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Journal of the House

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WEDNESDAY, JULY 11, 2007

Veto Session

At ten o'clock minutes in the forenoon the Speaker called the House to order.

Devotional Exercises

Devotional exercises were conducted by Speaker Gaye Symington of Jericho.

Memorial Service

The Speaker placed before the House the following names of members of past sessions of the Vermont General Assembly who had passed away recently:

Kelton B. Miller of Shaftsbury                   Session of 1969

Ruth H. Towne of Berlin                             Sessions 1977, 1979, 1983 - 2004

George J. Kingston, Jr. of Northfield        Sessions 1963, 1965, 1967

Albert C. Wilson, Jr. of Fair Haven Sessions 1977, 1979, 1981, 1983,                                                                                  and 1985

Thereupon, the members of the House rose for a moment of prayer in memory of the deceased members.  The Clerk was thereupon directed to send a copy of the House Journal to the bereaved families.

House Bills Introduced

House bills of the following titles were severally introduced, read the first time and referred as follows:

H. 550

By Reps. Pugh of  South Burlington, Audette of South Burlington, Head of South Burlington and Kupersmith of South Burlington,

An act relating to approval of amendment to the charter of the city of South Burlington regarding voter approval of city and school district budgets;

To the committee on Government Operations.

 

H. 551

By Rep. Flory of Pittsford,

An act relating to fees for recording property transfer tax returns;

To the committee on Government Operations.

Recess

At ten o’clock and twenty-five minutes in the forenoon, the Speaker declared a recess until the fall of the gavel.

At eleven o’clock and ten minutes in the forenoon, the Speaker called the House to order.

Message from the Senate No. 92

     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 considered the Governor’s veto of a Senate bill of the following title:

S. 164.  An act relating to campaign finance.

And has passed the same, the failure of the Governor to approve notwithstanding.

Veto Sustained

H. 520

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

An act relating to the Vermont Energy Efficiency and Affordability Act;

Appearing on the Calendar for notice, was taken up for immediate consideration. 

Pursuant to Chapter 2 Section 11 of the Vermont Constitution the Clerk proceeded to call the roll and the question, Shall the house pass the bill the failure of the Governor to approve was decided in the negative.  Yeas, 86.  Nays, 61 a 2/3 vote of 98 required.

Those who voted in the affirmative are:


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

Clarkson of Woodstock

Consejo of Sheldon

Copeland-Hanzas of Bradford

Courcelle of Rutland City

Davis of Washington

Deen of Westminster

Donovan of Burlington

Dostis of Waterbury

Edwards of Brattleboro

Emmons of Springfield

Fallar of Tinmouth

Fisher of Lincoln

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

Jewett of Ripton

Johnson of South Hero

Keogh of Burlington

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

McCullough of Williston

Milkey of Brattleboro

Miller of Shaftsbury

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

Ojibway of Hartford

Orr of Charlotte

Partridge of Windham

Pearson of Burlington

Pellett of Chester

Peltz of Woodbury

Peterson of Williston

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

Symington of Jericho

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

Baker of West Rutland

Bostic of St. Johnsbury

Branagan of Georgia

Brennan of Colchester

Canfield of Fair Haven

Clark of St. Johnsbury

Clark of Vergennes

Clerkin of Hartford

Condon of Colchester

Corcoran of Bennington

Devereux of Mount Holly

Donaghy of Poultney

Donahue of Northfield

Errecart of Shelburne

Evans of Essex

Fitzgerald of St. Albans City

Flory of Pittsford

Gervais of Enosburg

Helm of Castleton

Howrigan of Fairfield

Hube of Londonderry

Hudson of Lyndon

Jerman of Essex

Johnson of Canaan

Keenan of St. Albans City

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

McAllister of Highgate

McDonald of Berlin

McFaun of Barre Town

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

Rodgers of Glover

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:


Kitzmiller of Montpelier

McCormack of Rutland City

Minter of Waterbury


 

     Rep. Kilmartin of Newport City explained his vote as follows:

“Madam Speaker:

     I vote “No”.  In the old days, people of my generation posed a dilemma in the alternative.  We asked, “Do I live to work, or work to live”?  Today, every thoughtful Vermonter asked the question, “Do I live and work to pay taxes, or pay taxes to live and work?”  Sadly, both sides of the dilemma are truisms.  The tax burden in Vermont threatens to destroy the fabric of our families and communities.  Already the fabric is torn and tattered, but soon, if we do not decrease taxes, our families and communities will be destroyed.  The tax in H. 520 is a class warfare tax on the so-called corporate “rich”.  In fact, it is a tax on a stable and inexpensive source of energy that does not contribute to “global warning”.  The tax is really another tax on Vermonters and punishment for having the foresight to have the benefit of this excellent energy source.  I cannot support another tax on Vermonters.”

     Rep. Klein of East Montpelier explained his vote as follows:

“Madam Speaker:

     I vote yes to move Vermont forward to a clean, safe, reliable affordable energy future. I choose with my vote to support the economic interests and concerns of everyday Vermonters over protecting multi-national billion dollar corporations.”

Recess

At twelve o’clock and fifteen minutes in the afternoon, the Speaker declared a recess until the fall of the gavel.

At two o’clock in the afternoon, the Speaker called the House to order.

House Concurrent Resolution Adopted

H.C.R. 163

House concurrent resolution congratulating the town of Springfield, Vermont on winning the right to host the world premier of the “The Simpsons Movie”

Offered by:  Representatives Emmons of Springfield, Lorber of Burlington, Martin of Springfield, Pellett of Chester, Obuchowski of Rockingham, and Partridge of Windham

Offered by Senators Campbell, McCormack, and Nitka

Whereas, Homer Simpson and his animated television family have resided in Springfield, U.S.A., and for the last 18 years they have entertained millions of viewers, and

Whereas, after nearly two decades of appearing regularly on the nation’s broadcast, cable, and satellite television channels, the 20th Century Fox film studio has decided that this truly loveable family deserved the honor of starring in a full-length feature film, and

Whereas, although the Simpsons are well-established residents of Springfield, the specific Springfield in which they reside has always been left to the viewers’ imagination, and

Whereas, in order to trigger great excitement leading up to the Simpsons’ cinematic premier, 20th Century Fox conducted a national online contest, enabling the public to view video entries from the nation’s Springfields and cast its votes for the premier’s location, and

Whereas, despite not being issued an initial invitation to participate in this important contest, Springfield, Vermont was ultimately afforded the right to submit a video entry, and

Whereas, despite working under extreme time constraints, Springfield, Vermont persevered and drew on its talented citizens who produced an outstanding presentation for national consideration, and

Whereas, when the voting time period expired, and the contest’s organizers tallied the votes, Springfield, Vermont emerged triumphant with 15,367 votes defeating second place Springfield, Illinois by 733 votes, and

Whereas, as result of this amazing victory over communities that are far larger and better known, Springfield, Vermont will host the premier of “The Simpsons Movie” on July 21, at the Springfield Movie Theater on Main Street, and

Whereas, the premier will make Springfield, Vermont a community known to millions of Americans, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly congratulates the town of Springfield, Vermont for winning the right to host the world premier of the “The Simpsons Movie,” and be it further

Resolved:  That the secretary of state be directed to send a copy of this resolution to the Springfield town clerk, the Springfield Chamber of Commerce, and the Vermont film commission.

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

Veto Sustained

S. 164

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 campaign finance;

Was taken up for immediate consideration.

     Pursuant to Chapter 2, Section 11 of the Vermont Constitution, the Clerk proceeded to call the roll and the question, Shall the House pass the bill the failure of the Governor to approve notwithstanding was decided in the negative.  Yeas, 97.  Nays, 50.  2/3 vote of the 98 needed.

Those who voted in the affirmative are:


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

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

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

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

Hunt of Essex

Hutchinson of Randolph

Jerman of Essex

Jewett of Ripton

Johnson of South Hero

Keenan of St. Albans City

Keogh of Burlington

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

McCullough of Williston

Milkey of Brattleboro

Miller of Shaftsbury

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

Ojibway of Hartford

Orr of Charlotte

Partridge of Windham

Pearson of Burlington

Pellett of Chester

Peltz of Woodbury

Perry of Richford

Peterson of Williston

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

Symington of Jericho

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

Baker of West Rutland

Bostic of St. Johnsbury

Branagan of Georgia

Brennan of Colchester

Canfield of Fair Haven

Clark of St. Johnsbury

Clark of Vergennes

Clerkin of Hartford

Devereux of Mount Holly

Donaghy of Poultney

Donahue of Northfield

Errecart of Shelburne

Flory of Pittsford

Helm of Castleton

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

McAllister of Highgate

McDonald of Berlin

McFaun of Barre Town

Morley of Barton

Morrissey of Bennington

Myers of Essex

O’Donnell of Vernon

Otterman of Topsham

Oxholm of Vergennes

Peaslee of Guildhall

Scheuermann of Stowe

Shaw of Derby

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:


Kitzmiller of Montpelier

McCormack of Rutland City

Minter of Waterbury


 

Recess

At two o’clock and twenty-five minutes in the afternoon, the Speaker declared a recess until the fall of the gavel.

At four o’clock and fifty-five minutes in the afternoon, the Speaker called the House to order.

Message from the Senate No. 93

     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. 209.  An act relating to the Vermont energy efficiency and affordability act.

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

Bill Read First Time; Rules Not Suspended to Take up Bill;

Bill Referred to Committee

S. 209

Senate bill, entitled

An act relating to the Vermont energy efficiency and affordability act;

Was read the first time and pending referral of the bill to committee Rep. Partridge of Windham moved to suspend the rules to take up the bill for immediate consideration.

Pending the question, Shall the House suspend the rules to take up the bill? Rep. Partridge of Windham 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 suspend the rules to take up the bill?  was decided in the negative.  Yeas, 93.  Nays, 49 a 3/4 vote of 107 required.

Those who voted in the affirmative are:


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

Clarkson of Woodstock

Condon of Colchester

Consejo of Sheldon

Corcoran of Bennington

Courcelle of Rutland City

Davis of Washington

Deen of Westminster

Donovan of Burlington

Dostis of Waterbury

Edwards of Brattleboro

Evans of Essex

Fallar of Tinmouth

Fisher of Lincoln

Fitzgerald of St. Albans City

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

Hunt of Essex

Hutchinson of Randolph

Jerman of Essex

Jewett of Ripton

Johnson of South Hero

Keenan of St. Albans City

Keogh of Burlington

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

McCullough of Williston

McFaun of Barre Town

Milkey of Brattleboro

Miller of Shaftsbury

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

Ojibway of Hartford

Orr of Charlotte

Partridge of Windham

Pearson of Burlington

Pellett of Chester

Peltz of Woodbury

Perry of Richford

Peterson of Williston

Potter of Clarendon

Pugh of S. Burlington

Randall of Troy

Shand of Weathersfield

Sharpe of Bristol

Smith of Morristown

Spengler of Colchester

Stevens of Shoreham

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

Baker of West Rutland

Bostic of St. Johnsbury

Branagan of Georgia

Brennan of Colchester

Canfield of Fair Haven

Clark of St. Johnsbury

Clark of Vergennes

Clerkin of Hartford

Devereux of Mount Holly

Donaghy of Poultney

Donahue of Northfield

Errecart of Shelburne

Flory of Pittsford

Helm of Castleton

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

McAllister of Highgate

McDonald of Berlin

Morley of Barton

Morrissey of Bennington

Myers of Essex

O'Donnell of Vernon

Otterman of Topsham

Oxholm of Vergennes

Peaslee of Guildhall

Rodgers of Glover

Scheuermann of Stowe

Shaw of Derby

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:


Allard of St. Albans Town

Copeland-Hanzas of Bradford

Emmons of Springfield

Kitzmiller of Montpelier

McCormack of Rutland City

Minter of Waterbury

Pillsbury of Brattleboro


 

     Thereupon, the bill was referred to the committee on Natural Resources and Energy.

     Rep. Adams of Hartland explained his vote as follows:

“Madam Speaker:

     In our discussions over the past several months you made it very clear to me that this body would not consider any new legislation today.  That we would be acting on the veto votes only.

     As recently as yesterday you again indicated to me that the vetoes were our only business.  I am frustrated and disappointed in these political games.”

     Rep. Partridge of Windham explained her vote as follows:

“Madam Speaker:

I vote yes to take up this compromise bill that will take a first step to reduce Vermont’s carbon emissions, create economic opportunities and a more prosperous future for our children and grandchildren, and to make home heating more affordable for Vermonters.  S. 209 is a win-win bill and it deserves our consideration so we can begin the challenging work ahead of us.

     Rep. Wright of Burlington explained his vote as follows:

“Madam Speaker:

     At the same time as the Legislative leaders in the House and Senate have indicated they did not want to pass new legislation on the fly, nor would they consider letting us take up the original H. 520 legislation, now we are considering just what we were told would not happen.  This is pure politics.”

Message from the Senate No. 94

     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 adopted a joint resolution of the following title:

J.R.S. 39.  Joint resolution relating to final adjournment of the General Assembly in 2007.

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

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

     H.C.R. 163.  House concurrent resolution congratulating the town of Springfield.

Message from the Senate No. 95

     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 completed the business of the session and is ready to adjourn until January 8, 2008, pursuant to the provisions of J.R.S. 39.

Joint Resolution Adopted in Concurrence

J.R.S. 39

Joint resolution, entitled

Joint resolution relating to final adjournment of the General Assembly in 2007;

     By Senator Shumlin,

     Resolved by the Senate and House of Representatives

     That when the President of the Senate and the Speaker of the House of Representatives adjourn their respective houses on the eleventh day of July, 2007, they shall do so to reconvene on the eighth day of January, 2008, at ten o’clock in the forenoon.

Was taken up read and adopted in concurrence.

Adjournment

At five o’clock  and fifteen minutes in the afternoon, the Speaker adjourned the House until Tuesday, January 8, 2007, pursuant to the provisions of J.R.S. 39.

 

 

 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us