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.