471 FRIDAY, APRIL 1, 2005
Journal of the House
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FRIDAY, APRIL 1, 2005
At nine o'clock and thirty minutes in the forenoon the Speaker called the House to order.
Devotional Exercises
Devotional exercises were conducted by Susan Inui-Kelley of Woodstock.
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:
Robert E. Kinsey of Craftsbury Sessions 1971-2000
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.
Pages Honored
In appreciation of their many services to the members of the General Assembly, the Speaker recognized the following named Pages who are completing their service today and presented them with commemorative pins:
Jim Courtney of Hartland
Kassandra Dunsmore of St. Albans
Abe Freidin of New Haven
Kelsey Hancock of Essex Junction
Mary Lacy of Jericho
Colin O’Leary of Dorset
Elsa Raker of Plainfield
Thomas Salmon of Bellows Falls
Natalie Sargeant of Rutland
Laura Turek of Waterford
Joint Resolution Adopted in Concurrence
J.R.S. 22
Joint resolution, entitled
Joint resolution relating to weekend adjournment;
By Senator Welch,
Resolved by the Senate and House of Representatives:
That when the two Houses adjourn on Friday, April 1, 2005, it be to meet again no later than Tuesday, April 5, 2005.
Senate Bill Referred
S. 101
Senate bill, entitled
An act relating to requiring carbon monoxide detectors in housing;
Was taken up, read the first time and referred to the committee on General, Housing and Military Affairs.
Bills Referred to Committee on Ways and Means
House bills of the following titles, appearing on the Calendar, affecting the revenue of the state, under the rule, were referred to the Committee on Ways and Means:
H. 132
House bill, entitled
An act relating to establishing a milfoil control sticker for display on paddlecraft;
H. 523
House bill, entitled
An act relating to state’s transportation program.
Remarks Journalized
On motion of Rep. LaVoie of Swanton, the following remarks by Rep. Dunsmore of Georgia were ordered printed in the Journal:
“Madam Speaker:
I believe that each and every last one of us choose to do this work because we want to make all Vermonters lives better and more secure, but I think more importantly, the lives of our children.
We certainly don't do it for the public and media ridicule or the hours, days , weeks, and months spent away from our families.
So as I stand here in front of the public and my colleagues it does my heart and soul good to have known such a fine, vibrant and intelligent group of young adults as these Pages and if they are any indication of Vermont’s future we can all feel content with where this wonderful state is headed.
So Kassandra, Mary, Buster, Colin, Natalie, Laura, Abe, Jim, Elsa and Kelsey please leave here knowing that all of you have greatness within yourselves. You can accomplish anything with your lives and become whatever you choose. Never settle for second best and work hard at everything in life.
Kassandra I am very proud of you.
Thank you and God Bless”
Remarks Journalized
On motion of Rep. Peaslee of Guildhall, the following remarks by Rep. DePoy of Rutland City were ordered printed in the Journal:
“Madam Speaker:
The “Curse of the Babe” has been around for 86 years,
The cause of heartache and Red Sox tears.
From Dent to Buckner, and don’t forget Boone,
Year after year they spelled Red Sox doom.
In ’03 it seemed our year had finally come,
But the knuckler left the park and our season was done.
On to Spring Training, it was now 2004,
Curt Schilling and others were hired to even the score.
The season was full of some ups and some downs,
It was the year of the idiots, not that of clowns.
After three months of playing a .500 skid,
Boston said goodbye to one of its favorite kids.
Brought in were guys to shore up the defense,
As time went on the trade seemed to make sense.
The team bonded and played better, no doubt
This would not be the winter for Red Sox Nation to pout.
They closed the gap from 10 ½ to 2,
The Yankees didn’t see them coming, they hadn’t a clue.
The teams split the last 6 games of the season,
It’s the next seven that give this poem a reason.
Down 3 games to none, the nails ready for the coffin,
What happened next has Red Sox Nation laughin’.
The two greatest games in the history of baseball,
Had the Red Sox still down but answering the call.
Big Papi threw the team on his back for a while,
Games 4 & 5 brought back a few smiles.
Back to New York for games 6&7,
Schilling’s Red Sock, and Homers from Damon.
Apparently the Boss hadn’t dug deep enough in his purse,
The Red Sox had beaten the Yankees and finally REVERSED THE CURSE!
Rep. Edwards of Brattleboro in Chair.
Speaker Symington back in Chair.
Governor’s Veto Sustained
S. 74
Pursuant to the Constitution, the House proceeded to reconsider Senate bill, entitled
An act relating to the allocation of the assets of the state teachers’ retirement system of Vermont, the Vermont state employees’ retirement system, and the Vermont municipal employees’ retirement system;
Pursuant to the provisions of the Constitution, the Clerk proceeded to call the roll and the question, Will the House pass the bill, the failure of the Governor to approve notwithstanding? was decided in the negative. Yeas, 87. Nays, 57. A two-thirds vote of 96 needed.
Those who voted in the affirmative are:
471 FRIDAY, APRIL 1, 2005
Ancel of Calais
Aswad of Burlington
Atkins of Winooski
Audette of S. Burlington
Bohi of Hartford
Botzow of Pownal
Brooks of Montpelier
Chen of Mendon
Clarkson of Woodstock
Condon of Colchester
Copeland-Hanzas of Bradford
Corcoran of Bennington
Cross of Winooski
Darrow of Dummerston
Deen of Westminster
Donovan of Burlington
Dostis of Waterbury
Dowland of Holland
Edwards of Brattleboro
Emmons of Springfield
Evans of Essex
Fallar of Tinmouth
Fisher of Lincoln
Frank of Underhill
French of Randolph
Gervais of Enosburg
Grad of Moretown
Green of Berlin
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
Kiss of Burlington
Kitzmiller of Montpelier
Klein of East Montpelier
Kupersmith of S. Burlington
Larson of Burlington
Lippert of Hinesburg
Lorber of Burlington
Maier of Middlebury
Malcolm of Pawlet
Marek of Newfane
Martin of Springfield
Martin of Wolcott
Masland of Thetford
McCullough of Williston
McLaughlin of Royalton
Milkey of Brattleboro
Miller of Shaftsbury
Minter of Waterbury
Molloy of Arlington
Monti of Barre City
Mook of Bennington
Morrissey of Bennington
Nease of Johnson
Nitka of Ludlow
Nuovo of Middlebury
Obuchowski of Rockingham
Orr of Charlotte
Partridge of Windham
Pellett of Chester
Perry of Richford
Peterson of Williston
Pillsbury of Brattleboro
Potter of Clarendon
Pugh of S. Burlington
Randall of Troy
Reese of Pomfret
Rodgers of Glover
Rusten of Halifax
Seibert of Norwich
Shand of Weathersfield
Sharpe of Bristol
Smith of Morristown
Sweaney of Windsor
Tracy of Burlington
Trombley of Grand Isle
Zuckerman of Burlington
471 FRIDAY, APRIL 1, 2005
Those who voted in the negative are:
471 FRIDAY, APRIL 1, 2005
Adams of Hartland
Allaire of Rutland City
Allard of St. Albans Town
Baker of West Rutland
Bartlett of Dover
Bostic of St. Johnsbury
Branagan of Georgia
Brennan of Colchester
Canfield of Fair Haven
Clark of St. Johnsbury
Clark of Vergennes
DePoy of Rutland City
Donaghy of Poultney
Dunsmore of Georgia
Endres of Milton
Errecart of Shelburne
Flory of Pittsford
Helm of Castleton
Houston of Ferrisburgh
Hube of Londonderry
Hudson of Lyndon
Johnson of Canaan
Kainen of Hartford
Kennedy of Chelsea
Kilmartin of Newport City
Koch of Barre Town
Komline of Dorset
Krawczyk of Bennington
Larocque of Barnet
Larrabee of Danville
LaVoie of Swanton
Lawrence of Lyndon
Livingston of Manchester
Marcotte of Coventry
Marron of Stowe
McAllister of Highgate
McFaun of Barre Town
Metzger of Milton
Miller of Elmore
Morley of Barton
Myers of Essex
Niquette of Colchester
O'Donnell of Vernon
Otterman of Topsham
Parent of St. Albans City
Peaslee of Guildhall
Schiavone of Shelburne
Severance of Colchester
Shaw of Derby
Smith of New Haven
Sunderland of Rutland Town
Valliere of Barre City
Westman of Cambridge
Winters of Swanton
Winters of Williamstown
Wright of Burlington
Young of Orwell
471 FRIDAY, APRIL 1, 2005
Those members absent with leave of the House and not voting are:
471 FRIDAY, APRIL 1, 2005
Barnard of Richmond
Donahue of Northfield
Leriche of Hardwick
Louras of Rutland City
Wood of Brandon
471 FRIDAY, APRIL 1, 2005
Rep. Nease of Johnson explained his vote as follows:
“Madam Speaker:
We have certainly redefined today what is meant by “one person one vote”. I guess what is democratic or not depends on whether you spell it v-o-t-e or v-e-t-o.”
Rep. Zuckerman of Burlington explained his vote as follows:
“Madam Speaker:
It is a shame that politics got in the way…all the way around.
The fact is, under current law the boards have representatives from their respective groups and from elected government like the Governor and Treasurer. Under the proposed law that principle would continue on the consolidated board. The Governor wants a say in who represents the people of Vermont and who the respective groups have as their representative. That is not one person, one vote, that is one person many votes. What the Governor wants is a consolidation of power, that is not Democracy. This vote was not about compromise.”
Rep. Grad of Moretown in Chair.
Bill Amended, Read Third Time and Passed
H. 518
House bill, entitled
An act relating to capital construction and state bonding;
Was taken up and pending third reading of the bill, Rep. Livingston of Manchester moved to amend the bill as follows:
First: In Sec.1, subsection (7), by striking the number “5,600,000” and inserting in lieu thereof the number “5,380,000”
Second: In Sec 1, by inserting a new subdivision to be subdivision (16) to read:
(16) State House expansion, to complete the cost estimates and preparation of development and construction documents for bidding purposes referenced in Sec. 27a(d) of this act: (220,000)
Thereupon, Rep. Livingston of Manchester asked and was granted leave of the House to withdraw her amendment.
Thereupon, the bill was read the third time and passed.
Speaker Symington in Chair.
Bill Amended, Read Third Time and Passed
H. 521
House bill, entitled
An act relating to miscellaneous tax amendments;
Was taken up and pending third reading of the bill, Reps. DePoy of Rutland City and Keogh of Burlington moved to amend the bill as follows:
First: By adding Sec. 10a to read:
Sec. 10a. 32 V.S.A. § 8903(h) is amended to read:
(h) The tax imposed under subsection (a), (b) or (g) of this section shall be reduced to five percent of the taxable cost of a pleasure care as defined in 23 V.S.A. § 4 which has a United States Environmental Protection Agency fuel economy estimate of at least 30 miles per gallon for highway driving.
Second: By adding subsection 11(k) to read:
(k) Sec. 10a of this act (five percent purchase and use tax on fuel efficient pleasure cars) shall apply to purchases and uses on and after July 1, 2005.
Thereupon, Rep. DePoy of Rutland City asked and was granted leave of the House to withdraw his amendment.
Thereupon, the bill was read the third time and passed.
Message from the Senate No. 41
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. 63. An act relating to the transfer of certain functions from the department of labor and industry to the department of public safety.
S. 113. An act authorizing nonprofit hospitals to convert charitable assets.
In the passage of which the concurrence of the House is requested.
The Senate has on its part adopted joint resolutions of the following titles:
J.R.S. 21. Joint resolution in support of establishing a foreign trade zone in Brattleboro.
J.R.S. 23. Joint resolution in opposition to the establishment of permanent border patrol check point on Interstate 91 south of White River Junction.
In the adoption of which the concurrence of the House is requested.
The Senate has considered a joint resolution originating in the House of the following title:
J.R.H. 29. Joint resolution designating March as Colon Cancer Month.
And has adopted the same in concurrence.
The Senate has on its part adopted Senate concurrent resolutions of the following titles:
S.C.R. 21. Senate concurrent resolution honoring Jamie Guth.
The Senate has on its part adopted concurrent resolutions originating in the House of the following titles:
H.C.R. 77. House concurrent resolution congratulating the Cabot High School Huskies 2005 Division IV championship boys’ basketball team.
H.C.R. 78. House concurrent resolution honoring Arlo K. Sterner for his outstanding service as a firefighter in Lamoille County.
H.C.R. 79. House concurrent resolution congratulating the Arlington High School Eagles’ 2005 Division III championship girls’ basketball team.
H.C.R. 80. House concurrent resolution honoring Margaret Elizabeth Lillie of Pownal.
H.C.R. 81. House concurrent resolution honoring Donald B. Keelan for his outstanding role as the host of the “Q & A Live” public access cable television program.
H.C.R. 82. House concurrent resolution congratulating the Mount Mansfield Union High School 2005 Cougars girls’ alpine skiing state championship ski team.
H.C.R. 83. House concurrent resolution congratulating the Mount Mansfield Union High School 2005 Division I boys’ basketball team.