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Journal of the House

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TUESDAY, JANUARY 29, 2008

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

Devotional Exercises

Devotional exercises were conducted by Reverend Mark Pitton of Bethany Church of Christ, Montpelier.

Pledge of Allegiance

Page Kelsey Bean of Essex led the House in the Pledge of Allegiance.

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. 714

By Reps. Botzow of Pownal, Ancel of Calais, French of Randolph, Kitzmiller of Montpelier, Klein of East Montpelier, Livingston of Manchester and Malcolm of Pawlet,

An act relating to appropriating matching funds for the Vermont Women’s business Center;

To the committee on Appropriations.

H. 715

     By Reps. Koch of Barre Town, Allard of St. Albans Town, Flory of Pittsford, Gervais of Enosburg, Kilmartin of Newport City, McNeil of Rutland Town and Rodgers of Glover,

An act relating to discrimination in public accommodations;

To the committee on Judiciary.

H. 716

By Reps. Botzow of Pownal,

An act relating to requiring state agencies to notify municipalities of licenses, permits, and violations involving the use of real property;

To the committee on Government Operations.

H. 717

By Reps. Koch of Barre Town and Kilmartin of Newport City,

An act relating to authorizing public housing authorities to review the criminal records of applicants;

To the committee on General, Housing and Military Affairs.

H. 718

By Rep. Trombley of Grand Isle,

An act relating to high performance school design and construction standards;

To the committee on Education.

H. 719

By Reps. Botzow of Pownal and Malcolm of Pawlet,

An act relating to authorizing the clean energy development fund to be used for solar-powered equipment for use by a municipality;

To the committee on Natural Resources and Energy.

H. 720

     By Reps. Deen of Westminster, Anderson of Montpelier, Clarkson of Woodstock, Godin of Milton, Howrigan of Fairfield, Jewett of Ripton, Martin of Springfield, Masland of Thetford, McCullough of Williston, Mitchell of Barnard, Mrowicki of Putney and Perry of Richford,

An act relating to aquatic nuisance control;

To the committee on Fish, Wildlife and Water Resources.

H. 721

     By Reps. Godin of Milton, Edwards of Brattleboro, Fitzgerald of St. Albans City, Gilbert of Fairfax, Manwaring of Wilmington, Martin of Springfield, Milkey of Brattleboro, Peltz of Woodbury, Potter of Clarendon, Shand of Weathersfield and Wheeler of Derby,

An act relating to state payment of interest for school construction funds borrowed in anticipation of state aid;

To the committee on Appropriations.

 

H. 722

By Reps. Smith of Moretown, Flory of Pittsford, Haas of Rochester and Jewett of Ripton,

An act relating to real property;

To the committee on Judiciary.

H. 723

By Rep. Komline of Dorset,

An act relating to school choice for students who have been subject to harassment;

To the committee on Education.

H. 724

     By Reps. Perry of Richford, Branagan of Georgia, Canfield of Fair Haven, Gervais of Enosburg, Keenan of St. Albans City, McAllister of Highgate and McNeil of Rutland Town,

An act relating to the repeal of restrictions on the idling of school bus engines and of voluntary provisions related to the idling of other motor vehicle engines;

To the committee on Education.

H. 725

By Rep. Komline of Dorset,

An act relating to voting for a supervisory union budget;

To the committee on Education.

H. 726

By Rep. Milkey of Brattleboro,

An act relating to expansion of rebate for low income claimants;

To the committee on Ways and Means.

H. 727

By Rep. Sweaney of Windsor,

An act relating to drug testing in the workplace;

To the committee on General, Housing and Military Affairs.

 

H. 728

     By Reps. Perry of Richford, Gilbert of Fairfax, Lawrence of Lyndon, McAllister of Highgate, McNeil of Rutland Town, Spengler of Colchester and Stevens of Shoreham (by request),

An act relating to requiring wearing of blaze orange during regular deer season;

To the committee on Fish, Wildlife and Water Resources.

H. 729

     By Reps. Milkey of Brattleboro, Botzow of Pownal, Frank of Underhill, Haas of Rochester, Nuovo of Middlebury and Zuckerman of Burlington,

An act relating to hospice care and pain management;

To the committee on Health Care.

H. 730

     By Reps. Perry of Richford, Branagan of Georgia, Consejo of Sheldon, Fitzgerald of St. Albans City, Gervais of Enosburg, Gilbert of Fairfax, Keenan of St. Albans City, McAllister of Highgate and Spengler of Colchester,

An act relating to the East Highgate dam on the Missisquoi river;

To the committee on Fish, Wildlife and Water Resources.

H. 731

By Reps. Andrews of Rutland City, Courcelle of Rutland City, Howard of Rutland City and McCormack of Rutland City,

An act relating to exempting municipalities from the permit fees for discharge permits and water supply permits;

To the committee on Ways and Means.

H. 732

     By Reps. Johnson of Canaan, Allard of St. Albans Town, Audette of S. Burlington, Branagan of Georgia, Brennan of Colchester, Canfield of Fair Haven, Condon of Colchester, Fitzgerald of St. Albans City, Helm of Castleton, Howrigan of Fairfield, Keenan of St. Albans City, McAllister of Highgate, McFaun of Barre Town, Peaslee of Guildhall, Turner of Milton and Wright of Burlington,

An act relating to repealing the requirement to reopen the total maximum daioly6 load plan for Lake Champlain;

To the committee on Fish, Wildlife and Water Resources.

H. 733

     By Reps. Canfield of Fair Haven, Baker of West Rutland, Barnard of Richmond, Bissonnette of Winooski, Brennan of Colchester, Clerkin of Hartford, Evans of Essex, Fitzgerald of St. Albans City, Helm of Castleton, Komline of Dorset, Krawczyk of Bennington, McAllister of Highgate, McFaun of Barre Town, McNeil of Rutland Town, Pillsbury of Brattleboro, Potter of Clarendon and Valliere of Barre City,

An act relating to exempting motorboats used exclusively for racing from motorboat registration;

To the committee on Transportation.

H. 734

By Reps. Haas of Rochester and Lorber of Burlington,

An act relating to children of arrested and incarcerated parents;

To the committee on Human Services.

H. 735

By Rep. Lorber of Burlington,

An act relating to a bill of rights for children of arrested and incarcerated parents;

To the committee on Human Services.

H. 736

By Reps. Lorber of Burlington and Haas of Rochester,

An act relating to children of incarcerated parents;

To the committee on Institutions.

H. 737

By the committee on Appropriations,

An act relating to fiscal year 2008 budget adjustments;

Under the rule, placed on the Calendar for notice.

H. 738

By Reps. Scheuermann of Stowe, Browning of Arlington, Jewett of Ripton, Manwaring of Wilmington and Winters of Williamstown,

An act relating to approval of county budgets;

To the committee on Government Operations.

H. 739

By Reps. Komline of Dorset and Adams of Hartland,

An act relating to allowing large hydropower facilities to be included within the speed program definition of renewable energy;

To the committee on Natural Resources and Energy.

H. 740

By Rep. Perry of Richford,

An act relating to international border tourist information center;

To the committee on Commerce.

H. 741

     By Reps. Nuovo of Middlebury, Stevens of Shoreham, Bray of New Haven, Cheney of Norwich, Edwards of Brattleboro, Fallar of Tinmouth, French of Randolph, Godin of Milton, Haas of Rochester, Hutchinson of Randolph, Mitchell of Barnard, Mrowicki of Putney, Pearson of Burlington, Pillsbury of Brattleboro, Randall of Troy and Zuckerman of Burlington,

An act relating to the repeal of the requirement that budgets in excess of the maximum inflation amount be presented to the voters as a divided question;

To the committee on Education.

H. 742

By Reps. Komline of Dorset and Adams of Hartland,

An act relating to current use penalty waiver for affordable housing development;

To the committee on Ways and Means.

H. 743

By Reps. Donovan of Burlington, Edwards of Brattleboro, Miller of Shaftsbury, Mrowicki of Putney, Pearson of Burlington and Spengler of Colchester,

An act relating to tax on plastic bags;

To the committee on Ways and Means.

H. 744

By Reps. Courcelle of Rutland City, Andrews of Rutland City, Evans of Essex, Howard of Rutland City, McCormack of Rutland City and Potter of Clarendon,

An act relating to homeowners’ insurance coverage for cleanup and removal of trees that fall onto neighboring property;

To the committee on Commerce.

Bill Amended; Third Reading Ordered

H. 557

Rep. Courcelle of Rutland City, for the committee on Fish, Wildlife and Water Resources, to which had been referred House bill, entitled

An act relating to postponing the sunset of the Fish and Wildlife Board’s authority to adopt rules regulating the deer herd;

Reported in favor of its passage when amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  Sec. 7 of No. 136 of the 2003 Adj. Sess. (2004) is amended to read:

Sec. 7.  EFFECTIVE DATES; TRANSITIONAL PROVISIONS

(a)  Sec. 1 of this act shall take effect on July 1, 2004.  At that time, the governor shall appoint fish and wildlife board members to fill all terms which have expired as well as seven new members to ensure that each county is represented on the board.  However, the governor shall appoint the new members to terms of two to six years in a way which ensures that no more than three and no fewer than two terms expire in any one year.  After 2004, members shall be appointed to six‑year terms.

(b)  Secs. 2, 3, 4, and 5 of this act shall take effect on July 1, 2004.  However, on passage of this act, the fish and wildlife board is authorized to adopt temporary rules regarding management of the deer herd and shall follow the procedures for rulemaking contained in chapter 25 of Title 3 to the extent reasonably possible.  For each such rule, the board shall conduct a hearing but, when necessary, may schedule the hearing for a day before the terms of the rule are expected to be determined.  Rules adopted under this subsection shall:

(1)  make provision for a regular rifle hunting season pursuant to section 4741 of Title 10, and for an archery season and a muzzle loader season unless there is a scientific reason not to do so.

(2)  remain in effect until the board has adopted permanent rules regarding management of the deer herd or July 1, 2005, whichever is sooner.

(c)  Secs. 6 and 7 of this act shall take effect on passage.

(d)  Secs. 2, 3, and 4 of this act are repealed on June 30, 2009 2014.

Sec. 2.  Sec. 5 of No. 136 of the 2003 Adj. Sess. (2004) is amended to read:

Sec. 5.  SUSPENSION

(a)  The following sections of Title 10 shall not be in effect from July 1, 2004 through June 30, 2009 2014:

(1)  § 4743, relating to muzzle loader season.

(2)  § 4744, relating to bow and arrow season.

(3)  § 4753, relating to annual deer limit.

* * *

Sec. 3.  10 V.S.A. § 4705 is amended to read:

§ 4705.  SHOOTING FROM MOTOR VEHICLES OR AIRCRAFT; PERMIT

(a)  A person shall not take, or attempt to take, a wild animal by shooting from a motor vehicle, motorboat, airplane, snowmobile, or other motor propelled craft or any vehicle drawn by a motor propelled vehicle except as permitted under subsection (e) of this section.

(b)  A person shall not carry or possess while in or on a vehicle propelled by mechanical power or drawn by a vehicle propelled by mechanical power within the right of way of a public highway a rifle or shotgun containing a loaded cartridge or shell in the chamber, mechanism, or in a magazine, or clip within a rifle or shotgun, or a muzzle-loading rifle or shotgun that has been charged with powder and projectile and the ignition system of which has been enabled by having an affixed or attached percussion cap, primer, battery, or priming powder, except as permitted under subsections (d) and (e) of this section. A person who possesses a rifle or shotgun in or on a vehicle propelled by mechanical power, or drawn by a vehicle propelled by mechanical power within a right of way of a public highway shall upon demand of an enforcement officer exhibit the firearm for examination to determine compliance with this section.

(c)  A person while on or within ten feet of the traveled portion of a public highway shall not take or attempt to take any wild animal by shooting with a firearm or bow and arrow.

(d)  This section shall not restrict the possession or use of a loaded firearm by an enforcement officer in performance of his duty.

(e)  Subsection (a) of this section shall not apply to a licensed hunter who is a paraplegic or is certified by a physician to be unable to pursue game because of permanent severe physical disability, if he obtains a permit as provided in this subsection. The commissioner on receipt of satisfactory proof of the disability of an applicant may issue a permit under this subsection. This permit shall be attached to the license, and shall remain in effect until the death of the holder, unless the commissioner has reason to believe the permit is misused. The holder of the permit shall carry it at all times while hunting, and shall produce it on demand for inspection by any game warden or other law enforcement officer authorized to make arrests. The holder of the permit may take game from a vehicle or boat but only if it is stationary and off of a public highway. In no event shall the holder of a permit shoot across the traveled portion of a public highway.

(f)  The phrase "public highway," as used in this section, means roads shown on the highway maps of the respective towns, made by the agency of transportation, but does not include foot trails or private roads.

Sec. 4.  10 V.S.A. § 4502 is amended to read:

§ 4502.  UNIFORM POINT SYSTEM; REVOCATION OF LICENSE

(a)  A uniform point system which assigns points to those convicted of a violation of a provision of this part is established.  The conviction report from the court shall be prima facie evidence of the points assessed.  In addition to other penalties assessed for violation of fish and wildlife statutes, the commissioner shall suspend licenses issued under this part which are held by a person who has accumulated ten or more points in accordance with the provisions of subsection (c) of this section.

(b)  A person violating provisions of this part shall receive points for convictions in accordance with the following schedule (all sections are in Title 10 of Vermont Statutes Annotated):

(1)  Five points shall be assessed for any violation of statutes or rules adopted under this part except those listed in subdivisions (2) and (3) of this subsection.

(2)  Ten points shall be assessed for:

(A)  § 4148. Trespass on state property

* * *

(HH)  § 4827. A black bear doing damage

(JJ)  Appendix § 37, as it applied to annual deer limits.

(3)  Twenty points shall be assessed for:

(A)  § 4192.  General powers and duties-failure to obey warden

* * *

(T)  § 4521. Failure to stop

(U)  Appendix § 37, excluding violations of annual deer limits, requirements for youth deer hunting weekend, and limitations on feeding of deer.

(4)  In addition to other points assessed under this subsection, a person shall be assessed one point for each fish, bird, animal or pelt possessed, taken, transported, bought or sold in excess of the limits established in statutes or rules adopted under this part.

(c)  Licenses shall be suspended as follows:

(1)  For ten to 14 points accumulated in five years-a one-year suspension.

(2)  For 15 to 19 points accumulated in five years-a two-year suspension.

(3)  For 20 or more points accumulated in five years-a three-year suspension.

* * *

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

Message from the Senate No. 12

     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 joint resolution originating in the House of the following title:

J.R.H. 47.  Joint resolution designating the week of January 21, 2008 as Nurse Anesthetist Week.

And has adopted the same in concurrence.

The Governor has informed the Senate that on the twenty-eighth day of January, 2008, he approved and signed a bill originating in the Senate of the following title:

S. 318.  An act relating to the authority of Vermont municipalities to acquire facilities and other assets.

Adjournment

At ten o’clock and forty minutes in the forenoon, on motion of Rep. Komline of Dorset, the House adjourned until tomorrow at one o’clock in the afternoon.



Published by:

The Vermont General Assembly
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Montpelier, Vermont


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