Journal of the House ________________ WEDNESDAY, APRIL 10, 2002 At one o'clock in the afternoon the Speaker called the House to order. Devotional Exercises Devotional exercises were conducted by Reverend Ralph Gerlach, Asst. Pastor, Hunger Mountain Christian Assembly, Waterbury Center, Vt. House Resolution Placed on Calendar The Speaker placed before the House the following resolution which was read and in the Speaker‟s discretion, placed on the Calendar for action tomorrow under Rule 52. H. R. 42 House resolution congratulating the 2002 Spaulding Union High School Crimson Tide Division II state championship girls ice hockey team Offered by: Representatives Valliere of Barre City, Gray of Barre Town, Koch of Barre Town, Monti of Barre City and Towne of Berlin Whereas, Spaulding Union High School‟s superlative women‟s ice hockey team improved throughout the season, with a record of 18-4-1, to gain the number one seed in the inaugural state championship tournament, and Whereas, it defeated Rice and Missisquoi on the way to the state final, and Whereas, in the championship game, Spaulding faced off against Northfield for the fourth time this season, and emerged victorious, 6-0, bringing home the first Division II state girls ice hockey championship, and Whereas, three seniors on the team, Melissa Cox, Casey Greemore and Calley Picken, were selected to play in the Essex Rotary Club‟s senior all-star game, and Whereas, two players, Casey Greemore and Sophie Leclerc, were selected to participate in the New England Yankee Conference All Star Festival in Burlington, March 29-31, and Whereas, one player, Casey Greemore, was selected to help represent Vermont in the Make-a-Wish game against New Hampshire on July 13, and 809 JOURNAL OF THE HOUSE 810 Whereas, team members on the offense, Andrea Hutchins, Johanna LaPerle, Jackie LeBlanc, Andee Hulbert, Ashley Thygesen, Molly Gardner, Emily Belcher, Dominique Lafond, Meagan Noury, and on the defense, Ashley White, Morgan Bancroft, Lauren McKinstry, and Karissa Trepanier also contributed significantly all season to the success of the team, and Whereas, goalies Sarah LeClair and Hillary Hirt denied opponents access to Spaulding‟s goal all season long, and Whereas, they had the support and help of their managers, Logan Henry and Andrew Trembley, and Whereas, coaches Dave Lamarre and Brad Bessette ably guided the team to this historic victory, now therefore be it Resolved by the House of Representatives: That the House of Representatives congratulates the Spaulding Union High School Crimson Tide 2002 Division II championship women‟s ice hockey team, and be it further Resolved: That the Clerk of the House be directed to send copies of this resolution to Shawn Woods, Athletic Director of Spaulding Union High School, and Dave Lamarre and Brad Bessette, coaches at Spaulding Union High School. Bill Referred to Committee on Appropriations H. 768 House bill, entitled An act relating to a study to determine the amount of state resources spent fighting sprawl; Appearing on the Calendar, carrying an appropriation, under rule 35a, was referred to the committee on Appropriations. Bill Referred to Committee on Ways and Means H. 765 House bill, entitled An act relating to Medicaid; Appearing on the Calendar, affecting the revenue of the state, under the rule, was referred to the committee on Ways and Means. 811 WEDNESDAY, APRIL 10, 2002 Rules Suspended; Bill Committed H. 660 On motion of Rep. Koch of Barre Town, the rules were suspended and House bill, entitled An act relating to establishment of a department of substance abuse; Appearing on the Calendar for notice, was taken up for immediate consideration. Pending reading of the report of the committee on Health and Welfare, Rep. Koch of Barre Town moved to commit the bill to the committee on Government Operations. Committee Relieved of Consideration and Bill Committed to Other Committee S. 224 Rep. Flory of Pittsford moved that the committee on Judiciary be relieved of Senate bill, entitled An act relating to reports of abuse, neglect and exploitation of elderly and disabled adults; And that the bill be committed to the committee on Health and Welfare, which was agreed to. Joint Resolution Adopted J.R.H. 255 Joint resolution, entitled Joint resolution designating the months of September, October and November 2002 as United Way months in Vermont; Was taken up and adopted on the part of the House. Third Reading; Bill Passed H. 712 House bill, entitled An act relating to fees in the Market Vemront Program; Was taken up, read the third time and passed on a Division vote. Yeas, 94. Nays, 3. JOURNAL OF THE HOUSE 812 Senate Proposal of Amendment Not Concurred in; Committee of Conference Requested and Appointed H. 505 The Senate proposes to the House to amend House bill, entitled An act relating to transportation revenues; First: By adding a new Sec. 2a to read as follows: Sec. 2a. 23 V.S.A. § 6 is amended to read: § 6. VEHICLE REGISTRATION RENEWAL BY MUNICIPAL CLERKS By written agreement, the commissioner may authorize any municipal clerk to renew vehicle, snowmobile or motorboat registrations upon receipt of a completed application and the required fees which shall be forwarded to the commissioner immediately. A clerk may assess, collect and retain an additional $2.00 $3.00 administration fee for each renewal issued. Second: In Sec. 4, 23 V.S.A. § 114(a), subdivision (14) by striking out “9.00” and inserting in lieu thereof 7.00 Third: In Sec. 5, § 115(c) of 23 V.S.A., by striking out “$7.00” and inserting in lieu thereof $10.00 Fourth: In Sec. 19, § 494 of 23 V.S.A., by striking out “$80.00” and inserting in lieu thereof $90.00 Fifth: In Sec. 26, § 1392 of 23 V.S.A. by striking out subdivision (13) in its entirety and inserting in lieu thereof a new subdivision (13) to read as follows: (13) Despite the axle-load provisions of section 1391 of this title and the maximum gross load of subdivision (4) of this section, a special annual permit, which shall expire coincidentally with the vehicle‟s registration, except for vehicles not registered in Vermont in which case the permit shall become void on January 1 following date of issue, may be issued to a person or corporation transporting unprocessed forest products on designated routes on the state highway system for a fee of $200.00 $310.00 for each vehicle which must be registered for a weight of 80,000 pounds. “Unprocessed forest products” includes whole trees, parts thereof, logs and wood chips. This special permit shall be issued only for a combination of vehicle and semi-trailer or trailer equipped with five or more axles, with a distance between axles which meets the minimum requirements of registering the vehicle to 80,000 pounds as allowed under subdivision (4) of this section. The maximum gross load under this special permit shall be 90,000 pounds. The provision of this subdivision shall not apply to operation on the interstate and defense highway system. 813 WEDNESDAY, APRIL 10, 2002 Sixth: In Sec. 30, § 3305(j) of 23 V.S.A., by striking out “$2.00” and inserting in lieu thereof $3.00 Seventh: By striking out Sec. 35 in its entirety and inserting in lieu thereof a new Sec. 35 to read: Sec. 35. 32 V.S.A. § 8903(d) is amended to read: (d) There is hereby imposed a use tax on the rental charge of each transaction, in which the renter takes possession of the vehicle in this state, during the life of a pleasure car purchased for use in short-term rentals, which tax is to be collected by the rental company from the renter and remitted to the commissioner. The amount of the tax shall be five eight percent of the rental charge. Rental charge means the total rental charge for the use of the pleasure car, but does not include a separately stated charge for insurance, or recovery of refueling cost, or other separately stated charges which are not for the use of the pleasure car. In the event of resale of the vehicle in this state for use other than short-term rental, such transaction shall be subject to the tax imposed by subsection (a) of this section. Eighth: By striking out Sec. 36 in its entirety and inserting in lieu thereof a new Sec. 36 to read: Sec. 36. EFFECTIVE DATES This act shall take effect from passage, but the fees shall be implemented on July 1, 2002, and Sec. 35 of this act shall apply to rentals on and after July 1, 2002. Pending the question, Will the House concur in the Senate proposal of amendment? Rep. Marron of Stowe moved that the House refuse to concur and ask for a Committee of Conference, which was agreed to, and the Speaker appointed as members of the Committee of Conference on the part of the House: Rep. Marron of Stowe Rep. Little of Shelburne Rep. Obuchowski of Rockingham Senate Proposal of Amendment Concurred in H. 318 The Senate proposes to the House to amend House bill, entitled An act relating to unclaimed evidence of a fish and wildlife violation; JOURNAL OF THE HOUSE 814 The Senate proposes to the House to amend the bill in Sec. 3, 27 V.S.A. § 1226(d) in the second to last sentence, following the words “by the state treasurer or, at the treasurer‟s discretion,” by inserting the words the firearms Which proposal of amendment was considered and concurred in. Bills Messaged to Senate Forthwith On motion of Rep. Tracy of Burlington, the rules were suspended and the following bills were ordered messaged to the Senate forthwith: H. 712 House bill, entitled An act relating to fees in the Market Vermont Program, H. 505 House bill, entitled An act relating to transportation revenues. Third Committee of Conference Appointed; Rules Suspended and Bill Ordered Messaged to the Senate Forthwith H. 501 House bill, entitled An act relating to professional regulation; Was taken up for immediate consideration. The Senate, having refused to adopt the report of the second Committee of Conference and having refused to ask for a third Committee of Conference, Rep. Hudson of Lyndon moved that the House appoint a third Committee of Conference, pursuant to Joint Rule 21, which was agreed to The Speaker appointed as members of the third Committee of Conference on the part of the House: Rep. Bourdeau of Hyde Park Rep. Sweaney of Windsor Rep. Hube of Londonderry On motion of Rep. Tracy of Burlington, the rules were suspended and the bill was ordered messaged to the Senate forthwith. Message from the Senate No. 49 A message was received from the Senate by Mr. Marshall, its Assistant Secretary, as follows: 815 WEDNESDAY, APRIL 10, 2002 Mr. Speaker: I am directed to inform the House that the Senate has on its part adopted joint resolutions of the following titles: J.R.S. 130. Joint resolution in memory of former Representative John P. Connarn of Northfield. J.R.S. 131. Joint resolution congratulating Ray Burke on his stellar career as the Vermont Agency of Transportation„s indomitable dispatcher. In the adoption of which the concurrence of the House is requested. Adjournment At one o‟clock and forty-five minutes in the afternoon, on motion of Rep. LaBarge of Grand Isle, the House adjourned until tomorrow at nine o‟clock and thirty minutes in the forenoon.