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Journal of the House

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FRIDAY, JANUARY 25, 2008

At nine o'clock and thirty minutes in the forenoon the Speaker called the House to order.

Devotional Exercises

Devotional exercises were conducted by Adam Courville and Debbie Lyons with Kids on the Block.

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:

Peter C. Martin of St. Albans Town             Sessions of 1991 and 1993

Cola H. Hudson of Lyndon                            Sessions 1973 through 2007

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.  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. 691

By the committee on Ways and Means,

An act relating to executive and judicial branch fees;

Under the rule, placed on the Calendar for notice.

H. 692

By Rep. O’Donnell of Vernon,

An act relating to allowing an ambulance provider to bring a civil action against a negligent party to recover the costs of providing emergency medical treatment;

To the committee on Judiciary.

H. 693

By Reps. Marcotte of Coventry, Clerkin of Hartford, Kilmartin of Newport City and Valliere of Barre City,

An act relating to special motor vehicle registration plates for religious fraternal organizations;

To the committee on Transportation.

H. 694

By Reps. Adams of Hartland and Komline of Dorset,

An act relating to allowing municipal development review decisions to be made by majority vote, a quorum being present;

To the committee on Government Operations.

H. 695

By Reps. Adams of Hartland and Komline of Dorset,

An act relating to the payment of Act 250 fees;

To the committee on Ways and Means.

H. 696

By Reps. Adams of Hartland and Komline of Dorset,

An act relating to giving Act 250 applicants the option of on-the-record review;

To the committee on Natural Resources and Energy.

H. 697

By Reps. Adams of Hartland and Komline of Dorset,

An act relating to requiring that judicial review of planning and zoning chapter decisions in towns of more than 5,000 persons be conducted on the record;

To the committee on Natural Resources and Energy.

H. 698

By Reps. Adams of Hartland and Komline of Dorset,

An act relating to establishing a uniform fee-setting procedure for development review;

To the committee on Ways and Means.

H. 699

     By Reps. Donovan of Burlington, Anderson of Montpelier, Atkins of Winooski, Barnard of Richmond, Bray of New Haven, Courcelle of Rutland City, Deen of Westminster, Edwards of Brattleboro, Evans of Essex, Fitzgerald of St. Albans City, Flory of Pittsford, Jerman of Essex, Kitzmiller of Montpelier, Klein of East Montpelier, Lippert of Hinesburg, Malcolm of Pawlet, Martin of Springfield, Martin of Wolcott, McCullough of Williston, Miller of Shaftsbury, Mrowicki of Putney, Potter of Clarendon, Randall of Troy, Smith of Morristown, Trombley of Grand Isle, Weston of Burlington and Wheeler of Derby,

An act relating to compliance testing of tobacco licensees;

To the committee on Human Services.

H. 700

By Reps. Manwaring of Wilmington and Moran of Wardsboro,

An act relating to sale of bottles of wine at festivals;

To the committee on General, Housing and Military Affairs.

H. 701

By Reps. Donovan of Burlington, Edwards of Brattleboro, Milkey of Brattleboro and Pearson of Burlington,

An act relating to prohibiting mandatory overtime for hospital employees;

To the committee on General, Housing and Military Affairs.

H. 702

     By Reps. Hosford of Waitsfield, Barnard of Richmond, Branagan of Georgia, Cheney of Norwich, Condon of Colchester, Fisher of Lincoln, Gilbert of Fairfax, Lorber of Burlington, Marcotte of Coventry, McFaun of Barre Town, Mrowicki of Putney, Nease of Johnson, Obuchowski of Rockingham, Rodgers of Glover and Spengler of Colchester,

An act relating to awarding attorney’s fees to a litigant who prevails in a suit disputing an insurer’s denial of coverage;

To the committee on Commerce.

H. 703

By Rep. Anderson of Montpelier,

An act relating to amending Act 250 to authorize an applicant to mitigate the loss of certain necessary wildlife habitat;

To the committee on Fish, Wildlife and Water Resources.

H. 704

By Reps. Clerkin of Hartford, Bissonnette of Winooski, Botzow of Pownal, Consejo of  Sheldon, Kitzmiller of Montpelier and Livingston of Manchester,

An act relating to notices of transfer of policies to an affiliate provided by an insurer;

To the committee on Commerce.

H. 705

By Reps. Clerkin of Hartford, Bissonnette of Winooski, Botzow of Pownal, Consejo of Sheldon, Kitzmiller of Montpelier and Livingston of Manchester,

An act relating to exemptions from filing and review of insurance rates;

To the committee on Commerce.

H. 706

By Rep. Nuovo of Middlebury,

An act relating to establishing an energy efficiency utility for space heating;

To the committee on Natural Resources and Energy.

H. 707

By Reps. Helm of Castleton, Pellett of Chester, Canfield of Fair Haven, Godin of Milton, Johnson of South Hero, Morley of Barton, Trombley of Grand Isle and Turner of Milton,

An act relating to emergency response plans for pollution abatement facilities;

To the committee on Fish, Wildlife and Water Resources.

H. 708

By Reps. Ojibway of Hartford, Clerkin of Hartford, Courcelle of Rutland City, Howard of Rutland City and McCormack of Rutland City,

An act relating to an exception to the suspension of state aid for school construction for certain energy performance contracts;

To the committee on Education.

H. 709

     By Reps. Botzow of Pownal, Consejo of Sheldon, Johnson of South Hero, Livingston of Manchester, Marcotte of Coventry, Potter of Clarendon, Trombley of Grand Isle and Winters of Williamstown,

An act relating to campgrounds;

To the committee on General, Housing and Military Affairs.

H. 710

     By Reps. Sweaney of Windsor, Atkins of Winooski, Clark of St. Johnsbury, Devereux of Mount Holly, Donovan of Burlington, Evans of Essex, Fallar of Tinmouth, Heath of Westford, Jerman of Essex, Manwaring of Wilmington, Martin of Wolcott, Mook of Bennington, Oxholm of Vergennes and Pearson of Burlington,

An act relating to public agency deferred compensation plans;

To the committee on Government Operations.

H. 711

By Reps. Botzow of Pownal, Johnson of South Hero, Malcolm of Pawlet and Stevens of Shoreham,

An act relating to agricultural, forestry, and horticultural education;

To the committee on Agriculture.

H. 712

By Reps. Pellett of Chester, Pillsbury of Brattleboro, Marek of Newfane and Gervais of Enosburg,

An act relating to separation of a victim of sexual assault and the perpetrator at the Woodside Juvenile Rehabilitation Center;

To the committee on Judiciary.

H. 713

By Rep. Trombley of Grand Isle,

An act relating to requiring schools receiving tuition to provide student assessment reports to sending districts;

To the committee on Education.

Senate Bill Referred

S. 213

Senate bill, entitled

An act relating to the designation of a portion of state highways in the town of Manchester as class 1 town highways;

Was taken up, read the first time and referred to the committee on Transportation.

Joint Resolution Adopted

J.R.H. 47

Joint resolution, entitled

Joint resolution designating the week of January 21, 2008 as nurse anesthetists week;

Offered by Keenan of St. Albans City,

Whereas, nurse anesthetists were the first professional group to provide anesthesia in the United States, and are the oldest recognized group of advanced practice registered nurse specialists, and

Whereas, these highly trained health care professionals are required to complete a graduate-level educational program in a nationally accredited program of nurse anesthesia, and, after graduation, they are qualified to take the national certifying examination to become a Certified Registered Nurse Anesthetist (CRNA), and

Whereas, CRNAs provide anesthesia services in all settings in which anesthesia is delivered, and

Whereas, according to the American Association of Nurse Anesthetists, more than 65 percent of all rural hospitals rely on CRNAs to provide anesthesia care, and without these advanced practice nurses, some 1,500 facilities would be unable to maintain trauma stabilization, surgical, and obstetrical capabilities, forcing many rural Americans to travel long distances for these services, and

Whereas, each year, CRNAs working in hospitals, ambulatory surgical centers, physician’s offices, and the medical facilities of the U.S. Military, the U.S. Department of Veterans Affairs, and the U.S. Public Health Service are the hands-on providers of approximately 65 percent of all anesthetics given to patients in the United States, and, in rural communities, this percentage is even higher; and

Whereas, CRNAs serve Vermonters by providing needed anesthesia care in 10 of the state’s 13 hospitals, in medical other facilities, and in physician’s offices, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly recognizes the week of January 21, 2008 as Nurse Anesthetists Week in Vermont and celebrates the importance of Vermont’s Certified Registered Nurse Anesthetists and their role in providing quality health care for the public, and be it further

Resolved:  That the secretary of state be directed to send a copy of this resolution to the Vermont Association of Nurse Anesthetists.

Was read and adopted on the part of the House.

Bill Referred to Committee on Appropriations

H. 333

House bill, entitled

An act relating to school breakfast program expansion;

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

Joint Resolutions Adopted in Concurrence

The Speaker placed before the House the following Joint resolutions, which were read and adopted in concurrence on the part of the House.

J.R.S. 45

Joint resolution, entitled

Joint resolution providing for a Joint Assembly for the election of two legislative Trustees of the Vermont State College Corporation

J.R.S. 46

Joint resolution, entitled

Joint resolution establishing a procedure for the conduct of the election of two legislative trustees of the Vermont State Colleges Corporation by plurality vote by the General Assembly in 2008.

Message from the Senate No. 11

     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. 550.  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.

And has passed the same in concurrence.

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

     H.C.R. 185.  House concurrent resolution congratulating Susan Hennessey on the receipt of a Milken Family Foundation National Educator Award.

     H.C.R. 186.  House concurrent resolution congratulating the Harwood Union High School Highlanders 2007 Division II championship boys’ cross-country team.

     H.C.R. 187.  House concurrent resolution congratulating Jean Berthiaume on his receipt of the 2007 Victor R. Swenson Humanities Educator Award.

     H.C.R. 188.  House concurrent resolution congratulating the 2007 Harwood Union High School Highlanders Division II championship boys’ soccer team.

     H.C.R. 189.  House concurrent resolution honoring former Windham State’s Attorney Dan M. Davis.

     H.C.R. 190.  House concurrent resolution congratulating Cub Scout Pack 401 of Bellows Falls on being designated the 2007 Vermont Pack of the Year.

     H.C.R. 191.  House concurrent resolution in memory of former auditor of accounts Jay Gordon and his wife, Joan Gordon.

     H.C.R. 192.  House concurrent resolution congratulating the Mary Meyer Corporation on its 75th anniversary.

     H.C.R. 193.  House concurrent resolution congratulating the Vermont Association of Snow Travelers on its 40th anniversary.

     H.C.R. 194.  House concurrent resolution congratulating the Chittenden Fire and Rescue on its 50th anniversary.

     H.C.R. 195.  House concurrent resolution honoring Thomas Anthony Levesque for 28 years of public service as the Chittenden East Supervisory Union district treasurer.

     H.C.R. 196.  House concurrent resolution congratulating the 2007 Missisquoi Valley Union High School Thunderbirds championship Division II girls’ cross-country team.

     H.C.R. 197.  House concurrent resolution congratulating Edward Koren of Brookfield as the recipient of the 2007 Governor’s Award for Excellence in the Arts.

     H.C.R. 198.  House concurrent resolution in memory of Representative Cola Hudson, the dean of the House of Representatives.

 

 

 

Adjournment

At ten o’clock  and eighteen minutes in the forenoon, on motion of Rep. Komline of Dorset, the House adjourned until Tuesday, January 29, 2008, at ten o’clock in the forenoon, pursuant to the provisions of J.R.S. 47.

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. 185

House concurrent resolution congratulating Susan Hennessey on the receipt of a Milken Family Foundation National Educator Award

H.C.R. 186

House concurrent resolution congratulating the Harwood Union High School Highlanders 2007 Division II championship boys’ cross-country team

H.C.R. 187

House concurrent resolution congratulating Jean Berthiaume on his receipt of the 2007 Victor R. Swenson Humanities Educator Award

H.C.R. 188

House concurrent resolution congratulating the 2007 Harwood Union High School Highlanders Division II championship boys’ soccer team

H.C.R. 189

     House concurrent resolution honoring former Windham State’s Attorney Dan M. Davis

H.C.R. 190

House concurrent resolution congratulating Cub Scout Pack 401 of Bellows Falls on being designated the 2007 Vermont Pack of the Year

H.C.R. 191

     House concurrent resolution in memory of former auditor of accounts Jay Gordon and his wife, Joan Gordon

H.C.R. 192

     House concurrent resolution congratulating the Mary Meyer Corporation on its 75th anniversary

 

H.C.R. 193

     House concurrent resolution congratulating the Vermont Association of Snow Travelers on its 40th anniversary

H.C.R. 194

     House concurrent resolution congratulating the Chittenden Fire and Rescue on its 50th anniversary

H.C.R. 195

House concurrent resolution honoring Thomas Anthony Levesque for 28 years of public service as the Chittenden East Supervisory Union district treasurer

H.C.R. 196

House concurrent resolution congratulating the 2007 Missisquoi Valley Union High School Thunderbirds championship Division II girls’ cross‑country team

H.C.R. 197

House concurrent resolution congratulating Edward Koren of Brookfield as the recipient of the 2007 Governor’s Award for Excellence in the Arts

H.C.R. 198

     House concurrent resolution in memory of Representative Cola Hudson, the dean of the House of Representatives

     [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 2008, sixty-ninth  Adjourned session]

 

 



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