1777 SATURDAY, MAY 12, 2007
Journal of the House
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SATURDAY, MAY 12, 2007
At eleven o'clock and forty minutes in the forenoon the Speaker called the House to order.
Devotional Exercises
Devotional exercises were conducted by Speaker Gaye Symington of Jericho, VT.
Message from the Senate No. 80
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 considered the reports of the Committees of Conference upon the disagreeing votes of the two Houses upon Senate bills of the following titles:
S. 6. An act relating to preventing conviction of innocent persons.
S. 7. An act relating to the compassionate use of marijuana for medical purposes.
S. 77. An act relating to transferring title to a motor vehicle to a surviving spouse.
S. 143. An act relating to authorizing the use of racing fuel containing the additive MTBE or other gasoline ethers.
And has accepted and adopted the same on its part.
The Senate has considered the report of the Committee of Conference upon the disagreeing votes of the two Houses upon House bill of the following title:
H. 521. An act relating to miscellaneous substantive tax amendments.
And has accepted and adopted the same on its part.
The Senate has on its part adopted Senate concurrent resolutions of the following titles:
S.C.R. 23. Senate concurrent resolution congratulating Morgan Lilly and Ethan Verberg for their prize-winning performances at the Vermont State Skills U.S.A. Diesel Competition.
S.C.R. 24. Senate concurrent resolution recognizing the role of former commissioner of banking and insurance George Chaffee in helping to establish the captive insurance industry in Vermont.
The Senate has on its part adopted concurrent resolutions originating in the House of the following titles:
H.C.R. 142. House concurrent resolution thanking the utility crews, municipal employees, community organizations, and volunteers who assisted Rutland County in its storm-recovery effort.
H.C.R. 143. House concurrent resolution honoring girl scouting in Vermont on the 95th anniversary of Girl Scouts U.S.A.
H.C.R. 144. House concurrent resolution in memory of John Dostal of Bennington.
H.C.R. 145. House concurrent resolution congratulating Southern Vermont College on its 80th anniversary.
H.C.R. 146. House concurrent resolution congratulating the Destination Imagination teams from Randolph.
H.C.R. 147. House concurrent resolution congratulating Nathaniel Alexander Soares on being named the Vermont state winner of the 2007 AXA Achievement Scholarship.
H.C.R. 148. House concurrent resolution in memory of Gary Rosen.
H.C.R. 149. House concurrent resolution honoring John and Joyce Miner for their devoted service on behalf of Vermont’s veterans.
H.C.R. 150. House concurrent resolution honoring retiring town manager Jerome Mann Remillard for his many years of public service in the town of Brattleboro.
H.C.R. 151. House concurrent resolution congratulating Hannah McMeekin and Garrett Bauman on their commendable service as United States Senate pages.
H.C.R. 152. House concurrent resolution congratulating the 2007 Lamoille Union High School Lady Lancers Division II championship girls’ basketball team.
H.C.R. 153. House concurrent resolution congratulating the American Cancer Society on the construction of the outstanding new Hope Lodge in Burlington.
H.C.R. 154. House concurrent resolution honoring Brattleboro Fire Chief David J. Emery.
H.C.R. 155. House concurrent resolution congratulating Dorothy McGuire of Shaftsbury on her 100th birthday.
H.C.R. 156. House concurrent resolution honoring Jane Altobell for her outstanding 35-year career as the Shaftsbury School nurse.
H.C.R. 157. House concurrent resolution honoring Richford assistant town clerk Joyce Wetherby.
H.C.R. 158. House concurrent resolution honoring Roger Gendron for his public service on behalf of the citizens of Richford.
H.C.R. 159. House concurrent resolution congratulating Gordon DeLong on the completion of his exemplary career as Pittsford town clerk-treasurer.
H.C.R. 160. House concurrent resolution in memory of William H. Leach.
H.C.R. 161. House concurrent resolution honoring Margaret Larivee for her dedicated public service on behalf of the town of Richford.
H.C.R. 162. House concurrent resolution commemorating the proud history of the Catamount Elementary School in Bennington.
Rules Suspended; Report of Committee of Conference Adopted
H. 521
On motion of Rep. Adams of Hartland, the rules were suspended and House bill, entitled
An act relating to miscellaneous substantive tax amendments;
Appearing on the Calendar for notice, was taken up for immediate consideration.
The Speaker placed before the House the following Committee of Conference report:
To the Senate and House of Representatives:
The Committee of Conference to which were referred the disagreeing votes of the two Houses the bill respectfully reports that it has met and considered the same and recommends that the Senate recede from its Second (grandfathering), Fifth (Act 185/proration rules), Eighth (local option taxes) and Ninth (tax increment financing) proposals of amendment and that the House accede to the First (affordable housing valuation), Third (VEGI), Fourth ("Downtown" credits), Sixth (aircraft parts), Seventh (affordable housing land gains exemption), and Tenth (effective dates) proposals of amendment;
and that the bill be further amended as follows:
* * *Appraisal of Affordable Housing Rental Property
Limitation to the Portion of the Property which is Subsidized Housing***
First: By adding Sec. 1a to read:
Sec. 1a. EFFECTIVE DATE
Sec. 1 of this act (grand list valuation of affordable rental housing) shall apply to grand lists of April 1, 2007, and after.
* * *Grandfathering Limited to § 3483 Properties;
Exemption Study* * *
Second: By adding Sec. 11 to read:
Sec. 11. EXEMPTION FROM EDUCATION PROPERTY TAX THROUGH
JUNE 30, 2008
Property tax exemptions authorized under the provisions of 32 V.S.A.
§ 3843 before July 1, 1997, and still in effect on June 30, 2007, shall be deemed to be exemptions affecting the education property tax grand list through June 30, 2008.
* * *Act 185/Real Estate Closing Adjustments* * *
Third: By adding Sec. 24 to read:
Sec. 24. CASH PAYMENT OF PROPERTY TAX ADJUSTMENTS FOR
2007 REAL ESTATE CLOSINGS
For 2007 only, notwithstanding any other provision of law, for a residence transferred after March 31 and before June 21, 2007, if the transferor notifies the commissioner of taxes of the transfer, in writing, no later than 4:30 p.m. on June 20, 2007, and includes with the notice a copy of the property transfer tax return and proof of payment of the property transfer tax, the transferor's Social Security number, the property's school parcel account number, and any additional information which the commissioner may request the commissioner shall not notify the municipality of a property tax adjustment amount for the property, and the commissioner shall pay the property tax adjustment amount to the transferor by July 15, 2007.
* * *Aircraft Parts/Education, Sunset, Study; Sales Tax Included* * *
Fourth: In Sec. 7, in the last line of 32 V.S.A. § 9741(29), by striking the word "an" and inserting in lieu thereof the word "any"
and by adding Secs. 7a and 7b to read:
Sec. 7a. 32 V.S.A. § 9741(29) is amended to read:
(29) Aircraft sold to a person which holds itself out to the general public as engaging in air commerce, for use primarily in the carriage of persons or property for compensation or hire; and parts, machinery, and equipment to be installed in any such aircraft.
Sec. 7b. EFFECTIVE DATE
Sec. 7a of this act (amendment of sales tax exemption for aircraft parts) shall take effect July 1, 2011.
* * *Affordable Housing Land Gains/
Limited to Affordable Housing* * *
Fifth: In Sec. 26, in the first paragraph of subsection §10002(o), after the words "within 12 months of the transfer to the organization to a buyer", by inserting ", qualified under an affordable housing program," and in subdivisions (o)(1) and (o)(2), before the first instance of the word "buyer" in each subdivision, by inserting "qualified"
Sixth: In Sec. 9, by adding a (3) to read: (3) As provided in Secs. 1a, 7b, and 22"
Sen. Ann Cummings Rep. Mary Peterson
Sen. James Condos Rep. Michael Obuchowski
Rep. Harvey Otterman
Committee on the part of the Senate Committee on the part of the House
Which was considered and adopted on the part of the House.
Remarks Journalized
On motion of Rep. McCullough of Williston, the following remarks by Rep. Adams of Hartland were ordered printed in the Journal:
“Madam Speaker:
“Madame Speaker:
When we return here in January, there will be one less State House reporter amongst us. In the seven years that I have been here, I have come to respect Ross Sneyd of the Associated Press for his fair and balanced reporting. I ask that everyone would join with me in wishing Ross good luck in his new endeavor. Ross will be missed in this building.”
Recess
At twelve o’clock and five minutes in the afternoon, the Speaker declared a recess until two o’clock in the afternoon.
At three o’clock and thirty minutes in the afternoon, the Speaker called the House to order.
Message from the Senate No. 81
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 considered House proposal of amendment to Senate bill of the following title:
S. 53. An act relating to motor vehicle.
And has concurred therein.
The Senate has considered a joint resolution originating in the House of the following title:
J.R.H. 42. Joint resolution recognizing the importance of Farmers’ Markets in Vermont.
And has adopted the same in concurrence.
The Senate has considered the report of the Committee of Conference upon the disagreeing votes of the two Houses upon a House bill of the following title:
H. 537. An act relating to making appropriations for the support of government.
And has accepted and adopted the same on its part.
Message from the Senate No. 82
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 President announced a change by the Committee on Committees in the members on the part of the Senate of the Committee of Conference upon the disagreeing votes of the two Houses on house bill of the following title
H. 405. An act relating to capital construction and state bonding.
Senator Scott
Senator Mazza
Senator Bartlett
Rules Suspended; Report of Committee of Conference Adopted
H. 537
Pending entrance of the bill on the Calendar for notice, on motion of Rep. Adams of Hartland, the rules were suspended and House bill, entitled
An act making appropriations for the support of government;
Was taken up for immediate consideration.
The Speaker placed before the House the following Committee of Conference report:
To the Senate and House of Representatives:
The Committee of Conference to which were referred the disagreeing votes of the two Houses upon the bill respectfully reports that it has met and considered the same and recommends that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following:
Sec. 1. SHORT TITLE
(a) This bill may be referred to as the BIG BILL - Fiscal Year 2008 Appropriations Act.
Sec. 2. PURPOSE
(a) The purpose of this act is to provide appropriations for the operations of state government during fiscal year 2008. It is the express intent of the general assembly that activities of the various agencies, departments, divisions, boards, and commissions be limited to those which can be supported by funds appropriated in this act or other acts passed prior to June 30, 2007. Agency and department heads are directed to implement staffing and service levels at the beginning of fiscal year 2008 so as to meet this condition unless otherwise directed by specific language in this act or other acts of the general assembly.
Sec. 3. APPROPRIATIONS
(a) It is the intent of the general assembly that this act serve as the primary source and reference for appropriations for fiscal year 2008.
(b) The sums herein stated are appropriated for the purposes specified in the following sections of this act. When no time is expressly stated during which any of the appropriations are to continue, the appropriations are single-year appropriations, and only for the purpose indicated, and shall be paid from funds shown as the source of funds. If, in this act, there is an error in either addition or subtraction, the totals shall be adjusted accordingly. Apparent errors in referring to section numbers of statutory titles within this act may be disregarded by the commissioner of finance and management.
(c) Unless codified or otherwise specified, all narrative portions of this act apply only to the fiscal year ending June 30, 2008.
(d) The balance of any appropriations remaining unexpended and unencumbered at the end of the fiscal year shall revert to the appropriate fund balance unless otherwise specified in this act or other acts of the general assembly. Refunds of expenditures and reimbursements shall be credited to the appropriate fund and to appropriation accounts in the current fiscal year.
Sec. 4. DEFINITIONS
(a) For the purposes of this act:
(1) "Encumbrances" means a portion of an appropriation reserved for the subsequent payment of existing purchase orders or contracts. The commissioner of finance and management shall make final decisions on the appropriateness of encumbrances.
(2) "Grants" means subsidies, aid or payments to local governments, to community and quasi-public agencies for providing local services, and to persons who are not wards of the state for services or supplies, and cash or other direct assistance, including pension contributions.
(3) "Operating expenses" means property management, repair and maintenance, rental expenses, insurance, postage, travel, energy and utilities, office and other supplies, equipment, including motor vehicles, highway materials and construction, expenditures for the purchase of land, and construction of new buildings and permanent improvements; and similar items.
(4) "Personal services" means wages and salaries, fringe benefits, per diems, and contracted third-party services; and similar items.
Sec. 5. Secretary of administration - secretary's office