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Journal of the House

________________

MONDAY, MAY 7, 2007

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

Devotional Exercises

Devotional exercises were conducted by Speaker Gaye Symington of Jericho, VT.

Message from the Senate No. 69

     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. 546.  An act relating to compensation and retirement benefits for certain state employees and emergency management.

And has passed the same in concurrence.

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

H. 522.  An act relating to the viability of Vermont agriculture.

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 considered joint resolutions originating in the House of the following titles:

J.R.H. 21.  Joint resolution in support of the worldwide ONE campaign and urging Congress to appropriate and the President to spend an additional one percent of the federal budget on the goals of the ONE campaign

J.R.H. 28.  Joint resolution commemorating the 25th anniversary of the Vermont Vietnam Veterans Memorial and all Vietnam War Veterans.

And has adopted the same in concurrence.

The Senate has considered House proposal of amendment to Senate proposal of amendment to House bill of the following title:

H. 523.  An act relating to moving families out of poverty.

And has concurred therein

The Senate has considered the report of the Committee of Conference upon the disagreeing votes of the two Houses upon Senate bill of the following title:

S. 37.  An act relating to mosquito control.

And has accepted and adopted the same on its part.

Pursuant to the request of the House for Committees of Conference on the disagreeing votes of the two Houses on the following House bills the President announced the appointment as members of such Committees on the part of the Senate:

H. 520.  An act relating to the conservation of energy and increasing the generation of electricity within the state by use of renewable resources.

          Senator Cummings

          Senator Lyons

          Senator McCormack

H. 531.  An act relating to ensuring success in health care reform.

          Senator Racine

          Senator Flanagan

          Senator Mullin

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

     S.C.R. 22.  Senate concurrent resolution commending the State House cafeteria management and staff for their outstanding work during the first year of the 2007-2008 biennium.

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

     H.C.R. 125.  House concurrent resolution congratulating Liz Stephen on her accomplishments as a competitive Nordic skier.

     H.C.R. 126.  House concurrent resolution in memory of former Representative J. Russell Carpenter and of M. Ellen Carpenter.

     H.C.R. 127.  House concurrent resolution congratulating the nursing staff at Southwestern Vermont Medical Center on the center’s second designation as a Magnet® hospital.

     H.C.R. 128.  House concurrent resolution commemorating the 75th anniversary of the Green Mountain National Forest.

     H.C.R. 129.  House concurrent resolution honoring state employees during Public Service Recognition Week.

     H.C.R. 130.  House concurrent resolution honoring Vermont Adaptive Ski and Sports and the participating athletes on its Sugarbush ski team.

     H.C.R. 131.  House concurrent resolution congratulating the Vermont Business Roundtable on its 20th anniversary.

     H.C.R. 132.  House concurrent resolution honoring Dan Collins for over 40 years of superb service as a public educator.

     H.C.R. 133.  House concurrent resolution honoring Northfield fire chief William C. Lyon.

     H.C.R. 134.  House concurrent resolution honoring Sandra Demasi Kingsley for her outstanding 32-year career on the administrative staff at Norwich University.

     H.C.R. 135.  House concurrent resolution congratulating the Community High School of Vermont on earning accreditation from the New England Association of Schools and Colleges.

     H.C.R. 136.  House concurrent resolution congratulating Collin Bigras on being named to the 2007 Sub-Junior All-American Trapshooting First Team.

     H.C.R. 137.  House concurrent resolution honoring the role of foster parents during foster parent month.

     H.C.R. 138.  House concurrent resolution congratulating Thomas Secoy on winning the 2007 Vermont Arbor Day poster contest.

     H.C.R. 139.  House concurrent resolution commemorating the 25th anniversary of the Vietnam Veterans Memorial, “The Wall,” in Washington, D.C. and all Vietnam War Veterans.

     H.C.R. 140.  House concurrent resolution welcoming the FISA’s 2007 international rowing tour on the Connecticut Rive.

     H.C.R. 141.  House concurrent resolution congratulating the Route 100B Byway Committee on the designation of the Mad River Byway.

Message from the Senate No. 70

     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 House proposal of amendment to Senate proposal of amendment to Senate bill of the following title:

S. 78.  An act relating to having the cost of picking up and hauling milk paid by the purchaser.

And has concurred therein.

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

S. 115.  An act relating to increasing transparency of prescription drug pricing and information.

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 MacDonald

          Senator Flanagan

          Senator Cummings

Pursuant to the request of the House for Committees of Conference on the disagreeing votes of the two Houses on the following House bills the President pro tempore announced the appointment as members of such Committees on the part of the Senate:

H. 15.  An act relating to a statewide school year calendar.

          Senator Collins

          Senator Doyle

          Senator Starr

H. 248.  An act relating to the establishment of the Vermont Telecommunications Authority to advance broadband and wireless communications infrastructure throughout the state.

          Senator Illuzzi

          Senator Miller

          Senator Carris

Bill Referred to Committee on Appropriations

S. 67

Senate bill, entitled

An act relating to closure of the Bennington State Office building;

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

House Resolution Referred to Committee

H.R. 22

Reps. Botzow of Pownal, Clarkson of Woodstock, Jewett of Ripton, Adams of Hartland, Ainsworth of Royalton, Branagan of Georgia, Bray of New Haven, Browning of Arlington, Copeland-Hanzas of Bradford, Courcelle of Rutland City, Davis of Washington, Deen of Westminster, Devereux of Mount Holly, Dostis of Waterbury, Errecart of Shelburne, Evans of Essex, Fallar of Tinmouth, Fisher of Lincoln, French of Randolph, Haas of Rochester, Hosford of Waitsfield, Hutchinson of Randolph, Johnson of South Hero, Johnson of Canaan, Kitzmiller of Montpelier, Krawczyk of Bennington, Larrabee of Danville, Lawrence of Lyndon, Leriche of Hardwick, Maier of Middlebury, Malcolm of Pawlet, Manwaring of Wilmington, Marcotte of Coventry, Martin of Springfield, Martin of Wolcott, Masland of Thetford, McAllister of Highgate, Miller of Shaftsbury, Mook of Bennington, Moran of Wardsboro, Morrissey of Bennington, Mrowicki of Putney, Nuovo of Middlebury, Obuchowski of Rockingham, Otterman of Topsham, Pellett of Chester, Peltz of Woodbury, Perry of Richford, Potter of Clarendon, Randall of Troy, Rodgers of Glover, Shand of Weathersfield, Sharpe of Bristol, Smith of Morristown, Stevens of Shoreham, Winters of Williamstown and Zuckerman of Burlington offered a House resolution, entitled

House resolution authorizing an interim study committee to develop legislation related to forestry;

Whereas, Vermont is the Green Mountain State, named for its abundant forested mountains, and forests comprise 78 percent of the state’s landscape, and

Whereas, throughout our history, Vermont landowners, foresters, loggers, farmers, and conservationists have worked and invested to make the forest the treasure it is today, and

Whereas, Vermont conservationists George Perkins Marsh and, later, Joseph Battell led the way in promoting the importance of conserving forests as an economic and ecological resource for both current and future generations, and

Whereas, the forests of Vermont provide its citizens and visitors with diverse resources, including timber, wildlife habitat, recreational opportunities, biodiversity, clean water, and clean air, and are the backdrop of our attraction to tourists, and

Whereas, the science and art of sustainable forestry is the critical element in the long-term conservation of Vermont’s forest ecosystems, and

Whereas, healthy forests support the long-term stewardship of Vermont’s ecology, economy, and rural culture, and

Whereas, sustainably harvested low-quality wood can play an important role in Vermont’s energy future and carbon reduction efforts, and

Whereas, the current use program enables owners of over 1.5 million acres to manage their land as productive and working forests, and 

Whereas, primary forest workers, including forest managers, loggers, truckers and wood mill personnel, are contributing to maintaining Vermont’s forested landscape and to the state’s economic well-being, and

Whereas, the secondary forest-based employment opportunities in the Vermont wood products’ industry are expanding as this industry continues to grow, and

Whereas, a considerable portion of the wood that is harvested from Vermont’s forests will become the raw material for the Vermont-labeled furniture and other wood-based products that are highly valued in the national and international marketplace, and

Whereas, the general assembly is committed to working cooperatively with the executive branch of state government and with Congress and the federal administrative agencies to address issues that are important to the future health of Vermont’s forests, now therefore be it

Resolved by the House of Representatives:

That a six-member interim house study committee is established to examine critically important forestry issues, including access to capital, the operation of the workers’ compensation system, curbing the parcelization of Vermont land, reviewing the operation of the current use program, modernizing and opening more wood mills, using more low-quality wood for energy production and to reduce carbon emissions, and other topics related to the future of Vermont’s forests, and be it further

Resolved:  That the speaker of the house is authorized to appoint six members of the house of representatives, not all of the same political party, to the committee who shall be entitled to per diem expenses in accordance with the provisions of section 1052 of Title 32, and be it further

Resolved:  That the committee shall be authorized to meet four times during the 2007 interim, and the legislative council and the joint fiscal office shall provide the committee with professional and clerical support, and be it further

Resolved:  That the committee shall prepare its findings and recommendations in the form of legislation to be introduced in the 2008 legislative session. 

Which was read and referred to the committee on Appropriations.

Member Replaced on Committee of Conference

S. 7

The Speaker announced that she has appointed Rep. Pugh of South Burlington to replace Rep. Donahue of Northfield on the Committee of Conference on Senate bill, entitled

An act relating to the compassionate use of marijuana for medical purposes.

Committee of Conference Appointed

S. 115

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

     An act relating to increasing transparency of prescription drub pricing and information;

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

   Rep. Chen of Mendon

   Rep. Copeland-Hanzas of Bradford

               Rep. Maier of Middlebury

Third Reading; Resolution Adopted

J.R.H. 26

Joint resolution bill, entitled

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

Was taken up, read the third time and adopted.

Proposal of Amendment Agreed to; Third Reading Ordered

S. 167

Rep. Jerman of Essex, for the committee on Government Operations, to which had been referred Senate bill, entitled

An act relating to voter registration;

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.  17 V.S.A. § 2144 is amended to read:

§ 2144.  DEADLINE FOR APPLICATIONS

(a)   The town clerk shall not accept applications for persons’ names to be placed on the checklist after 12:00 noon 5:00 p.m. on the second Monday Wednesday preceding the day of the election.  The town clerk’s office shall be kept open on the second Monday Wednesday preceding the day of the election from no later than 10:00 a.m. until 12:00 noon 3:00 p.m. until 5:00 p.m., for the purpose of receiving applications for addition to the checklist.  For purposes of this subsection, a mail application or an application submitted to the department of motor vehicles in connection with a motor vehicle driver’s license or an application accepted by a voter registration agency shall be considered to have met the filing deadline established by this subsection if the application is postmarked, submitted or accepted by 12:00 noon 5:00 p.m. of the second Monday Wednesday preceding the day of the election.

(b)  If a person is not eligible to register prior to the second Monday before the day of election voter registration deadline, but expects to be eligible on or before election day, he or she may file with the town clerk a written notice of intention to apply for addition of his or her name to the checklist.  The notice shall be filed prior to noon of the second Monday preceding the day of election the voter registration deadline, and the town clerk shall then accept the person's application at any time before the close of the polls on election day, and act upon the application forthwith.

(c)  If a person is not eligible to register prior to the second Monday before the day of the election voter registration deadline, and has submitted a written notice of intent to apply in accord with subsection (b) of this section, the clerk shall, upon application, allow the applicant to vote absentee. If the application is approved and the name added to the checklist prior to the close of the polls on election day, the early or absentee ballots cast by that voter shall be treated as other valid early or absentee ballots.

* * *

Sec. 2.  17 V.S.A. § 2351 is amended to read:

§ 2351.  PRIMARY ELECTION

A primary election shall be held on the second third Tuesday of September August in each even numbered even-numbered year for the nomination of candidates of major political parties for all offices to be voted for at the succeeding general election, except candidates for president and vice-president of the United States, their electors, and justices of the peace.

Sec. 3.  17 V.S.A. § 2353(a) is amended to read:

(a)  The name of any person shall be printed upon the primary ballot as a candidate for nomination by any major political party for any office indicated, if petitions containing the requisite number of signatures made by legal voters, in substantially the following form, are filed with the proper official, together with the person's written consent to having his name printed on the ballot:

STATE OF VERMONT  

County of  ............................... )          

       ss.

     City (town) of  .......................... )

I join in a petition to place on the primary ballot of the ............................................................... party the name of  ...................., whose residence is in the (city), (town) of  .................... in the county of ..............................., for the office of  .................... to be voted for on Tuesday, the  ............... day of September August, 20  .......; and I certify that I am at the present time a registered voter and am qualified to vote for a candidate for this office.

Sec. 4.  17 V.S.A. § 2369 is amended to read:

§ 2369.  DETERMINING WINNER; TIE VOTES

Persons who receive a plurality of all the votes cast by a party in a primary shall be candidates of that party for the office designated on the ballot.  If two or more candidates of the same party are tied for the same office, the choice among those tied shall be determined:

(1)  Upon five days' notice, by the state committee of a party, for a state or congressional office;

(2)  By run-off election for a county office, for a state senator, or for a representative to the general assembly.  The run-off election shall be held on the fourth second Tuesday of September and shall be conducted in the same manner as the primary election.

Sec. 5.  17 V.S.A. § 2413(a) is amended to read:

(a)  The party members in each town, on or before the first third Tuesday of September August in each even numbered even-numbered year, upon the call of the town committee, may meet in caucus and nominate candidates for justice of the peace.  The committee shall give notice of the caucus as provided in subsection (d) of this section and the chairman and secretary shall file the statements required in sections 2385 through 2387 of this title.

Sec. 6.  17 V.S.A. § 2532 is amended to read:

§ 2532.  APPLICATIONS; FORM

* * *

(b)  A person temporarily residing in a foreign country who is eligible to register to vote in this state, or a military service absentee voter who is eligible to register to vote in this state, may apply for early voter absentee ballots in the same manner and within the same time limits that apply for other early or absentee voters.  An official federal postcard application shall suffice as a simultaneous request for an application for addition to the checklist and for an early voter absentee ballot, when properly submitted. Any other person also may make a simultaneous request for an application for addition to the checklist and for an early voter absentee ballot.  The provisions of this section shall apply to anyone who is not eligible to register prior to the second Monday before the day of election, but expects to be eligible on or before election day.

(c)  If the request is received by the town clerk not later than noon on the second Monday before the election prior to the voter registration deadline set forth in subsection 2144(a) of this title, the town clerk shall mail a blank application for addition to the checklist, together with a full set of early voter absentee ballots, to the person who has applied for early voter absentee ballots. All such applications for addition to the checklist which are returned to the town clerk before the close of the polls on election day shall be considered and acted upon by the board of civil authority before the ballots are counted. If the application is approved and the name added to the checklist, the early voter absentee ballots cast by that voter shall be treated as other valid early voter absentee ballots.

* * *

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.

Report of Committee of Conference Adopted

H. 360

The Speaker placed before the House the following Committee of Conference report:

To the Senate and House of Representatives:

The Committee of Conference to which were referred the disagreeing votes of the two Houses upon House bill, entitled

An act relating to employment protection and training period for Vermont National Guard members;

Respectfully reports that it has met and considered the same and recommended that the House accede to the Senate proposal of amendment and that the bill be amended further in Sec. 1, 21 V.S.A. § 491(a), in the third sentence, by striking “full-time” and inserting in lieu thereof “permanent

Sen. Jeanette White

Sen. George Coppenrath

Sen. William Doyle

Committee on the part of the Senate

Rep. Helen Head

Rep. Richard Howrigan

Rep. Leo Valliere

Committee on the part of  the House

Which was considered and adopted on the part of the House.

Report of Committee of Conference Adopted

S. 13

The Speaker placed before the House the following Committee of Conference report:

To the Senate and House of Representatives:

The Committee of Conference to which were referred the disagreeing votes of the two Houses upon Senate bill, entitled

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

Respectfully reports that it has met and considered the same and recommended that the House recede from its proposals of amendment and that the bill as approved by the Senate be amended 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 state board of education rules, which may provide for limited idling, 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 board, 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.  The rules shall set forth periods or circumstances that reasonably require the idling of the engine, including periods when it is necessary to operate defrosting, heating, or cooling equipment to ensure the health or safety of the driver or passengers or to operate auxiliary equipment; and periods when the engine is undergoing maintenance or inspection.

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.  By January 1, 2008, the department of education shall develop a model policy relating to idling of vehicles other than school buses to be distributed to schools for their use.

Sec. 3.  EFFECTIVE DATE

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

Sen. Robert A. Starr

Sen. William Doyle

Sen. Harold Giard

Committee on the part of the Senate

Rep. Carol Hosford

Rep. Peter Peltz

Rep. Jim McCullough

Committee on the part of the House

Which was considered and adopted on the part of the House.

Joint Resolutions Adopted

Joint resolutions of the following titles were severally taken up and adopted on the part of the House;

J. R. H. 32

     Joint resolution honoring public works employees and designating May 20-26 as public works week in Vermont.

J. R. H. 33

     Joint resolution congratulating the centennial anniversary of the Chandler Center for the Arts and designating August 20, 2007 as Chandler Center for the Arts Day.

 

J. R. S. 35

Joint resolution urging Congress to adopt the Breast Cancer Patient Protection Act of 2007.

Resolution and Bill Messaged to Senate Forthwith

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

J.R.H. 26

Joint resolution bill, entitled

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

S.13

Senate Bill, entitled:

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

Adjournment

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

 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us