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Journal of the House

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THURSDAY, JANUARY 31, 2008

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

Devotional Exercises

Devotional exercises were conducted by Rep. Thomas Koch of Barre Town.

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. 750

By the committee on Health Care,

An act relating to prescription drug pricing and information;

Under the rule, placed on the Calendar for notice.

H. 751

     By Reps. Howrigan of Fairfield, Consejo of Sheldon, Fallar of Tinmouth, McCormack of Rutland City, Mrowicki of Putney, Shand of Weathersfield, Trombley of Grand Isle and Turner of Milton,

An act relating to volunteer fire and rescue workers’ tax credit;

To the committee on Ways and Means.

H. 752

By Reps. French of Randolph, Head of South Burlington, McCormack of Rutland City, Spengler of Colchester and Trombley of Grand Isle,

An act relating to income tax checkoff for Alzheimer’s commission donations;

To the committee on Ways and Means.

H. 753

By Rep. Malcolm of Pawlet,

An act relating to quitclaim deeds;

To the committee on Judiciary.

H. 754

By Reps. Marek of Newfane and Obuchowski of Rockingham,

An act relating to human trafficking;

To the committee on Judiciary.

H. 755

     By Reps. Potter of Clarendon, Helm of Castleton, Bray of New Haven, Copeland-Hanzas of Bradford, Leriche of Hardwick, Marcotte of Coventry, Botzow of Pownal, Clarkson of Woodstock, Evans of Essex, Fisher of Lincoln, Haas of Rochester, Jewett of Ripton, Malcolm of Pawlet, McCullough of Williston, Mook of Bennington, Peltz of Woodbury, Perry of Richford, Randall of Troy, Sharpe of Bristol and Stevens of Shoreham,

An act relating to economic development of the forestry and forest products industries;

To the committee on Agriculture.

H. 756

     By Reps. Potter of Clarendon, Helm of Castleton, Bray of New Haven, Copeland-Hanzas of Bradford, Leriche of Hardwick, Marcotte of Coventry, Botzow of Pownal, Clarkson of Woodstock, Evans of Essex, Haas of Rochester, Jewett of Ripton, Malcolm of Pawlet, McCullough of Williston, Mook of Bennington, Peltz of Woodbury, Perry of Richford, Randall of Troy, Sharpe of Bristol and Stevens of Shoreham,

An act relating to workers’ compensation fraud in the forestry and forest products industries;

To the committee on Commerce.

H. 757

     By Reps. Potter of Clarendon, Helm of Castleton, Bray of New Haven, Copeland-Hanzas of Bradford, Leriche of Hardwick, Marcotte of Coventry, Botzow of Pownal, Clarkson of Woodstock, Evans of Essex, Fisher of Lincoln, Haas of Rochester, Jewett of Ripton, Malcolm of Pawlet, McCullough of Williston, Mook of Bennington, Peltz of Woodbury, Perry of Richford, Randall of Troy and Stevens of Shoreham,

An act relating to amending the Vermont Agricultural Credit Program to include forestry and forest products manufacturing;

To the committee on Agriculture.

H. 758

     By Reps. Potter of Clarendon, Helm of Castleton, Bray of New Haven, Copeland-Hanzas of Bradford, Leriche of Hardwick, Marcotte of Coventry, Botzow of Pownal, Clarkson of Woodstock, Evans of Essex, Haas of Rochester, Jewett of Ripton, Malcolm of Pawlet, McCullough of Williston, Mook of Bennington, Peltz of Woodbury, Randall of Troy, Sharpe of Bristol and Stevens of Shoreham,

An act relating to the parcelization of Vermont forests;

To the committee on Natural Resources and Energy.

H. 759

     By Reps. Potter of Clarendon, Helm of Castleton, Bray of New Haven, Copeland-Hanzas of Bradford, Leriche of Hardwick, Marcotte of Coventry, Botzow of Pownal, Clarkson of Woodstock, Evans of Essex, Haas of Rochester, Jewett of Ripton, Malcolm of Pawlet, McCullough of Williston, Mook of Bennington, Peltz of Woodbury, Perry of Richford, Randall of Troy, Sharpe of Bristol and Stevens of Shoreham,

An act relating to encouraging biomass energy production;

To the committee on Natural Resources and Energy.

H. 760

     By Reps. Gilbert of Fairfax, Allard of St. Albans Town, Anderson of Montpelier, Atkins of Winooski, Barnard of Richmond, Bissonnette of Winooski, Branagan of Georgia, Clark of Vergennes, Clerkin of Hartford, Consejo of Sheldon, Errecart of Shelburne, Fallar of Tinmouth, Fitzgerald of St. Albans City, French of Randolph, Gervais of Enosburg, Godin of Milton, Howrigan of Fairfield, Johnson of South Hero, Keenan of St. Albans City, LaVoie of Swanton, Lenes of Shelburne, McAllister of Highgate, McDonald of Berlin, Mitchell of Barnard, Mook of Bennington, Moran of Wardsboro, Mrowicki of Putney, Oxholm of Vergennes, Pearson of Burlington, Pellett of Chester, Peltz of Woodbury, Perry of Richford, Pillsbury of Brattleboro, Potter of Clarendon, Smith of Morristown, Spengler of Colchester, Stevens of Shoreham, Trombley of Grand Isle, Turner of Milton, Wheeler of Derby and Zenie of Colchester,

An act relating to granting postsecondary credit for successful completion of advanced placement courses, dual enrollment courses, and postsecondary courses completed through an on-line or correspondence course offered by an accredited postsecondary institution;

To the committee on Education.

H. 761

By Rep. Larson of Burlington,

An act relating to Medicaid liens;

To the committee on Health Care.

H. 762

By Reps. Dostis of Waterbury and Chen of Mendon,

An act relating to healthy students;

To the committee on Health Care.

H. 763

By Rep. Bray of New Haven,

An act relating to tracking agency reports requested by the Legislature;

To the committee on Government Operations.

H. 764

     By Reps. Valliere of Barre City, Ainsworth of Royalton, Clark of St. Johnsbury, Koch of Barre Town, Krawczyk of Bennington, Lawrence of Lyndon, McFaun of Barre Town, Perry of Richford and Winters of Williamstown,

An act relating to expanded eligibility for Vermont veterans’ medal;

To the committee on General, Housing and Military Affairs.

Senate Bills Referred

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

S. 343

Senate bill, entitled

An act relating to the partnership for long-term care program;

To the committee on Human Services.

S. 351

Senate bill, entitled

An act relating to consolidating management of public records;

To the committee on Government Operations.

 

S. 355

Senate bill, entitled

An act relating to debt financing for the Vermont housing finance agency;

To the committee on General, Housing and Military Affairs.

Message from the Senate No. 14

     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 bills of the following titles:

S. 107.  An act relating to mapping class four town highways and trails and mass discontinuances of unmapped town highways.

S. 284.  An act relating to the department of banking, insurance, securities , and heath care administration.

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

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

J.R.S. 48.  Joint resolution relating to weekend adjournment.

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

     Rep. Jewett of Ripton in Chair.

Bill Read Second Time; Third Reading Ordered

H. 691

Rep. Branagan of Georgia spoke for the committee on Ways and Means.

House bill entitled

An act relating to executive and judicial branch fees;

Was taken up, read the second time and third reading ordered.

     Speaker Symington in Chair.

Bill Read Second Time; Third Reading Ordered

H. 737

Rep. Heath of Westford spoke for the committee on Appropriations.

House bill entitled

An act relating to fiscal year 2008 budget adjustments;

Having appeared on the Calendar one day for notice, was taken up, read the second time and pending the question, Shall the bill be read the third time? Rep. Komline of Dorset moved to amend the bill as follows:

     First: By striking Sec. 8 in it entirety and inserting in lieu thereof the following:

Sec. 8.  Sec. 37 of No. 65 of the Acts of 2007 is amended to read:

Sec. 37.  Legislature

     Personal services                            3,904,123  2,940,323

     Operating expenses                         2,899,885  2,920,885

          Total                                          6,804,008  5,861,208

Source of funds

     General fund                                   6,804,008  5,861,208

* * *

(b) It is the intent of the general assembly that funding for the legislature in fiscal year 2009 and beyond be included at a level sufficient to support an 18 week legislative session.

(b) It is the intent of the general assembly that the 2008 legislative session shall adjourn on April 12, 2008 and that funding for the legislature in fiscal year 2009 and beyond be included at a level sufficient to support a 14 week session.

     Second: By adding a new Sec. 8a to read:

Sec. 8a.  Fiscal Year 2008 LIHEAP Appropriation

The sum of $1,000,000.00 shall be appropriated from the general fund to the department for children and families for home heating fuel assistance/LIHEAP.  The funds appropriated in this section shall be expended during fiscal year 2008.

Pending the question, Shall the House amend the bill as recommended by Rep. Komline of Dorset? Rep. Donaghy of Poultney 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 amend the bill as recommended by Rep. Komline of Dorset?  was decided in the negative.  Yeas, 36, Nays, 104.

 

Those who voted in the affirmative are:


Ainsworth of Royalton

Baker of West Rutland

Branagan of Georgia

Brennan of Colchester

Canfield of Fair Haven

Clark of Vergennes

Clerkin of Hartford

Devereux of Mount Holly

Donaghy of Poultney

Errecart of Shelburne

Flory of Pittsford

Johnson of Canaan

Kilmartin of Newport City

Koch of Barre Town

Komline of Dorset

Krawczyk of Bennington

Larocque of Barnet

Larrabee of Danville

Lawrence of Lyndon

Livingston of Manchester

Marcotte of Coventry

McAllister of Highgate

McDonald of Berlin

McFaun of Barre Town

McNeil of Rutland Town

Morrissey of Bennington

Myers of Essex

O'Donnell of Vernon

Oxholm of Vergennes

Peaslee of Guildhall

Scheuermann of Stowe

Stevens of Shoreham

Turner of Milton

Valliere of Barre City

Winters of Williamstown

Wright of Burlington


Those who voted in the negative are:


Acinapura of Brandon

Allard of St. Albans Town

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

Bostic of St. Johnsbury

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

Deen of Westminster

Donahue of Northfield

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

Helm of Castleton

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

Kitzmiller of Montpelier

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

McCormack of Rutland City

McCullough of Williston

Milkey of Brattleboro

Miller of Shaftsbury

Minter of Waterbury

Mitchell of Barnard

Monti of Barre City

Mook of Bennington

Moran of Wardsboro

Morley of Barton

Mrowicki of Putney

Nease of Johnson

Nuovo of Middlebury

Obuchowski of Rockingham

Ojibway of Hartford

Orr of Charlotte

Otterman of Topsham

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

Sweaney of Windsor

Trombley of Grand Isle

Weston of Burlington

Zenie of Colchester

Zuckerman of Burlington


Those members absent with leave of the House and not voting are:


Adams of Hartland

Clark of St. Johnsbury

Davis of Washington

Hube of Londonderry

LaVoie of Swanton

Shaw of Derby

Westman of Cambridge

Wheeler of Derby


     Thereupon, third reading was ordered.

Bill Amended; Third Reading Ordered

H. 575

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

An act relating to small eligible telecommunications carriers;

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

Sec. 1.  30 V.S.A. § 227d is amended to read:

§ 227d.  SMALL ELIGIBLE TELECOMMUNICATIONS CARRIERS

(a)  A carrier which serves fewer than ten percent of subscriber lines installed in the aggregate statewide and has been designated as an eligible telecommunications carrier in a service area where a competitive eligible telecommunications carrier has also been designated may, by providing written notice to the public service board and to the department of public service, elect to be exempted from one or more of the regulatory requirements under sections 104, 105, 108, 225, 226, 227, 229, and 230, and 247 of this title, except for purposes of E-911 services, for switched or dedicated access to the local exchange by providers of long distance telephone service or for rates for utility pole attachments.  For the purposes of this subsection, “eligible telecommunications carrier” means a telecommunications carrier designated eligible pursuant to 47 U.S.C. § 214(e).

(b)  For any carrier that elects exemption under subsection (a) of this section:

(1)  The carrier shall provide notice of its election to its existing customers within 30 days of its election and to any new customer at the time the new customer requests service from the carrier. 

(2)  The carrier shall maintain the rate schedules that were required prior to the carrier’s election and upon request shall provide notice of any change to such rate schedules to the board and the department for informational purposes only.

(A)  Notice of increases of rates for services offered by the carrier on or before June 30, 2005, shall be made at least 30 days in advance to the board and department.

(B)  The carrier shall not withdraw any service subject to the jurisdiction of the board which it offered on June 30, 2005, without at least 30 days’ advance notice to customers, the board, and the department.

(C)  Rate schedules which are exempted from approval by the board under this section shall not have the effect of a tariff.

(3)  The board shall have continuing regulatory authority over service quality standards; access to carriers of long distance telecommunications services; customer deposits; disconnection of residential and nonresidential services; billing practices and procedures; access to emergency services; access to operators’ services; access to directory services; the requirement under subsection 218(a) of this title that rates be just, reasonable, and nondiscriminatory; and the nine supported services required under 47 U.S.C. § 214(e) as related to basic exchange telecommunications service.  For purposes of this subsection, “basic exchange telecommunications service” means the provision of publicly switched, voice grade interactive telecommunications services between or among two or more end users, where a single central office provides that service to those two or more end users any matter under its jurisdiction for which the authority of the board is not specifically limited by this section.

(4)  The carrier shall not condition the purchase of basic exchange telecommunications service upon the purchase or subscription to bundles of or any combination of telecommunication services other than the one access line required for the provision of such service. For purposes of this subsection, “basic exchange telecommunications service” means the provision of publicly switched, voice grade interactive telecommunications services between or among two or more end users, where a single central office provides that service to those two or more end users.

(5)  The carrier shall limit its prices as follows:

(A)  the carrier shall not increase its price for basic exchange telecommunications service during the first year following such election and,; during the second and third years following the end of the year in which the carrier has made such election, the carrier shall not increase its price for basic exchange telecommunications service by more than nine percent or by $1.50, whichever is less; and during the fourth and fifth years following the end of the year in which the carrier has made such election, the carrier shall not increase its price for basic exchange telecommunications service by more than 11 percent or by $2.00, whichever is less;

* * *

(c)  Upon petition by the department, the board shall and upon its own initiative the board may investigate whether it should impose or reimpose any regulatory requirements which the carrier has elected out of pursuant to subsection (a) of this section. If the board finds, after notice and an opportunity for hearing, and, after considering the factors identified in subsection 227c(c) of this title, that the public is not sufficiently protected, the board may impose or reimpose any of the regulatory provisions listed in subsection (a) of this section.  Pending any final order and subject to the provisions of section 12 of this title, the board may impose or reimpose any of the regulatory provisions listed in subsection (a) of this section on a temporary basis as it determines is just and reasonable. Upon petition of the carrier and after notice and opportunity for hearing, the board may modify, reduce, or suspend any regulatory requirement it has reimposed on the carrier.

Sec. 2.  REPEAL 

Sec. 2 of No. 73 of the Acts of 2005 (repeal of section 227d of Title 30) as amended by Sec. 17b of No. 79 of the Acts of 2007 is repealed.

Sec. 3.  EFFECTIVE DATE

This act shall take effect upon passage.

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.

Bill Amended; Third Reading Ordered

H. 665

Rep. Manwaring of Wilmington, for the committee on Government Operations, to which had been referred House bill, entitled

An act relating to political party state committee membership;

Reported in favor of its passage when amended as follows:

By adding a Sec. 2 as follows:

Sec. 2. EFFECTIVE DATE

     This act shall take effect upon passage.

 

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

Favorable Report; Third Reading Ordered

H. 669

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

An act relating to the Vermont Historic Downtown;

Reported in favor of its passage.  The bill, having appeared on the Calendar one day for notice, was taken up, read the second time and third reading ordered.

Adjournment

At four o’clock and sixteen minutes in the afternoon, on motion of Rep. Komline of Dorset, the House adjourned until tomorrow at nine o’clock and thirty minutes in the forenoon.

 

 

 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


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