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Journal of the House

________________

TUESDAY, FEBRUARY 5, 2008

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

Devotional Exercises

Devotional exercises were conducted by Rep. William Aswad of Burlington.

Pledge of Allegiance

Page Theresa Kehne of Calais led the House in the Pledge of Allegiance.

Message from the Senate No. 15

     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 Senate concurrent resolutions of the following titles:

     S.C.R. 27.  Senate concurrent resolution congratulating the 2007 South Burlington High School Rebels girls’ lacrosse Division I championship team.

     S.C.R. 28.  Senate concurrent resolution congratulating the 2007 South Burlington High School Rebels Division I championship boys’ tennis team.

     S.C.R. 29.  Senate concurrent resolution congratulating the 2007 South Burlington High School Rebels Division I championship baseball team.

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

     H.C.R. 199.  House concurrent resolution in memory of former South Burlington Representative Theodore Riehle Jr.

     H.C.R. 200.  House concurrent resolution in memory of Rutland City Deputy Fire Chief Michael Walsh.

     H.C.R. 201.  House concurrent resolution in memory of former Washington County side judge Paul H. Guare of Montpelier.

     H.C.R. 202.  House concurrent resolution congratulating the Vergennes High School Commodores 2007 Division II championship baseball team.

     H.C.R. 203.  House concurrent resolution congratulating the 2007 Poultney High School Blue Devils Division III championship football team.

     H.C.R. 204.  House concurrent resolution wishing the New England Patriots good luck in Super Bowl XLII.

     H.C.R. 205.  House concurrent resolution honoring Tom Frazier for his quarter-century-plus of outstanding local and regional public service on behalf of the town of Roxbury.

Communication From Rep. Loren T. Shaw

 

“January 28, 2008

Rep. Loren T. Shaw

320 Foxwood Lane

Derby, VT  05829

Governor James H. Douglas

109 State Street

Montpelier, Vermont  05609-0101

Dear Governor Douglas;

     Let this letter serve as my resignation effective March 01, 2008. In January 2008, I accepted a full time driving position with Premier Coach, Colchester, Vermont, which includes extensive travel throughout the U.S. and Canada.

     I write this letter after careful consideration and respect for my elected position of Vermont State Representative for Orleans, District one, representing Brownington, Charleston, Derby, Holland and Morgan. I am so grateful to my constituents, and the support that they have given me over the past eight years. I am also grateful for your open door policy, and all the help that I have received from you and your staff over the years of my serving. We might have not always agreed, but you have always listened to what I had to say, and with respect and dignity for my thoughts on issues, that were near and dear to my heart.

     I thank former House Speaker Freed for giving me four years of General Housing and Military Affairs, and I'm also pleased that House Speaker Symington appointed me to serve on the Fish, Wildlife and Water Resources Committee, and for putting her trust in me to serve my last two years as Vice -Chair.

     My prayers will always he with you, while making the hard decisions facing you this session, and probably many session to come. I am about to witness an enormous void in my heart, but there will always be a place there for you. I will miss you, my colleagues, and the friendship that you have extended to me over the past eight years.          

  Most Sincerely Yours,

                                                                      Rep. Loren T. Shaw

                                                                      Derby”

House Bills Introduced

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

H. 790

By Rep. Martin of Wolcott,

An act relating to void contracts;

To the committee on Commerce.

H. 791

By Rep. Jewett of Ripton,

An act relating to eliminating the statute of limitations for sexual offenses committed upon a child;

To the committee on Judiciary.

H. 792

By Rep. Nease of Johnson,

An act relating to the adoption of municipal bylaws;

To the committee on Government Operations.

H. 793

By Rep. Errecart of Shelburne,

An act relating to establishing the Vermont Carbon Offset Fund;

To the committee on Natural Resources and Energy.

H. 794

By Reps. Howard of Rutland City and Peterson of Williston,

An act relating to state-level collection of the education property tax;

To the committee on Ways and Means.

H. 795

By Reps. Adams of Hartland, Koch of Barre Town, Larocque of Barnet, McFaun of Barre Town, Valliere of Barre City and Winters of Williamstown,

An act relating to special registration plates for veterans for use on motorcycles;

To the committee on Transportation.

H. 796

By Rep. Helm of Castleton,

An act relating to increasing the number of customers at a wine tasting event;

To the committee on General, Housing and Military Affairs.

H. 797

By Reps. Marcotte of Coventry and Morley of Barton,

An act relating to legislative compensation;

To the committee on Government Operations.

H. 798

     By Reps. Barnard of Richmond, McDonald of Berlin, Kitzmiller of Montpelier, Aswad of Burlington, Atkins of Winooski, Clarkson of Woodstock, Devereux of Mount Holly, Donovan of Burlington, Evans of Essex, Gilbert of Fairfax, Hosford of Waitsfield, Kilmartin of Newport City, Koch of Barre Town, LaVoie of Swanton, Lenes of Shelburne, Lippert of Hinesburg, Livingston of Manchester, Masland of Thetford, McCullough of Williston, McFaun of Barre Town, Minter of Waterbury, Mook of Bennington, Myers of Essex, Nuovo of Middlebury, Oxholm of Vergennes, Pearson of Burlington, Peltz of Woodbury, Pugh of S. Burlington, Sweaney of Windsor and Valliere of Barre City,

An act relating to mammography patient cost containment;

To the committee on Health Care.

H. 799

By Rep. Kitzmiller of Montpelier,

An act relating to independent contractors, misclassification, and fraud in workers’ compensation;

To the committee on Commerce.

 

H. 800

By Reps. Helm of Castleton and Canfield of Fair Haven,

An act relating to state purchasing of American-made American flags;

To the committee on Government Operations.

H. 801

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

An act relating to stormwater management;

To the committee on Fish, Wildlife and Water Resources.

H. 802

By Reps. Kitzmiller of Montpelier and Obuchowski of Rockingham,

An act relating to employee misclassification;

To the committee on Commerce.

H. 803

By Reps. Pugh of South Burlington, Chen of Mendon and Maier of Middlebury,

An act relating to the preexisting condition status of pregnancy;

To the committee on Health Care.

H. 804

By Reps. Zuckerman of Burlington, Bray of New Haven and Frank of Underhill,

An act relating to palliative care and pain management;

To the committee on Human Services.

H. 805

By Reps. Perry of Richford, Ainsworth of Royalton, Botzow of Pownal, Bray of New Haven, Courcelle of Rutland City, Gervais of Enosburg, Gilbert of Fairfax, Keenan of St. Albans City, Lawrence of Lyndon, Leriche of Hardwick, McAllister of Highgate, McNeil of Rutland Town, Milkey of Brattleboro, Mrowicki of Putney, Spengler of Colchester, Stevens of Shoreham and Zuckerman of Burlington,

An act relating to assuring that housing occupied by recipients of public assistance or paid for by state subsidy is habitable and in compliance with the rental health housing code;

To the committee on General, Housing and Military Affairs.

H. 806

By Reps. Audette of S. Burlington, Atkins of Winooski, Bostic of St. Johnsbury, Consejo of Sheldon, Fitzgerald of St. Albans City, Keogh of Burlington, Kupersmith of S. Burlington, Larocque of Barnet, McAllister of Highgate and Pillsbury of Brattleboro,

An act relating to public water systems;

To the committee on Fish, Wildlife and Water Resources.

H. 807

By Reps. Johnson of Canaan, Ainsworth of Royalton, Clark of St. Johnsbury, Lawrence of Lyndon, Malcolm of Pawlet, McAllister of Highgate, Perry of Richford, Valliere of Barre City and Winters of Williamstown,

An act relating to prohibited label representations;

To the committee on Agriculture.

H. 808

By Rep. Minter of Waterbury,

An act relating to special motor vehicle registration plates of professional sports teams;

To the committee on Transportation.

H. 809

By Reps. Barnard of Richmond, Frank of Underhill, Deen of Westminster, McCullough of Williston, Milkey of Brattleboro, Mrowicki of Putney and Peterson of Williston,

An act relating to requiring annual fire safety inspections for approved independent residential schools;

To the committee on Education.

H. 810

By Rep. Jewett of Ripton,

An act relating to town budget voting;

To the committee on Government Operations.

H. 811

By Reps. Komline of Dorset, Adams of Hartland, Ainsworth of Royalton, Baker of West Rutland, Branagan of Georgia, Brennan of Colchester, Canfield of Fair Haven, Clark of St. Johnsbury, Clark of Vergennes, Devereux of Mount Holly, Donaghy of Poultney, Donahue of Northfield, Errecart of Shelburne, Flory of Pittsford, Hube of Londonderry, Johnson of Canaan, Kilmartin of Newport City, Koch of Barre Town, 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, McNeil of Rutland Town, Morrissey of Bennington, Myers of Essex, O’Donnell of Vernon, Oxholm of Vergennes, Peaslee of Guildhall, Scheuermann of Stowe, Shaw of Derby, Turner of Milton, Valliere of Barre City, Winters of Williamstown and Wright of Burlington,

An act relating to the duration of the legislative session;

To the committee on Government Operations.

H. 812

By Rep. Fisher of Lincoln,

An act relating to ensuring educational continuity for pregnant and parenting students;

To the committee on Education.

H. 813

By Reps. Pearson of Burlington, Edwards of Brattleboro, Aswad of Burlington, Deen of Westminster, Devereux of Mount Holly, Donovan of Burlington, Fisher of Lincoln, Gervais of Enosburg, Godin of Milton, Grad of Moretown, Hosford of Waitsfield, Jewett of Ripton, Kitzmiller of Montpelier, Larson of Burlington, Leriche of Hardwick, Manwaring of Wilmington, Martin of Springfield, McCullough of Williston, Milkey of Brattleboro, Mitchell of Barnard, Moran of Wardsboro, Mrowicki of Putney, Nuovo of Middlebury, Pellett of Chester, Perry of Richford, Pillsbury of Brattleboro, Sharpe of Bristol, Spengler of Colchester, Stevens of Shoreham, Sweaney of Windsor, Weston of Burlington and Zenie of Colchester,

An act relating to commercialism in public schools;

To the committee on Education.

H. 814

By Rep. Mrowicki of Putney (By Request),

An act relating to procedures involving medical malpractice actions;

To the committee on Judiciary.

H. 815

By Reps. Kupersmith of South Burlington, Botzow of Pownal and Kitzmiller of Montpelier,

An act relating to the performance accountability of workforce development and the state’s investment in higher education and technical training;

To the committee on Education.

H. 816

By Rep. Trombley of Grand Isle,

An act relating to operating a motor vehicle while under the influence of alcohol or drugs;

To the committee on Judiciary.

H. 817

By Reps. Pugh of S. Burlington, Atkins of Winooski, Deen of Westminster, Donovan of Burlington, Emmons of Springfield, Fisher of Lincoln, Howard of Rutland City, Kitzmiller of Montpelier, Larson of Burlington, Lorber of Burlington, McFaun of Barre Town, Milkey of Brattleboro, Nuovo of Middlebury, Orr of Charlotte, Pearson of Burlington, Perry of Richford, Pillsbury of Brattleboro, Sharpe of Bristol and Zuckerman of Burlington,

An act relating to repeal of sunset on fuel gross receipts tax;

To the committee on Ways and Means.

H. 818

By Reps. Larocque of Barnet, Allard of St. Albans Town, Branagan of Georgia, Donaghy of Poultney, Fallar of Tinmouth, Fitzgerald of St. Albans City, Johnson of Canaan, Larrabee of Danville, Otterman of Topsham and Rodgers of Glover,

An act relating to plans for treatment of unmarked burial sites;

To the committee on General, Housing and Military Affairs.

H. 819

By Reps. Milkey of Brattleboro, Kitzmiller of Montpelier and Keenan of St. Albans City,

An act relating to the regulating of life settlement insurance transactions;

To the committee on Commerce.

H. 820

By Reps. Errecart  of Shelburne,

An act relating to restitution and insurance;

To the committee on Commerce.

H. 821

By Reps. Masland of Thetford, Minter of Waterbury and Westman of Cambridge,

An act relating to tax incentive financing of public transportation;

To the committee on Ways and Means.

H. 822

By Rep. Masland of Thetford,

An act relating to Vermont Board of Architect continuing education requirements;

To the committee on Government Operations.

H. 823

By Reps. Donahue of Northfield, Andrews of Rutland City, Barnard of Richmond, Flory of Pittsford, Haas of Rochester, McAllister of Highgate, Milkey of Brattleboro, Mook of Bennington, Morrissey of Bennington, O'Donnell of Vernon and Wright of Burlington,

An act relating to an appropriation to provide grants for the support of hospices in the state;

To the committee on Appropriations.

H. 824

By Reps. LaVoie of Swanton, Acinapura of Brandon, Allard of St. Albans Town, Baker of West Rutland, Branagan of Georgia, Brennan of Colchester, Canfield of Fair Haven, Cheney of Norwich, Clark of Vergennes, Consejo of Sheldon, Devereux of Mount Holly, Donaghy of Poultney, Evans of Essex, Fitzgerald of St. Albans City, Flory of Pittsford, French of Randolph, Gervais of Enosburg, Gilbert of Fairfax, Helm of Castleton, Howrigan of Fairfield, Kilmartin of Newport City, Koch of Barre Town, Krawczyk of Bennington, Larrabee of Danville, Livingston of Manchester, Marcotte of Coventry, Martin of Springfield, Martin of Wolcott, McAllister of Highgate, McDonald of Berlin, McNeil of Rutland Town, Minter of Waterbury, Mitchell of Barnard, Moran of Wardsboro, Morrissey of Bennington, Mrowicki of Putney, Myers of Essex, Oxholm of Vergennes, Perry of Richford, Shaw of Derby, Turner of Milton and Wright of Burlington,

An act relating to driving while intoxicated and to forfeiture and registration of motor vehicles;

To the committee on Judiciary.

H. 825

By Reps. McFaun of Barre Town, Koch of Barre Town and McDonald of Berlin,

An act relating to common level of appraisal cap during reappraisal;

To the committee on Ways and Means.

H. 826

By Reps. Bray of New Haven, Ainsworth of Royalton, Consejo of Sheldon, Courcelle of Rutland City, Devereux of Mount Holly, Fallar of Tinmouth, Fisher of Lincoln, Gervais of Enosburg, Jewett of Ripton, Komline of Dorset, Larrabee of Danville, Lawrence of Lyndon, Mrowicki of Putney, Nuovo of Middlebury, Orr of Charlotte, Pellett of Chester, Pillsbury of Brattleboro, Scheuermann of Stowe, Sharpe of Bristol, Spengler of Colchester and Weston of Burlington,

An act relating to the study of personal information collection in Vermont;

To the committee on Government Operations.

H. 827

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

An act relating to reimbursement to towns for abatement of education property taxes;

To the committee on Ways and Means.

H. 828

By Reps. Pearson of Burlington, Aswad of Burlington, Botzow of Pownal, Devereux of Mount Holly, Donovan of Burlington, Edwards of Brattleboro, Fisher of Lincoln, Howrigan of Fairfield, Leriche of Hardwick, Lorber of Burlington, McCullough of Williston, McFaun of Barre Town, Nuovo of Middlebury, Spengler of Colchester and Wheeler of Derby,

An act relating to increasing the supply of housing that will be permanently affordable to low income Vermonters;

To the committee on General, Housing and Military Affairs.

H. 829

By Reps. Clarkson of Woodstock, Malcolm of Pawlet and Winters of Williamstown,

An act relating to use value task force amendments;

To the committee on Ways and Means.

H. 830

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

An act relating to Reach Up financial assistance;

To the committee on Human Services.

H. 831

By Reps. McDonald of Berlin, Baker of West Rutland, Barnard of Richmond, Branagan of Georgia, Brennan of Colchester, Canfield of Fair Haven, Clark of St. Johnsbury, Clark of Vergennes, Consejo of Sheldon, Devereux of Mount Holly, Donaghy of Poultney, Errecart of Shelburne, Flory of Pittsford, Godin of Milton, Helm of Castleton, Hube of Londonderry, Johnson of Canaan, Koch of Barre Town, Komline of Dorset, Krawczyk of Bennington, Larocque of Barnet, Lawrence of Lyndon, Livingston of Manchester, Marcotte of Coventry, McAllister of Highgate, McFaun of Barre Town, McNeil of Rutland Town, Mook of Bennington, Morley of Barton, Morrissey of Bennington, O’Donnell of Vernon, Oxholm of Vergennes, Peaslee of Guildhall, Perry of Richford, Scheuermann of Stowe, Turner of Milton, Valliere of Barre City, Winters of Williamstown and Wright of Burlington,

An act relating to decreasing the cost of workers’ compensation insurance;

To the committee on Commerce.

H. 832

By Reps. Morrissey of Bennington, Allard of St. Albans Town, Canfield of Fair Haven, Clark of Vergennes, Donaghy of Poultney, Johnson of Canaan, Keogh of Burlington, Krawczyk of Bennington, Livingston of Manchester, Marcotte of Coventry, McNeil of Rutland Town, O’Donnell of Vernon, Oxholm of Vergennes, Pillsbury of Brattleboro, Valliere of Barre City and Winters of Williamstown,

An act relating to an appropriation to the Veterans’ Home in Bennington;

To the committee on Appropriations.

H. 833

By Reps. Bray of New Haven and Branagan of Georgia,

An act relating to revenue and spending information for taxpayers;

To the committee on Government Operations.

H. 834

By Rep. Komline of Dorset,

An act relating to November 15 filing deadline for property tax adjustment claims;

To the committee on Ways and Means.

H. 835

By Reps. Komline of Dorset, Clark of Vergennes, Donaghy of Poultney, Donahue of Northfield, Marcotte of Coventry, Morley of Barton, Morrissey of Bennington and Wright of Burlington,

An act relating to cash payment of property tax adjustments;

To the committee on Ways and Means.

H. 836

By Rep. Keenan of St. Albans City,

An act relating to nonresident dentist licensure;

To the committee on Government Operations.

H. 837

By Rep. Chen of Mendon,

An act relating to the creation of a medical practice board hearings commission;

To the committee on Government Operations.

H. 838

By Rep. Kupersmith of South Burlington,

An act relating to uniform child custody jurisdiction and enforcement;

To the committee on Judiciary.

H. 839

By Rep. McAllister of Highgate,

An act relating to interest paid at time of tax sale redemption;

To the committee on Ways and Means.

H. 840

By Rep. Barnard of Richmond,

An act relating to telephone directory misrepresentation of the geographical location of a floral business;

To the committee on Commerce.

H. 841

By Reps. Condon of Colchester and Clark of Vergennes,

An act relating to a concierge business assistance service;

To the committee on Government Operations.

H. 842

By Rep. Johnson of Canaan,

An act relating to diesel fuel for agricultural use;

To the committee on Ways and Means.

H. 843

By Reps. Head of S. Burlington, Consejo of Sheldon, Copeland-Hanzas of Bradford, Fitzgerald of St. Albans City, Kupersmith of S. Burlington, Lorber of Burlington, Minter of Waterbury and Shand of Weathersfield,

An act relating to work and family commission;

To the committee on General, Housing and Military Affairs.

H. 844

By Rep. Peaslee of Guildhall,

An act relating to the crime of child endangerment and penalties for the crime of cruelty by those having custody of another;

To the committee on Judiciary.

H. 845

By Reps. Mook of Bennington and Morrissey of Bennington,

An act relating to eligibility for a Green Mountain Passport;

To the committee on General, Housing and Military Affairs.

H. 846

By Reps. Moran of Wardsboro, Consejo of Sheldon, Fitzgerald of St. Albans City, Klein of East Montpelier, Martin of Springfield, Masland of Thetford, Mrowicki of Putney, Pearson of Burlington, Pillsbury of Brattleboro and Zenie of Colchester,

An act relating to petroleum gouging when a market emergency is not in effect;

To the committee on Commerce.

H. 847

By Rep. Weston of Burlington,

An act relating to the disposal of electronic waste;

To the committee on Natural Resources and Energy.

H. 848

By Reps. Edwards of Brattleboro and Klein of East Montpelier,

An act relating to requiring a fully funded decommissioning fund before a nuclear power plant may obtain approval for an extended period of operation;

To the committee on Natural Resources and Energy.

H. 849

By Rep. Edwards of Brattleboro,

An act relating to the redesignation of the position of nuclear engineer;

To the committee on Natural Resources and Energy.

H. 850

By Rep. Zuckerman of Burlington,

An act relating to providing that net-metered power that reverts to an electric company shall be entitled to receive wholesale power rates;

To the committee on Natural Resources and Energy.

H. 851

By Reps. Keenan of St. Albans City, Baker of West Rutland, Chen of Mendon, Deen of Westminster, Head of S. Burlington, Heath of Westford, Howrigan of Fairfield, Hunt of Essex, Hutchinson of Randolph, Johnson of South Hero, Keogh of Burlington, Larson of Burlington, Manwaring of Wilmington, Martin of Wolcott, McCormack of Rutland City, McCullough of Williston, Milkey of Brattleboro, Miller of Shaftsbury, Minter of Waterbury, Moran of Wardsboro, Morley of Barton, Mrowicki of Putney, Orr of Charlotte, Pugh of S. Burlington, Shand of Weathersfield and Trombley of Grand Isle,

An act relating to restrictive covenants on the practice of medicine;

To the committee on Government Operations.

H. 852

By Rep. Edwards of Brattleboro,

An act relating to requiring nuclear facilities to comply with fence line radiation levels established by the department of health;

To the committee on Natural Resources and Energy.

H. 853

By Rep. Edwards of Brattleboro,

An act relating to keeping the Vermont state nuclear advisory panel fully informed;

To the committee on Natural Resources and Energy

H. 854

By Reps. Minter of Waterbury, Ancel of Calais, Anderson of Montpelier, Aswad of Burlington, Atkins of Winooski, Audette of S. Burlington, Barnard of Richmond, Bostic of St. Johnsbury, Branagan of Georgia, Brennan of Colchester, Browning of Arlington, Clarkson of Woodstock, Condon of Colchester, Consejo of Sheldon, Copeland-Hanzas of Bradford, Corcoran of Bennington, Deen of Westminster, Donaghy of Poultney, Evans of Essex, Fallar of Tinmouth, Fitzgerald of St. Albans City, French of Randolph, Gervais of Enosburg, Haas of Rochester, Heath of Westford, Helm of Castleton, Hosford of Waitsfield, Howard of Rutland City, 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, Koch of Barre Town, Larson of Burlington, LaVoie of Swanton, Lenes of Shelburne, Leriche of Hardwick, Manwaring of Wilmington, Marek of Newfane, Martin of Wolcott, Masland of Thetford, McCormack of Rutland City, McCullough of Williston, McDonald of Berlin, Milkey of Brattleboro, Miller of Shaftsbury, Monti of Barre City, Mook of Bennington, Moran of Wardsboro, Mrowicki of Putney, Myers of Essex, Ojibway of Hartford, Orr of Charlotte, Peaslee of Guildhall, Pellett of Chester, Peltz of Woodbury, Perry of Richford, Peterson of Williston, Pillsbury of Brattleboro, Potter of Clarendon, Pugh of S. Burlington, Rodgers of Glover, Scheuermann of Stowe, Shand of Weathersfield, Sharpe of Bristol, Smith of Morristown, Wheeler of Derby and Zenie of Colchester,

An act relating to the issuance of a GARVEE bond proposal to reduce structurally deficient bridges;

To the committee on Transportation.

H. 855

By Rep. Spengler of Colchester,

An act relating to advisory speed control signs on interstate highways;

To the committee on Transportation.

H. 856

By Reps. Helm of Castleton and Morley of Barton,

An act relating to the removal of a bridge on route 62 in the town of Berlin;

To the committee on Transportation.

H. 857

By Rep. Masland of Thetford,

An act relating to heavy cutting, enforcement of the heavy cutting law, and the land gains tax for timber harvests;

To the committee on Fish, Wildlife and Water Resources.

H. 858

By Reps. Spengler of Colchester, Fitzgerald of St. Albans City and Larocque of Barnet,

An act relating to banning the retail sale of products that contain the chemical Bisphencol A;

To the committee on Fish, Wildlife and Water Resources.

Joint Resolution Referred to Committee

J.R.H. 49

Reps. Obuchowski of Rockingham and Head of South Burlington offered a joint resolution, entitled

Joint resolution urging Congress to adopt an emergency bank and homeowner protection act;

Whereas, the continuing financial crisis involving home mortgages, debt instruments of all types, and the banking system of the United States threatens to set off an economic collapse worse than the Great Depression of the 1930s, and

Whereas, millions of Americans are faced with foreclosure and loss of their homes over the coming months, and

Whereas, hedge funds dominating speculating in financial markets worldwide precipitated this collapse, and those markets are now facing bankruptcy and demanding government bailout of their securities and derivatives, and

Whereas, the nominal value of these mortgage-based derivatives alone equals the total gross domestic product of every nation, and

Whereas, this financial crisis threatens the integrity of both federal and state chartered banks and the run on deposits at Countrywide Financial Corporation in California on August 16, 2007 may only be the first, and

Whereas, similar bank runs at other financial institutions could wipe out the life savings of many Americans and drastically undermine the economic stability of our states and cities, and

Whereas, under similar circumstances in the 1930s, President Franklin D. Roosevelt successfully intervened to protect banks and homeowners, addressing Congress with a “declaration of national policy” on April 13, 1933, which stated “that the broad interests of the nation require special safeguards should be thrown around home ownership as a guarantee of social and economic stability and that to protect homeowners from inequitable enforced liquidation in a time of general distress is a proper concern of the government,” now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly urges Congress to enact an emergency Homeowners and Bank Protection Act that:

1.  Establishes a federal agency to: place federal and state chartered banks under federal protection, freeze existing home mortgages for a specified transitional period of time, adjust mortgage values to fair prices, restructure existing mortgages to appropriate interest rates, and write off speculative debt obligations of mortgage-backed securities, financial derivatives, and other forms of financial pyramid schemes that have nearly bankrupted the nation’s financial institutions;

2.  Declares a moratorium on all home foreclosures, allowing families to retain their homes during a specified transitional period;

3.  Creates a system of monthly and affordable homeowner payments equivalent to rent that are payable to designated banks which can use these funds as collateral for traditional lending practices as a method to recapitalize the banking system;

4.  Provides that these affordable monthly homeowner payments will be factored into new mortgages in order to: reflect the orderly deflating of the housing bubble, establish appropriate property valuations, and establish reduced fixed mortgage interest rates;

5.  Provides that during a specified transitional period (which may be of several years’ duration), no homeowner shall be evicted from his or her property and that federal- and state-chartered banks shall be protected in order that they can resume their traditional functions, serving local communities and facilitating credit for investment in productive entities; and

6.  Authorizes state governors to assume the administrative responsibilities for implementing the program, including the “rental” payments to designated banks, with the federal government providing the necessary credits and guarantees to assure the successful transition; and be it further

Resolved:  That the secretary of state be directed to send a copy of this resolution to the President and to the Vermont Congressional Delegation.

Which was read and, in the Speaker’s discretion, treated as a bill and referred to the committee on Commerce.

Message from the Senate No. 16

     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. 222.  An act relating to the safe haven exception to the crime of abandonment.

S. 240.  An act relating to repealing the sunset of the law enforcement exemption to the social security breach notice act.

S. 283.  An act relating to the managed care organizations and the blueprint for health.

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

Message from Governor

A message was received from His Excellency, the Governor, by Ms. Dennise Casey, Secretary of Civil and Military Affairs, as follows:

Madam Speaker:

I am directed by the Governor to inform the House that on the first day of February, 2008, he approved and signed 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

Recess

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

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

Rep. Jewett of Ripton in Chair.

Bill Read Second Time; Third Reading Ordered

H. 750

Rep. Chen of Mendon spoke for the committee on Health Care.

House bill entitled

An act relating to prescription drug pricing and information;

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

Pending the question, Shall the bill be read the third time?  Rep. Koch of Barre Town moved to amend the bill as follows:

     First: By striking g Sec. 3 in its entirety and inserting in lieu thereof the following:

Sec. 3  REPEAL.

18 V.S.A. § 4631 is repealed.

     Second: In Sec. 5., 9 V.S.A. § 2466a, by striking the proposed amendment to subsection (a), repealing subsection (a), and renumbering the remaining subsections to be numerically correct.

Pending the question, Shall the House amend the bill as recommended by Rep. Koch of Barre Town? Rep. Adams of Hartland 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. Koch of Barre Town? was decided in the negative.  Yeas, 43.  Nays, 86.

Those who voted in the affirmative 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

Clerkin of Hartford

Consejo of Sheldon

Devereux of Mount Holly

Donaghy of Poultney

Donahue of Northfield

Errecart of Shelburne

Flory of Pittsford

Helm of Castleton

Hube of Londonderry

Koch of Barre Town

Komline of Dorset

Krawczyk of Bennington

Larocque of Barnet

Larrabee of Danville

LaVoie of Swanton

Lawrence of Lyndon

Marcotte of Coventry

McDonald of Berlin

McFaun of Barre Town

McNeil of Rutland Town

Morley of Barton

Morrissey of Bennington

O'Donnell of Vernon

Otterman of Topsham

Oxholm of Vergennes

Peaslee of Guildhall

Scheuermann of Stowe

Shaw of Derby

Turner of Milton

Valliere of Barre City

Westman of Cambridge

Wheeler of Derby

Winters of Williamstown

Wright of Burlington

Zenie of Colchester


Those who voted in the negative are:


Anderson of Montpelier

Aswad of Burlington

Atkins of Winooski

Audette of S. Burlington

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

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

Fitzgerald of St. Albans City

Frank of Underhill

French of Randolph

Gervais of Enosburg

Gilbert of Fairfax

Godin of Milton

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

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

Mrowicki of Putney

Nease of Johnson

Nuovo of Middlebury

Obuchowski of Rockingham

Ojibway of Hartford

Orr of Charlotte

Partridge of Windham

Pearson of Burlington

Peltz of Woodbury

Perry of Richford

Peterson of Williston

Potter of Clarendon

Pugh of S. Burlington

Randall of Troy

Rodgers of Glover

Shand of Weathersfield

Sharpe of Bristol

Stevens of Shoreham

Sweaney of Windsor

Trombley of Grand Isle

Weston of Burlington

Zuckerman of Burlington


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


Allard of St. Albans Town

Ancel of Calais

Andrews of Rutland City

Barnard of Richmond

Clark of St. Johnsbury

Clark of Vergennes

Evans of Essex

Fallar of Tinmouth

Fisher of Lincoln

Grad of Moretown

Johnson of Canaan

Kilmartin of Newport City

Livingston of Manchester

McAllister of Highgate

Myers of Essex

Pellett of Chester

Pillsbury of Brattleboro

Smith of Morristown

Spengler of Colchester


     Thereupon, third reading was ordered.

Adjournment

At twelve o’clock noon, on motion of Rep. Adams of Hartland, the House adjourned until tomorrow at one o’clock in the afternoon.

 

 

 

 

 

 

 



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Montpelier, Vermont


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