown

   Rep. Donaghy of Poultney

               Rep. Gervais of Ferrisburgh

Proposal of Amendment Agreed to; Third Reading Ordered

S. 13

Rep. Hosford of Waitsfield, for the committee on Education, to which had been referred Senate bill, entitled

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

Reported in favor of its passage in concurrence with proposal of amendment as follows:

By striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  23 V.S.A. § 1282(f) is added to read:

(f)  Subject to department of education rules, which may provide for limited idling in cold or otherwise inclement weather or to ensure the safety of students, the operator of a school bus shall not idle the engine while waiting for children to board or to exit the vehicle at a school and shall not start the engine until ready to leave the school premises.  The department, in consultation with the agency of natural resources, the department of health, and the department of motor vehicles, shall adopt rules to implement this subsection.

Sec. 2.  SCHOOL BOARDS; VEHICULAR IDLING

Nothing in this act or in department of education rules shall prevent a school board from adopting idling policies for motor vehicles other than school buses when present on school premises.

Sec. 3.  EFFECTIVE DATE

This act shall take effect on passage.  The rules required by this act shall take effect beginning in the 2007–2008 academic year.

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

Pending the question, Shall the House propose to the Senate to amend the bill as recommended by the committee on Education?  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 House propose to the Senate to amend the bill as recommended by the committee on Education?   was decided in the affirmative. Yeas, 96.  Nays, 46.

Those who voted in the affirmative are:


Ancel of Calais

Anderson of Montpelier

Andrews of Rutland City

Aswad of Burlington

Atkins of Winooski

Barnard of Richmond

Bissonnette of Winooski

Botzow of Pownal

Bray of New Haven

Browning of Arlington

Chen of Mendon

Cheney of Norwich

Clarkson of Woodstock

Consejo of Sheldon

Copeland-Hanzas of Bradford

Courcelle of Rutland City

Deen of Westminster

Donahue of Northfield

Donovan of Burlington

Dostis of Waterbury

Edwards of Brattleboro

Emmons of Springfield

Evans of Essex

Fisher of Lincoln

Frank of Underhill

French of Randolph

Gervais of Enosburg

Gilbert of Fairfax

Godin of Milton

Haas of Rochester

Head of S. Burlington

Heath of Westford

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

Lorber of Burlington

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

McDonald of Berlin

McFaun of Barre Town

Milkey of Brattleboro

Miller of Shaftsbury

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

O'Donnell of Vernon

Ojibway of Hartford

Orr of Charlotte

Oxholm of Vergennes

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

Rodgers of Glover

Sharpe of Bristol

Smith of Morristown

Stevens of Shoreham

Sweaney of Windsor

Trombley of Grand Isle

Weston of Burlington

Wheeler of Derby

Wright 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

Bostic of St. Johnsbury

Branagan of Georgia

Brennan of Colchester

Clark of St. Johnsbury

Clark of Vergennes

Clerkin of Hartford

Condon of Colchester

Corcoran of Bennington

Devereux of Mount Holly

Donaghy of Poultney

Fallar of Tinmouth

Flory of Pittsford

Helm of Castleton

Howrigan of Fairfield

Hube of Londonderry

Hudson of Lyndon

Johnson of Canaan

Kilmartin of Newport City

Koch of Barre Town

Komline of Dorset

Krawczyk of Bennington

Larocque of Barnet

Larrabee of Danville

LaVoie of Swanton

Lawrence of Lyndon

Livingston of Manchester

Marcotte of Coventry

Morley of Barton

Morrissey of Bennington

Myers of Essex

Otterman of Topsham

Peaslee of Guildhall

Perry of Richford

Peterson of Williston

Scheuermann of Stowe

Shaw of Derby

Spengler of Colchester

Sunderland of Rutland Town

Turner of Milton

Valliere of Barre City

Westman of Cambridge

Winters of Williamstown


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


Canfield of Fair Haven

Davis of Washington

Errecart of Shelburne

Fitzgerald of St. Albans City

Grad of Moretown

McAllister of Highgate

Shand of Weathersfield


 

     Rep. Barnard of Richmond explained her vote as follows:

“Madam Speaker:

     I voted “yes” on this bill for the students of Browns River Middle School who brought this critical environmental and health issue to our attention.  Their research has earned them an A+ in civics, science, language arts and mathematics!”

     Rep. Sunderland of Rutland Town explained his vote as follows:

“Madam Speaker:

     Once again the heavy handed influence of the Vermont Legislature has usurped the authority and autonomy of local school boards.  There is no reason for this body to force this decision on the duly elected members of our communities that serve most ably.  I vote ‘no’ on this bill to honor and preserve local control in our communities and to express my trust and confidence in the wisdom of the Rutland Town School Board.”

Thereupon, third reading was ordered.

Bill Amended, Read Third Time and Passed

H. 540

House bill, entitled

An act relating to public transit;

Was taken up and pending third reading of the bill, Reps. Helm of Castleton and Flory of Pittsford moved to amend the bill as follows:

     By inserting a new section, to be numbered Sec. 13, to read as follows:

Sec. 13  23 V.S.A. § 1201 is amended to read:

§ 1201. OPERATING VEHICLE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR OTHER SUBSTANCE; CRIMINAL REFUSAL

(a) A person shall not operate, attempt to operate, or be in actual physical control of any vehicle on a highway:

(1) when the person's alcohol concentration is 0.08 or more, or 0.02 or more if the person is operating a school bus as defined in subdivision 4(34) of this title; or

(2) when the person is under the influence of intoxicating liquor; or

(3) when the person is under the influence of any other drug or under the combined influence of alcohol and any other drug to a degree which renders the person incapable of driving safely; or

(4) when the person's alcohol concentration is 0.04 or more if the person is operating a commercial motor vehicle as defined in subdivision 4103(4) of this title.

* * *

(g)  For purposes of this section and section 1205 of this title, “vehicle” shall include a tractor as defined in subdivision 4(39) of this title and a farm tractor as defined in subdivision 4(68) of this title. 

Which was agreed to.

Pending third reading of the bill, Rep. Rodgers of Glover moved to amend the bill as follows:

     By adding a new Sec. 8 to read as follows:

Sec. 8.  .23 V.S.A. § 1259(f) is amended to read:

(f) The penalty for violation of this section shall be as follows:

(1) $25.00 for a first violation;

(2) $50.00 for a second violation;

(3) $100.00 for third and subsequent violations $25.00.

Which was disagreed to on a Division vote.  Yeas, 33.  Nays, 78.

Thereupon the bill was read the third time and passed.

Bill Amended; Third Reading Ordered

H. 47

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

     An act relating to approval of amendments to the charter of the city of South Burlington which require voter approval of city and school district budgets;

Reported in favor of its passage when amended as follows:

In Sec. 11 by striking the word “upon” and inserting in lieu thereof “six months after

Rep. Condon of Colchester, for the committee on Ways and Means, recommended the bill ought to pass when amended as recommended by the committee on Government Operations and when further amended as follows:

     First:  In Sec. 1 on page 1, by striking the words " The proposals of amendment were approved by the voters on November 7, 2006." and inserting in lieu thereof " The original proposals of amendment were approved by the voters on November 7, 2006."

     Second:  In Sec. 6, on page 3, by striking subsection (a) on lines 13 through 20, and inserting a new subsection (a) to read:

(a)  Upon adoption of the budgets for the city and the South Burlington school district by the council and board of school directors, respectively (and by the voters in the event that the provisions of section 1309 are applicable), the amounts stated therein as the amount of the budget for the city to be raised by property and poll taxes shall constitute a determination of the amount of the levy for the purposes of the city and school district in the corresponding tax year and the council shall levy such taxes on the grand list furnished by the assessor for the corresponding tax year.  The amounts stated therein as the amount of the budget for the South Burlington school district shall be used to determine the education property tax rates in accordance with 32 V.S.A. § 5402.

     Third:  In Sec. 7, on page 4, line 16, by striking the words "as approved by the" and on line 17 by striking the word "voters"

     Fourth:   In Sec. 9, on page 6, after line 14, by inserting a new subsection (8) to read:

      "(8)  Non-governmental revenue."

and on page 7, after line 10, by inserting a new subsection (g) to read:

     "(g)  Non-governmental revenue includes funds donated to the City or school district by private individuals or organizations, or like items."

and that, when amended as recommended by the Committee on Ways and Means, the bill ought to pass.

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

Bill Amended; Third Reading Ordered

H. 48

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

     An act relating to approval of amendment to the charter of the city of South Burlington authorizing the imposition of a sales, rooms, meals, and alcoholic beverage tax;

Reported in favor of its passage when amended as follows:

     In Sec. 2, 24 App. V.S.A. chapter 13 § 1506(a), by striking “a” and inserting in lieu thereof “up to a one percent”:

Rep. Hube of Londonderry, for the committee on Ways and Means, recommended the bill be amended as follows:

     First:  In Sec. 1 on page 1, by striking the words " The proposals of amendment were approved by the voters on November 7, 2006." and inserting in lieu thereof " The original proposals of amendment were approved by the voters on November 7, 2006."

     Second:  By striking Sec. 2 and inserting a new Sec. 2 to read:

Sec. 2.  24 App. V.S.A. chapter 13 § 1506 is added to read:

§ 1506.  SALES, rooms, MEALS, AND ALCOHOLIC BEVERAGES TAX

(a)  The city council may impose a tax on those transactions in the city involving sales, rooms, meals, and alcoholic beverages which are subject to taxation by the state of Vermont.  The authority of the city council to impose a tax on these transactions was approved by the voters on November 7, 2006.  Imposition of any tax by the city council under this section shall be at the rate or rates specified in section 138 of Title 24, and shall be imposed in accordance with the requirements of subsections 138(a)(2), (c) and (d) of Title 24.

(b)  The city council shall impose a tax authorized by this section by adopting an ordinance in the manner provided by sections 106‑109 of this chapter.

(c)  Sales tax revenue received by the city shall be used to reduce the municipal property tax collected on the city grand list and shall not be used to increase total city revenues.

(d)  Rooms, meals, and alcoholic beverage tax revenues received by the city may, at the sole discretion of the city council, be used in any of the following ways:

(1)  to deposit in a reserve fund established by the city council to fund the purchase of land or for construction or reconstruction of city buildings and infrastructure;

(2)  to reduce the municipal property tax collected on the city grand list without increasing total city revenues; or

(3)  any combination of subdivisions (1) and (2) of this subsection.

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

Thereupon, Rep. Sweaney of Windsor asked and was granted leave of the House to withdraw the report of the committee on Government Operations.

Thereupon, the report of the committee on Ways and Means was agreed to and third reading ordered.

Proposal of Amendment Agreed to; Third Reading Ordered

S. 173

Rep. Gilbert of Fairfax, for the committee on Education, to which had been referred Senate bill, entitled

An act relating to the awarding of high school diplomas to veterans of the Vietnam era;

Reported in favor of its passage in concurrence with proposal of amendment as follows:

In Sec. 1, by striking the following: “from February 28, 1961 through May 7, 1975

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

 

Rules Suspended; Bill Read Third Time and Bill Passed;

Rules Suspended and Bill Ordered Messaged to the Senate Forthwith

H. 47

On motion of Rep. Adams of Hartland, the rules were suspended and House bill entitled,

     An act relating to approval of amendments to the charter of the city of South Burlington which require voter approval of city and school district budgets;

Was placed on all remaining stages of passage.  The bill was read the third time and passed and, on motion of Rep. Adams of Hartland the rules were suspended and the bill was ordered messaged to the Senate forthwith.

Rules Suspended; Bill Read Third Time and Bill Passed;

Rules Suspended and Bill Ordered Messaged to the Senate Forthwith

H. 48

On motion of Rep. Adams of Hartland, the rules were suspended and House bill entitled,

     An act relating to approval of amendment to the charter of the city of South Burlington authorizing the imposition of a sales, rooms, meals, and alcoholic beverage tax;

     Was placed on all remaining stages of passage.  The bill was read the third time and passed and, on motion of Rep. Adams of Hartland the rules were suspended and the bill was ordered messaged to the Senate forthwith.

Proposal of Amendment Agreed to; Third Reading Ordered

S. 78

Rep. Lawrence of Lyndon, for the committee on Agriculture, to which had been referred Senate bill, entitled

An act relating to having the cost of picking up and hauling milk paid by the purchaser;

Reported in favor of its passage in concurrence with proposal of amendment as follows:

By striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  FINDINGS

The general assembly finds:

(1)  Dairy farmers contribute $1 million a day to the economy of Vermont, provide about 7,500 farm jobs, account for $426 million annually in sales for Vermont businesses that interact with dairy farmers, and support businesses, including veterinarians, grain dealers, equipment sales, farm insurance, and other dairy suppliers;

(2)  In January of 2007, there were 1,137 dairy farms with 142,000 milking cows, generating over $2 billion annually in Vermont’s economy through production, employment, and business interaction.

(3)  Vermont's conventional dairy farmers have lost purchasing power in recent decades because the farm gate price paid for their milk has not kept pace with inflation. In 1980, the average price paid was $13.06, which, when adjusted for inflation, is equivalent to $30.95 in 2006 dollars. The average price for milk in 2006 was $12.88.

(4)  The pricing system for payments to farmers for their milk is broken; farmers continue to receive a price for their milk that is below the cost of production.

(5)  Milk and milk products are used as ingredients in thousands of foods, including baked goods, snack food, baby formula, and pet food.  Milk products are used in sit-down and fast food restaurants.  Dairy products are featured in a large proportion of the space in supermarkets.

Sec. 2.  PURPOSE

The purpose of this act is to enable Vermont dairy farmers, processors, and retailers and their supporting infrastructure to achieve a positive return on their labor and investment.  The act also intends to ensure the continuing economic vitality of the dairy industry by stabilizing the price received by farmers for their milk at a level allowing them an equitable rate of return.

Sec. 3.  VERMONT MILK COMMISSION ESTABLISHING AN OVER                                        ORDER PREMIUM

The Vermont milk commission shall establish by rule, pursuant to its authority under chapter 161 of Title 6, an over order premium on Class I fluid cows’ milk, consistent with accepted pricing mechanisms at the farm gate.

Sec. 4.  6 V.S.A. § 2937 is added to read:

§ 2937.  ANNUAL REPORT

The commission shall report annually on its activities to the house and senate committees on agriculture on or before January 15, beginning in 2009.

Sec. 5.  EFFECTIVE DATE; RULE; REPORT

(a)  This act shall take effect on passage.

(b)  The milk commission shall commence the rulemaking process necessary to implement the provisions of this act within 60 days of the effective date.

(c)  The rule shall take effect only if, by rule or legislation, New York and Pennsylvania have enacted substantially comparable provisions for their dairy farmers.

(d)  The milk commission shall report the progress being made on implementing this act to the house and senate agriculture committees on or before November 1, 2007.

and that, upon passage, the title shall read “AN ACT RELATING TO THE VERMONT MILK COMMISSION ESTABLISHING AN OVER ORDER PREMIUM”

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

Rules Suspended; Bill Committed

S. 7

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

An act relating to medical marijuana;

Was taken up for immediate consideration.

Pending the reading of the report of the committee on Human Services, on motion of Rep. Adams of Hartland, the bill was committed to the committee on Judiciary.

Adjournment

At three o’clock and forty-five minutes in the afternoon, 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