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Journal of the House

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WEDNESDAY, JANUARY 23, 2008

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

Devotional Exercises

Devotional exercises were conducted by Reverend Susan Cooke-Kittredge of the Old Meeting House in East Montpelier.

House Bills Introduced

House bills of the following titles were severally introduced.  Pending first reading of the bills, on motion of Rep. Komline of Dorset, the rules were suspended and the bills were read the first time by number and referred or placed on the Calendar as follows:

H. 666

By Reps. Keenan of St. Albans City, Deen of Westminster, Edwards of Brattleboro, Acinapura of Brandon, Bostic of St. Johnsbury, Hunt of Essex, Miller of Shaftsbury and Spengler of Colchester,

An act relating to phthalates in products for young children;

To the committee on Human Services.

H. 667

By Reps. Klein of East Montpelier, Ancel of Calais, Botzow of Pownal, Chen of Mendon, Cheney of Norwich, Copeland-Hanzas of Bradford, Courcelle of Rutland City, Davis of Washington, Deen of Westminster, Donovan of Burlington, Edwards of Brattleboro, Emmons of Springfield, Fisher of Lincoln, French of Randolph, Gilbert of Fairfax, Haas of Rochester, Hunt of Essex, Hutchinson of Randolph, Kitzmiller of Montpelier, Larson of Burlington, Leriche of Hardwick, Lorber of Burlington, Maier of Middlebury, Marek of Newfane, Martin of Springfield, McCullough of Williston, Minter of Waterbury, Mitchell of Barnard, Monti of Barre City, Mook of Bennington, Mrowicki of Putney, Nuovo of Middlebury, Pearson of Burlington, Pellett of Chester, Peltz of Woodbury, Potter of Clarendon, Sharpe of Bristol, Weston of Burlington and Zuckerman of Burlington,

An act relating to electric generating facility kilowatt hour tax;

To the committee on Ways and Means.

H. 668

     By Reps. Morley of Barton, Bostic of St. Johnsbury, Clark of St. Johnsbury, Hudson of Lyndon, Johnson of Canaan, Kilmartin of Newport City, Larocque of Barnet, Larrabee of Danville, Lawrence of Lyndon, Leriche of Hardwick, Marcotte of Coventry, Peaslee of Guildhall, Randall of Troy, Rodgers of Glover, Shaw of Derby and Wheeler of Derby,

An act relating to wood products income tax credit;

To the committee on Ways and Means.

H. 669

By Rep. Kitzmiller of Montpelier,

An act relating to the Vermont Historic Downtown;

To the committee on Commerce.

H. 670

By Rep. Botzow of Pownal,

An act relating to assuring that the agency of Natural Resources’ permit handbook identify permits required for building demolition;

To the committee on Natural Resources and Energy.

H. 671

     By Reps. Botzow of Pownal, Bissonnette of Winooski, Browning of Arlington, Clerkin of Hartford, Consejo of Sheldon, Davis of Washington, Livingston of Manchester, Malcolm of Pawlet, Marcotte of Coventry and Shand of Weathersfield,

An act relating to expansion of telecommunications services in the state;

To the committee on Commerce.

H. 672

By Rep. Heath of Westford,

An act relating to rules of the plumber’s examining board;

To the committee on Natural Resources and Energy.

H. 673

     By Reps. Hutchinson of Randolph, Sweaney of Windsor, Anderson of Montpelier, Andrews of Rutland City, Aswad of Burlington, Audette of S. Burlington, Bissonnette of Winooski, Brennan of Colchester, Clark of St. Johnsbury, Donovan of Burlington, Dostis of Waterbury, Edwards of Brattleboro, Emmons of Springfield, French of Randolph, Gervais of Enosburg, Howard of Rutland City, Johnson of Canaan, Keogh of Burlington, Kitzmiller of Montpelier, Krawczyk of Bennington, Lorber of Burlington, Marcotte of Coventry, Martin of Springfield, Martin of Wolcott, Masland of Thetford, Milkey of Brattleboro, Minter of Waterbury, Monti of Barre City, Mook of Bennington, Moran of Wardsboro, Mrowicki of Putney, Nease of Johnson, Orr of Charlotte, Pearson of Burlington, Pellett of Chester, Peterson of Williston, Shand of Weathersfield, Trombley of Grand Isle, Valliere of Barre City, Weston of Burlington, Wright of Burlington and Zuckerman of Burlington,

An act relating to full pilot funding;

To the committee on Appropriations.

H. 674

     By Reps. McAllister of Highgate, LaVoie of Swanton, Allard of St. Albans Town, Brennan of Colchester, Condon of Colchester, Consejo of Sheldon, Gervais of Enosburg, Godin of Milton, Howrigan of Fairfield, McFaun of Barre Town, Perry of Richford, Trombley of Grand Isle, Turner of Milton and Zenie of Colchester,

An act relating to an appropriation for repair of the Highgate Recreation Arena;

To the committee on Appropriations.

H. 675

     By Reps. Klein of East Montpelier, Ancel of Calais, Errecart of Shelburne, Canfield of Fair Haven, Donahue of Northfield, Johnson of Canaan, Larrabee of Danville, LaVoie of Swanton, Maier of Middlebury, McAllister of Highgate, McFaun of Barre Town and Shaw of Derby,

An act relating to facilitating the development of electricity from small hydroelectric projects;

To the committee on Fish, Wildlife and Water Resources.

H. 676

By Reps. Martin of Springfield, Emmons of Springfield and Shand of Weathersfield,

An act relating to motor vehicle lease disclosures;

To the committee on Commerce.

 

Senate Bills Referred

Senate bills of the following titles were severally taken up, read the first time and referred as follows:

S. 257

Senate bill, entitled

An act relating to Medicaid coverage of naturopathic physicians;

To the committee on Health Care.

S. 278

Senate bill, entitled

An act relating to financing campaigns;

To the committee on Government Operations.

Committee Relieved of Consideration

and Bill Committed to Other Committee

H. 588

Rep. Lippert of Hinesburg moved that the committee on Judiciary be relieved of House bill, entitled

An act relating to property loaned to museums;

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

Third Reading; Bill Passed

H. 599

House bill, entitled

An act relating to boating while intoxicated and driving while intoxicated;

Was taken up, and pending third reading of the bill, Rep. LaVoie of Swanton moved that the bill be amended as follows:

     By adding new Secs. 8 -12 to read as follows:

Sec. 8.  23 V.S.A. § 303 is amended to read:

§ 303.  APPLICATION REQUIRED

(a)  The commissioner or his or her duly authorized agent shall register a motor vehicle, trailer, or semi-trailer when application therefore, on a form prescribed by the commissioner, showing such motor vehicle to be properly equipped and in good mechanical condition, is filed with him or her, accompanied by the required registration fee, the proof of financial responsibility required under section 800 of this title, and evidence of the applicant's ownership of the vehicle in such form as the commissioner may reasonably require.  Except for state or municipal vehicles, registrants and titled owners shall be identical.

(b)  An application for registration may be refused by the commissioner if it is not accompanied by proof of payment of the use tax imposed by section Section 4481 of the Internal Revenue Code of 1986 in such form as may be prescribed by the Secretary of the Treasury or in another form acceptable to the commissioner in the case of vehicles which are subject to the tax.

(c)  An application for registration shall be refused by the commissioner if the applicant’s license or learner’s permit is suspended or revoked in any jurisdiction. 

Sec. 9.  23 V.S.A. § 1130 is amended to read:

§ 1130.  PERMITTING UNLICENSED PERSON TO OPERATE

(a)  No person shall knowingly employ, as operator of a motor vehicle, a person not licensed as provided in this title.

(b)(1)  No person shall knowingly permit a motor vehicle owned by him or her or under his or her control to be operated by a person who has no legal right to do so, or in violation of a provision of this title.

(2)  If the death of any person results from a violation of subdivision (1) of this subsection, or if serious bodily injury as defined in 13 V.S.A.

§ 1021(2) results to any person other than the operator from the violation, the person convicted of the violation shall be fined not more than $5,000.00 or imprisoned not more than two years, or both.  The provisions of this subdivsion do not limit or restrict prosecutions for manslaughter.

Sec. 10.  23 V.S.A. § 1210 is amended to read:

§ 1210.  PENALTIES

* * *

(d)  Third or subsequent offense.  A person convicted of violating section 1201 of this title who has twice been convicted of violation of that section shall be fined not more than $2,500.00 or imprisoned not more than five years, or both.  At least 400 hours of community service shall be performed, or 100 consecutive hours six months of the sentence of imprisonment shall be served and may not be suspended or deferred or served as a supervised sentence, except that credit for a sentence of imprisonment may be received for time served in a residential alcohol facility pursuant to sentence if the program is successfully completed.

(e)(1)  Death resulting.  If the death of any person results from a violation of section 1201 of this title, the person convicted of the violation shall be fined not more than $10,000.00 or imprisoned not less than one year nor more than 15 years, or both.  The provisions of this subsection do not limit or restrict prosecutions for manslaughter.

(2)  A sentence ordered pursuant to this subsection shall include at least a five‑year term of imprisonment.  The five-year term of imprisonment required by this subdivision shall be served and may not be suspended, deferred, or served as a supervised sentence.  The defendant shall not be eligible for probation, parole, furlough, or any other type of early release until the expiration of the five-year term of imprisonment.

* * *

Sec. 11.  23 V.S.A. § 1212 is amended to read:

§ 1212.  CONDITIONS OF RELEASE AND PAROLE; ARREST UPON

               VIOLATION

* * *

(d)  A law enforcement officer or a corrections officer who observes a person violating a condition of parole requiring that the person not operate a motor vehicle may promptly arrest the person for violating the condition and shall detain the person pursuant to section 551 of Title 28.  The officer shall immobilize the vehicle and immediately notify the parole board of the suspected violation.  If the parole board determines pursuant to section 552 of Title 28 that a parole violation has occurred, the board shall notify the state’s attorney in the county where the violation occurred, who shall institute forfeiture proceedings against the vehicle under section 1213c of this title as soon as practicable.

Sec. 12.  23 V.S.A. § 1213b is amended to read:

§ 1213b.  FORFEITURE OF VEHICLE

At the time of sentencing after a third or subsequent conviction under section 1201 of this title, or upon a determination by the parole board that a person has violated a condition of parole requiring that the person not operate a motor vehicle, the court may, upon motion of the state and in addition to any penalty imposed by law and after notice and hearing, order the motor vehicle operated by the defendant or parolee at the time of the offense forfeited and sold as provided in section 1213c of this title.

 

Thereupon, Rep. LaVoie of Swanton asked and was granted leave of the House to withdraw her amendment.

Thereupon, the bill was read the third time and passed.

Bill Read Second Time; Third Reading Ordered

H. 644

Rep. Howrigan of Fairfield spoke for the committee on General, Housing and Military Affairs.

House bill entitled

An act relating to debt financing for the Vermont Housing Finance Agency;

Having appeared on the Calendar one day for notice, was taken up, read the second time and third reading ordered.

Bill Amended; Third Reading Ordered

H. 563

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

An act relating to the Uniform Commercial Code;

Reported in favor of its passage when amended as follows:

     In Sec. 2, 9 V.S.A. § 1-108, by striking

(15 U.S.C. section 103(b))” and inserting in lieu thereof “(15 U.S.C. section 7003(b))

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

Message from the Senate No. 9

     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. 342.  An act relating to Lake Champlain commemorative motor vehicle plates.

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

Adjournment

At two o’clock in the afternoon, on motion of Rep. Clark of St. Johnsbury, the House adjourned until tomorrow at one o’clock in the afternoon.

 

 

 



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