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Journal of the House



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

Devotional Exercises

Devotional exercises were conducted by Reverend Paul Essoff of Light House Christian Church, Montpelier, VT.

Memorial Service

The Speaker placed before the House the following name of a member of past sessions of the Vermont General Assembly who had passed away recently:

David T. Clark of St. Johnsbury            Sessions of 1997-2008

Thereupon, the members of the House rose for a moment of prayer in memory of the deceased member.  The Clerk was thereupon directed to send a copy of the House Journal to the bereaved family.

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 twenty-first day of February, 2008, he approved and signed a bill originating in the House of the following title:

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

Committee Bill Introduced

H. 867

Rep. Sweaney of Windsor, for the committee on Government Operations, introduced a bill, entitled

An act relating to health insurance plan coverage for athletic trainer services;

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

House Bill Introduced

H. 868

Reps. Adams of Hartland and Morrissey of Bennington introduced a bill, entitled

An act relating to granting reciprocity from licensing requirements to emergency volunteers;

Which was read the first time and referred to the committee on Government Operations.

Joint Resolution Adopted in Concurrence

J.R.S. 53

Joint resolution, entitled

Joint resolution relating to weekend adjournment;

     By Senator Shumlin,

Resolved by the Senate and House of Representatives:

That when the two Houses adjourn on Friday, February 22, 2008, it be to meet again no later than Tuesday, February 26, 2008.

Was taken up read and adopted in concurrence.

Bills Referred to Committee on Appropriations

House bills of the following titles, appearing on the Calendar, carrying appropriations, under the rule, were referred to the committee on Appropriations:

H. 776

House bill, entitled

An act relating to computation of the basic needs budget and the livable wage;

H. 812

House bill, entitled

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


Remarks Journalized

On motion of Rep. Errecart of Shelburne, the following remarks by Rep. Komline of Dorset were ordered printed in the Journal:

“Madam Speaker:

     Representative David Clark was an antitank gunner in northern Europe.  He crossed the English Channel on Christmas Eve 1944 and spent most of January in France.

     He participated in the Battle of the Bulge.  Though he was reluctant to speak of it, he told a member of the legislature that he was often afraid, cold and hungry.  He couldn't remember ever being warm during the winter of 1945.

     Representative Clark was a true American hero and a very brave man.”

Remarks Journalized

On motion of Rep. Pearson of Burlington, the following remarks by Rep. Rep. Jerman of Essex were ordered printed in the Journal:

“Madam Speaker:

Your Government Operations committee is a sad place today.  We have lost another of our gentle giants, David Clark.  Our Chair could not be present today, but she is with us in spirit, and she loved both David and Cola Hudson deeply.  It was apparent in January that David was not feeling well, but every day in committee he would look over at me and wink to let me know he was okay.  David and Cola worried about each other’s health much more than they did about their own.

     David was as unassuming and modest a Vermonter as you could hope to meet.  He never called attention to himself, even to the point of eating lunch in a quieter spot outside the building.  David was the last Government Operations link to the old local government committee, and we have again lost invaluable institutional memory.

David Clark was loved by everyone on our committee.  The news of his passing negated all the hope and prayers from the past few weeks that he was progressing well and fighting to return to the State House.  We will miss him every day as we know will all his friends in both bodies of the Legislature.”

Remarks Journalized

On motion of Rep. Komline of Dorset, the following remarks by Reps. Valliere of Barre City and Consejo of Sheldon were ordered printed in the Journal:

     Remarks by Rep. Consejo of Sheldon:

“Madam Speaker:

I did not have a chance to get to know Dave very well, but he and others came to France to fight for my country.  As the only French born in this assembly, I want to tell Dave that wherever he is he will not be forgotten.”

Remarks by Rep. Valliere of Barre City:

“Madam Speaker:

Thank you Madam Speaker.  I never wanted to stand here or be here to eulogize my good friend and seatmate of six years, Rep. David Clark. 

He lived his life as he was, humble, hard working, sincere and with a great concern and love for his community.  He was loyal and in love with his wife and family. His service in World War II was spoken of with humility and not bravado, as well.  He was a solid man, as solid as the granite hills of this state, a better compliment cannot be given to a man such as this.

At his age he was still chopping wood, tending his orchard and looking after his wife to whom he was so devoted.

I never wanted to be here to do this, to eulogize my good friend and seatmate, David Clark.”

Bill Amended; Third Reading Ordered

H. 664

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

An act relating to unemployment insurance;

Reported in favor of its passage when amended as follows:

On page 3, Sec. 3.,  21 V.S.A. § 1458 in subsection (e) in the final sentence on line 9 by striking “benefits”  and inserting in lieu thereof “benefits”

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.

Senate Proposal of Amendment Concurred in

with a Further Amendment Thereto

H. 580

     The Senate proposed to the House to amend House bill, entitled

     An act relating to terms of members of the Vermont tobacco evaluation and review board;

     By striking Sec. 2 in its entirety and by renumbering Sec. 3 to be Sec. 2.

Pending the question, Shall the House concur in the Senate proposal of amendment? Rep. Frank of Underhill moved to concur  in the Senate proposal of amendment with a further amendment thereto as follows:

By adding a Sec. 1a as follows:


This act shall apply to current members of the Vermont tobacco evaluation and review board so that the term of a member who was appointed prior to the effective date of this act shall be deemed to have begun on July 1 of the year in which the appointment was made.

Which was agreed to.

Senate Proposal of Amendment Concurred in

H. 750

     The Senate proposed to the House to amend House bill, entitled

     An act relating to prescription drug pricing and information;

     In Sec. 7 by striking out subsection (b) in its entirety and inserting in lieu thereof the following:

(b)  Notwithstanding the effective dates of this section and of No. 80 of the Acts of 2007, the provisions of Sec. 17 of No. 80 of the Acts of 2007 (adding 18 V.S.A. chapter 91, subchapter 3; prescription drug data confidentiality) and Sec. 21 of No. 80 of the Acts of 2007 (adding 9 V.S.A. § 2466a; consumer protection; prescription drugs) shall not be effective until July 1, 2009; except that the department of health and the office of professional regulation may, immediately upon passage, begin any necessary rulemaking, revision of forms, or other administrative actions necessary to implement the program established in 18 V.S.A. chapter 91, subchapter 3 on July 1, 2009.

     Which proposal of amendment was considered and concurred in.


At ten o’clock and fifteen minutes in the forenoon, on motion of Rep. Komline of Dorset, the House adjourned until Tuesday, February 26, 2008, at ten o’clock in the forenoon, pursuant to the provisions of J.R.S. 53.



Concurrent Resolutions Adopted

     The following concurrent resolutions, having been placed on the Consent Calendar on the preceding legislative day, and no member having requested floor consideration  as provided by the Joint Rules of the Senate and House of Representatives, are hereby adopted in concurrence.

H.C.R. 213

     House concurrent resolution commemorating the 4706 Asian American Lunar Year celebration in Rochester

H.C.R. 214

House concurrent resolution congratulating the Chester Innkeepers Association for requiring Green Hotel in the Green Mountain State designation

H.C.R. 215

House concurrent resolution congratulating Isabelle Briggs, Etta Dean, and Mabel Ward on their half-century of civic service as members of the Cavendish Firemen’s Auxiliary

H.C.R. 216

House concurrent resolution honoring Paul Normandeau on his civic contributions to the town of Dummerston

S.C.R. 33.

     Senate concurrent resolution congratulating Dente's Market in Barre City on its centennial anniversary.

     [The full text of the concurrent resolutions appeared in the Senate and House Calendar Addendum on the preceding legislative day and will appear in the volume of the Public Acts and Resolves of the 2008, sixty-ninth  Adjourned session]



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont