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Journal of the House



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

Devotional Exercises

Devotional exercises were conducted by Representative Carolyn Branagan of Georgia.

Message from the Senate No. 58

     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. 148.  An act relating to the child abuse registry.

H. 154.  An act relating to stormwater management.

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. 34.  Joint resolution relating to weekend adjournment.

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

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

S. 77.  An act relating to transferring title to a motor vehicle to a surviving spouse

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

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

          Senator Mullin

          Senator Campbell

          Senator Sears

Pursuant to the request of the House for a Committee of Conference on the disagreeing votes of the two Houses on House bill entitled:

H. 334.  An act relating to restitution.

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

          Senator Nitka

          Senator Mullin

          Senator Sears

House Resolution Adopted

H.R. 19

Rep. Grad of Moretown offered a House resolution, entitled

House resolution honoring victims of crime and designating the week of April 22-29 as National Victims of Crime Week in Vermont;

Whereas, 2007 marks the 17th annual Vermont commemoration of National Crime Victims' Rights Week, and

Whereas, all crime victims suffer violation of their persons, property, and trust, and, last year, over 64,000 crimes were reported to have occurred in Vermont, and

Whereas, policymakers in Vermont have recognized and embraced the need to empower crime victims and seek to make them the center of state policy in our criminal and juvenile justice systems, and

Whereas, members of the general public, both in their professional roles as clergy, educators, employers, medical professionals, and public servants, and as volunteer community members, work to support and help crime victim‑survivors in their recovery, and this house acknowledges gratefully their dedication and service, and

Whereas, within Vermont, important public and private partnerships have been forged among criminal and juvenile justice agencies, allied professionals, and social service providers to ensure that crime victims are treated with the dignity and respect they deserve, and

Whereas, the victims' rights movement in Vermont has broadened efforts to develop and expand community-based supports while helping victim-survivors rebuild their lives, now therefore be it

Resolved by the House of Representatives:

That this legislative body recognizes the courage and selflessness of members of the Vermont Victim-Survivor of Crime Council who have turned personal tragedy into a motivating force to improve the rights and treatment of other victims of crime and build a better, more just community in Vermont and the nation, and be it further

Resolved:  That this legislative body recognizes the importance of ensuring that crime victims are afforded the greatest possible right to participate in their criminal justice process and encourages efforts to achieve this important goal throughout the year, and be it further

Resolved:  That this legislative body designates the week of April 22–29 as National Crime Victims’ Rights Week in Vermont, and be it further

Resolved:  That the clerk of the house be directed to send a copy of this resolution to Judy Rex, executive director of the center for crime victim services in Waterbury.

Which was read and adopted.

Joint Resolution Referred to Committee

J.R.H. 26

Reps. Obuchowski of Rockingham, Pearson of Burlington, McFaun of Barre Town, Ancel of Calais, Anderson of Montpelier, Andrews of Rutland City, Aswad of Burlington, Atkins of Winooski, Audette of S. Burlington, Barnard of Richmond, Bissonnette of Winooski, Botzow of Pownal, Bray of New Haven, 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, Devereux of Mount Holly, Donovan of Burlington, Dostis of Waterbury, Edwards of Brattleboro, Emmons of Springfield, Evans of Essex, Fallar of Tinmouth, 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, 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, Larson of Burlington, Lenes of Shelburne, Leriche of Hardwick, Lippert of Hinesburg, Lorber of Burlington, Maier of Middlebury, Malcolm of Pawlet, Manwaring of Wilmington, Marcotte of Coventry, Marek of Newfane, Martin 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, Moran of Wardsboro, Morley of Barton, Mrowicki of Putney, Nease of Johnson, Nuovo of Middlebury, O'Donnell of Vernon, Ojibway of Hartford, Orr of Charlotte, Partridge of Windham, Pellett of Chester, Peltz of Woodbury, Perry of Richford, Pillsbury of Brattleboro, 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, Westman of Cambridge, Weston of Burlington, Wheeler of Derby, Zenie of Colchester and Zuckerman of Burlington offered a joint resolution, entitled

Joint resolution urging Congress to enact H.R. 676, the National Health Insurance Act (or the Expanded and Improved Medicare for All Act);

Whereas, every person in Vermont and in the United States deserves access to affordable, quality health care, and

Whereas, there is a growing crisis in health care in the United States of America, manifested in rising health care costs, increased premiums, increased out-of-pocket spending, and decreased international business competitiveness, and

Whereas, approximately 61,000 Vermonters lacked health insurance as of 2005, and

Whereas, consumer health care insurance costs have grown considerably since 2000, and these expanded costs have resulted in higher school and municipal budgets which increase the property tax burden placed on all Vermonters, and

Whereas, the establishment of new small businesses can be a major force contributing to an improved Vermont economy, and health care concerns should not be a barrier to this important economic stimulus, and

Whereas, many individuals are dissuaded from establishing their own business enterprises because they fear that leaving their current job will mean a loss of health insurance coverage, and

Whereas, those insured are all too often underinsured, and

Whereas, one-half of all personal bankruptcies are due to illnesses or medical bills, and

Whereas, the increasing expense of Medicaid and the rising costs of insuring public sector employees can best be met by creating a national publicly funded health insurance program, and

Whereas, the complex bureaucracy arising from our fragmented, for-profit, multi-payer system of health care financing consumes approximately 30 percent of U.S. health care spending while Medicare has a three-percent overhead, and

Whereas, U.S. Representative John Conyers has introduced H.R.676, the United States National Health Insurance Act (or the Expanded and Improved Medicare for All Act), and

Whereas, this act would provide a universal and comprehensive system of high quality national health insurance, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly urges Congress to enact H.R.676, the United States National Health Insurance Act (or the Expanded and Improved Medicare for All Act), and be it further

Resolved:  That the secretary of state be directed to send a copy of this resolution to the members of the Vermont Congressional Delegation.

Which was read and, in the Speaker’s discretion, treated as a bill and referred to the committee on Health Care.

Proposal of Amendment Agreed to; Third Reading Ordered

S. 39

Rep. Milkey of Brattleboro, for the committee on Health Care, to which had been referred Senate bill, entitled

An act relating to health insurance plan reimbursement for covered services by naturopathic physicians;

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.  8 V.S.A. § 4088d is added to read:



(a)  A health insurance plan shall provide coverage for medically necessary health care services covered by the plan when provided by a naturopathic physician licensed in this state for treatment within the scope of practice described in chapter 81 of Title 26.  Health care services provided by naturopathic physicians may be subject to reasonable deductibles, co-payment and co-insurance amounts, fee or benefit limits, practice parameters,

cost-effectiveness and clinical efficacy standards, and utilization review consistent with any applicable regulations published by the department of banking, insurance, securities, and health care administration. Any amounts, limits, standards, and review shall not function to direct treatment in a manner unfairly discriminative against naturopathic care, and collectively shall be no more restrictive than those applicable under the same policy to care or services provided by other health care providers, but may allow for the management of the benefit consistent with variations in practice patterns and treatment modalities among different types of health care providers.  A health insurance plan may require that the naturopathic physician’s services be provided by a licensed naturopathic physician under contract with the insurer or shall be covered in a manner consistent with out-of-network provider reimbursement practices for primary care providers.  Nothing contained herein shall be construed as impeding or preventing either the provision or the coverage of health care services by licensed naturopathic physicians, within the lawful scope of naturopathic practice, in hospital facilities on a staff or employee basis.

(b)  As used in this section, “health insurance plan” means any individual or group health insurance policy, any hospital or medical service corporation or health maintenance organization subscriber contract, or any other health benefit plan offered, issued, or renewed for any person in this state by a health insurer, as defined by 18 V.S.A. § 9402.  The term shall not include benefit plans providing coverage for specific disease or other limited benefit coverage.


This act shall be effective on October 1, 2007.

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 of the committee on Health Care agreed to and third reading ordered.

Proposal of Amendment Agreed to; Bill Read Third Time and Passed in Concurrence With Proposals of Amendment

S. 54

Senate bill, entitled

An act relating to motor vehicle wreckers;

Was taken up, and pending third reading of the bill, Rep. Brennan of Colchester moved to amend the House proposal of amendment as follows:

     First:  In Sec. 1, by striking out 23 V.S.A. § 4(51) and inserting in lieu thereof a new subdivision (51) to read as follows:

(51)  “Single-axle tow dolly” is a vehicle towed by a self-propelled motor vehicle and designed and used exclusively to transport another self-propelled motor vehicle which shall not be required to be registered and upon which the front or rear wheels of the towed self-propelled motor vehicle are mounted, while the other  wheels of the towed self-propelled motor vehicle remain in contact with the ground.  These vehicles shall not be subject to registration or titling nor shall they be treated as a separate vehicle when used in combination with another vehicle.  They shall be subject to equipment safety requirements.

     Second:  In Sec. 2, 23 V.S.A. § 4(77) by adding a new sentence after the period to read as follows:  "The towed vehicle shall not be required to be registered."

     Which was agreed to.

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

Bill Committed

H. 545

House bill, entitled

An act relating to the agency of human services;

Appearing on the Calendar for action, was taken up and pending second reading the bill, on motion of Rep. Evans of Essex, the bill was committed to the committee on Human Services.

Action on Bill Postponed

S. 133

Senate bill, entitled

An act relating to the operation of a motor vehicle by junior operators and primary safety belt enforcement;

Was taken up and pending the reading of the report of the committee on Judiciary, on motion of Rep. Grad of Moretown, action on the bill was postponed until Tuesday, May 1, 2007.

Joint Resolution Adopted

J.R.H. 25

Joint resolution, entitled

Joint resolution authorizing the commissioner of forests, parks and recreation to enter into land exchanges;

Was taken up and adopted on the part of the House.

Bill Messaged to Senate Forthwith

S. 54

     Senate bill, entitled

An act relating to motor vehicle wreckers;

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


At one o’clock and fifty-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