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Journal of the House

________________

THURSDAY, FEBRUARY 14, 2008

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

Devotional Exercises

Devotional exercises were conducted by Rabbi Toby Weisman of the Jewish Learning Center, Montpelier.

Message from the Senate No. 21

     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. 241.  An act relating to the special veteran and gold star registration plates.

S. 313.  An act relating to a license to store and ship wine.

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

The Senate has considered a bill originating in the House of the following title:

H. 665.  An act relating to political party state committee membership.

And has passed the same in concurrence.

The Senate has considered a bill originating in the House of the following title:

H. 737.  An act relating to fiscal year 2008 budget adjustments.

And has passed the same in concurrence with proposals of amendment in the adoption 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. 52.  Joint resolution relating to weekend adjournment.

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

Committee Bill Introduced

H. 863

Rep. Head of South Burlington, for the committee on General, Housing and Military Affairs, introduced a bill, entitled

An act relating to creation and preservation of affordable housing and smart growth development;

Which was read the first time and, under the rule, placed on the Calendar for notice tomorrow.

Joint Resolution Referred to Committee

J.R.H. 53

Reps. Kitzmiller of Montpelier and Obuchowski of Rockingham offered a joint resolution, entitled

Joint resolution urging Congress to address the dramatic rise of electronic payment interchange rates that merchants and consumers are assessed;

Whereas, consumers are increasingly using credit and debit card electronic payment systems to purchase goods and services, and annually these purchases now exceed the number of check transactions, and

Whereas, in order for merchants to accept these payment systems, merchants are required to pay interchange fees to banks and credit card providers, and

Whereas, these interchange fees are usually hidden and not disclosed to the consumer, and

Whereas, in recent years, improved technology combined with consumer preference has triggered increases in the use of electronic payment systems, and

Whereas, the interchange fees are ultimately passed on to the consumers, including those who pay with cash or a check and who, in effect, subsidize rewards given to credit card customers, and

Whereas, the number of rewards cards in circulation is rapidly increasing, and the new rewards cards are more costly for both merchants and consumers, and

Whereas, the interchange fees, including those paid on food and gasoline, are typically almost double the profit margin of the merchant, and

Whereas, the resulting impact on consumer prices is significant, and on each transaction, the bank or credit card provider earns a higher amount than the amount of the merchant’s net profit, and

Whereas, traditional economic models are not applicable because only a few businesses process these electronic payment transactions, and merchants are forced to accept terms dictated often without notice or recourse, and

Whereas, small businesses struggle to absorb the constant increases in the cost of accepting electronic payments, and

Whereas, it is advantageous that economic models facilitate a highly competitive marketplace, and

Whereas, the increased consumer use of electronic payments requires Congress to assure the existence of a highly competitive and vibrant market that promotes an economic playing field that is fair to consumers, merchants, and card providers, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly urges Congress to address the current anticompetitive nature of credit and debit interchange fees charged to merchants and consumers, and be it further

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

Rules Suspended; Bill Committed

H. 863

Pending entrance of the bill on the Calendar for notice, on motion of Rep. Dostis of Waterbury,  the rules were suspended and House bill, entitled

An act relating to creation and preservation of affordable housing and smart growth development;

Was taken up for immediate consideration.

On motion of Rep. Dostis of Waterbury, the bill was committed to the committee on Natural Resources and Energy.

 

 

Proposal of Amended Agreed to; Bill Read Third Time and Passed in Concurrence with Proposal of Amendment

S. 209

Senate bill, entitled

An act relating to Vermont energy efficiency and affordability act;

Was taken up and pending third reading of the bill, Rep.
Dostis of Waterbury
moved that the House proposal of amendment be amended in Sec. 29 by striking the number “2009” and inserting the number “2008

Which was agreed to. 

Pending third reading of the bill, Rep. Heath of Westford moved that the House proposal of amendment be amended by adding a new Sec. 10a to read as follows:

Sec. 10a.  26 V.S.A. § 2173 is amended to read:

§ 2173.  RULES ADOPTED BY THE BOARD

(a)  The plumber’s examining board may, pursuant to the provisions of 3 V.S.A. chapter 25 (Administrative Procedure Act), make and revise such plumbing rules as necessary for protection of the public health, except that no rule of the board may require the installation or maintenance of a water heater at a minimum temperature.  To the extent that a rule of the board conflicts with this subsection, that rule shall be invalid and unenforceable.  The rules shall be in effect in every city, village, and town having a public water system or public sewerage system and apply to all premises connected to the systems and all public buildings containing plumbing or water treatment and heating specialties whether they are connected to a public water or sewerage system. The local board of health and the commissioner of public safety shall each have authority to enforce these rules.  The rules shall be limited to minimum performance standards reasonably necessary for the protection of the public against accepted health hazards.  The board may, if it finds it practicable to do so, adopt the provisions of a nationally recognized plumbing code.

* * *

Which was agreed to.

Thereupon, the bill was read the third time.

Pending the question, Shall the bill pass? Rep. Hube of Londonderry 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 bill pass? was decided in the affirmative.  Yeas, 130.  Nays, 1.

Those who voted in the affirmative are:


Acinapura of Brandon

Adams of Hartland

Ainsworth of Royalton

Allard of St. Albans Town

Ancel of Calais

Anderson of Montpelier

Andrews of Rutland City

Aswad of Burlington

Atkins of Winooski

Baker of West Rutland

Barnard of Richmond

Bissonnette of Winooski

Bostic of St. Johnsbury

Botzow of Pownal

Branagan of Georgia

Bray of New Haven

Browning of Arlington

Canfield of Fair Haven

Chen of Mendon

Cheney of Norwich

Clark of Vergennes

Clarkson of Woodstock

Clerkin of Hartford

Condon of Colchester

Consejo of Sheldon

Copeland-Hanzas of Bradford

Courcelle of Rutland City

Crawford of Burke

Davis of Washington

Deen of Westminster

Devereux of Mount Holly

Donaghy of Poultney

Donahue of Northfield

Donovan of Burlington

Dostis of Waterbury

Edwards of Brattleboro

Emmons of Springfield

Errecart of Shelburne

Evans of Essex

Fisher of Lincoln

Flory of Pittsford

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

Hube of Londonderry

Hunt of Essex

Hutchinson of Randolph

Jerman of Essex

Johnson of South Hero

Keenan of St. Albans City

Keogh of Burlington

Kilmartin of Newport City

Kitzmiller of Montpelier

Klein of East Montpelier

Koch of Barre Town

Komline of Dorset

Krawczyk of Bennington

Kupersmith of S. Burlington

Larocque of Barnet

Larrabee of Danville

Larson of Burlington

LaVoie of Swanton

Lenes of Shelburne

Leriche of Hardwick

Lippert of Hinesburg

Livingston of Manchester

Lorber of Burlington

Maier of Middlebury

Malcolm of Pawlet

Manwaring of Wilmington

Marek of Newfane

Martin, C. of Springfield

Martin of Wolcott

McAllister of Highgate

McCormack of Rutland City

McCullough of Williston

McDonald of Berlin

McFaun of Barre Town

McNeil of Rutland Town

Milkey of Brattleboro

Miller of Shaftsbury

Mitchell of Barnard

Mook of Bennington

Moran of Wardsboro

Morley of Barton

Morrissey of Bennington

Mrowicki of Putney

Myers of Essex

Nease of Johnson

Nuovo of Middlebury

Obuchowski of Rockingham

O'Donnell of Vernon

Ojibway of Hartford

Orr of Charlotte

Oxholm of Vergennes

Partridge of Windham

Pearson of Burlington

Pellett of Chester

Peltz of Woodbury

Perry of Richford

Peterson of Williston

Pillsbury of Brattleboro

Pugh of S. Burlington

Randall of Troy

Rodgers of Glover

Shand of Weathersfield

Sharpe of Bristol

Shaw of Derby

Smith of Morristown

Spengler of Colchester

Stevens of Shoreham

Sweaney of Windsor

Trombley of Grand Isle

Turner of Milton

Valliere of Barre City

Weston of Burlington

Wheeler of Derby

Winters of Williamstown

Wright of Burlington

Zenie of Colchester

Zuckerman of Burlington


 

Those who voted in the negative are:


Otterman of Topsham


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


Audette of S. Burlington

Brennan of Colchester

Clark of St. Johnsbury

Corcoran of Bennington

Fallar of Tinmouth

Fitzgerald of St. Albans City

Howrigan of Fairfield

Johnson of Canaan

Lawrence of Lyndon

Marcotte of Coventry

Masland of Thetford

Minter of Waterbury

Monti of Barre City

Peaslee of Guildhall

Potter of Clarendon

Scheuermann of Stowe

Symington of Jericho

Westman of Cambridge


 

     Rep. Hube of Londonderry explained his vote as follows:

“Mister Speaker:

     I support the vast majority of this bill and the work of the committee on Natural Resources and Energy.  I continue to be troubled by one section. I think it is poor public policy to subsidize companies that realize a 30, 40, and sometimes a greater than 5o percent annual return on their investment.  Mr. Speaker, from my perspective that is corporate welfare.”

     Rep. Otterman of Topsham explained his vote as follows:

“Mister Speaker:

     I voted against this bill yesterday because I believe it to be a significant expansion of the powers and cost of state government.

     I have not changed my mind overnight.”

Proposal of Amendment agreed to; Bill Read the Third Time and Passed in Concurrence with Proposal of Amendment

S. 278

House bill, entitled

An act relating to financing campaigns;

Was taken up and pending third reading of the bill, Rep. Pillsbury of Brattleboro moved to amend the House proposal of amendment as follows:

First:  In Sec. 2, 17 V.S.A. § 2801(3), by striking subdivision (E) in its entirety and renumbering the remaining subdivisions to be numerically correct, and in Sec. 2, 17 V.S.A. § 2801, by striking subdivision (5) in its entirety and renumbering the remaining subdivisions to be numerically correct

Second:  In Sec. 4, 17 V.S.A. § 2805 by striking subsection (n) in its entirety and inserting a new subsection (n) as follows:

(n)  The following shall apply to independent candidates:

(1)  The limitations on contributions set forth in subsection (a), (b), or (c) of this section shall be doubled for independent candidates prior to the date of a primary election.

(2)  The following shall apply to an independent candidate who certifies to the secretary of state that he or she will not accept contributions from any political party:

(A)  The candidate may accept contributions from one political committee, designated by the candidate, up to the limitations set forth in subsection (e) of this section for political party contributions; and

(B)  For the purposes of this chapter, “contribution” shall not include:

(i)  Compensation paid by one political committee, designated by the candidate, to its employees;

(ii)  Costs paid for by one political committee, designated by the candidate, in connection with a campaign event.

Third:  By striking Sec. 12 in its entirety and inserting in lieu thereof a new Sec. 12 as follows:

Sec. 12.  EFFECTIVE DATE

This act shall take effect upon passage, except for Sec. 4 which shall take effect on January 1, 2009.

Thereupon, Rep. Sweaney of Windsor asked that the question be divided and that the vote be taken on the second instance first.

Thereupon, the second instance of  proposal of amendment was agreed to.

Pending the question, Shall the House amend the bill as recommended by Rep. Pillsbury in the first and third instances? Rep. Pillsbury of Brattleboro 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. Pillsbury in the first and third instances?  was decided in the negative.  Yeas, 44.  Nays, 85.

Those who voted in the affirmative are:


Acinapura of Brandon

Adams of Hartland

Ainsworth of Royalton

Allard of St. Albans Town

Baker of West Rutland

Bostic of St. Johnsbury

Branagan of Georgia

Canfield of Fair Haven

Clark of Vergennes

Clerkin of Hartford

Crawford of Burke

Donaghy of Poultney

Donahue of Northfield

Errecart of Shelburne

Flory of Pittsford

Helm of Castleton

Hube of Londonderry

Kilmartin of Newport City

Koch of Barre Town

Komline of Dorset

Krawczyk of Bennington

Larocque of Barnet

Larrabee of Danville

LaVoie of Swanton

Livingston of Manchester

McAllister of Highgate

McDonald of Berlin

McFaun of Barre Town

McNeil of Rutland Town

Morley of Barton

Morrissey of Bennington

Myers of Essex

O'Donnell of Vernon

Ojibway of Hartford

Otterman of Topsham

Oxholm of Vergennes

Pillsbury of Brattleboro

Rodgers of Glover

Shaw of Derby

Turner of Milton

Valliere of Barre City

Wheeler of Derby

Winters of Williamstown

Wright of Burlington


Those who voted in the negative are:


Ancel of Calais

Anderson of Montpelier

Andrews of Rutland City

Aswad of Burlington

Atkins of Winooski

Barnard of Richmond

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

Consejo of Sheldon

Copeland-Hanzas of Bradford

Courcelle of Rutland City

Davis of Washington

Deen of Westminster

Devereux of Mount Holly

Donovan of Burlington

Dostis of Waterbury

Edwards of Brattleboro

Emmons of Springfield

Evans of Essex

Fisher of Lincoln

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

Hosford of Waitsfield

Howard of Rutland City

Hunt of Essex

Hutchinson of Randolph

Jerman of Essex

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

Malcolm of Pawlet

Manwaring of Wilmington

Marek of Newfane

Martin, C. of Springfield

Martin of Wolcott

McCormack of Rutland City

McCullough of Williston

Milkey of Brattleboro

Miller of Shaftsbury

Mitchell of Barnard

Mook of Bennington

Moran of Wardsboro

Mrowicki of Putney

Nease of Johnson

Nuovo of Middlebury

Obuchowski of Rockingham

Orr of Charlotte

Partridge of Windham

Pearson of Burlington

Pellett of Chester

Peltz of Woodbury

Perry of Richford

Peterson of Williston

Pugh of S. Burlington

Randall of Troy

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:


Audette of S. Burlington

Brennan of Colchester

Clark of St. Johnsbury

Corcoran of Bennington

Fallar of Tinmouth

Fitzgerald of St. Albans City

Howrigan of Fairfield

Johnson of Canaan

Lawrence of Lyndon

Maier of Middlebury

Marcotte of Coventry

Masland of Thetford

Minter of Waterbury

Monti of Barre City

Peaslee of Guildhall

Potter of Clarendon

Scheuermann of Stowe

Stevens of Shoreham

Symington of Jericho

Westman of Cambridge


 

Pending third reading of the bill, Rep. Ainsworth of Royalton moved to amend the House proposal of amendment as follows:

In Sec. 1, by striking subdivision (2) in its entirety and renumbering the remaining subdivisions to be numerically correct.

Thereupon, Rep. Sweaney of Windsor moved to substitute an amendment for that offered by Rep. Ainsworth of Royalton, as follows:

In Sec. 1, subdivision (2), after “limited,” and before “respond” by adding “may

Pending the question, Shall the House substitute an amendment offered by Rep. Sweaney of Windsor for that of Rep. Ainsworth of Royalton?  Rep. Morrissey of Bennington 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 substitute an amendment offered by Rep. Sweaney of Windsor for that of Rep. Ainsworth of Royalton? was decided in the affirmative.  Yeas,  87.  Nays, 44.

Those who voted in the affirmative are:


Ancel of Calais

Anderson of Montpelier

Andrews of Rutland City

Aswad of Burlington

Atkins of Winooski

Barnard of Richmond

Bissonnette of Winooski

Botzow of Pownal

Browning of Arlington

Chen of Mendon

Cheney of Norwich

Clarkson of Woodstock

Condon of Colchester

Consejo of Sheldon

Copeland-Hanzas of Bradford

Courcelle of Rutland City

Davis of Washington

Deen of Westminster

Devereux of Mount Holly

Donovan of Burlington

Dostis of Waterbury

Edwards of Brattleboro

Emmons of Springfield

Evans of Essex

Fisher of Lincoln

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

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

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

McCormack of Rutland City

McCullough of Williston

McDonald of Berlin

Milkey of Brattleboro

Miller of Shaftsbury

Mitchell of Barnard

Mook of Bennington

Moran of Wardsboro

Mrowicki of Putney

Nease of Johnson

Nuovo of Middlebury

Obuchowski of Rockingham

Orr of Charlotte

Otterman of Topsham

Partridge of Windham

Pearson of Burlington

Pellett of Chester

Peltz of Woodbury

Peterson of Williston

Pillsbury of Brattleboro

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


Those who voted in the negative are:


Acinapura of Brandon

Adams of Hartland

Ainsworth of Royalton

Allard of St. Albans Town

Baker of West Rutland

Bostic of St. Johnsbury

Branagan of Georgia

Bray of New Haven

Canfield of Fair Haven

Clark of Vergennes

Clerkin of Hartford

Crawford of Burke

Donaghy of Poultney

Donahue of Northfield

Errecart of Shelburne

Flory of Pittsford

Helm of Castleton

Hube of Londonderry

Kilmartin of Newport City

Koch of Barre Town

Komline of Dorset

Krawczyk of Bennington

Larocque of Barnet

Larrabee of Danville

LaVoie of Swanton

Livingston of Manchester

McAllister of Highgate

McFaun of Barre Town

McNeil of Rutland Town

Morley of Barton

Morrissey of Bennington

Myers of Essex

O'Donnell of Vernon

Ojibway of Hartford

Oxholm of Vergennes

Perry of Richford

Shaw of Derby

Stevens of Shoreham

Turner of Milton

Valliere of Barre City

Wheeler of Derby

Winters of Williamstown

Wright of Burlington

Zuckerman of Burlington


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


Audette of S. Burlington

Brennan of Colchester

Clark of St. Johnsbury

Corcoran of Bennington

Fallar of Tinmouth

Fitzgerald of St. Albans City

Howrigan of Fairfield

Johnson of Canaan

Keogh of Burlington

Lawrence of Lyndon

Marcotte of Coventry

Masland of Thetford

Minter of Waterbury

Monti of Barre City

Peaslee of Guildhall

Potter of Clarendon

Scheuermann of Stowe

Westman of Cambridge


 

Rep. Donahue of Northfield explained her vote as follows:

“Madam Speaker:

My understanding is that findings in a bill are supposed to reflect the testimony and evidence heard by a committee.  Instead, we hear that this finding is intended to satisfy the United State’s Supreme Court’s ruling that this law should be based on responding to at least an appearance of corruption.  Where was the evidence heard in committee to justify it?”

Thereupon, the recommendation of proposal of amendment offered by Rep. Sweaney was agreed to.

Pending third reading of the bill, Rep. Baker of West Rutland moved to amend the House proposal of amendment as follows:

By striking Sec. 11 in its entirety and inserting in lieu thereof a new Sec. 11 as follows:

Sec. 11.  REPEAL

17 V.S.A. §§ 2805a (campaign expenditure limitations) and 2811(e) (requirement that campaign finance reports be filed with the candidate’s district clerk) are repealed.

Thereupon, Rep. Baker of West Rutland asked and was given leave to withdraw his amendment.

Thereupon, the bill was read the third time and passed in concurrence with proposal of amendment.

Third Reading; Bill Passed in Concurrence

With Proposals of Amendment

S. 355

Senate bill, entitled

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

Was taken up, read the third time and passed in concurrence with proposal of amendment.

Joint Resolution Adopted in Concurrence

J.R.S. 49

Joint resolution, entitled

Joint resolution relating to the collection of United States data in Vermont;

Was taken up read and adopted in concurrence.

Favorable Report; Third Reading Ordered

J.R.H. 46

Rep. Kitzmiller of Montpelier, for the committee on Commerce, to which had been referred joint resolution, entitled

     Joint resolution advocating withdrawal of proposed U.S. Treasury regulation that the U. S. Internal Revenue Service issued on September 28, 2007 eliminating the deductibility of reserves of a captive insurance company participating in a consolidated federal income tax return;

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

House Resolution Adopted

H.R. 30

House resolution, entitled

House resolution designating February 14, 2008 as Wear Red Day;

Was taken up and adopted on the part of the House.

Adjournment

At four o’clock and five minutes in the afternoon, on motion of Rep. Adams of Hartland, 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


www.leg.state.vt.us