Download this document in MS Word format


AutoFill Template

Journal of the House

________________

FRIDAY, APRIL 20, 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 Kim Hornig-Marcy of North Ferrisburgh United Methodist Church.

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 eighteenth day of April, 2007, he approved and signed a bill originating in the House of the following title:

H. 32      An act relating to establishing the town line between                                                   Bakersfield and Fairfield

House Resolution Placed on Calendar

H.R. 16

The committee on Transportation offered a joint resolution, entitled

House resolution urging Congress to continue the federal Essential Air Service subsidy for the Rutland state airport;

Whereas, Rutland is the largest commercial center in southern Vermont, and the Rutland state airport serves as a critical transportation center providing Rutland with an air link to the entire nation, and

Whereas, in fiscal year 2005, the net cost to operate the Rutland state airport was $310,633.00 which is certainly a small price in return for the transportation facility’s $21,699,807.00 economic impact on the greater Rutland region, and

Whereas, an important element in the services that the Rutland state airport offers are the daily Continental Connection flights to and from Boston, and

Whereas, these flights and air service to many smaller communities nationwide are financially feasible only because of the federal Essential Air Service subsidy (EAS), and

Whereas, in exchange for deregulating commercial air passenger service in 1978, Congress established the EAS program in the U.S. Department of Transportation to ensure that the airlines did not abandon those airports serving  smaller, but nonetheless locally important, communities in favor of the far more lucrative revenue available in large urban markets, and

Whereas, the U.S. Department of Transportation has proposed to slash the appropriation for the EAS by more than 50 percent from $107 million to just $50 million, and

Whereas, because of the Rutland state airport’s technical “proximity” to the Manchester airport, which federal transportation authorities designate as a regional hub, Rutland’s commercial air carrier would lose its $850,000.00 federal EAS subsidy, and

Whereas, governmental and business leaders agreed that should the Rutland state airport lose the federal EAS subsidy, the Continental Connection passenger service to Boston would be halted, and

Whereas, the loss of commercial passenger service has implications for the vitality of the airport’s overall operations which, in 2006, included 41,950 takeoffs and landings, and

Whereas, Governor Douglas has written to Federal Aviation Administrator Marion Blakey and to U. S. Secretary of Transportation Mary Peters that the termination of Rutland state airport’s EAS subsidy, and therefore commercial passenger air service “would be economically devastating to the entire southern Vermont region,” and

Whereas, Senator Leahy, Senator Sanders, and Representative Welch have also expressed their strong opposition to the termination of the Rutland state airport’s EAS subsidy, and

Whereas, every effort must be made to retain this crucial source of economic support for southern Vermont, now therefore be it

Resolved by the House of Representatives:

That this legislative body urges Congress to appropriate sufficient funds to the Essential Air Service subsidy program in order to continue the subsidy for commercial passenger service at Rutland State Airport, and be it further

Resolved:  That this legislative body urges Congress to establish a commission to examine the underlying problems related to providing passenger air service to rural communities, and be it further

Resolved:  That this legislative body urges Congress to establish an Office of Rural Aviation within the U.S. Department of Transportation that would have oversight responsibility over EAS contract carriers and that would encourage the growth of passenger air service to rural markets with the goal of reducing or eliminating the need for federal subsidies to the EAS contract carriers, and be it further 

Resolved:  That the clerk of the house be directed to send a copy of this resolution to Vermont Secretary of Transportation Neale Lunderville, to U.S. Secretary of Transportation Mary Peters, to Federal Aviation Administrator Marion Blakey, 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.

Joint Resolution Adopted in Concurrence

J.R.S. 31

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, April 20, 2007, it be to meet again no later than Tuesday, April 24, 2007.

Was taken up read and adopted in concurrence.

Remarks Journalized

On motion of Rep. Howrigan of Fairfield, the following remarks by Rep. Gilbert of Fairfax were ordered printed in the Journal:

“Madam Speaker:

     The Vietnam Veterans bill is identical to what is currently available for WW II and Korean War Vets. Upon passage, a Vietnam Veteran shall receive a diploma upon request.  These diplomas have already been granted to over 170 Veterans; men who were proud of their life time accomplishments and wished to publicly demonstrate the value they placed on education and to set an example for their grandchildren

     The older vets were spotlighted in 2004. Now is the time to acknowledge the service of the Vietnam-Era Generation.

     There are almost 19,000 Vietnam Era Vets in the Nation today, the largest of any veterans group.  Many of my friends are these vets:

     Danny – in the navy, he drove a truck in Texas,

     Big Al – in the army, he unloaded ships at the docks in Saigon,

     John – in the air force, he worked on missile silos in Alaska

     John- in the army, he served in Cambodia before we were officially there and in Vietnam

     Reggie- in the navy, who likes to tell how he started everything when he was on a ship in the Tonkin Gulf.

     Their stories are all different, but they all served as they were asked to.

     Some Vietnam Vets made the conscious choice to serve their country in a time of need. Others served honorably as the result of an active draft, a draft which interrupted their lives at the time their peers were entering the work force or continuing their education.

     We need to recognize that both of these groups had their lives, careers, and families interrupted at the time when many of us were transitioning from entry level jobs into career opportunities.

     The Vietnam era veteran made that transition possible for those of us at home. They were responsible for insulating us from the affairs of the larger world.

     When they returned home, many found  their most pressing responsibility was the need to work to support themselves and their families and that returning to school in their mid-20’s was not an responsible option. These men and women began their careers later than their school aged peers and admirably fulfilled their responsibilities as adults.  What they have learned through service could not have been learned by reading a book.

     A high school Diploma for a Vietnam Vet is not a reward for service but an acknowledgement of what was earned through a life experience that went well beyond the requirements of a high school diploma. I urge the body to support this bill.”

Remarks Journalized

On motion of Rep. McCullough of Williston, the following remarks by Rep. Winters of Williamstown were ordered printed in the Journal:

“Madam Speaker:

     A true friend of agriculture.  As one who has been involved with agriculture in one way or another most of my life – on behalf of all of us -  I want to say thank you.”

Committee Relieved of Consideration

and Bill Committed to Other Committee

S. 52

Rep. Sweaney of Windsor moved that the committee on Government Operations be relieved of Senate bill, entitled

An act relating to motor vehicles, snowmobiles, motorboats, and all-terrain vehicles;

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

Read Third Time and Passed in Concurrence

With Proposal of Amendment

S. 13

Senate bill, entitled

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

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

     By striking Sec. 3, and inserting a new Sec. 3 to read:

Sec. 3.   EFFECTIVE DATE

     This act shall take effect from passage, but shall not apply in any school district unless approved by an affirmative vote of the school board of that district on or before September 1, 2007.

Pending the question, Shall the House propose to the Senate to 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 propose to the Senate to amend the bill as recommended by Rep. Sunderland of Rutland Town?  was decided in the negative.  Yeas, 39.  Nays, 92.

Those who voted in the affirmative are:


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

Canfield of Fair Haven

Clark of St. Johnsbury

Condon of Colchester

Corcoran of Bennington

Donaghy of Poultney

Errecart of Shelburne

Flory of Pittsford

Hube of Londonderry

Hudson of Lyndon

Johnson of Canaan

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

McFaun of Barre Town

Monti of Barre City

Morley of Barton

Morrissey of Bennington

Myers of Essex

Otterman of Topsham

Peaslee of Guildhall

Scheuermann of Stowe

Sunderland of Rutland Town

Valliere of Barre City

Westman of Cambridge

Winters of Williamstown


Those who voted in the negative are:


Acinapura of Brandon

Ancel of Calais

Anderson of Montpelier

Andrews of Rutland City

Aswad of Burlington

Atkins of Winooski

Bissonnette of Winooski

Botzow of Pownal

Bray of New Haven

Browning of Arlington

Chen of Mendon

Cheney of Norwich

Clarkson of Woodstock

Clerkin of Hartford

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

Fallar of Tinmouth

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

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

Lorber of Burlington

Maier of Middlebury

Marek of Newfane

Martin, C. of Springfield

Martin of Wolcott

Masland of Thetford

McCormack of Rutland City

McCullough of Williston

McDonald of Berlin

Milkey of Brattleboro

Miller of Shaftsbury

Minter of Waterbury

Mitchell of Barnard

Mook of Bennington

Moran of Wardsboro

Mrowicki of Putney

Nease of Johnson

Nuovo of Middlebury

Obuchowski of Rockingham

Ojibway of Hartford

Orr of Charlotte

Oxholm of Vergennes

Partridge of Windham

Pearson of Burlington

Pellett of Chester

Perry of Richford

Pillsbury of Brattleboro

Potter of Clarendon

Pugh of S. Burlington

Randall of Troy

Rodgers of Glover

Sharpe of Bristol

Smith of Morristown

Spengler of Colchester

Stevens of Shoreham

Sweaney of Windsor

Turner of Milton

Weston of Burlington

Wheeler of Derby

Wright of Burlington

Zenie of Colchester

Zuckerman of Burlington


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


Barnard of Richmond

Brennan of Colchester

Clark of Vergennes

Davis of Washington

Devereux of Mount Holly

Fitzgerald of St. Albans City

Grad of Moretown

Helm of Castleton

Krawczyk of Bennington

LaVoie of Swanton

Malcolm of Pawlet

McAllister of Highgate

O'Donnell of Vernon

Peltz of Woodbury

Peterson of Williston

Shand of Weathersfield

Shaw of Derby

Trombley of Grand Isle


 

     Rep. Branagan of Georgia explained her vote as follows:

“Madam Speaker:

     I am disappointed at the defeat of this amendment.  It was about local control and understanding local needs.  It was about common sense.  Have we really come to the point where the Legislature does not trust local school boards to make the right decision on something as small as how long the school bus engines should be allowed to run?”

     Thereupon, the bill was read a third time and passed in concurrence with proposal of amendment.

Proposal of Amendment Agreed to; Bill Ordered to Lie

S. 78

Senate bill, entitled

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

Having appeared on the Calendar one day for notice, was taken up and pending third reading of the bill, Rep. Lawrence of Lyndon moved that the House propose to the Senate to amend the bill as follows:

     First:  By striking Sec. 2 in its entirety and adding in lieu thereof a new Sec. 2 to read as follows:

Sec. 2.  PURPOSE

The purpose of this act is:

(1) to enable Vermont dairy farmers, processors, and retailers and their supporting infrastructure to achieve a positive return on their labor and investment. 

(2) 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.

(3) to achieve an over-order premium that will offset the hauling and stop charges assessed against dairy farmers.

     Second: In Sec. 3 by designating the existing paragraph as paragraph (a) and by adding subsection (b) to read as follows:

(b) In establishing the over-order premium, the commission shall investigate and ascertain what are reasonable costs and charges for producing, hauling and stop charges, handling, processing and any other services performed in respect to fluid dairy products.

     Third: In Sec. 5 by striking subsection (d) in its entirety and adding in lieu thereof the following:

(d)  The milk commission shall report the progress being made on implementing Sec. 3(a) of this act and findings from Sec. 3(b) of this act to the house and senate committees on agriculture on or before November 1, 2007.

Which was agreed to.

Pending third reading of the bill, Rep. Lawrence of Lyndon moved that the bill be ordered to lie, which was agreed to.

Third Reading; Bill Passed in Concurrence

With Proposal of Amendment

S. 173

Senate bill, entitled

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

Was taken up, read the third time and passed in concurrence with proposal of amendment.

Bill Amended; Third Reading Ordered

H. 453

Rep. Botzow of Pownal, for the committee on Commerce, to which had been referred House bill, entitled

An act relating to the Job Start Program;

Reported in favor of its passage when amended as follows:

First:  Before Sec. 1, by adding a new Sec. 1 to read as follows:

Sec. 1.  FINDINGS; PURPOSE

(a)  The general assembly finds:

(1)  Beginning in 2002 the Job Start Board began a process of evaluation and consultation with stakeholders to chart a course of sustainability and relevancy for the Job Start Program.

(2)  As part of this process in January 2005 the Vermont economic development authority (VEDA) and Central Vermont Community Action Council jointly funded a report,  Job Start Analysis and Recommendations, by consultant Sleeping Lion Associates. The report found: “Statewide access to flexible character-based lending is both desirable and needed for microenterprises.” One of the recommendations for making Job Start viable and sustainable was that clear ownership and accountablitiy for the entire program needed to rest in a single entity committed to serving low-income people with credit and financial services.

(3)  In response to the presentation of the report to a meeting of stakeholders in June of 2005, two entities, Community Capital of Vermont and Opportunities Credit Union, expressed interest in administering Job Start.

(4)  In October 2005 the Job Start board sent out a request for information proposals (RFI) to stakeholders. RFI’s were received from Community Capital of Vermont and Opportunities Credit Union.

(5)  In January 2006 the two entities presented their proposals to the Job Start Board.

(6)  In July 2006 the board approved a motion to ask Community Capital of Vermont to develop a plan to restructure Job Start in consultation with Opportunities Credit Union, the Office of Economic Opportunity (OEO) and the Job Start staff.

(7)  In September 2006 the board approved Community Capital’s proposal.

(b)  In response to these findings, it is the purpose of this act to ratify the agreement to restructure Job Start by moving the program from VEDA to OEO who will appoint a nonprofit as the program administrator that has met the criteria in Sec. 2 of this act and has the recommendation of the Job Start Advisory Board  and VEDA.

and by renumbering the following sections to be numerically correct

Second:  In Sec. 1, to be Sec. 2, 3 V.S.A. § 3721(b)(1), by striking subdivisions (C) and (H) and by renumbering the remaining subdivisions to be alphabetically correct

Third:  By striking Sec. 4, to be Sec. 5, in its entirety and inserting a new Sec. 5 to read as follows:

Sec. 5.  OFFICE OF ECONOMIC OPPORTUNITY GRANT FOR MICROENTERPRISE LENDING

After the effective date of this act, the office of economic opportunity may issue a one-time grant of no more than $40,000.00 from the job start revolving loan fund to a community development financial institution for the purposes of making microenterprise loans with the same criteria and performance requirements as the job start program.

Rep. Larson of Burlington, for the committee on Appropriations, recommended that the bill be amended as follows:

     First:  In Sec. 1, 3 V.S.A. §3721in subdivision (b)(2), on page 3, line 10, by deleting the word “its” and on line 11, by deleting the word “as

     Second:  In Sec.  1, 3 V.S.A. §3721in subdivision (b)(4), on page 4, by striking the final sentence that begins on line 6 and inserting in lieu thereof:

The house committees on commerce and appropriations and the senate committees on economic development, housing and general affairs and appropriations shall also receive a copy of this report annually.

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

Senate Proposal of Amendment Concurred in

H. 400

     The Senate proposed to the House to amend House bill, entitled

     An act relating to recapture of health insurance benefits by Group C members of the Vermont State Retirement System;

     By adding a new Sec. 1a to read:

Sec. 1a.  3 V.S.A. § 477a(d) is amended to read:

(d) Any member may elect to have included in the member's creditable service all or any part of the member's service as a permanent state employee for which the member received no credit. Any member who so elects shall deposit in the annuity savings fund by a single contribution the amount or amounts determined by the system's actuary to be cost neutral to the system. Any group F member may elect to increase his or her retirement allowance for years of service as a group E member prior to January 1, 1991, for 1-1/4 percent of average final compensation to 1-2/3 percent of average final compensation. A member making an election under this subdivision shall deposit in the annuity savings fund by a single contribution an amount computed at regular interest to be sufficient to provide at normal retirement an annuity equal to 1-2/3 percent of the member's average final compensation multiplied by the number of years of service for which the member elects to increase his or her retirement allowance.  Any group F member who is actively employed on June 30, 2007, and who was a member of the group B plan prior to June 30, 1998, may elect to convert some or all of his or her group B service to group C service.  A member making an election to convert shall deposit in the fund by a single contribution an amount computed by the actuary to pay for the additional liability incurred by the increase in benefits between the group B and the group C plan multiplied by the number of years of service which the member elects to convert.

     Which proposal of amendment was considered and concurred in.

Message from the Senate No. 54

     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 a bill originating in the House of the following title:

H. 528.  An act relating to approval of amendment to the charter of the city of Montpelier.

     And has passed the same in concurrence.

The Senate has considered House proposals of amendment to Senate bill entitled:

S. 37.  An act relating to mosquito control.

And has refused to concur therein and asks for a Committee of Conference upon the disagreeing votes of the two Houses;

The President pro tempore announced the appointment as members of such Committee on the part of the Senate:

          Senator Giard

          Senator Starr

          Senator Maynard

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

     S.C.R. 20.  Senate concurrent resolution congratulating Steve Locke and David Rowlee on the completion of their leadership service at the Vermont Professional Firefighters Association.

     S.C.R. 21.  Senate concurrent resolution honoring Pati Papineau for her leadership roles as a mentor for young women, a broadcast journalist, and for her religious and community-based charitable activities.

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

     H.C.R. 117.  House concurrent resolution congratulating Evelyn weeks of Bellows Falls on her selection as the 2007 Great Falls Regional Chamber of Commerce Person of the Year.

     H.C.R. 118.  House concurrent resolution honoring Philip R. Benedict for his 36 of exemplary service at the Vermont Agency of Agriculture, Food and Markets.

     H.C.R. 119.  House concurrent resolution congratulating Harwood Union High School students’ award-winning jazz musicianship.

     H.C.R. 120.  House concurrent resolution congratulating the 2007 Mount Abraham Union High School Eagles Division II championship boys’ basketball team.

     H.C.R. 121.  House concurrent resolution honoring the Middlebury Union Middle School 2007 MATHCOUNTS® Vermont state championship team.

     H.C.R. 122.  House concurrent resolution honoring the musical choral ensemble Counterpoint and congratulating Robert De Cormier on his receipt of an honorary degree from Middlebury College.

Message from the Senate No. 55

     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 a bill originating in the House of the following title:

H. 405.  An act relating to capital construction and state bonding.

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

Adjournment

At ten o’clock  and fifty-five minutes in the forenoon, on motion of Rep. Komline of Dorset, the House adjourned until Tuesday, April 24, 2007, at ten o’clock in the forenoon, pursuant to the provisions of J.R.S. 31.

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. 117

House concurrent resolution congratulating Evelyn Weeks of Bellows Falls on her selection as the 2007 Great Falls Regional Chamber of Commerce Person of the Year;

H.C.R. 118

     House concurrent resolution honoring Philip R. Benedict for his 36 years of exemplary service at the Vermont Agency of Agriculture, Food and Markets;

H.C.R.  119

House concurrent resolution congratulating Harwood Union High School students’ award-winning jazz musicianship;

H.C.R.  120

House concurrent resolution congratulating the 2007 Mount Abraham Union High School Eagles Division II championship boys’ basketball team;

H.C.R.  121

House concurrent resolution honoring the Middlebury Union Middle School 2007 MATHCOUNTS® Vermont state championship team;

H.C.R.  122

House concurrent resolution honoring the musical choral ensemble Counterpoint and congratulating Robert De Cormier on his receipt of an honorary degree from Middlebury College;

S.C.R. 20.

     Senate concurrent resolution congratulating Steve Locke and David Rowlee on the completion of their leadership service at the Vermont Professional Firefighters Association;

S.C.R. 21.

     Senate concurrent resolution honoring Pati Papineau for her leadership roles as a mentor for young women, a broadcast journalist, and for her religious and community-based charitable activities;

     [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